HomeMy WebLinkAbout2007-06-04 (Regular) Meeting Agenda Packet1.
2.
3 . Pledge of Allegiance.
4 . Roll Call.
AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
Monday, June 4, 2007
7:30 p.m.
Englewood Civic Center -Council Chambers
1 000 Englewood Parkway
Englewood, CO 80110
5. Consideration of Minutes of Pre vi ous Ses sio n. •
~ 1-0M;nutes from the Regula, Gty Coundl meeting of May 2 1, 2007.~
6. Re cog n ition of Sc heduled Public Comment. (Please limit your presentation to ten minutes.)
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7. Recog nition of Unscheduled Public Comm ent. (Plea se limit your presentation to five minutes.
Time for unscheduled publi c co mment ma y be limited to 45 minutes and if limited sh all be
con t in ued to Ge~'21 Di sc ussion.) uro~,.,.,, JJc~,, .i l!•r.,_ fl. . .::rA-U:--~/ [); ~ 1{) ~/) ,..,..U(UJ r,,:;,rvc..('A)tt:, ~
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8. Communications, Proclamations, and Appointments .
Letter from Stefanie MpJ!e11:r J~bmi.tti~ her re sig nation from the Englewood Planning and
Zoning Commission .~
Letter from Amy Lauge~n submitting her resignation from the Englewood Cultural Arts
Commission.~
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Engl ewood City Co un c il Ag P11cl a
Jun e 4, 2 00 7
Page 2
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9 . Co nsent A gend a It ems . 9 d_/) 9 /r / A-AJ/J f':!Jt0~£ 9e /
10.
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a. Approva l of Ordinances on Fir st Re.id in g.
i. Council Bill No. 38.-Re co mm endation from th e D ep ,1rtm ent o f S.i fety Servi ces t o
adop t a Bill for an Ordinance authorizing the ac c ep t;:i n ce of ;:i Vic tim Assi stan ce La w
Enfor ce ment Gra nt fo r 2007. STAFF SOURCE: Chris Olson, Director of Safety
Services.
b . Approval of Ordin an ce s on Sec o nd Re;i cling .
Co un ci l Bill No. 3 7, del e tin g Titl e 6, C h a pter 1, Section 8, Smoking, as State
Statut es h ave been e na c t ed th at supersede current C ode provisions.
c. Re so lutions and M o tions.
i. commendation from the D ep artm e nt o f Publi c W orks t o approve, by M o tion, the
ward of a contrac t with CRW Ro ofi n g Company for re p a irs to th e Se rvic en ter ro of.
Staff r ec o mm ends awardi n g th e b id to the l owes t ac ceptable bidd er, CRW Roofing
C o mpany , in th e amount o f $63,35 7. STAFF SOURCE : Rick Kahm , Director of
ublic Works, and Jim Kavinsky, 011erations Manager.
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,1. Publi c H e,1rin g t o ga th er in p ut o n C o un ci l 13ill N o. 35, approv ing th e proposea ~ ~
a rn endm '111 to Titl e 16, Ch a pte r n, Sec ti o n 13 .E.1 7 o f th e Engl ewoo d Mu ni cipa l Cod e,
,dl m-v ing C it y ,1ppro v e d distri cts l o in stall b an n e rs o n So uth Bro,1dv,,ay str ee tl igh ts. o,d;n:~:::;.:::,:~ OfJfd '1-0<ft pttt~
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App~O rdin a nce s o n Fir st Readin g.
Approva l o f O rdin an ces o n Seco nd Rea din g.
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1. Counc il Hill No. ~-In , .1uth ori1.i 11 g an lntergovem 111e nt , I ,rc1 nt A g re e m ent b tv1een
Art1 p ,1 h ol' Co unty .1n d tht ' Ci ty nf Fng l 'Wo o d fo r th e p u rpos, o f p ur ·ba sing th ,
O xb ow p ro p e r! in I ittl<'t o n .11 1d Fn glt>woo d for o pt •11 '>p,1,e, rt' ·r 0.1 ti o n , wi lclli ft •
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Jdo pt a re o luti o n auth o ri z in g il Suppl '11Wn tal Ap propri.1 tio n 110111 tl w Pu hlil
{), 1 (Cl lm p ro em nt Fund a nd th pl'n Sp,1 , rlmd . TAf ~O U~CE : F~,m~ Gryg l •wi cz, PJ '1'7 Dir ector of Fin a n ·c and Admini trat iv . t.•rvkl· . !JI ~
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Englewood City Council Agenda
June 4, 2007
Page 3
ii. Recommendation from the Department of Public Works to approve, b);'. Motion,
awarding a contract with Thoutt Brothers Concrete Contractors, Inc. for construction
of Concrete Utility 2007 and Concrete Program 2007. Staff recommends awarding
the contract to the lowest acceptable bidder, Thoutt Brothers Concrete Contractors,
in the am~ r }!~6780. STAFF SOURCE: Rick Kahm, Director of Public
Works. V~
12. General Discussion .
a. Mayor's Choice.
b. Council Members' Choice.
13. City Manager's Report.
14. City Attorney's Report.
15. Adjournment. <{; ()'7 ~
The following minutes were transmitted to City Council in May 2007 :
• Code Enforcement Advisory Committee meeting of April 18, 2007.
• Cultural Arts Commission meeting of April 4, 2007.
• NonEmergency Employees Retirement Board meetings of November 14, 2006, February 13 ,
and March 13 , 2007.
• Parks and Recreation Department meeting of April 12, 2007
• Planning and Zoning Commission meetings of April 1 7 and May 8, 2 007.
• Publi c Library Board meeting of April 10, 2007.
• Transportation Advisory Committee meeting of April 12, 2007.
• Urban Renewal Authority meeting of April 11, 2007.
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PUBLIC COMMENT ROSTER
AGENDA ITEM 7
UNSCHEDULED PUBLIC COMMENT
DATE: June 4, 2007
PLEASE LIMIT YOUR PRESENTATION TO FIVE MINUTES
PLEASE PRINT
NAME ADDRESS TOPIC
1 . Call to Order
ENGLEWOOD CITY COUNCIL
ENGLEWOOD,ARAPAHOECOUNTY,COLORADO
Regular Session
May 21, 2007
The regular meeting of the Englewood City Council was called to order by Mayor Wolosyn at 7:30 p.m .
2. Invocation
The invocation was given by Council Member Barrentine .
3 . Pledge of Allegiance
The Pledge of Allegiance was led by Mayor Wolosyn .
4. Roll Call
Present:
Absent:
Council Members Tomasso, Moore, Barrentine, Oakley, Mccaslin,
Woodward, Wolosyn
None
A quorum was present.
Also present: City Manager Sears
City Attorney Brotzman
Deputy City Manager Flaherty
City Clerk Ellis
Deputy City Clerk Bush
Director Olson, Safety Services
Director Long , Library
Director Ingle, Information Technology
Director Gryglewicz , Finance and Administrative Services
Economic Development Coordinator Hollingsworth, Community Development
Senior Planner Graham, Community Development
Manager Stitt , Commun ity Development
Exec utive Assis tant Fento n, Co mmunity Development
Senior Planner Langon, Communi ty Development
Police Commander Watson , Safety Services
5 . Consideration of Minutes of Prev ious Session
(a) COUNCIL MEMBER TOMASSO MOVED , AND IT WAS SECONDED , TO APPROVE THE
MINUTES OF THE REGULAR CITY COUNCIL MEETING OF MAY 7 , 2007 , AS CORRECTED ON PAGE 32 ,
SECOND PARAGRAPH , LINE 12 " ... ONE WAS LEADING ON A LEASH ", SHOULD READ " ... ONE WAS
LED AWAY ON A LEASH".
Mayor Wolosyn asked if there was any discuss ion . There was none .
Vot resu lts :
M t1on c m d
Ayes · Counc il Members Barrentine , Mccaslin . Moore , Wolosyn , Woodward ,
Tomas o , Oakley
Na y . Non
Englewood City Council
May 21, 2007
Page2
6. Recognition of Scheduled Public Comment
(a) Kirsten Litchfield and Krista Niederjohn were present to address Council, with a PowerPoint
presentation .
Kirsten said as most of you all know, we did go to the National League of Cities Conference in Washington
D.C., with a lot of the City Council members . They asked us to come here and present what we learned and
share our experience. Krista said we were really , really excited when we got there . But we kind of got lost
until we found this really nice city councilman from Wyoming . He showed us how to get to the hotel. He
dropped us off there until we met up with Jim and the rest of them . But the City is really amazing and the
Metro there is really cool and you can get pretty much anywhere . One of the places we went to was the youth
conference . We met other youth delegates from all over the country and learned about how their youth
councils are run. One group from Casper, Wyoming spoke with us . They spoke about how they became more
involved in their community and their state. Kirsten said they talked about how they helped pass a bill that
allowed youth, ages 16 to 18, to serve as election judges in their state. An election judge is an official of
polling who works on-site and helps with the registration . And they explained to us how they went about doing
it. How they researched it first. And then they also researched bills from other states . They kind of molded
it. .. a couple of them together, to fit their own State of Wyoming and then they found the legislative sponsor
and took their bill and lobbied it and they finally got it passed, which is really cool that a youth group could do
that for people in their state . Krista said next was the general sessions that we went to. All of the delegates
attended these sessions and we had the opportunity to hear several speakers . All of them were from the
Democratic Party. They invited everyone to come, but only the Democrats responded , which says a lot. And
a bunch of people spoke who are nominated for the Democratic election in 2008. Kirsten said Hillary Clinton
was one speaker. She was amazing and we learned so much from her. She was really inspiring. She spoke
about Pre-Kand post secondary education, the Iraqi war , healthcare and finances . The next one was
Christopher Dodd, the Connecticut senator, and his main topics were Homeland Security and crime
prevention . And the next was Joe Biden , the Delaware senator and his was finances , renewable energy , drug
control and the plan for withdrawal out of Iraq . Krista said in our spare time ... that we had away from all of
these sessions that we were attending, we went and saw a lot of the monuments and historical parts of
Washington D .C ., which was really cool because I'm a history buff, so I was really excited about that. We
went to the Washington Monument, which is gi-normous and really cool. Kirsten said then we went to the
World War II Memorial and we took the picture of the Colorado one. We went to the Vietnam Memorial , which
was really cool, and also , the picture , right there , with the names on it and we found the name of one of our
teacher's brother who died in Vietnam and we're going to give him a picture of it. So it was really, kind of,
sobering to see that. Then we went to the Lincoln Memorial. Kr ista said this is nothing like the pictures . If
you've ever been there, it is huge and so inspiring just to be there and to look up at him . The facial
expressions ... the craftsmanship on it is just amazing and then it looks out from behind over the entire
Reflection Pool , and you can see the Washington Memorial in the background and the capital. It is just
amazing . Senator Wayne Allard was one of the first people we heard speak . His main points were reversed
mortgages , transportation, reducing the deficit and the GOB budget. He said he doesn't want any more
money taken from Colorado than was already taken . He said that our goals and objectives are not really being
met when it comes to the budget. Money isn't measured or managed well . He said that he was really
stressing upon how we can really improve that. Also, he was talking about identity theft . He said the SS
Administration needs to work with the Homeland Security if the ID is being used in several places at once in
the country . So he was really talking about trying to reduce identity theft with , not only the citizenry of
Colorado , but the country. Kirsten said we got to meet our Senators at a breakfast one morning and it was
re ally cool to hear what they were doing to help improve things with in Colorado . And Senator Ken Salazar
was very intere:.;:i ng ... he was really cool to meet in person . And he talked about the Iraq i war and how he
w ants to he lp stabilize the nation and bring the soldiers home ... and also about immigration and to help lower
111 g I 1mm1 gra tio n w ith in the Un ited States or Colorado and about our transportat ion and Fas Tracks systems
nd wat r con rva t ion . He was saying that Colorado gets fewe r dollars pe r cap ita than most other states do .
And h w I o t lk in g about how the Nat iona l Democrat ic Convent ion 1s goin g to be held in Denve r this
r , 200 H lly xc1 ted a bo ut that. A nd al o he talk ed abo ut ren w able energ y and ho w w n d
nd out h lthc r . K1r t n 1d Hous R pr ntat1v Dian DeGett e wa so
Ju t v ry w II po n nd om on th t w could r lly loo up to , to
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Englewood City Council
May 21, 2007
Pagel
how much she 's doing for the State . Kr ista said she was by far one of our favorites . She was so friendly and
she seemed like she really wanted to help what was going on . She didn't speak the political double talk with
us . She just gave us straight answers and told us this is what's happening and this is what I'm going to do
about it. It was really amazing. Kirsten said one of the exciting things that we were talking about is she said
that she would actually be very willing to come to Englewood High School in the Fall of 2007 and speak with
us ... the entire school. The entire school could go into the auditorium and she would just speak with us and
come meet us, which is really, really exciting, that she would take time out of her really busy schedule and
come see us. And then , actually, she let us ask whatever questions we wanted to, to her, and she tried to
answer them for us as best she could . And she talked a lot about immigration and how she has an idea where
we could set up a program where immigrants could obtain a green card, and work in the United States
temporarily and then return to their country after a set amount of time, which she thinks would help cut down a
lot on illegal immigration . Krista said that along with the green card , she said that the answer isn't just to ban
them from our working environment , because we need them to work a lot of the jobs that they are working .
And so she's trying to figure out a different program to help keep them working in our environment, but just
kind of manage illegal immigration ... help them learn English and develop better relationships with Mexico and
Central America with the U.S. Another thing was education . She wanted to talk about more loans and grants
for colleges . That was one of our major concerns as we are heading off to college here in a year and we know
that Colorado is one of the most expensive places for college tuition in the country. We are just kind of worried
that that's going to inhibit a lot of people from wanting to come to Colorado for college . And so she wanted to
reduce the interest on student loans. Like I said, Colorado is the 481
h state in the country for the amount spent
on higher education . Kirsten said we went to the Spy Museum and that was amazing . We got to go around
and you got to get little identities and they asked you questions along the way and you had to know everything
about your person and you had to pretty much convince them that you were that person . And then you
learned all about the different gadgets . I actually learned how to pick a lock there . And the Air and Space
Museum , and Krista , I'll let you talk about that al ittle bit. Krista sa id we were really rushed that day so we
d idn 't really get to stay there that long , but what we saw was pretty cool. We saw the Sp ir it of St. Louis . We
saw different airplane kind of th ings that were from a long time ago and also some stuff on NASA. At the Air
and Space Museum they actually had a temporary exhibit from the Natural Museum of History. That's actually
where we spent most of our time , at the Air and Space Museum . It was really cool because they had all these
original things, like the top hat that Lincoln was assassinated in , and Dorothy's original ruby slippers from The
W izard of O z, and the orig inal R202 and C3PO from Star Wars ... just things like that and it was really cool.
Kirsten said the Capital was probably one of the coolest things that we went to and well , the picture w ith the
astronaut is one of the Colorado statues tha t we have and we learned that each state gets to have two statues
w ithi n the Cap ita l. Kr ista said that we are the on ly one w ith color, by the way . Kirste n sa id yes , we are the
on ly o ne w ith a statue of color . A nd th e dome is ove r th e re and on e of the ma in halls . And that's the Cap ita l
at about 5 :00 in the m orn ing wh e n we ha d to go to that breakfast. And the cen ter of th e City is w here the
squares are , so we're a ll standing in there and we took a picture of our feet, because that was rea ll y cool, and
then Abraham Lincoln's little square thing where he used to sit. Krista said that I guess we're going to add that
this was a really, really rewarding experience for us and we learned a lot. We would definitely recommend it to
people in the future . Kirsten said we also recommend that you continue doing this next year. It was a really
amazing experience and we learned so much and it was so inspiring to see just how our government works ,
because you live it everyday, but you don't really see the behind the scenes workings . It was really rewarding .
Krista said yes and also, when we got to do all of those youth sessions and stuff like that, you get to talk with
all of these kids from everywhere else in the country and you get pulled out of your own little bubble, of your
own little city, where you are and you are learning what all of these other kids are doing to help their states and
stuff like that. And also when we got to meet the Senators and the House Representative, it was very
re warding and very inspiring .
Mayor Wolosyn said thank you for a wonderful presentation and I would add that having you there with us , got
me out of my adult bubble when I saw the city in a different light and it was a great experience . So thank you .
Both girls responded thank you very much . Counc il Member Woodward said thank you .
Th re wa a round of applause .
M yorWoo yn 1d w II don .
Englewood City Council
May 21, 2007
Page4
(b) Keith White said tonight I'm not going to speak to you about who thinks what is and isn't art .
I'm not going to speak about what promotes ideas and who doesn't have neck muscles to look away . I want to
speak to you guys tonight about observation and gratitude . Recently we have seen articles in newscasts
about a wall , that two months ago was a pile of stacked cinder blocks with a coat of boring Navajo red paint
covering it. After a few creative applications of various colors, it has now been talked about coast to coast for
more reasons that just a sign code. The media is the result of the conflict. .. the result of conflict over
inconsistent codes that can easily be changed . Instead, can 't we have the media be the result of collaboration
and rejoicing? As progressive as Englewood is towards art, with its grass statue on Broadway and its free Art
bus throughout the City, it would embrace the way that we have come across that allows the community to
fight back against graffiti vandalism, in a positive and constructive way . I'm sure that you 've all been to the
wall. If you haven't, I suggest going. It is much better in person . You'll see colorful changes and scenery and
a wall that has not been vandalized by taggers for the past two months , because there is a new-found respect
for the art that now brightens up the neighborhood . We need to embrace this idea and change the ordinance
that allows the muralists to use the wall in creative ways that fit the artists' vision . I agree that there should be
limitations on size, but true art should not be cut short by the size restrictions or the content. Allow murals to
be an exception from the sign code . Mural by definition is a large picture, painted or fixed directly to a wall, or
ceiling . What do I consider murals? Murals can be the size of a small cat. .. to the entire building. A mural will
not include company names or logos on it , unless it is used for satire or okayed by the City, because it is a
sign. The mural company and/or artists are allowed to include their contact information on about a 20 inch by
20 inch stencil size information box. Signatures are excluded from that restriction . And Wayne, to answer
your question, what if an adult store decides to put up a mural? They'll have to be very careful about what
they put up and they may want to shy away from putting up images of objectified men or women on their wall
or suffer the real sign ordinance violation . Overall, from the times these walls have been blessed with a
combination of paint and skills, they have received compliments that have heavily outweighed the complaints .
This mural would have gone unnoticed by the world and only known by the individuals who came across it and
experienced it. We let three complaints take this story in the wrong direction . Let's get it back on track and
show that we embrace all forms of art and not just the ones that we have been trained to enjoy . Thank you .
(c) Elaine Hults was not present to speak on the Art Shuttle and other matters .
7 . Recognition of Unscheduled Public Comment
(a) Michael Allard , manager of Headed West , said I appreciate your time and that you are g iving
me the opportun ity to speak for a minute or two . I'm here speaking on behalf of my boss , friend and owner of
Headed West , Michae l Mahaney, who is at home taking care of a larger problem right now than some paint on
the side of a building . His 15 month old daughter is sick . I would like to start off by saying that I love
Englewood and its ethnic and age diversity. It is what has brought me and my girlfriend to th is wonderful area
of Metro Denver and can't wait for our own children to grow up here, go to public schools here and have the
advantages of a large metropolitan area ... that I did not have growing up in a small town in North Dakota .
When they do grow up though, I don't want them to see gang tagging up and down the streets, like I do
everyday driving in Englewood ... around the city ... l want them to grow up and be respectful, thoughtful and
caring citizens and to appreciate the finer things in life, such as beautiful jaw dropping art like the murals at
Headed West. Alice in Wonderland bridges the gap between grandparents and their grandchildren . It allows
them, only for a few minutes of their day, to smile and see eye to eye and reflect on happy times such as
enjoying a bowl of popcorn with each other while watching a child 's movie. We're not trying to offend anybody
with our art . We're try ing to beautify our building and stop it from being tagged every other week and it has
stopped . All we are asking is that we can get some clarity on the laws and ordinances , because they don't
make sense in our eyes . So City Council, we're asking you to help us keep our murals, for the hundreds of
Englewood residents , I've got them right here, maybe even the thousands ... because not everybody signed
it. .. the Englewood residents that vouched and support our artistic expressions . As Dave White of Englewood
Automot ive said this is getting blown way out of proportion and it is getting a bit ridiculous . It's just paint.
Thank you and please help us keep our art . There was applause .
(b) Robin Munro , a D nver resident , said I am one of the art ist who part icipated in the mural.
Th, , n't th on ly bu ilding that w have . We have done many build ing throughout the whol State of
C lor do II t way fro m V 11 to downtown D nver , wh r w hav n nhr bu, ding wr pp d , n xt to th
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Englewood City Council
May 21, 2007
Page 5
Mercury Cafe ... the Crossroads Theater . This is something that we have been working on for many
years ... trying to educate youth and communities about graffiti awareness and prevention . This is a step
forward for us ... having a mural like this, where we had an event where we could reach out and show people
that something negative can be turned around into a positive aspect. .. and better our community and better our
youth . So basically, I am here and I will be here until this matter is resolved ... whether or not that I will have to
change my schedule or whatnot, this is something that I strongly believe in . That is all I have to say . Thank
you for your time . There was applause .
(c) Long Peng, an Englewood resident, said I have lived in Englewood for almost 10 years. I love
Englewood and I want to do something for Englewood, so that is why I am here . Actually, I am from China ,
but I just wanted to come here and make some friends. And also, I would like to introduce my friend, he is
from China but he wanted to do the business in the United States. That is why I am here .
Mayor Wolosyn said thank you for coming. There was applause .
(d) Luke Butzen, an Englewood resident, said I have lived in Englewood my whole life . I was
even born at Swedish ... believe it or not. So for the past, almost 17 years, I have lived here. Lately, I have
seen the City embrace art more than I have ever seen them do . When I was young, I lived on dirt Platte Road
and I really didn't have a whole lot to do . I have seen tags everywhere . I know a few people who do them .
While they do vandalize things such as trains, rocks, steps, tunnels ... when I see stuff like what these guys did
over at Headed West, what I see is pure street art. I mean, I actually see something that makes me want to go
down there and practice my skills, so that I can work with these guys or do something like these guys, so that I
can make actual art so that people can say, wow, that is actually something they did and you know, they are
not vandalizing anything . They are not out destroying stuff. And that is what I think, that if we do keep these
murals up, we will definitely show kids my age ... you know what , we do embrace that stuff here and we are
going to help . Thank you . There was applause .
(e) Annette Vanasse , a Littleton resident , said when my son called me and said , Mom you have to
go take pictures of Headed West because Englewood is going to make them take down the murals . And when
I went over there, I was so amazed ... it is beautiful artwork, beautiful. I have two BFA's ... not that that matters ,
but I have an appreciation for art. I know that Englewood does too because look ... just step outside . The thing
that got me the most about the murals ... and we won 't talk about the place that it is, because that doesn't have
anything to do with it, as far as I am concerned . What I see, as I drive down the street of Broadway in
Englewood ... I see a liquor store that has horses ... a bigger mural than their mural. If they have to take it down ,
than I think the liquor store should have to take down theirs too . I have actually looked at some of the signs
that are bigger than the Code allows , they have to red o theirs then . And I know that you can't answer, but is
that what you are saying ? Normally , I could care le ss about a lot of things , but this is something that really hits
my heart, because it is wrong to say, because of the subject matter or because of the complaints, it should be
taken down . Well, what about the liquor store with the horses? It is also beautiful. Down the street there is
another sign that is big, that is a mural, it is a place for an auto ... l can't remember what it is called , but there is
a yellow sign . So that is my point. If you make them take it down, you have to make everybody else take it
down ... and this art is good art . It is a shame to cover it up. It really is . It is very beautiful. I guess maybe ,
open your eyes and look at it in a different way , is my point. Thank you . There was applause .
(f) Ray Straka, a resident of Bellingham , Washington, said I just arrived in Denver yesterday .
Today I was out on Broadway . I stopped for lunch and I was looking out the window and here was this mural
of Bob Marley and Crazy Fingers and all of these contemporary American icons . It was art . I saw art . I saw
no sales pitch, no advertising , no sign ... I saw art . Later my travels brought me into Headed West , partially
because I wanted to know who had done it and how and why ... and I was told about the Council meeting . I felt
so strongly about it that here I am speaking to you now . There is no profit in this for me . But millions of times I
have pledged my allegiance to this Republic and I have on more tha,, one occasion held office where I took
oath to uphold and protect the Constitution . And I feel that to use some legal manipulation to censor such art
would be a very clear and dangerous violation of freedom of expression . I can see no good that comes from 11
and the im plications scare me. Enjoy the art for what 11 1 . I wa lked around and I aw Luke the Evangel ist on
th way up here and that wa paid for by taxpayer . and th re re c rtain relig ou ov rtone If I wa
Mu lim, would I be bl tom ke a complaint , m th City t ti down? I think to v lu ,t nyth1ng I
Englewood City Council
May 21, 2007
Page6
than the expression of joy and life that it is, is to discredit the spirit in which it was made. It brought joy to my
heart to see it. Thank you . There was applause .
8. Communications, Proclamations and Appointments
(a) A letter from Pamala Sampson announcing her resignation from the Keep Englewood
Beautiful Commission was considered.
COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO ACCEPT THE RESIGNATION
OF PAMALA SAMPSON FROM THE KEEP ENGLEWOOD BEAUTIFUL COMMISSION.
Motion carried.
Ayes : Council Members Barrentine, Mccaslin, Moore , Wolosyn, Woodward,
Tomasso , Oakley
Nays : None
Mayor Wolosyn said I wish Pamala well in Houston.
(b) A proclamation supporting the 30 1h Annual Rocky Mountain Senior Games Week, which will be
held in Greeley, Colorado June 3 through 10, 2007 was considered .
COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION
SUPPORTING THE 30™ ANNUAL ROCKY MOUNTAIN SENIOR GAMES WEEK, WHICH WILL BE HELD
IN GREELEY, COLORADO JUNE 3 THROUGH 10, 2007.
Motion carried .
Ayes : Council Members Barrentine, Mccaslin , Moore, Wolosyn, Woodward,
Tomasso, Oakley
Nays : None
(c) A proclamation supporting Global Days for Darfur was considered.
COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION
SUPPORTING GLOBAL DAYS FOR DARFUR.
Mot ion carried .
Ayes : Counc il Members Barrentine, Mccaslin , Moore , Wolosyn , Woodward ,
Tomasso , Oakley
Nays : None
9 . Consent Agenda
(a) Approval of Ordinances on First Reading
There were no additional items submitted for approval on second reading. (See Agenda Item 11 .)
COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED , TO APPROVE CONSENT
AGENDA ITEMS 9 (b) (i), (ii), (iii), (Iv), (v), (vi) and 9 (c) (i), (Ii).
(b) Approval of Ordinances on Second Reading
(i) ORDINANCE NO . 26, SERIES OF 2007 (COUNCIL BILL N O . 24, INTRODUCED BY
COUNCIL MEMBER WOODWARD)
AN ORDINANCE AUTHORIZING AN AMENDMENT TO THE 1990 BIG DRY CREEK INTERCEPTOR
AGREEMENT REGARDING FEES .
(11) ORDINANCE NO . 27 , SERIES OF 2007 (COU NCIL BILL NO. 28, INTRODUCED BY
COUNCI MEMB R WOODWARD)
(
Englewood City Council
May 21, 2007
Page 7
AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF THE THREE
INTERGOVERNMENTAL SUBGRANTEE AGREEMENTS (CDBG) FOR THE YEAR 2007 BElWEEN THE
ARAPAHOE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF ENGLEWOOD , COLORADO .
(i ii) ORDINANCE NO . 28, SERIES OF 2007 (COUNCIL BILL NO. 29 , INTRODUCED BY
COUNCIL MEMBER TOMASSO)
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN ARAPAHOE
COMMUNITY COLLEGE FOR THE AREA CAREER AND TECHNICAL SCHOOL (ACTS) AND THE CITY OF
ENGLEWOOD PERTAINING TO THE BUILDING OF A SINGLE FAMILY RESIDENCE AT 2400 BLOCK OF
SOUTH ZUNI, ENGLEWOOD, COLORADO .
(iv) ORDINANCE NO . 29 , SERIES OF 2007 (COUNCIL BILL NO. 32, INTRODUCED BY
COUNCIL MEMBER WOODWARD)
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA) FOR MUTUAL
AID/AUTOMATIC AID AGREEMENT BETWEEN SOUTH METRO FIRE RESCUE AND THE CITY OF
ENGLEWOOD , COLORADO.
(v) ORDINANCE NO. 30, SERIES OF 2007 (COUNCIL BILL NO. 33 , INTRODUCED BY
COUNCIL MEMBER WOODWARD)
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA) FOR MUTUAL
AID/AUTOMATIC AID AGREEMENT BETWEEN THE CITY O F LITT LE T ON , COLORADO AND T HE CITY OF
ENGLEWOOD , COLORADO .
(vi) ORDINANCE NO . 31 , SERIES OF 2007 (COUNCIL BILL NO. 34 , INTRODUCED BY
COUNCIL MEMBER WOODWARD)
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA) FOR MUTUAL
AID/AUTOMATIC AID AGREEMENT BETWEEN THE CITY OF SHERIDAN AND THE CITY OF
ENGLEWOOD , COLORADO.
(c ) Resolu ti ons and Mo ti on s
(i) RES O LUTION NO . 47, SERIES OF 2007
A RESOLUTION AUTHORIZING THE ENGLEWOOD PUBLIC LIBRARY TO IMPLEMENT THE "SUMMER
FOOD FOR FINES" PROGRAM FROM TUESDAY, MAY 29 1
h THROUGH SUNDAY , JUNE 10, 2007 .
(ii) Motion to approve a services agreement between Affinity Telecom, Inc . of Boulder,
Colorado and the City of Englewood for the provision of local and long distance services for select City
telecommunication circuits .
Vo te res ults:
Motion carried .
Ayes : Council Members Barrentine , Mccaslin, Moore, Wolosyn, Woodward,
Tomasso, Oakley
Nays : None
Mayor Wolosyn said I would like to point out that under Consent Agenda we approved this years Food fOf'
Fines Program in the Library which is always a very good program . I appreciate that the Library doe th t
10 . Public Hearing Items
Englewood City Council
May 21, 2007
Page 8
No public hearing was scheduled before Council.
11 . Ordinances, Resolution and Motions
(a) Approval of Ordinances on First Reading
(i) Economic Development Coordinator Hollingsworth presented a recommendation from
the Community Development Department to adopt a bill for an ordinance approving the proposed amendment
to 16-6-13.E.17 of the Englewood Municipal Code allowing City approved districts to install banners on South
Broadway streetlights. Staff also requests that Council schedule a Public Hearing on June 4, 2007 to take
public comment on the proposed amendment. He said, currently, the UDC allows the City to be able to install
banners pursuant to the South Broadway Action Plan. However, the UDC does not currently allow other
business districts to install banners on light poles in the public right -of-way . As a result, the sign code would
need to be modified to allow the South Broadway Englewood Business Improvement District to install District
identification banners . To this end, the Planning and Zoning Commission held a Public Hearing on April 1 ih
and discussed this matter and recommended to the City Council that the sign code be modified to allow City
approved districts to install banners on the street light poles in the South Broadway District pursuant to a City
license agreement. Staff requests that City Council approve the attached bill for an ordinance and set the
Public Hearing date for June 4th and take public comment on the proposed amendment.
Mayor Wolosyn asked if anyone had any questions for Mr. Hollingsworth . There were none .
COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a)
(i) -COUNCIL BILL NO. 35 AND TO SCHEDULE A PUBLIC HEARING ON JUNE 4, 2007 TO TAKE
PUBLIC COMMENT ON THE PROPOSED AMENDMENT.
COUNCIL BILL NO . 35 , INTRODUCED BY COUNCIL MEMBER TOMASSO
A BILL FOR AN ORDINANCE AMENDING TITLE 16, CHAPTER 6 , SECTION 13, SUBSECTION E (17), OF
THE ENGLEWOOD MUNICIPAL CODE 2000 , PERTAINING TO THE SOUTH BROADWAY DISTRICT
IDENTIFICATION BANNERS .
Vote results :
Motion carried.
Ayes : Council Members Barrentine , Mccaslin , Moore, Wolosyn , Woodward ,
Tomasso, Oakley
Nays : None
Mayor Wolosyn said thank you Darren .
(ii) Senior Planner Graham presented a recommendation from the Community
Development Department to adopt a bill for an ordinance authorizing an Intergovernmental Grant Agreement
between Arapahoe County and the City of Englewood for the purpose of purchasing the Oxbow property in
Littleton and Englewood for open space, recreation, wildlife habitat, and water quality uses . He said we are
coming closer to acquiring the Oxbow property. This was before you at Study Session a few weeks ago .
Council approved an additional $125,000 .00 towards this purchase . The City of Littleton approved
$109,500 .00 last week at their Council meeting . The Arapahoe County Open Space and Trails Board is
meeting this evening to consider bridging the gap funding and the South Suburban Parks and Recreation
District will be meeting Wednesday , they are also considering a motion to approve funding, which would
completely fund the purchase of this open space . So, we are asking you tonight to approve a bill for an
ordinance to enter into an agreement with Arapahoe County to accept the $250 ,000.00 Open Space Grant that
they authorized in 2006 .
Mayor Wolosyn asked if there were any questions for Mark . Th re w r none .
Englewood City Councll
May 21, 2007
Page 9
COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11
(a) (ii) • COUNCIL BILL NO. 38.
COUNCIL BILL NO . 36, INTRODUCED BY COUNCIL MEMBER WOODWARD
A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL GRANT AGREEMENT
ENTITLED "INTERGOVERNMENTAL AGREEMENT REGARDING 2006 GRANT OF ARAPAHOE COUNTY
OPEN SPACE PROGRAM FUNDS PROJECT NAME: SOUTH PLATTE RIVER OXBOW
HABITAT/WETLANDS", BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND THE BOARD OF
COUNTY COMMISSIONERS OF ARAPAHOE COUNTY, STATE OF COLORADO.
Vote results:
Motion carried .
Ayes : Council Members Barrentine, Mccaslin, Moore, Wolosyn, Woodward ,
Tomasso, Oakley
Nays : None
Mayor Wolosyn said thank you Mark, well done.
(iii) Director Gryglewicz presented a recommendation from the Finance and
Administrative Services Department to adopt a bill for an ordinance deleting Title 6, Chapter 1, Section 8,
Smoking, as State Statutes have been enacted that supersede current Code provisions . He said this bill for
an ordinance deletes the language in Title 6, Chapter 1, Section 8 regarding smoking as House Bill 06-1175 ,
known as the Colorado Clean Indoor Air Act, which was effective July 151 of 2006, effectively superseded the
language that is in the current Code . This is basically just a clean -up measure.
COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11
(a) (Ill)· COUNCIL BILL NO. 37.
COUNCIL BILL NO . 37, INTRODUCED BY COUNCIL MEMBER WOODWARD
A BILL FOR AN ORDINANCE REPEALING TITLE 6, CHAPTER 1, SECTION 8, OF THE ENGLEWOOD
MUNICIPAL CODE 2000, PERTAINING TO SMOKING .
Vote results :
Motion carried .
Ayes : Council Members Barrentine, Mccasl in, Moore, Wolosyn , Woodward ,
Tomasso, Oakley
Nays : None
Mayor Wolosyn said thank you Frank.
(b) Approval of Ordinances on Second Reading
(I) Council Bill No. 25, approving Amendment No . 6 to the Swedish Medical Center
Planned Development was considered .
COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED , TO APPROVE AGENDA ITEM 11
(b) (I) -ORDINANCE NO. 32 , SERIES OF 2007 .
ORDINANCE NO. 32, SERIES OF 2007 (COUNCIL BILL NO. 25 , INTRODUCED BY COUNCIL MEMBER
WOODWARD)
AN ORDINANCE AUTHORIZING THE SWEDISH MEDICAL CENTER PLANNED DEVELOPMENT
AMENDMENT NO. 6 .
Englewood City Council
May 21, 2007
Page 10
Vote results:
Motion carried .
Ayes: Council Members Barrentine, Mccaslin, Moore, Wolosyn, Woodward,
Tomasso, Oakley
Nays : None
(ii) Council Bill No . 30, declaring the 960 acre farmland parcel in Arapahoe County as
City of Englewood surplus and authorizing the sale of this property was considered .
COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b)
(ii) -ORDINANCE NO. 33, SERIES OF 2007.
ORDINANCE NO. 33, SERIES OF 2007 (COUNCIL BILL NO. 30, INTRODUCED BY COUNCIL MEMBER
TOMASSO)
AN ORDINANCE DECLARING THE 960 ACRE FARMLAND PARCEL IN ARAPAHOE COUNTY AS CITY OF
ENGLEWOOD SURPLUS AND AUTHORIZING THE SALE OF THIS PROPERTY.
Vote results:
Motion carried .
Ayes : Council Members Barrentine, Mccaslin, Moore, Wolosyn , Woodward,
Tomasso, Oakley
Nays : None
(iii) Counc il Bill No . 31, approving the refunding of the Mult ifam ily Hous ing Revenue
Refunding Bonds (Marks Apartments) Series of 1996 by issu ing Variable Rate Demand Multifam ily Housing
Revenue Refunding Bonds (Marks West Apartments) Series of 2007 was considered .
COUNC MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11
(b) (iii) -ORDINANCE NO. 34, SERIES OF 2007.
ORDINANCE NO. 34 , SERIES OF 2007 (COUNCIL BILL NO. 31 , INTRODUCED BY COUNCIL MEMBER
WOODWARD)
AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF AN AMOUNT NOT TO EXCEED
$11,200 ,000 VARIABL E RAT E DEMAND MULTIFAMI LY HOUSING REVENUE REFUND ING BONDS
(MARKS W EST APARTM ENTS) SERIES 2007 O F T HE C ITY O F ENGLEWOOD , COLORADO FOR TH E
PURPOSE OF FI NANCING A PORTION OF THE COST OF REFU ND ING T HE CITY OF ENGLEW OOD,
COLORADO MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (MARKS APARTMENTS
PROJECT) SERIES 1996; APPROVING AND AUTHORIZING EXECUTION OF A TRUST INDENTURE , A
FINANCING AGREEMENT, PURCHASE AGREEMENT, INTERCREDITOR AGREEMENT, AND AN
AMENDED AND RESTATED LAND USE RESTRICTION AGREEME NT WITH RESPECT TO THE BONDS
AND THE MULTIFAMILY HOUSING PROJECT BEING REFINANCED WITH THE PROCEEDS OF THE
BONDS ; MAKING FINDINGS AND DETERMINATIO NS WITH RESPECT TO THE PROJECT AND THE
BONDS ; AUTHORIZING THE EXECUTION A ND DELIVERY OF RELATED DOCUMENTS ; AND REPEALING
ALL ACTION HERETOFORE TAKEN IN CONFLICT HEREWITH .
V ote resu lt s :
Motion carri d .
Ayes : Council Members Barrentine, Mccasl in, Moore , Wolosyn , Woodward,
Tomasso, Oakley
Nays : None
(c) R olution nd Motion
(
Englewood City Council
May 21, 2007
Page 11
(i) Director Gryglew icz presented a recommendation from Finance and Admin istrative
Services Department to approve a resolution transferring funds in the Open Space Fund from the Mary Carter
Greenway/Buffer Project to the Oxbow Property Purchase Project. He said this formalizes the transfer of the
$125 ,000 .00, which currently is in the Mary Carter Greenway/Buffer Project and it is going to move it to the
Oxbow Property Purchase Project. That deal is currently being put together and this is partial funding for that.
Mayor Wolosyn asked if there were any questions . There were none.
COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11
(c) (i) • RESOLUTION NO. 48, SERIES OF 2007.
RESOLUTION NO. 48 , SERIES OF 2007
A RESOLUTION TRANSFERRING FUNDS IN THE OPEN SPACE FUND FROM THE MARY CARTER
GREENWAY/BUFFER PROJECT TO THE OXBOW PROPERTY PURCHASE PROJECT.
Vote results:
Motion carried .
Ayes : Council Members Barrentine , Mccaslin , Moore, Wolosyn, Woodward ,
Tomasso, Oakley
Nays : None
Mayor Wolosyn sa id thank you Frank .
(II ) Economic Development Coordinator Hollingsworth presented a recommendat ion from
the Community Development Department to approve a motion establishing June 16 , 2007 and September 8 ,
2007 as the dates for th is year's c itywide public sidewalk events . He said before Council this evening is a
motion that would establish two dates for the Citywide sidewalk event , which would take place , if approved , on
June 16th and September 9th. which is the Englewood Days and Taste of Englewood . This discussion has
taken place w ith members of the Chamber of Commerce , the Alliance for Commerce in Englewood and the
Old Town Merchants Association and met with support . Thank you.
Mayor Wolosyn asked if there were any questions . There were none.
COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c)
(II)· ESTABLISHING JUNE 16, 2007 AND SEPTEMBER 8, 2007 AS THE DATES FOR THIS YEAR 'S
CITYWIDE PUBLIC SIDEWALK EVENTS .
Motion carried .
Ayes : Council Members B arrentine, Mccaslin, Moore, W olosyn, Woodward,
Tomasso, Oakley
Nays : None
(Iii) Economic Development Coordinator Hollingsworth presented a recommendation from
the Community Devel o pmen t De partment to approve, b y motion, a Grant Agreement to M icro Business
Development for a M icro Loan and Guarantee Pool. He said at the March 19th Study Session, City Council
h ard a proposal from Kers ten Hostetter, of M icro Business Development, to receive a grant for $218 ,365.00
to upport entrepreneurial development in Englewood . Englewood is attractive for many startup and small
bu in es , because of our central location and cost effective space . The potential grant funding would allow
MBD to provide numerous services to support Englewood small businesses . Englewood services include
bu 1n s essments . individual business consulting, bus iness workshops , business referrals and small
bu 1n s loans. It is important for Council to consider that th is is not a time sensitive matter. However , staff is
pr nhng th is ordinance for Council consideration th is evening and I am available to answer any questions .
Th nk you .
M y r Wolo yn ked if there w re any que lion or discu sion .
Englewood City Council
May 21, 2007
Page 12
Council Member Woodward said I would just like to mention that although I am in support of this, I would like
to consider tabling it until there is a new Director in place in the Community Development Department. .. so that
is the proposal I would like to throw out on the table .
Mayor Wolosyn said I would add that I am in favor of that at this point. But I think it should be made clear to
the new Director that this is not a General Fund line item . This is a special revolving loan fund that is meant to
get money into the community to generate activity . And that is one of our goals , so I hope that whoever that
person is considers this . And also, this doesn't have to be the entire amount.
Council Member Barrentine said Darren, is there anybody who would be affected by us not moving forward by
this? Is there any program that you have? Mr. Hollingsworth said tabling this would not have an affect on any
Community Development programs at this time.
COUNCIL MEMBER WOODWARD MOVED TO TABLE AGENDA ITEM 11 (c) (iii) -A GRANT
AGREEMENT TO MICRO BUSINESS DEVELOPMENT FOR A MICRO LOAN AND GUARANTEE POOL,
UNTIL A NEW COMMUNITY DEVELOPMENT DIRECTOR IS IN PLACE.
Mayor Wolosyn asked if there was a second . There was none.
The motion died for lack of a second.
COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c)
(iii) -A GRANT AGREEMENT TO MICRO BUSINESS DEVELOPMENT FOR A MICRO LOAN AND
GUARANTEE POOL.
Mayor Wolosyn said I am going to vote for it , because I would not want it to just be dismissed .
Vote results:
Motion carried .
Ayes : Council Members Barrentine , Mccaslin, Moore, Wolosyn, Woodward,
Tomasso , Oakley
Nays : None
Mayor Wolosyn said thank you Darren .
12 . General Discussion
(a) Mayor's Choice
(i) Mayor Wolosyn said we did have our preliminary budget retreat on Saturday and
those who were here know that we have a lot of work ahead of us . I think the snow storm definitely took a toll
on our budget, as well as relatively flat sales tax . One of our duties as Council, is to deliver this City to future
generations as a strong place that continues to be full service . We have a big job in front of us . On July 23'd
we are going to have a special meeting where we just look at our macro approach to the budget and see what
we can come up with before we go in to the more detailed work of making a budget, that is usually approved in
November.
(b) Council Members' Choice
(i) Council Member Barrentine :
1. She said I want to thank the two young ladies for their presentation about their trip to Washington .
hope you do realize that we have junior voting election judges here in Colorado as well ... maybe you will
participate in that. And I hope that soon you m ight come to us with some suggestions on youth ... the same
k ind of genre that Wyoming did . Maybe some ideas for the City or the State that you guys might have to bring
Englewood City Council
May 21, 2007
Page 13
forward ... put a little of that knowledge to use for this community. So thank you very much, it was a very nice
presentation.
2 . She said I had an opportunity, after the initial complaint was made on Headed West, to go and see
the ... well, I had already seen part of the mural, I had seen one wall ... but I went over there and talked to the
owner. I'm sorry to hear that his daughter is ill and sorry that he wasn't here tonight. I wanted to find out why
he originally put that mural up and it wasn't to cause the stir that it ended up causing . However, it was a
business decision to combat graffiti. It was a suggestion that was made to him from an outside company . He
had a company that was doing graffiti removal for him. I saw the bills . I saw the fence. I saw the remnants of
the multiple taggings that had been done both on his building and on that fence and understood that he went
with the mural, as an innovative and creative way to address a serious problem and also keep in line with our
new ordinance which is that any graffiti must be removed within three days . And he has done an excellent job
of maintaining that. .. both for the community and his own self interest in that business. A couple of weeks ago
we had an opportunity, when he was able to come here and ask a few questions about the sign . I asked Tricia
Langon of our Community Development Department, how the City defines a sign and she said that they define
a sign by anything that attracts attention to a building. I asked at that time if there was any color restriction on
a building or pattern restriction and she said no . So later, the next day I think it was, when I read in the Denver
Post article that the irony that a mural could be taken down ... what I truly believe is very artistic ... was very well
done. I don't like all of the art around . I don 't like all the art in the Louvre ... of course, I was only 15 at the time
but I didn't like all of it. It is a subjective thing, I understand . But I did look up the Federal definition of art and
these murals are considered under our Federal definition ... under the Visual Artist's Rights Act that was signed
by Clinton ... it is considered art in my opinion ... looking at that. The next day in the Post, he said he could take
that down and put up yellow with polka dots and that that would be legal. And according to the answers he
received the night before, he was accurate ... that would be. I think she accurately depicted that our sign laws
are vague and that there is a lot of subjectivity in there . If that is the case, then it is very difficult to put the
onus on business owners to try and wade through that process to decide what is a sign and what is not. I am
not surprised that he didn't get a permit. I am not surprised that he didn't think it was a sign . There are
several things ... the VARA Act, the vagueness of our sign law ... that I would like, if it is possible, to not continue
through the Code Enforcement piece of this, but to table him getting a summons or stop him from getting the
summons portion of it, which would push it into the court system and would then be up to our Municipal Judge
Vince Atencio to decide whether our sign law is vague or whether to enforce that. And that would push it into
court system and take it out of our hands . I would like that to not happen ... for us to take an opportunity to
work together with the community that has come forward , look at our sign law that is, admittedly by our own
department, vague and try to take some proactive action and try to work together on this . She said and that is
the motion that I am making .
City Attorney Brotzman said I believe the summons complaint was actually issued today so you can't stop the
enforcement on that. Ms . Barrentine said was the summons issued today? [Clerk's note : There was a
response from the audience indicating the summons had been issued today .]
City Attorney Brotzman said you may request a moratorium on enforcing the s ign code , if you would like . Ms .
Barrentine said okay , I didn 't know and I apolog ize .
COUNCIL MEMBER BARRENTINE MOVED TO PUT A MORATORIUM ON ENFORCING THE SIGN CODE.
Council Member Barrentine said I want to put a moratorium on it in order to address the vagueness of the sign
law , address what the Federal defin ition is of art , wh ich includes murals , so that we can have a discussion in
Council on th is and put a moratorium on this process .
Mayor Wolosyn asked if there was a second . There was none .
THE MOTION DIED FOR LACK OF A SECOND .
M ayor Wol osyn said I w ill add that that is such a broad reque t and has such a broad im pact on the
communi ty that I could not upport that. Ms . Barrentln aid what pi c of that wa broad? Ms. Wolosyn said
to put a moratorium on n ntire er,.., Ive sign I w t th1 t1m It would h v b n ... M B rr nt ine sa id I
Englewood City Council
May 21, 2007
Page 14
thought it was putting a moratorium on this particular ..... City Attorney Brotzman said you can narrow it to this
particular section if you would like.
Council Member Barrentine said I would like to narrow it to this particular section, which would be, specifically,
the distinction between murals and making them part of the sign law . I think it would be in Council's best
interest to get information on the Federal law, address the vagueness of our sign law, in this area, as was
already admitted to by our department and our staff and at least put a moratorium on it, until we can get a
chance to get together to discuss that.
Council Member Tomasso said would this moratorium just allow people to put up murals randomly, since there
was a moratorium on the sign code?
City Attorney Brotzman said as for murals, since you are not enforcing, they can put up murals . Mr . Tomasso
said any size, any place? Mr. Brotzman said that would be correct.
Council Member Barrentine said can I get some clarification on the summons then? When they got that
summons, do they have to take that down today, because they got the summons?
City Attorney Brotzman said they are actually in violation as of the date of the citation. Ms. Barrentine said so
what happens then is they get a summons, now it goes through the court process and they get to make an
argument in court on why they think that they should be able to have that up? Mr. Brotzman said correct. Ms .
Barrentine said until that time, then they can keep that up . Mr . Brotzman said they would be in violation each
day, but yes . Ms . Barrentine said and in being in violation each day, it does what? Mr. Brotzman said the
answer is they could be cited for each . They haven't been cited for each day, they have been cited for a
specific day but they could be cited for each day that they are currently in violation . Ms . Barrentine sa id and
then the decision ends up being made by Council or by Judge Atencio? Mr. Brotzman said by the Municipal
Court Judge ... Judge Atencio . Ms . Barrentine said okay.
Mayor Wolosyn asked if there was anything else.
Council Member Barrentine said so presently, it doesn't stop this mural until the decision is made by the
Judge. Mr . Brotzman said correct and the ownership has been informed of several other appeals ... one to the
Board of Adjustment and Appeals and there are actually two appeals to Planning and Zoning ... that they can
still take . Ms . Barrentine said would an appeal to the Board of Adjustment and Appeals have any affect
whatsoever on the summons that they were served today? Mr. Brotzman said the answer is ... timing wise , we
will work through the court process, they can have their appeal done prior to going to trial , if they so choose .
That is their choice, if they want to appeal the matter or to request a variance. Ms . Barrentine said if the
appeal wasn 't until after Judge Atencio made his decision , what affect would that have on that? Mr. Brotzman
said then he would simply enforce the current sign code . He would make a judgment on our current sign code
and then if he found them in violation, he would then sentence them under our current sign code . Ms .
Barrentine said if he finds that they are in violation? Mr . Brotzman said correct.
(ii) Council Member Mccaslin :
1 . He said I would like to thank Code Enforcement. .. Sam Watson , Gary Condreay and Marj ie
Payne ... talking about the new tracking system for Code Enforcement. They did a very nice job . I apprec iated
that the other night and I would to thank them publicly .
2 . He said also somebody picked up half of my package , because I have the CML Conference request,
but Jim is going to take care of that. So if someone finds some extra stuff around, would you let me know?
3. He said ... you guys, I appreciate you coming to Council and talk ing. You are very eloquent as far as
talking . I had a couple of questions though . One of you said ... l believe in the size restrictions , but not in some
murals . I guess if I am going to put something up in the City , whether it is in my house ... like build a garage or
something ... l am go ing to have to go and get a perm it and see what is right in the City . And I am not saying
you did nything wrong , but what I m jus t asking you is why didn't you ch ck in with the City to b sur 1t is
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Englewood City Council
May 21, 2007
Page 15
okay to put it up . He said someone said I would like a clarification on the ordinances, well if you had a
question on the signs, why didn't you go to someone and say I need a clarification ... is this going to be good
enough ... and those are my only questions . You don't need to respond. It is just something I need some more
information to understand why that process wasn't taken care of. He said thank you. Those are just some of
the questions I need answered . Thank you .
(iii) Council Member Woodward:
1. He said I wanted to acknowledge the celebration for the Citizen of the Year ... Nancy Peterson . I
thought that was a huge success ,with a large crowd that really appreciated the things that Nancy, as our
Community Relations Officer ... did for the City .
2 . He said I wanted to mention the Sounds of Summer lineup is out and I saw two items on that, that kind
of excited me. That starts in mid June .
3 . He said I want to compliment the Englewood Lions, and as one ... just mentioning that they are doing a
fund raiser, that is a pretty small fund raiser for them . They are offering businesses to have flags put up on
Broadway, and in the future, in other places , for a suggested donation of $35 .00 per year on 7 different
holidays throughout the year . The Lions will hang the bracket , purchase the flag , put the flag up prior to 7
o'clock in the morning on the holidays , take it down that evening at dusk and do that for a year . I would love to
see flags on those National Holidays, so , my compliments to the Lions Club and to Mike Flaherty for his help .
4 . He said I wanted to mention ... some of the comments ... and I had some of the same questions that
Bob had as to ... one , why wasn't , as business owners of both Headed West and I believe of the artists ... ! don 't
know if you are a company, a sign company or what ... but I would think you would be informed as to codes in
different cities, signs and would certainly check with the City regarding that. I know that the owner of Headed
West was scheduled as a scheduled speaker here at one point earlier in the year and didn't show up . I don't
know if that was what he was calling about or not. Also , at the Code Enforcement Advisory Committee
meeting, of which I am a liaison, we had a presentation last week showing us how they document stuff from
their trucks and on the computers . I asked them to bring up Headed West in the complaints or the tagging
incidents . There were two. Both of those incidences were reported by Code Enforcement ... one on the back
fence , which was in May and the other one , I believe , was in December. So, as I am sure you are aware , if
you are graffiti art is ts and know tagging and that sort of th ing , what Safety Services, what Code Enforcement ,
what the police do ... is when there is a tagging incident, they come down and take pictures of them so that they
can match them up . Englewood is working w it h numerous communities on the tagging issues and there is a
task force to match tags . So, I don 't know why those calls haven't happened . With regard to ... l believe it wa s
Annette's mentioning of the Liquor Barn's mural there , that pre-dates the Code and therefore it would be
grandfathered in. It would be much like the electrical system or something else within your house . If new
codes were adopted, you would have to update everything as you remodel or change you do update those
things . The UDC, the Unified Development Code, was passed in 2004. It went through a Public Hearing, it
went to Planning and Zoning and it passed City Council 7-0 . There are, I believe, three members of this
Council that was on that Council that passed it and now , something like that, something that large, over time,
is fine tuned . We know there are problems with the sign code . We have been discussing them going back to
earlier in the year and I think that is scheduled. I think the graffiti mural, the mural itself or mural art is
something that does need to be addressed . It is something that will be addressed, I am sure, with what has
happened now. However, it doesn't stop what is going on and what has happened, from happening right now .
Why in the past two weeks certain things haven't happened from Headed West, I don't know . It has all
seemed to have been done through the press and it all seemed to, from my point of view and from what I have
seen , turned into things about everything but ... what is the law and what is the sign code .
5 . He said Bob and I want to go to the CML Conference up at Snowmass in late June. We do have
funds in the training budget for Council. We have approx imately $1 ,800 .00, currently . The funds for that
registration each is $165 .00 . We do not have any fund n the travel budget or meal budget and Bob and I
both would be lc,o king at paying for that out of pocket or out of discretionary funds that we have . So , we are
king fo r approva l of $165 .00 each for th reg i tr l ion f fo r the CML Conference in Snowma .
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Englewood City Council
May 21, 2007
Page 16
COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE THE $165.00
REGISTRATION FEE FOR COUNCIL MEMBERS WOODWARD AND MCCASLIN FOR THE CML
CONFERENCE IN SNOWMASS IN JUNE.
Mayor Wolosyn asked if there was any discussion. There was none .
Vote results:
Ayes : Council Members Barrentine, Mccaslin, Moore, Wolosyn, Woodward,
Tomasso, Oakley
Nays: None
Motion carried.
Mayor Wolosyn said thank you .
*****
Council Member Barrentine said I do have to address an issue with the owner not being here, because that is
to his character. He said he did this in order to address the graffiti problem that he had. There is nothing in
our Code that says the police have to be notified every single time you get tagged . What the ordinance says
that you have three days to remove it ... not that you are supposed to have the police come and take pictures of
it or discuss it with Code Enforcement first. Let's face it, the only times that I ever sped, was the two times that
I got a ticket. .. it was the only times they caught me. That is na'fve, at best, to believe that Code Enforcement
addressed it every time that it happened . If you don't want something handled in the press, the best way that I
found, at least, as a suggestion ... is why I went down to them and talked to them in person. That is why I went
to the building, that is why I looked at the fence and looked at his bills and the problem he is having . It was to
try to get a sense of what a business owner in our community was trying to battle . And, I wanted to address
that. I believe that he did have a graffiti problem and I don't think we can expect that Code Enforcement
knows about every single incident that happens.
Council Member Woodward said and I certainly didn't say that. What I said was, the complaint was made ,
which they are obviously not required to do , but it helps take care of the crime .
13 . City Manager's Report
C ity Manager Sears d id not have any matters to bring before Council.
14 . City Attorney's Report
City Attorney Brotzman did not have any matters to bring before Council.
15 . Adjournment
LOSYN MOVED TO ADJOURN . The meeti ng adjourned at 8 :38 p .m .
,
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May 17 , 2007
Ms . Tricia Langdon
City of Englewood
Community Development
Englewood Civic Center
l 000 Englewood Parkway
Englewood, CO 80110
RE: Resignation from Planning & Zoning Commission
Dear Tricia,
MAY l 7 20 07
The purpose of this letter is to submit my re.signation from the Planning & Zoning
Commission. I have thoroughly enjoyed serving on the Commission for the past 3+ years,
and have learned much from you, other community development staff. and fellow
Commissioners. I have grown a deep appreciation for what you and your colleagues in
community development do and its importance in keeping a city vitalized.
Thank you for the opportunity to work with you. And a special thanks, also, to the other
Commission members for being patient, thoughtful, and honest during my tenure (and for
making it fun). Have a wonderful summer!
Best,
Stefanie Mosteller
8a
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AMY LAU GESEN
4858 South Kalamath Street, Englewood , Colorado 80110
May 20, 2007
City of Englewood
Cultural Arts Commission
1000 Englewood Parkway
Englewood, CO 80110
Dear Members of the Cultural Arts Commission,
Due to the time commitment required by my contract as Art Program Coordinator
for Denver International Airport and a need to dedicate more time to my ART and
family, I officially state my resignation as an Englewood Cultural Arts Commissioner.
I have enjoyed my time serving as a commissioner and I am grateful for having had
the opportunity of working with a talented group of Individuals committed to
making a difference In the City of Englewood. Please continue to make arts
education a priority.
I wish all of you great professional and personal success In work that you love -your
ART. Please keep me updated on Englewood Issues, events and exhibitions.
Thank you again for the honor of serving as an Englewood Cultural Arts
Commissioner.
Si ncerely,
Amy Laugesen
Sb
C
ORDINANCE NO.
SERJES OF 2007
BY AUTHORITY
A BILL FOR
COUNCIL BILL NO . 38
INTRODUCED BY COUNCIL
MEMBER ------
AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF A VICTIM
ASSISTANCE LAW ENFORCEMENT 0/ ALE) GRANT FROM TIIE VICTIM
ASSISTANCE LAW ENFORCEMENT BOARD OF THE 18TH JUDICIAL DISTRICT.
WHEREAS, the City of Englewood Safety Service Department applied for funding
under the VALE Grants Program to be used for funding the Victim/Witness Program in
the Englewood Municipal Court; and
WHEREAS, the Victim/Witness Program in the Englewood Municipal Court has
served the victims of domestic violence since 1990; and
WHEREAS, the City of Englewood has previously applied and been granted VALE
Grants for the years 1990 through 2006; and
WHEREAS, the staff seeks Council support for an Ordinance accepting a 2007
VALE grant funding in the amount of $18 ,2 76, for the period of July l , 2007 to June 30,
2008;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS :
Section 1. The City Council of the City of Englewood, Colorado hereby authorizes
the acceptance of the VALE Grant and accompanying intergovernmental agreement , a
copy of which is marked as "Exhibit A" and attached hereto .
Section 2 . The City Manager, the Director of Safety Services and the Director of
Finance/ Administrative Services are hereby authorized to sign said VALE Grant and
accompanying intergovernmental agreement on behalf of the City of Englewood.
Introduced, read in full, and passed on first reading on the 4th day of June, 2007.
Published as a Bill for an Ordinance on the 8th day of June, 2007 .
Olga Wolosyn, Mayor
ATTEST:
Loucrishia A. Elli , City Clerk
-1-
COUNCIL COMMUNICATION
Date: Agenda Item:
June 4, 2007 9 a i
Subject:
Victim Assistance Law Enforcement
Grant 2007
Initiated By: Staff Source:
Safety Services Department Chris Olson, Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
The City of Englewood has applied for and accepted the VALE Grant from 1990 through 2006.
RECOMMENDED ACTION
Staff seeks Council support of a bill for an ordinance accepting 2007 Victim Assistance Law
Enforcement grant funding in the amount of $18,276.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The VALE Grant finances approximately 30% of the salary and benefits for the Victim Witness
Program at Englewood Municipal Court. The Victim Witness Program provides services for
Victims of domestic violence.
FINANCIAL IMPACT
The Victim Witness program would lose 30% funding.
LIST OF ATTACHMENTS
Proposed Bill for an Ordinance
Englewood Department of Safety Services
07-38
The grant recipient, through the following signatories, understands and agrees that any VALE
monies received as a result of the awarding of the grant application shall be subject to the
terms of this~.
OW----. Date j/rJ,/aJ_
Project Director {
Chris Olson, Safety Services Director
Date ------------Financial Officer
Frank Gryglewicz, F/AS Director
Date __________ _
Date _ _;;:;;5_-q~----'-0'---7....,__ __
Patti Snell
Chair, VALE Board
Author ized Official : The authorized official is the person who is , by virtue of such person 's pos ition , authorized to
enter into contracts for the grant rec ipient.
Th is could include : Mayor or City Manager , Chairperson of the County Comm issioners , District Attorney , Pres ident
o r Cha irp erso n of the Board of Dir ectors , Superintendent , or other Chie f Executive Officer.
Fin anci a l Office r: T he person is re s ponsible for all fin an ci a l matters re lated to the program a nd who has
responsibility for the accounting, management of fu nds, verification of expenditures, audit information and financial
reports . The person who actually prepares the finical reports may be under the supervision of the Financial
Officer. The Financial Officer must be a person other than the Authorized Official or the Project Director.
Project Director: The person who has direct responsibility for the implementation of the project. This person
should combine knowledge and experience in the project area with ability to a dminister the project and supervise
personnel. He/she shares responsi bili ty with th e financial Office for seein g tha t all expenditures are within the
approved budget. This person will normally d evote a major portion of his/her time to the project and is responsible
for meet ing all reporting requirements . The Project Director must be a person other than the Authorized Offic ial or
the Financial Officer.
Englewood Department of Safety Services
07-38
Upon receipt of the request, the VALE Board shall decide whether to grant or deny the request
without further presentation or hearing.
( 11) The grant recipient agrees that all funds received under this grant shall be expended
solely for the purposes stated above and that any funds not so expended, including funds lost
or diverted to other purposes, shall be repaid to the VALE fund.
( 12) The grant recipient agrees to comply with the letter and spirit of the Colorado Anti-
discrimination Act of 1957, as amended, and other applicable law respecting discrimination
·and unfair employment practices (C.R.S. Sec. 24-34-402) and required by Executive Order,
Equal Opportunity and Affirmative Action, date April 16, 1975.
(13) Non-compliance with this contract may include failure to submit reports, making
unapproved changes to the budget, performance failures or adherence to special conditions .
Non-compliance with any portion of this contract may result in:
Suspension of grant funds
Termination of grant
Withholding of funds
Requiring grant recipient to return money to the VALE fund
Other action as deemed necessary by the members of the VALE Board
Any combination of the above.
(14) All grant recipients shall make available to the Board or its authorized designee all current
books, records, procedures or other information relative to the grant application and
implementation.
(15) The funds granted by this contract for Victim Services shall be disbursed in quarterly
insta llments pending VALE Board approval of all required reports and verification of expenses.
The funds granted by this contract for equipment may be dispersed by a single payment for
the full amount , pending VALE Board approval of all required reports and verification of
expenses .
3
CORRECTION
THE PRECEDING DOCUMENT OR BLANK FRAME HAS BEEN
RE1vTICROFILMED TO ASSURE LEGIBILITY AND
ITS /MA GE APPEARS IMMEDIATELY HEREAFTER.
VICTIM ASSISTANCE AND LAW ENFORCEMENT BOARD
CONTRACT
Pursuant to the Assistance to Victims of and Witnesses to Crimes and Aid to Law
Enforcement Act, Article 4 .2 Title 24 C.R.S., the Victim Assistance and Law Enforcement
Board of the 18 1
h Judicial District has made the following award :
Grantee: Englewood Department of Safety Services
3615 South Elati Street, Englewood , Colorado 80110
Grant number: 07-38
Project Title: Victim/Witness Advocate
Purpose of Grant Funds : Law Enforcement Victim Services
Services/Equipment Being Funded: Portion of Salary and Benefits for Victim Assistance
Advocate
Grant Period : July 1, 2007 to June 30 , 2008
Amount of Grant Award : $18 ,276
Quarterly Installments : Four (4) Quarterly Payments of $4,569
BE IT UNDERSTOOD THAT:
(1) All disbursement of awards are contingent upon the availability of VALE funds.
(2) The c onte nts of th e grant appl icat ion w ill be come contra ct ual obl igat io ns of t he grant
recipient and are incorporated into this contract as if fully set forth herein.
(3) The grant recipient is required to submit Financial Reports quarterly : October 31 , 2007 ,
January 31, 2008, April 30, 2008 and July 31, 2008 for funding for 2007/2008 . The report due
on July 31, 2008 shall be the year-end report. The VALE Board will provide Financial
Reporting Forms . Grant recipients are required to use these forms .
(4) The grant recipient is required to submit Program Reports on: January 31, 2008 and July
31, 2008 for funding for 2007/2008 . These reports must address any special conditions that
are listed in this contract. The report due on July 31, 2008 shall be the year-end report . It shall
show totals for the entire year and must address any special conditions that are listed in this
contract. The VALE Board will provide Program Reporting Forms . Grant recipients are
required to use these forms .
t
l
II
I • I r
'
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that
the above and foregoing is a true cof y of a Bill for an Ordinance, introduced, read in full ,
and passed on first reading on the 4 day of June, 2007 .
Loucrishia A. Ellis
-2-
-~---·
Englewood Department of Safety Services
07-38
Reports shall be sent to:
Lisa Lawrence, Grant Evaluator
VALE Board
District Attorney's Office
7305 South Potomac Street, Suite 300
Centennial, Colorado 80112-4031
(720) 87 4-8608
(5) Failure to submit these required reports on the dates due may result in suspension of the
grant, termination of the grant, return of awarded funds or the loss of future funding by VALE.
(6) Special conditions for the award which have been stipulated between the VALE Board and
the grant recipient are as follows:
NONE
(7) Any equipment purchased with VALE funds must remain with the grant recipient.
Equipment must be used for the purpose designated in the grant application. Any use by
others or transfer of ownership must be reported to the VALE Board, in writing, prior to the
occurrence of such use or transfer. The Board may approve such use or transfer or may
request return of the equipment.
(8) Any change in the use of grant funds shall be approved by the VALE Board. The request
for such change shall be in writing. Approval of the VALE Board shall be obtained prior to any
such use .
(9) Amendment of any other terms of this contract shall have prior approval of the Board.
Requests for amendment shall be in writing .
(10) The grant recipient shall submit written notification by June 1, 2008 to the VALE Board if
the grant recipient will have any remaining funds at the end of the grant period .
All unused funds shall be returned to the VALE Board unless the grant recipient makes a
request in writing for use of the funds beyond the grant period and such request has been
approved by the VALE Board.
Such requests shall include :
The amount of remaining funds
How the funds will be used
When the funds will be expended
Why the funds were not expended .
2
Englewood Department of Safety Services
07-38
Upon receipt of the request, the VALE Board shall decide whether to grant or deny the request
without further presentation or hearing.
( 11) The grant recipient agrees that all funds received under this grant shall be expended
solely for the purposes stated above and that any funds not so expended, including funds lost
or diverted to other purposes, shall be repaid to the VALE fund .
( 12) The grant recipient agrees to comply with the letter and spirit of the Colorado Anti-
discrimination Act of 1957, as amended, and other applicable law respecting discrimination
· and unfair employment practices (C.R.S . Sec . 24-34-402) and required by Executive Order,
Equal Opportunity and Affirmative Action, date April 16, 1975.
(13) Non-compliance with this contract may include failure to submit reports, making
unapproved changes to the budget, performance failures or adherence to special conditions.
Non-compliance with any portion of this contract may result in:
Suspension of grant funds
Termination of grant
Withholding of funds
Requiring grant recipient to return money to the VALE fund
Other action as deemed necessary by the members of the VALE Board
Any combination of the above .
(14) All grant recipients shall make available to the Board or its authorized designee all current
books, records, procedures or other information relative to the grant application and
implementation.
(15) The funds granted by this contract for Victim Services shall be disbursed in quarterly
installments pending VALE Board approval of all required reports and verification of expenses .
The funds granted by this contract for equipment may be dispersed by a single payment for
the full amount, pending VALE Board approval of all required reports and verification of
expenses.
3
Englewood Department of Safety Services
07-38
The grant recipient, through the following signatories, understands and agrees that any VALE
monies received as a result of the awarding of the grant application shall be subject to the
terms of this~.
Ll@----. Date {/r:Jt(o2
Project Director {
Chris Olson, Safety Services Director
Date ------------Financial Officer
Frank Gryglewicz, F/AS Director
Date ------------
Date __ 5_~q.,__._-0_7~--
Patti Snell
Chair, VALE Board
Authorized Official : The authorized offic ial is the person who is , by virtue of such person 's pos ition , authorized to
enter into contracts for the grant rec ipient.
T h is could include: Mayor or C ity Manager, Chairperson of the County Commiss ioners , D is tric t Atto rn ey , Pres iden t
or Chairperso n of the Board of Directors, Su peri ntendent , or ot her C hi ef Ex ecutive Offi ce r .
Financial Officer: The person is responsible for all financial matters related to the program and who has
responsibility for the accounting , management of funds, verification of expenditures, audit information and financial
reports. The person who actually prepares the finical reports may be under the supervision of the Financial
Officer. The Financial Officer must be a person other than the Authorized Official or the Project Direc tor.
Project Director: The person who has direct responsibility for the implementation of the project. Th is person
should combine knowledge and experience in the project area with ability to administer the project and supervise
personnel. He/she shares responsibility with the financial Office for seeing that all expenditures are within the
approved budget. This person will normally devote a major portion of his/her time to the project and is responsible
for meeting all reporting requirements . The Project Director must be a person other than the Authorized Official or
the Financial Officer.
4
)
ORDINANCE NO.
SERIES OF 2007
BY AUTHORITY
COUNCIL BILL NO. 37
INTRODUCED BY COUNCIL
MEMBER WOODWARD
AN OIDINANCE REJIBALINO TITLE 6, CHAPTER 1, SECTION 8, OF THE
ENGLEWOOD MUNICIPAL CODE 2000 , PERTAINING TO SMOKING.
WHEREAS , Title 6-1-8 of the Englewood Municipal Code 2000 was adopted for the
health and safety of the City of Englewood and its citizens which have always been an
Englewood City Council priority; and
WHEREAS, Colorado House Bill 06-1175, "The Colorado Clean Indoor Air Act", has
been passed with the intent of preserving and improving the health, comfort and
environment of Colorado residents by limiting their exposure to tobacco smoke; and
WHEREAS, Title 6-1-8 EMC has become obsolete by the enactment of Colorado
House Bill 06-1175 because State Statute supersedes current Code provisions ;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the
repeal of Title 6 , Chapter l , Section 8, entitled "Smoking" of the Englewood Municipal
Code 2000, in its entirety.
Section 2 . Safety Clauses. The City Council hereby finds , determines , and declares
that this Ordinance is promulgated under the general police power of the City of
Englewood, that it is promulgated for the health, safety, and welfare of the public, and
that this Ordinance is necessary for the preservation of health and safety and for the
protection of public convenience and welfare. The City Council further determines that
the Ordinance bears a rational relation to the proper legislative object sought to be
obtained.
Section 3 . Severability. If any clause, sentence, paragraph, or part of this Ordinance
or the application thereof to any person or circwnstances shall for any reason be
adjudged by a court of competent jurisdiction invalid, such judgment shall not affect,
impair or invalidate the remainder of this Ordinance or it application to other persons or
circumstances .
Section 4 . Inconsistent Ordinances . All other Ordinances or portions thereof
inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed
to the extent of such inconsistency or conflict .
-1-
9b i
Section 5. Effect of repeal or modification. The repeal or modification of any
provision of the Code of the City of Englewood by this Ordinance shall not release,
extinguish, alter, modify, or change in whole or in part any penalty, forfeiture , or
liability, either civil or criminal, which shall have been incurred under such provision,
and each provision shall be treated and held as still remaining in force for the purposes
of 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 .
Introduced, read in full, and passed on first reading on the 21st day of May, 2007.
Published as a Bill for an Ordinance on the 25th day of May, 2007.
Read by title and passed on final reading on the 4th day of June, 2007 .
Published by title as Ordinance No._, Series of 2007 , on the 8th day of June, 2007 .
Olga Wolosyn, Mayor
ATTEST:
Loucrishia 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 the Ordinance passed on final reading and
published by title as Ordinance No ._, Series of 2007.
Loucrishia A. Ellis
-2-
COUNCIL COMMUNICATION
Date:
June 4, 2007
Initiated By:
Agenda Item:
9cl
Department of Public Works
Subject:
Award Contract for Servicenter Roof Repairs
Staff Source:
Rick Kahm, Director
Jim Kavinsky, Operations Manager
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
No previous Council action.
RECOMMENDED ACTION
Staff requests Council approve, by Motion, awarding a contract with CRW Roofing Company in the
amount of $63,357 for repairs to the Servicenter roof.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Public Works Department utilized the services of Cave Consulting Group to identify problems
with leaking roofs for the main Servicenter building as well as Building No. 8 (the Metal Shop).
Cave Consulting also determined the best corrective action and provided technical assistance in the
bid process.
The main Servicenter building houses the Fleet Garage operation and administrative offices, as well
as maintenance areas for the Traffic, Parks, Utilities, and Building Maintenance Divisions. Building
No. 8 is the City's Metal Shop for the welder. The roofs on both buildings are the original metal
from the opening of the Servicenter in 1970. The top coating system has deteriorated, and there is
the potential for increased leaks at seam locations as well as points of roof penetrations for vent
stacks, HVAC units and furnace flues.
FINANCIAL IMPACT
Four bids were received for this project. CRW Roofing Company provided the low bid of $63 ,357.
Servicenter Main Building
Bldg. No. 8
$55,476
7,881
$63,357
Adequate funding is available in the Servicenter Fund .
LIST OF ATTACHMENTS
Bid T bul tion Sh t
ntr t
City of Englewood Bid Tabulation Sheet
Bid Opening Date : May 10, 2007 10:00 a.m.
ITEM BID : IFB-07-118 Servicenter & Bldg 8 Roof Repair
Bid Add Metal Roof Metal Roof Bldg
lvendor Bond Y/N Servicenter 8
Amine RooflOO , Inc
SleYe 303-295-n59 y y $ 88 ,0 50 .00 $ 11,100.00
_.780 Vert St
OenwJr, co 80216
B&M:---"~
lrm 303-443-5&43 N y $ 79,500.00 $ 14,800.00
3768 Eureka Wav
Fredelick, CO 80516
~-. ._....inu
Pa 720-348-0438 y y $ 55,478 .00 $ 7,881.00
14421 Inca St
Denver, co 80211
O& D RooflOO
Derrick 303-287-3043 $ -$ -
18270 E 50th Ave
!Commerce City CO 80022
:~-Roofina
Dan 303-684-9815 $ -$ -
1902 Lochmore Or
Lui-"""• CO 80501
ITm Too RooflOO Inc
Doua 303-979-8990 $ -$ -
7233 S Yukon St
Ullleton , CO 80128
WealherSure
Dave 303-781-5454 y y $ 57,848 .00 $ 8,819.00
3333 S Platte River Dr
-,C080110
Total Exceptions:
$ 77 ,150.00 See Bid documents
$ 94 ,300.00 See Bid documents
No bid bond inclosed at opening
$ 83,357.00 See Bid documents
Bid bond given in form of a check
Check #128114 $3200.00
$ -NOBID
$ -NOBID
$ -NOBID
$ 88,487.00 See Bid documents
IFB-07-118Servicenterbldg8RoofT ab .xis
CONTRACT
CITY OF ENGLEWOOD , COLORADO
THIS CONTRACT and agreement, made and entered into this __ day of
_____ , 2007, by and between the City of Englewood , a municipal corporation of
the State of Colorado hereinafter referred to as the "City", and CRW , Inc ., whose
address is 4421 Inca St., Denver, CO 80211, ("Contractor"). Commencing on the __
day of _____ _, 2007, and continuing for at least ten (10) days thereafter the
City advertised that sealed proposals would be received for furnishing all labor, tools ,
supplies, equipment, materials and everything necessary and required for the following :
PROJECT: ENGLEWOOD SERVICENTER & BUILING 8 METAL ROOF
RESTORATION
WHEREAS , proposals pursuant to said advertisement have been received by the Mayor
and City Council and have been certified by the Director of Public Works to the Mayor
and City Council with a recommendation that a contract for work be awarded to the
above named Contractor who was the lowest reliable and responsible bidder therefore,
and
WHEREAS , pursuant to said recommendation the Contract has been awarded to the
above name Contractor by the Mayor and City Council and said Contractor is now willing
and able to perform all of said work in accordance with said advertisement and his
proposal.
NOW THEREFORE , in consideration of the compensation to be paid the Contract , the
mutual agreements here inafter conta ined :
A. Contract Documents : It is agreed by the parties hereto that the follow ing li st of
instruments , drawings and documents wh ich are attached or incorporated by reference
consti tu te an d s hall be referred to either as th e Cont ract Do c um en ts or th e Con tract and
all of said instruments, drawings, and documents taken together as a whole constitute
the Contract between the parties hereto and they are as fully a part of this agreement as
if they were set out verbatim and in full :
Invitation for Bid
General Conditions and Minimum Specifications
Contract (this instrument)
Special Provisions Insurance
B. Scope of Work : The Contractor agrees to and shall furnish all labor, tools ,
supplies, equipment , materials and everything necessary for and required to do , perform
and complete all the work described , drawn , set forth , shown and included in said
Contract Documents .
C. Terms of Performance: The Contractor agrees to undertake the performance of the
work under this Contract within ten (10) days from being notified to commence work by
the Director of Public Works and agrees to fully complete said work shall be completed
within 60 days of Notice of Award, plus such extension or extensions of time as may be
granted by the Director of Public Works in accordance with the provisions of the Contract
Documents and Specifications.
D. Indemnification: The City cannot and by this Agreement/Contract does not agree to
indemnify, hold harmless, exonerate or assume the defense of the Contractor or any other
person or entity, for any purpose. The Contractor shall defend , indemnify and save
harmless the City, its officers, agents and employees from any and all claims, demands ,
suits , actions or proceedings of any kind or nature including Worker's Compensation
claims , in any way resulting from or arising out of this Agreement/contract: provided,
however, that the Contractor need not indemnify or save harmless the City, its officers ,
agents and employees from damages resulting from the sole negligence of the City 's
officers, agents and Employees.
E. Termination of Award for Convenience : The City may terminate the award at any
time by giving written notice to the Contractor of such termination and specifying the
effective date of such termination , at least thirty (30) days before the effective date of such
termination. In that event all finished or unfinished service, reports, material (s) prepared or
furnished by the Contractor after the award shall , at the option of the City, become its
property. If the award is terminated by the City as provided herein , the Contractor will be
paid that amount which bears the same ratio to the total compensation as the services
actually performed or material furnished bear to the total services/materials t he Contractor
covered by the award , less payments of compensation previously made . If the award is
terminated due to the fault of the Contractor, the clause relating to termination of the award
for cause shall apply.
F. Termination of Award for Cause : If, through any cause, the Contractor shall fail to fulfi ll
in a timely and proper manner its obligations or if the Contractor shall violate any of the
covenants , agreements or stipulations of the award , the City shall have the r ight to
term inate the award by giving written not ice to the Contractor of such term inat ion and
specifying the effect ive date of terminat ion . In that event, all furnished or un fi nished
serv ices , at the option of the City, become its property , and the Contractor sh all be ent itled
to re ce ive j ust, equ itable compensation for any sat isfac tory wo rk docume nts, prepared
completed or materials as furnished .
Notwithstanding the above, the Contractor shall not be relieved of the liability to the City for
damages sustained by the City by virtue of breach of the award by the Contractor, and the
City may withhold any payments to the Contractor for the purpose of set off until such time
as the exact amount of damages due the City from the Contractor is determined.
G. Terms of Payment: The City agrees to pay the Contractor for the performance of all
the work required under this contract, and the Contractor agrees to accept as his full and
only compensation therefore, such sum or sums of money as may be proper in
accordance with the price or prices set forth in the Contractor's proposal attached and
made a part hereof, the total estimated cost thereof being sixty-three thousand , three
hundred fifty seven dollars and no cents ($6 3,357.0 0).
·,
D
,.
C.
H. Appropriation of Funds : At present, $63,657.00 has been appropriated for the
project. Notwithstanding anything contained in this Agreement to the contrary, in the
event no funds or insufficient funds are appropriated and budgeted by the governing
body or are otherwise unavailable in any following fiscal period for which appropriations
were received without penalty or expense except as to those portions of the Agreement
or other amounts for which funds have already been appropriated or are otherwise
available. The City shall immediately notify the contractor or its assignee of such
occurrence in the event of such termination.
I. Contract Binding: It is agreed that this Contract shall be binding on and insure to the
benefit of the parties hereto, their heirs, executors, administrators, assigns, and
successors.
Verification of Compliance with C.R.S. 8-17.5-101 ET.SEQ. Regarding Illegal Aliens
(a) Employees, Contractors and Subcontractors: Contractor shall not
knowingly employ or contract with an illegal alien to perform work under this Contract.
Contractor shall not contract with a subcontractor that (i) knowingly employs or contracts
with an illegal alien to perform work under this Contract or (ii) fails to certify to the
Contractor that the subcontractor will not knowingly employ or contract with an illegal
alien to perform work under this Contract. [CRS 8-17.5-102(2)(a)(I) & (II).]
(b} Verification: Contractor has verified or attempted to verify through
participation in the "basic pilot program" (authorized by P.L.204 of 1041h Congress
and amended by P.L.156 of 1081h Congress) that Contractor does not employ
any illegal aliens . And, if not accepted into the "basic pilot program " prior to
entering into this Contract, Contractor further verifies, Contractor will apply to
participate in the "basic pilot program " every three months until Contractor is
accepted or this Contract is completed, whichever is earlier. [CRS 8-17 .5-
102(2)(b )(I).]
(c) Limitation regarding the "Basic Pilot Program : Contractor shall not use
basic pilot program procedures to undertake pre-employment screening of job
applicants while performing this Contract. [CRS 8-17.5-102(2)(b)(II).]
(d) Duty to Terminate a Subcontract: If Contractor obtains actual knowledge
that a subcontractor perform ing work under th is Contract knowingly employs or
contracts with an ill egal alien, the Contractor shall;
(1) Notify the subcontractor and the City within three days that the
Contractor has actual knowledge that the subcontractor is employing or
contracting with an illegal alien; and
(2) Terminate the subcon tract with the subcontractor if, within three days
of receiving notice that the Contractor has actual kno w le dge tha t the
subcontractor is employing or contracting with an illegal alien, the
subcontractor does not stop employing or contracting with the illegal
alien. [CRS 8-17.5-102(2)(b)(lll)(A) & (8).)
(3) Exception : If the subcontractor provides information to establish that
the subcontractor has not knowingly employed or contracted with an
illegal alien and the subcontractor stops employing or contracting with the
illegal alien .
(e) Duty to Comply with State Investigation : Contractor shall comply with any
reasonable request of the Colorado Department of Labor and Employment made
in the course of an investigation pursuant to C.R.S. 8-17.5-102 (5). [CRS 8-17.5-
102(2)(b )(IV).)
(f) Damages for Breach of Contract: The City may terminate this contract for a
breach of contract, in whole or in part, due to Contractor's breach of any section
of this paragraph. Contractor shall be liable for actual and consequential
damages to the City in addition to any other legal or equitable remedy the City
may be entitled to for a breach of this Contract.
IN WITNESS WHEREOF, the parties have caused these presents to be signed
personally or by their duly authorized officers or agents and their seals affixed and duly
attested the day and year first above written .
This Contract is executed in 4 counterparts.
CRW, Inc.
Contractor
by~~~~~~~~~~~~~
Party of the Second Part
ATTEST :
Secretary
CITY OF ENGLEWOOD
by~~~~~~~~~~~~~
Mayor
Party of the First Part
ATTEST :
City Clerk
'
D
City of Englewood
AGENDA ITEM 10 (a)
PUBLIC HEARING ROSTER
DATE: June 4, 2007
Public Hearing to gather input on Council Bill No. 35, approving
the proposed amendment to Title 16, Chapter 6, Section 13.E.17
of the Englewood Municipal Code allowing City approved districts
to install banners on South Broadway streetlights.
PLEASE PRINT
NAME ADDRESS
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NAME ADDRESS
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PROOF OF PUBLICATION
THE
ENGLEWOOD HERALD
STATE OF COLORADO
COUNTY OF ARAPAHOE
t
I, Asa Cole , do solemnly swear that
I am the Presid1 '10ublisher of The Englewood
Herald and that ~"' "e is a weekly newspaper
published in the City of Littleton , in the County
of Arapahoe , State of Colorado, and has a
general circulation therein ; that said newspaper
has been published continuously and
uninterruptedly in said County of Arapahoe
for a period of more than 52 weeks prior to
the first publication of the annexed notice ;
that said newspaper is entered in the Post
Office of Littleton , Colorado as Second
Class Mail matter and that the said news -
paper is a newspaper within the meaning of
the act of the General Assembly of the
State of Colorado , approved March 30 ,
1923 , and entitled 'Legal Notices and
Advertisements' and other acts relating to
the printing and publishing of legal notices
and was published in the regula r and entire
issues of said newspaper, once each week ,
on the same day of each week , fo r a pe ri od
of
1 consecutive insertions and that the
fi rst publ ication of said notice was in the issue
of sa id newspaper dated Mav 25. 2007 ,
The last publication of said notice was in
the issue of said newspaper dated
May 25 2007 .
____All_
Signature of Pres ide nt/Publisher
Asa Cole
Subscribed and sworn to before me . a Notary Public,
this 2.51!!. day of~-
Signature of Notary Public
CHERI A. PETERSEN
NOTARY PUBLIC
STATE OF COLORADO
My Comm l11ion E•plre1 I 1/09/200II
PUBLIC NOTICE
CITY OF ENGLEWOOD
N01IGI! OP PU11UC HIMINCI
Notice la heNby glwn that lhe City
Councll of the City of Englewood,
COIOfNO, hH aolleclulecl • Publlo
Hearing at a Regulat City Councll
Meeting on J-•. 2007. at 7:30 p.m .
In Iha City Council ChunbaN of
l!nglawooel Civic Centar. 1000
Englawooel Partiwlllf, to plhar Input
on AN ORDINANCE AMENDING
TITLE 11, CHAPTER I, SECTION 13,
SUBSECTION E(17), OF THE
ENGL.eWOOD MUNICIPAL CODI!
2000. PERTAINING TO THE SOUTH
BROADWAY DISTRICT
IDl!NTIFICATION BANNl!RS.
(COUNCIL BILL NO. 3S)
All lntaffftad l*tl• 111811' ellpNU
oplnlona In paiaon at the Publlc
Hearing or In wr111ng IO ba ~
by Iha City Clartl blf 5:00 p.m. on
June ,, 2007. Anl/'Ona wl9hlng to
•Pffk Ill Iha Publlo Hearing may call
Iha City Clerll'1 Ofl'lca, 303.712.NOS
or 303 .712.UOT to achadula their
..,_talion or• alg~p eheet wtll
ba available at Iha door.
all' order of the l!nglewood City
Councll.
Loucrtehla A. l!llls, MMC
City Clartc
City of Englawoo4
1000 Englewood Patt&wey
l!nglewood, Colof9clo 80110
C.
BY AUTHORITY
OltDJNAN).' NO.
SERIES QFib07
COUNCIL BILL NO. 35
INTRODUCED BY COUNCIL
MEMBER~~~~~~-
ABil.LFOR
AN ORDINANCE AMENDING TITLE 16, CHAPTER 6, SECTION 13, SUBSECTION E(l 7),
OF TIIE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO THE sourn
BROADWAY DISTRICT IDENTIFICATION BANNERS .
WHEREAS, the South Broadway Englewood Business Improvement District (SBEBID) wishes to
install banners to be affixed to the streetlights to create an economically vibrant business district ; and
WHEREAS, the passage of this proposed ordinance would allow Council approved districts to
install banners on the streetlights; and
WHEREAS, installation of City authorized banners would be managed through a licensing
agreement with the City of Englewood; and
WHEREAS , the Englewood Planning and Zoning Commission recommended amending the
Englewood Municipal Code 2000 to allow authorized banners to be affixed to streetlights in the
public right-of-way ;
NOW, THEREFORE, B E IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The City Council of the City of Englewood , Colorado hereby authorizes
amending Title 16 , Chapter 6, Section 13 , Subsection E( 17), of the Englewood Municipal Code
2000 , to read as follows :
16-6-13 : Signs .
E. Signs N ot Subject to Permits.
17 . South Broadway District Identification Banners. City owned w
meiRieiReEI banners or banners authorized by City License which are
affixed to streetlights in the South Broadway right-of-way for the
purpose of EleliReatiRg identifying the various South Broadway
Ae•ie R PIBA tlDistricts.
Introduced , read in full , and passed on first reading on the 21st day of May 2007 .
1Ga
Published as a Bill for an Ordinance on the 25th day of May, 2007.
Olga Wolosyn, Mayor
ATTEST:
Loucrishia 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 a Bill for an Ordinance, introduced, read in full, and passed on
first reading on the 21st day of May, 2007.
Loucrishia A. Ellis
ORDINANCE NO .
SERIES OF 2007
BY AUTHORITY
COUNCIL BILL NO . 36
INTRODUCED BY COUNCIL
MEMBER WOODWARD
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL GRANT AGREEMENT
ENTITLED "INTERGOVERNMENTAL AGREEMENT REGARDING 2006 GRANT OF
ARAPAHOE COUNTY OPEN SPACE PROGRAM FUNDS PROJECT NAME: SOUTH
PLATTE RIVER OXBOW HABITAT/WETLANDS", BETWEEN THE CITY OF
ENGLEWOOD, COWRADO AND THE BOARD OF COUNTY COMMISSIONERS OF
ARAPAHOE COUNTY, STATE OF COLORADO .
WHEREAS , in November 2003 the voters of Arapahoe County approved a county-wide sales
and use tax to be used for specified Open Space purposes as set for the in County Resolution No.
030381 ; and
WHEREAS , County Resolution No . 030381 authorized the County to award grants of funds
from the Open Space Sales and Use Tax ("Grant Funds") to be distributed to municipalities ; and
WHEREAS , the Englewood City Council authorized an amended IGA with the Board of
County Co mmissioners of the County of Ara pahoe pertaining to "Open Space" Tax Shareback
Funds , providing match fund in g fo r Grant proj ects w ith the passage o f Ordinance No . 1, Se ries
o f 2 004/2 005 ; and
WHEREAS , the Englewood C ity Council approv ed the Adoption of the South Platte Ri v er
Open Space Plan which became part of Roadmap Englewood 2003 : En g lewood Co mpreh en s ive
Pla n w ith the passage of Resolution No . 72 , Series of 2003 ; and
WHEREAS , the 2003 South Platte Ri ver Plan identified a seri es of projects and purch ases
that add capacity and impro ve the qual ity of the recreation experience in the communi ty; and
WHEREAS , th e Ci ty of Englewood sub mitted an application for the award of grant fun d s
from th e Open Space Sales and Use Tax ("Grant Funds") to b e d is tri buted to municipalities; an d
WHEREAS, the City of Englewood has been awarded an Arapahoe County Open Space
Program Grant in the amount not to exceed $250,000 for the South Platte River Oxbow
Habitat/Wetlands ("Grant Project''); and
WHEREAS , the "South Platte River Oxbow Habitat/Wetlands" is approximately 2.82 acres of
land adjacent to the Colorado Water Conservation Board 's South Platte River Right-of-Way of
which the 2 .21 acres parcel , within the City of Englewood will be owned and maintained by the
Cit of Englewood and the .39 acre parcel . within Littleton will be owned and maintained by the
ity of Littleton; and
WHEREAS, the property will be leased back to the current owner for not more than five years
for a n minal fee ; and
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WHEREAS, this Ordinance will authorize the Intergovernmental Grant Agreement between
the Board of County Commissioners of Arapahoe, State of Colorado for the Englewood
Trailhead Improvements for the purpose of acquiring property for recreation, open space,
wetlands and habitat;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The Intergovernmental Grant Agreement between the City of Englewood,
Colorado and the Board of County Commissioners of Arapahoe County, State of Colorado
entitled "Intergovernmental Agreement Regarding 2006 Grant Of Arapahoe County Open Space
Program Funds Project Name: South Platte River Oxbow Habitat/Wetlands", attached as
"Exhibit l ", is hereby accepted and approved by the Englewood City Council.
Section 2 . Pursuant to Article V, Section 40, of the Englewood Home Rule Charter, the City
Council has detennined that Exhibit A of Exhibit 1, attached to this Ordinance shall not be
published because of its size. A copy of Exhibit A of Exhibit 1, is available in the Office of the
Englewood City Clerk.
Section 3 . The Mayor is authorized to execute and the City Clerk to attest and seal the
Intergovernmental Grant Agreement for and on behalf of the City of Englewood, Colorado .
Introduced, read in full , and passed on first reading on the 21st day of May, 2007 .
Published as a Bill for an Ordinance on the 2 5th day of May, 2007 .
Read by title and passed on final reading on the 4th day of June, 2007.
Published by title as Ordinance No . _, Series of 2007, on the 8th day of June, 2007 .
Olga Wolosyn, Mayor
ATTEST :
Loucrishia 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 the Ordinance passed on final reading and published by
title as Ordinance No._, Series of 2007.
Loucrishia A. Ellis
F
INTERGOVERNMENTAL AGREEMENT REGARDING
2006 GRANT OF ARAPAHOE COUNTY OPEN SPACE PROGRAM FUNDS
PROJECT NAME: SOUTH PLATTE RIVER OXBOW HABITAT/WETLANDS ·
This Intergovernmental Agreement ("Agreement"), is made and entered into by and
between THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
ARAPAHOE, ST ATE OF COLORADO, (the "County") and the CITY OF ENGLEWOOD,
a municipality and political subdivision of the State of Colorado (the "Grantee").
WHEREAS, on November 4, 2003, the voters of Arapahoe County approved a county-
wide sales and use tax to be used for specified Open Space purposes as set forth in County
Resolution No. 030381; and
WHEREAS, Resolution No. 030381 authorizes the County to award grants of funds from
the Open Space Sales and Use Tax ("Grant Funds") to be distributed to municipalities, as more
fully set forth therein;
·wHEREAS, on May 23, 2006, the County approved the Grantee's Project Application,
which is attached hereto and incorporated by reference herein as Exhibit A, ("Project
Application"), subject to the execution of an intergovernmental agreement and subject to the
terms and conditions contained herein;
WHEREAS, the County desires to enter into intergovernmental agreements, as a
condition of grant approval, with such municipalities and special districts that have been
approved for grants from the County; and
WHEREAS, th~se intergovernmental agreements are authorized by Article XIV , Section
18 of the Colorado Constitution and COLO . REV . STAT.§ 29-1-203 (2005).
NOW, THEREFORE, the County and the Grantee agree as follows:
1. Amount of Grant. The County agrees to provide Grantee with Grant Funds in the
amount not to exceed $250,000.00 from the Arapahoe County Open Space
Program for the South P latte River Oxbow Habitat/Wetlands ("Grant
Project").
2. Use of Grant Funds. The Grantee agrees that it shall only use the Grant Funds
for the Grant Project, as set forth in Exhibit A.
3. Time For Use of Grant Funds . The Grantee agrees that such Grant Funds will be
e xpended by no later than one year from the date of this Agreement, unless a
lo nger p eriod of time is otherwise agreed to by the County in writing .
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5.
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9.
Interest on Grant Funds. The Grantee further agrees that, after receipt of its
Grant, the Grantee will use any interest earned on the Grant only for the Grant
Project as set forth in its approved grant application.
Administration of Grant Project. The Grantee shall be responsible for the direct
supervision and administration of the Grant Project. The County shall not be
liable or responsible for any cost overruns on the Grant Project. Nor shall the
County shall have any duty or obligation to provide any additional funding for
the Grant Project if the Grant Project cannot be completed with the amount of
Grant Funds awarded by the County to the Grantee.
Grant Project Site Visits. Upon 24 hours written notice to the Grantee,
the Grantee agrees to allow the County to make site visits before, during, and/or
at the completion of the Grant Project.
Acknowledgement of County by Grantee. The Grantee agrees to acknowledge the
County as a contributor to the Grant :?roject in all publications, news releases and . .
other publicity .issued by the Grantee related to the project and agrees to allow the
County to do the same. If any events are planned in regard to the Grant Project,
the County shall be acknowledged as a contributor in the invitation to such events.
Grantee shall cooperate with the County in preparing public information pieces ,
providing photos of the Grant Project from time to time, and providing access to
the Grant Project for publicity purposes.
Required Sign at Project Site. Grantee agrees . to erect at least one sign in a
publicly visible area in recognition of the grant from the Arapahoe County Open
Space Program . The location, form, design, and wording of such sign shall be
approved by the County. Such sign shall be erected prior to the completion of the
Grant Project or its public opening, whichever 'is the earlier.
R ep ort Requirem e nts . On or before December 3 1, 2007 , the Grantee agre e s to
provi de the Cou nt y w it h an annual update d repo rt that · describ e s the amo unt of
progress in completing the Grant Project, Grant Project milestones, and the use of
the Grant Funds to date. Upon completion of the Grant Project, the Grantee also
agrees to submit to the County a final report, including a letter that certifies what
the Grant Funds have been used for and that the Grant Funds have been used in
accordance with County Resolution No. 030381. In additio n to the fina l report,
Grantee shall also submit to th e County a final project summary that discusses the
Grant Project and includes photographs of the various stages of the Grant Project
d velopment, including a photograph of the Grant Project at the time of
complet ion. TI1e County shall be allowed to use the above photographs in
public, tions, public information updates, and on the County web site. The
rantee further agrees to provide the County with an e lectronic copy of the final
rep rt and proje t summary along with digital photographs .
10 . Failure to Submit Required Reports. Upon written notice from the County 's Open
Space Manager, informing the Grantee that it has failed to submit any required
annual update report and/or final report, the Grantee shall submit such reports to
the County through the County's Open Space Manager within thirty (30) days ,
and, if it fails to do so, the Grantee shall be deemed to be in violation this
Agreement. The Grantee shall be ineligible for any future Grant Funds , until and
unless such reports have been submitted to the County's Open Space Manager .
11. Record Keeping Requirements. The Grantee shall maintain a complete set of
books and records documenting its use of the Grant Funds and its supervision and
administration of the Grant Project. The County or any of its duly authorized
representatives shall have reasonable access to any books, documents, papers, and
records of the Grantee which are pertinent to the Grant Project for the purpose of
making an audit, examination, or excerpts. The Grantee shall keep all books,
documents, papers, and records, which are pertinent to the Grant Project, for a
minimum of three years.
12. Reimbursement of Grant Funds. The Grantee understands and agrees that if the
Grant is not used in accordance with its approved Grant Application and/or this
. Agreement, the County may require the Grantee to reimburse the County in the
,..,,,.. 'amounfofsuch Grant Funds that areiiof u se dTor-tlie Grant P roj ec t. ... --
13 . Remedies . The rights and remedies of the County as set forth in this Agre e ment
shall not be exclusive and are in add ition to any other rights or remedies provided
by law.
14 . No Waiver of Rights . A waiver by either party to this Agreement of the breach of
any term or provision of this Agreement shall not operate or be construed as a
waiver of any subsequ ent breach by either party .
15. Ch anges to Grant Pro ject. The Grantee ag ree s and under st ands th at its Grant
Project, once it has been approve d by the Co unty, may not be change d without the
County's prior approval. Changes must be requested in writing and may not begin
until an amendment to this Agreement has been approved by the County.
16 . Transfer of Interest in Grant Project. The Grantee understands and agrees that no
land or interests acquired with the Grant Funds as part of the Grant Project may
be sold, leased, traded, or otherwise conveyed, nor may an exclusive license or
permit on said land or interests be given, without prior approval of the Grantee 's
gove rning body after conducting a public hearing. The Grantee further agrees if
suc h sale, lease , trade or conveyance is made or an exclusive license or interest
has been given, the proceeds shall be deposited in an open space fund to be used
for purposes consistent with Reso lution No . 030381.
17 . R Inti n. hip of the Parties . The Grantee shall perform all duties and obligations
und r thi Agreement as a11 independent contractor and hall not be deemed by
18.
19.
20.
21.
virtue of this Agreement to have entered into any partnership, joint venture,
employer/employee, or other relationship with the County .
No Third Party Beneficiaries. Nothing in this Agreement shall give or allow any
claim or right of action whatsoever by any third party, including, but not limited
to, any agents or contractors of the Grantee.
Severability. Should any one or more provisions of this Agreement be determined
to be illegal or unenforceable, all other provisions nevertheless shall remain
effective; provided, however, the parties shall forthwith enter into good faith
negotiations and proceed with due diligence to draft a provision that will achieve
the original intent of the parties hereunder.
Written Amendment Required. This Agreement may be amended, modified, or
changed, in whole or in part, only by written agreement duly authorized and
executed by the County and the Grantee.
Venue. Venue for the trial of any action arising out of any dispute hereunder shall
be in Arapahoe County District Court, pursuant to the appropriate rules of civil
.· procedure .
.. , . -~--~· .. : ,\,-: .... ·: ;-•• .. ,:-· ---_ .. ---· . ' -..:..... _.,. . . ........ ;
22. Notices. Notices, as referred to in this Agreement, shall be . sent to :
COUNTY: Board of County Commissioners of Arapahoe County
5334 South Prince Street
Littleton, Colorado 80166-0001
and
Arapahoe County Attorney
5334 South Prince Street
Littleton, Colorado 80166-0001
and
Arapahoe County Open Space Manager
Arapahoe County Public Works and Development Department
10730 East Briarwood A venue, Suite 100
Centennial, Colorado 80112-3853
and
ITY: Mark Graham, Senior Planner
City of Englewood, Community Development Dept.
1000 Englewood Parkway
Englewood, Colorado 80110
4
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and
Daniel Brotzman, City Attorney
1000 Englewood Parkway
Englewood, Colorado 80110
23. Applicable Law. This Agreement shall be construed and enforced in accordance
with the laws of the State of Colorado .
24. Extent of Agreement. This Agreement constitutes the entire agreement of the
parties hereto. The parties agree that there have been no representations made
regarding the subject matter hereof other than those, if any, contained herein, that
this Agreement constitutes the entire agreement of the patties with respect to the
subject matter hereof, and further agree that the various promises and covenants
contained herein are mutually agreed upon and are in consideration of one
another.
25. Attorney Fees. If litigation is commenced by either party concerning this
-:_--: -Agreement, the prevailing partf shall be entitled · to recover its reasonable
attorney 's fees and costs from the other party .
26. Counterparts . This Agreement may be executed in multiple counterparts, each of
which will be deemed to be an original and all of which taken together will
constitute one and the same agreement.
27. Incorporation of Exhibits . Unless otherwise stated in this Agreement, any
exhibits, applications, resolutions, or other documents referenced in this
Agreement shall be incorporated by reference into this Agreement for all
purposes.
28. Section Headings. The headings for any section of this Agreement are only for the
convenience and reference of the parties and are not intended in any way to
define, limit or describe the scope or intent of this Agreement.
2 9 . Signatures . The signatories to this Agreement represent that they are fully
authorized to execute this Agreement and bind their respective entities .
5
IN WITNESS WHEREOF, the County and the Grantee have executed this Agreement as
of the date set forth below.
DA TED this ___ day of ________ j • 2 0 0 7
ATTEST:
By: _______ _
City Clerk
Loucrishia A. Ellis
APPROVED AS TO FORM:
.By: ________ _
City Attorney
ATTEST:
By : ________ _
Nancy A. Doty,
Clerk to the Board
APPROVED AS TO FORM:
By : _________ _
Assistant County Attorney
GRANTEE: CITY OF ENGLEWOOD
By: ________ _
Name -Olga Wolosyn
Title Mayor
COUNTY OF ARAPAHOE
STA TE OF COLORADO
By: ________ _
Rod Bockenfeld,. Chair, Board of County
Commissioners
6
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Page 1 of 15
Arapahoe
County
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Colorado's First
2006
ARAPAHOE COUNTY
Open Space, Parks, and Trails
Grant Application
Applicant Name: City of Englewood
Project Name: South Platte River Oxbow Habitat / Wetlands
Contact Information: Mark Graham , Senior Planner
Englewood Community Development Dept.
1000 Englewood Pkwy, Englewood, CO 8011 O
303.762.2353 ph, mgraham@englewoodgov.org
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TABLE OF CONTENTS
Section Page Number
Part A. Executive Summary Page4
Part B. Contact & General Project Information Page3
Part C. Open Space Acquisition Projects Pages
Part F. Detailed Project Narrative and Selection Criteria Page&
Part G. Budget Page 15
Part H. Letters of Support Page 19
Part I. Maps Pages 16
Page 2 of 15
Arapahoe County Open Space, Parks and Trails Grant Application
Part A-CONTACT INFORMATION
Project Type:
D Parks XX Open Space
D Trails D Other (please describe)
Name of Project: South Platte River Oxbow Habitat/Wetlands
APPLICANT INFORMATION
Name and Address of Applicant and Primary Contact Person
Mark Graham, Senior Planner
City of Englewood, Community Development Dept
1000 Englewood Parkway, Englewood, CO 80110
Date: 2/24/2006
Phone : 303. 762.2353 Fax : 303.783.6895 Email:mgraham@englewoodgov.org
Name and Address of Partners and Primary Contact Person:
Jim Woods, City Manager
City of Littleton.
2255 W. Berry Ave., Littleton, CO 80165
Phone: 303. 795.3720 Fax : 303.795.3818 Email:
Applicant Federal Employer ID Number (FEIN):84-6000-583
Signature of Authorized Agent:
I, Harold J. Stitt, Community Development Manager, hereby affirm that I am the authorized agent
for the City of Englewood, which is applying for the grant as described herein, and that I am legally
authorized on behalf of the City of Englewood to apply as its agent for this Arapahoe County Open
Space , Parks, and Trails Grant.
S ignature of Authorized Agent
GRANT REQUEST
Amount Requested (round off figure to nearest $100):
Total Project Cost
Grant Request
Matching Funds
Page 3 of 15
$_312,500
$ 250,000
$ 62,500
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South Platte River Oxbow Habitat/Wetlands
Englewood seeks to acquire fee simple ownership of approximately 2.6 acres of land
adjacent to the Colorado Water Conservation Board's South Platte River right-of-way. The
acquisition includes two parcels: a 2 .21 acre parcel in the City of Englewood; and a 0 .39
acre parcel in the City of Littleton that provides access to public right-of-way at the South
Zuni Street cul de sac, north of West Belleview Avenue .
The South Platte River Oxbow was the historic course of the river and retains the
characteristic oxbow landform , wetlands, trees, vegetation and ponds. Those features make
the Oxbow property unique and desirable for preservation as a public open space. The
acquisition is timely because further commercial development is proposed on this property.
While there are currently no permanent structures on the property, the owner is proposing to
build an approximately 12,000 square foot building for multiple tenants . Though the land is
not currently paved , the new development would require paved access, parking and
emergency vehicle circulation . The proposed combination of development activities would
make the property more expensive to acquire in the future and may disturb the natural
areas that make the property desirable as part of the open space corridor.
Commercial and industrial development is encroaching on this vestige of the river that
provides trees, vegetation and ponds . The proposed dual trail system of the Mary Carter
Greenway will provide future public access to the Oxbow. Future recreational and
educational amenities may be established on this property, including: a trailhead and an
interpretive trail depicting formation of an oxbow, descriptions of r iparian habitat and the role
of wetlands in water quality.
PHOTOGRAPHS
Please include two photographs of the existing site . Digital photographs should be copied and
included in the application and included in the electronic copy.
PROJECT LOCATION INFORMATION
City/District:
Section/Township/Range:
County Comm issioner District #:
C ities of Englewood and Littleton
2077-09-3-00-087, 2077-08-4-00-073
1, Susan Beckman
LAND OWNERSHIP
Name of Landowner: Ronald Donald Koch
Evidence of ownership or easements for trail corridor/conservation easements :
Enclosed XX Will forward if requested : Not yet available (Explain)
P g 4 of 15
Part C -OPEN SPACE ACQUISITION PROJECTS
PROJECT INFORMATION -PRESERVATIO N/CONSERVATION VALUES
(CHECK ALL TH AT APP LY )
U rban O pen Space
XX Natural A reas
XX Wa er Q ua li y
Views and V is tas
XX W1ld life H ab it a and Movement C orridors
Community Buf ers
XX Pass iv e O utdoor Recreat ion
Natural and Cultural H eritage
R egional /Community Conn ect ion
Ot her
TYPE OF OPEN SPACE ACQUISITIO N
6
R ural Open Space
Agr icultura l or Ranch Lands
XX Lakes . R ivers or Si rea ms C orridors
R1dge lines
Tra il C o rr idors
XX Floodplains a nd Wetlands
H is toric Site
A cc ess to P bl1c L nds
XX Par o a larger O pen Sp ace or P2rk oroJec
0 her
Conserva:,on Ease r'ent Acqu,S1t on
Other _______ _ er R1gh s
Gross A cre g
P ro 1m1 tin Ope S ace or Parl--s (mil es ) 0 9 miles to Be ll e 1ew1C orners1one Pa r -
0 34 miles o Cente n ,al Par
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4 miles o E nglewoo Go l Couse
800 fee 10 a,g Dry Cree bridge and ra 11
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Part F-DETAILED PROJECT NARRATIVE AND SELECTION CRITERIA
The South Platte River Open Space Plan was adopted by the Englewood City Council in 2003 after
an extensive public process . Through the process the participants surveyed existing conditions ,
developed consensus goals, considered alternatives, selected preferred outcomes and identified tools
and strategies for achieving those outcomes. A diverse stakeholder group participated , including c ity ,
county, state and federal agencies, chambers of commerce, parks and recreation facility and program
providers , landowners , and citizens . The Trust fo r Publ ic Lands (TPL) facilitated the meetings and
provided technical assistance in the planning process that was funded by Great Outdoors Colorado
(GOCO).
1. Project 30 Points
A. Please discuss how this project preserves, improves, or restores urban or rural open
space, natural areas, agricultural and ranch lands, vistas, ridgelines, floodplains, or
wetlands .
The Platte River Oxbow Habit and Wetland purchase would acquire fee simple interest in
approximately 2.6 acres of open space. The property adjoins the South Platte River and
includes wetlands that were the historic course of the river. The purchase would preserve the
natural lowland areas including grasses , ponds and trees . A subsequent project could restore
disturbed portions of the site , improve habitat quality and provide for interpretive trails and
other passive recreation activities like bird watching .
The property is located about 800 feet south of the recently completed Big Dry Creek bridge
and trail connection to the Mary Carter Greenway at the confluence of Big Dry Creek and the
South Platte R iver. Englewood's South Platte River Plan identified several properties in th is
reach of the river for acquisition. While the continuous regional trail is along the west side of
the river at th is po int, South Suburban Parks and Recreation District (which maintains the
Arapahoe County portion of the trail) has plans for developing a dual trail system , which will
provide future pedestrian and bicycle access to the Oxbow Hab itat and Wetland property.
Current development pressure threatens the Oxbow land and surrounding areas . The property
owner, Ron Koch , is propos ing to construct a 12 ,000 square foot multi-tenant industrial
building on the property. That project would require extensive pavement for access , parking
and load ing areas . The ad j acent property to t he south and east has been zoned and platted
for a new Lowes Home Improvement store, pad sites and warehous ing in Littleton . Waste
Ma nagem ent's tra sh transfe r station is located to th e we st across the river fro m the O xbow .
The South Platte River Open Space Plan identified additional open space or conservation
easement acquisitions on land to the north of the Oxbow. Those properties include the
floodpla i n channel on Big Dry Creek and would provide linkages to the existing trail system .
B . Please discuss how t his project will serve to protect water qual ity i n rivers, lakes,
and stre am s .
Public stewardship of the Oxbow Habitat and Wetlands property as open space will hold back
development from encroaching on the river. The wetlands themselves provide protection to
water bodies like the South Platte River. Runoff water flowing from upland buildings, parking
lots , roads and lawns picks up contaminants . If the water enters the river directly those
contaminants degrade water quality. If the water enters a wetland area before flowing into the
river it may be less harmful. The alluvial soils deposited by the river are porous and water
properties may change physically , chem ically and biologically as they move on the surface
and through the riparian soils towards the ri ver. The wetlands plants slow the water caus ing it
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to release some suspended solids . There is also evidence that water carrying nitrates-nitrogen
from fertilizers (that cause algal blooms which depletes oxygen from water) may be
substantially reduced when the water passes through riparian areas .
This proposal is limited to acquiring the Oxbow Habitat and Wetlands property. Owning this
unique property is the first step in preserving the benefits of buffering and wetlands . Assessing
the potential for enhancing the buffering, restoring wetlands and improving the habitat are
possible in later stages of implementing the South Platte River Plan . The South Platte River
flood plain is contained in the channel in the immed iate area of the Oxbow property.
C. Park Lands.
While the proposed acquisition is for open space rather than parks, it fills a need identified in
the Parks Master Planning process , specifically in the November 2005 survey of Englewood
parks users . In "Adult Participation in Activities," the top six activities in which adults participate
are supported by the Mary Carter Greenway and associated trails, including:
1. Walking
2 . Use open space
3. use trail system
4 . picnicking
5. biking on trails
6 . jogging/running
The Oxbow site fits into a larger system of natural areas connected by the 300 foot wide South
Platte River Corridor that flows north from Chatfield Reservoir through Arapahoe County and
the cities of Littleton , Sheridan , and Englewood . The corridor conta ins a continuous recreat ion
path used heavily by walkers , bicyclists , joggers and roller-bladers . Natural areas provide
respite from urban living and opportun ities for viewing the r iver, plants, animals, and landforms
that can be seen during a walk along the Greenway. The Englewood City Council will consider
adopting a new Parks Master Plan in 2006 . The topic of open space has been a recurring
theme in the public process and surveys and is one of the new issues that will be addressed in
that plan . We anticipate that it will be al igned w ith the consensus goals , preferred alternat ives
and implementation strategies of the South Platte River Plan .
D. Trails .
Although the Oxbow Hab itat and Wetlands property adjoins the South Platte R ive r, it is not
curre ntl y served by a cont inuous tra il. A pproximate ly 800 f eet north of the Oxbow, the B ig D ry
Creek trail was recently connected to the Mary Carter Greenway by a bridge. There are plans
by the South Suburban Parks and Recreation District to build a "Dual Trail System " with
continuous paths on both sides of the river. The right-of-way currently exists along this reach
of the river to complete the trail. South Suburban Parks and Recreation District may designate
the new trail for bicycle commuters who desire to travel faster than the recreational cyclists
who would co ntinue to use the existing trail. If th e new t ra il is so designated , then it wo u ld be
desira ble to b uil d a se pa rate, parallel trail for peopl e wa lking to the Oxbo w Habitat a nd
Wetland for bird watching and nature trail enjoyme nt.
E. Wildlife Habitat and movement corridors.
The combination of corridors and pockets of habitat are thought to facilitate wildlife movement.
The South Platte River co rridor with its associated tributaries , natural areas and parks provide
a variety of ecolog ical niches . Wildlife that may forage or live on the Oxbow property has not
been inventoried . We anticipate that the number and divers ity of species will increase as the
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level of human activity is reduced. The Oxbow property is currently occupied by a landscaping
contractor for vehicle, equipment and landscaping material storage. Operating equipment and
vehicles and moving landscaping materials in and out of vehicles is obviously less conducive
to habitat than a more quiet setting. Nevertheless, the Oxbow property contains natural areas
with ponds, trees and wetlands in a rapidly urbanizing area. There is also the potential for
expanding the wetlands and enhancing the land for habitat in the future when the commercial
use of the property ceases.
F. Historic Sites.
An Oxbow is an interesting natural landform that occurs when a river meander is cut off from
the tributary. The landform is a distinctive horseshoe shape . It is one of the few signs left of
the Platte's reputation of being a mile wide and an inch deep. The river has been channeled
and rip-rapped through much of it's course through Arapahoe County. The Chatfield Dam has
reduced flooding and stream flows in the winter are minimal or non existent. Yet the South
Platte River was significant in the settlement of Englewood and Denver. The first settlers
located near the river, and at confluences with tributaries to the Platte .
James Michner wrote of the South Platte in Centennial :
"And finally there is the river, a sad, bewildered nothing of a river. It carries no great
amount of water, and when it has some, it is uncertain where it wants to take it. No ship
can navigate it, nor even canoe it with reasonable assurance. It is the butt of more
jokes than any other river on earth, and the greatest joke is to call it a river at all. It 's a
sand bottom, a wandering afterthought, a useless irrigation, a frustration , and when
you've said all that, it suddenly rises up , aprils out to a mile wide, engulfs your crops
and Jays waste you farms ."
Though we are not aware of any specific historic event that may have occurred at the Oxbow
site , the South Platte River is certainly one of the most significant physical features guiding
settlement of the eastern front-range of the Rockies in Colorado . We do not currently
anticipate any historical funding for future development of historical markers .
2. County and Community Benefits 20 Points
Englewood proposes to negotiate the purchase of the Oxbow property for enjoyment as natural
open space , habitat and wetlands . The purchase addresses a publ ic need identified in the 2005
Survey of Englewood Parks users (Left Brain Concepts , EDAW , p.7). Users were asked to Agree ,
(be ) Neut ral , or Disagree w ith a se ri es of statements . T he hi g hest leve l of d isag re ement (30 %)
was on the statement:
H. I am satisfied with the amount of protected open lands in and around the City.
There is a balance that needs to be achieved in the future use of the Oxbow Habitat and Wetlands
site, between providing the habitat and allowing people to observe the na tural se tting. The
physical layout of interpretive trails will be important in minimizing conflicts between these
proposed uses .
The timing of the purchase is critical because of imminent development plans for the property.
Once the building , access and parking areas are constructed the property will be much more
expensive to acquire . Further, some of the natural amenities may be disturbed during
construction .
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3. Planning and Design 15 Points
This proposal is to purchase the Oxbow property. Subsequent proposals will address
development, design and long term management. One aspect of the purchase may be a lease-
back arrangement with the current owner. This may be necessary for two reasons:
• The current owner will need to re-locate his businesses. Though TPL and Englewood have
provided assistance to Mr. Koch with identifying a suitable property, an appropriate
property has not yet been identified .
• The appraisal on the property and subsequent negotiations on price and terms have not
been completed. The Trust for Public Lands has been discussing the price and terms of
the purchase for several months with the property owner and we are confident that we can
agree on value with some flexibility to credit the lease back arrangement towards the
purchase price. That arrangement would entail some delay in development and public use
of the property. This arrangement provides the immediate benefit of preventing further
development and the associated increased costs of future acquisition.
o Relevant Plans.
1. The South Platte River Open Space Plan, August 2003, funded by Arapahoe County CDBG,
GOCO, facilitated by Trust for Public Lands, and prepared by Wenk Associates.
2. Roadmap Englewood: 2003 Englewood Comprehensive Plan, Section 7, Parks and Open Space;
Section 9, Environmental Quality, (2 parts in pdf format) Both documents are available at:
http://www.englewoodgov.org/home/index.asp?page=27 &de id= 133
Section 7, Parks and Open Space
Funding considerations also dictate that the City of Englewood should take a more innovative and cooperative
approach to parks and open space acquisition . The City recognizes the necessity to seek alternative funding
methods and sources in order to make the acquisition of land for new parks and open space more feasible. The
City is also committed to the use of creative tools to forge cooperative agreements with public and private parties
that effectively reserve new lands for open space.
Perhaps the City of Englewood's most ambitious and important parks and open space goal is to preserve the
South Platte River corridor as an urban greenway. The corridor has historically suffered from environmentally
degrading uses adjacent to the river. Many of these properties are not utilized to their highest and best use, and
have left a legacy of brownfield contamination . It is in Englewood's interest to restore the river as an open space
and wildlife habitat corridor . Restoration will enable the South Platte River corridor to serve as a significant
amenity in Englewood's park and open space system , and as a catalyst for the general redevelopment and cleanup
of the adjacent area .
Parks and Open Space Goals and Objectives
Goal2
Provide recreational opportunities that are consistent with Englewood's role in regional park and open
space preservation.
Obj. 2-1 Work cooperatively with other jurisdictions to implement adopted , regional parks and open
space goals.
Goal 3
Develop a full range of programs for the preservation of open space and park development.
Obj. 3-2 Utilize funding mechanisms for park and open space acquisition such as general revenue
funds , voter-approved bond issues , federal and state funds , special improvements districts and fee
simple and private donations .
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Obj. 3-3 Utilize creative tools to acquire park and open space such as conservation easements,
restrictive covenants , transfer of development rights, leasing of lands, and required land
dedication or fees in lieu of dedication.
Obj. 3-4 Identify and acquire park and open space in advance of need to obtain land at the most
appropriate locations and at a reasonable cost.
Obj. 3-5 Develop cooperative agreements to fund development of park and recreation uses .
Obj. 3-6 Develop cost saving and revenue enhancement mechanisms including contracting out for
services and utilization of user fees .
Obj. 3-7 Utilize volunteer programs to assist in the development and maintenance of park facilities ,
greenways and open space areas.
Obj. 3-8 Expand open space resources through the retention of blighted land in critical recreational
system locations .
Goa/4
Preserve, utilize, and improve the South Platte River corridor.
Obj. 4-4 Develop effec ti ve partnerships wit h reg ional land ste w ard sh ip orga n iza tions focu sed on
preservation of th e South Platte River corridor .
Obj. 4 .5 Develop linkages to th e Sou th Platte River corrido r to fu rth er int egrate th e river corridor int o the
mult i-modal, integra ted transp ortat io n system within the city.
Section 9, Environmental Quality
Goal2
Partner with various Englewood groups , ne ighboring communities , and reg ional and national organ izations
in order to make env ironment al programs and act ivities more effect ive on a larger scale .
Obj. 2-2 Partner with neighboring communities to continue existing joint programs and explore new areas
for cooperation, as well as expansion to include other communities .
o Priori ty of th is Purchase (in plans or agency documents).
The South Platte River Oxbow Habitat and Wetlands acquisition is the first property to be acquired
to implement the South Platte River Open Space Plan . The plan identified parcels comprising
three parks for acquisition . The parcels were not individually prioritized, but rather there is a
working principle that they should be acquired in an opportunistic approach. As identified
properties become available for purchase, we should be prepared to negotiate and purchase
them . Other strategies for purchasing properties include working with owners to identify properties
that would provide the same or more utility for their purpose and arranging land swaps to bring the
identified properties into City open space stewardship .
o How th is purc hase fit s into the a dopted open s pace p la n.
Three broad goals guide the South Platte Open Space Plan :
1. Increase the recreational value of the corridor
2 . Preserve natural areas and protect water quality
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3. Encourage land uses that are compatible with recreational goals and that contribute to the
economic well being of Englewood and Sheridan
The purchase is also consistent with several South Platte River Open Space Plan goals and
objectives:
1 . Provide improved access and encourage a variety of recreational activities along the South
Platte.
a. Create new access points from surrounding streets , with parking and signage .
b. Make access to water easier and safer; make the rive r more vis ible from surrounding
areas.
2 . Preserve and enhance the environmental quality and the flood protection function of the South
Platte River.
a. Improve habitat for terrestrial and aquatic w ild life .
b. Improve water quality.
c. Enhance environmental education opportunities.
d. Provide restoration of disturbed sites and vegetation management strategies .
e. Identify specific segments for river corridor improvements .
o Planning, design, and management strategies that minimize impacts to the
environment.
Acquiring the Oxbow property for public stewardship as open space will reduce impacts from the
current uses ; i.e., vehicle , equipment and landscape material storage. Enhancing the natural
areas including habitat and wetlands will reverse some historical adverse impacts to the
ecosystem . While there are genera l plans for the open space acquisitions along the South Platte ,
there are not site-specific designs for development at this stage . The first phase of the open space
acquis ition is to assemble land that is contiguous to the river, trails , or other publicly owned open
space . Later projects will develop access points , parking , way-finding , interpretive and educational
components of the corridor.
o Timeline & Major Milestones.
Seek option for purchasing property
Seek partners and support letters
Grant Awarded
Secure additional fund ing comm itments
Close on property
4 . Partnerships
9/2005 to 3/2006
2/2006
6/2006
8/2006 to 10/2006
10/2006
25 Points
• The Ci ty of Englewood is committed to providing the 25% match funding, though we have
requested that the City of Littleton provide half of the match funding . They are considering
the request.
• The C ity of Littleton commited by Email to participating financially in the South Platte
River Oxbow Habitat and Wetland purchase. They have not yet provided a letter to include
in the grant application specifying the amount that they wi ll co ntribute .
• The Tru st for Public Land has established a relationship with the landowner and is
working to identify a location for the business relocation . They have drafted an option for
consideration by the landowner, Ron Koch .
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• Keep Englewood Beautiful is a volunteer commission dedicated to environmental
activities. They have provided a letter of support. They participate in the clean up the river
days where citizens in the whole Denver metro area work to pick up trash in their reach of
the river.
• The South Suburban Parks and Recreation District that maintains the Mary Carter
Greenway in Arapahoe County has provided a letter of support for this project.
• The Audubon Society of Greater Denver, representing 3,000 members, provided their
support for this project.
• The Greenway Foundation, that has been preserving habitat and wetlands along the
south Platte River since 1974 has provided a letter of support for the Oxbow purchase .
• The Sierra Club, South Platte Group, has recognized the potential of the Oxbow property
as habitat and wetlands and provided a letter of support.
5. Long-term Maintenance 15 Points
The City of Englewood is negotiating leaseback terms as part of the payment for the property. The
current owner would occupy the property for a period not to exceed five years and be responsible
for the maintenance of the property during that period . At the end of the leaseback term, the City
of Englewood would take over maintenance responsibility. The City of Englewood maintains
hundreds of acres of parks and open spaces within Englewood. The proposed use of the property
is as a passive recreation area that would not require the irrigation or routi ne mowing that
recreation fields require. Trails and interpretive signs would be established that require minimal
maintenance.
6. Connectivity 15 Points
While not a trails project , the South Platte Oxbow Habitat/Wetlands is an open space amenity that
is close to the existing trail system. Once the property is available as a public open space, access
could be obtained via South Zuni Street from Belleview. Trail connections could be extended
south about 800 feet, from the Big Dry Creek Bridge along the Colorado Water Conservation
Board right-of-way to provide access to this amenity. Alternatively, the proposed dual trail system
would provide a trail connection to the site . Depending on the designated use of that trail, it may or
may not provide an appropriate linkage. That is, if the trail is designated for high speed bicycle
commuting, then a separate trail connection would be desirable.
The City of Englewood is interested in obtaining additional fee simple interest in the properties
north of the Oxbow or conservation easements along those properties to make the connection
with the Big Dry Creek Trail. The South Platte River Open Space Plan identified a series of
contiguous parcels , yet assembling land for open space occurs one parcel at a time.
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Part G -BLANK BUDGET FORM
Sources o f F unds Date Grant Request Cash Match I In-Kind Match I Totals
City of Englewood-shareback 2/24/06 62 ,500 62,500
City of Littleton (Partner) 2/24 /06
Arapahoe County 2/24/06 250 ,000 I 250 ,000
Englewood-Lease back to Koch Per aooraisal
Totals 250 ,000 62 ,500 312 ,500
Uses of Funds Date Grant Request Cash Match In-Kind Match Totals
Purchase property 250,000 62 ,500 312,500
Totals 9/1/06 I 2so.ooo 62,500 312 ,500
TOTAL PROJECT COSTS: $312,500* **
Signature:----------------------Date : ______________ _
• *Fair market value as determined by an independent appraiser to be hired by the Trust for Public Land will be the basis for
value .
• ** The value of the land in a le aseback arrangement to Ronald Koch for a specified period would be credited to a balloon
payment.
• *** The Cities of Englewood an d Li ttleton will cost share in acqu isition costs over $312 ,500 and seek other matching funds as
necessary.
J l·\Group\Opcn Space Projcc 1s\06 Arapco C1rant App\Oxho w Acqu isitto n Gra nl App 2006 .doc
Page 15 of 15
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City of Englewood, Colorado
2006 Arapahoe County
Open Space, Parks, and Trails
Grant Application
South Platte River
Oxbow Habitat/Wetlands
Purchase and Restoration Project
Vicinity Map
LEGEND
C:I Arapahoe County Boundary
-Major Highways
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February 2006
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City of Englewood, Colorado
2006 Arapahoe County
O p en Space, Parks, and Trails
Grant Application
South Platte River
Oxbow Habitat\ ~/et/ands
Purchase and Re storation Project
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Street and Driving Route Map
LEGEND
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Citv of Englewood, Colorado
2006 Arapahoe County
Open Space, Parks, and Trails
Grant Application
South Platte River
Oxbow Habitat/Wetlands
Purchase and Restoration Project
Site Plan and Topography Map
LEGEND
Oxbow Parcels
• Former River Course
Water Quality Detention Pond
Future S . Platte River Tra il
1::1 City Boundary
Febr uar 2006
0 150 3 00 450
feet
February 24, 2006
Lynn Wodell
Arapahoe County
Open Space Manager
10730 East Briarwood Avenue, Suite 100
Centennial, CO 80112
Dear Ms. Wadell:
The Keep Englewood Beautiful Commission (KEB) is writing in support of the City of
Englewood, Community Development Department's pursuit of Arapahoe County Open
Space, Parks, and Trails grant application. The Commission is in full support of the
proposed South Platte River Oxbow Habitat and Wetlands project. The Commission
believes if funded, this project will be a tremendous asset to the City of Englewood and
surrounding communities.
Keep Englewood Beautiful is a Council appointed comm1ss1on comprised of thirteen
citizen volunteers. KEB is charged with the development and operation of programs
and services that increase citizen commitment and responsibility in issues that relate to
waste reduction , environmental protection, and community beautification . The Oxbow
Open Space Habitat Improvement project certainly supports our mission.
The proposed South Platte River Oxbow Habitat and Wetlands project will help recover,
preserve and protect this long neglected critical South Platte River habitat. The
acqui sition and ulti mate restoration of this wetland habitat along with linkages to the
proposed adjacent trail sy stem will provide opportunities for people to experien ce a
rare and uniq ue riparian environm ent. The Commissi on along wi t h the City of
Englewood Community Development Department believes this project will contribute
environmentally as well as recreationally to the entire South Platte River corridor.
'
The Keep Englewood Beautiful Commission is in full support of this project. We hope
that you will see the numerous benefits that will result from the completion of this
importan t project.
Sincerely,
' .. / ., .
Linda Olson, Chair
K ep Engl wood Beautiful Commission
.. -... -~ .....
Ci ty of Eng lewood
1 000 Engl.wood Parkway
Englewood , CO 80110
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RESOLUTION NO .
SERIES OF 2007
A RESOLUTION APPROVING A SUPPLEMENT AL APPROPRIATION TO THE 2007
BUDGET FOR THE PUBLIC IMPROVEMENT FUND AND THE OPEN SPACE FUND.
WHEREAS, the City of Englewood is required by City Charter to ensure that expenditures do
not exceed legally adopted appropriations; and
WHEREAS , this supplemental appropriation to the 2007 Budget to the Public Works Fund is
a result of unexpected expenditures incurred during land preparation activities at the Sheridan
Riverpoint Project which were not included in the 2007 Budget; and
WHEREAS, this supplemental appropriation to the 2007 Budget to the Open Space Fund for
the City of Englewood's portion for the purchase of the Oxbow property;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The Budget for the City of Englewood, Colorado, is hereby amended for the year
ending 2007 , as follows:
PUBLIC IMPROVEMENT FUND
SOURCE OF FUNDS:
Golf Course Redevelopment Oversight Expenditures
USE OF FUNDS:
Golf Course Redevelopment Funds
OPEN SPACE FUND
SOURCE OF FUNDS:
Reserved Fund Balance
USE OF FUNDS:
Oxbow Property Purchase Project
$200,000
$200,000
$ 62 ,5 00
$ 62,500
Section 2 . The City Manager and the Director of Finance and Administrative Services are
hereby authorized to make the above changes to the 2007 Budget for the City of Englewood .
ADOPTED AND APPROVED this 4th of June, 2007 .
ATTEST: Olga Wolosyn, Mayor
Lou , ii hia A. Elli , Jerk
I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the
above is a true copy of Resolution No. __ , Series of 2007 .
Loucrishia A. Ellis, City Clerk
~'
COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
June 4, 2007 11 C i A Resolution for a Supplemental Appropriation of
funds in the Public Improvement and Open Space
Funds for additional expenditures incurred during
land preparation work at the Riverpoint at Sheridan
project and for funds to purchase the Oxbow
Property.
Initiated By: Staff Source:
City of Englewood Frank Gryglewicz, Director
Finance and Administrative Services Department
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
City Council has not discussed this supplemental specifically but City Council has discussed the
activities on the Golf Course site on a number of occasions, including the Budget Retreat held on
May 19. The Oxbow purchase has been discussed on a number of occasions. City Council has
supported going forward with the purchase of this property.
( RECOMMENDED ACTION
Staff recommends City Council approv e the attached resolution for a supplemental appropriation to
pay for costs related to the environmental oversight during land preparation acti v ities on the Golf
Course and to pay for a portion of the City's portion of the O xbow property.
PUBLIC IMPROVEMENT FUND:
SOURCE OF FUNDS :
Golf Course Redeve lopm ent En v iro nm ental O ve rsig ht Ex pe nditures $2 00,000
USE OF FUNDS :
Golf Course Redevelopment Funds $200,000
OPEN SPA CE FUND :
SOURCE OF FUNDS :
Unreserved Fund Balance $62 ,500
USE OF FUNDS :
0 bow Property Purchase Proje c t $6 2,500
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
City Council has made protection of the City's interests on the Riverpoint at Sheridan project a
priority. This property was a landfill in the past and the City has incurred additional expenditures to
ensure the trash removed from the site is handled properly. The additional expenditures are a result
of weather delays and unexpected levels of trash in the landfill.
City Council has made the preservation and acquisition of open space a priority. The purchase of
the Oxbow Property furthers this goal.
FINANCIAL IMPACT
The "Golf Course Funds" paid to the City for the long-term lease of the Golf Course property was
placed in the PIF until Council determined the disposition of the funds. These environmental
oversight expenditures will reduce these funds by $200,000. The appropriation of funds for the
Oxbow Property will reduce the fund balance in the Open Space Fund by $62,500.
LIST OF ATTACHMENTS
Information regarding environmental oversight activities
Resolution
'··
Major
·~· Envl!"Onmental ( .......,.. Services, Inc.
May 31, 2007
Mr . Rick Kahin
Director of Public Works
City of Englewood
1000 Englewood Parkway
Englewood , CO 80110
lnvlronmental, Consulting and Contracting
RE: Status of Environmental Oversight for Sheridan Redevelopment Lease Compliance
Dear Mr . Kahin :
As per your request, I have itemized a list outlining the time and resources expended for
the aforementioned project to date, as well as an estimate to complete the work.
The original estimated start time for the job was October 3, 2006 . Completion of all
Municipal Solid Waste (MSW) was anticipated to be April 12 , 2007. Due to weather,
site conditions and lease agreements, the construction finally began in February of 2007 .
The estimate for the original oversight contract was based upon the
Developers/Contractors' schedule of 60 days on the leased property.
Originally, we were told the construction hours would be 20 hours per day, 7 days per
week, per the Contractor's Plan of Operation (CPO), and the work area would be limited
to 4-8 acres (per CPO). It was presented that only 2 excavators would be working out of
same excavation area . The original plan, as per Adolphson & Peterson (A & P), was to
use 24 trucks per hour during working hours. There have, generally, been between 60
and 90 trucks working at one tim e.
Our original budget was b ased upon 10 hour sh ifts and 24 m an hou rs per day for
complete site coverage. The budget included equipment and materials for 24 man hours
per day plus administration. Based upon the estimated total volume of waste to be
excavated, and the number of trucks used to haul the material, we estimated a total
number of3,200 hours in our proposal.
When work actually commenced on the project, property excavators were working in 12
hour shifts with no break. As many as five excavators were working in as many as four
different locations . To provide adequate observation, we needed three additional field
persoMel. Updated schedules extended the time, first to 120 days, and, most recently, to
154 days on the teased property.
Golden. CO • consd I AZ • Ashville NC
..
In April, Walsh Environmental called for a special meeting to discuss the Contractor's
accelerated pace and dire need to catch up to schedule. We believe Walsh, the
developer's consultant, was approved additional hours to facilitate the Contractor's
multiple excavation areas. Walsh added three new field techs, and their time was almost
doubled.
Through May 31, 2007, we have expended approximately 3,900 field hours ($321,000).
The original estimate provided to the City was $250,000. To date, we have an overrun of
860 hours, or $71,000. Based upon the anticipated time remaining to complete the
project (now estimated at July 18, 2007), and time to complete close out documents and
submittals, we anticipate an over run of another 1,560 man hours to complete the project
($129,000).
The total funding required to finish this project is now estimated, and will not exceed
$200,000 over the original contract.
If you have any questions or need further clarification, please do not hesitate to call.
Respectfully,
William A Major, President
Major Environmental Services, Inc.
·~
l
COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
June 4, 200 7 11 C ii Concrete Utility 2007 and Concrete Program 2007
Initiated By: Staff Source:
Departmen t of Public Works Rick Kahm , Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
• On May 5, 1997, City Council approved Ordinance No. 36, Series 1997 creating a
Concrete Utility and Concrete Utility Enterprise Fund (EMC Chapter 8, Title 12).
• In 1996, City Council established a citywide program to meet ADA standards for all street
improvements in the public way. City Council passed the 2006 Budget to appropriate
funding for this annual Concrete Program .
• On March 1, 2001, Council directed staff to begin programming construction for
completion of the Sidewalk Missing Links in the City of Englewood.
• On June 16, 2003, City Council approved Notice of Award of Concrete Utility 2003 to
Thoutt Bro thers Conc rete Contractors. The 2003 bid package c ontained a provi sion for the
ex tens ion of the c ontrac t fo r up to two add it ional yea rs, with Coun ci l approval.
• On April 19, 2004, Council approved a motion extend ing the Th o utt Brothers contract for
the 2004 c onstruction project
• On March 2 1, 2005, Council approved a motion extending the Thoutt Brothe rs c ontract for
the 2005 c on struction project.
• On April 3, 2006, Council approved a negotiated extension to the Thoutt Brothers c ontrac t
for the 2006 construction project.
RECOMMENDED ACTION
Staff reco mm en ds th at City Coun ci l award, by Mo ti on, a conb'act with Thoutt Brothers Concrete
Con tractors, Inc., in th e amount of $346,919.80, for construction of Concrete Utility 2007 and
Concrete Program 200 7.
BAC KG ROUND, ANALYS I S, AND ALTE RNATIVES IDENTIF I ED
The Englewood Municipal Code (Section 11 -3 B-1) requires property owners to maintain the
concrete curbs, gutters, and sidewalks adjacent to their property. The Concrete Utility was
established for property owners as a convenient funding mechanism for concrete repair. The $5 to
$7 quarterly fee for a typical residential property is paid through the City's water and sewer billing
system. The City con tributes its share of the fees, as do all private owners.
For the past se eral years, staff has developed a citywide Concrete Program to address existing City-
own d sub-s tandard concrete, and to comply with the Americans with Disabilities A ct in c urb ramp
o n tru c tion . Th cos t of these impro ements is borne by th City through monies budg t d in the
Pu Ii lmpro em nt Fund (PIF).
In-house staff prepared bid documents and estimated quantities for the 2007 concrete projects. As
in past years, the Concrete Utility and Concrete Program were combined into one construction
project to take advantage of the economy of scale. The project was publicly advertised in April and
bids were opened on May 3'd. Thoutt Brothers Concrete submitted the low bid . This contractor has
successfully completed Englewood's concrete program for the last four years. Staff has been
pleased with the quality, timeliness, and performance of Thoutt Brothers Concrete Contractors, Inc.
FINANCIAL IMPACT
Four bids were received and opened on May 3, 2007 as detailed in the attached Bid Tabulation.
Funding and cost breakdowns for the project are as follows:
Concrete Utility Construction
Concrete Program Construction (Ramps)
Total Thoutt Brothers Contract
Total costs associated with the 2007 Concrete Utility:
• 2007 construction contract (Thoutt Brothers)
• Contingency for unidentified repair work
• Year round administration, customer service, engineering,
surveying, inspection, material testing, and other incidentals
(25% of total Concrete Utility Budget)
Total estimated Concrete Utility Expenditures for 2007
$621,200 is available in the 2007 Concrete Utility Budget
Total costs associated with the 2007 Concrete Program:
• 2007 construction contract (Thoutt Brothers)
• Contingency/additional work
• Administration, engineering, surveying, inspection,
material testing, and other incidentals.
(10% of total Concrete Program Budget)
Total estimated Concrete Program Expenditures for 2007
$22 ,647 is available in the 2007 Concrete Program Budget
LIST OF ATIACHMENTS
Bid Tabulation
Contract
$328,919.80
$ 18,000.00
$346,919.80
$324,319.80
$70,000.00
$155,300.00
$549,619 .80
$18,000.00
2,000.00
2,265.00
$22,647.00
1
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3
4
5
6
7
8
9
10
11
12
13
14
15
2007
CONCRETE UTILITY CONCRETE PROGRAM
BID TABULATION
MAY3, 2007
Bidder / Plan Holder Base Bid Bond
Noraa Concrete Construction Corp. $378,670.00 y
Thoutt Bros . Concrete $346,919.80 y
Keene Concrete, Inc. $383,175.00 y
Stackholm Development $364,405.50 y
LOW BIDDER : Thoutt Bros.
Remarks
CONTRACT
CITY OF ENGLEWOOD , COLORADO
THIS CONTRACT and agreement, made and entered into this 4th day of June, 2007,
by and between the City of Englewood , a municipal corporation of the State of Colorado
hereinafter referred to as the "City'', and Thoutt Brothers Concrete Contractors, Inc.,
whose address is 5460 Tennyson St., Denver , 80212 Colorado, ("Contractor'').
Commencing on the 19th day of April, 2007, and continuing for at least ten (1 O) days
thereafter the City advertised that sealed proposals would be received for furnishing all
labor, tools , supplies, equipment, materials and everything necessary and required for
the following:
PROJECT: 2007 CONCRETE UTILITY and 2007 CONCRETE PROGRAM
WHEREAS, proposals pursuant to said advertisement have been received by the Mayor
and City Council and have been certified by the Director of Public Works to the Mayor
and City Council with a recommendation that a contract for work be awarded to the
above named Contractor who was the lowest reliable and responsible bidder therefore ,
and
WHEREAS , pursuant to said recommendation the Contrac t has been awarded to the
above name Contractor by the Mayor and City Council and said Contractor is now willing
and able to perform all of said work in accordance with said advertisement and his
proposal.
NOW THEREFORE, in consideration of the compensation to be paid the Contract , the
mutual agreements hereinafter conta ined :
A . Contract Documents : It is agreed by th e parties hereto that the follow ing li st of
instrument s, drawings and documents which are attached or incorp orated by
reference constitute and shall be ref erred to either as the Contract Documents
or the Contract and all of said instruments, drawings, and documents taken
together as a whole constitute the Contract between the parties hereto and
they are as fully a part of th is agreement as if they were set out verbat im and
in full :
Notice to Contractors
Proposal
Contract (this instrument)
Performance Payment Maintenance Bond
Rece ipt , Release , Wa iver of Cla ims
Spec ial Provisions
General Cond ition s
Detailed Specifications
Plans and Drawings
B. Scope of Work: The Contractor agrees to and shall furnish all labor, tools,
supplies, equipment , materials and everything necessary for and required to
do, perform and complete all the work described , drawn, set forth, shown and
included in said Contract Documents.
C. Terms of Performance: The Contractor agrees to undertake the performance
of the work under this Contract within ten (10) days from being notified to
commence work by the Director of Public Works and agrees to fully complete
said work with in one hundred (100) working days, plus such extension or
extensions of time as may be granted by the Director of Public Works in
accordance with the provisions of the Contract Documents and Specifications .
D. Indemnification The City cannot and by this Agreement/Contract does not
agree to indemnify, hold harmless, exonerate or assume the defense of the
Contractor or any other person or entity, for any purpose. The Contractor shall
defend, indemnify and save harmless the City , its officers, agents and
employees from any and all claims, demands, suits, actions or proceedings of
any kind or nature including Worker's Compensation claims , in any way
resulting from or arising out of this Agreement/contract: provided, however, that
the Contractor need not indemnify or save harmless the City, its officers, agents
and employees from damages resulting from the sole negligence of the City 's
officers , agents and Employees .
E. Termination of Award for Convenience : The City may terminate the award at
any time by giving written notice to the Contractor of such termination and
specifying the effective date of such termination, at least thirty (30) days before
the effective date of such termination. In that event all finished or unfinished
service, reports , material (s) prepared or furnished by the Contractor after the
award shall , at the option of the City , become its property. If the award is
term inated by the City as provided herein , the Contractor will be pa id that
amount which bears the same ratio to the total compensation as the serv ices
actually performed or material furnished bear to the total services/materials th e
Contractor covered by th e award , less pay men ts of co mpen sation prev iously
made . If the award is te rm inat ed due to the fau lt of the Contractor, th e clause
relating to te rmination of the award for cause shall apply.
F. Termination of Award for Cause: If , through any cause , the Contractor shall fa il
to fulfill in a timely and proper manner its obligations or if the Contractor shall
violate any of the covenants , agreements or stipulations of the award, the City
shall have the right to terminate the award by giving written notice to the
Contractor of such termination and specifying the effective date of termination .
In that event, all furnished or unfinished services , at the option of the City,
become its property, and the Contractor shall be entitled to receive just,
equitable compensation for any satisfactory work documents, prepared
completed or materials as furnished.
Notwithstanding the above , the Contractor shall not be relieved of
the liability to the C ity for damages susta ined by the City by virtue of
breach of the award by the Contractor, and the City may withhold
any payments to the Contractor for the purpose of set off until such
time as the exact amount of damages due the City from the
Contractor is determined .
G. Terms of Payment: The City agrees to pay the Contractor for the
performance of all the work required under this contract, and the Contractor
agrees to accept as his full and only compensation therefore , such sum or
sums of money as may be proper in accordance with the price or prices set
forth in the Contractor's proposal attached and made a part hereof, the total
estimated cost thereof being Three-Hundred Forty-Six Thousand Nine-
Hundred Nineteen Dollars and Eighty Cents ($346,919.80).
H. Appropriation of Funds : At present, $346,919.80 has been appropriated for
the project. Notwithstanding anything contained in this Agreement to the
contrary, in the event no funds or insufficient funds are appropriated and
budgeted by the governing body or are otherwise unavailable in any following
fiscal period for which appropriations were received without penalty or
expense except as to those portions of the Agreement or other amounts for
which funds have already been appropriated or are otherwise available. The
City shall immediately notify the contractor or its assignee of such occurrence
in the event of such termination .
I. Contract Binding: It is agreed that this Contract shall be binding on and
insure to the benefit of the parties hereto , their heirs , executors ,
administrators , assigns , and successors .
Verification of Compliance with C.R.S. 8-17.5 -101 ET.SEQ. Regarding Illegal Aliens
(a) Employees, Contractors and Subcontractors: Contractor shall not
knowingly employ or contract with an illegal alien to perform work under this Contract.
Contractor shall not contract with a subcontractor that (i) knowingly employs or contracts
with an illegal alien to perform work under this Contract or (ii) fails to certify to the
Contractor that the subcontractor will not knowingly employ or contract with an illegal
alien to perform work under this Contract. [CRS 8-17 .5-102(2)(a)(I) & (II).]
(b ) Verification: Contractor has verif ied or attempted to verify through
parti ci pat ion in the "basic pilot program" (authorized by P.L.204 of 1041h Congress and
amen ded by P .L.15 6 of 1081h Cong ress) t hat Con t ractor does not em ploy any ill egal
aliens . And, if not accepted into the "basic pilot program" prior to entering into this
Contract , Contractor further verifies, Contractor will apply to participate in the "basic pilot
program " every three months until Contractor is accepted or this Contract is completed ,
wh ichever is earlier. [CRS 8-17 .5-102(2}(b)(I).]
(c) Li mitat ion re gard ing the "Bas ic Pilot Program: Contractor shall not
use basic pilot program procedures to undertake pre-employment screening of job
applicants while performing this Contract. [CRS 8-17 .5-102(2)(b)(II).]
(d) Duty to Terminate a Subcont ract : If Contractor obtains actual
knowledge that a subcontractor performing work under this Contract knowingly employs
or contracts with an illegal alien , the Contractor shall :
(1) Notify the subcontractor and the City within three days that the
Contractor has actual knowledge that the subcontractor is employing or
contracting with an illegal alien ; and
(2) Terminate the subcontract with the subcontractor if, within three days
of receiving notice that the Contractor has actual knowledge that the
subcontractor is employing or contracting with an illegal alien, the subcontractor
does not stop employing or contracting with the illegal alien. [CRS 8-17.5-
102{2){b)(lll)(A) & (B).]
(3) Exception: If the subcontractor provides information to establish that
the subcontractor has not knowingly employed or contracted with an illegal alien
and the subcontractor stops employing or contracting with the illegal alien.
(e) Duty to Comply with State Investigation: Contractor shall comply with any
reasonable request of the Colorado Department of Labor and Employment made in the
course of an investigation pursuant to C.R.S. 8-17.5-102 (5). [CRS 8-17.5-102(2)(b)(IV).]
(f) Damages for Breach of Contract: The City may terminate this contract for a
breach of contract, in whole or in part, due to Contractor's breach of any section of this
paragraph. Contractor shall be liable for actual and consequential damages to the City in
addition to any other legal or equitable remedy the City may be entitled to for a breach of
this Contract.
IN WITNESS WHEREOF, the parties have caused these presents to be signed
personally or by their duly authorized officers or agents and their seals affixed and duly
attested the day and year first above written.
This Contract is executed in 4 counterparts.
Contractor
bY~~~~~~~~~~~~-
Party of the Second Part
ATIEST:
Secretary
CITY OF ENGLEWOOD
bY~~~~~~~~~~~~~
Mayor
Party of the First Part
ATIEST:
City Clerk