HomeMy WebLinkAbout2008-11-03 (Regular) Meeting Agenda Packet•
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Agenda fo r the Regul;u Meeting of the En glewood City Council Monday, November 3, 2008 7:30 pm Englewood Civic Center -Council Chambers
1000 Englewood Parkv,ay
Englewood, CO 80110
1. Call to Order.
2. Invocation
3. Pledge of Allegiance.
4. Roll Call .
5. Consideration c i Minutes of Pre\'iOUs Session.
a. Minutes from the Regular Coty Councol Meeting of October 20, 2008.
6. Recognition of Scheduled Public Comment. (Please limit yo ur presentation to ten minutes.)
a. Prbentation to Englewood Police Citizen Academy Graduates.
b. Gregg MIii er will be presen t to discuss the potent ial impacts resulting from the
conditional use permit recen tl y granted by the Planning and Zoning Commission for a
wast~ transfer sta tion ,ear Harvard Avenue and Raritan .
c. Kathleen McGowan will b4' present to address City Counal regarding Council Bill No.
65.
7 Recognition of Unscheduled Public Comment (Please limit your presentation to five
minutes. Time for unscheduled public comment may be limited to 45 minutes, and If
limited, shat! be continued to General D,,cussion.)
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Engle\,ood Cit\ Counnt Agflnri., ,o\ ~mbtaf 1 2008 P•ge -__ /f/M7}t) • 9. Consent Agenda Items. ,;J_~ ____ _ Appro,al of Ordinances on First Reading. CJ H-AJr ll-{$ £/J J) A-'ti... 9(// ti i /"I-IV 9,_-' Co~-Recommendation from the Fina nce andidinl'nistrative e.. I Services Department 10 adopt a bill for an ordinance approving the addition of a section to Tide 4, Chapter 4 of the Englewood Municipal Code regarding
Officers of Corporations, Members of Partnerships, Limited Liability Companies.
STAFF SOURCE: Frank Gryglewlcz, Director o( Finance and Administrative
Services.
ii. Council BrU No ZS -Recommendation from the Utilities Department and the
Litdeton/Engfewood Wastewater Treatment Plant to adopt a bill fur an
ordinance ap proving th e renewal of an Inte rgovernmen tal Agreement for Joint
Funding between the City of Englewood and the U.S. Geologica l Survey for two
gauging stations and one monitoring station and to authorize the City Manager
to execute the agreement and further extend the agreement for five additional
one year periods. STAFF SOURCE: Stewart H. Fonda, Director of Utilities.
ill. Counci l BIii No. 76 -Re... ,mendation from the Fin ance and Administrative
-se"rvlces Department to adopt a bill for an ordinance deleting the current
language in Tide 4, Chapter 4, Section 16 of the Englewood Municipal Code and
add ing new language regardim1 mailing of notlm. STAFF SOURCE; frank •
Gryglewicz, Director of finance and Admini strative Servlce5.
iv. Council em No Z7 -Recommendation from the FlndllCe and Administrative
-Services Department to adopt a bill for an ordinance approving the addition of
language to Titl e 4, Chapter 4 of the Englewood Municipal Code rega rding the
remittance of tax when relying on electronic databases r Uf SOURCE: Frank
Grygl~cz, Director of finance and Administr.1tive Serilcts.
b, Approval of Ordinances on Second Reading.
c. Resolutions and Motions.
Recommer,dation from the Finance and Administrative SefVices Department to
approve a resolution authorizing changes and updates to the City's investment
policy, STAFF SOURCE: Frank Cryglewicz, Director of Finan ce and
Administrative Services.
I 0. Pubii~ Hearing Items.
a. Public Heanng to gather Input on Council Bill No. 69, amending the Unified
Development Code pertaining 10 flags in the South Broadway Business Improvement
District
PIHse no•,• If ~ou h.t\, a d1saod11) ;md 11eed au,11i.1ry .aids or ser\-ke,, plP,l\E" nobly 1ht C1ry of (ng~ood
f303•?62·240S\ ,'It ltllSI 48 hour,; In i11d't',mce of 1,hen SCr\~ces are needed
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Engle"ood Orv Cour,dl Agenda 1'.o, ~mber 3 2008 P•s• 3 11 . Ordinances, Resolutions "~d Motions a. Approval of Ordinar,ces on First Reading.
b.
C.
i. Council Hi!I No za Recommendation irom the Utility Department to adopt a -siiifor an ordinance authorizing a sewer rate increase. STAFF SOURCE:
Stewart H. Fonda, Utilities Directo r. ____ ~~ ____ _
Approval of Ordinances on Second Reading.
Ii.
iii.
Councn Bill No. 57, approving lhe 2008 Mill Levi for collection on 2009,...----lli,laJ ).w, __
Council Bill No. 65, a uthorizing an ame nd ment to Ti de 16: Unified Development
Code establishln~ an exception to the minim um lot width and a1ea.r~qyiremenl!
for subdivision of properties In all R· 1 zone districts. -/,M?Wf ~~---
Council Bill No. 73, amending the Englewood Municipal Code pertaining to
Concre te Uti li ty lees. ~
,;?""--Resolutions and Motions. --------
ii.
iii.
Recommendation from the Department of Finance and Administrative Services
Department to apprnve a resolution authorizing a supplemental appropriation
from the Lan dscape and Fine Arts Fund for lighting Imp rovements, concrete and
electrical repairs and holiday decorations. STAFF SOUR CE: Fra nk Crygl ewicz,
Director of Finance and Administrative Services. _____ hLJrJ.d
Recommendation from the Utility Department to approve a resol~~~ ----
authorizing a water rate increase. STAFF SOURCE: Stewart 11. Fonda, Ut ilities
Dlreclor. ------4«hd ,;J..M-----
Recommendatlon from the Public Works Department to approve a resolution
authorizing a concrete utility fee lnaease. STAFF SOU RCE: _Da~e ~•9derson,
Engineering/Capita l Projecls Ad n1inistralo'::..---,1tll~
,?.rd ____ _
12. General Discussion.
a. Mayor's Choice.
b. Council Members' Choice.
, 3. Oty Manager's Report
Pie.,.. nooe. If \OU h•,e • disabiul'( ;nd nffd au,illal) ~ds or ~"k.._ plea1• ""h~ 1'• Cir, 0 1 tngi.,.,ood
1303-762-~·IOSI at INst 48 hours 1n 11dv11nce of when Ul\liCt!S are needed,
rngJewood Cit', Council A.ge11d,t No\embrt ), :006 PJ~e 4 14. Cil\ Attornei 's Report. 15. AdJournment.
The following minutes were transmitted to City Council In October, 2008.
• All iance for Commerce In Englewood Commi ttee meetin g of September 11, 2008.
• Board of Adjustment and Appeals meeting of September 10, 2008.
• Cultural Arts Commission meeting of Sep tember 3, 2008.
• Public Library meeting of September 9, 2008.
• Liquor licensing Authority meeting of August 20 and telephone poll o( September 17, 2008.
• Parks and Recreati on Commission mee ti ng of September 1 t, 2008.
• Planning and Zoning Commi$SIOn meeting of September 16 and October 7, 2008.
• Tra nsporta tion Advisory Commi ttee meet ing of September 11, 2008.
• Urban Renewal Authority meeting of October 8, 2008.
Pie..,. not .. If'°'' h.t>e • di,.,bil,~ .and l1ffd ..,_,,~ry 11ds °' ..,..ic~ pleas, noto')· lh• Cit( of Engle» ood
130J-762-240!i\ ttl lc11st 46 hours In idvance of \,·ht.1' sl•rvlcet are nPtded
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Call to Order
ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY , COLORADO Regular Session October 20 , 2008
The regular meeting ol the Englewr'ld Crty Council was called to order oy Mayor Woodward at 7:45 pm
2 Invocation
The invocatron was given by Council Member McCaslrn .
~ Pledge ol Allegiance
T,:~ Pk~ge of Alleg iance was led by Council Memb er Mccaslin
4. Ro ll Ca ll
Present .
Absent:
A quorum was present
Council Members Jefferson , Moore , Penn, Oakley, Mccaslin, Wi lson,
Woodward
Non e
Also present. City Manage r Sears
City Attorney Brotzman
Deputy City Manager Flaherty
Crty Clerk Elbs
Orrector Gryglewicz. Finance and Admrn 1strabve Servloes
Orrector Fonda, Ublrties
Oirec:or Kallm , Public Wort<s
Otrector White. Community Development
Senior Planner Langon, Community Oevelt'pment
C· 'l'atlons Div sion Manager Tallent, Wastewater Treatment Plant
Con .mander Sanchez, Police Department
Englneerrng Technician 1 Dye, Publ,c Wons
5 Consfdorallon of Minute, of Previous Session
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(a) COUNCIL MEMBER PENN MOVED , AND COUNCIL MEMBER McCASLIN SECONDED , TO
APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETI NG OF OCTOBER 6, 2008 .
Mayor Woodward asked If there were any corrections or rev
Vote results :
r here were none .
Ayes
Nay s
Council Members Penn , Mccasli n, Moore , Woodward , Jefferson,
Wilson , Oakley
None
Mot io n earned .
6 Recognition of Schodulod Public Comment
(a) Ashl~y Folsom , the P1rateer Business Manager , said Journalism Is an academic clas s Pr oducing
the school newspaper Class time Is de,·~ted 10 production of the school newspaper and all the aspect s from
Englewood City Council October 20. 2008 Page 2 reporting to photography 10 des,gn and layOU1 10 editing The Plfateer Is completely s tudent directed and student produced The ne.vspaper IS pub11'ihed seven t.mes a year and whrle most of the WQlc IS accompi,shed dumg class time. one final proofing session. per issue runs from 3 15 untol lhe issue rs fully completed and proofread On average the students remain at school unbl around 9 pm Because keen minds funcbon best ..tien lhey are well feed, 4 has become a tradruon 10 stop the produaion process at around 5 30 pm rn Ofder to refill both mind and body and students en,oy shanng a family,style dinner For the last two years th is has been
mostly a poUUClc d1nner Previou~•,. we have ordered paza but when annual lab came 0111, twas roughly
$600 00 or mo,e We deaded to try potlucks. wtuch has been less expensive. but not alWays a reliable food
choJce Any assistance that you could provide for us one or more meals wilt be grea Uy appreciated Brenda
Folsom sa,d we were aslung for S200 00
Mayor Woodward said lyp,caUy at this tune. we do not respond This IS an Opportunity to talk diredly lo Counc(
but usually at the end of the meeting undet Counot Members Cho,ce, add1ess requests or any po ints that were
made
Vanous Council Members said thank you
(b) Jennifer Stephenson said I am a senior at EngM!wood High School Kelli Mowrey said I am also
a senior at Englewood High School. Ms Stephenson said we are part of the AP Spanosh class at Englewood
H,gh and AP stands for Advanced Placement A.II AP classes include ngorous academic work that is equal to a
third semester 1n college II we pass the AP exam in May, we will get dual credit for our WOik th,s year Ms
Mowrey said ,n preparanon for lhe AP exam ln May, we are plann ing a trip to Costa Rica rn order to solodofy our
knowledge and prove our skills and listening and speaking and our confidence In our language skills and to gain
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an understanding of another culture first hand Ms Stephenson said what she is talking about IS bas,c:ally jllSt •
an nmerary ol what we will be do,ng ,n Costa Rea So, our lrip consists of a home stay, In which we •Mff be
staying with a native family arid we wlH have home cooked meals and we W1I be submerged in the culture col
Costa R,ca We w,11 have school every morning arid in lhe aftennoon we will be haV1n9 a lesson such as surfing
Lalin dancing, such as the salsa and also cook,ng classes Then one day of our stay Is devoted lo a service
pro,ea And then another day wll be devoted to a rain forest excurs,,on and a tour While we are rn school, we
will have the opportunity to talk With Costa RICilfl students col our same age tha t are learning English so that we
can practice our Spanish skills whrle they pracbce thew Engksh skils The most 11npottat11 point col our tr., IS that
K IS not a tour group It IS a language lntenSNe submersion program Ms Mowrey said the only problem that we
have had in planning this tnp 1s that each student needs to flllse 52,800 00 '° order to do this The money
rncules al meals. room and board and al of our claSs ree:, and a1rlme bckets And the money has 10 be '° by
December 19"', so we need hel;> We have done some :~ndraoseis. such as bake sales, drawings ano we are
begnning a Silent aUGl,On, but we aren1 making the krnd of money lhal we need ,n order to give d lo tlllS
program on deadline lasl year we tned to go to Spa,n arid we tried this same kind o f trip, but we couldn't raise
the money 1n hme so this I~ our second chance and "'e are toming to ask you for some help She said d you
have any quesbOns we would be glad 10 field those They each said thank you
Mayor Woodward sad thank you
Coone,! Member McCasl1n said can I aslt you a qua quesbOn? How many students are molved lfl plamrng 10
go? Can you gJVe me an Idea Ms Mowrey said SIX students and our Spanish teacher Ms. Slephenson said
however, the money ,s gOlng to be an importmt rssue So. I mean. not aD soc col us may end up gorng Mr
McCasin sad o4<ay !hank you Both gor1s sad thank you
(C) Mr NOtWOOCI Mcfa<1and, an Englewood residenl said I am malong a complalnl against the two
officers ~ happened ove< two weeks ago by my place A man and another lady that lived down about a clock
and a half from ""Y mothers ~ace and I don't know whats gorng on rn lh1s ne,ghborhood down here. but I've
been IMng here Mh my rnolhef lor 16 years But the problem, when t walk up thal road. she started hollemg al •
rne and told me that I was on het property butt was nO! on het prope11y because she had a hlll, Is W<e that and I
have a nghl to walk on that sidewalk tt belongs to the C,ty of Englewood But I don't lcnow what was wiong
When I got 10 my house that day, then I went on home and gol my things ready , and here comes the two
o fficers to my house And she started hollering al me and slarled screamrng at my mOlhef My molhef did not
kno,N \\tlat was go,ng on OU1 lhete from the beg,nrnng She WC'Uld ot even let my mother speak lo her She
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Englewood City Council October 20, 200B Pago 3 started screaming al my mother and started hollering at me I don I even have the officers name. but I did make a complaint against the Sergeant When I went to the Police Stahon over a week ago and he made a report, but t did not get any mforma11on from him at an But we are hopmg to do s<:>meth1ng abOut these two officers and get the Chier or Police to do his JOb right And I do not know the Chief or Police, but I have t~e nghl 10 get my stuff out of my garage and walk up that road withOut having any problem on that street I did have a another trouble before. over a year ago by another lady that lrved In that one comer III another house But I don't know. t
can't even explain to you But I have a problem with my cond1t10n, my seizures, and I have to be careful And ,
that Is what the officers told me, not to walk III the middle of the street 01 com,ng up here. I have a right to walk
on that sidewalk 10 come home from my 10b. And, I am not bothenng anybody 1n that neighborhood, but I hope
to gel my mother moved out of that place and get that house up for sale somehme We do not know when she
1s going to want to get out of there , but ,r r.he wants to stay there, that IS up to her to llve here But th,s letter
here, I want you to read this and the re are some ... maybe that I didn't get the words nghl in here, but you can
read It and see what you can do and now you guys can straighten this out r01 me I would be very happy about
the City Council, including the Mayor, to do the Job and I would not have to solve lh1s problem and running back
and forth down here and coming lo the Police Department every day. I did, but I did not get the information from
the off1CP.r yet . and that was last week So, I gave them my telephone number and my address and everything
~ut I don't know what to say any more. Thi~ has been going on for awhile in that neighborhood down there and
including a 'IOlher guy that lrves across the street from that woman, that causes trouble with me once In , while
I Just cannc,t explain the people nght in the neighborhood here And, I cannot even talk to the officer at your
station over there. But , we are hoping to get better officers in this City or Englewoo:l and do their ]ob right and
l~lk to the ptople r,ghl not causing the problem in this neighborhood So, with this letter I made last night so I
cJuld 011r,,i 11 in to<!ay and give 1t to you guys and whoever the City Council can vote for th,s year, and get the
right people on your JoL here BuL I don't know what else to tell you , but I am tryi ng to be honest with you
people and I have my )Ob to do too In the day time instead of having to run around with the Police Department
every day Bul they told met was on her property and I am not trespassing on her property. She has a hill with
no sidewalk on It and I wish one of the officers go by and have a picture taken and give it to yoo guys the next
time and you can lake It to your meeting, nex1 Monday. So, we can prove who that woman is I do not see her
in that house all the time do not see her out In the yard Her car Is parked on the side once In awhile, but she
Is not at that house every day and I don1 even care what she looks like I don't even talk to the pe,son
thert< that lives In th at hOuse. So, I would appreciate 11, 1f you would . you, the City Council.. meet with you
and tile Mayo, together to do the,r job and find out what happened two weeks ago This happened this Is what
my letter 1s aboul that I prepared for you last n,ght...to grve to you guys If you could talk to the Chief of Po4ice
and talk to that woman .. why she hollered at my mother My mother tried to speak to her. she would not even
let my mother speak to that woman there And, she slatted =amu,g there was another officer standing next
to me, he started laugh ing et me. Those officers should be ta, n off that Job and look for a different new
job anJ I do.i't care What 11 lc.oks like I tried to be honest with those olficers, but you cannot talk to anybody in
this ne,ghbOlhood and I have a run around with these people every ttrne coming back and forth and t don't have
bme to come back and forth on these buses. I have to take the bus to come ove r here and I live on Vallejo
Street and you got your offoce over here, only about a mile and a hall from your house to get over to you guys
So, If you want this letter, I will g,ve 1t to you
Mayor Woodward said yes, would you please give 11 to the City Clerk And thank you
7 Recogni.,an of Unscheduled Pu blic Comment
(a) Nancy Peterson said I am beanng gifts tonight I had the prrvllege 01 S'" .. , lhrov1h big boxes ol
p,clu:es. h,stoncat poctures from several years of projects that were dOne here in the -~,gnlng
terror on the City There was laughter. One of those was back on March 24, 1995 a, . nd I was
WISh1ng that Jerrell Black was here, because he was one or the mugs that was on hem, ~"t · ~ • at Jeff
Sanchez will remember this and I am sure that Rock ,s going to remember a Tom for s,,re rem.,: ... ~·-. it... Tom
Burns But, the police oflrcers In the City of Englewood did a swat raid on City Hall Fra~•. you remember, do
you remember Frank being arrested here al City Hall? She said yes, you do, but he 1s embarrassed now, but ne
does remember I have a letter and some great pictures Tom Munds . you were here taking all !hos-plciures,
remember taking pictures? Swat raid on City Hall He was here taking pictures I've got a letter here from IM
Ame11can Cancer Society say,ng, on Iha! part1CUlar date. we raised a whoppu,g S2 1.~6 :g and at that bme I
wa s going to cat: them and see ,r that was a record at that time I was going to call and see If that rer ord had
Englewood City Council October 20, 2008 Page 4 been broken But you know, In reured llfe you don t have any time, so don t ever retire because you don't have any time But I wanted to see 1f that record had broken for a single day event Anyway, I brought this letter, I brought the pictures here Is Al Slanley Doug Clark and alt these wondeoful people all handcuffed Jerrell Black and Frank being hauled off ,n paddy wagons with the swat team In tow So I thought you know, I dldn'I want this to go tnto the 1tash I thought It needed lo come here And also. it ha:; "'~ name on ij bul d has to do with the Coty of Englewood, I just was the lnsbgator Thal was that reign or terror that I was talking about So,
here ,t Is, I'm bnngIng It here And then , Gary Scars Isn't getting away with anything I can tell you back 10
years ago or however long 11 was, he sl~I had the same color hair as he does now so he can't blame h,s color
on the Cory There was laughter Here are some plCIUres of Gary standing on a table helpu,g With the
Chnstmas bUlfet and 1 1 also os Gary In a race car getbng ready to race away So, I have some pictures for
you too Gary He said ik you She said In getting ready to come down here I left a bunch of pictures at
home II doesn't seem , i I did because when I was com,ng In here I was buned_ So, I need to get a bunch
more pictures down here And I've got p,ctures of the Mayor dancing in the m.ddle of the street I've got
pietures or us ,n the middle of Broadway for Nabonal Noghl Out w,,h McGNff domg alt kinds of pro1ec1s There
were so many wondeoful pictures that there was just no way that I cou ld see those going into !he trash Whal I
call this Is "Rememoer When". I just wenl through and you know, for Commander Sanchez ... I was going to call
hom Sergeant Commander Sanchez, his haJr really has changed color since then ... and I have proof on the
pudding over here H,s defindely has really changed color a lot so I have plctures ... Buddy ... over here ror you
I have , In fact. a whole box of pictures If I can get you to take this back and you might help me with the names
too, because I might have messed up on their names And I have a whole ento 1 box of pictures for Fore. 1 don't
see anybody Iron, Flre here and I know they have the~ anniversary coming up and they am looking for
historical pidures, so of you could lake care of !hat for me too And Rtck. I told Ladd I had a bunch of p,ctures fOf
h,m here and I seem to have lost !hem between home and here. so ten him I will give !hem to tum .. I haven't
forgotten him,
Mayor Woodward said that w1II give you a reason to oome back Nancy and show mo. a of your photos
Nancy sa,d I had them, but I just don't know what the heck I did with them Anyway, I'll hand these over to
Frank so he gets to look at them first, since he def1n1tely was one of !hose people_ I am poing to give these to
you d I can come up there, Gary He said sure
(b) Torn Bums said Nancy caned me this morning and asked me to come dow', with her and I've
always referred to he r as the wondertul Nancy Peterson. tn my 7 years as Mayor, I mosseo one Neighborhood
Watch meeting, as I was out of town I was !here all the time so Nancy and I got pretty close She did a
wonderful job She had one of !he bes1 Neighborhood Watch outf4s. as \'OU know, on the State a~d In the
NabOn She has got awards from all over the place for her wol1< It os wonderful to see her again and I'm sooy
she had to retire, but she Is Just a terrific lady So she has given me a bunch of plcrures and !his one I
especially hke, here Is Nancy with a stu ffed dog, McGruff, the dog holding an umbrella which is yellow and has a
duck's bob on !he front of ,t and a couple o! ducil eyes It ls a very dist1ngu1shed picture or !he Mayor Mr Bums
said there are a lot of wonderful p,ctures here but ot os good to se,, everybody and I'm glad to come down and
honor this lady toke '.llos Thank you
Mayor Woodward said thank you Tom and Nancy He said for you who don't know, N ancy was our 2007 Citizen
ol the Year and had wol1<ed for !he C11y for many years and headed up the Neighborhood Watch Program a
very successful one one of !he most successful In !he Nation So. thank you
Nancy said It was my privilege and I really enjoyed It There was applause She said I will be back wilh more
pctures
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(c) Joyce Pa:sons said I am also a rebred employee with the Coty and I would like to address !he
Counci l and ask that you may conside r exl~ndIng the same bunef,!s to reti red employees that we had as •
employees for use of the Rec Center, Golf Course and Malley Center We lose all those benefits when we
retJre and 11 would be nice to par1ake of the Goll Course, the Rec Center. the pool. !he Malley Center and au !he
rest of ,1 Of course, when we re~re we could go 10 the Malley Center And that 1s my only request
Vanous Counc,I Membeos said thanks , Joyce
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Englewood City Council Oclober 20, 2008 Page 5 (d ) Ma,thew Crabtree, an Englewood resident said JUSI a real quick th,"g regarding all the meetings aga,n I would hke to presenl well I would like 10 respond to Councll Member John Moore's commenls from the last meeting I obviously had a presentation about this before you guys last time and I would like to respond again In response to John Moore's comm ents during Council Members Choice II ,s Just a simple clanfocat10n. I guess, bul I would like to stale lhat your comments that you made, that I believe were
along the Imes or, ,f you dec,de to vote dunng the Sludy Session, you have that nght If you dec,de to vole
there Council Chambers you said something along those Imes A!1yway I Just wanted to make ,t clear make
11 understood thal obv,ously Counc,I Chambers ,s legally the only place that votes can be taking place nght now
1n the Crty, not dunng the Study Sess,on, because there ,s no formal rec0fd rema1n1ng But, with thal said Mr
John Moore, I would like lo commend you though for a comment made dunng Study Session. actuany be1119 lhe
last Study Sess,on last Monday you dtd actually follow everyth1119 to the tee I was very Impressed Actually I
was happy thal you clanfied the oonsensus deCtSJOns separating I/lat from vote, making sure that there was a
process 1n place and understanding the process. or making sure that everybody underslood the process, that no
voles were made ,n lhere You don1 have to look over at me e,ery time you do lhat but I am happy actually
that you are doing that and hope you keep It up As you m,ght know, I am recording this meeting I've recorded
Study Sess10ns for the last rew times actually the lasl few Council Meetings also, bul I Just hope we stay with
decisions and votes being madt ,n Council Chambers Keep the decisions away from Study Sess10ns . I would
like lo throw a comment interestingly enough dunng lhe last Council meeling !here was an issue with the
recording system Part of the meeting, I guess it got lost and ironically I was recording the meeting al lhe time
and I 1ust wanted to let you guys know that there ,s a side benefit to me recording these meetings I was able to
prov10e Lou Ellis a copy of my recording and she was able to supplement the notes or the actual meeting and I
did It gracefully , I had no problems w,th ii providing that to her. I came down during lunch al work and gave her
the CO I would enjoy doing that aga,n Obv10Usly we are recording our group Englewood Citizens for Open
Govemmcnt IS recording these meetings on the benefit of hav,ng a rec0fd of the meetings as the c,1y does not
wanl 10 keep the recordings past one yeilf So, we are WOJkng towafds putting these on our website,
englewoodcil12ens o,g and have It avallabll' to the public I really hope the City eventually lneS lo do this with
their own record.,gs and gel nd of the one year timeframe that the recordings are kept and pul the a,form;;IJOO
on the 1n1emet hke the other cioes There are many other Cities 1n the Denver metro area that have kine! of gone
into the 21• cenlury here and they have these meellngs available to the public for an unhm,ted bme reood on
lhe internet Now one lasl thing, the cost of the CO's If I go and gel an Open Records Request for a meeting,
lhe pnces for that rank anywhere from $5 00, $50 00 or $100.00 I mean, on a cost to get a copy of these
meetings 1s really great Now, very graciously, thank you very much lo• this. but I was also provided SS.00 to
ECOG for the copy of the recording and we are very, very thankful for that Bui, please no offense taken lo this
but as we talked to the group, we believe that all lnformal1on shou ld be free This 1nformat10n should al ready be
available to the public So, I would like lo be able lo give this money th,s $5 00 . , even though 11 Is 1us1 S5 00, It
,s 1ust the fact that I was w!lhng lo give lhls Information free to the c,ty I would hope that ,n the future, the C!ly
would be w1l1Ln9 lo give that 1nformat1on free to the public So, I would like to actually give the $5 00 back. d
!here 1s any avenue lo do so. I am not sure how 10 do 1h15, as a dona110n or 11 It has to be whal ,er but I
don't want to screw up Frank's budget If you could let me know 11 there 1s anyway that I can g1Ve this back to
the City Again, we would like lo see that these recordings are free to the public Oh, one last thing actuallv, 11
would be nice actually l'O be real qulCI< and I'm probably running out of bme ,f n 1s not an opllOn lo put these
things on the Dllernet 'he rec0fdings from the City, mafbe put a copy of 11 ,n the Library A CO doesn I take up
much space down ther• and would save Lou Ellis and he, sL'lff a lot of hme. d that informahon was at the litxary
for people who are cunous Agarn thank you Lou Elhs you do an excellt-nt Job and thank you an
Mayor Woodward said thank you
8 Communications, Proclamations and Appointments
(a) A leller from Nicolo Kelley onnounc,ng her resignal/on lrom lho Koop E11g1ewood Beau1,ru1
Commission was considered
COUNCIL MEMBER McCA SLIN MOVED, AND COUNCIL M EMBER WILSON SECONDED, TO ACCEPT
THE RESIGNATION OF NICOLE KELLEY FROM THE KEEP ENGLEWOOD BEAUTIFUL COMMISSION.
Ayes Council Members Penn McCasl,n Moore. Woodward Jellerson
Englewood Clly Council October 20, 2008 Pago 6 Nays Motion earned W1ls-.1, Oakley Ncne (b) A Proclamation declaring the week or Oclober 19 through 25. 2008 as Naliona l Save for Retirement Week was considered
COUNCIL MEMBER OAKLEY MOVED, AND COUNCIL MEMBER MOORE SECONDED, TO APPROVE A
PROCLAMATION DECL~RING THE WEEK OF OCTOBER 19 THROUGH 25, 2008 AS NATIONAL SAVE
FOR RETIREMENT WEEK.
Mayor Wooc!watd said this being. specifically, a hard bme to be savvig for retirement over the last monlh (!here
was laughter). t do want lo read just a pall of the Nauonat Save for Rebrement Week Information lhal we have
Nabonal Save for Rebremem Week Is lhe first congress1011aly endorsed National event that lormatty calls on
employers to promote the benefits or saving ror retirement and encourag,ng their employees to take run
advantage of employer sponsored plans In past year~. both the U S. Senate and House of Representalrves
have approved resolutions design•"ng Na tional Save for Retirement Week, the third week In Octo!>er.
Mayor Woodward asked if there was any further discussion, The re was none
Vole results:
Motion camed
Ayes·
Na ys
Council Members Penn. McCaslln , Moore. Woodward, Jefferson.
Wilson . Oakley
None
MaY()f Woodward said accepbng our Proclamabon tonight 1$ Frank Gryglewlcz who IS our O•ed0< of Finance f0<
lhe City or Englewood
9 Consent Agenda
(a) Approval of Ordinances on F~st Reading
There were no add1t10nal ,tems submitted for approval on first reading. (See Agenda Item 11 )
COUNC IL MEMBER MOORE MOVED, AND COUNCIL MEMBER PE NN SECONDED, TO APPROVE
CONSENT AGENDA ITEMS 9 (b) (I), (ii), (Ill) and (Iv), 9 (c) (I) and (Ii).
(b) Approval of Ordinances on Second Reading
(1) ORDINANCE NO 57 SERIES OF ~oos (COUNCIL BILL NO 68, INTRODUCED BY
COUNCIL MEMBER MOORE )
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL GRANT AGh. c MENT 9E1WEEN THE CITY
OF ENGLEWOOD. COLORADO. ANO ARAPAHOE COUNTY. COLORADO ~ OR 2008 OPEN SPACE GRANT
FOR THE PLAITT RIVER BIKE/PEDESTRIAN BRIDGES PROJECT
(11 ) ORDI NAN CE NO 58, SERIES OF 2008 (COUNCIL BI LL NO 70, INTRODUCED BY
COUNCIL MEMBER PENN)
AN ORDINANCE EXTENDI NG AND AUTHOR IZI NG THE EXEC UTION OF AN "INTERGOVER NMENTAL
AGREEMENT FOR THE INTERNET CRIMES AGAINST CHILDRE N REG IONAL TASK FORc~• BElWEEN
THE CITY OF COLORADO SPRINGS AND MEMBER PARTIES INCLUDING THE CITY OF ENGLEWOOD.
COLORADO
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Englewood City Council October 20 , 2008 Page 7 (111) ORDINANCE NO 59, SE RIES OF 2008 {C JUNCIL BILL NO 71 , INTRODUCED BY COUNCIL MEMBER WILSUN) AN ORDINANCE AUTHORIZING "-N INTERGO'✓ERNMENTAL AGREEMENT BElWEEN THE CITY O, ENGLEWOOD, COLORADO, ANO THE STATE OF COLORADO. AUTHORIZING THE EXECUTION OF THE
MATCHING GRANT APPLICATION AND AGREEMENT FOR THE 2008 INSULATE COLORADO PROGRAM
FOR EXISTING HOMES.
(iv) ORDINANCE NO 60, SERIES OF 2008 (COU NCIL BILL NO 72, INTRODUCED BY
COUNC IL MEMBER MOORE)
AN ORDINANCE APP ROVING sur•PLEMENT NO. 164 TO THE SOUTrtGATE SANI TAT ION DISTRICT
CONNECTOR'S AGREEMENT FOR TH': INCLUSION OF LAND WITHIN THE DISTRICT BOUNDARIES.
(c) Resolutions and ~lotions
(I) RESOLUTION NO. 74, SERIE<: 0F 2008
A RESOLUTION AUTHORIZING A MEMORANDUM OF UNDERSTANDING EllTITLED "FACILITY OWNER'S
MEMORANDUM OF UNDERSTANDING FOR THE GOVER NOR'S ENERGY CF!'ICE ENERGY
PERFORMANCE CONTRACTING PROGRAM' BETWEEN THE COLORADO GOVERNOR'S ENERGY
OFFICE ANO THE CITY OF ENGLEWOOD, COLORADO.
(Ii) THE PURCHASE OF A MANURE SPREADER FROM KUHN NORTH AMERICA, INC
IN THE AMOUNT OF $69,972 61
Vol~ ,esults:
MobOn earned
Ayes : Council Members Penn. McCasl1n, Moore, Woodwa,d, Jefferson,
Wilson. Oakley
Nays None
10 Public Hearing Item,
(a) Mayor Woodward said this is the conlinuation or a Public He~'lng, from Octobe, fl'. to gather
Input on Council Boll No 65, a proposed amendment to the Unified Oevelopme ll Code establishing an exception
to the minimum Jot width and area requlremems for subdivision or properties In ~11 R-1 zone districts
COUNCIL MEMBER WfLSON MOVED, ANO COUNCIL MEMBER JEFFt:RSON SECONDED, TO OPEN THE
CONTINUATION OF A PUBLIC HEARING TO GATHER INPUT ON COUNCIL BILL NO. 6't, A PROPOSED
AMENDMENT TO THE UNIFIED DEVELOPMENT CODE E f ABLISHING AN EXCEPTION TO THE
MINIMUM LOT WIDTH AND AREA REQUIREMENTS FOR SUBDIVISION OF PROPERTI ES IN ALL R-1
ZONE DISTRICTS.
Ayes. Council Members Penn. Mccaslin, Moo,e , Woodward, Jerrerso.
Wilson . Oakley
Nay. None
Mo:lon carried and the public hearing opened
All witnesses were duly sworn
Senoor Planner Langon said ror your conSiderat1011 os a c,,ntJnuat,on or the Pubhc Hearing for Counal Boll No 65,
the UOC amendment to estabhsh a subdtv!s1011 ex~poon for m,nomum lot W1d!h and minimum lot area
requirements In the R-1 zone districts I have prevoously submlHed for the reoord, Proof c,f Publlcahon of the
origlndl hearing In the Englewood Herald on September 19~ and on :he C1Iy's website on Septem~r 17th to
October 5~ and then contlnuaUon of the Hearing was also published ,n the Herald and also repubhshed on the
web I prevoously submitted the s:arr Report and I've also subm1t1ed a copy or the Spec,al Notice of C,:,nImued
Englewood City Council October 20, 2008 Pago 8 Publoc Hearing tnat was reqve;ted by Council be sent to the people that spoke at the May 14" Board of Ad justment and Appeals Heanng At Council's d1screllon , I w,fl rephcate my Iest,mony from the October 6'" heanng for lhe benefit of those who were nol here or I can answer any quest,ons Mayo< Woodward asked 1f there were any quest,ons There were none
Mayor Woodward said since the re are no quesl,ons I would hke to proceed with the Public Hearing
Ms Langon said rt I could Iust address two issues thal were ra<Sed al the Publoc Heanng tefore .thal were
misconceptions about the 81II that might help for this evening She said one was a queslton of how many other
subdivisions had been done under lhe policy and the re have been no other subdivisions considered under the
pohcy for the 5% lot dimension changes And there was also an issue that the question of any mod1hcahons to
a lot width should go to the Board of AdjUSlmenl and Appeals The reason it was not included ,n the ord,nan,ce
to go lo the 13.>ard of Adjustment and Appeals ,s that the Planning and Zoning Commission is the proper
authority for review and conslderat1on of subdivIs10ns They already review major subd,vislons and there is a
clause in the UDC that any minor subdivision. which would be the case with any subdivision that would utilize
this except10n can be raised to the level of gorng to the Planning Commission, rather than an admImstrabve
decision 1f that subdMsion should Inc:Nde or involve significant 1Ssues of conRicl health, weffare or safety The
Planning and Zoning Commission is the land use Board and, more appropriately , the correct Board to review
such decisions Also regarding the Board of Adjustme nt. any varia nces require adherence with four different
cnteria ... all or which must be met. The final criteria Is that the request for the variance should not be self-
imposed Therefore, any subdtvis1011 because there really isn't a reason to subdivide that WO' Jtd have anything
realy 10 do with the cond,tJOn of property .. rt Is really more or less an issue raised by the property owner there
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reany isn't a way lo meet that condition . Therefore, the variance would not be granted and therefore, the •
variance through the BOA wou ld be a meaningless process. So. I Just wanted to address those two Issues that
lhe Planning Cornm1sS1011 1$ the prope, place for this issue and then also. that there were no prevlOIJS actually
no subdivisions under this policy Thank you.
Mayor Woodwa rd said than k you
Mayor Woodward said there are 15 people signed up, but mst I would ltke 10 ask Council d there i s a tme limrt
that you would hke to put on speakers Is there any des1n,?
Counci l Member Moore said ' th ink 5 minutes would be a reasonable target , If they don't mind
Mayor Woodward said okay. 5 mIn,,Ies Is lhal acceptable lo the members? ti was agreed upon. And the other
,tern I would su~gest to the public is if you are repeating what somebody else has said. you may want to utilize
yo ur ti me a little ~eller by Just stating that you agree wi th their position and stating a position of your own or new
and additional Information
Kathleen McGowan an Englewood resident. said I would hke to thank City Counclt for allowing us the
opportunity lo speak Ion1ghl. Please excuse me 11 1 seem a bit nervcus, I'm not used lo pub lic speaking I would
also like lo thank. I believe 11 was. Councilwoman Jill Wilson for your mol10n to nobly those of us who had
spoken earlier opposed lo the same type of sub-development befo:e you tonight We appreaate being given
this constderat1011 we didn't get from the Community Development Department I am here tonighl w1lh a group
of great neighbors opposed to Council 811165, We support the existing UDC criteria for subdivision . We
contend. lhet particularly In District R-1 -C. the 50 foot lot width and 5,000 square foot lot area are small enough
We oppose the 5% reduction and promoting development of smaller lots We beheve lhe Roadmap for
Englewood Cornprehens,ve Plan and the eiosbng UDC Code do not support this BIil I have a letter Signed by
68 c,hzens of Englewood opposing this 81II and I would like to submit that into evidence. If I could Earlier this
year, on March 31". I subm1lled another letter lo each member of you at City Council. Alan Whil e and Aud ra •
Kirk of Community DevelOpment, Mr Sears, Mr Brotzman, and I believe 1t 1s Mr. l<ahm The feller signed by 46
Englewood citizens opposed lhe subdMsoon of 2919 South Ogden Streel Commuruly Development Otreclor
Alan White granted the subdrv,sion based on a 5% reducbon In fol width We appealed lo the Board of
Adjustment and Appeals On May 14" the Board upheld our appeal and overturned the dec1s1on of Director
Wh ite . The minutes ol lhe Board meol,ng Ms O'Brien said Ihe pollcy relied upon by the Director of
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Englewood City Council October 20, 2008 Page 9 Community Developmenl was not a valid method to change the UDC W1th0ul a change ,n the UDC, there 1s no bas,s to support the dec1sIon of lhe Community Development Director Mr Kahm staled lhal City stalf lell a piece out of lhe act10n The n,le book has to be delendable By agreeing wI1n Mr Kahm that c,ty stall lell a piece out of the acliOO, I believe Iha! C11y staff has again Jett some pieces CUI We believe the issue was se!Ued by the Board ruling I lh,nk 1ha1 a current case where Community Development granted a subdMs10n based on this 5% criteria. shryuld be significant and relevant lo the proposed B11165 City staff should have included In the
background . an analysis presented lo both Planning and Zoning and Council for public record the lac! tha t
Community Development had a~eady granted a subd1v1s1on . whlCh was opposed by 45 neighbors and
overturned by the Board, because Crty staff did not folow lhe UDC Just 20 days aher the Board's dec1s,on on
June 3'". City slaff recommended Planning and Zoning allow the 5% reduct10n as part of the h0usekeep1ng
amendment Housekeeping amendmenls such as amends the term. sing le fami ly dwelling to one unit dwelling
This ...,e,ns like a very d1s1ngenuous allempt to push through this 5% reduction Thank you for directing staff
that rt was not a housekeeping amendment and Iha! 1t needed lo be presented as a separate amendment City
staffs reports and presentations lo Planning and Zoning and City Council and therefore public reco,d have
completely adm illed any reference to the case opposed by 45 Englewood cttizens. I understand that
Community Development will defend that the current amendment Is not about a sing le property, but how do they
possibly JUSbfy that the May 14" case and Board decis10n are oot relevant and significant enough to have been
1ricluded n the background and analysis of this amendment While Community Development obv10Usly feH oo
obligation to Inform our citize ns group that this matter was getting continued I believe thal they absolutely have
an oblig 31ion to Planning and Zoning, City Council and the people of Eng lewood to have presented the case as
to significant. relevant and current background. analysis and fact I don't believe Community Development
should t.e allowed lo only present informabon w!llch supports the,r recommendabons and ignore and omit facts ,
which don't support their recommenda110ns As 10 the recommended Bill, It Is not consistent with the Roadmap
of Englewood and the UDC The 5% reduction creates a loophole, which creates small lots Loopholes
promoting developers to creale non-conform ,ng, substandard lols Is not part or the Roadmap And the UDC
prohlt>lls this type of variance. espeaally in R-1-C where we already have the smallest lots II does not make
sense to make the lot smaller even ,f 1t is only by 5% I don't beheve rt shOuld be supportive of goal for either to
Improve the community quality of life. to Improve nel~hborhood design. wh ich Is encouraged by trad1honal
designs ,n resldenhal and mixed use areas thal foster both neighborhood Identity and c,vlc pride. I will skip
some other ,nformaliOO ,n here lhat I wanted to cover and go right to my conclusion. Although I do think thal
there are Olhef parts of the UDC, such as. not promoting large garages, wlllCh are atso relevanl What IS the
direction of res,den11al development In Englewood? We do nol oppose development Many new homes have
been built 1n our neighborhood but ,t does not support creating loopholes for sma ller lots I would ask lhat you
uphold the lnlegrity of our neighborhood , thal you please do not allow this type or subdivision to go through
Thank you
Mayor Woodward .aid thank you
Chnsllan Mills, an Englewood resident said !hanks for the opportunity to speak tonight I'm here lo voice my
opposdiOO to the proposed amendments to Counc,t 8111 65 and I will note that I wholeheartedly sul)p0fl
everything that Kathleen just said Specifically, ,s the amendment to the UDC Code Section 16-8-4,B Lot
Design and Spec1fica,ions t will keep this bnel, as we have severa l people who want to speak. I would like to
make three points this evening . First. the proposed amendments to allow subd1v•s1on of lots in the R-1 zone
d1s111cts. 1s reckless. Englewood property owners may be negatively impacted 1n a financ,at manner because of
,1 Secondly, allowing subd1v1sion of lots that don't meet lot minimums ,sin d1<ect conflict with parts of the UDC
Code and the Englewood Roadmap some of wh ich Kat hleen just spoke about And lastly, I believe the
process to arrive at this point. that we are at nght now. has been flawed and It seems to us seems to me that
Comnun~y Development has reached a predetermined conctus10n. al the expense or the Englewood property
owners My first por,11s Nat,onal Sa,e for Re~rement week couldn, come al a better tune l'I submit that none
or us are going to protest we are in tough economic times. We have extreme marltel volaM,ty, fuel prices and
falling home values have created a scary economic storm A family's hOme Is often ,ts greatest llnenc,al asset,
above and beyond ret•ement plans. personal savings arid In fact, the adveni of reverse mortgages ,s leslamenl
of the ability to annuitize a home lo help Jund rehrement years Allowing for a decrease ,n lot size. especially ,n
R-1-C lots. the smallest In the City, can s1gmf,canlly impact our home values ,n a negahve manner NallOllal
leaders on both stdes of the aisle, have staled that stab1hzal1on of home va lues ,s key to our economic recover
This includes Englewood and all of us Now ,s not the bme to gamble recklessly with issues like density,
Englewood City Council October 20, 2008 Page 10 ne,ghborhood conunuI1y and any measure lhal ,s opoosed by your consI~uenIs as evidenced by the sognalures on tne letter that Kathleen submitted and the ne,ghbofs that have shown up here lon,ght So. f~sl or all I strongly ob1ecI 10 these amendments bas'?d upon lhe possible f,nanc,al ram1fica11ons 10 myself and to my neig hbors Second ly, allowing subdrvis,or: of lots that don't meet minimums conflict w11h portions ol the Cooe and the Englewood Comprehensive Plan Road:nap Englewood Section 16-6· 10 narl'oer 5 is front IOI coverage states lhal as 1e,nvesImen1 occurs whlCh ,s happening across the street from me at 2919 South Ogden
Streel as reinvestment occurs lhe open character of lhe front yard area should be presetved As an eKample
lhe proposed subdM:;1011 of 2919 South Ogden . d~eclly across lhe street from me by necesSlly has t.o have
garages on the front Have you evef walked "110 a room when the bed was too bog for lhe room? ti rs bke
welcome 10 my bed You know what I am talking about? When I sit In my front yard now, I am g01ng 10 be
took,ng at two garages ,f this goes through I don't want to do that, I want to look at another front porch and at
my neighbors Kath leen already spoke about the Comprehensive Plan Sect10n 504, so I won't h,I on that, I think
to respect your w,st,es. Another poInl ,s the footprint of homes that were designed for R-1-C were much smaller
footprint when the Code was developed years ago The same Code was upheld In 2004 Now, a lot of homes
that are be1n9 budt they ma,-out lot size, that Is not going to fit w,th the character of these older ne;ghborhoods
and espeaaKy In our block of South Ogden Street. In our neighborhood there ate no homes that don't have a
front ya1d, but the proposed subd1V1s10n Wlll do away w,th that Th,s would dramatically alter lhe character ol our
neighborhood The last point Is II seems that this amendment ,s 1eally being pushed through by Community
Dev elopment Stages along the way, It seems as if It ,s a predeterrr,ir1ed conctus ,on and nere have been very
little requ,rements for the subdivision How many of th ese proposed amendments have there been over the last
few years? Another one of us got one to two times since 2006 So now Mr Curnow, the owner or 2919 South
Ogden , has presented why he thinks this BiU should be passed And as noted, when Kathleen mentioned In the
May 14"' meeting wluch kind of myster,ously has lost any mentiot1s of the proceed1n9s We have 46 ne1ghbols
who orogmany opposed that subd1v1s;on We feel that CommuMy Development Is sKllng with lhe develep« ove1
our wishes as Englewood property owners He said 1ead,ng the July 21. 2008 minutes of the meeting similar
to this n ,s noted that Mr. Casebolt, Mr Curnow's attorney , says that he has filed a complaint of some kind with
Arapahoe Dlstnct Court and ment,ons also In those same minutes, that a remedy cou ld be achieved 1f the
propeIly was su~divlded. So, I would also like to know has Mr Curnow now asked fo1 any legal remedy In the
form ol a selllemenl lawsu1l arb,tralion, negat,on regarding this matter? Can anybody answer that?
Counal Membe1 Wilson satd we can't answer anything uni~ the end at Councils Choff:e to let people know the
answer Mt Mills said ol(ay
Mr Molls said no clear dec1s10n can be made ,f th,s mailer Is outstand,ng, because the dec,s,on could be clouded
by the dec,s,on based on some soil of legal remedy So, I will conclude quickly I am opposed to the
amendment of Council Bill 65. because I think 11 benefits a few at the expense of the many I w,11 ask yo u 10 look
at the folks tonight and recognize lhal we are here to preserve the characte1 and Integr,ty of our ne1ghborh0ods
., Englewood Thank you
Mayor Woodward said thank you
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Mau1een Dehne , an Englew~od resl\1enl said I spoke last time and I thank you again for notifying us with the
letter, otherwise I would not have known I am here, I guess, on more or a personal level and more of why I
moved to Englewood I lived In Denver for qu,te some t,me .• my whole hi e I moved to the Amherst Avenue
estate, as I hke to call 11, because 11's got noce land and because of the charm of the neighborhood And you
know. I know Chnsban and Kathleen has talked a hllle bit about lhal but the neighborhood IS very charming
and there are people lhal do eflj()y having property around the• homes where there IS not one home stacl<ed
upon another home As Chnsban had menooned eart,er, there IS conhnu~y on the blocks with hav,ng front yards
and not having garages to look at While I don't live dtrectly on Ogden Street, I do dnve down It, I do know the
people on Ogden Street and I Just have 10 tell you, 11 ,s very charming and when I was look,ng at neighborhoods,
you know, 1f I wanted high density I would have gone to Highlands Ranch , I cou ld go to Stapleto n, I could do •
that We built these houses on very small lots The neighbors loose their pr1vacy to the,r own backyards ,ind to
their front yard and lo me that Is very very ,mponant I know the last lime when we spoke to you, we were
tallung about the builder was t,ying to improve a d,stressed area I don't consider my area as distressed at an
In racl the houses are not up for sale lot very long ,n our neighborhood because ,t ,s a very mce ne,ghborhOod
People have buut single family homes latge single Jam,ly homes that I think would actually increase the
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Engl ewood City Council October 20, 2008 Paga 11 property value more so lhan having lwo smaller homes lhal really 1ust don t flt in lhe ne,ghborhood And that ,s really you know , kind of from an ,,mo11onal side because It Is my ne,ghborhood but lhese are my ne,ghbors Thank you Mayor WoodWard said lhank you
Donna Nelson . an Englewood res1den 1, sa id I had lo write ,t down because I gel so nervous thal I'm not going 10
be able to say anything straight so I wrote II down She said good evening and thank you for allowing me to
address my concerns regardu,g Council Bill 65 tonight I am of the op,mon that this Bill is not ,n the best interest
of our community and ,s m fact. unnecessary I read the Council Commumcalton dated September 15, 2008 I
note that the Communlly Development states that the lot d1menS1011S under 16-8-4 are based on h1stonc land
platbng patterns and long respected community standards If this is the case, why would we want to aeale lots
that VIOiate long respected communr!y standards? I spoke With Brook Bell of Community Development on
Fnday, October 1.,.. I asked him how many tJmM Communrty Development had been approached regarding
dMd1ng a lot where the resulting lots would not meet with requirements Mr Bell sa,d thal II had come up
occasionally over the years Community Development would have us believe that Councd Bill 65 would improve
Eng lewood by creating additional opportun1t1es for home ownership, creating housing opportun,tres for people ,n
differe nt hfe stages by allowing for sm aller yards and promote a mix of ho using opportun ities. Well, as or Friday,
October 17". there were 400 homes for ~ale In Englewood according to the MLS Why do we need to crea te
more lots wh en this ,s the case? Joe Jefferson's office, In an e-mail sent to me last v,eek, claim s that Council
Biil 65 would stimulate new residential development, create add,hon al land In a land -l ocked City, create more
affordable prope rties an d provide City revenues through building permits, use and property taxes Howeve r.
Community Development in its Council Commun,callon does not state the number of properties tha t would be
affected by this Brll or how many additional lots will be created under Council B,1165 Would Council B11165
affect enough lots to actually make a difference tn the commun11y? And provide the benefits claimed by
Community Development and Joe Jefferson? Would enough new lots be created to s,gnlficantly increase
housing opportunities. stimulate development and promote a m,x of hoos111g opportun ities thal are not now
avalfable? I don't think so Al least Community Development has not proVlded any ,nformatlon that supports
th,s contenhon Whatlhey do tell us 1s that approximately t3% of all ex,stong R-1 properties do not meet
domensional requirements And 5% or R-1-C propert,es have a tot Width or less than the required 50 foot
m•umum How this supports lhe11 argument for !hos Brll is unclear to me , but what 11 does tell me 1s that the
majOrily 87% of all propemes 1n Englewood and 95% of all properties in R-1-C do meet the tot width
requirement, so that allowing a subd1vis1on of land with lots that do not meet these s1andards will make those
properties stand ou t like a sore thumb I believe we are discussing Council Bill 65 ton ight for one reason and
one reason onl y and that is because, Mr, Curnow has been pushing Communi ty Deve lopment , Plann ing and
Zoning and th,s City Council to get his lot divided so th at he can build two houses on his lot and make twice the
r·oht Looking al the people ,n attendance tonight , the only person in favor or this BIii that I can see ,s Mr
Lurnow Whereas 68 people have signed a petition against Council Bill 65 and more than a dozen ciuzens of
Englewood have la ken tom e out ot their schedules to come here ton,ghl to speak to you and let you know tha1
they oppose this Bill I believe that Council Bill 65 1s unnecessary unwarranted and unwanted by the c111Zens of
Englewood Thank you
Mayw Woodward said thank you
Greg Nah1 ,~. :in Englewood resKlen~ said I kvc W11h1n vrew1ng of this propeny that you guys are discussing
tornght and I will be shOn, but I am a member of lhe community and rt ,s not a distressed community by any
stretch of the Imag1nat10n very poor wording II IS an odd community because we've developed our own ,t
,s an actual community On Ju ly 4"' we have our own parade. we have our own celebrallon 1n the park and we
have over 300 people that atten d ,t, Everyone chips ,n and does their part We have prog1ess11,e parties for
Christmas and for New Years Neig hbors that don't eve n know neighbors know neighbo rs now because of ,1
Our neighborhood ,s safer becau se or ,1 So, It 1s a pretty tight group and no one there Is against ony
development whatsoever, which Is evidenced by all the new housing in our neighborhood but 11 ,s all done
within Code And people have profited handsomely from the development So. there really hasn 't been anll•
development unhl this wanting to change lhe Coo~ to take care of one particular prope~y and ol course, no
one Is really excited aboul that It Just doesn't make sense lo, our community Without repeating anything else
Engl ewo od Ci ty Co uncil Octobe r 20, 2008 Page 12 I Just want you lo know thal our communily 1s very tighl, we talk we gathe r and we are very aware of what lakes place So, thank you for your time and good luck lo you Mayor Woodward said thank you Jill E Moore, an Eng lewo od resident. said I spoke at the previous heanng where eve ,ybody else has said the
same thing, but I do have a letter that I would like 10 read from one of our neighbors who was not able to be here
th is evening and d I can submit that , I would like lo She said the letter 1s from one of our neighbors, Chnst1na
Lammermann on South Ogden Christina Lammermann .. I will give you her quahfical1ons She has been a
reallor for 29 years in good standing She 1s an expert w11ness in real-estate zoning mailers ,n Englewood an d
she 1s an investor and an income property owner in Englewood And again one of our great neighbors who
actually is in charge of the 4'" of July parade and so on and so forth and also the progressive dinners that take
place I am not going lo read th is verbatim, but I do want to make a few points that Chris!ina has made that I am
1n full blown concurrence of this . She says she has been a reallor for 29 years in the melro area and she has
sold Just under a dozen homes within a 6 block radius of the sa id property . which is 2919 Sou!h Ogden She
says apparently the owner of 2919 purchased this property with the 1nten1 of spliUing the lot and bu il ding two
single family homes . He made the purchase with the current applicable zoning laws proh ibd ing such a spil l
She says I cannot fathom , as a real tor, the thought of either buying a property with such a gamble, selli ng a
pro perty fo r a seller without disclosing the existing legal limitat1ons of development , or rep resenti ng a buyer in
that type of risky purchase . If the Unified Develo pment Code and Comprehensive Plan have goals and
ob1ecbves of improvi ng the City's housing stock , she says I question the proposed exception, allowing the 5%
minor modifications to current standards . As a re allor, she says in Highlands Ranch living with a garage is the
firs t and foremost presentation of a home . This has fallen completely out of favor. Successfu l urban planning in
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places like Lowry . Staple ton , the old Elitch 's site and one or the main thrusts of De nver's Quick Wins Two •
include front porches and front areas of homes that invite neighborliness and communication , As a matter of
fact . Quick Wins gives bonus square footage allowances for open front porch areas . Ms Moo re said just lo put
1n a little bit of my own I recenlly renovated my home . II was a single family home on a si ngle lot. I did not go
two stones . I did not dig a 9 foot basement I stayed withi n my lot limits and I also stayed within the flavor or the
neighborhood . II 1s easily manageable . She said Chrisl1na also says I don't think lhe neighbors and I know the
neighbors do not objec1 '.o the 5% adjus tment proposa l nor do they object to development. She says as long as
the basic llavor of the nelgn:iorhood is preserved She also goes on lo say the re 1s a good deal of adding on
and scraping and building ol new homes In our 1mmed1ate area , but on full sized lots , with garages 1n the back
or garages to scale As far as I am aware , no protests have been made about any of the new builds or add-ons
1n the area , with the exception or said property at 2919 South Ogden Street The last thing she says , there is an
uneasy reeling of a lack of transparency 1n this mailer. When my husband and I did an additio n affecting on ly
one contiguous ne 1ghbcr , we had to go through the entire process of pulling out a huge wooden no tice sign lor
severa l weeks lo allow our neig hbors lo unde rstand whal we were doing and give them ample weeks lo allow
our ne1ghbcrs lo und erstand . There !>as been a dearth or communication regarding this proposed development
and certainly no signs or not ice s I heard Iha! there was some verba l approval of this deve loper 's plans for two
homes and lo me that 1ust does not sound nghl. Tasteful inflll building with garages to the rear. as they are 1n
the vast majority of our neig hborhood 1s welcome . If you must pass thi s amendment which as you can see that
none of us are 1n that conhngent . you must reel tha t ii 1s going to be for the greater good of ou r City, nol 1us1 th is
one particu lar property Again , none of us are in any opposihon or deve lopment just when it aff ects our
neighborhood. our fe el or our neighborhood , and ii It 1s done upngh t and forthright, wi th all the processes in
place and everybody 1s aware of what is going on and this does not S<iem to be the case I thank you all for
allowing me to speak
Mayor Woodward said thank you
Kathy Robbins. an Englewood res ident , said I live nghl nex t to a sub1ec1 property that would be alfecled d this
change to the subd1vis1on exception 1s accepted by the City Counci l. What I wou ld like to bring your attention to •
however . 1s lh 1s co uld not be the only one When I first moved here from Boston , I hve d down town for about 5
years When I sold my business, I had the opportunity lo took all over the metro area for where I was going lo
live and I selected to hve 1n Eng le wood I like hv1 ng in Englewood I like my neighborhood I hke the charac ter
of my ne ighborhood What I don't like nghl now abou t lh1s process 1s thal 11 isn 't transparent It rea lly feels hke
these cha ng es are being shoved down people's throats And my guess 1s thal 1f more pe ople ,n town were
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Englewood Clry Council October 20 . 2008 Pago 13 aware that this policy was bemg debated. you would have more people here We found out about It very much almost after the fact And we have a serious interest In our neighborhood In commenting on this proposal One reason that I like Eng lewood ,s the var10us riatures of its neighborhoods, and there are neighborhoods Whal concerns me the most about this potentlal i,ohcy Is tha t !here Is no excepl10n that Is ever going to hold up unless someone proposes building a brothel on a piece of property Thal is about the extent of what wouldn't be acceptable I would like you to consider leaving the policy the way ii currently reads and let the neighborhoods
comment on what Is best for them, because the neighbors In a neighborhood are what give It, Its characler For
some R-1-C districts In Englewood. maybe this policy wouldn't matter to them and maybe, given the character of
the exlstrng housing stock, It would be the best thing to happen In other neighborhoods that Isn't the case II
clearly IS not the case ;n our neighborhood I am nght next door to a subject property, 2919 South Ogden, wh,ch
has been a dump site for the three years that Mr Curnow has owned the p,operty There have been SCO<es and
dump truck loads of dirt brought on to that p<operty I h.Ne affectively lost the use of part of my home dunng the
summer wnen there is any wmd I can't have my windows open, because the piles of dllt are 5 feel from my
windows There is a lack of porcy ,n Englewood to deal with something lrke this and I know because I have
called the City and was basocally told that unless the weeds are within sight of the streeL tough luck You are
out of tuck. you have to live next to this dump site and you have no recourse Thal isn't the Issue tonight but II
does Cfeate a fire for me t would really hke you to consider leaving the pol icy the way It currently reads, making
no change lo the policy, requiring notice of the neighborhood and the neighbors, giving people an opportunity lo
object or nol obieel 11 they have a problem wilh this 5% varianee ... whieh is whal ii is, II is a variance. And In
most localities, variances have lo have comment by contiguous neighbors. And, I would like 10 see the City
Council leave the policy In its currenl formal Do not change It. Allow the neighborhoods lo come to the
Planning and Zoning Commission, lo you If necessary, lo maintain the sense of the neighborhoods they hve In
Thank you .
Mayor Woodward said thank you
Chnslle McNeill, an Englewood residenl, said I ~ve just one block from the said property I certainly agree with
everybody in terms of the disheartening and d1SCOUragmgI aspect lhal this process has had for us. We went to
the Appeals Board and were heard and I feel that lhe Community Development was dishonest In terms of the
way they rep,esenled this issue to you, as the City Council, to the Zoning CommisSIOO and Planning and I am
very grateful lhal It was caught by J1! and that we are albwed lo be here and speak with you today. because
now, the Issue Is not only affecting us, but the whole of Englewood So, hopelully you see us as just a small
portion of what the rest of Englewood would probably feel aboul this Bill ff they knew about It I feel It Is
disrespectful to ask the citizens of the neighborhood that we are directly affected by , .. and the Appea ls Board in
particular .. lo put lime and energy into heanng the Issue. My husband and I have been in the neighborhood for
15 years. We purchased our curren t property al 2865 South Ogden becau se of the character of the
neighborhood and because of the larger lots, where our neighbors didn't stare Into our living room from their
l1vins r JOffl That is Denver. I'm also concerned that this is a slippery slope. You give 5% here, what's to say
then there Is a variance for another 5, and another 5 and another 5 and another 5, II doesn't sound like much
right now one bttle 5% but as 11 goes farther and farther, the next thing you know, Is a lol ls made to 2. then to
4, then to 10 you know what I mean And pretty soon we are IOOking from our hvmg room into our neighbor's
~v,ng room and that Is not what Englewood has to offer Thal IS not what most of us en,oy In terms of the quahly
of ltvrng tiere I don't suppose that ,s your situatron and I know ,t Is not m,ne We value our p<operty and our
home tremendously We have a beaubful, big 100 foot lot that we share With our neighbors, enJOy with our
neighbors. our neighbor's kids come over and play In our yards and I would hope that it would be another family
hke mine that would want to have a single !amity home on lhat lot and have that space It Is a luxury !hat we
really enjoy My other aspect of this ,s that our neighborhood IS in demand We are not an edgy, you know.
slide downhill neighborhood Two properties w1th1n lhe last month, one block away have had 4 olfers In 4 days
and have bolh sold, even ,n lhe current economic chmale . Therefore, I wou ld hke lo suggest to Mr. Curnow lhal
If he is so unhappy with the situation that he sell the lot II that sounds flippant. may I remind you lhal this empty
lot ls a business proposition fo, hi m. not his home In conlrasl, we have had several dovelopers In the area who
have will ingly obeyed the current codes and sI,II made a profil ,without asking for any special considerations
from the City Council Perhaps one of them would be happy lo have ii. Please. leave the Code as II Is II
works II 11 am·t broke, don't f,x It Thank you
Mayor Woodward said thank you
Englewood City Council October 20, 2008 Page 14 Stephany Schmidt an Englew ood resid ent , said I have lived at my address for abo ut 15 yea rs When I moved In th ere was a huge oook In OLJ r kit ch en draw er of all of the history of plat deve lopment In Englewoo d I actually brought 1I out , gave II lo Kathlee n at the start of all these proceed in gs , because way back 1nlo the 1950's, It was what lhe lot sizes we re supposed to be When I moved 1n I had an elderly coup le next door to me who could tell me who 11 ed In my house , for how long they lived In my house , what color they painted 11 and what year the
green paint was on sale beca use every other house was painted the same color There was laughte r I st ill
have the co lor m my window sill s even though I have changed wmdows So , 11 must have nol been pretty al that
time , I don 't lh1n k We , a couple of years ago , wenl lo build a new garage . I have never budl anyth ing on
property before , so as a good resident , I went 10 the zoning office and said , what are the specs? They gave me
a really ni ce, easy map to follow , 3 feet her~. 6 feet here , 6 feet off the alley , all of thal I met wilh my builder .
said here 1s lhe specs for m y garage . Came home lhe day lhe concrete was poured , I sa id to my partner, lhal 1s
so nol 6 feel off the alley and we are 1n big trouble . I asked the builder, the builder said 11 passed mspecl1on
today so there shouldn 't be a problem . I had no idea what that meant, until the garage was fully erected , it
passed fina l ins pe ction , but 1I Just so happened lhal same day the zoning person was driving through the alley
and sa id, the garage Is not 6 fee l off the alley So , you cannot occupy il or ii has lo move So , I had lo do my
due diligence again, and find out what I had lo do to get a vanance in order lo keep my garage the same way ,
So, I went and mel w1lh them , they said 11 is a formality, erect a sign , gel your neighbors lo sign off that it Is
okay , make sure you keep the sign up, beca use If the Appeals Commillee drives by and the sign 1s not up there ,
you can 't have your hearing . So , on one of th e wind iest days of the summer, I am literally hold ing lhe sign up so
tha t ii does not blow away so thal I can have my hearing , because I don 't want to move my garage . I come to
the Appea ls Hearing one person said no to keeping my garage there and the Appeals people said , we have the
ru les for a reason . you have to move your garage . I was pissed, I can tell you that. When I left that meeting that
day because zoning told me that it was Just a fonmality ... I should get a variance, no problem And now I have to
move my garage . Needless to say, that was not a pretty sig ht when my bui lder was moving my garage , but ii
was very interes ti ng and makes for great pictu res I can tell you tha t I am very happy that they upheld that
zon ing re quirement , because the neighbors In back of me are budding a fence . And if those ne ighbors weren 't
bu ilding the fence , I wou ld be able to get In and out of my ga rage no problem . But now tha t they are building a
fence . I wouldn 't be able 10 use my garage the way my bu ilder put it there So , two th ings about that issue that I
found out Number one , zoning and Inspections don 't communicate So , when I called them , they said not our
job, we just inspect. Zoning says inspec tions are not our job, we Just do the zoning So there obvious ly needs
to be more communicat ion between some of the offices in the City of Englewood . hut I can tell you that even
tho ugh I was angry that day , that they did not give me the variance , il was for the betterment of my garage and
my happiness of living , because to not be ab le to use that would have been ve ry sad to me And so , obviously ,
ru le s are on the boo ks for a reason and all of those guys , long ago , who made those zoning requirements about
what 1s good for our City the y knew what they were doing . And th is is one of those limes that we . I don 't think,
should second guess them , but keep 11 as It 1s and not change the zoni ng requirement and keep it as it is So I
respectfully request thal you nol allow for the variance . Thank you
Mayor Woodward said thank you
Bill Curnow , a Seda lia resident , said I am pleased to be here aga in th is evening . That might come as a surpnse
after some of the th ings you have heard thus far th is evening , but as I said p-ev,ously , I have been an owner of
property in Eng lewood since 1981 I have opera ted businesses . not just developm;,nt. but businesses in
Englewood since the 1970 's. I've been a member of the Development Council in E~glewood . Englewood Is
some thing that I rea ll y care about and , you know, I think what I would like th is Council to know 1s that I'm the
person here who cares about Englewood as much as these fine c1tIzens over here care about Eng lewood
When we met two weeks ago . Ms . Wilson suggested that we send a leller oul and Mr . Jefferson asked if that
wouldn't just ign ite the specific siluation ... 2919 South Ogden ... and Ms Wilson sa id no. it wouldn 't, that we
wou ld JUSI talk 1n general terms Wel l. I th ink we are seeing that in different cha racter this evening , That
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virtually every comment thus far tonight has been about the deve lopmen t at 2919 South Ogden But I think, •
overall th e issue Is larger than that particular tot and I th ink that the City needs to cons ider lot widths In general
Engl ewood Is not a planned co mmunity It is not Highlands Ran ch as some of the peop le here have noted
Highlands Ranch 1s platted and everyth in g 1s preplanned You , as a City , have inheri ted plats of va ri ous size s,
dim ensions and things that defy com mo n sense now , but you 're dealt the hand and you have to play that hand ,
you have lo live wi th wha you have And so 1f you have lhe s , odd si zed lots , lots that may or may nol fit In a
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Englewood Ctly Council Oclobor 20 , 2008 P•oo 15 ne,gM>ofhooa ~ou have 10 ma,e them l)lend ,n woth the entire character of tile neighborhood which Is what those tone folk s No.,ld like 1eo nave And lhal 1s something lhat I would hke 10 have also on Englewood Cnglowooa derives 11s Jbohty 10 a11r,1c1 hu•mcsses 1O the Coty by the demographics of the neighborhoods and the folks who live on the Coty Businesses locate 1,ero Rlld people spend their money ,n those businesses, based upon tho people who are here and as the homes that are on older lots don't fond a decent market or depreciate ,n value and don t go up I guess all hOmos ore deprec1at,ng 1n value 1f you listen to the government nght
now Englewood 1s 1n need of 1cnovatong and 1evttal1z1n9 11s ne1ghbortioods and I think that Is what the bui lders ,
hke myself do We come 10 lhe C11y and we consider the realities and the balance that must exist ,n the c,1y
The income the people earn ,s spent w1th1n lhe C,ty and therefore, as you renovate neighborhoods and bnng tn
newer homes the people who occupy these homes typically won spend their income here 1n Englewood and
they wo~ I go elsewhere and move el54'Whefe The tac1 that there IS a resurgence of people Wl10 are moving
bacl< 10 the ohes lhl'y are mo, ,ng bac~ 10 near l!omes and apartments Many of them don1 want 10 m0111.• 10
old homes that are rust a seve,al hundted square fOOI l100se that were bu,tt., the early to mid 1900's They
want 10 be 1n new or renovated homes that are nesUed w,th1n the cozy neighborhoods that exist In Englewood
When you as the c,1y Council consider the ava,lab11tty of lhe lots on the Coty, there are any number that may not
meet every single a1lena of the cw1ent building and zonNllg standards However, they are here anyway If
lhere ,s no llew,b1t11y now, or ,n lhe fu1u1O, lo allow your planning professoonals. the people you hire , the people
lhal you counl on 10 give a con11s1on1 good neighborhood 10 you 10 manage, you're not allowing any
aecommoda110ns lor renewed growlh on some of the 1O1s l hal don·1 fit, 1n general , lo the standard building
codes You w,11 poss ibly turn oway any conslruchon in the neigh borhood or any revllatlzatoon by people who are
already owning the home The chonco 10 1nvllo tamlllos wllh ch,ldren ... and the retiring ... In lo Englewood and
the conveniences of this century a newer home and lhe coziness of l he Clly, would be hmlted by the fact that
there are no allernat,ves on some ol those lots I think someone sla led that they had done some research and
there 1s something ltke 15% of the lots that fall ,n lh1s category The economics of purchasing large lots and
putting even larger homes on those defy the cozy nature of Englewood. And . I think that ,s something thal none
of us want lo do To allow a foot or so of vau~nce In the scheme of things may bring on opportunoties for the
Coty, the other homeowners and buoldor1 and people that want Englewood to be a nee place with a larger
selecuon of homes 11131 people W3tll 10 two ,n Many of tho fOlks here wol teU you that the l)foblem ,s that huge
homes are bulll on sman lots Thal may be the case But they can do that oow with the ex1Shng building codes
and s1anda1ds that ,s not an outcome of nllov.ong a fool • anance on a fol that IS 50 fool wide or something JUSI
shghlly less than 50 tool wode In v1nually all tho towns and communrtoes ,n the metro area they already have
lhos ,n place as an adm1n1strahve vauonce Thero 11 not a songl~ clly w,th1n the metro area that doesn't allow a
5% variance based upon lot soze 1101 lot width but 101 size In general Make no mistake, there are many homes
,n Englewood for sale today II was noted 400 I octunll y checi<ed earlie r today, there are 71 4 houses for sale
In Englewood And ,t 1s 90mg 10 1,1ko years 10 wtollllc that down There may be some houses that have sold Just
recently, but I th ink that's not necessaroly tho case as we go forward We want lo have the best houses
available and aurac t the best fam,hcs here 10 Lnglowood We need 10 have renewal and renovahon and by
most to en act lhe guidelines that allow coroscooroce lo lhe City and 10 you Make no mistake, that t hose who do
not want change, because 11 ,s pe,ce,vcd 10 be udvoose <lo not ha,e a belier cryslal ball than you or your
professional planners , but 1us1 there personal w,1orcs1 01 slake and whal they perce,ve Is something that doesn 1
benefit them The best course of U11S Coty ts O11toke he11? and I !honk rt IS up lo you as a Coty Counc,I, 10
recognize that this 1s not a temblc Idea fhos IS 11omolh"'9 lhal os akeady on place 1n wtuaay every clly and ,1
doesn I mean that bog houses go nn httfe lots I arn not go,ng 10 bring thJs 10 the poml of 2919 South Ogden, but
I want you 10 undetstand that f own other Pfop('lly 1n this C~y lhal I would hke lo develop and there IS other
PfOpeny that I can bong forth and st,ov· thal there ,s not th,s type of d1ssenbon on tl!ose properties I would be
happy lo do that as the ::iudy Sess,on conhnuos I hank you
Mayor Woodward said thank you
Kathy Curnow, a Sedalia resident, said I don't hOve a lot l o odd I simply want 10 soy thal I think the lntegrrly,
the characte r of the ne,ghborhood these 1111119s will root Chango They can improve and I don't think I know
there have been a lot of emotoons that have come ll~ ovo1 !hrs paMocular s11ua11on This 1s not necessanfy what
the overall picture IS aimed at bul housing c.1n bo vr1y no<:oly hi 11110 lhe small lot• I l h1nk this could be a very
poStli.e thong Thank you
Mayo• Woodward said thank you
Englewood City Council Octobor 20 , 2008 Page 16 Matlhew Crabtree an EnglewOOd r0~oOclll u ,d I~•~ I ~J''r ll,M ,, Jog "11,,. l,9nI bt>cause I doo the on that street Although I have presented helu1r you wg~IuIng tn" m~II,,, 00I01P ontt I ~on t IPall y wish to take sides on this. but I th,nk there ,s an ,ntorest,ng couple hlllo 101 ,c, lh ,lt wpIe broug11I uo ,n nus first of all 10 quote a couple ol members from Ogoen Stroot thOI wo,e hNo 11nm, thny 1111 tno 11111111gh1 on Ille head Jill Moore and Kathy Robbins transparency problem And hk~ I SIOl~d IMt '""" I aon I w,InI t'1 ,1dd any fuel ltl the lire here
but the res1den1s on Ogden Street and ttu. benctirs 1>0In .,d~I ol me m.111,,, 11 Iu,,IIy both Mr Curnow and
lhe residents of Ogden Street One ot these dcc•SJOns "0\ 1n.tdft duung a SIU<ly SeUIOII and the whole
process kind of I lh1nk went down hill froo, lhal po,nl forwa,d In fo<:l Ms l .inqon n.,d slated •ast tune lhat one
of lhe dec1s1011s was made dunng Sludy Sessoos So I v.oold hke to use 1h01 o• an e,amf)le al In,s poinl I'm
not laking sides on lh1s bul I would hke lo also brmg up an InsIanco lhat occu110d aboul lou, yea,s ago w1lh the
60 foot ordinance ,n the C11y I'm sure you au remember that pan,cular sItuoho11 It was a s,mIIar sItJatIon thal
came forward to Council wh ere you hod a ve,y strong opposition on both s,dos both m tavor, I m sure , and
probably more ,n oppos,toon, I lh1nk from my understanding I wasn't around than. but lhere are a lot of
properties In the City thal are less than 50 feet When !/le City was ,,,,g,natty plotted around 1890s. att lhe tots
were supposed to be 50 actually 25 feet and dtvlSlble through 25 on up to IOC or however much It ,s my
understanding thal the tots are minimized ,n s,ze because of the changes thal the City s made to streets to
whatever .. because !hey were all, at one pomt 25 foot lots So, lhat ,s a concern that I think Council shOuld
definrtely consider dunng th,s process and I am sure you all know how many lots are out there , but It's not
really l he fault of the property owner lhal their tot is not of proper width And lhI s cou ld attecl, I think , the
development ol lhe C1ly I don't know I'm not taking sides. but I'm Iust th rowing II out there, because I don't
think dunng the 60 f00t ordlnarn:e that ,~ere was anybody there to lhrow those tdeas ou t Another thing to
consider here ,s lhat Commurniy O1'Ve,-4>menl really I think oversteppeo some of lheir authomy wilh this and l
llunk !here are other s,tuabons Iha lhe,. have overstepped their aulhonty with this And. 1f you repeal thrs nght
now, also take into considera tlOn what happens to the other dec,s,ons lhat Communrty Development has made
regarding this malter I mean, this ,s a pretty serious thing revokmg what was promised to one ,nd,vrdual. how
many other s,tual tons has lhrs dec1s10n been made through Community Oevefopmenl And understand that If
you revoke ,1 for one person you kind of have to revoke ,1 for everybod y else ,n the pas t So, th ose ore my
cons,derahons and concerns with thal Thank you for your lime
Mayor Woodward said thank you
Mayor Woodward asked rf lhere was anyooe else who wanted to speak dunng the Pubhc Heanng There was
no one
COU NCIL MEMBER JEFFERSON MOVED, AND COUNCIL MEMBER McCASLIN SECONDED, TO CLOSE
THE CONTINUATION OF A PUBLIC HEARING TO GATHER INPUT ON COU NCIL BI LL NO. 65, A
PROPOSED AMENDMENT TO THE UNIFIED DEVELOPMENT CODE ESTABLISHING AN EXCEPTION TO
THE MIN IMUM LOT WIDTH AND AREA REQUIREMENTS FOR SUBDIVISION OF PROPERTIES IN ALL R-1
ZONE DISTRICTS.
Ayes Council Members Penn Mccaslin Moore WOOdward, Jefferson,
w,Ison, Oakley
Nays None
Motion earned and the pubhc hearing closed
11 Ordinances, Resolution and Motions
(a) Approval of Ordinances on Ftrst Reading
(1) Director Gryglewicz presented a recommendation from the Department of Finance and
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Adm,mslrative Services to adopl a bill for an ordinance approving the 2008 M,11 Levy for collechon ,n 2009 He •
said lhe General Fund Mill Levy is 5 88 mills and the m1ll lor the General Obhgalion Bond Debi Service Fund Is
1 947 m,lls I included m my Council Communication an estimate of what a property owner with a $200 ,000 00
housewootd pay S93 61 to the Gene,al Fund and S31 00 for Debt Servrce for a lolal of S124 61 And I
would l,,e to ment on that lhe Mill levy forlhe General Fund has nolchanged ,n ove, 15 years
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Englowood City Council Octobor 20, 2008 Paga 17 Mayor Woodward ask?d 1f there were any questoons for Frank There were none COUNCIL MEMB ER McCA SLIN MOVED, AND COUNCIL MEMBER WILSON SECONDED , TO APPROVE AGENDA ITEM 11 (a) (I)· COUNCIL BILL NO, 57, COUNCIL BILL NO 57, INTRODUCED BY COUNCIL MEMBER MCCASLIN
A BILL FOR AN ORDINANCE FIXING THE TAX LEW IN MILLS UPON EACH OOLLAR OF THE ASSESSED
VALUATION OF ALL TAXABLE PROPERTY WlTHIN THE CITY OF ENGLEWOOD, COLORADO
Mayor Woodward said ! would like to open II up lo, discussion or comments
Mayor Woodward said I would !Ike to reiterate what Frank said On a marl<el value home, of $200,000 00, ,n the
Crty of Englewood, the total property laxes that would be paid to the Ctty of Englewood would be $124 61
Which I think IS quite a value. That 1s for a run seivice City that includes Pa rks and Recreation, Ubtary, Fire
Department and all the others that a tot of other cities do not proVKle So, I think that Is a phenomenal number
Mayor Woodward said Is there anything else There was nothing
Vote results:
Motion earned
Ayes Council Members Penn, McCashn, Moore, Woodward , Jefferson,
Wilson , Oakley
Nays None
(II) Director While presented a recommendabon from the Community Development
Department to adopt a biH for an ordinance amending the Unified Development Code pertaining lo flags in the
South Broadway Business lmp<ovement Dlstnct. Slaff also requests that Council set a public heanng for
November 3. 2008 to gath er public teslimony on this issue. He said the South Broadway Business
lmp<ovement Dostnct is seeking to display flags that wm advertise their sale date thal they are contemplating
conducting once a month The reason this is before you tonight Is that the UDC ahows only the display of flags
of nat10ns, slates or c111es So. the UDC, as currently written does not allow lhe display of this kind of nag, The
proposed ordinance presented to y'>u would authorize any existing or fut ure Coty approved Business
Improvement District to display a flag ... and the flag that would be allowed to be displayed would be altowed to
contain the name of the Business District, any logo 0< emblem of that District As wrth r•her flags under the
UDC, no permit or review by the City would be required and the flags would be allowed to be 15 square feet ,n
size The Planning Cornmlss,on did conduct a heanng on this proposed Code amendment on September 16,
2008. they did recommend approval with one change And that was to lhe first sentence ol 16-6-13 (E) 3 (bl
stal!ng that the nags shall display only the name, emblem and/or logo ol lhe organization and no WKIMdual
business names The proposed draft ordinance, that you have ,n your packet, does contain those changes As
we were putt,ng together the draft 01donance and geltlng the Councd Communicahon together, we did receive,
hnafty, an lndicat,on of what the nags that the BID wanted to use would be and that mage is Included on your
packet Unfortunately, as wntten, the Sign Code mod1fica1ion would not permit th ose type of signs because they
,nclude words like 'sale today" or "sale' and that allowance was not written ,nto the Code So, ,n order to allow,
speafically, these types of nags presen ted by the BID. you would need to make an amendment to the
ordinance One last thong a Pubhc Heanng 1s required for thls because 111s an amendment to Chapter 16 of
the Englewood Municipal Code. With that I will conclude my presentatoon and answer any quest,ons you may
have.
Mayo, Woodward asked 1f there were any quesbons
(Clerk's note Throughout this d1scuss10n rega,dong Council 8111 No 69, severa l Council Members were spea king
at the same 1,me We have made every elfort lo transcribe as much as possible )
Council Member McCasl,n satd 1ust lo clanfy these nags , WOllld they have to be approved by the City o, Coty
Council before they would '>r Is thal at lhe d1Setetoon of the BID? O.rector White satd 11 would essentially be at
Englewood City Co uncil October 20, 2008 Page 18 lhe d1screllon of lhe BID They would be treated as any other flag of the na11on or lhe C11y They could be displayed wilhoul any further approval or any permit Council Membe< McCaslln said so I here ,s no departmenl as Jar as .. J mean . I don'I know I have a hard time maybe 11 s nol lhe time for discussion
Direclor Wh ile said as wntlen, !here ,s no requlremenl for any review Council Member McCashn said no C11y
approval Mr White said that ,s correct
Council Member Penn said as wntten, 1s there a requ•ement on bme hm,1 on how long tha flags can slay up?
Mr While sa,1 no there isn't
Council Member Jefferson said I lllink tt does say that doesn'I ~ say that the flags can only contain Ille BID
IOgo and lettenng or some sort. with some sort ol message? I think it does limit .. Counc~ Member McCashn
said 11 did kind of say that Mt Jefferson sa'<I 1t does hmit the scope of whal they can be a little bll. Mr.
McCashn sa,d a logo and rt will not advertise specihc businesses.
Council Member Wilson said and also they wanted this for one day a month, which Is the last Saturday of the
monlh to advertise their sale day
Mayor Woodward said we are at the point of directing queshons to Afan nght now, We are not in discuss10n
mode yel !here hasn't been a motion. So just on the actua l slaff Information .. I see In Iha very tasl pa ragraph.
In looking at the flag ... 11 is not permitted . What they have proposed to you is nol permitted. And from whal I
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understand, indus1on of lhese words on the nag which ,s ·sale today' would require another hearing on a •
revised ordinance. by the Planning and Zon,ng Commisston. Has the BID been made aware of this? Mr. Whrte
said yes Mayor Woodward said did tt>ey have a response? Mt White not a real response I mentioned the
opt,on that the Counci might have to amend the ord111ance .. to allow these types of Rags with the 'sale day· or
"sale today' leltenng on~ .. 10 move IOtWard I made no guarantees that that would happen. t did not 111fonn
them that this may have to go back to the Plaming Comm,sston I thuik that would be at your 11rectton ff you
want the Planning Commission 10 do more work on this
Mayor Woodward said I believe wha l I am heanng you say is that, ,n order for this to go back to Planning and
Zoning, II would be at our d11ect1on or we could say this language lhal is on here Is okay, but only this
language or someth ing to lhal elfect? Director Whlt9 said that is my understanding. yes Mr Woodward said
okay
Mayor Woodward asked if there were a,1y other questions for Al~n
Council Member McCashn said yes Has II been addressed 1f because I know not everyone ls going lo get
11 1f someone has a flag up there advertising something else or ,t says something else who ,s lo enforce that?
Who would be lhe person 10 say you know we said BID logo and lettenng who would enforce that? Director
While said the staff m my Department would work with the Code Enforcement folks. 111 the Pot,c;e Departmenl II
I may go back lo Jrtrs quest,on °' comment We are trying to broaden the aulhonty that was being establtslled
In lh1s ordinance And not piek1ng a speciftc: mstance for the BID, thmlung fOtWard a hltle bit that there might be
other events othe< than their sale cay they m,ght have some holiday event dunng the week of the ◄• of Jufy
So we ., eren 11ry1ng 10 wn1e the ordinance spec,fically for lhe11 pioposed sale day And spec,f,cally not for the
e~1s11~,1 810 There could be three, lour or a half dozen more BID's organized ,n the City 1n the fulure So, we
don't nave to come back and amend this every lime lhere is something Just a htlle bit different than whal they
are spec1'1cally asking for right now Ms Wilson said okay, thank you Mr While said you're welcome.
Mayor Woodward asked 11 !here was any olher questions There was none
COU NCIL MEMBER WILSON MOVED, AND COUNCIL MEMBER JEFFERSON SECONDED, TO APPROVE
AGE NDA ITEM , I (al (Ill • COU NCIL BILL NO. 68.
COUNCIL Bill NO 69 °NTRODUCEO BV COUNCIL MEMBER WILSON
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• Englewood City Council Oclober 20, 2008 Pago 19 A BILL rOR AN OROINANCE AMENOING THE ENGLE WOOO MUNICIPAL CODE 2000 BY AMENOING TITLE 16-6-13. SIGNS NOT SUBJECT TO PERMITS, TO ALLOW OISPLAY OF A FLAG USEO EXCLUSIVELY BY THE SOUTH BROADWAY ENGLEWOOO BUSINESS IMPROVEMENT OISTRICT MEMBERS Mayor Woodward asked If lhere wa; any d1sC1Jss1on
Council Member Wilson said, as Wit are going 10 have a Public Heanng, so are we going to move for when It.at
wdl be scheduled? City Attorney Brotzman said yes. you need to do that You can either do It as one mot10n or
you can break It into two parts Ms Wilson said I w,11 break n inlo two
COUNCIL MEMBER WILSO N MOVEO, AND COUNCIL M!:MBER JEF FERSON SECONDED, TO SET A
PUBLIC HEARING FOR NOVEM BER 3, 2008 ON COUNCIL BILL NO. 69.
So, Council Member Oakley said, we have two motions before us, wilh no diswsslon In between? Ms Wdson
said I need lo make two of lhem mlo one
C11y Attorney Brolzman said one of the reasons you do lhal is If you wanl lo modify the firs! motion, which ,s you
want to somehow change what the nag looks llke ... you would be voting on lhat one flrst. .. you wil l then vole on
having the Public Hearing. Under any circumstance you will need to have a Public Hearing.
Council Member Oakley said okay ... we are ta lking aboul two ... we'll vote, obvlou;iy, separate ly on the two So
when do I talk? Ms. Wilson said now
• So. Mayor Woodwaro said. we are going 10 discuss mot10n number one and please feel free to talk Wayne
Council Member Oakley said I am ::onfused I lhought II was pretty straight forward that the nag was 901"19 to
say ·sa1e day" and have a logo and that was what k was going to be tr they can put anything on there hey
want to then I want to take another look at 11
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City Altomey Drolzman said no 1t Is ,ctually less than that Mr Oakley said oh Mr ... totzman said~ Is more
reslnctlve, What you are going to gel ts you have an American flag, a Colorado nag. and an Englewood
flag .... or you could have ... in this circumstance .. a BID nag. You may not have a BID flag lhal says ·sale· You
may only have the 8 10 flag. Ii Is actually more restnchve What the BIO is not getting Is their proposal to have
·sale" on thei r flag
Council Member Oak ley said I guess I just 11,ppantly considered them both as being the same.
Coonc1I Member Jefferson said I'm sorry could you explain that d,st,nct,on one mora time City Attorney
Brotzman said you can have lhe BIO logo on the nag You m.i~ not have an individual business name It can't
be Kaufmann's on the flag Mr Jefferson said sure Mr Brotzman said on the BIO Rag II has the big logo part
of the logo cannot be "sale day" Mr Jefferson said okay. So, Ws saying that the only thlfl9 that can be on the
nag Is a IOgo Mr Brotzman said there you go Mr Jefferson said okay Council Member Wilson sa'<l but
Mr Jefferson said but that 1s not whal :, :ey want Mr Brottman said correct
Mayor Woodward said that 1s not whal they wan I and , , City Allorney Brotzmdn sal<l or what they proposed
Mr. Woodward said .. :ir what they proposed Bui lhey didn't propose this at the Public Hearing at P & z.,
Nobody showed up. And that Is where I 1h1nk the problem has come in I think the ,ntenbon was to have a fti!g
that said "sale day" That Is the last Saturday ol lhe month ... that is the Intention, Council Member Wilson said
right Council Member Oakley said that Is my uMerslanding, Mayor W-:odward said ii has been my
understanding from day one
So, Council Member Wilson s~lo what process do we Council Member Penn said v.ould It be an easier
process ,t they had lhe approval ol the Council before they made flags up for whatever events they might
want such $ a 4 ~ or July nag or a holiday flag?
Englewood City Council October 20, 2008 Page 20 But. Council Member Wilson said. are lhere 90Ing to be certain restncltons 01 gu1del1nes or approvals? Council Member Penn said lha t we don·t know yet MayorWoodWard sa1d as I recall there antent1011 was, only, for the Fnday and It was for the last Salurday of the month sale only And I belteve what t think I heard Alan say an<f 1ust to venfy 1111th Dan that we could change that to accept this layout .. ·sale today" with the logo and , assume that is the,r logo ... as the flag .
without any ol her lettering or anything and It wouldn't have to go back to P& Z We cou ld have a Public Hearing
on November 3" and move fo,ward from there Would that be c01rect? City AttornP.:, B1·otzman satd correct
Again, the minutes of the P & Z meeung are in your packel The1r design was to t•y and onclude an extra
r,ag thelf Intent was not to address tho BID's request Theor intent was to work on the Sign Code, 1nctudlng
flags One of lhe things they talked about was not doing ·sale' flags throughuut the entire City . They also didn't
want to permit ·sale" flags for part of the City and not the rest of the CI1y. I think that Is why you are
see,ng .. their proposal Is a BID flag , not a ·sa1e· flag and rt ,s 101 any Business D1stnct lhat forms throughout the
Crty So. what they dtd is they stepped away from the BID's proposal and they addressed nags throughout
Englewood
Council Member Wilson said can we Just address the one flag BID? City Attorney Brotzman said yes you
can yes you can, but that's a political decision regard'"!I au of your other business constttuents.
Mayor Woodward said, now .
Councd Member Wilson said I guess my feebng is that thts Is a cer1atn group ,t Is not to say that other Dostncts
would not be allowed to use It or have ti .. but they have come forward And this Is a business group that 1s
gtvtng back lo the community. I mean It Is just not a business out there having a sale
So, Council Member McCaslin said. can I clatnfy something? So if I own a business on the south end of
Broadway, t oould not pu1 out a ·sa1~ today" sign hke I see down at Council Member Wuson said nghl
Council Member Penn said we wou ld have to have anolher Public Hearing for that s,gn or for thal nag? Cily
Atlorney Brotzman sa id as curren tly propos ed it does not ~•,not any "sale" signs It permits Business Otstncl
s,gns
Council Member Mccaslin said, so ti you are not In the Bl D you are nol permitted to have a flag? City Attorney
Brotzman said correct
Council Member McCaslon so you would have lo . well you can't )Otn BID nght? You would have to s1art your
own City Att01ne1 Brotzman said correct
Counctl Member Wilson said you could slart your own
And, Council Member Oa~tey said , BID cannot have a flag lhat says ·saie· on tl Right? Coty Altomey Brotzman
said as currently proposed
Mr Oakte;, said ol<ay So, In olher w01ds. what we have before us ts not what ongonaUy started out as our
ongmal ,ntent
Counci l Member Wilson said so how do we gel lherl •?
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Council Member Jefferson satd can I ask one more qutck quesllOn and I think It may help us a little bot So
then ,s that just say,ng that lhe BID approved nag ,s approved? The one that they approved to be their offictal
flag I mean. I didn't understand ... ls that correct? Clly A!lomey Brotzman said correcL Mr Jefferson said okay •
So. lhen lhal would allow lhem a lot of ftex,biltty. ""' .. ,anl ,ogive lhem that flex1b1hly lo allow for the llag of
their chot<:e
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Englewoo d City Cou nc il October 20, 200 8 Page 21 Mayor Woodward sa id yo u mean the flag lhal the y have submitted? And , Counc il Member Jefferson said , 1,,ey could modify 11 at a future dale 1f we were to allo w Just a BID approved flag , because 1I would be at the ir d1scret1on lo approve whatever flag they chose Counc il Member Oak ley sa id I have two things here . We are no' add ressin g what we thought we were and if we do then I'm not sure I want to give them carte blanche . Coc~ci t Member Jefferson sa id I hea r l Ju But. Mr .
Oa kl ey sa id, we have to decide something here
Counc il Member Jefferson said sure . I'm Ju st confusecl as lo what Issue did we th ink we were going to resolve?
Council Membe r Wilson sa ia I th ink we thought we we re going to reso lve at least in my mind .. hav in~ a ·sa le"
sign . And I guess we can approve that. I agree wi th Wayne I mean I understand they may wa nt a 41' of July
flag and Christmas flag and all that.. but. I'm a li ttle concerned doing that, without some restrictions or some
guide li nes or something . Bui I unders tand the ·sa le" flag and then we have to have a Public Heari ng
Council Member Jefferson said if they did put up a flag ... let 's say In the future we gave them , .. whatever flag you
guys approve ... and then at some point they put up a flag and we don ·t like that flag . Then we co uld go back
and amend it nghl and say only the x. y, z type flag? Ci ty Attorney Brotzman sa id yes . Wh ich goes back to ... to
amend Tille 16 in lhe future , you would have to ha ve another Pub li c Hearing be fore Pla nning and Zo ning Mr
Jefferso n said I see . In order lo make that change we would have to have another Hearing .
Counci l Mem ber McCas li n sa id why wou ld we want to give direction now, if we are going to tal k about flags
about ho lidays and other eve nts ... instead of say ing well we can 't do it now and the n we wilt address !he other
issues later on . Why not , if we are go ing to address it , address it right now ... instead of having them keep
coming back and say ing okay ... nowwe want this for this eve nt and now we want this for this even t?
Council Member Jefferson said I gue ss my personal opinion is that it is not that big of a deal. I mean we wa nt
the BID to be ab le to advertise and br ing In more sa les for us . They are not go ing to do anyth ing thal is not
aesthetically pleasing to the bus inesses . But . that It is Just my personal opinion And I understand t~e idea that
we don 't want lo lel them jusl do anyth ing they want to do. I guess my point Is. let's give them an opportun ity to
be flex ible . I think they were already sort of frustra ted at the speed .. , I think tha t is an expectation thing . But I
think they are already somewhat frust rated with the process and I'm ju st think ing ters 1us t let them advertise
the ir bus inesses .
Cou ncil Member McCashn sa id do we have any other issues in the City con~ernlng the Sign Codes , mura l
codes? Council Member Jefferson said sure , I hear you . So , Mr . Mccaslin said, we open a can of worms
Council Member Jefferson said I think the comprom ise is approvi ng what Is showing here ... what Is depic ted
here. Is that the option? City Attorney Brotzman sai d yes , And the question P & Z wa s trying lo wrestle
with ... lhe questions you are talk ing about. .. is it j ust for the BID that you are talking about wanting to expand
·sale" signs or throughout the City , so any business could have a "sale " flag .
Council Member Mccasl in said I agree with you Dan . Just because 11 is the BID's idea ... if I was a bus iness
owner and I saw certain parts oflown could do it and I couldn't do IL.I'd be .. because I didn 't wan t it...either to
start my own BID or I was just starting a business and I wanted to advert ise a sa le today ... ! mea n it is unfa11.
Council Member Jefferson said I ag ree with you . I for allowing ·sale" signs th roughout the City persona ll y.
Council Member Moore sa id I will lake one sh ot al compromise . Is there anyway we can move th is to the Pubhc
Hearing ? Or rather than sitt in g here and trying to resol11e all these ... is there a better way we can pass this
ton ight and frame it , to help ge t out of the Pub lic Hearing, wha t we need? And I don 't know if that Just mea ns
pass it as is or if we need to take anothe r step now tha t bette r positions it, but . . Council Member Wil son said
he ar what the pubhc has lo say. Mr . Moore said yes Bui, again, I think the better we do about going into It
stating ou r major concems ... it wou ld invite more directed comment from the pub li c
Council Member McCJ shn said can I ask you a quest ion? Because in the Pub lic Hearing we wi ll get a lo l of the
BID people .. most of the BID people The others may not even show up So , 11 is going to be directed mainly
Englewood City Council October 20. 2008 Page 22 from BID and I don't think the other owners, or the other business owners are going to have that Input So, we are go,ng to give dorectoo to say yes we want 11 I would hope they would be open lo opening 11 up 10 the whole C,ty And I don't think we are going to get a fair share of all the buslflesses ,n Englewood and that r.; my only concern John But I agree with you I agree with a 100% Council Member Jefferson said Just a point of referen0e I don't think the B•D would be oppo5'Jd to allowmg
signage everywhere else 1n the City Council Member McCashn said okay right Mr Jeffer!>On said I th,nk
whal 1s on their agenda 1s let's get signs ,n our Mayor Woodward sa,d I think that came from P & Z didn't 11?
Isn't that were that concern came from.
But , Council Member Jefferson sa id, Bob bnngs up another point .. of fa irness to the rest of the community,
Council Member McCast,n said I Just want lo make sure
Mayor Woodwafd said as I recall the BID had two kems they were lootmg for One was the flag to say "sale
today" and b~at dale the day of the sale was the last Saturday of the month Can we approve this layout lot
the flag for the last day of the month And that Is It Councd Member Jefferson said I w,ould be okay with that
Mayor Woodward said and then move forward to the Public Hearing to get public input and to try to more fully
understand this
Council Member Mccaslin said my question 1s, does that still just hmit the BID? So. if I own property up south
and I want to do the same thing I want a sale on the last Saturday of the month ... l cannot do it Is that what
you are tell,ng me? Well, Councd Member Wilson said you can 't hang the BID sign
Council Member Jefferson sa,d you couldn't hang a sale" sign at al The only other optoon would be the flags
Council Member McCashn said what I am saying ,s ... I agree with J,m. I think this would be good, but... Mayor
Woodward said ,t means that they wouldn't be able to because they do not have this logo plece right
here ... which is the BID logo So, to expa nd that area to another ... lo the south end or Broadway or
something ... would be to revise II further.
:ouncil Member Jefferson said I think we are bringing in Bob, your issue. I lhInk 1t is JUSI a totally separate
$ ue If we want to look al flags elsewhere I would be more than happy to review ,1
~ ayor Woodward satd John?
Council Member Moore said I Just want to as k a questlOn It's kind of funny t find myself feeling a httle
uncomfortable when I'm talking about a sale today I'm going lo call It. .. banner .. when It's being placed In a
category thal includes onl y the U S flag asd the State flag and the C11y flag So, that Is one quesbo n I have Is
is there not a banner category thal mig ht be .. ? If we move away from ... this Is ... and I can
understand .. maybe that ot part ol the point here the BID's ofliclal Hag and allowing thal In the BID District
Are we setting ourselves up here that we have these Hags and a "sale" flag? I'm exaggerating , but ,t Is iust kind
of odd that thos 1s on the flag category, unless thal 1s Just wh:"e banners go
0.-ector White said I might need some help from Tooa bul Council Member Moore satd I would also be
happy stanng lhat as that's whal I would like to hear aboul at !ht' Public Heanrig unless we want lo try 10
reSOlve thal
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Council Member Oak ley said good point John Is. In fact. this classified as a banner or a flag? Mr Moore sa,d
~ .
Counc:I Member Oak ley said 11 we could d1slingu1sh that, then we can come up w,th some kind or a vote I'm
hke John I don't wanl lo pul ,t ,n the category with the ftag
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Englewood City Council October 20, 2008 Page 23 Oirector Whrte said these were deSCllbed, in numerous meetmgs as BIO logo Hags, to be displayed on a pole, standing out from a buolding as any other flags would be. Businesses can. if they are doing a sale anywhere else In the Coty we do have regulations that allow them to display temporary signs for those types or events There 1s some l1mrtat1ons on the duration, etc Banners are different than flags ... they are defined differently Counal Member Oakley said pennant? What are we looking lor'I Council Member Jefferson said can ot
whatever you want .. really. Council Member Wilson said clolll sign They have ,t under sign and flag the Sign
Code and flag
Director White said we can write this very narrowly to allow jusl the d1$play of the BIO flag one day a
month and rt can conta,n words to Ilk! effect of ·sale loday" o, ·sale day" And define II very narrowty I was
Just trying 10 not have tu do this again... Council Member Wilson said can you try to find a different wo rd for
Hag? Council Member Mccaslin said yes Director White continued when !hey want to do their July 4'"
sale . and they have to go through a three month process to approve that nag
Council Member Jefferson said exactly I appc-eciate you bnnging that up That's what I was trying to say.
Allowing some nexibohty, I don't think . Is a temble thing.
Mayor Woodward said part of the nex,bHity, I thonk and Wayne you can probably correct me~ I am wrong
here ... bu1 at one lime there were problems with numerous sidewalk sales and people having their own sidewalk
sales and things like that That I can see . could get us into problems .• where all of sudden somebody
says wen now I'm 90109 to have my own sale day today.
Council Member Jefferson said a quick quesbon. You are sayi ng that ·sa1e· signs are allowed for a short
duration lhroughout the City. Is that correct? Director White said yes. And, Mr. Jefferson said, I am just having
trouble distinguishing why they need this ordinance then . If they can have a ·sale· s,gn during their sale day
Oorector White said they wanted to display this specia l nag, lhat is unique to the BIO, that contains their logo on
this one day a month And, Counc" Member Jefferson said, that wouldn't be allowed? Director White said it. ,s
not allowed. Mr Jefferson said much hke a ·sale· sign wou ld be allowed
Council Meraber Jefferson said I guess I am Just having trouble d1sllngu1sh1ng whal we would call a ·sale· Hag
and what wouldn't be allowed as a BID sign Does that make sense? Oireclor White said I think so, I will try to
answer that Mr Jefferson said thanks Director White said this flag would be displayed on a pole extending
from the bu.ld,ng, the lace of the building You can't do that w,th a ·sale· sign. Mr. Jefferson said I see. So, if
they Just wanted to hang ii up like a poster or something, that would be okay? Mr White said In their
window they could do that with a permit. Mr. Jeffer.;on said ollay I see. Council Member Oakley said ollay
Mr Jefferson said it is really lhe manner that they are tryong to display this Item That is what makes it maybe
seem more Ike a flag
Mayor Woodward said Alan Just said somelhlng and I didn't hear what that end part was Director White
said with a permit. Mr Woodward said Wlth a permrt they can hang 1t In their Wlndow Mr Jefferson said I
didn't cateh that Okay, thank you
Councol Member Jellerson said .. w,th that being sa,d 1f we do have some concerns about tlexlbihty ... l think,
Jim ... the process you pointed out... maybe just approving what's showing here ... lf everybody Is ollay with what
Is showing here • to move forward with that
Council Member Oakley said to me .. John made the point that I want to dwell on I want to know exactly what It
says about a flag .. as we see 1t can be displayed now Otrector Whrte said yes Mr Oakley said what an
American flag and a State nag? And, Mr. White said, a City Hag. Mr Oakley sa id a what? Mr White said and a
City flag Mr Oakley said and a City flag that Is the only three? Duector White said yes Council Member
Oakley said I want to leave that exactly as ,t ,sand r,nd another word for an advert1s1ng flag for a BIO Councol
Member Jefferson sa,d fair enough
Englewood Ci ty Counc i l Oclobe r 20 , 2008 Page 24 So Council Memb er Wilson sa,d , we have to find another word for flag Mr Jefferson said hung banner what about thal? Mr. Oakley said whalever It 1s , I do, I want to confuse the two Mr. Jefferson said I hear you, I hear you Council Member Moore said and also, )"SI lo be clear, what we have In front of us has no time hm1tal1on on ,t Correct? Direuor While said correct So, Mr . Moore said, I'm hearing ... not only Council requesting , but !he BID
requesting spec ,f1c 1ty to !he time lim ils. So , we need to struclure somelhing ... whatever we call this thing . ii 1s
go ing to have a 11me l1mdation differenl than the City's flag and the Slate 's flag, etc . So, maybe lhat is the
challenge . Can we jusl figure cul how to narrowly address what we want 10 do ... whatever that is .
Council Member Oakley sa id okay ... lhe only way we can do lhal is either to withdraw lhe firsl two mollons And
I would make a molio, thal we leave the wording of the flag to lhose three flags . And 1f we vote on lhat...lhen
we can come up wilh a molion on what you wanl lo do from there on , Bui thal wa y we gel the flag lhlng out of
lhe way
City Attorney Brolzman said ... do me one favor ... flip lo the last page under flags . And I understand your point
and I th ink they ciid loo They being Planning and Zoning . Because if you look at 3 (a) that is the flag of nalions ,
That is the U.S. flag , that ,s lhe State flag, that is the City flag . They then crealed lhis new calegory .. flags of
C1ly-approved Business lmprovemenl Disl ri cls . So, !hey created a spec ial calegory ... lhey aclually separated
cul lhls type of flag from lhe flag of nations I think !hey are lrying lo do what you are ask1ng ... which is ... don 'I
lump this in wllh our U.S. and Slate flag .
So, Counc il Member Moore said , let's put 3 back inlo lhe form lhat it was ... creale a number 4 ... and number 4
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will describe whal we are trying to do It will specify what this lhing is or whal II is Hmiled lo and the limeframes •
lo go with II. Thal would be a permissible conslrucl ion and lhal would leave ii completely Independent of lhe
flag issue . I'm lhink mg lhal wo uld work .
Council Member Jefferson said lhat is basically whal lhey have done ... exce pt they didn 't add the time llmil. Is
that correcl? City Attorney Brotzman nghl. You could do it as (b) and slill call 11 a flag, because I think thal's ...
Council Member Moo re said I th in k Wayne and I are lrying lo get away from flag ... perlod , Mr. BrolZman said
okay Council Member Oakley said righl, that is whal I am slill trying to do . Council Member Moore said given
that this is so specific, we can just slate what we are do in g.
Cou ncil Member Jefferson said lik e you sald ... il can be nu mbe r 4, mslead of being (b) ... 11 can JUSI be number
4 ... flags of Clly-approved Business Improvement Districls . Council Member Wilson said we can't call ii a Hag
Mr. Jefferson said oh ... banner of City-approved bus iness im provemenl disl~cts , Or whateve r word we choose
Does that make sense whal I just said? Anybody? Council Member Oa kley said most of us lh mk of a banner
as someth ing long .. Ms . Wilso n said and across . Mr. Oak le y said .. and across . bul if II were called a banner
and then the dimensions were given .. even down to lhe .... l guess th is 1s gelling a htlle ridiculous though even
if we sa id what the size would be and the type of po le ii could be hung on ... it would look hke a flag , but 11
wou ldn 't be a flag I guess lhal 1s maybe a litlle ridiculous . I don't know .
Council Member Mccaslin said my question is ... if I have a store south .. like near Bellev iew .. because I don 't
understand this ... and because I want to lake advanlage of this th in g on Broadway on a Saturday. just like BID
would .. if I pul a sign up there that says ·sale today" and I am not part of the BID ... i can't do 117 We ll , Council
Member Wilson sa id , you couldn 't put lhe sign up anyway ... because you could only pul ~ sale .. I mean you
couldn'I pul a flag type lh ing up . Mr. McCaslin said okay . But as a single business owner, I have to go out and
lry lo crea te my own Business Dis tncl. .. which I wis h I was part of the BID, but I don 'I understand . l lhink we are
jus t limitin g one part of lhe City and lhal is il...excluding or whatever . It really bothers me . II really bothe rs me .
Co unc il Member Moore said , If I may Bob ... l ag1ee ... lhal is one way lo characterize lhls ... bul the •
characterizallon from the other side would be ... we have to be very caulious aboul whal we perm ii and we are
giving the BID added llex1bihly and some of lhal flexibilily comes because they are a group of in div iduals that
have formed ii 1s not 1us1 an individual , 1t ,s a group that have gotten tog et~ ,, wdh a purpose that the City
unders tands , subjected themselves to add1t1onal laxes to serve that goal ano .o the olher view would be they
gel a l1Ule more latitude because of th e process they have gone through lo form themselves Tha t would be th e
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Englewood City Council October 20, 2008 Page 25 way 10 balance those two v ,ews But you are absolutely nght We could be broadening this bul then 1ns1antly I gel 100 concerned abo~I losing 100 much control over what happens Council Member McCashn said here ,s what I don'I understand We want 10 generate revenue sales revenue why wouldn't we do ,1 throughoul the whole C11y you know Federal and Belkw,ew South Broadway the Swedish bus iness d1stnct? Why wouldn't we wanl all lhe areas. instead of 1usl the 810 area?
Council Member Wilson said BID Is lhe one who came 10 us Mr McCaslin sa,d I understand Iha\ But as a
business owner d I r,nd a really neal property up on South Broadway and I don't have lhe opporturo,ty lo 10m 11
or slart my own. then you are limit,ng my abih1y lo pul out a ·sa1e· s,gn I lhillk lhal Is wrong We tall< aboul
cons1tlul 1onahly I think lhal 1s wrong
Counol Member Jefferson said I hear you .and the only thing they are limlled 10 ... and this Is what Alan was
po,nbng out was you could sbll have a ·sate· s,gn ,n the Wllldow The only thing you couldn't hang would be
what is pictured here Righi? City Attorney Brotzman said ... and going back to what Planning and Zonrng
recommended lo you .. not this piece ... bul lhe end of Alan's memo said they would hke lo discuss ·sate·
signs ... 11 Is a d1fferenl part of the Code ... and I assume they are going lo talk aboul applying II lo all of lhe City,
rather than the flag they iust saw rt very differently and they are saying they are not opposed lo making
recommenda110ns about ·sa1e· signs or limibng ft to sidewall< sale days or any of Iha!, but they are saying Iha! IS
ad fferent section of lhe Code ... oflhe UDC ... and they would like lhe opportunity to make a recommendation to
yo11 ... if you are ta lking aboul genera l 'sale" signs lhey would like an opportunity lo make a recommendation.
Whal their proposal was we are env,sloning the BID wants lo hang lhese banners nol what BIO
requested but all the bme So you could leave yoor flag out al the time
Counci l Member Oakley said maybe this would help you Bob I agree with you ... the 4600 block ,s )usl as
Important 10 us as the 3400 block. Mr Mccaslin said absolutely But, Mr. Oakley said, a flag by 11sell In the
4800 blocl<, on one business 1s not go,ng lo draw anywhere near the attention as flags in the 3300 and 3400
block on every BID business So. even though in theory we want lo g,ve them the same opportunity. they are
not go,ng 10 gel it But, Mr, Mccaslin sa,d, here's my poinl. So. everybody knows, after you start do,ng
th,s . everybody knows that every last Saturday of every moolh Englewood has sales . Because lhal Is whal we
are hmrung 1hem to .. or holidays So. Why can't I, as a business owner on South Broadwa y put a sign up and
say I have a sale today loo I 1ust don't understanel u K-Mart we allow K-Mart lo do advertisements every
day. I mean why are we hm111ng lhe people that are nol part of the Business District . why can 'l lhey have the
same opportunities? Council Member Oakley said I guess lhe answer is slmply ... because they arc organized .
And that's maybe not a good reason Mr McCaslln said I'm an owner coming on .. with a spec,alty shop and I'm
not organized with anyone else. I'm doing my own thing .. I don't know I have a real problem with this. I always
have had with BID. JUSI ,solahng their httle area and forgett,ng the rest of Englewood
Council Member Moore said P & Z has a preuy fair compromise In front of us which Is . Forgel lhe sa le,
because ol lhe d,scontmu,ty that creates, and let them recognize lhe,r organization Mr McCashn said n~,. I
agree with that So. Mr Moore said, lhal IS why lhe BIO ffag nothing but the logo and the idenbficabon of the
BID has appeal to ,1 lhey might accomplish their goal If they p,ck a colo( that stands out and they an
agree pul you r flags up on Saturday they will end up sending lhal message without creating these other
issues So, I rea lly thmk P & z·s proposal has some very m1eres11ng menl
Council Member Oakley saKI the flags not nags whatever w1n have lo be put up ,n mass. before they will ao
any good
Counol Member Moore said actually I think flag becomes an appropnate term when we lake 'sale"
off because just hke we have the City's flag ... lh,s ts the flag of that organlzallon. Once you slar1 uS#lg it to
advertise a sale you Mr Oakley said lhal is lhe polnl. .. and I think that ,s what BIO wants They want thal on
there Council Member Moore said well, rig ht .so, maybe we can't go lhal far Alan had something lo add
Oiteclor Whole said 111 all fairness lhe Planning and Zoning Commission did no1 see this We only got th,s last
week This 1s the first hme that we saw an ,mage of what lhe BID wanted to d,splay As I said, and l'W stress
ogam ,1 was lalked about In various meetings as a 1'>QO flag To me lhal means a nag w11h 1ust the logo on ,t
and no other lellenng Council Member Moore said • 11 1s nol Counci l's memory
Englewood Cily Council October 20, 2008 Page 26 Council Member Jefferson said I think their idea accompLsh Council Member Oaktey said I don't know what they would Council Member Moore said 1ma9Ine going down Broadway and seeing two dozen yellow flags across these businesses It would catch your eye If It was taslelul and rt's the logo that area pulling together and saying
we have a unified identity So, ,1 would accomphsh something
Counci l Member Oakley said II would II would accompLsh that downtown Englewood has yellow flags all the
way down on both sides but 11 doesn'l lell people that there Is a sate Council Member Jefferson said I agree
Council Member McCashn said you are exacUy nght.
Council Member Jefferson said I think that ,s why they have kind of evolved their Idea to include those words
Council Member Moore said righ~ maybe that is 1t
Mr Jefferson said I'm pretty sure that ,s rt, beeause 1 think they did In111afly env,s I0n . 11 was desr.ribed to me
exaclly the same way ii ,s onl y a logo flag and this ls the first bme I have seen the words "sale today' Hivolved
Bui tt makes a whole fol more sense ... Just like Wayne pointed out
Councd Member Moore said I am going lo try this one more time Can we gel ourselves lo the Pubhc Heanng
with JU$! a statement that Counc,t IS somewhere In between these Ideas .or we are wrestling with these
ideas ... and defer the rest of this until we have fresher minds and we have more Input?
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Council Member Wilson said okay I just don't want the sale tlie sale lhmg to go out the window. I mean I •
suppo~ the BID In wanting that Council Member Jefferson said as do I I mean whatever we can do 10 help
mark these businesses ma coordma ted manner Is .
Council Member Moore sa,d all right Lei me ask a procedural quesllon tr we pass the o,dlnance as presented
to us .. let's just assume that what we do tonight ,s pass the ordinance as presented to us ... and at the end of the
day we lully decide ... not today, that next day .. we fully decide we want ·sa1e· flags after we gel to that Pubhc
Heanng and we go to make those changes .. how much does that reset the process? City Allo,ney Brotzman
said there will be one mo,e read,ng Mr Moore said one more read,ng, but not another Pubhc Heanng? Mr
Brotzman said no, not another Pubhc Hearing, just one more reading
Cou ncil Member Moore said then 1f we gambled and we could try to define that tonight and possibly cut out that
second heanng. but I don't have the energy for 11. I"d like 10 say let's vote on what"s here, go lo Public Hearing
and be prepared to make those adjustments after the PubllC Heanng
Mayor Woodward said let me ask Dan 1s there an exparte thing with talking lo anybody from the BID regard,ng
th,s? City Allorney Brotzman said you can have staff talk to them you certainly want the BID to come and talk
to everybody Mr Woodward said yes, absolutely Mr. Brotzman said can two of you talk 10 somebody from the
BIO • yes but you are going to gel mulbple answers I th,nk you want them to show up at the Pubhc Hearing
and say this Is what we really want Mayor Woodward said absolutely. t would have liked them to shoW up al P
& z.
Counc,I Member Jefferson said I"m sorry .. I just got totally confused So, what 1s In front or us now Is allowlng
for the BID approved flag whatever that may be ,n any manner that they may choose?
Council Member Moore said wen .. 10 be clear .. 11 won't have anything like ·sate· on 11, beceuse the language
Mr, Jefferson said Is that what we have in front or us? t thought that what we had ,n front of us .. Mr Moore
said Joe, tt 1s hm,ted lo hke the emblem and the name of the orgam1ahon City Allorney Brotzman said that Is rt •
Mr Jefferson said I thought It lnduded lettenng
Mayor Woodward said n will not advertise spec,flc businesses Bui that was changed In the going back
to where was II? The flags display only Ille name, emblem and/or logo of the o,ganIza11on and no 1nd1v1duat
busmess names
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Englewood City Council October 20, 2008 Page 27 Council Member Moore said so, what we have In front or us tonighl ir we could Just pass lhis to lake it to Public heanng Is the off1C1al BID nag No, it's nol a sa les banner and there Is also no lime limit So , we would jusl be sayill!J let's ~ 1ust gives us something 1t 1s a wO<klng title of sorts to get us lhrough the Public Heanng and. Council Member Oakley said okay, lets get to 1t lhen ... c.an we do that with the two motions we have now°' do they have to be withdrawn or iusl not ? We have a second to both of lhem. Clly Attorney Brotzman said you
have actuafly moved, so you are going to need to do something with those two mollons What John is
proposing is ... simply vote on those .. approve them .. set lhe Public Hearing and deal with 1t then
Cnuncn Member Wi!Son said and then we can change n 11 we cllOse lo? CIIY Att0<ney 8ro12man said alter the
Public Hearing Ms. Wilson said okay . Fme.
Council Member McCasl1n said we are not adopbng anything tonight City AU0<ney Brotzman said correct. Mr
Mccaslin said we are jusl going on with lhe procedure 10 discuss at a further date. Mr. Brotzman said exactly.
Ms Wilson said right
Council Member Oakley said I can't even remember whal the mouons were.
Mayor Woodward said the firs! mol1on was to approve lhls C0<rect, JUI? Ms Wilson said yes Mr Woodward
said as 1t Is written And as tt 1s written . there Is just an example .. exhibit lype he re ... !hat shows somelhing
thal is nol acceplable within this And this lakes c.are of, I think, whal John wants to do there So. tt puts tt back
to lhe Public Hearing ... the second motion, to approve the Public Hearing
Council Member Jeffel$00 said the reason we are choosing lo go lhat way IS because nobody llkes this Is that
correcl? Council Member Wilson said I don't mind ii. Mr. Jefferson said I don't mind il either Council Member
Moore said I am nol prepared to commll lo IL
Cou ncil Member Jefferson said using lhe same philosophy, we can iusl use that as starting point to move
fOIW8rd
Cou ncil Member Wilson said why don't we hear what lhe public has lo say. Mr. Jefferson said I agree ... I am
,usl saying ff we are saying that we really are not making a decision, I would prefer to approve what they have
asked us lo approve.
Counc,I Member Moore said t iusl feel th.at whatever we do requores too much reronement and we are probably
not going lo gel II perfect anyway so, lei's Just ... we've gol a recommendatoon let's take 11
Counol Member Jefferson said I agree and the only reason I suggest thal I guess •. is 10 iust Show the BID that
we are wo1kIng with them .. lhal we are tl!'(Ing lo move lhls along. Thal's my personal ... Council Member Moore
said they can read the minutes Mr Jefferson said what's thai? Mr Moore said I said they c.an read the
minutes 11 s 10 15 at night and we are sbll he1e lalk1ng about whether or not the Oag should say ·sate·
Councd Member Jefferson said I think there IS somethmg to be said f0< lhal though In discussions wilh them,
they don'I think ou, process 1s fast regardless of whether that's true or valid or nol IS a tolaly different po,nt
My though! Is let's )usl posihon ourselv es lo be accommodating
Mayor Woodward said I have one problem with that Joe Al the P & Z Heanng they didn't show up Cound
Member Jefferson said so we wanl to penalize lhem, whal Is ... Mr Woodward said that was tho opportunity.
that was the big important part Then. I know Alan had asked our D,rect0< of CD, had asked numerous bmes
for this nag Show us .. , give ,1 to us And then ~nally, attar the hearing and an tllal here It comes So, yes, you
c.an blame C11y Council. you can blame slafl and you can blame everybody in th e building, but d's lhem They
have lo Sland up and be accountable
Councd Member Jefferson said I agree bul lhat's whal I am saying why are we being adversar,al? Let's Just
partner With them Mayor WoodYiard said that ,s why I say let's approve this. get it mto a PubllC HeaMg and gel
them nere
Englewood City CouncU October 20, 2008 Page 28 Counal Member Jefferson said a 11 am suggestmg is approve what they have S1Jbmil1ed to us and be able to make lhe dec,s10n from there Council Member Oakley said lel s call for the vote
Counal Member Moore said either thal or Joe you can make a mot10n to amend what ,s m front of us Most ol
us 1usl want 10 move lorward
Council Member WIison said but we wiH sl,11 have to have a Pubic Heanng correct?
Council Member Jefferson said then I will make a molJon Is g okay that I seconded those olhef motions and I
am malung another mobon? Crty Attorney Brotzman said yes
Council Member Wison said then WIii we need a Public Heanng Dan? Attorney Brotzman said no matter what
you a,e going to have a Public Hearing
Mayor Woodward said motJOn number one is what we are d1SGUSS1ng right now
Council Member Oakley said so we have two motions before us now and we are 901119 to gel a third? Mayor
Woodward said we are going to get an amendment to the first rnobOn
Council Member Jellerson said allay And I WI.II make that amendment to read under (3) (b) lo have It read
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only the name. emblem, logo of Ille organlzat,on and lettering, with no individual busmess names. So. 1 would •
Just add lhe words ·arid lettering"
Counal Member McCaslln said. but that wasn't on the ong1nal Council Member Jeff= said correct I am
making an amendmenl
Council Member WIison sa,d I would like rt to have .. shall we specify Ille lettering lo say sale? Mr. Jellerson
said if that would make ~ any more acconvnodabng to anybody else yes. But like 1 saod, I am 1usl moving from
the perspect,ve of being as flexible as possible and being as accommodating as possible to our partners ,n our
community Ms Wilson said I agree
Council Member Moore said ~ needs a second Coonal Member Wison said al nght Council Member
Jellerson saod did I hear a second lrom Jin? Ms. WIison said I thought I heard a second, but I wil second a.
Council Member Moore said no. he needs a second Ms Witson said I wil second 11 Mr Moore said okay
COUNCIL MEMBER JEFFERSON MOVED, AND COUNCIL MEMBER WILSON SECONDED, TO AMEND
COUNCIL BILL NO. 69, 16-4-13 (E) (3) (B) •••• BY ADDING "AND L.ETTERING " AFTE.R "Of· rHE
ORGANIZATION".
Councll Member Jefferson said what do we say we are amending d first? Counal Member Morre said we are
just vohng solely on your arnendrnenl Mayor Woodward said yes
CourlCII Member Oakley said anylh,ng I don t under.<tand, I am not go,ng l.o vote for Mr Jellerson said ,.,.-
enough
Vote results on motion to amend Council 8111 No, 69:
Ayes Counol Members Jellerson. Wison
Nays Council Members Penn. Mccaslin. Moore, Woodward, Oa~ley
MotJOndelea!ed
Councd Member Jellerson said so now Ille ong,nar> Courd Member Moore sad yes •
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Englewood City Council October 20, 2008 Pago 29 Mayor Woooward sa,d now we are now voting on the ong,nal Agenda Item 11 (al {ii) as ti stands Council Bill No 69 without any changes Please vote Vote results on motion to ;ipprove Council Bill No. 69:
Motton earned
Ayes Coonal Members Penn McCashn Moore Woodward Jefferson, Wilson. Oakley
Nays None
Cou ncil Member Jefferson said now the Public Hearing
Council Member Oakley said t will state that the only reason I voted yes Is because I want to move 11 on I don't
agree with this, but I war.: :o move II on CoonciJ Member Moore said that ,s all any of us are saying
Mayor Woodward sa111 nov. we vote on sening the Public Heanng Is there any dlscuss,on? I don't thmk so
There was none
Vote results on motion t o sot a Public Hearing on November 3, 2008 to consider Council BIii No. 69:
Mollon earned
Ayes Council Members Penn. McCasltn. Moore, Woodward, Jefferson,
Wilso n, Oakley
Nays None
('") Otrecior Kahm presented a recommendalJon from the Public Worlts D.?partment to
adopt a t»I for an ordinance amendmg the Englewood Municipal Code penammg 10 Coricrete Ubltty fees He
said as you know the Concrete UUhty was ong,nany created in 1997 to provide us a vehicle for mainta,mng the
City's COl'IC(ete infrastructure In lhat onginal ordinance. the fees were established at about 7 ~ cents per square
fool With 6. 7 million square feet of concrete In the Crty, that generates a httle over $520,000 00 a year We
haven't had any fee Increases since 1997, as a resull of that we were able to do about a third of the work ,n
2008, that we were able lo do In 1998 So, lnllatlon has pretty well torn us apart. The ordinance lhal is Ldforc
you tonight ,s to amend the Code, to allow the City Council to adIust fees by resolution In the future Thai ,s
what the change actually Is Our plan would be to be back here after the second reading on November J''. with
a resolubon recommending a fee Increase of about 25% for 2009 What that does. 1s 11 ra,ses ,t from about 7 8
to 9 7 cents per square foot and generates about $130,000 00 a year It raises tho cost to the average 50 foot
property, by about 50 cents a month
Council Member McCashn said 50 cents a month? Mr Kahm said yes
Counci l Member Moore said I have a queslton for Mr Kahm This Is merely changmg th e structure for how we
create Ihe increases? Mr Kahm sa id this ,s merely changing Iha slructure We will be back with a reso lution 1n
two weeks Mr Moore said I think the consens us of Councl l ls that resotut,on will have a mullt-year increase in
,t Thal 1s my recollecllon so when we see that resolution Mayor Woodward said I reca ll the resolutton
would be for two years because we are doing ,t by resolution we have the opportunity to look at the third yea,
then
Ouector Kahm said you would hke the first resolut1011 to take care al two years? Council Member Moore saJd
yes 25% for bofi years Mr Kahm said I understand Thank you Mr Moore sa,d thank you
COUNCIL MEMBER MOORE MOVED, AND COU NC IL MEMB ER OAKLEY SECONDED, TO APPROVE
AGENDA ITEM 11 (al (Ill)· COUNCIL BILL NO. 73,
COUNCI L BILL NO 73. INTRODUCED BY COUNCIL MEMBER MOORE
A BILL FOR AN ORDINANCE AMENDING TtnE 12 CHAPTER 8. SECTION 6 OF THE ENGLEWOOC'
MUNICIPAL CODE 2000 PERTAINING TO THE USER FEES FOR THE CONCRETE UTILITY AND
CONCRE,.E UllLITY ENT ERPRISE FUND FOR THE CITY OF ENGLEWOOD COLORADO
Englewood City Council October 20, 2008 Page 30 Mayo, Woodward asked ,1 !here were any further d1scuss,on queshons There were none Vote resulls: Ayes Council Members Penn, McCasltn, Moore , Woodward , Jefferson. Wilson , Oakley
Nays None
Mobon earned
Director Kahm said thank you so much
(b) Approval of Ordinances on Second Reading
Council Member Moore said I have a procedural question Can I move lhe second reading issues in a group?
Crty Attorney Brotzman said yes
Council Member Moore said You, Honor, if you don't object. I wm read these and make a mollon on al four of
them.
COUNCIL MEMBER MOORE MOVED, AND COUNCIL MEMBER WILSON SECONDED, TO APPROVE
AGENDA ITEMS 11 (b) (I), (II), (Ill) and (Iv).
Council Member Moore said these are the second reading of the bins that adopt lhe Budget for 2009,
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appropriate funds and then also approve the Budget and appropnate funds for the Wastewater Treatment Plant •
Again, lhese are an on second reading
(I) ORDINANCE NO. 61 :if.RIES OF 2008 (COUNCIL BILL NO. 61 , INTRODU CED BY
COUNCIL MEMBER WILSON)
AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD, COLORADO FOR THE FISCAL
YEAR2009
(ti) ORDINANCE NO. 62, SERIES OF 2008 (COUNCIL BILL NO. 58, INTRODUCED BY
COU NCIL MEMBER McCASLIN)
AN ORDINANC!:: APPROPR IAT IN G MONIES FOR ALL MUNICI PAL PURPOS ES IN THE CITY OF
ENGLEWOOu, COLORADO. FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2009, AND ENDING
DECEMBER 31 , 2009. CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE
FISCAL YEAR 2009
(ltt) ORDINANCE NO 63, SERIES OF 2008 (COUNCIL BILL NO 59, INTRODUCED BY
COU NCIL MEMBER PEN N)
AN ORDINANCE ADOPTING THE BUDGET FOR THE LITTLETON/ENGLEWOOD WASTEWATER
TREATME NT PLANT FOR THE FISCAL YEAR 2009.
(Iv) ORDINANCE NO. 64, SERIES Of 2008 (COUNCIL BILL NO 60, INTRODUCED BY
COUNCIL MEMBER McCASLIN)
AN ORDINANCE APPROPRIATING MONIES FOR THE LITTLETON/E NGLEWOOD WASTEWATER
TREATME NT PLANT PURPOSE'.;; IN THE FISCAL YEAR BEGINNING JANUARY 1, 2009, AND ENDING •
DECEMBER 31 , 2009, CONSTI-.-UTI NG WHAT IS TERMED THE ANNUAL At0 PROPRIATIO N BILL FOR THE
FISCAL YEAR 2009
Mayor Woodwatd asked if !here were any d1scussoon
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Englewood City Council October 20, 2008 Pago 31 Mayo, Woodward said lhe only point I want to make ,s that I think we as a Council and the F1nar 0.e D,recto, and Finance Department are prelly comm,tled to watch our budget and dunng these uncena,n t,me,i to be very aware of what ,s 9011l9 on Mayor Woodward said ,f there ,s nothing else, please vote
Vote results:
Mol,on carried .
Ayes Council Members Penn, Mccaslin, Moore Woodward, JcHersoo,
WIison, Oakley
Nays None
(c) Resofu11ons and MotJons
(1) Director G!yglewicz presented a recoovnendation rrom the Department of Finance and
Admirustrabve SeMCeS Department lo approve a resolut10n aulhorizing a supplemental appropnatoon of
$69,000 00 from the Land•cape and Fine Arts Fund for lighbng Improvements, concrete and t>lectncal repalfs
and holiday decorat10ns. He said the money Is being lransferred to the Public Improvement Fund and of those
monles ... l should mention that the Business Improvement District is going to spend $7,000.Cv as well So, the
total uses of those funds, with that $7,000.00 Is $12,0000.00 for Holiday hghling, $17,000.00 for electrical and
concrete repairs and $47,000.00 for the globe replacements on Broadw2y, for a total of $76,000.00.
Mayor Woodward asked ,f there was a mobon to approve Agenda Item 11 (C) (1)
COUNCIL MEMBER OAKLEY MOVED, AND COUNCIL MEMBER PENN SECONDED, TO APP ROVE
AGENDA ITEM 11 (c) (I).
A RESOLUTION TRANSFERRING FUNDS FROM THE LANDSCAPE AND FINE ARTS FUND TO THE
PUBLIC IMPROVEMENT FUND FOR LIGHTI NG IMPROVEMENTS, CONCRETE AND ELECTRICAL
REPA IRS AND HO LIDAY DECORATIONS.
Mayor Woodward asked if there was any discussion
Mayor Woodward said I have some dtSCUssion We have S12,000 00 lor Holiday lighting we have discussed
this numerous bmes The BIO has come forward with providng up to S7.000 00111 funding If we are providing
$12,000.00 and they are prOVlding 57,000.00 that would be $19,000 00 ,n hght1ng for one year ol hght,ng on
B10adway Where my question has been .. when the BID came forward with what I believe was $6,000 00 to
$7,000 00 ... were they basically saying we will spill the $12,000 00, which would give us the opportunity lo do
lighting on Broadway for two years, instead of this only being one year. I mean we are going to have a real nice
lighting show for one year . and that is il Th is Is coming out of a fund that Isn't being refunded at a rapid basis
Do you know the answer to that Frank? I kn ow that Parks and Recreation has been working on this and was
suppose lo have bids last week t believe.
[)Jrector Gl)'gieWtcz said I am not sure I was JUSt told lhat they were contnbuhng $7,000 00 for this proiect for
this year
Counctl Member Wilson said I dOn'l know that they necessariy thought it was only going to be for a year. I jusl
know thJt they said they would give $7,000.00. I'm sure they would be happier if that ls going to be two years
Mayor Woodward said I am nol asking abcut the BID. I would expect them to be one year and the City to be a
year and then next year d~ lne same thing So it Is a two year program .
Council Member Jefferson said my understanding was $12,000 00 covered us this year and we were go,ng to
pull back our $12 ,000 00 down to $6,000 00 Since the BID came with their money That was my understanding
Council Member Wilson said I was thinking the $12,000 00 was the year Mr Jefferson said yes 1t was lhe
total for the year Because I remember S12,000 00 being allocated befo,;,, BIO evef came through with lhat
Englewood City Council October 20, 2008 Pago 32 money And I remember heanng from someone Mayor Woodward sa rl tt "asn 1 ~-localed n was d,scussed Mr Jefferson said sure II was lhrown out there as oe,ng S12.000 00 belc • Ihey •~er came thtough wtth lhe morey So, Mayor Woodward said , are you saying then Joe, we should change I~· , 12,000 00 to $6 ,000 00? Council Member Jefferson sa id from our end yes T hal would be my understand,. Mayor Woodward said !hat wou ld
be my understanding also Anybody else?
Counal Member Penn said I thtnk that ,s the way I understooo ,1 also
Council Member Oakley said I certainly didn't Intend for ,1 10 be an annual thing r;o I wou ld propose ne,1 year
that we put in al least $6 ,000 00. We'll see what~ does this year We arc certainly going to have more IhIs
year than we have had In the last few years.
Mayo, Woodward said yes. Sowhal we are looking at d01ng Is modlfylng tl>e $12,000 00 for Holiday lighting to
$6,000 00 and reducing the $69,000.00 to S63,000.00
Couricd Member Oakley said Jim, does that then leave more morey available lo, mo,e globes and stuff hke that
then? Mayor Woodward said no, they have $17,000.00 for electrical arid concrete repairs and $47,000 00 for
globe replacements
So. Council Member Oakley said , so In other words , !here will be $5,000.00 or $6,000.00 more left In the fund?
Mayo, Woodward said correct. there Is still $6,000 00 left on the fund already Mr Oakley said I thought we were
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maxing out that fund Mr Woodward said no we are not because with this there ,s $6011 00 left ,n the fund •
after IW!al was l)(oposed So. now theie would be S 12,000 00
Council Member Jefferson said I am just thinking out loud here Is there any possibility that somebody had
planned for us to allocate th is 512 ,000,00 and then take the BID money and put It somewhere else? Is there an
accounting issue there? Council Member Wilson said no.
Council IAember Moore said Frank can wi. verify the numbers I don't know ,f I rrnssed thts .• the 12 and the 17
arid the 47 add up to 76, not 69 t JUSt wanted to make sure Council Member Jefferson said 76 monus 7 ,s 69,
,sn't tt?
Council Member Oakley said can we even vote on this?
Council Member Jefferson said I don't know who put lh1s together
Counal Member Moore said ts that what ,twas? That must be the difference That must be where the
difference is Council Member Jellerson said that makes a lot or sense. doesn't ti 76 and 69
City Manager Sears said the City Is appropnahng 69 and the BID Is gIvIng us 7 Mr Jellerson said that must be
the intent
Council Member Oa kley said so ,n fact we did max out our 69 Thal Is my unde rs tanding
Counat Member Moore said we are down lo
Council Member Oakley sard I think this ,s what I brought up In Study Sessron, that we go ahead and sperld that
69,
Mayor Woodward said but on the back page here Fran k, doesn't II say here .. financial impact the appropriation
will leave $6,011 00 In the Landscape and Fine Arts Fund? Director Gryglewlcz sa,J t~n t is true I believe wha t
happened was there were more monies that were taken In alter the Study Sess,on o,•, ;,on Mayo,
Woodward said olcay
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Englewood City Council October 20, 2008 Pago 33 Council Member Oakley said more than tne 69 Okay Coonc,I Member Moore said ,n the Resolut10n ,,self doesn't talk about the S7 .000 00 needed 10 get down 10 the $69,000 00 101al So, we need lo be more clear about lhal Counci l Member Jefferson said I agree So 11 should be funds be used for what would that be $5,000 00 for holiday lighting conect? In that 4" Wh~reas ,n the Resolutt0n
Council Member Oakley said okay , should we pull this and bnng rt back 1n two weeks? Council Member Moore
and Jefferson said yes Mr Jefferson said good call Mr C1akley said lake my vote off Council Member Wilson
sa,d lake my vote off
Because, Mayor Woodward said, there has been no app,opn.:1,on of funds on tn1s Counci Member Jefferson
said 11 makes no sense
Council Member Moore said where are we? Old we already have a motion and a second? Council Member
Jefferson said I believe so Council Member Oakley said I have already voled . I know !hat Council Member
Moore said same here Mr Jefferson said lhal must mean somebody mus! have seconded I wouldn'I have
pressed that button unless somebody seconded
Council Member Wilson said how about we move to table il unlll I1 Is redone
Crty Attorney Brotzman said why don't you do lhls why don't you continue ,1 10 the next meeUng
City Clerk Ellls said I can resel the vole. Council Member Oakley said thal would be better
COUNCIL MEMBER WILSON MOVED, AND COU NCIL MEMBER MOORE SECONDED , TO CONTINUE
AGENDA ITEM 11 (c) (I) TO THE NEXT CITY COUNCIL MEETING.
Ayes Council Members Penn, McCasbn. Moore Woodward , Jefferson.
Wilson, Oakley
Nays· None
Mo11on earned
Counc,I Member W;lson said I would like lo have a b<eak
Mayor Woodward said I would like 10 propose 10 Council lhal from now on al approxlmalely 9:30, when we
have these long mee11ngs thal we take a 5 10 10 minute break Counc;J Member Oakley said I don't disagree
w,th that at an Council Member Jefferson said I th111k 5 would be adequale Counal Member Moore said lhal
would be my preference
Th~ rneetmg recessed al 1 O 35 p m
The meeting reconvened at 10 4 t p m wrtll all Council members present
(11) Director Gryglew1cz presented a recommendation from the Department ol Finance and
Admln1stral1ve Services Department lo approve a resolu110n aulhonz1ng an amendment lo the City of Englewood
POiice Officers Pension Plan increasing contribul,ons to ten percent He said when lhe contract was negotiated
thJs tasl lme for 2009 lo 2010 whiCh Counci did approve with Resolubon 66, Series of 2008 lhe Pohce
Officers bargained for and received an Increase ,n the City's contribution lo the,r Penst0n Plan from 9 to 10%.
which w,11 oosl, approximately, $39,000 00 In 2009 and will increase as wages 1ncrease ,n lhe oul years
COU NCIL MEMBER MOO RE MOVEO, AND COU NCIL MEMBER McCASLI N SEC ONDED , TO APPROVE
AGENDA ITEM 11 It) (II)· RESOLUTION NO. 75, SERIES OF 2008.
RESOLUTION NO 75 SERIES OF 2008
Englewood City Council October 20, 2008 Page 34 A RESOLUTION AUTHORIZING AN AMENDMENT TO THE IC MA RETIREMENT CORPORATIO N GOVERNMENTAL MONEY PURCHASE PLAN & TRUST ADOPTION AGREEMENT FOR THE ENGLEWOOD POLICE OFFICERS 401a MONEY PURCHASE PLAN (PLAN) Mayor Woooward asked 1f lhele was any d1scuss,on There was none
Voto results:
Motion earned
Ayes Council Members Penn, McCashn, Moore, Woodward, Jefferson,
Wilson. Oakley
Nays None
12 General Discussion
a, Mayofs Choice
(t) Mayor Woodward said the very f11s1 ,tern that I'd like 10 mention vote early II you
have ma il in ba1lots, ll's being sugges ted that you mall them In early c,tyCemer has Early Vot ing that began
today The hours are posted II has been recommended that you vote early and Arapahoe County 1s expecting
to be sla mmed at the end They are hoping that everybody will vote early ii they can
(Ii) Mayor Woodward said I'd like to bnng up Joyce Parson's request about extending to
•
employees retired employees recreation center beneflls Thal ts I beheve, bemg Judged as a resident. as •
opposed to a non-resident I can't imagine that th,s ts a big dollar amount We provide a reducbOn to non-
resident busmess owners and the11 famdies t personalty tlnnk that for ex-employee s that do not kve wrthln the
C,ty that that's something that we could provide for rebred employees Council Member Moore said Jim, rs this
something we should ask the Parks and Recreat,on Commrssion to give us their opinion about or ,s this
something that we shou ld decide? Mayor Woodward said maybe we should pass It on Council Member
Oakley said ,t was proposed, as I understand It, lo Jerrell and he said the only way n could be done ,s to go
be fore the City Council, and I think that's why Joyce ca me But that's not say in g th at they would be ,n favor of ,t.
one way or the other They were Just told that's the way It would have lo be Council Member McCaslln said I
would love to get their input Mayor Woodward said Bob 1s the ha1son, and as a member of the Parks and
Recteallon CommiSSIOll, I would like to see what thelf recommendat,on would be Council Member McCasbn
said t would like to bnng 11 in front of them Mayor Woodward said okay Council Member McCashn said and
then bnng d back here to Council
Council Member Penn sa,d another p,l!"e to this and I've had otner people come lo me are teachers that are
not hving w1th1n the Crty and they would hke to use the facih11es too, al a non-residents' rate also Council
Member Wilson said you mean al a residents' rate? Council Member Penn said yes a t the res idents' rate, nght
So. t think that's another part that we might look at, but I think that should be a d1scuss,on for Parks and
Recreation
Mayor Woodward said go,ng 810119 with our memorandum earlier lhrs summer wrth regard to a healthy City, as
far as employees and t think what I brought up for Che school d1stnc1 agenda ton,ght I would agree with you
Randy Counal Member Penn said I think ,t should be discussed I don I know what they COUid come back with
and 1f Chey would have a doHar figure on that or not Council Member McCaslln said l'I dehnrtely bong that up to
the Parks and Recreat,on Commission.
Cou ncil Member Wilson said It may be the difference too, whether they use the lac,hty al an or ii they w,n use ,1
now ,1 they gel a red uced rate, which may increase revenue •
Counci l Membe1 McCashn said help me ctanly They're Just asking for the benefit ol us,ng the tac1l1ties at
residents' rates? Counc,I Member Penn said yes Mayor Woodward said thal ,s my understanding Council
Member McCashn said I thought she said Counctl Membe1 Jetter"..on said I didn t think ,t was al a reduced
rate I the.ugh! rt was a1 no fee Thal s what I understood Counr:tl Member McCashn said thats what I heaid
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Englewood City Council October 20, 2008 Page 35 Council Member Moore asked whal do employees gel? Coly Manager Sears replied we get free access lo the Recreahon Center Councd Member Jefferson saod lhal's what I heard Council Member Moore said that's what she asked for Coty Manager Sears !<aKI rt was not a reS!denloal rate, but free access, as t understood her to say the ex-employees not theu family
Council Member Moore said Just going back to what we're asking input from Parks and Recreation on the
request was made that former emplOyees get the same access that they received as emplOyees and we'd like
the Parks and R'!Cfeatlon's optnJOn about that and then are we off. Council Member Penn said teachers would
like residents' rates, not free access Council Member Moore said then the second questJon rs what about
extending residents .. Council Member Penn said leachers or employees of lhe school distroct al residents'
rates .Council Member Moore said so we're Just asking Input from them and then we can decide how to take
aciJon
(in) Mayor Woodward sao<t Mallhew, your five dollars , the donor's fund I think would be
the proper place Matthew Crablree spoke from the audience ... the comments were Inaudible Mayor
Woodward said Frank said he would take care of il
(iv) Mayor Woodward said I Just wanted to ment10n I applied for a posnIon with the Na110nal
League of Cities, First Tler Clt,es Sl eerong Commlllee during their meeling In November In Orlando .. , thal
application will be evaluated. That's all I have. Council Member Penn said Just what you need, more lhlngs lo
do Counci Member McCasltn said you told me you were cutting back Mayor Woodward replied I am cutting
back.
(b) Council Members' Choice
(i) Council Member Penn
He said to all of the people who came in lor our UDC hearing I appreciate them coming in and giving
us their input
2 CO UNCIL MEMBER PENN MOVED, AND COU NCIL MEMBER MOORE SECONDED, TO
CONTRIBUTE $500.00 TO THE ROCKY MOUNTAIN RAIL AUTHORITY FOR DUES .
Council Member Penn said we are an acl!ve part of that and we have been kind of sliding along for the last three
or four years free. I th111k thrs ,s something we should do
Council Member Moore said just 10 be clear ... thls Is for the dues. Mr. Penn said th is Is /or the dues for the
Rocky Mountain Rail Authonty
Mayor WoodWard said the only d1scussoon ,s that I think It's only been a year, a yean nd a half, not four or five
Mayor Woodward asked 1f there was any other doscuss,on or remarks There were none
Vote resull1 :
Motoon earned
Ayes: Council Members Penn, McCashn, Moote, WoodWard, Jefferson,
Wilson, Oakley
Nays None
3 He saod a couple of thongs with the schools coming In and being good partners that we are, I am going
to make a rec:ommendahc ,1 on one of them and lel you guys do the other one I recommend that we give
$100 00 to the school newspaper, as a donabon to help them feed themselves on deadline day and as a
personal note, I would be wining to pay for one of the,r meals mysen, as an ondovodual
Englewood Ci ty Council October 20, 2008 Page 36 Councd Member Moore asked to clarify the funding Council Member Penn said I think we got a note lhe olhl!I day Mayor Woodward said within our packel Id asked Sue to discuss City Counc,I available funds. and available from the Aid lo Other Agencies accounl Is $1 000 00 and available from the A,d lo lnd1vIduals accounl ,s $500 00. so City Councd has $1 ,500.00 available ,n 2008 for d1stnbut100 So Aid 10 Other Agencies I would
lh1nk !hats
COUNCIL MEMBER PENN MOVED, AND COUN CIL MEMBER MOORE SECONDED, TO CONTRIBUTE
$100.00 TO THE PIRATEER, THE ENGLEWOOD HIGH SCHOOL NEWSPAPER.
Counc,I Member Jefferson said w1lh that being said. lhey did ask us for $200 00 Ate we nol willing to go to
$200.00? Council Member W1lsor, asked what aboul lhe second hundred? Council Member Moore said Joe I
don'! have a problem with the S200 00 Council Member Penn said bul we do have lo talk about the Spanish
class
Mayor Woodward said I thought the P,ra,cer was ... Council Member Penn said $200 00 ,s what they asked for
Mayor Woodward said I didn't hear that.
Council Member Penn said I will take a frien dly amendmenl if you want to do that, but tllat will be a discu ssion
lor everyone else. Council Member Jefferson said I'd like to give them $200.00, since we have $1,500.00 in the
kitty until the end of the year
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COUNCIL MEMBER JEFFERSON OFFERED A FRIENDLY AMENDMENT TO CONTRIBUTE S200 .00 TO •
THE PIRA TEER.
COUNCIL MEMBER MOORE SAID MY SECOND STANDS.
Vote results on motion t o contribute $200.00 to the Plrateor:
Motion earned
Ayes Council Members Penn, McCaslin, Moore, Woodwa rd , Jefferson ,
Wi lson , Oakley
Nays None
4 He said on the last one, on the Spanish class. I reany have no idea I mean. we're look,ng al whal
Bob figured out was S19. 600 00 Council Member Jefferson said I don't think they exped us to fund that
Counctl Member Penn said they said any amounl I don't know If we have money left and so I am gorng 10 leave
that up lo one of the other Council members maybe 10 make a mobon and I believe we should look inlo 11 and
lhen I will personally donale money to them also I would encourage lhem lo do more fundra,sers. which I'm
sure that they are doing
(11) Council Mem ber Mccaslin
He said lo p1ggy-back on Randy's, even as far as the Pirateer. I don 't mind helJ)lng with a meal myself,
bul I wouldn'I mind talk.Ing lo some of the Frank's Pilla or ddferenl restaurants hke that around town lo help
donate at least dinners As a Counotman, maybe thal would help If you would hke to contact me, I win help
ycu with that Someone spoke from the audience the comments were maud,ble Well. let me give 11 a shot
Again someone spoke lrom the audience .. It was inaudible We'U see what we can do
He said on the other one. again S19,000 00, I'm like Randy, I don'! know where to start on this If there
Is anyway we can help the Spanish class, even to put our signature on some thing the y might want to do ... but •
519,000 00 ,s a lot of money , so I'm going to pass on that one for right now
(111 ) Counctl Member Moore
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Englewood City Council October 20, 2008 Pago 37 1 He said regarding the Public Heanng. I JUSI wanted to again long nights like this are d1ff1C1Jlt, but the Inpu1 was extreme ly valuable Unfortuna1e:y. lhe md1v1duals were overly focused on one property , but we really can look al thal as a case study so I st1ll lh1nk we can extracl quite a brl of value from their comments , even though. aga,n . they understand that we were focused on a relal,vely narrow bit of property p,ece of property 2 He said to Mr Crabtree. I Just want to clarify for the record lhat I don't agree with your characterizatron
of my comments from last week Fortunately , public record has my words , so I don't need to dwell on 11 As far
as the Study Sessron goes there was again, I want to clarify for the record. there was no change In Council's
practoce merely a cJanf,catJon of the way a danlteabon to, your beneht of the way things wen, so donl
interpret my actions ,n Study Sess,on as being a change ,n behav,or because 11 was not
3 He sa,d I w,11 bring up the Advanced Placement Spanish class request t can 't go home without fee ling
guilty for how long they had to stay ton,ght So I wdl, at leasl make a mot,on that we support the,r efforts to the
tune of boy, th,s is hard With S19,000 00, thete's not much you can do about 11
Counctl Member Jefferson said didn't they say there were five of them . Council Member McCashn said the re's
SIX students and one adult for S2.800 00 a piece So that's S19 600 00 That's why they didn't go last time
Council Me mber Jellerson said and thats why I was saying that maybe we can give them S50 00 per person
Counc,I Member Moore sa,d thanks not fUSt for coming and asking . but they stayed way tonger than you
woold want them to have to
Council Member Penn satd John. thank you for pushing that forward .
COUNCIL MEMBER MOORE MOVED, ANO COUNCI L MEMBER PENN SECONOED, TO SUPPORT THE
EFFORTS OF THE AOVANCED PLACEMENT SPANISH CLASS IN THE AMOUNT OF $200.00.
Mayor Woodward asked d the re were comments There were none
Vote results:
Motoocamed
Ayes Counctl Members Penn. McCashn, Moote. Woodward. Jefferson,
Wi lson. Oakley
Nays None
Mayor Woodward said thank you John
(IV) Council Member Oakley
He said to delibe1ate a little more on what John said about Study Scssoos and the dee1s,ons bemg
made and Matth ew's concerns I do want to be as transparent as anybody. but I think they have to rnalize that
the reason we have Study Sessions Is to be able to talk some of this stuff through or this meeting would be
going on unbl 3 or 4 o'clock In the morning So, we have to have both and we ought t o l ry to be as transparent
as we can. but we have to have both
He said Jim and I lalked about this a liute earlie r tonight Al DR COG RTD came before the ORCOG
Board talklng about FASTRACKS and the~ money problems and what they are going to be able to do It
showed their proposals that ranged all the way from pig ahead and comp4eltng the FASTRACKS praposal
with whatever ,t takes to do rt. hke single track wh"e they use to have double. hours of seMCe and then they
had four other proposal s What I'm getting to Is that In our interest, the extension of our rail on up to Highlands
Ranch. whe1e the City property 1s concerned In my opIn10n, after looking at all of the proposals. unless they go
ahead and do the full funding on that ongmat proposal that exten5'on up to H,ghtands Ranch. Wlll be years and
years away ,fever So. ,f we want to see that happen. we would hope thal they try to somehOw do the full
funding Thats a very short proposal The other cmes ,rs dIvIded up between the haees and the have nots
Us that have lh e system now and those that felt they paid to gel rt, and they were pronused 11 and now lhey 9,e
Englewood Cit y Council October 20, 2008 Pago 38 no! sure !hat they're going to get It .they are very, very upset They took RTD to task quite heavily at DRCOG I d,d state that even though we were among the haves , everything isn't sunshine and roses down here 100, because from lhe gel go , !here was never enough parking That's What we're working on now and In RTD's defense. they are WOllting with us on that That's as far as I wen! (v) Council Member Wilson
1 She said I'm glad thal we had the Public Heanng, II was good for me to hear what everyone else
thought I extracted a couple of things from It I'm hoping .. I know how they feel about the 5% vanance, but I
feel that had maybe Mr Cumow worked a little bit more wilh the residents, lhat maybe !here wouldn't be as
much or an issue plus maybe sharing the designs of his home. so they don't think that it's going to be all
garage aoo dnveway In the front and maybe they would see that it wou ld fit In with the rest of their
neighborhood I don't know, but it was good to hear from them
2. She said I know that Matthew Crabtree had said he didn't want to ta~e a stand, bul I believe once
before you spoke at City Council and you we re for the 5% variance, In case you forgot
3. She said I feel bad for these kids, because if they were ,n a wealthier school district or with wealthier
parents . lhey would have this opportunity to go for Spanish and due lo the fact that we are not a wealthy
ne,ghbomood, it loolts like they may be squashed again I have concerns when people want to do . gel more
opportunities. I wish there were grants or something out there that they could apply for and gel
(vi) Council Member Jefferson:
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1 He said to the folks at the Pirateer, I hope that couple of hundred bueks helps out and goes a long way •
10 a,d the program.
2. He said I wish the best for the folks in the Advanced Placemen! Spanish class
3 He sa,d I also want to thank all or the folks for coming down to speak about our UDC It was very
helpful to me to see some of their arguments that were articulated quIt1 well They will certainly be considered
But I think we have a tough decision I think we have to look al what's best for lhe greater good of the City, not
Just what's going on, on Ogden Street there
4. He said I'd also like to make a mot,on to bnng forwatd an ordinance lo revoke EMC 7-6B-3 pertaining to
unlawful acts and assemblies. Thal's wh~I It was l iUed The piece Is coded Unlawful Acts and Assembhes and
that's the one that bamed cer1a111 obJects In certain assemblies that are more than a certain width and a certain
diameler .. .for slgns .. .ror pro test signs that are typically used for prolest signs that we app,oved just be'ore the
DNC and we had discussed at the prev,ous Shldy Session Just to cianfy, my motion would be Just to bring
forward an ordinance lo have us consider It at our next meeting We wouldn't be necessanly deciding that issue
tonight. My thought Is that generally with 11 be1ng ... you know, we've talked about it in Study Sess ion and 11
seems to be a contested Issue on Counci l here and I'd love the opportunity lo bnng tt back and have one more
d1scuss,on about rt In pubfJC and vote al lhal po1nl So I've got a mo110n , Is l hore a second? Mayor Woodward
asked If lhere was a second
Council Member Jefferson said this Is to bnng forward an ocd1nance that would repeal
(C lerk's note This was llsled on the Agenda as llem number 12 (b) (I) )
CO UNCI L MEMBER JEFFERSON MOVED, AND COUNCIL MEMBER WILSON SE CONDED, TO BRI NG
FORWARD AN ORDINANCE T O REPEAL 7-6B -3 EMC UNLAWFUL ACTS AN O ASSEMBLI ES.
Mayor Woodward said I will open It up for discussion There was none
Vote res ults:
Ayes Council Members Woodward, Jefferson, Wilson
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Englewood City Council October 20, 2008 Page 39 Nays Cou ncil Members Penn , McCashn, Moore . Oakley Mol1on defeated Mayor Woodward asked Is lhere anylhing else Joe . Council Member Jefferson said I guess I would Just care to commenl lhal I certainly understand everybody's pos 11ion on that issue that we just voted on I would 1ust
appreciate some comments on where or why you are on that side Just briefly . I understand it's late . I won'I
as k for anyone to go too In-depth
Counc il Member Mccasli n sa id we voted ii down I really think that we left .: up lo lhe professionals to bri ng us
the ordinance that they felt they needed to deal wdh the situations of emot ?n ali ty or not jusl emot ionality , Just for
protection of themselves and other people I feel that I trusl their judgment. We give them guns , we give them
machine guns , we give the billy clubs , we give them mace . and we give then' all ki nds of stuff to protect
themselves . And they use those things with common sense, so why wouldn \ they use this with common
sense? So I'm going to leave it up to the profess ionals . Council M~mber Jefferson said I appreciate that
comment.
Council Member Penn sa id I go with the same lhi ng . I think they c;,m o tr; L'S with that one and there hasn 't been
any occurrence on It again and I think it can always be looked at aga,n l~tcr on , but right now, I want to leave it
with them and go that way. Council Member Jefferson said I appreciate that comment Randy.
Council Member Jefferson said the ma in reason I brought it forward , I feel that ii does sort of mess up tha t
delicate balance between privacy and the government's right to search and se ize. I'll leave it at that. Thank you
for those comments guys .
Mayor Woodward said a liltle clarity came to me regarding the voting . II was the County Cle, , !he Arapahoe
County Clerk Nancy Doty tha t recommended we vole early ... so get your ballots in
13. City Manager's Report
City Manager Sears did not have any matters to bring before Counci l.
14. City Attorney's Report
City Alto rney Brotzman did not have any malters to bring before Council .
15 Adjournment
WAAO ~°"'°. ,0 ,o,o~"'• -~ _,,,, ... a, n n p m.
~JJ:J~~JJ0!J.!J jJ!J~J!;~ s J" rt!~ J J :; ;~ s ;~ .!J ~ jJJ 1 :;J~JJ-JJJ :jjj~~-r 02-08
Albright. ~ Ian in
Name Address/Phone/Email
Eddy, Victoria
Haraldscn. Ken
Hodge. 13arbara
Keeling. Julie
Leone. Liz
Lopez. Mary
Mosman, Man)'
Myers. Jerri
Simp.-0n. Janc1
Spence. r UT)
Sullivan. Georg,·
Watson. Julia
Yon. 7..achal")
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b, Jt'(M'lt:1Ud1 t1t•11u1M1y N..I l'V\11,,C.:, otllU i:,uo ltU •e~se So we 'WOlJ.ld Jrke c,ty Council lo dlrec1 lheAttomey § t>ff, e O! outside counsel whoever 1s handling this 10 engage wi lh us ,n tenns ol hnding common ground here b<.-wu&eo we wall! lo seltle th,s Or in the allernalive . we respectfully request the C11y Counc~ g,ve us the !>Ubd1vis10n because we have relied on everythrng we na ve retied on the decrs,ons nnd we have 1aken tlie • " • • o O > 0 o O > ll + I ' f'! I • •--,.!. J ,..
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Property Profile • Arapahoe County Report Oate: Octobe r 27, 2008 PROPERTY INFORMATION Property Address: 2919 S OGDEr ST ENGLEWOOD, CO 80113•1747 Owner Ottupled: N OWNER INFOR MA TION Owner: COlORADO CUSTOM
co-Owner:
owner Address: PO BOX 406
SEDALIA, CO 80135·0406
LANO INFORl4ATION
:ubdlvlslon Name:
legal: 04·68·35 BEG S04 .74 FT E &.
246 .45 FT S Of NW COR OF SW
1/4 OF NW 1/4 TH S 96,45 FT TM
E 144 .95 FT TH N 96.45 FT TM W
144 .87 FT M/L TO BEG 35·4•·68
I ro1>9rty Ty1>9: RESIDENT
, nprovement Code: 1220
L. ,nd Code: 1220
:r.onlng:
PROPERTY CHARACTERISTICS
Ye;ir of Con~tructlon: 1941
Style,: RANCH
Bedroom,: 1
Baths: 1.00
Roof Cover: CO MP SH
Stories: 1.0
Squ•re Feet: H8
Flreplace:
Tax Yeiln 2007
Taxes Paid :
Annual Taxes: S2091 ,09
Photo Date: 7 /2005
Parcel Identificati on Number: 1971J5200024 County PtN : 1971•35·2·00·024 Assessor: SPRING 2008 Sale Price: $300000
Sale Date: 02-Sep-2005
Previous Price: $54000
Previous Date: Ol-lle<:·1984
Subdivision Number: 0<1 -68
Schedule Number: 1035252
census Tract: 08005005800
Latitude: 39.663287
Longitude: •104.976185
Acres: 0,341
Lot SIZce: 14853
Ga rage Type:
Garage Sq Fl:
Heat Type: FORCED AIR
Hea Fuel: GAS
COn1tructlon: STUCCO
Basement Type:
Basement Sq Ft: 307
Basement Finished Sq Ft: 123
Land Value: $145000
Assessed Total: $2 2700
Value Total: $285200
l 'O.L,i,-.1\IC
l AJ'h,R)i 1 .lVL -•
E .U•tlfcns r rL r .,. 1 t-$ °""'"v I
(.! l UAtCS ..i.\'t 1--~ C O•lf..~ .l\11,, ~ t ~u~ ~~t t ~ ~ r COR,,r,1 •vr( ~ u ~ f.
l 0-'RlMUl.lll All ~ fJ 8
n "" . .,. -
"'
Portions or lhlt doc:umenl lnduclt lntetlcctu&I Pft)P(!rty or ESRI .:ind Me ttollst, Inc. and ate used he,eln undet UcenH. O 1998-2008
envtronm,nttl Sy,temt RCMtrc;h ln5tltute, Inc. •nd Motto llst , Toe All J1g hl5 reserved . All lntormetlon Is subject to chino• 1nd 1hould bo
lndepen~l1'f ver"tred
Dt.,ed C'roperty Profile (page 11 Rep"rt Date: November 2, 2008 PROPERTY I LAND INFORMATION Property Address: 2919 S OGOEN ST Parcel Identificati on Number: I". I J' 1 •O~-• ENGLE WOOO, CO 80113 · l 747County: ARAP Legal: Legal LIIS:
Subdivisi on Name:
Use Code: 1220
Cen1u1 Tract: 08005005800
schedule II: 1035252
Latitude: 39.663287
Longitude : •104.976185
OWNER INFORMATION
Prior County: Property Type: RESIDENT
Year of Constructi on: 1941
Style: RANCH
Bedrooms: I
Baths: 1.00
Square Feet: 748
Owner: COLORADO CUSTOM CONSTRUCTION LLC Owner Deed Type: QUIT CLAIM
Co-Owner: KATHLEEN S CURNOW Owner Record Date: 24-Apr-2006
Owner Add.-.u: PO BOX 406
SEDALIA, CO 80135-0406
SALE AND ORIGINAL LOt ,N
Lender Name:
Lender Type:
Seller Name: CUR.NOW WILLIAM J
Seller AddreM:
Title Com1N9ny:
Deed Type: WARRAl'fTY
Reception 11: 85134832
ADDITIONAL LOAN HISTORY
1 Lender Name: WELLS FARGO BANK NA
1 Lander Type: BANK
1 Adj Rate Ind:
1 Reception #: 86085256
2 Lender Name:
2 Lender Type:
2 Adj Rate Ind:
2 R.ecepllon II:
3 Lender Name:
3 Lender Type:
3 Adi Rate Ind:
3 Reception II:
4 Lender Name:
4 Lender Type:
4 Adi Rate Ind:
4 Reception 11:
Record Date: 08-Sep-2005
! . '" Price: $300000
L.,....,n Amount:
Financing:
Int /late:
1.41 ., Type:
LTV:
Concur~nt 2nd:
1 Record Date: 08-Jun-2006
1 Loan Amount: $228500
1 Flnandng:
1 Int Rate:
1 Loan Type: BLOG LOAN
2 Record Date:
2 Loan Amount:
2 Flnandng:
2 Int Rate:
2 Loan Type:
3 Record Date:
3 Loan Amount:
3 Financing:
3 Int Rate:
3 Loan Type:
4 Record Date:
4 Loan Amount:
4 Fl nandng:
4 Int Rate:
4 Loan Type:
Deed Property Profile -ARAP (page 1 ) Report Date: November 2, 2008
PROPERTY I NFORMATION Property Add ress: 29 19 S OGDEN ST Parcel Identification Number: ENGLEWOOO, CO SO I 13 ·174 7 CONT INUED LOAN H I STORY Record Datelender Name Loan Loan Amountlnt Rate 5 6
7
8
9
10
ADDITIO NA L RECORDINGS
TypeReception "
Record DateSale Owner-NameSelter Name
Price
1 24-Apr· 2006 COLORADO CUSTOM CONSCU RNOW
WILLIAM J
Deed TypeReceptlon "
QUIT CLAI MB6062603
2
3
PREVIOUS OWNERSHIPS
Record Dato Title Company
1
2
3
4
5
Sale Price
(l) C Y.AU.AV E
C YA lt Pl
f A MttER51 AVC
"' E ,OIMERS T Pl
" t BATLS A~ '"'
~
CCO~A=C t '.'i .. z .. ...
0
C 0,IA.THOur u A\t[ " 0
C YALl,AIIC
C ANl1,R5T AIJC
f 9AIES p~wY .. C DAlCS AVC .. .. .. " : z E CORNELL AVI
l;! z ;:
8 0 0 .. ..
0 a.1008Hatr.tha t, 111c: All l .ahta l u •,w•d
Photo Date, 7/2005
PorttonS of t~1 dOCumtnt 1ndl.tdc ,n1·cttecwa,1 prooctty ol tSR.I and "1Ctrot,st, Inc and MC~ nerrm ,,n<kf It<~ I•
1998 ,~ fM-iron"""'"' !,ystt'fflS Rrsr;,,rch Inst1tutC' Inc and Mctrolest. Inc All nght1 r~Ntd All '"'""ffldtlQn 11 w'J~
to change a nd 'Should be l:fld~lly ...efl(ll'd
OISTRIC1 COURT, COL~,, Of ARAPAHOE, STATE OF CO!.ORADO 7325 S rntomoc Strcei
Centennial, Colorado 80 I 12
Phone Nn. (303) 649-6301
COLORACO CUSTOM CONSTRUCTION, IN C.,•
Color•d• corpora1l on, •nd NORDRWGE
CON STRtlCTOIIS, INC.,• Colonido corporntion,
A COURT USE ONLY A
Plnln!IO•, Case Number. --CV --
"·
CITY OF ENGLEWOOD,• Colorodo munlc;pnllty, •nil
Div.: Ctnn.
the ENGLEWOOD HOARD OF ADJIJSTM'BNT AND
APPEALS,
Defandg,nut
Cyn di L. L)'den, R,q #!285K
Mn11bew J, Cuscbolt, E~q.#37110
Ruml er Tnrbox Lyden
Lnw Corporntion PC
1777 S. Harrison Street, Suil• 1250
Denver, t'oloradn 80~10
Tel: (303) 333.77)'.\
Fnx: (303) 355-6036
Erne ii £11YJl~ll!lltt"'llkciAW cmn.
Anorncy, for Pl1111ufis
cor,n•LAINT
COME NOW l'lninulh. Co1omdo Custom Co1~-.irue1ion, Inc and Norbridpc Cons1ruc1on.
Inc. 01crcmallcr "Pla1111ihs") and, lnrour.h their auorncys, RumlcrTnrbox I ~,lcn I .nw Co11iom1ion.
r .C .. h,rc'iv state une nllcpe as follows
l'ARTll?.S
l'lnmufT Colorado CJ!llnm Cons1ruction. Inc. ( .. Colorado Custom") 1s n Culurndo
corpornhon doinK busi ness 111 6860 South Yosemite Court, Centen nial. CO ~0112.
2. P!nin1iff No1 bridge Con5ltl1c1ors, lnc. ("Nmbridge") 15 a Colorudo co rpomtina dom~
hur,oncs~ n1 P.0 Oox 26 1310 , Lakewood. CO 80226.
1 Dcfcud,onl City omn~lewood (thc"C ity"l is n Colorado munocip~li1y with u husincss
PcrcnJnn1 1-J1r,1<-w,.,d li.,,,,1 of Ad.JUSlmcnl :nl Appeals I th< uBOAA ") 1s a board ,,r m,h.idual• a<:>tcJ b; the l·.ngkw.•od Muuiapw Code, Section 16-'.!-l ·C. which convenes
mmlhli· nl IOOII FJ1{!kwn<>d l'nrl:w.w. En~lewood. CO 80110.
J\I RJSprCTJON & VENUE
5. The District C..mn is the 1nul court of n:cord v.ith general iurisdiction. The Dislrict
Court hss Pris1nalJurisdiclion in all ciVll case.~. except nsotl,erwi..e provided. C.R.S.A Con.SL Art.
6, § 9.
6. This Coun bas Jurisdiction over the Dcrcndnms pw·~uruu to Scc11on )(,-2-18:D,
Elllllewood Municipal Code. which provides tbllt:
Any penon or persons aggrieved by ony final decision of the Bonrcl or the
Cow!Cil, or any re.sidcnt, taxpayor, or other off,cer, dcpanmcnt, Board m
Commission of the City, may appeal such final decision t,y appropriate lell"l
oe1ion to a coun or record hnving jurisdiction. Such app<:ol shall be filed no
more than tl1iny (30) days from 1hc da1t of the Bo:nd or Counod final
dec:1s1on.
7. Admi111stm11vc agency llCtion in the 11'.at!Crl\hin~ nsc to this action W1I!< final on June
11, 2008. ~-E>.hibn A. This Complamt l,:i,. been timely filed on or before lht 30 day deudlinc: of
July 11, 2003
I Venue: m this ac!Jon is proper uuder C.R. Civ. P 9S(n).
GENERA), ALLEGATI.Q~S
9. TI1is i.~ nn octinn seek.mg. C. R Civ. P. I 06(n) rtlicf (m1mdn01us nndlor ccnioruri), for
g,wemmentnl ~oizurc under the "tnkinl!S" doctrine, for mJtm<11ve rcl1cf. arni forrru:msw:-i c:sluppcl
due lo conduct n:$\llting in clam,1£es to lhe Plaintiffs.
10. Tius case artscs fmm u L'l11llt of• subd1viS101. ·,u:r..<:d ni:cocy of the City or
EnglC\IKJOll's for the pmpcflY locutcd al 2919 South Ogden Slrt:el. Iluiilowood, Colorado (the
"Property"), SUB2008-003, wbicb was subsequently overturned by the BOAA.
11 In 2006. poor to purchasing the Property,l'luint.iJT•' agcnlS, Mr Hill Curnow ond Mr
Doug Lillibndgc, opproochcd the City of Englewood (the '"Ci1yj though its duly nuthoriwl ngcnt,
u,e Cornmumty Devnloprnenl Dc:partmcnt (the "CD"). and spc'<c wilb • CD employee. Mr. Anthony
Frochlll, specilic:ally rcganling the fC11Sibility or purchasing und then subdividing the Properly
2
-~----------------12. The Plaintiffs were as.."Ured by 1'1r. Fruchmal tlia1 time thn, the suL,11vision wus 1101 only possible but also that the decision to subd1v,de would be made within the i.l~!)llrlltlCnt and without the need ror public notice. Ms Tricia Landgon, also an employee of the CD corroborated
these reprcscntntio1u. Other employees of the CD repented and recnforccd the.so rcpresentntlons.
I 3. In relionce upon Mr. FnlCbta nnd the CD's representations, Colorado Custom
purchnscd 1he Property and subsequently hcgan developing the Propc11y.
t 4. On January 15, 2008, Colorado CUSlom submitted a Land Developn,cut Applicatlon
to subdivide tJ,c Property into !WO residential lots. Further representations, that die subdivision was
proceeding nol"lllllilY, were made 10 Colomdo Custom by Trisha Landgon later in J1111uary, 2008.
t 5. Following pwcha,e, the CD required Colorado Custom 10 ca!te a number of addhloMI
steps in connection with tile development of the J>ropcny. These steps were prerequuiles to the grant
of subdivision. One or the steps was an order to demolish the existing rcsidcn~ and storage shed
on the Prope11y. SJ.£, Project Pinn Review History, Jan . 31, 2008, Report by Audra Kirk., Exhibit
B.
t 6. Prior Lo demolition n 1,200 sqllllrc foot s:nale family residence wns locau:d on the
Propert)'· Colorado Custom estimates 1he fnir vnluc of the residence, prior 10 demolition, at
$150,000 (without including th• real property itself).
17 Following demolition, nnd purs\llllll to the instruction of the CD. Colomdo Custom
pnid $8,500 for demolition oflhe existing home.
I 8 The rcquin:ment of delllo!ilion ofthe old rcside=dcprivcd Colomdo Custom oflbe
struc111rc iLscli, the opportunh) of rcoovaung 1he old residence, or of renling it.
IQ. CD nlso required Colorudo Cus1om to remove nsbcs10s from the Proper!)'. Co lorado
Cus1om paid an odditionnl $10,000 to remove asbestos mid incurrcd no addiuonlll survey expense
in the nmounl of $3,200.
20. When 1111 of the CD 's condihons were satisfied, 1he CD forwarded the final plni w
the l•ublic Work.I Director and tltt Community Dcvelopm'21t Director Both Directors •pprovcd
and signed 1hc p!OI on March ~7, 200R.
21 111c subdivision created two lots which met oll lhe Ent:lewood Muuici1,al Code
requirements for • Minor Subdivision m the R· 1-C 7Jlne d1s1rict witll tl1e exccp1ion of the
rcq1nremc111 for fiOy feel (SO') of lot width Th< two lals are tl!Ch 48 23 feet in width.
1lie CD'sauthor11y Lo subdi,1d, a lot was derived from 1hc Eng lcw()od City Council's
direcu tn a 2006 study session. Based on that d1re.:uve, the CD's ;tefT prep.!Rd a dcvtlopmcnt
pnhcy nllowm& the suh,hvision of parcel~ ,n R-1 lJ\,.c <li~trict< pmv1dcd tha1 n1·Y.lv cre;itcJ lots a--e 110 more thnn five Jlerce11t (5°,) smnllcr than th e ,,011c ,listricl mmi111u111 fnr lnl width It wai, undc1 thi, policy that o M111nr Sub<livision p1,.1 for the l'mpcr,y w11s p1ep:1rcd. suhm111ed, reviewed. an,1
approved
23. l·ollowinC the grnnt ofsubdivi~ion, on nboul Murch 28, 2008, one-half of the Property
w.t! co
11
,,.ycd to Melin:la nnd Ricbnrd Borchardt (the "Borchardis") for opproximolcly SI 70,000.
24. The Bnrchurdts also re111incd the services ofNorbndse, a residential contmctor, and
deposited npproximatcly $15,000,
25. On nbollt March 31, 2008, Ms. Kathleen McGownn sent a letter 10 the Cil)' objecting
to :he subdivision. On April l 0, 2008 Ms. McGowan oppenlcd the decis ion of the CD to subdivide
10 the BOAA. which heard the appeal WI May 14, 2008.
26. The BOAA voted to overturn the CD's decision to subdivide the Propertynt 1be Mny
l 4. 2008 m~ting. Th~t decision hccnmea final adminiSU'ntiveac1ion upon publication of the BOA/\
1runutes on June l I, 2008. ~. Exhibi1 A
17 TI1e conduct o f ti, proceedings on Moy 14, 2008 prejudiced U1e Plaintiffs 111 several
wJys AllhoutW Plnmuffs had !IOmc notice 11fthe date and time of lhe pro=lings. they did 1101 h11ve
adequate 1101icc of the co111ent thereof. Pln1111iff.s did not rect!l~O case presemnt,on 11a..ket until the
ollcmoon of Mny 12. 2008 w,d had less thnn 48 hour• to ruml:,r,c lhe i~sues and prcpnre 1!1c1r
pn:~iounn
2K. Durin~ 1hc meetins, the BOAA pntienlly heard the OJlmions llllcl comments ol many
persons 1m:scnt However. the BOAA did nm vet the spenker~ IC> determine whether lhc l11d1vidunls
"""' ncighhors h,•ing with 300' feet oflhe PropcttY and lhu.~ cntilled to stnnding. Nonetheless, most
of the opimons were luy opinions reg;inling how 1ht pmposcd home would allegedly negativel)
1111pact the stUTOt111clin1111cighhorh,>od and hod Jillie todo with CD's nctunl ~rant oflol sutxli\'is111n
2'J ·me LIOAA did not extend 1lte same fn:c.dom o! comment in l'luinltffs m 1hcir
1 cprcsc11111uvcs. l11s1cud. Pl3inliffs were rc,t11c1cd 10 matters addressing 1he legalily or the CIJ'•
'1ecis10n 111 subdivide l'lnintiffs were not adequately infcumcd or prepared hcrn11se no 11otice orilmt
lJpic wa., given.
30. ·n,c Englewood Municipal Code requires the BO.'\A to review the City'~
od1nin1Strouve decision based on lhe snmc criteria utilized by the CD. The 130AA did not do 1hul.
lns1end, IIS is recorded by the minutes, the liOAA board members stated !1101 while they muy or may
not support the clcei~ion of the CD based o~ the critcrin, lbe action taken by lhe CD wns' tllsa:.ul'
l,cc.u1we lbc development policy hnd not been ncceptod ns port of lhc Englewood Unified
l)cvcloptnenl Code. To l~we made o decision as to l11e ~Qf CD'• nctlon, which was boscd
on the Ett~lcwood Clly Coiu1scl's di=tivc, is beyond lhejunsdietion and authority of the BOAA
CLAIMS FOR RELIBF
Mandamus Pursuant m c R, Civ P J06!•X2l acoin'II !he BQAA
31 Plainuffs n:itera1eond incorporate herein by reference the nbove allegations numbered
9 throu h. 0.
32. The BOAA bas a duty wider the Englewood Unified D~velopment Code (the "Code'')
10 review ft dcportmentol decision as follows:
The Board shall, ot its next regular meeting, schedule a publ ic hearing on the
appeal, after wh ich It shall reverse or llffirm, wholly or in part or modify the
nodce, otde.r, or decisi<,.i ond may remand the mntter to the original
decision-maker for further proe.ce.ifags not incons iste nt with the Board's
de cision. Such oppeols sh all be re·,i~wcd by the Boa rd pur3yqnt tr, Lite
Rame criterin used by the decjsjon-mnkcr whose noti ce, order or dc.;isjon is
· being nppe.1 led.
Code sccuon l G-1-l 8 D (cmphusis ~ddcd).
33. The CD's Jlresentotion pocket stntes thnt the review criterie utilized by tho CD were :
a. Applicability (Code Section 16-2-l l.A.l.aJ;
b. Swnm:11)' of D11ne11s1onal Rcquiremcnl5 for Pnncipal Uses nnd Slrllttun:s
(Code Section 16-6--1:B),and
c The C1I) Counsel's duetted development polic) uf August 23, 2006 which
nllows for a five pcn:eru reduc:ion of the required lot Width The
devclopmrnt r,olic) dcc1s1011 slllles Lh.1t R l zones mny ~ !lt11'divided into new
lots provided that.
1 The width of any new lot is no more than 5~, less thnn the woe
dmrict 111i11w1wn lot \\ldlh n:qmremenl; and
i, 111c utw lo CTCated in the subdivision snnll be co11Sistcnt with
the 'nvrmgc' width of other lots on lhe same block-focc . The
Director of Communi ty Development shnll de terminL the Rvcmgc lot
1vidlh.
34 . lnrcnching Its decision to ovcrtu,n lhcsubdivlsio n. the BOA . breac hed its tc11nl duty
to .-ci nmdcr only 1/i ~ .vamc er /fer/a 11.rcd by rhc decision-maker.
5
J5. Nothing in the Cndc su{!ltc<t:l that thr IJ( li\A 11>n)' cxel'cisc quasi-.1111hcial outhnrity tu dctcnninc the legal effect of the Enulcwuoo c• :y Coun,c:l"s din:etiVC!l to tht Cnmmum~· Oevel,1))11\Cnt Deportment Code Section 16-2-1 ,c, stntes th[ll thc jun,.Jietion of tl,e BOAA is to
re\'icw a~d mo<lify the decision., of city cm)llnycc,. but MYS nothing ol~1ut its jurisd iction 10 review
City Counsel's directives or delei:o,uons of aulhorit) tons duly authorized agents, rcprese.ntotivcs.
nmnci)' the Commuuity Ocveloprncnt 11epnrtment.
36. As owner of one-half of the Property and as those who conveyed one-half of the
parcel subsequent to the gront of subdivision, Plninuffs are among the ehus of persons allowed by
the law 10 bring on action In the nature of mwidamus.
3 7. All conditions precedent lO enforcing the rights conferred by the Code have been meL
38. Pla.intiITs have no other plaiu, speedy, and edequote l'l>llledy.
39 The BOAA's fuilure to conform itsclflo the Code hns damaged Plaintiffs .
WHEREFORE, Plaintiffi seek relief in this mnuer llS hercinllfl•r sel forth.
t,_Certjnmn Retj,rrur;;unnt to C R, Cjv, P J06C•}(4J ncoiu•! the D0/16
40. Plnmtlffs reitcrole nnd incorporate hcl'eiu by reference the nboveallc~ut ions numbered
<, rhrougb 39.
41 In evnhmtins the lcguhty nf the Enr,lcwood City Counsel'~ Ji reeled dcv .-1ormelll
policy of Aug\15t '.!3. 2006, tlir BOAA exercised nn unauthorized quusl-juJicinl fu11c1io11.
42. The BOAA obused its discrelion by nrbitmrily and unreMonably applying statutory
provision~
43. J%iml m have no n1hcr phtm, .speedy, ond adequate remedy .
Wl-lEREFORf·, l'~unt,fr• seek relief io this matter a., hereinafter !;Ct furth
, Injunctive k,che(Rcnuiring l)JI! BOAA to Susm iu tin; City's Grun! nrSubdivininn
44, Plamtilt• reiternle nnd incorporate herein by reference rheabove allcgollons num .x,red
9 lhtt>ugh ◄3
45 . Plaintiffs' remedies at lnw are inndcquate.
46. Plaintiffs' ri11hts m this mnller stem from o property right or a protectnblc right.
6
:,7 Enfon:emenl of on equ1wblc decree wou!d he fcasible. prnchCJ>blc, ond effcc1ivc 10 ,mdica1e 1hc nch1s of the Plain1iffs 48. The ho1dsh1ps. where i:lcvon1, bAbnCC in 1h< Pb1nnfTs' fo,or
~9. No defc1:.,es ore n,·11ilab le
50. Tot 1ious conduct by Defondun!S is,1CC11rrins, i11cluding 1respnss lo hll'ld, conversion,
and interference with business relationships.
WHEREFORE, Plo.inliffs seek relief in lhil molter as hereinafter sci fonh.
~-Vinlatioo or 'TAJdngs" CJause "ru s Con•1in11jon-s• AmcndrucnJ &
Colorndo conru1mioo• AcliGI• D Section lS
S\. Plain111Ts reilern1e and incorporo1e herein by reference the above allegations
numben,d 9 throui:h 50.
52. The Fifth Amendment to the U.S. Consli1u1ion prohibits govcrnnie1i1al taking of
pi ;•.-,i. r,ropcny "for public use without just ccr.,r,eu.11tlen" Thereunder, if govcn1menl regulation
denies o l:mdn,.11tr of all economic use of his land, 1he regulo1io:: is equivalent to a physical
appropriation and is n 1akmg. l,11C11S, South Cgrulmp QJ;,<1;,l Coun.•~J.505 U.S l 003(19'12). The
actions of the Dofendants hove cffeclCd o lllking such thot jus1 compensntion i~ required
53 Sec1ion I 5 of Article II ol the Conslllution of the Stme of Colorodt• provides Ihm
"lp]nw te pmpcl'IY sl1ull nol he taken or dumngcs, fo1 public or private use . without jusl
c.ompensauon." ·r1,crefol'c, if government regulation de 11ies u landowner of ~II economic use of h is
loud. the reguln11on is equivalent IO a physicul op~ ,printion Md is n 1nlli ng. Cj 1y & County of
p;nver ,. Drover BHiC~-347 P.2d 919 (Colo. 1959). Tue actions of the Defendants have
cffec1=d a uwng such 1h:11 _iUSI C(lmpcnsotion is rcqui~
WIIEIH·FtlltE, l'l.,111uffs ,, .. cl. n:licfin this mnuer n.< hereinnl\cr s.:t forth.
LJIOAA Decisjon R<•vctsnw Grom ofSul>djv,,jon is Vmd
lli>lli.1'.rDJUWIQ~
54 l'lnint1 ffs m1em1c nod 111corpom1e heroin by reference lht .• ,hove allc~nuons
111m1bcred ? 1lm1u1•h ~ 1
55. 11,ct"ily no1d Ct,mmunily [)c\,elopmcnl Dc1tartm::n1 made J promises to the Plaio1ilT>
in cunn<:t t1on v. 1th th,· grant of the subd1visi-011 of thr r,opcny
56 Dy 1110kin~ specific reprcsen1,1ho11s, hy n:quinng 11,c demoliuun nf1hc ex1s1ing
_;tnu:.turr .. uk.A; hy requinn[! Plmntiff&' otl1cr 1· ·linns a~ rrc1t",1uls1les 10 the ~run1 ,if i,,uhcHv,smu, lhc Ctl) nnd 115 •cents ~hould n:a.wnnhly h .. \C npccted 1h.11 11,c prnn1isc would onducc acuon n1· lmhc:trnnce by the Plmnurrs.
~ 7 l'lamuns in foci rc,,,.,m,hlv rd,ed on the promises to 1he l'laintirr,• detriment,
S8. TI,e pmmis• In ~ubd1v1de must be cn(orccd 10 prevent lnj11S1iee.
WHEREF01(€, Ploinliffs seek relief in this mn11er as hereinnf1cr sci forth
6. Beo11••1 for fprthwnh Rchef under sccuon 24-4-\Q6l5l C.R s.
S9. lrrepnrahle injury would resull Ir Ilic BOAA 's decision is ullowcd lo st:md.
60. Plnin1lffs 1herefore request postponement orthe effecuve date 0(1he BOAA'•
decision overtun1ing 1hc subdivision pendingjudicinl review,
WHEREFORE. \he Plaintiffs prny for JUdgmcnl n• follow•·
11. Th:11, pursuant 10 C. R. Civ. I' 106{a)(2), l'laintiffs are C11ti1led 10 a judgmcnl
comrclhni: lht BOA/\ in rvnl11:11c 1hc suhclivisinn pursunnl 10 lhc same crllcrin 111lli1.ed by lhe CD;
h. ·n101 l'lamti.ffsnre ennllcd lo n dctcnninalinn pummnl u, C.RC I'. 10<,(n)(4) ll1nl the
BOAA has exceeded irn jurisch c1ic111 or nh11S<:d 11s discn,tio11:
c That l'lninurrs nn: cnutlc,I 10a Mnndnlor), l'ctmanc111 lnJunc;i,,n crnnpclling th~
BOAA ond 1hc Cil> 10 sustain the grnnl of the Subdiv1S1nn;
d ·n,n1 Plnmtiff.s ure entitled 10 just componsulion for the Cily or llnslcwood's inking
of the Prol""'l' in "1l 111nou111 tn be dc1t1mined al trial.
t. 1111111he BOAA Is c>1nppud rrum ICVO(hlllg 1hc ~IJOI uf ,ub..livir.h11l
Th,111hc effccuve dale !'f the BOAA 's d«·i5ion is poS1poncd pcndi111• jud,cinl review
ll Antl for such other relief u~ 1hc Court dcc,m Jtost 11nd proper
On1cd this 11 lh day of July. 200K
g
MejHng Addrm of Plnio iiff,<
P.O. Box 406
Sedalia, CO 8013S
RUMLER • TARBOX • L \'DEN Lao. Corporation PC
C)'l'di L. Lyden, Esq .
Matthew J. ~bolt, Esq
Attorneys for Plaintiff
Original Slgnatt,r~· on/Ila 01 Rumlei · Tarboz L)'tkn
Law C01'paratlo'1. PC
Pi.JBLIC COMMENT ROSTE R AGENDA ITEM 7 UNSCHEDULED PUBLIC COMMENT November 3, 2008
PLEASE LIMIT YOUR PRESENTATION TO FIVE MINUTES
PLEASE PRINT
NAME ADDRESS TOPIC
('J (, ,· ' '
c ?> <1rc,i;-
T ,-,..,."11v I l ) ·
~"',o.,.J "7J
_,1, lU ou ... t)t al>•• , language In Tide 4, Chapter 4, Seciion 16 of the t.i,., adding new language regarding mailing of notices. STAft ~uu" Gryglewicz, Director of Fin.in« w! Administrative Services. \'.:;:::_{ Iv Council BiU No. 77 -Recommendation from the fmance and Administrative .,.. '-,-Services Department to adopt a bill for an ordinance approvmg the addition of ~ ~-, j language to Tirle 4, Chapter 4 of the Englewood Municipal Code regarding the i ~ · remittance ol tax when relying on e1ectronlc databases. STAFF SOURCE: 7ank ~ Gryglewicz, Director of Finance and Admlniwative Servlf s. 'c:_-f'.. -\J\ -.. ~r b. Approval of Ordinances on Second Reading. .::::::_ ~ ~ I\,
c. Resolutions and Moti ons. f ~ r ft
Recommendation from the Finance and Administrative SefVices Departme to f t ,....!
~O\'e a resolution authorii1ng changes and upcfotes to ti>• City's inves t ~
policy STAFF SOURCE: frank G,ygl-ia, Ditedor of Finance and ~ ll' (
Administrative Services. f~ t ½ ~ t ~ ~ ~
10. PublicHearingltems. \-~"h~ ~~ ~
a. Public Hearing to gather input on Coonci Bil No. 69, amendi g e U · dim:£._ ~ ~
Development Code pertaining lo flags in the South Broadway Bu\iness pr ..,,_
Cmtrkl ~ ~ <....._ .... t,
--------------l,.,.~~_,~}l~
~=40~i: .. '=.:::":;t.,.,~o1:v .. -,:::;~-nocifyll,e ~ ~
5. Consideration of Minutes 01 Pre-. ious Session. a. Minutes from the Regular 01) Council MeetL • of October 20, 2008. 6. Recognition of Scheduled Public Comment (Please limit your presentation to ten minutes.) a. Presentation to Engl<!\,·ood Police Citizen Academy Graduates.
b. Gregg Miff er .,.;g be present to discuss the potential impacts resulting from the
conditional use permit recently granted by the Planning and Zoning Commission for a
"aste transfer station near Han'ard A,enue and Rantan.
c. Kathleen McGowan wm be present to address City Council regarding Council Bill No.
65.
7. Recogrntion of Unscheduled Public Comment. (Please limit your presentation to nve
minutes. Time ior unscheduled public comment m1y be limited to 45 minutes. and if
limited, shall be continued to General Discussion.)
8. Communications, Proclamations, and Appointments.
Ple.ue not• If you ha\O • dosoblliry and need ou'8wy aids o• set\ices, please nodfy lhe 01y of Englewood
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COUNCIL COMMUNICATION Dale: Agenda llem: Subject : No.ember 3, 2008 9a i A BiU fOf an Ordinance adding language 10 the Englewood Municipal Code regarding Officers, Members of Partnerships, and Limi ted Liabil ity Companl~
lniliat,d By: I StaJf Source:
Department of Flnance and Administrative Services Frank Gryglewicz, Director
COUNCI L GOAL AND PREVIOUS COUNCI L ACTION
The City Council discussed this issue al the Study Session on October 13, 2008 and directed staff 10
prepare a bill for an ordinance adding the proposed language.
RECOMM ENDED ACTION
Staff recommends City Council adopt a bill for on ordlMnce app roving the addition of 4-4·21:
Officers of Corporations, Members of Partnerships. Limited Liability Companies lo the Englewood
Municipal Code.
BACKG ROUND, ANALYSIS, AND ALTE RNATI VES IDENTI FI ED
The intent of adding this language 10 the Englewood Municipal Code is lo insure compliance wi:h
the City of Englewood's Sales Tax Orc''nance.
The language proposed for 4421 reads:
4421: Officers of Corporations, Members of Partnerships, Limited Liability Companies
In addition •o the pena lties provided in section 4-4-20, all officers of a corpora tion and all
members of a partnership or a limited liability company required lo collec~ accot•nl for, and
pay over any ldX administered by this article who willfully fail 10 collec~ account for, ot pay
over such tax or who willfully auempt In any manner 10 evade or defeat any such tax, or the
payment thereof, are subject to, in addition to other penalti~ provided by law, a penalty
equal to one hundred fifty percent of the total amount of the tax not collected, accounted
for, paid over, or otherwise e, ..Jed. An officer of a corporation or a member of a
par:nership or a limited habtl"ty company shall be deemed to be subjec t to this section if the
corporation, partnership, or limited liability company ls subject to filing retums or paying
taxes administered by this arllcle and If such officers of corporations or members of
partnerships or limited liability compani~ voluntari ly or at the direction of their superiors
assume the duties or responsibilities of complying with the provisions of any tax
admlmsl.?red b\ 1h,s article on behali oi 1he c0tpora1ion, partne~hip, or limi ted liabililY compan\, This language mirro~ language included in Stale S1a1u1es. FINANCIAL IMPACT This change should no1 lmpac1 !he Oty's financial position.
LIST OF ATTACHMENTS
Proposed Bill for an Ordinance
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ORDINANCE NO. SERIES OF 2008 DY AUTHORI rY COUNCIL \ln.L NO. 74 INTRODUCED av COUNC IL MEMBER ____ _ A BILL FOR
AN ORDINANCE AMENDING TfilE 4. CHAPTER 4. OF THE ENGLEWOOD MUNICIPAL
CODE 2000, WITH THE ADDmON OF A NEW SECTION 21, ENTITLED "OFFICERS Of
CORPORATIONS, MEMBERS Of PARTNERSHIPS, AND LIMITED LIABILITY
COMPANIES".
WHEREAS, the addition of the proposed Section 21, 10 the Englewood Municipal Code is 10
insure compliance with the City of Englewood's Sales Tax Ordinance; and
WHEREAS, this language nurrors language included in the Colorado State Statutes;
NOW. THEREFORE, BE IT ORDAINED BY TiiE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS :
~. The City Council of the City of Englewood, Colorado hereby authorizes amending
Tille 4, Chapter 4. of the Englewood Municipal Code 2000. by the addition of a new Section 21,
10 read as follows:
4--1 : SALES AN D USE TAX
~: Offircn er Cornocetleo, Msrnhcrs of Pertnenhle, I JmUed I ilahilirx Comeeoin•
ln addition to llwJlWltics orovided io Section 4;4~20 EMC nll officers or a comoratioo and all
mgnhm o(a nanomhiP or 8 ltmited liPbilitY CQWPIDY ISQ,m;cd 19 sol lecl account for and UY
~a adminiMertd bv this Anicle who wiUfuUv faiJ to conec, account for ornav over
such tax or who »?Uftdlx anemm im @PY manner to C\'Ads or defeat ADY such tax or the novmeru
thereof Arc subiccl 10 in edditioo to otbs PSJHhie Provided bx law a PSMJtx cgyaJ to PPG
hundred fifty oetsent CIS0%l of the total amount of the tax not collected accounted for naid
over or pthcrwc roded Officm or, comorntion or PJSDlbt;g ofa oartnmbio PC, limiled
linbilitv comoanv shall hs deemsd to be subicct to this Section if the comorntion naonwhio or
limited liobilirx company is subiect to OJin e rsums or oavinv taxes administer¢ bv this Aoidc
and.if such officsa ofcomora112ns or members ofoannershins or limited liobilitv comnanies
wluntarilv or at the direction of their suoeciou assume the duties or rcsoonsibiliticSJU
comolvinQ with tbs omvisioos ofamv tax ndrninistrnst bv 1hi1 Artitls on hs:bolfof1hs
~omoration PAOncrshio or Umilcd linbilitx OOWPJID!•
~ Snfc1y C)nu,cs. The City Council hereby finds. deiermincs. and dcclnrcs that this
Ordinance is promulgated under the general police power of the City of Englewood. 1ha1 it is
promulgated f<>r the health, safety. and welfare of the public, and that this Ordinance is necessary
for the preservation of health and sa fety and for the protection of public convenience and
welfare. The City Council further determines that the Ordinance bears a rational relation to the
proper lcp.islntivc object ~oughl 10 be oblained .
Secuon ,l. Sc,er;,h1h1,. If anydausc. scntcn.:c. paragraph. or pan ufth1> Ordinance or the • opphcauon thereof 10 any person or c1rcums1ances shall for any reason be adjudged by a coun or compcten1 Junsdicuon invahd, ~uch Judgmenl shall no1 affec1, impair or ,nvahdale the remainder of1his Ordinance or i1, application 10 01hcr person, or circums1nnccs. Sectjon 4. lnconsis1cn1 Ordinn~.-\11 01her Ordinances or ponions thereof mconsistem or connicting wuh thi~ Onhnancc or any ponion hereof are hereby repealed 10 the cx1cm of such 1neonsis1cncy or conflicL
~ Effect of repeal or modification, The repeal or modifica1ion of any provision of
1he Code of 1he City of Englewood by this Ord inn nee shall not release. extinguish, nhcr, modify,
or change in whole or in pan any penal!)', forfeiture, or liability. either civil or criminal. which
shaU ha,·e been incurred under such pro,ision. and each proV1sion shall be t=lcd and held a.•
s1ill remaining in force for the purposes or susU1ining any and all proper actions, suits.
proceedings, and prosecutions for the enforcement of the penally, forfeiture, or liability. as well
as for the purpose of sustaining any judgment, decree, or order which can or may be rendered,
entered, or made in such actions, suil5, proceedings, or prosecu1ions .
Section 6. PmAIIY. The Penally Pro,ision or Section 141 EMC shall apply 10 each and
every viola1ion or this Ordinance.
Introduced, rend in ~,II. and passed on first reading on the 3rd day of November, 2008.
Published as I Bill for an Ordinance in the City's official newspaper on the 7"' day of November,
2008.
Published as a Bill for an Ordinance on the City's official website beginning on the 5th day of
November, 2008 for 1hiny (30) days.
James K. Woodward, Moyor
ATTEST:
Loucrishia A. Ellis. City Ckrk
I, Louerishia A. Ellis, Ci1y Clerk oflhe City or Englewood. Colorado. hereby certify 1ha1 the
obo,·c and foregoing is a true copy of n Bill for on Ordinance. imroduccd. read in full, and passed on
first ~ing on the 3,. day or No, ember. 2008
Loucrishia A. Ellis
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COUNCIL COMMU NICATION Date: I Agenda Item : I Subject: NO\ ember 3, 2008 9 a ii Gauging Sta tions at Union Avenue & L1E WWTP Initiated By: Staff Source: Utilities Department Ste\\art H. Fonda, Director 01 Utilitits
Littleton/Englewood Wastewa ter Treatment Plant
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council action ol Ordinance Number 5, series oi 1999, approving the prior l01n1 Funding
Agreement
Council action of Ordinance Number 2, Series of 200 1, approving the Joint Funding Agreement for
flve additional one )'e ar periods.
RECOMMENDED ACTION
Staff recommends that Council adopt a bill for an ordinance approving the renewal of an
Intergovernmental Agreement for Joint Funding between lhe City of Englewood and the U.S.
Geological Sur. ey for two gauging stations and one monit0<ing station and to authorize the City
Manager to execute the ag,eement and further extend the agreement for five additional one year
periods.
BACKGROUND, ANALYSIS, AN D ALTERNATIVES IDENTIFIED
In cooperation wilh the U.S.G.S. and Urban Drainage, the City of Englewood contributes to th e
cost of maintain ing the flow gauge at Union Avenue and the flow gauge and the wa ter quality
monitor at th e Littleton/Englewood Waste\\a ter Treatment Plant. Informati on from th is equipm ent
Is used to make calls for water releases from Chatfiel d to main ta in necessart levels ot the Union
Avenue reservoi r and determine stat e wate r quality permit requirements for the
Li ttl eton/Englewood Wastewater Treatment Plant.
The Ubl,ties Department con 111butes funding for the Union Avenue gauging station at Union
Avenue. The Lntleton Englewood Waste\\,ller Treatment Plant con tributes funding f0< lhe gauging
station and the moni toring star,on located at the Littleton/Englewood Wastewater Treatment P!anL
The fund,ng break do" n for all three srations is as follows· four Parameter Waler Quality Monitor location Union Ave. uses Engle,,ood
L/EWWTP uses l/E WWTP
Sl0,930 S17,460
TOTALS Sl0,930 S17,460
Combined Englewood and uses Com
Englewood Share of Ex isting Program Costs
uses Federal Matching Funds
FINANCIAL IMPACT
Streamtlow Station Gauging Stations USGS $5,530
USGS
$3,335
S8,865
Englewood $9,620
l/EWWTP
$4,240
S13,860
$51,115
$31,320
$19,795
The Englewood Ulil ltles Department cosr of fuwling the Union Avenue station is $9,620.
The U1tleton/Englewood cost of funding the South Plane River at Englewood Gauging and
Monitoring Stations Is S21,700.
Total City of Englewood funding (in 2009 budgets)
Matching USCS funds (based on prioritization plan)
Total uses Joint Funding Agreement
The funds are included in lhe respective 2009 budgets.
UST Of ATTACHMENTS
SJ l ,320.00
$19,795.00
$51,1 15.00
Unlred States Department of lhe Interior, Geological Survey Joint Funding Agreement for Water
Resources fetter dated August 27, 2008
Bill for an Ordinance
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0 United SLatt:s Dc!part mcnt of the Interior l' \ C1HH .OC.ICAL Sl1RVh Y
Mr Stewall Fonda
0,oCIOfol Wibff
Cr1Yot En~
1000 E119-Parkway
er,g1-.co 10110
Attn:CtmHtolol
Ot1t Mr. Fonda,
• .,. !YU& M~ lk••n ft-lr,.!Ca11:, rk:.,'t,. t"cl;Jf',Jn *C:?\
Augus1 27. 200&
Enot-1re two 01l9lnllt of I Jolnl funding ..._,,,.nl (JfAI botwr•n lhe "lly ol EnglrM>Od IM Ille
U S. Gootoglcll Survey f0< Ille p!lliod Octobo< 1, 2008, 10 SoplOmbe< 30. 2009 The eg,_, covers
!hi optrtbOn ond mllntenence oi atrnmftow ond wator-qu1lily atottona In Ille Soufl PIIU RIYtr bMlo
(-enck>lld tundln9 1umm-r) ond la,., lhe omoontol $51,11 5-$31.320 ptOYldod by 1111 Crty of
Englewood , ,nd s ,e,795 o,ovldl>d In Fede<II M"41:111n9 Funds by tho U.S. GeOIOglcal Surwy
f'lgatt noll lNI w1hlv1 1mpllm1nltl! !II~ Pnori1,11b0n P11n lor ~ funded s._, In
COiorado In ICCOI.,._, will, tf>e Pllor-,llion Plan, flo 11111king ol Ille 9111ft ...-by 11111 og11emont
"·-· 111d "H19h· 111d Fldlll"II Mal:Nng fundl haYe bNo applied .-,jingly
Wort< performeCI will funcn from ,.,,. 19 ............ t>e conducad on• foood•f>IICI b1M Thi ·-ol 11
_,, _, ... 19,_ w'II ~-lot pu-bylhe U.S GooloQlcll Sirwy. KIiie
....,,..11t 11tlsfOCIO!y, p111se191bolh_ uep..,.lor'/Oflllles: ondrtlllfnh"'1\INl9one
k> ll>laolfica
USGS pclicy roqwn ut lO otruirl lf>P!Wal lrom ou, Reg,onal DnaOf 10 ainducl--• av,H
l9'"fflO"I To""" us In oomply,ng ..a, 1M polcy. we n,quost lhel you nun N signed 19-
i,y PlovtrmOII , We _.aoi, -apoaal tllcrl you and-In your Ol'QlfllUIXJl1 wllfflal<I IO
mjlOlld lO M rtqo/011. H you,_._.., ooncwm""' ,.._IO.,,, asl)Od oltho JfA pltno
con\lCI mo 11 30~2JMB82 .no Of <lN9 O'Neo"I 11 3Ql.23&-<882 .a&1
~ly·.r"-...D
~
Amelate Ondof, f<ydroloQic Data
uws. ColO!a:lo wrur SciOnCO Centor
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ORDINANCE NO. SERIES OF 2008 BY AUTIIORITY COUNCIL BILL NO. 7S INTRODUCED BY COUNC IL MEMBER ____ _ ABD.LFOR
AN ORDINANCE AUTHORJZIN(i AN INTERGOVERNMENTAL AGREEMENT ENTITLED
"U.S. DEPARTMENT OF THE INTERIOR U.S. GEOLOGICAL SURVEY JOINT FUNDING
AGREEMENT FOR WATER RESOURCES INVESTIGATIONS."
WHEREAS, 1he City Council of the Chy of Englewood approved a Joinl Funding Agreement
between lhe U.S. Geological Survey by 1he passage of Ordinance No. 20, Series of 1996,
Ordinance No. 87, Series of 1997, and Ordina~e No. S, Series of 1999; and
WHEREAS, the Englewood City Council approved lhe Joint Funding Agreement for S
additional one year periods with 1he passage of Ordina,,ce No. 2, Series of 2001; and
WHEREAS, stream flow gages located al Uni -,, Avenue and the Soulh Plauc River, arc
operated and maintained by the U.S. Geological Survey and have been in operation since 1990; and
WHEREAS, the data provided by lhe puging suuion is miuired by lhe State Water
Commissioner in order 10 make releases from Chatfield RCSCIVOir during low flow si111a1ions in
which insufficient water is available 10 meet pumping demand$ al Union Avenue Pump S1a1ion;
and
WHEREAS, lhe data provided by the gauging station and monitoring station localed on the
South Platte River in Englewood assists in dc1crmining s1ate wa1er quality pcnnu requirements for
the Liulcton/Englewood Wastewater Trcauncn1 Planl; and
WHEREAS, this Ordinance: will renew the "Joint Funding Agreement l'or Water Resources
Investigations" with lhc Englewood Utilities Dcpanment and authorizes new Join! funding for lhc
period of October l , 2008 through September 30, 2009; and
WHEREAS, 1hc Li11le1on/Englcwood Wastewa1erTrcatmc111 Plant eon1ribu1ion is S2l .700; ar.d
WHEREAS, thceon1ribu11on of1hc Englewood U1ih1y Depanmenl is $9,620; and
vmEREAS. the U.S.G.S. con1ribu1ion is Sl9,79S underthis Agreement; and
WHEREAS, the Englewood Water and Sewer Boord recommended appro,111 of1his A1,'Tecmcn1
al their October 14. 2008 met1ing;
NOW. THEREFORE. BE n' ORDAINED BY TIIE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORAJV.>, AS FOLLOWS:
~-The intergovernmental agrccmcm "U.S. Departmem Of The Interior U.S. Geological Sllr\cy Joint Funding Agr«mcnt For Water Resources Investigations", for the p,:riod of October I, 2008 to September 30, 2009, attached here10 as "Exhibit A." is hereby accepted and approved by the Englewood City Council. ~-The Mnyor is authorized to execute the lntergovemmemal Joint Funding Agreement For Water Soun:cs Investigations for and on beh•lf of the City of Englewood, Colorado.
~-The City Manager shall be authonzcd to funher extend the Intergovernme ntal Joint
Funding Agreement For Water Sources lnvatigations between the Liuletonl'Eoglewood
WastewatcrTreauncnt Plant aod the U.S. Geological Sllr\·ey United States Department Of The
Interior for five additiooal one (I) yeor periods.
Introduced, read in full, and passed 011 first reading oo the 3rd day of November, 2008.
Published as a Bill for an Ordinance ill the City's official newspaper on the .,.. day of November,
2008,
Published as a Bill for an Ordinance on the City's official website beginning on the 5th day of
November, 2008 for thiny (30) days .
James K. Woodward, Mayor
ATTEST:
Loucrisbia A. Ellis, City Clerk
I, Loucrishia A. Ellis. City Clerk of the City of Englewood, Colorado. hereby certify that the
above and foregoing is a true copy of n Bill for an Ordinance, introduced, read in full, and passed on
first reading on the 3rd day of November, 2008 .
Loucrishia A. Ellis
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U.S. Oeparunonl OI the Interior U.S.~ISun,oy Join1 Funcln; A;,oomer.1 FOR WATER RESOURCES INVESTIGATIONS 0•-Ho:C01ot Agm No'i11C4Coot0040000II Ptolec!No: TlN t:lfe00OOHl r,"°'I Qnl "{,illCffl0'1 [i)vtt □No lHIS.:.ORE<MENT is .,,.,.,J m:o nol lh• 1'darol 0ctobe,.2008 oy 1tio U.S CE0'.0(:;ICM SIJRVEY, 1-"llTEOSTAiCS
O:rA~TW.El\'1 OF THE INlElllOR. Olflyo'lllofr<!p,11,ard City of £n9lawOOC1 , panyoll>t Gocadpan.
I Tno-•-117 .. dul~IQ"'o<~d__,.en:l.,""""°"'ICl_ .... ~-· .. •-
m, ,,_,ll...ud' •1 ~ f:Jr ._ ope,adon and ~• af ~mfkM and _.,,qua1ry atalioit,s In lhl SOUlh Pllnt
M,.., balln """'""'""-''""""""" ThoUSGS lop ... ...,,. 43 usc:iec. CJ usceo Ind '3USC61b.
'1 1111-tufh.1w1ng QntOU,·•) :J1ollll bu W111Mlkld tu t'IJYt.'t all ol llJW W!M o1 f1i' MltatS.'iH!'Y lilffd 11nd n~'Ol wortt cft;er:ty-rtMJttcf ID t1\.'I
r-:,~1i>m 2ll)}inclUCI~ tl'l•Kr'\ll So"-4::icis 1" me amouniot so,oo
,., $19,795.00
Unmlt:hld Sil .. 25.00
by ,,,. pony"'"", .. , pon durinj lne ,,. .. ,.,
Oclabff t,200I D5o-30, 2009
llytltpanyoltwso=<tdOOAmJMOIIO-
Oc1obtf 1,20Clt lOSeplffl!bw30,X109
(Cl Adllll'JAII or Nidu011d amnllJ by ti.:h po,ty d'.img tllU ~ pgrbd a: wa:1HJ:ting pct'ixtJ: u rnuy btl tl!mir~ LI)' mutual
OQtCOtlll!ft1M:1!ietlof1hiri an e1ei;tlllfl'J9oi~lerr.bel'l,\'Mf\t ;&~
fd J n)O µOtlO~ po,oa may Dtel'ltngodt1Jlt'-'1UII-O-OOn"IOM And 1o01 Hirt]! 111'1 Dl1 u:hat,~01111S01•~ lhCI ODnlCIG
) Th<"""'ol..,i,cqcammoyOOP1<1~-"""""-l"'°"'°-""'~~--f"l'11'
"n.1ott uno~fl06' ~ •k~sl'llilOI~ lhednclcn dOtM:lfiliC!Ul,O'!flCXllc FMt•otan~ect
,~.,.dt""epa,ty,ctt'MP.._~
~ 1n: 4'ilHD, ti> 11e-.-ouje(t "' me P'Q~ a.-wt ne-at!tin.n,u br' .,._,U,11 •A'Mmot"II bit,.-, 1t11 pna ha-r•b or IHw IUl'llrWll:i
fllptntnl.DINfl, Tht msthcdl rn~ In tl'II Hald WICl *u ~d bo tlloi:;.o 00'.Jpted lt)' llt.T PICfV 01 f't! """ PM 10 MW1C ft\O f~~
.~ ol o~urf.M.y OUIJ\O:l 1'J mcicritcot:>t'\t,y mu,I.Ooptment,
r.. l).nn; it. CCUl"''J at Ns pro~n.11\. • flOtS and ,111a1,,a Mlllc o: e11.-Pftll>' r.f'fllW-.r,l "' u. rwcoran .,.. ba cip,n s, t11 iNplcl.on
Oflhtf'lttwpl"t'(,ardltv-¥10d.a.nacblhg~or,i!1"..,....., .. ~~.o-1,or0Dt1yn,...»m~f!itiogi~11pon
G(,c,p--t<h>-P>'IJ
1 ..,,,.,...,_...,__.,._om ... ,ooo;ioao,lllllhoeloCodoq,nol--l 'r&>a..,...:._.o1 ... _,..
,c~c»wllto~-,nrAcfotNarw~
b The ft\llt'I, riK:CIOJ. nr ,a~,rH'Jlling 11011\tfvt. prograrn,hal ba madi,.,,-.,\11~ UI lrlt" pubic H pra,c,fy n ~W.\l, TI1l'fflil?', rcc:cn=
Of rtpoM l'IUfff!dy will ~ l")b!t:ll1CICI by tJo pa'1)' ol tll(I ~~ l')Q'1 Ho'M7ol01, lhC' port)· QI I\C' so;ond pDll1 IICterve!I t ht Ayh! IO p11hflr.h 1ht
t\l.Ub°'hS Qf"9fAm11no fl tJ1~fO/p1di!ltle<lbj'thePf;ll1)'r:l1hf bJMnJ.h1~. upon fflCtilNI bCI kll'flilhi!Obo/ UIOpttl','o!lthli llJIPM al
f"'\ ~ aw_..,,. ~ol ~ ti,• 10 tl'lal '°' ,t111d1 lt-.c~c.,-WIQ prc;,n,e:I 1110 ~. 10:lfdi0t
tCtDOU ~by~ PM\" at. OOfflMI • als1efflenl al"• ~we nDk:nl blM,ffn •• pttNt
9= ........ bOlc-;<~llopM.-., .............. ,~,-0,»401 ll!ltlg-....... --
,,.,......., ...... Qa~·-600¥-... ~-....... .,, .... --.-.... chap • ..,_, __
,,-...,,,lOIIO) pc,\40,i-.1-Nllle-•~-..,...,-PIIJSC)717;~G-Ao8-,
~12T'~Aug~2J.19B3)
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Anachmen1 1
C!rt or l;nq~,5. Geok>alc,1 s urvey Cooper■Uv• '!C9P'lm Fnoot
Su it.on Sudon Name 04M of Four Plramnff
H-r Water-OvAltty Monitor
RM!lll\Q usos
05710247 SoulhPlat1eRc-,et IA
btw lJnit.n ~YO
0671 1!',f\~ S!Mh Pl111t Aivtr ~ $10,930
111 engi.wooct
To\lta S10,930
COM8 1NED f HOLlWOOO ~NO USGS cos rs
ENOLEWOOO SHARE OP EXISTING PROGRAM COSTS
usas FEDERAL IIATCHINO FUNDS
.........
11 1,..eo
$17,&60
ai,o,i,mOow IUHft
utCII
SM»
UIS&
,uu
r-
I0 620
IA )40
I U ,11<)
111 ,llf
w.m
lll,111
o,,. ha~ cl SlrtamlloW SlallQn cost Th! .. ,... hd ts IA1t0 l!Yougt, 1111 Ull>OJI
0,1NVf & Flood Co>tl/01 Distne1,'U S Geol:,gical SUM!y -•-oarH fflon1
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COU NCIL COMMUN ICATION Dale: Agenda Item: Subject: N01 ember 3, 2008 9a ii, A 8111 fo, an Ordinance Making Changes 10 lhe Englewood Municipa l Code Regarding Malling o( Notices
Init iated By: I Staff Source:
Depa, lmenl o( finance and Administrative Sen-Ices Frank Gryglewicz, Director
COUNCIL GOAL AN D PREVIOUS COUNC IL ACTION
The Cily Council discussed this Issue a1 the Study Session on October 13, 2008 and directed staff to
prepare a bill for an ordi nance making the proposed changes.
RECOMMENDED ACTION
Staff recommends Cit)• Council adopt a bill for an ordinance deleting lhe current language in 4-4-16
a nd adding new lan guage to the Englewood Municipal Code .
BACKGROUND, ANA LYSIS, ANO ALTERNATIVES IDENTIF IED
Currend~. the language in 4416 read~ as loll01vs and will be deleted:
All notices required to b e given to the re tail~, o r vendor under 1he provisions of this
Chapter shall be In wrhlng and, If ma lled, postpaid by ce rtified or reglslered mall, return
receipl reques1ed, lo him at his last known address, shall be sufficient (or the purpose o( d1is
Chapter.
The language proposed (or 4-4-16 reads:
Any notice required 10 be givei1 10 any taxpaye r or the agent or personal representative o(
the estate of any taxpayer shall be sufficien t if mailed, postpaid by firs t<lass mail 10 the lasl-
kno\\1l address of the taxpayer or the agent or personal representative o( the estate o( lhe
1axpayer. The firs t<lass malling of any notice under the pro,lsions ofThle 4 Municipal
Fina nces and Taxation Chapter 4 Sales and Us e Ta~ creates a presump 1l on chat such noti ce
was received by the taxpayer or agent or personal represenlative of the estate o( the
1axpayer ii the City maintains a record o( the nouce and maintains a certification that the
no tice was deposited in the United Stares mail by an employee of the City. Evidence of 1he
reco rd of the notice m ailed lo tho. las t-known ad dress of the taxpayer or agent or personal
representatl\ e o( the estate o( the taxpayer as shown by the records ol the City and a
certification o( mailing by first<lass mail by a City employee Is prlma facle proof that the
nolice was received by the 1a,payer o r a gent o r perso nal rep rese ntative of 1he es tate o( th e
taxpayer.
The reason for the requested change is to reduce staff time and out-01-pocket costs incurred by sending notices certified or registered. FINANCIAL IMPACT This change should reduce out-of-pocket costs by approximately S2.70 addit ional charge per notice or approximately S270 per year plus staff Ume to complete and afflX the certified mailing label.
UST Of ATTACHMENTS
Proposed Bill fo r an Ordina nce
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ORDI, At-'ENO . SERIE or 200 BY AUTII RITY COUNCIL BILL NO . 76 1:-..TRODUCE D BY COUNCIL MEMBER ____ _ A BIL L FO R
AN ORDINANCE AMENDING TITLE 4. CHAPTER 4. SECTION 16 , t •. THE
ENGLEWOOD MU. ICIPAL CODE 2000, ENT ITLED .. OTICES SEN: ? MA IL". 0a //I
WHEREAS. the passage of th is proposed Ordinance wi ll reduce staff tin ,, ,;d out-of-pocket
costs incurred by sending notices by certified or regis tered mail ;
NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNC IL O T.1,: CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section I. The City Council of the City of Englewood. Colorado he reby authorizes ame nding
Til le 4, Chapter 4, Section 16. of the Englewood Municipal Code 2000, to read as follows:
4-4 : SALES AN D USE T AX
4-4-1 6: ·o tkes Se nt by Mail .
All RO!ieOJ 1e~ui10d 10 ho g h·e n te tho ,01ail01 01 ue 1ulor uaEler the prn,·isio11s ofthiu Chap ter
skall ee in n•ri liflg a11e. if 111aileEI. pos1poie B) eeRifieEI er registe,eE! n,ai l, retuAt ,eeeipl
m 1ues 1ed. 10 ki R1 at his lus t 11110,,.,1 aee ,ess, shall he suffiei e,11 re, 11,e pufjlese eflbis Chep10r .
Anv no tkueauir,edJo be gi ven 10 onv taxoave r or the,a vem or oersonal reoresentmive of the
estme ofanv ta;snaver shall be sufficient if mailed, oostoaid bv first-class mail to the last·kno»n
addcsss of the taxoavcr or the osem or nenonal.r.cor.ewuati ve of the.wale of the taxoavsr The
first:class mai ling of anv notice under the Provisions of IHie 4 Munidoal Finnnces and Taxation
Chanter 4 Sale s and Use Tawrealcs a oresummion tha1 such notice was received bv the
taxoaver or avent or nersonal reo rcscntat ive of th e es1ate of th e taxoaver if th e Citv maimainu
record of the notice and maintains a ceniOcat ion that the notice was deposited in the United
s1a1es maj) by an emn)ovee of the Cjty Evidence of the ,ecorsJ of1he 11°1jcc; mailed 1° lb• last;
known address p(the 1axpayeLQLJ1gen1 or pe®fillu;eprcsentative,.ofJhc,.cs.ia1c,Qfthe 1axqay_~
sbo»n bYJhe.records of the Citv-.and a certification ofmniling bv Orst:class moil bYa CilY
employee is orima (acjc oroofthauhe notjcc wasu;ce iyed hy the 1axnav.el:JlL'\l!.CII\ or ocuonru
reorescmmiYc of t he estate of the taxnnm.
Sec1i on 2, Safctv Clauses. The City Co un cil hereby iinds . de1ennines, and declares that this
Ordinance is promulgaled under the general police power of the City of Eng lewood . that it is
promulga ted for the hea lth , safely, and welfare of thc pub lic, and that th is Ordina nce is necessary
for the preservation of health and safely and fo r the protection of publ ic convenience and
welfare . The City Council further dc tcnnines that the Ordinance bears a rational re lation to the
proper legisln1ive object sought to he obtained .
Sccuon 3. Se,crnb1l11v. If ony clause. scmencc. pamgraph or ran of th1' Ordinance or 1he apphcauon 1hcrcoflo any person or circums1anccs shall for any reason be nd;udgcd by n coun of competcm jurisdic1ion 111 valid. such jud~'lTICnl shall nol am~,. ,mpa,r or in,'lllida1c the rcmamder of this Ord1r.a1.cc or its apphcauon 10 01her persons or clrcwns1anccs Sccuon 4. lnconsis1cn1 Ordinances. All other Ordm:mces or pon,ons 1hcreof inconsi<1cn1 or connicting wnh 1his Ordinance or any ponion hereof arc hereby r..-pClllcd 10 1hc cx1cn1 of such inconsis1ency or conlhc1.
~ Effect of repeal or modificauon. The repeal or mod,licauon of any proV1sion of
1he Code of1he Ci1y of Englewood by 1his Ordinance shall no1 release, cxlinguish. alter. modify.
or change in whole or in part any penally. forfeiture. or liability, either civil or criminal. which
sholl have been incurred under such provision. and each pro,ision shall be 1rca1ed and held as
still remaining in force for the purposes of sus1aining any and all proper ac1ions. suilS,
proceedings, and prosecutions for the enforcemenl of the penalty, forfci1urc. or habilily, as well
as for the purpose of sustaining any judgmcru. decree. or order which can or may be rendered.
en1cred, or made in such actions. suits, proceedings. or prosecutions.
~ ~ The Penahy Pro,ision of Sec1ion l-4-1 EMC shall apply to each and
every violat ion of 1his Ordinance.
lmroduccd. read in full, and passed on firs1 1cadin~ ,,n 1hc 3rd day ofNo\'ember, 200S.
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Published as a Bill for an Ordinance in the Ci1y·s official newspaper on 1he 7* day of November, ~ .
Published as a Bill for an Ordinance on the City's official websne beginning on 1hc 5th day of
No, ember, 200S for thiny (30) days.
James K. Woodward, Mayor
AlTEST:
Loucrishia A. Ellis. Ci1y Cieri:
I, Loucrishia A. Elhs. C11y Clerk of the Cny of Enl)lcwood. Colorado. hereby cenify 1hat 1hc
abo,e and forci,'Oing is a lruc copy of a Bill for an Ordinance. introduced. read in full. and pass,-d on
lirsl reading on the 3~ day nf November. 2008.
Loucri~hia A. Ellis
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COUNC IL COM MUN ICATION Date: Agenda Hem: Subject: November 3. 2008 9 a 1, A Bill lor an Ordinance adding language to 1he Englewood Municipal Code regarding 1he Remittance olTax when ref}ing on Electronic Databases
Initiat ed By: St aff Source:
Department of Finance and Administrative Services Frank G1yglewlcz, Director
COUNCIL GO AL AND PREVIOUS COUNOL ACTION
The City Council discussed this Issue at the Study Session on October 13, 2008 and directed staff to
prepare a bill for an ordinance adding the proposed lan5uage.
RECOMMENDED ACTI ON
Staff recommends City Council adopt a bill for an e,•dinauce amending the Englewood Municipal
CodeTitle 4, Chapter 4, Section 4, Subsection 4 and the addition of a new Subsection 8, including
references to Street Guide and Electronic Database -Address Locator.
BAC1CGRO UND, ANALYSIS, AND ALTERNATI VES IDENTIFIED
The State of Colorado created retailer databases to hold retailers harmless when they rely on
certified databases 10 remit sales taxes if the taxes are paid 10 the wrong entity. The Colorado
Municipal League has encouraged Englewood to adopt this ordinance ho lding re1allers harmless If
lhey rely on certified databases "hen rem11ting taxes.
The language proposed for 4-4-4-4 reads:
(a) Any retailer that colleclS and remits sales tax to the Oty of Englewood as provided in this
Section may use an eleclronlc da1abase of Stale addresses certifled by the State
Oepartmenl of Revenue pursuanl 10 39-26-105.3. CRS to delermme the jurisdictions 10
"hich tax is owed.
(b) Any retailer that uses the data contained in an electrc~,ic. ,ia1abase certified by the Stale
Depar1men1 of Revenue pursu•nl 10 39-26-105.3, CRS lo determine 1he jurisdicti ons to
which tax Is owed shall be held harm1ess for an1• ta><, penalty, or lnlerest owed the City of
Englewood tha1 would otherwise be due solely as a result of an error in the eleclronic
database, provided that the retailer demonstra1es tha1 it used the most current information
available in such electronic database on 1he date the sale(s) occurred. Each retailer shall
keep and preserve such records as prescribed by the City Manager or his or her designee 10
demonstra1e lhat it used the most currenl information available in the electronic database
on the date 1he sale(s) occurred. If an error in collecting and remllting is a result of a
decepu, e represen1a1lon, a false represen1,11,on or fraud, 1he provisions 01 1his Sec11on shall • nol apply. This language mirrors 39-26-104.3, C.R.S., regarding electronic daubase certified b\ 1he S1a1e and relied on by a mailer. FINANCIAL IMPACT
This change should no1 lmpac1 the City's financial position.
LIST OF ATTACHMENTS
Proposed Bill for an Ordinance
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BY AUlllORITY ORDINANCE NO. SERIES OF 2008 COUNCD.. BILL NO. 77 INTRODUCEDBYCOUNCD.. MEMBER ____ _ ABD..LFOR AN ORDINANCE AMENDING TITLE 4, CHAPTER 4, Sl!CTION 4, SUBSECTION 4, AND
ADDING A NEW SUBSECTION 8, "LOCATION GUIDE" TO rnE ENGLEWOOD
MUNICIPAL CODE 2000.
WHERE.AS, the State of Colorado created retailer databases for retai lcn to rely on when
rem.'tdng taxes; and
WHEREAS, The State of Colorado bolds retailen harmless when they rely oo certified databases
to ranit sales taxes if the taxes an: paid to the wrong entity; and •
WHEREAS, the Colorado Municipal League bu eocounged the City to adopt this Ordinance
holding retailen bannless if they rely on certi fied databases when ranilling taxes; and
WHEREAS, this language mirron 39-26-104.3 C.R.S ., regarding clcc1Jonic database ccnified
by the State and relied on by a retail er;
NOW, TIIEREFORB, BE IT ORDAlNED BY THE CITY COUNCU. OF rnE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
~-The City Council of the City of Englewood, Colorado hereby authorizes amending
Title 4, Chapter 4, Section 4, Subsection 4 Pangraph D, of the Englewood Municipal Code 2000,
to read as follows:
4-4: SALES ANDUS E TAX
~: U ce DH for Retailer R.equlred.
A. It ahall be unlawful fo r any person to cna,ge in the busincu of making retail sales, as the
same is defined herein, without first having obtained a license therefor, which license
shall be granted and issued by the City License Officer, and shall be in force and effect
until suspended or revoked. A separate liCCDIC is required for each physical location
within the city limits of the City of Englewood.
B. No license shall be required for any penon enpged citclusively in the business of selling
commodities which an: exempt from taxation under this Chapter.
C. The license required by subsection A above lhall be granted upon &JJPlication as set forth
in Title 5, Chapter I of this Code.
+111 Git,• IMII 11111111 a -..11,1,1118 MY "'!111111111 llllle, a lellliea 111id1 llle•,ia& lh 1
hllllWiN eflh1 Gii,, ller-ulieu IBM 11• en e,r,llwS111-,, 11 198'1 1h1
,_..w111iflg "IM8F IMj Nly BIi Nell l8111ie111'1id1 111d lllj' -,lll11 lll1110f, 1•rei lali l1 18
1111h IMBF, ill dMlffllHIHII hllhw le 1111111 a NIN er 111111• or it elll, ~le p1111lly
~w.ipesod er eeheR ~, dolioieaai ~'"'"'""d ege•RSI ill•~• "lllder-he ia geed fili1h eemplies .. ith 1he R10s1 reeeal leoe1iaR gijide e•cailable 10 i1. E 12,. No sales tax license shall ~ required for any person holding a garage sale, as defined herein, so long as they arc llOI m ,,olauon of 15-16-2 HIC. ~-The Cily Council of the City of Englewood . Colorndo hereby au1horizcs amending Tille 4, Chap1cr4, Scc1ion 4, of the Englewood Municipal Code 2000. by the addilion of a new Subscc1ion 8, to read as follows:
~ l &SltiPP Gulde
~ Street Guide,
The Citv ahaH rnnks BYlil@hlc to anx CCQUSUOR m,dg[ I MRS guide showing lbc
boundaries of the Citv For tmru;octions cm»ummated on or Aflsr JenuPrv I 1986 the
mucstio @ vendor mav celv on such street wide and anv uDdnte thereof ovailable 10 such
vendor in detmuioip g whether IP GOllESI D sale or USS lM or both No PSPfltY Sholl be
i"lPP1ed or 1Sti80 for deficicpcy maiorninr4 esnioSJ such I yqytgr whg in good ftitb
cornnUa with rhc mos1 r;ecep1 $\Cffl guide mHfhh; to it
a. Electronic D@lAbMe • Addtt$$ Locator .
.1. Anv mails tha1 wHects and rqni1s sales tax to the CilY of EnalEW994 u omvided
in this SCSJioo max us an electronic database of mtt: adweses cmificd bv the
s101i: Qcpaamcn1 ofRcvcpugpurnuapr 10 JN§·!Q5 3 c B s IQ dctgmjnc ibc:
iurisdictlons to whis·h tH is owe4
2. Anv reta.ilsr that uss the data com,ioM in an slccrmnic da11Jwe ESlified bx the
S101e Pmaomsm ofRsxcous PYD\110! 12 39-26 .. IOS 3 CR S to detscroinc the
iurisdktions to which tu is owed $hall be held harmless for anv lPX omaltv or
interest owqt the Citv o[ En slewood that would mhwisc be due 1olslv as a result
ofan gmr in 1hc c!sx;tmnis datol?Me amvidcd that the a;:,aiJg deooosmts§ 1hat
it M 1hc most CUJIFDt iofognation anilabls in such elssmnis 41tahue on the
date the IPIW) gccµqed, Each cesailec Dhnll keep and WSSGO:S IU&b ,:scgqk 1$
orescribed bx the Citv Manager or his or her designss to demonstrate that it used
the most cua:srnt iofonnptioo available in the electronic database on the date tbs
saids\ ocsua:;d Ifoo qrpr in @llesliPR and rcroinins is a resuh ofa deceptive
CSPrcsen11uion a false cmrcsotilion frnud or neslisence the omvi&ions of this
Section 3h4H not APPIY
~ Safety Cl11uscs. The City Council hereby finds. dctennines, and declares thal this
Ordinance is promulgated under the general police power of the Ci1y of Englewood. that it is
promulga1ed for the heahh, safety, and welfare of the public, and thal this Ordinance is nccessaiy
for 1he preservation of health and safety and for the pr<>'"Clion of public convenience and
welfare. The City Council funher detcmlines thnl the Ordinance bears a rational relation to the
proper legislative object sough1 to be ob1ained.
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~ Sevcmbt)ny. If any clause. sentence. paragraph. or pan of tlus Ordinnncc or the application thereof 10 att) person or c1rcumstanccs shall for any rea;on be adJudged by a coun of competent 1unsdic11on invalid, such judgment shall not affect, impuir or iawalidatc the remainder of this Ordinance or its applicallon to other persons or circumstances. ~ Jncomistcnt Ordjnanccs. All other Ordinances or ponions thereof inconsistent or conflicting with thi s Ordinance o r any ponion hereof are hereby repealed to the extent of such inconsistency or conflicL
~ Effect o(rq,cal or modification. The repeal or modificauon of any pro,ision of
the Code of the City of Englewood by this Ordinance shall not release. extinsuish. alter. modify.
or change in whole or in pan any pe1111ty. forfei1ure, or liability, cnher civil or criminal, which
shall have been incurred under such provision. and each provision shall be treated and held as
still remaining in force for the purposes of sustaining any and all proper actions, suits,
proceedings. and prosecutions for the enforcement of the penalty. forfeiture. or liability. as well
as for the purpose of sustaining any judgment, decree. or order which can or may be rendered,
entered , or made in such actions. suits. proceedings. or prosecutions.
Scctjon 7, ~ The Penalty Pro\isionofSecdon 1-4-1 EMC shall apply 10 each and
every \io\ataon of this Ordinance.
Introduced, read in full, and passed on first reading on the 3rd day of November, 2008.
1-.blishcd as a Bill for an Ordi nance in the City's official newspaper on the 7., day of November .
2008.
Published as a Bill for an Onlmance on the City's official wcbsile beginrung on the 5th day of
November. 2008 for thin)' (30) days.
James K. Woodward, Mayor
ATTEST:
Loucrishi a A. Ellis, City Clerk
I. Loucnshia A Ellis. City Clerk of the City of Englewood. Colorado, hereby ccnify that the
abo\'c and foregoing is a true copy of a Bill for an Ordmnncc. introduced. read in run . nnd passed on
first reading on the)"' day of November. 2008.
Loucrishia A. Ellis
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COUNCIL COMMUNICATION Date: Age nda l!em: Sub ject: November 3, 2008 9 Ci Resolu tion Approving Proposed Changes to the City of Englewood Investment Policy Initia ted By: Staff Source:
Department of Finance and Administrative Services Frank Gryglewkz, Director
1:0UNCIL GOAL ANO PREVIOUS COUNCIL ACTION
The Council dlSCUSsed proposed changes 10 the Investment Policy al the Study Session held
October 20, 2008,
RECOMMENDED ACTION
Staff recommends Council approve the changes and updates to the attached Investment Policy.
The Investment Policy Is applicable to the investment ot all funds not immediately needed for the
operating expenditu res/expenses of the City, except for the Firefighters Pension Fund, the
Volunteer Firefigh ters Fund, the Police Officers Pensio•, • ,nd, and the Non-Emergency Em ployees
Pension Fund.
FINANCIAL IMPACT
There Is no direct financial impact to the City from adopdng the proposed changes to the
Investment Policy.
LIST Of ATTACHMENTS
Investment Policy .-,uh Proposed Changes
Proposed Resolutil'ln
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City o f Englew o od, Colorado INVESTMENT POLIC Y The Olfector of Finance and Adrron.ttrallve Services of 'lhe Csiy ol Englewood, Colorado 11 ona,ged -lhe rtll)Ons,t,,l,ty to pn,dontly Incl p,ooerly man,ve 1ny ond 11 fund• of the C•ty Beeause the!! ru.no, ma.y be ca1led upon. ~ • esse-'lbal U'lat lbswte matunty honzN'II are 1d1ntlf1ablt for lhe purpose of bqurdny Moreover, thest funds mus! be fully coll111r11,zed and
1op,op,.110tr authonzed Tho f-1111 lnvesOltenl ?olocy adllreHos the methods p,oceduits
1ndp,aa.ceswhlcnmu,1beexoraudto....,,.tlf•d"'landsoundf,scalm1nage,nont
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This lnvt1tm•nt Polley shal •flPIY ta tilt -•-•I of Ii (ll\llnaal assets and al funds ol lhe Cily
of Englewood (herear1er referred to aa the ·cit'() ovet wl'Mch it e•erc:ases f1n1nc1al conuot except
1/te Clly ol Englewood Fnf,ghle" Ptn1ton Fund. Volunteer Ftrellg~ter1 Pension Fund. Polee
Officen Pension Fund 11te Non-Etne<vencY Employees Re-Plan Fund N Ollet City
empb)'H ,eurement pla.n1 In order to effectively make use of the Crty'1 cash ttlOUrce!I , al
,,..,... -be l)OOled Into one orwestmanl aa:ount and a;counled fo, 1epor11ei'( Tht
.,ve,lment onc:orno denved from U. ICCOUIII -be dlsri>ulad to the Yanous Clly funds .,
1ccort11noa with EngllWOOd M~noclpal Code ••• 1-2-A.
OBJECTIVES
The C,ty's p,inclpal Investment oojecbve1 ore
PteM<Vil>Dn of capital and the p,-ol orwestment ~nnc:lpll
Ma.,ton1nce of sulf,cienl ltqud,ty 10 ITINl ._ll!d cfllbursen1tnl! ·""' cash r.•u
01ver1?icat1on to avoid Incurring unreasonable rrsks rega.rding HC1.'lC"1"" owned
AttllM'lent of market rale of return equal to or Ngher than too performr.:e measure
ostabUhad :'I' Ute Oirectcwol F.,...,. N Adm,..lrlllYe 5eMcH
Conformance with all City, Federel, State end other legal requartment""
QELEGAIIQN OF AUTHQRIIX
The ultvnate responalbl~ty and 1uthonty fo, ,nveatment 1ran1&ct1on1 tnv~vmg lhe Qty resides with
the o,,.-ol F-and -tro!M S.-(her..,.tter ref~ ta as the 'Dlroelor") who
nas been dos!llMlad by the City Mln89'f II the lnvtllmlfU Of!Jcer fn •IXlOldanc:e With
Eng lewood Mumc:1p1I Code The Otractor may 1pp01nt other membflrs of the Crty staff to as1•1I
twn '" the cash manegement 1nd lf'lv11tment functton Penons who are authorized to 1ran11c1
business and wo fl.rods on bellaf ol the Cily d be dH,gnaled by 1/te DndO< by ltoe wire
tran,rer eqreemant txaculed with the City s app,oyed deposdocy for barl< .. ,._ (-Ai,pend,•
I) The Oitector shall be responsible for an lnvtttment dec:ls,ons 1.nd 1ctw'1t1111. and shell es1abll1h
written m,nsltltMt p,ocewn fo, tr. --ol lho City's investment p,og,.., cons,s11n1
wah thos tnvostmenl Polo<.y The lnvt11me<1 Olf100f acung W1llw1 thtse p,ocedlhl 1h11 not be
hlld par1ona1ly liable for specific mvulma111 1,ansoct10n1
Tho Owec1o, may ., ,,.. d<scr...,. •fl90IOI ono °' more fnve'.:met!I -.. regos11<ad W1h the
S1cun11&1 and E1tch1oge CommiSslCM'I uodet tht Investment Ad'l'l1er1 Act ot 1940, to manage 1
poroon of the CJty I es sets An appo.nted ln·,,fHlment Advtlor may bl granted limtled Investment
dlscn!IIOn W'thln lllf ~ ol lhd lnvestmont Polley W4h rev11d I<> tho City's UNI> plllCIO
under 11, m1nagem&nl An lnvntmtnl Advisor ccn only bit eppotn1td after consullltion WTt:h end
IPJ)fOVl)I by the City Manager
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~ The Stancatd t$ Pl\lde1'Ce 10 be used tor tnaNUJtng 1he C4) I •ntll fl 1~ ~p,uoon, '""'":ol' rule W'hiCh l~'.es tttal I pn,oent ll'WHlbf 1t\atl e .lU!f'C,51! the •udg~nl and catl unctef lhe Circumstances then pctv1.hng whoCh men o1 p,uoence, drsc,11101'1 and in:et11gence extrme 1n lhe menagemer,t o! the ~roperty ot anolhor, Mt m rega•d to 1pecuta11on but 1n ,egard 10 the permanen1 d1spos11.on ol funds cons1oer1ng the probable 1neome a, wen as the PfOOlble aalety of cap<tol • ICRS 1 > 1-304 Slandord 101 lnve1tmen10 ) The Ccy • .....a .,......,... orog,.., .,... be oes,gntd 1'1d managed .. 111 I dtg,ee al l)(Ofess.an.usm that 11 'WOftn~ o' ~ ~ trvlt The C4ty recognan that nc:, ..,ve,tmen1 15 101aty n:skltss and !hat the 1nv11tme.r\t ad1v1tie1 of the City are a matter of public record Accordingly,
u,e C11y recognizes 1h11 occasional me11ur8d 1055es may bl de1lf1ble in a d1<1ersd.ed portfotio
and sha1i be considered within tl'le conlexl of lht portfolio, ove,111 return, provided thll adequate
cbwradiubOn has been nlptememed and that the sa~ er I secunty is ., lhe b111 long-term
'1terul al the Coty
ETHIC S ANO CONFUCTS OF INTERE~T
All Qty tmP!O)•e:es mveiytd .,, tne 11W!Slrnt0! P!SPSS shp~ 1Chl" Iron, AA1JQnpl bullMH aci!VllY
l!la1..a tg conn11t1 w11h ptopet @Xf:CVhPO of \ht invesrrnrnt Q!OQtpm pr wt-uch could n,paw 1Nf1t
@bt!lrt to make tmOIU1fl IO>ICS !Men\ daa,10O1 Emoiovees ano r~·westment pfflc;lll lS !hi!! g15c1Qse
10 tho C11v Maoaoor any ma,.cna1 fw>anc11l ,me•est "1 t,naoc:aal m11~u11ons that condua bu1,ness
wnn lhl CltV and lhfY lbllt fur1hef dtsdou anx la{ge personal t1nanpatfmvesnncm pqsitppns thal
cpy,id be re!atcst IA rt'lf pttfo,mancc of Vlt cm,, QOftfo110 E!"!P!PYm: shal 1WCKdnat1 lht!t!
Rtttpnal wweslfnenl ;ranHct!P'!l IQ Jhoa pf b Crty DfUAArty r.n 'fll3fd to V!I \!!!!!9 pf
PMrchlRI and HCI
ELIGIBLE INVESTM ENTS AN D TR ANSACTIONS
All Investments wlll be made u, accordanca with the Colorado R1v1sed Sta1utes (CRS) 11 tolk'lws·
CRS 11-10 !>-101 , ti 11q Publoc 0epolr Pto<-Ac~ CRS 11-47-101 . 01 seq Saw,gs and
Loen Assocla!JM PuC1oc Oej)osij PtOlld,"1 A1:t. CRS 2••7S-601 et seq Fuods-l.egal I•--· CRS 2._7S-603 •' seq Dloos""""' and CRS 2••7!>-701. et IIQ lnYe..-nent
Funos•local GoYommtnt Poolng My --.. ••len .. ont cl NH sea .... cl Ille CRS WII
be Hlumed ID be pan cl th.s ,,.....,,_ Pol,cy ommed,ato/)' upon being eruiCll!d
As , home Me C,1y, Englr NOOd may adopl a lisl of acceplebtt ~ves1ment m1truman1s differlng
from those outlined In CRS 24•75--601, et seq Funds•! '"911 lnvettments Funds ol lhe Crty of
E"l:le,,ood covered by lnlS ln,eslmenl Polley m1y be ••••Sled In the following !ypal of IIQITTIJo5
andlr-
1 US TreHt.ryot>i.;at,ons T<eHt.ryHs. T,easu,yNo<e11ndT,easu,yBond1W'ltlm111.robes
no1 tllceedITTg fu'.t ytlfl ffom the date of u•de settlement
Treuu,y Stopt (book-entry U S Trea1ury secunhes whost coupons hilve been ramo~ed)
wilh matunlies not e1ceed1119 ayf1r1 from the date of trade settlement
Ftdetol /MltUffilllla:,i»s • Oebfflurot Ooscount NOIH Modun;T8ffll N OIH, C-
SeaJot,es Ind Slep-up SeaKd,es IISued by the 1-.g only federal NlbOnll Mongage
Assoaal,on (FNMA). Fode<at Home Loin Bank (FHLB). Federal Home loen Mongage
Co,porat,on (FHLMC) Ind Fede11t Form Credd Banks (FFCB) wiln maiurdies not exceedmg
m!,.years from tho doile of 1rade aetllomont Federal ln1u,ymtnlAl1iy Sectm\191 fhf!N be rnted
IQ lhe h1QheSI '111!'19 caiegory bv Al !cast two Nationa11y Rect)gr,.zed Stal 1Sl!C:!'!! Rafltla
~n·za110ns (NRSR01l tha\ ratt Ihm •~~l"'J.!!2ll4P,s b)· any NRSRO tnat ra1n
JnoOebt
Ropu,chaoe Ag,...,...,,""" a -1110n <1a1e al 90 oaya or 1e1s U'"""'IJ u s r,. .. ...,.,..,
federal lnstrumonUth1y &~nhes listed above eoMatc,akzed at I minmum marbt value of
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j Delfltrd: S
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102 cerceiit ot the dol,a, ~alue of tri.e i,.,-s,ictJon with me accrued ,i1erest eccumu1a•~ an lrte coll,atera ll'le,udeo "u. c,l:.~r.auon Repurchdlt 1g;eement1 1ha~ be enlctfed ,nto only w11h deaters who 1) are recog,1111~ as Primary Dealers by 11"11 Ftdafal Reserve Sank of New Yo,t,;: or 11,11h firms uiat h..,,..., .. , pnmary de_, ..,,thin thew noldtng company ,uucture ano b) ha.,. txleul'ld a Coy opptoved MIiite, R_..,_ Agtoernont (see Aoponcb Ill TIie OwltCI0f W I marntrun a fi*e of •~ executed M111« Repurch111 Agreements Primary Dealer• approved es Reourchan Agreement eounterparues. ~ rated shall have a llholt•lenn c,ed,I rat,ng ol II least A-1 or ... ---and I long•telffl credo fl""!! ol II IH&t
Ao, U\etoiP'V$t\l
Collatefl! (pu1chased Hcur11ies) shall be held by the City's custodian bank II safekeeping
1get11 and lhe market value of lhe collteral s«uriC.111 Iha» be marked•lo-the-maff(e1 daily
For the_. ol lhAs H<1!0n. the""'" ·a,1o,.,,r shal me1n "purchased Hcunl,n" undef
11,e 1erm1 of the Cny app,oved M8Sltf Reporcha111 Agreement In no case win lhe m1tur11y of
lhe eonate,11 e xceed JQ.years
5 R...,,.. ~ ~ w1lh • ma'1.nty ol llO da)'I or less•-only •-t
1ecun1>e1 -by lhe Ccy and cclotora-by 111111me lypt of secunty r1Y011ed
S Flex,bte Repu,chese Agrnments with I final maturtt, of J,2.yew1 or Jess entered in10 by 1he
Oty wdh lpjlfO\llld ccu,IOtl)OtllU These -ropurchaso ltl'temenls ml)' be dosed out
WI VVfll'!I amounls and II vary,ng 11m8S al !ht opl,0n ol f>e Crty These egreemenll 11e
deemed by both partiu 10 be purchlNt and sa'81 d aecunbes and are not toana
Al ouch f\ulblo ropurdla1t 1gream1n11 11\al meet thl lolowong cntoria
Be deton,,,r,ed OS legal and valcl lor bolll pa,1111. Colla-shdba liml1od to
a ) • cuntle• ilsued by. guaranteed by, or tor which lhe ctodrt of any of lhe tonow,ng la
pledged Jor payment !ht UMed Sia,,, Federal Farm Credit San~ Federal Ur.cl
Bat,Jc, Federal Herne u,an Bank. Fade,al Horne Loan MonGage Coli>or•'-Ftdnl
NallOnal ~ Assoc:,a;,on "-1 tffll)Oft Bani< o, lhe GomM!ent Nat,onal
Morlglge AslOCIIIJon. or
b) Securi[ies 11soeCi by. guar1ntlftd by, or fo, which tht cntdlt of the l0Uow1ng is pledoed
for payment An ontrty "' 0f90114Za~on which lo not nltd ,n paragrepn 1) above, bu!
which • ( 1) c:ealod by. " !ht o-ea110n ol whtch IS authonzad by. log,llat,on enoc:,od
by the Unrled States Congrtn and -IS •utiiect to control by the loder1I
9ovemment whK:h ts at least as extenllvt as lhlt which govemt en entity 0t
organization l1Stod in paragrept, 1) above, and (2) rated In~• highest rating category
by one or mora na110naly recognized org111W1ti0nl whtch regularly rate such
obligat!ons
HaYO a r-rate dumg the ent .. kfe ol the agrHmen~
The dollar amounts and penod1 of tme whan the City may draw funds out of Iha
repurch110 agreement 1haN ba egreed upon ,n wrrung by both panie1 and shall ba part or
the written repurcha&I agn,emant axOfcned by it. Qty Ind Ille IPl)t0¥9d countarpony,
The City ha lhe opll0n ol varying thl dolat -,,,1 and tho tmong ol lne draw down by
an agrnd upon percentage of tllo llllllDlml draw down and a speaflld number of days
The Crty and the counterparty ,o the agreement WIii specify the detail■ ol tho aUoweble
variance when the egreemenl 11 structured In ■dd1bon lhe City may d(aw down an
exc:ou o/ lhe va-up to tne rernan,,g balance m the agreement 10< • bona ftdo,
unantJcopalld cash ,_
Collaiter1l 1hall hlvt a minmum m,r,.,et value (1ncfudmg accrued 1nteresl aoeumulattd) or
at k!ast 102 peref'nt of the dolar vatue of the trll'IHCUOn
lo.,....,..,
(o...,..,,..
Repu,cn1se: agrpemenss ,,.~r oe ~t•red 1n10 or) ~,_.., oea·rs wno are ~;,1do...:eo by trw Director ,,..d nave e•ecuted a City app,o~ Master Repurchase Agreement, Th.e Director shall maant•1n a fd@ ol a11 HICuted Master Ropurcnase A9reem1n1s Tne 1,111 to or a perlec.tad s.ctcu1Ity Irt1erest In securi1.1es. along w,th any neee,nry transrer dOOJmtl\tS mus! be tr&r1sfened and 1i;w1tty del'Vered 10. and shill De rtld by lhe Qty s """1•po•i, custod,.,, -adJng u .. le!<eep,ng "9f"I Thi! _,.,.., -of tho col11tr1t 1ecuntN!1, shl1· be mffled~to-U,,. ma1tet at .,.,, wee'cly based on Che dosing bid pnce al 11,e ume the custodian for tht cof1a:er1I 11sue1 rts montnfy s1atement to enc., Crty For tne puroose ~ lhe Hd•on tne term Cdla:erar sh.all mean •purchased secuo1.es· unde,
the tem,1 of the C,y apptOVld Mister Repurchase Agreemeol ltl no ase <w ""tnatunty d
1111! 0llatorll uceed.!.Q.yoars
T1me Cend1ca1es of Oep0s11 with a ma,umum ma1u11ty of~ years or savI1')QI accounts M'I
state or "•t!onal banks 04' state or rederalty chairtered 11v1ng1 banks opet111ng n Colorado
that ar1 state approved depotrtona (u evidenced by ■ c:enif-ca1e 1$SUld b~ 1he State
Bankw,g 8o¥dl ond are """""1 by the FDIC Certlw:atei ol deposit !hat txooed the FDIC
mured ""'°""' shal be """'teralaed ., occordanoo """ tho ~ ~ llepos•
Protect10n Act The colte_,.., ahll have a mar~■t Vil:ue eqUII to or exceedlf'l9 102 percenl al
the ddferenc1 between 1h1 1n1wed amount end 1he C,ty 1 10111 deposits fO" '" funds wrthin lhe
insthutJon
8 Money ~!l<el Mutual F-,_1ered....., the ln ... 111\0nl Company Act of 19'0 tl1at I)
are "no-loocl" (1 e no comrnlUlon or In sllol be cna,ged on pu,ct,ases or ..,.. ol $hare,).
2) llaYO • C011Stan1 nel nMI value per shore ol $1 00'. J) lm1t auets of the fund to secunties
authonzed by state 11a1u11 -41 haYe a ma,umum stated maturity and we1ghlld average
maturity In accordance w1lh Rule 2a•7 ~ lht Investment Company Act of 1940, and 5) have a
oabngol AAArn by Stano:t11d and POOi',. AH by Moooy's or AAN\/1• by Frtch
9 Colorado Local GcNemmerc l.,qucf Asset Tn,s1 (COLOTRUST) os "'1honzod under CRS 2C·
75-702
lO Pnme Ban"-•r• Acceptances rated at leas1 A· 1 by Stafldard & Poor's, P· 1 by Moody's and F1
by Fitch II lhe time of purchase by at leas1 two Hl'\'iteS lha1 rote them and sheM be ra1ed nol
less by any servace thal ratn them WJth a t'Mluuty d s.ix rnonlhl or leH tHutd on domesbc
banks or btanclles ol for09> banu domocllod ., the US and _."°'!I under US banl<wtg
laws Ac<epbng baJi<s mUft hMt • -deot raw,g of A2 by Maodys and A by Standatd &
POOC"'s
11 Pnm l't Commefci.al Papet W'llh a matur ity of 270 days or less which al the llmt ol purcha.s , 11
,.~ ., feHtA•1 by Standold & Poot's p.1 by Moodys and F-1 by f'rtch
a) Al 1he time of purchlff lhe oomme,c,al p_, mu>1 be rlled by a: least two o >I
s:.too ralng "9"ncoef II tho staled mnnum ,-mg
b) If mor1 than two of lhl above stated egef\Clff rales an t1sue, a• of those rating agtiutk
must rate tne issuer in accordance wItn tbovo staled m~mum aedrt ctitetia
c) tr 1he commeroal paper 1uue, has sent0r debI outs1and Ino lhe senlOI' debt musI be ,oted
by HCl'I HIVICe Iha\ publishes a riling on the ~liiU&I' .. ti least A2 by Moody s A by
Stanciord and Poo, sand A by Foti:n
12 Corporate Bonds &SSued by • corporal.on OI' bani-w.1h • f n,11 maturity not tllceed-,g tnrN
yea1s from lhe date of trade setttement, ra1ed at Jeast AA· by Slandard & Poor,. Aa3 by
MoOdy-1 or AA by Fitch 11 lhe i,me of purchase by each aervtee tha1 rntt1 lhe debt
Authonz.Dd corporate bondt a.haM be U S d~lar deoormna:ed and brmted lo corpora1Jon1
o·ganazod and operated 'lln!JWI the Unt.ed Stat.l's" ,th a net worth " excess o( U.50 mAon
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OTHER INVESTMENTS 11 • lht WIien!: rt lhe City lha: !"t fott,gOl"g till ot 1utrtiOr1UO H CU,...Jft oe SU!Clty in!etpreted Any deYIPOn flom this Ii.st must ce Ofe•ilDP'0ve<l oy N 0...ea::,, ,n ~Nv,,g ahe--aopro-n oy tne CrtY Mlnagttf IN VESTMENT orvERSIFICATION 11 ii !he an1en1 of the City to d1var11fy the 1nves1n,en1 1ns1tument1 within lhe Portro110 ta avood 1ncumng unreasonable nsl<s inherent 1n ova, 1nvaat1ny 1n specific W\Strumen1s 1ndrv1dual financ1a1 1n11rtut10ns or matuntaes The assel anocat1on 1ft the portPOlio shoukl. however, be flexible
dePtncf1n; upon !hi! outlook for the economy lhe s &C\Jrit11s r ,ark.el and the C•tr s cash flow -· The C.y may anve51 to lhe foilOwng ma-.imum llmu wllhln 11:n category
50% ,n CerulicaleS of 0epo ..
•0'4"' Commeraal P-
• ~ WI Bankers Acceplancos
• ~ in Corporate Bards 5% ., ~ one IS.SUit' o, lltl aff!Lates or sutts.danes
r .. 1s for lmlilbons on pe,ceniages ol h"""'°' opplr IX> Ille-~• of lhe entJre ponlol,o of Ille
Clly, not 10 ..r'lllduol ponf.... mo,ni.ined l>y Iha C,y Pe,ce,,i.ge limnallON used lor
mtaturltfflO(ltS are base..! on me percentage of cost value ot 1ne portfolio
INVESTMENT MATURITY .ANO UQUIO[Y
1nv111m1nt1 shall be limited 10 ma1Ur11Jes not exceechng five ye ars In addition , the wetghttd
aver1g1 final ma lu nty of the total portfo!10 ahall 11 no time ttxe&od 24 months
gL'.,S:TION OF BROKER/DEALERS,
Thi o.rec1or $hall maintain a i.,1 of broketldtalera 11)ploved for 11vestmen1 pUfl)OHI (tee
Aw "'"" Ill) and l sha• be lht pol,cy of 1ho Clty 10 ourctwe seaiMoes only from those
authonzed frms
To be lligll>lo 1..,. mus1 meet al leas1 one o/ Ille f-,og Cllletia
1 bt -n a Pnma,y Oealor by Ille F-rll Re-Bar4< of Nti,, Yotl< ot lla¥e I
pm,o,ycfe--lhetr ~ COfflP"'Y IINClurl
,_, ...... ta.ily 1011,e Feoerol Rfl8Mt Bini! of -Yen,
qualdy under Seamlies and Excll-convrus,.,. (SEC) Rule 15<-3 fU•dorm Ntl Clp,tal
Rull!
Bfokerfdellerl win be selected by tne OtrCf:tor on the bas~ of th8lr expertise m public eash
managem~t and ther sbtbty 10 pro\lKtt H'V1Ce 10 the Caty's account Each authouzed
brOktrldea!e, shal be r~qu1ted 10 subm1f ana annually upda te a City approved Broke,/Oealer
lnlormo1100 Request form which Jndudet the f1rm'1 mo111ec•nt rmanoal i.tatements ~
Ultl PO tXl,J!Q;tl 11we11nien1 advisor IS no, YHO IQ lhe process o( recommending iii Da□~u111.r
uaonciion In \hQ C11v's P0rtfoho any ilUlhcnz~ bfokerldrl!!rr l(pm whom 8 compou11we 1:MU
obta ined !or lh& transact10n w.1 a11e11 10 Wf1t•nA Jnp\ b8ilhe has 1ece1ve;tf ■ COO~il.
The C4ty maw purchase Comn tweta1 Paper from d1~ec1 r.iuers eve n though they are not on the
app,CM!d Isl of t>olle<ldealers as long as !hey meel Ille.,,.,,.. ..,,_" '""" 12 of lhe Ei,g,IJle
lnwntment.s and Transa:tiCWIS sectian ol this lnve.1tmtn1 Poley
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O..l1ttd! B•o\•tlDlllttl lh--;;;;.I I
'"WflttnOlhllmtrtwiwtettweCI•
__,,_Dldl"!W""1el"IIPQ!q
CQl,IPETITIVE TRANSACTIONS h-ch -wn~ lttMatbOn snaS c. eot"pet.t ~ nn1adea wen -.nnorczed b,Ql,,e,ioea.1111 Al 11:HI 1--,ee bfOktrtdlalef, Sha.I 0e CO<tlKt~ fOt Heh trlntKt;On end~ bid and offemg Pf'U5 lhatf De recofded II the City 11 olltued 11 1ecuri1y for which thOte IS no 01her ,ead.ty available comjMW~e offering, then the 011ee1or 'Mil documenl auotabona for comparable or 1111,nauve secu,rues SELECTION OF BANKS AS DEPOSITORIES AND PROVIOERS OF GENERAi. BANKING SERVICES
Th1 C11y shall ma1ntH1 • list of banks approved to provtde b.anlil.ng services or rrom whom tne Cdy
may pmchase cen1flcate1 ol deposit Bal"ks 1n 1he judgmen1 or the Director no ~er offering
1daq1.1a1e safety to the City will be rem~ed from lhe !1st To be 1llglble for 1ulholiz1hon. a bank
shill JUally a, I Oll>Otllo,y of P<lbk fin!, ., Colotado as dof,,ed r, CRS 24-75-&>3
SAFEKEEPING ANO CUSTODY
Tho 1afekeep,ng ond cuatody of .. cunt,e1 owned by lhe Crty ,i,.,11 be managed ., oecordance
wl1h opplocable Federal end Colo,ado laws and regulallOlls
The Oirector she' ■pp(O',e one or more b1nk1 to orovide uftkeeping and custodial Hnices for
,,. cny A Cily --Safek-~I ..... be .. --each cullodcln bank
prior to Ldmg 1h11 bri's safekNl>inll _, To be lig,llle a honk ahol qullily as a
dlpOSr.o,y ol f)<mk fl.llcls., 1he Stele o1 COlatado as defr,ed., CRS 24-75-603 and tea Federal
R~ member fN~ r,st,tut10n
Coslod1an banks will be selected on 111e bases or thel, obU1ty to provide ,a,vlce to the City's
ocecunt and lhe compo1111,e p,,ang of l helr 11rekeeplnsi related IIMCH. The C1Jy'1 d<tslgnated
cuslod,an bani< It Ml forlh In Appendix IV of 1111< ln,0slillif,l POlocy
The purctiase am -01...,._ and ,_i,a.e agreemont-..cbOnl lhol ba Mttled en a -1)· versu> Pl""""' bales Ownenhip of al seaniU shal be perfed.ed" Iha name of Ille
Ciey, and suffllCll'nl tvldence 10 lllle shall be con~istent w,th modem .nves1ment banking and
cornmereta1 practict•
AJ1 1nvestmenll, except certJfacatin of depo111 and local govemment lnve:stme,t poet, purcha-,ed
by !he Qty s/\al be deiwred by ei1her -lf'4rY or pl,yscal dllive,y and WII be held., l!n-party
llla4<eepng by h CCf• designated custodian bri. ~• ca«ffl)Olldeftl boli< ., 1he ~
TIUII Campany (OTC)
AJI Fed Wtteable bOOk entry secun1.ie1 ewf'~ by the C11y 1h11t be evidenced t,y a 11fekeepng
,ocetpt or a ctJstomor confirmation 1ssuto to the C1~ by the custodian ban~ Jtl!IJng thal 1he
HCUflhes are hetd In lhe Federal Reserve system In a CustClffltr Account fo, ti"-.1 cu1tc~1an bank
whlch wil name the CLty H "customer·
M OTC otigillo -sllal be hlld r, 1he cuslodlan bri s Oopow,ry Tru,1 Campany (OTC)
potUQPol'll accounl and lhe CUIIOCNn bank &hal ....... saf•I--evidenc,ng that Int
ttcu,rties are !Mid for the Crty as •cuatomet ~
All non-book entry (physical del,,.ry) 1ecun1ies shal be held by lhe cut10dlan bank's
COfrespondent bonk 1nd the custodian bank shal lssu. 1 11rekeep1ng rtclflPI lO the C11y
twlenong lhal tho IIIQlotlff are held by tho correspondent bin< for lhe C,ty as "CUIUlffltr •
The Coy's QIStodoan WII be ,eq .. ed 10 fumsh lhe Cty Wl1h I monlhly repor, el -.OS held as
wel ■1 an acccx.ril anllyali repoo of monthly ncunt.es ICllvlly
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PROVISIONS FOR ARBITRAGE n,e c,1y penodically ,ssues deb! ot,1,ga1,ana wn,ch "'" 1Ubfect IO the P<OY1Soans al lhe lH Rtlam, Acl ol 1986 (sec,,an 1'8FJ. Alb<"8g41 Rebell Rogul1t1ons 0ue to the legal complextllt1 o! arbltfage law and tne necessary 1mmUM1t10n ol yield leYell, the procedures ondenaken 1n tht reloveatment of all 01' a por\lOn of lhe J)focttdl ol 1ueh dabl ISsuance may extend beyond th011 outlined lf'I lhis lnvesimeni Policy The 0-rettOt upon adv.c:e from Bond Coun5el and financ11! advisors. may alter p, ~ 1ts1ons or this lnve11m1nt ?011cy forr arbitrage refated mvestments a, may be n1cessary to confonn with federal 11b11rag1 regul1Uons In an cases, however lnve1tmen11 w1~ be in compliance wrth Colorado Rt!viaed S101u111 Th,s sec11on is only appl1Cable to Citt funds
subject to arbitrage restnctJons
m2l!I!!!!l
Ar. -,~esrnent ,epcwt shal ~ prepa,ecl at 11111 on I monlhl)' t>asrs. llsting lhe mies1ments held
by lht Ciy the a.wrern -.. iu. .... al lht WIWlSlmenlS and petlonnonoe resulls The
manlhly .,_ ,_, 1hal bt IIUbmmed., 1 trnely manner "'the Ciy Manage, ond lht Ciy
Caunal A reconl wl be IT\IIOlaJned by tho Dlptr1men1 of Finaroe and Admnsu.1.-. SeMr:n
~ •• -and ~ lo, .......... YIONCloant .. ondet ,. ensure lhal lhe Coy rlCOMI
ccmpelllNepncr,g
The Crty has ettabished repon,ng and oca,un,n,g 11andotds for callable U S 1ns1n.men111ty
HCUt!llll Callable secunhts m•y be rebred 1t the luuer's option pnor io lhe stated maxm1.m
m11ur1ty An 1ecuntes hdding repon1 10< tl'le Ccty 1tiall dJsdose the 1tated matunty II wel II lht
r,rat call dale or each ealtat>le security held In the c;1se ol c,llable secunties whleh are pu,ct1ased
pnced to the first cal date and, In 1he OPtnlon of the O.r1c1ot. have an overwhelmang probabd1ty of
011tlg called on the first cafl dale, weighled aver,ge m1turl1y, 1mort1za11on as wtll es yi-ek:I 1111" be
calcl.'aled using the first caft dale The ()jrecto, may, howe'ltf, ch001e to use a further call date
matm,w date for reporting purpose, when conchbon1 m1nd11e
PERFORMANCE REVIEW
The O,,taor and lhe Ciy Manager shal mN111111,1 quar10fly lo rmew lhe portfolio'• -enoo
to t.f)Pfopnate r~ level$ and :o COl'T\c>af9 U. PQfflo-01 1otaJ retwn 10 the estabbhed rwestmtnt
.. ..,_ ... ond goals
Tho O,,edOf lllal penodally ••-h I bonctrn.rk y,eld for lhe Ciys .,..._,,. ..i.ct, 1h11
be t<•,o/ ID lhe -y,etd on lhe us TIO'"')'~ .... -t, most closely corresponds ID lhe
p.. ""'°• ldual efftdlYe we,ghled ...,roge rnotunty When .--lhe pe,tam,1nce al lho
Crty • po,lfoio. II tees and e,penses ..-with monau"'!l lhe PQ!11ollo should bo rduded on
the compu1a\lon al lhe portfol1Cf1 1118 ol •11•m
I .
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I
~,!HDCQH!\fCU
MC,,em.,..,~_.l'lt
ll'h'ttln'leN 111n1cau ,1'111,.,.._ltOffl
OltiOMI INHIHI ldMty M could
conftld Wtih OCtlJl« 1:oc~ d lti1
lll'thltHl'IC o,ogrlffl, O!' wt1Ch ~
fflplll ,n~r IIOIIC)' IO mll• limpa,njll
111\'HtnMlnl OKl•ioM Emplojlffl
IINI ln111t1Cmenl oftlClll1 .,... dltcl01a
IO tlW Clly M11111ger ll'IY IIU~RII
IINI~ lftltfftl., fll\ll'ICIII
tMBNton• NI cCftdud i:,uw\eu wnn
~tetr andth!ylWNRhlt
~en,,la(Ql'DlnOl'lal
hl'la~W!'ierC ll(MIOnl hf
(OrMblnilalOdlO ... ~ I
ct11tiee.tr1JICl'ICIG ~
111111 ~.., oan,onal
IWIHll'Mnll ~ loeio.t al
•c.tr~9"'Nlpll1D""' -..-~-... ,
PQLICY REVISIO NS Ttus investmeru Poley w,• be r.-wiewed peno:lteally Dy 1ne Director and may be amended ,u condl!.Onl warrent by N Cit) Menegor end lhe r"Y C®nc, FrenlcGr-,glow,c;, Ov"et!Or ol FtnatU and Adm4niswatrv1 Sen,a,
lljlprOl'ldbyC11yCounca1
s.i,t.,,,i,or 17. 1990
AmtodedbyC.tyCoullQI
Oecember16 1991
Amoncled by C<ty Coun01
Aprl 5 1993
Amended by C.ty C<xrn01
Junt 20, 2005
ProporedlJJ Isl ______ _ St.veOaZZJO Acalunt,ng Manage,
ArnenoedbyC<tyCounol
Sept,mbor 5. 1995
ArnendedbyC<tyCo.rnc,
ll<oemoer 15. ,.,.7
,,rr,1,r,c)ed by C.ty Coun01
Fet,,uary 7, 2000
Amended by C11y Council
Daober 16, 2006
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State of Color-County o! Atapo,_ ,. Loucr11n11 A Edt1, c,ty Cterk m ar'\d !or 1he Cny oJ Englewood in lho Sta te afo1esa1d, do hereby c.eMy thll the fore,going tS a full true and corred to9Y of the lnvu1men1 Pohcy as the same 1ppeat1 upon !he records al my offu wntCh are 1n my custody Given under by hand and offo::aal IHI tnls __ LOUCF'llhll A Ellis
CrtyClor1<
APPENDIX I Authorized Personnel The foiowi"l9 Plf'l0nS •~ •~ to ~I ll'IV'l!s.untm L-ansacttons and wue-transfer f~s on boha" o! the C,ty o' Englewood Steve DOUlO Accounbng Manager i<a~c ...... Accounlatlt
K~ Engels Accountanl
Chh11ine Han. Accountlnt
Frank GtygltwlCZ. Director ol Fnance Ind_,,..,.. S..-•
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• APPENDIX h Repu rc h ,so Agreements The lc,1,towng firms hai.ie ex-ecvted a Cit)' apgroved M111et Repurehase Agreem@.n1 w,th 1n1 City o! Englewood Bene o! Amenca Securities LLC Morgan Stanley rN'I Inc
Agteements mai,_tamed rn sepa11te file
APPENDIX Ill Authorl ied Broker/Doalors and Financial Institutions Tho,.._ films n _.....,for,. .. _,,_..._, by lhe CCy ol Englewood Banc ol Ameoca S.CU,'11tJ llC C<ogroup Global Ma,~e,a Ire
FunoomenlefCapill!M.llkelS
I J p tJprgr, §twr:J!IJ l!'S
Memllynch
MizuhoS..U<lloOI USA Inc
Morgan S11nley
UBS F1nanoal S.l'YICU Inc:
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We,.:1 F,rgo Bink:. NA NO,U,SW East B..idor¥J 908 Second ,.,. 8111 Floor
M1nneap~•s, MN 55479
APPENDIX IV Desig nated C ustodi al Banks
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RESOLUTION NO. SERIES OF 2008 A R.ESOUrrION ACCEPTING CHANGES TO 1HE CITY OF ENGLEWooo·s INVESTh!ENT POLICY PER OROJN ANCE 45, SERlES OF 1995. WHEREAS, by Ordinance 45, Series of 1995. the Director of Financial Scr\'iccs, CJt officic
City Tl'Q$Uffl'. i.s empo,-ered 10 in"esi all funds and monies ooc immediately needed for
operating Cllpcnditures/cxpenses oflhe City excep1 for the Firefighters Pension Fund. the
Volunteer Firefightcn Fund. the Police Officers Pension Fund and the Non-Emergency
Employees Pension Fund and pursuant 10 an investment policy lo be adop<cd by Cour.c:11 each
year, and
WHEREAS, the passage ofthis Resolution ,.ill a111boriu changes to the Englewood
ln\'cstmcnl Polley;
NOW, THEREFORE, BE IT RESOLVED BY 1HE CITY COUNCIL OF 11tE cm' OF
ENGLEWOOD, COLORAOO. THAT:
~-The City or Englev.'OOd lnVCSllllalt Policy, atiachcd IS Exhibit A, submincd by the
Director off"tnanc:ia1 Services ,s hereby approved.
AflOPTED AND APPROVED tlus 3rd clay ofNo,.cmbcr. 2008.
ATTEST:
James K. Woodward. Ma>-or
Loucrishio A. Ellis, City Clerk
I, Loucrishia A. Ellis. City Clcrlt for the Cu~ of E.iglc..·ood, Colondo. hereby c:emfy the
abm-e IS a true copy of Resolution No. __ • Series of 2008 .
Loucrishia A. Elhs, City Clerk
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City of Englewood, Colorado INVESTMENT POLICY The D•ector of l'lflance and Administrative Services or the C11y of Englewood, Colorado 1 charged with the responslblhly to prudenUy and properly manage any and all funds of the Cl~
B'!Cal.lse these funds may be called upon, 11 ,s essenllal that absolute maturity horizons a,
identifiable for lhe purpose of liqu1d1ly. Moreover, these funds must be fully collaterailzed a~
appropriately authorlZed. The following Investment Policy addresses the methods. procedure
and practices which must be exerased to e~sure e'1ectlve and sound fiscal management
SCOPE
This Investment Policy shall apply to lhe onvestment of all ronancial assets and al funds of the c,
of Englewood (hereafter referred to es the "C ity") ovor which It exercises financial control, excel
the City or Englewood Firefighters Pension Fund, Volunteer Firefighters Pens,on Fund, Polit
Officers Pen1lon Fund, the Non-Emergency Emplo)'llfls Retirement Plan Fund and other Cl
employee rel~ement plans. In order lo effectively ma ke use of the City's cash resources. I
monies shaP be pooled nlo one rwestment account and accounted for separately. Tl
Investment Income derived from this account shall be distributed to the various City funds 1
accorda..ce with Englewood Municipal Code, 4·1·2-A.
OBJECTIVES
The City's principal Investment ob/ocllves are:
Preservation of capital and the protection of nvestment principal.
• Maintenance of sufficient llquid1ty to meet anllclpated disbursements and cash flows.
• Diversification to avoid lncurrng urveasonable risk$ regarding securities owned
• Attainment of market rate or return equal to 0< higher than the performance measl/8
establish ed by the Director of Finance and Administrative Services.
• Conformance with all City, Federal, State and other legal roqu,rements.
DELEGATION OF AUTHORITY
The ultimate responsibility and authority for Investment transactions Involving the City resides v,111
the Dwector of Finance and Admin,strative Serv,ces (hereinafter referred to as the "Dlreclor') vi,o
has been designated by the City Manager as the Investment Officer in accordance \1111
Englewood Municipal Code The Dorect0< may appoint other members of the City slaff to as,st
him in the cash managemon: and investment function . Persons who are authorized to tranSICI
buslness and ~e funds on behalf of lhe Clly will be designated by the Olrecior by the vi<e
transfer agreement executed w.th the City's approved depository for ban k services (see Apperll•x
1). The Director shall be responsible f0< all Investment decisloos and acilvltles. and shaft establSh
written admonlstrative procedures [0< the opomt,on cf the City's ,nvestment program consls1tnt
with this Investment Policy. The lnvestMent Officer actmg wllhin lhese procedures shall not be
hekl personally habla for specific onvestr.-.ent transactions
The Dlrect0< may in his discretion appoint one or m0<e Investment Advisors, reg.stared with the
Seamlles and Exchange Comm1ss1011 under the Investment Advisers Act of 1940, to manage a
portion of c,e City's assets . An appointed Investment Advis0< may be granted kmlted Investment
d1s.·atom wtthn the guidelines of this tnvestme<lt Pol,cy with regard to the Clly's assets placed
under ~s management. An Investment Advisor can only be appointed after consultation with ~nd
approval by lhe c,ty Manager
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PRUDENCE The standard of prudence to be used for manag,ng lhe City's asse:s Is tile •pruaent 11vesIor ru{e, wn1ch slates lhat a prudent Invest0< "shall exercise lhe Jsdgment end care, under lhe circumstances then prevailing, which men of prudence , d1screl1C>11, and 1nlelligence exerc,se on the management or the property of another, not In regard 10 speculation but in rejlard 10 the permanent d1sposillon of funds, considering tne probable income as well as the probable safety of capllal: (CRS 15-1-304, Standard for Investments.) The City's overall Investment program shall be designed and managed with a degree of
prolesslonal1sm that is worthy of the pubhc trust. The City recognizes that no Investment Is totally
rlskless and that the Investment activities of the City are a mailer of public record. AccO<dingly,
the City recognizes that occasional measured losses may be desirahle II a diversified portfolio
and shall be considered within Iha context of lhe portfolio's overall returr. provided that adequate
divers1flcation has been Implemented and lhat Iha sale of a s=r.,y iS In the best tong-term
1n1eres1 of the City.
ETHICS AND CONFLICTS OF IN TEREST
/U Cfty employees Involved 1n the Investment pro,cess shall refrain fro'Tl personal bumess actov!ty
that could conflict wilh proper execution of the Investment program, °' which could Impair the~
ability to ma ke impartial investment decisions. Employees and Investment officials shall disclose
to the Cily Manager any material financial interest In financial institutions that conduct business
with the City. and they shall further disclose any large personal financiaUinvestment positions that
could be re,ated to the performance of the City's portfolio. Employees shall subordinate their
personal Investment transactions to those of the City particularly with regard to the liming of
purchases and sales.
ELIGIBLE INVESTMENTS ANO TRANSACTIONS
Alt Investments will be made in accordance with the c.,torado ReVJsed Statutes (CRS) as follows:
CRS 11-10.5-101. et seq. Public Oepostt ProteclJOn Ac~ CRS 11-47 101. et seq. Savings and
Loan Assocoalic.n Public Deposit • "18CIIM Act; CRS 24-75-601, et seq. Funds-Legat
Investments. CRS 24·75-603, et •"'I• Depositories; and CRS 24-75-701, Bl seq. lnwstment
Funds-LOICal G,)>.,e-nm "'I Pool'1n9 . Ally rev,sions or extensions of these sections of the CRS wil
be assumed 11 .,., part of this Investment Policy immed•itely upon being enacted .
As a home n. ~ ~ oty, EngleW0<.'11 may adopt a list or acceplable investment Instruments differing
from those r · •· .. d In CRS 24-75-601, et seq. Funds-Legal Investments. Funds of the City of
Englewood co, , ~d by lhls lnvestmenl Polley may be Invested In the following types ol secunties
and transactions:
1. U.S. Treasury Obligations · Treasury BIiis, Treasury Notes and Treasury Bonds with maturities
not exceeding five years from the data of trade settlement
2. Treasury Strips (bt,ok-entry U.S. Treasury secuntIes whose co.ipons have been removed)
with matunties not exceeding five years from the date of trade settlemoot.
Federal lnstrumentalrbes • Oebentures, Discount Noles, Medium-Tenn Notes. Callable
Securit,es and Step-op Secunties Issued by the foUOWJng only: Federal National Mortgage
Assoc,abon (FNMA), Fede<al Home Loan Bank (FHLB), Federal Home Loao Mortgage
Corporabon (FHLMC) and Federal Farm Cred I Banks (FFCB) w,th maturities nol exceeding
rove years from the date of t,ade settlement Federal lnstrumentahty Securities shaU be rated
In the h,ghesl ra~ng categ0<y by at least two NationaUy Recogn,zed Stat,stlCal Rating
Orgaaizalions (NRS ROs) that rate them, and shall be rated not less by any NRSRO that rates
the debt.
3. Repurchase Agreements with a termination dale of 90 days or less utilizing U.S. Treasury and
Fodera! lnslrumenlalily securities listed above, collateralized al a minimum market value of
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102 percent ol the dollar value ol the transaction with the accrued interest accumulated on the col'oteral Included In the calculalion . Repurchase agreements shal be entered Into arty with dealers who: a) are recognized as Primary Dealers by the Federal Reserve Bank of New YO<k, or with firms thel have a primary dealer within the~ holding company structure; and b) have executed a City approved Mastw Repurchase Agr&ement (see Appendix II). The Dnctor shall maintain a fde of al executed Master Repurchase Agreements .
Primary Dealers approved as Repurchua Agreement counterpartles, If rated, shall have a
short-lenn credH rating or at least A· 1 or the equlvllent and a tong.tenn credft rating of at least
A or the equivalent.
Collateral (purchased securities) shall be held by the City'• custodian bank as safekeeping
agent, and the marl<et value ol lhe coftaterel securttlea shall be marl<ed-te>-thlHllllll<el daly.
For the purposes of thlI section, the term 'collateral" shall mean "purchased securities· under
the tllfflls of the City approved Master Repurchase Agreement. In no case wll the maturity of
the collateral exceed 10 years.
5. Revem Repuraiase Agreements with a maturity of 90 days or lass executed only against
securities owned by the City and coftatetaUzed by 1M same type of secumy reversed.
6. Flexible Repurchase Agreements with a final matu~ty of 10 years or leas entered Into by the
City with approved count8fl)811le1 . These flexl>le repurchase ~ants may be closed out
In varying emounts and at varying tlm81 at the option of the City. These agreements are
deemed by both parlles to be pura,ases and sales of securities and are not loans ,
All Iuch flexible repurchase agreementl shall meet the followlng criteria.
Be determined as legal and valid for both part!ea;
Collateral shall be llmlted to:
a) Securttfes issued by, guaranteed by, or lor Which the credit of eny of the followlng ls
pledged for payment: the United States, Federal Farm Credit Bank, Federal Land
Bank, Federal Homa Loan Bank, Federal Horne Loan Mortgage Corporation, Federal
National Mortgage Aa5ociation, Export Import Bank or the Government National
Mortgage Anoclation; or
b) Securities Issued by, guaranteed by, or for Which the credit of the fotlowlng Is pledged
lor payment An entity or organization Which Is not listed In paragraph a) above, but
Which Is (1 ) created by, or the creation of Which Is authorized by, teglslatlon enacted
by the United Stat11 Congre11 and Which Is subject to control by the lederal
government which Is at leut es extensive as that Which governs an entity or
organization listed In paragraph a) above, and (2) raled In Ila highest rating category
by one or more nalJonally recognized organizations which regularly rats such
obligations.
Have a flXed rate during the entire IWe of the agreement;
The dollar amounts and periods of tlme When the City may draw funds out of the
repurchase agreement shall be agreed upon In wrttlng by bolh parties and shall be part or
the wrlUen rapurchasa agreemenl exercised by the City and lhe approved counterparty;
The City has the option ol v8')1ng the dollac amou,t and the llmlng of the draw down by
an agreed upon percentage of the ~ draw down and a specified number of days.
The Cltv 11nd the counterparty to the agreement will specify the details of the allowable
va,; uhen the agreement Is rtrudured. In addltlon, lhe City may draw down In
exCdSs or the variance up to the remaining ~alance In the agreemen t ror a bona fide,
unanticipated cash need;
Collateral shall have a minimum market value (Including (ICC(Ued Interest accumult•ted) of
at least 102 peroant or the dollar value of the tranaedlon;
Rep ur chase agre em en:s shal l be ertered in to only with dea lers who are auth orize d by the Director and have ex ecut ed a City approved Master Repurchase Agreemen t: The Director shall ma int ain a file of all executed Master Repurchase Agreements ; The title to or a perfected securit y interest in securities. along with any necessary transfer docume nts , must be transferred and actually delive red to, and shall be held by, the City's th ird -party custod ian bank ar.ting as safekeep ing agent . The market va lue of the collateral securities shall be marked-to-the-market at least wee kly based on the clos ing bid price at the lim e the custod ian for the collateral issues Its month ly statement to the City .
For the purpose of the sectlo1 he term ·collateral" shall mean "purchased secu ntles · under
the terms of the City approved ,-Iaster Repurchase Agreement. In no case will the maturity of
the col latera l exceed 10 years .
7. nme Certificates of Deposit with a maximum maturity of five years or savings accounts In
state or national banks or state or federally chartered savings banks operating in Colorado
that are stale approved depos itories (as evidenced by 2 certificate issued by the State
Banking Board) and are Insured by the FDIC . Certificates of deposit that exc~ed the FDIC
Insured amount shal l be collateralized in accordance with the Colorado Public Deposit
Protection Act . The collateral shall have a market value equal to or exceed ing 102 percent of
the difference belween the insured amount and the City's total depostts for all funds within the
institution .
8. Money Markel Mutua l Funds registered under the Investment Company Act of 1940 that: 1)
are "no-load" (I.e.: no comm iss ion or fee shall be charged on purchases or sales of shares);
2) have a constant net asset value per share of $1 .00 ; 3) limit assets of the fund to securities
authorized by state statute ; 4) have a maximum stated maturity and weighted average
maturity in accordance with Ru le 2a-7 of the Investment Company Act of 1940: and 5) have a
rating or AAAm by Standard and Poor's, Aaa by Moody's or AANl/1+ by Fitch .
9 . Colorado Local G~vemment Liquid Asset Trust (COLOTRUST) as authorized under CRS 24-
75-702 .
10. Prime Bankers Acceptances , rated at least A-1 by Standard & Poo r's , P-1 by Moody's and F1
by Fitch at the time of purchase by at least two services that rate them and shall be rated not
less by any service tha t rates them . w,th a matu rity of six months or less issued on domestic
banks or branches of foreign banks domiciled in the U.S. and operating under U.S. banking
laws . Accepting banks must have a senior debt rating of A2 by Moody's and A by St P0 dard &
Peer's .
11 . Prime Commercial Paper with a maturity of 270 days or less wh ic h, at the time of purchase, Is
rated al least A·1 by Standard & Poo r's, P-1 by Moody 's and F-1 by Fitch .
a) At lhe time of purchase . the commerc ial paper must be rated by at least two of the above
stated rat ing agen cies al th e stated minimum rating .
b) If more than lwo of the above stated agencies rates an issuer , all of those rating agenc ies
must rate the issuer in accordance with above staled minimum cred it criteria .
c) If the commerc ial pape r Iss uer has senior debt outstanding, the senior debt must be rated
by each service that pub l;she5 a rating on the issuer as at toast A2 by Moody's , A by
Standard and Poor's and A by Filch .
12 . Corporate Bonds issued by a corporation or bank with a final maturity not exceeding three
years from the date 'lf trade setUemenl , rated at least AA-by Standard & Poor's , Aa3 by
Moody's, or AA by Fitch at the lime of purchase by each service that rates the debt
Authori zed corporate bonds shall be U.S. dollar denominated , and lim ited to corporations
organized and operated within the United Sta tes wilh a net worth in excess of $250 million .
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OTHER INVESTMENTS II ls the intenl of the c:ty that lhe forego,ng list of authortzed secur,ties be slnctly Interpreted. Any deviallon from this hsl musl be pre-approved by the Oireclor in writing after approval by the City Manager. INVEST MENT DIVERSIFIC ATION It is the intent of the City to diversify the investment ,nswments within the portfoho to aVOld
incumng urveasonable risks Inherent in over investing on specific 1ns1ruments, Individual financial
msl1tullons or maruntles. The asset allocaloon in the portfoho should, however, be flexible
depending upon the outlook for the economy, the securities market, and the City's cash now
needs
The C.•ty may invesl to the following maximum limits wllhln ea ch C3tegoq.
• 50't ;n Certificates of Deposit
, 40'~ in Commercial Paper
• 20% in Bankers Acceptances
• 30% in Corporale Bonds; 5% In any one Issuer or ils affiliates or subsldtaries
Tests for limltations on pe,centages of holdings apply to the composite of the entire portfolio or the
Cl1y, not to indlvldual portfolios maintained by the City Percentage !imitations used for
measuremenls ere based on the percentage of cost va lue of the portfolio.
INVESTMENT MATURITY AN D LIQUIDITY
Investments shall be limited to maturities not exceeding flve years. In addition , the weighted
average final maturity of the total portfolio shaU at no time excefld 24 months
SELEC TION OF BROKER/DEALERS,
The D~ector shaU maintain a Ust of brc;ker/duters approved fOf Investment purposes (see
Appendix Ill), and It shal be the policy or the City to purchase seourues only from those
authorized forms.
To be eligible, a fttm must meet at least one of the followng cnteria
1 be recogmzed as a Primary Dealer r,y the Federal Reserve Sank or New York °' have a
pnmary dealer w,thln their holding company structure,
2. report voluntarily lo lhe Federal Reserve Sank or New York,
3 qualify under Securi~es and Exchange Commission (SEC) Rule 15c-3 (Unllom, Net Capital
Rule)
Broker/dealers will be selecteo by the Director on the besls oJ their expertise in public cash
management and their ability to provtde seivice to the City's account Each authonzed
broker/dealer shalt be required to submit and annually update a City approved Broker/Dealer
Information Request form wh,ch ,ncludes the nrm's most recent nnanclal statements. In tho event
that an external Investment advisor is not used In the process of recommending a particular
transaction on the City's portfolio, any authortzed broker/dealer from whom a compe~tov.i bid Is
obta,neo fOf the transactlOO wfl attest in wnmg that he/she has received a copy of this policy.
Tho City may purchase Commercial Pa~•~r from direct Is suers even though they are not on the
approved hst of broker/dealers as long as tll>. ,,,oet l~e criteroa ouUined III Item 12 of the Eligible
Investments end Transactions sectlon of th• -;,~•,r;;y •
PagoS
COMPETITIVE TRANSACTIONS Each Nlvestment ttansactJOn shall be compe11bvely iransacted v.,tn aU1hor12ed broker/dealers. At least lhree broker/dealers shall be contacled for each 1ransact10n and !heir bod ano offering prices shall be recorded. If the City 1s offered a security for which there 1s no othe· readily available compet1t1ve offenng, thon the Director will document quotat10ns for comparable or alternabve securol1es .
SELECTION OF BANKS AS OEPO!>tTORIES ANO PROVIDERS OF GENERAL BANKING
SERVJC ES
The Cily shall maintain a Ost of banks aµproved lo proVlde bankN1g services or from whom the Ctty
may purehase certifocales of deposll Banks n the judgment of the Oorector no longer offering
adequate safely lo the City w:11 be removed from the lisl To be eligible for aulhonzatJOn, a bank
shall qualify as a depostto,y or publ,c funds 1n Colorado as defined in CRS 24-75-603.
SAFEKEEPING ANO CUSTODY
The s,,fekeeplng and cuslody of securttles owned by lhe Clly shall be managed in accordance
with applicable Federal and Colorado Jews and regulal10ns.
The Ooreclor shall approve one or more banks to provide safekeeping and custodial serv,ces lor
the City. A Cily approved Safekeeping Agreemen t shall be executed with eaeh custodian bank
prior to utilizing that bank's safekeeping services. To be ell~lble, a bank shall qu~llfv as a
depository of public funds In the State of Colorado as defined In CRS 24-75-603 and bo ~ "eliarnt
Reserve member financial lnstitulion ,
Cuslodian banks will be selected on the bas,s or the~ ability to provide service 10 the City's
account and the competruve pricing of their safekeeping related services . The Clly's designated
cuslodtan bank ,s set forth In Appendix IV of this Investment Policy.
Tne purchase and sale or secunbes and repurchase agreement transact,ons shall be se:tied on a
detovery versus payment basis Ownership of all securities shaft be perfected In the name of lhc
C,ty, and suff,c,e,it evidence to bile shall be cons,stent with modem investme nt. bankNlQ and
commercaal pracbces .
Al l inves tments, except certificates or deposl, end local governmenl ,nvestment pools purchased
by lhe City shall be delivered by either book er.try or physical delivery and "111 oe held In third-party
safekeeping by the Cily's designated custod ian bank. Its correspondent bank or the Oeposllory
Tn,st Company (OTC).
Al l Fed wireable book entry securihes owned by the Cily shall be evidenced by a safekeeping
receipt or a customer conf~mallon Issued to the City by the custodla1, bank staling that the
securities are held in the Federal Reserve system In a Customer Account lor lhe custodian bank
wh,ch will name the City a, ·customer·
All OTC eligible secunb8S shall be held n the custodian bank's Oeposttory Tn,st Company (OTC)
participant account and lhe custodian bank shal ,ssue a safekeeping receipt evldenc.ng that lhe
secunhes are held for the City as 'customer ·
All non-book entry (physleal delivery) secunt1es shall be held by the cu&tod1an bank's
correspondent bank and lhe custodian bank shall issue a safekeeping receipt to the City
e•1ldenclng that the securities are held by the correspondent bank for the City as ·customer."
The City"s cu stodian will be required to furnish the City with a monlhly reporl of securilies held as
well as an account analysis report or monthly securities act1vily.
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PROVISIONS FOR ARB ITRAGE The City per,odocally issues debl obligat,ons whiCh are subject to the p,0V1Sions of the Tax Reform Act of 1986 (secliOO l48F), Atbllrage Rebate Regulations. Due to lhe legal complexities of arb1lrage law and lhe necessary ,mmun,zatlon of y,eld levels, the procedures undertaken in the relnveslment of all or a ponlon of the proceeds of such debt ,ssuance may e<1ond beyond those outlined In Jhls lnves1rnon1 Polley. The Director, upon advice from Bood C aunsel and financial advisors, may alter ;,rov,slons of this tnvestmenl Policy lo, arb1lrage related investments as may
be necessary lo conform with federal art>ilrage regulations. In All cases, however, invesJrnents
will be in compliance with Colorado Revised Statutes . This section 1s only apphcable 10 C,ty funds
subject to arbitrage restrictions.
REPORTING
An investment report shal ~ ~ ·epared, at least on a monthly bastS, llst,ng the investments held
by the City, the current market valuat,on of the lnvestmeets and performance results . The
• monthly Investment repol1 sha ll be su~mltt&d In a hmely manner to lhe City Man ager and the City
Council. Ar JCord shall be maintained by the Department of Flnance and Administrative Services
of all bids and offerings for securities transactions in order 10 ensure that the City receives
compehbVe pricing.
The City has established reporting and accounting standards for callable U.S. lnstrumentahty
securities. Callable securities may be retired at the Issuer's option prior to th e stated maximum
maturity All securities holding reports for the City shall dlsdose th3 stated maturity es well as the
rwst call date of each callable secu-ity held . In the case of callable securities which are purchased
priced to the rnt can date and, in the opinion of the Director, have an overwhelming probabHity of
being called on the fwsl call dale, weighted average maturity, amortlzallon as well as y eld shall be
calculated using the first call dale. The Director may , however, choose to use a further call dale
maturity dale for reporting purposes when condiUons mandate.
PERFORMANCE REVIEW
The Direc tor and the City Manager shall mee t al leas t qual1erly to rev,ew the portfolio's adherence
to appropriate risk levels and to compare the portfolio's total relum lo the established Investment
Objectives and goals.
The Director shall penodlcally establish a benchmark y,etd for the City's investments which shall
be equal 10 the average yield on lhe U.S. Treasury securlly wh ich mos t closely corresponds to the
portfolio's actual effective weighted average malurity. When cornpanng the performance of the
City's portfolio, all fees and expenses Involved with managing the portfolio should be Included In
the compulalJon of the portfolOl's rate of retum .
Page 7
POLICY REVISIO NS Thrs lnvestmenl Policy w,I1 be reviewed penochcally by lhe Director and may be unendoo a, cond,uons warrant by lhe City Manager and the City Counci. Prepared by; Prepared by; JI Isl Frank Gryglewlcz Slave Dazzio D,rec1or of Finance and Admlnlstral1ve
Servkes
Accounllng Manager
Approved by City Council Amended :,Y City Cooncil
September 17, 1990 Septtll!'bef 5, 1995
Amended by City Council Amended by City C(IUnCII
December 16, 1991 December 15, 1997
Amended by City Council Amended by City Council
Aptl 5, 1993 Febnlary 7, 2000
Amended by City Cooncll Amended by City Council
June 20, 2005 October 16, 2006
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• Slate of COiorado . County or Arapahoe ·
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I, louerish,a A. Ellis , C,ty Cler in and for lhe Cdy or Englewood , ., lhe Slate aforesaid , do hereby CCl1ify lhal lhe forego,ng as a fuU, 1rue aod correct copy or lhe lnvesrmen. Potic-1 as lhe same e~ ;>e8'S upon Ille recools or my off,ce which are in my cuslOdy G,ven under by hand and offlClil seal . 111!s __ .
Isl
Loucrashia A. Ellis
CttyClerk
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APPENDIX I Authorized Personnel The following persons are authorized lo conduct Investment transactions and wire transfer funds on behalf cf the City of Englewood:
Steve Oazzlo, Accounting Menage,
Kathy Cassel, Accountant
Kevin Engels, A:countant
Christine Hart, A=ntant
Frank Gryglewicz, Director of F11ance and Admlnistrat111e Services
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APPENDIX II Repurchase Agreements The following firms have execu ted a City approved Master Repurchase Agreement with the City of Englewood
Banc of America Securities. LLC
Morgan Stanley ')W Inc
Agreements maintained In separate file •
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APPENDIX Ill Authorized Broker/Dealers and Financial Institutions The IOl!owing flmls are approved IOI investment putp0ses by the City of Englewood
Banc of Amenca Secuntoes, LLC
c,tigr ,., Global Markets , Inc.
Fund&r1,Ml8t Capital Matl<ets
J .P. Morgan Securities Inc.
Merrill Lynch
MIZUhO Securities USA Inc.
Morgan Stanley
UBS Financial Services Inc.
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APPENDIX IV Designated Custodial Banks The folow'<lg bank IS aulhonzed as Ille designated custo<fial bank for the City of Englewood WeUs Fargo Bank. NA
Northstar East Bu~d1ng
608 Second Ave .. 8th Floor
Minneapolis, MN 55419
Page 13
City of Englewood AGENDA ITEM 10 (a) PUBLIC HEARING ROSTER DATE: November 3, 2008
Public Hearing to gather input on Council Bill No. 69 ,
amending the Unified Development Code pertaining to flags in the
South Broadway Business Improvement District.
PLEASE PRINT
NAME ADDRESS
PROOF OF PUBLICATION
City of Englewood, Colorado
Official Website
www.englewoodgov org
I. Loucrishra A. Ellis, City Clerk, for the City of Englewood , do solemnly swear
that the attached legal notice (Notice of Public Hearing • November 3, 2008,
Council 8111 No. 69) was published on the Official City of
"""""°" w,1,;,, ,~ OcioOO, 22 , 2008 ~,
/; Loucrishia A. Ellis, City Clerk
State of Colorado
County of Arapahoe
ss
Subscrrbed and sworn to before me on this 3•d day of November, 2008 .
My Commission Expires. November 8, 2008
SEAL
CITY OF ENGLEWOOD NOTICE OF PUBLIC HEARING Novem ber 3, 2008 at 7:30 p .m. Notice is hereby gi ven that the City Council of the C ity of Englewood , Colorado, has scheduled a Public Hearing at a Regular City Council
Meeting on NOVEMBER 3, 2008, at
7:30 p .m . in the C:,y Council
Chambers of Englewood Civic
Center, 1000 Englewood Parkway, to
gather Input on AN ORDINANCE
AMENDING THE ENGLEWOOD
MUNICIPAL CODE 2000 BY
AMENDING TITLE 16-6-13, SIGNS
NOT SUBJECT TO PERMITS, TO
ALLOW DISPLAY OF A FLAG USED
EXC LUSIVELY BY THE SOUTH
BROADWAY ENGLEWOOD
BUSINESS IMPROVEMENT DISTRI CT
MEMBERS. (Council BIii No. 69)
All Interested parties may express
opinions In person at the Public
He~rlng or in writing to be received
by the City Clerk by 5:00 p.m. on
November 3, 2008. Anyone wishing
to speak at the Public Hearing may
call the City Clerk's Office,
303.762.2405 or 303.762.2407 to
schedule their presentation or a sign-
up sheet will be available at the door.
By o rder of the Englewood City
Council.
Loucrishia A. Ellis, MMC
City Clerk
City of Englewood
1000 Englewood Parkway
Englewood, Colorado 80110
PUBLISHED: October 22, 2008
Official Website of the
City of Englewood, Colorado
I Loucnsh,a A Ellis C11y Cletl( for lhe Cuy of EngleWOOd do solemnly swear thar lhe attached legal f!Ol,ce (Notice of Public Heanng • Counol 8111
No 69 November 3. 2008) was published on the
PUBLIC NOTICE
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COUNCIL COMMUN ICATION Date: Agenda Ite m: Subjed: '-0\ emher 3. 200/I 10a Public Hearing concerning ;a Boll l'or an Ordinance Amending Sectron 1 (H,.13 E of the Unified Development Code Pertaining to Rags lnit~ted By: Staff Sourct:
Comm,1ml'! O....elopmen1 De1>3rtmen1 Alan While, Cnmmunll\' De, elopmenl Direct<Jr
COU NCIL GOAL AND PREVIOU S COUNCI L ACTION
The Sou th Broadway Engle\\'ood Business Improvement District 1s seeking to display a •sate day•
logo flag. This proposal \\as presented to Council as a scheduled public comment item on May 5.
2008. This Hem was also discussed as a Counci l Member's O,oke al a study session lhos summer.
Council ditec1ed staff to proceed"'"' prepanng the necessary amendments 10 lhe Unified
Developme nt Code without holding a stu dy se,slon, First reading of the ordinance occurred on
October 20, 2008.
RECOMMENDED ACTION
Recommendarion from the Community De, elopment Depanmen1 10 hold a public hearing to
consider testimony concerning an amendment to Section l (>.6-13 E of die Unified De--elopmen1
Code pertaining to flags.
BACKGROU ND, ANAJ.YSIS, AND ALTERNATIVES IDENTIFIED
Th e South Broadway Engle\,ood Business lmprO\emenl District is seeking'" ha,e members display
ilags one da) per month. The flags are ,mended 10 ,denlir, businesses PilfllCtpJling in the sale da1
event Anached is an image oi the proposed Oag.
Flags are addressed under lhe sign code section ol the UDC. Sl'Cllon l f>.6.E-l. The code ,1llm,s the
displal 01 ilags of na11011s. slates. or olles onl\.
l,e proposed ordinance authorizes the displ,1) 01 aag, b) Or, apprO\ ed business 11npr0\ emenl
districts. A5 with other flags. no penmt o, m le\, by die Ory ~ requ11ed. The ordinance does 1101
linut the dur.lion ofllllle the llags may be displa)ed. The Hags are limited to 15 sqwre feet In size
As. app<O\ed by the Planning and Zoning Comm,ss,on, the code amendment would not allO\, the
111 cluslon ol the words "Sale Today." An ini.ige 01 the proposed flag was requested prior to thP
Planning and Zoning Commissio-: :ieanng. but"•" not recei,ed untd just prior to Coonc~•s first
reading, The sale day flags wert described ,JS "BID logo H.igs " on al least three occasions at ACE
meetings .u,d al Gty Coonol un Ma\ 5, 2008. II \\dS \\ith 1h1s m1omi.iuoo that the 'll'din.ince \\.JS
drafted.
The ordu1ar1ce has been drafted broadl1 in order 10 give,, busln~ss lmpro, emenl d1s1nct l,uirude In • d1spla11ng flags. Amendments 10 rhe proposed 0<d1nance could be made to hmil the d~pla\ of ijags 10 1he lasl Salurday of l'\ ery monlh and/or 10 require a permll o r 01her Chy appro, al. Sud, limllalions wou ld requi re addilional code ame11dmen1s If, for e~ample, the sale day ever11 was expanded 10 two days or if 1he flags were 10 be used for 01her evenls al different rimes. Sraff's lnlenr was 10 reduce po1en1lal staff lime in issuing. 1rack10g and enforcing permhs (or otht>r approvals) and r<,duong delars to the business d,strict (processing iuture code amendme111s) in allO\, mg additional uses of rhe flags.
There was considerable d iscussion at first reading abour rhe display or sale e-. ent signs by
businesses outside of the current business district The UDC allo,·.~ a BID or non-BID business lo
display a "short lerm advertising sign" for up 10 six two-week increments (separalely or
consecurlvely) per calendar year. A permit is required. Such signs are limiled lo windo" or wall
signs and there are limitations on coverage and size.
FINANCIAL IMPACT
There is no direct financial impacl to the City.
UST OF ATTACHMENTS
Image of Proposed Flag
Bill for an O rdinance •
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t ,T PERMITTED • 24"
36"
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OROINA~("I O Sl·RIES OF ~l~IX ll\' i\LlrnORI I\' t'OUNCII Bill NO. 6\1 INTROllllCED RY l'OUNCII MEMBFR A BILI FOR
AN ORDINi\N('i, i\M ENDING THE ENGLEWOOD MUNICll'i\L COD I· :?OOO BY
i\MEl\'DING TITLI: 16-6-13. SIGNS NO"I SUBJEC"I ro PERMn s. TO ALLOW DISl'LA Y m A FLAG USED EXCLUSIVELY BY 1 HE SOUTii BROADWAY ENGi F\\'OOD
BUSINESS IMPROVEMFNT DISTRICT MEMBERS
WHEREAS. the Snuth Broadwa y EngJC\,ood Business lmpro,·ement D1stnc1 (BIO) is
sttking 10 display n Oag 10 be designed end used exclusl'cly by DID member.I; nnd
WHEREAS. Englewood Municipal Code allows the disploy of Oags (lf notions. states. or
cities only; and
WHEREAS. Planning and L.oning Commission discussed the desire of South Bmad\\ ni
Eng lewood Business Impro vement Di strict 10 have 1ts own flag and the Commission ·s
rc-conunendation was to amend the Sign Code 10 address only the South Broadway Englewood
Business lmrm,-emcn1 District or any future City appro,·ed business 1mpro\tmcn1 district Oag;
and
WI IERl!AS. the City believes it is desirable and beneficial 10 the Chy and South
Brondwai Englewood Business Improvement Distnct 10 displa) such flags.
NOW. l'IIEREFORIJ. BE IT ORDA INED DY l'IIE CITY COUNC Ii OF THE CllY
OF FNGLEW()OI). COLORADO. AS FOLLOWS:
Sec1ion l. T11lc 16-o-13. Stb'llS. Englewood Municipal ('(Ide. is hereby omcnded 10 re.id
as follows :
ll>-6-13: Signs
[Editor's no1c· 111-6-13 A through I) remain unchanged and arc 1hcrcforc not induded in this
Ordinance.)
S11,.'lls N,,1 SuhJecl 10 l'cnmts 11,c following signs. d1spl•><-d for
non..:onuncrcial purposes. may be erected and nmi111ai111.-d in all zone districts wn houl u
sign pcm111 n• mhcrwi>c rc"luired by Section 16-6-13. D. EMC. "l'ermi1s:· above Such
signs shall be in add111on 10 all other signs pcrm111cd in any ,.one dis1nc1 . pnw1ding ~uch
<igns do nOI r..--qu,rc direct clcctncal wiring, and confom, 10 ~etbacks and other phy,icnl
charactcnsllc requirements of the designated zone districts. l!vcn though pcnnits arc 1101
requ ired for the following signs. wall signs shnll be located only in the signahlc area. and
\\ indow signs shall be c1>w11cd IO\\anl 1he I\\CJ1ty-1i,·c pcrccnl (25°0) muunum co1·cnige
This rcs1nct1on shall not apply to holidny dttorauons. or 10 shon-tcrm ndvenisiug as
rmvided III subsect ion 16-6-13.J.5.f EMC.
:-Jn 11enn11 shnll he rl!quired tu carry out m;11111cn:111cc to u conh:mrnng ,1l!n 1r no Mructurnl ch;mgc~ nrc mndc.• I. llullc1111 Boards Bul le1111 lx>nrd, for public . charitable. 1>r rchij11>u> 111s1Itut10Ib. \\luch arc 1101 over l\\ehc ll2) square fec.,1 in Qre.o and \\h1ch are locmed on the prcnu,c, of .aid 111s111u11ons. 2 l:lccuon Signs. Elecuon s igns s hall not be posted l11<>fl: 1han ron) -fh • (45) calendar days prior u, the clect1on 10 which the s1~ relates and shall be
removed "ithin fillecn (I~) c: tcndar days following the clccuon to which the
sign relates. Such signs are limited tn wall. window. ond ground signs; and shall
not be n banner of paper or cloth . Each elect ion sign shn ll not exceed twelve ( 12)
square feet of total sig,1 area.
3. Flogs
g. Flags of nations or an organ1za1ion of nations, Slales, ond ct11cs.
pnnided such Oag docs no1 exceed 1hiny-five (JS) square feet in an,a.
~-FIP@s ofCitv·an2mved busUleH imnroYerncm disncls nroxided the
fla gs disolav onlv lhs onm£ smblem and/qr logo ofthc.ornaniza1ion
rutd no individual business nnmes Such flnss arc limited 10 fifteen f 151
saunrc feet in PCC9e
[Edilor's ROie: 16-3-13E(4) through 16-3-13E( 17) renl!lin unchanged and are therefore nol
includco 1r.1hi5 1,rdinnncc.)
~ Sn[cty Clauses. The Cuy Council hereby finds. dclcnninn. ond declares that this
Ordinance is promulgated under the general police power of the City of Englewood, that ii is
promulg."cd for the heallh. safely, and welfare of the pub lic. and thm 1h1s Ordinance is necessary
for !he preservation of hcallh ond safety ond for the protc-ction of public convenience and welfore.
The Ci ty Council funhcr dc1em1incs lhal the Ord inn ncc bears a rational rcln1ion 10 the proper
legislotivc object sought 10 be obtained.
~ Scycrabj!jty. tr any clause. sen1cnce. paragraph. or pan of this Ordinance or the
application 1hcttof 10 any person or c1rcums1anccs shall for any reason be adiudgcd by a coon of
compc1cn1 junsdm1on mvalid. such judgment shott 001 affa:1. unpair or 111valodme 1hc remainder
of this Ordinance or 11S application 10 01hcr pcrsons or circumstances.
Section 4. Inconsistent Ordin:mccy, All Nhcr Ordinances or poriions 1hcrcofonco11sis1cn1 nr
conl11cling with lhis Onlinnnce or any ponion hereof nre hereby repea led 10 !he cx 1cn1 of such
111consis1ency or conOicl.
Sc.:uon S. l;Jfu:1 of repeal or m<>difoca(Jon. The repeal or mod1fica11on of any pro,1sion ol the
Code of the Cuy of Englewood by this Ordn~in.:c shalt not «tease. •~1,nguish, a her. modify. ,,r
chan~• m whole or m pan any penally. forfc11ure. or liabilily. either civtl or cmnmal. which shall
have been 1ncum:d under such pro,ision. a11d e.,ch pro,ision shall be treated and held as Slitl
remaining 111 force for the purpos..'S or sus1oin1ng ony and alt proper acuons. sui1s. proceedings.
nnd prosccu1ions for the cnforccmem of1hc penalty, forfei1ure. or tiabilhy. as well as for the
purpose of susrnining any judgmcnl, decree, or nrdc r whic h can or m.,y be rendered, emered. or
made in .-,uch actions. su11s. proceedings. or pro~ecu1iuns.
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Secuon 6. ~ The Penalty Pm11s,,1n ,,t'Scction 1-1-1 !:MC shall apply 10 each and l.'\'ery vh~lntion tlf 1hls ( lrdinarn.·I.!. lmroducs-d, rClld in full. and pass<d on fiN reading on the 2011, day of Oc11,her. 2()08 Pubhshed as 3 8111 for an Orduunce in the l'uy"s oflic1al 11<\\sp:lpcr on the 25• day of Octol><r. 200S.
Published as n 8111 for nn Ordinance on the C'II) ·s oOicial "eb;i1e begmrung on the 22nd day
of October, 2008. for thin> (30) days.
Jllltld K. Woodward. Mayor
ATTEST·
Loucrishia A. Ellis. Chy Clerk
I, Loucrishin A. Ellis. City Clerk of the City of Englewood, Colorado, do hereby ccnify that
the above and fol'Cj!Oing is a true copy of a Sill for an Ordinnnce. introduced. read in full. and
passed on first reading on the 20th day of October. 2008
Loucrishio /\. Ellis
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COUNCIL COMMUNI CATION Date: I Agenda Item: I Subject: November 3, 2008 11 a i Bill for an Ordinance for Sewer Increase Initiated By: Staff Sou rce:
Utilities Department Stewart H. Fonda, Director of Utilities
COUNCIL GOAL ANO PREVIOUS COUNCI L ACTION
Council approved a sewer rate increase lhat was implemented January 1, 1999. The last rate
increase berore lhat was in 1982 by Council Bin #56.
On July 8, 2003 Counci l approved annual Increases for a five year period. The last Increase
occurred January 1, 2008.
RECOMMENDED ACTION
The Englewood Water and Se-.ver Board recommended Council appr-we a proposed b!II for an
ordinance. The recommended Increases In sewer ch arges are 8% In 2UiiJ 8% in 2010 and 8% In
2011 . The proposed increases provide revenues tha t maintain an adequate fund balance and meet
bond requirements.
BACICCROUN0, ANALYS IS, AND ALTERNATIVES IDENTIFIED
In 2008 the Littleton/Englewood Wastewater Treatment Plant will be completed after four years of
construction. The cons truction was necessary tc accommoda te recent denltrlfication requirements
imposed by the State Health Department.
The attached Sewer Utility Revenue repon and cash flow present a series of rate adjustments that
provide adequate funds to operate and maintain the Bl.City Plan t as well as th~ Englewood sewer
collection system. There are also adequate funds to allow completion of several capital projects at
the St.City Plant that were determined during the construction period to be necessary.
FINANCIAL I MPACT
It is proposed to Increase sewer rates 8% In 2009, 8% in 2010 and 8% in 2011.
UST OF ATTACHMENTS Sewer Utility Revenue Report Clsh Flow -Sewer Enterprise Fund • 2009 Budget Sewer Treatment Charges Proposed 8111 lor an Ordinance •
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SEWER UTILITY REVENUE REPORT
The Englewood Sewer Utility serves about 55•~ of the customers served by the Bi-Clly
Trcatmt · Plant. The Bi-City Plant SCl'\Jes a population of aboul 300,000 in lhc south
mcll'O ar,• from the Valley Highway 10 the foo1hills south c,fYale Avenue excluding
Highlands Ranch. The cash now presented in this report includes Englewood's share of
lhe Bi-City Plant expenses as well as the expense of operati ng and maintaining 1he
Englewood sewer collection sys1em. The cash requirements are predominantly dcler•
mined by lhe payments 10 the Bi-City Plan! operation.
In 2008 the Bi-City Phm1 expansion and upgrade will be completed after four years of
conslJUction. It appears thal the final cos1s will be very close 10 the $ I I 0,000,000 esti•
mated in 2003. Only about $3,500,000 of the $5,000,000 contingency will be needed lo
complete the project. A five year revenue increase program was approved by the City
Council in 2003 10 build the plant and it now appears that all of lhc goals established al
tha1 time have been accomplished .
The attached cash now prescn1s a series ofralc adjUSl'llents lha1 provide adequate funds
10 operate and maintain the Bi-City Plam as well as the Englewood sewer collcc1ion sys-
tem. TI1ere arc also adequate funds io the cash flow to allow several capital projects, de-
1ermined during the construction period, 10 be completed over 1he next three years.
Englewood's share of these projects is estimated 10 be S900,000 in 2009 and an allow-
ance of S 1,000,000 is shown for subsequent years.
The cash flow assumes that operation and maintenance expenses will increase at 6% per
year. An allowance has been made for the use of methanol in the new denitrification fa.
cili1ies. The methanol is estimated to cos1 abou1 $700,000 per year. There is no current
proposal lo increase staff levels at the plant even though the facilities have increased a].
most 300/4 and the new denitrification facilities have been added. At this time staJT is
hopeful that the new computerized management and operating systems will allow per-
sonnel levels to remain constant. Nevertheless, if problems arise that are not anticipated
at this time, additions to staff could be required in subsequent years.
The cash now shows that 8% increases are needed in 2009, 2010 and 201 I to maintain an
unencumbered balance of $3,564,398 by the end of 2011. An additional S6,250,000
would become unencumbered if and when the debt coverage reaches a ratio of 1.10. This
means that revenues minus operation and maintenance expenses are 1.10 times the debt
service payments. In 2003 there were adequate funds in reserve to establish the
$6,250,000 reserve and thereby obtain bond money 10 build the project By establishing
the reserve, the fund did not have 10 meet the coverage requirement of 1.10. Howe, er,
when 1hat coverage rcquiremen1 is mel, 1hc reserve fund can be used by lhe U1ility Fund • as unencumbered balance. It should also be noted I.hat in 2010 ... ,bt sm·icc requirements increase from S3,042 ,961 10 SS,222,224. On 1hc previous bond issue principal only payments were made umil 2008 in order to minimize lhe rate increases required for lhe last five years . The increase shown for the next three years covers the increase in required bond 1>ayments.
If the increases of8% arc approved for 2009, 2010 and 201 I, the cash flow shows that
increases of 11 % in 2012 and 2013 would bring the debt service coverage to above 1.10
by 2013 .
To meet the new ammonia regulations, an alternate disinfection system will be required
to be on line by 2011 . Discussions with the Colorado Health Department personnel indi-
cate that the department will approve a compliance schedule that will extend the deadline
to the end of 2014. This has been foanally requested in the plant 's pennit application.
The cash flow shows additional debt service in 2012 10 complete the project by 2014. It
should be noted, however, that the borrowing may not be necessary since the coverage
factor is shown to exceed I.IO in 2013. How 10 finance the altcmalc disinfection project
can therefore be decided in 2011 .
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• Budget 2008 10/16/2008 8 :35 AM l t-C-0A1\,aOiJ'llitil'11 ~aT~"4Qlill00 tAC.1'1 tMISMOOE.L Rt.MOVES COHliNGlH0E.S IT JS MOT IH TENDEb TO llE-SU&llffT'ED AS OUft ACTUAL aimGeT REOU.£5-Y. +-l' --.... ----........ --t ,.;?1.tt)" ..... , , .. ,,.. ,,.,n.
... fOl'"" . . -... -... Ml ..... .. -.... .._ ~---+ .... ..... -.. ,.-.. -... .....
~ ! ,, .... di-.:,, . .,.....:_ 1Uti>IJ j W.e.Ktl' ,._ .. , 11a.ua' .... , -==~ o -MrtMJ ~=~ n.n.,1tt t l-J,et 1tffltt. ---ffJit!IHIJitiJ,.. ~-· tll..»1 1t1)' ... -»Dtl'
~HI fl\liTT1if1l ,,;111,,,,,,-LI MT.oOd) i l3el 0001 11,11.000, c1,M1 0001 ,.~, ... "4111Jtt 011.21$)..--.. ,,.,, t•11::t· ,.,,,,..
..... ,.. u..17 ......... . .., ... .... .., t:~U.$lil
_..., _.,,, -----.......... ... -.,__,.__ (I .... ,.,.. .....,_ ,,,..,... ·----,.,...,.t -" .. ..., HffOl»J ........
l ... ilOJ"""" ""'°"' 11i:tlllfl tU0.60$} ih•W J
,,..a.w. -"---~ ,.,.,,,., a.AI-IPli: ,,,,.w, 12.a,1 ... ,.. •?to6o .. ,_..,, )71 1.'J ~ ,.1 ,. . .., . -.. ...... u -111..m llt r).M.$ 12.J'I* t.Jie•t .. .. .,, ...
~
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7.I00.000 .......
11):Je.»1 : .,_,.., •13<1 * •~•9'tl'i. U..-1.U, .. ...,,....
;::~ L100~-1100000) , ....... 1,00000; 1100000) -•oooocot' . a'°"" ctOOOGQOt. 4UDOOOO. 1••-otCIOOOOlt
--.( ... ..... -...... ..... ..... .. ... .... .. .... .... . ... .... ..... ...... -,.,.,. ....... ,.. ... ...... ....,.
I ,...,,,.., '• ttul.)4~ I l)..$1tJllt . t.ffltJI ' .. ,,.&ll I 1ot_:t. ,14 I
~)ij'' t.ut• u ,11 t11t ,.,,.,u
♦
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tUl'1'4,~ U...0.MI , , .. ~ ,s..,.u• ,, .. .,. 11 .. w 7 ,,., ... ,oit llOMJiil1f 1174'4.IUi' (l lb,tUlt) 4J••d l.l22) 111 4111111 ·-.. .,. ..... n,· . .. "'
.... -fl:D@ • -.t ~ .. @a~ r
NO CONTINGENCY MODEL SEWER FUND
• Sen age Treatment C harges Ouartcrlv Yea r O\'e rall Rate In cr ease in Total Single Adjustm e nt Singl e F a mily Family Quarte rly
Ouarterh• Bill BUI
2008 $43.4 6
2009 8% $3.48 S46.94
2010 8% $3.75 S50 .69
2011 8% $4.06 $54.15
2012 0 % so.oo $54 .15
Annual
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Year o,~rall Rate Increase in To tal Single • Adjus11.1 ent Single Family Family Annual
Annual Bill
2008 $160.81
2009 8% $12.86 $173.67
2010 8% $13.90 $187.57
2011 8% 515.00 $202.57
2012 0% $0.00 $202.5 7 ·-
B:i.scd on an nvernge wintL , ., .. 1erly consumption of 18,000 gallons.
• ORDINANCE NO. SERIES OF 2008 BY AUTHORITY COUNCIL Bll.L NO. 78 INTRODUCED BY COUNCIL ME~IBF.R ____ _ ft BILL FOR
AN OROCl!Ai'\CE AMENDING mLE 12, CHAPTER 2, SECTION 3, SUBSECTION B, OF
THE ENGLEWOOD MUNJCIP AL CODE 2000 REGARDING SEWER FEES AND
CHARGES .
WHEREAS , the Cuy Council of the Cuy of Englewood, Colorado appro,·ed a sewer rate
increase with the passage of Ordinance No. 2J, Series of 2003 : and
WHEREAS. the proposed sc,i :r rate increases will provide adequate funds 10 operate and
maintain the Bi-City Plant as well as the Englewood sewer collection system and allow complc1ion
of sevc,al capital projcclS al the Bi-City Plant; ,and
\\·l!EREAS, the Waler and Sewer Board recommended the proposed increases 10 fees and
charges a1 their October 14, 2008 meeting.
NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
~-The Cuy Council of the C11y of Englew()(J(!, Colon1do hereby aulhorizcs amending
Title 12, Chapter 2, Section 3. Subsection B, o r the Englewood Municipal Code 2000. 10 read as
fo llows:
11-2-3: Fus and Chargts.
B. General. There is hereby le,ied and charged on each l01. parcel ofland and premises sen•ed
by or ha\'tng sewer coMection with the sani1nry sewer o f the City or Olhcrwisc discharging
sani1:uy sewage, mdus1nal wastes or oth,:r liquids, either directly or indirectly, into the City
snnllary sewer system nn annual service charge wltich shall be compu [ed and payable as
follows:
10. All fees and charges listed under this Section 12-2-3, shall be subject 10 a cumulati\'e
increase fo r the next HW Jm (S .l) yea.rs (~ '222 10 .oo8 l!lil) as follows:
011 Jen.wy 11 ~QQ 1, the eft is1ing fees 111>0 ehAFge& shell h me,eased ~Y !he eme••" of
11A••• pe..,em (I Sq obe"'e the IA1mo,)' 1. 200~. f<!es and eherges ,
011 Jen.a.-; la lQQS.1he ••is1i1,g fees eell eha,ges shall h i-sed II) !he amewu of
11Aten pe,eenl (IS%l elle"'e lhe l81lUBlo/ I, 29Cl1. fe•s and eha,ges,
°" JBJ ,.....,. I, lQQ~. lhl ""is1i11g feea 81l8 eha,gM shall li e iee,eased !) Ille IM6WAI ef
1111Mn pe,eenl (I.~•~! aee~~ lhe lM11&F) I. 29QS, fees and ehargee,
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Oft JaRua•y I. ~NP. tho -~1511Rg ~ .. 1118 ~harge, ,hall e, IRORIIS<J h'. 1hnmeu111 < f liH .. R ~ ...... , (IS•,1 oha•. the )8Rti8>,' I, 2006. re .. 8118 eha,ges. OR Jenwe-, I, ,008. tho e.,is1111g fees &Rd ehar@•• sholl ee iReroa9od h) tile aR1eun1 er l'e>H10•11 ~e,ee•t (I qq eea e 1he J9nw0-,, I, ,oo;, fees e11d aherges . On January 1 2002 Jhc cxjsting fees and chllueuhall,hejweascd by 1he amounlJ!Uil:!ll ocrcem (8%) above the Jacuoo: 1 '008 fees ?Pd.shames
On January l 2010 the c,cis1iov fee, and clwics sl,;all be increased bv the omoum of siAht
nerccnt l8%l above the Januarx 1, 2009 fees and charn~
On JanYAD' I 2011 the cxiuins fees ondcbarrs; 5b4ll hs inc.raied bv the omoun1 ofsisht
went (S~U abovc theJanucrv t "010 rm and shames
~-Safety Clauses. The Cny Council hereby finds, determines, and declares !hat this
Ordinance is promulgated under the general police power of the City of Englewood, 1ha1 ii is
promulgated for the health, safel)', and welfare of1he public. and 1h01 this Ordinance is necessary
f~r the preservation of health and safety and for the protection of public convenience and
welfere. The City Council funher detennines 1ha1 the Ordinance bears a rational relation to the
proper legislative object sought to be obutincd.
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~ Sevcrabillly. If any clause, sentence, paragraph, or part of this Ordinance or the
appheetion thereof to any person or circwmstances shall for any reason be adjudged by a court of
COl11jJCtcnt jurisdiction invalid, $\ICh Judgment shall not affect. impair or invalidate the remainder
0 1 truJ Ordinance or its application 10 01her persons or circums1anccs. •
~ Inconsistent Ordjnancq, All 01her Ordinances or portions thereof mcons,stent or
conflicting with this Ordinance or any ponion hereof arc hereby repealed to the extent of such
lllCOnsistcncy or conflict.
S££lilm..2. Effect of repeal or modlfjcatjon The rcpcal or modificauon of any pro,isi<>n of
the Code of the City of Englewood by this Ordinance shaU not release, exungu1sh, alter, modify.
or change iu whole or in pan any penalty, forfeiturr, or liability, either civil or criminal, which
shall have been inc urred under such provision, and each provision shall be treated and held as
still remaining in force for the purposes of sus taining any and al l proper ac tions, suits.
proceedings. and prosecutions for the enforcc111cn1 of the penalty, forfeiture, or liobilhy, os well
as for the purpose of su;taining nny judgment, decree, or order which can or may be rendered,
entered, or made in such actions, suits, proceedings, or prosecutions.
~ Penalty. The Penalty Provision of Section 1-1-1 EMC shall apply to each and
e,·ery ,iolation of this Ordinance.
Introduced. reaJ in full, and passed on first reading on the 3rd dayofNo,·cmbcr, 2008.
Publi~hed as a B111 for an Ordinance 1r1 the City"s official newspaper on the 7"" day of November,
2008.
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• Pubhshcd as a B111 for an Orduunce on 1hr Cuy"s oflic1al websile beginning on 1he 5th day of
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November. 2008 for thirty (30) days. Jam<'S K. Woodward, Mayor ATTEST:
Loucrishia A. Ellis, City Clm
I, Loucrishia A. Ellis, Cily Clerk "' 1hc Ci1y of Englewood. Colorado, hereby ccnify lha1 1hc
above and foregoing is a 1rue copy of a B111 for an Ordinance, in1roduccd, read in full, and passed on
6rs1 reading on lhe 3rd day or November, 2008.
Loucrish.ia A. Ellis
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ORDINANCE NO. SERIES or 200S BY AUi IIORITY COU:-CLL Bll l. :-10 5-INTRODUCl:.D BY COUI\CIL MEMBER ~lcCi\SLfl\ AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON Ei\CII DOLLAR OF THE
ASSESSED VALUATION Of ALL TAXABLE PROPERTY WITHIN THE CITY OF
ENGLEWOOD, COLORADO.
WI IEREAS. i1 is 1he du1y or 1hc City Council or 1he City or Englewood. Colorado, under the
Englell'ood Home Ruic Charter nnd Colorado Revised Statutes, lo make 1hc annual property levy
ror Cily purposes; and
WI IEREAS. the City Council has duly considered the es1ima1ed valuation of all !he taxable
propeny "ithin lhe City and lhc needs of the C11y and or each or sa,d levies and has dctennined
that the levies as hereinafter SCI forth, are proper and "ise; and
WH EREAS, the following levies are pem1i11ed under Anicle X, Section 20 of the Colorado
Cons1itution without a vote by the citizens;
NOW. THEREFORE. BE IT ORDAINED BY THE CITY CotJ~CIL Of THE CITY OF
ENGLEWOOD. COLORADO. AS FOLLOWS:
~J That there be and hereby is levied fo r the year or2008. due and payable as required
by sta1ute in 1he year 200Q, n tax or 5.880 mills on the dollar fo rthe General Fund of the City or
Englewood, Colorado. and I. 94 7 mills on the dollar for 1he General Obligation Bond Debt Service
Fund or the Ci ly of Englewood, Colorado.
Th.,i the levy herein.ibove SCI forth shall be IC\icd upon each doll.tr of the assessed valuation of
all tuablc propcny wnhin the corpora1e limits of the City of Englewood. Colorado. and 1he said
levy shall be certified by la".
lm roduccd. read in full, and passed on fi rs1 rending on the 10th dny of Oclobcr, 2008.
Published as a Bill for an Ordinance in 1he Cny's onicial newspaper on the 24& day of October,
2008 .
Published as a Bill for an Ord1rance on the City's officio! website beginning on !he 11nd doy of
O~1obcr. 2008 for thirt)' (JO) dnys.
Rc;id hy 1i1le and passed 0 11 linoL rc.1ding on the 3rd day of November. 2008 .
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Published by utle in the Cuy·s orlic,al ne\\>('3pcr as Ordmancc Ko._. Scncs of 2008. on the 7"' day ofNo,·cmber. 2008 James K. Woodward. Mayor ATTEST:
Loucrishia A. Ellis, City Clerk
I, loucrisbia A. Ellis, City Clerk of the Cny• of Englewood, Colorado, htreby ccnify that the
above and foregoing is a true copy of the Onl1nancc passed on final reading and published by
111le as Ordinance No. __, Series of 2008 .
Loucrishia A. Ellis
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'.\1F.~l0RASlll'M TO. FRO~I.
DATE:
Ma,or W0<.11.h\orJ t Englc"ood C'II) Council Me, ,hers O3n Brotzman. C'11) Ano
Oc1obcr ~9. 1008
REGARDING: Council Shon\l'errn.
TI,e following are proposed ahcmall\'CS addressing from loading gara~•s when eons1dcrmi1
cxcq>1ions lo minimum 101 v.id1h and area requirements fo r subdl\ 1s100 propenies mall R-1 wnc
dismm pursuant 10 Council Shon Term Request No. 0S-1li7.
I. Tiic first allema11\'c ,s 10 incorporate 1h1s os o crilcna when a request ,s made 10 the Planning
und Zoning Commission. The foll01ving lan~ungc wou ld be mcorpora1cd in 1he new language
1hn1 is being added.
16-S-l(D)( I )(al(5) '-
Die resuhm.1uµlx!i.l:i}1on will.n~'\$JRQ1ljcnoULw1m.JnU1~c1 on those PW1!"1i~s
sucmundjng the sybdjyjdcd oropcnx;md 1h~1 lb£ gcperaJ publli: hsaJth safe1Y.AAd 1Yc;lfare of
tbs sornmunitY ecs omtected Sush soosidsutien sha ll indud£ but shall nol be limited to
th£ numhrr g( [rppJ IA■lliPr flCIG£5 on the b}Ofk in Whish th£ 9[99£@' Is losusd
OR
1. The second ahenum\'C rs an 01,:rigt,1 rcs1nc11011 for an) request for an e~.cepuon 10 muumum
101 width and are3 requirements in R-1 wnc districts. The folio" 1111: lar1b,uagc mirmrs 1hc
language for duplexes 1hn1 was rcccmly adopt,'tl by Council.
lb-~-ill2l_(l){alW Other Rc;s1ciciions .
;s,, yanapc;cs,shalllx.31Jllit~.l11.ao) N~-t(WI.J,)(a),
II. llJ£.ro\ll.liw:.PO[!:clUball.lllll .'U,0qs1dc~ IOU.._llLdclincd,
lll!d sj):sl!.LJ.LdCl(Cl\111.~d IWJ!IU.hr ZOJI~ d1wW1 's 1llt<::-llntl dwcllini.
diu1~.2Qui· s,1,·ntt
LillU) Crnorm· haYinr n er alley asses, .
11 bli
t&l PdYG\H Y ■sscss from the PHhlls HCCCII shell be nrebihftcd nscnt roe serncc !elf »-here narc qrppg er eerldoe Pld 001\1 he ISSCHCd from th£ dds tJnet Oil Perking R!dt Wit hie the CceOJ YICd or [rppt !SI besk lhlll he PCAhilil.al, ll. Croeccn: whhout CCI[ ■Hex IFFCH·
ta1 Gererca e Pd s1rpgrt11h1H he Iese red e minimum nf
twcotv feet (20'} behind the Ccoet hulldiPe Hoc or the
wlllai:,
W M11lmum dd xcwex and/or earklPR ned »·fdth within
kPPt xard or 0:PPt st hesk ,hell be ten fest (10'}
3. Altemat.ives have not been proposed regarding Mr. Smith 's e-mail doted October 27, 2008.
Such a dramatic change will require significant lime to modify the CWTcnt Ordinance. It is
recommended !hat if Council detcnnincs to investigate this proposal that this matter be sent to
the Englewood Planning and Zoning Commission to obtain their insight and recommendation.
Attochment
CC: Gary Sea.rs
Alan While
Tneia Langon
Lou Ellis
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Page I of2 Le igh Ann Hoffhines From: John Smith l,ws3@hswmlaw comJ Sent: Monday, October 27, 2006 10 03 PM To : Council Cc: Nancy Fenton , Nancy Retd Subject: Council 811165 Dear Mayor and CouncU Mem~rs,
I am wnting as a cI11zen as well as the present Chairman of the Board ol Ad1ustmenI and Appeals (BOAA) ol !he City of
EnglewooJ. This communication is not written on behalf or the BOAA 0< any or rts members
This II concerning Council Bill 65. First, let me say that Ive only reviewed the Council Minutes ol October 6, 2008 since
laler minutes are not yet available and if Council Bills are onl1ne at the web 11te. Im unable to find them The BOAA
was not appnsed of the pending ordtnarice change
In any evenL from the descripllon provided by Ms Landon, ,t appears that Council Is about 10 ap1><ove a process for an
"admtnistralive• adJuslmenl to the Development Code In this case, that decist0n by the COD It evldenlly subject 10 an
appeal to the Planning and Zoning CommissJon (P&Z). Their decision would then be appealed 10 lhe Council ana lhal
decision lo the Oislrlcl Court
The problem with the proposal by the Communrty Development Department (COD) 11 thal It 11 recommending a
process where the COD makes a dech,lon and concerned parties then may appeal to the Plannmg and Zoning
Commission, then to City Council. This totally igno<es the funcbon and exper1Jse of the BOAA
As I read the Charter, the P&Z Is a body which recommends broad Changes lo !he zoning comp01It10n ol lhe C11y On
the other hand, lhe BOAA Is to review the unique clrcums1ances surrounding a partlCulaI property 10 determine
whether relref should be granted ft0<n the letter of the Ordinance (I've appended lhe Charter prov1toon1 betow for your
convenience .) The BOAA Is set up by both lhe statutes of the State of ColO<ado and the Chane, of the C11y of
Englewood to be a quasi-judtcial body. Histoncally, the reason for that was lo remove the poltl)cal ramifications fr0<n
such decisions The present recommendaUon of the COD Is faulty In that tt provides f0< an appeal (under what
standards, I'm not sure) 10 P&Z, (which should be recommending pofrcy) lo the C,ly Council (which should ~ making
pofrcy) 'Mlhout a specd"oc set of standards, such as those required for the BOAA to grant a vanance, 11 seems to me to
be inviting arbitrary and capricious decisions,
Netther P&Z no; Council should be determining whether a specific property should be subject 10 the general zoning
requirements, a process generally known and condemned as ·spot zoning· Indeed that II the functJOn of the BOAA
Thank you f0< consl<ferat,on of my comments
John W. Smith
3835 S. Elat1
Englewood CO 80110
303-761-8411
PART II CITY PLANNING AND ZONING COMMISSION
S6 Comm,sslO(J establlshad •
The Couneil Shall establish by ordinance a City Planning a/Id Zoning Commiss/oo consisllllJ of nine (Pi members
appomtad by Counc,, who shall be C<tizens-at-lsrge 1>1/h overtappmg four (4) year lerms The City Manage, shall
appoint an administrative offic,,r lo be an ex officio nonvolmg member Of Iha Comml5$IOI) Members shal be qua/1(,ad
electors. residents of the C,ty at /easl one (1) yearrmmed,atety pnor to the day of their appo,nlmenl and shall hold no
paid off,ce or pos,f,on ,n Iha Ctty Admmistralion The r&cordmg secretary shall s,gn any doe"mants or commun,ca/,ons
10/30 W08
from the Board, "by order of the C,ry Plsnnmg and Zorong Comm1sSJ011 " (AIN nded 5-5-1970. 11-6-1979) Page 2 of:? • 57 Authonty The City Planning and Zoning Commission shall exercise sueh authority as vested In It by State Ststute5 and u set forth In this Charier and as granted by ordinance. 58: Duties.
The City Planning and Zoning Commission shall prepare and submft lo the Council for ffs approval• masts, p1,n. and
current modifications thereof. for the physical development of the City. All plats of p,opose<I sub<llvfsions shall be
submitted to the City PlaMing and Zoning Commission for its recommendalloos to Counc/1 w,th respect thereto The
Commission shall submit annuel/y to the City Manager, not less than ninety days prior Jo the submission of Iha b<Jdget,
a /isl of recommended captte/ improvements. arranr,ed In order of preference, .,.-,,,ch In the op1n1011 of the Commi,sSIOII
era nece#B,y orde!SJllb/a to be consllllete<I during the folthcoming five-year penod.
It shell prepare a'ld reGommend to tlhl Council, a ccmprehanslve zoning ordinance or propose amendments or
ravlslons thereto, with such provisions as tha Commission shall deem necessary or desirable for the promotion of the
health, safety, morals 1nd gener,I welfare of th• Inhabitants of the City. The Commission shall h11ar app/lcstions for
amendments, modifications or revisions of zoning ordinances, and shall forward such app/lcatlons to 1h11 Council with
/Is reoommendallons th11reon. Th11 racommandatlons of the Commission shall not b11 binding on th11 Council; however,
no ganeret city plan, nor zoning ordinance, nor any modification, amendment or revision thereof, shall be considerad by
the Council unless tha same shall have bean first submitted to the Commission for /Is eKemlnatlon and
ttcommandaUon. The Commfssf~n shall conduat puofla hearings as they deem necessary,
PART Ill.BOARD OF ADJUSTMENT AND APPEALS
59 Board Clflalad.
Council shall establish by ordinance a Boald of AdJtJstmant and Appeals. consisting of savan (7) memt>srs appointed
by Counc/1, for overlapping terms of four (4) years. Members shall be qualified alectors, ras/dants of tne City st /aast
one (1) year Immediately prior to the data of their appolntmefll, and shall hold no other office or posltlc., In the City
Administration. The racording secretary shall sign any documents or communications from the Boeld, "by order of the-
Boeld of Adjustment and Appeals".
(Amended S-5-1970; 11-5-1991)
60: Powers and duUes
The Board shs# ksep minutes of ds pl'OCffdinQs. s/Mv the vote taken. keep recoo:ls of #s examinations and olher
officw actions. Every order, reqwrement, decision or datarmlnabon of the Boald shall be filed in the offlul of the C,ty
C/erlt The 8oan1 shall have power to hear and determme appeals from refusal of building perm,ts; make spec,sl
aKceptions to the terms of the zoning ragut11tions In hermooy with their ganarel purpose and Intent authorize variances
from the stricl application of regutations m such situations and subject to such limitations es may be set by ordinance.
The findings and decisions of the Boald :hall be final. sub)9CI only to judicial rev,aw.
The 808/d shall eKercfse Its aulhonty In accordance with Stets Statutes. except as otherwise provided In this Charier
10/3012008
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ORDINANCE NO. SER IES OF 2008 BYAU"IIIORln' COUNCIL BILL NO. 65 INTRODUCED BY COUNCIL MEMBER OAKLEY AN ORDINANCE AMENDING rITLE 16, CIIAPTER 8, SECTION 4, OF THE
iNGLEWOOD MUNICIPAL CODE 2000, ESTABLISHING AN EXCEPTION TO THE
MINIMUM LOT WIDTH AND AREA REQUIREMENTS FOR SUBl)IVISION OF
PROPERTIES IN ALL R-1 ZONE DISTRICTS.
// /rt I
Wf!EREAS, 1he Englewood Planning and Zoning Commission recommended forwarding lhc
proposed amendmcn1s 10 Ci1y Council: a,.d
WHEREAS, The Englewood Unified Development Code dis1inguishes be1wecn the three R-1
disuicts liy relative 101 size; and
WHEREAS, in 2004, the Englewood Unified Development Code prohibi1ed variance
applications for eilher 101 wid1h or 101 area, 1hc proh.ibi1ion was intended 10 prevent the creation of
smaller lots 1han zone dislrict standards would allow, especially in multi-uni! dis1ricts: end
WHEREAS, the Community Dcveloprnffll staff =icwcd the issue and noted that
approxima1ely 13% of all exiS1ing R-1 propenies do not meet zone dis1ric1 dimensional
requiremcn1s; and
WHEREAS, allowing minor modification 10 101 "idth and 101 area standards supports the
Comprehcnsile Plan goals and obJcclives by improving 1he Ci1y·s housing s1ock: and
WflhREAS, !his amendmcnl would allow subdivision of an R-1 parcel if the resulting parcels'
widlhs or mas were not more 1han s• • smaller 1han the zone disuic1 su,ndard; and
WHEREAS, 1he exception prohibils adjus1mcn1s or varin ,ccs 10 side ietbacks and maintains
1he minimwn side se1baclcs between structures, no mauer th, width or area of the parcels:
NOW, THEREFORE, BE ff ORDAINED BY HIF • ITV COUNCIL OF THE CITY OF
ENGLEWOOD. COLORADO, AS FOLLOWS:
~-The C11y Council of 1hc Ci1y of Englewood, Colorad<> hereby au1honzcs amending
Ti1lc 16. Chapter 8, Sccuon 4. of the Englewood Munici1,al Code 2000 to read as follows:
I t,.8-4: SubdMsion Design and lmpro1·,mtnls.
A. Applimbiliry. Unless 01hcrwise expressly s1a1cd in a volid approved Developmem
Agrec1,1ent or annexa11on agrccmen1, 1hc provisions of1his Seclion shall apply 10 all
subdilisions.
B. La;-0111 and Dc.fig11 Gener/Ill)' No subdivision sholl be appr01·ed unless ii complies wilh nil
of the follo"·in• standards und cri leria :
I, Co,nph311<!C \\llh lhc l It\ ,,1 [ 11~1c,..~,d Pl.ms The d~ll,!11 of rubdl\ ISIOOS shall be C<>nS1Sltlll \\llh 1t1c (II) ol h1i;lc\\.-~I t-.,mprehcnsl\C Pinn nnd nil 01her adop1cd plan< nd 1~1hm•;, w,lc,. 1•tl1cl'\\l>C appm,cd b) the City. C,,mphance "1th , ,1hc1 l'ro, 1\100, of 1l11, 1 Ille All subdl\ 1s1ons shnll comply" nh all other apphcablc n•nmg. dc>1gn, nnd dcvclopmcnl regulations set fonh in thi, T11le. including but no1 l11n11cd Ill
~-The rcqu1rcmcm, or the lone d1s1nc1111 "hich the propcny 1s located (Si.-c
Chapter 16-3 EMC:. "Zone Oimim"):
b. The rcquirmiC'll , rck,1tnt to spcc11ic II.IC> (Sec Chapter 16-S EMC, "Use
Regulations"); and
c . Generally applicable de,clopment standards (Sec Chnpter 16-6 EMC,
"Development Stamdards"), 1oeludmg Sc.:uon 16-6-3 EMC. "Streets and
·, chicle Access and Circuln1io11".
3. Plans :,r Remainder Parc<ls. Where an en1,re parcel under the applicant's comrol or
owner. ~ is not subdi,idcd, the npphca111 shall submil plnns for the remainder or the
parcel. including major road connections nnd intended lnnd uses.
C. Railroad Rights-of Way. Where• subdl\1>1on 1s adJacent to or ad Joins n railroad nght-of•
way, provision of space for grndc scpnrntlons. hufrer klrips nnd other pro1cc1ive treatment
shall be made to the cx1cn1 and type ns shall be dc1enmncd by the Cuy Manager or
designec in coordinauon "1th the ratlri»J
D. let Dc1ig11 and Sp,•cifications.
I. The minimum d,mensi?n5 orl01s ~hall be in accordoll<c "1th CJ13p1er 16-6 EMC.
"Development Standards",
ii. R-J Sybdl\jsjon Exccpuon.
W oooHcabilily· The R:.LS11h!li.vw,w1.1:mP1w.iulmll llJlJJlx.lll
PWPSOiCJ 111 B· I ·A B· I ·D ;md R:L-(.' zone amcim <•nix, The
Sub<Jimioo ExcwJ0o may w Q~ llll:JllWIWIIIJUlll.ll:idllw
minimum \owwunm.n ~~Ulllllun.J'~'lllu!l:.6· l~t:Y.Pf
Dimcnsionnl Rcgu~tfor frill£ioal Su:ycJuru.
Ul lnui;uion AQ •ooliwlll.ll...Cl!r.R•.LSuM1us1vn~110JUllil) tx
iniIia1,d bv Ihosuooi~till!mufi1·dJu .:m11w1 ~l!AUhlC~
Ul N91jg;· The Cjly •b•lW11111CSJbalJlllllCC u(1S11u!Gd l!lllws.hcanm:
be givon by PlllP'11 • .:u1:os1wu11111.J1.11b.h~a11111..w_n,~~11)
secIjon 1§-; J~
ill Commission Actjop Jbc CplPWJssmn ~hall m1cw Lh~
~dlht.Ii;i:lWWl~ldDIIOI~
staIT and shall hold a pubHG,h~,1ht,L'll.lwllil·11.
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Cmma In wnsiderine an R-1 Suhdi>is\~n Exmtion the Commission shall onJv aoomrs a orooosed aoolication ifit finds thal 1hs subdiYJsion meets the fo!lowins: L All P@rceluesultine from no R-1 Subdirision Exceotion shall POI be csduced bv more than fiye oercent CS%\ of 1he zone d.istrict's minimum lot width rcauircment.
~ All oorccls cssuhine from an R-1 Subdivision Excco1ion shall
not be reduced hv more than five percent {5%1 afths zone
district's minimum lot area muirgpcpt
" The rsultinz sutxUPsioo will 001 have, sismfiGAnt ocsDtiYc
iPlPIGt on tbmie oJPPSJies wrmuoslios tbe uJbdiyided prppqty
and tbol the esom1 PYbtic hcahh sfetY and »·ctftcs nfth e
commuoitv are RJPtccted
L§l Q1hg Rcstric1jons
ill
I, No ynriancc:, shall be pea»ined IP ODY POD pf I 6-K-4(QX l)(a),
12. The rcsultine narcels shall not be considered §mall lots as
defined and 1boll be developed wing the zone distdc1•3 one-unit
dwcllio R dimen~ional reouiremrnls
~ No adiustmcnts or variances to orincioal structws aids smhacks
sbnll hs P£DDint.d on parcels mled lhmusb an R-1 Subdivision
~
Pp§J APPTPYal. Aoolicalioo for Sulxhridon APPmxnl A Minor
Subdivision IPPJication Md Plat for POORSlY ppprpygi through an R-1
SubdiYi§iOP Exccolioo shall be submitted to the CilY within QPC
hundred cishtv Cl 80) daxs of the Commission·, OOPI decision Final
decision shoH mean Commission anomval of Findi~
6QPSAI APPS@ls of 1bc Commission decision of on R-1 Subdivision
Exccntion APPiication shall be made ta the Council nWJuam to l6-'-
1s1c) EMC
!EDITORS NOTE: T he remaiodtr of 16-84(0) cootaios no t ba ogts ■od is lhtrtfore not
Included bertl
Section 2, Safetv C}au~es. The C11y Council hereby finds, detcnnincs, and declares that this • Ordmancc is promulgated under the gcn,Tal police power of the Cuy of 1-n~cwood. that ti ts prumulgated for the health, S3fcty, and welfare of the public, and that this Ordinance is necessary for the preservation ofhenlth and safety and for the protectton of public convenience and welfare. The City Council funher detennines 1hn1 the Ordinance bears a mttonal rcla11on 10 the proper legislatt\'e object sought 10 be obtained. ~. Scverabjlhv, If any clause, sentence. paragraph, or pan of 1h1s Ordmanoc or the
application thereof 10 any person or circumstances shall for any reason be ad Judged liy a court of
competent jurisdiction invalid, such Judgment shall not atTcct, impair or tn\'alidate the remainder
of lhi.: On.,nance or us application 10 other persons or circumstances.
~-lnconsis1cm Ordinances. All other Ordinances or ponions 1hercofinconsis1em or
conflicting with this Ordinance or any ponion hereof are hereby repealed 10 the extent of such
mconsistency or con0ic1 .
~ laQ' :1 of reoci,19r m,,djfica1ion. The repeal or modifica1io11 of any provision of
the Code of the City ofEn-·'C\\t>Od by this Ordirance shall not release, extinguish, alter, modify,
or change in whole or in pa.. my per.ally, fonci ture, or 1;ab11ity, either ch,I or criminal, which
shall have been incurred under such pro~, ion, and each provision shall be trctted and held as
still remaining in force for the putp•'M'S of sustoining any and nil proper actions, suits,
prooccdings, and prosccu11uns for ti, • ufr rr,nent of the penally, forfeirwe, or liability, 3S well
as for the purpose of~. ,•1inmr. ant Judgr cnt, decree, or order which can or may be rendered.
entered, or made in such.~ ,c.,•, 'l ,t s. proc,:cdings, or prosecutions.
~ ~ The Penalty Pro,ision of Section l-4•1 EMC shall appl)• 10 clch ond
e,ery violation of this Ordinance.
Introduced, read in full, amended and passed on first reading on the I 5th of September, 2008.
Published as a Bill for on Ordinance on the City's official website bcg1Ming on the 17"
day of September, 2008, for lhiny (30) days.
A Public H ·ring was held on the 20~ day of October, 2008.
Read by title ano ,' ,,.,.,; on final re.iding on the 3rd day of November. 2008.
Published by title in the City's officin l newspaper as Ordinance No._. Series of 2008, on
the 7th day of November. 2008.
James K. Woodward. Mayor
ATTEST:
I ,ucrishio A. Ellis. City Clerk
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I, Loucrish1a A. Ellis, City Clerk of the Cuy of l:.ngle"ood, Colorado, hereby ce"'f> that the ab<nc and foregoing is a true copy of the Ordinance passed on fi ne I readi ng and published by rn!e as Ordinance No._, Scne5 of2008. Loucris hi a A. Ell is
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ORDINANCE NO. SERIES OF 1008 BY AL 1 IIORITY COUNCIi BILL NO. 73 lt-.iRODLCED BY COUNCIL MEMDER MOORE AN ORDINANCE AMENDNG TITLE 12, CHAPTERS, SECTION 6 OF l'HE
ENGLEWOOD MUNICIPAL CODE 2000. PERTAINING TO THE USER FEES FOR
Tl IE CONCRETE UTILITY AND CONCRETE UTILm ' ENTERPRISE FUND FOR
THE CITY OF ENGLEWOOD. COLORADO.
WHEREAS, the Englewood Municipal Code sets fonh "propeny owners arc respo nsible
fnr the ma1nten1 •·e ~f concrete curl>s, gutters. and sidewalks adjacent to their property"
11-7-18 EMC, nrd
WI [".REAS, 1he C11y Council of the City of Englewood, Colorado approved Ordinance
No. 36, Series or 1997 establishing the Concrete Utility and Concre1e Utility Enterprise Fund
and created a funding mechanism to help owners w11b their financial responsibility for
concrete maintenance; and
\VH!:REAS, the Concrete Uulity pro,ides a type or concrete repair insurance and a
convenient way for owners to pay for the cost of concre1e maime1111nce (96% of the 1..:: arc
collected with the water and sewer bills); and
WHEREAS. the C11y panicipatcs for intersection comers. alley entrances. drainage cross
pans, concrete alleys, and pays for 70% of the avenue eostS; and
WHEREAS, Ordinance No. 36, Series of 1997 established the fee at S0.078 per square
foot of concrete; and
WHEREAS. the passage of this Ordinance will allow the Engle"·ood City Council to
establish fees per City Resolution;
NOW, THEREFORE, BE IT ORDAINED BY TIIE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS :
~ The City Council of the City of Englewood, Colorado hereby nuthori1es
amending Title 12, Chapter 8. Section 6 of the Englewood Mun icipa l Code 2000 10 read ns
follows:
12-8: CONC RETE UTl l.lTY AN D CONCR l,;TI,; UTll.lTY ENTE RP RISE FUND
12-8-6: User Fees.
/\. There is hereby imposed on C\'er)' lot or p3rccl of lnnd within the C11y a concrete
utility fee . The concrete utility fee shnll be reviewed annually and SCI from lime to
time by"""-mllliwl of the City Council 3nd sh.111 be based upon the area
of concrete immedintcly adjacent to the lot or parcel.
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B All monies received by the City under this Chapter shall be placed ma separate account and expcnduurcs thereof shall be made only for the purpose of: I. Consuuction, installation. repair, maintenance, improvement. replace,nent and reconstruc11on of public concrete in lhc Cit)' and all other faeilnics necessary 10 adequate ly provide for tmnsponntlon in the Cny. 2. Funding of all costs, includmg but not hmi1ed to admrnistratil'e coSlS, studies, equipment. consultants, laboratory 1es1ing, personnel costs, and
syste;n improvements. needed to complete lhc srudies and management
programs necessary 10 bri ng 1he concrete wi1hin the right-of-way of the
public si:.-ccts into compliance wilh all State and Federal regulations and the
requirements of the City as contained herein.
l. Reimbursing of other City fund di,,jsions for expense$ 1J1CUrrcd in the
operation, repair and maintcnllnce of the concrete within the nght-of-way of
lite public streets All reimbursements must be proponlonal 10 seivices
rendered by other dcpanmcnts. and, likewise. proponional credits shall be
received fo r semces rendered 10 other depan ments by the concrete utility.
C. The Englewood Cuy Council hereby gives approval for establishment of a
concrete utility users fee ef H en .. ,~ oigl,1 1eetft!i eents (SQ,Q78l per sque•• HlBl
ef eoneFMe """ aR."'JWA which sbnll tx fixed by mlutiou ofCiryCpupsj)
D. The City may pledge Concrete Utility Enterprise Fund fees collected under Ibis
Cl,aptcr, and those anticipated to be collected, 10 lhc retirement of the principal
and interest of revenue or general obligation bonds issued hl' the City for financing
any of the activities of this Chapter.
E. The City may pledge Concrete Utili ty Enterprise Fund fees collected under this
Chapter. and those onticipated to be collected, to panicipatc with other public
enuties, hnving a common Interest, In concrete utility projects.
~-Safety CJou~es. The Cuy Council hereby finds, determines, and declares that
this Ordinance is promu lgated under the general police power of the City of Englewood.
1ho1 it is promulgated for the health. safety, and welfare of the public, and that this
Ordi nance is necessary for the prescr\'ation ofhcahh and safety and for the protec11on of
public convenience and welfare. 111e City Council funhcr determines tho! the Ordinance
bears a rauonal relotion lo the proper legislative object sought 10 be obtained.
~-Scvqabilhy, If any clause, sentence, paragroph. or pan of this Ordinance
or the application thereof 10 any person or cin:umstonces shall for ony reason be
adjudged by a coun of competent Jurisdiction involid, such judgment shall not affoct.
tmpair or invalidate the remainder of this Ordinance or ns opphcauon 10 other persons or
circumstances.
~. lnconsis1cnt Ordinances. All other Ordinances or ponions thereof
inconsistent or conflicting with 1his Ordinance o r any pon ion hereof are hereby repealed
10 the extent of such inconsistency or connict.
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Section S. Effect of repeal ur rnodjljcation. The repeal or modification of any provision of the Code of the Ctty <>f Englewood by this Ordnuince shall not release, extinguish. alter, modify, or change in "hole or in pan any penalty. forfeiture. Pr liability. either Cl\11 or criminal, wtuch shall have b«n incuned undtt such pro,is,on, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and a II proper actions. su,ts, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability. as w•·II ns for the purpose of sustaining any judgment, decree. or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions
Section 61 J!m!l.lx, The Penalty Provision ofSccuon l+I EMC shall apply to each
and every 1iolation of this Ordinance
Introduced, read in full, and pas1,4.J on first reading on the 20th day of Oc tober, 2008.
Published ~s • Bill for an Ordinance in the Cttv's official newspaper on the 24~ day of
October, l008.
Published as a Bill for an Ordinance on the City's official 11·ebsite begiMing on the 22nd
day of October, 2008 for thirty (30) days.
Read by title and pa:ssed on fina l reading on the 3rd dny of November, 2008.
Published by title in the City's official newspaper as Ordinance No._, Series of
2008, on the .,. day ofiNovanber, 2008 .
James K. Woodward, Mayor
ATTEST:
Loucrish1a A. Elhs, City Clerk
I, Loucrishln A. Ellis, City Clerk of the City of Englewood, Colorado, hereby ccnify
that the above and forego ing is a true copy of the Ordinance passed on final reading and
published by title as Ordinance No. _. Series of 2008.
Loucrishia A. Ellis
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COU"-ICll COM MUNICATION Dale: Agenda Item: Subjtct; Nm ember 3, 2006 1 1 Ci Supplemental Approp ria tion 0 1 Funds for Lighting lmprO\ ements, Concrete and Electrical Repairs, and Holiday Decorations irom the Landsc,1pe and Fine Art Funds
Initiated By:
Department of Finance and Administrative Services
I Staff Source:
Frank Cryglewlc z, Director
COUNCI L C OAL AND PREVI OUS C OUNCI L ACTI O N
The City Council has dis cussed this Issue at Study Sessions on February 1 I and April 14, 2008. At
the Budget Retreat held on September 20, 1008, City Council directed staff to prepare a
supplemental appropriation of $69,000 for ligh ting Improvements (globes). electrical and concret e
repairs and holiday deco rati ons. City Council discussed this resolution and decided 10 con tinue It
10 the November 3, 200b meeting.
RECOMMENDED ACTI ON
Staff recommends City Council approve the attached supple.11en tal resolu tion appropriating
$69.000 from the Landscape and Fine Arts Fund for lighting improvements and holi day deco rations.
BACKGROU ND, ANALYSIS, AND ALTERNAT IVE S IDENTIFI ED
The Land~cape and Fin e Arts Fund was created to accoun t for funds collected from properly
owners In lieu of providing landscaping as required by Ordinance 2, Serles of 1984. Th<? funds
1ecumulated ca n be used lo, •beautification of the public areas as <!e ten~•ned by the legislatl\ e
body."
The funds \\ill be used for, S 12,000 for holidat ligllling (contract0<-pr01 oded), S 1 2,000 for electri.:al
and concret e repairs and $45,000 for globe replacements on Broadway. The South Engle\\ood
Broadway Busin ess Improvemen t District will support th e projec t by providing up to S6,000 In
lunding .
The lollm, ,ng illustrates the uansrer and use of 1unds: • GENERAL FUND SOURCE OF FUND S: landscape and Fine Arts Fund Balance S69 .000
USE OF FUN D~:
Transfer Out tcr the Publlc lmprovemenl Funtl S69,000
PUBLIC IM PROVEMENT FUND
SOURCE OF FUNDS:
Transfer In From General Fund $69.000
US E OF FUN DS:
lighting, Concreae, Electrical Repairs and Hot,, JY DI" vrations So9,000
FI NANCIAL IMP r ~
Th is sup plem ental an,ropria tion will leave S6,0 l 1 .J~ In the Landscape and Fine Arts Fund. • LI ST OF ATTACHMt NTS
Proposed Resolution
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RESOLUTION NO. SERIES OF 2008 A RESOLUTION TRANSFERRING FUNDS FROM THE LANDSCAPE AND FINE ARTS FUND TO THE PUBLIC IMPROVEMENT FUND FOR LIGHTING IMPROVEMENTS,
CONCRETE AND ELECTRICAL REPAJRS A.'ID HOLIDAY DECORATIONS.
WHEREAS, the Landscape and Fine Ans Fund was created 10 accoum for funds collec1ed from
propcny owners in lieu of pro,iding landscaping as required by Ordinance No. 2, Series of 19~4:
and
\\'HERE.AS: the funds accumulated can be used for "beau1ifica1ion of the public areas as
dc1ennined by the legislative body"; and
WHEREAS, the 1unds wil l be used for: $, ____ for holiday lighting: SI ~.000 for cltc1rical
and concrete rq,airs; and S4S,000 for globe replacements on Broadway; and
WHEREAS. the South Englewood Broadway Business Improvement District will support the
project by providing funds to share in the cOSI for holiday lighting;
NO\\', TII EREFOR.E, BE IT RESOLVED BY TiiE CITY CO UNCIL OF TII E CITY OF
ENGLEWOOD. COLORADO. THAT:
~-The City Counci l of the Cit y of Englewood, Colorado, authorizes the transfer of funds
from the General Fu'ld 10 the Public Improvement Fund. as follows:
GENERAL FUND
SOURCE OF FUNDS:
Landscape and Fine Arts Fund Onlance
USE OF FU NDS:
Transfers Ou1 to 1hc ruM ic lmprovcmen1 Fund
PUBLI C IMPRO\'Ell1£NT FUND
SOUR CE OF FUNDS :
Tran,f"'1 In f1nm th~ General Fund
USE OF FUNDS:
s ___ _
s ____ _
s. ____ _
L1ghung. Concmc, Electncal Repairs and Holiday Dccora11011s S, ____ _
~ 111c City Mar, ,gcr and the Director of Finance and Adm111istrnt ive Services are hL'l'ehy authorized to mn~c the abo\'e changes to the 2008 Budget for the City of Englewood. ADOPTED AND APPROVED this 3rd day ofNO\·ember, 2008 .
ATTEST:
James K. Woodward, Mayor
Loucrish ia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk for the Caty of Englewood. Colorado, hereby cenify the abo"• is
a true copy of Resolution No. __, Sen cs of 2008.
Loucrishin A. Ellis, City Clerk
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COUNCIL COMMUNICATION Date : Agenda Item: Subject: Nm embe r 3, 2008 11 C ii Resolution for Water Rate Increase Initiated By: I Staff Source:
Utilities Department Stewart H. Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council approved rate increases in 199&, 2003 and 2004 to provide revenues to finance capital
Improvements, fund daily opera tions, ~atisfy bond cov, nants and maintain adequate reserves .
RECOMMENDED ACTION
The Englewood Wa ter and Sewer Board recomme nded , at th ei r October 14, 2008 meeting.
Counci l appro val of the proposed resolu tion. The increase in water service charges will be 7% in
2009 , 7% in 20 1 0 and 6% in 2011 effec ti ve January 1, 2009 .
BACKGROUND, ANALYSIS, ANO ALTERNATIVES IDENTIFIED
The proposed w1 ter rate increase is deemed necessary to cover increasing ex pens es due to
infla tio n and capi tal improvements . Capital items include rebuilding the Allen Plant roof, modifying
th e overhead storage reservoirs piping srstem, City Ditch piping and rebuilding some major
transmission mains in the distribution system . The Utility will also be required to install an ultraviolet
disinfection sys tem at the Allen Plant by the en d of 2013 to mee t Federal reg ul ations governing cyst
removal.
The Allen Plant roof is 30 years old and needs to be replaced, The exis ting tar/rock roof has
excee ded its life expectancy and repairs are no longe r 2dequa te. The existing piping and valvin g at
the 2 e•. 3-millio n gallon tanks need to be mod ifie d to ~rovi de adequate pumping hydraulics and
allow them to be isol ated for repairs. The City Ditch is experiencing bank erosion in severa l
loca tions and will cause property damage if not stabi lized, Using ma in break records, quality
complaints and fire Row informa ti on, it was de termined that various 4" unlined cast iro n wa ter
mains have leaks or have obstructions due to turburculates , causing flow restrictions, and need to
be repla ced .
Additionai capital projects include rebuilding the 16" West Un ion Avenue water transmission main,
rebuilding the 18 " wate r transm ission main in front of Swedish Medical Cen ter from Lincoln to
Cla rkson Streets and providing surface preparation and painting of the Zuni and Sherman elevated
storage tank s. 300' of th e 30 " Mclellan tunnel pipe will also be repainted as part of this painting
project.
The anached report and cash 60\, sho\\ that recommended iocreases in re-. enues ad.,quatel1 fu nd • the opera tion and maintenance of the S\ stem as well as the capital requirements of tile s1•s1 em while providing requ ired bond co, erage and maintaining adequate reserves. FINANCIAL IMPA CT It 1s recommended that rate Increases of 7% be made effecti, e January 1, 2009, ~O l O and 6% in
2011.
UST OF ATTACHMENTS
Water Utility Revenue Report
Allen Pl ant Personne l Staffing Level
Dlstribudon/Collection System Personnel Staffing Level
Water Administration Personnel Staffing Level
Water Department Capital Projects List and Juslification 2009-2(, 13
2004 Debt Service Memo
Cash Aow Model for 2009
Treated Water Cha rges
Articles regarding Water Rate Increases
Proposed Resolution •
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WA T ER UT ILITY REVENUE REPORT The Englewood Water Utility docs not operntc to make a profit TI1crefore, customer..
are only charged what is necessary to meet operating and capital ~"sis of the utility. The
u11lil)' only pro\'ides basi c water service and does not generally sponsor projeetS which
arc not immediately necessary to providing basic sen•icc. The service provided has been
one of the best in the front range area. There have been no mandatory water restrictions
and no penalty surcharges during periods of droug)JL
Englewood's source water, however, is one of the most difficult to treat; and its treatment
process, which utilizes activated carbon filtration, is one of the most advanced in the
state . When flows from Chatfield Reservoir arc shut off, the source water is a combina-
tion of upstream sewerage plant discharge and contaminated urban runoff.
At these times it is also high in hardness and manganese which arc difficult to dea l with.
Even under these c,rcumstanccs, Englewood 's water rates are currently one of the lowest
in the metro area. If Englewood did not have long-tenn contracts to lease its excess wa-
ter to Highlands Ranch, however, the water rates would be approximately 30% higher .
This repon presents the results of an analysis which derennines the revenue increases
necessary to operate the system and to construct necessary capi tal :mprovements for the
next five years. The proposed major capi tal projects for the next three to live years in-
clude rebuilding the All en Plant roof, modifying the overhead storage resen•oirs piping
system and replacing some major transmission mains in the distnbulion system. Addi-
tionally an ultraviole1 disinfection system must be installed al the Allen Plant by the end
of 2013 to meet new regulations governing cyst removal .
The a11ached cash flow model shows the need for revenue increases of 7% for 2009 and
2010 and revenue increases of 6% for 2011, 2012, 2013 and 2014 . These increases main-
tain revenues that are 110% more than debt service after paying operation and mainte-
nance expenses. The re,·enues must also maintain a debt service rcsen•e. Should the
coverage requirements not be met, an independent rate analyst must determine the in-
creases in revenues needed to meet the coverage r~quircment in the followi ng year.
The cash Dow model assumes inllationary increases of 6o/o per year for operation and
maintenance expenses. 171c 2009 operation and maintenance expenses, however, ~re
only I¾ above actual expenses for 2007 . This is primarily due 10 the completion of ex-
pensive water rights litigation which ended in 2008.
II should be noted that there: .. very liltl e effect on revenues required if the capital pro-
jc, rs arc not built . If not constructed, a 6% increase would be required in 2009 and 2010
instead of1he 7% increases shown for lhose years . The small difference is due 10 the use of bonds 10 spread 1he cos1s over 20 years. Thi s results in a small increase in re\'enues lo co,•er the deb1 service. ll shou ld be noted 1hat an inn~tion rale of 4% per year instead of 6% per year has a minor impact on lhe revenues required. An increase of 5% would be needed in 2011 and 2012 and increases of3% would be needed in 201 3 and 2014.
It appears lhal increases in 2009, 2010 and 2011 could be passed allowing construction of
all projects except the Allen Plant roof and the ullraviolet disinfection system . 11 would
be prudent 10 wait until 2011 to determine future costs for those projec:s after the resuhs
of pilol tests arc complelcd and more accurate assessments of the COSIS can be made. ll
should be noted that adjustments could be made in 2010 or 201 1 if the actual numbers are
significantly different than those assumed in the cash now.
If a three-year program is approved bonds can be issued for all projects except the roof
repair and the ul1raviolet disinfection. Bonds for tha1 project could be issued in 201 I or
2012 when costs estimates will be more accurate.
II should be noted that the Water Utility can issue general obligation bonds based on a
vote which passed November 4, 1999. While the City pledges its full faith and credit if
the bonds an: issued, ii is 001 expected that any source other than revenues of the Water
Fund would be used for repayment.
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ALLEN PLANT PERSONNEL STAFFING LEVEL
TI1erc ore 15 full time ind ividu~ls at the Allen Plant. During the summer a seasonal em-
ployee is hired to cul weeds and assist the water resource technicians. Three of the four
night shifis have only one plant operator on du1y. Increased security upgrades are being
implemented and presmtly we plan 10 conli.JJue with 1he current night shifi schedu les
In the next lh·e years approximately five sen:or employees will be retiring from the Al len
Plant , The Allen Plant is commined to an apprentice operator training program in order
10 have operators progress through the State Ceni fication Program and be fully trained to
succeed the current or ~alionnl sta ff. New regulatory rcquiremems may dictate increased
analytical testing which will increase laboratory testing expenses. Overtime and standby
expenses increase as employee'!, s~li.ries increas~ and existing stair accumulate more
lea\'C .
At the present time, we don't forecast !he need for additional staff. but when the new Ul-
tra-Vio let disinfection system is installed by 2013 an additior,nl operator may be needed.
Currently the operators double: as maintenance pcrsoMel, lab 1ech, sample takers. waler
righ rs accountants and equipment techs. This reduces the overall personnel requirements
of !he faci lity .
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DI TRIB TIO 1/CO LL EC TIO . SY TE 1 PER O EL TAFF G LEVEL
The Dis1ribution/Collec11on System di\-isions have a total ofthineen employees including
one supeniso r who also manages repairs and cleaning of the stormwater system .
The Water Distribution crew is defined by the number of personnel required to repair a
water main break• si., if the CXC3\"alion is shallow, seven if shoring is required . One em-
ployee is a locate specialist who locates water main, sewer mains and stormwalcr lines .
Locate calls are averaging nearly 1200 per year. The crew is also responsible for installn-
tlon of new mains, service line rcplaceml'tlts , mete r pit installations , hydrant mainte•
nancc, flushing and valve main tenance.
The collection crew has four employee s which are resp onsib le for cleaning all sewer
mains each year and manhole repairs, as needed . Two of these employees also maintain
the stonnwatcr system as needed which includes cleaning the mains and inlets .
All staffis cross-trained and is capable of working in both divi sions when needed . tote
requirements mandate all stall members lo be cenified operators of 1he distribution and
collectio n sys tem s.
Ovenlme 1s paid when main breaks occur, sewer backups or maintenance in high-traffic
areas is needed Because all the staff is cross-trained in both divisions, less staff is re-
quired in either division .
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WATER ADMINI STRATION PERSONNEL STAFFING LE V EL
Of the founeen employees in the Utilities Depanment Administrative Division, 6.1
FTE"s (full lime equivalents) arc paid for with Water Enterprise funds. The rest are paid
for primarily by the Sewer Entcrprise Fund. In the last few years, and since the advent of
CIS Infinity (the billing and customer information system), adjustments ha,•c been made
lo the funding of some positions lo more accurately charge the Water fund for employee
time spent working on its issues. No new positions have been added .
The number of Water Fund positions has remained constant even through the number of
metered water accounts has increased since 1987 from about 2,800 10 approximately
8,300 in 2008. ln 1988 Waler Department employees obtained 9,920 water meler reart-
ings, In 2007 33,275 me1er readings were taken. Water accounts now total about I 0,800.
Water fund employees arc responsible for meter rCllding, meter maintenance, conversion
of meters 10 and operation of the Itron radio frequency meter reading system, the back-
flow prevention program, answering customer service calls, taking final meter reacting,
delinquent &ecounts collection field nc 1ivi1ics, responding 10 emergency calls and sharing
in tbc operation ofCIS Infinity.
Over the years, the division's program$ have been sized 10 fit stalling levels while still
maintaining maximum efficiency, tlowcver, these staff levels do not allow the estab-
li shment of other programs that would increase efficiency. As examples, a consisten t and
meaningful meter testing program is not practicab le, and some of the features ofCIS In-
finity are not fully utilized .
Staffing levels in the Administration division provide for the efficient operation of the
necessary programs in their current configuration. To reduce stafT levels would jcopard-
i1e the efficiency and effectiveness of our programs .
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2009
Major
Major
Major
Major
Major
• 2010
Major
Major
Major
2011
Major
Major
Major
Major
201 1
Major
Major
20 13
Major • Major
WATER DEPARTMENT CAPITAL PROJECTS 2009-2013
Bank stabilization/piping City Ditch
3 11Ullion gallon tanks piping valving in lieu of
$2.S million for 6 mg roof replacement
Sherman Tanlc & Zuni TanJc repairs
Finish remainder of Union Ave. I 6" main
Distribution systtrn main replacement
City Ditch piping
IS" water main lining at Swedish & Old Hampden
Dismbution main replacemenl
City Ditch piping
Uhnviolet Disinfection
New roof at the Allen Filtration Plant
Distribution system main replacement
City Ditch piping
Distnbution system main replacem~ut
City ditch pipmg
Distribution system main replacement
SI00,000
$500,000
$200,000
SS00,000
SIS0,000
$100,000
$500,000
$150,000
SI00,000
$3,500,000
SS00,000
$150,000
SI00,000
SIS0,000
$100,000
$150,000
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1601-6 1261 CAPITAL PROJE CTS JUSTI FICA TlON 2009
Several locations along City Ditch arc experiencing bank erosion that will cause propeny
damage if not stabilized. The locations are:
I. 41 00 block ofS. H:u-on St
2. 4800 Block of S. Lipan St.
3. City Ditch bank near St. ~fory'~ School in Linle1on
Estimated total cos1 • $100,000
1603-6125 1
The ex isling piping and valving at lhe 2 ca. 3 million gallon tanks need 10 be mod ified in
order to provide adequate pumping hydraulics and allow them 10 be isolated for mainte-
nance and repairs . This will enable the department to post::,one replacing the 6 million
gallon storage tank r-,ofthal is in failure und wou ld cost $2.5 million lo replace.
Estimated total costs • S500,000
1603-6 1251
The 500,000 gallon Zuni El evated Storage Tanlc and the 200,000 Shennan Elevated Stor-
age Tunk need piinting and surface preparation. The Zuni Tank needs the interior re-
habbed and painted with some minor exterior pamting. The She1man Tank needs Lhe ex-
terior painted. Also needed is the 300' 30" Mclellan lunnel pipe repainted .
Estimated to tal cost -$250,000
1604-61 262
Finish remainder of 16" W. Union Ave. water transmission main lining. ~bin will be
relined from S. Plate River to S. Federal Blvd. This key transmission main which pro-
vi des water to the soulhwest area has had numerous wi,tcr leaks and must be lined due to
the high volume of traffic c111 W. Union Ave. and the insufliciem area to install a new main. Estimate total costs -$500.000 1604--01262
Rep lace 4" unlined cast iron water mains that have leaks or have become plugged with
cuburculates causing flow resuictions. Locacions of the replacements arc detennmcd by
main break records, quality complain1s1 fi re flow infonnatioo and feld investigations.
Estimated annual coses -approximately SI 50,000
l601-fl~62
CAPITAL PRO~ECTS
JUSTtFICA TION
2010
Ongoing piping of City Ditch -identified location is the 58" corrugated pipe that crosses
beneath W. Bell eview . A liner will be installed and new headwalls constructed .
f •imatcd 'Jtal cost -SI 00,000
!604-6 1262
The 18" steel water main in Old Hampden near Swedish Hospital bas corrosion and
needs to be relined. Again, lack of construction area nccessi 101es the main bu relined
rather than replaced .
Estimated cost -$500,000
1604-61262
The ongoing 4" water main replacement program wiU continue as invcsligalions dictate,
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J 60J-61l6l
CAPITAL PROJECTS JUST IFI CATlO N
2011
Ong11ing City Ditch piping proJects as detcnnined by field investigations.
Estimated totol cost • SI 00,000
1603-6116l
Ulua-Vioict Disinfection 3l the Allen Filter Plant will begin with the design and con-
struction 1equired to be completed by 2013. This is an EPA requirement for our water
treatment plant to protect cu~tomers from cryptosporidium and viruses that arc not disin-
fected by normal chlorine and disinfection methods .
Estimated total c•1St • SJ.500,000
1603-612 51
The 30-year old Allen Filler Plant roof n,·cds 10 be rcpl~:ed. The existing tar/rock roof
has had 11s life cxpcctaney exccedCjl :>.'!d r,:pairs arc no longer adequate.
Es1imatcd 10101 cost • $500,000
1604-61262
Ongoing water distnbution main replacements
Estimated total cosl • SI 50,000
1601 -61262
CAPITA L PROJ ECTS J USTIFICATIO N 2012
Ongoing City Ditch piping and r,epair projects.
Estimated 10101 cost• Sl00,000
1604-61262
Ongoing water distribution main replac,menls.
Estimated total cost • Sl 50,000
1601-61262
CAPlTAL PROJECTS
JUSTIFICATION
2013
Ongoing city ditch piping and lining.
Estimated total cost• SI 00,000
1604-61262
Water distnl>ution main replacement program will continue.
Estimated total cost -S 150,000
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Memorandum CilyolEn_gJewood Department of Finance mul Administrative Scl'llices To: Mayor Garren and City Council ~~
From: Frank Gryglev~cz. OirE>ctor of Finance and Adminis s
CC: Gary Sears, City Manager
Date: October 5. 2004
Re: Information Regarding the Water Fund General Obligation Bonds
On October 18, 2004 City Councn \MIi consider a l)jU for an ordinance aulhori2ing the
Issuance and sale of $3,075,000 of general oblig.illon bonds. The proceeds of these bonds
wal be used to pay fof various Water Fund capital projects. This Issue is being dooe in 2004
to take advantage of "bank qualification." Also. there is a posslbllily that Interest rates may
lnaease in the future.
The City of Englewood Charter requires a majority affrmative vote of the registered electors
to Issue general obligation debt (Alticle X, Part Ill, Sectlon 104~ On November 4, 1999, the
registered voters of the City of Englewood approved issuance of $15.1 million in :;i<ineral
obligation bonds for the purchase or C011Slruction of Water System Improvements and
equipment The Waler Fund did not use this authorization, as ~ utilized favorable borrOYling
opporturuties avaJlable through the Colorado Waler Resources and Power Development
A~lhonty. The authority to use this authorizalion Is still III effect.
The City pledges its iun faith and aedit" to repay these bonds, lnciuding raising property
taxes, but It IS not expected or foreseen that the any source other than the revenues of the
Water Fund w!I be required to make debt service payments.
The City Council wiU consider a water rate increase on October 18, 2004 that will insure the
Water Fund operations and maintenance as wen as debt service payments are covered by
user cha,ges.
I win be al the study session on October 11, 2004 If Council has queslions regarding this
Issue .
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properties of the System nor such property it""~s. including taxes and :uel, which are capitalized pursuant to the then existing accounting practice of the Governmental Agency. 'Generally Accepted Accounting i'rinciplt1s• shall mean accounting principles, methods and ~enninology followed and construed f or utilities and enterprises of governmental units, as established by the Goverrunental Accounting Standards Board, as amended from time to time.
(Sl Rate covenMt
The Governmental Agency shall establish and collect rates
and charges for the use or the sale of the products and services oi
the System, which together with other moneys available therefor
(exclusive of any unapprcpriated fund balances), are expected to
produce Revenues (as defined in paragraph (4) of this Exhibit A to
this Loan Agreement) for each calendar year which will be at least
sufficient for such calendar year to pay the sum o f:
(a) all amounts estimated to be required to pay
Operating Expenses (as defined in paragraph (4) of this Exhibit A
of this Loan Agreement) during such calendar year;
(b) a sum e a to 110\ of the debt service due on the
GoverllJllental Agency Bond for sue ca endar year an debt service
coming due during such calendar year on any indebtedness payable on
a parity with the lien or charge of this Loan Agreement on the
Pledged Property, in each case computed as of the beginning of such calendar year;
(c) the amount, if any, to be paid during such calendar year into any debt service reserve account;
(d ) a su.~ equal to the debt servi eon any subordinated
debt f or such calendar year computed as of cbe beginning of such calendar year; and
(e) amounts necessary to pay and discharge all charges
a.,d liens peyable out of the Revenues during such calendar year.
Notwithstanding anything contained above, amounts
deposited in a rate stabilization account shall not be deemed
Revenues (as defined in paragraph (4) of this Exhibit A to this
Loan Agreement) in the calendar year deposited and amounts
withdrawn from the rate stabilization account shall be deemed
Revenues (as defined in paragraph (4) of this Exhibit A to this
Loan Agreement) in the year withdrawn .
( 9 J No other obligations of the Governmental Agency (1 ) are reasonably expected to be paid out cf substantially the same source of funds (or will have substantially the same claim to be paid out of substantially the same source of funds ) as will be used to PdY the Loans; and (2 ) are being sold at substantially the same time as the Loans (~, less than 15 days apart); and 13 ) were sold pursuant tot.he same plan of financing with the Loan. '··
(10) The Governmental Agenc,, has neither
received notice that its certifi.:ations as to
expectations may not be relied upon wi•:h respect to its
obligations nor has it been advised that any adverse
action by the Commissioner of the Internal Revenue is contemplated.
(11) To the best of the knowledge and b elief of
the undersignea officer of the Governmental Agency, the
facts and estimates set forth in this subsection of the
Loan Agreement on which the Governmental Agency"s
expectations es to the application of the proceeds of the
Authority .Bonds loaned to the Governmental Agency are
based, are reasonable.
(12) None of the proceeds of the Authority
Bonds loaned to the Governmental Agency will be invested
in investments having a substantially guaranteed yield of
four years or more.
(f) Operation and Maintenance of the System
The Government.al Agency ccvenants and agrees that it
shall , in accordance with prudent wa•;er utility practice, (i ) at
all times operate the properties of the System and any business in
connection therewith in an efficient manner , (ii ) maintain the
System in good repair, working order and operating condition, (iii )
from time to time make all necessary and proper repairs, renewals,
replacements, additions, betterments and improvements with respect
to the System so that at all times the business carried on in
connection therewith shall be properly and advantageously
conducted; provided, however. this covenant shall not be cont.trued
as requiring the Governmental Agency to expend any funds whic:h are
derived from sources other than the operation of the System or
other receipts of the System which are not pi ~ged Property, and
provided further that nothing herein shel l be construed as
preventing the City or Governmental Agency from doing so.
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or may be in a separate segreg111ed fund and shall be maintained as a continuing reserve for paymCDt of any lawful purpose relating to the System. If the operations and maintenance reserves fall below this requirement, the shortfall sha1\ be made up in 24 substantially equal monthly in.stallments beginning the second month after such sbonfal1 or the date of delivery. Rate Study. In the evCDt that Revenues collected during a fiscal year are not sufficient to
meet the requirements set forth in the Raxe COVCIIBl)l contained in paragraph S. of Exhioit A of
this Loan A&rmJJQ!l me Governmental Agency shall wjtbjn 90 days of the cpd of such fiscal ~t...w of accountants or consulting engineers, to prepare a rat~ study
fo r the purpose of recommending a schedule of rates, fees lllld charges for the use of the System
which in the opinion of the firJL conducting the study will be sufficient to provide Revenues to
be collected in the next succeeding fiscal year which will provide compliance with the Rate
Covenant descnocd in paragraph 5. of Exhibit A of this Loan Agr~c;ip_c.n_t Such a study shall be
delivered to the Authority and the Trustee. The Governmental Agency shall within six months
of receipt of such study. adopt rates, fees mid cl!arges for the use of the System, based upon the
recommendations contained in such study, which provide compliance with said rate covenanL
Sp ecial Fund. The Governmental Agency covenants to =te a special fund into which
shall be deposited the Gross Revenue (as deuned in paragraph 4. of Exhibit A to Ibis Lom
Agreement). The Revenues shall be applied, on or before the last day of.each month, first to the
payment of the Operating Expenses (as defin.ed in paragraph 4. of Exhi'bit A to this Loan
Agreement) and then applied to the paymCDt of the Loan Repayments and other amounts payable
ou a parity with the Loan Repayments. A::!y further applicatioo shall be as provided by
ordinance or resolution of the GoveromCDtal Agen;;y.
Rate SubiliZlldou AccoUDt. The Govcn:ment.al Agency covenants to create and
maintain a Rate Stabilization Account, which shall be annually replenished to maintain a
minimum balance of $5,000,000 as long as the Governmental Agency is relying upon the Rate
Stabilization Account to meet the rate covenant contained in paragraph 5. of Exhibit A of this
Loan Agreement
◄!42◄650.1 F-2
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This Sheet Demonstrates The Effect of
New Rate Increases On Full Contingency. WATER FUND
• Treated Water C harges Year O\'e rall Rat e lncr,ease in Total Sin gle Adjus tment Single Family Family Quarterly
Quarterly Bill Bill
2008 $71.40
2009 7 ¾ $4.SI $76.40
2010 7¾ $4.82 $81.75
2011 7% SS.16 $87.47
2012 7% S0.00 S87.4 7
Based on an nvernge quanerl)' usnge of24,000 gallons .
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Aurom Sentinel Online Council poised 10 su 1,por1 increased wmcr rale s1ruc1urc 1'1111 a 0 111:11 THE VOICE OF
Monoly. October 13 200I
Council poised to support In c reased water r ate structur e
By 811ndon Johan sson
The Aurora Sentinel
-.-•) 2000
Page I of I
Aurora I Proposed waler rate increases of 8 percent next year and 7.5 percent the fo"owlng year received mitial support
form city council on Monday night, Oct. 13.
Council backed lhe proposals , which wculd ral$8 monlhly water bill s for the average home S5.53 In 2009 and anolher
$5 ,◄◄ In 2010, and Is expected to form ally vote on !hem next week.
Councilman l':lob FittGerald, the chair of counclr1 Waler Pol ey C-Ommlttee, said !he r11e lnetettei make sense,
especla"y In light of lhe incteases In olher municipalities • such as Colorado Springs • lhal ere more than four times
higher
'We lhlnk we were very reasonable wilh 1r1 8-percenl increase next year and a 7 5-percent inctease the following year:
FltzGenold said
StaN from lhe city's waler department recommended nile hil<es of 9 percenl next year and 8 percent the loUow;ng year,
but lhe waler policy commltlee asked that those be cut to 8 percent and 7.5 percent
Some c:ouncimembers lnibally balked at lhe lower rates and said !hey would like to go With lhe higher rates In hopes !hat
tt would allow the c,ry 10 stan work on lhe Rampan water project immedla1ely
But officials wllh the city 's water departmen1 &aid that even with the Increased rates they are deferring the project until
2011 , a mov~ they say will save money and help kee p the city's credit rating high
The lncteases expected lo be approved by council next week also Include a 9-percent Increase in the wal er tap f~e for
new lines In 2009, as well as Aurora Water, proposed sewer rate increase of 7 1)6roent and a Slorm drain rate Increase
of S percent for next year
OfflClllls from Aurora Waler have pointed to lhe P<C?O•~ ~,creases as a way to matn11,n lhe department's bona rating,
1tallng !hat even a minrnal Increase In the 2009 bonds' interest rates could translate Into millon1 of dollars In added debt
over 30 years
The SUVQesled Increases also come tn response to an esbmaled 3.5-percenl "1Crease In Aurora Waters operating costs
last year. a spoke that stems In p.,n from nslng costs., chemicals. p,pes, ~ts and other materials Aurora Water has
•~eady proposed a 3.5-percent cut In 111 budgeL a slash !hat would ehm.nate apeaflc costs and two fulHlme pcsruons.
• Sentinel reponer Ad•m Goldstein contnbuted 10 !his article
Relat ed Links
Content O 2008 Al.lll'Ot'I Sert!N!I
SofM'< O llN-~U 1upl Sc:.nv.ar• MF' ')ttt RIMIVN
hnp://auror:i..<entinel.com/prim.asp? Article! D~ 2075 7&Section l D~8&SubSec1ionl 1)=8
• RESOLUTION NO.
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SERIES OF 1008 A RESOLUTION ESTABLISHING FEE SCHEDULES FOR WATER SERVICE FOR THE CUSTOMERS OF nm CITY OF ENGLEWOOD, COLORADO. WHEREAS, 1he Englewood ll omc Ruic Cha ner, Section 123, requires Ci1y Counci l 10 sci water rates b> Resoluti on; and
WHEREAS, "ith 1he passage of Resolution No . 93. Series of 2004 the Englewood City
Counci.1 established fee schedules for Water Sm'iee for customers of the Ctty of Englewood; and
WHEREAS. the increases arc necessary in order to adequately fund the operation and
maintenance of the S}'Stern as well as the ~ital requirements of the S)'Stern while providing
rcqutrcd bond eo,·erage and nuintaining adequate reserves: and
WHEREAS, the Water and Sewer Bo.vd recommended the proposed rate increases at their
October 14. 2008 meeting.
NOW. THEREFORE, BE IT R~,SOLVED BY THE CITY COUNCIL OF THE ~ITV OF
ENGLEWOOD, THAT:
~-The current water rates and fees established by Resolution No . 93, Scncs of 2004,
shall be subject to cumulative increases for the next three-year-period (2009 -2011) .
~-Water rates and fees for the City of Englewood shall be subjce1 to cumulative
mcn:ascs for the next three-year-period (2009-2011 ). as follO\\'S:
On January I. 2ro9. the current ""Iler rates and fees shall be incrc:1St.-d by '79,
On January I, 2010, the "ntcr 1111es Md fees e.usting on and aner January I, 2009 shall
be increased by 7~,.
On January I, 2011, the water rotes and fees existing on anJ oner Janu,,,;• I, 20 IO shall
be increased by 6%.
ADOPTED A.\/0 APPROVED th,s 3•• day of November, 2008.
ATTEST:
James K. Woodward. Mayor
I oucrishia A. Ellis, City Clerk
I, Loucnsh1• A. Ellis, Cuy Clerk for the Cny or Englewood, Colorado. hereby cen,ry the abo,e 1s a we copy of Rcsoluuon No. __ . Series of 2008. Loucrishia A. Ellis. City Cieri: •
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COUNCIL COMMUNICATION Date: No, ember 3, 2008 l Agenda llem: 11 C iil I Subject: Resolution establishing fee for Concrete Utility Initiated By:
Department of Public Works I Staff Source:
Dave Hender.;on, Engineering/Capital Projects Administrator
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council apprO\ed Ordinance No. 36, Series of 1997, creating the Concrete Utility and Concrete
Utility Enterpris e Fund.
Council apprO\'ed Council Bill No. 73, Series of 2008, amending the "User Fee· section of the
Concrete Utility and Concre te Enterprise Fund.
RECOMMENDED ACTION
Staff recommends Council approval of a resolution establishing fees for the Concrete Utility .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTI FI ED
Property O\vners in the City of Englewood are req uired to maintain concrete ad1acent to their
property. The Concrete Utility was adopted In 1997 to create a funding mechanism to help O\,ners
with their responsibility in the repair of the City's aging concrete infras11ucture. Participation in the
program is, oluntaJy as O\Vners have tl1 e opti on to "opt-out" of the Concrete Utility and maintain
the concrete as required by Municipal Code Section 11•7• 18. Approximately 96% of the 11,290
eligible properties in the City participate. The City participa tes In the costs for intersection corners,
alley entrances, d rainage cross pans, concre te paveme nt and alleys, and Coty owned properties;
additionally. th e Coty pays 70% of the a,enue costs.
The Concrete Utility requires year round administration (billings, property realignments, concrete
inventory, tracking new concrete installations, phone response, opt-in and opt-out requests, title
company responses, and delinquenl accounts). Additionally, admin ist ration of th e annual
construction project fo r the Concrete Utility takes approximately 8 months from start to finish (initial
ratings of concrete wuh ptctures, con tract quantity detemlinaoon, bidding. construction
administration, inspections, con11ac1 close ou~ and citizen response during construction). Three
City employees, working for th e Concre te Ulihty, handle the ma1011ty oi these duties.
The Ctty's concrete lnfras1ructure consists of 7,315,000 squa re feet of concrete worth an estimated
cos t of $54,000,000. Fees for the Concrete Utility have not changed since the program's inception
in 1997. Tht existing fee, as established In 1997, is $0.078 (7.8 cents) per square foo t of concrete.
Each property pays based on the amount of conc rete adjacent to thei r property. Presently, a
property" Ith a 50 foot fron tage, consisting of curb/gutter and a 4' l\ide sidewalk. pa)'S 525.35 per
1ear It) pie ally billed quarterly with the water boll at S6.34 per quarter).
Total re, enues are appro~1ma1el1· S?00 000 ($4 21,000 from O\,ners and S 178,000 trom the Cil) 's Public lmpro, emen1 Fund). Concrele prices. along with the costs of adminis1enng the rrowam, ha1e escala1ed since 1997. The amounl of concre1e \\e are able 10 remove and replace, along '"th 1he ending fund balance, Is shO\, n below. ~ 2002 2003 2004
2005
2006
2007
2008 (estima1ed)
Square feel 84.000 72,000 60,000
59,000
62,000
44,000
51,000
End ing Fund Balance S706,000 S643,000 5533,000
S552,000
$461,000
$504,000
$325,000
The fund balance has been decreased to the minimum required in order 10 maintain adequa1e cash
ffow for 1he U1llily. Staff is proposing a 25% Increase for 2009 a nd anolher 25% increase for 2010.
This increase will allow the Concre te Uul lty 10 better address sub-standard conc rele inframuc ture.
FINANCIAL IMPA CT
A 25% fe e increase fo r 2009 would bring 1h e total es timated revenues 10 $750,000 ($527,500 from
owners and $222,500 from the City's Public Im provem e nt Fun d). The new rate, effective January I,
2009, would be S0.098 (9.8 cents) pe r square foo t of conc rete. A property O\vner wilh a iyplca l
pro perly wi th 50 foo l fro ntage, as detailed above, would pay SJ 1.85 pe r year, or $7.96 per quMter .
An additio nal 25% fee increase for 2010 would bri ng the to ta l es timated reven ues to $937,500
($659.375 from owners and $278,125 from 1he City's Public lmprovemenl Fund). The raie,
effective lanuary 1, 20 I 0, would be S0.123 ( 12.3 cents) per sq uare foo t of co;,crete. The lypical
property with 50 foot lron 1age \\OUld pay 539.81 per year. or S9.95 per quarter.
Funds for the Cily's share are prowammed in 1he Public lmp<O\ emenl Fund.
UST OF ATTAC HMENTS
Resolulion
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• RESOLUTION NO . SERIES OF 2008 A RESOLUTION ESTABLISHING FEE SCHEDULES FOR 11iE CITY OF ENGLEWOOD CONCRETE UTILITY. WHEREAS. the City of Englewood created the Co ncrete Utilily and the Concrete Utility Enterprise Fund by the passage of Ordinance No. 36. Series of 1997; and
WHEREAS, the passageofCowicil Bill No. 73, Series of2008 amended the "User Fee"
section of the Concrete Utility and Concrete Enterprise Fund establishing fw for the Concrete
Utility to be set by Resolution; and
\\IHEREAS, panicipation in the prop-am is volunlM)' as property OWllffl have the opuon to
"opt-outtt of the Concrete Utility and maintain the concrete as required by 11-7-18 EMC and
approximately 96% of the 11,290 eligible propenics in the City panicipete in the Concrete Uulity
Program; and
WHEREAS, fees for the Concrete Utility of S0.078 (7.8 cents) per square foot of concrete
have not changed since the program incqnion in 1997; and
WHEREAS, concrete prices, along with the costs to administer the Program have escalated
since 1997, the rate increase will allow the Concrete Utility to better address sub-standard
concrete infrastructure; and
• WHEREAS. the amount that each propa,y pays 1s based on the amount of concrete adjacent
to their propcny;
NOW, lrlER.EFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
~-The Englewood City Council hereby authorizes the Concrete Utility Program Fees
to be set at
S0 .098 (9.8 cents) per square foot effective January I, 2009
and
SO. 123 ( 12.3 cents) per square foot effective January I, 20 10.
ADOPTED AND APPROVED this 3rd day of November, 2008.
ATTEST:
James K. Woodward, Mayor
Loucrishin A. Ellis, City Clerk
I, Loucnsh,a A. Ellis, City Clerk for the Cny of Englewood, Colorado, hereby ccnify 1hc above is a true cop)' of Resolution No. __ • Series of2008. Loucrishia A. Ellis, Chy Clerk •
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