HomeMy WebLinkAbout2005-06-20 (Regular) Meeting Agenda Packet·•
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Regular City Council Meeting
June 20, 2005
Ordinance#~~~~~ ~27, 28, 29
Resolution/.//,~ ~2, 53, 54, 55
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ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
Regular Sealoo
June 20, 2005
I. Call to Order
The regular meeting of the Englewood City Council was called to Older by Mayor Garren at 7:40 p.m.
2. lnvoaidoa
The invocation was given by Council Member Barrentine.
3. Pledp of Allepance
The Pledge of Allegiance was led by Mayor Garren.
4 . Roll Call
Present :
Absent :
A quorum was present.
Also present :
Council Members Tomasso, Moore, Barrentine. Garren, Bradshaw ,
Wolosyn, Woodward
None
City Manager Sears
City Attorney Broczman
Assistant City Manager Aahcrty
City Clerk Ellis
Deputy City Clerk Bush
Director Olson, Safety Services
Police Lieutenant Sanchez. Safety Services
Fire Battalion Chief Petau, Safety Services
Director Gryatcwicz. Finance and Administrative Services
Director Fonda. Utilities
Director Kahm, Public Works
Housing Finance Specialist Grimmett, Community Development
Senior Planner Langon. Community Development
Director Eaton. Human Re sources
5. Conslduation of Minutes of Previous SeaioD
(a) COUNCll. MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE
THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JUNE 6, 1815.
Mayor Garrett a;.kcd if there were a ny comments or corrections . There were: none .
V ot~ ttSUlts:
Ayes:
Nays:
Motio n cMned .
Council Members Barrentine . Moore, Bradshaw, Garten, Wolosyn.
Woodward. T o masso
None
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Englewood City Coundl
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(a) Greg Kainer said, as you probably all know from previous speaking engagements, I am President
of Englewood Unleashed and I come here tonight to point out that there can be a true community spirit between the
government and its citizenry and you folks have proven that. M President of Englewood Unleashed, my term ends
June '3C!' and it has been a challenging year for us, but one that has solidified a lot of relationships with a common
goal that is a place, the community we live in, making it better and happier. The bond that we've shared has been
the off-leash dog parks. We put aside politics and we took a vision and now we are only a few steps from reality of
that vision of an off-leash dog park at Belleview. There has been an intensity along the way, as you all well know,
but that is how creative people get thinp done. I would like to thank Mayor Garrett for his divine leadership and a
gentleman that is really never prailied ... City Manager Gary Sears. He is kind of the nuts and bolts guy ... he
understands how to improvise and gets stuff done behind the scenes. He hasn't. at least to my knowledge, openly
been praised, but he has been very participative in this process. Thanks to Parks and Recreation Director Jerrell
Black for his patience. He has really shared a lot of experience with us that we have appreciated. The Assistant
City Manager Mike Aaherty has sat in a lot of meetings with us and his patience was tested and we just sat through
it and rolled up our shin sleeves and we've got things done. Dave Lee of Parks and Recreation, assistant to Jerrell
Black. who has had a great sense of humor which we have all needed alona the way. Bev Bradshaw who has also
expressed vision and the love for the outdoors and who saw our needs. Councilman Jim Woodward who's a
visionary and a coalition builder ... we have appreciated that. Ray Tomasso whose open mind is what makes a
community grow. He actually saw that this was going to be a big benefit to the community and we appreciate that.
John Moore is also a recreation kindred spirit and saw that dog pub are for pcopic as much as for the clop who
exercise in them. Laurett Barmitine ... she played the devil's advocate role beucr than I ever could. You know what
I would like to do is express appreciation. It has been a real joy working with this current staff and this current
Council and I hope that when the board turns over that we have the same kind of relationship with the future Board
and the future Council. I have enjoyed meeting and working with a lot of the staff here . I am not going to run for
office ... my term ends June '3C!' ... so I am going to step down, but I believe that this i& going to become a reality and
it is thanks 10 all the great folks that I have mentioned here tonight. Thanlts and God's ..,_t.
Mayor Garrett said thanks very much. Council Member Bradshaw said thank you Greg.
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There were no unscheduled visitors.
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(a) A letter from An,ela Hardin announcina her resianation from both the EnaJewood Housina
Authority and the Code Enforcement Advisory Committee was considered.
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO ACCEn THE
RESIGNATION OF ANGELA HARDIN FROM BOTH THE ENGLEWOOD HOUSING AtmlOIUTY
AND THE CODE ENFORCEMENT ADVISORY COMMITTEE.
Council Member Bradshaw said she is resigning because she has a new job in Sheridan, Wyomina.
Vote results:
Ayes:
Nays :
Mou on carried .
Council Members Barret11ine, Mln'e. Bradshaw, Garrett. Wobyn.
Woodward, Tomasso
None
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C unc 1l Member Bradshaw said Your Honor . can we appoilll Ernie Arterburn? I know he is ieu,aing from one
commiuee. but can we appoint him at thi time from the al1m111e 10 an active member oftlle EnaJcwood ttc..illa
Authority Committee? Because, she said, we have a mectina the ftn1 Wednesday 1n July ud we would be short a
board member 1f we didn't do that now.
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COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPOINT ERNIE
ARTERBURN TO THE ENGLEWOOD HOUSING AUTHORITY.
Mayor Garrett asked if there were any comments. There were none.
Vote results:
Ayes:
Nays:
Motion carried.
Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn,
Woodward, Tomasso
None
(b) An e-mail from Ernie Arterburn announcing his resignation from the Keep Englewood Beautiful
Commission was considered.
COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO ACCEPT WITH REGRET
THE RESIGNATION OF ERNIE ARTERBURN FROM THE KEEP ENGLEWOOD BEAUTIFUL
COMMISSION.
Council Member Wolosyn said I spoke to him and because his daughter has softball on Tuesdays he wasn't going to
be at any of the meetings this summer, so he decided to resign .
Mayor Garrett asked if there were any comments. There were none .
Vote results:
Motion carried .
Ayes: Council Members Barrentine, Moore, Bradshaw, Garten. Wolosyn,
Woodward. Tomasso
Nays : None
9. Consent Agenda
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT
AGENDA ITEMS 9 (a) (I), (U), (W) and (Iv), 9 (b) (I), (U), (W) and (Iv) AND 9 (c) (I). (II) ud (Ill).
(a) Approval of Ordinances on First Reading
(i) COUNCIL BILL NO. 29. INTRODUCED BY COUNCIL MEMBER BRADSHAW
A BILL FOR AN ORDINANCE AUTHORIZING THE CITY OF ENGLEWOOD, COLORADO TO OPT-OUT
OF MUNICIPAL CANDIDA TE NOMINATION VACANCY PROVISIONS AS SET FORTH IN THE
MUNICIPAL ELECTION CODE OF THE COLORADO REVISED STATUTES.
(ii ) COUNCIL BILL NO. 26, INTRODUCED BY COUNCIL MEMBER BRADSHAW
A BILL FOR AN ORDINANCE AUTHORIZING AN lNTERGOVERNMENT AL AGREEMENT WITH THE
BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ARAPAHOE REGARDING SHARED USE
OF ARAPAHOE COUNTY'S RADIO COMMUNICATIONS NETWORK SYSTEM [AND CONSOLIDATED
COMMUNICATIONS NETWORK OF COLORADO (CCNC)J .
(iii ) COUNCIL BILL NO. 27. INTRODUCED BY COUNCIL MEMBER BRADSHAW
A BILL FOR AN ORDINANCE AUTHORIZING THE ADOPTION OF THE "ENGLEWOOD STORM
DR AIN AGE C RITERIA MANUAL" FOR THE REG ULATION OF THE STORMWATER UTILITY WITHIN
THE C ITY OF ENGLEWOOD. COLORADO.
(iv) COUNCIL BILL NO. 28. INTRODUC ED BY COUNCIL MEMBER BRADSHAW
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A BILL FOR AN ORDINANCE AMENDING TITLE 4, CHAPTER 7, SECTION 11, OF THE ENGLEWOOD
MUNICIPAL CODE 2000, PERTAINING TO THE EXTENSION OF THE LIMITED WAIVER OF THEW ASTE
TRANSFER SURCHARGE.
(b) Approval of Ordinances on Second Reading
(i) ORDINANCE NO. 21, SERIES OF 2005 (COUNCIL BILL NO. 21, INTRODUCED
BY COUNCIL MEMBER BRADSHAW)
AN ORDINANCE AMENDING TITLE 5, CHAPTER 5, SECTION 2, OF THE ENGLEWOOD MUNICIPAL
CODE 2000, PERTAINING TO ACUPUNCTURISTS.
(ii) ORDINANCE NO. 22, SERIES OF 2005 (COUNCIL BILL NO. 22, INTRODUCED
BY COUNCIL MEMBER TOMASSO)
AN ORDINANCE AMENDING TITLE 2, CHAPTER 12, SECTIONS 3 AND 6, OF THE ENGLEWOOD
MUNICIPAL CODE 2000, PERTAINING TO THE TERM OF THE TRANSPORTATION ADVISORY
COMMITIEE.
(iii) ORDINANCE NO. 23, SERIES OF 2005 (COUNCIL BILL NO. 23, INTRODUCED
BY COUNCIL MEMBER BRADSHAW)
AN ORDINANCE APPROVING AND AUTHORIZING AMENDMENT NUMBER TWO TO THE FEDERAL
HOME INVESTMENT PARTNERSHIPS ACT AGREEMENT BETWEEN ARAPAHOE COUNTY AND THE
CITY OF ENGLEWOOD, COLORADO.
(iv) ORDINANCE NO. 24, SERIES OF 2~ (COUNCIL BILL NO. 25, INTRODUCED
BY COUNCIL MEMBER BRADSHAW)
AN ORDINANCE AUTHORIZlNG THE ACCEPTANCE OF A VICTIM ASSISTANCE LAW ENFORCEMENT
(VALE) GRANT FROM THE VICTIM ASSISTANCE LAW ENFORCEMENT BOARD OF THE 18nt
JUDICIAL DISTRICT.
(c) Resolutions and Motions
(i) RESOLUTION NO. 47, SERIES OF 2005
A RESOLUTION AUTHORIZING THE APPLICATION FOR A LINE OF CREDIT FOR THE HOUSING
REHABILITATION ENTERPRISE FUND FOR FUNDING OF $1,000,000 FOR THE ENGLEWOOD HOUSING
REHABILITATION ENTERPRISE FUND BETWEEN THE MILE HIGH HOUSING FUND (MHHF) AND THE
CITY OF ENGLEWOOD, COLORADO.
(ii) RESOLUTION NO. 48, SERIES OF 2005
A RESOLUTION ACCEPTING CHANGES AND UPDATES TO THE CITY OF ENGLEWOOD'S
INVESTMENT POLICY PER ORDINANCE 45, SERIES OF 1995, ADOPTED ON FINAL READING
SEPTEMBER 5. 1995.
(i ii) A CONTRACT WITH C & R ELECTRIC OF NORTHGLENN, CO TO RETROFIT
T HE BALL FIELD LIGHTING AT BELLEVIEW AND CENTENNIAL (SPENCER FIELDS) PARK:i IN THE
AMOUNT OF $44,7 47 .00.
Vol~ ttSUlts:
Ayes : Council Members Barrellllne. Moo«e. Bradshaw. Oamu, Wolosyn .
Woodward. Tomasso
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Nays : None
Motion carried.
10. Public Hearlna Items
No public hearing was scheduled before Council .
11 . Onllna-, Resolution and Motions
(a) Approval of Ordinances on First Reading
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(i) Director Kahm presented a recommendation from the Public Works Department to adopt
a bill for an ordinance vacating right-of-ways on three parcels located within or adjacent to the Littleton/Englewood
Wastewater Treatment Plant. He said approximately a year ago the City was fonunate to be able to tum the
Herbertson lease into our ownership. We had a title commitment done at that point and found that the Bi.City
propeny itself is a series of possibly 20 or 25 different properties including these three abandoned right-of-ways.
Our ultimate goal. with the abandonment of these right-of-ways, is to clean up the ownership and subdivide and re-
plat that property into two pieces. The larger parcel would service the Bi.City Plant and would be in joint·
ownenhip with Littlelon and Englewood and the remaining parcel would be the Englewood Servicenter that. we the
City. would then own.
Mayor Garrett asked if there were any questions for Mr. Kahm. There were none .
COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM
11 (a) (I) • COUNCIL BILL NO. 16.
COUNCIL BILL NO. 16. INTRODUCED BY COUNCIL MEMBER WOLOSYN
A BILL FOR AN ORDINANCE VACATING THREE PARCELS OF THE RIGHT-OF-WAY LOCATED
WITHIN OR ADJACENT TO THE LITTLETON/ENGLEWOOD W ASTEWAl'ER TREATMENT PLANT (lJE
WWTP).
Mayor Garrett asked if there was any discussion. There was none .
Vote results:
Moti o n carried.
Ayes: Council Members Barreniine, Moore . Bradshaw, Garrett. Wolosyn,
Woodward, Tomasso
Nays: None
Ma yor Garrett said thank you very much 10 Mr. Kahm.
(b) Approval of Ordinances o n Second Reading
(i) Council Bill No. 17 approving proposed housekeepina amendmenu pertainina to the
Unified Development Code was considered.
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM
11 (b) (I) • ORDINANCE NO. 25, SERIES OF 2005.
ORDINANCE NO. 25. SERIES OF 2005 (COUNCIL BILL NO. 17. INTRODUCED BY COUNCIL MEMBER
BRADSHAW)
AN ORDINANCE AUTHORIZING AMENDING TITLE 16: UNIAED DEVELOPMENT CODE Of THE
E GLEWOOD M U ICIPAL CODE 2000. THESE ARE HOUSEKEEPING AMENDMENTS.
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Mayor Garren asked if there was any discussion. There was none.
Vote results:
Motion carried.
Ayes:
Nays:
Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn,
Woodward, Tomasso
None
(ii) Council Bill No. 19 approving amendments to the Unified Development Code pcnaining
to front setbacks in the MU-8-2 Zone District was considered.
COUNCIL MEMBER WOWSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM
11 (b) (U) -ORDINANCE NO. 26, SERIES OF 2005.
ORDINANCE NO. 26, SERIES OF 2005 (COUNCIL BILL NO. 19, INTRODUCED BY COUNCIL MEMBER
WOLOSYN)
AN ORDINANCE AUTHORIZING AMENDING TITLE 16, CHAPTER 6, SUBSECTION 8, OF THE UNIFIED
DEVELOPMENT CODE OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO FRONT
SETBACKS IN THE MU-8-2 ZONE DISTRICT.
Mayor Garrett asked if there was any discussion. There was none.
Vote results:
Motion carried.
Ayes : Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn,
Woodward, Tomasso
Nays: None
(iii) Council Bill No. 20 approving amendments to the Englewood Municipal Code pcnaining
to Historic Designation was considered.
' COUNCIL MEMBER WOWSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM
11 (b) (ill) -COUNCIL BILL NO. 20.
COUNCIL BILL NO. 20. INTRODUCED BY COUNCIL MEMBER WOLOSYN
AN ORDINANCE AUTHORIZING THE REPEAL OF TITLE 16, CHAPTER 6, SECTION 11 AND AMENDING
TITLE 16, CHAPTER 2, OF THE ENGLEWOOD MUNICIPAL CODE 2000, BY THE ADDITION OF A NEW
SECTION 20, ENTITLED HISTORIC DESIGNATION.
Mayor Garrett asked if there was any discussion.
Council Member Tomasso said I do not believe that thi s Ordinance docs anything and it restricts public comments
and the public from presenting a property to be historic and eliminates the citizens of Englewood from any
panicipation or discussions of said propcny. It docs not allow them a public forum in which to express their views.
Council Member Bradshaw said so I have a question . If this doesn't pass. then we reycn to what is already there?
City Attorney Brotzman said correct.
Mayor Garrett asked if there were any other comments.
Council Member Woodward said I am going to agree with Ray and I just don't believe that this bill improves what
we currently have. so I will be voting no.
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Council Member Bradshaw said I will also be voting against this, because I still think that we need to address this
issue in a more comprehensive manner and this doesn't do it.
Mayor Garrett liik~ if there were any other comments.
Council Member Moore said I also will be voting no. I am not a fan of ambiguity, but we didn't quite hit the mark
on this . I'm not sure what the solution is, but I will vote no as well and hope we can hit a better target in the future.
Council Member Wolosyn said I will add this .. .just addressing this in the last year, that when I drive around town I
keep my eyes open in a different way for houses and buildings that look significant and I think that at least the way
it is currently written, we have the opportunity to have a public discussion about things that are valuable to the
history of our community. So, I also oppose any change at this time .
Mayor Garrett asked if there was any other discussion .
Mayor Garrett said I will be voting yes, because I think it needs to be cl · on what we are trying to do and I think
this amendment makes it clear. I don't necessarily think it is the best solution, but I think it is the one that at least
brings clarity to a statute.
Mayor Garrett asked if there was any other discussion . There was none .
Vote results:
Ayes : Council Members Barrentine, Garrett
Nays : Council Membe.-s Moore, Bradshaw, Wolosyn, Woodward, Tomasso
Motion defeated.
(c) Resolutions and Motions
(i) Director Eaton presented a recommendation from the Human Resources Department 10
adopt a resolution to approve the Collective Bargaining Agreement between the Englewood Employees Association
and the City of Englewood for the years 2006 and 2007 . She said this contract has been duly ratified by the
membership of the EEA. We talked about the details of the contract at several Eitecutive Session, but if anybody
has any que stio ns. I would be happy to answer them tonight.
Mayor Garrett asked if there were any questions for Ms . Eaton .
Council Member Wolosy n said I would just like to thank you and the members of the Union and everyone who
worked on this. II is good to have us all on the same page . ·
Council Member Bradshaw said and I would like to go along with what Olga said and kudos 10 you as the
bargaining unit and to us as lhc bargaining team , plus the EEA leadership. They know what a budget crunch we are
in. they ste pped up each year and I really appreciate that . Director Eaton said they arc pretty happy about it, I
believe.
Mayoo Garrett asked if there were any more comments or questions for Ms. Eaton . There were none .
COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA
ITEM 11 (c) (I) -RESOLUTION NO. 49, SERIES OF 2005.
RESOLUTION NO. 49. SERIES OF 2005
A RE OLUTION AUTHORIZING THE COLl.ECTIVE BARGAINING AGREEMENT BETWEEN THE
ENGLEWOOD EMPLOYEES ASSOCJA TION AND THE CITY OF ENGLEWOOD FOR THE PERIOD OF
J RY 1.2006THROUGHDECEMBER31.2007.
M~yo, Garren kcd af there was any discussion. There w none .
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Vote results:
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Ayes: Council Members Barrentine, Moore, Bradshaw, Garrett. Wolosyn,
Woodward. Tomasso
Nays: None
Motion carried .
{ii) Director Eaton presented a recommendation from the Human Resources Department to
adopt a resolution to approve wage and benefit adjustments for Managerial , Supervisory, Confidential and Part-
Time Employees for 2006. She said this resolution is intended to approve wage and benefit adjustments which are
similar to those granted to !he EEA employees and it covers approximately 155 employees.
Mayor Garrett asked if there were any questions or comments for Ms . Eaton . There were none.
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM
11 (c) {U) • RESOLUTION NO. 50, SERIES OF 2005.
RESOLUTION NO . 50, SERIES OF 2005
A RESOLUTION APPROVING COMPENSATION PLANS FOR MANAGERIAL. SUPERVISORY,
CONFIDENTIAL AND PART-TIME EMPLOYEES OF THE CITY OF ENGLEWOOD FOR THE YEAR 2006.
Mayor Garrett asked if there was any discussion . There was none.
Vote results:
Ayes :
Nays :
Motion carried.
Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn.
Woodward, Tomasso
None
Mayor Garrett said thank you very much .
{iii) Director Fonda presented a recommendation from !he Utilities Department to adopt a
resolution authorizing the negotiation of an agreement between the McLellan Reservoir Foundation and Shea
Homes for construction of a road across Englewood's McLellan Property to serve a parcel of land owned by Shea
Hornes . He said we went over this in Study Session and the resolution reflect~ !he commitments that I think wen:
requested . He asked if there wen: any questions.
Mayor Garrett asked if there were any questions for Mr . Fonda .
Mayor Garrett said is thi s goi ng to be coming back to City Counci l once the agreement is negotiated? Mr . Fonda
sai d yes . Mr . Garrett said is there a tirnefrarne in whi ch you think that might occur? Mr. Fonda said I would
suspect that it will happen within a couple of months .
Mayor Garren asked if then: were any other questions for Mr . Fonda . Then: wen: none.
COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA
ITEM 11 (c) (ill). RF.sOLUTION NO. 51, SERIES OF 2005.
RESOLUTION NO . 51, SERIES OF 2005
A RESOLUT ION SUPPORTING THE DEDICATION OF LAND BY THE ENGLEWOOOMCLELLAN
RESERVOIR FOUNDATION TO SHEA HOMES TO BUIW A ROAD TO SERVE PLANNING AREA 86.
Ma yor Garren asked if there was any discussion . There was none.
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Vote results:
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Ayes : Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn ,
Woodward, Tomasso
Nays: None
Motion carried .
(iv) Mayor Garrett said this is a recommendation from the Englewood Water and Sewer
Board to approve, by motion, awarding a contract to Genesee Builders, Inc . for the installation of the washwater
pump equipment at the Allen Plant in the amount of$167,000.00.
Director Fonda said we need these pumps installed. There is an error in the Council Communication. It is not
$167,000.00. We bought it ourselves and it is around $100,000.00 so we're coming up maybe $30,000.00 short of
the budgeted amount of $300,000.00 for the equipment purchase and for the installation. We did the equipment
purchase early so that the long lead time equipment could be there. This is something that is fairly critical because
the load that has been put on these pumps over the years since the new addition came on is wearing them down and
we don't want to have a breakdown.
Mayor Garrett asked if there were any questions for Mr. Fonda. There were none.
COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM
11 (c) (Iv). A WARDING A CONTRACT TO GENESEE BUILDERS, INC. FOR THE INSTALLATION OF
THE WASHWA TER PUMP EQUIPMENT AT THE ALLEN PLANT.
Mayor Garrett asked if there was any discussion . There was none.
Vote results:
Ayes:
Nays :
Motion carried .
12. General Discussion
(a) Mayor's Choice
Council Members Barrentine, Moore. Bradshaw, Garrett. Wolosyn.
Woodward, Tomasso
None
(i) Mayor Garrett said something we haven't been able to do for the last C011plc of years,
because of the budget issues. is hold an Ice Cream Social for members of the Boards and Commissions. The budget
item would be somewhere in the $500.00 to $600.00 range. Would Council be interested in renewing that
appreciation function this year? If Council so desires, we will tum it over to the City Manager's office to come up
with an appropriate date. So I would like to bring this up for discussion . Do people think it is a good idea or a bad
idea?
Council Member Woodward said I think it is absolutely a good idea.
Council Member Moore said I assume it was generally well received by the Board and Commission members in the
past . Mayor Garrett said I think so. because it is a nice get together with all the Boards and Commissions. It is a
recognition as they do a lot of hard work for us. Mr. Moore said this is a minor recognition of their contribution ... I
think it is a good idea.
Council Member Wolosyn said it is generally well attended .
Council Member Darrentinc said it is a good idea.
(b) Council Members' Choice
(i) Council Member Barrentine :
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I. She said we had the golf tournament on the 13'". It was a beautiful day out there and a lot of you attended.
I appreciate that. We had a lot of fun and I learned a lot about puning on a golf tournament, so it was fun. And
speaking of golftoumaments ... we have the Women's Open at Cherry Hills.
2. She said I had a couple of calls from people around the Denver Seminary that have a concern about the
parking over there. I know that Rick jumped on that right away and already got back with me that they didn't
believe that it would impact and the Denver Seminary has already made arrangements for a parking facility, but he
assured me that if it does become an issue they can go ahead and contact him. So, I wanted to tell him thank you
very much for following up on that.
(ii) Council Member Bradshaw said I would just like to thank Greg for his leadership with
Englewood Unleashed. There for awhile I know that you felt like you were herding cats, but you brought forth a
meaningful organization that I think will, in the long run, help our community a great deal . Thank you for your
leadership.
(iii) Council Member Tomasso said I had a resident stop in the other day and tell me that they
had had a problem with a defective hot water heater and it was run by a real estate complex that was renting out this
apartment. She had contacted Lance Smith and he had given her very solid advice as to how to handle the situation.
It took them five tries to fix the hot water heater, but they got it fixed . And, she was very happy with Lance's help
and giving her direction on what to say. So kudos to Lance this week.
(iv) Council Member Woodward:
I . He said the coocen series starts Thursday right outside the door to the Library ... out on the stage there.
2. He said I anended a seminar last Wednesday on Fraud and ID Theft put on by Nancy Peterson from
Neighborhood Watch. It was the absolute best seminar regarding the subject maner that I have ever been to. I
would highly recommend talking to Nancy about that and finding out if that could be made available in some sort of
form for employees of the City. It is really a valuable seminar idea. Thank you.
City Manager Sears said I will work with Chris and we'll try to pull that together. We have had several thefts
unfortunately in our parking lot, so I think that is a great idea. We will see if we can put that together.
(v) Council Member Wolosyn:
I . She said last Thursday. Beverly. Jim Woodward and I. along with Gary Sean, Jerrell Black and his staff
and Bob Simpson and his staff attended the Arapahoe County Open Space Program. They awarded the Share Back
Funds ... we received $253.600.00. It was very impressive and kudos to both .. .I understand that the staff of
Community Development and Parks and Recreation puts these grants together. They did us proud . We received
S 117 .000.00 for the Englewood Trail head Improvements Project and $217.530.00 for the Mary Cuter Greenway
Expansion and Buffer Project . We all thought we were one of the people who stood out in a very positive light,
so ... thank you to all the people who did that.
2 . She said in the discussions regarding the dog park and sod, Jim Woodward had proposed that maybe there
was a way to recycle some of the sod from the foocball field. which is being replaced with artificial turf, and use it
to sod the dog park if that goes forward . I was just wondering if staff could look inco it to see if there was any
po ibility those tirnelines could work, because I don't know when that turf is going in. Council Member Bradshaw
said August. Mayor Garren said it starts in July . Ms. Wolosyn said I guess that is bad timing. What do you think?'
Cuy Manager Sears said we will check on that and we '";11 get back to Council. It really makes some sense .
). She said Gary and I and Amy Laugesen from the Arts Commission were in attendance on Sa1urday night
for the Swed1 h Medical Center· big celebration. It was a nice evening and it was an honor to be there . I think it is
great to see that institu1ion from their pomt of view. They had a wonderful pracnwion.
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Eqlewood City Coundl
June 20, 2005
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13 . City Manacer's Report
(a) City Manager Sears said we are working on the budget and getting our dates put together. I know
the proposed budget proposals are corning back to Mike and myself soon . We listed two dates for the Budget
Retreat for Council. .. the 24• of September and the 1st of October are the two Saturdays. I wanted to get feedback
from Council. Some said the 24• works for them . Council Member Bradshaw said it works best for me , as I can't
be here the I".
Mayor Garrett asked if the 24• would work for everyone . There was agreement to have the Retreat on September
24•_
(b) City Manager Sears said I wanted to say thanks. I did have a chance to go, as Olga said, to the
Swedish Hospital celebration and I was there yesterday also . The recognition the City of Englewood recdved from
Mary White was nice . As. our biggest employer in town. it was nice to see how supportive they are of where we are
going.
(c) City Manager Sears said I wanted to again note that next Monday nift Council will be
conducting interviews and then we don't meet again for a formal meeting until July 11 . There is no meeting on
July s•. I am going to be heading up to CML for the remainder of this week . During that time Mike will be in
charge in cue there are any questions . Mike is taking off for the managers meetin g up there on Friday and Jerrell
Black will be in charge on Friday.
14 . City Attone,'1 Report
City Attorney Brotzman did not have any matters to bring before Council .
15 . Adjounlaellt
MAYOR GARRETI' MOVED TO ADJOURN. The meeting _.joumecl at 8:07 p.m.
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AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
MONDAY, JUNE 20, 2005
7:30 P.M.
Englewood Civic Center -Council Chambers
1000 Englewood Parkway
Englewood, CO 801'10
1 . Call to order. 'J: c./(J ~
2. Invocation.~
3. Pledge of Allegiance. ~
4 . Roll Call. di) 1 ~
5. Consideration of Minutes of Previous Session .
~f--{)i. Minut1:s from the Regular City Council meeting of June 6, 2005.~
6 . Recognition of Scheduled Public Comment (Please limit your presentation to ten minutes.)
a. Greg Kainer, President of Englewood Unleashed, will discuss public community
partnerships.
7. Recognition of Unscheduled Public Comment (Please limit your presentation to five minutes.
Time for unscheduled public comment may be limited to 45 minutes and if limited shall be
continuff eneral Discussion .)
8 . Communications, Proclamations, and Appointments.
~-O a. Leller from Angela Hardin announcing her resignation from both the Engl~~
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Housing Authority and from the Code Enforcement Advisory Comminee.~ ~
kt b. E-mail from Ernie Arterburn announcing his resignation from the Keep Englewood
~ Beautiful Commission.~
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APP'O 7-0 BRADSHAW MOIIEO TO APPOINT ERNIE ART£A8UAN TO THE
ENGlEWOOO HOUSING AUll40RITY (HE IS CURAENTL Y MAL TEANATE)
Please note: If you ha e a disability and nttd aUXJliary aids Of services, please notify lhe City ol Enalewood
(303-76 2-2407) al least 48 hours in adv.ince of when services are needed. Ttwlk
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Englewood City Council Agenda
June 20, 2005
Pa ge 2
i. Council Bill No . .29 · Recommendation from the Department of Finance and
Administrative Services and lhe Election Commission/City Clerk's Office to adopt
a bill for an ordinance to opt-out of City Council nomination petition vacancy
committee provisions as set forth in State Statute. STAFF SOURCE: Frank
Gryglewicz, Director of Finance and Administrative Services and Louaishia Ellis,
City Clerk/Election Commission Member.
ii . founcil BUI No 26 , Recommendation from the Department of Safety Services to
adopt a bill for an ordinance authorizing an Intergovernmental Agreement
regarding shared use of Arapahoe County's Radio Communications Network
System . STAFF SOURCE: Trina Everhart, Research and Technology Manager.
iii. Council Bill No. 27 -Recommendation from the Utilities Department to adopt a
bill for an ordinance approving a Storm Drainage Criteria manual. STAFF
SOURCE: Stewart H. Fonda, Director of Utilities.
iv. Council Bill No. 28 -Recommendation from the Department of Finance and
Administrative Services to adopt a bill for an ordinance extending the limited
waiver of the Waste Transfer Surcharge until December 31, 2007. STAFF
SOURCE: frank Gryglewicz, Director of Financial Services.
b . Approval of Ordinances on Second Reading.
i.
ii.
iii.
iv.
Council Bill No. 21 adding -Acupuncturists Licensed with the State of Colorado ..
as an additional exemption from the licensing requirements for massage
therapists.
Council Bill No. 22 increasing member terms for ETAC from two years to four
years and to increase officer terms from one year to two years:
Council Bill No. 23 approving Amendment No. 2 to the Intergovernmental
Agreem ent for the HOME Investment Partnerships Program between Arapahoe
County and the City of Englewood.
Counci l Bill No. 25 accepting a Victim Assistance Law Enforcement (VALE) Grant
for 2006 in the amount of $15,000.
Resolution s and Motions.
Recommendation from the Community Development Department to adopt a
resolution authorizing application for a new line of credit with Mile High Housing
Fund for $1,000,000 to support the activities of the Housing Rehabilitation
En terprise Fund. STAFF SOURCE: Janet Grimmett, Houlln1 Finance Spedalist.
Please no1e : If you have a disability and need auxiliary aids or services, plNse nolifv the Clly of Enalewood
(303-762-2407) a l least 48 hours in advance of when services are needed. Thank
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En g~wood City Council Agenda
June 20 , 2005
Page 3
Recommendation from the Department of Finance and Administrative Services to
adopt a resolution approving proposed changes to the City of Englewood 's
Investment Policy. STAFF SOURCE: Frank Gryglewicz, Finance Director.
iii. Recommendation from the Parks and Recreation Department to approve, by
motion, a contract to retrofit the ball field lighting at Belleview and Centennial
(Spencer Fields) Parks. Staff recommends awarding the contract to the lowest
bidder, C&R Electric of Northglenn, CO, in the amount of $44,747. STAFF
SOURCE: Gary Hultberg, Recreation Manager/Operations.
10. Public Hearing Items. (No Public Hearing Scheduled.) s-
11. Ordinances, Resolutions and Motions.
a. Approval of Ordinances on First Reading.
i. Council Bill No,. 16 -Recommendation from the Public Works Department to
adopt a bill for an ordinance vacating rights-Of-way on three parcels located within ~IJ--0 or adjacent to the Littleton/Englewood Wastewater~;:_~an~STAFF
v ~ SOURCE: Rick Kahm, Director of Public Works. ., -r -v
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b . Approval of Ordinances on Second Reading.
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i. Council Bill No. 17 approving prog<J~~ housekeeping amendments pertaining to
(/ t ~ '7-t) the Unified Development Code.~~
" L ii. Council Bill No. 19 approving amendments to the Unified Development Code ifJtrf"' J.{p Opfd?-{)'ertaining to front setbacks in theMU-8-2 Zone District.~
iOil.J ~ 1f1 iii. Council Bill No. 20 approving amendments to the Englewood Municipal Code ·-J~5 pertaining to Historic Designation . ~~
(7' [Mes : 8AiUJJr1AJ!!-1 ~~'tr\
c. Resolutions and Motions . ...J
Recommendation from the Human Resources Department to adopt a resolution
to approve the Collective Bargaining Agreement between the Englewood
Emplo yees A sso ci ation and the City of Englewood for th~_ye-y}~~ ~~ 2~7.
STAFF SOURCE: Sue Eaton, Director of Human Resourcesw1~
Recommendation from the Human Resources Department to adopt a resolution
to approve wage and benefit adjustments for Managerial, Supervisory,
Confidentia l and Part-Time Emp'W~e~ f~r 2006. STAFF SOURa: Sue Eaton.
Director of Human Resources. lo~~
Plea e no re· If you ha e a d isability and need au!Olwy ~s Of services. please notify the Ctty of EnaJ-ood
1303-62-2 407) a t lea I ~8 hours WI oKl\.ance of ~hen ~ices are nttded ~ '
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Engl ewood City Council Agenda
June 20, 2005
Page4
iii.
iv.
Recommendation from the Utilities Department to adopt a resolution authorizing
the negotiation of an agreement between the Mclellan Reservoir Foundation and
Shea Homes for construction of a road across Englewood's Mclellan Property to
serve a parcel of land owned by Shea Homes. STAFF SOURCE: Stewart H.
Fonda, Director of Utilities. ~
Recommendation from the Englewood Water and Sewer Board to approve, by
motion, the installation of the washwater pump equipment at the Allen Plant Staff
recommends awarding a contract to the lowest acceptable bidder, Genesee
Builders, Inc., in the amount of $167,000. STAFF SOURCE: Stewart H. Fonda,
Director of Utilities.~
12. General Discussion :
a. Mayor's Choice.
b . Council Members' Choice.
13 . City Manager's Report.
14. City Attorney's Report.
15. Adjournment. ?f :or~
The following minutes were transmitted to City Council between June 3 and June 16, 2005:
• Alliance for Commerce in Englewood meeting of May 12, 2005.
• Cultural Arts Commission meeting of May 4, 2005
• Keep Englewood Beautiful Commission meeting of April 12, 2005
• Parks and Recreation Commission meeting of May 12, 2005.
• Transportation Advisory Committee meeting of May 12 , 2005.
Pl eas e note : If you have a disabil ity and need auxiliary aids or services, please notify the Chy of Englewood
(303 -7 62 -2407 ) at least 48 hours in advance of when services are needed. 11Wlk
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ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COWRADO
lleplar Session
June6,2005
I . Call to Order
The regular meeting of the Englewood City Council was called to order by Mayor Garrett at 7:34 p.m.
2 . Invocation
The invocation was given by Council Member Barrentine .
3. Pledae of Allegiaace
The Pledge of Allegiance was led by Mayor Garrett .
4 . RoD Call
Present:
Absent:
A quorum was present .
Also present:
Council Members Tomasso, Moore , Barrentine, Garrett, Bradshaw,
Wolosyn, Woodward
None
City Manager Sears
City Attorney Brotzman
Assistant City Manager Aaherty
City Clerk Ellis
Police Division Chief Vandermce, Safety Services
Police Lieutenant Sanchez, Safety Services
Fire Capcain PatWozzi, Safety Services
Senior Planner Langon, Community Development
Director Gryglewicz, Finance and Administrative Services
Director Kahm, Public Works
Director Long, Library
Housing Finance Specialist Grimmett, Community Development
Director Fonda , Utilities
Director Eaton, Human Resources
5. Consideration of Minutes of Previous Session
(a) COUNCIL MEMBER WOWSYN MOVED, AND IT WAS SECONDED, TO APPROVE
THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF MAY 16, 2005.
Ma yo r Garren asked if there were any comments or corrections. There were none .
Vote results :
Motion carried .
Ayes :
Nays :
Council Members Bancntinc, Moore. Bradshaw. Garrett , Wolosyn,
Woodward, Tomasso
None
6 Rtteellition of ScMCluled l'llbllc C-at
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Englewood City Council
June6,2005
Pagel
(a) Members of Englewood's Firefighter Combat Challenge Team were present to address City
Council regarding the upcoming Firefighter Combat Challe nge.
Roman Rede introduced Jason Hehn, Dennis McTaggart and Reggie Black. Reggie Black is one of the newest
members of the Englewood Fire Department and our newest member to the Firefighters Combat Challenge Team, he
said . He is a great guy and a great member to our team, which brings us to why we arc here. Last year, with the
assistance of this City Council, we were able to travel to and compete in a World Firefighter Combat Challenge in
Las Vegas, Nevada . A few months prior to that we personally financed and sent three of our members to Fremont,
California to compete in the Regional Qualifier in order to get us to Las Vegas . This year we would like to do the
same thing . Hopefully , with the City Council's help, we would like to send our entire team to Fremont, California
and then fly to Deerfield Beach, Florida to represent the City of Englewood as your Firefighter Combat Challenge
Team. At this point in time, we are estimating the cost to be roughly in the neighborhood of $9,800.00. This would
be for meager accommodations and the cheapest airline that we can fly. Last year, with the assistance of the City
Council , we did go to Las Vegas, like I said, and we put five guys all in one room . I know we like each other very
much , but it was a little cramped for firefighters, bunker gear and we are all too old to be sleeping on the floor at this
point. We thank you for your time and again, we would very much like your assistance to be able to represent the
City again this year . This would be our fourth year in a row to travel to Worlds and any assistance would be
fantastic. Thank you very much.
Mayor Garrett said thank you .
7. Recognition of Unscbeduled Pnbllc Comment
(a) Daryl Estes said basically we just wanted to come in once again and mention the Golf Tournament
that we are going to put on by Positively Englewood. We would like to ask City Council and the City of Englewood
to consider joining us for that tournament on Monday, June 13•,
Jackie Edwards said this is our logo and we were wondering if City Council would send a foursome or two to our
Golf Tournament. We would really appreciate it. We are also sponsoring a bic~le drawing a month. She showed
Council a copy of last month's poster. She said a five year old girl won the first bicycle. We have had quite a bit of
response and so far we have eleven bikes lined up to give away ... one a month. The children have to write a short
essay on the back of these posters in order to win. but the essays aren'tjudged ... tbey are real cute though. Quite a
few of the businesses in Englewood have already signed up for sponsorship for our Golf Tournament. Most of them
are the car lots up and down South Broadway, surprisingly enough, and we have some printing companies and a few
of the restaurants. So, we have had some really good response and we are extending the deadline to this Friday to
sign up . So. we would really appreciate it if the City Council would send a foursome or two to play in our Golf
Tournament.
Mr . Estes left some brochure s for Council.
Mayor Garrett said thank you .
8. Communications, Procla-tJ_ons and Appointments
There were no co mmunications, proclamations or appointmcn:s .
9 . Consent Agenda
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT
AGENDA ITEMS 9 (a) (I), (II) and 9 (c) (I).
(a) Approval of Ordinances on First Reading
(i) COUNCll. BILL NO . 25. INTRODUCED BY COUNC IL MEMBER BRADSHAW
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Englewood City Counc:11
June6,2005
Pap3
A Bll..L FOR AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF A VICTIM ASSISTANCE LAW
ENFORCEMENT (VALE) GRANT FROM THE VICTIM ASSISTANCE LAW ENFORCEMENT BOARD OF
THE 18nt JUDICIAL DISTRICT .
(ii) COUNCil.. Bll..L NO . 21, INTRODUCED BY COUNCIL MEMBER BRADSHAW
A Bll..L FOR AN ORDINANCE AMENDING TITLE 5, CHAPTER 5 , SECTION 2, OF THE ENGLEWOOD
MUNICIPAL CODE 2000 , PERTAINING TO ACUPUNCTURISTS .
(b) Approval of Ordinances on Second Reading
There were no additional items submitted for approval on second reading . (Sec Agenda Item 11.)
(c) Resolutions and Motions
(i) A contract to purchase and installation of tile type carpet to replace existing carpet. in the
Library, !hat is worn and tom. Staff recommends awuding the contract to the lowest responsive bidder, Rcsoun:c
Colorado, Inc ., in the amount of$121.826.32.
Vote results:
Motion carried .
Ayes: Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn,
Woodward, Tomasso
Nays: None
IO . Public Hearin& lte-
(a) Mayor Garrett said this is a Public Hearing to gather public input on Council Bill No. 17,
approving proposed housekeeping amendments pertaining to Tide 16, Unified Developmcnl Code.
COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO OPEN THE PUBLIC
HEARING TO GA fflER PUBLIC INPUT ON COUNCIL BILL NO. 17, APPROVING PROPOSED
HOUSEKEEPING AMENDMENTS PERTAINING TO TITLE 16, UNlftED DEVELOPMENT CODE.
Ayes : Council Members Barrentine, Moore, Bradshaw, Garrett. Wolo&yn,
Woodward, Tomasso
Nays : None
Motion carried and the public hearing opened.
Senior Planner Langon, being duly sworn, said for your consideration tonight is Council Bill No. 17... proposed
a mendments to the Unified Development Code. The first reading was on May 16• and I have already submitted to
the City Clerk notice of thi s Public Hearing, published in the Englewood Herald on May 20, 2005 . The request
before you is to consider publ ic testimony on the proposed "housekeeping" amendments. as they have been known .
T h e adoption of the UOC last year was the first major rewrite of the zoning ordinance in about 20 years and it was
preny well understood. due to the volume of material that we consideml and worked on ... nearly 300 and IOIIIC
pages. that with the reformatting and updating of the Code, that we would have minor oversights and errors to
contend with, and thi s housekeeping measure is to address the omi ssions and clarifications thal we have idenliflOd in
the past year. In additio n, there are three areas that are new topics or new areas ... each one of them beina UIIIII and
it was deemed that they were not large enough amendments to liWld on their own and carry each one individually
through th e process . So that is why those three areas ... addition of internet sales to the allowed uses. projectiom ialo
th e setbacks and la pse of approval of cases ... are being added in and amended with this "hoosekeepiq" ~
W e have reviewed these a number of times ... at first reading and at Study Sessions. I will be happy to addral any
( questions.
Mayor Garren asked if there were any questions for Ms . Langon .
Counc il Member Woodward said I have one question. On page 21 under the Mechanical Equipmcal. a cinzca had
as ked me a question here in the last couple of weeks regarding a swamp cooler thal was beina illl&alled m die side
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Englewood City Council
June 6, 2005
Page4
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yard of a property next to theirs. Would a swamp cooler be included under I or 2? Ms. Langon said it is a small
scale mechanical, whether we call it an air conditioner or a swamp cooler. The idea is we have always allowed them
and what we arc doing with thi s amendment is codifying what we have handled by policy in the past. Mr.
Woodward said okay , thank you .
Mayor Garrett asked if there were any other questions for Ms. Langon. There were none and he thanked her.
Mayor Garrett said no one has signed up to speak at this particular public hearing. Is there anyone who would care
to address this issue? There was no one.
COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO CLOSE THE PUBLIC
HEARING TO GATHER PUBLIC INPUT ON COUNCIL BILL N0.17, APPROVING PROPOSED
HOUSEKEEPING AMENDMENTS PERTAINING TO TITLE 16, UNIFIED DEVELOPMENT CODE.
Ayes : Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn,
Woodward, Tomasso
Nays: None
Motion carried and the public hearing closed.
(b) Mayor Garrett said this is a Public Hearing to gather public input on Council Bill No. 19,
approving amendments to the Unified Development Code pertaining to front setbacks in the MU-B-2 Zone District.
COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO OPEN THE PUBLIC
HEARING TO GA TUER PUBLIC INPUT ON COUNCIL BILL NO. 19, APPROVING AMENDMENTS
TO THE UNIFIED DEVELOPMENT CODE PERTAINING TO FRONT SETBACKS IN THE MU·B·2
ZONE DISTRICT.
Ayes: Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn.
Woodward, Tomasso
Nays: None
Motion carried and the public hearing opened.
Senior Planner Langon. being duly sworn, said this public hearing is for Council Bill No. 19, the proposed
amendments to the MU-B-2 zone district front setbacks. I am filling in this evening for Senior Planner Marie
Graham who is out of town, so I will do the best that I c.an in answering your questions. May 16• was the first
reading on this issue and I have also submitted, to the City Clerk, notice of the Public Hearing which was published
in the Englewood Herald on May 20, 2005 . The issue before you is an amendment to the UDC to amend the front
setback regulations for the MU-B -2 Zone District. The original setbacks adopted in the UDC in February of2004 in
the MU-8-2 , were established at O to 5 feet. That was based on an Urban Design Team recommendation to create a
stro ng development edge along the commercial corridor by using buildings to create that edge. Over the past year,
si milar to the UDC "housekeeping" amendment, we recognized that the "one size fits all" concept doesn't work with
every si tuatio n. So with the help of the Planning Commission we have developed four situations where the O to 5
foot setback can be relieved. provi ded that the applicant creates a strong development edge using tools that wc have
ge nerated through either landscaping o r fencing or some type of vcnical clement that would create that edge that the
building would not. And those si tuations that we have identified, arc deep commercial lots .. .lots that arc greater
than 250 feet in depth; existing buildings that arc setback more than that Oto 5 foot that want to add on and increase
the size of their buildings; o r situations like a sidewalk cafc dining that would want to have cafc seating in front of
the building and the other would be drive-through uses . Those arc the only four areas that this amendment addresses
and o nl y in the B-2 area. The relief would be in the Oto 5 foot setback, only provided that the development creates
a strong develo pment edge and. again. by using landscape features and tree features, fencing or some other type of
vcnocal element that would be identified. These arc not being identified individually in the Code. because wc felt
th at there were myriad ways of addre ing thi. and rather than putting in hard and fast rules ... that it must be this,
thi s and thi s ... we wo uld have a pohcy where there were more options, that each individual development could be
considered on a separate and case by case basis.
Mayor Garrett asked if there 11,erc any question for Ms . Langon. There were none and be thanked her.
~1a)or Garren 1d no one has 1gned up 10 speak at thi s puucular public hearing. ls there anyone who would care
to addr th, 1 uc ? There"' no one
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Englewood City Council
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COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO CLOSE THE PUBLIC
HEARING TO GATHER PUBLIC INPUT ON COUNCIL BILL NO. 19, APPROVING AMENDMENTS
TO THE UNIFIED DEVELOPMENT CODE PERTAINING TO FRONT SETBACKS IN THE MU-B-2
WNE DISTRICT.
Ayes: Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn,
Woodward , Tomasso
Nays : None
Motion carried and the public hearing closed .
(c) Mayor Garrett said this is a Public Hearing to gather public input on Council Bill No . 20,
approving amendments to the Englewood Municipal Code Historic Designation.
COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO OPEN THE PUBLIC
HEARING TO GATHER PUBLIC INPUT ON COUNCIL BILL NO. 20, APPROVING AMENDMENTS
TO THE ENGLEWOOD MUNICIPAL CODE HISTORIC DESIGNATION.
Ayes : Cou nc il Members Barrentine, Moore, Bradshaw, Garren, Wolosyn,
Woodward, Tomasso
Nays: None
Motion carried and the public hearing opened.
All witnesses were duly sworn .
Senior Planner Langon said Council Bill No . 20 is amendments to the Historic Preservation ordinance, which is a
repeal of 16-6-1 I and the adoption of 16-2-20 in its place. The issue was first considel'ed at first reading on May 16,
2005 as pan of the UDC "housekeeping" amendments and at that time Council vOIC<I to remove the Historic
Designation section from the "housekeeping" amendments and consider it separately. I have also provided the City
Clerk with notice of this Public Hearing. which was published in the Englewood Herald on May 20, 2005 . Just as
background, in 1999 the Historic Preservation ordinance was established and that was a method to designate land
marks and districts and, with that ordinance, no restrictions for alteration or demolition were attached to the
regulations . In 2004 an issue of ambiguity was identified . The ambiguity was in the two terms ... application and
nomination. and specifically who had the authority to initiate an application. That was in late 2004 and in early
2005 Council directed staff to conduct a community meeting on historic preservation. That meeting was conducted
on February 23n1 of this year by Lauri Dannemiller. On April 4• she presented findings of that meeting at a Study
Session to Council and as a result. Council directed us to prepare amendments that addressed the ambiguity of the
terms . Application was the term that was chosen to be used and also Council reiterated that no restrictions affecting
alterations or demolition would be continued. Council also directed that we reform the regulations to be consistent
wi th the UDC and that is why Section 16-6-I I is being repealed and the section is being moved into Section I 6-
2 ... because it is a procedural application . So per your direction. we did move the whole historic designation process
into Chapter 2 ... the procedural chapter. We reformatted to match other procedural processes of the UDC. We
clarified the ambiguity and chose the term "applicati on" and we provided consistency with all othi:r UDC procedural
applications regarding who can initiate an application and that is consistent now with all others in 16-2 -3, so that an
applica ti on is able to be submitted by the record propeny owner or someone designated by the property
ow ner ... s uch as a purchaser who has authority to do so, an agent of record of the owner or if the ordinance
designates a parti c ular party as having that authority . No other substantive changes have been mad e an this is just
basi call y a clean up and an update per the previous code without substantive changes.
Ma yor Garrett asked if there were any questions for Ms . Langon.
Co unc il Member Barrentine said who arc you referring to when you do the commission review, who is the
co mm issio n? Ms . Lango n said the Planning and Zoning Commission .
( Co uncil Member Tomasso said if the propeny is owned by an insurance trUSt, who would be determined to be the
owner ? Ms . Langon said the trust would generally have wme officer or whoever would have that authority.
Someone wo uld ha ve the authority. Mr . Tomasso said this ordinance docs noc allow citizcm of Enalewood to
pam c1pa1c m the desig nati on as an individual ciuzcn, only the pi:opcny owner? Ms . Langon uid that is correct.
And . Mr . Tomasso sa id , 11 gives no protec1ion to the City from outside/out of stale intcrcsu that have no connection
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Englewood City Council
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to the City? At that point, if an out of state corporation owned a property that was deemed historic by the citizens of
the City, that property could not be preserved as historic property if the corporation determined they had other
financial interests? Ms. Langon said that also is correct.
Mayor Garrett asked if there were any additional questions for Ms. Langon.
Council Member Woodward said under 16-2-20 (A) (2) it says "develop and maintain the appropriate environment
for such building structures, etc ." What exactly docs develop and maintain mean? Ms. Langon said again this was
original wording from the 1999 ordinance. I am not exactly sure of the intent of "develop and maintain the
appropriate environment of such buildings." It is probably just the general concept to preserve and protect the
buildings. Mr . Woodward said okay, but I guess it still doesn't clarify that for me. He said under age criteria. (H)
(1) (a) ... and this I understand is moved again from the current 1999 ordinance ... what is the importance of the 50
years? I mean I understand that for a building, but for something of historic significance, a happening or something
like that. I don't understand why 50 years would be important. And just as an example and putting an example way
out there ... thc site of the 9/1 I terrorist attack certainly, in my opinion, would have historic significance and I don't
understand why we would wait 50 years to proclaim that. Ms. Langon said the 50 year mark was patterned after the
National Register of historic places. They use a 50 year mark and I think probably when this was vrfi.ncn in 1999,
the idea was to preserve a building or a district and perhaps not farsighted enough to see what might happen in
historically significant areas maybe less than 50 years old. It is a number and certainly something that can be
adjusted . Mr. Woodward said here is another example that I would throw out there. The site that we arc currently
on, when it was the Cinderella City site, Cinderella City being one of the first large shopping centers built in the
country ... at one time I believe it was the largest ... without having any type of thoughts to preservation or anything,
I can certainly see where this could be a historic site, a site where a plaque or whatever would say that this was the
site of Cinderella City, now in its third generation ... from the City Park and then Cinderella City to City Center
Englewood. So I guess the 50 years is what I have opinions about. Thank you .
Mayor Garrett asked if there were any other questions for Ms. Langon. There were none. He said thank you very
much .
Don Roth, 2830 South Sherman. said I too have a problem with the 50 year issue. The whole ordinance really
doesn't do anything, ultimately. It doesn't even. as far as I can see, give you the right to even put up a sign IO
designate your property as historic , but it seems, with the 50 year rule being a requirement. plus some of the others,
it doesn't make any sense. Yesterday was history you know, as Council Member Woodward pointed out. I think if
we keep the 50 year rule in, it should be demoted to being one of the criteria. This is what I had suggested once
before ... that you have three o ther criteria ... now technically four ... and that if it meets two of those. it should be
good. I don 't think we need to be that stingy with it. Any application is probably going to have to survive two
Public Hearings and two votes by two different bodies. so it seems like there would be plenty of room to weed out
any unwo rthy candidates.
Mayor Garrett thanked Mr. Roth .
Diane Wray-Tomasso. 3058 South Cornell Circle, said I am here tonight to urge City Council to vote against these
changes to the ordinance. We certainly don't have an ordinance of any meaning at this point in time. I think we can
all agree on that. lt is empty. It has no functionality in practical terms or in any kind of cultural terms or community
terms . However, th e one thing it does have, tl\at the proposed new ordinance doesn't, is some ambiguity. And I
think that th e best thing we can do at this point, rather than go in and vote in a new ordinance that is complclcly and
totally useless. that al least we can preserve an ordinance that has some ambiguity in tcnnS of who c.n submit an
application. 1 think everyone knows that I am the individual that s ubmitted the application for the First Federal. now
Commercial Federal Bank. The assumption that came out of that process is that no property owner would ever be
mtercsted in hearing a Public Hearing o n their property. That is the assumption that Council made when they made
that recommendation to staff to remove the ability of any citizen, who is not an owner of a given properry. to submit
an application. I don 't think that that assumption should be made of all owners. I think. for example, if a citizen or
a group of public citizens came together and presented a local landmark application for the Colonial Bank. for
example, or our nationally significant Federal Post Office, for example. or any number of interellina districts ... Ans
and Crafts Districts. individual homes that we nught discover throush rcscarch over time. I don't necessarily see a
su uauon where every single propert y owner would run reaming to the bank like Commercial Federal did. I think
there is an opportunity in our community for someone like Colonial Bank to say .. .! want IO listen to whal the
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community has to say . I am interested to sec that citizens of the community in which we arc a member have come
forward and said, the building that we own is important to that community and we arc interested and anxious to have
that Public Hearing so we can hear from the members of our community. The existing ordinance, though bankrupt
on many levels , docs maintain that option by allowing both the property owner and the citizen to bring an
application forward . Now it also continues to maintain that that property owner may refuse to have it posted ... as
Commercial Federal did ... which completely eliminated the possibility of designation , because the Public Hearing
could not be held. But it also holds open the opportunity that a sensitive property owner, who cares about their place
in this community, could participate in a public community process that includes a hearing and possible designation .
So I would urge you to vote against this change in the ordinance, which my understanding would lead me to believe
that this would allow the existing ordinance to stand as is, until such time in the future that we make some progress
as a City in better recognition of what historic properties mean to our future, to our children and to the community at
large . Thank you .
Mayor Garrett thanked Ms . Tomasso.
Mayor Garrett said no one else has signed up to ~'JlCB-"· Is there anyone else who would like to address this particular
issue during this Public Hearing? There was no one .
Council Member Wolosyn said before we close, I wonder if we might enter this item from Alex Habenicht into the
public record .
Mayor Garrett said there is a letter we received from Alex Habenicht opposing the proposed changes to the
ordinance that we would like to enter into the Public Record .
COUNCIL MEMBER WOWSYN MOVED, AND IT WAS SECONDED, TO CLOSE THE PUBLIC
HEARING TO GATHER PUBLIC INPtrr ON COUNCIL BILL NO. 20, APPROVING AMENDMENTS
TO THE ENGLEWOOD MUNICIPAL CODE HISTORIC DF.slGNATION.
Ayes: Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn,
Woodward, Tomasso
Nays : None
Motion carried and the public hearing closed .
11. Ordinances, Resolution and Motions
(a) Approval of Ordinances on First Reading
(i ) Director Kahm presented a recommendation from the Englewood Transportation
Advi so ry Committee (ETAC) to adopt a bill for an ordinance increasing member terms for ET AC from two years to
fo ur years and to increa se officer term s from one year to two years . He said I am an ex-officio membe.r of
(ETAC) ... En glewood Transportation Advisory Committee . Council established that Committee in 2001 and this
co mm itt ee ha s actuall y become very effective in dealing with transportation 'issucs in the community . And, I am
kind of exci ted to be here this evening because in January of this year the ET AC committee members vOICd
unan imo usly to pass motions to ask to have terms for members and for officers increased ... members from two years
to fo ur years and offi cers from one year to two years. They thought the longer terms would provide more continuity
fo r th e projec ts that the y arc working on and staff supports that very much . So this evening we arc asking for an
ordin ance that wo uld increase those members terms and officers term limits .
May r Ga rrett as ked if t~rc were questions for Mr . Kahm . There were none . He thanked Mr . Kahm .
Council Member To ma sso said this basi call y would allo w the current board members to sec projects through the
lo ng ter m. since a I t of the se projects take fairl y lon g or the y had up until Rick stepped in to fill the void there and
sorncumc "°"'· they onl y tak e <b ys .
O UNCIL MEMBER TOMASSO MOVED. AND IT WAS SECONDED, TO APPROVE AGENDA ITEM
11 (a l (I)· CO NCIL BILL NO. U.
COU CIL Blll O 21 . INTRODUCED BY COUN CIL MEMBER TOMASSO
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A BILL FOR AN ORDINANCE AMENDING TITLE 2, CHAPTER 12, SECTIONS 3 AND 6, OF THE
ENGLEWOOD MUNICIPAL CODE 2000. PERTAINING TO THE TERM OF THE TRANSPORTATION
ADVISORY COMMl1TEE.
Mayor Garrett asked if there was any discussion . There was none .
Votermalb:
Ayes :
Nays :
Motion carried.
Council Memben Bammtine, Moore, Bradshaw, Garrett, Wolosyn,
Woodward, Tomasso
None
(ii) Housing Finance Specialist Grimmett presented a recommendation from the Community
Development Dcpartrncnt to adopt a bill for an ordinance approving Amendment No. 2 to the Intergovernmental
Agreement for the HOME Investment Panncnhips Program between Arapahoe Coullly and the City of Englewood.
She said that program funds specifically the housing rehab program. Amendment No. 2 is just going to incn:ue the
amount of dollars that wc arc receiving from the original amount in the contract of$ I 00,000.00, that was revised by
Amendment No. 1. to S 150,000.00, now to be revised to a total of $300,000.00, thereby increaaing the total number
of homes that wc will do under that agrecmcm to a total of 25 . We have already completed 13, IO this will just
approve an additional 12 and wc will have 18 months once wc have received the funding to complete those projects.
So that is really the only changes to the agrecmen!. Everythin& else aays in place. The contract will be eittended to
accommodate the additional eighteen months, once the amendment has been approved .
Mayor Garrett asked if there were any qucsuons for Ms. Orimmca.
Council Member Woodward said I have a qlation. I certainly support this. Under die Project Budpt. anachcd to
Amendment Number Two, Column A here "1hc adminislnlive eitpensa and die line i1Cln in Column B is
SI 00.000.00 ... so wc have S 100.000.00 of adminillnlive COil. u I undenland this. and for die 25 tehabililalion
loans totally $420.000.00. Sou I underaand it, it COiia $100,000.00 to adminiltcr $420,000.00? Ms. Orimmca
said what it is doing is identifyina the aaff costs that wc have ... our complete umiea. benefiu and everythina lbal is
involved with the entire proanm. So. primarily for the two aaff penona ... myself and die COlllll1ICtion specialill
and any intcmal support 5taff ... the secrewies, our Dira:tor, that type oftbilll, is all kind of atimlled • lumped
together to rqnscnt that . It i noc intended to be an euct dollar IIIIIOUIIL It is jllll reprelCIIWive of wblt.
approximately it would cost. It is an annual budaet We do averqe about lhal alllOld. 111 it is rouply a &ood
estimate for what the total administnlive cost would be to opcrale the proaram. Mr . Woodward said oby, that
clarifies it. 1 guess on the surface, for me. ii seems that that ICCffl5 IO be a hi&h administnlive number. Ms .
Grimmett said the adminisuative numbers are total for the entire bousin& rehab program. Mr. Woodward said okay.
She said it is not specifically just for this $300,000.00 a,ant. The additional administralive COIII allO support the
line of credit that we receive from Vcctra Bank . It allO is included in administcrin1 Ille Community Development
block grant fund s. plus any other funding tha1 we misht receive . So it i jUll repraenwive of wbal it really COIII
administratively to roughl y accomplish 25 projects, which Is our annual avensc . BIii with that, rcalislically. we arc
probably producing close to a million dollars in rehab ... noc just this $400,000.00.
Council Member Bradshaw said so you can add thole totals across Ille boa.om. Ms. Orimmca said tllat is just
represen1ing wha1 will be done with th is particular project. Ms. Bradshaw uicl 10 per cea& ... I don't know wbo bu
administrauve costs at 10 per cent . And Ms. Grimrncn said, wbal we are llllowina here is j1111 pan of lhe
budget ... representing that we are asking for the $30,000.00 in adminillnlive funds dllt will be leimbuned IO the
Ci1y 10 uppon the to tal grant of $300,000.00. We will draw down the $30,000.00 ud dlOlc IIIOlliea will be retumed
10 the General Fund .
Ma yor Garren asked if there were any addnional questlOIIS There wae IIIOIIC.
COUNCIL MEMBER BRADSHA \\' MOVED, AND IT WAS SECONDBD. 10 """°VE AG
11 (a) (U) • COUNCIL BILL NO. 23.
COU CIL Bill NO :! . INTROD UCED BY COUNCIL MEMBER BRADSIIA
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A BILL FOR AN ORDINANCE APPROVING AND AUTHORIZING AMENDMENT NUMBER TWO TO THE
FEDERAL HOME INVESTMENT PARTNERSHIPS ACT AGREEMENT BETWEEN ARAPAHOE COUNTY
AND THE CITY OF ENGLEWOOD, COLORADO .
Mayor Garrett asked if there were any comments or discussion. There was none.
Vote results:
Motion carried .
(b)
Ayes:
Nays:
Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn,
Woodward, Tomasso
None
Approval of Ordinances on Second Reading
(i) Council Bill No . 14 approving amendments to the Englewood Municipal Code pertaining
to Fences, Walls and Visual Barriers of the Unified Development Code was cor.sidercd .
COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM
11 (b) (I)· COUNCIL BILL NO. 14.
COUNCIL BILL NO. 14, INTRODUCED BY COUNCU. MEMBER BRAOSHA W
A BILL FOR AN ORDINANCE AMENDING TITLE 16, CHAPTER 6, SECTION 6, OF THE ENGLEWOOD
MUNICIPAL CODE 2000, WlilCH PERTAINS TO FENCES AND RETAINING WALLS.
Mayor Garren asked if there was any discussion.
Mayor Garrett said my discussion has been consistent. I am opposed to having it rcquiral to be one foot back from
the sidewalk. When I tour around the City, we have a lot of what I would call nonconforming properties and I am
worried that all of a sudden we could have some additional expense if wc made it at the one foot level, which is
recommended by this particular ordinance.
Council Member Bradshaw said that is on page 13 . It is (H) (2): Retaining Walls Adjacent to Public Sidewalks: All
retaining walls shall be located on the applicant's propcny, but no closer than one foot behind any public sidewalk .
She said that is a maintenance headache . I just wondcrcd ... and I certainly am not taking our City Attorney's
spot...but some type of wording likc ... this may be waived by the Director of Public Works. with a sign off by the
propeny owner for damage caused by street and sidewalk repair or something to that effect. Mr. Garren said more:
like the casement agreements we have been executing . Ms . Bradshaw said right. so I don 't know what verbiage wc
need there. but that is what would meet my needs . If the propcny owner is willing to say .. .look if you have to come
in and fi x my sidewalk and I put thi s wall up to the curb. I will assume any responsibility for damage to that . I think
we have so fe w properties that thi s is going to affect that I would rather see that , than a foot of weeds ... or what
so me people do is put flag stone down , but that doesn 't help if they aren't putting in a flagstone wall. It is almost a
takin gs. is what I am seeing ... taking a foot of their propcny that they could use for something else.
C11y Au omc y Brotzman said arc you looking at just the retaining walls al one foot or arc you alio looltina al fences
at one foot? Ms . Brad shaw said both .
Co uncil Member Toma sso said the problem I see is with the Hollywood curbs and you have a pickup truck with the
big mirrors. parked next to the curb. and a fence up against that sidewalk. you 've got a foot between the mirror and
fence 10 ge t do wn the idewalk . Ms. Bradshaw said Hollywood curbs were never meant for people to walk on. I
don't th ink . Mr . T omasso said yes. but that is what you havc ... you have handicapped ramps lcadina up IO that
1dewa lk. so meone with a sc ooter going down the sidewalk on their scOoter , the y can't get between the mirror and
the fe nce and you ha ve created a barrier for the handicapped person. If you ha,·c a kid riding a bicycle on the
1dc walk , he has the sa me problem .
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Council Member Wolosyn said can it be provided that the sidewalk meets ADA requirements, because aren't there
ADA standards for sidewalk widths and things like that? Can't there be another proviso?
Council Member Bradshaw said so providing the sidewalk meets the ADA requirements? Ms . Wolosyn said that's
right. it has to meet ADA requirements .
Mayor Garrett said what I worry about is that we have a lot of properties that are right on the sidewalk line and these
retaining walls or fences have been there for a long time. They could go at any time, as we know, as they get older.
So then all of a sudden we say you can't really replace it anymore, you have to cut back all your property in order to
make this one foot barrier.
Council Member Tomasso said you are going to have to cut back the property anyway to meet the new standards of
retaining walls with the drainage behind them, with the gravel behind them and the new slopes ... because they are
required to have a slope to them , they can't be really straight up and down anymore and you have to have the gravel
placed behind them with the drainage and the water flowing through the wall.
Mayor Garrett said that is another extra foot that you take to make that happen .
Council Member Tomasso said so anytime you replace one you have a big headache anyway if you've got to meet
the new Code on this .
Mayor Garrett said I would move to support Bev's amendment on sort of what I call the "owner beware" .. .if they
would choose to do that that they understand the consequences of that action.
MAYOR GARRE'IT MOVED, AND IT WAS SECONDED, TO AMEND CB 14 BY ADDING AN OWNEK
WAIVER FOR F-(c) (4) AND H-(2).
Council Member Bradshaw asked City Attorney Brotzman if he bad the words for this. Mr. Brotzman said what you
are looking for is an owner Wlliver for F-(c) (4) and H-(2). Ms . Bradshaw said that is right.
Council Member Wolosyn said are there legal standanb for the width of sidewalks? Mr. Brotzman said we have
varying sidewalks throughout the City . But, Ms . Wolosyn said, there aren't any Federal ADA requirements? Mr .
Brotzman said except those are as they come in and as we work on the sidewalks. The problem is we have a lot of
old si dewalks that won't have to meet those requirements for quite some time. Ms . Wololyn said isn't that the same
with retaining walls ?
Mayor Garrett said, as you replace one little section of a sidewalk, you aren't going to change the entire sidewalk
through that entire line. You are probably going to put it back pretty much the way it was. You will, then, have one
piece of sidewalk in the middle of the block that is wider than everything else. I don't think we are doing that. Ms .
Bradshaw said that is a bigger hazard . (Someone stated we are not doing that.) Mr. Garrett said our sidewalks are
what they are . I don 't thing they are going to change a whole lot.
Mayor Garrett said wc have an amendment on the table and just so that everyone knows it, if wc pass this
amendment this again becomes first reading for this particular ordinance .
Mayor Garrett asked if there was any furthe r discussion on the amendment . There wu none .
Voaerautu:
Ayes :
Nays :
Mouon carried .
Council Members Bam:ntine, Moore. Bradshaw. Garrett. Wolosyn.
Woodward, Tomasso
None
Co uncil Member Bradshaw said I ha,e another thing . She said apin we are talkin1 aboul less tban 16 feet ... and
Tn 1a maybe you can help us out on th1 one So 1f they are replaclllJ ptekets and po1t1 less dlan 16 feet. !hey don't
need a perrm t. Wh did they decide on 16 feet " M . Lanaon Slld 16 feet wu bued on the U-lcnpof1wo
ence liCC t1 n • 1nce they generall y ome 1n foot 1ee11ons. M . Bradshaw said oby. M Lanaon said you rould
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easily buy an 8 foot section at a Home Depot or such place . Ms . Bradshaw said so it could be 24 feet? I just
wondered if anybody had an issue with the 16 feet. Some of our lots arc 37 feet wide .
Council Member Wolosyn said I remember in the minutes ... during this particular discussion in Planning and
Zoning ... and everyone wasn't in full agreement and the first thing on the table was 8 . Am I right? And then
somebody suggested 16. Ms. Bradshaw said arc we talking about the frontage, right across the front with this or any
fence? Ms. Langon said any portion of the fence. Ms . Bradshaw said I would rather sec something such as ... if you
arc replacing more than 50% of an established fence .
Council Member Tomasso said well this allows you to do 8 feet one weekend and 8 feet the next weekend and 8 feet
the next weekend . Mr . Woodward said it allows you to do 16 feet one week . Mr. Tomasso said it says less than 16,
so you can do 15 feet ... o~ 8 foot section each weekend .
Council Member Bradshaw said I don't know what Council feels, but I think we can over regulate .
Council Member Wolosyn said so you think a percentage would work? Mr . Bradshaw said I'm thinking if they arc
doing more than half.
Council Member Woodward said that would be a lot of fence if the whole backyard was enclosed.
Mr. Tomasso said this allows you to replace a small section, if you have a windstorm or a tree takes out a small
section, without having to get a permit for the entire fence . But, if the whole fence goes, you can only do an 8 foot
section at a time , without getting a permit every weekend . You know , one section a weekend until you arc done.
That's the loophole of it .
Council Member Bradshaw said it was a thought. One of my neighbors was questioning me about this. Mr.
Woodward said you know. I agree with you Bev, I would like to sec more than 16 feet. I don't quite know "(hat that
number is ... 50% seems like an awfully large number to me. but having just very recently. within the last two days,
replaced fence posts .. .I would be more in favor of three sections or four woulcl even be better. Ms . Bradshaw said
well I just looked at what was taken out and it was very ambiguous ... if it says substantial alteration or
expansion ... and we are goi !l g from replacement of all. for a complex repair . And why wasn't that good? It is just a
question. she said, because that is pretty specific .
Mayor Garrett said I think they were just going to assure measurement standard, because that is easy . Ms. Bradshaw
said I know that is easy, but I am also thinking that putting in a fence is very expensive and to add a permit fee on
top of that. . .if it is just a replacement. Mr . Woodward said especially if you are just replacing posts . Ms. Bradshaw
sai d do you have to ha.ve 16 feet of posts? Mr. Woodward said it says such as replacement of individual pickets ,
posts or less than 16 feet of fencing material. Mr. Garrett said you don 't need a permit to replace posts. Mr.
Woodward said okay. Mr . Garrett said it says when you don 't need a permit and that is if you are doing posts, you
don 't need a permit. Mr . Woodward sai d okay, I'm sorry , I misread that then .
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO RESTORE THE
ORIGINAL LANGUAGE TO 16-6-6 (B) (2) (b) AND ELIMINATE THE NEW LANGUAGE.
Mayor Garrett asked if there was any disc ussion.
Co un ci l Member Moo re sai d I would like clarification on what was there before . I want to make sure I'm reading
thi s right. Even if you did replace an 8 foot section of fence wouldn't you then be subject to the review, under
number 2. Ms. Bradshaw sa id yes the review but not, oh I sec ... but this says a permit and zoning site plan review .
She said see thi s adds the term , permit. the new wording and the other was just a site review .
Council Member Moore said do we agree that even if you did 8 feet under the old wording you would be subject to
at least the review. Mr . Tomasso said yes. you would have to have the review if you replace 4 feet. Ms. Bradshaw
sai d nght , so that is the relief. If they do less th an 16 feet. then that is the relief...that they don't need to have a
zo ning si te plan review. My concern is that we asking them to get a permit and we want people to 1..,:ep up their
property. We want them to improve their fences and maintain them . 11 almost sounds like a penalty t me when we
talk about a permn .
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Mayor Garrett said the trouble I have is anything you do requires a wnina site plan review and dial IO me sets too
burdensome for a small section of fence. to go back 10 the old lan1uaae. or ii could be i'*'l'pnted that -y. Ms .
Bradshaw said lhen could we strike "a permit and" ... just say "zonina and site plan review is IIO( required for simple
repairs" and just get rid of "permit". Mr. Garrett said so you don ·1 ...-a permit for any fcace? Ms. Bndsbaw uid
no . Ms. Wolosyn said then what about enforcing the fence malcrials. Ms. Bradshaw said I don't know. it just seems
punitive.
Council Member Tomasso said it is the same thing as a buildina permit. You gct a building permit to build a fence.
so you build a fence in an appropriale manner ... your footings are deep enough to bold a poll up in a windstorm of
60 or 70 miles an hour. so that they don't fall and hit 1omcbody. so it is lhe samc lhina as SCftinl a buildina permit
or pourina a concrete slab. at that poin&. if you are l(ling 10 build a whole new fence. replace the enlire fence. This
s«UOl'I hen is pvina you relief if you have one rolled poll and you are n=placillg one post. you don't have to get a
penni1 IO do the whole job. Ir you have a couple of sections thal ue roacd or fallina OUI or one major Slringer board
lhal IS gone. you can replace that .
Ms, Bradsllaw said on page 2. (2) (l>) ... "permit and'" -added IO dial. Ms . Woloayn said you know the one
pnctiCal INlh abour 1h15 is that you can do 16 feet and then 16 feet ... or 15 . IS.999 . Mr. Moore said an alternative
that maybe wwks for me is teepin1 the WOfdina. but chansilll the 16 IO 25 so that it clearly bu three panels in
tllcrc . T1'lt p..es • a bttle more lalitude. I think die permit has ~ value in that if IOllleOne is png 10 invest a
sul11umal-,n die miovabOII. al least lhis-IMl lhey don't waSle their -Y· I know the review
n»gk do 11. but tlle idea of lhe pcnnil actually may help raise •--and if they are ffldoing their whole yard.
<>1t •• 10 IIIMe sure that they are IIO( doing somctllina thal they shouldn ·1.
Ml' T~ said and also if somebody is pulling up a 10 or 12 foot fence and then finding out they have to cut off
lhc kip 4 or S flct ol ll. takina it back down to -the zonina SlaDdlldl and abo require& you ID file the plan if you
are cto-, aie co,-, ClllS. H you have a c:omer toe. doins die alley. you have to have lbal comer lite plan so
~ COlllilll our ol the alley will -odler can. If you don't file for the site plm. if you don't have ID go in
and gct Ills -• appnwal. you cnuld ,et •-Y widl puaina a square comer on there .
M . Bradsllaw said~ honor. I call the quelOOII.
Mayor Garren said on lhe table IS an amendment which would restore the original language under B and eliminate
or noc use the ne"' lanauaae that is Wldencored.
V•~
A)tt Council Members Barrentine, Bradshaw
Nay · Council Members Moore. Garrett, Wolosyn, Woodward, Tomasso
OONCIL MEMIU MOOllE MOVED, AND IT WAS SECONDED, TO CHANGE 16-6-6 (B) (l) (b) "OR
L THA ilX'A.Ui FEET" TO "OR LF.SS THAN TWENTY ·DYE FEET."
Ma Oanett ed 1f there "' any d, ion.
,0
id this make more sense.
Council Members Banentine, Moore. Bradshaw, Woodward
Council Members Garrett. Wolosyn. TomasM>
"'~on I I mooon which 1s 10 approve 11 (b) (i), which is Council Bill No. 14.
d,: 1th the 11,-aa,er and the other dealing with changing the 16 to 25 feet .
IOII on tlu parttcular item . There was none .
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Vote results on motion to approve Council BID No. 14 as amended.
Motion carried .
Ayes : Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn,
Woodward , Tomasso
Nays : None
(ii) Council Bill No . 15 granting a utility easement to Public Service Company of Colorado
for installation of new overhead high voltage power lines at 2900 South Platte River Drive was considered.
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM
11 (b) (U) • ORDINANCE NO. 19, SERIES OF 2005.
ORDINANCE NO. 19, SERIES OF 2005 (COUNCIL BILL NO . 15, INTRODUCED BY COUNCIL MEMBER
WOLOSYN)
AN ORDINANCE GRANTING A UTILITY EASEMENT TO PUBLIC SERVICE COMPANY OF COLORADO
(dba Xcel Energy) FOR INSTALLATION OF POWER LINES AT 2900 SOlITH PLA 1TE RIVER DRIVE
(Littleton/Englewood Wastewater Treattnent Plant).
Mayor Garrett asked if there was any discussion . There was none .
Vote results:
Ayes : Council Members Barrentine, Moore. Bradshaw, Oarmt, Wololyn.
Woodward, Tomasso
Nays: None
Motion carried.
(iii) Council Bill No . 18 approving the License Apeement and Temporary ec-nc...
Easement with Qwest Corporation for installation of PVC conduit for a fiber optic line for illlel'llll ssvice -
considered .
COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO AppaOV£ AGINDA
ITEM 11 (b) (ill) • ORDINANCE NO. 20, SERIES OF 2005.
ORDINANCE NO . 20, SERIES OF 2005 (COUNCIL BILL NO . 18, INTRODUCED BY COUNCIL M&mER
BRADSHAW).
AN ORDINANCE APPROVING A LICENSE -CITY DITCH CROSSING AGREEMENT BETWEEN THE CffY
OF ENGLEWOOD, COLORADO. AND QWEST CORPORATION R>R A 2" PVC CONDUn' CROSSINO Of
THE CITY DITCH .
Mayor Garrett asked if there was any discussion . There was none .
Vote results:
Ayes : Council Members Barrentine, Moore. Bradlhaw, 0.-. Wok»yn.
Woodward, Tomasso
Nays : None
Motion carried .
(c) Resolutions and Motions
(i) Director Fonda presenled a reronm.lldlliae &c,a * ~ ...._
Treatment Plant (lJE WWTP) SupervilOI')' Commiaee IO appo;,c, by--. a~ 110 ~a ..... ...
and roadway improvements at the (lJE WWTP) BIOIOhds F.._ n. Coaaille NCQ ft ...... ..
contrac t to the lowest re sponsive biddcf. Techllok>Jy COIIAl'IIC10n. • .. -ol S.., 1-'n.GO He llid -..
recommending this pt<,J...C t. In the past we have bettl able., N ---.,onni)'--. •a.-
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f..aalewood City COUDdl
J-6,2005
Pase 14
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weather. This is a project that we have had on the drawing board for a long time, but with the construction of the
new facility we will not have adequate space to store on site and so in preparation for the winter we would like to get
these roadway improvements made. When there is foul weather we simply can't get there. It is a very heavy clay
soil. And also building the storage pad lakes the storage out of the City of Englewood and therefore would eliminate
any potential for odors.
Mayor Garrett as '.eel it'lherc were any questions for Mr. Fonda.
Council Member Woodward said this is a paved road and a storage pad? How long is this road? Mr. Fonda said it
is 1600 feet . Mr . Woodward said it comes off Highway 36 then and it just goes to this storage facility? Why do we
Med IO have that paved? I mean as opposed 10 a gravel road. We are the only ones utilizing ii. Is that correct?
Mr. Fonda said the paved road goes to the storage pad and the gravel road, I believe, goes to the maintenance barn,
but the lrUCks are extremely heavy and so I am not sure that the gravel would be adequate.
Mr. Woodward said okay so that is why you are asking for paving, because of the traffic that would be on it I see.
Mr . Fonda said these are 18 wheelers.
Mayor Garren asked if there were any other questions for Mr. Fonda. There were none.
COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE 11 (c) (l). A
CONTRACT TO CONSTRUCT A STORAGE PAD AND ROADWAY IMPROVEMENTS AT THE (IJE
WWfP) BIOSOLIDS FARM. THE COMMITIEE RECOMMENDS A WARDING THE CONTRACT TO
THE LOWEST RF.sPONSIVE BIDDER, TECHNOLOGY CONSTRUCTORS, IN THE AMOUNT OF
$451,573.00.
Mayor Garren asked if there was any discussion. There was none.
V Ok l"ftllba:
Ayes: Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn.
Woodward, Tomasso
Nays: None
Motion carried .
12 . General Discussion
(a) Mayor's Choice
Mayor Garrell did not have any mailers lo bring before Council.
(b ) Council Members' Choi ce
(i) Council Member Barrentine:
I . She said I had an opponunity at the bike drawing to attend the opening of Pirates Cove. Then -a lot of
people there . My son had a great time. We stayed for awhile and just enjoyed that a great deal .
2 . She said I want to remind everybody about the Golf Tournament on the 13*. We have approll.-ty 60
paid for s pots for this to urnament already . It would have taken 144 . We are a little disappointed. bul it• '9l1liel
belier participation than they expected . Golf tournaments are down a little. However, we have raill y hid a
o utpouring of sponsorship and s uppon for this . in just the shon period of time thal we did it. I -very~ ol ...
co mmittee and our co mmunity. It should be fun on the 13'".
(ii ) Council Member Moore said Council Member Bradshaw and Mayor o.n...1 .-W
to thank you ~ r your editorial in the paper. I think it will help clarify our ordiDIIICC and alto clan lht ...
goes into creating an ordinance. I just wanted to thank you for your efforts on tbal.
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Englewood City Councll
June6,2005
Page 15
(iii) Council Member Tomasso said the Old Town Merchants Association is moving forward
with their Cruising Englewood Car Show and it is going along well. They arc talking among themselves and talking
with some other people about setting up a special taxing district for themselves so that they would, in the future, be
able le have an organization that could lead this, as opposed to being individuals putting it together. He said it
would be a property taxing district that they would set up and would work like North Cherry Creek. Ms. Bradshaw
said so it wouldn't be a Business Improvement District? Mr . Tomasso said no, it wouldn't be a Business
Improvement District. It would be a taxing district and it would have officers . So they arc investigating that at this
point. The car show has expanded and added to growth for this community already. It is going along well.
(iv) Council Member Woodward:
I. He said on Saturday KEB will be having another Good Neighbor Days ... handing out the Waste
Management coupons. That will be down here from 10:30 until I2:30 at the City Center.
2. He said I just wanted to mention that I will be participating in the Golf Tournament next Monday. I do
believe in the mission and the scholarship program for the youths . So I just wanted to say that I will be a participant .
(v) Council Member Wolosyn :
1. She said on Saturday I came down and handed out Good Neighbor certificates. I think I had 10 or 11
people come out in the pouring rain to get them and thank us . They do it every year and they think it is a great
program. If anybody doesn't know, it is $20.00 off of existing fees to get rid of old stuff and refuse around your
house .
2. She said the other thing I have is that Jackie just showed us a logo and it looks as if Englewood's logo was
actually incorporated into Positively Englewood's. When we gave permission to use the logo I thought it was to
denote that Englewood was a partner in something and then it would be used much the same way we always sec that
logo used in partnerships. I didn't think it would be incorporated into a logo and I hope it isn't, because I think that
really isn't what our ordinance or our policy governing the logo allows. You know we don't do that. The logo
represents the City and I was told, in no uncertain terms early on, that it should not be incorporated into other logos.
I just wanted to express that.
13 . City Manager's Report
City Manager Sears did not have any matters 10 bring before Council.
14 . City Attorney's Report
City Attorney Brotzman did not have any matters to bring before Council.
•••••
Mayor Garrett said Council would adjourn and move into an Executive Session regarding union negotiations that
were not discussed earlier.
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PLEASE PRINT
NAME
PUBLIC COMMENT ROSTER
AGENDA ITEM 7
DATE: June 20, 2005
ADDRESS f file,
. r-----...:.__;__..:___...!.......,--..:;-~....;___--1-.:,;_--.:.__....,......,.,.:""""'"".._
~~ ~ .......... ..
"' • •• -~. • • •• .,~. ""W • r r .
~
; JUN -9 2005
<t&~
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~~~~~
~~
4~~7 5. A~~->
~4-'l,
~l(OgOllO
Susan Werntz
From:
Sent:
To:
Subject:
Thanks, Anthony.
SW
Susan Werntz
Tuesday, June 14, 20051:41 PM
Anthony Fruchtl
RE: Resignation
-----Original Mesaage-----
From: Anthony Fruchtl
Sent: Tuesday, June 14, 2005 1:23 PM
To: Susan Werntz
Subject: FW: Resignation
~lease accept Ernie Arterburn'• resignation.
Anthony
-----Original Message-----
From: Eric Crotty [mailto:ECrott~vispartner.com)
Sent: Monday, June 13, 2005 1:40 PM
To: Anthony Fruchtl
Cc: Olga Wolosyn Home Account; dgehricherrycreekschools.org; lolaonidu.edu;
chumphreigutfeelings .com; Jilll'Woodward Work Account; sslserviman.com;
vpasseriniimurrayhillcompany.com
Subject : Fwd: Resignation
>.nthony,
I just got this . We have another opening on the cOlllllisaion. I copied almost everyone. but
I don't have Scott or Michael's addresses at hand.
Eric
>>> "Ernie Arterburn" <erneaticsecu.org> 06/13/05 Ol:32PM >>>
Eric,
Please accept this email as my resignation from the Keep Englewood
Beautiful coomission. I don't feel that I am the right fit for this
position. I would appreciate it if you would tell the coaaission that I
am resigning due to family events conflicting with the monthly meetings.
I would return my pin and certificate, but I have never received them.
Please let me know if this is the appropriate means of resignation or if
ocher notifications are required. Thank you for you time and good luck
with the cormtission .
Ernie Arterburn
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COUNCIL COMMUNICATION
Date: Agenda Item: Subject
June 20, 2005 9 a i Opt-Out of Municipal Candidate Nomination
Vacancy provisions as set forth in the Municipal
Election Code of the Colorado Revised Statutes
Initiated By: Staff Source:
Department of Finance and Administrative Frank Gryglewicz, Director of Finance and
Services Administrative Services
Election Commission/City Clerk's Office Loucrishia A. Ellis, City Clerk/Election Commission
Member
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
City Council reviewed this proposed ordinance at the June 13, 2005 Study Session.
RECOMMENDED ACTION
The City Clerk's Office and the Election Commission recommend Council adopt a bill for an
ordinance opting-out of Municipal Candidate Nomination Vacancy provisions as set forth in State
Statute§ 31-10-303 and 31-10-304.
>State Statute, Title 1 is the #Uniform Election Code of 1992" and Tide 31, Article 10 is the
"Colorado Municipal Election Code of 1965." When we participate in a coordinated el1!Ction we
follow Title 1, which refers us to Title 31 for the municipal nomination petition procedures (with the
exception of CRS§ 1-4-805 which establishes the circulation dates for nomination petitions and CRS
§ 1-4-1101 concerning write-in candidate affidavits.)
CRS§ 1-4-805 provides that municipal candidate petitions "may be circulated and signed beginning
on the ninety-fir;! day prior to the election and shall be filed with the municipal derk no later lhan
the snenty.first day prior to the date of the election."
Pursuant to Senate Bill 05-206, which was signed by the Governor on June 6, 2005, our baDot must
be certified to the County by the~ day prior to the election (CRS 1-5-203 (3)(a)).
We are left with nine days in which to comply with the vacancy provisions.
Research indicates that the purpose of the vacancy provisions, at the municipal level, is really
irrelevant. The intent appears to be geared toward partisan elections. In a partisan election this is a
huge issue .
After careful review, the Election Commission is recommending that the City of Englewood opt-out
of th e vacancy provisions. They felt the Charter provides a practial resolution if a vacancy should
occur through death or withdrawal of a candidate. They approved the folowlng motion at their
June 8, 2005 meeting: Hto eliminate vacancy provisic.,ns until such time as State Statutes are
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amended to provide a timeframe that accommodates the resolution of deadlines and other issues.
The City Charter provision regarding vacancies on Council shall be applicable.•
The Colorado Municipal Clerks Association (CMCA), working with Colorado Municipal league
(CML), is in the process of preparing a bill to take forward that would address various election
issues. They will be working to determine if there is, indeed, any reason to retain the vacancy
committee provisions at a municipal level. If so, they will recommend that the deadlines be
amended.
FINANCIAL IMPACT
None
LIST OF ATTACHMENTS
Bill for an ordinance
ORDINANCE NO.
SERIES OF 2005
BY AUTHORITY
0
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AN ORDINANCE AUTHORIZING THE CITY OF ENGLEWOOD, COLORADO
TO OPT-OUT OF MUNICIPAL CANDIDATE NOMINATION VACANCY
PROVISIONS i\S SET FORTH IN THE MUNICIPAL ELECTION CODE OF THE
COLORADO REVISED STA11JTES.
WHEREAS, Colorado Statute, Title 1 is the "Uniform Election Code of 1992" and
Title 31, Article 10 is the "Colorado Municipal Election C~~ ~f 1965"; and
WHEREAS, when the City of Englewood participates in a coordinated election the
City follows Title 1, which refers to Title 31 for the municipal nomination petition
procedures, with the exception of 1-4-805 C .R .S. which establishes the circulation dates
for nomination petitions and 1-4-1101 C.R.S. concerning write-in candidate affidavits;
and
WHEREAS, 1-4-805 C.R.S. provides that municip:i! candidate petitions "may be
circulated and signed beginning on the ninety-first day prior to the election and shall be
filed with the municipal clerk no later than the seventy-first day prior to the date of the
election"; and
WHEREAS, the Governor bas signed Senate Bill 05-206 which provides for the City's
ballot being certified to Arapahoe County by the 601
b day prior to an election,
1-5-203(3)(a) C.R.S .; and
WHEREAS, this leaves nine days for the City to comply with the vacancy provisions;
and
WHEREAS, the Colorado Municipal Clerks Association, working with Colorado
Municipal League, is in the process of preparing a bill to take forward that would address
various election issues and they are working to determine if there is any reason to retain
or amend the vacancy provisions at the municipal level; and
WHEREAS, at their June 8 , 2005 meeting the Englewood Election Commission
reviewed the vacancy provisions and recommended that the City "eliminate vacancy
prov isions until such time as State Statutes are amended to provide a timeframe that
accommodates the resolution of deadlines and other issues"; and
WHEREAS, The Englewood Home Rule Charter provision regarding vacancies on
Council shall be applicable;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EN GLEWOOD, COLORAOO, AS FOLLOWS :
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Section 1. The City Council of the City of Englewood, Colorado hereby authorizes
the City of Englewood to opt-out of the Municipal Candidate Nomination vacancy
provisions as set forth in Sections 31-10-303 and 31-10-304 Colorado Revised Statutes
and to retain the current Englewood Home Rule Charter provision regarding vacancies on
City Council.
Introduced, read in full, and passed on fint reading on the 20th day of June, 200S.
Published as a Bill for an Ordinance on the 24th day of June, 200S.
Douglas Garrett, Mayor
ATTEST:
Loucrishia A. Ellis, City Cleric
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 20th day of June, 2005.
Loucriahia A. Ellis
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COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
June 20, 2005 9 a ii IGA between Arapahoe County and City of
Englewood for the State DTR Radio System
Initiated By: Staff Source:
Safety Services Department Trina Everhart, Research and Technology Manager
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None
RECOMMENDED ACTION
The Department of Safety Services recommends that Council adopt a bill for an ordinance
authorizing an Intergovernmental Agreement with Arapahoe County as representative for the Radio
Communications Network System.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Arapahoe County operates and maintains the Communications Network System, which is part of
the State Digital Trunked Radio System, governed by the Consolidated Communications Network
of Colorado (CCNC).
Arapahoe County is an authorized representative for the radio system and holds the licenses for the
800 MHz system, which Englewood will be implementing. Arapahoe County will operate and
maintain the 800 MHz radio system for the City of Englewood. This agreement authorizes
Englewood to utilize the radio system .
FINANCIAL IMPACT
The cost of programming and operation of the Communications Network System is $48,000 and
has been budgeted as part of the 800 MHz Radio implementation project fund.
UST OF ATTACHMENTS
Bill for an Ordinance
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ORDINANCE NO .
SERIES OF 2005
·•
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BY AUTHORITY
A BILL FOR
COUNCll. BILL NO. 26
INTRODUCEDBYCOUNOL
MEMBER~~~~~
AN ORDINANCE AUTHORIZING AN INTER.GOVERNMENTAL AGREEMENT
WITH THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
ARAPAHOE REGARDING SHARED USE OF ARAPAHOE COUNTY'S RADIO
COMMUNICATIONS NETWORK SYSTEM [AND CONSOLIDATED
COMMUNICATIONS NETWORK OF COLORADO (CCNC)].
WHEREAS, Arapahoe County bas obtained a Radio Communications Network System
(hereinafter sometimes referred to as "CNS") presently consisting of radio sites
containing trunked radio repeaters, related electronic hardware equipment, software and
towers/antennas; and
WHEREAS, Arapahoe County operates and maintains the CNS for an improved radio
communications function for its various governmental functions including law
enforcement, road and bridge, animal control, building inspection, public safety and
general governmental radio communications; and
WHEREAS, Arapahoe County bas integrated the CNS with the statewide CCNC
System and migrating all public safety to digital communications for the mutual benefit of
all users; and
WHEREAS, Arapahoe County and the City of Englewood are each authorized to
utilize radio communications in the performance of their various governmental
funct ions ; and
I
WHEREAS, this intergovernmental agreement is necessary, proper and convenient
for the continued preservation of the public peace, health and safety and for providing a
more cost effective and efficient use of governmental resources; and
WHEREAS , the funds have been budgeted for this project;
NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGL EWOOD , COLORADO , AS FOLLOWS :
Section 1. The City Council of the City of Englewood, Colorado hereby authorizes
entering the "Intergovernmental Agreement Regarding Shared Use Of Arapahoe
County 's Radio Communications Network System [And Consolidated Communications
Network of Colorado (CCNC))" between Arapahoe County and the City of En&Iewood,
attached hereto as Exhibit A.
Sccuon ~-The Mayor and City Clerk arc authorized to execute and anest said
Intergovernmental Agreement for and on behalf of the City of Englewood .
Introd uced, read in full , and passed on tint reading on the 20th day of June, 200S .
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Published as a Bill for an Ordinance on the 24th day of June, 200S.
ATTEST:
DouaJu Omett, Mayor
Loucrishia A. Ellis, City Clerk
I, Loucrisbia A. Ellis, City Cla:k of the City of EnsJewood, Colorado, hereby certify
tbat tbe above and foregoing is a true copy of a Bill for an Ordinance, introduced. read in
full, and passed on first reading on tbe 20th day of June, 2005.
Louc:risbia A. Ellis
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IBTERGOVERJOIENTAL AGRUIIBJIT RBGARDlllG SHARED USE 01'
ARAPAHOE COUIITY'S RADIO COIDIU!OCATIOlfS !IET\VORK SYSTEM
[And Comolldated CommWlicatiom l'fetwork of Colorado (CCl'fC))
This Intergovernmental Agreement entered into this _.l.sl_ day of _lwlc_, 2005, by
and between Arapahoe County, Colorado, (hereinafter the "County") and City ofEoglcwood,
Colorado , hereinafter referred to as "Subscriber''.), hereinafter collectively referred to the
parties.
WHEREAS, pursuant to the provisions of Sections 29-1-203 C.R.S., and Section
18(2)(a) of Article XIV of the Colorado Constitution, Governmental entities are
authorized to cooperate and contract with each other for the purpose of
intergovernmentally providing any function, service, or facility authorized to it, and
further including authority to provide for the joint exercise of such function, service, or
facilities ; and
WHEREAS, in the perfonnance of its governmental functions, the County has obtained a
Radio Communications Network System (hereinafter sometimes referred to as "CNS")
presently consisting of ~o sites containing trunked radio repeaters, relaled electronic
hardware equipment, software, and towers/antennas; and
WHEREAS, the County operaleS and maintains the CNS for an improved radio
communicati9ns function for its vanous governmental functions including law enforcement,
road and bridge, animal control, building inspection, public safety and general
governmental radio communications; and
WHEREAS, the County has integrated the CNS with the statewide CCNC System and
migrating all public safety to digital communications for the mutual benefit of all users
and automatic interoperability; and
WHEREAS, the County and Subscriber are each authorized to utilize radio
communications in the perfonnance of their various govermnental functions; and
MOU /IGA tor Radio Network Pagel of, ~9••
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INTERGOVERlOIENTAL AGREEIIE!ff REGARD11'G SHARED USE 01'
ARAPAHOE COUNTY'S RADIO COIDIUllJCATIOKS !IETWORK SYSTEM
(And Comoliclated Commwdcatioaa Ketwork of Colorado (CC!IC)]
WHEREAS, the parties wish to cooperate in providing such services and equipment now
separately operated by the parties; and
WHEREAS, the parties have detennined that this Agreement is necessary, proper and
convenient for the continued fostering and preservation of the public peace, health and
safety, and for providing a more cost effective and efficient use of governmental
resources;
NOW, THEREFORE, IT IS A.GREED by and between the County and the Subscriber as
follows:
1. The County agrees to permit the Subscriber to utilize the County's CNS pursuant to the
terms and conditions ofthis agreement. As a partial reimbursement for the County's cost
in obtaining the CNS, Subscriber shall pay to the County a one-time user fee in the sum
of S325.00 for each serialized device added after January 1, 2005, and shall be entitled to
use a portion of the CNS needed by Subscriber for its law enforcement, fire, public worlcs
and other governmental purposes, subject to the terms and conditions of this Agreement.
Subscriber shall pay such fee to the County no later than thirty (30) days after execution
of this Agreement. This fee is applicable to each additional serialized device that is
placed on the County's CNS. Replacement devices are not subject to this fee. Said
payment shall be made to Arapahoe County for deposit in the County's CNS
Development ("CNSD") acc ount for use as set forth in paragraph 12 .
2. Subject to annual budgeting and appropriation, Subscriber shall also pay an annual
operation and maintenance fee of S25 .00 per serialized device. This fee will be billed in
February, for the previous year, and each year thereafter, and shall be due and payable
wi thin thi rty (30) days of such billing.
MOU /IGA for Radio Ne twork Page 2 of, page•
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INTERGOVERIOIE!ITAL AGRErmT REGARDIKG 8BARBD USE OF
ARAPAHOE COUKTY'S RADIO COIOIU!IICAflORS llltTWORK SYSTBII
(And Couolidated Communicatiom l'fetwork ol Colorado (CC1'C))
3. The County and/or CCNC shall make available ---6......_ talk groups from the CNS for use
by Subscriber. A talk group is generally defined as a computer designated allocation for
the routing of transmitted radio or data messages on a multi-frequency trunked radio
system, such as the CNS and CCNC.
4. The County shall obtain any and all permits, certificates and licenses required by any
rules, regulations and laws for the operation of the CNS and CCNC. Subscriber will
cooperate with the County, to the extent necessary, in obtaining such pennits, certificates
and licenses.
5. To the best of its ability, the County shall maintain the CNS in proper operating
condition, and the County shall protect and maintain the CNS and the equipment thereof
in such a manner that the CNS services shall be efficiently rendered to the parties as and
when needed.
6. The County agrees to furnish qualified personnel to provide operational control of the
CNS. Operational control is deemed to include all facets of a communications network.
including, but not limited to, program, transmission, reception. usage and allocation of
I
the network. Subscriber shall be responsible for purchasing mobile and portable radios
compatible with the CNS . Subscri~ shall also be responsible for the maintenance,
repair and insurance of its radios and equipment needed for use of the CNS. Subscriber
and its agent(s) agree to operate on the CNS in accordance with FCC Rules &
Regulations, and Coumy & CCNC.Policies.
7. The Co un ty shall pay for all expenses of every kind or nature incurred in the operation of
the OIS. Subscriber shall not be liable for any debts or liabilities contracted or incurred
by th e Co un ty or any other entity which may utilize the CNS .
8 . The County shall, at all ri mes, carry and maintain adequate insurance coverage to protect
the propctties of the CNS against fire, loss or other hazards that may impair the
MOU /:GA for Rad i o Network Page 3 o f 6 page•
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DITBRGOVBlUOIBllTAL AGRBEIIBJIT RBOAIU>DIO UAJtBD 1Ja OJ'
ARAPAHOS COU11TY'8 RADIO COIIIIUlOCAflOR8 RBTWORK rmw
[And Couolldatad Commameadou Ketwork of Colorado (CCKC)]
operations.
9. Subscriber shall be allocated secured communication talk groups.
Additional system talk groups may be requested in writing to the Arapahoe County
Sheriff's Office and the Technical Committee of CCNC. Fees related to additional talk
groups may be assessed to the Subscriber. A steering committee, comprised of equal
representation of all Subscribers may make recommendations to the Arapahoe County
Sheriff's Office on the following subjects:
A. Assignment of talk groups to new entities;
B. Assignment of additional talk groups to cmrent members;
C. Purchase of replacement equipment and of additional equipment; and
D. Standard procedures for use of the CNS including identification of
improper radio usage.
l 0. The County may allow other Subscribers to use the CNS provided such entities enter into
an agreement similar to this Intergovernmental Agreement. In the event that other entities
use the CNS, the County will assure Subscriber that the use by other entities shall have no
adverse impact on the talk groups used by Subscnl>er.
11 . Each party to this Agreement and each party to any other agreement with Arapahoe
County for the use of the CNS shall annually certify the number of radios that it uses u
part of the CNS by January 1st of each year.
12 . The County hereby agrees to separately account for the user foes received and utilize such
monies solely for equipment replacement, enhancements, or the purchase of additional
equipment needed for the CNS. Any proposed expenditure is subject to the review and
recommendation of the Arapahoe County Sheriff's Office and approval of the Board of
County Commissioners.
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IIn'ERGOVERlOIBlffAL AGRBBIDIIT RBGARD11'G SHARED USE OF
ARAPAHOE COUBTY'S RADIO COIOIU!IICAflOKS IIBTWORK SY8TBII
(And Comolidated Commwucatlou Network of Colorado (CCllC)]
13. Either party may terminate its participation in the CNS upon at least one-year's written
notice to the other party. In the event of Subscriber's termination of this agreement under
this paragraph. Subscriber shall not be entitled to any distribution from the CNSD
account In the event of the County's termination of this agreement as to all user(s), the
County shall negotiate with the other user(s) for the purchase of the CNS by the other
user(s) and for the assignment or transfer of any license, permits, leases and/or related
agreements associated with CNS. Pursuant to any purchase agreement. the County will
transfer the balance of CNSD account to the purchaser. In the event of mutual
tennination by all user(s) of the CNS, the balance of the CNSD account will be
distributed on a pro-rata basis to all users based upon each user's historical contribution
to the CNSD account Subscribers do not have a vested interest in the CNSD account.
14. Failure to timely pay the annual operation and maintenance fee, as set forth in paragraph
2, by Subscriber shall be deemed a default of this agreement and grounds for termination
thereof. In such instance, the County may terminate this agreement upon sixty (60) days'
prior written notice to Subscriber and the County may eliminate the transmission
capability of the Subscriber. Subscriber shall not be entitled to any distribution from the
CNSD account.
16. Notices to be provided under the Agreement shall be given in writing either by hand
delivery, or deposited in the United States Mail. with sufficient postage, to the following:
COUNTY:
Arapahoe County Sheriff's Office
1310 l E. Broncos Parkway
Centennial, CO 80112-4558
SUBSCRIBER:
Subscriber Contract
Chris Olson, Director
Safety Services
Subscriber Address
3615 South Elati
Englewood, co 80110
17. This agreement constitutes the entire understanding between the parties and shall
MOU /IGA tor Radio Ne two rk Page 5 of, page•
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llffBRGOVBRlOIBlff.AI, AORBDIBIIT RBGAIU)IBO SlldBD vu or
ARAPAHOE COUIITY'S RADIO CO-UJUCAflOD DTlfORK 8YS1DI
[Aad Couollclated Commmalaatloaa Setwork of Colorado (CCXC))
supersede all prior negotiations, representations, or agreements whether written or oral.
19. This Agreement may not be modified or amended unless mutually agreed upon, in
writing, by the parties hereto. Unless otherwise agreed in writing. the Agreement and the
interpretation thereof shall be governed by the laws of the State of Colorado.
ATI'EST: City of Englewood.
City Clcrlc -Loucrisnia A. Ellis
Date
ATI'EST:
Clcrlc to the Board
Date: __________ _
NOU /tGA tor aadio Jetwork
Colorado
Signature
Douglas Garrett
Print Name
:.tayor ·
Title
ARAPAHOE COUNTY, CO
Chairman,
Board of Commissioners
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COUNCIL COMMUNICATION
Date: Agenda Item: Subject
June 20, 2005 9 a iii Storm Drainage Criteria Specifications Manual
Initiated By: Staff Source:
Utilities Department Stewart H. Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
The original Stormwater Fund was established in February 1985 to provide system storr., drainage
maintenance and meet new State and Federal requirements.
RECOMMENDED ACTION
The Englewood Water and Sewer Board recommended at their June 7, 2005 meetin& Council
adopt a bill for an ordinance approving a Storm Drainage Criteria Manual.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Federal Clean Water Act now requires stormwater discharges be authorized under a General
Permit for Stormwater Discharge issued by the Colorado Department of Health and Environment,
Water Quality Control Division. The Colorado Discharge Permit System, under Regulation 61,
states that the City is responsible for the quality of the stormwater discharged from our jurisdiction.
The proposed Englewood Storm Drainage Criteria Manual's purpose is to grant City staff the
authority to address drainage and water quality mandates that have been imposed by the
Environmental Protection Agency and the Colorado Department of Health and EnvironmenL The
proposed manual would give City staff and design engineers concis~ directions on what is required
to meet the intent of the mandates. The criteria would give guidelines to design engineers and
property owners for the minimum standards for stormwater drainage and water quality.
The Storm Drainage Criteria Manual should be placed under Titl~ 12 of the Englewood Municipal
Code, which makes the Water and Sewe~ Board responsible for administrative review and appeal.
FINANCIAL IMPACT
one.
LIST OF ATIACHMENTS
Bill for an Ordinance
Manual
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ORDINANCE NO.
SERIES OF 2005
BY AUTHORITY
ODUCED BY COUNCIL
MEMBER~~~~~~
AN ORDINANCE AUTIIORIZING 111B ADOfflON OF 111B "ENGLEWOOD .
STORM DRAINAGE CRITERIA MANUAL" FOR THE REGULATION OF Tim
STORMWATBR UTILITY WITHIN 111B CITY OP ENGLEWOOD, COLORADO.
WHEREAS, The Fcdcral Clean Water Act requires stormwater discharges be
authorized under a General Permit for Stormwatcr Discharge issued by the Colorado
Department of Health and Environment, Water Quality Control Division; and
WHEREAS, the Colorado Discharge Permit System, Regulation 61, states that the
City is responsible for the quality of the stormwatcr discharged from its jurisdiction;
and
WHEREAS, rules and regulations regarding the Stormwatcr Utility are authorized
under 12-5-1 EMC; and
WHEREAS, the City of Englewood bas developed "Englewood Storm Drainage
Criteria Manual" for the purpose of granting the authority to address drainage and water
quality mandates that have been imposed by the Environmental Protection Aaency
(EPA) and the Colorado Department of Health and Environment; and
WHEREAS, the "Englewood Storm Drainage Critaia Manual" will affect larp
developments and will not be a burden on small lot dcvclopmcnt in the City of
Englewood; and
WHEREAS, the "Englewood Storm Drainage Criteria Manual" gives the City and
design engineers concise directions on what is required to meet the intent of the EPA
mandates; and
WHEREAS, the Englewood Water and Sewer Board rccommcndcd Council
approval of the "Englewood Storm Drainage Criteria Manual" at their J1111e 7, 2005
meeting;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO , AS FOLLOWS :
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Section 1. 1be City Council of the City of Englewood, Colorado hereby authorizes
the adoption of the "Englewood Storm Drainage Criteria Manual" of May 23, 200S, IS a
rcquircmeot and regulation for the City of Englewood.
Sectjop 2. Pursuant to Article V, Section 40, of the Englewood Home Rule
Charter, the City Council has determined that this Ordinance shall be published by
title because of its size. A copy of the Englewood Storm Drainage Criteria Manual is
available in the Office of the Englewood City Cleric.
Introduced, read in full, and puaed on first reading on the 20th day of June, 2005 .
Published IS a Bill for an Onlinance on the 24th day of June, 2005.
ATTEST:
Louaishia A. Ellis, City Cleric
I, Loucrishia A. Ellis, City Cleric of the City of EnaJewooc1, Colondo, hereby certify
that the above and foregoiq is a true copy of a Bill for an Ordinance, inlroduced, read in
full, and passed on first reading OD the 20ah day of June, 2005.
Louc:risbia A. Ellil
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COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
June 20, 2005 9 a iv Extension of the Limited Waiver of the
Waste Transfer Surcharge
Initiated By: Staff Source:
Department of Finance and Administrative Services Frank Gryglewicz, Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
This action furth ers intergovernmental cooperation between the cities of Englewood, Littleton and
Sheridan. The City Council passed Ordinance 30, Series of 1993 authorizing a limited waiver of the
Waste Transfer Surcharge until December 31 , 1995, and Ordinance 22, Series of 1995 authorizing
a lim ited waiver of the Waste Transfer Su rcharge until December 31, 1998. On June 7, 1999,
Council approved Ordinance 31, Series of 1999 on final reading that further extended the waiver
through 2001. Ordinance 14, Series of 2002 extended the waiver until December 31 , 2004.
RECOMMENDED ACTION
Recommendation from the Department of Finance and Administrative Services to adopt a bill for
an ordinance extending the limited waiver of the Waste Transfer Surcharge until December 31,
2007 (three summer seasons).
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The City of Englewood passed Ordinance 25, Series of 1987 on April 20, 1987 instituting the Waste
Tran sfer Surcharge. The Surcharge imposes a twenty<ent surcharge on each cubic yard or portion
thereof by eac h p erson d isposing of trash at a waste transfer facility. The definition of "person" in
the ordinance includ es political subdivisions of the State of Colorado.
The Ci ty o f Englewood has received req uests fo r wa iver of th e Surc harge for public purposes.
Engle\ ood, Li ttleto n, and Sheridan have req uest ed waivers for th ei r annual "clean-up" programs.
The City Council of Englewood appro ed Ordinan ce 3 1, Series of 1999 to approve the waiver of
the Surcharge . The waiver sunse t on D ece mber 3 1, 2004 so the w aiver must be exten ded at this
time fo r the 2005, 2006, an d 2007 annu al clea nups.
FINANCIAL IMPACT
Th e w ai ver will red uce potential reve nues by an estimated $1 ,000 annually.
LIST OF ATIACHMENTS
Bill for an Ordina nce
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ORDINANCE NO.
SERIES OF 2005
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BY AUTHORITY
ABil.LFOR
COUNCIL Bll.L NO. 28
INTRODUCED BY COUNCIL
MEMBER~~~~~-
AN OIU>INANCB AMENDING TITLE 4, CHAPTER 7, SECTION 11, OF THE
ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO THE EXTENSION OF
THB LIMlTBD WAIVER. OF THB WASTE TRANSFER SURCHAllGB. .
WHEREAS, the City Council of the City of Englewood, Colorado passed Ordinance
No. 25, Series 1987, instituting the Waste Transfer Surcharge which imposed a twenty
cent surcharge on each cubic yard or portion thereof by each person disposing of trash
at a waste transfer facility; and
WHEREAS, the Englewood City Council passed Ordinance No. 30, Series of 1993,
which granted a limited waiver of the Waster Transfer Surcharge until December 31,
1995; and
WHEREAS, the Englewood City Council passed Ordinance No. 22, Series of 1995,
which authorized a limited waiver of the Waste Transfer Surcharge until December 31,
1998; and
WHEREAS, the Englewood City Council passed Ordinance No. 31, Series of 1999,
which granted a limited waiver of the Waster Transfer Surcharge until December 31,
2001; and
WHEREAS, the Englewood City Council passed Ordinance No. 14, Series 2002
extended the waiver until December 31, 2004; and
WHEREAS, the passage of this proposed Ordinance will extend the waiver of the
surcharge until December 31 , 2007;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS :
Sectjon 1. The City Council of the City of Englewood, Colorado hereby approves an
Ordinance amending Title 4, Chapter 7, Subsection 11, with the extension of the
Limited Waiver of the Waste Transfer Surcharge to read as follows:
4-7-11: Limited Waiver of Surcharce : The requirements of this Chapter shall not
apply during the months of May , June, July, August and September to any Municipality
which meets the following criteria:
A. Incorporated with City Hall within the boundaries of Arapahoe County.
B . Does not provide Municipal collection of household solid waste directly or
indirectly .
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C. Offen to its citizens the collection of household truh on a limited basis
during the months of May, June, July, August and September.
This Scx:.tion shall be effective only until December 31,~ ..2002, after which time it
shall be null and void without further action of the City.
Sc;ction 2. Safety Clausi The City Council hereby finds, determines, and
declares that this Ordinance ii promulpted under the genctal police power of the City
of Englewood, that it is promulgated for the hea]th, uf'ety, and welfare of the public,
and that this Ordinance ia ncceaaary for the preservation of health and uf'ety and for
the protection of public convenience and welfare. 1be City Council further
determines that the Ordinance bean a rational relation to the proper legillative
object sought to be obtained.
Section 3, Seyerabiljty. If any clause, sentence, paragraph, or part of this
Ordinance or the application thereof to any penon or circumatances sball for any
reason be adjudged by a court of competent jurisdiction invalid, such judgment sbaU
not affect, impair or invalidate the remainder of thia Ordinance or it application to
other persona or circUJllllancea.
Section 4. lncopsjstmt Qrdjpppcp. All other Ordinancea or portions thereof
inconsistent or conflicting with this Ordinance or any portion hereof are hereby
repealed to the extent of auch inconsistency or conflict.
Sc;ction $. Effect of na,eal or modjficaljgp Tbe repeal or modification of any
provision of the Code of the City of Enalcwood by this Ordinance sball nol releue,
cxtinpisb, alter, modify, or c:hanp in whole or in part any poaalty, forfeiture, or
liability, either civil or criminal, which sball have been incurred under sucb provilion,
and each provision sball be treatrid and held u llil1 remainin1 in fon:e for the
purposes of auatainina any and all proper actions, suits, pn>C'A'Odiop, and proaec:uliona
for the enforcement of the poaalty, forfeiture, or liability, u well u for the purpoac
of sustaioina any judplcnt. decree, or order which can or may be reodcred, Clllered,
or made in such IICliom, suits, proccediogs, or prosecutions.
Section 6. hlllltt. The Penalty Provision of Section 1-4-1 EMC sball apply to
each and every violation of this Ordinance.
Introduced, read in full, and passed on fint reading on the 20th day of JUDC, 2005.
Published as a Bill for an Ordinance on the 24th day of June, 2005.
A TTE ST:
Loucrishia A. Ell is, City Clerk
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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 OD first reading OD the 20th day of June, 200S.
Loucrisbia A. Ellis
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QRDINANCB NO. __
SERIES OF 2005
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BY AUTHORITY
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COUNCIL BILL NO. 21
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN ORDINANCE AMENDING TITLE S, CHAPTER S, SECTION 2, OF THE
ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO ACUPUNCTURISTS.
WHEREAS, the State of Colorado requires Acupuncturists to be licensed by the State
under C.R.S . 12-29 .S; and
WHEREAS, Acupuncturists licensed with the State of Colorado shall be exempt from
the City of Englewood's licensing requirements for massage therapy services performed
in the course of their usual duties as acupuncturists;
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 amends Title
5, Chapter 5, Section 2, of the Englewood Municipal Code 2000, with the addition of a
new Subsection F, to read as follows:
Chapter 5 MASSAGE THERAPY
5-5-2: License Required.
It shall be unlawful for any person to offer or perform a massage and it shall be
unlawful to operate a massage therapy clinic in the City of Englewood without first
obtaining a license for such activity except for the following classes of persons:
A. Physicians, osteopaths, physical therapists, chiropodists, podiatrists, or
chiropractors licensed in this State, their offices and clinics, and all persons
working in their offices and clinics under their supervision and direction.
B. Hospitals and all persons employed by institutions and establishments licensed
by the State as hospitals while performing their usual duties within the hospital
or institution so licensed.
C. Registered nurses and licensed practical nurses performing massage services in
th e course of their usual nursing duties.
D. C osmetologists and barbers duly licensed under the laws of this State, acting in
the course of their usual duties as cosmetologists and barbers.
E. Trainers of any recognized amateur, semi-professional, or professional athlete
or athletic team.
~ Acu puncturi sts li censed by the State of Colorado pcrfonning roesS1SF therapy
servi ces io the course of their usual duties as acupuncturists
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Section 2. Safety Clauses. The City Council hereby finds, determines, and
declares that this Ordinance is promulgated under the general police power of the City
of Englewood, that it is promulgated for the health, safety, and welfare of the public,
and that this Ordinance is necessary for the preservation of health and safety and for
the protection of public convenience and welfare. The City Council further
determines that the Ordinance bean a rational relation to the proper legislative
object sought to be obtained.
Section 3. Seycrabjljty. If any clause, sentence, paragraph, or part of this
Ordinance or the application thereof to any person or circumstances shall for any
reason be adjudged by a court of competent jwisdiction invalid, such judgment shall
not affect, impair or invalidate the remainder of this Ordinance or its application to
other persons or circumstances.
Section 4. Inconsistent Qrdjnanccs. All other Ordinances or portions thereof
inconsistent or conflicting with this Ordinance or any portion hereof are hereby
repealed to the extent of such inconsistency or conflict.
Section S. Effect of RJ)Cll or modification The repeal or modification of any
provision of the Code of the City of Englewood by this Ordinance shall not release,
extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or
liability, either civil or criminal, which shall have been incurred under such provision,
and each provision shall be treated and held as still remaining in force for the
purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions
for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose
of sustaining any judgment, decree, or order which can or may be rendered, entered,
or made in such actions, suits, proceedings, or prosecutions.
Section 6. Penalty. The Penalty Provision of Section 1-4-1 EMC shall apply to
each and every violation of this Ordinance.
Introduced, read in full, and passed on first reading on the 6th day of June, 200S.
Published as a Bill for an Ordinance on the 10th day of June, 200S.
_Read by title and passed on final reading on the 20th day of June, 200S.
Published by title as Ordinance No. _, Series of 200S , on the 24th day of June ,
2 00S .
Douglas Garmt, Mayor
ATTEST :
Lo ucri shia A . E llis , City Clerk
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I, Loucrisbia 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. __J Series of 200S.
Loucrisbia A . Ellis
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BY AUTHORITY
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()ADINANCB NO._
SI!RIES OF 2005
COUNCIL BILL NO. 22
INTRODUCED BY COUNCIL
MEMBER TOMASSO
~ OlmlN~ AMENDING 11TLE 2, CHAPTER 12, SECTIONS 3 AND 6, OF
THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO THE TERM OF
THE TRANSPORTATION ADVISORY COMMITTEE,
WHEREAS, the Englewood Transportation Advisory Committee (ETAC) was
established with the adoption of Ordinance No. 65, Series of2001; and
WHEREAS, ET AC was established as an advisory committee to Englewood City
Council for the purpose of gathering citizen input, reviewing, monitoring and making
recommendations to City Council regarding transportation issues in the City of
Englewood; and
WHEREAS, increasing the term limits from two years to four years and increasing the
ET AC officers term from one year to two years would facilitate the completion of
projects that could potentially be lengthy and provide more continuity in transportation
projects with which ET AC deals; and
WHEREAS, the Englewood Transportation Advisory Committee unanimously
passed motions to increase member and officer terms at their January 13, 2005
meeting;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Sectjon 1. The City Council of the City of Englewood, Colorado hereby amends Title
2, Chapter 12, Section 3, of the Englewood Municipal Code 2000, to read as follows:
Chapter 12 TRANSPORTATION ADVISORY COMMITTEE
2-12-3: Terms of Members.
Members will be appointed to overlapping terms of~~ years . The City
Council shall make appointments to fill vacancies for unexpired terms .
Section 2. The City Council of the City of Englewood, Colorado hereby amends Title
2, Chapter 12, Section 6, of the Englewood Municipal Code 2000, to read as follows:
2-12-6: Appointment of Officers and Adoption of Rules .
A. The committee shall organize, adopt administrative rules and procedures and
elect from its members such officers as it shall deem necessary to accomplish
its purposes. Officers of the committee shall be elected for a~~
year term . No officer shall serve in the same capacity for more than two (2)
consecutive terms .
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8. The Chairperson may appoint such standing or special sub-committees from
the membership of the committee u the committee shall determine
necessary or useful in carrying out its purposes and powcn. The purpose, term
and members of each sub-committee shall be determined by the Chairperson.
Section 3. Safety CJauses. The City Council hereby finds, determines, and
declares that this Ordinance is promulgated under the general police power of the City
of Englewood, that it is promulgated for the health, safety, and welfare of the public,
and that this Ordinance is necessary for the preservation of health and safety and for
the protection of public convenience and welfare. The City Council further
determines that the Ordinance bears a rational relation to the proper legislative
object sought to be obtained.
Section 4. Seyerabj)ity. If any clause, sentence, paragraph, or part of this
Ordinance or the application thereof to any person or circumstances shall for any
reason be adjudged by a court of competent jurisdiction invalid, such judgment shall
not affect, impair or invalidate the remainder of this Ordinance or its application to
other persons or circumstances.
Section 5. Inconsistent QrdiPIDGCI, All other Ordinances or portions thereof
incomistcnt or conflicting with this Ordinance or any portion hereof are hereby
rcpc,led to the extent of such inconsistency or conflict.
Section 6. Effect of repeal or modification The rcpca1 or modification of any
provision of the Code of the City of Englewood by this Ordinance shall not rcleuc,
extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or
liability, either civil or criminal, which sball have been incurred under such provision,
and each provision shall be treated and held u still remaining in force for the
purposes of sustaining any and all proper actions, suits, pro«ediup, and prmecutiOIIS
for the enforcement of the penalty, foneiturc, or liability, u well u for tbc purpoae
of sustaining any judgment, decree, or order which can or may be rcndcrcd, entered,
or made in such actions, suits, proceedings, or prosccutiom.
Section 7. Penalty. The Penalty Provision of Section 1-4-1 EMC shall apply to
each and every violation of this Ordinance.
Introduced, read in full, and puscd on first reading on the 6th day of June, 200S.
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Published as a Bill for an Ordinance on the 10th day of June, 200S.
Read by title and passed on final reading on the 20th day of June, 200S.
Published by title as Ordinance No . __, Series of 200S, on the 24th day of June, 200S.
ATTEST: Douglas Garrett, Mayor
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 200S.
Loucrisbia A. Ellia
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OIIIIIJIAJJCB NO.
SERIES OF 2005 --
BY AUTHORITY
0
COUNCIL BILL NO. 23
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN ORDINANCE APPROVlNG AND AUTHORIZING AMENDMENT NUMBEll
TWO TO THE FEDERAL HOME INVESTMENT PARTNERSHIPS ACT
AGREEMENT BETWEEN ARAPAHOE COUNTY AND THB crrY OP
ENGLEWOOD, COLORADO.
WHEREAS, the United States Government, through the National Affordable Housing
Act of 1990, bas established the HOME Investment Partnerships Program and bas
allowed each state to elect to administer such federal funds, subject to certain conditions,
for decent, safe, sanitary and affordable housing; and
WHEREAS, Arapahoe County bas elected to administer such federal funds; and
WHEREAS, the Englewood City Council passed Ordinance No. 62, Series of 2003
authorizing the execution of an intergovernmental agreement for the Federal HOME
Investment Partnerships Program with Arapahoe County for $100,000 to support the
Housing Rehabilitation Loan program; and
WHEREAS, Englewood City Council passed Ordinance No. 7, Series of2004
authorizing Amendment Number One to the intergovernmental agreement for the
Federal HOME Investment ·Partnersbips Act with Arapahoe County for an additional
grant of $50,000; and
WHEREAS, the City of Englewood bas been awarded an additional grant of S 150,000
increasii1g the total grant to $300,000 to provide funding for its low and moderate
income homeowners for rehabilitation of at least 25 single-family, owner-occupied
homes;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Sectjon I . The Amendment Number Two to the HOME Investment Partnerships
Program, attached hereto as Exhibit A, is hereby accepted and approved by the
Englewood City Council.
~ 2. The Mayor and City Clerk are authorized to execute and attest said
Agreement for and on behalf of the City of Englewood.
Introduced, read in full, and passed on first reading on the 6th day of June, 2005.
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Published as a Bill for an Ordinance OD the 10th day of June, 2005.
Read by title and passed OD final reading OD the 20th day of June, 2005 .
Published by title as Ordinance No. ~ Series of 2005, OD the 24th day of June,
2005 .
Douglu Garrett, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I, Loucrishia A . Ellis, City Clerk of the City of Englewood, Colorado, hereby certify
tb11t the above and foregoing is a true copy of the Ordinance pused on final reading and
published by title as Ordinance No. ~ Series of 2005.
Loucrilhia A. Ellia
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AMENDMENT NUMBER TWO TO THE
HOME INVESTMENT PARTNERSIUPS ACT AGREEMENT
SUBGRANTEE: CITY OF ENGLEWOOD
PROJECT: 2002 HOUSING REHABILITATION
This Amendment is made by and between the City of Englewood (SubGrantee) and the Board of County
Commissioners of Arapahoe County, Colorado (COW1ty).
WHEREAS, the SubGrantee agreed to complete the project known as Housing Rehabilitation. and entered into a
HOME Investment Partnerships Act Agreement (Agreement) with County, dated October 2, 2003; and
WHEREAS, the County and SubGrantee would like to modify the project goals and budget in order to reflect an
increased funding amount available to the project; and
WHEREAS, the SubGrantee has requested a waiver to the maximum HOME investment per house specified in the
County's lead based paint policy for housing rehabilitation projects.
NOW, THEREFORE, for the mutual consideration of the parties, the receipt and sufficiency of which are hereby
acknowledged, the County and SubGrantee agree to increase the to1al project funding amount by an additional
$150,000.00 to $300,000.00. The County and SubGrantee funher agree that the project quantifiable goals shall be
as follows:
The SubGrantee will provide below l1lllrket interest rate loans to twenty-five (25) income eligible Englewood
homeowners for the purpose of home improvements. Specific rebabilitatioo activities funded by the program may
include (but are not necessarily limited to): plumbing. electtic:al, rmnps and Olber 1CCC1Sibility modificlllioas, roofs,
sttucturaJ work, and odler activities related to health, safety or code compliance. All improvemems ftmded under
this grant are to be performed in compliance with applicable local or indUSlry codes and Sllndlrds.
The County and SubGrantee also agree that the toaJ amount of HOME funds used to usist a single home under this
project may not exceed $24,999. This amount includes any HOME funding used for project hued administnllive
expenses.
The County and SubGnntee further agree that the project budget attached to the original Agreement is considered
null and void, and the ~ attached hereto is now in effect under the terms of the Aa,eement.
All other terms, conditions and sections of the original Agreement and the County's policies rellled to lead hued
paint mitigation not inconsistent with this Amendment are reaffirmed and incolponled herein by this reference.
In Witness Whereof, the Parties have caused this Amendment to be duly executed this ----day of
-----------~ 2005.
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Subgrantee : City of Englewood
Signature: ATTEST
Douglas Garrett
Title: Mayor
Board of County Commissioners
Arapahoe County, Colorado
Rita A Pollock on belmlf of the Board of County Commissioners
Pursuant to Resolution #040483
Loucrishia A. Ellis
City Clerk
PROJECT BUDGET
l
COLUMN A COLUMNB COLUMNC COLUMND
Pnjed Acll.tllll bllmMT ... C.el CDaG,.. OIMl'hal!IC...-. ,....,.., ....... , Acll,IIJ
Adalinilniw CDqlllaa Sl00.000 SJ0,000 $70,000
25 reblbililllicll loall SC20,000 $270.000 SU0,000
TOTAL: SSlO,OOO S300,000 SZ20,000 ij
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~l,10.
SERIES OF 2005
BY AUTHORITY
AN -
COUNCIL BILL NO. 25
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AS :A.NCE LAW ENFORqiiiiit~) GRANT FROM THE VICTIM
. ASSISTANCE LAW BNP~· RD Ol'-;lftlt ,·
DISTRICT.
WHEREAS, the City of Englewood Safety Service Department applied for
funding under the VALE Grants Program to be used for funding the Victim/Witness
Program in the Englewood Municipal Court; and
WHEREAS, the City of Englewood bas previously applied and been granted V ALB
Grants for the years 1990 through 2005; and
WHEREAS, the staff seeks Council support for an Ordinance accepting a 2006
VALE grant funding in the amount ofS15,000;
WHEREAS, the Victim/Witness Program in the Englewood Municipal Court bas
served the victims of domestic violence since 1990;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section l. The City Council of the City of Englewood, Colorado hereby
authorizes the acceptance of the VALE Grant and accompanying intergovernmental
agreement, a copy of which is marked as "Exhibit A" and attached hereto.
Section 2. The Director of Safety Services and the Director of
Finance/Administrative Services are hereby authorized to sign said VALE Grant and
accompanying intergovernmental agreement on behalf of the City of Englewood.
Introduced, read in full , and passed on first reading on the 6th day of June, 2005.
Published as a Bill for an Ordinance on the 10th day of June, 2005.
Read by title and passed on final reading on the 20th day of June, 2005 .
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Published by title as Ordinance No. _, Series of 2005, on the 24th day of June,
2005.
ATTEST:
Douglas Garrett, Mayor
Loucrisbia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby
certify that the above and foregoing is a true copy of the Ordioaoce passed on final
reading and published by title as Ordinance No. __, Series of 2005 .
Loucrishia A. Ellis
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VICTIM ASSISTANCE AND LAW ENFORCEMENT BOARD
CONTRACT
Pursuant to the Assistance to Victims of and Witnesses to Crimes and Aid to Law
Enforcement Act, Article 4.2 Title 24 C.R.S., the Victim Assistance and Law Enforcement
Board of the 18111 Judicial District has made the following award:
Grantee: Englewood Department of Safety Services
3615 South Elati Street, Englewood, Colorado 80110
Grant number: 05-38
Project Title: Victim/Witness Advocate
Purpose of Grant Funds: Law Enforcement Victim Services
Services/Equipment Being Funded: Portion of salary and benefits of Victim Assistant
Grant Period: July 1, 2005 to June 30, 2006
Amount of Grant Award: $15 ,000.00
Quarterly Installments: $3,750 .00
BE IT UNDERSTOOD THAT:
(1) All disbursement of awards are contingent upon the availability of VALE funds.
(2) The contents of the grant application will become contractual obligations of the grant
recipient and are incorporated into this contract as if fully set forth herein.
(3) The grant recipient is required to submit Financial Reports quarterly: October 31, 2005,
January 31, 2006, April 30, 2006 and July 31, 2006 for funding for 2005/2006. The report due
on July 31 , 2006 shall be the year-end report. The VALE Board will provide Financial
Reporting Forms. Grant recipien~s are required to use these forms.
( 4) The grant recipient is required to submit Program Reports on : January 31, 2006 and July
31, 2006 for funding for 2005/2006. These reports must address any special conditions that
are listed in this contract . The report due on July 31, 2006 shall be the year-end report. It shall
show totals for the entire year and must address any special conditions that are listed in this
contract. The VALE Board will provide Program Reporting Forms. Grant recipients are
required to use these forms .
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Englewood Department of Safety Services
05-38
Reports shall be sent to:
Francie Miran, Grant Evaluator
VALE Board
District Attorney's Office
7305 South Potomac Street, Suite 300
Centennial, Colorado 80112-4031
(720) 874-8600
(5) Failure to submit these required reports on the dates due may result in termination of the
grant award, return of awarded funds or the loss of future funding by VALE.
(6) Special conditions for the award which have been stipulated between the VALE Board and
the grant recipient are as follows:
(7) Any equipment purchased with VALE funds must remain with the grant recipient.
Equipment must be used for the purpose designated in the grant application. Any use by
others or transfer of ownership must be reported to the VALE Board, in writing, prior to the
occurrence of such use or transfer. The Board may approve such use or transfer or may
request return of the equipment.
(8) Any change in the use of grant funds shall be approved by the VALE Board. The request
for such change shall be in writing. Approval of the VALE Board shall be obtained prior to any
such use.
(9) Amendment of any other terms of this contract shall have prior approval bf the Board.
Requests for amendment shall be in writing.
(10) The grant recipient shall submit written notification by June 1, 2006 to the VALE Board if
the grant recipient will have any remaining funds at the end of the grant period.
All unused funds shall be returned to the VALE Board unless the grant recipient makes a
request in writing for use of the funds beyond the grant period and such request has been
approved by the VALE Board .
Such requests shall include:
The amount of remaining funds
How the funds will be used
When the funds will be expended
Why the funds were not expended.
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Englewood Department of Safety Services
05-38
Such request must be received on or before June 1, 2006.
Upon receipt of the request. the VALE Board shall decide whether to grant or deny the request
without further presentation or hearing.
(11) The grant recipient agrees that all funds received under this grant shall be expended
solely for the purposes stated above and that any funds not so expended, including funds lost
or diverted to other purposes. shall be repaid to the VALE fund.
(12) The grant recipient agrees to comply with the letter and spirit of the Colorado Anti-
discrimination Act. of 1957, as amended, and other applicable law respecting discrimination
and unfair employment practices (C.R.S. Sec. 24-34-402) and required by Executive Order,
Equal Opportunity and Affirmative Action, date April 16, 1975.
(13) Non-compliance with any portion of this contract. may result in:
Withholding of funds
The grant recipient returning money to the VALE fund
Other act.ion as deemed necessary by the members of the VALE Board
Any combination of the above.
( 14) All grant recipients shall make available to the Board or its authorized designee all current
books, records, procedures or other information relative to the grant application and
implementation.
(15) The funds granted by this contract. for Victim Services shall be disbursed In quarterty
installments pending VALE Board approval of all required reports and verification of expenses.
The funds granted by this contrar ' for equipment may be dispersed by a single payment for
the full amount, pending VALE B approval of all required reports and verification of
expenses.
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Englewood Department of Safety Services
05-38
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The grant recipient, through the following signatories, understands and agrees that any VALE
monies received as a result of the awarding of the grant application shall be subject to the
terms of this contract.
.h~v•~ ?'t...~-Date ,s-~~/~ ~--
} Project Director
Date
Financial Officer
(§({12 Date rp11o-r I
Date
Tony Spurtock
Chair, VALE Board
Authorized Official: The authorized official is the person who is, by virtue of such person's position, authorized to
enter into contracts for the grant recipient.
This could include: Mayor or C ity Manager, Chairperson of the County Commissioners, District Attorney, President
or Chairperson of the Board of Directors, Superintendent, or other Chief Executive Officer .
Financial Officer: The person is responsible for all financial matters related to the program and who has
responsib~ity for the accounting, management of funds, verification of expenditures, audit information and financial
reports . The person who actually prepares the finical reports may be under the supervision of the Financial
Officer. The Financial Officer must be a person other than the Authorized Official or the Project Director.
Project Director. The person who has direct responsib~ity for the implementation of the project. This person
should combine knowledge and experience in the project area with ability to administer the project and supervise
personnel . He/she shares responsibility with the financial Office for seeing that II expendlture1 .. within the
approved budget. This person will normally devote a major portion of his/her time to the projeet and ii responsible
for meeting all reporting requ irements. The Project Director must be a person other than the Aulhoriz8d Official or
the Financial Officer.
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COUNCIL COMMUNICATION
Date: Agenda Item: Subject
June 20, 2005 9 C i Line of Credit with Mile High Housing
Fund for Rehabilitation Enterprise Fund
Initiated By: Staff Source:
Community Development Department Janet Grimmett, Housing Finance Specialist
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
City Council approved Ordinance 23, Series 1999 assuming all of the assets and liabilities of the
Rehabilitation Program from the Englewood Housing Authority. Also approved was Ordinance 26,
Series of 1999 establishing the Housing Rehabilitation Fund and Ordinance 31, Series of 2003
creating the City of Englewood Housing Rehabilitation Enterprise Fund .
Council also approved Resolution 33, Series of 2000 and Resolution 77, Series of 2003 authoriz ing
an agreement establishing a line of credit with Vectra Bank for the continuance of the Housing
Rehabilitation Fund .
( RECOMMENDED ACTION
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Recommendation from the Community Development to adopt a resolution authorizing application
for new line of credit with Mile High Housing Fund for $1,000,000 to support the activities of the
Housing Rehabilitation Enterprise Fund .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The City created the Housing Rehabilitation Loan Program in 1977 to preserve the existing housing
stock in the City and to address the problems of low-income families with the financing of major
repai rs . The Program was administered through the Englewood Housing Authority until early 1999
w hen the City established the Housing Rehabilitation Fund and assumed all of the assets and
liabili ties of th e Rehabilitation Program .
The Housing Rehabili tation Fund (the Fund) was established to operate and support the Housing
Rehab Loan Program . The Fund is managed as a revolving fund for housing rehabilitation and
de elopm ent wi th the goal of preserving the principle while improving the housing stock. A
minim um $600,000 is required to manage the Rehab Loan Program in a prudent manner. Funds
above th at level support the ACTS Student Build partnership with Arapahoe Community College.
One of the fun ctions of the Fund is to redeem properties that have gone through the foreclosure
process (i.e ., 4 23 1 South Cherokee Street and 4180 South Acoma Street redeemed earlier in 2005).
All foreclosure no ti ces are e aluated by the Rehab Loan Committee (RLC) after the public sale set
b th e Publi c Trus tee . The RLC's decision t o redeem any property is based on the current value of
th e pro perty, the cos t of additional repairs, if an , and the balances of any senior liens. Strong
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consideration is given to the financial feasibility of the redemption and to the preservation of the
Fund 's principal . If the redemption makes fiscal sense, and funds are available to redeem, then a
recommendation to redeem is generally approved. If the redemption does not make fiscal sense,
then the RLC will recommend to write-off the rehab loan rather than redeem the foreclosure . If
funds are not available, then the RLC is limited to writing-off the rehab note even if the redemption
makes fiscal sense.
The large number of foreclosed properties has stressed the Fund this year. Four foreclosures have
been redeemed totaling $570,355 using cash available in the Fund. One of those foreclosures was
subsequently redeemed by a junior lien returning $138,000 to the Fund, but the balance of
$432,355 is still tied up in real estate. The monies will only be returned to the Fund when the
individual properties are sold to new owners.
Four more foreclosures are pending public sale totaling an estimated $518,000. Funds will be
needed in August and September 2005 to redeem those propertie:; :f :he RLC determines
redemption appropriate. The Fund currently does not have the resources available to redeem any
one of them. It is also anticipated that the number of foreclosures will not decrease in the near
future. Funds would also be needed to cover future redemption costs and to insure the solvency of
the Program until the properties are sold.
Council has approved borrowing resolutions in the past authorizing agreements with Vectra Bank
for lines of credit to support the Housing Rehabilitation Program . That agreement is limited to the
approval of new rehab loans. The Program has also received other loans and grants from various
agencies, but none of them cover the costs of redeeming foreclosures as an eligible expense.
Another source of funds is needed to cover foreclosure expenses until the properties are sold and
the proceeds are returned to the Fund.
After researching possible options, it was determined that Mile High Housing Fund (MHHF) has a
loan product that would best support the Program's foreclosure crisis. MHHF can provide a loan
that would be used to redeem the current and future foreclosures as needed. MHHF is a non-profit
financial institution created in May 2000 to provide early stage bridge loans for housing
developments that serve low-income families . The City of Englewood was one of the original
investors in MHHF with a $50,000 loan. MHHF can provide up to $1,000,000 as a short term loan
to cover the costs of redeeming the existing foreclosures as well as any future foreclosures. The
rate would be 5.0% interest with principal and interest due in 24 months. The loan will be secured
by the redeemed real estate and will be repaid to MHHF upon sale of the property to a qualified
buyer. Any risks of loan would be supported solely by the Rehab Program and the secured real
estate.
FINANCIAL IMPACT
Exis ting Community Development staff administers the Housing Rehabilitation Fund. No additional
monies will be required for administration of the line of credit. The Housing Rehabilitation Fund will
assume all risks associa ted with the line of credit.
LIST OF ATTACHMENTS
Resolution
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SERIES OF 2005
A RESOLUTION AUTHORIZING THE APPLICATION FOR A LINE OF CREDIT FOR 1118
HOUSING REHABILITATION ENTERPRISE FUND FOR FUNDING OF $1,000,000 FOR
THE ENGLEWOOD HOUSING REHABILITATION ENTl!RPR.ISE FUND BETWEBN THE
MILE HIGH HOUSING FUND (MHHF) AND THE CITY OF ENGLEWOOD, COLORADO .
WHEREAS , the City Council of the City of Englewood, Colorado created the Englewood
Housing Rehabilitation Loan Program in 1977, to preserve the existing housing stock in the City
and to address the problems oflow-income families with the financing of major repairs bas
approved resolutions to apply for funding to support the Housing Rehabilitation Program since
1977;and
WHEREAS, Englewood City Council approved Ordinance 23, Series of 1999, assuming all of
the assets and liabilities of the Rehabilitation Program from the Englewood Housing Authority;
and
WHEREAS, Englewood City Council approved Ordinance 26, Series of 1999, establishing the
Housing Rehabilitation Fund and Ordinance 31, Series of 2003 , creating the City of Englewood
Housing Rehabilitation Enterprise Fund to operate and support the Housing Rehab Loan
Program; and
WHEREAS, the large number of foreclosed properties bu stressed the Fund and cumndy the
Fund does not have the resource to cover future redemption costs and to inaUR the solvency of
the Program until the properties are sold; and
WHEREAS, Mile High Housing Fund (MHHF) bas a loan product that would support the
Program's foreclosure crisis as a short term loan to cover the costs of redccming the existing
foreclosures as well as any future foreclosures; and
WHEREAS, City Council desires staff to apply for $1 ,000,000 for the Housing Rehabilitation
Project from the Mile High Housing Fund;
NOW, THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLE WOOD , COLOR.DO, THAT :
Section 1. The City Council of the City of Englewood hereby authorizes application for a line
of credi t for the Englewood Housing Rehabilitation Enterprise Fund for the sole purpose of
funding the redemption of foreclosed Englewood Hous ing Rehabilitation Enterprise Fund
properties .
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Section 2, The Mayor and City Clerk are hereby authorized to sign and attest all necessary
forms, documents, assurances and certifications for the funding of S 1,000,000 for the
Englewood Housing Rehabilitation Entaprisc Fund.
AOOPTED AND APPROVED this 20th day of June, 200S.
ATTEST: Douglas Oanctt, Mayor
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 of200S.
Loucrisbia A. Ellia, City Clerk
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COUNCIL COMMUNICATION
Date: Agenda Item: Subject
June 20, 2005 9 C ii Proposed Changes to the City of Englewood
Investment Policy
Initiated By: Staff Source:
Department of Finance and Administrative Services Frank Gryglewicz, Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
The Council discussed proposed changes to the Investment Policy at the study session held June 6,
2005.
RECOMMENDED ACTION
Staff recommends that Coundl adopt a resolution approving the changes and updates to the
attached Investment Policy. The Investment Policy is applicable to the investment of all funds not
immediately needed for the operating expenditures/expenses of the City, except for the Firefighters
Pension Fund, the Volunteer Firefighters Fund, the Police Officers Pension Fund, and the N~
Emergency Employees Pension Fund.
FINANCIAL IMPACT
There is no direct financial impact to the City from adopting the proposed changes to the
Investment Policy.
UST OF ATTACHMENTS
Resolution
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SERIES OF 2005
A RESOLU110N ACCEPTING CHANGES AND UPDATBS TO 1llE crrY OJ
ENGLEWOOD'S INVESTMENT POLICY PER ORDINANCE 45, SERIES OF 1995,
ADOPTED ON FINAL Rl!ADINO SBPTBMBEll 5, 1995. ~
WHEREAS, by Ordinance 45, Series of 1995, the Director of Financial Services, ex officio
City Treasurer, is empowered to invest all funds and monies not immediately needed for
operating expenditures/expenses of the City except for the Firefighters Pension Fund, the
Volunteer Firefighters Fund, the Police Officers Pension Fund and the Non-Emergency
Employees Pension Fund and pursuant to an investment policy to be adopted by Council each
year; and
WHEREAS, the passage of this Resolution will authorize changes and updates to the
Englewood Investment Policy ;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, TIIA T:
Section 1. The City of Englewood Investment Policy, attached as Exhibit l, submitted by the
Director of Financial Services is hereby approved.
ADOPTED AND APPROVED this 20th day of June, 2005.
ATTEST: Douglas Garrett, Mayor
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 2005 .
Loucrisbia A . Ellis, City Clerk
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City of Englewood, Colorado
INVESTMENT POLICY
The Director of Finance and Administrative Services of the City of Englewood, Colorado is
charged with the responsibility to prudently and properly manage any and au funds of the City.
Because these funds may be called upon, it is essential that absolute maturity horizons are
identifiable for the purpose of liquidity. Moreover, these funds must be fully collateralized and
appropriately authorized. The following Investment Policy addresses the methods, procedures
and practices which must be exercised to ensure effective and sound fiscal management.
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This Policy shall apply to the investment of all financial assets and au funds of the City of
Englewood (hereafter referred to as the "City") over which it exercises financial control, except the
City of Englewood Firefighters Pension Fund, Volunteer Firefighters Pension Fund, Police Ot'llcers
Pension Fund. the Non-Emergency Employees Retirement Plan Fund and other City employee
retilement plans. In order to eff9c:tively make use of the City's cash 111SOUrC81, all monies shall be
pooled into one investment account and accounted for separately. The investment income
derived from this account shall be distributed to the various City funds in accordance with
Englewood Municipal Code , 4-1-2-A.
OBJECTJYES
The City's principal investment objectives are:
• Preservation of captal and the ptotlldion of investment principal.
• Maintenance of suflloent liquidity to meet··~ disburwnents and cash flows.
• Diversification to avoid incumng unreasonable nsks f9glrdirig securities owned.
• Attainment of martcet rate of 1'111Um equal to o, higher than the performance measure
established by the Dinldor of Finance and AdministrlllMt Services.
• Conformance with all City. Federal. State and other legal requirements.
QELEGAJION Of AUTHORITY
The ullir'r*I ~ and authority for inveatment tranudions involving the City rNides with
the Dndcr of Finance and Administlalille Services (hlreinaftar refwnld 1D • the "Dinlclor") who
has been designa1led by the City Manager • the IIWeltment Offlcer in accordar ,c:e with
Englewood MunlClpal Code. The Dinldor may appoint other memblrl of the City staff ID assist
hm in the cash management and inYestment function. Penons who are aulhoriz9d ID transact
business and wn funds on behalf of the City WII be designaad by the Dnc:lar by the wire
transfer agreement execulad With the City's approved depouoly for balk NMCN (IN Appendix
I). The Director shall be responsible for all 11NeS1ment decisions and ac:tivilies, and shall emblistl
wntten adm1n11trative procedures for the ope,alion of the City's in·,,emnent program consant
With th11 Investment Policy. The lnveslmflnt Officer acting within theN p,ocldures shall not be
held personally liable for speoflc invatment tranudions.
The Director may in his dilcreClon appoint one o, men Investment Advllorl. regilllred wilh the
Secunties and Exchange CommlSSion under the ln'4ellmellt Advllcn Id d 11MO. IO manage a
portJOn of the C1ty's,assets. Ari appointed Investment Advllor may be granlad limiad ~
discrebon Within the guidlilnel of tnis lrwestment Policy will regard IO the City's .... placed
under its management Art lnvesirnent AdvlSOr can oriy be apponled 111w consultalion wilh and
approval by the C ity Manager
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PRUDENCE
The standard of prudence to be used for managing the City's assets is the "prudent investor" rule,
which states that a prudent investor "shall exercise the judgment and care, under the
circumstances then prevailing, which men of prudence, discretion, and intelligence exercise in the
management of the property of another, not in regard to speculation but in regard to the
permanent disposition of funds, considering the probable income as weN as the probable safety of
capital." (CRS 15-1-304, Standard for Investments.)
The City's overall investment program shall be designed and managed with a degree of
professionalism that is worthy of the public trust The City recognizes that no investment is totally
nskless and that the investment activities of the City are a matter of ,public record. Accordingly,
the City recognizes that occasional measured losses are inevitable in a diversified portfolio and
shall be considered within the context of the overaH portfolio's rlllum, provided that adequate
diversification has been implemented and that the sale of a security is in the best long-tenn
interest of the City.
ELIGIBLE INVESTMENTS AND TRANSACTIONS
All investments will be made in accordance with the Colorado Revised Statutes (CRS) as follows:
CRS 11-10.5-101, et seq. Public Deposit Protection Act; CRS 11~7-101, et seq. Savings and
Loan Association Public Deposit Protection Act; CRS 24-75-601, et seq. Funds-Legal
Investments; CRS 24-75-603, et seq. Depositories; and CRS 24-75-701, et seq. Investment
Funds-Local Govemment Pooling. Any revisions or extensions of these sections of the CRS will
be assumed to be part of this Investment Policy immediately upon being enacted .
As a home rule City, Englewood may adopt a list of acceptable invt!5tment instruments differing
from those outlined in CRS 24-75-601 , et seq. Funds-Legal Investments. Funds of the City of
Englewood covered by this Investment Policy may be invested in the following types of securities
and transactions:
1. U.S. Treasury Obligations: Treasury Bills, Treasury Notes and Treasury Bonds with maturities
not exceeding 5 years from the date of purchase.
2. Treasury Strips (book-entry U.S . Treasury securities whose coupons have been removed)
with maturities not exceeding 5 years from the date of purchase.
3. Federal Instrumentalities • Debentures. Discount Notes. Medium Term Notes, Callable
Securities and Step-up Securities issued by the following only: Federal National Mortgage
Association (FNMA), Federal Home Loan Bank (FHLB), Federal Home Loan Mortgage
Corporation (FHLMC) and Federal Farm Credit Banks (FFCB), with maturities not exceeding
5 years from the date of purchase.
4. Repurchase Agreements with a termination date of 90 days or less utilizing U .S. Treasury
and Federal Instrumentality securities listed above, collateralized at a minimum market value
of 102 percent of the dollar value of the transaction with the accrued intenlst accumulated on
the collateral included in the calculation .
Repurchase agreements shall be entered into only with dealers who :
a) are recognized as Primary Dealers by the Federal Reserve Bank of New York; and
b) have executed a City approved Master Repurchase Agreement (see Appendix II). The
Director shall maintain a file of all executed Master Repurchase Agreements.
Primary Dealers approved as Repurehass Agreement counterparties shall have • short-term
credit rati ng of at least A-1 or the equivalent and a long-term credit rating of at lust A or the
equivalent.
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Collateral (purchased securities) shall be held by the City's custodian bank as safel<eeping
agent, and the market value of the collateral securities shall be marked-to-the-market daily .
For the purposes of this section, the term 'collateral• shall mean 'purchased securities" under
the terms of the City approved Master Repurchase Agreement In no case will the maturity of
the collateral exceed ten years.
5 . Reverse Repurchase Agreements with a maturity of 90 days or less executed only against
securities owned by the City and collateralized by the same type of security reversed.
6. Flexible Repurchase Agreements with a final maturity of ten years or less entered into by the
City with approved counterparties. These flexible repurchase agreements may be closed out
in varying amounts and at varying times at the option of the City. These agreements are
deemed by both parties to be purchases and sales of securities and are not loans.
All such flexible repurchase agreements shall meet the followill!J criteria:
• Be determined as legal and valid for both parties;
• Collateral shall be limited to:
a) Securities issued by, guaranteed by. or for which the credit of any of the following is
pledged for payment the United States, Federal Farm Credit Bank, Federal Land
Bank, Federal Home Loan Bank, Federal Horne Loan Mortgage Corporation, Federal
National Mortgage Association , Export Import Bank or the Government National
Mortgage Association : or
b) Securities issued by, guaranteed by , or for which the credit of the following is pledged
for payment An entity or organization which is not listed in paragraph a) above , but
which is (1) created by, or the creation of which is authorized by , legislaton enacted
by the United States Congress and which is subject to control by the federal
government which is at least as extensive as that which governs an entity or
organization listed in paragraph a) above, and (2) rated in its highest rating category
by one or more nationally recognized organizations which regularly rate such
obligations .
• Have a fixed rate during the entire life of the agreement;
• The dollar amounts and periods of time when the City may draw funds out of the
repurchase agreement shall be agreed upon in writing by bolh parties and shall be part of
the wntten repurchase agreement exercised by the City and the approved counterparty;
• The City has the option of varying the dollar amount and the timing of the draw down by
an agreed upon percentage of the anticipated draw down and a specified number of days .
The City and the counterparty to the ag1N1T1ent wil specify the datails of the allowable
variance when the agreement is structured . In addition . the City may draw down in
excess of the variance up to the remaining balance in the agreement for a bona fide ,
unanticipated cash need;
• Collateral shall have a minimum market value (i ncluding accrued interest accumulated) of
at least 102 percent of the dollar value of the transaction ;
• Repurchase agreements shall be entered into only with dealers who are au1horized by the
Director and have executed a City approved Master Repurchase Agniement;
• The Director shall maintain a file of all executed Master Repurchase Agreements:
• The title to or a perfected security interest in secunties , along with any neceswy transfer
documents. must be transferred and actually delivered to, and shal be held by , the City's
third-party custodian bank acting as safekeepmg agent The marttet value of the
collateral secunties shaU be marked-to-the-market at least weekly baMcl on the dosing
bid pnce at the time the custodwn for the collateral 111UN its monthly simment to the
City.
For the purpose of the sect,on, the term "collateral" shall menn "purchaMd secuntin" under
the terms of the City approved Master Repurchase Agreement In no cau WIii the matunty of
the collateral exceed ten yurs
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7. Time Certificates of Deposit with a maximum maturity of 5 years or savings accounts in state
or national banks operating in Colorado that are state approved depositories (as evidenced by
a certificate issued by the State Banking Board) and are insured by the FDIC . Certificates of
deposit that exceed the FDIC insured amount shall be collateralized in accordance with the
Colorado Public Deposit Protection Act The collateral shall have a market value equal to or
exceeding 102 percent of the difference between the insured amount and the City's total
deposits for all funds within the institution .
8 . Time Certificates of Deposit with a maximum maturity of 5 years or savings accounts in state
or federally chartered savings and loans operating in Colorado that are insured by the FDIC.
Deposits that exceed the FDIC insurad amount shall be collataralized in accordance with the
Colorado Public Deposit Protection Act This collateral shaU have a mar1tet value equal to or
exceeding 102 percent of the difference between the insured amount and the City's total
deposit for all funds within the institution .
9. Colorado Local Government Liquid Asset Trust (COLOTRUST) as authorized under CRS 24-
75-701 , et seq.
10. Prime Bankers Acceptances , rated at least A-1 by Standard & Poors's, P-1 by Moody's and
F1 by FIich at the time of pun:hase by each service that rates them, with a maturity of six
months or less issued on domestic banks or branches of foreign banks domiciled in the U.S.
and operating under U.S. banking laws. Accepting banks must have a senior debt rating of
A2 by Moody's and A by Standard & Poor's.
11 . Prime Commercial Paper with a maturity of 180 days or less which , at the time of purchase. is
rated at least A-1 by Standard & Poor's, P-1 by Moody's and F-1 by FIich .
a) At the time of pun:hase, the commercial paper must be rated by at least two of the above
stated rating agencies at the stated minimum rating.
b) If more than two of the above stated agencies rallls an issuer, al of thole rating agencies
must rate the issuer in accordance with above stated 111inimum credit crilllria.
c) If the commercial paper issuer has senior debt outsta11di11g, the senior debt must be rated
by each service that publishes a rating on the issuer as at least A2 by Moody's. A by
Standard and Poor's and A by Fitch .
12. Corporate Bonds issued by a corporation or bank with a final maturity not exceeding three
years from the date of purchase, rated at least AA-by Standard & Poor's, Aa3 by Moody's, or
AA by Fitch at the time of pun:hase by each service that ,... the debt Authorized corporatlt
bonds shall be U.S. dollar denominated , and limited ID corJ)Ol1lliollS organizad and operated
with in the United States with a net worth in excess of $250 milion .
OTHER INVESTMENTS
It IS the intent of the City that the foregoi ng list of authorized securities be stridly interptetBd. Any
deviation from this list m ust be pre-approved by the Director in writing after approval by the City
Manager.
INVESTMENT Q!YERSlflCATIQN
It IS the intent of the City to diversify the investment instnJmentS within the portfolio ID avoid
incurring unreasonable risks inherent in over investing in specific instNrMnt'S. individual flnancial
institutions or matunbes. The asset alloc:alion in the portfolio should. however. be flexible
depending upon the outlook for the economy , the securiliel market and the City's cash flow
needs.
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The City may invest to the following maximum limits within each category:
• 50% in Certificates of Deposit
• 40% in Commercial Paper
• 20% in Bankers Acceptances
• 30% in Corporate Bonds; 5% in any one issuer or its affiliates or subsidiaries
Tests for limitations on percentages of holdings apply to the compositlt of the entire portfolio of the
City, not to individual portfolios maintained by the City. Percentage limitations used for
measurements are based on the percentage of cost value of the portfolio .
INVESTMENT MATURITY AND LIQUIDITY
Investments shall be limited to maturities not exceeding five years. In addition, the ~hted
average final maturity of the total portfolio shall at no time exceed 24 months.
OTHER INVESTMENT GUJDEUNES
All investment transactions must be executed with broker/dealers and financial institutions that
nave been authorized by the City, and each transaction must be competitively transacted with at
least two authorized broker/dealers financial institutions. If the City is offered a security for which
there is no other readily available competitive offering, then the Director shall document
quotations for comparable or alternative securities. When purchasing original issue
instrumentality securities, no competitive offerings will be required, as au dealers in the selling
group offer those securities at the same original issue price.
The City seeks an active , rather than passive. management of its portfolio assets . Assets may be
sold at a loss only if the Director or the Investment Advisor feels that the sale of the security is in
the best long-term interest of the City.
SELECTION OF BROKER/DEALERS AND FINANCIAL INSTITUTIONS ACTING AS
BROKER/DEALERS.
The Director shall maintain a list of authorized broker/dealers and financial institutions which are
approved for investment purposes (see Appendix Ill), and it shall be the policy of the City to
purchase securities only from those authorized institutions and firms.
To be eligible, a firm/bank must meet at least one of the following criteria :
1. be recognized as a Primary Dealer by the Federal Reserve Bank of N-York,
2. report voluntarily to the Federal Reserve Bank of N-York.
3. qualify under Securities and Exchange Commission (SEC) Rule 15c-3 (Uniform Net Capital
Rule).
4 . be an FDIC member.
Broker/dealers and other financial institutions will be selected by the Director on the basis of their
expertise in public cash management and their ability to provide service to the City's account
Each broker/dealer. bank or savings and loan that has been authorized by the Director shall be
required to submit and annually update a City approved Broker/Dealer Information Request form
which includes the firm 's most recent financial statements. The Director shall maintain a tile of
the most recent Broker/Dealer Information Request forms submitted by each llrm approved for
investment purposes. Broker/Dealers shall also attest in writing that they have received a copy of
this Policy.
The City may purchase Commercial Paper from direct issuers even though they are not on the
approved list of broker/dealers as long as they meet the criteria outlined in Item 11 of the Eligible
Investments and Transactions section of this Policy.
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SELECTION OF BANKS AND SAVINGS AND LOANS AS QEPQSITQRIES AND PRQYIQERS
OF GENERAL BANKING SERVICES
The City shall maintain a list of authorized banks and savings and loans which are approved to
provide banking services or from whom the City may purchase certillcates of deposit Banks or
savings and loans in the judgment of the Director no longer offering adequate safety to the City,
will be removed from the list Although a bank or savings and loan is on the qualified list, it wiH stiU
be required to pledge collateral on all deposits and investments, pursuant to State law.
To be eligible for authorization. a bank or savings and loan shall qualify as a depository of public
funds in Colorado as defined in CRS 24-7~3.
SAFEKEEPING AND CUSTODY
The safekeeping and custody of securities owned by the City shall be managed in accordance
with applicable Federal and Colorado laws and regulations.
The Director shall approve one or more financial institutions to provide safekeeping and custodial
service!I for the City. A City approved Safekeeping Agreement shall be executed with each
custodian bank prior to utilizing that bank's safekeeping services. To be eligible for designation as
the City's safekeeping and custodian bank, a financial institution shaH
qualify as a depository of public funds in the State of Colorado as defined in CRS 24-7~3 and
be a Federal Reserve member financial institution.
Custodian banks will be selected on the basis of their ability to provide service to the City's
account and the competitive pricing of their safekeeping related services. The City's designated
custodian bank is set forth in Appendix IV of this Investment Policy.
The purchase and sale of securities and repurchase agreement transactions shall be settled on a
delivery versus payment basis. Ownership of all securities shall be perf9cllld in the name of the
City, and sufficient evidence to title shall be consistent with modem investment, banking and
commercial practices.
All investments, except certificates of deposit and local government investment pools purchased
by the City shall be delivered by either book entry or physical delivery and will be held in third-party
safekeeping by the City's designated custodian bank, its correspondent bank or the Depository
Trust Company (OTC).
All Fed wireable book entry securities owned by the City shall be evidenced by a safekeeping
receipt. or a customer conflnnation issued to the City by the cus10dian bank stating that the
securities are held in the Federal Reserve system in a Customer Account for the cuslodian bank
which will name the City as ·customer.·
All OTC eligible securities shall be held in the custodian bank's Depository Trust Company (OTC)
participant account and the custodian bank shall issue a saf9keeping receipt evidencing that the
securities are held for the City as "customer."
' All non-book entry (physical delivery) securities shall be held by the custodian bank's
correspondent bank and the custodian bank shall issue a safekeeping r9C8ipt to the City
evidencing that the secunties are held by the correspondent bank for the City as ·customer.·
The City's custodian will be required to fumish the City with a monthly raport of ucurities held as
well as an account analysis report of monthly securities activity .
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PROVISIONS FOR ARBITRAGE
The City periodically issues debt obligations which are subject to the provisions of the Tax Reform
Act of 1986 (section 148F), Arbitrage Rebate Regulations . Due ID the legal complexities of
arbitrage law and the necessary immunization of yield levels, the procedures undertaken in the
reinvestment of all or a portion of the proceeds of such debt issuance may extend beyond those
outlined in this Policy . The Director, upon advice from Bond Counsel and financial advisors, may
alter provisions of this Policy for arbitrage related investments as may be necessary ID conform
with federal arbitrage regulations. In all cases. however, investments will be in compliance with
Colorado Revised Statutes. This section is only applicable ID City funds subject ID arbitrage
restrictions.
REPORTING
An investment report shall be prepared, at least on a monthly basis, listing the investments held
by the City, the current market valuation of the investments and performance results. The
monthly investment report shall be submitted in a timely manner ID the City Manager and the City
Council. A record shall be maintained by the Department of Finance and Administrative Services
of all bids and offerings for securities transactions in order ID ensure that the City receives
competitive pricing .
The City has established reporting and accounting standards for callable U.S. Instrumentality
securities. Callable securities may be retired at the issuer's option prior ID the stated maximum
maturity. All securities holding reports for the City shall disclose the stated maturity as well as the
first call date of each callable security held. In the case of callable securities which are purchased
priced to the first call date and , in the opinion of the Director, have an overwhelming probability of
being called on the first call date, weighted average maturity, amortization as well as yield shall be
calculated using the first call date. The Director may, however, choose ID use a further call date
maturity date for reporting purposes when conditions mandate.
PERFORMANCE REVIEW
The Director and the City Manager shall meet at least quarterly ID review the portfolio's adherence
to appropriate risk levels and to compare the portfolio's total return to the established investment
objectives and goals .
The Director shall periodically establish a benchmark yield for the City's investments which shall
be equal to the average yield on the U.S. Treasury security which most closely corresponds to the
portfolio 's actual effective -ighted average maturity. When comparing the perfonmance of the
City's portfolio . all fees and expenses involved with managing the portfolio should be included in
the computation of the portfolio's rate of return.
ETHICS AND CONFLICTS OF INTEREST
Officers and employees involved in the investment process shall refrain from personal business
activity that could conflict with proper execution of the investment program , or which could impair
their ability to make impartial investment decisions. Employees and investment officials shall
disclose to the City Manager any material financial interest in financial institutions that conduct
business with the City, and they shall further disclose any large personal financial(uwestment
positions that could be related ID the performance of the City's portfolio. Employees and officers
shall subord inate their personal investment transactions ID those of the City partic:ular1y with
regard to the timing of purchases and sales.
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POLICY BCYllfONS
This Investment Policy will be l9View9d periodicaffy by the Dir8CIIDr and may be ame11ded as conditions warrant by the City Manager and the City Council
~~~
Approved by City Council
$ept8mber 17, 1990
Amended by City Council
December 16, 1991
Amended by City Council
April 5, 1993
Amended by City Council
June 20, 2005
Amended by City Council
Seplamber 5, 1995
Amended by City Council
December 15, 1997
Amended by Cly Council
Fsbnay 7, 2000
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Slate of Colorado, County of Arapahoe:
I, Louc:rilhla A Ella, City Clerk in and far the City of Englewood, in the Slate alaresaid, do hereby
certify that the foregoing is • ful, true and correct capv of the IIMISlment Polley • the _,,.
appears upon the records of my office which .. in my cualody.
Given under by hand and of'llc:illl seal, this __ day of ____ _, A.O. 2005, ----
o'clock _.m.
l.oucrWlla A. Ellil
City Clerk
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APPENDIX I
Authorlzad Peraonnel
The following persona are authorized ID conduct investment tra11Actiu11a and wint transfer funds on behalf at the City al Englewood:
S18Ye Dazzlo, Accuunting Manager
Jennifer Nolan, Accuuntant II
Kalhy Caaa, Accuuntant II
KM1 Engels, Accuuntant II
Frank Grygllwicz, OirectlOr of Finance and Adrnini8lnlllve Services
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APPENDIX II
APPENDIX Ill
Authorized BrokertDNlera and Financial ln8tltutlona
The following firms .. appr'CMd for investment purpaaes ~ the City at El iglewood.
Banc of America Securities, UC
Citigroup Global Martcets, Inc.
Lehman Brolhers Inc.
Men1I Lynch
Mizuho Securities USA Inc.
Morgan Slanley
UBS Fina'lc:ial Services Inc.
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APPENDIX IV
o..ignatlld Cuatocllal Banka
The following bank is authorized as the delignlll8d cuatodlal bank for the City of Englewood:
Wells Fargo Bank, NA
Nor1hatar East Building
808 Second Ave., 81h Floor
Minneapolis, MN 55402
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COUNCIL COMMUNICATION
Date: Agenda Item:
June 20, 2005
Initiated By: Staff Source:
Parks and Recreation Department Gary Hultberg, Recreation Manager/Operations
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council approved funding for the ball field lighting retrofit of Belleview and Spencer ball fields in the
2005 Arapahoe Open Space budget
RECOMMENDED ACTION
Recommendation from the Parks and Recreation Department that Council a~~-
conlrKt to~ ~ fjeld IIJhting at Belleview and Cen~ {~
recommends awarding the ·contract to the low"eslbkf'c1er, C&R llicinc of Northglenn, CO, In the
amou1tfof $44,747.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The aging ball field lights at the baseball/softball fields at Belleview Park and Centennial Park
(Spencer Field) no longer meet the minimum lighting standard. The retrofit wiR provide new lamps
and fixtures, re-aiming and cleaning to bring the lighting back to standard The retrofit will provide
30 candle power infield and 20 out field .
FINANCIAL IMPACT
The contract price is $44,747. The capital expenditure will be funded from the Arapahoe Open
Space approved budget
LIST OF ATTACHMENTS
Bid Tabulation Sheet
Bid Proposal
Contract
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City of Englewood Bid Tabulation Sheet
Bid Opening: 6/7/05 10:00 a.m.
ITEM: ITB-05-129 Ball Fleld Lighting Fixture Upgrade
Bid
Bond Belleview Parle Spencer Park
Vendor YIN Upgrade Upgrade Total Bid
Allstar EltH:trlt:al Service
Jon 303-399-7420 $ -
3311 E and An
Denlffll', CO B0216
Musco I •-L~--
David 3«H35-14" • -
9'169 W 119th Dr Suite 32
Broomffeld, CO B0021
C & R EJecfr#c
R-,.dtl 30:M50-6691 y • 10.150.00 • 34.597.00 • u._747.00
10475 Inna
Notfholeen, co B0233,
Commerr:1111 Uat,tlna & Electr#c
Sandy 303-820-2220 y $ 29,238.00 • 219,293.00 $ 241,531.00
931 W 5th Aw,
Denver, co B0204
Ludvik Electr#c
Roy 303-711-9601 y $ 13.505.00 $ 40137.00 $ 54~00
3900 S Teller St
Lakewood, co B0235
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Exceptions:
NOBID
NOBID
T•Pcarda
NoneNolad
NoPcarda
NoneNolad
NoPcarda
See bid document for ca.tflcatlon
BID PROPOSAL . ...,..,
BALL FIELD LIGHTING FIXTURE UPGRADE
ITEM
t:!Q. DESCRIPTION
1. Ball field upgrade -Belleview Park s..LQ,.J_SO
2 . Ball field lighting upgrade
Spencer Ball Field , (lighting Mfr. Model Q)y C:. CO
TOTAL BID
Does your compar.y accept payment in the form of a credit card? Yes /No __
Estimated date of delivery __ fl~,-· .... !,-~, ..,.g ........ J_.r ... \_D...._5,#-------
ALL MATERIAL F.O.B. CITY OF ENGLEWOOD
Belleview Park & Spencer Park
Englewood, CO 80110
Invoicing terms: '"'A."--e"-t----'30=--------
PRICE QUOTE F IRM FC R 90 DAYS .
EXCEPTIONS : ____________________ _
Signature
Pee:;. i ¢:t" \-
Trtle
C t-R E \E"t..tf\ cc.\
Company e o Bo ·, .Jj '-14/8
Address ..
.Jo 3-4S O ·b(;~< I
Telep hone
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CONTRACT
CITY OF ENGLEWOOD, COLORADO
THIS CONTRACT and agreement, made and entered into thill 2fl' day of June, 2005 by and between
the City of Englewood, a municipal COll)Or8llol'I of the State of Colorado here dar referred to • the
"CitY', and C & R Electrical Contrac:wls, Inc., 10475 Irma Dr. '13, Northglenn, CO 80233, here after
refen8d to aa the ·coutractor". Sealed propoeals were received for fumllhing all labor, tools, supplies
equipment, materials and everything neceuary and requinld for the following :
PROJECT: BALL FIELD LIGHTING FIXTURE UPGRADE
WHEREA~ proposala pursuant to l8id adWlr1IHment have been received by the Director of Parka &
Reaeallon or Authorized Representative wi:h a AICOffllTl8ndat that a contract for Ball Field Lighting
Fodure Upgrade be awarded to the above named Contraclor who was the lowellt l9llable and
responsllle bidder therefore, and
WHEREAS, pursuant to thill recanmendalion the Contract has been awarded to the Contractor by the
Oirector of Parks & Recreation or Authorized Repreaenlallve and l8id Contractor ill now warig and
able to pe,bm al of the work in accordance with the adv8ltlllement and his propoul.
NOW THEREFORE, in consideration of the cornpensalion to be paid the Contractor, and l1lllual
agreements cantained in thill contract, the parties agree to the folowlng:
A. Contract Docymenla: It ill agi98d by lhe parties hen*> that lhe folowlng lilt of
instruments, drawings and doamwllll which .. llllached or imrpmaad by
refefence conllllul9 and shall be ,_l9d ID elltw • the Contract Domnenls or
the Contract between lhe parties and they .. • fully a part of this agrw,all as if
they went set out verbatim and in ful.
Proposal
General lnfomlalion
General Condllionl and Minil1'un Spec:iflcatioi IS
Contract (!hill instrunwlt)
Performance Payment Maintenance Bond
Special Provisions
Detailed Drawings
B. Scope of Woric The Contractor agrees lo and shall fumilh al labor, tools ,
supplin, equipment, malerials and everythilg necesu,y for and required ID
do, perform and complele al the wort( delcribed, drawn, set forth, shown and
included in said Contract Documents.
,(
2800 S Platte River Or., Englewood , CO . 80110-1407 Phone (303) 782-2393 Fax (303) 783-e951
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c . Terms of Performance: The Contractor agrees to undertake the performance
of the work under this Contract on August 8, 2005 and agrees to fully complete
said work by 8:00 a.m. August 22, 2005 , plus such extension or extensions of
time 81 may be granted by the Director d Parka & Recreation in accordance
wi!h the provisions of the General Conditions.
0 . Terms of Payment The City agrees to pay the Contractor for the petformance
of al the work required under this contract, and the Contractor agrees to accept
as his ruu and only oompensation therefore, such sum or 1U1T111 of money 81
may be proper in accordance with the price or prices set forth in the
Contractor's Proposal .
E. INDEMNIFICATION: The City csinot and by this Agreement/Contrac does
not agree to indemnify, hold harmless, exonerate or assume the defense of the
Vendor or arry other person or entity, for any purpose. The Vendor shall
defend, indemnify aid save harmless the City, its otllcera, agents and
employees from any and all claims, derrBlda, IUits, actions or proceedings of
any kind or nature including 1/Vorker'a Compensation claims, in any way
resulting from or arising out of this Agreement/contract: provided, however,
that the Vendor need not indermify or aave harmless the City, its offlcera,
agents and employees from damages resulting from the sole negligence of the
City's offlcera, agents and emp loyees .
F. TERMINATION OF AWAAD FOR CONVENIENCE: The City may terminate
the award at any time by ~ng written notice to the aucceasful ll9ndor of such
temination and specifying the effecllve dale of such termination, at least thirty
(30) days before the effedlve dlllllt of such termination. In that event, all
finished or unfinished service, reports, naarial (1) prepared or fumiahed by the
successful firm after the award shall, at the option of the City, become its
property. If the award is lelmillaed by the City -provided herein, the
successful finn will be paid that amount which bears the same ratio 1D the total
compensation as the aenricel actually performed or malerial furnished bear to
the total services/materials the IUCCIISlful firm covered by the award, leal
payments of compenaatlon previously made. If the award is terminated due to
the fault of the aucceaaful finn , the clause relating to termination of the award
for cause shall apply.
G. TERMINATION OF AWARD FOR CAUSE: If, through any cause, the
successful finn shall fail to fulfl in a timely aid proper manner its obligations or
if the succeaaful finn shall violate any of the covenants, agreements or
stipulations of the award, the City shall have the right 1D terminate the award by
giving written notice to the succeuful firm d such teminalion aid specifying
the effective date of termination . In that event, al fumiahed or unfinished
services, at the option of the City , become its property, and the succeasful finn
shall be entitled to receive just, equitable ~ for any aatiafacto, y
work documents , prapan,d COl11)leled or mariall a fumlahed .
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Notwithstanding the above, the suc:ceuful ftrm shal not be relieved of the
llabllty to the City for damages sustained by the City by vir1ue of !nach of the
award by the succeuful firm. and the City may withhold any paymenla to the
succesaful ftrm for the purpoae of aet off untll lUCh an. .. the exact amount of
damages due the City from the successful firm la detemliied.
Contract Bindi1g: It is agreed Iha thil Contract shall be binding on and inunt
to the benetlt of the parties hereto, their heirs, executors , adnwliatrators ,
assigns and SI ICC8Sl0r8.
IN WITNESS VVHEREOF, the pa,tlea have caused this contract to be signed personally or by their
duly authorized ofllcers or agenta altested.
This Contract is executed in 3 counterparta.
CITY OF ENGLEV\000
By:. ________ _
Director of Partca & RecrNllon
Or Authorized Repn,eentalNe
ATTEST:
Lou Elia , City Clerk
CornpMy or Corpoiation
By: \\sc'¥.. C ~.~:J:nu,\
(PINN Print)
~!flt,~,
Slgnalure
2rffi\ckMt
TIiie
ATTEST: (AatoCorpor111io11)
By:~
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COUNCIL COMMUNICATION
Date: Subject
June 20, 2005
Agenda Item:
11 a i Right-of-Way Vacations at the L/E WWTP
Initiated By: Staff Source:
Public Works Department Rick Kahm, Director of Public Works
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
No previous Council action taken .
RECOMMENDED ACTION
Public Works recommends that Council adopt a bill for an ordinance vacating right-of-way on three
parcels located within or adjacent to the Littleton/Englewood Wastewater Treatment Plant (L/E
WWTP) property.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The L/E WWTP and the City's Public Works Department are jointly working to clean up ownership
and easement issues at this facility. Title commitments issued in conjunction with the Phase 2
expansion at the L/E WWTP and the purchase of the NHerbertson Parcel" showed property issues
requiring resolution. Our goal is to combine the numerous existing piecemeal properties into two
ownerships, one lot for the Servicenter and one lot for the L/E WWTP. A subdivision plat will be
prepared after the major title issues are resolved.
Title commitments identified three (3) parcels of public right-of-way that should be vacated. The
parcels are located within or adjacent to the L/E WWTP boundaries (see attached Vacation map
and legal descriptions). These rights-of-way have not been used by the Public for many years and
are fenced (or will be fenced) into the WWTP site.
The services of Jehn Engineering were retained to prepare the final subdivision plat for the site and
to prepare any required legal descriptions of internal parcels. Public Works staff has reviewed the
attached descriptions and finds them technically accurate.
FINANCIAL IMPACT
There is no financial impact related to this vacation of right-of-way.
LIST OF AlTACHMENTS
( Bill for an Ordinance
Right-of-way Vacation Map
Legal Descriptions and Exhibits for 3 Parcels
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BY AUTHORITY
ORDINANCE NO. utifit:zcllttt. No: 16
SERIES OF 2005 INTRODUCED BY COUNCIL
~ER.~~~~~
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AN ORDINANCB VACATINO THUB PAllC2LS Of THB IUGHT.QP .. WAY
LOCATED WITlttN Olt ADJACENT TO THE LITTLETON/ENGLEWOOD
WASTI!W ATER TREATMENT PLANT (L'S W'W1!). ·
WHEREAS, the Littleton/Englewood Wastewater Treatment Plant and the
Englewood Public Works Department arc jointly working to clean up ownership and
casement issues at this UE WWTP; and
WHEREAS, title commitments issued in conjunction with the Phase 2 expansion at
the UE WWTP and the purchase of the Hcrbcrtson Parcel showed property issues
requiring resolution; and
WHEREAS, the goal is to combine the numerous existing piecemeal properties into
two ownerships, one lot for the Englewood Scrviccntcr and one lot for the UE
WWTP; and
WHEREAS, the property underlying these rights-of-way belongs to either the City
of Englewood or the Cities of Littleton and Englewood as a part of the Wastewater
Treatment Plant and the Right-of-Way will revert to the underlying property owner;
and
WHEREAS, a fmal subdivision plat will be prepared after the major title issues arc
resolved; and
WHEREAS, title commitments identified three (3) parcels of right-of-way that
should be vacated; and
WHEREAS, the three parcels arc located within or adjacent to the UE WWWTP
boundaries; and
WHEREAS, the three Rights-Of-Way have not been used by the public for many
years and are fenced (or will be fenced) into the WW!P site ; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS:
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Section J. The City Council of the City of Englewood, Colorado hereby
authorization to vacate three (3) parcels of Rights-Of-Way which arc located within or
adjacent to the Littleton/Englewood Wastewater Treatment Plant property as shown
on attached Exhibit l; consisting of UE WWTP Vacation No. 1 -1545-203-107
3/17/200S; LIE WWTP Vacation No . 2 -1545-203-107 3/17/2005 and LIE WWTP
Vacation No . 3 -1545-203-107 3/02/2005 .
Introduced, read in full, and passed on first reading on the 20th day of June, 2005.
Published as a Bill for an Ordinance on the 24th day of June, 2005.
ATTEST: Douglas Garrett, Mayor
Loucrisbia A . Ellis, City Clerk
I, Loucrisbia 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 20th day of June, 2005.
Loucrislua A. Ellis
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EXHIBIT 1: Right-of-way Vacation Map
City ot Englewood
Department ot Public Wortcs
Vacation #3
f Vacation #2
AN SCAl.f : l Inell • lOO ,-
NAP OATI : Nay 27, 200S
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LITTLr.TON/ENGLtWOOD TIIEATMll:NT Pt.ANT
VACUION NO. I
150-20)-107
0)-17.05
0
SHEET I OF2
A VACATION OF A PORTION OF S. LIPAN STREET, AS RECORDED AT BOOK 2«M4 , PAGE SIJ AND
BOOK 2061 , PAGE Ill , ARAPAIIOE COUNTY PUBLIC RECORDS . LOCATED IN THE NORTHEAST
QUARTER OF SECTION 33. TOWNSHIP 4 SOUTH, RANGE 61 WEST OF THE SIXTII PRINCIPAL
MERIDIAN , CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS :
BASIS OF BEARINGS : BEARINGS ARE BASED ON THE ASSUMPTION TIIAT TIIE NORTII LINE
OF SAID NORTHEAST QUARTER OF SECTION 33 BEARS N 11"03'15" WAND MONUMENTED
AS FOLLOWS :
-THE NORTHEAST CORNER OF WIIICH BEING 3.25" ALUM . CAP LS 22571.
-THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF WHICH BEING A 2" BRASS CAP
IN CONCRETE STAMPED C.t.C OF DENVER.
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 33;
THENCE N 11"03'15" W ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER OF
SECTION 33 A DISTANCE OF 1317.11 FEET1-0111E NORTHEAST CORNER OF THE WEST HALF OF
THE NORTHEAST QUARTER;
TIIENCE S 01'44'37" W ALONG THE EAST LINE Of TIIE WEST IIALF OF THE NORTIIEAST
QUARTER A DISTANCE OF 1311.19FEETTOTHE POINT OF BEGINNING;
THENCE S 01'44'3T" W CONTINUING ALONG SAID EAST LINE A DISTANCE OF 775 .22 FEET;
TilENCE S 17°52'31" E ALONG THE NORTIIERLY LINE OF A PARCEL OF LAND AS RECORDED AT
BOOK 2061, PAGE 111, RECEPTION NUMBER 1319171 Of THE ARAPAHOE COUNTY PUBLIC
RECORDS A DISTANCE OF 30.00 FEET;
TIIENCE SO 1 '44'3T" W A DISTANCE OF 119.41 FEET TO A POINT ON THE NORTIIERLY RIGHT-OF-
WA Y AS RECORDED AT BOOK 6251, PAGE 427 , ARAPAHOE COUNTY PUBLIC RECORDS;
TIIENCEALONG SAID NORTllERLY RIGHT-OF-WAY LINE ALONG lllE ARCOf A NON-TANGENT
CURVE TO TIIE u;n WHOSE CHORD BEARS S 40°29'06" W, A DISTANCE OF 4 .14 FEET, HA VINO
A RADIUS OF 240.00 FEET, A DELTA OF01"09'16" AND AN ARC LENGTil OF 4.14 FEET;
THENCE N lrlll '41" WA DISTANCE OF 56 .97 FEET TO A POINT 30.00 FEET WEST AND PAllALLEL
TO SAID EAST LINE Of TIIE WEST HALF OF THE NORTHEAST QUARTER AND THE NORTIIEAST
CORNER OF A PERMANENT EASEMENT AS RECORDED AT BOOK 62$1, PAGE 431 OF TilE
ARAPAHOE COUNTY PUBLIC RECORDS;
TIIENCE NO 1'44 "3T" E ALONG A LINE 30.00 FEET WEST AND PARALLEL TO SAID EAST LINE OF
TIIE WEST HALF OF THE NORTilEAST QUARTER A DISTANCE Of 961.S5 FEET;
TIIENCE S 1ro2·,s· EA DISTANCE Of 30.00 FEET TOTI IE POINT OF aECINNING.
CONTAINING AN AREA OF 34,150 S.F., 0.IOOO ACRES, MORE OR LESS.
NOTE : TIIIS DESCRIPTION DOES NOT REPRESENT A MONUMENTED LAND SURVEY, TIIIS
DESCRIPTION IS INTENDED ONLY TO DESCRIBE TIIE ATTACHED EXHIBIT.
I, CIIRI STO PIIER II . McELVAIN , A SURVEYOR LICENSED IN TIIE sr ATE OF
COLORADO. DO IIEREBY CERTIFY TIIAT TIIE ABOVE DESCIUPTION WAS
PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND CHECKING.
CIIRISTOl'II ER II. McELVAIN
PROFESS IONAL LAND SUIIVEYOR
COLOR ADO REOISTAATlON NO . 36561
fOR AND ON BEllilLF Of
JEIIN ENO INEEIIINO , INC.
Sl5S WADSWOIITII BYPASS IA -100
AIIVADA. CO IOOO}
J l/""1tJ.ltrwou,ITJl¥M:ATIO#SIJ'*"'KI•
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BASIS or BEARINGS EX H I BI T
---------+N~~~e~1~!5<;!~ T~~ NE2~~.Ji~c~_J_J_ SHEET 2 Of' 2
NWCORNE1 /4,SEC.33 ~ 131718' --,l ----. T4S , R68W, 6TH PM · --.,.-
FND . 2" BRASS CAP IN POINT or
CONCRETE , STAMPED ..L..--S 01 '44 '37" W COMMENCEMENT
C&C OF' DENVER '+"" 1318.89' NE COR, SEC 33
UNPLATIED
BOOK 4492, PAGE 574
N 88°01'48" W
58 .97'
8 ~
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UNPLATTED
BOOK 4492, PAGE 574
S 8752'38" E
30.00'
T4S, R68W, 6TH PM
FND . J 1 /4" ALUM .
CAP, LS 22571 , 1993
I IOI • 1C1D 11[1
DAI[: 11117.111
~IPAN ST REET
6•01"0!l'te"
R•240.00,.'...---
L•4.84'
PC -JI Rev. 11001< 6 2!>1 PG •Je
ce-s 40'21roe· w
C0•4.84'
lOCAl10N
YACAllON
LOCAl[O IN 1HC NORlHCAST QUMlDI OF St:CllON lJ.
T~ 4 SQU1M, RANG[ II ll[Sl OF 1HC 1TH Plot.
AlltA. ~.a,o s.r OIi c,.-, AC111 t 11,u: VACATION NO I
SCAlC I" • 100' OJ 17 05 1~:ICO-I07 J107VACI
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LITIL!TONIENGLEWOOO TllltATMENT PLANT
VACATION NO. J
1'4,·211)-107
0)-17.0,
0
SHEET I OF2
A VACATION OF A PORTION OF ARIGHT-OF-WAY, LOCATED IN TIIENORTHEASTQUARTEROF
SECTION )), TOWNSHIP 4 SOlfTH, RANGE 61 WEST OF TIIE SIXTH PRINCIPAL MERIDIAN, CITY
OF ENGLEWOOD, COUNTY OF ARAPAHOE, ST A TE OF COLORADO, BEINO MOit!! PARllC\JLAIIL Y
DESCRIBED AS FOLLOWS :
BASIS OF BEARINGS : BEARINGS ARE BASED ON THE ASSUMPTION TIIAT TIIE NORTH LINE
OF SAID NORTHEAST QUARTER OF SECTION)) BEARS N ..-0)'15" WAND MONUMENTED
AS FOLLOWS:
• TIIE NORTllEAST CORNER OF WHICH BEING 3.25" ALUM . CAr LS 22571.
• THE NORTllWEST CORNER OF THE NORTHEAST QUARTER Of WHICH BEING A 2" BRASS CAP
IN CONCRETI! STAMPED CAC Of DENVER .
COMMENCING AT THE NORTHEAST CORNEIi Of SAID SECTION));
THENCE S 36'57'34" WA DISTANCE Of 1195 . .W FEET TO THE POINT o, IIGINNING;
THENCE S ll'V2'25" EA DISTANCE Of 252.01 FEET;
THENCE S 14'26'09" WA DISTANCE Of 10.23 FEET;
THENCE N ll'V2'3)" WA DISTANCE Of 211.22 FEET;
THENCE S 01'0'2r WA DISTANCE Of 6.00 FEET;
THENCE N ll'V2'2)" WA DISTANCE Of )).01 FEET;
THENCE N 01'4)'30" EA DISTANCE Of 6.00 FEET;
THENCE S A'02'))" EA DISTANCE Of 1.47 FEET;
THENCE N 01'4)')0" EA DISTANCE Of 10.00 FEET TO THE POINT OF IICIIIINING.
CONTAININO AN AREA Of 27114 S.F., 0.0621 ACllES, MORE OR LESS.
NOTE : nus DESCRIPTION DOES NOT REPRESENT A MONUMENTED LAND SIJIIVEY. THIS
DESCRIPTION IS INTENDED ONLY TO DESCRIBE THE ATTACHED EXHlllrT.
I. CHRISTOPHER If. McELVAIN, A SURVEYOR LICENSED IN THE STATE Of
COLORADO, DO IIEIIEDY CERTIFY THAT TIIE AIIOVE DEllCltl~ WAS
PREPARED DY ME OIi UND£1t MY DIRECT SU1'£llVISION AND CHECKINO .
CIIRI STOrllER II. McELVAIN
PROFESS IONAL LAND SURVEYOR
COLORADO REGISTRATION NO. 3'561
FOIi AND ON BEHALF Of
JEIIN ENGINEERING, INC.
5155 WADSWOIITll BYPASS #A-IOlt
ARVADA.CO-)
J IIJOWJ-11!\EXHlelmYM:Ano,G\Jl.,t'ACJclk
J/11-'1'#3 I IJ All
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EXHIBIT
SHEET 2 OF 2
0
0
NW COR NE1/4 SEC . 33 POINT OF
T4S, R68W, 6 TH PM COMMENCEMENT
FND . 2 " BRASS CAP IN NE COR, SEC 33
CONCRETE STAMPED T4S . R68W, 6TH PM
C&C OF DENVER BASIS OF BEARINGS FND . 3 1/4" ALUM.
j NORTH LIN~ Of' !HE NE 1/4, SEC . 33 CAP, LS 22571, 1993
,.-,,-"tfr------___ NB~~~ ~6~4._36_' ___ ----..-~;iii
UNPLATTED
BOOK 4492, PAGE 574
POINT OF
BEGINNING
L6
------~L:::'...S:::::~r?:::=7~~~~~~--:-:~,---J.
L4;::;:L.:,L-iJ~F=~~~;:;;::::;;:;:;:~~~
UNPLATTED
BOOK 1074, PAGE 531
LI NE BEARING
L1 s 14"2 6 '09 " W
L2 s 01"4 3'28 " W
L3 N 88"02 '23" W
L4 N 0 1"4 3'30" E
LS S 88'02'33" E
L6 N 01'43'30" E
IIOlll
MS IS NO, • \.NC> SUltYC'f P\.Af at
11111NtOV(ll(N1 Sl.llWY Pl.A t NO wc:»IAl(NfS
'll(JI( S[f rot ltC NltPNfATION f6"
,._ AflAC:HlO LCCM.. O(SQIIPnQN
JAHN
HCIIHIIIG JI ---·· -·-----------
LENGTH
10.23'
6 .00'
33 .01 '
6.00'
1.47'
10.00·
LOCAnON:
UNPLATTED
0 YJ' fl)'
~
11NCH •flJ rm
1),\1[: OJ 1705
VACATION
LOCA lED IN THE NORTHCAST QUARTER Of SECTION 33,
TOWN SttP 4 SOUTH. RANG( 18 WCST OF THE llH P .M.
All(A 2704 Sr OIi 0.0621 ACII( * 11.C· VACATION NO 2
SCALC 1" • 60' 03 17 05 i~S-20J-107 J107VAC2
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LIITLETON/1:NGLEWOOO TRt.A TM ENT PLANT
VACATION NO. J
1545-20)-107
0)-41.0,
U .
SHEET I OF2
A VACATION OF A PORTION OF A RIGHT-OF-WAY AS RECORDED AT BOOK 157, PAGE $-46AND
BOOK 121. PAGE 347, ARAPAHOE COUNTY PUBLIC RECORDS . LOCATED IN THE NORTHEAST
QUARTER OF SECTION ll, TOWNSHIP 4 SOUTH, RANGE 6' WEST OF THE SIXTH PtllNCIPAL
MERIDIAN , CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO. BEINO
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS : BEARINGS ARE BASED ON TIIE ASSUMPTION TIIAT THE NOR.TH LINE
OF SAID NORTHEAST QUARTER OF SECTION JJ BEARS N H'Ol'l 5• WAND MONUMENTED
AS FOLLOWS:
-TIIE NORTHEAST CORNER OF WHICH 6EINO J .25" ALUM . CAP LS 22571 .
-THE NORTHWEST CORNER OF llfE NORTHEAST QUARTER OF WHICH BEINO A 2" BRASS CAP
IN CONCRETE STAMPl!D cac OF DENVER.
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION JJ;
THENCE S 29°55'51" WA DISTANCE OF 1476.45 FEET TO THE N>INT Of' HGINNING;
THENCE S 01'45'41" WA DISTANCE OF J0.00 FEET;
TIIENCE N H'02'29" WA DISTANCEOF25.00 FEET;
THENCE N 01'45"41" EA DISTANCE OF U.00 FEET;
THENCEN ll'02'29" WA DISTANCE OF U7.76FEET;
T11ENCE N 01'0'21" EA DISTANCE OF U .00 Fl!ET;
THENCE S U'02'29" EA DISTANCE OF 112.n FEET TO THE N>INT Of' IRGINNING.
CONTAINING AN AREA Of J.116 S.F., 0.0715 ACllES. MOllE OR LESS.
NOTE: TIIIS DESCRIPTION DOES NOT R-1' A MONUMENTED LANO SUllVEV, THIS
D£SCRIPT10N IS INTENDED ONLY TO Dl!SCIUIIII! T1tE ATTACffED EXHIBIT.
I, CHRISTOl'HER 11. McELVAIN. A SURVEYOR LIC£NSED l'1 THE STATE OF
COL.OllADO, DO HEREBY CERTIFY THAT T1fE AIIOVE DESCRIPTION WAS
l'llEPARED BY ME OR UND£R MY DlllECT SUl'l!ltVISION AND CHl!CltDIO.
CHRISTOPHER II. McELVAIN
PROFESSIONAL LAND SURVEYOR
COLOIIAOO REGISTRATION NO. 36561
FOR AND ON BEHALF Of'
JEIIN ENOINEEtllNO, INC.
5155 WADSWORTH BYPASSIA-100
ARVADA.CO-)
J UJ4JUeJ..IINXHIWmt'ACA TJICWSUll7t'AO."-
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NW COR NEl/4 SEC . 33
T4S, R6BW, 6TH PM
FND. 2" BRASS CAP IN
CONCRETE STAMPED
C&C OF DENVER
EXHIBIT
SHEET 2 OF 2
BASIS Of BEARINGS
' NORTH LINE OF THE NE 1/4 SEC 33
111:0---.. ,---__ _!:!_!!.8~3.:!_5.::!___36]4.:_-56_'_·_
UNPLATTED
BOOK 1074, PAGE 531
POINT OF
COMMENCEMENT
NE COR , SEC 33
T4S, R6BW, 6TH PM
FNO . 3 1/4" ALUM .
CAP, LS 22571, 1993 ·~
N 01'43'28" E S 88'02'29" E 182.77' POINT OF 15.00' ·_:~--:---;;;;:=-;:::~.;::.:.:.:. ___ '---'7"-BEG1NNING
BOOK . 857, PAGE 546 s_.9
130
•4 ~48• \! ____ _
N 88'02'29" W 157.76' :00 __ .:_ _ B~!..'..:...PAGE 347
Nll8'02'29"W
2~.00·
UNPLATTEO
UNPLATTEO
BOOK 759, PAGE 118
UNPLATTED
TMS fS NOf A LNI) ~y 11\..Af Git
~._,., SIAt'A:V P\.At NO .. ,., .. ,ns •"l 51:f rc,t nc. ,wc,>MAftCN a,
ftC AJJAC'HCD l(CAl OCSC9MII.
JeHN
E"IIHIIH JI ___ .. _ -------·---
lOCAllON VACAllON
LOCATED IN THC NORTHEAST QUARTER OF SECTION 33.
T091SHF 4 SOU1H, RANG[ Ml WEST OF THC llH P.ll
-· l.11• Sr OIi O 0115 -· t n.£· VACA T10N NO l
scAU · ,· • eo· ~.3.~ 1~20l-10?> 3107VAC3
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C
ORDINANCE NO.
SERIES OF 2005
BY AUTHORITY
0
0
COUNCIL BILL NO. 17
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN ORDINANCE AUTHORIZING AMENDING TITLE 16: UNIFIED
DEVELOPMENT CODE OF THE ENGLEWOOD MUNICIPAL CODE 2000,
THBSE ARE HOUSEKEEPING AMENDMENTS.
WHEREAS, Title 16: Unified Development Code was adopted with the passage of
Ordinance No. 5, 2004; and
WHEREAS, Ordinance No. 5, 2004 was the first major rewrite of the zoning and
subdivision regulations in almost twenty years; and
WHEREAS, Ordinance No. 5, 2004 refomU11ted, reorganized and updated the Code as
well as establishing new regulations; and
WHEREAS, due to the complexity of the reorganization it was anticipated that small
oversights and errors were inevitable and that a "housekeeping" amendment would be
initiated to correct them; and
WHEREAS, this proposed Ordinance incorporates corrcctions, omissions and
clarification and also provides consistency with the other sections of Title 16;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section I . The City Council of the City of Englewood, Colorado hereby amends Title
16, Chapter 2, Section I, Subsection C ( I )(b) of the Englewood Municipal Code 2000, to
read as follows :
16-2-1 : Administrative and Review Roles.
The following entities comprise the review and decision-making bodies with respect
to admini stering this Title. The roles and functions of these bodies are described in
this Section and summarized in the table contained in Section 16-2-2 EMC below.
C . Board of Adjustment and Appeals.
I . Admi nistrative and Review Roles Under this Title. The Board of
Adjustment and Appeals ("Board") shall have the following
responsibilities in administering this Title:
a . Appeals from Building Permit Denials. The Board shall have power to
hear and determine appeals from refusal of building permits.
b . Administrative Appeals. In addition to such other jurisdiction u
authoriz ed by law, the Board shall have the jurisdiction and power:
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(I) To bear and decide appeals from and to review any order,
requirement, decision, or determination by the Chief Building
Official or any employee in the enforcement of this Title, or
similar Uniform Codes adopted by the City, except the Model
Traffic Code, and to bear and decide all mattcn referred to it, or
upon which it is required to pass under this Title or any
amendment hereto.
(2) In deciding upon appeals, the Board may revcne or afllrm,
wholly or partly, or modify any notice, order, requirement,
decision, or determination of any employee of the City in the
enforcement of this Title, and to make such order, requirement,
decision or determination as in its opinion ought to be made
and, to that end, shall have all the powers of the enforcing
agent.
~) Te hear 1111! lleeille appelll wll• it ie all11N 111 .. ia 111111e: ill
aey NIIIHNW. lleeieie11; er 11.....,.inntiea ml'lle 11, llMI Reel!
Pleia l:rfas" i1t,ater HI the eafe,11111111& er ndmiaietNtie11 ef
thia Title.
c. Zoning Varlancu. The Board shall have the jurisdiction and power in
specific cases to make specific cxceptiona to the terms, or modify the
strict application of the provisions of this Title, according to the
procedures within and consistent with the 1eneral pu:pose of this
Title.
Scctiop 2. The City Council of the City of Eqlcwood, Colondo hereby amends
Title 16, Chapter 2, Section 2, Table 2.1 of the Enalewood Municipal Code 2000, to
read as follows:
16-2-2 : Summary Table of Administrative and Review Roles.
The following table summarizes the review and decision-malcin1 respomibilities of the
entities that have specific roles in the administration of the procedura sot forth in
this Chapter. For purposes of this table, an "(Approval) Lapsin1 Period" refcn to the
total time from the application's approval that an applicant bu to proceed with, and
often complete, the approved action . Failure to take the required actioa within the
specified "lapsing period" will automatically void the approval . See Section 16-2-3 .L
EMC , "Lapse of Approval," below.
-2-
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"'---·· ~2-17 -
~2-11 clays to reconf
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""'"'·""""'· -• •
.3.
. -~
Conditional Use
Permits
Conditional Use •
Tclcconununication
Development
"aroomcnu
Flood plain Ocv't.
Permit and flood
Plain VorilDCOI
'"•t""• n..i=•tion
imitcd Review Use
Permits
Major Subdivisioos
"rclimirwy Plat
Sjna( Plat
Simultaneous Review
Pre •
imuwy Plat/Final
Plat
16-2-12 R D ~ ,J
16-7 R D ~
,J
16-2-15 R l> I
Seo Chapter 16-4 for applicable procedurca and lllaDdards
~ i ! ! g
16-2-13 l> A
,J
16-2-10
,.
R It l>
,J
R R l>
It It D
,J
-4-
,J ,J
I year
,J ,J ,J
,..000
'
~ llaled in
~arecmoat ..
i :l ~
·-
.......
,J ,J .... , .. PIii
,J ,J ,J .. ~ ........
,J ,J ,J ~.,. .. _... • •
)
.
leconlod Fiul PIM Nooe
-
Miao, Sublivioion 1~2-11
Pnhmiuryl'IM D A 6 moallll IC
,J IUbmil Final Plal
i.imll'III b ~ Ii() days IO record
kcconted raaal PIM Nooe
bnicial 1-iDc Mlp
R R b 1,
1~2-7 Nooe
Raoaiaa) ,J ,J ,J
,,
bven11 Concq,c Plan ~ yean IO
1~2-8 R R b ::,..ior OCP) ,J ,J SilePla
"UDand TSA 1~2-7 R R b Nooe.bu&-
Rezoning ,J ,J ,J OCPi..,.c
lrcmporary Use 1~2-14 D A ~---l'cmtits ,J ~
k.lnlis1ed Use 16-S -1.B b L\ .... bwificaiioos ,J
!Zoning Sile Plan 16-2-9 D ~
Zoning Variances 16-2-16 R b
./ ./ ./
CM/D -City Mauser er Dalpee ()lldudla& Ill• Develop-I lleYlow T••l
PC• Plaulqud Z.ala& C-•
CC • City Cauacll
9AA --...i or AdJ-.. 1 ud Appul1
Section 3. The City Council of the City of Englewood, Colorado hereby amends
Title 16, Chapter 2, Section 3, Subsection L, of the Englewood Municipal Code 2000,
to read as follows :
16-2-3: Development Application Procedures.
L. Lapse of Approval.
1 . Lapse of Approval--General. Many City ~ decjsjons to approve
applications covered by this Title arc based on an expectation that the
applicant intends to proceed with the proposed action as described within a
reasonable amount of time, and many approvals arc therefore time-limited.
The table in Section 16-2-2 EMC above summarizes those lapsing time
frames or periods. City approvals of these types must be followed by action
by the applicant to develop or alter the property as described in the
approved application before the end of the lapsing period-or the approval
shall be of no further force and effect.
2. Extension of Approval Periods. An applicant may request, and the
de~ision-making body that granted the original approval may grant one (1)
extension of the approval for a period equal to the original lapsing period.
Extension requests shall be evaluated on the basis of compliance with
regulations and policies in effect at the time of the extension request, and
will be allowed only when the following conditions exist:
a . The provisions of this Title or this Chapter must not expressly prohibit
the extens!on ; and
b. The extension request must be filed in a form established by the City
and include all exhibits and fees ; and
c . The applicant evidences that the delay in taking action under the
approval was caused by circumstances beyond the applicant's control.
-6-
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An appeal from a determination to extend an approval time frame shall
be made to the appeal body who would have heard an appeal of the
original approval.
~-Termination of Postponed Application. Any application made pursuant to
Ihm Title which has been postponed or continued for a period of one
hw>dr;d eighty <180} days shall lapse.
Section 4. The City Council of the City of Englewocxl., Colorado hereby amends
Title 16, Chapter 2, Section 10 of the Englewood Municipal Code 2000, to read as
follows :
16-2-10: Major Subdivisions.
Approval of a Major Subdivision Plat is required whenever a subdivision of land wi&
requirq the dedication of land for public rights-of-way, eaeemelllll, or public areas.
Approval of a Major Subdivision Plat requires a two-stage process involving
(1) approval ofa preliminary plat by the Commission, and
(2) approval of a final plat document by the Council. The Minor Subdivision process
in Section 16-2-11 EMC, shall apply where dedication of land is not required and to
certain boundary adjustments and lot consolidations.
Section 5. The City Council of the City of Englewood, Colorado hereby amends
Title 16. Chapter 2, Section 17, Subsection D, of the Englewood Municipal Code 2000,
to read as follows:
16-2-17: Administrative Adjustments.
D. Permitted Adjustments.
2 . Scope of Authority--All Adjustments Except Reuonable Accommodations
Under FFHA. An application for an Administrative Adjustment that is not
related to a request for "reasonable accommodation" under the Federal Fair
Housing Act may request only the following types of adjustments:
a. Side or Rear Setbacks: Adjustments to any side or rear setback
standard may be permitted as follows:
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b. Principal Dwelling Unit Expansion: Adjustments may be permitted to
the front and/or side setback standards for one-unit detached
residential dwellings to allow expansion of the principal dwelling's
habitable space to match an existing front setback encroachment u
follows:
( 1) The front and/or side setback encroachment existed on the
effective date of this Title.
(2) The linear frontage of the facade of the expansion shall be less
than or equal to the linear frontqe of the portion of the
dwelling that already encroacbes into the setback. (See Figure
16-2(1): C must be less than or equal to 8 .)
(3) The addition or expansion shall not extend beyond the front
and/or side building line of the principal dwelling (not beyond
the leading edge of the existing encroachment.) However, no
addition or expansion may encroach more than five feet (5')
into the required front setback. (See Figure 16-2(1 ): A may not
be greater than five feet (5').
c . Existing Front Porch : Adjustments may be permitted to existing,
unenclosed, covered front porches that encroach into the front
setback, subject to compliance with the following conditions:
(I) The porch encroached into the front setback prior to the
effective date of this Title .
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(2) The adjustment shall not increase the existing encroachm1.-nt
into the front setback; and
(3) The porch shall not be enclosed.
tl .Ve.1 F,w,it P61'elt. Allj11a1mea1& Rl8Y he peffltittea le allew
eeasmietiea ef new ee·,el'ell pe,ehea as fellewa :
flt The pereh shall net eaereaeh mere .it8II fi¥e feel (S') itlle lhe
,eq11i,ea &eat sethaek; 888
~ The pe,eh shell net he eneleaea.
~ Off-Strut Parki,ig: Adjustments of ten percent (10"/o) or less of the
minimum number of required off-street parking spaces, as set forth in
Section 16-6-4 EMC, except such adjustment is not available for one-
unit or two-unit dwellings uses
Section 6. The City Council of the City of Englewood, Colorado hereby amends
Title 16, Chapter S, Section l, Subsection C, of the Englewood Municipal Code 2000,
to read as follows :
16-S-l : Table of Allowed Uses.
Table 16-5-1.1 below sets forth the categories and types of uses allowed within the
respective zoning districts.
C. Table of Allowed [fse.s.
• PERMITTED USEC • CONDmONAL USE A• ACCESSORY USE T• TEMPORARY USE L-LIMITED USE
-A • ACCESSORY USE APPROVED CONDmONAU Y L-A • ACCESSORY USE APPROVED Willi LIMITED USE
ROCEDURE
IDEN11AL USES
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!Ollepry
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COMMERCIAL USES
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P.caten(lnulaalMle) .. .. .. .. p ..
Saeli ulaal veterlnry L , le .. p ~ ... -..
~ ........ adllor1-.. .. le .. .. ........ ,.. ............
Ndlll--...
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Mkrellnwory p ~ • .. ..
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{Repair ud Rnlol) ~ .... ( ............ • , , p • ••>
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r , , 16-5-2.C.lt
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1,\ ......... -~.-....... ..., .. " " 16-5-J.C.4 IM' ............
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...........
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............... IP
V ....... Accee_.,.._ ...... " IP
Ware-.e w. ............ p ,
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........ --. ... C " " IM-1.D.J
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......... --..,_, "
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---rlldllty • "'
~ .... -....... "' IP
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literaae yonl r.r .........
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~ ............ .. p 16-5-LD.S ,......_ .......
woo1a15amp
...._.._
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C .6-5-LD.S ............... -~--~ w----<-~ ~ ·->
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..
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..................... L-~ i,-A i,-A l.-A
c.-........ IA A IA "
Dwallllry A IA "
e---,.11ea IA " A IA IA IA IA ,~.C.I
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c. ... II' r r II' r II' II' r II' r II' r
1.,..... ..... .., .. r
nillla&facllllol r II' r Ir r r ir r !r II'
-
i,..-..ue r Ir r r r
, ,_v..._c_ Ir r Ir Ir II'
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'
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USES NOT S-16-5-1.Bfer ....................................... _ .............. ~ ...
IIIENTIONED
_,.....,._
Sectjop 7. The City Council of the City of Englewood, Colorado hereby amends
Title 16, Chapter 5, Section 2, Subsection A, of the Englewood Municipal Code 2000,
to read as follows:
16-5-2: Use-Specific Standards.
A . Residential Uses.
3 . Manufactured Home Park.
b. Standards for Development of Manufactured Home Par/c.s .
(8)(a) Yards, Open Spa e ,f'i~ 11, ~ Manufactured
Home Units and Spacing of Uniu.
(9) Distance to Common Areas. Except u provided above,
distance from any exposure to a street pavement or to the
edge of a common driveway, a common partina area, a
common walk, or other common area aball be at leut eipt
feet (8'). For Class A exposure this distance shall be at lcut
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fifteen feet (15'). Carports open in a manner which assures
compliance with the provisions of subsection (8)(5),
"Maximum Lot Coverage," may extend to within four feet
(4') of a common sidewalk adjaee11t te ~ a street or
common parking area, or to within four feet (4') of the street
pavement or common parking area if no such sidewalk is
involved; but the carport may not be in the required livable
space or in any portion of the open space which constitutes a
Class A exposure.
Spacing of Manufactured Home Dwelling Units on Adjeee11t
~ Lots. Minimum required distances between
manufactured home dwelling units, or additions thereto
enclosed for more than fifty percent (50"/o) of their
perime,ers, shall be the sum of the required distances for the
exposures involved.
( 19) Screening. Adequate protection shall be provided the residents
of the park from any undesirable off-site viewe or any adverse
influence from adjoining streets and properties. To this end,
the park shall be surrounded by a fence, wall, or planting
screen on all sides abutting er aejaeeBt te other private
property, or an arterial street or highway. If a fence or wall is
used, it shall be at least six feet (6') in height and of solid
construction. If vegetation is used in place of a fence or wall,
it shall be of a nature that provides equivalent protection to
the property and to neighboring property . Notwithstanding
other requirements of this provision, no fence, wall or
vegetative screening shall be permitted to extend into any
required exterior yard at a height or in a manner that
materially impedes the visibility of a motorist exiting from
the park onto a public street
Section 8. The City Council of the City of Englewood, Colorado hereby amends
Title 16, Chapter 5, Section 5, Subsection E, of the Englewood Municipal C9de 2000,
to read as follows :
16-5-5 : Temporary Uses and Structures.
E. Specific Regulations for Certain Temporary Uses and St"'ctures.
2 . Farmers Market.
a . Applicability. Temporary use for a farmers market that
provides seasonal offering for sale of f'n:sb aa,icultural JNMle
produce, fruits, Oowm, food and beveruq. and uu and craft
items <but QQl including second-hand goods} directly to the
con umer at an open-air market.
b . Standards and Req:,irneenu for Approval. In addition to
meetina the 1encral standards listed above, all temporary
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farmers markets approved punuant to this Section shall meet
the following standards and requirements:
(1) Goods may be sold or displayed from a motor vehicle or
trailer.
(2) Sale of alcoholic beverages is prohibited.
(3) Hours of operation shall be limited to six-thirty o'clock
(6:30) A.M. to twe tlii,ty JliDc o'cloc.k (~) ~
P .M. including set-up and clean-up.
c. Duration. Farmers markets may operate itM twg (+) ~) day~
per week per site during the period from Me ~ I to October
31 . The City Manager or designee may consider extensions
based on seasonal conditions.
Section 9. The City Council of the City of Englewood, Colorado hereby amends
Title 16, Chapter 6, Section I, Subsections D, F and G, of the Englewood Municipal
Code 2000, to read as follows:
16-6-1: Dimensional Requirements.
D. lots: Special Regulations.
2 . Residential Comer Lot Regulations.
a . The minimum front setback requirement stated in Table 164-1.1
above shall apply to the shorter side of a rectangular-shaped comer
lot, and the side setback shall apply to the-.. JRg side of the
lot. The intent is to apply the front setback to the side of the
comer lot that aligns with the front yards and setbacb of homes
located on the long side of the same block.
b. Reverse comer lots are prohibited.
F. Setbacks and Yards: Special Regulations.
5 . Permitted Projection Into Setbacks/Yards.
e. Porches, Stoops Decks, Te"aces, and Pati03.
(I) Enclosed porches and any poreh stoop, deck, tcmce, or
patio greater than thirty inches (30"} above mde may not
extend or project into required front or side setbacks.
(2) Petie&, Uncovered porches, stoops, • decks, tcgxes apd
~ 1111ee. erect lllcl with a vlkip• surfp which is less than
thirty inches (30") above pade, may extend no more than
thirty percent (30%) of the required setback distance into tbe
required setback area.
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(3) Covered (Menelesecl) porches,~ decks, terraces, and
patios affeehed te NsideMial d· .. ellitlgs, me,e with a walking
surface which js less than thirty inches (30") above grade, may
extend no more than five feet ( S') into a required front or rear
setback, or five feet (S') into a required side setback that ilt
a41jseent te ~ a street, provided they do not encroach into
or bang over an easement or a property line and the
encroachment does not obstruct sight distance requirements
per City standards.
f. Mcchaoical Equipment.
ill Residential zone districts.
W HYAC condensers arul wmdow-mouotcd air
conditioning units may be located within side or rear
5C1baw.
ru AU zone districts.
Other small-scale mcchapjcal eauipmcot may be
permitted within sctbacb at the discretion of the
City Maoagcr or dcsigncc.
Handicap Access Ramp.
ill Ramps designed for handicap access may project into my
required setback.
G . Bulk Plane Requirements.
2 . Applicability and Exceptions.
b . Exceptions.
( 1) The bulk plane requirements in this subsection shall not apply to
new residential development in the MU-8-'l, MU-8-2, or TSA
zone districts. The bulk plane requirements in this subsection shall
not apply to structures or portions of structures exempt from the
maximum height limits, as specified in subsection 16-6-1.E.I
EMC.
(2) Dormers with windowfll) may partially protrude through the bulk
plane defined below for a maximum cumulative length of fifteen
(IS) linear feet. measured horizontally at the point of
intersection with the bulk plane, and provided the vertical height
of a dormer window does not extend above the height of the
ridgeline of the roof surface from which the dormer protrudes.
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Section 10. The City Council of the City of Englewood, Colorado hereby amends
Title 16, Chapter 6, Section 3, Subsection F, of the Englewood Municipal Code 2000,
to read as follows:
16-6-3 : Streets and Vehicle Access and Circulation.
F . Vehicle Access and Circulation.
3. New Intersections and Curb-Cuts.
b. Driveways, Residential.
(I) One-Unit, Two-Unit, or One-Unit Attached Dwellings.
(a) The width of any driveway leading from the public street to a
one-unit dwelling, two-unit dwelling, or one-unit attached
dwelling shall not exceed twenrJ feet (20') at its intersection
with the street.
(b) A driveway serving a one-unit, two-unit, or one-unit attached
dwelling shall be separated from a residential driveway located
on an iWljeeeM ~ lot by at least ten feet (10'). All parts
of this ten foot (10') separation under the applicant's control
shall be landscaped with living plant material ..
(c) See also Section 16-6-10.8. EMC, "Residential Design
Standards and Guidelines,• for additional driveway standards
that apply to new residential development, including
substantial expansions or alterations of existing dwellings, in
the R-1 and R-2 zone districts.
Section 11 . The City Council of the City of Englewood, Colorado hereby amends
Title 16, Chapter 6, Section 4, Subsection F, of the Englewood Municipal Code 2000,
to read as follows :
16-6-4: Off-Street Parking and Loading Requirements.
F. Off-Street Vehicle Parking Requirements and Design.
4 . M inimum Parking Space and Aisle Dimensions. All off-street parking
spaces shall comply with the dimensions shown in the following drawing
Figure 16-6(4) and Table 16-6-4.2, below. Please note that the letters in
Figure 16-6(4) correspond to the letters heading the columns in Table 16-
6-4.2 :
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(!'.1". ' C I :i.
le
otateTallle:
c:ccu
·vc
i--~--,.~~--ft)3
Cena to Center vcred Spaca
idtb ft)
fTwo Row Bay with
isle Becweea)
ft)
ft.
ft.
ft.
ft.
II The first width is for IIUldard pu\iQ& spaces. and the~ is for occeaible spaces (inchaclms acceu aisle). S..
tioo 16-6-4.G. below.
21 If continuous curbing is provided punuul to Sccticm 16-6-4 .F.6, "CODlin-Curt.,• the lcnatb of eadl ftall..me
tall~~ -such cootinllOUI c:urbina may be nodaced by 1.5 feet.
31 As applicable, the first width is for ooe-way -drives, ud die IKGDd fiaure is for rwo--y accas drives.
Section J 2. The City Council of the City of EnaJewood, Colorado hereby amends
Title 16, Chapter 6, Section 4, Subsection F, of the Englewood Municipal Code 2000,
to read as follows:
16-6-4 : Off-Street Parking and Loading Requirements
F. Off-Street Vehicle Parlcing RequinlflelUS a,uJ De.sip
5 . Continuous Curbs .
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a . General. Continuous curbs shall be provided, located, and designed to
protect required screening devices and landscaping and pedestrian ways
from damage or encroachment of vehicles and to provide necessary
traffic control in the parking area.
b. Specifications for Continuous Curbs. Continuous curbs shall be made
of asphalt, concrete, or stone, and shall be a minimwn of six inches
(6") in height and six inches (6") in width. They shall form a non-
interrupted edge around all landscaped areas adjaeeat te ~
parking and tum-around areas that are not protected by wheel stops.
c. Placement. The continuous curb shall be located a minimwn of four
feet (4') from any structures, buildings, walls, or plant material,
excluding groundcover, to prevent a vehicle from driving onto the
landscape area or bitting any structure or plant material at the edge of
the parking area.
Sectjon 13 . The City Council of the City of Englewood, Colorado hereby amends
Title 16, Chapter 6, Section 12, of the Englewood Municipal Code 2000, to read as
follows:
16-6-12: Operating Standards.
D . Operational/Physical Compatibility. The City may impose conditions upon the
approval of any development to ensure that it is compatible with adjacent eP
~ existing uses, including but not limited to, conditions that restrict:
1 . Hours of operation and deliveries;
2 . Location on a site of activities that generate potential adverse impacts on
adjacent uses such as noise and glare;
3 . Placement of trash receptacles;
4 . Location of loading and delivery areas;
S . Location and placement of outdoor intercom systems and other
amplification systems;
6 . Light intensity and hours of full illumination; and
7 . Placement and illumination of outdoor activity areas and equipment,
including vending machines.
Section 14 . The City Council of the City of Englewood, Colorado hereby 11DCDds
Title 16, Chapter 6, Section 13, Subsection J , of the Englewood Municipal Code 2000,
to read as follows :
16-6-13: Signs.
J . S igns Permitted in Commercial and Industrial Districts. Signs that meet the
following criteria may be constructed, displayed, and maintained in the MU-B-
l , MU-8-2, TSA, 1-1 , and 1-2 districts u follows :
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3 . Permitted Sign Types.
a . Ground Signs.
(1) A maximum of one (1) ground sign is permitted per
business, regardless of the number of lots a single business
occupies.
(2) The maximum height of a ground sign shall be twenty feet
(20'). The distance between signs on edjtleeel ~ lots
shall be not less than the height of the taller sign.
(3) If there is more than one (1) business in a building or ifa
group of buildings are associated by ownenhip, no ground
signs are permitted except joint identification signs.
(4) Where a ground sign bas two (2) or more display faces, only
one shall be included in determining the area of the sign.
(S) Ground sigm shall not encroach into any public right-of-
way.
S. Signs Additionally Allowed. The following signs are also allowed in
commercial and industrial woes subject to the conditions stated.
f. Short-Term Advertising Signs. In addition to other signs allowed in a
permitted use, each business or designated use may be permitted
short-term advertising signs, provided such signs are limited to
window or wall signs. Window signs shall not cover more than
twenty percent (20%) of the window area above that specified in
subsection 3(F). Wall signs shall not be greater than fifty (SO)
square feet in area and subject to the limitations of subsection 3(E).
All such signs shall require a permit and shalJ be limited to a two (2)
week period. A mgjmum of six t6} short-term advertising sip
sb•II be permitted pg UK per calendar year. 1'1-har ef lllle11 wm
aigm allewa4 .-eal111dar year. Such signs shall show the date of
installation or display.
Section 15 . The City Council of the City of Englewood, Colorado hereby amends
Title 16, Chapter 8, Section I, Subsection C, of the Englewood Municipal Code 2000,
to read as follows :
16-8: SUBDIVISON DESIGN, IMPROVEMENTS, AND DEDICATION
STANDARDS
16-8-1: Applicability.
C . Major Subdivisions.
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I . Applicability. A Major Subdivision is required whenever a subdivision of
land requires the dedication of land for public rights of way, -111e11lfl, or
public areas.
2 . Procedure for Approval of a Major Subdivision. A Major Subdivision may
be approved by the Commission and Council, subject to the procedures set
forth in Section 16-2-10 EMC, "Major Subdivisions".
Sectjog 16. The City Council of the City of Englewood, Colorado hereby amends
Title 16, Chapter II, Section l, Subsection F (b), of the Englewood Municipal Code
2000, to read as follows:
16-11-1: Use Classificati ns.
F. Commercial Uses.
9. Food and Beverage Service.
a. Characteristics. This category includes establishments, for example,
restaurants, cafes, coffee shops, bars, taverns, and any food/beverage
sales establishments, which sell food for on-or off-premise
consumption. Accessory uses may include decks and patios for
outdoor seating, drive-through facilities, customer and employee
parking areas, and valet parking facilities.
b . Specific Use Types. This category includes the following use types:
(I) Caterer. A service consisting of preparation and delivery of
food and beverages for off-site consumption, without provision
for on-site pickup or consumption.
(2) Microbrewery. A faeiiit, M wlliell M81', r..... 811 the
p1emi-, ii llellleil m aeW. 1111 , elw er"-pl"INktetie11 ef
(3)
(4 )
MNlh flleility _,. 11111 •11•• ewe ..... ~99) pllw ,--,,.
A facility for Jhe production and ..... psjpg of becr fermented on
the premises for djstributiop, retail, or wholesale on or off the
premises , The volume of bcer production of such facility lbell
not exceed 12,000 barrels o[bcq per year.
Restaurant, Bar, Tavern (with or without outdoor operations). A
retail establishment where the principal business is the sale of food
and beverages in a ready-to-consume state. This use type includes
lunch counters and rcfrcshmcnt stands selling prepared food and
drinks for immediate consumption. Operations may include
outdoor seating areas or outdoor food service, subject to all
applicable use and development standards set forth in thia Title.
Restaurant, with Drive-Through Service. An eatin&/drinking
establishment in which the principal busineu is the sale of foods
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or beverages to the customer in a ready-to-consume state and in
which the design or method of operation of all or any portion of
the business allows food or beverages to be served directly to the
customer in a motor vehicle without the need for the customer to
exit the motor vehicle.
Take Out and Delivery Only. An eating/drinking establishment,
generally without patron seating, that provides food and/or
beverages to be delivered or to be picked typically for
consumption off the premises of such establishment.
Brewpub. A restaurant that included the brewing of beer as an
accessory use. The volwne of beer production of such facility
shan not exceed 2.400 barrels per year.
Section 17. The City Council of the City of Englewood, Colorado hereby amends
Title 16, Chapter 11, Section 2, of the Englewood Municipal Code 2000, insert in
alphabetical order, to read as follows:
16-11-2: Definition of Words, Terms, and Phrases.
B . Definition of Words, Terms, and Phrases.
Abut and/...or Adjoi~: To physically touch or border upon or to share a common
property line .
Adjacent: BeRiePi.ag, te11ehilig, er el111Niag, 1111eh H llhePi.11g • ee-e11 prepet't) lilie,
e,, !iep1FMe4 ealy 1,y • p11l,lie ,..,., alley, er pPi.·JBte d,i·.,e. Nearby. but not
necessarily touching.
Brewpub: A restaurant that includes the brewing of beer as an accessory use. The
voJume of beer production of such facility shall not exceccl 2,400 barrels per year
Farmers Market: The seasonal offering for sale of fresh agricultural~
fruits, flowen, food and beverages, and arts and craft items lbut not incJuding second-
hand goods) directly to the consumer at an open-air market.
Inte rn et Sales Loca tion : A spccjfjc type of rctaH sales and service use. A retail
es tabli shment acting as a sales broker that accepts new or used goods for sale oo an
int ern et auction site. The establishment may be open to the general public for
viewi ng and sale of items . Storage is limited to those items acccptcd for sale
Microbrewe'). A epeeifie fY1'8 ef fee4 884 "" -ge --.N -· I, feeilit, • whieh
eeer, feRBeale4 ea the premi••. i1 lleHIN 8841814. "Ale .el-efllNr preneti1111
ef s11eh feeilil) Mey ael e11eee4 ~e hllB4re4 (:3QQ~ aellw per lie,.
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A facility for the production and packaging of beer fennented on the premises for
distribution. retail. or wholesale on or off the premises. The volume of beer
production of such facility shall not exceed 12,000 barrels of beer per year .
See definition of "Food and Beverage Service".
Minor Subdivision : Subject to the provisions of Chapter 16-8 EMC, "Subdivision
Design. Improvements. and Dedication Standards", a "Minor Subdivision" includes all
of the following actions, provided no such actions require the dedication of land for
streets, easements, or public areas:
(A) Unplatted land is to be platted, divided, or combined with any other land
whether platted or unplatted.
(8) A single platted lot is to be divided into two (2) or more lots.
(C) A parcel previously platted into lots is to be divided into two (2) or more new
lots inconsistent with the historical platted lines.
(D) Adjustment of boundary line(s) between previously platted parcels
inconsistent with historical platted lines
(E) The creation of condominiums. town home communities, and other forms of
airspace ownership or air-right subdivisions, as described and defined in C .R.S .
38-33-101, et seq., as amended.
Sec definition of "Subdivision".
Section 18. Safety Clauses. The City Council hereby fmds, determines, and
declares that this Ordinance is promulgated under the general police power of the City
of Englewood, that it is promulgated for the health, safety, and welfare of the public,
and that this Ordinance is necessary for the preservation of health and safety and for
the protection of public convenience and welfare . The City Council further
determines that the Ordinance bean a rational relation to the proper legislative
object sought to be obtained.
Section J 9. Sevcrabjljty. If any clause, sentence, paragraph, or part of this
Ordinance or the application thereof to any person or circumstances shall for any
reason be adjudged by a court of competent jurisdiction invalid, such judgment shall
not affect, impair or invalidate the remainder of this Ordinance or its application to
other persons or circumstances.
Section 20 . Inconsistent Ordinances. All other Ordinances or ponions thereof
inconsistent or conflicting with this Ordinance or any portion hereof are hereby
repealed to the extent of such inconsistency or conflict.
Section 21 . Effect of [CJ!CAI or modjficatjoo The rcpca1 or modification of any
prov1 ion of the Code of the City of Englewood by this Ordinance shall not rclcuc,
cxtingui h, alter, modify , or change in whole: or in part any penalty, forfeiture, or
liability, either civil or criminal, which shall have: bc:c:o incurred under such provision,
and each provision shall be treated and held as sti ll remaining in force for the
purpo e of ustaining any and all proper actions, suits, procc:c:dings, and prosecutions
for the: enforcement of the: penalty, forfeiture, or liability, as well as for the purpose:
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of sustaining any judgment, decree, or order which can or may be rendered, entered,
or made in such actions, suits, proceedings, or prosecutions.
Section 22 . .hDlltx. The Penalty Provision of Section 1-4-1 EMC shall apply to
each and every violation of this Ordinance.
Introduced, read in full , amended and passed on first reading on the 16th day of May,
200S.
Published as an amended Bill for an Ordinance on the 20th day of May, 200S .
A Public Hearing was held on the 6,.. day of June, 200S.
Read by title and passed on final reading on the 2~ day of June, 200S.
Published by title as Ordinance No. _, Series of 200S, on the 24th day of June,
200S.
Douglu Garrett, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I, Loucrisbia A. Ellis, City Clerk of the City of F.ng1cwoocl, Colorado, hereby
certify tint the above and foreaoina ii a true copy of the Ordinance passcd on final
rcadina and publisbcd by title u Ordinance No. _, Series of 2005.
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ORDINANCE NO.
SERIES OF 2005
BY AUTHORITY
0
0
COUNCIL BILL NO. 19
INTRODUCED BY COUNCIL
MEMBER WOLOSYN
AN ORDINANCE AlJTHORIZINO AMENDING TITLB 16, CHAPTBR 6,
SUBSECTION B, OF THE UNIFIED DEVELOPMENT CODE OF THE
ENGLEWOOD MUNICIPAL CODE 2000, Pl!llTAJNINO TO Pl.ONT SETBACKS
IN TIIE MU-B-2 ZONE DISTRICT.
WHEREAS, the Unified Development Code provides a front setback of zero or five
feet for buildings or additions as established in the MU-B-2 zone; and
WHEREAS, this setback was recommended by urban designers to create a strong
development edge along commercial corridors in Englewood; and
WHEREAS, in the process of reviewing development proposals it became apparent
that this will not result in the best site design to accommodate, for example, vehicle
circulation, pedestrian amenities and safety; and
WHEREAS, there are, in particular, four situations where the setback would be
difficult to meet which are: 1. Sidewalk cafes. 2. Additions to existing buildings. 3. Deep
commercial properties. 4. Drive-thru uses; and
WHEREAS, adoption of this ordinance will amend the UDC requirements for front
setbacks in the MU-B-2 zone district; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. Tbe City Council of the City of Englewood, Colorado hereby amends Title
16, Chapter 6, Section l, Subsections B and C, of the Englewood Municipal Code 2000,
to read as follows :
16-6-1 : Dimensional Requirements .
B. Summary Table of Dimensional Requirements for Principal Uses and
Stru ctures. All principal structures and uses shall be subject to the intensity and
d imensional standards set forth in the following Table 16-6-1.1. These
standards may be further limited by other applicable sections of this Title .
Additional regulations for the residential districts, and special dimensional
regulations related to lot area, setbacks, height, and floor area are set forth in
the subsections immediately following the table. Rules of measurement are set
forth in subsection 16-6-1.A EMC. Dimensional requirements for accessory
structures are set forth in subsection 16-6-1.1 EMC.
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-1-A District (See Addltlollal Repladeu Fehwlaa Ille Table)
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-1-C District (See Addltloalll Replatlou Followlq die Table)
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~-1-B District 0
Pae-Unit 14•~ U5 l)etaclled 6,000 151 32 12•
l)welUa1
1r-ua1t , .... 651 per Hit 14116' ~2 1255 121 l>w..nla1
o-ualt IH
,.
115 5 l,\ttaclied ~,IOOperaalt i750perHlt per ~2 20
Dwe1Ua1 Hit
o-un1t
Detaclled 14,000 ~ 35 ct 32 25 3 21 DweWqon •
S...ULot
Effldeacy ud/or
I-BR aalt: 651
M•ltl-Unlt Z-BR aalt: 751 Iii ~· 25 5
l)welll•& 3,000 per aalt J-BR aalt: 951 c:. 32 121
Eacll lldd'I
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111 per •alt
~Otller ~.-~-IH IN l12 125 125 25 ,enllltted UHi
MU-R-3-A District
Dae-Unit ··~ 25 5 Detaclled D, ... 151 32 21
Dwellln&
Two-Unit 6,000 650perHlt ~•IM ~2 125 5 121 Dwellin&
Pae-Unit .. ,.
25 5 l,\ttaclled ~.000 per unit 1751 per unit per ~2 21
~wellln& •alt
Dae-Unit
Detaclled 14,000 651 ~5 1M 32 U3 :zt .>weU1n1 on a
Small Lot
M•lll-Unll 3,000 per aalt ~fflclncy ud/or lri•
,.
~2 25 5 125
'" ... ~ -BR aalt: 651 ...
0
Pwe1Un1 12-BR Hit: 7!11
13-BR Hit: 950
lanlt
~cll add'I
.,_room:
itllperHlt
~
Private Off-17• kl!-12515 ~treet Parkins ltl,800 ,.._ "'a hs
Lota
' IMuun•• FAR: 1.s
lofflce, Umlted 15,00I =~lndlq tlle 1rou 150 N-lll 2515 25 r am el park! .. -iltnchlret1) . ,•
IAII Otller 24,800 None IH 211 lll ?S 125 25 Permitted u1a
MU-R-3-B District (See Addltloaal Replatlou Followln& die Table)
One-Unit 41 15 5 Detaclled li,IOO 11!11 !II 12 21
PweWn1
!Two-Unit
bwe1Un1 16.0N 1651 IHlit ISl b55 121
lone-Unll IH llt I!:
1155 IAttaclled 3,IOO per ualt 1151 per nllit ~ tu 121
PwelUn1
lone-Unit
Detnclled i. .... 16!11 lls • lll llstt 121 Dwe1Un1on a
SmaULol
~-4 ualll: 3,000 per ualt; Eacll l:fflclency ud/or 11-4 ulll: 1-4 nnlll:
addltlonal unit over 4 ualta: it-BR nllit : 6!11 lll 5 Multi-Unit 12-BR ,..It: 7!11 175 Noae l5
PweU1n1 ~.Off per ualt l3-BR nnlt: 951 Moredau Mwetllu 125
Ul IEacll nddltlonal i. nnlts: 61 • nnlll: 15
BR: 111
Mula•• FAR: 1.5
Office, Limited 124,IOI (Ellclndlna tlle ,,_ 75 N-" Its 11513) 25 lleor nnn el parkJas
) • •
AU Oilier 24 ,000
1'1-175 "'-Iii 15 15 !ls Permitted Usn ~
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e refn IO Sttdoa 16-6-U EMC, o/tllu Clu,ptn
tl tle yplkflliu Si.tio,, Al'ff SU.•,,_. ••tl G•IMlb,o
or i.te,uity ••ti tllaetUlo•cl slMlwb.
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U Per•dtted Uses Except
an11fact11red Ho•e Pub
oles to Table :
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I/ The minimum side setback Jtated in this table for one-unit attached and multi-unit dwellings shall apply to the entire
welling structure, and not to each individual dwelling unit localed in the structure.
2/ The minimum side setback standard for principal residential dwellings in the residential (R) zone districts, as stilted in
his Table , .vha/1 apply to such dwellings that existed on the Effective Date of this Tille. However , principal residential
ellings ex/sling on the Effective Date of this Title, and wltich as of thal date are not In compliance with the minimum side
etback standards established In this Table, shall not be considered nonconforming structures due solely to the dwelling·~
oncompliance with the minimum side setback. S..cl, dwellings are •grandfathered,• and shall be considered legal.
onfonning structures for the purposes of sale and development under this Title and other City building and safety
egulations. See Section 16-9-3 (Nonconforming Structures), below.
3/ The minimum separation between principal buildings located on the same or adjoining lots, whether or not the lots are
nder the same ownership, shall be fifteen feet (/5').
4 See Section 16:6: l .C for additiona1 dimensional stapdards appropriate to !he ione district.
C . Additional Dimensional Standards fol' Re,ithrtlial f>i:fll'ie~.
l. R-1-A District. Where a lot has a width of less than seventy-five feet
(75') or an area of less than nine thousand (9,000) square feet, and is in
separate and different ownership from any lot immediately adjoining it as
shown by the last recorded sale at the time of the effective date of this
Title, a one-unit detached dwelling may be constructed on said lot, except
that the width shall in no case be less than sixty feet (60') and the area
not less than seven thousand two hundred (7,200) square feet.
2. R-1-B District. Where a lot has a width of less than sixty feet (60') or an
area of less than seven thousand two hundred (7,200) square feet, and is in
separate and different ownership from any lot immediately adjoining it as
shown by the last recorded sale at the time of the effective date of this
Title, a one-unit detached dwelling may be constructed on said lot, except
that the width shall in no case be less than fifty feet (50') and the area not
less than six thousand (6,000) square feet.
3. R-1-C District. Where a lot has a width of less than fifty feet (SO') or an
area of less than six thousand (6,000) square feet, and is in separate and
different ownership from any lot immediately adjoining as shown by the
last recorded sale at the time of the effective date of this Title, a one-unit
detached dwelling may be constructed on said lot, except that the width
shall in no case be less than thirty-seven feet (3 7') and the area not less
than four thousand six hundred twenty-five (4,625) square feet.
4 . MU-R-3-B District.
a. The minimum lot area s,tandards set forth in Table 16-6-1.1 apply
to parcels of land containing less than forty-three thousand five
hundred si xty (43 ,560) square feet (1 acre). Parcels of land
containing forty-three thousand five hundred sixty (43,560) square
feet ( I acre) or more may be developed at a density of one (I) unit
per one thousand eighty-nine (1,089) square feet.
b. The minimum lot area standards set forth in Table 16-6-1.1 for "all
other permitted uses" shall not apply to an existing structure
converted to accommodate a permitted nonresidential principal use
on a lot having less than twenty-four thousand (24,000) square feet,
provided the permitted conversion complies with district residential
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design standards and required off-street parking and landscaping
requirements.
~ MU-B2 District.
Relief from front setback requirements set forth in Table 16-6-1.1 may
be provided to the situations and !and uses listed in this section
conditioned on establishing a strong development edge along the front
property line.
Addition to and existing building.
~ Commercial lots with more than two hundred fifty l2SQ) feet of
commercial zoning and lot depth.
~ Drive-thru uses.
~ Outside dining.
Section 2. Safety Clauses. The City Council hereby finds, determines, and
declares that this Ordinance is promulgated under the general police power of the City
of Englewood, that it is promulgated for the health, safety, and welfare of the public,
and that this Ordinance is necessary for the preservation of health and safety and for
the protection of public convenience and welfare. The City Council further
determines that the Ordinance bears a rational relation to the proper legislative
object sought to be obtained.
Section 3, Severabj!jty, If any clause, sentence, paragraph, or part of this
Ordinance or the application thereof to any person or circumstances shall for any
reason be adjudged by a court of competent jurisdiction invalid, such judgment shall
not affect, impair or invalidate the remainder of this Ordinance or its application to
other persons or circumstances.
Section 4 . Inconsistent Ordinances. All other Ordinances or portions thereof
inconsistent or conflicting with this Ordinance or any portion hereof arc hereby
repealed to the extent of such inconsistency or conflict.
Section S. Effect of repeal or modification . The repeal or modification of any
provision of the Code of the City of Englewood by this Ordinance shall not release,
extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or
liability, either civil o, criminal, which shall have been incurred under such provision,
and each provisi on shall be treated and held as still remaining in force for the
purposes o f s ustaining any and all proper actions, suits, proceedings, and prosecutions
for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose
of sustaining any judgment, decree, or order which can or may be rendered, entered,
or made in such actions, suits, proceedings, or prosecutions.
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Section 6 . .fiDlllx. The Penalty Provision of Section 1-4-1 EMC shall apply to
each and every violation of this Ordinance.
Introduced, read in full, and passed on first reading on the 161
• day of May, 2005.
Published as a Bill for an Ordinance on the 20th day of May, 2005 .
A Public Hearing was held on the 61
• day of June, 2005 .
Read by title and passed on final reading on the 20th day of June, 2005.
Published by title as Ordinance No. __, Series of 2005, on the 24th day of June,
2005.
Douglas Garrett, Mayor
ATTEST :
Loucrishia A . Ellis, City Clerk
l, Loucrishia A . Ellis, City Clerk of the City of Ena)ewood, Colorado, hereby
certify that the above and foregoing is a· true copy of the Ordinance paued oo final
reading and published by title as Ordinance No. __, Series of 2005.
Loucrisbia A. Ellis
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SERIES OF 2005
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BY AUTHORITY
COUNCIL BILL NO. 20
INTRODUCED BY COUNCIL
MEMBER WOLOSYN
AN ORDINANCE AUTIIORIZING THE REPEAL OF TITLE 16. alAP'J'Ell 6, SECl'IBN 11
AND AMENDING ITTLE 16, CHAPTER 2, OF THE ENGLEWOOD MUNICIPAL CODE
2000, BY THE ADDITTON OF A NEW SECTION 20, ENTITLED HISTORIC
DESIGNATION.
WHEREAS, Historic Preservation regulations were adopted by the passage of Ordinance 75,
Series 1999;
WHEREAS, application for historic designation must be sanctioned by the property owner;
WHEREAS, the proposed amendment resolves ambiguities in the use of the terms
"application" and "nomination" of Historic Preservation as well as minor formatting issues to
provide consistency with other Unified Development Code processes; and
WHEREAS, the Englewood Planning and Zoning Commission held a Public Hearing on the
proposed amendments on April 19, 2005.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section I . The City Councii of the City of Englewood, Colorado hereby repeals Title 16,
Chapter 6, Section 11, Historical Preservation, of the Englewood Municipal Code 2000, in its
entirety.
Section 2 . The City Council of the City of Englewood, Colorado hereby amends Title 16,
Chapter 2, with the addition of a new Section 20, of the Englewood Municipal Code 2000 entitled
Historic Designation .
~: Historic Pesisnatioo.
Puroose This Sectioo dssimates historic areas and lnodmr\1 for the educatjonal
cultural Md economic benefit of Enalew994 citizw Que to various mmwe thaJ max
result in the dsstructiAA iflPliDPSiDt or aJtqatigp ofhistpric rgoyrcg that reflect
ele ments ofEn&lcw994's cultµral and architestµral heitasc it will )>c the R9licx and
resoonsibilitY of this Section to ·
1. Qesisnate buildiuss sbUCtutts, siw and areas that an; CSJDiwko of PMJ FM
events Md pqsoQ(sl imoortaDt in local, sJalF or PfJippal biWYY which JIPYMki
si mificant exwoles of architcstyral stvles of the; RMI w lePfkrtJ\1 in JhF history
of architectutt which m unieuc w wlaceable un to tlas Citv IP4 its
D£i8bborhoo4c which prpyjdc fw this apd future BCPCP&iAN FllfflPISI of thsi
obvsical sugouo4ios1 in which PNt seocmtiops lived or which aa;
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•· t tructw;es, . · · fican • ·1djngs, s ho,oJQOWlilv IIKPI . FDI fix gcl, WII . . laliil-19f "' ... _ ........... . . the aporovoL . turaI styJes an d mamtam · ec1 arch1tec p.,.1gp Olk whicli """1 YNL . . '"" ... ...... . ......... _, god 's hastorv . . tura!Jx s1gn1 EngJew ·
90
ofarchitec
· and weserxatJ l-the vrotectioo E ourage oc djsqjcts. sttuctures or
those Parties . 'tjatgl by be1p1 . gnatjgp may Histgric PeSI
pp]ia!IJoo fix C · ho ~\'91 /niliRli211.An i!.uwlli-2·3 A El,L . lliml llllilli< ....... jdent1fied m hr bed nonce of reg
· thag py IS
ilY IAAillwwm · · ,i.,a, Ne/i<e Tho~ ... "sliAA 10-2·3,G Kl lhcmpb-f ilo , ... ,ow, . d lllll(" -·
jn ----• .., _ Ilk 11111 llilll ,....,. • • illlll . qty shalJ re~aew . and comments . A copy of the reoo City Renew The agency for Jts RYJSW . ssjop and CoµpcJ! . PEimFDlw . ID: Ilic eoow, .
OIX ............. flH1J"°' .._,. JNJ1b :;,,.u,.., ..._. . . IMIJ m;,w,.. ~ ::_ 111!1 llilll •
. The Cororo,ssmn s d with the purposes '\ · tion f
0
1Jowmg su · Rey,ew. · tion ap · app Jg
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the Citv of Enslswood, Arapahoe County the State of Co]prado or
the United States; or
A buildius suvctw:e w a group of structures within a disgjct which
qpbodies distinRHilbios charactetjstics of IP archik&QlRI tvPe
ipheceptly valuahle fw a study of a pqjod, stvle method of
G9PIVVGtion, or of iP4iRFPPm matqials or crafl&Dooabin· or
A building structm:e w a group ofsquctures within a district which
exenmlifis or mflests tbs brpad cultugl oolitical ecPQpmic or social
history of the Citv of EnslD'PP4 Arapahoe Countv the SWF of
Colopdo or the Unile4 Stases; or
W Those buildiou structyres sn: disgjcts within the Citv thaJ are listqi in
the Natippal Register of Histgric Placea shall be cogstrugf M hayipg
met the above critqia,
~ Districts The Commiuion and CoYPSil shall HK the; followins additioqal criteria to
desemine wheJher a district hu archiJFctvral or bistpric siBPificancsr
g.
Simificance is 4etmrnior4 bv applying the criteria of subsm;tioo l of this
Section to the PIDFJDCsl and ugifyipg elEJPSPtlsl
Nomipatiops will pgt be apprpygl yplcu the applicatigp G9Pffio, wriUFP
approval from tru; owpeg of at Ja,t twp-thigk C2/3l of the propptip within
the dismct bonosJnrjg.
&omes that do not cgpgjhytc to dJs simifiRDfrG of tbs histpric 4i1Jrict
may he iocludgl withm the bpundaria so IPPB M the o9PG9PJributins
clements do om ppti£SbJx 4cnFS from the disgjs(s sos of tig We IP4
histgrjcal devFIPPrnml Now;oogjbutipg SIEJPSPII will he sxNnesa! rw tlv;jr;
JDIRDiUHk of i'PDISJ bv fr9P1idqips dJsir aizc w 4eim looetlm apd/qr
jnfonnation P9ICDJial
District boYP4fries will he definM bv xisyal ctwose hiSPrical
documeptatigp of diffmPI M12GiatiOP19C WIUSPI ofdevskmrnsot or
cxi4FPse of sb1Pssa in site MF or silF 4wilY v gtahJillwl thrpygh tgtips
or survey.
" When dimicts are 4RiRJWF4 IPPlicabls PIP SVWFliPA apd gthg
aRPCPPriats a;stristigps mav hci ipcJudgl M PIO of the 4ssi8JMMjgp
{. The disPict could he EIFP!RI frpm Pie MC"'°""" if the gthq NmififfPI
criteria are foYP4 EIEFPJigpallx im99JJML
Section 3. Safety Clauses. The City Council hereby finds, dctcnnincs, and declares that this
Ordinance is promulgated under the general police power of the City of Englewood, that it is
promulgated for the health, safety, and welfare of the public, and that this Ordinance is ncccssuy
for the preservation of health and safety and for the protection of public convenience and welfare.
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The City Council further determines that the Ordinance bears a rational relation to the proper
legislative object sought to be obtained.
Section 4, Severability. If any clause, sentence, paragraph, or pan of this Ordinance or the
application thereof to any person or circumstances shall for any reason be adjudged by a court of
competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder
of this Ordinance or its application to other persons or circumstances.
~-Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or
conflicting with this Ordinance or any portion hereof arc hereby repealed to the extent of such
inconsistency or conflict.
~-Effect of rcpcal or modification. The rcpcal or modification of any provision of the
Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or
change in whole or in pan any penalty, forfeiture, or liability, either civil or criminal, which shall
have been incurred under such provision, and each provision shall be treated and held as still
remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings,
and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the
purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or
made in such actions, suits, proceedings, or prosecutions.
Section 7. Penalty. The Penalty Provision of Section 1-4-1 EMC shall apply to each and
every violation of this Ordinance.
Introduced, read in full, amended and passed on first reading on the 16th day of May, 2005.
Published as an amended Bill for an Ordinance on the 20th day of May, 2005 .
A Public Hearing was held on the 6• day of June, 2005.
Read by title and passed on final reading on the 20th day of June, 2005 .
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Published by title as Ordinance No.__, Series of 2005, on the 24th day of June, 2005.
Douglas Garrett, Mayor
AlTEST:
Loucrishia A. Ellis, City Clerk
1, Loucrishia A. Ellis, City Clerk of the City ofEaglcwood, Colorado, hereby certify that the
above and foregoing is a true copy of the Ordinance passed on final reading and publisbcd by title
as Ordinance No .__, Series of 2005.
Loucrilbia A. Ellis
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COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
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June 20, 2005 11 Ci Collective Bargaining Agreement Between the
City and the EEA for 2006 and 2007
Initiated By: Staff Source:
Human Resources Department Sue Eaton, Director of Human Resources
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
The previous Collective Bargaining Agreement with the Englewood Employees Association was
approved by Council for 2004 and 2005. The contract was reopened for wage negotiations in
2004 for 2005 implementation . Agreement was not reached by the Association and the City, and
subsequently the matter was decided through the impasse arbitration process defined by the
Englewood City Charter.
RECOMMENDED ACTION
Staff requests Council adopt a resolution to approve the Collective Bargaining Agreement between
the Englewood Employees Association and the City of Englewood for the years 2006 and 2007.
The contract covers approximately 199 employees.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The City of Englewood and the Englewood Employees Association entered into negotiations in April
of 2005 in accordance with the City of Englewood Charter. The members of the Englewood
Employees Association duly ratified, by a majority vote, the Collective Bargaining Agreement
Th e sign ificant changes to the contract are as follows :
1. Th e p erce ntage of health and dental i nsurance premiums paid by the City will be changed .
Previ ou sly the Ci ty paid the same perc entage (85%) of premiums for all coverage levels.
Th e City c ontribution beginning in 2006 will vary according to coverage level (90%, 85% or
80%).
2. The m ethod by which the City calculates the maximum points of the pay grades will be
changed.
3. Th e practi c e of adjusting wages when a position is reclassified will be eliminated except for
employee s' w ages that are lower than the minimum point of the higher grade .
4 . All wage in cre ases, other than those mentioned above, will be based upon employee
p erforman ce as indicated by the performance evaluation score.
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5. No base wage increases will be granted employees whose wages meet or exceed the
maximum point of their jobs' grades. They will be granted a one-time, lump sum Merit Pay
award based upon performance as indicated by the performance evaluation score.
6. An additional paid holiday will be granted on New Years Eve Day, increasing the number of
holiday hours from 88 to 96.
7. The duration of the collective bargaining agreement will be from January 1, 2006 through
December 31, 2007
FINANCIAL IMPACT
The impact of the wage increases and Merit Pay awards will be approximately $165,000 for 2006.
The impact of the wage increases and Merit Pay awards for 2007 will be approximately $1 72,000.
Additional costs associated with the wage changes (F.1.C.A, Medicare and 401 (a) match) will be
approximately $18, 500 for 2006, for a total of $183,500. Additional costs associated with 2007
wage changes will be approximately $19,150 for a total of $191,150.
LIST OF ATTACHMENTS
Resolution
EEA Collective Bargaining Agreement for 2006 and 2007.
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RBSOLtmON NO .
SERIES OF 2005
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A RESOLUTION AUTHORIZING THE COLLECTIVE BARGAINING AGREEMENT
BETWEEN THE ENGLEWOOD EMPLOYEES ASSOCIATION AND THE CITY OF
ENGLEWOOD FOR THE PERIOD OF JANUARY l, 2006 THROUGH DECEMBER 31, 2007.
WHEREAS, the City Council of the City of Englewood authoriud "The Collective
Bargaining Agreement" with the Englewood Employees Association for Janua."Y I, 2004 through
December 31, 2005, by the passage of Resolution 68 Series 2003; and
WHEREAS, the City Council of the City of Englewood authoriud the salary provisions of the
Collective Bargaining Agreement between EEA and the City for 2005 by the passage of
Resolution No. 94, Series of2004; and
WHEREAS, the City of Englewood and the Englewood Employees Association entered into
negotiations in April, 2005 in accordance with the Englewood City Home Rule Charter and the
contract provisions; and
WHEREAS, the passage of this Resolution will authorize the provisions of the "Collective
Bargaining Agreement" between the Englewood Employees Association and the City of
Englewood for the period 2006 and 2007; and
WHEREAS, significant changes to the Contract include the following:
l. The percentage of health and dental insurance premiums paid by the City will be changed.
Previously the City paid the same percentage (85'Yo) of premiums for all coverage levels. The
City contribution beginning in 2006 will vary according to coverage level (909/o, 85% or
80"/o).
2 . The method by which the City calculates the maximum points of the pay grades will be
changed.
3. The practice of adjusting wages when a position is reclassified will be eliminated except for
employees' wages that arc lower than the minimum point of the higher grade.
4 . All wage increases, other than those mentioned above, will be based upon employee
performance as indicated by the performance evaluation score.
5. No base wage increases will be granted employees wbose wages meet or exceed the
maximum point of their jobs' grades. They will be granted a one-time, lump sum Merit Pay
award based upon perfonnance as indicated by the performance evaluation score .
6 . An additional paid holiday will be granted on New Years Eve Day, increasing the number of
holiday hours from 88 to 96.
7 . The duration of the collective bargaining agreement will be from January 1, 2006 through
December 31, 2007.
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WHEREAS, the elected representatives of the Englewood Employees Association duly
ratified the Collective Bargaining Agreement for 2006 llld 2007;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
~-The City Council of the City of Englewood, Colorado hereby approves the
Collective Bargaining Agreement between the Englewood Employees Auoc:iatioo and the City of
Englewood for the period of January I, 2006 through December 31, 2007, a copy of which is
attached hereto as Exhibit A.
~. The Mayor 111d the City Clerk are hereby authorized to sign and attest the
Collective Bargaining Agreement between the Englewood Employees Auoc:iation and the City of
Englewood, Colorado, for the period of January 1, 2006 tbrougb December 31, 2007
ADOPTED AND APPROVED this 20th day of June, 200S.
A1TEST: Douglas Garrett, Mayor
Loucrisbia A. Ellis, City Clert
I, Loucrisbia A. Ellis, City C1ert for the City of Englewood, Colondo, bcnby certify
the above is a true copy of Resolution No.___, Series of 2005.
Loucriahia A. Ellis, City Clerk
COLLECTIVE BARGAINING AGREEMENT
BETWEEN 1llE
CITY OF ENGLEWOOD
AND THE
ENGLEWOOD EMPLOYEES ASSOCIATION
JANUARY 1, 2006-DECEMBER 31, 2007
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ARTICLE I INTRODUCTION
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ARTICLE2 DURATION OF CONTRACT 3
ARTICLE3 RECOGNITION 4 ..
ARTICLE4 EMPLOYEE RIGHTS 5
ARTICLE 5 HOURS OF WORK 6 .
ARTICLE6 OVERTIME WORK 7
ARTICLE 7 ACTING PAY 8
ARTICLE 8 COMPENSATION 9
ARTICLE9 LONGEVITY COMPENSATION 10
ARTICLE 10 ANNUAL LEA VE 11
ARTICLE 11 PERSONAL LEAVE 12
ARTICLE 12 SHORT TERM DISABILITY (STD) 13
ARTICLE 13 WORKERS' COMPENSATION 15
ARTICLE 14 MILITARY LEAVE 16
ARTICLE 15 FUNERAL LEA VE 17
ARTICLE 16 JURY DUTY AND WITNESS SERVICE 18
ARTICLE 17 HOLIDAYS 19
ARTICLE 18 UNIFORM CLEANING ALLOWANCE 20 • • ARTICLE 19 TUITION REIMBURSEMENT/DEGREE ACHIEVEMENT 21
RECOGNITION
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ARTICLE20 LIFE INSURANCE
22
ARTICLE21 INSURANCE
23
ARTICLE22 RETIREE HEAL TH INSURANCE
24
ARTICLE23 PENSION/RETIREMENT PLANS
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26
ARTICLE25 LEA VE OF ABSENCE (WITHOUT PAY)
27
ARTICLE26 GRIEVANCE PROCEDURE
28
ARTICLE27 WRfITENCORRECTIVEACTION 30
ARTICLE28 DUES DEDUCTION
31
ARTICLE29 ASSOCIATION ACTIVITIES
32
ARTICLE30 STANDBY PAY
33
ARTICLE31 CALLBACK
34
ARTICLE32 LABOR MANAGEMENT COMMIITEE 3S
ARTICLE33 EXCLUSIVENESS OF CONTRACT
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CONTRACT
BETWEEN THE CITY OF ENGLEWOOD
ANDTHE
ENGLEWOOD EMPLOYEES ASSOCIATION
ARTICLE 1. INTRODUCTION
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This contract entered into by the City of Englewood. Colorado, and the Englewood
Employees Association has as its purpose the promotion ofhannonious relations between the City of
Englewood and its Employees, a fair and peaceful procedure for the resolution of differences; the
establishment of rates of pay and hours of work, and other conditions of employment as set out in the
City Charter.
Except wb re limited by express provisions elsewhere in this contract, nothing in this
contract shall be construed to restrict, limit or impair the rights, powers and authority of the City as
granted to it under the laws of the State of Colorado and the City's Charter and Municipal Code. The
rights, powers, and authority include, but are not limited to, the following:
A. To determine the overall mission of the City as a unit of government
B. To maintain and improve the efficiency and effectiveness of City operations.
C. To determine the services to be rendered, the operations to be performed, the
technology to be utilized, or the matters to be budgeted.
D. To determine the overall methods. processes. means,job classi.fications or personnel
by which City operations are to be conducted.
E. To direct, supervise, hire, promote, transfer, assign, schedule, retain or lay-off
employees.
F. To suspend, discipline, discharge, or demote for just cause, all full-time permanent .
classified employees.
G . To relieve employees from duties because of lack of work or funds, or under
conditions where the City determines continued work would be inefficient or nonproductive.
H . To take whatever other actions may be necessary to carry out the wishes of the public
not otherwise specified herein or limited by a collective bargaining contract.
I. To take any and all actions to carry out the mission of the City in cues of emeracncy.
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J. Nothing contained herein shall preclude the City from conferring with its employees
for purposes of developing policies to effectuate or implement any of the above enumerated rights.
The City retains the right to change any past practice which is not in violation of this contract.
In the event a past practice is sought to be changed by the City Manager or department directors, the
Englewood Employees Association will be provided reasonable written notice of the intended
change . The Englewood Employees Association retains the right to grieve any change in practice
which is in violation of this contract.
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ARTICLE 2. DURATION OF CONTRACT
A. This contract will take effect on January 1, 2006, and shall continue in force to and
including December 31, 2007 .
B. This contract or any part ofit may be terminated or renegotiated at any time by mutual
consent of both parties.
C. If any article or section of this contract should be held invalid by operation oflaw or
any Court of competent jurisdiction, or if compliance with or enforcement of any article or section
should be restrained by such Court, the remainder of this contract shall not be affected thereby and
this contract shall remain in full force and effect, and the parties shall promptly meet and negotiate
for the purpose of attempting to amve at a mutually satisfactory replacement for such article or
section.
D. The parties agree and understand that provisions relating to employees covered by this
contract shall in no way displace or modify present or future statutory case law of the State of
Colorado.
E. The parties acknowledge that during negotiations which resulted in this contract, each
had the unlimited right and opportunity to make demands and proposals with respect to any subject
or matter appropriate for contract negotiations and that the understandings and agreements arrived at
by the parties after this exercise of that right and opportunity are set forth in the contract..
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ARTICLE 3. RECOGNITION
The City recogniz.es the Englewood Employees Association as the sole organiz.ation certified
pursuant to the provisions of the Charter of the City ofEnglewood as the exclusive representative for
the public employees within the following bargaining unit:
Included: All full-time , classified employees of the City.
Excluded: All supervisory, managerial, confidential, part-time, temporary, and
contractual employees, and all employees hired through the use of Federal, State or other outside
funding sources for special projects or programs, and all others who may be detennined prior to or
during the life of this contract as provided under the City Charter.
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ARTICLE 4. EMPLOYEE RIGHTS
A full-time classified employee who is not excluded per Article 3. (Recognition) of this
contract shall have the right:
A. To form, join, support or participate in, or to refrain from fonning, joining,
supporting, or participating in the employee organiz.ation or its lawful activities; and
B. Bargain collectively through their certified employee representative.
C. No employee shall be interfered with, restrained, coerced or discriminated against
because of the exercise of these rights nor shall the right of an individual employee to discuss
employment concerns with the City be infringed upon.
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ARTICLE 5. HOURS OF WORK
All departments, functions or activities shall observe office and working hours necessary for
the efficient transaction of their respective services.
A. All employees covered by this contract shall work at least forty ( 40) hours per week.
The work week shall consist of five ( 5) eight-hour shifts, or other work schedules as determined by
the department director per the "Modified Workweek Schedules" policy. All employees shall be
scheduled to work a regular work schedule and each shift shall have a regular starting and quitting
time. Should the work schedule be changed, affected employees will be notified 24 hours in advance
except in the case of an emergency as determined by the department director.
B. Employees shall be entitled to two (2) paid rest periods not to exceed fifteen (15)
minutes or one (I) thirty (30) minute rest period for each shift worked. Rest periods shall be under
the control of the supervisor or department director.
C. When possible, employees who work beyond their regular quitting time into an
overtime situation will be eligible for a fifteen ( 15) minute rest period before they begin the overtime
work. When possible, additional rest periods will be granted under the control of the supervisor or
department director similar to rest periods granted under subparagraph B. above.
D. When necessary, employees shall be granted a fifteen (15) minute personal clean-up
period prior to the end of each shift. The clean-up period shall be under the control of the supervisor
or department director.
E. All employees will be granted an unpaid lunch period during each shift. As a normal
occurrence, this lunch break will commence between the beginning of the thild hom and the
beginning of the sixth hom of the shift. An employee and supervisor may agree to waive this time
limit due to work related or personal issues.
See City ofEnglewood Administrative Policy# 2, "Hours ofWork/Overtime", and Policy #3,
"Meal Breaks", for further clarification.
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ARTICLE 6. OVERTIME WORK
A. For all employees covered by this contract, except as specified below, duties
performed over and above the assigned work schedule shall be considered overtime. Overtime shall
not be computed nor compensation allotted on previously accrued compensatory time.
B. FLSA non-exempt (hourly) employees shall be compensated for overtime work at the
rate of one and one-half ( 1-1 /2) times the normal pay rate or compensatory time off, computed at the
rate of one md one-half ( 1-1 /2) times.
The City retains the right to assign overtime work to any employee qualified to perform the
work.
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ARTICLE 7. ACTING PAY
All persons appointed to an acting position, at the sole discretion of the Director, will be
compensated at the minimum rate of the acting position pay range or 5% above the employee's
current rate of pay, whichever is greater. The employee must be in an acting capacity for thirty (30)
consecutive calendar days before said employee becomes eligible for acting pay. Such pay will be
retroactive to the first day the employee assumes the responsibility of the position.
See City ofEnglewood Administrative Policy Manual, Policy# 1, "Acting Pay" for discussion
of acting pay for positions not covered by this contract.
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ARTICLE 8. COMPENSATION
The City 's pay philosophy is to position the maximums ofEEA pay grades at the median of the
maximums of the market.
A. RECLASSIFICATION OF POSITIONS
If a job is reclassified to a grade higher than it occupied prior to the Salary Survey (as defined in
the Compensation and Classification Plan document) the incumbent's pay will remain the same
until his/her next Performance Evaluation. If however, the employee's pay at the time of
reclassification is below the minimum of the new grade range, it will be brought to the minimum
of the new grade range prior and in addition to any increase based upon the Performance
Evaluation score as described below.
B. WAGE INCREASES
Employees whose wages are below the maximum point of their grade range are eligible for a
base pay building developmental increase, from 3% to a maximum of5o/o, after six (6) months of
employment and on their annual evaluation date thereafter. An employee's increa se percent is
based on the score received on his/her Performance Evaluation, not to exceed the maximum of
the grade range .
Employees who have progressed through the developmental zone and reached the maximum of
their grade range will no longer be eligible for base pay building increases. They will, however,
be eligible for a one-time, lump-sum, Merit Pay award. The Merit Pay award is based on the
score received on the employee's Performance Evaluation.
Employees in the developmental zone whose evaluation scores would raise their pay above the
maximum of the range, will be given base pay increases to the maximum of the grade range only.
Any additional award will be non base building and awarded in the form of Merit Pay.
Note : Regardless of the Total Score on the Performance Evaluation, no pay increase or Merit
Pay award will be· granted if an employee is on a Performance Improvement Plan in any area.
Once the conditions of the PIP have been met, the employee will receive the appropriate
increase , retroactive to the PIP completion date .
C. A change in th e ev aluation date will re sult when :
(I ) The employee is on leave without pay. (See Article 27 .) Leave of Absence
(Without Pay)
(2 ) The employee terminates his employment and later is reemployed. The new
ev aluation date shall be determined by his new employment date.
Fun dame ntal changes to the above will be made only with prior consultation and review with
associatio n re prese ntatives .
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ARTICLE 9. LONGEVITY COMPENSATION
Effective January l, 1984, and thereafter, all new hires shall not be eligible for longevity
compensation as provided for under this Article. In addition to an employee's monthly salary, the
employee shall be eligible for longevity compensation based upon the number of years of continuous
service with the City and shall be derived from the following schedule:
Years of
Service
15-19
20ormore
Amount of Compensation
$36 per month for $432 per year, except for those employees who have not
completed 16 full years of continuous service on December 1 of any year,
which employee shall receive $288 plus an amount equal to S 12 for each full
month of completed continuous service after completion of 15 years of
service up to December 1.
$48 per month for $576 per year, except for those employees who have not
completed 21 full years of continuous service on December 1 of any year,
which employee shall receive $432 plus an amount equal to S 12 for each full
month of completed continuous service after completion of 20 years of
continuous service up to December 1.
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ARTICLE 10. ANNUAL LEA VE
Employees hired after January I, 1984, and covered by this contract shall earn annual leave
each pay period as follows:
Length of Hours per Hours per Earning
Service Par Period Year Limits
I. 0-4 Years 3.08 80 160 Hrs .
(thru 48 mos.)
2. 5-9 Years 4.62 120 240Hrs.
(49 thru 108 mos.)
3. lo+ Years 6.15 160 320Hrs.
(109+ mos .)
Accwnulation of annual leave shall neither be authorized nor computed for any purpose after the
maximum earning limit has been reached .
The schedule for use of annual leave shall be determined by the needs of the department.
Annual leave shall be taken at the time convenient to and approved by the department director or
supervisor. However, the City will make reasonable efforts to accommodate the request of an
employee to use annual leave where a genuine emergency situation exists.
Annual Leave Pay
The rate of annual leave pay shall be the employee's regular straight time hourly rate of pay
for the employee's regular job. Annual leave shall be allowed only to the total hourly amount
accumulated up to and during the pay period in which the leave is taken.
Work During Annual Leave
If, after the employee has begun his/her annual leave and the City requires the employee to
work during the scheduled annual leave period, the employee will not be charged with vacation time
for the number of hours worked .
How Charged
Annual leav e for employees excludes regular days off.
Annual Leave Pay Upon Separation
When an employee terminates employment with the City, they will be compensated for
unused annual leave earned as of the date of separation. Annual leave is not to be used to extend an
emplo yee 's date of separation .
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ARTICLE 11. PERSONAL LEA VE
All employees covered by this contract shall be granted 48 hours of personal leave time with
pay which an employee is entitled to use for the following purposes:
A. Employee's own illness(mjury
B. Illness/injury of employee's family
C. To attend to personal business
For any employee who has not used the 48 hours of personal leave time ending October 31 of
each year or any portion thereof, the City will compensate said employee for the unused time at the
employee's regular wage rate to be paid during the month ofNovember of that year. Personal leave
time shall not exceed 48 hours nor shall it be accumulated or carried over &om one year to the next.
Personal leave shall be scheduled and administered under the dim:tion of the department director or
supervisor. In the event ofilJness(mjury in which personal leave is requested, shift work employees
shall notify their supervisor at least one (1) hour prior to their scheduled reporting time. Personal
leave shall be prorated for employees beginning and tenninating employment with the City during
the November I-October 31 time period.
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ARTICLE 12. SHORT TERM DISABILITY (STD)
(Formerly Temporary Disability-Non Job-Related)
Short term disability (STD) granted for non-service connected injury or illness of an
employee with at least ninety (90) days of service with the City, whose disability prevents the
employee from performing his/her duties. STD is paid at lOOo/o of the employee's regular hourly
rate.
The City agrees to provide employees covered by this contract STD leave with pay for
employees absent as a result of illness/injury as follows:
91 days-4 years
(thru 48 mos.)
5-9 years
(49 thru 108 mos.)
lO+years
(109+ mos.)
34 7 working hours
520 working hours
693 working hours
STD leave shall not be accumulative. January 1 of each year the City shall restore 10()0/o of
the number of hours used by an employee during the preceding year as follows:
91 days-4 years
5-9 years
lO+years
Utilization
up to a maximum of 173 working hours
up to a maximum of 260 working hours
up to a maximum of347 working hours
A. Authorization for STD leave with pay shall only be granted after the first normal daily
shift of disability . The elimination shift to access STD shall be taken and paid in the following
order: personal leave , annual leave, compensatory time. If all accrued leaves have been exhausted,
the elimination shift shall be taken as leave without pay.
B. Authorization for STD shall only be granted for personal illness or injury, not service
connected, including maternity related disability.
See City of Englewood Administrative Policy #31, "Family and Medical Leave Act
(FMLA)".
Sick Leave Option
All sick leave accrued by permanent employees prior to January 1, 1980 shall vest with the
employee , and may be used in the following manner:
A. After exhausting STD hours .
B. By cashing in all accrued sick leave accumulated under the previous plan upon normal
retirement from the City at the rate of one hour's pay for each two hours of accrued sick leave or one
hour's pay for each four hours upon separation from the City.
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C. By cashing in accrued sick leave, once each year at the conversion rate of fom ( 4)
hours sick leave for one (I) hour pay, notto exceed a conversion of more than 400 hours each year.
RCJ)Orting of STD
The employee or a member of the employee's household shall notify the employee's
supervisor at least one hour prior to the employee's scheduled reporting time. No STD leave will be
granted to an employee who fails to notify their supervisor prior to the beginning of the employee's
work shift.
Verification of Disability
If absence from work is three (3) days or more, a medical release must be provided to the
employee's supervisor, who will forward it to Human Resources for possible Family and Medical
Leave qualification.
AbuseofSTD
Abuse of STD occurs when an employee misrcpraents the actual reason forrequesling STD
or when an employee uses STD leave for unauthori7.ed purposes. An employee who makes a false
claim for STD leave shall be subject to disciplinary action up to and includin& termination.
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ARTICLE 13. WORKERS' COMPENSATION
A. For any on-the-job injury which causes an employee to be absent from work as a
result of such injury, the City shall pay to such employee his full wages from the first day of his
absence from work up to and including the 90th calendar day of such absence, less whatever sums
received by the employee as disability benefits under workers' compensation. The City requires any
employee on workers' compensation to submit to an examination(s) by City-appointed physician(s)
at the City's expense or under the provision of workers' compensation. The employee will not be
charged personal leave, annual leave, short-tenn disability or sick leave (if applicable) for disability
under this Article .
B. All workers' compensation injuries shall be reported to the employee's supervisor
within 24 hours of the injury or before the employee leaves their department of employment.
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ARTICLE 14. MILITARY LEAVE
The authority for this policy is derived from the provisions of the Unifonned Services
Employment and Reemployment Rights Act of 1994 (USERRA) and Section 28-3-601 C.R.S.
through Section 28-3-607 C.R.S.
'Inc City is obligated to grant military leave without loss of pay for absences not exceeding
fifteen ( I 5) days in any calendar year. Fifteen (IS) days equates to fifteen 8-hour days, or 120 hrs.
The City cannot require an employee to use annual leave for such purposes. The employee may,
however, request use of vacation, compensatory time, or leave without pay to supplement absences
exceeding those covered by the fifteen ( 1 S) day military leave allowance.
Military leave of absence will result in no loss of any condition of employment that would
have normally occurred if the employee bad not been absent for such purposes.
Employees arc responsible for providing lhcir department directors copies of all military
orders lhat will result in a leave of absence for active military duty. Employees arc also required to
notify lheir supervisors at the earliest possible date upon learning of scheduled military duty.
Employees who fail to return to work according to the provisions of USERRA and Section
28-3-601 C.R.S. through Section 21$-3-607 C.R.S. arc subject to disciplinary action up to and
including term ination.
Employees must remit to the City any pay received by the military for the period of time the
employee is on paid military leave. This remittance shall occur immediately upon receipt oftbe
military pay (in instances that the military pay is greater than the employee's City pay, the employee
may elect to forego City paid military leave).
The City will make a reasonable effort to adjust work schedules and assignments to
accommodate employees fulfilling military obligations.
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ARTICLE 15. FUNERAL LEAVE
Full-time employees are eligible for up to forty (40) hours of funeral leave. Annual or
personal leave may be requested if additional time off is necessary. Funeral leave applies to
members of the employee's family. For purposes of this policy, "Employee's Family" will mean
the employee's spouse, or the children, grandchildren, parents, grandparents, brothers, and sisters
of the employee or of the employee's spouse .
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ARTICLE 16. JURY DUTY AND WITNESS SERVICE
Leave will be granted to an employee called for jury duty or to appear as a witness in
his/her official capacity in obedience to a subpoena or direction by legal authority. The employee
will receive their regular salary for jury duty served. Any jury pay will be reimbursed to the City.
The employee may retain any reimbursements for mileage and parking. Employees on jury duty
or called as a witness in their official, City capacity will be expected to work as much of their
regularly scheduled workday as their jury duty schedule or appearance in court permits .
When an employee is subpoenaed as a witness in private litigation to testify, not in his
official capacity but as an individual, accumulated leaves will be used to cover the time absent
All accumulated leaves must be exhausted before the time absent can be taken as leave without
pay .
Employees will not be paid overtime or earn compensatory time for time served u a juror
or a witness. Overtime is computed on hours actually worked over forty (40) hours at the
assigned job.
An employee must return to work after being excused from jury duty if there arc more
than two (2) hours left in their regularly, scheduled workday.
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ARTICLE 17. HOLIDAYS
A. The following days shall be considered official holidays by the City and all employees
covered by this contract shall be entitled to ninety-six (96) hours of holiday pay:
I. New Year's Day: January I.
2. Martin Luther King Day: the third Monday in January.
3. President's Day: the third Monday in February.
4. Memorial Day: the last Monday in May.
5 Independence Day: July 4.
6 Labor Day: the first Monday in September.
7 Veteran's Day: November 11.
8. Thanksgiving Day: the fourth Thursday in November.
9 Fourth Friday ofNovember following Thanksgiving Day.
10 Christmas Eve: December 24.
11. Christmas Day: December 25.
12. New Year's Eve Day: December 31.
B. Any employee covered by this contract who does not perform duty scheduled on the
working days or have approved paid leave immediately prior to and following a holiday shall not
receive pay for the holiday.
C. Employees required to work on an official City holiday are eligible for ONE of the
following options:
a. Approved overtime pay (time and one-half) for number of hours actually
worked on the holiday IN ADDITION TO up to 8 hours of holiday leave to bank and
take at a later date; OR
b. Approved straight time pay for number of hours actually worked on the
holiday up to 8 hours (hours worked over 8 will be paid at the overtime rate of time
and one-half) IN ADDITION TO up to 8 hours of Comp Time (accrued at time and
one-half) to be taken at a later date; OR
c. Approved holiday pay at two and one-half times the employee's regular
hourly rate for holiday hours actually worked up to 8 hours. Hours worked over 8
hours will be paid at the ovenime rate (time and one-half.)
D . When one of the foregoing holidays falls on a Stmday, the following Monday shall be
observed as the legal holiday. When any of the foregoing holidays fall on a Saturday, each employee
shall be entitled to a day off for such holiday, which day off shall be scheduled as the City Manager
determines, but no specific day shall be observed as a holiday for purpose of closing City offices and
functions .
See City of Englewood Administrative Policy #33, "Official Holidays", for funbcr
clarification.
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ARTICLE 18. UNIFORM CLEANING ALLOWANCE
If an employee is required to wear a uniform, the employee shall wear the uniform only as
authorized by the department work rules. The City will provide uniforms, cleaning and
replacements. The City will provide 500/o of the cost of required work shoes up to a maximum of
$90 per year except with department director approval. All employees shall maintain a presentable
appearance while on duty. The employee is responsible for any damage to the uniform by negligence
or deliberate act.
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ARTICLE 19. TUITION REIMBURSEMENT/ DEGREE ACIIlEVEMENT RECOONITION
See City of Englewood Administrative Policy #29, "Tuition Reimbursemcnt/Dcgrcc
Achievement Recognition".
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ARTICLE 20. LIFE INSURANCE
Term life insurance will be provided by the City for employees covered by this contract in the
amount of one time his/her annual salary. The minimum benefit is $30,000 and the maximum
benefit is $50,000. Upon retirement, the employee may convert the life insurance per the life
insurance plan conversion agreement in place at the time of his/her retirement
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ARTICLE 21. INSURANCE
A. MEDICAL
The City will pay ninety percent (908/o) of the premium cost for "employee only"
coverage, eighty-five percent (85%) of the premium cost for "employee plus one" coverage
and eighty percent (80%) of the premium cost for "family" coverage for medical insurance.
Employees will pay either ten percent (I 00/o ), fifteen percent (15% ), or twenty percent (200/o)
of the premium cost for medical insurance, depending on the level of coverage.
B. DENTAL
The City will pay ninety pcn::ent (908/o) of the premium cost for "employee only"
coverage, eighty-five percent (85%) of the premium cost for "employee plus one" coverage
and eighty percent (80%) of the premium cost for "family" coverage for dental insurance.
Employees will pay either ten percent (100/o), fifteen percent (15%), or twenty percent (200/o)
of the premium cost for dental insurance, depending on the level of coverage.
C. Any dispute concerning the interpretation or application of benefits provided
under the health or dental plans shall be subject to the plan appeal process. It is expressly
understood that this article is a non-grievable item under this contract.
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ARTICLE 22. RETIREE HEAL TH INSURANCE ASSISTANCE
Retirees will be guaranteed conversion privileges to the Health Insurance Conversion Plan
available through the City. For those who retired prior to December 31, 1996, the City will pay $SO
per month. For retirees after January 1, 1997, the City will pay $75 per month.
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ARTICLE 13. PENSION/RETIREMENT PLANS
The pension plan description for employees covered by this contract is set forth in Title III,
Chapter 4 of the Englewood Municipal Code. Additionally, the plan description for the Non-
Emergency Employees Money Purchase Plan is available for inspection in the Department of
Finance and Administrative Services.
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ARTICLE 24. LAYOFF
A. Whenever there is lack of work, lack of funds. or under conditions where it is
determined that continued work would be inefficient or nonproductive, requiring reductions in the
num be r of employees, the appointing authority shall designate the department and positions in which
the layoff is to be made . In identifying individual employees to be laid off, the appointing authority
shall consider the relative ability of all employees within the position classification, taking into
account the employee 's documented performance history and then seniority with the City.
B. Employees laid off shall be put on a recall list for one year following their layoff.
Employees recalled from layoff into the same job classification shall be recalled in inverse order of
layoff. If they are recalled into a different position, those recalled must have the demonstrated ability
and qualifications to perform the available work as determined by the City. No new employees shall
be hired into positions covered by this contract until all employees on layoff status desiring to return
to work have been recalled.
C. Employees identified for layoff shall have the right to displace an employee in any
position classification which the employee formerly held in the department, taking into account both
the employees' documented performance history, demonstrated ability and then seniority with the
City. The employee ultimately displaced shall then be the person laid off unless that employee in
tum has effective displacing rights under the provisions of this article.
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ARTICLE 25. LEAVE OF ABSENCE (WITHOUT PAY)
After twelve months of continuous service and upon approval of the department director,
in concurrence with the Human Resources Director, employees may be granted an unpaid leave
of absence of up to one year for compelling personal reasons not related to Family and Medical
Leave reasons.
All accrued, paid leave must be exhausted before the beginning of the unpaid leave of
absence. Employees on such leave do not accrue personal leave, annual leave or longevity pay.
Employees on unpaid leave of absence are not eligible for holiday, jwy, military, funeral or
administrative leave. When an employee is on an unpaid leave of absence, he/she will remain in
the City health and dental insurance plans, provided the premium is paid by the employee.
The employee may retain the benefit accrual rate they were eligible for at the beginning of
the unpaid leave, provided the employee returns to work with the City on the agreed upon date.
Upon return, the employee's hire date will be adjusted if the leave has exceeded thirty (30)
calendar days.
An employee who engages in other employment, including self-employment, while on
official leave of absence, will be terminated effective as of the last day worked, unless prior
written approval has been obtained from the Hwnan Resources Department.
Employees on an approved leave of absence, who fail to report fw work by the first day
after the expiration date of the leave of absence or a properly approved extension, will be
terminated from their employment with the City as of the last day actually worked.
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ARTICLE 26. GRIEVANCE PROCEDURE
A grievance is defined as a claim or dispute by an employee covered by the terms of this
contract concerning an alleged violation of a specific provision of this contract. The employee shall
be required to follow the procedure as set out below:
A general grievance is defined as a grievance that concerns a group of employees or the
bargaining unit in general. A general grievance can only be filed by the Association within the time
frame specified in Step 1, and the initial review will occur by the department director at Step 2
below.
A. "Work Day" means calendar days exclusive of Saturdays, Sundays, and City
recognized holidays.
Step I.
lf the employee is unable to settle the grievance or dispute orally and informally through
his/her immediate supervisor within five (5) working days of the date of the occurrence of the
grievance, or the employee's knowledge ofit, the employee may, within the succeeding five (5) work
days, file a written grievance with his/her supervisor. The supervisor shall attempt to adjust the
matter and shall respond in writing to the employee within five (5) work days.
Step 2.
If the answer is not satisfactory, the matter shall be presented in writing by the employee to
the department director within five (5) work days following receipt of the supervisor's response. The
department director shall respond in writing to the employee within five (5) work days.
Step 3.
If the grievance still remains unadjusted, it shall be presented by the employee to the City
Manager in writing within five (5) work days following receipt of the response of the department
director. The City Manager or his/her designated hearing officer shall have a meeting with the
grievant to review the grievance and all relevant information. Within ten (10) work days of that
meeting, the City Manager or his/her designated hearing officer will issue a written decision.
Step 4.
I . If the grievance is still unresolved, the Association within fourteen ( 14) calendar days
after the repl y of the City Manager or his/her designated hearing officer, may by written notice
request the matter be submitted to arbitration . The parties will attempt to choose a mutually
agreeable arbitrator. If within five (5) days of the request for arbitration the Association and the City
cannot mutually agree on an impartial arbitrator, a request will be filed with the American
Arbitration Association for a panel of seven (7) arbitrators to be sent to the parties . The arbitrator
shall be se lected by a method of alternative striking of names fiom the panel, with the first strike
detennined by a coin flip . The final name left on the panel shall be the arbitrator. The arbitrator
shall be re qu ested to iss ue a decision within thirty (30) days after conclusion of testimony and
arg um ent.
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2. Each party shall be responsible for compensation to its own representatives and witnesses.
The fees of the arbitrator shall be borne equally by the Association and the City.
3. Authority of Arbitrator
The arbitrator shall have no power to add to or subtract from or change the terms of this
contract. The written decision of the arbitrator shall be final and binding upon the parties. The
arbitrator shall limit his decision strictly to the grievance submitted which has been properly
processed through the grievance procedure outlined.
4. Failure by an employee or the Association to comply with any time limitation shall
constitute a settlement of the grievance. Should the employer not respond within the prescribed
time, the grievance will automatically proceed to the next step. At the employee's option, the
employer may be allowed additional time to respond.
Grievance Option
It is agreed that should the appeal procedure as provided under 138:3 of the City Charter or
applicable City ordinance is utilized, recourse to the grievance procedure included in this Article
shall be waived.
Processing Grievance During Working Hours
Grievances may be investigated and processed by the employee or designated employee
representative during working hours, within reasonable time limits, without loss of pay, provided
notice is given and the workload permits.
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ARTICLE 27. WRITIEN CORRECTIVE ACTION
W, c!never more serious grounds for corrective action exist (i.e., more serious than those deemed
by the supervisor to warrant oral corrective action) the supervisor should issue a written corrective
action . The written corrective action will be addressed to the employee and will include the
following information:
• The violation
• The specific behavior
• The dates of the behavior
• The warning that continuance of the specific behavior will result in disciplinary action. and
• An offer of assistance in correcting the behavior.
Both the employee and supervisor must sign the document (if necessary, the supervisor will note
that the employee refuses to sign the document). A copy oftbc written corrective action will be
forwarded to Human Resources to be included in the employee's official personnel file. The
employee will have the opportunity to submit written comments in response to the written corrective
action to be included in their file .
This Article shall not be grievable under this contract, nor shall it apply to probationary
employees.
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ARTICLE 28. DUES DEDUCTION
A. The City agrees to deduct the Englewood Employees Association dues each pay
period from the pay of those employees who individually request in writing that such deductions be
made, subject to the garnishment laws of the State of Colorado. The amounts to be deducted shall be
certified to Human Resources by the Treasurer of the Association. and the asgregate deductions of
all employees shall be remitted together with an itemized statement to the Treasurer by the 15th of
the succeeding month, after such deductions are made. The authomation shall be revocable during
the term of the contract, upon written notice by the employee to Human Resources.
8. If no wages are paid an authorized employee on the last pay period of a given pay
period, deduction for that pay period will be made from any wages which may be paid to him/her on
the next succeeding final monthly City pay period. It is expressly understood that the City assumes
no liability and shall not be liable for the collection or payment to the Englewood Employees
Association of any dues during any time that an employee is not actually working for the City and
actually on the payroll of the City. In the event of error on the check-off list, the City will not be
responsible to make adjustments, until notified by the Treasurer of the Englewood Employees
Association .
C. The Englewood Employees Association shall indemnify and hold the City harmless
against any and all claims, suits, orders, or judgments brought or issued against the City as a result of
any action taken or not taken by the City under the provision of this Article.
D. Changes in the dues amount to be deducted shall be limited to two (2) cbanaes each
year, providing a thirty (30) day wriuen notice is provided to Human Raources.
E. Should the change in the deduction method require a computa i,Wiiamoing cbmae.
the Englewood Employees Association shall be rcspo11111,lc for the COit of such c:banae or cbln&a, It
$30 per hour with a four (4) hour maximum. Payment from the EnaJewood Employus Asaoc:iabon
shall be made to the City Finance and Administrative Services Director within ten (10) days of
receipt of billing.
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ARTICLE 29. ASSOCIATION ACTIVITIES
The City agrees that during working hours on the City premises and without loss of pay,
Englewood Employees Association members may be allowed to:
• attend two (2) EEA meetings annually. The City, however, mains the right to maintain
appropriate staffing levels as determined by the department director and will not be
required to pay overtime or compensatory time ncccssitated by attendance at the meeting.
Members may be called back from such meetings to address emergencies. Other
membership meetings may be called to address issues of general interest. If these
additional meetings are held during employees' work shifts, the City mains the right to
either approve or disapprove attendance on City time (i.e., during times other than
employees' lunch and break periods). Notice of such meetings, specifying whether it is
biannual or general interest will be provided to directors, managers and supervisors two
weeks in advance, unless it is mutually agreed to waive this provision;
• post EEA notices on City designated bulletin boards;
• solicit EEA memberships during employee's non-work time.
Additionally, the Association may call monthly meetings of its board, to be held during the board
members' lunch periods. One (l) week's notice will be given to supervisors if the meetings are
expected to exceed the lunch periods.
Board members may also be allowed to represent employees on grievances. They will be allowed to
represent employees at labor management committee meetings and negotiations. During
negotiations, EEA negotiation team members may meet during work hours to discuss issues with
appropriate notice given to directors, managers and supervisors. The Association team shall not
exceed eight (8) members.
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ARTICLE 30. ST AND BY PAY
All employees covered by this contract and assigned standby duty shall be compensated at a
rate equal to eight (8) hours at his/her regular rate of pay for one week of standby duty. Standby pay
shall be prorated for standby duty ofless than one week. (Example: an employee assigned standby
duty for one day will be compensated at a rate equal to 8 hours/ 7 == 1.14 hours).
Standby pay shall not be substituted with compensatory time.
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ARTICLE 31. CALL BACK
Any time an employee on off-duty status (including stand-by duty) is called back to work
he/she shall be credited with a minimum of two (2) hours pay at the rate of one and one-half ( I I /2) times his/her regular hourly rate.
With the approval of the department director and subject to departmental guidelines, the
employee may choose to substitute compensatory time for call oo~k pay.
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ARTICLE 32. LABOR MANAGEMENT COMMITTEE
A I bor management committee consistma of fOID' (4) members appoinled by the Aaocialion
and futr ( 4) members appointed by the City shall meet on a quarterly 1-is. The committee will only
deal with group issues that arc not dealt with throup other exiltina commiUees OI' anevance
procedures. The Association will send its 8ifflda items to the Human Resoun:es Director at IC&1I
one (I) week prior to the date of the quarterly meeting.
City policy chanaes will be praen1Cd at the qmrtcrly labor..,..,...,.... c::unmiaee mectinp.
EfflCl'8Cl)C)' policy cbaJiacs will be immediately forwarded to the A.sa.'iation fOI' distribution.
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ARTICLE 33. EXCLUSIVENESS OF CON1RACT
The City and the Association agree that the terms and provisions herein contained constitute
the entire contract between the parties. The City and the Association agree that all negotiable items
have been discussed during the negotiations leading to this contract and. therefore, agree that
negotiations will not be reopened on any item dwing the life of this contract, except by mutual
agreement of the parties.
IN WITNESS THEREOF, the parties have caused this contract to be signed by their
respective representatives, and their signatures placed thereon, on this day of
_____ _, 2005 at Englewood, Colorado.
ENGLEWOOD EMPLOYEES
ASSOCIATION
Timothy F. Sullivan. President
Robert E. Stephenson, Vice President
Richard K. Coy, Co-Chairman of the Board
Mitchell E. Offutt, Co-Chairman of the Board
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CITY OF ENGLEWOOD
Mayor, Douglas Garrett
ATTEST:
City Clerk, Loucrishia A. Ellis
City Manager, Gary Sean
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COUNCIL COMMUNICATION
D.ite: Agencl.i Item: Subject:
June 20, 2005 11 C ii Wages and Benefits for MSC and Part-Time
Employees for 2006
lniti.ited ly: St.iff Source:
Human Resources Department Sue Eaton, Director of Human Resources
COUNCIL GOAL AND PRMOUS COUNCIL ACTION
Council previously approved a resolution in 2004 granting a 1.12% 2005 wage increase for
managerial, supervisory, confidential {MSC) and part-time employees of the City of Englewood.
This increase was the same as the increase granted the Englewood Employees Association
employees .
RECOMMENDED ACTION
Staff requests the Council adopt a resolution to approve wage and benefit adjustments for 2006
similar to those granted EEA employees for:
• Managerial and supervisory employees (General Services, Police and Fire)
• Confidential emplo es
• Part-time employees.
This adjustme nt will affect approximately 155 employees.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Employees covered by this resolution will receive similar wage and benefit consideration as
employees covered by the EEA Collective Bargaining Agreement.
The significant changes to previous practice are as follows:
1. The percentage of health and dental insurance premiums paid by the City will be changed .
Previously the City paid the same percentage {85%) of premiums for all coverage levels .
The City con tribution beginning in 2006 will vary according to coverage level {90%, 85% or
80%).
2. The method by which the City calculates the maximum points of the pay grades will be
changed.
3. The practice of adjusting wages when a position is reclassified will be eliminated except for
employees' wages that are lower than the minimum point of the higher grade.
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4. All wage increases, other than those mentioned above, will be based upon employee
performance as indicated by the performance evaluation score.
5. No base wage increases will be granted employees whose wages meet or exceed the
maximum point of their jobs' grades. They will be granted a one-time, lump sum Merit Pay
award based upon performance as indicated by the performance evaluation score.
6. An additional paid holiday will be granted on New Years Eve Day, increasing the number of holiday hours from 88 to 96.
FINANCIAL IMPACT
The impact of the wage increases and Merit Pay awards will be approximately $176,430 for 2006.
The impact of the wage increases and Merit Pay awards for 2007 will be approximately $182,600.
Additional costs associated with the wage changes (F.I.C.A., Medicare and 401 (a) match) will be
approximately $21,660 for 2006, for a total of $198,090. Additional costs associated with 2007
wage changes will be approximately $22,420 for a total of $205,020.
UST OF ATTACHMENTS
Resolution
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RIB.)I.IIDOH, NO.:,___
SERIES OF 200S
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A RE90UJTJON APPROVING COMPENSATION Pl.ANS FOP. MANAGERIAL,
SUPERVISORY, CONFIDENTIAL AND PART-TIME EMPLOYEES OF THE CITY OF
EN JlJB Yf.All.2006.
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WHEREAS, by Charter amendment effective April 13, 1981, City Council provided for the
establishment of managerial and supervisory employees within the service of the City of Englewood;
and
WHEREAS, by virtue of managerial and supervisory duties assigned to these positions by the City
Manager, it has been determined that they are excluded from membenhip, participation or
representation in any collectively bargained employee system of the City of Englewood; and
WHEREAS, by Charter amendment effective April 13, 1981, City Council provided for the
establishment of confidential employees within the service of the City of Englewood; and
WHEREAS, by virtue of the duties assigned to these positions by the City Manager or the City
Attorney, it has been determined that they are confidential and therefore the City makes no promise of
continuous employment, permanent employment or any specific length of employment and these
employees are therefore excluded from membership, participation or representation in any
collectively bargained employee system of the City of Englewood and are exempt from the Career
Service System; and
WHEREAS, part-time employees are defined to be those working less than 40 hours per week;
and
WHEREAS, the City makes no promise of continuous employment, permanent employment or
any specific length of employment and these employees are therefore excluded from membership,
participation or representation in any collectively bargained employee system oftbe City of
Englewood and are exempt from the Career Service System; and
WHEREAS, this Resolution will not apply to Directors whose compensation is set by the City
Manager;and
WHEREAS, this Resolution will not apply to the City Manager, the City Attorney and the
Municipal Court.Judge who are compensated by the City Council under separate resolutions ; and
WHEREAS , this Resolution will not apply to employees represented by a rccogniud collective
bargaining agent in the City of Englewood because they are compensated by contract under separate
resolutions; and
WHEREAS , under the Compensation Plans for managerial, supervisory, confidential, and part-
time employees, City Council desires to establish the wages 1111d benefits for the year 2006;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT :
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Section 1. The City Council of the City of Englewood, Colorado hereby approves the wage and
benefits for managerial, supervisory, ccmidential and part-time employees of the City of Englewood.
The following significant changes to previous practice for wages and benefits for Janumy I, 2006-
December 31, 2006, are as follows:
I . The percentage of health and dental insurance premiums paid by the City for benefit
eligible employees will be changed. Previously the City paid the same percentage (85%)
of premiums for all coverage levels. The City contribution beginning in 2006 will vary
according to coverage level (90"/o, 8S% or 80%).
2. The method by which the City calculates the maximum points of the pay grades will be
changed.
3 . The practice of adjusting wages when a position is recluaified will be eliminated except
for employees' wages that are lower than the minimum point of the higher grade.
4. All wage increases, other than those mentioned above, will be based upon employee
performance as indicated by the performance evaluation score.
S. No base wage increases will be granted employees whole wages meet or exceed the
maximum point of their jobs' grades. They will be granted a one-time, lump sum Merit
Pay award based upon perfonnance as indicated by the performance evaluation score.
6. An additional paid holiday will be granted on New Years Eve Day, increasing the
number of holiday hours from 88 to 96.
ADOPTED AND APPROVED this 20th day of June, 200S.
AITEST:-
Loucrisbia A. Ellis , City Clerk
I, Loucrisbia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the
above is a true copy of Resolution No .__, Series of200S .
Loucriabia A. Ellis, City Clerk
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COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
June 20, 2005 11 C iii Shea Homes' Road across Englewood's
Mclellan Property
Initiated By: Staff Source:
Utilities Department Stewart H. Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
On June 6, 2005 a motion was made and passed unanimously, which supported the concept
proposed by Shea Homes to build the road at no expense to Englewood.
RECOMMENDED ACTION
Recommendation from the Mclellan Foundation to adopt a resolution supporting the negotiation
of an agreement,,under the terms presented at the Council Study Session on June 6, 2005, between
the Mclellan Reservoir Foundation and Shea Homes for dedication of land for and construction of
a road across Englewood's Mclellan property to serve a parcel of land owned by Shea Homes. The
proposed road parcel is located off Lucent Boulevard and over the northern portion of Englewood's
property.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Shea Homes is proposing to build a road (see attached map), at no cost to the City, to serve
adjacent land owned by Shea Homes. The City would donate the land needed with curb cuts for
the City's access being installed when the road is constructed. The road would be dedicated to
Douglas County with Douglas County accepting maintenance of the road. As part of the
agreement, Shea Homes has indicated a willingness to resolve access issues on Englewood's
properties south of C-470 and has indicated a willingness to support a high-density, transit-oriented
development on the 55-acre parcel south of C-470 where the RTD light rail will terminate.
FINANCIAL IMPACT
The City of Englewood would be donating the parcel footprint for the road, with Shea paying for
the cost of the road construction -approximately $1 ,000,000. If the parcel owned by Shea Homes
develops as proposed, all of the facilities needed to develop Englewood's parcel will be in place.
The current proposal is to develop an auto dealership on the Shea Homes parcel. If this happens,
other dealerships may desire to locate on Englewood's property. Auto dealerships yield higher per-
square-foot revenue than do office parks. Currently, there is not a high demand for office parks.
LIST OF ATTACHMENTS
Me mora ndum fr om St ewart Fonda dated May 30, 2005
Resolu tio n
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FROM:
DATE:
RE:
StewutH.F
May30,2005
MEMORANDUM
Shea Homes Presentation
Attached please find a memo and a map from Shea Properties which describes a request
by Shea Properties to construct a road across Englewood property at McLellan Reservoir
to ~e an isolated piece owned by Shea.
A representative from Shea Properties will make a presemation to City Council at the
study session June 6 concerning this road and will be available to answer my questions
on this proposal.
The McLellan Reservoir Foundation Board bas met with Shea Properties on this issue
and will also be present to answer questions during the executive session following the
presentation.
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,t 'By: SHEA PROPERTIES ; 303341U010j llay -31-05 7:47AM;
Bads;r:gund
Up,n the campletton at C--470, Sha Homa (Mlaion -) wa llft wiltl a 11!-,'*'9
Ara north <:I C--470, south m CounLy Una lad. w1ttm amm ft'Clm pubic Right at
WWf. lllls proparty, known • Plamtng ..,. aa, 1s .. d praperty awned l7f the av
fl Englewood (27.89 acn!!I) and Planning Arel 84, Sidi d Int ONlld l7f the Rainbow
l'cx.r,datian.
Appn»arnlb!ly 7 years ago, a 5b:lml Wll!r pand was CIIISINdld on Pllffli'9 Ania 84,
deligned tD accept ctalnage ft'Clm llghlluds Ranch Buslnm Park (wttil lndudes '40
acres owned by the Qty d Engi.wood. This fadllty W11 built in 11'1 silting drlinlge
na, and c:cnslN:tlon was paid far by l~ldl RIIICh Mecro Olstrtct.
TIie ec19e d the drainage ara was designed tD aa:ommodm a roadway which would
event1Jally acx:29 the Shea parcel (Planning Area 86). A _,,. line serving the
Englewood property WM also installed in this area.
&Tm lR e,ann;,a n 8§
The mGSt reaanaole ICC8SI tD the Shel Property Is off wcznt lkUellald, ~ the
northern portlOn d '!he Englewood property. AccW ID tM nard'I d the !Ila property
(to COlftY une A.old) ts ..,.., clfflait, as the grade is VffY S1llp and would rmt In an
excessive route east and west.
Currendy, a 50 fqot ..., lint 1111 ment Is adjacent ID lllt nantl property llne, and
IAftlzes ~ 1.73 IQ'IL Sim's propo9ld accm lllgmMnt is 9DUd1 at the
!M oent n utfflzes 2.05 acres d property. · · ·
Shea Homes has prapoad ID build the enare l"Oid tu save Planning Ara 86. Sha
would install the road tD Douglas Cau,ty standards, and Dol,glll County would aa:IClt
maintenanc:a d '!he road, The road wll proYlde access ID the Englewood property.
Shea ls also seeking a Sign easement at the comer <:J this naw road and Luclnt
Boulevard ftr canstr,Jdjor, <:I ii 15' -O'" morunent 91111 ID aca:,mmodab! 5 user panels,
2 (Qr-the Sha property, and 3 for 1:ht Englewood pnlplr1.y.
Shea would pay for the cost at the roid nl the sign, ~ $1,000,000.
Page 2/2
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SERIES OF 200S
A N SUPPOR.TINO TIIB DEDICATION OF LAND BYnll!
ENGLEWOOD/MCLELLAN R.ESERVOJa.fQlJ?il)A TION TO SHEA HOMES TO BUILD A
R.OAD TO SERVE PLANNING AREA Q.
WHEREAS, the Englewood/McLellan Reservoir Foundation (EMRF) was formed to oversee
the development of the McLellan Reservoir property; and
WHEREAS, upon the completion ofC-470, Shea Homes (Mission Viejo) was left with a
Planning Area, known u Planning Area 86, north of C-470, south of County Line Road, without
access fiom public Right-of-Way; and
WHEREAS, Planning Area 86, is eut of property owned by the City of Englewood consisting
of 27 .89 acres; and
WHEREAS, approximately 7 years ago, a storm water pond wu constructed on Planning Area
84, designed to accept drainage fiom Higblanda Ranch Business Park which includes 40 acres
owned by the City of Englewood; and
WHEREAS, the storm water pond facility wu build iD an existing drainage area and
construction was paid for by Highlands Ranch Metro District; and
WHEREAS, the edge of the drainage uea wu designod to accommodate a roadway which
would eventually access the Shes pari:el (Planning Area 86); and
WHEREAS, Shea Homes bu proposed building a road to serve Planning Area 86 entirely at
Shea's expense; and
WHEREAS, the road will be built to Douglu County lllaDdarda and Douglu County would
accept maintenance of such road; and
WHEREAS , the proposed road will provide access to Englewood property;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
~-The City Council oftbe City of Englewood, Colorado, hereby suppor11 the
dedication of land by the Ena)ewood/McClellan Reservoir Foundation to Shes Homea to build a
road to serve Planning Area 86, attached hereto u "Exhibit A" and sublcantially iD conformance
with the terms presented at the Council Study Session of June 6, 200S :
• Shea Homes will build a road to serve Planning Area 86 entirely at Shes '1 expeme, widl
curb cuts to provide acceaa to City owner property.
• The road will be built to Douglu County lllaDdarda and Douglu Coo.JIily would accept
maintenance of such road.
• Shea Homes and the City will resolve access issues on the City's pnipertiel aoudl of C-
470.
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Shea Homes will support a high-density, tnmsit-orientcd development of the City's fifty-
five (55) acre parcel south ofC-0470 where the future RTD Light Rail line will
terminate.
Section 2, This resolution of support in no way waives or delegates the City's regulatory
powers, duties and responsibilities with respect to zoning 111d governmental issues .
ADOPTED AND APPROVED this 20th day of June, 2005 .
AITEST: Douglas Garrett, Mayor
Loucrishia A . Ellis, City Clertr.
I, Loucrishia A. Ellis, City Cleric for the City of Englewood, Colorado, hereby certify the
above is a true copy of Resolution No. ___, Series of 2005.
Loucrisbia A. Ellis, City Cleric
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COUNCIL COMMUNICATION
Date: Agenda Item: Subject: .. ---· June 20, 2005 -,,..,.._.. Allen Plant Washwater Pump Equipment
Installation
Initiated By: Staff Source:
Utilities Department Stewart H . Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
The original Allen Plant washwater pump station was constructed in 1979. Council approved the
equipment only purchase in the amount of $167,000 from Genesee Builders, Inc.
RECOMMENDED ACTION
Recommendation from the Englewood Water and Sewer Board, at their June 14, 2005 meeting, to
approve, by motion, the installation of washwater pump equipment at the Allen Plant Staft
r~ aWi!l'5Ml!8 a contract to the lowest acceptable bidder, Genesee Builder, Inc. in the
amount of!' t't,m'
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The existing washwater pumps were initially built to handle only the backwash water for the original
plant. Due to the 1999/2000 Allen Filter Plant upgr.1ides, the existing pumps now handle twice the
volume of the original design, and now pump sludge and carbon granules, which are abrasive
materials. New pumps are required to handle the additional volume and abrasive material and
settled solids from the pretreatment settling process.
The washwater pumps take waste materials and pump it to the backwash lagoon to be processed
by the belt press operator and are the first step in the sludge handling process.
The pumps were previously purchased by the Utilities Departmerit to allow for the 12-week
cons truction and delivery period. This recommended bid is for the labor, materials and incidentals
required to install, test and start up the new submersible pumps. This will include the demolition of
existing pumps and the installation of the new pumps with power wiring, control conduit, piping
and subsequent start-up and testing.
System con trols are not included in the bid, but will be forthcoming from Mountain Peak Controls,
which was selected previously through a bidding process to maintain and install all water related
plant con trols . Mountain Peak Controls is familiar with Englewood's operating parameters and
what must be kept on-line during construction. Mountain Peak Controls will be working
concurrently with the contractor's installation dates.
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FINANCIAL IMPACT
The bid opening was held June 1, 2005. The following bids were received:
Paramount Construction
Velocity Constructors
Asian Constructors
COM Constructors
Genesee Builders, Inc .
$214,163
$204,000
$176,968
$179,500
$167,000
COM reviewed the bids and recommended Genesee Builders, Inc. the amount of $167,000, as the
lowest, acceptable bid. $300,000 was budgeted for pumps and construction in 2005. Controls
and labor from Mountain Peak Controls will be on an as-needed basis, expected to be
approximately $10,000.
LIST OF ATTACHMENTS
Bid Tabulation Sheet
Letter from COM
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·city of Englewood Bid Tabulation Sheet
Bid Opening: 813/05 11 :00 a.m.
ITEM: Waahwater Pump StaUon Improvement•
Addendum
Vendor 11 Bond line 1
Mclemore Pump
,c.,,, 303-471-11'41 • -
8345 Downl"fl sr
o.nwr, CO IOafl
v.,ocny Conerrucron
Orenr 303·IHU·1IOO y y • 24,342.00
H41WColf••Dr
lelr.woocf, CO I0221
RN C/1111 Conerrucflon
Tim 303-412·3059 • -
11901 S Holley Cir
Cfflfffllel, co 10121
Clemon• Con•r. Corp
o.-y 303-34fi-7354 • -
122H Meed Wey Un/f A
-l/ff/efon, CO 80125
Oena•H BulltM,.., Inc.
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David 303·521-2113 y y • 3,500.00 •
231195 Curren Or
Golden, CO 10401
PV Coneull/nfl, Inc.
Pere 303-814-1230 • -•
32051 Buffalo Creelr Rd
EVIH'flrNn, CO "'439
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Schedule of prices
llne2 llne3
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173,151.00 • 9,500.00
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157,000.00 • 9,500.00
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Tolal Bid E,rceptlons:
-NOBID
204,000.00
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197,000.00
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...,.,. Con81tUcHon _.,.,,,,......, y y • 18,000.00 • 112,481.00 • l,I00.00 • 171,IA.OO
HOE l!JNl.:ta-St.
Lowwland,CO eosn ~
,,.,._, Conalrvdlon
Ryan 3034n.,,a y y • • 13,112.00 • 113,979.00 • 1,972.00 • 214,113.00
470f.,..._St
Oen"', co enre
COM C-•t,vcfc,n
"'--• 303-n,.flff y y • 1,200.00 • 197,IOO.CIO • l,I00.00 • 179,IOO.OO Bid Bond NOelvecl In the form of •
fUf f7fll St ohecll In Ille 81MU111 ol "800.00
OenNr,COeoa02
HIit E#Cfno Corp. ~
Rick IOl-1N41f0 • . • . • . • .
n•BAwwvnW•Y -'' c.,.,.n,,,.,, co aor:n
Sun v.,,.,. El9clrlo ·;:,
KNIii~ • . • . • -• .
P08o•IN
kloln, co .,,,,7
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Jll-01-0I 1':H flll»<• Dr11m & Yr:«.
1.a,11111--1--~-1t4,JOl211o1J11 ---June6,200S
Mr. Bill McCoanick
Utilities Depanment
City of!qlcwood
1000 E.q1ewood Pm:way
P.ng1ewood. co 80110
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+IOfflllUI T-141 , -IIIZIIDT P-414
Subjc. Review of Bids for the Allen P1ml Washwmr Pump Station Improvemmts
Dear Mr . McCormick:
~ requested. CDM completed a brief rnicw oltbe bids for the above refeumccd project.
This letter lists the actions taken to complc:fe this ffl'iew . CDM complmd tbe followina
items to avaluatc this fmn's capability to complm this project:
• !!valuated the copy of the bid documeaa submitted to tbe City ol=sJewood on
June 3, 200S.
• Verified tm total fioui die Bid Items equals tbe Total Bae Biel amo'IIDt.
• Contlcled ach of tbe 1br'CC n:!eawww listed.
The bid packap included the required Bid Bond md 1ef&w:e intnmllimL Balld on
the evalmlion oftbe bid Imm naivcd, it is our opimora dw a-B1lilden, Jnc.
submitted a n,spomive bid. Also, tbe Total Bae Bid eqaaled tbe sum of1be Bid Items.
'Ibe followinc summarizes tbe fiDdinp &om dilc:1laiom with 1he tbrcc tilllld ~
• All tine CODtadl (2 OwDm md 1 Eqiuecr) used II tefermcel pnmdal
posilive r.dbadc oa tbe GeneNo Builders a Dave T1111111. Bodi Utilitia
CODtlCtld have couipleted addidoDal prgjec:11 wilh G-.
• Genesee Buildcn bu pabmed over 27 projec1I siDce 1999111111)' oftlac
projects have included pump s111ioa modi.fic:ldom ar TlelllDall Pima.
• The projects ref'ac:nc.ed wae ID complcled oa a ICmduJe to tbe Owmr's
lltmK'tiolL
• All three Contacts would ue tbe savices or GCDllleC Baildm, Inc. or lblir
principaJs aaam.
Ju part of this eva1uatioa. CDM compJecmd 1111 llllllebld Bid Evalualiofa CbaJilt 111d
noted the ii.ma that arc applicaha. to d>ia project.
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B1114 OG 1bis ovnD mlaalial. CDM N, I PNMI -a-.. BaUdm. lDc. ii
awarded tm cmmct ID campJcllt Ibis_,.. • .-wed pn,joct. ,-. caD if:,uabaft
myqmsdcm.
Sim:enly.
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CaJIWorder~
Invocation......!..-=-:..:_ __ _
1.
2.
3. Pledge of Allegiance ___ _
4. Roll call
Members:
_7...t___ ....... present
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(p · ~·OS minutes cc __ _
COUNCIL • MN4lr,g woflcing ,_ .
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AGENDA FOR THE
REGULAR MEmNG OF
THE ENGLEWOOD CITY COUNCIL
MONDAY, JUNE 20, 2005
7:30 P.M.
Englewood Civic Center -Council Chambers
1 000 Englewood Parkway
Englewood, CO 80110
Call to order. 'J: 'h~
Invocation.~.
Pledge of Allegiance . ~
Roll Call .
5. Consideration of Minutes of Previous Session.
Minutes from the Regular City Council meeting of June 6, 2005.~
6 . Recognition of Scheduled Public Comment (Please limit your presentation to ten minutes.)
a. Greg Kainer, President of Englewood Unleashed, will discuss public community
partnerships.
7. Recognition of Unscheduled Public Comment. (Please limit your presentation to five minutes .
Time for unscheduled public comment may be limited to 45 minutes and if limited shall be
con tinuff eneral Discussion .)
8 . Communica tions, Proclamations, and Appointments.
Letter from Angela Hardin announcing her resignation from both the Engl~ , ~ _ _
Housing Authority and from the Code Enforcement Advisory Committee.~~
b E-mail from Ernie Arterburn announcing his resignation from the Keep Englewood
-0Beautiful Commission.~
APP'O 7-0 BRADSHAW MOIIED TO APPOINT ERNIE ARTENIUAN TO THE
ENGLEWOOD HOUSING AUTHORITY (HE IS CURAENTl VAN AL TERNA'TE}
Plea e note· If ou h.a,e a d1sabtlity and need auxiliary aids Of' 5ef\1ces, please notify the City of Englewood
(303-62 ·2407) at leas t 48 hours m advance of when sen.-.ces are nttded. Thank YoU.
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Englewood City Council Agenda
June 20, 2005
Page 2
pf ~/~J;;;;-~eri,11,.,,,.,__., 1;/) f a. Approval of Ordina
i. Council Bill No.,29 -Recommendation from the Department ofFinance and
Administrative Services and the Election Commission/City Clerk's Office to adopt
a bill for an ordinance to opt-out of City Council nomination petition vacancy
committee provisions as set forth in State Statute. STAFF SOURCE: Frank
Gryglewicz, Director of Finance and Admini5trative Services and Loucrishia Ellii,
City Clerk/Election CommiHion Member.
ii. Council BUI No 26 • Recommendation from the Department of Safety Services to
adopt a bill for an ordinance authorizing an Intergovernmental Agreement
regarding shared use of Arapahoe County's Radio Communications Network
System. STAFF SOURCE: Trina Everhari, Rnearch and Technology Manager.
iii. Coypcjl Bill No. 27 -Recommendation from the Utilities Department to adopt a
bill for an ordinance approving a Storm Drainage Criteria manual. STAFF
SOURCE: Stewart H. Fonda, Director of Utilities.
iv. Council Bill No. 28 -Recommendation from the Department of Finance and
Administrative Services to adopt a bill for an ordinance extending the limited
waiver of the Waste Transfer Surcharge until December 31, 2007. STAFF
SOURCE: Frank Gryglewicz, Director of Financial Services.
b . Approval of Ordinances on Second Reading.
i.
ii.
iii.
iv.
Council Bill No. 21 adding M Acupuncturists Licensed with the State of Colorado•
as an additional exemption from the licensing requirements for massage
therapists.
Council Bill No. 22 increasing member terms for ETAC from two years to four
years and to increase officer terms from one year to two years.
Council Bill No. 23 approving Amendment No. 2 to the Intergovernmental
Agreement for the HOME Investment Partnerships Program between Arapahoe
County and th e City of Englewood.
Council Bill No. 25 accepting a Victim Assistance Law Enforcement {VALE) Grant
for 2006 in the amount of $15,000.
c. Resolutions and Motions.
Recommendation from the Community Development Department to adopt a
resolution authorizing application for a new line of credit with Mile High Housing
Fund for $1 ,000,000 to support the activities of the Housing Rehabilitalion
Enterprise Fund. STAFF SOURCE: Janet Grimmett, Housing Finance Specialilt.
Please note: If ou ha e a disability and need auxiliary aids or services. please notify the City of Englewood
(303-762-2407) at least 48 hours in advance of when services Me needed. 1Mr1k
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Englewood City Council Agenda
Jun e 20 , 2005
Page 3
Recommendation from the Department of Finance and Administrative Services to
adopt a resolution approving proposed changes to the City of Englewood's
Investment Policy. STAFF SOURCE: Frank Gryglewicz, Finance Director.
iii. Recommendation from the Parks and Recreation Department to approve, by
motion, a contract to retrofit the ball field lighting at Belleview and Centennial
(Spencer Fields) Parks . Staff recommends awarding the contract to the lowest
bidder, C&R Electric of Northglenn, CO, in the amount of $44,747. STAFF
SOURCE: Gary Hultberg, Recreation Manager/Operations.
10. Public Hearing Items. (No Public Hearing Scheduled.)
ff
11. Ordinances, Resolutions and Motions.
a. Approval of Ordinances on First Reading.
i. Council Bill Ng . 16 · Recommendation from the Public Works Department to
adopt a bill for ~n ordinance vacating rights-of-way on three parcels located within ~ IJ.-0 or adjacent to the Littleton/Englewood Wastewater })~~-~an~STAFF
v ff"" SOURCE: Rick Kahm, Director of Public Works . v -., "'V 7,---
b. Approval of Ordinances on Second Reading.
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i. Council Bill No. 1 7 approving prog9s;~ housekeeping amendments pertaining to
(11,(j, ~ '7-t) the Unified Development Code.~~
, L. ii. Council Bill No. 19 approving amendments to the Unified Development Code
{f2{r,f" ,J..~ Off d l)_O>ertaining to front setbacks in theMU-B-2 Zone District. ~
I.OJ .h ~ 1[J . iii . Council Bill No. 20 approving amendments to the Englewood Municipal Code
--,~ pertaining to Historic Designation .
(7'-[/r'lr..S.: 8/rR.t£JJt"1All!-1 (,Hlltr\
c. Resolutions and Motions._)
Recommendation from the Humar. Resources Department to adopt a resolution
to approve the Collective Bargaining Agreement between the Englewood
Employees Association and the City of Englewood for the ye'Y}~ ~~~ 2~7.
STAFF SOURCE: Sue Eaton, Director of Human Resourcesw1~
Reco mmendation from th e Human Resources Department to adopt a resolution
to approve wage and benefit adjustments for Managerial, Supervisory,
Confidential and Part-lime Empl~~e~ to; 2006. STAFF SOURCE: Sue Eaton,
Director of Human Resources. /lf"'-# ~
Pl noie If ou ha , e a d,sabthl) and need au diary aids or services, pleiilSe notify the City of Englewood
J30F'62-2 40 ) at least 48 hout'1 m ad~ance of when services are needed. ~ you.
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Englewood City Council Agenda
June 20, 2005
Page4
iv.
Recommendation from the Utilities Department to adopt a resolution authorizing
the negotiation of an agreement between the Mclellan Reservoir Foundation and
Shea Homes for construction of a road across Englewood's MdeRan Property to
serve a parcel of land owned by Shea Homes. STAFF SOUia: Stewart H.
Fonda, Director of Ub1ities. ~
Recommendation from the Englewood Water and Sewer Board to approve, by
motion, the installation of the washwater pump equipment at the Allen Plant Staff
recommends awarding a contract to the lowest acceptable bidder, Genesee
Builders, Inc., in the amount of $167,000. STAFF SOURCE: Stewart H. Fonda,
Director of Utilities.~
12. General Discussion:
a. Mayor's Choice.
b. Council Members' Choice.
13 . City Manager's Report
14. · City Attorney's Report
15. Adjournment 8:or ~
The following minutes were transmitted to City Council between June 3 and June 16, 2005:
• Alliance for Commerce in Englewood meeting of May 12, 2005.
• Cultural Arts Commission meeting of May 4, 2005
• Keep Englewood Beautiful Commission meeting of April 12, 2005
• Parks and Recreation Commission meeting of May 12, 2005.
• Transportation Advisory Committee meeting of May 12, 2005.
~.lSe note : If you ti.,e a dts.ibila1y and need~ aids o, servic-. please notlfv lfae Cily ol fllllewood
1303-62·2 40 ) at ~ast 48 hours III ad\-=e ol when NMCW are ne.ted. Thlrlk
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AGENDA FOR THE
REGUlAR MEmNG OF
THE ENGLEWOOD CITY COUNCIL
MONDAY, JUNE 20, 2005
7:30 P.M.
Englewood Civic Center -Council Chambers
1000 Englewood Parkway
Englewood, CO 80110
1. Call lo order. fJ: ctt}
2. Invocation.
3 . Pledge of Allegiance.
4 . Roll Call.
5. Consideration of Minutes of Previous Session.
a. Minutes from the Regular City Council meeting of June 6, 2005.
6. Recognition of Scheduled Public Comment (Please limit your presentation to ten minutes.)
~ a. / Greg Kainer, President of Englewood Unleashed, will discuss public community
(7'-0 ~ ~ parfnerships.
7. Recognition of Unscheduled Public Comment (Please limit your presentation to five minutes.
Time for unscheduled public comment may be limited to 45 minutes and if limited shall be
continued lo General Discussion .)
8 . Z::ons, Proclamations, and Appointments.
~ a. Letter from Angela Hardin announcing her resignation from both the Engl9r~ 1 ~ ,J~ . ,...--f/-{) :fr' • Housing Authority and from the Code Enforcement Advisory Committeep~ 4t/3
/J j1;~mail from Ernie Arte~,, !"T~~ing his resignation from the Keep Englewood
M~?veautiful Commission. Vf/~
· l/fN~IPAw ~-fr~ ____ C?_
Please note : If ou h.lve a dis.ability and need auxiliary aids or services, pleMe notify the City °' Enslewood
(303-762-2407) a t least 48 hours III advance ol when services are needed. Think
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Englewood City Council Agenda
June 20, 2005
Page2
a. Approval of Ordinances on First Reading.
i. Council Bill No. 29 -Recommendation from the Department of Finance and
Administrative Services and the Election Commission/City Clerk's Office to adopt
a bill for an ordinance to opt-out of City Council nomination petition vacancy
committee provisions as set forth in State Statute. STAFF SOURCE: Frank
Gryglewicz, Director of Finance and Adminimative Services and Loucrishia Ellis,
City Clerk/Election Commission Member.
ii. Council Bill No. 26 -Recommendation from the Department of Safety Services to
adopt a bill for an ordinance authorizing an Intergovernmental Agreement
regarding shared use of Arapahoe County's Radio Communications Network
System. STAFF SOURCE: Trina Everhart, Research and Technology Manager.
iii. Council Bill No. 27 -Recommendation from the Utilities Department to adopt a
bill for an ordinance approving a Storm Drainage Criteria manual. STAFF
SOURCE: Stewart H. Fonda, Director of Utilities .
iv. Council Bill No. 28 -Recommendation from the Department of Finance and
1'dm1mstratlve Services to adopt a bill for an ordinance extending the limited
waiver of the Waste Transfer Surcharge until December 31, 2007. STAFF
SOURCE: frank Gryglewicz, Director of Financial Services.
b. Approval of Ordinances on Second Reading.
Council Bill No. 21 adding N Acupuncturists Licensed with the State of Colorado•
as an additional exemption from the licensing requirements for massage
therapists.
(J7Jf}~ ii. Council Bill No. 22 increasing member terms for ETAC from two years to four
years and to increase officer terms from one year to two years.
mJ/J-)3 iii.
(JLJ#2i iv.
Council Bill No. 23 approving Amendment No. 2 to the Intergovernmental
Agreement for the HOME Investment Partnerships Program between Arapahoe
County and the City of Englewood.
Council Bill No. 25 accepting a Victim Assistance Law Enforcement (VALE) Grant
for 2006 in the amount of $15,000.
c. Resolutions and Motions.
Recommendation from the Community Development Department to adopt a
resolution authorizing application for a new line of credit with Mile High Housing
Fund for $1,000,000 to support the activities of the Housing Rehabilitation
Enterprise Fund . STAFF SOURCE: Janet Grimmett, Houtlq Finance Spedalilt.
Please note: If you have a disability and need auxibry aids or services, please nolify the City ol Enalewood
(303-762-2407) at least 48 hours in advMKe cl when services are needed. Thank
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Engl ewood City Council Ag enda
Jun e 20, 2 005
Page 3
Recommendation from the Department of Finance and Administrative Servir es to
adopt a resolution approving proposed changes to the City of Englewood's
Investment Policy. STAFF SOURCE: Frank Gryglewicz, Finance Diredor.
iii. Recommendation from the Parks and Recreation Department to approve, by
motion, a contract to retrofit the ball field lighting at Belleview and Centennial
(Spencer Fields) Parks . Staff recommends awarding the contract to the lowest
bidder, C&R Electric of Northglenn, CO, in the amount of $44,747. STAFF
SOURCE: Gary Hultberg, Recreation Manager/Operations.
10 . Public Hearing Items. (No Public Hearing Scheduled.)
~
11 . Ordinances, Resolutions and Motions.
a. Approval of Ordinances on First Reading.
~i.
tu}),,#)j ( /;J ~ i
~7-o
Council Bill No. 16 · Recommendation from the Public Works Department to
adopt a bill for an ordinance vacating rights-of·way on three parcels located within
or adjacent to the Littleton/Englewood Wastewater Treatment Plant. STAFF
SOURCE: Rick ICahm, Director of Public Works. ~
b. Approval of Ordinances on Second Reading.
rn ,J../t:. ~n Council Bill No. 17 approving pro~s~ 1ho~e_k~ amendments pertaining to V ~ ~ ·r-One Unified Development Code.ft,~
tr\ ~ _.Ek ii . .) Council Bill No. 19 approving amendments to the Unified P,~v!'~ment Code
U l,(L· tiff(/ ;:l~ining to front setbacks in theMU·S.2 Zone District. (;f/7'C~
iii. Council Bill No. 20 approving ameni'.t'M ~~od Municipal Code
;.i ~.f7iJtJ:~:/~on . b!/-~P UuUdt>a,;(r;;,
Res olutions and Motion/ ~ lrJ-~ t,,:J;;-IUl,,l__ l,J
Recommendation from th e Human Resources Department to adopt a resolulion
to approve the Collective Bargaining Agreement between the Englewood
Employ ees A ssociation and the City of Englewood for the years }006 an1 _2~~. l
STAFF SOURCE: Sue Eaton, Diftctor of Human Resources. ~
Plea e note: If you ha e a d1sabihty an d need auioli.uy aids Of 5"\'ices, i*,ue notify the City o f Englewood
(303 ·762·2407) at leas t 48 hou rs in ad\ ance o f when ~,ces are needed Thank you.
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Englewood City Council Agenda
June 20, 2005
Page 4
iii . Recommendation from the Utilities Department to adopt a resolution authorizing /J. . -, 1/. /j the negotiation of an agreement between the Mclellan Reservoir Foundation and
/,1/}tJ1'f'"'_:;).I-Shea Homes for construction of a road across Englewood's Mclellan Property to ~ ,,;'J(fi ,....Aerve a parcel of land owned ~~-Shea ~-lames . SJAFF SOURCE: Stewart H. _ Tf'-'1/1), f5P-·/onda, Director of Utilities. .,~
iv. Recommendation from the Englewood Water and Sewer Board to approve, by
motion, the installation of the washwater pump equipment at the Allen Plant. Staff
recommends awarding a contract to the lowest acceptable bidder, Genesee
Builders, Inc., in the am , . E: Stewart H. Fonda,
Director of Utilif d 1An-lLh1~ /?
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12 . General Discussion :
a. Mayor's Choice.
b. Council Members' Choice.
13 . City Manager's Report.
14. City Attorney's Report.
15. Adjournment. 0: ~~
The following minutes were transmitted to City Council between June 3 and June 16, 2005: .
• Alliance for Commerce in Englewood meeting of May 12, 2005.
• Cultural Arts Commission meeting of May 4, 2005
• Keep Englewood Beautiful Commission meeting of April 12, 2005
• Parks and Recreation Commission meeting of May 12, 2005.
• Transportation Advisory Committee meeting of May 12 , 2005.
Please note : If you have a di sability and need auxiliary aids Of services, please notify the City of Englewood
(303-762-2407) at least 48 hours in advance of when services ;ire needed. Tori
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