HomeMy WebLinkAbout2008-10-06 (Regular) Meeting Agenda Packet1. Call to Order.
1. ln\Oation.
Agenda for the Regular Meeting of th e Englewoo d Citv Co un cil Monda y, O ctob e r 6, 2008 7:30 pm Engll'\, ood Cl\ ic Center -Council Chambers I 000 Englewood Parkway Engll'\\'OO:l, CO 60 I I 0
3. Pledge of All~Rl~nce.
4. Rell c.11.
5. Consideration of Minutes of Prl'\ ious Session.
a. Minutes from the Regular City Council Meeting 01 September 15, :008.
&. Recognition of Scheduled Public Comment. (Please lrmil 1·our rresenlation to ten minutes.)
a. Pirateer Ad, iser Sheila Jones and some 01 her Engle,,·ond High School journalism
)tudents will addrP~S Co uncil IVith a req uest for funds 10 su pport co-curricular ac tiviti es
al Englewood High School.
b. Derek Bell will be presen t lo address City Council regarding the proposed ordinance
prohibittng smoking outdool'5 near medical hospitals.
c. Teresa Heidrick will be present to address City Council regarding the proposed
ordinance prohibilrng smoking ollldool'5 near med ical hospil,111.
d. Andrea Lacina I\ ill be pres~nl 10 address City Council regarding the proposed
ordinance prohib i1ini1 smoki ng ou tdoors near medical hospitals.
7. Recognition of Unscheduled Public Commen t (Please limit your presentation 10 '" e
minutes. Time for unscheduled public commen t may be lim ited 10 45 monutes, a nd If
limited, sha ll be continued 10 General Discussion.)
Pk-.,~ note U )OU hil\t' ,\ d1\,1hlhf\ ,1ml nM-rl ,1u,1h,,,-. ,111111 or ,el\lCM, 1llrw;e 00111\ the f1r"1 01 lnglr\\OOd
1 l0J-~h2•2.&0SI at least 48 hourj 11, ,ul,,,oce of "h~, \(_>l\~M J,t n(•e<k-fl
ln,:;~ ... '\l"t> f Cit\ Counol <\~--'ldJ C1,1nt,.r b :0118 P.l(.t' :! 8. Communications. Procl,1mJ11nns. ,ind Appo1111ments. a. Lener from BriJn Vert,ecl ,111nnurK1ng h,s resign,11ion irorn the Alli,1nce tor Commerce 111 Engle" ood Committee. b. Procl.1111alion declaring October 1, 1008 as Ughis On Af1Prsd100// Day.
c. Proclamat,on decl<1ring Octobe, 5 d1rough 11 , 2008 as Fire Pre, entlon Week.
9. Consent Agenda Items.
a. Approval of Ordinances on Fi~t Reading.
,. Council Bill No, 68 -Recommendation from the Con1munity Development
Der..1nme111 10 adopt a h,11 for an ordinance authorizing an Intergovernmental
Af,reeme111 with Arapahoe County 10 accept 2008 Open Space Grant funding
fo.-the Plallc River Bike/Pedestrian Bridges project. STAFF SOURCE: Mark
Grai;Jm, Senior Planner.
ii. Council Bill No. 72 -Recom mendation from th e Utilities Departmenl lo
approve a bill for an ordinance appr01 ing Supplemen t # 164 to the
Connector's Agreement ior lnclus,on oi a property 1n10 the Southgate
Sanitation District. STAFF SOURCE: Stewart H. Fonda, Directo r of Utilit ies.
b. Approval of Ordinances 011 Second Reading.
Council B111 No. 62, making required changes to die NonEmergency
Employees Pension Plan to retain "Qualified Status.·
ii. Council BIii No, 63, making required changes 10 the Firefighters Pension Plan
to retain "Qualified Stallls" and 10 comply with IRS rules for death benefits and
provide a benefi t fo r active flreflghlers who die prior 10 retirement.
iii. Council BIii No, C,4, m,1k l11g requ ired changes 10 the Police Officers Pension
Plan to retain "Qualified Sta tus."
c. Resolutions and Moli011s
Recommendauon from die Con1munil)• De>elopmenl Dep.utment 10 appr01~
a resolution au1h oriz111g the GI) 's application 10 Arap.ihoe County for W09
Community De1elopment Block Grant runds. STAFF SOURCE : Jan el
Grimmett, Housing Financr Specialist.
11"~''" nole It \OU h41H• .i t11 .... ,1,i1i.., .md nN-1f ~u\tllan ,uds C'f iiMtC~ 1lK"-~ 00111\ th<" r ,~ of fogk•\,ood
\Ol -u~.;?.aOll al Jl,.1\I 48 houn •1.tich ,Wl<:f' of "IW"l"I S('1'\J('~ .u~ ~
(111,.IP\,,,,.,.1 f'II\ Cow1, 11 •\g,•n 1J Ork ,I, 'f t., • )08 P.it:i' I I 0. Public H•,w1ni; II ems. a. Public Hearing lo ga th er inpul on Co un cil Bi ll No. 65. a proPOse d ,\111endme111 10 1he Unnied De, elopmenl Code es1ablishing .,n e,cep11on 10 minimum 101 "id1h and .uea requoremenlS IOf subdi\ ision of properties 111 all R-1 zone districts.
11 . Ordinances, Resolu11ons and Motions
a. Appro,al ofO,dinances on First Reading.
Council Bill No. Si -Recommendation from the Departmenl of Finance and
Adminislra lr. e Servkes 10 adopt a boll 1or an Ofdinance apprO\ing the 1008 Mitl
te,y for collechon in 1009. STAFF SOURCE: Frank Gryglewicz, Direclor of
Finance and Adminislratlve Services .
ii. Council Bill No. 61 -Recommenda11on from :he Department of Finance an d
Administrati,e Servkes to approve a bill for an ordlna1.ce adopling the 2009
Budgel for 1he City of Englewood. STAFF SOURCE: Frank Cryglewicz, Director
of Finan ce and Adminlslrative Services.
nt Council Bill No. 58 -Reconunendalion from th~ Depar1m ent of Fi nan ce and
Adminis1ra1 ive Services 10 adop l a bill fo r an ordinance appropria1ing fun ds for
1h e 1009 Budget for the City of Englewood. STAFF SOURCE: Frank
Cryglewicz, Director of Finance and Administrative Services.
iv. Council Bill No. 59 -Recommendation from the Departmeni of Finance and
Administratl, e Services to adopt a bill fOf an ordln,mce appro,ing the 2009
Budget ior the Littleton/Englewood Wastewater Treatment Plant STAFF
SOURC E: Frank Gryglewicz, Director of Fina11ce and Administrative Services.
v. Council Bill No. 60 -l{ecommendation from the Department of Finance and
Adminishati\ e Servkes to adopt a bill for an ordmance appropnating funds fOf
1h e 2009 Budget for the lltrieton .• Englewood Was 1ewa1er Trea tm ent Plant.
STAFF SOURCE: Frank Cryglewicz, Director of Finance and Administralive
Services.
, i. Council 8111 No. 66 -Recommendallon from the Community Dt, t~opmen t
Departmen 1 10 adop l a bill for an ordinance prohlhhing smoking ou tdoors near
medkal centers. STAFF SOURCE: Darren Hollin ~sworth, Economic
Development Coordinator.
vii. Council Bill No. 70 -Recom menda ti on from the Poli ce Depa rt men t to ,,dopt a
bill for an ordinance authorizing an ln tergO\ernmental Agreement between the
Police Department and the Internet Crimes Against Children Regional Tas~
Force. STAFF SOU RCE: John Collin s, Oepuly Chief of Police.
lll,•,1,p note; It \OU h,l\C ,1 d1s.1h1l1ty 1tnd m!t•d ,1u,i11,1" J1d~ ot \t'r\ices. plr,ur n c hty th<' Cil) of l-nglt1 \, l)()O
IW \.'.'"62·24 051 ,11 lf'.l\l .ie houis Nl ~ch .ux l' or , .. hf'fl St."1'\h M ,vr needf'rl.
fn~'\\ond (11\ '°'""" .\gt"tl•h Oo:it..-, r .!tl08 P.,~~ J ,iii, Council Bill No. -1 -Recommendatii,n from the Commun11)' D~,elopmen l Deparlmen t to adopl a bill ro r ,111 ordinance authorizing 1he execullon oi a Matching Granl Appllca1ion in lhe amollnl oi $5,000 and agreemen t •o r 1he 2008 Governor's Energy Onice Insulate Colorado Program for e~is lln g homes. STAFF SOURCE : fanct Grimme ll, Housing Finan ce Specialist . b. Approval of Ordinances on • econd Reading.
Council Bill No. 38, as amended, amending the Unified Developmenl Code
relating to boarding or rooming houses.
ii, Council Bill No. 67, an emergency ordinance authorizing and appro, ing the
issuance of Pri, ate Ac~, It, Bonds for capital 1mpr0\ements at , ,trious Boy
Scouts of America sites.
c. Resolutions and Morions.
Recommendati on from the Depa rtment of Fina nce and Administrative Services
to adopt a resoluti on approvi ng the transfer of $75,000 from 1h e General Fund
10 the Public Improvement Fund for improvements to the parking lot al Broken
Te e Englewood go;, course . STA FF SOURCE: Frank Gryglewlcz, Directo r of
Finance and Administrative Services.
Recommenda1ion from 1he Utilities Department to appro\'e, b) motion, an
award of the West Union Avenue Pipe Rehabilitation Project to the only
responsi,e bidder, lnsituform Tech, in the amount of S414, 100. STAFF
SOURC E: Stewart H. Fonda, DiN!ctor of Utilities.
iii. Recommendation rrom the Departmen t of Public Works to a1>pro\'e, by motion,
construction-related con tracts for th e Bridge over the Pla tte Rh er at Oxford
A, en ue at a total estimated construction cost of $726,833.83. STAFF SOU RCE:
Dave Henderson, Engineering/Capital Projects Admlnistralor.
Iv. Recommendation from 1he Depar lmen t of Public Works to approve, by motion,
const ructi on-related contracts for the Bridge over the Platte Ri, er at Dartmouth
Avenue a t a 101al estimated construc tion cosl o( $785,838.34. STAFF SOURCE:
Dave Henderson, Engineering/Capital Projeds Administrator.
,. Recommendation fron, the Communir, De\elopment Department 10 approve,
by motion, the South Bro.ufway Englewood Business lmprO\ ement Distnct
Operating Plan and Proposed 2009 Budget. STAFF SOURCE: Darren
Hollingsworth, Economic Development Coordi11ator.
Mra~ no1e: h \OU hJ\e • <IB.,hdtt>i Jnd nrrd ,10,1la.1r, ,lids o, ~icl"S l)lr.1'4." f'IOIIT\ d1r l'11'\, lli [n~..,\ood
lOJ.-62-2-103 1.U le.isl .is hours lo tld\Ml<t' of \\hNl w,n,-ke,; ~nttded
i Oit •'\\00\j ( lh ( ll!Hl, if .\~('lhi.l \-}~[,~• .. rt, ~OCII\. .,. M,11·or s Choice. Cngle\\ood CulIural Aris Center Resolll tion. h. Council Members' Cho,ce
13. City M,1nager's Report
1-1 CII', Attome) ·s Repor1 ,
I 5. Adjournment.
The 1ollo1"ng minutes "ere Iransmi tted to Cily Counci l in Sepleniber. W08.
• Alliance ior Commerce in Engle,, ood Committee minutes Qt Augllst 1-1. 2008
• Board of Adjustment ,md Appeals minutes or Jul\ 9, ~008
• Code Enforcemenl Adlisory Comm ittee minutes of Jul\· 1&, 2008
• Cultural Aris Commission minutes or July 1 and Allgllsl &, W08
• Englewood Housing Authorit'\ mlnules of June 11 and August &, 2008
• Keep Engl~\\ ood Beautltul Comm,ss ,on minutes oi August 12, W08
• library ll<wd mrnutes of Jul\ 8. ~008
• Parks a•1d Recre,1tion Comm issi on min lites of July 10 and August 1-1. ~008
• Plannrng and Z oning Commisston m,nules of August I q and September 1, 2008
• Transportati on Ad11sol\ Committee mmutes oi May 8 ,1nd Jul\ 10, W08
Ph,~n.,11-h ,ouhJu• ,t ti.~• h ••~In• J .ut\&lf\ .,11lsut 'K'f\M.M ti•,tSI" h•Air\ lhf'(,r\ 01 tui:k•.,c.,oc1
~H ~b:!·~-IOil ,JI lr,,,1 .u, hour-. to ,uh,1m •• Lil \\hrn \N\Kt•', .ire f1flPd~
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ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COU NTY, COLORADO Regular Sessi on September 15, 2008 Call to Orde r
The regu1ar meeling of the Englewood C1Iy Councfl was called lo order by Ma yor Woodward al 7:40 p.m
2 Invocation
The invocal!On was given by Councrl Member McCaslin.
3 Pledge of Allegi ance
The Pledge of Allegiance was led ,..., Council Member McCashn.
4 Roll Call
Present
Absent
A quorum was presenl
Also presenI·
Council Members Jefferson, Moore, Penn, Oakley, McCashn, Wilson,
Woodward
None
City MAnager Sears
City Attorney Brctzman
Deputy City Manager Flaherty
City Clerk Ellls
Deputy City Clerk Bush
Director Gryglewicz, Finance and Adminislrat.-e Services
Director Kahm, Public Works
Director Whtte, Community Development
Senior Planner Langon, Communtty Development
Planner Bell. Community Development
Director Black, Parks and Recreation
Recrealion Services Manager/Golf Spada, Parks and Recrealion
Recreation Program Administrator Rhoades. Golf Course
Special Events Administralor McGuigan, City Manager's office
Recreallon Services Manager/Opera110ns Ho llberg. Parks and RecreaI10n
EMS/E mergency Managemenl Coordinator Green, Fire
Police Commander Sanchez
5 Consideration of Minutes of Previous Session
(a) COUNCIL MEMBER OAKLEY MOVED, AND COUNCIL MEMBER McCASLIN SECONDED,
TO APP ROVE THE MINUTES OF THE REGULAR CITY CO UNCIL MEETING OF SEPTEMBER 2, 2008.
Mayor Woodward asked ~ lhere were any corrections or mOdifications There were none,
Vole result,:
MoI10n earned
Ayes
Nays
Council Members Penn, McCashn , Moore. Woodward , Jefferson,
Wilson, Oakley
None
Englowood City Councll Septembor 15, 2008 Pag e 2 6 Rocognit ion of Schodulcd Public Comment ta) Mayor Woodward said Carolyn Armstrong or the Parks and Recreallon Comm1ss10n Is present to award lhe Colorado Parks and Recreatoon AsSOClaton's Community Service Awards The r,-optents are Ouray Sportswear and Red Bord Farms • Ms Armstrong sa,d I am a member of the Pa~~• and Recrea11on Comm1ss10n I am also a retired Co lorado
Stale Park Ra nger and, as such, I was a memhcr or lhe Colorado Parks and Recreal ion Assoclat10n for many,
many years The Colorado Parks and Recreation Association Is a group or park and recreation profess10nals
from lhe Stale, local and Federal level and there are also quite a few pnvate folks who provide rec(eat,on One
of the th,ngs that CPRA does and lhey have a huge awards program, because they believe s1tongly that we are
an ,n thlS together and they believe strongly thal we need to honor those folks who help us gel our mIss,on of
parks and recreat10n accomplished Right before I retired from bt,Ing a Colorado State Park Ranger, I had the
pnv,lege or being the awards chair So, I am extre mely fam iliar v11th their awards and one or the awards they
have is the CPRA Community Service Award Th,s Is not a competitive award You do no t have to compete
against anyone to get lhIs award However, the requirements you need to qualify for this award are quite
extensive So, parks and recreabOn agencies can nornmale members of their community, folks that they are
aware of that have helped meet the needs of parks and recreation on the commu11111es The City of Englewood
Par~s and Recreation staff nominated IWO d1fferen1 groups this year, for this award. Both or them were found
worthy of receIvIng this award So It Is my pleasure to present those tonight and the first award goes to Ouray
Sportswear Mark Musselman, who Is the representative from Ouray Sportswear, could not be here tonight and
so we presented this award to him at the Englewood Parks and Recreat10n Commission Meeting on Thursday
night So I wdl very qu,ckly let you know what this award Is about Ouray Sportswear has been key to the
success of the Crty of Englewooid Parl<s and Recreation Department's annual fi1ness challenge The donaoon of
several thousands of d?llars of apparel and merchandise has enabled the program 10 grow to 590 annual •
participants In just four years Ouray management is always wdhng to support l'arks and Recrea1,on programs,
particularly those relating to sports and filness, The Parks and Recreation Department Is fortunale to have such
an active corporate partner within the community , Again, that award was given to Mark, Thursday night at the
Parks and Recreabon Commission meebng The second award I'm pleased to tell you about. ls to Red Bird
Farms If t could have Mayor Woodward and lo aMd Shen Mielke pn me at the podium lei me teU you about
Red 81rd Farms Red Bird Farms has been a ma)Ol supporter of the City of Englewood's Department or Parks
and Recreat10n programs and special events For several years, Red Bird Farms managemenl and staff have
volunteered, sponsored and donated delicious food, with enthusiasm, profe:.slo nalism and oulsland 1ng
customer serv,ce Red Bird has provided their signature, nalural chicken sandwiches and beverages for lhe
hole-in-one Jun10r Golf Program, the Crty picnic, several fund raising evenls ,n support of the Summer Concert
Series, and the FunFesl Englewood Parks and Recreat10n 1s fortunate to have such a W1!1,ng and committed
partner ,n support of Parks and Reaeat,on ac1MtIes. So what we have for you .and I W1D let Mayor Woodward
do the presentation there ore two things One Is a plaque that hsls what I Just read and the qual1hcallons in
order to be able to win lhls award The second ,s a plaq ue that reads· Commun ity Service Award , The Colorado
Parks and Recreat10n ASsoclallon along with the City ol Englewood Parks and Recreation Comm1ss1on do
hereby acknowledge , approc,ate ind recogn,ze the efforts of Red Bird Farms to improve and enhance parks
and rectea110n In thrs community Let me offer the microphone very quicldy to Mr Mielke, W he would kke to
say somethIrg
Mr Mielke sa,d thank you very much lor the honor of this award and congra lulat,on on your fantasI , .. golf course
and an equally fantastic practice arena And best of all, because of time constra,nts a fantastic Par 3, which I
try to get on as often as I can You have a fantastic staff al the course .. Bob , Shannon, Robert and Mike well
Mike ls reurcd now ,rs a great crew and they are fun to work wilh and we always look forward to the Jun10<
Golf Prograrr So. congratulat10ns to yout staff 8lld a great golf course
Mayor Woodward sa,d I would hke 10 congratulate you This Is the second I,me be,ng on the Parks and Rec •
Commission , Iha! I have heard about lhe goll course, ,n the las! week Ouray Sportswear was 11ght there to
comphmenl us and they also talked abool how they have ut1hzed the golf course So. congralulat,ons and I
would l1ke 10 present th,s Commun -y Service Award for Colorado Parks and Recreahon Association. along with
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Englewood City Council September 15, 2008 Pago 3 the City of Englewood, Parks and Recrea110n Cor,1m1ss,on Conq1atulahons Mr much There was applause •Ike said thank you very Ms Armstrong said thank you very much and my tMnks 10 the Englewood l'a1ks nnd Recreation staff for taking the tome out 10 reward the,r partners Thank you very much There was oppl.ius<' Mayor Woodward sa id thank you Carolyn
(b) Mayo, Woodward said MIChaef Mo<lon Execuhve D•octO( ol the Greater Englewood Chamber
of Commerce , 1s present to address Council regarding the upcoming Englewood Days eve s on October 4,
2008
Mr Morton said the Greater Englewood Chamber ol Commerce ,s putt,ng on Englewood Days this year It wiH
be Saturd ay, Octobe r 4'" The loca11on has been changed, for those ol you that oron I owaro ol thal We are
holding It 1n front of CityCenter. fl will extend east. down the block and include the oux,11ary parking lot that WaJ-
Mar1 1$ sharing with us for the actual car show down at that end And then down at this end ,n 1ront of
C1tyCenter. we will have food vendors and different booths for other non-lood vendors Also bands we will
have a fairly large childre n's area going on all at the same time The evont ts ptannod lor 9 00 a m to
potentially, 9·00 p.m. Allhough, this bme of the year It 1s a httle bot crufty we probably won't be go,ng as late as
9.00 pm., but we do have aH ol our ducks on a row as far as permission lor domo thot Tonight thank you for
having me here 1n front of City Council. We are asking for the City's assi stance in some ol tho following areas of
the list that 1s in lront of you. Several of these areas have been supplied ,n past yeors lor Englewood Days So,
ff any of you have any questions, I would be happy to answer lhose
Council Member Mccaslin said I have a queslion. It says Cit y fees for booths EngtoWOOd businesses no
costs And down here It says City lees . apphcabOn Ml Morton said that 1s 1ust • llst,ng of the lees what
we are asking for as far as the booths go we have several different well they nre not ,eany companies but
the idea beh ind Englewood Days t his year Is part or the proceeds will benet11 the Mllltory Foml ha s Rohol Fund In
Colorado There Is a branch of the MIiitary Relief Fund ,n every single State What those IUlkt do. i, help
retum1ng vel$ that may have been disabled 1n the war U.ngs hke that to remodef the11 homes vets that are
over righting the war for us. somebmes their families cannot ma1n1a1n a household they pro•ldc doycare and
other dlfferenl, essential things to these families. So what we would be asking 1s there ara certain ent111es
such as the National Guard and the other branches of the serv,ce that will be show,rg up they WIii have
booths, but they are giving us multiple volunteers The National Guard 11 giving us ;o d1Jro1011t votuntee,s that
will help us w,th the e•ent coo rd,natoon and, secunty So, we don·1 want to then chorqc lhom 101 o bOC lh feos
for a booth We also have ... I behave there are four different bands lined up ught now They are coming and
playing for free because 1t 1s for the military. so we don 't want to charge them an event fee for these d1flcrcnt
groups that are votunleenng to come ,n with their time and equ,pment whatever thnt may bo 10 holp lll with
the festival
Councll Member McCasl1n said do you know how many vendO(S you have signed up now? Mr Morton said wt•
ha•e several signed up now I talked to two more today We have maybe 10 1n tho bilckground that ore not
actually signed that are going to be partoc1pat1ng with us Sam's Club will be partoc1pahng w,th us I tw new
Costco across Santa Fe . will be part1C1pahng with us and we have several other la1rly largo cornpan1C1 tMt me
go,ng to come m as sponsors
Council Member Mccaslin said I think last year there were over 120 cars I'm estimating I tl.l•c no ldeo Ne
we goong to have that many this year? Mr Morton said we hope to we have issued notices to sovc,ut d1llerent
car clubs thal are 1n the City. We do have a parking lot, large enough to where we can hold appro•imatoly n ~
230 cars ,r they show up One thing that Is a vanable ,n car shows, par,ocutarly at this t,me ol the yf'at m
October •. 1s, ti 11 1s ra1mng that day or 1f 1t ,s snowing, the cars probably won't come out But we can 51,11 hold the
festival, as far as the booths and the things at lhe other end the music. thAt type of stuff, we co11 st1il go on w,111
that So. really , a lot depends on the weather We are hoping to have;; fairly large lurnout Wo also thOught
that we would have the antique fore engine down at the car show end ,n the Wal-MM parking lot JU5l l 0< ~e
entertainment down on that side The m,htary will also be bnng1n9 Humvees things like that that kids c1111 look
al that type of thing Also . the Show Wagon would be used down in the car show parking IOI whe10 we would
Englewood City Council September 15, 2008 Page 4 have a OJ who we already have taken care of or signed up But he 1s ,olunteeung hi s t ime l o, the wllO,n day That 1s sort of the main essence of that event The event fees we didn't want 10 ch3190 1110 ,, tn.it ,1••· volunleenng for 8 hours au their equ,pmen1 things hke that and then slart cna,g,ng lhem feu1 Cl' tot c.• ,1 As far as lhe police ofhcers when we met wuh the Police Department they v.c,e say1r19 tnnt we nr ~d A pnlirn officers. to be slaggered 1n through the day for the event thal would WOik ,n con1unct10n " th tho N,1t,on ~1 Guard that "e have s,gned up to come 1n Mr McCashn said thank you Mayor WOOdward said do you have anything else Michael? Mr Morton sa,d that 1s pretty much I\ unit!" you
folks have anf quest10ns We would sure like to have help from the City ,n pulling lh•s off Thank you very
much
Doug Cohn said I did think of one other thong that you guys allowed us to use 1n years past The mobie
Cherrelyn HNse Car It's been to two of the Englewooid Days shows and 1t was a giant hit. as folks asked tho
drivers .. what ,s lh1s thing? And we could describe what a wonderful poece of Englewood history rt ,s So
Michael can add that to the list Mr Morton sa,d we cena1nly have room for It, of It Is approved by Council We
could also include that as a bit of history for Englewood
Mayor Woodward said thank you I'm sure th,s will come up under Council Member's Cho,ce
Mr Morton said thank you .
Council Member Penn said thank you Mike.
7 Recognition of Unscheduled Publlc Comment
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Mayor Woodward said I see that there are a number of people thal are stgned up to speak about the boarding •
house ordinance before us tonight. Please understand thal there have been two public heamgs on lhas matter
Council has received the minutes selling out the testimony from the hearing before the Plannini and Zoning
(':ommission Councd also received testimony at the Public Heanng before us on September 8 . Co uncil has
rete1ved all the documents and reports submitted at those meetings Council's decision wdl be based on that
mat~r,aJ and the test,mony from those Public Heanngs . This ,s an open meehng and you are free to speak I
would ~sk that you not simply repeat what you or others have said at the Public Heanngs. Council policy hmlts
presentat,c,n& at this :,me to five m1nules That time may not be tra nsferred with the approval of the rest of
Counaf I would ask U•at you stay on oornt, as you make your presentation Council w,fl nol tolerate personal
attacks Such behavior will rc,ult m the lo~s of your pnvrlege to contmue speaking Your presentat,on tonight Is
n•,t under oath, as 11 was or wou1d have bee,1 at the Public Hearing CouncU will weigh that as you make your
presentat,on Again, this 1s your time to prese,;! ~nd Coun~•I will not address questions at this time Council 1s
scheduled 10 discuss lh1s 1a1cr this evening and the decis,on "·• be voted on. one way or another, at thal t,me
(a) Tara Knngstad said this ,s Brandy Bartholomew and we are si:'lnsored by the Student
Governmenl Class al Englewood High School Th.s Friday we have the EnglewOvd I i,gn SC hv'll Parade for our
Homecoming We did meet wi th Officer O'Connor and Traffic Engineer Nick Johnson and dectd,?d on our roule
for this year and discussed the perm,t We are going to keep the same route as we did last year So the parade
will s1art this Fnday at 1 30 al Englewood Middle Schoot II w,11 head down Delaware, east on Tuft:<, sou th on
Logan and then end at the Englewood High School panong lot The reason for us being here tonight :~ we are
asking for f,nanc,al ass,slilnce 1n the amount of S273 00 10 help offse l lhe cosl of barricades and the perrrut
Any help would be appreciated Thanks
Mayor Woodward s.,id thank you
(bl 001,9 Cohn. an Englewood resident said I came to talk about 13 words You guys have been
work,ng really hard •lll this rooming house th111g As I look over the pnnt out of It In the newspaper I didn't •
c~unl them bu!,.,,, guessing there are 4,000words When constituents come and talk w1lh you and bnng an
ISsue forward and they want a problem frxed and as a Council person you guys really want 10 work on those
kind of :h,ngs Mostly mostly that works The issue w,11, the 13 words ,s different After 4,000 words 3 987
are oka/ The I 3 are the proble m We had a Public Hea11ng 13 days ago and for an hour and a half you guys
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Englewood City Council September 15 , 2008 Page 5 listened 10 lo ts and lots or conversation folks ,n favor folks agarnst Healed drscuss1ons ft doesn 't make any drfference The Crty talked to you about the ordinance and rt was designed to repair a mrstake an item left out m the 2004 UDC We were iust gorng to hx a problem that we had It doesn 't ma e any difference Law abrd,ng c,t,zens relred upon the exrsbng law and comracts were written based on the exrstrng law What you guys want to do here 1s make an after-the-fact law That rs going 10 be a really brg problem A retrospective law rs one that takes away existing rrghts It's a law that makes rlfegaf , an actrvrty lhat was lega l before One of lhe bus drrver guys I work w11h ... a fellow named Rick grew up in Wheat Rid ge On his property lhey had three horses As Wheat Rrdge deve loped they decided lhey could no longer have horses rn town and they passed a la w sayrng
you couldn't have any more horses Everybody understood that hrs fam il y could keep the horses They made a
specral provIsIon for those guys in grandfathering them m . that the grandfathering goes with you If you sell the
house or get rid of the horses . then there won 't be anymore horses The grandfathering does not go wrth the
land He felt sat1sf1ed w,th lhat outcome . In 1760 a fellow named Adams brewed beer and he made lots of
beer, made lots of money and peop le Irked it The King granted him a lic ense to make the beer and he followed
all the laws al the time . But then there was a problem The King of England dec ided that he did nol like Adams
He was a troublemaker. The King decreed lhat Adams must stop making beer and selling it and the V.,ng took
his property and took his business The law applied only to him and it look away his livelihood . All the olh er
brewers could conlrnue to brew beer The law look away his existing nghts by decree , when no cri me had been
comm11ted . Mayor Woodward said please wrap up , you have one minutes Mr. Cohn said one minute . I hope
thal you guys will talk with the City Attorney's Office and with the Community Development Office before you go
ahead with this thrng . This ,s clearly an unconstitutional law and may expose you guys to some possible legal
consequences There is a crime called malfeasance in office , where public offic ials make a ccnsclous decision
to violate .. to pass an unlawful law . That is what th is one is and I hope you will talk about 11 some more . I think
my trme has expired I will sto~ talking now
(c) Laurett Barrentine . an Englewood resident , said I am not here to talk to you spec ifically about
the boarding house rule I am going to try to backup a httle bit of what Doug Cohn just sard . I th ink if I could
make ti a little clearer for you .that if you do th is, if you ungrandfalher somebody , that you are vrolating the law
That you should understand that you are not above the law. That you have a responsibility , as an elected
official , to know the law At the last meeting when some people were filming , you got legal advice from lhe Crty
Attorney's Office, from Nancy Re id , telling you that you could go ahead and vote ... that Council or any board or
comm,ssron could vote to exclude somebody from recording your meet rng You didn't vote And the reason you
didn 'I vote , Is because the c1t1zens stood up , with the law In their hand , refuted what she said . and she was
silent And you didn 't vote . because she wa s wrong You cannot hide behind your employees . Dan Brotzman
Is your employee, not the olher way around If th is goes down .. ;he hability , the responsibility falls on your
shoulders . not his One of the reasons for that Is that he does not see his position as an advocacy pos itio n I
believe that you are under some mistaken ImpressIon that he believes that he is supposed to stop you from
doing anything that is wrong or illegal or that might cause the City problems . In a conversation shortly before I
'eft Counci l.. and I was unfMunate to have learned It so late ... I had a conversation with Dan about some issues
and I asked him . don·t you bel ie ve tha t th is could cause the City some lia bility , some problems in the future .. ii
violates prrvate property rights with the Constitution . or whatever it was lhat we were d,scus srng He said that
was not his role And I said then let me get lhts straight 1f Council wrshes to do stupid , you will let them? And
he sard yes . You are obligated to know what you are doing , when you are elected . This is not learning on the
I0b There are two small books that would have avoided some of this prob lem One is the Const itution ,ts
fa,rty small and the other Is Robert's Rules of Orde r An example tonight , Mayor .. ,s when you have an issue
and you are gorng to cha nge a process you can't do ,t the way you did . There has to be a motion . people hav e
to vote Every decision you make has to be on the record Noth rng that you do pubhcly can then be undone m
prrvate And you have done ,t You have 1,me after time received quesltonable guidance from the City
Attorney That you follow ,t. ,s your fault Not that he gives 11 That yo u tolerate ,t Is an issue of an
employee 1employer re laltonsh1p and that Is somelh1ng you should address I will Iust once aga in state you
were obli gated to know what you were dorng when you were elected That ,s whal you prornrsed people Not
that you would come to the aid and barricade up the C1ly . but thal you would re present th~ constituents who
elected you Thal ,s all I have Thank you •
Mayor Woodward said thank you
Englewood City Council September 15, 2008 Page 6 (d I Matthew Crablree an Englewood resident said I would like lo start off by saying tha nk yo u for your consIdera11on dur,ng the last Study Session lor exiondmg the bmeframe lhal audl<l recordings of these meetings are kepi This Is a step In the ngM d11ect10n and a step towards lurthering open government tn the City Although. the hes1ta11011 to e•tend this limelrame lurther than one year 1s a hltle pumng Many of you were adamant that the 11meframe IS only to be extended to one year and no longer The topoc al hand. reafty. ,s the Study Sesstons and the most concerning point of all 1s !hat there are no wnllen minutes produced from these Sludy Sess10ns This leads me to two concerns regard.,g this mauer Number one. most of the d1scuss10ns made, for each ordinance . are potocy doc,s,ons made 1n Study Sess10ns and they seem lo stay 111
Study Sessions When those ordinances or poloc1es are broughl 1n10 Council Chambers not very often do you
brmg those discussions along with Iha! S.>, basrca lly this places the public and even future Councils. al a
disadvantage .. .ror no1 knowing how you came to the conclus ion of tho vole lhat you voted on here. Now. the
second of my two concerns. like I said earlier, lhere are no wrlllen minutes made of Sludy Sess ions . which
means once those recordings of Sludy Sessions are deslroyed all record of those meehngs are gone Now, I
understand the Crty Allorney mentioned dunng lhat meeting on the,~. that Study Sessions are only for
educational purposes of Council and there are no dec,srons during Study Sess10ns whic:h. according to the Crty
Attorney is the reason why aud,o recordings can be destroyed and no wntten minutes have to be laken Bui the
fact ,s and th<S IS what Is 1nteresMg you have many tomes made de_.s,ons duNng Sludy Sess,ons You 1us1
call these decrsrons somelhtng different you call them a consensus But the ltteral meaning of the word
consensus .a consensus rs a decis10n For ctarilicat,on lhe def1mt10n of lhe word consensus is ·a method of
making decisions through which a group stnves lo reach subslanlia l. though nol necessarily unanimous.
agreement on mailers of overall drrecllon and policy which can be supported by an·. Thal ts a definilion of the
word consensus So . 1f you are making a consensus which you have done countless times at Study
Sess10n .. you are actually making a decisron In !here . whoch renders the commenls that Mr BrolZman made
during that SI\Jdy Session, lnval,d Bui the mosl In1erestIn9 part ,s. once those audlO recordings are destroyed
there is no record ol your consensus deos10ns Whoch means If there is no record of your consensus decisions
made dunng Sludy Sess10ns. lhen there 1s no record ot the change being enacted Ir there is no record of lhe
change being enacted . then dis not legal and 11 does not exist Jusl so you believe me I am going to reference
the Coloradc Open Meetings Law .subsecbon number 8 and subsect10n number 2 that actually references
this matter We are going 10 S1811 with subsection number 2 ti pertains to the m1nu1es II says minutes or any
meehng of a local pub lic body, al which the adoption ol any proposed policy. pos1t1on, resolul10n. rule. regulal10n
or formal action occu rs or co uld occur. should be taken and promptly recorded and such recording shall be open
lo public lnspecllon Now I am going lo Jump to subsection number 8. where 1t Slales no resolul10n, rule.
regulation, ordinance or formal acllon of the Stale or loca l publoc body shall be valid unless taken or made at a
meehng that meets the requiremen ts of subsection 2 Where I am gelling at. Is that any 1,me and I can count
easdy to trmes over the last year you have made consensus dec1s1ons 1n Siudy Sess10n !hose aren'I legal
and those canl be upheld 1n Court If you don'I bet.eve me this 1s the absolute truth here This
law everybody. every elected offiaal tn the State ol Colorado has to follow this and there are no excepbons
and no queslrons to 11 11 ,s your respons,txbty to uphold the Cons111u110n ol lhe United S1a1es and this IS 1n there
Dan Brotzman . al one point, had said and thrs 1s concerning and regarding the Open 111eelings Law Dan
Brotzman said al one pornl 1n response lo Bob McCasl1n one of Bob McCasl1n s comments or quesl10ns how
Bob Mcca slin shou ld be able to conlacl other Council membe1s via telephone or whJI0•er way Dan Brotzman
said. well . the public would prefer lhal these comments wou ld be made 1n the public 01ena ;;_11 d 1s nol a
mailer of preference and I think that lhis 1s an example of Mr Bro1Zman's ol '• o woy ho looks at the law And I
am really concerned So. I would like lo Jump forward real fast ond ,cal quic~ lo;,ve you w,lh a 1opic regarding
open meeltngs lhat I round 1n1eresbng in a recent Denver Post article "for a democrocy to work people need 10
have a slake in what their government 1s dc1ng We sunpfy can'I have govemmcnl tor lhe peopte, by the people
unless people are w,formed • This also tres inlo the boarding house 1h1ng I low do you know thal the legal
ad•oce lhal you have recewed to this po,nL regarding the board,ng house mailer and removing the grandfather
clause. 1s legal? The Open Meetings Law hasn't been followed 10 lh1s po,nl How do wo know thal the olher
advice ,s being provided? I !hank you for your hme
Mayor Woodward sa,d thank you
( l) Robin Noffsinger. an Englewood resident said I Just have a lcw cornmcnls As you know, a
group of us attended the Publoc Hearing on Seplember 2.,. regardmg the p1oposcd ome11dmen1s of board,ng
and ,oom,ng houses Our group tried lo stay focused on the issues al hand bul 11 beC.Jm<' appa1cn1 as the
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Englewood City Council September 15, 2008 Page 7 evening progressed, l ha l this was nott,ing more than the Bartnicks. their friends, acquaintances and church members filling this meehng w,th false accusations and slanderous statements towards my family and members of our group We were accused of saying things that were not true That we used friendships of Council lo our advantage When m fact, we tned to address our concerns with our own DIstnct Councilman Joe Jefferson first A!sO. saying IhaI my husband and I were personal friends with Ga,y Sears When, ,n fact, we have been in contact with Mr Sears twtee on this issue of rooming and boarding houses But the worsl slander of the evening came from a fonner Council member here tonight who does not even know us or has ever tall<ed 10 us staling thal we were rac,sts And all of this while they were under oalh But I ask you .• do we really expect
anything different from th,s group of people? At what point does all of this become a pubhc nuisance?
Obvio usly, there Is no way to keep all parties happy and we don't envy Council's position. But I'm sure you
don't envy my position being one of only two households next door to a rooming and boarding house In an R-
1-C District. Again , thank you for your lime.
Mayor Woodward said thank you
(I) Joanna Mulnix, an Englewood restden, said I would Just fike to express my opinion that I tlunk
R-1 residential zoning has, historically, always meant one-family residenhal And I would hope that rt would stay
that way Also, t would like to resubmit this neighborhood petlbon regarding the skate park at Cushing Park, I
would hke to ask that Council, again, read the petition and return it to the City Manager Cushing Park seems to
be gellmg the reputation of an unsa fe, drug park . And our mutual goal Is a safe, clean, drug-free residential
area Thank you
Mayor Woodward said thank you .
(g) Frank DeHoff, an Englewood restden, satd I came before you here and asked for some help to
gel my alley fixed Gentlemen, you don't have to worry about gettmg your shovels and wheelbarrows. II has
been vastly rnproved It Is still a work In progress and I hope tt wil continue to improve It Is a lot better and, In
fact. I noticed the Humvee salesmen are no longer bnngIng their customers down the alley atter a rain. There
was laughter, Mr. DeHoff said thank you again
Mayor Woodward and several Cou ncil members said thank you.
(h) Miguel Drake, an Englewood residen~ said thank you for your time and thank you so rnuch for
all the hard work thal has gone into this. There has been an awful lol of rancor involved with the pos1lion
regarding boarding houses ,n R-1 I really appreciate the effort and the pain that everybody u, the City has gone
llvough trying to deal with this p<oblem. This could be about a lot of other things then ,t Is It could be about
property nghlS usage and whether oc not the property nghlS foe a single person trump the property nghts of !hell
five neighbors This could be aboul issues regarding whal Is appropnale What 11 fundamenlally comes down to
Is that In R-1, which ,s a single famRy zoning ... as currenHy coded . you could have 4 bedrooms ,n a 4,000
square foot house you coold put 8 people in that house Chat turn over every 30 days You could do that ,n 20
houses o n a block I ask II lhal is fundamentally R-1? Is this a use that Is appropr1ate for a single family zone?
I don't lhlnk so Maybe ,n some places it is, Maybe In Glenwood it is Maybe ln,..I don't know .. Capital H1lt II is
I used to hve ,n l he Baker neighborhood I hved upstai rs In R-1 In a 25 fool wide house Maybe R-1 Dor R-2 D
or whatever Denver cans ,t It Is an extremely high density area That 1sn·I where I chose lo move I moved lnlo
an area thal was a house and a family, and a house and a family. and a house and a family I really appreciate
lite delense of thal neighborhood And now we have a second issue and the second issue. of course, ,s thal of
l~~ laking and thal of the property nghls of the ind1Vldual There are some conshtultonal issues there and ~ is
worth nobng however thal ,n the last lhree years the Sup<eme Court of the United Stales has deoded lhal, ,n
fact. 11 ,s okay to take from an 1ndivtdual property owner not to give to a City, not to gtve lo a common
JurisdIct10n but to give lo a pnvale redeveloper. I'm not saying that ,s nghl All I am say,ng Is 11 Is somelh1ng lo
be aware of wnen you are considering the legallly of a taking So, when It comes down to It, we have IWo
fundamental issues One 1s the first part ... the r11sI part being the prolection of R-1 and zoning. Which Is, In fact,
appropriate ,n my opinion The second of which ,s whelher or nol lhe taking Is appropriate And In my opinion,
if 1t Is deemed to be lega l and deemed lo be defensible, lhen I lh1nk <I should happen because m this particular
s1tuat10n what ,s happening Is, 1n facl damaging lhe neighborhood Thank you Have a good evening
Englewood City Council September 15, 2008 Page 8 Mayor Woodward said thank you (I) Paul HendrlCks, an Englewood resident , said I didn't come here to say this, but since I'm here I can't resist a mterophone you might say I am addicted to this stuff It scared me the last three weeks and I iust wanted to get 11 out in the open here . that any one of you Is 1ust one lucky gubernatorial election from being one heartbeat away from that old man that has had cancer and make him President So but then again most of you, with the e~cepbOn of Jill aren't pretty enough to make that anyway D,d you get that? There was laughter
(J) Rick Gtllil an Englewood resident, said I JUSt wanled to remind this Council and remind thts • public that the Bartnlck's won their court case. They have the legal rig ht to do their business The City lost and
they won I JUSt wanted to remind everybody that that has already been set I do want to say that I think the
issue here Is not that the Bartnick's made a mistake and not ,r the residents of this City are getting raw deal.
Honestly, I see that this Council or this City made the error The Bartnlck's did what they thought was legal and
actually these lotl<s have the legal nght to an R-1 D,stri.."l .. okay. I am here to defend them then, ,n the sense
that I live in an R-1 and I want my R-1 as well . But we also have to live with our decisions. Decisions were
made. some time ago, to allow boarding hOuses in an R-1, by an oversighl not of Ille Bartnlcks and not of these
fine residents I lh,nk it is tmportant that this Council understand that Ille decision was made at the City level
and it needs to be corrected at the Cit)• level. Let's do Ille right thing. I don't know what Ille true answer is t
have an Idea. But I say, let's not punlsI, somebody who did what they thought was right. Let's help the C,ty
from this point forward say ... l'm the City and we probably shouldn't start a new boarding home In an R-1
District, but definitely we have the moratorium, but no new ..I think we've done what we should have done as a
City in that area. These people definilet1 have a right to be upset that the City had oversight. The last time we
tal ked, some of the residents were very upset at those favoring the Bartnlcks , and probably rightfully so ... and
I'm sure that Ille Bartnicks were pretty upset that they put an investment by what they thought the City was
allowing So my addres s Is to the C,ty ... let's do the right thing, let's stand up and say if we made a mis take, we •
made the mistake. let's make It right A~d let's just assure Ille :11y that we are going to really focus on doing
the nght thing ror them. Thank you
Mayor Woodward said thank you
8. Communication s, Proclamation, and Appolntmonts
(a) A proclamation declaring September 17-23, 2008 as U S. Constitution Week was considered
COUNCIL MEMBER McCASLIN MOVED, AND COUNCIL MEMBER WILSON SECONDED, TO APPROVE A
PROCLAMATION DECLARING SEPTEMBER 17-23 , 2008 AS U.S. CONSTITUTION WEEK .
Mayor Woodward asked if there was any discussion regarding the proclamation
Mayor Woodward said I find It ~onlc that the second ,tern on this says "whereas 11 ,s of the grealest importance
that all ctlizens rulty understand the provisions and principles contained In the Consbtutlon in order to support,
preserve and defend the Consututlon against alt eocroachmenr and ,t goes on With wihat has been gomg on
over the past rew months. It iust kind of htt home
Vote results:
Motion earned
Ayes Council Members Penn, Mccaslin, Moore, Woodward, Jefferson,
Wilson, Oakley
Nays None
9 Consent Agenda
COUNCIL MEMBER MOORE MOVED, AND COUNCIL MEMBER PENN SECONDED, TO APPROVE
CO NSENT AGENDA ITEMS 9 (a) (I), (II), (Ill) and 9 (b) (I), (II), (Ill), (Iv), •
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Englewood City Council September 1 S, 2008 Page 9 (a I Approval of Ord,nances on First Read,ng (t) COUNCIL BILL NO 62 INTRODUCED BY COUNCIL MEMBER MOORE A BILL FOR AN ORDINANCE AMENDING TITLE 3, CHAPTER 4, OF THE ENGLEWOOO MUNICIPAL CODE 2000, ENTITLEO ·cITY OF ENGLEWOOD NONEMERGENCY EMPLOYEES RETIREMENT PLAN ANO TRUST AS AMENDED ANO RESTATED EFFECTIVE JANUARY 1, 1999"
(•) COUNCIL Bill NO 63 INTRODUCED BY COUNCIL MEMBER MOORE
A BILL FOR AN ORDINANC E ADOPTING AMENDMENTS TO THE CITY OF ENGLEWOOD FIREFIGHTERS
PENSION PLAN DOCUMENT (THE PLAN).
(Iii) COUNC IL BILL NO. 64 , INTRODUCED BY COUNCIL MEMBER MOORE
A BILL FOR AN ORDINANCE ADOPTING AMENDMENTS TO THE CITY OF ENGLEWOOD POLICE
OFFICl:RS PENSION PLAN DOCUMENT (THE PLAN)
(b) Approva l or Ordinances on Second Reading
(1) ORDINANCE NO 48, SERIES OF 2008 (COUNCIL BILL NO 53, INTRODUCED BY
COU NCIL MEMBER WILSON)
AN ORDINANCE AMENDING ffiLE 16, OF THE ENGLEWOOD MUNICIPAL CODE 2000 PERTAINING TO
THE UNIFIED DEVELOPMENT CODE 2008
M ORDINANCE NO 49, SERIES OF 2008 (COUNCIL BILL NO 54, INTRODUCED BY
COUNCIL MEMBER JEFFERSON)
AN ORDINANCE AUTHORIZI NG THE ACCEPTANCE OF "THE JUSTICE ASSISTANCE GRANr BETWEEN
THE C ITY OF ENGLEWOOD AND THE JUSTICE ASSISTANCE PROGRAM FOR THE PURCHASE OF
TECHNOLOGICAL TOOLS.
(tll) ORDINANCE NO 50. SERIES OF 2008 (COU NCIL BILL NO 55. INTRODUCED BY
COU NCIL MEMBER PENN)
AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF A GRANT ENTITLED "STATE OF COLORADO
DEPARTMENT OF LOCAL AFFAIRS EMERGENCY MANAGEMENT PERFORMANCE GRANT AND GRANT
AGREEMENT (EMPG) WITH THE CITY OF ENGLEWOOD"
(ov) ORDINANCE NO 51, SERIES OF 2008 (COUNCIL BILL NO 56, INTRODUCED BY
CO UNCIL MEMBER McC ASLIN )
AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF AN EMS PROVIDER GRANT AWARDED BY THE
STATE OF COLORADO TO THE CITY OF ENGLEWOOD
Vote reaults :
Mollon carried
(C)
Ayes Council Members Penn, McCaslln Moore, Woodward , Jefferson,
Wdson, Oakley
Nays None
Resolutions and Molions
There were no resoM,on s or motJOns submitted for approval
IC, Public Hearing Items
Engle wood City Council Septe mb er 15 , 2008 Page 10 (a ) Ma yor Woodward said lh 1s ,s a Pubhc Hearing lo gather input on the City 's Proposed Budget for 2009 Director Grygfewicz , being duly sworn , said this Is a Public Hearing lo gather citizen input on the 2009 Budget fo r the City of Englewood I have JUSI provIderl the City Clerk with a copy of the Noti ce of this Pubhc Heanng !hat was published in the Englewood Herald on August 29 , 2008 , as we ll Proof of Publication on the City 's
Website from August 20 , 2008 to September 14 , 2008 . The Proposed 2009 Budget was delivered to City
Council on September 4. 2008 The City Charter requires Council to have the Budget on or before Seplember
, ,~ of the year City Charter also requires Council tn hold a Putlic Hearing within 3 weeks or the submission of
the proposed budget As I said , this is a Public Hearhg lo galher 1nrut on the Proposed 2009 Budget City
Council and staff will be havi ng a Budget Wo,kshop, September '20' ... that's this Saturday al 8·30 . in the
Community Room . I wil l open it for input
COUNC..,L MEMBER JEFFERSON MOVED , ANO COUNCIL MEMBER McCASLIN SECONDED , TO OPEN
THE PUB LI C HEARING TO GATHER INPUT ON THE CITY 'S PROPOSED BUDGET FOR 2009 ANO TO
ACCEPT DIRECTOR GRYGLEWICZ 'S TESTIMONY.
Ayes : Council Members Penn , Mccaslin , Moore , Woodward , Jeff erson ,
Wilson, Oakley
Nays : No1e
Motion carried ano the public hearing ope ned
Mayor Woodward said we are ope~ for quest ions for Mr Gryglewicz .
Mayor Woodward said I just want to mention that we have our retreat on Satu rday the 20'" here at CityCenter, •
And our General Fund right now we are showing uses exceeding sources by $800 ,000 .00. And from wh at I
see here ... the General Obligatio n Bo nd Fund has a $1 15,000 .00 shortfall; our Capit al Pr ojec ts Fund ... has a
$271 ,000 .00 short fall , and the Ca pital Eq uipmen t Re placement Fund ... has a $886 ,00 0.00 sho rt fa ll . So ,
obvio usly, we have our work cu t out for us on Saturday . I think as eve ryone kn ows, we are re qu ired to have a
balanced bu dget So where the dollars come from or what we cut out Is what we will be looking at Salurday
Mayor Woodward said are there any other commeo'• • ·,,· ·· Here no other comments
Laure l! aarrenline, an Englewood resident, be ing du ,1 , "11 , sr id since this is 1usl the fi rst reading and this will
be going back again my q~estion .my comments a,~ .,i.:d1ng the works hop . There was discussion over the
4 years that I was on Council , about tnis being a public re..o rd This Is nol a workshop All of the "ouncil
members attend, all of lhe Department heads attend Da~ Brotz man, the City Attorney and Gary ciears, the
City Manager are the,~ And o~cis ions are made on how our money wil l be spent I am asking that the meeting
be reco rded and that 1: ,t re.:ord1n~ then. be or the qllality good enough :;o that there can be a pubhc record
or .. e1the •lor . thal minu tes are also taken or a recording ... one or the ot her or bot h wo•rld be great. You are
spending our money and we would hke to know how you are do ing ,1 and that requires that a reliable public
re1;ord Is available , ,o that we know how the meeti ng went.. so that we can understand what deCJsions are
bemg made Do I have a guarantee that you are go ing lo Jollow the law and the Open Meetings LaN and lhat
~ record . City Attorney Brotzman said Ms . Barrentine this Is your opportunity to presen t to Council an d any
questions th~t you ask are treated as rheto rical Ms . Barrentin~ sa id I hope that somebody will take the lime to
answer . since that has been a bone of contentIon between the City Attorney and l ... that over l~e years , no
recording was made , that the law wasn 't fol lowed I think 11 Is a leg Ihmate question for me lo bring up I don 't
want the tome to pass .. by the time the meehng Is over , Is rot the li me to bnng 1t up I hope somebody will
address ii du11ng Council Choice. Thank you
Mayor Woodward said thank you
Mayor Woodward asked 1f there was anyone else who wan'.?d to speak du11ng lhe Public Hea11ng There was
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Englewood City Council So ptcmbo r 15, 2008 Page 11 Mator Woodward satd I w1U entena,n a mollon 10 close the Publ,c Hearing COUNCIL MEMBE R WILSON MOVED. AND COUNCIL MEMBER JEFFERSON SE CON DED, TO CLO SE THE PUB LIC HEARING TO GATH ER INPUT ON THE CITY'S PROPOSED BUDG ET FOR 2009. Ayes Council Members Penn, McCasltn, Moore, Woodward , Jefferson, Wilson Oakley Nays None MoI,on earned and lhe public heanng closed
11 Ord inances, Re solution and Motions
(a) Approval of Ordinances on First Reading
(i) Senior Planner Langon presen,ed a recommendabon from the Community
Development Department to adopt a bill for an ordinance authonz,ng an amendment to Tille 16 Unified
Development Code establishing an except,on 10 lhe minimum lot width and area requirements for subd,v,slOll of
propemes 1n afl R-1 zone d1stncts She sa ,d this request Is to approve the proposed amendments on first
reading and set a Public Hearing on October 6 2008 to constder publlC testimony on the proposed UDC
amendments The UDC establishes minimum lot widths and mInIm um lot areas In all zone districts And
section 16-8-4 (D) of the Code states that mlllimum dimenSIOns of lots shall be In accordance wrth Chapter 16-6,
Development Standards . The UDC also prohibits an y va ri ances to 101 width or lot area Therefore, no lots or
parcels may be created In the City that do not meet the rmnlmum lot width or the minimum lot area
requirements. Over the years, the City has been approached by property owners wanting to subdivide parcels
But those parcels are just shy of those minimum standards And, 1n all cases, we have had to say ... s,nce the
adopllon of the UDC and the adoption of the no varia nce requirement .. provide them a ·no· answer to the
request for subdivision The proposed subd1V1Sl01l excepbon would apply only in the R-1 zone d1stncts and
allow up to a 5% reduction ,n lot width or 101 area. for subdivision with properties The proposed exception also
requires a publ,c notice .. that WIii be nobced by posting of the property and publ,cabon It would also require a
Public Heanng by the Planning and Zomng Commission The proh iblt,on of the variance .. there Is a prohib1t1011
for vanances to the exception Therefore, the 5% could not be varied and lhe zone d1sIncts could not be varied
Also, there 1s a proh1bil1on for side seIback variances so that all side setbacks would still be the ~ame under the
proposed except1011 And the lots would have the same Side setbacks as an other lots In the dIstncts ff yo,,
have any questions, I would be happy to address them
COU NCIL MEMBER OAKLEY MOVED, AND COUN CIL MEMBER WILSON SE CONDED, TO APPROVE
AGENDA ITEM 11 (a) (I) • COUNCIL BILL NO. 65 AND TO SET A PUBLIC HEARING ON OCTOBER 6, 2008.
COUNCIL BILL NO 65, INTRODUCED BY COUNCIL MEMBER OAKLEY
A BILL FOR AN ORDINANCE AMENDING TITLE 16, CHAPTER 8, SECTION 4, OF THE ENGLEWOOD
MU NICIPAL CODE 2000, ESTABLISHING AN EXCEPTION TO THE MINIMUM LOT WIDTH ANO AREA
REQUIREMENTS FOR SUBDIVISION OF PROPERTIES IN ALL R-1 ZONE DISTRICTS
Council Member Wilson said I have a question W1U there be a PubllC Hear,ng belore the Council? Ms Langon
said no Righi now 11 s sel as 1ust a hear,ng before the Planning and Zomng Commission Should there be any
appeal, the appeal would go to Council Ms Wilson said okay If people come and want to speak, they will
have that Chance lo come to Council Ms Langon said if they formally appeal the decision of the Planning
Comm ission Ms Wilson said okay W,11 those people be notified al that bme of how to go aboul an appeal or
will they 1ust inquue with you? Ms Langon said they would generally inquire yes Ms WIison said okay
Mayor Woooward satd I have a quest10n on what would be the third to lhe last page, under llem D Loi Design
and Spec1ficat1ons Under a number (2) the th,d to the last tine ·or by any restdent of the Crtf rni
wondenng if that wo1d resident should be ·any real propeny owner ,n question"? Ms Landon said that language
m1mIcs all other sections ol the Code. of the UDC It is something we COUid certa,nty look at The reason that
Englewood City Council September 15, 2008 Page 12 was writlen that way was Just to mimic au lhe other sect10ns of the UDC that talk about 1mllabon of an acbon Mayor Woodward said okay So, Mayor Woodward said , there Is a def1M1on that we have of a resident that . Ms. Langon said I don't believe we have a definition of residenL but I understand your issue of a propertv :;.vne, a property owner may not be a resident He said my issue Is that a lenant or somebody else may not be the owner of the property Ms Langon said right. bul a tenant would be a resident of the City I believe ,t says "inlbated by those pSlbes Identified in SecbOn 16-2-3 (A)" I believe that also tdenbfies property owners
Ms Langon said 16-2-3 (A) says that an apphcahon for review or approval, under this le , shall be filed by a
person having legal authority to take action in accordance with lhe approval sough! Those persons include 1
lhe reco,d owner of the property and 2 a purchaser under a sale authonzed In wnt,ng 10 do so, 3. an agent of
lhe record owner authorized In writing to do so, or 4, any other party specifically identified as being eligible lo Ne
a particular type of application In this Title So, as 16-2-3 (A) says lhal an appllcallon could be lmlialed by any of
those people or any resident of the City. It's pretty broad
Mayor Woodward said, Oan ... with ·any resident of the CI1y•, could we get into ... for example. what we were
talking aboul In years pasL under historical designat,on ... ·any resident'? Are we dealing with property nghts
there, When we say "any re$1denr? City Attorney Brotzman said lhal lerm Is lrad1llonally, In terms of appeals, U
makes sense to let neighbors appeal certain dee sions In this par1Jcular arcumstance, as broad as 16-2-3 (A)
1s, you could probably slop 11 right there and eliminate ... "or by any resident of the Cily" That way you have
Included all property owners or anybody with an Interest In the property. $,nee you are talking ebout actually
subdrvlding land, you want them to have an interest In the land that they are actually subdividing. Mayor
Woodward said right
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Mayor Woodward said I guess I would propose that we amend It after EMC, and delete "or by any resident ol •
the City". Does that wc111? Coty Attorney Brotzman said yes, and you will need a motion to amend . Mr.
Woodward said okay
Council Memoer WIison said so, you want to put a period after EMC? Mayor Woodward said COITecl Ms.
Wilson and erase the rest of that sentence? Mr Woodward said correct...detete the end ... "or by any resident of
the City·
Mayor Woodward asked if there were any quesUons There were none
COU NCIL MEMBER JEFFERSON MOVED, AND CO UNCIL MEMBER PENN SECONDED, TO EDIT
SENTENCE IN EMC 16-M D (1) (a) (2), TO END THE REFERENCE AT EMC, AN O ADD A PERIOD AN D
DELETE "OR BY ANY RESIDENT OF THE CITY".
Mayor Woodward asked If there was any other discussion There was none
Voto results:
Motion earned
Ayes. Counal Members Penn, McCaslin, Moore, Woodward, Jefferson,
Wilson, Oakley
.~ays· None
Mayor Woodward asked 1f !here was any other discussion or questions regarding Agenda Item 11 (a) (i)
Mayor Woodward said I have another question, Jusl a question. During the P & Z Hearing, Mr King had brought
forward the parking for R-1-C lots that had been reduced He had suggested that If the property has alley
access It must have a rear loading garage. Old a P & Z Study Session address this at all? That's Just a •
question
Senior Planner Langon sa,d can you direct me to the area in the minutes I am not familiar. I don't recal lhat
The page numbe1s are at the top ot the minutes Mayor Woodward said on page of 8 at lhe August 19, 2008 P
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Englewood City Council Septombor 15, 2008 Page 13 & Z Public Heanng, the second lo lasl paragraph "Mr King would uke to see on the amendment the fact that 1! the property has alley access 4 must have a rear load Ing garage to minimize the impact of 1he garages on lhe front of lhe house 1f the lots are g01ng to be a little smaller · It goes on there and that was going to be bro ught back al another :,me Mr King withdrew his mohon so that cou ld be brought back Ms Langon said thal has not been brought back yet The Comm1ssl0fl os going 10 talk about thal In context of all design. w1th1n all zone d1s1nc1s Mayor Woodward said okay thank you That is all I have Vote results on the approva l o f Council Bill No. 65, as amended and setting tho Public Hearing for
October 6 , 2008:
Ayes.
Nays·
Motion carried
Council Members Penn , Mccaslin , Moore. Woodward , Jefferson,
Wilson, Oakley
None
Ms Langon sard lhank 1•ou.
(i1) Director Gryglewicz presented a recommendation from lhe Finance and Administrative
Serv1ees Department 10 adopt an emergency bill for an ordinance authorizing and approving the rssuance of
Private AcUvity Bonds for cap,tat improvements at variou s Boy Scouts of America siles, He said they are a non-
profit organization and the tax code allows the City to Issue those Bonds on beha~ of aft the non-profits. This
allows them to ossue bonds and do Capital Projects at an interest free rate on their debl which lowers the.-cost
and they can do mo,e projects. This is an issue that ls solely nepald and it's an obligation Just for the Boy
Scouts, They win pay us a fee to do this and our out-or-POCkel costs And In compliance wM tax laws, there
w"I be a Public Heanng on this issue, October 1• al 2:00 p.m. In the City Manage(s Conlerenoe Room
COUNCIL MEMBER Mc CASLIN MOVED, AND COUNCIL MEMBER JEFFERSON SECONDED , TO
APPROVE AGENDA ITEM 11 (1) {II)· COUNCIL BILL NO. 67.
COUNCIL BILL NO 67 , INTRODUCED BY CO UNCIL MEMBER McCASUN
A BILL FOR AN EMERGENCY ORDI NANCE AUTHORIZING THE ISSUANCE ,6.ND SALE BY THE CITY OF
ENGLEWOOD, COLORADO OF A REVE NUE BOND (DENVER AREA COUNCIL. BOY SCOUTS OF
AMERICA PROJECT) SERIES 2008 IN AN AGGREGATE PRINCIPAL AMOU NT NOT TO EXCEED
$7,000,000 FOR THE PURPOSE OF FINANCING CERTAIN FACILITIES AND IMPROVEMENTS,
APPROVING A RELATED FINANCING AGREEMENT AND A BOND TO BE ISSUED THEREUNDER AND
AUTHORIZING THE EXECUTION OF SUCH FINANCING AGREE MENT, BOND AND OTHE R RELATED
DOCUMENTS: MAKING FIND INGS AND DETERMINATIONS WITH RESPECT TO SUCH FINANCING AND
THE BOND, AND REPEALING ALL ACTION HERETOFORE TAKEN IN CONFLICT HEREWITH AND
DECLARING AN EMERGENCY
Mayor WOOdward asked ~ there were any questoons There were none
Mayor Woodward said iust to re Itera1e Frank lhe C11y does not take on any responsoblhty for the repayment of
tile debt or pledge Mr Gryglewicz said no It ,s solely the obhgaloon of the Boy Scouts of America
Mayor WOOdward asked 1f there was any other d1sc uss1on Tl1ere was none
Vote results:
Mollonca<ned
Ayes Councol Members Penn. McCaslln. Moore Woodward, Jettersor,,
Wilson. Oakley
Nays None
(b) Approval of Ordinances on Second Reading
Englewood City Council Sept9mber 15 , 2008 Page 14 (1) Council Bill No 38 , amend ing th e Unified De velo pmen t Code relating lo boarding or rooming houses was considered Mayor Woodward said I would like to open this up tor d1scuss 1on. We have had a Public Hearing with lots or disc uss ion and public comments We have had a Public Hearing through P & Z Council Member Wi lson sa id I have something to say I would like lo speak briefly about the Publ ic Heanng. There were many accusations thrown around two weeks ago . First , about staff ... since I have been on Council , I
have requested many items from staff . They have done many times more than I wanted . Second, I feel ii Is
better to work cohesive ly with your colleagues II Is important to treat staff and Council members with respect ,
instead of bullying tactics . I was concerned to see some citizens use this lime lo gel off topic and, in my
op inion , grandstand tor his or her own agendas The process Is not always perfect. Many Issues have to
change with the times . Howe ver. what I do know is . there are those who do and then there are those who
complain Perhaps il wou ld be a belier use of lime if the naysayers were doers . That's all I have .
Mayor Woodward sa id thank you
Mayor Woodward asked ii there were any other comments
Council Member McCas hn sa id I would like to say there was an oversight in lhe ordinance regard ing board ing
houses in the R•1 Zone in Englewood . It is unfortunate that citizens in lhal residential zone are forced lo live
next door to a boarding house , due lo that oversight. This is an example of abiding by the letter of lhe law, but
nol by the spirit of the law.
Mayor Woodward sa id is there anyth ing else?
Mayor Woodward sa id I would like lo make a comment that I certa inly beli eve that R· 1 Districts are single-family
residentia l distric ts . That's what they were intended lo be , that's what they were prior to the UDC , that 's what
they typically are ... lhey are for lamllles . I th ink back in 2004 , when the UDC was comp leted, there , obviously,
was an error If there is any blame here, it encompasses a whole lot of peop le. I know there was an apology by
one or the members on P & Z board ... that said they fell responsible for missing that. I know that there is one
Council member left on Counc il today that voted on the UDC . One of the Council members lha l spoke here
tonight and al the last meeling ... was on that board . The UDC passed 7-0 . There were Pub lic Hearings , there
were discuss ions and there was plenty of work done on the UDC . II Is a very fluid document , a very large
document There was an error and with an error and with the law be ing what ii Is, I do believe that when there ,s
an error and the law is changed, grandfathering is the appropriate thing to do, in that specific case .
Grandlather,ng ... il isn 't a blanket thing . where you are Just grandfathered In. There are differe nt types of
grandfathenng that happen , Certainly on different types of land issues and codes , building codes ... thal sort of
thing . So , I know the P & Z .. and what was presented 10 the Plann ing and Zoning Comm ission was a
grandtathenng for R· 1 Districts .. and the conditions for all the zone districts that it would be approved in . I tend
to be li eve lhal... aga in, as I staled, boarding or rooming houses in future R· 1 zone districts are not appropri ate .
In lhis particu lar case , I do belie ve that there should be a grandfathering of this particular one that we know of
We heard , last meeting during the Public Hearing , about 20 ... and that had come from the loca l newspaper .. I
also understand the lucal newspaper knows nolhing about 20 rooming houses . I feel like there was a lot of
emotional stuf f. In go ing through the minutes of the last meeting, there was a tot of pulling out and gelling the
emotional stuff out and digg in g into what the objective stuff was . Personally, I feel for people In an R· 1 District
where the re Is a rooming and boarding house .. however, m all fair consc ience , that would be my position.
Although , that ,snot \\'hat is on the lable
Mayo r Woodward said are there any further comments .
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Co unc il Member Oakley said I'm a little contused Have we ca lled tor a motion . Mayor Woodward sa id we hav e •
not called for a motion Mr Oakley said I was going to wait for dIscuss1on after th e call for the motion
COUNCIL MEMBER MOORE MOVED, AND COUNCIL MEMBER WILSON SECONDED , TO APPROVE
AGENDA ITEM 11 (b) (I)· COUNCIL BILL ND . 38 .
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Englewood City Cou ncil September 15. 2008 Pag e 15 COUNCIL BILL NO 38 INTRODUCED BY COUNCIL MEMBER WILSOI>: ABILL FOR AN ORDINANCE AMENDING TITLE 16. CHAPTERS 5, SANO 11 , OF THE ENGLEWOOD MUNICIPAL CODE 2000 RELATING TO BOARDING OR ROOMING HOUSES IN THE CITY OF ENGLEWOOD COLORADO Council Member Oakley said I have some or the same feelings you have and I made up my mind, as to what Is
fair, a long lime ago regardless of what was said here Grandlathenng Is an omportant pan of things we do
and It ,s. many bmes, a lair th,r.g to do That Is what I based my oprnion on I think with that l'U pass 11 on
Council Member Jefferson said It was also a d1fficul1 decision for me. I saw all the different sides lo this issue II
was. obv10usly. an emotional Issue for many ol lhe folks vwolved I do see a burden on ne1ghbors ... polen11a l
boarding houses .. II was not foreseen that boarding houses would be allowed In R-1 Bui I also see the
opposite side a landownefs nghts lo use lhe~ property .. once those nghls have been granled ... whether
advertently or Inad vertently And I th ink both sides presented some reasonable arguments that boll down
to .. the government messed up, they should make this right...or ... government messed up and they shOuldn't
infringe on the ngh ls of thal Individual I had to sorl of lake a step back as Jim dtd . when we were loolung
through some of the arguments In the Public Hearing and decide what is best for the policy ol lhe City and what
is best for everyone In the City Outside of what is going on. on Pearl Streel even though that is an important
considerabon as to what ls going on, I do feel that there Is a burden on the neighbors. However, I feel that
burden Is ou tweighed by a burden on the Individual, If this ordinance were to pass as wntten. I think that the bill,
as written, would be a domain action, a retroacllve law and dangerously ciose to a bU: or attainder ... which would
be law against a single indMdu al .. as we only know of one boarding house in this area. The ordinance, as
wntten, would also leave us wilh large liability concerns and cou ld force very costly litigation for lhe City Again,
I am concerned also about lhe rights of lhe neighbors .. forcing the burden on them, to bear the burden or a
mistake made by lhe City. I have thrown out there Ille possiblilty for a win-win situation, where the neighbors
wouldn't have to bear that bulden and l think that is WOrlh pursuing, regard less ... well...worth pursuing d the
grandfathering clause were allowed back Into the ordinance. That being said I would like to make a motion to
amend lhe current ordinance as It stands, to allow back in the grandfathering cla use, with some stipulations on
clarificahon of what the 60 day rule would be for folks who would be allowed that grandlathenng.
COUNCIL MEMBER JEFFERSON MOVED, AND COUNCIL MEMBER OAKLEY SECONDED, TO AMEND
AGENDA ITEM 11 (b)(I). COUNCIL BILL NO. 38, TO ALLOW BACK IN THE GRANDFATHERING CLAUSE,
WITH SOME STIPULATIONS ON CLARIFICATION OF WHAT THE 60 DAY RULE WOULD BE FOR FOLKS
WHO WOULD BE ALLOWED THAT GRANDFATHERING .
Council Member Oakley asked If 11 would be appropnate for the Clerk to read th,s. Council Member Jefferson
said I think so. being as 11 wasn't provided to lhe public
City Cler". Enis read ·section 6 Grandfathering an existing boarding or rooming house For all zone d1suocts
existing Boarding or Rooming Houses may be •grandfathered° under his Ordinance To quahly as
•grandfathered" and therefore not required to have an initial Conditional Use Permit hearing, the appltcanl for
·grand lathenng" shall regisler as an existing use and prOYlde the following within sIXty (60) days of final passage
of this Ordinance· 1 Proof acceptable to the City Ma nager or designee that the use was operating pnor to the
date of the passage of Ordinance No 23, Senes of 2008, entitled •AN EMERGENCY ORDINANC E
ESTABLISHI NG A TEMPORARY SUSPENSION OR MORATORIUM ON THE ESTABLISHMENT OF NEW
'ROOMING OR BOARDING HOUSE' uses FOR A PERIOD OF SIX MONTHS" 2 Proof acceptable to the City
Manager or deslgnee of ccmpllance with all provision of 16-5-2 (A) (7), EMC , Use Spec1f,c Slandards for
Boarding or Rooming House 3 Proof acceptable to the C,ty Manager or deslgnee or fina l inspection and
approval of all apphcable City penmIts and licenses required for the property or structures, Including, but not
hmited lo any required or outstanding penm,ts relating to the tnterna t1onal Serres or building and safety codes as
adopted by the City •
Mayor Woodward asked ,r there was any dIscuss10n on that language
Englewood City Council September 15, 2008 Page 16 Council Member Moote said I have some quesbons Mr Brolzlnan may I cianfy lhat the ongmal ord,nanc:e ,n front of us ,f we were 10 pass 11 as wnuen. would be a legal amendment Council would not be acting with malfeasance 1f we were to pass It as wntten? Coty Attorney Brotzman said that ,s correcl There are cena,n ram,nca lions lhal may now from passing II and there may be certa ,n ha b11Jtoes lhat flow from passing the ordin ance. bul II Is a legal document Council Member Moore said I will not be supporting the proposed amendment It Is an extremely difficult dec1s10n for me, but I have repeatedly held lhat Council In noy tenure and, what I understand about lhe hIs1o,y
before •~ has always protected ,is R-1 O,stricts Th,s srtuauc.n ls a lembfe Sdua1,on for us to be In, bul I am
compeUed to do whal I feel ,s necessary to conbnue 10 protect our dislnCIS and I believe 11 is an
absolulely maybe there are some courtroom argumenlS for II bul ii Is morany 1nappropriale to characlt:rize
this as some nght lhal Is vesled and was rehed upon, as an atter lhe facl determination. as lh1s process
unfolded ... eventually revealed an error that was made, as lhe Mayor characterized, and I will stand behind
efforts lonighl to correct lhat error I will take this opportunity to also commenl on lh e Public Heanng process.
In my time on Council I have really respected when the pubhc has come out and participated This Public
Hearing process has bothered me because of the degree of personal attacks. character assassinalJons.
lrrelevanl character elevalions, citizens accus,ng a group of people here that have chosen to give much of thetr
personal l~e 10 acl in the best 1nteres1 of the Cily For someone 10 suggesl lhal we are acting with anything
other ll:an an mlenl lo besl serve the c,1y rs disappoinbng, lo pul ft mildly. And some charactenzatoons by
former Council members of the process are nol exaclly accurate, so lonighl I will nol be supporting lhls
amendmenl I will be supporting the passage of lhe ordinance as written. I will do II wilh full confidence In lhe
service lhat lhls Council gives il s City. full confidence In lhe process thal was sel up for 9ovemln9 this Clly and,
Mr. Brotzman, I will do ii with full confidence of lhe advice lhal lhe C,ty Attorney's office provides Council on a
day•to-day basis So. with thal you will understand why I wlU be voling no. Thank you
Mayor Woodward said thank you Are there an/ other commenlS?
Council Member Penn said I thought about lh1s for qu,1e some time John, I'm glad you ca me oul wdh lhal,
because R-1 Is for sing le-families and I would back what John ju sl said .
Mayor WOOdward asked if there were any other commenlS
Mayor Woodward said I will support Joe"s argument as I believe there was a gijlch and I believe everybody,
starting with Council going bacl(w3rds 10 staff, P & Z and 1he public lhal were here ,n the City, 1h31 dldn 1
calch this are responsible I !honk we are an responsible .
Mayor Woodward said unless lhere Is furt he, commenl we are vohng on Joe's amendmenl only.
Vote results on approval of the amendment to Council Bill No. 38:
Ayes Council Members McCashn. WOOdward , Jellerson Wilson. Oakley
Nays Council Members PeM, Moore
Mot1011camed
Coty A11omey Brotzman said now you need lo vole on lhe Ordinance as amended
Mayor Woodward said we are now vobng on 11 ,e Ordinance as amended, unless lhere is further discussion
Council Member Moo,e said I would l,ke lo clar,fy somelhIng I WIil be vobng for this Ordinance as amended
Allhough I did no1 support the amendmenl t respecl the process ol Cou~ and win vole for the Ordonance as
arnenlded, as opposed 10 doing nothing al an
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Cit)· Clerk Ellis said Dan, I just have a queshon This Is a subslanllve change. so ii becomes amended on fl1s1 •
readmg and we w,11 have fina l reading at lhe nexl meellng? Ci ty Atlomey Brotzman seId lhal ,s correcl
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Englewood City Council September 15, 2008 Page 17 Counc,1 Member Moo<e said Dan do I need to re-move thas clanfy,ng that this now goes to first reading? This will coont now as r~st reading so we w,11. d a passes need lo vote agillll on 11 at the next Coone~ meehng Crty Attorney Brotzman said correct Mayor Woodward said are there any other comments or d1scuss1on? Council Member Oakley said JUSI for clarif1cat1on this Is a vote for first reading? City Attorney said no, lhls Is a vote for a Countll Bill as amended He said you approved the amendment that piece, now you are voung on
the enbre Couool B~I as amerJded
Coonol Member Oakley sa,d I guess I have a couple more things. II has been an unpleasant process I
100 ... respecl the zoning that we have and 11 should remain that way The rest of this will do that. but I still felt
that if we had made the mistake and II had been proven and to do some thing like this and put us In jeopardy of
having to spend taxpayers money for one of our mistakes .. I wasn't able to support. So, that is why I am voting
the way I am
Mayor Woodward said are there any Other comments?
Council Member McCaslin said I agree I go with what Wayne said . I don't agree wdh what Is happening, but I
have to agree Wlth the process . that we made the mistake and we have to fess up to It and ii is just a shame
that the people are out there and they have to live next door to a boarding house In R-1, which Is sing le-family
dwelling . I didn't hear from anybody last year about this, as far as on the opposing side, as far as why we
should allow boarding houses ... we had a few discussions • bill no one called me, I didn't get a lot of phone
calls sayv,g "Mr. Councilman how do you feelT My phone Is open . I was asked a couple of hmes. I told a
couple of people I would be glad to have Ulls dlscusSIOl'I. but nobody fessed up I reany feel bad for people who
live m that block. Unfonunalely, I have lo agree with you Wayne ... I think we have lo hve up lo our mistake.
Councd Member Wilson said I iust wanted to say I am sorry and I do feel bad for !he people who have to hve
next to the boarding house But I am In agreement with the new ame ndment. .. the change
Mayor Woodward said are there any otner comments There were none
Mayor Woodward said would you please vote on the amended Council Bdl
Vote result& on approval of Agenda Item 11 (bl (I I • Council Bill No. 38, as amended:
Mobon earned
Ayes Council Members Penn, Mccaslin, Moore, Woodward, Jefferson ,
Wilson Oakley
Nays None
(Cl Resolutions and MOIIORS
There w.!1 no resolutions or mohons submitted fo, approval
12 Go noral Discussio n
(a) Mayo(s Choice
(1) Mayor Woodward said I want to make a few pomts IJVhal was S31d last week by a
fo,mer Council member regard,ng thrs expendrture of money $350 00 an hour. hlnng an attorney that Is not
the case We have not hired any attorneys at $350 00 an hour With regard to the signage code .. we won that
case. That case Is now In appeal But we won the case With regard to Judge Atencio making a ruling on the
boarding house , Judge Atencio did not make a ruling that was a plea made by the prosecutor There was a
subshtute attorney from the c,Iy of Littleton II was an arrangement where we did not pay him to do that
because, I believe and correct me If tam wrong our City Anorney basically, had a complaint agaIn~t him. so
he removed himself from the case So some of these th,ngs that have been said are 111st not so They dre not
Englewood City Council Soptombor 15, 2008 Page 18 correct and I 1h1nk 11 ,s only appropna:e when somebody who has ae1uany voled , had 1he opportunity 10 vole for this and voled for 11 admits that and stands up and doesrn 1 Mn toward the crowd, hut stands up and says she made a mistake also (b) Council Members Choice (I) Council Member Penn
He said congralulat,on to Ouray Sportswear and Red Bird Farms
2 He said I know we have supported Englewood High School Parade vi the past but I do not know where
lhal was budgeted lasl year I thin~ rt has been budgeted many bmes before
CI1y Manager Sears said I can't say nght olf lhe 1op or my head I know we have done that and paid for thal In
lhe past I assume that ,twas budgeted !Of this year under our $1 ,000 00 account that we have
Council Member Penn said even lhough they are not going down Broadway ... which is always a great thong fo,
Englewood High School being the only City to have their homecoming go down ·main" street I would like :o
make the following motion·
COUNCIL MEMBER PENN MOVED, AND COUNCIL MEMBER MCCASLIN SECONDED, TO APPROVE TO
SUPPORT THE ENGLEWOOD HIGH SCHOOL WITH THEIR PERMITS AND ANYTHING ELSE THEY NEED
FOR THE PARADE, COSTING ABOUT $273.00.
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Mayor Woodward said I guess I would ask the question .. where does that come from? Counc;ll Member Penn
said I just asked Gary. •
Coty Manager Sears said Rock ,s here Riel(, I don't know ~ you can respond to that I don't ac1ually 1(now Where
the kne item IS, but I know thal we have approved lhat in lhe pasl
Director Kahm said thal funding ,s avaltable ,n our Public Works Department funding .. tralfoc conl/ol So we can
hand:e that very easily we have for many, many, many years
Mayor Woodward asked If there were any other questoons or discussion. There were none
Vole results :
Motion carried
Ayes : Councll Members Penn, McCashn, Moore , Woodward , Jefferson,
Wilson , Oakley
Nays Non e
3 He said I would hke to make a motion and aga,n I do not know where all this funding come lrom we
would have to ask Mr Cohn where he got lund1ng last year from Englewocid foe putbng on Englewood Days I
will move whaI Michael put before us and then hopefuffy somebody won second ,1 and can either discuss n or not
discuss rt
COUNCIL MEMBER PENN MOVED, AND COUNCIL ME,MBER OAKLEY SECONDED , TO APPROVE WHAT
MICHAEL MORTON PUT BEFORE US REGARDING EN:GLEWOOD DAYS .
Council Member Penn said, again. I have no Idea where all this funding came from last year So Gary of you can
help us with this
City MJnager Sea rs said I have talked to the Directors and I know Brook can maybe help me oul with lhls My •
und~rsta1d1ng Is thal a lot ol this has already been budgeted I know the Po lice have already calculated 11 m
from laM year The other amounts Council certainly has a reserve you could go 10 of we don't have lhe l,ne
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Englewood City Council Septembe r 15, 2008 Pago 19 ilems lhere you could always tap into that But I believe that the maionty of thlS Is already we ,ust transferred the same amount last year ,nto th,s years account, so we should have adequate funds Brook ,s that correct' Planner Bell said I believe I have the same hst you do and I can go through each of those by t,ne Item I was not able to find the exact notes but I have some notes from last year I believe I can recreate what Council waived last year and the dolar amounts asSOC1ated with that I don't know which individual funds 11 came out of, but I can go through those amounts. It appears that for this year's evenl their request for Police Officers Is $2,625 00 In 2007 CoullCII approved up lo Sl,300 00 ,n expenditures on Pol~ Officers .. at least In 2007 The
next ,tern . In terms of the staffing for the Fire Departmenl's Antique Engine ... that was waived So the requesl
this year does equate 11 was wa,ved In 2007 The request this year ,s for S696.00 ... aga,n, that was waived last
year The Show Wagon in 2007.. the rental fee was waived , but the set-up costs were paid by Englewood
Days, if I am correct This year the esbrnated set-up costs are S350.00 lo S500 00. The rental fee this year ,s
$400 .00, so that rental fee was waived in 2007 The barricades .. a portion of the barnc,des. were supplied
last year by Pubhc Wor1cs and there was a cost of $300 00 for that and that was waived So that Is the same
request for this year. The Temporary Use Permit of $75 00 was waived in 2007 8IXf that is ·equested to be
waived this year This year, Englewood Days is requesung to waive the Amphithutre fee of S75.00 That was
not applicable last year ... there was no Amphitheatre use for the event This year there is a request to waive
S 150 00 for a banner across Broadway That was wa,ved In 2007 In terms of the Crty 1ees for booths and
sates and use tax deposits, event fees and application fees ... lo my knowledge that was not waived In 2007
Part<lng lot and street sweeping ... the request this year ,s for $120 00 .. to my knowledge that was waived last
year In 2007 the par1ung lot and street sweeping was waived. The traffic controls Inspections and coordination
was waived In 2007. That request Is for about $350 00. The motonzed horsecar, which is esbmated al
$300.00 ... W&s wa,ved In 2007, as well. I think that is all the Items.
Council Member Jefferson sa,d which ones weren't waived? I think it was the Amph itheatre fee . Mr Bell said
that Is correcI and the set-up costs for the Show Wagon of about S350 00 lo $500 00. I don1 believe those
were waived in 2007
(Clerl('s note. Several Council members spoke at once. It was determined that the amphitheatre was not part of
the 2007 Englewood Days.)
C,ty Manager Sears said the City fees for the booths . basically that is sates tax and Councd did not wa,ve that
last year Mr Cohn was here durtng that t,me
('.ouncd Member Penn said Is that only appl,cable to businesses outside the City of Englewood ? City Manager
Sears said no. un less the Council waives the sales tax fees for any vendor, lhe sales tax will have lo be paid
Council Member Wilson said the othe r lhing Is you said last year that the Police Officers were S1 ,300? Mr
BeU said that is correc1 Ms Wilson said are they asking for more? Mr Bell said the request for this year is
more 0lf10ers that are being requested and recommended by the Police Department. So, the estimate for this
year's staffing of Police Officers is S.2 625 00 last year the staff expense esbmate was S1 .300 00 or less,
Mayor Woodward said II IS a longer penod of t,me.
Council Member Penn said I also think they are coveting more temtory than they did last year, so we have to
have more officeni on Slle. also.
Ms Wilson said thank you
Councd Member Oakley sa,d the areas whe re he has asked us to wa,ve fees. as far as some of the people that
were coming In and volunteering , he wasn't wanting to put a double whammy on them that was one of the
pnmary areas I see .. because all of these other fees that the Depar1ments are being asked to put an expense
on given a years time , this Is considered part of doing business. because there could be many thu,gs come up
dunng the year that you can spend th,s kind of money on so, this is really not that big of a dea l In my opinion
Englewood City Council Seplember 15. ~CCC Page 20 ~·1•:.nael Morton said I would l,ke to cIan'y lhe booth r.;sue We are noI ask,ng ro, any abaIement of the c,ty fees ,or anyone thal Is selling anything Th~! e are merely for volunteers We were told by the C,ty lhal ,r a band comes 111 they have to pay a fee 1ust 10 aopPar at tine event s,nce they are volunteering lhe1r time, they are not selling anyth ing we would hke for lhem 1101 to have a fee Consequently , also with the booths, If the Naoonal Guard would hke 10 sel up a boolh to a<t,er~se °' recruit°' whatever and they are supplying us w,Ih an of these multiple volunleers so we do not rave,~ ask lhe PollCe Department for additional officers we would hke to be able to not have to charge lhem a 1yth1119 They won'I be selling anything Any booth that Is selling something, will have to regIsler and pa) the app,oprlate fees and taxes These are only for volunteers that are
volunteemg their lime They are not sitlkng anyth,~g whatsoevef So I 1usI wanted to clanfy thal Also, the
!'ohce Officers . this was recommende,j by the Police Department Th,s Is not a number that we came up w,th
We~" agre, With the number of Police Officers. but we did not come up w,th tnat, that was formulated by the
Police o~;:,Mment for U,e area that wou Id have to be covered that this would be the minimum reqU1rement ol 6
officers and L-.,i' ate being staggered In .•s they are scheduled
C,ty Manager :le.vs said May0<, ,1 I could Just mention that I think M,chael covered the questron about lhe
booths I know th&t In talking to Chief Vanderm~e that we won't see an inctease m our costs as a result of that
And, as Council Met~ber Oakley ,ndrcated, most o: the Departments have built this in Again, ,1 has been the
pracI ·.•. b r any types of waiver lees, or Clly conlribubc~s. to bring tt to Cily Council for approval.
Mayor'/VoodNard said jL~t lor clanfrcation purposes undef l~e banner across Broadway the cost of the
actual b8Mer was an exp,.•nse of Englewood Days The 1nstall~tion, In pulling up and taking down, was
provided by Public Works
Doug Cohn said that Is correct The City o11y waived the lee on putting It up and tatung it down We pald 10
have It manufa,ctured and pnnte<i
Council Member Oakley sard '"'e , 11., ion.e Is sue
Mr Monon sa,d yes, we will ~a, ~: lt,e banner to be produced We are JUSt ask1ng for the sel up and take
down.
Mayor Woodward said the same thing ..,,th the Show Wagon The rental lee was W',.1lved. lhe actual cost and
bme spent by the employees overtime Ill come set up and then tear down at the end of the day, were charged
back to Englewood Days
Mr Cohn said yes that Is co• e:t. And as well, the towing charges from the tOW1n9 company to haul the wagon
back and forth
Counc,I Member Oakley said that rs what I was gomg to bring up But this year you have a volunteer 10 do that?
ts that e0<rect? That is what ,t shows :,e,e
Council Member Penn said dld Bob's, OW1ng nol waive that 10< you last year? Mr Cohn said ,r you are
rnterested I could e•marl you our rnr.Jme statemenl lhat has all the expenses writlen down I don't remetnbef
spocmcally The cost w~h tht> ~mployees 10< the stage last year, was in the ballpark of $425.00. Mr Penn
,.,~ !h•nk you Mr r~~ ... sa,d thal was ~I.er you gave It to us free So, Mayor Woodward said, that is nghl 111
lhal range of $350 00 to $500 00 Mr Cahn said 11 ,eems llke there were two or three employees plu s lhe tow
truck and I don't rememl>er exaclly how those were spM out
Counc,I Member McCas lln sard Doug. I know you spent a tot of bme on U,ls I mean yau were meehng w,th us
al the tome and updating us w,th everythmg that was gomg on and I haven't really seen lhe updates I am kind
or concerned about some of these charges that we are waiving and everything Hopefully, It wiN be as btg °'
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bigger than rt was when you had it I don't know d there are any guarantees there, but I am lookrng for ,ome •
guarantees maybe I shouldn'I be but it kind or concerns me that we need to Michael, maybe 111 ask you
How do you feel are we on target as compared to last year?
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Englewood City Council Soptombor 15, 2008 Page 21 Mr Morton said well, as w~h anything we have changed the IOCabM and we've changed the date We are sort of changing the focus ~f Englewood Days to b6 a more family fnendly event where the Car Show Is not the main 90% of the focus And the Chamber Is 1ust supplying the food, which Is what 11 has been for, I guess, the last three years previous So, as fur as any guarante,s, we can't rea lly guarantee what will happen Our whole idea behind this. since we took over this proIect , was lo have a family friendly event .showcasing the City or Englewood al the same trme We are very fortunate, I think, 10 be ab le to get the approval, 10 put it down In fron t of C1tyCen ter , have the lig ht rail access which I think Is a big plus ... and other elements that we have been able lo come up with But as far as guaranteeing for the first year, that is a very difficult thing to do
Partleularly when the Car Show Is dependent upon weather So, we are ,,oping for a very substantial event. a
nice family fnendly e• •nl that we can be proud of here in Englewood and that's about the only guarantee I am
not trying lo be evas, : but being the first year. we are not really sure what to expect But, we are trying 10
cover any eventual· '3t rould happen when we throw thts event Mr McCashn said thank you
Mayor Woodwan ;atd do,.,.. have c .. Jdren·s game type vendors secured ... commrlted? Mr Morton said yes we
do Mr WooaNJ 'C "8id do we have cars for the Car Show committed? Mr. Morton said we do have car grocps
that have commrtldl! ,,, shO\' up. as far as that goes to bring a whole group As far as the kid's area. to
ensure that tt rs far. : 'rienc'y . we I .ave a purveyor that will have the bouncy type, mnatable, big house type
things where kids gc ,1 ar I jump Around Face painters thongs like that to make ~ very family friendly.
Countll Member Penn said being part of the Ch@mber just the l@st couple of months ... Doug, my hat goes off to
you, I don't know how you did It, b~l you did a great job and you are to be commended for the many trmes that
you put this operation on ... because it has taken a lot of us to try to gel this pulled together. Mayor Woodward
said I wou ld like lo second that Mr. Cohn said there was a la rge group of us that just really worked our buns off
for a very long time But, Mayor Woodward sald, you headed It up. Council Member Penn said Doug you need
to take credit for It because you were the leader or it Mr. Cohn said thank you, okay I will take credll for
It .. thank you
Counc,I Member McCaslin said Doug, hoW long did you work on this ... whal was the ume? Mr Cohn said the
first one was the one Mike was pulbng together The second and lhifd year .. it took about 6 months There
was a group ol about 15 of us that met once a eek for 6 months We divided up the tasks and some folks
knod<ed on doors to ra,se money and some folks dtd art work .. some guys did T-shirts and some guys knew
how to put plastic on banners and the car guys We JUSI had whole bunch of guys With drfferenl skills
Council Member Penn said we do have Pro Players working w,th us this year ... we have the Shire Ile s coming In.
Mr Cohn said the Pro Players I've met Gary and he Is a good guy.
Council Member Penn said some of you may not know who the Shirelles are .. Joe, because you are probably
not old enough There was laughter
Mayor Woodward said what do we have on the table now? Maybe if you could come up vAth a numb.Ir
Or. Counc,I Member Penn said, maybe Just what we should cover or not cover maybe that would be easier
Mr Cc~n said excuse me, I did thrnk of one other delatl that was not waived for us Bemg as we are on City
p<opert1 we need to have our own event insurance I've given Michael the rnformat10n on that that the folks rn
R,sk Man.,g .. ment satd we aren't going to war,e that one
Council Member Penn said we do. I believe we do have a S5 miff1on event insurance program, vmich ts required
Director Kohm sa,d ,t I could JUSI take a moment and sha re a couple of thrngs We were talking about the
banner .. I would like to pornl out that waiving the fee Is fine, but from a scheduling standpoint, we have only one
locaI10n that Is available just the week prior to the event Otherwise those banners are all bocked on
Broadw?y tio, yr,u wouldn't be able lo put a banner up until the 2s•h and II would be good through the day of
the tvent As far as r.,~rricades we have always provided Public Wotks barricades. wh ich Is good enough for
Gil the parking lots, but tr,~ eve~t would still have to provide a barricade company and the proper Class J's and
all to closP. the streets off On the Amphitheatre Jee before you wawe tha t I'll let EEF warve 11 instead,
Englewood City Council September 15, 2008 Page 22 becduse ~ 1s aetually the Englewood Envoronmental Foundabor 'las lhal fee on maintenance ou11here and of course we are always an•10•1s 10 ~ncourage th, • ,, ,, of 1h1ng 10 t•appen In lhlS commun11y So. thal ,s no1 an issue and I can state that as President of the En ,nentAI Founrlatoon an6 I'm sure I have al least one vote over lhere don 't 17 There we go There are two v, s We menboned the horsecar we have always done ihat We ca n add thal today t put another bulle t on the list ea~ier loday, .. and I don'I know If 11 Is on your hsl es I haven't seen your hsl ... hut ,, has 10 do with building ma intena nce for the Saturday eve nt If this event Is successful .. and we want ,t lo' , City Hall t 11s building Is or,en that day , What we have alwa ys required ,s thal somebody provide secunl, rnd In .,,Is case lhe guard w,11 provide ser,urily lo make sure nothing goes wrong
,n this building I Wl)Uid hol)I' t, ,di I hey would requesl thal we wa,ve lhe fee for me to have custodial fol ks
available during the day to keep those restrooms gc:19 on the second floor, If I had to have som• ody here for
the enbre day, a1 ·,,me and a ~alt, It would be about ~270 00 And this Is one or those things that If we have a btg
eta.vd, we arc going to need them. because we WII, .,. to keep mplacing paoe< products. because we rea8y
want folks IO be on 1:ie second floor and proba'llv r the library and disrupting the Llbfary. And, ,n fact. ij we
have bad weather and something doesn't go wen ano ""'don't have a large aowd, then thal cost will be QJt
down, because we would send those folks home
Councff Merr.uer Pe.m said 1f I could add to my mo()C.n 10 a,,pro, ~-
COUNCIL MEMBER PENN MOVED, ANO COUNCIL MEMBER ".,Al<LEY SECONDED, TO APPROVE
POLICE OFFICERS, FIREMEN FOR ANTIQUE ENGINE, SHOW ••,AGON RENTAL FEES ONLY ,
BARRICADES THAT ARE USt:0 ONLY FOR THE PARKING LO"f'S, TEMPORARY use PERMIT FEES,
BANNER SET-UP, PARKING LOT ANO STREET SWEEPING, TRAFFIC CONTROL INSPECTIONS ANO
COORDINATION, MOTORIZED HORSECAR, ANO THE CUSTODIAL SERVICE IN CITYCENTER, FOR
ENGLEWOOD DAYS.
(Clerk's nole Discussion ensued Several p,,ople were speaking at once The commenlS were '1<11 clear.)
Vote rnuits :
A1·es Council Memb<rs Penn. Mccaslin, Moore, Woodward. Jeffer.on.
Wilson, Oakley
Nay None
Motion earned
(ti) Counu! Member Oakley said the lady lhat brought up the peblion In regard 10 Cushing
Park .. and I don '! know whether she specifically menlloned the skateboard lhing ,.she did mention drugs. This
has been before us a t!me or two and lhere was a proposal to move the skateboard park over lo Denny Miller,
where II would be closer 10 lhe Police Department. I don'I remember what happened, but these people keep
com ing back to us and it seems we never give lhem any answers, I would like 10 give them some kind of an
answer this time.
Mayor Woodward said the Par1<s and Reaeatlon Commission did a study and ,t c~me back lo Parks and
Reaeabon and Parks and Recreahon sent a leller to the r,ead individual about lhal .. In con1uoction w,lh the
Police Department ,~~re was a meebng and Parks and Reaea1,on discussed lhat the Master Parks Plan had on
,t some fees for doir J some 1h1ngs to the skate park and there may be a relocabon of the skate park It would
not be to Miller ftelo , probably. 11 would be lo Iha northwest comer of Cushing and~ would probably be a ntwer
type concrete or somelhing .. below grade which lakes care of some of the sound ,ssues Now I know there
1s sbll a compl~:nt about some of '.he young people that are coming from tight rail and then heading ove r to Wa~
:~art and going through lhe Galapago Streel opening But there was a response to Iha·
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Council Member Oakley said to thal group or lo us? Mayc,r Woodward said to lhal group , Oireclly to the group
Council Me mber Jefferson said I think what hapoened Is she came to me and I wasn't aware of exaclly what
wa s going on !here. Bui if we could gel some more Information oul !here, because I live on lhe 3200 block or •
Fox Streel and when I was oul campaigning II was an issue, Whelher it Is perce,ved or ii Is real or nol, 11 can be
argued and 11 ,s oul there I !hon k we have lo communicate wllh lhese people and let them know whal the real
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Englewood City Council Septembor 15, 2008 Page 23 deal Is and provide some of thal mformat1on to try to quell some of those concerns Mayor Woodward said yes (111) Council Member Jefferson He sa,d congratulauons to Ouray and Red Bwd Farms 2 He said Michael, hopefully we WIii get this event going for you . Hopeful!" ,;e will get everything going
It Is an Important event for the whole community Hopefully, we can all he lp S•.~port 11 and get some more
businesses down there and folks down there, because of its new location
3 He said I hope Brandy and Tara have fun with their parade and hopefully the money will go a long way
in help,ng out with some of those acuv1t1es.
4. He said Doug ... with the retroactive Issue ... I think 11 Is true that some of these situations can be
retroacbve , but I don't think 11 Is necessarily unconstitutional. I think you open yourself up to some liability if you
choose to go that rout&.
5. He said Laurett .. I appreciate your concerns aboui some of the recotd keeping issues particularty with
this retreat Hopefully, we can address somt of those con~rns later. In fact, I will address It now I think we
should be recording that meeting. Does everybody else agree?
Mayor Woodward said •~at meeting will be recorded. So. Council Member Jefferson said hopefully that will
addresses some your concerns
Mayor Woodward said during Study Session you hopefully noticed that that was one of tt.J very first things I
ask ... 1s the recorder on . before we stan the meeting, Mr. Jefferson said I agree , I think you are very diligent
about that .. I agree.
6 He said to Robin and Miguel who came and spoke again. I feel 500\e of your concerns. I hope Iha!
may~ we can chat a little bit afterwards. I do think there IS a possibility sbl to get a win-Win and place some of
the burden on us. rather than the City.
7. He said Frank .. I almost got my shovel ou t and It's alwa ys nice to hear some things are getting
resolved So. I appreciate you sharing that
8 He said I would hke to makr a motion to change our oobcy on keefl,:IQ cecordings on both Study
Ses.~,ons and Regular Meetings .. to change It to keep lhem both for one year
{Clerk's note· This item was listed on the Agenda as 12 (b) (I),)
A resolutJon amending the records retent,on schedule for City Council Study Sessions and Regular Meetings
from six months to one year was considered
COUN CIL MEMBER JEFFERSON MOVED, AN O COUNCIL MEMBER PE NN SECO NDED, TO APPROVE
RESOLUTION NO. 70, SE RIES OF 2008.
RESOLUTION NO 70, SERIES OF 2008
A RESOlUTION AMENDING CITY OF ENGLEWOOD RECORDS RETENTION SCHEDULE
Council Member Jefferson sa id I would like to reiterate. I wou ld like to save them a l iltle bit longer. In giving this
Issue a hltle more thought I thought the number .. four years mqde a whole lol of sense, ra ther than just son ol
an arbitrary number Because 1t matches up with Council's terms that way when you gel on you know there
are reconls kept for the ent,re term and 1f you wanted to research something you could
Englewood City Council September 15, 2008 Pago 24 COUNCIL MEMBER JEFFERSON MOVED TO AMEND RESOLUTION NO. 70 TO RETAIN MEETING RECORDINGS FOR FOUR YEARS. Mayor Woodward asked for a second THE MOTION OIED FOR LACK OF A SECOND. Council Member Jefferson said as I don'I hear a second, is there any other discussion on the Resoluhon as it
stands?
Council Member Moore said I have a comment I would like to clarlfy ... at least my understanding .of
consensus. I think tonight Is a great example Often In Study Session we do reach consensus What we reach
consensus on Is what we are go,ng to vote on ,n this room, not what that vole wift be Tonight 1s a prime
example or a type of sltvahon where there may be full consensus lo take an ame11dm,1 nt to vota. Joe's motion
here was somelhing that we had consensus to bring f01Ward, so that we can make a formal decision in I ere.
And you will sbU see the debating of those decisions in here. If 7 C:O,mcil metnJers InJ•1idualfy brought each of
their own resolul,ons forward on the same subjecl, we would be even slower I~ar. we are. So, f iu~t wanted to
clarify that. Decisions thal need to be voted on. are voled on in here .. ,and cc •·ensus i!; nol a deu;lon In tr JI
contexL It is a consensus about what we 3re going to f01Tnally debate on In here. If It tI1ms O'Jt lo be 7 to
oothlng well there is not much debate. But when Council has a difference of onin,on ··1 an ,ssue, you will see
It in the discussions and In the way the votes tum out. So, I jusl wanted to clanfy that. r.•,~• some or the
comments eartler. Thank you
Council Member Jefferson asked if there were any olher comments on the 'II(,' ~, • .;1. ,.-,. 13ble? There were
none.
Vote results on motion 10 approve Resolution No. 70, Sarin of 2008:
Ayes: Council Members Penn, McCaslln, IAnore. Woodward, Jefferson.
WIison, Oak ley
Nays None
Mouon earned.
13. City Manager', Report
(a) City Manager Sears said we had an outstanding !i,a~ioe with the ULI We had about 60
particlpants ... there was a walking tour and a lot of good lnf0<mation troa • .,~•~ au over the United
States .. Allanta to Danas .. outstanding people We are going to r,ut all v.• 1t1101Tnatlon together on a OVD and
we'N get that to Ctty Council Bui It was really an outstanding ses• on They toe~ a look at C1tyCenler and what
types of things we can do lo really make a difference on this site , , t hink you will be very impressed with the
comments and Ideas that come forward
(b) City Manager Sears said ;ust a reminder ... Sal urday is lhe Bu~'~I Workshop .. so bnng your
Budget Saturday morning, 8:30, In the Community Room
14 City Attomey's Report
City Attorney Brotzman did not have any matters to bring bef0<e Council
15. Adjournment
OOWARO MOVED TO 7URN
~;;£f A «~~
The meeting adJOUmed at 9 50 p m.
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~[Qj?c~--
Shella Jones . Pirateer advl~er
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303.806.224 0
Shella_Jones@englewood.k12 .co.us
6a
fo. I ngk\\1111d Cit) Council Fmm: Ci1111:ns ofl:ngk\\ood. ('0 Date: Octol>cr 6. 2008 (Upcoming City C(lu ncil Meeting) Re · Concerns regarding S"cdish ML-dic:l l Center', Non-Smokinii Policy A, citi,ens or Englcl,ood. CO. \\C wisll 10 make our concerns known rc"!lard ing S\\cdish Medical Center's ban on smoking. Their policy hus rcsullcd in the following concerns for ou r community:
• Increased loiterin g in our nt ighborh ood . Our sidcwall·s. street s. nllcys. and
yurds ore now routinely uSL-d by Swedish Medical rent , ,·mployees. patients.
controctors. and gunls fw :moking areas. We've seen 1'a!tc11Ls vomiting in ou
yards. employees uri.1a1 11 ,g in our alleys. and guc~ts. put1cn1s. :.nd employees
sining in our yards sm,,►,i1tg.
• lncrused Utttr th roughout th t ntighborhood. Swedish ML-dical Center
employees. pnlicnts. ,,onll'l'l·1ors. and guesls routinely leave trash and cigureuc
bulls --~ IJt•r sidewalk!~ .tl:c)s. streets. and in our YJ'°'1s.
• Inert ,d enviroomeu ta( ·onlamination . We :1,vc drains along our streets 1h01
arc routineiy filled "ilh cignrcuc buttl. and other liucr coming directly from
Swedish Medical Ce nter employees. patients. co111rac1ors. and their guests.
• l uertastd second hand smoke. With the increase in smo kers coming into our
neighborhood from Swedish Medical Center. we now have to breathe in their
sccor <I hand smoke. lhllS cmiling a health hazard for our commun ity.
• Increased safety con«ms along G irard . Every hour of every day. we have
employees. patients. contractors. and guests of S"'edish Medical Center crossing
Girard. smoking in our neighborhood. Several close coils have been witnessed
when drivers had 10 slam on their brakes 10 avoid Swedish smoker...
• Dttrease lo privacy . We now have Swedish Medical Center employees.
patients. contractors. and guests looking in our windows as they smoke around
our homes. Also. when our windows are open. we now have 10 listen 10
convcrsntions pl'Oplc have on their cell phones and in the groups they fonn when
smoking off Swedish propcny. For example. we hear guests emotionally talking
about their sick or injured loved ones or listening 10 groups of employees
discussing concerns 01 work .
We Ok asking )"U. our City Council. consider our concerns and gain an w1derstanding
how Swedish Medical Center's policy has rcsullL-d in a lower quality oflifc for the
citizens of Englewood. CO. We ask 1ha1 )OU take steps 10 ensure Swedish Medical
Center takes ownership for thei r problem and not continue 10 pus h it onto our
neighborhood's si dewalks. s1ree1s. alleys and yards. The following page includes
signatures of those who were unable lo come lo the Council meeting who share the same
concerns and seek a change to S"'edish Medical Cen ter's flawed ··Tobacco Free Zone"
poliC)':
concern regarding lbr on Smoking Policies ■t Swedish Memorial Ho pil1I: 11:cle'Rlr ~. S M1 1-\ __:~~ [,_,,,'f~ H H ",. P. ,.,,.,.,,1 ,,..,, it ~I CN(,1.Ft.,... C.v\-u11! Jl/f s; A,.,-<. ,vi S'1,v l ·r JI-,v( ti~ 555: . > ,✓~S//,../t /<-A., fi 5-7, I= \/ "t:. ,..~ V Cj,'J •' ~ 'bo:1 ' ]
Pltu e p r-int yo "r !11'mt1 and iududr your addnas and s ignature to show your t oncem repn, ,,i; fbe Non S moking Polities at Swedis h Me morial Hospital:
/ ,J ( ' •-., I i ,~ ) .< ,,-1,4,,, ~ .. , I
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,1.,.1.1 tf..,1-~/(jt'•' ,-) . I/ I 11 I ~ I I I "' I I I I >/,, u·,t, .( 1 •} '' /...t /J;' I,' /·~ .,1; , /4.,.r.,.-). /h Swedish Smoktn& Issues I ,,,,-n---.... This just staned happening on 8/ 18 /08 . ~e_ · Children Issues: ~: 1,,,,. ~' Our little children are watching all of the people smoking on the sidewalks . 0 / ~ children are now not only exposed 10 seeing all ktnds of people smoking, but arc exposed 10 the harmful dfcas of the second-hand smoke. Smokers try 10 engage people living near or walking past by m ,king comments, etc, but this reminds me of stranger-danger. I don't want strangers talking 10 my
children .
Safety Issues :
-Crossing busy street -Busy emergency mtrancc for fast moving ambulances and
patimt/visitor cars.
-Patients crossing the street to smoke -Patients in hospital gowns , one person with
and r,' on Wheels.
-Swedish personnel cross the street to smoke also.
-Is there a security reason to give visitors a name tag 10 wear? Visitors leave to
smoke and then rerum, and do 001 have 10 rc<heck back in .
Cost Issues
-Swedish is paying a company to dean up cigarette bul!S and othet , ~. left by the
smokers , from the sidewalks and corners of Pennsylvania and Pearl ,ueets.
Proi;cny Issues . /
-People standing around and smoking on the comers and sidewalks .: f1 t U'<i }
-Loitering people hanging 0111 with their smoking friends, people looking at thel
houses , people looking in windows , people poss.ibly casing the houses for burglaries.
-T rcspas.sing on property . Sitting/standing on grass, steps, yard boards
• What is this doing to our property value?? ) )
-tvt,.,, ,., l ,, Llr , , Sa..,,-,., •> ,,,;,1.w h. , ••. ., (' rp.,.~ •
Health Issues
-Ciga rene smoke stench -having 10 walk past and through the smokers
-Cigarette smoke l,tv wing in v .ndows
-Having 10 walk past s,•.l.. ;,· •ents (germs)
Why should the Sv1edish smoking problem become a burden for the immediate
neighborhood7
Why don't smokers stay on the Swedish sidewalk? lf the City of Englewood passes
the law 10 restrict smoking by the hospital for l000 yards, where will the smokers
smoke? Will they just walk up and down the sidewalks smoking? Will that be
allowed?
These are Swedish customers. They should make room for 1he1r customers.
I heard a security guard 1cll some smokers that they could not smoke on their (Swed1Sh) side of the :;1rect. but could go across the street to smoke since he has not jurisdiction over that They crossed over 10 our side of the street 10 smoke. Solutions .. Create a smoking area on Swedish property (possibly in the parkiog 101 by the picnic table, or on the lo p level of the puking garage).
1Ss11., ,.(!,lju"{,,H·flt, -tr, p,.,J /IAn S., .. /t.'J S',7,u £'>'-
People I have called: (.,,,")lvr,,,.. f f fl•. I sJ. l '"'"..I
Larry Medina -City ofEnglewood, Code Enfora 1en1
Dan Miller -Swedish Security manager
Julie Longboard -Swedish
Ld message for Mary White -was told she would call me on 9/2/08 -nothmg as
of9/4/08
Talked with Mary White on 9/22.
1§-f-, f oJ,i.111s
~iv-.td•s~ Si:,c .,,.
rro be read at the October 6'"2008 meeting in the event of my absence) To the Englewood C1tv Counal: My name is Andrea Lacina and I hve w,l h my husband Brian at 3320 S. Pennsylvan ia Street wh ich Is half a block down the street from Swedish Hospital . I would like to express In writing to the Englewood Oty Council , and by extension to the Administration of Swedish Medical Cen ter, my disai,pointment with how the Administration of
the Hospital has behaved with regards to enacting their No Smoking Policy.I am disappointed
~.ith the utter dlsreg;ird and dlsrespect towards the residential neighbors surrounding their
hospital, particularly those directly across the street from the Emergency ROOfT'I.
The staff and patients are sanctioned by the Administration to loiter on the two comers across
from the emergency room to smoke their cigarettes, whereupon t.'-, leave cigarette butts,
hazardous waste productc, and on occasion vomit on the lawns and sidewalks of those
neighbors. I am astonished to observe this standard of care given to patients. ( also.I am
curious how they bill insurance companies when the patients, for periods of time, are located
across campus.). I am surprised that In this competitive marllet they want th is to be one's fi1'51
impression of the Hospital: lad. of supervision of patients, staff, and a disrespect and disregard
for It's neighbors.
As an RN, I am very familiar with a nearby hospital which enacted a similar No-Smoking Policy
for their facility, I am struck by the contrast in the rendering of th e policy. It was done with a
great deal of sensitivity to their residential neighbors. Staff was told In no uncertain terms that
thi~ new policy would not permit staff or patients to smoke in front of the houses in the
neighborhood. It is not in keeping with their Communitv Values.
We in the neighborhood are especially concemed aboJt the effect this blight which I described
above will have on the home values of the neighborhood. It effectively •sets the tone" for our
block which has struggled over the years to improve and maintain propertv values . In a housing
mar1tet where there are many variables whld, cannot be controlled, we believe controllin1 this
particular unfo rtu nate consequence of the No Smoking Policy will aid in the preservation of
proper(V value and resultant home owners. ip on the block.
We belteve that Swedish Hospital Administration has the ability and n,sist have the willingness
to wrb and contain the consequences of their No Smoking Policy Their overall attitude of
in difference towards their r<?Sldentlal neighbors ls, as I s..id, disappointing. It should b~
considered when they seek approval for any future endeavors within our community.
Sincerely, Andrea ladn7», I fr ,,,,---:V( i ~ it-.:~:,{.
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PUBLIC COMMENT ROSTER AGENDA IT EM 7 UNSCHEDULED PUBLIC COMMENT October 6 , 2008
PLEASE LIMIT YOU R PRESENTATI ON TO FIVE MINUTES
PLEASE PRINT
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1 BANDMASTEIIJl •-• ~ 0 Jess L. Gerardi , 45 year resident of Englewood livi ng at 762 East Amherst Place. 303-1G-,-:3,.:10 Tonight I am here to represent the Colorado Bandmasters Association. The Colorado Bandmasters Association is responsible for sponsoring and
running t he Colora do State Marching Band Contest for all Colorado High
Schools. This is a four day event taking place at five different stadiums.
This year all the events are in the Denver metro area.
One segment, the 4A semi final contest, which will include the top 1 4 Colorado
bands in that class, is scheduled to take place on Saturday, October 25,
i m 9:00 AM to 1 :00 PM in the Englewood High School Stadium.
At the same time, the fourteen SA bands will be competing at the District
Twelve 5 Star Stadium in Thornton. The eight highest scoring bands from
each class will then compete that evening in Finals at Invesco Field at Mile
High.
The event in Englewood will draw an estimated audience of 2000 people,
mostly parents, grand Jarents and friends. Many will be from out of town,
especially from the Co,orado Springs area. Because the main parking lot at
Englewood High School will be used for busses and trucks, parents and other
spectators will need to park on the streets near the school.
The Colorado Bandmasters . Association would like to ask the City
of Englewood if the parking restrictions around Englewood High
School could be rescinded and if the signs can be bagged from
8:00 AM to 2:00 PM on that day .
Many of these people attending our event will stay in Englewood for lunch and
spend money in our community. As an Englewood cit izen, and a
representative of the Bandmasters associatior I would hate to see these
people ticketed for parking in a restricted arec1 .
The Colorado Bandmasters Association is willing to pay the cost of printing
flyers for the homes in this area if the city finds it necessary to Inform the
residents.
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September 11, 2008 AA/lance ror canmeroe in Englewood (ACI:) Englewood ClYIC C:Cnter City Council Confcttnce Room 1000 Englewood Parkway
Englewood, Colorado
Ladles end Gentlemen:
8rlan1JttllK.lt J,tSSWINrM.Sl en.-cooom lvetboc.~e.,lhoocorn
I would like 10 share en IHTl8lt I received Wed September 10, 2008.
As you know. the assets of Mie High Coffee LLC wero sold on 915/08 to
Mule Esultes. i..i. a Cclonldo oorponltion owned by Brad Mueler. He
Is operating the shop under the Mlle High Coffee lllllll8 and has taken
over the lease.
The old Mlle High Coffee LLC had to change ils name as part d the
sales agreement. TIie ,_ name Q(llng forward Is Flat Broke LLC. The
company Is aJf'rl!lllly winding up its affairs. TIiis Is the final P&l
until taxes are done neid year and Flat Broke LLC goes out d business.
Mary Johnson, Manager, Flat Bi'Olte LLC
In light ol this personany ltaglc evert, I must respedfufiy resign my seat on the ACE board. I have
~ ourtme together ard hope I have been an asset lo your efforts.
I ¥1ish lo lhank the cummt ard pa5I ACE board membel5 with v.t1orn I have had the privlege to wort<
and the dly slatl and city councl who had lhe forasight lo creale such a board.
Brian Vl!llleck
Entrepreneur
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PRuCI .AMATION WHEREAS, the Citizens of the Ci 1y of' Englewood, Colorado stand finnly commiued to quality after-school programs and opportuni1ics because they : • Provide safe, challeng in g, engaging, and fun learning ~~periences to help children and
yo uth develop their social, emotional, physical , cultural, anJ .. ~adcm ic skills.
• Support working families by ensuring the ir ch ildren are .,afe and productive after the
regular school day ends.
• Build stronger communities by involv ing our students, parents, business leaders , and ad,,!ts
in the lives of our young people, thereby promoting positive relationships among children,
families, and adults.
• Engage families, schools, and diverse community partners in advancing the welfare of our
children ; and
WHEREAS, Englewood Schools' K.idQuest has prov ided significant leadersh ip in the area of
community invol v~;,,ent ; ·, the education and well-being of our youth, grounded in the principle that
quality afler-schoo: progriill1S are key to helping our children become successful adults; and
WHEREAS, Ug/us On Afterschool!, a national celebration of after-school program " :hat was
held in Englewocrl ,\:hoofs on October 2, 2008 and will be celebrated nationwide on October I G,
promotes the crin. 1 importance of quality after-sch,>01 programs in the lives of children, their
frur.:lies , and their -:umm unities ; and
WHEREAS , more than 28 million children in th e U.S. have parents who work outside the
home , and 14.3 million children have no place to go after sc hool ; and
WHEREAS, many dfter-school programs across the country ire facing funding shortfalls so
severe that they are being forced to close their doors and tum off their lights; and
WHEREAS, the Ci ty of Englewood is committed to the hea1U1 and safety of all young people
and recognizes the importance of expanded learning opportunities that will help cl ose the achievement
gap and prepare young peo ple to compete in the global economy;
OW, THEREFORE , I, James K. Woodward , Mayor of the City of Eng lewoo d, Colorado,
hereby proclaim October 2, 2008 as lights 011 Afterschool! Day and encourage the comm unit y to
engage in innovative after-school programs and activities to ensure the lights sta y on and the do ors stay
open for all children afte r schoo l.
ADOPTED AND APPROVED this 611' da y ofOctober, 20 08 .
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Jum~s K. Woo dard , Mayor
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PROCLA1\1ATIO~ WHEREAS. the Cit} of Englewood 1s committed to ensuring the safety and scamty of all those hving in and Y1s1tmg our state. and
WHEREAS. fire 1s a senous public safety concern both locally nnd naoonally,
and homes are the locanons where people are 11 greatest nsk from fire; and
WHEREAS, home fires killed more than 2,500 people in the United States in 2006,
according to the la1cst research from the nonprofit Natiooal Fire Protection Association, and fire
departments in the United States responded to nearly 400,000 home fires; and
WHEREAS, cookmg is the leading cause of home fires and home fire miuries, while
heating equipment and smoking are the leadmg causes of home fire deaths; and
WHEREAS, Englewood's first responders are dedicated to reducing the occurmice of
home fires and home fire irJurilZ through prevmtion and protecoon education; and
WHEREAS, Englewood's residents 11e responsive to publiceducati?O measures IDd are
able to take personal steps to inaeasc their safety from fire, especially in their homes; l!ld
WHEREAS, residents who have pl311ncd and practiced a home fire escape plan are more
prepared and will therefore be more likely to swrvive a fire; and
WHEREAS, the 2008 Fire Prevention Week theme, ~It's Flrt Prevention Week-
Prevent Home Fires!" effectively serves to remind us all of the simple actions we can hike to
stay safe from fire durmg "ire Prevention Weck-and year-round.
NOW, THEREFORE , I, James K. Woodward, Mayor of the City of Englewood,
Colorado, hereby proclaim October 5 through 11, 2008 as Fire Prevention Week in Englewood,
and I urge all the people of Englewood to protect their homes and families by heeding the
important safety messages of Fire Prevention Week 2008 and to support the many public safety
activities and effons of Englewood's fire and emergency services.
ADOPTED AND APPROVED this 6"' day of October, 2008
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,. .. \~ I James K. Woodard, Mayor
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• COUNCIL COMM UNICATION Dale: Agenda It em: Subjecl: Oc 1ober 6, 2008 9 a i Arapahoe Counl) IGA for 2008 Open Space Gr.mt Plaue Rh er Brke Pedestrian Brrdges lniliated By: Staff Source:
Community Development Departme nt Mark Graham, Senior Planner
COUNOL GOAL ANO PREVIOUS COUNCIL ACTION
• Council authorized signi ng the South Platte Work in g Group Parmership Agreement In Au-
gust 2008 1,hlch was required to accept the Great Ou tdoors Colorado (COCO) grant funds
for the South Platte Corridor.
• Council approved multiple lntergovernmen!al Agreements bet\\ een 2005 and 1008 with
Arapahoe County to Implemen t the South Pla ue River Open Space Plan with County Grant
and Sh areback funding for trails, tra ilh ead amenities, lan d acquis ition and park enhance-
ments.
• Council adopted the South Platte River Open Space Plan in August 2003.
• Council adopted Roadmap Englewood in June 2003 "hich includes an element on Re-
• gional Cooperation includbg goals for Open Space and En,ironmental Quality.
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RECOMMENDED ACTION
Staff recommends that Council adopt a bill for an ordinance authorizing an Intergovernmental
Agreement (IGA) with Arapahoe County 10 accept funding for the Pla tte River Bike/Pedes trian
Bridges project as described i· •he gran t applica tion (Exhibit A).
BACKGROUND, ANALYS IS, AND ALTER NATIVES IDENTIFIED
Roadmap inglewood Engle"ood's 2003 Comprehensi1e Plan pro1ides ra tionale for PMks and
Open Space investme nts:
a complete system oi biryde and J)('destrian lrJtl~ enhances ,11/ ol the other elt•ments of the
pdfk S)'S!l'fl~ by connecting each e/('flli'nt or i,1CJl1ty to the other, An exzer,s~. h,g/).qwl,ty
park and open space s,stem 1s an .met tha t 11icreases property values and adds to a commu-
nity's quJ//ty of life, \\hich in turn wi/l ,1rtrJCI new resident<. rewl husine;,es, a11d mJjor ens
pln)•ers ro Englewood.
M01e specrncally, Ro.idmap describes the South Platt~ Rrver corridor's place in the Park S)'ltem.
Perhaps the C,ty of Englewood's most amb,1,ou; and important parks and open <p,,ce goal is
to preserve the South Pl,,tte River Corridor as ,1n urban greenway flie corridor /,.,s histori-
c.11/y wff,,red from emironnrentnlly degrading uses Jdjacent to tlic river Many of these prop-
1•11 e Jre nor u11l11!'t/ 10 rhP,r h1Qh l"I .ind..,,.,, U'<'. dnd hJ, e-1,,11 ,1 /,,g,K; ol brownr,e/d ro11-• IJmin,lllC>n Ir i, ,n Engle\\ ood; rnrer ,,, ro r rore rhe m Na, ,,n of){'n <p.Ke .,nd "ildllie hJb,rm corrrdor Re«orJloon "'II enable rhe ourh Plaue Ri\er corrrdur ro ;<>l\l' .,, J igm11-cant amemri• tn Eng/e\\ocxf; p;irk Jnd open sp.ice S)'Slem. and .is a c.,ra~'SI for rh e ~eneral r,'Cfev~lopmenl .ind cleanup of lhP Jc/1,1cent Jti'J. G 11 in 1he Parls ,1nd Open Spact! 1,l,m1en1 of Roadmap Englle\, ood slalt5c Provide tC'Creation,1/ opporwnn,e; rrur are con;isient "''" Englle\,oocfs role ,n tt'8ionJI p.uk
and open spJCe pre1ervarion
The Mal) Carler Green"Jl ,s a regional lra,i lhal hnks Englewood to Li1de1on, Chameld Slale Park
and Walerton Canyon ro lh soulh . To 1he norlh , lhe Greem,a links lo the Denver, Jefferson ,ind
Adams Count) 1rail sys1ems .
Goal 4 and all of lhe rela1ed Object"e5 I 1hrough 6 all speci fically pertain 10 lh e Plane corridor:
Pre el\ e ulllize, ,ind improve rhe outh Plarte River corridor
Objective +5 supporls rh subjec l bridges:
Develop 1/nkas ; ro rh e South Plaue River corric/or 10 further inlegrare rh e river corrido r ln lo
rh, mulrl-modal, imegra1ed lfansporwlon syslem wi1hin rhe ciry.
Go,,I 'i \Idles :
Provide 1 bal,1nced and connected system of open landi, natural area., recreai,on l.ldl,IIP<,
parks, lr,1/1.1 .md grPPnbelts
Obj 11,e 5-2 supports the bridges :
Cre-a re con tmuou cor ,ect,ons between parks. recreational focilrties, Jnc/ narurJI 0f){'n <f>.ICl"S
a well JI urb.t.1 cenre, school< ,,nd rran por1a1ion links rhrough pedl'Slri.Jn and bicyclr lr,11/,
easemems Jnd sreenbt-1
~I _"lane Ri\er Open Sp.ice Plan
Th WOl Sou1h Plane R,, r Open Space PIJn ,as lhe product of a )ear~ong r,lanmng proc;;,s
among r pre entat,-ol die cltie 01 Englewood and Sheridan, olher publrc agencies and cllrzen;.
The Pl,1nmng Process \\ a; funded b) Arap.1hoe Counl; through CDBG w,1h add11ional iunding ,mm
Creal Ou1doors Colnr,1dn The Trus l lor Pubhc lands racrhlaled 1he pr oces Tiie Plan 111duded 10111
Go,11 and a series or oh1~ ll\ es d11ec1ed al 1mp1c-, rng the health and amemly ,,,111 1• 01 rhe m t•r and
economi enh,,,xemen1 or 1he corrid or.
The Trail and Connecuon M,1p stales 1he goal ol
n lwork Jnd p crfi all1 h IS rmpro,lng 1he co nnec1ion; ~•
subjetl D,1 rlmm11h Bridge addresses 1hrs issue.
;~e ,llld pedemian ,1uess lu Ir.iii
,o ulh and S. Plane River Ori\ e. Th~
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Goal 1 01 lhe Plan Is: Prm-,d~ ,mpro, ed a,cr" ,,nd encourage a , am>f\ 01 recrNt;onJI act11 ·,t11'5 along the fouth PIJIIP One 01 the ob1eC II\ es under Goal I ,s 10 "Reduce ronnicts bet\\ een different uses, and e,plore ad• dit ional uses 1,here appropriate." Reducing conflicts bel\,een Mary Carter Greenway Tr,111 users and golf course users is the objective oi building the subject Oxford Bridge and roundabout. TI1e exis11ng bridge ,s handling increased ,olume of golfers ,Ince the course \\JS re-opened In W0S \\Ith
mo,e 01 the regulauon holes \\est of the mer. A ne\\ separate bri<!ge (o, trail users \\ill alll'\ iate
bridge congesuon.
coco
The subject bridge project "as Included in the Ii" of projects for tl,e Great Outdoors Colorado
(COCO) grant and will recei\ e some COCO fundini, as listed below. Open Space projects planned
and budgeted by members o/ the South Plane Workirg Group (SPWCJ ll'\ er age the COCO pm•
jects in the corrldo,. Englewood submitted a list o/ prr,;ects that implem, ~I the South Platte l<iver
Open Space Plan in support of the effort Some of Engle"ood's projects are complete, such as
Trailhead Amenities; Oxbow acquisition; and Mary Carter Tra il Expansion ,1nd Buffer. Some projecls
are funded, such as: the subjec1 Plalle River Blke/Pedeslrlan Bridges and some are included In the
list of projects requesllng funding in W09 and 20 IO capilal project budgels, such as : The (Fir e Train-
ing Facilny) "Orphan· parcel acquisition; and acquisi11on of the Em;lewood ponion ol the Murr,•·
Property .
Engle\\ ood applied for funding trom the Arapahoe County Open Space program in lanuar, :?008.
The granl "as awarded in lunt 2008. Enlering in 10 1he aua ched lntergovernmenial Agreemenl
(IGA ) w ith Arapahoe Counly Is necessary 10 accept 1h e Open Space funding.
FI NANCIAL IM PACT
There Me se, en funding sources fo, the proposed brodges oncludong:
Cily m Engle\\ ood. Open Space Sharebac~
Cit\ 0 1 [ngle11 ood P,ihli c lmprO\ ement Fund (Plfl
Cit, 0 1 Engle-.,ood, Cons~r\'at,on Trust Fund (CTF I
ORCOG, Transporta1io n lmprm emenl Projl'C t ITIPI
GOCO LegaC'\ Grant
De-eloper Con111hu1,on
Ar1ip,1hoe Coun1y Open ~n,1ee & r,.,1s Cram
To tdl
UST Of ATTACHMENTS
B,11 ior an Ordinance
408,000
77,000
:?5,000
1,0 14,200
50,000
169,:?79
:!5()000
$1,993A79
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ORDII\ANCF. ~"-SERIES m 10(18 BY Alfl JIORITY COUNCIL Bl.LL NO. 68 INTRODUCED BY Cot'NC'II W ,MB!:R ____ _ A BILL FOR
AN ORDINANCE AUTI IOR!ZING AN IN fERGOVERNM ENT Al GRANT AGREEMENT
BETWEEN TIIE <:In' OF ENGLEWOOD. CO!.ORADO. ANO ARAPAHOE COUNTY
C'Ol,ORADO. FCR 2008 OPEN SPACE GRANT FOR THE PLA'fTL RIVER
BIK FJPEDESTRIAN BRIDGES PRO'FCT.
WHEREAS. thcCuy Council of the CII)' of Engl ewood nuthon zed signing the South Plolle
Working Group Pnrtnership Agreement ,n August 2008. wl-ueh agrccmcnt "as required 10 aecept
the Great Outdoors Colorado (GOCO) l,'fllnl fu nd.I for the South l'loue Corridor: and
WHEREAS, Cny Council approved mull ,plc lntergovenunent,11 Agreements between 2005
nnd 1008 with Grnnt and Shnrcl:iack func:hng for 1rn1ls. trailhcad amcmucs, lnnd acqmsnion and
park enhancements: and
\\~·IEREAS, C1t) Council ndoptcd the Sou1h l'laue River Open Space Plan in August 2003;
and
WHER EAS. City Coun,;11 adopted Roadmap Englewood In June 2003 whi.:h mc ludcs an
clement on Rei_:10,ul Coopcn111on, including gonls for Open Spa~c and Ennr.inmemal Qualuy.
WHEREAS. this Orr·., ancc "111 nulhonzc 1he hnergo,cnuncmnl Grant Agr..ement between
Arnpnhoc County nnd the City for 1he dcvclopmcn1 of lhc Sou1h Plauc Rhcr Bike and PcdC!ltnan
13ndges,
NO\\', ntEREl'ORF., BE IT ORDAINED llY TIIE CITY COUNCIL OF Tl IE err ' llF
ENGLEWOOD. COi ORADO. AS FOLLOWS,
S,-c111•11 I The lntcr~oa,cmmen1al ur.int Agreement l:>ct\\ ·n the Cny of Engk-.11oo<I.
Colomdo, nnd Arapahoe Count)', Co lorado, perta in ing 10 the South l'IJUe River U1kc and
l'cdcstnan Bndces. auachcJ as E,h1b11 I, 1s hcr,by accepted rmd .,pprm·cd h) thi, E11glcwoo><.I
Cny Cc,unc1I.
Sccuon 1 Pursucnl l<> l\rt1dc V, S1-cl1<•n 40. of the En~le\\11<1\1 lhlll1<: Kulc Charier, the
l'II) C.nunc,1 has dc1crn1111c.l 1ha1 the Agn,cme,11 ,h;ill 1101 he puhlis bcd bccou,e of us size.
Sc·qmn J Titc M;ii•or 1s ;iuth,,mcd tc• cxccut: nn~ the l'11y l'lcr~ 1<> nlle.<I ond seal the
lnt,-r~ovcmmcm.,I (ir.1111 Aprcemcnt f<>r and on bc-h; If or the City of Fnglewood, Colorado.
lntmduccd. rCJ<l in fdl. and rassc<l on first reading t'11 lhc 11th d.oy ufOc1nhc1, 2008 .
l'uhhshcd ns ., R11' r,, ,m O,dmance 1·1 the ( 11) ·• oflic111I 11cwspnpc1 on the 1011' day of October,
200$
PuhhsheJ as • 8111 for an Ordinance on the Cny's official "ebsnc bcgmnmf on the 8th da) tif • Octoh~r. ~008 for th,ny (30) d3)'S. James K. Woodward. Mayor ATTI.SI
Lot.crish,a A. Ellis, Cny Clerk
I, Loucnsh,o A. Eilts. Cny Clerk of the Cny of Englewood. Colorado. hereby ccn,fy that the
above and foregoing 1s a true CClflY of a 8111 for an Ordinance, introduced, read in full, an~ passed on
first readins on the 6th day of October. 2008 .
Loucri~hia A, Ellis
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INTE RGO\'ER~\I['.\ r .\L ACREEME:-T RCGARDl;';G 2008 GRA:-;T Of ARAPAHOE COUNTY OPEN SPACE PROGRA M FU;>;DS PR OJ ECT NAME: l'LA TTE RI v:m BIKE / PEDESl RIAN BRIDG ES This lntcrgovemmental Agreement ("Agreement"), is made and entered into by and between THE BOA RO OF COUC'\TY COMM ISSIONERS OF TIIE COUNTY OF ARAPAHO E, STAT E OF COLORADO, (the "County'') nnd the CITY OF ENGL EWOOD,
a municipality and political subdi,•ision of the State of Colorado (lhc "Grantee").
WHEREAS, on November 4, 2003, the voters of Arapahoe County approved a county-
wide snles and use ta.~ to be used for speci fied Open Sp3cc purposes as set fonh in County
Re so lution No. 030381; dnd
WHEREAS, Resolution No. ()',038 1 authorizes the County to a word grants of funds from
the Open Space Sales and Use Tax 1 'Grant Funds") to be distributed to municipalities and
special districts, as more fully set fon1 herein;
WHEREAS, on May 20 , 2008 the County approved the rjrantcc's Project Application,
which is attached hereto and incorporated by reference herein as Exhibit A, {"Project
Application"), subject to lhe execution of an intergovernmental agreement and subject 10 the
terms and conditions contained herein;
WHEREAS, the County desi res to enter into intergovemmcntnl agreements, as a
condition of grant approval, wi!h such municipalities and SJlCCial districts that have bee•,
approved for i;rants from the County; an:I
WHEREAS, these intergovernmental agreements are authorized by Anicle XIV, Section
18 of the Colorado Constitu11on and COLO. REV. STAT.§ 29-1-203.
NOW, THEREFORE, the Count) and the Grante, agree as follows '.
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Amount of Grant, The County agrees to prtvidc G1antee w11h Grant Funds in
the amount not to exceed$ 250,000 from tho Arapahoe Count)' Open Space,
Park s and Trails Grant Program for the Platte ki,·er Bike / Pedestrian Bridges
("Grant Project")
Use uf Qrnnt Funds The Gr:intce agrees th~t it shall only use the Grant Funds
for the Grant ProJCCI. as set forth m Exhibit A
Time For Use of Grant Funds. The Grantee ai:rees that such Grant Funds will be
expended by no lat~r 11.~n one year from ihe date of this Agr.;cmcnt, Lnlcss a
longer period of lime s ot herwise er re:: t,y the Count) in wnting
Interest on Grant Funds. The C.,antce funher agrees that, after receipt of ns
Grant, the Grantee will use ~n) interest earned on the Grant only for the Grant
Project as set fonh in its arprc,ved grant application.
E X H I B I 'r l
5. M!njnimau on of Qran1 Proiect. The Gramee shall be responsible for the dir~ct • superv isi on and administration o f the Gra.nl Project The County shall not be liable or responsible for any cost overruns on 1hc Grant Project. Nor shall the Cm•my shall have any duty or obligation to provide any add11ional funding fo r the Grant Project if the Grant Project cannot be completed w11h the amount of Grant Funds awarded by the County 10 the Grantee 6. Grant Project Site Vi sits. Upon 24 hours wriuen notice 10 the Grantee,
1he Grantee agrees 10 allo\11 the County 10 make site visits before, during, at the
comple11 on of and/or after lhe Grant ProjecL
7. Acknowledgement or Countv by Grantee , The Grantee agrees 10 acknowlrdge the
County as a con1ribu1or 10 the Grant Project in all publications, news releases and
other publicity issued by the Grantee related to the project and agrees to allow the
County to do the same. lf any evenlS are plBMed in regard to the Grant Project,
the County shall be acknowledged as a contributor in the invitation to such events.
G!'lllltee shall cooperate wtth the County in preparing puLlic information pieces,
providing photos of the Grant Pr.:jert from time to time, and providing access to
the Grant Project for publicity PUIJX:SCS.
g Required Sign al ProiecJ Site. Gramee agrees 10 erect and pcnnanently maintain a1
least one sign in a publicly visible area in recognition of the grant from the
Arapahoe County Open Space Program. The location, form, design, and wording • of such sign shall be approved by the County. Such sign shall be erected prior to
the completion of the Grant Project or its public opening, whichever is the earlier.
9. Repon Requirements. On or before Janun11' 31, 2009 the Grantee agrees 10
provide the County with an annual updated rcpon that describes the amount of
progress in ,ompleting the Grant Project, Grant Project milestones, and the use of
the Grant Funds to date Upon completion of •h• Grant Project, the Grantee also
agrees to submit to the County a final repon, including a cover letter that cenifies
what the Grant Funds have been used for and that the Grant Funds have been used
in accordance with County Resolution No . 030381 . The final report shall aho
include a detailed project summary along with high 11.;olu1ion photographs of the
various stages of the Grant Project development and its completion. The Grantee
f~nhcr agrees to provide tne County with an electronic copy of the final repon,
including scparnte high resolution digital photographs. The final report shall be
submitted within three (3) months of project completion unless a longer period of
lime has been agreed 10 by the County in writing. The County shall be allowed lo
use infonnauon and photographs from repons in publications, public information
updates. and on the County's web site .
10. Failure to Submit Required Reports. Upon wriuen notice from the County's Open
Space Manager, infonn in g the Gran tee that it has failed to submit any required
aMual update repon and/or final repon, the Grantee shall submit such repons to
the County through the County's Open Space Manager within thirty (30) days, • and, if it fails to do so, the Grantee shall be deemed to be in violation this
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Agrccmenl. The Grantee shall be mehgible for ani future Grant Funds, unu, ,nd unless such reports ha"e been submllled 10 the County's Open SpJce ~ 1ana11cr Record Keep1n~ Regu1remem, The Grantee shall maintain a co'.Tlpletc set of books and records documcnung 11s use of the Grant Funds and 11s supervision and admini~tl'l\ion of the Grant ProJect The County or any of 1tS duly authorized rcprcsenlBlivcs shall ha, c reasonable access to an) oooks, d,>tumentS, 1>3pcrs, and records of the Grantee wh:~h arc pcrtmenl 10 the Grant Project for tht purpose of making an audit, uamma11on, or c~cerp1s. The Grantee shall keep all books,
documentS, p:ipcrs, and records, which are pcrt1ncn1 10 the Grant Proiecl, for a
minimum of thrcc years.
Reirr:;o,...;mcnt 9[ Grant Funds. The Grantee undcma.lds and agrees that if the
Grum ,s not used in accordance with ilS approved Grant Application and/or this
Agreement, the Coumy may require the Grn.ntcc lo reimburse the County in th:
amount of such Grant Funds that arc not used for the Grant Projw.
Remedies. The rights and remedies of the County as set forth m this Agreem~nl
shall not be exclusive and arc in addition 10 any other rights or remedies provided
by la"
~aiver of Rights. A waiver b)• either party lO this Agreement of the breach of
any term or provision of this Agreement shall not operate or be construed as a
"ah er of any subsequent hreach by either party .
Changes 10 Grant Project The Grantee agrees and understands that ns Grant
Projec1, once it has been approved by the County, may 001 be changed without the
County's prior approval Changes must be requested in writing and may not
begin i.ntil an amendment 10 this Agreement has been appro"cd by the Counl)'.
16. Transfer of !merest in Grant Project. The Grantee understands and agr= that no
land or interests acquired \\ilh the Grant Funds as part of the Grant Project may
be sole!, leased, traded, or otherwise conveyed, nor may an exclusive license or
pcnna on said land or m1eres1S be given, without prior approval of the Grantee's
goveming body 3ftcr conducting a public hearing. The Grn.ntcc further agrees if
su h sale, lease, trade or conveyance is made or an exclusive license or interest
ha reen given, the proceeds shall be deposited in an open space fund 10 be used
fo, r poses consistent with Resolution No. 030381
17. Maimen-:inte: G1:m1ec agrees to assume responsibility for continuous long-term
mainteMnce nnd public safety of open space lands, trails, recreation faeihties,
amenities, ~ignagc or other projects funded by this County Open Space Gr:mt.
I 8 Relationship of the Panics. The Gram~e shall perform all d•;ucs and
obli~ations under this A&reemcnt as ar, independent con1r1c1or and shall not be
deemed by virtue of this Agreement 10 have cnte~ into llll) partnership, joint
venture, err.plo)er1e11ployee, or other relationship wi:h I~ County .
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!so Third Pany Bepefjtiaries. Noth,nt m 1his Agrc:e mcm shall give or allo" any claim or nght of acuon wh3tsocvcr t-) Jn~ thtrd pany , inc luding, bu1 not limited 10, an y agenls or contractors of the Grantee. 20 Scverabilny . Should an} one or more provisions of thi s Agreement be de1ermir.~d to be illegal or unenforceable, all 01her provisions nevertheless shal l remain effective; provided, however, 1he parties shall fonhwith enter into good faith negotiations and proceed wi1h due di ligence lo draft a provision tha t will achieve 1he original inten1 of the panics hereunder.
21. Written Amendment Required. This Agreement may be amended, modified, or
changed, in whole or in part, only by written agreement duly authorized and
executed by the County and the Grantee.
22. Venue. Venue for the trial of any action arising out of any dispute hereunder shall
be in Arapahoe County District Coun, pursuant to the appropriate rules of civil
procedure.
23. Notices . Notices, as referred to in this Agreement, shall be sent 10:
COUNTY: Board of County Commissioners of Arapahoe Coumy
5334 South Prince Street
CIT Y:
Littleton, Colorado 80166-0001
and
Arapahoe County Attorney
5334 South Prince Street
Littleton, Colorado 80 I 66-000 I
and
Arapahoe County Open Space Manager
107 30 East Briarwood Avenue, Suite I 00
Centennial, Colorado 80112-3853
and
Mark Graham, Senior Planrer
Englewood Community Development
City of Englewood
I 000 Englewood Parkway
Englewood, CO 80110
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~nm,hlt..J .11\ I Im •\gr~crr.:-.: sh.,11 he con;1r.:j JnJ cnt, recd m ,cc-•rJJncc "llh the !311 s <•f 1!.e Stale uf C,: rad,, fa1cm l'f At;{C£1T'~nt This A;:eeme~1 cons111u1t, 1hc cnurc agrecmcnl of 1hc ranies hcrt:o The ranics as:ee 1ha1 1htrc ha,e :,een no rcprc~cnlJ.ions made regarding 1hc suhj~.:1 mlllcr he:co f other than tho~e. if an), conrni,cd herein, 1ha1 this Agrcemcn1 const11u1cs 1he ~ntire agreement of the panics with r~s::,ec1 10 the subJCCI mallcr hcrc->f, and fur.her agree lhlt the , arious promises and C0\'Crtants conl31nd herein are mutuall~ agreed upon and an: m considcrati,1n of one
ano1hcr
Coyn1crpans Thi s Agreement may be cxecu1cd in muluple counterplns, each of
which I\ ill be deemed to be an original and all of \\hich taken together will
cons1itu1e one and 1he same agreement.
lnc:orpora1ion of Exhibits. l;nless otherw ise smcd in 1h1s Agrcemcn1. an)
exhibits, orplicat io ns, rcsolu1ions, or other documcn1s referenced in thi s
Agreement shnll be incorporated by refe rence in10 !his Agreement for all
purposes.
Scc1ioa Headings , The headings for any section of this Agreement ore only for the
convenience and reference of the pani es and are not in1ended in any way 10
define, limn or dcs;ribe 1he scope or inlenl of this Agrecmenl.
lJisburscment of Gran r Funds. For land acquisiuon projects , Grant funds nrc
10 be made a"a ilablc 10 1hc Grantee by lhe County at the lime of real estate
closing. For all other Grant Projects, funds shall be transferred soon after 1hc
execu1ion of the IGA . The preferred method used b) the Coumy for transfer of
Grant project funds is b) AC!! Authorization. Grantee agrees 10 this method .
30. Su;natures. The signatories 10 1h1 s Agreemcnl reprcscm 1ha1 the~ arc full>
nu1horizcj r execute !his Agreement and bind 1hei: respective cmities .
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11', WITNESS \\':-:ERE0 F, the County 3.lld the Grantee have executed this Agreement as • c,f the date stt forth beic· ..... DA TED this :!6"' cay of Aug,JSt, 2008. ATTEST.
By ________ _
City Clerk Loucrishia A.
Ellis
ATTEST:
By .. ~ ~--c:-------Nancy A. Doty,
Cieri '.O trn: Board
GRANTEE:
Br.. ___________ _
Name James K . Woodward
Tille Mayor
COUNTY OF ARAPAHOE
STA TE OF COLORADO
By:. __________ _
Bob Toll, Open Space Manager,
Pursuant 10 Resolution # 070462
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Exh ibit A 2008 Arapahoe County Ope n pace Grant IGA
20 08
ARAPAHOECOUNTY ,COLORADO
Open Space , Parks , and Trails
Grant Application
City of Englewood
Applicant Name:
Proje-;t Name:
Contact:
City of Englewood
Platte Riv er Bike/Pedestrian Bridges
Mark Graham , Senior Planner
Phone: 303.762.2353
Email : mgraham@englewoodgov.org
Community Development Department
City of Englewood
1000 Englewood Parl(way
Englewood , CO 80110
•~:-::-:"' fg=-=eg=~=ow-:---~-@-.
N3 I ~
Arapahoe County Open Space, P'Vlls. and Trais Grant Application UC WORK&
Pagu ! of 26 ~§f_ACE
TABLE OF CONTENTS • Section Page N umber • Transmittal Letter Page 3
• Part A -Contact and General Project Information Page 5
• Photographs
. Part B -Trail Projects
• Part F -Detailed Project Narrative
. Part G -Budget Form
• Letters of Support
. Maps
Arapahoe County Open Space, Parks, and TraBs Grant Applocatioo
Page 2 o/26
Page 7
Page9
Page9
Page 17
Pag e 18
Page 21
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C T y 0 F C I T Y
Janwy 23, 2008
Mr. Bob Toll, Open Spact Mana;er
Public Works and Development
Anpahoe County Government
10730 East Bri&rwood A~
Centennial, Colorado 80112
{~ E N G L E 1/\1 0 0 C 0 u " C I
Subjttt: Englewood's 2008 Open Spaet, Parks and Trails Grant Application
South Platt• Ri,itr Bike/Pedestrian Bridges
Dear Bob:
D
! tm plme to tr&Mmit En<wOOCl's aoo8 Application for illl Open Space, Park.I and
Trails Grant that would enablt Engl,wood to construct two pedostritn bridges across
the South Platte River lo 2008 .
Wh~e the details are in the application. I would lik• to point out that the project is
highly leveraged byTransport4tion lmprov,ment Project funds p!O\id<d by the Denver
Regional Coundl of Gov,rnments, GOCO Legacy Grant funding and City of Englewood
Shareback funds. With the oth<r funding in plaet, t bt Arapahoe Open Space Grant
funding becomes key to moving forward with construction in 2008. We are requesting a
grant for less than 15" of the project cost<.
The locotion of the bridges in the Cilia of Sheridan ond Englewood spread the benefits
olong the river corridor that hu been th• locus ol the South Pl•tt• Working Group
discussioDJ throughout 2007. A5 you may be aware the Mary Caner Greenway Is the
primary bicycle and pedestrian facility in West•m Arapahoe County.
With the opening of the newly re-built Englewood golf coune (re-named Bruken Tee at
Englewood) near th• proposed Oxford Bridge, the golf course bridge traffic is expected
to be up substantially tinct crossing th• river multiple times is required when playing
the regularion tS hole course. The gollm with their bags and golf cans move at a
different paet than the bicycle riders usillg the M•IY Caner Trail. Separating t~ golfers
from the trail users is sure to improv• s•f•ty and satisfaction for both groups .
...,_. J.'I W,..,W.wt \I \Ari:,, • M.r.1' PPi11tffl ir,li.,, It .i.1,it,,._ O,w,c1 J
kM'l lt'll"'10tltlO.W•1 I ,11. ......... , ...... ¼ ....... w_,__Q.a.ln ~,. ·•~r-r,,.,..,,., I • ... lo',,14>,ti ...........
1000~n-k.,. .. ..x.idP¥lW,l\' fn\;l'-'OOd.Colut,'<iu 80110 Plw1n~J()) 7un.Ho j:',\.'(.)O}it.,.!.!~ __ ...........,.,.
Arapahoe County Open Spa ce, Parks, and Trai! Grant Appllcallon
Page 3of 26
Page 2 January ~3, 2008 Conntcting the Unit D,yCtt<k Trail with• bridge across the South Platte to the Mary Carter Gn,enway just south of Dartmouth Avenue is another impnm,ment for 1M
heavily used regional traihystem . The Unlc Dr1 Creek Trail allo,.-, user1 to avoid a
highway, major street and rail crossings wh<n moving ust and west towaro or away
from the South Platt~ Rivcr trails.
Tbe project is n,ady to ;;o with finished plaru, g=mment agency approvals, utility
approvals and funding nearly sufficient to build these structures. With approval of an
Arapahoe County Op4=n Space. Parks and Trails Grant, these bridges will be built in
2008.
Sincerely,
-1:.t,J...a.....-S)
o., K. Woodward /
)'Qr
Ent Arapahoe County Opu Space, Parks, and Trails Grant Application
South Platte Ri-Bib/Pedestrian llrldc•
ex: Gary Sears, Cty Manager
Michael Aaherty, Deputy City Manoger
Rick Kahm, Public Works Director
Jen-ell Black, Parks and R=cation Director
Alan White, Community ee.tlopment Director
Dave Heoder,on, Capital Projects Manager
Mark Graham, Senior Planner
Arapahoe County Open Space. Parks, and Trans Grant Application
Page 4 of 26
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Arapahoe County Open Space, Parks and Tra ils Grant .t'.pp lication
Part A -CO NTACT INFORMATION
f'r'0!eol Typo.
XX Trallo O Open Space o Peru O ManogernenllNaint
QE4,ca!,an =~ff'41 0 Ollw(ploue desat>o)
1wne al Prcjecl. Platte RlYet Blke/Podnlrian Bridges Oolr Jan,ary 30, 2001
APPLICANT INFORMATION :
City ol Englewood
IOOO~Patb-ay
Englewood, co 8011 0
Applicant Federal Em~ 10 Numbet (FU'l~
Signature of Authorized Agont:
-~ SenorPlomor
303.762.2353
19:n:#ld :C"'?'U!I
~583
t. J-K. Woociw.<d, Engltwood Ma)'Of, hereby al!rm 1h11 I am tho authorized-" ltrllle
City ol Englewood, which II lll!llylng lcr the gl1"ll n dosat>ed hO<llln. Ind that tom legdy
.-an bellall ol ~al Englewood IO 1pply es !ls agenl for this Anlpehoe County Open
Space, Pafb. and Trails Gt>nl.
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GRANT REQUEST: (R>Undedto noares1 $100r,
1. GRnt R-1 U SO,OOO(lo<ll,_lodhmc-yi
2. l,laldllng fund& + $ 1,'60,~ o4 ZS'J. o4.,., _.)
3. Tolll Proje<I Cool • $ 1,710,eoo 11int l _...,.. -M l
Arapahoe County Open Space, Parks , and Trails Grant Applicadon
Page5cl26
A BSTRACT : Name of Proj ect : Platte River Bike/P~des tr ian Bridges Bri ef De scription: The Mary Carter Trail runs north and south along the Sou th Platte River link in g Chatf.91d State Park lhrough Littleton, Sheridan and Englewood to Denver . Th is project installs two br idges across the river for the use of bicyclists , pedest ri ans and ot her s.
The Oxford Bridg e in Sheridan will be inslalled south of the bridge that was hislorica lly
shared with golfers . Recent reconfiguration of lhe golf course increases go lfer use of lhe
br idge . The proposed bridge separales !rail users from golfers . A lraffic oonl rol circle will be
installed with this project lo slow bike and golf cart lraffic and improve Intersection safety .
The Dartmouth Bridge in Eng lewood links the Little Dry Creek to the Mary Carter
Greenway Trail. The bridge replaces a route utilizing a narrow sidewalk on the Dartmouth
Avenue br idge . The Li ttle Ory Creek Trai l and route runs sout h and east from the rive r
providing grade separated access un der U.S. Highway 85 (Santa Fe Drive) and railroad
tr acks to Eng lewood St ation . The route continues southeast throug h Eng lewood und€lr U.S.
High way 285 and Broadway to City limits at Clarkson Street.
PROJECT LOCAT ION INFORMATION
City City of Englewood
Da rt mo uth Bridge Section 33 (1971-33-4)
Section/Township/Ra nge : Towns hip 4 Sou th, Range 68 West,
City City of She ridan
Oxford Bridge Sec tion 4 (2077-04-3)
Townsh ip 5 South , Range 68 West
County Commissio ner District#:
LAND OWNERSHIP
Name of Land Owne r: public, right of way, or pedestrian easemeni
Evidence of ownership or easements for trail :orridor / conservatio n ea5emenls:
D Enclosed XX Will forward if requested □ Not yet available (Explain)
Arapahoe Cou nty Open Space , Pa rks, and Trails Grant App li cation
Pag e 6 or 26
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Photo #1 Dartmouth Avenue Blldge: emtlng route betwMn Uttle Dry Creek Tral ind the Mary
Certer Greenway .
Photo #2 Existing golf course bridge where mowe11, golf carts and other motorized vehicles
share the bridg e wtth the blcycilsts and walkers on the Mary carter Greenway.
Arapahoe County Open Space, Parks, and Trails Grant App!lcallon
Page 7 of 26
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Photo #3 Propoled conditions: new bridg~ -will be almDar to the Big O!y Creek Bridge (shown )
crossing the South Plltte Rlwr.
Atapahoe County Open Space, Parks, and Trails Grant AppllcaUon
Page8 cf 26
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Photo #4 Typical 10 loot wide concrete path on Mary Carte.-Greenway linking to 10 loot wide bridge crossing the South Platte River . Part B -TRAIL PROJECTS USER INFORMATION Trails USl!IS (Please check au that apply) XX Multi-Use T ra~ 0 Pedestrian C.,11iy O Equestrian
XX Blklng
XX Non-Motorized Only
XX In-line Skating XX Skaleboardlng 0 Equestrian Side Trafls
XX ADA Accessible
0 Trailhead
TRAIL INFORMATION
(Please Include the following)
FHt of new tran (2 bridges) construction
FHt of tran maintenance
Size of new traifhead oonstruction/reconstruction
MU,s of Inter-connecting travel benefiting from prolect
TYPE OF TRAIL SURFACE
(Please check aK that apply)
O Asphalt XX Concrete
O Other ____ _
393 ffneal feet
393 Oneal feet
NA
100+
O Crusher.fines
0 Nah.ral/Dlrt
0 Other (please specify) ___________ _
Estimated Cost Per Mlle of Tran: ;vA
Part F • DETAILED PROJECT NARRATIVE AND SELECTION CRITERIA
1. Project Description 20 Points
D. Trails. The proposed brtdges serve blcyctists, pedestrians and other users ol the
Mary Carter Greenway and Little Ory Creek Tra ns. Both 18Creational and commuter type
bicycle riders use the trall systems that runs north Into Denver. At Confluence Par1( the
Platte River Traas Ue Into the Cherry Creek Trans with access to downtown Denver and
south east to Cherry Creek Stale Par1(. North of Confluence Par1( the Platte Trans
continue through Adams County to Brighton. Many recreaUonal riders also ride south
through Englewood and Llttleton Into Chatfll!ld State Park. The Mary Carter Greenway
Traff Intercepts several significant east/west trails, lncludlng: Big Ory Creek. Bear Creek
and C-470.
The proposed Dartmouth Bike/Pedestrian Bridge aosses the South Platte River and
links the llttle Ory Creek trail difeclly to the Mary Carter Gl9flnway T raR. The new bridge
efimlnales the use of a circuitous route via a narrow sidewalk on the W,st Dartmouth
Avenue vehlde bridge. Thal bridge seems daunting to recreation riders and pedestrians
because the road Onks s warehouse and commercial district to U.S. Hlghway 85 carrying
many 11\Jcks.
Arapahoe County Open Space, Parks, and Trala Grant Apptlcatlon
Page9of26
The proposed Oxford Bike/Pedestria n Bridge crosses the South Platte River carrying • the Mary Carter Greenway users South of Oxford Avenue , the trail is built along the west side of the river . North of Oxford Avenue , the trail transitions to the east side of the river. The proposed bridge connects the main trail and w\11 exctuslvel)• serve users of the Mary Carter Greenway thus separating them from the golf co urse traf'ic. H,storically, Mary Carter Greenway users shared a bridge with the En<jlewood Golf Course. Over the pasl year, there has been a detour In place as both sides of the river are redeveloped. City of Sherida n Initiated redevelopment of the area that results In
relocating other bridger. on the Mary Carter Greenway and also reconrigures the
Englewood golf course. The re-designed golf course puts many more golfers and golf
carts on the existing bridge since playing either set of nine holes will now require
crossing the river.
2. Cou nty and Community Benefits 25 Poin ts
Describe project object ive and need .
Objective: Install bridges serving Mary Carter Greenway Trail and Little Ory Creek Trall
users.
Need : Increased golf course traffic on sha red bridge creates con91rntion and safely
concerns. Golf course owns existing bridge. Separating trail use from golf course use with
installation of new Oxford Bridge enhances safety and function of both bridges. The new Oxford
Bridge provides a qualitative Improvement to the Mary Carter Greenway experience. The
current shared golf course bridge mixes motorized vehicles with bicycles and pede strians. That •
situation Is unique to this tocatlon. The resulting congestion is especially unwelcome for bicycle
commuters using this route. Less skilled recreation riders may also have difficulty riding with
motorized vehicles . The new Oxford Bridge alleviates those conflicts.
Need: Linking the Little Ory Creek Trail to the Mary Carter Greenway Trail enhances
one of most heavily used commuter and recreation trails in Englewood. The current route uses
the narrow sidewalk on the Dartmouth Avenue vehicle bridge that may discourage less skilled
and recreational riders. The Little Dry Creek Trail continues along Clarkson Street into Cherry
Hills Village where It connects to an off-road hiking/biking trail that runs easlt'west along Quincy
Avenue . That path continues as an on-street path vta Monaco and Union Avenue thru the
Denver Tech Center to where It meets Cherry Creek State Park east or Yosemite Street.
Need: While there are a few on-street parking places along the west side ofW. South
Platte River Drive. the Dartmouth Br:dge will provide a link to the Cushing Park trailhead on the
Little Ory Creek Trail. Cushing Park is less than a mile east of the Sou th Platte. There are many
parking places and othe r !railhead amenities inch1ding: picnic sheller, restrooms. bike racks.
benches and way-findirig signs to the Mary Carter Greenway .. The next clo:.est !railhead is at
Oxford Avenue.
Incl ude Infor mation on how the project benefits various community activities, and
provides benefits to local communities.
o Community surveys completed in conjunction with the Parks Master Plan 2006-07
indicate trails and open space are among the top five recreation demands by •
residents. Trails provide access to the open space areas.
Arapahoe County Open Space, Parks, aod TraTis Grant Application
Page 10 ol 26
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o Enhancing easVwesl pedestrian and bicycle access between the Pla tte River Trails and Englewood CltyCenter aids commuters , library patrons, museum visitors, public meeting attendance and use of the public transportation system. The Englewood Crvic Center and light rail station is located one block south of the Little Dry Creek Trail along South Inca Streel o Clean Air Act goals for reducing VMT (vehicle miles traveled) are served with enhanced pedestrian co nnections In TOD (tra nsit oriented development). Good pedestrian routes may encourage walking/biking Instead of driving to and arou nd Englewood Light Ra ll Station. Englewood Station Is the fourth busiest light rail .talion In the system . Englewood Station is multi-modal. serving 4 00 buses per day in
addition lo over 1000 park n ride commuters, bicyclists and pedestnans .
Discuss the urgency of the project and why funding Is needed now.
The proposed Oxford BlcyclefPedestrlan Bridge would reduce congestion and
conflicts on the golf course bridge. The golf course was closed In 2007 fo r re-des ign and
construction. The golf course re-opens In 2008 with a reconfigured hole layout that
requires golfe rs to traverse the river for either the front or back nine holes. This
Increases the demand on the existing bridge which 1s owned b)' the golf course but
historically shared by Mary Carter Greenway Trail users.
The proposed Dartmouth Blcycle/Podestrlan Bridge makes a direct connection to the
Mary Carter Greenway . The current routo Is clr~u ito us utilizing sidewalks ~long a busy
commercial street and com mercial properties.
o Englewood City Council prioritized the bridge projects ,
o Bridges and associated trail r111ks are designed and ready to bid pending COOT
concurrence.
o Project has DRCOG TIP (Tra nsportation Improvem ent Project) Funding, Great
Outdoors Co lorado (GOCO) funding and Englewood Open Space (Shareback)
funding .
o Project has Stale Department of Wildlife penni~ approval by Urban Drainage and
Flood Control District (UDFCD), Army Corps of Engineers 404 perm!~ and
Environmental approval from Colorado Department of Transportation (COOT).
Describe the scenic, historic, and/or unique features of this property.
The proposed Dartmouth Bridge is situated in the area on the So uth Platte dubbed
'Placer Camp' in 1858 when gold was discovered by the Wllllam Green Russell party.
Local historians have written that the Initial gold find was worth $800. Colorado Territory
was established In 1859 and about 50 homesteads were staked along the South Platte
In the area that was lnllially called Petersburg later incorporated (1903) as the City of
Englewood.
Estlmato the number of resldonts or households this project could serve annually.
Severa l hundred thousand people use the Mary Carter Greenway annually .
Arapahoe County Open Space. Parks, and TraBs Grant Application
Page 11 o/26
3. Planning and Design 25 Points • Describe how the project will be devtloped, designed, built, mai nta ined and managed for long-term sustainability. Bridge construction doc uments for both bridges were prepared by Hartwig and Associates of Castle Rock. They were deve loped to meet the req uirements of the TIP Program for use of Federal transportation funds. This process Included coord ination and review by several agencies includi ng Colorado Department of Transportation (COOT}, Department of WIidiife (DOW) and Army Corps of Engineers. The project will be bid out with construction Inspection by
consultant and oversight by Englewood and COOT staff. Leng term maintenance of the
Structure will be by City of Englewood though the maintenance of the palh, such as sweeping
and snow removal, is provided by South Suburban Parks and Recreation (SSPR).
Cite the name and date of any relevant plans.
o Englewood 2003 Comprehensive Plan
o Englewood's 2003 South Platte River Open Space Plan
o Englewood Bicycle Plan 2004
o Englewood 2006 Parks Master Plan
o 2007 GOCO Legacy Application
Indicate what priority Is giv en lo the project In plans or agency documents.
The 2006 Pa rks Master Plan describes the Dartmouth Bridge connection on Little Dry Creek as
'a critical missing link". The Oxford Bridge supports the mai n South Platte River Trail that runs
from Walerton Canyon to the City of Brighton. In the section entitled Trail Projects and Crossing •
enhancements, the Master Plan recommends that:
"Englewood's focus is on compleUng gaps In and extending off-street urban !rafts. Very httle
space is avalable to acqu~e corrid<n to add to the existing off-slfeet lfal system in Englewood;
however, key connections that are missing should be vigorously pursued Once these
connections are completed, a core commuter, primariy off-slfeet system wlll be In place that
forms the backbone of alternative transportation opportunmes within the city and helps to get
people to park and recreation fac~llies."
Project Priorities consider the following:
o Health, Safety, We lfare and Code Compliance. Reducing conflicts between Mary Carter
Greenway users and motorized vehicles enhances trail safety. Creating a safe and
attractive trail encourages people to walk, skate. bike and other activities which enhance
their health.
o Ease of Implementation. The projects occur on City owned land or right-of-way so no
land acquisition is required . The proposal is to build the bridges dunng the winier when
the fewest trail users will be inconvenienced . The winter is also the low·llow period for
the river, so construction is easier. Local, state and federal approvals have been
obtained or are forthcoming .
o Economy of Scale. The engineering, trail connection design, environmental approvals,
funding, bidding, construction, inspection, oversight and reporting were done or will be
done for two bridges at th e same time.
Arapahoe County Open Space, Parks , and Tra0s Grant Appllcabon
Page 12 of 26
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o Community Significance Linking Little Dry Creek Trail via Dartmouth Bridge to the Mary Carter Greenway ,s an extreme ly significant c~nnection. The bndge links to the Mary Carter Greenway lo the northernmost Arapahoe County tra1lhead, to public transportation, to the library. courts, Museum of Outdoor Arts, as well as Downtown Englewood, Englewood High School and to Cherry Hrtls Village on Englewood's east boundary. o Community Balance. The Little Dry Cree k Trail via the proposed bridg e provid es river access to the north half of res idential Englewood east of the river. The proposed bridge north of Oxford Avenue serves people moving north and south on the Greenway. The Oxford Bridge is a regional resource
o Partnerships for Funding. There are several partnerships in place that make building
more than $1. 7 million worth of bridges possible. The Federal ISTEA funds provided
through DRCOG are the largest single resource . Nei ther would the project b-0 possible
without Arapah oe Co un ty Open Space Sales Ta x Funding. The GOC O gra nt and
Developer Participati on make up the balance of the resources needed to build the
bridges.
o Urgent Need. With the reopening of the golf course in 2008, bridge congestion from the
golfers co,nbined with lne Mary Carter Greenway users is expected to increase. Safety
would be improved wtth the proposed separate bridges.
o Completes Phasing of Current Projects. Previous projects enhanced trailheads at Little
Ory and Big Dry Creek. The Big Dry Cree k Bridg e over the South Platte wa s Installed
about two years ago. Building the Little Dry Cre ek Bridge Is a key com ponent In that trail.
Discuss how this project fits into the adopted open space, parks, or traits plan .
The proposed Danmouth Bridge, linking the Lttlle Ory Creek Traff with the Mary Carter
Greenway, was funded by ORCOG and Englewood in 2007 for construction In 2008-09.
Tra ilhead Improvements we re Installed along the Little Dry Creek Trail at Cushing Park In 2007.
Signs directing trai l users to and from the South Platte were installed with that proj ect. The trail
south and east of Cushing Park was installed In the late 1990s In conjunction wtth the '
redeveloµment ol the Cinderella City mall . The Trail between Little Ory Creek Plaza and S.
Clarkson Street was completed in 1989 in conjunction with drainage Improvements funded by a
partnership of City of Englewood and the Urban Drainage and Flood Control District. Building
the Da rtmouth Bridge places another critical segment or off-street trail Into service.
The proposed Oxford Bridge on the main Mary Ca rter Trail was also fu nded by DRCOG for
construction In 2008-09. Building this facility now Is llmely because of the increased golf traffic
on the existing bridge owned by the golf course . Building the Oxford Bridge maintains the main
Mary carter Greenway Trail white improving the safety and experience of trail users by
minimizing conflicts W1th motorized vehicles at the golf course
Discu ss the planning, design, and management that wlll minimize Impacts to the
environment.
The Bridge plans were prepared with input from the appropriate agencies Including: Denver
Regional Council of Governments. the Army eor,,, ,f Engineers, Colorado Department of
Wildlffe , The Colorado Department of Transpor1a ,, ... , and the Urban Drainage and Flood Control
District.
Arapahoe County Open Space, Patks, and Traas Grant Apphca!1011
Page 13 ol 26
Timeline --------,--------------=-=:-------------t-----------c--:--::-::----------, ~ = ACTIVITY {-.en Feb t.1ar Oct Nov Dec Jan Feb Mar A Ma Jun Jul _ Al 100% Construction Drawings Complete Assemble Bid Docs (30 days) Grar,\ Application RevieN ( l\rapahoe
County)
Grant Award
tGA Ordinance (90
day-;)
Advertise 9id
(30days)
Bid Opening
Council accepts
bid
Nolice lo Proceed
Construction
Project Completed
Final Payment
Assumptions:
COOT provides an IGA for Construcilon by May 1, 2008
City Council Approves IGA by July 1, 2008
COOT issues "Concurrence lo advertise" by July 15, 2008
COOT issues "Concurrsnce lo award" by Oct.15, 2008
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Arapahoe County Open Space. Parks. and Trails Grant Application
Page14o. •
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4. Partnerships 25 Points Please see attached letters of support from Englewood Parks and Recrealion Commission, South Suburban Parks and Recreation, and City of Sheridan . Support a,1d contribul lons for the South Platte B,cycleJPedestrlan Bridge project came from the following: City of Englewood, Open Space Shareback DRCOG, TIP Funding,
GOCO Legacy Grant:
Developer Contribution
Subtotal
Requested:
Arapahoe County
Open Space & Trails Gra nt
Total
S 210.600 $1 ,030,000
$ 50 ,000
S 170 ,000
$ 1,460,600
$ 250,000
$1,710,600
The City of Englewood Is managing the Sou1h Platte River Bike/Pedestrian Bridge project
Englewood budgeted Open Space Shareback funds from the Arapahoe County Open Space
sales tax for this project. Englewood also applied for and received funding from the Denver
Regional Council of Governments (DRCOG) for Transportation Improvement Project funds
which are federal transportation funds (!STEA) .
The Trust for Publi c Lands wrote the Great Outdoors Colorado (GOCO) Legacy Grant for the
South Platte Working Group (SPWG). Englewood actively participated in SPWG effort to
develop a cooperative vision for Improving the South Platte with open spaces, habita~ Improved
water quality and trail coMections for transportation and recreation.
South Suburban Parks and Recreation (SS PR ) provides trail maintenance for the Mary
Carter Greenway through Sheridan, Littleton and Englewood. SSPR has recently implemented
safety enhancements along the Mary Carter Greenway Including the use of traffic circles at busy
trail Intersections with favorable results SSPR will be maintaining the surface of the bridge
Including sweeping and snow plowing .
The City of Sheridan worked closely with Englewood on golf COUIS8 redevelopment that
supported their commercial redevelopment (River Point) project. Sheridan is supporting the
proposed new Mary Carter Greenway Bridge In Sheridan and successfully negothited
Developer Participati on In the new bridge.
5. L ong-term Maintenance 15 Points
o Englewood Public Works Department maintains the bridge structure.
o Trail surfaces are mainta:ned by Sou th Subu rban Parks and Recreation .
Arapahoe County Open Space . Parks, and Trails Grant Application
Page 15 of 26
6 . Connectivity 1 0 P oints The Oartmo:Jth Bridge improves access between the Mary Caner Greenway and the Little Ory Creek Trail that connects to Cushing Park, Englewood Light Rall Station, Downtown Englewood and Englewood High School. The trafl Is used for both recreation and commuting since it Is grade sepa rated from ,everal arterial roads Including U.S. Highway 285, Broadway and U.S. Highway 85 (Santa Fe Drive) and the railroad tracks including light rail.
The Oxford Bridge Is a key link in the approximale 8 mile long Mary Carter Greenway finking
Chatfield Stale Park to the Denver trail system.
Maximum Score= 120 Points
Arapahoe C<-,,nr1 Open Space, Parks. and Trails Grant Application
Page 160126
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• • • p art G p -roject BU DG T E -Sources of Funds -Oate Grant R"°uest Cash Matc h In-Kind Match T o tal Englewood Open Space //1 /2008 210,600 $ 2 10,600 Shareback Arapahoe County Open Space 6!11.!00'l 250,000 s 25 0,000 Grant Great Outdoors Colorado Legacy 12/2C07 50,000 -s 50,000 Grant Develonar Contribullon 1/2007 170 000 $ 170 000 DRCOG Transportatio n 1/2007 $1 .030.000 lmorovemenl Prooram
Grant Totals 1,460 600 $1 ,710.600
Uses of Funds Date Grant Reauest Cash Match tn•K lnd Match Total
Professional Services/Desion 1/2008 240 000 $ 240,000
Conslructlon 1112008 • 4/2009 250 000 1 091 000 $1 341,000
Professional Services 11 /2008 -4/2009 129,000 $ 129 ,000
Construction Administration
Required Sign: Arapahoe County 4/2009 600 $ 600
OSPT
Grand Totals 250 000 1460600 $1 7 10600
TOTAL PROJECT COSTS: $1,710,600
Signature: -~J c;;;;;L Dale: __ /_·_.7~/_·_.Z_o_o~3'~-------
-~ ;a:_
Arapahoe County Open Space, Parks and Trail s Grant Applicatlon
Page 17 of 26
--
Al;ap.Jt« C uunl~
cm or sncaro", .&IOI S rt1krat 8,j~d S.hcn1iu1, CO IClllM)IN 1U.7C-~.?OO fA.XlOl.,..11-IUl ornct or TH£ , ... voR
Open Sp,i1Cc :11~ Tr;u!~ BNrd
IO'i)lj E Bn11n,cx\J A\cllUC'
C<n1'1\n1"1. CO ijOII)
RE: SupJ")n fi~ 20('11( Gnni Appl1~~1ton ror 11 b1.:-yc:lt and pc,lesi:nin hndp:c oonh o(
O'Cf1ml ~,cnuc s1.1bnu11ed h) C'11 yt1(En~c-w(IC)d
I 1m "-nt1n, ,n suppon 0(1hc-Ci~ ofEntl~oocrs 200& Gran& ArPftwion for
(nh1nt.:cmen1.£ IC'I the Mijl) C'1nerGrc-t'l'lv.-.y11nd in p;mia,lar. 'n:1rpr01'('S11 lo build a
AN hndgc crou1np 1hc: Stiuth PlaUC" R1, er near Oxford Avenue for bic)'\,"k!i ar ....
pcdcsui".s
o,-cr chc las1 rew years, 1hc City o(Shi:,aan h.H been rede,•c1'Jp1ng the lff3 aroun-i thC'
sol( rounc Pan of U\C' ,cdc,·clopmcot '":cs1it:ttcd 1h,1 EnM,I("-,~ re-design the inlf
m&zDt and 1ft dootr SO. l(lffl(' of Jhc hc1es Wffl tcloca1ed l0"0U the O\ff Al I result .
.,,hers pl.t)'in• lhc rc;11l:u-t.cwru no"' hli.-c IO ctuU 1hc nvc, m, the old bnd_r.c
S:ifct~ ~ bcctllllc m 11'\'J'c:uingty 1mpon11111uut 1s mail u5c inacasa Histoncall~ t"io
u:ul uscn ~red the o:cl bnJ,c •-nh lhc prcn bUt •"1th lhc comnwuon of 1nctUSC'CI
U.k C'1f 1he Grtcrw1y lr.11!\ i:and Ike rt-d~1gn of 1hc 1olf counc: con1a11on v. 111 be: cr~h.-d
~round 1he s111l!lc hod~.: En~le"ood', pn1JcCt \\Ill mcludt a 1,~mc drtle whcrt 1hc
bt~ln ·nd ,,,lf c::t,."U Cltl safcly~u nnr 11DOlnC"' I suppun E.nrlcv.ood's pr\'ljcc1 lh>1
•ill kp.tratc tn1I usc:n from ,o1rm 1hcrcb)' rcduc.i.ns cuasn.ttOn ~ Cfthancing 11fct)'
Thuu~ En .:lc\\ CIOd tl1 m:ma~in~ !ht pmjo.:t.. 1h.c bnd~e will ht loca1ed In 1he Ci1y or
ShcndJn inJ used b~ people fmm 1h( cnurc,e;1on For the safct)· .lnd CNl\tmcncc <'f
,11 those us tnf lhc 1:1JI and l:Olf course. I u,gc 1h1 r,11 Pff)'ldc the rtquCSlcd ~~•
funding IC\ build 1hic:: ntw O~ford bicycle: J.nd pcd•.:r.m:m i,r,d"c.
,.wwciffle',,d.tarom
Arapahoe County Open Space, Parks and Trails Grant ApplicaUon
Page 18 ol 26
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{~ C T y 0 F E N G L E \V 0 p .. ~, s """D RE CRfJ..T IO N C,1 M M I SSIO ,.. J~!4.?005 Aropaho< CCIWII)'
OpcnSpo.:candTmhlloonl
10 7)0 E 8nanri,ood A\C
Cffl1C:MUll, co 801 ll
Suppon for En&tcwood's 2005 Open Space & Tr.uls Gnni Apphe1110n for
D1r1mowh IJld 01rord 8ridac1
O..r Anpm,c C"""')' Opca Spat. and Tmls Boord:
0
On behalf of chc C1I) of EQ;ewood's P1tU and Rcc:rcatlOQ Comrnm:oa. Im 'fi'nl=i tn support of
e.,lcwood', 200I Ajlpl,cal.., for rundn,J io build "'" t.c)<lc and pcdestn,. bnd~ """"'"I dlt
South Plane
D
One role of1bc Eqtc,r,ood hrb.aad RCCfQuonCommi.woll is, 10 m1ewpropoitdlCC1al.ion fac:1ltt1cs
•nd pmv,um and IO m.akc l'tCOl'.'nmffldlOCIS 10 !he Englewood City Council in a comprebauive fuhion
The Con1mi.nion develops I Puks and Rccre111on Mld1ct PLan whfch ls an invcn1oryo(1U of ow
CXUIIIIJ C..:ilitic, Ind -Ind inck,d,. an ........... of CljWPffl"'I ud lxiliocs lhal need IO be
added. modiflCd or r,;,laced Tbc MNl<r Plu odmtifies lhc need for ohc O,ford Ind lhrunouth Brid;cs
11 pnonty 1nvertmcnu '111he regional tniil 1)1tcm in Enalewood,
In• IW'cy ~r mldttias: lfho Ilk Eqitwood rctrc.1hoa Caahtia ~ •u OJrdK'tcd m tvnJunctaon •lth
v.·n11n1 the 2007 Parts Mut0' 1'1:m, ra1oc:nt.1 r11cd th.c trails and Opj)Ol"Nnhtcs co v..-alk., Joa and blcydc
near1he 1opof1hdr list u Ll'II~ 10 lbrir pcnon:al ~ion actd,
The PfUP')Scd 0vunouth 8ndrc chm1n.itcs 1n 1wL.,."11rd route hnk1n1 t~ Linle 0')' Crttk Trail 10 th.c
Mar) Coner Orc-tnway The ni:w bridtc rmke, • dlr«i C0Mect1on ba~·ee:n the OftfflWI) and the: L.ulc
Dr) Crccl. Troll Thcpro;,oicd(>d0td Bndscwo..ld rcduc:•""'1-aaolcoafloabdwccnuaduxn
and ,otrm. Although die pf-.. bridac ,.,.,..,i .,.;, ...,. r .. mm,yyean, oho Cny rc,:1, tl>&I lhc
1l'k.:rta..cd u.c by both 1,T0up1 has rcothcd the p01nt where sq>Malt bridf(S ire ,,u.nu.ntcd,
The c""""""°" oppb1'1b dw: ma<Uet! safdy and coavcru= di» di, bndra "'111 prov,d< oo _,,
"ho use the ceaiocul tr.uh ••\,(thcr for commut1n1 or R'Cff:llion. We support your invmment in 1hcte
rq10nal ■mcnltles
I _1 '.---A\dt1n Gome,, ChD.lrpmon
ParU and RttftlllOG Cunvnt.uion
Cu~ of E"&l.......t
11SSW O\tordAV't.f'll.lt ln~'Od.Colort11o 801 10 f'hf)0,.)03-"t•U~0 f .-x)0J ,i62lb88
-.. c,,n1"-.. 0911U"'
Arapahoe Counly Open Space Parks and Trails Granl Applica~on
Page 19 of 26
South Suburban P.UKS OD t(ClUtlOH )Muary29, 200~
Mcml,c,,oflhc Board
Anpahoe County Open Spat< and Trail, AdVlsoty Boa,d
5ll4 South Prince Sll<Ct
Linlcu,o, Colon,do ~0166
RE: City of Englewood's grant application,
Oanmcuth and O•ford bridacs along the M,ry Cane, Ore,nw•y
l,adi,s ~ Gcntlem,n:
SoU1h Suburban is wntin1 this letter of support for Enal•woocl'• appllcauon for
2008 open space parks and trails monies. I undcmand the City is •pply1n1 for funds
to build two bridges along the Muy C111er Greenway.
The first bridse will be Just nonh of Oxford and has bcco oo the Jooa•range mas1tr
plan ,ioce the wly JUOs. This bndae Is Important due u, the safety cen«<M or
mixing golfers 111d Gmnw,y =. Cwr•atl;·. all users utilize one brid;c, wbich
wu rcally intended to be used ooJy by lhc pfin& pubbc. Golf carts and bikes really
doo't DWI well, and neither do the pedestrians ,-1,o wolk °' jog the Grtcnway South
Suburbau, rully cndoncs the grunt rnoniCJ tow...S. conswction of this bndae.
The second brida• will be M eas1-wes1 feeder from Englewood's Llnle Dry Creek
Trail. Currently u11J! users musl venture on10 Dtnm01.nh Avccue 10 Aeccss the
Ortcoway; this very busy strcCI 1w lots oflNCk activity. The bridae will en:ote
scp<mion between automobile,, INClcs, CIC and the n:maiion.al
bil:miluktrsl)oucnlsaollcnl rollabladers. South Suburbon urges Ar1lpohoc
County to suppon thiJ ""'"d bridge projctl as well
Sincerely,
~i.uoo /C,(J "L .
H Willwn Woodcock, ASI.A
Managa of Plann,nc/Consuuttiou ..... ,.
Arapahoe Coun·t Open Space, Parks and Trafts Gran! Application
Page20 ol26
---wu.._.. ..... ~Mtet~mn11 1 1:!Jltlllll t.)111 , ..... --·· ..... •
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CHERRY HILLS ~
VlUAGE
G REENWOOD VILLAGE
-,7·
CEN1 ENNIA L:' 1
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• 2 0 08 A r,1p dho e County Opeu Sp ,1ce, P,1rks, ,111d Tr,1i/s C ran / Applicdlion New Pedestr-i,1n .tnd Bicycle Bridge O ,·e,r the South Pl.Ute Rive r .it o,.ford A,·en ue Vicin i ty M,1p wi th Dri vi ng RuUl(J
L.EGE ND
-Dnv,ng Roule
-s.ouv-. Pl.Ina RNel'
c:J Al•~hoe ~ Bounct~ry
-MaJCf Hfvt1ways
Al1tlrllll •nd Coledor SUttts
f.lfltMry 2008
n,m ~A ... _. .. ...._st
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M,ln
• •
City of Englewood, Color•rlo 2008 Ar,,pahoe County Open Space, Parks, and Trails Cranl App/icauofl N~w P~~slri,,rr and BiQH"lt Bridge Over the South Platte Rit1er .it Oxford Avenue Street M•p ·trith Driving Route
LEGEND
--°"""""A-
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J•nu11,ry 2008
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• of Enp,. ood, Caior.,do ~Coun ~ Mod 11,cydp Bnd•• 0.,.., 5outh Pl•tt~ R;.~ ii 0 ,/c,,d A ,mu~ f•p
1S ISO ns
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CHERRY HILLS
VILLAGE
GREENWOOD VILLAGE
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CENTENNl,AL
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City of En gfpuftOd; C--olorJt:/o 2008 Aupal,oe County Op~n 5 /JdCC!', Park~ .1nd Tr.,ils C rant Appliciltion Ntttt Pcc/nrrian Jnd Rit)rlr Rril/J!,. O, e r tl,p Sou ti, Pl,Htt Rin•r ilf 0Jrtmouf/l "''etfUP
LEGEND
-°"""9-
-South Ptatle: R,w,
c:J A,1pattoe County Oounda•y
-Ma,o, tti9hwa-,s
Arlen.,! and ColKlof Sll'ttts
1.11nc,;u-y ?008
~0.11<~1,...-Ar~COlto•t~
()pff, SPKoltOl'ca
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ia~ ... ~S--r•°""ftdHJ...---1 '""'°•--Sr,,taF•~
T• ... • ._I-NINI tum M Dar1tnaull, °'"
Mal•• ltf'I-"" ~ 11 k fhl nltrlitU!Cffl
CE. SOul'IP'-11• Alllll!O' OM.),.,,, ~fl)r,, ltle ,.., .. r:rD,.9'Q
hnd• ~ ._ llkng-.,....._, el 1'1-to.a
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• • • City of Enslcwoo,J, ColurAdo 2008 Arap11hoe County Open Space, Parks, dnd Trails Cran/ Applica/jon New Ptdfflrian and Bicyc:I• 8rid1• Over lhe South Plalle Ri,•tr ttt D a.rtmoutl, Av~nu«' Stre,:t Map with Drivin1 Route
LEG END --°"'""'it ....
-P«N-.111~1,.,s
,-nu,uy 2006
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City of fngloivood, Colorado 2008 Arapahoe County Open Space, Parks, and Tr,,ils Crant Applica tion New P~destri;m .1nd Bicycle Bridge Over,,.. south Pl•tle River •' Dartmoud, Avenue Sile Plan and Topogrdpl,y M.1p
LEGEND
-Exfs&lng Pedestrianlllcyda T~• -Hew 8ttdve a,nd t,,. SeCIOns
-Top~Conlou,Unos
0 7S ISO 22S
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COUN CIL COMM UNI CATION Da te: October 6. ~008 I Agenda Item: 9 a II Initiated By: Ut,llllo!S Oepann,ent I Subject: Sou thga te Supplement ~ t 6 4 I Staff Source: Ste\\atl Ii. Fond.,. Orrector 01 'Jtil1tl es
COUNCIL COAL ANO PREVIOUS COUNCIL ACTION
None.
RECOMMENDED ACTION
The Water and Se\\ er Board, at its August t 1. 1008 meeting. recommended I. c ,,r ' appr01 al of a
8111 tor an Ordinance appr01 ,ng Southgate Supplemen t # t 64,
BACKGROUND, ANALYSIS, ANO ALTERNATIVE S IDENTIFIED
The City of Englewood prO\ides sf!\,age treatment to ap1iro~lma1ely 32,000 account, outside the
City throu~h contracts with numerous connL-Ctor districts. The area Is defined by the natural
drainage and e\lends south and east trom Broadway 10 the Vallei Higlm ,1y and from Hampden 10
Lincoln Avenue e~cluding Highlands Ranch. By contract the City 01 Ens)e\\OOd must appr01e an\'
add11ions of land 10 be se"~d by the d1s1ncts These are us ually in-1111 situMions that are within what
the City considers to be tl1e ,uea It has com,tllted to se" e. Adequate capacity has been provided
In the treatment plart 10 accommodate all such ttnure Inclusions. Annex,11 ion of this parcel of land
"Ill nrll Increase the tap ,1lloca11on of :he Southgate Sanitation Diwlct.
Before the proposed lnclus,on into the Southgate Sam1a11on Orstncl could be con,,dered, the
DRCOG se1Ver treatment serv ice are,1 map needed 10 be amended 10 rnllecl lhe l11cluslon.
DR COG re, II!\\ ed the request 101 consistency with the Cle,111 Water Pl,1n a11d ,1ppr01 ed. The
reques l for e xcil1Sion 1ro,,1 the Parker seivice area was approved hv DRCOG on Ouober 18, 1007
and 1hc1• apprO\ •d inclusion 01 the srte into the Llltleton;Engle,,ood se" Ice area on Jul\ I 5, 1008
A request ,-.is m,1de h, dw Southgate S,ln11a1lon 01slrrct represenl1ng the owner. Colony
Im es1111en1s, for In lus1on n1 Supplemenl # 16-1 consisting ol a pare el totaling 53. 5'1 acres 11110 the
Soulhg.,te S,1mta11on D,;tn~t tor residential and commerc1,1 I use. The property Is ~urren1ly ioned
rt>siden ti,11 ,1nd W'l single 1an11ly units are anticipated. The leftJI ~ auached as Exhihit ·...-. The
property 11 located b~i,,een 1-15 and\ osemite, ,outh of Li nrnln.
FINANCIAL IMPACT
None.
SANITARY SEWER DISTRICT BOUNDAR Y.
LE GEND:
a a S Ill D EXISTING SANl,.lRY SEl\EP 'STRICT BOUNDARY
PROPOSED SAN!" lRY SI DISTRICT 901,, ~
• SCALE: 1"•800'
e DRCYG ~1d0ffi.:n, kwl.<.,11.:111 tW ~ \kN,-h \'ut h>t· l:.d Pctmon.~cuf)
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111111 I IIIIIU [111111 II IIIIIIM II IS October 18, 2007
Mr. Jim Nikkel
Parker Water and Sanitahon Oisln ct
19801 East Mainstreet
Parker, Colorado 80138
Dear Mr. Nikkel:
Re: Parker Service Area Amendment
M.1 ,d Bod cnfrl.J, 1 ltl"-oUrt N»1 M ~ N Shlrt'f, lmmr,lu 1r I••~• Uwt /cn11 i(t1 Sch•uftk , lhccam r l'hr.-n,tr
The Denver Regional Council of Governments (ORCOG) wastewater utility plan review process
determines the consistency of wastewater utility plans with the Metro Vision Clean Water Plan
and Metro Vision Utility Plan Guidance. DRCOG-approved plans meet requirements of the
Colorado Department of Public Health and Environment stte approval regulation number 22
These plans contain a defined set of technical Information (location, slzlng, staging, service
area, process system, effluent quality, end financial arrangements) and respond to appropriate
state or federal requirements. Plans Implement the Metro V'ISlon 2020 Clean Water Plan,
support stte approval applications, provide baclcground and planning Information for the
petr.littlng process , and b m the basJs for a rewMng loan application.
The revised boundary of the Parker serAce area in the Ridgegate area was reviewed fo r
conslst,mcy with the Oean Water Plan. Based on the information in )'OUr letter of Ju1y 3, the
area in question would no longer be considered part of the Parker service area. We are working
with the Southgate Water end Sanitation District to shift the area to the service 1ree of the
Uttlelon/Englewood wastewater treatment facifity through Southgate. DRCOG 1.1clcnowfedges
this change in boundary end will update our copy of the Pa rker utility plan.
We should note that area west of Interstate 25 Is not currently within the Urban Growth
Boundary/Area of the City of LDne Tree or Douglas County. Therefore, ORCOG will consider
this part of Parker's CWP Planning Area rather than the Wastewater Utility Service Area.
ShoukJ either the city or the county revise their UGBIA. we would expect Parker to amend the
utiGty plan to add the UGB/A area to the WUSA.
DRCOG as the waler quality planrling agency rinds the service area adjustment consistent wilh
the ut lllty plan and the Metro Vision 2020 Clean Water Plan.
Sincerely,
<i~./ ~ (_;,. 1/A t c,.,
La G. MuglerACP
Pl ing Services Mana11er
l,1~11(11'._,: IIMI ,,,.,11htts, tbt q1111'11.J ,f bfr 1• tJMr l'f.1#14
,,,, CHU :11'1' CIUEI DRIVE SOUTH SU I J[ I ll Ot JIIV U CGto AADO 11241 • 1UI ru UJ •Ol.J H I fA I lu . .e u .uu
c: Mayor Jack O'Boyfe , Lone Tree DRCOG Board Represenlatlve Chuck Reid , Cherry Creek Basin Water Quality Authority Denn is Stowe , Liltleton/EngleWOOd Wastewater Treatment Plant Duane rmsley, Southgate Water and Sanitation District
Kent Kust er, Water Ouaflty Control Division
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July 15, 2008 Mr. Denn is Stowe Plant Manager JUL l 6 lUOB Littleton/Englewood Wastewater Treatment Plant 2900 S. Platte River Dr.
Englewood, CO 80110
Dear Mr. Stowe:
, •• •t,"\~11,.,, I ,I l\11r. .. 111 \a, t 1.,, ~•I ,~,I llf,lri.l '-.'C'Hl,tf ltn\T,t,~M". llf'.i .. m'f J .. s t,.no. In ,1'f1l,.11c-11., 1 I 1,,-r l•~n'l+IO \.l,1,11d. r \f'"+mr f'11ru1,1J
The Denver Reg ional Council of Governments {DR COG) wastewater utility pl . n review
process determines the consistency of wastewater utility plans with the Meire vision
Clean Water Plan and Metro Vision Utilily Plan Guidance. DRCOG-approved plans
meet requirements of th e Colorado Department of Public Health and Environment site
approval regulation number 22. These plans conta in a defined set of technical
Information (location, sizing, staging , service area , process system, effluent quality, and
financial arrangements) and respond lo appropriate state or fede ral requirements .
Plans Implement the Metro Vision 2020 Clean Water Plan, suppo rt site approv;;i!
applications, provide background and planning information for the permitting process,
and form the basis for a revolving loan application .
The revise<J boundary of the Englewood service area in the Ridgenat~ ~rea was
reviewed for consistency with the Clean Water Plan. Based on the ir. , r,• ,.,. In your
letter of May 9, the area in question is now considered pa rt of the Engle1,'()()'I ~ervice
area and no longer considered part of the Parker service area. DRCOG acknowledges
this change in boundary through action of the Water and Environment Planning
Committee and will update our copy of the Englewood utility plan .
DRCOG as the water quality planning agency finds the service area adjustment
co nsistent with t he u!:llty plan and the Matro Vision 2020 Clean Water Plan.
cc: Patricia Braden, Lone Tree DR',OG Board Representat•"e
Duane nnsley, Sou thgate Water and Sanitation District
Chuck Reid, Cherry Creek Basin Water Quality Authority
Jim Nikkel, Parker Water and Sanitation District
I r.i,.J'l,1/Jf. ,,,,,/ f'· •,,/11:r., 1/.,, ,,,..:.1,,, "} il1' ,,, , ;"up,,,
lltllAOAOWAT • $UII[ IOI • DUHR COlOUDO 11111 -sn, • Ill HI 45$ .... • FU Ill UO ,lltl
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• Boundaries
Service Area Boundaries
En..-,1--.__, ... __ _ ----------E-IT::SJ -
□-
UE WWTP WUSA -
Southgate
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ORllll\A'-CI \0 SFRI ES OF 201JS II\' \l I 'IORII Y A BILL FOR COUNCIi. BILL NO. 7l NI RODL CFD BY l'Ol \l'II ME~lnl·R AN ORrllK\\CF ,\PPRO\'ING SUPPi EMEN1 NO. 16-1 10 I llr SotJl'I IGATE
SAN ITATION DISTRICT CONNl:C"I OR'S AGRFEMn1n IOR 1111 INCLUSION OF
LAND wm11:-1 TIIE DISTRICT BOUNDAR IES .
1\111::REAS. 1hc l'ny ofl:11£k11cx,d provides sewa~c trcauneill to approximately 31.000
accounts out>idc 1hc Cit) 1hrough contracts II tth numerous connc~tor dmricts; and
\\'HLREAS. the Cit> of hnglc11 ood must npprll\ c nny add111011s of land IO be ser\'cd by
the disiricts hy contrac1; and
WHEREAS. odc-quatc capacll) has he-en pro,·ided m the trcaunc-nt plant to
necommoda 1c oil such future mclusions so anncxntil'n t•I 1h,s parcel ul' land will not
increase the mp allocauon of the Southtnte Sanuntion D1s1r1ct: and
WHEREAS. the DRCOG sc11cr !rcotmc111 service area map needed 10 be amcndt:d to
reflect the inc:lusion before the proposed mclusion into the South~a•c Sanitation J)ISlrict
could be con,1dcrcd. and 1hc req uest t,,r consistency wilh the CleJn Wale'!' Pion "'·"'
re\'ic'\\ed and oppro,ed; anJ
\\'1 IEREAS. the re-quest for cxclus,on Imm 1l1c Parker ,en 1cc 1vas nppron-d h)
DRCOG On Oclobcr 18. 2007 and 1hen .ppro,ed 1nc:lus1on oflhe SIie into 1hc
Li11lc1on Englewood scn•icc nrca on Ju ly 15. 2008: and
I\ 1 IEREAS. Colony hl\'CSlmcllls rcqucsu.-d mclusion of 53.59 acn,s 11110 the S.outhgatc
San,1n11on D,s1ric1 lt•r rcs1den11al nnd c11mmcrcinl use, which parcel 1s 1(1cai.~I bct11 cc11 1-25
and Yo,,cmitc, soulh of Lmcoln A,c:
WIIFREAS. smd anncxauon ofth1s parcel of land \\Ill 1101 mcreaM! 1he mp allocn110111<1
lhl! SoulhJ:!:1ll! Sm111a11on Dist net.
NOW, TIIERFFORE. BE 1T ORD/\INEU BY TIii l'I rY COUNCIL OF rllEl'ITY
01' ENt,I.E\\'OOD. COi.ORA DO. ,\S FOLLOWS:
~. The 1\grcc111cn1 hcl\\ccn the l'lly of En~lcwot>d and S.1uthµ1e Sonllnlll'n
IJ"trict en111lct1 ··Supplcme111 N,, 16-1, 10 ('onneclM'• Agreement", 11 luch includes 5).59
acres loc;ilcJ hc111c'Cn 1-25 and \'11..c,mte south of l.1oc,,tn ,\,c .• " hc'l'c-h) accc'Pted and
apprmctl hi lhc l·nglc\\o<xl l'ny l'ounc ,1. A cop)' or s:11d Agreement is aunchcd hereto as
"I thihll I" and 111eorp,>ra1<-d hctctn b) reference
Scc11on .?. The Ma)W and C11i t 'lcrk arc hcrt-h) authonA,1 LO s,gn and n11cs1.
rc,11<.'Clll'Ciy, 1hc snid Agrccmcm for anJ on behalf of 1he ('II) (\,uoctl and 1hc (.'II) 01
F11gle-,0<'<l. Colorado .
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Introduced. read m full. and p.isscd on firSI reading on lhc 6* da) flf Oc1obcr 100S. Publtsltcd as a \'.Jill foron Ordinance on 1hc C11y' < ollicrnl nc\\ ,paper on 1he 10th day flf Oc1obc:r, ~00S Published ns a Bill for an Ordinance on 1he Ci1y·s offocrnl website beginning on lhe 81h dn)' of <x1obcr. 2008 for 1hiny (30) dn)<.
ATTEST:
James K. Woodward. Mayor
Loucrishia A. Ellis, Ci1y Clerk
I. Loucnslua A. Ellis, Cily Clerk of 1hc Ci1y of Englewood, Colorado, hereby cenify that
1he above and foregoing is a tNC copy of a Bill for an Ordin.'IOCe. imrodueed. read in full.
and passed on fim reading on lhc 61b dO)' of October. 2008.
Loucrishia :\. Ellis
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' ' SUPPLEMENT NO. l..!!.::J.... TO CONNEC.. TOR'S AGREEMENT THIS AGREEMENT, made and enlered onto by and belween lhe CITY OF ENGLEWOOD, acling by and lhroogh Its duly IUlhonzed Ma)'Of and City Cieri<, hereinafter called lhe "Clly," and SOUTHGATE SANITATION DISTRICT, Arapahoe and Ooo•bs Counties. Colorado. hereinafter called lhe "District.• WITNESS ETH: WHEREAS, on lhe 20lh day of June, 1961, the Cily and lhe Oistnct eniereo nto en Agreement In which lhe Cly agreed IO ll■al sewage ~lnallng from •he Dislncl's sanitary sewer syslem wflhln Ille area seived by lhe Oislric:I, •httlc:11 Ag(eement wot mosl recenl!y renewed by Connectot• Agreement dated November to, 1988; and
WHEREAS, said ConneciOl's Agreement PltMdes lhal lhe dislrict may nol
enlarge Ill 11<1rvlc:e area wllhoUI lhe written consenl ol lhe Clly:
NOW, THEREFORE, In conslderallon of lhe mutual covenanll and
undertoklnga herein tel fotth, lhe partle1 agree •• followo:
1, The Clly hereby consents to lhe inclusion of certain additional area
locacec: '" • , .11:•1 Counly, Colorado. owned by Colony lnveatmonw ar,d more funy
descrlblli on E~nfbn A •ttnched herelo and lllCOrporaled herein by reference, Into
Southgale Sanitation District. The Cily egrees lhat said additional area may bo served wilh
lhe sewer facilHle1 of lhe Dlaltlct. and lhal lhe Clly wllJ lreat lhe sewage discharged lnlo lhe
Clly'1 lrunk line from aald addttlonal area, ell In ecoordance wtth lhe Connector's
Agreement dated November 18, 1988. Accordingly, Exhibit A referred to In Paragraph 1
of lhe Connector', Agreemenl dated November 16, 1988, Is hereby amended to Include
such additional area.
2 . Eaeh and every olher provision of lhe said Connector's Agreemenl
dated Novembe, 18, 1988, shall remain unchanged •
IN WITNESS WHEREOF, lhe part/.es have set their hands ar,d saals lhls __ day of __ , 200_.
ATTEST·
CITY CLERK
(SEAL)
. '·::>~.:r:::r:_:-··
• :' :Jo·-.. ..
, A ..... : ..... .
,, .. , ....
CITY OF ENGLEWOOD
Br.===-------MAYOR
SOUTHGATE SANITATION DISTRICT,
ARAPAHOE AND OOUGLAS COUNTIES,
COLORADO
• LE GAL DESCRIPTION NO. 1 EXHIBIT"A" raae 1 of2 L£GAL DESCRJPTION -DISlRICT SANITARY SEWER INCLUSION BOUNDARY
A PARCEi. OF I.AHO LOCATED Ill lliE HORTH HALF CF S£C11CJC 22, T0!IIIISIIP 6 SWl'k. RANCE 17 111ES1 CF
1HE 6llf Pfml<lP.11. MERONI, CITY CF LONE TRtl'.. C0l.lfTY CF OOOCUS, STATE CF CCl.lRAOO lla!E
PAAllCUUIIILY OESaa13ED >S fULOWS:
SENIIHCS FOR lllS !£CAL ~OH All£. BASED lJP(JI 1HE NORTH I.HE OF 1l£ NORTHYIEST CUN!lER CE
S£CllCl'I 22. TOllill5J1II 6 S0.,11<, IWIC( 117 WEST OF 1TH IWKPAI. M£MIAH 11H1CH WJ.S ASS1A1E1> TO BEN!
N0R1H S'26°U" 111ES1 NC> IS I00HIIMDmD BY A J-1/4' AL1MHW CAP STAI/PED LS 99J5 l'CIR 1lf;
NCIR1MWEST C0RNEll AHO BY A J-1/4" ALIJIIJNUM CN' STMlP£D LS 10945 FOR 11£ NORlll WAA1ER
CORNat;
-A.T THE NORTN CIUNl'lOI <XIRO£R CF SAID IOr1HWE:ST C1Wl1ER Of S£Cl1(N 22:
lltENCE SOU1H 4'"26'5.l" CJ.ST AI.OHG Tl£ NOIITN LIME a' 1HE IIClR1l£AST QJAlmJ! OF SAil SECllCtl 22 ,.
CISTANa: a' 2.ll4.17 FEET;
THENa: SOU1H oa;e•29• CJ.ST A DISTANC£ a' 59!.37 FEET;
nEMa: NOR1H 82"~'42" WEST J. DISTANa: a' 17.!19 FEET:
ntEMa: NOR'IH 69"49'0T WEST A DISTANa: CF 275.# FEET:
1l£Na: SOU1H 70'2Sl2" YEST A DIST~a: a' 201.99 f"lnl
THela: S0U1lf 29"11'23" IIIEST A DISTNfa: a' lSS.94 FEET:
THala: NOfllH IS"48'1T IIIEST A DISTNICE 'f 3119.17 Fm:
1l1Dla: NCR1H S0·4J'l2" WEST A OISTANl.t: OF 418.38 f'EET:
lHDla: SOJ1'N 80'18'06"' IIEST A DIST/JIil:: CE 471.59 f'EET:
lHDICE H<R1H 2l'll2'51" MST A DISTNfa: a' :zei.57 f.E[T:
lHOfC[ SOJlll ll'4T 48' YEST A DISTANCE c:F 191.55 FEET;
ll1DICE SOJlll 2S"l9'J!" WEST A DISTAHa: OF JOJ.53 FEET:
ll1DIC[ S0U1H 45"49'25" IIIEST A IISTAHa: OF 123&90 l'EEl;
ll1DltE S0U1H 41'02'22" IIIEST A DISTAHCX OF l21.G4 RET:
THela: S0U1H 65"55'5.l" IIEST A DISTNICE OF :;;.~10 Ftn:
'lllEJICE HOlffll M"13'45' lltST A IISTAHa: OF 1TL37 f'EE"I:
ll10ICE HOlffll 39"'2.3'43" WEST A DISTAHCC OF 264.55 f'EIT;
ll1ENCt NOR1H 63"27'011" WEST A OISTAHCC Of' 200.20 FEET:
LEGAL DESCRIPTION NO. 1 ~£GAL DESCRIPTION (CON'T) lHE!ICE ,~OfllH 3!"42'42" YltST A DISTANCE Of 121 .01 f£ET: lHENCE NOR1li or~·os· YltST A DISTANCE OF 124.17 FEET;
lHENCE NOillH 19'59'49" EAST A DISTANCE Of 130.92 FEIT;
1HENC£ NORTH 82°2◄"~9• EAST A DISTANCE OF 169.38 f'EET;
THENCE NOR1li ~!"4 [ 1~ · [AST A OISTANCE OF 20~.14 FEET:
THENCE HO'il k 22i5•~2• EAST A DISTANCE Of 132.9~ f£ET:
THEN~ ~OUTH 84°28'36" UST A DISTANCE Cf' 174.30 FEET;
THENC£ NORIH 45'01'15" f.A.ST A DISiANCE OF 28-4-82 FEET:
THEN CE NORlH 14·45•:a• , \ST A DISTANCE Of' 2111.75 FEET;
THENCE SOUIH 83'U~'45• t AST A DISTANCE Of 281.83 FEET;
THENCE NORlH 63"27~• EAST A DISTANCE Of 125.12 FEET;
EXHIBJT"A" Page 1 of2
THENCE NORlH 17"24'1~ EAST A DISTANCE Of' 201.32 FEET TD A PONT OH SAID HORTH UH£ Of' ll4E
HORTH'l6T CUAA'IER Of' SECTION 22:
THENCE SOUlH 89°26' 42" EAST ALONC SAJD NOR"JH UNE Of THE NOR"JH~ OUAAlER Of' SECTION 22 >.
DISTANCE Of" 254.76 F£ET TO 1HE POIIIT OF BEGIININC:
SAID PARca CONTAINS 53,59 ACRES, MORE OR LESS;
~ THQl(AS O. STAAB, A SURVEYOR
DO HEREBY CERTIFY 111AT THE
BY M£ OR UNDER MY DIRECT
1liOMAS 0. STAAB, P.LS. 25
FOR ANO ON BEHA!.f" OF CA , .., /0-G. 7---<::6': ' . , .
DAlE
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U\ \UTHORITY ORDINANCE NO SERJES OF 2008 Cu·. NCIL BILL NO 62 11\TROOUCFI> BY COUNCIL MEMBFR MOORE
AN ORDINANCE AMENDING TITLE 3. CHAPTER 4, OF TIIE ENGLEWOOD MUNICCPAL
CODE 2000, ENTITLED ·'CITY OF ENGLEWOOD NONEMERGENCY EMPLOYEE!i
RETIRl:MENT PLAN AND TRUST AS AMENDED AND REST A TED FFFECTIVE
JM'UARY I. 1999".
WHEREAS, City Council prc,iousl)' amended Title 1, Chapter 4 of the Englewood Municipal
Code 2000; and
WH EREAS, requirements by the lntcr,llll Revenue Service 10 maintain the qualified status of
the Plan.
NOW. THEREFORE. BE IT ORDAlNF.D BY TIIE CITY COUNCIL OF TH E CITY OF
ENG LEWOOD. COLORADO, AS FOLLOWS:
~-The Cuy Council of the City of Englewood, Colorado hercb) '":mizcs amendi ng
Tit le 3, Chapter 4. Section 6, Subsection S. oflhe Englewood Municipal Cooc moo 10 read as
follows. effective January I. 2002:
3-4-6-S: Req uired Distributio n of Rell rement Benefits.
Notwithstanding any other provision of 1his Plan, distribution of Benefits under this Plan shall
commence not later than April I of the calendar year followi~g the later of the calcndru-year m
which the Mc:mbcr anains age seventy and one-half (70 1/2) or the calcndnr year in which the
Member re1u1,,:,. Distri but ions shall be mode in a;cordance wilh the roouiremcms ofrtwlalions
under Code.Section 401CaX9) ns rmol1cablc to soxSIJYPCntal Plans iocludinv the minimum
incidental death hsnsfil rssuirqnqus .
~-The City Council of the City of Eng lewood. Colorado hcrehy aulhorizcs amending
Title 3, Chapter 4, Section 16, Subsection 3, of the Englewood Municipal Code 2000 shall~
deleted mus entirety and shall read as follows, elTecuvc January I. 2008 :
J-4-16-J: Annu el Be nefi t eud Co Ptrlbulie n t lmitt
The Plan incomo@UiLbx reference 1hs rcoYircmems of Code Scc1100 4 I 5 nod final rewlations
®emrctinR CPQ~· Sectiop 415, as aonllcnblc 10 !his sovcmms;ntol retirement olan Jbc cost:2f-
livinv UW3SC of Code SGGlioo 415@ shall SPntinuc.JQJpply 12 mcrcasc the dolJgr benefil..limll
of Code Section 41Slb) after the Mnnbtt's severance from employment The limnotion on
contributions of Code Section 415(c} shPII naolv to Member contribution, that arc mode to the
DROP ,ilCCOWlt RS described in Art icle Ya Section 9 d, The limitntion XS?( is the r,alepdarycac.
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~. The Cn>· Council o r the Cuy or Englc,-ood, Colorado hereby au1hon,.cs amendm~ Tnlc 3, Chapter 4, Scc11on I 7, Subscc11on 3, Subsc..:11ons B. I and C, of the Englewood Municipal Code 2000. to read as fo llows, effective January I, 2008: 3-4-17: Mlsctllaneoua Provisio ns. 3-4-17-3: Oi r eel Rollo,rrs A. General. This section applies 10 dis1nbu1ioll!' ,nadc on or aRer January l, 1993.
Notwnhstandmg any prov,s,oo or the plan 10th.: c ,imy that would othCIWl!e limit a
distributec's elcclion under this section, a distribu1cc may elect, a1 the time and in th,
manner pr..-...:nbed by the board, to have. any portion or an eligible rollover distribution
which ex :ee<l.s $200.00 paid directly to an ehgible retirement plan specified by the
distribute,, in a dITTJCI r,1llovcr. If a d1stributee's dtrcct rollover distnbuuon is less than
$500.00, th,, distribu1ee may only elect lo direct rollover I 00 percent of the eligible
rollover distr :butioo.
B. Dejinl1io11s:
l. Eligible Rollowir Distribution . An eligible rollover distribution is any distribution or
ell or any portion orthc balance to the credit or the distribu1ce, except that an
eligible rollover distribution docs not i~clude: any distribution lhat is one of ascrics
of substantially equal periodic payments (not less frequently than aMu.ally) made for
the life (or life expectancy) of the distributec or the join, lives (or joint life
expectancies) of the distribulce and the distributcc's designated bcneficiar/, or for a
specified period of ten year, or D>OJC; any distribution to the extent $11ch distribution
is required under Code Sce1ion 401(aX9); and the ponio~ .,f any distribution tlut is
not includablc in gross income (detennincd without rr~ard 10 lhe exclusion for net
uruealizcd app,ecia1ion with rcspcc1 to employer securities). J'or dilulhli1■1 n e r
.ri .. JnH"'" 1, ~oei , I, ... , .. ef lhl tliMPihlloa 1111II .. , fell le he I ■ lliclhle
Follo"'er 11111,lbwllOB menly beeHH lhe pol'fl a ■ oaHiiU ef 1R1r IH empleyee
P8 11ri11MIIOM wllltll 1ft HI l1ellldihl1 I■ tf'BII UIH•I 011 I IP1 IHh pAftilll
••, he p1hl •••, •• •-• iaai 'illu•~ retiP1me■t 1 na1.■f •• 1■.111.ify tle1ffi1Je.a I■
8eelio■ 408Eoj er {II ) of1111 Calle, er 18 1 ~IIAIIA,d deAud eealrlbwlio■ plH
d•eribd la See1l1 ■ ◄OIE■) er ◄Oa(1) If 111, Ce ◄e thl 1g,,u1 10 11p1Hte1,
IH8U■I ,., .......... INatfePTtfl, l ■tl•lli•& .,., ....... ,. 1u1Hf111 Mr U111
p ol'flH er IMeh dl1lrlbwllaa • ·hleh II laeldlble la f:NH IHOMI lad lhe pol'floe
er.well dill ribwlie ■ .. 111e111t "' se lntlwtlibl1, For dislribu\jops made after
Qpmbq 11 2007 I 99Jlioo ofa d11\ribution shall not WI lo be an s!imblc mlloxs
distribution mcrclv because the ooaioo con!\ists ofnfter·tax Emoloxes contributions
which arc not includibls in sross income Howsy" such oonion mav be transfcasxl
pply to IP io4ividYAI rctirpmcpt ;rccgugt QC 8DDYIIY descnbgi jg Srsion 408(a} or (b}
2'1hc Code or in a direct trustcs·t2:trustee transfer to a ou1hfir4 trust describqi m
SQr(tioo 401l@l of the Codc,,whlch i§ exsmnt from tnx under Section SOI Cal of the
~lde or so AP IDDYitY GPPlr¥J dMibed in Section 403(bl pf lhc Cod£ Provided
1~ruu or contrnct ornvides for KPPmtc accoun\ins for amounts so tmnsfcrrcd
land catninRs thereon) including senamtc nccountine for the PPrtion ofnuch
distributioo wtuch 1S 1pcludibls in gross income and the oortioo o(mb distribution
which is 09\ w mcludiblc
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E/1g1/>lr Rr:iremcm Plan . An eligib le rcurcment plnn ,s an individual re11remc111 nccounl descnbcd ,n Code Secnnn 4-0S(a ). an mdi,1dual re11rcrncn1 an11ui1y desc nbed m Code Secuon 108(b), and annui1y plan descn'bed ,n Code Section 403(a), or• quahtied 1rus1 described in Code Scc11on 40 1(a), 1ha1 ncccp1s the d1stribu1ee's eligible roll over distribution . However, m tbecasc ofan eligible rollo,er distnbu11on to the survh1ng spouse, an chgible retirement plan is an individual rcnrcment account or md1vtdual retirement annuuy. Effective January I. 2002. an eligtb'e retirement plan shall also mean an annuity conuact described in Code Section 403(b) nnd an eligible plan un der Code Section 457(b) which is maintained
by a stale, poliucal subdivision of a state. or agency or instrumentality of a slate or
pol meal subdi,,sion of a state and which agr= 10 separately account for amounts
transferred into such plan from this Pinn. The defmition of eligible retll'Ctnent plan
shall also apply in the case of a distribution to a surviving spouse, or to a spouse or
former spouse who is lbe alternate payee under a qualified domestic relation order,
as defined in Code Section 414(p).
3. Distributee. A distributee includes an employee or fonner employee. In addition, the
employee's or fonner employee's surviving spouse and the cm;,loyee's or fonncr
employee's spouse or former spouse who is the alternate payee under a qualified
domestic relations order, as defined in Code Section 414(.o). are distn'butees with
regard to the interest of the spouse or fonner spouse.
4. D1 f't!ct Rollo"'r. A direct rollover is a payment by the plan 10 one eligible retirement
plcn specified by the distributee .
S. lf'an·er of JO Day Notice f or Cashouts of $.5,000.00 ($3,500.00 Priorto J,.nunry I,
1998) or less. lfa dtstribuuon ts one to which Code Sections 401 (1)911 and 417 do
not apply, such distribution may commence less than thirty (30) days aft!>' the notice
required und er treasury regu lation Section 1.41 l(a)••I l(c), i~ given, provided that:
a. The Board clearly infonns the member that the member has a right le a period
of a1 least thirty (30) days after receiving the nonce to consider the decision of
whether or not to elect a distributio n (and, if npplicable, n particular
distributi on option). and
b. The men,ber, after receiving the nonce, affinnat,vcly clecu a distn'bulion
C. Distrlbutf Paw IRA a/Noa-roouse BcarOciary A Membeo· noo-soousc; Bcnsficiorv mox
elect 10 h.avs: aov oonioo ofan e1i 2ible Plan distribution paid in a direct LMlec-JR:trustce
transfer to no 1odividwl w1rETO£DJ accgun1 or noouitv described in ScctiAA 101 Cc\l8)(B}(i)
Q!,,(ii) of the Code 1hn1 iustab)jshcd 1° recem th• Plan djstribµ1jon on bcb.qt(of the
Jkne,ficiary for oumoscs oflhis Subsection C e trust mnintnio,xi for the benefi t ofouc or
more dsiwtcd bcpcficinrics max be the Bsusficiarv to the eJtent Pmv1dM in rules
RfSiSrihqi bx the Seccssvxoficesurv lf1bs Membq dis after thfi Merpbq;'1 CF9Uia;d
besinnins dote as,,,dcfined m Section 3:4:6-S hereof the rmuired minimum distribution in
the v®c of death max om be transferred aGGPrdios 10 this Subsection 3::4-17-JC The
q;guirsmeou of Cods Sec1i20 402Cc)Cl J' aooh to distribuliom µpdq thin Subsection
li.la.
~ Safely Clauses. The CII) Council hereby finds. delcrnunes, and declares 1ha1 1h1s • Ordinance 1s pmmulgn1cd under 1hc general poi,cc power of1hc C11y ofEnglewood. 1hn1 it 1s promulgnlcd for 1he health, safe1y, and welfare of 1hc public, and lhni this Ordinnncc is necessary for the preservation of health and safely and for the pm1ection of public convenience and welfare The Ci1y Council funhcr de1ennincs tha1 1hc Ordinance bears a rational rclauon 10 the proper legislative obJCCI sought to be obtained. ~ Severnbjljly. If any clause. sentence, paragraph, or pan of lhi~ Ordinance or 1hc application !hereof to any person or cin:ums1J111Ccs shall for any reason be adjudged by a coun or
competcnl Jurisdicuon invalid, such Judgment shall not affec1. 1miwir or invalidate the remainder
of this Ordmance or its application 10 other persons or circumstances.
~ lnconsjstcn1 Ord jnanccs. All other Ordinances or ponions thereof 1neonsis1cn1 or
conflicting \\ith this OrJinance or any pun ion hereof are hereby repealed to the extent of such
meons1stency or conOtct.
~ Effecl of repeal or modjfica1ion . The repeal or modification of any provision of
lhe Code of lhe City of Englewood by this Ordinance shall not release, extinguish, alter, modify.
or change in whole or m pan any penalty, forfeiture, or liabmty, either civil or criminal, which
•• " have been incWTed under such provision, and each provision shall be treated and held as
emaining in force for lhe purposes of sustaining any and all proper actions, suits,
proceedings. and prosecutions for the enforcement of the penalty. forfeiture, or liabili1y, as well
as for the purpose of sustaining any jl!dgrnent, de<;ree, or ord,;r whi~b ~ or may be rffld~.
entered. or made in such actions. suits, proceedings. or prosecutions.
~ fmiliy. The Penalty Provision of Seclion 1-4-1 EMC shall apply to each and
every violation of this Ordinance
Introduced. read m full, and passed on first reading on lhc 151h day of Sept,mber, 2008.
Published as a Bill for an (J ,inuncc in the City's official ncwspa1 or on the I 9• day of September,
2008 .
Pubhshcd as a Bill for an Ordmancc on the Cuy's official website beginning on the 11• day of
Sep1crnber. 2008 for 1hiny (30) days.
Read by title and passed on final re~ding on the 6th day of October. 2008.
Pubh1hed by lltle ,n the Ci1y's official newspaper as Ordinance No._. Series of2008. on
the I 0th day of Oc1ober, 2008.
James K. Woodward. Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
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I, Loucnslua A Elh , City Cieri: oflhc City of Engle"'ood, Colorado. hereby ccn,fy Iha, the above and forcgorng ,s a lnle copy of the Ordinance passed on final rcadmg and puhh hed by tule ns Ordinance o. _. Series of200:,. Loucrishia A Ellis
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BY AUTHORITY ORDINANCE NO. SERIES OF 2008 COUNCIL BILL NO. 63 INTRODUCED BY COUNCIL MEMBER MOORE
AN ORDINANCE ADOPTING AMENDMENTS TO mi; CITY OF ENGLEWOOD
m.EFIGHTERS PENSION PLAN DOCUMENT (THE PLAN).
WHEREAS, the C11y of Englewood (the "Employer") establi<hed the Cuy of Englewood
F1refigh1crs Pension Plan (the "Plani efTecuvc as amended and restAtcd Janu.ary I, 1999; and
WHEREAS, pursuan~ to Article XIII of the Plan, the Employer baa the authonly to amend
the Plan , to comply with Sta.le or Federal requirements and maintain the quolified lrlalu1 of the
Plan; and
WHEREAS, the City of Englewood deems ii advisable 10 amend the Plan 10 comply with •.he
tax law chanees and 10 provide uctive firefighters a death benefit.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNClL OF THE cn-v OF
e'NGLl::WOOD, COLORADO. AS FOLLOWS:
~~-City Council hereby adopts the follo1>.ng amcndmcms to the City
ofl!nglewoo,i cin·fighters Pension Plan effective January I, 2008, 10 read as
follows:
I. Restate Article Xl in its entirety 10 read as fohnws:
Anuuol RSiPcfit and Contribulion WmiLL
The Piao inoocromtes bv re(«eocc tbs rwuiceruents of Code Section 415 and final rcgµJatioos
intcmrcting Cooc Section 415 1$ PPPlicoble to tbis ooxemmsntai tsliremenl Plan The cost:Pfa
living increase of Code Section 41 Sld} shnll cominuc to noolv lo increase the dollnr bcncfil
limit of Code Section 4 l 5Cb} ofter the Pnnicioam ·s severance from emolovmcm The
limitation on r&ntribulions o[Cpde Ssction 115Cc} shall aoolv to Particioant contributions that
arc mndc to the PROP account. as described in Article Y Seclion B d Jbc limilntion vear is
tbs calendar year
2. Add two scntcxes 10 the end of Arhcle >.✓,Section 2.a. 10 read as follows:
EPr d1stnbu1ions · qade atls J2ss:s;rpbq 31 2ro:z a 000120 ofa d1stobuuoo sMII ®I f11l to be
on eHIDblc mJlovcr di~ributioo mcrclv muse the P80ion EPntists of a0m·tAx Emnlovcc
comributions whic~ @rs 001 includibl£ io WH income Howcm such oomon mpy be
tmnsfemt onlY iP onx individunl aaicement account or annuitv dsscribM in Section 408lal or
lbl of the cqe or in a direct truS1cc·10-1ru:nec trnnsfcr 10 a aualifir4 trust describedjn Section
~~1µt; which i, exempt from tax under Section 501Cal of the Cods or to an onnuitY
.wumr1 descriPcd in Section 49301) of the Cods Provided such trust or contract orovidcs foe
~.me accountins for nmoums so lmrufcatd lend enminss 1hersonl includioR seoorutc
~JI.WM!~ !or lb< poqjon u~~CWIUl1!!!11l!ll: l~s.Jllm'i.i!Jl~ ~rt1Qn <.>.UU((h distnbuuQDWlvc~ud1!21s. ). AJd Scc11on 3 1n Antclc X.V 1n read ns rollows: A Pan,cinant"s non~soouse Bencficiaa max elect to have anx 000100 ofao eh&iblc Piao distribution JWd in a ditect trustccafQ:lOlstee l@03[er l9 an indtvidunl rcttrcmmt occount or
a®Yi\x 4•ssrjbscUn..Scs1i20 40llcX&llQ){i) or W} 0(1hc Code 1ha1 is established 10 recejyc Jb•
~butioo OP bch.alfof1be Bcgcficiarv EPr PU[PQ§CS ofthlt Section 3 1 IMI
IIW.utained for the benefit of one or more desimoted bencfie1ans mav be the Bcneficiarv to
l-hu\lcnt orovided in rules 2rsccibcd bY tbc SccrctaIV ofJreasuD'. lf the P@aicinonL dW
atlWhc Panic1nam·1 rpquired be@ionios date as defined in Section 10 of An1dc Y the
~uircd minimum distdoution in the vw of death mav not be t@O$fmcd according to this
Sec1ion J The rcouircmrnts o(Codc Section 402 Cc)(J 1) ooolv to distributions under this
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Sect10112 . The following lll1lClldmcn1s 10 lhe Ciry or Englewood Firefigh1ers
Pension Plan effec1ivc January I, 2002, to rend as follows:
4. ~lctc 1hc paragraph immediately following Anicle V. Sccllon 8.m(6) !ha1 begins wilh !he
phra~e "Regardless orfonn orpaymenl" and add the fol lowing new Sec1ion 910 Anlclc V:
Section 9 Rmuircd Pistribuuoot
Distributions 1h1II tx; Olide in IS99JWYJSC WJth the reouiremmts of csRYIPUPm under Code
Sec1i20 401fRll2l as aPPhcablc to governmental Plans ipcludms the minimum incidrntal dsuh
bencfil requirements and the rcouired bcvioninG dntc rule The reouired bcsinpina date rule. is
that distribution of a Ppoicioan1 ·, benefil shall ttssin oo l@ter than the Anril I ronowinv the
later of the calendar xer in which the Ponicinanl attains PRE 70 » 2r tenniP?tes cmPlovment
»:ith lbs EmolOYCL
S. Amend 1hc Inst phm;c or Aniclc XlD 10 read as follows:
:mov1ded ho»evcr Lhnt Plan amcndmc;ots must sausfv tbs aoolicabls regu1IcrncntJ ofScqioa
Jl-30 s-210 ofthc colorndoReyiscd SJAIMJme&Wllii!• 1hc cgnsem orm lmuix1v-ws
rm:cnt (65,%} of 1bs Pa~
~-The Englewood Ci1y Cou ncil hereby ndop1s the follow, .g amendments 10 dcnth
bcncfi1 pmvis101l< of 1he CU)' or Englewood hrcfigh1crs Pension Plan, c1Tec1ive January I. 1008.
10 re.rd ns r.,11 •ws
Amc'lld 1he ~mning ph111sc <>€ 1he firs1 "-n1cn,•· nf An1clc Vil, Sec1im I. 10 read "l.(jj
Pamc,pant shill di,e .. ins1cad of"lf a retired pa11,c1pan1 who ,s receiving a Pension benefit
hereunder sholl die,"
2 Add 1hc folla,.,ng sen1cnccs 10 the end o ( Aniclc VII, Sc.:11on I :
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In ords 10 satisfv the infldsntal dAAth bcnsfit rcguirSDcntc: or fqtcral tu law the wm of the fo1Jowinc momhJv bene01 @Pl9YOts Paid ftom the PJan to a Particioant·s swyivors shall OPS exceed I OMe of the momhlv benefit bcios receive;I hv 1b, ParticiPAm from the Pl@n at the ti ms of the Particioam's death· Cal the monthlv death benrfit oa1d 10 a Panicioam '1 s11N1Yin2 soousc or deoeodent oarco1 or Parents accordin g to this Section Plus (b) the rnomhlv suniivor benefit CifaBYl Paid to tbs P@rticioanrs suOOvir;v spouse or BcncficioCY bx a ioim and suo'ixor benefit oot ion acconlins to Anicls YI Drn.wmllhlx death benefit Provided under this Section shall be reduced if nccessnrv to satis fv the orecedios sentence,
Scc1ion 3. The Mayor and City Cieri. arc authorized to sign and attest the Amendments 10 the
City of Englewood Firelighters Pension Plan Document.
Introduced, rc:od in full, and passed on first reading on the 15th day of September, 2008 .
Published as a Bill for an Onlinance in the C'ty's official newspaper on the 19• day of September,
2008.
Published as a Bill for an Ordinance on the Cily's official website begiMing on the 17th day of
September, 2008 for thirty (30) days.
Read by ti tle and passed on final readi ng on the 6th day of October, 2008.
Published by title in the City's official newspaper as Ordinance No._, Series of 2008, on
the I 0th day of October, 2008 .
James K. Woodward, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, Ci t, '.:Jerk of the City of Englewood, Colorado, hereby certify that the
above nnd foregoing is a true copy of 1he Ordinance passed on fina l reading nnd published by
title as Ordinance No._. Series of ~008.
Loucrisbia A. Ellis
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• ORDINANCE NO. SERIES OF 2008 OY AITTHORJTY COUNCIL BfLI, NO, 64 INTRODUCED BY COUNCIL MEMBER MOORE
AN ORDINANCE ADOPTING AMENDMENTS TO THE CITY OF ENGLEWOOD POLJCE
OFFICERS PENSION PLAN DOCUMENT (THE PLAN).
WHEREAS. the Caty of Englewood (the "Employer'1 established lhc City of-:nglcwood Pohce
Officers Pension Plan (the ·Planj efTecovc :is amended and restated January I. 1999: and
WHEREAS, punuant 10 Amclc XIO of the Plan, the Employer h1ls the authonty to amend thc
Plan to comply with State or Federal requirements and maintain the qualified status or the Plan;
and
WHEREAS, the City or f.nglewood deems ii advisable 10 ame nd the Plan 10 comply with the
tax low changes.
NOW, THEREFOR£, BE lT ORDAINED BY THE CITY COUNCIL 01' Tl-I L .:ITV OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
• ~-City C J11J1cil hereby adopts the following amendments to thc City
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or Englewood Polic, Officers Pension Pllln effective January I, 2008. 10 read as
follows:
I. Restate Article XI in its cnurety to read as follows:
Annuallknefit and CPmdbution Limns,
~ lncomoratcs bv rcfcrcncs ths rcouircments of Code Section 415 and final remllntions
~ Code S ;fon 415 u anolis-Abls to this sovemmenlal retirement olon Ths cost:Pf·
~n&rcase oCC-o~w Section 41Sldl sholl cominue to nooiv to increase the dol l?r benefit
limit of Code Section 415lbl after 1hs PAaici nant's severance fro1umolovment D1t
lµrntation on @mtibutinns of Cod; Seclfou 41 Stcl shall aoolx 10 PoniciP3nt coolributions that
w; mads 10 the PROP eccount. as describgt in Article Y Section 2 d The Umi1ation vcar is
Jhw\rn<J.ac year,
l. Add 1wo sentences to the end or Aniclc XV. Section 2.a. to read as follows
For djs1n°wi0os mpd• •Os Qssqnber 1 1 2002 • mi00 °C• djslribu11PJ1.sh.,n 091 (aill!!.11$
AD el,viblc rollover d1smbutmo roscclv bsua.lSe 1he oortioo com,st$ ofafiLt:JPA En12lovcs;
cootributioru which pre not iusludibls in R\ 'low;xer such oonion mav be
1rnosfen;e;I nolv to anv iodividual retiremr . .. witv daccibcd io Section 408lal or
Cbl of lhe Code or in A direst trustee-to-to, ~ . .w.. :..... . ➔ oualificd trust described in Section
ifil!al of the Code which is cxcmot from tax tmder ;v* , · o 501 (q) of the Code or to on annuitv
contract described in Sec1ion 403Cbl oftbc Code Provided such trust or contract orovides for
scnarntc accounting for omoums so 1rnnsfcrred{nnd S:tlWinvuh~tuding scoami;
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9bili
ac,1•u11u11i: t,,r the r ,.-n 11•n \II. ,u,h J1,1n~11t11'111 "lu,·h i, 111, lu,hhk m l:f\'" m«•mc anJ 1hc portmn c•f :-uch d1,trihtll1•l~l ,,h1~h J::> not '.'!l' 1nclmhblc AJ~!P.lll!UJl.lllt,.,Jl(>u~w.li..J.iln' 1111\Y clc.~e ,111U)Sl[l1Qa ur afl clu:1bkJ'ln11 •J ,,1ri\>u110DJWd IQ A .ll!~Ul\l_jl~-11vs1ci;JrJnsfet.W, a11..11Kfo;d11al.!l:IIWllSlll.ilWlWll..llr
llllll\!!.!,Ul~,ribrd.Jn.%1120 41••~CuJ wbtCo<1£.J!ll!w ~hed ~c,,e 1hc
Clim djs,abu1mD,,Qn.~ the Beneficma.,_1:1.lr purposes or ibis Stt11on J a 1rust
llliU!l!illl.~\i.hs;Dcfiurl'..on,u!L~10~~iJ:l!.1~cficJ!ltiwniU'..llsJ.bc D~li~JNY to
I.be mew pro,jdcd,Jn miss mA-rill!.'11.!>~™1~...IJJhll.l'~~
a Cler l®bnicipant's reouia;d begLnnin,11 d<ltcJ11definedJII.S.~f.All.1.k~ 1hc
r~JJUnlilll!lll dis\ribu1jon m 1hu•cru;l!Ulli1tl1Jllayno1 be 1mwJ:c~~dilllU.ll.lhii
Scc11on 3 J:h<:.mnJ~IHl,402 CclilD aI1lllx..lll,ll•smhy1joN unda.!tus
S.cm.J.
Sccuon 2. 11,c folio" mg amendments 10 the Ci1y or EnglewONl Pohce Officers
Pens,on Plan effcell\'e January I. 2002. 10 read as follows:
:!. Delete the paragraph 1mmedia1cly following An1clc V. Sccuon 9.m(6) 1ha1 bcgms w11h 1:1t
phrase "Regardless of fonn ,,r payment" llJ1d add the following ne,, Section IO 10 An,clc V
Sceuo.nJQ ..R~u:•d.D~tcilw1~
P1miby1jons shallt-c made 11111G,ord~"11itl1 1l!J.:IIWl[1rgwauons under.C,, ·,
scc~a.)!J!l ~Wl'licabls 10 goycgunen1alll.litru,,indudmg 1bs minimum incid~mt\l •J...ub
l!cndlU1:Ql!lmllml' and the 11'9Yiccd bwnrnQll da~Jne regyja;d t>s£1ooiu• <Jals rule i~
1ha1 ,hs1rjbu11°o of, r•ms1°•l1Umlefturuin b£•10 no Jiu"1J.lwl 1~£A0ol I rouowmg ib,
)Mer Qf 11W ca\endnr }'Cilf in whjch u,~Plll!ml\l Ulli!WS UJ:i; 70 k· or \cnninmcs cmpjQ)'Q}Cnl
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~ Amend 1he Ins, phrnsc or An,clc Xlll w read as follows:
"ot,,.1dcd howe,·~r. lll!Wl!WlC.l!Wlli'~I sau::.fr.,l)w w!IJ.caMc f£ll\W'.t'll~•'tl.W
~I-J0,,$-210 v(tlw Ci,mdQ.Revis.ed.S~ 1~..1:~j]ic ,1,ns;.i11 \If al.l_cas1 si~1Y-fiw
l)t'ro;cnU6~'•l ~f\bc e;mic.lJlilJUS
Sw111,n J, I he ~t11 ~1•r nnd C11y ('!erk arc autlttm1c,t 111 si~n n11d n11c,1 1hc Amcn<lmcnl ~ 111 the
t'II) or 1:.ngk\\ood l'ohcc Offoccr• i'ension l'lan nneumcnt
l111111duccd. rc,1d 111 full. nnd P·"''~I on Or,1 rc:id,11~ on 1hc I 51h dai ol Sq11e111hcr, 2011K.
Puhhsh<tl a," 8111 r,,r an OrJ111.1•.cc m 1hc Cu>'• nllicial nc""l"'J1•:ro111hc tQ' Jny ofS..111emlx.-r.
W•IK
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Pub lished os n Dill for on Ordinance ~n 1hr C'i1 y's official wehsi1c hc~11111111g on lhe 17th day of Scp1cmbcr, 200R for 1h1rty (30) days. Re.id by utlc and passed on final reading on the l\th day of October, 2008 . Pubhshtd by 111k in ihc C11r·s offic,al newspaper as OrdmanceNo. _. Scncs of 2008, on ihc 10th day orOc1obcr, 2008.
James K . Woodward, Mayor
ATTEST:
Loocrishia A E.lis. Cny Clerk
I, Loucrishia A. Ellis, Ci ty Clerk of the City or Englewood, Colorado, hereby cert ify that ihc
above and fo rego ing is a true copy or the Ordinance passed on final reading and published by
1itlc as Ordinance No. _, Series of2008 .
Loucrishia A Ellis
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COUNCIL COM.\I UNICATI O Dal e: Agenda Hem: Subject: Oc1ober 6, 1008 9 Ci Resolu1ion Approvmg 2009 Community Developmenl Block Granl Application lniliated By: Staff Source:
Community Development Depariment )Jnet l,rtmmet~ Housing Fi nance Specialist
COUNCIL GOAL ANO PREVIOU S COUNCIL ACTION
Housing ,ind Community Development
Previous Actlon:
City Counc I has app roved molutions to file Community Developmenl Block Granl (CDBG)
appllca lions almost annually since 1977. Participation in lhe Arapahoe Co unty en lil lemenl program
began in 1991 . Participation is authorized In lhree-year increments. Ordinance 13, Serles of 2006,
approved an Intergovernmental Agreement to participate in the Arapahoe County Community
Develop me nt Block Gra nl and HOME lnves1ment Partnership Programs for federa l ftscal yea~
2007 through 2009.
RECOMMENDED ACTION
Slaff recommends lhat C01.:icH approve a resolution aulhorizing staff to apply to Arapahoe County
for 1h e City or Englewood's portion or federal fisca l year 2009 Communiiy Deve lopment Block
Grant lCDBG) funds.
BACKG ROUND, ANALYSIS, AND ALTERNATIVES IDENTI FI ED
The U. S. Depl of Housing and Urban Developmenl (HUD) CDBG Enridement Program provides
gran ls to un lls of loca l government and urban cou n11 es t<, meel housing an.:l commurnty
development needs. The objective of the program is 10 enhance urban communities by providing:
• decen~ qfe, affordable housing;
• Improved Infrastructure,
• pubhc lacilitle, •nd services;
• economic opportunilics.
The Federal Program objeclives are achieved throupi, projects developed by local governments that
primarily benefit low and moderate lncc,me families as well as other federal objectives. The requesl
for funds may also include activllies that meet urgent development needs In communities such as
damage from flooding. tornadoes, Ore, etc. Local governments determine which activities best
s1>rve the obJectives of the p,ogram.
Fund, are appropriated annu,11,, b\ !he Congress r.:>r the CDBG progr,,m ,md are alloc,lled b1 sta tuto11 formula to each ent,tlemen t are. Arapahoe Counly Is apprm ed ,ts an urbon counly entil lemen t area. The CDBG grant fund, are cu rrent:) d1s tnbuted to pMt1t1pating cities ·.-1th1n Arapahoe County. E.ich partic1pat1ng cit) rt>Ce1Ves, set•a>1dt' portion of th~ total CDBG allocation The amount 01 each set-asi:le Is a :la t rate based a., each jurisd1ct1an's povrrl)• populauon. The cu rrent participating c1t1cs are th e Cmes 01 Engk ood l 1trle1on, Sheridan, Gltendale, Deer Trail, and Greenwood Village. ll,e lund,ng le,el for the of Eng)ewood for fY2009 1s anticlp,1ted 10 he S 150,000, the same as 11 has been for the p.1st 6 years,
The City of Englewood must submit an application no later than October 20, 2008 In order 10
receive its portion ol the 2009 CDBG funding from Arapah oe Counly. The applicat,on ,.,11 !,e fo1 a
total of$ l 50,000. Englewood's FY 2009 progr,,m consists of three projects, two of which were also
approved for FY2Qll8 CDBG iunds. These three project> continue to meet current housing and
neighborhood neeas benefiring low and moderate income families All prOfects are subject to
additional review by City staff, Arapaho.! County CD6G administrators, and County Commissioner~.
The listed projects and funding levels may change based on those reviews. FY2009 COBG funds
will be reques1ed for the followmg protects:
1) $65,000 for a neighborhc,><i revita!iza11on •paint-up/fb.-up· project designed 10
Improve the streetscape a ,earance of low-income ow11er-occupled resident ial
properties within the City;
2) S60,000 10 Install appro•lmatelv four blocks of sldew,llk ,n the northwest
Englewood area along the easl side of Soulh Zuni S1reel irom Wes! lvans sou1h
to Wesl Caspian Avenue;
3) S25,000 for d nin1h-year requesl to ass1s1 with staffing necJs ior the House of
Hope homeless sheller.
FINANCIAL IMPACT
Exisring Community Development ~laff will adMinlster t'•e proposed projects. Staff salaries and
benefits represent the City's par11 cipa11on ,n the pro1ec1,
LIST OF ATTACHMENTS
Proposed Resolution
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RESOUJrlON NO. SERIFS OF 2008 RESOLlJnON AUTIIORIZfNG THL CffY OF ENGLEWOOD, COLORADO, TO FILE A,"1 Af'PI.ICATION WJTII ARAPAIIOE COUNTY FOR A :!009 COMMUl\'IT\' DEVCLOPMENT llLOCKGRANT \l'IIERtAS, the Englewood Cuy Council bas approved CDBG apphc:iuons smcc I Q77 nnd
npprovcd the cxccuuon of an Intergovernmental Agreement with the pass:igc of Ordmancc No.
~7, Sen es of 199 I. covermg the Cny's participation m the Arapahoe County CDBG Enutlcmcnl
PrngJllm for funding ~,rs 1992 through 1994; and
WI I f!REAS, the Englewood Cuy Council approved pass!ge of Ordinance No. 13, Series of
2006, authorizing the execution of nn lntergovemmenlal Agreement between the City of
Englewood and Arupahoc County covering panic1pa1ion in the Arapahoe Couoty CDBG
En111lemen1 Prob'l'llm for funding years 2007 through 2009; and
WHEREAS, the Arapnhoc County Community Development Block Grant Program provides
grnnts 10 pnrticipnling municipalities 10 meet housing and community development needs; and
WI mREAS, to compete in the Arapahoo County Community Development Block Grant
Prob'fllm, local governments must subm11 an application; and
WHEREAS, the C1l)' of Englcw'K)(! has received n notice of fund availability; and
WHEREAS, the Cily of Englewood, Colorado, desires 10 apply for these funds through the
ArupaJ,oe County 2009 Commuru1y Developmcnl Block Gran110 fund the Homeowner Fix-Up
Project, the NW Eni:lcwood Sidewlllk Project Phase II, and House of Hope staffing projcct.
NOW, THEREFORE, BE ff RESOLVED BY TilECITY COUNCD.OFTHECffY OF
ENGLEWOOD, COLORADO, THAT:
~ The Cuy or Englewood, Colorado, is hereby autbonzod 10 file an apphca11on for
an Arapahoe County 2009 Commum1y Dcvclop111<.-01 Block GranL
~ The Mayor and City Clerk are authorized 10 sign and altcst all nc:cc:ssary forms.
documents, assumrt<:es and ccrtificauons for the Community Oevelopmc:nl Block Grant
apphcatlon for and on behalf oflhc City Council and the Cuy of £:nglewood.
AllOl''l liD AND APl'RUVU) lhis 61~ d .. ) of October. 2008 .
1\'l"l'EST: James K. Woodward, Mayor
I 011cnsl11a A Elhs. City Clerk
City of Englewood AGENDA ITEM 10 (a) PUBLIC HEARING ROSTER DATE: October 6 , 2008 Public Hearing to gather input on
Council Bill No. 65 , a proposed amendment to the Unifiod
Development Code establishing an exception to minimum lot
width and area requ irements for subdivision of properties in all
R-1 zone districts.
PLEASE PRINT
NAME ADDRESS
(
1'1 I For \!llll u1n~i deralit'll Co uncil Bill 65 LJI)(_ t\mendnwnh t'~t.ihlbhing ,1 Subdivi sion Excep ti o n for Minimum lot width & Minimum lot area require ments in R-1 dbtric ts
Submit li1r the record
Proof of Publica11on
Staff Report
Englcwoou Herald Sept I 9, .!OOli
COE website Sept 17 10 Oct 5, 2008
Mum Code Amcntlment afTecting all eligible R-1 propcr11cs aero~, nty
Not property spccilic
TF No property posting or maikd no1icc rc4uired
BACKGROUND:
H1s1or1c.1III . Zoning Orrlin,tnccs established minimum lot wichh ,md ICJI .u.-a 111 ,111 ,one-~
UL)( do.-s, loo
In R-I zones Based on:
Re l,11ive 101 si,e. R-1-A "l,ugc R-1-ll "111ccl i11111 R-1-C ",111,111 ".
• hislor ic l,md pl,111lng µ,11term
• commu111ly s1,111d,1rds
2 UDC regulations maintain these stand ards
16-11-4.D Lot Design .ind Spccific.1tio11s,
"The minimum dimen sion s of lots shall be in accor<lance to Chapl l'r 16-(,
EMC, ""Devel op me nt Standards"."
16-2-16.AS which 1>rohibil s varian ces to allow additio nal dwellin gs be ) o nd
the numb er permitt ed by lot width or lot area stand ards
o p,ircel 111.iy be rw,1 1ecl 1ha1 doe~ 1101 111ce1 lhe 111i11i111un1 lol widlh or lo l ,m•,1
sland,1rcb
No v,1ri,1nces
No relief melhocl for subd ivision properly 1h,1t 11'.1s ",1 l111ns1" big 1°1w11g 1
L,irgl!r properlies ,1 lw.1ys remain ,l) l.1rge propC'rlic•)
.I'll • j"' ~ 01 l•r 1he ye,m 1< / Inquiries form Prop owners lo s.ibdividc parcels into lols just ,h1 ot 111In11m1111 st,111cl.irds I p,1rticu lar Lase 200b reques t to subdivide Aug 2006 srum SESSION -(I/"-' directed staff allow subdivision within 5° o through ,1d111inistr,1111 l' pc ,lie\ r;/J' inclu~;t°licy in p roposed fu ture UDC ame:dments
Jan 2008 'f#{pplic,1 tion to subcjivide bas;? t .s?•f~l~'-l Jf!'° ~
~llJJul-ta:t~--
~ril 2008 ~~ecision to allow subdivision based on policy
May 200'10AA overt L1rne d th e CD d ecision t o proceed & subdivi:.icm w,h
no t approved
June 2008 P&Z st udy sess ion • p olicy ;n~:it s part of H ouse keepi ng
amendments I PM ~
June 2008 Coun ci~1dy session ?remov~Housekeeping -go .,~
separa t e ord.
Aug 19, 2008 P&Z pu blic hearing· publica l ion in Hef-tlld ,111d on Wl'i>
NO public attendei hearing 7 k jJJA
I'll PROPO I . /\pplit> 0111 , lo R-I d1,111t I prupt'rlIe~ Pr0\1d /~ii I mec.h,1111~111 lor "almu~I " big l'flm1gh pmf)L'l lt c~ Prmides opportunil)' · 11dd1t1onal i nW1niI re idenlt,1I propc·tlu •, 11 1 1h1 ° C 11\ .-.1ulti-unit district not ,1llect~d. ~ ;Un 1 o , anancEO,;wu;;;pre u1111. on~rt
ws up to 5% reduction in 10 1 width and /or lot area
Loi Wid 1h Sta nd ards ----Lo i Area St,111d,1rd ,
Curren t Proposed Curren l Propo se d
~
!5% reduc 1i o11) 15°: .. r_'.!!_u ti,
75 · ---il.25 ' 9.000 sf. 8,55 0 <I .
B &O , 57 .00 ' i 200 sf_ c,.IJ40 sf.
I R-1-C 50' 47 .50 ' b,000 sf. 'i)l)U,i.
published -web &. official paper
,
equires publi notice
post property and
so in t r st d parties ca n be aw;ire of th e proposed subdivision .
"' R quires PH by P&Z
opportunity for public inpu I in lh e approval proce s
ctdo intend d to saf guard neighborhood integrit .
Provides an appeal process .
Fir\l appeal is lo City Council.
f urlht•r avail,1ble through District ourt.
Prohibits, arian e l o lhe E ception,
C.111'1 vary S'h, or zone di~lricts
Prohibits ide ~ Iba k v;ir ian ces or adj ustments
sam distanc.e between sl ru tllf mi matter 10 1 size
7
)11 )
J
.I'll CD support s Proposed Amendment s Provides reli ef trom .i re~tricti\e lot 1,ichh .incl lot .irt•,1 ,1,111d,11d, 11!11•11 ~ubdi1 ichng proper!} Sti mulates new residential de velopme nt Im proves hou si ng stock with new structures, ~;;,., µ
Creates additional lani la nd-locked city
P · des smaller lots
mo re affo rd able properties _
ore opportuniti es for home ow nership in R-1 d~
~rov id es housing o ptions that may better f~cls11cluding s11 1.1llcr \Wtb,
~ro vide s ~~es -bu ilding permits . use and properl y ta xes,
. ~reve nt s '~igzag" prope rty lin es around e::istin g stru c tures just to n 1et'I tlw 0\ ~1inimum lo'1 width requi rement, by allow in g width or ,irea to he slightly ,111,1ll!'r
Supports goa ls and objective of Roadmap En glewood = Comp Plan
Promoting mix of housing opportunities serving needs of all current ,wd
fu ture Englewood~
Does all th is while prov idin g
_fe.,felief proces~ to rigid rot wid th and area stand.irds .J,~_e-'°' p,1,1;, ;,p"' ;, '"" ,.,;,r p,oc,ss
PROOF OF PUBLICATION
City of Englewood, Colorado
Official Website
VMM.englewoodgov .org
I, Loucrishia A Ellis, City Clerk, for the City of Englewood, do solemnly swear
that the attached leg al notice (Notice of Public Hearing October 6, 2008) was published
on the Official City of Englewood Website from September 17, 2008 t hrough October 5 ,
2008 .
State of Colorado
County of Arapahoe
ss
Subscribed and sworn to before me on this 61h day of October, 2008.
My Commission Expires : November 8. 2008
SEAL
CITY OF ENGLEWOOD NOTICE OF PUBLIC HEARING Octobor 6, 2008 at 7:30 r .m . Notice 11 hereby g iven that the City Councll of the City of Englewood, Colorado, has scheduled a Public Hearing at a Regular City Council Meeting on OCTOBER 6, 2008, at 7:30
p.m. in the City Councll Chambers of
Englewood Civic Center, 1000
Englewood Parkway, to gather input
on AN ORDINANCE AMENDING
TITLE 16, CHAPTER 8, SECTION 4 ,
OF THE ENGLEWOOD MUNICIPAL
CODE 2000, ESTABLISHING AN
EXCEPTION TO THE MINIMUM LOT
WIDTH ANO AREA REQUIREMENTS
FOR SUBDIVISION OF PROPERTIES
IN ALL R-1 ZONE DISTRICTS.
(Councll BIii No. 65)
All Interested parties may express
opinion• I n person at th• Public
HHrlng or In writing to be received
by the City Clerk by 5:00 p.m. on
October 6, 2008. Anyone wishing to
speak at the Public Hearing may call
the City Clerk's Office, 303.782.2405
or 303.762.2407 to schedule their
presentation or a sign-up sheet will
be available at the door.
By order of the Englowood City
Council.
Loucrishia A. Ellis, MMC
City Clerk
City of Englewood
1000 Englewood Parkway
Englewood, Colorado 80110
PUBLISHED: September 17, 2008
Official Website of the
City of Engiowood, Colorado
I, Loucrishia A Ellis. City Clerk, for the Clly of EnglewOOd, do solemnly swear thal the atlached legal notice (Notice of Public Hearing October 6, 200a) was published m the EnglewOOd Herald on
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Lou Ellis From: Nancy Fntz Stnl: Monday, Oclober 06 . 2008 3 45 PM To: Gary Sears, Frank Gryglew,cz; Leigh Ann Hoffhines. Lou Elhs; Jennifer Nolan Subject : C B. 57, Se ries of 2008. Fixing Tax Levy Mills The above hsled Ordinance has been pulled from lhe Oclober 6, 2008 Agenda by Frank and ,1 Is anllclpated lo be
placed on lhe October 20th Agenda .
NNR/n f
101612008
Lou Ellis From: Sent: To: Subject: Attach ments : II AR-MSSON_200810
U6_ 161520.pdl ( •
FYI •••
Lou Ellis Monday, October 06, 2008 4 15 PM Fran k Gryglewlcz FW Englewood legal AR-M550N_20081006_ 161520 pd!
---• -Original Meoaage• • --•
Froa: Lou Ellis
Sent: Monday, October 06, 2008 4 , 14 PM
To: 'Lynette c oloor1': 'Erin Addenbrooke'
Subject: Englewood legal
Lynette/ET in,
This is the (lat p age) of the legal we pulled. I thought oeeing it might help .
Again, I know this has been a difficult day, and I appreciate your w1llingneos to try to
pull it.
Lou
\...,
ORDINANCE NO. __ SERIES OF 2008
CITY OF ENGLEWOOD LEGAL NOTICE BY Al11HORJTY COUNCil.. BILL NO. 57 INTRODUCED BY COUNCIL MEMBER ____ _
ABilLFOR
AN ORDINANCE FIXING nm TAX LEVY IN MU.LS UPON EACH DOLLAR OP nm
ASSESSED VALUATION 01' ALL T AXABl.Jl PROPERTY WfllUN THB CITY OF
ENGLEWOOD, COLORADO.
WHERRAS, it is the duty of tho City CoW1ciJ of the City of En;lcwood, Colorodo, under the
Englewood Home Rulo Charter and Colorodo Revised Statutes, 10 make tho Wlllual property levy
for City pu:posc,; m:I
WHER.BAS, the City Council bas duly coo,!dcred tho ulimated valuation of all tho iuablo
p:openy within the City and the needs of th• City of uch of ,·~d levies and hos dotcnnincd
lhat the levies u hadn&ftct set forth. ""'p,op<:r m:I
NOW, 1HBRl!FORE, BE IT 0
ENGLEWOOD,COLORADO,ASF
$~. Tlw there be
by statute in the year 2009, a o
lloglewood, Cc!orodo, and I .9 7
oflhe City of &glcwood, Col
Tont the levy hcrcinabove set £
all taxable pn,peny within the
levy sbaU be ce:tilicd by law.
· cle X, Section 20 of tho Colorado
cd for the year of 2008, due illld payable u RqUired
on tho dollar for tho General Fund of tho City of
lhednllarforthe~•~~
Published u a BiU for Ill Ordinance in the City's officlal newspaper an tho 10• da.' ofOclober,
2008.
Published u a Bill for an Ordinance on the City's official website beginning on the 8th day of
October, 2008 for thirty (30) days.
/sl .1Ames K. Woodwari!
AlTEST: I lRmCS K. Woodward, Mayor
/1/ l.oucrishia A. Ellis
Loutrishi• A. 8llis, City Clerk
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C.OUNCIL COMMUN ICATI ON Da t e: Age nd a Item: Subjecl: Oc1ober 6, 2008 11 3 I BIii For An Ordinance Establishing 1he 2008 Mill Levy Collected ,n 2009 Ini tia ted By: I Staff Source:
Depa rtment of Finance and AdminiS1ra1ive Services frank Gryglewlcz, Direct or
COUNCI L GOAL AND PREVIOUS CQUNCI L ACTI ON
Chy Council held a Goa ls Workshop on January 28, 2008 and discusse d goals at th e June 2, 2008
and July 28, 2008 study sessions. On Augus l 18, City staff presen ted a 2009 Budget update 10
Council and proposed Capital Improvements Projects for 2009 were presented on August 25,
2008. City Council received a 2009 Proposed Budget on SepIember 5, 2008. A public hearing
re garding the proposed 2009 Budge1 was held on September 15, 2008. The opera ting bu dgets and
Multiple Year Capi tal Plan for all City deparlmen ts and funds was reviewed at a budge t reIreal hel d
on September 20, 2008. Council flnalized budget discussions at the study session held on
Sep1ember 29, 2008 .
RECOMMENDED ACTION
Staff recommends Council approve this bill for an ordinance establishing the 2008 mill levy to be
collected in 2009.
BACKGROU ND, ANALYSI S, AND ALTERNATI VES IDENTIFIED
The City of Englewood assesses property tax for 1he general operations of the government and for
lhe Community Cen1er Debi Service Fund. TABOR restricts the City from raising the m,11 levy
without a vote o( 1he citizens. This year's Gener al Fund mill levy Is unchanged from 2007 (5.880
mills). The 2006 lcvy is certified to Arapahoe County by December 15, 2008 for co ll ection in 2009
FINANO AL IMPACT
Based on !he assessed valuation for the City of Englewood as cer1ifled by Ihe Arapahoe County
Assessor, 1he cstlma1ed nel assessed value of a II prope rties In Englewood for 2008 Is $510,609,610
compared to $51 1,624,330 for 2007. The 2008 mill for General Fund operations is 5.680 mills and
1.9 47 mills for Ihe Community Center Debt Service fund. The I0Ial mill l evy is 7.827 for 2006
collected in 2009. The total amount budge1ed for the General Fund is $2,952,000 (net of
uncollectibles, aba1ements, etc.). The amount budge1ed fo r lhe General Obligation Bonds Debt
Service Fu nd is $990,000 (neI of uncollec1ibles, aha temen Is, etc.) .
A homeowner '"'ha S200,000 dollar home ,n Englewood would pay the /ollo\\1ng to lhe Coty 0 1 • Englewood : Market Value Assessment Ratio Assessed Value General Operations M,:l levy Taxes Paid For General Fund Operations
Market Value
Assessment Rado
Assessed Value
Communitv Center Bond Fund Mill Levy
Taxes Paid For General Obligation Bonds
Market Value
Assessment Ratio
Assessed Value
Total MIii Levy
Total Taxes Paid To City Of Englewood
LIST OF ATTACHMENTS
Proposed BIii /or an Ordinance
SW0,000 7.96% SlS,920 5.880 $93.61
$200,000
7.96%
$15,920
1.947
S31 .00
$200,000
7.96%
$15,920
7.827
$124.61
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ORDINANCI:: NO. SERrES OF 2008 BY AlJfltORJTY COUNCIL BILI NO. 57 INTRODUCED DY COUNCIL MEMBER ____ _ A BILL FOR
AN ORDINANCE FIXING THETA..'< LEVY IN MILLS UPON EACH DOLLAR OFTIIE
ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN TIIE CITY OF
ENGLEWOOD, COLORADO.
WHEREAS, it is the duty of the Cit)' Council of the City of F.nglcwood, Colorado, under the
Englewood Home Rule Charter and Colorado Revised Statutes, to make the oMual propeny IC\'Y
for City purposes; and
WHEREAS, the City Council ha, d11ly considered the estimated valuation of oll the taxable
property within the City and the oeeds of the City and of each of said IC\-iCS and bas determined
that the levies os hereinafter set forth, a:rc proper and wise; and
WHEREAS, the following levies arc penniued under Article X, Section 20 of the Colorado
Constitution without a vote by the citiu:ns;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
~-That then, be and hereby is levied for the year of 2008, due and payable as rcquiml
by statute in the year 2009, a tax of 5.880 mills on the dollar for the Gener~! Fund of the City of
Englewood, Colorado, Md 1.947 mills on the dollar for the Community Center Debt Service Fund
of the City of Englewood, Colorado.
That the levy hercinabove set forth ,hall be leviL-d upon each dollar of the osscsscd valuation of
all taxable property within the corporate limi ts of the City of Englewood, Colorado, and the said
levy shall be ccnified by law.
Introduced, rc.1d in full and passed on first reuding on the 6th day of October, 2008.
Published ns a Bill for an Ordinance m the City's official newspaper on the 10• day of October,
2008 .
Published as a Bill for ltn Ordinance on the City's official wchsitc beginning on the 81h day of
October. 2008 for thirty (30) days.
Jnmes K. Woodward, Mayor
ATfEST:
Loucnshio A Ellis. Ci1y Clerk
I, Loucnshrn A. Ellis, Coty Clerk of the Caty of Englewood, Colorado, hereby ccnafy that the above nnd foregoing is a true copy ofa Bill for an Ordinance. mtroduced, read in full, and passed on firs1 reading on the 6th day of October, 2008. Loucrishia A. Ellis •
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COUNCIL COMMUN ICATION Date: Agenda Item: Subject: October 6, 2008 11 a ii Bill for An Ordmance Adoplifl~ the Buc!Ael For Fisca l Year 2009
Initiated By: I Staff Sou rce:
Depar1ment Of Finance and Admin,strat1Ve Services Frank Gryglewicz, Dir~tor
COUNCIL GOAi AND PREVI OUS COUNCIL ACTION
City Council held a Goals Workshop on January 28, 2008 and discussed goals at the June 2, 2008
and July 28, 2008 study sessions. On August 18, City staff presented a 2009 Budgel update 10
Council and proposed Capital lmprovemenls Projects for 2009 were presen1ed on August 25,
2008. Cily Council received a 2009 Proposed Budgel on Seplember 5, 2006. A public hearing
regarding 1h e proposed 2009 Budge, was held on Seplember 15, 2008. The opcra ling budgets and
Mulliple Year Capital Plan for all Clly departments and funds was reviewed at a budgel retreat held
on September 20, 2008. Council and staff met on September 29 lo finallie th@ budget.
RECOMMENDED ACTION
Staff recommends Council approve the proposed bill for an ordinance adoptmg the 2009 budgel
for lhe City o' Englewood.
BACKGROUN D, ANALYSIS, AND ALTE RNATIVES IDE NTI FIED
The Charte r of the Cily of Englewood require, the Cil)• Council lo adopl the nexl year's Budget and
Appropria1ion Ordinances no laler tha11 1hlr1y days prior lo lhe firs I day of 1h e nexl fiscal year.
Included in the budge! are es1ima1ed ren1 revenues of $513,035 from Mclellan Reservoir lenants.
These fur>ds are used 10 fund a parks supervisor posilion ($85,000), and lhe remainder lo thP Long
Term Asse1 Reserve ($428,035). Addlllonal revenues id enlified by 1he Parks and Recrealior,
Departmen1 and lhe Municipal Court lolal S"0,000; these funds will increase 1he General Fund
unreserved/undesigna1ed fund balance. Additional savings in 1he PIF 101al S229,000; of 1hese
funds, S 165,000 will fund 1he 1hlrd year of the Streels Projecl and 1he remamder to 1he PIF fund
balance
M<Lellan revenues will con1in11 e 10 be ,1ccoun1ed for on 1he General Fund, with a porllon going for
approved opera1ions and 1he remaining use of funds 10 be delermined by Cily Council.
FINANC IAL IMPACT
LIST OF ATTA CHMENTS t'roposed Bill tor an Ordmance
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IW Alfi IIORITY llRDIJ\A~t'E '1:0 <;l•Rll,S ()~ :1wis COUNCIL BILL NO 61 INTRODUCED a,· rou:-irn MEMBER ____ _ A BILL FOR
AN OIU>INANCE AIXlPTINO THE BUDGET OF Tl IE CITY OF ENGLEWOOD.
COLORADO, FOR THE FISCAL YEAR 2009.
WHEREAS, pursuan1101he pm\'1s1ons of Part I, Article X, of1he Chancrof1he Cny of
1:.n;lcwood. Colorado, a budget for the fiscal year 2009 was duly submiued by 1he City Manager 10
1he City Council before Scp1embcr 15, 2008: nnd
WHEREAS, a public he.iring on said budge! was held by the Cily Counci l within three weeks
after Its submission al lhc m~c11ng of 1he Cny Council on September I 5, 2008. Regular no1icc of
the time and pince of snid hearing was published wilhin seven days after submission of lbc budget
in 1hc manner provided III lhc Charter for the publie,•tion of an ordinance: and
WHEREAS, the City Counci l of the City of Englewood has studied and discussed the budget on
numerous occasions; and
WHEREAS. it is the intcm of th e City Council to adopt th~ 2009 budget as now submitted.
NOW, TIIEREFOR£, BE rr ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO AS FOLLOWS:
~-·11ia1 the budget nf the City of Englewood. Colorado. for tbe fiscal year 2009, as
submitted by 1h~ Cuy Manager and duly considered by 1hc Ci1y Council after pubhc hearing. be
and hereby 1s adopted as the budgci for the Cny of Englewood for the fiscal year 2009.
~. OENl'RAI. FUND
Toial Fund Bal:mcc. January I, lOI,~
Saks/Use Tu
Property and Specific Owncrslup Tax
Franchisc/Occupn11on/Cig.1rcuc Tax
L,ccnsc/l'crmits
ln1ergovcmmcn1al Revenue
Charges for Services
Cullum! & Rccrca1ion
Fines & Forfci1urcs
l11tcrcs1
M lsccllanoous
l
2009BUOGFT
S I 0,362,859
Revenues
23.632,SGO
3,343,000
2.879,564
576,907
991.448
3,058.177
2,334,265
l,584J49
372,6 11
277 900
101al Re, <:nU<!> Other F man.:m11 oun:c fot I urces of Fund, lctr1slatton Cu~ Manager' Office
City Anomc)' Office
Muruc1pal Coun
lluman Resources
Finance and Adm1111stra11ve Services
lnfonnation Tcchnolo~ry
Communi1y Dcvclopmenl
Pubhc Works
Police
Fire
Librnry Services
Porks and Rccretni on Services
Conungcncics
Debi Service
Total Uses of Funds
To1ol Fund Oalance, December 31, 2009
~ PECIAL Rl:VE UE FU DS
CpnSC[\i'ljon ·rru l Fund
Fund Ouluncc, January I, 2009
Revcnu
8cpcnd11 urcs
Fund Oalnncc, Oo:cmhcr 31, 2009
rommunnv Uc,c!oomcn1 Fund
Fund ll !once, Jnnuary I. 2009
Rc,enuc
hp<.'fldnurcs
Fund Balance, Dcc1."n1bcr 31, 2009
2
39,050,711 • _....1lli.1J.1 S 40.531 .4,, E~pcndnure,, 111. 53 707.145
799,937
1.026,917
560, 98
1,764,772
1,448,147
1,639,615
5,523.010
10,538,437
7,487,169
1,39 .sss
6,117,00
60,000
1,92J,6si
S 41,445,148
s 9,450,149 •
s 340.241
s 375,000
s 464.500
250,741
s .().
.s 290,000
290.000
$ .().
•
• Donors !'.l!lli! Fund BalJnct, JanuQ!) I, 1009 s 183,057 Revenues s 104,600 Expc11d11urcs s 255,782 Fund Balnncc, Dc-ccmbcr 31. 2009 s 31,875 MallcyCcntcrTrust Fund
Fund Balance. January I, 2009 s 252,087
Revenues s 20,000
Expendnurcs s so.ooo
Fund Balance, December 31, 2009 s 222,087
Pa rks ~a!l Bccreatioo Irus1 Eund
Fund Balance, January I, 2009 s 435,641
Revenues s 25,000
Expenditures $ 30,000
Fund Balance, December 31, 2009 s 430,641
Open Space fund • Fund Balance, January I, 2009 $ 239,679
Revenues s 758,000
Expenditures $ 946,955
Fund Balance, December 31, 2009 s SO.n4
~ DEBT SERVICE FUNDS
General Obligation Bond Fund
Fund Balance, January I, 2009 s 140,402
Revenues s 995,000
Expenditures s l,1 I0,320
Fund Balance, December 31, 2009 s 25,082
~ CAPITAi. PROJECT FUNDS
Public Improvement Fund
Fund Balance. January I, 2009 s 286,688
Revenues s 2,098,000
Expenditures and Transfers s 1.932,052
Fund Balance. December 31. 2009 s 452.636
•
rn21tal ~[l!l!i!.1~ l'uid • Fund Balance, January I, W09 s 420,83(1 Revenues and Trnnsfcrs 1,. ~ ~5-1.370 bp<.-ndnurc. s m.200 Fund ll,1lnncc, Dccemlx.-r 31, 2009 s 150,000 ~ ENTERJ'RISE FUNDS
Wa1crFund
Fund Balance, Jan114ry I. 2009 $ 2.973.635
Revenues S 10,045,406
Expenditures s 9,578,115
Fund Ba In nee, December 3 1, 2009 s 3,440,926
Sewer Fund
Fund Balance, January I, 2009 s 5,953,984
Revenue, S 13.487,619
Expenditures S 15,231,645
Fund Bnlance, December 31, 2009 s 4,209,868
Sl2W1 ll[llianas Ewnd • Fund Balance, January I, 2009 $ 862.203
Revenues s 358,724
Expenditures s 346.154
Fund Bolnncc, December 31, 2009 $ 874,773
Golf Course Fund
Fund Balonec, January I, 2009 s 515.285
Revenues s 2.252.596
Elcpcnd1twcs $ 2,096,470
Fund Bolance, Occcmber 31, 2009 s 671,411
~-2~wc l.11ili1x Fund
Fund Balance. January I. :?009 s 346,342
Revenues s 771.200
Expenditures $ 720,095
Fund Bnlanec, December 31, 2009 $ 397,447
I 12u1i11~ Bd1nl!ili1n1i2n 1'11nrl
Fund Balance, Jnnunry I, 2009 s 73 I ,223
Revenues s 1,343,937
llxpend11urcs $ 1,752.240 • Fund Balance, December 31, 2009 $ 322.920
4
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Src1ion 7. INTERNAL SERVln FUNDS Ccntml Services fund Fund Balance, January I. 2009 s 147,287 Revenues s 386.400 Expenditures s 456,389
Fund Balance. December 31, 2009 $ 77,298
Scrviccn1er Fund
Fund Balance, January I, 2009 $ 427,271
Revenues $ 2,215,901
Expcnd11ures $ 2,321,815
Fund Balance, December 31, 2009 s 321,357
Capital f;guinmm1 Rmlacm1£111 Eund
Fund Balance. January I. 2009 s 1,124,282
Revenues s 751,229
Expendi1ures s 1,637,164
Fund Balance, £>«ember 31, 2009 s 238,347
Risk Management Fund
Fund Balance, January I, 2009 s 1,001,996
Revenues s 1,330,407
Expcndilures s 1,232,688
Fund Balance. December 31 , 2009 s 1,099.715
Employee BeneG1s Fund
Fund Balance, January I. 2009 $ 614,701
Revenues s S,345,923
Expenditures s 5,799,265
Fund Balance, Dc'Cember 3 I, 2009 s 161,359
~-That the sn1d budget shall be a public rcco;\! :n the office of the City Clerk and shall
be open to pub lic inspection. Sufficie nt copies thereof sha ,I oc made available for the use of the
City Council and the public, the number of copies to be dc1ennincd by the City Manager.
Introduced, read in full, and passed on first reading on the 6th d11y of October, 2008 .
Publish<:d as o Bill for an Ordinance in the City's official newspaper on the 10• day of October,
2008 .
5
Published as 3 Bill for an Ord,ooncc on the CU) ·s official website beginmng on the 81h da) nf Oc10bcr. 200& for 1h1n) (30) days James K. Woodward. Ma)'Or ATTEST:
Loucrishia A. l'llis. Cuy Clerk
I, Loucrishia A, Ellis. City Clerk of the City of Englewood, Colorado, hereby ccnify 1ha1 the
above 1111d forc1,-oing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on
first reading on the 6th dny of October, 2008.
Loucrishia A. Ellis
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• COUNCIL COM MU NICATION Date: Agenda 11 cm: Subject: October 6, WOO 11 a Ill Bill For An Ordinance Appropnat1ng Funds For Ftscal Year !009 Initialed By:
Department of Finance and Adn11n1strat1ve Services I Staff Source:
Frank Gryglew1cz, Direc tor
COUNC IL GOAL AN O PREVIOUS COUNCIL ACTION
Cily Council held a Goals WOfkshop on January 28, 2008 and discussed goals at the June 2, 2008
and July 28, 2008 study sessions. On August 18, City staff presented a 2009 Budget update to
Counci l and proposed Capita l Improvements Projects for 2009 were presen ted on August 25,
~008. C11y Council received a 2009 Proposed Budget on September 5, 2008. A public hearing
regarding the proposed 2009 Budget was held on September 15, 2008. The operating budgets and
Multipl e Year Capital Plan for all Clly departments and funds was reviewed at a bud ge t retreat held
on September 20, 2008. Council and staff met on September 29 at a study session to finalize the
budget
• RECOMMENDED ACTI ON
•
Staff recommends Council approve the proposed bill for an ordinance appropriating funds for fiscal
year 2008 fo r the City of Englewood.
BACKGROUND, ANALYSIS, ANO ALTER NATIVES IDENTIFIED
The Charter of th e City of Englewood requires the City Counci l to adopt the next year's Budget and
Appropriation Ordinances no later than thirty days prior 10 the first day of the next fiscal year.
Included 1n the budget are estima ted rent revenues of SS 13,035 from Mclellan Reservoir tenants.
These funds are used to fund a parks supervisor position ($85,000), and the rema inder to the Long
Term Asse t Reserve ($4 28,035). Additional revenues Identified by the PJrks and Recreation
Department and the Municipal Court total $90,000; these funds will increase 1he General Fund
unreserved/undesignated fund balance. Add 11lona l savings are expected in ~~e PIF totallng
$229,000; of th ese funds,~ 165,000 will fund the third year of the Streets Pr.11ec1 and the remainder
10 the r1F fund balance.
Mt1.eli •n revenues will continu e lo be accounted fo r in the General Fund; with a portion going for
,1ppm,~d operations and the remaining use of funds to be determined by City Counal.
tlN~NCIAL IMPACT
T11c Ge neral Fund is budgeting total sources of funds of $40,532,438 and total uses of fund s of
H 1.445, 148 leavlng an unresel\ed/undeslgnated fund b.1lancc of $9,450,149 or 10.78 pertent of
total rE'\enues. TI,e total General Fund appropnation 1s $41 ,4 45,1 46 for 2009.
LIST OF ATTACHME TS Proposed Bill for Ordinance •
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ORDINANCE NO. SERIES OF 2008 BY AlrrJ !ORITY COUNCIL BILL NO. S8 INTRODUCED BY COUNCIL MEMBER ____ _ A BILL FOR
A.'I ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN n!E
CITY OF ENGLEWOOD. COLORADO. FOR THE FISCAL YEAR BEGINNING JANUARY I,
2009. AND ENDING DECEMBER 31. 2009, CONSTITUTING WHAT IS TERMl:D THE
ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR 2009
WHEREAS. City COWlCil and staff held a 2008 budget nnd goal setting meeting on January
28, 2008; and
WHEREAS, a public hearing on the Proposed 2009 Budget was held Scpte.'lbcr IS, 2008; and
WHEREAS, the operating budgelS and Multiple Year Capital Plan for all City dcpanments and
funds were reviewed nt a budget retreat held on September 20, 2008; and
WHEREAS , the Charter of the City of Englewood requires the City Council to adopt bills for
ordinances adopting the Budget and Appropriation Ordinance no later than thiny days prior to the
first day of the next fiscal year,
NOW, THEREFORE, BE IT ORDAINED DY TllE CITY COUNCLL OF TU£ CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
~-"That there be and there hereby is appropriated from the revenue derived from
taxation in the City of Englewood, Colorado, from eollcction of license fees and from all other
sources of revenue including available fund balances during the year beginning January I, 2009,
and ending December 31, 2009, the amounts hereinafter set fonh for the object and purpose
specified and set opposite thereto, specifically as follows:
Legislation
City Manager's Office
City Allomey's Office
Mumc,pal Coun
Human Resources
Finance and Admi1ustra11vc Services
lnfonnauon T cchnology
Community Development
Public Works
Police
Fire
Library Services
Parlu nnd Recreation Services
Contingencies
GENERAL FUND
s 379,853
707,145
799,937
1.026,917
560,898
1,764,772
1,448,147
l,639,61S
5,523,010
I0,S38,437
7,487,169
l,398,S58
6,117.008
60,000
Debt Service-Civic Ccmcr Debt Service -Other Total General Fwxl s GENERAL OBLIGATION BOND FUND
Total General Obligation Bond Fund s
CONSERVATION TRUST FUND
Total Conservation TNSI Fund $
COMMUNITY DEVELOPMENT FUNQ
Total Community Development Fund
QONORSFUND
Total Donors Fund
MALLEY CENTER TRUST FUND
Total Malley Center Trust Fund
PAP. KS AND RECREATION TRUST FUND
Total P11tks and Recreation Trust Fund s
OPI;N SPACti FUND
Total Qi,..n Space Fund $
PUBLIC IMPROV;MENT FUND
1 otal Public Improvement Fund s
CAPIIA!. PRO!ECTS FUND
Total Capital Projects Fund s
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1,575,000 418,682 41.445.148
1,110,320
464,500
290,000
255,782
50,000
30,000
946,955
1,932,052
525,200
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WATER FUND Total Wa1cr FunJ s SEWERFUNO Total Sewer Fund s SIQRM DRAINAG!; FUND
Total Stonn DrliMge Fund s
OO1,f COURSE FUND
Total Golf Course Fund s
CONCRETE !IT!l,ITY FUND
Total Concrete Utility Fut,d s
H.Q!..W::1Q REHABILIT AI!ON FUND
Total H~111ing Rehabilitation Fund $
~-SERVICES FUND
Total Cen1ral Services Fund s
SERV ICENTER FUND
Total ScrviCen1cr Fund $
i;;aerr AL !lQ!.!leMliliI B&e!,ACEMENT FUND
Total CapilAI r,quipmenl Rcplaccmo:nt Fund $
Total Risk Monngement Fund
RJSK MANAG F',,1fil!I..!:L 1'fil
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9.578.11S 15.231.645
346.154
'.0Q6,470
72M9S
1,7,. ,240
4S6,389
2J21.81S
1,637.164
1.232,688
EMJ>l,QVEF BENEl'ITS FUND T 01al r:mploycc Bcnefi1s Fund S.199.26S ~ The foregomg appropnauons shall be considered 10 be appropna1ions 10 groups wi1hin a program or depanmen1 w11hm the fund mdica1ed bu1 shall no1 be construed 10 be
appropria1cd to line items within any groups, even though such line i1cms may be set fonh as the
adop1eJ budget for lhe fiscal year 2009.
~-All monies in lhe hands of 1he Director of finance and Administrative Services, or lo
come in10 the Dircc1or's hands for the fiscal year 2009, may be applied on the outslBJlding claims
no• due or 10 become due in the said fiscal year of2009.
~ All unappropria1cd monies lha1 may come in10 the hands of the Direclor of finance
and Administrative Services dunng the year 2009, may be so distnbutcd among lhe respective
funds herein as 1he City Council may deem bes1 under such control as is provided by law .
~-During or at lhe close of the fiscal year of 2008, any surplus money in any of the
respective funds, after all claims for 2008 against the same have been paid, may be distributed 10
any other fund or funds at lhe discretion of lhe City Council.
Introduced, read m full. and passed on f1rs1 reading on the 6111 day ofOc1ober, 2008,
Published as a Bill for an Onlmance in the Ci1y's official ncwspa, c:ron the lo"' day October,
2008.
l'ubhshed as e Bill for an Ordinance on the City's official website beginning on 1hc 8th day of
0 1obcr, 2008 for thiny (30) days.
James K. Woodward. Mayor
ATTEST:
Loucrishia A. Ellis, Ci1y Clerk
I, Loucnshtn A. Ellis, Ci1y Clerk of the City of Englewood. Colorado, hereby ccn1fy that the
above and foregomg is a true copy of a Bill for an Onlinance. introduced, read in full, and passed on
first reading on the 6th day <'f Octobcr, 2008.
Loucrishia A. Ellis
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COUNCIL CO MM UN ICATI ON Date: Age nda Item: Subject: Oc1ober ti, W08 II a" Boll For An Ordmanc~ Adopung The Budge, For The Lillleion/Engll"' ood W,HIPW,11eo Trea tmeni Plam for Fiscal Year 2009
Initiated Bto I Staff Sour<e:
Department of finance and Adonmlslrative Servicrs Frank Gryglewicz, Director
COUNCIL GOAL ANO PREVIOUS COUNCI L ACTION
City Council held a Goals Wo rkshop on January 28, 2008 and discussed goals at the June 2, 2008
and July 28, 2008 study sessions. On August I 8, City staff presented a 2009 Budget update to
Council and proposed Capital lmprosements Projects for 2009 were presented on August 25,
2008. City Council received a 2009 Proposed Budget on Sep1ember 5, 2008. A public hearing
regarding the proposed 2009 Budge! was he ld on September 15, 2008. The opernting budgets and
Multiple Year Capital Plan for all City depa rt ments and funds was reviewed at a budget retreat held
on September 20, 2008. Coty Cr,u ncil finalized the budget al the study session held September 29,
:()08 .
RE COMMEND ED ACTION
Staff rec ommends Councol approvt 1he proposed • ,·II for an ordinance adopting the budget for
fisca l year 2009 for the Liuleton/Englewood Wastewater Treatmenl Plant.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The City Council of 1he City of Englewood acts as admonls 1e ring au 1hority for the
L1ttle ton/Englewood Wastewater Trea tment Plan~ a parl of 1he du ties Include adopting bills for
ordinances for the 20()<) Budget and Appropriauon Ordinance no l.iler than thirty days prior to 1he
firsi day of the next fiscal year
FINANCIAL IMPACT
The 2008 Louleton/Englewood \Vastewa ler Treatment Planl Budget mdicates a beginning funds
available balance of $11 ~.67 4, 101,,I sourte, offu11ds of $1 &,274,6 I 2 .,nd 1otal uses of funds of at
$16,274,6 12 leavi ng the en ding funds available bala,,re at $1 15,674.
The total appropriation (use of funds) for 2009 os $16.274,& 12 .
LI ST OF ATTACHME NTS
Proposf'd Roll for Ordon,m, e
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URDINA.'<CE NO SERIES OF 2008 BY AlJTHORJn' COUNC'n BfLL NO. ;q INTRODUCED RY COUNCIi MEMBER ____ _ A BILL FOR AN ORDINANCE ADOPTING TIIE BUOOET FOR THE LllTLETONI
ENGLEWOOD WASTEWATER l'REATMENTPLANTFOR THE FISCAL
YEAR2009.
WHEREAS. pursuant to lhc pro,<i,ions o f an agreement between lhc C'uy of L,uleton,
Colorado. and the C1ly of Englewood, Colorado, a budget for the: fiscal year 2009 wus duly
approved by lhc Lillleton/Englcwood Wa.u~ater Treatment Plant Supervisory C'omnuucc on
August 20. 2008 ard subrniucd to the Cuy Council; and
WHEREAS. a public hearing on said budget was held by tl1e Cuy Council w1lhin three weeks
afier its submission on September 8, 2008. The hcnring was held at the meeting of City Council on
Sc~tcmbcr IS, 2008, rr.b'lllar notice of the tome and place of said bearing having been published
within seven days afier the submission of the budget in the ll1ll1111er provided in the Cha rter for the
publication of an ordinance; and
WHEREAS. lhc City Council of the City of Englewood. as the administering authority for the
Liuleton/Englewood Was1cwa1erTreauncn1 Plant. has studied the budget on numerous occasions;
and
WHEREAS. it 1s the intent of the City Council to adopt the 2009 budget for the:
L,ulcton.lEnglcwood WastewaterTrcntment Plant as now submiued.
NOW, THEREFOR! SE IT ORDAINED BY 11-IE CITY COUNCIL OF TIIE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section I . Thal the budget or the Liulclon/Englcwood Wastewalcr Trcnu1e111 l'lan1 for the
fiscal year 2009. as subrni ucd by the l .iulcton/Englcwood Wastewater Trcntmcnt Plant Supervisory
C'ommillee and duly considered by the City Counci l after public hearing, is hereby adopted as the
budget for the Littlct01\/Englewood Wastewater Treatment Plan t for the Ii sea l year 2009, ns
fo llows:
linlaon/Engft,.'OOd ll'a<teM'atcr Trta1111,11r Pt. nt
Fund Balance -January I. :!009
Revenues
Expenditures
Fund Balance -December JI, 2009
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s I 1.S.674
16.274,612
16.274.612
115,674
Sccuon 2. Thal 1hc said budget as acccpu:d shall be n pubhc rcrord 1111hc Office "I 1he C11y Cieri< and shall be open 10 pubhc mspecuon, Sumc,em copies 1hercof shall be made a,'01lablc for lhc UM: of lhe City C"ounc,l and lhe public. 1he number of copies 10 be dc!emunoo b) 1he C"it) Mann~er
Introduced, read m full and passed on firs1 read mg on 1h<, 61h day of Oc1ober. 2008.
Published as n Bill for an Ordinance m lhe City's official nc:ws~aix--r on 1he 10• dB) of Oc1ob<.-r.
2008.
Published as a Bill for an Ordmance on the City's official websile beginning on 1he 8th day of
Oc1obcr, 2008 for lhiny (30) days.
James K. Woodward, Mayor
ATI'EST;
Loucrishia A, Ellis • ..::i1y Clerk
I, Loucrishia A. Ellis, Ci1y Clerk oflhe City of Englewood , Colorado, hereby cert.fy 1ha1 the
above and foregoing is a true copy of a Bill for an Ordinance. introduced. read in ful ,. nnd passed on
first reading on lhe 61h day of Oc1obcr, 2008.
Loucnshia A. Ellis
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CCU"-J CIL (OMMUNICATION Da te: Agenda llem: Subjec t: Octobl'" b, ~008 11 a, BIi\ For An Ord,narice Appropri<11111N Funds ru, Th,• l11tletonlEngle"ood Waste" ~r Tu."~tnwnt Pl~ull For Fiscal Year 2009
Initiated By:
Department of Finance and Adm,nistra live Services
I Staff Source:
Frank Grygle,,1cz, Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
City Council held a Goa ls Work~hop on January 28, 2008 and discussed goals at the lune 2, 2008
and July 18, 2008 study sessions. On August 18, City staff presented a 2009 Budget update to
Council and proposed CapltJI Improvemen ts Pro1ects for 2009 were presented on Augus t 25,
2008. City Council recen ed a 2009 Proposed Budget on September 5, 2006. A public hearl11g
rega rding the proposed 2009 Bl•dget was held on Sep tember I 5, 2006. The operating budgels and
Multiple Year Capital Plan for all City depattments and funds was reviewed at J budget retreat held
on September 20, 2008. City Counci l finalized the budget a t the study session held September 29,
2006 .
RECOMMENDED ACTION
Sraff recommends Council approve the proposed boll for an ord inance approp riating funds for fiscal
vear 2009 for the Littleton/Englewood Wastewa1er Treatment PlanL
BACKGROUND, ANALYSIS, AND Al TERNATIVES IDENTIFIED
The Cily Council of the Cily of Englewood acts as administenng authoril)1 for the
Uttleron/Englewood Was"water Treatment Plan t, a part of tl ,e duries inclucl<• ,1dop 1111 g b,11, for
ordin ances for the 2008 Budget ,,nd Appropn,1hon Ordmance no la ter d,Jn thirty days prior to 1he
first day of the ne,t fiscal yeM
FINANC IAL IM PACT
Th e 2008 Llt1 le1011/Englewood W,lstewater Treatment Pl.mt Budget ,~dic,1tes a beginning lunch.
available balance of S 115,674, ro tal sources ol funds or S 16,274,b 12 and t<>l,11 uses of funds of a l
$16,274.612 leaving lhe end ing fw,d• availahlt-halanrr ,11 ~ I I 'i,674.
The total appropriation I use of funds) for 2009 is S 16,274,612,
LI ST Of ATTACHMENTS
Proposed 8 111 fo, Ordonante
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ORl>lt-. \:s;('J l\tl SHH ES OJ 2!KI~ I\\ \l I IU>IUI \ l'OUNCII llll I NO. (~I IN rROllllrJ·D IIY t 'OllNCII ~ll:~1111-1{ A BILL FOR AN ORDIN ANCI! Al'PROPl(IA rtNCi MONll'S J,()J( 1111 · 11111 I ION
ENGLEWOOD IV \STF\\' ATER TRIXI Ml·NT PI .J\!li I l'llKl'OSJ:S IN H II FISCAi YLAR
UEtilNNIN(1 JANUARY I, 2(Kl'I. AN)) J "IJ)JN(i Oll'EMlll:R ~I. 2(K)(). c·o~:~Trllrt JN(i
WIIAT IS TERMED Till· ANNUAi Al'l'ROP RI ATION Bil I FOil THE FISCAL YEAR 2110'1 .
WI I !:REAS. the C111c.,. ol EngleW(l(>d and Linlcton entered 11110 o conlmcl 10 hulld. m:ulllnm.
and opcm1c:1 Jt,llll Was1cwa1crln:a11111.,11 Plnnl foc1h1y. and
WHEREAS. the opcr:11,on,. mcluding huclge1 n.i11crs. of 1hi, joi111 fac11i 1y a rc overseen h)' 1hc
Supervisory t'on1111111cc. and
WHEREAS, the Cit) of Fnglcwoo<l ,111<.-ratcs the l,111lcwnlEnglc"o<KI Wa,1cwn1cr Trcmn1.:1,·
l'lmu under 1h c co111rol of lhc Superv isory Co innullcc: ,mcl
WHEREAS. the Littlcton'Englewond Wastcwa1cr Trca1111e,11 Plant has II~ (1\111 fund for
operations and nm1111e11011ce; and
WHEREAS. the SupcniMlry Conumllc'I: approvc-<l the followmr 1,s the WO() nppropnallons m
the Au1,•ust 20. 200R meeting
NOW, TIIFREl'ORI!. BE IT ORDi\l NEI) ll\' TII H 'I I'\' COUNCIi OF T II F CIT\' OF
~N(iLEWCJ\10. COLORADO. AS FOLi OWS:
~-11ml pursuant lO the L111k1,,11/Englcwc•~I \Vaslc\\alcr Treatment Planl al_!rccmcnl.
1hcrc be and hcrchy is apprnprrn1cd fmm lhc rc,•e1111c dmvcd fro111 upcrm ,on of the
Liuk<on/Englcwood Wastcwrucr Trcauncnl i'lalll III lhc C ·11y or Englewood. Coh•mdo. and from all
tMl1e-r sources of re, cnuc 111 1hc L1t1k1oll b1glewo,:d \Vn~1cwall'f Trc.11111<.-nt l'lan1 Fu,111 mdudmg
a,•a,Jnble fund hnlnncc dur111l_! the )C.11 hcg111111ng Janunf) I. 200'1, nnd ending lkccmhcr .\I. 2(l(J<),
the mnoun1s hcrcmnflcr sc i f<,n h for the ohJc-CI aml purpose SJ1Cc11icd 1,s follows
lotnl I 111lc1on1 J·11i;lcwood Waslc·walL'f I rc.umcnl l'lanl l'und S lb.174.(,11
l111r1•luc,-<l. tc,1d 111 lilll, a1kl ti:t>Soo 1111 rrr,1 rcadmg on the 01h day 111' Oc111hcr. 2008
t•ubhshed ·" ;11h11 for an llrdnwicc 111 lhc l"11y\ ullk1al 11cw,11.111Cr ,111 lhc JO'" do) of(l<:lobcr.
2CKlk
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Puhh~hOO .,~ a U1ll lor ~111 OrJm,uk...--c on 1he CII) ·\ offit..-ial \,ch~IIL" ht.."µmnmg on llu .. · k• tlJ~ ,.1 <Moher. 21KI~ for 1h1r1) t 111) ,l,1y, A I ll·SI
IJ,ucnslna ·\ F.lhs, City Cleric
I, Loucnslua A. l;lhs. Cuy Clerk or1he City orEnglcwood. C"olomdo, hereby cen,ry that the
above and forego ing 1s a true copy orn B,11 for nn Ordirnmce. ntlmduccd. read in full. nnd 1>asscd on
Orsi reading on the 61h day ofOc1ober, 2008
Loucnshia A. Elli s
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COUII.CIL COM MUNI CAll O'I Dat e: Agenda Hem Su bject Oclober 6, W08 11,lli Smo~tn~ 8,1n on ruhh, ~t~hh ,,1 \ \ •" Ad101nlni1 C er1ain Mt!d11 .,I Ho,p,1al, Initialed By: Staff Source:
Julie Lonborg. S" edi;h Medocal Center Darren Holltn~"""lh
Economl, D,·, ~lopm.-111 Coord1n,11or
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Thi; issue was discussed at 1he September 15, 1008 Ctry Council Stud\ Ses,1011
RE COMMENDED ACTION
Al 1he Augusl 14" ACE meelong. Juhe Lonborg from Swedish Medteal Cen1,•r p,esenten ., request
for a smoking ban on lhe public ngh1s-of,\\ay in ,\leas surrounding die hospll,ll . AC[ r,•vie1\l•d 1he
proposed ordinance and recommended ,is approval.
Al the Seplember 1 Slh S1ud1 Session, Council discussed !his mall er on tur1lwr dl'l.111 ,11,d rc,1ues1~d
1ha1 staff develop 1h ree ahernath es. Anachcd are 1hree difie,enl o.donancei 1ur wunctl
cons,de,ation. TI,e follO\,ing summaries describe 1he difference In 1:,e houncl.i,11,, of 1hc sn111~1ng
ba 11 foe lhe public streets surrounding lhe hospital:
• Council Bill No. 66: Subjecl 1he smokong ban 10 public slreels, \\hercb1. pubh, slrt•t•I
means the street withon die Coly Right-of•Wa)' ,ndud,ng Ll\\ns and all,•1 ,. t•xtcndong from th e
properly line of 1he medtc.11 hospital 10 the face of the adj(lon ,ng curb ,md !\Ullt'r
• Council Bill No. t,6-Acrow Subjec t 1he smoking ban 10 public <tree!>; \\lwrebv. puhhc
,1ree1s means lh e street \\llhon the C11y R1ght•ol•Wa1, includong la\\ns ,ind ,11!('}1. e,tendH>~
from the properl)• line 01 the mcc., ·al hospital 10 1he rac side oi the ad1oinlng public 11~hl•<>I·
way. This shall Include the sidewalk ad1oinlng the hosp1t,1I properly, the ,1d101111ug puhh<
weet or ,,lie~ .u1d lhe pul~,c side" alk on the side of the stre~I oppo;,te the hn,1llr.1I
• Council Bill No. b6 -200 Feel: Sub1ecl tllle smoking ban lo public slree11. \\h1•1t~h1 1>uhl1,
weel r.1eans lhe street" t1htn the Cil) Righ1-of•W,1y Including 1,1\, ns ,md ,1lle1 ,, t•\lt•n1hnf\
from the properly line 01 the medical hospital 10 a point l\,o hundred 1ee1 (100') 1<0111 a111
proper!)• line as sh0\\11 on the reg,s1,a1i on. Th,s shall include the sid1•\\alk acljulnlng tlw
hosplla l pre pe•ly, the adjolnin ~ µublic s treet o r all ey; 1he public side\\ al~ un th<· s1dt• ur lh t•
street opposite the hosph,11 and any other publlc R,gl,1-ol•Way within 1h,11 l\,o hundwd 11•1•1
(100'11imlL
FI NANOAL IMPACT Unkn01,n. Stall 11om S\\edisl Med,c,11 Cen ter has maintained lhat the1 "'" entorce tlw smoking ban: ho" e, er, Engle,, ood ma1 bear some cos t In enfo rcement. LI! r OF ATTACHMENTS Tiu ee ve~ions of the proposed Bills for Or~inances •
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11' ,\l rllORI n SFRIES OF 11KIR A BILI. FOR COl,;NCIL 131!.L NO. 66 AllJACEl\7 lllt:WALt. INTRODUCW IW t'OllNCIL ME~IBER ____ _
AN ORDINANCE AMENDING T l I LI, 6. CHAPTER I. OF l IIE ENGLhWOOD
MUNIC IPAL CODE ~000. 13Y rill; ADDITION OF A NEW SECTION 8. ENTITLED
"SMOKING OUTDOORS ON runuc RIGHTS-OF-WA y ADJOINING CERTA IN
MEDICAL HOSPITALS"
WHEREAS. medical hospitals ,n the C111 !lf Englewood, Colorado arc dcd1eatrd to the
prcsm at ion and unpro,·emcnt of the health of all of us poucnts. employees and , 1,11ors: and
WHEREAS, some n1<.-dicnl hospilnls nrc going 10 a smoke free c,unpus \llueh nonnally
extends 10 the public right-of-wny: and
WHEREAS, the sidcwnlk ndjolning sucl1 n smoke free campus is so closely nssoc,nted
with the campus as 10 requi re mclusion in the smoke free reb,ulations .
NOW. T IIEREFORE. OE IT ORDA INED BY T1 IE Cln' COUNCIL OF TIIE CITY OF
ENGLEWOOD. COLORADO. AS FOLLOWS:
~ llie Cuy Council l'fthc Cuy ofEnglC\.,.,_,ct, Colorado hereby authon, ... ~
amendmg Title 6. C'hap«er I. of the EnglC\,ood Muro ,;,al Code 1000. \ll1h the :idd11ion of a
new Section S. entitled "Smokmg Outdoors Near M<dical I lospitals", to read as fnll <•ws:
ltl.§: Smoking Outdoocs Nrer Mrdl£11 UOSPiJlh ·
l. M~12i1i!J mf~ns mix ,m:dic;ii hl•~"i.!ili:,lUjl!;[\'Q wj1luh1· ~ Mun~i:g
or desiRncc rcou~indusioo under this..Ch?nlcr.
•· Puhlif stcrst mceo, lb £ Y1CCSI »ilhlP the Cib dl'hl:Pf·»l\t IPrlYdinr 11»95
and ,11,n CiSCndiev [CPW the PCPPCrfY line o(t!IE msdinl bemitel to lb£
fus of th£ edieioinr surb and reurr
B. No person shglJ smoke pr oo.,~eu bynupg JpbacyQ otta11Y pubhc :,treq. n1.llc1l11 ,'l1
~ pdtojnmg P ,egistctcd i11!.'dical hospit\J.L
C. Jhjs prohjbjtion dQ~$.I\N ,1PllWV Q QS[§On inside 3 motor yehkk iu.ulQliQ11 l!.lllll.U.\l\;h
p~
I> ~kdkal '""l'Jlal, ,liall1•1'-UW >JUl'~IIIJ: >11:11, Ill c,,11,pmM1, pl.1«-.1•11 the ht'-pllal Pl\'l"'n.l ,un~,,.~ll ll)J>W\1,k n1~1~c <'fllu, ,111<,\1111: pr<'l11h1111>n ~ Snfc1, ('louses l he (JI) Cou11.:1I hcr<h) linds. d,1,'1111111,.,.. and declares 1h~u tlu:. Ordinancr i~ pr\,mult;3h!d under 1hc: g'°nl'rnl pol 11.·c p,mc1 of the City pf Fn~lc, .. ,"1. 1hn111 "J>fllmulgJh:J f1•r 1hc 11<-ahh . ...,ft:1), .,nd \\dforec>fll.., pul>hc .• 11111 1ha11h1> Ordmancc 1s ncces,m-y l<>r 1l1 c pre,c1Ya1111n <1fhc :i hh nnd safc 1; and l<•r 1hc prcHeclll,n ot' i"uhlic conveni1.ilCc 3nd welfare The C11y Council fur1h\,.-r dett.·rmine) that
the Ordmance l><nr.; a r:ilional rc!a111,1110 the pmp<r kgi,lali\'C obJCCI snugln In he
<'blnin<:<I
~1!!!JL1 Sci crab1hly. If nny clause. ,cnlcncc. par•graph. or pan ,,f lh" Ordmancc
N the apphca1ion 1hcrt.'>f10 nny J'Cl'"''n c>rcircum:,tnnces ,hall for an) reason he
adJudge<I by a eoun of co mpclclll jurisdic1in11 in\'alid. such jud~mclll slwH nm affc.:1.
impair or mvaliJ.11e the remainder of 1h1s Ordm.1ncc or 11 apphcauon to 01h,-r person, or
c1rcumstnnccs.
~~-!ncnnsi>1em Ordjnan,c,. All mher Ordi1~111ccs or pon,ons thcri.'O f
inccmsi>1cnt or conllicllng wilh this (Jrdmance or any ponmn he«'Of arc her.-hy rq,caleJ
10 the e,tent of ,uch mcons,stency or conl11c1 .
~ E[cc1 of Cl-WI or moo1licaqon. ll1c repe.1I or 111od1fiC.lllOn of any
~rorni1>11 of 1hc Code of 1hc Cit y Clf C:nglcwood hy 1his Or<linance slwil 1101 release.
cxunb,ui,h. aht:r. modif). or change ,n \\hole or ,n pan any penah). forfeiture. or
hah1lil), c11hcr ch,I or cnm111.1l. which :lm ll ha\'C hcen mcurrcd undor such pro\'ision.
and each pm, is1on sh:ill be treated and h~ld as sull remauung III force for the purposes
ofsustammg any and all proper actions. ,11i1s. proceedings. and prosecu tions fo r 1he
cnfl,rccmcnt of the pc1~1h). forfeiture. or l•~b1l11y. as \\CU as 11,r the (IUl"(l(KC ,,f
susta111111~ any Judgment, dc.:rce. or or.ier which cnn or may be rendered. entered. or
made in sul':h actions. suits. proceL"\Jlllgs. or prOSl.."CUtmus
S,-ct ion 6. l'cnahv. The Penally Pro\lsion ol'Scc1k,n 1-1-1 FMC ,lmll apply 10 cach
a,ld l!VL'I)' ,·,olat,on f'f tlu, Ordu~incc
Puhh,hcd a, a ll,11 f,,r an 1JP1in:111cc III the CII) ·• oOicml rn.'\\,rap<r on the 17"" day of
0.:tober. ~00S .
l'uhh,hc-d •• a B,11 for an Ordmnnce 1111 the r11y's 00ic1,1l \\chsi1c hcgmmug 1>11 the x''
duy llf Ocwhcr. ~O()~ for 1hin) (301 day~
Jnmcs K. \\'1,odwnr,I. M:i)Or
\ITEST-
I J")cnsl11n ,\. I lh,. C'uy Clerk
, 1.-,.•,ti I h l l ,f.ll t kil I r t•,,
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I. I ,,ucr1sho.1 \ Fl11>. Cu, ( 'kr~ of 1hc Cu, ,,f Fn~lc\\o,"1. f \1!,,r.111,,, hcr.·h1 ccnii\-lh'.11 1hc nho,c onJ fon:gomg 1s u ·lrnc copy of n ll1il for nn ... On.hnancc. 111 m~luccJ. r~:iJ III f~II. and passed 011 tirsl readi ng on 1h~ 61h day nf(kll•hcr.100S I •~i<n,hoa A 1:111,
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OROI N1\Nl'I-NO , SERIES OF 10IIS IIY AU I II OR I ry AR II LFOR COUNt'II Oil I NO. 66-ACROSS STREET INTRODL"CFO BY COUNCIL ~IH IBER ____ _
AN ORDINANCE AMENDING TITLE 6. CHAPTER I. OF Tl IE ENGLEWOOD
MUNIC ll'1\I. C'O DE 2000, BY nm ADDITION OF A NEW SECTION 8, ENTITLED
"S MOK ING OUTDOO RS ON PUB LIC RI GI ITS-OF-WAY ADJOIN IN G AN D
ACROSS TIIF STREET FROM CERTAIN MEDICAL HOSPITALS".
WHEREAS. medical hosp11als in 1he Chy of Englewood. Colorado arc dedica1ed 10 1he
pr,scr"nuon and 1mprovernen1 of 1he hcnllh of all of 11s paucn1s. cmplo)= and ,isi1ors; and
WI IEREAS, some medical hospilals arc going 10 a smoke free campus II hich normally
cx1ends lo 1hc public rigl11-of-way; and
WHEREAS. 1he sidewalk adjoin ing such a smoke free campus is so closely associated
with 1he ca mpus ns 10 require inclc .on in the smoke free rcgulmions .
NOW, Tlll:REFORE. BE IT ORDAi'
ENGLEWOOD. COLORADO. AS FOi ,
BY THE CIW COUNCIL OF I HI: CffY OF
:s·
~ The City Council of 1hc C11y of Enplewood. Colorado hereby authorizes
amending Ti1le 6, Chap1er I, of 1he Fnglcwood Municipal Code 1000. 111 th 1he add ii ion of a
new Scc1i1"1 8. cnlillcd "Smok ing Out doors Near Medical I lospirn li', 10 rend as fo ll ows:
~: Smekior Outdoon Nnr Mssllsel 110,nu,1,.
I. M,;chcal ,Hosm1a1 WnunY medical oosoua! rcg,llm'l! ,, uh 1' ~
0Ldcsilmecrequc;:;1ins iuclusjop under 1his Cb•P1£c
2. Cublis urrst mnns tbs Hr££! wilhin thr Citx rivht -of-wex losludioe lawns
eed ellcn r1tendior Cc9m lb£ nroucrtv Hee of tbs msdtsel hes2itel to tbs
o,c ddc Pf the 1diolelPS PYhlls rlvbt-Qf-w,x JblJ 1b1ll ln6'uds th£
ddrwelk adioininr lbc beu1Uel oroerrtv the edleinloc ouhlls Jlrcet or ell!\'
IPd the PUhJis sidrwelk 99 tht $Ids er the nnrt PRR9 litS 1h r hosnit•I
l Smoke or smokmg means the us~ or a hvh1cd cigar,. c1sarcttc~1®
smoking dcricc or nnx PSbtt linhtcd smoking rouimnffil.
D. Nn person shall srnokMroossess huming 1°h•cCQJ>J1,.auY o~~stmt.JJs.defin~
hcrcm, .11Woinin.1u1EBw!Jncdic11l h1mili,d.
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1111:--pr~lub1t1l111 dl~'!\ uu1 :ipr ly ""' ;, pcr,1111 11h1dc" t114,1tor, d1~ m nk1tu\n Uft\lll ,uch puhhc ,1rc,1 1K•r 111 ti!<' p11.~l 1c ,,de" .,1~ "" the ,,de ,,f the ,m:ct 1>pJ><»11~1hc lw;.pii,I 11 here the I"' ne r ,,, 111.'rnpnnt ,,r the pr1•1"'1'1) .11~1•1111111: th, pul>li.: n1;h1-~(-11 a)' Im, ~lc.l a no11ce \\llh the t'ity 1<, l><: ,·,dud,-d L>, ~h~h,·al IW>J'Ha ls ,hal l P<"I.JLQ 1111,,,1111: ,1i:n~ 111 c,,n,1•1cu1111, 11li!£.c• 011..!JJ.c hl'>Qital L)W'l.'~11lk11'lll Ill l'R" ,de .JK!ll,C ,,r 1h,, Slll<'kllll: pr\!IJ1l>11111n, ~ Saf,11· Claus,, rhc L'II) Cou ncil hereby finds. dc1cn11111c,. ond d,-=larc,
1ha1 1h,s ( >rdmancc "promulr••ed under the ~<'11.'r.ll pohcc f'O\\Cr of the Ct1) of
Engk'\,o,,J, 1h01 111s promul~a1,-d for 1hc healt h. sn fc1 y. nml wclfo rc 1>f 1hc public. nnd
lhlll 1his Ordinance ,s nc.:cssary k-r 1he prc,m'llllon of hr:ihh and s.1fety and for 1hc
protcc11011 of pubhc 1.'!lm1.111ence :M~ "dfore. The Cily Cnunc,I fonhcr ,ll.1cm11nc, 1lm1
th e Ordina11cc bc11r. a ratmnnl rcla t,o n 10 1hc prope r lcgislntl\c ohjL'CI sougl u 1\l he
ob1amed
~ Severnb1l11y. If an)' clnusc. scmence. parn!!rll(lh. c,r pan of llus Ordm:mcc
or 1he aprhcauon 1herrof 111 any person or c1rcunt,1nnccs shall for on} reason be
•dJudged hy a coun of co 111pc1e111 j uri sd icuon invnhd. such Ju<l g111c111 shall 11 01 afTcc1.
impnir or 111\'llhdmc 1hc rcns1111dC'1' of 1h1< Ordinance or 11 npplkanon 10 "'™-'f petM>11> or
c1rcunu.tancl°"
Secu"n 4 . hJWn,i,1co1 Ordm,,nccs. All ,~l1<,-r Ordironccs or pon,ons 1heroof
111consi Me111 or contl1c11 ng with 1his Ord inance or .,ny ponion her,~,r arc hereby repealed
10 1hc cx 1cn1 <>f such inconsistency \lr conllk1
s,.,,1 inp 5. Fffoc 1 of reoy;,1 c,r modi1ict11 ion. Th e repeal,., moililica1i11 11 of an}
P""'1s1on of 1hc C<Klc of the C'11y of Englewood b) 1h1s Ordironce sh.ill 001 rel<-a<e.
cxunh~"•h. al1er. 11100,fy. or change m \\hole or 1n pa n any pen11 hy. forfci 1urc. or
hnbi lny. eit her civil or cri mina l." hic h sha ll have hccn incurrc-d under such pmvi,1011.
and each rrc.11 isi<m ,hall he trcalcd and held as >1111 rcmammg in force fnr 1hc purpo,c-s
of sus1a 1111 ng any unJ all pn•pcr ac11\lns. >1111 s. pn><:cedings. and pro.sccu1 i1111s fo r the
cnforcemcm of 1hc penally. forfe11ure. or liah1ht), as \\ell as for 1hc purpose of
,u,1ammg any Judgmc111. decree, or <1rd,-r "hich c:in or moy ht-rendered . cmcrcd, ,,r
1nndc in sucl1 actions . su1 ls. 1nocC1..-d 1ngs. or prosct..:uli on.,;.
Scclll'JI 6. Pe11:ihv. Ilic J>cn nh) Pm\1~11111 ufScction 1-1-1 HIC ,hall npply 1 .. each
and every \'iol:uwn ,,f thi~ Ord umnce.
Puhlhh1.•d a, a U1II fi,r nn Ord111nncc m the Cit)·~ uffictnl nc\, ,p;tpcr t'n lhc 17'" t.l ,1y ,11
!Jc11>her, ~CKlS.
Puhh,;hl.-J a~ J Bi ll for :m < lr'-1 m;uH.·c l'II th~ l '11) • s official ,, ch:"11lc bL!t1 11 ,1ung on the x1'1
da) o f llch•ber. ~(MlS fort l11ny (311) da)s
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\ 111· I I, Lou,n h1a A. Elhs. Cn) Clc,L of the CII} of Englc,aood. Colorado. herd,) ccn1f} 1h.11 the al>o,c and fo~,oing 1, a lruc copy of a 81II for an Onlmance. nnmduc:al. re:iJ in full, and Jl, salon lirs1 reading on 1hc 61h d.1)· of October. ~00 .
loU(rishin A F.lhs
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11\' Al IIIORI I\' OROl:-.ANCI XO SERll,S Of WOS AOILLFOR COU1'rtl BILL NO. /16-200 •·tn 1:-.J fROOUCEO 13\' COUNCIL MEMBFR ____ _
Mi C>RDINANCE AMENDING 1 ITLE 6. CHAPTER I. OF TIIE ENGLEWOOD
MUNICIPAL CO DE 2000, BY TIIE ADDmoN OF A NEW SECTION 8. ENT ITLED
"S MOKING Ot.Jr.)()()RS ON PUBLIC RIC~ITS-OF-\\' A Y ADJOrNING AND
\\"ITIIIN TWO II UNflREO FEET (200") OF CERTAIN MEDICAL HOSPITALS"".
WHEREAS. med,cnl hospital• m the City of Englewood, Colorado nre dedicated 10 the
prcscrvnt1<>n and improvemcm of the heal th of nil of its patients. emrloyccs and nsito1 s: and
WHEREAS, some medical hospitnls arc goi ng 10 a smoke free campus which nonnolly
C,'1ends to the public nght-of-way: and
\VII EREAS. the sidewalk adjoining such• smoke free campus 1s so closely nssociatcd
"ith the campus as to require inclusion m the smoke free regulollons .
NOW. THEREFORE, OE IT CRllAINED BY THE CITY COUNCIL OF Tl IE cn·v OF
ENGLEWOOD. COLORA IX>. ,,s ro u .ows:
~ The City Council or the City of Englewood. Col~rndo hereby authori,.cs
am.'ttdmg Title 6. Chapter 1. ol tic Engl°"oocl Mumcip.1I Code ~000. with the add111on ofa
1te\\ 5cction 8, e1111tlcd "Smoki ng Outd oors Near Medical I lospitn ls'". to read ns foll ows:
~: Smek lor Outd2on Neer Mcdirel HPIPUIIS·
I. t-le;ljcal Bosnwb!?OS any rncdjcalho..solllllr~t,~h lhcntv Manag~r
PJ:~c rcaut'SlWll,,io~lwo undcc 1tus. Oinuw;.
1. f.Mbli£ U[ffl 9]$191 lhC ncssr within the Cilx drhi11{·))1)' iodudinr llll'PS
wL1IIGY$· ~,,rudins from the PCPPCID'. 119£ pf the Q 'tdls■I he,eltel to I
eeiet f»P buudcsd {tel (189 ') kam IPY PCPPCCO: liec H JhPWY pp the
rcebtc,J-lpp This sbell lnslvds the slden·1lk adleleler tbs hosnitel PCPPGCt)
the ediPIPiPe RHhlir nus, 9[ ,ncr the evbHc: ddcn'P!k 99 lht ddr or lb£
flCCS I 0PP9dtc tbs hP(Rit•l IPd lAY otbrc pyhlis rirht:PC·wal' whbiu I hat
f))'P:hYOdrrd·.ront (299'Uimlt:
i Snmke.wmokuw means the use of o Iii•'· 1 ~.ci1?0rettc+DiQ£,,,.!~
~J!Qif• 0c •ox rob!-1 hgh1sd,.. ,illlL(qwllQWll.
B ;:;Q ~rwJUh~ll_jnJgkc ,,r pQ$s£Dm1m: 1Clt>3£re..l)ll n1~1c ,1rcc1. ,1, delin,'\l liw:10. Ol~l>IIIIJllWl.tl:J:l >lcml JDS.1!i.l;al hQ~p11 ;i,l. C' ~ht~ IK!L~ 11.l!.C~ i1J.11<•1,•r ,chicle innl\1lk•n UJ&Q,.Wcb ~cm nor IQ lb• pybhc S1dcwall:~1de .ll.Uh• Sl[WI OllllQ,11, Jh~ nhm: Lh• 011 on or Q.Ct~~ 1koubhc rj sbl11[-way ,\lll11n ~ hupdred [001.)uni\ (200'llimjthas ~ nQlicc..itll!ult: C11)~ciu.\l!--d, 12. Medical homnals •ball oo~lgng •im io con<mcuous olac~111uh~1al m:ooenx sufficient 10 nro,1ds notice p{1tus~
Sec1ion 2. Sa(etv Clause,,. TI1e Cuy Council hereby finds. detennincs . a,;d declares
that this Ordinonce 1s promulga1cd under I he i,,cneral police i'Ower of 1hc C1 1y of
EnglC\\ood, 1h3111 IS promulwi1cd for the health. safety. and \\el fare o f1hc public. and
1"'11 this Ordinnnce ,s r;eccssal) for 1he prcs<:l''llllon of~ahh 3nd safety and for the
pro1ccuon of public convenience and welfare . The City Council funher de1cm1ines 1hn1
the Ordinance bears a rational rclalion 101he proper leg1sla1ive obj(.'CI sought 10 I,.,
obtained.
~ Seycrabilirv. If any clause. scn1ence. paragraph. or pan of 1his Ordinnncc
or 1hc applica11on 1hercof10 any person or circums1ances shall for any reason I,.,
adJudged by a coun of compclcnt jurisdiction in\'alid. such judgment sha ll not 3ffec1.
impair or imahda1c 1hc remainder of 1his Ordin,nce or ii applicauon 10 01hcr persons or
circums1all':cs.
~ lnrnns is1en1 Ordjna nces. All 01her Ordmancc, or ponions 1hcr,'llf
inconsis1cn1 or conflicting wilh 1his Ordinance or any ponion hereof arc hereby repealed
10 1hc e<lcnl of such incons1s1cncy or conllic1
~ F.[c.;1 of repeal or modilica11on , The repeal or modilicn11on of MY
provision of 1he Code of !he Ci1y of Eng lewood by !his Ord ma nee shall n~I release.
e~llllb'UISh. nhcr, modifv. or change in whole or in pan nny penally, forfcnurc. or
hab1luy. eithcr ch 1I or cnm11~11. wluch shall ha\'c been incurred under such provision.
and each pro\l~ion shall be 1rca1cd and held as sull rcn,a1nml! in force for lhc purposes
of sus1aining any nnd nil proper ncuons. suil>, proceedings. and prosecu1ions for the
cnforccmcnl of1he penally. forfcilurc. or linh ili1y. as well a, for 1he purpose of
susrnuung any j udgment. dc. -:e. or order \\'hich can or may be rendered. cnlcred. or
m.1dc 111 such acUC'ns. sui1s. pn)<!ccdinss. or prosccu1ions
S~-c11on 6, ~ The Penally Provis11•n nfSecuon l-1-1 EMC' shall apply 10 each
nnd c, cry violaliN1 of 1his OrJinn ncc
lruroduccd. read 111 full. and pass,-d r n fors1 reading o n 1hc blh day ofOc1ober.1008.
Publish(.-d ns a Bill for an Ordinance in, lhc Ci1y's officinl 11cwspapc1 on lhc 17~ d3y 111'
Cktnbcr. 2008
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l'ubh,hc'll n, n 111II tor nn Ordm.1ncc ,,nth< ,:ny', nllkial \\c-b,nc bc'l!Hlll111g on the S'' WI) ,,t' lx:11,bcr. ~tM>S tor thin) (30) d.iy, Jam,.-s K \\'ood"ard. \(a)1>r ArTl:ST
Loucnshia A Flhs. Cny Clerx
I. Loucnsh1a A Ellis, City Clerk of the City of Englewood. Colorado, horcby ccn1fy that
the nbo,·c and foregoing 1s 3 true copy of a Bill for an Ordinance, mtmduccd, read ,n full,
and passed on lirst reading on the 6th day of October. 1008
Loucrishin A. El lis
COUNC IL COMMUN ICATION Date: Agenda Item: Suhject: 0.:1oher., :1~>!1 11 ,1 vu lntNHm ernrntnt;ll AgH~emPnl ln1erne1 Cnmes AR,1111<1 Cluldren Rei:ion,il T.uk Force lniliated By: I Staff Sou rce:
Police Dep.irtment John Coll,ns. Deputy Chief of Police
COUNCIL GOAL AND PREVIO US COUNCI L ACTION
On November 5, 1007, Cit',' Council adop1ed Couna1 Bill No. 63. au1horiz1ng ,,n lnlergovernmen~ll
Agreemenl for 1h e i111erne1 Crimes Again,1 Children Regional Task Force between 1hr City of
Colorado Springs. member parties, and 1he City of Engfe,,ood, Color,,do. This ln terg01 ernmen1al
Agreemen1 e,cpired on May 31 , 2008 n,e proposed Intergovernmental Agreemeni would be
effecll\ e on May 31, 2008 and shall conllnu e u111il terminated per the pro, ,sions of the agreemPnl.
RECOMMENDED ACTIO N
• The Police Departmenl ,s recommending that City Council adopt a hill for ,1n o rdinance au1horlzing
and approving an lntergovern111en1a l Agreement between the Pohce Department ,,nd th< ln1erne1
Crimes Against Children Regional T,uk force.
BACKG ROUND, ANAJ.YSIS, AND ALTERNATIVES IDENTIFIED
n,e Engl~wood Pol ice Uep;irtmenl hilS been asktd b\ lhe ln1ernr1 Crimes Ag.11n<1 Children
Regional T~,k Force 10 par11c1pa1e in a cooperative endea1 or 1hat focuses on ind" iduals who
a11emp1 10 sexu,1lly explon children. Tiie Police Division "Ill benefil In 1h,s er,rlea, or as 11 enable, us
10 belier 1den1if) such individuals. TI1e 1ask folle will provide specialized !raining anti >cCPSs lo
1echnkal resources 1h,11 we 01herw1,e do no1 havP ,w,1ilable 10 u,. There are for tv,eigh1 s1a1e,
municipal, a nd federal agencies thal par11cipa 1e m this tas~ force. n,ese al\endes Include, b111 are
11,,1 1;mi1ed to 1he Aurora, Denver, For! Colh1<, l111le1011, Colorarlc, S1in11gs, and Glenrla le Pohce
D(•p.1r1n1cn1s, the reu~ral Bureau or h1-.•slil!"11on, U.S. Allorney'> Office, Air rorce O.S.I.. ICf,
Posl,1I lnspect1011 Onice, and the ArapahO<! and D0t1)lias County Shenlf, Offices. Tiw na lure of thi ,
1., ,k torce 1s sens ,IIVt' 111 na1ur e C 0111equen1l1. lhc, cnmplel<' rlet,11ls of 1h1s ,1grt•emen1 nePd to
remain confid, nllal.
FINANCIAl IMPACT
TI1e lnlernel Crim e, Ag.1lnsl Children Regional Ta,k Force provides lrammg an<' ,echr11c,1I su11por 1
• anJ resomccs. The re is no cos I 10 dw City of [ngk-., c,od
LIST Of ATTACHMENTS Proposed BiH ior an Ordinance lo11e1gowrnmental Agreement
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ORIJI:-. \Nl'I MI SFJW ~ Ill ~1w1, In' 1\1 1 11:1 11<1 I Y COUNCIL BILL NO 70 1,'TR1 )1)11('1 -() II\ ( "Oll\( "II \ti \JIii R A DILL FOR
AN OlUJINt\NC'I· tX 11:NDING AND All I I IOl{I/ING TIii· I \I.\ I I ION m AN
··INTERCiOVl!RNMEN"I Al AGRl'FMI Nl l'OI< 1111: IN'rnRNl'I ("l{IMHl AGAINST
CIIILDREN RFlilUNAL ·1 ASK FORCL:'" IJETWFFN THE Cl I Y UI-C<JLOl<ADO SPR INGS
AND ~11:MllER l'AR'I IES INCi Ul>ING 1111 Cl I\' OF EN<il FWOOD. COi ORA DO.
WI IEREAS. 1111emct cnme agarnst cluldrcn 1s an ongoing problem III doc CU) and Sra1c as
well as •round 1hr "'orld; 3nd
WIIEREAS. lhc purpose ofdus i111cr~•mcn11nc111al •~rccmcnl ,, 10 provide o 1ask force 10
combai inlcmcl cmncs agmnsl cluldrcn: nnd
WHEREAS, govcmmems ha\"C lhc ou1 hori1y 10 JOIO ,n agrccmc111s 10 fogl11 1hcse crimes
purs\13111 to the Colorodo Cons1i1ut1nn. 1\n1cl e XX , Sec1ion 6: Cnlurndo Cnns1111111on Anicle XIV.
<;cc1ion 18, Section 29-1-203 C.R .S .. T11lc IV of1hc federal JuvcmlcJus11cc ond l>chnquenc)
Prevcnuoo Acl of I '174, as amended. and
WHEREAS. 1hc ""'""" of1bc Tn.,l I on:c shali be 10: shan· 1n1clhgcncc i;;tlhcml by the
parties rcla1,ng m 11ncn1ct mmc, com,mnc-d agaonSI children: n~1kc on1rr•JUri-.d1c11onal nrrcslS or
suspec1s: co11duc1 1m111111g: prm,dc pubhc ed11cn110t1 on 1111cm,~ snfc1y and prcvennvc m.::isuro:s:
conduct jo1n1 open 01ul undcrco,cr imc:;.llM,tlllUl\!il pcrt:ilnmg 10 1ntcmct cruucs. ngamsl children;
and
WlffREAS. on Ntwcmbcr 9. W07. C11y ('nuncd. b,· Ordinance No. 1,J, uppmv.-d and
aulhonzed nn ln1crµO\c111memal /\g1ccmcn1 h>r 1he .tcmet Cnmc.• i\~~111>1 Clnldrcn Regional
Task Fnrcc. nnd
\\'Hl'Rl,AS. the pn,poscd ln1crgcwcrn111cn1al Aµrc·111<.'tll """Id c,~umnc IIIC I n,k Fon:c nnd
he cITcctl\c ,111 Muy 11. 2008 n11J ",II cnn1111w un11I 1cmu,.11c-d under 1hc rrovo,11111, or 1hc
agn:.,.:me111
NOW, 1111-1\l-l'Ol<I:. BE IT ORDAINED BY 1'111· Cl I Y l"OllNC 'II OI-l"HI' CITY OF
l,NGl I WOOll.l"OI Ol(A(')ll. 11 li\1
S<X"Uon I llll" "l111crg,,,,-mmcntJI 1\~r,,·111en1 l-,,r Ilic 1111• 111e1 l'nnll~ Ai:,11ns1 ( 1nldR,1
Regional r.l\k I ,,rec··. ,lllndk."<! hereto•~ hl11h11 ,\. "hcr.-t,) ,,c1M,-d ••Id nppm,-,1 by llll"
l:nglc..-ood l"II) l'ounc,I.
Sc-cl.!!!IL2. l'ummnl 10 Art,ck V. Scc11011 40. of 1hc l:nglc\\,Ktd 1111111c Kulc l'hnncr. lhc l'Hy
l"o1111c1I ha, ,k1crn1111cd 1ha11hc Agrccmcn l shall nm he pub lished 11<.-cau,c of 11, Mtc .
~ I he ~l nyrn "hc,chy .1111hnr11cd 1,, s,µ11 Jnd the ( 0 11) , ·1t-,~ 111 nllc,t :11111 ,,:;,I saul
A~,_. ... m,,11 ro, ,llld HII hch11lf<if1hc CII) ,,, I 11i:k»tKKl. t'olor.1J11
lnm~IU<;L-d, ,.,-.,J m ldl. arMI pas,c,l un lir.1 rcadm![ <>n the 1,• da) of ClctOlbL-r, 2008 Puhh,hcd n, a 11111 for an (lnlu.in« nn 1hc Hhh d:,y of October. ~(I()~ Puhhshcd as a D1ll lor Jn Onhnnncc on the • n) ·s ollic,al wcbsi1e h<.'1'11111111~ on the '· da)' c,f o.11>bcr. 200s lc>r th1ny ( 10) da)'\
James K. Woodwnrd. Mayo r Pro Tcm
ATTEST:
Loucrishiu A, Elli~. Cit y Clerk
I. Loucrishi n A. Ellis, Cny Clerk of ; Cily o f Engk.-wood, Col orado, hereby ccn if) 1hn1 1hr.
above and foregoi ng Is a true copy of n IJ1II for Ordinnnce imroduced , read 111 full . and passed 011
li rs1 rc:1dl11g 0111hc 61h day of Oc1obcr, 2008.
Loucnsh,a A. Elhs
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.JTEi'Ci vn· ,11.EJ\'TA: AGP.EE!,1£!,'T FOT< THE .NTERNET CR.IMES t<GAl!~S1 H::.DREJ REGJON1-.;_ TASK FORCE T.Js ln lCTgovemmo!nuJ A~rce:ncn1 datec for rcfc re Jce lhis 31 S1 day of May 2008, is made b) an be tween th~ City of Colo,idc, Sp~ngs, a Colorado mumc1pal co:-porallor and home rule Cl'.)' ("C icy•J and the me mber ?any or f'a.'tl~ · mci 1::aled by s1gruu.ure heret o. Th e Pllltles Agrtt' II! fo ll ow,:
SECTION I -AUTH ORITY
This AgrCl:menl is made under authori ty of Colorado Co nstitution, Article XX, Sect ion 6;
Colorad o Constitut.Jon Article XfV , Secuon 18; Section 29-1-203 Colorado Revised Statutes,
Title TV of the federal Juvenil e Justice and Delinquency Prevention Act of 1974, as amended,
and a Cooperative Agreement between the City and the U.S Department of Justice, Office of
Juvenile Justice and elinqucncy Prevention .
SECTION 2 • PURPOSE :
The purpose of th is Agreement is to provide a task force w combat internet crimes against
children , Task force members may be municipal, county, or federal agencies .
SECTION 3 -AGREEMENT TERM :
The term of this Agreement shall e<immence at 11 :59 pm on the 31 ~ day of May 2008, and
shall continue until terminated per the provts ions of this Agreemen
SECTI ON 4 • EA'PENDITURES :
Expenditures and Fees of F.nch Party Deemed Expenditures of That Party : The parties to thi s
Agreement agree that the purpose of this Agreement is to jointl y accomplish pwsuant to
C.R.S . Secti on 29-1-203 activilies which could be perfo::med separately by each Party.
Accordingly , II is agreed and understood for purposes of the Colorad o Constitution, Anic!e X
Section 20, and the Co lorado Springs City Charter, !hat any fees contributed or paid, or
otherwise provided by nny Party to th is Agreement to another Party 10 this Agreement are and
remain an ell:pend iture of tile co ntributing , paying, or otlierw ise providing Party , and are not
revenue or expe nditures of the reccivmg Party .
SECT ION 5 • 11-I E TASK FOR CE:
5.1 The Tas k Forc e:
a) TI,e Colorado lnteme1 Crimes Against Children Regional Task FOi(.C is hereby
created , Each Party to this Agreement shall be a member of the Task Fe: ~e . The Partie s agree
that th e Cit y shall be the lead agen cy through he Colorado Springs Pohce Department
(CS PD)
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b) Addmonal fode:-al, mu:11c1pa:, and c,unty age :1c1e s ma)' he;ome Pa111c~ lD this • Agre:menl wuh r.:,e Cl':-isen• o( :ne CSPD clue: Ntw m,mber.-shal: obtnin appr~val of um Agreement b) their governing b:>d) 1r. ac.:ord with Sec:ion 2Q. J .2Ca C.R.S or, if tedcral. ;n accord with federa. rci;ulauon 'Jpon apprnva ., a s1gnamre shu:t shali be ntlached and added to thi s Agreement, sismfyini: mem~rship, an d the Cny shall notify all Parties of the new !'"1) membership. 5.2. The mission of the Task Force shal l be ,o:
a) Share intelligence gathe."Cd by the Parties relaung 10 internet cri:nes committed
against children;
b) Make inter-jurisdictional arrests of suspects;
c) conduct training;
d) provide pubhc education on internet safery and preventive measures;
e) conduct joint open and undercover investigations penaining to internet crimes
against children.
5.3. Meetings: Meetings of the Task Force shall be scheduled by the City, which will
provide adequate notice for time, date, and location. Each Party will send a Designated
Representative to attend meetings. Each Party shall ensure that it is represented at least twc
meetings per year. The purpose of the meetings shall be to share informat' -i, coordinate
investigations and facilitate accomplishing the Task Force's mission. Eacn Party shall
cooperaie with the City to provide information needed for City reports to the U.S. Department •
ofJustice.
5.4. Operations • The Parties may share investigative information on a daily basis in accord with
Colorado Law. Peace officers from the Parties may engage in corporative investigations, both open
and undercover, involving each other's jurisdictions, with the consent of the chief peace officer, of
jurisdictions involved However, when physically operating in a Jurisdiction other than the officer's
own jurisdiction, an officer shall be accompanied by an officer of the j urisdiction in which the
investigative activities are occurring. For pwposes of this Agreement, "accompanied" in the physical
presence of for purposes of open investigations, nnd shall mean an officer within supporting dtStancc
of the investigating officer and actively participating in the ;nvestigation activity for undercover
operations. In the event that a raid or arrest is carried out by Task Force officers, the lead officer and
=ting officer shall be an officer of the jurisdiction in which the raid or arrest lllkcs place: the
officers of other Jur1sd1ctions may assist
5.5. Fundini,.: Federal funding is not requirr,d for participation in this Agrccme11L
However, the City has received Office of Juvcn,ile Justice and Delinquency Prevention
(OJJDP) funds from the federal government. The City may continue to apply for this funding.
The City may, at its sole de1crmination. make sub-grants of these federal funds to various
Task Force members. In doing so, the City shall determine wba1 equipmcnl and cash
payments will be provided 10 a member, and the use of that cash or equipment. The City shall
provide the grants and or cash by an annual leller, No further action or Agreement will be
required b)' the governing body of the City or the receiving pany to effectuate the gran t •
tre.-isfcr The C1:y shall retain ownerslup of the equipmcm, wuh the beneficial use being held
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t,l th~ Part) ,n tile evenl the using pan) withdraw; from th,~ Agrt~mcm 01 cease;, in 1he c,;y'> sole op::uon, 10 ncuvcly paruc1;iate 1r th~ Agreement. then 1he equipment provided under •h1E µrtl\':sion or acquired with cash provided under tlm, prov1s1on shall be returned 10 the Ci1y Mtlun :h iny (30) days ofwrlllcn demand by the CIIJ', unless the C11y otherwise elecL~ to IJ'lUl~fer ow:1ersh1p of the cqu1pmtn1 to tbe using pany by wntten notice All Jeuers prov1dmg grants o[ equ1pmen1 or cash and all leUers transferring ownership of equ1pr.,cn1 10 Parties, sball be attached 10 this Agreement as sequenually numbered Aruichments. 5.6. Equipment: Upon tcnninat1on of this Agreement, all vehi cles and other personal
property equipment procured by any Party pursuant to sub-grant funding by the City pursuant
to thi s Agreement shall be and remain the property of the C11y unless the City otherwise
direc.ts in writing.
SECTION 6 · GENERAL TERMS AND CON DITIONS:
6. J. Assignmem. A Party shall not assign or otherwise transfer this Agreement or any
ri~ht or obligation hereunder without the prior wriUen consent of the City.
6.2. Law: This Agreement is subject to and shall be interpreted under the law of the Stale
of Co!orado, and the Charter, City Co<le, Ordinances, Rules and Regulations of the City of
Colorado Springs, Colorado, a Colorado Home Rule City. Court venue and jurisdiction shall
exclusively be in the Colorado District Court for Ei Paso County, Colorado .
6.3, Appropriation and Availability of Funds:
a). Appropn,ll:!on and availability of funds • Toe City 1n accord with the Colorado
Constitution, Article X, Section 20, and the City Charter, performance of the City's
obligations und:r this Agreement are exp:cssly subJect to appropriation of funds by the
Colorado Springs City Council. Further, in the event that funds are not appropriated in whole
or in part sufficient for performance of the City's obligations under this Agreemem. or
appropriated funds may not be expended due to Constitutional or City Charter spending
limitations, the~ the C11y may terminate this Agreement without compensation to the other
Parties
b). Appropriation W)d availability of funds -Colorado governmental entities: ln accord
with the Colorado Constbtion, An1de X, Section 20, performance of each Party's obligations
under this Agreement are expressly subject to i1ppropriation of funds by the Party's governing
body. Further, m the event that funds are not appropriated in whole or in part sufficient for
performance of the Party's obligations under this Agreement, or appropriated funds may nut
be expended due to Constitutional Article X spcllCling limitations, then the Party may
terminate its parucipation in this Agreement without compensation to the other Parties.
c). Appropriation and availability of funds -federal agencies: The perfomia~ of a
federal agency's obbgations under this Agreement is expressly subject to oppropriohon and
availability of funds for tl1at purpose
( t ln1ellectu·tl !'roper:y P.1f!bts To r Parties hcrchi· agrcl, aud ad J u>w)cd~c . 1hat ull • pr:idu u. nems wrmngs. ·s1Bns, models cxumpl c~ o; othci w:d . pcodu.1 pruducerl parsuan1 10 th1~ ln1ergovcmmcntal Agrecme:n are and s4 11 be the pmp:rt) of th! r:u), e.~d tha1 the City owns, has, nnd possesm any and all (1wnersh1r nghL~ dnd m1ercs1s w any intellectual pcc>pcn)' made. or prod uced und er or pursuant 10 lh1~ l11tcrgovernmental Agreement, including any and al l ropyn~l. trademark, or patent n i;hts, and that compensation t<• a Pany for Agreement and ncknowledgcment of this INTELLECTIJAL PROPERTY RI GHT section of this Intergovernmental Agreement 1s mcluded in the Co11s1derauon rendered to the Parties by
the Ci1y in agreeing to this lntergovemmelllal AgreemenL h is the intent of the Parties that
the City shall have fi,]l ownership and control of the products produced pursuant to this
lntergovernmenllll Agrecmcnl, 11nd each Party spec1ficall) waives and assigns to the City all
rights which the Pany may tu.vc under the 1990 Vi~ual Artists Rights Act, federal, and state
Jaw, as now wriuen or later amended or provided . In the cvcnl any products, items wntini;s,
designs, models, examples, or other work produc1 produced pursuant to this
Intergovernmental Agreement is deemed by a court of competenl jurisdiction nol to be
transferred to or owned by the City, this fNTELLECTUAL PROPERTY RJGHTS provision
shall act as an irrevocable assignment to the City by the Parties of any and all copyrights,
iradcrnark rights, Qr patent rights in the products, item.< writ;ngs, designs, models, examples,
or other work product produced pursuant to this Intergovernmental Agreement, including all
rights in perpetuity. Under this irrevocable assignment, each Party hereby assigns to the City
the sole and exclusive right, utle, and intcresl in and to the products, items writings, designs,
models, examples, or other work product produced pursuant lo this Intergovernmental
Agreemcn~ without further consideration, and agrees to assist the City in registering and from •
time to time enforcing all copyrights and other rights and protections relating to the products,
items wntings, designs, models, examples, or other work product many and all countries. It
is each Pany's spectfic intent to assign all right, title, and interest whatsoever in any and all
copyright rights 10 the products, items writings, designs, models, examples, or other work
product produced pursuanl to this Intergovernmental Agreement, in any media and for any
purpose, mcluding all rights of renewal and exteDS1on, to the City. To that end, each Party
agrees to execute nnd deLiver all necessary documents reques<ed by the City in connection
thcr~with. and hereby grants to the City all rights 10 execute, register, and file any such
app .. catio::is, and to do all other lawfully permitted ac:s to funher tne registrauon, prosecllllon,
issuance, "t:newals. and e>.:1ensions of copyrights or other protections With the same legal force
and cfTect as if executed by each Pany; further, th e parties e,:pr<issly agree that the provisions
of this INTELLECTIJAL PROPERTY RJGHTS ste!ion shall b~ binding upon the panics and
their, successors, ru,d assigns
6.5. Termination· The Cny may terminate this lnlergovcrmncntal Agreement for conveni ence
upon thiny days prior wnncn notice 10 the Parties, without compensation to the Parties Any
Pany may terminate its participatmn 1h1s Agreement for convenience upon th1ny days prior
written notice to the Cily and re-payment t o the City of all unexpended funds provided to the
Pany undet this A11•eemc.nL
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tJ r Lc,cal O,n.oem TI1e pal11es u~ree and ,dJt~wlcdge lhat tht ac11v1!1c, contained m th1; Agreement arc matte!'\ ~f 1uea; cD~cc,n c,nl) .:nd tha· the ParJe• hive mutuall) JOmed together for the pe:formance of the matwr.• I local co ncern , and that no:hing m this Ai::rcement shall :ir !:>o cc,nstrued"' :nal.:~g nn) of the local conce:ns cc,vcred herein mauert of mixed concern nr st~lew1de concc~n 6 . ., Enure Agrcemenc. Th15 Agretmenl, together with all exhib:ts attached hereto. :onsututei the entire Agreement bc1wecn the pai1ies hereto, and all other rcpresentntions or staiements
heretofore made, verbal or wrmcn, are merged herein, and lh1s Agreement may be amend ed
only in wriung, and executed b) duly authorized represenuwve.• of the parties her-..to.
6.8. Nonwaiver of Rights· No waiver of default by the City of any of the tcnns, covenants,
and c:indi tions hereof to be performed, kep~ and observed by any Party shall be construed., or
shall operati:, as a waiver of ai1y subsequent default of any of the terms, covenants, or
conditions herein contained to be performed., kept, and observed by that Party.
6.9. Force MaJeure ; In the event of either part) bemg rendered unable wholly, or in part, by
force majeure to carry out its obligations under this Agreemcnl, other than its obligations to
make payments of money due hereunder, then on such party's giv ing notice and full
particulars of such force majewe in wriung to the other party as soon as possible after the
occurrence of the cause relied on, then the obligation of the party giving such notice, so far as
it is affected by such force maJeure, sball be suspended during the continuance of any
inability so caused, but for no longer period, and such cause shall, as far as possible, be
remedied with al l reasonable dispatch. The ierm "force majeure" as employed herein shall
mean acts of God, acts of the public enemies, wars, blockades, msurrettions, riots. epidemics,
landslides, lightning. earthquakes, tires, storms, and floods.
6.10. Headings: The headings of the several anicles and sec11ons of this Agreement are
inserted only as a matter of convenience and for reference and do not define or limit the SCOJ>C
or intent of any provisions of this Agreement and shall not be construed to affect in any
manner the 1erms and provisions hereof or the int1:tpretation or construction thereof.
6.11 lntcgrallon This is a complete!) integrated Agreement nnd c.ontams the entire
Agreement between the parties Any prior written or oral Agreements or representations
regarding this Agreement shall be of no elTect und shall 1101 be bindmg on uny Party or the
City. Further, each Party nnd the City acknowledge and agree that this 1s a negotiated text
Agreement, ai1d that ru, sucb no term shall !X'. conslrut:d against the City as the author thereof
6.12 No lb1rd Pany Beneficiary lt 1s expressly widerstood and agreed that enforcement of
the te1ms and cond it ions of this Agreement, and all rights of ncuon relating to such
cnforocment, shall be strictly reserved to the Pan ies hereto, and nothing contained in this
Agreement shall give or allow any such claim or right of action by any other or third person
or entity on such Agreement. It is the express intention of the Parties hereto that uny person
or enuty, other than the Parties 10 this Agreement, receiving services or benefits under th,s
Agreement shall bt deemed lo he incidental benefic1ar1es only.
6.13 Waiver TI,e pro1•1s,on of services under this -.greemcn1 1: foi the bencfn of th. membc1 Pan,es . Accordingly, Each Part) does hereby ..-~ivc, remise, and release any claim, n!!hl. or cause of acuon 11 ma)• have, or which ma} occrue m the future agamst U1c C11) an~mg m whole or m pan from this Agreement 6.14. Compensation: E.AecpC as otherwise stated m thts Ag,-ecmem, no Party ID this Agreement shalt ~ required :o pay any compcnsat,on to another Party oi another
Party's personnel for an)' services rendered hereunder. Nothmg m this agreement shall be
conslrUed to place the personnel of any Party under the control or employment of another
Party. Each Pany remains responsible for all pay, entitlement, employment decisions,
and worker's compensation liabihties, for its own personnel. Nothing m this agreement is
intended to create or grant to any third party or person any right or claim for damages or
the right to bring or maintain any action at law, nor does any Party waive its 1mmum11cs
at law, mclud ing immu111ty granted under the Co lorado Governmental Immunity Acl.
6.15. This Agreement has been approved by the Parties in accord with Section 29-1-203
C.R.S. by a Colorado Springs City Counci l Resolution, and appropriate gove,ring body
resolution of each Patty as provided under Sect ion 29-1-203 C.R.S., or federal
authorizntion, to be attached for reference hereto a.s Exhibits A, which resolutions
authorize U1e signarures below.
FOR THE CITY OF COLORADO SPR.Il'JGS:
By~#
· Ci¼teiRivera
this /~t,{ day or_..;O:::..·-· ._, __ • 2000
Mayor
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SIGNATURE PAGE
200..Y
(Seal)
f'OR THE CITY Of' E1''GLl:,WOUD :
By:
2008 .
--e----------this __ day of ____ _
James K. Woodward, Mayor
Attest:
Loucrisbia A. Ellis , City Cle.Jc
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COUNCIL CO M M UNICATION Date: Age nda It em: Subject: October 6, W08 11 a'"' lnlergovemmenlal Agrl'e men1 between lhe City and State 01 Colorado: 1(l08 lnsulat<' Colorado Program Initiated By: I Sta ff Source:
Community Developmen1 Department Janet Grimmett, Housing Finance Specialist
CO UNCIL COAL AND PREVIOU S COUNCIL ACTION
At various meetings and the Counci budget retreat held September 20, 2008, Council a1SCUs,ed
participating in lhe Governor's Energy Office Insulate Colorado Program offered through lhe State
of Colorado.
RECOMM ENDED ACTION
Staff recommends Council approve a bill for an ord inance authorizing the execution of lhe
Matching Grant Application and Agreemen t for the 2008 Insulate Colorado Program for Existing
Homes.
BACKGROUND, ANALYSIS, AND A!LTERNATI VE S IDENTIFI ED
In April 2008, the Gove rnor's Ene rgy Office (CEO) l,1 un ched the lnsula 1e Coloradr, program by
awarding $4 16,000 in fund ing to 43 p rogram sponso rs, Du e to increased ln teres1 from addi tiona l
local governments, CEO has issued Round II Ma tching Grant Applica tion to all Co lorado cities,
counties, and uhlities wishing to join the eXJsting prol!l'am as a participa ting 2008 sponsor.
GEO works closely w,lh Colorado par1ners to ,urport the proper installation of l,1sulation and air•
seal ing measures In Colorado homes. The program arms to increase consumer awareness of
residential energy efficiency o ptions and ac tively promole the ins talla tion of additional whole-house
energy saving meas ures. Matchi ng Gran I AppliCil llon requests may be rnade for any funding
amount up 10 a maximum of $25,000.
To participa te In the prog,am, a homeowner mus ! work wi th an eligible insulation contractor and
reside wi thin a participating partner's offlcl,,I jurisd,clion . The eligible insula1ion conlractor must
corrE,Ctly install insulation to a determined performing R-value (as recomrrended by 1he 1006
International Energy Conservalion Code), in l'l lhPr the home's attic or exll'rinr walls, as well as air•
seal all a ppropriate areas. Upoo completion, 1he homeowner must complete a rebate request form,
attach copies of th e contractor's official work Invoice and insula lion-card, and submi t lo lhe
partici patin g par tn er fo r payment. Approved requ ests will allow lhe panner to provide th e
ho meowner with a rebate of eith er 20% of the to tal quali fi ed onsula1ion cos !, or $300, whichever Is
less. Reba 1es are to be distri bu ted on a Orsi-received, first-pai d process, wilh 1he program dosing
\\IH!n llmd!, ,lrl.' nu l,mger ,1\,1t l,1hlr. Reb11tp, ~1Ie hm1tt>d lo orw fHII .1ddrt•;1,~ 111,mem, 11t'r, lhom,111~ • to ~eh•in~tl1II or u~t 1 ~, '111 ,n~hHrhlt••· 1rn,ul.1 t1tHl Loll lr,1<.tor \\ 111 not qlMlif\ 111 n•i t•1, e lht! rt.ill.lh' 1rorn the ut\ p.,rtnt'r Tiw CLO states th.1 1 Xcel Erwrm wrl l lw off Prmg ., ,i111 1l.ir rn,11J.111 r,11 reh<lle progr,1111 pro1inwd to start ,n JJm1ary ~OO<J lnr the x~~I sen'ic,• M<•,1 Xcd's program" ill 1101 onh ~O\ er the 1nsul.11111n reb.ilt> prowam. but will ,1lso me.lode r(>l1.1lt1) ror purdusn 01 E11l•rw-St,lf Jpph~1nces. \\1ndnw~. ell The cro 1s requesting that rnmnnrnitres ir1 the Xcel scrv,ce MPa <1pply for ,m.,IIN gra11t mu11 i~s. A
SS,000 match "as suggested to .,ct as., "bridge• progrnm until Xc el's progr,un 1s up ,,nd running.
An .ipplicahon staling the amount 01 the m,1llh dollars 1s all th..u 1s needed to s~ure the gra111. The
GEO would preter to ha,e Jhe program ava1l,1ble to all resodents In the conum1111ty. Oie GFO did
not recommend (ed~ral monies as a match that wm1ld res trict th e eligible pJrflcipant,.
Once the application is received b\ the GEO. a Purchase Order will be amoma11call1 appro1 I'd that
\\ill be used for reimbursements of the insul,11io11 rebJtes issued 10 homeowners. The GEO's grant
program can overiap with th e star! of th~ Xcel progr,un u111 il all monies are expe nded. Once the
Xcel program Is fu lly opera ti onal. the GEO w,11 focus Its cu rrent program monies on areas that are
outstde of Xcel' s sen ice area.
Based on the GEO's reco mmendation or a to tal $10,000 reba te program, ave raging S200 per
home, the program could a\si.11 50 families in the City o( Englewood
FINANCIAL IMPACT
A SS,000 match is required to recei\ ea SS,000 grant from die GEO. n,e eMsting employees in the
Community Development Department are ,11 ailable to administer this agreement. TI1ere are
sufficie nt funds In th e Depart ment budget to lmplemen l th is program .
LIST OF ATTACHMENTS
Bill for an OrdinarcP
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ORDINANCE NO. SERIES OF 2008 BY Al TH ORITY COUNCIL BILL NO. 71 l'ITRODUCED BY COUNCIL MEMBER ____ _ A BILL FOR
AN ORDINANCE .\UTHORIZING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN Tl IE CITY OF ENGLEWOOD, COLORADO. AND THE STATE OF
COLORADO, AUTHORIZING THE EXECUTION OF THE MATCHING GRANT
APPLICATION AND AGREEMENT FOR THE 2008 INSULATE COLORADO
PROGRAM FOR EXISTING HOMES.
WHEREAS, 1hc Gov~-,,or's Energy Office {GEO) launched .he Insulate Colorado
program in April 2008 by awarding $416.000 in funding 10 43 program sponsors, and
GEO has issued Round II Matching Grant Application 10 all Colorado cities, counties and
utilities wishing to join the existing program as a participating 2008 sponsor; and
WHEREAS. GEO works closely with Colorado panners to suppon the proper
installation of insulation and air-scaling measures in Colorado homes, to increase
consumer awareness of residential energy efficiency options and actively promote the
installation of additional whole-house energy saving mec..,ures; and
WHEREAS, homeowners must reside withi n a panicipnting partner's official
jurisdiction and work with an cl ig1ble insulation contractor who must correctly inS1all
msulation to a determined R-valuc as recommended by the 2006 International Energy
Conservation Code;
NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD. COLORADO, AS FOLLOWS:
Section r. The Intergovernmental Grant Agreement bdween the City of Englewood.
Colorado, and the State of Colorado. pcnaining to the Governor's Energy Office Insulate
Colorado Prob'l'llm, nttachcd as "Exhibit A .. , 1s hereby accepted and approved by the
Englewood City Council.
Section 2. The Mayor 1s authorized to execute and the City Clerk to uttest and seal the
lntergoverrunentoJ Grant Agreement for and on behalf of the City of Englcwooo. Colorado.
Introduced , rend in full, and passed on firS1 reading on the 6th day of October. 2008.
Published as u Bill for nn Ordinuncc m the City's official newspaper on the 10'~ day of
October. 2008 .
rubhshl'll as J Rill for ,111 Onhnanc~ on the Cuy·s oflicial website heginnmg on the 8th • da) of 0ctobl'1'. 20llh for thin) (30) day,. ATTEST: Jame,; K Woodward, Mayor
Loucnshia A. Ellis, City Cl erk
I. Loucrishia A. Elli s. City Cieri( of the City of Englewood. Colorado. hereby certify that
the above and foregoing is a true copy of a Bill for an Ordinance. introduced, read in full, and
passed on first rending on the 6th day of Octobe r, 2008 .
Loucrishia A. Ellis
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Matching Grant Application (RII) The "Insula te Colorado" Program -Matching Grant Application -
ROUND 11 Funding
The 2008 Insulate Co lorado Program
Fo r Exi st i ng Homes
El/g(ble Responders:
All Colorado Cities, Counties ft Utilities
Offered By:
The Governor's Energy Office
Pt1 ()0)1 Kt 2 ,oo
F1 r>Oll * 1110
,...sftldtlR!:S:::ttll
Matching Grant Application (RII) The "Insulate Colorado" Program Section : A llcant Information: . This section should include all cities, counties and other organizations applying for the matching grant. Partnerships are not roqulrod , as a cit y or counly may request consideration for matching f unding lndopondontly; allhough for re asons of cos t-sharing as well as cooatlng a stronger regional presence, forming stral oglc multi-city and county partnerships aro encouraged.
City of Englewood
CoolKI Reprosonl,ng C,y/County~•1111ot""'
Nom1 . _J_a_no_l_G_n_·m_m_e_t_l _____ _
M>lllng Addte,s.
ctr Erglewood
1000 Englewood Pkwy
Phone 303.7622349
CttyJCounry/Org01'ZaUon Namo.
C.,,,«11l,p,,,entr,g~MJO/I
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Job TI"• Housing Finance Spac,ahst
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Emil 19rinvnettOengtewoodgoY.org
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F•l>OlJN6lt>O
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Matching Grant Application (RI!) The "Insulate Colorado" Program Section II. Im lementatlon Plannln Checklist · F0t 1hts checkhs~ gran1-appl,caots should odenlily th0tr planned aclMloes lor the 2008 Insulate CQlomdo Program GEO rec.:,gn.:es 1na1 each crty. county o< u11hty will have uruque resodent1al market condn,ons and demograoh,cs, and are therefore encouraged to create a cuslonuzed lmple,ncnta11on plan based on available resources and budget. The quallly of the plan proposed on tnis checklost wd be a determining loctor for lundmg considerations If approved, the applicants proposod plan will be
,ncorporaled into the Purchase Order lo accompany funding A recommended hsl of activities has been
provided . although proposing 111nova11Ve aciMbes III place of what ,s presented rs recommended
Malching grant lundlng is Intended to be prrnarily used to disliibule ·rebates" directly tu homea,,ners
wittun approved 1unsdrcbons A portion or the apploc.ants matching funds may be allocated toward any
administrative cosls the city or county may experience When se lecting or proposing activities. applicants
should be aware of the total budget they are prepanng so as lo not under or over eshnnate resources
The total budget 1s equal to grant funding amount plus the equivalent city or county match.
Pleass check which ol the following ,clivitres /he city our coun/y wil be unplemenling ,n suppo/1 of tis
regional lnsufaln CoJon,do Program.·
0 Working wrth GEO's regional representawes to identify local lnsul3toon contractors to co<nplete the
el,giblfrty seminar and participate In the Insulate Colorado Program.
O Helping to coordinate a haff-day GEO-spons0ted seminar for local 1nsulat1on contractors to learn
about the program's technical and administrative participation requirements, (this may include faciilty
klentd"rcatlon arid related event logistics).
O Serving as a reglooal mformatlon source for all locai insulation contractors and holll'!OWne1s
pan1C1Pahng 111 the Insulate Colorado Program
EJ Promoting t~e program voa the cijy or county's website to homeowners, as well as P' Jvod,ng
hcmeowners With contact mlormatoon of eligible lnsulat10n contractors.
EJ Printing and distribulmg Insulate Colorado Program rebate forms 101' homeowners, these lonn• may
also be posted for homeowner download on the partner city or county's webs,te
EJ Processing al rebate payments 101' homeowners submrtbng completed forms and reqwed
documents
EJ Track11g (Via su~ed spreadsheet), homeowner names and address for an tssued rebates, and
submitting to GEO on a montn ly basis f0t inclusion 1n the slalewide program
0 In pannersh1p with GEO, suppon a regional Measure & Verifoc~llon program protocol planned /or 5%
to 10•~ o/ homes that we,e ,ssued rebales
El Other Planned Acllvihes
'811dgo" prograr., unlit Xoel Energy's program II available
11w Qo.•1nor'1 Efte'lly Ofr<,e
1*~1nsi,,-.. S...100
o.,we.. C0.0:0.l
P\ fJO]I M&--:,ot
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Matching Grant Applicati on (RII) The "Insulate Color ado" Program Please bnelly oescribe ha..\/ Iha aty 01 count)' rnends to manage/admm,s1111 rebates to hom!!OWners sut>m,mng completed rebate request loons ani proVld,ng WOii< documentahon The ex,stlng stall of the Community Development Dept. of the C,ly of Englewood w,11 admln1s1er and manage Iha rebates lo homeowners, A separate account will be established wilhin lhe finance department lor the rebate funds. CO staff w,ff receive the documents from Iha homeowners estabt1srung lhat all required dOcuments ere
property completed Names wll be tracked on Iha supped GEO spreadsheet to be
repo<ted monthly Homeown&1 refund checi<s wtl be processed and mailed for
ollglble homeowners through Iha City's e»sbng 1equis1bon sysl&IO based on the 20%
refund 01 $300 maximum Hmit CO stall win also request reimbursement from the
GEO for l he Issued refund checks to homeowners, Mall<eting ol the program will be
done through Iha bi-monthly citizen's newsloUer and through the City's websit~.
1. \\Ill the ln$1.llale Colorado piogram/rebate be opetaled Ill partne!'Ship wrth another existing home
enetgy effdency program or rebate offering (such as Home Performance with ENERGY STAR)?
D yes E]no
2. If yes, please briefly describe the program and how the city our county plans to incorporate the
Insulate Colorado Program Into this affihaled program,
3 Does Iha city or county plan to substitute the GEO-sponsored half-day program training for ln~ulalion
cootractors with e different training 01 con tractor certification requirement D yes E]no
4 If yes. please boeny describe the training or certifocahoo the aty 01 counly w 1I be using
Thc Gow,W, E..-gy 01kt
ISltl..,.kut S...100
°""'91:.COIOlO>
Ph flOl) Nl-:tOO
Fa Pol) 116-?UI
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Matc hing Grant App l ic ati on (RII ) Ei1efg'y Office The "Insulate Colorado" Program Se,:tlon Ill. I.latching Grant Calculalion · A combined matching granl rcques1 up to $25,000 per applicallon Is avallablo. ~-"~ rogues! matching funding In any amount. so as nol lo exceed lhe $25,000 This socllon ;;hould Include l he malc hlng conlrlbutions from all clllos, counties, and Olher organlzalions applying for 1he ma1chlng gr anL
CCylC<uUy/OIVaOll•"°" N.,,_ C<ty ol Eng,ewood
(a ) Pianned '"ICIW,g FlnancJOI Coolrtbilllon
c11y/Co~1yl0fganll1llon Name,
ctylCOU\l)'/Orgarl:IIJon ......
(c.) Plam<d MIICl>lng F1111n081 ConlrillUllon
CIOylC...,1y10ivanl21llon Name
(d.) Plamed Mololq Flnandal Conlrlbu41on
(o,) TDIII Comlllned Mal~ C.ty/Caunty ConlrlblAlon, (1 + D • t •d)
(l.).Tolall,u1chhg Gin..,_ Reque,IOd ~OfllGl:0. (• 0>a11101,t1r1eJ
(ll,) TDtal lnstAIII Prugram Budget. (e • Q
I 5,000.00
I 5,000.00
s 5,000.00
I 10,000.00
Of Ifft ro:,r Sudgf( Pnw:nted ii CR J Pleau C,.1:ulffC ,,,, EJhmsted Nvmbft of Hpmcownft Btb§IH m, Ptog,pm WW tssvr
(n ) Ellmalad 21)1)1 Reblleo, (• 10 g/200, 1nume ovg of $200 por home) 60
Socllon IV. Signature
Slf!Ce all 1ubmt!islon1 of this 1ppllcaUon wiU be mado electron1c.ally, no officlaJ 1lgn1ture 11 required. For
this soctlon, pl oaso lndlcale tht name of the lndlvldual complotlng tho appllcaUon ind the dato Is was
prepared.
_.,Sul>mll1Jn9,,,.Appkotot
N a~mmJ:!eci:S□Rt:::::Jwoo&:~Zl'ili.1!llt1:?t:Cdt:;,:::liMlla(ly;zl65'tr--Job Tit.c Mayor pate: .. _ _. ... 1000 Englewood Pkwy
Cky· EnglewOOC!
PhOfle 303762-2346
Zip Code _e_o_, _IO ________ _
1 n• GO"'trnoi-1 EM'"' one.
\SBO \'-"Otn $1."Hl. S.W. 100
O.W.. t O KlOl
Emil awhltoOenglewoodgov.org
Tf11t1~ You tor Submlllmg "'° M,tchlrtQ Grant Application/
Ph (303) lff•1lDCI
r • (JOll 1&6-:1t3D ---
CONFIDENTIAL MEMORANlll:'1 TO: Mayor Woodward EnµIC\,ooo Ci1y Cooncol Mc'lllber. FROM: Na11cy Re id. Ass,sinm City A11omcy DATE: October 6. ~008
REGARDING: Correc1ion for Agenda 11cm I lb,• ··Boardmg or Rooming Houses··.
The ,·crston for I" reading was inadvenently put tn Cooncil Packets as I !bi.
Allaclll"ll 1s lhe correcl vmion ofC.8. 38 ~ on Scp1cmbcr 15. 2008. The correcl amended
version wns properly and timely publishc-d for linnl rending.
Please replace I lbi "'Uh this comctcd version m torughrs packet
Auachmcnl
NNR/nf
BY AU 11 JORI/'\' ORDINANCE NO SERll,S OF WO~ COUNCIi Rill NO . 3k INTRODUCED BY COUNCIi MEMBER WILSON AN ORDINANCE AMENDING TITLE 16. CHAPrERS 5. 6, AND 11, Of Tiff
ENGLEWOOD MUNICIPAL CODE 2000 RELATING TO BOARDING OR ROOMING
HOUSES IN THE CIW OF ENGLEWOOD. COLORADO.
WI I EREAS. ii is onue1patcd that boarding or rooming houses will hove the chnmc1erisucs of a
residen11al use rathcr1han a commercial use bec:iusc of the cx1cndcd dur.ltion of 1he boarder's stay;
and
WH EREAS. limi1ing the number of b'llCSI rooms 10 four (4) guest rooms in addtl ion 10 the rcsidcm
household keeps the clfcc1s, such as 1n1ffic. tr3Sh and noise 10 a nummum: and
WHEREAS. requirin& Boarding or Rooming Housci. 10 apply for and maimnin a Conditional Use
Penni!. keeps any dclc1erious elf ee ls 10 n minimum and thus proiecls the essentia l chnrac1cris1ics of
1he residen1ial neighborhood: and
WHEREAS, 10 be "grandfathered" wKler this Ordinance, the owner must show tha1 they were a
boardin~ house prior 10 the adoption nfthe moralonum, similar 10 1he provmons adop1ed previously
concerning auto dea lers: ond
WHEREAS. the City does llOI CWTenlly license this USC nor dues II I a\'C. way or de1erminmg
how many boarding how.es mee1 qualifici111or.s for s,andfa1hcnng.
NOW. THEREFORE. BE IT ORDA IN ED BY TIIE CIT Y cour.CtL OF TII E CITY 0 1'
ENGLEWOOD. COLORADO, AS FOLLOWS:
~ The Cuy Cooncil of the C11y of Englewood, Colomck, hc·,-by authoritcs amend mg
Tille 16, Chapter 5. Sccuon I.I "Tahir Of Allowed Use.<'' of lhc l;n~lcwoud Municipal Code 2000 lo
read us roll ows:
16-5-1: Tahi r of Allo,.t d Usu
TABLE 16-5-1.l. TABLE Of AU.OWED USES
r -rERMITil:D USE(' C'ONDmONAL IJSE A• AC'rFSSORY USE T TEMPORARY lJSE l LI MITED USE C'-A •
1\C'C'ESSOIIY USE APl'ROVfU C'ONU!Tl()NAl.LY l.·A • AC'('l'SSORY USF APPROVE!) WI !ll l!MtTED USU l'IIOCEDURE
Rcsldcnual Norm..1ident11I
Add,cional ,
u .. c.1<ll"'Y l >< Type MU MU
Rcg11l1tion
R R R R R MU MU T I l s
I I l 2 2 R R u 0 s I 2
A 0 C A 8 3 J I 2 A A 8
l
I RtSlllENTIAI USES C, .. p 11¥111i forllhi. C C r I' 16-5-2.A.I l1r1rl1pttl1I Group u~iOl CrHp lh•tna: fadlll}., r p I' p p p r p r p 16-S-?.A.I small S m1II trt'IU1H1 nl C C C'tnlu r r 16-5-l.A,I
U•ot/work d•tlllng p p L L 16-s-l.A,l
Muur1t:1urtd homt' I' 16-5-2.A..l
park
Mul1l-uall dwtllln& p p p p p p 16-5-2.A,4
Oflt-uolr 1u1chtd p p p p p p
Haunbold U v1na dwtlllna
Oat-anll dttad,td p p p p p p p 16-S-2.A.5
dwtllloa
Ont-unit detac.hecf p p r r p
dwtllln1 •1111111U p p ...
Tw•uall dwt lllng p r p p r 16-5-2.A.6
laKlllal.lu: ' ' ' I: ~ lh11111l111UD111K
PUBLIC/INSTITI/TION/\L USES
Animal Shrlttr' Not-for-proOI p p
anlmal sMlttr
Eme'lHCY Ttmponry floatla& Dtlltr, C C Sht lttr food 1htlltr
All ocbtr btllldloc,
Go~C"rnnwn1 and City Hd facllldts noc p p r p p p p
spec:IONI undtr 1hr p p p p p
Publlc/lnllllutlon,t
Utn talfSOry
Library Publk p p p
Muw•m'Caltural AIIUJ,. r p p p r
Aihlrtk t1tld C C C C C C C C p p
Park and OP'ft Spa« CommHll}' &•rd.ea C C C C C C C C
Park r r p p r p p r p r p r
Rtllglous l1111'1ullon1 p r I' p p
Rtll&loui Asstmbly 111d 1uod1trd p I' L L I. L L
lttft.lCH'J' •m
!othool Educark>ft p p p I' r r p I' tn,rll•rlon r C Ahtra1dn 10-..t-r p r p p p p p p p p r p f tlttom,n11nltallon IUVCIUN' fadlll) /SM Cll•plt, AnttHI 1►1, (mkro•l\f ■ntrnna. p p p p p p '"Tdtt.9"'•u1tlnlri11#.;.. SKlotlttd panl'I p p p p p r • for •r,,/kwblt •><-llllfftH,Mblp m.,r1 i11Wtli1to •"' Hltnnat ,,.,,,,,,Ii}
To~tr flnt<'furt
C C C C C C C C C C p p
RTO mal11tn■11tt p p
TrH:1port10on r1c1111y
F1,lllly
Traafit ct,.ltr p
Utllll)' h <lllty (not M-.lor •1l111y p p 16-S.l,8.I
lndudlna
ru1111y
Tt.ltc:ommunlc11lon Minor uolllly r1 clllly C C C C C C C F1clll1y) (II I prlnrlpal UH or C C C C C
l1nd)
COMMERCIAL USES
/\dull US< All l)'P,J II deOnNl
In Ch1p1tr 16-11 r p 16-S.2.C.I
Cn,nhou1dn11nrry,
Agrltulturtl Ust rtlsln& of pllOI~ p p 16-S.1.C.1
no"',ra. or nun,ry
llt>ek
Antmal 1hthtr p p
K,nadfda) an L p p
A•hul Sain and
S,r,itt Pe1 stort Oht ••lmal p p p p p .. ,,,
~m1H11lm1l p r ,·,ttrh••r,• hospft■J L p C
""""''
MW'fflhl) hafl or
ndllorium, hall I' p C r r
:n1111 ror rntttl•c•
ot sodtl ott.HIMs
Anffllbl)'
Mtmbmhlp
ora1nl1.a11on I' I' C I' I'
(Hd11dln11dul1
UH'!)
Dtfltndtnl tair• C C C C C 16-S.l.C,7 o,,,,ndrnt Cart rtnltr(ltu lh•n 24• r p I' I' C
hour C'■rf, an)' 1gr)
Enttrulnmcnl/ Amunmtnl C C C C C
An1usrn1rn1: Indoor t•~11bllf1•mtnl -
Pbyskt.l nctto,n p p p p p tfftltrl,pl Thnltr 1nd ptrfomu1tt/coorn1 p p ,t-1utr1 HC lndudhtJ p p p 1d11l1 tftli.'rtahunau r .. 1mafnrnt.nl/ Cnual OUldo« (' C Amu.fflllflll: Ou1door rrc:rntloe C
Cheek cuhloJ p p p
f■dllt)
Flnanclal hutfludon, p p
Financial loullutlon with drh·t-tbrough L
srrvklt
f11111d1I l11dt11doa. p p
wlthoul drive,. r p p
throuah urvltt
Br,wpab p p p p p
Ca1trtr p p p
Mlcrobrtwcry p p p
Food ud lltv,ncr Re.stauraat., bar,
S<rvkt tanra "hkor p p p p p
wllboul 01Udoor
operation,
Ra.11urut.,..,flll p p dri,-..Chl"Ollp L
urvkt
Takt cMU 111d p p ,I ddl...-r •Ir
Olnl< p p p p p
llnhb lrnlmHI p p p
/'t!tdlcal/Sdcntmc ladll17
Sc.rvlcc p p
llospllal p p
Laboralor)(dmtal, p p p p p p
mNllc•I nr optlc:al)
Offkt,C)pt I p p r p p
om .. (lffltnll
OffiCf1 l f pt l p p p I' I' r I' 16-S-!.C.8
(Umilrd l
Rnall Sain and Cnmatorlurn C
Stnict(rcrsonal
~trvkt)
ft . n . . . n
orrdtfon l) Instructional urvlu p I' I' r Mllsagf 1her1p) p p p I' p Mon11ry p Ptnott■I car, p p p p p
Servlu:
photograph y 11udlo
and phoco 11b, I' p p p p
uphol.Jt,ry, prlnlfr,
lodamllh, lallor
Tattoo aad bod)'·
pl<r<IDI r ,
n11blbil1DN1I
T,mporuy
tmploy~nl C C 16-5-
bu1ina:s 2.c.11
Rt.tall S■les and Equlpmen1 r,11111 L p p
Str\ll<t (R•p~lr ifid
Rm ul) R,palr ihop (ool p p
lodudiag IUIO}
p p p
AadqHJlOff r p p p ,
Anplltry p p p p ,
Aucllon houn p p p
Buy•b■ck ,hop,
1<eoad hand, 111r1n, p p p
coetlrwmt.a,
Cetn-c-lucr ston p p p p
Rttall Sain and Crocrry/sptd•hy p r p p
Str\'IU (Silts) food I I Drt-
p
Internet S•lts r p
l.ocatlon r
Uquor JIOrt I' p r p p
Pawabrolf'r p p p 16-5-
2.C.10
forTSA.
Pff<•
Rtt■II salr11 g,ntral I' p P/C p p 20,000 sq.
mtrc bandin r, .•
CII>
20,000 .. ,.
n. ore,ros,
lnublt Ooor ana S<bool Tr■dt or builntn p p l>-5-Khoot ,. ,. C l .C.ll Rodfo/1tl<vWoo su,dlo brnckndn,: sludio. ~ p rtt'Otdin&lf]lm p Sludfn
Au tomobllt r p lo-5-
p•wnhroker p l .C.10
AutomotlYt s1lcs1 p p lo-S,l .C.J
rental L
Automotln· Rnitt
ad rtl)'fr, fadudi1c p p
body or r .. dtr
'"°"'
Aulomotlve St.nit,
and rt palr, nM p p 16-5-l.C.t
lndudlac oody or L
r~ndrr ~-ork
AulomoLiYt sttvlc::t
111(101 (&11011.nt L p p 16-5-l.C.$
fod llty)
Vdllduod Car 'tttlk_ aato L L IH·l ,C.6;
Uflllpmn1 dmllln1 L l>-5-l.C,4
Commtrdal ,1 or11t
or open.bit ~·tblclts p p 16-5-l .C.3
Jiurl dlipenslng L p p
Parking (1clUty,
lfrwaart(optnbl< C C p p 16-5-l.C.J
>tbld,.).priodpal L L C ...
ParidnC am.
wrfart(optr1blt C p p l o-5-2.C.9;
n~l<l.,),prtndpol C L L C 16-5-l.CJ ...
Rtucatlooal vehldra:
and boatJ, Hits Of L r p
rtnt1J
Viii.tor Brd and brt■.klut p
AttlNllmOdalloo llo<tl p p
Wbol,..lt Salts: and p p
dlllrtbullon
MANUFACTU RI Nt;/IN DUSTRIAL USES
Indu strial Strvlrr I I I I I I I I I Ir I_L I • ft
llah1 (TM .. ,,, lndu~1rl1lst1,kt. r hn,) Manuruo1:rf•~ p p l ►S-!.D,< M1n11r1e1-.rlft •• C (TSA locl•dloJ Pr0<u1la1, IIJhl ... ,, F1brk.atlol, or Allrmbly Mt1111l1e11ui•t. r hta,')
Fu,l1ton1t L L
P..tlnl•flOfll:t! r1rlUt)' L p
Mo't'fn1111d 11ongt L r
W1rchou~t/S1or1ae Ou1door 1tor.aar I, p
S1or■at )'lrd (or
\'thldH, N}UI Jlffltnl, L I' l ►S-2,D.6
n1111ttrl1l 1 an d/or
1oppllt1
W1rehou1ln& ■nd/or L p
•IOrlCt
Au1omobll• C p l ►S-2.D,I
¥i n dclnsf utv•&t
)lrd
Commtrcl al C
lntlnrr1tor
Haardou, w-Htt C C 16-S-l,D.2
hudlln&
Rtt) din& ....,.,io.,
tit protffll11 omart
•ilhloH<IOMd
p p 16-S-l.D.5
\\'astt/Sth'IC~ Jln"un:
R1<1tffn1optr111oft,
-'OAMOf'"III C C 16-S-2.D.5 pr0Cflll■1 OC'ffn
OUltldt .. NdoRd
Jlratturt
~Hill")' Jtr1-kf C
Was:1t tr1n1ftr C C ,111lon(nof lntludlng
huardous was1,)
ACCESSORY IJSES -Stt Sttllon 16-5-4 for 1ddltlon1l rcgullllons
Home C■rt Ac.ctu:ory Adult dtptndtnt C-A A A A Usra: (Atc.tuory en A A A
Prl11rl1••I Ont"-Uni1 urt
Dw,lllna Um Onlr) -.. .. r
homr A 1nr1n111oddltr homt C· ,\ A A I\ A A A l .■l'Jt dtilld art 1.-t.-•~ I.• --A A A A ·--Ctrt-11ku's qunrr A A A A
Dormitory I A A A
Home «:cup11ioa A A A A A I A A lf>.s-4.C.I
MIIOr utllJty f1dlhy t.-t.-t.-t.-t.-t.-t.-L-L-L-L-t.-16-S-l.B.I (uaca:uoryueof A A A A A A A A A A A A
Ollltt A--,, u ... Ind)
Parking anti A A A A A A A A 16-5-4.C.2
(surf act)
Parking garage A
S1It l11Ie, dish A A A A A A A A A A A A 16-5-4.C.J
lll tHI
ScnlteHhsor A A 16-s-4.C..4
l1clllty
S..IIM>lni pool A A A A A A A A A A A A 16-5-4.c.5
TEM PORARY USES· Sff Stcdon 16-S-S for 1ddl1lon1l rr1ul11lon1
Car ~·u h T T T T 1· T T T T T T T
E1pt0.sloa or T T T T T T T rtpla<mlffllof T T T T
u1111,,r1c11111<s
Fannus martrt T T T T T
F'ood Yt:ndor C,,ru T T T T T
Mobllt 11ore1• (wllh T T T T T T ,.
or l\'llhout bulldlng. T T ·r T T
ptrml1)
Rtal nlalr uta or T T T T T T T '""•1 offttt (llfo T T T T T
moddbGmts)
0.ldoor Sala (t.a ..
ltll salts, p■rkhll
IOI ules, seasonal T T ulu, windshield T T T
n p1l r, u lt • from
rtI 1II ve ndor cart5,
ttr.)
~pttlll t'\C'Rt (t,f .. r T T 1 l nrnh•I. bllHr, T I I T 1 T T l1lr) Tt111~. tflnopln r T T T T T T T T T T T USES NOT St\" 16~5-1.0 l11r 11rorrtl 11rt, •nd t rl1trh1 for 111pnwln1,1 unll,ctd u,ts, lncludin~ unllm•d 1rrtS1ory ind MENTIONED ffnlj'Hlrlr) USCI,
Seel ion 2. The Cny Council of 1he Ci1y of Englewood, Colorado hereby nu1hori1.es amending
Tille 16, Chapter 5, Sccuon 2, "Use-Specific Standard.,' oflhe Englewood Municipal Code 2000 lo
read as follows:
16-S-2: UR-Specifi c Sta ndards.
A. Residential Uses .
I. Group Living Facilily. All group living facilities shall be subjccl 10 lhe following
slandards. cxcep1 lhlll. as nolcd, some of lhe standards below apply only 10 group living
faci li1ies app roved as condi1ional uses:
a. A group living focilily approved as a conditional use shall no1 be signit.canlly
different from adjacen1 uses in tentlS of appearance, silc de~ign, hours of operation,
1r11ffic ge11c1a1ion. noise. odor, dusl, and 01her external impacls or, iflhc use is
different, any adverse impac1s resulting from lhc use will be mi1iga1cd to lbc
maximum ex1en1 practicable.
b. No group living fac1hty shall be loc,ucd close, than:
(I) Seven hundred t.fty fcec (750') from any s1a1c-hcenscd child care fac1h1y or
any elementary, middle, or high school; or
(2) One lhousand 1wo hundred fifty feel (1,250') from another group hving
fac ilily .
c. Twen1y-fou1 (24) hour supervision shall be provided by qualified staff.
d. Any group living fneilily whose rcsidcms iocludc any individual who hns been
convic1cd by nny coun of more 1han one (I) misdemel!nor or felony involving
propeny dani.1ge or pcnonal mjury !hat was commiucd wlulc he or she was a
m.idcnt of 1hc group hvmg facility shall be deemed 10 be a pubhc nuisance, and shall
be subject 10 lhosc enforcement ac1ioru and penahics applicable 10 Olhcr public
ru1snnccs \\~Ihm lhc Cily.
c. The oper.norof each group living facility shall submil 10 lhc Cily a photocopy of a
\'ahd and current ccnifica1c or license issued by the Sme of Colorado, if any such
ccnificalc or license is required for lhc opcrnlion of 1he fncili1y. TI1e ccnificale or
license shnll be ~ubmiued prior lo inilialing opcrolions nnd on or before December
31 of each cnlcnda1 year 1hcrenf\er.
9
f. A gmup loving faciltt) approved"' l1 conditional use shall be conmlcrcd abandoned 1f nc11vc :111d commu,,us 01,craiions nrc 1101 carried on for n period of 1wclvc (12) consc-cuuvc monihs . fhc use may he rci11s1a1ed only atlcr oh1ai 11111g a new co11J111onal use approval . y. As nuthonzed by 42 U.S.C. 3604(1)(9), no b'IOUP ll\'lng fac11i1y shall prov,dc housmg 10 any 1nd1vidual who,,c 1e11ancy would consmu1e a direct 1hrea1 10 the health or safety of other 1ndi-,duals or whose tenancy "ould rcsuh 1n substanual physical danger 10 1he propeny of 01hc~
h. A condilional use permil applicat ion for a group living faciluy shall include
provisions for aulomobile access ihnt will prevcni traffi c hazards and avoid traffic
conges1ion on adjacent public s1rcc1s and alleys.
,. Struc1urcs containing a group hving faciluy shall be no taller 1h1111 1be average heigh1
of the lhrcc (3) principal suueturcs on 1hc same block loca1ed closest 10 the group
livmg structure.
2. Live/Work Dwelling. Live'work dwellings are subject to the following standards:
a. When 1he live/work dwelling includes a ground floor al slrcct level, the commercial
ac1ivi1y shall occur at least in part on the ground floor of the dwelling, and shall be
directly accessible from an adjacent public street. public sidewalk, or Transit Station
Area plaza.
b. Repair, assembly, or fabrication of goods is limited lO the use of eqwpment
appropriately scaled and opcra1ed to be reasonably compa1ible with adjoining
live/work uses.
c. A live/work dwelling shall nol be in1crprc1cd to be or include a home occupation. and
shall not be subject 10 the limitations on home occupations s1otcd
{Title 16, Chapter 5, Scctron 1, Subsection A(J). "Manufactured Hom e Park" consists of 37
s11bsect1ons ll'h1ch contain no changes and arr therefore not included i11 this Ordinance.]
4. Muhi -Un11 Dwelling. The convfflion of any cxisung dwelling to two (2) or more dwelling
units, if pcnniucd in this Title. must be so carried out that separate kitchen and bath
facilities arc supplied for each dwelling uni1.
5. One-Unil Dcinched Dwelling. The conversion of any "'!~ling dwell ing 10 two (2) or more
dwelling unils, if pcrmiued in thi s Tille, must be so carried out that sep-0rnlc ki1chen and
bath facilllics. and separate 5(.-Wcr. wa1cr and util ities are supplied fo r each dwelling uni1.
6. Two-Un11 Dwelling. The convcn1on of any cxisung dwelling to two (2) or more dwelling
unils, if pcnniucd in this Title, must be so carried out thal separate kuchen and bath
facihtics and separate wa1cr, sewer, and utihties are supplied for each dwelling unit.
2. Boordios or Roomins House Boordins or rooming houses ere subiect 10 the followins
~:
10
A The use shall aooJyJoLillld n;,c,ei,x,c ~ Coudi1ionaLU,s,d~cmm . ~-The use,shnll be limited to an owner occu picsL,one,;,um1 dwelljp y. i;. ~use shall su bmiU\Zw1io u Sj1c Plan ro, review bl!.lhc..City for co ,npl~1ncwW zoninund housing regula1ions -II The use •boll be non -transferable .
e. Iheuse shall have a Ci JY Sales Tax Uccnse iillQJl~.
r. Theuse shall com ply wjth aliapplicnbte Ci1x c011es.
g. The use 1h1II hexe no more then four l4l hoerdcn osr dwemoe -
h. No signs shall he penn ju¢ except a, specified iu sectjon I §-§-13/E) EMC
Sec1ion 3. The Ci1y Co uncil of the Cily ofEnglewood, Co lorado here by au1horizes amendi ng
Tille 16, Chapler 6, Table 4.1, "Mi nimum OJJ-street Ve hicle Parking Requirem ents" of the
Englewood Municipal Code 2000 10 read as follows:
16-~: Off-Street Parking and Loading Requirements .
F. Ojf-Srreet Vehicle Parking Requirements and Design .
I. Arnounl ofOff-Stree l Vehicle Parking (Table 16-6-4.1). Table 16 -6-4 .1 below sels forth
lhe minimum required amoun t of off-streel vehicle parkin g spaces. In lieu of
complying wit h these standards, an applicant may request approval of an allema1ive
parking plan. under Seclion 16-6-4 .1 EMC, "Altcmal ive Parking Pl ans."
TABLE 1; -6-4 .1: M1NlMUM Off-STREET VEIDCLE PARKING REQUIREMENTS
Use ·~--Off-Streel Vehicle -~" Additional Requiremenls
Parking S1and ard
RESIDENTIAL USES
Group Living
Dormitory, fraternity, I parking space per two beds sorority
Group living facilit y, I parking space per 3 resident
large/spceia l or small beds, plus I parking space for
each 3 employees
l parking space per 4 resident
Nursing home beds plus I parking space for
each 3 employees
11.eamiag aed I spaee Je• euh gusl hed , le
he••diegheuse iddlliee le the eee ueil
11
1h,'elliH,., Fe£:tHiffHl@HI Senior citizen .75 parking spac es prr unit plus residential com1il ex one guest s pac e for each 5 units Household Living One-unit, detached or 2 spaces per each dwelling unit attached dwelling
Senior citizen
residential complex I s pace per 2 dwelling units, (35 percent or more
of total units reserved plus one ~uest space for each S
for persons 60 years units
and older)
Two-unit and multi-(I) Such parking shall be
unit dwelling: 1.5 spaces per each dwelling. designated and identified as
Effic.iency, 1-or 2-parking for the occupants of the
bedroom unit building only. "' Guests or Visitor
Two-unit and multi-rarking for buildings with 5 or
unit dwelling:3-or more dwelling units : I space for
each 5 units. Such parking shall be more bedroom unit 2 spaces per each dwelling designated and identified as
unit. temporary paTking for the use of
guest or visitors or the occupants
of the building only.
D111cdi11K IU BtUllllillK I 1111,, [Qa: ,1,b Ku,s, tt,d. ig
~ 1d£1iligg so lb, ou,-uou
d1Glli111: c,1J11i1:£111,11J
rUBLIC/lNSTITUTIONAL SES
Religious Assembl y
I space for each 3 seat · or
All every 6 feet of bench length in
the main assembl y area or
auditorium
School
Education institution I space for each classroom and
• elementary administrative office
Education institution An area equal to 1/2 the gross
• secondary floor area in the structure
Public Buildings
~ An area equal to 112 the gross
floor area in the structure
C'OM~IERC IAL L'SFS /\<srmbly A,sembl)' ball or nudilorlurn. h •II I s11 Acr for c11ch 3 scnts rentnl for mectin~s or social occasions 1::ntertalnment/ Amuscmcnl: Indoor
Amusement facilities,
convention fa<ilities.
dance balls. I space for each 3 seats gymoa.siums,
tbcattrs, skatinR
rl.nks
4 spacu per Ian•, plus I
Bowling alley additional space for t■<h 2
employees
Food and Beverage Service
Restaurant, bar,
tave rn, with or I space per each 60 ~quare feet
without outdoor of gross floor aru
o~ralions
Mtdical/Sdentific Senicr
I space for ucb 2 patient beds,
llospital plus I space for each 2
employees
om«
All I space per each 300 square
feet
Retail Sales and Service
Under 7,500 square feet: a n
area equal lo 1/2 of the ~ro•s As appllcablc, plus adequate noor arra; All 7,500 square feet gross floor s11cklnpp1ccs as per Sttlion 16-6-
area and abo\'C: an a r ta tqual ~brio"-
lo the Rross noor area .
\'chide and Equipment
I spier for each 2 employees at
AutomotiH~ sales, mulmum employment on a
r ental; single shirt, plus 2 spaces for
Automobile each 300 square ftet of
pn wnhroker sales/office, repair, or
nu1incen11nce space.
Visitor A<eommodalioo I space for tath guost room, plus I additional space ror each 2 employees, Pukin~ for llotcl ronventlon r•dlltlts and dining areas lo the holtl shall conform "ilb the requiremonts set fonh within.
MANUFACTURING/INDUSTRIAL USES
Industrial Strvke Ao area equal lo 114 the gross
and/or noor area oceupltd by the use
manufacturing lo a s1ructure
Wareboo>t/Slorage
Customer parking shall be A marked loading lane shall be
provided at the ma nager's provided adjacent to the exterior of
ofrice calculated on the basis or any structure in which s1orage units
one space for uch siJ thousand are located and where such units
(6,000) square feet of n oor area have direct access to the exterior ef
and open storage, or one space the structure. Such loadln& IIDe
Mini-storage facility for eadl one hundred (100) sball be clearly marked for the
storage units or spacn, uclusive use of the lessees of said
whichever is greater. storage units and sball not be used
Plus, 2 addltlooal parking for the temporary or permanent
spaces for employees shall bt storage of any Item. Loadlll g lutes
provided at the manager's shall ht a minimum of aloe feet (9')
ornce. lnwldlh.
Ao area equal to 1/4 of the
Wholesale buslow gross noor area of the structure
or structures.
Warehousing and/or Ao aru equal to 1/4 of the
storage gron noor 1rt1 of tbe structu rr
or structures.
Sec119n 4 Tiie Cny Council or the Cu) or Englewood. Ct>lnrado horeby autl t<>rw:s ,unending T11le 16, Chapter 11. Sccuon ID, "R,•.\ldenrwl Use," or the l:.n~lewood Muni cipal Code 200010 read us follows: 16-11 : USE CLASS I FICAT IONS AN D DEFINITION OFTF:RMS 16-11 -1: Us• Clm lfic:a1fo ns
D Residwtial U.,r,
I. Group Living.
a. Charactcnstics. Rcsidenuol occupancy or a structure by a group or people that docs
not meet the definilion or "Household Living," "Hotel," o· "Detention Facilny•.
Tenancy is arranged on a monthly or longer basis, and th• tll'.C of the group may be
larger th.in a household. Generally, group living struc1ures n.ve a common eaung area
for residents . The residents may receive care, training, or tr•atmcot, and caregivers
may or may not reside al the site. Accessory uses common!) include rccrea1ional
facili1ics and vehicle parkmg for occupanu and s1. IT
b. Specific Use Types. This ca1cgory includes the r.,11., .. :~~ use lypcs:
(I) Group Living Facility. Large/Special. Any residcnco for more 1hon eighl (8)
unrelated mdividuals, and any residence for up to eight (8) unrelated individuals
that docs nol mec11he defimllon of"small trcaunen1 facility" or •small group
living faci lily". lfony individua l resident ofa group living facility does not meet
1he definition of "small ueatmcot fac1li1y• or "small group living facilily, • 1be
en11re facility sholl be classified as a large/spceiol group living faciF•v frr.'her
thun a small group living facility or sma ll treatment fucility). Examp•t• of
large/special group hvmg facililics mclude, but arc not limit.cd lo. u1• ,, J:c
following facilities that meet this definition:
(a) A secure rcs1dcn1ial treatment center, as defined 1n C.R.S. Section 26-6-
102(9) ct seq., ns amended; or
(b) A shelter for homele:.s persons; or
(c) A donrutory; or
(e d) A fra1em11y or soront) house.
(2) Group L,v11l!l Fac1h1y. Small. A rcsid.:iice for up to eight (8) unrelated
individuals, none of which arc rec<1ving on-s,tc medical or psychological
1rcaunenl, bul some or all of whom mny be receiving on-site physical nssistnn:c
"'1th day-to-day h,·mg activnics. Examples of small group living facililies
,nclude any of 1hc following that meet 1h1s dcfinuion:
15
(a I A lklllJ>ruli1 i,rour ho111e for 1hc aged or an O\\ ncr ,1<;cup1ed ~roup h<ll0C l,ll 1hc o~cd . .1, dclint•J 111 (' R.S 'l -:!3-303 (21(ll) ct seq .• .1, amc11<kd. ,,r (b) A .ia1c-hcrnsal personal care bc,rdmg home.>< defined m C RS 25-27-1111 ct ;cq. lb anutded, or (cl A s1a1,-hcc11s..-d «'fnmunuy n:s1den11al home for per><l11> "nh dcvclopmcn1ol d1sab1l11u:s, as defined m C.R.S. 27-I0.5-101 ct seq, as amended.or
(d) A hmnc prov,dmg mdcpenden1 rcs1Jcn1 ial suppon semces for the
dtvtlopmcntall)' d1sobled. as defined in C.ILS. 27-10.5-102( 19) ct seq .. ns
amended; or
(c) A s10 1c -liccnseld residential child care facility, as def ,ed ,n C.R.S. 26-6-
102(8) et seq .. as amended; or
(I) A rom1ly care home, as defined in C.R.S. 26-6-ll'. ,) ct .,,q, 11s a.mended;
or
(g) A foster care home. as defined in ,.R.S. 26-6-102(• ~) c\ se~ .. as amended;
01
(k) A f00Alillg a, hee,~iftg ho•se.
f /6,/ J-ID(l)(b}(J) Small Treatment Center: /6-/ J.fD(J)(b)(4)Detc111inn Facility: 16-
11-/ D(l)(c/Excmp1ion.1 and 16-1 /./ D(Z) Home Cal'c , conrai11 110 chn11gcsamf ar,•
1/Jcrcforc 11u1 inc/11dcd ill 1hL, Ordina11c,•J
3. Household Living.
4 Chamctcr1s11c,. Tlus u<c category 1s charactcnzcd by n:s1dcn11ol occupancy or a
dwelling unll b)' a hoosehold Tenancy ,s ammged on a monlh-to-month or longer
basis. Common accc:sso,y uses ,ncludc recrcauonal ac1i\111cs. raising or pe<s,
iµ,rdcns, personal storage hwldings. hobbies, and parbng orlhe occupant's vch,cks
llomc occupauons are subJCCI 10 adiliuonal regulations. See Secl1on 16-S-4.C. I
EMC
b. Spcc.1r.c Use Ty;,es This cal<b""Y includes the following use l)T -s·
(I) Livc!Wor\. Dwelling . A comhmahon ur res,dentml occupancy und conunercinl
acll\'ity locmc-d within a dwelling unit. A "livdwork dwelling" 1L<c,. a
prmc,pal use and the cmnmc,dal ,1c11vi1y is not a home occupatmn. Typ,c.,I
work activ,111:s mo hvc/work dwdhn~ may include. hy way or cxnq,le only.
professional S<.'rV1ces. crnfiwork, an studios.Jewelry na1k111g, fobricnt ,on or
cloth goods. and other si111ilar nc1ivi11e,,
(2) Mnnurnctured Home Pork I of land, ,·11hcr in single ownrrsh ip or
thv1dcd into blocks nnd/01 vh,ch may be 0 irntc owncrs!iip, which hns
been developed with nll II ry facilities an d scl\1ccs in accordance with 11
site deve lopment plim, mec1111g 1111 or the rsx1u ire111cnts of thi< Title and which
16
,, 11•1cndcd for the cxprc,, purpose of prm 1d111µ a ,1111sfy1ng hvmg en, n,,,uncm for manufoc1urcd home resident, on a lung-1enn <>CCupaoci basis 3) Mul11-Un1t Owe,'.,nll, A d"cllmg conllluung lour H) or mon: dwelling units. "uh all d"clling units located on the same lot or parcel Except that 1f the dwelling ts designed wuh respect to separate electric. water, and gas u1ihty connec11ons and common wnll construc1ion 10 ollow each dwelling un11 10 be locmed on its own separate 101 through a suhdivmon nfler issuance of the build,ng pcrnul, then the dwelling shall be• one-unit auachcd dwelling
11) One-Um! Attached Owclhng. A one-um! dwelhng allachcd to one (I) or more
onc-unu dwellings. w11h ench dwelling unu located on its own separate lot, or
where the dwelling is designed with respect 10 separate electric, water, and gas
utility connections and common wall construction to allow each dwelling unit
to be located on its own separate 101 through a subdivision after issuance of the
bu,1, •1g pcmtit.
(S) Qnc.: ,II Detached Dwelling. A one-unit dwclhng lhal is not anached 10 any
othc, • elling by any means, and is located on I separate lot from any other
dwelling unit. A one-unh detached dwelling may include a manufactured home
in compliance with 1he standards set forth in Section 16-S -2.A .3 EMC.
(6) One-Uni1 Deiachcd Dwelling on a Small Lol. A onc-uni l dciachcd dwelling
sited on a "small lot.• as that lcrrn is defined in Section 16-11-2 EMC
(Oefiniuoo of Words, Tcnns. and P;irases). belnw.
(7) Two-Unit Dwelling. A dwelling ·m,:aming two (2) dwelling uruts ; except thal
if the dwelling i< desit,'lltd with respect ,u ,cp.,utc electric. waler. and gas
utility connections and common wall construction lo allow each dwelling uni!
t.o be located on i1s own separate lot through a subdivision after issuance of the
building pcmtit. then the dwelling shall be I nne-unil auached dwelling.
W Bo1«hns or Rooming House Ao owns ocsua1ed a oPS:Ynit dwtlHns wnh
two l2l bul 001 more thon four C4) suest moms lo nddi tiou to tbs rc,idtnt
household where lod vins is for stuvs greater than lhirtY £30) dnvs PSr boarder,
c. Exceptions. Lodging in a dwelling unit or where units arc rented on less than o
mon1hly baSIS 1s classified in the visitor aeeommodation use ca1egory.
~ Tiic C11y Council of the City of Englewood. Colonado hereby authonics amending
Title 16. O1'\pltr 11 , Srcuon 2. "Dcfinif,nn ~( Words. Term.1. and PhraS<!$~ of the Englewood
Municipal CO<'e 2000 by inserti ng 111 nlphabcticnl order to rend as follows.
Boarder: An individunl, other than a member or the~ Mmil)I occupying the dwelling unit or
a pan 1ht.,i:of. who, for a considemtion, is fi•• oished sleeping accomrnodntions and moy be furnished
meals 8Hlllief.fl!fl•1eos as paA eFll,e ee11sid e,a11e11.
/JJJtJrJine or & mmfrw llm,ur An owns OCC.!!t?.tsd onc-umt dwelling cont@ioine two <21 but 001
more than four C4l guest moms whca lods~~ded to bgorders with or withoul meals for
compensation The lodging shall be toov·IPoo resjdentjnt lodgi ng with s1avs !!fcmcr woo Jhiax QPl
17
Jn)· (ll.'r t>.• 1rdcr nu~ u,c 1 110L,1 f1,1ttir " \•mrcu ,111 n" 1 ) 111'ludcJ1wne> \Cl" a homr ' up;Hwn a, define I hcr~m {\'aluc Grm11• /.11 ·111i: \ u,c C.llC!!lll) ch.,rn< ~n,.al h} res1demrnl occur,.1nc) of a siructurc by a j!TI>UJI nl' ;,aiplc 1ha1 ooc. not mrtl the def .,,on of "l louschold lmn!!, • "ho1et. • or "detenuon fac,luy• r <'IUlllC) ts armnl,!cd on a ,nont!il) or longcr ba 1 • and the s,zc of the [tmup ma) he largerthan a lklUSchold cncmll)·. !ll'0up ll\1nl' lruclurc,, l.nc a common ca1111g, rca for rcs,dem . The rc:.1denis 11l3)' rccc.-e care, 1m,mng. or lfe:llnlClll, and caregivers 11l3Y or 11l3) not mide al the "ttlc
Group l1wng F!rcolol)•. larg,,Sp<-c,a/. A specific type of group living use. Any residence or
more 1har eighl (8) unrelated mdiv1duals. and any r-...,dencc for up 10 c1gh1 ( ) unrelated
md,vidual s lha1 docs not mtc1 lhc dcfinuion of• rnall treatmenl facility " or "slll3 11 group hvmg
fac1l11y" tr nny md1vidual rcs1dcn1 of a group hvmg facility does not mecl the dcfimlion of
" mall 1rca1men1 fac1l11y• or •s mall group hving facili1y," the entire facilily shall be classified as
a large/ peciol group living facilily (rnlher lhnn a small group living facihty or small trca11nc111
facili1y). Examp les of larg spec,o l group living facilities inc lud e. bu1 are not limiled to, any of
1hc following facililies 1h n1 meet 1his defini1ion:
(A) A secu re rcs1dcn1inl trcatmenl center, as defin ed in C.R.S. 26·6-l a l(9) ct seq., ns
(8)
(C)
fl;))
(l2l ~
amended; or
A she ller for homeless persons ; or
/\ donnhory: or
A F081fti11g BF h00rdiRg keu se; er
A fra1cmity or sorori ty house , Sec definition of "Gro up Living".
Group LMng Facility,, mall : A specific type of gro up living use. A residence for up to cighl (8)
unrcln1cd individuals. none of which nre receiving on -site medical or psycholog ical treatment.
but some or all of whom may be receiving on-sile physical assistance "1th dny-to-<lay hvmg
activit,c .. Enmples of small group livmg facilities include nny of the followmg 1hn1 mCCI 1his
dcfinu,on:
(A)
(8)
((1
(DJ
A non-rrofit l?fOUP borne for the aged or an owner occupied group home for the
aged, as defined m C.R S. J 1-23-)03(2)(8) et seq., as amended . or
Sllllc-hccnsed personal= boarding home. as defined m C R.S . 25-27-101 ct
seq .. a amended; or
/\ state-licensed community l'C$idential home for persons with dcvelopmcmal
a1sah1h11cs, as defined in C.R.S. 27-10.5-101 et seq .• as amended : or
ho, ;c providing mdcpcndcm residenual uppon services for the
devclopmcnllllly disabled, as defined m C.R.S. 27-10.5-!02( IQ) ct •<'q.
amended, or
A 1n1c-hccnscd rcs1de1111al child care faciluy. a defined m C.R.S 26-6 , 10:
cl 01 ., n amended. or
/\ fnm1ly cnrc home. ns tlelin~'tl 111 C.R.S. 21>-6-102(4) ct Sl'q., a mncnd~'tl. or
/\ fos1cr cnrc home. n, defined 111 .R.S 26-6-102(4 .5) cl seq .. ns amended, r
,,, roomm11 er ~eeFtlmg house .
~-Grandf11htrina an cxj5tjna bQmdjng or room,ng house. For all 1.011e dmricts ex1S1ing Boarding or Roomma Houses may be "grandfathered" Wider llus Ordinance. To qualify as "grandfathered" and therefore not rcquiml to have an initial Conditional Use Permit hearing. the applicant for "crandfatherinJC shall regui.er u an ClWling usc w1thm Suuy (60) days of final passage of tlus Ord11w1ce: I. Proof accep1able 10 the City Manager or dcsignce lhal the usc was operating prior to the dale of tbc passage of On:linance No. 23, Senes of 200S, entitled "AN
EMERGENCY ORDINANCE EST ABJ.JSl-mm A TEMPORARY SUSPENSION OR
MORATORIUM ON THE EST ABUSHMENT OF NEW 'ROOMING OR
BOARDING HOUSB' USES FOR A Pl!RIOD OF SIX MONrnS.ft
2. Proof acccpllble to the City Manap or dcsi&JICC of compllaoc:e with all provisioos of 16-
S-2 {A)(7), E.M.C. Ute 3pecific Slandanls for Boarding or Rooming House .
3. r-oof ..:cep11ble 10 :he City manager or dcsignce of final inspection and approval of all
q,plicable City pennits and I ,:coses required for thc property or llnlCtllra; including. tNt
11 limiled to 1UJY miuired or OUISWlding penniu relating to the lntcmalional Series of
Building •~ -w!ety Codes u adopted by the City.
Once a Dowding 01 Rootr -1111 House bu bea! found to be a "g,andl'athcnd~ Conditional Uac, it shall
be l!Wj,ri to all Olhev n,quinm:nls of 16-2-12 F through H to maiolain tbc PermiL A
"gm,df'AL.e.-<. u. .~I only~ c:xanpt &om the initial Conditional Use Hearin& and shall not be
exempt f ""° Ille 0.11.inina aitena for Conditional Uses or ILY additiooal criteria found in 16-S-2A
(7).
~ Safety CJausq. The City Council hereby finds, dctennines, and declares that this
Ordhiance is promulgated under the genenJ police power of the City of Enalewood. that it is
promulpted for tile health, safety, and welfare of tile public, and Iha! this Ordinsncc is necessary for
the preservation of bcaltll and safety and for the protection of public convaiicnce and ,..,cir-_ The
City Cooncil fw1bc:r determines lhat tile Ordinance bears a rational relation to the proper legislative
objcet sought to be obtained.
~ ~~~ If any clause, senlence, paragraph, or part of this Ordinance or the
appUc.tioo. ~ ....,f to any pcnoo or cir;:umstmccS shall for any rwoo be adjudged by a coun of
comr.ctcnt jurisa,ction inwhd, IUCb judg,ncnt shall not affect, impair or invalidate the rcmamder
of th:, OnfuwJce or it application to other persons or circwnswas.
~. lnconsistmt Ordinances, All other Ordinances or portioas tbcrcof inconsisteot or
confucting witll th, )rdinance or any portion hereof 1m hereby ~cd to tile extcnl of such
mconsistc:ocy OJ c. ·• "'.l.
~ Effect ofm,caJ or modilkation. The repeal or modilication of any provision of
the Qide of the City of Ellglcwood by this Ordinance shall 1101 release, extinguish, alter, roodify,
or change in whole or in part any penalty, forfeiture, or liability, cithcrcivil or criminal, which
shall have bceit ir,r,Jlted wider such proVWOll, and ~ provision sball be treated and bc1d a.s
atilt remaining in .arcc for the purposes of SUSl&ining any and all proper actions, suits,
proceedings, and prosecutions for the enfon:emcnl of the r,..alty, forfeiture, or liability, u well
as for the purpose of sustaining any judgment. decree, or order which can or may be rendered,
Clllcred, or made in such actioas, suit$, proceedinp, or prosecutions.
19
~-Grandfotbcnng a;l CXISIJJII.! board1nu or [OQOllOl!, house For nl l /t'lllC d1slr1cb l.!Xl\'111~ Board111~ or Rooming Houses nY,y be "grnndfa1hercd" under 1h1 s Urdi nance To qualify a, "gn,ndfa1herc<l" •nd therefore not rL-qu1red 10 have an 11111ial Cond111onal Use Pcnm1 hcanng. the applicant for "grandfalhmng" sh311 register as an c:x1s1mg use" uhm Sixty (60) days oi final pas-.,gc of 1h1, Ord11mnec: I. Proof aocc1J1nhle to the City Manager or dcsignee 1ha1 the use was opcro1111g prior 10 the dale of the passage of Ordinance No. 23. Series of 2008. c111illed "AN EMERGENCY ORDINANCE ESTAl3LISHJNG A TEMPORARY SUSPENSION OR
MORATORIUM ON TIIE ESTABLISHMENT OF NEW ·ROOMING OR
BOARDING HOUSE' USES FOR A PERJOD OF ~IX MONTHS ."
2. Proof acceptable Lo the City Manager or designee of compliance wnh all provisions of 16·
S-2 (A)(7). E.M.C. Use Specific Standards for Boarding or Rooming House.
J . Proof accep1able 10 the City mnnager or designee of final inspection and approval of nil
applicable City permits and licenses required for the property or structures; including, but
not limited 10, any required or ou1s1aJ'd1ng penniLS relaung 10 the ln1erna1ional Series of
Building and Safety Codes as adoptr1 by the City.
Once n Boarding or Rooming House has been found to be a "grnndfothered" Conditional Use, h shnll
be subject to all other requirements of 16-2-12 F through H 10 maintain the Permit. A
"grandfathered" use shall only be cxcmp1 from the 1ni1Jal U>nditional Use Heanng and shall not be
exempt from the remaining critena for Conditional Uses or any add111onal critcna found in l6-S-2A
(7).
~ Safety Clauses. The City Council hereby finds, determines, and declares that this
Ordin.,ncc 1s promulgated under the gcncral pohce power of the Chy of Englc\\ood, 1ha1 it is
promulgat•d for the health, safety. and welfare oflhe public. and that this Ordinance is necessary for
the proservation ofhcnlth and sa fety and for the protection of public convenience nnd welfare. The
Coty Council further determines 1h01 the Ordinnncc bears a rn1io11al relation 10 the proper legislntivc
obJCCt sought to be ob1amcd.
~ Severab,hty. If any daUS<'., sentence, paragn,ph. or part of this Ordinance or ,he
application thereof 10 any person or circumstances shall for any reason be adjudged by a coun of
competent Jurisdiction invalid. such jud1,'lllen1 shall not affect, impair or invalidate the remainder
c.f this Ordinance or ii application 10 01her persons or circumstances.
~ lnCQns1S1Cnt Ordinpn11cs. All other Ordinances or portions thereof inconsistent or
con01c1mg with this Ordinance or any ponion hereof are hereby rcpcnled 10 the c,tcnt of such
mcons1stcncy or eonlhct
Se<:unn IO. Effccl ,t[repeal or msxhtica11on The repeal or mod1fic.a11on of any proV1s1on of
the Code of the C11y of En1:lewood by this Ordirumce shall not release, extinguish, aim, mochfy.
or change in whole or in part any pennlty, forfeiture, or liability. either civil or crimm,11. which
shall have been incurred under such provision, and each provision shall be lrcalcd and held as
still remaining m foroc for the pu,poscs of sustaimng any and all proper actions. suits,
procecdmgs. and prosocuuons for the enfon:emen1 of the penalty, forfeiture, or linb1lity, as "ell
as for 1hc purpose of susrnining any Judgment, decree, or order which can or may be rendered.
entered. or mndc in such actions. suits. proceedings. or prosecutions.
19
Sa:11011 11. ~ The Penalty Prov1s1011 of Sccuon 1-1-1 EMC' shnll apply 10 each and e,'l!f)' viola11on of1h1s Ordonnnce. huroduced. read In full. and pas.sed on firs1 read111g on the I 81h day of Augu~t. 2008 l'ubhshed ns a Boll fo r on Ordnrnnce in 1hc Cny's official nc'\\spapcr on 1he 22"' day of August, 2008
Published as a Bill for an Ordinance on the Cily's ollicial website beginning on lhe 20th day of
August, 2008 for 1h1ny (30) days.
A Pub lic Hearing was held on Septembe r 2, 2008.
Amended and passed •~ amended as a Bill for an Ordmance on the 1 s• day of Scp1cmber,
2008.
Published as an Amended Bill for Ordinance on the City's official website beginning on the
17" day of Sep1ember, 2008 for thiny days.
Read by title and passed on final reading on the 6• day of October, 2008.
Published by title m the City's official ncwipapcr II Ordinance No._, Series of 2008. on
the 10th day of October, 2008.
Published by title on the City's official website beginning on the 8• day of October, 2008 for
1hiny days.
James K. Woodward. Mayor
A1TEST:
Loucrishia A. Elhs. City Cieri(
l, Loucrishia A. Ellis. City Cler, of 1he Ci1y of Englewood, Co lorado, hereby cenify that t~c
above and foregoing 1s a true copy of the Ordinance passed on final reading and published by
tttlc as Ordinance No._, Senes of 2008.
Loucnsh1a A. Elhs
20
•
•
•
llY Al TIIORI n· ORDINANCE NO. SERIES OF 2008 COLi\CIL UIU 1'0. 38 INTRODUCED ll\" C'OUNt"II ~IEMBER WILSO:,,J AN ORDINANCE AMENDING TITI E 16. CIIAPTERS 5.6. AND 11, OF lllE
ENGLEWOOD MUNICIPAL CODE 2000 RELATING TO BOARDING OR ROOM LNG
HOUSES IN TI IE Ctn' OF ENGLEWOOD. COLORADO.
WHEREAS. 11 is antic1pa1ro 1ha1 board mg or roonung houses will ha, c 1he charac1eris1ics of n
rcs,dcnual use r:uhcr 1han a commcrc1al use bcc:iusc ofthe cx1endro durauon uf1hc bo:irder"s sia,.
and
WIIER.E.A,S. limiung 1hc numw of gucs1 rooms 10 four(~) gucs1 rooms ,n addiuoo 10 1hc rcsidem
hou>ehold keeps the cO"cc1s. such a, 1roflic.1rash and noise 10 a nunimum: and
\\1 IEREAS. requiring Boarding or Rooming Houses 10 apply for and mmmam n Conduionnl Use
Pcrmi1. keeps any dele1erious effcc1s 10 a minimum and 1h us pro1cc1s 1he csseminl charac1cris1ics or
1he rcsiden1ial neighborhood: and
WHEREAS, 10 be "grandfo1hcrro" under 1his Ordinance. 1hc owner musl show 1ha11hcy were a
boarding house prior 10 the adop1io11 of the 111om1orium. similar 10 the pro,1s ion;. adop1cd previously
concerning au10 dealers: and
WHEREAS, 1heCi1y docs nol cur. ·,•'y hccn~ llus use nor does 11 h:l\c a way of d(lcrmming
ho\\ many boarding houses mcct quahlicauom for grandfa1hering:
NOW, THERE.FORE. BF IT OROAINFD BY TIIE CITY COUNCIi. OF TIIE crrv OF
ENGLEWOOD. COLORADO. AS FOi LOWS :
Sccuon I. Tiic Ci1y Council of1hc Cuy of En:;lewood, Colorado hereby au1horizcs amending
Ti1le 16. Chap1cr 5. Scc1io11 I.I "fo•h• O/.l/11111'/!rl l.,'.m,·· of1hc Englewood Municipal Code 2000 10
rend as follows:
16-5-1: Tablr of Allo,Hd llsu
C Tuhh· 11{.4/lm.-d L"«•1.
TABLE 16-5-1.1; TABLE OF ALLOW~O i;SES
11 bi
p PER.\IITTEO l SE C co,om01'Al L Sf II \CCFSSORY LSE T• TE.\IPOR/\R\ l SEl 11\IITFOl"SE C·A •
ACCF\SOR\ lSf /\PPRO\"EOCO\OITIO'IAI L\ l·A ACCESSORY lJSE APPROI 0 WITII Ll\11Tt0 lSE PROCEDl.'Rf
R .. lclcntilll Nonn:sidcntilll
Additional
U,. Catci.ocy Uie_T)'J)O MU MU Rcgulalion
R R R R R t,IU MU T I I ' I l I 2 2 R R 8 a s l 2
A D C I\ B J 3 l l A I\ 8
-RDIDESTIAL lSCS Group IMna ladllly, C C p r 16-S-l.A.I l■rgt1'pttl1 I Croup U\fnc Croup lhlna fadllt), p p p p p r p p p p 11>-S-l.A.I ,mau SmtJI l ttlffflHI C C C'rnltr p p 11>-S-l.A.I
Lh t/work dM·tlllna p p L L 11>-5-1.A.l
Manuf1t1urttS homt p 11>-S-l.A.J
park
Mulll-unll dwtlllng p p p p p p 11>-S-l.A,4
I \Jlk. 1111 11 1111thtd p p p p p p
lloulthald U\\11 "'-•W.1
0,,....,.1, dtttc~td p p p p p p p 11>-S-l.A.5
d•tllln&
Ont--unll dtlathtd p p p p p
d"'l'lllna on• ~mall p I'
lac
T•o-uolt d"tllln& p p p p r lt,.$-2.~
~
B1111mlH Liauas i: ' ' ' ~
PUBLIC/IJ'iSTITl TIOSAL USES
Animal Sbtlctr 1'oc:-for-proflc p p
11lim1l slltlltr
[mtri:,nc') T•m1,oruy Hou,ln11 1ht lltr, C C Shtlttr food shtlrtr
AU 01.htr bulldl•J•
Co,munur and Cit) and locllltlts 001 p p p p p p p
tpttlOtd ttndtr , .. ,. p p p p p
r.bUcllnstltutloo1I
U~C'llta,Ot)'
Llbrory Publl< r p p
\luM"uQ1,1Culturtl \U .... p p p p r
Athlrdr 0rld C C C C C C C C p r
Park i nd Optn Spin Commun ity ltlrdtn C C C C C (" C C
Porlt
p p p r p p p p p p p p
Rtllglou, ln11ilu1lon, p r p p p L L • Rfllalous Autmbl)' and u:.10<"11rtd p p L L L
at'N'HOr) UH'I
Srhool Edunllon p r p r p p r p p C fn11\oulon Alttnllht IO'l'tr p p p p p p p , p p , p Ttltt0m.m11nkalloe t.tt'VNUrt Fadllf) (Stt Chap,~r Antrn,u /6-7, (n1kroM 1ot 1n1,nna. p r p p p r p "Ttl«t1mmunlrafions, itttorbtd ptntl p r p p r .. for 11pplkablr us..-• 1n1rnn1, ""hip rtlott1/ iuldtlinn and antenna)
Slan4a"JJ
Tffltr llruteurt C C C C C C C C C C p p
RTO m1ln1tnanrt p p
Tnn1porullon facllily
Fa,11111•
Tntttfl ttnle-r p
MaJ0<•1lll1y p p 16-5-l.8.I
UIIIII)' Facllll) (OOI fadlll)
ladudlot
Ttlecommv.akaOoe \lloor ■CUI<) f1dli11 C C C C C C C F1clll11•) <•• a priorlpal .,. of C C C C C
land)
COMMERCl,\L usi:s
Adull llie All types II dtflotd p p 16-5-l.C.I
In Oapl« 16-11
Crtt1.llouw.huantry.
A1rkuflanl UH nlll•t of plaob, , , 16-5-l.C.l
no"'tr'-or nurstl')'
IIOC'k
Animal ,hthtr p p
Ktaotlldaynrr L p p
Aalmal Sain and
Stnltt Ptl ,tort (lh f anlmal , p p p p
Hit) --· S111111 animal r r ,·tttrlnary buspit■I L p C
or tllnlt
AUttnbt~ ball or
1udJ:torlum. hall p p C
, p
rtatal ror mttclng,
or ..odal oc:cuions
Asnmbl)
M,mbfnhlp
ors1nl111lon p p C r p
(uc-ludln11dul1 ... ,
Dtpr.adtnt Cart
Dtptadt•I C''lrt
«attr(lrn dsaa U.. C C C C C p p p p C 16-5-l.C.7
bour can. an) •&t)
En1,r11lnment/ AmuHnien1 C C C C C
AnlUICIMltnl: Indoor r111bll-.hmtnt
Pb~ikat Olntu p p p p r • nn1rrlsp11 Tht11ltr and ptrfonnt.l"tt.(ot1ttn p p nnat~ not ladudfn& p p p 1dut1 mren1fnmtnt Eatutalnmrnt/ C.-nrral ou1door C C Amuwmtnt: Outdoor rttmdoa C
Cbttk cubing p p p
r .. 111,y
I 1 LS.aaci.a.l la,t11u1loe., p p
f la11dtl fnHh"'tiN • ~'k drfn•tbroasll L
""ice -fln•arlt l lnJIIIUllon, p p -.-•f•houc drh't,,, p p p
O•f"ll&II Hnitt .
th 't'pilb p p p p p
I--
C,lt rtr p p p
\lkrobmnry p p p
Food and 8nrr 4c-R,s11u r1n1, b1t, • S,nlu t1\'tr11 l' Ith or p p
¥tltlloo1 outdoor p p p
.,....don,
Rtstaurant. "Ith p p
drh·t-1hroulth I.
Hr\'kt
f akt oac and p p
dtlhtry only
Cllnlc I' r p p p
lltthb lrnlmtnt p p p
\ltdk al'Stlffltlfl< l1dllty
~nltt p p
ll0<pltal r p
t,,borotor)(dfftla~ p p p p p p
mtdlal or oplltal}
Offi«,t)ptl p p p p p
om" (a,noral)
om«. IJJ>t 2 p p p p p p p 16-5-2.CJ
(llmlttd)
RtlallSalNHd Crt:ma1orlum C
Str'\1ct(Ptrsonal -Stn'lrt) -" " " " " "
ofhll,onl) 1n11rut1lon1I ,enlrt p p p p l\luug, 1hrrlp) p p p p p \1onu1r, p Ptr1an1I urt p p p r ~
Sonic,:
phocography 11udlo
1ad pbo<o lab. p p p p p
upbolJlff)', pri■lr:r,
loduml1I,, 11.llor
T11100 and bod)·
plrrda& r p
nt1bUJllnwn1
Ttmponry
tmploymtnc C C 16-S-
boJfaffl 1.c.11
Rttall Silts and Equlpmtnl rtnt1I L p p
S<n1« (Rrpalr and
R,atall Rrpalr sllop (IOI p p
lncludlnJ IUIO)
p p p
Aaliqu, stcwr p p 1r p p
An 11llrl') p p ?
p p
Auction hout:t p p p
BV) •bl<l sbop.
mood ba nd, 1brif~ , p p
conslan m,n1
Con,talta« 11on· p p p p
Rttall Silts an.d Cro«rrl•pr<l1l1y p p p r r
Smkr(SIINI food Jlcn
ln1tr n.t1 Sain p p
Lotatlon p
Liquor Eon p p p p p
Pa"ibroktr I' r r 16-S-
!.C.10
ForTSA.
Plf <•
Rttall uln. 1tt0tnl r;c I' p ?O,oo,t .._
mttchandlst
p p n.
Clf >
10.000 ,q.
n. °'''""
lnub. noor 1 School Tr■dt or huJlnns p p C p p 16-S-sdlool J C.I! Radlolttfr,idon ~,udlo bro1dus1fn& studio, p p p rttordlns/nlm st•d lo
Auromobllt r p p 16-S-
P•"nbroktr 1.C.10
Aulomothtsain, L p p 16-S-l.CJ
rtDJa.l ,--
I Au1omo11,·, stnlct
aad rtp1lr. lachuU■1 p p
body or (t11dn .
,rnrk
Automocln· unice
and rtpAlr, IOI L
p p 16-S-l.CA
locl udl•I body or
ftodtr 'ftOrlt
Auromodn ttnin p p l ►S-2.c.5 IIIIIOG (l&JOl!at L
fadUty)
Ctrwu"1 1uro L L 16-S-. \'tbldt and L 16-S-
Eqalpm,01 clculllo1
Commtrd1I nor1gt I' p 16-S-l .C.J of optr1blt n,hldH
f utl dla:J~nslng L r p
P,r~ln& fnlll1y.
strucUtrt (optrabll' C (' L L C y p 16-S-l.CJ
,·,bldts~prlnclpal
US,
Pn1Jo1 orn. 16-S-l.C.9; surfacf(optrablt C C L I.. C 1• r lf>•s-l.C.J \fbklH),prlnclpal ...
R<crtotloooln-ltkks p p
and bolts. u.ln or L
rt lll ■I
\'Wcor Std 11d brt1U1.u p
A«ommodadoa Hoitl p p
\\'bolwllt Salts and p p
dlflrlbutlon
MA~rFACTlRl '(G/lNDIJSTRIAL i;scs -
l nduurlal Stnltt .. . . .. .'f/1/1/f
ll~hr (TS,\ onl~·) lnrluurh1 I sn,·lct, p hta,')' M1nuf1c1uring. p p 16-5-2 ,D.4 Manu racrurlng. (fSA Including PrortulnJ:, llghr only) F1brlc11ion, or Anrmbly Manufacturing. p
bta''Y --
Futl J1or1gt L L
Minl•sloragt f■dlll y L p
Movlnc and storagt L p
W1rthou st.1Storaut Outdoor storar L p
Storagt )'ard for
\'thlc:ln, tqulpmtat. L p 16-5-2 ,0.6
m1tul1L, and/or
su ppll rs
W1rthousln 1 and/or L p
storage
Automobilt
C r 16-:5-2 .D .1 "rtckJn&f sah·agt
yard
Commtrtlsl C
lndnt'.rt1o r
ll ■ur dou.1 ¥t·utt C C 16-.S-2.D.2
blndlln1
Rttycll1t · optrlllon,
all prO<'fisJn1 occurs p p 16-5-2 .D.S
whbln t.t1cl<Kf'd
\\'as1tfS1 lngt 1tructurt
RttJcflng op,racion,
so me or all C C 16-5-2 .0.S proct:Sslrg occurs
outsldt an tncloud
srructurt
■nharynnkr C
Wastt 1ran1f,r
C C it■1ion(no1 Including
haurdous \\ H i t)
ACCESS(•~; USES -Sr, Sec1lon !6-5-4 for 1ddillon1I r,aul11lons
tlomt C■rf Acccssorr Adull dtp,nd,nl C-A " A A UtH (AttHSOl")' 10 A " A
Prfnripal bn .. l'nil cart
0¥t',1Ucg Usts Only) -.. ... ~ .
hom, \ • tnfanL1oddltr homt C-A A A A A A A ltrt,:f' C'hl1d nre L-l• 1.-L-homt A A A A Cart11ktr', qu1r1n A A ,\ A
DormltO')' A A A
Honw o«upadoe A A A A A A A 16-S-4.C.I
\lino, 11n1ti r,dllt) I L-L-L-L-L-L-L-L-L-L· L-L-16-S-2.B.I {u 1ccmof') tut or A A A A A A A A A A A A
01btr AC'C'tHOf)' USff land)
Parklni ■rH A A A A A A A A 16-S-4.C.l
(turf act)
P■rkfo& a•nae A
~llellltt dish A A A A A A A A A A A A 16-S-4 .C.l
lllfHftl
Stn1rt ■nh.1 or A A 16-5◄-ladllry
S•immhll pool \ A A A A A A A A A A A 16-S-4.c.5
Tt.\lPORAR\ I/SES· Stt S..tloo 16-S-S ror addltloaal rtt•latloa>
Cir 11tih T T T T T T T T T T T T
E~p■Hlon or T T T T T rtplamntnl of T T T T T T
ulsllng hcllllll'S
Farmtn marktl T T T T T
Food \'tndor Car1i T T r T T
Mobllrnoraa,(•ltb T T T T T T T
or "hbotu bultdln& r T T T T
p,rmlt)
RnJ H:tllt ultt or T T T T T T T • 1c-.sin&offltt(a1M T T T T T
modtl homtSl
0'-1door S1lt1 (t ,I,.
Ctftl 1aln. parlJna
lol IIIN, HHOnll T T Hits., ~lndJhltld T T T
r,palr, salf-. from • r,c.n ,,ndor ur15,
t tt.)
•
•
•
Cioptdal ,,,11 ft,1 .. T T T T T T I T ta rah ■I, ba1...11r • T T T T T 1,1,1 Ttnn., unoplts T T T T T T T T T T T i T t:SES:>iOT Stt 16-S•l ,8 for prO<'td;!-~ and crhtrfa for appro,lnl,! unUsctd uH~ lncludlnit unllsitd acctuory and M~1'110SED ,,m~orar) u 1N, ~
Scc1ion 2. The Ci1y Council of 1hc Chy of F.nglcwood. Colorado hereby au1horiLes nmendmg
Tulc 16. Chap1cr 5. Sccuon 2. "Lse-Specijic S1a11dards" of lhe Englewood Municipal Code 2000 to
read as follows:
16-S-2: U~SP"tifi c Staoda rdt.
A. Residential Uses.
I. Group Living Fncili1y. All group living facilities sha!J bc•ubjccl to 1hc following
s1andards, cxcep1 tha1, as no1ed, some of 1hc s1ttndruds below apply only 10 group ii,;ng
facilit ies approved ns condi1ionnl uses:
a. A group living facili1y approved as a co nditional use shall 001 be si~niticnnlly
differcn1 from ndjncc.-01 uses in 1crms of appearance, silc design. hours of opem1 ion.
traffic gc.-neration. noise, odor. dU>1, nnd other ex1cmal impac1s or, if1hc use is
difTcrc.-nt. nD)' adverse imp:,CIS resuhing from the use will be mi1iga1cd 10 lhc
maximum citc.-n1 prn<:ticablc.
b. No group h,ing fnc1l11y shall be loc:ncd closer 1han:
(I) Sc,c.-n hundred lift; fCC1 (750') from any sta1c-liccnsed child can: facilily or
any elcmc.-n1ary. middle, or high school: or
(2) One thouslnd 1wo hundred fifty fee1 (1.250') from ano1her sroup living
fncili1y.
~. Twenty-four (24) hour super\Oision shall be provided by qualified Slaff.
d. Any group livintt roci111y whose residents include any indiv1dunl "ho hns been
con,·ictcd by any coun of more Lhnn one (I) misdemeanor or felony 1n,,1l"r.g
proJl"ny damage or p<tWnal IIIJUt)' 1hn1 was comm111ed "h1le he (Ir ,he ~n, a
res1dcn1 oftbc group hvmg facil ily shall be deemed 10 be a public nu,sa r.ce. and shall
be subjec1 to 1hosc cnforccmrnl ae1 ions and pcnal1ics applicable 10 01hrr pubhc
nuisances \\1lhin tilt, Cuy
C. The opern1or of each •"°up 11' ing foc11i1y shall submil 10 lhc Cuy a photocopy of a
•·alid wid current cer111ica1c or hccnsc issued by lhc S1a1e of Colorado, ,fany such
cenificatc or license 1s required for 1hc opera1 ion of the faci lil y. The ccnificate or
license shall be sub111 11ted prior 10 imtinting operations nnd on or bcfort· December
31 of each ca lend:" ycnr 1hcrenO er .
9
f. ,\ b'f<lUP Ii, In!,\ facili1~ appn,, ed a, a cond111onal u,c shall be con,1dc1ed abandoned 11 acu, c and continuous optrallons arc 1101 earned on for a period of 1"ch·e ( 12) o ns,-cu1ive 111on1hs . The use may he re insrn1ed only aflcr ob1a1mng a new c,1ndi1 ional use appro,al g. As au1hon1cd by 41 U.S C. 360-l(f)(9). no group 1i,1n@ fac1hl)' shall pro,ide housmg 10 any 111dh·1dual who<e lcnanc y would co11S1i1u1c a dircc11hrca1 10 1he hcahh or safc1yof 01hcr indh·iduals or whose 1cnancy would resuh in subs1amial physical dangc:r 10 1hc propert) of 01hers.
h. A condi1 ional use pcnnil applica1ion for a group living focili1y shall include
pro,1sions for au1omob1le acccss 1ha1 ,.;11 prevent 1rnffie haiards and avoid tr.iffic
congcs1ion on adjacent public streets and olleys.
i. Structures containing a group living facility slll!II be no 1aller than the a,·erage hcigl11
of the three (3) pnncipal suucrurcs on the sam, block loc;ued closes1 10 the group
II\ mg structure.
2. Li,·e/Work Dwelling. Live. work dwellings are subject 10 the following standards:
a. When the live/work dwelling includes n ground Ooor at suect level, the commercial
actil'ity shall occur n1 least in pan on the ground Ooor of the dwelling. and shall be
directly accessible from an adjaccn1 public street. public sidewalk. or Transit S1a1ion
Arca plaza.
b. Repair, assembly. or fabrica1ion of goods is limned 10 1hr "'" ~f equipment
appropriately scaled and opcmled 10 be "'3501l3bly com1wible \\1th adJoining
li\'e/work uses.
c. A li\'c,work d"clling shall not be in1crpre1ed 10 be or • , -de a home occupa1ion. and
sh.ill not be subject to the limitations on home occupau t > i.tated
{Title 16, Chapter .S, Sertio11 ], Sub.<cctirm A/3). "Mt11111/ac111rc•d /-lome Park" com/11., of: i
s11hsec11011s which cmuain 110 changes a11d are therefore not mc/11ded m this Ordinance.}
4. Muhi-Unit Dwelling. The con,crsion of any existing dwelling 10 two (2) or more dwelling
units, if pcnnined m this Title. mus, be so carried ou1 1ha1 S<'J"lr'llle kitchen 1111d bath
facili ties are supplied for each dwell mg unit.
5 One-Uml Detached Dwelling. The con\'mion of any e.m1111g dwelling 101"0 (2) or more
d\\cllmg unus. 1f pcrm,ned in 1h1s Tute. musl be so carried out 1hn1 SC()3r.llC Kirchen nnd
hath fudlitics. and separate sewer, wa1c r and u1ili1ics are supplied for each dwelling unit.
6. T"o-Unu Dwelling. The conversion of any c.~is1ing d1>clling 10 two (2) or more dwelling
UIIIIS, if permill<d 111 lhis Tille, mus1 be SO carried OUI 1ha1 scparn1e kuchen and baih
fndlilics and separn1e wa1er, sewer, and u1ili1ics arc supplied for each dwelling u1111.
z. Boardins or Rooming HPUU Boordios or momin @ b9uses arc suhiect 101hs followios
illll.l.lliWlt:
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b-The use 1b•IJ he limi1,«1,11unL0.'4llcrncc,unied one-uni1 dwejljug . ., ~U111 1! submit a Zoning s;,e Plan fou e .. zonin g anci f19µ5jpg rem~-1be rjJy (or compj.iru)..e~ 11. The use sha JI bCl)On;!r.ansf/'.wllJ:. ~. D>e use shallhaYe a Citx Sales Tax License if reoyire4 •
I:. The use sb•U comply wirn oll a00 1icable Cily Codes
g. Tbs use shall bu c pp more than four (4) boarders nsr d»'fUine-
Ii. l:ll>,,sigusshan be pcrmjtted excepU1ssoecified in scqioo 16:6-PfE) EMC.
SecJinn.1. The City Counc il of the Cit y of Englewood. Colorado he reby auth orizes amen ding
Ti tle 16, Chapter 6, Table 4.1, "Mi11 i11111111 Off-.,rreet Vehicle Parking Re quire ments" of the
En~•~woo d Municipal CO'k 2000 to read as fo ll ows :
16-6-4 : ()ff.Street Parking and Loading Requirements .
F. O.ff-S,1·cc : I 'el,icfe P,irking Rcq 11ire111e111 s and nrsign .
I. Amount of Of1~St reet Vehic le Parkfos (Table 16-6-4.1). Tab le 16 -6-4 .l below sets fo nh
the minimum required amount of off-stree t vehic le parking spaces . In lieu of
complying wit h th ese standards. an "PPlican t may reques t app rova l of an alt ernative
parking plan, under Sect ion 16-6-4 .l EMC, "A lt emat ive Parking Plans."
TABLE 16-§-4 .1: M!Nll1,UM OJF-ST]lEET VEHJCLE PARKJNG REQUlREMENTS
. -~"
Use ~B 9fl:-Stru Wsrucle ' ~-Add itional Requ ire men ts ~-
Parking Standard
RESrDE NTlAL USE S
Group Lhing
Dormit O\')', fraternit y, I parking sp•ce per two bed s so rority -Grour, li Yiog facilit y, I parking space per 3 re sident
larg• special or small bed~. plu s l parking space for
each 3 emp loye es
I parking space per 4 resident
Nurs ing home bed s plu s I parking space for
each 3 employees
Reea1iag 1ed I 5p.ee h• ueh g11e§I hed , in
hea,dieghe11se addiliee le 1he eee ueil
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(lwelliMg ,eqwim,ieel Srnior citlzrn .75 parking spaces prr uni 1 plus rttidrntial complex one s:urn spate for eac h 5 unils llousthold Lhing One-unit, detached or 2 sp&ccs per tach d\\elling unit att ■chtd Jwelllng
Senior cit lien
residential complex l spue per 2 d\\ tiling uni ts. (35 percent or more plus one guest spact for each S of total units reserved
for persons 60 years units
and older)
Two-unit and muJti-(1) Such parking shall be
unit dwelling: I.S spaces per tach dwelling. deslgnattd and idtntified as
Efficiency, 1-or 2-parking for the occu pa nts of the
bedroom unit bulleting only. (2) Guests or \'lsltor
Two-unit and mu lti-Pa rking for buildings wit h Sor
unit dwelling:3-or more dwelling units: I space for
each S unitJ. Such parking shall ht more bed roo m unit 2 spacci per each dwclling designated and ldcntifltd as
unit. tt mporary parking for the use or
guuts or ,itirors or tbc o<eupants
of the building only.
DSlltdiD& QC Bggmjgg I :iUIE&: Cit ,1,b "YSil bl':d in
JJaliW lddilllHI UI lb£ QlltilUIU
d1sm112 cu1111csm,111
PU BLI C/INSTITl/TlONAL liSES
Religious Assembl)
1 space fo r uch 3 scats o r
All t1·tr)' 6 ftct of bench length ,n
th< main assembly area ,or
auditorium
School
Education iostirution I s pacc for ucb classroom and
• elementary admlnis tra th c offict
Educa tion instl•ution An aru equal to 1/2 the gro>J
• secondary 0oor area in t h• st ructure
Public Bulldlngs
All An area equ•I to 112 th e gross
noor •ruin th• •tructure
COMMERCIALVSES A!.srmbl~ Assemb ly ball or auditorium, hall 1 space for each 3 scats rcntn l for meetings or ~odol occasions f:nterrnlnmcnt / Amu sement: Indoor
Amu~cmcnt facilities,
ronHtUlon fadlities,
dance halls, 1 space for each 3, scats ~ymnaslums ,
thutcn, ,kotlnl(
rinks
4 spaces per lane, plus I
lloll'ling alley additional space for each 2
employeH
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Food and llevcragc Senice
Restaurant, bar,
ca,·<'rn, with or I space per each 60 square feet
without outdoo r of ~ross noor arc:i
operations
Medical/ cirnf~,ic Srn1ic,·
1 space for each ?. patient beds ,
llospital pl'ls I space for each 2
employees
Office
All I space per each 300 square
feet
Retail Sales a nd ('rvir.c
t inder 7,500 square feet: an
area equal to 1/2 of the gross As applirablr. plus adequate
All noor nrea; stacking spaces as per Scc1ion 16-6-7,500 squ&rc feet gross noor
area and abon: an area equal 4-J below.
to the gross noor area.
\'chicle and Equipment
I spoce for each 2 employees at
Automoth·r sales, maximum employment on a
rental ; sin gle shift, plus 2 ·pace for
Automobi le each 300 square feet of l pawnbroker sale . oflice, repair, or
maintenance space.
\"lsltor Accomm odation I spic• for nch gu•st room, plu s I additional s,p1e< for each 2 employees. ParkJng for li ntel coonntion fa cllltfu and dining areas in the hotel shRII conform with the requ ireme nts set fo rth "ilhio.
MANUFACTURI'IG/INDUSTRL\L USES
lodusrrial Senice An area equal lo 1/4 the gross
and/or floor area occu pied by the use
manufacturing In a structure
Warehouse/Storage
Custom~r parkio i: s hall M A marked loading lane shall be
pro,ided at the manager's provided adjacent 10 rbe ext erio r of
offi ce ca lculaled on the basis of any structu re in,. hlcb stOraK• un l1s
one space fo r eacl1 six thousand arc located and where suc h units
(6,000) square feet or noor area have direct access to the ex tufo r of
and open storage, or one space the structure. Such loading lan e
Mlnl•slor■ge fa cility for uch one hundred (100) shall be dearly marked for the
storage uoi lJ or spaces, exclush·e use or tb• luRu or said
"bicbt>·er is greater. ,1orage uoltt and shall not be ustd
Plu s, 2 additional parking for the temporary or permanent
paces for employees shall be stonge of an)' Item. Loadin g lanes
provided at the manager's shall be a minimum of nine fee l (9')
office. in width.
An area equa l to 1/4 of thr
Wbot ... t• busmess grou floor area or the strutturc
er strucru res. -
Wareh ousi ng and/or An area equal to 1/4 of th•
storage gross Ooor ar ea of th e Slrucrure
or structurrs.
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~-The CU) (Qu1i.:tl of 1hc CU) of En11kwooJ, t"t>lorado hereby au1hon1cs amending Ti1le 16, Chap1cr 11. ~cc1wn ID, "R,·1/,I. 111/11/ Uw," of 1he ~nglcwood Mumcipnl Code 1000 10 rend as follows: 16-11: l:SE C LASSIFICATIONS A:>;D DEFINITIO~ OF TERMS, 16-11-1: Use Clu~lfications .
D. Rcs,d,111ial t:n·,.
I. Group Living.
a. Charac1er1s1ics, Rcsiden1iol occupancy of e structure by a group of people 1ha1 docs
1101mee11he definition of"Household Living." "Ho1el," or "Octenlion Facili1y•.
Tenancy is ammgcd on a monthly or lonicr basis. and the si:ic of the group may be
larger 1han a household. Generally, group living structures have & common eating area
for residents. The residents may receive care, training, or 1reatmcn1, and cnregivers
may or may not reside at the site. Accessory uses c-0mmonly UlClude recrca1ional
faciliucs and vehicle parking for occupants and stafT.
b, Specific Use Types. This category includes 1he following use types:
(I) Group lh1ng Facili1y. l..orge/Spec1al. Any residence for more than eight (8)
unrclnled individuals. and any residence for up 10 eighl (SJ unrelnlcd individuals
1ha1 does no1 meet the definition of"small 1reatment facility" or "small group
lhing facility" If any mdividual n:sidcn1 of a group lh1ng focili1y does not meet
!he defini1ion of"small 1rea1ment facility" or' small group living fec1li1y," the
entire facility shall be classified as a lnrgelspecinl group living facility (rather
1han a small group li,ing facil it)' or small ucatme,,: facility). Examples of
large/special group li"mg faci hues include. bu1 arc not limned 10, any of the
follo\\ing fncili1ies 1hn1 meet chis dcfini1ion:
(a) A secure rcsidcnt,ol treatment center. as defined III C.R.S. Sccuon 26-6-
102(9) ct seq., as amended; or
(bl A sheller for homeless persons: or
(c) A dom1i1ory: or
(e Ill A frmcmi1y or sorority house.
(2) Group Living Facility, Small. A residence foo up 10 eight (8) unrelo1ed
,ndl\iduals. none of" h,ch arc rccci,ing on,si1e medical or psycho,og,cal
1rcn11ncnt. but some or nil of whom may be receiving on-site physical assis1nncc
\\ith day-10-day lhing acti,ities. Examples of small group li\ing facili1ies
include any of the following 1hat meet this definition :
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l•l A oonprofil ~<lllp home for the aged oran O\\ntto.:,-up,cJ ~•rwp home for 1he aged. as defined ,n C.R S. 31-23-303 (2)(8) ct >"I • 35 amended. or lb) A s1a1e-licenscd personal care boarding home. as defined 111 C.R.S. 15-27-10 I c1 seq .. as 3mcnded: or (c) A srnte•hccnscd conununily rcsidemial home for persons w11h dc\'elopmemnl dis3bili1ics. as defined in C.R.S. 27-10 .5-10 1 c1 seq .. as amended: or
(d) A home pro\'idmg independent residen1ial suppon scn·1ccs for Ille
dc\'dopmentally disabled. as defined in C.R .S. 27-10.5-102(19) Cl seq .. as
runcndcd: or
(c) A S\Jte•hcemed residenual child care facility, a, defined m C.R.S . 16-6-
102(8) et seq .. a.s ,mended: or
(f) A fomilycarc home, as defined io C.R.S. 2~-102(4) Cl seq .• as amended:
or
(g) A foster care home. a, Jc fined in C .R.S. 26-6-102(4 .S) ct seq .. as amended:
or
(h) A f8Bmi11g er l!eerdhie hews e.
(/6-//./D(l)(h)(J) Small Treatment Cent~r; /f,.//-ID(l)(b)(4)Detcmwn Fucility;/6-
//-ID(l)(c)Exemption, 1111d 16-I I-JDC., Home Cure, contain no cha11g,·<1111d arc
•here/ore not inc/11drJ in tlm Ordinance)
3 Household Linng.
a. Characteristics. This use category is characterized by residential occupancy of a
dwelling unil by o household. Tenancy is arranged on a month-to-mulllh or long,r
basis. Common accessory uses include rccreationnl acti\'itics. r~ ,mg or ps1s,
gardens, personal storage bu ildings. hobbies. and pnrking or the occupan1's vehicles.
Home occupa1ions ore subjcc110 additional regulmions. See Sec11on 16-54.C. I
EMC .
b. Specific Use Types . 11,is cnlcgory includes ,he following use lypcs:
(l) L1\'cl\Vork 0\\ clhnll, A combmntion of rcsidcn11nl o.:cupancy and commcrc,al
OCtl\11) located \\llhln I d\\elh ng l'llit A "li,e \\Ork c llclling" use is a
pnnc1pal u,c 3nd the commercial ac11,ity ;snot• h<>inc occupatu•n Typical
work activ,ucs in a li\'ciwork dv:clling may include, by WB) of cxami,le only.
professional sct"1ccs, cmll,.orl:. an <tud,os,Jewelry making. fob.,, ,mo;
cloth b'OOds, and other similar acthoitics.
11) Mnnufncturcd Home Park. A 1ract or land. either in single o"ncrship 01
divided into hlocl s and/or lols which m.1y be in sepnratc ownership, which has
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been developed wi1h all necessary facili1ics and sen•ices in accordance wilh a •
site dcn•iopmcm r,lnn. meeting all of the rcqu ircmcni s of 1hi s Ti1lc and" hich
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(.I)
(4)
(5)
1s 1n1cndcd for 1he expre,-purpose 11f pn>11Jml,! a sJll,f} mg II\ ,ng environment for m.1nufoc1ured home re>1 den1 1 on a long-term occupancy basi.. Mulu-Unn O1<elling A dll'elhng comaimng four (~l or mure d"·elling unns, with oll d11elling um1s locutcd en 1he same l01 or pan:el . Except that if the dwelling 1s designed ll'1lh n,spcc110 separate cleciric, water. nnJ gas u1ili1y connccuons and common wall construction 10 allow each d\\elltng 11ml 10 be located on 11s own separate lot through a subJ111sion after · mcc o, the building pcmut. 1hen the dwelling shall be a one-unit attached dwelling.
One-llnn Attached Dwelling. A one-unit dwelling a11acned 10 one (I) or more
one-unit dwellings, with each dwelling unit locmed on its 0"11 separate !01, or
where the dwelling 1s designed "1th l'C$l>C~~ 10 separate e!cctnc, water. and gas
·11ilil)' conncc1ions and common wall cons1ruc1ion 10 allow each dwelling unit
10 be locntcd on ils own separate lot through a subdivision after issuance o r 1he
building permit.
One-Unn Detached O..·elling. A one-wut dwelling !hat 1s oot altached 10 an)·
oth,:r dwelling by any means, and is lo.:ated on a s,:paratc 101 from any other
dwclting unit A one-unit detached dwelling may i·•:lude a manufactured home
m compliance with lheSJandards ~ forth m Seel•~, 16•5•2 A.3 EMC.
(6) One-Unit Detached Dwelling on a Small Lot. A onc-uni1 detached dwelling
sited on a "small lot," as 1ha1 tcnn is defined in Section 16-11-2 EMC
(Dcfimtion of Words. Tenns, and Phrases), below .
(7) Two-U1111 Owclhng, A dwelling con1ainmg 1wo (2) dwelling units; except 1h01
if 1hc dwelling is designed "ith respcct to separate ckctric. water, and gas
u1ili1y connections and conunon wall co11s1ruc1ion to allow each dwelling unit
10 be localed on its own separate lot tnrough a subdi,ision •Rcr issuance of the
building pennit, 1hcn the dwelling sJ13II be a onc-unil anached dwelling.
W Boardios Pr Roomios Hous An owner oo:woied o oucamit dwsllins with
1»'.Q (~) but om mars 1han four <4> guest moms in addition to the mident
llmtsebold where lodvio@ rn for stovs ueatg 1b?o shinv {30) dnvs per~
c. Exceptions . Lody ing ma dwelling unit or l'hcre unns arc rented on less thin a
monthly basis is classtlicd in the ,isi1or 3CCOrrutxxtuion use cat,-gor)'.
Sccuon 5, The l 11)' C'ou!l(;1I of 1hc City of Engl.,..·ood. Colorado herd>) authorizes rune ,ding
Title 16. Chapter 11. Section 2. "D<f,11/1/011 •,Jll'onJs, Temt,, a11d Plir/1\es'' of the En~lcwood
Municipal Code 2000 by inscn ing in alphabetical order 10 read as follows:
Boarder: An individual, other 1han a member of 1hc ~.Ill HIRIH)' occupymg the dwelling unit or
a part thereof, who, for a con01derntion, 1s furnished sleeping accommodauons and may be furnished
meals er e1her s...,iei!!i ■5 pall ef 1he a011si eera1 i011.
BJ.wctl.wg or Rqqm(ng Jlqi,g· An 9\)Dg OC£YPiS9 OOS·UOlt dw,111,q coma,nins IWO '') hul POI
more than four C4l vuest rooms wh;r.lodmns is Pmxidcd 1~1rdm with or without meals..&
SODJRCNPtiOP Ths )gdgjpg shall he )ggg-Jqm midc:olial lodKIOR with $JO\'$ RCSillP lbeo lhiOY OQ)
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d.'l), P<'< ll(l,1[!1,:r [)11, us.:Js oot :t, 1<11Qr ,1cc,,nl!Jli•1fattllnJ1<1r n oomc$cupn11~11 as dclilll:d )lcrc111 '.:U'J111J£nSnJ.1!11" ninL mdudc 1nu11ei:. s~·1~~ ,~.QUWWlll.f.'5 ,,f value, Gr1111p Lll'lng. ,\ use cnlegory chara-icriuJ hy residential i>CCUJ":mc} or a ,1ruc1urc by a gr,'Up 11f people 1hn1 d= nN meet the ddimuon or "Household I" 1ng." "hotel." or "dc1en11on foc,hty". Te1ut1b'Y is armng<-d on a nionthl) or loni;<'r ba,i~. and the size or the group nia) be lnri;cr than '1 hou,chold. Gcncr.11ly. group !iV1ng stn1c1urcs hn1c a common cming area for res1dc111, The residents lll3} tl'CCl\C ~are. traimn~. or 1rcn1mcn1. and carcj1m:n ma} or may not reside al the :--ile.
G/'1!11/1 Lil'll,g Fucili(1', 1~wge1S1u.·<·ial: A specific l)'(>C or group li\',ng use. Any residence for
mort than cittltt (8) unrtlatcd indilidu.,1$, and any residence for up 10 eight (8) unrelated
mdh iduals that docs not meet the definition or "snull trcatment facility• nr "small group hvmg
foc1l11y". tr any indivtdual re.sidcnt or n group hvmg focihty does not mce1 the dclinition or
"small trtatment fodlit)" or "slll3ll ~p lll'ing facility." the cnurc focllity shall be classified as
a lnrgdspecial group liling facility (ra ther than n smnll i,'l'OUp li\'ing focility or small 1rea101em
focili1y). Examples or large/special group li"ing lac1litics include. but arc not hmucd to, any or
the following fneili11cs that meet 1his definition:
(,\) A secure residential 1rca1mcm center. as defined m C.R.S. 26-6-102(9) et seq .. as
(B)
(C)
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!Pl~
amended: or
A sheller for homeless persons; or
A domli1ory: or
A FeeHoHg er ba•F<lm~ l,et1s e: er
A fra1crru1y or sorority house. s~-c delinmon of"Group Ll\ing".
C ·u11p L/l'i11~ Foci/in•, Sm11II, A specific type of group lh ing use. A res1dt1tee re,, up to eight (8)
unrclntod individunls, none of wh ich nre rece,vin:; on-site mcdienl or psycholo11.ical treatment,
but some or all or" hom 1113) be reccl\ing on-site physical assistance with da)'•to-day h1ing
acti v11ics. Examples or sn~1 II group li,inp faciliucs include an) or the following that meet this
definition;
(A)
(0)
(Cl
(D)
A nun-profit group hom,c for the aged or an owner occupied group liomc for the
aged, as defined m C.R.S, 31-23-303(1)(0) el seq .. as amended; or
,\ stntc•hcenscd personal care boarding home. as defined m C.R S. 25-27-101 ct
seq , as amended; or
A state-licensed conunw1i1y rcs1dcn11al home for persons \\llh dc,elopmcn1nl
disnbilitlcs. as defined in C.R.S. 17-10.5-101 ct seq .. ns nnK'll<lcd: 11r
A ht>mc pro'tdmg mdq,ffldcn1 rts1dcn1ial suppon scr,iccs for the
devclopmcnl:lll y disabled. as defined i;1 C R.S 27-10.5-102(1'1) ct .cq .. as
amended; or
,\ s1111e-licenscd rc>1uen11al child care fac1h1y .... dclined ,n C.R S. 26-6-10~(8)
Cl ~cq .. .'Ii nmcnded. ,,r
A fonuly care home, JS defined in C R.S 16-6-IOl\ ~) et seq .. a., amcndc-d, ,,r
.\ fo>tcr care home. n~ defined in C K.S. 11,-6-101(~ .5) ct s<.-q .. tL, :uncnd,-d. or
,'. ,.., RUii~ ar h@ard111~ h,-ws,.
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~-tir3ndfothcom; 311 c~a,.1mg hoardmµ or J'O(\IJ)inc house ~o r).i~1lng BoardinJ! or RoominK House DIR)' be "grandfa1h crrtl " in R-1-A, R-1-n and R-l•C ,one dis1ric1S. For all 01hcr zone districts r.istmg &ardmg or R""011mg I louse-, may be ''l!f'IJKlfo1hercd'' under 1l11s Ordinance To qualify as "1,'l'andfa1hercd" nnd 11\<rcfore llOI re11u111'd m h.1\e an 1n11ial ConJ111on.1I Use l'cnnil hearing. the applicam for "grandfa1hcring" sh.ll rcgis1er as an exist ing use 1111h111 six1y (60) days of final passage of 1his Ordmance. pro,·1dmg 1he following.
I. Proof acc•'Plable to 1hc CII) Manager or d~ign•e thal 1he use was operatin£ prior to
the date of 1hc passage of Ordmance No. 23. Series of 2008, cnti1lcd "AN
EMERGENCY ORDfNANCE F.STAB LISl111'G A TEMPORARY SUSPl:NSION OR
MORATORIUM ON THE ESTABLISIIMENT OF NEW 'ROOMING OR
BOARDING HOUSE' USES FOR A PERIOD OF SIX MONTI 1s:·
Comr,liance with all pro"isions of 16-5-2(A )(7). Siond:1,ds for Boarding or Rooming
House.
Once a Boarding or Rooming House has been found to be a "gmndfo1hercd" Co. d11ional Use. it shall
be subject 10 all 0100 requ,remcnts of 16-1-12 F through II to moin1ain the l'em1i1. A
"gmndfo1hcred" use shall only be exempt from 1he in11ial Conditional Use Hearing and shall r.ot be
exempt from 1he remaining cntcna for Condi1ional Uses or any addi1ional cri1erfo found in I 6-5-2A
(7).
~ Safc1v Clauses. The Ci1y Council hereby finds. de.1ennine:.. :ir.J declares thn1 this
Ordinance is promulgated under 1he general pol ice power of the C11y of Engl,:,·,'OOd, tlwt i1 1s
promulgated for the health. safety. and welfare of the public. and 1ha11his Ordinn11ce is nee,cssary for
the prcscrva1ion ofhcnlth nod safety nod for 1he pro1ec11on ofpuhlic con,emence and wclf.re. The
Ci1~ Council furthcrdetennincs 1hat the Ordina11ce bears n rational rcla1ion lo ti,~ rroper !cgisla1ivc
object sougl11 to be ob ta ined.
~ Seyerphili1y. If any clause, scmence, paragrnph. or p:1n of 1111s Ordinance or lhe
opplicn1ion thereof 10 or,y person or c1rcun1Slam:c,, shall for any l'C350n be adjudged by a court of
competent j urisdiction invalid. suchjudgmem shall 001 affect. 1mpnir or invalidn1e 1hc remainder
of this O · linance or ii applicauon 10 01hcr persons or circun1Stanccs.
~,,,;"!ll, lnconsjs1en1 Ordu,ancc~, All 01i1cr Orchnanccs or ponions 1hereof 11ic'1ns1stcnt or
~ontl,cung ,. uh this Ordinaoce or 311) ponmn l,crcof nr< hl-reb) repealed 10 the cx1cn1 oi such
mcon~is1cnry or conOict.
Sec1ion I 0. Effc-ct of rcneal or 111odilica11on. The repeal or 11101hfiea11on of any prO\ is ion of
the Code of 1he Cny of F.n~lcwood by 1h1s Ord1n.ince shall not rclea.sc. ex11ngu1sh. alt<-r. modify.
or change in" hole or m pan any penalty. forfeiture, or linh1l11y, ci1hcr civil or enminnl, which
sha ll have been incurred under such pro\'l;ion. and cnch pro,,sion sh.111 be trcatl'd and held as
Still n:m:unini; m force for the purpo~c, of i.us1aining any and all prop,·r ac1ions, sui1s.
proceedings. onJ prosccu11011> fnr 1hc enforcement of the penalty, forfeiture. or lmb1hl)'. JS well
ns for 1he purpose or susta1nmg ony Jud1,'111c111. decree. or order which can or ,nay be rendered.
1,-n1crcd. or made in such action~. sui1s. prc,cccdings, or prosccu11ons.
~jj. Penahv. The P••nal1y rro,·ision of Scc11on l-4-1 cMC shall apply,~ each and
every ,·1otn11on ,lf tins Ordir.ancc
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Introduced, read rn full. and passed on lirst reading on the 18th day of August. 1008. Published n< a lJtll for on Ordmance ,n the Cny's 011ic1al newspaper on the :?2"' day ,1f August. 200S . Published a.so 8111 for an Ordinance on the City·• offidal website beginnin11 on the 20th day of August. 200S for thirt y (30) days
A Public l lc:1ring was held on September 2. 2008.
Amended and passed as amended as n Bill for an Ordinance on the I 5"' day of September.
2008.
Published u JJl Amended Bill for Ordinance on the City's official wet.site beginning on the
11• day of September, 2008 for thirty days.
Read by tit le and passed on fin al reading on the 6" day o f October. 2008.
Published b)• title in the City's official newspaper as Ordinance No._. Series of 2008, on
the 10th day of October. 2008.
James K . Woodward, Mayor
ATTEST:
Loucrislua A. Ellis, City Clerk
I. Loucrishin A. Ellis, City Clerk of the City of Engle\\ ood. Colorado. hereby cc,1i fy that the
above and fo rego ing is a tru e copy oft he Ordinance pasred on final readi ng nnd publi!hcd by
utle as Ordinance No._, Series of 2008.
Loucnshia A. Eilts
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• ORDINANCE NO. SERIES OF 2008 R\ \L 1 IIORI I \' ('OUNCII IJILI NO. /17 INTIWDlll'ED II\' t'OLINt'IL MEMBER McCASI IN AN EMERGENCY ORDINANCE AU'I HORIZING rHE ISSUANCE AND
SALE BY THE CITY OF ENGLEWOt)D, COLORADO OF A REVENUE
BOND (DENVER AREA COUNCIL. BOY SCOUTS OF AMERICA
PROJECT) SERIES 2008 IN AN AGGREGATE PR INCIPAL AMOUNT NOT
TO EXCEED $7,000,000 FOR THE PURPOSE OF FINANCING CERTAIN
FACILITIES AND IMPROVEMENTS: APPROVIN(i A RELATED
FINANCING AGREEMENT AND A BOND TO BE ISSUED THEREUNDER
AND AUTHOR IZING THE EXECUTION OF SllCH FINANCING
AGREEMENT, BOND AND OTHER RELATED DOCUMENTS; MAKING
FINDINGS AND DETERMINATIONS WITH RESPECT TO SUCH
FINANCING AND THE BOND: ANO REPEALING ALL ACTION
HERETOFORE TAKEN IN CONFLICT HEREWITH ANO DECLARING AN
EMERGENCY.
WHEREAS, the City of Englewood, Colorado (the "City") is a legally and regularly
create<., established, organiled and validly cxisling home rule city, municipal corporation and
political subdivision under the provisions of Article XX of the Constitution of the State of
Colorado (the "State") and the home rule chmter of the City (the "Charter"): and
WHEREAS, the CH) 1s authorized by (a) Section I 05 of the City's Charter by ordinance
and without an election, to issue securities for any public purpose payable in whole from any
source of revenues other than general ad valorcm tn~es and {b) part I of article 3 of title 29,
Colmado Revised Statutes ("CRS"), known as the County and Municipality Development
Revenue Bond Act {the "Bond Act"), 10 issue bonds 10 finance or refinance any land, building or
other improvement and all real and pcrsonul properties used for or in connection with certain
facilities described in the Act. including manufoctunng, industrial. commercial, agricultural or
busmes.~ enterprises: and
WHEREAS, rcprcscntati\•cs of Denver Area Council. Boy Scouts of Amcricu, a Colorado
nonprofit corporation (the "Corporation") nnd an organizat1on dcscnbed under Secuon 501(c){3)
of the l111cmul Revenue Cade of 1986, as amended (the "Code"), have requested that the City
issue its revenue bonds t◊ finance certain foci lilies and improvements locuted in Boulder County,
Colorado and the Ci ty of Lakewood, C'olorodo (the "Projects"): and
WHEREAS. B@ldcr County und the City of Lnkewood have s-ach delegated their
respective authority to the City of Englewood to issue bond~ under the Bond Act as pcnnilled by
Subsection 29-3 ,104(2 ) of the Act: and
WHEREAS. the City has considered the request of the Corporation und hns concluded
that the linancing of the PmJects promotes the public hc11!1h. welfare, safety, convcmcncc ond
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prosperit y of the Ci ty and the State of Colorado. und that the C 11 y should issue it s revenue bond Ill 1>rovidc sud1 financin g. subject 1.i tl1c ~ondi tions se t fon h herein : nnd WHEREAS, the City will iss ue. sell and deliver it s Re venue Bond (De nv er Arca Co un~i l. Boy Scouts of Ame rica Project) Series 2008 (th e "Bond ") 111 a principal amount not u, exceed S7,000.000, and loan the proceeds thereo f to th e Co rp oration, pursuant to the tcn ns of a Financ in g Agreemt:nt IO be dated it s date of execution and delivery (th e "Financi ng Agreeme nt") among the Ci ty, the Corporation and Co lorado State Bank and Tn1 s1 (the "Purc ha ser"), 10 finance the Project s; and
WHEREAS , the Bond will be private ly plac ed with the Purchaser pursuant to the tenns
of the Fi11ancing Agreement ; an d
WHEREAS, lhe Ci ty is authori zed by lhe Supplememnl Publi c Securi ties Act , Article 57
of Title 11, CRS (th e "Public Securities Acl"). lo delegate to any of its members , chief executive
office r or chief fin ancial officer the authority 10 si!:,~1 a contrac t for the purchas e of securities or
to accept a binding bid for ec uritie s and , in addition , may del egate the following dc1ennin ali ons,
among others, to such member or officer wi thout any requirement !hat the issuing authority
approve such del enn in ations : (a) th e rate of interest on securities; (b) the conditi ons on which
and the pnc es al which the applicable securities may be redeemed before maturity ; (c) the
exis tence and amount of any capitalized interest or reserve funds; (d) the price at which the
securities will be sold; (e) th e principal amount and denomi nati ons of the securities ; (f) the
amount of principal maturing in any part ic ular year; and (g) the dates on which principa l and
interest shall be paid ; and
WHEREAS , th e Ci ty hereby dctennines thal it is in the City's bes! interest lo delegate 10
ils Direct or of Fi nanc e and Adm inis trative Services (the "Director of Finance") certa in of the
specific power s enumerated in the Public Securities Act as prov ided in !his Ordinance ; and
WHEREAS , !here have been presented 10 lhe City Co uncil al !his meeting the proposed
fonn of the Finan ci ng Agrecmonl, which include the fom1 of th e Bond ; and
WHEREAS, the City Council has dele nnined that in order to complete the iss uan ce of
lhe Bond to allow the Corpora tio n lo com pl ete the Projects before the onsel of weather that will
prohibit constnuclion , ii is hereb y declared that an emergency exists an d 1h n1 !his Ordin ance is
necessary for the immedi ate prcscrvn1io11 of lh c publi c peace, hea lth and safe ty;
NOW , THE REFORE. BE IT ORDAINED BY THE CITY COU T IL OF THE CITY
OF ENGLEWOOD, COLORADO :
Section I. Legal Aulhorizalion . The Ci ty is a lega ll y, du ly mid regularly crea ted ,
estab li shed . organized and va lid ly exis ting home nile city , municipal corpornli(ln and political
subdivision unde r !he provisi ons of Article XX of the ons1i1 u1 ion of th e State and the Cha n er of
the City and i • auth orized under lhe Bond Act lo issue and sell the Bond , for the purpose , in the
manner and upon the lenns and condit ions sc i forth in thi s Ordinance and in the Financ ing
Agreement.
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S<'~:11111 2. Octcrn1inat lons und l'lndlni:s. rl1c follt111•ing dc1cm1inati1111, uml findmgs arc hcrch~ modem acwrduncc with the Bond Act . mduding Scc11011, 21/-3-113. 2'>-3-11-1 and 2'1-:1-11Clofthc Bond Act la) The Financing Agreement ohli£a!CS the Corporation to pny the amount ncccs~ur} in each year to pay the principal of and the interest on the Bond . Tht' maximum amount rwccssal") m each year to pa} the principal of and the interest vn the Bond has been submitted to the City by the Purchaser for the purposes of this Ordinance.
(b) In the Financing, Agreement, the Corporation has covenanted to maintnin.
or couse to be maintained, the Projects m good repair and to carry. or cause 10 be earned.
all proper insurance with respect thereto.
(c) The revenues and other amounts payable under the Financing Agreement
are sufficient 10 pay. m addition to all other requirements of the Financing Agreement
and this Ordinance, all sums referred to in paragraphs (a) and (b) of this Section 2.
(d) The revenues and other amounts payable under the Financing, Agreement
arc sufficient to pay, in addition to all other requirements of the Financing Agreement
and this Ordinance all taxe s, if any, or payments in lieu of taxes. if any, levied upon the
Projects.
(c) The issuance of the Bond will effectuate the public purposes of the City
and carry out the purposes of the Bond Act .
(f} In order 10 complete the issuance of the Bond to allow the Corporation to
complete the Projects before the onset of weather that will prohibit construction, it is
determined that an emergency exists and that this Ordinance is ncc<.>ssury for the
immediate preservation of the public peace, health and safety.
(g) The City Council has been informed that, after reasonable notice was
given in accordance w1tl1 applicable law, a public hearing was held with respect to the
proposed issuance of the Bonds and lhc financing of the Projects. After being infom1cd
of the n.>sults of such hearing and for purposes of the public oppro"al requirement of
Secuon 147(1) of the Cooe, the financing of the Projects nnd the issuance of the Bond arc
hereby approved.
Section 3. Au thorization of lssu2nce or Bond. To defray the cost of the Proj<.'tts
(including inc1drnt11l expenses incurrCtj in iss uing the Bond). a single revenue bond dcsignutcd
"City of Englewood, Colorado. Revenue Bond (Denver Area Council, Boy Scouts of America
ProJect) Sencs 2008" m a principal amount not to excet-d $7,000,000 is hereby authorized to be
issued by the City. The Bond. when issued, shall he in such actual principal amount, bear such
date and interest rate, mature and contain such other t :n11s and conditions a~ set forth in the
Financing Agret.menL The maximum net e1Tcc11ve interc.q1 rate on the Bond shall not exceed
12.00-'o per annum. Section 11-57-204 of the Public Securities Act provides that a public en111y,
including the City, may elect in nn net of issunncc to apply all or any of the provisions of the
Public Sccuritit..'S Act. The Ci1y hcrehy elects to apply all of the Public Securi ti es Act tn the
131,nd. In lhc c, cm jn) portion ol 1hc PmJ<.'Ch tnD) nC>I 1,., curr-,ntl) fin3n~ca hle, 1hc bonds uuth"rizcd hcrcu11dcr mny be issued in one or more 1cnls. S<'Cl1on 4 Salr of Bond The 11lu<'C111cn1 and sale of 1hc Bond pursuJm 10 1hc icnn, of 1hc Fmancing Agreement arc in ull respects npprovc-d, au1honzc~I und con finned. The Mayo, (or Mayor Pro Tcm) is aulhorizcd Jnd cli1cc1cd to execute 1hc Bond. lhc City C'lcrk is authoriwd and d1rcc1cd 10 offix lhe seal uf 1hc Cny and Ill aucst the Bond. and each ,s authorized 10 deliver 1hc Bond for and on hchalf of the Ci ty IO the Purchaser pursuant m the Fina11dng Agrct:menl. The Bond shall be sold lo the Purchaser for lhc purchase price a.1 sci forth in the Financing
Agrccmcnl (subjcc1 10 the limi1a1ions set forth herein).
Scc1ion 5. Delega ti on. Pursuan1 to lhc 1enns of 1hc Public Securities Act, the
Director of Finance is hereby delegated lhe authority to establish: (i) the interest rate of the Bond
and lhe payment dates 1hcrcforc, provided 1ha1 1he net cffec1ivc in1crcs1 ra1e for the Bond shall
001 exceed I 2.()0%; (ii) 1hc prior redemption provisions for the Bond, provided, any redemption
prc·rmum thereon shall not exceed 4% of 1he principal amounl to be redeemed: (iii) the original
issue discount or premium !hereon shal l not exceed 3% of the aggregate principal amount of the
Bond: and (iv) the date on which the Bond shall malure.
Section 6. Approval and Authorization of Docum ents. The Financing Agrccmen1
is in all respecls approved, aulhorizcd nnd confim1cd. The Mayor (or Mayor Pro Tern) is
aulhorizcd and directed to execute, and the Ci1y Ckrk is aulhorizcd and directed to affix the seal
of the Ci ty and to attest, 1he Financing Agreement in subs lanlially the fonn and content as
prcsenled to the City on this date, subject to the approval of counsel to the City and the Director •
of Finance with respecl to lhe Finw1cing Agret.incnl, bul with such changes. modifica1ions,
additions and deletions !herein as shall to them seem necessary, desi rable or appropriate, their
execution thereof 10 cons1i1ute conclusive evidence of their approval of any and all changes,
mtxfifica1ions, nddilions and delelions from 1he fonns thereof as before this date.
Section 7. All Actions Heretofore Taken. All actions (not inconsislent with the
provisions of this Ordinance) heretofore taken by the City Council and the officers of 1he Cily
dir~,c\cd toward the issuance and su lc of the Bond therefor arc hereby rntitied, approved and
confinned.
s~-clion 8. Authori ty to Exec ute and Delive r Addit ional Document s. TI1c officers,
L'lllployc,-s and agents of the Cily shall tah JII action in confonnily with the Bond Act and the
Charter necessary or rcasonubly required lo effectuate the issuance oflhc Bond und shall take all
action necessary tlr desirable in conforrni1y w1tl1 the Bond Act nnd the Charter tu accomplish lhc
financing of 1he Projects and for carrying oul. giving effect 10 :ind 001tsumma1ing the lrnnsactions
contemplated by this Ord111:111cc ond 1hc Finoncing Agrccmenl, including wi1hou1 limi1n1ion the
~~ccu1ion. delivery and filing of any documcnLs. slatcmcnts or rCJl(1rlS wi th the Uni1cd Slates
lnlcmal Revenue Service or with the Sccr,'lnry of the Uniwd Slates Treasury or his or her
tlclegatcc necessary to mniniain the exclusion of in1eres1 un lhe Bond from gross income for
federal income mx puiµoscs w1d the cxecu1ion nnd dcl i,cry of any closing documents 10 be
dclivc'f'l:d in conn,'Clion wi1h 1hc s:ilc and deh,cry of the Bond.
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Sccll<>n lJ. Bond is a Limited Ohlii:alion . The Bond shall he a ,pc~1JI. hm11ed obl igat 1u~ 1111hc C11y nuyublc ,nlcly from the rcccipls and re\'Cnue, of the C'ity denvc,1 under ihc Financing Agrccmcn1 that nre specifically pledged therefor. The Bond shall never constitute a debt or indcbtednes.~ or the C'it~. the Stote or any county. municipality or poh11cal subdivision or the Siatc w1tlun the meaning of ony prcw1s1on or l11n11ation or the Cons111ution or sta1u1cs or the Slate or lhe Chaner or of any politica l subdivision or the Smte; and th e Bond slrnll never constitute nor give rise to any pecuniary liability of, or a chnrge against the general credit or taxing powers of. 1hc City. 1hc State or uny county, muiucipahty or political subdivision or the Stllte. The Bond shall not constitute a "multiple fiscal year direct or indirect debt or other
financial obligation' of the City undL-r Anicle X, Section 20 or the Colorado Constitution
Section I 0. No Pecuniary Liabili ty. Nothing contained in this Ordinance conccming
the Bond, or in the Bond or the Financing Agreement. shall give rise to a pecuniary liability or,
or a charge upon the general credit or tax ing powers or, the City, the Stale or any county.
municipality or political subdivi sion of the State. The breach by any party of any ab'TCCment
contained in th is Ordinance. the Bond or the Financing Agreement shall not impose any
pecuniary liability upon. or any charge upon the general credit or IJllting powers or. the City, the
State or any county, municipality or political subdivision or the State, none of which has the
power 10 pay 0•11 of its general fund, or otherwise contribute, any pan of the financing or the
Projects, or power to operate tl1e financed facilities as a busim.'!.S or in any manner.
Section 11. Limitation or Rights. With the exception or any rights herein expressly
conferred, nothing expressed or mentioned in or to be implied from the Ordir.Mce or the Bond is
intended or shall be construed to give to any person, other than the City, the Corporation or the
Purchaser. any legal or equitable right, remedy or claim under or with respect to this Ordinanc-e
or any covenants, conditions and pro,isions herein contained; this Ordinance and all of the
covenants, conditions and provisions hereof being intended to be and being for the sole and
exclusive benefit of the City, the Corporation and the Purchast-r as herein providt-d.
Section 12. Pledge of Revenues. The creation. perfection, enforcement, and priority
or the pledge of revenues 10 secure or pay the Bond as provided herein and in Lie Financing
Agreement shall be governed by Section 11 •57-208 of the Public Securities Act and this
Ord inance. The pledged revenues for the payment of the 13ond, as received by or otherwise
credited to the City, shall immediately be subject to the lien of such pledge without any physical
delivery. filing or funher act. The lien of such pledge on the revt'IIUes shall hav<. priority over
any or all other obligations and linbilitit'S of the City. The lien or such pledge shall be valid,
binding und cnforcenble ns against all person s h11viog cluims of any kind in ton , eontrnct or
otherwise against the City 1rre.;;pectivc of whether such persons have notice of such liens.
Section 13. Immu nity or Orticers. Pursuant to Section 11-57-209 of the Public
Securities Act, if a member of the C'11y Council, or uny oflicer or agent of the City acts m good
faith, no civil recourse sholl be uvoilnb lc against such council member, ofliccr. or '"'Cnt for
payment of the principal or or interest on the Bond. No recourse for the payment of any part of
the principal of, prcrmum, if any, or interest on the Bond for the satisfaction of any li:bility
arising from, founded upon or existing by reason of the issue, purchase or ownt'r.lhip of the Bond
• shall be hnd against any oflicinl. ufliccr, council member or ugcnt or the City or the State. all
such hah1ht} 1<1 he c,prcssl} rcleJSl.-d and \\JI\L~I a, J comhunn nl :111d a, a pan of the con,1dcratmn for the issue. sak nnd ,un:hasc of the Di>nd . Sec1ion 14. Limit nli ons on 1\ctions. In accorda11ce w11h the Puhhc Securities Act , nu action shall he hrnught quc~lioning the legali ty of uny contract. Financing Agreement . mongagc. tntlit indenture. prncc;,-ding rclnting tu the Bond or the linancing of the ProJects on and aflcr thiny (30) days Ii-om the cOs'Clll'c date nf tlu~ Ordmancc. Secuon 15. Co unterpar ts . This Ord111uncc may be snnultanc-ously executed 111
several countcrpans, each of which shall he an originnl and all of which shall constitute but one
and the same instrument.
Section 16. Captions The captions ur headings in thi s Ordinance arc for convenience
only and in no way define. limit or describe the scope or intent of nny provisions or SL'Ctions of
this Ordinance.
Section 17. Vali dity of Bon d. The Bond shall comnin a recital thnt such Bond is
issued pursuant to the Bond Act :ind the Public Securities Act, and such recital shall be
conclusive evidence of its validity and of the regularity of its issuance.
Section 18. l rrepealablllty. After the B<>oJ 1s I sued, this Ordinance shall be and
remain incpealable until the Bond and the interest thL-rcn n shall have been fully paid, canceled
and discharged.
Section 19. Repeal er ; Suspension of Ru les for Emergency Meas ure. All •
ordinances. resoluti ons, bylaws, orders and 0U1er instruments, or pruts thereof. inconsistent
herewith are hereby repealed 10 the extent only of such inconsistency. This repealer shall not be
con~1rued 10 revive any ordinance, rcwlution. bylaw. order or other mstrument. or prut thereof,
heretofore repealed . All rules of the City Council. 1f any. that might prevent the final passage
and adoption of thi s Ordi nance as an emergency measure at this meeting of the Cit y Counci l be,
ond the same hereby ore, suspended.
Section 20. Se,·erab ili ty. If any section. paragraph, clause or provision of this
Ordmance shall for any reason be held to be invulict or unenforceable. the invalidity or
unenforccability of such section, paragraph. clause or provision shall not affect nny of the
rcmuinin g provisions of this Ordinnnce.
Section 21. Qualified Tax-Exempt Oblil(atio ns. The City hereby designates U1e
Bond as a "'qualified ta.,-cxempt obligation'" for the purposes set fonh in Section 2<iS(b){3) o f the
Code.
Section 22. Emergency Clau se; Effecti ve Da te and Di sposition. For the reasons
stuled in the recitals to this Ordinance, it is dcclored that an emergency exists and it is necessary
for the immediate prcsen•ation of the public health or safety for this Ordinance to take cffcc1
immediately upon 1L• adoption. This Ordinance was passed on first reading as ao emergency
mcnsurc by th e unanimous nnirmative vote of the quorum of the City Council present at the
meeting at which il was introduced ond passed on second reading as on emergency measure by •
the unanim ous ullinnotivc vote of the quorum of the City Counci l prc'Scnt at the SL'Cond meeting.
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Thi, Ord111ancc shall be authenticated and shall he numbered and rL'C(lnlcd m the otlic,al records t,f the Cit). Tius Ordinance, hall he puhhshcd m full within se, en (7) days of its final adopuon Introduced. read 10 full. 311d passcd :is an ~~~· OrJir.i= an ru-s1 rcadm~ on the 15• dny or Scptcmhcr. 20l)8. Published 11.< an l·.mcrgenc) 011! fo1 an Ordinance on the City·~ official -.cbs11c bqunnin1t on the 17th day or September. :oos for thiny ()0) day,.
l'ubhshed as a Bill for an l:mcrgcncy O.dmancc in the Cny·s offie1al nc-.spapcr on October 3. 2008.
Read by title and passed OD final reading as an E,ncrgcncy Ordmancc on the 6• day or October, 1008.
Publtshcd m Ml as an Emcq;cncy Ordinance on the I Olh day or October. 2008.
Published as an Emcr)!CIIC) Ordinance OD the City's offiaal website beginning on the s• day or October,
2008 for thiny (30) days.
James K. Woodward. Mayor
ATTEST·
l..oucrnlua A-Ellis. Ciiy Clen:
I, Loucnslua A Elbs, Cny Clen: rf the C11y of Englewood. Colorndo. bcrt-by certify lh:lt the abo,'C and
foregoing is a true copy of an Emergency Ordinance. read ,n full, and passed on final reading on the 6th day
of October, 200S.
Loucruhia A Ellis
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COUNCIL COMMUN ICATI ON Dale: Agenda llem: Subfect: October b, 2008 11 Ci A Resolubon Transrernng $75,000 from the General Fund 10 th e Puhlic Improvement Fund for Golf Course Expend itures Initiated By: Staff Sou rer:
Department of Finance and AdminrslrallVe Services frank Gryglewicz, DireclOf
COUNCIL COA L AND PREVIOUS COUNC IL ACTION
The Cily leased a portion of the Golf Course to the Sheridan Redevelopment Agency by approving
Ordinance 28, Series of 2006 on final reading August 8, 2006. Oty Council approved the 2008
Budget by passing Ordinance 57, Series of 2007 on October 19, 2007, City Couno1 transferred
$220,000 for Golf Course improvements on June 16, 2008.
RE COM MENDED ACTION
Staff recommends Oty Council approve the att.iched Resolution transfenlng $75.000 from the
Genetal Fund tn the Public Improvement Fund (0( improvements 10 the Coll Course parking 101.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
During the 2008 Budget retreat City Council agreed 10 transfer S 1,500,000 from the Public
Improvement Fund (Golf Course Proceeds) to the Gener di Fund to "bridge• the revenue/
expendi ture gap ,n the budget, Because 2007 revenues were higher and expendi tures lowet than
expected, Council determined S 1 million of the bridge funds could be transferred 10 the Long Term
Asset Reserve (LTAR) and $.5 million could be used for Golf Course im provements, equlpmcn~ and
conlingen cles. This transfer Is ior a pa rking lot ove rlay at the Golf Course. The µarking 10 1 overlay
will be performed by city staff and \\lll reduce th e City's po,tion of the total cos t of the parking lot
expansion project
The follO\~lng illustrates the transfl.'r and use of funds:
GENERAL FUND
SOURCE OF FUNDS:
Unreserved/Undesignated Fund Balance
USE OF FUNDS:
Transfers Out to th e Public Improvement Fund
S75,000
$75,000
PUBLIC IMPROVEMENT FUND SOURCE OF FUNDS: Tr.msf!'f~ In trom the Gener.ii Fund USE OF FUNDS: Goll Coo~e Parking Lot Overl~1·:
FINANCIAL IMPACT
$75,000 $75,000
This transfer from the General Fund to the PIF will reduce •he fund balance by $75,000.
LIST OF ATTACHMENTS
Proposed Resolution
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RESOLUTION NO SERll·S OF 100S /\ ltESOLU I ION rRANSFl'RRIN(i FUNDS FROM T!IFGI NERAL FUND TO rill' PUOI.IC IMl'ROVF~1FNI FUNIJ FOR GOLF COU RSE EXl'l!NDITL1RFS. WI I EREAS. 1.. Tl) C'ounc,1 lmnsforroxl S220,000 for ~,olf COIT™> 1mpm1·cn,cnts on June 16. 200.~; nncl
WI IEREAS. Staff recommends Cny Council approve this R=lution 1rn11sferring S7S,OOO from
1hc Genc:ral fund 10 lhe Pubhc lmprovcm<ill Fund for impro, rm<ill5 lo the golf course parking lot.
NOW, TIIEREFORE. BE IT RESOl,VED BY THE CITY COUNCIL OF TIIE CITY OF
ENGLEWOOD, CO LORADO, THAT:
~ The City Counctl of !he Clly of Englewood. Colorado. aulhonzcs 1hc transrcr of funds
from the General Fund 10 lhc Public Improvement Fund, as follows:
GENERAL FUND
SOU RCE OF HJN DS:
Unrescrvcd/Undcsigna1ed Fund Balance
USEOHUNOS:
Transfers Out 10 the Puhl ic lmprovcmc111 Fund
PUHL.IC IMPRO VEMENT .-UND
SOURCE OF FUNDS:
Transfers In from the General Fund
USE OF FUNDS:
Go lf Course Parking Loi Overlay:
$75,000
$75,000
$75,000
$75,000
Scc1ton 2. The Cny Manager and the Dm:ctor of Finnncc and Administrathc Services arc hereby
authorized 10 make the above changes to the 2008 Budget for the City of Eng.k'Y>ood.
/\D0l'l'EI) AND Al'l'ROVEO lhi, 6th duy of Oc1obcr, 2008.
/\WEST:
Jn mcs K. Woodward. Mn )or
Loucnshio A. lilhs. Cny Clerk
I, Loucnsh 10 A. Ellis. City Cl erk for lhc City of 1.:n~lcwoo<l, Co lora do, hereby ccr11fy the ubovc ,s
a INC copy ofR<'SOlution No. __ . Scric.sof2008.
Loucnshio /\. Elli s. Ci!) •r.;;:r-
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COUN CI L CO~IMUN ICATION Date: Age nda It em: Subj cc l: O, tober o, 20<18 11 C i1 West Union Ave . Water Main Rehabilitation P•oject Initial e d By: I Staff Sou rce: Uti lities Department Stev.m H. Fonda, Director of U11hties
CO UNCIL GOA L AND PREVI OUS COUNCIL ACTION
None
RECOMM ENDED ACTI O N
The Utilities staff recommen~ Council approve, by motion, awardrng the Wes I Union Avenue P,p,i
Rehabllilat lon Projec t lo lnsitui.:,rm Tech 111 :he amount of S4 l 4, I 00.
BACKGROUND, ANALYSIS, ANO ALTERNATIVES IDENTIFIED
The 16 • wa ter main on West Union Avenue between S. San la Fe Drive and the S. Plaue River has
experienced numerous leaks over the pa11 te n years and has been de termined to be past Its useful
life. This wa :er main is a vital lin~ for the Englewood wa:er distribution system, being ii ,s th e largest
of thre.-mains c rossing 1l1e South Platte Riv~r, serving cuslomers 01, the west side of lhe Platte.
Loss of t1i•s water main would s1gniticantly 11npa:·t th e ent ire -,·aicr dis1ribu11on sys tem west of the
Platte Ri,er.
The Ullli~es Department de1ermined that a no-dig ma,n rehab1h1a1ion was necessary due to the hig,
1 olum e of \ruck traffic and a number of businesses along Wes I Union Avenue. WJSte Managemer t
and a loc,11 conc1e1e plant access their busrnesses fr om Union Avenue. Slip lin ing, pipe uursllng
and dlrectronal boring were n elhods e-,1lua1ed for lhis reh,1bihtalion project Trenchless
rehab,llla11on w,11 be the leas \ disrup11ve and allow bmines,es 10 remain opera ling,
TI1e 11rnjec t cons ists of a po1,1ble water 111ai11 rehabili1.11ion 01 approxunalely I 400 feel of 16'
schedulf.' 20 steel p,pe w11h 5/16 1hitk wall. A hypJss piping sys tem wrl l provide serv ice 10
l'ffected cuslon1ers during conslrutl,on, along \\llh 1r,1ffoc contu~, asphalt and concrele remo,al
and replacement.
FINANCIAL IMPACT
A b,d op~n ,n g \\as held September 16, 2008 and on!\ one bid was re<.eived:
ln sl tufonn Tech Inc ~414 1()0()0
The 01her companies tha t picked up bid packages cons1derAd 1lw job ei1her too big tor 1lw11 • compan\ or no1 economically feasible. The btd was re, iewed '1\ the Utihhe, Engmeer and deemed accep t,,ble. The Utility Department has budgeted $500,000 to r thi~ 2008 pip repair pro)e cl. LIST OF ATTACHM ENTS
Bid Tabulation Sheet
Wa ter ond Sewer Board Min utes
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• • City of Englewood Bid Tabulation Sheet Bid Opening Date: Septe mber 18, 2008 10:00 a .m. ITEM BID: ITB -08-133 W Unio n Ave P ipe Rehabilitation Projec t Awarded vendor high-ligh te d in yellow Addendum Bid Vend or Bo nd Total Bid Excep tions: fnsit fonn Tech In,. Yes Yes S 414 rnn _oo NnnA
Soiniello Co .
Est1mate for bid was over
S Nn llid -$500 000. Opted not to bid.
r ·-· t-Fc~imatP fnr bfd was over -
$ No Bfd $800 000 . Proiect risk is
hiQh . Doted not to bid .
Blanco Inc .
Sma 11 rnmoanv. Proiect s No Bid outside ranqe. Too big.
Grant Miller
S Nn Bid No resoonse.
s
Engineer •~ estimate -5300,000.00
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WATER AND SEWER BOARD PHONE VOTE SEPTEMBER 26.1008
The Englewood Water and Sewer Board received the minutes of the September 23, 2008
Water and Sewer Board meeting.
Mr. Woodwanl mo1•cd:
Mr. Wiggins seconded:
Ayes:
Members not reached:
Nays:
Motion carried.
To recommend approval of the September
23, 2008 Water and Sewer Board minutes.
Woodward, Wiggins, Oakley, Bums,
Habenicht, Clark
Higday, Cassidy, Moore
None
The next meeting will bl ~Id October 14, 2008 at 5:00 p.m.
Respectfully submitted,
ea., f::kwi,.µ.
Cathy Burras,e
Rccordini; Secretary
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WATER ANI) SEWER BOARD MINUTES September 23, 2008
The meeting wos called 10 order at 5:07 p.m.
Members present: Bums, Moore, Cassidy, Wiggins,
Woodward, Oakley, Habenicht
Members absent: Clm, Higday
Also present: Stewart Fonda, Director of Utilities
I. MINUTES OF THE AUGUST 12, 2008 MEETING .
The Englewood Water and Sewer Board approved the August 12, 2008 meeting minutes
as amended
Mr. Wiggins moved;
Mr. Habenicht seconded:
Ayes:
Nays:
Members nhscnt:
Motion carried .
To approve the minutes of th e Augusl 12,
2008 Water and Sewer Board meelmg as
amended.
Bums, Moore, Cassidy, Wiggins,
Woodward, Oakley, Habenicht
None
Clark. Higday
1. ll1'10N AVENUE WATER MAIN REIIABILITA TION 131D. The 16" \\atcr main on \\'est lJnion A\'cnuc bctwe?n S. San1a Fe Dme and the S l'la11e River has e,penenccd numerous leaks O\'Cr the past ten years and 1s past its usdul hfe. TI1is w atcr main is a ,•ital link for the Englewood water distributi on system, beini; it 1s the largest of three mains crossing the South Plane River, serving customers on the west side of the l'lauc. Loss of 1his waicr main would significan tly impael lhc en tire water distribullon system west o f the Pl aue River.
The Utilities Department detennined that a no-dig main rehab ih1n1ion was necCSSllry due
10 the high volu me of truck traffic and a number of businesses along W. Union Ave,
Waste Management and a local concrete plant access their businesses from Union
Avenue. Trench less rehabilitation will be the lcasl disruptive and allow businesses to
remain op~rating.
The project involves in situ repair approximately 1400 feet of 16" schedule 20 steel water
main with 5/16" thick wall . A bypass piping system will provide service to effected
customers during construct1on, along with traffic control, asphalt and concrete rcn1oval
and replacement.
A bid opening was held September 18, 2008 and only one bid was received from
lnsitufonn Tech in the amount of$414 ,000.00. The other companies that picked up bid
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packages considered the job either 100 big for their company or 1101 economically feasible. •
The bid was reviewed by the Utilities Engineer nnd deem ed acceptllblc .
Mr. Bums moved ;
Mr. Habenicht seconded :
Ayes:
Nays:
Members absent:
Motion carried .
To recommend Council approva l of the
Union Avenue Waler Main Rehabilitation
Project bid to lnsituform Tech. Inc. in the
amount of $414, l 00.00.
Bums, Moore, Cnssidy, Wiggins,
Woodward, Oakley, Habenicht
None
Clark, I li gd ay
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3 ARTICLE "THE Fl'TLRI: LOOKS BRIGHT."" The Board rccc1, l'll a copy of an anicle. ··nie Fu~re Looks Bright."" from the WE & T Mag.vine The an1cle discusses the rapidly gro, mg field ofuhra, 1olc1 irradiauon (UV) tcchnoloi;y. The marl:ct for UV technology is expected to grow to S900 million by 201 0. Stu noted that. that per an EPA mandate. the /\lien Filter Plant will ha,c to have their UV system opcmung hy 2013, \\tlh a pilot program beginning in 1010.
4. WATER RIGHTS UPDATE FROM DAVID HILL DATED JUNE 6, JULY 10
AND SEPT. 10. 2008.
The Board received from David Hill, Englewood's Water Allomcy, water rights updates
dated June 6. 2008, July 10, 2008 and Sept. 10, 2008. Stu discussed developments in
water litigation cases in which Englewood is involved.
5. WATER RATE INCREASES .
The Board received a copy of a demonslrllt ion of rate increases for the Water Enterprise
Fund. John Gallagher ofRcd Oak Consulting has been retained to study potential water
and sewer rate increases.
6. PENN STATE PUBLIC BROADCASTING-THE STORY OF OUR WATER
INFRASTRUCTURE.
The Board received notice of a new documentary titled. Liquid Asse1s: The Story of Our
Water Infrastructure that will air on PBS stations beginning October I, 2008.
The Board adJoumcd at 6:00 p.m.
l11e next Englewood Water and Sewer Board will be held Tuesday. October 14, 2008 at
S:00 fl m in the Community Development Conference Room .
Respectfully submillcd.
a~ rk~
Cathy Burrage
Recording Secretary
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COUNC IL COMMUN ICATION Date: Agenda It em: Subject: October b. !008 11 C iii A\\ard Construcnon Contracts tor Bndse 0\ er the Pl,111e Rh ~rat O.iord A, enue Initiated By: I Staff Source:
Department of Public Works David Henderson, Engineering/Capit,,I Projects Administrator
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
• Council appro, ed Resolution No. 79, Serles 2003, authorizing the City lo 3pply for Fede ral
tunds under the lntermodal Surface Transportation Efficiency Act (ISTEA I.
• C'>unrll approved Resolution No. 77, Serles 2005, ,1uthoriz1ng the Cily to appl\' for Federal
funds under the •safe Accou ntable Flexible Efficient Transportation Equ ity Act-legacy fo r
Users·.
• Staff discussed the status of the project at the August 14, 2006 Council Study Session.
• Council apprO\ed Ordinance No. 36, Series 2006 authorizing an Intergovernmental
Agreement (IGA) I\ ith COOT for the pedestrian bndge 0\ er the Plalle RI\ er al Dartmouth
Ave. This IGA obliga te~ $103,200 for design.
• Staff di5Ctlssed the s1a1u, of the project at the August 14, 2006 Council Stud1• Session.
• Staff discussed the status of the project at the January 16, 2007 Cnuncil Study Session.
• Cou ncil approved, by motion, award ing a design con tra ct to Hartwig and Associa tes on
May 7. 2007.
• Coundl Jp;i ro,•ed Ord inance No. 27, Series 2008 approv,ng Amendment No. I to our IGA
with COOT. TI1is amendment onliga ted $476,COO of federa l funds for construction.
RECOMMENDED ACTION
Staff recommends Council award, by motion, th e conslruction 01 "Bridge o, er th e Pia lle River al
O~ford Ave." l11e tnt.,1 esumated cons truction Cll'it (S,~b.8H.83) consish oi a rnnstructl nn
contrac t wilh Goodiand Cons1ruc1ion, Inc. in the amouni of $626,666.50. ,1 Protesslonal Sen Ices
Agreement with Hartwig S. As,ocia1es, In c. in the .unowll of S6R.8H.OO. ,111d a constructi on
contingenn m the amount 01 SJ 1.333.33.
BACKGROUND, ANALYSIS, AND ALTtRNAT1IYES IDENTIFIED
TI1e e\lSling bridge 0\ er 1he Plaue Ri, er"'·" built by E11gle" ood 10 connec t the rront and back nine
holes o( our Golf Course. Subsequent!\•, It has sened as a uoss-0\er connection ror the MJr) Cuter
Greenway. TI ,is has caused conmcts between pedestrians. bicycles, and golf carts. This proJect will
install a new s1ruc1ure. sou th or the existing bridge, 10 sep.ua te golf cour,e patrons from the Plaue
RI, er Tr,lll System.
The Dem er Regional Council of GO\ ernments !DRCOC) accepts ,lf>plicatlnns from local
gm ernments, r, p,callv on a I\\ o I ear C\ de, for projects 1n he cons,dered tor i~deral funding.
ORCOG, in cooper.11101111 Ith the Colorado Oepartrnent 01 Transpor1a1io11 !COOT), is tharged 111th prenaratio11 01 the Transportation lmpro1cme111 Prog,am {TIP). TI1e TIP prioritizes regional projecb 101 Federal Transportation Funds a1a1lahle through the "Sate Accountable Aexible Enk1t!nl Tran,por1.111on Equ1r, A1.t•legacy tor U,t!r> (SAFETEA·LUI. Engfe-,ood rlrst apphe:l !or this "Enhanu,men1 · projec1 in 200~ and, wnh Council's concurrence, 1, e reapplied In 2005. Based on our applicallon and cerhfica11on that local matching funds are availab le, DRCOG accepted the project in 2006 a11d included S579,200 In federal fu11ds in the TIP
(S 103.~00 for design and 5476.000 for construction). An IGA with COOT, obligating $103,200 In
feoeral iunds for design. ,,as apprO\ed ,n 2006. Our design consultan~ HarMig & Associates,
completed the design of the project in September. 2007. An amendment to the IG,\, obligating
S476,000 in fede ral funds fo r construction, was ,1ppro1 ed 111 June, 2008.
The project was ad\ ertised in Augus~ 2008 and bids for construction" ere recei-ed on September
11 •. Federal Aid projects require that the bidders be included on the COOT pre-qualiRed
contractor list and meet the goals of Disadvantaged Bus iness Enterprises {DBE). The 1011 bidder has
met all of the requirements and CDOT has issued their concurrence 10 award this p,oject 10
Goodland Construction. Pending Council approval of this motion to award. the project wdl begin ,n
October and be complel@ by April. 2009.
FINANOA L IM PACT
Eleven Bids were received drtd opened 011 September 11, W08 as detailed in the allached Bid
Proposal Tabulallon. TI,e low bid for construction Is approximately 11.6% below the Engineers
eslimate of S709.~87.50. Detailed belQ\v are the costs associated "ith the construction of the
project:
Goodland Construction, Inc.
Hart\\ 1g & Associates. Inc.
Construction Contingencv 15''•)
Total Estima ted Cuns1r11c1ion Cost
Pre, ICWS!y cxp?n 1-.•d Design Cost
Tot,1! t,,!•rc,JltJ pro1ect cost
$626,666.50
68,834.00
.J.!.ill.ll
Si26,833.83
119,563.60
S846,397.43
Per 1h~ Oevelopmenl Agreement rel,11erl to dw Sher id,111 D~velopm~nt, MlllerjWe111garten IM/W)
will pa\ 20% of the actual cost. Based on the current estimates for desii:n and construction. th e
M r\\' share will be Sl69.2i94J\.
Ar,11Mhoe Cor1111y has ,1pp101ed ,1 S2'i0,()00 gr,1111 ,1pplic,11io11 for our~"' hridge prowm. Pending
Council ,1p11r0\al or the IGA 11,th Ar,1p.1hoe County. funthng for the design and cn11s truction 1111\ be
,IS detailed IJt>IO\\:
Federa l Funds
M/W contribution
Arap.ihoe Count\ Open Space Grant
Total
$5i9,200.00
169,279.48
9i9)7,95
$846.397.43
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UST OF ATTACHMENTS Profess,onal Ser\'1ces Agreement-Harl\\1g &. Associates. Inc. Construction Contr,,ct form-Good lJnd Construct ion, Inc. CDOT Concurrence to A\\Jrd lener Bid Tabulation Sheet
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PROFESSIONAL SERVICES /\GREEMENT This Professional SeMces Agreement (the "Agreement") 1s made as of this 6th day or Octobor, 20~~ by and between l:iPJ'l',l,'ig & Associ ates ~ whc-se address 1s 1Q4 Inverness Way Soutb~ 365, Englewood. CO 801 12, ("Consultant") and ~~n11trwood, Color ado, a municipal
corporation organized under the laws of the state of Colorado ("City"). City desires that Consultant
provide engineering consulting services, for the BRIDGE OVER THE PLATTE RIYE.ltALQl!E.QBD.
AVENUE (STE M395-013) as described In Schedule A, and Consultant desires to perlc,rm such
services on behalf or City on the term s and conditions set forth herein , the total estimated cost thereof
being ~ht tho1,,sand eight hundred thirty four d ollars and no cents (568,834.00l.
In consideration of the foregoing and the terms hereinafter set forth and other good and valuable
considera tion, the receipt and sufficiency of which are hereby aclmow1edged, the parties hereto.
intending lo be legally bound , agree as follows·
1. Definition s. The terms set forth below shall be defined as fo llows:
(a) "Intellectual Property Rights· shall mean any and all (by whatever name or term known
or designated) tangible and intangible and now known or hereafter existing (1) rights associate with
works of authorship throughout the universe, Includi ng but nol limlled to copyrights, moral nghls, and
mask-works, (2) trademark and trade name rights and similar rights. (3) trade secret rights, (4)
patents. designs, algorithms and olher Industrial property rights, (5) all other lnletlectual and Industrial
property rights (of every kind and nature throughout the universe and however designated) (Including
logos, "rental" rights and righls to remuneration), whether arising by operation of law , con tra ct,
license, or otherwise, and (6) alt reglstrallon s, Initial applications, renewals, extensions, continuations,
divisions or reissues hereof now or hereafter In force (including any rights In any of the foregoing).
(b) "Work Product" shaUI mean all patents, patent applications, inventions, designs. mas~
works. processes. methodologies, copynghts and copyrightable works, trade secrets Including
confidential lnformallon, data, designs. manuals, !raining materials and documentation. formulas,
knowledge of manufacturing processes, methods, prices, finanaat and accounting data, products and
product specifications and aH other Intellectual Property Rights created, developed or prepared,
documented and/or delivered by Consultant, pursuant to the provision of the Services
2. St at ement s o f Wo rk. During the term hereof and subject to the terms and conditions
contained herein, Consultant agrees to provide. on an as requested basis, the consulting services.
systems Integration services, data conversion services, training services, and rela ted services (the
·services") as further described i n Schedule A (the ·statement of Work") for City, and In such
additional Statements of Work as may be executed by each of the parties hereto from hme lo time
pursuant to this Agreement. Each Statement of Work shalt specify the scope of work, specifications,
basis of compensat ion and payment schedule, estimated length or hme required to complete each
Statement of Work, includ ing the estimatftd starVfinish dates, and other relevant information and shall
incorporate all terms and conditions con tai ned in this Agreement
3. Performance of Services. (a) Performance. Consullanl shall perform the Services 'f'ct:Ssary lo complele all • projecls outlined 1n a Slalemenl of Work in a l!mely and professional ,anner conslslenl with lhe speclncat10ns. 1f any. sel forth In lhe Slatement of Work, and in accord, >t•· ·h1lh induslry standards. Consultant ag,ees 10 exercise the highest degree or professionalism. ar J , u M,ze 1ls expertise and c,eative lalents in completing the projecls outlined in a Stalement or Work (b) Delays. Consullanl agrees lo nolify City promptly of any ra.i~r. occurrence. or evenl coming lo It s atlenlion that may affect Consultant's abilily lo meet lhe requ,rer>l"nts of the Agreemenl, or Iha! ls likely lo occasion any malenal delay In completion of the projecL, ~ontemplaled by this
Agreement or any Slatement of Work. Such nolice shall be given in lhe event of any loss or
reassignment of key employees, threat of strike, or major equipment failure Time Is expressly made
of the essence with respect to each and every term and provision of this Agreement
(c) Discrepancies. II anything necessary for the clear underslanding of lhe SeMCes has
been omllted from the Agreement specifications or it appears that various 1nslructions are in conflict.
Vendor shall secure written instructions from C1ty·s project director before proceeding with the
performance of the Services affected by such omissions or discrepancies.
4 . Invoices and Paym ent. Unless otherwise provided in a Statement of Work, City shall pay the
amounts agreed lo in a Slatement of Work wilhln lhlrty (30) days following lhe acceplance by City or
lhe work called for in a Slatemenl of Work by City. Acceplance procedures shall be outlined in the
Slatemenl of Work. If City disputes all or any portion of an invoice for charges, then City shall pay the
undisputed portion of tha invoice by lhe due date and shall provide the following notification with
respecl to the disputed portion of lhe invoice. City shall notify Consultant as soon as possible of lhe
specific amounl disputed and shall provide reasonable detail as to lhe basis for the dispute. The •
parties shall then attempt to resolve the disputed portion of such Invoice as soon as possible Upon
resolutlon of the disputed portion, City shall pay to Consultant the resolved amount.
5. Taxes. City is not subjecl to taxation. No federal or olher taxes (excise. luxury,
lransportation, sales. etc.) shall be Included In quoled prices. City shall not be obligated to pay or
reimburse Consultant lor any taxes attnbutable to the sale of any Services which are imposed on or
measured by net or gross income, capilal. net worth, franchise. privilege, any olher laxes, or
assessments, nor any of lhe foregoing Imposed on or payable by Consultant. Upon written
notification by City and subsequent verification by Consultant, Consullanl shall reimburse or credit. as
applicable. City in a timely manner, for any and all taxes erroneously paid by City, City shall provide
Consultant wllh. and Consultant shall accept In good faith. resa le, direct pay, or other exemption
certlncates. as applicable.
6. Out of Pocket Expense s. Consultant shall be re1mbursod only for expenses which are
expressly provided for in a Statement of Work or which have been approved In advance ,n wnbng by
C,ly, r;roviut,d Consultant has furnished such documentation for authonzed expenses as C~y may
reasonably request
7. Audits. Consultant shall provide such employees and independent auditors and inspectors as
City may designate with reasonable access lo all sites from which Services are performed for the
purposes of performing audits or inspecllons of Consultanrs operations and compliance with lhis
Agreement. Consullant shall provide such audllors and inspectors any reasonable assistance that
they may require. Such audits shall be conducted in such a way so thal the Services or services lo
any other customer of Consullant are nol lmpac• id adversely. •
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8. Term and Termination. The term of this Agreement shall commence on the Effective Date and shall continue u nless thrs Agreement Is tenninaled as provided In thrs Sect,on 8 (a) Convenien ce. City may. w ithout cause and without penalty. terminate lhe provIsIon of Services un.ier any or all Statemenls of Work upon thirty (30) days prior written notice. Upon such termination. Clly shall. upon receipt of an Invoice from Consultant. pay Consultant for Services actually rendered prior lo the effective dale of such termination. Charges will be based on trme expended for air incomplete tasks as hsted in the applicable Statement al Work. and all completed tasks will be char~ed as indicated In the appllcab!e Statement of Work (b) No Outsiandlng Statemen ts of Work . Either party may terrninate this Agreement by
providing the other party with at least thirty (30) days prior written notice of termination If there ,re no
outstanding Statements or Work .
(c) Material Breach. If either party materially defaulls In the performance or any term or a
Statement of Work or this Agreemen t with respect to a specific Ststement of Work (other than by
nonpayment) and does not substantially cure such default within thirty (30) days after receiving written
notice of such default, then the non-defaulting party may terminate this Agreement or any or all
outstanding Statements of Work by providing len (10) days prior wntlen notice or termination lo the
defaulting party.
(d) BankrJptcy or Insolvency. Either party may lerm lnatl' this Agreement effective upon
written notice slating its inten tion lo terminate In the event the other party: ( 1) makes a general
assignment of all or substantially all of ils assets for the bener.t of ils creditors: (2) applies for.
consents lo, or acq,riesces In the appointment of a receiver, huslee, custodian, or liquidator for ils
business or all or substantially all of i ts assets. (3) files, or consents to or acquiesces in, a petition
seeking relief or reorganization under any bankruptcy or insolvency laws; or (4) files a petition seeking
relief or reorganization under any bankruptcy or Insolvency laws Is filed against that other party and Is
nol dismissed within sixty (60) days after ii was filed.
(e) TABOR. The parties urlderstand and acknowledge that the City Is subject to Article X. §
20 or the Colorado Constitution ("TABOR") The parties do nol inlerld lo violate lt>e terms and
require ments of TABOR by the execution of this Agreement. II Is understood and agreed that this
Agreement does not create a mulll-fiscal year direct or indirect debt or obl igallon within lhe meaning
o f TABOR and, notwithstanding anythi ng In this Agreement to the contrary. all payment obligations of
City are expressly dependent and conditioned upon the r.onlinuing availability of funds beyond the
term ol City's current fiscal penod ending upoo the next succeeding December 31 . Financial
obhgalions of City payable after the current fiscal year are contingent upon funds for that purpose
being a;:,propriated, budgeted , and otherwise ma de available In accordance with the rules.
regulatlons. and resolutions of City and applicable law. Upon the failure to appropriate such funds.
thi s Agreement shall be deemed terminated.
(f) Return o f Property. Upon termination of this Agreement. both parties agree lo return lo
the olhPr all propeny (includi ng any Confidenhal Information. as defined in SecI10n 11 ) of the other
party that ii may have in ils possession or control.
9 . City Otllgatlons. City will provide timely access to City personnel, systems and i nformallon
required for C'.onsultant lo perform Its obligations hereunder. Crly shall orovlde lo Consultant's
employees performing its obligations hereunde< at City's premises. without charge. a reasonable work
environment in compliance with all applicable laws and regulations, including offrce space, furniture,
telephone service, and reprodu ction, computer, tacslmlle. secretarial and other necessary equipment,
supp:ies. and services. With respect to all third party hardware or software operated by or on behalf of
City. City shall. al no expense lo Consultant. obtain all consents. licenses and sublicenses necessary
for Con su ltant to perform under the Sta temen ts o f Wo rk an d sh all pay an y fees or other cos ts associat ed with obta ini ng su ch con sen ts, licenses and subl ice nse s. 10 . Sta!f. Consultant Is an indepe ndent Cons ulta nt and neither Consultant nor Consultant's staff is, or sha ll be deemed to be employed by Ci!y. City is hereby cont racting with Consultant fo r th e Services described in a Statement of Work and Consultant reserves the right to determine th e method , manner and means by which the Se rv ices will be pe n ormed . The Serv ices shall be performed by Co nsultant or Consultant's staff, and City shall not be required to hire, supervise or pay any assistants to he lp Consultant perform the Services under th is Ag reemen t. Except to the extent that Consultant's work must be performed on or with City's computers or City's existing software , all materia ls used in prov id ing the Services sha ll be provided by Consul tant.
11. Confidential Information .
(a) Obligations . Each party hereto may receive from the other party information which relates
lo the other party's business , research , development , trade secrets or business affairs ("Confidential
Information "). Subject to the provisions and exceptions set forth in the Colorado Open Records Act,
CRS Section 24-72-101 et. seq., each party shall protect all Confidential Information of the other party
with the same degree of care as it uses to avoid unauthorized use , disclosure , publication or
dissem ination of its own confidential information of a similar nature , but in no event less than a
reasonable degree of care . Without lim iting the generality of the forego ing , each party hereto agrees
not to disclose or perm it any other person or entity access to the other party 's Confidential Information
except such disclosure or access shall be permitted to an employee , agent, representative or
independent Consultant of such party requ iring access to the same in order to perform his or her
employment or services . Each party shall Insure that the ir employees , agents , representatives , and
independent Consultants are advised of the confidential nature of the Confidential Information and are
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precluded from taking any act ion prohi bited under this Se ction 11 . Further, each party agrees not to •
alter or remove any identi fication, copyright or other proprietary rights notice wh ich indicates the
ownership of any part or such Confidential Information by the other party . A party hereto sha ll
undertake lo immediately notify the other party in writing of all circumstances surrounding any
possession, use or know ledge of Confidential Information at any location or by any person or entity
other than those authorized by this Agreement. Nolwilhstanding the foregoing , noth ing in th is
Agreement shall restrict either party with respect to information or data identical or similar to that
conta ined in the Confidential Information of the other party but wh ich (1) that party ri ghtfully
possessed before it received such information from the other as evidenced by written documenta ti on:
(2) subsequently becomes pub licly available through no fault of that party: (3) is subsequently
furn ished rightfully to that party by a third party without restrictions on use or disclosure ; or (4 ) is
required to be disclosed by law, provided that the disc los ing party wi ll exercise reasonab le efforts to
notify the other party pr ior to disclosure .
(b) Know-How . For the avoidance of doubt neithe r City nor Consultant shall be prevented
from making use of know-how and princ iples learned or experien ce gained of a non-proprietary and
no n-con fi dential nature .
(c) Remedies. Each of the partie s hereto agree that if any of them , the ir officers , employees
or anyone obta ining access to the Confiden tial In formation of the other party by , through or under
them , breaches any provision of th is Se ction 11 , the non -breach ing party shall be entitled to an
accoun ting and repayment of all profits , compensation , comm issions , remunerations and benefits
which the breaching party , its officers or employee s directly or indirectly realize or may rea li ze as a
result of or growing out of, or in connec tion with any such breach . In addi ti on to, and not in limitat ion
of the forego ing , in the event of any breach or thi s Section 11 , the parties agree that the non-
breaching party will suffer irreparable harm and that the tota l amount of monetary damages fo r any
such injury to the non-breaching party arising from a violation of th is Section 11 wou ld be impossible •
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to calculate arid would the refore be an Inadequate remedy at law . Acco rdingly, the parties agr ee that the non-breaching party shall be enti tled to temporary and penmanent injunc tive relief aga inst the breaching party , its officers or employees and such other rig hts and remed ies to which the no n-breaching party may be entitled to at law, in equity or under this Agreement for any violation of this Section 11 . The prov isions of this Section 11 shall survive the expiration or tenm ination of this Agreement for any reason , 12 . Project Managers. Each party shall designate one of its employees to be its Project Manager under each Statement of Wo rk, who shall act for that party on all matters under the Statement of Work . Each party shall not ify the other in writin g of any replacement of a Project Manager. The Project Managers for each Statement of Work shall mee t as often as ei ther one requests to review the
status of the Statement of Work.
13 . Warranties.
(a) Authority , Consultant represents and warrants that: (1) Consultant has the full corporate
ri ght, power and 1uthority lo enter into th is Agreement and lo perfonm the acts required of it
hereunder: (2) the execution of this Agreement by Consultant, and the perfonmance by Consul tant of
its obligations and dutie s hereu nder. do not and will not violate any agreement to which Consultant is
a party or by which II is otherwise bound under any applicable law, rule or regulation : (3) when
executed and del ivered by Consultant, this Agreement will constitu te the legal , va lid and bin ding
obligation of such party , enforceable against such party in accordance with ils tenms : and (4)
Consultant ackno~·.-l;~ges that City makes no representations, warranties or agreements re lated to the
subject matter hereot that are not expressly provided for in th is Agreement
(b) Service Warranty , Consultant warrants that Its employees and Consultants shall have
sufficient skill, kn owledge , and tra ini ng to perform Services and that the Services shall be performed
In a professional and workmanl ike manner.
(c) Personnel. Unless a specific number of employees is set forth in the Statement of Work ,
Consultant warrants ii will provide sufficient employees to comple te the Servic es ordered within the
applicable lime frames established pursuant to this Agreement or as set fort h in the Statement of
Work .. Du rin g the cou rse of perfonmance of Services, City may, for any or no reason , request
replacement of an employee or a proposed employee . In such event, Co11 >,Jltant shall , within five (5)
working days or receipt of such req uest from City, provide a substi tute employee or sufficien t skill,
kn owledge , and tra ining to perfonm the applicable Services . Consullant shall requ ire employees
providing Services at a City location to comply with applicable City se cu rity and safety regulations and
policies .
(d) Compensation and Benefits . Consultant shall provide for and pay the compensation of
employees and sha ll pay all taxes, cont ri butions , and benefits (such as , but not li mited to , workers '
compensation ~enefits) which an employer is required to pay relat ing to lhe employment of
employee,. City shall not be liable lo Consultant or to any employee for Consultant's failure to perform
ils compensation, benefit , or tax obligations . Cons ulta nt shall indemnify , defend and hold City
harm less from and against all such taxes , contributions and benefits and will comply with all
associated governmental regulations , including the filing of all necessary reports and re turns .
14. Indemnification.
(a) Consultant Indemnification. Consultant shall indemnify, defen d and ho ld harmless City,
it s directors, officers, employees , and agents and the heirs, executors , successors , and penm itte d
assigns or any of the foregoing (the "City lndemnitees") from and agains t all loss es , claims,
oblig ations, demands, assessments, fines and penallies (whether civil or criminal), lia bilities ,
expenses and costs (including reasonable fees an<! disbursements of legal counsel and accountants ). bodily and other personal Injuries, damage to tar,g1ble property. and other damages, of any kind or • nature. suffered or Incurred by a City lndemnitee directly or indirectly ansing from or related to : ( 1} any negligent or Intentional act or omission by Consultant or its representatives in the performance or Consullanl's obligations under this Agreement, or (2) any material breach in a representation, warranty, covenant or obhgation of Consultant contained In this Agreement. (b) Infringement. Consultant will indemnify, defend, and hold City harmless from all lndemnlfiable Losses arising from any third party claims that any Work Product or methodology supplied by Consultant infringes or misappropriates any Intellectual Property rights of any third party ; provided , however, that the foregoing indemnification obligation shall not apply to any alleged
infringement or misappropriation based on : ( 1) use of lhe Work Product in combinallon with products
or services not provided by Consullant to the extent that such lnfn ngement or mlsap, , . priaUon would
have been avoided if such other products or services had not been used; (2) any modification or
enhancement lo the Work Product made by City or anyone other lhan Consultant or Its
subConsullants; or (3) use of the Work Product other than as permitted under this Agreement.
(c) Indemnification Procedures. Notwilh-slandlng anything else contained In this
Agreement, no obligation lo indemnify which is set forth in this Section 14 shall apply unless the party
claiming Indemnification notifies the other party as soon as practicable to avoid any prejudice in the
claim, suit or proceeding of any matters In respect of which the Indemnity may apply and of which the
notifying party has knowledge and gives the other party the opportunity to control the response
thereto and the defense thereof; provided, however, that the party claiming Indemnification shall have
the right to participate In any legal proceedings to contest and defend a claim for indemnifocallon
involving a third party and lo be represented lly its own attorneys, all at such party's cost and
expense; provided further, however, that no settlement or comptomise of an asserted third-party claim
other than the paymenVmoney may be made wi thout the prior written consent of the party claiming •
Indemnification.
(d) Immunity. City, Its officers, and its employees, are relying on, and do not waive or intend
to waive by any provision of this Agreement, the monetary limitations or any other rights, Immunities,
and protections provided by the Colorado Governmental Immunity Act. C.R S. 24-10-101 el seq ., as
from time lo time amended, or otherwise available 10 City. its officers. or its employees.
15. Insurance.
(a) Requ irements. Consultant agrees lo keep In full force and effect and maintain al its sole
cost and expense the following policies of insurance during the term of this Agreement:
( 1) The Consultant shall comply with the Workers· Compensation Act of Colorado and
shall provide compensation insurance lo protect the City from and against any and all Workers·
Corroeni<alion claims ansing from performance of the work under this contract. Workers'
Corr ;,er .salion insurance must cover obligations imposed by applicable laws for any employee
engageJ 1n the performance of work under this contract. as well as the Employers' Liability within the
minimum statutory limits.
12) Commercial General Liability Insurance and auto Uabillty Insurance (Including
contr .. ctual liability Insurance} providing coverage for bodily injury and property damage with a
combined single limit or not less than three million dollars ($3,000,000} per occurrence .
(3) Professional Liability/Errors and Omissions Insurance covenng acts, errors and •
omissions arising out of Consultant's operations or Services In an amount not less than one million
dollars (S1.000.000) per occurrence.
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(4) Employee Dishonesty and Computer Fraud Insurance covenng losses ans,ng oul or or ,n connecllon w1Ih any fraudulent or dishonest acts commI1ted by Consultant personnel. acting alone or w1Ih others. ,nan amount not less than one million dollars (S 1,000.000) per occurrence . (b) Approved Companies. All such Insurance shall be procured wilh such insurance companies or good standing, permitled lo do business In the country. state or temtory where the Ser,,ces are being performed (c) Certificates. Consultant shall provide City with certificates of Insurance evidencing complian ce with this Section 15 (Including evidence of renewal of Insurance) signed by authonzed representatives of the respective carriers for each year that thir Ag•eement is in effect. CertiOcates or
insurance will list lhe City of Englewood as an additional insur~d. Each certificate of insurance shall
provide that lhe issuing company shall no! cancel, reduce or otheiw1se matenally change the
Insurance afforded under the above policies unless thirty (30j days· no•ice of such cancellation.
reduction or material change has b::~~ prc,1ded to City
16. Rights In Work Product.
(a) Genera lly . Except as specifically agreed to the contrary ,n any Statement of Work. all
Intellectual Property Rights in and to the Work Product produced or provided by Consultant under any
Statement or Work shall remain the property of Consultant With respect to the Work Product.
ConsullanI unconditionally and irrevocably grants 10 City dunng the term of such Intellectual Property
Rights. a non-exclusive, irrevocabl e, perpetual. worlclwide. fully paid and royalty-free license , 10
rep•oduce , create derivative works of, distribute, publicly perform and publicly display by all means
now known or later developed, such Intellectual property Rights
(b) Know-How. Notwithstanding anylh1ng to the contrary herein, each party and Its
respective personne l and Consultants shall be free to use and employ lls and their general skills,
know-how, and expertise. and to use. disclose. and employ any generahzed ideas. concepts, know-
how , methods, techniques , or skills gained or learned during the course of any assignment, so long as
It or they acquire and apply such In formation without disclosure of any Confidential Information of the
other party,
17. Relationship of Parties. Consultant Is acting only as an Independent Consultant and does not
undertake, by this Agreement, any Statemenl or Work or otheiw1se. to perform any obligation of City ,
whether regulatory or contractual. or to assume any responsibillty for City's business or operations.
Neither party shall acl or represent Itself, directly or by Implication, as an agenl or the other, except as
exp ressly authorized ,n a Slalement or Work .
18. Complete Agreement. This Agreement conIaIns lhe enhre agreement between the parties
hereto with respect to the matters covered herein
19. App licable Law. Consullanl shall comply with all applicable laws in performing Services but
shall be held harmless for vlolalion of any governmental procurement regulation to which 11 may be
subject but to which reference is not made in the applica ble Slalement or Work. This Agreement shall
be construed in accordance with the laws of lhe Stale of Colorado Any action or proceeding brought
to interpret or enforce the provisions of this Agreement shall be brought before the state or federal
court situated In Arapahoe County. Colorad.;. and each party hereto ccnsenl s lo Jurisdiction and venue
before such courts.
20 . Scope of Agreement. If the scope of any provisions of lhis Agreement is too broad in any
respect whatsoever to permi t enforcemenl to Ils fullest exlent, then such provision shall be enforced to
the maximum extent permitled by law, and lhe pa rti es hereto consenl to and agree lhal such scope
may be judicially modified accordingly and that the wh ole or such provision or I his Agreement shall nol thereby ra,I , bul thal the scope of such prov,s,on shall be curtailed only to the extent necessary 10 • conform to law. 21 . Additional Work . After recP.ipl or a Slalemenl of Work. City. with Consultants consent. may request Consultant to undertake additional work wllh respect lo such Statement of Work. In such event. City and Consultant shall execute an addendum to lhe Slalemenl ol Work specifying such additional work and lhe compensat,on lo be paid to Consullanl for such additional work. 22. SubConsultants. Consullant may not subcontract any or the Se rvices to be provided hereunder without the prior wrillen conse nt or City. In the event of any permi lled subcontracting, lhe
agreement with such third party shall provide lhal, wilh respect lo lhe sub contracted work, such
subConsullant shall be subject to all ol the obligations or Cons1.ltanl specified i n this Agreement
23. Notices. Any notice provided pursuant lo this Agreement shall be in writing to the parties al
the addresses set forth below and shall be deemed given (1) if by hand delivery, upon receipt thereof.
(2) three (3) days after deposit in the United States mails, postage prepa id, ce rtified mall, return
receipt requested or (3) one (1) day after deposit with a nationally-recognized overnight courier,
specifying ovemlghl pnority delivery Either party may change lls address for purposes or lhis
Agreement at any hme by giving written notice ol such change to lhe other party hereto.
24. Assignment. This Agreement may not be assigned by Co nsultant without the prior written
consent of City. Exceol for the prohibition of an assignment conta ined In the p receding sentence, th is
Agreement shall be binding upon and Inure lo the benefit of the heirs. successors an:! assigns or the
parties hereto.
25. T hird Party Beneficiaries. This Agreement IS entered into solely for the benefit ol lhe part,es •
hereto and shall not confer any ri ghts upon any person or en ti ty not a party to lhis Agreement.
26. Headings. The section headings in lhis Agreement are solel y for con·,enlence and shall nol
be considered In its interpretation. The recitals set lor1h on the first page c.1 this Agreement are
incorporated into the body of this Agreement. The exhibits referred lo throughout th,s Agreement and
any Statement or Work prepared in conformance with this Agreement are incorporated into this
Agreeme nt.
27 . Waiver. The failure of either party at any time lo require performance by the other party or any
provision of this Agreement shall not effect in any way the full right to require such performance at any
subsequent time: nor shall lhe waiver by ei ther party or a bleach ol any provision or this Agreeme nt
be taken or held to be a waiver ol lhe provision ,Isell.
28. Force Majeure. If performance by Consultant of any service or obligation under this
Agreement is prevented. restricted, delayed or Interfered with by reason of labor disputes. strikes,
acts ol God. floods, lightning, severe weather. shortages or materials, rationing, utility or
communications failures, earthquakes, war, revolution, civil commollOn. acts ol public enemies,
blockade, embargo or any law, order. proclamation, regulation. ordinance, demand or requirement
having legal effect or any govern menta l or judicial aulhorlly or representative of any such government.
or any other act whether similar or dissimilar to those referred to in lhls clause. which are beyond the
reasonable control of Consultant, then Consultant shall be excused from such performance to the
extent of such prevention, restriction, oelay or interference. If lhe penod ol such delay exceeds thirty
(30) days. City may, without liabihty. terminate the affected Statement or Work(s) upon written notice
lo Consultant. •
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29. Time o f Performance. Time ,s expressly made of the essence with respect to each and every term and provision of lh•s Agreemenl 30. Perm its. Consultant shall at i ts own expense secure any and all hcen~es, permits or certmcates that may be required by any federal, state or local statute, ordinance or regulation for lhe performance of the Services under the Agreement. Consultant shall also comply with the provisions of all Applicable Laws i n performirig the Services under the Agreement. At Its own expense and at no cost to City , Consultant shall make any change, alteration or modification that may be necessary to comply with any Applicable Laws that Consultant failed to comply with al the llme of perfOJmance of the Services.
31. Media Releases. Except for any announcement intended solely for Internal distribution by
Consultant or any disclosure required by legal. accounting, or regulatory requirements beyond lhe
reasonable control of Consultant. all media relea ses, public announcements , or public disclosures
(Including, but not limited to , promotional or marketing material) by Consultanl or Its employees or
agents relating to this Agreement or Its subject mailer, or Including the name, trade mark. or symbol of
City, shall be coordinated with and approved in writing by City prior to the 1elease thereof. Consultant
shall not represent directly or indireclly that any Services proVl<led by Ctnsutlant to City has been
approved or endorsed by City or inc lude the name, trade mark. or syrnbol of City on a list of
Consultant's customers without City's express written consent
32 . Nonexclusive Market and Purchase Rights. It is express,y under<.tood and agreed that lhis
Agreement does not grant to Consultant en exclusive right to provid,: 1<' Cl:y any or all of the Sentices
and shall not prevent City from acqulr,113 from other suppliers \er',!<dS similar to the Services.
Consultant agrees that acquisitions by City pursuant to this Agreemert sr,a:I neither restrict the right of
City lo cease acquiring nor require City to continue any level of such acquisitions. Estimates or
forecasts furnished by City lo Consultant prior to or during the term of this Agreement shall not
constitute commitments.
33. Survival, The provisions of Sections 5, 8(9), 10, 11, 13, 14, 16, 17, 19, 23. 25 anti,, sh.:''
survive any expiration or termination for any reason of this Agreement.
34. VARtFICATION OF COMPLIANCE WITH C.R.S . 8-17.5-101 ET.SEQ . REGARDIN~ "LLEGAL
ALIENS
(a) Employees, Consultants and SubConsultants: Consultant shall not knowingly
employ or contract with a11 illegal alien to perform work under this Contract. Consultant shall not
contract with a subConsultan( that ti) knowingly employs or contracts with an illegal alien to perforn
work under this Contract or (Ii) fails to certify to the Consultant that the subConsullant will rYJt
knowingly employ Of contract with an illegal alien to perform work under this Contract. (CRS 8-17 .5·
102(2)(a)(I) & (II).]
(b) Verfllcatlon: Consultant has venfied or altempted to verify through participation In the
"basic pilot program· (authorized by P.L.204 of 104°' Congress and amended by P.L 156 of 108"
Congress) that Consultant does not employ any illegal aliens. And. ,f not accepted into the ·basic.
pjtol program· prior to entering Into this Con tract, Consu ltant further verifies, Consultant will apply to
p irticipale in the "basic pilot program· .wery three months untll Consultant is accepted or this Contract
la completed, whichever Is earlier. [CRS 8-17 .5-102(2)(b)(I).)
(c) Limitation Regarding the "Basic PIiot Program": Consultant shall not use basic
pilot program procetlures to undertake pre-employment screening of job applicants while performing
this Contract. CRS b-17.5-102(2)(b)(ll).]
(d) Duty to Terminate a Subcontract: If Consultant obtains actual knowledge that a subConsulta"lt performing won< under this Contract kr10\'1ngly employs or contracts v.1th an 1flegal ahen. ttle Consultart shan, ( 1) notify the subConsultant and the City within three days that lhe Consultant has actual knowledge that the subConsullant Is employing or contracting with an illegal alien; and (2) term inat e the subcontract with the su bCons ullant If, within three days of receiving not ice that the Consu ltant has actua l knowledge that the subConsullant is employing or contracting with an illegal alien. the subConsullanl does not slo p employing or contract ing with
the illegal alien. CRS 8-17.5-102(2)(bXlll )(A) & (B).]
(3) Exception: If lhe subCoosultant provides information to establish that the
subC-.onsultant has not know,ngly employed or contracted with an illegal alien and the
subConsultant slops employing or contracting with the illegal ahen.
(e) Duty to Comply with State I nvestigation: Consultant shall complv with any reasonable
request of the Colorado Department of Labor and Employment made in the co I,e of an Investigation
pursuant to C.R.S. 8-17 5-102 (5). CRS 8-17.5-102(2XbXIV).]
(f) Damages for Breach of Contract: The City mav term inate th ·! contrar l for a breach or
contract, In whole or in part, due to Consullanl's breach of a,ly section of ti,i~ oaragr .. ph. Consultant
shall be liable for actual and consequential damages to the City in adoitl~n to ar•t other legal or
equitable remedy the City may b1 entilled to for a breach of this Conlract.
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IN WITNESS WHEREOF , the parties lo lhls Agreement have caused It lo bt. executed by their •
authorized offocers as of the day and year fwst above written. This Agreemenl Is executed in 4
courterparts. each of which shall be deemed an on91nal, but all of which togelher shall constitute one
and the same lnsirumenl
CITY OF ENGLEWOOD, COLORADO
By: _____________ _
James K. Woodward TIiie : _..;:ui~.1,_ __________ _
ATTEST:
City Clerk Louchrisia A. Ellis
(Consultant Name)
Address
City, State, Zip Code
By:
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SCHEDULE A OUTLI NE OF STATEMEN T OF WORK GENERAL The follow,ng list of documents and/or drawmgs are attached or Incorporated by reference: • Exh,bil A from Hartwig & Associates, Inc. Project Scope of Work (attached) • Exhibit B from Hartwig & Associal,es, Inc. -Cost Proposal (allached)
• Bridge over Plalle River al Oxford Avenue Plans & Specifications
• Colorado Departmenl of Transporta~on Standard Specifications
• !'HWA form 1273
2. NAMES OF PROJECT MANAGERS
For the Ctt): Larry Nimmo, Field Operations Administrator
For Consultant: MaNtneua Harlwig , PE
3. SUMMARY OF PURPOSE FOR STAT~MENT OF WORK
Consulting services for construction observation.
4. DESCRIPTION OF WORK PRODUCT AND DELIVERABLES
Consulting per Attachments from Hartwig & Associates , Inc.
5 . MODE OF PAYMENT
Payment lo Consultant by Check
6. PAYMENT SCHEDULE
Net 30days
IN WITNESS WHEREOF, pursuant and m accordance with the Professional Services Agreement
between the parties ~~rP!~. ,ne parties have executed this Statement of Work as of this 6th day of
October, 2008.
CI TY OF ENGLEWOOD, CO LO RADO
By: _______ ~~--
James K. Woodward
Title . Mayor
Company Name
By __________ _
Tille. ___________ _
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CONTRACT C:TY 0F ENGLEWOOD , CO LORADO fHIS CONTRACT and ag ree:ment , made ar,d ente red into th is 6th day of October , 2008 , by and between the City of Eng lewood , a mun icipal co rpo rati on of the State of Co lorado here inafter refRrred to as the 'Ctt y", and GooJ land Construc tion , Inc , whose address is 760 Ni le Street , Go lden . CO 8040 1 ("Contracto r"). co mmencing on the 14"' day of August , 2008, and cont inu ing for at le;;,st ten (10) days thereafter the Ci ty advert ised that sea l~d proposa ls wou ld
be received fo r furn ish in g all labor , tools , supp li es , equipment , mate ri als and eve rything
nece.sary and required for the follow in g:
PROJECT : BRIDGE OVER THE PLATTE RIVER AT OXFORD AVENUE (STE M395-013)
WHEREAS , proposals pursuant to said advert isement have been received by the Mayor and
City Council and have been certified by the Director of Public Works to the Mayor and City
Council with a recommendation that a contract for work b1:: awarded to the above named
Contractor who was the lowest re li able and responsible bidder therefore , and
WHEREAS , pursuant to sa id recommendation the Contract has been awarded to the above
name Contractor by the Mayo r and City Counc il and said Contractor Is now willing and 'lble to
perform all of sa id work in accordance with said advertisement and his proposal.
NOW 'fHEREFORE , in cons iderat ion of the compensation to be pa id the Contract , the mutua l
agreements hereinafter contained :
A. Contract Do cuments : It is agreed by the parties hereto that the following list of
instruments, drawings and documents whch are attached or Incorporated by
reference const itute and shall be referred to ,;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~ they were set out verbatim and In fu ll :
Invitation to Bid
Contract (this instrument )
Insurance
Performance Payment Ma intenance Bond
Specia l Provis ions
Technical Specifications
Drawings sheets 1-32 and 41 -48
Colorado Department of Transp orta tion (COOT)
-Standard Specifi catio ns for Road & Bridge Construction
-Sta ndard Speci al Provis ions
B. Scope of Work : The Contractor agrees to and sha ll furn ish al l labor , tools , supplies ,
equipment , materials ;,nd everything necessary for and requ ired to do , perform and
complete all the work described, dra wn, set forth , shown and Included In said
Contract Documents .
C. Terms of Performance : The Contractor agrees to undertake lhe performance of lhe • work under lhis Contract within twenty (201 days from be ing notified to commence work by the Director of Public Works and agrees lo fully complete said work within one hundred seventy five (17S1 calendar days, plus such e,rtenslon or e,rtenslons of time as may be granted by the Director of Public Works in accordance with the provisions of the Contract Documents and Specifications. 0. Indemnification The city cannot and by this AgreemenVContract does not agree to indemnify, hold harmless, exonerate or assume the defense of the Vendor or any other person or entity, for any purpose. The Vendor shall defend, indemnify and save
harmless the cny, ns officers, agents and employees from any and all c...,.ms , demands,
suns, actions or proceedings of any kind or nature including Worker's Compensation
claims, in any way resulting from or arising out of this AgreemenVcontract : provided,
however, thal the Vendor need not indemnify or save harmless the City, its officers,
agents and employees from damages resulting from the sole negligence of the City's
officers, agents and Employees.
E. Termination of Award for Convenience : The City may terminate the award at any
time by giving written notice to the successful vendor of such termination and specifying
tr~ effu:t.ive dale of such termination, at least thirty (30) days before the effective date of
such termination. In that event all finished or unfinished service, reports, material (s)
prepared or furnished by the successful firm after the award shall, at the option of the
Cit/, become its property. If the award is terminated by the City as provided herein, the
successful firm wiD be paid that amount YA1ich bears the same ratio to the total
compensation as the services actually performed or material furnished bear to the total
services/materials the successful firm covered by the award, less paymenls of •
compensation previously made. If the award is terminated due to the fault of the
suocessfuf f11111, the clause relating to termination of the award for cause shaft apply.
F. Termination of Award for Cause: If, through any cause, the successfu l firm shall fall to
fulfill in a timely and p,oper manner tts obligations or if the successful firm shall violate
any of the covenants, agreements or sbpulations of the award, the City shaU have the
right to terminate the award by giving written notice to the successful firm of b\lC~
termination and specifying the effective date of tenmination. In that event, all furn ished or
unfinished services, at the option of the City, become tts property, and the successful
firm shan be entitled to receive 1ust, equitable compensation for any satisfactory worl<
documents, prepared completed or materials as furnished.
Notwithstanding the above, the successful firm shall not be relieved of ihe
liability to the City for damages sustained by the City by vtrtue of breach of
the award by the successful firm, and the City may withhold any payments
to the successful firm for the purpose of set off until such lime as the exact
amount of damages due the City from the sucoessful firm is determined.
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G Terms of Payment. The City agrees 10 pay lhe Contractor for lhe performan~e or all the work required under this conlract, and the Contraclor agrees lo accept as his full and only compensation lhererore, such sum or sums of money as may be proper in accQrdance with the price or prices set forth In lhe Contractor's proposal ailached and made a part he reof, the tot al est imated cost lhereof being Six Hundred twenty six !_hn•lsand, six hundred sixty six dollars and fifty cents ($626,666.501, E Appropriation of Funds: Al present, $626,666.50 has been appropriated for lhe
project Notwithstanding anything contained In this Agreemenl to the contrary, m the
event no funds or insufficient funds are appropriated and budgeted by the governing
body or are otherwise unavailable in any following fiscal period for which
appropriallons were received Without penalty or expense except as to those portions
or the Agreement or other amounls for which funds have already been appropriated
or are otherwise available The City shall immediately notify the contractor or rts
assignee of such occurrence in the event of such terrninatron
F Contract Binding· It Is agreed lnal this Contract shall be binding on and Inure to lhe
ber,efit of t 11e parties hereto, their heirs, executors, administrators, assigns, and
successors .
Verification of Compliance with C.R S 8-17 .5-101 ET SEQ. Regarding Illegal Allens
(a) Employees, Contractors and Subcontractors: Contractor shall not knowingly
employ or contract with an illegal ahen to perform work under this Contract Contractor shall not
contract with a subcontractor that (I) knowingly employs or contracts with an Illegal alien to
perform work under this Contract or (it) falls to certify to the Contractor that lhe subcontractor
wm not knOWtllOly employ or contract with an illegal alien to perform work under thrs Contract.
[CRS 8-17.5-102(2)(a)(I) & (II).)
(b) Ve r ification: Contractor has verified or attempted to venfy through participation
In the "basic pilot program· (authorized by P.L.204 or 104~. Congress and amended by P.L. 156
of 108"' Congress) thal Contractor does nol employ any illegal aliens. And, If not accepted Into
the "basic pilot program· prior to entering Into this Contract, Contractor further verifies.
Contractor will apply to participate In the "basic pilot program• every three months until
Contractor is accepted or this Contract is complete d, whichever Is earlier. ICRS 8-17 .5-
102(2l(bl(I).)
(c) Limitation regarding the "Basic Pilot Program: Contractor shall not use basic
pilot program procedures to undertake pre-employment screening of job applicants whrle
performrng this Contract. [CRS 8-17 5-102(2)(b)(II).)
(d) Duty to Terminate a Subcontract: If Contractor obtains actual knowledge that
a subcontractor performing work under this Contract knov.,ng!y employs or contracts with an
lliegal alien, the Contractor shall,
(1) Notify the subcontractor and tho City within tlvre days that the Contractor has
actual knowledge that the subconlractor Is employing or co ntract ing with an Illegal alien:
and
(2) T ,rminate the subcontra:t wilh the subcontractor ii, within three days of • receiving notice that the Contractor has actual knowledge that the subcontractor is employing or contracting wilh an Illegal alien, lhe subcontractor does nol stop employing or contracting with the illegal alien (CRS 6-17.5-102(2XbXIII XA) & (B).] (3) Exception: II the subcontractor provides lnlormatio~ to establish that the subcontractor has not knowingly employed or contracted with an illegal alien and the subcontractor slops employing or conlracling wilh lhe Illegal alien.
(e) Duty to Comply with State Investigation: Contractor shall comply with any
reasonable request of the Colorado Department of Labor and Employment made in the
course of an Investigation pursuant lo C.R.S. 8-17.5-102 (5). (CRS 8-17.5-102(2XbXIV).]
(f) Damages for Breach of Contract: The City may terminate this co ntract for a breach
of contract, In whole or In part, due to Contractor's breach of any secllon of this
paragraph. Contractor shall be liablo for actual and consequential damages to the City in
addition to any other legal or equitable remedy the City may be entitled lo for a breach of
this Contract
IN NITNESS WHEREOF. the parties have caused these presents to be signed personally or by
their duly authorized officers or agents and their sea ls affixed and du ly attested the day and
year first above written.
This Contract is executed in 5 counterparts .
CITY OF ENGLEWOOD
Contractor
by __________ _
Party or the Second Part bY .,----------,--~ Mayor James K. Woodward
Party of the Firs! Part
ATTEST: ATTEST:
Secretary City Clerk Louer ishia A. £11 is
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DEPARTMENT OF TRANSPO RTATION Contract s and Markel Analysis Branc h -4 :!01 EHi Arkansu A\•r ~,, STATE OF CO LORADO Denv••Colotodo 80222 re,._ 1:!031 7~1-t™ Facsm4e 1303) 757-9668 s~fte:ri f':-1~. ~Oia
M,. Dav:d Henueaon
City _f !:":'lg.lt,WOCd
:e;:atlr.tr.: C! fl1.:Ll!e w ... :+:s
1000 £ngleh-OCd Farl:way
Enqle1<00d, CO POJ I 0
C'ear I-Ir. He:,dt.'1 sc-n:
Sl E M39S-0 13 Bridge ove1 Plat1e Rn.er at O)tord Avenue P•o,,ct Cose 15912 rAp op --
fla~ed c•ri r.iy :"'\•1,-w cf lt,e finu1cJal sr1:.~:er.t dated Ser,H;n.ler 17, 2008 on.:I
rcc-eJr,t c.(:
-,::,·r f"orrr \l05, C-:ir.:i:act0r, ferf,,rt1tDr,ce Car,ilt:-11.lty St&tfli!!":,t
-C007 F'o1:r1 ~06 , Anti-Collu!1on Affida\i t
-COO':' Form G2l , Assi gn.-nent ,f Ant.i-Tn:st Claims dnd
-~c..r.ent,~tl<'n cf cr:nfonaan,·,t with CDC7 lTCBt Contract Gcal fol icy,
th~ Ci1.y• s award e,f Prc-)1:!Cl ~TE Hj9S,-0l 3 tei Goodlor.d Cori!H f"U tt i<m, Inc. 1~
upp1·0\•ttU .
f-Jp..,s,-Jr1cl ,de, a c:cp;· o! fHiiiA Fc-m !273 as F'lrt c f YOIH cc-ncrac• ; th
Gtc-dland Cc-rist rueti ·-n, ~,1c. Yeu r C('l(:per111r::.N1 In th.::s rr.att"'r l!: ·,i)preciat-ed.
£'incerrl;·,
/&?~_::;?
$i;;•Oly ~
COOT Co:itractir.Q Offjc~1
• City of Englewood Bid Tabulation Sheet Bid Opening: September 11 , 2008 10:00 a.m. • ITEM : ITB-08-127, B ridge over the Platte River at Oxford Avenue Bid Total Bid Bond DBE Goal Contractor Items Y 'N ¾ Goodland Construction Inc. $ 626,666.50 y 10.50 Lawrence Construction $ 799,642.00 y 9 .30 L & M Enterprises, Inc. $ 938,021.60 y JCF Bridge & Concrete, Inc $ 695,330.50 y
Edward Kraemer & sons, Inc. $ 782,185.95 y 7 .50
Jalisco International Inc. $ 686,372.71 y 1 00.00
American Civil Constructors, Inc. $ 720,598.00 y 7 .87
KECI Col orado, Inc. $ 801,141.00 y 7 .50
Concrete Express, Inc. $ 774,562.00 y 9 .74
New Design Construction $ 965,342.70 y 7 .00
Paramoun t Construction, Inc $ 706,589.01 y 7.56
• Re:r,pt o f Adtt..ndum Exceptions: y y y DBE not filled out properly y DBE not c...lcu lated p roperly
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H \Group'cJ,a,ects\TEA-21 Pf'Oied.$\Gott CovrM Sndge\810 ,ao no ~<khesMS O .is.
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COU CIL COMMUN ICATI ON Date: ARenda llem: Subject: Ocloher b, ~O(ll\ 11 C Iv A"ard Construction Con tra cts for Bridge mer the l'Lltte River at Dartmoud, Avenue Initiated By: I Slaff Source·
Depar1men101 Public \\'or"5 Da,id Henderson. Engineering Cap,1,11 ProJecls Adm1nlstrator
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
• Council appro, ed Resolution No. 77, Series 2005, authorizing the City to applv for Federal
tunds under the "Safe Accountable Fle~1ble Eitlcient Transportation Equil) Act-Legac-, ror
Users".
• Starf discussed the status of the project al the August 14, 2006 Council Stud1 Session.
• Council approved Ordinance r-.o. Ji, Series 2006 authorizing an lntergO\ emmental
AgrPement IIGA) with CDOT for th e pedestrian bridge over the Pla11e Ri,er ,11 Dartmouth
A~e. This IGA obligated $73,000 for design.
• Staff discussed the status or the project at the August I 4, 1006 Council Stud) Session .
• Staff discussed the status of th e project at the lanual')' 16, 2007 Council S1ud1· Session.
• Council approved. by motion, a"ardmg a design contract to Harn,ig and ,Associa tes on
Ma\ 7, 200i
• Council app roved Ordinance No. 28. Series 2008 approving Amendment No. I to our IC.A
""" COOT This amendment obligated S362.000 or federal funds for construction,
• Council approved Ordinance No. 45. Senes 2008, appro, ,ng the ·sooth Pfa11e Greem, •1·
Legacy Projec t-P,1r1ners Agreemen t". Th,s IGA Includes,, SS0.000 Great Outdoors
Colorado !GOCO) grant for the Dartmouth Bridge Projert.
RECOMMENDED ACTION
Shih rerommencls Council a\\ard, hy motion, the con11rur11on 01 "Bric!ge 0\Cr lhe Pl,llle :ll\er at
Dartmouth Ave." The tota l e>11ma1ed cons1ruc1ion cos1 i< s;as 818.3 4 consls ls of a constructi on
,on1r,1c1 \\ith Goodlan;I Constn1Cl1on 1n the amount of Sb75,0i0.8(1, a Professional Sen ices
Agreentenl 1\lth ~I.Im, 1g & Associ,lle~ Inc. ,n ti,., amount 01 Sii ,1114.00, ,111d a cons1ruc110n
contingency in the amoun l of SJl,751.54.
BACKGROUND, ANA LYS IS, AND ALTE RNATIVES IDENTIFI ED
Curren 1l1, the connec110n bel\,een the L11tle DI)· Creel Tra,I and the Mal) Caner Greenwa1 Trad
requires bicycles and pedestrians 1 , cross th e Plane River on 1he D.irtmout h A, er1ue Bridge. This
bndge has "''"°'' sidewalls and there ,s a h1StOI)• 01 accident> and con~1c1s bel\vttn 1110101
, ehicles ,1nd trail users. This proje<.r w,11 1ns1all ,1 """ struc ture, so uth nf the existmg bridge, tor the
exclusi, e use of t1JII users.
The Dem~, Rcs,o1nal Counl,I 01 GO\~mmen 11 IDRC0<,1 accepr, appl,c,,1,.n,s rrom lo<.,,! 11ci1 emmen1s. 1yp1c,1ll1 on ,l Mo ,ear c1tle. ,or pro1eus tn be cc,111,der~d 1<,, rederal rundmg DRCOG. 111 coop~r,111 00 l\llh the Colorado D1•1w1ment lll Tran1por1a11on !CDOTI, 11 chargrd \\llh preparauon of 1he Tran,port.Uron lmprO\,.,ment Progr,1m 1TIP). Tiw TIP prronhzes regional prowc1s tor Fede,.11 T r,,nspor1a11on Funds a, a,lable 1hro11~h the · s,ue Accountable Fle"bl e Enrc,ent Tra11spor1.u,on Equll\ Acl•Lei;.t C\ ror Users• (SAFET[A-LU I. Engle"ood applred ror :his ' (nhancemen1· project in :!005. DRCOG scores pro1ec1s h,,sed on a number of 1ac1ors, 1nclud1ng saiel), conneclil II), ,sage, and cosi-e1fectl\ eness. Addluonal points are
8" en 11 a communil\ of1ers addition.ii local matching runds abo, e the requued :!O"•· Communll\
De, elopmen1 s1an recommended overma 1chmg the prcject to increase th e chances 01 being
selected. DRCOG accepted the project and included 5435,000 of fede ral iunds inlo the TIP
tSil,000 ror design and S36~.000 for cons truc11on1.
The projl'C! ,. as advertised In August. WOB and bids for construction were rece r. ed on September
11 Fed, ra ••~ projects require lha1 the bidders be included on die COOT pre-qualified
cont,,,c10, lis• .,nd meet O,sad,antaged Business Enterpnses (DBE) goals. The lo" b1dd~r has met all
c,f the rc~ulren,e: •rs and COOT has Issued their concurren ce 10 award this pro1ec110 Goodland
, onslruct•on. i>en 1,ng Council appro, al of this motion 10 award. the project" ,II beg,n ,n October
J•1d be compler fly April, W09.
FI NAN(! \L IMf 'CT
Ten Bids \\ere r -cel\ed and opened on September 11 , 2008 as dllailed Ill the anached Bid
Proposal T1hu!J11on. rhe '°'' bid for m n<ltuction is approximately s•. be!O\, the Engineers
estirr.ate o, $-11,861.05. Detail ed below are the costs associated w11h 1he cons truction 01 1he
1,roj,.1:
Goodland Con,1ruc11on. Inc.
H,ul\, ig & Associates, Inc.
Cons1ruc11on Contingency (5"ul
To tal Es11ma1ed Conwuc1ion iosl
Pm 1ousl1 e,pended Des ign Co,1
Toi.II e<1tma1ed prOJl'(.I c~I
$b75.070.80
77,014.00
l.l -53_54
$785,838.34
l :?0,940.60
S'I06.ii8.'l4
Arapahoe County has apprn,ed a $150.000 gr,,u applicalion for our two bridge projects Pending
Council aµpr O\,ll 01 the IGA l\llh Atap.,hoe Coun!y, funding tor the design and cons1ruc11on 1\III be
,is de1,11l~d hel01,.
Federal Funds
Open Space Fund
GOCO Le!\acy Gr,1111
Arapahoe Co unl\' Open Space Gr.int
Tot,11
$415,000.00
1(>9,6%.89
'i0,000.00
15:? 082.05
>90f,,ii8.94
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LI! r OF ATTACHMENTS Construction Cootract Form-Goodland Co11s1,uc11011. Inc. Pro1.-sslOlldl Sm ices Agreement·Harl\\lg & Associates, Inc. COOT Concurrence to A\\ard letter B,d Tabulation Sheet
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CONTRACT Cln OF ENGLEWOOD COLORA.DO THIS CONTRAC-T and agreement. made and entered 1010 lh1s 6" day or October, 2008, by and between the C11y or Englewood, a municipal corporation of the Stale or Colorado he•tlnaner referred to as lhe ·c11y·. and Goodland Construction, Inc whose address 1s 760 Nile Street , Golden, CO 80401 ("Contractor"), commencing on the 14"' day of August. 2006, and continuing
for al least ten (10) days thereafter the City adverused that sealed proposals would be received for
furnishing all labor, loots, supplies , equipment malenals and everything necessary and required
for the following :
PROJECT: BRIDGE OVER THE PLATTE RIVER AT DARTMOUTH AVE NUE (STE M39 5-012)
WHEREAS, proposals pursuant lo said advertisement have been recaived by the Mayo and City
Council and have been certified by lhe Director of Public Wo1ks lo the Mayor and City Council with
a recommendation that a contract for work be awarded to the above named Contractor wno was
Iha lowPst reliable and responsible bidder therefore, and
WHEREAS, pur5uant to said recommendation the Contract ha s been awarded to the abo ve name
Contractor by the Mayor and City Council and sa id Contractor is now willing and able lo perfon n all
of said work In accordance wilh said advertisement and his proposal .
NOW THEREFORE , in consideration or the comp;msation lo be pa,d the Contract , the mutua l
agreements hereinafter contained
A Contract Documents: It Is agreed b)' the parties hereto that the following list or
instruments, drawings and documents ,,hich are attacheo or incorporated by reference
conshtule and shall be ref1,-.ed lo either 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 or thi s agreement as
11 they were set out verbahm and in lull:
Invitation to Bid
Contract (this instrument)
Insurance
Perff'"!lancc Payment Maintenance Bond
Special ProV1s1ons
Technical Specifications
Drawings sheets 1-42 and 51-52
Colorado Department or Transportation (COOT)
-Standard Specifications for Road & Bridge Construction
-Standard Special Provisions
B Scope of Work : The Contractor agrees ,o and shall furnish a:, labor, tools, supplies,
equipment, ~olerlols and everything necessary ror and required lo do, perform and
complete all the work described, drawn, set forth, shown and lnclwded in ~aid Contract
Documents .
C Te rms or Performance-The Contractor agrees to undertake the performance or the work under this Contract within twenty (20) days from being notified to commence work by the Director of Public Works and agrees lo fully complete said work wllhln ,,no hundred seventy five (175) calendar days , plut such extension or extensions of time as may be granted b1 the Director of Put hc Works in accordance with the provisions of the Contra ct Docu"lents and Specifications D lndemrnr.callon The ci ty cannot and by this AgreemenVContract does not agree 10
indemnify, hold harmless, exonerate or assume tt>e defense of lhe Vendor or any othef
person or enhly, for any purpose. The Vendor shall defend, indemnify and save harmless
the City, Its officers , agents and employees from any and all claims, demands, su,ts, actions
or proceedings of any kind or naMe including Worker's Compensation claims. In any way
resulting from or arising out or this AgreemenVccntract: provided, however, that the Vendor
need not indemnify or save harmless lhe City. Its officers, agents and employees from
damagei, ,~suiting from the sole negligence of lhe City's c-fficers , agents and Employees.
E. Terrmnahon of Award for Convenience; The City may terminate the award at any lime
by giving written notice to the successful vendor or such termination and specifying the
effective date of such termrnatron , at least thirty (30) days before the effective dale of such
termination. In that event all finished or unfinished service, reports, material (s) prepared or
furnished by the successful firm after the award shaU, at lhe option of the City, beccme its
property. If the award is terminated by the City as provided herein, the successful firm will
be paid that amount which bears the same ratio to the total compensation as the services
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actually perfonned or material furnished bear to the total services/materials ,he successful •
firm covered by the award, iess payments of compensation previously made. If the award
is terminated due to the fault of !he successful firm, the clause relaLing lo termination or the
award for cause shall apply.
F. Termlnahon o1 Award for Cause: II, through any ca use, the successful firm shall fa~ lo fulfill
m a hmely and proper manner its obligations or ii the successful Orm shall violate any of the
ccvenants, agreements or stipulations of the award, the City shall have the right to
terminate the awa rd by giving written notice lo the successful fllTil of such termination and
specifying the effeclive date of termination In that event all furnished or unfinished
services , et the option or the City, become Its property, and the successful firm shall be
ent1!1ed 10 receive just, equitable compensation for any saUsfactory work documents ,
prepared completed or materials as furnished .
NclWlthslandlng the above. the successful firm shall not be relieved of ihe
hability to the City lor damages sustalne<I by the Qty by virtue of breach of the
award by the successful firm , and the City m•v withhold any payments lo the
successful firm for the purpose of set olf unlll such t,me as lhe exact amounl or
damages due the Crty from the successful firm Is determined.
G. Terms of Payment. The City agrees to pay the Contractor for the performance of all the
work required under this conlract, and the Contractor agrees lo accept as his full and
only compensation :herefore, such sum or sum~ of money as may be proper in
accordance 1vilh the price or prices set forth in the Contractor's pr()posal attached and
made a part hereof, II e total estimated cost thereof being SIY hundred seventy five
thousand sovonty dollars and eighty cents. ($675,070.80). •
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H Appropnahon of Funds Al present. $675,070.80 has been appropriated for the proiecl. Notwithstanding anything contained ,n th,s Agreement lo the contrary, m lhe event no funds or 1nsuff1C1ent funds are appropnated and budgeted by lhe governing body or are otherwise unavailable In any follow,ng fiscal penod fer which appropnat1011s were received without penalty or expense except as to those portions of the Agreement or other amounls for which fun:!s have already been appropriated or are otherwise available . The City shall immediately nolify the contractor or its assignee of such occurrence in the event of such termination.
Conlract Binding II is agreed thal this Contract shall be bonding on and rrure to the
benefit of the parties hereto, their heirs, executors. administrators. assigns. and
successors.
Veriflcatlon or Compliance with C.R S. 8-17.5-101 ET SEO. Regarding lllqal Aliens
(a) Employees, Contractors and Subcontractors: Contractor shall not knowingly
employ or conltacl with an ,!legal alien to perform wor1< under this Contract. Contractor shall not
contract with a subcontractor that (i) knowingly employs or contracts with &n IHegal alien to perform
work under this Contract or (ii) fails to certify to the Contractor that tne subcontractor win not
knowingly employ or contract with an illegal alien to perform work u11der this Contract. [CRS 8·
17.5-102(2)(a)(I) & (II).]
(b) Verifi cation: Contractor has verified or attempted to verify through participation in
the "basic pilot program· (authorized by P.l.204 of 104"' Congress and amended by P.L.156 of
108" Congress) that Contractor does not employ any illegal aliens. And, if not accepted Into the
"basic pilot program' prior lo entering into this Contract. Contractor further venfies, Contractor will
apply to participate in the "bas,c pilot program· every three months until Contractor is accepted or
this Contract is completed. whichever Is earlier. [CRS 8-17 .:-I02(2)(b)(l).J
(c) Limitation regard ing the "Basic PIiot Program: Contractor shall not use bas ic
pilot program procedures to undertake pre-employment screening of job applicants while
performing this Contract [CRS 8-17.5-102(2)(b)(II) J
(d) Duty to Terminate a Subcontract: If Contractor obtains actual knt•wledge that a
subcontractor performing work under this Contracl knowingly emo loys or contracts wilh an Illegal
alien. the Conlractor sha ll.
(1) Notify the subcontractor and the Coty within three days that the Contractor has
actual knowledge that the subcontractor Is employing or contracting with an Illegal alien;
and
(2) Terminate the subcontract with the subcontractor If, within three days of
receiving notice that the Contraclor has actual kno11 ledgu that the subcontraclor Is
employ,ng or contracting wilh an illega l alien. the subcontra ctor does not slop employing or
contractrng with the 1llegdl alien. (CRS 8-17 5-102(2)(b)(lll~A) & (B).J
(3) Exception: If the subcontractor provides information to eslabl,sh that the
subcontractor has not knowingly employed or contracted with an lllet al alien and the
subcontrac1or stops employing or contracting with the illegal alien .
(e) Duty to Comply with State lnvostigation: Contractor shall comply with any reasonable • request of the Colorado Department of Labor and Employment made In the course of an invesliqalion pursuant lo C.R.S. 8-17.5-102 (5). (CRS 8-17.5-102(2XbXIV).] (f) Damage s for Breach of Contract; The City may terrninate lhis contract for a breach or conlrat•. In whole or ,n part, due to Contractor's breach of any section of lhis paragraph Contractor shall be liable for acluaI and consequential damages lo the City In addition lo any other legol or equitable remedy the City may be entitled to for a breach of this Contract.
IN WITNESS WHEREOF, the parties have caused these presents to be signed personally or by
their duly authorized officers or agents and their seals affixed and duly attested the day and year
first above written.
This Contract is executed in 5 counterparts.
Contractor
by ___________ _
Party of the Second Part
ATTEST:
Secretary
CITY OF ENGLEWOOD
by ___________ _
Mayor -James K. Woodward
Party of lhe First Part
ATTEST·
City Clerk -L ousrishia A. Ellis •
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PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreemenl (the ·Agreemenl") Is made as of this §ili day of Octobor..lQP!, by and between Hartwig & Associates. Inc. whose address is 304 lnvemess Way South, Sui!!
3~wood. CO BQJ.ll. (·Consultant") and Iht...C_IDLof Eoglewood. Colorado, a municipal
corporation organized under the laws or the state of Colorado ("C ity"). City i!eslres lhal Consultant
provide engineering consulting services. for the BRIDGE OVE!LI.!:!E...el,.ATTJ;_~
DARTMOUTH AVENUE (STE M395·012) as described in Schedule A. and Consullant desires lo
perform such services on behalf of C1ly on the lerms and conditions set forth herein, the total
estimated cost thereof being Seventy seven thousand fourteen dollars and no cents IS77.014.00).
In consideration or the foregoing and the terms hereinafter sel rorth and other good and valoable
conside ra tion, the receipt and sufficiency of which are hereby acknowledged, the parties hereto,
Intending lo be legally bound, agree as follows:
1. Definitions. The terms set rorth below sha ll be defined as follows:
(a ) "lnlellectual Property Rights· shall mean any and all (by whatever name or lerm known
or designated) tangible and 1ntar,;,:1ble and now known or hereafter existing (1) nghts associale wilh
works of aulhorship throughoul lhe 1, ,iv~, ~e. including but not limlled to copyrights, moral rights. and
mask-works. (2) trademark and tr11.1e name righls and similar rights, (3) trade secret rlghls. (4)
patents, designs. algorilhms and o:nl •nduslrial property rights . (5) all 01her inlellectual and Industrial
property nghts (of every kind ano nr,·~re throughout the universe and howeve r designaled) (includ1119
logos, "renlal" rights and nghts ~muneration), whether aris1n1 by operalion of law, contracl.
li cense, or oth erwise, and (6) all re!; ;;rations. inilial appli cations, ren,1wals, extensions, conti nuations.
divisions or reissues hereof now or hereafter In force (lncludi119 any rights in any of the foregoing).
(b ) "Work Product" shall mean all patents. pate11t apphcations, invent10ns. designs. mask
works, processes. melhodologies. copyr19hls and oopynghlabfe works, trade secrets Including
conlldential Information, dala. designs. n ,nuals. training materials and documen'elion, formulas,
knowledge of manufacturing processes, melhods. prices, financial and accounting data, pcoducts and
product spec1ficat10ns and al other Intellectual Property Rights crealed, developed or prepared
documented and/or delivered by Consultant. pursuant lo lhe provision of lhe Services.
2. Statements of Work. During the lerm hereof and subject to the torms and condihons
contained herein, Consultant agrees to provide, on an as request&<! basis, the consulting services.
system~ integration seMces. data oonversion services. training services. and relaled services (the
"Services") as further described in Schedule A (lhe ·statement of Work") for City, and In such
additional Slatem enls of Work as may be execuled by each of lhe parties hereto from lime to l ime
pursuanl to this Agreement. Each Statement of Work sha ll specify t he scope of work. speclficallons,
baSIS of compensation and payment schedule. estimated length of time required lo complete each
Statement of Work. including the eshmated star1/finish dates. and other relevar t Information and shall
Incorporate all terms and cond11ions conlalned in this Agreement
3. Performance of Services . (a) Performance. Consultant shall perform lhe Servi~es necessary to complete all projecls outlined in a Statement of Work in a timely and pro fessional manner consistent wilh the specifications, if any, set forth in lhe Slatemenl of Work , and in acco•dance with induslry standards . Consullanl agrees lo exercise the hi3hesl degree of professionalism, and l o utilize ils expertise and creative lalenls in completing lhe projects outlined in a Stalement of Work . (b ) Del ay s. Consul tant agrees to notify City promptly of any faclor, occurrence , or event coming to its allention that may affecl Consu ltant's ab ility to meel lhe requirements of the Agreement,
or lhat ,s likely lo occasion any material delay in completion of the projects contemplated by this
Agreemen t or any Statement of Work. Such no tic e shall be given in the event of any loss or
reassignment of key employees , threat of strike , or majo r equipment failure . Time is expressly made
of the essence with respect to each and every term and provision of th is Agreement.
(c ) Disc rep ancies. If anything necessary for the dear understanding of the Services has
been omi tt ed from the Agreement specifications or it appears that various instructions are in conflict,
Vendor shal l secure written instructions from City's project director before proceed in g with the
performance of the Services affected by suc h omissions or discrepancies.
4. Invoices and Payme nt. Un le ss otherwise provided in a Statement of Wo rk, City shall pay the
amounts agreed to in a Statement of Work with in thi rty (30) days following the accep tance by Ci ty of
the work called for in d Statement of Work by City. Acceptance procedures shall be outlined in the
Statement of Work . Ii City di~pu tes all or any portion of an invoice for charges, then City shall pay the
undisputed portion of the Invoice by the due dale and shall provide the follow in g notification with
respect to the disputed portion of the invoice . City sha ll notify Consultant as soon as poss ible of the
specific amount ,jisputed and thall provide reasona bl e detai l as to the basis for the dispute. The •
parties shall then at t.:mpt to resolve the disputed portion of such invoice as soon as possible. Upon
resolution of the disputed portion , City sha ll pay to Consultant the resolved amount.
5. Taxes. City is not subject to taxation. No federal or other tax es (excise, luxury,
transportation , sales, etc .) shall be in cluded 1n quoted prices . City shall not be obligated to pay or
re imburse Consultant for any taxes allribulable to the sale of any Services which are im posed on or
measured by ne t or gross Income , ca pilal , net worth , franchise, privilege , any other taxes , or
assessments, nor any of the foregoing imposed on or payable by Consultant. Upon written
notification by Cit y and subsequent ve ri fica ti on by Consultant , Consultant shall re imburse or credit, as
applicable , City in a tim ely manner, for any and all taxes erroneously paid by City . Ci ty shal l provide
Consultant with , and Consultant shall accept in good faith , resale, direct pay , or other exemption
certificates , as appli cab le .
6. Out o f Po cket E xpenses . Consultant shall be rei mbursed only for expenses which are
expre ssly provided for in a Statement of Work or which have been approved In ad vance in writing by
City , provided Consultant has furnished such documentation for authorized expenses as City may
reasonably request.
7. Audit s. Consultant sha ll pro••' · uch employees and in dependeni auditors and ins pectors as
City may designate with reasona L.~ <1ccess to all si tes from wh ich Se rv •.-:es are performed f,,r the
purposes of performing audits or inspections of Consultant's operation. and co mpliance with this
Agreement Consultant shall provid e suc h auditors and in spectors any reasonabl e assis tan ce that
they may require. Such audits sha ll be conducted in such a way so that the Services or services to
any other customer of Consultant are not impacted adversely. •
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8. Term and Termination. The term of lhis Agreement shall commence on the Effective Dale and shall conti nue unless this Agreemenl is terminated as provided in !hos Section 8 . (a) Convenience. City may. without cause and wilhoul penally. terminate the provision of Services under any or all Statements of Work upon thirty (30) days prior written notice. Upon such termInatIon, City rhall. upon receipt of an invoice from Consullanl. pay Consultant fo r Services actually re ndered prior to t he eff Pctive date of such termina tion. Charges will be based on time expended for a ll incomplete tas ks as listed in the applicable Statement of Work. and a ll completed tasks will be charged as indicated in the applicable Statement of Work.
(b) No Outstanding Statements of Work . Either party may terminate this Agreemenl by
providing the other party with at least thirty (30) days prior written notice of termination if there are no
outstanding Statements of Work.
(c) Material Breach. If either party materially defaults in the performance of any term of a
Statement of Work or this Agreement wi th respect to a specific Statement of Work (other than by
nonpayment) and does not substantially cure such default within thirty (30) d ays after receiving written
notice of such default. then lhe non-defaulting party may terminate this Agreement or any or all
outstanding Statements of Work by providing ten (10) days prior writlen notice of termination lo lhe
defaulting party.
(d) Bankruptcy or Insolvency . Either party may terminate this Agreement effective upon
writlen nolice stating its inlenlion to terminate in l he eve n! the other pa rty: (1) makes a general
assignment of a ll o r subs tantially all of ils assets for the benefit of its creditors; (2) applies for,
consents to, o r acquiesces in the appointment of a receiver. trustee, custodian, or liquidator for its
business or all or substantially all of its assets; (3) files, or consents l o or acquiesces in, a petition
seeking relief '>r reorganization under any bankruptcy or insolvency laws; or (4) files a petilion seeking
relief or reorg&oization under any bankruptcy or insolvency laws is filed against that other party and is
nol dismissed within sixty (60) days after it was filed.
(e) TABOR. The parties understand a nd acknowledge that lhe City is subj ect lo Article X, §
20 c f the Colorado Constitution ("TABOR"). The parties do not lnlend to violate the terms and
requirements of TABOR by lhe execution of this Agreement. II is understood and agreed thal this
Agreement does not crea te a multi-fiscal year direct or indirect debt or obligation w it hin t he meaning
of TABOR and. notwithstanding anything in this Agreement to the contrary, all payment obligations of
City are expressly dependent and conditioned upon the continuing availability of funds beyond the
term of City's c urrent fiscal period ending upon the next succeeding December 3 1. Financial
obligations of City payable after the current fiscal year are contingent upon lunds for that purpose
being appropriated, budgeted. and otherwise m~dil available in accordance with the rules,
regulations. and resolutions of City and applicable law. Upon lhe failure to appropriate such funds ,
th is Agreement shall be deemed terminated.
(f) Return of Property. Upon termination of this Agreement. both parties agree to return lo
the other all property (including any Confidential Information. as defined in Section 11) of the other
party that it may have in its possession or control.
9. City Obligations. City will provide lime:y access to City personnel, systems and i~formation
required for Consultant to perform its obligations hereunder. Cily shall provide to Consullanl's
employees performing its obligations hereunder at City's premises, w ithoul charge. a reasonable work
environment in compliance with all applicable laws and regulations, including office space, furniture ,
telephone service, and reproduction. computer. facsimile. secretarial and other necessary equipment.
supplies, and services. With respect to all third party hardware or software operated by or on behalf of
City. City shall at no expense to Consullant, obtain all consents. li censes and subli censes necessary
for Consultant to perfor"' under the Statements or Work and shall pay any fees or o ther costs assoc,ated with obta,mng such consents. hcen~es and subucenses 10. Staff. Consult .. ,.t Is an independent Consultant and neither Consultant nor ConsullaPfs staff Is. or shall be deemed to be employed by C,ty. City Is hereby contracting with Consultant for the Services descnbe.J ,n a Statemt.n l of Work and Consultant reserves the nght to determine the method. manner and means by whrch the Services 1'1111 be performed The Services shall be perfonned by Consultant or Consultant's staff. and City shall not be required to hire. supervise or pay any assiGlants to help Consullant perform the SeMces under ttils Agreement Except to the extent that Consultant's work must be performed on or wilh City"s computers or City's existing software. all matenals used in providing the Services shall be provided by Consultant
11. Confldentlal lnfonmatlon.
(a) Obligations. Each party hereto may recetve from the other party ,nrormatlon which relates
lo the other party's business. research. development. trade secrets or business affairs ("Confidential
lnforma1ton·1. Subject to the provi sions and exceptions set forth In the Colorado Open Records Act.
CRS Section 24-72-101 et. seq., each party shall protect all Confidenltal lnformalion of the other party
with the same degree of care as It uses to avoid unauthorized use. dlsclo~ure. publication or
dis~emlnatlon of lls own confidential information of a similar nature. but in no event less than a
reasonable degree of care . Without limiting the generality of the foregoing. each party hereto agrees
not to disclose or permit any other person or enhty access to lhe other party·s Confidential Information
except such disclosure or access shall be permitted to an employee, agent. representative or
Independent Consultant or such party requiring access to the same In order to perform his or her
employment or services Each party shall insure that their employees, agents, representatives. and
,nde~ndent Consultants are advised of the confidential nature of the Confidential Information and are
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precluded from taking any action prohibited under this Section 11 . Further. each party agrees not to •
alter or remove any identification, copyright or other proprietary rights notice which indicates the
ownership of any part of such Confidential Information b~• the other party. A party hereto shall
·1ndertake lo immediately notify the other party in writing of all circumstances surrounding any
~ossession, use or knowledge of Confidential lnformahon at any location or by any perSQn or enhty
o ther than those authorized by this Agreement. Notwithstanding the foregoing, nothing in this
Agreement shall restrict either party with respect to 1nformahon or data identical or similar to that
contained In the Confidential Information of the other party but which ( 1) that party rightfully
possessed before It received such information f,om the other as eVJdenced by written documentation:
(2) subsequently becomes publicly available through no fault of that party; (3) Is subsequently
furnished rightfully t:> that party by a thi• I party wllhout restrictions on use or disclosure; or (4) is
required to be disclosed by law, provided that the disclosing party will e~ercIse reasonable efforts to
notify the other party pnor to disclosure.
(b) Know• "ow. For lhe avoidance or doubt neither City nor Consultant shall be prevented
from makmg use or knoN•how and principles learned or experience gamed of a non-proprietary and
non-confidenltal nature
(c) Remedies. Each of the parties hereto agree that If any of them, their officers. employees
or anyone obtatning access to the Confidential Information of lhe other party by. through or under
them. breaches any provision of this Section 11. the non,br,;,aching party shall be enhtled to an
accounting and rep,;, nent or all profits. compensallon. co,~ · ·emunerations and benefits
which the breaching party, its officers or employees directly ,ll?e or may realize as a
result of or growing out or, or in connection with any such br6 ,.:i ,, to. and not In limitation
of the roregolng, In the event of any breach of this Section ; 1, tr,~ .• •rtles agree that the non-•
breaching party wdl suffer irreparable harm and that the tota l anv:iunt of monelary damages for any
such injury lo lhe non-breaching party aris ing rrom a VIOiation of this Sectron 11 would be Impossible
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to calculate and would tr?e,efo,e be an ina dequate remedy at law . Acco rd ingly , the parties agree that the non-breaching party shall be entitled to temporary and permanent inj un ctiv e relief against the breaching party, it s officers or employees and such ether rig hts and remedies to v,hich the non-breaching par1y may be en titled to at law, in equity or under this Agreement for any 1iolalion of !his Section 11 . The provIsIons o f thi s Section 11 shall survive the expiration or termination of this Agreeme nt for any reason . 12 . Project Managers . Each party shall designate one of its employees to be its Project Manager under each Statement of Work , who shall act for that party on all matters under the Statement of Work . Each party sha ll notify the other in writing of any rep lacement of a Proj ect Manager. The Project Managers for each Statement of Work shall meet as often as either one requests to review the
status of the Statement of Werk ,
13. Warranties.
(a) Authority . Consultant represents and warrants that: (1) Consultant has the full corporate
righ t. power and authority to enter in to th is Agreement and to perform the acts required of it
hereunder; (2) the execution of this Agreemen t by Consultant , and the performance by Consultant of
its obligations and duties hereunder, do not and will nol violate any agreement to which Consultant is
a party or by which it is otherwise bound under any applicable la w, ru le or regulation; (3) when
executed and delivered by Consultant , this Agreement will constitute the legal, valid and binding
obli gation of such party, enforceable against such party in accordance with its terms; and (4)
Consultant acknowledges that City makes no representations, warranties or ag reements re la ted to tne
subject matter hereof that arc not expressly provided for in this Agreement
(b) Service Warranty. Consultant warrants that its employees and Consu ltants shall have
sufficient skill , knowledge, and training lo perform Services and that the Services shall be perfom,ed
in a professional and workmanlike manner.
(c) Personnel. Unless a specifi c number of employees is set for1h in the Statement of Work,
Consultant warrants it will provide sufficient employees to complele the Services ordered within the
applicable time frames established pursuant lo th is Agreement or as set for1h in the Statement of
Work.. During the course of performance of Services. City may, for any or no reason, requesl
replacemen t of an employee or a proposed employee. In such event, Consultant shall , within five (5)
working days of receipt of such request from City , provide a substi tu te employee o! sufficient skill,
knowledge , and training to perform the applicable Services. Consultant shall require employees
pI -vid ing Ssrvices at a City location to comply with app••~able City sn ctority and safety regulations and
po licies .
{d) Compensation and Benefits . Consultant sh all provide for and pa y the co mpensation of
employees and shall pay all taxes, contributions, and benefits (such as, but not limited to , workers '
compensation benefits) which an employer is required to pay re lating to the employment of
employees . City shall not be liab le to Consultant or to any employee for Consultant's fa il ure to perform
its compensation , benefit , or lax obllgalions. Consultant shall indemnify, defend and hold City
harmless from and against all such laxes, contributions and benefits and will comply with all
associated governmental regulations, Including lhe filing of all necessary reports and returns .
14 . Indemnification .
(a) Consultant Indemnification . Consultant shall indem nify , defend anu hold harmless City,
ii~ directors. officers , employees , and agents and the heirs , executors, succe ssors , and permitted
assig~s of any of the foregoing (lhe "City lndemnitees") from and againsl all losses, claims,
obligations . demands , ass essments , fines and penalties (whether civil or criminal), liabiliti es,
expenses and cosls (including reasonable lees and disbursements of legal counsel and accountants}. bodily and other perso nal inJunes, damage lo Iang1bte property and other damages, of any kind or • nature, suffered or incurred by a City lndemrulee directly or Indirectly anslng from or related lo: (1) any negligent or intentional act or omIss10n by Consultant or its representaltves in 1he performance ol Consultants obligations und er this Agreement. or (2) any material breach in a representatton. warranty, covenant or obhgallon or Consultant contained in this Agreement. (b) Infringement. Consultant will indemnify. defend, and ho1d City harmleJs from all lndemnifiable Losses arising from any third party claims that any Work Product or methodology supplied by Consultant Infringes or misappropriates any Intellectual Property 11ghts of any third party:
provided, however, that the foregoing indemnification obligalton shaft not apply to any alleged
infringement or misappropriation based on: ( 1) use of the Work Product In combination with products
or services not provided by Consultant to the extent that such infnngement or misappropriation would
have been avoided if such other products or services had not been used; (2) any modificallon or
enhancement lo the Worl< ProdlJCI made by City or anyone other lhan Consultant or ils
subConsultants: or (3) use or the Work Product other than as permitted under this Agreement.
(c) Indemnification Procedures. Notwith,standlng anything else contained in this
Agreement, no obligation to indemnify wnlch is set forth in this Section 14 shall apply unless the party
claiming Indemnification notifies the other party as soon as practicable to avoid any prejudice in the
claim, suit or proceeding of any matters in respect of which the indemnity may apply and of which the
notifying party ~as knowledge and gives the other party the opportunity to control the response
thereto and the defense thereof; provided. however, lhat the party claiming i11demnillcatio n shall have
the right 10 participate In any legal proceedings to contest and defend a claim for indemnif,cation
Involving a third party and to be represented by its own attorneys, all at such party's cost and
expense: provided further, however, that no settlement or compromise of an asserted third-party claim
other than the paymenVmoney may be made w ithout the prior written consent of lhe party cla iming •
indemnification.
(d) Immunity. City, its officers. and its employees, are relying on, and do not waive or Intend
to waive by any provision of this Agreement, the monetary limitations or any other nghts, Immunities.
and protections provided by the Colorado Governmental Immunity Act. C.R.S 24-10-101 et seq., as
from time to time amended, or otherwise available to City, its officers. or It~ employees.
15. Insuranc e.
(a) Requirements. Consultant agrees to keep In full force and effect and maintain at its sole
cost and expense the following policies of insurance during the term of this Agreement.
(1) The Consultant shall comply w1lh the Workers· Compensation Act of Colorado and
shall provide compensabon Insurance to protect the City from and against any and all Workers·
Compensallon claims arising from performance of the wor, under this contract. Workers'
Compensation insurance must cover obllgatk>ns imposed by applicable laws lor any employee
engaged in the performance or work under this contract, as well as the Emp!oyers· llab11tty within the
minimum stalutory limits.
(2) Commercial General Liability Insurance and auto liabllity Insurance (includ1n"
contractual liability insurance) prOlliding coverage for bodily injury and property damage with a
combined single limit or not less lhan three million dollars ($3,000.000) per occurrence.
(3) Professional liabihty/Errors and Om1ss1ons Insurance covering acts, errors and •
omissions arising out of Consultant's operations or Services In an amount not less than one million
dollars (S 1,000,000) per occurrence.
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(4) Employee O1shones, and Computer Fr~wd Insurance covenng losses ansIng OU1 of or In connecllon wllh any fraudulent or d1sho~esl acls con1m1l1P.d by Consullant personnel, achng alone or with others. In an amount not less than one P'1lhon dotlars (S 1,000.000) per occurrence. (b) Approved Companies. All such insurance shall be procu red with such Insurance companies of good standing, permitted to do business in the country, stale or territory where the Services are being pe rformed (c) Certificates. Consultant shall provide City with i:ertiftcates of insurance evtdeoong compliance with this Section 15 (Including evidence of re newal of Insurance) signed by au thorized representatives of the respective carriers for each year that this Agreerrenl Is in effecL Certificates of
lnsurunce will list the City of Englewood as an additiona l insured. Each certificate of insurance shall
provide that the itsuing company shall not cancel , reduce, or otherwi se ma terially change lhe
insurance afforded under the above policies unless thirty (30) days' notice of such cancellation,
red uction or materia l change has been provided to City .
16. Rights In Work Product.
(a) Generally. Except as specifically agreed to the contrary ,n any Statement of Work. all
Intellectual Property Right s In and to the Work Prod uct produced or prov ided by Consultant under any
Statement of Work shall remain the ~operty of Consul tar t With re!,pecl to the Work Product ,
Consultant uncc. ,d1tlonally and irrevocably grants to City dunng the term cf such Intellectual Property
Rights, a non-excl usive, irrevocable, perpetual, worldwide, fully paid and roya lty-free license, to
reproduce , create denvallve works of. dlstnbule. publicly perform and publicly display by all means
now kn own or la t6r deve loped, such Intellectual property Rights .
(b) Kn ow-How. Nolw1lhstand1ng anything to the contrary herein, each party and rts
respective person nnl and Consullants shall be free to use and employ its and their general skills,
know-how. and expertise, and lo use. disclose. and employ any generalized Ideas. concepts. know•
how, mt>lhods, techn iques, or skills gained or learned during the course of any assignment. so long as
11 or they acquire and apply such Information without disclosure of any Confidential Informa tion or the
other party.
17. Relationship or Parties . Consultant Is acting only as an Independent Consultant and does not
undertake, by this Agreement, any St atement of Work or otherwise. to perfom, any obligation of City,
whether regulatory or contractual, or lo assume any responslblllty for City's business or operations.
Neither party shall act or represent ,tself. directly or by ,mplicatlon. as an agent of lhe other. except as
expressly autho rized In a Statement of Work .
18. Complete Agreement. This Agreement contains the entire agreement bet141e"n the parties
hereto with respect lo the mailers covered herein
19. Applicable Law. Consultant shall comply with all applicable laws In performing Services but
shall be held harmless for violation ol any governmental procurement reguld!lon to which II may be
subjeci but to which reference is not made In the applimble Statement of Work This Agreement shall
be construed In accordanr.e with the laws of the Sta,. ·•' Colorado. Any achon or proceed ing brought
lo Interpret or enforce the provisions of this Agreemer • shall be brought before lhe stale or federal
court situated In Arapahoe County, Colorado and each .,,rrty hereto consents to Jurisd1cllon and venue
before such cou rts
20. Scopo of Agr eemen t. If the scope of an}' provIsIons or this Agreement is too broad in any
respect whatsoever lo permit enforcement to ils fullest exle'1I. then such provision sha ll be en forced 10
t~e maximum extent permitted by law, and the parties hereto consent lo and agree that such s::ope
may be 1udic1alty modified actJ<dingly and that the whole of such proV1sIon of th,s Agreement shall not thereby fail , bul that the scope or such prov,sIon shall be curtailed only to lht> extent necessary 10 • conform to law 21. Additional Worl<. Aller rece,pl or a Statem ent or Work , C,ty, with Consullanl's consent. may request Consultant to undertake additional work with respect to such Statement of W.irk. In such evenI, City and Consultant shall execute an :;d,,e,1dum to the Statement of Work specify ing such additional work and the compensation to be pa,i 'o Con~ultant for such additional work. 22 . SubConsultants. Consulta nt may not subcont ract any of the Services to be provided hereunder without the prior written consent or City. In the event of any pPrmitled subcontracting, the
agreement wIt11 such lhird party shall provide that. with respect lo the subcontracted work. such
subConsultant shall be subject to all or the ob liga llons of CMsullanl specified in this Agreement.
23. Notices. Any notice providlld pursuant lo this Agreement shall be in writing to lhe parties al
the addresses sel forth below and shall be deemed given (1) II by hand delivery. upon rece ipt thereof.
(2) three (3) days after deposit in lhe United State; mails. poslage prepaid, certified mail , return
receipt requested or (3' one (1) day after deposll with a nationally-recognized ovemighl courier.
specifying ovemighl priorily delivery. E1lher party may change Its address for purposes of this
Agreement at any time by giving writlero no1Ice of such change lo the other party hereto.
24. Assignment. This Agreemer may not be assigned by Consullant wlthoul the prior written
consent or City. Excepl for the proh lba,,n of an assignmenl contained In the preceding ~entence . this
Agreement shall be binding upon and Inure lo the benefit or the h1>lrs. successors and assigns of the
parties hereto.
25. Third Party Beneficiaries . This Agreement Is entered inlo solely for the benefit 'lf lhe parties •
he reto and shal l nol confer any rights upon any person or enlity not a party lo this Agreement.
26. Headings. The section headings ,n this Agreement are solely for convenience and shall nol
be considered in ils Interpretation. The recitals set forth on the firsl page or this Agreemenl are
incorporaled into the body of lhls Agreemenl The exhibils referred to lhroughoul this Agreemenl and
any Stalemenl or Work prepared in conformance wllh Ih1s Agreement are lncorporatet nlo this
Agreement.
27. Waiver. The failure of either party al any lfme tc require performance by lhe other party of any
provision of this Agreement shall not effect In any way U e full right to require suc h performance al any
subsequent time: nor shall the waiver by either pa.rty of a breach of any proVISIO(l or th,s Agreement
be taken or held to be a waive r or the provision itself
28. Force Majeure. II performance by Consullanl , f any serv,ce c, obligalion under lhis
Agreement is prevented . :eslrlcted, delayed or inlerfared w1lh by reason of labor dlspules. slrikes ,
acls or God, floods. lighlning. severe weather. shortages or materials. ralion,r.g. utility or
communications failures , earthquakes, 1· ,r, revolution. civil commotion , acls or public enemies,
blockade. embargo or any law. order, proclamation. regulation, ordinance, demand or requirement
having legal effecl of any govemmenlal or judicial authority or rep;esenlaliv<J of any such government,
or any other eel whether slmlla r or dlss1mIlar 10 those referred to In this cl.,ase. which are beyono the
reasonable control of Consul'•nl, lhen Consullanl sha" be excused from such perforrnance lo the
exlenl or such prevention, reslric llon, delay or inlerference. II the pericx' or such dtlay exceeds thirty
(30) days, City may, without llabm: ... lermlnate the alfecled Staleme nt of Work(s) upc!I wrillen nollce
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29. Time of Performance. Time is expressly made of the essence with respect to each and every term and provision of this Agreement. 30. Permits Consultant shall at ,ts own expense secure any and all licenses, permits or certificates that may be reqwred by any federal, state or local statute. ordinance or regulation for the performance of the Services under the Agreement. Consultant shall also comply with the provisJOns of all Applicable Laws In performing the Services under the Agreement At Its own expense and al no cost lo City, Consultant shall make any change, alterallon or modification that may be necessary lo comply with any Applicable Laws that Consultant failed to comply with at the time of performance of the Services.
31 . Media Releases. Except for any anoouncement 1ntended solely for internal distnbu:Klfl by
Consultant or any disclosure required by legal, accounhng, or regulatory requirements beyond the
reasonable control of Consultant, all media re leases, public anoouncements. or public disclosures
(including, but not limited lo, promotional or marketing ma terial) by Consultant or Its employees or
agents relating to this Agreement or Its subject matter, or including th e name, trade mark, or sym bol of
City, shall be coordinated with and approved in writing by City prior to the release thereof, Consultant
shall oot represent directly or Indirectly that any Services provided by C'onsultant to City has been
approved or endorsed by City or include the name, trade mark, or symbol of City on a list of
Consultant's customers without City's e)(press written consent.
32. Nonexclusive Market and Purchase Rights . It is expressly understood and agreed that this
Agreement does not grant to Consultant an exclu sive right to provide to City any or all of the Services
and shall no t prevent City from acquiring from other suppliers services similar to the Services.
Consultant agrees that a cquisitions by City pursuant to th,s Agreement shall neither restrict the right of
City to cease acqu1nng nor require City t.o continue any level of such acquis1Uons. Estimates or
forecasts furnished by Ctty to Consultant poor to or dunng the lerm or th,s Agreement shall not
constitute commitments.
33 . Survival. The provisions of Sections 5, 8(9), 10. 11 , 13, 14, 16, 17, 19, 23, 25 and 31 shall
survive any expiration or termination for any reason or th is Agreement
34 . VARIFICATION OF COMPLIANCE WITH C.R.S. 8-17.5-101 ET.SEQ. REGARDING ILLEGAL
ALIENS
(a) Employees, Consultants and SubConsultants: Consullant shall not knowingly
employ or cont ract with an Illegal alien to perform work under this Co ntract. Consultant shall not
contracl with a subConsullanl thal (I) knowi ngl y employs or contracts with an illegal alien to perform
work under this Contract or (II) falls to certlfy to the Consullant lhat the subCon~ultant will not
knowingly employ or contract with an illegal alien to perform work under th,s Contract. (CRS 8-17_5.
102(2)(a)(I) & (II).)
(b) Verification: Consultant has verified or attempted lo verify through partiClpalion In the
"basic pilo l program" (authorized by P.L.204 of 104'" Congress and amended by P.L.156 of 108'"
Congress) that Consultant does oot employ any Illegal aliens. And, If not accepted lnlo the "basic
pilot program· prior to enlenng Inlo Ih1s Contract, Consultant further verifies, Consultant will app ly to
partlcipate III lhe "basic pilot program· every three months until Consultant is accepted or this Contract
Is completed, whichever ls earlier (C RS 8-17 5-102(2)(b)(I).)
(c) Limitation Regarding the "Basic PIiot Program": Consult ant shall not use baste
pilol program procedures to undertake pre-employmenl screening of job applicants while performing
this Contract. CRS 8-17.5-102(2)(b)(II).)
(d) Du ty to Terminate a Subcontr act: If Consultant obtains actu al knowledge thal a subConsultant perf1,m111,g work under this Contract knowmgly employs or contracts with an Illegal • alien, lhe Consultant shall, (1) notify the subConsultant and the City w1thIn three days that the Consultant has actual knowledge that the subConsultant is employmg or contracting with an illegal alien, and (2) terminate the subcontract with the subConsultant 1f, within three days of receiving notice that the Consultant has actual knowledge that the subConsullant is employmg °' con tracting with an Illegal alien, the subConsultant does not stop employ ing or contracting with lhe illegal alien . CRS 8-17 5-102(2)(bXIIIXA) & (BJ.)
(3) Exception: If the subConsultanl provides information lo establish th at lhe
subConsultanl has not knowingly employed or contracted with an Illegal alien and the
subConsullant slops employing or contracting with the illegal alren.
(el Duty to Comply with State Investigation: Consultant shall comply with any re asonab le
request of the Colorado Df-partment of Labor and Employment made In the course of an investigation
pursuant lo C.R.S, 8-17.5•102 (5), CRS 8-17,5-102(2XbXIV ).]
(f) Damages for Breach of Contract : The City may terminate this contract for a breach of
contract, m who le or in part, due to Consuttanl's breach of any section of this paragraph. Consultant
shdll be liable for actual and conseque ntial damages to the City In ad 'ition lo any othe r legal or
equitable remedy the City may be entitled to for a breach of this Contract.
IN WITNESS WHEREOF , the parties to this Agreement have caused it to be executed by their
authorized officers as of the day and year first above written . This Agreement is executed In 4 •
counterparts. each of which shall be deemed an original. but all of which together shall constitute one
and the same instrume nt.
CITY OF ENGLEWOOD, COLORADO
By: _____________ _
Title: ______________ _
ATTEST:
Ci ty Clerk
(Consultant Name)
Address
City, State, Zip Cod e
By: ________ _
Title: •
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SCHEDULE A OUTLINE OF STATEMENT OF WORK 1. GENERAL The following list of documents and/or drawings are attached or incorporated by reference: • Exhibit A from Hartwig & Associates. Inc. -Project Scope of Work (attached) • Exhibit B from Hartwig & Associates, Inc. -Cost Proposal (attached)
• Bric!se over Platte River at Dartmouth Avenue Plans & Speci!icatio'ls
• Colorado Department of Transportation Standard Sp-3cificalions
• FHWA form 1273
2. NAMES OF PROJECT MANAGERS
For the City: Larry Nimmo, Field Operations Administrator
For Consultant: Marvlnetta Hartwig , PE
3. SUMMARY OF PURPOSE FOR STATEMEN7 OF WORK
Consulting services for construction observation.
4 . DESCRIPTION OF WORK PRO DU CT AND DELIVERABLES
Cons ulting per Attachments from Hartwig & Associates. Inc.
5. MODE OF PAYMENT
Payment to Consultant by Check
6. PAYMENT SCHEDULE
Net 30 days
IN WITNESS WHEREOF, pursuant and in accordance with the Professional Services Agreement
between the parties hereto, the parties have executed this Statement of Work as of this 6th day of
October, 2008.
CITY OF ENGLEWOOD , COLORADO
By: __________ _
James K. Woodward
TIUe· Mayor
Company Name
By: __________ _
Trtle: ___________ _
• 01:PARTMENT OF TRANSPORTATIO N Contracts and Market Analys is 8r1nch ,zo1 EutMantn Avetwe TATE OF STE t.ll55-012 Bl,dge O.e< Pw:e Rl\'tl a, D•"'"°"lh A....,. P!qrct Code 15911
•
Den,t, c........ 80212 1 ......... (303) 757-9736 f ... ,., !3031157-9161
~-•. -:ll H •.d ,sen
City 01 En~le,'Ood
1:1<,p1:lment 0~ r.:t!ic ,1 r,s
10)0 Eng!cwoo.:1 rar•:,1a1·
£~~ •riood, CO o0l!0
re,r 1-:r. Hendnsor.:
6:isPd on my re\'l w o~ tt,e ! in,;1nc1 l .sta emi?nt ~t,_.d s-,.·r• • mt-.er i ·, 200& and
re~• if,t o1:
-~ror Forrr. 0~, Con ractor.a rerrorm.1nco Capal>1!ity :c:itemt::ir,t
·COOT Form 6O~, Anti·Collus10n Mf1davit
·COOT F.:>nr 621 , Aulgnment o! Anti -Trust Cl irns and
-Docut!',Cnl,J' i Ii of cor.!ornanc:e -with roo:-UOBE Con:.ra,:t Gaal Polic\,,
he C ty' s award 01 Ptoject STE 1•:395-012 to Goo'1land Crnsuu~ !on , Inc. Is
arprovAd,
flt•,1.e ini.;h. ti ·01y-0t Fll\'JA rcrrn 1273 as part ot r:,ur ci::ntr ..... with
Gl: 1lond :,r,s"tU"'"'~on, J:-,c •• i"c:;r coc -era ion ~n this n.a:ter Js .;i;:pr,:,ei,t. ·j,
: r0l A~.lt>rscn , F·•
F•qlcll £.!:0 0: IJ • r, F·•·
1,,,..: t, i'qr ee~"lnts
i, l\"t::: Fr~jt.i• • & Gt m• I
:..offr• r. Pnnr ttt , .. rr•1 ct ~1iJly:;!s
:'.4c.rn::...,1e.s fL. Buat!IP!11 r .::..i;r)ru
CAnt r 1 ~1 leis
• City of Englewood Bid Tabulation Sheet Bid Opening: September 11 , 2008 10:00 a .m . • ITEM: ITB-08-128, Brid_!!_e over the Platte River at Dartmouth Avenue ----· ----------. ------... Bid Bond DBE Goal Contrac tor Total Bi d Items YIN % Goo dland Const.ruction Inc . $ 6 75,0 7 0 .80 y $ 8.9 0 Lawrenc e Construction $ 821,003.00 y s 10.08 L & M Enterprises, Inc. $ 923,844.12 y s 8.00 JCF Bridge & Concrete, Inc $ 790,779.00 y
Edward Kraemer & s ons, Inc. $ 802,881.67 y s 7 .50
Jallsco International Inc. $ 798,940.92 y $ 100.00
A m e ri c an Civil Cons tructo r s, Inc. $ 762,162.00 y $ 6.00
KECI Colorado, Inc. $ 817,93 0 .00 y $ 7.00
Conc rete Express, Inc. $ 863,596.50 y $ 7 .01
New Des ign Cons truction $ 1,386,138.97 y $ 7 .17
• Receipt o f .Add endum #1 Exc epti ons: y y y 'I DBE not calc ulated properly
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H \Gr-lTEA-21 oro,edSIOanmoulh Bndge.&d lab no-..... c us
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0 NCIL COMMUNICATIO Da le: Agenda It em: Subject: Clllot..-., h !INl/1 II c Y ApprO\'al of South Broadway Engle-.vood Bu >on~> Improvement Districl (BID ) Operatini: Plan Jnd proposed 2009 Budget. In itiated 8 : Staff So urce:
outh 811Mtl\\,I\ tnl41~vnod Darren Holhng5\,orth
Ru,1111' , h111>rnH'n1en1 D"trtC.-1 Economic Development Coordmator
OUN IL GOAL A D PREVIOUS COU NCIL ACTION
11y t uun ,I ,1 ppr01 Prl Ordin,,nt~ No. 19, Series of 2006, es tablishing the South Broadway
[11"l,•1"1nd A11,lrw>, lmwm~men t Dl,trl t.
RECOMMENDED ACTION
Appro1 £>, hy motluri, th • Sou th Bro,1dw,w Englewood Business Improvement District OperJ tlng Plan
,ind pr po r!I WOil Budgt•I
In ,1< c orrl,111 t• 1, Ith SI.th• S1 ,11utr•, th l' Sou th Broddwa1• Englewood Busin ess Impr ovemen t Dls trl I
sub111111rd, <m eptt•rnh r I 11, W08, th rr Operating Plan and proposed 2009 Budge! lo the
[ngle11ucKI II) CIPrl. 101 nundl\ ,1ppro,al
(CR. 'I ) I J ~. l 111 "Th,· cfl111k I h,111 hi an operating plan and its proposed budget for th e ne I
fr JI\ !W \\llh th1• < 1,•rk UI 1lw 111u11111paltr,• no later than September 30 of each year. TI,e
nm11,c1p.,h11 ~~111 ,1ppw1t· or Jt .1ppro,l• die operatin plan and budget I\Jlhin 1h1rty days aft r
r <'lfll ot ,ud, UIJN,ll111J! ,~,111 ,111d budg .. 1 ,md JII requested documentation rt'lating thereto, but not
l,11~1 th,111 I) l.'lllllf•r ~ 111 lh1• 11•.11 m \\ht<.h tt<.h documents are filed.I
Fl A CIAL IMPACT
Norw
UST OF ATTACHMENr
Soulh Bro,1d1,,11 I 11Nh•1>1•1d 1!11,111,•" h11prow1111m1 Dislrict (BID) Oper.i lin g Plan a11d proposed
W09 R,td!I 1 .
SOUT .. BROADWAY ENGLEWOOD BUSINESS I MPROVEMENT DISTRICT • 3476 S Broadway Englewood , CO 80113 303 781 IJll2
Board of
Directors
Presi dent
T.ct Vu ii'
T.o•, Ctoi111e"'
34761 S..,.c,,.,_., !01 IJ
303 781 1382
Vice Presid ent
8c9 V:i r,i
,,, Sp11edy pr1,1"T,ng
34601 e. . ., .. ,,eoi13
303 761 4848
Secretary
nc• r.e,..
d, ... IOf let.• c~Th<•·,
l04S s e,.-.+ ... , eo, 13
303 7ol 0560
Treasurer
Boa bJGNtl
aco.,·c ~,: , •..•
34451 a"C,H .... eoq3
303 7'4 1737
Members
9 ,,.,. a hw r
lr•M• O• a, T •
JOE!s 6 n ... ,,eo1•3
303 •:2 1525
Brv"" '•"' e .,,...,.n Taaacco s.i.op
3439 s S,ciH-... ,1 ao 11 l
3031!1 76!2
r,cn-11,J 1,•,t1•Q•"O
r .... c,•, ~ •·c••
3398 s B"H""II !0113
303 762 8385
Pursuant 10 State or Colorado Statutes 31-25-1211. the South Broad11ny Englewood
Business lmpro,emeni District (SBEBID) is forwarding its appro,cd 2009 Budget and
Operating Plan These documents 11ere appro1ed by the SDEBIO Board of Directors
at a mee ting on Wcdncsda~. Sep tember 10 2008 1 here arc no changes 10 the
operating plan for 2009 •
Our n<'" South Brnad.-ay Fngle\\ood Bmtne» lmprti,ement Dimict tS 0IT10 a grand
Stan We have hung colorful banner, along Broad11a} from Hampden to Yale and
ha, e prepared a dtrecte>I) and a coupon book 10 male more people a1, arc of what our
shopping dis111c1 ha, to c-ffer \\'e ,aluc ha,mg an e~cellent relattonship wnh
Engle11ood C-11\ Go,ernmem .\II tlus hdp, e,en merchant \\llhtn the SBfBID
Boundane,
Sincere!)
l e.l \ a\ll,1, r1c,iJc111
South Or»ad1,J1 I ni;lc11,.,,J Bu,on," lmpr,"ement D1,m.:t
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cm, IH t.l) ( Ol'Y OF RESOl.l TI O\' T O ADOPT 2009 BL'DGEl • -<>ITII BRO \D\\ .\ \ r:-G LF.\\ 001) IH SI\ESS l~IPRO\'DIT\E DI TRI CT CO \Jf', \()\\ 1h,: 'ic.:rc1ar. ,,f1hc S..,u1h 13roaJ,,., Enule"ood Busmes, lmpr,,,emem O1s1r1c1 anJ cen;lie, 1hat a1 a meeung of1he Board ofD 1rec1o rs of1he D1m1 c1. held \\'ed~e<.da, 1hc 10"' da) ofSe111eml>er a1 S 00, a1 Acous11c \lusic Re\l,al 3-145 S Broadl\3\ Enylcl\ood. Colorado 1he follo"mg Resoluuon \\a, ad,,p1ed b, 1he at1irm31i,e voie ofa maJlllll~ of1he Board (lf D1rc.:1or, 10-\\il
A RESOLUTIO:V Sl \I\IARIZl\'G RE\'E:-VES A.''D EXPE:-OITLJRES FOR
THE DI STR ICT'S GE:-.ERAL OPERATl;\G Fl':-.'D. ADOPTl\'G A BL'DGET
l~IPOSING SPECIAi ASSESSt.lENTS FOR THE YEAR 2009 TO HELP
DEFRAY THE COSTS OF GOVER.\'~IENT, A.\'D APPROPRIATING SUMS
OF MO:-IEY TO TILE GENERAL FUND TN THE A.\IOUNTS AND FOR THE
PL'Rf-OSES SET FORTH KERfN FOR THE SOUTH BROADWAY
ENGLEWOOD BUSl'NESS IMPROVEMENT DISTR.ICT, CITY OF
ENGLEWOOD, APRAPAHO COUNTY. COLORADO, FOR TH E CALENDAR
YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2009, AND
ENDf'NG ON THE LAST DAY OF DECEMBE R. 2009
WHEREAS, the Board of Direc1 ors of the South Broadway Engle,vood
Business lmpro\'emem Dis1ric1 has au1horized i1s consu han1s 10 prepare and submit
A proposed budge1 to sa id governing body a1 th e propertime and
WHEREAS. 1he proposed budge1 has been submiued to 1he Board of
D1rec1ors of the Dimict for its considera1ion , and
WHEREAS . at an election held on No"ember 7, 2006. the Dimic1 has
Elimma1ed the re\'enue and expenditure limi1a1ions imposed on go-ernmenial
Entities by Anicl e X. Secti on 20 o f the Colorado Cons1i1u11on and Anicle and
Section 29-1-301, CR S , as amended
1"0\\', THEREFORE , BE IT RESOL \ 'E OBY THE BOARD OF
DIRECTORS OF THE SOL'THBROAD\l'AY ENGLEWOOD BUSINESS
l\fPRO\'E~IE;\T DISTRJC'T OF THE CITY OF E;\GLE\\'O0D , .\RAPAHOE
COLl\iY. COLOR.\O0
Sec11un I 2009 Bud get Revenues That the esumated re,enues for the
General fund a~ niol'e spcc1ficall> set Oltt m the budge1 auached hereto are accep1ed
and appro, ed
Section 1 ;Q09 Budget Expenduures That the es1ima1~d
expenduures for 11tc genera l fund as more specificall) set orn in the budge1
Attached hereto are accep1ed and appro\'ed
Sec1io11 J Adoption of8ud~e1 for 2009 Tim 1he budge1 as
sub mitted. and anached hereto and incorpora ted here in by 1his reference and
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1f .1menJcd then J> amenJeJ. is hereb) appro1ed and 1dop1cd a, the hud~c1 oi'1he oulh Bro~J"J) hgle\\ooJ Bu,me,-lmrro1c1 e111 Dmn,1 for .:ale11JJr )elr ~IJ•iQ !:lemon ~ l.l¢s 1una11on ot Enrj1n~la11,t, a, Reser,,;, That Pur.uan110 Const Colo -\nicle X SeC1101110. the December 31, 200<1 e11d111u ftmd balance 10 1he General Fund the exact amount 10 be deter~meJ a, pan of1he aud11 of1he December 31. ~009 financi,11 sta1emen1, 1s drngna1ed as a yeneral reserve for future comingencie,
Section 5 ~~x a~d Fiscal Year SP(ndm11 limits That. be111g
full) informed. the Board find, 1h,1t the foregoing budgc1 does 1101 result in a
violation of an) applicable fisca'. year spend,~g limitation
Section 6 Cenjljca11on Thai the District is n01 authorized 10 levy
any ad valorem propeny taxes , and therefore shall be deemw to cenify a
zero mill lC\y 10 the Board of County Commissioners of Atap.1hoe County,
Colorado, duri ng all years 1hni the Dis1ric1 shall remain in e~i!lence. unless
a lei y of ad 1alorem propen1 taxes for deb1 or general operatin!l purposes
is approved by eligible electors within the District in a future year
Section 7 c\ppropriatjons Thai 1he a1111 <.1n1\ st' fonh as
expendnures and balances remaining. as specificall) l llN:ated in the budget
auachcd hereto. are hereb~ appropriated for the putpo~es m1ed and no
other
SOUTH BROAD \\' A Y ENGLEWOO D BID OPERA TIO'\ BUDGET \\"ORK PROGRA,\I 2009 Rc,enut BID As,essment~ ln1eresL spon,orships O1her lncoire Tot al Expendi t ure~
Marketing
Op11011s mdude
Public Rela1ions
Media
Marketing materia ls
i web site, map, direc tory)
Market research
BID ratepayer communications
(newsleuer, blast fases , email s)
Speci al Eve nt s
S I 00.000.00 S 10,000.00 S I I 0,000.00
$30,000.00
Mai11ie11011 ce & S1,fety $2 1,000.00
Op11011s l 11c/11de
Enhanced sa fety pa irols
Video moni1oring
Communily and busi ness watch programs
Graffiti cleanup
Sidewa lk maintenance, power washing
Sptcitil Projects $44.000.00
Op11011s 11,c/ude
New pole for gateway ranner
Banner rcplacemen1
Signage
Public An
Cosme11c lmprovemeni s/ Grants
Ltgt1VAcco11nti11g S5,000.00
T otal Expendituru SI 00,000.00
Operating Reserve (5%) SS,000 00
Capita l Re serve (5%) SS,000 00
Total Reserves s 10,000 .00
TOTAL. S 110,000.00
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The forego1n[! 1s a trJe and accurate c.:,p) of1hc acuon 1akcn b> the go,erning h..>J) of 1he Sornh Broad"a' Engle"ooJ Busine), lmpro-emen1 Dimic1
(SE A LJ
SOl.iTH BR0-\0\\ AY EJ\GLE\\ 00D
BUSINESS I\IPROYEME:--:T DISTRICT
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Ol"l 11 BR0:\011',\ Y Ei\GLF\1'000 Bl Sl'-'ESS I\IPRO\Dlr:--.r DI:', 1 RICT '.WO•> Bl'DGET ,\l[S .\GI: Dh TRICT SER\ ICES A ~ larkcting. Promouons and Image Enhancement
B
pub lic rela tions 10 project a posi ti, e image of the South Broad"a) corndor
collaborative ad,enising among South Broad"a: businesses
producuon and packaging ofmarkeung matenals includ,ng South Broad\\a) map
directory and webs11e
nev.sle11er a~d other BID commu ni cations
market research & stakeholder sun eys
special e-ents including themed events. h1s1orical e\ents and ongoing e,enis
programming
Enhanced Safety & Maintenance
enhanced safety patrols
more effective communi cation with Cit) of Engle wood police
video monitonng
community and business "arch programs
graffiti clean-u p
sidewalk power "ashing
C Special Projecu
banners
gatCWB)S
signage
public an
cosmetic improvements
other projects as appropriate
BASIS OF ACCOL1'1'l~G
The basis of accounting u1ihzed 1n the preparn11c1n o f the )J09 budget for the Dimic1 1s 1he
cash basis method The 01,tri.:t s 1lN •9 budge1 includes pro,e-ied re\enue, and e,pen<lnures
for 11 s genera l opera1111g fund
I\IPORT FE.\TL'RES OF THE Bl DGET
The 2009 bud!,ltt does 1101 resuh in a \1ola1io11 of nny applicable propel1) tax or fisca l )ea,
spending limi1ations Emergency resenes ha\e ~een pronJed m 2009 (1°o of the D1s1ric1's
fiscal year spending excluding bonded debt ser\ ice )
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G~ne•al OperJ11ng Fund hpenJ,wr,s l'J1d for c,u1 or1hc D1,1r1.i , GenerJI ru, .. t 1he,e e,p~n;e, 111.:lude general adm1111,1ml\e .:0,1>. in,urJ 111:e. proths11111.tl and 01her fee, and 01her nu;cellaneou, co,1, The Db1111:1 curremh doe, no1 an11c,pa1e seekmg 1he appro1al of1he D1>mc1', ele,1..ir, for 1hc nu1hon1J1ion and 1,suance ofan> general obhgallnn d<bl Emergeuc, Fun E,pen.!11ures The emcrgenC) fund ior fiscal year 100-11\1\1 be equal m 3°. of1he Dismci's ti,cJI >ear spending excluding 1hose expend11ures for
bonded deb1 service. spend ing from gifts. federa l funds, colleci io~s from ano1h er
go1emmen1. pension comribu1ions b> employees and pension fund earnings
resef\e 1ransfers or e,pend 11 ures da mage a,-ard;, or propcn y sa les
ANTI CIP ATED PROJ ECTS
The D1m1c1 an11cipa1es work in the areas of marle1ing. mam1enance and safel>
and speci al projec1s 10 incl ude ba nners. gateways. signage. pub lic an and cos me1 1c
improvemcnls wi1hin 1he disiric1 boundaries in 2009
Rl ·.SOL LI Jor,. :-0! I <;I Rll Sm 1tM1, /\RESOll'II ONlt,.SUPl'ORIOI rJll l:N<iU\\Tl<lDC'l 'I IURAI AR I SCl'IIIER WHEREAS. the t 011) of l111glcwcs1d, the l'nglcwood Urba n Rcncw:il Authoruy nnd 1:nglcwood (~ltural An, t'cmcr As,oem tion hove joined m co ll al>ora11on to promc, c the huilding of on Ans ar,J Educm ,on Center for the hcncfit and use oft he Englcwrod comm111111y; :ind
WI IEREAS. the panic., ncknowkdgc thm such an Arts and £:ducnnnn Center will benefit
Englewood by:
Enhancing 1hc qualuy and scope c f Englewood's hfcstyle.
Pro,·idmg a destmanon for c11hu111I cnnchmenl for the communi1y and SUIT'OWKlmg
communities.
Serving 10 le,·erage 1hc soc:tnl and cconom1c vi1.1l11y of the downtown and would be n vual
clement m t~e rcdevclopmem of the South Broadway Corridor.
Enhanci ng and enlargi ng ans rduent ion opportwiities for Englewood children, a key factor
in preparing 1hcm for the crca11vc, innovative and global world they will live m,
Leading to the ercauon of nn °'PntKled fervor for the arts. for eluldren. adults and fonulics.
NOW, THFREFORE. BE rr RESOI VED BY TIIE CITY COUNCIL OF me CII y OF
ENGI.EWOOD. COLORADO. TIIAT;
~-The Cuy Council of thr •II) of Englcwo:xl Colora,;lo. hereby supports 1he
proposal to build the Eni;lewood CUiturai Aru Center on the Acoma parkmi; lot, owned by
EURA.
Scctjon 2. The Cuy Council of the Cuy of Englewood. Colc,rado, hereby supp<lrts the
dC1n11tion <'f tu:tpaycr property in excess of 11 million dollars under the terms nnd linurntions of the
Mcmornndum of Understanding bc1wccn 11ngJcwood Cultural Arts Center /\ssnciMio11 nnd
EURA .
s,-c11nn 3. Und~., the snnK: tcmis n1KI h11111n11rms of the McnK>mndum or Unders1n11d111g
hclwc'Cn Fnglewood Cultural ,\rt; Center As>'Ol:1a11on and EURA, 1.c .. 1erm fundm1 si11g
bc11Cl11narks. proposal for an endo" mcnt fund suffie1cnl 10 run lhc Ccmer. rcplaccmcnt of parkmi:
cum·mly pn" ,dt:d m the pub he p;u ~ml! I,~,. de .. llk! Cuy Cuu11C1I of tilt! City u r Englc"••III .
Colorado. would contnbute 1114.sc fu111l, m the "LaiKI Bank Account" t~ I '17,SOO) fo, the
u,c 111 c onslructmi: the Eni:k"''"" Cuhuml Arts C"1llcr. ;JM-~
ADOPTEO AND /ll'l'RO\'EO 1h1s 6th day nf()c1olx:r. 200N .
.l ames K . Woodwnrd, Mny,,r
I. Loucn,lua A Fili,. Cuy Clcn.. for the Cny of Englewood. Col<,rado. hereh) ccn,fy tht above 1s a true oopy or Rc,oluuon No . __ • Scncs or20os Loucrishia A. Elhs, C11y Clerk
KLSIII \1110' O Sl·RII .S OJ 1t K> \\ llfREA • 1111: C:11~ or 1,n!_!lcwood. the l:nglcwood Um: n Renewal Authont~ and F111ctlc w11,>d '1.llllllil n, l&ulsu\' · ha\'c J01nc:d ,n •-ol!Dhorauon 10 pn111><~c the bu1ldmit nr nn n and Edu c, 11011 Ccnlcr for the bcnclit and use or the E11glewoodcnmmu1111y •. md
\\11EREA . the paltlcs acknowledge that such an Ans and Educauon Center 11111 hcncfit
ni;lcwood h •
Enhnncmg the qualuy and scope or Englewood·s 1ires1ylc.
Provuhng a desuna1ion for culturnl enrichment for the communuy and surround ing
communuics .
Scr"i ng to leverage the social and economic vuality of1he dowmown nnd would be o vuo l
elcmc 111 m 1hc redcvclopmen1 of the South Broa dwa y Corridor.
£:n honc ing and enlarging orts c-d ucm ion opportunities for Englew ood children, a key factor
in preparing them fo r lhc crentive, in novati ve and global world they will live in.
Lending 10 the crea tion of an ex panded fervor for lhe arts, for children, adults and families ,
NOW. 11-lEREFORE. Be IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
E LEWOOD. COLORAD0.11-!AT:
~. The C11y Cou ncil of the City of Englewood. Colorado, hereby suppons lhe
proposal to build lhc • , Cultural Arts Center on 1hc Acoma flllrking lots owned by
EURA
~ The Cuy Council of1hc Ci1y of Englewood. Colorado. hereby uppons lhc
don:mon of taxpayer propcny m excess of a million dollars under the terms and hm11011on, of the
Memomndum of Under..tandmg between Englewood~ Ans Ccn1crAs:.gcia1ton and
EURA
o ndcr lhc same tcnns and linutallons or the Memorandum ofUnd<-rstandrng
bcl" ccn E11glcwo<1d _ Ans n and EURA. 1.e .• tcnn tundm1sing
bcnchm,1rl.>, propo al for an ettdo" ment fund sufficient 10 run the Center. rcplttccmenl of parlmg
cum:nll)• pmndcd rn the pubhc parking lot . c1c .. The City Council or 1hc Cny of l:ngk1tood .
Col11rado. would co111ributc 1h= funds in the "Land Bank Account" (cum:nlly $197,500) for the
u c III cort,1ru,1 111g the Englewood ultural 1\ns Ccntc1.
ALXlP rED A O APPKOVE D this 6th day of tober, JOO .
A'!TEST :
James K. Woodwnrd. Mn yor
--1.oucrlshw A. Elli s, Cily Clcrl
I. l .....:n h1a A Elhs. CII) Clerk for the n. of Englewood. Col~r:tdo. hereb) ccnif> the ab<>,c 1s a true copy nfRcsolut,on o. __ • enes of200 Loo.:nshia A. Ohs, C11y Cler~
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RESOLUTION NO. SERIES OI-JCMIS A RESOLUTION IN SUl'PORT OF Tiff ENOUWOOD ARTS CENTER . WHl:R.~.AS. theC'II) ofl,nglcwood. the lni;lc\\ood Urban Renewal Authomi and l:ngh:wood Ans have JOllled Ill collaborauon to promote the bu11dm~ of an An, and Educauon Ccnlcr for 1hc benefit and useoflhc Englewood co111mw111y; ond
WHEREAS, the panics acknowledge th t such nn Ans and l,ducntion C~a11cr will bcncol
Englewood by:
Enhancing the quality and ofEnglcuood's lifestyle.
Providing n dc.s1ina1ion for hural enrichment for the communily ru1d surrounding
communities. ~
Serving to leverage the .L ,al mic vitati1y of the do\\11to"11 nod 11,'0Uld be a vital
eleme111 ,n the rcdcvcloii;en of th outh Broadway Comdor.
l..cadmg to the creation of an e
nities for Englewood children, a key foetor
global world they will hvc in.
for the :trts, for children, adults and fanuhcs.
NOW, THEREFORE, HI:: IT RESOLVED 'Tl!Ecn·v COUNC IL OF ll!ECITY OF
ENGLEWOOD. COLORADO, THAT:
sccoon I Ille cuy Council or the cuy or · glcwood. Colomdo, hereby supportsthc
proposal to build the Cuhural Arts Ccn1cr on the Acoma parking lots owned by EURA.
~ The City Council of the Ci1y of Englewood, Colorndo, hereby supports the
donation of ttL,payer property in e~eess of n million dollars under the temis and limitations of the
Memorandum ofUnd~TStandmg between Englewood Ans and HUR.A
~-Under the same lcrrns and l111111ntions of the Memomndwn of Undmtandmg
hetwecn Englewood Arts nnd EURA, 1.c., tcm1 fundrnising benchmarks, propos,1 1 for 1,n
endowment fund sufficiclll 10 run the Center. rcplnccmcnl ol'p11rking currcn1ly 1m1vidcd in the
pubhc park1111t loLS, etc.. n,c Cuy Council of the City of Englewood. Colorndo, "ould contnbutc
those funds m the "land Dan~ Account" (cum:ntl) $197.500) for the use in co1wruct111g the
Englewood ( ultuml Ans Center.
1\001'1'1:D ANU APPROVED this 6th day ofOctobcr, 2008.
ATil:Sl
Jmncs K, Woodward, Mayor
l.ou cnsh10 A. ·m,. C'1l) Clerk
12 a i