HomeMy WebLinkAbout2008-07-21 (Regular) Meeting Agenda Packet1.
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lmoca1lon.
Agen da fo r the Reg ular Meeting of t he Englewood City Counci l Monda y, fuly 2 I , 200 8 7:J O pm I tt>th•\\w•d t. 1\ll C 1·11h•r -<-11u11111 ( h.unht•r,
1UOn lt1.tl11\\11ntl P1HL\\,I\
I n~l,~u•~I t (l ll111111
Pledge of Allegiance.
Roll CJII.
Considera ti on of Minutes ol Pre,lo us Session.
a. Minutes from the Regular City Cm111col Meet111~ ot holy ;, 1008,
6. Recognilion of Scheduled Public Comment. 1Plt',1~ limit 10w presentJhon to ten minutes.)
,1. Englewood 01id of Police Thomas C. \l,1nder111w w,11 presen t Meritorious Sel\ ice
A\\ards to Investigator lason Medon,1 from 1he Colorado Oepar1ment of Re--enue and
to Otilcer Sherri Chris te ns en ,md Olflccr lohn I lodller from 1he Englewood Police
Oepar1ment /or their quoc~ thm~intt Jnd the 1011'-....,, mg measur~s the-i took" hen
,~ponding to a tra ffic ,1cc1dent ,n l,11e Ma1 .
b. Engle\\orxl 01,ef 01 Poloce Thoma,(. \l,1ndt•m oee w,11 !l>cngmze Of11cer Tm, Mitchell
for his 1•e.irs of ser\'k~ \\ ith l11e Dep.irtm,•111
c. M,1tt Casebolt (lrom th e l,11, tlrrn ot Rumlc•r, T,irbox. L1den) \\Iii addre~s Council
rel!"tdong a subdl\1s11M1 in.Iller rl'tentl1 considered b\ the Board ot Ad/ustnwnt and
"ppeals,
7. Recognllion of Lln,rhcd11l ed ?ubllc Conunent. (Please limit 1our pre\entation to file
minutes. Tome for unscheduled puhhc comment n1a1 he hmned to 45 minut~,. and 1/ lonuted,
shall be cont11rned lo Gencr,1I D1swssoon.)
Nt,,1',,(\ 1,ote It Hllt h,nr ,11·h-..-hd1T\ .\t,11 n'"f'41 ,111\111,1" ,llfh ,,, \f•f\tff"\ plr,,w 110111\ rh.-. { 1T\ ol I n,tlf>\\OOd
1JOl-""f,2-:?4Wi1 ,II lt•,1~1 .IA hcM1r, 111 ,Hl\,m~ ,, 111 \\h11n '-t'l'\llt"'-,111• tll•rd•~d
h1ttk-\uw:»d Cit\ Co.•" 11 -\\;+-t,,fa luh 11 ~008 r.,~• 1 h. Apprm,1101 Ord inantes on Second Re,1din!l-Cuunc1I Bill No. 39, autho rizing a Memor.ndum of Agreement \\ith the StJle 01 Colorado, Dl\islon 01 o,I and Public S,11e1v, and the Demer Regi onal Council of G/l\ern111enl1 for onspecuon nf ell'\,tlor and escalator comeyance s1stems. ii. Council Bill No. 40, appro, 111g Colora do's Norlh Central All-Hazards Regi on
Heahh and Medical Memo randum of Undetsldndmg.
iii. Council Bill No. 41 , authonz,ng an ln1erg01 ernment,11 Agreement I\ 11h 1he
State of Colorado fo r an Emergency Management Performance Grant in the
amount of S ~ t .000
11 . Council Bill No. 4t au1honzing cmnges 10 th e Engle\\!JOd Mun1cip ,,1 (ode
rela1ing to the Non-Emergency Emplovee Retirement Pl.in.
c. Resolutions and Motions.
Recommendation from the financial Sel\ Ices Departmenl lo adopt a
resolu1lon selling fees for 1he issuance of Art Gallery Permils. STAFF SOU RCE:
Frank Gryglewia, Director of Fi,unc,.
10. Public Hea ri ng hems. (No Public Hearing Scl1eduled.)
t I Ordinances. Resolutions. and Motions.
a. Appr01 al of Ordinances on First Reading.
i. Council Bill No. 43 -Recommenda1ion from Commumty Developmenl
Oeparlment lo adop1 a bill for an 0<dinance amending Title 11-3-1 of the
Englewood Municipal Code per1aln rng 10 encroachmenls i1110 lhe rlght-of-wa\.
STAFF SOU RCE: Alan White, Commu nity Dev,lopmenl Director.
i1. Council Bill No. 50 -Rec0<nmendation fr om the Communil\' Oe1,elopmen1
De1m1ment lo adopt a bill for an ordi11,111ce auth orlling the Soull1 Plan e
Green\\ay Leg;,cy Project Partners Agreemenl STAFF SOU RCE: Mark
Graham, Senior Planner,
b. Appr01 al 01 Ord inances on Sl'Cond Reading.
Counc il Bill No. 37, author!, ,g an amendmenl 10 Tide 16 of the Engl.-,ood
Muntelpal Code: Un,fied De1 Jopmenl Code Amendme111, n,•rtah,lng to Muhl-
Unit Development S1andards.
rIe.1se 1lOIC 11 ~(K• t,,,~£" ,1 dis.1hilil) .ind net....-l J1Nlii,1r, illd~ o, sentCes 1'IW,1\i' nollt\ •M· Cit\ ,,1 l 11~ ... ,t••I
,}0 .... 62·240~ .ll lr-A'\I -IR hour~ In ,1rl\,wn nl \\hen ~,tt"\,Ut IWf"dN-1
I ng.lf'\, C1c-,ci ( " C' "''""~ -'t~mda Juh ~• ~ooe r,,gr -1 ii. Council B111 No. 44 ,,pprO\ing th e purchase and sa le 011\,0 Colorado Oepartmenl of Transportation surplus properties IOC.11ed along South Santa Fe Om e b\ th e City of Engle-, ood tor a proposed rede-elopmenl c. Resolut io ns and Moti ons. Recommendation trorn the Commun11v Oe,-elopment Department 10 adopt a resolution authorizing assignment of Englewood's W08 Prl\ate Activity Bond Cap Alloca ti on to th e Colorado Mousing and Finance Authority for home
ownership programs. STAFF SOURCE: Marl< Graham, Senior Planner.
ii. Recommendat,on from the Commun ity Development Department to approve,
by motion , a contract with Walker Parking Consultants 10 prepare a Parking
Management Plan STAFF SOURCE: Harold J. Stitt, Manager of Community
Development
11 General Discussion.
a. Mayor's Choice.
i. Proclamation promoting health and wellness among Metro Denver cities and
counlies.
b. Council Members' Cho ice.
13 City Manager's Report.
14 C11y Attorney's Report.
I ~-AdJoumrnent
l1l1q,,, 0011• U \1111 h,1\e ,11h-.,1h1hh ,md r1t.1n l ,tu\Jl1.ir)' ,ud11 or <en.1n-s, plN¾' no1tfy 1hr C'uy of EnglN,00tl
11,t '"hl .'40-.1 11 t.-.,,t IR l~11, 1n ,,d\.JllCt• I')# when '(>f'\.ttf'< ,Ul'~Pd
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Call to Order
ENGLEWOOD CITY COUNCIL ENGLEWOOD,ARAPAHOECOUNTY,COLORADO Regular Session July 7, 2008 511
The regular meeting of lhe Englewood City Council was called to order by Mayor W~rd at 7 56 p m
2 Invocation
The invocation was given hy Cnuncil Member Mccaslin
3. Pledge of Allegiance
The Pledge or Allegiance was led by Council Member Mccaslin
4. Roll Call
Present
Absent
A quorum was present
Also present
Councll Members Jefferson, Moore, Penn, Mccaslin, Wilson , Woodward
Coun~IMember Oakley
City Manager Sears
City Attorney Brotzman
Deputy City Manager Flaherty
City Clerk Ellis
Deputy C!ty Clerk Bush
Director Gryglew,cz, Finance and Admlnistrallve Services
Director Black. Parks and Recreation
Recreation Services Manager/Golf Spada, Parks and R ecreatlon
Streets Administrator Hagan. Public Worlls
Director Kahm, Pubr1e Works
Chief Building Official Smith. Fire
Director Eaton, Human ReS011rces
Director White, Community Development
Senior Planner Langon. Community Development
Sen,or Planner Graham, Community Development
Poloce Chief Vandermee
Fore Chief Pattarow
Emergency Management Coordinator Green , Fore
Pof,ce Commander Watson
5 Consideration o f Minutes of Prev ious Session
(R) COUNCIL MEMBER WILSON MOVED, AND COUNCIL MEMBER PENN SECONDED, TO
APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETI NG OF JUNE 16, 2008.
Mayor Woodward asked if there were any m'ld1fications or corrections There were none
Vote res ults:
Ayes
Nays
Absent
Council Members Penn, McCasln. Moore. Woodward , Jefferson. W,lson
None
Council Member Oakley
Engl ewoo d City Co un cil July 7, 2008 Pag e 2 Motio n earned . Counci l Member Moore said in consideration of our lale start I would l,ke lo make a motion lo move Agend a Item 8 out of order and hand le Iha! now . !hen return lo the regula r ilems ,n order. COUNCIL MEMBER MOORE MOVED , ANO CO UNCIL MEMBER MCCASLIN SECO NDED , TO MOV E TO CONSIDER AGEND A ITEM 8 OUT OF ORD ER, l 'HEN RETURN TO TH E REGULAR ORDER .
Mayo r Woodward asked ,f !here was any d1scuss101 . There was none .
Vote rosulls:
Ayes :
Nays :
Absent
Mo lio n carried .
Counci l Membe rs Penn . Mccaslin, Moore , Woodward , Jefferson. w .. son
None
Counci l Member Oakl ey
8. Commun ic ations , Proclamatio ns and Appointments
(a) A letter from Holly Montague announcin g her res ign ation from lhe Keep Eng le wood Beau tiful
Commiss ion was considered .
Counci l Member Mccaslin said she has been on KEB Commission and Is a ve,y, vec1 wonde rf ul perso n and
we are going lo miss her.
Mayor Woodward said I wou ld ju st like to mention !ha t I served on the Comm is.s,on with Holly and she was
very co mm itted lo Engl ewood , so , regretfully , I will support her resignation .
Mayor Woodward asked if the re were any other comments. There were none .
COUNCIL MEMBER McCASLIN MOVED , ANO COUNCI L MEMBER PENN SECONDED , TO AC ::E PT THE
RESIGNATION OF HOLLY MONTAGUE FROM THE KEEP ENGLEWOOD BEAUTIFUL COMMISSION.
Ayes :
Nays :
Absent ·
Motio n carried .
Council Members Penn . Mccaslin , Moore , Woodward , Jellerson , Wilson
None
Council Member Oak ley
Mayo r Woodward sa id next we have resolutions appo intin g members lo our Boards and Comm is sions . Mayor
Pro Tem Moore wi ll be reading the names and those appolnlmen ts and I will be down on the lloor ha nding !he
certificates and pins to ou r members .
COUNCI L MEMBER MOORE MOVED , AND COUNC IL MEMBER JE FFERSON SECONDED , TO APPROV E
AGENDA ITEMS 8 (b) THROUGH 8 (x) · RESOLUT ION NOS . 42 THROUGH 64 .
Ayes : Council Member s Penn, McCashn, Moore, Woodward, Jefferson , Wi lson
Nays . None
Abs ent. Gouncil Member Oakley
Motion carroe d
(b ) RESOLUTION NO . 42 , SER IES OF 2008
A RESOLUTION APPOINTING NATH AN BARRAGAN AS A YOUTH MEMBER TO THE ENGLEWOOD
PUBLIC LIBRARY BOARD FOR THE CITY OF ENGLEWOOD . COLORADO
(c) RESOLUT ION NO . 43 . SER IES OF 2008
A RESOLUTION REAPPOINTING HEATHER BARTUNEK TQ THE CUL 1 URAL AR TS COMMISSION FOR
THE CITY OF ENGLEWOOD . COLORADO
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Englewood City Counc ii July 7, 2008 Pago 3 (di RESOLUTION NO 44 SERIES OF 2008 A RESOLUTION APPOINTING SUSAN BAYLESS TO THE CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD , COLORADO (e) RESO LUTION NO 45. SER IES OF 2008
A RESOLUTION REAPPOINTING MARJOP.IE BECKER TO THE CODE ENFORCEMENT ADVISORY
COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO
(f) RESOLUTION NO 46 SERIES OF 2008
A RESOLUTION APPOINTING DJANIRA COX TO THE CODE ENFORCEMENT ADVISORY COMMITTEE
FOR THE CITY OF ENGLEWOOD, COLORADO
(g) RESOLUTION NO 47, SER IES OF 2008
A RESOLJTION REAPPO INTING NATASHA FISH AS A YOUTH LIAISON TO THE CULTURAL ARTS
COMMISS ION FOR THE CITY OF ENGLEWOOD, COLORADO.
(h) RESOLUTION NO . 48, SER IES OF 2008
:.!'SJLUTION APPOINTING JIM GIBSON TO THE KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR
Tt-'t .,TY OF ENGLEWOOD. COLORADO
(1) RESOLUTION NO 49. SERIES OF 2008
A RESOLUTION APPOINTING LINDA HART TO THE CODE ENFORCEMENT ADVISORY COMM ITTEE
FOR THE CITY OF ENGLEWOOD, COLORADO
(J) RESOL ' 'i'•~·l Ni') ·o. SERIES OF 2008
A RESOLUTION RECt•fVI ~.~,IDlr,1> :ENNIFER HAYNES FOR APPOINTMENT TO i HE ENGLEWOOD
HOUSING AUTHORITY' JR THE CITY OF ENGLEWOOD, COLORADO
(k ) RESOLUTION NO 51 , SERIES OF 2008
A RESOLUTION REAPPOINTING CHRIS HOAGLAND TO THE CODE ENFORCEMENT ADVISORY
COMMITTEE FOR THE CITY OF ENGLEWOOD , COLOAADO
(I) RESOLUTION NO 52, SERIES OF 2008
A RESOLUTION APPOINTING JENNIFER JONES TO THE KEEP ENGLEWOOD BEAUTIFUL
COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO
(m) RESOLUTION NO 53, SERIES OF 2008
A RESOLUTION APPOINTING JENNIFER JONES AS AN ALTERNATE TO THE TRANSPORTATION
ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO
(n) RESOLUTION Nu 54, SERIES OF 2008
A RESOLUTION APPOINTING CHRISTINA KRUK AS A YOUTH MEMBER OF THE PARKS AND
RECREATION COMMISSION FOR THE CITY OF ENG LEWOOD COLORADO
Englewood City Council July 7, 2008 Pago 4 (o) RESOLUTION NO 55, SERIES OF 2008 A RESOLUTION REAPPOINTING REBECCA LAUGHLIN AS A YOUTH MEMBER OF THE PARKS AND RECREATION COMMISSION FOR THE CITY OF ENGLEWOOD COLORADO (p) RESOLUTION NO 56, SERIES OF 2008
A RESOLUTION APPOINTING RICHARD LAY TO THE ENGLEWOOD LIQUOR LICENSING A'JTHORITY
FO~ THE CITY OF ENGLEWOOD, COLORADO
(q) RESOLUTION NO 57, SERIES OF 2008
A RESOLUTION REAPPOINTING MARGARET MCDERMOTT TO THE ALLIANCE FOR COMMERCE IN
ENGLEWOOD (ACi:) FOR THE CITY OF ENGLEWOOD, COLORADO
(r) RESOLUTION NO 58, SERIES OF 2008
A RESOLUTIO~ ~r'PO1NTING GARY NORDLANDF:R TO THE KEEP ENGLEWOOD BEAUTIFUL
COMMISS ION .,R THE CITY OF ENGLEWOOD, COLORADO .
(s) RESOLUTI ON NO. 59. SERIES OF 2008
A RESOLUll\)N APPCtNTING THERESA SABRSULA TO THE KEEP ENGLEWOOD BEAUTIFUL
COMMISSIOI, ~O~ TI1E CITY OF ENGLEWOOD, COLORADO.
(I) r.t-<;:>uJTION NO 60, SERIES OF 2008
A RESOLUTION REAPPOINTING STEVEN SCHALK TO THE ALLIANCE FOR COMMERC:E IN
ENGLE\'VOOD (ACE) FOR THE CITY OF cNGLEWOOD, COLORADO
(u) RESOLUTION NO, 61, SERIES OF 2008
A RESOLUTION REAPPOINTING DONNA SCHNITZER TO THE CUL TUR/IL ARTS COMMISSION FOR
THE CITY OF ENGLEWOOD, COLORADO
(v) RESOLUTION NO 62, SERIES OF 2008
A RESOLUTION REAPPOINTING MAGGIE STEWART TO THE CULTURAL ARTS COMMISSION FOR THE
CITY OF ENGLEWOOD, COLORAOO
(w) RESOLUTION NO 63, SERIES OF 2QflA
A RESOLUTION N'POINTING CAROLYNE WILMOTH T') THE FIREFIGHTERS PENSION BOARD FOR
THE CITY OF ENG.::wooD. COLORADO
(x) RESOLUTION NO 64, SERIES OF 2008
A RESOLUTION APPOINTING CAROLYNE WILMOTH TO THE ENGLEWOOD LIQUOR LICENSING
AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO
Maio' Pro Tem Moore said In advance the Council would like to thank all of you for yo,,r continued or
upcoming II 1s a v11.al role the citizens play In serving on the Boa rds and Commissions Thank you al l
very niuch There was opplause
Ma)'Of Woodward said thank you John and thank you lo all our appo,nlees for lhrtr wrvice and future servtce
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E.nglewood City Council July 7, 2008 Page 5 € Recognition of Scheduled Public Comment a) Tom AsllD<Jm Manage< of CommU011y and Go.emment Aflaio; for Xcel Ene<gy and Adam Peoa '/egetauon Management Coordinator l0< Xcel Energy were present to aodress C<ty Councal regarding lhe removal e,! trees al Broken Tee Englewood Mr AShburn 53d gOOd evemng Mayor members of Counc,I and City sta1 I have,. ~h me 1h<s l!'ten,ng Adam
Pena who is my contaet expert he ts the Vegetabon Management Cu>roina!0< of Xcel Energy We are here
thts even,ng at your request lo discuss acl1onS Xcel Energy look coneemmg tne removal of ltees under the
Xcel Energy 1ransmisSJon lines at lhe new redeveloped Broken Tee Goll Course On behalf or Xcel Energy
and ,ts employees and a>ntraclOrs. I want to apolo31le for 1lus ,nc,denl ,n the manner and process ,n whteh d
happened We dtd not foftow our procedures and guldel•nes and we dtd not commurncate very well Ttus
necessary wor1< should have 13ken place ,n the appropna:e manner and rt dtdn t. unfortunately The liming
was 1101 good rn ltght of lhe Goll Coucse reopening The company regre1s Iha, we o,dn't follow our procedures
and guidelines and we also didn't oommun,cale ,ery w3ll with Iha proper City per.;onnel If 1 could. I would hke
10 JUSI bneny g,ve you Just a little b,t ol background on why we had •o take lhese acbons Trees growing 0<
falling rnlo nearby transmrss,on lines are the rnos1 e,ommon cause ol powe, 0\Jlages Since January of 2007 ,
Xcel Ene<gy has removed ~undreds of thousands of lrees from transm,ssron llne corridors throughout the
Stale of Colorado ThoS wot!< ,s being done to mallllaln all of 0Uf elecmc transm,sSIOll nghts-of.y,ay 111
Colcrado 9ul lhe goal rs to better ensure electnc system 1eka0tl1ty a.'\d to ensuie our transm,ssron lines don't
contact trees It ,s part of the re'llsed Xcel Energy vegetatron management in,ltabve Whteh lnc:ludes removal
of aJI tall growll\g vegetabon w,th,n transm,ss,on line corooors The removal ol tall grO'IMg vegetallon beM
ensures the deltvery of safe. rehable eleCtnc serv,ce to our customers Removal of tall grow,ng vegeta110n
ensuces compbance With Ille reqwements of the Nabonal Eleclnc Reliab1hty Cocl)Or;,,t.,,..,, COiorado Public
UblJIIIIS Comrntss,on guldehnes and the Natrona! Electnc Safety Code s,nce Januar. i f 2008, Xcel Energy
l\as inspected about 75~ of ou1 transmissron lines in the State We have completed the removal of ;iq tal
grow,ng vegetat10n as required on approximately 950 m,les of these comdors An ,nspec11011 of the
transm1S$1011 ltne segmel\l across lhe gall COU1se was recentty conducted The results of this rnspecbon, lhal
meas1Jted the ltne clearance of the trees. found an 11 lrees we,e not meetmg the ~arance standards The
uees in ques110n were not ccmpat,ble w,th a sa!e and reliable operallon of the eleclrlc faciltl.es cross.,g the
gOlf =e The height of the trees and the clearance of the etectnc ftnes reqwed complele removal and that
was the mowattOn to get ti done. Unfc<tunately, we didn't commu111Cal e that very -,ell as we proceeded
through the process We beijeve we have had a long term posrtJve working relalJcnslllp with the Crty of
Englewood on all kinds of issues and we hope llus 11\Qdent doesn't JeDP31dlle our relattonsh,p We recogMe
that we need .~ worlt even harder to regain your trust tn the future and wock on necessary communicat10115
w,th the proper City personnel for au future prOjecis ol thts nature We ¥'111 work with Ctty staff regardmg the
restorat,on of plant malenals. as you requested l\!lall'I, on behalf of Xcel Energy I apotoglle f0< the manner
and the process tn which the trees were removed aJ1(J hope you WIii acoepl our apology Adam and I are he<e
to answe, any questrons you might have
Counol Membe, McCasun said regarding transm,sstOnS. 1s ,1 only on publlC land you ~now what about at a
home ~ I have two trees Iha! are '" the same conchl,on, rs 4 my respons11>,111y ti you came to me. would I cul
lhem down or would you cul them down' How does lhal wo/k? Mr Ashburn said I w,11 lel Ille expert answer
Mr Pena ! aid basicahy yes we are working 11 resldenba! areas and on public land and when you do have
trees 11131 are'" a transmiss,on comdOr, we would be responstble for mamtam,ng those ttees It actually WOUid
be pretty dangerous for a homeowner lo try lo remove one of those trees hrmself
CoUIICII Member McC aslln said righ, that 1$ my concern. because I have been try,ng to llim my trees and there
are ltres I don't know ti they are Public Servrce. telephone or What you don't know whO to can
Mr Ashburn said call me and I w,tt get with Adam and we -loo!< al i Mr McCaSltn said okay I will Mr
Ashburn said I know ,t ,s along the alley behind your house Mr McCastm satd thank you
Councrl Member MOOfe satd are you 11dicabog a change rn policy tn lerms of now laking down all tan growing
Vegetall0fl7 M, Ashburn said I wouldn't call 11 a Change m poocy , again !'fl ask Adam to help me a httle bit
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Englewood City Council July 7, 2008 Page 5 6 Recognition of Scheduled Public Comment (a) Tom Ashburn. Manager or Community and Government Affairs fo< Xcel Energy and Adam Pena Vegetation Management Coordinator rot Xcel Energy. were present 10 add ,,,ss C11y Councll regarding lhe removal or trees al Broken Tee Englewood Mr Ashburn sa,d good evening Mayor members or Coonc:1I and City staff I have with me this evening Adam
Pena who Is my contact expe<t he Is the Vegetatoon Management Coordinator or Xcel Energy We are here
this evening al your request to discuss act,ons Xcel Energy took concerning the removal of trees under the
Xcel Energy transmISS10n lines. at the new redeveloped Broken Tee GoU COurse On behalf of Xcel Energy
and ,ts employees and contractors. I wan t lo apologize for th,s incident in the manner and process ,n which 11
happened We dtd root foijow our procedures and guodeltnes and we did nol communicate very well This
necessary work should have taken place ,n the appropnate manner and 11 didn't. unfortunately The t,mong
was not good ,n hght of the Golf Course reopening The company regrets that we didn't fOllow our procedures
and guidelines and we also didn't communicate very wen with the proper City personnel If I co uld, I would like
to Just bneny give you just a little bit of background on why we had lo take these achons Trees grOWtng o<
ranr,g into nealby transm,ssoon hnes are the most common cause or power outages Since January ,r 2007,
Xcel Energy has removed hundreds or thousand~ or trees from transmission line corrtdo<s throughout Ille
Slate of Colorado This work Is be111g done 10 maintain a:I of our eleclrfc 1ransmIssIon nghts-of-way In
Colorado But the goal Is lo better ensure electric system rehablhty and to ensure our transmission lines don't
contact trees It Is part or the revised Xcel Energy vegetahon management 1nibative, whlCh includes refl"'Val
of an tall growing vegetahon wllh1n trans mission line corridors The removal of tall growing vegetation best
ensures the delivery of safe re,able electnc service to our cuslo<ners Removal of tall growing vegetatoon
ensures comphance with the requirements of the Naloonal Electnc Rehab1I1ty Corporation, Colorado Public
Utilities Cotnmlss,on guidelines and the Natoonal Electric Safety Code Sinoe January of 2008, Xcel Energy
has ,nspected about 75% of our transmIssoon lines In the State We have completed the removal of all tall
growing vegetation, as required, on approximately 950 miles of these corndors An ,nspechon of the
transm1ss•on ltne segment across the golf course was recently conducted The resu lts of this ,nspectoon, that
measured the line clearance of the trees, found all 11 trees were not meebng the clearance standards The
trees ,n quest,on were root compabble with a safe and rehable operahon of the elec1nc faaht,es crossing the
golf course. The heigh t of the trees and the clearance of the electric hnes required complete removal and that
was the mobvahon to get It done Unfortunately, we didn't communicate that very well as we proceeded
through the process We believe we have had a long term posI1Ive working relations hip with the City of
l::nglewood on all kinds or issues and we hope this Inctden1 dOesn't JeOpard,ze our relatoonsh1p we recognize
that we need to wOf1< even harder to regain your trust ,n the future and work on necessary communications
with the proper Coty personnel for all future pro1ects 01 this n•:ure We will work with City staff regardlllg the
restoration of plant matenals. as you requested Again , on behalf of Xcel Energy , I apolog ize for the manner
and the process In wh ich the trees were removed and hope you will accept our apology Adam and I are here
lo answer any queSIIOOS you might have
Counc1I Member McCashn sa,d regarding transmIss,ons, ,s It only on public land you know, what about at ,
home ~ I have two trees lhal are in the same co11dIbon, Is ,t my responsIb1hty If you came to me, wrald I cu,
lhem down or would you cut them down? How dOes that work? Mr Ashburn said I will let the expert swer
Mr Pena said basically, yes we are working In residential areas and on public land and when you do have
trees that are m a transm,ssoon corndor, we would be responsible for maIntaInIng those trees It actually would
be pretty dangerous for a homeowner to try to remove one of those trees h1mself
Council Member McCasl1n said right, that Is my concern . because I have been trying to trim my trees and there
are lines I don't know 11 they are Public Seiv10e, telephone or what you don·t kroow who to call
Mr Ashburn said call me and I will get with Adam and we w,U took at ~ Mr McCashn said okay . I w,11 Mr
Ashburn said I know rt rs along the alley behind your house Mr Mccaslin said thank you
Council Member Moore said are you Ind1catmg a change ,n policy, ,n terms of now taking down all tall growing
vegetallon? Mr Ashburn said I wouldn't ca ll 11 a change rn policy, again I'll ask Adam to help me a ktile b'1
Englewood City Council July 7, 2008 Page6 You kno:. the O'aci<cut m the northeast a lew yea's ago I don t knowhow many m111,ons or customers we,e out that :.as a,e lo !fees We have always had the right and obl,gauon ., our easements and COl<>dors 10 remove lre'!S a· :I ma nta " safety and rekabl ty of tne system In light ol what Is goong on out thei e we rn spect these corridors to make sure that tne height or tne tree and tne sag of the kne tnal there is enough clearance for sa•e1y :.nd so a change on poflcy? I would suggest no Bui lhere lS more focus on the ooiJcy and mo<e aggress,ve cleaning up al those aimdo<s Again th,s ,s to ensute sale and reliable servoce
Counc,I Memoer M001e sai0 one of Ille understandings I have of thlS snuat,on ts that, 10 the past when there
have been issues 1 ~e th•s we have been able 10 usually work out some kind of solution You ha··e mdocated
&on,ghl that n s the p,ocess that was the problem. bul the oulcome wllat I really hear you saying IS the
outeome wou:d not have been any dofferent I am somewllal cunous does that po.,cy start making n mlo our
residential ne,ghborhooos? Trees lhal have been fine , J115t being tnmmed or maJnlamed are they going 10 be
eJunona:ed unaer th•s more aggress,ve ap0 ·oadl? Mr Pena said there ,s a def11111e d 1rrerenc:e between
d1stnbub00 and transmtSsron 111\es and bastcal'y this new leglstat10n lhal was passed only refers lo
transmLSSIOO lines Mr Moore said okay, so these are the massrve hnes and not the residenllal Mr Pena
said e>eaclly there 1s JUSt so much vottage III tnose lines so that IS reany what we are rooking al Mr Moore
sald I wasn't recogruz1119 that d1Sbncil0n Mr Per..i said and so baslC3lly I lhMlk there was some lnmm,ng ,n
the past or; the Golf Course What happened was 111 2008 new laser too!s were developed So now we
actually go out and measure the !fees and get exact distances and figure out exaclly what the clearance
standards need to be and wnat the trees "(.lually are at that point 1n bma Before now we have never had that
capability ,1 was a guessbmallon
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Cou nc,I Member McCashn said coulJ :iny nt these trees have been saved'? Could they have JUSI been
tommed instead of complete removi I Mr Pella S3ld reaUy the tnmmillg Iha! neerled to be done on u,. ..e
trees would have been really so agg -~e :hal most of them would have t,, o.n poss,bly stump!, so '1.Jlly •
there was no tnmmmg out .. wnat we con,-der lnmming oot m this s,tuat,on
~ Member M<:Cas~n said bul if yoo could save a tree and tnm rt below the lransmissicn 11ne l don"t
know. maybe n 1s co:;1 proh1bit1ve to rome bac1< every 5 or 10 years to conlrOI the growth. Mr Pena said,
basocally we are already on a two year maintenance , .l.? and w1~~ these trees. they are a tan grow,ng tree
spec.es that IS what we would COOSlder a knock dow1 , 1,<Je species. because lets say you get a high water
·year. you have a cottonwood and t could actually grow 15 feet Wolh that kind ol a growth rate and r-.lose
these trees actually were to these IIOes. rt was sometn,ng Iha\ we couldn1 afford to nsk Then not only that 1
you ~o to the Vegeta!JOn Na110nal Spectf,cat100s booklet the actual clearances that we need to get on these
11ees IS say a coltonwo,d would be somewl1ere around 46 feet ol clearance which on this hne rt 1s a low
111\e, and ,n some areas we onl' ~ave '., feet clearance from line to ground
Mayor Woodward said t m -:• ~ 1 ~ P:Jr1ng you 36 01 35 1s Iha! What you are saying or 46? Mr Pena
replied 46 Mr Woodwa ·o sa"' ·, •· .1 c "•arance yoo need from the top of the tree or from the ground? Mr
Pena said from the top of lhe tree lo the o1ne the transm:ss,oo Wire Mr Woodward sald ol<ay and my
understand,ng of a Russ.an 0 11ve 1s lhat IS not a very taD tree Mr Pena said well they can grow to 40 0< 50
feet max and these bnes are only 40 feet from the ground So. U ,s sbM a llee that can get In these l,nes Mr
Woodward said okay and you are a tree arbonst. have you e-,er seen a 40 or SO foot RUSSlan Ol rve "'
Colorado? Mr Pena said yes sir Mr W ,,oct.vard said I haven1, and I don I know 1f ollr open space manager
has I guess what really c=•ns me IS the way lhe p,ocess was halldled It ,s my understa/ld1rg lhat on a
Fnday af~ere was a contact made, our C<ty's attorney was tty,ng 10 get In touch With you had lett
you a mes Monday morning at 5 a m \Xour contractor, and evidently your supervisors. came v, and
did 001 take no or an answer They threaten4ll to can,~~ pcl,ce 10 one of our. not high management people
but to one ol our grounds mav,teruince supervisors Thal process seems really unacceptable 10 me when 11 IS
pretty clear that me chain of command Wlth>n the Clly. which •s pnnted on our website, which Tom os very
fam1kar With because 11 1s no different tnan 90% of the other crt,es Within the State of Colorado you start Wllh
the Cny Manager and you start moving down to O,recl0rs and on to Maintenan<P Supervisor No , .. tum
caUs that IS unacceptable By the wne the staff at OUt end neeJed 10 know 11 ... .:,011< had been done
There is a safety ossue what I would consider as a golfer and I thmk Tom IS a golfer between the t6"' green
and the 17°' tee I dOrn I you v,.,uld want to be standing there too long wa111ng at the 17"' tee wheie there
were lrees and 11 was S· p to bloc~ any bal!s that w ·re knocked over the green Aga,n lhe 11m,ng r,,st seems
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Englewood City Council July 7, 2008 Page 7 awfully odd 100 There ,s no1h1ng north of lhe Golf Course Iha\ we have seen al least up unt~ lasl week, that has been removed along lhe lines ,t has been an within the Golf Course And why, righl as we are getting set to open, what amounted to over a 10 m1lllon dollar renovation and having been closed since September of 2006 and planrnng this for well over three years ,., 3 to 4 years and I know Mr Ashburn was famlhar w11h thaL and I also know thal Tom was oul of town, t>ecause he was at lhe same place that Gary and I were at, so, I guess I am asking you Mr Pena, whal kind of response ,s this from Xcel? We have this nght and we are c;om,ng on your Goll Course and we are 901ng to cut down things and there are birds nes1Ing there and we're
taking them too II ts aga inst all the pollc,es lllat you have written
Mr Pena said well I guess. you know, there is not much I can really say aboul that besides apologize I fatled
to nohfy the contractor that mom,ng that they were not 10 come ,n, but did receive a message from lhe City's
attorney and I guess also an apology to Torn Ashburn, because I also spoke to h,m and he asked me no, to
proceed wilh lhe work So basically, I guess the blame lhere Is on my shoulders As far as the birds that were
nes~ng there, tt ,s pretty difficult to see some of those birds some bmes, unless ,t ,s a large owl or something
loke 1ha1 thel ,s nesting there. Unfortunately, we didn't see the b~ds until It was too late As far as go,ng ,n
there ,n the morning and doing lhe work, lhe contractor JUSt did what they were told We weren't able lo stop
them or I fatled lo slop them So for lhat, I owe you . the City of Englewood ... and Tom an apology
Mayor Woooward said well lhe nesting birds' part ts contrary to \'Our own stuff. Mr Pena sa,d abs,,:u"'Y Mr
Woodward said and I think for your 1n formatlon and from w~~:' ~.1<19rstand from our staff, the p3re,1t ·><rls
were flying a'Jove trying to wam, trying to tel these wor1(ers kr,nw that they should have ~•.~wn , ii should have
been their JOb to know that type of thing so killing nesting h!r !~ '5 not acc.eptabte Mr Pena s.-Jd I. not
acceptable Mr Woodward satd I guess one of the things that I'm really looking at again is the sa:ety Issue
and restitution for some of these trees I lhlnk lhls could have bee.., handled a lot differently, In my opinion,
and I am not an arbonst. Mr Pena said at, •• ,, t~ly, It could have ' .,.,pened much dlfferenUy Mr Wooa,iard
said I think the first lh,ngs lhat have to be a i,sed. and I d':"11 tlitnk tt ,s the time to b-l pI:o-,.mg trees,
shrubs and that sort of thing In the middle or sum11 Ier, would be m, ~ue5' frc'II what I knov but again
between that 16" green and the 17"' tee , lhere ,s a safety 15sue lhere and 11 is something that needs to be
addressed Mr Pena said we will work with staff Mr Woodward said I understand lhat cc-mpanles have
quirks in tl,etr system , being a customer of Xcel but also being a minor sharehoidPr of Xce l, the events as they
unfolded were unacceptable Mr Pena said we acknowledge that and agree W1h that completely,
Mayor Woodward asked W there were any other comments or feedback for these gentlemen
Council Member Wison satd the trees are going lo be replaced, correct?
Mr Pena satd no Basically, touching on the safety aspect or the trees, the wdy they were , they were actually
a safety hazard as well due to arcing When lhe power ltne gets Close enough, 11 doesn't even have to touch
the tree, but when ~ gets close enough to the trees, the ~lectricrty can actually jump and find a palh lo the
ground lhrOugh the trees. So, that was aciuatty a big safety hazard on the Golf Course itse lf and It may not
have been for a number of years, because the trees were small and they grew up to u-,s point, but at this po,nt
in time , 1hese trees• .,e actually not only a hablltty issue, but also a safety issue
Counc,t Member WIison said so you are not going to replace any of the trees? Mr Pena satd no
Council Member Wilson said why? Mr Pena said we are replaclng hundreds of lhOusands of trees on lhese
corridors au over the State of Colorado everywhere , and we balance our environmental leadership with our
requirement to provide rcllabb, safe and at the lowest possible energy lhat we can and hundreds of thOUsands
of trees are a tot ol tree~ to ·~fl"Ctfically replace · I saw a picture today that Adam showed me of a tree lhal
had a clearance deal thal actual:y lhe treP. was blown up because lhe hne got close enough and weather
conditions actually arced down to the tre,i And I have learned a lot about trees in lhe last few weeks by lhe
way ,n these corridors but there was an equal ~afety hazard with lhose trees being where they were under a
conductor That is a 230 kilowatt ltne So, we are looktsg at salety Issues on all issues around lhat
Council Member Wilson said so ll>ere ,s n<, tree that could be planted there? Mayor Woodward satd or
vegetatoon1
Englewood City Council July 7, 2008 Page a Mr Peoa said theie can be vegetallOn that can be planted thefe lhere IS a tow ground variety thal could be planted there There are a couple of h,llsides whlCh you wouldn'I want to planl even low ground ltees 011 bee.~ se that h1Uside aciualty raises lhem even closer to the bne Council Member Wilson said I th111k 1: is your resl)OIISlblli!y 10 replace those trees And also, birds live ,n trees that IS pretty convnon knowledge If you are going lo cut down a tree, lhefe ,s a pretty good chance there may
be a tMtd m rt So, I don1 know what lhe Audubon Society would thmk about rt or PET A, but ~ IS uMcceptable
and we need lo have replacement of those the vegeta!Jon
Council Member Moore said I'm sorry, Mt Ashburn. I did hear you say you were gooog to work Wllh OUf staff 10
replace the vegetation, didn't I, earloef? Mr Ashburn said well the letter we recel'Jed from the Crty as<ed aboul
restorabon and planting trees and I am not exactly sure what that means. 0111 commitment IS 10 work With staff
and see what we can come up with Mr Moore said ol<.ly Trees are an absolute problem
Ms Wilson i.aid but they wiW replace them with something Council Member Moore said he understands the
request they will look at plants and vegetatJOn Mr Ashburn said we understand the request and we will
work with staff on thal Mr Moore sa!d we understand youi concerns about trees Mr Ashburn said we are
not In a position lhlS evening fike 10 like trft rep!acemenl jlJSl doesn't wor1< on the program, but we will do
something. Ms Wilson satd no. bul you will replace something. Mt. Ash bum satd l don, know what that IS, I
canl stand here and ten you exacily whal 11 IS but we are comm,tt ,g to w11r1t. with your staff 10 come up with
something reasonable Ms Wilson said okay
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Council Member McCasltn said that ).:sl bnngs up a lacl Is rt the tree that comes first or the power hne that
comes first? I mean, does anybody have a nght over Mr Ashburn satd the power fine comes rlfSI For lhe •
most part, the power hne corrldo< was eslabkshed before lhe trees were planted and the easement was 111
place Mr Me"'..asfin said Okay, I was jUSI "'ondenng
M.iyor Woodward asked d there were any other questio ns or comments
Council Member Penn said no, but • wouto jllst like to thank Tom and Adam for com,ng In and lallOng to us and
hopeluMy we can continue the re!at.onShlp go,ng and maybe we can gel some things ,n line speofic
things that we know are g01ng to happen. d somellung lrke this happens again
Mt Pena said absolutely I agree I lhll\k thil what I am goong to do on my pan IS make sure we are working
wrtn proper City perwnnel to ensure that ..e .:onl i,ao,e thlS type of ,ssue ever again~ the City of
EnglewOOd or any other mun,c,paJrty
Council Member McCaslln said t would also like to thank Tom hrllsetf for showing up I know he could JUSt
have avoided tt and said. well thats too bad, but he slefll)ed up to the ~te. I have had conversatoons wrth
Tom and I bebeve he IS an hone~! and relrable manager .. stuff happens, bot unfortunately rt happened to us
We WIii see wllal we can do about that
Mr Ashburn said I app<eclate thal. ttm,ng is everything and 1,..st dOll't know whal else to say except !or sorry
Ma\?f Woodward said and I secood that Whal Bob said w,lh regard lo Tom We've got a working
relatJonsh,p and I know for myself~ has been since 2004, for John pnor to thal and Gary for eve., tonge, than
any of us. but we appreciate that and I don't think that we i,ao,e had many problems but :hts one W'.JS a big
one a btg, b,g one Mr Ashbum said we understand that
Ms Wilson said thank you
Mr Woodward satd thank you for your tme
Mr Ashburn satd thank you very very much
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Englewood City Councll July 7, 2008 Page 7 awfully odd 100 There ,s nolhtng north ot lhe Golt Course tr.at we h3ve seen at least up untd last week, that has been removed along the lones ,t has been all w1th1n the Goll Course And why right as we are gen,ng set lo open what amounted lo over a 10 m,lloon dollar renovat,on and having been closed since September of 2006 and planning 1h1s for we ll over lhree years 3 lo 4 years and I know Mr Ashburn was lam,bar with that , and I also know tha1 Tom was out of lown. because he was al lhe same place lhal Gary and I were at so I guess I am asking you Mr Pena what ktnd of response s this from Xcel? We have th,s nght and we are coming on your Golf Course and we are 9011119 to cut down things and !here are birds neshng lhere and we re
taking lhem loo 11 ,s agaonst an the pol,cies that you have wnuen
Mr Pena said wen I guess, you know. there ,s not much I can really say about lhal besides apologize I tailed
to nollfy the conlrac1or 1hal morning thal they were not to come 11. but did recetve a message lrom the City's
attorney and I guess also an apology 10 Tom Ashburn, because I also spoke to him and he asked me nol to
proceed wilh the WOfk So basteally, I guess the blame there ,son my shoulders As tar as the birds that were
neslmg !here, ,1 1s pre lly d1fficull lo see some of those b~ds some !lines. unless 11 1s a large owl or something
like lhat that 1s neslmg lhere Unfortun ately , we d1dn'I see • ~1rds untl' 11 was loo lale As far as going 1n
!here In the morning and doing lhe work . the cont, ;,,,, JU'>I ~., ,r.;i: !hey were told We weren't able lo stop
lhem or I tailed to stop them So for that I owe you .h~ ·ty of En~lt-wood afld Tom an ~;,ology
Mayor Woodwar.. •·1Id well tile nesting b1··•· • ,1; .• .·otrary I? your own stuff Mr Pena said absolutely Mr
Woodward said and I ,, .. ,,~ for your 1nfor, ,; •·n , · . .J ,. " what I understand from our staff. the parent birds
were flying above trymg to warn, trying to let~ .,. 001 -.rs know that they should have known. 1t should have
been their J0b to know that type of thing so k111, •i, • • bng 'lird, 1s not acceptable lvlr Pena said 1s not
acceptable Mr Woodward said I guess one of the things that I'm really looking at again Is the safely issue
and restitution tor some of lhese trees I think L1is c-OU!d have been handled a lot d1tterently, 1n my op1nIon •
and I am not an arborist Mr Pe na sai d absolutely. It could have happened much d11ferenUy Mr Woodward
said I think lhe fol lhongs that have to be :tclressed and I don·1 think 11 ,s the time to be plantong trees.
shrubs and thal sort of thing In the middle of summer would be my guess from what I know. but again
betweel1 lha116"' green and the 17" tee, there 1s a safety is sue there and ,1 Is something lhat needs to be
addressed Mr Pena said we wil wo,k with staff Mr Woodward said I 1•nderstand that companies have
qutrlls on their system , being a customer of Xcel but also being a minor shareholder of Xcel, the events as they
unfolded were unacceptable Mr Pena said we acknowledge that and agree wrlh that completely
Mayor Woodward asked of there were any olher comme nts or feedback for these gentlemen
Counc,1 Member Wilson said the trees are going lo be replaced. correct?
Mr Pe na said no Bas,caUy, touci1,ng on the safety aspect of the trees. the way lhey we,e, they were actually
a safety hazard as well due to arc,ng When the power line gels close enough, it doesn't even have to touch
the tree. but when 1t gets close enough to the trees, the electr,c,ty can actuatty 1ump and fond a pa th 10 the
g1ound through the trees So, that was actually a big safety hazard on the Goll Course 1tselt and 1t may not
nave been tor a number of years because lhe trees were small and they grew up lo th,s point. but at lh1s point
In hme, these trees were actually not c,nly a hablhty issue, but also a safety issue
Councll Member W~son satd so you are not go,ng to replace any of the trees? Mr Pena said no
Council Member Wrtson said why? Mr Pena said we are replacing hundreds of thou sands of trees on these
cor11dors all over the Stale of Colorado everywhere and we balance our environmental leadersh ip w1lh ou1
requirement to provide reliable. safe and at the lowest possible energy thal we can and hundreds of thousands
of trees are a lot of trees to ·spec1fteally replace • I saw a picture today that Adam showed me of a lree !hat
had a clearance deal thal actually t~.e tree was blown up because the lone got close enough and weather
cond1t10ns actually drced down to the tree And I have learned a lot about trees In the last few weeks by 1he
way on these comdOfs but there was an equal safety hazard wilh those trees being where they were under a
conductor fhal 1s a 230 kilowatt line So we are looking al safety issues on all issues around lhal
Counc,I Member WIison sa,d so there Is no lree that could be p!anted therr,? Mayor Woodward said or
•egeiatoon?
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Englewood City Council July 7, 2008 Page 9 Recognition or Unschrd•had Public I, •m meni (a) Londa Hart sa .. ant to thar,. City Counctl for tettJng us do th,s tonight These are the onembers of the Dangeroos Co, )Sk Force Lorena Beauregard Cynthia Searfoss , and Lisa Sickles We spent the last year ,n meeungs t ,,., y week and a hall dea!Jng wrth t,y,ng to get your dangerous dog law put together so that you could pass 11 which did happen this last month We wanted to give a special thanks to ,omeone who helped us get lhroug• mis and was great to work With . I was wondering 1r M,ke Flaherty would
come up Ms Hart said we have a r,,,1,i1cate of appreciation for you If you want to stand over here, we will
gr,e you a few ,terns. we got a list:,· t ,, and then you can set them on the table If you want This Is a
certificate of appreciat10n from the ,n,,mrocrs of the Dangerous Dog Task Fo<ee for all the evenings you spent
with us an the Thursdays with us ,,,I11ng, laug hing and kepi us on track and did a lot of good for us The
gifts here are presented to you by t~e C,.ngerous Oog Task Force members ,n appreciation of your work,
pat,ence arid guidance o,er the past year. He gave us enough rope lo gel our opinions voiced and discussed,
but relgred us In when we got a httle off track We laughed at limes and 100k staunch slands at othe", but
with your guidance we were able to come to agreement on a very fine document to present to the Crty We
want to give you sincere thanks for yv.ir efforts. The gifts are ror a future task force They may be as rowdy a
bunch as we were The first g,fi"' , ,;IJ~s bell That is lo politely ring when the discussion gets off track a htlle
bit There was l aughter Our neX1 gill ,s a fog horn whistle and It also lights up and you can put this around
your neck This is to get attention whc.1 things are getting a little bit intense and when the glass bell Is being
Ignored. There was laughter The na\t thing Is a puffer stuff ball This is for you to squeeze when the siress
is getting high and the group ,s gatt•r.3 eel of contrlDI, but then can be thrown at the main offending person
without physical harm to get attenlion There was laughter After that, for when all the control is lost and there
1s no othef way to get the discuss10n b~~k on track , we have two fun bats These can be distributed to the
persons most at odds so they can se~Je lhelr dispute without tnjury and the group can move on And then we
have aspInn Thal Is ror the headache that Mike n<>w has for surviving this group and maintaining peace
There was laughter And last but not least an apple In appreaa1ion and recognit,on rOf Mike's skol! In
educating and guiding us on mediation He st1cceeded in taking us, taking a very diverse group arid forming
us into an effective task force. able to address a very co "T1pka1.:d issue ror the City Thanks Mike There was
applause Ms Hart said and thank you to the Coty Council 101 lel!Jll9 us do this
Mayor Woodward said thank you
(b) Cynthia Searfoss, an Englewood resident said I am here once again lo address the
emergency request ror Coty Council B111 35. It Is my opinion that the approach of the 01dInance cnmonahzes
obtects instead of acllons, rt ,s haudutently flawed and that there are numerous legal problems raised by the
proposed amendment The proposed amendment language needs to be spec,fic F01 example, what does
·other such pubroc assembly· legally mean and who determines this? What 1s specifically def,netl by· any
projectile launcher Of other device whlcll is commonly used.? If an ttem Is commonly used .. as an
example squirt bottles and squirt guns, ,s It now unlawful In all situations? What Is specifically defoned by
'any gas mask or svnilar device designed to fitter an aw breathed"? Does th,s also include oxygen masks and
allergy masks? The language is so broad that It potentially oulfaws baseball equipment, tennis equipment,
lacrosse equipment golf equipment, softball and hockey . It could also outlaw marching bands. as the batons
and nagpoles could be construed as weapons In a conversatlOll alter the last City Council meeting, wilh Chief
of Police Vandermee, he assured me they would never apply lhls Municipal Code at. say . the concert we h.:ve
out here In the square which III a pubic assembly However, once lhe taw 1s oo Jhe books for a period of time,
11 may be used for all sorts or events, tor which II was not 01ig,nally conceived The prohibition is overbroad ,n
Its scope and bans leg11imate act,v,bes and speech protected by the First Amendment Instead of making
actions unlawful, the ordinance crlminahzes the posses~'on or carrying of many leg1t1mate. expressive ob)l!Cts.
wrth no regard 101 the First Amendment It l1m1ts the size and shape of malenals widely used to make props
fOf use In protests For example, protests often contain large. elaborate objects lhat serve as V1sual
representations of lhe message Whol~ a small sign can be constructed us,ng wider matenals. a larger sign 01
larger demonstrallon prop, such as a cooltng tower for a nuclear protest, would require larger matenals and
these matenals are cnmlnalized by this provision, wh,ch would make ,t unposSible 101 protesters to use such
props The ordinance cnm,nahzes the carrying, possession or wearing or 'any gas mask or sImIrar dev,ce
designed to filter au air breathed' That could include surgical masks and bandanas, among other thongs The
masks themselves can express more than mere words and the wearing of such masks 1s fully protected by lhe
Englewood City Council July 7, 2008 Page 10 F1rsI Amendment The ordinance also vesIs police off,cers w11h unlettered d1screI,on Cnmmal statutes must be clear enough 10 give fair warmng to the public as to exactly what Is proh,boted Parts of lhe ordinance fad to do so The ordinance does not provide a specific hst of proh1b1ted obJects It provides catchall provisions that perm,I an officer to designate virtually any obIect as unlawful The provision does not ltmit where and when it can be enforced Its current language can be dwe.,ted al any public gathenng In my conclusion, there Is no need for this ordinance Englewood already has we ll construc ted laws on the books, with clear specific language that can be used to ensure public safely and orderly protests We have 01dmances address,ng the
blocking of access to businesses, obstructing streets and sidewalks, disorderly conduct and harassment. We
also already have ordinances that prohibit carrying weapons on public property The 01d1nance as dra!led,
and as passed upon fwsl reading, has senous const1tullonal flaws For example, this coulil ~" 1n,orrreted as
d1scnminatory against the elderly who require canes , walkers and breathing apparatus II • , s not 1ddress
the needs and concerns of the etltzens of Englewood I urge the City Council to reconsider th<•tr voles on lh1s
ord inance and lo consider holding a public hearing for citizen feedback Th ank you
Mayor Woodward said thank you
8 Communlcat.lons, Proclamations, and Appointments.
This Agenda llem was moved f01Ward See page 2
9 Consent Agenda
COUNCIL MEMBER MOORE MOVED, AND COU NCIL MEMBER McCASLIN SECONDED, TO APPROVE
CONSEtlT AGENDA ITE'AS 9 (a) (I}, (II), (Ill}, (Iv} and 9 (b) (I).
(a) Approval of Ordinances on FtrSI Reading
(i) COUNCIL BILL NO 39. INTRODUCED BY COUNCIL MEMBER MOORt
A BILL FOR AN ORDINANCE APPROVING AN INTERGOVER NMENTAL AGREEMENT (IGA) L ' I IT LED
'MEMORANDUM OF AGREE MENT FOR THE LOCAL JURISDICTION REGULATION OF CONVEYANCES
PURSUANT TO THE ELEVATOR AND ESCALATOR CERTIFICATION ACT TITLE 9 ARTICLES 5.5,
COLORADO REVISED STATUTES" BETWEEN THE COLORADO DEPARTMENT OF LABOR AND
EMPLOYMENT, DIVISION OF OIL AND PUBLIC SAFETY r oPS'} AND THE CITY OF ENGLEWOOD,
COLO RADO
(11) COUNC IL BILL NO , 40, INTRODUCE") BY COUNCIL MEMBER MOORE
A BILL FOR AN ORDINANCE APPROVI NG AN INTERGOVERNMENTAL AGRE~MENT (IGA) ENTITLED
'COLORADO'S NORTH CENTRAL ALL-HAZARDS REG ION HEAL TH AND MEDICAL MEMORANDUM OF
UNDERSTANDING" (MOU) BETWEEN THE PARTICIPATING HOSPITALS LOCATED IN THE TEN•
COUNTY METROPOLITAN AREA, KNOWN AS THE COLORADO ALL-HAZARDS NORTH CENl'FW.
REGION ('NCR'), THE STATE AND LOCAL HEALTH DEPARTMENTS, THE 460"' MEDICAL GROUP (460
MOO) LOCATED AT BUCKLEY AIR FORCE BASE, ANO THE LOCAL OFFICES OF EMERGENCY
MANAGEMENT AND THE CITY OF ENGLEWOO-roLORADO
(Ill} COUNCIL BILL NO 41 , INTRODUCED BY COUNCIL MEMBER MOORE
A BILL FOR AN ORD INANCE AUTHORIZING THE ACCEPTANCE OF GRANT ENTITLED 'STATE OF
COLORADO DEPARTMENT OF LOCAL AFFAIRS EMERGE NCY MANAGEMENT PERFORMANCE GRANT
AGREEMENT (EMPG) WITH THE CITY OF ENGLEWOOD'
(v,) COUNCIL BILL NO 42, INTRODUCED BY COUNCIL MEMBER MOORE
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Englewood City Council July 7 , 2008 Pa go 11 A BILL FOR AN ORDINANCE AMENDING TITLE 3 CHAPTER 4 SECTION 6 SUBSEC ION I ,1 •• ENGLEWOOD MUNICIPAL CODE w;io PERTAINING TO THE NONEMERGENCY EMI LO,r I RETIREMENT PLA N NERP ) lb) Approval ol Ordinances on Second Reading ill ORDINANCE NO 30 SERIES OF 200~ (COUNCIL b1 l NO 33 lf!TROOU 11 I
COUNCIL MEMBER MOORE )
AN ORDINANCE APPROVING AND AUTHOR IZI NG THE EXECUTION OF TH REE INTE lGOVl RNMI 11 I Al
SUBGRANTEE AGREEMENTS (COBG) FOR THE YEAR 2008 BElWEEN THE ARAPAf OE 8( t;RI
COUNTY COMMISSIONERS AND THE CITY OF ENGLEWOOD, COLORA DO
Vote results:
Mot,on camed
Ay~s
Nays
Absent
Counc,I Memb!)rs PcM McCaslon Moote Wooo.vard, Je"erson w, ,,}n
None
Coone,! Member Oakley
(C) Re~oluuons and Mo',ons
There were no aouruonal resolutocn or mouons (Seo Agenr.a 11cm 11 le))
10 Public Hearing Items
(a) COUNCIL MEMBER MOORE MOVED. AND COU NCIL MEMBER PENN SECONDEn . TO
OPEN THE PUB LIC HEARING TO CO NSIDER T ESTIMONY ON COU NCIL l'ILL NO. 37 , AUTHOR lllN O
AN AMENDMENT TO TITLE 16: UNIFIED DEVELOPMENT CODE AMEN DMENTS PER1 AININ G TO
MULTI.\JNIT DEVELOPMENT STANDARDS.
Ayes Council Members f'enn McCashn Moore Woodward JeI erson w,, ,r
Nays None
Absent Council Member Oak ley
Mot10n earned and !he publrc hearmg openeo
Mayor Wooc!Ward saod T-,c,a L agon our SenlOf Planner from Commumty DevelOpmenl. v. II be p,1 .. ,,,,,,,,,.,
All wi Inesses were duly swom
Sen10r Planner Langon sa,d for your cons,derat,on ton19h' Is a PubllC Hearing lo, Council 8 , I No 37
amendm en ts 10 Tolle 16. !he Unified Development Code Those amerdments pena111 to "1L h-uM 1c,,,1, 1 ,
d1str1Cls rve already subm•tled, 101 Ille record , the proof of pubfrcallon lhal this putJIIC heer119 wns not><1'll "
the Englewo'ld Herald on June 20, 2008 and aiso lhe CounCli Communocation thal you hav• As pan ,! t•,
baCkground f01 Ihese amendments 101 approx1maIely 50 years, mulI1-un1t development ,n lhe City rt·tI111I., t ,
minimum lot width of 25 feel per unit With the adopt10n of lhe Unified Development Code , 2104 11,.11
minimum I<,quuement increased to 30 :eeI per unit These proposed amendmcnls Iornghl , re onI,c1I>JI' I
remedy drawbacks and shortcomings related to lhat 30 fool flCf un,I mrn,mum lo! width rcqu rement I 11.,,
foot per unrt requ,rement though 11 was or,3mal ly intended to improve housing quahty rn lhe fa, n01thw1•,I
Englewood areas really had hltle effect on lhal area because most ol lhe lots ,n lhe far no111West [11<11i'~ 1
Wl!fe already platted at 60 feet or wider a~d could meel Ihe new requ,re menl lnslead. lhe , rnnlended
consequence rn lhe rest o r the Coty, ,n mu1II-unIt zone doslncts lhrovghcu! lhe Cny, was thal he Ies10I•n11,11
properties thal were p1a11ed al 25 foot Inc1emen l s, were really hm11ed lo single or one unot dv •ell1n3s 011 J •,(l
foot lot which makes up the maionty of p:op,.n,es ,n the City In other words 101 all ,ntents ,ind puIpos1••
most properties ,n mt,lt1-unIt dIsIncts "ere down-zoned" to single un,t use The effect wast IaI rea<lv I'"".,
the City was not avJ al>', 10 assemb e enoagh la,d to meel that new lot w,tlth requwement Atf, rdal 1,,
redevelopmenl opl!ors were not r,na·:,ali\ viab le because peop le were nol able to develor on s•n~, ,, •
properties Resident ... re\ :ah:-J'.1on eft0r.s were hampered and the Cd\' s ~er detort0fat11 1 t1 ~, .. ~™J •, ,
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Englewood Chy Council July 7, 2 008 Page 1 ~ A BILI •OR AN OR DINANC E AMENDll,v TITLE 3 CHAPTER 4 SECTION 6 SU8SEC110N 1 OF THE CNG,,:WOOD MUNICIPAL CODE 2000 PERTAINING TO THE NONEMERGENCY EMPLOYEE RETIREMENT PLAN (NERPI !b l Appro,al of Ordinances on Second Read.r; 111 ORDINANCE NO 30 SERIES OF '"" ,COUNCIL BILL NO 33 INTRODUCED BY
COUNCIL MEMBER MOORE)
AN ORD INANCE APPROV ING AND AUTHORIZI NG THE EXECUTION OF THREE IN TERGOVER NMENTAL
SUBGRANTEE AGREEMENTS (CDBG) FOR THE YEAR 2008 BE1WEEN THE ARAPAHOE BOARD OF
COU NTY COMMISSIONERS AND THE Cll"Y OF ENGLEWOOD. COLORADO
Vote results:
Mot,on carried
Ayes
Nays
Absent
Councif Members Penn McCashn Moore Woodward Jefferson W,tson
None
Council Member Oakley
(c) Resolutions and Mot,ons
There were no add1 1ional resolution or mot,ons (See Agenda llem 11 (c) J
10 Public Hea, ,\ems
(a) COUNCIL MEMBER MOORE MOVED, ANO COUNCIL MEMBER PENN SECONDED, TO
OPEN THE PUBLIC f' ARING TO CONSIDER TEST IMONY ON COUNCIL BILL NO. 37 , AUTHORIZING
AN AMENDMENT TO I ITLE 16: UNIFIED DEVELOPMENT CODE AMENDMENTS PERTAINING TO
MULTI-UNIT DEVELOPMENT STANDARDS .
Ayes Council Members Penn McCashn Mc,ore , Woodward, Jclferson. WIison
Nays None
Absent Councll Member Oakley
Mohan earned and the publ,c hearing opened
Mayor WCIOd\\ard said Tnoa Langon . our Sen"' Planner from Con,muMy Devetopmenl w~I be presenting
All wI1nesses were duly sworn
Sen,01 Plarner Langon said lor your consrderat,on ton,ght Is a Publ1t Heanng for Council 8111 No 37,
amendments 10 Trite 16 the Un 1f1ed Development Code Those amendments pertain to mull1-uni1 res1denhal
drs tncls I've already subm111 ed, for the record tile proof of publlcahon Iha! th,s public hearing was notrced ,n
lhe EnglewOOd Hera ld on Juro 20, 2008 and also the Counc1l Commumc.i11on that you ,,ave As part of the
background for these amcn,1ments for approxrmately 50 years mul11 -un·: Jevelopment ,n the City ,~quired a
m1n1mum lot ,'1dlh of 25 feet per uJlll W1lh lhe adopt10n nf the Un•~ed Development C.ode m 2004 thal
minimum requ remenl ,nc,eased 10 30 feet per urut These propcse1 amendmenls tonrghl are antrc,patec 10
remedy drawbacks and sho!lcomings related to lhat 30 foot per unrl m,rumum lot Width roq ,wement That 30
loot per umt requ•ement lhooph ,r was 01,q,naNy intended to ,mprove housing quallty ,n the :a, northwest
Englewood areas, really 113d hllle effect on that area because most of the IOls ,n lhe far nor1hwest Englewood
were already plaued at 60 feel or wider and could meet the new requ1rement ln!lead. the umntended
consequence ,n the rest of the City ,n mull1-•1mt 2one d1~1ricts throughout the City was thal the resrdentIal
properties lhal were plalled at 25 fool Increments, were rea lly l,m,ted lo single or one unit dwellings on a 50
100 1 lot which makes up lhe ma10ri ty of properties In the Clly In other words, for all Intents and purposes ,
mosl propert ies ,n mu lh-un,t d1stm:ls were ·down-Loned " lo single unit use Tne ellec1 was lhal ready land m
the Crly was no: available to assemble enough land 10 meet toa1 new lot wldlh requ11emenl Affordable
redevelopment op110ns were no\ financially viable because peoolo were not able to d, vc top on single umt
propert,cj P 0 s dent,al rev•ta••Wll()fl effor1s were hampered aod te, Clly s Older o~•orlOfahng hous•ng s!C>d
Englewood City Council July 7, 2008 Page 12 remained n place The ptopos...oa amendments deal with m111mum lot Wldlh requ,ements for mulh•uM dwellings In lhe mult1-un11 zone d1stncts They established development stand: ·ds for such units and thty also upda1e the dehn11lons relaled to mulll-unlt dwellings There are a number of asscciated am~ndments that deal w,th cianly and coos,s1ercy within lhe ordinance and !hose mainly deal with Table 16·5•1 1, the Table of Allowed Uses. and Table 16-6-1 1 Summar/ Tabl3 or 01mens1011al Reqwemenls for Pnll"1pal Uses and S1,uctures The proposed amendmenls apcly 10 the mulo-urnt d1sIricts There are no R-1 dIstncts affected, so !here's only R-2-A & Band lhe MU•R•JA & B d1s1ncts On page two of your Council Communlcatoon, I~ the
crux of lhe amendments and they're rea1Iy two sections lwJ key differences ,n the proposed amendments
Those deal with the first p1opert,es that had alley access on those propertJes the lol widlh requrremenl will be
returned to the 25 fool h1s1011C requirement and lhat would affect most of the mul1ru11t resid,>nlla1 p1opertIes on
lhe City Key to that Is no dnveway or parking areas would be allowed in the front setback . ~o access for
garage• or parking would be oniy from the rear, through the alley The other area wou ld be the properties with
no alley access and thlS NOUld mainly be p,operties In the far northwest portoon of the C11y, the area that
actually 111mated the 30 foot reqwement In those areas, the p1oper1y reqwement for per uM would remain at
30 fe£t aM we're proposing to add developmenl standards dealing with dnveways, garages, and pa.1<111g
pads. lhat would affecl the visual nalure of those .. g;;,rage, concrete and vehicles in the front yards She said
)USI lo summarize, the proposed amendmenls are in-tended lo re-establish the lot width standard lhat
coordinate With the hoslonc lot So rt would be 25 feel per unit, based on the 25 loo ,ncremenl siandard for
most of the IOts in the C,ty. The amendmenlS are proposed to or intended lo re-establish the hIstonc mulb-unit
use for lhe 50 foot lots that are In the majorily of the mul li•unil dIslrlcls We would propose to continue the
City's lask of clanfying and simplifying the zoning code and those are, those Changes that I mentioned to the
v3nous tables And lhe ptOposed amendments are anhc,paled to f\!llledy drawbacks and shortcomings
;elated K' lhe 30 foot per unit IOI requirement thal we,e adopted ,n the UOC In 2004 If you have any
questions, I'd be happy to answer them
Mayor Woodward .isked 11 there were any questoons
Mayor WOflOward said I havo one and lhat would be. 1f one had 75 feet of fronlage In an R·2·A Oislnct, would
lhey be allowed th , ee-25 foot units? Ms La ngon rep lied In R·2·A, lhe maximum number of units ,s two, so
even with 75 feel. no matter lhe froniage, the max would be lwo units Mayor Woodward said okay Then R·
2-8 and above, would allow three umts al 75 feel Would that be correcl1 Ms langon answered correct
Mayor Woodward said thank you ror that clanf,cation for me
Mayor Woodwa rd asked If there were any other questions There were none
Mayor Woodward said nobody has Signed ~P for the publ,c hearing If there il' anyone who wtshes to spe3k
they are welcome to cc,me to the t>(ld1um no,, There was nc one
COUNCIL MEMBER MOORE MOVED, ANO COUN CIL MEMBER WILSON SECONDED, TO CLOSE THE
PUBLIC HEARI NG CONSIDERING TESTI MONY O'N COUNCIL BILL NO. 37, AUTHORIZING AN
AMENDMENT TO TfTlE 18: UNIFIED DEVELOPMENT CODE AM ENDMENTS PERTAINING TO NIULTI ·
UNIT DEVELOPMEN T STAN DARDS.
Ayes· Council Members Penn, McCashn, Moore, Woodward, Jefferson, Wilson
Nays None
Absenl Council Member Oakley
Mahon earned and the public heanng close<!
Mayor Woodward said thank you T r,c,a
11 Ordinances, Resolution and Motions
(a) Approval of Ordinances on Forst Reading
(1) Sen,or Planner Graham p1esented a recommendatJon from the Commoorty
Development Department to adoµ, a B111 f:ir an Ordinance aulhonz1ng lhe purchase of dt=s,gnaled Colorad,.
Oepartme nl of Transportation su rplus property and sale or same for deve loping an amusement park He ,a,d
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Englewood City Council July 7, 2008 Page 13 Councll Bill 44 before you, Is a request to authonze the C11y Manager lo oe able lo execule documenls to buy and sell property In an economic dovelopmenl prOje(.t that has been b<oughl lo our allenl,on This 1s the COOT property lhat ,son either s,dc ol lM London Molel To give you a lillle background. these propert ies have been discussed by Council before, ong1nally as polental RTD parking, afle1 that as a potential amusemen1 parlc Part of these PfOpertIes were aulhor,zed by Council lo be obla1ned for an eMl ended slay hotel and lhese are the last of the two remaining paicels that COOT Is willing to convey to the City undel an arrangemenl that we partlClpaled ,n. whereby we received a ftrst nght of refusal option by responding 10 their
lmt,al request If we were interested in the proper\Jes In this r.ase, Jon Cook has come to us asking us to
partic1pa1e In th,s transaction so lhal he can subsequenUy convey the property Whal he gels oul of I1 ,s lhe
oppOJ1umly lo redevelop anolher property on Broadway and Dartmouth So, the staffs recommendalJOn In th,s
case IS that Councd authonze the C~y Manager and do that for the pu1pose of economic developmenl henefil s
lhal lhe public would get from this
Mayor Woodward asked 1f there were anv questions for Mark at this point
Council Member Jefferson said Is there anything in this transaction lhal relies upon Mr Cook a,:d Mr Ehnoffs
ltans.acbon on Broadway and Odrtmouth? Or IS that just a totally separate trans.act10n? One that ,s Just
menhoned In 1hIs. Senior Planner Graham said Dan. can I 1um thal back to yo u? Cily Attorney Brotzman sa,d
and the answer IS that Mr Cook would not be aSkJng lo do lhts without the trans.actlOn on Broadway So, yes
there ls a reliance on Mr Ehnoff and Mr Cook's t,ansac1Ion Council Member Jefferson said okay
Council Member Jefferson said so we'd wail, 10 ptts~ this forward, until they closed on thal deal? Is lhat
correct? City Attorney Brotzman said I should cla1ily one thing; we've had a verbal comment from Mr Coo.>k
that there may be a problem with lhIs transact10n, so lhis may not be coming back lo you rlghl away on second
redIng If their trans.action does work out, we would ask that the ool1nance be pas5'ed and thtn they would
close on their propemes after lhal It would be condll t0ned on lhat.
Couno! Member Jefferson said, If s.ay, the<r deal were to go south, would we still retain that right oi iefusal and
offer It to another person 111.11 might step fo-ward to purchase the new London and COOT propemes logelher?
City Attorney Brotzman said yes and we'd bmg thal entire transaction back lo you Council Member Jefferso,
said okay Thank you
Coun cil Member Wilson said has Mr Cook, I don't know what the problem was, but has he talked about whal
he wants to put on the property, at South Broadway and Danu l!Jlh? Sen,or Planner Graham responded It Is
my understanding, from lalkIng to Mr Cook, Is he has no proposed use for the property, other than to transfer
tt to Mr Ehnoff. ,n exchange for the nght to develop Mr Ehnoffs property on Broadway
Council Mem~r Wdson s.atd what could thal property be developed as? Sen10r Planner Graham replied it's a
combm?1·,n of mixed use B-2 zoning, wh ich Is commer,:,al along Broadway and some properoes to the wesl
which are currently two duplexes There Is some polenbal that ,1 could be re-zoned, to be all commercial, If ,rs
all con tigu ous. ij-2 ,s a very broad comr.iercial zone lhat allows both residential and commercial uses The
size of the property ,s unusually large If the property to lhe west were lo be cornmercoally zoned, ,t would be
excep1,onaI. with a full mo,emenl intersection on one of the s1ree1s thal also has gOOd access to Santa Fe It's
a pnme retail corner Councd Member Wdson s.atd Okay, thank you
COUNCIL MEMBER JEFFERSON MOVED, AND COU NCIL MEMBER WILSON SECONDED, TO
APPROVE AGENDA ITEM 11 (a) (I) -COUNCIL BILL NO. 44.
COUNCIL BILL NO 44, INTRODUCED BY COU NCIL MEMBER JEFFERSON
A BILL FOR AN ORDINANCE APPROVING THE PURCHASE AND SALE OF TWO COLORADO
DEPARTM ENT OF TRANSPORTATION (COOT) SURl'LUS PROPERTIES LOCATED ALONG S<,UTH
SANTA FE DRIVE BY THE CITY OF ENGLEWOOD, COLORADO FOR THE PROPOSED
RE:)EVELOPMENT
Mayor Wooc ward asked 1r there wa~ any furtht< d1scusS10n There was none
Englewood City Council July 7, 2008 Page 14 Vote results: Mollon carried Ayes Nays Absenl Councd Members Penn, McCashn, Moore, Woodward, Jefferson, Wilson None Cour,cd Member Oakley
(b) Approval of Ordin ances on Second Readi ng
(I) Councd Bin No 34 authonz1ng an lnlergovernmental Agreement w11h tne City and
County of Denver for the provision of services and aid In preparation for and during lhe 2008 Democrabc
National Convent,on was considered
COUNCIL MEMBER WILSON MOVED , AND COUNC IL MEMBER McC ASLIN SECONDED, TO APPROVE
AGENDA ITEM 11 (b) (I}· ORDINANCE NO . 31 , SERIES OF 2008.
ORDINANCE NO 31 , SERIES OF 2008 (COU NCIL BILL NO. 34, INTRODUCED BY COUNCIL MEMBER
WILSON }
AN EMERG ENCY ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMEt-lT c"ITITLED
"IN TERG OVERNMENTAL AGREEMENT FOR THE PROVISION OF SERVICES ANO AIC
PREPARATION FOR AND DURING THE DE MOCRATI C NATIONAL CONVENTION ", BETV\rc:t:N THE CITY
OF ENGLEWOOD, COLORADO ANO TH E CITY AND COUNTY OF DENVER, COLORADO
Mayor Woodward asked If there were any questions There were none
Vote results:
Motton earned
Ayes
Nays:
Absent
Council Members Penn, McCashn, Moore. Woodward, Jefferson, Wilson
None
Council Member Oakley
M Councd Bill Nu 35 amending the Englewood Municipal Code to prohlbtt the
possess,on of or carrying ot certain obiects al piekel fines and Olher public assemblies wa s consid ered
COUNCIL MEMBER McCASLIN MOVED , AND COUNCIL MEMBER MOORE SECONDED , TO APPROVE
AGENDA ITEM 11 (b) (II) • ORDINANCE NO. 32, SERIES OF 2008.
ORDINANCE NO 32, SE RIES OF 2008 (COUNCIL BILL NO 3S INTRODUCED BY COUNCIL MEMBER
MCCASLIN)
AN F.MERGEN CY ORDINANCE AMENDING TITLE 7, CHAPTER 6B, SECTION 3, OF THE ENGLEWOOD
MUNICIPAL CODE 2000, PROHIBITING TliE PvSSESSION OR CARRYING CERTAIN OBJECTS AT
PICKET LINES AND OTHER PUBLIC ASSEMBLIES.
Mayor WoodWard asked 1f there was any d1scuss1on,
Counol Member McCastin said t ~Jr you Cynthia what yo•l're say,ng . but, as a l.eacher, we've gotten a lot
more l1mlted as to what kids ca n Mng to school and society Is becoming more aware of dangerous elements
that can happen In groups. You fli!Ver know what sets a person off And m tallung to Chief Vandermee, I think
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his 1ntent10n was fUSt lo protecf the ,nnocent people that were there for the same reason that the person w1lh •
the weapon 1s or what we consider a weapon Alcohol plays a part ,n 11 When people get f,red up 0< angry.
some people are good at controlling their emotions and some people are not, so I thin k 1t gives leeway lo give
the d1scre t10n to the police officer who's trained in these matters lo look Into the s1tuauon I understand your
concern. but I st1H teheve that they'•e not doing this to pick on certain people It's for the protect10n of the
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Englewood City Council July 7, 2008 Pago 15 ,nnoceni, 1he people who might be ,n danger by a person who gels out of con1roI I can see both sides, ou1 I m go,ng 10 err on the side ~f safely Thal's where I see ,t Counclf Mimber Jefferson said I have some concerns about lhe boll as ,ts wnlten I co agree wilh lhe SIWll of the law and we do need 10 allow for our police off,cers and wt\alnol lo ensure the pub!•c '\ilfely I do have some concerns also about the scope and some potential expressions of speech issues ar,d things like lhal Dan, do you wan1 10 comment at all on expression of speech Issues? C11y Attorney Bro1Zma11 said one or lhe
,ssues you have with lh1s, I believe Denver and Arapahoe County, are ,equestmg a un,rorm bill We could
make lots of changes, but one of the things Council Member Jefferson said this IS what we have ,n front of
us, lhe uniform b1P? C11y Attorney Brotzman conltnued say,ng ,t ,s the untform btll lhat ts being proposed 101
the DNC so all of the offtcers v11II be working with the exact same language throughou t the communllte s
Counc 1 ~1ember Jefferson said I 1ust think ,t has a scope issue Do you nol see a scope issue? City Attorney
Brotzman said ii you are aslung 11 ,t IS constitutional ,s it legal, lhen lhe answer is yes Are there some 1h1ngs
In Ihere that I may not recommend or we m,ght do d1lferenlly, the answer Is probably But again, you are
being requested to approve a uniform bill. so all law enforcement throughout the jurlsd,cllons have the e.act
same language
Council Member Mccaslin said so ,rs nol Ju st our City adop ting this we've adopted ,t from the other cItIes Is
that correct? City Attorney BrolZman said that's correcl Again If you read the Englewood Hera ld Ih1s last
week , Arapahoe Coun~/ Just passed this exact same language
And. Mayor Woodward said, lhere was controversy with that C~y Attorney Brotzman said correct
Council Member Jefferson said especi3lly with all or these intergovernmental agreements ... I don't know It
Just seems bke there should be a little bit more due d,l,gence to ensure thal ,rs not Council Member McCasln
said what are you lootmg lo,? Are you lo-.>klng to ldenttfy each weapon that a person could use? What is the
complaint? That people are going to be .:arrying an umbrella and 11 could be considered a weapon? Sure, ,t
could be a weapon You could use II as a weapon Isn't the re discretionary use? People used to bring pocket
knives to sr.hool and now, they say . 11 you bring a pocketknife to school, you'll be expelled Before, when I was
grOW1ng up, you'd take a pocket kmle to Bof Scouts, you'd take rt to school. you didn't get expelled for lhal
So. times have changed and I think what we r!! looking al is the na ture of the beast nght now. We're not
looking fifty years ago, wnen you :ould leave your front door open . There are some saf ely concerns , I don't
know whal the b,g Issue Is If we go too far on lho other side or safety and we are not safe enough, then that's
my concern I don't kno,, why we wouldn't want to protect people who are innocent who ate there maybe for
a p,otesl, or lreedom of speech and get e2ught up w:th a guy who has an umbrella and uses ,t as a weapon
Council Member Jefferson said nobody's advocating go,ng against public safety here Like I said, I'm all for
public safely here My Issue ,s that you re going to cnminal,ze lh1J1gs that don't necessanly have a c11mInal
,ntenbon You know, I think some of those express,ve speech Issues ate let me g,ve you an example lei's
say some enwonmental orgamzat,on wanls to wear gas masks as a form of expressive speech Thal seems
lo me like thal would be unconst,tul lonal I don't know Perhaps 11 we vote this down, we can sµu• some
energy to rewrite this
Counol Member McCaslin said I don't know where /OU are g01ng 10 go with weapons To me. a pencil 01 a
pen could be a weapon Do you have 10 list everything? Council Member Jefferson sa , d exactly and that's the
point, so why are we attemp11n9 to criminalize these particular
Mayor Woodward satd can I ask Ch1ef Vandermee. h~ve we as a pobce depar1ment expenenced any
problems with the ex,~!• , Jrd,nance? Chief Vandern,~e said to date. no, we have not expenenced those
kinds of problems ,e rec• ,nmended changes address only those Items that one carries or possesses at a
demons1ratt0n. rat Dickel fine. or other such public assembly
Counc,I Member Jet ·rson said whteh ,s cefined JUSI by three folks, correct? Just three tolks Ch1ef
Va ndermee sa,d thre • or more persons Council Member Jefferson said stan ding on a corner, with my st,ck
or ca ne. or umbrella t whatever 11 may be, but doesn't necessarily have crim,nal 1nten1Ion I cou ld lace some
Englewood City Council July 7, 2008 Page 16 criminal hab,hty here. correct? Am I m1sunderstandIng? City Attorney Brotzman explained Ms Searloss ,s right ,n that there are some ,terns ,n here that 11 you've got a super -soaker real hie example obV10usly fs nox1011s 11 ,t ,s filled Wlth unne That's a real hie example Tt.at s why ,ts pr<-h1brted In ~ere The policy hne you are 10ok1ng for Is do you want the olhcers to be able 10 walk over and say no to that Simply to have the ability to contact them. because they are carrying that with them You don't want to see If any ot them have a squirt gun. and you·re ,n a demonstration. the officer Is not going to do anything If the officer actually moves f01Ward the prosecutors are not 90,ng to follow up on that case Next up Is even d that happens. the Judge
1sn·1 going to do anything with that case
Councli Member Jetterson said Is ttu,t how we should be formau.ng our policies? City Attorney Brotzman said
that's the quest10n that you're IOokmg ~, do you want 10 have that imhal contact whlCh ,s what we're talking
about, because of this? That's what's be,,g recommended to you. These are real hie examples that have
come up and caused harm In demonstrativns
Council Member Jetterson said the penahy ,s. potent,any. up to S1000 00 fine. correct? C,ty Attorney
Brotzman said that Is our general penally provis10n, which Is S1000.00 and/or 360 days In jail So, you cou ld
face. In all practically, something hke that Is that realistic? No. that's not realistic Again. is that something
that you want to cnminatize? Counol Member Jefferson said realistic. assumrng the cunent pot,tical agen:la ,s
what d Is I mean. my coricern Is that we pass something like this and then there's a politically unpopular
group or whatnot and suddenly we're selectively enforcing this kind of a thing aqainsl those types of folks
That's how I kind of see it
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Mayor Woodward said I had brought up the questlOn al the last meebng, and I think I talked to the Chief about
,1. and that was. and this Is why I asked the question, was that If 11 is somel'ling that Is working, as II has been.
ani vet th is is really all about the DNC The intergovernmental agreements. In regard lo demonstrations, Is II •
vi; w. to do this as an emergency ord1nanct through September YJ" or thJS year or some dale certa,n arid
th ,rs the enent of this emergency ordinance and we go back to our regular ordi nance. which we haven't any
pr-~fems with Because I do have some of the same types of c~ncerns as you when I look al some of these
thmgs.
Crty Attorney Brotzman said one of the problems with that Is you're trying to get th,s In place before the DNC
You have several alternatives . You're going to be hard pressed to pass this, not as an emergency. and move
forward to get It In twice before the DNC You can pass this as an emergency ordinance as It stands. with
unifonn language, bring rt back atter the DNC, and then mcld,ty n how you see fit
Mayor Woodward said modify II or repea• It? City Allorney Brotzman said correct Mayor Woodward said can
we put a date certain on 11 lon,ght and ,rs the same as first reading and second read ing would be at the next
meebng and rt would be :n place as ol second reading? City Attorney Brotzman said as long as there are no
pubticat10n problems. One of the things we've built into this. and we try to build it into all of our ordinances. Is
1f something goes wrong and th,~ Is wt1y the ordinance was passed allowing ror on-line legal pubhcallons Is
something is published 1'1Correctly at the paper, you may not have 11 in place Yes, ,t everything works
perfectly. you're g01ng to meet that trneframe If somehow, we miss a page in publication. you won't have 11 m
place Mayor Woodward said okay So. then I hear you saying, If we're to go that way. you recommend
repealing II as opposed to changing It to a date certain C,ty Attorney Brotzman said correct
Council Member Moore said I'll Jump in, for the record Th,s Is a recommendal10n from our Chief of Pot,ce
see 11 as protecting the rights of lhe speech of the masses I don't like the Idea of going to a demonstration
and having the guy next to me pull out a gas mas:, I think the purpose of this Is reasonable II does not
impede the freedom of speech and m fael, agam, II recogmze3 the safety of 1/1<:se also W1sh1ng lo part,capate
So. I am completely cornfortabte moving forward Wlth the recommendat,on that we received from our Chier ol
Police as It stands Certainly you can look at repealing II later. but I think 1ve ne~d to move on with passing •
lh1s tonight
Councd Member Jefferson said that being said I don't think I could support It as wntten Mayor Woodward
said you cou ldn I suppor1 11 Council Member Jefferson said I woul~n't support it as written
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Englewood City Council July 7, 2008 Pago 17 Council Member McCasJ1n said Joe what dtd you mean by an unpopular poblical group coming int~ the City? Counc,1 Member Jefferson satd for example , we have different lolks prolesltng at gathenngs Some of them are more or less poht 1cally popular than others you know And my suggestion 1s JUSt that 11 the community for some reason. doesn't hke a par!Jcular v,ewpou,t or something and it JS concerned whether 1us~r1ed or un1us1orled about potential acts of v,olence or whatnot They could be subject to more fierce enforcemenl of these types or things when their intent was the same as somebOdy else who gathers and 1s planning on peacerully demonstraUng
Council Member McCasJm satd shouldn't we enforce someone who's getting out or control? Ccuncll Member
Jefferson said definitely and our current ordinances do thal You know whal I mean? The only thing that this
1s doing 1s addmg on a list or aems saying that these are things lhat you can'I carry with you when you stand ui
a group of three or more Is that correct or am I ,ncorrect? City Attorney Brotzman said thal's absolutely
correct
Counc~ Membef McCashn satd d you try to IJSt everything you could and could not take to a group meeting or
a protest or whatever Counc,I Member Jefferson sa,d thats whal we're allempt1ng lo do here Council
Member Mccaslin said I don'I know Tom, tha l wou ldn't be possible, would it? How would you list everything
that could be a weapon? A key from a keychaln could be a weapon It's endless
Council Member Jefferson said I agree. I think the point... Tom while you made this recommendation, these
are the list or Items that you see as potential problems. Is that correct? Chier Vandermee said these are the
list ol ,terns that have been used 1n other paru of the country that ona. ~ dlslUfbance becomes a not. arc
used as weapons agamsl lhe people who are In attendance ... c1v1hans, poltoe offioers, and other
demonslralors. The intent or the ordinance Is to remove those things that would be m1>st harmful in~ notous
situation
Council Member Wilson said as I read lhis, I see everyth ing 1s with the Intent to be unlawful I understand bolh
stdes or tt and I understand Just having this for just the convention, which Is why th,s was brought up But it's
the Intent to do an unlawful act and I think the r,rst way lo see ~ someone Is doing that is to approach them and
ask and see where they are coming from . Am I correcl Tom? I mean this gives you the opportunity 10 go
forward and ta lk to these people, if you think their intent ,s unlawful Chie r Vandermee said there are any
number of ways for a person lo demonstrate mtenl They can do so ve.baUy They can do so under
quesllor,ng. You can gather enough 1nfomnat10n to establish the~ 1nten1 You can also establish intent by
their P.:,uons
But Council Member Jefferson sald, most or those acUons. I guess, would already be cn"1mal1Zed under our
,.urrent code I mean, you \'an't h1I somebody over the head You can't get rowdy You can't throw things
These are already Illegal I guess that's whal I wanled to poinl out
Mayor Woorlward said rt's the intent 1n part thal's already within the ordmMce that 1s nol new
Council Membflr Moore said let me clanfy The 111ten1 does not apply to these secltons ThJS 1s possession
Ma~e no mJStake SeclJOn A talks about m1en1 sections C, D and E are slnclly possessoo, but what lhat
does Is empower the police 10 approach !hose 1nd1v1duals and address t11at s1tuat1 on Bu• • ~ssurne the 1nten1
language is very deliberately left out of this City Attorney Brotzman said correct Counci, Member Moore sa id
so I don't want anyone to lhmk lh:it mtent 1s what is wnllen mlo C. D and E
Council Member Jefferson said you hnve lo have mlent plus those llems All you have to have is those llems,
in a group of lhree or more
Council Member Moore said what you're doing 1s empowering lhe police 10 approach lhat situal1on Whal I
th in< Dan 1s trying lo highhghl is without that intent, this may, in some views go too rar m empowering the
po:ice But wilhot•l that 1n1enl you'll never get through you I ke ly won1 have an issue with the police beyond
tral f11s1 encounter You still have to clear the prosecu11on You still have to clear lhe court And so I lhtnk
tnat s a part ol who I you we. e h1gh hght1ng Dan c ,1y Allorney Brolzman said correcl Council Member Moore
said so we have 10 accepl thal lhls is a relatively empowering or a very empowenng law Again In go on
Englewood City Council July 7, 2008 Page 18 record I'm very comfortable wtlh ,1 I'm s1t11ng here hstemng to the recommendahon of our Ch,ef of Police and I'm constdenng all of those innocent people at these demonstratoons and I think lh•s ,s prudent and powerful So ,t s clear "'>ere t m 901ng to be voling when we f1natly get to lhe vote Council Member McCashn said I agree Council Member Penn sa d I also agree
Mayor Woodward asked 1f there were any other comments
Countd Member Wtlson said t was rn Chocago. for lhe t»g OemocrallC convenbon, and lhere was a lot of
destruction So I'm well aware I ltved there, I wasn't protesting So, I'm aware of Ihe dangers. I have a hard
time having ,t go beyond the convention, but I feel very comfortable wrth It happening dunng lhe convenlton
So. I don't know ti we can look at lhis afterwards or how that would work
Council Member Jefferson said If lh1s were lo pass . t would definitely be tnterested In locking at reviewong ,t
afterwards
Counal Membei Moore satd ~ny Cosnot member Is free to bnng up lhal appeal for cons1derahon . Council
Member Wit~on sa,d okay.
Mayor Woodward satd anybody who voled for rt. cooect? Wilh uttlrzing lhe word repeal? Cny Attorney
Brotzman satd In an honesty. ti you wanted to do a motton to bnng that back at a dale certain, we can certainty
do that as well. Mayor Woodward satd okay.
City Attorney Brotzman sa,d you could pass the ordtnance and then SllTlply do a motton, a veroal motion, to
bring It back after the ONC . anyhme
Counctl Member Jettersoo said again, that betng said , my thought Is It Just generally oversteps the boonds of
discrehon and I do undersland the need for publte safely. but I have issues wrth lhe ordinance as wntten and I
win nol suppo,111 No disrespect to Tom or to our Police Department t have the utmost respect for you guys
and you know. I have the utmost Interest ,n upholdin11 our public sa fety But I do have Issues with the way that
It is worded
Mayor Woodward asked ,f there was any further d1scuss10n There was none
Vote res ults:
Mobon earned.
Ayes
Nays
Absent
Council Members Penn. McCasbn, Moote, Woodward, Wilson
Council Member Jefferson
Council Member Oakley
(c) Resotuhons and Motions
(1) Ooreclor E.iton presented a recommendation lrom the Department of Human Resources
Department lo adopt a Resotut10n approving the Collective BargaIn,ng Agreement between the Englewood
Fore Fighters Assoc1aI1on and the City of Eng lewood for the years 2009, 2010 and 2011 She said the contract
covers approximaIe ly 45 employees. At a previous Study Session. we discussed lhe background analysis and
altemat,ves I"d be happy to answer any questions regarding that prev,ous d,scussoon. If you have any 1h1s
eve~tng
Mayor Woodward asked ii there were any quest,ons There were none
COl!NCtL MEMBER PENN MOVED, AND COUNCIL MEMB ER McCASLIN SECONDED, TO APPROVE
AGENDA ITE M 11 (cl (I)· RESOL UTION NO. 6S, SE RIES OF 2008 .
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Englewood City Council July 7, 2008 Pago 19 RESOLU~ ION NO 65, SERIES OF 2008 A RESOLUTION AUTHOR IZING THE COLLECTNE BARGAINING CONTRACT BElWEEN THE ENGLEWOOD FIREFIGHTERS LOCAL NO 1736 AND THE CITY OF ENGLEWOOD FOR THE YEARS 2009 2010 AND 2011 Mayor Woodward asked ,t there was any drscuss ron
Mayor Woodward said I just want to compliment you Sue on the work lhat you , Mrke, the rest or staff and the
Firefighters Assoc,at,on have done to get to lhrs poml Ms Ealon said thank you
Vote results:
Motion earned.
Ayes
Nays
Absenl
Council Members Penn, McCashn, Moore, Woodward , Jefferson, Wilson
None
Counc,I Member Oakley
(ii) Director Ea ton presenled a recommendation from the Human Resources Department 10
adopl a resolut10n approving the Collectrve Bargain1119 Agreement between the Englewood Police Benefit
Association and the City or Englewood for the years 2009 and 20◄0. She said we discussed the part1CUlars or
lhls contract at a prevrous Study Sess10n and ,f anybody has any ques.100s regarding lhose details, I'd be
happy to answer them new
COUNCIL MEMBER JEFFERSON MOVED, AND COUN CIL MEMBER PENN SEC.OIIDEO, TO APP ROVE
AGENDA ITEM 11 (c) (II) -RESOLUTION NO. 66, SERIES OF 2008 .
RESOLUTION NO 66, SERIES OF 2008
A RESOLUTION AUTHOR IZING THE PROVISIONS OF THE COLLECTIVE BARGAINING CONTRACT
BElWEEN THE ENGLEWOOD POLICE BENEFIT ASSOCIATION AND THE CITY OF ENGLEWOOD FOR
THE YEARS 2009 AND 2010
Ma, Woodward asked If there was any drscuss,on There was none
Vote results:
Moboncamed
Ayes
Nays
Absent
12 Genoral Discussion
(a) Mayor's Cheree
Counc,I Members Penn. McCashn, Moore, Woodward, Jefferson, Wason
None
Counc,I Member Oakley
(1) Mayor ~ard said I'd fike to coogratulale the Fire Department an . the Polrce
Department oo the succe~e 4'" of July celebrabon at Belleview, Cornerstone and Progress Parks I put
,n my hours there, all day and nigh t I th ink II was really a success for what we had to worll wth Kraig StovaM
has done a very good )Ob Please pass that on
(11) Mayor Woooward saJCI I also want to menhon the Sounds of Summer concerts lhat
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are com,~ up, out on the piazza out here On the 10" of July, the Groove Society; on the 1 i", Oeja Blu, and
on the 24 , the Golden Eagle Concert Band These are al 6 30 nght outSlde C1tyCfnler here on the piazza
outd00< amphitheater
Englewood City Council July 7, 2008 Page 20 (111) Mayor Woodward said I'd like 10 mention that August s"' 1s Natoonal N1gh1 Out and u,ere IS a r.eed for block parnes 1n Englewood which ,s pretty much a trad1t10n C111Zens can arrange block part,es by contacting Ton, Geier, our Community RetaUons Spec1al1st (b) CoullCII Membets' ChOtce (1) CouncU Member Penn
, He said I've been attending Colorado Rail Authority meelings Gary, have you passed any or that
tnrormalJOO on that I've e-mailed to you? Coty Manager Sears replied lhat, quite honestly, I don't know that Ive
gotten any e-ma~s rrom you I know that you sent me something In the ,nail
Council Member Penn said rt s an Aulhonty that ,s looking into mass trans,, goon~ from Golden to Grand
Junctoon It's a few dollars rt's probably about a 20 bllhon dollar proiect It os 1n the feasibility study stage
nght now If anybody would like that information, I can e-mail ii to you. One or these days they are probably
going to ask for dues They haven't yeL but they moghl It's an witeresung group, so hoopefully that continues
2 He said I did get to use the Golf Course last week It's probably ,n need of repair, as bad as t am II
was an exoeHent opportunity to get out there and to use the dflWl!I range and use the Golf Course
3 He said I'd also like to thank everybody who worked on Ille 4"' of July celebl'aUon I had a great time.
Un~ke Mayor Woodward, I lfldn't do any work I just had a picnic all day and ,twas a great time to see
everybody down there at the par11 Everythi ng see med to go really we ll. Please pass on my thanks to them
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4 He said one comment on the Sounds of Summer. Everybody at the restaurant said bnng back Elvis, •
all right? Bring back Elvis II 1s already requested.
5 He said t WIii see everybody in about 3 weeks
(•l Council Member McCasltn
1 He asked If Study Session items should be brought up roght now Mayor Woodward said nght now
Council Member McCasbn said I understand lhat the<e Is a group out III our Coty caned "Englewocd Cijizens
for Open Government·. I also understand that they have representatives at Study Sessions, interviews ror
commissions and Council meeUngs. which are open to the public I don't know what '.heir agenda Is or their
compta,nts are concerning decisions made by Crty Council I've heard that they have regular meebngs w,th
their groups, but these meetings are by lnv,te only, to their select rew. I guess what I would like to ask this
group Is to have an open dialogue or some open dialogue or invite us to their meeting, so we can work In the
best interest of the cruzens and not Just special interest groups My concem ,s that I've never heard I've
talked to a lot of people who know a rew people who've been In this group I don't like the dlrect10n lhat it's
going, but I wish there was more open dialogue between Coty Council and what the~ agendas were
2 He said I'd like to entertain with the Counc,1...1 met wi th Frank Weddig last year concerning :hree
tenns Arapahoe County passed •~ 60% lo 40% last year, roe Arapahoe County Comm,ss,oner; Just getting
into the poli!ICS and doing ,t, you get to love II and ,t takes you about four years just to get on board. By about
the second or third year, you're looking to run agaon already. So, there's a pretty good learning curve. I think
once you get good people on Counetl . you'd hke to keep them for awhile I know that we used to have
unlimited or did we have a three terim r,mlt before? How long has thos term lim 11 been In effecl, does anyone
know? Has it b.;en awhile? He said I guess I don't need to know now I would toke to make a proposal either
to see how many on Councol wet,ld be interested ,n looklng at puttmg a quest,on on the banot for a three te<m
hmrt l wouldn't want to go unlimited But, I also feel that If you have someone you know Is :eally not do1,,9 •
their 10b, tney don't hke, they can always be voted out I'd toke to see that three term lumt come back
Mayo, Woodward asked so are you making a motoon then to make a Charter change?
• Englewood Ci ty Council July 7, 2008 Page 21 Cny Attorney Brotzman said you're requesting a Chaner change and actually I should clarify, pnor to the term hm11 , 11 was unhm,ted Council Mer,,ber Mccaslin said right and lo be fair 11 would be n,ce but I don't know d I would want to go untm,ted But I think three terms thats twelve years of serving your City and I know once you gel involved and you really want to do the nghl things So do we lun1I ti to three? Can we have some d,scuss,on on this? Mayor Woodward sa id do you want to make a mouon on lh1s? Councli Member Mc:Cashn said I'll make a
motion that walk me through this Councd Member Moore said Council Member McCashn would hke lo make
a motion add a referendum item to ask the voters to consider a Charter change that would up the two term
hmd I ree terms Cou;:c,I Member McCashn said and I'll forgo the unlimited. the no term !unit lo balance of
I ree term hrml
Councd Member Jefferson asked sod we pass tt, we can get 11 on the ballot automahcally and II Just needs to
pass by a ma1onty of the voters Is that correct? cny Attorney Brottman sald correct.
Council Member Moore asked 11 ,t was Just a majordy for a C:haner Change City Attorney Brotzman said
correct. Council Member Moore asked If 11 was an optron lo gel that done by lhrs November What 1,mefran,e
rould lhrs be put ,nto place?
Mayor Woodward sa,ct rt would be to Lou City Clerk Elhs said rrglll now, we have nothing gotng on the balk>C
In November 11 f OU wer.: ?n lhe ballot this November, we NOuld rncur the costs Just for that question The
deadfi ne we haa fnc th& ballot ques•tons wa're there now There'd be no referendum penod atter a ballot
question has pasH'1 I mean, we'd be squeezing 11 in, but ,l's doable
• Councrt Member Moore sale I'm 1.,e on ly one term t1mlted this next etechor,
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Council MembPr '·'enn said is 1~.1, • • , ' "•ty Clerk EP,s sa:J John ,s the only one who ,s term limited for the
2009 elect10n
Councli Member Moore said I kr,ow mt wife will gel angry If she sees this 011 lhe ballot th1s year Shes
akeady paid her dues Ifs JuSI a thought for vru. you can either try 10 rush it for th is year or cenainly work on
gelling It on the ballot for November 2009 The cnly person that would be ,mpacied, I beheve, would be me
and rm cena1nty wilhng 10 say that 1l't M t an •~soe for me, I'm not in a push to get this thing rushed thfQ\;gh
this year
Coonal Member Jefferson said just for clanfication purposes then, you ha·,e to mt two consecutive fuU terms to
be term limited? ts that correct? Council Member Moore saJd tt you get appointed or serve less than a
ma)Or,ty of a term Is t11al 1lght? C,ty Clerk Elhs said the 111!~ is that If you are appomted Of elected to fdl a
vae1ncy and eerve at least one-half o! a term of office , you would be co nsidered to h;ve served a full term in
that office This became effecttve November 5, 1991 Council Member Jefferson sa1d I'm sorry so that JUSI
said tt you fin more than one-half of a term, then rt counts as a full term City Cle rk Ellis said at least one-hall
of a term Council Me 11ber Moore said J,m, as an example, you were appointed and served a year or less
than two years 1n terms the Ma yor was ehgible to •un two hmes Council Member McCast,n sald when I ran, ,t
was a two year term . wh1Ch 1s considered a run four year term Council Member Moo re said you currently .
under the curren t term limit, cannot run fOf re-election Counc:tl Member McCSlihn said that's correct Mayor
Woodward said you have a total of six years Council Member Mccaslin said I'd be term limited
Council Member Moore sard the motron's there and I think whJt we're clarifying ,s whether Of not 11's a mohon
to get~ on th,s yea(s ballot Of not Council Member McCaslin said I'd hke to see II on th,s year s ballol I don't
know Is there anything we can do 10 help? Or ,s rt the money issue? City Clerk Eths sard ,rs go,ng to cost
us R,ght now we have no cost for elect<o ns this year, so ii wdl cost us Cvuncd Member Moore sald rou3h
numbers Lou? Crty Clerk EUis re-.!),:nded n wouldn't be TABOR , so I don't know, maybe $1 0,000 00 We
don't krow what the costs are g.:>1ng to be there are so many variables Councd Member McCashn said sod
we wart unbl next year, there won't be a cost. C,ty Clerk Elhs said well , we are pa~1c1pa1<ng anyway Council
Member Moore said far les, than •ncremental costs next year than tn do ,1 this year Council Member
Jefferson sa id assuming there are n ~re items on the ballot ne~I year? C1ly Clerk Ellis responded we have
Englewood City Cc,uncil July 7, 2008 Pago 22 Councd cand1da1es ne><t year, so we wdl be part1c1pat1ng next year anyway Counol r-:tmber Moore said F.nglewood 1s iusl not on the ballot this year City Clerk Ellis said 1t doesn t add that much to add a ques11on \/\/hat's going to add 10 the cost 1s 1r we have a TABOR issue next vear Tnat almost doubles our cost Council Member Jefferson sa id tha t makes sense I would probably support ho ldiag ort unlll next year Council Member Moore said you can still make a mo1 ,on you would clearly hke to get the item to the lorerronl Council Member McCashn said that's correct Council Member Moore said sc even 1r \'OU accept the cost issues and the other and s1111 push for 2009 , 1t still may be worthwhile to have the motion that puts 11 up for
consideration and yOJ can still push ror this year
Mayor Woodward said you could have the motlOO put up ror consideration 1n 2009 •
Counc,t Me,nber Moore said g,ven Che cost issues do you want lo push ror this year's ballot or 11017 Counal
Member McCashn said no Clly Clerk EN,s satd I have to 1en you for a Charter question. there are deadlines
I mean you can only do 11 so eally You're not g01n9 to be able to set n tonight Mayor Woodward said okay
City Clenc Ellis said ,n the State Statules. so many days after th,s Charter question ,s passed on final . I have to
hold an election So you are going to have to hold off on that until next spring, 1f you wanted to actually set the
question for the 2009 election But you can have the d1scussoo, you can say this Is your Intent. you can get
the PR out Council Member Moore said I'm sorry, can we state that Intent with a motion or does the mot,on
Itself formahze II too much? City Clerk Ellis said lhe lntenl Is to consider putting a Charter question on the
ballot .. Dan It thal correct? City Altorney 8rolzman said correct. City Clerk Ell is said to actuall y se1 l he
question slarts a ~mefram e and we'd be 1n a mess We'd have to go ahead and hold an election if you do this.
Mayor Woodward sa ,d so, with thal In m,ng, would y0Y like to wi\hdr~w the question and mark It down on you r
calendar to bnng up al.. Council Member McCashn said no. City Attorney Brotzman said let us do th,s Lei us
draft the Charter change We'll put 1t on the next agenda At the same time. we'll do a Council
Cornmun1Cat10n lhat explains the costs and all ol the timing mvo!ved You could simply not vote II 1n on the •
next agenda, If you so choose That way you have the quesLon before vou , you have all of the Information
spened out In front of you, and then you can make a more -nformed dec,s,on on d That wo:Jld be more helpful
than having the mobon be fore us It 1$ simply 10 put 1t on the agenda for you
Councd Member Moole said the other thing thal would support Withdrawing your mot,on, • IS Just we. as
Councd, don't normally put a mot,on 10 vote without any warning Council MembPI McCasl•n said okay
Council Member Moore said so I think you've Identified the des11e. Dan can prov,ce this other ,nformat,on and I
think yo1 re comfortable too 1n what you really want to do 1s to push It In November 2009 Council Member
McCash said right, so I would like to withdraw my Council Member Moore said referendum and then convert
It ,nto a e •1est for in formation Council Me mber McCashn sa ,d okay , that's what I want 10 do
(111) Council Member Wilson-
1 She said I went to the 4"' of July celebrat,on over al Belleview The park looks great the new
playground , the new structure It all looked very nice
2 She sa id I apprec.ate the WOO< Iha~ Mike, the FICe Chief and Torn. the P<,l,ce Ch,el did over the
weekend with the f•e and then With the pohce be,ng at the park. but being very low key and having a tow
p<Olite there. "'n,ch 1s the way they won. anyway
(IV) Council Member Jefferson s;,ld II Just second everybody's op111,on Great WOik on
lhe fireWO<k's show The,, were lots of fOlks there, all over, 11 really seemed h,e I showed up nght at t~e end
lhere when the fuework v.e :e going off It was lough to get ,n there and to find a spot to pul down my blanket
So kudos to everybody
13 City Manager's Repo rt
C11y Manager Sears sa,· we have a number ol ,terns that we need 10 go back to 11 Counc•I would con~1d~r
doing that The firsl one 1s lhe outdoo 1 sealing Counol Member Moore said Gary, ,f I may ask If we need to
get through each and every one ol these, we'll make lhe lime but certain ly to the extenl that these can be
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Englewood City Council July 7, 200B Page 23 deterred I know r n have a better brain ,dlN If it needs 10 be done. that's line r.1:v Manager Se3rs said 1 guess I think they can go relat ively rapidly of Council would consider those (a) Crty Manager Sears said I th,nk under lhe outooor sealing we 1ust nE&'<I S<>'l'IC d•ectoon from Coura so we can move on putting thos onto lhe next Councd Agenda There were two 0<c.,ances lhat were IOoked at I think our recommend1t10n os tc do mme lhc Denver. more comprehens ,e approach to thongs We didn't have that when we met last tome I ke, •w arcordor .; ,o Rock and our people, we'd loke 10
move, t thin, on u,at d11ect1on. because ot wou ld. I !honk ctea• ,,,e,ythong up and not 1us1 make seallng and
then furniture, outd oor raohngs, a.id everything else sepJ•ato '.,•. of that os the direcbon that the Council would
hke to move on, we could bnng that ordinance b..clc at the,~.-. ,neetmg on the 21•
Counc,I Member M00<e said so cianfy 101 me, I lh:nk as I was IOOklr,g JI this. I !honk you're recommerldong what
proves to be a much shorter change Right? Far less. and I'm so, f I didn't catch all of the differences The
ma,n thrng Is leaving much more discretion with the City Mana~or A, of those thongs we had laid oul ,n the
other vers10n, how are they being addressed here? City Attom9y Brotzman said the ordinance Is much
shorter The rules and regulotoons that are 90,ng 10 be taken lrom Denver are by tar more comprehen~ive on
what furn,ture os going to be allowed You're not JUSI dealing w,tn eabng establshments now You're dealing
with everything lhat s going 10 go on lhe sidewalk You have thongs corrnn, up from the BID. such as planters
Those v.1II be on the regulations lhat are being drafted by the depar1 ,nent. Council Member Moore said okay
We had talked about going as far as fencing materia ls and Whether lhal's removable or not. and those types of
thongs City Attorney Brotzman said those Items will be covered In \he 1111es and regu lations Council Member
Moore said the rules and regulations He said I'm sorry Council does'" rioes not approve the rules and
regulatoons? n,at r an adm,n1Stratove functoon. :ight? Coty Attorney Brotzman said that's admonistratJve
Council Memb<:.~ Wilson said so before we were just going to do restaurants and that's all that we were going
to talk about City Attorney Brotzman said and now you are dealing with, Instead ?f !he :!em, Ir.stead or a
res taurant. you·re dealing with furniture on sidewalks So. It's sort of a philosoph1cal •:hange Mayor
Woodward said you're not dealing with any lyPE' of spe~lfoc bus,ness; you're dcahng with all businesses Coty
Attorney Brottman said your ~allng with what's in the nght-of-way Council Member Jefferson said so
instead of wnw,g one spec,foc to what the restaurants are dolng, we want 10 wnte one thal's spec,fic to all of
the right-cl-ways ,n that area, that olher types of retail businesses could have Coty Attome1 Brotzman s31d
correct Council Member Moore said so Dan, In essence, the more detailed one that we wero looking at,
maybe becom es somewhat of a starting po•nt for lhe rules and regulaUons C11y Attorney Brotzman said
correct Council Member Moore said so to the extent that we want to see specifics about fenc,ng material,
again, staff would put rt tnto the rules and regutat10ns then Councol would 1usl be. essenbahy. :avong that
detail to staff and JUSt sett,ng up a much broader 11 IS lnle«:$Ong and comprehenstve. but a far less detailed
approach to this
Councll Member Jefferson said I'm sorry , JUSI for clanricatI0~ so ther, that wou ld leave a lot ol those spec,focs
of how tall this could be . what color th<S has to be, to be hindk-d adrrnnostrat1vely? Coty Attorner Brotzman
said correct Council Member Jefferson said and so then ,s there on adrrrn1straUve court 0/ something thal's
going to hear like a Vl04at1011? Council Member MoO/e asked If rt would ccme back to Councd for appeal Coty
Attorney B•otzman said I beheve, yes The apreat 1s back 10 Council May0< WOOdward ,;aid any appeals
rr0111 staff, den,al of an encroachment. shall be made to the Coty Councd That's from staff City l\ttorney
Brotzman said ot would come back to Council on those Council Member Moure said it was the other
ordinance thal explicitly said go back to City Council . that appeals from stall denials would go to Coty Council
I don't &ee any s1m1tar thong ,n the Danver version I might be mIss,ng ol It's D Appeals from staff dental of
aon encroachment shall be made to Cdy Council Now. t guess. poclong up from whal Joe said, goes beyond
the permrt Whal about the regulatoons? : guess t~at Is cena,nly one way to Charactenze that 11 1s 1ust lo<e any
other rule CouncR doesn't normally get Involved 1n the enforcement or other rules and regutat10ns Council
Member Jefferson said normally we write all ,)f the rules, ar.d th~t's why It was kond of an agency thing. right?
Where you would have to ~ave oome sort of agency, hear,ng these kinds of disputes
Council Member Wilson sa,d do we pe<ce1ve any kind of p,ootems with what lhe BID wants lo do? Coty
Atto<nl'V Brotzman said Oil and 1n tact. one of the thongs tnat Pubbc Works was looking at IS com,ng 1, 1 heels
of all the restaurants ~m 90mg to be requests for pl anters And our prot-lem ,s !hat we're try,ng not to draw
Englewood City Council July 7, 2008 Page 24 out the process Planters are nol currenlly covered . so we'd t •ve 10 come back to Councll anyway And staffs recommendation 1s rather than taking this 1r1 bits and pieces . let us do furniture and wnte regulahons Council Member W1l.on sa,d okay Ma101 WOodWard said the def,n~,on street fum•lllre IS defined as any appune,,ances placed ., the public right-of-way So. you·ve C'lvered bike racks plants an of these d1ffere•. •ems Just by that one simple defin,t,on ti also addresses owner or occupant where the other one iu;t addressed the owner
C1Iy Manager Sears said that one 1s a hcense An approach for that would be to have a license for that, a
revocable license. under the proposed sholter vers,on
Council Member Moore said Im okay w,th th,s recommendation I would e<pecl 10 see Co1111cU's 1npu1 sough!
at a Study Session on what rules and r1!9ula1tons may develop, because I think a IOt of great concerns were
brought up ,n our d1scuss10n. but as long ae there Is good opportumty for Input In the drafting of those
admmlstrabve rules. I'm okay w,th this proceeding with t~ls less ~peclfic approach
Counal Member Jefferson said I am too arid my only concern ,s. hke I said, deal,ng With what IS or IS not Wllh1n
the rules 1n the future
Mayor Woodward said okay, what 11 at our naxt Study Session we bnng this oack? Alan, can you have rules
and regs put toget~er? Director White said I think so Mayor Woodward said or by the 21' Study Session.
because that's when it was going to come to Council wnen ,t was scheduled to come as an ordinance
City Attorney Brotzman said the nice pan that I have ,s that the ordinance ts now don& The hard part IS Alan
has to Denver ,s ~y far more encompassing on whal they have done In their hIm11l•re. 1: covers s,gnage II
covers a whole bunch or things . So. one of the things staff, meaning CO and Public V:?rkS, are going to hav~
to do Is strip out all :>f the slgnage m those Issues from the Denver ord1na11ce that kind of nave that as a
starting potnL t d say prooably the 21 • ,s more realistic Mayor Wocldward sa,d yeah , that's what I meant
Bring II for the 21• because we can doscuss this
Council Member M001r \Sid and ,sn't rt also acceptabl., d we enter this. d we get the ordinance m place and
we get rules that W<>rk O .,, lhls yea,. or maybe for the targeted sItuaIIons. knowing those rules both gel
expanded and maybe refined over the course of the next year Bui sMI go ,n and say, there are cena ,n ,
maybe even m'lfe hbera l guidance. that facilitates action Immediately this year as long as all panles
understarld I mean this Is the beauty of thts nght' 11,s our unilateral nghl lhe C1Iy·s unilateral nghl 10
change these pennrts City Attorney Brollman said that ,s correct So. Mr Moore said, d we stan off by
saying do some ktrld of fence and later say do a green fence, so be ,t Mr Brotzman said correct Mr Moo.e
sa,o I don't lh,nk we have to have every nudnce figured oul All of these things we can focus on foc-15 on the
restaurants, If those are anxloc. to get going this season, help that group along
Mayor Woooward said reahslai'y. ,1 will not. If 11 goes through two readings and 30 days. ,rs Septr.mber 21
don't know how much arybody's gomg • .> do, 1:speaally w,th the paseo under construct.on nght there Bu'
b ke racks and things hke that cenamly could be put In place Ordenng of planters and that SOIi ol thtng
C11y Manager Sears sJ1d we'll pu• that together for the 21•, wllh the regs In tho bes: manner that v.e .:an and
cor " back to yr,u, 1f !hat's okay w•lh the Council?
:OUnCII Member Moore said t m sorry Wilt this be on the regular agenda? Wtll the o,dinance be on the
agenda 101 the 21"" C,ty Allornet Brotzman said yes Coun.:11 Member Moore said we were talKtng about the
Stucy Session C,ty Allcmey Brotzman sa,,' and attached wl:h that WIii be dran regulabons Counctl II.ember
Moote bald b11I the ordinance w,11 be on the formal agenda7 City Altomey Brotzman said correct
lb) C,ty Manager Sears said the oU,er nems. this Is JUSI for informauoo ard I gue•s a comment by
Counal II s ~ nd of an internal char.ge This ,s w,th our Polt".e Department Unfortunately T"" !1rtcheil wil be
ret111ng Gnoa for him t ,e asked Chief Vandermee 10 pul t('9Cthl:r ,nformatJon about personr,tl change~ as a
resull of that Get1•119 to support lne SRO Tom, 11 you d l,ke lo make IusI a cou, e of comP1en1s abou• th<S II
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Englewood City Council July 7, 2008 Page 25 ,s budgeted This ,s adm1nis1ra11ve and lh1s ,s an area where we were 90,ng to ma~e a change and we wanted to aten Counal o! 111,s Police Chief Vande rmee sa,d recognizing Councils interest ,n ma1ntain1ng the SRO program as 11 was communicated last year during the budget Sf'SS10n, we have since then ma,nta,ned two part 11me pos1t1ons as School Resource Officers Tim Mitchell being one and Don Mclennan being the other Wilh Mitchell's announced reuremenl. what we are requesung to do. w,thin ex1sbng budget dollars 1s expand the SRO
p,ogram to one lull t,me police officer and ma1ntam1ng Mclennan, albeit al about haij or what hes doing now
Hes a hall-t,me an officer now, so he'd be a quarter-time officer That would give us extended hows ror SRO
duties, plus put that in a pos,bon of us,ng much more expenerw;ed police officers II would be posted as a
speoal assignment lo ex1s1Jng personnel, who would fill that role then with a Class I pol ice oflicer Somebody
who has experrence, who wants that position and lhen h•·e a recruit officer to 1111 that void on the patrol
Ouest10ns?
Council Member Jefferson said what does the SRO do again? Chief VanderMee sa ,1 the School Resource
Officers I'm SOffY They are ,n essence responSJble for mainta,nm; the liaison between the Police
Oepartmdnl, the communities surroundrng the schools and the schools themselves, as well as the students
They~.~ the face of the Police Departmenl Anythmg that occurs ,n the neighborhoods surrounding the
schools whether d's a neighborhood problem or a restdeni who has problems with students lo1te11ng or
whatever ... lnteract,ng with the students at the middle school and at the high school. So, they are the direGI
liaison between Police Department and the School District dnd the students
Mayor Woodward said they actually spend 1,me at the schools
Chief Vandermee said most of the other schools d,s:nct. fund a larg~ part of this effort and our school
resource program 1s in o ur budget I think between Mitchell and McLennan, they've done an excellent job of
attendl,ig to the needs of the schools. particularly the middle school and the high school and the altemat,ve
h,gh school
City Manager Sears saKI well because of our relabonSh1p wtth the schoo4s. and the fact that you may hear
about thtS change, we Just wanted lo tel you know because the schools are absolutely Important 10 us to
maintain a lace and we'll keep you informed as we go through the selection process to put somebody Into this
posrt1011 Again. we wanted to let you know and If anybody has any questoons, please let me know
afterward or Tom
(c) Coty Manager Sears said the second item is in regards to sales tax. Again, you have the letter
from Frank Gryglewicz, to the County Smee It ,s going lo the County and 11 ,s our reeling that this is a policy
that we should not participate In. I thought that I'd let you be aware or that Frank, 1s there .~yth1ng you can
add ab0u1 the letter and the reason why we've taken that direct,on?
Director Gryglew,cz said this is kllld of an unusual requesl actuaUy If you look al the s..wnd paragraph tr. the
letter from Nanry Doty, 11 actually does say that we're going lo lose money and generally we re opposed to
that What happens In th is ,s ii som.one would go up to Wyoming or some other state and say they paid one-
hall 2 percent sates tax up there on a vehicle. they could come back here and get ,t focensed and not have to
make up the add1t10nal 3%, as they do now. It's not so much reclproc,ty, as 1I 1s sates tax forgiveness. And so
I had Just drafted the letter and gave It to Gary stating that I didn't think it was In the best interest or the City al
this ttme I think its more of an adminlslrabVe issue with them, that they don't want to go through collecting the
tax and remitting ,t lo us I just think, at th ,s hme. lorg1v 1ng any reve nues. just because someone goes to
another state is probably not In the best Interest of the Cit~
Council Member Moore said I'm sorry Frank. Can you cta nfy the difference between an Englewood cot,zen
buying 11 ,n Longmont versus buying it In Wyoming? I'm mtss,ng the detail about how those two transact10ns
would wor1< t'lrector GryglewlcZ said 11 you bought 11 outside of the City, but when you came 10 regtSter 11, you
would I ave 10 pay the sales tax , the 3 5% to Englewood But In th,s scenano. If you went to another s'Jte and
bought ii you v.ouldn't h3ve lo do that and you could pay as lltlle as say you patd 1% there when you
regtStered n. you would "'' have to make up that 2 5% to the c,ty or Englewood Council Member Moore said
Englewood City Council July 7, 2008 Page 26 111 buying 11 on Longmonl I guess the other d11ference Is In the Wyoming s,tuatt0n. you're paying sales tax to Wyom,ng 01 the City o, whatever hypC)lhehcal It IS If you buy 11 in LongmonI you don't pay Longmonl sales lax because you wolf be paying Englewood's sales lax Right? Otrector Gryglew,cz said COtTecL Council Member Moore said I don I see why we would reward Mayor Woodward said espec,al!y when rt gets 111to rec,ea11onal vehicles. there was a big thing about lhal where people were buying recreational veh,cles In Montana because lhere was no lax and bonging rl back lo Colorado ant! you know, I don I know why we would be paying somebody to b uf the,r vehicles out of stale I suppof1 lhe lener
City Manager Sears said we'll send lhal off Just., case there's any rel)e{cuss10n, I lhoughl Council should be
a vare of lhat
(d) C11y Manager Sears said Seplember 20"' I think everybody was ,n agreement that we do 1he
workshop on lhat day and lhere is no problem from lhe slafl side. so lhal will be lhe officlal date And lhen I
did Include In the packel a ltsl or my performance guidelI,es, the main issues that I've been involved wilh and
a !Isl of Items tha t was m the newsletter of areas I th,nk slaff and myself will be primarily working on for lh,s
next year So, 1f you have any comments or questions about whe1 e I've been focusing my time and attention
and where I'd like to move to, I'd appreciate any feedback from Council.
14. City Attorney's Repo ,'
City Attorney Brotzman did not have any mailers to bring before Council.
15. Adjournment
ODWARO MOVED TO ADJOUR~ The meeang adjourned?' 9 57 pm.
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Page I of I Lou Ellis From: Leigh Ann Hoffhines Sent: M011day, July 21, 2008 3 66 PM To: Tom Vandermee, Lou Ellis Cc: Sam Watson , Jim Woodward Home Account, Gary Sears, Da n Brotzman Subject : out-of-order unscheduled visitor
Wanted to let you know that Peg LaPlante from Englewood Schools would like to say a (ew words
at this evening's Councll meeting during the recognition or Offteer Mitchell. I 've spoken w/ the
Mayor about it and he plans to call her up right after Chief Vandermee does the presentation.
(before the next scheduled speaker, Mr. Caseboft.)
Thanks, LA
Leigh AM Hofflllnes
Communications Coord1nat«
utyotEng-
1000 Eng lewood Parkway &IQ-. CO 80110
303-762 2316
-..... ongl<woodgoy .0<9
7121/2008
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• C T y 0 F E G L E w 0 0 D C 0 M ... , u N I T y D E E l 0 p E ,-..; T April-I. ?008 Ms . Kathleen McCo,\Jn 2909 South Ogden Streer Englewood , CO 80 11 J
DPar Ms . McGowan,
This letter Is in response 10 you r fetter dated March JI, 2008 concerning the subdivision of
2919 South Clgden Street. Your question was how this subdivision could be approved if the
fot width in the R-1-C zone district Is required to be SO feet. Mr. Curnow's property
measures approximate! 96 feet , resulting in two lots each with a width of approximately 48 feet If subdivided .
In August of 2006 the Issue of Insufficient for width was disc ussed with City Council at a study
session. Council directed staff to prepare an administrative development policy allowing the
subdivision of P,arcels In the R-1 zone districts provided that the newly created lots are no
more than five percent (5%) smaller than the zone district minimum lot width requirement .
Creation of this policy meant that parcels In the R-1-C zone district could be subdivided if the resulting lots had at least 47.5 feet of frontage .
It was this policy under which Mr. Curnow's request was prepared, submitted, and reviewed.
Because the resulting lots a re ~thin the limitations set out by the policy, I have approved the <ubdivision .
However, the submission of your letter can be considered an appeal of my decision to
approve the subdivision . Whal th is means is that approval of the subdivision can be appealed
to the Boc1rd of Adjustments and Appeals if you file the appropriate application with the
Department. The application must be filed within 30 days from March 18 . Please contdct
Brook Bell of this Department at 303-762-23-16 for more information on the appeal process .
Jla:r'ik
Alan White, AICP
Community Development Director
cc: Cary Sears, City Manager
Dan Brotzman, City Allorney
Mayor and City Counci l
1000 Englewood Pd r~wdy Englewood, Colo,~do 60110 PHO 'E J0 J -76 2-!Hl FAX 303 763 6895
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1. Call to Order
CITY OF ENGLEWOOD BOARD OF ADJUSTMENT AND APPEALS MINUTES MAY 14, 2008
The regular meeting of the Englewriod Board of Adjustment and Appeals was called 10
order at 7:00 p.m. in the Englewood City Counci l Chambers, Chair Smilh presiding.
2. Roll Call
Present: John Smith Ill, Marcia O'Brie n, Douglas Coh n, Carson Green, Sue Purdy, David
Sprecace, Nancy Reid (Not voting), Brook Bell (Not voting).
Absent/Excused: Miodrag Budisa.
• Chair Smith stated !here were six members present; therefore, four affirmative votes are
required to grant a variance or appeal.
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Chair Smith statec' that the Board of Adjustment and Appeals is empowered to grant or
deny appeals by ,•art Ill, Section 60 of the Engie .vood City Charter. The decision of the
Board shall be final, subject only to judicial review.
Chair Smith set forth parameters for the hearing. The case will be introduced; applicants
will present their request and reasons the case should be granted; proponents will be given
an opportunity to speak; opponents will address the Boa,d; and then staff will address the
Board. Staff will give a preliminary overview of the case before testimony is taken.
J. Public Hearing
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Ca se #YA~2008-0Q02
Kathleen McGowan
2919 South Ogden S1ree1
Chair Smith stated he had proof or publ icat ion. He introduced the case by sta ting it is an
appea l lo the decisio n or th e Communi ty Devtlopmen t Direc tor to appr ove a property
subdivision (S UB2008 ·00J) resulti ng In two properties, each wi1h 46.23 feet or lot width in
an R-1-C zone dis trict.
Brook Bell, P ,inner -,as sworn In. Mr. Bell provided a brief sum m.iry of the property and the zoning. Kathleen McGowan, 2909 South Ogden Stree~ was sworn in. She is requesting tl,e Board to reverse the decision of the Community Deve lopment Director approving the subdivision
of 29 19 South Ogden, resu lting In two properties 48 feel in width . She represents 46
neighbors who submilled a letter of opposition, dated March 31, to the Community
De~elopment Director and City Council.
The Unified Development Code (UDC) states that R· 1 ·C lots should be 50 feet wide. R· 1.C
is defined as small lots, single residential dwellinss. Per Table 16-6-1.1 Summary of
Dimensional RPquiremt:nts, the minimum lot for R• l ·C is 6,000 square feet with a
minimum width of 50 feel. The UDC directs that all subdivisions meet the zone district
dimensional standards. Title 16-2-11 :F3, 6 Minor Subdivision Criteria requires:
"Conformance with all applicable use, deve lopmen t and design standards set forth in
this Tille.
The action may nol create any nonconformity, or increase the degree of
nonconformity, of any existing structure, lot or use.•
Tille 16·8·4 directs that the standards should be upheld: "No subdivision shall be approved
unless it complies with all the following standards and criteria, including in Part 2
Compliance with Other Provisions of this Title:
All subdivisions shall comply w ith all other applicab le zoning. design, and
development regulations set forth in this Title including ..• the general applicable
development standards."
The standard, therefore, should be upheld.
Community Development approved the subdivision based on a development policy dated
August 2006. It is her understandmg that the Board is to base Its decision pursuant to the
same criteria as used by the decision maker, based on Title 16-2-18:R. Ms. McGowan
continued by questioning the validity of the criteria used by Community Development The
poli cy was based on a study session discussi on. She asked if study session consti tu ted
Code; have other subdivisions occurred under the deve lopment policy. She found no
reference to the development policy in the 300 pages of the UDC. She asked if the policy
was contained in the UDC. She found no amendments, exemptions, exceptions, or
addendums to the UDC containing the development policy. She asked if the policy was
ever codified. Alan White, Director of Community Development, told her that he would
have expected a Code change to follow such a study session; it never did.
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Cha,r Sm,1h darii,ed lhf' Board'~ role The BoJrd b no1 empo" ered 10 ove11urn lhe politics or lhe Ordrnancc~ The Board mu,1 presume II.I!) are, ahd. If the case were berng hearJ ,n a cour1 of 1.m. ,t might be d1lleren1 Again, 1he Board does not ha, e th e po" er to dccl.ue someth•ng u.-.con~111u11onal or illegal, the~ can onl\ revil!\, the achon of Cur staff.
M s. McGo" an questioned\\ hether the Board could val idate if criteria is part of Code.
Chair Smith responded they could not Ms McGowa n slated she" ill continue and address
the other issues; ho" e,er, she questions the legi timacy of the criteria .
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The development policy is in fact a loophole for developers, allowing a variance in lot
width, which sidesteps the process. This effectively removed the neighborhood posting and
notification process, exempting th em from any input. Tht loophole allows developers 10
create nonconforming. substandard lots. The development criteria used by Community
Development Is flawed. It was a study session, not Code. The development policy la cks
legitimacy; and therefore, any decision based upon the policy should be invalid. While she
disputes the legitimacy of th e development policy as Code, she will address the criteria
used to subdivide the property by Community Development.
The development policy decision sta tes :
''R 1 zones may br subdivided Into new lots provided that:
1. The width of any new lot is no more than 5% less than the zone district minimum
lot width requirement; and
2. The new lots created in the subdivision shall be consistent with the 'average '
width of other lots on the sa me block-face. The Director of Community
Development shall determine the average lot ,, idth. •
This criteria is the same whether the property is located in R-1 ·A, which requires 75 feet of
lot frontage, R-l•B, 60 feet, or R-l•C,50 feet She asked if the policy was really intended for
"A" or •s• zones. The R-1-C-zone district already has the smallest lots; does it make sense
to make the lots small er e, en if it is only by 5%. This is relevant because of the impact 1he
narrowness of lot has upon the character or the neighborhood, especially regarding garages
protruding from 1he lot. The current property does meet the criteria for subdividing ,vithin
5%.
The second criteria requi res that II be consistenl with the lot average on 1he sam l block-
face. She does not believe ii meets this requirement. The overview pholo provided by Ci1y
staff shows how the lots are laid out.
o 2901 South Ogden, while shown offset, i\ 50 ree l wide, 145 feet In depth.
o 2909 South Ogden is 55 feel wide, also 145 reel in depth.
o 2911 South Ogden is 60 feet w ide
o 2915 South Ogden Is 50 feet wide
o 291 9 South Ogdt•n t~b1ec1 prOJ.-,,,rl) I i~% tec1 \\ide c 2929 Sou lh Ogde n is 145 feel ,~idl' o 29; 5 South Ogd en 1s 50 fe et wid e o 298: Sc•u th Ogdt•n K 50 ft!el "ide o 29<!5 Soulh Ogdrn is ~ll feel; however, in realitv when 11 i, mea,ured our. 11 i, \\ldl'f lh,ln 40 fc'i.•l
The staff repo rt a,erage, while true, was ma thcmaticall1• fabric a ted to jusufy the subdivision
Only o ne lot on the bloc!.. ~ less than 50 feet ,n width; the other 8 are noL Bo th criteria,
within 5% and an average width, must be met; not just the 5% ,ule.
The staff report states that l> a resdt of the Land Development Application and the
Development Review Team (ORT) ·eport several conditions \\ere met by the applicant
The first critena was demolition. Ms. McGowa n stated th at the house would need to be
de molished; otherwise, the sub<f" ision would include part of the house on each loL She
questioned what other conditic11s were meL A subdivision is not fin,J until it is approved
by the City Attorney and recorded wi th Arapahoe County.
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The staff report indicates that the property is 96 feet in width and is not typical. Many lots
on thr block and throughout Englewood are not in 25 foot ina.:menlS. The minimum lot •
area needed in R-1.C is 6,000 squa re fee t. The analysis states that the subdivisio n would
create two lots of 6,990 square feet each, the residen tial use would not r.hange, and the
dimensional requirements still apply -setbacks and height restrictions. She questioned why
the lot minimum width wouldn't apply. Staff also addresses that the development policy
creates a 5% reduction; this is in fact met by the subdivision. The policy also requires
consistency with lot average. The Director is able to determine the average; however, she
believes ii should be based on sound mathemati ca l principles. Only one existing lot on the
same block-face is less than SO feet. She questioned how creating two more lots less than
SO feet be consistent with the average. To state that 90o/a of the lots, induding thP
subdivision, are 40-60 feel, while true, serves o ~ly to skirt the issue. The Director's avera~e
is only true after includ,ng the subdl\i ded property. She believes the average should be
based o n 1:1e exisung lots . Perhaps the intention of the criteria was to allow subdivisior,s 1.1
R-1 ·A"' he re a 73 foot lo t might be consistent with the block-face. It would be difficult to
find any bloc~ within the R-1-C zone district where the a,erage width is less than SO feet.
Ms McGowan testified that she believes the true average on the block.face is 50-60 feet;
six lots meet that criteria. One lot has a width less tha n 50 feet, and the other two are %
and 145 feet
The last criteria in the staff report states that lots l'.!ss th an SO feet wide do exist in R-1.C;
t~.'s is true; but larger lot widths also exist With R-1-C already having the smallest widths,
she questioned whether developmen t should con tinue reducing the size of the lots . She •
believes Community Development is trying to deal with an onslaught or development. She
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does nol oppose developmenl; the neighborhood \\Ould be happ\ to ha\e one ne\, hou,e on the subjec t proper!\ The UDC seeks to pro\ide for de1c>lopn1ent consis1en1 \\1th 1he overall in 1egrity and charac1er of the neighborhood. To allow lhe subdl\i;ior, onl\ benefits the de"eloper; pro!lt is the only mo1ive 10 subdivide 1he !Cl A subdi\ ision \\ill lead 10 lwo large house, on sma ll lots "ilh garages protruding m front uf the houses. Th,s is also nol consistent with the UDC. Tille 16-6-10:S(a) regarding garages and parking slruclures slales
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"The presence of open lawn and landscaped fronl yards throughout the Cily's
residential districts is a strong character-defining feature of these neighborhoods.
These front ya rd~ provide a soft-edged buffer between lhe street and the homes, and
their consistent appearance creales a uniform, inviting appea rance along the street.
As re investment occurs, the open character of lhe front yard area should be
preserved . Paving and other hard ma teria ls, in excess, can detract from this
appearance and should be limited 10 lhe narrow driveways and walkways as
traditionally fo un d."
In regard to garage place ment, Ti tl e 16-6-1 0:6(a) states :
"localing the garage to lhe rear or side of the home, as is typical in many parts of
the City's residential districts, allows the architectural details of the home a nd fr ont
yard to define lhe character of the street Recent residential development has
introduced designs where ga rages, and often driveways, domi nate the pu blic street.
To protect the established character in many residential neighborhoods, garage
placement and scale shou ld be carefully co nsidered to min imize th e visual impacts
upon the street and surrounding development•
Ms. McGowan continued; the only way lo put garages on these properties will be to have
large pro truding garages in the front. She believes the character of the neighborhood is
being destroyed by these large protruding garages. She submiued pho tos of the
neighbo rhood . She sta ted the photos show large lawns and landscaping in lhe front;
protruding garages are nol consistent with the neighborhood.
Regarding the letter from the Borchardts whic h was in cluded in the packet, 1h~y indicate
they have alreadi purchased the property She holds nothing against them, wishes they
could be present, and wo uld welco me them inl o lhe neighborhood if they were building
one house on the exisll n3 pro perty.
The subdivisi•Jn is not final until full approval and until it has been recorded wi1'1 Arapahoe
County; ,~.crefo re, she q uestions the validity and legality of having dosed on a purchase.
She cannot imagine any title company would allowing the sale and dosing until completion
of the subdivision proces
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One or llw i>sues the B01chard1s bung up is that th e plans Include a side-load garage This 1, ,I,ll ,1 l,11ge garage protruding in front of the house The garage and dri\eway would lea,e almo,1 no l,wvn or l,1ndscaping, which is uncharac teristic or the neighborhood, and which is shm\ n on the submincd plans. The leuer also addresses thJt the two ne\, lots would be 48 H feel in width, "h1d1 is wide, than 2995 South Ogden. That property is actuc1lly 45 feet, rathr;r rhan 40 feet. and the onl} 101 on the blod less than 50 leet It addresses that
the new lo,, would be approximately 6,900 square' f~et ,n area. TI1e Borthardrs ond,care
lh~I is larger than frve lots on the block; Ms. McGowan does not IJelieve this lo be lruc.
Both 2901 and 2909 a,e larger. This Is not the overriding criteria lor d1vis1on. To meet lot
area minimum does not nullify the minimum lot width requirement. The 48 feet frontage
would not be consistent with other lots.
In summary, Ms. McGowan testified that the Community Development Director should
have followed and applied the UDC. The UDC repeatedly di rects compliance with
dimensional standards. The development policy is just a study session. There was no UDC
change; there are no exceptions, exemptions, or amendments. There is no reference to the
development po licy in the UDC. Th e development policy Is not legitimate; and therefore, a
decision based on it should be nullified. Ms. McGowan believes the policy is a loopl-ole
that creates a .variance w11hout due process. If the Boa rd accepts the developmen t policy
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standards, two criter ia must be met. She does not believe the average lot width criteria was •
met. She as~ed the Board to reverse the subdivision. Forty•six people si gned a lener in
oppos ition. She be lieves th e development policy has worked this process; granting a
variance without public notification. No sign was posted on the property. She believes the
process is backwards and upside down. She and the neighbors were forced to attend a
meeting to repeal the decision. Community Development is making the case for the
developer. She believes Mr. Curnow sho uld be before the Board seeking a variance. The
neighbors have to bear the burden of proof In the case and convince the Board to reverse
the dechion. Shebeli< ves Community Development shou ld be standing up for th e UDC.
She as ked someone on the Board, Community Development, or Ci ty Council to step up
and address the issue of the development policy. The Board stated it was not Its place to
deal with the issue; she sta ted someone needs to deal with it. She reiterated her desire for
the BoJrd to reverse the decision and that somebody deal with the devel opment policy.
Marcia O'Brien stated she would go through a quick analysis and would then ask M s.
McGowan whether or not she agrees. Then, she hopes to ask the decision maker if he
agrees: however, she didn't see him m the audience so hopefully someone will )pEak for
him. Ms. O'Brien stated she wou ld not address the validity of the policy; she Is assuming it
is in full force and effect. The second point of the policy decision states:
"The new lots created in the subdivision shall be consistent with the 'average' width
or the other lots on the same block-face. •
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Sh agrt·•·' 1111 h lht.> ~!Jfi n,po ri page 3 Iha! !ht> 1, e<I sidl• oi the ~900 bloc J.. c,/ Sou1h Ogden he u r-cl lo nlculat th1• 101 a, er age. r.. I o ·eri~o char.1ct rizl'd 1aff math as ·, oodvo math." ChJrr Sm :th lnlt!rfetll!d that II se med o\l s. 0 Brien 1,as gelling into argumeoi or Roard d,scu. ron, rather than askrng a question .
Is. O'Bn n proce d d; she added up the other lots on the block; she then d1v1ded ii by
th e number of oth r addre ses on the bl od , which are 8 if lhe subiecl proper!}' is e eluded .
Her figure for lhe average i 62.5 feel for the average widlh . Mr. Curnow is seeking 48 .23
lc:el; her delerminatron 1s based on whether or no1 that is consislenl with an average of
62 .5 feel. Ms , O'Brien asJ..ed i( r,,h McGowan disagreed with tha1 analysis .
Ms . McGowan respo nd ed; she would all 1ha1 "creative mathematics • to say that 48 fee l is
consisten t with 62.5 feet. Ms. O'Brien stat ed she didn't say whether or no 1 it was
co nsis tent. Ms . McGowan slated she doe s no l bel ieve 48.23 feel is consis 1e n1 wilh 62 .S
feet. Ms. O'Brien asked If she disagreed wi th he r anal ys is of determining lhe ave rage 101
wid th. Ms . McGowan staled there are many ways lo produ ce an analysis , and doesn't
disagree thal the ana lysis is corr CL
John Smith asked how 1he subd ivision impac ted Ms. Mc•~owan, other than 1he aesthetics ,
Ms. McGowan responded that it Is no t consistent with the remainder of the homes on the
block . II will change the character of the neighborhood. The submitted photograph shows
large lots . Chair Smith slated one photograph was submitted which shows a vacant lot. He
drove down the street; the re are a number ol lots that are appro,cimately 50 feet wide .
There are a couple of new houses being block on lhe ne,ct block. Chair Smith reitera ted his
ques1ion : How does the subdivision impact her? He asked if ii restricted any use of her
property . M .. McGowan staled it does nol.
Chair Smuh asked if it impacted her property value. Ms . McGowan responded lhat ii very
\1ell might and it might drive her and others in lhe neighborhood, who have been invested
rn the neighborhood for a very long time, out of the neighborhood. Cha ir Smith asked
wh e ther two nice homes in the neighborhood might also increase her propert y value. Ms .
McGowan responded 1hat she believes one nice house on one large lot would increas her
property I alue. The n ig hborhood would be faced with having their lots shaded by the
garage~ and two-story hr:..,e Chair Smith asked Ms. McGowan ii she 1h ou1,PI a vacant 101
was consisten t with th ~ neighborho o, and was helping her property value . M,. McGowan
stat ed 1ha1 the vacar.• 101 i nol help ing . The vacant 101 has been abso lute ly disJ~trous since
Mr . Curno\\ bought 11, al whrch ,mint he demolished lhe slruct.ure and dumped lruckl oads
of dirl on 1he prop•my . Chair Smith sta led th at has nothing to do with lhe cur rent case.
Ms . McGowan p-:..inled out lhal he was th e one who brought up the vaca nt 101 . Chair
Smith responded tha1 was in regard to properly values. Chair Smith asked her if the
subdivi Ion restr icted an · use of her property . Ms . McGowan slated ii did not
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Ch,11r Smith ,lJled the only way she is aggrie11,d Is that there are 1wo lots sltgh1I, smallt>r 1h,10 lhe othl•r lots on lhe block. Cha,r Smilh slated if he throws oul lhe h1(lh anu thl· Im,, he ,trrivn dl appro,imately 54 iee1 H~ doesn·t necessarily kn:.," ,,hat "consistent• meJn~ eillwr, bul II i< nol '1(, feel on the average. O, e lot is 145 feel wicle. Ms. MtGowan staled she doesn'I b~lie,e il i< consislen l 10 create I\\U lots 1ha1 are sm ,,::c, than th e average
Chair Smith ,1sked ,r there was any other way she was dar,,•i;f'd . Ms. M.::Gowa n replied she
was not.
Ms. O'Br ie n clarified the Board is to pla ce themselves in the position of the decision maker
Chair Smith stated that was correct.
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Stephanie Schmid~ 2924 South Ogden, was sworn in. Ms. Schmidt tes t.ified she lives
across the stree t from the proposed subdivision . She w .. s in fro nt of the Board
approxi mately two yea rs ago seeking a var iance. She bui lt ,1 garage on the re a, of her
pro pe rty and it was 3 fee l to o clo se to 1he alley. She was tolJ when she met with City staff
that "No p roblem, done deal. The variance will be fine." She presen ted her case to the
Board and ii was denied She was shocki!d beyond belief. The builder had to move the
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garage in 4 feet. She told the Board how happy she is with that decision . If her garage had •
stayed in pla ce, she would not be able 10 back out o f it and would hit the neighbor's fence .
The Board made a good decision in that case.
She has lived in Englewood 15 yea rs. For her variance case, she was requi,ed to place a
huge sign in her front yard, no tifying all th e neighbo rs that they had a righ t to come appea l
he r req uest for a varia nce. Only one person objecte d lo the va riance. The Board indicated
at th e hearing that the one o bjection was enough to make a decision because people
around her didn't agree with the variance and the Board had to stick to the zoning
restrict io ns. She asked the Board 10 do lhe same thing for the subdivision because ii will
affect the neighborhood. The two houses that were built down the block are ugly; they are
not appealing; they "'ill not increase the property values; and they will not do anything for
the neighborhood .
The neigh borhood is very cl ose. Th ey get toge ther socially and are inves ted in their
properties. Even though the bu ilder, nor 1h e proper ty owner, didn't put up a sign, the
neighbors pay c11ten1ion 10 what goes on in the neighborhood and are vested enough to
come and spea k 10 1he Board. She asked the Board to take everyone very seriously and
listen to what they have to say because they live in the neighborhood; the subdivision will
affect the neighborhood. The City has made zoning restrictions for a rea.son and it is
important to respect those.
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lill Moore, 2911 South Og.Jcn. \\dS ~\\Orn m .. \\, . .\\oore testified that she "anb lo make ,ure e,er) one understand, that Code i, 11nportant and that policies should be folio" ed. The neighbors rc-cei\ 1:d ronflichng 1nform.ihon on the subdh ision. As resident; and taxpayers of Engl<'wood, they "ere in the dark the entire time Some neighbors notrced sta~es in the ground aiter the hou<e "as demolished. They then understood 1ha1 thongs "ere happeriing on the subject properly. They did not ha\e an opportunity 10 e\en say
anything about 11. Tlrat is why a number of neighbors have turned out 10 voice their
opinion and 10 make rnre that Englewood does adhere to policy. As Ms. McGowan
testified, the pohc:y .1-~t is supposedly in place \\aS a discussion topic. The policy has not
been adopted, is •not wriuen in stone•, and has not been approved by 1he City Altorney.
Mr. Curnow h as entered into an agreemen~ prematurely in her opinion, with people who
plan to build on the lot They have been instructed by many people within Community
Development that it was written in stone in 2006. In 2007, Mr. Curnow had an interesting
discussion wi th a neighbor directly across fro m the property. Mr. Curnow denied that he
owned it. that it was owned by an UC. He was attempting to deanup weeds on 1he
property beca use Code Enforcement h ad bePn called repea1edly He then went across the
street and handed the neighbor his busine~s card and suggested thal perhaps he not call
lhe Cit~ but call him inste ad to remove the weeds. M-.. Moore testified that she is not quite
sure was is h~ppemng lo the subiect property other than they wanl lo ensure Code is
enforced. She dirt some remodeling and was strictly held 10 the Cc.de and policies. She
asked "hy someone who doesn't live in Englewood nor is an Englewood taxpayer can have
some:hing totally reversed without opposition, and the neighbors canno t do simple
remodels or repairs to their homes wi 1hout going 1hrough "hoops." Her opposition to the
policy is that il is not Code; it has nol been amended by the City. It doesn't harm her in
anyway; it doesn't cost her money olher lhan the application fee to be head before the
Board Mr. CurllO\, did not. She wants e\ erything per Ciiy policy and to be con<is1enl.
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David Westfall, 2960 South Ogden, was S\\Orn rn. Mr. Westfall testified that he has lived in
Englewood 32 year~. Rega rding 2995 South Ogden, he and his wife measured the
property from the fence to the grass on the in~1de of the sidewall... The property measures
49 feet, no t 40 feel He 1s not surP of the legil description, but it doesn't match the width
in the Borchardis' letter.
On 1he day the \,eeds WE"· , ,a~l!n care of, he approad1ed the gentleman cleaning the
weeds, asked what he wa~ i'n<l what the plans were for the property. The gentleman
ti.lid him that he was going 1. ou,:d two houses on the lot. Mr. Westfall told the m;;1 • he
thought that would detract from tl-e neighborhood. He told Mr Westfall that he didn't give
an "FK" about 1he neighborhood and there was absolutely nothing that could be done on
'hat property that would hurt that neighborhood because il was a "crap· neighborhood.
Anything that '"as done would be an impro\ement Mr Westfall stated he received prelty
good knowledge :,f the man's rntentions for th.' property; a house 1hat takes up most of the
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prupt•rI1, re,1 r s Ihe 111011 prof,1 -"1,1ke lh e mont'y and run." fJl Donna Nt•lson, 2989 South Corona, \\JS mom m. Ms. Nelson 1est1fie<l that she do(•s 1101 live on lhc hln( k whc-re Ihe SLJhjt'Ll I1roperly is kicaled; however, she hds friend, who II\ r, on the street She rcwl Ih , 2U03 [nglewood Comp,eh~nsive PIJn for dt'veloprnt'nt anrl
r.•developmenI m thP are,1 In the Pl.m, s!ie could see Ihat evc,yonr w,1s proud of th e
,cclt•velopment done al the light rail s1,11inn. In Ihe Plan ii st;ites:
• As an asse t of Englewood, man y of the City's exls ling residen tial areas are stable,
well maintained neighborhoods wi1h a strong sense of ownership and community
pride. These neighborhoods will continue to enjoy stability. Changes in these areas
w,11 be primarily driven by private decision s lo add a second floor to an existing
house or additional rooms to a ground floor."
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Ms. Nelson testified that the neighborhood is very stable; then! is a lot of co mmunity pride .
The lawns are well kept and the neighborh oo d is landscaped. Another portion of the
Comprehensive Plan states: "Ovic pride is fostered when local designs are emulated in
new buildings.· The new homes are no: going to be emulating local design; they are going
lo be massive structures on two small lots. It does not damage her monetarily, hut
emotionally il does damage her. Increased traffic also has to be considered. The,e is a 14 5 •
foot wide lot next door. lf this variance is allowed, she ~sked what would stnp someone
from buying that property and dividing it into 3 lots. Instead of 9 lots on th e slree~ there
would be 12 lots ,md 5 large houses. This would cause an in..:rease in traffic and reduction
in lawn space and landscaping, Those are the damages to the neighborhood. As a
communi ty, they do converse with each other; they walk their dogs. The subdivision
would prevent that community spirit from continuing. It will also kill th ei r civic pride in their
neighborhood. Allowing the subdivision, especially behind closed doors, is not fair. She is
not concerned as to its legality. Just 'Jecause something is legal, doesn't make it righL
Kathy Robhns, 2929 S Ogden, \\dS swo,n In. Ms, Robbins testified her property ,s th e 145
foot wide lo, on the block, which will neve; be subdivided into three lots because there is a
City easement on the south portion of the property which precludes building. Chair Smith
asked a question whether there was any harm m !he develoµmenl. M s. Robbi ns slated that
the structure that existed on the lot for the first 8 years she hved in the neighborhood was a
dump and a pil; the fact that it is gone is a huge improvement H.?r concern is density .
When she first started driving Into Denver on Logan Stre<!l, it was a neighborhood; now ii is
not It Is nothing bul one hou se on lop of ano ther. Houses with character scraped off and
monstrosities put in their place. That could happen on any lot in her neighbo, hood. The
proposed h".luses are not consistent with the character of the neighborhood. She has not
been able to have her windows open on the north side of her house for three years
because of the piles of dirt. She has called th e Oty 10 determine if that w1, legal to make a •
du mp site next lo her house; they informed her that as lon g as it wasn't 1 ,sible from th e
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Slrt!et and an e1/e,or~ tlw,e "as no1h1ng 1he) could do. Bu1ldrng on 1he 101 "uuld bl! an impro,ement bu1 sht! \\Oulrl like 10 be able 10 o pen her "indo\\s and ha,e ~ome pmaC) She ,,ould like 1t, se ... a reall) nice ,ingle-fa mil) house utilizrng 1he entne 101. Economin ma) preclude 1h,11. b ul 1ha1 1,o uld be 1he ideal situahon. 0 Maureen Dehne, 11 i7 East Amherst A,enue, was sworn m. Ms. Dehne testified 1ha1 ~he
has a good friend who h, es direclly across from the lot. He asked her top voice his
concerns since he is oul of 10,vn. She has lived in the neighborhood (or 7 years. Part of 1he
reason she moved from Denver to Englewood was the neighborhood charm. She uses
Ogden lo get to Dartmouth and It never ceases to amaze her when she drives down th e
street. She is always looking al what people are doing with their yards. It adds to the
charm of the neighborhood. When she crosses Cornell and sees the new deveiopments, it
looses a lot of its charm. She reiterated Ms. Robbins' concerns about d ensity. Even though
her lot cannot be divided into 3, it coul d still be d ivided into 2 lots. For Mr. Mills who lives
across the stree t, he ,·:ould be looki ng at 4 homes rather than 2. The subdivision provides a
lot o( value lo th e develop ers; however, one home nicely built o n the lo t would improve
property values muc h more.
0
Gregg Nahm, 295 1 South Emerson, was sworn in. Mr. Nahm 1est ified he has lived at his
current location for 1 7 years. He read a letter on behalf of the neighbor directly across the
street from the subject property who couldn'I attend the meeting. The letler is addressed
to the Board and wriuen by D. Christian Mills .
"Due to business travel I am unable to allend the meeting on Wednesday, May 14,
2008, concerning the proposed subdivision of the property al 2919 South Ogden
Street I Ii, e direct I) across the street from this lot and I am firmly opposed to the
subdivision of this property. I have asked a neighbor to rpad this letter on my behal i
because I would like my voice to be heard about this proposal and the process that
was used to arrive al the decision that is being appealed.
Building t-.o home on this property instead of one will dramatically affect the
character of th e neighborhood and mav substantially impact the value of the existing
homes on the bloc~s. •
(Commen t b1• Mr. Nahm: None o( us could predict that; we don't want to take the
chance.)
•rhe me1hod by which th e discussion and decision ;,n August 23, 2006 that allowed
thi s subdivis ion look place was a flaw ed process."
II
(lomnll'nl hy M r. Nahm: We are not happy about 1ha1. "e are no1 delighted 10 po1111 lhJI out. II i\ 1us1 the facts.) •Bc<Juse the proposl'CI chdnges lo 1he zoning requirements that "ould allO\, for \UlKhosinn of smJlle, 101, has 1h1' polenlial lo sign,li(anlly imp,1c I property value\, affected homt~"' n('rs shc,uld hJve noti<.e and opportunoly 10 comment on 1he,e
proposed chJnges. We were nol given this opportuni l)·.
Some of the inform,1 1ion that I have received indicates lo me thal this decis ion is
geared toward development versus Englewood citizens.
• I received a message from Audra in Community Development on
March 14 (In response to my call on March 13) stating that the
property was already subdivided when the Board of Adjus1men1 and
Appeals document dated May 14, 2008 states that lhc Directors or
Communily Developmen1 and Public Works signed the document on
M arch 27, 2008.
•
• Selling one hal f or the property to th e Borchardt family pr ior 10 the
final decision I~ both an incredible disservice and po1en1ial legal hassle
for the Borchardts nr dn indication thal this subdivision was already •
a$Sumed to be a fina l decision.•
(Comment by 'Ar. Nahm: Thal was ,1 slap in the neighbors' faces.)
• "The administrative Developmenl Policy dated August 23, 2008, was
not presented to lh•: residents of this block even though it may
substantially impacl the value of our homes and the homes in the
surrounding blocks .
In add 111on 10 the objective criteria staled above, I ask you to consider what we have had 10
pul up w11h since Mr. Curnow purchased the property in 2005.
Records from Code Enforcemen t will show lhe type of neighbor Mr. Curnow has been. He
regularly lei weeds overrun lh e property until he was forced by the City lo cut 1hem down.
When I approached him about th is ln person, he asked that I call him the next lime the
weeds gol to lhe polnl they needed to be cut down. The first time I called him he
responded by poisoning th e grass and weeds, turning the entire properly brown for well
over a year."
(Com ment by Mr. Nahm : Where's Al Gore when you need himl" That doesn't help
property value.)
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Chair Smith asked Mr. Nahm ii he was reading the letter or if he was also commenting. Mr. Nahm stated he was also commenting; he is a neighbor . Chair Smnh indicated that he is reading a le1ter that may or may not come into evidence; the Board can take the le1ter but to some extent it is hearsay. The Board appreciates Mr. Nahm's comments and as a citizen is entitled to make those. Chair Smilh stated he is having difficult\ knowing the difference between what the neighbor has written and Mr. Nahm's comments. Ms. O'Brien suggested
Mr. Nahm read the letter first and then make his comments. Chair Smilh agreed.
Mr. Nahm continued reading the letter.
"Mr. Curnow used the lot as a dumping ground for his other constru,:tion projects
and allowed the original house lo attract rodents and other wildlife. I assert that Mr.
Curnow does not have the best interests of the neighborhood in min d when he
requested the subdivision of the property.
In co nclusion, I am asking tha t the Boa rd of Adjustm ent and Appeals exami ne the
fa cts surroundi ng how the decis ion to gran t th is subdivis ion was made, consider the
lack of no ti ce rega rding the Development Policy, an d to take into accou nt the
impact that it will have on the neighborhood .
Thank you for your consideration.
Sincerely,
D. Ch ristia n M ills
2952 South Ogden Street
Englewood, CO 80113"
Chair Smith asked Mr. Nahm if he wanted the letter Lo become part of the record. Mr.
Nahm's presented the IPtter to the recording secretary.
Chair Smith asked City staff to presen t their case. Mr. Bell asked if there were people
signed up to speak in favor of the City's decision. Chair Sm ith slated there were 3 people;
the Ci ty is prese nt to defe nd its po si tion and needs to present fi rst.
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Mr. Bell stated he wanted to respond to one of the issues tha t was eluded to in terms of lot
sizes. He undersrood that are at least 3 lots, 2901, 2909, and 2995 South Ogden, that
have been referred to as being larger than 14S feet long or 40 feet wide. Lot lines and
property lines do not necessarily, and most often do not, go to the back of the sidewalk. In
real ity the back of the sidewalk is jus t the back of the sidewal k and often City righ t of way
li nes go much fu rther Into peop le's front and side yards. Tha t may explain wh y there is
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~nml! cunfu\ion. \lisuall) 11 is d11iicult 10 1-.no\\ "here the property l,ne, are located The \\•ichhs a1t• rorrecl unl e~s a SUI\<'\ would sho" othel'\\l~P. Addr essing Ms. O 'Brie n'; quc,IIon on the Jvcr,ir,ing, Mr. Bell te,tifi cd th en' M e 111,,ny different 11 wIhods to look~, Ilw ,1wr,1ge nunilwr and th e poliry cloc, not ,I,pul,1I1• tlw meIhodolog1 nor can ht> speak to the Oi1el1or's exacI methoclology thJt he used 111 making
his dt>C1sron In prevIou, d1scu\,ions, the avcr,1ge \\as determined by removing the suhJl'C l
p1operty. In 1h1s case that leaves 8 properties, S properti~ are 50 lcet or under (4 are
exac tly 50 feet); 3 are 5~ feet o r over. It is a range: 40 feet, 55 feet, 60 feet, and 145 feet.
In term s of looking at an average 10 veri(~ the percent from the most common number, ii
would appear 10 be righl al 50 feet. Using the methodology of adding up the widths and
dividing by 8 10 arrive al 62.S feet, that would not be consistent or the 48.23 feel would
not be consistent with 62.5 feet. That would be over a 5 percent difference.
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Chair Smith stated he didn't understand 1he Director's math either, averages can be figured
however a person wants. To grant the variance under the policy, ll would be variance lo lot
width not the policy. Cha ir Smith clarified that r,2 fee l had nothing to do with it. M s.
O'Brien asked if Chair Smith was presenting ti ,, case, or was he going lo ask question s and
ar gue. Chair Smith withdrew 1he question. Mr. Bell summarized by slating the Curnow
subdivision meets all the UDC requiremenls for a minor subdivision In the R-1-C zone
d,sI11ct, wllh the exceptio11 or the requirement (or the SO reet of lot width. In response to •
Council's dire ction from lhe 2006 study session, staff prepared a development policy th at
would permit Lhe subdivision of parcels in the R-1 zone districts provided the newly created
lots are within 5 percent of the zone distric t minimum lot width. ThP lot width minimum In
thi s case Is 50 feet; 5 percent is 47.5 feet. The lots created by the subdivision are 48.21
feet
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Ms. O'Brien staled that is no t a complete statement of the policy, Mr. Brook responded in
addition to th e average lo t widths we were talking about. In conclus ion, Mr. Bro ok slated
that it was under that policy that the subdivision plat for the properly was prepared,
submitted, reviewed, and approved by lhe Community Development Director.
Ms. O'B11l'n s1aIed that 1( she understood Mr. Bell's testimony correctly, he is not the
Director of Communily Development. Mr. Bell stated that was correct. Ms . O'Brien
confirmed that the Director was not in a Hen dance 10 explain his methodology. Mr. Bell
responded that was correct. Ms. O'Brien asked if he knew the Director's methodology.
Mr. Bell responded that he could not speak to the Director's exact methodology. Ms.
O 'Brien stated that while Mr. Bell cannot explain the Director's methodology, she is
supposed lo put her5elf in his place and make a decision. Ms. O 'Brien asked if there was a
definition of •average• in the policy. Mr. Bell stated there was not. Ms. O'Brien asked if
there was a definition of "consiste nt." M r. Bell slated there was not In the policy. Ms. •
O'Brien asked if he ag reed with her that ii her method of doing the average is correct and
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there is an a, erage of 62 5 feet ," hich not e, eryone agrees with, 48.23 feet is not cons1sten1. Mr. Bell responded that it is not co11si1tent if it i1 looked at in that way. Ms. O 'Brien stattd she has never seen averages where a number cannot be arrived al. This is where she is getting frustrated. ~ Mr. Cohn stated his questions have to do with "thrs bcnk. • It is a section of the Englewood
Code that assist.s the Board. As he was looking for the items discussed and the policy that
Community Development made, he could not fin,;! it in the UDC. This book, as well as the
remainder of the Code, while developed by different commillees where approved by the
City Council; the amendments were approved by the City Council. As far as he can tell, the
policy has never been presented, except for a discussion at a study session. Com'!lunity
Development then came up with a plan that was never again presented to the public who
have to m.:ltp it part of this book. Near as he can tell, the policy is not a part of this at all.
He does not b~'•· ,,, that the policy has any standing before the Board. Mr. Cohn stated
the rest of "the boo~ was approved by City Council. He asked how the policy would be
part of the Code.
Secretary's N_ote: Mr. Cohn reference to "this book" is the Unified Development Code.
Mr. Bell responded the policy is not a part of the Code. The policy was developed under
the direction of City Council, written by City staff, and on which the Director based his
decision.
Mr. Green asked If there were other such policies which modify the Code and which the
Board is unaware. Mr. Bell stated there are some policies; there are parts of the Code
where there is some administrative discretion. Those policies are often written to create
consistency within the Department Mr. Green asked if the subject policy was specifically
created because of administrative ambiguity. Mr Bell reiterated that the policy was written
based on dir•~ction from City Council. Mr. Green asked where in the Code there is
administrative discretion.
Chair Smith stated there are some admi r .i,trative discretion provisions in the Code;
however, this policy is not one of them . Mr. Bell stated there are administrative
adjustments in the Code, but lot widths is not one of those. Mr. Green asked if it was Mr.
Bell's understanding that the City Council in study session can make a change lo anything
within the UDC. If the pol icy changed based on 2 City Council study session without
reference to any administrative decision or ambiguity and doesn't go through the
amendment process, he asked lf the City Council, ir a study session, can change anything
in the UDC. He asked if that is how it worked.
Chair Smith stated the Board must presume that the policy is a vahd rule and regulation .
The Board is charged with interpreting the Code from the decision maker's viewpoint, and
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lhe Commum1 v Development Direclor has discretion 10 do things. Chair Smith sugr,rsted lhJI ,1fter testimun~ is received. 1he Board go inlo E>.ecutive Session 10 ask the City Allorney In, h, ·r leg.ii opinron on the de,elopment pohcy and whe1hcr the use should be considered by the Board I l<' person.1111· doe-; not believe the case shoulrl be before the Board. He believes it should be a f'lannrng & Zoning mauer, not a Board or Adjustmenl ma lier. Ms. O'Brien staled she agreed. Chair Smith staled Mr. Bell should not be placed in
lhe position of delermining the D•rector's direction as whether it was righl or wrong. Mr.
Green asked if it was Mr. Bell's understanding thal City Council can make a policy, which
Community Development follows , 1ha1 modifies anything in the UDC. The policy does not
reference an administrative dlscreli o n issue. Chair Smith staled he didn'I be,,eve that was a
proper question for Mr. Bell ; he cannol answer ii.
Mr. Cohn staled the answer is that City Council does not have the authority in a study
session to make 1hose types of decisions. It requires a public, open meeting. Chair Smilh
stated that is Mr. Cohn's Interpretation; Ms. O'Brien agreed . Chair Smith stated he Is nol
arguing thal poin~ but Mr. Bell can not answer that queslion . Mr. Co hn stated he was
clarifying for Mr. Green. Ms . O'Brien reminded Mr. Co hn th at the Board was no t In
discussion. Mr. Cohn stated he cannol find where 1he Board has the authorily to hold an
Executive Sess,lon and asked Cha ir Smith to point out where that authority is given.
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Mr. Green asked if Mr. Bell would like to respond to his question. Mr. Bell stated he would •
prefer not
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Chair Smith asked If a preliminary plat had been prepared. Mr. Bell slated it had been
prepared. Chair Smith asked If it had been submiued to anyone. Mr. Bell stated it is
technically called a Minor Subdivision plat, and it has been submilled. It has three signature
blocks; it has been signed by the Director ol Public Works and the Director of Community
Development. To his knowledge, ii has not been signed by the Gty Allorney's office. It
has not been recorded with Arapahoe County. Chair Smitli asked who executed the
approval of the Minor Subdivision plat -the Manager or designee?
Ms. Reid stated 1ha1 for clarifica tion everyone is looking at Title 16-2-11. Mr. Bell stated that
It does stale:
• A Minor Subdivision lrnal plat lhat has nol been recorded within 60 days aller
approval by the City Manager or designee shall lapse and shall be of no further force
or effect.•
Mr. Bell stated typically it is the three signatures previous ly mentioned that sign the Minor
Subd ivis io n pla1 and It is then recorded with Arapahoe County.
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Cha11 Srnith a;~ed ,, till' appeal fror>i that proce,s goes to Planning & Zc."lrng Commission. 1'\r. Be ll sta ted thJ I 10 hrs kno"ledge, it does not go 10 the Planning Comrnissron. Referring to Tab le 16·2-2.1, und er Boa rd or AdJ uStme nl and Appeals, Chair Smrth asked Mr. Bell to point out where it pro,rdes the Bo~rd w ith th e autho rity 10 review 1'\in or Subdivision plats. Mr. Bell responded th at it doe, not indicat e .my. Chair Smith stated that it is cu rrently in th e Cit\' Attorney's office. Mr. Bell responded that was correc t.
A person in the audience asked If they could address Chair Smith's question. Chair Smi th
staled she could not.
Chair Smith stated he was going 10 suggest the Board adjourn 10 Executive Session. Ms .
O 'Brien stated there \\•ere persons in the audience wishing to speak in support of the
decision.
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William Curnow, 4500 Lambert Ranch Trail, was sworn in. Mr. Curnow thanked the Board
lor listening lo what has turned out to be a fairly emotional discussion. He is surprised that
something that is typically handled on an adm inistrative basis in most cities is not handled
lhat way in E,nglewood. He and his parlner purcha~ed the property in 2006; they moved
forward with the subject property and other properties in Englewood based upon the
encouragement of many people in the City, induding Gary Sears as well as the Mayor of
Englewood . They asked him to consider Englewood as place to build new homes 10 help
renovate some of the more depressed areas in the Oty. He had the option of going 10 a
number of other cities, specifically Denver, but made the decision to build in Englewood.
Mr. Curnow stated a person testified that he has no ties IG the community. He actually has
owned property in Englewood for approximately 30 years. He has owned a number of
businesses in Englewood and he continues to own many properties in Englewood . He
owned Columbine Copy and Printing. The Sig n Maker, and Columbine Mailing Services .
Cha ir Smi th slated the Board must determine whether the City official made a proper
rleclsio n or nol. He asked Mr. Curnow 10 restrict his presentation to what supports that
decision. Mr. Curnow stated he would.
Mr. Curnow continued ; regarding the 9 parcels \\hich were discussed, the larges• parcel on
the block is nearly one-half acre in si ze. It is directly adjacent at 2929 South Ogden. That
parhcular lot is unlrke many other lots in the City. He belie, es M s. O'Brien is looking for a
ma thematical average, which is called "mean." The mean is arrived at by adding up all th,~----
lot frontages and then divided b~ the total number, which provides an average. Thal is an
ari thmetic mean. There are man y averages that can come into play: mean, medium, and
mode. By the other two met hods, which are commonly accepted, the subject property falls
within that arithmetic mod e and medium. Without going in to a lot ol deta il, Mr. Curnow
testlfiecl that was the case.
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A numlwr nf s1a1ements ha, P heen mad.! com emmg a large house bemg buih on a small lot and lh,tt the characler ,,1 the neighbothood "ill not be sustained. The Board does not appro,e Bu,lding Departmenl plan, an<l the Building Department enforces all plans a, far as ,quare foold!,\e se1bad,, and an1 other typical item requiring C11y ~upel\isioo. The properly i~ nul r~-ceiving anv, ariance rrom 1he Building Deparlmenl
Earlre r Mr. Bell leslified that he believl'J 1he average would work. Mr Curnow sta led the
lot square footages on 1he block are: 6,250; 6,075; 8,664, 7,220, 6,990; 6,990; 21,025;
6, 150; 6,250; and 5,000. The resulting subdivision of the lot wou!d actually make the two
created 101s the sixth and Sl!venth largest lots on the block. "'Ian~ lots on the block are
$mailer. With rega rds to the characterizauon of large houses on the block, Mr. Curnow
sta ted the re wasn't a person in the room who has seen the actual proposed houses to built;
they ha, e not seen the plans; they have not asked to see the plans.
A number of people spoke OJI from the audience. Chair Smith instructed the audience to
be quiet; Mr. Curnow didn't interrupt th em during their testimony.
Mr. Curnow continued; with regards lo the homes on the next block that were built that did
not meet the .general character of lhe neighborhood, Mr. Curnow testified lhal he did not
build either of those homes. He did build a home that was not discussed .
Chair Smith reiterated that his building nice homes doesn't address the decision by the
Community Developmenl Diredor. The Board must determine if the official followed the
policy, whether or not the policy is valid, and whether the Code authorized it.
Mr. Curnow testified he appreciates the position of th <: neighbors; but even though a single
house is prtferred on the lot, he could build a much larger house on the lot than the
neighbors would want. His goal is to do something fairly modest on both lots.
Mr . Curnow stated he believes the subdivision is legal. He relied upon the City; he tore
down a functioning house based upon the City's requ remenL He would not have torn
down the house if the subdivision was not going to be approved and not deemed legal .
Upon the City's assurances, he tore down 1he house. He is acting in good faith and asks
that the Board do so as well .
0
Doug Liflibrige started speaking. The recording secretary inslfucted him to go to the
podium and be sworn in. A.\r. lillibrige continued; what he wished to add does not address
the Code issue. He does have copies of the plans which he could show the Board; it 1s a
fairly modest home . Chair Smith instructed Mr. Lillibrige to be sworn in or stop talking.
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Chair Smith stated that pursuant to the Board 01 Adjustmenl Handbook, page 7:
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•hetut l\ e e >1ons of the Board 1ro ;iy be held ,r appro\ ed by a majori ty of the Board E ·eculive se sions shall address onl) 'hose nems allowed under 1he Co lorado Op<!n leellngs Law • In this case, ii would be for legal ad-.ce.
There were no oth er perso ns present to testify for or agai nst the appeal. Cha ir Smuh
incorpa rated th e staff repo rt and exh ibi lS int o the record and clo sed the publ ic hea ring.
Cha ir Smith inform ed th e aud ie nce tha t if the Board makes a deci sion, it will be di scuss ed in
the regular meeting. City Council in the last few years changed the UDC, and the Board is
operating under a new se1 of rules.
Motion : THE BOARD CONVENE AN EXE CUTI VE SES SI ON FOR LEGAL ADV ICE
PU RSUANTTO SECT ION 24-6-402(4)(8!, C.R .S.
Moved by John Smith 11 1, Seconded by Ma rci a O'Brien.
Vote: Mo tion car ried by unanimous roll call vo te (si:mmary: Yes• 6) .
Yes : Carson Green , Da vi d Sprecace, Douglas Cohn, John Smi th Ill, Mar ci a O'Brien,
Sue Purdy .
Abs ent: M iodrag Budisa .
The aud ience, sta ff, and rer.ording ecretary left the room .
Th e Board went into Ex ec utive Ses si on at 8:35 p.m. The Executive Se ssion ended at 8:45
p.m. Th e B1>ard took a short recess. Chair Sm ith reco nvened the Regular me eti ng at 8:50
p.m . to discuss Ca~e VAR2008 -00 2. All Boa rd mem bers present befor e the Executive
Sessi on were still prese nt
Motion: TO DISAPPROV E THE DECISIO OF THE COMMUNITY DEVE LOPM ENT
DIR ECTOR TO APPROVE THE PR O PERTY SUBDIVISIO (SUB200 8-00 3) AT 2919
SO UTH OGDEN STREET RESULTING IN TWO PROPERTIE S EACl-f WITH 48 .23
FEff OF LOT WIDTH I AN R-1-C ZONE DISTRICT .
Moved by Doug Cohn , Se conded by Cars on Gre ·1n
Crair Smith call ed for discussion . He state d the issue before the Boa rd is the decision of
1he Comm unity Dire ctor to appro ve a prC'rerty subdivision in a R-1 ·C zone dis trict.
Ms , O 'Brien stated th Issue disc ussed the majo ri1 ~· of th e evenin g, and what Is put befo re
the Board as on of 1he bas is for the declsio n, is th e deve lopm ent policy written by the
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Commum11· Oe,elopmen1 Oireclor ahe, J s1ud1 session. "hich is nol open 10 the puhlar a< ~ht: undPrs1,m,ls. Chair Sm11h s1a1ed it is oµ<'n 10 1he public. Ms. O'Braen s1a1ed C111 Coundl sugsesled lhe1 \Vanted $Omething 1n place !or thos e lots 1ha1 m,ght be le<s th ,111 ~ p<'rcenl <m,1llt'r 1han lilt> ,one d1qncl, ,mnimum lol width requirement The Dirt•, Im is using the pol1c1 as a bas,, for chang,nr 1he UDC. H Pt un de,,1a nd,ng is there mu,1 h1· a public hraring bPru••· 1hP l JOC 1, chant:ed hy lily founci:.
Chair Smith stated th e ha~ac rule is 1he UDC is an Ordinance; ii can be repe .. led c,r
amended only by an Ordmance. rhe UOC contains certain crileria which allows
adminis1rauve proc1:ss wi1hout being presented to 1he Plann ing Commissio~, Board or
Adjuslmen l, or Cily Council. Varying lot Imes is net one of those crit eria. Withoul the
µollcy, there is nothing wi1hin 1he UDC which supports the gran ti ng of the subdivision.
Ms. O'Brien stated she believes the policy is insufficie nt; lhe re needed to be a public
hearing and It should have been done by Ordi na nce.
Mr. Cohn sta ted the 5 percenl op tion is not in th is l,oo k; it was not codifie d. Cha ir Smi th
sta ted th a t was r.orrect; 1he,e are o ther 5 pe rcent adm inis tra tive processes staff is pe rmitted.
Ms. O'Brien Sli\ted 1hc 5 percen1 lot width adj ustme nt is not con tained in the UDC. Chair
Smith staled th at was correct.
Ms. O'Brien stated there was still no public comment. As she puts herself an the position of
the decision maker, she does no, believe the policy is , alid .
Mr. Sprecace asked for clarification on the motion. Chdir Smith stated the motion Is to
disJpprove the decision of the Community Development Director to approve a property
subdivision (SU1!2008-003 I resulting in two properties each with 48.23 feet of lot width In
an R-1-C zone d istrict.
W11h no fur ther discussion, 1e secretary polled the members' votes.
M~. O'Rrien voted yes for the reasons she stated in discussion which were the policy relied
upon by the Director or Community De, eloprnenl, entttll'd "lot Width Adjuslmen l for R-1
O,suict Subdivisions• is not, in her view, J valid method 10 change the UDC. Without a
change in the UOC, there is no basis to s11pport •he decision of the Community
Dcvelupment Director.
M,. Cohn sta ted he voted yes. City staff lell a pit!ce ou t of th e ac tio n. The ru le book has 10
be defendable.
Mr. GrPe n sta te d he vo ted yes, co111c urring with Ms. O 'Bri en and Mr . Co hn . It i~ no t a valid
policy based on th e fa c t there wasn't an acce pt a ble process foll owed to c hange the UDC.
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o\lr Sprecace stated he voteJ )es. concurring \\llh \Is. O 'Brien and Mr Cohn . Whilt the poltq . a good goal to encourage h,gh qual •t) de,elopment. there ,s a process the City ni;ed to go through wh, h allo" public input to change the Ordinance \,h, h he do nor b liev "a follo"ed The poliq does nor ha e the iorce of the UDC because II i not an Ordinance. H would li~e to encourage high qualtty residential de\e!opm n1 in Engl \,ood; ho"e,er, th proc s was not (ollm,ed.
Ms . Purdy srated she voted )es, concurring with other Board members.
Chair Snith stated he voted yes. Had it been handled in the proper manner, he would
have voted to approve ii. Approximately 2 feet is not that significant and he also supports
developmen t within the City. Howe\'er, there is a process that needs to be followed. It is a
Minor Subdivi~ion revision and it should follow those procedures . fl can go 10 the Planning
and Zoning Commission for a pub lic hearing.
Vote: Mo tion carried by una nimous roll call vo te (summary: Yes• 6).
Yes : John Smith Ill, Marcia O'Brien, Douglas Coh n, Ca rson Green, Sue Purdy, David Sprecace.
Ab se nt : Mlodrag Budisa .
4. Approval of Minutes
Moti on: TO APPROVE MINUTES OF APRIL 9, 2008 AS WRITTEN Mo ve d by Carson
Green , Seco nd ed by David Sprecace .
Vote: Motion carried by unanimous roll call vote (s umm ary: Yes • 6).
Yes: J.ihn Smith Ill, Marcia O'Brien , Douglas Cohn, Carson Green, Sue Purdy, David Spret-.ice.
Absent: Miodrag Bud,sa .
5. Approval of Findings of Fact
Motio n: APPROVE fl DINGS OF FACT I CASE V<\R2008-00I, 2303 EAST DARTMOUTH AVENUt
Moved by Carson Green, Seco nd ed b:· David Sprecace .
Vote : Morion carri d by unanimous roll call vote (summary: Yes= 6).
Yes: John Sn,l1h Il l, Marcia O'Brien, Dou8id5 Coh1'. Carson Green, Sue Purdy, David Sprecace.
Abs ent: Miodrag Budisa .
6. Staff's Choice
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Mt. lle ll s1,,1ed 1h ere are two \Miancc cases scheduled for June. One case is for fence h1•1i;ht and the other case is for add111onal s,p.na~e. 7 Alloriwy's Choke M,. Re id had no thing further
8. Board Member's Choice
The Board had nothing further.
9. Adjourn
There was no further business brought before the Board. The regular meeting was declared
adjourned a1 9:00 p .m.
Nancy G.IFJn1on, Recording Secretary
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<r ,r JUL 1,2000 Ju!y 9, 2008
SENT VIA CERTIFIED MAI L RETl •f3P RECEIPT REQUESTED &
FIRST CLASS MAIL
Jim Woodward, Mayor
3943 S. Pearl Street
Englewood, CO 80113
Englewood Cily Council
Englewood Civic Center
2"" Floor Council Cha mbers
1000 Englewood Parkway
Englewood. CO 801 1 O
Nancy Reid, Esq.
Assistant City At1orney, City of Englewood
Englewood City Hall
1000 Englewood Parkway
Englewood, CO 80110
John W. Smith, Ill
Chairman of Englewood Board of Adjustment and Appea ls
Englewood Civic Center
City Council Chambers
1000 Englewood Parkway
Englewood . CO 80110
RE : Governmental Immunity Notice Pursuant to Section 24-10-109, C.R.S.
(2007)
Case Number: BOAA Case No. VAR2008-002 ; SUB2008-003
Subject Property: 2919 So uth Ogden Street, Englewood, Co lorado
Claimants: Colorado Custom Construction , Inc. & Norbridge Constructors, Inc.
TO THE ABOVE-NAMED INDIVIDUALS & GOVERNMENTAL ENTITIES:
This Notice is being served upon you pursuant 10 Colorado Revised Slatutes
Section 24 -1 0-101 , et seq., and includes information required pursuant lo Section 24-
CoiorNOc..i,,°"'ec."''\,l('IO'l'O,f'"~•"•~'(k,., Ho9c'f
Jrm Woodward Englewood City Councrl Nancy Re,d John W Smrth, Ill July 9. 2008 Page 2 10·109, C.R.S. (2007). Thrs nolifica tion arises out ol a series ol acts and events which occurred between January. 2008 and May, 2008.
A. Name and Address o f Clai mants:
Colorado Custom Construction, Inc.
4500 Lambert Ranch Trail
Sedalia, CO 80135
Norbridge Constructors, Inc.
1341 S Foothill Drive
Lakewood, CO 80228
B. Name and Address of Attorney For Cla imant:
Cyndi L. Lyden , Esq.
Matthew J. Casebolt, Esq.
Rum ler Tarbox Lyden Law Corporation PC.
17TT S. Harrison Street, Suite 1250
Denver, CO 80210
C. Fac tual Basis fo r the Claim :
Please see the enclosed 1etter dated June 9, 2008, to the Englewood Board ol
Adjus tment and Appeals. which was sent previously to you.
D Public Employee Involvement:
Anthony Fruchta
Tricia Landgon
Robert Simpson
Audra Kirk
Alan White
And other presently unknown employees of the City of Englewood and
Englewood Community Development Departm ent.
E. The Nature and Extent of Damage s Suffered to this Date:
The cost of the Property and the diminished value of the Property . The loss of
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Jim Woodward Englewood City Council Nancy Reid John W Smith, Ill July 9 , 2008 Page3 the value of the home destroyed on the Property . Costs incurred to demolish the home, remove asbestos, survey, and pre-construction costs related to construction of the
home of the Borchardts . The Borchardts subsequently made demand against
Clai mants for damages . Claiman ts are unable to build on the property as a result of the
action of the City of Englewood and/or the BOAA.
F. Monetary Damages:
The total amount of the losses and damages are presen tly unknown , but is
believed to be in excess of $364,000.00. Therefore, Claimants are seeking
indemnifica tion and money damages in an amount to be determined at trial.
Should you have any questions regarding the foregoing, please do not hesistate
to contact me.
Very truly yours,
MJC\mos
cc: Mr. Bill Curnow
Mr. Doug LIiiibridge
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MEM O R AN0LI M TO, Joan Weber, Human Rcsources.'RJSK FROM Dan Broizman, Cny Ano~ I\, 4 'f t'' DATE. July 14, 2008 l '
REGARDING· Compl•inl -Color o CUs1om Construction, Inc. and Norbridge Construct0ri, Inc.
A Co~lain1 was received by FAX 7/11/2008, from Matthew Casebol~ allomey representing
Colorado Custom Construction, Inc. and Norbridgc Construc1ors, Inc. The lrnmuni1y Notice
Pursuan1 to Section 24-10-109 C.R.S. (2007), alleges monetary damages. Relating to 2919 South
Ogden Street. Englewood, Colorado.
Please forward 10 CIRSA for processing .
A11achmen1
CC: Sue Ea100
Alan While
DB/nr
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OJSTRJC1 COURT, COUNTY Of· ARAPAHOE, STATEOFCOl,()RADO 7325 S. Potomoc Street Centennial, Colorndo 80112
Phone No,: (303) 649-6302
COLORADO CUSTOM CONSTRUCTION, INC-,•
Colon,do corporation, ond NORBRIDGE
CONSTRUCTORS, lNC., n Colorado eorpomtlon,
A COURT USE ONLY A
Ploinll!fs, Case Number. --CV --
v.
CITY OF ENGLEWOOD,• Colorodo munldpollty, and
Div.: Crrm.
the ENGLEWOOD DOARD OF ADJUSTMENT AND
APPEAUi,
Dcfeadanu. •
Cyndi L. Lyden, Esq. #12858
Matthew J. Casebolt, Esq. #37110
Rumler Tarbox Lyden
Law Corporation PC
1777 S. Harrison Stteei. Suite 1250
Denver, Colorado 802 I 0
Tel : (303) 333. 7733
Fax: (303} 355-6036
Email: £11YMo@rumlerlnw com
Allomcys for Plnintiffs
COMPLAINT
COME NOW Plninliffs, Colorado Custom Co11stn1ction, Inc. and Norbridgc Conslructors,
Inc. (hereinafter "Plaintiffs"} and, through their attorneys, R11n1ler Tatbox 1,ydcn Law Corporation,
P.C., l·ercby slntc und nll•B• as follows:
wrrms.
Plaintiff Colorado Custom Construction, Inc . ("Colorado Custom") is n Colorado
corporation doing business at 6860 Soulh Yosemite Court, Centennial, CO 80112.
2. l'lointiffNorbridge Constructors, Inc. ("Norbridgc") is a Colorado corpomtion doing
business at P.O. Box 261310, Lakewood, CO 80226 .
Dcfendnnt City orEnglewood (the "City") is n Co lorado municipolily with n business
address of 1000 Englewood Pllrk\Vay, Englewood, CO 801 JO 4. Defendant Englewood Board of AdJu.<lment and Appeals (the "BOAA") 1s o board of individuals created by the Englcwovd Munictpnl Code, Scc!ion 16-2-1 :C, which convenes
monthly at I 000 Englewood Parkway, Englewood, CO go 110
J()RtSDrCTION & VENUE
5. The District Court Is the trial court of record with general jurisdiction. The District
Court has original Jurisdiction in nll civil cases, except as otherwise provided. C.R.S.A. Con st. Art.
6, § 9.
6. 1bls C'~un bas jurisdiction over the Defendants punmnnt to Section 16-2-18:D,
Englewood Municipal Code, which provides that:
Any person or persotl.'I aggrieved by any final decision of the Board or the
Council, or any resident, taxpayer, or other officer, department, Board or
Commission of the City, may appeal such fuw decision by appropriate legal
action to a court of record having jurisdiction. Such appeal shall be filed no
more than thirty (30) days from the date of the Board or Council final
dcc1s1on.
7. Administrative ogency action in the mottcr giving rise to this action was final on June
11, 2008. ~ Exhibit A. This Complaint has been timely filed on or bcfo,c the 30 day deadline of
July I I, 2008.
8. Venue in this action is proper under C. R. Civ. P. 98 (a).
GENER AL ALLEGATIONS
9. TI,is i5 an action seekwg C.R. Civ. P. 106(a) rclief(nw1dnmus and/or certiorari), for
governmental seizure under the "takings" doctrine, for injunctive rolief, and for promissory estoppcl
due to conduct resulting in damnge, to the Plaintiffs.
10. TI1i s case arises from a grant of n subdivision by an outhoriu:d agency of U,c City of
Englewood's for the property IOClltcd nt 2919 Soulh Ogden Street. Englewood, Colorado (the
"Property"), SUB2008-003, which wns sub.sequcntly overturned by the BOAA .
11 . 1112006, prior to purch11Sin~ the Property, Pluintiffs• agents, Mr. Bill Curnow ond Mr.
Doug Lilli bridge, oppronchcd tl1e City of Englewood (the "City•~ though its duly authorized agent,
the Community Development Depanment (the "CD"), and spoke with a CD employee, Mr. Anthony
Frueh ta, specifically regarding the fcnsibili!y of purchasmg and then subdividing the Property.
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12 TI1c PlamtifTs were assun:d b) Mr Fruehta et that time that the 1ubd1vision was 11<1I nnl) possible but also that the decision 10 subdivide would be made within the department and wilhout the need for public notice. Ms. Tricia Landgon, also an employee of the CD corroboratlld
these reprcsentntions. O1her :mp loyecs of the CD repealed and recnforced ll1ese rcpresentntions.
13. In rclinncr upon Mr. FruchUI and lhe CD's 1'CpresenU1tlons, Colorado Custom
purchased 1he Property and subsequently began developing lhe Properly.
14. On Jonuory IS, 2008, Colorado Custom submitted a Land Development Application
to subdivide thc Property into two residential lots. Further representations, that lhe subdivision was
proccedina normally, were made to Colorado Custom by Trisha Landgon later in JrJmary, 2008.
l 5. Following purchase, lhc CD required Colorado Custom 10 ~ken number of additional
steps in connection with the development of the Property. These steps were prercquisiles to Ilic sranl
of subdivision. One of the steps was an order to demolish the existins residc11cc nnd storage shed
on the Property. ~ Project Pinn Review rlistory, Jan. 31, 2008, Report by Audra Kirk, Exhibit
B .
16. Prior 10 demolition n 1,200 square foot single frunily residence wns located on the
Property. Colorado Custom estimates the fair value of the l'CSldcnce, prior 10 demolition, at
$150,000 (without including the real propeny itsc:11).
17. Following demolition. Md pursuant to the instruction of the CD, Colorado Custom
paid $8,500 for demolition of the existing home.
18 The rcquin:ment of demolition oflhe old residence deprived Colorado Custom of the
structure itself. the npporrunity of rcnovaung the old residence, or of renlinc !L
19. CD also required Colorado Cl!stom 10 remove asbestos from the Property. Colo111do
Custom paid nn addi11onol SI0,000 10 remo,·c asbestos and incurred 1111 addihonoJ S\lrvey expense
in the nmount ofS3,200.
20. When nil of the CD's conditions • ·:re satisfied, the CD finworded the final plat 10
the Public Works Direclor end the Commu11ity Developmenl Director. Both Directors npprovccl
end signed lhe plat on Mnrch 27, 2008.
21 TI1e subdi\'ision created two lots which met all lhe Englewood Municipal Code
rcquircmcnls for n Minor Subdivis,un m the R-1-C zone district with ll,e exception of the
rcqu1TC1T1ent for liliy feet (50') of lot width The two lots ore cncb 48.23 feel an width.
22. The CD's aulliority to subdivide a lot was derived from the Englewood City Council's
direction in a 2006 stud)• session. Based on that directive, the CD's stofl' prepnred a development
pohcy nllowin the <111>.iivision of pan:cl s in R-1 zone distncts provided 1hn1 newly crentcd lo arc no more thnn five 1icrccn1 (~°'•) smaller than the wnc Jistrict nurumum for lot v.idth II wns under th is pohcy dint a Minor ulxh\'ision Pint for the Pmpcrt)' was prepared, submincd, reviewed, and pprnved
23 . Following the 8Tllnl of subdivision, on oboul March 2S, 2008, one-half of the Propcny
wns conve)cd to Mclindn anti Ricbnrd Borchardt (•he "Borchardtsj for npprox.immely SI 70,000 .
24 The Borchnrdts also rcuuncd the m:r~1ces ofNorbridge, o resideminl contractor, nnd
deposited app.,..x.imately SIS,000 .
25. On nbout Morch 31, 2008, Ms . Kathleen McGownn sent u letter to the City objecting
to the ~ubdlvision . On Apl'il I 0, 2008 Ms . McGowM appealed the decision of the CO to subdivide
to the DOAA, which heard th e appeal on May 14, 2008.
26. The BOAA voted to overturn the CD's decision to subdivid: the Property at the Mny
14, 2008 meeti ng. That decision became a final adminisb'Utive action upo , publicnlion of the BOAA
minutes on Jun,c 11. 2008. ~. Exhibit A.
27 . n,e conduct of thcprocecdings on Ma) 14, 2009 . r-.i111liced the Plaintiffs in severa l
ways . Although PlaintiiTs hod some notice oithedate o.nd time 011•, i,roccedings, tl1ey did not have
odcqunte no11re of the content thereof Plaintiffs did not receivr~ ~• s: presentation packet until the
oflcmoon of Mny 12, 2008 Wld had less tbau 48 hours to e.nal)'7.e the issues nod prepnre their
presentati on .
28 . During the meeting, the BOAA pntiectly hcerd the opmions and commentS of r.l811Y
persons present However, the DOAA did not vet the speak= 10 detcnninc whether the individu/llr.
were neighbors living with 300' feet of the PropcrtY and thus entillcd to smndlng. None .: .. .s, I",
of the opinion.~ were loy opinions regarding how the proposed home would allege·. ·oR,, •\.
impact the l!UITOtmding neighborhood and had little to do with CD's actual grant oflot ~ ,dwis, •
29 TI1e BOA .-. did not extend the same freedom of comment 10 Pl inuff.s or th ir
rcrrcscntl\tivcs . Instead, l'laintilTs were restricted to m~ltcrs addressing the legality of the CD's
decmon tu suhdivicic Plnmtiffs were not adequately inforn,cd or pn:pnrcd because no notice of thlll
topic was given
30. The Englewood Municip31 Code requires the BOAA to review the Ci ty's
administrnuve decision bo..1cd on !he some criteria utilized by the CD. The BOAA did not do thnt
Instead , ns Is recorded by the mimues , lhc BOAA bonrd members stated thnt while they may or mny
not suppurt the decision of the CD bn.~cd un the criteria. tl1e action tnken by the CD wns' ilJm'
because ·he dcvelopmem policy hnd not been accepted as part of the En~lewood Unified
Develop, cnt Code. To hnvc mRdc n decision Rs to the ~ of CD's action, which wo~ based
on the En~lcwood Chy Co uusel's directive, is beyond the jurisdiction and uuthority of the ll OAA .
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CLAIMS FOR RELIEF
l. Mandumus Pnrsuont LO c. R Civ. P 1Q6ra1121 miost the BOAA
JI. Plaintiffs reilcrate and incorporate hc,cin by rcfcrcocc the above allegations numbettd
9 through JO.
32. The BOAA base duty under the Englewood Unified Development Code{the "Code'')
to review a departmental decision as follows:
The Board shall, et its neKI regular meeting, schedule a po •' Hcbellling on the
appeal, after which it shall reverse or affinn, wholly or ir ,111 or modify the
notice, order, or decision and may remand the mr •• in 1he original
decision-maker fo r funhe r proceedings not inconsis:e " wito: tho Board's
decision. Such appeals shall be reviewed by the Born! R!lf. ~
. same crjterje used by the decisjon-maker whose notir.e. ~ ~
being appealed .
Code section 16-2-18:B (emphasis added}.
33. The CD's prcsenlation packet SIRies that the ~ew criteria utilized by the CD were:
L Applicability (Code Section 16-2-11 :A.I.a}:
b. Su1MUlr)' of Dimensional Requirements for Principal Uses end Structures
(Code Section 16-6-1 :B), unc
c. The City Cow1scl's directed dcvelnpmont pollcy of August 23, 2006 which
nll ows for n five percc Ill reduction of the required lot width . The
development policy decision slates that RI zones may be subdivided into new
lots provi ded that:
i. The width of ony new lot is no more than 5% less thon the zone
district minimum lot •,idth requirement; and
it. The new lo1s created in the subdivision shall be consistcnl with
the 'avemQe' width of other lots on lbc same block-focc. TI1c
Director of Community Development shall determine theavemgc lot
width
34 . In reaching its decision to overturn thesubdiv1sion, Uie BOAA breached its legal duty
10 consider only th• same criteria used by the decision-maker,
\ \ Nnlhllll! on thr l oJc suggests !hat tllc l.lOAA may c<crcisr qua.<i-Judicial nuthorny lu Jrirumll<' 1hc lrptd effect of 1hr Englewood City Courucl's direcuvcs 10 lhe Communil}' J 1t,d,1p111r111 ll<purt111c111 Cndc Section 16-2-1 :C states 1hat the Jurisdiction of the BOAA is to .,,.,.., ,on.t 111 .. d,fl the dcdsaon.~ of tit) employees, bill says nothing nbout i1s j unsdic1ion 10 review
l'll) I .,·.mvl'• duect,ves or delegations of authori1y to its duly au1hori'l.Cd ngents, representatives.
n,nu ch 11,t I ·0111111unity l)c1•dopment Dcpnrtment.
11, Ao nw11c r of onc-hnlf of the Property and as those who conveyed one-half of the
pnn,cl ,11h'!Ctluc111 iu the yra111 of subdivision, Plaintiffs are among lhc class of persons nllowcd by
Jhc In" IU bring on 11c1:on 111 the nnturc of mandamus.
17 All cond1111111s prcceden1 to enforcing the rightsconfcrredby:heCodehavc been met.
JR l'lnlnllff~ hove no other plaill, speedy, and eJequate remedy.
111 ·n,c IJ()A/\ 's fnilurc to conform itself to the Code has damaged Plaintiffs.
WI lf.:l!l'f'ORE, l'lnint1ffs seek rcJie:fin tbis matter as hereinafter set forth.
2 cwiornd Relief Cwunnt 1\' c R Cjv. P. J06Ca}C4' aonjnst the BOAA
10 l'lnln11fl'a re1101u1e nnd mcol'J)Ornlc herein by reference tl,e nbovc allegations numbered
'J tlHough 19
41 In c,·nlnn11ng 1hr ltgnhly c-f II,~ Englewood City Cc,unsel' s ditc.cted devel~rmcnt
pohc) uf At1su•1 21 •<JO(i, the AOAA exercised 811 unauthorized quasi-judicial function.
-1:!. n.., !IOAA oJh11'rd 1L1 d1sc:re1ion by arbitrarily and unreasonahly applyinJl smtutory
prO\'lllOI'\
41 l'ln11111fh h3w 110 01hc1 11hun, s11<'cdy, und adcquale remedy ,
WI IEIU 1 ·1 >RI'.. l'l11111t1fl• ,..,tk rthef in this mnller as hereinafter set forth.
\ .1.a.W1w11~r lirl1cf fuul111um ~1c BOAA 10 S11s1am lb• City's Gmn1 of Subdivision
44 l1l11111ti fl• rc1tr1 ,,tr 11110 in1,1ir1K11111c hcrem hyrcfcrencc lhc above nllegntions numbered
9 1hr1m~h 43
4S. l'l1111111fl:i' 1c111c1he• HI l,,w 111\' in:1cltt1uatc.
46 . l'l1111111ffs' d~llls 111 thi• muller ~10111 from u property light or n protectablc right.
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:;tn1c1urt, auJ h) tt"luirmt:, t'lam11fl,., • ,,thcr k.:11111'\ ,.,. rn.•1rqu1-.11c-~ lfl thr ~mnl or !-.nhihns1on, the Cit) and its nccnts ,h,\utd rcu,ut1i1M~ 1111H' r>.}t~TteJ rhul the rron\\St" would 1mlucc 11c1ion m fm hcaruncc hy the r1111 n11II•
~7 P):unttO s 111 foct 1cn1-,:on1.1hh· 1clle~I on the-p1111m,c' t<1 the l'iln111lOs' c1c1rimenl
58. The pn•mi,c 10 •uhdlvidc mn,1 t,., cnfNtcd In 1'1,-cnl 11tiu~1icc.
WHEREFORF. l'lomuffs seek rchcf In 1h1> mottcr ,u t,c,n,mnftcr ,,ct fonh
ti, Renu;sl for forthwilb Reher under S11,uon 24:4-I Q6rS > c Rs.
59. Jrrcpnrnblc injury would result if the BOAA 's decision is allowed lo stand
60. Plainliffs 1bcreforc request postponemcnl of the cffccuvc date of1hc BOAA's
decision ovenurning the subdivision pending judicial review.
WHEREFORE. lbc Plaintiffs pray for judgment es follows:
a. Thal. pwsuanl 10 C. R. Civ. P. 106(a)(2). P!r.inllffs arc entitled .o a judgment
compelling tbc BOAA 10 evalunac the subdivision pursuanl 10 the some cri1crin ullli1.ed by the CD;
b. Thal Plaintiffs arc entitled 10 n de1crmlnalion pursunnl to C.R C .P 106(n)(4) that the
BOAA has cxcccJcd its jurisdicoon or nblL~Cd its discretion;
c. Thal Plaintiffs ore entitled 10 n Mandn1ory, Pcrmnnenl lnJuncllon compelling the
BOAA and the Cily 10 susiain the grant of the Subdivision:
d. That Plaintiffs ure en \tied to just co1111,cnsu1ion for 1hc City of Englewood's Inking
of \be Property in m1 nmount 10 be determined 01 mo!.
c. Thal lhc BOAA is cstoppcd from rcvcrsin& Ille 5:ran1 of subdivision.
That the effective clntc of the OOAA •~ decision Is postponed pcndingjudicial ievicw
g And for such other relief as the Court deems JllS1 nnd pro1,cr.
DMcd this 11111 duy of July, 2008.
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47 , L11forcemen1 0(011 eqmlnblc decree wnulcl hr fensihle, 111achc.1blc, 111,d etfec11ve 10 ,•u\dicn1r dlC n&hl~ of lhr Pl:tintiffs 48 TIie bnrdsh1ps. where 1elcvunt. bolllncc ,n the Plrunuffs' fovm
49. No dcfcoscs are avail~ble
SO. Torlious condllCI by Oefcndonts is (JCCUmnl\, mcludtnl\ trc•'J>IISS to land, conve!'lion,
and imcrferencc with business relotiunsh11Js.
WHEREFORE, Plaintiffs seek relief in this motter 11$ bcrei11nf\c1 •1 forth.
4 Yin lotion of 0 InkinRa'· Clouw of U-S Conathutioo· 5111 Amcodmcm &
CgJqmdo CnostitUJieu· Anjclc U Secljon I~
5 I. Plaintiffs rcitemte and incorporate herein by reference the above allegations
numbered 9 through 50.
~2 . The Fifth Amendment l<l the U.S Constitution prohibits 11ovcmmcnlat takin;-of
privnte property "for public use witho•·t just compensation." ThM"eunder, if government reg• anon
denies a ldlldowncr of all economic use of his land, the regulation is equivalent to a p• . cal
appropriation and is n trucing. Lucas y So uJli Corolio• Coast•\ C',01m~c!. 505 U.S. 1003 ()992). 11,e
acttons of the Defendants have effected a taking such thatjus1 eompensnuon is required.
53 . Section 15 of Article II of the Conslilulion of the Stntc of Colorado provides !hat
"[p]riva te property sl,nll not be taken or dnmngcs, for public or private use, without just
compc1~,;ation." Tiicrcforc. 1f government regulation demes e landowner of all economic use of his
land. the regulation is equivalent 10 a rhysicnl ap propriation 1111d is u Inking . Ci\Y & Countv of
Denyer v Denver Bujck Ins:. 347 P.2d 919 (Colo . 1959). The actions of the Defendants have
effce1ed a taking such that just compensation is required.
WHLREFORE, Plnin11ffs ,eek relief in this matter as hcreinuhcr set r tli.
5 RQAA Decisjun Rcvcgmg Oront o[ Suh<ljvjsjnn i< V viJ
Due to Prtm1issnry EMODP~I
54 . l'lnin11 1Tn rc1tcrntc nnd 111corpot11te herein by refr1encc the .,hove nllci:ntions
numbered 9 thruugh 53.
55 The City and Community Development Department mndc a prnm1scs to the l'lnmnffs
In co1111ecuc111 with the grant of the subdivisicn of the Property ,
56 By making ,pecifoc rcprcscotnlions, by requiring the demolition of the existing
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Mnilinu Addrm of Plnioliff•
P.O . Box 406
Sedalia, CO 80 l 35
Respcelfully sub:niucd, RUMLER • TARBOX · LYDEN Law Corporation re
Cyndi L. L ydcn, Bsq.
Mattru:w J. Casebolt, Esq .
Attorneys for Plaintiff
Original Slgnatwu onjll~ at Rumler Torba:t /.,y(kr.
un, Corparot!a._ PC
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C T y 0 F f I C 0 F GLEWOOO 0 F T H C I T Y
M11thaw J, C,ucbah, fllq .
Rwnlcr Tarbox Lyden
1777 Soutll Ram,oo Strcet-Suitol2.I0
Ocovcr, Colonido 80210
Juoe 23, 2008
!UlOAR.OINO : 29 19 South Oadon S1roct, Ens]ewood, Colorado
Mr. C,rncbolt,
A T R N [ V
l om tho Aol1wu City Altorucy of the City oC Enslowood , Colomdo and legal adY11or to tl10
!!nalawood BON'd or Alijwitmcnt ond Appeal,. The information you received from M1 . Fenton I,
comic~ the docllton or the Board ~r fuljustmont and App ca Ir was con1ldcrcd finol upon the votma by the Board to IJ>pl'IIVC tho mmute:t, tho< dai, WU Juno I, •• 2008.
At tho 111110 11 •, 2008 =tlDQ tho BIWd of Adjustmcat ond "'""""" 11kcd lllO to roviow
"Motlam to Rooo.oJldct" ond provido th11m with• memo on tho Mme before their ooxt meecina
Thcb-n:,quCII for !nlom111t!011 does nor change the 6ual dote oflho detcnnination for Cue No.
2001.002, rc:uanllna the proJ1crty at 291 ~ South Og&,n Sln>CI, llllalewood, Colorado.
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nECi:IVi:D
JUN 2 421lOS
R.T.L.
OanlDI L Brorzn1.;in, City All ome-,
N11•Cy N Raid, iiub111nr Cl t-y AtlOfl14tV Ou1an s. Coiner, f:.\llll,l,u a,y AIIUfr)flij,'
1000 tnulowaod Pnrliw1y Enslowood, Colotado 80110 Phon e l0J.lol-lll0
www.,nglewaodl)Q.,,1Jf11 fA)(JOl -78~ EXH IBIT
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rroj1c1 Number SUB2008..003 Prot,u Nam, Curnow subdivision Type SIJB DIVISIO!'I Subtype Minor SubdivblDn S1aiu, Stat! Rc:v1cw Cll) or En1t.•ood Projcc1 Pion R<Vi•" H i,1nry Statu AppHod 1/1 8/2008 Approv,d o....i Expired Al.K
Own.,-COLORADO CUSTOM CONSTRUCTION, Appltunt COLORADO CUSTOM CONSTRUCTIOl'I,
Sltr:Addrua Clly Stcuc Up
2919 S 00D£!,: ST ENGI.EWOOD co 80113
S11bdlYUio11 T,.tt Block t.arNo PartcJNo
IO(h 125 1911-)S.2-00-02•
toa,111 Gtnaral Pl111
Dalu
Type/ StahH /Coatie.&/ t'fft.u s .. 1 Du, Rocdvtd El.a~nd
Build,na i/1812001 112912001 l/l912008 11
Approved w/Cond
Unc.c.• ADMD"if• Smiffi
(112912008 IJ:ll LS)
Jwaula
•• Dunolll,on o( c>d.srin& sm,cruro, will bt required prior IO subdivulon. ...•.....•.. _ •......•......... ,
Communirv IJe,eloomcnl UlSl".001 ll.l9/lOOI 1/2212008 4 Su Nau:s
ApproYCd w/Cond
Audra·KJrk
(112212008 11:20 ALK)
S-yon pins should bt sir" mid poin1 btrwccn tor #I nnd 101 n
Verify 1!111 then it not• Deed o(Tnisc Remove 1h11 ponion of plat.
Provide she plan showfns exbtlng house and any oCheJ """'"""' w,111 no1 dw thoy '"'to be dcmolbhcd.
Provide an official Un or Offiun with authorny to .Jign..
( 1/2211001 II:~ '. \.K)
Provide proof of p1yznent ou lien.
(112412001 12.23 TAL)
Site plan submitted with ncto that existiq house ond shod are co bcdemo'd Demol"lon ,nus, be oon1pletcd prior 10 fin• fly
appronl o(Sllbdrvirion .•••••••••••• ·-· __ •• _ •• __ ••••••• _. __ •••• _ •••••••• __ • _ •••• _ ••••••••• _
Enliocenna 111111200s 1mn001 Ul9noos 11 Sec N01<1
Nol Approved
Llrrv Nlmmo
EXHIBIT
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\I E~I ORA "I O U M TO Dan Bm1zman. C11y Anomc) FROM Nanc> Rr1d . Ass1s1am Cuy Anomey OATI:. July 17, :?008 REGARDING
Time frames Regaroing 1he N<'II« r Claim and 1hc "Counesy C'oo, • ,f
1 Complam1 Not Yet Filed, Pertammg to the Subd11~s1on of Pmpeny ,, 29 I 9 South Ogden S1Jee1
The C.l:.C' P. Rule 106 appeal of the Board of Ad1us1,nen1 and Appeals decision mus1 be filed b;· July 11, 2008.
CIRSA ha s uni ii October 9, 2008 to respo nd.
Colorado Govemmen1al lmmunify Act -no action may be filed before a denial or October 9, 2008 .
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PUBLIC COMMENT ROSTER AGENDA ITEM 7 UNSCHEDULED PUBLIC COMMENT July 21, 2008
PLEASE LIMIT YOUR PRESENTATION TO FIVE MINUTES
PLEASE PRINT
NAME ADDRESS TOPIC
C11y Counc,1 Address -7 /21/08 Good evening co•;ncll. I am belore you 1hls even,ng ,n response to the commenls made by councilman McCasl,n during the last Councol Meetcng on July 7". These comments were regarding a community group that meels In this ·ity, by name of ECOG . For lhose ol you 1hat do not know, I would like to ,n1roduce myself to all or you as the chairman and organizer of thal community group. Our group,
!:COG -Englewood Citizens ror Open Government · is a group of citizens that are Involved on the
community and as tltizens we have the nght to know about Issues before city and council. I find the
statements that Mr. McCashn made during th,s last Council Meeting, particu larly the sta1emen1 •1 am
concerned about the direction of 1h,s group• to be out of line . Attacking any peaceful group is In error
to our basic rlghls as citizen~ There 1s no need for us lo justify being In volved In the community, and
thue Is no need for us to justify attending a meeling that is legally open to the public under the open
meetings law (al!o known as 1he sunshine law).
·--I would also like to make it clear thal I approached Mr. McCaslln after that council meeting on the
7" in a very polile and respectful manner to provide him with a response t , his comments that were
clearly directed at me . He then responded in a very angry and rude manner, that ·~e does not like me•,
"he does not want to talk to me·, "he does not like the issues I support•. and "he has no reJson to
dl«uss anything with me•, then slammed the door behind him This seems lo contradict hos requesl
earlier in that evening for an invitalion to this group and for more Information aboul the group .••.
Councilman McCaslln, I am open and ready 10 talk with you Just as I was the mghl after the meeting.
And if you're still concerned about the direction of our group may I remind you, that citrzens have the
rrght In this c,ty and lhroughout this counlry to meel and d&uss any topic they reel including Issues and
concerns aboul lhelr local government.
Thank you ..
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Lester L Myers 41 95 S Clarkson
Englewood, CO 80113
July 15, 200 8
Major Jim Woodward
rlo Englewood City Council Members
1000 Englewood Paricway
Englewood, CO 80110
Dear Major Woodward & Council Members:
With this letter, I hereby submit my resignation from the Planning and Zoning
Commission as an alternate, effective today Ju . :;;, 2008.
I would be Interested in serving on the Code Enforoement AdviSOI)' Committee or
the Keep t r.glewood Bea utiful Committee shout· '"n open ing become available.
Sincerely,
.. -:-· -i--~)' .......... _. c.: __ -~~ '•"'·-1._• ~ _,.. ~
Lester L. Myers
8a
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COUNCI L COMMUN ICATION Dale: Age nda 11 cm: Subjec l: lul1 21. 1008 9a I Ordon,,n<e Ch,111gc> Im th e Sewer porloon 0 1 th~ Cn1 Cod,· lnil ia tcd By: Staff So urce:
Utili1oes Department Stewart H Fonda, Doreclor ofl,1ilit1es
CO UNCIL COAL AN D PR EV IOUS COUNCIL ACTIO N
None.
RECOMMENDED ACTION
The Waler and Sewer Board, al th eir June I 0, 2008 meeting. recommended Council approve an
Ordinance amending 1ide 12, Chapter 2, Section 4, of the Englewood Munlcipal Code 2000
an,endong the Sewer Utility section .
BACKGROUND, ANALYSIS, AND ALTERNATIVES lr.lENTIFIEO
When a house is dem olished with plans to rebuild a new housP, man,,gemenl of sewer services has
been an issue. Sewer services can be lost dunng a d-,molition wi thout a correct .:ut-off. The Utilities
Department is auemp ling to manage and co nlrol whal is happ ening 10 these services al demol ition.
See attached proposed Municipal Code 12-1-4: Priva:c <,ewe rs, Connechons and Repairs.
FINANC IAL IMPA CT
None.
UST Of ATTACHMENTS
Minutes from lh e !1111 ~ 10, 20011 W,,1er and Sew~, Bo,ird Me~ling
Results or die July 7, 2008 Waler and Sewer Bo.nd Phone Vole
Proposed Bill lor an C'lrdi11,1nce
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WATER AND SE\\ ER BOARD MINUTE;; June 10, 2008
The meeting was called to order at 5:04 p.m.
Members present: Higday, Cassidy, Wiggins, Oakley,
Habenicht
Members absent:
Also present.
Bums, Clark, Moore, Woodward
Stewart Fonda, Director of Utilities
I. MfNUTES OF THE MAY 13, 2008 MEETING.
The Englev·ood Water and Sewer Board approved the minutes of the meeting of May 13,
2008.
Mr. W1ggi11s moved;
Mr. Habenic'it Jecoudcd:
Ayes:
Nays:
Members absent:
Motion carried.
To approve the minutes from lhc May 13,
2008 meeting.
Higday, Cassidy, Wiggins, Oakley,
Habenicht
None
Bums, Clark, Moore, Woodward
• Mr. Moore and Mr. Woodward entered at 5:08 p.m.
:? GUEST. CHR:S HOAGLAl\'D -3041 S. FRANKL~ ST. Chns H~i;land, a member of the Keep Engle\\ ood Beaull ful Commillec, appeared before 1hc 0oard 10 discuss dispos.11 of e.~pired prcscriplion drugs and pharmaceuticals m lhc l"il\\ \\lllet supply. Mr. Hoagland intcrqewcd local pharmacies and noted lhat they will
accep1 expired prcscri9tion drugs for disposal, wilh the exceplion of the local Kaiser
pharmacy. which recommended flushing expired medicines.
Mr. Cassidy ;ccommendcd pharmacies place a notice on prescription bottles regarding
proper disposal procedures of expired medicines. Mr. Higday discussed the basic
chcrnisuy of pharmaceutical products.
Mr. Hoagland discussed the Keep Englewood Beautiful Comnunee promoting proper
disposal Stu recommended that they work with Dennis Stowe or Pam Arnold al lhe
Pretreatment Division at the Littleton/Englewood Wastewater Treatment Plant. Stu also
noted that the maJOrity of the Littleton/Englewood Wastewater Treatment Plant collection
service area is not located wilhin lhe boundaries of the Cily of Englewood, but is under
the City of Littleton jurisdiction.
Gray Clark entered at S: IO p.m.
3. SOlITH PLATTE RIVER PROGRAM -ENDANGERED SPECCES.
Wa1er Board member Ror:,i CllSsidy distributed a handout, "Opposition to the con1inucd
memtr-' 'p in the SPWRAP Organization." The handou1 outlines his concerns
regaro. .he goals, benefi1s and funding associat:d with the program. Mr. Cassidy
wanted to point out the pan of the agreement lh:u states, "This compliance is ne.:dcd for
water providers 10 meet the waler supply needs of lhc urban, agricultural and indus1rial
sectors of this rapidly changing and growing part of the Slate."
The Board received additional infonnation that was requested al lhe M~y 2008 mecting
regarding how assessments arc dclenr:,tcd and membership . Stu discussed political
ackantages of 1he City beloniing to th program, including 404 pennil · that may be
required for fulurc projects or a11ergency repairs. This is the second ywir of au ongoing
13-)'CaTprogram and will enable the City Manager, or his designee, lo renew and pay for
this program in lhrcc, one-year incn:mcnts. The 2008 assessed amount is $27,275.04.
Mr. Higdav moved;
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\Ir Clark anded
ays :
Abs1am :
Members abscn1:
M'>tion curried .
To recommend Council appro,al of Englcv:ood's pJn1cipauon in 1he ·ou1h Plane Wa1er Rcla1ed Ac1i,•11ies Proi.rmn Jnd pa}mem of1he 200 Ass . smen1 of S27.275 . . Clark, Moore, H1gday, W1ggms, Wood11ard, Oakley, Habcmch1
nne
Cassidy
Dums
4 . ORD JNA CE CHANGE FOR SEWER CONNECTION & REPAIRS .
When a residence is demolished, wilh plans to rebuild a new house, management of
sewer services has been an issue . Sewer services can be lost during a dcmolilion withou1
corrccl cut-olfproccdurcs in place . The proposed Municipal Code 1112-2-4 changes
would manage end con1rol what is haµpening 10 these services al demolition . The Ci1y
Allomcy has reviewed and approved the language and changes 10 the Code.
Mr. Oakley moved,
Mr. Clark seconded :
Ayes
Nays:
Members abscnl :
Mo1ion curried .
To recommend Council approval of an
Ordinance amending Title 12, Chapter 2,
Section 4 of the Englewood Municipal Code
1985, amending rhe Sewer Utili1y scclion
Clari, Moore, Higday, Cassidy, Wiggin ,
Woodward. Oakley, Habcnichl
None
Bums
5. \\'ATER RIGHTS L'PDATE FRO.\1 DAVID HILL DATED !IIAY 1(1, :!1108 The Board received from David I fill, Englewood's Water Attorney, a water rishts upd.,te dnted May 7, 2008 nnd a memo dated May 16, 2008 . Stu dibcusscd developments in water litiga1ion cases in which Englewood is involved .
6. SOUTHGATESVPPLEMENT#l63.
A request was made by the Southgate Sanitation District representing the owner, CAW
Equities, LLC for inclusion ofSupplemen1 #163 consisting ofa parcel totaling 2.7 acres
into the Southgate Sanitation DistricL This is in conjunction with a renovation of a
residence and 1he owners are reques1ing inclusion into the district for residential use. The
property is currently zoned Residential and no changes in 1.oning use are anticipated . The
property is IOCJ1tcd between Colorado Blvd. and Steele St., north ofOn:hard Rd. in
Greenwood Village at 3800 E. Long Road.
Mr. Moore moved;
Mr. Woodward seconded:
Ayes:
Nays:
Membu~ bsent ·
Motion carried .
To recommend Council ~pproval of
Southgate Supplement # 163 to CAW
Equities for inclusion of 2. 7 acres into the
Southgate Sanitation District.
Clark, Moore, Higday, Cassidy, Wiggins,
Woodward, Oakley, Habenicht
None
Bums
7. RELEASE OF INTEREST TO MAIN'1 AINA SEWER LINE AT RJVERPOfNT
IN SHERIDAN.
Weingarten Miller Sheridan dnd the Ci1y of Sheridan have requcsled lhat Englewood
release i1s interest in the right to install and maintain a sewer line under Lot I, Block 6,
Rivcrpoint at Sheridan Filing No. 2. According to Tom Brennan. Utili ties Engineer, the
sewer line was removed during construction of the Riverpoint Project in Sheridan .
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lhc Ci!)' Allomc) ·s office has reviewed and approved 1hc rcqucsl and 1101es 1ha1 !his wa, no1 an cascmenl, hula nglu origmall) i:ranled hy rcsolu11on Weingar1cn Miller Sheridan 1s making lhc rcqucsl because the origi11JI resolution appears on the plal us a ti Ile cxce pli on. and due lo !he line no longer c,is1ing, should be removed from lhc lillc. Mr. Moore moved; Mr. Woodward SL-.:onded:
Ayes:
Nays:
Members absenl:
Motion carried .
To !"(.-Commend Council a1>proval of1he
release of imeresl granting pem1ission 10
install and connect a sewer main in
Englewood · hrough the City of Sheridan.
Clark, Moore, Higday, Cassidy. Wiggins,
Woodward, Oakley, Habenicht
None
Bums
8. MS. ROSANNE JUERGENS -6632 S. SHERMAN ST. REQUEST TO
CHANGE SEWER BILL SCHEDULE.
The Bo.ird received a copy of lhe feller scnl 10 Ms. Rosanne Juergens al 6632 S. Sherman
St. reg.•rding a rt.quest 10 change sewer bills from annual 10 quarterly billing. The letter
stated 1ha1 changing lo u quarterly bill ing schedule would prohibilively increase billing
cosis. TI1c Ci1y of Englewood has consistently advised customers of lhe ac.cepl:lbility of
mak,11g payments over two, three or four months. Language will be inserted in future
annual bills stating that if a customer anticipaled difficulty in paying lhc bill, to cull and
make payment arrangcmenls.
9. flflARMACEUTICALS IN SOURCE AND FINISHED WATER RFSULTS.
The Boord received a memorandum from Chris SchullZ ofCDM daled June I 2008
regarding the C'DM's sampling o~ pharmaceuticals and personal cnrc produclS (PPCPs) al
the Allen Waler Trcatmcnl Plan!. In Ma,ch. 2008 a series of reports was released in 1h c
press regarding minu1e conce111ra1ions ofpharm:iceutical compounds found in drinking
water supplies. To dale, scientists have found no evidence of adverse health efTcclS from
• lhe compounds m drinking water.
CDM's rcpon showed that compounds in finished water, except acetaminophens, \\Crc lower than source water. demonstrating that the Allen Water Treatment Plant was effective in removing some of these compounds. The filtering process using granu lar activated cnrbon (GAC) was found to be highly effective for remo,,al of PPCPs in Englewood's water.
10. SUPPLEMENT FOR CHERRY HILLS VILLAGE SAN. DISTRICT
LNCLUSION FOR 4595 S. VINE WAY.
A request was made by the City of Cherry Hills Village Sanitation District representing
lhe owner, Will iam and Elizabeth Annstrong, for inclusion into the City of Cherry Hills
Village Sanitation District. This applicat.ion is for lhe south ½ ofBlock 21, cast 1/, of
vacated High Street adjacent, Cherry Gardens, Arapahoe Co unty. The lot has R-1
Rel.idcntial Zoning with no proposed change on 2.3 acres. The property is located at
4595 S. Vine Way.
Mr. Higday moved;
Mr. Cassidy seconded:
Ayes:
Nays:
Members absent:
Motion carried.
To recommend Council approval of a Bill
for an Ordinance approving lhe Supplement
for inclusion into lhe Cherry Hills Village
Sanitation District for lhe owners, William
and Elizabeth Armstrong at 4595 S. Vine
Way.
Clark, Moore, Higday, Cassidy, Wiggins,
Woodward , Oakley, Habenicht
None
Bum s
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• The Board adjourned at 6:25 p.m
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The next Englewood Water and Sewer Board will be held Tuesduy, July 8. 2008 01 5:00 pm. in the Community Development Conference Room Respectfully submillcd,
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Cathy Burrage
Recording Secretary
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hNGLEWOOD WATER 8 SEWER BOARD PHONE VOTE JULY 7, 2008
A phone ,·ote was taken from lhe members of the Englewood Water and Sewer Board for
the June I 0, 2008 minutes :
Mr. Wiggins moved;
Mr. Clark seconded:
Ayes:
Nays:
Abstain:
Motion carried.
To approve the minutes of the June 10, 2008
Water and Sewer Board m:eting as written .
:lark, Higday, Cassidy, Wiggins ,
Woodward, Oakley, Hal>enicht. Moore
None
Bums
The next Wntcr and Sewer Board mceling will be held at 5:00 p.m. on Tuesday, August
12, 2008 in the Community Development Conference Room .
Sincerely,
~ fl.-,NtA~
Calhy Burrage
Recording Secretary
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RY \l1IIORIIY ORDIJ-AJ\CI: ,o SERIES OF 2008 COL',CIL BIi L NO 2: IN1 ROOLCED BY COU:-ICII MEMBl:R ____ _ ,\ BIi.i FllR A!': OR.OINA.'ICI: AMENDl}IG TITLE I l. CIIAPTER 2. SECTIOS 4, SUBSECTION 8. OF
TiiE ENGLEWOOD MUNICIPAL CODE 2000. ENTITLED "PRIVATE SEWERS.
CO~'NECTIONS AND REPAIRS"
WHEREAS , whee a house is dernohsbcd. wuh plans to rebuild a new house. n-.anngcmcn1 or
sel'er SCl'\1ccs has 1-1 an issue; and
WHEREAS. sev.-cr sel'\1ce bncs con be lost or damaged dunng a demohuon \\ithout a correct cut-
off: and
WHEREAS , the passage of this Ordinance will rcqum: an mspecuon of sewer service hoes at
demolition to prevent such problems; and
WHEREAS, tbc Englewood Water and Sewer Board recommended approval ohhis amcndmem at
us JWIC I 0, 2008 meeung:
NOW, TiiEREFORE. BE rr ORDAINET) BY THE crrv COUNCIL OF THE cm· OF
ENGLEWOOD. COLORADO. AS FOLLOWS:
~-The City Council or the Cny or Englewood, Colorado hereby authorizes amend mg
Title 12. Chapter 2. Section 4, Sub5tcuon B. of tbc Englewood Municipal Code 2000 tn1iJed
~Pnvale Sewers, Connections and Repairs" to read as follows:
I 2,.l~: Privllt Sewti·s, Connectlons and Rep•lrs.
8-Q,',I PI'I "'" Se>••~ Old pn••1• &•·-"'8.' he YSIEI IA OOBll!M!ll0R u<uh lie ho1li11ftg!I
•Illy· ·ho11 lhe1• au HJuad 10 moot 1111 f<lljlllf•mMI• hor,i11 and selely et the risk ef•he YS@rt
elli!I 1!11!, eld poi 'ill@ set o,s shall be plYggtiil 11 1l1e YSor's •~p@RS@ "1'"" llisee111~
er oeP•iee. The plYg in 11,o eld P"'"le se er mYsl l,o i115peo10!EI and app,a ed P.tlll+pkln
.., "' .,,. t11'ij!eil11BR fee u~II he elwt:ed h)' llhl C11y.
a Old enmcr s,,,w Uron dmwlnm o{ao r'<1$1t PK aructurs or reptacemcn1 or sewer
hnes the use of c;sist1IllLOi ftlling cast 1mn clax ulc wconcms es KOJC£ oim Wltl
QDl be P91WllW bx lhc Cilv at pew buildmgs Thcolti sswq SSDJCC WU➔l he replaces:!
from ,11p bujldmg Jo Jhe mw11 ll'ilh.lll1lllllICll..mfls: °'YJlct/occµpants o(mgtjg wbo
dcsjrc JO replace a Qljl)dUll1 Wilb the jptcpt 19 PSSYPY II JhSMclvCS may sec)uy~
from the Water andSc».cr,,Bmrd 1C1hc c:S1~uv oiPS ;, found hv Uuliucs Dep;y1mcnl
insRSclors to be in sound coruhtion YliHlics Peoartmcnt mspectoa m,.v reguirs All
DC£CSSD' Id$ IA smc;lusixsJy estabhsh the cond1tum pf lhe cxisliOR ti ws sgyice moe
Abandoned Private sewers 1haH be Plussed at the sewer main and 11 the uWt cxggug
smsm.d1SP!irnaJS ?f Knies The PIUS pf the old Private ICWS must be iruiPe:ttd and
llQPrpycd by the .;nu plan reyjC)½'. owl jpspecijon fee .will..bu~ lhuJ1x.
Exmm• xwer wkl1e 0c m C<IIIIIWl~,~~·ct~~c.d
b)' l.mh11,, IXW!JJl!l'lll lll'~lOJl..JUo aba11donerl sc,, ,-r "'•' M t~no.u,lu.1:1:,'II .ii Ilic • !ffi!lt 111lblll .ll/. da)?. II~ (filJn•y 3rform lh~ d1~nne.:11,,n nnd nID chari;c lllllf anJ !!lil!WJl"-lll:~l\lJlC!l)'_CUbur 1hroui;h 1hc.ne___,\\.ill;11lnr qunPCID'.l,l:.,11~L.hill ~f h) hcq au,r~,·i1lcdJnJ.}..I 0·2 l;l,tr, Sc-cuon 2. Sof1,1\ Clauses. 1 he ( ry Cour.c,1 herehy finds. de1em11ncs. and declare, 1ha11h1, C>rdmancc L' pr ,mulg;,ted under !he general pohcc pcme: ,,r1he l'lly of Englewood. 1h01 11 " promulgated for the health. safety. aud welfare of 1hc pubhc. and that thi s Ord inance IS necessary for the µ:esef\·a:iou ofhc.-ahh ,ind safety and for the protection of pubhc convenience and
welfare. The l 11y Council furt hur determine; 1ha1 the Ord inance hears a rntionul rc lmi on 10 the
proper lcgislath c ohJcct sought 10 be obtained
Section l. Sc,qabili1y. If any clause. sentCJICC, paragraph. or prut of this Ordinance or the
applicauon thereof to any person or circumstances shall fo r any reason be adjudged by a coon of
compelent j unsd1r 11on invalid, such Judgment ~hall not a ITcct. impair or invalidate tho remainder
of this Ordinance or 11s applica11on 10 other person,"' c ircum•tancr
Section 4, (nconsistcnt Ord,nanccs. All o ther Onhnanccs or poruons thereof inconsistent or
connicting w,th this Ordinance or any poruon hereof arc hereby repealed 10 lhe c,ctcnt of such
1oconsis1ency or connict
~ fil(ei;J of repeal or modification The repeal or modilicalion of any provision of
1hc Code or 1he City or Englewood by !his Onlinnncc shllll no1 release. extinguish. alter, modify,
or change in who le or in part any penalty, forfeuurc. or liability, either civil or crimmal, which
shall ha,·c been incurred uodcr such provision. and each prov151on shall be treated and held as
still remaining m force for thr purposes of sustammg any and all proper ocuons, suns.
proceedings, and . rosccutions for lhc enforcement of the penalty. forfeiture. or linbilil y. as well
ns for the purpose of sustaining nny judgment. decree, or order which can or may be rendered ,
entered. or made m such actions, suns. procccdmgs, or prosccuuons
Section 6, ~ The l'•imlty Prov1S1on of Secuon 1-4-1 EMC sh.ill apply 10 each and
every violation of this Onlinancc.
Introduced, read in full. and p.1Ssed on first reading on the~ I st day of July. 2008.
Published a.<• llill for an Ordinance m the C11y's official nc11sp.1pcr on the 25" day o f July. ~OOS
Publish ~'!! n, ll 0111 for 1111 Ord111:111ce on the Cit y's official website beginning on tl,c 23rd day of
July. 2008 for thmy (30) days,
James K, Woodward . Mayor
t,ITEST:
Loucnslua i\l'llis. Cn y ('le,•
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I, I oucnslua A Flh,, Cuy Ocrl or 1hc C,1y of Englc,"1od. Colorado, hcrcb) ccn,ry 1hn11hc ahove nd forei:0111~ 1s a lrue copy oi a Bill for an O-dmance. introduced, read m full, and pa ed on tirn re.-dmg on 1hc 1 I• day of Jul). 100 . Loucrishta A. Ellis
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COUNCIi COMMUNI CATI O N Da le: Agenda Item: Subject: iuh 2 1 ~OOH 9 a Ii Pi,llh.• RI\ Pr ProHrnm [ nd.m~~'t'"tf ~Pt'\ It>-\ ;t,.t t lnili aled By: I Slaff Source: U1ol ,11~s D~pJrt 111 en1 St•\\Jrt 11 fond,, Dore<.tor ot llulitt,;;,
COUNCIL GOAL AND PR EVIOUS COUNCIL ACTIO N
Cnu,ml ,1pp1t11ed [ngle\\ood's p,irlll!p,111011111 the Pl,1t1t· RI\ ~r Program ,l t tllt'or MJllh 5. ~llU7
mrl'ilnf\.
RECOMMENDED ACTl ON
n,e Wa ter and Se1>er Board, al thei, lune 10, ~008 meell ng. recomm ended Cmmcil ,1ppro1d l ol
Englewood's part,tlpatioo In the Soutl Plalle Water RelJted Atti\ ,ties Pro,vam
BACKGROUN D, ANALYSIS, AI\J D ALTE RNATI VES IDENTIFIED
Th._. Sotllh Pl,1 1te W,1 te1 Rela ted Actl11ties Program ISPWRAl'J wa, 1o rnwd lo improl'e th e h,tbila t of
lhl' lull owlng endangered speci,•s -the interior least tern \\itooping crJne, pallid sturgeon and the
lhrea te nt.'d piping pl01 er. The Smt ih Pl,111 e W,11 , r Rl'l,1ted Acuvllies Progr,1m iS PWRAP) would
im prOI e th e habita t, h\ pro, idin)l morl' I\ at,•r In the rnlll ,11 ,uea along the Plane Ri, et in Nl'h<,1s~.,
Th e Deparlmenl 01 the lntenor is fumhng h,1lf ol the program. dnd throuw, the Corps 01 EnRlllet', .,
isSUl>s 404 Pemuls for users along th e Plane R1l'~r. The,e pem111 s .ire m,1nd,1 1or)' lor 11ms1ruc 1i nn,
rep.1lrs or prllJe<.ls ,n or ,,long the Plant! Ril er.
This is the setond yeM ol Jn ongoing l l-11;.ir pmp;am TI,e Wa te, Bclilrd h.is ,1>com111ended 1IMI
Cit\ Counnl e11,1bl~ tlw Ci t\ M,111,1 ge1, o r h,, llesl)lne,•. In lw ,1 hle 1r, ,e"""' ,1ud p,1y 1111 th is
proArtllll in tlurt: om .... \ t',1I lncremenl ..
FINANCIAL IMPACT
f n~ll:'\\Ood 's pm11or1 Pl tlw ~on;-~1~:,ith,_~111 1:•,11 1rn 1lw pio~r,11 11 Wtl ~ S~lJ. I H(),5~, ,,Ith 1lU anrnMI
..l)~l'ssm._in l tm 11~, t"o.lh . Fu lure .. W)t'\~Ult'nt amounb fh\.l l o mµutt."d un trt:.lt~d ,, d.'tt ust> Jmf tlw
number 111 pa1 111 11M111 , ··"'" tlw SPv\lRAP P1uw.1111 Tiw WO/l ,l>W "~" ,tnHllm l is SJ; ~75 .0 4 .
LI r OF ATTACHME TS Suu1h Pla ne Wa1i,r Rt'la ted Ac ti.l11e,, Program Assessmen t lmoice M,111,tes from the lune 10, ~008 Waler Jnd St'\, r Bo.1rd "-1ee ting(reter 10 cop\ included '"th 9 d ii Ri,suhs of 1he ful\ 7, 1008 Wa1er and Se" er Board Phone Vo te (refer 10 copy Included "llh 9 a 11 Proposed Btll f0< an Ordinance •
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A. Instructions South Platte W ater Related Activities Program, Inc Municipal (Class M) Membership 2007 Reporting Form & Assessment Invoice
l'leae II ln la loml tneWng ambelSlltp l'llormali0n, wa:er usa data, and lie assessment as calculaled Send payment b ,caw
SPWRJ>P annual assessmeol lo Ille addrt5$ isled al lhe bollam of !his l0rm.
Municipal Member Entity
Mailing Address
email Address
Phone Number
Submitted by
Title
City of Englewood
1000 Englewood Parkway
Englewood, Colorado 80110-2373
slonda@englewoodgov.org
303-762-2636
Stewart H. Fonda
Director of Utilities
B. Treated Water Use (previous ~yea-average (2002-2006)
Dale
Nole: A mernbel's water use lar purposes of defining lhe number of si9e-lanly equf'31enl !lpS lar SPWRN' is defined as
·any haled-dlhaleslnnSGl.ltleSalwller owned by lie member.'
(Al {Bl (C) (D l = A+B + C
T reattd w.ter
Year Production at Additions • Subtractions • T otaf Treated
Member'• Plant ' Water Use
(acre-feet) (acre-feet) (acre-feet) (aae-leet)
2003 8,184 8,184
2004 7,344 7,344
2005 7.921 7,921
2006 8,020 8,020
2007 6413 6,413
37 ,882.00
5-Y&.r Average Adjusted Water UH • 7,576.40
1 The amMI OI Uealld Waler picw:ed 81 jCIII IOIM(s .. nalmenl facily r1 My)
' Md a,y ffltlecl WIier Ila! Is owned by your enlily but telled by anot,er enllly
• ~ any-nalld II ,caw tacllylM nol OWllld by IC"' enily
1 Equals Ille sum divided by the number of years reported.
C. Calculatlon or Single Family Equivalents, Membership Units and Annual A1&essment 1. Previous 5-year average (2001-2005) Treated Waler Use (acre-leet) 2 Use per S. F Account (aae-feeVSFE) t 3 Single Farniy Equivalents (No. 1 / No. 2) 4. SPWRAP Membef Units per SFE t 5. Total SPWRAP Membe!shlp Unffs (No. 3 X No. 4)
6. 2006/2007 SPWRAP AssessmenVUnil t
7. 2006/2007SPWRAP A11nual Assessment (No. 5 X No. 6)
t Nt.mbers 2, 4, & 6 above 11e lxed ro, al members in 2007
D. Payment of Mlffamtnt
Payment of the annual assessment will provide membership In SPWRAP and coverage under the Platte
River Recovery lmplementaUon Program lhrough the calendar year 2007.
Please make checks payable to 'SPWRAP" and send lo lhe following address:
SPWRAP
% Northern Colorado Water Conservancy District
~'O Water Avenue
Btr:houd, Colorado 80513
Nole: 1'lrl$ IIPOtfli,g /om> m,y be tr.Wd i> /he AIIJIW to 19/Jed ilkJnna6on needttdto coo'1'),wlh Plogtam,-quiwnents. Edi/es
elecmg lo join tlJ,r 'J(X)7 wit be ttqll/rtd to PllY the assaWllfll/ for the )NI' they Jo{n the /JIOVllll In ldditJtNI the /ff member
must~ m,mn, lot., pt/of rt111 d the Program, pu 4" ntl8SI. COllflOOO(fed ~-
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IIRDIN ,\Nt L 1\0 SERIES I lF 11Ml~ BY Alll llORI I \' A BIi.i FOR ('l>UNt 'II 1111 L Nit ~5 11' rROOl '('H) BY l'OllM II ~IEMAl:R AN ORDINANl'F ENABLING THE cm MANAGER OR HIS DESIGNE" TO
RENEW AND PA\' TIii'. Cl IYS l'ORTI ON FOR AN l"ITERGOVERNMl:NTAI
A(,REEMENT ENlTI 1.1:.D "111E soum PIJ\TT L \\ATER RELATED ACTIVIT IES
PROGRAM , INC." (SPWRAP) FOR THRFE ONE-YEAR INCREMF.NTS
WHEREAS, m 1997 lhe gC1,emors o flhe slai es of Colorado, Nebraskd and Wyoming
signed an agrcemcnl wi1h the 0..'J)3nmem of ln1enor 10 improve 1he habi1a1 of
endangered species along the Plnuc River ond 1rih,norics. which ogreemem pmnuscd
pnnicip;ition by 1he users of the Plalle River in ,ollh state and the Federal g0\'ctnmcn1:
and
WHEREAS. one aspect of this •l!'ttnlCfll is a program called "South Plaue Wa1er
Rclntcd Ac<h•i1i es Program , Inc." (SPWRAP), o nonprolil program which was sct up for
the purpose of coordinaung cffons to benefit 1hc cndan~crcd species along 1he Plane
Ri ve r: and
\VHFR EAS, m r.chnngc for pnni cipation in this progrnm. wnter proJects by the water
u~rs "'ill require relatively liulc effOl1 for funl,cr comphnncc and will ha\'e ,;ome
pred1e1abilny 1n rcl3uon 10 complinncc wnh 1he "Endangered Species Act": nnd
WHEREAS. each wn1er use,-s ponion 1s detcnmncd by the amoun1 of ,w,1cr used in
the past five years as th111 effcc1s 1hc "l'nda11geml Species Act": and
WHEREAS, 1hc State's panicip:1<io11 in the program comes with nn annu:il
asscssmt,n for water users \\ lucll 1s adjusted annunlly dq,etiding on ,he a111oun1 "f \\alcr
used on 1hc previous five year,,, and
WHERI .AS. the Ocpanmcnt nfthc lmcrior 1s funding lml f of the program. a nd
through the C'<>rps of 1'11gincc-rs. is.•ucs 404 Pemuts for u.crs along the Plane Ri,cr, these
pcmul!t arc mmxlnlory for com,1ruc1ul11, 1epa1rs ,,r pmjec1s m ,,r nlon~ 1he Pli111 c Rl vrr:
and
WIIERl,AS . 1hc Fnglrno,~l C'i1v Council au1huri1A1 lhc t'ny"< ran1c1pali<111 in the
··South Plane\\ ,lier Rcla1cd Acll\ i11cs Program. Inc " (Sl'WR,\Pl for 1006-2(107. "11h
1hc pasSOJ.< of Rc,n lu1 1011 No. 39. Series of 2(/()7: and
\V Hl:REAS. the asscssmem for lhc fi1>1 year wns $29.18952. wuh 1111 annual
as.,cssmcnl for I \,years and l'nltlcw0<•l', 2008 a.,esscJ amount is S27.175.(l4: and
WHEREAS. 1he lu•ure a.'<Scssn,cnt amounts arc computed"'' treated \\atcr US<! nnd
1hc 11u•nbcrofpan1c1p.,n1s \\llh the SPIVRA I Program: and
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\\ Hl:Jl t:AS. 1lus Pn>i--m111 ,, .111 ,111-11,•11111 13-)car pn'l!J11111111th ~OOK hem~ lhc ?" >•· r. Rcsolu1ion N<> 39. 1007 nwro><-.1 and au1ho111ed 1he lir..1 pa)n1en1. ho11e,cr. 1he r""'"" or 1his Ordman,e ennhle, 1hc l 'II) Mana~cr or l11s design,..:. 10 he able 10 rc11c11 and pay for llus program 111 lhrcc. onC•)car 111crcmc111s: and WIIEREAS. 1hc En11lew1IO(I Wa1cr ,ind Sewer Board rc'\:ommcndctl 1hm t'11y Council cnahlc the Ci1y Manager. or hi, tlcsignce.10 be ahlc lo renew nnd pay "nglc\\ootl', po111011 for lhe SPWRAP Prngra111 for lhrec one-year incrcmcnls al i1s June I 0, 2008 llllCling:
NOW. THEREFORE, BE IT ORDA INED BY THF. CITY COUNCIi OF Tl IE C'I rY < lF
~NGLEWOOD. COLORADO. AS FOi.LOWS:
Scc1ion I. The Ci1y Council M En~lcwood. Colorado hereby appro, e, and
aulhonzcs the Ci1y Manager or lus dtsij!IICC be able 10 renew nnd pay for 1hc City's aru1ual
assessmen1 for the ··Sou1h Plane Rhcr Wa1cr Rcla1ed Ac1ivi1ics Progmm. Inc." in 1hrcc. one-
year incrcmcnis.
ln1mduced. read in full. and passed on firsl reading on the 21s1 day of July, 2008 .
Published as a B111 for an Ord1111111ce m 1hc City·s official newspaper on 1hc 25• day of
July, 2008 .
Published as a Bill for an Ordinnncc on the Cily's officia l website beginning on the 23••
day or ,Jul y. 200 8 for thiny ()0) days.
ATTEST:
James K Woodward. Ma)-or
Loucrishin A. Ellis, C'ity Clerk
I, Loucrishia A. Ellis, City Clerk of 1hc C'ily o r Eng lewood, Cnlorn<ln. hereby certify
1 hai the above and foregoing is n tn1c copy or a Bill for an Ordinance, inlroduced. rend In
ful I. and passed on first reading ,,n lhe 21 •I day of July, 2008 .
Loueri,lua A l::lhs
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COUNCIL COMMUNI CATION Dale: Agenda 11cm: Subject: lull • 1, 1lJllll 9 a iii R~~~1,e-o, lnlt""rt»SI h I mJHlldll\ .1 ~t°'\\ er hu,,. al Rn,•rpoinl •• Sherrd,,n lniliated By: I Staff Stlurce: UtJhti,;s 0., ,.,r1m.,n1 S1.-.1,ul H. Fond,, Dtre<IOf ol Uuhoe-.
COUNCI L GOAL AND PREVIOUS COUNCIL ACTION
Res olution ado p1 ed September 18, 1951, recorded Jul, 3, 1'154.
RECOMMENDED ACTIO N
The Water .md St!\1 er Board. a1 th err lune I 0, WOB meeting. recommended Counc,I appro\'e the
release of interest granting pem11ssion 10 Install •nd, onnect a St!\1er main on Engle,1ood 1hrough
the Cily of Sh ridan.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTI FI ED
Wemgarten MIiier Sheridan rs requesti ng 1hat lnglt!\,ood release Its l111er..st 111 the ngj,1 to ,nst.lll
,111d malnt,un a sewer line undt'r lot t , Block (>, Riverpomt at Sheridan F1hn11 No. ~-Ace ordtng 10
Tom Br~n.ln, Uulmes f ni:rneer, the St!\, er hne 11,,s remo, ed dunng contruc tono of die Rn etpoiot
Projec t i11 Sheridan.
The Cil)' Auorne)''s clep.utment h,1s re, 1e11 ed .,nd a ppr en ed the request ,111d no tes tha1 tho; 11 ,is not
an ea<emen~ bot a nght or,gsnafl-i granted b\ resolutK•1 \Ve,ngarten Miller Shemlan rs maling die
,.,quest because th e original resolutron appears on the pl.ll as a t,tle e,ceplK)O, and heuuse the
hne no longer e'1Sts, 11 should he 1et11m ed from the trlie
FINANCIAL IMPACT
LI ST OF ATTACHMENTS
M,11 ~'l. W\16 le tter fr om tonne, Shend,1n Cit\ M,mage, Mike Cvpp
Mrnutes 110m lhe lune II,. ~U(lll Waler and Se,, e,-Board /\ lt>etong (11,ler to, op\ Included 111d1 ~ ~ ii
Results 01 lh e luly 7, :oos Waler ,tnd Sewer Board Phone Vo te 1re1e1 lo <"I>\ included II oth <J ,, 11
Cop, 01 SherKl.m Resolubon
• Pouposecl B,11 for ar, ()rdon,111<~
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@CiCy of Sheridan
May 29 . 2008
410 I S. Ftd~ru l Bl vd. Shen dun, CO ~O I I (l 303-762-2200
Englewood Water and Sewer Board
Attn . Kathy Barrage
Englewood City Hall
1000 Englewood Parkway
Englewood , CO 80110-2373
Ladles and Gentlemen:
Please consider this a request for the City of Englewood lo release Its Interest in
the right to maintain a sewer line under Lot 1, Block 6, River Po int Sheridan Filing
No. 2. This right was granted In a 1954 resolution of the Town of Sheridan. It is
our understanding that lhe sewer line has been removed with the consent of the
City of Englewood . The reason for this request is to remove a rtoud on the title.
Thank you for your considera tion.
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111111111
Harold Ganer, Mayor (Cor;,. See.l) Attest: Ross R. Lakin, Town Clerk 'I'( RESOLUTl Oll Adopted: Rec'd: ~ ~~ ~ Sept, 28, 1953 July 3, 1954 REl:I'l'ES 'nle City ot Englevood, Colore.do1 a Mwncipa..l Corporatioo of the Sec011d Class, is cocstructill8 a Sevage Disposal Plant in an arlla !lorth of the Tou-o of Sheridan, and · In order to connect certe.in collection Mins in the City cf
•Englevood Vith said plant, aod in order to fulfill a contract \11th
the South Englevood So.ni tary Sever District and cOMect Vi th the main
transi:dss1oo line or said Distrir.t to treat aevage therefrom, it U
necessary that the City or Ellglevood lay a sever main through ct?'taio
df the streets and alleys vi t.'lin the tavn 111111 ts or the Town of
SheridD.n, o.nd
'nle City or Englevood bas officially requeoted pennisoion of the
lloord of Trustees of said TOllll of Sheridan to lay said sever main
through certain specific streets and e.l.l.eys Vithin the Tc\111, and
The said Tovu of. Sheridan is villing to grant aaid perm1s5ion1
THEREFORE, BE IT RESOLVz:D that permission be, and it is hereby, . granted
to the City or ED&lev o¢, Colorado, a Munic ipal Corpora1:ion of the
Second Class, to i11al.&ll, repair, maintain or remove an 18" sanitary
sever line v1 thin the llmi ts of the TOllll of Sheridan frcm a point 15
feet Jlortb or the intersection or the existing Soul:b boundary of \lest
Jefferson Avenue to the West rigbt of vay line o! South Santa Fe Drive;
thence \lest on \lest Jeffersoo Avenue llio feet, more or less; thence
North in, through and under the public all~y in Block 2, Petersburg,
!forth to the South rigbt or vay line of \lest Hllllll)den Avenue .
Thi s permissioo is granted upon the agreuoent tbat said City or
i:nglevood replace 1:be s urface or the street a.'\d alley affected a.s nea..
as posa ible in the same c011dition in \lhich it is prior to the installation
of said line . Permisaioo herein grunted is perpetuo.J., and furt.her grants
unto City of Bnglevood the rigbt at all times 111 the future to perform
all necessary maintenance a.nd make MY necessary :.-epa.irs to sGid des-
cribed line, including the removal thereof, aubJeet, hovever, to the
condition hereinbefore set forth that the street or alley be replaced
as nearly as possible in the condition in vhich it vas prior to maintenance,
repair or relllOYILl ,
In consideration or the permissioo hereby granted, the Cit:, of
Englevood vill allOII property avners in Block 2, Petersburg, only, to
coMect Vi th said 18" aani tary sever line, at t.he expense o! said pro-
perty 0\/llers, and \/ill charge the property Cllllers in sa.id block f or the
treat.meet or sevage t.he so.me rate charged inh&bi tants or the City of
Englevood, plus ~. Thia agreement by the City or !lDglevood aball be
pupetua.l, but should it be necessary to levy a general 1:ax in the City
of Englevood upon the iohabi tants thereof for expansioo, maintenance or
repair or Englevood 's Sevage Disposal Plant or the line to vhich users
ln Sheridan are connected, t.heo &nd in thot event the rate for trcntment
may be raised to fix the same at a point vhere users in Sheridon are pay-
1 og the s11111e rate as those 1 n Englevood, plus 201,, plus the cqui vnlcn t
of soid general tax levy .
.. contio~ .. !!IIUIIIIU 11
§ = I I
I --=-= II I f--~ 1111
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::<.>5-377 .. conti nued ..
11111 1111111 11 •,•0 ·.•11 ! I u1111111111 11
,I = = 11
Service to uaers io Sheridan shall be bnsed upon indi viduaJ c on -tract for the reo.aoo that the C1 ty of Englewood is iiot engoacd ir. the treauneot o! aevaae as a public utility, a.nd service ahall be allowed only those persooa in Block 2, Petersburg; no ma.in extension or taps to other perscms sb&ll be ill0111ed except by express and special per-mission ot the City Council of the C1 ty of Englewood .
. ,Attecbed Is ..
"I, Rosa R, Lakin, Town Clerk o! the Town ot Sheridan, Colorado, do
hereby certity that the foregoing RESOLL'l'ION 1s a t rue and correct
,; copy of a Resolution, duly and regularly adopted and a pproved by the
Board ot Trustees &lid the Mayor of the Town of Sheridan, Colorado 011
the 28 _ day of September, A, D. 1953.
Roaa R, Lakin,
Town Clerk."
"The 1'orego1Dg ResOl.:ti nn was approved and the tenns thereof ratified
by the Cit y Council of the City of F!nglevood Colorado, on the 8th day or Sept., A, D, 1953,
-----..
J . L. 114rron,
City Clerk of the
City of Englewood,
Colorado.
( otf1c1al Seal)".
: I E=• .. :cS II
ii § ~ I 111
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ORD l:S:AJ\t I l\t l Sf-RII s or ltMI, BY Al'IIIORIIY ,\ 011 I FOR COllNC'II BIi I NI I 1 I IN I ROl)llt'l:ll BY t'OUJ\l'IL ~IEMllf-R ,\.'>: ORUIN,\NCr ,\LlTIIORIL!Nv fl 11· REI EASE OF Rim n I U M,\IN IAIN ;\
SEWl·R 1111/E AT RIVERPOINT AT Slll;RIO •\N.
WI IEREAS, n r1gh1 to install and maintnin n sNer lmc was gr,uuco by the City of
Sheridan 10 the City of Englewood on Scptcmhcr 28. 1953 by the pas.,n~e o f II Sheridan
Resoluuon: ond
WHEREAS. \\'cingruten Miller Shendan has requested that the t'ny of Englewood
release us interest ,n the nght because ,n appc.,rs on the pint as a tttlc exccphon but the scw<-r
line no longer e~tsts: and
WHEREAS. the City of Englr.wood Utilities Dcpanment has confim1ed 1h01 this sewer
line was removed during construction of1hc Rivcrpoint Project at Sheridon: nod
I', HEltEAS, the passage of this Ordin ance nu1horizes the release of a right to install and
maintaln the SC\\ er line at Riverpoint at Shendnn which was granted hy the City of Sheridan
10 the Ctty of En{!lewood in 1953 by Shendan·s Resolution; ~nd
WHERl:AS. the EnglC\•ood Water and SC\<cr Board. at th<,r Jun, I0. 200R meet mg.
recommended Cny Council au1hori1.c the release of nght to nia,1110,n the sc:\\er lmc at
Ri,·erpo tnl at Sheridan:
NOW, TIIEREFORE. BE IT ORDA INJ,I) BY TIIE CITY COUNCIi 01' THE CITY OF
ENG LEWOOD. COLORADO. AS FOLLOWS ·
~ The City Council of the C'tty of EnglC\\ood. Colorado hereby nuthon.u:s the
release of a nght to install and mamtam a sC\\cr line under I ol l. Block 6. Rl\·t'fl'(>int at
Sheridan nlm)! No 2 because the s...-wer hne no lonpcr exisls. a, sh<>wtt on l'dtibit I
ln1mduc<-d. read in full. and rassc-d 011 first r<·admg on the 21,1 d11y nf July. 200R .
Publis hed as a llill for an Ordinance in the l ·i1y'< official 11c11 spllpc111111hc 25'' day ,,r
July. 2<Hlk,
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J>uhh hl:d o a U,11 for an Ordmon,e nn the Cu,· 00ic1al "ebst1c bcgmnmi; '"' the 2.lrd <lny 1'1 July, 2(XI for1h1n)• !JO) da}!> . James K \\'ood\\1rd. fa)or
Loucri h10 A Elli . City Clerk
I, Loucnsh,n A 1:lhs. City Clerk of the City of Englc"'ood. Colorado. hereby cenify Ihm
rhc above ond forcgoin~ ,s o true copy of a Bill for an Ordinance. introduced, read in full .
and pas cd on first rending on the 21" day of July. 2008.
Loucrishia A. Ellis
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RH h\SI AND \',\l'AIIO~UI b\ E~JL;,,.J 11 IIS JU I I \, I \ 0 \I At'A 1111 0~ A llTII 111' EASEMl'Nl I\ n1JJc 1h" J;1, nt • 21Wl • lw 1hc CITY OF l:Nl;LE\\'OOD. COi I >RADO, \\ l~l,e a<ldrc:» is llkk1 f;;"l!Jc,H>oo P. rl.'\,;1). ln)!l;, .. >Od . C<>lorado 'OJ 10.101he (HY OF SH~RIDA1'. \\IW-.c .1d<lrc, ,,. ~ IOI . \Ulh I ,-demi lwulc,nrd. herubn. Color.id,, 0110 The l'nn, etl\Cnanl and Oi!JCC as folio" 61, emcnt l'ropcn) TI1c "J::a,emen1 Propen) • shall mean 1he real property loca1ed Ill
lhe C"OUIII) of Arapahoe. Stoic of Colorado. more pan,cularly descnbed as on 1hc
Legal Dcscnpuon ouach~ hereto as Exhibit A. cons1 ung of1hr« ( ) page;, •kl
1ncorpom1cd b) reference hcrem.
2. (,'01mderauon Grnncor makes th is Gmn1 as a g,fi wi1hou1 con 1de m1,on other th, n 1hc
ket.-pmg by Gmnicc of lhe covenams and agreemen1s co niained herein .
3. A righ1 to ins 1all and maimain a sewer line was grar,:ed by the City of Sheridan to the
11 y of l:nglcwood on Sep1cmber 28. 1953 by the passag e of n Sheridan Re so lu1 ion .
4. TI,c C11y of EnglewC'od Utili1ie• Depanment has confomed thal 1his . ewer line was
removed during onstruction of1hc Riverpoint Project at Sheridan .
6
TI1c City of Englewood hereby releases the right to install nnd moi ntnin the ~ewer line
111 Rivcrpomt in Sheridnn whi ch was granted by the City of Sheridan and vacates any
o,soeintcd casement os sho wn on attached fahibit A .
llinshng Effect . This Relea se and \lecauon shal l extend to and he binding upon the lmrs,
J)CfSOnal rcprc entau,·es. suecc snrs and assignees of the res?"C1i,·e ponies hereto .
IN WlTNF S WI IEREOF. the parties hereto h>ve exccu1ed th,s Release and Vacation Of Easement
the day nnd }car fir I above wrilll'll
cn-v OF E GLEWOOD. COLOKA
1 A TE Of t'OLOR.AOO Jan,es I. Wnod\\, rd. Mn)(>r
l he forci;um~ Ut<,trumenl was ackno., Jedg.,.J hcfore me this __ day 11f ______ _
WO~. h) Jarn,-s K . \\'1>0<h\nrd n ta yor of1he Cu) of Fngle\,(10()
l\',tnes, my hand and oflic,al seal
Notnry Puhli c
E X 1, I B I T
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EXHIBIT A SIIEET I Of 3 LEGAL DESCRIPTION A SANITARY SEWER EASEMENT AS RECORDED IN BOOK 865 AT PAGE 377 IN TttE ARAPAttOE COUNTY ClERK
AND RECORDERS OFFICE ANO LIES WITHIN LOT 1. BLOCK 6 OF RIVER POINT AT SHER IDAN SUBDIVISION FILING
NO 2. AS RECORDED AT RECEPTION NO, B7 158299 IN SAID CLERK AND RECORDERS OFFICE AJ::jD BEING
LOCATED IN THE NORTHl/iEST QUARTER OF SECTION 4, TOWNSHIP 5 SOUl'l1, RANGE 68 WEsf OF THE SIXTH
PRINCIPAL MERIDIAN. CITY OF SHERIOP,li, COUNTY OF ARAPAHOE , STATE OF COLORAf>O. BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS·
,,._
COMMENCING AT A WITN ESS CORNER, BEINGS 89'56'50" W, 50.14 FEET FROM THE CAI.CUIAT?:D POSITION OF
THE NORTH QUARTER CORNER OF SAID S~CTION 4 AND MONUMENTED BY A 3" BRASS CAP STAMPED
"LS 22571', WHENCE THE NORTHWEST CORNER OF SAID SECTION 4, BEING MO NUMENTED BY A 2-1/2" ALUM INUM
CAP STAMPED "LS 11434", BEARS S 89"56'50' W. A DISTANCE OF 2605 26 FEET FORMING THE B'-SIS OF BEARINGS
USED IN THI!' DESCRIPTION; THENCE S 61'58'13" E. A DISTANCE OF 1136.69' TO THE NORTHERLY LINE OF SAID
LOT AND ALSO BEING THE POINT OF BEGINNING :
THENCE S 73'56'43" E, Al.ONG SAID NORTHERLY LINE, A DISTANCE OF 12.00 FEET:
TrlENCE S 39'55'06" E. ALONG THE EASTERLY LINE OF SAID LOT, f. DISTANCE OF 95.95 FEET,
THENCE S 01"29'01" W, ALONG THE EASTERLY LINE OF SAIO LOT, A DISTANCE OF 78.60 FEET;
THENCE S 06"46'35"W, ALONG THE EASTERLY LINE OF SAID LOT. A DISTANCE OF 120.85 FEET;
THENCE S 16'08'48"W, ALONG THE EASTERLY LINE OF SAIOLOT. A DISTANCE OF 114.81 FEET TOA POINT OF
CURVATURE;
THENCE ALONG A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 02'3l"12",A RADIUS OF 303181 FEET, 'IN
ARC LENGTH OF 140 39 FEET , THE CHORD OF WHICH BEARSS 11'43'22"W.A DISTANCE OF 140.38FEETTO A
POINT :>N THE SOUTHERLY LINE OF SAID EASEMENT,
THENCE S 87"53'40" W ALONG SAID SOUTHERLY LINE, A DISTANCE OF 149.90 FEET TO THE WESTERLY LINE OF
SAID EASEMENT,
THENCE N 16'10'57" E ALONG SAIO WESTERLY LINE, A OISTANCE OF 550.55 FEET TO THE POINT OF BEGINNING.
CONTAIN ING AN AREA OF 62,642 SQUARE FEET OR 1438ACRES, MORE OR LESS.
WILLIAM G BUNTROCK , Pt.S 35585
FOR AND ON BEHALF OF
V3 COMPANIES OF COLORADO, LTD
PROJ 003038
~p~ QtfQhQ.RAOO 2399 BLAKE STREET ., STE. 130, DENVER, CQ..~0205 PH 303-989-8588 FX 303-989·9932
DENVER CttlCAGO PHOENIX
NWCOR SEC< FND 2•1,7 ALUM C~P SI AMPED "IS 11'34" ---f,
LCTilWCX/
Pb loRSIURG SUBO
/JI.AT BOOX Al,P4GE1
LOT I, BLOCK I
GLENN'S SUBD. FIL NO I
Pl.<TBOOK //J(.PAGEJ8
LOT 1, BLK S
RIVER POINT ,ff SHEIUDAN
SUIIDWISJON FllJNG NO. I
REC NO 8701160]
Scale : 1 '=80'
eo
FEET
EASEMENT TO BE VACATED
EXHIBIT A SHEEI 2 OF 3 P.O.C. BASIS OF BENIINGS -S 89'56'50' VI :/605 2f' N LINE NW fl< SEC 4 wr7,IESS CORNER FNO 3" BRASS CAP STAMPED "lS 225W
160
W TJ.BLOCU
R/~£R POINT AT SHU/DAN
SUBDll'ISION F1UN() NO. 1
RliC NO. B1/J81'9
0 INOICA TES C1W1GE OF DIRE<:TION ONt Y, HO MONUloENl
FOUNO OR. SET
AREA COHTAJN; APPROX 62,&42 SO FT ( 143' ACRES~
TIIS E)CHIBIT DOES NOT REPliESENT A MONUMENTED I.ANO SURVEY
rT IS INTENDED ONLY TO DEPICT THE ATTACHED DESCRIPTION,
CAl.CUtATED POsmo,, , .... 114 COR sec , , I.JO MONVMEl/1 Fl/0 OR SE GuRNER FALLS IN SOUTII PUTT!; Rt\'ER
-Engineers
-• S11n,eyors J}tf Uld:e Slrtd, S,ntt l 10
0tft"ff,C0'°21U
CITY OF ENOI.EWOOO SANITARY SEWER EASEMENT VACATION
' Scientists J0)fflH11"111tr
Jc,Jtn9'Ufu Constroc1io11 V)cocw, Advisors ......... , .. ,~-·---
RIVER POI NT AT SH ER IDAN
05121/2008
1· • 80'
r
I
...-. Enginel'rs
--Sllll'cyors
Scientists
~ ronsfTIJction -11" Ad1•1sors
EXHIBIT A
LOT I, BLOCK 6
RIPER l'OJNT ATS/fER/DAN
SUBDIVISION FILJNG NO /
REC. NO 11/Sl/99
--
2J.,D1ms.m.s .. 1J,O
Drnw,, CO ft0:20~
lDl9".UU...ct
CITY Of ENGlEWOOO SMlTARY SEWER EASEMENT VAC,.TION
)OJ 919 oqi, fu
Y,k,.-
RIVER POINT AT SHERIDAN
05121/2008
NTS
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COUNC IL COMMUNI CATION Dale: Jul\ l I , 1008 Ini tia ted Bi : I Agenda llem: 9 a iv Utolmes Departmem I Subject : S!luthgate Supplenwn t # lt,J I Staff Source: SW\\ .irl H fond,1 Dirt>etor 01 Uulities
COUNCIL GOAL AND PREVIO US COUNCIL ACTION
None.
RECOMMENDED ACTION
TI1e Water and Se\\ er Board, at their lune I 0, 2008 meetirig. rewrnmended CouncU adopt a Bill'°'
an Ordinance app<o\ing Southgate Supplement# 163.
BACKGROUND, ANALYSIS, ANO ALTERNATIVES IDENTIFIED
The Cit\ of Engll'\1ood pr01ides sl'\,,1ge treatment to approx,mately 31,000 accounls outside tl,e
Cit) through cont/acts with numerous c0<1nector dosUtcts. The area is deuned by the nattoral
drainage and e,tends south ,rnd ea,t from Broad\\a\ to the Valle\' High··"'\ and from Hampden to
Lincoln A1enue e,cluding Highlands Ranch. 81 contr,tc t, lhe Cil) oi Engil'\1ood must appro1e ani
addit,ons of land lo be sef\ ed bi the distncts. These Me usually in-fi ll situ ,llions that are "!thin "hat
the City considers to be the .uea ot has commuted 10 se" e. Adequate capacity has been provided
in th e treatm en t pl,ml to accommodate all such iuture intlusions Anne\,1tion 01 this parcel of l,,nd
'"" no t incre,1se the t,,p allocation of th e South g.lle Sanita tion District
A request \\,ls made by the Soulhgil te San,tatoon Distnct represenllng th e m,ner, CAW Equ i11es,
lLC. tor lnd usion ni Supplement # 163 consis ting of a parcel totahng ~.i acre,; in to th e Sou thga le
Sano tatoon 0,w,ct. TI11s ,s on rnn1u11c ti on woth a reno, ation of lht'lr residence, and the-, ar~
requ e,;ting ondusicm into the d·stnc t ror residential u,~. TI1e 1>roperl) os < urrl•ntl1 1oned resident,,ll
and no changes in zoning or use are ,mtteopated. n,e le~al "au,,ched ,1s hhohil "A', The proprrl\
is loca ted between Color,,do Boule,,,rd and Steele Street. mMth 01 O,dwd Ro,1d 111 l,reem,oocl
\ ,llage at 1111!0 E,,st I rn1g Ro,td,
FINANCIAL IMPACT
LI ST O F ATTACHMENTS
Minutes tront th e Jom e I tl, ~Otl8 Water ,11 1d Sewer Bo.ud Meetong (refer to CCII>) induded \\Ith q a ii
Results ol the luh ;, ~006 WMer and Se\\er Board Phone Vote (refer to copy included 1\lth 9 a,,
Proposed Bill ior Ordin,,nce
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ORDIN \."1CL NO SERIES m 1008 a, At.:mrnun COUNCIL BILI. '-0 31 l'\TRODlCED BY COUXCIL ~!EMBER ____ _ A BILL FOR
AN ORDl1'.ANCE APPROVING SUPPLEMENT NO. 163 TO TI!E S01,'THGATE
Sa\NITATION DISTRICT CO:-INECTOR'S AGREEME:s'T FOR THE CNCLUSION OF LAND
\\'ITHI)\ TI!E DISTRICT BCU!'<DARIES.
\\11EREAS. Soothgatc Sanuauon DistnCI rccnmmends lhc: 111clus1on of apprn~imatcly ~./ ac:rcs
11110 the District: and
WHEREAS. said inclusion is located bct11,ecn BcllCVI"" and Orchard, on the caSt ,,de of
Colorado BoulC\.ud tn Greenwood Village at 3800 East Long Road; and
WHEREAS, the zoning of llus propcny m Grccr,wood Village 1s Single Family Rcsidc11L1ol
wluch 1s lhc: proposed use of this propcny: and
WHEREAS, 11a1d annexation oftJ11s pan:c,I ofland "'ill not increllSe the tap allocation IO
the Southgate Sanit.,tion District; and
WHEREAS, the Eng lewood Wa1cr and Sewer Board reco=ndcd appro,-al of thi~ A~cnt
al 1t1Junc: 10, 2008 meetmg;
NOW. TI!EREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE cm· OF
ENGLEWOOD, COLORADO. AS FOLLOWS:
~-The Agreement between the C11y of Englewood and Soutbga1e Sanitation Distne1
enti tled .. Supplcmcnt No. 163. to Connce1or·s Agrccrncnt". which mcludcs 1 .7 acres loca1cd
between BcllC\1"" and Orchard, on the cast side of Colorado BoulC\·ard ,n Greenwood V1tla!!C. is
hereby accepted and appro,·cd by the Englewood City Council. A. copy of said Agrccmcnt is
11txbed hereto as "uh1h1t I" and incorporated herein by reference
~ ~ Ma)'Or anJ City Cieri. arc hcrd:,y nuthonzcd lo sign nnd attest. rc:sp<.-cnvcly. lhc
said Agrccmcnl for and on hchalf of the Cuy Council and the City l'f Englewood. Colll11111o.
Introduced. rrad m full. ond passed on first re:tdmg on 1hc 21st d.1) of July. 2008 .
Published as• l.!111 for an Ordinance 1n 1he Cu)'s offiai,I n""·spapcr on the 25• day of July. :?008
l'uhh. hcd a • 8111 for an Ordmancr on th~ Cttfs om 1al wchsttc hegmmn~ nn the ~~,d dn) of Jul1 . WO fort lun~ 130) d.iy ATTEST James K. Wood ward, Mayor
Laucnsh1a A Elli s, Cil)' Clerk
L Loucrishia A. Elh s, Cuy Clerk of the City of Englewood , Colora do. hereby cen1fy 1h0 1 lhc
obove and for egoing is n true copy of a Bill for an Ordinance, introduced , read in full , and pas.,cd on
lirs1 read ing on the 2JM da y of July . 2008 .
Lo ucrishi a A. Elh s
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SUPPLEMENT NO. LJ.:..:l_ TO CONNECTOR'S AGREEMENT THIS AGREEMENT, made and eniered l,110 by and between the CITY OF ENGLEWOOD, acbng by and lhr0U9h Its duly eu1honzed Mayo, and City Clerk. hereJnal:J,r called hC "City," and SOUTHGATE SANITATION DISTRICT, Arapahoe and Douglas Counties, Colorad o, herelnaher called the "Dlstrlc~" WITNESSETH: WHEREAS, on lhe 201h day of June, 1961 , the City and the Otsuict enlered r,10 an Agteemenl In ·Nhoch the C11y agreed to treat sewage onglnating from the DisUlcfs sanitary sewer sy&tem within the area S81Ved by the District, which Agreement was most
recently renewed by Conneclo(s AgrPemenl dated November 16, 198~; and
WHEREAS, said Connect0f's Agreement provides that the d,stnct may not
e ,large Its Gervlce area without !he written consent of the Cily;
NOW, THEREFORE. on consideration of the mu1ual covenants and
undenak,ngs herein set 101111, the parties agree as follows:
1. The City hereby consents to the lncfusjoo of cer1aln ad<fdion•I area
located In Arapahoe Coonty, Colotado, owned by CAW EqulUoa, LL.C. and more fully
described on Ekhlblt A attached hereto and lnco,porated herein by reference, Into
Sou1hgate Sanitation Olslrld. The Clly agrees lhat said additional area may be 5eM!d with
the sewer fadlibes of the D,sUict, and that the City wll treat the sewage dischafll8d Into the
City's trunk line from said additional area. all in accordance with tr, CoMedor's
Agreement dated Novembef 16, 1988. Acco<dlngly, Exhibit A referred to r, Par112,-ph 1
of the Connect0f'1 Agreement dated November 16, 1988, is hereby amended to lrdlde
such addrtional area .
2 Each and every olher provision of the said ConrectO(s Agreement
dated No.ember 16, 1988, shan remain unchanged.
IN WITNESS WHEREOF, the parties have set their hands and seals this _ day of __ , 200 __
CITY CLERK
(SEAL)
CITY OF ENGLEWOOO
By:
"'M,.,.A.77YO::cR::----
SOUTHGATE SANITATION DISTRICT,
ARAPAHOE AND DOUGLAS COU NTIES,
~ By·
-p~ ~
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SECRETARY
(SEAL)
£ X H I B I T
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EXHIBIT A TO PETITIOI\' FOR INCLUSION OF REAL PROf'ERTY SOUTH GA TE SAN ITATION DISTRICT ARAPA HOE AND DOUGLAS COUNTIES, COLORADO (Legnl Description)
That pan of Tracts 28 J, 282 and 283, South Denver Gardens, lying southwesterly and
westerly of the southwesterly and westerly line of the Highline Cana l together with the
North 15 feet of vacated P!aue Avenue adjoining Tract 283 on the South.
Counrv of Arapahoe, State of Colorado
Southgate Utilities • /
.,, • I • !505, _, ~-,,,,., 1,.-V'-• ......
Basemap rt:. D Ou3rtersection "" -i :~~.,.. -~ ~ ~ Sewer Inclusion --I
E.i5ewer lnclusl ... --NH
All Others ,___
'--\._ ~-D Parcel • . ·t ""' -_,, ....
Sanitary Sewer • I
,___ "" -....
Sewerllne • ""' ~~ l!E .... -,.,.
IS= ' [, ~ • .. .. "" .,.,
llllol "" ..........,
~.,, '"'
-
, -~ trC>Mr~· ·~1
N
SCALE 1 :9.605
500 0 500 1,000 1,500
FEET A
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PETITION FOR INCLUSION OF REAL PROPERTY
SOUTHGATE SAN!TA TiON DISTRICT
ARAPAHOE AND DOUGLAS COUNTIES, COLORADO
The undersigned C,l\ljj ~~A1-\1e~ l.L.C,. ,
hereinafter called the Petitioner, whether~ ular or &1ura1, respectfully petitions for
inclusion of the real property described below into the Southgate Sanilation District,
Arapahoe and Douglas Counties, Colorado, pursuant to the provisions of subsection (1)
of Title 32, Article 1, Sectio;i 401, Colorado Revised Statutes, as amended, and au
applicable pottcies, rules and regulations of the District. In support of this petition,
petmone; states as follows:
1. The full and correct legal desaiption of the property Which Petitioner desires to
have included mto the District is set forth on Exhibit A attached hereto and incorporated
herein by reference.
2. The said real property is capable of being servec! woth the facilities of the District.
3. Assent to the inclusion of said property into the D.strict is given hy the signers
hereof, who are the fee owners of all of said property
4 Petitioner understands and agrees that there shal be no withdrawal from this
Petilton after publication of Notice without the consent of the Board of Directors of L'le Distnct.
WHEREFORE , Petitioner requests that the Board of Di"ectors of the Districl
hear this Petition at a public meeting after publication of Notice of the filing hereof, and of
the place, tne and date al such meeting as required by law; and that the above desaibad
property be included into the Southgate Sanitation District, Arapahoe and Douglas Counties, Colorad.;.
I
lnclus,on Petition Page2 Da ted lhis ~~;!.. day of ttl,;v,r,c11, , 200.1:'.!_. CA.\ \ (}k, '\ ('o.-.yont~
~~~~(..-,~~:¥;~=-. 7:~~-~.-=-Pe-::li::-tio-ne_r _______ _
5:lt,c1 s. Ou,k <"',-\. -+110
Addres s '
3cn-7?3-JCOS 1 'Vt-I
Telephone Number
STATE OF COLORADO
COUNTY OF t\1,;1~0\..1g
)
) SS.
)
Address
Telephone Number
The foregoing instrument was acknowledged before me this
{!C:: day of Sf!Yi\W \I , 200-8_, b~c\ A l<,)~,k Q,..";,
I J
\\\is::<•i?f C ,,,~ CJ\\l) ~1\ .-•-, ! · L C.
1
o.. G.Jtr,ado bih, k) 1,,,1,,/,b
1 .(}"l't,\}(ll'\. \
My commission expires: l \ f, \ 20\\ i 1
My aljdress Is· "11:\ld, s.' Ll¢l?r <.:' :\-;\,,\\('i
Gw,vh& x:rd JI,\ kv,1p ~I) f/l11
I .
) J/J);;_=-_
.. ota~bllc
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COUNC IL COMMUNICATION ·-Date: Agenda Item: Subjcrt: lul1 21, 2008 9av Cherry Hills Village Sanuation Ol;trict Sanita') Sewer Applicalion fo r 4595 South Vine Way Ini tiated By: i S1 ,Ii Source:
Utlllues Oep.irtment Stewart H Fonda, Director of Utihues
COUNCIL GOAL ANO PREVIOUS COUNCIL ACTION
None.
RECO MMENDED ACTI ON
The Wa ter and Sewe r Boa rd, at their June 10, 2008 meeting. recommended Council adopt a Bill lor
an Ordinance appr011lng the Cherry Hills Village Sanitation District Sanitary Sewer Tap Application
lor 4595 South Vine Way .
BACKG ROUND, ANALYSI S, ANO ALTE RNATIVES I DENTIFIED
The City of Englewood pr011ides sewage treatment to a popolatoon of abvut 70,000 people outside
the City through contracts with numerous connector dis tricts. The area Is defined by the natu ral
drainage and extends south and east from Broadway to the Valley Highway and from Hampden to
Lmcoln Avenue elCduding Highlands Ranch. By contrac~ the City of Englewood must approve any
additions or land to be served by the di stricts. These are usually In-fill siluatlons that are within what
the City considers to be the area it has committed to serve. Adequa te capacity has been provided
In the treatment plant to accom modate all such fu ture inclusions. Annexation of this parcel of land
will not increase the tap alloca tion or the City or Cherry Hills VIiiage Sanitation District
A request was made by the City of Cherry Hills Village Sanitation District representing th e owner,
William and Elizabeth Armstrong. lor Inclusion into the City or Cherry Hills Village Sanitation
District This application Is for the South 'h of Block 21, East ½ of Vacated High Street Adjacenl,
Cherry Gardens, Arapahoe Collnty. The lot has an R-I Residential Zoning with no proposed
change on 2.3 acres. The legal is at1,1ched as (xhibit A. The property Is located at 4595 South Vine
Way
ANANCIAL IMPACT
None •
LIST OF ATTACHME TS Samldry Sewer Tap Appl1 Jlion M1nu1es from 1he June I 0. W08 Water and Sewer Bo.ird ,eeting (reter 10 copy included w,th 9 a 1) R uh of u, July 7, 2008 Water and Sewer Board Phone ote (refer 10 COP', mcluded "1th 'l a ii Propos d BIii for an Ordinance •
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iay S, 2008
City of Englewood
Englewood Civic Cen ter
1000 Englewood Parkway
Englewood , CO 80110
CITY OF CHERRY HILLS VILLAGE 2450 E Ou,ncy Avenue Cherry Hdls Village Colorado 80113 Telephone 303-789-2541 FAX 303-761-9386
Re . 4595 South Vine Wey -Sewer Inclusion
To Whom It Moy Concern:
Wllliam end Elizabeth Annstrong have requested that their property at 4595 South Vine Woy be
included into the Cherrymoor Sanitatio n District. This district is 1l wnecl by the City of Cherry
Hill s Village . Through an Intergovernmental Agreement the City of Englewood is contracted to
maintain and service the Cherrymoor sewer lines . Per this agreement the City of Englewood
must approve any new properties included in this district. 4595 South Vine way is 2.2 8 acre~ in
size nnd zoned single famil y residential. There is no change in zoning being propos ed for th.is propen y at th.is time .
Thank you for your coop ration in th.is matter.
Sincerely, «M
Jay Goldie
Din:ctor of Public Wor
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CITY OF CH ERRY HILLS VILLAGE 2450 E. Quincy Avenue Cherry HIiis VIiiage, Colorado 80113 Telephone 303-78$-2541 FAX, 303 761-9386 Sanitary Sewer T ap Appliatioo
Date:
The unJersigned hereby applies for pamission to lap into lhe sewer lines of owned and
maintained by lhe City ofCbcny Htlls Village for lhe hereinafter described property, and the
Wldersigned for his, or her, self, and all successors in interest, agree to be boWKI by and to
comply wilh all rules, regulations and engineering standards now or hereafter applicable of the
City of Chcny Hills Village and tlic City of Englewood, and !heir successors.
STREET ADDRESS
◄595 South V-me Way
Qi=y Hills ViUagc
LEGAL DESCRIPTION
South½ of Block 21 , East½ of
Vacated South High Street AdJacatl,
West½ of Vacated
Soulh Raa: Slrcct Adjacent, North ½
of Tufts Avenue Adjacent, Chmy's
Gardens, State of Colorado, County of
Arapahoe• ..
NO. OF TAPS
(SINGLE FAMILY)
I Slllg)e family unit
(based upon size of I"
water tap)
Use tapping machine only, drill 4-inch hole in main and fasten nl.i.stic, cast iron or VCP saddle to
main with epoxy adhesive. Englewood engineering standards api,ly.
lnspcction of tap in main and at residence mllSI be left exposed for inspcdion by City o f
Englewood Inspector
•••This property located within !he i;cogniphica) limits of lhe Cberry Hills Village Sani tation
District The propcny owner is, through separate dOCUIJltotation, filing for exclusion from !he
Cherry ~ills Village Sannation DisuiCL The property owners ISSU!De all rislc and cost of filing
and procesmig of that application, and assume all ris k involved in any decision the governing
CITY OF CHERRY HILLS VILLAGE 2450 E. Quincy Avenue Cherry Hills VIiiage,, Colorado 80113 Telephone: 303-789-2541 FAX · 303-761-9386 body of thal entity may make. The property owners waive uny claims egaiost the City of Cherry Huls Village in connection "ilh efforts to e>-cludc from this District. •
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ORDINA.'lCE NO. SERIES OF 2008 BY AIJTI 10lU rY COUNCIL BILI NO 4<> INTRODUCED OY COUNCIL MEMBER ____ _ A BILL FOR
A.'-ORDINMCE APPROVING SUPPLEMENT l\'O. l 10 THE CITY OF CHERRY HILLS
VlLLAt;E CONNECTOR'S AGREEMENT FOR THE lNCLt.JSION OF LANO WITHIN TilE
DISTRICT BOUNDARIES
WHEREAS, Chcny Hills Village San11.11ic:i D1Slnc1 rccommcnds the utclusion of appnmmately
213 acres into the Distnc1; nnd
WHEREAS, said mclus1on 1s located at 4595 South Vine Way tn Chcny Hills Village, and
WHEREAS, the zoning of1his propeny in Cheny Hills Village 1s Single Family Rcsulcm,al and
will remain as Single Family Rcsidcnhal; and
WHEREAS, the inclusion of llus pared of land will nol mcrcasc the tap allocation to the Cherry
Hills Village Samtauon Diiarict; and
WHEREAS, the Englewood Water and Sewer Board recommcndcd approval of this Agr<mlenl at
ils June 10, 2008 meeting;
NOW. THEREFORE. BE rr ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, rowRADO, AS FOLWWS:
~ The Agrccmcnt between the Cuy of Englewood and Cherry Hills Village Sanitauon
District entitled "Supplcmcnl No. I To Connector', Agrcanc:nt", which includes 2.3 acres located at
4595 South Vine Way m Cherry Hills Village, 1s hereby accepled and appro\'cd by the Englewood
City Council. A copy of said Agm:ment ,s auachcd hcrcio as "Exhibit 1 ·· and incorporated herein by
rcfcrmcc
~ The Mayor and City Cieri. arc hereby authonl!ed to sign and auc:s1. rcspcc11vcly. the
said Ai:reement for wtd on behalf of the City Council arid the C'il)' of Englewood, Colorado
ln1mJuced, rend in full, and passed on first reading on 1be 21st day of July, 2008.
Published as n l11II for an Ordinance III the City's official newspaper on the 25• day of July. 2008
Published as• Bill for an Ordinance on the Cny's official wcbsnc bc~mnmg on the 23rd day or • July, 2008 for 1h1ny (JO) day,. ATTEST: James K Woodward, Mayor
Loucrishia A. Ellis, Cuy Clerk
I, Loucrishia A. Ellis, City Clerk or the City or Englewood, Colorado, hereby certify tlU11 lhe
above and foregoing Is • uuc copy <>r a Bill for an Ordinance, muoduc<:d, read in full. and passed on
first reading on the 21 sl day or July. 2008.
Loucrishia A. Ellis
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• SUPPLEMENT NO._L TO CONNECTOR'S AGREEMENT
THIS AGREEMENT, made and entered into b)' and between the CITY OF
ENGLEWOOD , acting by and through its duly authorized M~yor :ind City Clerk,
hereinafter called the "City," and the CITY OF CHERRY HILLS VILLAGE, hereinafter
called "Oicrry Hills"
WlrnESSETH:
WHEREAS, on the 2nd day of October, 1995 , th• ·:i,y 11nd Cherry Hills entered
mto an Agreement in which the City agreed to treat sewage originating from Cherry Hills
sanitary sewer system within the area served by Cherry Hills.
WHEREAS, said Connector's Agreement provides that Cherry Hills may not
• enlarge its service area without the wriuen consent of the City;
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NOW, THEREFORE. in consideration of the mutual covenants and t•··~c,'lal:..::.;s
herein set forth, the parties agree as follows:
I. TheC1:y hereby consents to the inclusion of certain additional area located
in Arapahoe County, Coloraco, owned by Annstrongs, and more fully described on
fabibit A attached hereto and incorporated herein by reference, into the Cherrymoor
Sewer District, which is owned and operated by the City of Cherry Hills Village. The
City agrees that said additional area may be served willl the sewer facilities of Cherry
Mills. and that the City will treat the sewage discharged into the City's trunk line from
said add iGoni!.l area, all in accordance with the Co1meclor's Agreement dated June 12,
1984 Accordingly, Exhibit A referred to in Paragraph I of the Connector's Agreemc~t
dated Jullt' 12, 1984, is hereby amended to include such additional area.
2. Each and every other provisi on of the said CoMector's Agreement dated
October 2, 19Q 5, shall remain unchanged .
E X H I B 1 T
IN WITNESS WHEREOF, th e parties have sci thei r hands and seals th1t _ day of ______ ,, 2008
ATTEST :
City Cle rk
(SEAL)
ATTEST :
CITY OF E>:GLEWOOO
By : ___ _
Mayor
CITY OF CHERRY HILLS VILLAGE
B~P~t Michael J. WozniCyor
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lreel Addr s : 459 outh iue Way Cherry Hills Village LEGALD Exhibi1 "A" crurr10 •
outh 1/2 of Block 21, East 1/2 of Vacated High treet Adjacent.
Cherry ardens, Stale of Colorado, County of Arapahoe.
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Cheny HIiia Village
Sanitation District
\!pine!
GR ID #26
---w-,r * NotLaca-.11---+~
~-,00=.,11111111■.0011""'
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COUNOL COMMUNICATION Date: Agenda Item: Subject: July 21, 2006 9 a vi Intergovernmental Agreement with Arapah<><-Community College fo r Stud ent Built House Initiated By: I Staff Source:
Community Development Depar1men1 Janet Grimmel~ Housing Finance !>pecialisl
COUNCIL GOAL AND PREVIOUS COUNCI L ACTION
Co uncil has passed va ri ous Ordinances since 2002 authorizing agreeme ••s ,"1~'1 ",rapahoe Communily
College/Area Career and Technical School lo build a single family reslde11ce al different loca tions within
th e City. This issue was discussed at the July .,. Study Session.
RECOM MENDED ACTION
Approve a Bill for an Ordinance authorizing the Pxecu llon of an Intergovernmental Agre•.,nenl
(IGA) with Arapahoe C,::,mmunily Coll ege for the Arapahoe/Douglas Career and Technical School
for the school year of 2008/2009 10 build one single fomil\ residence at 2397 West Harvard
Avenue.
BACKGROUND, ANALYS I S, AND ALTIRNATIVES IDENTIFIEC'
Tiie City of Englewoo<i first became invoive-d with the Arapahoe Con1munl1y College
Arapahoe/Douglas Career and Technical School (ACTS) during 1985 when the principal of
Colorado's Finest Alternative High School contacted Cily staff for assistance in expandin g the
building trades program.
The ACTS program serves Arapahoe Community College and five school dislncls, mcludmg
Englewood. Every studen t is exposed to all or th e building trades (I.e. framing. drywall, masonry
electrica~ pl umbing. HVAC, etc.). They learn to appreciate how ead1 trade affects the o th er.
St udents are of all ages (men and women alike) and come from all backgrounds.
City swff will act In the role of the developer providing construction funds fr om the Housing
Rehabilitallon Fu nd (Fund 46). Under a separate funding IGA with ACTS, the City will retain a
construction coordinator lo assist staff with 1he day•• ,1ay hu1lu,ng aclivllies with th e ACTS
Instructor and s tud ents. The house will be sold afle, ,umple11on of the project and the proceeds
returned 10 Fund 46.
Commun ity Development staff has selected the design of the house 1ha1 the students will buHd
during the school year. Attention was given 10 selecting a design that supports a goo d quality level
of materials, appropriate design for the neighhorhood and communily, and finally, a product that is
marketable within th e nelghbnrhood.
TI, )II for thl' ~008 1009 hool ~ear 1s 13<>., \\'est Hal\ ard A\ enue. The land "\ alread1 m, nrd b1 the nv purchased wnh fund, rom the Housmg Rehabilitation Fund, Fl A IAl IMPACT The l'\ISting employ es ,n Community Developmem are a,·ailable to administer the pro, 1 and th ,r salan, s and benefits are pa11 of the Gty's contribu11on.
LIST Of ATTACHMENTS
Proposed 8111 fo r an Ordinance
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ORDINANCE NO. SERIES OF 2008 OY AUTIIORITY COUNCIL BILL NO . 47 INTRODUCEU 13Y COUNCIL MEMBER ____ _ A OILLFOR
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
BETWET,"N ARAPAHOE COMMUNITY COLLEGE FOR THE ARAPAHOFJDOUGL.AS
CAREER AND TECHNICAL SCHOOL (A(TS) AND TIIE CITY OF ENGLEWOOD
PERTAINING TO THE BUILDING OF A SINGLE FAMD..Y RESIDENCE AT 2397 WEST
HARV ARD A VENUE. ENGLEWOOD, COLORADO.
WHEREAS, the Chy Council of the City of Englewood h11, committed 10 reviewing options for
housing and developing a s1ra1egy to enhance diverse housing options in the community, and
WHEREAS, the City of Englewood became involved wi1h Arnpahoe Communily College
Arapahoe/Douglas Career and Technk.al School (ACTS) during 1985 when th.: principal of
Colorado's Fmcs1 Ahemative High School contacted the City for assistance in cxr•nding the
building trades program; and
WHEREAS, ~1e ACTS program was able to offer a two year Comprcbcnsive Building Trades
program for high school students and aduhs 10 haven "hands-on" experience in building a home
from the ground up throughout the school year; and
WHEREAS, Cny will act in the role of the developer by providing construc1ion funds from the
Housir.g Rehabihtation Fund and a construetion coordina1or will be hired 10 coordina1e the day-10-
day building nc1ivi1ics wi1h the ACTS insuuctor and students; and
WHEREAS, the site, w11h house, will be sold after complelion of the projccl aJlll 1h1· prPCceds
will be re1urncd lo the Housing Rehabili1auon Fund;
NOW. THEREFORE, BE rr ORDAINED BY THE CITY COUNCIL OF THE crrv OF
ENGLEWOOD, COLORADO, AS FOLLOWS :
~-The City Council of the City of Englewood, Col~rado hereby aulhorizcs the
lnlcr1,"0vcmmcntal A~rcement between th, Arapahoe Communily College for the
Arapahoc/Douglos Career and Technical S ·hool (ACTS) and the City of Englewood. a copy of
which is marked ns "Exhibil A" and anachd ltcreto.
Section 2 The Mayor ~nd 1he City Clcrlc. an hereby authoriud to sign and allcst said
lntergovcmn1en1nl Agrecmenl on behnlf of lhc City of Englewood
lmroduced, read 1n full , and passed on first reading on 1hc 21 a day of July, 2008.
Pubh&hed as a 8111 for an Ordinance in 1he Cily's official newspaper on the 25~ day of July , 2008
Published as n 13,11 for an Onhnancc c,n the Cttfs offic,al \lebsite begmmng on the Brd day or July, 20, I for th1ny (30) days ATTEST: James K . Woodward, Mayor
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk or the City or Englewood, Colorado, hereby ccnify that lite
above and forcgoins is a true copy or a Bill for an Ordinance, introduced •end in rull, and passed on
first reading on the 21st day orJuly, 2008.
Loucri shia A. Ellis
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AGREEMENT Tnis Apcmcn~ rmde tha / fJ day of /,,(/}1.l__ 2008, it 1=.,,..., the CITY OF ENGLBWOOD, COU)RADO (rhe City), c:,d lb• AllAPABOE COMMUNITY COLLEGE AR.APAHOEIDOUOLAS CAREER AND TIJCl"'IIC.AL SCHOOL (ACCIACTS) ,f 5900 Sou!l. 5.t,,ia Fe Onve-#AD 427. P O.Box 9002, La111cto11, Colorado 80160-9002.
WHERllAS, lhe City desire, to a&Slsl the students in the ACC/ACTS program to gain
experience for their Comprehensive Building Trades ACTS classes; and
WHEREAS, ACC/ACTS desires to provide practical 011-the-job experience to Studcut
Laborers rc111larly c:nroUcd in its Comprehensive Bw1ding Trades classes;
NOW, 11D!R.EFORB, in c:oasidentioo or the muru.al pmmitcs made herein tbe par,; .. agree
u foll°'""'
6J!.Il.C.l,J' l.:.ill1Il§
A. AOOACfS:
1. ACX/ACTS shall provide atudcnl lat>oren to perfmm conrtructionjobs rel.t~ to the
coasttUction of a dwelling located 112397 Wee Hmvard Av..wc(lhc "Projeet").
accordini to tho plans e.rul specificltions to be pmvidcd by the City. ACC/ACTS shall
provide work cn:ws in se;,a,aic claslcs.
2. ACX/ACJ:S lhall instruct the Studclll Labor,n in the collStnlctioo trades' skills, which
they will need in order to perform their wb in lite constructioo of tho dwelling.
ACX/ACfS makes no rcpn:scntatio11.1 that lhc Student Laborc,, wW be sl:illod in the
IAlks they are asked to perform by the City. (See aaachod Tuk List outlining
rcsponsibllilies of lbc City and ACC/ Acrs.
3. ACX/ACTS lball make available al the conslnlaioo site for use by the Studc:m
Llban,n in coostroction of the dwcJlin& band ml power toola, except those
mc:otioocd in Article I-B. 3, u ACCI ACTS &hall deem adequate iu quality and
quanuty. To the CX1COI that other equipmeni it needed for the ProJect and II available
without cost to ACC/ ACfS, ACC/ ACTS sbaU provide the equ1pmcot. AU olha
c:qur,,ment shall be the responsibility of the City.
4. TransportMion will be the responsibility of the student loborcrs aod/or school tliwicts
where applic11ble ■nd provided
B. TilE CITY·
I. The Ctty shall manage and suf>etvi$C the construction Project 11ie City shall obtain all
pamits, llcaues, inspectiODS and corlifioalc:s, blueprints and utilities (tempcniy
service) .
2. The City rh•ll pay the costs of nU materills used on the Projcc~ for 11 l1 subcontractors
other than ACC/AC-:'3 and all other costs wociated with the Project, except those
which arc to be paid by ACCIACJ'S ns set forth in this Agr,,cment
• X " I • I T A
3, Tho City llb•II pmvidc e.,ch Student Laborer w1t11 lhc tollow,ng tooln m :1c:r,;,111h le 11ub,tillllc: Tool Belt -Atchison A427,~P, Frnming Hammer Stanley-Sl64t/, Tape Measu,-c -25' 33-425, Safely glaSHe, IJVEl( S 129, Combination Squnro Stlllllcy 46222, CbAJI: Line-Stanley 47-051, U1dity Knife-Stanley 10.299, Hanl flat-OSHA 1ppmved, The City ,ha!; 001 be respon1ible for the rcplacemcol of any IOOls, which IIC IMI or 11olcn. lf the Student Laborer completes the course, he ouhc slall be allowed to keep any of lh.e 10011 remaining in his o, her poaession. 4. Tho City &hall cootnbu1e S30.00 per Studor.: Lllborcr Iowan! the cost 0Cj1ckets for
c.noh Studonl Laborer.
5. 1110 City ah,JI hnve the right lo obj eel to the involvcmem or prevent the future
involvement of nny Student Lo borer in ~,o Projocl for failure to ndhcrc to in,tructio11s
of tlie City or ita •gents, violation of tA(cty rulca, and conducl which m.iy he h•nnfal lo
liJoCily, enyofita officers, dircctora, 111:cnta or invilcc.. or to any other Student
Lobora-, ct conduct which -.Id 001\Sl1!Ulc a mird"""2nor or felony lll'CI')' effort
will be ruadolo -oomplctioa of the Pmjcct wiihin onelChool year.
6. ·11,c Oily wll require lhll subcnn!roctora, olhcr than ACC/ACTS, lball tal'C
reasonable time In explain lhe work lhcy ~ porforming, It k exp1C11ly agreed tbal
lhoac oxplan11llons &re =ly in<>ldcntal to the work lo be pcrfonned by ruch
subcootrncto"! and ai-c to interfere ns little ns practicable with the subcontractono' other
duties.
ARTICLB 0-lJABJUTY
A. ACCI ACTS thn,ugh the eoi-tium D!Jtrict, shall maintain, at the Dislrict Member's sole
Ms\, odcquale WOiters' Compensation inMance coverage for lbe Sllldoat Laborers,
during 111 times during which Student Laborers aro woricing oo the Projecl. ACTS
Conso1tiu1n Diltricts shall provide cvidcucc of insw,mce upon the expiration ond renewal
or.ny tcnn or insurance or upon any change In Workcrs' Compensallnn Insurnncc
covcracc to AC1'S Consortium District&.
B. The City will not bold A<X/Acrs reapowible for prodocta ond complctloo inBumncc
covaraac.
C. The City lhlU mainwn bobility co~e for the Project.
D. A CC/ACTS shall provide an IICCCp(oble waiv.r ofliability for oacl, Siudcnl Loborc:r.
E. All personal proparty bolonllUJi ACC/Ar:::rs or the Sludcot Laborers lhlll It in or on the
Projectehllll be lhc,c at the risk of ACC/Acrs. The City, its agenta, dlrcot011 or
ernployocs shall not be liable for any drunagc thereto, uolcsi tuch damaec wss caused
dircctly by the Ci1y, ita ag=, directors or employoea. The Cily &hall not be responsible
for providlll& lce<lrity for a personal propeny tell on the Job lite by ACC/ACIS 01 lhc
Student uiboren.
ARTICLB fil -TRRM!NATION
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A. E1lher party m&)' lC!UUnalc this A ~ at ID)' wnc up0D 30 daynontta, notioe ma,ied cc dclivend IO the ed<lrca set forth al,ov,:. The putic:: agi,:e 1h11 pnor to tcmtlnation of lhi, Agroauent by tbu proviJion, the parties Wll med or IIWl!p! IO m-..et 10 resol11e aoy di,pllle. Eithor party may, for any rea&oD whauoever. la1JllDllt !bu /\grcanent sfter any such mecling cc ll!cmpted mcctma pu,suan1 IO 11m proVISion. Ne,lher pHrty shall be liable to lhe other for 111y actual or perceived lac:.I: of good fvlh 111 lltcmpli,,g to resolve 111y dispule ill a=nunce with Iha pr0YW<>n
B In the e,,cnl oftenmnation, theputies shall havc no furthaobbgat:i00 wba:cvenmder this
~ aod tbe Student L&borcnmay b:q, any tool belts al IOOls, which bav. been,
supplied them.
c. Thi• Agn,emcut may alJo be tcnninatcd if aa lCCClplahle sit& is DOI provided by !be City by
a~ IWlllllly acceptable to !be patties.
ARTICLB JV-BQUAL OPPORruNIJY
At. ~ACTS shall adhere 10 all federal, ltm and local &Wu!<:s, onllnanccs aad regulations
iD ludmg, but not limilN! 10, equal opportunities and civil rights lnL
AR.l'JCLB V -WAMR
No fliwtof ttf Jl"O'WOO ~f this Asr=nent lllall beCOllllroed to be• wsi'tCr or any
rubs"!"ent bteach of the same or any olher provilioo of tlliJ ~
ARTICLE YJ-!NTEOMJ]ON
Nff 11111 all prier apemenu betwOCD the parties hen:to wilb n:spc,cl to thc subj cc:t moll.er of lhil
AgrCUDelll arc hereby canceled aod l.erlllil)l!ed. No amcodmcnls to Ibis Apement wll be
mode other IAIII by a lffll!al amoodmml 11gnod by all !he parties.
ARTICLE Yil-AlTQRNHYS' F1!ES
111 tbe e"ftlll of my action or proceeding brooi;bl by cilhct pany against the other uodcr this
Apcmc:ol the~ pany sbaJJ be c:nliUcd to recover all cicpc:uaca iucum:d tberdixt.
iDcll>Cling but 1101 limilcd to, n:alO!llble atiomqs' fees.
ARTICLB vm:-GOVERNING V.W
n,;, Agrccmcnt is made and cn1cn:d into in the State of Colondo, llld lha1J in all ways be
10vcmod and CO!ISlnlal by the law of such Slal,:.
Amru pc -lNJ)EX]NO
AJJ indcliog set forth lo the l1)&r8in ~f this Agrem,cm arc ioJ.codcd for conYOJic:nce only and
lhall aatcoa!rol or affccl the meaning, COllllnX:tioo or cffed of this Agrccment or of any of Ult
provisions thereof.
ARTICLE X -SEVERAl/ii,.'lY
Ir uuy proviamu of Lni.: Ai;rccm,1111 .. .dJucln.:itcd mvalld OI tti;.mn::1 11uillic policy rm-ni "re.1so11 hy 11 001U1 of com1,:t.c111 JU118chcuun , ll Ui 11pccifiuu lly intended thal Cilcl1 nn~ every pn, 10 nut ,., invahdalod .i ... u n,mnin 1n full fon,c and cf!ccl. ARTICLE XI -FmlRS SUCCFSSORS AND ASSIGNS 'J'!ii• Agn:cmcnt ,hall ururc to tho benefit of and con,litutc a binding ohligntioo upon the conlrncting fl"ltics nnd their rcspcclivc hcin, succcnoo, and assigns.
ARAl'AflOll/I)()UOLAS CAIU!ER ANf)'OJt.'HNJCALSCTIOOL
Dy:~~vJh~ alhrynn;_;g, P•mDlroctor
ARAI' AHOB COMMUNITY COLLEGE
ARAPAHO£! COMMUNITY COI.LOOE
p Dau:: ____ _
Joseph A. Lorenzo, Controller
cn'Y OF BNGLBWOOD
By.--------------James K. Woodwnrd, Ma)'OI'
Dole: ____ _
ATIBST:
LoutzishJa A. ElliJ, City Cleric
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CITY OF ENGLEWOOD
Temp Service ICt
All legau aod lend pamits
Cootrac:u,, Llcaise IO &camion
FQUDdation
UndC!llJOund Plwnbina
Truss order
Extc:Jor (siding)
Gutters
Garage OH door
BVAC
Rough plamblna
Rough eleell'ical
lnsulalion
Drywall finllhlluture
P2inting interior & exterior
Ccnmic tile
roncretc drive>'walk
Cabinets & tops
Fini..& plumbina
Finish electrical
Floor covcrin!IS
Sprinklcnllllldxape
Provide a boom truck if ncc:d:d
TASK LISI'*
ACCIACTS CAREER AND
TECIDIICAL SCHOOL
Bacl: bl'ICC foundation
Floor fnming/aubfioor
Wall rraming/Sbca!hing
RoofTruwStlck build
Roof lhcalhin& dry in
ShiQglcs (3 tab)
Wiodow/Bxtcrior doors
Hang drywall
All Interior doors
CICISCI abclvcs
CueBuotdm
Wmdowlilll
~ ledicinc cabioe!a
Towel ban & T.P.
Hardware
Sc! appliances (no built in oven)
• This taak li81 con be adjusted by mutual agreement oftb• (2) parties ahoul<l ached1tling
require nn adjustment
• COUNCIL COMM\ INICATI O N Dale: ,\gcnda 11 cm: Subject: Jul\ ~ 1, ~J08 9avll Intergovernmental Agreement w11h Ara1>,,hoe Co unty for Coordina ted Election Serv ices lnilialed By: Slaff Source:
Election Commission/Coty Clerk's Office Frank Gryglewicz, Oorecto, of Finance and
Administra tove Services
Loucrishla A. El~s. City Clerlc/Electoon Commission
Member
COUNCIL COAL ANO PREVI OUS COUNCIL ACTION
The C11y of Englewood has participated with Arapahoe County on conducting coordinated electoons
for e-.ery Coty of Engl ewood General Municipal Election si nce 1993.
RECOM!Y1EN0EO ACTION
• Staff recomm~,,ds Coone~ adopt a bin for an ordinance approving an Intergovernmental Agreement
beiween th e C:ty ol Englewood and Arapahoe Co unty for th e November 4, 2008 Coordina:.!d
Election.
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Because of Sta te Legisla tion and th e Taxpa1•e r's 8111 of Rights (TABOR) amendmen t approved by the
voten on 1992, coordinated elections are to be conducted throughout the State by County derks.
The County has the ca1>abilrty of cc.ordinating this election and including th e City of Englewood.
The Election Commlss ,n awees that it Is in the best Interest of the electors of Englewood to
conduct future electit .. o• ,in tl y with the oth er poli tica l e ntities w11hin th e Cou nty. In order to
participa te In the 2008 1 oordinated Election, the Oty of Englewood must enter Into an
rntergovemmental awet'fTl ent with Arnpah01• County.
St;11f has reviewed the proposed intergovernrni;ntal Jgreeme111 ,lnd c0t1<.urs with the Commission's
recommendation.
FI NANCIA L IMPACT
Srn<e cost$ ar(' based on sev('t'al vanables, i l' the number of r~grstered electors ,n the Cuy of
L<1glewood at the 1,me of th1• elrctlon, the n111nher of ballot questions, the number of en titi es
partic ipa tin g In O,e election, the fin,,nclal lm1>Jct is only an estimate. Based on th ~ knuwn lac!$, Oie
cost of the 1008 municipal clect,on has been budgeoed •t S25,000 .
I
LIST OF ATTACHM ENTS Proposed Sill 1or an Ordinance •
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BY AlffllORln' ORDINANCI:. NO S FRJ ES OF 2008 COUNC Ii BILL NO, 48 INTRODUCED BY COUNC IL MEMBER ____ _ AlllLLFOR
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN
THE BOARD OF COMMISSIONERS OF ARAl'AliOE COUNTY, COLORADO, BY AND
TIIROUGH TIIE ARAPAHOE COUNTY CLERK AND RECORDER. AND THE CITY OF
ENGLEWOOD. COLORADO. TO CONDUCT A COORDINATED F.LEcnON ON
NOVEMBER 4, 2008.
WHEREAS, pursuant to the Urufo,m Election Code of 1992 (Articles I to 13 ofTitlt I,
C.R .S.) as .mended. governmental entities are encouraged to c-.>OpCl'lte and consolidate elections
in order to n,ducc taxpayer expenses; and
WHEREAS, the City of Englewood has participated with Arapahoe County in conducting
coordinated elections since 1993; and
WHEREAS, A12pahoc County and the City of Englewood have dctcnnincd that II is in the
best interest of the wpaycrs and the electors to conduct a coordmatod election for the November
4, 2008 election: and
WHEREAS, Arapahoe County and the City of Englewood desire lo set forth their respective
responsibilities for the coordinated election pursuant lo the Intergovernmental Agrec:mcnL
NOW, 11-IER.EFORE, BE IT ORDAINED BY 'll-lE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS :
Section I. The lmergovcmmcnlal Agreement for Coordinate<. Election is attached hereto as
"Exhibit A" The lmcrgovernmcnlal Agreement for Coordinated Election is hereby aca.-ptcd and
approved by the l!nglewood Cuy Council.
~ 1ne Mayor and C11y Cieri. arc au1hon,.al 10 Sll,'11 and a11cs1 said Agreement for and on behalf of the Cny of Englewood lmroduccd. read in full. and paSc<cd nn first reading on lhe 21st day of July, W0S.
Published as a BIii for on Ordinance m 1he Ci1y's official newspaper on the 2s• day of July, 1008
Pubhshcd as a Bill for an Ordinance on the City's official website begmn,ng on the 23rd day of
July. 2008 for 1hiny (30) days.
ATTEST:
James K. Woodward, Mayor
Loucrishia A. ffilis, Cily Clerk
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I, Loucnshia A. Elhs. Cily Clerk of the Ci1y of Englewood, Colorado, h<--rcby certify thal the •
above and foregoing ii • true copy of a Bill for an Ordinance. i. •troduced. rend ,n full, and passed on
first reading ou 1hc 21 t t 'a; of July, 2008.
loucrish,a A. Elhs
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• INTERGOVERNMENTAL AGREEMENT FOR GENERAL ELECTION ARA PAHOE COUNTY NOVEM BER 4, 2008 (Electlon) This Intergovernmental Agreement is entered into by and between the Boord of Count Commissioners of the County of Arapahoe, State or Colorado and th11 Arapahoe County Clerbnd
Recorder (hereinafter jo inUy referred lo as the •county") and the
-:---,-,---C:;--i_cc:cy::-o--:f:::---En7g:::l-:ew_o:;--o_d.,.--:---:-:--;;,--,--:c-,::--;;::---------(herelnafJ
referred lo as the 'Political Subdivision" and/or 'jurisd1etion·).
WHEREAS, pursua nt to the Uniform Election Code of 1992, (Articles 1 to 13 of 'lie 1.
C.R.S,) as amended, governmenta l entitles are encouraged lo cooperate and consoli date elllllons
in order to reduce taxpayer expenses; and
WHEREAS, the County and the Polilical Subdivision have determined that II is In 1/T best
Interest of the taxpayers and the electors to conduct a coordinated General Elecbon on No..-nber
4, 2008; and
WHEREAS, the County and the Political Subdivision desire to set forth their respctive
responsibilities ror the coordinated General Election pursuant to this lnlergovemmental Agrement.
• NOW, THEREFORE, IT IS AGREED by the County and tho Political SubdMs,on as filows :
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1. The November 4, 2008 election sha ll be conducted as a coordinated General Elelion In
accordance with the Uniform Election Code of 1992 (Articles 1-13 of nue 1, C.R.S.I The
election participants shall bE' required to execute agreements with Arapahoe County br this
purpose and may Include municipalities, school districts and special districts wi~n the
Arapahoe County limits and the Slate of Colorado.
2.. The l~ovember 4, 2008 coordina ted General Election shall be conducted by the Cou~y with
the use of paper ballots, e!ectronic voting equipment and voting machines.
3 The Arapahoe County Clerk and Recorder shall be designated as the Coordinated ElecJ>n
Olflcla l and the Polltlcal Subdivision hereby Identifies Loucrlshig A. Ellie , . .C.1.L.X..Jktl
as Its Designated Election Official.
4 The County shall perform the lollov~ng tasks 111 relabon lo said etecwn, to wit
a. Negotiate an agreement for the printing or the official baTiots.
b. Provide a copy of ~Jllot layout and the text of Uw tifficla l ba llot to 01c designalod
election official for proofreading before authorization to begl~ printing or all ballots
c Certify the complete nurrber or registered electors within lhe Arapahoe County portion r1
the Political Subd1V1Sion no later than October 6, 2008 .
d. Provide a copy of the poltllcal subdivisions' lega l boundaries as defi ned In the
Arapahoe Counly Street Lisi Locator no later lhan July 30, 2008.
e. Provide support on the dale of lhe election by telephone and In person, Should th!! need
a·,se, until counting ol the baltots is completed
Provide unofficial results of the election on election n,~.it by tele.-,hone or by fa csunno
transmllta l upon request.
A
g Ma,n!a:n a hsl of actJal voters from th" November 4, 2008 election, and upon reqoos~ ge'18rale a printed l,s· ol the persons wno voted lollOW1ng Im election The cost win be S.005 (1/2 wnt) pername r, Store all voted ballo!s for a minimum of 25 months, and all other materials required by law (Section 1-7-802, C.R.S ) tot,, saved, In such a manner that they may be accessed by the participating jurisdiction. If necessary, to resolve an1• cha llenge or other legal questions that might arise regarding the election. Keep a careful and accurate acoounling of time, supplies, printing costs and salaries attibutable to the County's administration or the election for the jurisdlc'lon The
participating jurisdiction's proport)onal share of actual costs sl'lall be based o:i County
expenditures relative to the November 4, 2008 election.
;. Appoint, compensate, lnstn.Jd and oversee the board or canvassers.
k. Appoint, compensate. lnstn.Jd and oversee the JU(lges cl the eledion.
m.
No later than 20 days prior to the election, provide the participating jurisdiction lest baUots or the jurisdiction's ballot style(s) to allow for testing of electronic vote~nting equlpmenL
Publish and post the required legal notice pursuant to C.R.S. 1-5-205 that Is published no
later than 10 days prior to the election for the jurisdiction's ballot Issues, ballot questions
and/or candidates.
foforre::faic-eampajgn::f'racjjce:;,A!c;1:fArt/Clci5:-gH',jie-j--€;R:S;}:ttitre!attt-to-lhe
-Novembef-<1,~888~
Provide and operate the County's electronic vote-counting equipment. There will be no
charge for the pre-election preventative maintenance on the electronic vote-counting
equipment for this elecbon c)'Cle.
5. The Po(bcal Subdivision shall perform the following tasks in relation to said election, to wit
a. Certify the candidates, If applicable and the fist of ballot Issues and/or ballot qur.stlons on a
diskette or by email (wilh receipt confirmed by lhe County Election Department) In Microsoft
Word fonmat along with a paper copy no later than 4:00 p.m. on September 5, 2008. The
ballot content must be certined In the order In which it will appear on the 'lalloL The
certified list of candidates. ba llot Issues and/or ballot questions shall be fl 1al and the
County will not be responsible for making any changes after the certiflr.atlon.
b. Wllhln one day of receipt, proofread the layout and the text of the Jurlsdlctlon'i; portio n of
the official ballots before authorizing the printing of all ballots.
c. Publish and post any required legal notices for the Jurisdiction's candidates, ballot Issues
and/or ballot questions, other than the notice required by C.R.S. 1-5-205 that Is published no
later than 1 O days prior to the electlon. A copy of such published legal notia, shaft be
submitted to the Count) for its reoords.
d. Prepare, hand-<:OUnt and deliver to the County Cler\\, the required test deck of ballots for
testing the electronic vote counting equipment, no later than October 17, 2008 .
e. Remit payment directly to Arapahoe County wilhin 60 days of blnlng for Its prorated share
ol ALL COSTS relating to the printing and malling or ballots and all other election expenses
describod in Section 4.
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f. Comply with the provisicms of the Uniform Election Code or 1992 (Articles 1-13 or Tit le 1, •
C.R.S.), and the time guidelines schedule as attached hereto as these relate lo the
November 4, 2008 election . The Political Subdivision shall notify the County of any
exception no later than 29 days prior to the electlo ,.
g The Pol itical Suudlvision shall def enc and resolve at its sv,o expense all challenges relative
to lhe caodidates. ballol issues and/or ballot questoons as certified lo the County for
lnclus,on on lhe Novembec 4, 2008 Coordmaled Elecllon.
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~ Suomil to the Count)' a map ,denbfy,ng the partJapatmg 1unsd,ct lon·s boundanes 110 late r tha n .July 27 , 2008. , Certify lo the County, no later lhan Aug usl 20, 2008, the polot1ca l subdrvis,ons' legal boundaries from the Street Lrst Locator provided to the polrtocal subdrvisiOn on July 30, 2008. /. Obtain and deliver a certified copy of the property owners' list for the Political Subdivision, (If deemed applicab le), that has been reviewed against the voter registration records In the office of the Arapahoe County Clerk and Recorder .
k. Deliver all requests for absentee ballots to the County for processing. Such requests shall
be delivered or faxed ~ to the Arapahoe County Clerk and Recorder's office .
6. The Political Subdivision avers that It has sufficient funds available in Its approved budget to
pay Its prorated election expenses for the November 4, 2008 Cooo!inated Election.
7. Unless otherwise agreed in writing, this Intergovernmental Agreement anc the interprelabon
thereof shall be governed by the laws of the Stale of Colorado.
8, Should any provision of this lnlergovemmenlal Agreement be determined by a court of
competent jurisdiction lo be unoonsUtutional or otherwise null and void, II Is the Intent of the
parties hereto that the remaining provisions of th is Intergovernmental Agreement shall be of
full force and effect.
9. Nolices to be provided under this Intergovernmental Agreement shall be given In writing either
by hand delivery or deposit in the United States ma ll , certified mall, return receipt requested,
wlln sufficient postage, to the following persons:
Nancy A. Doty 0EO Na me: Loucrishia A, 11111•
Arapahoe County Clerk and Recorder TIUa: City CleTk
5334 South Prince SL Address: 1000 Englevood Parkway
Ltllelon, Colorado 80166-0211 City, St, Zip: Englewood I CO 80110
10. This lnl;;rgovernmenta l Agreement may not be modified, amended or otherwise altered unless
mulu;;.tly agreed upon in writing by the parties hereto.
ARAPAHOE COUNTY BOARD OF CCJNTY CO MMISSIONERS
Susan Beckma n, Chair
ATTEST:
Nnncy A.. Doty, Coordinated Elocllon Official
Date
Date
JURISDI CTION NAME: _________ _
By Dale
TIiie
2008 A r a p 3 hoe County roo rdinatcd General Election-D a t es fo r Cities "-Dale [vent Rclcreocc July 25 Last day to no11fy the co1Jnly clerk of 1-7-116(5); 1-1-106(5); in1em lo participate m coordinated JGA elec1ion, submit map oflegal
boundancs
July 30 County clerk provides a copy of lhc IGA Bb'Tecment
lc~al boundaries lo POlitJcnl subdivisions
August 20 Certify legal boundaries to county based IGA
on mformauon orovided on Ju1y 30
AUJ(USI 26 Last daY lo sirn !GA 1-7-116/21
September 5 I Political subdivisions certify candidates 1-5-203 (1), IGA agreement
and/or ba!Jo1 issues to clerk
September 19 Lasl day to fi le pro/con comments on 1-7-901(4)
local ballot issues with designate<!
election official
September 23 Political subdivision provide exact text IGA
and other information for ballot
issueslauestions to countv clerk
October 6 Last day 10 recister to vote 1-2-20113\
October 6-10 Mail ballot oaekets sent 1-7.5-107(3 l(cl
October 15 County provides political sub:livision IGA; 1-5-303(1), (2); 1-5-
with final number ofrc2istcred elec tors 304(Jl. (2\; 1-7.5-10712Xb\
Approx Public lest
October 17
(Dole TBD)
Novcmbcr4 Election Dav
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ORDINANCE NO. SERIES OF W08 IIY Al rJIORJrY COUNCIi l3ILL NO , 39 INTRODUC F.D BY C'Ol'NCJL MFMIJER MOORE AN ORDINANCE Al'l'ROV ING AN INTERGOV ERNMENTAL AGREEMENT (JOA)
l:.NTITLED "MF MORANOUM OF AGREEMENT FOR rnE LOCAL JURISDICTlON
REGULATION OF CONVEYANCES PURSUANT TO THE ELEV ATOR AND ESCALATOR
CERTIFICATION ACT TITLE 9 ARTICLE S.S. COLORADO REVISED ST A TUTES"
BETWEEN TIIE COLORADO DEPARTMENT OF LABOR AND EMPLOYMENT ,
DIVISION OF OIL AND PUBLIC SAFETY ("OPS") ANO TI{E CITY OF ENGLEWOOD,
COLORADO.
WHEREAS. lhe C11y of Englewood currently has an agrecmcnl wi1h DR COG 10 inspect elevators
and escalators for the City until December 31, 20c8: and
WHERF.AS, the City anticipates renewing the agrecmcn• with ORCOG 10 continue the required
inspections: and
WHEREAS, the passage of this Ordinnncc wi ll permit the City of Englewood 10 Identify the
responsibilities of each pany for ensuring the safety of conveyances within the Sme through
compliance with the Act and aU promulgated rules and regulations: fom1nlize the coopcrn1i\ c
working relationships bct11,een the Prutics: and provide procedures for commwucauons, exchange of
infonnat,on and resolution of problems as necessary 10 carry out the provisions of the Act 1111d all
promulgated rules 1111d regulations:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE crrv OF
ENGLEWOOD. COLORADO , AS FOLLOWS:
~-Colorado State Ame:ndcd S1a1u1cs regarding Elevator and Escalmor Certifications
C.R.S. 9-5.5-101 et seq,, which requires cities 10 contract with the State that the City inspect such
COOVC)'llnccs ur allow the State to inspect and cenify them
~ fhcC11y of Englewood finds that n 1s 111 the best 1n1ercsts of 1hc ci1i zcns of Eng lewood
10 11111in1oi11 its current inspoc1io11 ond ccrt 1fica1ion process.
~-The City Council of E~glcwood. Colomdo. hereby npprovcs the lmcrgovcmmentnl
Agr=t cnt11lcd "Memorandum of Agreement for the I <>col Jur1sdict1on Rc1,'llln11 on of
Co nveyances Pursuant lo the Elevulor ond Escalator Ccrt1fica1ion Act T itle 9 Amclc 5.5.
Colorado Revised Statutes" between the C'olomdo Department of Labor and Emplnymcnl ,
n,vosi on of Oil nnd Public Safety ("OPS ') i:ud 1he C11y <•f Enl!)cwood, Colomdo, a copy nf
which "attaehcd hereto as Exrub11 A.
~-TI,,, Moyor II hcrcb)' authori,.cd 10 sign said lolcrg<'' cmmc:ntal Agreement for and
011 beha lf of the C11y of Englewood .
lntroduCL-d, rc,,d 111 full. and pa ssed on first rcnd,ng on the 7th dny of July, ?fo08.
Pubh•hed as a H1ll lor an Ordmancc on the 11 • Jay of July. 2008. Rend by title and pussed on final rending on the 21st day of July. 2008 Published b> tnle BS Ordinance No _. Sc-nel> of 2008. on the 2~th day of July. 2008 .
James K. Woodward, Mayor
ATTEST:
Loucnsh1a A. Ellis, City Cler\:
I, Loucrishia A. Ell is, City Clerk of the City of Englewood, Colorado, hereby ce.rtify that the
above and foregoing is a true copy of the Ordinanct passed on final reading and published by
title as Ordinance No _, Series of 2008.
Loucrishia A. Ellis
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MEMORANDUM OF AGREEMENT y~' / l FOR THE LOCAL JURJSDl<;TION rJ:GULA TION OF CONVEY ANC~~~~ o/ Pursuant to the Elcfator and CsCJtlator CcrtlOcatlon Act vJI ~ TiUe !I Article S.S, Colorado R-.viscd Statutes TH IS MEMORANDu M OF AGREEM ENT ("MOA''1 is entered into this _ d.iy of _. ~ l v'-2008 , betwee n the Colorado Dcpafonent of Labo~ mployment, Div1s1on of Oil and Pi,hlif/ fety ("OPS"), 633 17~ Stre.?t, ~uite 500 , D f(r, Col rado 80202•3660 and [name of entity r 'Authority Having Jurisdic7·0 r or "AHJ"), ddrcss], ollectively referred to as the "Parties.
SECTION I. REC ITALS
1.1 Backgroun d /
The Elevatvr and Escal.Jr Certification Act (the Act), Title 9, Anicle S.S, Sections I 01 throuF
120, Colorado Revised tatutes (C.R.S.), declares that "in order to ensure minimum safety
standards throughout lonido, the regulation of conveyances is a maner of statewide concern•.
The Act ctates that
• All conveyan cs in Colorado s < register with the OPS;
• All conveyan contracto , mechanh, and · ectors shall be licrnsed with OPS;
• All conveyan sh installed, alu,1cd, re aired, serviced, and maintained accordinl
to Colorado adopted national safety standar , and
• A qualified local 111thori1Y bavingjurisdicti (AHJ) may clcet 10 enter into an MOA
with OPS 10 regulate conveyances that are ocatcd within their jurisdiction territory.
Following OPS ' approval of the AHJ 's veyance staodaros and execution of this
MOA, the AHJ will be considered an AP/roved AHJ.
1.2 Purpose ;/2
This MOA is being entered into by the above cntioncd Parties for the following purposes:
a) To identify the responsibilities of e party for ensuring the safety of conveyances
within the State of Co.lorado througq compliance with the Act and all promulgated rules
and regulations:
b) To fonoalize the cooperative wc,rlilllg relationships berv•een the Parties; and,
c) T o provide procedures for commwications, exchange o:information, and resolution of
problems es necessary to carry outlthe provisions of the i Cl and all promulyated rules
and regulations. ~
1.3 Authority ~ /
The principle authority for this agreement is co ntained in The levator and Escalator
Cenification Act §9•5.S-112 (2), C.R.S .
SECTION 2. OEFINITIONS
"Administrat'.lr'' means the Direc1or of the Division oro · and Public Safety within the
Department of Labor and Employr 1cnt or the Dircclor 's esignee.
"Authority Having Jurisdic1ion (AHJ)" means e city, county, or city and county, or any 01hcr
!oca! government entil}' having authority 10 regulate conveyances within its jurisdiction!'.!
tcnitory.
Conveyance M OA
Modified June J, 2008
Page I of6
" X H I B I ... A
"Approved Auth<>nt) Hn1 ing Junsdi ction ( AHJ)" mc~n~ an AHJ or an •~c m thereof 1h01 ha~ met the required convcya,cc stJndnrds and Im c~ ccutcd 11,is MOA "1th the OPS . "Cenificntc of Operation"' means u document issued by the OPS or an Approved AHJ for a conveyance indicating that the co nveyance has been m ;,cctcd by a third-party licensed conveyance inspector and complies with rules of th e OPS or Approved AHJ (§9-5.5-1 I 4, C.R.S,), "Conveyance" shall have the meaning as delineated in §9-5 .5-104, C.R.S,
"Injury" means an injury that results in death or requires medical lrCatrncnt (other than first aid)
administered by a physicinn or by registered professional personnel under the standing orders of
a physician. Medical treatment docs not include firsl aid treatment for one-time treatment and
subsequeot observation of minor scntcbcs, cuts, bums, splinters, and any other minor injuries
that do no! -,rdinruily require mcdic.nl care even though treatment is provided by a physician or
by registered professional personnel.
"Territory" means a city, county, or city and county for which the regulation and/or inspection of
conveyances is contracted to a company or organization.
"Variance Request" means the submittal of documentation to the Administ.rator or Approved
AHJ by a conveyance owner or contractor that justifies the use of altema•e methods or IT'&terials
for the implementation of standards adopted pursuant to §9-S.S-112 (1), C.R.S .
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SECTION 3, RESPOPl~'t'IES •
The rcsponsibilitietr the OPS and Approved A.HJ are presented below:
3.1 OPS
a) The OPS is designated the implementing agency as delineated in §8-20-101 C.R.S. As
such, the OPS hllS the authority and responsibility to adopt nationally recognized
conveyance safety standards pursuant to §9-5.5-112, C.R.S , and a. they are amended (§9-
5.5-103, C.R.S.).
b) The OPS shall recognize that the Approved AHJ is solely responsib le for the regulation
of conveyMccs within Approved AHJ's territory so long as, pursuant to §9-5.5-112 (2),
C.R.S., the Approved AHJ !las standards that are equal to or greater than those adopted
by the OPS .
c ) The OPS shall recognize that the Approved AHJ is solely responsible for issuance and
enforcement ofCertifieates of Operation for the installation, olte1 ,tion, operation, ond
maintenance of conveyances within the territory of the Approved AHJ, per §9-5.5-114 ,
C.R.S.
d) Pursuant to §9-5,5-112 (2)(b), 2.R.S., the OPS shall, in coopcrution with the Approved
AHJ, establish n schedule for the Approved AHJ 10 adopt standards listed in §9-5 .5-112
(!), C.R.S
e) The OPS will be responsible to arrange for Advisory Board review of any addennums or
supplements to the last version of standards listed in §9-5.5-112 (1), C.R.S. lla.sed on
results of this review, the OPS and the Advisory Board will dclcnnine whether the OPS
nod Approved AHJs will adopt the addendum or supplement prior to the oaoption of th e •
next version of the s1andnrd.
Coovqane< MOA
Modified June J, 2008
Paac 2 of b
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3.2 t) The OPS has 1hc au1hon1y and rcspons1bihl) 10 ensure tha1 all nc" I) ms1nllcd and exi ~1t ng conveya nces urc rc1i1s1ercd wilh the OPS , Thi s process will include the collcc1ion of a one-umc rcg1stra11on fee from the con"cyancc owner r,ursuan1 10 §9-5.5 111 (2)(o), C.R.S. g) Pursuant to ~9-5.5-106 through 108, C.R.S., the OPS has the authonl)' and rcsr,onsibil11y to ensure 1ha1 oll conwyancc contrac1ors. mechanics, and in speoiors are Licensed through the OPS The licensing process requires that 1he licensee remi1 payment 10 the OPS ofan annual license fee pursuant 10 §9-5.5-108 (SJ, C.R.S .
a)
Approved A II J
The Awroved AHJ shall be solely responsible for the regulation of co nveyances within
th e lcmlory of the Approved AHJ if the Approved AHJ has standards that arc equal to or
grea1ei-than those adopted pursuant to §9-5.5-112 (2), C.R.S .
b) TI,c Approved AHJ shai l, i-cooperation with the OPS, establish a schedule for the
Approved AHJ 10 adopt standards listed in §9-5 .5-112 (1), C.R.S. This schedule will
include the requirement thal lhe Approved AHJ adopt lhe following standards by
December 31, 2010:
c)
d)
e)
()
g)
h)
i)
J)
k)
I) ASMEAl7.l -2007 ~
2) ASME Al 7.3 -2005
3) ASMEAIS .1-2005
Following the initial adoption of standards d ribed in 3.2(b) the Approved AHJ agrees
to remain current in adoption of future st d venions w1 n 90 days from the date at
which the OPS adoplS the standard. /
Pursuant to §9-5.5-112 (JX•). C.R.S., nveyanccs installe,j prior to July I, 2008, an:
exempt from compliance with AS A 17.3, although the Approved AHJ , in cooperation
with the OPS, may require lhe im emcntation of all or l)' portion of ASME Al7.3
necessary 10 mitigate a material risk 10 public safety .
The Approved AHJ shall be responsible for issuance an enforcement of a Cenificate of
Operation for insta1lntion, alteration, operation, and maintenance of conveyances within
the territory of the Approved AHJ per §9-5.S-I I 4, C.R.S.
The Approved AHJ shall be responsible to review and determine lhc validity of all
variance requests to lhe adopted standards in 3.2(b).
The OPS will consider licensing a person to inspect conveyances if the person was
employed or contracted by the Approved AHJ to inspect conveyances prior 10 January l ,
2008. The Approved AHJ shall immediately refer 111 such government and government-
designated inspectors to the OPS for licensing.
An inspector who qualifies accord ins to (g) of thiJ Section shall not remain licensed by
OPS after July I, 2010, if the inspector has not ~cived certification through a nationally
recognized conveyance association (§9-5.5-I 07 (i Xa), C.R.S.).
The OPS will consider licensing a person to ins t conveyances lo enable the pc,son to
oblnin lhc minimum one year of experience requ· 'fication testing by a
nationally recognized conveyance as:;ociation. The testing fo nationnl certificnti on must
occur at the earliest opportunity following licensuri: with the PS.
The licensed inspector employed by the Approved AHl will no t be required to submit
proof of insurance coverage to OPS pursuant 10§9-5.5-115 (4).
The Approved AHJ shall be responsible for relaying conveyance information on an
annual frequency to lhe OPS . Annual information submined 10 OPS shall be relayed no
later than January 31" following the previous twelve-month reporting period. This
information shall include the following:
Conveyancc MOA
Modified June 3. 2008
P,g, 1 of6
I• J\nme, nddress, contac1, and phone numberof owncr c,r nrnnugement company responsible fo r convcy1ncc 2, Nnme nnd address or focility where con·•ey·unce ,s locnted 31 Number of conveyan ces at the facility 4 I Conveyance type(s) (i c., elevato r, escalator. etc ) SI AHJ-ass1gned conveyance ID number, ccnvcyan,·c serial number, or other identifier 6 ) Date or last annual inspection 7) Date of last issued Ccnificate of Opcrauon I) The Approved AHJ shall be responsible for immediately notifying OPS of any and all
acc idcncs rcsulring in injury to an individual that have bee n rcponed to the Approvcrl
AHJ.
m) In the event thnt the Approved AHJ identifies conveyances not registered through OPS
Mid any contractors or inspectoi ; working in the Approved AHJ territory that are not
licensed with OPS, the Approved AHJ shall immediately inform the OPS of these
entities.
n) The Approved AHJ shall be responsible for the implementation of enforcement actions
necessary to ensure conveyance compliance with the Act except as exempted in this
MOA.
o) Pursunnt to §9-S.5-1 11 (2)~a), C. S., the Approved AHJ may set fees and collect or
contract the collectioJ of th to offset the cost of plan review or inspection of
conveyances located wi · the Approved AHJ territory . Fee amouncs will be determined
by the Approved ~ r contraatually agreed upon by the Approved AHJ and the
inspection comp,ityor organization. Conveyance owoers shall be notified of any
adjustment tor a minimum of thirty (30) days prior to the effective date of the change •
SECTION 4. ACCESS TO INFORMAT ION
Each party shall, to the extent allowed by law, make available to each other, at no cost,
information regarding conveyances within its possession , RequeslS for information shall not
impose Ill' unreasonable resource burden on the other party .
SECTIONS. EFFECTIVE DATE AND TERM
This MOA shall be clTectivc on ____ and extend through ___ (one year). Unless
previously terminated by one of the panics pursuant to the terms of thi s MOA, this MOA shall
automatically renew for fo ur (4) successive terms of one (I) year each beginning on [date)
SECTION 6. TERMI NATION
Either party shall notify the other party in writing of their intent to terminate this MOA per
Section 7.3 , Such termination is elTcctive thirty (30) days following this notice.
SECT ION 7. ADDIT IONAL PR OVIS IONS
7.1 Legal Au thority
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The parties warrant that each possesses actual , legal nuthority to enter into this MOA. The
parties further warrant that each has taken all actions required by its applicable law, procedures,
rules, or by•laws to exercise that authority, and to lawfully authorize ics undersigned signatory to •
Con,-.~anct MOA
Mod,r,c:d J,,,. J. 2008
P•&<4 of6
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execu te this MOA and bind that pany 10 its terms The person or persons sigru~ th,s MOA, or any anachmcnts or amendments hereto, ~!so warrant(s) that such person(s) passesscs actual, legal authority to execute this MOA , and any anachments or amendmcn~creto, on behalf of that party. / 7.2 Notice of Pending Litigation Unless otherwise provided for in this MOA, the Approved AHJ styill notify the OPS withi~ five (5) working days after being served with a summons, complaint, or other pleading in a case wlticb involves any services provided under this MOA and whi_cli has been filed in any federal or state court or administntivc ag::ncy. The Approved AHJ sbal) immediately copies of any
such documents in accordance with Sec tion 7.3 of this MOA/
7,3 No tice Proced ure
All noti~ required or permincd to be given pursuant 10 this MOA shall be in writing and shall
be deemed given when personally served or three (3) days after deposit in the United States
Mail, certified mail, rewm receipt requested, and addressed to the following parties or to such
other addressee(s) as may be designated by a notice complying w~fforegoing requirements:
APPROVED ABJ: )
(Name)
(Title, If liny)
(E ntity Nb
(Street A dr ss)
(C ity, State p Code)
(Telephone umber)
DEPARTMENT OF LABOR AND EMPLO}'MENT:
LlnEu
Purchasing Director
Colorado Department of Labor and Employme
633 17111 Street, 11 lh Floor
Denver, CO 80202-3660
(303) 318-80S4
OPS:
Greg J ohnson
Conveyance Section Manager
Division of Oil and Public Safety
633 171h Street, Suite 500
Den ver, CO 80202-3660
(303) 318-8536
7.4 Entire Understanding
This MOA is the complete integration of all understandings between the parties. No prior or
contemporaneous addition, deletion, or other amendment hereto shall have any force or effect
wltatsocvcr, unless embodied herein in wnting, No subsequent novation, renewal, addition,
deletion, or other amendment hereto shall have any force or effect unless embodied in a wrillcn
contract executed and approved by the Parties.
Conveyance MOA
Modified June 3, 2008
Pagel or 6
7.5 lndcpendeol Con1raclor • Neilher Approved AHJ nor any ageni <>r employee of Approved AHJ shall be or shall be deemed 10 be an agenl or employee of lhc OPS. 7 .6 I udemnilication To the extent permitted by law, Approved AHJ shall indemnify, save, and hold harmless the S1ate of Colorado, its employees and age nts, against any and all clai, .. s, damages, liability and coun awards including costs, expenses, and auomey fees and related costs, incurred as a result of any act or omission by Approved AHJ, or i1s employees, agents, subcontractors, or assignees
pursuant to lhe terms of this MOA.
7.7 Governmeital Immunity Act I
No term or condition of this MOA shall be construed or interpme.. as a waiver, express or
implied, of any of the immunities, rights, benefits. protection, or other provisions, of the
Colorado Govemmemal Immunity Act, C.R.S. 24-10-101 et seq., or the Federal Ton Claims Act,
28 U.S .C. 2671 et seq., as applicablefas now or hert:aficr amended.
SECTION 8. APPROVALS
Department of Labor and
Employment,
Division ofOil and Public
Safety I
Richard O. Piper
Director, Division ofOil and
Public Safety
I
Date: __________ _
Convqanc, MOA
Modified June 3, 2008
Page 6 of 6
[Approved AHJ or agent thereof,
Contract Signature Delegate)
[Name] James K . Woodward
[Position) ).layor
Date: _________ _
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Cot E Rouu ng •Oll-00(158 1\IE~IOR,\.,'iDL:~I OF AGREE~IE:'\i FOR TIIE LOCAL JURIS DI CTI O.'i REG ULATION OF CO.'i \'EYASCE~ Pu rsuan t to the Elt>ator nnd Escnlntor Ccrrificnrion Act Tille 9 Article 5.5, Color odo Rc,iscd Stn•u tes THIS MEMORAKDL!M OF AGREEMCNT ("'MOA"'I •~ cnh:red into th,~ .,,z/"{; ol~ 200S. betv.een the Colorado Depanmcnl or Labor nnd Empl0ymcnt , Division of Oil a~«c Safely ('"OPS"") 633 171h Su~ct, Suite 500, 0.:nver, Colorado 80202 and City of Englewood ("'Au1hon1y Mavrng Jurisdiction" or "'AHJ'). 1000 Englewood Parkwa), 1::nglewood, Colorado
80110, collecti\'cly rcrerrcd 10 as the "Pan,~"'
S ECTION I. REC ITALS
I.I Background
The Elevator and Escalator Ccnilication Act (the Act), Title 9, Article 5.5, Sections I 01 through
120, Colorado Revised S1an11es /C.R.$.), declares that in order 10 ensure minimum safety
standards throt,ghou1 Colorado, the reguln11on of conveyances is n mnuer or statewide concern.
The Act states that:
• All conveyances in Colorndo sha II be registered with the OPS;
• All conveyance contrnc1o rs, mechanics and inspectors shall be licensed with OPS,
• All conveyances shall be installed, altered, repaired, serviced, and maintained aecordmg
to Colorado adopted national safety sundards; and
• A qu31ified local authority having jurisdiction (AHJ) may elect 10 enter into an MOA
with OPS to regulate conveyances tha1 arc located wtthin their jurisdiction territory.
Following ors· approval or the A HJ's conveyance stnndards and execution of this
MOA, the AHJ will be considered an Approved AHJ .
1.2 Purpos<
Thi s MOA is being entered into by the above-mentioned panics for the following purpo,es.
a) To idcntir)' the responsibilities of each pany for ensuring the safety of convey1111ccs
within the State of Colorado through comphancc with th e Act and all promulgated rules
and regulations,
b) To forma lize the cooperative working relationships between the Panics; and,
c) To provide procedures for commu nications, cxchMge of informatic.n and resolution or
problcnt~ as necessary to carry out th e provbions of the Act and all promulgated ruk~
and regulations
1.3 Authority
The principle authority for this ogrecmclll is contained in The Elevator and Escalator
Ccnilication Act §Q-5.5-112 (2), C.R.S.
SECT ION 2. DEF I 'ITIONS
'"Adminisll'lllo," means the Director of the Division or Oil and Public Safety within the
Department or Labor and Employment or the Director's designce .
Con><i an« MOA
MoJ1fi<d Jun< l, ~
Pa~, I or6
COLE Routm~ • g.0005~ · 1\uthnnty 11.-mg Jum,.lt.:uon (A HJ)"" means n city. cn unt,, or ctt)' and county or any other lo.:o l go, emment er.my ha,·,ng nuthont) to regulate cnn, •> anccs II nhm us iunsd1cuonal temtory . •·Approved Authonty Ha·, ing Jurisdiction (AHJ)" mcan1 an AHJ or nn agent thereof that has met the requ1reJ c1,nvt') ~nee standards :tnd h,-cxccutc-d this MOA "1th the OPS ··Ccniticate of()pcra,ion· Jl'eans a dt'Cumcnt issued by the OPS 01 an Appro,ed AHJ for n convcynncc ind1cn1ing th m the co nveyance has been inspected by u thirJ-pany licensed
convc)Jt,,c inspccltlr and complte;. with rules of the OPS or Approved AHJ (§9-S.S-114,
C.R.S.)
"Conveyance" shall have the meining as delineated in §9-S.5-104, C.R.S.
"Injury'" means an injury thal results in death or requires medical treatment (other than first aid)
administered b) a physician or by registered prof~ssional personnel under the stand mg orders of
a physician . Medical treatment docs not include first aid treatment for one time treatment and
subsequent observation of mmor scra tche s, cuts, bums, splinters, and any other minor inju1 ics
that do not ordinarily require medical care even though treatment is provided by a pbysiciAn or
by registered profcs~ionnl personnel .
"Territory" means n city, county, or ci ty and county for whkh the regulation and/or inspection of
conveynnces :s contracted to a company or organization.
"Variance request" means the submmal of documentation tn the Administrator or Approved -\HJ
by a conveyance owner or contractor that ;ustifics the use of alternate methods or materials for
the implemcntauon of swndards adopted pursi1ant to §9-S.S-112 (I), C.R.S
SECTIO N 3. RESPO NSIBILITIES
The rcsponsibil i11es of the OPS and Approved AHJ arc presented below:
3.1
n)
OPS
The OPS is designated the implementing agency as delineated in §8-10-10 1 C.R.$ As
such, the OPS has the authonty and responsibility to adopt nationally recognized
conveyance safety standards pursuant to §9-5.5-112, C.R.S . and as they arc amended (§9-
5.5-103, CR S.).
b) The OPS shall recognize th~t the Approved AHJ is solely responsible for the regulation
of con,·eranccs within Approved AH J's territory so long as, pursuant to §9-5.5-112 (2),
C.R S., the Approved /\HJ l,as stilndards that are equal to or greater than those adopted
b) the OPS.
c) The OPS shall recogni1c thm the Approved AHJ is solely responsible for issuance and
enforcement ofCcnificatei of Operation for the instnllauon, al1cra1ion, operation, and
maintena~ce of convryanccs within the territory of the Approved AHJ, per §9•5.5-114 ,
C.RS.
d) Pursuam to §9 S.5 112 (2)(b). C R.S., the OPS shall, in coopcnuion wtth the Approved
AHJ. est,blish a schedule for the Appro ved AHJ 10 adopt standards li sted in §9-S .S-112
(1), C R S
Convcy•n« MO/\
MoJ11icJ Juni: 3, 2°' •~
P•gc 2 ofb
COLE Rouun~ •11'1-CI\J05\ c The ors "111 lie respons1bk to arrange for Ad, i-.c>r) Bo.1rd r«1c" of 311) aJdendums or supplement, tcnhc la;t ,=ion"' sr,mdard:, lt<red m §11-5.5-112 (I). C R.S Bi!SCJ on re,uhs dth1s 1'1:\le ... the UPS 11.,d the ..\dviso~ Boanl "ill d<-temnnc whether the OPS Bnd Arrro,cJ AHJs will adort the addendum or supplement pnor to the ad,>p110n or the next , ersion or tr.e standard.
3.2
f, The OPS ha, the aulhorit) :mJ re,l'O!l<1b1hl) 1,1 en,urc Iha: all n,.,. l> insulled and c\lsllng con,-cyanccs an: n:g1~1cred "uh 1hr OPS This proc= wi11 include the Clllkction of a one-:une n:gi<tr.iuon ftt from the .:on,.,11rn:e o,. ncr pur<uant to §9-5 <-111 (2)\a), C R.S
g) Pursuant 10 §9-5.5-106 through !OS , C.RS .. t,1e OPS has 1hc authority and rcs('Ons1bihty
to ensure that all conveyance conltDCt~ mechanics. and 11\Sf'('Ctors l\l'C licensed through
the OPS The hcensmg process requires tha1 the licensee rcmi1 paymtnl to the OPS of an
annual license f~ pursuant to §9-5 .5-108 {5), C.ltS
a)
Appro,•ed AHJ
The Approved A', U shall be solely rc.sponsilile for the regulation of conveyances within
the territory or the Approved AHJ if the Approved AHJ bas standards that are equal to or
greater than those adcpted pursuant 10 §9-5.5-112 (2), C.P .$.
b) The Approved AHJ shall, in coopcratK>n with the OPS, cstabiish a schedule for the
Approved AHJ 10 adopt standards listed in §9-5.5-112 (I), CR.S This schedule will
include the requirement tha1 the App, o,cd AHJ adopt the fol!owmg s1and4rds by
D«:cmbcr 31, 2010
l) ASME Al7.I -200'
2) ASME A 17 .3 -200S
3) ASME AIS I -200S
c) Following the imtial adoption of standards descn"bcd u1 3. 2(b). the Approved AHJ ag1ccs
to remain current 111 adoptilln of furun: standard ,-m1ons within 90 days from th! da1e at
which the OPS adopts the standard.
d) Pursu:ull to §9-5.5-112 (3)(a), C.R.S., cvnveyance; ms1allcd pnor 10 July I, L:.,;l& ere
uempt from complionete with ASME A 17 3, although the Approved AHJ. m cooperation
with the OPS, may require the implcmcn1atio11 of all or rJy portion of ASME A '7.3
necessary to mitigate a material risk to public safety,
c) The Approved AHJ shall be responsible for issuanc· and enforcement of a Cert1iica1t of
Operation for installation, al1cra1ion, opcr:i1ion, 11.:d main1enar..e of conveyances •vithm
the territol) of the Approved AHJ per §9-S.5-114, C.R.S
I) The Approved AHJ shall be responsible 10 re~ie,. and determine the validity of all
variance requcsls to the adop1cd standards in 3.1(b)
g) The OPS "ill consider licensing a Pffl"O I\) inspect con,-cyaoc<-s if the person WJS
employed or contracted by 1he Approved AHJ 10 inspect c'lllvcyanccs prior to J~nU'4')' I,
2008. The Appro\'ed AHJ shall unmed,~tely refer nll such govcmmcnl and go,cmmmt·
designated msp<.'CIOB to the OPS for IICCIISing.
h) An mspcctor who quahfics nccc,rding 10 (g) of1his Section shall 001 rcmam hccnscd by
01'S after July I, 2010 if the inspector has not received <-ertificnt1on through a r.utionally
recognized conveyance association (§9-5.5-10712\(a). C R.S.)
i) The OPS will consid~-r licensing I person to inspect conveyances 10 cnllb!c 1he person to
ob1am the minimum one year of e~pcnence requued for ccrtHicat1on test mg by a
nationahy recognized conveyance association The testing for na·ion:il ccnification must
occur at the earliest opponunity folio,. 1ng iicensurc \\ 1th the OPS
COO\-C') lrh,::C MOA
\1-,J,f><d Jund :oo~
P,~<l ofb
COLE Roullng ~09 -000SS JI The !tccnsed 1n,p,;c1ur cmplo>·cd b:,, 1hc Appro,cd AHJ "ill nol be required 10 submit proof of insurance c<wcrage 10 OPS pursuani to §9-5.5-115 (4) ,) Th~ Approved AHJ sha ll be responsible for relaying con,eyance mfonnation on an annual frequenc) 10 1hc OPS Annunl infonnnllt'n submiu cd 10 OPS ,hall be relayed n\l later then Ja,ual) 31~ follcwing the pre,·ious rwehe-month rcponing period. Thi; infonnllllun shall include lhe following I) 11:ame. addre1.;, comae~ and pho ne number 'If O\\ ncr or management company responsible for conveyance 2) Name and address of facility where co nvcyan~c is loca 1ed
3) Number of conveyante1, at the facihty
4 ) Conveyance 1ype(s) (i.e elevator, escalator. etc.)
5) AHi -ass igned conveyance ID number, conveyance serial number, or other
identifier
6) Date of la s1 annual inspection
7) Date oflast issued Cenificate of Operatio n
I) The Approved AHJ shall be responsible for immediately nolifying OPS of any and all
accidcnis n.-suliing in injury 10 an indivie'ual 1ha1 have been rcponed to the Approved
AHJ
m) In 1hc evrnt that the Approved AHJ iden1ifies conveyances not rcg1stere<l through OPS
and an) conirac tors or inspectors working in the Approved AHJ territory that arc not
lice n.se<I "ith OPS, the Approved AHJ shall immediatciy inio"'l!l the OPS of these
entibcs
n) The Approved AHJ shall be responsible for 1hr. implement,mon of enforcement actions
necessary to ensure conveyance wmpliancc with the Acl excepl as exempted in this
MOA .
1,) Pursuant to §9 -5.S-1 l l (2){a), C.R.S., the Approved AHJ may se1 fees nnd collect or
contract the collection of these fees to offset the cost of plan review or inspection of
conveyances located within the Approved AHJ territory . Fee arneiunts will be determined
by the Approvc:d AHJ or contractually agreed upon by the Approved AHJ and the
inspect ion company or organiza1ion Conveyance owner.; shall be notifie.. ,f any
adjustment of foes a minimum '>f thirty (30) day5 prior 10 1~• effective date of the change .
SECT ION 4. ACC ESS TO INF'ORMA TION
Each party shall, 10 the cxtenl allowed by law, make available to each other, at no cos1,
infonnntion regard ing conveyanc es within itS posse~ion. Requests for infonnntion shall not
impose an unreasonable resource burden on the other party.
SECT IONS. EFFEC rt VE DATE ANO TEnM
This MOA shall be effective on August I, 200~. and extend through July 31, 2009 (one year).
Unlc.s previously tenninoted by one of the panics pursuant to 1hc terms of 1his MOA. this MOA
shall automa1ically renew for four (4) successive 1em1s of one(!) year each beginning on August
l, 2009.
SEC TION 6. TEr~INATION
COllV<y>n<e MOA
Modified June 3, 200R
P•i••oro
COLE Routin g :(JQ-0005 ather p3n) shJII "'1111) the other pan) in wnung of their intent I<:' term mate th1, :-!OA per Sc.:uon ~ J u ·h tcrmmat111n 1~ effccti, c ,o dJ) folio" mg th 1, nNict ECT IO;\ 7, ,\l)OITI O~AL PR O\'I. 10,\. 7.1 Leiial ,\uthorit) The panic: wammt thut ca ·h po ...:. sc ocrual. legal authonl~ to enter into thIS MOA The pan1e fun her wmnnt that each ha wkcn all a.:uons requm:d h> its applicable law, procedure·. rules , or by •IJ \\ 10 c,crci -~ that authont), and to lawfull> authonze us unders1gm:d s1~nlltor} to
execute 1h1 M ,·\ and bind that part)· lO 1b terms The person or persons s1g!ling thi 1OA , or
any auachmento or amendment hereto, a!10 warnint(s) that such pcrsonls) pos.,;esses act.iat,
legal authorny 10 execute this MOA, and any anachmentS or amendmentS hc rclll, on he half of
that pany .
7.2 oti ce of Pen din g Li ti gullon
Un less otherwi se provided for in this MOA, the Approved A HJ shall notify th e OPS within five
(5) worki ng day ~ after being served wi th a su mm ons , com plaint, or other pleadmg in a ca.1c
which invo lves any services prov ided un de r this MO A an d wh ich has bee n fil ed in any federa l or
sta te co urt or ad mi nis trative age ncy . The Ap proved AMJ shall immcdinte ly d eliver copie~ of nny
s11 ch doc um ents in ncc ordan ~r wi th Sec tion 7.3 . or thi s MOA .
7.3 Notice Procedure
All no tilcs rcquirr d or pcrm irt ed to be given pursuant 10 this Jv!OA shall be in wri ting and shall
be deemed gi 'en when pc:-so nally ser,e,:1 or three (3) days afte r deposit in th .e United States
Mail, cenificd rnail, return receipt rcques tct!, and address ed 10 the r, ll owi ng parties or to ;uch
other add ressee(s) as moy be d,"'!:i~11a1cc111y a no tice c~'!lplying witt the foregoing requircmenL<
00\C)JOCC MO~
Moc,ficd June J, ~008
P•gd of6
OF.I', RTME
APPROVED AHJ :
Ja mes l(. Woodward
Mayor
City of Englewood
1000 En glewood Par~w ,y
Englewood , CO OIIO
, 03) 762-,J I I
'.VHb n cop y to:
u urce Sn.itb
1..·hicf Build ing Officinl
Clt r !If Engle wood
I Of\O Englewood Parkway
Engl ewood, CO 80110
Pui·chaslng Director
"olorndo Dcpnrtmcnt of Labor and Employment
6 3 17 11' Street, ll'h Floor
7.4 Enti re Understanding
llen,cr. CO 80?02 (303) 318-805~ OPS: Greg .Johnson Co n,·cynncc Section 1\lanager Dhlsion of Oil and Public Safe1, 633 111• Street, Suite 500 · Den"er, CO 80202,3660
(303) 318-85 36
COLE Rouung ~QQ-00058
This MOA 1s the complete in1egrauon of all understandings between the panics. No prior or
con temporaneous addition, deletion. or other amendment hereto sha ll have any force or efTccl
wha1socver, un less embodied herein in writing No subs;iquenl novauon, renewal. addition,
deletion, or other amendment hereto shall have any force or e1Tcc1 unless embodied in a wrinen
contract executed and approved by the Parties.
7.5 Independent Contractor
Neither Approved AHJ nor any agent or employee of Approved AHJ ,hull be or shall be ~cemcd
10 be an agent or employee of the OPS.
7.6 l ndemnlncatio n
To the exier.1 permitted by law. Approved AI-IJ shall indemnify. save, and hold harmless the
Stale of Colorado, its employees and agents, against any and all claims, damages, liability and
court awards includrng costs, expenses, and nuomey fees and rcln1cd costs, incurred as a result of
any act or omission by Approved AHJ, or its employees. agents, subcontractors, or assignees
pursu3nl to the terms of Ibis MO/\
7.7 Governmental Immunity Acl
No lmn o• condition of this MOA shall be coosll'Ued or interpreted as a waiver, er.press or
implied, of any of the immunit ies, rights, benefits, protection, or other provisions, of the
Colorado Go,·emmental Immunity Act, C.R.S. 24-10-10 I ct SC!j., or the Federal Tort Claims Act,
18 U.S C 2671 ct seq., as 3pplicablc, Bi now or hereaficr amended.
SECTION~. APPROVAI..S
Department of Labor and
Employment,
Dh,sion of Oil and Public
Safe1y
Rich11rd 0. Piper
Director of the Di>·i>ion of Oil and
Public Safe ty
Date
C'onvcyanc:c ~10A
Mod,li<d June l, 2o0!
Pagch of6
C11y of Englewood
rubhshcd as a 8111 for nn Ordmnnce on 1he 11 • dn)' of Juli. 2011~ Read by utle and passed on finnl re:id,ng on the 21st dny of Jul}, 2008. Published by mle as Ordinance No._, Scnes of 2008. on the 151h day of July, 2008 .
ATTEST:
James K. Woodward, Mayor
Louclishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk of lhe City of Englewood, CJlorado, hereby ccnify lhat the
above and foregoing is a 1ruc copy of the Ordinance pa::sed on final reading and !)Ubtished by
title as Ordinance No. _, Series of 2008.
Loucrishia A. Ellis
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ORDINANCE NO. SERIES OF 2008 UY AUTHOR! I Y COUNCIL BILI NO 40 INTRODUCED BY COUNCIL MEMOER MOORE AN ORDINANCE APPROVING AN !NTERGOVIJRNMENTA L AGREE MENT (IGA)
ENTITLED '"C'OLORADO"S NORTH CENTRAL ALL-HAZ.\RDS REGION HEAL TH AND
M EO!CAL MF.MORANDUM OF UNO ERST ANDING'" (MOU) BETWEEN THE
P ARTICll'ATING HOS P! r ALS LOCATED IN TH E TEN.COUNTY METROPOL ITAN
AREA. KNOWN AS THE COLORADO ALL·HAZAPDS NORTH CENTRAL REGION
("NCR'"), THE STATE AND LOCAL HEAL TH DEPARTMENTS, THE 460nt MED ICAL
GROU P (460 MDG) LOCATED AT BUCKLEY AIR FORCE BAS E. AND THE LOCAL
OFFICIJS OF EMERGENCY MAAAGEMENT AND THE CITY OF ENGLEWOOD.
COLORADO.
\\ 'HEREAS. the Fcderol Emergency Management Agency (FEMA) requires that agreements
b.:t" ccn parties for reimbursement during an emergency be in place prior to that emergency: and
WltEREAS, this Agreement is pan of the overall disaster preparedness process for the region and
the City of Englewood. and rcnce1s the broad scope of the cooperative Mture of disaster
preparedness; and
WHEREAS, the pass:ige of this OrdiMncc authonzcs the MOU which cstabhshcs a framework
for cooperation between hospitals and other hospitals, local public health agencies, City and Coun ty
emergency management offices and the State depanment of health, as required by FEMA to be in
place prior to an emergency for rc1mburserncn1 to take place following that emergency:
NOW. TH EREFORE, BE IT ORDAINED BY TII E crrY COUNC IL OF THE CITY OF
ENGLEWOOD. COLORADO. AS FOLLOWS:
~2!!...!-The City Cou ncil of Englewood, Colorndo, hereby approves the Intergovernmental
Agreement c1:111lcd '"Colorado's North Central All-llazards Region Health and l\1ed1cal
Memorandum of Undemanding", a copy of .,luch is auached hereto as Anacluncnt 1.
Sec tion l . Pursuant 1,, Aniclc V, Sccuon 40. of the Englewood Home Ruic Choncr. the City
Council has dctenmncd th.ii Attacluncnt I, altachcd to this Ord1Mnee, shall not be published
because of tis S17C. A co11y is avn1lnble III the Office of the Englewood City Clerk.
~-The t.fayor 1s hereby authont.ed 10 sign said lntcritovcmmcntal Al,'l'eCl1lCtll for and
on behalf of the C'ity of l•nglcwood.
Introduce.. read ,n full, nnd ~"ISscd on {in;1 rcadtnl! on the 7th day of July. 2008
9 b ii
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COLORADO'S NORTH CENTRAL ALL-HAZARDS REGION HEAL TH AND MEDJCAL MEMORANDUM OF UNDERSTANDING
TBIS MEMORANDUM OF UNDERSTANDING ("MOU') concerning a health and
medical response to a disaster is made and entered into this __ day of __ ___,
2008, by and between the participating hospitals localed in !be ten-county (Adams, Arapahoe,
Boulder, Broomfield, Clear Creek, Elbert, Gilpin, Denver, Douglas and Jefferson) metropolitan
area, known as !be Colorado All-Hu.ards North Central Region ("NCR''), the state and local
health departments, the 460a, Medical Group (460 MDG) located at Buclcley Air Force Base, llld
the local Offices of Emergency Management as listed below. Collectively, th= parties shall be
referred to as either the "parties" or the "participants" or the "hospitals" or the "agencies" .
INTRODUCIJONANDBACKGROUND
At any time a disaster or emergency condition, natural or man-made, may occur
anywhere in the ten-county geographic region or in a participating hospital that exceeds a
particular Partic',pating Hospital's available resources. Such a disaster could generate an
overwhelming number of patients simultaneously, or could result in a smaller number of patients
but with specialized medical requirements that exceed the resow,:es of the impacted facility (e.g.
humat injuries, pulmonary, trauma surgery, radiation contamination, etc.), or could require the
partial or complete evacuation due to an incident at a Participating Hospital.
Disaster conditions such as these are neither frequent nor predictable, and the actual risk
is therefore difficult to determine for any individual Participating Hospital. However, the
significant potential for harm to patients nod the vital role played by the hospitals in the NCR in
addressing and recovering from such a disaster require that hospitals consider and address !be
potential consequences of such an evenl
Because the role of Local Public Heal:b and City and County Local Emergency
Management is vital to the communication and distribution of assets during an emergency , their
participation in this Memorandum ofUnderstanding (MOU) is an important piece in the disaster
preparedness plans for the Colorado Front Range Metropolitan Medical Response System.
Additionally because the State of Colorado utilizes the All-Hazards Home land Security Regions for the purposes of planning and distribution of Depanment of Homeland Security funds, it is important that a MOU be in place between Hospitals, City and County Local Emergency Managers and Local Public Health. This MOU will outline the roles and responsibilities of each
of these entities in a disaster situallon.
RECITALS:
WHEREAS, th!s MOU is not a legally binding contract but rather this MOU signifies the
belief and commitment of the undersigned parties that in the event of a disaster, whether or not
the event bas been declared a disaster emergency by the Governor pursuant to C.RS. §24-32-
2104, the medical needs of the community will be best met if the undersigned parties cooperate
with each other and coordinate their response efforts; and
WHEREAS, the undersigned parties desire to set forth the basic tenets of a cooperative
and coordinated response plan in the event of a disaster;
NOW THEREFORE, in consideration of the above recitals, when one or more of the
participating entities detCllllint:s that a disaster has occurred that exceec!s their ability to respond
and mwiage, anc communicates their need for assistance to the other participating entities, the
undersigned pan'es agree that the following provisions shall be implemented:
ARTICLE!
™{I JNICA TION DURJNG A DISASTER
The participating entities will:
1.1 Communicate llild c.,ordinote e!Tons to respond to n dis:ister via their liaison officers,
public information officers, and incident commanders.
1.2 Receive alert information vie the Disaster Telephone Network (DTN), Health Alert
Network (HAN) or future replacement and EMSyslem or future replacement regarding any
disaster or special incidenL The 460 MOO may also receive an alert via the 460 SW
Command Post or radio communications with the 460 SW Disaster Co:itrol Group.
1.3 Commwiicatc with each other's Eme:-gency Operations Centers (EOC) including the State
BOC by phone. fax, email and 911 (dispatch or communication centers) during a disaster
or emergency incidenl In addition participating entities will maintain a redundant
communication system as back-up (e.g.. radio capability compliant with state
requirements)
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1.4 Establish and utilize a Joint lnforma1ion Center (JJC) during a disaster to allow public relations personnel 10 comrnuoicate with each other and release consistent community and media educational / advisory messages. Each undersigned entity should designate a Public Information Officer (PIO) who will be the liaison with the JJC. Depending on the event,
!ht JI C may be coordinated through !he local OEM, the local health department, Colorado
Department of Public Health and Environment (CDPHE), or the Colorado Division of
Emergency Management (CDEM). A lead PIO should be established to n .age the JJC,
serve as an advisor lo 101.JC, recommend a strategy for disseminatin~ information, and
obtain approval for release of information. If no umbrella organization assumes
responsibility, local OEM, public health and hospital public relations departments will
assume joint responsibility for creating and disseminating a comprehensive public
message.
ARTICLED
ONGOING COMMUNICATION ABSENT A DISASTER
The undersigned hospitals and local public health departments will:
2.1 Meel regularly under the auspices of the Metropolitan Medical Response System (MMRS)
to discuss emergency response issues and coordination of response efforts.
2.2 Identify primary point-of-contact and back-up individuals for ongoing communication
purposes. These individuals will be responsible for determining the distribution of
information within their organizations. These points-of-contact will be shared among the
MMRS, Ho1nitals, Public Health departments and City and County Office of Emergency
Managemen r contacts.
ARTICLE Ill
FORCED EVACUATION OF AN UNDERSIGNED HOSPITAL
3.1 In the event of an anticipated ~vacuation, transportation arrangements will be made in
accordance with the affected hospital 's usual and customary practice.
3.2 If a disastc1 affects an undersigned hospital(s) forcing partial or complete facility
evacuation, e.nd the affected hospita l has activated its emergency response plan and
exhausted intcmcl resources, the other undersigned hospitals agree to participate in
coordination with their local OEM in !he distribution of patients from the affected hospital,
even if this requires activating emergency response plans at the receiving hospital.
3.3 In the event of an evacuation, local OEM and 91 I (dispatch or communication centers)
will be the hospital pomt-of-contact 10 request support for organizing tnlllSportauon (bus,
wheel chair, BLS, ALS, cri tical care) for the evacuation and in coordination with CDPHE
and the regional hospitals will distribute patients lo the unaffected w,dcrsigoed hospitals
based on capacity and cnpabilities.
3.4 The undmigned hospi!al s will coniact CDPHE and the Health and Medical MACC for assistance in locating available hospital beds and their local OEM for 11SSistance in transportation of patients.
ARTICLE IV
RESPONSE WHEN THE NATIONAL DISASTER
MEDICAL SYSTEM IS ACTIVATED
4.1 If the National Disaster Medical System (NDMS) is activated in response to a disaster
outside the metropolitan area, the Federal Coordination Ceoter Denver (FCC) at Evans
Army Hospi!al will request bed counts from the undersigned hospitals.
4.2 If patients are to be received from outside the metropolitan area in response to the
activation of the NDMS, these patients will be distributed according to each hospital's bed
capacity and capabilities. The undersigned hospitals will cooperate by accepting transfers
in anticipation of arriving NDMS patients (for example, accept transfm from an
undersigned hospital to increase that hospital':; capacity to accept NDMS patients requiring
the specializ.ed services of a burn unit) if needed.
4.3 If the NDMS is activated in response to a disaster in the metropolitan area requiring
patients to be transported outside the state, NDMS will request infonnation from the
1mdersigned hospitals regarding the number of patients that require transportation. CDPRE
and/or the Colorado Division of Emergency Management (CDEM) will coordinate
resources with suppon from the US Public Health Service (USPHS). Once the NDMS bas
been activated, the USPHS and/or the FCC Denver at Evans Army Hospital will work with
the CDPHE and/or CDEM to coordinate airlift requests.
ARTICLEV
REPORTING BED CAPACITY AND CAPABILITY
5.1 Each hospital will report its bed capacity, its capabilities and its Emergency Department•~
abi lity to receive patients as requested throughout the duration of an emerg :ncy incident or
disaster. The capacity will be monitored by the MACC and the ESF 8 function within City
and/or County Emergency MnnagcmenL Each hospital will update this infonnation as
conditions change. If the event escalates to involve NDMS, hospitals wiU report
information as requested by NDMS .
5.2 Bed capacity and capabilities will include at a minimwn: medicaVsurgical floor , monitored
(step down), bum, pediatric and ICU. Reporting requirements will be established as
needed during an evenL
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ARTICLE VJ f\lJXll,IARY HOSPITAL AND CASUALTY COLLECTION LOCATION All participants agree to participate in a surge capacity plan including available staff and
ma1crials at alternate care (surge) sites. Each surge capacity plan will be added as an appendix to
this MOU as they are developed.
ARTICLEVTI
STAFF. MEDICAL SUPPLIES. AND PHARMACEUTICAL SUPPLlES IN THE
EVENT OF A DISASTER
7.1 ln the event of a disaster when patient care staff is in surplus at one of the hospitals and
lacking at another, upon request by the sbon staffed hospital, the hospital with the surplus
agree to share staff lo help ensure that the available hospital beds in the metropolitan area
are adequately staffed during a disaster. These requests and distribution of staff can be
made directly hospital to hospital, through the Health and Medical MACC or through
Emergency Management depending on the size of the incidenl Staffing may be
accomplished utilizing CPHMVS or other volwiteers as appropriate.
7.2
7.3
7.4
7.5
8.1
Toe 460 MOO personnel and supplies localed at Buckley AFB may be used in the event
of a disaster as authoriz.ed by official military direction.
In the event that needed supplies are in surplus at one of the undersigned hospitals and
lacking at another, upon request by the hospital in need, the undersigned hospital with the
sul])IUS agree to share supplies to help ensure that patients in the metropolitan area receive
necessary treatment during a disaster. These requests and distribution of supplies can be
made directly hospital to hospital, through the Health and Medical MACC or through
Emergency Management depending on the siz.e of the incidenL
The above staff and supply sharing will occur in cooperatioo between the medical incident
commanders.
For initial mutual aid response, each mutual aid response agency will ussume
responsibility for its own expenses during the first full operational period, if established,
or the first 12 hrs of an incidcnL Thereafter, the requesting agency/j urisdiction agrees 10
rei mburse providing agency/jurisdiction al actual cost based on rates l O days prior to the
onset of the incident/disaster .
ARTICLEVTII
LIABTLITY
Notwithstanding any other provision to the contrnry, no term or conditi on of this MOU shall
be construed or i,1terpreted as a waiver, express or implied, of any of the immunities, rights,
benefits, protection or other provisions of the Colorado Governmental I mm unity Act,
Secti on ~4-10-101 et.seq., CRS, as now or hereafter amended . Th e partie s understand and agree that liability for claim s for injwi es to persons or property arising out of negligence of the State of Colorado, its departmenL,, institutions, agenc ies, boards, official s and employees is controlled and limited by the provisions of Section 24-10-!0l et.seq., CRS and the risk management statutes, Section 24-30-150 1, ct.seq., CRS as now or hereafter amended .
8.2 For disasters that do not rise to the level of a governor-declared emergency disaster
pursuant to C.R.S. § 24-32-7104 , all participating entities agree to release, discharge and
hold harmless the governmental participating entitie5 from all liability, injuries, losses or
damages of any kind to perso ns, including death, or property, resulting in whole or in
part, directly or indirectly from the response provided pursuant to this MOU.
8.3 For disasters that do not rise to the level of a govemor-d ~lared emergency disaster
pursuant to C.R.$.§ 24-32-2104, the participating parties shall indemnify, save, and hold
harmless the governmental participating parties, their employees and agents, against any
and all claims, damages, liability and court awards including costs , expenses, and attorney
fees and related costs, incurred as a result of any act or omission by a participating party
other than the participating governmental entity, or its employees, agents, subcontractors,
or assignees pursuant to the terms of this MOU .
8.4 Other than as set forth in paragraph 7 .5 of Article VII of this MOU, no party to this
agreement shall be liable to any other party for the costs associated with a response
provided pursuant to this MOU.
ARTICLE IX
MISCELLANEOUS PROVISIONS
9.1 This MOU together v.~th the attached Exhibit and any appendi ces produced under Article VJ
constitutes the entire MOU between the parties with respect tu the subject matter hereof and
supersedes all prior oral or wrincn statements , understandin gs or correspondence , if any, with
respect thereto.
9.2 This MOU may be amended only by one or more Amendatory MOUs executed in U,e same
manner as this MOU , as well as by appendices agreed to by all parties.
9.3 AJ1y participating agency may terminate its purticipation in the MOU by providing sixty
(60) day's written notice to the lead administrator at each of the hospitals.
9.4 This MOU may be executed in counterparts, all of which shall be deemed to be an original,
and all of which, when taken together , shall constitute one and the same instrument.
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I N WITNESS WlJEREOP. the parties have caus--.,d this Memorandum of Understanding Ill be executed as ofL'1e day and year first above v.ritten. HOSPITALS
BOULDER COMMUNITY HOSPITAL
By ____________ _
David Gchant,
Chief Executive Officer
Date ___________ _
CENTURA HEALTH
By __________ _
Arlen Reynolds, Interim President and CEO
President and Chief Executive Officer
Date _________ _
COLORADO MENTAL HEALTH INSTITUTE AT Ft. LOGAN
BY-,---,---::--c---,c-c-::---------Keith LaGrcnadc, M.D.
Hospital Director
Date ______________ _
DENVER REAL TH AND HOSPITAL AUTHORITY
Including Denver Puhlic Bealtb
By _________ _
Patricia A. Gabow, M.D.
Chief Executive Officer
Date _________ _
EXEMl 'LA H EALTHCARE
By __________ _
Kathryn Ballinger
VP/G eneral Cowuel
Date _________ _
BEALTBONE
By.....,., __________ _
JeffDor~ey
Pre~ident ru EO
Da~----------
K1NDRED BOSPlT AL DENVER
By __________ _
April Myers,
CEO
Date __________ _
LONGMONT Ul'm'ED BOSPI1AL
By --=N"""eil""'Bertrand,:----,,---------
ChiefFinancial Officer
l)a~-----------
PLATTE VAL LEY MEDICAL CENTER
By c-:----::-::--:---------Jobn Hicks,
CEO
Date _________ _
THE CHILDREN'S HOSl'ITAL ASSOCIATJON
By----:::---,----::-:-:-------Jim Shmerling, DHA
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President and CEO Date _________ _
UNIVERSITY OF COLORADO HOSPITAL
By __________ _
Joyce Cashman,
Vice President
Da~----------
PUBLIC HEALTH
BOULDER COUNTY PUBLIC HEALTH
By ___________ _
Oa~-----------
COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
By __________ _
Da~-----------
ELBERT COUNTY PUBLIC HEALTH AND ENVIRONMENT
By __________ _
Mary Sue Liss,
Director
Da~-----------
• JEFFERSON COUNTY DEPARTMENT OF PUBLIC HEAL TH AND ENVIRONMENT
By
Cathy Corcoran,
President Board of Health
Date TRI-CO UNTY HEAL TH DEPARTMENT
BY--.,--..,.,..--:-:--:--:-::,-------Richard L. Vogt. M.D.
Date __________ _
BROOMFIBLD DEPARTMENT OF HEAL TR AND HUMAN SERVI CES
By ___________ _
Oa~------------
UNITED STATES AIR FORCE on beh alf of the 460 11 Medical Group
By _________ _
Michael L. Cryrek, Colonel, USAF. BSC
Commander, 460th Medical Gr0 r
Date _________ _
By_
D0011., W Mt.Gee, Colonel, USAF
Coll'lllldlldcr, 4,;od, Space Wing
Date
CITCES AND COUNTIES
A.DAMS CO UNTY BOARD OF CO UNTY COMMISSI ONERS
By
Date __________ _
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• ARAl'ABOE BOARD 011 COUNTY COMMISSIONERS
By __________ _
Date __________ _
BOULDER COUNTY BOARD OF COUNTY COMMISSIONERS
By __________ _
Date __________ _
• BROOMFIELD CITY AND COUNTY CITY COUN Cll,
By __________ _
Date __________ _
CLEAR CREEK COUNTY
By __________ _
Date __________ _
DENVER CITY AN D COUNTY CITY C()UNCIL
By __________ _
• Date __________ _
DOUGLAS COUNTY BOARD OF COUN TY COMMISSI ONE RS
B) -----------
Date __________ _ ELDERT Y BOARD OF CO NTY COMMISSIO RS
By __________ _
Date __________ _
GILP ' COUNTY BOARD OF COUNTY COMMISSI ONERS
By __________ _
Date __________ _
HOME RULE CITIES • AURORA CITY COUNCIL
By __________ _
Date __________ _
B LDER CITY O CIL
By __________ _
Date __________ _
BRIGBTO IL
By __________ _
• Date __________ _
• ENGLEWOOD CITY COUNCIL
By ___________ _
Date
LIITLETON CITY COUNCil,
By
James Taylor,
President of City Council • Date
THORNTON CITY COUNCil,
By
Date
WF.STMINSTER CITY COUNCil,
By
Mayor Jeny DiTullio
Date
WBEATR!D GE CITY COUNCil,
By • Date
EXHlBIT A -PARTICIPA TTNG ENTITTES CONTACT INFORMATI ON (tn be updated annually): HOSPITALS BO ULDER COMMUNITY U0SPITAL
David Gehant, CEO
POBox90l9
Boulder, Colorado 80301
Phone: 303-440-2375
F ede.ral Tax JD#
Holly Pederson, BSN, MA
Director, ED & ICU
Phone: 303-440-2041
e-mail: bpederson@.bch.org
CENTURA HEALTH
Arlen Reynolds, lntenm President and CEO
188 Inverness Drive WeSt, Suile 500
Englewood, CO 801 12
e-mail: arlenreynold.o;f@ccntura.org
Centura Avista Adventist Hospitul
Sue Kirk
Director of Emergency and Traama Services
A vis1ll Adventist Hospital
I 00 Health Park Drive
Louisville, CO 80027
Phone: 303-673 -11 24
e-mail: suckirk@centura.org
Federal Tax ID#
Centura Saint Anthony 's Central Hospital
Peter Makowski, CEO
4231 W 16th Ave.
Denver, Co. 80204
Phone: 303 629-4330
Fax: 303 629-2318
e-mail: pctcrmakowski@centum.org
Federal Tax ID# 84-0405257
Carrie Breece, Director of Safety and Emergency Mam1gement
Phone : 303-629-4541
e-mail: carriebreccc@centura.org
Centura Saint Anthony's North Hospital
Jim Dover, CEO
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• 2551 W. 8l1h Avenue. Wesunins1er, Co. 80031 Phone: 303 426 2402 Fax: 303 426 2155 e-mail: jimdover@Cen1ura.org
Federal Tax ID# 84-0405257
Carrie Breece, Director of Safety and Emergency Management
Centura Littleton Adventist Hospital
Keo Bacon, Chief Executive Officer
7700 South Broadway
Littleton, Colorado 80122
Phone: 303 730-8900
Fax: 303 730-5858
e-mail: kenbacon@centura.org
Federal Tax ID# 84-043827.4
Rick Boyer, Safety Officer
Phone: 303-73 8-2643
• e-mail: rickboyer@ccnmra.or&
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Centura PaA:ei Adventist ifospital
Tcny Forde, CEO
9895 Crown Crest Blvd.
Parker, Colorado 8013 8
Phone: 303-269-4000
Fax: 303-269-4019
e-mail: russcllkoch@centura.org
Federal Tax ID#
Russ Koch, Facilities Director & Safety Officer
Phone: 303-269-4012
e-mail: russellkoch@ccn tural.org
Centura Porter Adventist Hospiml
Jim Boyle, Chief Executive Officer
2525 South Downing Street
Denver, Colorado 80210
Phone: 303 778-1955
· e-mail: boylej@centura .org
Federal Tax ID#
Kelli Dahl, Dircc•or of Safety and Security
Phone: 303-765-6147
e-mail: kelhdahl@ccntura.org
DEN VE R HEA LTH AND HOS PITAL Al'THORITI' (D HH A) Patricia A Gabow, M.D. Chief Executive Officer and Medical Director 660 Bannock Street, 5~ Floor
Denver, Colorado 80204
Phone: 303-436-6608
Fax: 303-436-5073
Federal Tax ID# 84-1343242
Jenny Schmitz
Emergency Preparedness Manager
Phone: 303.436.3 086
Pager: 303.208.01 45
Fax: 303.436.5893
e-mail : jenny.schmit.zlii)dhha.org
EXEMJ'LA HEAL TB CARE
Kathryn Ballinger
\'P/General Counsel
Legal Services
2420 West 26"' Ave Suite 100-D
Denver, Colorado 80211
Phone: 303-813-5131
Fax: 303-813-5015
e-mail: BaUingerK®exempla.org
&Y.c1npla Good Samaritan Medi cal Center
David Hamm, President and CEO
200 Exempla Circle
Lafayette, Colomdo 80026
Phone: 303-689-4000
e-mail: hammd@exempla.org
Federal Tax lDfl 98-16877-0000
Rob Robbins, Safety Officer
Phone: 303-689-5550
Fax: 303-68Q·5557
e-mail: RobbinsM(@excmplaorg
Exempla Lutheran Medical Ccnte,
Robert Malle, President and CEO
8300 W 38th Ave
Wheat Ridge. CO 80033
Phone: 303-425-4500
e-mail: n1~hcr@cxcmpJn.org
Federal Tnx ID#
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Kim Vowell, Safet} Officer Phone : 303-425-2719 Fax : 3')3-4 67-8854 e-mai l· ~YO!!lWC~llk@mfil.l!.l!&&rgr
Exempla Saint Joseph's Hospital
Robert Minkin, Presidcal and CEO
l 835 Franklin St
Denver, CO 80218
Phone : 303-837-7111
e-mail : minkinr@exempla .org
Federal Tax ID#
Brad Steininger, Safety Otiicer
Phone : 303-837-7408
e-meil: steiningerb@exemple.,org
HEALTH ONE
Jeff Dorsey
President e.nd C'EO
4900 S. Monaco Sb'eet
Denver, CO 8023 7
Cen1ennial Medjcal Plaza
John Hill, CEO
Stephanie Sparks, Safely Officer
1501 S. Potomac Street
Aurora, CO 80012
Phone : 303-873-5232
Fax: 303-S73-5232
E-Mail : stephanie .sparics@hcalthonecares .com
Medical Center o(Aurom
John Hill, CEO
1501 S. Potomac Street
Aurora, CO 80012
Phone; 303-873-5942
Pax : 303-695-2714
Pederal Tax ID#
• Stephanie Sparks, Safety Officer
Phone : 303-695-2600
e-mail : ~tcnbanie .sparks@henlthonecares .com
North Suhurbnn Med ical Center
Todd Steward , CEO
9191 Grant SU'CC1, Thornton, Oiiorado 802:?9 Phone : 303-450-4510 Fax: 3<i3-450-4458 E-Mail: 10\!d Neward@heantpoecams com
Federal Tex ID# 84-1321373
David Barron, Director of Plant Operations
Phone: 303-450-4411
e-mail : david.barron@healthonecares.com
Presbyterian Saint Luke's Hospital
Madeline Roberson
President & CEO
1719E.19'' Ave.
Denver, CO 80218
Phone: 303-839-6100
Main: 303-839-6000
Email: mimi.robertson@hea)thon~
Federal Tax ID# 84-1321373
Robert Starke
Director, Safety, Security, Emergency Preparedness
Phone: 303-869-2152
Fax: 303-839-6596
e-mail : robert.starke@healthonecares.com
Rose Medical Center
Erica Farber
Ethics and Compliance Officer
4567 E. Clth Ave.
Denver, CO 80220
Phone: 303.320.2036
E-Mail: erjca.farber@healthnn~carc~.com
Tax ID# 84-1321373
Roger Rewerts, Safety Officer
Phone: 303-320-2025
e-mail: roger.rewert~@healthonecares.cmn
Sky Ridge Medical Ce nter
Maureen Tarrant,
President and CEO
Sky Ridge Medical Center
I 0101 RidgeGatc Parkway
Lone Tree, Co 80124
Phone: 720-225-1000
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e-mai mruirccn ljl!Tan1@heahhonecares com Fedcru.l Tax IOI> 84-132 I 373 Chris Duran JU-', 8';:--1 EMS and TrnUl!l! Program Director
Emergency Preparedness Coordinator
Phone : 720-225-1475
Fax: 303-208-6807
Email : Chris.Duran®healthonecarcs .com
Swedjsb Medical Center
Mary White, CEO
50 1 E. Hampden Aven ue
En gle wood, Colora do 80 I I 3
Phone: 303-7 88-5000
Fax# 303-7 88 -6269
E-Mail : Marv.White@ heal th onecares.com
Tax ID# 84 -1321373
Dennis Bun dy,
Phone : 303 -788-5656
e-mttil : dennis.bundy@lhealthon=cares.com
KINDRED HO PITAL D • R
April Myers, CEO
1920 High Slxect
Denver C:O 80218
Phone: 303-331-5219
Tax ID#
Emergency Preparedness Coordinator
Jean Pierre Lewis
Phone · 303 33 I 5526
Fax : 303 331 S554
Cell : 303 598 8599
!:.-Mail: ·can. ierrc ,le · a kindredhea lthcare .cnm
LO GMON T U !T ED 110 PITAL
Neil Bertrand, CFO
1950 Moun tain View Ave.
Long mont , CO 80501
Phone: 303-645 1-5023
Fax: 303-678-4050
E-Mni l: hertran a Ju nrcs. r,
Federal Tax ID/I 84-4ti0697
Mruy Pancheri, nfeiy Manager
Phone. 303-651-5483 Fax ; 303-485-4556 e-mail: m nchcrj@luticare.~.org l'L 1T LL Y 1EOI ALC NT R Kun Geruert, RN, BS ', CEN
Direcior ofcmcrgency Services
1600 Prairie Center Parkway
Brighton, CO 8060 I
Phone : 303-498-1906
Fax: 303-498-1915
E-Mail: kgensert@pvmc .org
Tax ID # 84-04-82695
Trish Evans, Trauma Nurse Coo rdinator
Emergency Department Staff Educato r
Phone : 303-498-I 906
e-mail: TEvans@pvmc om
THE CHO 'll ':. "· OSPITAL ASS OCIATIO N
Jim Shmer1• :. T'r~,. ;, ! & CEO
The Children Hospi.ul
13123 West 1.,i:r Averue
Aurora, CO 8004S
Phone : 720-777-1234
Fax: 720-777-6730
e-mail : filmierling.jjm@tchden .org
Federal Tax ID# 84-0166760
Peggy HeMingscn, Emergency Management Coorclin.a10r
Phone : T.!0-777-6307
e-mail'. hennlngsen .peggv@tchden.oq;,
I\ RSITY
Joe Hart OLORA0O HO PITAL
Manager, Engmeerin,i crvices
Anschutz Inpatient Pavili n
Mail to p A073
P.O. Box 6510
Aurora, CO 80045
Phone -720 -848-6636
Fax· 720-848-S505
E-Mail : i®,hnrt @uch.cc.ll1
Tax ID# 84-1179794
Jim Feist, afcty Officer
Phom· 720-848-6632
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Main Phone: 303-567-3147 Fax Line: 303-567-3132 DEN\'ER PUBLIC HEALTH 605 Bannock, MC 2600
Denver, CO 80204-4507
Mam Pnone : 303--436-7200
DENVER ENVlRONMENT AL HEAL Tl-I
;OJ W. Colfax Av.:nue, Dept 1009
D=••ver, CO 80202
Main Phone: 720-865-5365
EL~2RT COUNTY PUBLIC HEAL TH
, J) Comaoebe
Kiowa, CO 80117
Address: PO Box 20 l
Kiowa, CO 80! 17
Main Phone: 303-621-3144
GILPIN COUNTY PUBLIC HEALTH NURSING SERVICE
2960 Dory Hill Road, Suite 120
Black Hawk, CO 80403
Main Phone: 303-582-5803
Fax Line: 303-582-5798
JEFFERSON COUNTY DEPARTMENT OF HEAL TH AND ENVIRONMENT
180 l 19th Street
G!'ldcn Colorado 80401
M-.a Phone: 303-271-5700
TRI-COUNTY HEALT!-1 DEPARTMENT
7000 E. Belleview Ave, Suite 10 I
Englewood, CO 80111
Main Phone: 303-220-9200
"LJLORADODEPARTMENTOF PUBLIC HEALTH AND ENV[RONMENT(CDPHE)
4300 Cherry Creek Drive South
Denver. Colorado 80246-1530
303-692-2000
1-800-886-7689 (ln-sUltc)
COORDINAT.INC: Of1'FICES OF EM ERG ENC\' MANAGEMEl\'T:
ADAMS COUNTY OFFICE OF EM ERGENC', MANAGEMENT
Adams Coun'Y Office of Emergcn•:y t.' anngcmcnt
420 l E. ~2nd 1. l'e.
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T •RA AP IR '> \STE OLORAOO HEALTH CARE V fE Brad McCollam Chief, Facilities M~"tc;cment
I 055 Clennont S1re,
Denver, CO a(i::!W
Phc>ne: 303-399-8020 CA 2604 or 4337
Fax: 303-393-5257
E-mail address : rad.,ncqi;lru:.n.fuv~
• COLORADO MEN'!' AL f!F, I 'fFI £NSTJTUTE AT FORT L' 1 AN
Ke ith LaC,rcnade
Hospi taJ Director
35 20 W. Oxford Ave.
Denver , Co lora.:lo 80236
Phone : 303 866-7066
Fax: 303-866-7048
Federal Tax ID#: 98-0:565
• BUCJQ,EY AIR FORCE BASE MEDICAL GROUP
460 MDG/SGSX, Medical Readiness
830 Potomac Circ.lc,
A•u-,ra CO, 800 l I
720.847-6769
720-84 7-6409
• denotes facilities which cannot participate in full MOU due to institutional restrictions, but
support the process 1111d general provisions.
PUBLIC HEALTH D PARTMENTS
BOULDER PUBLIC HEAi TH
3450 '3ro ndwny
Boulder, CO 80304
(303) 44 l•l JOO
CITY AND COUNl Y OF UROOMFIELD PUBLIC HEALTH
6 Gnrdcn Cen ter
Broomli el d, CO 8002 0-1730
Main Phone : 720-887-2200
CLEAR REEK COUNTY '~URSINO SERVICE
153 I Colorado Boulevard
Idaho 'prings, C 8(14 52
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Commerce City, CO 80022 Office: 720-322-1400 FAX: 720-322-1404 Duty Officer pager: 303-6"9·0011
ARAPHAHOE COUNTY OFFICE OF EMERGENCY MANAGEMENT
Arapahoe County Emergency Preparedness
13101 East Broncos Parkway
Centennial, co 80112
Office: 720-874--41 &6
FAX: 720-8 1-4158
AURORA OFFICE OF EMERGENCY MANAGEMENT
15151 E. Alameda Parkway
Suite 4100
Aurora, CO 80012
303-739-7636 • phone
303-326-8986 -fax
BOULDER CITY AND COUNTY OFFICE OF EMERGENCY MANAGEMENT
1805 33rd St
Boulder, CO 80301
Office: 303-441-3"~3 or 303-441-3390
FAX: 303-441-3884
BRIGHTON OFFICE OF EMERGENCY MANAO&\IBNT
City ofBriP,hton/Gi·eater Brighton Fire Protection Dimict
3401 E. Bromley Lane
Brighton, CO 8060 I
Office: 303-655-23 16
FAX: 303-659-6961
BROOMFIELD OFFICE OF EMERGENCY MANAGEMENT
11600 Ridge Parkway
Broomfield, CO 80021
Office: 720-887-2078
FAX: 720-887-2001
CLEAR CREEK OFFICE OF EMERGENCY MANAGEMENT
P.O. Box 2000
Georgetown, CO 80444
Office: 303-679-2320
FAX: 303-679-2440
DENVER OFFICE OF EMERGENCY MANA GEMENT
1~37 Bannock St .. Rm 3
Denver, CO 80202
Office· 720-865-7600 FAX: 720-865-7691 DOUGLASCOUNTYOFFICEOFEMERGENCYMANAGEME!s7 4000 Justice Way
Castle Rock, CO 80109
Office: 303-660-7505 x6 l03
FAX: 303-814-8790
ELBERT COUNTY OFFICE OF EMERGEN,:Y M.\'IAC'EMEITT
P.O. Box 295
Kiowa, CO SO 11 7
Office: 303-805-6131
FAX: 303-621-2055
ENGLEWOOD OFF1CE OF EMERGB4.::'l MA.NACTEMtl-7
Englewood Fire
3615 South Elati ~
Englewood, CO 80110
Office: 303-762-2476
24 hr: 303-761-7490
FAX. 303-762-2406
GILPIN COUNTY OFFICE OF EMERGENCY MANAGEMENT
Gilpin Co Sheriff's Office
2960 Dory Hill Road
Golden, CO 80403
FAX: 303-582-3813
Pager: 303-208-3909
JEFFERSON COUNTY DEPARTMENT OF EMERGENCY MANAGEMENT
SOO Jefferson Parkway
Golden, CO 804 I 9
Office: 303-271-4900
FAX: 303-271-4905
LITTLETON OFFICE OF EMERGENCY MANAGEMENT
City Manager's Office
2255 W. BelT)' Ave.
Littleton, CO 80 I 6S
Office: 303-795-3720
FAX: 303-795-3818
1HORNTON OFFICE OF EMERGENCY MANAGEMENT
Thornton fire Department
9500 Civic Center Drive
Thornton, Colorado 80229
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Office ; 303-53 • 76S2 FAX 303-S38-7660 WESTMINSTER CFFICE OF EMERGENCY MAN.-.GEMENT Westminster Fire Department 9110 Yates SL
Westminster, CO 80031-2540
Office : 303-430-2400 x4SSO
FAX : 303-706-3913
WHEA TRJDOE OFFICE OF EMERGENCY MANAGEMENT
Wheat Ridge Pol ire Dept
7500 W. 29th Ave.
Wheat Ridge, CO 80033-8001
Office; 303-235-2918
FAX : 303 -235-2949
EXIDBIT B · DEFINI TIONS: Advanced Life Surpon (ALS): ;';amed emergency medical services pel'SOMel whose scope of practice authorizes the use of invasive therapies includmg oral, intramuscular and inuavenous med,cation administration as well as advanced skills including cndotrachcal inrubation and cardiac pacing. A. common ALS classification is that of paramedic, emergency medical
technician (EMT)-intcrmediate or EMT-paramedic.
Auxiliary riospital: A facility establi~hed ti, p:1vide ongoing patient care in a non-hospiti,J
environmc.~l o~mari ly to serve as austere r IIJ't ,,v-.rflow bed space during an epidemic or other
prolonged ~•ergenr.y situation with mass ca .\J4l t.e~
Basic Life Support (BLS), Trained emerg.;ncy medical services personnel whose scope of
practice is limi\!, I to non-invasive patient care as describe under BME Rule 500. A BLS
responder is Du authorized to perform inva=ivc airway maneuvers such as endotracheal
intubation. A ~c ,..,mon BJ ,S classificatio,. is that of EMT-basi c.
Casualty Collection Location: An area established to collect or triage casualties either between
the scene of an incident and the hosp;tal (e.g.: a casualty collection point al an air crash site), or
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between the hoSJ.ital and omgoing transportation resoW'CCS (e.g.: an airport hanger during a •
National Dt~sster MediC.11 System evacuation from the Denver metro a."Cll).
Colorado Department of Public Health and Environment -Office of Emergency Preparedness
and Response (CDPHE-OEPR). CDPHE-OEPR is the Slate agency that will coordinate state and
federal resource response during a disaster.
Disaster: a situation or event that overwhelms local capacity, necessitating a request for external
resources.
Disaster Telephone Neiwork (DTN): An emergency telephone syS1em that is used 10 provide
information lo hospitals during a disaster or emergency incident When the designated telephone
rings, hospital personnel simply pick up the receiver and listen to the information.
Emergency Incident: Any occurrence which presents a serious threat to the health of the
community, disruption lo the service, or causes [or is likely 10 cause] such numbers or t:,pes o~
casualties as 10 require special arrangements to be implemented by hospitals, ambulance serv;~s
or health authorities.
Emergency Operations Centers (EOC): The coordination center for emergency response to an
incident The state, county. city, and affected hospitals rcay each have their own EOC for their
portion of the event, but liaison effons between such centers are of critical importance.
EMSystem: An internet-based hospital ~talus system used by all NCR hospitals 10 repo11 •
open/closed ,diven stntus in real ume. Messaging functions via EMSystem can reach all
hospitals with messages r.imultaneously. Additional functionality according to th e MOU
language adds bed C4pacity reponing provisions which ..re 10 be updated daily so that real time
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data is available in case of a mass casualty incident/disaster . The Colorado Hospital Association (CHA ) and the Regional Administrator for EMSyslcm oversee the EMSystem. HCStandard: An internet-based hospital inventory system purchased by the Colorado Department of Public Heath and Environment and that will be made available for hospitals to inventory and track their internal resources.
Hospital Incident Command System (H]CS): A command framework for hospitals which is a
NIMS compatible incident command system and specifies the chain of command and functional
positions thBI may be required during a hospital's response to a disaster or emergency incident
lncident Commander (IC): The Incident Cu.mnander is responsible for overall incident
management and all command and general staff functions. Toe IC will control all activities
associated with tbe mitigation of the incident quickly and economically and provide for the
safety of the public and responders. The IC will be selected based on qualifications and
experience.
Multi-Agency Coordination Center (MACC): During a disaster the area hospitals and public
health agree to communicate v.ith one another using pre-agreed technology to act as a unified
voice in the disaster response, and to determine the distribution of needed assets as requested Ly
Emergency Management, Public Health or other hospitals. This MACC can he either a phy~,...i.:
location or virtual communication between the entities.
Unified Command: In JCS, Unified Command is a unified team effon which allows all agencies
wtth responsibility for the incident, either geographical or functional, to manage an incident by
establishing a common set of incident objectives and strategies. This is accomplished without
losinit or abdicating agenct authority, responsibility, or accountability.
Joint Information Center (nC): A source of information that is designated by more then one
agency or group to speak on behalf of 1111 during llD emergency to ensure consistent messages and
now of information.
Liaison Offaer (LO): The Liaison Officer is responsible for :ontact with outside agencies such
as he.!lth departments or the local Office of Emergency Management during an incident The LO
will provide advice and inform:ition on the disaster or emergency response plan, the names of
contaets from outside agencies and businesses as well as what is expected of those entities.
Metropolitan Medical Response System (MMRS): The organization of public safety and health
agencies that has provided the planning, oversight, and integration of weapons of mass
destruction planning into emergency planning for the ten-county North Central Region under
grants from the U.S. Departments of Health and Human Services and Homeland Security .
Na tional Di~ter Medical System (NDMS): A contingency sys1em of voluntnrily commined
hospital beds throughout the United States that may be activated when a disaster overwheh.,s
regional healthcare resources and requires evacuation of patients to another region of the nation
for care Plans are in place for the reception of patients into. and evacuation out of. the Denver
metropolitan area should this type of event occur.
Published a. a 8111 for an nhn~ncc on 11,e 11" da) or July. 200 Read by 111lc and pa!iSCd on final reading on the 2 ISi day of Jul). 200 . Pubh hcd by ll'lc as Ordmancc o. _. Sones of200 , on 1he :?51h day of July, 200 .
ATTES T: James K. Woodward , Mayor
--... ---lour• , A 1" ''~. C1I )' Clerk
I, Lo~ ,.: A , Elli ~. ily Clerk of the Ci ty of Englewood, Colorado, hereby certify 1hat lhc
~bove and 1.irc1,v,ng i. a true cory of the Ordinance passed on final reading and publi shed by
title as Ordinance No .__, ,~eries of 2008 .
Loucrishie A. Ellis
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BY A\..'1 IIORln' O1<DINANCE NO. l>I Rn:~ OF 2008 COUNCIi BILI NO 41 ll\'TRODULEl1 B\ COUNCIi MEMBER ~IOORE Ai, rJJlDINANCE AlITHORIZING Tllli ACCEPTANCE OF A GRANT ENTITLED .. S rATE
UI COLORADO DEPARTMENT OF LOCAL AFFAIRS EMERGENCY MANAGEMENT
PERFORMANCE Gk.'\NT AGREEMENT (EMPG) WITH THE CITY OF ENGLEWOOD"
WHEREAS. m 2007 an appropnallon was made by Congress annc<I a1 imprO\ ing preparedness
h •1~h suppon for emergency mnnagemcnl programs; nnd
1\1I IEREAS, lhe Emergency Managemen1 Performnnec Granis program 1s dcs1gm'd 10 provide
suµplcmental funds for 1hc strcnS1hening or local govcmmem emergency manogcme111 offices .
..,,tile conserving local I esourccs, 10 help prcp;irc their communities for di54s1er plnnmng,
m111~a1ion, 1esponse and recovery; and
WI IEREAS, the Cily of Englewood Office of Emergency Manogemem rcques1ed 1hc
Emergency m.anagemem Performance Omni (EMPG), and lhe S1a1c has nwor<.fod lhc Ci1y • granl in
the amount ofS2I.OOO; qnd
WHFREAS , lhe Grani fund• will be used 10 address 1hc following needs;
• Fwicuo1U! cqu1pmen1 such u compu1cno and uninterruptible power supplies arc needed to
bring the EOC 10 a higher level of capab1!11y;
• TI.: room where lhe cOC 1s lucated 1s no, currcn1ly on emergency gcncro1or power, and nn
cngineenng s1udy needs 10 be performed to determine bow to corrccl 1h01 dcfic1cney;
• The pan-1ime in1em will provide much ne, led s1aff assisrnncc 10 1hc emergency
managcmcnl office 10 help complete 1he" 11ing of the Ci1y's Emergency Opcmlions Pinn.
NOW, 1 lll)REFORE, BE IT ORDAINED IJY THI, CITY COUNCILOF'I Ill: t'ITY or
ENGLEWOOD, COLORADO, AS l'OLLOWS:
Scc11on I file t'ny Council of the C11y of Englewood, Colorado hereby au1hnn1es 1hc
acceptm,cc of 1he .. Stale of Colorado Dcpanmenl of Local Affairs Emcrgcnc) Mana~emcnl
l'Li-fomiall<'.e Grant (EMl'G)" 10 lhc Ci1y of Englewood. allached hcrsio as A1111thmc111 I
~-Pursuanl 10 An1clc V, Sl'Cllon 40. of lhc Englewood llomc Ruic Chnncr. the C11y
Council has dc1ennincd 1ha1 Annchmcnt I, anached 10 1his Onl111anee, shnll nol be pubhshcd
becaus,, of i1s size. A copy •s available in the Office of the Englewood C11y Clerk
~ The C11y Manager 1s nu1hom.cd 10 cxccu1e sa id ln1crgovcmmc1m1! limnl
Agreement for nnd on behalf of 1hc Ci1y or 1'nglcwood .
hnroducc<I. rc.1d 111 full, nnd pnsscd m1 first rcndmj! on 1he 7'' day uf Jul y, 1008.
EMPG 2007 Supplcmtntnl Gran1 Pro;t-et/Awnrd #SEM7S9~ Pho« I \Vo her#: __ Routing # l.Q!)j NAA __ Encumbrance# 8EM7SQ 8 CFDA # EMl'G · 97 042 Acco unt Cod c(s): 100fSB00mG/F7LGIJ77GIS I 10 STATE OF CO LORADO DEPARTMENT OF LO CAL AFFAIRS EM"ERGID e__y 1,U1j~d:m.NiErs:.T.RE&iY1iir~~ G _-::_'r CRiWtc1J
GRANT AGREEM RNT
With th e
City of Englewood
I. PARTIES
THIS GRANT AGREEMENT i(iranf') 1s entered mto by 111d between the C11y of Englewood ("Gran!ct' ·,
and the s·r ATE OF COLORADO (the "State") act.mg by and through the Colorado Deportment of Local
Affairs (the "Department'') for the benefit of the Division of Emergency Management (CDEM).
2, EFFECTI VE DATE AND NOTICE OFNONLIABILITY.
This Grant shalt not be effective or enforceable unlil approved and signed by the Colorado State Controltcr or
aul),oriud delegate ("Effective Date"), but shall be effccbvc a. J ,.,,f:>reeablc Lltercaftcr in acco,dance -..,t, :ti.
provisions. The Department shalt not be obligated to pay or rcimour.c Grantee for an y performance
~~cunder, in cluding, but not hmitcd to costs or expenses incurred or be bound by any provision ~1 this Grant
pnor to [ulw one of the following options A-C by checldng the l,,,x next to stlccted option}
A. Option
181 The Effective Date.
B. Option
0 The later to occw-of the Effective Date or the date of a separate letter issued bv the Department
iRclcasc ofFund s Letter") notifying Grantee of the completion of a satisfactory environmenta l review
and authorizing Grantee to obligate or use Omni Funds .
C. Option
0 The Effec1tve Date; provided, however, that /chec/c applicablt sub-option(s)]
I. Sub-Option
0 all Pro;ect costs, 1f spcc1fteally authorized by the fundmg authori1y, ineum:d on or a0er mser1
federal grant's effective date, may be submitted for reimbursement as if incurTCd after the Effcct,ve
Dote; or
ii. Sub-Opuon
0 all Pro;cct costs, 1f spcc1ficall)' authorized by the funding nuthonty, incurred on or a0cr msert
frtleral grnnl's elTt'tllVC dote nnd prc-awurd costs for insert purpose, if ony, incurred on or after insert
stnrtmg d"1, allowed under the federal award for prc-awmJ costs such eostS, may be submitted for
re1mbursem ,11 111( incurred after the Effcc11ve Date.
il l. Sub-Option
0 all or some of the costs or expenses incurred by Grantee prior to the Effccuvc Date which have
bctn or will be paid with non-federal funds may be included as a part of Grnn1ce's non-federal match
requirement, set forth herein and in Exhibit n, Stntcm enl of Work, attnched hci·cto and incorporated
by reference herein, if such e ,sts or expenses arc properly documented as eligible expense• m
accordance with mscrt reference to proper documentntion .
3, RECITALS
A. Aut hority, Appropriation, And Approval
Pas< I of 16
A T T A C h M C N T l
Al.!honl) (or tlu <,runt >nscs from ( I( 5 PA J~-~101 cl seq Authonty .,_,,1, ,n !ht la" and fund1 have been hudgcu:d, nppropna1ed and other-v ,sc made »-:,,!able and a suffrc1cn1 unencun ,crcd balance thereof remains ava,lnhlc for payment nod tht rcqu:rcd appro\'al, cka.rancc and coo,drnaunn have b,-.c accomphi>hcd from and w11h app1op:,a1• ,gcnc1cs II, Cronlre Grantee as ar chs1blc rc:<1p1cn1 or C,r.1n1 funds made .. -.,table by the 1~01,~•m. ,1 Jcfmcd l'Clo", ~ad av..rdcd by thlS Grant Gr.anicc ,saw.ire or. wllhng aml able to comrly with al' prtms10m •~=•,,c to tl,c l'roi;nm. u •ti forth m f xhlbll A, AJ,phcable Laws, attached hereto and mcorpor:ncd by ,cfe,'Cl1ce herein, and 10 complete the ProJc:ct. dcscnt>cd 1n Exhibit fl C. r urposc and Ocpanmcnt's Role The Oq,11ttmcn1 odmm1<1crs fund• made a,,aalabk to the Deportment for the purpo~ or ass,,ung State
and Local govcmmcn!$ to sustain and enhance all-hazards eme:-gency management capab,hucs The
purpose orlh,s agrccmenl ,s de101lcd an Ex hi bit 8
4. UEFI NJTlONS
The followmg temis as used herein &hall be consl!Ued and mterprctcd as follows:
A. F.ITccll•e Oatc
EffccU•e Date means the date this Grant ,s effective and enforceable an lccordance with §2, above herein
8. Goods
Goods means tu1y p:,ys1cal item produced or manufactured and acqwred by Gran.e-e,lhcr separately or in
coni un c11on with the Serv1c~ rendered he:reunder that are required by !h e provisions hereor.
C. Crnnt Ji'unds
Grant Funds mCJ1ns the funds available for distribulion by !he Department to Grantee for use m
connccuon with the Proicct, as set forth in the Recitals and Statement of Work sections hereof.
D. Party or Parties
Party or Panics mean s one or both or the Department and Grantee.
E. P1o gram
Program means the fedt.-rol ur slllle fundm_g fo, this Gr.ml
F. Project
PmJCCI means lhe Pro;ccl dcscnbetl an lhe Recitals and Statement of Work sections hereof.
G. Project Budget
Pro;cct Budget means the l'roJcct Budget described in the Statement of Work.
fl . Smlccs
Service$ means service~ performed or tangible matenal produced or dehvcred m eomplclmg the Pro;cct
and m performance of Grantee's other obi 1gauons hereunder.
I. Terminal.ion Date
Termmauon Date means the date lh,s Grant terminates as descnbcd in §5(A), below herein.
J. Work Product
Work Product 111C11n> oofiwarc, rcscarch, rqx,rts, studies, data, photographs, nc;:attves or olhcr finished or
unfinashcd documents, drawmgs, models, wrvcys, maps, malcnals, or work projuct of any type,
mcludmg drafts, prepared by Grantee m completing !he Project and in performance or Grantee's other
obhg1111oru hcn:under
S. TCRM ond EARLY TEllMINATION
A. lnltlol Trrm-Work C'o nuncncoanent
·n,e tem1 ofth1s Grnnl shall comnicncc on the latc-r uflhe Effective Dale ur June 9, 2008, and tcnmnate
on June ~O. 2009, unles> terminated curlier as provided below. Grantee's obligations under this Grnnt
sha ll he undertaken and pcrfonncd m the &equcncc and manner sci forlh in the Sia lenient of Work
Performance of1h1s Orunl shall commence ns soon as pracucable after {selec10 11e 0/1/,tfollowing optwns
by checking 1hr bo• 11CJ:t to sc/cctcc/ oplion]
I. ~ the Effcc11vc Dale; 01
ii. 0 the later lo occur of the F.ffcc llvc Date and the dale set forth ma Release or Funds Lener.
II . Dc1mrt111c111 1s O ption lo Extend
·n,c Dcp,rtmc11t, 111 ns sole d1scrc11on ond upon wnnan notice 10 Grantee, may un,latcrolly extend the
1m11 of this Grnnt fo, a pcnod of up 10 1:irec months under the s ,me provisrnns as the on"1nol Ga 11111. 'nus
r,gel or 16
EMPG 1007 Sup?l emcntal Gsant ProJe-c\/Anrd #S EM7SQf Phan J W,ihcr i:: __ Rnuling # ~ NAA __ Encumbrance /I~ CFDA # EMPG · 97.042 Account Code(s): I00/S8 00n7G/F7LCl377G/5110 ST.\ rE OF COLORADO DEPARTMENT OF LOCAL AFFAIRS EMERGENCY MA AGX_~ERROR~CE'~AA:rfi ~fP ~
GRANT AGREEMENT
With t h e
City of Engl ewood
I. PARTIES nns GRANT AGREEMENT ("G rant") ,s entered into by and between the City of Englewood ("Grantee"),
and the STA TE OF COLOR.ADO (the "Sate") acting by and through the Colorado Department of Local
Affairs (the "Dcpa;1ment") for the benefit of the O,vmon of Emergency Management (CDEM).
2. EFFECTI VE DAT!! AND NOTICE OF NONLJABILITY.
This Grant shall not be effecti ve or enforceable until approved and signed y the Colorado State ContToller or
authorized delegate ("Effective Date''), but shall be elfcct,ve and cnforcc:.ole thereafter m accordance with its
provisions. The Department shall not be obhpted to pay or reimburse Grantee for any performance
hcrcundtr, mcluding, but not hrruted to costS or expenses incurred, or be bound by any provision of this Grant
pnor to {stltct one of th, following options A-C by checking the box next to selected option}
A. Option
18) The F.ffective Date.
B. Option
0 The later to occur of the Elfcct1ve Date or the date of a sepmte letter issued by the Department
(''Release of Fund s Letter") notifying Grantee of the completion of n ~atisfactory env ironmen ta l review
and authorizing Grant~e to obligate or use Grant Funds,
C. Optlo11
0 The Elfcclivc Date; proVIded, however, that /check applicubl, sub-option(s)f
l. Sub.Opnon
Dull ProJect costs, if specifically authorized by the funding authority, in cu1Ted on or ofter msert
federa l grant's elTccuve cute, may be submitted for reimbursement as if incu~ after the Effective
Date, or
ii. Sub-Opuon
0 all ProJecl costs, 1fspec1fica!ly authonzed by the funding authomy, incutTCd on or afler insert
federal grant's e1Tec11ve date and pre-award costs for insert purpose, if any, 1n;un·ed on or after insen
sUlrtmg date allowed under the federal award for pre-award costs such co5ls. may be submitted for
re1mbursemenl IS 1f mcum:d aflcr •',e EfTcchvt Date..
iii. Sub-Option
0 nil or some of the costs or expenses 111cu1Ted by Grantee p•1or to the Effective Date wh ich h,,r:
been or will be paid with non-federal funds may be included ns a pa 11 of Grnntcc's non-fed:ral match
rcqurrcrncnt, set forth herein and in Exhibit B, SUltement of Work, anached nereto and mcoq,lrated
by reference hetem, tf such costs or expenses are properly documented as eligible expenses in
accordance with msc, I reference 10 proper documentauon .
3. RECITALS
A. Autl1 orhy, Approp r iation, An ~ Approva l
Pngc t or t6
A T T A C r. M I.: N T
---------------------------------------c>.tt:n$rnn sf..,111::m1r.a't" a· :he t"J:-hcr of e1thtr the rnd c,f the three mont h penod or when a ;cpJuc.:c1 cnt (,rant ,s signed~) the Panic, and aprrovcd b) th• Stat< C ,ntrolicr or authonzco dcs,gnc< Any othe extension of the term of lin, Grant rc~uircs an amendment made m a:corcancc with §~ h 8. , bdo" herein C. Early T crml nallnn nm Grnnt 1~ su~JCCI to early tcr .r.,nation m nccordan.c with §17(8), §9(BX111),and §2!(2). all set fo 1h belowhercm 6. STATEMENT of\\ ORK Grai t•.e shall complete the PrnJect ar.d perform us other obhca1tons as described he:cm and m lhc Staler icnl o f Work, Ex hib it B. Gra .. tce shall prosccJtc 1ts obhgauons hereunder ano m the S1J1tcmcntofWork wu~ due
diligence to complellon. The De; ,rtmcnt, 10 tts sole d1scrct1nn, hut ,n accordance w11h hmllall ons 1mpos .d by
the Office of th e Stale Controll er . may change budgetary Imes an the rroJccl Budget scc11on of Exh ibit 1. The
Oepanment shall send nollct of such chonge; within 60 days in acconlanec wit, § 18, below hcrem.
7. MATC HlNG FUNDS
A. Amount
G·antcc shall provide matchm,; fund• as provided m the Statemen t ol Work. G,ant<C shall nnsc the f di
amount of matching k~ds dunng the term of lhis Grant and sh•II repon to 1he Department ,~gardmg the
status of such fun ds as required m Exhibit B.
B. Breacl1
Grantee's f•ilure to raise matching fu nds, to keep records, and1o r to repon may affect ii$ continued
parucipauon ,n the Program under which this Grant operates. In addition, the Departmen t may tcrmi 11te
tlus Grant under the Termm at1on for Cause subsecti('II of§ 17, below hcrem, 1f the Ocpar.ment has
n:a;;onable e vidence ,hat Grantee will be un able to .-.isc such matching funds during the tcrm hereof
8. GRANTEE FIN ANCIAL MAN AGEMENT
A. Accoun ts
Grantee shall ma1,.tam p1opcrly segregated accou nts of Gn.•1t fun ds , m~tchu,g funds, ~nd other fund
associated with the Project and make those records available 10 the Ocpanment on rcqucs L All rcccr ,ts
and expendi tures associated with the ProJcct shall be documented m a detailed and speci fi c manner, n
accordance with the ProJCCl Budget
B. Proj ctt r.udget Line Item Adjus,mcnts
Regarding budget Imes w1tJ,in the Proiect Budge~ Grantee may: {check one]
I. [J not adjust ind1v1dual budget hnc amounts w11hou1 approval of the Department. Such approv '1
shall be m the form of:
a) a notice issued hy ~,e Department in aecordancr with § 18, below herein; or
b) an tmcndr.,cnt m accordance with §2 1(8), be1ow herein
II. 181 adjust individual budget line amounts without the Department', app ro1 al if (a) there arc no
trans fers lo or betwcer administration budget Imes; and 1f(b) the cumulatJvc budi;clary ho c 11c m
cbngcs do not exceed ten percent of th e total budgeted amounL
9. l'A YM ENTS TO GRANTEE
Grantee \hall be paid m the fol!owing amou111~ and ni:mnccs, subJe<l lo return of ony un•x!'Clldcd Grant
hmds·
A. Mnxhnum Amount
!'he maximum amount "•ya~lc undet this Grant to Grantee by the Dcpnnmcnt shall be $2 1,000.00 , os
detenmned by the Dcpa nment from uva1lablc fuwls. The Dcpanmcnt shall rei mburse Grantee for coi;ts
approved m t~c Gra111 budget, set fo11h m the Stntcmcn l or Work, fur Sorv1::es performed, reviewed, •nd
accepted or Goods dchvcred, mspcctcd and ncccptcd, pursunnt lo the provis,ons of this Grant, includi~g
w,1hou1 hmilallon, p<:rformancc, quality, m1les1ones and complcuon rcqu 1rcmc111s fo1· puyment set forth ir
the Statement of Work, ond tltc Dcpa1tment's i,.•pc,ction ar~ accq,tancc rights in the lns;,co1ton and
Vcr1fica11on subscc11on of§ 14, below horrin. Sa11 ,,;.c1ory performance under the terms oflh1~ Grant shall
re a cond1bon precedent 10 the Ocpanmcnt's obligntmn 10 reimburse G1antce. 111e mu1mum au10Ur.l of
Grant Funds pay~blc as re1mbursrn,cn1 under this Grant, and any extension hereof, shall tr.elude all
Grantc• s fees. cos ts and c.tpcnses
l'•gr ,of16
ll. Paymt•ut •\I, paymc:r.u tu·,· ub1ec1 '"• lh:.-§I., of titl!-IJr~:,t ,. ~k1hud and Time Grantc:t" pc: 1od1call) shat. <ubmu mvmu:< to 1hr l>ep,rune::1 111 lhc form and manner ,c; forth m the Sw1cmcn1 or w. rk, and attoc~ t1mc::shcets, rccc1p1, and other rcquesicd clocumentnt1nn m the fonn and man,1c, app1 ovcd by the DepartmcnL Gran1cc shall subm11 rcqucs: fo1 rc1111burscmcn1 s/111vo1ccs w1thm 10 clays after the end or the period for which paymen1 1s requested. and fmol ~1lhnµs under th1>li,anl ,hall he received hy the Ocfoartnicnt w1~11n 45 days after lt'IT1l1,,at10n hereof lln11mcly rcquc.st.s for payment 1113} he acce;ited 01 the sole d1scrr1101. of the OepanmcnL ii. Ele<1ronic runds Tronsfoo Paymc,1t.,, shall be made by one of the followmg methnds:
n) by mutually agreeable mc1ho<l mcludms 111-person pickup,
b) eleclronic fonds transfer (EFT) of Gnmtcc provides wnnen EFT msuucuons 10 the
Ocpanment on a form acceptable to thr Depamne11~ or
c) Vll lhe U.S. Postal Service or other dchv,:ry service wi th a properly addressed stamped
envelope to the address specified by Grantee m the remotllmcc address section of Exhibit D
iii. Avoilnblr Funds-Contingcncy-Terminotion
The Department is prohibited by law from making fiscal comomtments beyond the tenn of the Suite's
cummt fiscal yc::or. Therefore, Grantee's compensation is contingent upon the continuing availnb1hty
of State appropriations u provided in §2 of the Colorado Special Pro.-,sions, set forth below. 11
federal appropnauons or grants fund thJS Grant on whole or on part, the Department's performance
hereunder 1s contingent upon the conunu,ng availability of such funds. Payments pursuant 1.0 Lll~
Grant shall be made only from available funds encumbered for this Grant and the Oepan.meqt's
liability for such paymcnLS shall be limited to the amount rcmaonong of such encumbered funds . If
Stale or federal funds arc not appropriated, or otherwise become unavailable 10 fund this Grilllt, the
Dcpanmcnt may immediately tenninate this Granl m whole or on pan without funha habihty on
ae..:.-dancc with §l7{B), below herein
Iv. Erroneous Payments
Payments mnde to Grantee 1n CIT0r for any reason, including, but nol 11111,wd to overpayments or
improp:r payments, at the Oepnrtment's sole discreti on, may be recovered from Grantee by
deduction from subsequent payment under this Grant or other gnmts or contracts between the
Department and Grantee or by other appropnate methods or collected as a debt due 10 the
Dcp:,rtmcnt
C. UncxpN1dcd Funds
I. Return
Any Grant Funds paid to Grantee and not expended on conncct,on with this Grant shall be rcfundtd
by Gnintee to lhe Deparlmt:nt w1thm 15 days of tcrminat,on ,,f this GranL If Grantee rccc1vcs Grant
Funds hercur.da dunng any fiscal year on CACCS., of 1ts spend mg ?1m1t for such fiscal year, Gr.sntce
shall refund 1•'! excess Grant Funds to the Dcpar1me111 wotlnn 15 Jays of the lnlcr or (n) the receipt or
such Gr t l'unds or (b) the tlctcnnmntion of such excess. Under no cm::umstanccs sha ll uncxpc11dcd
or excess Grunt l'unds recc1 vc-d by Grantee under this Grnnl be refunded or pn1d lo any party other
than the l)c-parlmenL
ii. nr-Obllgollon
Any (n11n1 Funds 1101 re-quired 10 complete Gr.1111ec's obhgulltMl> hereunder shall be de-obhg:otcd by
the Dc11ar1111cnl The Dcp,tnmcnt shall sc. d nollcc of such de-ubhgotion w1th111 60 d:,) s in
accorrluncc with§ 18, hclow herein.
; • ')ff.I<!
II Grantee fails to return unexpended funds the Department mny offset the amount 1101 returned
against any other •npa1d fund$ the Dcp:u tmeot owes Grantee unJcr any other gnnt contract, or
obhgation bctwecn tl1c Pan,es.
1 O. REPORT INC AND NOT!f1JC A TION
Reports and analyses required unJer this section shall be made in acco1dance w1lh procedures and III such
fonn as pmcnbtd by the Department.
Pogr 4 of 16
A. Pcrfonn:uu.·c, 1•ro1,:rtts, Pcr\01t11cl, nn1I ~1111th Grantc< mil comp!) wuh oil rcponm~ r,·quar< 11cn1• ,·1 lorth m th,· S1.,1cmcn1 uf \I'm k, bhlblt U ll. Litlg. tiun Wnhm IO dB)'\ nf1c 1 being served with nny 11l ead 1ng related 10 this <ir11n1 or tht l'ro;ccl, ma lcgul ncmm filed with a court (JI ad11111us1r.i11vc nycncy, (,rn11tcr shall noufv the flcpartmcnl of such acuon and deliver copies of such pleadings to the Department's prtnctpal rcpresen1a11vc ,n accordance wnh § 18, bclov. hercm Ir• Depanmcnt prtnc,ral rcprcscn1n:tvc os not then scrvmg, su,h nouce and copies shall be delivered lo lhc Exccuuvc Otn:clor of ~,c D<11artmcn1 C. Noncomplloncc Grantee's failure lo prov,de ,q,orts an,1 noltf) ~ Oepartrnent ma tm,cly t,,:mner m accordance" nh 1h1s see11011 may r,:sull m the delay of payment of funds and/or 1cn111nat1on under § 17 of this Grant
I I. GRANTEE RECORDS
Gramee shall make, keep, mamtam and allow 111spc:c11on and mom lonng of 1hr fo llowmg records:
A. Mainlcnnncc
Grantee shall maintain a complete file of all records, documents, communtcattons, no tes and othc-r wr•llcn
malertals, electronic media files, and commumcal!ons, pertaining m any manner 10 !he Project or the
delivery or SctVlces (includmg. but not hmited to lhe opcrnbon of programs) ,,r Goods hereunder
Grantct shall mamtatn such rccools (the Record Retentmn Pcnod) unul lhe l1S1 10 occur or the following.
I. a pcnod of three years after the date this Grant ts completed or terminated, or
ii. final payment is made hereunder, whichever ts later, or
iii. for such further period as may be necessary lo rcso!ve any pending matters, or
Iv. if an audit is occurring, or Grantee ho s rccrived notice that an audit 1s pending, then until such audit
has been completed ond its findings hove been resolved
B. Inspection
Grantee shall pemul the Stale, the federal government or any other duly authorized agent of a
governmental agency to audit, inspect, examine, excerpt, copy and/or transcnbc Grantee's records related
to this Grant during lhc Records Retention Pcnod to as.sun, compliance wuh the tenns hereof or to
evaluate Grantee's pcrformanec The Department reserves lhc nght 10 inspect the ProJcct at all reasonable
umes and places dunng the term of thts Grant, mcludmg any CT.tension. If !he Pro;cct docs not conform 10
Grant requirements, the Deportment may require Grantee promptly to bnng lhe Pro;cct into confonntty
with Grant requ irements, al Grantee's sole expense. lftl,e Project cannot be brought into conform3noe by
re-performance or other corrective measures, the Department may require Grn111ct 10 take 1,ecessary
aclton lo ensure that future pcrfonnance conforms to Gran t requirements ond cxen:1se the remedies
available under th is Gran t, at law or mcqu11y m lieu of or in con;unction with the preceding measure.
C. Monitoring
Grantee also shall pcrmtl ~ Stale, the federal government or any other duly aulhonzcd agent of•
governmental agency, tn 0,c sole dtSCn:1100 of such governmental agcr,cy, lo momlor all act1v11tci,
conducted by Gr:tntee pursuant lo this Gr:tn~ uStng any reasonable procedure, al the dtscrcbon of suoh
govcmn,.:nlltl ngcttcy, 11,c!udmg, hut 1101 li1111tcd lo: mlcmal cvalualton pr00Cdurcs, cxaminolton of
program dutu, spcctul analyses, on-stlc check mg, nnd forma l audit cxonu111t11ons, All such monilormg
shall be performed m n manner which will 1101 unduly inlcrCcrc ,.,il1• Gronlcc's pcrfon11a11ce hernundc1.
D. Fitrnl Autlil Report
If an audi t •~ µcrfo1111c-u 011 tirnn lccs 1ccm,ls for nny fisca l year cuvermg u pu11,u11 of the term ol Ous
Grant, Grantee sh•ll sub1mt one copy oflhe Cilml audu n,1JOrt to the Department's pnncipal reprcscn~1t1vc
al the add~s $j>CCtli:d 111 § 18, below hcrc111
12. CONt'IDENTIAL INFORMATION-STA n ; RECORDS
Grantee ncknowlcdgcs 01at 11 may become I>' "'Y to confi, ,:,al mfom.alton m conncclton w11h 11s
pcrfonna11ce hereunder, includmg but nol ,untied to Stole records, personnel rc:<:otd~. and mfonnaliun
conccmtng 1<1d1v1dunl~ ("Co11fid ential lnt'.u111n1io11'?, The followmg apphcs ,rGrnntcc receives confidc1111al
mformat,on :
A. Co110clc11tlnll1y
Grantee shall keep nil Confidcnl1al l11fom,a11on confidcnual al all 111nes nnd comply w11h all laws nnd
regulaltons con,cmmg confidenllahty of tnfon11a11011 lo ti,c same extent apphrablc 10 the [)cpar1111c111
P1rd or 16
An\ rrquc,1 .11 Jcr, .. 1:11-! for m(tr:m..i' 1t1 1r. the-po~ :or:••! i":1:a:.tct· r. .Jdr J,, J third patt, s.halJ be forl.' urded in1n:t:1-lmtd)' to the 1Ji.:p,111111t:nt's j'rm.;1p;.il rcprcv•~tall\C hlt rc"C:llUtion 8 . '-01ilic21lon <irJntL-e shall 1h1t1f) uch o( u~ .J~enh, cmpluycc~. suh--htrilnt~e. :1~ ~11.ra. lm and .-~1gn!I. (tJch • "Related Pan)") whc, may come in:o contact w11h t'onfidcnual lnw111 at,on thut auch pnrty •~ ,uhJcct to the confidcnll,1,II) requ1rcmcn:, ,c1 fonh hen:, n. :md shall prov1dr ••ch Reluto-d !'any "''th , wrmcn explanauon of such rcqu1rcn,c1,is he fore pc1m1 mni: such part~ to accc any mformition of th,· Dcparuncnt C. l'sc, Stturil)', and Rcleutioo No Confidcnt,al :nformnt1011 of any kmd shall be chstnbuted or sold to ony third pony nr used by ,,rantec or a Related P,ny many way, •'.ccpl as uuthonzed by tlus Grnnl ond :,s approved by the Dcportment.
Grantee shbll provide and mamuun a secure cnv1,onmcn1 that ensures co.,fidc:,t,ahty of all Statr rcco,ds
and other C'o11fidcnt11l lnfo1111a11on wherever localed. Confidential lnfurmat,on sha ll not be rcto,ncd in
any files or otherwise by Granter or I Relaled l'any, cxcepl as sci forth m this Grant and approved by the
Department
O. lfotlosutt-Liablli ty
Disclosure of St.le records or other Confidcnt,al Information by Granter or a Related Party for any reason
may be cause for legal action aga1 n5t Grant ee or such Related Pany by the Stnlc or third panics and
defense of any <11ch action shall be Grantee's s,olc responsibility.
E. Hea lth Insurance Portability & Accountabilily Act of 1996 ("H.IPAA ")
1111s HIPAA section {check one] 0 applies lo or docs not apply C!il to this Grant Federa l la w and
regulations go,cming the privacy of ecnain he.111th ,nfo,mation requires a "Business Associate Contr1et"
between the Department and Grantee. 45 C.F.R. Secuon 164.5 04(e). Attached and incorporated herein by
refcm,cc and agreed lo by the Parties is a HIPAA Business Associate Addendum for HIPAA comphance.
Terms of the Addendum shall be considered bmding upon execution of this Grant and shall remain 1n
effect during the term of this Grant, mclud,ng any extension.
13. CONFLICT OF INTEREST
A, Defi nitio n ond Appe,ir1111cc
Grantee shall not cni;,gc many business or personal acuv,t1cs or pract,ccs or mamia,r. any rela11onsl,1ps
whi ch connict in any way with tl,e full performance ofGmntec's obligations hereunder. Grantee
acknowledtes that with respect to this Grant, even the appearance of a conflict of inlercs\ is harmful tu
the Dcpanmcnt·s mtocsts. Ab,all the Dcpartme!ll's pnor wnllcn approval Grantee sh.II refrain fwm
ony prac11cei. act1v111cs or rela1,onsh1ps whi ch reasonably appear to be m conn,ct with the full
performance of Grnntcc's obhgallons to the Dc-paruncnt hcrcwKlcr Grantee shall comply with the
provis,onsofCRS §18-8-3f// •nd §§24-18-101-109
8. SJJ ednr Prohihlllons
Grnnlcc's and sub-grantee's respective ofTtecr«, employees. or 11,"°ts sh•II neither sohc11 nor accept
gr:1t u111es, favo rs, or nnythmg of monetary vnluc fro1n Grantrc's po1c1111al suhgrnntecs, or pamcs to sub-
contmels. GrJnlcc's c111ploy<-cs. officers, nient~ 01 any pcm11t1L-d sul•-pltC.\ rhall not participate in U1c
sclect,on, awurd, 01 odm1111stra11on of this Gr.1111 01 JO) sub-gr.mt '" sub-cont met, ,f on actual ,~ apparcnl
conOtct of 1111crc-s1 would occur. Such o con01c1 would ort!I' when nny of the follow mg has • fana11c1al or
othe1 1111erc<1 in the fitm selected for award
i. nn employee, on1ce1 , :igcnt m hoard mc11 1bcr,
ll. any llk'll1lx.-r of tl1c employee's 1mmcd1otc family:
Iii. an cmpl(,yec's µ.trtncr. or
h•. an org.uuz:itiun, which cmph•ys, or 11 nhout to employ, nny of the ufon:111cnlloncd.
C. Detrrmln•lion by Oeporlmenl -Ocfouit
If Grn11ec •• unccrtam ns tu the c>istcnce of a con01ct of mtc,cst. G,antcc shall suh,n,t lo the lltpartma11
a d1sclosurr st•lcment sc•· ., • fo1th tl1e rclevunt dciatl• fo, ,ht [)epmtment's considemt101L l'atlUl'e tu
promp1ly suhm,t a d1• ,u •tatemcnt or 10 follow the Dcpnruncnt's 01rcc11on m rc~ard 10 the awarc:nt
confl1c1 shull be consll ·du ,.,ntcrrn l default ofth1sGra111 und grounds for1crminot1on u. , the
Temunauon 10, ('au<r b,e,uon of§ 17. below hcrcm
4 t
I>. ("oclr ol f'erform;rnl(' C,rantte. nnd suh-grantees and suh::ontractors 1f •ny, ,hall n:untam a "''"Jen code of standards go1·crmng the performance of their rcspcc11vc cmph>yccs, ngents. nnd contractors cnga •· · ~' ,,. ,... ,.-,-•dm:11istra11on of this GrJn~ or subcontract su , n' ~-•·••11 p,o,. de a copy of such code to the Dcpanmcn1 w1 th m IO dn • • •11.111 ; wnuo, request therefore. 14. llEPRESEN' ANO WARRANTIES ··••< the following spccuic rcprc:scntauons and wamnucs lo each other, upon which each ,s f< ymg m entcnng into this Grant. A. Standord ond Manner Or l'crforma11ce Grantee shall pcrfom1 its obhgat1ons hereunder. 111cludmg m accordance with the highest professional
,tandard of care, skill and d1hgence. Grantee shall perform us obhgauons hereunder m die sequence and
mannc, set forth in Exhibit D.
O. Inspec tion and Vcrilicntion
The Department reserves the right to inspect and monitor Grantee's pcrformnnce hereunder at all
reasonable times and places to verify that they conform to th e requircmeuts of Exhibit B. lfGranlee's
perfonnance docs not conform to G11.nt requirements, the Department may require Grantee promptly to
brirg ,ts performance mto conformity with Grant requirements, at Grantee's sole expense. lrthc Project
cannot be brought mto t011formance by ccrrec11ve measures, the Departmen t may require Gmntee 10 take
necessary acuon to ensure that furure performance conforms to Grant requirements and exercise the
remedies available under this Grant, at law or m equity m lieu of or in conjunction with the preceding
mea sure.
C. Leg1tl Authority-Grantee and Gra ntees Signatory
Grantee warrants that ii possesses the legal authority to enter int<> this Grant and I-as taken alt actions
required by 115 procedures, by-laws, and/o• applicable laws lo exercise that authority, and to lawfully
sulho.-u.c its undersigned signatory to exccutt tins Grant and to bind Grantee to its tcnns. The person
signn · and executing this Grant on bchalr of Grantee hereby represents and wanunts and gu:uantees tha1
they n.1 ,c full authonzal!on to do so. If requesu:d by the Deparuncnt, Grantee shall provide the
Oep, •o~ent u,e basis for Gran tee's authority to enter mto this Grant withm IS days of receiving such
rcquc:;l
0 , Licenses, Permits, Etc
Gra ntee represents and warrants tha t as of the Effccave Date it hos, and that at alt times during the term
hereof II will have, at its sole expense, all licenses, cert1ficat1ons, approval, ,nsurance, permits, and other
authorizal1on required by law to perform 11s obhgat1 ons hereunder. Additionally, all employees of Grantee
pcrformmg SCfYICCS under tins Grant shall hold the required hcenses or certifications, 1fany, to perform
their duties, Gr-ntee, 1f a fo reign corporation or other entity transacting business in the State of Colorado,
further ecru fies that 11 currently has obta1~~ ' and shall mamtain any applicable certificate of authority to
transac1 bus mess in the State of Colorado and has designated a registered agent m Colorado to ae<:cpt
service of process. Any revocat,on, wllhdrnwal or non-renewal of licenses, cert1ficMions, approvals,
insurance. pcm11ts or any such s1milzr requirements necessary for Grantee to properly pcrfom1 tl11s Graul,
shall be deemed to be o defnult by Grnntce and ground s for tenninntion under Grant§ l7(A)
E. Small , Minority Dnd Womon Owned Businesses
Grantee wan.mis that 11 w,11 take all neccssnry amrmal1ve Sll-ps, !IS required by Colorado Execuuve
Ordcis, and State Procurement Rules to assure thnt small and nun ori ty lmsincsscs and women's busin ess
cn1e11111scs are used, when possible, as sources of supphcs, equipment, cons1ruc11on, and services
purchased under tin s Grant
F. Non-dlscri01inatlo11
Grantee warrants it will comply with any and all laws and regula tions prohibiting discnmmation m the
performance of Grantee's obligations unller this Grant In consideration of and for the purpose of
obuunmg any and all Federnl and/or State financial oss1st..nce:
i. Discriminotion Prohibition
Crantl'C shall not discnmmate agaU15l any JltlSOII on the basis of race, color, national origin, age. sex,
rehg1011 and handicap, mcludmg Acquired Immune Ot•fic,ency Syndrome (AIDS) or AIDS-related
cond111ons, m performoncc nr work under tlu s Granl
Page 7 of 16
-----, >--.,. .JI, .U\)1.1 b,i.!.iJ.! .,.1.;..,--:h:-i.-;;r.-': i,ll,':i f1lliiii -·-·-----•~1 ... ,, ., .,,. "'" llrantcc ... 3JI no! c>...:ludr from rjr11..:1P3Uon In, ot 1la1y i'ti1t:·1ts o! the '-.c:-, 1u. p11Igr.um:1, 111 J\<ll \'ll1c~ performed by <irantct: innsuant to this Grant,,,~ J1~nnu!,.:.tt .ara1ns1 an) QU;al1flc-d 1:iJ11·1duol wllr., disah1h1; shill. hi rl!ll·,on of such d1sah1hl) G. Bmich lf:hc vnntec bre::h.ht'S any or 1ts rcp:-C!\tn tatlons ur warr::in11cs, the fh·p~nmcnt ma) rcqum: Gr:mtcr lu p,omptl~ pc,fonn 11, ohhi;a11ons •t•m m i:tinform1ty with Cironl rcquncmc:11.•,, .11 no sddu,onal c"st 10 the Department If such breaches cunnot be, o, arc 1101 cured, the Department muy. ,n add111on to zny other re:ned,cs provided for ,n this Gnni, require Grontcc to take nccc;sory nc11on to ensure that future pcrfonnance co:ifonns to the 1irov1s1ons of tlns Grnnt, nnd equitably reduce the p>ymcnt due 10 Grantee lo rcOcct the rccuccd value of the rroJcct. Any reducll<>n, delay or dcmal of ]!Jymc111 under this provision
shall not cons mute o breach of Granto, dcfau h by the Department
15. INSU ltANCE
Grantee and ns sub-grnnlecs an~ subcontractor~ shall obtain and mamlll in ,nsuruncr as •pec1fied m this
sccllon at all limes du11ng the 1e1m of lhts Granl' /\II pohc,rs cv1dcncmg the insurance coverages required
hereunder shall be issued by msurnncc compan ,cs sattsfactory lo Grantee and lhc State.
A. Grantee
1. PuMic Eutitlcs
UCnmtce 1s a "pubhc e11111y' within the meanmg of the Colorado Governmental l mmumty Act CRS
§2 4-10-10 l, ct seq., as amended (Ille Gov cmmct1t1l Immunity Act"), then Cirantee shall maintain al
all times dunng the tenn ofth ,s Grant such l,ability insunnce, by commc:rcial pohcy or self-
1nsurance, as 1s necessary lo meet tlS hab1li11 es under such Act Grantet: sha ll show proof of such
insurance sausfactory 10 the Dcpartmenl if requested by the Department Grantee $hall rcqu,rc each
grant or controcl with a sub-grantee or sub contractor which 1s a pubhc entity, providing Goods o:
Services m connection with this Gnnt. 10 include the msunmce rcqu,rcmenlS necessary lo meet sub-
grant ees hab1hlles t, .der lhe Act.
ii. Non-Public Cntllles
If Grantee 1s not a "pub he cnllly" w1thm the mcamng of the Governmental lmmumty Act. Grantee
shall obtam and mamtam dunng the term o f this Gran t msunmcc coverage and pohc1es meetmg the
same requirements sci forth m subsccllon B of this seellon wnh rt$JICCI 10 sub-grantees and sub-
contractor., which are not "publ ic en t1l1cs".
B. Sut>-granltes ond Sub co ntnclors
Grante,· sha ll require Cllch contract with• sub-grantee or subcontrnctor, other than tho~ that arc pubhc
cnuucs, ;irovidmg Goods or Services m connect 1011 with 1h1s Grunt to in clude msurance requirement•
substanually s,m1lar lo the following:
I. Workcr·'s Compcnsotlon
Wortcr's Compcn,ntion lnsur:mcc as requ ired by State ~1a1u1e, and Employer's Liabiluy lnsurn 11 c,
covering nll of sub-1,~11ntce or subcontractor employees act mg w1thm the course •nd seopce of their
employment
II. General Llabilil)
Commcrc ,al Gcncr,11 L1nb1h ty Insurance wrillcn on ISO occurrence furm C'G 00 01 10"13 ur
equivalent, co n:nng prcmtscs opc1 .111on~, fire dnm:1gc, 111dqlcnde111 contractors, J'' oducts m1d
comp leted opcra11oits, blanket contractual hah,hty, pc™>nal mjw)', and advcrtm11g hab1hty wnh
mmnnunt ]units ns follows
~) S 1,000,000 each OCCll!TCIICC,
b) S 1,000,000 genera l nggrcsmc;
c) SI .000.000 producl5 and completed opera tum! ngg, cgo,c, and
d) $50,000 11ny one fuc.
If any aggrcgute lmut 1s reduced bel, ,w $1,000,000 bccnusc nf clnnns made or pmd, sub-!:f1U,tce or
subcu~tr•ctor shall nnmed,atcly obtam add111onal msuuncc 10 1<·s1ore the full aggregate hm11 and
fum,sh t,> Gru:uec ,, ecru ficn tc or o ther document sat1sfoc1ory to Grantee showmg comphancc wtl~
this pmv,s· , .. t
4 t
111. Auton ,oh ll e LinhtllrJ' Automobile L1ab1l1t)· Insurance ,ovcnng nny auto (mcludmg owned, huec •nd non -owned autos) w11h a m101mum hmll o! S!,;)00,;,'00 ""ch 1ec1dem ;omPmcd single Imm. hr. AchHlionn l fn t11rc.d Grantee and the State sh,111 be named as add111onal insured on lhe Commer.:al General Liab1hty and Automobile L1ab1hty Insurance pol1c1es (leases and construcuon contracts require add111onal insured covc:tage fot completed opcnuons oo endorsements C'G 2010 11 /8S , CG 203 7, or eq uivalent) v, rrimacy of Covcrai:e Coverage required of lhc sub-grantee ur subcontractor shall be pnmary ove, an y insurance or sclf-msuranec program earned by Grantee or the State. vi. Cancellation
The above msurnnc, p~hc1cs shall include prov1S1ons prcvcnung cancellauon or non-micwal
w1lhoul al least 45 days pnor nollcc lo the Grantee and the State by certified mail.
viiSubrogation Waiver
All insurance policies many way related to the Grant and secured nnd maintained by Gmnlee's sub-
grantees or subcontractors as required herein shall include clauses statmg that each earner shall
w21ve all nghts of recovery, under subrogation or otherwise, against Grantee or the Stale, its
agencies, instituhons, orgamzauons, omcers, agents, employees, and volunteers.
C. Ccrlincat es
Each ofGrr•tee's subcontractors and subgrantccs shall provide certificates showing m= coverage
required hereunder to Grantee withm seven buciness days of the Effective Date, but in no event later than
lhr comrncnccment of the Services or delivery of th• Goods under the subcontract or subgnml No lalcr
tha n IS days prior 10 the expiration date of any such coverage, each subcontractor or subgrantee shall
dehver to Grantee certificates of insurance evidencing renewals thereof upon request by the Depanrnent
or al any other time during the term of a subcontract or subgrantcc, Grantee may request in writing, and
the subcontractor or subgrantce slwl tho-cupon withm IO days supply to Grantee, ev idence satisfactory to
Gr:mtcc and the Departmen t of compliance with the provisions of this sccllOn.
16. DEFAULT-BREACH
A. Defined
In add1non to any breaches or defaults specified in other sections of thi s Grant, including, but not hm1tcd
to the §22 below herein, the failure of either Party to perform any of 11s materiel obligeltons hereunder in
whole or m part or in e timely or satisfaclOl')I manner, constttutes a default or breach. TI1e msttrutton of
proceedings under any bankruptcy, insolvency, reorganization or similar legislation, by or against
Grantee, or lhc appointment of a rcce,ver or similar officer for Grantee or any of iu; property, which 1s not
vacated or fully stayed within 20 day; afler the mst,tullon or occurrence lhercof; shall also constitute 11
defaulL
n. No tice and Cure Perlnd
In the event of a default or breach, nottce of such shall be given m wntmg by U1c aggrieved Party to the
olhcr Party m U1c manner provided m § 18, below here1n If such default or breuch 1s sol cured within 30
days of receipt of written nollce or, 1f a cure cannol be complelcd within 30 days, cure oflhe default or
breach has not begun w11hm snid pcnO<I a11d pursued with Jue diligence, lhe aggrieved Porty may
terminate this Grant by prov1dmg wnuen notice thereof, as prov ided for 111 § 18, below herem, specifying
lhe effective dale of U1e 1Ctmma11on. Notw1thslandmg onyUung lo the contrary herein, the Depa11111c111, 111
,1s sole d1scrc11on , need nol provide advance notice or• cure pcnod and may 1mmcd1atcly termmate llus
Grant m whole or m pa:11f reasonably necessary 10 preserve pubhc snfcty or to prevent 1mmahate p11bhc
:OSI$
17. llEM.£DI ES
If Grantee ism default or breach under any prov1S1on oflh1s Grant, the Oepnrtmcnt shall have all of ihe
remedies hsled in this section m add111on 10 all olhcr remedies set forth m other sccllons l'f this Grant The
Department mny exercise any or all of~1c re111ed1CJ available lo 1~ 1n us sole d1scrct1on, concurrently or
cor.s..-uuvely
P,g, 9 of 16
\, 11:r111im,1l1111 1111 f "'"'' nm ll111 lleluuh If• •~nlc,-fail. tc, pc .. funn an, ,,r rt.., r1hh~-.uor: hc:cundcr with suet. d1h~•mtc ~-1\ :-eq u1rcd "' tn1iiu1c 1\i • mplcuon m •ccorclJnc, wuh the prnl'rsron. of 1h,~ Grant and u. J trmclJ manna , thr Drp3nment ml) nc,llf) Oranlct or mh non*pc .. fomancc 11 1 accord.:mce "1th the~ 16. atw,·e anJ j hclo" herein If l ,:,nk< •he·euftr, fort. 10 pwmptl1 C'1J'e such n"n-~crfomunce "'llh:r. !he cure !)<nod, !he I lepanment al u, "fltlOI, m:iy 1cn111r.a1r 1lm en:rrr r,ranl nr such pin of !his Grant as in which lhcr.: has l>cffl JelD) or a 1.11lu:c 10 properli• (ll,'ffnnn. herc1,-i; by lhc l)q,annicnl of this nghl .shall nut hr deemed a hltJ.!, of 1 ubln:auon hacundcr Granlcte ,hall continue pcrf,r.mancc of lh1s Grant to the ,ten! no 1amma1ed, 11 ny I. hhgollrm ind ltighl ro lhe c~tc, ,retifie<I m the 1crn1111a1111n not,~c. Gran,~ >hall nol incur funher obhi:auons or rcnde,
rur1her pcrf, m:1nce ho,~u ndct past lhc clfccovc dale of such noucc, and shall also 1rnn ma 1e
oulslan hng orders ant ,ubcomraclS w1lh third parties llowcver, Grnnlce shall compltle nod dei1\'er
10 the Dcpnr1mr.nt oll ~•tees and Goods nol cancelled by the tcnmnallon noti ce and 1112) incur
ohhca uoru as ore nccr ry 10 do so w11h10 1hc Grant terms In lhc sole d1scrc11on of the Dcpar1mcn1.,
Granite shall a 1~n to !he Dcpartmenl all of Grantee's right, ntlc, and mtercsl under such termmoted
orders or subconlra ,ts. Upon tcrmmallon Grantee shall take omcly, reasonable and necessary acuon
to protect nnd pre.-.erve property 1n lhc posse.-.s1on of Grantee in which the Depanmcnl has an
mu:resl All matcnals owned by the Dcpartmenl m the possession of Grantee shall be 11nmed1D1Cly
returned to lhc Department In the sole d1scrcuon of the Depar1ment, Gran1ee shall assign 10 the
Depor1mcn1 oil ofGran1cc's righ t lltle, and mtc•~t under such lerminnted orders or subcontracts All
Work Produc t, 01 the oplton of the Deportment, shall be delivered by Gra n tee 10 the D~parlment nnd
sha ll become the Deportment's pra ,,c r1y .
II. l'aym c11 1S
The Dcpartn1cn1 shall reim burse Grantee only for accepled Services ond lioods rteci\'<'<l "P to the
date oflcnmnauon . If, after lammallon by lhe Dcpartmont, it is determined thal Gran tee was not m
defaul or 1h01 Orontee's acuon or macuon was excusable, such 1cnmnnio111 shall be treated as a
1cnnm1t1on in the pubhc int<-rcst and the nghls and obl,gau,,ns oflhe Parties shall be the some u 1f
lh1s Orunt had been lcmnnnlcd ,n the pubhc interest., as dcscnbed m §17(B), below herein
Ill . Onmag and Whhholdln g
01w1lhmndmg any other remed ial acuon by the Department, Grantee also shall rem:1m hable to the
Dcpartmcnl for any daniag .ustmncd by the Dcpanmonl by v,rrue of P'lY default under tits sett1on
by Grantee and the Dcp rtmenl may withhold llllY payment to Grantee tor tl1e purpose of m1h~auns
the Dcpartm nt 's damages, um,I such hme as the cxacl amounl of damages due lO lhc l)cpartm<,11
from Gra nter " delenmncd Fur1her, the Departmenl may withhold amounis due lO Grantee •~ the
Dcpar1rnen1 deems ncccss.'11)1 to pro1ccl lhe Departmenl agamsl loss because of oulStandmg hens or
cl a1 ms of former hen holders and 10 rennbursc the Dcpartrnen1 fo: lhe excess coslS mcum:d m
procurmg 11m11.lr goods o, scn·,cc. Grantee shall be hable for excess cosu mcurrcd by the
Dcpartmcnl m procuring from lhml pan,es rcplncement Services or subsl11u1e GOO<b •~ rnver
ll . Carl Tcnnin•1i11 11 for the l'nblic l111 eres1
01e L>c11ar1mcn11s enlermg 11110 lh, Gra nt for the purpose oi carrymg 001 lhe J>Ubhc pnh )' of 1hc Slllle of
Cutornda, as Jc1c11111 .1cd hy II• Gu\'crnor, Gcncrul A=mbly, and Courts. If tlm, ,rnnl ce:t.'IC' 10 further
1hc pub!" puh,y of lhe S1a1c, lhc l)q,arlmcnt, m 11, role d1scrc11on, may 1mnina1c this Gr:1111 m whole or
111 p.,n Ex cn;"c hy lhc Ocpanmc111 of lfu s righl $hnll no1 be dL-cmcd a brcnch of lhc Dcpart111c~1 •s
ohhiauon s hc1 L1111dcr '1111 , ~ub «lion shall not ap ply lo• h:rnun.it,ou ofth1s Gr:1111 by lhe l'kpartmcn l
fo1 C1J11sc 01 dcfuuh hy vrm11cc, wl11ch sit.ill be governed by§ 17tA), above hcrc111
I. Melhod 1111tl t'unknl
l'hc Ocp,irt111cnl shn ll noufy G,nn tce of lhc lcrmmallon 111 ac cordance wnli § 16, nhovr nnd §1 ,
below hcrc111, spcc1fy111g the c1Tcel1vc dole of the 1crm1nnt10n and whclhcr il affects all 01 11 portion of
•his Grant
II, Oblluullon s uud Ri ght s
Upon 1ccc 1pt nf a 1crm111 ,1t 1o n nn t1cc, uuntcc ,hall be subicct 10 nnd comply wuh § I 7(1\)(1 ), obovc
hc1c111
------·~--------------------iii. J11,·mencs l(thl> Grant I! tcnmnuted h) tht l.lcpartmcnt :n rur.Jicrancc "' the publoc 1nlt11:>t of the St•lt ur Colorado, Grantee ,hall be paid on amount which bears :he same rauo 10 the total re1mburscmcn1 undc1 this Grant n, the Service~ sa11s••,:tonly performed or the Goods sollsfnctoroly delivered or mstallcd bear to the tollll Services and Goods covered by this Grant. less payments previously made Addu,onally, 1f the Ci rant 1s less than~. completed, lhe Department ma) rcnnbu™' Grant.., (or a pa11on of actual out-of-Jh•ci-ct c,pcnscs (not othe-w,se rcnnburscd under lh,s Grant) incurred by Grantee which are directly aurol1111,1hlt 10 the uncompleted portion ufGrantcc's ob ligations hereu nder; provided tha t reimbursement shall n01 exceed the mox,mum nmount payable to Grnntce hereunder. C. Remedies Not I nvo lving T erminatio n
The Department, 11S sole d1screuon, may exercise one or more of the follow mg remedies on addition to
other remedies available to lhe Depa11men1.
Suspend Perf'ormnnce
Suspend Grantee's performance with respect 10 all or any poruon or lhis Grant pend mg necessary
corrccuvc actJon as specified by lhe Department without cnuthng Grantee to an adJustmenl m
pncc/coSI or performance schedule. Grantee shall promptly ,.:ase perfon nnncc and incurring costs in
occo1dn11ce with the Depanment's direct ive and the Depa rtment shall no t be li ab le fo r cos'.s incurred
by Grantee afler lhc suspension o( perfonnancc under this prov1s1on.
ii. Withh old Payment
Withhold payment to Grantee until com:cuons in serv,ccs are sat1&factonly completed and /or
acceptable goods are provided.
Ill. Deny r aymenl
Deny payment for those Services not performed and/or Goods not provi ded and which due to
circumstances caused by the Grantee cannot be pcrfom.ed or provided or, 1f performed or provided,
would be ofno v~lue to the Dcpartmen~ provided, lhat any denial of payment must be reasonably
related to the value of work, performance or Good~ lost to the Dcparanenl.
iv. Removal
Demand removal of any of Grantee's employees, agents, or subcontractors whom lhc Ocpanment
deems incompetent, careless, 1nsubonlmate. unsuttable. or otherwise unacceptable, or whose
continued relation to this Grant IS deemed to bi contrary to the public interest or not m lhe
Department's best interest. Replacement of any key personnel hereu nder shall be do ne in accordance
witl1 the relevant provisions of Ex hibit B.
18. NOTICES and REPRESENTATIVES
Each 111div1dual 1dcnufied below 1s lhe pnnc1pal rcpresen~uvc of lhe dcsignabng Purty. All notices required
to be given hereunder sha ll be hand dchvcred w,lh receip t required or sent by certified or registered mo il to
such Party's principal 1cprosc111otivc nt the address set fo11h below . In additio n to, bul not 111 hcu t>f. hard-copy
notice, noucc also may be sent by e-mail to lhe e-mail addresses, ,f any, set for1h below Either Party m:iy
from bmc to time dcs1gnale by wnttcn nobce subsulult addresses or persons to whom such nobccs shall be
sent Unless olherw1se provided hereon, all notices shall be eficct,ve upon receipt.
A. Ocp1r1111 c11t:
}!ans Kallam, Diicclor
Colorado D~t of locnl Affairs
Divfsion ofEm§fencyJ.!anagcmcnl
cbi•cn\1101 ·c0:11OJJ1
Email~ hnn5 jcit})am@Islatp59,y5
ll. Gni•ttt:
S1ephcn Green, ·Emergcncv Management Coordinator
Oity of Englewood
3615 Sou th ElatiStreet
Engkwood. CO 80110
Email: sgrcen@cnglewoodgov.org
IQ, (;(Jl'LllN~l l::S-1 Al I M\I r,,n· Notw1th~tand1ng an) other prov~ on lo the Cf).'lllar\ nothmG herein shal? co11,\t:tutc a \\Jtvcr, e>..p1rs~ ll 1mphcd. ofnn) of1hc 11111nun,t1c,,, 11gh1,. bt-ntfll5, protcc11on, or rnher prov"1oo, of the Culorad<i Ge1vemmen111 lmmumt) Act. ~CRS =4. 10-101, et ,cq, •· amended L1ah1ht) for claims for 1n1u11cs to persons or property ansm~ from thr nc~hgcncc of the Slllte of Colorado. us dc;»rtrncnl<. msuruuoos. agcnc1cs, lx>;ords, offic,al,, anj cmployte< is cont,..llcd and hmucd by the p,covis,ons of the r,ovc111mcntal Immunity Act and the"'" management statutes, CRS §:4-30-1501, C! <tq. a> amended 20. LEG AL RESID F;NT This lcpal resident sccuon /tf. ·ck ,me/ 0 applies to or docs not apply (61 to tins Grant. Grantee must conform that any 111chv1dual natural persoo eighteen years of age or older ,s lnwfally present m the United S1atc., pursuant to CRS §14-7(,,5-101 ct seq when st,ch mdmdual npphcs for pubhc benefits provided under tl11s
Grant by rcqu:nng the following;
A. lrl entilieato on:
The apphcant shall produce one of the following personal 1dcn11fica11ons·
A valid Coloradn dnver's hcens,, or a Colorado 1dcnt1ficat1on card, IS.sued pursuant to article 2 of
lltle 42, C.R.S.; or
ii. A Umtcd States mihtary card or a m1hlllry dependent's 1dmt1ficat1011 card; or
iii. A Umted States Coast Guard Merchant Monner card, or
iv. A Nauve A '11Cl'1Can tnbal documenL
n. Allida vit
The ••~p!;,-,nt shall •~ccute •n affida1•1t hcrem attached as Form 1, Affidavi t of Legal Res1dcncy, slllting:
i. That u,, y U! Urute.:! ·;iatcs tll12"'1 or legal permanent resident; or
ii, That th ey are otherw ise la wfully present in the United Sillies pursuant to federal l~w
21 . GENERAL PROVISIONS
A. Bind ing Effect
Except a• Nherwtse prov: ic< ,.,, ll provisions herc,n containCA!, mcluding the benefits and burdens,
shall cxtct . 1v and be o.mi ,r .pen 1t1e l'nnaes' respective heirs, legal representatives, ~ucccssors, and 4 ~
assigns .
ll, Modln cnll on a1,,I A111endm ent
11ns Grant ,s subJcct to such mod1fica1·ons"' amendment~ as may be required by chan ges in Federal or
~:ate law, or their implementing rcgulau m~ Any such rcquncd mod1ficat1on or amenomcnu shall
auto1'1llt1cally bc mcu,po, 11ed •"'u and h-made part of th is Grant on lhc effec tive dale of such change, os
1f fully set forth herein Lxcept as spec1fically provided elsewhere l'C!'em. no mod1ficanon or amend ments
ofth1s Grant shall be efTect1vc unless agreed by both Purt1es 1n a wnuen am,:ndmcnt lO this Grant,
properly executed and if)1'10vcd, the fonn and contcut of which arc m accordance with State f.,llw, Fiscal
Rules an d Pohc1es,
C. Entir , Uud er,tnndin g
'l11is Grant represents the complete mtegranon of all undcn.tandmgs bclWL'Cll the Parnes and nll p11or
representations nnd u11dcrstandmgs, oral or written, nre merged herein. No pnor or contcmponmcous
oddmon, delcuon, or other amendment hm:to shall have any force or afTec, whatsoever, unless cmboched
hcrcu, or ns provided m the Mod1f1cauon subsection of this SCCUott
I). Severobili t)
Provided this Grant cnn l>r •~t<:utcd anJ pcrfonneo m accorJance with ,ts 1111c,1t, thr prov1s1ons hcn.-of arc
scvcrnble and any prnv1sum clcclorcd mvahd or mopcrab'< for uny rcasun sh;ill not ofTect the vahduy Qf
any other pro,•1s1on hereuf.
g, C'u uut cq rn rts
This Grant may be executed m mul11plc 1dc11ucnl orogmul countcrpnns. all or wh,ch sha ll constitute one
agreement.
F. Waiver
Waiver of any breach of a term, provmon, or rcquuemcnt of or nny 11glll 01 1cmcJy undc1 this Grant, 1 Ill.
whether cxph c,tly or by luc': of enforcement, shall not be construed or deemed as• waiver of Bn) • p
subscqu, ~I breach ufsuch u,, n, prov1s1on or 1cqu11c111~11t, 01 of any otl1c1 tc1111, prov1s1on, rn 1cquircmcnL
Page I~ uf 16
c. \~\igu111em-.~(I\Ohhll fxLept ai ,,thc:·w,sr--.pc: .. .i,c.-.lly pt 1i J m lht ~!:t:!cmenl ,,f Wcr.._, Lihlbit n C,r,,ma:"s nJhl> and ohl1:•311on~ 1,ereu~<le: aa· ~aal Jnd ma~ nol ht :ransftrreC. a~M[!?ltd or ._uhcontra"t<l, ;md 110\11tmns rJ,.;'' ::ult occur. ·,1m.hou~ the pnor. v. ritter con~cnt o< 1nr Stale An. attempt at nss1gnmc~t. traMftr uh..,,nu-acung. or nuvauons "llh!lut such consent ·hall he void Al! suh-g1nn1s1,uh-~ran1ces and ~uh.ontranJsubcontract<1rs ,1p111 nvrd hy Grant<'<" Pr the State shnll he suh;cc1 10 the prov1Mons hereof Gran tee shJ II be solely , espons ,hlc for a II asrrm of subcontractmg nrrangcmen~ nnd prrformnncc . Gmn1cc shall be solely rc;puns1hlc for nll sub-1,.,-11111 nnd subcontractmg nrm1ge,nen1s, dnc,uons, nnd 11crformnncc, mcludmg, but not hmned to, dchvery of Goods nnd pcrfom1ance of Services Grnnlc:c shal l require and ensure that each sub-graniee and subcontractor assents 111 wr111•1g lo all of the provision s hcrror, mcludms mdemnifym& the Stoic as required under the Color-•do Spcc,al Prov151on, .. helow herein
II . T hird l'arry lk ncliclaric,
Enforcement of th15 G:nnl and all r1gh1J of acuon hereunder are reserved solely 10 the Pon ies Any
scr\'1ces or ben •f;ts rcccivcd by a third pony as a rcsull of this Grant are incidental to the Grant, and do
not crcalt any nghu m or for such thtnl par1y.
I. Survival or Ceruin Cran! Terms
N01w1lhstandmg anything herem lo the contnry, prov,s1ons or thlS Grant, including w1lhoul hm1lat1on
Exh1b11s and a11achmcnts hereto, rcqu,rms conunucd perfonnancc, compliance, or effect after temunauon
hereof, shall survive such 1crrnina1ion and shall be enforceable by the Depanmcnt ,fGrantcc fails to
perform or comply as required
J.J urlsdlction and Venue
All suits, actions, or proceedings related 10 thi s Gran t shall be held m the Sta te of Colorado and the
Purucs herby agree that venue shal l be proper in the City and County of Denver
K. Captions
The capuons and headings in this Grant are for con,·emcnce of reference only, and shall not be used to
mterprel, def me. or hmil its provl$ions.
L. Feder•! Funding-List of Selmed Applluble Lows
Grantee 11 all llmcs dunng the performance oftlns Grant shall wmply with all awhcablc Federal and
State laws aod their 1mplemcn1mg regulations, curren!ly m existence aod as hercancr amended, mcludmg
without hnutaunn those set forth on Exhibit A, Apphcablc Laws, attached herelo, which laws ond
rcgulauons arc mcorpor.tcd herein and made pan hereof. Grantee also s11111 require comphanc-with such
laws and rcgulauons by subgrantees and subccntrael01'$ under subgrants and subconlraets penmncd by
this GranL
M . Order of 'PrecedCJ1 to
The prov1S1ons ofth1s Grant sh~II govern the reln11onsh1p of the Department uud Gruntee. In tile ev:nt of
con01c1S or mcons1s1enc1es between this Grant und 11s exh1b11s and nunchmc-nts, such conO,cts or
meonsist,nc,es shall be resolved by refcrc11cc 10 the documents in the following order of rnority:
I. Sccuun 22, Colorado Spceinl rrnv1s1011s
II. Sccuon, I through 21 of Grant Agreement
Ii i. !ixh1b11 A. Apphcnble l,nws
iv. E,.hib11 B. Statement of Work
v Grant Gu1031lc<e Package
n rOL!Jl,AllO ~l'FC'IAL r110 , 1s 10 :-.~ 11,t :: Spei::u1I Provrsmm: appl~ 10 .1Il Stalt contr3ct except\'. here no,tJ ,n 11.11,.:.s 1. CONT l(OLLt:l('S Al'l'RO\ AL, CHS 24 10-?92(1 }. TI11• Gr.at •~all 001 be deemed val ,ct cn1 1I 11 h., b"r, approved h> the Color.ido Stair Con1rollcr or des11,'1lce 2. Fr.~n A l'AI L\811.IT \', cm, N -30 -~uw :'), r-,nancml ~bhgnuons of the S131c pay3ble aflcr the currcm •:sc•I year arc contmgcnl up,m fu,,d, ,.,,. thal ,··•~ hc,nR arpropnated. budgeted, and othcr;,ise mudc nv;,1?;1bie J IND!iM NIFICATIO1' To the extc:;• ,.rv1dcd by law , Grontcc ~hall 111dcmmfy, $live, und ho ld hannlcs, the Stnte, ,ts employees and agents. ag•ust ar., •nd all claims, dA1r.agcs. habtl1t) a11d coorl awnrds
mtludmg cosb, rxpen:es, and ott,xncy fees nod rr'1te,< tr sts, incurred o.s • result of any ;:ct or om1ss1on by
Grantee, « 1ts cmµloyccs, agcn•s. ;ubcontractors, · ~ a,s; nccs pursuant to the It. ms of th,s GranL
/A pplica ble 011/y 10 /111t•rgo1•,rnmei11a/ Co11 1racl\J Nu 1.crm Cl' cond11ton of1h1< Gr,nt ~h,11 he construed or
m1c,pre1ed as a waiver, express or 11nphed, of any uttl,e 1mmun111es, right,. bcnefilS, protccuon, or othct
prtm'1oas. of the Colorado Governmental Jmmun1q Ac~ CR3 24-1\)-101 et seq., or the Federal Tort Claims
/\cl 28 U.S.C 26 71 e1 sc+. as applicab le, as now or her,:af\cr anuidcd.
4 IN DEPEl''DENT CONT ACTOR. 4 CCR bil l -2 .:irantcc hall perform its duties hereunder as an
independent contractor and not as an tmployce. Ne,thei Granite nor any agtnl or employee of Grantee shall be
or shall be deemed to be an agent or employee of the Staie. C,antec shall pay when due all required employment
taxes and income Illes and local head taxes on any monies ~&,o by the St.ate pursuant to this GranL Gr:>nlce
nekno,· ldgcs that Grantee and its employees are nN enmlcd to unemployment msurance benefits unless
G,antee 01 a thml party provides such coverogc and that the Sta:o tloes not pay for or othcrw1<e prov,de such
covc,age. Grantee shall have no authonzanon, exp ress or implied. to bi nd the St.ate 10 a.1y arreement, liabili1y or
uuderstandmg, except as expressly set forth herein Grantee shal1 rvovide and keep m force workers'
compem;auon {and provide proo f of s uch iniurance when requested by the State) and unemployment
compensauon msu~nce m the amoums rcqum:d bi fow and shall be solely responsible for ,ts acts 3nd those of
,ts employees and agents
5. NON-DISCRJ MINAT ION. Gran1ee arrces 10 comply with the letter and the s,nnl or all apphcab!e
State and redml laws rc,pecung d1scnmma11on nod unfeir employrr.ent prauices
6. CHOICE O F LAW llte laws ur the State of Colorado, nnd rules and resulauons issued pursuan•
thereto, shall be applied 10 the m1erprc1a11on, cxecu11on. and enforcement or th 1. Gm:· t. Any provwon or th1>
Grant. whether or not mcO!J)Cr.lled herein by rcftrence, which provides for arb1trot1o n by any extra-Jud1c1a l body
or person or wh,eh 1s otherwise m conflict with said laws, rules, and rcg,llat1ons shall be considered null and
vo,d Nothmg conlumed m any prov,s1011 incorporated herein by reference which purports to negate thllo or any
other spec:al provi~1on m whole or m part shall be ,·nl1d Ot enforceable or nv31loblc m nny action ul law, whcibL't
by w.,y of compla111 1. defense, orolhcrw,se. An_,: pr,1v1sion rcncered 0111! and void by U,c opcrahon o(!h1s
prov1>1on "111 not mvahdate the rcm•·ndcr of this Grunt, 10 ihc extent that Uus G1 aul is capable uf eitcculion l\t
all un,cs dunng the p,:rformance nf tins Gran~ Grantee shall s1nc1:y odhct e to all npphcnble fodcn,I and S1a1e
laws, 111lcs, nnd regula11ons lhal huvc bc,·n 01 may hereafter be cslllblL'lhc<l
7. I.Vat Applirabl, to l11terg o1v 111111·11u1/ Co111rocts] v•:Nl)()R O FIIS ~'T . C RS 24-30-202 (I) and !4-
30-202 .4 -:-he S1,1c Controller may withhold p~vment of ccf13m dtlits 011 ed to Sta le n1,;c11 c1cs un<lrr the vcndQr
nff<cl mlcrccpl system for· (a) unpaid clnld s upJ'\,rl debt or cluld support arrearagcs; (b) unpaid balance, of 10,,
a.:crut-d mlCT~I. 01 othe, chnrses svec1fied 111 Article 21 , T11lc 39. CRS, (c) u11p,11d loan, rlnr lo the :;u,Jcnt
Loan D1v1sion .. ru11• Oq,artmcnt ofH,ghet F.dacJIIOll, (d) amounts ret1111rcd 10 be rnid lo 1l1<· Uncmploymml
Conipensahon l'und , and (c) other u11po1d debts owmi. lo the S1alt or 1ls •t:cnc1es, as a result of final agency
de1crmmaUon or reduced to Judgn,ctll, il S rcnificd by the Stott Con11ollc1·
S SOFTWARE l'IRACY rRO llllllTION. \;o,cr n,,r', Executi ve Orde r D 002 00. No Stole or
other pubhe fu nds puynble under tins Giant shall b: used r ,r the ocqumtton, operation, 0< m,11ntct1ance of
computersoitw,,rc m v,olatmn ofrcdernl ropynght lawso1 apphcable hccnsma rcsu·ict,ons Grantee hereb•
certifies th•~ for the lenn of 1h,s G11ml :md ~ny :xten<1oos, t,rantcr has m place appropnate systems and
control s 10 prcvrnl such ;mproµcr use ..,f pub he funds If the Stale determines that Grantcr •• m violallon or th"
par:>paph, t~t St,te may exercise .my remedy a,·a,lablr al law or eq111ly or under 1h:s G1J111, 111~h11hng. w11h,1111
P>r.< 14 DI 16
•
hmllatlon. 1mmcd1att' termin::mon of thl' Grant a. ~ ;.ar:y rcnu:d)' com:1.stcnt wllh ltdera' copyn~ht law,-or appl1cabic l1censmg restnct1on~ 9. t:MrLOYEE FINAN C'IAL INTEilESl CRS 24-18-201 and 24-50-507 TheSii;nalone$, ,er 1h11 to thc,r kr.owleoge, no employee of the State has ony ?C™)n•l or bt11cfic1 ,I m1eres1 whatsoever in the Ser\'1ce ,r property described m th ,s Gra nt 10. !Nol Applicable to lntcr governmenlal Contrt ts !. O,LEGAL ALIENS -PUBLI C CONTRACfS FOR SERVl CES AND REST RJ CflON~ ON PUB LI C BENE PITS. CRS 8-17 .5-101 one 24-76.5-101 Grantee ecru fies that II shall comply w,lh the provis,on< of CRS 8-17.5-1!1 I et seq Grantee sh: n not knt'w1ngly employ or conlnlel wnh an ,llegal ahcn w perform worlc under th,s Grant or t11ler mto a subtontract or i;ubgnnt w,lh I subconlJ'IClor or subgrantec lh1t fails to certify to Grantee that si,ch subgrantct or
subcontractor shall not lcnowmgty employ or contract w1lh an illegal uhen tot form work under th is GranL
G,antcc rcpresenls, warranls, and agrees that 11 (i) has verified lhat it docs not employ any illega l ahcns, lhro, gh
par1ic1pat1on ,n the Basic Pilot Employment Venficauon Pro~'l'arn administered by the Social Security
Administration ond Department of Homeland Sr.cunty, and (ii) 0U1erwisc shall comply with the requirements of
CRS 8-17 .5-102(2}(b). Grantee shall comply with all reasonable requests made tn lhc course ofan mvcstiga1 on
under CRS 8-17.5-102 by lhe Color3do Department of Labor and Employmcnl Failtn, to comply with any
requirement of 1'11s provision or CRS 8-17.5-101 ct ""1·• uiall be cause for 1enmnauon for breach and Grantc:
shaU be hable for actual and conscquenual damages.
Grant~, ,fa narural person eighteen (18) ye.1rS of age or older, hereby swears ur affinns under penalty of
perjury that he or she (i) is a cnizcn or otl1crwisc lawfully pre:cnt in !he Unilud States pursuant to fed eral la v ,
(ii) shall comply wilh lhc provisions ofCRS 24-76.5-101 et stq., and (iii) shall produce one form of
identification required by CRS 24-76.5-103 prior 10 lhc effective date of tlus Grant.
Rev11ed Octobel 25, 2006 Effeeuve Date ofSpectll Provltions; Aug,•sl 7, 2006
THE REST O.F T!OS PAGE CNTENTIONALLY LEFT BLANK
Pogo IS of I(,
Tiff I' \1 !'111 , 111 l<I • ~ \ I I \I f'I rrn r111s r.1tANT t ~ • l'crsc,ns. s1,:nmg fo r GrantrL hrn·h) '" l°.tt •mJ .1ff11111 1h.111hr) •rt :authoru,rtl 10 lt<'-1 on r.r.antt.c'$ bchtllf ;1nd I ~cknowlL-c.l~l lh:u !lit ,, .. 1t 1, 1rl~ 011 rh c:lrrep1csc11talio11.1i IQ lhal tffecl. -----GRAN'I t:~ S1 ii rn 01' LOl,ORADO CITY OF ENG l.1'11'0011 11111 llltlcr, ,Ir., ( :ovtmNOll [)l•.l'Al!TMENr OF WCAL AFFAIRS
Dy: Gary L . Sears ---
TIiie City Manager
Uy
•S,gn•ruae Sat-an E Ku~painck. Execuuvc Darcclor
Date. Oaie
l'kF-APPROVf:O FORM CONTRACT REVIEWER
lly.
Wil ham F. Archambauh Jr.
11•1< • ~
ALL GRANTS REQUllt>: Arl'ROVl!,L hi lh t STATF COJI/Tl!OJ.LER
CRS §14-30-202 requires lh• Stolt Conlrolltr 10 •11111,av• 111 S111t Grant,. 11111 Gra nt I• nol •••lid unlll •l~nod •nd ]
datr.d below b)' tht S1::att Controller or dr.lr1:Att.. Gr~nlt('I hi nnl uulhurbtd lo hrJ!ln 1,erfurnuuu~t unHI such time. Ir
Cr:mlec btgini performing prio1 lh t.1ctu1 1hr Stair ol C'olondu h: not obll,:111rll 10 pll)' Cr11 11h•t' for such I pcrformAncc or for 11ny good~ and/or ~rrvkr~ pr11vlded hen11ndtr,
ST,\TF; CONTll OLLE H
IJo•hl J . Mrl)cr111ull, C'l'A
By :
Rose: M:mt Auten~ ro01rollc1 lklici;.11c
O ■lt': -----. -
j t
I'•,• 16 ol 16
2110· r~t1•f;.surp1t1110111ul M-.M7S9!, l~Xl II Bl I' 1\ Af'l 'LIC:1\IIU-. l \\\~ Federal laws and regulo1ions incorporated mto th1: ·01:tr,1<1111, ll1ol, ,qll, ,1 lonnl,1' ,,u l Age D1scnm111ahon Act of 1975, 42 US.C. Sccuu1 i hill\, rt ,c,1 2 Age Ll1sc111n 111ation in Employment Acl ofl%7, 29 ll S.(' <>21 c,11 3. Amcncans w11h D1sab1ht1es Act of l9'Xl (AOA), 42 ll.S C 1210 1. L'I < ·11 4 Equal Pay Act of 1963, 29 U.S C. 206(d)
5. lmm1gralion ~eform and Control Act of 1986, 8 U.S ( I J24h
G. Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794
7, Tille VI oflhc Civil Rights Act of 1%4, 42 U.S C. 2000d
8. Tille VII oflhe Civil Rights Act of 1964, 42 U.S.C. 2000c
9. Tille IX of lhc Education Amendment of 197c, 20 U.S.C. 1681 . ct seq
I 0, Section 24-34-302, et seq ., Colorado Revised Slatulcs 1997, as nmcndeJ
11 The applicable of the following:
I I. I. Cos t Principals for State, Local and Indian Tribal Govcmrncnts, 2 C.F.R. 215, (0MB
Circular A-87);
11.2 Cost Principals for Education Institutions, 2 C.F.R. 220, (0MB Circular A-21 );
11.3. Cost Principals for No:,-Profit Organizations, 2 C.F.R. 230, (0MB Circular A-122), and
11.4. Audits of States, Local Governments, and Non-Profit Organizations (0MB Circular A-
133); and/or the Colorado Local Government Audit Law, 29-1 -601, et seq, C.R.S., and State
irnplemen:ing rules and regulations
11.5. lmn11gration Status -Cooperat ion witl1 Federal Officials, CRS 29-29-10 1, et seq.
11.6. Davis-Bacon Act, 40 U.S C. SS 276a to 276a-7.
11.7. Copeland Act, 40 U.S.C, S 276c and 18 U.S.C. SS 874.
I J.8. Contract Work Hours ard Safety Standanls Act, 40 U.S.C. SS 317-333, regarding labo1
standards for federally assisted construction sub -awards.
11 9. Wild and Scenic Rivers Act of 196&, 16 U.S.C. SS 1271 et. seq., related 10 protectmg
components or potential components of the national wild and scenic rivers system.
I 1.10.National Historic Preservation Act of 1966, as amended, 16 U.S.C. 470, Executive Order
No. 11593 (identification and protection of hi storic properties), anci the Arclrncolog1cal and
Historic Preservation Act of 1974, 16 U.S.C. 469a-1 et. seq.
I I.I I.Robert T. Stafford Disaster Assislllllce and Emergency Rchcf Act (Sta!Tord Act), 42
US.C. 5121 ct seq., as amended.
11 12.Nahonal Flood Insurance Act of 1%8, 42 U.S.C. 4001 ct. seq.
11. I J.Comprehensive i:l1wi ro11111entnl Ri,sponse, Compensation, and Liability Act of 198U
(r':RCLA). 42 U.S.C. 104.
l l.14.Dcµurtment of Defense Authon zation Act of 1986, Tille 14. P.irl B, Section 1412, Publi c
Law99-145, 50 USC. 1521.
l I.IS.US A PATRIOT Ac.t of 2001, tl'ub . L. 107-56).
11.16.Digital Television Trans!lil'n and Public Safely Act of 2005, (Pub L. 109 171 )
12. Federal Emergency Management Agency, Dcpa11111cnt of llomcland Security Regulations: All
Apphcnble Portions of 44 C.FR Chapter I, with the following Parts specially noted and applicable
t<> all grants of FEMAIDHS funds :
12 I Umfmm Administrative Requirements for Grants and Cooperative Agrel'mcnts to Stale
and Local Govcnm1cn1s, 44 C.F.R. 13.
I c .2 Govemmentw,de Debarment and Suspension (N onprocuremcnt) ,u;J Requirements for Drug-Free Workplace, 44 C.F R. 17 . 123 New Restncllons on Lcibbymg, 44 C.F R. 18. j -13 Pnvac1 Act of 1974, 5 U.S.C. S 5529 and Regulauons adopted thereunder (44 C FR. 6). 14 Prohib,uon against use of Federal Funds for Lobb~1ng, 31 U.S .C. 1352 IS None of the fu'lds made available through this agr'!Cment shall be used in contravcnuon of the Federal buildings performance and reporting requirements of Executive Order No. 13123, pnrt 3 of ttlle V of the Nauonal Energy Conservation Policy A~t. 42 U.S.C. 825 I ct Seq., or subtitle A of title i of tlie Energy Policy Act of 2005 (including the amendments made tl1ereby) I 6 None of the funds made available shall be used in contravention of section 303 of the Energy
Policy Act of 1992, 42 U.S.C. 1321 l
17. Buy Amenean Act, 4 I U.S.C . I 0a el seq.
Page 2 or2 -Exh1b11 A -Applicable Laws
I
,-------·-------------------------.. 200 7 EMP • u1111l •me111nl . 8F.M7S98 F.XHIBIT B -TATEME T OF WORK 2007 Su1iplcmcntal Emergency Mnnagcment Performance Grant I. GENERAL IJES Rll"T'ION OF THE l'ROJECT(S). The. two -p art proiec t inv ol ved is I) Th e develo pm ent end implementatio n or tl1e City's Etnergency Operati ons Ce nter (EOC) and 2) Th e devel op mci ,t and implementat ion of the City's Eme rgency Operati ons Plan (EOP). I.I. Ellglblc/apflrovcd upenscs. (1) EOC Improvements (computers, software peripherals, radios,
telephones, displays), (2) engineering study to determine back-up generator cn~ablllty, (3 ; part-
time employee tt; update EOP 111d provide associated trlnlng/exerciscs.
1.2. JdenUficaUon of SubgranL NONE
2. DEFINITIONS:
2.1. List spec ialized terms l!Sed in th e SOW , If any : NONE
2.2. Lisi abbreviations used in the SOW, if any : Emergency Operations Center (EOC), Emergency
Opmtion Plan (EOP)
3. DELlVERABLES:
3.1. Quarterly Flnanclal Status and Progres.i Reports . The project(s) approved in this Grant are to be
completed on or before the tcnnination date slated in §S(A) of the Grant Agreement. Grantcc shall
submit quarterly financial status and programmatic progress reports for each project identified in this
agrumcnl using the fonns provided by the Dcpartmenl Two copies with original signatures shall be
submitted in accordance with the schedule below:
3.2. Final Reports . Grantee shall submit I final financial status and progress report that provides final
financial ,i:conciliation and u final cumul1tivc grant/project accomplishments report within 45 days of
the end of the project/grant period . No obligations of funds can remain on the final report. The final
reports may substitute for the quarterly reports for the final quarter of the grant period . If all projects
arc completed before the end of the granl period, the final report may be submitted at any time before
its final due date. No further reports will be due after the Department has received, and sent notice of
acceptance of the final grant report
on-Federal Match: This non -federal match settion [ check one) 181 applies to or does nol apply O lo
this Grant If it applies , thi s Grant requ ires a non-federal match oontribution of~ of the total
Grant budget. Documentation of expend itures fo r the non-federal malch contribution is required, The
match [cl,ock one] 181 may or may not O include in-kind mRlch ..
ther Deliverables: NONE
4. PERSONNEL:
4.1 . Key Personnel
4.1.1.Responslble Administrator. Grantee's pcrfonnancc hereunder shkll be under the direct
supervision of Stephen Green, Emergency Management Coordinator, an employee or agent of
Grantee, who is hereby designated as lhe responsible administrator of this project.
4.1.2.Otber Key Personnel : NONE .
4.1.3.Replacement. Grantee shall immed iately notify the Department if any key personnel cease to
,erve. Provided there is a good.faith reason for the change , ifGrnntce wishes lo replace its key
Page I ofJ -Exhibit B -Stn1emc11t or Work
.-------------------------------------.. pcrsunntl 1' hal' " »11' the-[l~ff ri.1'-~t .md ,.c-c" Il.: JP}>WVJ:, wh1.:-t ,hall bt at the :Jcp;1nn 1cm ► ~olc d1!.crc11u11, u~ 1he r>cranmcnt 1~s ucd tlus Grant w par1 n::ltanccon Gra.nlcc's rcprc!.c1Hat101l~ rep,rdm~ 1-ey !'c,<.1Mcl Such notice shall sJ)C(1fy wh) the change" nccessar,, "ho the ll!Opn,cd oc·plamncn1 rs, what his~wr qu.1hf1ca11~as arc, and when !he change will take cffecl Anyumc kc) per,.,nncl cease lo serve, lh<: Dcpanmcnt, m 11, sole discretion, may J1rcct Grantee to suspend work on the l'r0JCCl unti l s uch tune•~ rcpluccmcnt, arc •rprnvc<l A II notices ,cnl undcT this stth.secuon shall be sent ,n acC<,rdancc "ilh § 18 of the Granl 4.2. Level or f:xpcrtlsc Not Applicable 5. Tl,STI NC: MIU ACCE PTANCE CIU TE:IUA: ~ i. The Ocpartmenl shlll rnlualc lhts rroJc cl(s) 1hrough lhc review of Grantee submitted finan cinl and
pror,ri '1S. ·n,c Depa1tmcnt may also conduct w-s11c nlDntlonng lo dctcrmmc whclhcr !he
Grant«." mcctmglmct lhc pcrfonnance goals, admtn1s1rot1ve slandards, finonc1al management and
other requ1rcmcn1s of this gmnL The Department will notify Gr.mice tn advance of such on-sue
monitortng
5.2. Additional Acceptance Cnter1a· NONE.
6. PAYMENT:
6.1. Payment Schedule: Grantee shall submit request~ for reimbun;cment using the Ocpartmcol provided
form at least quarterly Two original signed copies of the retmbursemcot requeslS arc due on the same
dates as the requ,red financial repons. All req ucsls shail be for eligible actual expenses incurred by
Grantee, as desc,ibcd m delall m t I of lhts Exhibit Requests will be ecc,;mpanted by supp oning
d,oumentat1on 1otah ng at least lhe amount req,ucs1ed for reimbursement and any required non-federal
rr .tch contribution. Documentation requu-emcnls arc descnbcd tn §7. I of this E~hib11. If any financial
or progress reports are delinquent al the time of a payment request, lhc Department may withhold such
rcimburscmcot until the required rtpOrlS have been submitted.
6.2. Pay ment Amou nt: When non-federal mntch 1s required, such match must be documented with e,'CI')'
payment rcquCSL Excess match documented and subm11tcd with one n:1mbursemcn1 request will be
apphed to subsequent requests as necessary to ma1.im1zc the allowable rcimburscmcnl Up to 90% of
the total grant amount may be rc1mbun:cd pnor to proicct ncceptnncc and Lorant closeout. If sufficient
documcr,urnon of actual costs has been incurred and $Ubm1llcd, the final 10% will be rcle85Cd after all
Acceptance Cntena or Dchvcrables have been met, and accepted by tho Department.
6.3. Rc ml1ta ncc Address. If maJ!ed. paymems shall be rem111cd to the followms address unless changed m
nccordance with § I 8 ofthe Gr.mt:
City of Englewood
3615 South Elall Street
Englewood, CO 80 I I 0
7. ADMINJSTRA TIVE REQU IUEMENTS:
7.1. Req uired Oocumeolalion Sufficient detail must be provided with reimbursement requests to
dcmonstrutc thnt expenses nrc ollownble and approprtnlc Ill detailed below
7.1. l .f'.quipmcnt or tangiblr goods. Requests for reimbursement for 1ang1hlc pen;onol property with a
purchnsc price orlc.ss than $5,000 per item should mcludc the invoice number, dcscnplK>n of11cm
purohnscd (e g. r.id1os), and o,e locnuon nnd number of 11ems. For C<JU1p ment items with a
purchase price of or cxcecdt11K $5,000, und a useful life of more than one year, the Grantee must
provide a copy of the invoice and 111cl ude n unique 1dcnltfymg number. 1711s number can be the
manufoctnrer's serial number or, if the Gnntcc has tlS own existing uwcntOI)' numbering system,
that number may be used . The localton of the equ1p111ent must also be 1•rc,v1dcd. In odd111on to
ongomg traclcmg rcqu1rcmen1S, Grantee shall ensure that tangible g(1)Js w11h per item cost ofSSOO
or more and equtpmcnt with pc1 unit cost of $5,000 or more are prom111cn1ly 111arked as follows·
"Purchoscd w11h funds proV1dcd by FEMA ."
7 .1.2.Servlccs. viantccs musl mcludc con traet/purchnse order numbcr(s) or employee names. the
dn1c(s) the Stf\sccs were pro>1dcd and 1hr nature of the services.
P•r• 2 of3-F.xhib11 ll -Sta1emt111 of Work
G:-antec. m.1 1 e~~in ,111 pr memcnt and raymcr11 Jl ·umcn~:111011 rn, ue foi 1nspcrt1011. nus shouki include:, but not be hm1led to, purchui;c orders, receiving doc un1en1 s, mv h ~c:., vouchcri;, cquipn1cn11ser,·1ccs 1dc'nti flcat,on, and :,me >nd clTO!". reports 7.2 . r rocuremenl: A Gru:itee '.'lhould cn~urc its. procuremen t pol1 c1es meet or cxcceci loc;11 , st:ite, tmd federa l requirements. Grantees should refer to local . state , and fede ral guidan ce prior to mak,ng d.-,mons rcsanhng co1npc1111vc bid,, illlc \OUTtc or other procurement tssucs In addtt•on 7.?. I.Any sole s.>urcc tran sac11on ,n excess of ~100,000 must be appro ved ,n advance by th e n epanmcnL 7.2.2.Grantccs shall ensure that. (a) All procurement tranSi\Cltons, whether ncsouaicd or compc1111vely bid, nnd witho u1 regard to doll ar value, a,e conducted 111 a manner thai provides maxunum open and fn:c compc1111on (b) Gran1ec must he alert to organ,uillonal con Oicl! of m1crest and/or nun•
compc1111 vc prn cliccs among con1rac1ors 1ha1111,1y restrict or cl,mmale compe1111on or 01herw1se
restrain trade. (c) Contractors who develop or draft spec1fica11 ons, rcquiremcnls, slatemetlls of
wotk, and/or Requests for Proposals {RFPs) for a proposed procurement must be excluded from
bidding or submitting a proposn l to compete for the award of such procurement. (d) Any rcquesl
for exempbon of 11cm a-e within this subsection must be subm11ted in wnung to, and be approved
by the authonud Grantee ofTtc1al.
7 .2.J.Grnntce shall verify lhat the Contractor 1s not debarred from parltcipa lton in slate and federal
programs. Sub•l,'!'anlee.s should l'CVICW contracto1 debarment infonnat1on on h1tn;l/www.cpls.gov.
7 .2.4. When 1ssumg requests fo r proposals, b id sohciU1t1ons, and other published documenls describing
proJecls or programs funded m whclc or m part with these grant funds, Granlee and Subgrantces
must · (a) state the percentage of the total cost of the program or project which will be financed
with grant money; (b) s1atc the dollar amount of slate or federal fun ds for the project or prouam;
and (e) use the phrase-"This project was supponcd by grant II 8EM7S98, issued by the Colorado
Division of Emergency Management."
7.2.S.Grantee must verify th nl all purchases arc listed in §I.I of this ExhibiL Equipment purchases, if
any, wll he for llems hsted m the Approved Equ1pmen1 List (A.E.LJ for 1he grnnt penod on the
Responder Knowledge Bnsc (R.KB), at hllp://www .rkb.mipl.org.
7.2.6.Grantee must ensure that no nghlS or dultes excre,scd under this grant, or equipment purchased
with Grant Funds having a purchase value ofSS,000 or more arc assigned withoul th e prior written
eonsenl of lhe OeparllncnL
7.2,7.Grantcc must ensure that all fun ds arc needed to supplement and not to supplant the Grantee's own
fu nd s.
7.3. Additional Ad ministrnlhe Requirements: EjONI!
8. l'llOJEC r BUDGET:
Solullon Area EOC Required Non• Total
Planning, Federal Match
Equ,pmmr
Project
Fetlcral Share
Pl11nnlng $12.000 $12.000 $24,000
Eaulo men l $9 000 ~000 $18000
Training
Exerclso
Manaoomanl & Admln
Total Budaot $21,000 $21,0 00 $42,000
A11y changes to this budget as authortzcd m §S(BX11) of the mam co11troct musl be subm11ted lo the
Oepartmenl prior to the next reimbursement request so lhe Oepartmetll can properly momtor grant
expend11Ures and ensure rctmburscmtnls fall w1tlun the budgeted amounls. Note, 1hr changes allowed
by §8(8)(11) are for budget change 111volvmg less than 10% (cumulative) of t he total nwnrd. This docs
nol authonze changes that involve a dding proJccts or items not mcluded m the approved prOJCCIS as
those arc chnses m the scope of work and require an nmcndment 10 the Grm11.
l'age .J of 1-Exl11h11 B -S111 tcmcnt ol V .,rk
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2007 EMPG Supplemental Grant Applic ation Applicant Information Applicant Name (Tribe/County/City) City of Englewood , Colorado Contact (Name): Stephen Green nue: Emergency Management Coordinator Address: 3615 South Elati Street, En glewood, Colorado 80110 Phone: 303-762-2476
Ern<1II : sgreen@englewoodgov.org
Proposed Use of Funds
_Operational (EMPG-efigible costs within the performance period)
_LProject Completion (EMPG-eligible costs within the performance period) •
_Both {award to be used for a combination of costs)'
• If the funds will be used to complete a special project or proJects, please
provide a brief description below:
The two-part project involved is 1) The development and Implementation of
the City's Emergency Operations Center (EOC) and 2) The development
and Implementation of the City's Emergency Operations Plan (EOP) .
1) The development of the EOC would be accomplished thro ugh the
purchase of necessary equipment such as computers and associated
computer software and peripherals, communications equipment including
telephones and radios and visual aids Including a flat panel television
monitor.
Up to this poi nt, the City of Englewood has not had an EOC that meets
minimum acceptable standards of capability. This dedicated equipment
would enable the City to develop an EOC with basic operational c apability
consistent with a Type IV EOC as described by the NCR/UASI EOC
Oneratlons and Readiness Sub-committee.
Improving the capabilities of the EOC will allow the City to work in a more
collaborative style w ith all City departments in effective proxi mity during a
major event It will also provide a more efficient method of communication
and coordination of operations with other jurisdictions during an area-wide
event
2) The Emergency Operations Plan revision, training, and exercising wlll be
accomplished through a part-time p aid Internship position. The Intern will
be responsible for completing the revision of the City's EOP. The position
will also dellver a significant portlon of the orientation and training to City
employees i n the activation and use of the EOP.
Personnel would be oriented, trained and exercised on the use of the EOC equipment and c apabilities. nmellne for expected c ompletion of both parts of the project Is the end of the grant performance peri od (June 30, 2009). Matching funds In the form of salary for the Emergency Management Coordinator and the Assistant Emergency Management Coordinator would provide the required soft-match for both parts of t.'l e project
3) The Englewood Emergency Operations Center Is not c urrently
connected to a back-up generator power supply. According to our facility
services and maintenance supervisor, an engineering study needs to be
completed to determine if the current generator is capable of carrying the
additional electrical load, or If a new generator will have to be purchased.
The amount requested In the design and planning section of this request Is
to help fund that engineering study. Soft match funds will come from the
salaries of Public Works employees working on this phase of the pro)ecL
Budget
Normal Operating Costs
Salary
RenULease/Ulilities•
Phone·
Office Supplies·
Copying/Printing•
Travel"
Training
Equipment
Total
Special Pro)ect Costs
Sal ary/S taffing
Design/Planning
Equipm ent
Ma terials/Suppfles•
Copying/Printi ng•
Travel '
Training
Administration •
Total
Federal Share
Reimbursed (up to 50%)
$
$
$
$
$
$
$
$
$
Reimbursed (up lo 50%)
$10,000
$ 2,000
$ 9,000
$
$ s
$
s
$21,000
Non-Federal
M,1tch ( 50% or graater)
$
$
$
$
$
$
$
$
$
Match (50% or greater)
$ 10,000
$ 2,000
$ 9,000
$
s
$
$
s
$ 2i,000
• Note: Please see the EMPG 2007 federal QIU/dance regarding claumcatlo n of Managtment and
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Administration (M&A) costs. The federal share (lo be reimbursed} M&A costs m~y not exceed 3% •
of th• federal share of the b udget M&A costs beyond 3 % of th• federal share m,y ba approved
i nd document ed as p art of the non,feder,I match req uirement
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Note: Please ensure that any equipment proposed Is listed ,s EMPG eligible on the DHS Approved equipment List (A EL). Due to the llmltod statewide funding, no equipment In excess of SS,000/unlt w//1 be approved for the EMPG supplemental grants, Authoriza tion (Sign ature of Authorized Local Gove rnmen t Re p rese ntative) The undersigned does hereby warrant and guarantee that he/she is authorized to sign and submit grant applications on behalf of the named local government.
The undersigned does hereby submit this application for financial assistance In
accordance with the Emergency Management Performance Grant program
administered by the Colorado Division of Emergency Management and certiftes
that the applicant will fulfill all requirements of the program and that all
information contained herein Is true and correct to the of his/her knowledge.
Date: _04-02-08 __ _
Organization: City of Englewood. Office of Emergency Management
For DE M Use:
DEM Regional Fie~
Signature: ~t----.Date: ,,,-/,q/08
Budget:
Planning
Organization
Tralnl
Exercise
Equipment
M&A
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ORDINANCE NO. SERIES OF 2008 BY AUTHORITY COUNCIL OILL NO 42 INTRODUCED BY COUNCIL MEMBER MOORE AN ORD IN ANCE AMEND ING TITLE 3, CHAPTER 4, SECTION 6, SUBSECTION I,
OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO TiiE
NONEMERGENCY EMPLOYEE RETIREMENT PLAN (NERP).
WHEREAS, Ibis chanic is ttquested because theR are emploY= who earned a vested
benclit in the NonErnergency Employee Ret irement Pinn {NERP) 8nd either opted into the
money purchase plan in 1987 or were promoled and c:hanaed plam. and under the current
lilDgw,ge 1n the Englewood Municipal Code are not allowed to receive their benefit ,r they
continue working fo r the Ci1y beyond Normal Retirement Age; and
WHEREAS, cb2ngcs 10 the NonF.morgency Employee Ret1rancnt Plan (NERP) will
allow deferred vested par1icipnnts to collect their pension benefits even ,r they conunue
"orldng for lhe City
NOW, THEREFORE, BE IT ORDAINED BY l1tE CITY COUNCIL. OF TI-IE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
~-The City Council o f the City of Englewood, Coloo,do heri>y authorizes
ammding T itl e 3, Chapter 4, Section 6, Subsection I, of the Ecglewood Municipal Code
2000 to read as fol1011o'S'
3-4 : CITY OF ENG LEWOOD l\'ONEMERG£Nl.'Y EMPLOYEES RETIREMENT
PLAN AND TRUST AS AMENDED AND RESTATED EFFECTIVE
JANUARY I , 19'9.
3-4-6-1: Normal Rttinmt nt .
All pc:rmancnt, full•tunc Ernployccs of the Cny shall become one hundred percent
( 100%) vested upon auairuncnl of their Normal Retiremenl Age and may ,~ire a1 any
umc thereafter.
:i:t.e ,ir.et1.e lia1e ef A1111<,rn•nt •nder lh• pm ,s,e ns eee u hall h• tho lirst day efthe
li fli! lll8Ath fe lle.,.mg the R~ellllt 111 .. hteh 1111111 Smple) eo 1111.Uy AllH oo """' the
O!Rpl aymoRI aftlte Cit).
The cfiw1ivc date of rcuremcnt under lbs amvitions above shall he the first dav 01 the
1iwJlemhfgijgww1 ghc QWh IP YKhisll sys;h Emol9m gther;
A.
D.
&auaUv reum Cmm qnploXP)9)1 wath the C:itv .m
H .. a1111Psd Nowt Rg,rgnemAge '111!1
9 b Iv
S<:elnm ~. 11us Onhnance sl~,11 he c1Tcc11\'C for those ~mph,) c'C> "ho mcc1 1hc quahricn11ons on Janu ary I. ~IK)S nnd ofter. Sec11on l ~afcty Clause,:. The Cny Cou ncil hereby rinds, dc1cnnincs, and <lcchirc.,
Ihm 1l11~ Ordinance 1s promulgn1cd under 1hc general pohcc po" er nf the Ci1y of
b1glcwood.1ha1111$ pmmulgmcd for 1he health, SJfety, and welfare ol 1hc public, and
that this Ordinance is nc-ecssnry for the preservation ofhcalth and safety and for the
protection of pubh.: con,emcnce and welfare. The City Council funhcr detenmnes 1ha1
the Ordmancc bears a rational relauon to the proper legislative object sought 10 he
obtained.
Sc<;jion 4, Sevcrnhj li1y. If any clause, sentence, paragraph. or part of !his Ordinance
or the application lheffl>f to any person or circumstances shall for any reason be
adjudged by a court of compctcnl jurisdiction inv11lid. such judgment shall nol affect,
imp3.1r or invalidate the remamder of this Onlmancc or 1ts application 10 other persons or
circumslanccs.
~-Jncons,stcnt Qrdinanccs. All other Ordinances or portions thcroof
inconsis tent or connic1ing with this Ordinnncc or any portion hereof arc hereby repealed
10 the extent of such inconsis!ency or conflict.
~-GITcct of repeal or modification. The repeal cr modirication or any
provision of the Code of the Cuy of Englewood by 1hi~ Ordinance shall not release,
cxtin~uish. alter. modify, or ch!lllge ,n whole or in part any pctllllty, forfeiture. or
liabihly. citllcr civil or criminal, which shall have been ,ncurre,:1 under such provision,
and each prevision shall be 1rcatcd nnd held as sti ll remaining in force for the purposes
of sustaining any and all proper oct1ons. suits, procctding$, and prosecutions for the
enforcemen t of the penalty, rorfcm1rc, or liability, ns well as for 1hc purpose of
suslnining any Judgment, decree, or <>rdcr which cnn or may be rendered. entered. or
made ,n such acuon,. suits, procccdmgs. or prosccu1ions.
S,-euon 7. l'•uahy. The Penalty Pro,,s,on of Sccuon 141 EMC shall apply lo ca~h
and every vinl1111on of this Ord mnncc.
Introduced. read 111 full, :,r,d pn,,c~I on first reading 011 the 7°' day of July. 200~.
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Published ns n Bill for an Ordinance on 1hc I llh da) or July. 1008. Read by lltle and passed on final reading on the 21 .i dny of July, 2008 Published by 1i1lc as Ordinance No._, Scnc.· of 2008, 01, 1he 251h day or July, 2008.
/\TrEST:
James K. Woodward, Mayor
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Cleric or lhc Cily of Englewood, Colorado, hereby certify
!hat lhe above and foregoing is a true copy of lhe OrdinaJM passed on final reading and
published by title as Ordinance No._. Series of 2008 .
Loucrishia A. Ellis
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COUNCI L COMMUNICATI O N Dale: Ju ly ~ I. 2008 lniliated By: I Agenda Hem: 9c i Financia l Services Depar1men1 I Subjecl: Resolution Selling Fees for Ari Ca!lery Permils I Staff Source: Fr,mk Cryglewlcz. Direclor
COU NCIL GOAl AND PR EVIOUS COUNCIL ACTION
Cil)I Council approved Resolu1ion 32, Senes of 2008 on March 3, W08; lhe Resolution se1 various
fees for liquor licenses. The fee for Art Gallery Permils has nol been discussrd by Council. The
proposed fee is sci by S1a1e S1aiu1e.
RECOMMENDED ACTION
01)1 Slaff recommends Cily Council approve lhe allached resolution selting the fee for lhe Issuance
of Ari Gallery Permils.
BACKGROUND, ANALYSIS, AND ALTERNATIVE S IDENTIFIED
House Bill 08-1105, effective July 1, 2008, adds a new section lo Parl 4 of Article 47 oflide 12 of
1he Colorado Revised Sldtules, Ari Gallery Permit. This legisla lion perm ils "A person operating an
art gallery lhal offer> complimentary malt vinous, or spiriluous liquors for consumplion only on lhe
premises may be Issued an art gallery permiL• Key points of 1he permil include:
• ,\~ .. , Ca llery permlllee shall nol sell alcohol direcdy or indirec ll y
I C.alle:y permlllee shall no1 charge an entrance fee or cover charge
. ,;I G ,llery permillee shall no1 ln1enuonally allow more 1han 250 people on 1he licensed
premrses al one time
• An Ari C ,,llery permiuee shall ncll serve alcoholic beverages for more 1han four hours in any
one day
• An Art Callery permince shall nol serve alcoholic bever,1ges m0<e 1han fifteen d~ys per
permil year
• An Ari Gall ery perrrlllve sha ll lisl eac h day ,,l coho ll c beverages will be served
The fee schedule for Art Callery Pennils rs as follows ,
• local Fee: $103.;s
• Stlle F~e, 71.25
TI,ese fees are used to offsel 1he time and effor1 required by s1aff 10 process permi t applica tions
which Includes mon il oring. pos ling. copying, irwes11g,11mg, ft11gerprln1ing. cosls assoclaled wi lh
ht>,mni,:, and nf1~11 se-.er,,l re,.,,.._-, or '"'n~n renuroders. This mcreaw w,tt hdp In rl'dule 1he coslS ·"''"'·ll••d \\llh 1he f'iSu,,nce ol die pNnuls. FINAN CIAL IMPACl Th is ac ti on will 1110s1 likel1 have lllde or no n113nci,1I impacl as there are few If ,111y e111ities 1ha1 qu,11i(y for this permil in 1he Cil) a l 1hls 1lmc.
LI ST OF ATTACHMENTS
Copy of House Bill 06-11 OS
Proposed Resolu1ion
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NO'J'h: This bill ha, been 1u·cp11rcd for lhc si~11111 urc of lhc upprupriulO legislath c omccl'\ :ind lhc Gowrnor. T n dclermine whc1her the Governor has signed the bill 01 rnkcn nthcr action on ii. please consult the lcgislath e status sheet, the legisluth•e histor)', or the Session L•ws.
HOUSE BILL 08-1 I 05
BY REPRESENT A TIVE(S) Frangas, Judd, Ferrandino, Fischer, Borodkin,
Jahn, King, Labuda, Liston, Massey, McFadyen, McGihon, Middleton,
Pommer, Todd, White, Carroll T., Kefalns, Kerr A., Kerr J., Lambert, and
Rice;
also SENA TOR(S) Sandoval, Bacon, Boyd, Gibbs, lsgar, Kester,
McEihany, Spence, Taylor, Tocbtrop, Veiga, Williams, and Windels.
CONCERNING PERMl111NO AN ARTGALl.£RYmSERVEALCOHOLBEVERAGES
UNDER CERTAIN CONDITIONS, AND MAKING AN APPROPRIATION IN
CONNECTION THEREWITH.
Br it enacted by the General Assembly of the State of Colorado:
SECTION 1. Part 4 of article 47 of tiUe 12, Colorado Revised
Sl3lutes, is amcnd.::d BY 111EADDITION OF A NEW SECTION to read:
12-47-422. Art gn llcry permit -dctinition. (I) A PERSON
OPIJRA TING AN ART GALLERY THA TOFFcRS COMPLIMENTARY MALT, VINOUS,
OR SPIRITUOUS LIQUORS FOR CONSUMPTION ONLY ON THE PREMISES MAY BE
ISSUED AN ART GAI..LERY PERMIT, WHICH SHALL BB RENEWED ANNUALLY •
AN ART GALLERY PERMITTEE SHALL NOT, DIRECTLY OR INDIRECTLY, SELL
ALCOHOL BEVERAGES BY THE DRINK, SHAl,L NOT SERVE ALCOHOL
BEVERAGES FOR MORE THAN FOUR HOURS IN AN'r ONE DAY, AND SHALL NOT
Ct1111tal lancrs f,u/fcat, neu• ma1c1 ,al added to t'x11tlng Jtatutc.s, d01IN•J throtJgh wv1 J1 ,nd,calt
ddrt,ons /rtim tJ.lllllfl .1tatu1cs nnd wrh matr:1 ial not part of act
S£1, VE ,\U:OHOL BEVERAGES MOK!· 'fllA:S FIFTEEN DAYS PER YEAR OF UCl:NSURE. (2) (a) THE ST A TE OR LOCAL LICENSING AlJTHOR!TY MAY REIECTTHE APPUCATION FOR AN ART GALLERY PERMIT If nlE APPUCA:,,rr FAILS TO ESTABLISH THAT THE APPLICANT IS .\BU! 10 OFFER COMPLIMENTARY ALCOHOL BEVERAGES WITHOUT VIOLATING THIS SECTION OR CREATING A
PUBLIC SAFllTY RISK TO THE NEIGHBORHOOD.
(h) UPON INITIAL APPLICATION, ANO FOR EACH RENEWAL, THE
APPLICANT SHALL LIST EACH DAY THAT ALCOHOL BEVERAGES WILL BE
S13RVEO, WHICII D\YS SHALL NOT BE CHANGIID WffilOUT A MINIMUM OF
FIFTE!lN DAYS WRITTEN NOTICE TO TTIE STATE AND LOCAL LICENSING
AUTHORITY.
(3) AN ART GALLERY SHALLNOTBE DENI ED AN ART GALLERY PERMIT
BASED SOL.BLY ON THE ART GALLERY'S PROXI MITY TO ANY PUBLIC OR
PRIVATE SCHOOL OR THE PRIN CIPAL CAMPUS OF A COLLEGE, UNIVERSITY, OR
SEMINARY.
(4) AN ART GALLERY SHALL NOT CHARGE AN ENTRANCE FEE OR A
COVER CHARGE IN CONNECTION Willi OFFERING COMPLIMENTARY MALT,
VINOUS, OR SPIRITUOUS LIQUORS FOR CONSUMPTION ONLY ONnlE PREMJSES.
(5) AN ART GALLERY PERMIT MAY BE SUSPENDED OR REVOKED IN
ACCORDANCE WITH SECTION 12-47-601 If 1llE PERMIITEE VIOLATES ANY
PROVISION OF THIS ARTICLE OR ANY RULE ADOPTED PURSUANT TO nns
ARTICLE OR FAILS TO TRUTHFUi.i. Y FURNISH ANY REQUIRED INFORMATION IN
CONNECTION WITH A PERMIT APPLICATION.
(6) IT IS UNLAWFUL FOR ANY OWNER, PART OWNER, SHAREHOLDER,
OR PERSON INTERESTED DIRECTLY OR INDIRECll.Y IN AN ART GALLERY
PERMITTOCONOUCT,OWNEITI-IERINWHOLEORINPART,ORBEDIRECTJ.YOR
INDIRECTI. Y INTERl!STED IN ANY OTHER BUSINESS LICENSED PURSUANT TO
1111S AllTICLE; EXCEPT TIIAT A PERSON REGUl.ATED UNDER THIS SECTIO>I
MAY HAVE AN INTEREST IN OTHER ART GALLERY PERMITS, IN A LICENS S
DESCRlBED IN SECTION 12-47-401 (l) Q) TO (I) (t), OR IN A FINANCIAL
INSTITUTION REFERRED TO IN SECTION 12-47-308 (4).
(7) AS USED IN rms SECTION, "ART GALLERY" MEANS AN
PAOS 2-HOUSE BILL 08-1105
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ESTABLISHMENT WHOSF PRJMARY PURPOSE IS TO EXHIBIT ANO OFFER FUR SALE WORKS OF FINE ARf "S DEFINED IN SECTION 6-15-10 1, C.R.S., OR PRf£10US OR SEMIPRECIOUS METALS OR STONES AS DEF!NtlD IN SECTION I 8-16-102, C.F.S. (8) AN ART GALLERY ISSUED A PERMIT SHALL NOT !NTENTIONALL Y
ALLOW MORE THAN TWO HUNDRED FIFTY PEOPLE TO BEON THE PREMISES AT
ONE TIME WHEI\ ALCOHOL IS BEING SERVED.
(9) NOTI-!INO IN nns SECTION SHALL BE CONSTRUED TO ABROGATE
ANY INSURANCE COVERAGE REQUIRED BY LAW; TO AUTHORIZE A LICENSED
ART GALLERY TO VIOLATE SECTION 12-47-901, INCLUDING, WITHOUT
LIMITATION, SERVINO A VISIBLY INTOXICATED PERSON AND TAKING AN
ALCOHOL BEVERAGE OF!' THE. LICENSED PREMISES; OR TO VIOLATE ANY
ZONING OR OCCUPANCY ORDINANCES OR LAWS.
SECTION 2. 12-47-50 I (I), Colorado Revised Statutes, is amended
BY THE ADDITION OF A NEW PARA GRAPH to read:
12,-47-S0l. State fees. (I) The following license fees sltall be paid
to the department of revenue annually in advance:
(r) FOR EACH ART GALLERY PERMIT, FIFTY DOLLARS.
SECTION 3. 12-47-505 (l ), Colorado Rev ised Statutt:s, is amended
BY THE ADDITION OF A NEW PARAGRAPH to read:
12-47-505. Local license fees. (!) The follow ing license fees shall
be paid lo the treasurer of the municipality, city and county, or county where
the licensed premises is located annually in advance:
(o) FOR EACH ART GALLERY PERMIT, TWENTY-FIVE DO LLARS.
SECflON 4. 12-47-505 (4) (a), Colorado Revised Statutes, is
ame11ded BY TI1E ADDlTION OF A NEW SUBPARAGRAPH to read:
1.2-47-505. Local license fees. (4) (a) Each application for a
license provided for in thi~ artic le and article 46 of this title filed with a
local licensing author ity shall be accompanied by an application fee in an
amount delcnnined by the local licensing authori1y to cover aclual and
PAGE 3-HOUSE BILL 08-1105
nt,.:~sary expense:; ,uhJcel 10 the following limita1ions : (IV) FOR A 'EW LICENSE OR RENEWAL APPLICATION FOR A ART GAU.ERV PtRMIT, NOTTO EXCEED ONE HUNDRED OOLLARS. JO 5. 12-47-901 (I) (h), Colorado Revised Statutes , is ame nded BY THE ADDITION OF A EW SUBPARAGRAPH to read :
1.2-47-901. Unl aw ful acts-e.tceptions . (I) Except as provided in
section 18-13-122, C.R.S., it is unlawful for any person:
(h) (fV) NOTWITIISTANDING SUD PARAGRAPH (I)OFTHIS PARAGRAPH
(h), IT SHALi. NOT OE U1 WFUL FOR ADULT PATRONS OF AN ART GALLERY
PERMITEE ·ro CO NSUME MALT, VINOUS, OR SPIRITUOUS LIQUOR ON TIIB
PREM ISSS WHUNTIIE CONSU MPTION IS CONDUCTED WITHIN TI-IE LIMITATI ONS
or A VALID PBRMIT GRANTED PURSUANT TO SECTION 12-47-122.
E TIO G. 12-4 8-103 (2) (a), Colorado Revised Statutes, is
amended to read :
12-48-103 . Grounds for iss uance of specia l permits. (2) (n) A
special event permit may be issued under this section notwithstanding lhe
fact that the special event is to be held on premises licensed under the
provisions of section 12-47-403, 12-47-403.S, 12-47-416,or 12-47-417,0R
12-47-422. The holder of a special event permit issued pursuant to this
subsection (2) shall be responsible for any violation of article 47 of this
Litle.
10 7. Ap propriation . (I) ln addi tion LO any other
appropriation, there is hereby appropriated, out of any moneys in the liquor
enforcement division and slate licensing authority cash fund created in
section 24-35-401, olomdo Revised talu ,es, not otherwise appropriated,
to the department of revenue, for allocation to the liquor enforcement
division, personal services ror the fiscal year beginning July I, 2008, the
s um of one thousand six hundred sixty dollars ($1 660) cash fu nd s, or so
much thereof us may be necessary, for the imp lementation or this act.
(2) In ad dition lo any other appropria tio n, th ere is hereby
app ropr iated. out of any moneys in the liquor enforcemen t division nnd slate
liccn . · 1g autb rity cash rund created in section 24-35-401, Colorado
P/I GU 4-11 U E DILL 08-1105
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Revised Statutes, not otl1crwise appropriated, to the department of revenue, for allocation to the liquor enforcement division, operating expenses, for the fiscal year beginning July I, 2008, the sum of two hundred ninety-three dollars ($293) cash funds, or so much thereof as may be necessary, for the implementation of thi3 act.
SECTION 8. Effective da te. This act shall take effect July I, 2008.
SECTION 9. Sufety clause. The general assembly bereby finds,
PAGE 5-HOUSE BILL 08-1105
dctcnnincs, and declare.~ Ihm this act is necessary fi r the immcd i:itc preservation of the public pc.ice, health, and safety.
Andrew Romanoff
PEAKER OF THE HOUSE
or, REPREf.ENT A TIVES
Merilyn Eddins
CHIEF CLERK OF THE HOUSE
OF REPRESENTATIVES
Peter C. Groff
PRESIDENT OF
THE SENATE
Karen Goldman
SECRETARY OF
THE SENATE
APPROVED _____________ _
Bill Riller, Jr.
GOVERNOR OF THE STA TE OF COLORADO
PAGE6-IIOU EBILLOS-1105
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RESOLUTION NO SERIES OF 2008 A RESOLUllON ESTABLISHING ANNUAL ART GALLERY PERMIT FEES FOR TIii, CITY OF EN<lLF.WOOD WHEREAS. Colorndo House B·II No. 08-110S. cffec1ivc July I, 2008, adds a new section 10 Pan 4 of An1clc 47 of Tille 12 of11 c Colorado Re-.sal S1atu1cs, Art Gallery Pcrmll; and
WHEREAS, House Bill r-.~. ~8-110 pcnnils "A person operating an Art Gallery that rffm
complimentary malt, vinous, or spinluous liquors for consumplioo only on the premi;cs may be
issued an in Gallery Pcrmi1.":
NOW. THEREFORE, BE IT RESOLVED BY THF. CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
~-The Cily Council of lhe Cily of Englewood, Colorado hereby authorizes the
cs1ablishmcnt of annual Art Gallery pcnnil fees under the new Pan 4 of Article 47 ofTitlc 12 of
the Colorado Revised S1a1utes (Colorado Ho use Bill No.08-1105), as follows:
Ao QnUerv Pcnni1 Fees:
Local Fee:
Stale Fee:
$103.1S
S 7l.25
ADOPTED AND APPROVED this 21 s1 day of July, 2008.
ATTESr:
James K. Woodward, Mayor
1..oucrishia A. Ellis. Cny Clcrlt
I. Loucnslua A. Elhs, Cily Cieri< for 1hc City of Englewood. Colorado, hereby ccnify 1hc
above is a 1ruc copy ofRcsolu1ion No. __ • Series of 2008.
Loucrishia A. Ellis, C11y Clerk
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CO UN CIL COMM UNICATION Dale: Age nd a 11cm: Sub ject: July 21 , 1008 11 a I A 8111 for dn Ordinance Amending T11lr 11-3•4 of the Englewood Municipal Code rer1aln1ng to E11croachments ln10 Riglit-of-way ·-
Initialed By: Staff Source:
Communll~ Development Mark Graham, Senior Planner
Public Works
COUNCIL GOAL ANO PREVIOUS COUNCIL ACTION
Several of the goals and objectives of Roadmap Englewood: 2003 EnglPwood Comprehensive Plan
are implemented with this proposed ordinance. These goals and objectives are directed at
retaining and assisting existing businesse5; providing a safe. all ractive and healthy business
environment; creating a greater pedestrian, bici,de, and lransit orien tation within commercial
dis triers; and increasing the value and appeal of Englewood's retail corridc rs.
At the Study ~ession on June 23, 2008, Council directed staff to bring forward an ordinance
amending the Section of the Englewood Municipal Code dealing with encroachmen ts In to righ t-of•
WdY In order to permit the placement of street furniture within the right-of-way.
RECOMMENDED ACTION
Staff recommends Council approval of a bill for an ordinance on first readu ,.,.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Cily staff held a meeting with Chamber of Commerce and BID members on March 1 2 2008 to
discuss the procedu res for permi tting outdoor seating in the public right-of-way. C.urrent ,egulations
permil encroachments for fences, walls, awnings, canopies, and marquees through the issuance of
an encroachment permit and indemnity agreement The permit may only be reql1ested by and
issued 10 the proper!)' owner. Tiic permit I~ issued by City staff unless a perrnanen1 taking of Ciiy
property is involved, then the decision is made by City Council. The form of agreement used In the
pasl hJs required the City to be named as an additional insured on the property owner's liability
onsurance.
The Communiiy Development Depa rtmenl has received three req uests for encroachments to
accommodate outdoor seating to date. One request is from a tenant. An ordinance amend ing the
current code section is needed In order to permit outdoor seating and die placement of other street
furniture In the right-of-way and 10 authori ze the City 10 Issue licenses to tenants who are not
owners
The proposed ordinJ1,c~ •"«11nphshes 1he 1ollow111g: 1. Allows meet 1urn11ure In the nghl-ot•way under ,1 re\'oc.ahlP lllen,e agreement 1. Authonzes stari to approve the hcense agreement. 3. Authonzes a 1""'1111 to enter mto a license agreement frn streel 1umtture. 4. Allo\\s street tumllure to be plac!"d onfy aloog the fr0111age ol the property in quesuoo or along ~,e side 1f there ,s roght-0f,wa1• or City propertv to the side.
S. Requ1res a m1n1mum "•~th of nve leet of unobstructed s1rlewalk to be available alter
mstallatoon of the furnit ure.
Otl1e r deraib such as the provision of fencln 6 or railings. maintenance anc! rep.1irs, bonding. and
complilsice w,th State liquor and smoktng laws are included ,n the rules and regulatioos for
temporary occupancy of 1he public right-0(,way. These rules and regulatioos are bemg presented at
the July 21 • Study Session.
FINANCIAL IMPACT
There likelv will be minimal di rect financial Impacts to the Oty as a result of adopting this ordinance.
LicensttS "ii be responsible for dean-up and maintenance of street furniture (lnduding graffiti
removal), installing and repairing railings or fences, will be required to post a bond or other security
fo, removal or repan should the business dose or relocate, and wift be requiled to inden,•Jfy the
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Oty ag.1ins1 any claims arising from incidents lnvolvir•g the Wttl fumishin&, lncret!$ed seating may •
increase sales of food am, be\·e,ages at establishments instaffing outdoor seating, thereby Increasing
sal~s •ax revenue to the City.
UST Of ATrACHM ENTS
Bill for a .. ()fd1nance
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BY AUTHORI I Y ORDINANCE NO. SERIES OF 2008 COUNCIL BILL NO. 43 INl ROOUCED BY COUNCIL MEMBER /)Jdnn,
A DILL FOR
AN ORDINANCE AM ENDING TITLE 11, CHAPTER J, SECTION 4, OF Tl IE
ENGLEWOOD MUNICIPAL CODE 2000 PERTAINING TO PERMITS FOR STREET
FURNnURE INTIIE PUBLIC R.IGHT-OF-WAY.
WI IE REAS, the 2003 Englewood Comprehensive Plan has as one of its goals 10 create a greater
pcdestnan, birycle and transit oricnta11on within Commcrdal Districts; and
WI IEREAS. the Ci1y believes that the placement of ou1door scaling for eating an.1 dnnking
es1abhshments and outdoor furnitu re will funher that goal; a.,d
WHEREAS, some historical areas in the Commercial Distncts ha,·e little or II(, setbacl. from the
public right-of-way but have a "ide sidewalk; and
WIIER.EAS, 1he City has received several rcques1s for a.1 encroachment or pcr,nil 10
accommoda1c outdoor se.iting and outdoor furniture i~~t-of-way; and
WHEREAf , the Chamber of Commerce and th<Xiusincss Improvement District members haw:
discussed and inquired about the procoourcs for penni11ing outdoor sea ting in the public rigJ-.1-ot~
way;
NOW, TIIEREFORE, BE IT OROAINED BY TllE CITY COUNCIL O1' Tl IE CITY OP
EI\GLEWOCO, COLORADO. AS FOLLOWS:
fu&.1i.2!L!. The Ci1y Council of the Cny of Englewood. Colo,:ido h~rcby authori:r.cs
amending Title 11, Chapter 3, Stc!!Jll 4, ohhe Englewood Munic ipal Code :WOO to rend as follows:
t 1•3-4: Encro•~hmen11 and PsrmiU,
An cncmachmcnt into the public nght-of-way 111<1) be granted by Cny staff, pr<l\tdcd the
following tcnns and comht1ons nre snt 1sficd:
A. Encroachments for rcucc, and rc1nining walls may be i;rnntcd upon comphsncc w11h the
follo~ng rcqu1reme111s :
I. Fences n11J rctai11111g walls shall be in com~liancc wtth all other appiu:ablc
ordinance,, and codes .
2 l·cncc, and rclJnung wnlls shall he ad1acc11111111 Mrcet \\h1ch ha, been ma p.wm~ d1,1nct or "h1ch 1s 001do:·1gna1cJ1111hc n~1>1<'f ,trct.1 plan as one winch IS pmpo,cd to be 111dcncd or improved. B I .ncro.1ehmcnts ror cnn11lcvc.Ted awmng~. canopies and mnrquci:~ may ht grani cd upon comphancc wi1h 1hc follo11 mg requirc111c111s I. Cnn11lc1·<.'fc'<I awnings, canopies and marquee., shall nni pmJ<.-CI .v1th111 five feet (5') of back of curb:
2. Cmnilovcrcd awnings. l'Unopics Jnd murquees shall not have less lhan an cigh1-foo1
(8') clc.,rnnce from .he lowest part of 1he nwmng. canopy or m:irqu<X: to 1hc s1dc:wnlk:
3. Cantilevered awnings. cmmpies ond marquees shall be in compliance wilh all other
applicable ordinances and codes.
C. No encroachment under this Sccuon shall be effective un1d an encroachment permit and
indemnity agrcemcn1 have bc<:n sigrn:d by 1hc property owner reque.,1ing 1hc cneroachmenl and
recorded in the office of the Clerk ond RecNder of Arapahoe County. The cncroachmcm permit
and indemnity agreement shall be p,cpared by the C11y. The cncroacbmenl pcnnit and indemnity
agrccmcnl shall con1ain the legal dcscripuon of the property ow ned abuning 1hc public righ1-of-
way to be encroached, the purpo;;e of lhe c'l1Croachmcn1. !hat 1hc cncroachmcnl pcnnit and
inJcmnity agrecmem is a IC\'OC3blc h.:ensc. revocable by the Ci1y al "ill, and that the property
owner or his or her heirs and n&Signs shall remove said s1ruc1ure wi1hin thirty (30) days af\er
notice of rcvoca1ion; that the propcny owner is cstoppcd 10 deny the nght of the City 10 IC\'Oke
01c encroachment agrcemcn1, and lhat Lhc property owner agrees 10 reimburse and indemnify the
City fo r all expenses of revoking the •1~ccmc11t or removing lhc encroachment. The propc:rty
I'" ncr requesting the mcroachmcnt shall pa) all reasonable expenses of preparing and n:cordi ng
1hc encroachment pcnnil and indemnily ngrecmenl.
D. All requests for encroachmcots 11110 the public righ1-of-way where 1he cnc,oachment is n
MI\JClurc which would erente n pcnnunem inking of ('i1y right-of'.wuy and appeals fro m slaff
dc'l11al of an encroachment shall be made to 1he City Council.
l, ~l ' ~"•~ulll.lm~d.ill.ll.l'111uuhc OCCUtu1J1CuLJ.ltc pµbljc rjght-o(•
~ 1 .Jr mPMI 0[SIIWIPSCCIH I lllPDCJJY adjacent to the pubhc o•b!1.1f-way fill:
thtJIQp-og " ,ci.L~'llt.cl.Jin$ly-owncd s1reetrurm1ure tubJes, cbauut l'lliliw:1.
~tree1 E~mi1ur, isJlcfined stw milWilmow:£ placed io the~~
l, Toc..G!Y,.M~r 11~js..nulhO~ll..iWOJlU\lch..rul£ui1d.too!lill10ni ;is m11y..ll£
rcqui~ i!!ll1W)Clll.J!!i~n.
J. l':lll.1&-uw~~ f~milur~:h~ Jl.)l~f-wax wiJhouLQbJQilli!!g_a pe.lllli!.
1 Cll.Y..C.wwwlw~~
~ ;\Ppcals from Cm: Mllll;Ui.~r ~i1111r1··s deni,;Jlof n.Sll~c, rvmiturc wmuubull lle
mndc 10 the Ci!J..('ol!IISil
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~ Sofct)' Clauses. The City <.:ounctl hercb> finds. dctcmuncs, and da:lar~'> 1ha1 th<> llrd1nancc 1s promulgated under the general pohce power of the City of Englewood. thm 11 " promu lgated for the health. safe1y. and "·elfarc of the pubhc. and that tlus Ordnmncc 1s nc..:essal) for the prcscrvn11011 ofhcahh and safety nnd for the pro1cc1ion ofpubltc convenience and welfare. fhe Cny Council further <ie1cnnmes 1ha1 the Ordinance bean. a mttonal relation 10 the pr,,pcr lcg1sla11vc obJecl ,ought to be obtained . Section J. Scvcmbtlity. If any clause. sentence. para1,'Tllph. or part of this Onlonance or the
apphca11on thereof to any person or c1rcums1anccs shall for ,,ny reason be adJudgcd by n court of
competent jurisdiction invalid, such judgment shall not affect, impair'" invalidate the remainder
of 1h1s Ord,nancc or ,t application to other persons or ci rcumstances.
Section 4. Inconsistent Ordinances. All other Ordinances or portio11s tl,crcof inconsistent or
conflicting with this Ordinance or any pcrtion hereof arc hereby repealed 10 the extent of such
inconsistency nr conflict.
~ Effect of repeal or modification. The repeal or modification of any provision of
the Code of the Cit)' of Englewood by this Ordinance shall not release, extinguish, alter, modify,
or change in who le or in part any penalty. forfeiture. or liab11i1y, either chit or cnminal, which
shall have been incum:d under suc h provision, and cnch provision sholl be treated and held as
slill remaining in force for the purposes ;:,f sustaining any and all proper ac1ions, suits,
proceedings, and prosccu1:ons for the en forcemcnt of the penalty, forfeiture, or liability, as well
as for the purpose of sustairung any judgment. decree. or order which CIID or may be rendered,
entered, or made ,n s uch octions. suits. proceedings, or prosecutions .
~ ~ The Penohy Provision of Section 1-4-1 EMC 1hall apply to each and
every violation of this Ordmancc.
Introduced, read ,n full, and passed on first rcadmg on the 21 SI day of Jul y. ?008.
l'ublishcd ns n B,11 for nn Ordinance in the City's official newspaper on the 25~ dav of July. 2008
Published as o Bill for on Ordinance on the City's ofli c1o l website beginning on the 23rd day of
July. 2008 for trurty (30) days.
James K. Woodward. Mnyor
ATTEST ·
J.oucrishin A. Ellis, C'ny Clerk
I. Loucnshio A. Ellis, City Clerk of the c;:y of Unglcwood, Colorodo. hereby certify th.ii the
above and forcgomg 1s a true copy of n Bill for on Ord mancc. introduced. read in full, and passed on
lirst reading on the 2 I" day of July, 2008 .
Loucrishfo A. 1:11-,s---
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COUNC IL COMMUNICATION Date: Agenda Hem: Su hjctl: luh ~I, ~IM)R 11 a II So111h Platlt• Gretm,,w leg.1u P«>1,..:t P1ulner~ Awet:'ment In itiated By: Slaff Sourct·
Co mmuml\ Dt>,t>lopme111 D~p.ir lm<'11I M,uk Gr,,h,un . Senior Planner
COUNCIL GOAL AN D PR EVIO US COUNCIL ACTION
• Council appro, ed se, eral Inter Gcr. e1 .,ental Agreements hel\\·een W0S and 2008 wi1h
Arapahoe Counly to implemen t lh e South Platte Ri,er Open Spale Plan""" Counf\ Gran1
and Sharehacl rundmg 10, tr,11 ls, tra ,lheild ameni11es, bridges and la11d ,1cqulsition.
• Council adopted the South Platte River Open Spa ce Plan in August 2003.
• Co11nc1I adopled Roadmdp Englewood in June 2(XH which Includes an element on
Regional Cooperauon including ROals for Open Space and Environmen ta l Quallly
RECOMMENDED AcnON
Staft recommends that Council adopt a bill for an ord111,1nce a111horillng 1he Mayor to e,ecu1e 1he
Partner Ag,eemenl \\Ith Arapahoe Counly to part1C11,ate in projecls implemePling 1he Great
Ou1doo" Cc,lo rado !COCO) Grant ,l\\arded Decemher 2007 tu the Souih Pl,,ue Working Grou1i
tor ll•Of!!<'ts m 2008 to W10.
BACKGRO UND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Sou th Pl.me \V,,rking Group (SPWG) cu111prised of cities, mwns, and loc,11 org.miu11ons \\ds
formed b) Ar,11,ahoe Counf\ in September 2006 for pro1ec11ng and enhancmg 1he South Pla ne
River corridor In ,1 coUah<,ralive and •~J\l<>n,11 process recognized by DRCOG ,1s ewmplary, 1he
SPWG ,ubm,11ed ,,11 apphca11on for fu11d111g 10 Great Outdoors Colorado (COCO) ,n lune 200i
The ,1pphcat1011 111duded not onl1 open ,pace acqws,hons but also enhanternenb 01 1lw 1ra1ls dnd
hahll,11 a lo ng lhe nver. COCO prm lderf 7 ~'f,, o( the rl'quested funding 111 DP<.emher Jll07.
Protells that 111emhers 111 the SP\•VC \\ell' pla11n11,g and hurfge11ng hrlp In levera~,, lhe otlwr
pro,eus 111 tlw corrid or Englewood submilled a li\1 of proiect> th,,t 1mpleme.1t tlw Soulh Pl,111,•
R"e' Open Spate Plan 111 "'PPM of 1he effo11. Some of Englewood 's project, are complete. ,ome
.ire funded, and ,om .. are ,ndudt'd 111 llw list of pr OJf:\.h reques11ng ,a1>1t,1I f11nd111~ 111 W0'l anrf
10111
The O,lxl\, open space an1uis1tion, \\lnth \\,ls included m 1h, ,1ppl1laliun, wa, cumple1ed 111 ~007
Bike and pecles t11,1n br1dge, ,,long 1he Mary (Mt•r Gree"',ay al O,ford and Dartmouth A, enues
\\ ere also mduded in 1he COCO applica lion ,md Mt 111nded and Slheduled for co11s1ruction in
10011 Tlw Firr Tr,1in1nit Center "Orphan· PMlel ,rnd Murr,l\ llfllp~11y open spac~ Jcquis,ticms ,11
the trnulu<'n<~ u1 Bog Dr\ C•~~k ,111d lht.' Sourh P1aue "'" prnp,,,ed Im 1u11dmN 111 Jtk~I ,,ml WIil Coum ol I\ 111 ch>< u» lht•~e opl'n ,pat I' prow< I> aloog I\ oth all other ca pot al proJl'<b 111 th., regul,tr Cuuncol hudget pu>eess ,n lhP tall of 100B. All 01 1he enlllte> p,1111upa11n11111 the COCO apploca11rn1 are asked to sogn 11,e SPWG Parln.,, Agreemen l \\llh Ar,1pahoe Count} as t!\ldence of contonued coopera11on. The COCO 1und111g 1> not ,l\,1ilable 10 1he parues 1111111 ,,II 01 1he partit1pat1ng enuues ha, e signed the agreemen1 There 1> "Tabor" language 1ha1 recognizes t1,a1 1he agreement 1s sub1ec1 to annual approp,la tion b\ each of the par11c1p,111ng enlltlt'S and 1h,,t the opportunot1es and pro1ect 111a1 change O\er 11me.
FINANCIAL IMPACT
Although 1here 1s a lls1 of prioritized projects, the Partner Agreement does not obliga te an1
signatOI)' to do an1 project ii the local funding is not appropria ted. TI,e COCO gran t leverages the
$730,000 already spen t on the 0,1 ,w parcel and the approximately S 1.5 million tha t w,11 be spent
o n buil ding the O,ford and Dartmou th bridges. The proposed acqu isillon of th e Fire Training
'Orphan" parcel Is proposed In th e PI F budge t for $150,000 in 2009 . The proposed acquisition of
the Englewood portion of lhe Murray property is pro posed in 1he PlF budge t for S 150,000 in 2009
and S 150.000 In 20 10. The $300,000 is expected to leverage J bo u1 four times lh at amount fo r the
Murray •,roperty purchase,
LIST Of AlTA'CHMENTS
Bill for an Ordinance
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ORDIN/\NCI-No Sf·Rll 'S OJ 21KlS II\ \I I I l lll!U I Y l'OUNt'II 1111 1 NO. 511 IN'I ROOUC 'l•O llY COUNCIi Ml:MllFR ABll I FOR
AN ORD INANCI· AUTHORIZ ING AN IN l l·RGOV l:RNMENl Al /\GRFHl''.NT
REGARDING rJ IE 2007 GRANT OF GREA1 OUTDOORS COLORADO BETWEEN T l IE
BOA RD Of' COUNTY CO MMISS IONE RS OF TII E CO UNTY OF ARAl'AHOF.; SOU TII
SUBURBAN l'AR K AN D RECREAT ION DISTRICT; TH£ CITY OF LI rl'LETON,
GREENWOOD VI LI.AGE. CHERRY HI LLS VII.I.AGE, THE Cln' OF SI IERIDAN: TH E CITY
OF CEN'J ENN IAI.. THE SOUTH METRO LAND CONSE RVANCY: 111F SOUTH
SUBURBAN PARK~ FOUNDATION: THE COLORADO WATER C:ONSER VA TION BOARD;
THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT: THE TRUST FOR PUBLIC
LAND. AND THE CITY OF ENGLEWOOD, COLORADO ENTITLED "SOUTI I PLATTE
GREENWAY Ll:GACY PROJECT-PART!'!!:R~ f,GtlEEMENT ...
WHERl1AS, 1hc members of 1his <'JOI ii io n which is known as the Sout h Plt111e Worki ng Grou11
("Sl'WG .. ), is a coa l ii ion including ns members nil members of 1he Pon ncrs: and
WHEREAS, the Ponners of 1he coahtion •ubmoncd an Applic111ion to Grcnt Ou1doors
Colorado tGoco--i for a gran1 for the Sou1h Plane Gr«nway Legacy ProJccl ("Projccl") in
Augus11007, and
WHEREAS.1he purpose of lhc Projcc1 1s 10 undcnakc a major cfTon 10 bc.iu11fy 1hc Sou1h
Plane Rhcr Corridor wi1hin Arapahoe Coun ty nnd bring enhanced connl'CIIVII)' 10 1hc recrc.11ion
lrails nnd wildlife hobi1n 1 in 1hc region: and
IVl·ll:R EAS, rhe GOCO Appli cHtion was opprcwcd and a grn1111mnl111g ~.25 mill ion dollars
was awarded. ,ubject 10 the signing of A Legacy Project Granl Agrecmc111 b<:twcen 1he County.
as Pnn~,ry Applicolll and Gra111ce. and GOC'O j"GOCO Agra.-·mcm"): nnd
\VHF.REAS. as O condi1ion prcccdcnl to lhc CACCUIIOO of lhe G()C'{) Agrecmcnl nnd the
receipt of lhc l,'fllnl funds lhc Panncrs arc rtquircd 10 L"lllcr imo a Ponn,'l'S Agrccmc111 "hich sets
fonh how the Panncn. "111 work 1oge1her 10 administer 1hc ProJccl: and
WH EREAS, 1hr J>nnncrs J csrrc to c111 cr inm rhis Agreement ro scr li,nh rhcir duu cs and
responsib ilities ,~ 11h rcspc..-cl to 1hc ProJec 1 m nrdi.:r 1n ensure 1hc sm:ccs:r-of 1lu: Projec t nnd h'
focilirn rc rhc rnccrp l of the GOC-0 ~ram:
1'0\\'. 1111 Rl ·FORE. DE IT RESOI VH l llY I II~ C'll Y COUNCIi OI· 1111· CITY OI
ENGi E\\'OOP. l"OI ORA DO. Tl IA 1
Sec11on 1. I tus Ord11U1nce hereby appmpna1rs all necessary funds for 1hc nssocm1cd
nia1chinp eos1s for !OOR The nhliga1io11s <>1'1hc Panners shall nol corts1 11u1c n rnuhiplc-f,scol
year direc1 or ind orcct dch1 or other finnncm l oblrgm,on or nny obligo11011 poynblc rn uny fiscal
yt-a r bcyoud rhe fiscal ycnr for wh ic h funds nrc npprnprinred for 1h,· p11y111cn1 ol currcnl ycnr
expenditu re,. The Pnnncrs undcrs111nd nnd n~rcc 1h111 rhc Budge1 l'n1 rhc l'rojl-.:1 ma)' need to be
nttu:mfed fnrn111mc 10 111 1h..' rifler 111 11 opr,ort1 1n1I) flir ,l11'cuss1011 unw ng all arfcc t~d Pa nncr, N('I a111cndme111 II• the Oud~ct ,h.,11 he undcnal.-n unk'>s the af.reemcnt of all P.,nncrs "1,,"c Jin,111c1al «,mnhutmn "111 he ""-'r<:t-c.l '" rc:illoc3tc,I h, the amendment has bec,i ohta111<.'ll Scc11on 2. I he ln1ergovcn1mc111nl A1trccmc111 cnlillcd ")ou1h Pl:111c Greenway I cgacy l'rc>j ,-ct Partners A!!fcc,ncnt". n1111chcd hcrcu, n, .\11adm1c111 I. 1, hcrch) nccc-p1,'11 and ,,ppnl\c'll by lhe L·nl'le-n>Od l'ny Cou11< 'I S,'C11on l ·n,c ~layor nnd {'11y Clerk nre hcrcb)' nuthunzcd 11, si gn and nllcst s.1id
A~recmcnis for and on hchalf uf the Cit~ ,,f Engle\\1Xld. Colorado
Introduced. rend in full. and passed on lirst rc:,ding on the 21st dny of Jul•·. 2008.
Published au B,11 for an Ordinam,c 1111hcC11y'& nfficial OC\\>paptton cite 2s• day of July, 2008 .
Published ns n Bill for nn Ordinance on the City's offictal wcb,11e beginniug on the 23,·d dny of
July. 2008 for chiny (30) days
AliEST:
Jomes K. Woodward. Moynr
I oucrishia A Ellis. City Cieri.
I, Loucri~hi11 A. l.:ll is. City Clerk of the City of Engl,:wood. Colorado. hcrchy certify chm the
above nnd foregoing is n true copy of a ll111 for an Ordmnnce, 1111mduccd, rrnd in full. and passed on
first reading on the~ 1st day of July. 200R.
u,ucrishia A. I' Iii~
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<;OUTH PL ATTE GR EENWAY LEG AC\' PR OJ ECT -PA RTNERS AGRECMENT This South Plallc Greenway Legacy Project -Panners Agreement ("Agreement"), is made and entered into by :md between THE BOARD OF COUNTY COMMI SSIONERS OF THE COUNTY OF ARAPAH OE , a political subdivision of the Stale of Colorado (the ·'County~), the SOUT H SU BURBA N P ARK AND RECREAT ION DISTR ICT. a special
district organized under the laws of the Stale of Colorado ("SSPRD"). the <:ITY OF
LIITLETON, a municipality and political subdivision of the State of Colorado ("Littleton"), the
CJTY OF ENG LEWOOD , a municipality and political subdiVJsion of the State of Colorado
("Englewood"), GREENWOO D VILLAG E. a municipality and political subdivision of the
Slate of Colorado ("Greenwood"), CHERRY HILLS \'I LLAG E., a municipality and political
subdivision of the State of Colorado ("Cherry Hills"), the CIT\' OF SHERIDAN, a
municipality and political subdivision of the State of Colorado ("Sheridan"), the CITY OF
CENTENNIAL, a municipality and political subdivision of the State of Colorado ("Centennial),
the SOUTH METRO LAN D CONSERVANCY, a Colorado non-profit corporation ("SMLC"),
the SOUTH SUB URBAN PARKS FOUNDATION, a Colorado non-profit COJ'Jl')ration
("SSPF''), the COLORADO WATER CONSERVATION BOARD, an agency of !he State of
Colorado ("CWCB"), the URBAN DRAINAGE AND FLOOD CONTROL DISTRICT, a
special district organiz.ed under the laws of th.t State of Colorado (UDFCD") and THE T RUST
FOR PUBLtC LAND , a non-profit corporation ("TPL "). (The parties to !his Agreement will
sometimes herein be referred to individually as a "Plll'tller" or collectively as the "Partners.")
WHEREAS , tl1c County, on behalf of itself and the members of II coalition which is
known as the South Platte Working Group ("SPWG"), which coalition includes as members all
of the Partners herein, on or about August 28, 2007 submitted an Application to Great Outdoors
Colorado ('GOCO") for a grant for !he South Plane Greenway Legacy Project ("the Project");
WHEREAS, the purpose of the Project is to undenal-e o major effon to beautify tile
South Platte River Corridor within Arapahoe County and bring enhanced connectivity 10 the
recreation trails and wil dlife habitat in the regloa. as more full y described in the Application
submil!cd to GOCO;
WHEREAS, the Application to GOCO was approved and o grwil totaling 5.25 million
dollars was awarded, subjeci to the signing of a Legacy Project Grant Agreement between the
County, a~ Primary Applicant and Grantee, and OOCO (the "GOCO Agreement");
WHEREAS. as a condi tion precedeut to the execution of the GOCO Agreement and the
receipt of the grant funds the l'unners are re,~ired to enter into a P'1r!Dcrs Al!fCCment which sets
forth how the Panners will work together 10 administer the Project;
WHEREAS. th.: ,'anners desires to enter into :his Agreement to sci forth their duties and
responsibilities with respect lo the Project in order 10 eru:ure t .. ; metes~ of the Project and to
• facilitate the receipt oflhe GOCO grant.
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NO\V, TH EREPORE. 1he Panners hcl'cby agree ns foll ows: I. Gram Ad1111ni.srra1/on : The Panners understand and agree that pur~uam to 1he GOC'O Agreement. which is anticipated 10 be execu1ed after the execution of this Agreement , lhe County's Open Space Manager (currently Bob Toll ) shall be designa1cd as the agent on behalf of the J>urtners for purposes of overall administralion of the Project, and that the County may in turn employ TP L 10 assist with such administration. However, no1withstanding the foregoing, it is further understooo tha1 eac~ Panner shall be responsible for laking the lead on managing ard
executing ccrt.uin individual projects as idenlified in Section 4 below.
2. Work Plan/Timcline: Attached as Exhibil I to this Agreement is a Work Planrrimeline for
1he Project. The Panners agree to use !heir besl efforts to work together to accomplish the Work
Plan/fimelin~ within the timeframes stated therein . The Partners understand and agree that
based on subsequent developments, and after full opportunity for discussion between the affected
Partners, the Work Plan/Timeline may need to be amended from time to time.
3. SPWG· The Partners agree to continue lo use the SPWG as a forum to discuss the ongoing
implementation and administration of the Project.
4. Jmpleme111a1ion of Work Plan/Lead Partners: The Partners agree that each major component
of the Project shall have a Lead Partner or Partners who shall have primary responsibil ity for
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implementing and managing that component. The Lead Partners for the major compo.nen1s of •
the Project are as set fonh in the attached Exhibit 2. It is understood and agreed that the Partners
anticipate that for each major componen1 of the Project that a separate agreement may be en tered
into by and between the Partners involved in such component that will describe in greater detail
the Partners' individual responsibilities with respect to acquisition, funding, development,
mai ntenance and/or stewardship .
5. Funding: The Partners agree to contribute the match funds described in lhe Budget attached
as Exhibit 3 to this AgreemenL subject to annual appropriation by such Partners . The obligations
of the Partners shall not constitute a multiple-fiscal year direct or indirect debt or other financial
obligation or any obligation payable in any fiscal year beyond the fiscal year for which funds are
appropriated for the payment of current year expenditures. The Partners undcnr.and and agree
that the Budget for the Projecl may need lo be amended from time to time after full opportunity
for discussion among all affected Partners. No amendment to the Budget shaU be undertaken
unless the agreement of all Partners whose financial contribution will be increased or reallocated
hy the amendment hns heen nhrnined,
In regard to UDFCD only, the following additional conditions npply 10 its agreement to
contribule the match fund s described in Exhibit 3: a) the Project or portion thereof meets
UDFCD partic ipation requirements , b) the Project or portion thereof has been requested and
priorit ized for completion by the member local govcmmenl of UDFCD und c) sufficient funds
musi be available in UDFCD 's current budget for completion of the Project or portion thereof. •
• t>. ( nmplinnce ..-11/r GOCO Agrct'ment In 1mplementmg the Work Plan. ar,d ,n acquinng and managing propen.ics and projects that arc funded at least in part with OOCO funds, the Partners agree to co mpl) with all applicable obligations and requirements of the OOCO Agreement, includmg the u~e restriction and refund provisi ons . Ani• obligation of a Partner 10 comply with the use restri ction and refund provisions of the GOCO Agrcemenl shull survive the termination of this Agreemen1 with respect 10 uny property that is acquired by s~ch Purtner a1 least in pan using OOCO funds.
7. Term· This Agreement shall become effective upon lbe signature of all of the Panncrs and
shall remain in force until December 31, 20 I 0, or wuil the Project is completed, whichever is
later.
8. Termination: The Partners enter into th.is Agreement in a spirit of cooperation and
partnership. However, where a Partner 1s unable to continue to participate because its objectives
cannot continue to be met or because of a lack of funding, such Penner may cease its
participation by providing notice of termination at least sixty (60) days prior to the effective date.
Tennination by one or more Partners docs not terminate the Agreement as 10 the remaining
PaMcrs.
9. Funding of Stewardship, Operorlons and Maintenance: Unless provided otherwise in a
separate agreement governing a particular component of the Project, it shal l be the responsibility
of each Lead Partner to assume the necessary ongoing stewardship, operation and maintenance
• for their respecti\•e components of the Work Plan.
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I 0. Publicity. With respect to any component:s of the Project that involve •},e expendi!W'C of
County Open Space Sales and Use Tax dollars, the Partners agree to acknow!ed~~ tl:~ County as
a contributor to the Project in all publicatio.ns, news releases and other p,1bli city issJed b) the
Partners related 10 the Project. If any events are plaruied in regard to the Project, the County
shall be acknowledged as a .:ontributor in the invitation to such events . The Panners shall
cooperate with the County in preparing public :nformation pieces, providing photos of the
Project from time to time, and providing access to the Project for publicity purposes.
11. Signs : With respect to any components of the Project that involve the expenditure of County
Open Space Soles and Use Tax dollars, tbe Part11ers agree to erect and maintain al least one sign
in a publicly visible area in recognition of the donation trom the Arapahoe Cou nty Open Space
Program . The location, form, design. and wordi ng c,f ~uch sign shall be approved by the Cou:-ity
and the Panne r(s) with jurisdic1ion over ~ueh signoge. Such sign shall be erected prior to the
completion of the applicable component of the Project or its public opening. whichever is earlier.
12. Reporting Assistance and Record Keeping : At the requcs: of the County, the Partncrr will
provide such information and documems as reasonably may be requested for purpos,.s of
providing reports to GOCO or the Boord of County Commissioners. Further, the Partners shall
maintain a complete set of books and records documenting their use of GOCO funds and all
Project expend itures. The County or any of its duly authorized representatives shall have
reasonable access to any books, docwnents, papers, and records whic" are peninent to the
Project for the purpose of making an audit , examination, or excerpts. The l'artners shall keep all
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boo~~. documen1s. rapers. and r:.:ords. which arc pcnmem to lhe Prc~ect. for a minimum of li\'e years. 13. Third Parry Bcm'{iciarics: There arc~ no intended th ird party beneficiari es to this Agree;, "nt. Nothing in this Agreement shall give or allow a,,y claim or right of action whatsoever by ..ny lhird pany. including. but not limned to, an:• agents or conuactors oflhe Partners. 14, Srl'e rabiliry: Should any one or more provisions of lhis Agreement be de1cnnined 10 be
illegal or unenforceable, all olher provisions neverlheless shall remain effective; provid ed,
however. the Panners shall fo.thwith enter into good faith negotiations a.id proceed with due
diligence to draft a provision that ~11 achieve the original intent of the Partners hereunder.
I 5. Amendmems. This Agreement may be amended. modified, or changed, in whole or in part,
only by written agreement duly authorized and executed by the Partners.
16. Venue . Venue for the trial of any action arisi~g out of any dispute hereunder shall be in
Arapahoe County District Court. pursuant to the appropriate rules of civil procedure.
I 7. Applicable Law. This Agreement shall be construed and enforced in accordance with the
Jaws of the State of Colorado.
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18. utent o/ Agreement. This Agreement constitutes the entire agreement of the Partners. The
Partnen; agree that there have been no reine.entations made regardmg the subject matter bertol •
other than those , if nny, contained herein, that this Agreement constitutes the entire agreement of
the Panners with respect to the subject matter hereof, and further agree that the various promises
and covenants contained herein are mutually lll!fced upon and are in consideration of one
another.
19. Cmmrerparts. This Agreement may be executed in multiple counterparts, each of which wil l
be deemed to be an original and all of which taken together will constitute one and the same
agreement.
20. lnccrporotion of &hibits Unless otherwise stated in this Agreement, any exhibits,
appliuuions. resolutions, or other documents refe renced in this Agreement shall be incorpornted
by reference into this Agreement for all purposes.
21 'iignat11rt•.•. TI,e signatories to this Agreement represent that Ilic) art fully authorized to
execute this Agreem,:nt and bind their respective cnllties.
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IN WITNESS WHEREOF, lhe undersigned Prutner has executed lhis Agreement as of the dale set forth below. DATED this __ day of ______ __, 2008.
ATTEST:
By: ___ -::,---,-----
Cil}' Cieri<
cm'OF
By:. ________ _
Name
Tille
• £1~lbit I· \\t1rl. Pbin11•tlint Work Plantrimtlinc. ~ Prn)tcl Nur.,r De<<rlptlon R,spuns/blt Ptrl)' TorgtJ r.,,,..nlttlollDalt PROJECT GROUP I -LAND CONSERVATION A &so, propeny 7 JUt fee .,..-ch= Little1on 2009-2010 buffer and
enblncar>ents
Ste• ardsh1p1 Stewardship/Mainlenance SSPRD Annually
MaJnmOtC•
B Oxbow Property 2.8 acre purchas.e The Trust fcx Pubh. Closed 11Al7
Land
Slewardslrlpl SleW3rdship/Ma.intenance SSPRD AMually
J.lainl<Jltlllt!t
IC Soulh Plane I 0-20 acres fee purchase or Tl'L, SSPRD, 2010
riverfroni amcrvaticn uscment Sheridan, and
.\nln&hn, Countv
Slewcrdshlpl Stewardship/Maintenance SSPRD AMually
Mabdmmice
D LeeGulcb 5-acn, fee pun:hase Tl'L, S.<;PRD, 2009-2010
Littleton, SMLC
Stewardship/ Stewardsh'p/Mainlenanct SSPRD AMually
Maurto-• E CWCB 25-year CO!lStrvtllion Easemenl(s) CWCB.SSPRD 2010 --Stewardship/ StewardshiplMaintelllDte CWCB.SSPRD AMually
Uainlmonu
F Fire Training 1 .... ,. fee pun:hase or uail easement Littleton. Engle.vood :>('(': 1009
Cmler and The TNSI for
Public Land
Sl,wa,,b}up Slewlrdship/Maintenanct SS1-RD At oua!ly
Mainrenm,ct!
G MIIITI) 2-~ acte ptnhase aJoog Big Dry Crttl The Trust for Public 1~11)1.2010
Pronertv Land I
Sirwardslrip Stewvdship/Mamtenan« Llnlc1on. South Aru,~'ly
Mairtttna,'1Ct Suburban, EnRlewo<>d
l High Line Car.al !S-20 acte -ion ea.emem akw,. The: Trust for Pu~lic 2008-?')09
Conservation High Line Canal troil umd, G=wood
Eascmenl Villal!e
S,,wardslnp Conservn1ion Easement Monitorin~ I Sou1h Mcuo Land I \n1ually
Moinlcnant:~ Consc,rvancl
PROJECT GROUP II -RECREATION lMPROVEME)ITJ'S
J Superchi Trail and Wetland tt~. SSPRO 2008-2009
oarkin2 lot
SJ,ward./lipl Trail Maln1tnanct SSPRD R ·gular basis.
Marnl~ntll'Ja
K Oxfor~ bik: Trail wnstruc1ion and enhancement Engle-wood. 111' 20)8-2009 • patltlpedcstnltl funchng. ~hcridan
br«:ke
Stcu•ard'ih1p Trail Maintennnce SSPRD Regular Bas,s Alu11mma11rt L Danmou:h bikt Trail construc1ion aad enhoncemtnl Englewood. TIP 2008-20()Q path/pcdes1nun Funding brrdoc S,~dshipl Trail Maintenance Englewood Regular Basis Afa1111enana M Carson Na1ure Facil ny improvements SSPRD 2008-2(1()9 Cen1er
S1,wardsh1f>' racilny Mo,nten:incc SSPRD Regular Basis
Maintenance
N South Plane Trail construction end enhnnccrnent Sheridan Compkte.l 1/08
pedestrian
brid11.e
Stewardship/ Trail Maintenance SSPRD Regular Basis
Maintenanct
0 Big Dry Creek Trail and underpass lmprovemenlS South Suburtan 2008
trail• Brondwoy Foundati on, UDFCD,
connection En&Jewood, SSPRD,
Centennial
St,wardsh ipl Greenway Main1enance SSPRD Annuo\ly
MalntellDnt:t
p Big Dry Creel:· Trail consuuctioo and enhancement Greenwood Village, 2010 -
Clarkson 10 Arapahoe County,
High Line South Suburban
Foundation. IJDFCD
S/t'Wardship' Trail Maintenance Greenwood Village Regular Basis
Malntena11c1•
Q Big Dry Creek: Trail consuuctio., and enhancement SSPRD, Cen=ial 2008,2009
Centennial
Stewardship/ Trail Maintenan ce SSPRD Regulnr Basis
Maintenance
R Linlc Dry Signagc, trail construction and Englewood 2008-2009
Creek-Cushing tnhonccmcnt
Pork 10 Litde
Dn Crttl Plaza
Src•ward.1Mpl Maintenanrc Englewood Regulnr Basis
Ma111tenw1cr
s LinlcDry L111le Dry Creek 1111il consnuction and Greenwood Village 2009
Creek-enhancement and Cherry Hills
Belleview VIi iage
UnJercrossin•
Strwardshipl Trail Maintcnanu Cheny Hills Village, Regular Basi,
A{ainrenance Greenwood Vllla2e
T BcarCrtektrail Bridge conswc.tion aod trail SSPRD. Shrndan 2008
enhancement
Steward.<hlpl Tm \l Maintcnn11cc SSPRD Rcgulnr Basis
Mamtenance
• Ex hib it 2 -Lead Part ners Pro jec t Gron[! I -Land Co nsen•ation Pro ject Lea d Pa rtner Ai:e nrl' A. l:.ns11r property buffer and enhancements Li1tle1on B. Cxhow We1lands (projec1 c!'mp leted -2007) South Suburban Park Rec DisL
C. South Plottc Riverfront Trus1 for Public Land
n. lee Gulch acquisition Trus1 for Publ ic Land
E. CWCB Propert ies easements Colorado Water Conser,,. Board
F. Fi re Training Center -buffer / trail Littleton
G. Murray Property acquisition Trust for Publ ic Land
I. High Line Cana l Conservatio n Easement Trust for Public Land
• Pro iecl Gro up IT -Rec reation lm[!rovements
J. Superchi trail, wetland, parking. enhancements South Suburban PRD
K. Oxf >rd bike path/pedestrian bridge Englrwood
L. Dart mouth bike path/pedestrian bridge Englewood
M. Carson Nature Center facility improvements South Subur ban PRD
N. South Platte Pedestrian hridge Sheridan
0 . Big Dry Creek trail -Broadway connection South Suburban Foundation
p Big Dry Creek trail -Clarkson 10 High Lme Greenwood Village
Q. Big Dry Creek trai l -Centennial South Suburban PRD
R. Li ttle Dry Crk trail -Cushing Pl. to LDCk Plaza Englewood
• S. Little Dry Creek trail -Belleview undercrossing Greenwood Village
T. Bear Creek trail pedestrian bridge South Suburban PRD
Exhibit Z -Lead Partner Praiecr Group I -Land onse n •atin n Prnkct A Ensor propeny bulTer and enhancements B. Oxbow Wetlands (project comple1t:d -200 7)
C. Soutlr Plane Riverfront
D. Lee Gulch acquisition
E. CWCB Properties easeme nts
F. Fire Training Center -buffer / trail
G. Murray Property acq11isition
I. High Line Canal Conservation Easeme nt
Project Group n -Recreation Improvements
J. Superchi trail, wetJand , parking . enhance ments
K. Oxford bike palh/pedestrian bridge
L. Danmouth bike path/pedestrian bridge
M. Cars n Norure Center facility improvements
N outh Jllaue Pedestrian bridge
Lead Partn er Agency Lillleton South Suburban Park Rec Dist
Trust for Public Land
Tru t for Publ ic Land
Co lorado Wate r Con erv . Board
Littleto
Tr ,1st for Public Land
Trust fo r Pub lic Land
South Suburban •·w
Englewood
1-nglewood
vUth Suburban PRO
Sheridan
0 . Big Dry Creek truil -Broadway conne tion oulh Suburban Founda ti on
/'. Uig Ory reek tmil Clarkson lo l li gh Line Greenwood Village
. Big Dry 'reel.. trail -Centennial outh Suburban PRO
R. Little Dry Crk trail -ushin g Pk to LDC k Plaza Eng lewood
. Little Dry Creek trail -Belle vi1:w u. Jcrcrussi ng Greenwood Village
T. Bear reek trail pcde~trian bridge
South Suburban PRO
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EXHIBIT 3 PROJECT 8UDGET s..tJ, n.u. cnn-•y we;acJ' icoco -...... loom-'--, ~ ........ ...... = ... -... I
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OROINA 'I:; 0 . lRIFS OF 100 . UY Aln-llORllY COL't-:l'IL llll I NO r I, 1 RODUCI I> B\' l'OU 'nl ME\IBEII . ICC,\ I I ' TITLL 16. CIIAPTERS 2. 3. 5. 6 .. 9 A D 11. OF TII[ IFllD
DEVELOPME :TC DEOFTHFEN ,LEWOODMU ICIPALCODE1000.PERTAINI GTO
TIIEMINT\IUMLOTI IDTHFORlWOORMOREATTACHED 'ITSO A I GLE
PROP Rn' ATTl\"EN'J'Y.FfVE FEET(25') PER UNIT.
WHEREAS, public concerns 11crc mi ed and discus ions rcsuhcd in a 200-1 change m 1hc Unified
D~vclopmen1 Code 10 Sl1 lhc minimum lot wid1h for 1wo or more anached uni1s on a single propcny m
lhiny feet (30') per 11ni1 : and
WIIEREAS, cenai n drawbacks 10 the th1n y fce1 (30°) per unil rcquiremen l were identified and
reviewed and 1he PIMning nnd Zoning Commission recommended a change back 10 twcmy-five feet
(25') per uni1 wilh cennin conditions: and
WHER ·AS, 1hc changes clarify and simplify lhc defini tions of Rcsi<1c11111,I use lypcs;
NOW, TH ~REFORE , BE I I' ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENOLEWOOr>, C L RADO , AS FOLLOWS:
~ 1 he ny Council of the ity of lngle11 ood. Colorado hereby authorizes amending Tnle
16, Chapter 2. S:-..1ion 17, ubsecti on D. Paragraph (2), !lflhc EnglC11ood Municipal Code 2000 to l'C3d as follows ;
16-2-17: dm hrl l r■liH dju5t mtol .
2. ope nf Auahc>nt)·-AIJ AdJustmaus Except Reasonable Aecommoda11on Under FFI IA An
pphcattnn for 011 dm1n1stmll\c AdJuslmcn1 1ha1 is noc related 10 a roquesa for "rea;onable
onu"IClda 11011" under the Federal Fair llnusm~ Act may request only the follo11ml! 1ypc or 3dJu 11<1en1
II b I
:1. Sult· m· Rl'ar s,,,Jun h Ad1ui;;1mcn1, to nny side or re:ir scth!\d, ,urndurd nui~ he pcn n111cd ,t.._ ~~ . TABLE INSFT: -. ---··--TABLE 16-2-17.1: PERMmEDADJUSTMENTS I() SIDE OR REAR SEl BACKS . Required Setback Pernuned Maximum AdjU$tmcn1
3 feel
sr~
Hect
20 rce1
6 inches
l r"°'
I fool
2 rec,
b. Pr/11d1wl Dwo!lli11g U11il Expo11sio11: Adjusuncn1s may be penniued 10 1he fronl nnd/or side
sctbJck slandards for one-uni I~ residential dwellings •o ,'.t,. ,. expansion of lhe
principal dwelling's habi1able space 10 ma1ch an existing fron1 sctba• k encroachmen1 as
fo llows:
(I) The fronl and/or side sctb:lck cncroachmenl exisied on 1h~ r«w'•,e dale of lhis Tille.
(2) n,c linear fronlagc of 1he focndc of lhe expnnsion shall be t~s •han or equal 10 !he linear
frontage of the ponion or lhc dwelling tha1 already cncroachw in10 1he setback. (Sec
Figure 16-2(1): C mUSI be less than or equal 10 B.)
(3) n,e addi1ion or expansion shall n01 cx1end beyond 1he front and/or side building line of
1he principal dwcUing (no1 beyond 1he leading edge or the ex1S1ing cncroachmen1.)
I lowevcr, no addilion or cxpan,io n may encroach more 1han five fce1 (5') inlo the
required from setback. (Seo Figure 16-2(1): A may not br greater 1hon five feet (5 ').
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Figure /6-2(/) Principal Dwellinc. I i i i i Front Yard Setback B I
I New : C
I --------------t---------·J
A
Front Yard Setback
c. Existing Fr11111 Porch · Adjus1mcn1s may be pennincd 10 cxis1ing, unenclosed. covered front
pc,rchcs thnt encroach mto 1he front sc1barl., :ubiect to compliance with the following
condi1ions :
(I) The porch encroa~hed i1110 the from setba,:k. prior 10 the effective daie of tltis Tille.
(2) The adjustmcn1 shall not increase the cxisung encroachment into the front setback: and
(3) The porch shall 110L be c11dosed
d. Oj/-StN!~t Parking: Adjustments often percent (10%) or less of1hc mmimum number of
required off-street parking spaces. as set forth in Section 16-6-4 EMC, cxccpl such adjus1mcn1
1s noc a,-a1lable for one~uni, or •• e Yf\il it • ellit1gs us ~ owUi·uoit uses GPP'QI~ l»'O dwe1hns ~.
~. The City Council of the Cit, of Englewood. Colomd(I hereby authorizes amendin/1 Title I 6.
Chapter 3, Section 2, Subsection B, of the En~lcwood Municipal Code 2000 to rend as follows·
16-3: ZONE DISTRICTS.
16-.l-2: District Charo rtcrlsrks
B Mlrcd-(1,., Com11w1·,wl Dis1rtc1.,. The uses 111 1hcse districts are prnnarily commcmnl 111 na1urc. (md th e
rcsidemial development is inc(lrporated i1110 t he retail bu.S1ncsscs, such as first floor retail. second floor
residential Ont:-umt del&eheil dwellings arc 001 permntcd m these di5tricts
MU-B-1: Ml~cJ-Use Central Business D1stnc1. ·1 his d1s1nct 1s a ntixcJ-usc district 1ha1 is upphcd to
the central busmess sccuon of Englewood The d1stne1 1s designed 10 create an environmt'Tlt hav11111
uman charactcris1ics within a relatively small area of land through the close proximity of nc1ivi11cs
nnd in~rcascd soci al and cuhural opponunnics. The uses within this district arc those that pro1ide
rcrn,hng and personal services to residents of the City and the surroundmg area. and arc compa1ibl•
"nh adJaccnt Jevelopmcm . In order 10 make 1hc cemml busrncss d1stric1 viable 1wcn1y-four (24)
hnur.1 a day , ond no1 ;u>1 dunnl! 1hc: trnd1t1011nl busme s hour.. medium and h11th-<kn>1I) rcs1dcn11al unn . arc pennmcd 2. 1 -B-~: M1 .,cd•U c Aner1aJ Bu tness D,s1nct . This d1s1nct I composed of c:enatn I nd and 1ructurcs u. cd prin~1nl) 10 pm,1dc retailing and personal ·m1ccs 10 1hc ,..,,1dcn1 of lhc Ci1y and . urroundmjl area and urban r 1dc1111al uses The t -8-2 d1s1ric1 1s usually loca1cd on mainr ace rou1cs and i easily ace 1blc from 1hc urrnundmg residcn11al asea \\hich 11 5C!Vcs J . T A Transit S1n11on Arca This dlSlnct 1s a 1111xcd -use dtstnct mtcnded 10 ensure a d1\'c:rsc 1111 or U5CS 1111hm con,cn1ct11 walkmg d1sumcc 10 Regional Transponauon Oistnct (RTD) hgh1 rail 1a11ons in the City of Englt11ood The district encourages appropnatc residential dc,clopmen1
paucrns ,1 nh uffic1cn1 dfflS!I)' 10 suppon transit use and neighborhoods for rc<iden1s. well as
commcmal retail u cs 10 scrve the hopping and service needs of district rC11idcn1s. employees, 411d
commulers
~-The Cuy Council or the Ci1y of Eng lewood, Colorado hereby authorizes lllllcndi ng Ti lle
16, Ch:i111cr S, Scc1 ion I, Subscc1 ion I (C), "Table or Al lowed Uses". of 1he Englewood Municipal Code
2000 (S11h.rec1/o,u I, Paragraphs (A/ nnd (8) remai n 1111 changed) 10 read as fo ll ows :
I Remaind er of Pa ge Intentional!,• left blankl
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• 16-5-1: Table of A llowed Uses: C. Table of Al/o.,·ed Uses. TABLE INSET· TAlH.El~S-1.1: TAln.EOF ALLOWI!D USES • ---P = PERMITTED USEC-CONOmONAL USE A • ACCESSORY USE T = TEMPORARY USE L• LIMITED USE C-A = ACCESSORY USF. APPROVCD CONDmONALLY L-A • ACCESSORY USE APPROVED WITH LIMITED USF PROCEDURE Residential -'Nmi=idcnlial Addittonal Use Catego,y Use Type R R R R R MU MU MU YU T Regulation
I I I 2 2 R R B B s I I s
A B C A R 3 3 I 2 A 1 2
A 8
RESIDENTIAL USES
Group lhing 16-5-2.A.I facility. C C p p
l arge/special
G roup Livin~ Grou p living p p p p p p p p p p 16-5-2.A.I
facility. small
S mall t re ■tmtot C C cente.r
p p 16-5-2.A.I
Household Living Live/work p I' L L I 6-5-2.;\.2
dwelling
M.a oufoccvrtd p 16-5-2.A..J
bom• park
Multf..u n ll p p p p p p 16-5-2.AA
dwelling ~l.C.!t
81111 ■11i4 alt■tlled
~
,. IL IL IL IL IL
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One,..unit~ p p p p p p p 16-5-2.A.S d"•lling O n e-unit~ p p p p p dwdling on a •mall p p lol :i:. e IHlita•·e llilog jt jt IL IL Jt-"~~·, PlfBLIC/JNSTITlJTIONAL llSES Animal S h•ltcr Not-for -profit p I' animal s h <ll<r Em ergen cy Housing sbclltr, C C Temporary Sh•lt,r food s hdt<r
All oth•r buildings I
Governme nt and C ity and facil.itics not r p p p p p p p specified uodtr the p p p p
Publlcllonhuliona
I Usts cate-2ory
Library Public p p p
Museum/C ultural All u,es p p p p p
AIJllcrlo fi eld C C C C C C C C p p
Park and Open S pue Communit, C C C C C C C C
gard en
Park p p p p p p p p p p p p
R eli~lous Assembly
Re li glous
i nstitutions and
p p p p p p p L L L L L
asso~lated
ac casorv usn School Edu cation p p p p p p p p p C i.m titutior. AJtc rnative toq;'e r p p p p p p p p p p p p Tel«ommuukalioo structure ---F a cility (S,e Chapter A ntc no• 16-7. (m icrowave p p p p r p p p .. T~l.t!co mMun icotion..v, aott noa. s«t o rln d p p p p "f or applicable use• pan t l antto11a. rdatu g u itk/lne,; ,,,.d w hip ft.D:te:ana ) standards) C C C C C C p p
Towtr stro«utt C C C C
RTD mainte na nce p p Trans portatio n facility
F a cility
T ransit center p
M a j o r u!lliry p p 16-S-
Utility Facility (not fa<lliry 2.8 .1
including
Ttltt0mmun1cation Mino r u tility fa<i lil)• C C C C C C C C C C C facility) (■s a principal u s• of C
land)
COl\f.MER C IAL USES
Adult Ust All types as defined p p 16-S..
i n Cbapltr 16-11 2.C.1
G r een house/n urser y
Agr k ultural Use • raising of p lJl.n u, p p 16-S-
flowers. or nursery 2.C.2
st ock
Animal Sales and A n ima l s h•l t er p !'
S,rvice
Kenad/da)' cue L p p Pet stor e (lh·e 'p anim ■J s■le) p p p S mall animal L p p p ,·eteriaary hospital C or cliD k Assembly ball o r auditorium, ball p p rental for meetings: C p p A,sembly o r social occa.s:ioo.5 Membership
or ganization p p C p p
(ududlog adull
use)
Oepeadut can
Dependent Care centcr()ess tb■n 14-C C C C C p p p p
C l ~S-
ho ur care, any age) 2.C.7
A museme nt C C
establishment C C C
Physical Illness p p p p p
Entert:a inment/ <<Di er/spa
Amusem e nt:
Indoor Theater and
perfonnan<elconcer p p p p
t venue. not p
lotludini adult
c-ott:rt■inment
Eotertai.nmeoll Gencnl outdoor C C C
Amusement:
Outdoor r«reation
Financial -· n n -
·~
f•cilily Flnan<lal tnstltullon, with drlve-tbrou p.h L p p Institution scrvict Flnandal lu1tltu1lon. without drive-p p p p p tb, ough servlc• IJrewpu b p p p p p p p p C a ltr tr
Mkrobrewu·y I'
p p
Food and !ffvcrag• R •naun1nt. bar,
Servic~ tav•m w llbor p p p p p
without o utdoor
o pc n1tions
R estaur•at. with
drive-through
L p p
service
Tak,out a nd r p
dclJvuyonly
Clink
p p p p p
ll c■lt h treatmHI p p p
Medlcal/Sdtntifk facility
I, d tt p
Ho,piral
p p p
Labon1tory(dtntal, p p
m edkal or optical)
p p p p
Offi<e.~ I p p p p p O ffico (&eDt'ral) Office. type 2 p p p p p p p 16-5-(limil~) l .C.R Cremato rium C Dry dean••· drop-p p o ff site only p p p lnJ lructlooal p p p p service
Man a ge tbe.rapy
p p p p p
M ortuary
p
Retail Sales a nd
Servi« P•~onol car e
r p p p p
(Porsonal Service )
Service:
photography m1djo
and photo lab.
p p p p p
upholstery, p rinter,
locksmilb, tailo r
Ta ltoo and body-p p
;>ierc.i ng
est•blishment
T omporary C C 16-5-
employmt nt 2.C.11
business
Retail S ales and Equipment r enta l
L.. p p
Servic• (Repur and
R enta l) Repair s hop (not p p p p p
including a uto)
Aodque s lore p p p p p Ar1 ,talltry p p p p p Auction house p p p Buy-back s hop, p p p s~od band, tbrifl, consignment Con vtniencc 11orc p p p p
Grocery/specially p p
rooc1 Jlon,
p p p
l ottrn<t Salos p p p
Retail Sal es ~nd Location
Senict (Sales) Liquor store
p p p p p
p p p l(>-5-
Pawnbroker l..C.10
For
TSA.
p if <-
20,000
s q . ft_,
Rttail sales, general p p P/C p p C if>
me rchandise 20,000
sq . ft.
o r
gross
leas-
able
noor
area Tnde or ba ineJ p p p p 16-5-Stbool <bool l . • 12 Radio/tel ion tudio bro ■d c:a<tl n& m,dlo, p p p recordiJ!~film studio Vdlkle ■nd utomobile p p p 16-5-Equipm.,,ol p ■wnbrol< r 2 . • 10 uromotive s ■I L p p 16-5-
ren ral 2.C.J
utomotive •rvk•
and repair. p p
lncludin,c bod or
fendn work
Automotive ervfcc
■nd r•p■lr, DO I L p p 16-5-
including body or l . • 4
fender work
ulomotln service L p p station (g■sollne 16-5-
r■c:ilityl 2. .s
16-5-
a.r wa b-. •uto L L L 2. .6;
detlliling 16-5-
2 . • 4
ommer-ci ■I s torage p p 16-5-or operable ,·ehld l . .3
-. n n
Par king raciliry, structure (opcnbl • C C L L C p p 16-5-vebicl,s),prindpal 2.C.J use Parking ares, 16-5-sunact(opcnhl• C C L L C p p 2.C.9; Vth iclcs).principal lf>-5-use 2.C.J Rec reation.a.I L p p H hicl,s and boats. saln or rtntal
Bed and b r takfut p
Visitor
A<'commodation Hotel
p p
W bol ,solc Sales and p p
dlstnl>urion
MANUFACTURING/INDUSTRIAL USES
16-5-
Industrial service. C p p 2.0.J
liitht (TSA
I n d us, ...-rvice only)
Industrial st.nice, p
bt.avy --16-5-
Ma nuflctu ring, Manuf•C"f'U ring, p p 2.D.4
Including lig ht C (TSA
Process in g. o nly)
fabricatio n . o r
As1tmbly l\taou:fac.turing, p
buvy
W art.bow t/Stong• . .
Minl-sror•g• L p f11dlily Movtog and slo rag• L p Outdoor srorai:• L p S t ora,:• y ard for vtblcle., NjulpmHt. I . p 16-5-matt-rl■I. and/or 2.0 .6 s upplltt
WarebouJing •-"dlor L p
••o,..ge
A u10111obll e C' p Waste/SaJvaxe ,. reckln,u salvage lb-5-
yard 2.D.I
C ommcrcbl C
ioclnenlor
Hazardous .,.uh• C C 16-5-
h ■ndllog 2.0 .2
k •cyclln,i o~radon,
■U proceuh»R occun p p 16-5-
wilhia eat'fo.u·d 2.0 .5
srrurlure
Rocyc llng operation,
some o r 111 16-5-proceu lng ottun C C
outside ■n endosed 2.0.S
stnrcture
S1nn11ry ,ervice i C
Parking faclllty, structure (operablt C C L L C p p 16-5-veblcles),p rind pal 2.C-1 u se Parking 1rea1 16-5-s urface(operable C C L L C p p 2.C.9: vrhkles),prind pal 16-5-u .. 2.C.J Recreational L p p vehicles and boats. s•les or rental
Btd and b r eakfast p
Visitor
Accommodation R ol d
p p
Wholesa le Salts and p p
di51.,outio n
MANUFACTURINC/CNDUSTRIAL USES
16-5-
lndu51rial ••rvice. C
p p 2.D.3
Indus trial Se.rvice
light (TSA
only)
Industrial service. p
be.a vy
16-5-
1111oufacturi.Dg, Manufac-turing. C
p p ?.DA
l nclu"ing light (TSA
Processing, only)
Fabrication. ~r
Assembly M.anufacturing, p
heavy
Wartbowe/Storage -. .
1iai-stor11g• l L p faclllty Mo•ia,: and tor11&• L p Ovtdoor Jt "'I• L p t~n,ge yard for ,•oblda, equlpmont. L p 16-5-material, aad/or 2.0.6 sappll
V ar•bou i11g aad/or L p
ton,go --· utome bil• C p 16-~ Wasto/S1lng• wrttkl alv ■g•
yard 2.0.1
C omm rd ■I C
lncintrator
Hnardou wa te C 16-5-
l,aadlln~ 2.0 .2
Rttycllnic OP"ratlon,
all proceuing occur p p 16-5-
witbi., endosl"d 2.0.S
slTUctur•
R ecycling opon,rlon,
<0mt or all C 16-S-proc Ing occu rs 2.0 .S out Ide an •nclo •d
tnlcturt
■altar)' " .. C
Waste trans fer C C statioo(nol including hazardous wa5t~j ACCESSORY USES -S« Stttion 16-5-4 for additional rqulalions Adult dependent C-A A A A .\ A care A Home C are Family c hild cue C-A A A A A A Accessory Uses bom• A /Accessory to Principal On~Unjf C-Dwelling Uses lnfaal/toddler home A A A A A A A
Only)
Luge chit,! car e 1,-L-L-1,-
bom ,;. A A A A
Otbu Accessory Caretaker*! 4u1r1e.r A A A A
Uses
Dormit ory A A A
Dome oc:cup1tion A A A A A A A 16-S-
4.CI
Mmor ,•lillty fadlity 1,-·~ L-L-L-1,-L-L-L-1,-1,-L-16-S-(u acce .. o ry use of A A A A ;. A A A A A A A 2.B.I land)
Parking area A A A A A A A A 16-S-
(surface) 4.C.2
Parking garage A
Satellli• dlib A A A A A A A A A A A A 16-S-
a.oteona 4.C.3
Service units o r A A 16-S-faciUty 4.C.4 Swimming pool A A A A A A A A A A A A 16-S-4.C.5 TEMPORARY USES· Stt Sttlion 16-S-S fur a dditional r rgulat;oM C•rwuh T T TIT T T T T T T T T Expa.nsion or T T T T T roplac<-m ent of T T T T T T uistiJlg fadlities
Farmers ma.rket
T T T T T
Food Vendor Carts T T T T T
Mobile stonge (with ,. T T T T o r without building T T T T T T T
~rmil)
Real estate sales or T T T T T T T T T T T
[using office (aho T
model home$)
O u tdoor Sales (e.g~
14'nt sales. parking
lo t ,ales~ stasona.l
sales, windshield
T T T T T
repair. s■le, from
rt taU "·mdor c:a rts ..
elc.)
S ~•ial event (c.g~ T T T T T carnival . bazaar,
T T T T T T T
fair)
Tents, canopies T T T T T T T TIT T T T
USES OT MENTIONED ee 16--5-1 .8 for procedures and crftma for approving unlisted uses. including unlirted a<tessory and temponry us . •
~ I l,c Cu) c,,,111c1l ,,1 lhc l'il) ,,1 I 11glc" ,,od. l ·1•lornd(I hcrd1y au1 lwr11c, 1hc mncnJinl! I 11lc lo. Chap1er 5. S.:c11011 ~. "IJ,e Sr<'\:1lk SIJndanl-". Sub,,,·111•1 •\ "Re"dcnual L,e," f.\11 d11111/!,, ,,,.. 11111d, ,,, S11fon1r1111 ,l Pmo{.!ropl, f/J Rt'\ldcmwl {1,L·., ", Srrh"~'t'/11111 A Pan,~rt1J1h t!) "LnY Wor~ Do.-llmc, ·· nr • Subw,:11011 .-I, A11,rt.:1,11·I, t3J .\lcmuf,.h mn. cl I/mu, 11"1,. ,, m,111, rmtlum,t!n/] of tlu: l:ngh:w,)Od M1mu:1pal C1~lc 20ll1l 1n read n, Collow, 11,-5-2: Use-S pe<ific Standard,. A . Re~ldentlal l sts. 4 Multi-Un,i O,,dlmg. The come,·""" of nry cx1s1mg ,h,clhng HI 1wo (2) Cir more dwelling uni1s. if
~nni11cd in 1h1< Title. must l>e so camt'd .JUI 1h:11 separa1c kuchen and bt:h fac:1h11cs are supplied for
each dwelling un11 .
5. One-Unit ~Dwell mg. The conversion of any cxisung dwelling 10 1wo (2) or mored" clhng
um1s. ifpcrrmllcd ,n this Tille. must be so carried out 1ha1 scparole kilchen and bmh focili1ics. nnd
scparale se\\er. waler and u1ili1ies arc supplied for each dwelling um1 .
6, Twe Yt111 E>Y·elliag. The •ell"l!ll;IOR JF•R) eKistiAg dwelling 10 w·e !Jl er maFe d ··•lling uAils. ,r
~eA"111eil in !his Tille. !Mllol be 68 O&fflt!d eYI Iha! s opllral• ~i1ehe11 &lld h01~ t<ie1liliM &Ad &e~affll@
&1••· •• .. ·••• ""d •ti•iues &A! su~~li•d ler eeah d•Nlling YAII .
~ The City Council of the Ci1y of Engl•woo~. Colorado hereby aul11orizcs the ameilding Tille 16.
Chapter 6. Section I. "Dimensional Requirnncnls" of the Englewood Municipal Code 2000 and the enac1mcn1
or 1hc new provisions 10 read as fol lows:
16-6-1: Dim ensiona l Requiremen ts.
B. S11m111u,y Ta hie uf Di1111•ru/011a/ Requlrim,~nts for Prindf1<1/ Uu.• 011d Stn1chirc<. All principal struc1urcs
and uses shall be subjcc, 10 the in1ensi1; and dimensional standards set fonh in 1hc following Table 16.{).
1.1. These standards may be funhcr limited by other apphcablc S(.'Cl1011s or this Title. Additional
rcgulmions for the midenrinl districls. and special dimcn!ioual regula1ions rcla10'<1 10 IOI area. setbacks.
height, and floor area are set fonh in 1he subsections i,nmedin1dy followinij 1hc 1ahlc. Rules of
111easurc1ncn1 arc sci ronh in subsection 16-6-1 .A EMC Dimensional rcquirC111C11ls for ac.:cssory
structures arc sci fon h m subsection 16.{>-1 I EMC.
TABLE INSET:
TABLE 16-6-1.1 : SUMMARY OF DIMENSIONAL REQUIREMENTS FOR PRINCIPAL
STRUCTURES
!Mia Minimum 8edNicb = Min (ft)
Min Maxl.M 1 1Lac 'Max 1M ~r: Ara ·Coverage Widt Hei .. Each !%) h (ft) (sq ft) ~ (ft) Fron Side Ra
•Ml'IX 1 1(1)& r
FAil (2)
R-1-A Di srrlet !Se e o\d~illBHBI R.egwle1ia11!i i:ell•" iHg Ike Tokle}
•
•
On e-Unit ~ 9tlffltNI 9,000 35 75 32 25 7 20 D11elliog l::!im~ Ont'-Uni t ~ 6,000 ~ 40 so 32 25 s 20 D\\ellln g on • 141 ~ Sma ll Lot Iii AIIOtherM&eipal 24,000 Alli'~ Nooe 35 200 ~2 25 25 15
Uses
R-1-B OiS1riet !See ,-ddillea1I Reewl allees Fell e~•lae the :i:ahl el
Onl'-Unlt -1,00Q... ~ 7,200 40 60 32 25 5 20
Dwe lling ~
Ont'-Uo lt
~ 6,000 669-
40 so 32 25 5 20 DwelllJlg on • 141 ~
Small Lot Lil
AII Otbe rl2FiltfilNII
24,000 ~ None 40 200 32 1S 2S 25
Uses
R-1--C Dist rict !Se. .... ,1,1 .. al R•c•lalleH Fell 1~l11c the :i:11Jlej
Onl'-U Dit 85G-~ 6,000 l:wDG 40 so 32 1S 5 20
Dwelling
Oot'-Un.il
Dt4MW 4,500 ~ 35 37 25 20 Owellln gon a 141 ~ 32 3
Small Lot Lil
All Other l2FiltfilNII 24,000 on• 40 20 32 25 25 25 AllalwL Uses
R-2-A l)J<trkl ,s,, ~~dill1111I B£K11l11i1uH f11l l~~iu1• 1bs ~I 1b l1:1 Ont-Unil ~ 40 In 25 20 ~ 6.000 so ~ Dwelllni: -~ D»cmoz oo, :£.WW ~ J.s ;l!I Jl ~ J ~ 51HIII I ,SIi 151
+w&-Yttk~ t,,000-~ 44-@-». ~ ~ ,Ml-
~
Neltl·lJeil ~D~t lling ~ ~~
(He men tlloe l ~ 3,000 ptr HltK-40 ptr 32 25 5 20
unll unit Melimum 2 f:jJlW: 1.:1.l units)
~ M-~ ~ ,lO-~ 4,000--~ 40-;I-
D ·elll•t e1 • ~ -. .
All Other llfftltj4lff 24,000 60 32 25 2!\ 25
Allam Um
None 200
R.2 .. 0 District {S££ A~1UllsH11I Bsaul1Us11n Eallfin~·iuK I~£ T1hl£l
Ont-Unit MO-40 32 25 20 9etMIN4 6.000 so s
Dwtlllng ~
~
1!~£llhu: gg I iJlllll !:iw ~ :Ill .u ~ J 411
S1111II I di& l51
~ ~ ~llfli4-~ @-»-~ ~ ,lO-~
~ ~ ~~ ~ ~lt!IK-40-~ ~ &-~
9-lllttt-IHli4-IHli4-
~
DMeeltetl 4MII-~ M, 40-»-~ ;I-~ D•.ellllK OB I
~
l\fultl-Unll l,IJhlue,1 1111/a, ~~
Mffflle4 3,000 ptr I RA Hill ,SO ()() per 32 25 20
Dwelllna unll l RA Hill ;so unit 5
W11h1111w l!uiH a BAHIII 960 w
ll&wl ~ ,u1 I ,u rlt£1 i ~ 1-sil ~l'idlbl 119 per uit tlalll: All Other Jlel'IB+lfM 24,000 None 60 200 32 25 25 25 ~Usu MU-R-3-A District ,s" 6ddiU11111I B£&11l11ig111 Eullg~•iua lb£ I1bl£l One-Unit m-40 32 2:5 20 ~ 6,000 so s
Dwelling !:!au
~
lbl,llhu:u111 ~ !:!au ~ ~ ;u ~ .1 ~
5111111 I 1SU l~I
~ ~ Dw.ilittc ~"'"'" 40-"'-~ ;6-6-~
~ ~ ~ MMeW ~ffff-40-~ ,1,5-6-~
Dw.ilittc "'"'" IHM4-
~
IHfHIM4 4,o(I@-6'0-~ D1 1llia1aa1 4G--~ ~ ~ ~
!i■•llb11
Multi -Unit l>Alele■~• H IIJe,
~ I BRHll1 66Q
Dwelling a BA1111i11 ~AQ ~~
CNeJtroum 3,000 per 3 BA M ■ih KQ 60 ~r 32 25 s 25
unit l>fflHHl4!l unit I IIIIU ll1Hd ~ w Sl1 I.al 6,H Ii +14-pe,Hil-
1181 Wdl~l !:!au
Private Off-Street 12,000 None 70
Parking Lois
None n/a 25 IS IS
Ahe■M• 1-,~, 1.5
Offi ce, Limll ed 15,000 (Excluding lhe gros~ so None 32 25 IS 25
floor area of parking
stl'llctures)
All Other
~ 60 32 25 25 25
~ 24,000 None 200
Uses
M U-R-3-ll Oi!it rict (Str .\dditlonnl Rrj!ulations Follo"inl( thr Tahir) Ont-Unit ~ ~ 6,000 40 50 32 IS s 20 Dwe lling ~ ~ lhH~II hu: SHI ;IJllUl iSaw: ,lS ;W ll 1!i ,1 ~ I
~
~
~ ~ ~ -IO-60--~ #-6-~ 9-lllttt-
~ ~
~ ~,ggg per wolt 8~0 per welt -IO-pet< ~ #-6-~
9-lllec-"'4-
Qee...Yell
~
Qu·olli11ie ■ 4,41414-6§41--~ ~ ~ #-.l-~
1 S .111111 bet
.
l\tulti-Uolt ~ ~ -1-,L-4 uniis: _.,,.. t1-4 t,-4
Dwelling 3,000 per unit; 1 RA w&lu ~~o unit~: units: 5
W11i11unu E1c b 1ddition1I J RA Hill 7~0 75 Noor 32 15 More 25
unit o,·tr 4 units: d BR w.ito 960 Mor e than 4 UnU, Dettd 1,000 per unit t..,l!-Ml4#ieMI than 4 units:
IHI I 1UI A tH 141 lmt--l-+0--units: IS i.l.lll ~ 60
~
~
i;;t..R+l.5
Office, 24,000 (Excluding the 7S None 60 15 IS Ill 2S
Limited gr os~ floor area
of puking
s tructures)
All Other
~ 24,000 ;5 None 15 25
Allwll 141 None 60 IS
Uses
1\1 -D-1 llimicl ,s,, "~1li11,u11I u,1:ul11i1111s ~g llQ~ hu: lbE Ilbl~I ~ ' lDll D •ad oo oi gc, ll <; ~ ~ ~ ~
660
Mull i-U 11 i1 one ~ one one 100 0 and no more 0 5 D,1tllin~ w ;6'I than S feel
~
IHkll4i&MI
~
~
All Other
4.Llalwl on e None None one 100 0 and no more 0 5 ~ than S feet
MtteipaJU scs
MU-B-2 District ,~,, 6d~lll11111I B£KHIIIIS11i1l l::11ll1»:l111 SIii: Il~lsl
rd11Hl·l l11i1 ~ ~ J:jgai; J:jgai; ~ g lld IQ DUlt£ ll ~ 1211,1111111•1 ~
AIIWlla; Nooe Nooe 0 and no more
PffllMffell one 60 than S fret 0 s one
Allll»:.al Uses
TSA DI lricl
Pita e rtf,r to Sur/011 /6-6-U EMC. of this Cltopttr and rl,t opplicablt Starinn Area Standard
and Cuidtlints for inttm It)' and dimensional standard.
l-l AND l-2
\\'htre a building abu1
II~ upon, adjoins, or i adjacenl
AllalUll lo a re id eollal zone districl , SC one M~ Ont one one minimum stl back of 10 rt . Excep1 ~2:1 on all si des are required, Manufac1ured exee pl u required in ecrlon Hom , Parks 16-6-7.K," cnrniog
Requirement . "
. \/11111,farwred /ltimr Park< Nnll•s tn Tab/,: f If Tlw m/11/n111m ,<id,• setbut·k ,,tut rd i11 thl< tab/f for~'" ,m/1 •IHI ~ ... • ,,1 mu/1i-11n/t dM'tllings .,hall app(1• tn 1/11• rllfirt d11y,l/ln11 wmr111re, and 1,nt rn ,ar/1 i11dMd11nl dw1•/li11g 1111it lnratcd i11 rlw srrurwre. /1( TJ,., mi11im11m ,id, <etbark ,rundardfor pri11rlpal residential di,y,/li11g, In rite rr,idential /R) ;nne distrirts, a., stattd in tl,/s Table .. ,/,all appl,-Ill .mr/1 d•~•lli11gs that exl.<red 011 tl,r EffefliVI' Dai, of 11,i,· Title. Ho,..,,.,,,. pri11ripa/ rr.,idtntial di,y,1/ings exist1ng on rl,e £/frrtil'I' Darr of thL• Tirlt, and wl,id, as oJ rhut dutt art 1/M /11 cnmplia11re 11'/tl, t/,r mi11im11111 side sctbark sta11durds ,s1ob/ished /11 rhL< Table, shall nor bt
comidrrtd no11ranformi11g .,rrucrurrs due softly 10 tht dn't!/1/ng's no,rcomp/ianccwith 1he
mi11im11n1 side setback. S11rh dH't!lling.,· ar, "gra11dfot/1,rtd," a11d sh~// bt r1111sldertd legal,
conforming strurt11rts for the purpnsr., of sale ond de.-rlopmenl 11ndtr this Title and nth,r City
b11/ldlng 011d .wfety reg11/at/011s. See S,•,r/011 /6-9-J (Nonronforn,i11g S1ruc111res), be/o,.., /Jf Tire
minimum separation btl1''t!tn prlnripal bulldings locatd nn th, sumt or adjoining lots, ••htt/1er
or not the lots art under rh r iomc ow11ership, .,/,all bejif1u11fcct (IS,. /4/ S,e Strtio11 16-6-1.C
for add;tional dlm~n.doMI sronl.rds oppropriatt 10 tire :ont dl.ftrin. ISi Smell IAJ pf CCFPrd RP
or hdnrs fcbo,err 23 2004,
C. Addirwnal Dimc11.'iio11nl aud Pe\'l:lmmwm S1a11darJ.~
-1-. R I A Gis1,ie1 . l1,(11ere a le1 hes e .o'hhh ef 1086 llten so oRI) Ii o feol (1~') er 1111 &rea ef lesJ lliett nine
1heu,;aftd 19,QCl(l) S~YBFe feel, lftll j9 IA Hf18F8IO IIAd diR<,11111 8 'noFsl,,p fFelM ii~ lel in~
edjei111ng ii 86 oke•1'ft liy lho 1861 Feeerded 881& el lhe 1itt1e ef 1he effeeliue dale ef this +ille. a oee wnit
dotoehed d 1oillieg 1118) he eenSIFll@IIMI ee i&id lei, lft 8-1!1 1ha1 !he o,alll 8hall itt ne ea&e hd le,is lhAn
iH!ty fe•1 !~0') and 1he &reo ne1 less ll10n so er, 1hewsand 1 •e h•ndml (7.~PO) sqwe,o feeh
;i., R I B Gi&IFIOI, IHheFe • 101 h•s a w1dll1 ef less 1han r iMIY feel !60') er Br 1110• •f less 1l•ae H"'OR
thew!!811d 1 ·e hliRdred (7,lOGl &qllAFe fee!, aad i& ia s.,,BR!IO 111,d dilferll'l1 B"'ft@Fship r.0111 ""l' 101
h11medio1el) edjoini11g ii 86 sltO'"R 1,y 1he le!,I ,eoerded sole Al 1h~ 1in1e ef ll11 effeefr • de10 of 1l1is +ill~
o oae liffil delaelml d-·elling 1118) he eeR!llfllelOd ea SR1d 101, "*"llfl' 1h01 tho-wkkh 611011 i11 ne eose ho
l,iss 1hen liA)• feel (~O') Atld 1he &••• 1~01 lose lh9H si• lhaus1111d (6.00Ql sqll8Fe feel.
J. R I b GtGIAOI. IIQ,ere e 101 lies A width ef less lkAn Ally hldl (SQ') er a,,, me ef II!&!! 1hen &ill lkBll!lllnd
(6.000) olj!IAFO feet. 11Ad ie ie &@llilfflle end d,lferen1 o ne,ship lf<lm any 101 i1111M@die1ely edje1n,ag es
she ,1 Ii. 1110 lest ••••F<l•d snlo et 1ho 1ime ef the 0A"ee1i"• date ef this Title. a 011• llllil de1aehea
dwelli11g RIO) h• eeftSlflletea 011 said IOI. 1!!18ilfll lh81 the widlh &hell in ne eose he less lhBH liliA) 68'"1!11
f<!;!t 1371 and 1ho 8188 HOl lll!iA lhAH fa•f 1ho1wond eiM h1111a,ea I• '""'Y 11 • f4 .62S) squo,e fee,,
L Mutu-l/ou PsreJopmept StflllllArds w R-2-A.~.:l.W.:t\ and Ml/-R-3-B Qiw:ii;u
11. AQpJicabiJiJx The ro11owioua1llhlrds PPPIY Jo au muJu-uruJ uweJlini:s ~11s1wc1ed or cmu:g11>11
afic, 1hr cffecuyc de 1s 0 ( 1hj~
ll. MYJu:wlll d»slHP%CWt'1H on the cffcclh'S P?te oftbi3 Secuon and which as o[tbat d~
10 comoliance wilh s1andnrds cs1obli1h2d bv this Section shall not be considered nonconfonniuil
due solelv to the dw,llins's noncomnliwc ·.yith lbs uapdards of this Section, Such dwcllinsSJt(
··grandfo1hered ·· and shall be scosidercd lesol confwmin@ structures for the oumoses otwuru1
dmloomrnt under 1hi$ Iitls
~ ~ havinv rear alley accw.
•
•
•
•
•
•
u, Parlqng pads wjthrn the [rpm rnnl or ftpm.wb.~IU,c plllll!bi1at. Q. Proncny wj1hoy1 rm •IIC' acce,,,,
W Minimum lot »:idlb shall be lhiOY f~et (30') per unu
L2J Gnrnvcs camons nnd P?rkum pads shall he off·s£1 btlWWb~ from bmldinK hnc ofr;,cb um1
bv a nuniml!m of o,c feet fU
W Minimum somtignbc1wecn drivewovs or oodiine vads_ClUl,i~ units shnll be W.lllY
!m!m
W Moxiowm dnvewav or oark.inv oad width within from yard or tront setback.Jholl be tcllic.ct
OP'} pqunit.
Ul The roo,cimum 1:amgc door width on the frpm facode of tbs structure shall be nincfm.!9.J
llWlllit.
!bl ~ !he from ynrd cc Crom sr1back only wh•n..u~mm:s
,snot orovidcd
Ul An oo?al1Lfei1ce or wan shall be orov,ded bctwsc1ulli.vewavs or narkine oads,s. .1~1
~
W Units that oroxidc auached &aram behiPd lbs rer buildmg hoc or lb£ onncioal §trucwrc
mav reduce the nrinciIZWtructurc·s rear sctbqck to ten feet oo ·t
W It is rccognizsd that because of the wide vaactv of multi:.uuiuiw1omncm om ions thc.CitY
Manaver or desi@ce mav on P casc·bxsss basi3 corvider mioor deYiations 10 d t2) lhroush
t D Pboxc whencxs such devint,ons m.morcJtkelv 1'Wlisfv the 1mem of this subsection.
4. l , MU-R-3-B Dis1ric1.
The minimum lol nrca slnndards se1 forth 111 1 able 16-6-1. I apply 10 parcels of land comaining less
1han forty-lhree 1housand five hundred six1y (43,560) square feel ( I acre). Parcels of land
con1n1111ng fony -lhrcc 1housand five hundred sixly (43,560) squ.,rc feel ( I nere) or more may he
deve loped al a dcnsi1y of one (I) unil pcronc lhousand c11\hty-11iru, (1.089) square fee1.
h. The minimum 101 area slnndards sci forth in Tnblc 16-6-1.1 for "oftkc limjtaj" ond "nil other
~ .Ill.la uses" shall nm apply 10 an cx1s1in11 s1ruc1ure converted 10 accom111oda1c ft
~ lll1JlllQW!;jj nonreside111ia l principal use on a 101 having less 1han 1wcnty•four thousand
(14,000) square fttt, pnmdcd 1hc ~ ~ con,crsion complies w11h distric1 rcs1dcn1inl
design s1andnrds nnd required off'.strecl parking and lnnds(:aping requircmen1s.
Rcsilkmial Ullo.in ~tU-13~m•<lM.1¾~ 1)1s.1t1_1:1:, ~ UOII$ Jll,1} ~IIK\lll'\'llll~ 1bc NII~ ll.lllW!ll:.,!> lh~ CQll!llt~Nlll it,C~an~-• ~ b, ~~icwse occupu;,i.Jllc~ cl ~11<I..Door. cf the bujlilllui. ... '\!llLi.wlw.:'l'lll' accmjblc ®Jllilll ~J211btic slrecJ or sidc)l'alk. ! 4 M/.J-81 Di,tnct ~-Relier from fro nt setback requirements se1 forth in Table 16-6-1 I may be provided ie ill 1hc
si1ua1io11s n11d lnnd •sos hsicd i+l-lliir.-l!l;lQ.11: coud ition•'tl on llli; establ1Slllflgl1IDIU2f a strong
developmen1 edge along the from propeny line.
= W Add111on to an cx1S1mg buildrnp,
I>. Ill Commercial I01s wi1h more 1han two hundred fit1y (250') feet or commercial zoning nnd
l01 depth,
;,, l.1) Dnvc-thru uses.
e. W Outside dining .
D. Lou: Special Reg,,llllim1s.
I. LOI Area Exceplions.
a. Red11ctio11 /11 lot Arca, No lot. existing and of record on the elfoct11•e date of 1his Titl e, shall be so
reduced tha1 1hc lot nrca shall be smaller than prescribed by this Titl e. No portion or., lot. neccsS11ry
to provide the required area per dwelling unit. shall be separated in ownership from that portion of
the lot upon which the buildmg containing the dwelling unit or units 1s located.
b. U11/t~• fosta/lu11om. Subsection (a) abo,•c shall not apply to uuluy 111stallations 1ha1 arc necessary for
the public use and convenience oi 1hc area , In such instan ces. utility installations mny occupy 1101 in
excess of six hundred sevenly-fivc (675) squmc fce1 of the :01 arc:1. An u1ility instnllntion in excess of
one hundred ( 100) square feel sh.ill be screened and landscaped from adjacent and adjoin1111t
residences.
2 Rcs1~cntial Comer l.<>I Regulations
a, The minimum fron l setback requiremcnl slated in Table 16-6-1 I above shall apply to the shorter s1Je
or o rcclangulnr-shaped comer Int , ond the side setback shall apply to the long ,idc or the l01 1 he
tntcnt is to appl}' the front scthack to the side of the l'Omer l(l( that aligns with the rmnt yards and
setbacks of homes located on the long side o r the &'!RIC block.
h. Reverse ,;orn er lo1s are prohibited.
3. Obs1ructio11 or View on an b1terior or Comer I.Ill . Nlllhing shall be pcnnmcd in the frnnt yard, Side yard,
or rear yard wluch -.111 obsuuc1 th v,cw or !he oncoming cars or pcdestn:ms a dtstaocc of three hund,,,I
feel (300'). Th,, shall not preclude the ins1alla1ion or necessary uuhty company poles and/or trnffic
reguln1ory device,.
•
•
•
•
I k1~l11 I ,ct'J>l1<>11S. The folio" llllt 11cm, may cxcee.l the maximum he1gh1 allc11, cJ Ill the apphcabk wne ,l"1nc1.11, six-c1ficall) hnu1ed. ,\II of1he f<>ll<>wing 11cm; shall be typically tt!Stlewl<d \\llh the structure 111 "luch the) are auachc-d. Applican1s ma) request other excep11ons to 1he height hnurn1ions slated m 1lus Sl'\:!11111 -icc<•n.hng h' 1hc vanancc procedure~ in St.-c11on 16·2-16 hMr. a Spire,. Mccpk,. hclf'r,cs, cupulns, and domes. provided 1hey arc 1101 ,mended or used for dwelling p11r1w<cs, .md pmvid,-J 1hcy cx1c11<I 1he height of 1he principal buildin1t by no more than 1hiny pcrccm tJ0°,) ol~"c 1hc 1110,irmnn hc1gh1 pem1ineJ in 1he zoncdis1ric1 .
h Bullheads. d"a1ur ~mhou.'l.:s, observation towers. 1ransn11ss1on iowcrs, chimneys. ventilators.
~mole ,1acks. ,kyhgh1s, derricks. conveyors. waler towers aod 1anks. fire lowers. hose lowers.
coohn~ uruls. endoscd 51a1rnells. or other s1ruc1= where 1he manufnctwing process requires a
grea1cr height. pm, idcd 1hey ex1eod the he1gh1 of the principal !>u1lding by no more than thiny
pcrcen1 (30-•> abo.-e the maximum he1gh1 pcfmiued in the zone district.
c. Chimneys. lllcluding chunney 1cnninat1on devices and dccorau vc features. on rcs1den11al dwelling
structures 1113) exceed the hc1gh1 hrrulAlion by no more then four fce1 (4').
F. s,,,h"cks n111l l'ards: ~/H!d11/ Reg11/111iu11,.
I. Maximum Residential Fro111 Yord. The maximum fro111 yard for •ny dwelling shall not be grentcr than one-
third ( 1/3) of the dep1h of the lot.
Maximum Front lot Coverage. Sec Section lb-6-10 F.MC, "Design S1nndord, aod Guidelines." bclo\\ for
hmils on 10101 front lot co,·cragc ,pplicoblc in 1hc residential (R) zone district~.
3. Use of R,oquircd Setback or Yard by Another Building. No pan of a setback. yard. coun. or other open
space pm,1dcd for an) building or structure for 1he pwpose of complyin1.1 with the provisions of this Tille
shall be mcludcd as a pan of a yard. coun. or ocher open space required under this Title for ono1her building
or.1ruc1ure.
~ Fxccp11011s 10 Setback and Yard Requirements.
11. Applicahili1y. The exceptions Slntcd in this subsection shall be applicable only in 1hc residcn1 ial
dis1ric1s (i.e .. they nrc no1 opplicnblc in 1he business or industria l districts,)
h. 1'l1ru11g/1 Lo1.1·. J\1 each end of a 1hrouB11 lol. there shall be :1 front setback 11f 1hc depth required by
this ritle for the d1stnc1 in \\ h1ch each lol fronln~c is located.
c. ~ ~ /)11<'1/111,:., Fnr the pulJl<••c of side setback rcguln11om. eneeh@d """ ""''
li!.W.ll;ll!JII d\\ clhng> "nh co1ovnon p,my walls shall be considered os one building occupying~
le~
d R,·d11c11m1 o{.'i.0 1/.,d., No required setback around an cx,sllng bu1ld1111,t shllll be sepanlled in
ownership frpm the IOI upon which the building is located.
Rmr Se1/•1ck., fur Slw/11111• Loi,,, If n rcs1den1ial distric1 was less lhat one hundred feel ( 100') deep
011 1hc efTec1ivc da1c or this T11lc, 1he rear set hack may be reduced 1<1 fi Occn feet ( I 5 '),
I S1111111wi, T,,M, 11( D1111,·mw1111/ Rl'q111r,111,·111.<_(t)r An-,•ssolJ' S1111c1111·,•1. Table 16-6-1 l hehm ,ct, l..nh • "hnt type., "f structures are permiued as accc.sory ,n each or the City's wning distncl>. und the apphcnhk dinu:ns,onnl standards for the accessory structure t r an accessory structure is not hs1c:d m llw 1nhlc. hu1 ,011\tk, all the general Slondnrds set fo nh ,n subsection 1641.H EMC. the City Mana{!cr or designee ma) pcmut the structure subiec• 10 the unhsled use procedures ,n Section I l>-5-1 (B) EMC and the dimensional >landarJ, <el ronh in this S,-cuon 16-6-1 EMC T'\BLF INSET TABLE 16-6-1.2: SU MMARY TABLE OF DIMENSIONAL REQUJREMOO'S FOR ACCESSORY STRUCTURES
Pillricu Max. M.itumum Setback (Ft) Maximum Add1
Use !Allowed Muimum Total Floor
Number Height l'Front Side tRear Area (1q fl) Resuloh on
fl) s
tr a gru-nge
or corpon
Combined is
maximum converted
total floor 10 another
area of oil use, an
Shall garages equivalent
confonn 10 ond omounl of
carports ofT-s1rce1 the :zone shall not parking district's
minimum exceed shall be
front If 1,000 provided.
I setback entrance square feet Wheno
Detached detached npplic.able races total floor garage or
garage, R-1-A: 5 alley: 6 area. (In carport is garages All plus one 10 the Other If MU-R-3 convened and Rcsiden11al 16 principal
all DistnCIS carport. districts: entrance Districts. 10 ano1hcr structure 3 faces this applies use the carpons per and lo rcs1den1, applicable street or only 10 existing
al lot rcs,dential side IOI garages for driveway
dcveloprncnl line: 3 onc-unll orc.arport
deleeheil in1hc fronl and design andiw&-sdback s1andanls of llftil shall be this Chapter ~ subjcc110
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Wlilli.:iilliJ Parking
wllilw Pad
~ regulations
Ul:ll..lllli.ll-) -srnndnrds
and
guideli nes,
Detached TSI\. nnd Shol I cnnfonn 10 zone <lis1ricl slnndards for principal s1ructures. •
gnrages all and Bu,,rnc,, • all and carpons lndustnal Districts All R Distncts· Shall be located behind the
rear budding R-1-A : S: R-1-A : S: line ofuic
principal Other R OthcrR
structure Districts: Districts :
All B Districts: 3: 3:
Residential Shall be 8 , TS.\, I B,TSA.I
Districts, located Districts : Districts:
Storage TSA. behind lhc ShaU Shall
sheds Business. I 10 front conform conform ISO
and building line 10 zone to zone
Industrial oflhc district district
Distrim principal standards st:mdards
structure for for
TSA&I principal principal
Districts: structures structures
Shall
confonnto
zone district
S1.andards
for principal
structures
Other
accessory
Other structures
accessory All shall be R-1-A: S R-1-A:5
structures Residential I 12 lo.•alcd Other R Other R
not listed Districts behind u,c Districts · Districts: 200
above rear building 3 3
line of the
principal
Slructurc
~ The Cll~ C',,unc!I of the t'11y l'lf Engkwood. Co lorado hcrcb) authori,es the amending Tn lc 16. Ch3ptcr 6. Section 3. Sut,,ecuon F • "Street, and Vduclc Access and C'1r.:ul,,11<'n .. Clf thc l:n~lc,,ood Mun,c,pal • (\>Jc 2000 and the c11n,11•1cn1 of the Ile\\ pm\l,aon> to rC3d as follm-. ll>-6-3 : Strem and \'ehlclr Access nnd Circulation. F I 't'l,idc Ac·u.'.h um/ Circulmio,r Access to Pubhc Roads. All""" lot• shall ha,c d1r«1 or mdirect access to a dcd,cntcd pubhc s1ree1. through one (I) <>r more access fl(lants approved by the City. In add111on to direct access 10 a ded1;atcd pubhc street. access may be prol'ldcd through privntc streets or through alleys.
No back--0u1 dm•eways from any type of use shall be pcrmillcd ,,mo nn anerial street
b. No back-out driveways or back-001 parking spaces from muh1-unit rcsidenual on sites wjth alley
~. · ommcrcia.l, or 1ndumial uses shall be pcnniued onto a public street. This requirement shnll
not prohibit back-ou t driveways or parking spaces onto an alley.
2. Trame Impact Analy,is. A traffic impact analysis (TIA) shall be required with applic•tions for
development review and approval when trip generation during any peak hour is expected 10 exceed one
hundred (100) \'Chicles, based on traffic generation estimates of the lns1nu1c ofTrnnsponauon Engineers'
Trip Generation Manual (or any successor publica1ion). The City may also require a TIA for:
Any project that proposes access to a street with level of service (LOS) "D'' or below;
b. An) applicaoon for a rcwnmg,
c. Any cnsc where the previous TIA for the propeny is more than two (2) years old;
d. Any case where increased land use intensity will result in a fifteen percent ( 15%) or greater
inercast in tranic generation: and
c. Any case an which the traffic engmeer dctcrm,ncs 1ha1 a TIA should be required because of 01hcr
traffic concerns that may be affected by the proposed development .
When access points arc not defined or a Zoning Site Plan L~ 1101 available at the lime the TIA is
prepared. addnional s1ud1cs may be required ,.·hen a Zoning Snc Plan becomes a,,ailable or the
access po1111s arc defined
3. New Intersect ions and Curb-Cuts.
ll General Rules. The number of intersections and curb-cuts on streets and highways shall be
mimmucd consistent "uh the basic needs of •~pes• and qrrcss Intersections and cwb<ut~ shall
be dcs11[ned 10 pro,idc the ~>reatcst safety for both pcdesuinns and motorists
h. Dri,cways, Residential
(I) One Unn. '.f,··e Unit, er 0 110 U11t1 .o,u&el\e~ ~Ullil Owellinl!> s;'.Qll,l•jnmg Up;g
Iha;s:.llnits.
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(al TI,c wid th of any dri,cway leading from the pubhc mce110 a one-unit dwelling, i--
Ull!I d olli11@ , or eR• ul'it annelltll !lwellff!f! pr myhj-ynj1 dwcHin• contajn ing \l!UQ •
~ sha ll 1101 exceed twenty feet (20') at its intersection with the street.
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thl \ dn• "" 8J sw mw 11 ""' 111111 . 1 • l "'''''· er es,""'' e11e hl!<l d • 011111, •llall be sepa!i!lool ffe11, • r, ,d,111101 dFI ., ·•1 ieeeiod e11 011 ahwllin~ 101 ~-et lea.I ten r..e1 (IQ'). \II peAs ef1hts w, ft>01119') sepe!i!IIAn WRder tho apphee111·; e,rn11,,1 ,hell be leadseaped "'ii• 11• mg pl0111 me1..-,el . See also Sc..-c1ion 16-6-IC ➔ EMC ··Multi;Unn Peveloomcnt St?odnrds 1n B·,·A: B· '·6 MU-R-,-A end MU-R-3-Q Pi•1cim .. (orgdditjonpl drj,•s»Gx •~\ i'llPJv 10 mYlli•u11iUl).\'.clJ.i.ul:l OllPtw1£aies wjth gr wj1hout anc\~ (Cl See also Section 16-6-10.B. EMC. "Residential Design Stondards and Guidelines," fo, additional drh-cway standards thnt apply to new residential development. in, ln1£
substantial expansions or aherations of existing dwellings. in 1hc R-1 ant' R-2 zone
districts.
(2) Muhi-Unil [)\\ellings Cootaipjpg Fgyr pr Moes Unir:;.
(a) The width of any entrance dnvcway to a multi-unit dwcllintt COQJOJDIQV 4 QTJP9fS YPilS
shall not exceed t" enty-five feet (25') at its intersection with the meet. unless the
applicant can demonstrate that add11ional width is required to adequately accommodate
anticipated driveway volumes.
(b) In new multi-unit developments containing ten ( 10) or more units, vehicular access
shall be spaced 110 closer than 1wen1y-five feet (25') to any adjacent propcny line.
However. the City may reduce this setback requirement to pcnnit a single vehicular
access point tho! can serve two (2) adjacent properties or where compliance with these
rC<Juirements would deny vehicular access to a propcny .
c. Driveways. Nonresidenual. The location and size of driveways leading liom the public street 10 a
nonresidential or mi<cd•use building 1s subject 10 the foUowing conditions:
(I) No portion of any drl\'eway shall be closer than fony feet (40') to the curb line of an
intersecting street. or closn than ten feet ( 10') from a fire hydrant. catch basin. or end of curb
radius at corners.
(2) In new nonresidential developments, vehicular access sholl be ,paced no closer than twenty-
five feet (25') to any adjacent property line. However, the Cit)' may rulucc this setback
requirement 10 pennit n si11g lc vchiculur ar.:ess point that can serve two (2) adjacent
properties or where compllnnce with 1lv ;c requirements would dr.ny vchiculnr ncccs~ 10 a
property.
(3) Only one (I) access per st reel frontnl'c shall he permitll'd, unless o Zonmg Sue Plan or traffic
impact ana!ysi< shows. and the Cny agrees. that adduional access point• arc required to
adequately a«'\111111100a1c dri1·cway volumes and that add111onal 11eccss "1111101 be detnmental
10 1ramc no"
(~) The width of any cmrance dmcway shall not c,cccd thirty feet (30') measured along ns
mtcrsection wnh the propcny hne
~ The City Council of the C'11y of Englewood, Colorado hereby authorizes the amending T11le 16,
Chnpter 6. Section 4. "Off-Street Parking nnd Loading Requirements". Subsections D nod F. oft he Englc11ood
• M unicipnl Code 2000 and the cnactmcl\l of the new provisions to read as follows:
16-~: Off.St rt•t t Par king and l.oadi n~ Rtqulremenr.. n. R<"q1111·,·d Plu11 f.'h-11u "" A par~tng nnd 1,,.1dmg plan trncluding required h1cicic par~tn!J), ,uh,11111,-J a, • pan or a sue <>r dc,dnpmcnl plan. •> «'(J u1 reJ for: all •11• ""'' auaolaed ,es,d.,mal d ·•1111,tt •· l!S. all mul11-um1 res1dcn1inl di\ cllmg uses: all ,x,nres1dcn11al uses: and any other occasion I\ hen the C-11) deem, 11 necessary 10 darmunc the 1mp:1c1 t>f parking on a dC\-clopmem . The pnrktng and ln,,dmj! plan shall show all infonnam,n as rcquucd t1n C-11y subm111al requirement fom1S. E. C1111,p111u11011 ,it 0(/,!;/n•ct P<1rkmg 1111</ JM1J111g Rt'qwr,wPIII.< The followmg rules appl~ "h<.'11 compuung off->trcet parking and loading r,quircmm1s:
I. Muluplc and Mixed U:.e. Unlc,s 1JUterw1se approved by the City, on:strcet parking areas sen mg
enher (I ) more than one pnncipal use. (21 more lhan one use t)l"' w1thm a structure (i.e., office and
\\'archouse), or (3) a mixed-use dc,·elopmcnl must prol'ide parking and loading m an amount equal
to the combined total orthc minimum requiremcms for each use.
2. Fmcuons. When measurement of the number of required spaces results in a fractional number the
fraction shall be rounded up lo the next higher whole number.
3. Area-Based Standards.
a. Unless oihcrwise spccificnlly noted. all square foo1age•based parking and loading srnndards
(e.g., one (I) parking space per three hundred (300) square feet of office use) shall be
computed on 1he basis of gross lcasnblc or :tnlable floor area (i.e .. excluding square foo1ngc or noor area devoted 10 common or pub lic areas, hallways, and bathrooms).
b, When 1hr slnndnrd states that nn off-street parking area shall be provided based on 1hc gro.,s
fl oor area of a spec ific use (e.g., "an area equal 10 the gross floor an:11"), calculn1ions shall be
based on n requirement of three hundred (300) square feel per parking space. For example,
one thousand two hundred ( 1.200) square feet of gross floor area, divided by three hundred
(300) square feet. equals four (4) parkmg spaces that must be provided.
4. Occupancy-or Capaci1y-13ased Standllrds. For the purpose of compuung parking rcquirem,'llls
based on employees. students. rcsidcna. or occupants. calculations shall be based on the largest
number of persons working on ani ;,ngle shift. the rnaximun1 enrollment, or the maxm1w11 building
code capacni·. whichever is applicable and whichever rcsula m the greater number or sp:ices.
5 Unlisted Use, In fC\ ,e" mg a dC\·clopmcn1 applk'al1on for a use 001 spec1ficall) hstcd, the City
Manager or de>1gnce, shall apply the sla ndard for the use that ,s mo~I similar 10 the proposed use
I'. O[f.S11w1 l'ch1d,• P,irlmrg Rcq11iw11c111, w,J Dt·sig11
Amount or O11-S1ree1 Vclucle Parking (Table 16-6-1.11 Table 16.(>-4 I helo" -...~, forth 1hc;
mrn11nwn rcquucd amount of off-street ,,chicle parking spac,-s. In hcu or compl)'ing with 1hcsc
standards. an apphcant may rcqucs1 approval of an alternative parking plan. under Scc1it>11 16.(),4.1
EMC.• Ahcm:111vc Park111g Plans."
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TABLE l~-4.1: MINIM UM OFF-STREET VEHICLE PARKING REQU IREMENTS Use Off-Street Vehicle Additional Requirements Porking Standard RES IDENTIAL USES
Group Living
Dormitory, I parking sp•ct ptr two btds fraternity, sor ority
Group living f•cil.iry, I parking sp•ce ptr 3 r tsidcot
large/special or btds, plus I parking spardor
s mall each 3 employees
I parking space per 4 r esident
Nursing home beds plus I parking space for
each 3 t-mployces
Rooming and I space for each g ues1 bed, in
addition lo lbe one,-unlt boardinghouse dwelling requirtmiut
Senior citizen . 75 parking spaces per unit plus
,tMll,■H■I 11•,111 o ne guts! spa« for each 5 unils
Household LMng
on .. unlt,4MMW 2 spaces per each dwtlling unit a, aNaelM4 dwelllng
Senior citizen~
lllil d»:S!lilll
,esideatlal ee1Mplt1 I space per 2 dwelling units,
(35 percent or more pluJ one guest space for each 5
of total units units
reserved for persons
60 years and oldtr)
~• uitaad (I ) Such parking sh•II he designated
-M.lilli-unit I .S spaces pereach dMlling and identified IS parking for the
dwelling: Efficiency, occupants of the bull ding onl)', (2)
I• or 2-bedroom 111111· Guests or Visitor Parking for
unit buildings" Ith 5 or more dwelling
~••a Hil••d
units: I space for eac h 5 units. S uch
parking shall be desi11nated and
-M.lilli-u nil 2 spa<ts per uch dwelling unit. identified IS temporary parkin& for
dwelling:3-or more the use or gutsts or visitors or thr
bedroom unit orcupants of the building only.
PUBLI C/IN TITUTIONAL U ES Religiou s Assemhl)' I sp•~• for e~ch 3 sea ts or every All {, feet of bench length In the main u cmbly area or auditorium School Education institution I space for uch classroom and
• elementary administrative office
Education institution An area equal to 1/2 the gross
• secondary 0oor area io the structure
Public Buildings
All Ao 1ru equal to 1/2 the gross
0oor area in tbe structure
COMMERCIAL USES
Assembly
Assembly hall or
auditorium, ball I space for each 3 seats rental for meetings
or socl1l occasions
Eatert1iament/ Amusement: Indoor
Amusement
facilities, convention
bcilities, dance balls , 1 space for each 3 seats gymnasiums,
theaters, skating
rinks
4 spaces per lan e, plu s I
Bowling alley additional space for each 2
employees
Food and Beverage Se rvice
Restaurant , bar,
tavern, with or I spac e per eac h 60 sq uare feet
without outdoor of gro s noor area
operaUon s
l\tedlcaVScientific Service
I space for each 2 patient bed,,
Ho spital plu s I pace for each 2
employees
Office
All I space per each JOO square -
feet • Retail Sale, Rlld Senire Undtr 7,SO0 squarer .. ,, In aru rqual 10 I ll or 1b t gro,s As appl irablr, plu, a dequolf Ooor 1rra; All 7.500 .qua rt ftt r gross n oor ,1acki ng sparu as per Sttl ion 16-h• area a nd abo,·e: an arra r qual 4-,1 below, lo the gross n oor ores. Vehicl e a nd 'Squ lpmt ol
I spare for ucb ? em ployeu at
Au1omo1h e sales, mulmum cmploi,ncnl on a
rental; sing le shift, pl us ? spa ces for
Au t omobile earb 300 squ ar e fee t of
pawnbroker sales/ofOce, r epai r, or
maintena nce space.
Visil or Accommodation
I space for each gum roo m,
plus I additional s pa,e for u ch
2 employees. Pa rking for
Holel con vention facilities a nd dlnln~
aru s In lhe hottl shall co nform
>1 1t h the requir<-m t ots s et fo rth -within.
91 MANUFACTURING/IND USTRIAL US ES
Industria l Service An ar,a rqual to 1/4 the gross
■L•Vor n oor area occ upied by the use
,,anu factur lng in a strur t urr
Warehouse/Storage
Cuslomer parking sbaU be A mar~ed loading lane shall be
provid ed at 1he managtr'• provi ded adjactnl 10 1hr n1er ior or
office calrulated on the bast, or a ny structu r e In wbkh sloragc units
one spare for u ch six thousand are lorat cd and wher e s uch unilS
(6,000) square feel ornoor arta have dlrecl access to t he ext erior of
Min i-sioragr facility and open storage, or one s par • the s rrur turt. S ucb loading lan r
fo r uch on• hundred (100) s b•II bt clurl) marked for the
storage units o r s pares. rxclusiv• use of tbt less•ts of said
whlche\"t r is ~reattr. sto ragr uuib and sha ll nol ht used
Plus, 2 additional parkln~ fo r lhe temporary or per manent
spaces for employee, sh•II be storage of any h e m. Loadi ng lanes
pro,•lded al t he ma n•g•r's sha ll bt a mi nimum o f nin e ferl (9')
office. In width.
An aru equal t o 1/4 of the
Wbolrult busi ness grou n oo r aru of the st r utture
or stnrctu rts.
Wa rehousi ng a nd/or An arra equal t o 1/4 of l be
1torage gross floor aru of the structu re or ltnlttures. 2. Location of Off-Street Parking Areas. Except as olherwisc allowed in lhis Title, a parking area shall be provided on the same propeny a~ the principal building ii serves, except thnt in business and industriol districts the reciulred off-street parking area may be located witl1in four hundred feet (400~ of the property, but within the same district or within a MU-R-3-A district. Such separate parking lots shall oe maintained as long u the principal building or uses are maintained. Sec Section 16-S-4.C.2 EMC. for speci:il regulations applicable to swface parking areas in the TSA district .
3. Shared Patking. No part of an off-street parking sp:.ce for any building or use shall be included as a
pan of an off-street parking space of another building or use, except that the City may approve
sham! parking according to Scctton 16-6-4.1. EMC, • Alternative Parlcing Plans."
4. Minimu· l'arldng Space and Aisle Dimensions. All off-street parking spaces shall comply with the
dimens shown in the following drawing Figure 16-6(4) and Table 16-6-4.2 , below. Please note
that the 1enen in Figure 16-6(4) correspond to the letters beading the columns in Table 16-6-4.2:
r-~.,. -' • -T ,.. ' ---; ' . ------~ ..
~-~' ~:..:_•h, ,I~
1
I ,-..;i• ,:.;:;\,,. •~ a,:.u ::. ' , ••-~ ~~•,\ t ._
.,
Width (ft) !Wliir" ter Width of
A=s Two Row Bay with Aisle Coveted
Drive (ft.) Between) (ft) Space$ (ft)
3
O" 9 I 13 23 IS 24 18 ftJ 24 ft. 30 ft. 7 ft . ft . ft . ft. ft. 24 ft.
30"-9 1 13 18 13 24 18 ftJ 42 n. S311. 7 ft. 53° ft. ft . ft. ft. 24ft
54° • 9 I 13 19 20 24 18 ftJ S2 l S8 ft . 7 ft. 75° ft. ft. ft . ft. 24 n
76° • 9 /1 3 19 22 24 24 ft. 60ft. 62 ft . 7 ft . 90" ft . ft . ft . ft.
Notes to Table:
[I] The firal width is for standard parkina spaces, and the second is for accessible spaces (including
ICCCU Wle). See Section 16-6-4.G. below.
[2] If e.mtinuous curbing is provided punuan1 to Soc:tion 16-6-4.F.6, •Continuous Curbs." the length
of ::ach full-siz.c stall abutting such continuous curbing may be reduced by 2.S foct.
[:J] Aa applicable, the first width is for one-way ae<:eas drives. and the second figure is for two-way
eccess drives.
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f,'ij,:ur,· 16,h•(•O: Parkit1y Uin1<•11,lom Figure 16-6(4): Parki ng Dim ensio ns Access Drive ~
F -F -
Parellel 45•
S. Con1 inuous Curbs.
~ i'Z ~ ;
-o--i .
~
F
60'
I :-r----
F
9Cf
a. Gcm•1·1, . Co111inuous curbs shall be provided, located, and designed to protect required
screening devices and landscapi ng and pedestrian ways from da ma ge or c11croachmc111 of
vehicle., and 10 pm"idc necessary traffic control in the parking area .
b. S{X01·ifka1ions for Comimwus Curbs. Con tinuous curbs .hall be made of asphalt, concrete, c·
stone, and shall be a minimum of six inches {6") in height and six inches (6") in width. lltcy
slmll form a non-inlCITUptcd edge around all landscaped al'C'ls abulling parking and tum-around
areas that arc not protected by wheel Slops.
c. Pluant,•111 The cominuous curb shall be located a rrunimum of tour feet (4') from nny
structures. buildings. walls. or plant OlJllcrial. excluding groundcover. 10 pre, cnt a vehicle from
drh1ng onto the landsc,pc: area or hilling any siructure or plant material at the edge of the
parking are.i.
6 on:s1rec1 Parkin1t Space, m Rcs1drn11al Zone D1s1ric1s. Parking shall not he pemtincd w11hm the
required front setback of an~ lot, except for parking on pa,cd driveways accessory 10 nnc:-and ._.
llflll lllWlL:llillld\\clhngs •l.lllWlllllll ~l!J!lll.llllil.i.
~ TI,c C'ny Council of the C11y of Englewood. Colorado herebi• authonzes the 11mcoding T11tc I 6.
Chapter 6, ScctrCln S. "l'cdcstnnn 3nd Brcyclc Aec-css and Connec11vi1y". Subscctron 0, nt 1hc Er1glc\\ood
Municipal Cndc 2(J(XI nnd 1he cnacrntcm of the ne" provisions tc. ,ead ns follows:
16-6-5: Ptdtstrlan and Blt)•clt Arrtss and Co noeellvity.
I. Gcncml Stnndnrds. All new deve lop111en1 subject 10 1his Section shnll r rovidc on-silc pcdcstr1m1 "ml
bicycle systems 1h01 com11ly with the following s1n11dnr .. ,:
On-sne bicycle systems sha ll conne(t to the C'lly's cx ,stinN nnd planned on-street or off-street hike path network. Safe and co11,eniem bicycle and pedestrian access from the Site sh:,ll be • pro,ided to designated bicycle paths or grccnways located adjacent to the development . b. On-site connections sha ll be ma~e nt points necessary to pm,~de direct pcdcstrin11 nnd bic yc le travel from the development to major pedestrian de::tinations located witbm the adjacent ncighborhood(s) In order to provide direct pcdcs.tnnn connections to these adjacent destinations, the Cit y may require additional sidewalks. \\ nlkwnys. or bikewa)S not associated with a street. or the ex tension of a sidewalk from the end of a cul-de-sac to another street or walkway.
e. 111c City may require, when necessary 10 assure public safety, pedestrian nnd/or bicycle
0VCIJl8SSes. underpasses. r traffic signalization in the vicinity of parks. shopping areas, or
other uses that may generate considerable pedestrian and/or bicycle 1111ffic.
2. Pedestrian Connections.
a. All primary entrances of principal structures conwning nonresidential uses, and each
entryway serving multiple dwelllng units in a multi-unit dwelling, shall have di rect access
(i.e., access without having 10 cross a street) to • sidewalk, pedestrian walkway, or trail that
leads 10 a sidewalk adjacent to a public strcct. In addi11011, all such principal structures shall
provirl<. direct pedestrian connections:
(1) Between each principal structure in the developmem :
(2)· To sidew~lks on adjacent propenies; and
(3) To all existing nr plaruied transu s,op or park-n-ride locati on! iden,ified by Rm (sec
subsce1ion E., "0 .:destrian Access to Transi1,• below),
b. In any developmelll that includes parking areas that extend more thnn two hundred fifty feet
(250') from an cmrance 10 the principal $lnlcture used by resident s, employees, or the public.
0ie development shall provide a des1[lltt1cd walkway from lhc row of parldns funbest from
the principal structure either to the structure entrance or 10 a sidewalk leading to such
cmrancc. Such walkways shall be distinguished &om surrouni'int1 parking areas by changes
tn color or 1ex1ure, ra.ised surfaces, or landsc•ped edges. (See subsectton F. "Pedestrian Street
Crossings." below for relnted standards)
c. All nonresidential develupmenl should provide.
(I) A walkway at lens! five feet (5') wide extending across lhc front of each principal
struc1ure; and
(2; Weather pro1ec1ion fealures such as awnmgs or arcades at each entrance used by
residents, employees. or the public.
d. All sidewalks, pedestrian wall-ways, or trails required by this subsection shall be a minimum
of five feet (S') .vide, or• minimum of seven feel (7') wide where it is adjace nt 10 nreas where
parked cars may overhang the walk or trail .
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3. Flicyde C'oMcetions. In developments containing nonresidential uses or mulli -unit dwelling uses
conta jnjng IGO 0 0) or more unjts. bicyc le access routes shall be provided between public bikcways •
and 011-site bicycle parking areas. Siles should be designed 10 avoid or minimize all conflicting
• hic)-de m1..~1or ,eh1ck :ma h1,:,cll! pede,tnan nx,,cmcau, All h•~~de Jee~ rool(' .... 'tmnttung tll lhc I n~J.-,,ooJ J)3l'l. •'Pffl <J',l,c. and wce,,"a~ S),1em sh;ill b< cons1ruc1,'ll ofconcreac. shall t,., 01 lca..t "' 1,-..1 (h') '"de. and ,hall comply "uh all Cllhcr aprhcablc C'II) dN~'ll and ron"1UC1100 ,a:111.tml, ~ ·1 he C11y Cou11c1I of 1hc lll) ,,f ~ngle,\(>od, Colo'lldo hen: b) auahon,c, amcndm1ct 1 nlc lb, ('hopler 6. Scc1k'l'I "· Suhsa.·1100 0 "Mm1mum L:.ndi<.-aJl<.-d Arn R<-quiremen1s" t\f lhc Ei1¥1cwood \lumc1pal l'lkle 1000 and 1hc cnac1mcn1 ofahe new pnms1ons 10 read J, r,,llo\\s ll>-6-7: l,andsuping and Screening.
I) M1mmum Landscaped Arca Rcquiremcnas Propen1c:, shall pro\lde a rrummum fe,cf of area laodscaplllll
as follows:
Rcsidenaial Uses in All Zone 01>1ncas
a One-Un11 Qlfllaeh od. Qfte 1Ja11 AHaeh •d and~~ U.es Cpnfajnmg Up Ip
Three PwsJlio• Unifs. One hundred p..'"tCen1 (IOO"e) of1hc f"'~' sctback area nnd no less
than fony percenl (-IO",) of the lot area, cxclusl\·e of dnvewny, sh,11 be landscaped.
b Multi-Unit Uses Cpp1qynng fpw; QC MM P»slltnB UW-A1 least twenty~tive percent
(25%) of lhe IOlal sue shall be landscaped.
2. Nonrcsidenllal Uses m Rcs :d enhal Zone 01stncts. A minimum of,,. .-nty-fhe percent c~• ,) of 1he
tolJI! site shall be landscaped
3. Business Zone Dis1ric1s A minimum of fifteen perccru ( 151 0) of 1he Iota I s11c shall be landscaped .
• 4. lndusaria l Zone OiMricls. A minimum of fifteen percent (Is•~) of the 10tal sate shall be landscaped.
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5. PUO Dis1ric1s. Landscaping requiremenas shall be de1ennined on a casc-by•<:ase basis
Consideration shall be gi,·en to !he type of de,,clopment use and adjacenl land uses PUD landscape
requ1rcrnen1s sh.ill be guided by 1he dis1ric1's prcdorrunant devclopmenl use and by requirement<
established fOf similar do·clopmcnls in similar 7.0l!C disiricts.
6 Waaer. Was1ewa1er Treatmcnl and Otha Similar Lari!e-Scale Public Fac1lni••· Where comphnncc
to dtS111C1 mne requ1rcmems may nol be feasible Cir pracucal. an ahcrnauvc comphancc plan may
be suhmi11ed.
7. South Btoad'"-a) Comdor Propcn1a
a. Rcdt"·clop1ng properties frooung on South Broadway shall be. required 10 provide no less
1han a minimum Jf 1en pcrccnl ( I (l" ,) of the t<>lal sne 10 landscap1nl\ uron compfe1100 uf 1hc
rc:dcvek,pmau. rcno,-auon. and.or expan<ion oflhc cusung dC\dopmcm Lall<lscapin1t shall
be rcqmred ,n 1hc frona yard area
h In ca,cs "here the landscapmi,: pro,1s10n Illa) noa be pracucal due 10 ex 1st mg area condniom.
an ahcn ... uvc compliance plan may be cons1derc:d by 1he Cuy
c Properties developing bct"ten and includmt? the 3200 10 3600 blocks of South Broad'>ay arc
encouraged 10 devck,p v.ith 1radi11onal. comrr.ercial ~nems established v. ithin those blocks
Muhiple-Zoncd Pmpa11es Where 011e propet1y is composed of more 1han one (I) :ionc d1s1ric1, 1he
landscape requircmcnas ofahc more rcstnct1ve ,.one. as prov1d<'ll in 1h1> Sttt10n, shall apply. Should
1he bndscapc area reqwremenlS be unprac11cal. the Cn) ma) consider ahernauvc compliance plans
~-TI1c l'lty Cou ,1 ,, ,.f,hc thy of Englewood . Colorado here by auth<>ri1cs amen<lin~ Ti1le lb. • Chapter 6, Sec1io11 10, Subso ,,, 13 Paral!fflph (6) "R,·11Jr111iu/ Garage P/11,·em,·11111111/ D,.,,,gn" 1,f the Englewood Munic1p.1I Code _ ,, nJ the enactmcnl of the new pro,isions to read as follows : 16-6-IO: Design St1 nd1rds 1011 ~uitlellnes. B. Resid,111.al Dt·.t1g11 Swnd/11',/1, 6. Rcsidenual Garage Placemcm and Design.
a. lnten 1. Locaung the garage 10 the rear or side of1he home, as is typica l in many pons of1hc
Ci1y's residen1ial districts, allows the archilcctural de1ails of 1he home nod from yard 10 define
the character of 1he street . Recent residential development has introduced designs where
garages, and often dnveways, domina1e the public street To protccl !he es1ablishcd cl racter in
many residential neighborhoods, garage placement and scnle should be carefully considered 10
minimize visual impacts upon the street and surrounding development
b Compatible Residential Garage Placement The placement of an accessory garage on a 101 cnn
have a significant impact on the way a residential structure "fits in" with its neighbors.
Accordingly, the siting of new residential garages shall be compatible with an existing pattern
of garage placement on residential lots located on 1he same and facing block face, as follows :
(I) When two-thirds ( 213) or more of1he cxis1ing residential lots on the same and facing
block faces contain accessory garages detached from the principal dwelling and located
, in the rear of the lot, then the new residential garage shall be shed in the rear of the 101
behind !he rear wall of the principal dwelling. To !he maximum cx1c1,1 practicable. such
new garase shall be detached from the pnncipal dwelling.
(2) When two-1hirds ( 2/3) or more of the exis ting rcsiden1in l 101s on the same and facing
block con1ain accessory garages auached 10 the principal dwellings. !hen 1he new
residential gBrngc may be attached or detached.
c. Garage Placement and Design-Garage., on Fron! Building Facnde.
(I) Applicab1hty. Thi s ,ubscction shall apply to garages that are attached to the front facade
of the principal dwelling s1ructure.
(2) Maximum Length of Garage Oooras Pcrccntageof1'01al Facade Length. Slrect-fac,ng
garage doors shall l10I comprise more than lhc following percentage of !he total len~~h of
!he fronl facade ofthc principal dwelling s1ruc1ure:
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Maximum Total Cumula1ivc Width of Street-Loi Width Facing Garage Doors as% of Front Building Fa.:ade Length Less than or equal 10 50 Feet 40% More than 50 Feet 45% For pwposcs of this provision. the width of the street-facing garage door(s) shall be measured as the linear diSt&DCe between the outer edges of the door(s), including any support or wall area between two {2) or more
garage doora that is lm than three feel {3') wide. Where two {2) or more street-facing garage doora are localed
on th.e front facade of the building. but are separated 1,1 more than three feet {3') of support or wall area, the
width of each gara&e door, not including the separating wall area, shall be added together to determine the
numerator for this formula.
Flsare 16-6(11)
Cornmcniary to Figure 16-6( 12) [above]: This f,~urc Illustrates nn ncceptab lc nllnc hed garage design for the front facade of a one-unit dwelling. wherein the width of the g,irnge door. measured edge to edge, docs not e~cced fony percent (40-o) or fony-five percent (45•.) orthe entire length of the building's front facade (3) Design Standards fo r Side-Loaded Garages. Side-loaded garages shall have architectural details or windows on the sidewall of the garage facing the street that nre consistent with the features of the living pon1on of the dwelling. GRAPHIC Ll1''K Figutt 1~13)
Ff&ure 16-6(13)
Commentary to Figure 1~13) [above]: This figure illustrates an acceptable design and level of detail for the
street-facing side wall of an attached side-loaded garage.
(4) Guidelines for Garages on Corner Lots. II is strongly encouraged that onc,.unil ileleeked
dwellings on corner lots be built with garages (either aunchcd or detached) that arc accessed from
the alley or the longer side lot line.
~-The City Council of 1he City of Englewood, Colorado here by authorizes amending Title 16.
Chap ter 6, Section 13 --s1g11, ... Subsection C "Scope and Applicm/011 of this Sect/011 .. ; Subscction H "Signs
Permiued in R-1-A. R-1-B. R-1-('. R-2-A and R-2-B Zone D1stncts": and Subsection I "Signs Permiu,-d 111 MU-
R-J-A. MU-R-J-8. and TS,/ Zo11e Dis1rie1s"; of the Englewood Municipal Code 2000 .net the enactment of the
new pro'1 sions 10 read as follows:
16-6-13: Sign s.
C. Scope and Application ofthn S.•ction.
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I hcse rc~ulallClllS shall g,1,em and coniml the displai . coo>1ru.1111n. ,-rt-..11\Hl. all,-rntmn. r.:nnMm{!. enlarging. monng ,,r mamtrnancc ,,r all >1gn, pennmcJ "11h1n all wnc d1•1n.:is c,tablo,hcd by tins Tulc and an~ amendnll"OIS 1her<10 ·1 lus S1~n Code shall be administered by th.: C1t)·. \\htch >hall ha,c the I"'""" and du11es S<1 fonh and those nec=ly ,mphcd to admm1stcr and mfor.:c thi• Sign Code; the CII) ma) i»ue apprClpnotc procedures and fonns. Upon apphca11on 10 and issuance by the Cit) of a re,mit therefore, a sign may be cr,-e1rd. ohercd and matntamcd only for a pmniued usc 111 the disuie1 m which the signs arc located. signs >hall be located on the same lot as tile pcnniucd usc unless otherwise pRl\idcd: ho\\C\er, no sign of any
type shall be erected or maintained for or by a one-urut. t ·0 \i!HI. e, 1.hFte ~tor mvhi:HOU
res1den11a1 use, CQOJOiOIOR IWO or thrc¢ units excepl approved home occupation signs and certain
signs for which no pmnit 1s required..
Nodung herein comained shall be deemed a wal\'Cf of the prov151ons of any other ordiunce or
regulation npphcnble 10 signs. Signs located m areas govemed by s!:\·eral ordmances and/or
applicable rcgulauons shall comply "1th all such ordinances and rcgulat;ons. If there is a conflict
between the regulations in this Sign Code Md any Other ordinance: or regulation, lhc more 51ringcnt
regulations shall apply.
H. S,gn:s Permirted in R-1-.~. R-1-B, R-1-C, R-1-A and R-1-8 Zone Dmriers. Signs th..t meet the following criteria
may be constructed, displayed. and mnintamcd m the residential districts R-1-A. R-1 ·B, R-1-C, R-2-A and R-2-
B in addition to those pmnitted in Section 16-6-13 {E) EMC and ror home occupations.
• Pcnniued Maximum Nwnbcr .
a. One-Unit.~. and M11/1i-lJ11lt Residcnrial l '.<es For the pmnitted uses. "" signs except
as sptttfied in Section 16-6-13.E EMC and 5ubsect1on 16-6-13.H.5 E.MC.
b. Rd,giou< lnsrin11ions. Ed11ro11011nl ln.ttillltion:s. P11hl,c Facilities. /losp,tnl<. Clim<-s and
Profe.sslw,al Off,Cl!i For thee pcnnitted uses. three (3) s1g:u.
c . Othrr Ltmful Nonrcsid,.,,r,a/ U.n•s For the permitted uses. two (2) signs
2. Pcmuued Muimum Srgn Arca.
a Orw-l'nf/, ~-and Mu/t,.LJmt Rr.<1de111wl U.<,s. For the pcnnined uses. one (I) square
foot . as provided in subsection 16-o-13 H.S EMC.
b. Rt•ligw11, /11stit11tioro. Educational /,u111u1i,m,. m•I Public fiinli1i,s
( ll For the pcmtillcd uses. eighty ;!IO I "IU3rt feet or as calculated in the rnblc herein
l" lucl1e,<cr ts gJeater);
TABLE 16-6-13.1: P'EllMITTED MAXIMUM SIGN AP.EA
Street Fronaage Sip Alea/FcX't of SU...
(Sign Area Amounts Arc Cwnula1i,·c)
I foot to 100 fce1 1.5 sq ft J I fooc
.101 feet+ I O sq ft J I foot
I!) ~" single "l,!1' f,ll'C ,hall ,·.,c,-cd 11nc hundred ( I 00) ,.qua re feel , 01/r,, L,m/11/ \',mr, ,11/t1111t1/ l ,., for 1he remuucd use,. I\\COI) (~01 Mtuarc k,1101al "11l1 no ,mgle sign face 1<1 exceed ,en (10) square feet. S1gJ1> Pl'muncd m MU-R-3-A . MU-R-3-B . and TSA Zone D1S1n<t> S,gn, 1IL11 mcc, the follo"mg cri1ena may he co11S1ructcd. displayed and ma,nrn,ned ,n the MU-R-3-A. MU-R-3-n . nnd TSA d1stnc1s in addiuon to 1hosc pcm1i11cd 111 Sccuon 16·6·13.E and subscc1ion lb-6-IJH .S F.MC. I. Penniued Maximum Number
Onc-Urut. ~ 111111 Mult1-Un11 Rcsidenuol Uses Cmu•JQIQ G Up to Four Upus ~
I• •• Yn11s). For1hc !'em1i11ed uses. no signs cxcep1 as specified in Scc1ion 16-6-13.E EMC
and subsection 16-6-13.H.5 EMC.
b. Multi-Unit Residen1ial Uses of Five or More Units. For 1he pem1i11ed uses, one (I) sign per
street fronl.
c. Religious lns1itu1ions. Educauona l Institutions. Public Facili1ics, Hospilals. Clinics. and
Professional Offices. For the penniutd uses. 1hree (3) signs.
d. O1hcr Lawful Nonresidcmiol Uses.
(I) MU-R-3-A and MU-R-3-B Dislrim: For the pcnnmed uses.1wo (2) signs.
(21 TSA Distric1s: Si1,'lls as pcnuiucd in the MU-B-1 Dis1ric1.
2. Pcnnmcd Muimwn Sign Arca .
Otlc•Unit. T e Ufti1. +&.fee Unit and Mult i•Unn Residential Uses COOlillPiP\' Uo to Four
J.!wu. (Nlur er '"4,wer YRilsl. For 1hc pcm1it1cd uses. one (I) sq uare fool. as provided in
subscc1ion 16-6-1 3.11.5.
h. Muhi-Unil Residen1inl Uses of Five or More Units. l'or 1he pcnmucd uses. no single sign
face 10 exceed Lhirty-1wo (32) squnrc feet.
c, Religious ln stuu1ions, Educn1ional ln s1iiu1ions. Public l'ocilnies. Hosril als. Clinics. and
Professional Offices
(I) For the pcm1i11cd uses. eigh 1y ( 80) square feel or os colculuted in 1hc inblc herein ·
TABLE 16+13.2: PERMflTED MAXIMUM SIGN AREA
Street FrtWUfe St., Arca/Foot ofSlrect
~SiJ:n Arco Amounl.l Are Cumu lative)
I fool LO I 00 feet 15 sq. II JI fooi
IOI fee1 ♦ 1.0 sq. IIJI fool
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(~) No smgle s1~,i face sha ll c'"ced one hundreJ ( l(X)) squnre fcc1 except as J)W\'id,'tl in ,ubscc1ion 16-11-13 (1)(5)tb) EMC J , 01hcr la\\ tul Nnnrc-s1dc•1111al Uses. For 1he pcnmned uscs, I\\Cnly (20) square feel 101al 1111h no s ingle s1~11 focc 10 exceed 1en ( 10) square feel . Signs for nonrcsidcnl ial uses in 1he fSA d1<1nc1 shall comply" llh 1he s1andards applicable 101he MU-8-1 d;stncL
~-11,c Cll) Council ofllte Ct1y of Englewuod, Colorado hcreli) au1honzc;, amending Tn le 16.
C'hap1er S. Scc1iu n S "D,•dica1io11s for Parks, Tmil<, u11d Open Sfl<lte". Subs<'Clion C. "R,•q1iire111e111sfor
D,:dimtivn of P11b/11· Parks and Opm Sp<"~•" of Iii<' Engl"" ood Municipal Cude 2000 and 1hc cnaclment of the
IIC\\ pro, 1S1ons to read as follows:
16-8-5: Dedications ror Parks, T rails, and Open Sp i ce.
C. /leq11irementsfor Dedication of PuMk Pari, u11d Open Spac,•,
I. General Rcquiremen1. \Vilttin an area subject 10 these rcgula1ions. open spaces sunably localed and
of adcqua1e Sl7.e. as dc1cnnined by lhc City Manager or dcsigncc, for pub he parks, playgrounds. and
passive and ac 1ive open spaces may be required 10 reduce the impac 1 on neighbori ng focili1 ics or if
similar facililies do not exist in 1hc area. Said spaces shall be dcdica1cd for 1hc common use of the
public or be established by COVCIW\IS or 01her cond11ions in deed or deeds for 1hc use of the public.
2 . Inc lusion ofSignifica nl Fca1urcs in Land Oedica1ions . To the maxi mum cxtenl feasible, ou1s1anding
na1ural and cullural fea1ures including bu1 nOt limi1ed 10 wa1crways and olher bodies of waler.
sig,ulica111 stands of cxistmg 1recs or ,·egctation. or hmoric or archeologJcal resources, shall be
Included in land areas dedica1ed for public parks, trails. and open space nnd reserved for pub lic use.
3. !..and Dcd1ca1ion Amounl Required. The owner or developer of land to" hich these provisions
apply shall, a1 the opuon of the City. either:
a. ConW)' 10 the Cily in fee simple no1 lcss tha, ten and sc,·cn-1en1hs ( 10 .7) acres per tliousand
(1,0001 populauon prnJeclcd for tilt' develop cot of such land. as de1cm11ned 111 accordance
"nh the pro,•isions oflhis subsccllOn;
h Pay 10 the C11y 1he cash cqu1valen1 or the fair 11•1rkct ,'tlluc or the land 01h«wisc required 10
be ded1ca1ed pursuanl 10 1h1s subsec1ion: or
,. S111i,f) such comhinmmn nf dcd1ca11on and payment in lt,'11 of dc-d1cn1ton 1ha1, consistcnl \\ nh
thf pr°'is11>tb uf 1his subsection. 1hc C:11y dc1cn111ncs appmpnalc
Appl ic11blc l'opulauon Density S1andards. For purposes of dc1cnrnni ng park/open space land
dedica1ion rcqu11cmcn1s pursuam 10 lht> suhscc1ion, 1hr proJec1cd popula11on of the r~1dcn11al
d<"·elopmcm subJ«I lu tht> s .. uun shall he cstabh,hed by u11huuon of 1hc folio\\ 111g denstl)'
foc1ors :
• 2.15 J"'rsons per 011c-unt1 ~ J\\rlhng,
b I .R pers<•ns per mul11 fom1l i• WIUU:llWI dwclhn~ ..-mil ouee lt•d d ·ell in ~, er ,.,.. u1)il
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c. I .S persons per uni1 "11hin a developmcnl ,mended for, and qualifying as, "housing for older persons" pursuant 101he Federa l Fair llous111g Ac1 (42 U.S .C. Ssc11on 3607(b)(2), as amended). • In the cvem 1h31 n developmenl intended for "housing for older persons" foils 10 qualify for such status under the applicable provisions of the Fair Housil,!! Act or pcni11en1 regulations, or hav111g achieved ~uch sta1us lher<aller relinquishes or olherw,sc foils to main1ain such status. additional land dedication or cash-in•hcu payment shall be r,quired. based upon lhe appropria1e denstty factor set fonh in this subsccuon ~ The City Council of the City of Englewood. Colorado hereby au1horizcs amending Tille 16, Chapter 9, Sec1ion 2, Subsec1ion A, ·'Nonconfonnlng U.te of B11ildillg or Stn,ct11rc .. of 1he Englewood
Municipal Code 2000 and the enacunenl of 1he new pro1•is1ons 10 read as follows:
16-9: NON CONFORMITIES:
16-9-2: Noocooforml ug U1tt,
A Nonconforming Use of Building or S1rue1ure.
I. The nonconfonnmg use of a building or s1ruc1urc may be contillucd. excepl as otherwise pro1<ided
herein.
2. A nonconfomiing use in a Flood Plain Ois1ric1 may be modified, allcred, or repaired 10 incorporaie
tloodproofing measures , but shall no! be extended or expanded,
3. The nonoonfonning use shall not be changed 10 a different nonconforming use .
4. The nonconforming use, if changed 10 a conforming use, may 1101 thereafter be changed 10 any
nonconforming use.
S. The nonconfonning use shall not be extended or expanded. An "extension or expansion" shall
include any increase in the floor area of 1hc building or struc1ure in which the nonconfom,ing use is
conducted or any expansion or rclocniion of the nonconfom1ing use, in whole or in pan , 10 a
different pan of the building or structure.
6. The pcnniued accessory uses to • nonconforming use shall be those existing on th.: effective dale
of this Title. and lhe ini1ia1ion of additional 1eccssory uses shall not be pcnniucd after that da1<.
exccp1 as follows:
a. A nonconforming rcsidcn11al use in any zone dislrict shall be pcm1i11cd to im1ia1e a single home
occupa11on, subjcc1 10 all applicable sta11durds suned in Secuon 16-S-4.C'. I EMC. "Home
Oceupa1ions",
b. A nonconfom1ing rcs1dcn1ial use shall be penmucd 10 cons1ruc1 a rcsidcn1ial garage or carpon
1hat otherwise complies with tlus Tille.
7. A oonconfonmng Wr&-w8tf lmWi:lmLl dwcllmp con!Amins (WO umts use shall be pemuned "'add ct
sq,ara1c waler and sewer line for each unJI, and such addition shall 1101 be dccrncd 10 cons111u1e a
change 10 a differen1 nonconfrrrning use or an ex1cnsion or c,pansion of 1hc exis1ing
nonconfonning use
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'I If lhe mlncm1lim:i1,1g use 1s thsconunued for a pcn0tl of nm: hundred eight) ( I ~fl) thys or mNc. n:g0:rdll~, nl nu)' 1111cm 10 r...•,ume l'\per:llhllh. r111~ fu1urc u-.c of t he hu1ld11 1,g, or ,1rul'tUrl' mus1 he., confonmn~ use If a coiikn111ni! hu1ld mg "r s1ruclure ccm1am1u~ a nonconfl'n,1111~ u~c 1s d~lrl•)'c.."t.l nr damap.t--d to the extent ~,r more 1han ~ixt) percent l60°11) of its \'aluc. us dctcnn incd pursuant to the method of mlua to c>n 1>f buildings li>r 1hc issuance nf n bnilding pemul. any fu1urc use of 1hc rebu,11 or rcSlortd hu1lding nr 51ruc1ure shall b,· n confomung use I It\\, ever. a legal nonconfonning one-uni1 d" dhn~. on the cff«u, e da1e of 1h1s 1 ule. localed m a bu,iness e>r mdusmal rone d1stnc1. ma,· be rcliu1h or re<:on<1ruC1ed and used as a one-unu ,l"cllmg ,r a building pem,11 for the d\\cllm~ m;u is ,,ppltcd for wulun one year after 1he des1ruc1 ·"" nr damage occurreJ Fun her. a legal nonconfonninit ._
llAit dwell in~ lj1lllli\inj ng 1wo uniJs. oro1 h,· cffcc11, c date of thts Tu le. located III an R-1 -A. R-1-U. or
R-1-C rcsiden1ia l zone dis1ric1 mny be , cbuih or recons1ruc1cd nnd used as o I wo-untl dwelling tf o
buildrng pcnnn for 1he 1 •e 11a11 a mylf•·IUlll d"cllln• coptaunpg t)l'g ypjts t> applied for "ilhin one
(I) year after 1hc destrucuon, r damage occum:d.
~ TI1e Cily Council of1hc ( 11y r: rog!ewood. Colorado hereby nuchonzes nmend ing Til le 16.
Clmp1cr 11 . Sec1ion I, Subsec1ion D NumLcr (.' 1. 'Household Li ving" of1h e Englewood Municipal Code 2000
and 1hc e11nc1men1 of1hc new prmisions 10 read as follJws : / S11bsec11011 {) /111mher (I) "Grn1111 LM11g" 11111!
N11m/i,,•r (!I "Hom,• Care" are 11m·hu1tgi!d and omitt•Jfrom 1hefollu11111g /
16-11-1: Use Classlfk11lo ns.
D. Re.,idc'll tia f U,e, .
.. Clwroctert.'110 This use cn1cgol)' is charac1eri,cd by residenlin. occupancy of a dwelling uni I by n
household. Tenancy is arrn nged on a mo n1h-10-111onth or longe r basis. Commo n accessory uses
include rcc rcn1ionnl ac1ivi 1ics. raising of pe1s. gardens. personal s1orage buildings. hobbies. and
parking of lhe occupam's ,chicles. Home occupa1ions arc subJecl 10 addilionnl ••b'lllarions. Sec
Sc.:uon 16-~-I.C.I EMC.
h. Sp.:dfit-U,,, Type., This cmegory tncludcs 1he followi ng use 1ypcs:
(ll Live/Work 0 \\clling. A combrnauon oi rcsiden1inl occupancy and commercial aclivuy
localed within a dwelling unit. A 'h,c work d"elhng' use is a principal use and 1llc
conuncrc1al ac11vi1y 1s 001 a home uccup:11ion. Typical worlc 8Cll\tlt"1 111 a llvci\\nrl
d\\clhng m.,y ,ncludc, by way of example only. prnfos.stonal sen ices. craft\\orlc. an
s1ud10s. jewelry mak ing. fobricm,011 of clo1h goods. and nlhcr similar ac11vi1 ies.
(2) Munufoc1ured I lomc Pork . A 1rac1 ol lnnd. ci1her 111 •in~tc O\\ ncrship or dl\'idc-d 11110 blocks
and/or lots "hich may be m sq,arn1c ownerslup. "h1ch has hccn developed w11h 1111
UC<:<$>111) focthllc. and scn1ces m lk.'C<lrdance \\ 11h a »le de.elopn1en1 plan. nK,-ctmg all of
11,c rcquiremcn1, nf thts Tulc and which 1s 1n1endcd for 1hc exprcs, purpose of pro\'iding ft
sa1isfymg living cnvironmenr fvr mn11ufoc 1ured home rcsidc111 s 0 11 n long-1cn11 occ upancy
bnsis.
(3) Mul11-Um1 Dwelling A dwelling conlatntnl,! ~ Ullill or more dwelling unus, w+III
1111-<~ efli0g Ytul& leoal•d 8 R lh• 6111ne ldl er P""'•I. l;,•"f'I IRIII if 1he do elhRg 19 dl!S1gRod
wtti, N 6fU!81 10 68f'AAUI! aleeuie. , ateF. 8fHI ges \llilil)' 08fffll!811 01ld HRd eonu~e " ..... 11
oa 11e1~1 e1ia11 10 ell !"" Melt dwell in~ 111111 te ee le~&l•d en ils ewn Ro1rnre 1e lei 1l11a>1~h n
,ttl•J p, '"'"" aA,, i:,lfftlle@ .r '"" h,111,hnj! ~•nnll. ,11 •• lh• d .... 11,11~ J,.11 "'· • ''"' '"'" ~ "'" U,ut ,, IIPelu,d g., ellii•t! ,, I'll•"'"' d" ellmi! AIIAoh,d •~ ~"• 11) H '"""' o!ne unn du •lhAgta. I • 11h ••• ~ d" ,11,nt! '"" le••ietl "" Iii ""'" ••r•fi!le 101 .•• I """" tho a"'ollinj! is doa,gned • i1l1 ,esp••• 1, se11eF<1le •lem,e, "••••• a,ld @il<I uiilily ee1111 ee:io11s eed @BHIRIBR ,. all e011s1rue11en 1e ell,w-,0eh d· ol hAt! """ '" he leeeied en'"• <11 ,opaffll@ Isl 1hm1th a s•hdhsie11 eAor issue11ee ef 1he huil din~ pem,il (S 41 One-Unu ~ Dwelling. 1 one-unll dwelling 1ha1 is nol auached 10 any other d\\elling hy any mcons. and 1• ·a1cd on a separau, IOI from any other dwelling uni1. A
one-unn ~ dwelli ng ,, ! '"' lude a mnnufac1ure<l home in compliance wi1h 1he
,1nndards set fonh in Sec1iCJ1 111-S-~ A ·. F.MC.
(ll~l One-Unh ~ Dwellin~ "~ n Sr-·JII Lot. A onc-unil eeleel!e4 d"clhng siled on a
·small IOI," as 1ha11em1 is de;. I 111 Section 16-11 -2 EMC (Def111i1ion of Words . Terms.
and Phrases). below
1-+l +w&-Utli1 Ekelli11g, A dvelliag oea1aini11g I e !21 d olli•g •mis: e11oep1 1ha1 1f 1he
Eiwolliag i· des1g11•Ei , 1th ,e;;pea1 10 •"!llfflle elee1Fie. • >am, &Ad gas u1ilil)' eoR11ee110AS RRd
0e111mon • ••II eenstn1e1i011 10 elle• , •a•h d ell in~ uH>i1 1e he lee•,ed ea i1s e "'se~a,ate lei
threugl, a &ul!di isie11 aile, is!illanee ef 1he hu1ldieg pemui. lftl!II 1110 dmoll1ng !!hall he e
·••• u1111 auaehod d elliftg.
c . Ex,-.p1w11' Lodging 111 a dwelling unit or where urnts nrc rented on less 1han a month ly basis is
clam lied in 1hc visitor acco1111t1oda1ion use ca1cgory.
Section 16. The l'11y Council of the Cily of Englewood. Colorado hereby authorizes 1hc amending Tille
16. Chapter 11 . Section ~. ·•Ocfinilion of Words, Tcnns and Phrases" of 1hc Engk-wood Municipal Code ~000
10 read ns follo" s and 10 be insened In alphabetical order:
16-11-2: Dellnhion of Wor ds, Terms, a nd Phrases.
A Undefined Tcrrns. For words, tenn,s, and phrnsc . used in 1his Title 1h11t are not defined below, or
elsewhere in 1his Title. the City Manager or de.igncc shall inlcrpret or define "AA:h "ords. lcrms. and
phrases. In m:,king such 111terpretn11ons or dcfini1ions. 1hc Ci1y Manager 01 dcsignee may consull
,eeondary sources related to the planning profession for lechnical words. terms and phrases. includmi bu1
not limi1cd 10: A Glo<S•'} .,f 7.onm~. Ocvclop111en1. nnd Plnnning Ttrrns -Plann111g Advisory Service
Rc110n 491/492. edited by Michael D11v1dson and Fay Dolnick (American Plnnmng Assoeintinn. Chicago,
Ill . 1999). A Surv~ of Zoning De i'n111ons • P)nnning Ad1isory Scl\icc Rcpon Numbct 421. cd11cd by
l 'racy Burrows (American Planning \< 1L Chicago. Ill 1989); Zoning and Development
Derimt1011> for the Ne,1 Century. e<lited b) M1chacl Da11dson. m Zonmg Ne"s (Amencan J'lannms
Associauon I 9Q9); nntl lne lllusmnc<l Boo~ of De, elopmcm Definitions. by Harvey l>.
Moskownz • i Lindbloom (Center for Urb-1n l'o hcy Rcsc.,n:h. Ru1gers Umvcrsny. NJ. Tlunl
Ed111on. 1987) 111c \.'11y Manager or d,•s11,"1ee 11,ay consul! Webs1cr's Unabrid~cd Dic1innary (Random
tlousc Reference and lnfonna1ion Publi shing. New York. 1997). ns suwlcmcntcd. or other a1·a1lablo
reference source for olher "orch, 1cnns. and phrase s.
ll Ocfimtion of \\'olds, frnn,s, and Phra,<>.
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&ti um/ 8 reuA(t1<1: A specific 1)1"' of v1s11or aecol1Ulloda11on use. A commerc1al cs1abhshmcn1 opernted
man O\\ncr-oc~ur,,ed. smgle-f.111111\• ~ dwelling uni1. or ponion 1hcreof (mclud:ng an ncce'ls ory •
bu1ldinit) tha1 rro11des s hon-1erm 1·1s11or lc>dgm~ (gt-ncrall y stays of 1h1rt) (301 days or l:ss). wnh or
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"11ht,ul tlic ~en 1cc ,11 a 1nom1n~ 1ncal ,,nl}. anti,, hen.· the oix-r.u,,r 11\'l'I\ ,lll the rn.'1111:,.l')I. ~t' 1nnrc 1h;111 ,,x tt,l µuc~:,r. m;,) he :1c,()llllll"dm~d a1 n11y 011c tune Sec tlcti0111,,n ,,r ··\ · i,,h,r ,,~,,muKxt.,111,11·· l>irdhm: An} btuldml! t'r J'{'nu,n of hU1IJin~ 1h,11 •~ u~cd as 1hc residence of one (I) ,,r 11lC'r,-l1<mSdli•lds. hu1 t¾>I 111cluJ111i; k•1,ls. ~eJ APJ ~n~l,111<1 '6IAl,h.l1a1,111 ., jJ~ll llI, 11c1;1>mmo(l;uiQ11~. duh,. hl,'ipn ,11~. tc11 1s. or s11111 l,1r u:.cs rro, u.hng lr:11\.)IC:lll l•r h.·mporal) • ..;c,,mmod:111C\n. O.,d/iitg. l,1·~ lf'or~ 1\ spec ,lic l)lJC of ho u,chold 111111g u<c /\ combina1io11 vf 1csukn11al <><cupanc) and commercial ac1i,11y located \\llhin a dwelling unn. /\ "h,cJwork d\\clling" use is o princ1p:1l u,c onJ the co11ui1ercinl octi,it) is not a honw n1:cupa1ion l)1>ical ""'~ acmmcs 111 n live work dwelling 1113) include. b) way n( example only, profcs,ion.,I S<.-niccs, craftwo~. an ,iudios. Je1,elry wa km~.
fabricauon of cloth g,.ods. and 01hcr sunila r ac1 ivi11es Sec definit>on of"llousehold I ivmg".
D11..,//illg .. \(11/11-Unit. A specific l)lJC of household h,·mg use. /\ dwelling containin g ~ lll:ILU) or
more dwell ing units,, ith •II dwl!lliog •nils loae ml on 1he smfle le1 er ~•"'•I. [11••~11h01 ;r t-1,0 &· ·olliug
1s des,gnoe "uh ri!Bpeat le 1epara1e elee11S e. ·••••· 111,d gas Yl il iiy 0Bo,noe1iens end een1lft □1'. •All
eenotNelien 10 ello • eneh d·, oiling •nil lB bo leeo1ed BR iis e,, 11 •"1!&ra1e le t 1hF8•gl• • ••kdi A~ion oAor
iSSY&tlee or tho bllildiqg pORflil. 11,eo IRO d•>'olliog shall be 8 BRO IIHII Bll&ehed do·ell i•~ See dellfl,11011 of
"llows ohehl bhRJf.
D.,,efli11g. 0 11c-U11it: A d-.vdling comaining no more than one (I) dwelling unn .
~•c.W•i;. 0" 1,1,,;, ,lll,,ellu1. ,o, 1 ~ee,lle 11,i• of hous eho ld lil'ing wse, />. ~ne llflll du •ell ing au eehod le
OHO (I) Of mere e n@ IHtil du l!ll ings. ~th eoeh d elhng YAil loeRt ed on ils 0 n so~AFM@ let, er Y heF8 the
dwelling is deoig•ee i1h re;;pee110 ,.,,...,.,. elu1Jio, , nte,, ••d gos w1i li1y oonnoo110Hs end eol!lmoH •811
ll&HSINetien 10 allow 0888 ii •lli•g ••lit 18 90 loeeiee 0~ ils 0' Al S"l!&rolO 101 tk,eugh. suMi -isien .n ..
iss11enoe ef1ho huild1RJ! pellll~ iloli1111ion o; "I leusehelil biui•t!"
Dwelling, One-Unit ~-A spcc1tic type o f household liv ing use. A onc-uni1 dwelling thal is 001
onached 10 ony other dwelling by Ott) mean,,, and is located on a sepamle 101 fro m a ny ot her dwelling
unn. /\ onc-u nn ~ dwelling may include a manufactcred home m comrhance "uh 1hc srn ndnrds
set fonh m Seel ion 16-5-2.A.3 EMC. See delini1ion of "llouschold Living".
Dwelling. 011e-U11ir ~-011 11 Smull lot. A spec ific 1ypc of House hold living use. A one-unit
ile!eelie!I dwell ing si led on a "small IOI." os that 1en11 is defined in Sccuon 16-11-2 EMC' (Defi nition of
Words, Tem,s. and Phrases I. be low. See definition of "Household I wing•.
i:>w,,11;"~· ll ,. b'11i•. A 6pee,lie ,,,,e or he 11seholel Ii •lllg •••. ,4, ew•llillf! OUlll&IH illj_! , .. ~ l~I Q't elhng
"•its: •*••pt 1h01 ,r 1he ilo-ellir,g is dosigned ·-.uh rospee! 10 sep•role eloetri<>. ,. ete,. end gH •11li1y
eeAfloe11~H!l &nil •o-• ,,'1111 ea1l!IINeli0n 10 ell e • 8',el, ii -.elliag HRH 10 ~• leeatotl 0• its B'"" ~•peH110
1~, ,1,..,•~lt e swhd,.,is1011 efter isslff!nee of 1he e .. ildi•t! ~@fft'lll , 1hon 1he d ellin~ shall he -
eneehe d d.,.elling . See 1lefo,i1i 0n er"l lewsell •ltl b i· inf'.
n11l'lli11i: U11i1 One (I) or more rooms and a ,mglc k11chcn nnd m lcasl one ( I J ba1hroottL designed.
occupied. or inlendcd for occupan<:y as separate quaners for 1hc excl usive use of a single household. for
household h, ing purposes (i.c. livln~. cooking. and sanilory purposes). IOC111cd in a dwelli ng.
/,111, S111<1/I A legal 101 of record c~isung on the cffec1ivc dale of1his Tille thet ts e~11el 10 pr less 1ka11 si*
the•send {6.QOO\ •111111u r..e, ma••&. ond II e~••l •e "'lerge~ 1kaH the 11'6ret'-f>H w)lere 1he !01 width pr lo1
~uluw 1be mjnuuum .11a1><1Ard for P Po£·11Aii dw,l~!llUll..lll.r~suic1 m wlud, 1he l1!1 ~
lqwg.
~ +h@RnMmnt111 ·•51na11 le, .. 1fl l AFce F@flUIFeil 1n 1he, 01J,h1:!ol•le 1·111111t¢ H1 s1F101. ••r
-,:,,, · ,.4,.., , 6,e tlelicu1w 11 af··g .. •11111~. 0 11e lltltl-A+I""""" Secuon l 7. Pur,,uani 10 Anode \I, SecuC\1140, of 1he F-n~lc\\ood llomc Rule Chancr.1hc CII) ~ounc1I lms dc1cnmned that 1h.-Ord111J11ce ,hall n<>I k puhh,hed bccau,e of 11s si1.c •\ <'Of') is a,a1lahle 1n 1he Office ol the EnglC\,.,.,d C11y "lerk. ~ ~-Safety C'lau,e,. 111c CU) C1>unc1I hereby ft11d.l, de1emuncs. and declares 1ha1 1hi, Ordinance is promulgated under the general p<>hcc power of l~c Cit) of Englewood. lhal II 1s promulgated for
the hcahh. safety, and welfare l'lf the pubhc. and 1ha1 Ibis Ord1na11<,-;, is necessary for the pre.crvauon ofhca!lh
and safety and for the pro1ec11on of public co11,·cn1ence and welforc. The C'i1y C<'uncll run her de1ermines 1hm
the Ordinance benrs a rn 1io11n l relat ion 10 1hc pr11per legislative object snughl 10 be obtained.
~. Se,erability. If any clause. scn1enc:e. paragroph. or P3n of 1h1s Ordinance or 1he apphcauon
1htrcof 10 <ill)' pcnon or circumstances shall for any reason be adjudged by a ooun of conipc1en1 junsd1c11on
in1·alid, such judgment shall nu1 nffec1. impair or ,nvahdme 1he remainder of1his Ordinance or its applicmion lo
n!her persons or circwnsla nces.
~-JnconsiS1en1 Ordmanccs. All ocher Orditlancc$ or ponions 1hercof incons1s1en1 or con0ic1mg
\\llh thcs Ordinance or any poncon hereof arc hereby rCp<'aled 10 the extent l'lf such inconscstency or conOicl.
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~ filToc t of repea l or mod ifi coJjon TI1e repeal or modiftClltion of any provision of the Code of 1hc
Cuy of En~ewood l i• this Ordinance shall not release, ~1in1,'llish, ahcr, modify. or change m whole or 111 pan
any penalty, forfeiture, or liability. eilhcr mil or crimmal. which shall ha\'c been incurred wider such
pm,~sion, and each provision shall be ircated and held as still remaining in force for 1hc purposes of sustaining •
any and all proper actions. sui1s. procccdinss, and prosecutions fo r lheenforcc ment oflhe penally, forfeit ure, or
liobi lily, as well as for the purpose of sustaining any judgmcm. decree. or order which Cllr or may be rendered.
entered, or Dl:lde in such actio11!1, suits. proc«dings, or prosecu1ions.
~ ~ n,e Penalty Provcscon of Section 1-4-1 EMC shal l apply 10 each and every ,·inln1inn of
1!11s Ordinance.
lmmduced. read in full. and passed on first reading 011 lhe l 61h day of June. 2008.
Puhhshcd by fltlc as a Bill for an Ordinance nn lhe 20t h dny of June. 2008.
Read by lllle ond passed on final reading on the 2 1 s1 day of July, 2008
Published by 111le as Ordinance :,.lo._. Series nf2008. on the 2Sth da) of July. 2008
A1"rEST:
James K. \Voodwanl. Mayor
Loucnshia A. Ellis. City Clerk •
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I. 1.(lucn,lm, . Hli .. Cuy Clerk of1hc Cu~ nf Engle\\cx,d, Colorado. hereby cen,fi 1ha1 lhc, bme mid fore ·o,ng ,. n true cop) l\f 1hc C rdinancc p ,cd lln linJI reading and puhlished by 1i1le a., Ordmance o _ . 'S ,n,·, nf21HI~ Loucrishia A Elhs
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ORDINANCE NO. SFRIES OF ~008 BY AUTIIORITY COUNCIi 1311 I. NO. 44 INTRODUCED BY C"OUNC'IL MEMBER MOORE AN ORDINANCE Al'PROVING Tl IE PURCHASE AND SALE OF TWO COLORADO
DEPARTh1ENT OF TRANSPORl ATION (COOT) SUR.PLUS PROPERT IES I.OCATED
ALONG SOUTH SANTA FE DRIVE BY Tl IF C T Y OF ENGLEWOOD, COLORADO FOR
Tttc PROPOSED REDEVELOPMENT.
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WHEREAS, 1he Colorado Depanrncn1 ofTransponation (COOT) has surplus property avnil ~b:,•
ndjacenl 10 1he I lighway 85/Soulh Sanla Fe righl-of-way. consis1ing of 38,948 square fttt. which 1s
only a,-ailable 10 1he Cny 11f Englewood pursuanl to a Righi of Firs1 Refusa l: and
WHEREAS, Jon Cook wishes 10 purchase 1hc surplus propeny from the Cily for the purpotr N
conveying 1hcm 10 Na1han ElinoIT ror redevelopment as Lollipop Park: and
WHEREAS , 1hc Cuy is only ac1ing as o conduit for this trnnsnction and d, ~,, wish 10 incur
any liabilny for being such a conduit, and
WHEREAS, 1hc City will pun:h'l>C the COOT pmpcnics fo r $381,090.60, and for 1he same
amount will immcdia1ely convey ~1c property 10 Mr. Jon t:ook who rn exchange will acquire the
property on the northwest comer of Broadway and Da11mou1h for rcdcvclopmcn1: and
WI IEREAS , these property exchanges will convey 10 Mr. Cook only what the Cily receives
from COOT:
NOW. Tl IEREFORE , BE IT ORDA INED BY THE CITY COUNC Ii. OF THE CITY OF
ENGI.EWOOD, COLORAOO, AS FOLLOWS
~-The Cuy Council of 1hc C11y of Englewood, Colorado hereby approves the
purchase •nd sale of1hc propcrti,·~. Parcel SR and Parcel 37R. described in "Exhibil A."
~-The Mayor and lhe Cily Clerk nrc hereby aulhori:a:d to sign and atlcsl a Quit
Claim Dctd for 1hc s;,lc • f 1his property. in a form as sho\\11 ,,n "Exlub11 D".
~-·111e Ci1y Mau:igcr or desi~'11CC 1s hereby author, ·(.'CJ 10 sign 1he Closing Docu111en1s
for the purchase and sub~.-,uc,11 sale of I his property,
lmroduccd, read 111 lull, and pa,scd on firsl reading on lhc 71h day o f Ju ly, 2008 .
l'u hlis hcd o, u B,!I for :111 Ord inance on the I 1• doy of Jul y. 2008 . Read by llllc and passed on final rcaduts <•n the 21~1 day of July, 2008. Pubhshed by lltle as Ordmancc No._. Senesof2008. on the 25th day of July. 2008.
ATrEST:
James K. Woodward. Mayo r
Louenshia A. Elhs, Caty Clcrt
I, l..oucrishia A. Ellis. City Clerk of th e City of Englewood. Co lorado, hereby ccnify that the
above and foregoing is a true copy of the Onlmancc passed on fi nal reading and published by
title as Ordina nce No. _. Sen cs of 2008.
Loucrislua A. Ellis
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• EXHIBIT "A" PROJECT NUMBER: NH-FCU 085-2(51) IXFU 085-2(24) PARCEL NUMBER: SR October 30, 2001 DESCRIPTION A remainder parcel e>I land No. SR of the Department of Transportation,
State ol Colorado, conta1nmg 23,546 sq. It., more or less, in Lots 9, 10, 11 and
tha t part of lot 8, all in Block 1 of CARROLL AD!)IT!Of~ 1n the SE1/4 of the
SE1/4 of Section 33, Township 4 South, Range 68 We;;t, ol U • r::~h Princip,
Meridian, in Arapahoe County, Colorado, said remainder parcel of land b€ing
more particularly described as follows:
Commencing at the NW comer of the SE1/4 of the SE1/4 ol said Section 33;
Thence S. 00° 13' 11' W., along the west line of said SE'1/4 of Iha SE1/4, a
distance of 88.04 feel, more or less, to the TRUE POINT OF BEGINNING;
1 . Thence S. 71 • 35' 41 ' E., a distance of 278. 75 feet;
2. Thence S. 18° 26' 09• W., a distance of 34.71 feet;
• 3. Thence N. 69° 43' 15' W., a distance of 2.00 feet;
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4. Thence S. 22° 07' 22' W., a distance ol 55.48 feet, to the south line of
said lot 11;
5. Thence N. 71° 35' 41' W., along the south tine of said lot 11, a distance of
243.57 feet , to the west line of the SE 1/4 of the SE 1/4 of said section 33;
6. Thence N. oo• 13' 11' E., along said west line , a distance ol 94.74 feet,
The above-described remainder parcel contains 23,546 square feet, more
or less.
BASIS OF BEARINGS The astronomic beanng of N 88° 00' 18' W. lrom
CDOT control point 'Platte' to COOT control point #1-285 was based on a solar
observation. Point 'Platte is a 3 1/4 • aluminum cap in grass 'belt' 40' south of
Hampden Ave. and 500'+/-west of South Platte River Dr. west. CP 1-285 is a 3
1/4 aluminum cap 30' south of Hampden and 1425' west of point 'Platte.'
Prepared by and for the
Colorado Department of Transportation
James D. Styron
303-757-9924
2000 S. Holly St., Denver, CO 80222
_o.J .... ··---.... _.,.~-.. 'l:f CDOT ~J IE~ r,..,303-75·,-geu N:l\• -~ '01 I: 18 l,)."•:· ,. PM.:>Jt:;1 t'O. tiff• r4.-Qt S•lt)11 PUCtL )IC). :,;.,-11017.231 mi l 50 ,i. LUCt H ,-ro .. l It l u .d "" l1•t,, ., ttu DeJi•in..nL of 1'1:~,1,c,.rc.•tion su u ., C.OhH:ia, 1:,o::·«r. ,ro ~•-rco Jn•: :u,. :ruv OU-UH) ··"'·•ia.ti.o U, J U a q tl , n>rc. ~, l u,, ill k:1 o, 1,, &U u, d1 L& lloc.). l oc QQOU ADOltJt.i, l" ::--sc:/t ot I.~ P:l /4 o C .. i::li-u, T•otaallt,, 4 IW\.~, ~--• O W.at of tM S..r:b f:l.ncip&: kc.ddin, la .lnp,&11,ff Cx-ut.p, Col.eudo,. ,1 a !.d u •1a. 01: p•rc.•L of la/'td troJq aou p •ct:lc:vlarlr din=:t"llii.~ u tc.Uow&1
l tVlMia, « lh• !<tll CUIIU ., lM !ltl/C of L►-• $Cl/4 oC ··-• k.CtiOft :u,
!h tnc e C,, o • 1)' H" 11 ., 110119 t..~• "'41.tC. Uh' ~, u l d $t1/i of t.h1 C-ll /4 . •
1nua:u11: ;! 1'1..12 t eu., t.o t."'• ~ c:omot' •~ 1 Ud Lo:. lS, aot'I: or .L.11, c.o
t.h• !'llUt ,c:n OT tst.QJta:'l~G:
1. rh,no• l. ,~• l!' •1• G., 110:\9 t~ noith l,.J.ric o! t.o\ U, a aJ.ecuc c
ot 21,,,u f H t'
,. T'h.ftn s . 21' ,,. :J• w •• • di.lune• G-! lS.1' , ... t., u, Uu; ,lO'lt.h u .. or 1.,cr;; 11;
). n-.nu •• '71 " :!· 4!"' tr:,, ., ... u ld , ... :~ l~ • dJ.at,UC'• •t
U •.~1 te~ ~• tke _,.e.at. U.ne ol ui.d !t!/t ol t!A SUI • ot H~O• .,,
4 , tht l"lo• 11. co• ll' u• c., alonf aU.ci vw.at. liu, ,. c:J.,t.u,n ot •,._,\
tte t., t.o th• "Ort.A !1~• o: u 1d. loot H, IIIOd or .• t u , \.o 1th• 1N711
POtH'T or noott.tNG.
WU or l'LU.!.'tGJ,: Th& Htro1ua.l.t !Madt19 of IC 11• 00' 1 1• M. fa"O. CDOT
coauol po.lal ·,:..tu1'" t,o ~ OOf\tlOl point. fJ•2U ¥U buod Oft • l ol.U
•~E"l,Hlot.. Jola.t •Platt.• u a l 1/r a L~.a c.&p tn i;uu •0&11." 40'
ao(n:;~ •C. itulpdu A•e. ~ ~GO-./• IIP H L ot 1eutlli Plctt.e iu.-u Dz. "'"t . ct
1•?1$ I.a t l l/4• •'~ c., )I' IO'lth of )IUpQ,t:, &Ad. Jin~ WU! OC: p!IL:lt ·,:..,, ...
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• r,r:a1Farm [Ullbnll
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S!!l: ATTACHED lF.OAJ.. OESCJ\frTfOII FOR!'MCl!L • ATTACll!D 11ERrro AS PMT OF EXHIBIT•••
SUDJ!CTTO ••l' •nd•ll e1111ncai, •fra<ord, and to,ny and 1/1,,in"I 1>10ioo," ......,,,cd, and for1h,ir tn1u11,n1n" uu~nry.
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STAnOPCOLOllADO )
~-~~On•~ 1--
DEPAR?MJ:1,7 OF TIIANSPoRTA TION, STATEOPCOLOJIADO
~~:,;:::::n:;:s.,""w"S::.,~J.7~'T.'t..rw~~.,2:~s...;c......i.;:
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Lou Ellis From: Dan BtolZman Sent: Fnday July 18 2008 1 05 PM To: Nancy FnlZ . Leigh Ann Hofflunes. Lou Ellis Subject: FW Thank you
From: Dan Brotzman
Sent: Friday, )Jly 18, 2008 1:04 PM
To : Gary Sears; Jim Woc.Jward; John Moore
Subject: FW: Thank you
From: Dominique Cook [mallto:dgcook20@yahoo.OJm]
Se nt: Friday, july 18, 2008 10:35 AM
To : Dan Brotzman; Gary Sears; Mark Graham
Cc: Jon C Cook
Subject: Thank you
Good morning,
My fo1her asked me lo write lhis email on his bochnlf. We would like to thank you for your assistnnce
over the last few weeks. V .: greatl) appreciate your efforts.
As you may know, we decided not to move forward with the CDOT parcels, nnd therefore there is no
need 10 have a presentation. However, we will be purchasing the property on Dartmouth, and we will
close some1imc in the spring of next year.
'lnank you ,cry much for your lim~ and help. II ave a nice da)'.
Sincerely,
Dominique G, Cook
Colorado Commcn:iul Capital . LI C
1714 Sou1h Bro:1dwny. Denver. C'O 80210 Phone: 720-3:!J-7292 Fax: 303-733-2 I 79 Page 2 of2
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COUNCIL COMMUNICATI ON Date: luly ~1. 2008 Initiated By: Age nda Ite m: 11 Ci Community Developmenl Depar1men1 Subject: 2008 Pnvate Acuvity Bond Cap Allocation Staff Source: Mark Graham, Senior Planner
CO UNO L GO AL ANO PREVIOUS CO UNO L ACTION
• Council discussed the annual Privale Aclivity Bond (?AB) assignment at a Study Session on
July 7, 2008.
• Council considers assigning the PAB Cap Allocation annually.
• Council adopted Roadmap Englewood: 2003 Englewood Comprehensive P.an. The
Housing element Includes Objec1:ve Z-1 : "encouraging home ownership."
RECOMMENDED ACTION
Staff recommends that Counci l adopl a Resolution authorizing assignment of Englewood's 2008
Private Activlt) Bond (PAB) Cap Allocation ~o the Colorado Housing and Anance Authority (CHFA)
for home owne rship programs.
BACKGR OU ND, ANALYS IS, ANO ALTERNATIVES IDENTIFIED
TI1e State of Colorado allocales Prlvaie Activity Bond (PAB) up to jurisdictions eligible 10 receive
more than one million dollars of PAB. Englewood was allocated S 1,368,116 for 2008. Englewood
became an en titlement comm unity for an allocation for the first time in 2002 . Prior to tha~
Englewood was eligible to apply to the State for PAB.
In 2002 1hrough 2007, Englewood assigned its !'AB to the Colorado Housing Anance Au1hority for
home ownership programs. For man\ years prior lo tha t, Englewood npplled lo lhe State to assign
Its share of PAB to the Me1ro Mayors Caucus mongage bond program admlnlslered by the City of
Denver. That program also provided home loans.
The City typically does not assign 1he PAB unul mid-year, dost to the Sta1e·s Sep1ember 15
deadline so lhM 1he PAB may be available fo, ari e ligible loca l projecl. No PAB el igible proiects
have been proposed In Englewood ye1 this vear
FINANOAL IMPACT
The Resolution assi ,11~ nglewood's enure ?008 PAB, ~ I, 1611, I 18 to CHFA for Home Ownership
programs. If 1he Cou, :i lakes no ,1C1ion, 1he PAEI would reven 10 1i,-,:olorado Departmenl of
Loca l Affairs for asslgn1nen1 to eligible Staie agencies
LIST OF -.TTACHMENTS Assignmen1 or Alloc.,1100 Resoluuon •
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A. Ki IE T OF I LOCATI O Thi A. ig11mem or o\llo..-au nn (1he • A ignmcm "l. d,ue d 1hi dn~ of Au •11>1 200 8," bct\\een 1he (11) of Engle"~ Colorn d,, (th r • ign,ir"t and the olornd" Jl uu,111 • and Finance ,\uthont ) (lhe "A ignee ") WITNES ETH :
WHER EA , the A ,gnor and the A ignee nre aurhori ,l!d and empowered under the
la" of the late of Colorado (the "Stale ') to is ue re,enue bonds for th< purpose of pro , idini.;
single-famil) mongage loan to low• nnd moderate-income persons and families; ru1d
WI IEREA , the Internal Revenue Code or 1986 , as amended (the "Code "). res1ri c~ lh t
nmounl orlll~-cxemp1 bonds ("Priva1e Activity Bonds") which may be issued in the S101 e 10
provide such mongogc loans ru1d for cerrain other purposes (the "State Ceiling"): ru1d
1· 1EA , pursuant to the Code , the Co lorado legislature adopted the Colorado Privott
Activity I.. J Ceiling Allocation Act, Pan 17 or Anicle 32 ofTitle 24, Co lorado Rcviserl
tatutes (the "Allocation Ac t"), providing for the all ocation of the Sta le Ceiling among the
Assignee 1md other govcm mentol units in the Stole, and fun her providing for the assignment of
allocations from such other govemmenlll l units to the Assignee; and
WII REAS , pursuant to An alloca tion under Section 24-32-1706 of the Allocation Act,
the A ,ignor lms an allocation of the 2008 SU11e Ceiling for the issuance of a specified principal
amount of Private Activity Bond s piior 10 r otembcr 15, 2008 (the "2008 Allo::ation"); an ,(
WHEREAS, the Assignor has determined that in order to increase th , nvailabilily of
adequate affordable housing for low • and moderate-income persons and famil.~s within the ity
of Englewood and ctse,vhcre in the Stat e. it is necessary or desirable to provide for the utilization
of all or a por1ion of the 2008 Allocation ; and
WHEREAS. lite A ignor has dctmnined that the 2008 Allocation . or a ponion thereof,
can be utili1ed mo t efficiently by assigning it 10 the Assignee to issue l'rivatc Activity Bond s for
the pwpose of providing sin~le-family mo11gage l<lalls 10 lo\\• and modcrate•income person and
familie« ('Revenue Bonds•). and the Assignee has expressed its willingne 10 allcmpt to i sue
R.-cnue 81,nd with re spect to the 2008 Alloca1ion : and
WII EREA . th,· Englc",llld Cit) Council by Ordinance __ . Series uf 2008 of the
As ign or hru. dctennin~i 10 nss ign 10 the Assignee SIJ68.I I 8.00 of its 2008 Allocati on, nnd the
Ass ignee h s ![recd to ac ccpl uch 11S signmen1, which i 10 be evidenced by thi Assi gnment .
N W, Tl tER EFORE. in con;idcration ufthc premises and the mu1unl promi ses
hereinnfter set fonh, the panics hereto agree ns follows :
I. ·n1c Assign r hereby nssigns to the As ignee $1,368 ,118 .00 of its 2008
Allocn1ion. 11bjcc1 to the term ; and condi1ions contained herein . The Assignor represen ts thn t it
ha s received no 111011c1nry consldcrnlion ~ r said assignment.
2. The As,i~nec hereby accepts 1hc a,s1g11men1 10 II h) 1hc Assignor or • SI J6C. I I 8.00 or rusignor'< 2008 Allocation. ,ubJecl 1,, the tcnns and condilions conmin,-d herein The Assignee agree, 10 loSC its be:>1 elToru to issue and sell Rc,cnue Bonds. m one or more scri<>. and tom~~• proceeds of such Rev,nue llonds 3\ailable from time to time during the period uf mo (1) yean; from the da1c ol 1hi< As<1~nmcn1 ior the purchaso ,,f mMgage loans in a1 le,ist 1hc aggregat~ nmount ofSl,J6g, 11 8.00 to f1n ance ,inglc-fomi l)' hous ing facilities located in the Cily of 1:;nglewood. Unless otherw ise agreed 10 in wri1ing. the 111011gnge loons will be subject IO oil npplicoblc current rcqmremcnts of Assigutt's monga~e rcl'enuc bond program , including Assignee's income and purchase pnce limits.
3 The Assi~nor hereby C011set1ts to lhe election b) the A.ss1sncc, if the Ass1i;ncc m
its di~rciion so decidc_s, to uut all or any ponion oflhc assignment set fo nh herein as an
allocation for a proiect with a w,rry forward purpose .
~. The Assignor and Assignee cnch agree tl1al it will take such funhc· acuon and
adopt such funhcr proceedings as may be required to implement the tenr.s of this Assignment.
5. Nothing C0111tincd in !his Assignmen1 sha ll obligii1e 1hc Assi gnee 10 finance
mortgage loans in MY panicular amount or al any particular in1cres1 ralc or 10 use any panic•1lar
percentage of the proceeds of its Revenue Bonds lo provide mortgage loons to fir.ance s,ngle-
fami ly housing facili1ics located in the City of Englewood.
6. This Assignment is elTect:,c ~j)On execution and is irrevocable.
IN WllllESS WHEREOF, the partie; hereto have duly executed !his Assignment on 1he
date f1rst written above .
[SE AL)
ATTEST·
CITY OF ENGLEWOOD. COLORADO
By:---------
Jan.es K. Woodward, Mayor
By: ------,-------
Loucrish1a A Ellis. City Clerk
(SEA I.I
ATTEST:
COLORADO HOUS ING AND FINAN CL:
AUTHOR ITY
lly· ---------Executive Director
By:-----------
Assistant Secrctniy
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RE. OI UTION N<J . ERIES OF 200 A RES OLliTIO AUTIIORIZI 1G ASS IGNMENT TO THE COLORADO 110 SI li A D Fl ANCE AUTHORITY OF A PRIVATE ACTIVITY 80 D ALLOCAT! N OF Tiff CITY OF ENGLEWOOD, ARAPAHOE OUNTY, COLORADO PURS UA r TO THE COLORADO PRIVAT E ACTIVITY BON D CE IL! G ALl,OCAT ION ACT .
WI-IEREAS . th e City of Englewood, Colorndo is authorized and empowered under the laws of
the State of Co lorado to issue revenue bonds for the purpose of providing single -family 111or1gage
loans to low •nd modcrn tc income persons and familie s: and
WHEREAS , 1he lmemal Revenue Code of 1986. as amended , rest ri cts the amo un1 of tax -
exempt bo nds which may be issued in the State to provide such mor1gagc loa ns and fo r certa in
ot her purposes ; and
WHEREAS, pursuant 10 the Code. the Colorado Legisla tu re adop ted the Co lora do Private
Act ivily Bond Ceili ng Allocation Act, Par1 17 of Ar1icle 24. Co lorado Revised Statu les (the
"A ll ocation Ac t"), providing for the all ocat ion of the Sta te Ceiling among the Co lorado I-lousing
and Finance Authority (''A.1·nori ty") and other governmental un its ir the Stat-e. and furt her
providing for the assignmcn : , f ~.,ch all ocations from such other governmen ta l units to the
Authority; and
WHEREAS . pursuant to ~ all ocat ion unde r Section 24-32-1706 of the Allocation Act, the
Ci ty of Englewood , Co lorado has an all ocation of 1he 20•1·1 Slate Ceili ng for the issuance of a
spce iCi cd principal amo unt of Priva te Ac tivity Bonds prir; to September 15 . 2008 (the "2008
Allocation'1 ; and
WHEREAS, the City of Eng:ewood, Coloradc, has de termined that the 2008 Aliocation. or a
ponion thereof, ca r. be utilized most efficient ly by assign ing it to the Autho ri1y to issue Private
Aetivit)' Bonds for the purpose of provid ing sing le-family mor1gage loans to low ~nd modera te
income persons and families; which assignment is to be evidenced by an Assignment of
Allocati on between the City of Englewood and the Authority ;
NOW , TI-IEREFORE, B IT RESOLVED BY THE CITY COUNCILOFT II ECITY OP
E GLEWOOD. COLORADO. TMAT .
Sectio n I. The assigmnent to the Authori ty for $1 ,368.118 of the City of Englewood.
Colorado's 2008 Allocation shall be and hereby is approved .
5cction l. The tonn and suh stancc of the Assignment of All ocation arc approved: pn,v,dcd,
however , that the Englewood City Cou nci l is authorized 10 make such technical var ialions,
add itions or dele tions in or to such As signment of Allocatio n as they shall deem necessary or
appropriate and not inconsistent with th e appro ,·al thereofhy this Resolu1;o n .
~. Th< Mayor and the Ctty Cieri: for lhe City of Englc:wood. Colorado arc authonz..'d 10 e,ccule and deli-the Ass1llJUll<lll of Alloeauon on behalf of the City of Englewood and 10 tal:c such other steps or acuons as may be necessary, useful or com'Clllent to effect the aforcsn1d :m1gruncn1 in accordance w11h lhe inlClll ofthts Resolution.
~-If any section, paragr11ph, clause or provtsion of this Reso1ution shall for any reason
be held 10 be invalid or unenforceable, the invalidity or unenforceability of such section
paragraph, clause, or provuion shall 1101 affect any of the rtrnaining provisions of this Resolution
~-This Resolution shall ix: in full force and effect upon its passage and approval or as
otherwise reciuircd by the Englewood Home Rule Charter.
ADOPTED AND APPROVED tl1 is 21st day of July, 2008.
ATTEST:
Jamr.s K. Woodward, Mayor
Loucrishia A. Ellis, City Cleric
I, Loucnshla A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the
above is a true copy of Resolution No. __ • Series of 2008.
Loucrishi• A. Ellis, City Cleric
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COUNCIL CO MMUN ICATI ON Date: Ag enda lle_m: Subjed: h1l1 ~I ~!XIR 11 c Ii W.11,~1 P.irk111A (" r111s11l1 ,111ts Pruil•ssion,11 ~m 1ce1 Agre~ment lniliated By: I Slaff Source:
Communir. Develnr1ment Department I Harold I. Slit~ C"ommunily De,elopment Man,11:er
COUNCIL GOAL ANO PREVIOUS COUNC IL ACTION
There has been no pnOf Council action on this matter
RECOMMENDED ACTION
Staff recommends that Counci l approve, by motion, a professional services agreement with Walker
Parking Consultanis Under 1he agreemen~ Walker Parking Consultan1s "•II pre,•. ,.'e parktng and
loading standards, and a parking management plan for the downtown area .
BACKGROUND, ANALYSIS, AND ALTI:RNATIVES IDENTIFIED
The purpose of the PMkin11 S1andards Study 1s 10 pro,1de 1he C11y with a rnnge of aherna11ves 10 1he
currenl parking and load in g req uiremen ts. The current requiremen ts based un decade,,old
suburban standards contribu1e 10 less compatibl e urb.!n rede\'elopmenL Of particular Interest are
parking standards appropriate for the City's emphasis on urban infill redevelopment. R~tooling
these standards will improve th e City's ability 10 attract and accommodate mixed use infi ll
development
The purpose of the Down 1cw11 Parking Management Study is I<• ,1ssis1 the City 111 developing and
m1plenwnting J public p.irkmg management pl,,n 1ha1 addresse< current .1nd projecte<' downtown
parking nee·•~. In con1u11ctlon with the Downlown ~nd Medic,11 C~nwr Sma ll Are,, Plan, this sludv
should consider v,111nus management str,1teg1es ,onsistrnt with the an11up.11ed wnwth In
<l'Sidentr,11, miwcl-use ,11 ,t retail dl!\ eloprnent 111 Englewood's downlo\\11 wre, 111i, 51Ud\ will hu1ld
on pr~vious st11dies, p,11 trcul.irly the S,•pt,•mbcr WOS Ouwntown Park111)1 Stud y
~tall «'<.ei,ed l\,o rcspc,nses m the P,11k111g Standard; ~tudy and Downtown Parkmr, M,111,1genwn1
S1udy RFP. Afler rc\lt•wing their propc>;Jls, staff recommend, 1h,11 th e professional se" llC
,1wcrn1t nl be ,1ward1•d 10 Walkl'I Park1n11 Consultants In the amount n( $!7,000.
FINANCIAL IMPACT
rh e hmrling for 1lw prnlession,1I scl\kc, ,1gree11w111 will rnmr 11<1111 llw W06 Cnrnmunil\
0(>1 elnpmcnl Dep.111nwm prol~>\1on,1I \!'1\'1<e, hudgct
UST Of ATTACHMENTS • Professiona l Services Agreement and Scope 01 Serv1tes troni Walker P,1 rkmg Consultants.
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City of Englewood, Colorado Contract for Professional Services THIS CONTRACT and agreement made and entered into th,s 17th day of J uly, 2008 by and between the City of Englewood, a home rule municipal corporation of the State of Colorado, hereinafter referred to as the •c .ty", party of the first part, and Walker
Parking Consultants , hereinafter referred to as the "Consultant", party of the second
part, for the following ·
PROJECT: Parking Standards and Downtown Parking Management Study
WHEREAS, a proposal pursuant to sa id project has been received by the City of
Englewood and rev iewed by the Dirt!ctor of Community Development. and
WHEREAS, the Contract has been awarded to the above named Consu tant by the City
and said Consultant is now willing and able to perform all of said work In ·iccordance
with his proposal.
NOW THEREFORE, in consideration of the compensation to be paid to the Contractor,
the mutual agreements hereinafter contained are subject the terms hereinafter stated:
A. Contract Documents: It is agreed by the parties htireto that the following list
of instruments, drawings and documents which are attached hereto, bound
herewith or incorporated herein by reference constitute and shall be referred to
e ither as the Contract Documents or the Contract and all of said instruments,
drawings, and documents taken together as a whole constitute the Contract
between the parties hereto and they are as fully a part of this agreement as if
they were set out verbatim and In full herein·
• Scope of Services (attached)
• Contract (this Instrument)
B City Obligat;ons/Confidentiality. The City shall provide Consultant with
reports and such other data as may be available to the City and rea~onably
required by Consultant to perform ht!reunder No proiect information shall be
d1sc,!osed by Consultant to third parties without prior written consent of the :::1ty or
pursuant to a lawful Court Order d11ecting such disclosure. All documents
provided by th e City to Consultant shall be returned to the City Consultant is
authorized by the City to retain copies of such data and ma te rials at Consultant's
expense
C Scope of Services: The Consultant agrees to and shall furnish all labor,
tool s, supplies , equipment , materials and everything necessary for and required
Contract for Professional Services 2 to do, perform and complete all the work described drawn. set forth , shown and • included 1n attached Scope of Services D lndemmlicat1on The Consultant agrees to indemnify and hold harmless the City, and its officers and its employees. from and against all liab1hty. claims, demands, and expenses, including reasonable court costs and attorney lees, on account of any injury, loss, or damage, which anse out of or are in any manner connected with the work to be performed under this Agreement, if such injury,
loss, or damage, to the extent caused by the negligent .;ct of omission, error,
professional error, mistake, accident, or other fault of the Consultant, any
subcontractor of the Consultant, or Jny officer, employee, or agent of the
Consu ltant. The obligations of this Section D shall not apply to damages which
the City shall become liable by final judgment to pay a third party as the result of
the negligent act or omission, error, professional error, mistake, accident, or
other fault of the City of Englewood.
E . Terms of Performance: The Consultant agrees to undertake the
performance of !he work under this Amendment to Contract wi thin ten (10) days
from being notified to commence work by the Director of Community
Development and agrees to fully complete said work within the time frame
detailed in the attached Scope of Services, plus such extension or extensions of
time , requested in writing, as may be granted by the Director of Community
Development. •
F. Ownership of Work Product: Upon payment to Consultant pursuant to this
Agreement, all work, drawings, de~igns, plans, reports, computer programs (non-
proprietary), computer input and output, analyses, maps, or any other materials
developed for this project are and shall be the sole and exclusive property of the
City. However, any reuse of the documents by the City withe •JI prior written
authorization by Consultant other than for the specifi1: intended purpose of this
Agreement will be at the City's sole risk The Consultant will provide the City
with a ten (10) day written notice prior to disposal of project documents it has
retained during which lime the Citv may take physical possession of same at the
storage site.
G. Terms of Payment· The City agrees to pay the Consultant for the
performance of all the work required under this coni, act, anll the Consultant
agrees to acr.ept as his full and only compensation therefore, such sum or sums
of money as may be proper 1n accordance with the price or prices set forth in the
Consultant's lee schedule hereto attached and made a part hereof, the total cost
thereof not to exceed Twenty Seven Thousand Dollars ($27,000.00).
H. Appropriation of Funds: At present, $$27,000.00 has been appropriated for
the project. Notwithstanding anything 001,tained in this Agreement to the
contrary, 1n the event no funds or insufficient funds are appropriated and •
budgeted by the governing body or are otherwise unavailable by any means
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Con tract for Professional Seiv,ces 3 w hatsoever in any following fiscal period the City may "rmmate th ,s contract If this contract is terminated due to 1nsuff1c1ent funding the Consultant will only be required to complete and deliver that prorated portion of the Scope of Work completed with the available funds. In this situation. delivery of the prorated portion of the Scope of Work w,11 constitute completion of the Scope of Wo1k and fulfillment of this agreement by Consultant. The City shall 1mmed1ately noltfy Walker Parking Consultants or ,ts assignee of
such occurrence In the event of such termination . All work accomplished by the
Consultant prior to the date of such termination shall be recorded and tangible
work document shall be transferred to and become the sole property of the City
prior to payment for seiv•ces rendered
I. Contract Binding · It ,s agreed that this Contract shall be binding on and inure
to the benefit of the parties hereto, the ir heirs , executors, administrator, assigns,
and successors
J . Laws to be Observed The Consultant shall be cognizant of all Federal and
State laws and local ordinances and regula tions which in any manner affect
those engaged or employed in the work or wh ich in any way affect the conduct of
the work, end of all such orders and decrees of bodies or tribunals having any
Jurisdiction or authority over the same, and shall at all times observe and comply
w ith all such existing laws, ordinances. regulations, and decrees, and i,hall
protect and indemnify the City aga inst any claim or liability arising solely from or
based solely on the violations of any such law, ordinance, regula tion, order or
decree, whether by Itself, its subconsultants, agents or employees.
K . Termination and Assignment of Conlr!£! The Consul1ant warrants that it has
not employed or ret ained any comp~ 1y or person, other than a bona fide
employee working solely for it , to solicit or secure this contract, and thdl it has
not paid or agreed to pay any company or i:,erson, other than bona fide
employees working solely for the Consultant, any r .... ~ commission, percentage,
brokerage fee , gifts, or an~ other consideration, cont ir.3ent upon or resulttng from
the award or makmg of this contract. For breach or, ,olation of this warranty, the
City will have the right to annul this contract without h&b 1!1ty, or, in its discretion to
deduct from the contract pnce c-r consideration, or otherwise recover the full
amount of s uch fee, commission, percentage. brokerage fee, gift, or contingent
fee. It is the intent hereunder to secure the personal seNices of the Consultant.
m manner aforesaid , and this contract shall not be assigned, sublet or
transferred without the consent, In writing of the City
L Termination This Agreement may he canc!!led by either party providing thirty
(30) day notice to th e other party. If th,~ contract is terminated under this clause,
the Consultant will only be requ ired to complete and deliver that prorated portion
of th e Scope of Work comp leted to the termination dale In this situation,
Contra ct tor Professio nal Serv ice s 4 de li very of the prorated ~ort ion ot t11e Scope of Work wi ll cons titute com ple tion of • the Scope of Work and fulfillment of this agreemen t by Consullant. M . Inspections . Rev iews ano Audits : During all phases of the work and serv ices to be provided hereunder the Consultant agre es to estab li sh a work ing office at a place agreeable to th e C ity , and permit duly authorized age nts and employees of the City to enter the Con s ultant's 'lffices for the purpose of inspections , reviews and audits during the normal worki ng hou rs. Review$ may also be accomplished
at meetings that are arranged at mu tual 'y agreeable ti mes and pl aces .
Consultant arid its subconsultants sha ll ,aintain all books, documents, papers,
accounting records and other ev idenc~ pertaining to cost incurred and shall
make such materials ava ilable at the ir respective offices at all reasonab le times
du ri ng the contract period and for three years from the date of fina l payment
under the contract, for inspection by the City . or any authorized represen tat ives
of the City , and copies thereof shall be furnished if requasted .
N. Disputes : Excepi as otherwise provided in this contract, any dispute
concerning a question of fact arisin9 under this contract which is not disposed of
by agreement , and which is clearly within the intent of the Scope of Work , will be
decid ed by the Community Deve lopmen t Director for the City of Eng lewood . The
deci sion of the Community Development Director will be fina l and con cl us ive
un less , within 30 days after the date of receipt of a copy ,f such written decision , •
the Consultant mails or otherwise furnishes to the City a written appeal
addressed to the Community Development Director of the City of Englewood . In
connection with any appeal proceeding under this clause , tt .e Consultant shall be
afforded an opportunity to be neard and to offer evid en,·e in support of its
appea l. The Community Development Director shall have 30 days to respond to
Consultants appeal. If the dispute is not adequately res olved after respond ing to
the appeal , the City and Consultant may t:0 'Iaterally terminate this agreement
withou: further not ice . Pending final decision of a dispate hereunde r, the
Consultant shall proceed diligently with the performance of t11e co nt•~ct in
accordance with the Scope of Work attac:h ed herein . If ti1 is cont ,act is
terminated under th is clause , the Consultant will only be required to comp lete
and delivar that prora ted portion of tile Scope of Work completec., to the
termination date . In th is situation , deli ,ery of the prorated port ion of the Scope of
Work will cons titute completion of the Scope of Work and fulfi!:111~nt of this
agreement by Consultant.
This dispute s clause does not preclude conside rat ion of ques ti ons of law in
con nections with decis ions provided for in Paragraph above. Nothing in this
contract, however, shall be const rued as making final the decision of any
adm inis trative official , rep resentative . or roard on a question of law .
0 . Veri fi cation Of Compliance With C .R.S 8-17 .5 -101 Et.Seq . Regard ir,., •
Il lega l A lien:;
• Contract for Professional Services 5 (a) Employees, Contractors and Subcontractors: Contractor shall not knowingly emp lJy or contract with an illegal alien • • perform work under this Contract Contractor shall not comract with a subcontractor that (1) knowingly emp loys or contracts with an illegal ahE:n to perform work under this Contract or (i1) fails lo certify 10 the Contractor that the subcontractor w,I1 not kn owing ly emp loy or contract with an illegal alien to perform work under this Contract. [CRS 8-17 .5-102(2)(a)(I) & (II).)
(b) Verification: Contractor has veri fied or attempted to verify through
part1c1pation in the 'basic pilot program• (authorized by P L.204 of 1041n
Congress and amended by P.L 156 of 108th Congress) that Contractor does not
emp loy any illegal aliens. And , if not accepted into the "basic pilot program·
pnor to entering into this Contract, Contractor further venfies, Contractor will
apply to participate in the "basic pilot program" every three months until
Conl•actor is accepted or this Contract is completed, whichever is earlier. (CRS
8-17.5-102(2)(b)(I).)
(c) Limitation regarding the "Basic Pilot Program: Contractor shall
not use basic pilot program procedures to undertake pre-em~loyment screening
of job applicants while performing this Contract. [CRS 8-17.5-102(2)(b)(II))
• (d) Duty to Terminate a Subcontract: If Contractor obtains actual
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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 th,ee days that the
Contractor has actual knowledge that the subcontractor is employing or
contracting with an Illegal alien, and
(2) Terminate the subcr1 1t•act with the subcontractor If, within three
days of receiving not ice tha t l'iE -,on tractor has actual knowledge that the
subcontractor is employing or contracting with an Illegal alien , the
subcontractor does not stop employing or contracting with the illegal alien.
(CRS 8-17.5-102(2)(b)(lll)I A) & (B).)
(3) Exception: II the subcontractor provides information to
establish that the subcontractor has not knowingly employed or contracted
with an 1IIP.Qal ahen and the subcontractor stops employing or contracting
witlt the illegal ahen
(e) Duty to Comply with State Investi gation: Contrac\or shall comply
with any reasonable request of the Colorado Department of Labor and
Employment made in the course of an investig ation pursuant to C.R.S. 8-17 .5-
102 (5). [CRS 8-17 5-102(2)(b)(IV).]
Contract for Professional Services 6 (f) Damages for Breach 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 shall be liable for actual and consequential damages to the City 1n addition to any other legal or equitable remedy the City may be entitled to for a breach of this Contract IN WITNESS INHEREOF, the 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 wr!tten
This Contract ·s executed in 2 counterparts.
CITY OF ENGLEWOOD
By ____________ _
Community Development Director
Party of th e First Part
Walker Pa rking Consultants
(Pnnt
-:J«,,,,.,;.,.J, r, S;,.,f Fon,
Name &
Party of the Second Part
(sign)
T,Ue)
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PARKING STANDARDS AND DOWNTOWN PARKING MANAGEMENT STUDY 5-."0PE Of SF . CES Ti-e ~-o~ _, ~.... •v , u' t,, I m !~11s sect1,Jr 1:. kJ~ e, d 1c 11y !rorr tl1t) C •1 c} Enc, ... :,od ~f? d.'., • June 17 :.>OJe Any c~1•1t ,ho• o, e"~"1 .... ,; .. ,s ·-this >-~ '"'r:"1' .. .a..,, :--:--en odd-:"d ~, V\ : <e· cri~
-I "(l ir. E' •I bo,es
PART I ?A°KI ' !G ST.;NDAPDS ~TUDY
fosl I
The consultcol ,., II iden1,~ ond descri be oltetnallv~ p01hn9 s1a,1dord
1equ,rerienll lhJ• are mo•e adoplable 10 redevelap,ng, urbanized
a•eos w 1h o P'edaminonce I smoll loi s,zes os well os alternolives fo,
oggregol,ng pa·<•ng slondoros nla fewe1 lend use caiego,oes The
cansuhon l w,11 1denlify municipol,ties from across N0tlh America 1ho1
hove ,mplemen1ed each of 1he ahernat,ve systems and documen t
successes o·d p•oblems experienced in each ci:y The consuhanl WIii
demoru1,01e how eac.h ol lhe ahemolives could be applied IO
Englewood .
Reviev. vo·,aus municipal parking slandords from Walker's
dalobcse ood onl,ne SOU1ces and ~1 seve,al ol!ernor,ve
e,amptes •001 would (po1en1,olly) be cffcclive In meeling the
(Hy's s1oled ob1ec11ves Survey 5· 10 municipolilies where these
allerno·,ve slandords hove been pul lnlo ploce Commenl on
lhe eff.,.,,,.~oess ol each approach based an lhe feedback we
,cice•v~
2 A!, one c; 1he poss,bl., s1101egies, 1cview ond p1,,sen1 the
recom:-ed;i!ians ootined ,n the Po,ktng Consul1on1, Council
p.,bl,co•,c, enhiled Pecommended Zan,ng Od,no,,,-,.
Pro-•,s,cns' Decembe, 2006)
3 lden!ify bes• p,ocl,ces ftom o!he, mu11ic1po l,11es whet~ Wolk e,
h~s he,peO !O wr,le 01 rew11!e .:ode requirements, c,,pec,a lly
., he,. d~: \,Jv,.'!\ ,eo-,,,-e' pmen1 wa o p<i"10ry gaol
t ld,eo1,f, o~ • ons lo ,nclvcle a prov,s,on allow,ng l0t slued
po•~•ng " 1n,n tl,e code 0td,nonce {espedolly f01 the /W::i,n
Street and Urban zones!
Tosi?
Based on th• ! r,d,ng fron, las• I , 11,e can,uhont w,1 cons,der 1he
feosih,liry ol co:•soltdohng po•k,ng slandord 1equit~mc11ls inlo ,,,.,
lol!c,,.•,,no lor'.! l~ CO~:,t,JS or tr')·, P,opoY! O •J"Ol<t,r cl • .....,
f<lil..-v11r.o co''.!O. ~ 01 p,cp,»e odd 1tono co•,;gor ~s
WALKER ..... r. t
PARKING STANDARDS AND DOWNTOWN PARKING MANAGEMENT STUDY , .~lrv\ C "0(,10l>JX) • Gero::r.J ~,-..':J • Ge,r,:,r11 0 !l ce • 1.,"d,cal Off,,,. • ~r.:::,lJUf 'lnl • --:01p•IJ1 \..on,;'U)
• n.:lu..:-d
Tse consultonl ,,.,I develop 1href: separate pork,ng stondo•d
requirement, fvl eo,h of the ,ecommended lond use ~ot<l90ne1 based
upon the follow,ng three scenarios
U!Q!2!! -p,o,om,ty to lo,ge em~nl bo;e f, e t.aip,lol campus.
ol'ce/monuloctu11119 d,sl11c1). high den~ty residenl10I, s,gn,f,corJ ""' al
as-street pnA,ng as supplement lo required ofl-slreel por<rng
Main Strool -com mercial or•~rlo l strip, overage residential dens ty,
s,gnilicont use of on street porking as supplement 10 required ,f:-street
pork1ng
~ -commercrol orlelrol sl ,p overage residcnt,ol d= ty, oft
parking expecled lo be occommodot~ oil-street
Tosk 3
The consultant will evaluate the Englewood 1esidenhol, commerctal
end industr,ol loodmg stonclords for opp<oprioleness be~ on cunenl
industry p,ochces and make recommendot,ans for modJ,c.o1tons cs
necessary
Deliverables
The consultont will p,ovide lrvc 151 copies al the l11101 ,epor l end one
I ' copy ,n POf formal
Wolke, O>$Umes 1ho1 Port I V,'X,ld also ,ncludc one kick.off
meehng with C,ty staff
2 Reports lo, Po11 I ,,;11 be subm,tred os o stand a lone document
or combined with resul ts liom Tosi< 11 ct the City's request.
3 Port I v,o,.,ld oho include on rot,!<ur conference cofl or m·pe·son
meet,ng with !he C,ty lo report on prelim1nory frndings ond
recommenclohons regord,ng the pork,ng stonclords
WALKER •
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PARKING STANDARDS ANI" DOWNTOWN PARKING MANJ1GEMENT STUDY rnc ho 1 ., II d c r.o·, -u; ,na,,oge">•. ,• r n I·· ·e dv,rJ. :,n lx:ad o,, •,:, JOle C •, 1-" ,,:j,;,:J ,::o,,,ng ct,;;I.J
.. ~m, 1,/0u1,ress rr.,1 or.:i !JOO .. ,cl,,; il,ed m n.~ JCt,•,•1own c•.d
Medco C • •·"-" 5mo! Area Flo•
7oil I
The co•lUhosl will w;,., ,. ,1, Cly Slolf I.:, r, ll1e Ire !iv.:o and len Y"--0'
b.i,kfou· K• no,io1 as d, scd.,..xJ ,n rf,,:, pr,,, par l ,ng ~1ud)
Toik 2
The cansulra nl w,ll 11.ecr v.1•f ,nr,~1es1d 110,eholde,1 1UCh m C,ty 110!1
B100d woy rne rcho n11, 1he $o,Jlh f· •Xldwoy Bu1ine11 lmprovemenl
D11lr icl, a nd rhe E,,g l,. wood Cul: ,1 A1l1 Cenler A1soc,0 1ton for
add,1,a nal lnpul on ih e impocl of managed pork,ng ,n down!own
Englewood
2
To.I J
For budgclo ry reol0/11 W a lker as1um<>1 1h01 any in·
per10n downlOwn s!okeholder meehng1 ore coodvcled
ove< o pcr,od of no 11\0<e lhor, , doy1 (eilne< 5eq~ntoaffy
of 01 1""° po1n1s during Ille study) Wolke, requesls tho1
111!! C,ry ol Englewood ht.4p 10 fo~ihlOle rhese n>eei,ngs
oV prov,d,ng on ooptopuole do~. hme. and locotion
and by d,:,11,l.,1,ng noceSlClry oJ,erhxtmerlts Woll er
con 055111 will, rhe word•ng arr, od--e•hsing moie,101 os
needed
In con1unchon w11h tne s1.:1l.eholder ~·,ng•. Woll.er w,~
de".,,lop o "''"'-"' IAJI\C'f thol c~n be d,s~ib.,led IO
cio-,,,IQW!1 ~IO•chold,,,s to oblo n 1h,,. leedbocl on
poss.blP po,, ,ng monogernen1 s1101eg,e1 Woll "' w,U
develop 1he t,•x l 101 lh,s sun,ey b.,1 req,csl ,1,., C,ry s
o,s,1tonce m d,11, ,ovtmg 1he s-,•veys IO opprop<oote
.ro J ,.hokJers and colleci,nq respo11;es
The c, ""hon l w,11 1den11~ 011d descri be ohP.rnohve po rkmg
manogt>men l 11ro 1eg,e1 lo, on 111ce1, su rloce a nd 111 uclured park ing
opl,ons in 1h-, d;,wn i0W'1 Ort'J including o preferred sirolegy. The
11101>!9•~• ,fiovld cOvt" oll aspe " al m<J1t1'Ano1XP ond opr>ro hon of the
po,l,ng f 1· 1l,11n1
WALKE R
PARKING STANDARDS AND DOWNTOWN PARKING MANAGEMENT STUDY t J ·:n• v. ['JI\ ·:i C:->C<OI 11$ t •p-l"' 1° 'ioio ~o:l,nl A:kl,lo()<'O I J ;,p('C:,, J1e w.lO(l' :.id ' ">e o,,e,ol I,,. l.:J C0\1"'
I"" S V \'
2 Cpt,Q(l\ lo c,,x,it v.1 rnc udc forming o Po" 11,g
.'.,aihor t) Po·• ng A.l1c~men1 D,s111c1, &siness
••p,c ,em,lll D :.:,,ct orJ/or Downtown Parking
.:.ssoc,ohoo ','1/e w,n ols-, loc.•· 01 othe• funding
,.,.,ecf\O~·sm: SV1.." cs pay 001~1n9 for some 0< ol' ol the
CBD. ln·lieu fee, and olf,,: .. possible ohe1no1tves
3 ihe del1veruble 10< Tosk 3 will Include a recamr:1ended
no,nlenonce arid aperol,on pion la, the new parking
foclhty ov1l1ntn9 slolf,ng, slondord p,ocedures, cosh
hondlrng oud ils, elc Procedures for on·slreel pork,ng will
also be recommended If rhe City ,s conlemplaling poy
par king or pcrm,r zones
Task 4
The consullonl will idt'nli~ cop,10I e~pend,Mes needed for pork,ng
rmp,o,,ements ond th'!' es• meted ope,011119 cos! and nel opemltng
income
Task 5
The consuhonl w,U de,elop on 11nplemen10hon lmmewak based on !he
f,ve ond le<I V!!O' bu1ld-ou1 s.-c,f\Ot<OS
Tosl c
The coosuhonl v.11 be •equ •ed 1:, mole p,eseelo'1011s of !he co,npleled
study ,ewh, IQ Eng:e--aod U1boo Re·,~1 Aothori,y ond IQ !he
Englewcvv:! (11y Coun•,1
Ne os1ume 1ho 1 d,,s las• ,1.yn w?<Jlc! mclude one lino!
prey,nlohon
De/,,,,.,ables
The consu ltnn1 will p1ov,de ltve 151 copies of the l1na l reporl and one
111 copy ,n PDf format
WALKER ,I •
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12 a I t~ PROtl A 1ATION ~ ~ WI ll·REA , ColomJo', laltsllcoll) lo\\ obesny and h1~h phy.ical ncHvll) rates ros111on ourc1111cns ninonc then 11011 ' n10s1 Iii. :md WI ll'R , our mctm 0~1wcreconom) benefits from our healthy and rh)sic.ill) active
populace m that our cmu1is arc more cncrgcuc and pmductJ\ c employees an.:! place fewer
demands on the heahhcarc system; and
WHERF..i\S, according to the Centers for Disease Control and Pmcntion ( OC), there has
been o dram.,11c increase in obesity m the United Stales during the past 20 years . In 2006, only
four stotcs bad a prevalence of obes11y less 1han 20%; and
WI IEREA , obesity may snon su pplant . moking as the number one cause of prcven1nb le
death in the United States; and
WHEREAS. altho ugh our s1a1c has enjoyed one of the lowest obesi1y rates in the nn1ion ,
Colomdo's trends are heading in 1he wrong direction as 1hcy mirror the troubling na tiona l trend
of declin ing phy8icnl activity and increasing ra tes of ovc rw eigh l nnd obcsi 1y; and
WHEREAS, ns elected officials we slmpe the communities that shape our lives; and
WHEREAS. research shows the posi1ive link between community design and incrca cd
physical activity in 1h01 CVL'II tho e who dislike being active are more active when they live 111
compacl, walkable areas. os arc children that live close to park£ and to their school: ond
WHEREAS , n cntical slep lowardr n healthy and active populace is malJng walking and
C}shng i,afc 1111hm our commu11111es by adoptmg appropriate street standards for 1nm portollon
mfrastructure to be used m new developments and in slrcel recons1rucuon; and
WHEREAS. our dee, ions also 1rnp3Ct the case and safety with which our resident can wnlk
or b1 ycle to and from school, work. the local grocery store. and to other daily acti,111es and
recreation: nnd
WllFREAS, our land use dec1s101is m1pact the location, availability, and ace 1bih1y to
healthy food! and we can improve our c111zcns· access to healthy foods by workmg pmae1ivcly 10
s11e tores, m.1rke1 . gardciis and famts within our communities; and
WI I MU:AS . the City or Englewood promo1cs citizen participation in communily based hcnhh
awareness ond ,-ducational scrCL11ings, such as 1hc 9 Health Fair. and
WIIEREAS. the Cit) or Englewood am promote heahhy ci1izens by instituting a policy 1hn1
vending 111.1chi11cs on C:11y property must comain a significam p<:rcentagc of healthy food options
nnd, when prncllcnl, 1hn1 these scleclions be labeled ns "heahhy" and promoted nt eye-leve l,
WIIERhAS. worlang wuh the Colorado Oepanmom of rransponauon and" uh ag,i1<:1c,., soch as the Regional Trnnsponauon D1stnc1 and the Denver Regional Council of Go,cmmcms. to promote pcdestnan anJ C)dtst connections to acuvity centers and rapid 1ra1mt and to 1mplcmcnt comprchenSl\·e compk1er strte1s and safe in1ersec11on design ond rcdcs1i;n standurrls al bo1h the local and state IC\ els; NOW Tl IEREFORE. I. James Wooch.-ard, Mayor of the Cuy of Englewood. Colorado. IY.rcby proclaim En!!l""'ood's suppon and commitrr.ent of Promoting Health and Wellness in the City of
Englewood. Colorado.
The City of Englewood has implemented clements of a won.site wellness program for ,:s
employees, such as:
Offering• weight loss and weight lll3ll8gemcnt suppon through our healthcare providers
and/or a consultant;
Participating in the Wellness Councils of America's "Healthy Workplace Awards
Initiative" program;
Providing access 10 smoking cessalion programs;
Developi ng and strongly promoting nn annual Health Risk Assessme,1t nnd/or well nm
assessment program for emp loyees;
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Promoting walking and cycling as commuting options and break-time activities 10 us •
employees and when practical providing supponivc facilities such as access to recreation
centers, lockers, showers and bike racks;
Supponing a pedometer or fitness challenge among go,·emment departments or staff
w11h inccntivci for panicipation ,uch as massages, water bottles, new bike helmets,
1-shins. etc.;
Supponmg b1kc-10-work and bike/walk-to-school progJ11lllS and events;
GIVEN under my lumd and seal this 2151 day of July, 2ros.
James K. Woodward, Mayor
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Join FOX 31 for another fun-filled
"FOX on Your Block" event on
Good Day Colorado!
Good Day Colorado Reporter Dan Daru,
fitness Expert Joana Canals and Meteorologist Crystal Egger
will host FOX ON YOUR BLOCK in Englewood
at Broken Tree Golf Course & CityCenter Piazza
Thursday, July 24th 6-l0am.
Broken Tree Golf Course
2101 W. Oxford Ave.
CityCenter Piazza
1000 Englewood Parkway
Activities will Include:
• An appearance by the Skyfox helicopter and Deuce the Flying Dog
• Free breakfast provided by Breakfast On Broadway & Azucar Sweet Shop
& Bakery at CityCenter Piazza
• Free coffee provided by Mile High Coffee at City(enter Piazza ~
• And Much More! ~