HomeMy WebLinkAbout2007-10-15 (Regular) Meeting Agenda PacketAGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
Monday, October 15, 2007
7:30 p.m.
Englewood 'Civic Center -Council Chambers
1 000 Englewood Parkwa y
Englewood, CO 80110
1. Call to order. f:J~
2. Invocation.
3 . Pledge of Allegiance. ~
6.
inutes of Pre vious Session .
Minutes fr9m the Re&_ul~r_<;~ty-Council meeting of October 1, 2007. ~ 11 Wl}()PIIA-~P ~1UJ '°tfv~ "1 LI NI!-~ .. !111.JOOOA/!t-lUJ SA-ltJ /11111£:Af '1011.
n, l!J!A./) I~ .. >fl ILi.-..,~ /,{ " -Re cog niti o n of Sch e duled Publi c Comment. (Please limit yo ur presentation to ten minutes.)
a. Exec uti ve Director Sharon Wilson and Development Director Sc ott Franssen from
Freedom Service D ogs will be prese nt to address City Council.
b. South Br oa dway Bu sin ess Improve m ent Distri ct represe ntati ve Te d Vasilas w ill be
present to speak .
7. Recognition of Unscheduled Public Comment. (Please limit your presentation t o five minutes.
Time for unscheduled public comment may be limited to 45 minutes and if limited shall be
con tinu ed t o General Dis c ussio11 .t ••, · , .. ~ o&Jr~b 11) ~.t
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8 . omrnunica ti ons , Proclamations, and Appointment s.
~~-Da . Pro lamation declaring November 1, 2007 as National Fami ly Li t era cy Day~
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[1 1gll'woud C ity C<>1 111 c ii /\g<·1ul.1
(Jctobcr l:i, 200 7
Page 2
<). Consen t Age nda It em s.
Clff~5-() hdJO/!.t..-tn~PUJ -ro A-ff'f!.11)£. eN/~Alt 1r£MS.
,1. Approval o f Ordinances on First Rea ding.
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i. Co un ci l Bi ll N o. 54 -Re commendati o n t o adopt a Bill fo r a11 Ordi11,111 ce
.1 t1thorizing th e vacation of two utility ease m ent s lo ated .11 U.S. Hi ghway ~11 .'i
.111d South S.1nta Fe Drive. STAFF SOURCE: Stewart H. Fonda, Director of
Utilities.
ii. Co t1n c il Bill No. 6:2 -Rt'rn 111111 e nd<1ti o 11 t o .idopt a Bi ll fol· an Ordinan ce
.11dhonz1ng a Permi t -C ity Ditc h Cros~ing Ag r ee 111 e 11t and a T empora ry
Construction Easem e nt for a t el ecomm uni ca tions ca ble along So t1th Santa Fe
Drive at Wolhurst and C-470 between Qwest and the•City of Eng lewoo d . STAFF
SOURCE: Stewart H. Fonda, Director of Utilities.
iii . Coun c il Bill No. 6~ -Reco mm e ndation to adopt a Bill for a,'1 Ordin.111c l:'
approv in g .-ind authoriz in g an Int er governmenta l Agr ee m ent for til l! li1t e r11 e t
C rim es .1g.1 i11 st Children Rt .giona l T,1sk For ce h e tv,,ee n th e City of Co lor.1du
Spri11gs .111d the City of Eng l <:'woo d . STAFF SOURCE: John Collins,
Comm,md<.'r of Saf <·ty Services .
i v. Crn111c ii Hill N o. (14 -l~t'c<>111111 e nd;iti n n to ;1dopt ,1 Hill for ,111 Ordin.111n·
.1pprov 111g cllld ,H1tlwrizi11g .111 l11t e rgo ve rn111 e11t.1I AgrL•e11H·11l <·11titl <·d l)<·11 ve r
Inn oce nt Im ages T as k Force M e morandum of Und erstandin g be t w<:>t•11 th e
Federal ·Burea u of In ves ti gation and· the Ci t y nf [11gtevvood. STAFF SOURCE:
· ·John ·collins, Commander of Safety Servkcs .
v. Counc il Bill No 68 -Reco mm e ndation l o ;1dopt ., Hill for .in Ordi11,111n-•
'ai.,th o ri z in g th e City of Englewood's r eprese ntation o n th e Rocky Mm111t.1in Rail
At1tliority. STAFF SOURCE: Rick Kahm, Director of Public Works.
/\ppro~ Orcli11.111 ces o n Second Rea ding.
l~L'!,oli1tio11s .111cl Moti o 11 s.
i . R1•crn11nw11d.1tion from th e Departnwnl of Parks and Recr ea ti o n to ,,pprove, liy
/V\otion ,,:1 t ·on tr,Kt for ,,rc hit t>c ttir,11 clt>~ign .ind proj ect cn nstn,ctirlll •
,ldlllini ~t r.i t ion for tl w lklk•viL•vv I\Hk p l.1ygrnund and sh e ll <:'r r P11o v,1tions . St.111
·r c'd 1n111 e i1ds aw,11 'di11 g tlw contr.1 ·t to tl w low •s t , mo st qt1,difit•d bidder, PKM
Design roup, in tlw .111Hn111t of $h--1,774 . STAFF SOURCE: J~rrell Rlack,
Dircclor of Parks and Recreation, and Dave Lee, Manager of Op<•n Sf)an•.
lrl. l '11li l il I l<•,11111g 11<•111-.. ( one !.C h dul d .)
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Engl ewood City Council Agenda
O c tober 15 , 200 7
Page 3
11 . Ordinances, Resolutions and Motions.
a. Approv al of Ordinances on First Reading .
i.
Cl(fd5-0
Council Bill No. 6 7 -Recommendation to adopt a Bill for an Ordinance
authorizing an Intergov ernmental Agreement between the City of Englewood
and the Regional Transportation District for cost sharing for operation of the art
shuttle through the end of 2091,.._ ~T~FF ~OURCE: Harold J. Stitt, Manager of ·
Community Development. ~p Jll4IJ,4!,)
ii. Council Bill No. 66 -Recommendation to adopt a Bill for an Ordinance
approving a joint Defense and Confidentiality Agreement between the City of
Aurora, the Northern Colorado Water Conservanc y, and th~ty of Engle woo d.
STAFF SOURCE:· Stewart H. Fonda, Director of Utilities. (J"/Yl441.0
b . ,Appro va l of Ordinance s on Second Reading .
h,~ U .--1/ i. Council Bill No. 51, approving a rezoning reque~o~ _Craig Hospital for Lots 5-
(j tUt ~~ 5-0 16, Bl oc k 4, Higgins South Broad w ay Hei ghts .#/ Yll,(J,J,,I)
ii. Council Bill No. 56 , approv ing th e execution of th e o pti o n agreement to tllJ /J. rg;-llflfwJ 5"-0 ~urc h~ ~ ,2 70 acres immediately adjacent to o ur c urr ent biosol ids application
~rr.,. Site.~
fliJ/:,6(~ ~~~ Council Bill No. 57, approv ing th e 2007 Mill Levy for coll ec tion in 2008.~
~ Ji5'7 /Jf!'d lj-}}' ( ,ti j):W~lJ'.t jdop ting th e 2008 Bud get for the City of Englewood .~
. .J.~ 11 v. Council Bill No. 59, appropriating funds for the 2008 Bud ge t for the City of rJl.~o d/JpJ ,-/ Eng(ewood . ~
L/f Ai: ~rtrJE.. j .
r,,I JJ.,L:::() 1ft l1 / vi. Council Bill No. 60, approving~ 2008 Bud ge t for the Littl et o n/Englewood
~?""~ / T -11. W~st,fwater Treatment Plant. ·~ IJA:r :Pt'~il~,,_J
v ii . Council Bill No. 61 , appropriating funds for the 2008~dgeJ for ~he
fJnsJLI/-...-/ Littlet~n /Englewood Wastewater Treatment Plant. ~
r, '[ l'JltY: l'lrt.UIJr11)1,J
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Reso lutions and Motions.
Recommendation from th e Department of Finan ce and Administrative Services
t o adopt a Resoluti o n c reating a Long-Term Asset Reserve Fund . STAFF h ...
SOU RCE: Frank Gryglewicz, Director of Finance and Administrative Servicesv /ta72l.--
r11glt•w ood ( "it y Cou11 < ii Age 11d,1
Ol Inlie r 1 'i, 200 7
l'.,gt• 4
Moore amended the language in parenthesis , in the 3"1 Whereas of the Resolution , to read :
"(net of the $1 .5 million in "bridge funds" approved for transfer to the General Fund as part of
the 2008 annual budget)"
~If/ ii.1
!b:hi di) t/1UA),d.
v'{Jr .. 5-0
Reco mm end ation from th e D epartm ent of Fi11a11 ce and Administrative Servi ces
to ad o pt a resolution trans fe rring the rem aining procee ds from the Golf Co urse
Lease to the Long Term As se t Res erve Fund . STAFF SOURCE: ~an~ •.
Gryglewicz, Director of Finance and Administrative Services./ ,l/t2l.--
iii.
iv.
V.
v i .
Rec ommendation from the Department of"Finance and Administrativ e Serv ice s
to adopt a Resolution approving the appropriation of funds in the D o n o r's Fund
for Children's Servi c es . STAFF SOURCE: Frank Gryglewicz, Director of
Finance and Administrative Services. ~
Recomm endation from th e D ep artm ent of Finan ce and Admini stT.iti vl' Sv rv ices
to adopt a Resolution appr o ving c hang es io th e City of Engl ew o od Vulunt<•<0 r
Firefighters Pension Pl an. STAFF SOURCE: Frank Gryglewicz, Din•clor of
Finance and Administrative Services. ~
Reconrn w n cbti o n fr o m th e Utiliti es D ep artm ent to app rove, b y M o ti o n ,
.,w .mling th e hid for ,1 Flocc ulation Sedirn ent .1 tion B.1sin A cc~>r<1il a11 d
H o isl sys t em t o th e lowes t acce ptabl e bidd er, C OM C on stru c t or s, In c., in th e_ "A-v. ~ A Y7I
am o unt of $6 1,355 . STAFF SOURCE: Stewart H. Fonda, Director of Utilitie~~
Reco mrn t•n cbti o n fr o in th e Utiliti es D epartm ent to ap p rove, by M o ti o n , a b id for
.111 Int erce ptor Siph o n V ault Lid Repl ace m ent. St aff reco mm ends awaTcfing th e
co ntr.1ct" t o tl w low(•st ,Kc <•pt ,1blt· bidd er, Walsh Constru c ti o n, in th e~u~1t _o f_ ·"7'\
$'i 4 ,CHlO. STAFF SOURCE : Stewart H. Fonda, Director of Utilities~/ r~
1 :2 . G e11 e rc1I Di sc uss io n .
a. M ay o r Pro Tern 's Ch o ice.
Ii. Co un c il M em be rs' C h o i e. l).)W,D,Jff!. · ·
ii.· -JI 91 i . Re~olt 1t io11 ,11 ipoi ntin~r~e Ci ty Co u ncil Memherk~.
µAI') °FfX1 6-0 / I
app'd 5-0 Woodward moved to allow MOA to place the sc ulpture in Olga's memory in the Piazza .
I 1. Ci ty M.1n.1gt•r 's Report.
app'd 5-0 Tomasso moved to waive the banner fee for the BID
I ..J . ( ity A tt ornl'y\ l~<·pm t.
15. Adjoumuwnt. '!J." if,?~
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Englewood City Council Agenda
October 15 , 2007
Page 5
The following minutes were transmitted to City Council in September 2007.
• Code Enforcement Advisory Committee meeting of July 18, 2007.
• Firefighters Pension Board meeting of February 8, 2007.
• Liquor Licensing Authority meetings of June 20 and July 18, 2007 .
• NonEmergency Employees Retirement Board meeting of May 15, 2007.
• Parks and Recreation Commission meeting of July 12, 2007.
• Planning and Zoning Commission meeting of August 7, 2007.
• Police Officers Pension Board meeting of February 8, 2007.
• Public Library Board meeting of July 10, 2007.
• South Broadway Business Improvement District meeting of August 1, 2007.
• Urban Renewal Authority meeting of July 18, 2007.
Pl ea no te: If o u ha a di sability and n
(301-i' 2 240 ) at le.1 t 48 hour
I
of Engl wood
OU .
-
1. Call to Order
ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
Regular Session
October 1, 2007
The regular meeting of the Englewood City Council was called to order by Mayor Pro Tern Woodward at
7:40 p .m.
2 . Invocation
The invocation was given by Council Member Barrentine .
3. Pledge of Allegiance
The Pledge of Allegiance was led by Mayor Pro Tern Woodward .
..
Mayor Pro Tern Woodward said we are going to have a moment of silence in memory of our Mayor Olga
Wolosyn, to reflect on all of her contributions to our City, community, and region . As you may know, Mayor
Wolosyn passed away last Thursday.
Everyone joined Mayor Pro Tern Woodward in a moment of silence .
4 . Roll Call
Present:
Absent:
A quorum was present.
Council Members Tomasso, Moore, Barrentine, Oakley, Mccaslin, Woodward
None
(Clerk's note : There is a Council Member At-Large vacancy due to the death of Mayor Wolosyn.]
Also present: City Manager Sears
Assistant City Attorney Reid
Deputy City Manager Flaherty
City Clerk Ellis
Deputy City Clerk Bush
Director Gryglewicz , Finance and Administrative Services
Director White , Community Development
Senior Planner Langon , Community Development
Director Fonda, Utilities
Fire Marshall Greene, Safety Services
Police Commander Watson , Safety Services
Fire Division Ch ief Pattarozzi, Safety Services
5 . Consideration of Minutes of Previous Session
(a) COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE THE
MINUTES OF THE REGULAR CITY COUNCIL MEETING OF SEPTEMBER 17, 2007.
Mayor Pro Tern Woodward asked if there were any changes or additions . There were none .
Vote results :
Ayes : Council Members Barrentine, Mccaslin, Moore, Woodward, Tomasso, Oakley
Englewood City Council
October 1, 2007
Page2
Nays : None
Motion carried .
6 . Recognition of Scheduled Public Comment
There were no scheduled visitors.
7 . Recognition of Unscheduled Public Comment
(a) Ann Nabholz, an Englewood res ident, said I come to you tonight as a former Council member
realizing that what we do on Council doesn 't last. It may in our memory, but all of the hard work and
dedication ... people don 't remember . The only thing my son remembers is that I got the wall raised out here, so
that the buses wouldn't impact the neighborhood. I come to you tonight with a sad and happy heart. And John,
I want to thank you for what you did at the memorial for Olga . Olga was a friend, but a distant friend . The last
two years on Council when I had problems personally, phys ically and in my home life , Olga was there . I didn't
have to ask Olga. I've written many things, I've shredded many things ... and finally decided to just come to you
and speak from the heart. I would like to see something in Olga's memory. She was on every committee
possible , at every meeting possible. I'm go ing to give a little seed money tonight and I encourage you , as
Council , to talk to your businesses , your constituents, your commissions . Let's do something, whether it be a
tree, or a garden or renaming Hampden Hall, I don't know . I'm not the artistic kind . And I can remember when I
was first introduced to Olga ... former Council Member Habenicht told me , you'll like her. And Bless Alex , but I
thought many times that she had on rose colored glasses . But she introduced me to Gary Sears at a CML
meeting , and I knew that she hadn 't steered me wrong on tha t. So, after talking with Olga, I realized that she
d idn 't always have her rose c olo red glasse s on . She was a very dedicated and ha rd work ing woman . And
things are forgotten when we leave these chairs . And I feel she worked tirelessly and endlessly to the benefit of
the citizens and the businesses and her constituents in the City . So , I'm j ust going to g ive a little donation and I
charge you to add to it. Let's do someth ing for Olga , please . Thank you .
Mayor Pro Tern Woodward and Council Member Moore both said thank you Ann .
(b) Bob Hayes sa id we we re shocked and saddened to hear of the sudden death of Mayor Olga
Wolosyn . She was a fine lady and a good Mayor for the C ity of Englewood . Her tireless effo rts on behalf of
Englewood w ill be seen fa r into the fu ture . We know that , as a congregat ion , we are praying for streng th and
encouragement , and an atmo sphere of peace for her fam ily in a very tumultuous ti me . We are also praying for
wisd om a nd gu idance for you as C it y leaders . Chang e in transi t io n is hard a nd we t ru st th is c ha nge in tran s itio n
will go s moothly as yo u co ntinue to work on beh alf of the citize ns of Englewood , Colorado . T hank you fro m the
members of the Eng lewood Bible Church . ·
Mayor Pro Tern Woodward said thank you Mr . Hayes .
(c) Cynthia Madden Leitner said tonight is more than a sad occasion for all of us because of Olga 's
passing, and we dearly miss her. And I know that all of you have given her so much kindness and support in
her leadership as a Council member and as a mayor, and that is irreplaceable . On behalf of the Museum of
Outdoor Arts , and that's who I'm representing this evening ... a lot of you, and including Olga, were very much
responsible for our museum relocating to the City of Englewood . We have now become great advocates of this
wonderful City and all of your efforts and everything you've done to support us . There's so many things that all
of you have done for Olga , but as I stand here tonight as the president and director of the museum , our staff got
together along with some of the artists that really respect and know Olga to try to make a decis ion of what we
could do for the City in dedicating someth ing to th is wonderful woman . People like Olga , and I agree w ith the
first speaker, should not go w ithout some kind of memorial and so, our museum, if the City would have it , would
like to contribu te a piece of sculpture, produced by Un Emery. She's one of the nation's best women 's
sculptors . She's worked hard to have women recognized in the United States as artists . She's in her ?O's .
She's from New Orleans . She's shown her work all over the world, including Germany, France, New York .
Texas , and her home state of Louisiana . We purchased this sculpture prior to Olga's passing, but it seems
appropriate that we could dedicate it to the City and to Olga in her memory with the appropriate dedication . I'll
pass out pictures . I think om of you have already een the photographs, the 18 foot high teel anemot1v
Englewood City Council
October 1, 2007
Page 3
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kinetic . And what I mean by anemotive kinetic is it moves in the wind . Not so much like the George Rickey
sculpture that's currently in the amphitheatre . When the concerts play out in the park, that sculpture moves with
the music. And we'd like to have this sculpture located, hopefully, somewhere near the fountain, with the
appropriate plaque dedicated to Olga . So, our hopes are that you'll all approve that and I've got some pictures
here, along with Lin's biography , that all of you can look at. Thank you .
Mayor Pro Tern Woodward said thank you very much . I'm sure we all are looking forward to seeing this, and
we'll be in touch .
(d) Norman Marcotte said I didn't know where to start, so I thought this is as good a place as any .
My neighbor has a tree, that in about a year, is going to be pushing my fence down . And I wondered if
Englewood has any program of assistance or an advisor that I could have some words with. I haven't talked
with him yet, but this is a start . And it isn't bothering me today but in a year, I expect it will be knocking my fence
down. So I have to start someplace . Can you give me some advice on this, where to start?
City Manager Sears said Sam Watson is in the back of the room here. He is in charge of our Code Enforcement
Department and Sam can work with our Code people and also with our Parks Department. Our Parks
Department is in charge of trees, forestry , within the City. So, if you could talk to Sam, and if Sam will raise his
hand back there, in the very back, I think that Sam can put you in contact with someone to take care of this
problem or work with you in what the City can do to help you out.
Mr . Marcotte said okay, thank you .
(e) Ted McChesney, an Englewood resident since 1958, said our complaint tonight, brought before
the Council , is the skateboard park at Cushing Park . That thing is a nuisance . It causes tremendous amounts
of trash around the area . It's just a plain nuisance. It is being used by very few of the Englewood residents, I
believe. I walk by the park many times during the day and there are people that are driving in cars, they're older
boys, mostly boys that are at the park, and they're driving in and they're coming in on the light rail. So , it is not
really a beneficial park, skateboard park, for the Englewood residents, I don't believe, in this area . Cushing Park
is a neighborhood park and it should be kept that way. Now I have an idea where this park could go , but I've
had a little static about it, but I'm going to tell you where I think it should go. It should go away . And also, if it
doesn 't go away , it could go over by the Police Department, in Denny Miller Field, where they could watch it.
Now we've had four of the Englewood policemen at the National Night Out that we had this year, and every one
of them said that if we could get rid of that park it would be a blessing . It would be great if we could get rid of
that skateboard park. At Denny Miller Field , there 's plenty of room there by the Code Enforcement building on
the northwest corner . It 's a long ways from the apartment bu il dings . We get a terrible amount of noise from the
park. It sounds like people are beating on trash cans most of the time. It could be, I think, feasible over at the
Denny Miller Field because it is further away . Now, if it is too noisy over there, for them, it must be too noisy for
us. So what is the liability by the City of Englewood if someone would get hurt at that park? Is there liability to
cover them? You know, what are we liable for? I see very few helmets worn , none practically that I've seen .
Elbow guards , knee pads, I see none of that. Also, it's not a very beautiful looking thing in our neighborhood.
And I'd also like to ask one more question . Would you like this in your neighborhood? And I'd like an answer .
Thank you . There was applause .
Mayor Pro Tern Woodward said thank you .
(f) Tom Wullstein said I'd hate to stand up and just reiterate what Ted just said, so I'll touch on a
couple of different things . The costs . I have something that was handed to me earlier this week that Ted did
some research on and the costs of three years of fixing the graffiti, the vandalism, has come to over $3000 .00 .
It averages eleven hundred bucks a year . The drugs ... there's a lot of drugs that go on down there . The selling,
using . The park is generally dirty . There's trash everywhere . I know it's these skateboarders that are doing it.
They're going down to Wal -Mart, going to the skateboard park . It's back and forth constantly. We're constantly
picking up trash along the street there . They spit all over the tarmac . If you go down there and watch these
kids . it's coo l for them to spit on the ground , so it's generally a d irty park . That park is basically a pavilion park
for p,cn,c and families and the skateboarding park has really turned it into nothing but a menace in our
n , hborhood . Thank you . There was applause.
Englewood City Council
October 1, 2007
Page4
Mayor Pro Tern Woodward said thank you.
(g) Larry Westra, an Englewood resident, said I live at the end of Huron Street, away from the park .
And, everytime I come home from work or anytime, half the time the kids are walking in the middle of the street
and they won't get out of the way. You can't even drive there . And if you do ask them to get out of the way,
they threaten you . I've been threatened two or three times that way, in my own neighborhood. That's from that
skateboard park. Also, I've witnessed fist fights over there when we're walking through the park with our dog.
I've seen fist fights going on there . I've seen people, that are way too old, playing at that skateboard park ... I
mean these are older guys. Now I don't know what they're doing over there, but these are all little kids living in
that neighborhood and it's a lot of rental area, but it's a lot of young children there seeing all of this stuff
happening . And I think it's a shame to have that in our neighborhood . And I agree with everybody else here, I
think that something has to be done before somebody gets hurt. And also the police are there constantly . And
who wants that in their neighborhood? Police are there all of the time, checking out things . I mean, eventually,
something's going to seriously bad happen and then where do we go from there? Thank you.
Mayor Pro Tern Woodward said thank you.
(h) Caitlin Smith, an Englewood resident, said I can admit that some of the stuff they said is true,
but I love that skate park . I skate there everyday, so I don't want it taken out. But the reason why is because
that's the only skate park that I can go to without my mom having to take me there . So, I don't want them to
take it out, but have someone staying there and watching it, so that the skaters won't do drugs. The drugs that
they sell there, they sell in the park too. And if you take out the skate park , I think that some of the drugs will
spread more there in the park ... and sell to little kids .
Mayor Pro Tern said thank you Caitlin .
Susan Smith said I'm Caitlin's mother. I came to support her and it puts me in a bad position, because she does
skate there and we live directly across the street from the skate park . And I'm aware of exactly what they're
talking about. Our home's been vandalized . We've had things stolen . They trash our yard. And I really had to
think about this today, because I would have signed that petition and I would have been the one to take out that
petition . But it's not just the skaters. We have a problem at that park . There are kids over there that don 't
skate ... that harass even the skaters . It 's not just the skaters that are the problem . It's just a problem in general.
So, like I said, she loves it and a lot of people and kids, older people , love to skate . It's a sport for all ages . I'm
not one of them , but they do, they use that as their way of relieving stress and there are good people and good
kids over there . We just have a problem in the park in general. Thank you for listening to her.
Mayor Pro Tern Woodward said thank you .
Council Member Barrentine said I could ask one thing? Since this young lady has obviously seen some illegal
activity going over there, would you do your community a service, and make sure that information gets to the
police officers that are here?
Ms . Smith replied that she has done that, on her own and we have done that too .
Discussion ensued from the audience .
Mayor Pro Tern Woodward said you're not being recorded . I think the point was made and I think maybe we
can move on to the next speaker.
Council Member Barrentine said I would like to ... she was just finishing up . I would like to hear if it is well known .
I just wanted to hear .
Ms . Sm ith repl ied it is . We 've all contacted the police . I have called the Southeast Denver Drug Enforcement to
et up . They don't com up w ith nyth ing . She 's called . The pol ice come and tell her they can 't do anyth ing .
Englewood City Council
October 1, 2007
Page 5
You know it's hard for me to try to set a good example with her and then they come, but nothing happens to
these kids. And it's not just skaters .
Council Member Barrentine said she 's to be commended. It was brave of her to do this . Thank you .
(i) Joanna Mulnix said I've just come tonight, basically , to reiterate what my neighbors have
already told you about. This is an area that I don't think you would want across the street from your house . It's
a park area where skateboards set up. There's no supervision of these children . People ride the light rail in
from Denver. There are rumors ... drug dealers know these kids are down at that park . Up and down Galapago
Street. .. Galapago Street has actually almost become an extension of the skateboard park . The kids are
skateboarding up and down it. They have noisy motor scooters, motorcycles. It's disruptive. Trash all over . It's
not fair to these children to have that there . It should be moved . They do need the recreation , but if it could be
moved by the police station or have the kids pay a couple of dollars to pay someone to supervise it. But it's not
in the proper location . It's too noisy. The neighbors can't even sit in their backyards without hearing the clangs
every time these skates hit the barrels . It's very, very noisy and totally disruptive to the neighborhood . Thank
you . There was applause .
Mayor Pro Tern Woodward said thank you.
0) William Mulnix said I would like to back up my neighbors and also say that the skateboard park
is a necessity for the kids . They need it. They need it in a sports park, which is Denny Miller Field . That's
sports. Skateboarding is sports. The park is for family, recreation , picnics, gathering for other people . I just
hope that you guys can see ... well, you 've heard the stuff that we put up with and everything else ... noise ,
motors, trash , bottles , cardboard conta iners . I just don 't know what to say anymore . I mean , we 've come to our
limits . So I thank you very much for listening to me. There was applause .
Mayor Pro Tern Woodward said thank you .
(k) Barbara Hodge, an Englewood resident, said you know, I think we're being kind of selfish ,
though . I sit at my desk all day and I th ink, oh my God , 5 :00, I can go home. I can see all of these kids running
across my lawn and spitting at me when I ask them not to do that, and throwing their candy wrappers . You
know, I think we 've been selfish long enough . How about if we shared that with somebody else? Move it and
let them all enjoy it. You can sit out on your patio on Saturday morning , you know , after work and I'm a claims
specialist and I deal with a lot of const ruct ion claims . Ahh, I get to relax out there on Saturday and see these
l ittle snott y nose k ids come o ut there and sp it on you and k ick at your car and chase your dog . I don 't think its
rig ht fo r us to have all that fun . Do you ? We need to share that ramp over there with the other people . How
about we move it? Ev er ybo dy in agreement? T here wa s a pplause . Because , she said , we 're try ing to keep
that ne ighborhood ... it 's kind of like a little lost neighbor hood now over there and I remember standing here when
th ey were talking about redo ing C inderella City and telling us how we were really going to enjoy all this . You
know, cut through there and to go to the park . That park 's been taken over by people that don't even live in the
ne ighborhood . You can 't go down there with your fam ily . Like I say, because yo u c o me home at night , when
you 're go ing shopping you turn around there on Eastman, try to get in th ere , they're stan d ing in the road .
They're daring you to try to get by them . There 's goin g to be s ome bad v iol e nce in t hat par k soon er or later .
Some ch ild is going to get hurt and then the Ci ty mi ght find th emselve s in a very t ight spot. I th ink there sho uld
be a skateboard park , but I think it needs to be re located . I rea lly do . So t hank you f o r you r t ime and I hop e you
gi ve us some serious consideration . We're trying to keep it clean . And right now, we're having a hard time
doi ng it. So thank you for listening .
(I) Aust in Ro se , from Boy Scout T roop 72 , sa id I am working on a merit badge and th is question
really isn't ab out the s kateboard park , but it is about Englewood . And the quest ion I would like to ask i~. w ith a
grow ing community , w ill the re be need fo r m ore serv ice workers ? And by that I mean , when the commun ity is
growing, because m ore pe opl e are coming in to Englewood , will Englewood need more emergency workers to
help them?
Mayor Pro Tern Woodward said I'm sorry . Will the City ... Council Member Barrentine said you have two
cho,c : you can wait until the end of Council and we can talk to you when we do our Council choice . How
Englewood City Council
October 1, 2007
Page 6
would you like us to answer you? Individually, by writing , because we can 't do it right now ... have the
discussion . How would you like us to answer you? Email you, write you, talk to you after the meeting? Wait
until Council choice? What would you like to do?
Austin Rose replied after the meeting .
Mayor Pro Tern Woodward said w you reiterate, one more time ... l had a hard time understanding exactly
what you were asking .
Austin Rose said with a growing community, will you need more emergency workers? Thank you .
Mayor Pro Tern Woodward said okay, thank you.
8 . Communications, Proclamations and Appointments
(a) A proclamation honoring the Englewood Bible Church's 1001h Anniversary on October 14, 2007
was considered .
COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 8 (a) · A
PROCLAMATION HONORING THE ENGLEWOOD BIBLE CHURCH'S 100TH ANNIVERSARY ON OCTOBER
14, 2007.
Ayes : Council Members Barrentine, Mccaslin, Moore, Woodward, Tomasso, Oakley
Nays : None
Motion carried .
Mayor Pro Tern Woodward presented the proclamation to Bob Hayes . There was applause.
(b) A proclamation declaring October 4 through 13, 2007 as Fire Prevention Week was considered .
COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 8 (b) · A
PROCLAMATION DECLARING OCTOBER 4 THROUGH 13, 2007 AS FIRE PREVENTION WEEK.
Council Member Tomasso stated that the theme is "Practice Your Escape Plan".
Mayor Pro Tern Woodward asked if there was any discussion . There was none .
Vote results:
Ayes : Council Members Barrentine, Mccaslin , Moore , Woodward, Tomasso, Oakley
Nays : None ·
Motion carried .
Mayor Pro Tern Woodward presented the proclamation to Fire Marshall Ben Greene . There was applause .
(c) A proclamation declaring October as Domestic V iolence Awa reness month was conside re d.
COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 8 (c) · A
PROCLAMATION DECLARING OCTOBER AS DOMESTIC VIOLENCE AWARENESS MONTH .
Ayes : Council Members Barrentine, Mccaslin, Moo re, Woodward, Tomasso, Oakley
Nays : None
Motion carried .
Mayor Pro Tern Woodward presented the proclamation to Police Commander Sam Watson . There was
applause .
Englewood City Council
October 1, 2007
Page 7
(d) A proclamation declaring October as National Meet the Blind Month was considered.
COUNCIL MEMBER TOMASSO MOVED , AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 8 (d) -A
PROCLAMATION DECLARING OCTOBER AS NATIONAL MEET THE BLIND MONTH.
Ayes : Council Members Barrentine , Mccaslin , Moore, Woodward , Tomasso , Oakley
Nays : None
Motion carried .
No one was present to accept the proclamation. Mayor Pro Tern Woodward said we will make sure that this
proclamation gets to the proper people, for the Meet the Blind Month . He said that I must say one of the things
about Mayor Wolosyn was, in her two years, she never missed a meeting, so this is the first meeting I've run
and I'm struggling a little bit, but I will get there . Thank you .
9 . Consent Agenda
(a) Approval of Ordinances on First Reading
There were no additional items submitted for approval on first reading . (See Agenda Item 11 .)
COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA
ITEMS 9 (b) (i), (ii) and (iii).
(b) Approval of Ordinances on Second Reading
(i) ORDINANCE NO . 51 , SERIES OF 2007 (COUNC IL BILL NO . 52, INTRODUCED BY
COUNCIL MEMBER WOODWARD)
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT REGARDING 2007 GRANT OF
ARAPAHOE COUNTY OPEN SPACE PROGRAM FUNDS FOR DUNCAN PARK ACQUISITION BETWEEN
ARAPAHOE COUNTY AND THE CITY OF ENGLEWOOD , COLORADO.
(i i) ORDINANCE NO . 52 , SERIES OF 2007 (COUNCIL BILL NO . 53 ,
INTRODUCED BY COUNCIL MEMBER WOODWARD)
AN ORDINANCE AUTHORIZ ING AN INTERGOVERNMENTAL AGREEMENT REGARDING 2007 GRANT OF
A RAPAHO E COUNTY OPEN SPACE PROGRAM FUNDS FOR BELLEVIEW PARK PICNIC SHELT ER
IMPROVEMENTS BETWEE N ARAPAHOE CO UNTY AND THE CITY OF E NGLEWOOD , CO LORADO .
(iii) ORDINANCE NO . 53 , SERIES OF 2007 (COUNCIL BILL NO . 55,
INTRODUCED BY COUNCIL MEMBER TOMASSO)
AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF "THE JUSTICE ASSISTANCE GRANr BETWEEN
THE CITY OF ENGLEWOOD A ND THE JUSTICE ASSISTANCE PROGRAM FOR T HE PUR CH ASE OF
LAPTOP COMPUTERS .
Vote results:
Ayes : Council Members Barrentine, Mccaslin, Moore, Woodward, Tomasso, Oakley
Nays : None
Motion carried .
(c) Resolutions and Motions
There were no additional resolutions or motions submitted for approval. (See Agenda Item 11 .)
10 . Public Hearing Items
Englewood City Council
October 1, 2007
Pages
(a) Mayor Pro Tern Woodward said this is a Public Hearing to gather input on Council Bill No . 51 ,
approving the Craig Hospital rezoning request for Lots 5-16, Block 4 , Higgins South Broadway Heights .
COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO OPEN THE PUBLIC HEARING TO
GATHER INPUT ON COUNCIL BILL NO. 51, APPROVING THE CRAIG HOSPITAL REZONING REQUEST
FOR LOTS 5-16, BLOCK 4, HIGGINS SOUTH BROADWAY HEIGHTS.
Ayes : Council Members Barrentine, Mccaslin , Moore , Woodward, Tomasso , Oakley
Nays : None
Motion carried and the public hearing opened .
All witnesses were duly sworn .
Senior Planner Langon said for your consideration this evening is Council Bill No . 51, a request from Craig
Hospital to rezone lots 5-16, Block 4 , Higgins South Broadway Heights, from MU-R-3-B Mixed-Use
Residential/Limited Office Retail District to MU-B-2 General Arterial Business Zone District. For this hearing , for
simplicity purposes, I am going to refer to these districts as R-3-B and B-2 . I have already submitted for the
record Proof of Publication that this public hearing was noticed in the Englewood Herald on September 7, 2007
and also a Certification of Posting from the applicant that the property was posted the required 15 days prior to
this hearing . Community Development recommends approval of this rezoning request. The subject property is
a .93 acre parcel on the east side of the 3500 block of South Clarkson Street. It's composed of four vacant
adjoining properties commonly known as 3520 , 3530, 3546, and 3556 South Clarkson Street. This parcel is
adjacent to property owned by Craig Hospital to the north and that property is currently zoned as MU-B-2, and
that property , to the north , fronts on the East Hampden Avenue commercial corr idor. The surrounding
properties to the north , as I said , are owned by Craig Hospital and that property is vacant. To the south is an R-
3-B property that is privately owned and is vacant. To the east , across the alley , is also zoned R-3-B and it is a
combination of single 2-unit residential units, commercial and vacant property. And to the west, across Clarkson
Street, includes commercial multi-unit residential and office uses . The rezoning procedure, all rezonings are
subject to 16-2-7 of the Unified Development Code, Official Zoning Map Revisions . There are two types of
rezoning procedures ; a base rezoning and a planned unit development, that Council is probably more familiar
with . The base rezoning reassigns a parcel zoning classification from one zone district classification to another
that is already identified within Table 16-3-1 .1 of the Unified Development Code . This is not a PUD where you
are used to doing a negotiation of the zoning . This is a base rezoning so , if approved , this property would
assume the B-2 Zone District des ignat ion . It would amend the Official Zoning Map and it would allow all uses
currently identified in Table 16-5-1 .1, Tables of Allowed Uses that are allowed for the B-2 District. And all future
development on the subject property would be subject to the B-2 standards. As part of the process, Cra ig
Hospital conducted a ne ighborhood meeting o n May 9 , 2007. The proposed base rezoning was reviewed by the
Development Review Team and no issues were identified by the team . The Plann in g and Zoning Commission
conducted a Public Hearing on August 7, 2007 and recommended approval of the rezoning. There are five
criteria in which the Council would judge a base rezoning and those criteria are : 1. The Minimum District Size of
37,500 square feet is met. This property is a total of 40,500 square feet. 2 . Is that the subject property be
contiguous to a compatible zone district. The subject parcel shares a property line and is directly adjacent to a
B-2 zone district to the north and it basically would just extend that B-2 zone district. Since the rezoned property
is contiguous to a like zone district, then it does meet that criterion. 3 . Is that the rezoning be consistent with
the Comprehensive Plan . Roadmap Englewood : 2003 Englewood Comprehensive Plan recognizes that health
care is an anchor to the City's economy. It also recognizes that the area surrounding Craig Hospital presents
opportunities for the City and it also iden t ifies the area as having a "high redevelopment potential" . Also this
past year the City conducted Med ical District Small Area Plan meetings and one of the goals and outcomes of
those meetings was to work closely with the area hospitals to accommodate facility expansion in a manner that
preserves and enhances the quality of life in the surrounding neighborhoods . 4 . Is that the proposed rezoning
meets one of the following criteria : that the property was previously zoned in error; or, that the property cannot
be developed , or that no reasonable economic use of the property can be achieved, under the existing zoning
or, that there has been a material change in the character of the ne igh borhood . The Craig Hospital request is
based on the latter cri ter ion ... a material change in the neighborhood . There have been progressive changes in
the neighborhood from the original single -unit residential zoning that was placed In the 1940's , to now a Multi -
Use and later to a Mixed -Use District w ith more intense uses . This has caused a change in ne ighborhood
fabric . Th i propo d rezoning promot the current or mixed-use In the area , and the Med ical Small Area Plan
Englewood City Council
October 1, 2007
Page 9
objective of wo rk ing with the area hospitals to enhance the neighborhood . And finally , the last cr iterion , 5. That
the general public health , safety and welfare of the community is protected . Community Development feels that
the subject parcel and the surrounding properties are in an area identified as an area of change. Any
redevelopment of the site must meet City regulations and applicable Code requirements. The City's
development rev iew process is designed to protect the public health , safety and wel f are and therefore no
significant impacts are identified with th is rezoning request. In conclus ion, the request meets the base rezoning
requ irements and therefore Community Development recommends approval of the zone change of Lots 5
through 16, Block 4 , Higgins South Broadway Heights from MU-R-3-B to MU-8-2 Zoning . If you have any
questions, I will be happy to answer them . Lee Means from Craig Hospital is also here .
Mayor Pro Tern Woodward asked if there were any questions . There were none .
Mayor Pro Tern Woodward sa id no one has signed up for this Public Hearing , so if anyone would like to speak,
please come forward .
Lee Means said I would like to make just a brief comment. I did not know about Olga's passing . It has been
enlightening to me tonight to see one light not on during your votes . I am here today to tell you that if the City
does want to support something in her memory, Craig Hospital will be honored to, somehow, be a part of tha t.
We are asking for this rezoning . We cleaned up a fairly unsightly block on 3500 South Clarkson . We don't
know what we are going to do. We know we aren't going to do anything residential. The most logical option, I
think, is to do something with parking . With Swedish's construction going on , commencing right now, the
number of trades that are going to be on the campus over the next 44 months ... I think parking is going to be a
real issue . We need to address that in the long term , because we are tied to Swedish , somewhat, in our parking
needs . It is important to us , I think, to be a little more independent of them and look out for the next 20 years .
Again, as I stand here in front of you, we have no plans , but I know we are not go ing to do anything in the
resident ial arena and so we th ink it only makes sense for us to go ahead and get it r ezoned and give us the
opportunity to do something of a commercial nature , for the campus, in the future . I would also like to thank
Tricia and the Community Development as well. Over the years she has really held my hand through a lot of
these things , through our PUD 's , through a myriad of th ings that we have done at Craig Hospital. And that is a
wonderful service that the City provides to those of us out there that are unfamil iar with all the community kind of
requirements and needs and the fine lines . To have her step forward and really , like I say, take my hand
through this, make sure we do it right and make sure everybody understands the whole picture ... we are very
much apprec iat ive of that whole department , but of her in particular. Thank you for your time .
Mayo r P ro Te rn Woodward sa id thank you .
Mayor Pro Tern Woodward asked if Council had any more questions for e ither staff or the applicant.
Council Member Oakley said I have a couple of things . As stated in the Council Communication that we have
before us, a couple or three good points would be that it says, "the proposed rezoning to B-2 is consistent with
the neighborhood's material changes and promotes the current or mix of uses in the area" and then it goes on
further to state that "Englewood's health care sector is approximately 15% of the municipal employees base"
and a little further down it says "the City also sees the potential for additional businesses that would pro vide
goods and services to hospital employees, patients and visitors" and then finally "the subject property is further
identified in the Study as a development opportunity". He said for that reason I would like to see us do this on
second reading and in fact , I would like to see more of this type of rezoning done, especially along 285 in that
area .
Mayor Pro Tern Woodward asked if there were any other comments . There were none .
COUNCIL MEMBER TOMASSO MOV E D , AND IT W AS SECONDED, T O CLOSE T H E PU B LIC HEAR ING TO
GATHER INPUT ON COU NCIL BILL N O . 51, APPRO VING T H E CR AI G HOSPITAL REZO N ING REQUEST
FOR LOTS 5-16, BLOCK 4, HIGGINS SOUTH BROADWAY HEIGHTS .
Ayes : Council Members Barrentine, Mccaslin , Moore , Woodward, Tomasso, Oakley
Nays : None
Motion carried and the public hearing closed .
Englewood City Council
October 1, 2007
Page 10
11 . Ordinances, Resolution and Motions
(a) Approval of Ordinances on First Reading
(i) Director Fonda presented a recommendation from the Littleton/Englewood Wastewater
Treatment Plant Supervisory Committee to adopt a bill for an ordinance approving the execution of the option
agreement to purchase 1,270 acres immediately adjacent to our current biosolids application site . He said the
committee is recommending the purchase and lease back of 1,270 acres of property for $550 ,000 .00 . It would
be done through an option agreement and a lease back with the original owner. This was negotiated .
Englewood's share will be $275,000 .00, because we will be splitting it 50/50 with the City of Littleton . The
option payment , I believe, is $82,500 .00 and that will be applied towards the purchase when we consummate it ,
but once we have the option agreement signed, it is our option to take the property. We anticipate looking over
the property, but we do not anticipate any problems with it. This property is strategically located between the
pieces of our property and that is what caused us such interest. In addition, it extends the life that we will be
seeing out of the property, so we think it is a good purchase and it is at a very reasonable price .
Mayor Pro Tern Woodward said thank you. Are there any questions from Council?
Council Member Barrentine said in the information you provided, it says the City is responsible for half of the
$82 ,500 .00 and the $275,000 .00 and that brings it to more than the $550,000 .00 . Director Fonda said the
$275 ,000 .00 is the cost ; the $82,500 .00 is part of the purchase price . It is the cost of the option , but it applies
against the $550,000 .00 . Ms . Barrentine said right, I am just pointing out that it says and, which would make me
add those . I saw in the Littleton paper, when Littleton City Counc il voted on th is , that there was some concern
that if this was not. .. well maybe you already know those concerns and if you want to address those
concerns ... about us losing that money and also how long we wou ld be leasing this property back ... if we have
any information about how we would be working that. I think the paper said that we would be leasing it to them ,
then after the purchase, and it doesn 't give a disclosed period of time, for $8 .00 per acre , per half acre. Director
Fonda said yes, for 5 years , but it also says in the lease agreement that we can term inate the lease agreement
whenever we want to . Ms . Barrentine said okay and is there any problem? There seemed to have been some
concern and discussion at Littleton and s ince we are both in this together, is there any concern about meeting
the December 15th deadline or that money being lost? Because it does say in the agreement that if we don 't
meet that deadl ine , then we lose the $82 ,000 .00 . Director Fonda said we have no concerns . We will be able to
meet the December 15th deadline . Ms . Barrentine said okay , there wasn 't any unanimous votes , I am just
ask in g if the re wa s an y re aso n whatsoever that they thought we m ight not meet that timeframe. Director Fonda
sai d I don 't know w hat they were th ink ing . Ms . Barrent ine sa id okay . D id you attend that meeting? Director
Fonda said no . Ms . Barrentine said oka y , alright.
Mayor Pro Tern Woodward asked if there was any other discussion or comments. There were none .
COU NC IL MEMB E R TOMASSO MOVED, AN D IT WAS SEC OND ED, TO A P PROV E AG E NDA IT EM 11 (a) (i)
· COUNCIL BIL L NO. 56 .
COUNCIL BILL NO. 56, INTRODUCED BY COU NCIL MEMBER TO MASSO
A BILL FOR AN ORDINANCE AUTHORIZI NG THE PU RCHASE A ND LE ASE BACK OF FARM LAN D
LOCATED 25 MILES EAST OF BYERS , COLORADO TO BE USED AS A LO NG-TERM, BE N EF ICI A L USE,
APPLICATION SITE FOR BIOSOLIDS PRODUCED BY LITTLETO N/ENGLEWOOD WASTEWATER
TREATMENT PLANT.
Vo te resu lts :
Ayes : Counci l Members Barrentine , Mccasl in , Moore , Woodward , Tomasso , Oakley
N a ys : None
Motion carried.
Director Fonda said thank you .
Englewood City Council
October 1, 2007
Page 11
(ii ) Director Gryglewicz presented a recommendation from the Department of Finance and
Administrative Services to adopt a bill for an ordinance approving the 2007 Mill Levy for collection in 2008 . He
said this is an ordinance establishing the 2007 Mill Levy , which is collected in 2008 . In my Council
Communication I did an illustration of what a typical homeowner in the City would pay. There are two different
mill levies ... one is for the General Fund and it is 5.88 mills and one is for the Debt Service on the Community
Center, this is the debt that paid for Pirates Cove and improvements to the Malley Center and the Englewood
Recreation Center, and that is 2 .293 mills, which is a total of 8 .173 mills for 2007 and collected in 2008 . That
will be certified to the County by December 151h of this year.
Mayor Pro Tern Woodward said I just want to reiterate what you have said here . A homeowner with a
$200 ,000 .00 home in Englewood , wh ich I am estimating with a property tax of probably $1100 to $1200 or
something like that , would pay the following to the City of Englewood ... a total of $130 .11, which includes the
Debt , based upon the total mill levy of 8.173 which, I think, is, considering this is a full-service City and we don't
have any parks districts, fire districts, library districts or anything like that, I think that is a real value .
Mayor Pro Tern Woodward asked if there were any other Council comments . There were none .
COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a)
(ii) -COUNCIL BILL NO. 57.
COUNCIL BILL NO . 57, INTRODUCED BY COUNCIL MEMBER TOMASSO
A BILL FOR AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF THE ASSESSED
VALUATION OF ALL TAXABLE PROPERTY WITHIN THE CITY OF ENGLEWOOD , COLORADO .
Vote results :
Ayes : Council Members Barrentine, Mccaslin , Moore, Woodward, Tomasso, Oakley
Nays : None
Motion carried .
(iii ) Director Gryglew icz presented a recommendation from the Department of Finance and
Administrative Services to approve a bill for an ordinance adopting the 2008 Budget for the City of Englewood .
He said as you know we started the budget process way back in May when we had a planning session and
since that t ime Counc il and staff have met numerous times . Th is has been , as you all know, a fa irly difficult
b u dget fo r a number of reasons . Expend itures , in general , are growing at a fairly rap id pace , mainly due to
person nel costs ... insurance, wag es ... co ntinue to grow w ith a re lati vely sl ow growing revenue source in the Ci ty.
It was a difficult process. I think this budget, while not perfect, meets the needs of a full-service City. Council is
aware that the proposed budget, as required, was wesented to Council ... that was done on September 101
h.
There was a Public Hearing held on September 17 h and the final planning retreat with staff and Council was
held on Saturday, September 22, 2007. I am not going to go through the entire budget, but the General Fund
total sources of funds, for 2008, is $39,051 ,239.00 and total uses is $39,493,551 .00 . That leaves an
unreserved/undesignated Fund Balance of $3,708,071 .00 or 10% of total revenues. The total appropriation for
the year is $39,493,551.00 . The other funds are also listed in the ord inance , but t he y are very nu merous . I just
listed the General Fund, because that is where the general public services, tha t the ci tizens enjoy and depend
on, are funded .
Mayor Pro Tern Woodward asked if there was any discussion, comments or questions for Frank.
Council Member Barrentine said I will not be voting for the budget. Part of the problem that I have had over the
past three years is the way we do the budget process . We should have started in January, not May. In May we
had no numbers even presented to us . If any citizen here wanted to go ahead and find out how we came to any
of those decisions , there was no record kept. While I spent time with Olga In the ladies room last Saturday and
decisions and presentations were made, I cannot even go back and find out what was said, because no record
was kept , because no equ ipment was even put in the room . I have brought that subject up time and time again .
Any Public Hearing where a decision about this City is being made , needs to be recorded and minutes taken . I
Englewood City Council
October 1, 2007
Page 12
find myself in a precarious position just from an emergency that happened last Saturday let alone when our
citizens go back or future Council members go back and try to find out how decisions were made, what
discussions were had about whether we should continue a fireworks display, or the Fun Fest or services or cut
certain departments . It is inappropriate and as a matter of fact , it is illegal. One of the situations that springs up
as an example, was that I brought up at several of these meetings, we were told that the Safety Services
Director position would be eliminated . I brought it up on Saturday, asked for confirmation whether that position
was being funded or not in this budget and was told that it was not and yet, I get the Englewood Citizen and find
out...and I think this is disingenuous, that Tom Vandermee has been named the Acting Director of Safety
Services . He is the Acting Director of Safety Services for a position that we have not funded and that we
already re-appropriated funds for the rest of this year. Anybody who wants to go back and find out what
happened on Saturday won't be able to . I won't be voting for the budget. It is disingenuous. It is inappropriate.
She said that will be pretty much the basic ... unless you want to hear that same reason again for when we do
the other two fundings as well. So I would just like to make that clear.
Mayor Pro Tern Woodward asked if there were any other comments . There were none .
COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a)
(iii) -COUNCIL BILL NO. 58.
COUNCIL BILL NO . 58, INTRODUCED BY COUNCIL MEMBER TOMASSO
A BILL FOR AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD, COLORADO, FOR
THE FISCAL YEAR 2008 .
Vote results:
Ayes : Council Members Mccaslin, Moore, Woodward, Tomasso, Oakley
Nays : Council Member Barrentine
Motion carried .
(iv) Director Gryglewicz presented a recommendation from the Department of Finance and
Administrative Services to adopt a bill for an ordinance appropriating funds for the 2008 Budget for the City of
Englewood . He said this bill for an ordinance is the actual spending authorization . It pretty much mirrors the bill
for ordinance that was just passed , but as I said , it gives the actual spend ing authorization for 2008 .
Mayor Pro Tern Woodward asked if there was any d iscuss ion . There was none .
COUNCIL MEMBER TOMASSO MOVED , AND IT WAS SECONDED , TO APPROVE AGENDA ITEM 11 (a)
(iv) -COUNCIL BILL NO . 59 .
COUNCIL BILL NO. 59, INTRODUCED BY COUNCIL MEMBER TOMASSO
A BILL FOR A N O RDINANCE APPROPRIATI NG MONIES FOR ALL MU N ICIPAL PURPOSES IN THE CITY
OF ENGLEWOOD , COLORADO, FOR T HE FISC AL YE A R BEGI NN ING JANUARY 1, 2008 , A ND ENDIN G
DECE MB ER 31, 2008, CONSTITUTI NG W HAT IS TERMED THE ANNUAL APPRO P RIATION BI LL FOR THE
FISC AL YEAR 2 008 .
Vote re sults:
Ayes : Council Members Mccaslin, Moore, Woodward, Tomasso, Oakley
Nays : Council Member Barrentine
Motion carried .
(v) Director Gryglewicz presented a recommendation from the Department of Finance and
Administrative Services to adopt a bill for an ordinance approving the 2008 Budget for the Littleton/Englewood
Wastewater Treatment Plant. He said this bill for an ordinance adopts the Wastewater Treatment Plant's
Budget for 2008 . They have a beginning funds balance available of $115 ,674 .00 , total uses of funds of
$28 ,947,141 .00, total uses of $28 ,947 ,141 .00, aga in leaving an end ing funds available of $115 ,674 .00 .
Englewood City Council
October 1, 2007
Page 13
Mayor Pro Tern Woodward asked if there was any discussion . There was none .
COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a)
(v) -COUNCIL BILL NO. 60.
COUNCIL BILL NO . 60 , INTRODUCED BY COUNCIL MEMBER TOMASSO
A BILL FOR AN ORDINANCE ADOPTING THE BUDGET FOR THE LITTLETON/ENGLEWOOD
WASTEWATER TREATMENT PLANT FOR THE FISCAL YEAR 2008 .
Vote results:
Ayes : Council Members Mccaslin, Moore, Woodward , Tomasso , Oakley
Nays : Council Member Barrentine
Motion carried .
(vi) Director Gryglewicz presented a recommendation from the Department of Finance and
Administrative Services to adopt a bill for an ordinance appropriating funds for the 2008 Budget for the
Littleton/Englewood Wastewater Treatment Plant. He said this is the actual spending authorization for the
Wastewater Treatment Plant for 2008 . The amount of that appropriation is $28,947,141 .00 .
COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a)
(vi) -COUNCIL BILL NO. 61 .
COUNCIL BILL NO . 61 , INTRODUCED BY COUNCIL MEMBER TOMASSO
A BILL FOR AN ORDINANCE APPROPRIATING MONIES FOR THE LITTLETON/ENGLEWOOD
WASTEWATER TREATMENT PLANT PURPOSES IN THE FISCAL YEAR BEGINNING JANUARY 1, 2008,
AND ENDING DECEMBER 31 , 2008, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION
BILL FOR THE FISCAL YEAR 2008 .
Mayor Pro Tern Woodward asked if there was any discuss ion . There was none.
Vote results :
Ayes : Counc il Members Mccaslin, Moo re , Woodward , Tomasso , Oakley
Nays: Council Mem be r Barren ti ne
Motion carried .
(b) Approval of Ordinances on Second Reading
There were no additional items submitted for approval on second reading . (See Agenda Item 9 -Consent
Agenda .)
(c) Resolutions and Motions
(i) Director Gryglewicz presented a recommendation from the Department of Finance and
Administrative Services Department to adopt a resolution approving the transfer of funds from the Public
lmprove,:nent and ServiCenter Funds to the General Fund. He said this is a resolution to transfer funds from the
Public Improvement Fund in the amount of $550,000 .00, to the General Fund. There is a little history on this
one, as everyone knows, the City was hit with the snow storm that caused considerable damage to the City's
roadways . At that time. the Public Improvement Fund did not have enough money to make those needed
repairs, so the General Fund made a transfer of those monies to the Public Improvement Fund . Since that time ,
due to increases in revenue , those funds are now available to transfer back to the General Fund and that is part
of th is transfer. The second part is the CityCenter Fund is transferring $60,000 .00 from funds available to the
General Fund and these are for repairs to vehicles and maintenance to vehicles that we do for outside agencies
of th City . And g ,n . that i $60 ,000 .00 .
Englewood City Council
October 1, 2007
Page 14
Mayor Pro Tern Woodward asked if there was any discussion . There was none .
COUNCIL MEMBER OAKLEY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (i) -
RESOLUTION NO. 89.
RESOLUTION NO . 89 , SERIES OF 2007
A RESOLUTION APPROVING THE TRANSFER OF FUNDS IN THE 2007 BUDGET.
Vote results:
Ayes : Council Members Barrentine, Mccaslin, Moore , Woodward, Tomasso, Oakley
Nays : None
Motion carried .
Mayor Pro Tern Woodward said thank you Frank.
12 . General Discussion
(a) Mayor's Choice
(i) Mayor Pro Tern Woodward sa id I would like to make a Council Request per a cit izen
and that is , I would like to request that the Transportation Advisory Committee with staffs help, start analyzing
what k ind of impact the River Front development will have on Oxford east of Santa Fe and how it will affect the
neighborhood traffic .
(ii) Mayor Pro Tern Woodward said I just want to express my heartfelt condolences to Jim
Doty and the family of Olga Wolosyn . Over the past two years Olga and I have worked very closely together ,
met often and became good friends . We talked every Sunday or Monday regarding the upcoming meetings .
Last week while I was trying to list some of the items that she had participated in , it just became overwhelming ,
espec ially realizing how much I was unaware of. At some level, I now understand why Olga seemed to be in
such a rush to get th ings completed . I will truly m iss her as a friend and a colleague .
(b) Counc il Members' Choice
(i) Coun ci l Membe r Ba rren ti ne :
1. She said regarding Olga, I wanted to acknowledge Fire Division Chief Mike Pattarozzi and Assistant to
the City Manager, Sue Bradshaw. As we were wa iting in the ladies room for the paramedics to come , I don 't
think that she could have been more at peace, understanding that she had the best people taking care of her .
They were compass ionate and understanding and professional and put her in as much ease as much as
anybody in that situat ion could be . And I hope that her family kno w s that she was well taken care of as if she
were your own family member. I appreciate what you guys did , as well as your EMT's and pass that alo ng to
them .
2. She said the Cushing Park residents ... ! apprecia te that yo u took the opportuni ty to come and give us a
little bit more ins ight ... not only to the Skate Park , but to the other activities that are going on in that park . Caitlin ,
I really admire that you have taken the opportunity and the time to call the police . I am sorry that you are
ex posed to that and at a ne ighborhood park . I appreciate your wanting to keep that amenity close to your home ,
bu t I apprec iate you r honesty in saying that there are problems there too and back ing that up by cont inu ing to
add ress the proper authorities along w ith your very supportive , and apparently , pretty strong mother. So , thank
you very much fo r c omi ng . That took a lot of guts and I apprec iate what you have to say.
3. She said I would like to acknowledge the Boy Scouts . I always love it an yt ime somebody w an ts to ask
us the hard hitting questions that they are willing to stay until past their bedtime to make sure we answer them
so I look forward to talk ing to you when we are done . Thank you .
Englewood City Council
October 1, 2007
Page 15
(i) Council Member Mccaslin :
1. He said I would also like to express my appreciation for you two young youth of our community to get up
in front of adults . I am a school teacher and to get a kid to stand up in front of a classroom is difficult, but for you
two to stand up in front of a room full of adults , I really have a lot of admiration for you . I would like to speak to
both of you before you leave .
2. He said I would also like to thank the neighbors of Cushing Park for expressing their concerns about the
activities happening at the Park . I feel that we intend to kind of ignore or turn our heads, as long as it is not
happening in our neighborhood. And I really agree, do we need to look at issues, and look at the entire picture
and say where can we really make a difference . And my concerns and my hopes, as we address this issue, and
resolve it to the satisfaction of the neighbors in Cushing Park . My wife is the principal at Bishop Elementary and
I know that she has had to go down to the Park . They have to use the Park for soccer or some of their PE
activities and there are some concerns down there . So, I hope in our best interest, that we look at both sides
and really resolve this issue .
3. He said the Platte River cleanup ... by the way Boy Scouts, I was in Troop #92, no offense but it was a
pretty good Troop . I spent Saturday morning, before I went to umpire, we walked the Platte River for the Platte
River cleanup and I talked to a few people . We did a good job . It is really starting to look good. There are
some areas of concern , but I think the cit izens of Englewood should be proud that we are out there doing the
cleanup .
4 . He said the church ... I want to express my hope and wishes that everything is good with the church and
thank you guys for showing up tonight. I apprec iate it so much .
5 . He said my condolences to Jim Doty. He called me on Monday night and he expressed the fact that
Olga probably wouldn 't make it. It was a tough week and it has been a tough thing to stomach . I tell you what , I
wouldn't wish this on anybody, but God bless her and I hope that the family is okay. Thank you very much .
(ii) Council Member Moore :
1 . He said, regarding Olga , the serv ices were beautiful on Friday . It was great to meet her family . I cannot
believe the phys ical resemblance among her sisters and even more so her mother. It was quite fascinating and
beautifu l. I would like to thank Counc il for allowing me to represent us . It was very important to me to get to do
that. I would also like to thank the staff for pull ing that reception together. That was following the services, and
having that more informal setting here and the recept ion, provided a wonderful opportun ity for friends and family
to share their thoughts and celebrate her life . So , thank you very much .
2. He said I would like to bring up one thing that I did not have a chance to do in Study Session . At the
budget meeting we talked about a reserve that I would like to see created . There was a draft Council
Communication circulated during the meeting . It didn't get finished until today , so I apologize for the late
distribution . The idea would be ... again, this was the reserve we talked about in the budget session, the purpose
would be that whenever we are receiving proceeds from the sale or lease of our long-term assets, those monies
would go into this reserve so that the ir usage ... whether to satisfy the current budgets or other
investments ... would be very transparent or easy to identify. So I have worked with the staff and Jim on this
draft Council Communication that I am comfortable lays out what I envision for that fund . In short , it sets up the
purpose . It makes clear that once the fund is established , any remaining funds from the Golf Course lease will
go in to this reserve as well as any proceeds we will be receiving from the McClellan Reservoir property . My
idea 1s I would like to have this on the Council Agenda for October 15th so this Council can pass it on second
reading on November 5th . Whether it is ton ight or over the next week , if I could get comments ... again the t iming
is tight, but certainly if I could get comments if the Council is comfortable proceeding w ith voting on this on the
15 1
h . I would appreciate it .
Co un c il M mber Barrentine said you are going to pres nt th m to th packet for th first r ding on th 151
h
th n? Mr Moore 1d that 1s correct. Mr . Woodward 1d th r will b two r ding on th1 if it i a council bill
Englewood City Council
October 1, 2007
Page 16
or if it is a resolution , there would be one . Mr . Moore said thank you ... by doing it on the 151
h, the advantage was
that we can go ahead the night we are passing the budget on second reading, we can also go ahead and make
the transfer of those remaining Golf Course Funds in conjunction .
Council Member Tomasso said would there be an additional portion to this where when we appropriate the
Bridge Funds out of this and there is excess money at the end of the year in the budget. .. that money that came
out of this fund, would go back in this fund? Mr. Moore said I would certainly support that goal. My concern
would be that would be too constraining for us in terms of ... we can 't limit future Council spending . I do believe
we can create this tracking device , so to speak , and that's why I don't know if we can go much further than what
is proposed .
Mayor Pro Tern Woodward said I think that if someth ing is known and we are do ing .. .for example, what we
would consider a temporary transfer, because we know something is happening or bel ieve something to be
happening in the future, we may be able to do a conditional, or a condition of that transfer and that if something
in the future happens to get that money returned .. .for example, the money that is coming back from the PIF for
snow removal improvements .
Council Member Barrentine said I think accounting wise that can be accomplished just by Frank showing that it
is still owed to that Fund . However, we don't have any present situation like that right now, that would just
involve the fund that you are creating right now ... right? To my understanding , we don 't have a situation like
that presently , that would involve this fund that he is trying to create, th is would just be presently more
information and more track ing for assets , on long-term assets , and how they are be ing expended, instead of
mixing them into the General Fund in which I am in whole hearted agreement. I think the minutia that would be
up to the process as we made those decis io ns at the t ime on whether we wanted the m notated in that accou nt
as com ing back and be ing owed . That would happen at the time that the decision was made. Mr. Moore sa id
correct. Ms . Barrentine said and Frank is a wizard so he could always do that. He could always make sure
information is ava ilable , but that is something that could be discussed at the time .
Council Member Barrentine said so are there any changes to what you are presenting from what was discussed
on Saturday? Council Member Moore sa id I have not intent ionally made any changes . I believe th is is an
accurate description of what I meant on Saturday. So , it is cons istent, it is exactly cons istent with what I was
trying to say at that Saturday meet ing . T hank you . Council Member Barrentine sa id I will have time to rev iew it.
That's fine .
Mayo r Pro Tern Woodwa rd sa id t hank you Joh n.
(iii) Council Mem ber Oakl ey:
1. He said generally at this time of the meeting, I would be looking down the row at Mayor Wolosyn asking
me , Wayne , do you have anything? Personally , tonight I am looking at an empty chair . It is going to be hard,
but I am doing so . With that, we move on as we have too .
2 . He said to the people that appeared before us tonight with their concerns about the park and
skateboard activities, I feel that we have to do something about this . I appreciate the young lady appearing
tonight. I know it was hard for her and I know she has a certain amount of fun over there , but I know from what I
have heard from the neighborhood, she has also been subject to some abuse . As Councilmen , we can't abide
by this , so we have to do something .
3 . He said to the Scouts , welcome . I've been a part of scouting all of my life and it's good to see you here
tonight.
4 . He said I agree w ith Laurett and the statement she made about recordings of our meetings . I would like
to see some improvements made in that area . However, I don 't th ink they are seriou enough to stop the
budget process .
(v) Council Memb r Toma o :
Englewood City Council
October 1, 2007
Page 17
1 . He said I would also like to acknowledge a great loss tonight. Over ten years ago, Olga and I were both
introduced the same night, as we were sworn in to the Cultural Arts Commission . We have worked together on
a lot of projects ... a lot of projects that haven't been completed . It was very appropriate to have her memorial
out by the fountain ... something that she had worked on . It was also very appropriate to have the reception in
Hampden Hall. .. performing space that she had worked very hard, over a number of years, to obtain . It was one
of the crowning goals in her life . Jim Doty, her husband, has asked me to thank you and thank everyone for
their support, including the City staff. They showed a great deal of sympathy and gratitude in learning that
we ... he asked that we carry on a legacy that she has left to us, that we make sure that it doesn't die . The
volunteers in the schools teach everyone of us to continue, as he said he would do himself.
2 . He said the park neighbors; I think they have made a very good point. They have come up with a very
good option ... the solution to the problem . I know that the skate park is being improved. It was presented to us
that they want to put it in cement. That building a new skate park, at that point, might be the option if they are
going put it in concrete. They have also suggested the option of using the existing slab at the park for another
picnic area . So, I think that is a solution . Unfortunately, it won't be right across the street. It will be a little
further away, but still kind of a straight line down Elati, but that will hopefully remove the drugs and the other
problems from your neighborhood, so your back yard will be more enjoyable.
3 . He said the last thing, for those of you who have appeared and want to take part in government, the
candidate forum for the candidates running for City Council will be held at Englewood Middle School, Thursday ,
October 11 1h at 6 :30 ... the doors open at 6 :00 .
4 . He said as for the budget process , we did have a member of the press in the room taking notes . I
mean, they are not as good as a recording , but he did take ' s. It was an open meeting and it was recorded
by the press . Thank you . . ....
Mayor Pro Tern Woodward said I am going to take the opportunity to cover a couJ?le of other items that I failed
to mention . One was I talked with Ted McChesney at, I believe it was , on the 10 of September ... and I told him
I would bring forward to the Parks and Rec meeting the issues you had discussed and also the idea of moving
the skate park over to Denny Miller Field . And on the 11 1
h , we did have that meeting and I did bring this
up ... your concerns and complaints with what was goin g on and told them that I had invited you to come to our
next regular meeting and that you may be coming with a petition from your neighbors . I also mentioned that you
had the idea that Denny Miller Pa rk would seem to fit into our Parks Master plan and part of the Parks Master
Plan has redesigning of Denny Miller Park and I think with that , it eliminates certain things from happening , I
believe. That is, I think it would eliminate people coming from Light Rail. It just seems that it is further away and
out of the way . Certainly there are police around at that location and I think that is something I hope you do
follow through with and come forward at our Parks and Rec Commission meeting and share with the
commission what's going on there .
• ••••
Mayor Pro Tern Woodward said with regard to the Boy Scouts ... what I heard ... and I hope this is correct...was
would there be more emergency workers, within the City , if the population increased? And depending upon the
size of the population and the increase, I th ink the answer would probably be yes . Although the City of
Englewood is landlocked , and we don't have much opportunity to expand other than upward, if Safety Services
comes in and says staff-w ise, we need more emergency personnel, that is something that City Council would
consider . And if there were enough people, I think we would certainly take their recommendation . So, I hope
that answers your question . if that was your question .
Council Memb r Barrentine asked are you going to still be around after this , because I would have addressed it ,
but I thought w gr d to do it after the meeting . Okay. I d idn 't mean to ign ore you . I d idn 't know he was
01ng to do th, Th nk .
Englewood City Council
October 1, 2007
Page 18
13 . City Manager's Report
•••
(a) City Manager Sears said I just want to say that I know the staff and I are going to miss Olga
tremendously and I do want to say thank you to Council for your comments about the staff pulling together. We
have an outstanding, excellent staff who has worked extremely hard . I will pass on your comments and
compliments to them for stepping forward on that.
(b) City Manager Sears said I'm going to be gone next week to National School of Public
Administration . I have been chosen to be on a review board and they are paying expenses for that trip, so I will
be gone Monday, Tuesday, and Wednesday and won't be back until next Thursday. Mike will be here to
manage the City at that point in time .
14 . City Attorney's Report
(a) Assistant City Attorney Reid did not have any matters to bring before Council.
* * * * *
Council Member Moore asked did we agree in Study Session regarding the meeting on the 81
h ... did we agree to
pass next week? I wasn't sure if that was a follow-up item here. We will not be holding Study Session on the
B'h .
Mayor Pro Tern Woodward said we will not be holding Study Session next week, as we'll only have four
members here. So, next week's Study Session will be cancelled .
Council Member Moore said thank you .
15 . Adjournment
RO TEM WOODWARD MOVED TO ADJOURN . The meeting adjourned at 9:15 p.m .
PUBLIC COMMENT ROSTER
AGENDA ITEM 7
UNSCHEDULED PUBLIC COMMENT
DATE: October 15, 2007
PLEASE LIMIT YOUR PRESENTATION TO FIVE MINUTES
PLEASE PRINT
NAME ADDRESS TOPIC r
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PROCLAMATION
WHEREAS , as many as 44 million adults in this country cannot read at levels necessary
to succeed in today's society; and
WHEREAS , the problems created by illiteracy affect all Englewood residents through
lower productivity and higher social costs ; and
WHEREAS, the tireless efforts of many local groups, including the Colorado State
Daughters of the American Revolution , have contributed to the success of literacy programs
through volunteerism; and
WHEREAS, volunteers in our state ha ve enabled many residents to reach their goals by
providing free classes and tutoring; and
WHEREAS , community programs throughout our Nation are celebrating National
Family Literacy Day.
NOW THEREFORE, I, James K. Woodward, Mayor Pro Tern of the City of Englewood,
Colorado , hereby proclaim the day of November 1, 2007 as :
NATIONAL FAMILY LITERACY DAY
in the City of Englewood, Colorado . I urge all of our citizens to honor literacy students, tutors,
and all those who support the literacy effort , and encourage those who are able, to become a
vo lunt eer for lit eracy organizations or libraries in the City of Eng lewood , Colorado.
James K . Woodward , Mayor Pro Tern
8a
COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
October 15, 2007 9 a i Vacation of Two Utility Easements at
U.S . Highway 285 and Santa Fe Drive
Initiated By: Staff Source:
Utilities Department Stewart H . Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None.
RECOMMENDED ACTION
The Water and Sewer Board, at their October 9, 2007 meeting, recommended Council approval of
the vacation of two utility easements .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Utilities Department has submitted a vacat ion of two util ity easements to be issued to the
Colorado Department of Highways (COOT) for two existing easements. One is 20 ' x 1 O' and an
additional triangular easement that is approximately 106' x 1 O', located at South Santa Fe Drive and
U .S. Highway 285 . The C ity originally obtained these easements April 11 , 1967 via a Bill of Sale
from South Arapahoe Sanitation Distri ct.
The sewer that ex isted in these easements w as abandoned two years ago and th e main relocated .
Engle w ood 's easements c ross the future entran c e of The Park at Sheridan . COOT is the owner of
the property in th e ea se m ents . COOT w ill reta in ow nersh ip but the dev eloper of The Park at
Sh erid an can land sc ap e th e ar ea and us e fo r access.
The Utilities Engineer determined that Englewood's easements serve no purpose for the City and
should be vacated for the proposed development.
FINANCIAL IMPACT
None.
LI ST O F ATIA CHM ENTS
Bill for an Ordinance
'
ORDINANCE NO.
SERIES OF 2007
BY AUTHORITY
COUNCIL BILL NO. 54
INTRODUCED BY COUNCIL
MEMBER~~~~~
A BILL FOR
AN ORDINANCE AUTHORIZING THE VACATION OF TWO UTILITY EASEMENTS
LOCATED AT SOUTH SANfA FE DRIVE AND U.S . HIGHWAY 285 BETWEEN THE
COLORADO DEPARTMENT OF TRANSPORTATION AND THE CITY OF ENGLEWOOD,
COLORADO.
WHEREAS , the Englewood Utilities Department has recommended a Vacation of Sewer
Easements across property owned by the Colorado Department of Highways (CDOT) for two
existing easements; and
WHEREAS, the City of Englewood originally obtained these easements in 1967 from the South
Arapahoe Sanitation District; and
WHEREAS, the sewer that existed in these easements was abandoned 2 years ago and the sewer
main was relocated; and
WHEREAS , Englewood's easements cross the future entrance of "The Park at Sheridan"
dev elopment; and
WHEREAS , the Colorado Department of Transportation is the owner of the property in the se
easements and will retain ownership and the developer of "The Park at Sheridan" will landscape
the area and use it for access; and
WHEREAS , the Englewood Water and Sewer Board rev iewed the vacation of the exi sting
easement that is 20' by l O' and an additional triangular easement approximately 106' by 1 O' locat ed
at South Santa Fe and U .S . 2 85 at their September 4, 2007 meeting and recommended the vacatio n;
NOW, THEREFORE, B E IT ORDAINED BY THE CITY COUNC IL OF THE C ITY OF
ENGLEWOOD, COLORADO, A S FOLLOWS :
Section 1. The vacation of the existing easement that is 20' by 1 O' and an additional triangular
easement approximately 106' by 10' located at South Santa Fe and U .S . 285 for the Colorado
Department of Highways (CDOT) as shown on Attachment 1, attached hereto, is hereby appro ed
by the Englewood City Council.
Introduced, read in full , and passed on firs t read ing on the 15t h day o f Oc tober, 2007 .
Published as a Bill for an Ordinance on the 19th day of October, 2007 .
James K. Woodward, Mayor Pro Tern
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 15th day of October, 2007 .
Loucrishia A. Ellis
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COUNCIL COMMUNICATION
Date: Agenda Item:
October 15, 2007 9 a ii
Initiated By:
Utilities Department
Subject:
Permit -City Ditch Crossing Agreement with
Qwest on South Santa Fe Drive
Staff Source:
Stewart H. Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None.
RECOMMENDED ACTION
The Englewood Water and Sewer Board, at their October 9, 2007 meeting, recommended Council
approval of the Permit -City Ditch Crossing Agreement and Temporary Construction Easement for
Qwest on South Santa Fe Driv e.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Utilities Department recei v ed a Permit for Crossing the City Ditch and a Temporary
Construction Easement from Qwest for a telecommunications cable along Santa Fe . Qwest will be
crossing the City Ditch w ith a single 1-1 / 4 " plastic duct pipe containing fiber cable in close
prox imity to the existing telecommunications cable. The crossing is at Lot 1, Block 1 at Wolhurst on
the northwest corner of Santa Fe and C-4 70 in Littleton . The Tempora ry Constru ct ion Agreement
allow s for construction of the encased cable to cross the City Ditch w ith in the permit parameters .
Th e permit w ill allo w th e enc ased telecommuni c ation s ca ble to c ross 18 " t o 24" b eneath
En glewood's 4 8 " Ci ty D itc h pipe fro m Santa Fe Drive to th e adja c ent p ro p erti es loca t ed wes t of
Santa Fe D rive. Eng lewoo d's City Attorney an d t he Uti lities Engi n eer have reviewed an d approved
the Permit -City Ditch Crossing Agreement and Temporary License Agreement.
FI NANCIAL IMP ACT
None.
LI ST OF ATTACHMENTS
Bill for an Ordinance
ORDINANCE NO .
SERIES OF 2007
BY AUTHORITY
ABil..LFOR
COUNCil.. Bll..L NO. 62
INTRODUCED BY COUNCIL
MEMBER~~~~~-
AN ORDINANCE AUTHORIZING A "PERMIT -CITY DITCH CROSSING
AGREEMENT" AND A "TEMPORARY CONSTRUCTION EASEMENT" FOR A
TELECOMMUNICATIONS CABLE ALONG SOUTH SANT A FE LOCATED AT
WOLHURST AND C-4 70 BETWEEN QWEST AND THE CITY OF ENGLEWOOD,
COLORADO .
WHEREAS , Qwest submitted request for a Permit for Crossing the City Ditch and a
Temporary Construction Easement for a telecommunications cable along South Santa Fe;
and
WHEREAS , the Permit-City Ditch Crossing Agreement would allow a single 1-1/4 "
plastic duct pipe containing fiber cable to cross 18 " to 24" beneath Englewood 's 48 " City
Ditch Pipe from South Santa Fe Drive to the adjacent properties located west of South
Santa Fe Drive ; and
WHEREAS , this crossi ng is located at Wolhurst on the northwest corner of South Santa
Fe and C-470 in Littleton; and
WHEREAS , the Temporary Construction Easement allows for the construction of the
encased cable to cross the Cit y Ditch within the permit parameters ; and
WHEREAS , the Englewood Wat er and Sewer Board recommended approval of the
"Pemlit -City Ditch Crossing Agreement" and the "Temporary Construction Easement"
for the location of 3066 South Sherman Street , Englewood, Colorado at the October 9 ,
2007 , meeting;
NOW, THERE FORE , BE IT ORDAINED B Y THE C ITY COUNC IL OF THE CITY OF
EN G LEWOOD , CO LO RADO , A S FO LLOWS :
Section 1. The "Permit -City Ditch Crossing Agreement" and the "Temporary
Construction Easement" for Qwest to cross the City Ditch with a single 1-1 /4" plastic duct
pipe containing fiber cable at the location of Wolhurst on the northwest corner of South
Santa Fe and C-470 in Littleton, attached hereto as "Attachment l ," is hereby accepted and
approved by the Eng lewood City Council.
Section 2. Purs uant to Article V , Section 40, of t he Englewood H ome Ru le Charter,
the City Council has determined that "Attachment l ", attached to this Ordinance, shall
not be published because of its size . A copy is available in the Office of the Englewood
City Clerk.
-1-
Section 3. The Director of Utilities is authorized to execute the "Permit -City Ditch
Crossing Agreement" and the "Temporary Construction Easement" for and on behalf of the
City of Englewood, Colorado.
Introduced, read in full, and passed on first reading on the 15th day of October, 2007.
Published as a Bill for an Ordinance on the 19th day of October, 2007.
James K. Woodward, Mayor Pro Tern
ATIEST:
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 15th day of October, 2007.
Loucrishia A. Ellis
-2-
~----------
PERMIT -CITY DITCH CROSSING AGREEMENT
THIS PERMIT AGREEMENT, made and entered into as of the_ day of __ _
, 200_, by and between the CITY OF ENGLEWOOD, a municig_al corporation of
Colorado, hereinafter referred to as "City", and O,w~,s1" .. ~RP, ( Ci'LU~9 herein refe1Ted to as
"Pennittee".
WITNESSETH: The City hereby authorizes Permittee, its successor, assigns, to install a_
/ I/ " .:>ltv6-r~F. I 11/ 1"t-A.~ru:. ·-i;>~r· ?"o,,.r;-;,11,,•1,.'e;-hecn tJJ'rtl! C;>f7'!.1.£.
______________ ("Facilities") in the City's rights-of-way for the City Ditch,
desc1ibed as a parcel of land situated in the .St:1r:.-m wf:.sr Q~'911'7t:a of Section
3 Z. , Township 5 s~um Range d,p ~s,
___ of the t, ~ P.M., County of Arapahoe, State of Colorado
described as follows:
[See attachment]
County of Arapahoe, State of Colorado , desc1ibed on Exhibit A, attached hereto and made a part
hereof, under the following te1ms and conditions :
1. Any c on struction c onte mpl ated or performed under this Per mit shall comply with and
confonn to co mmer c ially rea son a ble s tandards fo rmul ated by the Director of Utilities of the City
and s uc h cons tru ctio n sh a ll be p er fo rm e d and compl e te d acco rdin g to the pl ans, cons istin g of on e
sheet, a copy of which is attac h ed hereto and made a pait hereof and approved by th e City.
2. The Permittee shall notify the City's Director of UtiJit.ies at least three (3) days prior to
the time of commencement of th e construction of, or any repairs mad e to, Penni tt ee' s Faci lities
so that the City may, in its d iscreti o n , inspec t such op erations at its so le cos t. In th e event th a t
emergency repairs m ust be made to the Faci liti es, Pennittee may do so wi th out pro vidin g
adva n ce notice, provi ded however th at Permi tt ee sha ll no tify th e Director of Utiliti es wi thin th ree
(3) days after the comp letion of such emergency repairs.
3 . \Vithin the time pe1iod agreed to by City and Pennittee and identified on the plan ,
Pennittc shall complete such construction, place and maintain permanent, visib le marker , of a
type and at such locations as reasonably designated by the City's Director of Utilitie , referring
t th cnt rline f the installation and shall clear the eras ing area of all construction debris and
I#( l7 '<•" ~ I 17Hlll 01(,0 111 ! 7 11 47 A 1 J
A
T
T
A
C
H
M
E
N
T
l
restore the area to its previou s co ndition a s near as may be reasonable. In th e event the placing
of the centerline markers and the cleating and restoration of the crossing area is not completed
within the time specified, the City may complete the work at the sole expense of th e Pennittee.
4 . The City shall have the right to maintain , in sta ll , r e pair, remove or re loc ate the City Ditch
or any other of its facilities or installations within the City's lights-of-way, at any time and in
such manner as the City deems necessary or convenient, in accordance with Colorado law. The
City reserves the exclusive right to control all of the City's easements and installations. In the
event the -Pl.A~r-u .. vucr Ct,,.,;i-?1,.,.,,,.~. l'llUlt! !51Pt.£ should interfere with any future use of the
City's lights-of-way by the City, the Permittee shall, relocate, rea1rnnge, or remove its
installations so as not to inte1fere with any s uch use . Pennittee shall pay for the cost for such
relocation , rearrangement, or removal as required by Colorado Jaw .
5. Any repair or replacement of any City installation made necessary bec ause of the
construction of the 7t.A.snc. vuc.r C.:.""1if1m.,,rt::1r /I.ca, ~;;:,t.£. or other appurtenant
installation thereof, shall be made at the sole expense of Pennittee.
6 . The stipulation and conditions of this Permit shall be incorporated into contract
specifications if the c onstruction herein authorized is to be done on a contract basis.
7 . Permittee shall contact an d fully cooperate with the City's personnel as reasonably
required and the con struction shall be compl eted without interference with any l awful, u s ual or
ordinary flow of water through the City ditch . Penni ttee shall assume all risks to the Faciliti e s
incident to the possible presence of suc h waters, or of s torm waters, or of smface waters in the
City Ditch .
8. All Trenches or holes within the City's rights of way shall be backfilled and tamped to
the original ground line in layern not to exceed six (6) inches loo se measure to a compaction of
ninety percent (90%) Standard Proctor Maximum Density.
9. Qwest acknowledges that the following conditions are contained in Section 12-3-2 of the
E n glewood Municipal Code. By including these terms in this permit, Qwest does not waive its
right to cha ll enge the lawfulness of these conditions pursuant to the Colorado
Teleconummications Act, 38-5.5-101, ct seq. the federal Telecommunications Act of 1996,
Tele ·ommunications Act of 1996, Pub . L. 104-104, 110 Stat. 56, codified at 47 U .S .C. § 151 e t
seq . r any other provision of state or federal law :
a . The right and privileges granted in this License shall be subject to p1ior
agreements, li censee and/or grants, recorded or unrecord ed, and it shall be the
I ~lkl 7 <,•n.1 I 17 l<l<l 01 c,Q 11/!VW07 11 47 A M }
Licensee's sole responsibility to determine the existence of said documents or
conflicting uses or installations.
b. Licensee, by acceptance of this License, expressly assumes full and strict liability
for any and all damages of every nature to person or property caused by water
from the ditch leaking through the ditch banks or pipeline at the point or points
where the Licensee perfonns any work in connection with the crossing provided
by this License. The Licensee assumes all responsibility for maintenance of the
installation.
c. Licensee shall indemnify and save hatmless the City, its officers and employees,
against any and all claims, damages, action or causes of action, and expenses to
which it or they may be subjected by reason of said ?~r1717~ -P1tc.r
?bNrY/IN,l'rl'pr rt&E.1' arnc. v9,'S~L
--------------------being within and across and
under the premises of the City or by reason of any work done or omission made
by Licensee, its agents or employees, in connection with the construction,
replacement, maintenance or repair of said installation.
d . It is expressly agreed that in case of Licensee's breach of any of the within
promises, City may, of its option, have specific performance thereof, or sue for
damages resulting from such breach.
10 . Upon abandonment of any right or p1ivilege herein granted, the light of Licensee to that
extent shall terminate, but its obligation to indemnify and save harmless City, its officers and
employees, shall not terminate in any event.
In granting the above authmization, City reserves the right to make full use of the
property involved in accordance with applicable Colorado law as may be necessary or
convenient in the operation of the water works plant and system under control of City.
IN WITNESS WHEREOF, this instrument has been executed as of the day and year first
above written .
CITY OF ENGLEWOOD, COLORADO
Direc tor of Utilit ies
·n g lewoo d W ater and S e w er B o ard
{#01.l 7blJJ I 171()()(11(,{) 11/ ~007 11 47 M)
-
The undersigned officer of Qtc>c.S r UJ!,'i>~i!.lr TJM./ has read the
foregoing Pennit -City Ditch Crossing Agreement and agrees for and on behalf of said ___ _
C,2!-')ecr aR.,:1c-1<.,,,vn.c,,,/ , that it will accept and will abide by all the
terms and conditions thereof.
PERMITTEE:
/J.l P.~
By: ~/.fr'/R'1..G.t 7",,!.l'fC~
Title: -P!:.t_t!.G·~ /ft:;-n'o't:-;:i:.trr'
Address: f 1$'"0 £'. tt)."Srlu.A AP£.
M&-/..f ~""'--o . & 8011 Z:
Phone: 36:,. 78.·i< "Zl7
STATE OF COLORADO )
)ss
COUNTY OF ARAPAHOE )
Acknowledged before me this ~!aay of ~')o C 2007 by (' lY.J..'°"lo S .Pf aULi
~al egad:-e 1-\ v.:-l-lv> e..t+ '1
My Commission expires Jc) ·~ /-0 -,
My Com missi on Exp ires / d;r.~l I -0 ·1
(#007/C,1!14 I 17100·01<,0 t)IK/~()(17 11 47 AMI
'-;\ ( A .R &P \'.::'(\ (.-(Y\ ~ ,,_J)___l.__'
Notary Public
------..... =""'------------
EXHIBIT "A"
QWEST 'S PLANNED PLA CEMENT
WILL BE 4' -5' BELOW EXI STING
GRADE TO MAINTA IN A 1' CLEARANCE
BEL OW THE CITY DITCH PIPE
NW COR .
LOT 1, BLK 1
WOLHURST
CENTERLINE LENGTH-=50.0'±
ACROSS CITY DITCH ROW
NE CO R.
LO T 1, BLK 1
I
FILED IN THE ARAPAHOE COUNTY
CLERK ANO RECORDER'S OFFICE
8 001< 22 , PA GE 78 I
LOT 1
BLOCK 1 I
SWl/4 SEC. 32
TSS, R68W, 6TH P.M. I
I
I
1780 S. Oello,re St ,, St•. 230
Oen¥e,, CO 80222
l [l (J0))7~)-t7H rAx (lOJ)75J -•O ..
PSM J0B ,IIR 6ll82
ACAO nu: R66ft2-[XH OHL; o we
ORAWN : ARS
JBDIVISION OR OWNLR
CITY OF
1.) P ARCEL Ov.tlERSHIP IS BASED ON THE RECORDS OF THE COUNTY ASSESSOR .
2.) ACCORDING TO COLORADO LA W, YOU MUST COMMENCE ANY LEGAL ACTION
BASED UPON ANY DCFECT IN THIS SURVEY WITHIN THREE YE AR S AFTER YOU
FIRST DISCOVER SUC H DEFECT . IN NO EVENT MAY ANY ACTION BASED UPON
ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TCN YEARS AFTER THE
DA TE Of THE CER TIFICATION SHO WN HEREON .
.l ) THE ONLY PURPOSE Of THIS EXHIBIT IS TO SHO W THE LOCATION OF THE
TCLCCOM MUNI CATIONS EASEM(NT(S) FOR OWEST COMMUNICATIONS .
~-) THIS EXHIBIT SH ALL BE CONSIDERED NULL ANO VOID IF ALTERED IN ANY WAY.
0 QWEST ENGLEWO D CORPORATION
PART OF lHE SWl 4 SECTION 32 TOW SHIP 5 S0U1 H RANGE 68 Wf ST 1 "= 2 0' 1801 CAIJOONIA ST., STE. 5100
Tl ! r RINCIPAL MERIDIAN ARAPAHOE COUNTY COLORADO PAGE 1 OF 2 DENVER co 80202
A LICENSE LOCATED IN THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 5
SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF ARAPAHOE,
STATE OF COLORADO, ALSO BEING A PORTION LOT 1, BLOCK 1, WOLHURST
SUBDIVISION, FILED IN THE JEFFERSON COUNTY CLERK ANO RECORDER'S OFFI C E AT
BOOK 22, PAGE 78:
BASIS OF BEARING OF THIS DESCRIPTION IS THE 1-.JORTHERL Y LINE OF SAID LOT 1,
BLOC!< 1, ASSUMED TO BEAR N89.52' 43"W A DISTANCE OF 1458.29 FEET;
BEGINNING AT A POINT WHICH BEARS S89.34'35"E A DI STAI\ICE OF 1 24 4.86 FEET
FROM THE NORTHWEST CORNER OF SAID LOT 1, BLOCK 1;
THENCE S89.52'43"E A DISTAI\JCE OF 50.00 FEET TO THE POINT OF TERMINUS;
WHENCE THE NORTHEAST CORNER OF SAID LOT 1, BLOCK 1 BEARS N8T49'33"E A
DISTANCE OF 163.58 FEET;
THE CENTERLINE LENGTH IS 50 .0 FEET, MORE OR LESS.
I , THE UNDERSIGNED, A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO,
00 HEREBY STATE THAT THIS EXH IBIT WAS PREPARED BY ME OR UNDER MY
SUPERVISION AND IS TRUE ANO ACCURATE TO THE BEST OF MY KNOWLEDGE.
R[VI SCD : 09/24/07
1780 S. BeMoi,e St., Slt, 2l0
Denver, CO 80722
1(L :(JOJ)16l-17tl (A> (JOJ)?!l -40 44
PSo,,j JOB # 0 82
ACAD '1U: R &12 -Cl<H OH Y OWO
DRAWN : ARS
~~--------tA1tJ~-• P .L.S . 3 11 58 ~TE
PRECISION SURVEY & MAPPING, INC.
5C1fTY 0 ~E OF ENGLEWOOD c~':;n6N
PART OF THE SW1 4 <;fCTION 32 10\'INSHIP 5 SOUTH RANGE 68 'fffST 1 "= ' 1801 CALIFORNI A ST., SlE . 5100
COLORADO PAGE 2 OF 2 DENVER co 80202
TEMPORARY CONSTRUCTION EASEMENT
This Temporary Construction Easement (the Temporary Easement) is entered into this_ day of
______ , 2007 by and between the City of Englewood, Colorado, a municipal c01voration
of the state of Colorado, acting b the through its Water and Sewer Board (Grantor) and __ _
Q1,<>Lsr t:;tl'f, • ~1rr1:i;1 lM£t.r (Grantee).
WHEREAS, The City of Englewood owns a right-of-way for the City Ditch, a canier ditch (City
itch ROW) which is located as described on Exhibit A.
II
WHEREAS , Qt<>f:.~r desires to install a / lo/ 'PtASTtt!. -Pt.;c·r
~,,r~u1"Mt'.r hsEA !A&tE... within the City Ditch ROW pursuant to a license between the parties.
NOW, THEREFORE, In consideration of the mutual covenants of the parties, more
pa11icularly hereinafter set fo1th, the adequacy and sufficiency of which are hereby
ac lmowledged, it is agreed as follows:
1. Temporary Construction Easement. Englewood (as Granter) hereby grants to __
a>,.(,)e.sr (as Grantee), its successors, assigns, contractors, and sub-
contractors, a non-exclusive temporary construction easement through, over,
under and across the City Ditch ROW for the installation of a l:t.AsQe. 7.)a.cr
~,,.·1.-1~ 6r..~1t. pursuant to a license agreement (the Project).
2. Term of Easement. The Project will begin no sooner than and will be
completed no later than . Completion of the Project will be
deemed to have occuned upon inspection and approval of the Project by Grantor
and this Temporary Easement will be deemed to have terminated upon suc h
completion .
3. Access. Grantee shall have the temporary non-exclusive right to enter the City
Ditch ROW for any reasonable purpose necessary or prudent for the construction
of the Projec t subject to the following restrictions: 1) normal work.ing hours shall
be consi s te nt with CDOT construction hours, Monday through Friday and 2) the
op ra tion of equi pment and heavy truck will be permitted on the Englewood City
Ditch ROW only du1ing no1m al working hours .
4 . Re !oration . Upon completion of the Project, Grantee will perform such
re s torati n and regarding as is necessary or prudent to restore the urface area of
the ity Dit c h ROW to its origina l conditi n .
1•1~1 'tt<I ~ I 17100 01< 9/ 'W07 11 47 AM I
5. Indemnification . Grantee, to the extent permitted by the laws and constitution of
the State of Colorado, hereby agrees to be liable and hold harmless the City of
Englewood, its employees, tenants, and guests from any and all claims, causes of
action, and liability which may occur as a result of the negligent or wrongful acts
of Grantee in the construction of the Project, including the cost of defending
against such claims.
6. Liability. Grantee hereby acknowledges that it understands that there is water
flow in the City Ditch from April 1 to November 1 of each year and that it will
assume liability for any damage to adjoining prope1ty caused by water flow
resulting from damage to the City Ditch caused by the Grantee's construction
activities.
7 . Insurance. Grantee shall maintain in full force and effect a valid policy of
insurance for the Project in the amount of $600,000.00 property coverage and
$600,000.00 liability coverage. Grantee further agrees that all its employees,
contractors and sub-contractors working on the Project shall be covered by
adequate Workers Compensation insurance .
8 . Assignment. This Temporary Construction Easement is assignable only with the
w1itten permission of Englewood, which permission will not unreasonably
withheld, conditioned or delayed.
IN WITNESS WHEREOF, the patties hereto have executed this temporary construction
Easement on this date and day first written above.
In g ranting the above authorization, the City r eserves the right to make full use of the prope1ty
involve d as may be necessary or convenient in the operation of the water works plant and syste m
unde r con trol of the C ity.
IN WIT:t\TESS WHEREOF this ins trum ent has hcen executed as of the day and ye:i r fir s t
above w r itten.
lTY OF ENGLEWOOD
By: _____________ _ By: __________ _
Chainnan Director of Utilities
Englewood Water and Sewer B oard City of Englewood
(#ll<l77M.4 I 171( Ol<oOtJ/ .'00/ 11-1 7 AMI
--------------
The undersigned officer of O(U>r.ftT Ce,R'Ptill.//T1P,I has read the foregoing License and
agrees for and on behalf of said 6:t~ur Ct7r,1"()l{l'in-o-,/ that it
will accept and will abide by all the tenns and conditions thereof.
LICENSEE:
Notary / O l
"' \ , fl _ My Commission Expires I J. ·..:l ·
~\\'\CX'x\\J.XX-..
My Commission Expires:
Address: 97SGJ E. 4'6n·,M. A11t.
( #llCl 7/h'l 4 I 17100 0 l<tO 'l/8/2007 11 47 AM I
.
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ARAPAHOE COUNTY MAK E-P-RESEN=F-A-T1 WARRANTY AS TO THE
ACCURACY OF THIS MAP OR THE DATA THAT IT DISPLAYS. ARAPAHOE COUNTY
ASSUMES NO RESPONSIBILITY OR LIABILITY TO ANY USER. THIS MAP IS NOT A
LEGAL DOCUMENT. IT IS INTENDED TO SERVE AS AN AID IN GRAPHIC
REPRESENTATION ONLY.
Page I of 1
t
COUNCIL COMMUNICATION
Date:
October 15, 2007
Initiated By:
Agenda Item:
9 a iii
Safety Services , Police Division
Subject:
Internet Crimes Against Children Regional Task
Force Intergovernmental Agreement
Staff Source:
Commander John Collins
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None
RECOMMENDED ACTION
The Department of Safety Services, Police Division is recommending that City Council adopt a Bill
for an Ordinance authorizing and approving an intergovernmental agreement between the
Department of Safety Services , Police Division and the Internet Crimes Against Children Regional
Task Force.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Englewood Department of Safety Services , Police Division , has been asked by the Internet
Crimes Against Children Regional Task Force to participate in a cooperative endeavor that focuses
on indi viduals w ho attempt to sexually exploit children . This Task For ce has been in operation since
2003 and has continued to expand. The Po li ce Div ision w ill benefit in this endeav or as it enables
us to better identify such indi v iduals, the task force will prov ide specialized training and access to
t ec hni ca l reso urces that we otherwise do not ha v e available to us . There are forty-eight state,
muni ci pal and fe deral agencies that participate in this ta sk fo rce . These agencies include, but are
not lim ited to the Aurora, Denve r, Fort Collins , Littleton, Colorado Springs and Glendale Poli ce
Departments, the Federal Bureau of in vestigation, U .S. Attorney's Office, Air Force O.S .I., ICE , Postal
Inspection Office, the Arapahoe and Douglas County Sheriff's Office.
FINANCIAL IMPACT
The Internet Crimes Against Children Regio nal Task Force provides training and technical support
and resources. There is no cos t to th e City of Englewood.
LIST OF ATTACHMENTS
Bill for an Ordinance
..
ORDINANCE NO .
SERIES OF 2007
BY AUTHORITY
COUNCIL BILL NO. 63
INTRODUCED BY COUNCIL
MEMBER _____ _
ABILLFOR
AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF AN
"INTERGOVERNMENTAL AGREEMENT FOR THE INTERNET CRIMES AGAINST
CHILDREN REGIONAL TASK FORCE" BETWEEN THE CITY OF COLORADO SPRINGS
AND MEMBER PARTIES AND THE CITY OF ENGLEWOOD, COLORADO.
WHEREAS , internet crime against children is an on-going problem in the City and State as
well as around the world ; and
WHEREAS , the purpose of this intergovernmental agreement is to provide a task force to
combat internet crimes against children; and
WHEREAS , governments ha ve the authority to join in agreements to fight these crimes
pursuant to the Colorado Constitution, Article XX, Section 6; Colorado Constitution Article
XIV , Section 18 ; Section 29-1-203 C.R.S ., Title IV of the federal Juvenile Justice and
Delinquency Prevention Act of 1974, as amended ; and
WHEREAS , the mission of the Task Force shall be to : Share intelligence gathered by the
parties relating to internet crimes committed against children; make inter-jurisdictional arrests of
suspects ; conduct training ; provide public education on internet safety and preventive measures ;
conduct joint open and undercover inv estigations pertaining to internet crimes against children;
NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO , THAT :
Section 1. The "Intergovernmental Agreement For The Internet Crimes Against Children
Regional Ta sk Force", attached hereto as Exhib it A, is her eby 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 determined that the Agreement shall not be published because of its size .
Section 3. The Mayor Pro Tern is hereby authorized to sign said Agreement for and on behalf
of the City of Englewood, Colorado.
Introduced, read in full, and passed on first reading on the 15th day of October, 2007 .
Published as a Bill for an Ordinance on the 19th day of October, 2007.
James K. Woodward, Mayor Pro Tern
ATIEST:
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 15th day of October, 2007.
Loucrishia A. Ellis
...
INTERGOVERNMENTAL AGREEMENT FOR THE D\JTERNET CRIMES
AGAINST CHILDREN REGIONAL TASK FORCE
This Intergov ernmental Agreement, dated for reference this 1st day of June, 2003, is
made by and between the City of Colorado Springs, a Colorado municipal corporation
an d home rule city ("City") an d lhe member Parties as indicated by signature h ereto .
The Patties Agree as follows:
SECTION 1 -AUTHORITY:
This intergovernmental agreement is made under authority of Colorado Constitution,
Aliicle XX, Section 6; Colorado Constitution A1iicle XIV, Section 18; Section 29-1-203
Colorado Revised Statutes, Title IV of the federal Juvenile Justice and Delinquency
Prevention Act of 197 4, as amended, and a Cooperative Agreement between the City and
the U.S. Department of Justice, Office of Juvenile Ju st ice and Delinquency Prevention .
SECTION 2 -PURPOSE:
The purpose of this intergovernmental agreement is to provide a task force to combat
intemet ctimes against children. Task force members may be mm1icipal, county, m
federal agencies.
SECTION 3 -INTERGOVERNMENTAL AGREEMENT TERM:
The te1111 of this Intergovenunental Agreement shall, commence at 1 :00 am on the 1st
day of June, 2003 and shall end at 11 :59 pm on the 31st day of May, 2008, unless sooner
te nninated per the provisions of this Agreement.
SECTION 4 -EXPENDITURES :
Expenditures and Fees of Each Party Deemed Expenditures of That Party: The parties to
this Agreement agrnc that the purpose of this Agreement is to jointly accomplish pursuant
to C.R.S. Section 29-1-203 activities which could be performed separately by each Pmty.
Accordingly, it is agreed and understood for purposes of the Colorado Constitution,
Article X Section 20, and the Colorado Springs City Charter, that any fees contributed or
paid, or othen¥ise provided by any Party to this Agreement to another P arty to this
Agreement are and remain an expenditure of the contributing, paying, or otherwise
pr vi cling Party, and are not revenue or xpcnditures of lhe receiving Party.
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SECTION 5 -THE TASK FORCE:
5.1. The Task Force:
a). The Colorado Internet Crimes Against Children Regional Task Force is hereby
created. Each Party to this Agreement shall be a member of the Task Force. The Parties
agree that the City shall be the lead agency through the Colorado Springs Police
Department (CSPD).
b). Additional federal, municipal, and county agencies may become Parties to this
Agreement with the consent of the CSPD chief. New members shall obtain approval of
this IGA by their governing body in accord with Section 29-1-203 C.R.S. or, if federal, in
accord with federal regulation. Upon approval, a signature sheet shall be attached and
added to this agreement, signifying membership, and the city shall notify all Pa1ties of the
new Party membership.
5.2. The mission of the Task Force shall be to:
a) Share intelligence gathered by the Patties relating to internet crimes
conm1itted against children;
b) Make inter-jurisdictional anests of suspects;
c) conduct training;
d) provide public education on internet safety and preventive measures;
e) conduct joint open and undercover investigations pe1taining to internet
crimes against children.
5.3. Meetings: Meetings of the Task Force shall be scheduled by the City, which will
provide adequate notice for time, date, and location. Each Party will send a Designated
Representative to attend meetings. Each Party shall ensure that it is represented at least
two meeting s per year. The purpose of the meetings shall be to share information,
coordinate investigations and facilitate acc omplishing the Task Force's mission. Each
Pmty shall cooperate with the City to provide information needed for City report s to the
U.S. Department of Justice.
5.4 . Operations -The Parties may share investigative information on a daily basis in accord
with Co lorado Law. Peace officers from the Pmties may engage in corporative investigations,
both open and und ercover, involving each other's jurisdictions, with the consent of the chief
pence officers of jurisdictions involved. However, when physically operating in a j u risd ictio n
other than the officer's own jurisd icti on, an officer shall be accompanied by an officer of the
jurisdiction in which the investigative activities are occurring. For purposes of this agreement,
"accompanied" in the physical presence of for purposes of open investigations, and sha ll mean an
officer within supporting distance of the inv es tigating officer and actively participating in the
investigation activity for undercover operations. In the event that a raid or arrest is carried out by
Task Force officers, the lead officer and anesting officer shall be an officer of the jurisdiction in
which the raid or arr st tnl es place; the officers of other jurisdictions may assist.
5 .5. Funding: Federal funding is not required for participation in this Agreement.
However, the City has re ceived Office of Juvenile Justice and Delinquency Prevention
(OJJDP) funds from the federa l government. The City may continue to apply for this
funding. The City may, at its sole determination, make subgrants of these federal funds
to various Task Force members. In doing so, the Ci ty shall detennine what equipment
and cash payments will be provided to a member, and the use of th at cash or equipment.
The City shall provide the 1:,1rants and or cash by an amrnal letter . No further action or
a1:,rreement will be required by the governing body of the City or the receiving party to
e ffectuate the grant transfer. The City shall retain ownership of the equipment, with the
beneficial use being held by the Party. In the event the using patty withdraws from this
Agreement or ceases, in the City's sole opinion, to actively participate in the Agreement,
then the equipment provid ed under this provis ion or acquired with cash provided under
this provision shall be returned to the City within thi1ty (30) days of written demand by
the City, unless the City otherwise elects to transfer ownership of the equipment to the
using party by written notice. All letters providing grants of equipment or cash, and all
letters transfe1ring ownership of equipment to Parties, shall be attached to this Agreement
as sequentially numbered Attaclm1ents.
5.6. Equipment: Upon tennination of this Intergovenm1ental Agreement, all
vehicles and other personal property equipment procured by any Party pursuant to sub-
grant funding by the City pursuant to this Intergovernmental Agreement shall be and
remain the prope1ty of the City unless the City otherwise directs in wliting.
SECTION 6-GENERAL TERMS AND CONDITIONS:
6 .1. Assignment: A Paity shall not assign or otherwise transfer this
Intergovernmental Agreement or any right or obligation hereunder without the p1ior
written consent of the City .
6.2. Law: This Intergovernmental Agreement is subject to and shall be interpreted
under the law of the State of Colorado , and the Chatter, City Code, Ordinances, Rules
and Regulations of the City of Colorado Sprin gs, Colorado, a Colorado Home Rule City.
Court venue an d jurisdiction shall exclusively be i n the Colorado District Court for El
Paso County, Colorado.
6.3. Appropriation and Availability of Funds:
n). Appropriation and availability of funds -The City In accord with the Colorado
Constitution, Article X, Section 20, and the City Charter, performance of the City's
obligations under this lntergovenunental Agreement are expressly subject to
appropriation of funds by the Colorado Springs City Council. Further, in the event that
funds are not appropriated in whole or in part sufficient for perfonnance of the City's
bligations under this Intergovernmental Agreement, or appropriated fonds may not be
exp nded due to Constitutional or City Charter spending limitations, then the City may
termin ate this Intergovernmental Agreement without compensation to the other Patties.
b). Appropriation and availability of funds -Colorado governmental enti ti es: In
accord with the Colorado Constitution, A1iicle X, Se ction 20, performance of each Party's
obligations under this Intergovenu11ental Agreement are expressly subject to
appropriation of funds by the Paiiy's governing body . Fmiher, in the event that funds are
not appropriated in whole or in part sufficient for perfon11ance of the Party's obligations
under this Intergovernmental Agreement, or appropriated funds m ay not be expended clue
to Constitutional Article X spending limitations, then the Pa1iy may terminate its
pmticipation in this Intergovernmental Agreement without compensation to the other
Parties.
c). Appropriation and availability of funds -federal agencies: The perfomrnnce of a
federal agency's obligations under this Agreement is expressly subject to appropriation
and availability of funds for that pmvose.
6.4. Intellectual Prope1iy Rights: The Parties hereby agree, and aclmowledge, that all
products, items writings, designs, models, examples, or other work product produced
pursuant to this Intergovenu11ental Agreement are and shall be the prope1iy of the City,
and that the City owns, has, and possesses any and all ownership rights and interests to
any intellectual prope1ty made or produced under or pursuant to this Intergovernmental
Agreement, including any and all copyright, trademark, or patent rights, and that
compensation to a Patty for agreement and aclmowledgement of this INTELLECTUAL
PROPER TY RIGHT section of this Intergovernmental Agreement is included in the
Consideration rendered to the Parties by the City in agreeing to this Intergovernmental
Agreement. It is the intent of the Paities that the City shall have full ownership and
control of the products produced pursuant to this Intergovernmental Agreement, and each
Paity specifically waives and assigns to the City all 1ights which the Party may have
under the 1990 Visual A1iists Rights Act, federal, and state law, as now written or later
amended or provided. In the event any products, items writings, designs, models,
examples, or other work product produced pursuant to this Intergovenunental Agreement
is deemed by a comt of competent jmisdiction not to be transfen-ed to or owned by the
City, this INTELLECTUAL PROPERTY RIGHTS provision shall act as an in-evocable
assignment to the City by the Pa1ties of any and all copyrights, trademark rights, or patent
rights in the products, items writings, designs, models, examples, or other work product
produced pursuant to this Intergovenunental Agreement, including all rights in
perpetuity. Under this irrevocable assigmnent, each Pmty hereby assigns 10 the City the
sole and exclusive right, title, and interest in and to the products, items writings, designs,
models, examples, or other work product produced pursuant to this Intergoverm11ental
Agreement, without further consideration, and agrees to assist the City in registering and
from time 10 time enforcing all copyrights and other rights and protections relating to the
products, items writings, designs, models, examples, or other work product in any and all
countries. It is each Party's specific intent to assign all right, title, and interest
whatsoever in nny and all copyright rights in the products, items writings, designs,
mod<.:ls, exmnples, or other work product produced pursuant to this Intergovernmental
Agre ·ment, in any media and for any purpose, including all rights of renewal and
extension, to th City. To that end, each Party agrees to execute and deliver all necessary
1 um ent requc tcd by the City in c01mec tion therewith . and hereby grants to the City
...
all rights to execute, register, and file any such applications, and to do all other lawfully
permitted acts to further the registration, pro secution, issuance, renewals, and extensions
of copyrights or other protections with the same legal force and effect as if executed by
each Paiiy; further, the paiiies expressly agree that the provisions of this
INTELLECTUAL PROPERTY RIGHTS section shall be binding upon the parties and
their, successors, and assigns.
6.5 . Termination : The City may terminate this Intergovernmental Agreement for
convenience upon thirty clays prior written notice to the Parties, without compensation to
the Patties. Any Party may terminate its participation this Intergovernmental Agreement
for convenience upon thirty days prior written notice to the City and re-payment to the
City of all unexpended funds provided to the Party under this Agreement.
6.6. Local Concern: The parties agree and aclmowledge that the activities
contained in this Agreement are matters of local concern only, and that the Parties have
mutually joined together for the perfo1111ance of the matters of local concern, and that
nothing in this agreement shall or be construed as making any of the local concerns
covered herein matters of mixed concern or statewide concern.
6.7. Entire Agreement. This Agreement, together with all exhibits attached hereto,
constitutes the entire agreement between the parties hereto, and all other representations
or statements heretofore made, verbal or written, are merged herein, and this Agreement
may be amended only in writing, and executed by duly authorized representatives of the
paiiies hereto.
6 .8. Nonwaiver of Rights. No waiver of default by the City of any of the tem1s,
covenants, and conditions hereof to be perfo1med, kept, and observed by any Party shall
be construed, or shall operate, as a waiver of any subsequent default of any of the terms,
covenai1ts, or conditions herein contained to be perfonned, kept, and. observed by that
Pa1iy .
6.9. Force Maj eure. In the event of either party being rendered unable wholly, or in
part, by force majeure to carry out its obligations under this Agreement, other than its
obligations to make payments of money due hereunder, then on such paiiy's giving notice
and full particulars of such force majcurc in writing to Lhe other party as soon as po ss ible
after the occunence of the cause relied on, then the obligation of the party giving such
notice, so far as it is affected by such force majeure, shall be suspended during the
continuance of any inability so caused, but for no longer period, and such cause shall, as
far as possible, be remedied with all reasonable dispatch. The term "force maj eure" as
employed herein shall mean acts of God, acts of the public enemies, wars, blockades,
insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, stonns, and
floods.
6. 10. Headings. The headings of the several articles an d sections of this Agreement are
inserted only as a matter of co n venien ce and for reference an d cl o not define or limit the
scope or intent of any provisions of this Agreement and shall not be construed to affect in
any manner the tenns and provisions hereof or the interpretation or co nstruction thereof.
6 .11. Integration. This is a completely integrated Agreement and contains the entire
agreement between the parties. Any prior written or oral agreements o r r epresentations
regarding this Agreement shall be of no effect and shall not be binding on any Pmty or
the City. Further, eaci1 Party and the City aclrnowledge and agree that this is a n eg oti ate d
text agreement, and that as such no term shall be constru ed against the City as the author
thereof.
6 .12. No Third Paiiy Beneficiary. It 1s expressly understood and . a&,'1.·eed that
enforcement of the tenns and conditions of this Agreement, and all rights of action
relating to such enforcement, shall be strictly reserved to the Parties hereto , and nothing
contained in this Agreement shall give or allow any such claim or right of action by any
other or third person or entity on such Agreement. It is the express intention of the
Parties hereto that any person or entity, other than the Pa1iies to this Agreement,
receiving services or benefits under this Agreement shall be deemed to be incidental
beneficiaries only.
6.13. Waiver: The provision of services under this Agreement is for the benefit of the
member Paities. Accordingly, Each Paiiy does hereby waive, remise, and release any
claim, 1ight, or cause of action it may h ave, or which may accme in the future, against
the City arising in whole or in part from this Agreement.
6.14. Compensation: Except as otherwise stated in this Agreement, no Paity to
this Agreement shall be required to pay any compensation to other Paity or the other
Party's personnel for any services rendered hereunder. Nothing in this agreement shall be
constiu ed to place the persormel of any Pa1ty under the control or employment of another
Paity. Each Party remains responsible for all pay, entitlement, employment decisions,
and worker's compensation liabilities, for its own personnel. Nothing in this agreement is
intended to create or grant to any third party or person any right or claim for damages or
the right to bring or maintain any action at law, nor does any Party waive its immunities
at 1aw, including immunity granted under the Colorado Governmental Immunity Act.
6.15. This Intergovernmental Agreement has been approved by the Pmties in accord
with Section 29-1-203 C.R.S . by a Colorado Springs City Council Resolution, and
appropriate governing body resolution of each Party as provided under Section 29-1-203
C.R.S., or federa l authori zation, to be attached for reference hereto as Exhibits A, which
resolutions authorize the signatures below.
-c ·ITY OF ENGLEWOOD, COLORADO
J mes K. Woodward, Mayor Pro Tern
COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
October 15, 2007 9 a iv Denver Innocent Images Task Force Memorandum
of Understanding Intergovernmental Agreement
Initiated By: Staff Source:
Safety Services Department, Police Division John Collins, Commander
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None
RECOMMENDED ACTION
The Department of Safety Services , Police Division is recommending that City Council adopt a Bill
for an Ordinance authorizing and approving an Intergovernmental Agreement between the
Department of Safety Services , Police Division and the Federal Bureau of In vestigation.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Englewood Department of Safety Services, Police Div ision, has been aske d by the Federal
Bureau of In v estigation to participate in a task force that focuses on individuals who attempt to
sexually exploit children. The Police Div ision will participate in a limited role by providing one
detective part-time. The Police Division will benefit in this endeavor as it enables us to better
identify such individuals, The task force will provide specialized training and access to resources
that w e otherwise do not ha ve available to us.
FINANCIAL IMPACT
The part-time services of one Police Division detective.
LIST OF A TI AC HMENTS
Bill for an Ordinance
ORDINANCE NO.
SERIES OF 2007
BY AUTHORITY
COUNCIL BILL NO. 64
INTRODUCED BY COUNCIL
MEMBER~~~~~-
ABILLFOR
AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF AN
INTERGOVERNMENTAL AGREEMENT ENTITLED "DENVER INNOCENT IMAGES TASK
FORCE (DENVER IITF) MEMORANDUM OF UNDERSTANDING (MOU)" BETWEEN THE
FEDERAL BUREAU OF INVESTIGATION (FBI) AND THE CITY OF ENGLEWOOD,
COLORADO.
WHEREAS , internet crime against children is an on-going problem in the City and State as
well as around the world ; and
WHEREAS , the purpose of this intergovernmental agreement is to identify and target for
prosecution producers, distributors and possessors of child pornography and any other
individuals using the internet to entice minors for the purpose of sexual exploitation; and
WHEREAS , t he Denver IITF will enhance the effecti veness of Federal/State/Local law
enforcement resources through a well coordinated initiative seeking the most effective avenues
by which to convict and incarcerate dangerous offenders ; and
WHEREAS , the authority for the FBI to enter into this agreement can be found at 2 8 C.F .R.
Section 0 .85 and applicable United States Attorney General guidelines ;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO , THAT:
Section 1. The Intergovernmental Agreement "Denver Innocent Images Task Force (Denv er
IITF) Memorandum of Understanding (MOU), attached hereto as Exhibit A , is hereby accepted
and appro ved b y the Englewood City Council.
Sect ion 2. Pursuant to Article V , Section 4 0, of the Englewood Home Rul e Charter, the Cit y
Council has determined that the Agreement sh all not be published because of its size.
Section 3. The Mayor Pro Tern is hereby authorized to sign said Agreement for and on behalf
of the City of Englewood, Colorado .
Introduced , read in full , and p assed on first read ing on the 15t1i day of October, 2007.
Published as a Bill for an Ordinance on the 19th day of October, 2007.
James K. Woodward, Mayor Pro Tern
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 15th day of October, 2007 .
Loucri.shia A. Ellis
D
DENVER INNOCENT IMAGI:$ TASK FORCE .(D.ENVER IITF)
MEMORANDUM OF UNDERSTANDING (MOU)
1) PARTIES
Th is Memorandum of Understanding (MOU) is entered Into by and between
the Federal Bureau of Investigation (FBI); the Englewood Police Department.
2) AUTHORITIES
Authority for the FBI to enter into this agreement can be found at 28 U.S.C . §
533; 42 U.S.C . § 3771; and 28 C.F.R. § 0.85 and applicable United States
Attorney General g1,1ldelines. ·
3) PURPOSE
The purpose of this MOU is to delineate the responsibilities of DENVER IITF
participants, maximize inter-agency cooperation, and formalize relationships
between the participating agencies for policy guidance, planning, training,
public and media · relations . This Mou · Is not intended, and should not be
construed, to create any . right or benefit, substantive or pro9edural,
enforceaple at law or .otherwise by any third party against the parties, the .
United States,. or the officers, employees , agents, or other associated
personnel thereof.
4) MISSION
The mission of the DENVER IITF is to Identify and target for prosecution ·
producers, distributors and possessors of child pornography and any other
indi'viduals using the Internet to entice minors · for the purpose of $exual
exploitation. The DENVER IITF will enhance the effectiveness of
Federal/State/Local law enforcement resources through a well coordinated
initiative . seeking the most effective investigative/ prosecutive avenues by ·
which to convict and ·Incarcerate dangerous offe.nders. ·
5) SU~ERVISION AND CONTROL
A. Supervision
Overall supervision of the personnel on the DENVER liTF shall be the
shared responsibility of the participants. ·
T he Sp ecial A ge nt In Charge (S A C) of th e Denv er Divisio n sha ll desi gn ate
one Supervlsoty Special Agent (SS A ) to have direct an d daily responsibility
·tor all personnel and investigative matters pertaining to the DENVER IITF.
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Responsibility for conduct, not under the direction of the SAC or SSA, of
each DENVER IITF ·member, both personally and professionally, shall
remain with the respective agency head · and each agency shall be
responsible for the actions of their respective employees.
Each agency member who is a DENVER IITF member will be subject to the
personnel rules, regulations, laws, and policies applicable to those of their
respective agencies. · FBI participants will continue to adhere to the
Bureau's ethical standards and will remain subject to the Supplemental
Standards of Ethical Conduct for employees of the Department of Justice .
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Each DENVER IITF member will continue to report to his or her respective
agency head for non-investigative administrative matters not detalled in this
MOU. .
Subject to other provisions in this document, continued membership on 'th~
DENVER IITF will be based on performance and will be at the discretion of
each member's respective supervisor.
B. Casa Assignments
The FBI SSA with designated .oversight for investigative and personnel
matters will be responsible for opening, monitoring, directing, and closing
DENVER IITF investigations In accordance with existing FBI policy and the
applicable United States Attorney General's Guidelines. ·
Ass,ignments of cases to personnel will be based on, but not limited to,
experience, training and performance, In addition to the discretion of the
SSA with designated oversight for Investigative and personnel matters.
For FBI administrative purposes, DENVER IITF cases wlll be entered into
the relevant FBI computer system. ·
DENVER IITF members wlll have equal responsibility for each case
assigned. DENVER IITF personnel will be totally responsible for the
complete investigation from predication to resolution. ·
C. Resource Control
Specific control of DENVER IITF resources, including personnel, and the
continual ·dedication of DENVER IITF resources shall be retained by the
participating agency heads, who will be kept fully apprised of all
Investigative developments by their respective subordinates.
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6) OPERATIONS
A. Investigative Excluslvlty
It is agreed that matters designated to be handled by the DENVER IITF will
not knowingly be subject to non-DENVER IITF law enforcement efforts by
any of the participating agencies. It is incumbent on each agency to make
proper Internal notification regarding the DENVER IITF's existence and
areas of concern.
It is agreed that there Is to be no unilateral action taken on the part of the
FBI or participating agencies relating to DENVER IITF Investigations or
areas of concern . All law enforcement actions will be coordinated and
cooperatively carried out.
B. Informants
The disclosure of FBI informants to non-DENVER IITF members will be
limited to those situations where It Is essential to the effective performance
of the DENVER IITF . These disclosures will be consistent with applicable
· FBI guidelines .
. Non-FBI DENVER IITF members may not make any further disclosure of
the identity of an FBI Informant, including to other mernbers of the DENVER
IITF. No documents which identify, tend to Identify.-or may Indirectly
identify an FBI Informant . may be released wl~hout prior FBI approval.
In those instances where a participating agency provides an Informant, the
FBI may, at the discretion of the SAC, become · solely responsible for the
informant's continued development, operation, and for compliance with
necessary administrative procedures regarding operation and payment as
set forth by the FBI.
· The United States Attorney General's guiqellnes and FBI policy ·and
procedure for operating FBI informants and cooperating witnesses (CWs)
shall apply to all FBI informants and CWs opened and operated in
furtheran ce of D E NV ER IITF Investigati ons . Documentation of, and any
payments made to, FB I lnfonnants and CWs shall be in accordance with
FBI policy and proced~re.
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Operation, documentation , and payment of solely state, county, or local
informants and CWs opened and operated by Non-FBI DENVER 1.ITF
members in furtherance of · DENVER IITF · Investigations must be In
accordance with the United States Attorney General's guidelines.
Documentation of state, county, or local Informants and CWs opened and
operated in furtherance of DENVER IITF investigations shall be maintained
at an agreed to location.
C. Reports and Records
All investigative reporting will be prepared In compliance with existing FBI
policy. Subject to pertinent legal and/or policy restrictions, copies of
pertinent documents created by each member of the DENVER IITF will be
made available for inclusion In the respective investigative agencies' flies
as appropriate.
DENVER IITF reports prepared In cas~s assigned to state; county ~nd local
participants will be maintained at an FBI approved location; original
documents will be maintained by the FBI.
Records and reports generated .in DENVER IITF cases which a·re opened
and assigned by the FBI SSA with deslgnateq oversight for investigative
and personnel matters will be malntaln.ed in the FBI investigative file for
DENVER IITF.
DENVER IITF investigative records maintained at the Deriver office of. the
· FBI will be available to all DENVER IITF members, as well as their
supervisory and command staff subject to pertinent legal, administrative
and /or'policy restrictions.
All evidence and original tape recordings ·(audio and video) acquired during
the course of the DENVER IITF investigations will be maintained by the FBI.
The FBl's rules and policies governing the submission , retriev~I and chain
of custody will be adhered to by DENVER IITF personnel . ·
ALL DENVER IITF investigative records ·will be maintained at an approved
FBI location.
Placement of all or part of said information Into participating agency files
res ts with the discretion of supervisory personnel of the concerned ·
agencies .
. Classified Information an d/or documents containing information that
identifies or tends to identify an FBI informant shall not be placed In the files
of participating agencies unless appropriate FBI policy has been satisfied .
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INFORMATION SHARING
No Information possessed by'the FBI, to inclu.de information derived from
Informal communications by the Assignee with personnel of the FBI, may
be disseminated by the Assignee to non DENVER IITF personnel without
the permission of the Assignee's designated FBI DENVER IITF Supervisor
and in accordance with the applicable laws and internal regulations,
procedures or agreements between the FBI and the Participating Agencies
that would permit the Participating Agencies to receive that Information
directly. Likewise, the Assignee will not provide any Participating Age·ncy
information to the FBI that .ls not otherwise available to It unless authorized
by appropriate. Participating Agency officials.
PROSECUTIONS :,
. DENVER I ITF Investigative procedure Is to conform to the requirements for
Federal Prosecution.
A determination will be made on a . case-by-case basis whether the
prosecution of DENVER IITF cases will be at the State or Federal level.
This determination will be based on the evidence obtained and a
consideration of which level of prosecution would be of the greatest benefit
to the overall objectives of the DENVER IITF.
In the event that a state or local matter Is developed that Is outside .the
Jurisdiction of the FBI or it is decided to prosecute an DENVER IITF. case at
the state or local level, the FBI agrees to provide all relevant Information to
state and local authorities.
Whether to continue. and/or conduct additional investigation of the state or
local crimes Involved will be at the sole discretion of the respective state
and local authorities.
A. Investigative Methods/Evidence
For cases assigned to an FBI Special Age nt or in which F B I in formants or
cooperating witnesses are utilized, the parties agree to conform to federal
standards concerning evic;jence collection, processing, storage, and
electronic surveillance.
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In all cases assigned to state, county, or local law enforcement partrcipants, ·
the parties agree to utilize federal standards pertaining to evidence
handling and electronic surveillance activities to the greatest extent
possible. However, In situations where the statutory or common law of the
state Is more restrictive than the comparable federal law, the investigative
.. methods employed by state and local law enforcement agencies shall
conform to the requirements of such statutory or common law pending a
decision as to venue for prosecution. ·
The use of other investigative methods (search warrants, Interceptions of
oral communications, etc.) and reporting procedures In connection
therewith \\'.Ill be consistent with the policy and procedures of the FBI.
B. Undercover Operations
All DENVER IITF undercover operations will be conducted and reviewed in
accordance with FBI guidelines and the Attorney General's Guidelines on
Federal Bureau of Investigation Undercover Operations. All participating
agencies may · be requested to enter Into an additional Memorandum of
Understanding (MOU} If a member of the participating agency is assigned
duties which require the officer to act in an undercover capacity.
DEADLY FORCE AND SHOOTING INCIDENT POUCiES
Members of the DENVER IITF will follow their own agency's policy .
concemlng firearms discharge and use of deadly force.
10) DEPUTATIONS
Local and state I aw enforcement personnel designated to the DENVER
IITF, subject to a limited background ,inquiry, may be sworn as federally
deputized Special Deputy U11ited States Marshals, with the FBI securing
the required deputation auth9rization. These deputations should remain in
effect throughout the tenure of each investigator's assignment to the
DENVER IITF or until the termination of the DENVER IITF, whichever
comes first.
Administrative and personnel poflcles Imposed by the participating
agencies will not be voided by deputation of their respective personnel.
11) VEHICLES
i .
The FBI may authorize members of the DENVER IITF to use vehicles
owned or leased by the FBI when necessary in connection with DENVER
IITF surveillance, case management and investigations, and if available.
.When authorized, participating agency personnel using FBI vehicles agree
to operate the vehicles in accordance with all applicable FBI rules and
regulations as outlin.ed in . the FBI Manual of Administrative Operations and
Procedures (MAOP), Part I S.ection 3.1.
FBI vehicles, including Government-owned, rented, and leased vehicles,
are to be used for official business only.
The participating agencies agree that FBI vehicles will not be used to
transport passengers unrelated to DENVER IITF business.
The responsibility for all other liability attributed to the participating
agencies resulting from the use of DENVER IITF vehicles by their
employees, confidential informants, or by .cooperating witnesses rests with
.the individual participating agency. ·
Th~ participating agencies agree to be responsible for any damage
-incurred to DENVER IITF vehicles caused by any act or omission on the
part of their respedive employees and participating agencies agree to
assume financial responsibility for property ~amage to said vehicles.
12) SALARY/OVERTIME COMPENSATION
The salaries/overtime .of.DENVER IITF members will be paid by the FBI In
accordance with a separate Cost Reimbursement Agreement.
13) PROPE.RTY AND EQUIPMENT
Property utilized by the DENVER IITF In connection with authorized
investigations and/or operatio.ns and Is In the custody and control and used
at the direction of the DENVER IITF, will be maintained in accordance with
the policies and procedures of the agency supplying the equipment.
14) FUNDING
This MOU is not an obligation or commitment of funds, nor a basis for
transfer ot' funds , but rather Is a basic statement of the understanding
between the parties hereto of the tasks and methods for performing the
tasks described herein . Unless otherwise agreed in writing , each party
shall bear its own costs In relation to this MOU . Expenditures by each party
will be subject to Its budgetary processes and to the availability of funds and
resources pursuant to applicable laws, . regulations, and policies. The
parties expressly acknowledge that the above language in no way implies
that Congress will appropriate funds for such expenditures .
15). FORFEITURES
7 .
The FBI shall be responsible for the processing <;>f assets seized for federal
forfeiture in conjunctions with DENVER IITF operations.
Asset forfeitures will be conducted In accordance with Federal law, and the
rules . and regulations set for forth by the FBI and Department of Justice
(DOJ). Forfeitures attributable to DENVER IITF investigations may be
distributed among the agencies participating In the DENVER IITF . ·
16) DISPUTE RESOLUTION
In oases of overlapping Jurisdiction, the participating agencies agree to work
in concert to achieve the DENVER IITF's objectives. · ·
The parties agree to attempt to resolve any disputes regarding jurisdiction,
case assignments, workload, etc., at the field level first before referring .the
matter to supervisory personnel for resolution .
17) MEDIA RELEASES
All media releases and statements will be mutually agreed upon and joi.ntly
handled according to FBI and partlclpaffng agency guid.elines.
Press releases will conform to DOJ Guidelines regarding press releases.
No release will be issued without FBI final' approval.
18) SECURITY CLEARANCES
Thirty days prior to being assigned to the DENVER IITF, each candidate. will
be required to furnish pages 1, 2, 3,· 9 (certification ·only), .. and 10 of the
MQuestionnaire for Sensitive Positions• (SF-86). Sometime thereafte.r, a
representative from · the FBI will conduct an rnterview of each candidate.
If, for any reason , a candidate is not selected, the participating agency will
be so advised and a request will be made for another candidate . ·
Upo n being sel ected, eac h candidate will recei ve a comprehens ive b~efing
on FBI field office security policy and procedures.
During · the briefing , each candidate will execute a non-disclosure
agreement (SF-312) and FD-868, as may be necessary or required by the
FBI.
•
.,.
. .
When FBI space becomes avallable, before receiving access,· DENVER
IITF members will be required to undergo a full background Investigation
and receive and maintain a "Top Secret" security clearance. In addition,
DENVER IITF members will also be required to . complete the
''Questionnaire for Sensitive Positions" and the required fingerprint cards.
lri the interim, DENVER IITF members will not be allowed unescorted
access to FBI space .-
Upon departure from the DENVER IITF,. each candidate will be given a
security debriefing and reminded of the provisions contained in the
non-disclosure agreement previously agreed to by the DENVER IITF
member.
19) LIABILITY
Unless specifically addressed by the terms of this MOU, the parties agree
to _be responsible for the negligent or wrongful acts or omissions of their
respective en,ployees. Legal representation by the United States is
deter.mined by DOJ on a case by case basis. The FBI cannot guarantee the
Uhited States will provide legal representation to any Federal, state or local
law enforcement officer.
Congress has provided that the exclusive remedy for the negligent or
wrongful act or omission of an employee of the United States government,
a¢ing within the scope. of his employment, shall be an action against the
Untied States under the Federal Tort Claims Act (FTCA), 28 U.S .C.§
1346(b), §§ 2671-2680.
For the . limited purpose of defending claims arising out of DENVER IITF
activity, state or local law enforcement officers who have been specially
deputized and who are acting within the course and scope of their official
duties and assignments pursuant to this MOU, may be cons idered· an
"employee,; of the United States government as defined in 28 U.S.C . § 2671 .
~5 U.S.C. § 3374(c)(2).
Und e r the Fe deral Employees Liability Reform and To rt C om pensati on Act
of 1988 (commonly known as t he Westfall A ct), 28 U.S.C. § 2679(b)(1) the
Attorney General or her designee may certify that an individual defendant
acted within the scope of his employment at the time of the incident-giving
rise to the suit. IQ., 28 U.S.C. § 2679(d)(2). The United States can then be
substituted for th e employee as th e sole defendant with respect to any tort
clai ms. 28 U .S.C. § 2679 (d)(2}. If th e Un it e d States is subst ituted as
d efe ndant , the ind ividual emplo yee Is th e re by protected fro m suits In h is
official capacit y. ·
If the Attorney general declines to certify that an employee was acting
within the scqpe of employment, ·the employee may at any time before trial
petition the court to find and certify that .the employee was acting within the
scope of this office or employment." 28 U.S.C. § 2679(d)(3).
Liability for negligent or willful acts of DENVER I ITF employees, undertaken
outside the terms of this MOU will be the sole responsibility of the
respective employee and agency involved.
Liabillty for violations of federal constitutional law rests with the individual
federal agent or officer pursuant to Bivens v. Six Unknown Named Agents
of the Federal Bureau of Narcotics, 403 U.S. 388 (1971) or pursuant to 42
U.S.C. § 1983 for state and local officers or cross -deputized federal
officers.
Both ·state and federal officers enjoy qualified immunity from suit for
constitutional torts "insofar as their conduct do~s not violate clearly
established statutory or constltutlonal rights of which a reasonable person
would have known . Harlow v. Fitzgerald, 457 U.S. 800 (1982).
DENVER IITF officers may reque ·st representation by the U.S. Department
of Justice for civil suits against them In their individual capacities for actions
taken within the scope of employment. 28 C.F .R §§ 50.15, 50 .16.
An employee may be provided represe.ntation ·when the actions for which
representation requested reasonably appear to have been performed
within the scope of the employee's employment and the Attorney General
or (her] designee determ ines that providing representation would otherwise
be in the interest of the United States." 28 C.F.R.-§ 50.15{a). ·
A DENVER IITF officer's written request for representation should . be
directed to the Attorney General and prov ided to the Chief Division Counsel
(CDC) of the FBI division coordinating the DENVER IITF. The CDC .will
then forward the representation request to the FBl's Office of the General
Counsel (OGC) together with a Letterhead ·memorandum concerning the
factual basis for the lawsu it. FBI/OGC will th en forward the request to the
Civil Division of DOJ toge t her with an agency recomm end ati on co ncerning
scppe of employment and Department representation. 28 C.F.R. §
50 .15(a)(3).
If a DENVER IITF officer is found to be liable for a constitutional tort, he/she
may request indemn ification from DOJ to satisfy an adverse j udgment
re nd ered against the employee in his/her Individu al ca pacity. 28 C.F.R. §
. 50.15(c)(4). The criteria for payment are substantia ll y si mil ar to th ose used
to determine whether a federal emp loyee is entitled to DOJ representation
under 28 C.F.R. § 50.15(a).
10
20) DURATION
!he term of this MOU is for the duration of the DENVER IITF's operations ,
contingent upon approval of necessary funding, but may be terminated at
any time upon written mutual consent of the agency involved.
Any participating agency may withdraw from the DENVER IITF at any time
by written notification to the SSA with designated oversight for investigative
and personnel matters or progr~m manager of the DENVER IITF at least 30
days prior to withdrawal.
Upon termination of this MOU, all equipment PfOVided to the DENVER IITF
will be returned to the supplying agency/agencies. In addition, when an
· entity withdraws from the MOU, the entity will return equipment to the
supplying agency/agencies. Similarly, remaining agencies will return to a
withdrawing agency any unexpended equipment supplied by the
withdrawing agency during any DENVER IITF participation.
21) MODIFICATIONS
This agreement may be modified at any time by written consent of all
lnvol.ved agencies.
Modifications to this .MOU shall have no force and effect unless such
. modifications are reduced to .writing and signed by an authorized
reprec;entative of each participating agency.
CITY OF ENGLEWOOD, COLORADO
·------------
Ma y or Pro T e rn, J am e s K . Woodward
SPECIAL AGENT IN CHARGE FOR
DENVER FIELD OFflCE
DATE
DATE
r,!r.ury v. T:zylor · ···
Contract :ng Cmoe r ·
11 ~Jl)NIJ 81.lfflU Of lnVftllQCllfOil
\
COUNCIL COMMUNICATION
Date: Agenda Item: ~ October 15, 2007 9a v g City Membership on
Rock y Mountain Rail Authority
Initiated By: Staff Source:
Department of Public Works Ri c k Kahm , Director of Public Works
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
There has been no previous Council action. Staff discussed this matter with City Council at a Stud y
Session on June 18, 200 7.
RECOMMENDED ACTION
Staff recommends approva l of a ~~~~~~ng Ci ty of Engle wood membership t o, and
representati o n on , the Roc ky Mountain Rail Authority.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Th e C o lo rad o Rail A ssoc iati o n es tablished th e Roc ky M o untain Rail Authori ty as a quasi -
gove rnmental agency to accept and administer fe deral grant funds for a feasibility study for a
propose d high speed rai l lin e along the 1-25 an d 1-70 corrid o rs .
Mr. Bernie Zimmer, Pr es id ent of th e Colorado Rail Associa tion , approached City Council in April ,
2007 as king that the Ci ty of Englewood join th e Ro c ky Mountain Rail Auth o rity in support of their
proposed hi gh speed rail lin e project. At Council 's request, Mr. Zimmer also spoke w ith the
Englewood Transportation Ad visory Co mm ittee (ETAC) in May, 2007.
To fund th e feasibi lity stud y for this project, the Authority requ es ts each joining entity for
c ontributions of $10,000 per y ear for a two year membership commitment. Representation,
howe er, can be accomplished without financial support.
ET AC members and staff belie e that there ma be potential benefits for the City of Englewood to
b represented on the Rocky Mountain Rail Authority for this project. Howe er, because of the
ity's curren t budget cons traints , and per Council consensus at the lune 181h Stud Session , staff
re ommends joining t he Authority wi th no financial ommitment at this time. Additionally, ET AC
m mbers wou ld like t o sugges t that Council M mber Ray Tomasso be considered for appointment
J th e City 's representative to serve on the Authority, and appoin tm ent of Council Member Bob
M Cas lin as an alt mate member.
FINANCIAL IMPACT
There are no financial impacts related to this membership.
LIST OF ATTACHMENTS
Rocky Mountain Authority background information
Resolution
'
MEMORANDUM
TO: City Council
THROUGH: Gary Sears , City Manager
FROM: Rick Kahm , Director of Public Works
DATE: June 14, 2007
SUBJECT: ROCKY MOUNTAIN RAIL AlITHORITY -ET AC RECOMJ\.ffiNDA TION
As referenced in the attached memorandum to City Council from the Englewood Transportation
Advisory Committee, Bernie Zimmer from the Rocky Mountain Rail Authority spoke with
ETAC on May 101h regarding their proposal to establish a high spee.d rail line along 1-25 from the
north to south borders of Colorado and from DIA west to the Utah border. Mr. Zimmer has
presented the plan to many jurisdictions along the 1-25 and 1-70 corridors , and has asked each to
agree to a two-year commitment and a contribution of $10,000 per year. Thus far , 27
municipalities have signed on with the Authority and have committed approximately $450,000 to
help fund a feasibility study. Mr . Zimmer noted that because of financial constraints , some
jurisdictions may only be able to commit to a lesser financial contribution, which would not
diminish their seat on the Authority.
ET AC discussed the proposal and felt it might be appropriate that Englewood have
representation on the Authority . Realizing that such a contribution has not been budgeted,
ET AC made a recommendation , per the attached memo, that City Council approve funding in th e
amount of $2,500 per year for two years , which would afford the City representation on the
Authority. City Council approved funding in the 2007 PIF Transportation Action Plan account,
whi c h was set up for ETAC' s use in addressing traffic iss ues . ET AC felt that this fund could
absorb this expenditure for the next two years, with Council's approval.
ET AC also requested that Council consider appointing Ray Tomasso, who is Council" s liaison to
ETAC, to serve as Englewood's representative on the Authority.
/lw
Attach.
MEMORANDUM
TO: Mayor \\ olosyn and Members of City Council
FROM: David Anderson, Chair ~,,f ~~-
and Members of the Englewood Transportation Advisory Committee
DATE: May 23, 2007
SUBJECT: RECOMMENDATION TO JOIN ROCKY MOUNTAIN RAIL AUTHORITY
Mr. Bernie Zimmer, President, Colorado Rail Association, spoke to members of the Englewood
Transportation Advisory Committee (ETAC) at their meeting on May 10, 2007, regarding a
proposed high speed rail line to run along the I-25 corridor from the north to south borders of
Colorado and from DIA west to the Utah border. The Colorado Rail Association established the
Rocky Mountain Rail Authority as a quasi-governmental agency to accept and administer
COOT' s grant money to cover costs of a feasibility study for this project.
Following Mr. Zimmer's presentation and departure from the meeting, ETAC continued
discussion regarding the pros and cons of the project and being represented on the Authority. A
motion was made, seconded, and approved unanimously, to recommend to City Council that
$5,000 ($2,500 per year) be appropriated from Ef AC's budget to cover two years' membership
on the Rocky Mountain Rail Authority, and, additionally, that City Council appoint a
representative to serve on the Authority for a two year period.
ETAC would like to suggest that Ray Tomasso, as Council's liaison to ETAC, be considered to
serve as the City's representative on the Authority.
/lw
c: Members of ET AC
ORDINANCE NO .
SERIES OF 2007
BY AUTHORITY
COUNCIL BILL NO. 68
INTRODUCED BY COUNCIL
MEMBER ____ _
ABllLFOR
AN ORDINANCE AUTHORIZING THE CITY OF ENGLEWOOD, COLORADO 'S
REPRESENTATION ON THE ROCKY MOUNTAIN RAIL AUTHORITY.
WHEREAS , the Colorado Rail Association Established the Rocky Mountain Rail Authority as a
quasi-governmental agency to accept and administer federal grant funds for a feasibility study for a
proposed high speed rail line along the 1-25 and I-70 corridors; and
WHEREAS, the Rocky Mountain Rail Authority was established as a cooperative mechanism
among themselves, other governmental entities and others interested in developing high-speed rail
service in the Colorado and to define and implement various transportation facilities , programs,
services, improvements and entities to facilitate and accomplish the establishment of high-speed rail
in Colorado; and
WHEREAS , to fund the feasibility study fo r this project , the Authority requests each joining
entity for contributions of $10,000 per year for a two year membership commitment; however,
representation can be accomplished without financial support ;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE C ITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The Cit y Council of the City of Englewood, Colorado hereby authorizes the City of
Englewood 's representation on the Rocky Mountain Rail Authority.
Section 2. The Mayor Pro Tern of the City of Englewood, Colorado is authorized to sign and
attest the documents necessary for Englewood 's representation on the Rocky Mountain Rail
Authority, attached as Exhibit A.
Introduced, read in full , and passed on fir st read ing on the 15th day o f October, 200 7.
Published as a Bill for an Ordinance on the 19th day of October, 2007.
James K. Woodward, Mayor Pro Tern
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 15th day of October, 2007.
Loucrishia A. Ellis
I •
Establishing Contract
For
The Rocky Mountain Rail Authority
Rec itals
Whereas, those regions of the State of Colorado adjacent to and served bf
Interstate 25 and Interstate 70, as well as the State as a whole, contemplate increasd
population growth and attendant increases in vehicular traffic and transportatio
demands; and
Whereas, it is in the best interest of the public, and its health, safety and welfar~
to provide a transportation alternative to existing modes of transportation in the form <f
high-speed rail; and ·
Whereas, various political subdivisions of the State of Colorado desire to brixl
focus to their interest in development of high-speed rail in the transportation corridors · of
Colorado; and
Whereas, those political subdivisions desire to create an authority for the purpo~
of investigating, encouraging, developing and bringing into b eing hlgh-speed rail in t~
State of Colorado; and
Whereas, the parties desire to establish a cooperativ e mechanism among
themselves, other governmental entities and others interested in developing higb-speel.
rail service in the State of Colorado, and to define and implement various transportatioll
facilities, programs, services, improvements and entities to facilitate and accomplish the
establishment of high-speed rail in the State of Colorado; and
Whereas, the parties are political subdi visions of the State of Colorado who se
separate powers include all powers invested into this Authority, and
Whereas, it is the intent of the parties to hereby create and estab lish the Authority
for the purposes recited and enumerated herein.
Establishing Covenants
Now, therefore, be it resolved that the parties hereto do, by this contract
(hereinafter "this Contract"), create and establish the Rocky Mountain Rail Authority for
the puiposes and with the powers an d obligations set forth herein. The parties agree and
covenant that the Authority sha ll be a body corporate and politic, a political subdivision
of the State of Colorado and a separate governmental · entity of the State of Colorado,
pursuant to Section 18 of Article XIV of the Constitution of the State of Colorado, and
Section 29-1-203 of the Colorado Revised Statutes . The parties hereby agree and further
cove nant as follows.
Page 1 of 6
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. )> Terms and Conditions
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1.01 Name. The name of the entity hereby established shall be the Rocky Mountain
Rail Authority (hereinafter "the Authority").
1.02 Purpose aud Objccti'ves. The purpose of the Authority shall be to establish a
structme and opportunity for the parties to this Contract (hereinafter "the
Members"), both the initial Members and those political subdivisions which may
become Members in the future, to de.fine, promote and implement mass
transpo1tation services and solutions to Colorado's growing transportation
infrastructure needs, to facilitate rail service, both passenger and freight in
Colorado. Existing rail tracks have established the current transportation
corridors, and the interstate highways have 'generally been built in those corridors,
e.g., I-25, I-70 and 1-76. Using, generally, those existing rail rights of way notih
and south and east ~d west, the Authority will facilitate a passenger rail service
that will operate at an average speed that will qualify for Federal designation as a
high-speed conidor. The objectives of the Authority shall be:
2.1 To plan and encourage rail infrastructure in or adjacent to the Authority's
area of activity, Colorado, for a passenger and freight rail system that can
be designated by the Federal Railroad Administration as a high-speed rail
corridor.
2.2 To interface and cooperate with other transit entities, including but not
limited to other stales, railroads, Amtrak and others within and adjacent to
the Authority's boW1daries to maximize the convenience, safety, speed
and operating costs of rail transportation in Colorado.
2.3 To encourage and support the establishment of such state, regional and
local govenunental entities and to cooperate with such non-profit and for-
profit entities as are necessary and appropriate to establish the necessary
transit infrastructure that will maximize the usage oftbe rail system.
2.4 To seek funds to advance the Authority's purpose and objectives from
federal, state, regional, and local governmental agencies and from the
private sector.
1.03 Powers and Functions. To accomplish its purpose and objections, the Authority
shall have the following powers and functions to the fullest extent pennitted by
law and the conditions and requirements set forth in this Establishing Contract,
and such inherent or implied powers as these powers and functions may suggest:
3.1 To plan, support and facilitate transportation systems, services, programs,
facilities, improvements, including without limitation transportation of all
types.
3.2 To acquire, hold, lease, sell and dispose of legal and equitable interests in
personal property of all kinds necessary or useful for the pwposes of the
Authority.
Page 2 of6
3.3 To se ek , acquire, sell, lease, dispose of and exch ange all types of personal
property, licenses, certificates and permits.
3.4 To conduct such business and affairs for the benefit of its Members, their
constituents and the public as may be appropriate, all in the d iscretion of
the Authority's Board of Directors .
3.5 To enter into, make and perform contracts of every kind with the public
and private entities of every type and kind in furtherance of the purpos e of
this Contract.
3.6 To employ employees, contractors and consultants and to appoint agents.
3. 7 To act and operate as an "enterprise" within the meaning of the Colorado
Constitution, Article X, Section 20, and to contract for and supply for
payment services desired by Members which services are in furtherance of
and related to the Authority's purposes.
3.8 To buy, lease, construct, appropriate, contract for, invest in and otherwise
acquire, o·wn, maintain, operate; manage, improve, develop, deal in, sell,
lease, exchange, transfer, convey and dispose of, and to hypothecate and
encumber personal property (tangible and intangible).
3.9 To sue and be sued.
3.10 To have and use a corporate seal.
3.11 To solicit, acquire, collect, receive and use gifts, grants, donations and
pledges of any typ~. whether from public or private sources.
3.12 To have and exercise all rights and powers necessary or incidental or
implied from these powers.
3.13 To budget and appropriate funds .
1.04 No Power of Taxation. The Authority shall have no power of taxation of any
type or kind.
1.05 Members. Members .of the Authority shall initially be Clear Creek County and
the City of Monument, upon their respective ex ecution of this Contract.
Additional Members may join the Authority by execution of addenda to this
Contract. Only political subdivisions of the State of Colorado and the State of
Colorado , through its agencies, may become Members of th e Authority. Nothing
h erein shall be deemed a w ai ver or s urrend er by the Memb ers of any of th ei r legal
powers or respo nsibilities.
1.06 Board of Directors. All powers and functions of the Authority shall be vested in
a Board ofDirectcirs consisting of one director designated by each Member of the
Authority, all with one equal vote. Each Member may designate one alternate,
simi larly qualified, to serve in the ab sence of each Director. Directors and
alternates appointed by members with boards, councils or commissions sh all be
elected or appointed memb ers of those boards, councils or commissions .
\ acancies on the Board of Directors shall be filled by the Member whose
representative has created the vacancy. Directors shall not be compensated for
their services . The Board shall operate as follows:
P age 3 of 6
6.l Regular meetings shall be held as determined by the Board of Directors.
Special meetings shall be held as designated by the Chaiiman or any three
Directors. Meetings shall be held in confo1mance with Colorado's open
meetings Jaw, section 24-6-402, C.R.S.
6.2 A majority of Directors designated by the Members shall constitute a
quorum and a majority of a quorum present (meaning parti cipating in a
meeting for purposes of section 24-6-402, C.R.S.) shall constitute an
acti on of the Board of Directors.
6.3 The Board's powers, as exercised by a majority of a quorum of Directors
in office, shall include:
(a) . Governing the business and affairs of the Authority and
establishing its policies.
(b) Election of officers, including a chairperson, vice-chairperson,
secretary and treasW"er.
(c) Acting in compliance with all applicable state and federal Jaw to
operate the Authority.
(d) Maintaining a record of proceedings of the Board.
(c) Establishing Board bylaws.
(f) Authorizing employment of employees, consultants, contractors
and others.
(g) Having ·prepared and subm.itting an ammal audit, as required by
State Jaw.
(h) Delegating and assif,'lting functions to the Board's officers,
employees, contractors and consultants, as not prohibited by law.
(i) Exercising all powers which are now or hereafter co11fe1Ted by law
or are essential or necessary to the provision of the Authority's
services and accomplishment of its purposes, subject only to the
limitations of this Contract and the law.
9.1 Any Member may, from time to time,.designate, in writing, an Alternate
Director, who shall possess the same qualifications as a Director and who
shall, in the absence of such Director, be entitled to attend regular or
special meetings of the Board and exercise the same powers as such
Director.
9.2 The Board shall have an executive committee, whose members shall be all
the officers, c;,f the Authority, plus no more than three Directors elected by
the Board. The executive committee shall be empowered to exercise all
powers given the Board herewider, and by law, subject only to prior
decisions and instructions of the Board. The Board shall delegate all
powers of perfom1ance and execution to the executive committee. The
Board may delegate the perfonnance and execution of any and all powers
and functions to such committees as the Board may deem proper, the
membership of which conunittees shall also be determined by the Board.
Page 4 of 6
1.10 Term, Withdrawal and Dissolution. This Contract shall commence on the date
of its execution by any two Members, whether they be initial or additional
members, as provided in Section 5.0 hereof. Any Member of the Authority may
withdraw at any time. The Authority shall have perpetual existence, subject to
dissolution at such time as it has fewer than two Members.
1.11 Amendments. This Contract contains aH the terms agreed upon by the Members.
Any amendment hereof must be in writing and executed by all Members.
1.12 Reliance. The Members acknowledge and agree that each is relying on the
performance of the other(s) under this Contract, and that all actions or changes of
positions undertaken pursuant thereto are made in such reliance.
1.13 Non-Impairment. Nothing in this Contract shall be deemed to restrict, modify or
otherwise impair the powers of any Member in any manner.
1.14 Sevcrability. If any provision of this Contract or the application thereof to any
person, entity or circumstances, is held invalid, such invalidity shall not affect
other provisions or applications of this Contract, which can be given effect
without the invalid provision or application, and to this end the provisions of this
Contact, and each and every provision thereof, are declared to be severable.
1.15 Applicable Laws. This Contract shall be governed by and construed m
accordance with the laws of the state of Colorado.
1.16 Assignability. No Member may assign or transfer any of its rights or obligations
hereunder without the prior written consent of the Member(s) that is a
nonassigning party(ies) to this Contract.
1.17 Binding Effect. The provisions of this Contract shall bind and shall inure to the
benefit of the Member(s) and to their respective successors and permitted assigns,
if any.
1.18 Enforcement. The M em ber(s) agree and acknowledge that this Contract may b e
enforced in law or in equity, b y decree of specific p erformance, and, in the event
of a judgment that a breaching Member acted arbitrarily and capriciously, or in
bad faith , including an award of appropri at e damages, or such other legal and
equitable relief as inay be available subject to the provisions of the laws of the
State of Colorado .
Page 5 of 6
... . ,. .
Effective November 20, 2006, and executed this ~-day of
'.})eQ_ < , 2006, at a regularly scheduled meeting of the Clear Creek Board
of County Commissioners.
CLEAR CREEK COUNTY
By and through its
Board of County Commissioners ATTEST:
. <.... Deputy Clerk and Record.er
Attomey
Effective November 20, 2006, and executed this ~ /7.. day of
t->'3v~~. , 2006, at a regularly scheduled meeting of the Monument City
Council.
~OWN OF MONUMENT
.~~
AITEST:
By: Byron J. Glenn By: Scott Meszaros
Ti tle : Mayor Title: Town Clerk
Date: I• IS•Ot Date: I · r. o1-
Page 6 of 6
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First Amendment to the Establishing Contract
For
The Rocky Mountain Rail Authority
Recitals
Whereas, Clear Creek CoW1ty and the Town ofMonwnent entered into an
intergovernmental Agreement ("the Agreement") effective November 20, 2006, which
created the Rocky Mountain Rail Authority; and
Where as, pursuant to Section 1.05 of that agreement, the Town of Castle Rock
and the Roaring Fork Transp01iatio11 Authority sigried addenda, thereby joining the
Rocky Mow1tain Rail Authority as members; and
Whereas, the members of the Rocky Mountain Rail Authority wish to amend their
original agreement; and
W11ereas , the intention of the members is that the original intergovernmental
agreement signed by the members remain in effect except with regard to the following
changes:
Amendments
A. Section 1.05 of the Agreement shall be amended to state as follows:
1.05 Members. Members of the Authority shall initially be Clear Creek County
and Town of Monument, upon their respective execution oftbis Contract.
5.1 Only political subdivisions of the State of Colorado and the State of
Colorado, through its agencies, may become Members of the Autho1ity.
Additional Members may join the Authority by execution of addenda to
this Contract. The addenda may specify any financial contribution to be
made by the member jurisdictions.
5.2 All financial contributions promised by member jurisdictions are subject
to eachjuris-diction's annual appropriation and any applicable TABOR
spending restrictions.
5.2 Individual member jurisdictions are not liable for the financial obligations
of the Authority.
Page 1 o f 10
I
I
I •
B. Section 1.18 of the Agreement regarding enforcement is hereby repealed and is
replaced by the following Section 1.18 .
1.18 Counterpart Execution. A copy of this document may be executed
by each party, separately, each copy of which shall be deemed an original, and when each
party bas executed a copy thereof, such copies taken together shall be deemed to be one
and the same instrument and a full and complete Contract between the parties.
[The remainder of this page is intentionally left blank.)
Page 2 of 10
-
Roel<\' 1\/iountain Rail Authority
2 007 & 2008 Budget Statement -Commitments
Date of Report: June 1, 2007
Local Revenue
2007 2008 TOTAL
City ol Thornton $ 10,000 $ 10,000 $ 20,000
Clly of Wc:;l1nl11 i;Lr.r $ 5,000 $ 5,000 $ 10,000
/\r.:ipahoe Co unty $ 25,000 $ 25,000 $ 50,000
C ity or /\11rora $ 5,000 $ 15,000 $ 20,000
Hc111J<l e r Cuu11J·y $ 5,000 $ 5,000 $ 10,000 .00
Cl e ar Cr eek Crn 1nt:y $ 10,000 $ J0 ,000 $ 20,000
Do11ular; Crn111ly $ 2:.,000 $ 25,000 ~; :,0,000
Ca!:;1:Je lluck 1; l0,000 j; 10,000 1; 20 ,000
E,,gle Co 11nty ~; 5,0(1(1 ~; 5 ,000 ~; 10,000
Co lorado Springs ~; 10,000 $ l.0,000 $ 20,0 00
Town of Monument $ 10,000 $ 10,000 $ 20,000
Garrleld County $ 10,000 $ 10,000 $ 20,000
Gilpin County $ 10,000 $ 10,000 $ 20,000
Larimer County $ 5,000 $ 5,000 $ 10,000
C lly of Aspen $ 5,000 $ 5,000 $ 10,000
Pueblo County ~; 6,250 $ 6,250 $ 12,500
City or Pueblo $ 6,250 $ 6,250 $ 12,500
Routt County $ 5,000 $ 5,000 $ 10,000
Summit County 1; 5,000 $ 5,000 $ 1 0 ,00 0
W e ld County $ 10,000 $ 10,000 $ 2 0 ,0 00
Regional Transportation $ 25,000 $ 25,000 $ 50,000 District
Roaring Fork $ 5,000 $ 5,000 $ 10,000 T ran~portatlon Authorl l y
Pikes Peak Regional $ 10,000 $ 10,000 $ 20,000 Tran sportation Authority
RMRA Local Revenue Totals
2007 2008 TOTAL
RMRA Totals .. $ 222,500 $ 232,500 $ 455,000
COOT SB -01 Grant Revenue
2007 2008 TOTAL
COOT $ 415,333 $ 830,667 $ 1,246,000
I Total Revenue
2007 2008 TOTAL
'TOTAL $ 637,833 $ 1,063 ,167 $ 1,701 ,COO
Page I RMRA07Commlt d8uelge1 -,tiortver,1on ·01 ·07 .xts
Feasibility Study Expenses
2007 2008 TOTAL .,.J-
Feasibility Study -, r-/
Program Management $ 60,000 (8 months) $ 90,000 (12 months) $ 150,000
Feasibility Study Travel Demand Model $ 85,000 $ 170,000 $ 255,000 Planning Consultant
Forecast $ 23,333 $ 46,667 $ 70,000
Finance $ 3,333 $ 6,667 $ 10,000
Feasibility Study Total $ 111,666 $ 223,334 $ 335,000 Planning Consultant
Feasibility Study Scoping $ 13,333 $ 26,667 $ 40,000 Systems Consultant ..
Outreach $ 22,444 $ 44,889 $ 67,333
Guldeway Design $ 66,667 $ 133,333 $ 200,000
New Aerial Guideway $ 126,667 $ 253,333 $ 380,000 Alignment
Existing System $ 16,667 $ 33,333 $ S0,000
High Speed Rail $ 83,389 $ 166,778 $ 250,167 Alternatives Selection
Final Report Phase 1 $ 8,333 $ 16,667 $ 25,000
Feasibility Study Total $ 337,500 $ 675,000 $ 1,012,500 Systems Consultant
Feasibility Study Peer Review $ 20,000 $ 40,000 $ 60,000
2007 2008 TOTAL
Study Totals $ 529,166 $ 1 ,028,334 $ 1,S57,500
P•gt 2 MAA0 7Comm1ltd&udg t ·1hortvtrJ1on ·01 ·07 .xlt
Administration E>:penses
2007 2008 TOTAL
Prourun1 M antHJ l!ffH.!lll Travel/MIieage $ 5 ,000 $ 10,000 $ 15,000
Feasibility Study Scope of $ 20,000 $ -$ 2 0 ,000 Work & RFP Prep
l l MIUI Office Rental (CCC) $ -(8 months) $ -(12 months) $ -
RMll/1 Office Supplies $ 1,000 $ 1,000 $ 2,000
l l Mll /1 Secret,11·i a l Se rvices $ 1,600 (8 months) $ 2,400 (12 months) $ 4,000 ( 1300 rd m e etings)
HMll/1 /\PT/\ Du e s $ 177 $ 177 $ 35 4
llMR/1 Cr\/\ Contribution $ 9,000 1· -$ 9,000
Sl3 Inc.
fl Ml l /1 Member Outreach $ U,000 1· :1; 8,000
(Jan -April 07)
SB Inc.
RMR /\ Member Outreach 1· 6,000 $ -1· 6 ,000
(May -July 07)
SB Inc.
RMllA Outreach/Coord ination $ 5,000 $ 5 ,000
(/\ug -Dec . 07)
RMRA Travel/MIieage $ 5,000 $ 5,000 $ 10,000
llMll/1 Legal $ 36,000 (12 m o nths ) $ 36,000 (1 2 month,) $ 72,00 0
RMllA Insurance $ 1,002 $ 1,U02 $ 3,604
RMRA Accounting 1· -$ -$ -
RMRA Audit $ 6 ,000 $ 6,000 1· 12,000
RMRA Petty Cash $ 300 $ 300 $ 600
2007 2008 TOTAL
Administration Totals $ 104,879 $ 62,679 $ 167,558
Study Totals $ 529,166 $ 1,028,334 $ 1,557,500
Total Expenses $ 634,045 $ 1,091,013 $ 1,725,058
Tota l Revenues $ 63 7 ,833 $ 1,063,167 $ l.,701 ,000
RMRA Balan ce $ 3,788 $ (27,846) $ (24,058)
TABOR Required $ 19 ,021 $ 32,730 30/0 Reserve
Page 3 RMRA07Commlted8udget -,hortv 1clon6·01·07.xl1
(
ADDENDUM# __
TO AGREEMENT CREATING ROCKY MOUNTAIN RAIL AUTHORITY ENTERED
INTO BY CLEAR CREEK COUNTY AND CITY OF MONUMENT
Pursuant to Section 5 .0 of the Agreement creating the Rocky Mountain Rail Authority,
entered into by Clear Creek County and the City of Monument, effective November 20 , 2006
(Agreement), the City of Englewood, Colorado hereby approves this addendum in order to
become a member of the Rocky Mountain Rail Authority, and hereby agrees to the terms of that
Agreement and to the First Amendment to that Agreement.
Englewood 's representative on the Rocky Mountain Rail Authority Board of Directors shall
be Ray Tomasso; the alternate representative shall be Bob McCaslin.
The City of Englewood's financial contribution to the Rocky Mountain Rail Authority shall
be nothing at this time .
Upon receipt and acceptance by the Rocky Mountain Rail Authority of this addendum , the
City of Englewood will be a party to the Agreement.
CITY OF ENGLEWOOD, COLORADO
James K . Woodward, Mayor Pro Tern
Addendum Accepted by:
ROCY MOUNTAIN RAIL AUTHORITY
Harry Dale, Chair
'
COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
O ctober 15, 200 7 9 Ci Contract for Architectural Services and Project
Administration
Initiated By: Staff Source:
Department of Parks and Re c rea ti o n Jerr ell Bl ac k, Direc t o r of Park s and Re c reation
D ave Lee, Man ager of Open Sp ace
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
The Belleview Park pla y ground and shelter reno vati o ns meet the follow ing Co uncil go als :
• A City that prov ide s and m aintain s qu ality infras tru cture .
• A safe, cl ea n and attrac ti ve City.
• A City th at prov id es di ve rse c ultural, rec reati o nal and enterta inm ent o pp o rtuniti es .
Th e pla y ground and shelter re n ova ti o ns are p art of th e ove rall En glewood Park s and Rec rea t ion
Mas t er Pl an of 2006 .
A p rese ntati o n o n th e scope of th e p roj ec t was give n t o City C o un ci l in a Stud y Sessio n o n Tuesda y,
September 4 , 2007 .
RECOMMENDED ACTION
St aff reco mm end s th at Co un c il app rove , by Motion, a contract for architectural design and project
construction administration to PKM Design Group in the amount of $64,774.
BACKGROUND , ANALYSIS , AND ALTERNATIVES IDENTIFIED
In April, 2007, staff recei ve d t en proposals from firms interested in designing improvements to
Belle\ iew Park . The top four firms were interviewed and PKM Design Group was se lected to
design th e project. PKM Design Group \ as th e lowest, most qualified bidder.
Th e "Pi a gro und Reno\'a ti o n Co nce pt Plan " and th e pr eliminary co nstru cti o n cos t es tim at e were
presented t o th e Par ks and Rec r ea ti o n Commission an d t o City Council. Base d o n an ti cipa t ed
fundin g, th e proje t has been sepa rat ed into two Pha ses. Ph ase I of th e cons tru cti on project
o nsists of building two pla yg rounds, a picnic pa v ili o n and a basketball cou rt. A ccess t o th e en t ire
area and th e pla ygro unds wi ll also be imp rove d t o m ee t ADA standards . Phase II of th e project will
o nsi~t of r elo ati n and c nstru cti on of a new ADA accessib le restroom .
Thb de~ign on tra t includ ~ th e prepara ti on of cons tru ction do um nts for both phases, along with
on tru ti n admini trat ion required for Phase I. Phase II construction wi ll be bid as an add-
al t erna t e and awarded on l , if dditional funding be om s available.
Final design drawings and specifications are scheduled to be complete by early December 2007
and project construction will be completed by the end of May 2008.
FINANCIAL IMPACT
This contract is for design services only.
Detailed below are the total estimated costs associated with the project:
Phase I
Phase II
PKM Design Group (this contract)
Geotechnical testing and foundation report
Construction estimate Phase I
Total Phase I estimate
PKM Design Group (construction administration)
Geotechnical testing and foundation report
Construction estimate Phase II
$ 64,774
4,600
424,002
$493,376
$ 6,890
4,600
274,676
$286 ,166
The Parks and Recreation Department has been successful in receiving a grant in the amount of
$137,000 for construction of the picnic pavilion through Arapahoe County Open Space.
LIST OF ATTACHMENTS
Professional Services agreement
PKM Design Fee Proposal
Phase I Construction Cost Estimate
Phase II Construction Cost Estimate
'
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (the "Agreement ") is made as of this 15th day of
October, 2007 , (the "Effective Date ") by and between PKM Design Group, Inc., ("Consultant"),
whose address is 7353 S. Alton Way , Centennial , Colorado , 80112 and The City of Englewood ,
Colorado , a munic ipal corporation organized under the laws of the state of Colorado ("City ").
City desires that Consultant , provide architectural/engineering consult ing serv ices , for the project
Belleview Park Pavilion, Playground and Restroom Renovation, Phase I and Phase II
Construction Documents as described in Schedule A, and Consultant desires to perform such
services on behalf of City on the terms and conditions set forth herein, the total estimated cost
thereof being Sixty-Four Thousand Seven Hundred Seventy-Four dollars and ten cents
($64,774.10) as detailed in the attached Cost Proposal.
In consideration of the foregoing and the terms here inafter set forth and other good and valuable
cons ideration , the receipt and sufficiency of wh ich are hereby acknowledged , the parties hereto ,
intending to be legally bound, agree as follows :
1. Definitions . The terms set forth below
shall be defined as follows :
(a) "Intellectual Property Rights " shall
mean any and all (by whatever name or term
known or designated) tangible and intangible
and now known or hereafter ex ist ing (1 ) righ t s
associate with works of authorship throughout
the universe , including but not limited to
copyrights , moral rights, and mask-works , (2)
trademark and trade name rights and similar
rights , (3) trade secret rights , (4) patents ,
designs , algorithms and other industrial
property rights , (5) all other intellectual and
industrial property rights (of every kind and
nature throughout the un iverse and however
des ignated ) (i nclud ing logos , "renta l" righ ts an d
rights to remunera ti on ), whe t her arising by
operation of law, contract, license, or
otherwise, and (6) all registrations , initial
applications, renewals , extensions ,
continuations , divisions or reissues hereof now
or hereafter in force (including any rights in any
of the foregoing).
(b) "Work Product" shall mean all patents ,
patent applications, inventions , designs, mask
works , processes, methodologies , copyrights
and copyrightable works , trade secrets
including confidential information , data ,
designs , manuals , training materials and
documentation . formulas , knowledge of
manufacturing processes , methods , prices ,
financial and accounting data , products and
product specifications and all other Intellectual
Property Rights created, developed or
prepared , documented and/or delivered by
Consultant , pursuant to the provis ion of the
Serv ices .
2. Statements of Work. Dur ing the term
hereof and subject to the terms and conditions
contained herein , Consultant agrees to
provide , on an as requested basis , the
consulting services , systems integration
services , data conversion services, training
serv ices , and related services (the "Services ")
as further described in Schedule A (the
"Statement of Work") for City , and in such
add it ional Statements of Work as may be
exec uted by ea ch of the parties hereto from
time to time pursuant to this Agreement. Each
Statement of Work shall specify the scope of
work , specifications, basis of compensation
and payment schedule , estimated length of
time required to complete each Statement of
Work, including the estimated start/finish
dates, and other re levant information and shall
incorporate all terms and conditions contained
in this Agreement
3. Perfo rm ance of Services.
(a) Performance. Consultant shall
perform the Services necessary to complete all
projects outlined in a Statement of Work in a
timely and professional manner consistent with
the specifications , if any, set forth in the
Statement of Work, and in accordance with
industry standards . Consultant agrees to
exercise the highest degree of professionalism ,
and to utilize its expertise and creative talents
in completing the projects outlined in a
Statement of Work .
(b) Delays. Consultant agrees to notify
City promptly of any factor , occurrence , or
event coming to its attention that may affect
Consultant 's ability to meet the requirements of
the Agreement , or that is likely to occasion any
material delay in completion of the projects
contemplated by this Agreement or any
Statement of Work . Such notice shall be given
in the event of any loss or reassignment of key
employees, threat of strike, or major equipment
failure . Time is expressly made of the essence
with respect to each and every term and
provision of this Agreement.
(c) Discrepancies. If anything necessary
for the clear understanding of the Services has
been omitted from the Agreement
specifications or it appears that var ious
instruct ions are in conflict , Vendor shall secure
written instructions from City 's project director
before proceeding with the performance of the
Services affected by such omissions or
discrepancies .
4. Invoices and Payment. Unless
otherwise provided in a Statement of Work ,
City shall pay the amounts agreed to in a
Statement of Work within thirty (30) days
follow ing the acceptance by C ity of the work
called for in a Statement of Work by City .
A cc epta nc e proced ures sha ll be ou t lin ed in the
Statement of W ork . If City disputes all or any
portion of an invo ice for charges , then City
shall pay the undisputed portion of the invoice
by the due date and sh all provide the following
no tific at ion with re sp ect to th e dis pute d portion
of th e in vo ic e . Ci t y shall not ify Co nsu lta nt as
soon as possib le of the specific amoun t
dis puted and shall pro vide re asona ble detail as
to t he basis for the dis pute . The parties shall
then attempt to resol ve th e disputed portion of
such invoice as soon as possible . Upon
resolut ion of the disputed portion , City shall
pay to Consultant the resolved amount.
5. Taxes. City is not subject to
taxation . No federal or other taxes (excise ,
luxury , transportation , sales , etc .) shall be
included in quoted prices . City shall not be
obligated to pay or reimburse Consultant for
any taxes attributable to the sale of any
Services which are imposed on or measured
by net or gross income , capital , net worth ,
franchise , privilege , any other taxes , or
assessments , no r any of the foregoing
imposed on or payable by Consultant. Upon
written notification by City and subsequent
verification by Consultant, Consultant shall
reimburse or credit , as applicable , City in a
timely manner, for any and all taxes
erroneously paid by City . City shall provide
Consultant with , and Consultant shall accept in
good faith, resale, direct pay, or other
exemption certificates , as applicable .
6. Out of Pocket Expenses. Consultant
shall be reimbursed only' for expenses which
are expressly provided for in a Statement of
Work or which have been approved in advance
in writing by City , provided Consultant has
furn ished such documentation for author ized
expenses as City may reasonably request.
7. Audits. Consultant shall provide such
employees and independent auditors and
inspectors as City may designate with
reasonable access to all sites from which
Services are performed for the purposes of
performing audits or inspections of
Consultant 's operations and compliance with
this Agreement. Consultant shall provide such
aud itors and inspecto rs any reasonab le
ass istance that they may require . Such aud its
shall be conducted in su ch a way so that th e
Services or services to any other customer of
Consultant are not impacted adversely .
8 . Term and Te rm inatio n. The term of
this Agreement shall commence on the
Effective Date and sha ll continue un less this
Ag reeme nt is terminated as provi ded in t his
Section 8.
(a) Conv e nienc e. City may , without
cause and wi t hout penalty , terminate the
provision of Serv ices under any or all
Statements of Work upon thirty (30) days pr ior
written notice . Upon such te rmination , City
shall , upon rece ipt of an invo ice from
Consultant , pay Consultant for Services
actually rendered prior to the effective date of
such termination. Charges will be based on
time expended for all incomplete tasks as
listed in the applicable Statement of Work, and
all completed tasks will be charged as
indicated in the applicable Statement of Work .
(b) No Outstanding Statements of
Work. Either party may terminate this
Agreement by providing the other party with at
least thirty (30) days prior written notice of
termination if there are no outstand ing
Statements of Work.
(c) Material Breach. If either party
materially defaults in the performance of any
term of a Statement of Work or this Agreement
with respect to a specific Statement of Work
(other than by nonpayment) and does not
substantially cure such default w ithin thirty (30)
days after receiving written notice of such
default, then the non-defaulting party may
terminate this Agreement or any or all
outstanding Statements of Work by providing
ten (10) days prior written notice of termination
to the defaulting party.
(d) Bankruptcy or Insolvency. Either
party may terminate this Agreement effective
upon written notice stating its intention to
terminate in the event the other party : (1)
makes a general assignment of all or
substant ially all of its assets for the benefit of
its creditors ; (2) applies for , consents to , or
acqu iesces in the appointment of a receiver,
t rus tee, custodian , or liqu idator fo r its bus iness
or all or substant ially all of its assets ; (3) files ,
or consents to or acquiesces in , a petition
seeking relief or reorganization under any
bankruptcy or insolvency laws ; or (4) files a
pet ition seeking relief or reorganization under
any bankruptcy or insolvency laws is filed
against that other party and is not dismissed
within sixty (60) days aft er it was filed .
(e) TABOR . The parties understand
and acknowledge that each party is subject to
Article X , § 20 of the Colorado Constitution
("TABOR"). The parties do not intend to
violate the terms a d requirements of TABOR
by the execution of this Agreement. It is
unde rstood and agreed that th is Agreement
does not create a multi-fiscal year direct or
indirect debt or obligation within the mean ing of
TABOR and , notwithstanding anything in this
Agreement to the contrary , all payment
obligations of City are expressly dependent
and conditioned upon the continuing
availability of funds beyond the term of City's
current fiscal period ending upon the next
succeeding December 31. Financial
obligations of City payable after the current
fiscal year are contingent upon funds for that
purpose being appropriated , budgeted, and
otherwise made available in accordance with
the rules , regulations , and resolutions of City
and applicable law. Upon the failure to
appropriate such funds , this Agreement shall
be deemed terminated .
(f) Return of Property. Upon
termination of this Agreement, both parties
agree to return to the other all property
(including any Confidential Information , as
defined in Section 11) of the other party that it
may have in its possession or control.
(g) Termination for Cause : If, through any
cause the Consultant shall fail to fulfill in a
timely and proper manner, its obligation under
this contract , or if the Consultant shall violate
any of the covenants , agreements or
stipulations of this contract , the City shall
thereupon have the right to terminate this
contract for cause by giving written notice to
the Consultant of its intent to terminate and at
least ten ( 10) day opportunity to cure the
default of show cause why termination is
otherw ise not appropriate . In the event of
terminat ion , all finished or un fi nished
docu me nt s , data, stud ies , surveys , drawings ,
maps , models , photographs , and reports or
other material prepared by the Consultant
under this contract shall , at the option of the
City , become its property , and the Consultant
shall be enti tl ed to receive just and equitable
com pens at ion fo r any services an d sup plies
delivered an d accepte d. The Consu ltant shall
be obliga ted to re t urn any payment advanced
under the provisions of this contract.
Notwithstand ing the above , the
Consultant shall not be relieved of liabil ity to
the City for any damages susta ined by the City
-
by virtue of any breach of the contract by the
Consultant.
In after such termination, if it is
determined for any reason that the Consultant
was not in default or the City 's action/inaction
was excusable , such termination shall be
treated as a termination for convenience , and
the rights and obligations of the parties shall be
the same as if the contract has been
terminated for convenience, as described
here in.
(h) Termination Due to Loss of
Funding: The parties hereto expressly
recognize that the City is to be paid ,
reimbursed , or otherwise compensated with
federal and/or State funds which are available
to the City for the purposes of contracting for
the Project provided for herein , and therefore ,
the Contactor expressly understands and
agrees that all its rights , demands and claims
to compensation arising under this contract are
contingent upon availability of such funds to
the City . In the event that such funds or any
part thereof are not available to the City , the
City may immediately term inat e or amend this
contract.
9. City Obligations . City will prov ide
timely access to City personnel , systems and
information required for Consultant to perform
its obligations hereunder. City shall provide to
Consultant 's employees perform ing its
obligations hereunder at City 's premises ,
without charge , a reasonable work
env ironment in comp li ance w ith all app li cable
laws and regulat ion s, includ ing off ice space ,
furniture , telephone service , an d re producti on,
computer, facsimile , secretarial and other
necessary equipment , supplies , and serv ices .
With respect to all third party hardware or
software operated by or on behalf of City , City
shall , at no expense to Consultant , obtain all
consents , licenses and sublicenses necessary
for Consultant to perform under the Statemen ts
of Work and shall pay any fees or other costs
associated with obtain ing such consents ,
licenses and sublicenses .
1 O. Staff. Consultant is an independent
consultant and ne ither Consultant nor
Co nsu ltant's staff is , or shall be deemed to be
employed by City . City is hereby contracting
with Consultant for the Services described in a
Statement of Work and Consultant reserves
the right to determine the method, manner and
means by which the Services will be
performed. The Services shall be performed by
Consultant or Consultant 's staff, and City shall
not be required to hire , supervise or pay any
assistants to help Consultant perform the
Services under th is Agreement. Except to the
extent that Consultant's work must be
performed on or with City 's computers or City 's
existing software , all materials used in
providing the Services shall be provided by
Consultant.
11. Confidential Information.
(a) Obligations. Each party hereto
may receive from the other party information
which relates to the other party 's business,
research, development, trade secrets or
business affairs ("Confidential Information ").
Subject to the provisions and exceptions set
forth in the Colorado Open Records Act , CRS
Section 24-72 -101 et. seq ., each party shall
protect all Confident ial Information of the other
party with the same degree of care as it uses
to avoid unauthorized use , disclosure ,
publication or dissemination of its own
confidential information of a similar nature , but
in no event less than a reasonable degree of
care . Without limiting the generality of the
foregoing , each party hereto agrees not to
disclose or permit any other person or entity
access to the other party 's Confidential
Informat ion except such d isclosure or access
shall be perm itted to an employee , agent ,
re pre se nta tive or in de pe nd ent co nsu ltan t of
such party requiring access to the same in
order to perform his or her employment or
services . Each party shall insure that their
employees , agents , representatives , and
inde pe ndent consultants are ad vised of the
confi de nt ial nature of th e Co nfi dential
Informat ion an d are preclu ded f ro m t aking any
action prohibited under this Section 11 .
Further, each party agrees not to alter or
remove any identification , copyright or other
proprietary rights notice which indicates the
ownership of any part of such Confident ial
Information by the other party . A party hereto
shall undertake to immed iately notify the other
party in writing of all circumstances
surrounding any possession , use or knowledge
of Confidential Information at any location or by
any person or entity other than those
authorized by this Agreement.
Notwithstanding the foregoing , nothing in this
Agreement shall restrict either party with
respect to information or data identical or
similar to that contained in the Confidential
Information of the other party but which (1) that
party rightfully possessed before it received
such information from the other as evidenced
by written documentation; (2) subsequently
becomes publicly available through no fault of
that party; (3) is subsequently furnished
rightfully to that party by a third party without
restrictions on use or disclosure; or (4) is
required to be disclosed by law, provided that
the disclosing party will exercise reasonable
efforts to notify the other party prior to
disclosure .
(b) Know-How. For the avoidance of
doubt neither City nor Consultant shall be
prevented from making use of know-how and
principles learned or experience gained of a
non-proprietary and non -confident ial nature .
(c) Remedies. Each of the parties
hereto agree that if any of them , their officers ,
employees or anyone obtaining access to the
Confidential Information of the other party by ,
through or under them , breaches any provision
of this Section 11 , the non-breaching party
shall be entitled to an accounting and
repayment of all profits , compensat ion ,
commissions , remunerations and benefits
wh ich the breach ing party , its officers or
employees d irectly or ind irectly real ize or may
realize as a result of or gro wing out of, or in
connection with any such breach . In addition
to , and not in limitation of the fore going , in the
event of any bre ach of thi s Secti on 11 , t he
pa rtie s agre e that the non -breach ing party will
su ffer irre pa rable harm and that the total
amount of moneta ry damages fo r an y such
injury to the non-breachin g part y ar isin g from a
violati on of this Section 11 wou ld be im po ssi bl e
to ca lcula te and woul d th erefo re be an
inadequate remedy at law . According ly, t he
part ies agree that the non -breaching party
shall be entitled to temporary and permanent
inj un ctive rel ief aga inst the breaching party , its
officers or employees and such other rights
and remedies to which the non-breaching party
may be entitled to at law , in equity or under this
Agreement for any violation of this Section 11.
The provisions of this Section 11 shall survive
the expiration or termination of this Agreement
for any reason .
12. Project Managers. Each party shall
designate one of its employees to be its
Project Manager under each Statement of
Work , who shall act for that party on all matters
under the Statement of Work. Each party shall
notify the other in writing of any replacement of
a Project Manager. The Project Managers for
each Statement of Work shall meet as often as
either one request to review the status of the
Statement of Work .
13. Warranties.
(a) Authority. Consultant represents
and warrants that: ( 1) Consultant has the full
corporate right , power and authority to enter
into this Agreement and to perform the acts
required of it hereunder; (2) the execution of
this Agreement by Consultant , and the
performance by Consultant of its obligations
and duties hereunder, do not and will not
violate any agreement to which Consultant is a
party or by which it is otherwise bound under
any applicable law, rule or regulation ; (3) when
executed and delivered by Consultant , this
Agreement will constitute the legal, valid and
binding obligation of such party , enforceab le
against such party in accordance w ith its
terms ; and (4) Consultant acknowledges that
City makes no representations , warrant ies or
agreements related to the subj ect matt er
hereof that are not expressly provided for in
this Agreement
(b) Service Warranty . Consultant
war rants that it s emp loyee s and consultants
shall have sufficient sk ill , kno wl edg e , and
t ra inin g to perform Serv ices and t hat the
Se rvice s shall be pe rfo rmed in a professional
and wo rkm anlike manner.
(c ) Personn el. Unless a spec ific
number of employees is set forth in the
Statement of Work , Consultant warrants it wil l
prov ide suffic ient employees to comp lete t he
Services ordered within the applicable time
frames established pursuant to this Agreement
or as set forth in the Statement of Work .
During the course of performance of Services ,
City may , for any or no reason , request
replacement of an employee or a proposed
employee . In such event, Consultant shall ,
within five (5) working days of receipt of such
request from City , provide a substitute
employee of sufficient skill , knowledge , and
training to perform the applicable Services .
Consultant shall require employees providing
Services at a City location to comply with
applicable City security and safety regulations
and policies .
(d) Compensation and Benefits.
Consultant shall provide for and pay the
compensation of employees and shall pay all
taxes, contributions , and benefits (such as, but
not limited to , workers ' compensation benefits)
which an employer is required to pay relating
to the employment of employees . City shall not
be liable to Consultant or to any employee for
Consultant 's failure to perform its
compensat ion , benefit , or tax obligations .
Consultant shall indemn ify , defend and hold
City harmless from and aga inst all such taxes ,
contributions and benefits and w ill comply with
all associated governmental regulations ,
including the filing of all necessary reports and
returns .
14. Indemnification.
(a) Consultant Indemnification.
Consultant shall indemn ify , defend and hold
harmle ss C ity , its directors , officers ,
employees , and age nts an d t he he irs,
executors , successors , and permitted assigns
of any of the foregoing (the "City Indemnities ")
from and against all losses , claims , obligations ,
demands , assessments , fines and penalties
(whether civil or cri minal), liabilit ies , ex pense s
and cos t s (inclu d ing reas o nabl e fees and
disbursements of le gal counsel and
accountants), bodily and other pers o nal
injuries , damage to tangible property , and
other damages , of any kind or nature , suffered
or incurred by a City lndemnitee directly or
indirectly ar ising from or related to : ( 1) any
negl igent or intentional act or omission by
Consultant or its representatives i n the
performance of Consultant 's obligations under
this Agreement , or (2) any material breach in a
representation , warranty , covenant or
obligation of Consultant contained in this
Agreement.
(b) Infringement. Consultant will indemnify ,
defend , and hold City harmless from all
lndemnifiable Losses arising from any th ird
party claims that any Work Product or
methodology supplied by Consultant infringes
or misappropriates any Intellectual Property
rights of any third party ; provided, however ,
that the foregoing indemnification obligation
shall not apply to any alleged infringement or
misappropriation based on : (1) use of the
Work Product in combination with products or
services not provided by Consultant to the
extent that such infringement or
misappropriation would have been avoided if
such other products or services had not been
used ; (2) any modification or enhancement to
the Work Product made by City or anyone
other than Consultant or its subconsultants ; or
(3) use of the Work Product other than as
permitted under this Agreement.
(c) Indemnification Procedures. Not
w ith-standing anything else contained in this
Agreement , no obligation to indemnify which is
set forth in this Section 14 shall apply unless
the party claiming indemnification notifies the
other party as soon as practicable to avoid any
prejudice in the claim , suit or proceeding of any
matters in respect of which the indemnity may
apply and of which the notifying party has
knowledge and gives the other party the
opportunity to control the response thereto and
t he defense the reof; prov ided , however , t ha t
the party claiming indemnification shall have
the right to participate in any legal proceedings
to contest and defend a claim for
indemnificati on inv olving a third party and to be
re presented by it s own atto rn eys , all at such
party 's cost and expe nse ; prov ided fu rther,
however, t hat no settlement or com pro mise of
an asse rt ed third-part y claim other than the
paymenVmoney may be ma de without the prior
written consent of the party claiming
indemnification .
(d ) Immun ity . City , its officers , and its
employees , are relying on , and do not waive or
,.
'
intend to wa ive by any provision of this
Agreement , the monetary limitations or any
other rights , immunities , and protections
provided by the Colorado Governmental
Immunity Act, C.R.S . 24-10-101 et seq ., as
from time to time amended , or otherwise
available to City, its officers , or its employees.
15. Insurance.
(a) Requirements. Consultant agrees
to keep in full force and effect and maintain at
its sole cost and expense the following policies
of insurance during the term of this Agreement:
(1) Statutory Worker's Compensation ,
including occupational disease , in accordance
with law.
(2) Commercial General Liability Insurance
(including contractual liability insurance)
providing coverage for bodily injury and
property damage with a combined single limit
of not less than three million dollars
($3,000 ,000) per occurrence.
(3) Professional Liability/Errors and
Om issions Insurance covering acts , errors and
om1ss1ons arising out of Consultant's
operations or Services in an amount not less
than one million dollars ($1 ,000 ,000) per
occurrence .
(4) Employee Dishonesty and Computer
Fraud Insurance covering losses arising out of
or in connect ion with any fraudulent or
d ishonest acts comm itted by Consultant
personne l, act ing alone or with others , in an
am o unt not less than one million dollars
($1 ,000 ,000) per occurrence .
(b) Approved Com pa nies. All such
insurance shall be procured with such
insurance companies of good standing ,
permitt ed to do business in the country, state
or territory where the Services are being
performed .
(c) Certificates. Consultant shall
provide City with certificates of insurance
evidencing compliance with this Section 15
(i ncluding ev idence of renewal of insurance)
signed by autho ri zed representatives of the
respe ct ive carri e rs for each year that th is
Agreement is in effect. Each certificate of
insurance shall provide that the issuing
company shall not cancel , reduce , or otherwise
materially change the insurance afforded under
the above policies unless thirty (30) days '
notice of such cancellation , reduction or
material change has been provided to City .
16. Rights in Work Product
(a) Generally. Except as specifically
agreed to the contrary in any Statement of
Work , all Intellectual Property Rights in and to
the Work Product produced or provided by
Consultant under any Statement of Work shall
remain the property of Consultant. With
respect to the Work Product , Consultant
unconditionally and irrevocably grants to City
during the term of such Intellectual Property
Rights, a non-exclusive, irrevocable, perpetual ,
worldwide, fully paid and royalty-free license ,
to reproduce , create derivative works of,
distribute, publicly perform and publicly display
by all means now known or later developed ,
such Intellectual property Rights .
(b) Know-How. Notwithstanding
anything to the contrary herein, each party and
its respective personnel and consultants shall
be free to use and employ its and their general
skills, know-how , and expertise, and to use ,
disclose , and employ any generalized ideas ,
concepts , know-how , methods , techniques , or
skills gained or learned during the course of
any assignment , so long as it or they acquire
and apply such information without disclosure
of any Confident ial Information of the other
party .
17. Rel ation ship of Partie s. Consultant is
acting only as an independent consultant and
does not undertake, by this Agreement , any
Statement of Work or otherwise , to perform
any obl igation of City , whet her regulatory or
cont ractu al, or to assu me any resp onsi bility for
City 's business or o perat ions . Neither party
shall act or represent itse lf, directly or by
implication , as an agent of the other, except as
expressly authorized in a Sta tement of Work .
18 . Compl ete Agree ment. Th is
Agreement conta ins the ent ire agreement
between the parties hereto with respect to the
matters cov ered herein .
19. Applicable Law. Consultant shall
comply with all applicable laws in performing
Services but shall be held harmless for
violation of any governmental procurement
regulation to which it may be subject but to
which reference is not made in the applicable
Statement of Work . This Agreement shall be
construed in accordance with the laws of the
State of Colorado . Any action or proceeding
brought to interpret or enforce the provisions of
this Agreement shall be brought before the
state or federal court situated in Arapahoe
County , Colorado and each party hereto
consents to jurisdiction and venue before such
courts .
20. Scope of Agreement. If the scope of
any provisions of this Agreement is too broad
in any respect whatsoever to permit
enforcement to its fullest extent , then such
provision shall be enforced to the maximum
extent permitted by law, and the parties hereto
consent to and agree that such scope may be
j ud icially mod ified accordingly and tha t the
whole of such provision of this Agreement shall
not thereby fail , but that the scope of such
provision shall be curtailed only to the extent
necessary to conform to law.
21. Additional Work. After receipt of a
Statement of Work , C ity , with Consultant 's
consent , may request Consultant to undertake
add itional work with respect to such Statement
of Wo rk . In such event , C ity and Consu ltant
sh all execute an addend um to the Statemen t
of Work specifying such ad d itional work and
the compensation to be paid to Consultant for
such additional work.
22. Su bconsul ta nts. Consultant may not
subcontract any of the Services to be provided
hereunder without the prior written consent of
City . In the event of any permitted
subcontracting , the agreement with such third
party shall provide that, with respect to the
subcontracted work , such subconsultant shall
be subject to all of the obligations of
Consultant specified in this Agreement.
23. Notices. Any notice provided pursuant
to this Agreement shall be in writing to the
parties at the addresses set forth below and
shall be deemed given (1) if by hand delivery ,
upon receipt thereof, (2) three (3) days after
deposit in the United States mails , postage
prepaid , certified mail , return receipt requested
or (3) one (1) day after deposit with a
nationally-recognized overnight courier ,
specify ing overnight pr iority delivery . Either
party may change its address for purposes of
this Agreement at any time by giving written
notice of such change to the other party
hereto .
24. Assignment. This Agreement may not
be assigned by Consultant without the prior
written consent of City . Except for the
prohibition of an assignment contained in the
preceding sentence , this Agreement shall be
binding upon and inure to the benefit of the
heirs, successors and assigns of the parties
hereto .
25. Third Party Beneficiaries . This
Agreement is entered into solely for the benefit
of the parties hereto and shall not confe r any
rights upon any person or entity not a party to
th is Agreement.
26. Headings. The section headings in
this Agreement are solely for convenience and
shall not be considered in its interpretation .
The rec itals set forth on the first page of th is
Agreement are incorporated into the body of
this Agreement. The exh ibits referred to
t hrougho ut th is Ag reemen t and any Statement
of Work prepa red in conformance with th is
Agreement are incorporated into t his
Agreement.
27. Waiver. The failure of either party at
any time to require performance by the other
party of any provision of this Agreement shall
not effect in any way the full right to require
such performance at any subsequent time ; nor
shall the waiver by either party of a breach of
any provision of this Agreement be taken or
held to be a waiver of the provision itself.
28. Force Majeure. If performance by
Consultant of any service or obligation under
this Agreement is prevented , restricted ,
delayed or interfered with by unforeseen
events, which may include reason of labor
disputes , strikes, fires , acts of God, floods ,
lightning , severe weather, shortages of
materials , rationing , utility or communications
failures, earthquakes , war, revolution , civil
commotion, acts of public enemies , blockade ,
embargo or any law, order, proclamation ,
regulation , ordinance , demand or requirement
having legal effect of any governmental or
judicial authority or representative of any such
government, or any other act whether similar
or dissimilar to those referred to in this clause,
which are beyond the reasonable control of
Consultant, then Consultant shall be excused
from such performance to the extent of such
prevention, restriction, delay or interference. If
the period of such delay exceeds thirty (30)
days, City may, without liability, terminate the
affected Statement of Work(s) upon written
notice to Consultant.
29. Time of Performance. Time is
expressly made of the essence with respect to
each and every term and provision of this
Agreement.
30. Permits. Consultant shall at its own
expense secure any and all licenses , permits
or certificates that may be required by any
federal , state or local statute , ordinance or
regulation for the performance of the Services
under the Agreement. Consultant shall also
comply with the provisions of all Applicable
Laws in performing the Services under the
Agreement. At its own expense and at no cost
to City , Consultant shall make any change ,
alteration or mod ification that may be
necessary to comply w ith any Appl icable Laws
that Consultant failed to comply with at the
time of performance of the Services .
31 . Media Releases . Except for any
ann oun cemen t int e nded sole ly fo r interna l
dist ri but ion by Consulta nt or a ny discl osure
re q uired by le gal, account ing , or regu lato ry
re q uirements beyond the re asonable cont rol of
Consultant , all media releases, pu blic
announcements, or pu blic d iscl osures
(including , but not limited to , promotional or
marketing material) by Consultant or its
employees or agents relating to this
Agreement or its subject matter, or including
the name , trade mark , or symbol of City , shall
be coord inated with and approved in writing by
City prior to the release thereof. Consultant
shall not represent directly or indirectly that any
Services provided by Consultant to City has
been approved or endorsed by City or include
the name , trade mark , or symbol of City on a
list of Consultant's customers without City 's
express written consent.
32. Nonexclusive Market and Purchase
Rights . It is expressly understood and agreed
that this Agreement does not grant to
Consultant an exclusive right to provide to City
any or all of the Services and shall not prevent
City from acquiring from other suppliers
services similar to the Services . Consultant
agrees that acquisitions by City pursuant to
this Agreement shall neither restrict the right of
City to cease acquiring nor require City to
continue any level of such acquisitions .
Estimates or forecasts furnished by City to
Consultant prior to or during the term of th is
Agreement shall not constitute commitments .
33. Survival . The prov isions of Sections 5,
8(9), 10 , 11 , 13 , 14, 16 , 17 , 19 , 23 , 25 and 31
shall survive any expiration or termination for
any reason of this Agreement.
34. VERIFICATION OF COMPLIANCE
WITH C.R.S. 8-17.5-101 ET.SEQ.
REGARDING ILLEGAL ALIENS
(a) Employees, Consultants and
Subconsultants: Consultant shall not
knowingly employ or contract with an illegal
alien to perform work under th is Contract.
Cons ul tant shall not contract wit h a
subconsultant that
(i) knowingly employs or
contracts with an illegal alien to perform work
under this Contract or
(ii) fa il s t o cert ify t o t he
Co nsultant that the subcons ultant will not
know ing ly e mp loy or contra ct with an ille gal
alien to perfo rm wo rk un der this Contract .
[C RS 8-17 .5-1 02(2)(a)(I) & (II).]
(b) Verification : Consultant 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
Consultant does not employ any illegal aliens.
And, if not accepted into the "basic pilot
program" prior to entering into this Contract,
Consultant further verifies, Consultant will
apply to participate in the "basic pilot program"
every three months until Consultant 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": Consultant 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 Consultant obtains actual
knowledge that a subconsultant performing
work under this Contract knowingly employs or
contracts with an illegal alien, the Consultant
shall ;
( 1 ) notify the
subconsultant and the City within three
days that the Consultant has actual
knowledge that the subconsultant is
employing or contracting with an illegal
alien ; and
(2) terminate the
subcontract with the subconsultant if,
within three days of receiving notice
that the Consultant has actual
knowledge that the subconsultant is
employing or contracting with an illegal
alien , the subconsultant does not stop
employing or contracting with the illegal
alien . CRS 8-17.5-102(2)(b)(lll)(A) &
(8).)
(3) Exception: If the
subconsultant provides information to
establish that the subconsultant has not
knowingly employed or contracted with
an illegal alien and the subconsultant
stops employing or contracting with the
illegal alien .
(e) Duty to Comply with State Investigation:
Consultant shall comply with any reasonable
request of the Colorado Department of Labor
and Employment made in the course of an
investigation pursuant to C.R.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
Consultant's breach of any section of this
paragraph . Consultant shall be liable for
actual and consequential damages to the City
in addition to any other legal or equitable
remedy the Consultant prior to or during the
term of this Agreement shall not constitute
commitments . City may be entitled to for a
breach of this Contract.
~-------------
IN WITNESS WHEREOF, the parties to this Agreement have caused it to be executed by their
authorized officers as of the day and year first above written . This Agreement may be executed
in counterparts, each of which shall be deemed an original, but all of which together shall
constitute one and the same instrument.
CITY OF ENGLEWOOD, COLORADO
By:---------------
Title: ----------------
ATTEST:
City Clerk
135?:J s A Ibo \JJac:j Ste.,. \2S
Address 1
Ce.v\-t:e.tnn i cd , c.;o f> o 11 2-
c;1y(Zi; .code L
By: J~.
Title: ft-e.S(devrt
SCHEDULE A
OUTLINE OF STATEMENT OF WORK
1. GENERAL
The following list of documents and/or drawings are attached or incorporated by
reference :
• Cost Proposal from: PKM Design Group, dated August 20 , 2007 (attached)
• Concept Plan prepared by PKM Design Group, dated June 1, 2007
• Preliminary opinions of probable cost prepared by PKM, dated August 20, 2007.
2 . NAMES OF PROJECT COORDINATORS
For the City :
For Consultant:
Dave Henderson , Engineering/Capital Projects Administrator
Dave Lee , Manager of Open Space
Patricia K. Miers , President
3 . SUMMARY OF PURPOSE FOR STATEMENT OF WORK
• Prepare construction drawings and perform construction contract administration for
Phase I. Phase I consist of all of the items shown on the Concept Plan , dated June 1,
2007 , except the restroom and ramps west of the Playground . The cost for this
portion of the work being $38 ,724 .95 .
• Prepare construction drawings for Phase II. Phase II consists of the restroom and
ramps west of the Playground . The cost of this portion of the work being $26,049 .15.
4 . DESCRI PTIO N OF WORK PRODUCT AND D E LIVERABLES
• Construction drawing s an d techn ical s pec if icati ons for bid doc uments .
• Phase II will be bid as an add-alternate.
• Phase I construction administration is included in this contract cost.
5. MODE OF PAYMENT
• Payment by Check.
6 . PAYMENT SCHEDULE
• Monthly invoices .
7 . SCHEDULE AND PERFORMANCE MILESTONES
• Construction documents complete by December 3, 2007 .
• Construction complete by May 19, 2008
8. LOCATION OF WORK FACILITIES
Substantially all of the work will be conducted by Consultant at its regular office located in
Centennial.
City of Englewood
Belleview Park Pavilion , Playground and Restroom Restoration
PKM Design Group , Inc. Cost Proposal
20-Aug-07
Final Design Fee Phase 1 Phase 2
Task Resource Hourt:z: Rate Hours Subtotal Hours Subtotal
Construction Documents
PKM Design Group, Inc. P .Miers s 105.00 80 s 8 ,400 .00 20 $ 2 ,100 .00
D .James $ 60 .00 24 $ 1,440 .00 12 $ 720 .00
P .Foster $ 55.00 80 s 4 .400.00 20 $ 1,100 .00
Subtotal PKM s 14 ,240 .00 $ 3,920 .00
Yon Tanner Architect $ 2 ,000.00 $ 10 ,000 .00
Hedrick & Associates Civil $ 3 ,500 .00 $ 1,900 .00
Structural $ 3.500 .00 $ 3,850 .00
Ackerman Engineering Mechanical s 500 .00 $ 4 ,000 .00
Electrical $ 1,200 .00 $ 2 ,000 .00
Subtotal Subconsultants $ 10 ,700 .00 $ 21 ,750 .00
Total Construction Documents $ 24,940.00 $ 25,670.00
Bid Phase/Construction Administration
PKM Design Group, Inc. P.Miers s 105 .00 96 s 10 ,080 .00 (Add
D .James $ 60 .00 24 $ 1,440 .00 Alternate·
Subtotal PKM s 11,520.00 See Below)
Subconsultants:
Yon Tanner Architect $ 600.00
Hedrick & Associates Civil/Structural s 500 .00
Ackerman Engineering Mechanical $ 300.00
Electrical s 300 .00
Subtotal Subconsultants s 1.700.00
Total Bid Phan/Construction Administration $ 13 ,220.00
Total labor $ 38,160.00 $ 25,670 .00
Other Direct Costs
Item Units Unit Price Phase 1 Phase 2
Mileage 400 $ 0.485 270 s 130 .95 190 $ 92 .15
Copies 320 S 0 .20 220 $ 44 .00 160 $ 32 .00
Large format copies® S.25/sf 1920 S0 .25 1200 s 300.00 720 s 180 .00
Deliveries/courier (at cost -pri ce is approx.) 3 $30 .00 2 s 60 .00 2 s 60 .00
Miscellaneous supplies (at cost) 1 $30 .00 1 s 30 .00 1 s 15 .00
Total Other Direct Costs $ 564.95 $ 379.15
Total Cost for Design Phase I $ 38 ,724.95 Phase II $ 26,049 .15
TOTAL FOR BOTH PHASES $64,774.10
Add Alternate Construction Administration for Phase 2 Constructio n
PKM Design Group, Inc P .Miers s 105.00 20 $2 ,100 .00
D .James s 60 .00 4 $240 .00
Subtotal PKM $2 .3-40 .00
Subconsultants
Yon Tanner Architect $2 ,000 .00
Hednck & Associates Civil/Structural $1 ,000 .00
Ackerman Engmeenng Mechanical $850 .00
Electrical $700.00
Subtotal Subconsultants $4 ,550.00
Total Bid Phase lUC o nstruct lon Administration $1 ,ltO.OO
BELLEVIEW PARK RENOVATION
ENGLEWOOD, COLORADO
PRELIMINARY ESTIMATE OF CONSTRUCTION COST
PHASE 1 ONLY
August 20 , 2007
ITEM I DESCRIPTION j UNIT . ESTIMATE L ")TY i UNIT ~,uce I ESTIMATED COST
_ 1~ --, c;te ~ri.ng a~ 9 rubb i!'9 __ -·-----· •... __ • ·-LS __ 1 J $ 3.Q0 0.00 I S . 3,000 .00
2._
1
1
Remo~al of ~oncr ete Paverr ____ _ _ SY -1 .J,.41Jl I $__ ~.00 l S 5,672 .00
3. Removal _o.f.C'Lrb. _ _ _ LF • 188 _$_ _ 1 .00_ s_ 75 2 .00
t _ Re_n:,ov~ ofT_!!11 ber~~\!llning Wa l!______ -· ~-~ LF -J so, $ _ __:J .00 ! S 1,515,00
5 J Removal of Fence _____ . • I_ bf' .j . __ 65.9 •. S O 75 _! S _ 487 .50
__ 6_ ,~e~'!l!i of Pl ayground Pea Gr~vel ___ c y ~--·-· _350 i l _.1 8 00 : , 6,300 .(!9
_ L Removal of Shelter and Shelter Walls _. _. ___ _L_§_-t---___ 1 S . 7,500 00 .. !. 7 ~09-09 .
-~ 1 Removal ofL,ghtPole __ ----------_EA , _____ 3 S ... 500 .00 s ____ 1,500 .00
_.!Q ,__ lmgat,o l} Rl!..CQ.Q~gura \l.Q.I:!._ __ --·--· _ __ _ _ _ _k,l> _1__ _ 1 _I _s~ OOQ.00
1 L __ s,00 9 .00
__ 11 . UnclassifiedExcavation(C I.PJ _________ -~-C;~Y .. 200 S _ 15 .00 _l._ __ 3,909.00.
__ 12. .,Removal of Play Equipment __ ---··--_____ __] __ LS ___ 1 ~ -~000 .00 rS . . 5,.0_QQ .00
__ 13. • Concrete PavingJ..6~alks and Basketball Court) !_ SY _ __ _ 1,939 1 S __ 42 .00 l S . 8 1 438 .00
__ l~---,C.Qncre_!!l C1!_rbS_i!rou]ld J"!_ortj1_P.Ji!y _~re.!1.(3'.X.B."!~49'l _ . __ cy _ . . )~., I _ _;ll?Q~ S __ . _ _7_,12[0Q_
•. 15. Seat Wall around Toddler Play A rea 4 .5'x1 'x240.1_ __ _ CY _____ 40 S _ 375 .00 ,J _. __ 15 000 .00
16_,._ I Retaining Wall fo r ADA Access from Par1<ingj.ot (5'x6"x 146') _____ 14 1_!__375 .00 I ~2 .50
_1L ...J..§.-j. 1 J $..Jl.5 604 .00 s __ 95 604 .00
,-~1=8 ·~'-"·S~helter P,er E@ an9eme nts (out side egge pi~ only_L ____ ~A :-__ 13 _500 .00 $ __ 6,500 00
_ 19~ Lighting ______ --------------' L~ I ____ 1 S 5.000 .00 . S _ 5,QQ_0 .00 _
_ )Q. Reconnect Electrical Service _____________ , __ LS J,-1... 1_.000 .o_o_ __ s __ -1QQQ. . .QO
92§.... s _.lB.Q : _s __ 11 146 .BO_ 2 1. Engineered Wood Fi ber SF ,----.. --------,--
__ 2L__
1
1Poured_ iD..PJ'!!'J!. Rub ~rizect P~y S_urf,!~e . SF _ _Ji3; S __ 1-LQO_ S 7,490 .0Q
23 __ 1o_· ~,c_r,ic T_ab]l's _ __ ____ ____ EA ,
1
_ _!!l __ s 1,~5 1 0..9 -i s ___ 24 ,31JtOO
' I
24 46 " Round Tables (surface mount) .. ~. 3 ___ $ _ 1_.000 .00 $_ --~,OO_Q ,OQ..
_;~ ·1 BBO ·G;ills -----~~----__ _ _ EA · 2 ! s 400 .00 80Q .QQ._
.16~ };a:Ben~he~ ____ ··--EA---~~-; $_ 1.oo~iQ9 _~---4,000,Q_O _
_ 27_. f!asketballHoo~nd Poles ________ ------~ 1 $_ 1_.@.Q,Q O _ _L -~,000.00
' 26 .
1
Toddl"!_Pla y Cttnl ~ (Little Tike_s )(26x~_7) EA 1 , $ 4 935 00 $_ 4,9_3 5 .00
.J9 . -1
Ma x Play 3 (Little J"ike s)(3 2x35) _ EA . 1 I s 14,400 .00 _ S 4,932 .00
30 . . Spring Toys (GametimeJ E~ I 3 s 1,00Q_ 00 ~ S 3,000.00 I
31 , Arch Sw ing with 4 Seats EA s 1,800 .00 s 1,800 00
32 Infinity Climber (Little Tikes) EA s 5.000 00 $ 5,000.00
33 . . Deciduous Tree , Large 2 5" Cai E A 7 s 510 00 .s 3,570.00
34 .
1
Evergreen Tree. 6' Ht EA 3 . S 350 00
'
s 1,050 00
35 . Bluegrass Sod SF 7,885 . s 0.75 s 5,913.75
36 Soil Pre paration (all sodded areas) SF 7,865 . $ 010 $ 786 50
37 . Cedar Mulch, 4" depth for tree rings CF 36 . $ 2 50 $ 95 00
38 To psoil (4" depth) CY 97 $ 20 00 $ 1,940 00
SUBTOTAL ESTI M AT E FDR PHASE 1 CONSTRU CTION s ~9.235 .05
42 Mobihz at,on (5•!.) LS 1 $ 17 ,4 1 75 s 17 ,461 75
43 Per11111s (1.,.J LS $ 3,492 35 s 4,920 00
44 1 s•, Com ,ngency LS 1 s 52 ,385 2G s 52 .385 26
___!f)TA L ESTI MA TE FO R PH A E 1 CONSTRUCTION s 424 002 ot
BELLEVIEW PARK RENOVATION
ENGLEWOOD, COLORADO -----------·---·---·
-1-··---PRELIMINARY ESTIMATE OF .CONSTRUCTION COST _
____ August 20, 2007 -·-·-----·
ITEM !DESCRIPTION I UNIT I ESTIMATED QTY : UNIT PRICE I ESTIMATED COST
_1. __ ,C learing and Grubbing ____ .------_ _ __________ J __ h? __ j ______ 1 j $ . 2,000 .QO : $ ___ _J.OQO~O
--~ --r~-n::!O~aJ.Qf_Co'lcrete Eave_l!l~~-(@_§_xis~~g .B_estmom )_ 1 SY 2,196 $ . ---8 ,784 .00
-~.:..-·r.!3emova!_~tf~~S!!O_O!!!_Buil qj_n_g ___ ···-··-· __ ·-___ --~? -1_1_j · __ 7,0.Q0.00_ } ____ _7,000.00
4.:. _ .!!_rigati Qll..R_e~nfigura.ti o.!} ____ ___ _ L$ _1_ $ ___ 2,000 ,00 $ _ 2,000 .00
5. _ Unclassified Excavation (C.I.P .) _ _____ . _ CY _60 _l_ -· 15.:..00_
1
_ ~--·--~Q0 .00
6. Cleanng and Grubbing (Restroom Ramps and Pad) ·--~-~-~~-LS . 1 I $ 600 .00 I $ 60Q .OO
7. !_9.9ncret~~~'!.ing([')(Re~t_room.!3J1f!). sa.nd _ _P~d) ____ -··· -1__ SY _ 4.Q3
1
_$__ 42 .00 $ 16 ,926 .00
a._-J ~et!!)ning_'Nallsa.~~~trpom_R.a._n:!P~(~)a:_x 257 Jf) ··-. ----____ g_y_ ----·-25001 +1 $$ -37350 .. oooo T $$ -196 .,012005 ._oooo
____ 9. __ l cQ!lq~!l.f'~ving (9")il3 ~f:!ab a @_~_gi sturbed t>y.1estrpq l!l i_nstaJI) ____ . _ _.§)' _ 1
10 . Restroom Building (10-Unit P!efab) __________ -·------'.; + : _ -}: ,,: ~::::· 1 ~~. -'~~-:.:_:~~-
j 1 '--~gl}t!!)g __ ----------·-·-----·· 1·----·--1-------r
_ !2..:..... J ReconnectElectricalService ___ ----------_______ LS 1 _____ 1 . $ 2 ,500 .00 1 $
13 . Reconnect Water and Sewer _ hL __ l. 1 l $ 3 ,000 .00 $ 3 __ .000.Q_O _
14. Blue rassSod _ ---~-----~~--20 ~--0 .75
4
,-~$---150.~;
15. j ~oil Pre-:~ation all sodded areas .. J SF 1 200 \ $ 0 .10 ! $ 20.00
/ SUBTOTAL ESTIMATE FOR PHASE 2 CONSTRUCTION t I / $ 227 ,005.00
17 . !Mobilization 5% J LS I 1 J $ 11 ,350.25 / $ 11.350 .25
18 . ,.f:'er_mits (.!_%L _ ---------· .. I _ -~: _ . i _ 1 ; _! _ .?.P.9.:.0.?_ I !_ _ _ gpo.o~
__ 1~_,_ 1?_o/o_Cc,_ntlnge_!1cy ~;TAL E~;l;~TE ;O~ ~~A~E~ON;;;~~~J -___ T ____ 1 ; $ 34,050 .75 '. :-
2
!!:::!
COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
October 15 , 2007 11 a i IGA for Art Shuttle Cost Sharing
Initiated By: Staff Source:
Community Development Department Harold J. Stitt, Community Development Manager
PREVIOUS COUNCIL ACTION
Council approved by Ordinance 50 , Series of 2004, an Intergov ernmental Agreement (IGA)
between the City and the Regional Transportation District (RTD) for funding of the Englewood
Circulator Shuttle for 2004-2007. Council approved by Motion, in August, 2004 a contract for
transit services with Laidlaw Transit Services and subsequentl y extended this contract by Resolution
No. 8 7, Series of 2005 and Resolution No. 77, Series of 2006 .
RECOMMENDED ACTION
Staff rec ommends Coun ci l ad o pt a Bill fo r an Ordin ance authorizin g an Intergov ernm ental
A gree m ent b etvvee n th e Ci ty of En glewood and th e Reg io n al Tr ansportati on Di stri ct (RTD ) fo r cos t
sharin g for o peration of th e art shuttl e throu gh th e end of 2007.
BACKGROUND AND ANALYSIS
Thi s IGA c ontinues the op eration of the art shuttle through the end o f 200 7. Under this agreement
th e shuttle w ill prov id e th e sam e le v el of serv ic e operatin g M o nday through Frida y, 6:3 0 AM t o
6 :30 PM . Shuttle fre qu ency w as changed from ev ery t en minutes to ev ery fifteen minutes to reflect
ac tu al operati o ns as indi ca t ed in Exhibit A of the IGA. RTD w ill reimburse the City 100% of all net
o p erat i ng cos ts as se t fo rth in Ex hibit B of th e IGA. N et o p erating ex p ens es ex clud e administrat ive
cos t s, m ark etin g and p ro m o ti o nal mat erial s cos t. As w ith pri o r agreem ent th e Ci ty will al so p rov id e
fuel to eli minat e state and fe d era l gaso lin e t axes , re du cing f uel cos t s by ap p roximate ly $.SO/ga ll on.
The City will reimburse RTD an amount equal to the local fares that would have been collected had
the shuttle operated as a fare service rather that free service. The amount of the compensation was
determined through a survey of riders conducted in March 2007. The survey results indicated the
number of riders that did not ha ve a bus pass or transfer and would be subject to the standard ,
reduced senior or student fare . For the ba lance of 2007 t he lost fare eq uals $22,402 .
FINAN CIAL IMPACT
Fo th e balance of 2007, RTD will reimburse the City for art shuttle expenses totaling $85 ,362 and
th it , ill reimburse RTD $22 ,402 for los t fares . Th e reimbursement to RTD will come from the
_ 07 C mmunity Dev lop m ent Department budget.
ATTACHMENTS
Bill for an Ordinance
ORDINANCE NO.
SERIES OF 2007
II,.;
BY AUTHORITY
COUNCIL BILL NO. 67
INTRODUCED BY COUNCIL
MEMBER~~~~~-
ABILLFOR
AN ORDINANCE AUTHORIZING THE INTERGOVERNMENTAL AGREEMENT ENTITLED
~'AGREEMENT RTD & CITY OF ENGLEWOOD COST SHARING FOR THE ART'' BETWEEN
THE REGIONAL TRANSPORTATION DISTRICT (RTD) AND THE CITY OF ENGLEWOOD,
COLORADO.
WHEREAS, the Englewood City Council approved an Intergovernmental Agreement between
RTD and the City of Englewood for funding of the Englewood Circulator Shuttle for 2004-2007 by
the passage of Ordinance No. 50, Series of 2004; and
WHEREAS , the City of Englewood designed the Englewood Shuttle to provide circulator shuttle
service in the general area of the Englewood City Center, downtown Englewood and the
Swedish/Craig Medical Center; and
WHEREAS , this service provides mobility and access to the commercial areas in and around the
vicinity of the Englewood City Center light rail station, downtown Englewood and the Swedish/Craig
Medical Center; and
WHEREAS, RTD provides bus service to and through the Englewood City Center area and the
area in and around downtown Englewood and the Swedish/Craig Medical Complex; and
WHEREAS, RTD and the City of Englewood agree that these services will complement each
other and provide attractive and effective transit service for people working and shopping in the area
surrounding the Englewood City Center; and
WHEREAS, the City Council of the City of Englewood, Colorado approved application to the
Denver Regional Council of Governments (DRCOG) Congestion Mitigation Air Quality Funds for
operation of a Circulator Shuttle in November 2002; and
WHEREAS , in November 2003 the DRCOG and the RTD approved the 2004 CMAQ and STP-
Metro funds to be transferred from the Federal Highway Administration to the Federal Transit
Administration for use by RTD as specified in the DRCOG 2003-2008 Transportation hnprovement
Program; and
WHEREAS , the passage of this proposed Ordinance will provide the same level of service from
September 10 , 2007 through December 31 , 2007;
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 IGA
entitled "Agreement RTD & City of Englewood Cost Sharina For The Art" between the Regional
Transportation District (RTD} and the City of Englewood. Colorado, as attached hereto as Exhibit A.
Section 2. The Mayor Pro Tern and City Clerk are authorized to execute and attest said
Intergovernmental Agreement for and on behalf of the City of Englewood.
Introduced, read in full, and passed on first reading on the I 5th day of October, 2007.
Published as a Bill for an Ordinance on the 19th day of October, 2007.
James K. Woodward, Mayor Pro Tern
AITEST:
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 15th day of October. 2007 .
Loucrishia A. Ellis
~~------------
COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
October 15, 200 7 11 a i IGA for Art Shuttle Cost Sharing
Initiated By: Staff Source:
Community Development Department Harold J. Stitt, Community Development Manager
PREVIOUS COUNCIL ACTION
Council approved by Ordinance 50, Series of 2004, an Intergovernmental Agreement (IGA)
between the City and the Regional Transportation District (RTD) for funding of the Englewood
Circulator Shuttle for 2004-2007. Council approved by Motion, in August, 2004 a contract for
transit services with Laidlaw Transit Services and subsequently extended this contract by Resolution
No. 87, Series of 2005 and Resolution No. 77, Series of 2006.
RECOMMENDED ACTION
Staff recommends Council adopt a Bill for an Ordinance authorizing an Intergove rnmental
Agreement between the City of Engle wood and the Regional Transportation District (RTD} for cost
sharing for operation of the art shuttle through the end of 2007.
BACKGROUND AND ANALYSIS
This IGA continues the operation of the art shuttle through the end of 2007. Under this agreement
the shuttle will prov ide the same level of service operating Monday through Friday, 6:30 AM to
6:30 PM. Shuttle frequency was changed from every ten minutes to every fifteen minutes to reflect
actual operations as indicated in Exhibit A of the IGA. RTD will reimburse the City 100% of all net
ope rating costs as set forth in Exhibit B of the IGA. Net operating expenses exclude administrative
cos t s, marketing and promotional m aterials cos t. As w ith prior agreement the City will also provi de
fuel to eliminate state and federal gasoline taxes , reducing fuel costs by approximately $.SO /gallon.
The City wi ll reimburse RTD an amount equal to the local fares that would ha ve been collected had
the shuttle operated as a fare service rather that free service . The amount of the compensation was
determined through a survey of riders conducted in March 2007. The survey results indicated the
number of riders that did not ha ve a bus pass or transfer and wo uld be subject to the standard,
reduced senior or student fare . For the balance of 2007 the lost fare equals $22,402.
FINANCIAL IMPACT
For the balance of 2007, RTD wi ll reimburse th e City for art shuttle expenses totaling $85,362 and
th e City will reimburse RTD $22,402 for lost fares . The reimbursement to RTD will come from the
2007 Community Development Department budget.
ATIACHMENTS
Bill for an Ordinance
ORDINANCE NO .
SERIES OF 2007
!I,.;
BY AUTHORITY
COUNCIL BILL NO. 67
INTRODUCED BY COUNCIL
MEMBER ------
ABILLFOR
AN ORDINANCE AUTHORIZING THE INTERGOVERNMENTAL AGREEMENT ENTITLED
"AGREEMENT RTD & CITY OF ENGLEWOOD COST SHARING FOR THE ART'' BETWEEN
THE REGIONAL TRANSPORTATION DISTRICT (RTD) AND THE CITY OF ENGLEWOOD,
COLORADO.
WHEREAS, the Englewood City Council approved an Intergovernmental Agreement between
RTD and the City of Englewood for funding of the Englewood Circulator Shuttle for 2004 -2007 by
the passage of Ordinance No . 50, Series of 2004; and
WHEREAS , the City of Englewood designed the Englewood Shuttle to provide circulator shuttle
service in the general area of the Englewood City Center, downtown Englewood and the
Swedish/Craig Medical Center; and
WHEREAS , this service provides mobility and access to the commercial areas in and around the
v icinity of the Englewood City Center light rail station, downtown Englewood and the Swedish/Craig
Medical Center; and
WHEREAS , RTD provides bus service to and through the Englewood City Center area and the
area in and around downtown Englewood and the Swedish/Craig Medical Complex; and
WHEREAS, RTD and the City of Englewood agree that these services will complement each
other and provide attractive and effective transit service for people working and shopping in the area
surrounding the Englewood City Center; and
WHEREAS , the City Council of the City of Englewood, Colorado approved application to the
Denver Regional Council of Governments (DRCOG) Congestion Mitigation Air Quality Funds for
operation of a Circulator Shuttle in November 2002 ; and
WHEREAS , in November 2003 the DRCOG and the RTD approved the 2004 CMAQ and STP-
Metro funds to be transferred from the Federal Highway Administration to the Federal Transit
Administration for use by RTD as specified in the DRCOG 2003-2008 Transportation Improvement
Program ; and
WHEREAS , the passage of this proposed Ordinance will provide the same level of service from
September 10 , 2007 through December 31 , 2007;
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 IGA
entitled "Agreement RTD & City of Englewood Cost Sharing For The Art" between the Regional
Transportation District (RTD) and the City of Englewood, Colorado, as attached hereto as Exhibit A.
Section 2. The Mayor Pro Tern and City Clerk are authorized to execute and attest said
Intergovernmental Agreement for and on behalf of the City of Englewood.
Introduced, read in full , and passed on first reading on the 15th day of October, 2007 .
Published as a Bill for an Ordinance on the 19th day of October, 2007.
James K. Woodward, Mayor Pro Tern
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 15th day of October, 2007.
Loucrishia A. Ellis
------~ .......... __ _
AGREEMENT
RTD & CITY OF ENGLEWOOD COST SHARING FOR THE ART
This Agreement is made this day of , 2007, between the fl9 i ona 1
Transportation District, a political subdivision of the state of Colorado organized pursua ~to the
Regional Transportation District Act, C.R.S. 32-9-101, et. Seq., (hereafter "RTD"), and ie City
of Englewood, Colorado, a Colorado home rule city (hereafter "the City").
RECITALS
1. The City has funded and operated circulator bus service (the "art") within the En1 evvood
area since September 2004. This service provides mobility and access from the Enlevvood
Civic Center to Swedish Medical Center and Craig Hospital along Englewood Par1<1ay and
Old Hampden Avenue.
2. RTD also provides light rail and bus service in this area of Englewood. RTD andthe City
agree that these services are complementary to providing attractive and effect iia transit
service for people working and living in this area of Englewood.
3 . It is in the interest of the parties to ensure the continuation of the art shuttle th~gh joi 11 t
funding by the City and RTD as set forth herein.
Now, Therefore, in consideration of the promises and obligations set forth herein, 11e parties
agree as follows:
CONDITIONS
1 . The City shall continue to manage and operate the art shuttle.
2 . Designated RTD and City representatives shall implement this Agreement and report
progress to the respective boards . City and RTD staff will confer on maik.eting and
service development and regularly exchange relevant information. Changes proposed to
the art service will be coordinated with, and addressed as part of the routine RTD
service change process .
3. art route, service hours and frequency of service currently are as shown on fx hibit A.
4. The term of this Agreement shall begin on September 10, 2007 and shall expire on
December 31, 2007. The parties may thereafter, by written agreement, renew the
agreement for successive period of one year each. Nothing herein obligates RTD or the
City to make funds available for or to renew this Agreement in any future fiscal year.
5. The City and its Agent(s) shall develop and implement art marketing and Promotional
materials and activities at their sole cost. RTD staff will review and comment upon
proposed marketing strategies and materials. RTD shall include current art brochures
and promotional materials at appropriate information/customer service centers.
Specifications for marketing material shall be approved by the RTP to ensure
• X
H
I a
I
T
A
compatibility with RTD disp lay capability. The RTD customer serv ice telephone
information center will provide up -to -date art service and schedule information.
6. The City shall maintain all art s igns and sign posts .
7. The City shall be responsible for all additional costs on service hours that exceed
regularly scheduled service hours as shown in Exhibit B if authorized by the C ity.
Additional service hours would include operating the art shuttle for City special events
and holidays at the City 's authorization .
City recognizes that RTD has a standard fare structure that is appl ied to all services that
RTD operates or participates in funding. RTD recognizes that the C ity does not currently
charge passengers for the art shuttle. The City chooses to continue to operate the art as
a fare-free service. The RTD in cooperation with the City performed a survey in March
2007 that determined the average fare that would have been collected had the art
utilized the RTD Denver local fare. For the first year of operation, this number has been
established at $72,311, prorated at $22,402 for the term of this agreement.
Nothing in this agreement shall prevent the City from collecting contributions or fees
from entities within the city, such as special improvement districts or local foundations,
to help defray the cost of the art services borne by the City. RTD shall not be party to
the assessment or collection of such special fees or contributions and shall not receive
any direct allocation of or credit for such special fees or contributions collected by the
City .
8. The City, as in their management role, will continue to provide fuel for the art shuttle.
Fuel expenses will be itemized on all invoices for reimbursement.
9 . RTD shall pay to the City as funding for the operation of the art services, an amount
equal to 100% of the net cost of operating the art service ("Net Cost"). Net Cost shall
be defined as art operating cost , including fuel, less estimated farebox revenue. See
Exhibit B for cost breakdown . art operating costs will not include any City
administrative costs.
10. City shall invoice RTD for 100% of the Net Cost of service on a monthly basis,
providing a summary, as agreed, of expenses, passenger boardings, service hours and
mileage . The City will deduct $5600.50 per month as anticipated fare revenue on a
monthly basis. RTD shall pay all approved invoices within thirty days of receipt. If
RTD does not approve an invoice from the City, a written explanation of disputed items
will be sent within 10 days of RTD 's receipt of the City invoice.
11. Cit y will maintain full and complete financial records for the operation of the art including
information on the number of passenger boardings provided on the art . The City shall
make these records available to RTD for audit. National Transit Database ("NTD ") data
sha ll be kept in accordance with FTA requirements and shall be reported as part of RTD 's
NTD submission.
12. art performance will be assessed during the contract term to determine if performance
expectations have been met and to determine if consideration of a future cost sharing
Agreement is warranted. Performan ce will be evaluated in terms of passengers per
revenue hour of service and subsidy per passenger. If it appears that service
performance will not warrant continuation, RTD and the City will confer on changes to
bring it into conformance . The parties will work toward renewal of this Agreement
through September 30, 2009 . If RTD chooses not to renew for failure to meet service
standards it shall notify the C ity by April 1, 2009 that it does not intend to renew th is
Agreement for the following year. If this Agreement is terminated due to lack of funding
by either party in the next year's budget cycle it shall notify the other party on or before
December 1 and serv ice will be terminated effect ive January 1.
13. Without waiving the privileges and immunities conferred by the Colorado Governmental
Immunity Act, Section 24-10-101 et seq., C.R.S ., each party shall be responsible for any
claims , demands or suits arising out of its own negligence. It is specifically understood
and agreed that nothing contained in this paragraph or elsewhere in this Agreement shall
be construed as an expressed or implied waiver by any party of its governmental
immunity or the governmental acceptance by any party of liabilities arising as a result of
actions which lie in tort or could lie in tort in excess of the liabilit ies allowable under the
Colorado Governmental Immun ity Act, C .R.S. § 24-10-101 et seq.
14. Nothing in this Agreement shall be construed to limit RTD's r ight to establish routes or
services or perform any functions authorized by C.R.S . § 32-9-101 , et . seq .
15 . No Third Party Benef iciaries. There shall be no th ird-party beneficiaries of th is
Agreement.
16 . Financial Obligations Subject To Appropriations . This Agreement does not contain any
multiple-fiscal year f inancial obligations by either party that extend beyond its current
fiscal year . The financial obligations of each party under this Agreement shall be subject
to and limited by the appropriation of sufficient funds therefore by its governing body .
Funds for this agreement have been budgeted, authorized and appropriated by the RTD
Board of Directors for the 2007 fiscal year. RTD shall contribute funding to the City to
support the total ope ration, including all expenses for t r ansportation and fuel costs, of
the art in an amount not t o exceed $85 ,362 i n 2007. Nothing herein obl igates RTD to
budget , auth orize or appropriate funds for any fu t ure f iscal year .
1 7. Th e pa rties ag re e that, t o t h e exte nt permitted b y law , all of t h e op era tin g costs of t he
art and revenues, if applicable, of the art shall be treated by RTD as its "operating
costs" and its "revenues collected" for purposes of compliance with Section 32-9 -
119. 7 .C.R.S.
18. Independent Contractors. The City and RTD are not partners or joint venturers as a
result of this Agreement. Their relationship shall be that of independent contractors.
1 9 . Authority . The City and RTD represent or warrant to each other that they have all
necessary authority to enter into this Agreement and to perform their obligations
hereunder and that this Agreement does not conflict with any other agreement that each
party is subject or to which it may be bound.
20 . No Assignment . Except as otherwise provided in this Agreement, neither party may
assign the Agreement and /or any of its rights and obligations hereunder without the
written consent of the other party .
21. Written Amendments. This Agreement may be mod ified or amended only by a wri t ten
document duly executed by both parties .
22 . Notices. Correspondence regarding this Agreement should be sent to :
For the City:
City of Englewood
Community Development Department
1000 Englewood Parkway
Englewood, Colorado 80110
Attn: Harold Stitt
303.762.2341
For the RTD
Regional Transportation District
1 600 Blake Street
Denver, Colorado 80202
Attn: Bruce Abel
303.299.2839
23 . Entire Agreement. The terms and prov1s1ons of this Agreement, and its exhibits,
represent the entire understanding of the parties with respect to the subject matter of
this Agreement, and merge, incorporate and supersede all prior communications between
the City and RTD concerning that subject . No representations or warranties are made by
the City or RTD except as herein set forth .
WHEREFORE, the parties have entered into this Agreement as of the date first set forth above.
REGIONAL TRANSPORTATION DISTRICT
By: -------------
Clarence W. Marsella
General Manager
Regional Transportation District
Approved as to legal form:
Regional Transportation District
Marla L. Lien
General Counsel
CITY OF ENGLEWOOD
By : --------------
James K. Woodward
Mayor Pro Tern
City of Englewood
ATTEST:
Loucrishia A. Ellis
City Clerk
Span of Service :
Weekday-
Saturday-
Sunday-
Holidays -
Service Frequency:
Weekday
Saturday-
Sunday-
Holidays-
Annual Revenue Hours:
Weekday-
Saturday-
Sunday-
Holidays-
Total
Exhibit A
art Service Description
6:30 AM -6 :30 PM
No service provided
No service provided
No service provided
every 1 5 minutes
Not Applicable
Not Applicable
Not Applicable
6,120
Not Appl icable
Not Applicable
Not Applicable
6,120
--------=== ...... =--------
Exhibit B
Summary of Anticipated Operating Costs and Revenues
Expense-September 2007 -December 2007
art operating hours expense -
1 ,896 hours @ 37 .56 per hour
art fuel expenses
Total Expense
Revenue-September 2007 -December 2007
Passenger fares based on March 2007
survey
Total Revenue
$ 71 ,214
$ 14 148
$ 85,362
$ 22,402
$ 22,402
;
_____________ ...
COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
October 15 , 2007 11 a ii Joint Defense Agreement with Aurora and
Northern Colorado Water Conservancy District
Initiated By: Staff Source:
Utilities Department Stewart H . Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None.
RECOMMENDED ACTION
The Englewood Water and Sewer Board, at th ei r October 9, 2007 meeting, recommended Council
adopt a Bill for an Ordinance approving the Joint Defense Confidentiality Agreement for the
FRICO /United litigation .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Englewood's wa ter rights attorney, Da vid Hill of Berg Hill Greenland and Ruscitti , submitted a Jo int
Defense and Confidentiality Agreement to allow Mr. Hill to wo rk with the City of Aurora and the
Northern Colorado Water Conservancy District (NCWC D ) on the FRICO /United litigation . Th is
agreement wo uld allow Englewood, Aurora and the NCWCD to exchange information and share
costs and strategy during the FRICO litigation. With this agreement Englewood does not
comprom ise its water rights in any manner. The agreemen t grants permission for the parties to
work together for this specific liti ga tion on ly.
The FRICO liti ga tion is a series of cases being fil ed by FRICO , East Cherry Creek Valle y, Henry lyn
and Burlington Ditch and Reservoir and is the largest request in the history of Colorado for water
ri ghts c hang es on th e South Platte Ri ve r. The FRICO participants ha ve submitted applications trying
to change water rights from agric ultural t o municipal use, alter augme ntati on plans and change
poin ts of di ersio n.
Denver and FRICO have a 1999 agreement that all ows D enve r to di ve rt out of priority, which
wo uld injure Englewood's wa t er rights . Den ve r and FR ICO's agreement affects the Burlington ca ll ,
w hi c h m eans D enve r co uld di ve rt o ut of priority. Dow nstream res ervo irs wo uld fi ll slowe r, affecting
Eng lewood's Mclellan ri ghts.
Englewood has pre viously hired Da vi d Hill fo r th e FRICO litigati on t o represe nt Englewood rights
and ensure th at histori al pa tt erns of di versions are protected. Since th e FRICO liti gation is
requ tin g t o hang a grea t amo unt of wa t r rights, En glewood wan ts to insur that th e litigation is
lawful and in a ordan e with past decree .
FINANANCIAL IMPACT
None.
LIST OF ATTACHMENTS
Bill for an Ordinance
ORDINANCE NO.
SERIES OF 2007
BY AUTHORITY
ABil..LFOR
COUNCil.. Bll.L NO. 66
INTRODUCED BY COUNCIL
MEMBER ------
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT
ENTITLED "JOINT DEFENSE AND CONFIDENTIALITY AGREEMENT"
BETWEEN THE CITY OF AURORA, COLORADO; THE NORTHERN COLORADO
WATER CONSERVANCY AND THE CITY OF ENGLEWOOD, COLORADO,
PERTAINING TO A JOINT DEFENSE FOR THE FRICO/UNITED LITIGATION.
11,·1 i
WHEREAS , the FRICO litigation is a series of cases being filed by FRICO, East
Cherry Creek Valley, Henrylyn and Burlington Ditch and Reservoir and is the largest
request in the history of Colorado for water rights changes on the South Platte River; and
WHEREAS , the FRICO participants have submitted applications trying to change
water rights from agricultural to municipal use , alter augmentation plans and change
points of diversion; and
WHEREAS , Denver and FRICO have a 1999 agreement which allows Denver to
divert out of priority, which would injure Englewood 's water rights and affect
Englewood's McLellan rights; and
WHEREAS , the passage of this proposed Ordinance will allow Englewood 's Water
Rights Attorney to work with the City of Aurora and the Northern Colorado Water
Conservancy District (NCWCD) on the FRICO/United litigation in the exchange of
information and to share costs and strategy during the FRICO litigation; and
WHEREAS , the FRICO litigation could change a great number of water rights , and
Englewood wants to insure that historical patterns of di version are protected in
accordance with past decrees ;
NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS :
Section 1. The Intergov ernmental Agreement for "Joint Defense And Confidentiality
Agreement" is hereby accepted and approved by the Englewood City Council and
is attached hereto as "Exhibit A".
Section 2 . The Director of Utilities is autho rized to sign said Agreement for and on
behalf of the City of Englewood .
Introduced, read in full , and passed on first reading on the 15 1h day of October, 2007 .
-1-
Published as a Bill for an Ordinance on the 19th day of October, 2007 .
James K. Woodward, Mayor Pro Tern
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 15th day of October, 2007.
Loucrishia A. Ellis
-2-
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l1 11 R-20-06 NON oa:24 Al1 NCWCD-HQ FA:~ NO. B?O 5:32 084?
1'l1ls Joint Defenso Agreement ("Agreement") &·~1:s fonb tb.1~ 1,'ltlcicrr:a,1din9; c,f thr,
City of Engl.,wood ('1Eoglewood 1'), the City of .Aurorl (11 Aurom"), 11m ( t 1e. mirthe~r ,
C~lorado Water Co11110IVa11cy Distriot ("Northern"} and their m:pi::ctivo co111is1:I .
(collectiycly the "l>utlcs") in coMoction with Wi:t1,1: Court Cue ?fo1:. 02CWl0S,
03CW129; 04CW174; 02CW39G, OJCWKS, 03CW218, 03,CW442, 04CW08S;
04CWJSt ;; 04CW362; and,,04CWJ65 tWilter Matf:ers 1).
Imt!~U'IES' COMMON INTEREST lN 'Jl'EQHIJWJ~J~Ut.J:l~i'a .G~S~i
The P11raes 1nay make av•llable to e11cb other privileged illl\:,nutfon ,. tio,:h
verbally ar1tl In writing, including notes, documents, mernora11d11, ~J 1d resaLr(,b
(''Comn10t1 lotorfllit Materials"), relating to the rcr.pe-cilvc rC{n:86\entn.ticm c:f Pe.r~ie:1 In
co11necllo11 with the Water Matters. The Comm<>n Jnt,:.rcat l\fateri1J11 mu .y relle,:t 111.d
incmpora1c c.onCidentiat communiclltlons made by th~ l 1artie11 to thub «: 'lit ;el , llnd t~,
their coumeJ to thein, o.nd are protected by the attorm:y/cllont 11riv~,1~· lh:irt, dfa ,:lo:11:ro,,
and 1hercforl'! are int-ended to be in1ulati:d from ~'«':POJi\tre be~1ond tho :1,1t:"ine:1 oi: ·ib:
Prir~cs (the "Common Interest Privllege"). See t?.g. M'atl'er of Grund .!&1r_;1 s,..~poMa
Du('~¥ Tecllltl, dat,:,J N<>vomber 16, 191', 406 F.Supp . J:U (S.D.'N.Y. 197!i). In ad1ntk,11,
thu Conur.,on Interest Materials are protected from disck1111re ai1 a rc,o;3ult of fbe 1iti:ontel'
wa1·k~pro<luci doctrine or other applicable privileges. Se-e c,,e', 1himn1.rr.i1· fro ·luctf Co'J'·
'V. Ji._(011~anto ('hem/cal Corp., 26 P.JlD. S?2 (S.D .N .Y. lS 160).
Th~ PL1ilt1s arc making the ColllI'l'lon Interest UatcriaJ:11 ~~ailahl1! lo each olhff
bccau"6 the Partiee intend to coopcnte to reduoo ex:pensm1, i:mpr<1vc eff1r.i1:nd ;;1, 1111:reme
communiottlons, and l'educo tho likelihood of potential Habilitks cf tho ;:'.utiea and 11n_y
oth,it part)· who may, in the future,, becomo Jnvolvud in the W11ter Mattern. '9eeausc, cf'
the privile.1e.<l 11at\\re of the Common lnterest MateriAlt, those, 1:nateriaJ!s 1vl1 , be sba1oj
among the Parties with the oxpreas understRndins tbat tlJe 1 'P.ut.le111JL&JI not <:(:1nm::i11ic11H
the contents tllereofto others, bec:au11e tho exchange:, of C:c1m:111on Intemtt; l1fot,.rial:s is t el
made for tile l'utpose of allowing unlhnited public:a.tion ,,r use, b11t In i:c1·11ide:s,ce, fol" ti):
lilnited and restricted purpose of assisting the Parties in ad .vancing tlle Water Matti9n tr• ,l
suocossful .,oncluslon.
Tht· P:1rtics understand tbat tho purpose ofth:is Au.,.eemen1 · is tc, fh i::l ·:1:n ccqmnr>u
int,1rt1~t revrei;entation by increuing the informati.on flciw betwc,in the J.lff:dcs . 1'h1,
P011ies reclle;r1i1.e1 however, that under some circumst11r1c:e.•, it11hmia·tlon \m Ml ti> o :m
l'arly miy 11ot he shared with the other Parties to the Agu:e.m,:nt .
No·tbine: in this Agreement is ioteudod 11, sbllll ,::on.stitutc\ o, .shail be. ii:lterpreted,
<:onNlrucd c,r u~e:d as evidence ofan admiHicm by IP~· ofany ·i,,11mtidr:~11r. :iab ~lf.ty er.·
fault (lncl\1ding comparative or propo1tlonatc fault), a '1Y'li,1er i:.f' &.n)' Jlr ld[c JI!, dolrn ,
tight or defense, estoppel, or am admiaclon as to any tnatter of la .w or fa;t. eithel' :u
bi,twuon lhe P~rtics or with respect to any J1cr1on or e111Jty· Mt• par:y to t:.:H. :.grrcmcrit
provided, ho\l.""er, that any Party shall he entitled ta use this .~.greement 1.0 ~n:e iu
tenns.
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Mi~R-20-06 MO!\ 08: 21 fll1 NCWCD-HQ FAX NO. !l?O 5:32 1)9!1?
If any person or entity not a part to this Agreement rci;iu<:st& or ilernam111.. by
s~bpoonA or CltherwJse, 11ny Common Tmcrcst Materials from any l'a.rtr Jr frurn an:v
Pnrty's agonl, employee, con11ult1nt, or representative, ruch Pt.:1y s1111I: {1) im·m1di.a1:1:t:y
notify the otl!er PartieA, nnd (2) ~sert the Common lntcre11t Privilege 'lif;\:,1 MS.pfit.t 11:, the,
requeAtec.1 Clllnmon lntert:!M Materials. F.ach Party ond ench J>arty".1 :m p ~c ·tive 1;c1un:1t:I
shell 1akc llll step11 ncccs~uy to LS&ert all applicable riubts and pri~l"U"~ with r,,spc1;t t-:>
~'Ur.h Common Interest Mate!ialc and shull ~reratc 1ully with tlte othit· :e .U'tius in an:v
judicilll proceedinris related to the disclosure of the Common Int .m,st Maude !s.
Tl1e intent of this Asrccmcnt is to prei1orve :iny pr:.\'ilege a:;·~111 .:ablc to the
CQmmon Int ·tte.$t Mirterial,i while , purttuing the Pmties' ·common int11rorr: m ·I to keep aJJ
(1.ommon &.r:erest Materials confidential to the 1naxi1nun1 elttettl 11lfow ~cl by luw . A
Pi,ty's disc:kls:ure of Common TntcrcRt Materials c,cch1u1gf1d t>L111u1111t t.c, thh Anreeni.,m!.
shall not ua deemed a waiver by the other Parties c,f their light fl) ll!IIIHt a clairrt 1>f the
Con1mon Interest Privilege and •ttomc,y/client or worki":;,roduct privilegii wi .:b. r1~spe1:t t ,:,
any Common Intere&.t Matorials .
This: Agreement shall be binding upon each Party e,•en :18:rJ' the Vl:i '1e ,· Matt,rn an,
dcdcled or r,,11olved, whether by nettlemc:nt, judgment, dismissal, ,or 01 J1:sr w:st1 u to tl1s.t
·res'Peetivc1 Party,
This Agreement, its terms, the fact ofitt e,tecuti<m and Ill d.i1:cm1 .:or I uorme th,e
Ptuties, their ettomeys, offloct'S., diroct.ors, agents, c,:,n:n.ilta1nts,. 1-e1w:,1,~r !ati,1(11, aaif
employ'ees with nigard to the Agreement, are themselve, sub~ecl: ti> ·tb11 ati:omey/clh:n.t
ancl ~rk -p nduet i1rivileges, and each Party agrcr.1 that the C:>:n1mon Int,:t .,st l~1ivi l.cr,,:
and any pri'lilegc lhalt be a111eitcd ia. ro,ponsc to 1my rubpocnE1 N rnq .1e~t fc1r th1!
production of the Agreement or in respon9c to any lnqI1lry as to its tem1s, t }ic f.1c;t or its
· · execution, or discussions relating to it.
This Agreetncnt confirms a verbal agrcemc:r.,t pm,ious1y rna ,:.t .. ?r.1 ',otwuen th,~
. · ~,utlss. Al( pri,vlous privileged communlcationu, 1 ·111J all Cot1U110,n Interut Materials
prcvioust:, occhanged. betweM. tho Parties and their r,:spe,:1i\·e e::tmi:1e /s, oftke:s,
dirnctors, 11g.ints, eD1ployecs, consuhants, and rcpr.:seritatlves, .1n. ~ub.;e.:t co th!;
Agr~me1\t.
Neither the t,,eeeutio71 no1· the perfomwice of this Aar,emei."t 1foll ''t~lt in th.,,
inability cf MY party to this Agreement tCl use any data o:>nl:ributed by it 1•:-lt, cft'brt, ft:JY
raw rlata ueMrat e<I under this Agreement, or any expe1t cplnlon which Im : hem d:inclc:s:,I
to <1thcr p.utlos in this or other litigation, in other 01110.iJli, or su:b~.uen1 I :::1 !:f ~on.
A11y :?arty m1y withdraw ftom this Agreement by givi1111 writtt:n :1:1t'ice tc , e'l"=ry
other Puty c,f its election to withdraw .
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11AR-20-06 MON 08: 25 Al1 NOWCD-HQ FAJ{ NO. !l70 5:~2 G8llc.
Any· Party that withdraws from thi; Agre~:111.ent, tctgetl:er wilh n.1ch Pa:rty'f.
re.c;Jl~tive co1tinsel, remains subject to all cc,nfidentialic,-prc,vlslons h1:rdu as ·!her pertain
to infomution then .. 1oforo received, but not u to subsequ,,11t inii:.rmatiou ..
In tho ovent a Party reaches a settlement wlth ApplicMts in tb11 W,1ter M111:tm:
(The "Sett:ling Pllrty"), the remaining Parties to this Agrnement rnny c11111by or 1:c1t11:ir11w
Lo 11m~loy the Settling Party's engineering experts arid: utitir.c ttic:ir pre,1i1 :m:t,., develr.rpo d
analyses c,nd xepc,rts which were developed ln co~ju11c~iot1 with the: Wt~:r Mt:tte:ra 1:.11d
exch:1i1g~c1 p11rsuant lo this Agreement.
.MIEELLANEQJ.Li .
Hnclt l>iufy understands 1111d acknowledges that it fa repr1:$~,1t :[.tl Jn.\J' by iti:
attc,mey, in this maltt,r, that while ati attcu~y rep1-esendng any othex P lill'lJI hs 1. di:rt:, tc,
presi:n1e the confidences disclosed to him or her ~,i;.rsuant to thi~ An1 ,!ffl1e11t, fw
attc,rneys ·epresentlng any other Party will be acting 01\ly &11 at~:rnt:y! ti:or thtt otl,e:r Purty
anp will owe a. duty of loyalty to their respeetive client only . '.Ru:h P·.u·:.11 will p11:, for tlm
services uf its respective attorneys, b\1t nothing herdn slu .11 vdd 11 :1y scli1:eq~.crr:
agrcoment bet~oen tho Parties, if any, to lndem.ni.fy a.11y c1thm: Pert11 lb: ~lt1:lJ1'Jirs' fe:i:
and c.o'sts or nl*e in such feea and costs.
Ellclt Party understands tbat the Parties may 110w or in tho folmc hav,1 ti:1D10
advon,e ir.teic:tts and tll&t the sharing of some conficlencc1 pix:rw;m1: lo thii A.sr1:t.n-lettt
may lead tq potential confllots of interest of the v1uious atto1rie:rs ir1. tl '.c, 'bt111:e,. T:m
Parties de, riot intend that the eicchaoge of Common Interest Ma ·1erlal~ t·, the tbturn
disqualinca~on of their rcspccti~ atto~a and aurcc ,:hat thc:y will m,t rr..ov,c hr
ciisqualifkatio,, of attorney, In the Water Matters or any other ~u,11 °:111 a.c . .ouut c,ft:1c1
exchange of Common 'Interest Mtt'erials pursua11t to thi11 A.i'1Ct:JT1ent Rlld wdvt1 t11y
. cor.lfl(cu , ris:ng from the sharing of such confidenc;es .
C~ilcin.do law shall control the interpretation ~~,I enforc11mc,nt cf ll {s Al·:rcem,·~llt.
Thi$ Agre.cmcnt may be: enforced in the District C:owt for Water :Dj;vi:1i1m ( 1c.e, in '\li 'ekl
C~lunty, Colorado by a temporary restraining order and h1ju1\Cti.oa i11 t::bc c11 eo ofa brr.ai:h
or mticip1tory breach. The parties accept Jurlsdictlo11 and \lonue In th t l ·X>l'Dt . JI.JI)'
modificatio1l to this Agreement shall be in writiag und si11;1ted by all P,utits ,
This AJ&rcement shall be binding upon the St11x.cssm·s and a:1si ,grn o '.' lhu Pru:tiw
8l_ld their re!lp~tive couns~l.
'Nothing in thls A,crooment sb&ll be deemed to cr,!G.te 11,ar1nersl1lp, jdnt vent:iise,
and/c,r pr incipal and n&ent relationship between t~e Parti(111 and/or 111 ,l'ir ri!1pe:e:fa,
counsel .
ne he1Uii ng1 contained ln this Agreement a.re for convonlnncie <>l'm:''em1c e only
and uo nc1t i11t.ended to limit the scope or affect the intclf'.p;rct1tk1n oftl1i1 ),t1C 'it1Cllf:.
If Any pruvlsion of thi1 Agreement is deemed b1valid 1)1' uruir.Jo :ee:1ble, tlm
bal:uic:e of th~ Agreement shall remain in full force 111cl '"fec::t,
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MA~-20-06 MOK 08: 2 5 /ll1 NCWCD-HQ FA~ NO, 070 5:32 t:':.iJ; P. 0!5
nais Agreement conatitutea the entJre cun·eut u11d,:rstt.1idi ·ng c,f ·11,e Pacti.c,; 1.11tl
their respective counsel with respect to its subject malter and eupe:r11t:d ·i,s 11y 11n,vic,1J:;
oral or writton agreements relating to the subject m11.ttet of tJds .Agree111e1:11..
'fht f'wtiea ackaowledgc that thill Agrc~ect is the mntlt of.ic ifft 1euoti1tio:rn
amo~ tl1c : Pmlcs, and agree that this A,greement sh11ll not be c0Mtn1ierl or inte,'Pn ti!il
apinst 1117 .Party on the grounds of solo or primary autfa ,)rship.
E11ch person signing thia Agreement represents ,incl wt:tra1rts t".31.<: ric 1 or sbe IU11
been dul~· authorued to enter into this Agrceme11t by the entrty ,on wr.i,s.e bct,alf jt iEI
iudiea.ted 1 hat the J)Ct'IOl'l Ii, signing.
Th is ,\grcemont may be executed in c:ountc:rpar1s ca .ch of which ::hnl. lie dei!1i 14~c1
an origins.:·,
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I ' PARTIES :
Dated :_ .. __ . __
nm CITY OF ENHLBWO(ll)
By: ______________ ---··-·-·~--
SttWll!t H Fonda
Its: Directcir of'Utilitiu l)tp111 n ·ent
Tim CllY~,~:RA . ,,~ .
B rz ~:'.f i:.,(~ y-.7~-;7~------/( ______ _
Jtt: ~!di!L2..Ll~!:!.t... -·--------·-· -·-
NORTHE.RN COLOlUDCI WA'\"H!I.
CONSBl'lVANCY DISTIUC f
Dy: L~i~J~J;.~?:~~.-: _____ _
Its: ,:;;..1~~t.e'.Ml~_.t!1.d!: ~~ i£P ... ___ ·---·-__ _
\ ,-... /} .-~~#'
DavdG.aill --·---··-·----·----·----
Bera Hin Grt~Jctf & liluaci.tti J:.J P
MAR-20-06 MON oa:23 AM NCWCD-HQ
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DateJ: __ ..-r __ --~---
: ?ill~'fl710l.l
FAX NO. 970 5:32 1;9 4:,
1712 Pearl. Strc,:t
Boulde!', C:O 803 02
(303) 402-1600
S~lal Wa1:er Counsel fur Cily o·:
:..-· ) \
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Eaglewood __ 1::;:::,,•
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410 Sevcnttlffltlt Sireet, 22rwl Ffoor
Denver, CO 80W2
(303) 223-1100
Attomey, f(,r tbe Cr.y of Aurnr.i.
ettRale-y
Doug Since
1120 Lincoln Sll'eef; Suite: l 611 0
Deaver, CO 80203-2141
(303) 861-1963
Al.tomeys fbrthc Ncirther:11 C.1ilc,r .;.do Wa.tlll'
Conservancy Di.strict
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ORDINANCE NO.
SERIES OF 2007
BY AUTHORITY
COUNCIL BILL NO . 51
INTRODUCED BY COUNCIL
MEMBER WOODWARD
AN ORDINANCE APPROVING THE REZONING OF LOTS 5 THROUGH 16 , BLOCK 4 ,
lllGGINS SOUTH BROADWAY HEIGHTS WlilCH IS LOCATED IN THE 3500 BLOCK OF
SOUTH CLARKSON STREET FROM MU-R-3-B: MIXED-USE RESIDENTIAL/LIMITED
omcE-RETAIL DISTRICT TO MU-B-2 : GENERAL ARTERIAL BUSINESS ZONE
DISTRICT.
WHEREAS , Craig Hospital submitted a Base Rezoning Request in order to rezone a parcel of
land, .93 acres in area, from MU-R-3-B: Mixed-Use Residential/Limited Office-Retail District to
MU-B-2: General Arterial Business Zone District; and
WHEREAS, the subject parcel is composed of four (4) adjoining properties that each contained a
single-unit residence until therr purchase by Craig Hospital in 2004 ; and
WHEREAS , the adjoining vacant property to the north, which is also owned by Craig Hospital, is
zoned MU-B-2: General Arterial Business Zone District and is part of the East Hampden Avenue
commercial corridor; and
WHEREAS , the rezoning creates opportunities for redevelopment of the entire site; and
WHEREAS, the base rezoning is consistent with both the City 's Comprehensive Plan and the
Small Area Plan; and
WHEREAS, the Englewood Planning and Zoning Commission held a Public Hearing August 7,
2007, re viewed and recommended the rezoning of this property to the Englewood City Council;
NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS :
Sectio n l . The City Council of th e City of Englewood, Colorado find s that :
A. There has been a material change in the character of the neighborhood such that this rezoning
will be in the public interest and will be consistent with the change; and
B . This rezoning will not have a significant negative imp act on surround ing pro pert ies and will
not harm the general p ub lic hea lth, safety and welfare o f the community.
Sec tion 2 . The rezoning of Lots 5 -16, Block 4, Higgins South Broadway H eights; also known
by treet addresses of 35:0, 3530, 3546 and 3556 South Clarkson Street, to MU-B-2 : General
Arterial Bu ines Zone District, Englewood, Colorado is hereby ap proved by the En glewood City
Council.
introduced , read in full , and pas ed on fir treading on the 4"' day of September, 2007 .
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Published as a Bill for an Ordinance on the 7th day of September, 2007.
A Public Hearing was held on the 1 st day of October, 2007 .
Read by title and passed on final reading on the 15th day of October, 2007.
Published by title as Ordinance No. , Series of 2007, on the 19th day of October, 2007.
James K. Woodward, Mayor Pro Tern
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
ORDINANCE NO.
SERIES OF 2007
BY AUTHORITY
COUNCIL BILL NO . 56
INTRODUCED BY COUNCIL
MEMBER TOMASSO
AN ORDINANCE AUTHORIZING THE PURCHASE AND LEASE BACK OF
FARMLAND LOCATED 25 MU.ES EAST OF BYERS, COWRADO TO BE USED
AS A LONG-TERM, BENEFICIAL USE, APPLICATION SITE FOR BIOSOLIDS
PRODUCED BY LITILETON/ENGLEWOOD WASTEWATER TREATMENT
PLANT .
WHEREAS , in 1995 /96 the Englewood City Council approved the purchase of 6 ,400
acres of farmland approximately 25 miles east of Byers, Colorado to be used as a long-term,
beneficial use, application site for biosolids produced by the Littleton/Englewood
Wastewater Treatment Plant ; and
WHEREAS , in November of 2006, the Littleton/Englewood Wastewater Treatment Plant
was contacted regarding the Plant 's interest in purchasing 1,270 acres of dryland farm
property adjacent to our currently owned property; and
WHEREAS , this purchase will provide additional acreage for the beneficial use of the
wastewater biosolids thus extending our application site life , based on regulatory limitations ;
and
WHEREAS , the proposal was discussed with the Littleton/Englewood Wastewater
Treatment Plant Supervisory Committee and approval was given to proceed with securing an
option purchase agreement on the property subject to approval of Englewood and Littleton
City Councils ; and
WHEREAS , funds for the purchase price of $550,000, although not a budgeted
expenditure for 2007 , are available in the respective Cities ' sewer funds , with the cost shared
50/50 by the Cities of Englewood and Littleton; therefore Englewood 's share will be
$275 ,000 of the total purchase price; and
WHEREAS , the propert y will be leased back to the current owner for a period of 5 years ;
NOW, THEREFORE, BE IT ORDAINED BY T HE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS :
Sec tion 1. Th e City Council of the City of E n glewood , Colorado h ereb y approves the
purchase and lease b ack of 1,270 acres of propert y fo r $5 50,000; the cost of which is to be
shared with the City of Litt leton wi th the City of Englewood 's share being $275 ,000.
-1-
11 b II
Section 2. The Mayor and City Clerk are authorized to sign and attest all agreements
in connection with the purchase and lease for and on behalf of the City of Englewood.
Introduced, read in full, and passed on first reading on the 1st day of October, 2007.
Published as a Bill for an Ordinance on the 5th day of October, 2007.
Read by title and passed on final reading on the 15th day of October, 2007.
Published by title as Ordinance No._, Series of 2007, on the 19th day of October,
2007.
James K. Woodward, Mayor Pro Tern
ATIEST:
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-
ORDINANCE NO.
SERIES OF 2007 --
BY AUTHORITY
COUNCIL BILL NO. 57
INTRODUCED BY COUNCIL
MEMBER TOMASSO
AN ORDINANCE FIXING THE TAX LEVY 1N MILLS UPON EACH DOLLAR OF THE
ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN TIIE CITY OF
ENGLEWOOD, COLORADO.
WHEREAS, it is the duty of the City Council of the City of Englewood, Colorado, under the
Englewood Home Rule Charter and Colorado Revised Statutes , to make the annual property levy
for City purposes ; and
WHEREAS, the City Council has duly considered the estimated valuation of all the taxable
property within the City and the needs of the City and of each of said levies and has determined
that the levies as hereinafter set forth , are proper and wise; and
WHEREAS, the following levies are permitted under Article X , Section 20 of the Colorado
Constitution without a vote by the citizens;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
E NGLEWOOD, C OLORADO, AS FOLLOWS :
Section 1. That there be and hereby is levied for the year of 2007 , due and payable as required
by statute in the year 2008 , a tax of 5.880 mills on the dollar for the General Fund of the City of
Englewood, Colorado, and 2.293 mills on the dollar for the Community Center Debt Service Fund
of the City of Englewood, Colorado.
That the levy hereinabove set forth shall be lev ied upon each dollar of the assessed valuation of
all taxable property within the corporate limits of the City of Englewood, Colorado, and the said
levy shall be certified by law.
Introduced, read in full , and passed on first reading on the I st day of October, 2007.
Published as a Bill for an O rdinance on the 5th day of October, 2007 .
Read by title and passed on final reading on the 15th day of October, 2007.
Published by title as Ordinance No._, Series of 2007, on the 19th day of October, 2007.
ATTEST: James K. Woodward, Mayor Pro Tern
Loucrishia A. Ellis, City Clerk
11 b iii
0
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
(
BY AUTHORITY
ORDINANCE NO.
SERIES OF 2007
COUNCIL BILL NO. 58
INTRODUCED BY COUNCIL
MEMBER TOMASSO
AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD,
COLORADO, FOR THE FISCAL YEAR 2008 .
WHEREAS , pursuant to the provisions o f Part I, Article X , of the Charter of the City of
Englewood, Colorado , a budget for the fiscal year 2008 was duly submitted by the City Manager to
the City Council before September 15 , 2007 ; and
WHEREAS , a public hearing on said budget was held by the City Council within three weeks
after its submission at the meeting of the City Council on September 17 , 2007 . Regular notice of
the time and place of said hearing was published within seven days after submission of the budget
in the manner provided in the Charter for the publication of an ordinance; and
WHEREAS , the City Council of the City of Englewood has studied and discussed the budget on
numerous occasions ; and
WHEREAS , it is the intent of the Cit y C ounc il to adopt the 200 8 budget as now submitted .
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY O F
ENGLEWOOD , COLORADO, AS FOLLOWS :
Section 1. That the budget of the City of Englewood, C olorado, for the fi scal year 2008 , as
submitted by the City Manager and duly considered by the City Council a ft ... public hearing, be
and hereby is adopted a s the budget for the Ci ty o f Englewood for the fiscal year 2008 .
Section 2. GENERAL FUND
Total Fund Balanc e , January 1, 200 8
Sales/Use Tax
Property and Specific Ownership Tax
Franchise/Occupation/Cigarette Tax
License/Permits
Intergovernmental Revenue
Charges for Services
Cultural & Recreation
Fines & Forfeitures
Interest
Miscellaneous
2008 BUDGET
$ 5,3 43 ,18 3
R evenues
22 ,000,000
3,215,993
2,833,948
575 ,425
1,094,573
2 ,938,128
2,2 66 ,998
1,519,500
355,500
277,385
11 b iv
I
I
' ---···
'
.
Total Revenues $ 37 ,077 ,450
Other Financing Sources 1.973,789
Total Sources of Funds $ 39 ,051 ,239
Expenditures
Legislation 351 ,513 i
City Attorney's Office 76 2,280
Municipal Court 982 ,006 i
City Manager's Office 679 ,806
Human Resources 570,474 I
Finance and Administrative Services 1,724 ,429 i
Information Technology 1,289 ,131 I
Public Works 5,241 ,300 I
Safety Services 17 ,396 ,224
Community Development 1,576 ,862 I
Library Services 1,294,640
Parks and Recreation Services 5,713 ,430
Contingencies 100 ,000
Debt Service 1,811,456 I
Total Uses of Funds $ 39,493 ,551
Total Fund Balance, December 31 , 200 8 $ 4,900 ,871
Section 3 . SPECIAL REVENUE FUNDS
Conservation Trust Fund
Fund Balance, January 1, 2008 $ 365 ,065
Revenues $ 325 ,000
Expenditures $ 401 ,500
Fund Balance, December 31 , 2008 $ 288 ,565
Commercial Revol ving Loan Fund
Fund Balance, January 1, 2008 $ 88,154
Revenues $ -0-
Expenditures $ 88,154
Fund Balance, December 31 , 2008 $ -0-
Communit:x'. Development Fund
Fund Balance, J anuary 1, 2008 $ -0-
Revenu es $ 290,000
Expend itures $ 290,000
Fund Ba lance, Decemb er 31, 2008 $ -0-
-
"'
Donors Fund
Fund Balance, January 1, 2008 $ 251 ,558
Revenues $ 89 ,100
Expenditures $ 97 ,845
Fund Balance, December 31, 2008 $ 242,813
Malley Center Trust Fund
Fund Balance, January 1, 2008 $ 239 ,246
Revenues $ 23 ,100
Expenditures $ 50,070
Fund Balance, December 31, 2008 $ 212 ,276
Parks and Recreation Trust Fund
Fund Balance, January 1, 2008 $ 415 ,981
Revenues $ 13 ,500
Expenditures $ 29 ,738
Fund Balance, December 31 , 2008 $ 399,743
Open Space Fund
Fund Balance, January 1, 2008 $ 207 ,276
Revenues $ 675 ,000
Expenditures $ 878 ,955
Fund Balance, December 31 , 2008 $ 3,321
Section 4. DEBT SERVICE FUNDS
General Obligation Bond Fund
Fund Balance, January 1, 2008 $ 55 ,905
Revenues $ 1,110,000
Expenditures $ 1,11 2,635
F und Bal ance, Decemb er 3 1, 200 8 $ 53,2 70
Section 5 . CAP IT AL PROJECT FUNDS
Public Improvement Fund
Fund Balance, January 1, 2008 $ 3,884,689
Revenues $ 4,143,957
Expenditures and Transfers $ 4,271.824
Fund Balance, December 31, 2008 $ 3,756,822
'
Capital Projects Fund
Fund Balance, January 1, 2008 $ 465 ,517
Revenues and Transfers In $ 531 ,535
Expenditures $ 847 ,052
Fund Balance, December 31 , 2008 $ 150,000
Section 6 ENTERPRISE FUNDS
Water Fund
Fund Balance, January l , 2008 $ 3,842 ,827
Revenues $ 7,979 ,014
Expenditures $ 8,617,038
Fund Balance, December 31, 2008 $ 3,204,803
Sewer Fund
Fund Balance, January 1, 2008 $ 11 ,750 ,760
Revenues $ 12 ,937,272
Expenditures $ 16 ,406 ,179
Fund Balance, December 31 , 2008 $ 8,281 ,853
Storm Drainage Fund
Fund Balance, January 1, 2008 $ 681 ,558
Revenues $ 348 ,265
Expenditures $ 370,527
Fund Balance, December 31 , 2008 $ 659 ,296
Golf Course Fund
Fund Balance, January 1, 2008 $ 287 ,375
Revenues $ 1,976 ,667
Ex penditures $ 1,970 ,162
Fund Balance, December 3 1, 200 8 $ 293,880
Concrete Utility Fund
Fund Balance, January 1, 2008 $ 405 ,960
Revenues $ 621 ,200
Ex p end it ures $ 692 ,836
Fund Balance, December 31 , 2008 $ 334,324
Housing R ehabilitation Fund
Fund Balance, January 1, 2008 $ 1,594,271
Revenues $ 1,324,500
Expenditures $ 1,744,500
Fund Balance , December 31 , 2008 $ 1,174,271
..
~
(
Section 7. INTERNAL SERVICE FUNDS
Servicenter Fund
Fund Balance, January 1, 2008 $ 348 ,098
Revenues $ 1,876 ,787
Expenditures $ 2,081 ,861
Fund Balance, December 31 , 2008 $ 143 ,024
Cagital Eguigment R~lacement Fund
Fund Balance, January l , 2008 $ 608,600
Revenues $ 765 ,633
Expenditures $ 1,104 ,870
Fund Balance, December 31, 2008 $ 269 ,423
Risk Management Fund
Fund Balance, January 1, 2008 $ 485 ,474
Revenues $ 1,329 ,164
Expenditures $ 1,266 ,802
Fund Balance, December 31 , 2008 $ 547,836
Emgloyee Benefits Fund
Fund Balance, January 1, 2008 $ 487,909
Revenues $ 5,021 ,477
Expenditures $ 5,019,072
Fund Balance, December 31 , 2008 $ 490,314
Central Services Fund
Fund Balance, January 1, 2007 $ 233 ,958
Revenues $ 342 ,000
E xpenditures $ 441 ,711
Fund Balance , D ec em ber 3 1, 200 8 $ 124 ,2 47
Section 8 . That the said budget shall be a public record in the office of the City Clerk and shall
be open to public inspection . Sufficient copies thereof shall be made availa b le for the use of the
City Council and the public , the number of copies to be determined by the City Manager.
Introduced , read in full , and p assed on first read ing on the 1st day of Octo ber, 2007 .
-
Published as a Bill for an Ordinance on the 5th day of October, 2007.
Read by title and passed on final reading on the 15th day of October, 2007.
Published by title as Ordinance No. , Series of 2007, on the 19th day of October, 2007.
James K . Woodward, Mayor Pro Tern
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 '
,
(_
ORDINANCE NO.
SERIES OF 2007
BY AUTHORITY
COUNCIL BILL NO. 59
INTRODUCED BY COUNCIL
MEMBER TOMASSO
AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN THE
CITY OF ENGLEWOOD, COLORADO, FOR TIIE FISCAL YEAR BEGINNING JANUARY 1,
2008, AND ENDING DECEMBER 31 , 2008, CONSTITUTING WHAT IS TERMED THE
ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR 2008.
WHEREAS, City Council and staff held a 2008 budget and goal setting meeting on May 19,
2007;and
WHEREAS, a public hearing on the Proposed 2008 Budget was held September 17 , 2007; and
WHEREAS, the operating budgets and Multiple Year Capital Plan for all City departments and
funds were reviewed at a budget retreat held on September 22, 2007; and
WHEREAS, the Charter of the City of Englewood requires the City Council to adopt bills for
ordinances adopting the Budget and Appropriation Ordinance no later than thirty days prior to the
first day of the next fiscal year.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section l. That there be and there hereby is appropriated from the revenue derived from
taxation in the City of Englewood, Colorado, from collection of license fees and from all other
sources of revenue including available fund balances during the year beginning January l, 2008,
and ending December 31, 2008, the amounts hereinafter set forth for the object and purpose
specified and set opposite thereto , specifically as follows :
Legislation
City Attorney's Office
Municipal Court
City Manager's Office
Human Resources
Finance and Administrative Services
Information Technology
Public Works
Safety Services
Community Development
Library Services
Parks and Recreation Services
Contingencies
Debt Service -Civic Center
GENERAL FUND
$ 351,513
762,280
982,006
679,806
570,474
1,724,429
1,28 9,131
5,241,300
17,396 ,22 4
1,576,8 62
1,294 ,640
5,713,430
100,000
1,578,000
11 b V
Debt Service -Other
Total General Fund $
GENERAL OBLIGATION BOND FUND
Total General Obligation Bond Fund $
CONSERVATION TRUST FUND
Total Conservation Trust Fund $
COMMERCIAL REVOLVING LOAN FUND
Total Conunercial Revolving Loan Fund $
COMMUNITY DEVELOPMENT FUND
Total Conununity Development Fund $
DONORSFUND
Total Donors Fund $
MALLEY CENTER TRUST FUND
Total Malley Center Trust Fund $
PARKS AND RECREATION TRUST FUND
Total Parks and Recreation Trust Fund $
OPEN SPACE FUND
Total O p en Space Fund $
PUBLIC IMP ROVEMENT FUND
Total Pub lic Improvement F und $
233,456
39,493 ,551
1,112 ,635
401 ,500
88 ,154
290 ,000
97 ,845
50 ,070
29,738
878 ,955
4 ,271 ,824
..
,,
CAPITAL PROJECTS FUND
Total Capital Projects Fund $
WATER FUND
Total Water Fund $
SEWER FUND
Total Sewer Fund $
STORM DRAINAGE FUND
Total Storm Drainage Fund $
GOLF COURSE FUND
Total Golf Course Fund $
CONCRETE UTILITY FUND
Total Concrete Utility Fund $
HOUSING REHABILITATION FUND
Total Housing Rehabilitation Fund $
SERVICENTER FUND
Total ServiCenter Fund $
CAP IT AL EQUIPMENT REPLACEMENT FUND
Total Capital Equipment Replacement Fund $
Total Central Services Fund
Total Risk Management Fund
CENTRAL SERVICES FUND
$
RISK MANAGEMENT FUND
$
847,052
8,617,038
16 ,406,179
370 ,527
1,970,162
692 ,836
1,744,500
2,081,861
1,104,870
441,711
1,266,802
Total Employee Benefits Fund
EMPLOYEE BENEFITS FUND
$ 5,019,072
Section 2. The foregoing appropriations shall be considered to be appropriations to groups
within a program or department within the fund indicated but shall not be construed to be
appropriated to line items within any groups , even though such line items may be set forth as the
adopted budget for the fiscal year 2008.
Section 3. All monies in the hands of the Director of Finance and Administrative Services, or to
come into the Director's hands for the fiscal year 2008 , may be applied on the outstanding claims
now due or to become due in the said fiscal year of 2008 .
Section 4. All unappropriated monies that may come into the hands of the Director of Finance
and Administrative Services during the year 2008, may be so distributed among the respective
funds herein as the City Council may deem best under such control as is provided by law.
Section 5 . During or at the close of the fiscal year of 2007, any surplus money in any of the
respective funds, after all claims for 2007 against the same have been paid, may be distributed to
any other fund or funds at the discretion of the City Council.
Introduced, read in full , and passed on first reading on the 151 day of October, 2007.
Published as a Bill for an Ordinance on the 5th day of October 2007 .
Read by title and passed on final reading on the 15th day of October, 2007.
Published by title as Ordinance No . _, Series of 2007 , on the 19th day of October, 2007 .
James K. Woodward, Mayor Pro Tern
ATTE ST:
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk of th e City of Englewood, Co lorad o, hereb y cert ify that the
above and foreg oing is a tru e copy of the O rdinance p assed on final read ing and publi shed by
title as O rd inance No. _, Series of 2007.
Loucrishia A. Ellis
'
(
(
BY AUTHORITY
ORDINANCE NO.
SERIES OF 2007
COUNCIL BILL NO. 60
INTRODUCED BY COUNCIL
MEMBER TOMASSO
AN ORDINANCE ADOPTING THE BUDGET FOR THE LITTLETON/
ENGLEWOOD WASTEWATER TREATMENT PLANT FOR THE FISCAL
YEAR2008.
WHEREAS, pursuant to the provisions of an agreement between the City of Littleton,
Colorado, and the City of Englewood, Colorado, a budget for the fiscal year 2008 was duly
approved by the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee on
August 15, 2007 and submitted to the City Council ; and
WHEREAS, a public hearing on said budget was held by the City Council within three weeks
after its submission at the meeting of City Council on September 17 , 2007 , regular notice of the
time and place of said hearing having been published within seven days after the submission of the
budget in the manner provided in the Charter for the publication of an ordinance; and
WHEREAS , the City Council of the City of Englewood, as the administering authority for the
Littleton/Englewood Wastewater Treatment Plant, has studied the budget on numerous occasions ;
and
WHEREAS, it is the intent of the City Council to adopt the 2008 budget for the
Littleton/Englewood Wastewater Treatment Plant as now submitted .
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS :
Section 1. That the budget of the Littleton/Englewood Wastewater Treatment Plant for the
fiscal year 2008 , as submitted by the Littleton/Englewood Wastewater Treatment Plant Supervisory
Committee and duly considered by the City Council after public hearing, is hereby adopted as the
budget for the Littleton/Englewood Wastewater Treatment Plant for the fiscal year 2008 , as
fo llo ws:
Littleton/Englewo od Wa ste water Treatm ent Plan t
Fund Balance -January 1, 2008
R evenu es
Expend itures
Fund Ba lance -Decemb er 31 , 2008
$ 115 ,674
28 ,947,141
28 ,94 7,141
115 ,674
...
11 b vi
Section 2. That the said budget as accepted shall be a public record in the Office of the City
Clerk and shall be open to public inspection. Sufficient copies thereof shall be made available for
the use of the City Council and the public , the number of copies to be determined by the City
Manager.
Introduced, read in full, and passed on first reading on the 1st day of October, 2007 .
Published as a Bill for an Ordinance on the 5th day of October, 2007 .
Read by title and passed on final reading on the 15th day of October, 2007.
Published by title as Ordinance No. _, Series of 2007, on the 19th day of October, 2007.
James K . Woodward, Mayor Pro Tern
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
"
(
ORDINANCE NO .
SERIES OF 2007
BY AUTHORITY
COUNCIL BILL NO . 61
INTRODUCED BY COUNCIL
MEMBER TOMASSO
AN ORDINANCE APPROPRIATING MONIES FOR THE LITTLETON/
ENGLEWOOD WASTEWATER TREATMENT PLANT PURPOSES IN THE FISCAL YEAR
BEGINNING JANUARY 1, 2008, AND ENDING DECEMBER 31, 2008, CONSTITUTING
WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR 2008.
WHEREAS , the Cities of Englewood and Littleton entered into a contract to build, maintain,
and operate a joint Wastewater Treatment Plant facility ; and
WHEREAS, the operations, including budget matters , of this joint facility are overseen by the
Supervisory Committee; and
WHEREAS , the City of Englewood operates the Littleton/Englewood Wastewater Treatment
Plant under the control of the Supervisory Committee ; and
WHEREAS , the Littleton/Englewood Wastewater Treatment Plant has its own fund for
operations and maintenance; and
WHEREAS , the Supervisory Committee approved the follo wing as the 2008 budget at the
August 15 , 2007 meeting.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
11 b vii
Section 1. That pursuant to the Littleton/Englewood Wastewater Treatment Plant agreement ,
there be and hereby is appropriated from the revenue derived from operation of the
Littleton/Englewood Wastewater Treatment Plant in the City of Englewood, Colorado, and from all
other sources of revenue in the Littleton/Englewood Wastewater Treatment Plant Fund including
available fund balance d urin g the year beginning January 1, 2008 , and ending D ecember 3 1, 2008 ,
the amounts hereinafter set fort h for the object and purpose specified as fo llows:
Total L ittleton/Englewood Wastewater Treatment Plant Fund $ 2 8,947 ,141
Introduced, read in full , and passed on first reading on the I si day of October, 2007 .
Published as a Bill for an Ordinance on the 5111 day of October, 2007 .
Read by title and passed on final reading on the 15th day of October, 2007 .
Published by title as Ordinance No. _, Series of 2007 , on the l 9lll day of October, 2007.
James K. Woodward , Mayor Pro Tern
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
Loucrishia A. Ellis
COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
October 15 , 2007 11 Ci A Resolution Creating a Long Term Asset Reserve
(LT AR) in the General Fund
Initiated By: Staff Source:
Department of Finance and Administrati ve Services Frank G ryg lewicz, Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
City Council discussed this issue at the Budget Retreat held September 22 , 20 07. Council gave staff
direction to proceed with this Resolution.
RECOMMENDED ACTION
Staff recommends C ity Council approve the attached Resolution.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
City Council discussed and determined that funds from the sale , lease , or earnings from long-term
assets should be used in a careful , judicious and strategic manner; for this reason, these funds w ill
be reserved in an account known as the Long Term Asset Reserve (LT AR). The funds restricted in
this account can only be expended if the funds are appropriated in the annual budget or by
supplemental appropriation .
Upon formation of this reserve , the remaining funds from the Golf Course lease (ne t of the "bridge
funds " being transferred to the General Fund in 2008) will be transferred and restricted to the LT AR .
In addition, an y funds generated from the Mclellan Reservoir property and transferred from the
Engle wood Mclellan Reser voir Foundation (EMRF ) to the City must be restri cted to this account as
well before any subse quent ap propri ation by City Council.
It is envisio ned th at proceeds received from other, similar long-term assets in the future will be
subject t o the same restriction t o th e LA TR.
FINANCIAL IMPACT
Thi s ac ti on w ill move the f unds from th e Golf Course Lease curren tl y in th e Public Improvement
Fund t o the Genera l Fund LT AR ; th e net effect of th e action wi ll be zero.
LIST OF ATTACHMENTS
Re lution
(
RESOLUTION NO.
SERIES OF 2007
A RESOLUTION CREATING A LONG TERM ASSET RESERVE FUND (LTAR)
WHEREAS , the City Council of the City of Englewood , Colorado has determined that funds
from the sale, lease, or earnings from long-term assets should be used in a careful , judicious and
strategic manner; and
WHEREAS, these funds will be reserved in an account known as the Long Term Asset
Reserve Fund (LT AR); and
WHEREAS , the funds in this restricted account can only be expended if the funds are
appropriated in the annual budget or by supplemental appropriation;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section I. The City Council of the City of Englewood , Colorado hereby authorizes the
creation ofa Long Term Asset Reserve Fund (LATR). The LATR Fund shall be created from
funds from the sale, lease, or earnings from long-term assets should be used in a careful, judicious
and strategic manner and reserved in an account known as the Long Term Asset Reserve Fund
(LT AR). The funds in this restricted account can only be expended if the funds are appropriated
in the annual budget or by supplemental appropriation
ADOPTED AND APPROVED this 15th day of October, 2007 .
AITEST:
James K . Woodward, Mayor Pro Tern
Loucrishia A . Ellis, City Clerk
I, Loucrishia A. Ellis , City Clerk for the City of Englewood, Colorado , hereby cert ify the
above is a true copy of R esolutio n No. __ , Series of 2007.
Loucrishia A. Ellis, City Clerk
0
COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
October 15, 2007 11 C ii A Resolution Transferring the Remaining Proceeds
from the Golf Course Lease to the Reserv e
Initiated By: Staff Source:
Department of Finance and Administrati ve Services Frank Gryglewicz, Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
City Council discussed this issue at the Budget Retreat held September 22, 2007. Council gave staff
direction to proceed with this Resolution. City Council created the Long Term Asset Reserve
(LT AR) by resolution.
RECOMMENDED ACTION
Staff recommends City Council approve the attached Resolution.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
City Council discussed and determined that funds from the sale, lease, or earnings from long-term
assets should be used in a careful, judicious and strategic manner; for this reason , these funds wi ll
be reserve d in an account known as the Long Term Asset Reserve (LT AR). The funds restricted in
this account can only be expended if the funds are appropriated in the annual budget or by
supplemental appropriation.
The remaining funds from the Golf Course lease (ne t of the "b ridge funds" being transferred to th e
General Fund in 2008) are being transferred and restricted to the LT AR.
The following illustrates the transfer and restriction of funds :
PUBLIC IMPROVEMENT FUND
SOURCE OF FUNDS:
Fund Balance
USE OF FUNDS:
Transfer Out to General Fund
$1 ,986,000
$1 ,986,000
GENERAL FUND
SOURCE OF FUNDS:
Transfer In From the Public Improv ement Fund
USE OF FUNDS:
Long Term Asset Reserve
FINANCIAL IMPACT
$1 ,986,000
$1 ,986,000
This action will mov e the funds from the Golf Course Lease currently in the Public Improv ement
Fund to the General Fund LT AR; the net effect of the action w ill be zero.
LIST OF ATTACHMENTS
Resolution
~---""""""""'"-_"-'""' _______ ....... ___ _
RESOLUTION NO.
SERIES OF 2007
}/~ii
A RESOLUTION TRANSFERRING FUNDS FROM THE GOLF COURSE LEASE TO THE
LONG TERM ASSET RESERVE FUND (LTAR).
WHEREAS, the City Council of the City of Englewood, Colorado has detennined that funds
from the sale, lease, or earnings from long-term a ssets should be used in a careful, judicious and
strategic manner and reserved in an account known as the Long Term Asset Reserve (LT AR);
and
WHEREAS, the funds in this restricted account can only be expended if the funds are,,,;
specifically appropriated in the annual budget or by supplemental appropriation; anf lJP ~l·"~ WHEREAS , the remaining funds from the Golf Course lease (net of the "bridge funds " .b&iRg '?/)
t~es to the C ee1Rtl ~wag iR :200~ will be transferred to the LT AR re'ltricted fund; and / //
WHEREAS , any funds generated from the McLellan Reservoir property and transferred from
the Englewood McLellan Reservoir Foundation (EMRF) to the City will be restricted to this
account until subsequent appropriation by City Council;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS :
Section 1. The Budg et fo r the C it y of Englewood, Colorado, is hereby amended for the y ear
ending 2007, as follows :
PUBLIC IMPROVEMENT FUND
SOURCE OF FUNDS:
Fund Balance
USE OF FUNDS:
Transfer Out to G e n era l Fund
GENERAL FUND
S O URCE O F FUND S:
Transfer in from the Public Improv ement Fund
U SE OF FUNDS:
Long Term Asset R eserve
$1 ,986,000
$1,9 86 ,000
$1 ,986,000
$1 ,986,000
Request
Date: _____ Requested by: _________ _
Request for: D Information D Service
Address: __________________ _
(Problem location/address if applicable)
Request: __________________ _
$I ·>" 11.·,"
. -
FOR STAFF USE
Request Number ------
Date ltecelved ------Date Comp!Nd ______ _
Aulgnedto _________________ _
_____ ......... ....;;;;.=='°""'"=----.
Date: _____ Requested by: _________ _
Request for: D Information D Service
Address: __________________ _
(Problem location/address if applicable)
Request: __________________ _
$/.) /\://,","
Continue on back or on separate page if necessary .
FOR STAFF USE
Request Number ---'----"--
Date Received------Date Completed-------
Assigned to------------------
~--------------
COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
October 15, 2007 11 C iii A Resolution Appropriating Funds in the Donor's
Fund for Children 's Services (Library)
Initiated By: Staff Source:
Department of Finance and Administrative Services Frank Gryglewicz, Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
City Council discussed this issue at the Budget Retreat held September 22, 2007. Council gave staff
direction to proceed with this Resolution.
RECOMMENDED ACTION
Staff recommends the City Council approv e the attached Resolution.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The funds being transferred w ere originall y collected to offset the cost of operating the bookmobile.
The bookmobile w as sold to Douglas County so the funds cannot be expended for the purpose
they were collected .
DONORS FUND
SOURCE OF FUNDS :
Fund Balan c e $7,086 .84
USE OF FUNDS:
Library : Children 's Services $7,086.84
No other alternatives were considered.
FINANCIAL IMPACT
This action will expend all of the funds accum ulated the Donors Fund for t he bookmobile. The
funds wi ll be used for library purchases related to children's services. If these funds are not
co mpletel y expended in 2007 a supplemental appropriat ion w ill be drafted for Council
co nsideration in 2008 .
LI ST OF ATTAC HM EN TS
R solution
~-----------....... --......_=..._..__... ____ _
RESOLUTION NO.
SERIES OF 2007
/lt.)ii
A RESOLUTION APPROPRIATING THE MONEYS IN THE DONORS FUND TO BE USED
FOR LIBRARY PURCHASES RELATED TO CHILDREN'S SERVICES .
WHEREAS, the City of Englewood is required by City Charter to ensure that expenditures do
not exceed legally adopted appropriations; and
WHEREAS , the City of Englewood Donors Fund accumulated funds for the cost of operating
the bookmobile; and
WHEREAS, the bookmobile was sold to Douglas County so the funds cannot be expended for
the purpose they were collected; and
WHEREAS, the passage of this proposed Resolution will take the funds accumulated in the
Donors Fund for the bookmobile and use them for library purchases related to children's services;
and
WHEREAS , if these funds are not completely expended in 2007 a supplemental appropriation
will be drafted for City Council consideration in 2008 ;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section l. The Budget for the City of Englewood, Colorado, is hereby amended for the year
ending 2007, as follows :
2007 SUPPLEMENTAL APPROPRIATION
DONORS FUND
SOURCE OF FUNDS:
Fund Balance
USE OF FUNDS:
Library: Children· s Services
$ 7,086 .84
$ 7,086.84
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 15th day of October, 2007.
AITEST:
James K. Woodward, Mayor Pro Tern
Lo ucri hia A . Elli , ity Clerk
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
' I
(
COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
October 15, 2007 11 C iv A resolution adopting changes to the City of
Englewood Volunteer Firefighters Pension Plan
Initiated By: Staff Source:
Department of Finance and Administrat ive Services Frank Gryglewicz, Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
City Council discussed this issue at a Study Session held on September 17, 2007. Council gave staff
direction to proceed with this Resolution .
RECOMMENDED ACTION
Staff recommends City Council approv e the attached Resolution .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
This Resolution does not substantiall y change the current level of pension benefits for the volunteer
firefighters. The Plan document mirrors the current benefits as defined in Colorado State Statutes.
The Resolution provides an increased additional death benefit of $500 for retired v olunteer
fi refighters.
No other alternatives w ere c onsidered .
FINANCIAL IMPACT
This action will cost the Volunteer Firefighter Pension Fund an estimated $1,500. The Fund is
currently fully funded .
LIST O F ATTAC HME NTS
Resolution
0
RESOLUl10N NO.
SERIES OF 2007
~ RESOLUl'ION APPROVING AN INCREASE IN DEATH BENEFITS FOR THE
VOLUNTEER FIREFIGHTERS PENSION PLAN.
WHEREAS , the Englewood Firefighters Pension Board has reviewed a proposal to increase
the Death Benefit for the Volunteer Firefighters and recommends approval of an increase to $500
for the Death Benefit for the Englewood Volunteer Firefighters; and
WHEREAS , the passage of this Resolution will increase Volunteer Firefighters Pension Plan
death benefit to $500, to become effective October 16 , 2007; and
WHEREAS, the Plan document mirrors the current benefits as defined in the Colorado State
Statutes;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. The City Council of the City of Englewood hereby approves the increase in Death
Benefit to $500 for retired Volunteer Firefighters effective October 16 , 2007.
ADOPTED AND APPROVED thi s 15th day of October, 2007 .
ATTEST:
James K. Woodward, Mayor Pro Tern
Lou cri shia A. Ell is, City Clerk
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:
October 15, 2007 11 CV Flocculation Sedimentation Basin Access Monorail
and Hoist
Initiated By: Staff Source:
Utilities Department Stewart H . Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None.
RECOMMENDED ACTION
The Englewood Water and Sewer Board, at their October 9, 2007 meeting, recommended City Council
approve, by Motion, awarding the bid for a Flocculation Sedimentation Basin Access Monorail and Hoist
system to CDM Constructors, Inc. in the amount of $61,355 .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The flocculation sedimentation (floe sed) basin is the beginning of the water treatment process removing
solids and organics from the raw wa ter prior to the filtering process . The existing floe sed basin is 2 1 feet
deep without a safe method of accessing the bottom of the chamber for maintenance. Maintenance
involves greasing shafts, cleaning and replacing bushings and sprockets, all w hi c h require transferring parts ,
materials and equipment that can weigh up to 100 pounds. Maintenance is c urrently being done us ing
ladders and ropes, which is difficult because of th e floculator panels located at the bottom of the chamber.
The proposed monorail system with a hoist and baskets would provi de improved access for maintenan ce
o n th e existing fl occ ulation and sedimentation basins and would be ab le to handle at least 500 pounds.
The system will include monorail beam, trolley with 1/i Hp motor, supporting steel baskets and all
appurtenances necessary to comp lete job. The monorail system shall be installed in the flocculation and
sedimentation basin room .
FINANCIAL IMPACT
A bid opening was held on October 11 , 2007. The following responses were re ceive d:
COM Constructors, Inc.
IMI , In c.
$61,355
$66 ,755
OM Engineer has reviewed th e bids and recommends COM Constructors, Inc. as th recommended low,
a ptable bidder at $61 ,355 . The Utilities Departrn nt budgeted $70,000 in the 2007 Budget for this
pr j t.
UST OF ATTACHMENTS
Bid Proposal Tabulation
'
City of Englewood Bid Tabulation Sheet
Bid Opening Date: October 11, 2007 10:00 a.m.
ITEM BID: IFB-07-138 Monorail & Hoist
Bid Addenda Monorail &
Vendor Bond Y/N Hoist
COM Constructors Inc.
Tom 303-298-1311 y y $ 17,700.00
133117th St.
Denver, CO 80202
IMI , Inc.
Bob 303 -791-4455 y y $ 32,695.00
3761 Nolwood Dr.
Littleton, CO 80125
Electro Craft, Inc.
Ken 303-n7-0569 $ -
214 Santa Fe
Denver, CO 80223
KoneCranes (Crane Pro)
Mike 303-286-8262 $ -
1150 S Linan St.
Denver, CO 80223
SCS , Inc.
Shawn 303-431-4429 $ -
4955 Miller St #202
Wheat Ridge, CO 80033
Friedland Construction
Mike 303-793-0263 $ -
823 S Perry St Ste 220
Castlerock, CO 80104
Installation Total Bid Exceptions:
See Bid Document
$ 43,655.00 $ 61,355.00 No exceptions noted
See Bid Document
$ 34,060.00 $ 66,755.00 No exceptions noted
$ -$ -NOBID
$ -$ -NOBID
$ -$ -NOBID
$ -$ -NOBID
IFB-07-138HoistMonorailTAB .xls
~
COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
October 15, 2007 11 C Vi Interceptor Siphon Vault Lid Replacement
Initiated By: Staff Source:
Utilities Department Stewart H . Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None.
RECOMMENDED ACTION
The Englewood Water and Sewer Board, at their October 9, 2007 meeting, recommended Council
approve, by Motion, construction of two Interceptor Siphon Vault Lid Replacements to Walsh
Construction in the amount of $54,000.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Englewood Utilities acquired maintenance of the siphons located at 31 20 South Platte River Drive
East and 1200 West Dartmouth Avenue from Southgate in April of 2007. The inlet and outlet vault
lids that cover the siphon were damaged by wear and are not functioning as designed. The existing
lids are allowing sewer gas to vent to the atmosphere causing odor problems in these areas. The
replacement lids will minimize the release of sewer gases causing odor concerns.
Construction will include excavation and remov al of existing lids and fabrication and installation of
new lids, backfill and site restoration .
FINANCIAL IMPACT
A bid opening was held on October 4, 2007. The following responses were received :
Walsh Construction
T. Lowell Construction
$54,000
$70,000
Tom Brennan, Utilities Engineer, re viewe d the bids and recommends Walsh Construction as the
recommended lo w, acceptable bidder at $54,000. The project will be funded under the 2007
Utilities Misc. Repairs Budget account #41-1605-61263 .
LIST OF ATI'ACHMENTS
Bid Proposal Tabulation
.,..-.
,e
City of Englewood Bid Tabulation Sheet --------------------. Bid Opening Date: October 4, 200710:00 a.m.
.._ __________________ _.
ITEM BID: IFB-07-141 lntarecptor Siphon Vault Lid Replacement
Addendum
Vendor YIN Bid Bond Total Bid Exceptions:
Waa.h Construction See Bid Documents
-.. 120-622-8227 y y s 54,000.00
5121 N St. Louis
Loveland, co 80538
~ Construction
Cart 970-593-1119 s -
l40 E EiHnhower 12
Lov•nd, CO 80537
T Lowell Construction See Bid Documents
Levi 303-411-2330 y y s 70,000.00
3211 S 1-25
Catie Rock. CO 80109
IFB-07-141Vault Lid ReplacementTAB .xls
RJiSOLtJl'ION NO.
SERIES OF 2007
A RESOLUTION APPOINTING _________ TO THE CITY COUNCIL OF
THE CITY OF ENGLEWOOD, COLORADO .
WHEREAS, there is an "at large" vacancy for the Englewood City Council ; and
WHEREAS, Section 28 of the Englewood Home Rule Charter requires the position to be filled
within 30 days; and
WHEREAS , the person filing the vacancy shall serve until the next general municipal election
to be held November 6, 2007 ; and
WHEREAS, the Englewood City Council wishes to appoint _______ for the
remainder of such term;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. is hereby appointed to fill the vacancy, for the At Large
Council Member. 's term will be effective
immediately and will serve until the next general municipal election, November 6 , 2007 .
ADOPTED AND APPROVED this 15th day of October, 2007 .
ATTEST:
James K. Woodward , Mayor Pro Tern
Loucrishia A. Ellis, City Clerk
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
12 bi
o'f'\ SERV1Q:-f \t/ <)i
.-JI:( > ..
~ 0o,s To Free People
PO Box 150217
Lakewood CO 80215-0217
NONPROFIT ORG
U.S . POSTAGE
PAID
DENVER CO
PERMIT NO. 400
-
..
Freedom Service Dogs ...
• Rescues dogs from shelters and
trains them to assist people with
disabilities
• Provides trained service dogs,
teaches clients to work with their
dog. and provides lifetime
support for the team
• Educates the public about the
legal rights and etiquette for all types
of assistance dogs
..
Rescues dogs from shelters and gives
them a second chance .
Trains s ervice dogs t o assist people
with disabilities increasing their indepen-
dence, confidence, endurance, and peace of
mind. They also provide a social bridge for
the client.
Grover opens the door (or Melody
Freedom Service Dogs ...
Retrieve and carry o bjects, t urn lights on
and off, open and close doo rs, brace and
counterbalance, pull wheelchairs, alert for
help, tug clothing on and off. and perform
specialized tasks needed by each client to
increase their independence and decrease
the need for a human assistant.
Freedom Service Dogs help clients gain
mastery of their world, learn responsibility.
practice fine motor skills, and increase
communication skills and social interaction.
The Freedom Service Dogs Difference
• Rescues and trains only unwanted or
abandoned dogs. There is no puppy-
raising program. We turn throw-
aways into superstars!
• Provides lifetime hands-on support for
clients in their home, office, and school.
• Custom trains the dog to do the specific
tasks required by each client.
• Puts over 85¢ of every dollar spent
directly toward program expenses .
Freedom Service Dogs Costs
Producing one successful service dog costs
well over $20,000, including locating the dog,
social and soundness evaluations ; housing,
food , health care , equipment and training.
There are additional expenses for client
instruction, lifetime support of the team , and
education of the public .
Freedom Service Dogs change lives!
Thanks to you!
The people we serve ...
Service Dog Partner An ind ividual, at least
12 years old, who is determined to work
hard to take on the world and live the fullest
life poss ible in spite of mobility impa i rment.
Skilled Companion Partner Someone, at
least 12 years old , who does not need or
cannot use the skills of a service dog all day .
every day .
Third Party Skilled Companion Partner
A parent or guardian is responsible for the
dog's care and the work necessary to open
the world for their child or dependent. The
dependent's ~ therapeutic plan must
i ncorporate .,,,,. the dog's skills .
"Nemo has increased Grayson 's independence ."
Professional Therapist A licensed
physical , speech , occupational , social or other
therapist is responsible for the dog and uses
him or her in Animal-Assisted Therapy.
All this is made possible primarily by
donations from people like you!
.
You can help with your donation, by
volunteering, and by spreading the word
about seryice dogs and their unique function .
Yes! I would like to help Freedom Serv ice
Dogs! I have enclosed my tax deductibl e
donation of:
D $ 25 Gentle Leader halter
D $ 60 Two training back packs
D $ 120 Feed a dog for four month s
D $ 300 X-rays for soundness
D $ 500 Balance harness
D $ 1,000 One week of partnership cli\SS
D $ 2,500 Two weeks of training
D $ 5,000 One month of training
D $1 0,000 Sponsor one service do for
six months
D $ ________ 0th ,
Name ---------
Address ---------=--
City ____ ·----------
State ___ ~ ZIP
Phone --------=~
E-mail -----------
D My check is enclos d
D Charge my credit ca, d
VISA ~ M I IC'
Card Number ___ _
Exp . Oat _ /
FSD neve r s II or h ,
Please ch ck rf you w, h ,
Fre dom
Freedom Service Dop, Inc. was
lncorpor ted in 1987 as a tax-exempt non-
profit SO I ( c )( 3) organization, EIN 8:4-1068936.
FSO is a founding member of Assistance Dogs
Int rnat onal, a non-profit organization that
s ts and promotes standards and ethics for
asslsunc dos training organizations . Its web
sit is www .AOlonline.org.
FSO does not discriminate on the basis of
s ,c, s ,cual orientation, race, national origin,
r ll&ion. or creed.
Pax provides brace and balance for Janell .
m
38158
Co l orad o I Rehabilitation
L V endor
Freedom Service Dogs
Phone : (303) 922-6231
Fax : (303) 922-6234
E-mail : info@freedomservicedogs.org
www .freedomservicedogs .org
Rev 10/07
•
-