HomeMy WebLinkAbout2000-11-20 (Regular) Meeting Agenda-
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November 20. 2000
ENGLEWOOD CITY COUNCIL
RegUlar Meeting
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Regular City Council Meeting
November 20, 2000
ORD/Ir• ,', ,. 87, 88, 89, 90, 91, 92, 93
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ESGLEWOOD CIT\' COl "SCIL
El'iGLEWOOD. AR.\PAHOE COl.J~TY. COLORADO
I . Call to Order
Regular Session
No.-ember 20. 2000
The regular meeting of the Englewood C 11y Council wa s cal led 10 urckr b, \ta ,or llurns JI " -l " p 111
2. Invocation
The invocauon was g iven by Mayor Burns.
3. Pledge of Allegiance
The Pledge of Allegiance \\3S led by Ma yo r Bums .
4. Roll Call
Prese nt :
Absent:
A quorum was present.
Counci l Members Grazulis. Bradshaw. Wolosyn. Yurch1ck .
Bums
Council Members Nabholz. Garrett
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Mayor Burns ad\'lsed that Council :vtember Garrell was traveling. and Counci l Membt'r '.'sabhol,· child "as
not feelmg "ell.
Al;,o Prcse m :
Minutes
C 11 y \-tanager Scar,
C 11y Allorney Brot zman
Deputy City Clerk Castle
Commu111 ca11 o ns Spec iali st Moftlunes. C ll ) :vtana ger· om c
Director Ro ss. Publi c Works
Director Gryg le\\1C7 . Fmancc and Admm1 s1ra11 ve crv,ccs
Director Snnp o n, ommun11y Development
(a) COUNCIL MEMBER WOLOSYN MOVED. AND IT WAS SECONDED. TO
APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING ot· NOVEMBER 6.
2000.
Ayes :
Nays :
Absent :
The motion carried.
6. Seheduled Vi,ilors
Counc il Members Bradsha\\, Wolosyn . Yurch,ck.
Grazulis, Bums
None
ouncil Members Nabho lz. Garrell
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Eng lewood C 1t y Council
November 20 . 2000
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There "ere no sc hedu led , 1 uors
7. UnKheduled \'isilors
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(a) ene Turnbull.-+ 6 outh Grant Street. s poke regard111g Counnl 13111 \o -... "l11d1
addre ses tra sh rcn10,al. He opined that this o rd111an ce takes a"a) the nghts of the c 1t1 ze11> o f l:ngk"oud .
It take s "''") our nght ofa choi ce. he said \\'hcneH'r yo u l11rnt \\he 111lw o ut ·1d,· pcopk ca n co me into
Engle" ood. yo u also hmn when the peo ple III Englewood c an do bu s 111ess. h e said . He said he ha s lived 111
Englewood for twenty-some ye ars . and has heard this disc ussed for twent y-some yea rs . He said he . hkc
everyone else . never thought he would lo se l11S right to chose anyth111g he wanted. when he "anted. You
ma y see a lo t uf trash truc ks III Englewood, he sa id. and it may be because the people of Englt·\\ood a, e
exerc1smg their nght of choice. He asked Counc il to stop and take a look at thi s o rd111anc,· before 1t 1s
pa ssed . He said he ha s heard talk about thi s makmg It easier for people when the,· put out th,· trash He ldt
11 would be tough to enforce. Now \\e are commg back wnh an ord111ance to make that JOb easier. he sau.l.
by taking away the rights of the people. That reall y does not sound nght to me. he a,d. a nd he aga111
suggested that Council take a look at the ordmance before the y pas n . He felt that. 1fthe c n,zen o f
Englewood were to vote on this ordinance . It \\Ould not pa s . There may ha\'e o nl ) been a rucku 111 the
past four to six weeks. but it was becaus e peo pl e ne, er realized tlu s could happen. he J1d Stop and thmt..
about Council Bill No . 7-+. he sa,d. and he funher uggc,ted that Counc 1l 1abk II and thmt.. Jbo ut II ,ome
more .
Ma yo r 13urns asked what nght \I r rurnbull fret , the pubk i, lo>1 11 g \I r ·1 urnbull SJIJ the ) J1 e lu,,n g tlw
ngh1 10 c hoose whom th ey ,,ant to do bu s1111..· ,, 1lh , J111..i ,, h..:n U11..·~ "Jnt to do bu Ul?!'t.:, I f ..,1..•111 01 ..:1t1 L1.·n:,
can get a break b y dorng bus111e ss '"th a s ma ller ,·o mpJn) he ,.11d . Jnd the , ,Jn u ni ) ,·o nw 111 011 rt1u11J J ).
why should we dcpnve the se mor c 1117ens of 1ha 111 g l11 Yo u Jrc tJl..111 g J\\J ) the 11 gh1 o t c hoice . lw
assened. addmg that he did not fret II "as nght lur the ek ·ted ut11, 1JI tu Ju tllJ! I k sJ ld h,· 1.:d , cl')
strongly m the right of choice.
(b) C lifford Wembcrger. owner of 33 . J ·outh Oannoct.. :1ree1 and 3 33 We st I lampden
\'enu,·. sa id he JU>t at 111 o n a Study Se s,un. "anted 10 mat...: ,omc comments and "a, to lJ 1h1> "as the
proper fo rum He said he had I\\O comments. o ne \\3S a p ro tocol o mme nt. In that Study Sessio n. Coun c il
"a, g n e n some 111fonna11 o n on omments he made re garding R~Q stud,e that \\ere bemg proposed and
loo ked at 111 thc 'tud) e ss,0 11 ,a one from staff e,er contac ted him. he said. or s poke to h1111 o r gave 111111
an) ans \\ers abo ut the comment that he made . These were presented directly to Council. he sa id . and he
did n t fed that "as n g ht Also . he "as not adnsed that these were going to be o n the agenda at the tu d)
Session. He felt that . any time omeone 1s gorn g 10 be quoted to C ouncil. th ey should at le ast be adnse d
the y are gomg 10 be on the agenda . The second comment , he sa id . ,s rdatl\'t' to th e RFQ ·s. Requests for
Quahfica11011s . for some parcel s that th e C 11 y I go in g to sdl. He said he ,son tluec s ide s of one 0f 1he
parcels. and he thinks the City should look for some he lp outside it s own mfras tru cture , 11s 0 \\11 st.aff. 10 ;,cc
what really would be best to compliment CityCenter. Not just go out 111 a broad , market-dnvcn approach .
but take a look and see what would be best suit ed to he lp the Ci ty. h e suggested. a nd to work "1th c"s1111 g
de\'elopment. Have a rifl e approach. thi s is what we want. thi s 1s what we think is best. whether 11 "retail .
offic.e. c ivic use or some comb111a11 o n the reof. and reall y take a look and see where we are . He cxprc scd
concern that th ere 1s a fair amou nt of,acanc,e; 111 thc retail centers and o n Broad\\ay, and some re tail for
lease in CityCente r. lk said he ,s concerned that there are a lot of apartments gomg up . yet there, plent y
of for-sa le housmg around . He said he ,s 110 1 reall sure what the C n y ts go111 g to hear. so he \\ould lik e
them to be as focused a s the y can on \\-hat would be the best. TlllS market-dnven approach 1s JUSt too ha ,~.
he satd, and solll<!one from the oulSlde s hould be g ,v rng Coun c il adv , e .
8. Communiulions. Prorlamalion s and Appointments
(a) Counci l re cogn ized the smde nt s whose am,ork wa s c ho sen for the 200 1 Eng k"ood
C alendar. Mayor Bums said there were a number of cluldren and their fami lies here to111 g h1. I le sJ1d we
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Englewood City Council
November 20. 2000
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are pleased this evemng to honor the student artists whose work is featured m the Englewood 200 I
Calendar, a celebration of student an. The City held an art contest that was open to all tudenLS "ho Jive
and go Lo school in Englewood. These are both private and public schools. W c re ceived 200 entries. he
advised, from students in public. private and home schools in Englewood . Thirteen entnes were chosen.
one for each month plus the cover. The artwork was chosen b y a selec tion panel made up o f C 11 y Co un c il
members and the Englewood Cultural Arts Cornnuss1on . The selection panel cons is ted of '.I.fa ) o r Pro I em
Bev Bradshaw. City Council Members Julie Grazulis and Olga Wolosyn. C ultural Arts Comm1 ss1on C hair
Eric Benolucc,. Cultural Ans Commissioners Joel Burrage. John Gates. Rosemary LaPona. Ra y To ma sso .
and Mary Lynn Baird, who serves as a school liaison to the Cultural Ans Commission. He no ted that
choosing Just thirteen pieces of art 10 include m the calendar out of the many wonderful entries \\t' received
was not an easy task . Thanks to the selecuon panel for their efforts. he aid . We" ,II be return111 g th e
an,sts · ongmal work this evemng. as we have had them all maned and framed . he adv, ed . The antsts '"II
also receive a gift certificate to Hobby Lobby that they :an use to bu y art supplies . Mayo r Burns o ffe red
his thanks to A & B Custom Franung m Englewood for prov1dmg a genero us d1 count o n th e co I of
framing .
Mayor Bums. with the ass 1s1an e o f Conunu111 ca11 o ns S pe c iali st Ho f01111e s. presented 10 cad, of th e
follu"·mg studenLS their framed an"ork and the gift cerufic ate . and had J11 s pi c ture taken" 1th ,·J d1
Elnnar '.\1a c huca. an exc hange stude nt from Venezuela attending I I'" grade at EHS, "hose art\\o rk "Faces ..
appears on the cover of the ca Jendar.
Connor Po"ers . a econd g rad er at harles Ha y Elementary. whose "African Ma sk .. appear m Janual')
ryst.il Patton. a semor at Engle"ood High School. whose pamting ... Look ... graces the momh o f February.
Briggs BucklC'y . a third grader at Charles Hay Elementary, whose .. Inspired Animals" appears 111 ~1ar h
Jon Allyn Manne. a senior at Colorado's Finest Alternative High Sc hoo l. whose un11tl c d am,o rk a ppear m
April.
Jill C rawford. a fourth grader at Clayton Elementary. whose "Jill -Bnght and Beau11fu)" appear m .\lay
TerraRose Puncerelli , a kinderganner at All Souls School. TerraRose 's watercol r "C ra z) Ram bo "··
appears in June .
Benjanun Kebba, a second grader at C la yton e leme nt a ry. "hose torn paper ·o llage en 111 led "13 cn" a ppe j r,
in July.
Brendan Sullivan, a senior at Englewood Hi g h chool. "hose 01) pa11111ng "Ra111 Frogs" appears 111 Aug ust.
Jacob Draper, a third grader at Clayton Elementary, \\hose pastel piece "Yummy Ra111b cm T ro u1 " ad o rn s
the month of September.
N icholas J. Neumann. a third grader at Charles Hay Elementary, whose "N ick the King .. appears in
October.
Tyler J . Neumarm. a second grader at C harles Ha y Elementary, whose "Warrn Chicken on a Cool
Background .. appears in November.
Catherine Fields, a sixth grader at Flood Middle School. whose untitled painting appears in December. was
unable to attend the Council meeting. Mayor Bums said the City would be sure she gets her artwork and
gift certificate.
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Englewood C ity Co uncil
November 20, 2000
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Mayor Bums sa id thi s was rea ll y a fun proJe ct and thi s 1s tht' second year "e ha, e helJ the conte st. He
congratulated all the anists and thanked th em all for commg so the C ity could recogni ze th eir tale nt s and
creativity. He said there we re plenty o f ca lendars m the back of the room and mvneJ everyo ne to tak e
some home with them. He asked for a round of applause for th e aruS!S .
Mayor Bums said he would espec iall y like to recognize Leigh Ann Ho flhine s. wh o reall y went 10 bat for
thi s projec t. He said she did a terrific job. He also thanked the art teac he rs from the different schoo ls.
(b) A reso luti on appointing Ed na Blair to the Englewood Code Enfo rce ment Adv iso ry
Cornnlinee was considered .
RESOL UTIO . NO . 90. SERIES OF 2000
A RESOLUTION APPOI NT ING ED~A BLAIR TO THE CODE ENFORCEMENT ADVISORY
COMMITTEE FOR THE CITY OF ENGLEWOOD. COLORADO .
COUNCIL MEMBER BRADSHAW MOVED. AND IT WAS SECONDED. TO APPROVE
AGENDA ITEM 8 (b) -RESOLUTION NO. 90. SERIES OF 2000
Ayes : ounc1 l Me mbers Bradshaw. Wolosyn , Yurch1 c k.
Na ys ·
Absent :
The motion carried.
G ra zuh s. Bums
!':o ne
Coun c il Members , abholz. Garrett
(c) A re soluti on appo1ntmg Mam O lsen 10 the Engle wood Code Enfo rce ment Adnsor~
Cornnlinee was considered.
RESOL TIO 'NO . 91. ERI E OF 2000
A RESOLUT IO , APPOINTl;'\G MARTI OLSE:--TO Tl-IE CODE E:-.:FORCE \1 E:-.:T ADV ISO RY
COMM ITT EE FOR THE ITY OF E:-.:GL[\\'OOD . OLORADO .
COUNCIL MEMBER BR.\DSHA\\' MO\'ED. AND IT WAS SECONDED. TO APPROVE
AGENDA ITEM 8 (cj -RES0Ll'1'10N NO. 91. SERIES OF 2000.
Ayes : Coun c il Members Bradshaw. Wolosyn. Yurch1ck .
G razu hs, Bums
Nays : ~one
Absent : Counci l Members abholz, Garren
The motion camed .
9 . Public Hearing
No public hearings were sc hedul ed before Coun cil.
10 . Consent Agenda
COUNCIL MEMBER BRADSHAW MOVED. AND IT WAS St:CONDED, TO APPROVE
CONSENT AGENDA ITEMS 10 (a) (i) AND (iij, 10 (b) (i). AND 10 (cl (i).
(a) Approval ofOrdmances on First Rea dm g .
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Englewood Ci ty Coun c il
November 20. 2000
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(i) COUNCIL BILL NO. 8 , INTROD UCE D BY COl.,"NC IL M E~1B ER
BRADSHAW
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A BILL FOR AN ORDINANC E APPROVING THE RE 'EWAL OF AN INTERGOVERNM ENTAL
AGREEMENT BETWEEN THE CITY OF ENGLEWOOD. COLORADO AND ENGLE WOOD PL'BLI C
SCHOOLS WHEREBY ENGLEWOOD WILL PROVIDE ENGLEWOOD PUB LI C SC HOOL -WITII
VEHICLE MAINTENANCE .
(ii) COUNCIL BILL NO . 89, INTROD UCED BY COUNC IL M EM BER
BRADSHAW
A BILL FOR AN ORDINANCE APPROVING THE RE NEWA L OF AN INT E RGOVE R:-.J 1vt ENTAL
AGREEMENT BETWEE N THE CITY OF ENGLEWOOD , CO LO RADO AND THE C ITY OF
SHERIDAN, COLORADO WHEREBY ENGLEWOOD WILL PROVID E THE C ITY OF S H ERID AN
WITH VEHICLE MAINTENA NCE .
(b) Approval of Ordinances on Seco nd Readmg.
(i) ORDINANCE NO . 84. SERIES OF 2000 (COL'NC IL BILL :s;o . 7.
IN T RODlXED BY COUNC IL MEMBER GA RR ETr)
AN O RDI NA!'sCE APPROVING A, INTE RGOVERNMENTAL AG REEMENT WITH COLORADO
STATE NI ERSITY \CSU) FOR TH E COOPERATIVE RES EA RC H PROJ ECT ON LA :',/D
APPLICATION OF SEWAGE BIOSOLIDS ON DRYLA ND WHEAT.
I c) Resolutions and Motions .
(1) RESOLUTION NO. 92. SERIES OF 2000
A RESOLUTION APPROVING AN IN C RE ASE IN BE NEF ITS FOR T HE RETIRED POLI CE
OFFICERS.
\' ote rnults:
Aye s :
Nays :
Absent ·
The motion carried .
II. Regular Agenda
Coun c il Members Brads haw . Wo losyn. Yurchick.
G ra zuli s. Bums
No ne
Co un ci l Member 'abholz. G arrett
(a) Approval of Ordinances on Firs t Reading .
There were no additional items submitted for approval on fir st reading . \See Agenda It e m 10 -Conse nt
Agenda .)
(b) Approval ofOrdmances on Second Readmg .
\i ) Director Ro ss discussed the council b,11 amending the C it y's Right -of-Way
ordmance. He advised that this item was not included on the onsent Agenda because they thought
Council Member Garren would have to excuse himself from vo ting . Since he ""a s not present thi s evemng.
n was not an issue . He reminded Council that the pubhc heanng for tht s ordinance wa s condu cted on
November 6"', with two telecommunications companies express mg concern about the proposed right -of-
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Englewood C uy Co uncil
No\'ember 20 . 2000
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"') ord inan ce He sa id he felt 1ha1 our legal co un se l. Ken Fellman. did a 1emfic Jo b o faddrc ss mg 1he
, sue that were raised . Mr. Ross a,d he wa \'ery plea sed wnh resuhs ob1a 1n cd b y 1ry111 g 10 \\Ork pro-
acll\·e l) wnh the teleconunu111 c a1ions co mpan,es. and he expressed co nfidence 1ha1 th1 s ordinan ce "ould be
the basis for almost e\'ery other mu111 c1pal11y 111 the Den"er metro area . a th ey go th rough their 0 \\11 nglll-
of-way ordmances to bring th e m up to date and 1ry to addre ss some of tlw ,s ue , thai 1he
Telecommumcauons Act of 1996 ha s posed for c u,e,.
COUNCIL MEMBER WOLOS\'N 1\10\'ED. Ai\D IT WAS SECO:\DED. TO Al'PROn: AGE:\DA
ITEM I I (b) (i). COUNCIL BILL NO. 40. ON SECOND READl:-.:G.
ORDINANCE NO . 85. SERIES OF 2000 (COUNC IL BILL '-:0 . -1 0. l'.\'TR ODL 'CED 13Y O L''.\'Cll.
MEMBER WOLOSYN)
AN ORDI. ANCE REPEALING TITLE 11 , C HAPTERS 3(A). 3(13). 3(C). A'.\'D TITLE 12 . C HAPTER -1 .
AND C REA TI NG A 'EW TITLE 11. C HAPTER 7. ENTITLED "C ITY RJ G HTS OF \\'A Y -P ER,\IITS
AND REQU IREME TS". OF THE ENGLEWOOD MUNICIPAL COD E.
Vote results:
Ayes :
ays :
Absent :
The motion carried .
Co uncil Members Bradshaw. Wolosyn . Yur hi ck.
Graz uli s. Burns
No ne
Co un ci l Members Nabhol z, Garrett
(ii) Director Gryg k" 1c7 . F inan ce and Adm1111 stratl\ c Sen 1cc ". d 1 rn,;ed J rnunc il
bill amendmg Tule 5. C hapter 26 of the Engle\\ood Mu111 c1pal Code pc rtamm g to Ira h hJukr lie
advised the ordmance would c hange the tra sh hauling da )S. pennnung pi ckup on '.\1 onda ~, Jnd
Wednesdays. except for mi ssed runs and bad \\Cather I k ,aid there"" a re4ue,1 at 1lw bs1 nw,·1111 g 10
contact those haulers who are c urrentl y li censed 10 c hcd , "uh th,·m about an~ problem, the~ hJd I larold
Stitt. ofCommu111ty Development . c he cked '"'h 1h e fi,e cu rnpJ111e, JO I uni ) 1'1 0 l)i,pu,JI hJd J prubkm
with it, in that the y were not s ure ho \\ man y cus tomers !h ey ha d ,n th e C11~ o l b1gk\\Ood Ot her lh J n lhJt.
he said. the other haulers support the o rdman cc and" ill be able to \\Ork "1th 11
Ma yor Bum a,d one reaso n 1h1 s \\3S postponed la s! ume \\as tha1 Coun ii "as told there \\ere ,nme
scmor c1 t1 zens who were being g iv e n a di scount '.\Ir G ryg lc\\lCZ ·a,d 1ha1 \\as Qua ht ). and Quall!)·
re s pom,e to our 111qu1~ \\aS that the ) Slrongl) s upp o rt thi s ord inan ce '.\1a yo r Burns a ked 1f. 10 o ur
kno" ledge . any se mors would lose th eir di sco unt s or ab,hty 10 a 4uire 1hose be cause of tlu s c hange . \fr.
Grygk \\ 1cz said the y s hou ld 1101 see Jll) change.
Mayor Burns felt that a lot of people though! the) \\ere l11111ting the number of earners 10 t\\O e arners. and
a lot of people were confused by that. We are not doing that at all. he asserted . We are JUSt tr ymg to Imm
the number of days to have the carriers on the street. The oth e r rca on . he said. "as 1hat 11 "'s \'lrtua ll )
impossible to enforce our ordinance regarding when you are allowed to put tra sh o ut. w11hout havmg
certain days in which trash collection could occur. be ca use Code Enforcement could not tell whether
anyone·s trash was being put out at the right time or not, he sa id . T here ha s not been an y nnent by Co unnl
to limit the choice by any ciuzen as to which ca rrier the y want , he advi sed. but. rather. II wa s to ge l more
structure in the days for pickup. Mayor Burns sa id he really wished to emphas ize that . b,·c au se th ere ha s
been a lot of confus ion about what thi s ord manc e 1s reall y about.
Coun c il Member Graz uhs conunented that 1he phone call s she re,e1vcd retkc1ed a pos 111\e rc,po nse. and
s he thanked Mr. Sun for contacting the earners . The o ne s who wi sh to part1 c1pat e w11h111 lngk" ood she
found to be wry favorable and !hey hke the o rd111an cc. She said s he ha s personall y s poken lO th e m .
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November 20. 2000
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\llayor Bums asked 1f Pro D1spo al wa t1ll lookmg 11110 whether the y can do thi s . \llr. Gr)gk,\IC/
responded that they have not detennmed that they w,11 not provide sern ce. but they are look111g at th e n
options right no\\. T he) \\OU ld like to serv,ce the C tt y of Englewood, he said. but. at the present 11me . the~
are not sure ho\\ many custo mers th c) a tually have m the city proper because of the zip code . A lot o f
them are m unm orporated Arapahoe ount).
Council Member Bradshaw aid a lot of their customers are m Centennial now.
Mayor Bums felt they would find that a lot of their customers are simply not affected by tl11 s ordmancc
Mr. Gryglewicz agreed . adding that mo t people would not notice any difference .
Mayor Bums said, as with any ordinance . Coun 11 ,nil watch and see what happens and" lwther tt 1s
effective or not. He felt II wa s a construcll\ e hange. at least to try. Our Cod e Enforcement Ad, 1sory
Conumttee has \\Orked for )ear, on the 4uc:s11on of trash pickup and ho\\ II shou ld be done Judgmg fr o m
our Study Session with them. they \\Ould like u s to go funher. he opined. but thi s 1s JUS ! a fir st s1,·p m
gettmg a little bit more o rgamza11on 111 the tra h p1,kup
cou,c1L MEMBER BRADSHAW '.\10\'ED . .-\,D IT WAS SECO'-DED. TO APPIHl\"E
AGENDA ITEM 10 (b) (ii)-COl'NCII. BILL ,o. 74 ON SECOND READING.
ORDINANCE NO. 86. SERIES OF 2000 (COC:'IC IL BILL NO . 7-1. INTRODL"CED 13Y COL '\CIL
MEMBER BRADSHAW)
AN ORDINANCE AMENDING TITLE 5 . C HAPTER 26. SECTION 4 . PERTAlt'\ING TO
DESIGN A TED CO LLECTION DAYS .
\'ote results:
Ayes:
Nays:
Absent :
The motion carried.
Counc il Members Bradshaw. Wolosyn . Yurch1 c k.
Grazulis. Bum
None
Counetl ~!embers Nabholz. Garren
Responding to Mayor Bums. Mr. Gryglew1cz sa id thi s \\ 111 be effi:ct1ve when the haukr, ren," their
licenses at the beginning of 2001. in January.
(c) Resolutions and Mouons .
(1) Director Ro ss pre e nt ed a recommendalllln fro m the Deparunent uf Public
Works 10 adopt a resolu11on cstablisl11ng a Ri g ht s-of-Way Permits Fe, Scheduk . Coun c il Just pa,sed a ne "
n g ht s-of-\\ay o rdmance that repeals th e o ld ord inan ce, he ad\'lsed . All th,· tees "e coll ec t for \\Ork bemg
done 111 the public nghts-of-\\ay \\Cre se 11111hc chapters that \\cre JUS! repealed . We an: 110\\ a,k,ng
Council to approve the rights-ot:way fee resolu11011 . he sa id . The li:es \\ere last re v ised m 19 8 5. he
advised. and the y did not come close to recO\'enng o ur cost ofmanagmg our nghts-of-\\a y. The fee s haw
been increased and we have inserted a provis ion where we can charge the actual amount ofstaff11me that 1s
spent to process pemuts . When we are working closely with a telecommunication provider that ,s go mg all
the way through tow11. we will spend tens to hundreds of hours, trying to come up with an alignment that
works for them and for us . he advised. so it will help us greatly to recover some of those costs . The G reater
Metro Telecommumcat1on Consortium ha s recommended additional fee s and charges. such as degradatio n
fees and fees that cover the disruption cost to the public for using the rights-of-way. We are not
considering the fees at this time . he said. Key West Communications has taken the City of Denver to coun
over some of the fees the y charge. so we thought it would be most prudent to wait and see how that court
case turns out, before we proceed with any addi11onal fees , he said .
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:'llovember 20. 2000
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Council \1ember Bradsha" conunented that thi s \\3S long overdue. and expressed her apprcc1a11on to \Ir
Ross for hi s efTons h 1 1101 a moneymaking proposition for the C ity. by any means . she sa id . It I JUSI to
help us kno" "ho 1s d1ggrng up o ur rreets and what condition they have Jell them m.
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Council Member \\"olosyn a ked \\hat .. 11y asphalt patch u111t cost'" refers to . \1r. Ross said the C H)
crews do the a phalt pat c hmg. o that I the unit pn e that the C 11 y charges for that. ·n1e) go ahead and
restore the cut . and then th e C11 y .-re"s will do th e pat chmg. The ) are ver) particular about th,· ,tr,·e1> h,·r,·
m the City of cngle"ood. he commented. and we feel we do a lot b"ner JOb than 1f "" had a bunc h of oth,·r
aspha lt patchmg cre\\S commg m and trymg to do that work . So tlu s 1s the umt. per ,quare foot rn,1. th Jl
we charge.
Cow1c 1I \1ember Wolosyn a ~ed abou1 the ··gravel a lle y cut fre .'" Mr. Ro ss responded that. typicall y. th,·)
will d,g a t\\o-foot trench man alley. and. after the y are all done. we have to go m and re grade that cnllre
alley to get II hke 11 \\'a before. o this recovers a pon1on of our cost for gomg back m and makmg sure
the alley d1ams proper!} and \\Ork proper!) agam .
Council Member Yurch1ck asked 1fmost of these companies arqust passing through. or 1fthey are
providing the service to ngle\\ood. \1r. Ross responded th at. up unt1l th1s pomt m lime. our ci ti zens were
the customers of the people \\ho ha,·e been tearing up our streets . "low we are seeing a brand ne" batch of
compames that are . basicall y. JUSt gomg through I0\\11 and us mg the n ght s-of-wa) as a means of gemng to
their customers. but their us tomers are not our c111ze ns.
Council Member Bradsha\\ a ked the clerk to ass ign a number and read the re solution b y title .
RESOLUTIO r-:o . 93. SERIES OF 2000
A RESOLL 'TIO-.: ES I . .\BU '111!\G FLE FO R nu-E~GLE\\"OOD \1 U:>:IC IPAL CODE TIT! I: 11 .
CHAPTER . '"C ITY RI ,IITS OF\\' Y PcR.\11TS A:--D REQCIREMENTS I THE C ITY OF
ENGLEWOOD. COLORADO'"
COUN('IL ~IE!\IBER BRADSHA" ~IO\"[I>. A~D IT\\ A~ SECO~OED. TO Al'PRO\'t:
AGENDA ITEM 11 (cl (i) -RESOLl'TIO' '.\O . 93. s•:RJE S Of' 2000 .
Ayes Coun II \I ember, Brad ha\\. \\'olOS)11 , Yurch"·k.
Nays.
Absent :
The motion earned .
12 . General Discussion
(a) Mayor 's Choice
razuh,. Bums
:>:one
oun 1l l\1 embers :-.:abholz, Garren
(i) Mayor Bums advised that , on Friday, the Metro Mayors· Cauc us was held . for
the first time, in our Conununity Room. We had about fony people here, between mayors . DR COG peopk
and CML, discussing topics like growth control leg1 s lat1on and what is gomg to happen m the Legislature .
There are consoniums of people gettmg together and the aucus wants to be an active group. he sa id . The
Governor is pushing for growth control legi s lation and , wuh the failure of Amendment 24 at the poll . 11
will be back and may indeed be leg1s lauon thi s year. he said . The Caucus \\ants to become active ma
variety of areas that concern the metro area, he advised . We talked about air quality and , also, our
chairman, Don Parsons, the Mayor ofNonhglenn. attended a meeting in Frisco on water issues in the state ,
where the water really comes from and where those reservoirs are. and what the big issues in water arc .
This ,s the first time the Caucus has gotten involved 111 that kind of a meeting, so that is another issue , he
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sai d. This 1s a very active group o f ma yo rs and Mayor Bums felt we \\Ould be heanng from them regular])
1112001.
(11) Mayor Bums complimented Code Enforcement . The report for October shows
the highes t number of wammgs or c 1tat1ons e,·er. He felt they were domg the JOb Council asked them to
do. which is to reall y step up code enforcement. and at the same time, educate the public about the different
requirements in our code .
(iii) Regarding a report from Kate Newman. of the Keep Englewood Beautiful
Commission, concerning the House hold Ha za rdous Materials Roundup Report . Ma yo r Burns sa id 1l
appeared to be very successful. He said a lot of different components were picked up o n eptember 9'" and
16"'.
(1v) Mayor Bum a,d. la st \\eekend . he accompan,ed the lad y 111 l11s life . Karen
Sussman. to Alaska where she was the ke ynote peaker to the Alaska Murnc,pal League 111 Jun eau . She
had con\'inced them. smce he "as a ma yo r. to pa y h,s "3Y up there so they could partner 111 the
presentations . We had two presenta ti on on Monday on team bu1ld111g and communny 11n·olvement. he
sa id . Pauletta Puncerelh was good enough to g,ve him ome overhead s. he sa id . on all the different "a~s
that Englewood participates wnh th e publi 111 ,anou types ofactn·n,es . It went over ,ery \\ell . he op111ed
He said he also took a film of Channel 4 · re \le\\. a,red a couple of "eeks ago . o n the C nyCe nt er It "a
done . unfortunately. during the ~1onda y mght foo tball game so he" as not sure ho" man y peo pk a\\ 11.
Even if you are m Juneau . Alaska . he aid. )OU an ge t the cro"d c ranked up about thi s deve lopment by
showmg them a hnle film about 11. They reall y got k111d o l ex ned about" hat we a re do111g do " n here. lw
sa id. just from that short piece and the de».:n pllon ofCnyCemer. We pla y \\ell. \\hereva "e are. he sa,d .
so it was a great experience and Engk"ood got a good deal o f pub limy 111 a far -a"ay place .
(b) Council Members · Cho, e
(i) Counnl '.\1 ember IJrads ha" ·
I. She said. regardmg the Annual House hold :'vlatenals Roundup. five and a half tons of ha zardous
material s were picked up , according to the report . This "as a co mbmat,on Englewood and Lmleton
program and it was very successful.
2 . She recalled that. a couple of months ago. she asked about park mg pemllls . Director Grygk" ,c,
advised that there would be decal s for the rear car windows . and the y sho uld be a\'ailable by Wednesda y.
Those will replace the hangmg tags . He said th ey did no t realize n \\Ould take so long and 1t 1s ac tuall ) th e
numbenng of the decals that is dela ymg it.
Co un ·,I Member Brads ha\\ thanked Mr. Gryglew,cz for 111 s efforts .
3. Ms . Bradshaw directed the City Attorne y ,o draw up a re oluuon to appoint John Roberts to the
ode Enforcement Advisory Committee .
4 . She sa id sometl11ng sad 1s happenmg 111 our ,tat e . It ,s the eros ion or lottery fund s for open s pace
Ongmally. when the lonery was created. 11 was fitiy-fifly , with fitiy for pnzes a nd lift y for park s and
recreation . She said ifwe are lu c ky. we will ge t twe nt y perce nt from th e Con senauon Trust Fund that \\e
depend o n for mone y for outdoor proJect s. She felt n would behoove everyone to contact their sta le
legi s lators and let them knO\, what ,s go mg on . The eompos1t1 on of that board ha s c han ged cons1Jerabl , 111
that mne appointees were from the gove rnor's office .
Coun c il Member Grazulis asked where that ot her thirt y percent was gomg . Ms. Bradsha" said 1l was gomg
to other programs . One of them ,s to pa y sa larie s for people in the Divi s ion of Wildlife , which should be
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commg out of the state budget. She said there "as an ednonal m the Po st about that . but 11 1s even more
ms1d1ou s than that. Ms. Bradshaw said she would tr y 10 ke e p Counc il appn ed of what is going on. but 11
will take all of us sa ying that they cannot do that. TillS wa s a pronuse . and we passed the lottery to put
rec reation programs in and we are gening les s than half of what we \\·ere promised . It 1s ludicrous that thi s
1 bemg allowed to happen. she said, but when yo u ha\'e an appomted board. whoever is 111 po\\er appo mt s
and directs "here the mone y goe s.
Ma yor Bums a sked if she \\Ould ltke the C ny to send a letter. Ms . Brad shaw felt a letter \\OU)d be le gal
and a good idea .
5. She wished e veryone a very happ) Thanksg l\ mg .
\ii) Council Member G razult s :
I . She expressed concern about some properties around town that are e nher fo r sale o r aband oned .
They include the sporadically open gas station 111 the 4 700 block of South Broadwa y. "h1c h ha s not bee n
open for about a month . She said she wa s conce rned wnh what they plan to do "nh that prop<rt ). be <:au se
there are gas tanks in the ground there . Another property . she belie ved it wa s 39 75 South J3 ro ad"a . \\here
there wa s fonncrly a tattoo parlor. It ts for sale , she said . and the O\\ller next door wanted to bu ) II but 1s
strapped at the moment. Thi s is the owner of the March Hare and she does not \\'Ish for II to be a tatt oo
parlor.
Council Member Bradshaw said, if the property sell s. that does not go with it an ywa ) ~1 s Gra ,ult, asked
if the grandfather Jaw would apply. She felt it would be a good opportun11 y to do somethm g el se" 11h tha t
property.
Ms . Grazulis said the old Goodwill bmlding. since they are moving. will lea, e an othe r large p1 op,·n) open
on South Broadway. Council Member Bradshaw said n ha s already been sold.
Ms . Grazulis advi sed that the Office Depot lot ha been sold. but s he did not kno" "hat th e 1111 e n11 un,
were . but would hke to know what 1s going 111 there. or "hat their ideas arc .
2. She said there was a 1111 and run on a wh1cl e J USI ne xt to her <:ar o , er th e \\Cc kcnd A no 1c \\a, ldi
on the car from our police depanment stating the y belie, ed 11 "as 111\ o h ed 111 a 1111 and run T hat "J> 1he
onl y contact made. she said . It wa s at 3 :00 a .m. Thes e peo ple are al so , 1c 11111s. becau se 11 1cndc 1ed th at car
useless , 1t was owned by someone who needed 1110 go to work . She asked "hat t)l>e o f fo ll u\\·Up prug rJ rn
there was, because the detecttve said there 1s usuall y no wa y 10 ever find out wh o did 11. he sa id th ere
were pieces of the other car all over the ground . you could tell the color o f11 and there wa s an entire
window out of 11 . She asked if there could be a follow-up to body shops for ,fa car goe s m mat chin g so me
o f the damage . Ms. Graz ulis said this type of crune ha s happened to her before and you feel totall y
helpless . Of course. he had liabilit y only. so the ca r 1s go mg to s ll no w 111 their s ide lot. She felt 1t wa s at
450 I South Lmcoln . The detecttve said there wa s probabl y nothmg that would ever be done about it and
that leave s everyone cold. like no one 1s even trym g to look . There seems to be a lot of sideswipes going
on , and people drivmg off. she said .
Mayor Bums said you sometimes get hit when you arc just sitting at a stoplight.
3. She said she would like to make a comment about the microphone m the second flo or Commun11 y
Room. Last Thursday, we had a program for the Englewood Historical Society, she said , and that
microphone was absolutely hideous . It was in and out . and 11 was a paid . profrss ional program. and 11 "as
a good thing she had a loud voice . lfwe cannot fix this. let 's get something new. she said. Tonight 1t
sounded good . she allowed , but that was the first time in a long time .
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Novembe r 20. 2000
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4 . S he s uggested o un c tl m1g h1 se nd o me1hm g 10 :sl ick :S:abhol 7 >1 nt e lw i, s1tl l lee lin g batll )
Council Member Brads ha " fe lt a ba ke1 \\Ould be a ppro pna1 e . 11 y Ma nager Sears said th ey ha, e tJkcn
food pre vious ly. "hich 1s reall y he lp ful. M . Gra z uh s s ugges 1ed a to y o f ;ome k111 d \1 r Sear sa id 1he
staff ha s been real good . the y gave him a stree1 1gn ,\Ith :S:ab ho lz on 11. and Pu b li c \\'o rks and Park an d
Rec reau o n ha\'e g1wn him things a bout Eng le \\·Ood and \\e will co 111m ue to do th at. \1 s . G ra zu l1 · said 1ha1
is great and thank ed htm fo r that.
Ma yo r Bums said he sa w hnn 111 the Libra ry la st we e k and he looked pre ny good . He ,ai d he was rea ll y
sorry to hear he wa sn 't frt'l111 g \\e ll ag ain .
5. She told lnfom1a11on S peciali st Ho ffhm cs that s he had do ne ve r) good \\Ork o n th e c a le nda r and 11
turned out wonderfull y. T he tum aro und ume fr o m when we chose th ose a nd "he n II ac tu all y ca me ou t 1s
astronormcal. She felt we need Ms . lfoffhme s fo r a ll of o ur tlun gs that "e need good u mmg o n.
6. Regarding th e hazardo us n1at ena ls that we re coll ec ted . she a,d s he had notic ed 1here "as newr
any pi c kup for any poisonous material s . She asked 1f we eve r do an>1hm g \\1th th at. a s she kn o" SC\'Cra l
households jus t ha ve ti s ining 111 the tr house beca use th ey do no know what to do with ti.
Director S nnpson. Commum t) De,elopment. staled 1h at "e ha ,e acce pt ed po iso ns a c o up k of 11 mes m 1lw
past. It is not a li sted ll em. ho "e,er.1)1J1 "e ryp,call ) accept. Ms G razu li s sa id. the nex1 tune II co me up .
she would like to kn o "
(111 ) C o un ,·tl '.\1ember Yur cht ck said he enJu)ed the art ,ho ". b1111\3> d i,J p po1 11 1ed
because he did not sec a repr<'."St·nt all\C fro m \I O A here . I hq to ld u, 1h,·) \\t·re go tn g to b,· hcJ , ti )
involved wtth the conununt1 y. a nd thi s 1; o ne u f 1:ng le \\OOd . pre nu e r C\'t'nt S. J-J e s a id he \\Oul d hke 10 so,·
them more mvo h ·ed next yea r . rna ) be "tth po n,or;h,p an d some pnzes .
Counc il Member Bradsha" sa rd she JUS I ga ,e ymh,a \1adden th e cale ndar toda ) at I :00 p .m .. and she ha d
not se en 11 . Mayo r Bums sard 11 so und s lrk e th e) d idn 't rea lr ze "ha t "e we re do mg. M s . Brads ha " sa,d
M s. Madden JO\ ed the a le ndar. bu 1 her fir s1 ,mroductton to 11 was at I :00 p .m. toda y. so n1a ybe we need to
clean up that co mmunr ·at1o n pte e
\tv) Coun c il Member Wo lo syn :
I . She commented o n Coun cil Request :S:o . I 9 regarding noise barrier ane nuati o n c nte n a. "htch
wa s inittated some time bac k by a citizen·s mqull'y abou1 th e Cit y 's pamc rpa1in g 111 the cons tn1 c 11 0 11 ofa
sound wall on the north s ide of Highway 285 . The Co un ci l re qu est sec tt on o f the pa c ke t sta te s 1hat
Director Ross prepared a draft ofa noi se anenuat,o n po lr cy that in c lud es a di sc ussio n of po ss ibl e C 11 y
participation. S he asked if thi s could be put o n a S 1udy Se s ,on age nda so me1ime 111 the future 10 di scuss 11
in more detail.
2 . Foll o win g up fr o m a wh ile bac k. Ms . Wolosyn ad\'1se d that th e C ultura l Art s Comm,ss ,on had
re quested fund s fr om the C iry Att ome y's budge 1 to he lp pay fo r a non-pro fit coun se l to he lp th e Cuhura l
Art s Co mm1 ss1o n se 1 up a board to gove rn th e co mrntll ce ex pl onng the fo as 1b1lrry of a c uhura l an s cent er
Al th e ttmc . C iry Anomey Brotzman fe h 1h,· cos1 \\Oul d be und er $10 ,000.00. a nd further re sea rc h shu\\ed
11 wi ll be approxm1atel y $5.000.00. she said . Afte r 1111 e rv 1e w111g some lawyers . s he sa ,d th e o ne th e y c ho,,·
feh the c o st wo uld be between $3 ,000.00 and $5.000 .00. and she "as asktn g fo r a fin a l a ppruva l uf 1ho,c
funds .
City Anomey Brotz111an said the a nomey chose n wa s Gregory Kanan of Roth gerbe r. Johnson a nd Lyo ns .
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Englewood City Counci l
November 20. 2000
Page 12
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COUNCIL MEMBER BRADSHAW MOVED. AND IT WAS SECONDED. TO APPROVE H 1 'DS
IN THE AMOUNT OF SJ.000.00 TO SS.000.00 FROM THE CIT\' ATTOR'ljE\''S BU DGET TO
RETAIN AN ARTS COUNSEL TO SET UP A SOICJ NON-PROFIT TO GOVER" THE
CULTURAL ARTS COMMISSION EXPLORA TOR\' COMM ITTEE FOR A Cl'L Tl'RAL ARTS
CENTER.
Ayes :
Nays:
Absent :
Counci l Members Bradshaw, Wolosyn . Yurchi c k .
G razuhs. Bums
None
o unc il Members Nabholz, Garrett
The motion c arried .
3 . Council Member Wolosyn commented that she enJoyed C ouncil Member Garren ·s p ie ce 111 1h e
Citizen.
. ....
Council Member Bradshaw mentioned they had the fina l meeting on the amst for the a n wa ll toda y . She
said she is really excited about who it is going to be. It is not the art wall. she corrected. but the park111 g
structure for the Alexan. This 1s a reall y well kI10\\11 artist and he 1s a wesome. but. until we lei 111111 knO\\.
she said she could not let Counc il know.
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Mayor Bums wished everyone a very happy Thanksgivmg.
13 . City Man11er 's Report
(a) C ity Manager Sears thanked Counc il for letting him attend th e session la st "eek 111
Enunitsburg. He felt II was a good sess ion and gave h,m a chance to see how the count y relate, 10 th e ll)
of Englewood and the other ciues as they put together emergency plans. He said he wa s go 111 g to put
together a report. along wnh C hns O lson . J,m Ulnch and Don Schoenbein. He said 11 "o uld be g iven to
Council and to the news paper. as he felt 11 was helpful for networking purpo;es and ome o the r th111g ;.
(b) C ity Manager Sears said he received a call from Laun C lapp today. She 1s 111tere,1ed 111
doing an Internet votmg program. He said he asked her to send som e information about 1ha 1 10 Council
She ha s spoken to Direc tor Long 1111he Library abou111. he ,a ,d . and he '"II kee p Counnl 111fonned ,r1he1 e
is some legislation next ye a r. He sa id he ha s no t yet se en anyJh111g . and he iold Ms C lapp he "util d ma~c
Counci l aware of ii.
(c) Ci ty Manager Sears sa id we were fo nunate 10 haw Susan Werntz m 1he aud,enc,· 10111gh1
She is the newes t staff member 111 the City Managers o ffi ce and he> said he wa s reall y exc it ed 10 have he,
here. He said it is delightful to have her at the fr o nt desk, and she 1s really domg a s uperb job.
Mayor Bums said he could vouch for that. Susa n 1s most pleasant to \\Ork "~t h , he said.
(d) City Manager Scars said there \\OUld be a Study Session next week to talk about a real
estate matte r and a proposed ordmance.
Council Member Bradshaw said the y could al so beg m to address the goals that Mr. Sears had sent 10 th em.
The number one goal , she said, is the rcvitalizat,o n of the bus messes .
14 . City Attorne~·'s Report
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Englewood Ci ty Council
November 20, 2000
Page 13
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C ity Anomey Brotzman did not ha ve any maners to bring before Council.
15. Adjournmenl .
MAYOR BURNS MOVED TO ADJOUR.~. The meetmg was adJoumed at 8:42 pm.
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,fu-1,. ~ a.&
Deputy City Cle
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:\GE D-\ FO R THE
REGL'L.-\R \\EETI G O F
T H E E'-JGLE W O O D CIT't CO L i'.CIL
1\ION DA Y, '-0\/EMB ER 20 , 20 0 0
7:30 P.1\\.
Englewood Civi Ce nr er
1000 EnJe\,ood PJ rkwa,
Eng le \, ood. CO 8011 0
1 . Call to o rd er. 7 . <I? frlY7
' Im oca ti o n . .bl v ?./Y
3. Pled ge o i ·°"ll eg ian ce. {;t,&)./)lG
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J ~"'' rinutes.
~ [c a . Mi nute fro m the meeting o i Re gular Citv Co un c il ,\.lee rin g o f :s.i O\em er . ~000
5·0
6. he u led isir o r . ,Please l im i t o ur p resenta tion to ten minutes.) (L)
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Ln c hed y le d V isito rs. (Please limit yo ur p re entation to ii,e mi nutes.,
~-f~-~M7tl . ~c,ul .u~~ -l?f¢n7~~1ck.~~~d±
Coduti u n 1ca ti o n , Procla mati o ns. and .>..ppo,ntm ents. /
/ a . C i Co unci l w i ll recognize the studen ts ,h o<e ar ,o r was c hose n fo r he 2001
Engle1, ood Ca len da r .
.i.. resolunon pp oi nt mg Edna Bla ir o the En lei, oo (;)de Enfo rce m ent • .i..dvi ,orv
C o m m itt ee .
.i.. reso lutio n appoi ntin g Marti Olsen to he En "lew ood Co d e Enfo rceme nt .>..d1 i ·o r\
Co mm ittee.
Please note : If you have a disability and need auxiliary aids or services. please notify the City of Englewood
(303-762-2405) at least 48 hours in advance of when services are needed . Thank you .
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Englewood Ctv Council -\gentla
'Jovember 20 . 20 00
Page 2
9. Public Hearin::-.· 1 '-.one sc 1eduled l
10. Co nsen t .l..::,en a .
b.
.\pp ro, al o i Ordin dn ces o n Fi rst ReJdin _.
i . COL '<CIL BILL ,o. 88 -Re com mendat ion rom tht> De anmenr o i Public
v\ o rl-.s o ad o ta bill io r .:in o r in .:11 c~ J pro ,in·~ :in lntergo, rnme nra l
. .i..,,r emenr ,, 1th En°1e1 , ood Scn oo b i o r ,en1 cle mJ1nrenan ce. STAFF SOL.RCE :
Ken Ro s , Director or Publi c Works.
ii . COL '-.CI L BILL ,o. 8'? -Re co mmendJt1 on ·rom t he Ot.>partmen u r P lie
\\ orks o ado a bill io r an o rdinance appro, inu an lntenw, mm nral
.l..::,r m n with the Cit\ oi heridan 1o r , ehi Ir ma in tenan ce. STAFF SO LJ RCE :
Ke n Ro ss. Director of Publi c Works.
p ro al o i O rd inance on ec o nd Reading.
C•J uncil Bill ,o. 8 -, authoriz i ng .in lntergo'-rnmental .\gre ment '-' 1th
Co lor.:idn rare L n i, er,itv ior a rn ,)o,.,rari, research proJe ct o n land appl ic irinn
o i ·t>wa~e biosolid, o n df\land ,he:it.
c. Resolutio n and \.l ot ions.
i. Recommendati o n fr o m the Department o i Fin,mce Jnd .i..dm1ni ~t rati, Sen ic
to ad o pt a res ol uti n appro ing an i ncrea se i n ben ii;; ior Po lic O fii c r renree
en cti, e Ja n uJf\ 1, ::>O O 1 fo r hos;, retired a_ or Ja n uary 1, 1998. STAFF
SO U RCE : Frank Gryg le\\icz. Direc tor of Finan ce and Admini strative Services.
11. Re 0 ular .\genda .
a. . .\pprova l o i O rdinances o n Fi rst Read in°. f)
, ~i,r'l
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''..it1 ,t1 ,µ:--b. Appro,al o i O rd i nance s o n Second Reading .
L,L v-i ,,/l b• / -o ;.prf O :,/·~ ir.,, i. Co uncil Bil l 'lo. -.0, amending the Cif\·'s Rights-or-Vav Ordinance. :").e/l ~:::.~
Cou n cil Bill o. 7-+, amending Title 5, Chapter 2,,6 oi he Englewood ,\\un ici pa l
Code pertain i ng to trash hauler . '-::!~ x_!A.y J&.tu~
Resolutions and \.lotions.
Rec o mmendati on from he Department o i Public Works o adop t a r~
establishing a R1gh ts-o r-\.Va Permi ts Fee Scnedu1e . STAFF SOURCE: Ken Ro ss, ,
Director or Publi c Works.
Please note: If you have a disability and need auxiliary aids or services . please notify the City of Englewood
(303-762-2405) at least .is hours in advance of when services are needed . Thank you .
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Engle w ood City Co un ci l Agend a
November _o , 2000
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12 . Gene ral D is c ussio n .
a. M a or's Ch o ice.
b . Co un c il M embers· Ch o ice.
13 . City Ma na ge r's Repo rt .
14 . City .. ~tto rne y 's Repo rt .
Ad journm e nt. <g :</,c7 p,rr1
~ ~ motion for final appro al of City Attome) funds to
reta in an arts counsel to set up a 501C3 non-profit rela11,e to
the Cu ltural Art s Comm1 ssmn exploratory commmee for the ans
center ,n the amount of S3.000 to SS 000
Approved 5-0
Th e fo ll owin g m i nutes were tran mined to City Co un c i l betw ee n Nove mbe r 3 and 16 , 2000:
• Keep En glewood Bea utif ul mee ti ng of Septe mber 12 , 2000
• En glewood Pl ann i ng and Zon i ng Co mm iss io n mee t i ng of Se ptembe r 19, 2000
• Kee p En glewoo d Bea uti ful mee t i ng oi O ctobe r 1 1, 2000
• En glew ood Parks and R c reat io n Co mm is sio n mee t i ng of O cto ber 1 2, 2000
• En glewood Code En force ment A dvi sory Co mmittee -ot ice of Ca n ell ati o n o f the O cto be r 18 .
2000 meet in g
• En glewood U rban Renewal A uth o rity meet in g of O cto ber 25 2000
Please note: If you have • dlubillty and need auxiliary aids or aervicn, please notify the City of Englewood
(303-762·2405) at least 48 hours in advance of when aervlcH are needed. Thenk you .
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[:-,iGLEWOOD CITY COUNCIL
E~GLEWOOD. ARAPAHOE COUNTY. COLORADO
I. Call to Order
Regular Session
November 6, 2000
The regular meeting of the Englewood City Council was called to order by Mayor Burns at 7:36 p.m.
2. Invocation
The invocation was given by Council Member ~abholz.
3. Pledge or Allegiance
The Pledge of Allegiance was led by '.\.1ayor Burns .
4 . Roll Call
Sa
Present :
).~:
Council '.\•!embers ~abholz. Grazuhs . Ga rren . Bradsha". Wolosyn.
-~rchick. Burn s
A quorum was present.
Also present :
5. Minutes
None
Ciry :'vlana ger Sears
City Anorne y Brotzman
City C lerk Ellis
Director Ros s. Pubhc Works
Director Gryglew1cz. Fman ,al ernces
Duector Simpson . Community Development
(a) COUNCIL MEMBER BRADSHAW MOVED. A.'ID IT \\'AS SECONDED. TO
APPROVE THE MINUTES OF THE REGt;LAR CITY cot:~CIL MEETING OF OCTOBER lb.
2000.
Council Member Nabholz explamed that she would be abstammg from votmg as her son wa in the hospital
and she was unable to anend the October 16'" meetm g
Vote results :
Ayes :
Nays:
Abstain :
Motion carried .
6 . Scheduled Visitors
Council '.\!ember Garren. Bradsha\\·. Wolosyn . Yurch1ck .
Grazulis , Burns
None
Council Member Nabholz
(a) Ron Trujillo advised that he 1s an employee of the City of Englewood Golf Course . He
noted that he has been workmg at the Golf Course for about six years and about two years ago Jerrell Black
hired Bob Spada. He said the first thing he noticed about Mr. Spada was that anytime we had a problem he
would jump on it and take care of it immediately . It didn't maner if it was a problem with the carts. an
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No,ember 6. ~000
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ind1v1dual or whatever. '.\,tr. Spada j umped on it immediately. Mr. TruJtllo said he staned u bsef\ 111g him J
httle better and noticed that he did the same thing "'ith the other employees. He said he kmd o f felt that
when yo u get somebody new tn management they are gomg to clean house. as 1t has been his expenence 10
have that happen. But wnh Mr. Spada II was different. he kmd of sa t back and looked and 11011 ed "ho ":i,
domg well. who was not doing well. what was good for the co urse. what was bad for the cour,c. that on of
thmg . It took some time . but he staned 10 make some changes. It 1s a cardinal s m 10 pla y six hours of golf.
he said . You don·t have that at Englewood Jnymore. almost everybody gets out of there m four. four and a
half hours .. ti,e hours at the very most and that ts because of~l r. Spada . He has made changes 1n the
attitude o f the people who are there . You do11·1 ha,e the c rank y old menJumpmg o n lmle o ld la die s
anymore telhng them to obey the la"s and the rules of the land . He has made C\'er 1onc thae J\\Jre o f
custo mer sef\·1ce and pubhc rela11ons . A good example 1s 10 JUSt hsten 10 ,omebod, an s \\ert ng the ph one
They say .. Englewood Golf. this 1s so and so, ma y I help )OU·· \1r Spada ha s made e,er,one mo re J\\are
of customer Sef\ tee . '.\,tr. TruJ11lo advised that he has no11 c ed the peup le that are "orkm _'. toge ther Jrc more
content and there 1s not as much inner bickering as there wa s. 1 ·m sure ever, JO b ha, that . he aid . He
stated that he JUSt thmks \'1r . Spada has done an outstanding Jo b . he · made a v. ho k bunch o f .:h an ge fo r
the better Ac ountab1ht) 1s ano ther example. '.\,tr. Trujillo said he JU t s1an ed upstair, 111 the pro sho p 1h1 s
year At o ne pomt everything was run from the beg1rmmg of the mommg unul the mo ne, \\JS che c ked out
at ntght. "1th different people corrung and going m bet\\een and there v.a no accountab th t) \1r pada
changed that . !\"ov.. v.hen yo u lea\'e you take an ac count of"hat you ha,e and balance o ut Peop le didn 't
hke II at the 11me. but '.\,tr. Trujillo said he thought II v.a great. that that v.a., a co untab1ht ) It has been
acc epted no" and people are domg it . Mr. Trujillo noted he 1s kmd of ,hooting from the hip here. as he 1
not a real good speaker. He advised that ~Ir. Spada I al o \\Ork mg o n so me co mputer s ruff 10 mak e 1t J 101
ea 1er to get people m and out of the counter. He said he ha s talked to \Ir Bia k before about \\hJt a fine .
outstanding job he thinks '.\,tr. Spada is domg . \fr TruJ1ll o ,ta1ed he \\Jnted 10 tell Coun ti \\hat an
outstanding job he thinks Mr. Spada has done, that he ha done "ell \Ir TruJtll o o pm ed that th111 gs are
going to get a lot bener. He stated that '.\,tr. Spada 1s a very de cent human bemg, to begin wnh. He · s a pam
m the fanny at times too. he said. but he · s a good man at hean and the iry s hould be proud of him for the
Job he 1s doing in Englewood. He thanked Coun ti for their ume. ounctl thanked \Ir. TruJtll o
\b) Debbie Guinther. of Cornerstone Books. ,tated ,he ha s med 10 edu her st:11ement o,er
and o>er agam to rry to take out the emotion and she Jpolog1zed. a he did not succeed a hundred per em
o plea se bear" 1th me . she said. M s . Guinther read the folio" 111g statement. Ju st as you ha, e had a , 1>1on
for what you \\anted C11yCenter to be m the bu>1ne ,ommun11, of Engle"ood. I ha,e al so had J, 1>1on
for omerstone Books . In nl) career. both m the non -pro tit \\Orld and no" 111 thc retJtl "orld. l hJ ,e been
comrrutted to the values of children. educauon. ,olunteers Jnd health . When 1 purcha,ed o me1>1one
Books I didn 't have a clue as to how I "ould be able 10 mcorpora1e these \Jlues 1ha1 1 ha,e \\Or ed 101 101
the pa st .. almost thirt y years now. It wasn ·t long before v.e began 0 1ga111Z1ng \\Ork hops. husted loc al
educators and nauonally known authors on a variety of different subJe cts . Volunteers eas 1l > ca me fornard
and so me are s mmg here m thi s room. which gave me the o pponunlt) 10 increase m,·entor1 IO meet the
demands of the co rnmuntt y Abo. through the efforts of the volu nt eers I \\aS able 10 dda1 the l11gh cost o (
hmng staff m terms of a ne\\ bu mess . Our book and mfom,auon centers have been a \'J )uabl e re source
for sc hool coun selors, therapists and local teachers . Smee we carry a thorough inventory of materials that
cover add1 c t1on s. abuse . blended farru lies, self-esteem. attention deficit disorder. hyperacuv1ty, etcetera. "e
are known as a resource c enter throughout the metropolitan area m helping adults and children deal with
these issues . And. finally . the store has evoh·ed into a re ource for materials on mental. ph ys ical and
spmtual health. These are core va lue s that l bel ieve you wi ll find m every independent busmess and
vinuall y ne,·er seem a btg box formula warehouse . Mentally v1s 11 suc h businesses as the Tradm · Post .
Kaufman ·s. Conme ·s stained glass business. Country Gard ens floral and tea room. LaPona . .\rt Gallery and
pick a lo cal independent gallery that yo u suppon and you can easily 1dent1fy what their val ue s are and "hat
the y bnng to thi s community. These businesses are what make Englewood unique and draw customer
here . Then look at what the core val ues might be for Wal-Man, Home Depot. Borders Books and Barnes
and '-ioble or any of the formulas and what is there conunitment to this commumty"' You. as a cus tomer.
v.ant exce ll ent service, knowledge of produc t. respec t attd suggested altemati,·es . These are also the va lue s
that you find m locally 0"11ed businesses. It is time to equalize the pla ying field for everyone. If yo u want
to presef\'t' 111dependent business and what makes Englewood unique . then th~se citizens have to take a
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Englewood C 11 y Council
November 6. 2000
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responsible pos1uon and n01 sub s 1d12e big bo ~. En gle"ood 1s landloc ked "1th .:o mmun111 e a ll around us .
this 1s nothing ne w. and if you c onunue to tak e \'a)uabl e land to ,reale an other formula box we los e o ur
uniqueness . Just yesterday, in convcrsat1 n at the booksto re. a cus 10 mer ,a,d. "I ,ome here to ,hu p fr om
Ken Caryl because my only choices ou t there are warehouses .. Ano ther argument for securing
independent businesses so the y are able to thnve and grow ,s referred to a s a mult,pher effect. Local
busine sses rely on local accountams. anorney . pubhc relations expens and marketing expens . A cham
tends to have the bulk of 11s book.keeping . ac counting. legal expemse and promotional work done at its
corporate o ffice . most of which are out of the commumty. Local bus iness owners tend to spend a
substanual amount of their profits m their communmes. while chain store profits go to the home offi ce .
One can see the mulupher effect when mone y ,s kept local to suppon loc al businesses . schools. servi ces
and the benefits ofrecirculaung momes througho ut the c onunumty. The plans to mo,e to C1t yC enter and
expand Cornerstone Books to become a more mainstream bookstore have been halted wnh the prospect of
Borders Books. They are reque sting exclus 1v1ty of the C1t yC enter Sile . Corners tone Book s ha s nego uat ed
a non-binding lea se with ~Iller \\'einganen to lea se s pace to include a full sernce new stand. more
fic uo1vnon-fict1on utle s. business utle s. a co ffee an and the store ba s alread) in cre ase d 11s g ift boo ks.
upgraded its inventory system. point of sale and access to book in pnnt to acc ommodate the in creased
traffic and the demands as far as the business volume . In cl osing , many corrunumues ar e takmg steps to
reserve d1vers 1t y by modifying zoning to prot ec t the to wn s from sprawl. impa ct o f traffi c an d nei ghbo rhood
character. There are c 1ty ordinances bamng store s o,·er 65.000 square feet and requmng th ose that exc eed
25.000 quare feet . to meet des ign gu,dehnes . Size re smct1ons keep the huge store s out. ldent ,f) mg
h1ston ommer 1a l d1sm cts. "h,ch "e ha ve here. b y ordinance. eliminates the poss 1bal11 y of u111 fo rrn1t)
These la" s either ban altoge the r or !1rrut the number o f forn1ula bus messe s that are all o \\ ed. To,rns lak e
Salt Lake C u). Roc knlle. \la~ land . Sa n Francisco. Bo , e . Ida ho. Port Je ffe rson. "e" York. ha, e bernme
proactive m the Lr pubhc pohcy to pre erve their loca l fla vor. In Cah fo rn1a there ,s a c urrent leg1sla t1 , e bill
to ensure that all retailer "1th a ph ys ical pre ence m the stat e. co lle ct a les ta, on Inte rn e t 1ran sac11o n
The U.S . upreme Coun has alread y ruled th at an y bu s ine ss that ha s a ph )s,cal pre ,ence ma state . sto re
warehouse or office. must collect sales taxes on goods purcha sed b; ta te resi dent , T his appli es to a ll
retail sales. 10clud1Dg an-store . mail order and lnterne1 purcha ses :-.e,enhele». a numbe r of na11 onal
chain do not collect tax on their Internet sale s . The li st in cludes bu s mes ses " hose ph ys ical presence 1s
undeniable . You kno" who the y are : Barnes an d :-.o ble. Borders Books. G ate\\ay Co mputers. Sam G ood)
Re ords The e ompames contend that their web and retail o pera11 ons are separate . Their web s ue s ha,e
no ph) s ,cal pre ence and therefore are not required to collect sale5 ta~e s and 11 1s JUSt a matter of ttme
before there "111 be another avenue for generatmg s ale s tax and crea11n g another step towards levelmg out
the busines s pla ) mg field . The current game bemg pla yed 1s another attempt to evade the law and gam an
unfair ad,antage over local retailers . I onl y represent \\hat 01her mdependent bu s me s s u\\ners ha,·e sai d
before me Tiu ,s a rerrunder fo r us to protect what "e value m bus mess and set polic y to prevent mo re
formula busmesse from ruinmg Englewood 's umque d1vers 11y .
(c) Li sa Knudsen. Exe c utl\·e Directo r of the Mo untams and Pia ms Bookselle rs Assoc 1at1 o n.
she explained that the y are a non-pro fit assoc ,at,o n ong mall y formed m Den,er abo ut ~O ;ear s ago . The ~
ba,·e about 26 5 member store ID the re gion and about 13 5 of those are ID Colorado. She noted Coun c il
re e,ved a pac ket that wa s fo rnarded to Coun II fr o m her. through Ms . Gumther. Ms. Knuds en po inted out
an error m the packet. She had md1 cat ed th e 1ze of the proposed Border Store wa s 50.000 square feet. but
she understands that, a proposed. 11 ",II be _· .000 square feet. She sta ted that her assoc iall on ,s o pposed
to the Border store corrung mt o En g lewood an d, she said , she bad several points she would hke to make .
First. she said, she wanted to gave so me mforma11on on the background. the nature o f the Bo rd e r compan y
itself. They are a huge company. formal!) o wn ed b~ K-Mart . Borders merged "1th Wa!d e nb ooks se , era !
years ago and now has approximatel y 300 Borders superstores . 1200 Walden book store s as "e ll as
borders .com. They are n01 a mom and pop o pera 11 0 11 . altho ugh oc casionall y the y do po rtra) th e msehe, 111
that hght. Their product rrux 1s more than JU>t boo ks . The y ha\'e books . music. video s. g ifts. sundne5.
magazines. ne\\spapers and a coffee shop. Ms. Knud,en pointed out that all of the alread y establi s hed loc al
businesses here m Engle"ood "ould be affe ted ,fa Borders ope ns here ; 1t is not Just the books tores . She
said she wanted to discuss their discount pra cllces. and noted these are practices that are common! y
followed by the national c bams . When the y come into a new market they somettmes sell 11erns below the ir
own cost . Some chains ha,e been accused of predatory pncing . She exp lained that the definition of
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predatory pricing, as described in the Sherman Act. 1s the deliberate sac rifi ce of present revenues for the
purpose of dnvmg ri va ls out of the market and then recouping the los ses through higher profits earned in
th e ab ence of competition. The chains have very deep pockets . she said . and the y can afford to hunker
do"11 and "all until theu competition has been driven out of business. She maintained that when the y are
int ere ted in a pamcular market. Borders and other big box chains. including Wal-'.'vlan . C ny '.'vlarket s and
other large national chains. play one talent against another to get the bi gges t poss ible breaks on taxes . The )
use the same tactic s to get advantageous leases . usually paying considerably le ss than what is offe red to
independent businesses. So the taxes that independent busmesses and the ci ttzens of the comrnumry pa y.
are being used to sub s 1d1ze chain competition . I find that extraordinary. she said. and I find that 11 ,s ver)
commonly done . but I also find 11 exrraordmary that a communi ty would rake those taxes and use them in a
wa y that could help put the independent bus inesses out ofbusme ss . It seems to me . she sa id . that the e
independent sub s1d1es. whether the y are breaks on taxes o r tran s late to a big box store pa } mg !e s per
quare foot. .. ho,,.e ve r these things are "orked out I feel that that 1s unfair and should be sto pped . An d 1f
the y are ge nmg sub s1d 1es. why aren 't the other bu s ine ss es m town gemng sub s1d1e s·> Wh , 1 n ·1 Deb
Guinther. or an y of the se other mdependent buS111c s,es. bemg sub,1d1Led "' Fre4L1entl ). s he a1J . ,he 1huugh1
the se tax breaks are gl\·en m ant1c1pat1on of large sale ta x rev enues and ne" JOb,. She aid ,he doesn ·,
as sume that yo u all are nllams . that there 1, a re ason "h' a Cit) counc il or other gO\ermng bodies \\Ou ld
"ant to have more sales tax re, enue to provide more ·erv1 ces to the communit y. But in fa c t. a number of
studie s have been done that co ntract, t thi s ass umpnon. pamcularl y in a corrm1 umry "here services are
bemg duplicated . which 1s the ca se wnh a Borders in Engle \\OOd . Ms . Knudsen sta ted that new store s do
not create real economic gro\\1h . he no ted there "ere ome biblio graph y mat eria ls in what s he sent
Co uncil that refers to the tud1 es tha t have been done o n thi s . What happens is that the s pending 1s s 1m pl)
shifted from o ne area of1he town to an o th er . he said . and m fact a Borders. or m man y c ases a \\'al-'.\-lan.
1s JUSt cannibali z in g their bu mess from existin g reta ilers . She o pmed that JO b and tax gains at the ne"
store are off-set by losses at ex1s11ng retailers produc ing onl y marginal overall improvement o r e ,·en a net
decline ove r lime . There are some examples m what she gave Co uncil. she sa id . Studies were done 111
Ve rmo nt . '.\1a ssac husens and New York. she sa id. JU St to name a few . where the II) coun c il s and o ther
governin g bodies did the re search ahead oft1 me and dec ided not to in vne in c hains for thi s rea so n She
pointed out that the ne, Jobs that are promised b y the large chains are frequentl y pan -lime Jobs and are in
fact low paymg . The reason for thi s ,s that businesse s don 't have to pa y benefit s to pan-rime empl o)ees
and also . the management is rarel y hired locall y. They bring mana ge ment in from headquaners . And very
,mponantl y. the profit s do not stay in the community: the y go out of state to CO l1l o rate headquaners . Thi s
1s the multipli er effect that we are talkin g about . where the local businesse u e the sen ices ... bank s.
advenismg age ncies. marketing. realtors ... all kmd s of se n ·,ces tha t the y use here locall y That ,s not the
case wnh the nati onal c hains . She thought there \\as a real n sk in an y ommumt~. pulling too man y ta x
egg mt o one basket. She said s he ,s refemng to Borders and to other lar ge national c hains . These c ham s.
be cause th ey h3\·e so many stores. routinel y close stores that don ·, per form adequatel y. lea, mg the
co rrm1un11 y "·llh a large e mpt y bu1ldm g and grea tly reduced tax re,enue . becau,e the independents ma )
have been dm·en out of bu me ss . An o ther po mt 1s that th e Border ,tore, encourage .:u tomer, 10 o rder
from th em o n-line . She said Ms . G uinther tou hed on thi s and he th ought II "as ,er) 1mpo nant to note
that under th e c urrent laws the y are not required to co llect ta.,e on Int erne t sale s. the II) of Engle "ood
"'ll be makmg nothing o n tho se Int ernet sales. he said she "anted to gl\e ou nc il a lmle information
that ,s book indus tr y s pec ific . but II affects all of us. The net affect of the Borders and Barnes and Noble
ascendanc y ha s been that there are m fact . fe,.er books publi hed and the y ost more . Pan of the wa y that
thi s c hains succ ess has been achieved 1s because Bo rde rs and other national chams offer discounts. which
mdependent s cann ot mat ch . They are able to do that because the y re cel\·e maJor discount s from s uppli ers
for their large orders and that ,s reasonable. she said . Borders and Barnes and '.'/obel's co mbined sale s
make them larger than the top ten publishers combined. giv ing them huge power so the y ha ve been able to
demand special deals . The American Bookseller·s Assoc,auon. along with twent y-s ix independent
books tores brought suit against Borders and Barnes a nd :--oble m 1998, alleging that the y used their ma rke t
dominance to obtain unfair, illegal disc ounts and promotional allowances from publishers . This 1s the
seco nd half of another group of lawsuits that were brought about seven years ago b y the ABA again st the
pu bh her's alleging that they were giving unfair deals and promou o nal a ll o ,,.ances to Bo rders and Barnes
and Nobk. The ABA s ued six of the largest publishers m the counrry; the y all senled out ofcoun. the y had
to pay legal fees for everyone and to sign consent dec rees . Ms . Knudsen said she wanted to emphastze that
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neither the Amen an Booksellers Assoc,auon nor the '-'l ou ntams and Plains Bookseller .\,sociauon. or
any of their members . are against compet1 t1 on. We are all m compem,on \\1th each other All "e haw
e,er asked for 1s fair business practices and a le,el playing field . She thanked Council for their time
(d) Paul '.\1 c'.\lath. of '.\1c'.\fath Propemes. ad vised that the representat1, e fr o m th· Tattered
Co,er. "ho "as scheduled to s peak tonight. ,snot go mg to s peak because ofa potent1JI legal conflict 111
another la"sutt against Borders He stated he ,s an Englewood resident. that he ll\·es at ~-10 outh
Barmock treet. and he I an Englewood small businessperson . He said he gre\\ up not far from here and
he u ed to nde his bike a sho rt distance to get to this site to hn dnvmg range golf balls and play golf That
land ,s duectly underneath this City Hall . Mr. '-'lcMath noted that he 1s also a former coun ,I man and
ma yo r pro tern of the City of Greenwood Village so he knows the process Council t go mg through and he
empathizes with their involvement. '.\llr . '.\-tc'.\1ath stated he is very impresse d with the orpnizat1on behind
the independent bookstores . '.\1 Knudsen. her statTand the . .\mencan Bookseller·s As ociat1on. ha\e done
their research. they are "ell orgamzed. th ey are presenting themselves ver) \\CII . and the, are \\llhng to
conurut resources on behalf of Englewood"s independent bookstore s . He noted that th i, ,cenJno ha ,
played nselfout elsewhere m the co untry and some of the battlegrounds are close to home Bou ld er
Dillon and now Englewood. In California the skmmsh ha s escalated to a la" ult agam,t I3 0«kr, alk:,:1ng
violations of the California Cnfair Trade Practices Act and the California L'nfa1r C,i mpet llt<>n I J\\ lk
stated these battle s with Borders are surpn singl) well documented and the strateg1e , Jre, t ou IJ1r l ,
clearly. He named some of their re source title s. Defending Again t the Supers tores. Loc al Bu,me, e,
Threatened, The Hometo\\11 Ad,antage. Ho " to Defend Your '.\lam treet Agam t C ham '\tore, Border
Threatened in Boulder, Colorado He noted that m San Fran ,sco local b okstore are lighting JgJm t
having a Borders come in there and they are \\lrtntng the ase \,,lark et anmbahnuon and the \1 ult1phe1
Effect was the !Ille of an other amcle . '.\1 r '.\1 '.\l ath opined that all oftht pomt to the fact thJt mdependen
bookstores in small town communities are pamcu!Jrl ) , ulnerabk to the 111\ a>1 on JnJ tJctl,, u l l3 <>1 '°'
Thanks to the orgamzauons mentioned earlier. he said. "e ha,e the toob to effc,mel) li ,;ht th1> 111,J,11111
and we are 111 for the long haul tfneces Jr). He commented that there Jre model tllJI Jre plJ )lll,! out JnJ
pharmacy busmes es are a good example Sm e 1990 . he ,rat ed . 11. 0 mJ,·pendent phJnnJ,1e, hJ,e
closed. In 19 8 65 °0 of the d1ug tores "ere O\\ned locall). toda~ the mdepenJent ha,c onl) ~<r ' o f th e
market or le ss . In Engle\\ood. ou!Slde of the hospital pharmac). he said . he ,a n o nl ) thm1. vi one other
pha.rma cy and that ts the one m the med, al bulld111g on C lark,on treet at HJmpden \ 1Jco ,tore, J 1e
another example Blockb uster rems one out of three video na11onw1de The e ond lar ge t ,h m 1
Holl ywood \'1deo and they control 10°0 of the market. He a ked ounctl 1fthe _ could thm1. of an ) 01he1
video stores that exist m the Cll) of Englewood He sa id he couldn·1. The C ll) of Engle\\OOd no " ha, ten
or ele,·en independent bookstores. "h1ch. he aid. he determined after ear hmg th e )ello" pa ge Jnd th 1>
was "llhm the Engle\\OOd cit) lmuts usmg the Engle\\ood mailing address 1fr as ked ho " man ) 01 the,e
name s \\Ill be in th e ye ll ow pages three year from now if Borders reaches their goal of pumn g a to re in
Ci tyCent er. We ha ve heard about retail consohdat1on s threatening d, tnbutor . he said . and he \\On ·r go
mt o that. We have also heard a lot about the mult1pher effect and he \\On ·1 go mto that karl ). he
pointed out , the independents ha, e some Jdvantages 111 suppomng the local communit). "h1ch Borders "ill
not do. He noted there is an mteres ung amcle prepared by Loren Shepherd. a C PA ." h1 ch appeared m the
Englewood Chamber ~e" letter m 1996 Bas ically he says that m 19 0 the total ale s tax for the It)
revenue was $7 .1 nu I hon wnh roughly half of tht co nung from C inderella Ci ty and thi s \\as dunng the
Cinderella 1ty he yd a y In 1995 the ales tax revenues \\ere nearly doubled . S 13 .5 nulhon . and thi s "as
\\llhout the resour e of C inderella 1t y add111g anything to th e tax rolls . '.\I r Shepherd theonzed that
perhaps the o ppo He 1s go mg to be true That "hen the big box stores go into C 1t yCente r \\e are going to
lo e tax revenue from the mall businesses and the gro",h '"II not be as big as anticipated . He pointed ou t
that there are a fe" other tmpa ts n our ommunuy What about the conunerc,al core"' Independent
bus mes e are the ba kbo ne of a nbrant do" nt O\\ n. the hean and sou l of a community He s tated that
large -cale chain ,tore de , elopment often heralds the demise of the e ntra l bu>1 ness d1stn ct cr~atmg a
dowm,ard s piral of vac an cie . blight and di sco uragin g ne" tm e -unent \\"hat ~bout traffi c' The big bux
ham tore s dra\\ from a big area. the y will bring mas man y as 10.000 cars a day Regarding corrm1umt)
hara 1er, he said. locally owned stores create a sense of place and communit y identity . the y reflect the
local ulrure and th e) g " e conunumues their disttncuve flavor . Cham store s, he stated. sap the
ommun111e of their character and individuality And what about Cl\'l m,olvemenf) Independent
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business owners often take a Jeaderslup role m conununit:y affa1rs . they cha1r neighborhood organizations.
host c ulrural events and organize local festivals and they even get involved m local go,·ernrnent. Because
the y live m the place where they do business the local owners get involved and commined to the
communities well being. They often sponsor and hold events . There is a lot at stake here . he said. and
hopefully Counc il will take all this information they heard tonight into account during the tr decision
making process . One last thing needs to be emphasized. he said . Debbie Guinther. the owner of
Co rnerstone Books. has made a commitment to take space at the Englewood CityCenter. I believe you
have reviewed her business plan. he said, and there 1s a lener of intent from her that has been signed by
both panies. At the Study Session last '.'vlonday, he said, we learned that ,f Borders comes into C1tyCenter.
Ms . Guinther 1s out. because of the non-competition agreement that Borders has . \Ir. '.\lc\lath asked that
Council please s uppon the Eng lewood independent businesses and their ab1ht y to gro" w11hm our
community. He said there are a lot of people her e tonight and he asked that everyone stand up that was
pr esent to suppon this ca u se . They stood up and he thanked them. In closmg , '.\,Ir. '.'vl c \lath sa id he had a
copy of the Englewood Chamber of Conunerce Directory and Bu ye rs Guide a nd there ts an mterestmg
mono on the front . It says big rny living. small town appeal. Lets keep It that \\ay. he saHl He thanke d
Council.
(e ) Buster Keenen . one of the managers of the Boulder Bo ok tore . thank ed Co uncil fo r the
opponumty to speak tonight . He sa id he Jives at 2120 Canyon m Boulder . that he does not h, e m
Englewood and he ne,·er ha s, but he 1s a founh generati on Co lo rad o name and he th o ught he understood
some of the concerns Co uncil has Some o f the thmg the y have to balance bet"een sale s ta~ re,enue. to
bnng m th e mone y the commun11> needs. and the need to se rve the commum~ that 1s generatmg those ta,
rewnues. '.\Ir Keenen said he "as going to spe ak to oun Ii a little b 11 about "hat 1s happenm g across the
country with regard to Borders and their anempt to mo, e mto vanous co mmunmes and al so what ha s been
happening m Boulder smce Borders announced that the y "ere plannmg to mo,·e there . In San Franc isco .
he said . from October of 199 7 to ~ovember of 199 . Borders anempted to move into a lo cati o n on L'mon
Street. This 1s a location where the busmesses are largely small : the zonin g 1s actuall y set for 15 0 square
feet for the maximum size business. Borders came m and requested a vanance to open a bookst ore that
"as 25.000 square feet . which was vastly out of the conununi !}' character When the plannmg board told
them the y needed to scale that down. the y dropped II do\\11 to 19.200 square feet. St1II vastly higher than
what the rest of the community was . After month ofmeetmgs. heanngs and th e o mmunny beconung
more and more involved. and colle cting over 3~00 signa tures o pp osi ng the Bo rders openmg. the (lt'y
Cou n Ii eventually voted six to nothmg that Borders hadn ·1 presented enough reasons to grant su h a large
, anan e From January to March of 1999 . Borders attempted to open an equal s ize sto re m Ca pu ola.
Cahfom1a At each meeting the community involvement kept grm,~ng and growmg until e,eral hundred
peopl e "ere sho" mg up for meetmgs . E,·entually the Cuy Council vo ted to approve a 12.5 00 square foot
tore . rather than the 25 .000 square foot store Borders had requested . At "h1c h pomt Borders dec lined to
open an y store at all because II didn't meet with their needs . In Santa Cruz . from late summer to earl y fall
of 1999 , Borders anempted to open a bookstore . The C it) Coun cil approved an ord111ance to l111ut large
bu smesse in their dowmo"n area , but finall y vo ted not to block the o penm g of the 2 3.000 s4ua re foot
Borders under threat of a lawsuit fr m the Borders Corporation . In Boulder la st )ear. "e d1scu,er ed that a
Bord ers wa mo, mg m and people from the co mmunit y sta ned co rnin g to us and asking "hat the y co ul d do
to help prevent the Borders from opemng . We co llected names and sta ned talking to members of the
con unun11 ~ He noted that at that point they were able to talk to people "ho were candidates for the C II)
ou n Ii to kmd o f tell them "hat our concerns were and to see what concerns they were hearmg from other
people The) deternuned that m Boulder ther e was a larger iss ue . he sa id . Boulder was losmg their
chara ter complete I> be au e of the mnux of cha ms and we were becoming Just lik e every oth e r
communlt) He aid the y de termined that if they became entirel y made up of the same cha111 stores that
you ee e,t"fY"here else . people "ouldn't come to Boulder to spend their mone y. It wasn't going to do
them an y good to have all these extra chain stores opening because there would be no thmg to draw people
m. So . he advised, at that potnt we proposed a four-pan ordinance to the Ci ty Co un cil. The first pan was
to propo e that the Ctty of Boulder enact an official bidding preference to local contrac to rs, local
business e . Based on the premise that money spent with local busmesses will rum back around to the
·ommunny. Mr. Keenen optned that those local businesses . because of the muluplier effect . wo uld have a
much larger impact on the conununity than money spent outside . The amount orig inall y proposed was
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business owners often take a leadership role m community affairs. they chair neighborhood organizations.
host c ultural events and organize local festivals and they even get involved m local go,·enunent. Because
the y lt ve in the place where the y do business the local owners get involved and commined ro the
communities well bemg. They often sponsor and hold events. There is a lot ar stake here . he said. and
hopefully Council will take all this information they heard tonight into ac count during rhetr decision
making process. One last thmg needs robe emphasized. he said. Debbie Guinther. the owner of
Cornerstone Books. has made a commitment to take space at the Englewood CiryCenter. I believe yo u
have reviewed her business plan. he said. and there ts a Ien e r of mtent from her that has been s igned by
both panics. At the Study Sessio n last '.'vlonda y. he said, we learned that if Borders come s into CityCenrer.
Ms . Guinther ts out. because of the non -compet itton agreement that Borders ha s . \,fr. '.'vlc\larh asked rhar
Council please suppon the Englewood independent businesses and their ab,ltty ro grow w11 hm o ur
community. He said there are a lot of peo ple here tonight and he asked that everyone stan d up rhar wa s
present to suppon this cause. They stood up and he thanked them. In closing. '.'vlr. '.'vlc'.'v!Jth said he had a
copy of the Englewood Chamber of Commerce Direc tory and Bu yers G uid e and there ,s an mtere stm g
mono on rhe front. It says bt g city living . s mall town appeal. Lets keep tr tha t wa~. he said . He thanked
Council .
(e) Buster Keenen. one of the managers of the Boulder Books tore. thank ed Co utK tl for the
opponunity to speak tonight. He said he li ves ar 2120 Can yon m Bo ulder. that he does nor II\ e m
Englewood and he ne ver ha s. bur he is a founh generatton Co lorad o narn e and he thought he understood
so me of the concerns Counctl ha s. Some of rhe things the y ha,·e to bala nce between sa le s tax re, enue . ro
bnng tn th e mone y the ommumty nee ds , and the need ro sef\·e the community that 1s generarmg th o e ta\
re,enues . \1 r Keenen said he "as go mg to speak ro Council a lt nl e bit about "hat 1s happe nin g aero s rh,·
co untry "1th regard to Bo rders and their attempts to mo, e into vanous commuttmes and al so wha t ha s been
happenin g m Bo ulder s in ce Borders announced that they were planning ro move there . In an Francisco .
he sa id . from October of 199 to :-.lovember of I 998 , Borders attempted to move ,mo a locauon on C ni on
Street. Thi s, a locarton "here the businesses are largel y small : the zo nin g 1s actuall y se t fo r 25 00 square
feet for the ma xi mum s ize bu me ss . Borders came in and requested a variance to o pen a bookstore that
wa s 25.000 square feet. which was \"astly out of the community c haracter When the planning board ro ld
them the y needed to scale that down. the y dropped II down to 19.200 square feet. S ttll ,astl) higher rh an
what the re r o f the co mmuntt y was . After month s of meettngs. he aring and the co mmuntt ) be onung
more and more m,·olved. and co llecting o ver 3-'00 signature s opposi ng th e Borders opening. th e 1ty
Co unc il e,entually ,oted six to nothin g that Borders hadn 't prese nted enough reaso ns to grant s u ha large
,anance From Januar) ro ~tar h of 1999 . Bo rders attempted to o pen a n equal size to re 111 ap11ola .
Cahfomta At ea h me ettng the .:o mmuntty involvement kept growing and growing until e-era l hundred
peo ple \\Cre hO\\tng up for meett ng s . E,entually th e City Co un c 1l vo ted 10 app ro ,e a l~.500 square foot
store . ra th er than the 25.000 squa re foot store Borders had requested At "h,ch po mt Borders de cli ned to
open an y store at all be ause tt dtdn ·1 meet "1th their needs . In Santa Cruz. fr o m late s ummer to early fall
of 1999 , Borders attempted to open a book store. The C 11 y Coun ctl appro, ed an ord,nan e to h11111 large
bus mes es m their do,.ntown area . but finall~ voted 1101 ro bloc k th e ope111n g o f the 23 .000 square foo t
Borders under threat ofa la\\SUII fr o m the Bo rde rs Corp o rau on . In Bo ulde r la st )ear. "e dtsro-ered that a
Borders "as monng m and people from the commun ity staned conung to u; and Js km g "hat the > co uld do
to help pre,ent the Borders from o penin g. We co lle cted names and staned talking to members of the
communtt ) He noted that at thar point they were able lo talk to people who \\·ere cand idate for the C ll )
ou nc1 l to kmd of tell them wha t o ur conce rn s were and to see what concern s the y "ere hearing from oth e r
people The) derernuned that tn Boulder there was a larger issue . he satd . Boulder was lo mg their
chara cter co mpletel y beca use of the influx ofchams and we were beconungJust hke every oth er
co mmunit y He said the y dete rmined that if the y bec ame entirely made up of the same c ham stores that
yo u see eve rywhere el se . people wouldn 't come to Boulder to spend their mo ne y . It wa s n 't go mg to do
them any good to have all these extra chain stores opening because there would be nothing 10 draw peo ple
in. So, he advised, at that point we proposed a four-pan ordinance to the C1ry Counci l. The fir st pan was
to propose that the City of Boulder enact an official btddmg preference to local contrac to rs, local
businesse s . Based on the premise that mone y spent with local businesses will tum back aro und to th e
co nm1untt y. Mr. Keenen opined that those local busi ne sses, because of the mult1pl ie r efTec t. "o uld ha ve a
mu ch large r impact on the community than money s pent outside . The amount ongmally proposed wa s
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netthe r the Ameri can Bookse ll ers Assoc1at1on nor the '.\l ou ntatns and Pl ains Boo ksellers Assoc1at1on. or
any of their members. are against compet 1t1on . \\"e are all in compettt1 on \\Ith each ot her . .\II "e ha,e
ever asked for is fatr bus in ess practices and a le, el playing field . She thanked Counc il for their 11me
(d) Paul M cMath. ofMc:Vlath Propemes. advised that the reprcsentJll \"e fr o m the Tanaed
Cover . who was scheduled to s peak tonight. ts not go mg to s peak because of a potent ial legal conrlt c t 111
another lawsuit against Borders . He stated he 1s an En g le wood re s ident . that he li,·es at -l 10 Sou th
Bannock Street. and he is an Engle\\ood small businessperson . He sa id he gre\\ up not far fr o m here and
he used to ride his btke a short distance 10 get to thi s site to htt driving ran ge go lf balls and pla y golf. That
land is direc tly underneath this Ctty Hall . Mr. M c'.'vlath noted that he ts al so a former coun cil man and
mayor pro tern of the City of Greenwood Village so he knows the process Council ts gomg thr ough and he
empathizes wtth the ir involvement. Mr. Mc '.\1ath stated he is very impressed wtth the o rgan 1zat1o n behmd
the independent bookstore s . '.\I s . Knudse n. her staff and the American Bookse ll er·s Asso ciation. ha,·e done
their researc h. th ey are well organized. th ey are presenting themselves ,·ef) "ell. and the) ar e " 111mg to
commit resources on behalf ofEngle\\ood· independent booksto res . He noted that th i, sc enari o ha s
played it self out elsewhere m the country and some o f the battlegrounds are c lo se to home Boulder.
Dillon and now Englewood. In Cahfornta th e sk1rm1 s h ha s escalated 10 a IJ\, suu against Bo rders a ll eg mg
vio lations of the Ca lifornia L:nfat r Trade Practi ces A t and the Cahforn1a L:nfa1r Compe1111 on LJ" He
stated these battle s wtth Borde rs arc surpnsmgl ) \\ell documented and the strateg ie s are ,et o ut fa 1rli
clearly. He named so me of th e 1r re source mies. Defending Agamst the Superstores. Local Bu sme,ses
Threatened, The Ho metown A,hantage. Ho " to Defrnd Yo ur '.\l am tr eet :;am st Cham Stores . Bo rd er,
Threatened m Boulder, Colorad o He noted that m an Fra ncisco local book store s are fi ght1n g agam t
ha vmg a Borders come in there and the y are w1nnmg the ase . :Vlark et Cannibah zat1 on and the '.\l uh 1p her
Effect \\as the rnl e of anot her amcle '.\·Ir. '.\lc '.\l ath o pmed that all o f1h1 s po mt 10 th e fa ct that 111,kpendent
bookstore s m small tO\\'n commumues Jre pamc ularl ) , ulnerable 10 the "" a,1011 J nJ 1ac11c, ot 13 order,
Thanks to the orgamzauons mentioned earha, he said. "e ha,e the too ls t dfrcu,eh tiuht this 1mas1on
and we are m fo;the long haul if necessary. He comment ed that there ar e moJ el, tha; ar ; p!J )mg ou t J nd
pharmacy bus ines ses are a good exampl e . Sm e 1990 . he stated . 11 .000 ind e pendent pharmacies ha, e
closed. In 19 87 65 % of the drugs tores were o wned lo ,·all). toda y the mdepenJcnts ha,e onl) ~0°. of the
market or le ss. In Eng le\\OOd. oulSlde of the hospual pharma ). he said . he ,a n onl) thmk of o ne other
pharnucy and tha t 1s the o ne m the medi cal building on Cla rk son iTeet at Hampd e n. \"1deo ,tores are
another example. Bloc kbus te r rent s one out of three vi de os nanon" 1de The se ond largest ,ham 1s
Holl ywood Video and the y control I O~o of the market. He asked C oun ii 1f the y could tl11nk of an; o ther
vi deo store s that exist in the Cuy of Englewood . He said he couldn ·t. The Cui of Engle " ood no " ha s ten
or eleven independent bookstores. which. he satd. he determined after searchin g th e )el!o " pa ges and this
was w11hm th e Eng lewood ctly hm11s usmg the Eng le\\ood ma,hng addres Me as ~ed ho " man ; o f the se
name s will be m the ye ll ow pages three years fr o m now 1f Borders reache s their goal of putt mg J sto re m
Ci tyCe nter. We ha ve heard about retail consohdauons threate ning d1stnbu1 or s. he a,d . an d he \\On ·1 go
into that. We ha ve al so heard a lot about the muh1p her effec t and he \\On ·1 go 11110 that le ar li. he
pointed out , the independents have so me advantage 111 suppo rtmg the local ommunt1 }. "h,c h Bo rde rs '"II
not do . He noted there 1s an mterest1ng article prepared by Loren Shepherd. a C PA. "htc h appeared m the
Englewood C hamber '.'/ewsle tter in 1996. Ba 1ca ll y he sa ys that m 1980 the to tal ales ta~ fo r the It)
re ve nue was S7. I million wnh roughl y halfof1h1 s co nung from C inderella C t1 ) and this \\as dunng th e
Cindere ll a C tt y heyday. In 1995 th e ales ta x revenues \\ere nearl y doubled . S 13.5 m1lh o n. and 1h1 \\JS
wnhout the resource o f C mderella C 11 y adding an;thmg to the tax ro ll s . '.\I r Shepherd the o n z ed that
perhaps th e oppos11e 1s go mg to be true . That when the bi g box stores go mto C 1tyCenter \\e a re go ing 10
lose tax re ve nue from th e s mall businesses and th e growth will not be as big as ant1 c1pa1ed He po 1111ed o ut
that there are a few other impacts on o ur co mmunu y What a bout tl1 e cornn1erc1al core "' Independe nt
businesses are the bac kb o ne ofa ,•1brant downtown. the hea rt and soul o fa commumt}. He !Jled that
large scale c ham s to re de, e lo pment o ften heralds the demi se of the central bus mes, J1stn c1 c tcallng a
do ,mward s piral of va ancie s . blight and di sc ouraging new 1m estment . \\"hat about traffi c' rhe big bo,
ha in stores draw from a big area. the y will brmg in as man y as 10 ,000 cars a day. Re gardmg c ommun11 y
c haracter, he said, loca ll y o wned stores create a sense of place and cornn1um1 y idenrny, th e y refl ec t the
local culrure and the y g ive communities their di s t1nct1ve fla vor . Cham store s, he stated, sa p the
communities of the ir c haracter and indi vidual ity . And what about civi c 1m o lvement "' Independent
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so methm g on the order of ti, e to ten per ent . Which. he pointed out. doesn ·t make that mu h mone y on
the origmal contra ct. but "hen that mone) ,s rurned back around to the communit). 11 can make a large
difference. The second pan of the proposal wa s to require that the commercial propemes that the Cll ) of
Boulder owns and leases. be given first co ns1derauon to local busmesses. smce the pro tits from those
spaces would be turned back around to the co mmumt ) The third pan. which. he noted. \\3> drasucall )
more contron~rs,al. was hmmng the openmg of any new c ham sto re s m the C uy of Boulder. outside the
commercial enclosed mall area . We have one enclosed mall m Boulder. Crossroads. he said. and that 1s
one of the lTl3JOr commercial areas in town . Outside of our old downtown area. that is the maJor
commerc,al area and we didn't mclude that m our l1mllS on new c ham stores We SJid that area ha s a
totall y different c haracter . ll 1s not right to mc lude that area. that area is not pan of what dra\\S people to
Boulder to shop. It 1s a shopping area. but people come to Boulder to shop for other reasons . He stated "e
did sa y that rather than ban outlets in Crossroads. wed JUSt say that anythmg that was over 12 .000 square
feet should come under funher sc rutiny and basically have publi c hearings so that the members of the
commumty could tell the C it y what the y felt about those bu s me sse . 1fthey were gomg to ene their need
or 1fthey \\ere JUSt going to be another redundant busmess that was really not gomg to Jo the C u) an ~
good . We presented this proposal to City Council. he said. and the y asked the C uy Ano rne ) to tak e a lo ,1,.
at u . The City Anorney told us on a Thursday afternoon that the y were gomg to be d1scu ssmg 11 on
Tuesday rught . So, he said. we immediately turned to that li st of people who wanted to be ,m·oh ed 111
keeping Borders out and they turned around and se nt over 200 e-mails to the Clly Counc1l oppos 10 g
Borders. That was more e-mails than they had e,·er received on an y to p, that the ) had on>1dered He
noted we would have used other methods ,f"e had had more than a fe" da )S to approad1 people lnd ;;et
them behind us . Because of the amoum ofsuppon "e had . he said . the Coun ci l turned around an d told the
Clly Anorney to stan drafting pans one of two fo r them to consider mak10g law In the ume 10 e then pan
one has made ll through first read111g and been approved" uh onl) one no vote and th e second pan 1 ,till
bemg drafted and pans three and four are s11ll under stud y for \\hat acrual econonu c 1mpa i:t the ) "oulJ
ha ve on the C ll y. !'l.1r . Keenen adnsed that Borders would be openmg their store 111 Boulder " uh111 J fe"
days. beca use their project \\JS too far al o ng for us to pre,ent 11 b) the 11me "e got to the u ~ oun cil But
all the issues that were raised by the Borders openmg are still under d,scu ,on. are still , e r) , ahd and er)
much a pan of conversauon m Boulder. Pan of that con,·ersauon 1s what pan a busme ,hould pla ) 10 ns
community and what kmd of a cmzen a corporation hould be . He o p10ed that the \\J) Bord ers skin s the
sales tax issue on their internet sale s 1s an ex:imple of the k10d ofrespons 1b1 li t) the) feel IO\\Jrd the
onm1umue "here their stores are located . Vinually e\'ery promouonal uem tha1 their ,tore, d1,1r1 bu te
mcludes the "eb address or suggest to the i:ustomers that have gone mto the ,tore. that the y ,ho p o nhne .
He empha,1zed that not o ne cent of those sales will benefit thi s co mmunll y. Barnes and :S:oble . Borders
large t o rporate ompernor ha, agreed to collec t sales ta x o nline . because they are no" punmg kiosks into
their store . Borders has no s uch plans . Their effo ns to c hange zo nmg . such as that from 2500 to 25 .000
square feet . sho" ho" much they wam to fit into conununmes and how the y deal with each town 10 a
cookie c uner approach. Bookstores are m many ways a family . he said. and that 1s pan of wh y we are here
tonight supponmg the local bookstores here . But. he pomted out . no one likes a bull y and that 1s kmd o f
what Borders and Barnes and oble have turned 1010 The y have been operating be yo nd the pale . he sa id ,
and that is why our nauonal association has filed sull against Borders and Barnes and 'loble. It 1s pan o r
the reason "hY no one from Tanered Cover could be here , beca use the y are pan of that lawsuit and the y
could not appear in public opposing Borders. t-lr . Keenen stated that in the la st eight years the number o f
independent bookstores has gone from 5300 to 3500. the squa re footage of bookstores m the country ha s
quadrupled and the number of books sold has stayed v1nually unchanged . Hanng a Borders o pen here 1s
no guarantee that there will be an y more sales of books 10 Englewood . he said. and 1fthe nauom\lde pattern
contmues there \\Ouldn 't be. Quadrupling the space has not so ld a smgle extra book . He thanked Co un c il
(f) Bobb, '.\lcCandless. owner of Country Gardens at 2800 South Broad"ay. stated she 1s not
a bookstore , but she ,s an mdependem small bus10es s owner and a good friend of Debbie Gu10ther or
Cornerstone Books. She noted that when s he was gl\en the package ofmformauon she reall y didn 't kn ow
too much about what was gomg on . But as she read . she sa ,d . she realized that as a s mall business . 11 was
very sad to see that we reall y don 't have much sa y. We ca n come up here and express our concerns. s he
said. but when the town of Dillon and Boulder rallied together 10 fight thi s s ,tuauon and to voice the ir
opinion it didn't work. 11 didn't maner. Boulder sa id the y "ere a linle bu late . but Dillon fought from the
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begmmng and she though!. .. where are the small business rights·.> She pointed out that we are the
perso naln y and the charm of any town . whether you are small. medium or large . Engle"oodJust came
through and modified our streets and 11 1s mce and our small businesses ca n se t up there . We are some thin g
special and people can come and stop to shop . She pointed out that we do cater to our people and we offer
them spec1alt1es that they cannot get anywhere else . I am indirectl y affected. she said. because when my
small business owner fnends stan going out of business it affects all of us . because then we have vac an cie s
and empty stores and our revenue does go down. I am here as a small business owner. she said. basicall y
offended that a multi-million dollar company is offered a subsidy to move in. when we struggle daily as
small busmess owners. do our own promoting and work with people in our small commumt1es and where 1s
the subsidy to help us~ Maybe 1f we were subsidized a linle bit, we could add more employees. and we
could have more to sell and we could bnng in more revenue . She asked that Co uncil not get nd of the
small business owners. Ms . McCandless stated we love it here and our busmesses are beginning to gro"
and we suppon each other. She thanked Council for listening to her.
7. Non-scheduled Visitors
(a ) Bill Clayton. 958 East Cornell. stated he 1s a resident of Englewood. a small business man
and the Co-President of the Greater Englewood Chamber of Co mmerce. The Chamber ha s been asked by
folks on both sides of this issue for suppon . Mr. Clayton advised that the Chambe r of Commerce Boar d o f
Directors ha s not had an opporrumty to dis c us s this pec1 fi c iss ue in order to make a recommenda11 o n 1l11 s
evening . In panicular. he said . we are not going to co rnn1ent o n the issue of providing a sub 1d y. be cau se
we do think that 1s an iss ue our board should take up I'm sure . he noted. that \\e "111 hl\·e a 101 of
interesting d1s cuss1on about 11 . Ho"ever. he said. he spoke to h1 Co-President Ten Dion. o ur Execut n e
Director '.'>ianl yn Brenengen and the cha1rp er on of our Go, emment Affairs Committee. Jim Rees \\'e all
feel this 1s an 1mponant issue and that the Chambe r should offer so me comments. which are cons istent '"th
our on-goi ng Chamber polic ie s First. he aid. I would Just offer the thought that isn 't 11 intere sting how
commerce ha s changed o ,·er the }ears . I "as JUSt thinking about that today . We all shop at supermarkets.
we don ·1 go to a small meat store and a mall bakery and a produce store and have to pa y md1 v1duall y and
ha ve to seek those out and to dnve to them. We order by fax and e-mail. we pa y on-line ele ctronicall y and
some people 1elecommute to avoid dnving. Thee are c hange, m co mmerce and trade , he sa id. and I don 't
think we are going to be able to tum the clock back . We are gomg to continue to see c hange . so me of
which 1s difficult and painful. Overall 11 has been the obJecuve of the Chamber to work for a vibrant retai l-
shopping en\"lronment in Engle"ood. An en,·ironment , which attracts popular stores and pro\"ldes a broad
popular range of products and se r\"l ces to attrac t shoppers. not JUSt from o ur C u y boundanes but al so fr om a
lar ge r area . H1 sto n ca ll y we have anracted sales , people hav e come to Engle\\ood to hop be cause \\e had
sto res that other area s d1dn ·1 have . We need to create an environment that generate s lots of sa le s tax
re,enue to fund our go,emment. because we kno" that the magic engine that ha s fueled Englewood·s
pro penty ha been sales tax re, enue . Our Cha mber membership in lude, large bus me sses and small
bu sine ss es . small businesses, mo st of them have "orked very hard to build their bu sine ss es and prosper
and \\e ce nainl ~ support their efforts . This presents us wnh an mterestmg d1lernn1a Do we ad,ocate
protecung the small store s by excluding lar ger nauonal c hains ? Can we build a prosperous ne" retail
ce nter here in thi s locauon b y excluding the popular retail chains ? And . he co mmented . "e kno" why the ~
are popular. The y are popular because lots of people want to shop there . We need the sho ppers to
patronize our Ce nter, we need shoppers to attract more small sto re s to compliment whatever store s \\t
ha ve . He sugges ted that perhaps if we were located on an is land or if we were Boulder. where you ha ve to
dnw 35 mile s to get to the metro area. we would have more alternatives. but we are not an island. we are
surr ounded by a metropolitan area. which has a very competitive retail environment. We are surrounded by
brand-new . diverse , con,ement retail centers and all of these are doing everything the y can ... from Cherry
reek to out hglenn to Park Meadows to Stevenson Center. .. to conven our customer base into then
customer base . Mr. C layton opined that consumers that want to shop at a Borders or a Barnes and :-loble or
a Tattered Cover are not going 10 forgo that purchase just because we don ·t have that store . They are just
go in g to dnve another 15 nunutes and shop outside Englewood. And the speaker who made the conunent
that this ma y d1ven sales from one pan of town to another. .. that 's probably true . We need to d1ven so me
of those sales here . These folks that shop outside of Englewood ... on their way, in the process. they will
patronize other shops near their destination. Not Englewood shops. They will eat at restaurants near their
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destination. Not Englewood restaurants . And the y will connnue to sh o p o utside oi Eng le \\OOd . l f "e \\Jnt
Englewood to have a vibrant retail area we must amac t and keep the kinds o f to re that are go mg to amact
customers. he said. '.vlr. C layton stated that po pu lar busy stores. whi c h amact othe r small e r store,. create J
synergy. which provides a health y bus iness en\'l ro nment fo r all o f En glewood 's reta1I bu me s In
summary. he said. the Greater Engle"ood hambe r o f C ommerce 1s not gomg to reco mmend a pam cullr
business. we are not going to 53) bnng Borders here . but "e are not go mg to sa y e xcl ud e Borders. '" are
not going to sa y that restncnng to o ne pamc ular type o fbu s me hould be th e fun ct ion o f go,emment to
say you can sell m our t0 \\11 and someo ne e lse can 't Becau,e. he renerated . \\e are not an 1;,ll nJ The
Chamber continues to suppon a process. "h1c h e nco ura ge the de vel oper and the 1t~ 10 ti nt! qualH )
retailers that will attract shoppers to Engle"ood . and cenaml y \\e hope tho se are mdependen1 reta iler .
which will suppon and encourage a \'lbran1 retlil bus mess environmelll . Ju st a a per>on a l a,1de. he ,J 1J .
as I am a residem . I imagine the re are peo ple here to ni ght \\ho are happy that the lar ge c hJms that \\ere m
Cinderella Cuy are gone ... the Penne _ ·s. the SeJrs. the Wards. the \!av D & F. Perso nall y. he ,a,d . I am
real ured ofit. Every lime I go to shop I ha ve to go so mewhere el se. I ha,e to dm e to ge t the re and "hen I
spend my mone y none of that tax dollar co mes ba ck to Eng lewood . It 1s nme . he aid. that we get s,i me
stores in Englewood.
(bJ Mary Ellen Turner. 1-20 Ea st Danmouth A venue. said she JUSt fo und o ut Jbout 1h1
meeting yesterday evening. so she ha be e n j omng down note s and as ked that Co un ci l beJr "1th her
enjoy shopping at Cornerstone Books. s he said. be cause Debbie Gmnthe r 1s my ne ighb or. I \\lilt to ,uppnn
her business, she is in my commu111t y and she knows me . I go m. she kn o \\S the types o f bo ol.., l en)ll;. II
she doesn't carry them I can order them through her. I apprec iate the persona l co ntact I ha,·e '"th her. she
said, rather than JUSt maybe a seasonal employee who 1s n 't that knowl edgeabl e ab out a ,erta111 type o f
reading material. Ms . Guinther and I are als o in a profess ional netwo rk group an d as a rule o f thumb m 1h is
professional network group; no one comes m wh o is in d1Te ct compennon "1th somebod y el e. She noted
that it might be an ideal, but 1t is a \\Onderful "ay to do busmess ma co mmunit) and "e hav e all pros pered
from referrals from each other and s uppon each other m J good "a~. \h. Turner expre sed he r ·oncem
about the gomgs on. about '.vis . Gumthcr pro pos mg to leJs e s pa ce 1n the ne " co mple x and ha, mg the s pace
c hanged Jnd hanng a potenual B0 rde rs Bo k comp e te ,\Ith he r It seems to me . she ,a,d. lik e a breac h of
good"ill. cenaml y a breach o f fauh . or po s1bl ) a bre Jc h o f .:o ntrJcl he a.:k no " k dged tha t cena ml ) ;a u
need revenue . M s Turner c ommented that ·he fi nds he r dt ,ee l.mg o ut more um que plac es to hop . I
hop at Pasqum,·s for their s peci al bread, J nd 1he) hJ ,e th e be ,t l11tk ,oukie , 1n to"n. s he sa id ·1 h,·re 1
not ne cess aril y a !me out the door. but I \\J ilt to spre ad the "Ord tha t thJI "the best El fe pe huJ n lu , th e
bes t Mexican food around. he o pined . u · o ur lm le ecret. bu1 the, are a h,ay full bec au se the "urd
s preads . We suppon these bu me sse s . \I s Turner ad, 1sed tha1 he a bo. fo r a tune. II\ ed 111 ShenJan . 'he
said she doesn 't neces anl y re member the details. because s he ha s had to dred ge th1 up quite qui c kly . bu t
she remembers the stor) o f Pa ce and the ,tory of th e hendan go ,emmental co mmumty bem g quite e ~ ·ued
about the re ,e nu e s that Pa e "a b nngmg m . The )' bu il t a ne" Cit y hall and the y got all kmd o f bo nd s and
It wa s fab ulou s But the n Pace mo ,ed. the y c hanged their na me and the ; mo ,e J to De m er and the c u ;
government was crus hed . She said s he wa s no t sure "hat the )' did with the bo nd s. but the y ha d ta move
their locau n becau se thi s big name c orpo ra n on JUSt pi cked up Jnd mo ved out and It "as de va stat111 g to the
town. I'm no t sure how Engle"ood subs1d1 ze s the big bus mes ses that come in or the s mall bus me sses. he
said, but my feelmg 1s that '.vi s . Gumther has an opponurnty to expand her bu ·mes s. she I umque . she
focuses on a panicular brand of books, but s he ha s the opponu111t y wuh th e light rail and th e lucat1o n to
expand her busmess to mclude more . Cenamly, 1f she 1s mcludmg the bu s stau o n she 1s tk x1 ble enough to
mclude more . She has the opponunity to bnng in more people and I would hke to see he r su cce ed. \I s
Turner said. and if you subs1d1ze local people I think she should be m the ruruung , I "o uld lo '< to se e he r
succeed and broaden her bookstore . She thanked Council for hstemng .
(c) Perry Deshler stated he is a resident of Englewood. that he moved mt o hi s fu ;,t house
about 1950 and he saw this s pot when it was a nme-hole golf course . He noted he sa" C mderella 11y go
up and go down and he has seen the Counc il make some very good deci s ions and ,ome , er} bJd dec1s1 on,.
I have a hnle bookstore m Englewood. he said. and I am also a real estate broker It 1s a used books to re
and 1f you put m 20 brand-new bookstores 1t will make me happ y. he said, becau;,e 1t makes mo re bu s ine s s
for me . But I have seen the Situation. he said. when I had a pamc ular book sto re on Col fa ., and the 'It)
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came 1n and s ub sidized the developers. the real estate agents and changed thmgs . They ga,·e them mon ey
to develop businesses and kick people out on the street . The city subsidized a Ramada Inn and rebuilt It .
The pe o ple that owned it came to me. he said , and asked me for copies of books on Hawaii . as that is where
the y hv ed. That 1s where the money from the subsidy went was to Hawan. Mr. Deshler stated that the
subsid y for an y box store is not coming to Englewood. I 1magme . he said. if you go check Wal-Mart nght
now. you will find that the majority of their employees don 't live in Englewood and probably don 't spend
their money in Englewood . It is a situation where the new store would help me. he said. but it doesn't help
people like this . He said he doesn't think it ts good for the C11y or the hnle busmess people m the City.
Your position as '.'vlayor and Council members. he said, is to do the best you can for the people of
Englewood . I saw that happen when Cinderella City was built and I sa\\ JUSt the opposite when 11 went
down. But. he said , I hope Council will give it due consideration for the lmle pe o ple that work here . He
thanked Council.
(d) Priscilla Bennen, 3581 South Corona Street. said she 1s an Englewood re sident and she
has lived here for fifteen years . Twenty-five years ago. she said . I came here for a vacation and never left .
I remember coming here at noon on the fifth of :"lovember m 19 75 and thmkmg "hat a great place . I co me
from :-Jew Jersey and that's not a great place . Tomght . she said . what I ha\'e heard 1s that we have
absolutel y no memory whatsoe\'er: because we are suppose to take int o acco unt hi story. \Is . Bennett state d
that a long time ago there wa s a bunch of people thro wn o ut o f th e ir ,ountr y. ab o ut 2000 yea rs ago . It too k
40 years for them to repopulate their people hopmg that the i \\Ou ld fo rge t "hat thei had ,ome fr om In
194 5 a holocaust happened and the y said lest "e e,er fo rget. There are so man } bus me s e s th at ha,e co me
to thi s tO\\'n that have taken e verythmg 3\\3} fr o m us. she said . C md e rel il It } cl o,e d "nh 1n one 1 5-yea r
penod ... that is not even a generation ladies and ge ntlemen . When J o \\e re me mbe r'' Is th 1> a ll Jbo ut
mone y'? Englewood . Colorado 1s one of the few small places that sull exist as a small mdependent bu s me s
town . She opined that 11 is absolutel y ridiculous to offer a subsid y to a big corporatt o n that doesn 't e \'en
need your mone y to move m here . 'ow. she asked. "'hen are we gomg 10 take a stand and sa y no more·• I
am sick and tired of,.hat 1s happenmg . she said . and you can beautify the streets all you want , but unttl you
get real about the fact of what ts gomg on around here. we are m serious trouble . I have heard proJections
that thi s dam thmg out here 1s going to fail in three years . And you know wh y' Because 11 is good
busmes s for these btg people to take a tax deductton . I was a registered nurse for 27 years. she said . and I'll
tell you what . I spend my time blowmg the whistle on western medic ine. because it is time that people
stand up and sa y no more . When are we allowed to sa y no more to the big guys ·> Bec au se when th ose bt g
gu ys stand at "hatever Judgment gate we all nught stand at , we will be Judged for what we have done and
what we have done is given away our power. Our power is here . Our power is here. our power ts the se
httle people nght here that pa y everybody 's salaries, that pa y the se cops. pa y these po htt c 1ans. pa y the se
people who are out here every single day. Ms . Bennen commented that when you let a bi g co mpan y hk e
Borders come m here and rum that. I sa y to hell with it. I move out of thi s country because It is no t even
wo rth tt . She told Counctl thank you very much .
(e) Val Perann1 . 4200 South Delaware, said she is a fnend of'.\1 s. Guinther. but he 1s here as
a c mzen. She said I commend the Counctl o n trying to balan ce the large and the small. A boo kstore 1>
suc h an mt ,mate thing. She stated that she doe s not put the Tancred Cover m the cate gory of bi g busmess .
as It 1s intimate and beautiful . I would hope Ms . Guinther would be all o wed to be here and expand , she
sa id . S he asked that th ey walk into a Borders Books and tr y tt . We are all different, she said. and ma ybe
yo u '"II hke it. As a cmz en, she said , her plea 1s to go with smaller pe ople when yo u can and balance 11 o ut
and do the best you can . as you have been doing .
8 Communicalions. Prodamalions and Appointmenls
(a ) A letter from '.\1argaret R. Giffin indicating her resignation from the Englewood Public
Library Board was considered.
COL'~CIL l\lE!\1BER BRADSHAW MOVED. AND IT WAS SECONDED, TO ACCEPT WITH
REGRET THE RESIGNATION OF MARGARET R. GIFFIN FROM THE ENGLEWOOD
PUBLIC LIBR~RY BOARD .
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Englewood City Council
November 6. ::!000
Page 11
Ayes:
Nays :
Motion carried.
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Council :vtembers Nabholz. Garren. Bradshaw. Wolosyn .
Yurch,ck. Grazulis. Bums
:-.one
Mayor Bums. on behalf of Council. wanted to thank :vts . Giffin for her manv years of dedicated erv,ce to
the Public Library Board. He noted she has 111d1cated she ha s moved. · ·
Council :vtember Grazulis stated she ha s had the opponumty to work "1th her for t\\ o year o n the L1brar ~
Board and she will be sorely rrussed be c ause she did o ntnbute a lot to that Board . \1 s Grazulis "1sheJ
her the best in her new endeavors.
9. Public Hearing
(a) :vtayor Burns stated "e ha ,e a publi c hearing ,cheduled to gather 111pu1 o n oun,11 £3 111
:-.o . "O . amending the City of Engle"'ood·s righ1>-o f-"ay ordmance .
Council Member Garren advised that he "ould not be panicipating 111 the publi c hearing as he ha s a
conflict wnh his employer. Counc il \1ember Garren left 1he da1
COI.J:"iCIL MD1B[R BRADSHAW '.\10\'[D. A'.\'D IT WAS SECO'.\'DED. TO OPE'.\' A Pl'BUC
HEARl!liG TO GATHER l:"iPLT ON COt.:'.\'CIL BILL '.\'O. 40. A .. \l['.\'Dl'.\'G THE CITY OF
E:'IIGLEWOOD'S RIGHTS-OF-WAY ORDl'.\' . .\'.\'CE.
Ayes : Counc il \!ember Nabholz. Bradsha\\. W o lo yn. Yurc h 1ck .
Grazulis. Burns
Nays: None
Abstain: Council \!ember Garren
Mouon carried and the Public Hearing opened .
All Mmesses were duly sworn.
Director Ross stated that the purpose ofth1s hearing 1s to ga ther publi c mput on the proposed ri :tn -of-,,Jy
ordmance that was approved on fir st read mg on October 16'' He ,ub111111 r d Proof o f Pu bhca uon th 1
noti ce of thi s public heanng was publi s hed on October 20, 2000 111 th e Engk"ooJ Hera ld In J dd111011 . he
ubrrutted a copy ofan e-ma1l 11011ce he sent ou t. October 10. 2000. to the tek.:omm fll(Jt1011 p1 0 , 1der, J nJ
se rvi ce providers that had expressed an 1nt ere t 111 o ur e ndea,or. JU St 111 case . he ,aid. me of the se
pro\lders do not make a habn of read mg the Engle,,ood Herald . \Ir Ross ,tated that thi s pan of the
Engle\\OOd :vtu111 c 1pal Code was la st revised 111 1985 and a lot of c hange s have oc urred 111 the
1elecommu111cauon s industry s 111 ce then A, a re ,ult . he said , we felt 111 s time 10 mo J ,f~ th e nght -of-,,a~
ord111an ce to make s ure "e are bener able to ,,ork wnh the new pro"1ders that de s ire to mak e use o f o ur
public wa ys 111 o rder to 111s 1all their fa c ,hucs He noted that , m the Denver metro area . the C tt y of Lafa ye tte
ha pa sed a strrular ordinance . Greenwood Village. Arvada and Commerce Cny are also work.mg on
redomg their nghts-of-way ordinances. Director Ross advised that they s pent many hours in meetings wnh
representatives of various companies that will be affected by this ordinance and significant c hanges and
mod1fi ca 11ons have been made as a result of those discus sions. If there are any question that co me up
during this public hearing, he said. that you would like staff to address. Ken Fellman and I "'ould be wry
happ y to give It our best shot. He noted that Ken Fellman was our legal counsel who ha s s pent countless
hours workmg with the Greater Metro Teleco mmunicauon Co nsonium on the model nghts -of-way
ordmance and Mr. Fellman will no doubt be spending a lot more time as a result of the va luable mput that
Englewood and Lafa yene have received during this process. to incorporate the mput we have re ceived 11110
the new model ordinance. With Council's permission. he said. he would like to stop talkmg and give the
c n,ze ns and compan y representatives the opporrumty to express their concerns and conunents .
Jim ampbell, wnh the policy and law group wnh Qwest Communications, 1801 California Street m
Denver, said that with him today is Dina Diehl wnh the Qwest public affairs group. He noted that Ms . Dea l
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November 6. 2000
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and \I r. Bob Banon were the ke y Qwest personnel who met with C 1t y Co un c il and staff Junng the
neg o 11at1on process o f the proposed ordinance . He said he "anted to thank Co un c il for allo\\ mg Q" est the
o ppo rtunit y and lime to o ffer their concerns and issue s regarding the proposed o rdinance He o pmed that
the y ha ve worked diligently w1th staff and the City's cons ultant in an attempt to resolve an ) 1 s ue s the}
might ha ve w1th the o rdinance . Unfortunatel y. he advised. so me ofthe1r maJor iss ue s remain unaddressed
and he \\anted to talk about those tonight. First ofT. he said. Qwest definitel y ackno " ledge and re s pects
th e City 's increa sed cha llenge in maintaining its streets and public ri g hts-of-way 111 a comp etll l\ e
en vironment. wu h multiple provide rs attempting to pro,·ide advanced telecommumcauo n en ices to th e
consmuents of Englewood . He acknowledged that it is a difficult task and o ne that they cenaml y
und erstand ts gemng mo re and more difficult . With that . he said . state and federal law 1s fairly lear as to
Jurtsd1rnonal hm1ts upo n a c ity as the y tr y and exercise those nghts to manage and adnumster the pubh,
rights-of-way. Mr. Campbell said, ge nerall y speaking. the c uies ca nno t use the se type s of o rdinances to
ge nerate revenue in excess of the actual costs they occ ur in an a ttempt to maintain and adm1m ster th e
publi c n ght s -of-way. He stated that Qwest's o pm1 on 1s that the o rdinance. as wntten . 1s e uh er in cons1 tent
wtth those legall y mandated principals or is unclear as to ho w the City should implement us rights and
ob hga t1 ons . He said he would hke to go thro ug h so me example s and conce rn s the y have. Fin. the
o rd inan ce requires that an y pronder. "1shin g to appl y for an application under thi s o rdinance. mu st pron de
the C1ty the loc ation of not o n!) 11 faciht1e but the locatmn of o ther providers fac1ht1e s as \\ell. I'm not
s ure where the requirement 1s tha t Q"e t mamtam or trac k the loc auon of o ther provider s fac1ht1e s. he
said. and to do so wo uld be e xtreme!) costl) Additio nall y. he noted . genera!I ). the t11format1 o n req uired t11
th e apph at1 o n and pemut p roces a ppears . to Q\\eSt. to be unnece ssar y and ex cessive Fo r example. and I
qu o te . he said . "the C uy requires that pro\lder pro\'l d e the location o f th eir factl1t1es in 3 ,H1tten and
verified fo miat pur uant to II) guideline .. He po1nteJ o ut that. to dat e. the re Jre no (It) )lU1del111e,
Other JUn d1 c t1on ha, ea ked for ele tro ni c fornuttmg . G I fo rmanmg . and the y are not su re "here the
C uy 1s gm ng . at thi s po int Thus far. he opined. 11 appears, er) o pen ended as to "hat the C 1t y 1s re4u1nng
ofQ"est. He po inted o ut that Q\\eSt ha s been pro\'lding informatio n to the lt) regarding the location of
us fa c1ht1es \\Uhm time frame. and ut1 hzing forma ts. \\h 1ch have ah,ays appeared to be J,ceptabk :S:or.
he ad, 1sed . have "e heard from the Pub h \\' o rk , Depanment that the c urrent ,11ua t1 on an d the current
statu s qu o 1s a problem. The re fore . he sa id . th e) \\Ould s ug gest . to the exte nt that the C11y promulgates
guideline s in the future . that they utili ze the e,1 tin g 1tuat1 on a nd the ex isting s tatus quo a a ba eh ne for
thJt and no t impose new or add1t1 o nal locatio n re4u1rement s upon ex ist in g pr o , 1ders . If "e "ere to ex pend
the money to de,·e lop new forma t \\e nught have to do that in all of the Junsd 1ct1o ns and that co ul d be a
costly endeavor and th e cost \\Ou ld be bo rne by th e c iti ze ns m Englewood and Q"e t s uh sc nber in
Engle " o d . he sa id . Additionall y. the o rdinance requires that. in enam ir c umstan ces. Q"e t lo cate us
fa c 1ht1es underground at it s own cost . He noted the C 11 y does pro\'lde an e~cept1on "h,·re tate la" all o \\
!\1r. Ca mpbell said he would pomt o ut that state la\\ 1s wr) clear that rel o at1on s undertak en for aesthe t1
purposes. that the costs should be borne by the reques tin g pany. no t th e ut1l1t ) pro, 1der Fo r relocations for
other purposes. Q"est 1s requ ired to undergro und 11 fa c1 ht1e s. The cost of that "ould be borne agam b)
the c iti ze ns of Englewood . An additional requirement. and. he aid. th1 1s a n unusual req uirement. 1s thJt
Q"es t s hare s urplus conduit and s urp lus fa ctl mes msta lleJ \\Uh o ther prov ider \\'e po inted o ut. he
ad\lsed. to the staff and the ·onsultant that Q"est 1s an in c umbent local exc hange pro,1der and h.1, federJ I
and sta te req uirement s that II o pen us fa cil itie s and mterconne t us fa c 1ht1es with ompetltl\ e pro , 1ders and
thi s 1s all pan o f the 1996 Telecom Act. The C u y appears to be attempting to impose add1t1onal
mterc o nne c t1 o n requirements upon Q\\est by requ1nn g them to proV1de our s urplus ducts to uttlu y
pr o viders These o bli ga ti o ns a re heavil y re g ulated b ) the tat e Pt.:C and he did not think that the C u y
wo uld e, en "ant to g et mto the middle of some of the se re lau o nshtp s . He pointed o ut tha t the y ha ve been
th e gro und s for some brutal battles in front of, no t o nl y Co lo rado. but other state comnu ss 1o ns. as "e ll . o.
he said. "e wo uld ask that that requirement. at least fr o m Qwest·s perspe ctive , be removed from the
ordman e . Wuh res pe ct to the pla ce ment of s urplus ducts. he said . Qwes t and o ther p ro , 1ders often pla e
add iti onal or surplus facih t1 es m the ground m a n1J c1 pat 1o n o f future growth. espe c 1al1 ) in toda y's
co mpet1m·e marketplace, that is now a ne cessity. He expla ined that the reason that 1s done 1s to a,0 1d the
very prob lem that thi s ordinance is trymg to re so lve and that 1s new construction ye ar after year after ye ar
And . he no ted . fo r the C it y to place a requirement o n a provi de r that II so me ho " a ttempts to regu late these
su rplus ducts . to the exte nt they go unused fo r a definue penod o ft1me . appear to us to be unreasonable .
and , agam. we would ask that those requirements be removed . The ordinance a lso places a moratorium o n
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new construction within rights-of-way. which ha,·e been excavated or constructed upon, for two yea rs after
that construction. Again, he said, 1 understand the City"s concern here. they don·t wam the streets to be
degradated . they don ·t want continued construction. week in and week out and for companies to come in
and excavate. But again Qwest has a unique perspe ctive. he said. Here is the incumbent local exchange
provider: we ·re the carrier of last reson. We ha ve to proqde service to any requesnng pany. Failure to do
so would violate both state and federal law. Mr. Campbell stated that the ordinance is unclear whether
Qwest can actuall y satisfy its state and federal obligations. absent a special waiver from the City. The way
I read it , he said. we would have to apply for a waiver to allow construction in that effected nght-of-way
during the two-year period. I don·t thtnk the earner of la st reson obligauons should be an exception or a
waiver~ requirement. he said. He opined that Qwest would be in a position where 1t \\Ould be forced to
vio late either the local ordinance or the state or federal law . He pointed out another unclear pro, ,s,on . that
the ordinance contemplates a fee structure . but there are no fees anached. As manv of you are a"are. he
said, the validity of cenain fees. franchise fees and rental fees. are current ly the subje ct o f l 1t1gat1on
between Qwest and the City and County of Den ver. Mr. Campbell ;aid that he understand s the de 1 1011 1
pending at an y time and it 1s their hope that tlus case will offer spe cific guide Imes anJ para111c1er under
which, tn Co lorado, Qwest and other utilit y providers can negot iate \.\llh c1t 1es such J S En gle"ood.
regarding the placement of facilmes in the nght-of-way. He advised that the ordinance. that 1 1he subjec t
of litigation in the City and County of Dem·er case . 1s substantially 1milar to this ordinance and man; of
the concerns that Qwest raises here tonight are the subje ct of that l111gat1on . Q"e-t \\OUld sugges 11ha1 the
City wau until some definit ive guidelines are estabh hed by the upreme Coun We an re ro ,nene \\Ith
the staff and the consultant. usin g either thi s as a base or" hate,·er guideline are e tabh hed b; that .:oun
as a base and be able to have a bener c hance of negotiating an ordinance "h1 h doe n ·1 seem o unclear
and open ended with many of the sub stanual prov1S1ons. he sa,d . Yo u ma y get J sug gesti on. fr o m the
consultant to the City that if we do delay 11, that Qwest and other uuhry pronders be proh,bned from
constructing. if we are going to dela y the ord inan ce . lets delay co n tructlon . Again . he aid . I don't thmk
that is necessary given the fact that there ,s an existing law in pla ce and Q"est ,s constru ct in g in the street s
of Englewood, we are pulling pemuts. we are pa ying the required pemut fees and "e are wo rking "11h the
Public Works Department on a day to da y basis to e nsure that yo ur needs and our ne eds are met. To
conclude. he said. Qwest"s posinon is that man y of the prons1ons ofth1 s ordinance are unclear. man y of
them appear to be m excess of the City's jurisdiction or state and federal la" and impose an additional layer
of regulation on an already incredibl y regulated industry . The po si uomng and the suggestio n is thar Qwest
and the tele comrnumcauons industr) ts so mehow a cost burden or a hab,ht) to the 11 y and 1ts
infrastructure . I would argue. he said. that the o pp osite ,s tru e . that the fact that th e Cuy of Englewood
streets being dug up at thi s point is a sign that utilit y pro, 1ders feel that Engle"ood hould be at the
forefront of re cei pt of the ad,·anced and competitive services offered b) 1eleco nu11u111 cat1 o ns and other
ut1hty pronders toda y. The 1996 Act opened the door for the development and depl o)ment o f the se
services and the fact that companies are here prond1ng the se sen ice, to tht· c iti zens and bu ·ine ses o f the
C ity of Englewood. as well as to the City of Englewood . are a sign that thi s 1s a , ery ke y j unsd, uo n fo r the
provision of those services. So therefore , he said. "e would reque ,t that we dela; th, unti l "e get so me
more defimt1ve g uideline s from the Supreme Coun and then recon,ene with the C n y sta ff and C it y
consultant to have more fruitful d1scuss1ons and a mu ch more defimtl\e o rdmance He thanked ouncil for
their time .
Margaret Lejuste , the Director of Government and Conm1umty Affairs for AT&T Broadband. 8000 Eas t
Ihffm Denver. said that Jim Campbell with Qwest has reall y stated. primaril y, all of the concern s that
AT & T Broadband has as well, but she would like to add one other thing . First of all . she said, we re spect
very much the City·s concerns over the nghts-of-way. She commented that this is a new millennium and
we are now faced with a lot more competition and the City is faced with a lot more companies eager to use
the rights-of-wa y. Ms . Lejuste noted that she has been working for the company long enough and anended
the telecomrnumcations meetings long enough to understand what havoc the unregulated use of rights-of-
way can create for the City. And we also. she said, appreciate. very much, a very, very productive and
responsive meeting that we had with Ken Ross where we expressed a lot of our concerns . Mr. Ro ss did
re spond to our concerns and did make several changes to the ordinance. she said. but there are still some
remammg prov1S1o ns that are worrisome . Mr. Ross talked about how this ordinance is focused on new
pro, tders . he pointed out that AT&T Broadband has been providing cable to the Cuy for 20 yea rs . The
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tt y ts fanuhar with us . she said, the City ts fam1har wtth our attempts and our prac uce o f complying wnh
the ordmance as with our franchise . We consider this ordinance, she said . as currentl v wntten. to be ove r
burdensome and tt conflicts in several ways with the franchise agreement we ha ve . \\'e are a h -ays
cornmmed to complying wtth the terms of our franchise agreement , but. she noted . we are very concerned
that some of the provisions in this nghts-of-wa y ordinance are requirements that we will no t be able to
compl y with. such as bringing plans at the very beginning. 111neliness of tell mg the Ctty what we mtend to
do and in a timeframe when we don 't quite know what o ur design will be . Agam, she said . we would hke
to reiterate Qwe st's request that you wait for the Supreme Court de cision to clarify the temis and give us
definitive gu,dehnes. We . again, are very much aware of the City 's concern s and we very much appreciate
the staffs responsiveness to our concerns. but we ask that the City wan to pass this ordinance until more o f
the concerns are settled and we come up with an ordinance that everyone can live wtth and will be ve ry
beneficial to the Cit y. She thanked Council.
Council Member Bradshaw stated she thought the y should give th e pubhc a general idea o f" hat thi s 1s
about. She explained that what happens is when different uuhty companie s co me in to put c ut s in o ur
streets. we have had difficulty in enforcing the quality o f work "hen the y patc h the stree t.
Director Ross said yes. that , as well as the fact that there ha s been a tremend o us gro wth in th e
telecommunicauo n industry in thi s area . For instan ce in Ph oe nix . the y ha,·e ex pl oded fro m thr ee pro\'lders
to 50 pro\'lders in the la st year o r so. He pointed out the s ttuatt on ,_. had wtth \<k leod L'S r\. The y ha ve
no c ustomers in the C ity o f Eng lewood : the y JU St need a wa y to ge t ar o und the metro area an d thro ug h
Eng lewood O b, ,o us ly. he no ted. a lot o f o ur effo rt s here are dire cted at that so rt o f thmg . "here peopl e
are JU St usin g o ur nght s-o f-\\a ) to come thro ugh to wn to get to the more lucratt w part s o f the tty \\here
the y want to provide erv 1ce . s uc h as Inverne ss . Den, er T ec h Center and th e Broo mfield O ffi ce Pa rk.
These are th e ro "n .,e nis 111 th e metro area and Engle"ood 1SJ USt o ne of those c 111 es . at the pre e nt u me .
that are bein g used so the y an get to those gems . So. he said . \\C recognize that and u,e do Ju,e the
co nc ern abo ut o ur n ght -o f-" a y. that every time tt ts cut . th ey deprec iat e th e amo unt o f hfe that "" get
from our street s. Because you JU t an 't get back to where you were . as far as getting it whol e. unk;s yo u
do a re con tru ct. And o b , 1o u I). he noted . that kind of goe to the de gradation part that \\e are not gomg to
address at th 1, time . We are going to wan unttl the Supreme Co urt case 1s heard . Direc to r Ro ad, 1 ed
that "e pu lled the degradatio n iss ue o ff the tabl e . He e xplained that the re soluti on "e will be ·o ns 1denng
lat er o n thi s mont h "di o nl ) addre ss bring in g up our permit proc e s as II c urrentl y exists to c harge the fee
that are mo re rep re emam e o f" hat tt cost us to adrrum ster the nghts -of-wa y ordinance . He po inted o ut
that we a " a te m fi c e.,ample wnh the \1 c l eod 1..i SA s ,ruan on. where ,..e pent o,·er 100 ho ur to proces
thJt pe rn ut an d the perrrut fee \\aS onl y about S JOO 00 He opined tt "as JUSt nd,c ul o us \\'e are no t trying
to ,n rease th e re, enue . he aid. "e are trying to do a better JOb of co, enng the cost o f" hat 11 take s to
adnumster o ur n ght -o f-"ay.
Kenne th . Fellman . 3 3 berry Creek ~onh Drt \'e . Suite 900. in Dem·er. the C at y o f Eng le \\OOd S pec ia l
Co uns el for T el eco mmumcat1 o ns . ad,•1sed that he has been wo rking wnh Co un c il , C it y staff and the
indu s tr y on th, ordinance He said he wa s making note s during Mr. Campbell and '.'vi . l e Ju ste· s test1m o n)
abo ut th e iss ues th ey rai sed and he would like to give Council h,s perspective on those issue . the s pecific
c rn ic1s nis He noted '.\1r. Campbell pointed out two le gal rule s under state and federal law and he would
disagree wh en he aid that state and federal law is fairl y clear. One of the rea sons that. not JU St in Col o rad o
but a l o across the co untry. there has been so much lit1gat1on ove r the Telecom Act ts bec au se 11 1s no t
fairl y dear \t r Fe llman advi sed that Mr. Campbell ,s bas i all y right when he sa ys citie s c annot re g ulate
telecom ser.·, es . We hear that c nt1c1sm about th is type o f an ordinanc e . that this 1s an attempt to regulate
tel cco m servi ces and , he said . nothing could be further from the truth . Thi s 1s no t an attempt to regulate
ser.•1ces. thi s , an attempt to regulate a mass1\'e increa se in the demand. not JU St for tele com compames.
but for all co mpanie s that use public property, your streets. to run their bus ine sses . He explained that that
1s "hat "e are att empting to regulate . usage of public street s . Mr. Fellman noted Mr. Campbell said that
we can ·, ge nerate revenues in excess of costs and he 1s right about that and that ts not what this ordinance
does . One o f the cnttc ,sms was that the ordinance requires that companies provide the loc ation of their
fa ,hues and the fa c 1ht1es of others. Mr. Fellman advised that one of the cnt1c1sms the industry had. ofa
,ery e arl ) draft o ftlus document, was that we don't even know where our own sruff,s. 'They said we have
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had sruffm the streets for year~ and years and year and yo u can't make us map it and tell yo u where 111 s .
To comprorruse to the industry concern. th e requirement was put m that says when you dig. whatever yo u
find m there . you will provide that informatio n to us. So Ken Ross·s depanment will de ve lop maps of
where the electric lines. gas lines. water Imes and all the telecommumcanon lines are and we will have the
benefit of whatever information 1s discovered. So. he pointed out. 11 ,s not an affirmati ve duty to go out
and find where every other companies fac,lmes are. it is to let the C ity kn ow what yo u find when yo u dig ,n
our streets. The second thing he mentioned wa s that It was unnecessary to impose a requirement o n the
specific location of fac11it1e s per whate,·er gu,dehnes the City may come up w11h . Well. he po inted ou t.
technology 1s changi ng ve ry rapidl y, we all know that . Whether the City uses an AutoCAD system or G IS
or whatever the y ma y dec ide to us e. wh y sho uldn't the Ci ty as a landlord require an entity. that is usmg
public propeny. to provide us "llh a descnpt1on of where that propeny is ,n our s treet s m a forrr.a t that 1s
usab le to the C ny> If tha t means , he said . that ultimate ly. so me o f the comparn es that operate m e,ery Cl1)
m the State ma y have to pronde mfo rma11 on m mult iple forn1ats. the y are c hoos mg to basicall y use that
propeny and they are gen mg It rent free . and the tate Sl)S \\e ha ve to gl\e 11 to them rent free. "h)
shouldn't the y have an obl1gat1 o n to s how us where that is" When o mebody 1s gomg to be domg J repair
on a water lme , I think yo u want to know " here the tekco mmumcat,o n h ne, are on top of that '.\,t r
Fellman s tated that Mr. C ampbell said th at there shou ldn 't be a requirement that the se compJ me do
undergroundmg at their own cost. Agam. \tr Fellma n said . that was a comment "e go t from the 1ndu;tr)
m some of the negot1at1 o ns and m1t1all y 11 did say at their own co t. Corre tlv. the industry pointed out.
that there 1s a State Statut e that allows th e crea ti on of pec1al ,mpro,·ement di,tncts \1 r. Fellman e ,p!Jmed
th at. ba ,ca ll y. ,fyou are making ae stheti c change s and yo u \\Jnt to underground. the propen y O\\ners ,n
that area ·an be c harged fo r that So. he noted. the langua ge in the ord man ce doe not Sa). an)more. that
the y undergro und at their O\\·n cost. It was changed to Sa } at no cost to the C11y . o ,f the re 1s a mecharnsm
to charge propeny owners . that can be do ne So that concern ha been add re ss ed . 111s m the ordmance .
section 11 • -15 (C). He advised. re gardmg the requirement of hanng surplus ondmt. agam. that , not to
regulate telecommunicauon services. that 1s not to 1mpo e mt erconnecuon rules . that 1 simpl y the 11 )
anempt to ma ximize the use ofhmited space m th e nghts-of-\\a ) If there ,s surplus condu1111 should be
used b) o ther entitles, if it 1s possible. for a rcasonabk pn e. before ne" digging" done . There 1 abo a
provision that sa ys 1fthey do allow the u e o f their surplus conduit and then the y need 11 . their busmes,
needs ha\'e changed and they now need that. th en the) get 1t ba k o there 1s tle\lb1lit) buil t m there In
res ponse to the comments about the t\\O ·)tar moraton um on the con rrurn on ofnn, ·tre ets. again . "hat
yo u ha"e before you is a compromise . he a,d lmt1all) "e talked abo ut three )ears before you ·ut ,mo a
new street. The mdu stry said how about one and "e co mp romised on m o But there a,e e, epuons and .
using the ,er) e umple \1r. C ampbell used. 1f th e) need to pronde ·en·,ce ,omc\\here. as the) do ha,e
these s tate obl1gat1 o ns. a nd then the y can appl ) fo r a \\al\er. It doe n 't co me to Cuy o un c ,I. "e do11 ·1
have a public heanng on 11 . The City \<ta nager or the Pubh ~ \\'ork s D ir e tor >1gn, o!Ton It \1r Campbell
\\JS nght . he noted. that there ,s a theoreu ca l pos ·1b1lit) that 1f th e Pu blic 11·o rk s Director ,J1d no I'm not
g1v111g )O U that \\al\·e r and no" they can't co mpl y wuh the stat e requirement,. )es the ) \\Ould ha,e 10
, ,olate the o rdmance . But. Mr Fellman stated . th ere 1s a very flexible and ea s) to folio" procedure. \\here
yo u file the paper and say we have to compl y wuh the estate regulauons and )OU get a "al\er
Rememb e r. he said. not every company ha s provider of last re so n obhga11uns . \\'hen a sm:,·t ,so, erb1d .
yo u don 't \\Jnt a company coming m th e \\Ce k after and d1ggmg up the ne" pa\'ement because th ey didn't
ge t m o n it on time . The la st s pecific conce rn that \fr. Campbell rai se d was that the o rd111an ce
contemplates a fre s t.ructure and no fee s ha"e been adopted )Ct and he 1s nght The ult1mate fee structure "'II depend . m pan. on whate,·er d,recuon the Supreme Co un gl\es us m the Den\'er case , if the y g ive
d,rec uon and it ,s likel y the y will. Whether 11 ,-ill ans"er all of the que suon, .. I don't thmk that 11 will.
Mr. Campbell made a statement, and . Mr. Fellman sa id . I'm go mg to atmbute ,t to \1r. C ampbell JUSt
conung back to C olorado re centl y and ma ybe not bemg fam1har -..11h th e specific s of the Den,·e r case But.
Mr. Fellman said , I need to correct the re cord a \1r. Ca mpbdl a,d that 1he Demer o rd mance. that Q"est
c hallenged , 1s s ubstantially s1 nular to thi s ordmance Mr Fellman stre ssed that tha t , ab,ulutel) untrue
The Denver ordmance imposed a per linear foot rental charge. ba ·,call y. on u er ofnght s-of-\\ay and
there is nothing hke that m this ordmance . The depos 111on m th e Den,·er case. o,er ho" the fee s -..ere
deterrruned, took a tremendous amount of time and that 1s not e\'en an 1 ue here . beca use ,,. e are not
imposing any fee s that exceed the actual co t . And. 111 fa t . Mr Fellman a id. a Ken Ross menuuned. the
degradation fee s, which are actual cost s ... and e,en \>Ir. ampbell stated that yo u are all o -..ed to reco,er
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Pa ge 16
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costs . "e are not even imposing th ose degradation fees until the Supreme Co urt rules on that. \-Ir.
Fellma n pointed out that there were a lot of things in the Denver ordinance that are not in 1h1 s ordinance . It
1s hkel y that the S upreme Co urt will not establish guidelines that will an swer all of tht'se questions They
ma y give so me direction and I ho pe the y do . he said. But primaril y. he said . 1 hope the ) give d1rect1 o n on
thi s one issue ... do home rule mumcipa lit1e s ha ve the right to recover all of their actual cos 1s from
telecomm um ca t1on users of the rights-of-wa y·> If tht' answer 10 that que stion 1s no . then the fe t' stru cture
yo u adopt will have to be limited by whatever the Supreme Coun says yo u can re cover. lfthe an "er 1s
ye s, you can recover actual costs. then yo u impose the de~'!"adation fees and if we ne ed to have further
disc us sio ns on whether it is reasonable or not reasonable . then we will have those discussions. \-I r.
Camp bell also said that I might s ugge st to yo u that . since the y are requesting that we dela y adopting the
ordinan ce , that 1 would s ugges t that they delay their co nstruction and, \.Ir. Fellman advised. that ,s nol "ha1
I am going 10 s uggesl. Mr. Fellman sa id that he thmks \-Ir . Campbell is righ110 po int o u1 that there I a
linle bit of an inconsistency there . Mr. Fellman opined that \-la yor Pro T em Bradshaw ·s statement tha1 we
need 10 inform 1he public a little b11 abou1 "hat we are talking abo ut was good . What we are 1alkm g abou1
here ,s 11 is no! like in 1he pas1; we don ·1 have one teleph one co mpany. one cable compan y. one gas and
electric compan y. We have multiple co mpames and so me of " horn. lik e Q\\est and AT&T. have been
around for a long time and some are brand new compames thal. depe ndin g upon 1heir capital 1he y may o r
ma y not be here a year after they get started. We don ·1 kn ow ho" mu ch the y ha ve d ug up the street b) the
time they go out of bus iness . lfnolhing else ... and 1hi s ma y not be the be s1 analo gy. bu1 ,i"s the bes 1
analog y we have ... the te le commumcations industry is changmg from a highly regulat ed mdu stry 10 a ,er~
deregula1ed mdusrry. We have 1wo examples o f what happens nat1onall y. and 1ha1 1s th e airline 111d uslT )
and the rruckmg 111dustry. What you see 1s start up compames co nung in from all o ver 1he pla ce. ge ttm g
into busmes s. lots of capital bemg mvested. followed a co uple of years la1er by consolidat1 ons and lo 1s o f
bankrup1 c1e s. M r. Fellman s1a1ed 1hat thi s ordinance ne ed, 10 co ,er everybody 1hat wanls to use 1he n ghl -
of-way . So 1f Qwest ha s s pec ifi c is s ue s because the y are the pro, 1der of la s1 re sort . he said . we can try IO
address 1hose. bu11he bo nom line 1s \\e can ·1 \\Tile an ordma n e fo r Q"es1. \\e havt' to \\nit' an ord in an ce
for all of the se compame 1hat are co mpetmg for the lim1ted spa ce . I do 1hmk . he sa id . 1ha1 1t 1s so me what
111co ns 1s1e nt 10 s ugges1 to yo u that because 1he Supreme Co un ha s n ·1 ruled yet 111 the Den ver case 1ha1 yo u
should co nunue 10 o perate under a law tha1 ha s n '1 be en modified s m ce 19 85 . He pointed o u1 1ha1 I here
were only a fe " o mpame u mg 1he II ) ·s stree1s in 19 '5 lnd 1he \\Orld 1s d1ffere111 no\\. He said he JUSI
had 1wo poml o n the omme nt s 1ha1 \-largarel LeJUSte made he said 1h e C 11 y 1s familiar \\Ith AT&T, 1ha1
th ey have been here fo r man) ye ar and s he I nghl Bui \\e need 10 cove r everybody. She said the y
cou ld11 '1 co mpl y \\1lh lenmg the II ) kn o " where the y are go mg 10 be . ~Ir. Fellman po 1111 ed o ut 1ha1 a IOI
of" ha1 1, m 1h1 orJ mance ~ ou "111 ,ee 111 cable ordmances. Wh ) s houldn ·1 non-c able co mpames be
obliga1ed IO pro\lde 1he ;,ame mformauon about 1heir fa lime s·> It shou ldn ·1 JUSt be 1he cable co mpames.
To me, he ,a1J. 1here 1 1101 a 101 m 1h1 s ordman e , as far as plaMmg mceungs and p rov1dmg mformat1 on
aboul "here the fa 1h 11es are m the ngh1,-of-\\J ). tha11 s 1101 already m AT&T"s franchi se wnh Denver tha1
1hc) sig ned lat ye ar, their ne" cable fran chise . In foci. he pomted o u1. a 101 of the language in here . th e
G'.\·lT , the rea1er '.\l etro Tele o mmu111ca11on Consorti um. 100k n gh1 o ut of 1hat franch ise agreement
because n \\JS n I cable-on!) re!J1ed . 11 "•-ngh1-of-"a) management rda1ed and so 1he y moved 111111 0
1h1s ngh1 -o f-wa y o rdman e . 1 re ·ogi11ze . Mr. Fellman said . tha1 the y s ull have conce rn s and . as Direc1or
Ross stated m h1 1111t1al comments. the G '.\ITC ha s benefiled md1re c tl y b y 1he meetings Englewood and
Lafa ye n e ha,e had wnh the mdustry. And. as other cities are ho ldmg meetings. 1he G\.ITC mo del
agreement 1s gomg 10 be funher modified. Mr. Fellman s1a1ed that he is nol na·i,·e enough 10 beli c,·e 1ha1
we "111 ever get to th e po m1 "here bo1h the local govemmenl sid e and 1he mdustry side are go mg to say Wt'
low 1h1 s ordinance '.\I r Fell nun s1a1ed he doe s believe .. and he fe lt 1he mdustry repre se ntau ves wh o are
here 1omgl11 ha,e said 1h 1s and \\Ould sa y 1t again ... 1ha1 \\e are a 101 closer than we were a few months ago
and be au e of 1heir pamc1 pat1on 1h1 s 1s a much bener ordinance . Bui, \-Ir. Fellman said . I thmk yo u need
10 do ome1h1ng and if)ou go an) funher i1jus1 gels 100 wa 1ered do"'' "here ii 1s 1101 reall ) ,cry effcc t1,e .
He said he "ould be happy to ans"er any que stions .
ounc1l \-!e m ber Brads ha" asked 1f \-Ir. Fellnun was pleased \\llh 1he produ I the) ha , e 111 from of 1hcm.
a1 th1 pomt. Mr. Fellman said l 1hmk so, l 1hmk It 1s a good product and 11 1s also a produ 11ha1 ha s a IOI or
o mp ro m1 se m 11. Ms . Brads haw thanked him .
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Mayor Bums asked 1fCounc1l had any other co nunents .
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Coun ci l Member Wolosyn tated that s he appreciated the answers to the questions. She thanked Mr.
Fellman.
, .
Mayor Bums sa id yes, he though! that was very helpful and he thanked Mr. Fellman and Mr. Ross .
Mayor Bums asked 1f anyone else wished 10 speak to thi s ordmance. There was no one else preseni to
speak.
COUNCIL MEMBER BRADSHAW ~10VED. AND IT WAS SECONDED. TO CLOSE THE
PUBLIC HEARING TO GATHER INPLT ON COUNCIL BILL NO. 40. Ai\lE'IDl'IG THE CITY
OF ENGLEWOOD'S RIGHTS-OF-WAY ORDINANCE.
Cou n 11 Members '.'labholz. Bradsha"-, Wolosyn . Yurc h1 ck.
Grazuhs. Burns
Ayes :
Nays : None
Abstain : Coun c il \'!ember Garren
Motion carried and the Public Heanng dosed
Council Member Garren returned to the dais .
10 . Consent Agenda
COUNCIL MEMBER GARRETT MO\'ED, A.'ID IT WAS SECONDED. TO APPROVE
CONSENT AGENDA ITEMS 10 (a) (i), 10 (b) (i) THROLGH (xiii) and 10 (c) (i) and (ii).
(a) Approval of Ordinances on First Reading
(i) COliNCIL BILL NO . 87, P.-.TRODliCED BY COL'l'-CIL ',,!EMBER
GARRETT
A BILL FOR AN ORDINANCE APPRO !'NG A:S: 11'TERGOVER."1MDITAL AGREEME:ST WITH
COLORADO STATE UNIVERSITY (CSL:) FOR THE COOPERATIVE RESEARCH PROJE T 0:--i
LAND APPLICATION OF SEWAGE BIOSOLIDS ON DRYLAND WHEAT.
(b) Approval of Ordinances o n Second Reading
(i ) ORDrNA:S:CE NO . 1. SERIES OF 2000 (COL"NC IL BILL :-,10 . 73,
INTRODUCED BY COUNCIL M EMBER GARRETT)
AN ORDINANCE OF THE CITY OF E:-.JGLEWOOD. CO LORADO ACTHORIZl:S:G A'.'\D
APPROVING THE LEASE-PURCHASE OF NETWORKING EQ UIPME:S.T FOR THE C IT Y A'.'<D
PROVIDING DETAILS IN CONNECTION WITH THE LEA SE-PURC HASE OF THE EQt.:IP'.\>I E'.'\T
(ii) ORDI NANCE NO . 72 , SERIES OF 2000 (COL~CIL BILL :-JO . 75.
INTRODUCED BY COUNCIL MEMBER GARRETT)
AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACli DOLLAR OF THE ASSESSED
VALUATIO OF ALL TAXABLE PROPERTY WITHIN THE CITY OF ENGLEWOOD. COLOR.A.DO .
A'.'ID ESTABLISHING A MILL LEVY FOR THE ENGLEWOOD DOWNTOWN DEYELOPME'.'IT
A THORITY .
(iii) ORDINANCE NO. 73, SERIES OF 2000 (COUNCIL BILL NO. 76,
INTRODUC ED BY COUNCIL MEMBER GARRETT)
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AN ORDl)IANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD. COLORADO. FOR
THE FISCAL YEAR 2001.
(iv) ORDINANCE NO . 74. SERJES OF 2000 (COUNC IL BILL NO . 77 ,
INTRODlJCED BY COl.iNCIL MEMBER GARRETT)
AN ORDINANCE APPROPRJATING MONIES FOR ALL ML-:--ICIPAL PCRP OSES 1:,; THE CITY OF
ENG LEWOOD , COLORADO . 11' THE FISCAL YEAR BEGI1,/N ING JA r,n;ARY l. 2001. AND
ENDING DECEMBER 31, 2001. CONSTITUTING WHAT IS TER.\1ED THE A'.\c\it;AL
APPROPRJATION BILL FOR THE FISCAL YEAR 2001.
(v) ORDINANCE NO . 75, SERJES OF 2000 (COL'l\C IL BILL SO. 7 .
INTRODl..:CED BY COUNCIL MEMBER GARRETT)
AN ORDINANCE A.\1END1NG TITLE 11. CHAPTER 1. SECTI01' l. OF THE E:,;GLE\\'OOD
MUN ICIPAL CODE 2000 BY THE ADDITION OF TWO NEW SL,13SECTI0NS 5 A"D 6. REL A TI'.\'G
TO MINIMt:M STANDARDS FOR COMMERCIAL VEHICLES .
(v1) ORDINANCE 1'0. 6. SERJES OF 2000 (COL '":'.CIL BILL :-:o . 79.
INTRODl.:CED BY COU'.\'CIL MEMBER GARRETT)
AN ORDINASCE AMENDl:-.!G TITLE l , CHAPTER 6C: TITLE 3. CHAPTER 5: TITLE 3. CHAP TER
6: TITLE 7. CHAPTER 7: TITLE 8, CHAPTER 38 ; TITLE 8. CHAPTER 5, SECTIONS 9 A:,;D 13 :
TITLE 11. CHAPTER 3C: TITLE 16 , CHAPTER 2; TITLE 16, CHAPTER 4; A'.'ID TITLE 16.
CHAPTER 5 OF THE ENGLEWOOD ML""'ICIPAL CO DE 2000. PERTAINING TO CO RRE CT IOS S
OF CODIF I A TIOl\.
(vu ) ORDINANCE NO . , SERJE OF 2000 !COLC'CIL BILL NO . 80.
r\'TRODL'CED BY COL,""'C IL MEMBER GARRETT )
Al\ ORDl:S:A:,;CE AlJTHORIZI'.\'G AN INTERGOVER.'s'.'v!E:,;TAL AGREEMENT WITH SOLTH
METRO FIRE RESCt:E E:'.:TITLED "Mt:Tl.iAL AID ALTOMAT IC AID AGREEME'.\'T (F IRE) 2000"
FOR MUTCAL A 'TOMA TIC AID FOR FIRE PROTECTIO:S: FROM BOTH ESTITIES .
(\'111 ) ORDINA:,;CE :,;o . . SERIES OF 2000 (COLc'IC IL BILL :-:o . l .
l'NTR ODCCED BY COLi\'C IL MEMBER GARRETT)
AN ORD IS ANCE AMENDING TITLE I, CHAPTER 5, SECTION 2. SUBSECTION 9 . OF THE
ENGLEWOOD ML'NICIPAL CODE 2000, REG ARDI:-.!G OATHS .
(1x) ORDINANCE NO . 79 , SERJES OF 2000 (COU'l\C IL BILL NO . 82 .
INTRODUCED BY COUNCIL MEMBER GARRETT)
AN ORDINANCE AUTHORIZING AN AGREEMENT TO EXCHANGE REAL EST A TE BETW ED/
POA G AND McEWEN LIFESTYLE CENTERS-LITTLETON L.L.C . AND THE CITY OF
ENGLEWOOD , COLORADO .
(x ) ORDINANCE 0 . 80, SERJES OF 2000 (COL,'NC IL BILL NO . 83.
INTRODL'CED BY COUNCIL MEMBER GARRETT)
AN ORDINANCE A T HORIZING A "LICENSE AGREEMENT" FOR THE CITY DITCH TO POA G
AND McEWEN LIFESTYLE CENTERS-LITTLETON L.L.C .
(xi) ORDINANCE NO . 81, SERJES OF 2000 (COUNCIL BILL NO . 84,
INTROD UCE D BY COUNCIL MEMBER GARRETT)
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AN ORDINANCE AUTHORIZING A "GRA NT OF CONSTRUCTION EASEMENT' FOR THE CITY
DITCH TO ASPEN GROVE Bt.:SINESS IMPROVEMENT DISTRICT. A QUASI MUNICIPAL
CORPORATION (BID), POAG AND McEWE LIFESTYLE CDITERS-UTTLETON L.L.C.
(xii) ORDINANCE NO. 82, SERIES OF 2000 (COUNCIL BILL NO. 85.
INTRODUCED BY COUNCIL MEMBER GARRETT)
AN ORDINAi'ICE AUTHORIZING THE PURCHASE OF 2357 WEST WESLEY AVE~l.JE BY THE
CITY OF ENGLEWOOD, COLORADO.
(xiii) ORDINANCE NO . 83 , SERIES OF 2000 (COUNCIL BILL ~o . 86.
INTRODUCED BY COUNCIL MEMBER GARRETT)
AN ORDINA~CE AUTHORIZI1'G THE Pt.:RC HASE OF 2399 WEST WESLEY A VE'.\"t;E BY TH E
CITY OF ENGLEWOOD, COLORADO.
(c) Resolutions and Mouons
(i) RESOLliTIO:-,.; :,.;o 9 . SERIES OF 2000
A RESOLUTI01' At;THORIZl-:,.;G THEE' L WOOD PCBLI LIBRARY TO l'.\1PLE:-.I E:-;T TIi i::
ANNUAL "FOOD FOR Fl1'E "PROGRAM FRO'.\I :-,.;O\'EMBER 13. 2000 THROCGH DE E'.\18 1::R
15 , 2000.
(ii ) AL 'THORIZl-:-.:G THE LIBRARY DEPARTME~T TO APPLY TO THE
STATE OF COLORADO FOR FL"'-D L "SDE R THE A'.\'l\1..!AL ST A TE GRA"iTS TO LIBRARIES
PROGRAM .
Vote results:
Ayes:
Nays:
Motion carried.
Counc il '.\!embers !'iabholz, Garren, Bradshaw. WoloS)11 .
Yurcluck. Grazuhs, Bums
None
11 . Re&ular A&eada
(a) Approval of Ordinances on First Readmg
There were no addiuonal items submined for approval on first readmg. (See Agenda Item 10 -Consent
Agenda.)
(b) Approval ofOrdmances on Second Readin g
(i) Council Bill No . 74. amending Title 5. Chapter 26 of the Englewood Municipal
Code pertaining to trash haulers was considered.
Director Gryglewicz advised that this make s changes to Title 5, Chapter 26, which is the li censing of trash
haulers . What this does, he explained, is limit trash collection to two days of the week, Mondays and
Wednesday 's and it makes provisions for alternati ve pick-up days for inclement weather and missed pi ck-
ups .
Mayor Bums stated there has been a lot of confusion about this ordinance . There have been a lot of phone
calls and leners we have received, he said, from folks who think we are restricting the number of haulers
and that the public doesn 't have the freedom and ability to hire their own hauler. Mayor Bums asked
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Director Gryglewicz to speak to that. Director Gryglewicz stated that. 10 lus knowledge. none of the
haulers who are presently licensed. are not going 10 pick -up ... they are going 10 continue io pick -up . the y
are just gomg 10 alter the tr schedules.
Mayor Bums said he understood this will also give the City some advantage m enforcing the ordinance on
puning out the trash al enain tunes and whatever. He asked 1f that was correct. '.\'1a yo r Bums asked ho"
tlus ordinance will assist the City m enforcing tts trash collection ordinance. Duector Gryglew,cz
explained that 1ftrash ts out. sa y. on Tuesda ys and that 1s not the da y after a holtda ~. or Frida y. the da y that
ts not authorized. then that allows our Code Enforcement people to kno\\ that that tra sh ,s out there o n an
unauthorized da y. which can lead to a lot of problems. of trash gening knocked o ,·er and 11 1s JUSt ge nerall y
unsightly.
Council Member Bradshaw said she wanted to say, again. that all of our resident s ha ve the freedom io
choose their own trash hauler and thi s is JUSt going to help us enforce so me of the rules that \\C ha, e
Director Gryglew,cz said absolutel y and hopefull y thi s will redu ce some of the un sightliness of hanng
trash out all the ume . rru ks that can go do wn every da y o f the week and reduce so me of the \\ear and tear
on our streets .
Council '.\1 e mber Bradshaw noted that . in essenc e . the same tru cks will be go in g do"11 . but there" tll be
cenain da ys that people put their trash out and there will be fo ur da y that tra h "ouldn't be out on th e
streets . Director Gryglew,cz said yes .
Council Member Nabholz advised that she had several call s from Virginia Smtth and Ben y Acker and the y
are concerned that. number one. they didn 't want the change and number 1:wo. the y are conce rn ed as the y
are receiving senior discount rates. currently. from their trash hauling company and they wanted to mak e
sure that Quality Trash Hauling Service has been placed in the bid process . Ms . :slabholz said she
understand s the y are new in Englewood and the y don ·, have that many trucks . She said she appreciated the
amcle that came o ut in the Herald that explained that we are not semng up a monopol y. that we are
required 10 ha ve a trash service and this is the best soluuon 10 cut down on the wear and tear on our streets .
Co un 11 '.\1ember Garren advised that he ha s had a coupl e of call s as well . One dealt \\1th co mmercial
estabhshments. that he did not beheve \\ere covered by thi s ordinance. and two . the y \\ant ed to mak e sur e
that churches qualify as a conunerc1al estabhslullent under the ordinance. Directo r Gryglew1cz stated that
this only impacts residenual pick-up.
Co uncil ',,!ember Grazuli s said she too has received man y call s on 1b1s and the one compan y, Qualtt~. that
does give the senior di scount. onl y pick s up on Tuesda ys . That. she said, 1s her concern.
Counc il Member Bradshaw noted that if people have their trash out for pick-up on Monday or Wednesday.
then T ue sda y 1s still in that parameter. She as ked 1f 1ha1 ts true . Director Gryglewicz asked that she repeat
the question . Ms. Bradshaw pointed out that one ordinance we ha ve says you can put your trash out up 10
24 hours ahead of time . so that means Sunday for '.\1onda y or Tuesday for Wednesday.
Co un c il Member Garren noted Qualny only picks up on Tuesdays so ma ybe the y could adjust II to
Wednesda ys .
Counc il Member Grazulis renerated that she is concerned about that.
Counc il Member :slabholz asked tf they thought it wa s nme to bring the trash haulers 10 the table once
again. even though 11 has been discussed for five years and discuss with them. once again. what our needs
are . what our c 111zcns needs are . She asked if they thought that was going overboard.
Mayor Bums commented that this thing has been studied to death, that our Code Enforcement people have
JU St worked and worked and worked on this. He said he thought we dtdn ·, have any haulers who were
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refusing to pick-up on the prescribed days . Director Gryglewicz said that. to his knowledge . none of our
licensed haulers have declined to participate .
Council Member Grazulis asked if it was true that BF! was only going to do it on a Thursday or Fnday.
Director Gryglewicz said it was his understanding that the y would rearrange their schedule and pick-up on
Monday and Wednesday. Ms . Grazulis said that was good. because she thought she had heard at one ume
that it was going to be a year. Council Member Wolosyn advised that they already pick-up on Mondays .
Council Member Bradshaw stated that it was Waste Management that said it would take a year to change
their schedule, but then we chose to select the days the y are here . therefore there should not be a problem.
Mayor Bums asked if we could find out about Quality, be cause that is the one he Jus t heard about to ni ght.
Council Member Bradshaw stated Quality picks up on Wednesdays .
Council Member Nabholz said the y may do Monda y and Wednesday. she JUSt didn't know . The y are a
new trash company. JUSt gening started and the y have very neat. clean trash trucks .
Council Member Bradshaw no ted somebody in the audience rrught kno"
Director Grygle"1cz said he was not aware of an y haulers "ho could not \\Ork mt o the
Monda f Wednesday schedule .
Mayor Bums suggested they make sure . because ouncli 1s co nce rned about that.
Council Member Garren asked 1f the y were gomg to dela y the ordmance
Ma yor Bums commented that he thought it would be wise . if th ey are gemng the repon that ome of them
are not picking up on these da ys and there are senior di scounts m,·olved. that he th ought we needed to
clarify that .
Cit y Manager Sears advised that we can do a follO\\ ·UP w11h all of the rra h haulers.
Council Member Bradshaw suggested they bnng this ordmance back on the 20••.
COUNCIL MEMBER BRA.OSHA W MOVED. A>'iD IT WAS SECOSDED. TO CO~Tl~L'E
COUNCIL BILL NO. 74 TO NOVEMBER 20. 2000.
Ayes : Council Members Nabholz, Garren . Bradshaw. Wolosyn .
Yurchick, Grazulis. Burn s
Nays : None
Motion carried .
Mayor Bums noted the y would continue thi s rnaner to the 20th and erify that all the trash haulers are m
lme with the proposed ordinanc e .
( c) Resoluuons and '.\fotions
There were no additional resoluuons or motions submined for approval. (See Agenda Item IO -Consent
Agenda .)
12 . General Discussion
(a) Mayor's Choice
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(i) Mayor Bums thought eve'.lone had received a copy of the agenda for the Metro
Mayor's Caucus Meeting to be held on November 17 here in our Conununity Room. He said it was the
first rime in the seven year history of the Caucus that the meeting will be held in Englewood. because we
now ha ve a facility large enough for them to meet in . He invited all of the members of City Council to
anend. Mayor Bums noted they have quite an agenda and some very interesting speakers. as the y can see
from the list . The Caucus will be deciding what their role should be in the next couple of years and also
reviewing what happens in the election tomorrow with all the ballot issues . It will be a very interesung
meeting, he said, and we will serve breakfast. He encouraged all of Council to anend.
Council Member Grazulis asked about the time . Mayor Burns advised II will be held from 9 :00 a .m. to
noon on Friday . the 17"'.
Council Member Bradshaw noted she will be unable to anend. as she will be tea c h1D g dunng that time
(b ) Counc il Member's C hoi ce
(i) Council Member Nabholz said that !'vi.ark \1aluc c1, who ·s daughter was m
Children's Hospital three years ago, brought six videos and discovered that the parents on the fifth floor
were fighting over those videos . This 1s will be !us third ye ar. the Malucci Dnve for Children 's Hospital.
and the y are looking for videos . even if yo u make yo ur own videos. VCR 's. play stanons . cash. She said
let's get these kids something to watch . Brian Griese has ste pped up the plate and will be o n board as well
Ms . , abholz advised that she spoke to Director Black and II is so mething that the Parks and Re crea ti on
Youth Advisory Council will be working on . Hopefull y. we can put a j ug here at City Hall and o ne at the
!'vi.alle y Ce nter. Let's get these kids some vi deos to watch. she sa id . be ca use the y are so sick in bed. and
sometimes the y are not able to go down to the activity room or read .
Council Member Bradshaw said it is a good idea .
(ii) Council Member Garren commented that when he was sinmg ID the bac k 1t so n
of brought up his memory of the old da ys ofsinmg in hi s so uthern church ... the hard pews . He said he ha s
a lot more sy mpathy for the people si ning o ut there than he did. unul he went out and sa t , 1th them. One
day. he said. th e y took up a collectio n and got cushions and that reall y made a difference . He said we
nught want to consider that sometime in the future for e , eryone to sit on. because thos e are pretty hard
benches for our longer meetings .
Co un cil Member :-.labholz said that "as a good po int .
(ii ,) Council Member Bradsha\\ remmded Council that the y wi ll no t ha,e a Stu dy
ess,on next Monda y nig ht. She no ted Coun c il will ha, ea re gular Study Ses sion a nd reg ular Coun cil
Me etm g on the 20 "' of :-.lovember.
(iv) Council Member Grazuhs said she wanted to let people know that the
Eng le"ood Hi sto ri ca l Society is ha vi ng a program thi s Thursday evening , ID the Community Room here, at
7:00 p.m. It ,s a one-woman pla y about Molly Br0 \\11 . Ms. Grazulis said II is very , very well done. that she
has seen 1t before with all the cos tumes . She mvned everyone to come . She said it ,s free .
* * *. *
Counc il Member Bradshaw offered a reminder of the meeting tomorrow night, here, at 5 :00 p .m. with the
Englewood Downto.,..11 Development Authority and four members of Council upstairs in the Cit y Manager
Conference Room.
13. City '.\1ana1er's Report
(a) City Manager Sears noted there were two issues on the Study Session earlier tonight.
One relates to mo ving ahead with the RFP 's and the other relates to the Transportation Management Plan .
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He said he would like to put those off to the 20th unl es s there was a feelin g amo ng ta ff that they nee de d
direction tonight from the Council to proceed.
Director Ross ad, ,sed that he put to gether a sc hedule . whi c h 1s m the Coun c il pa c ket and . un fo rtunat el y. 1f
he doesn 't get direction tonight he will start losmg time on that sc hedule . so he JU St wanted to call that to
City Counc il"s anen11on . He noted that ,f,.e don·t ha,e project complet1on by November 9. 200 1 and \\C
push it back a couple of weeks . 1f Council has no problem wnh that. then the y can push it back to
November 20th .
Council Member Bradshaw asked 1fth1s is for the Englewood Transportation Plan. Director Ross said that
is correct.
Council Member Bradshaw advised that she read 11 and she saw nothing "TOng with it.
Mayor Bums said he read it . too . He asked 1f an yone on Council had any questions about 11. ~fa ~or Bums
stated that he was prepared to go ahead with 11 after re vi ewing 11 . He said 1f Director Ros s needed dire ·uon
tonight, in a Study Session format. that he thou ght the Counctl had indicated tbeu appro val and ,s
supportive of going ahead w11h th e RFP and kee p mg on sche dule
Council Member Bradshaw noted the other thm g "as Bo b 1mpson ·s. Coun cil \!ember \\"o lo,yn ·a ,d that
she would like an opportunity for more di sc us sion on that .
Counci l 'vlember Bradshaw asked 1ftha1 ha s alread ) been through EDDA Dare to r Sampso n adnsed that It
has been revie wed b y EDDA and ,n fact . what Co un cil "111 see m the ir attac hed me mo . 1 that the ~ ha , t'
received conunents from them and responded m kind to each one of th ose iss ue s. We beli e, e tha t mu h of
that informauon has been included . he said. and we would be happ y to go o,er that w11h Coun 11. We are
also very pleased to talk to EDDA on Wedne sda y about thi s. too. he said . Director S,mp on ad , ,sed that
the y can dela y this .
Ma yor Bums asked 1fthey are go ing to hav e a prons,on that no one wh o ,s an applican t can e n e on th e
review comnunee. Duec tor ,mpson said. 1ftha1 ,s Counc tl"s direcuon. the y can make sure that is
included . Counc il Member Bradshaw said yes. Mayor Bums opined that that ,s JU St mandatory . Coun cil
Member Bradshaw stated 111s critical. Director Simpson said okay.
In response to Council Member Nabholz. Council 'vlember Bradshaw explamed that thi s is fo r the
Developer Qualifi c ations for Acoma and Elati .
Mayor Bums asked if that wa s suflic ,ent duecti on . Director Simpson said yes 11 ,s .
Counc il Member :'Jabholz advi sed that Sam Kaufman called her. along w11h a message . that he was ver y
pleased and he had three problems that came up , but the y were handled very quickl y so he wa s ve ry
impre ssed and for once he ha s no problems w11h up and down Broadway. So. kudos to you. she said , goo d
JO b.
(b ) C11y 'vlanager Sears advised Counc il that he . Chris Olson and Jim L;lrich . would be 111
Enmutsburg, Virgm1a , next week. for a Federal Emergency Management Plan with about 60 people fr om
Arapahoe County. He said 11 is paid for by the Federal Government and he felt 11 was kmd o f important
that Engle"ood have a presence there , because we need to be c oordinated w11h the County in a ny type of
emergency s1ruauon . We will be there for the ent ire week. from Saturday to Fnday of the next week , he
said. but ""e will keep the Council posted.
(c) City Manager Sears said he would like to ask the Council to go into Executive Ses sion
for a hort pmod ofume and potentially come back and finish the meeting regarding a real estate issue .
14 . Cit)' Allorney's Report
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City Attorney Brotzman did not have any matters to bring before Council.
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO GO INTO
EXECUTIVE SESSION REGARDING A REAL EST A TE ISSUE.
Ayes :
Nays:
Motion carried.
Council Members Nabbolz, Garrett, Bradshaw. Wolosyn.
Yurchick, Grazulis, Bums
None
The meeting recessed at 9:40 p.m to go into Executive Session .
The meeting reconvened at 9:52 p.m. with all Council members present .
COUNCIL MEMBER GARRETT '.\tOVED. AND IT WAS SECONDED. TO END THE
EXECUTIVE SESSION.
Ayes :
Nays :
Motion carried.
Council Members :-labholz. Garrett. Bradshaw. Wolosyn.
Yurchick. Grazuhs. Burns
:-lone
Mayor Burns stated they bad no Council acuon to repon at this time.
15 . Adjounmeat
EMBER NABHOLZ '.\tOVED TO ADJOURIII . The meeting adjourned at 9 :53 p .m .
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PUBLIC COMMENT ROSTER
AGENDA ITEM 7
UNSCHEDULED VISITORS
NOVEMBER 20, 2000
NON-SCHEDULED VISITORS MAY SPEAK FOR A MAXIMUM OF FIVE
MINUTES. EACH PERSON WISHING TO SPEAK SHOULD SIGN THIS
PUBLIC COMMENT ROSTER, STATING NAME, ADDRESS, AND TOPIC
OF COMMENT.
PLEASE PRINT
NAME ADDRESS TOPIC
C8 17 7y
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2001 Calendar Artists
/ Elimar Machuca -Cover -exchange student from Venezuela attending 11 1
grade at EHS
/ Connor Powers -January -2nd grade -Charles Hay
v Crystal Patton -February -Senior at EHS
..;'Briggs Buckley -March -3rd grade -Charles Hay
/Jon Allyn Marine -April -Senior at CFAHS
y'Jill Crawford -May-4th grade -Clayton
/TerraRose Puncerelli -June -Kindergarten -All Souls
i/ Benjamin Kebba -July -2nd grade -Clayton
./ Brendan Sullivan -August -Senior at EHS
/ Jacob Draper -September -3rd grade -Clayton
I Nicholas J . Neumann -October -3rd grade -Charles Hay
/ Tyler J. Neumann -November -2nd grade -Charles Hay
/Kpu-foatherine Fields -December -6th grade -Flood Middle School
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Student Artist Recognition
W e 're plea se d thi s evening t o be ho n o rin g th e stud e nt a ni st s wh ose wo rk is
featured in the Englewo od 2001 C al e nd a r -a ce le bra ti o n o f s tud e m a n . Th e C it y
he ld an a n contes t tha t wa s ope n to a ll stud e nt s wh o li ve o r go to sc hool in
Englewood. We re ce ived 200 entri es fr om stud e nt ~ in publi c sc hools, pri va t e sc hoo ls,
and home-school s in En glewood . Thirt ee n e ntri es we re chose n : o n e fo r eac h mo nth .
plu s the cover.
The artwork wa s chosen by a se lec ti o n pane l ma d e up of C ity Coun cil
Members and Englewood 's Cultural Arts Co mmi ss io n . Th e se lectio n pa ne l co mi s ted
of: Mayor Pro T e m Bev Brad shaw; C ity Council M e mbe r Juli e G raz uli s: C it y
Council Member Olga \.\1o lo syn ; C ultural Art s Commi ss io n C h a ir Eri c Be n o lu zz i:
C ultural Art s C ommiss ion e rs Joe l Burrage, John Gat es, Rose mary La Pona , Ray
To ma ss o , and M a ry Lynn Baird , wh o se rv es as a sc hool liai so n to th e C ultural Art s
C ommi ss ion .
C hoos ing ju s t thirtee n pi eces o f an to includ e in th e ca le nd a r out o f th e ma ny
wo nd e rful e ntries we re ce ived wa s not a n ra,y ta sk-thanks to the se lec ti o n pa ne l
fo r their e ffo n s.
W e will be re turning the arti st s' o ri gin a l artwo rk thi s eve ning . W e've had th e
pi eces ma tt ed and fram ed . The arti st will a lso rece ive a gift ce rtifi ca t e t o Ho bby
Lo bby that they can u se t o buy art suppl es. W e'd like to o ffe r a sp ec ial thanks t0
A & B C u stom Framing he re in Engl ewo od for providing a ge ne rou s di sco unt on th e
co st s of the framin g .
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And the 200 I Calendar artists are ...
Elimar (Eli) [ELLIE) Machuca [MACHOOKA]. an exchange student from
Venezuela attending 11 'h Grade at Englewood High School. Eli 's artwork ,
"Faces," appears on the cover of the Calendar.
Connor Powers, a 2"d Grader at Charles Hay Elementary School. Connor's
"African Mask " appears in January .
Crystal Patton, a Senior at Englewood High School. Her painting "LOOK ,"
graces the month of Febmary .
Briggs Buckley, a 3 "1 Grader at Charles Hay Elementary. Briggs· "Inspired
Animals" appears in March.
Jon Marine, a Senior at Colorado's Finest Alternative High School. John 's
anwork appears in April.
Jill Crawford, a 4t1, Grader at Clayton Elementary School. Jill's artwork, "Jill -
Bright and Beautiful ," appears in May .
TerraRose Puncerelli, a Kinderganner at All Souls School. TerraRose 's
watercolor, "Crazy Rainbow ," appears in June .
Benjamin Kebba, a 2'ld Grader at Clayton Elementary. Ben's artwork. a torn
paper collage entitled "Ben ," appears in July .
Brendan Sullivan, a Senior at Englewood High School. Brendan's oil painting
"Rain Frogs ," appears in August.
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Jacob Draper, a 3rd Grader at Clayton Elementary . Jacob 's pastel piece , "Yummy
-Rainbow Trout ," adorns the month of September.
Nicholas Neumann, a 3rd Grader at Charles Hay Elementary . Nick 's artwork ,
"Nick the King ," appears in October.
Tyler Neumann, a 2nd Grader at Charles Hay Elementary . Tvler 's "Warm
Chicken on a Cool Background" appears in November.
Catherine Fields , a 6th Grader at Flood Middle School , is unable 10 be with u s
this evening, but we 'll make sure she gets her artwork and gift certificate .
Catherine's painting appears in December.
Congratulations once again to all of the artist s whose work appear~ in the
Englewood 2001 Calendar. Thank you for coming thi s evening so we could re COJ.,rni ze
your talent s and your creativity. And thanks to ALL the arti st s who entered the
student art contest .
There are plenty of calendars availabl e in the back of the room --make ~ure
you take some home with you before you leave thi s evening.
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RESOLUTION NO . _1L
SERIES OF 2000
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A RESOLUTION APPOINTI NG ED NA BLAIR TO THE CODE ENFORCEME NT
ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD , COLORADO .
WHEREAS , the Englewood Code Enforcement Advisory Committee was established by
the Englewood City Council with the passage of Ordinance No . 71 , Series of 1997 ; and
WHEREAS, Edna Blair has applied to serve as a member of the Englewood Cod e
Enforcement Advisory Committee ; and
WHEREAS , Edna Blair was named as an alternate to the Englewood Cod e Enforce me nt
Advisory Committee ; and
WHEREAS, the Englewood City Council de s ires to appoint Edna Blair to the Englewood
Code Enforcement Advisory Committee;
NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO , THAT :
Sectjon 1. Edna Blair is hereby appointed to the Engle wood Code Enforcement Advi sory
Committee. Edna Blair's term will be effecti\'e immediately and will expire October 1,
2002 .
ADOPTED AND APPROVED this 20•• day of November, 2000.
ATTEST: Thomas J . Burns, 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 2000 .
Loucrishia A. Ellis
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RESOLUTION No.1.J__
SERIES OF 2000
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A RESOLUTION APPOINTING MARTI OLSEN TO THE CODE ENFORCEME NT
ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD , COLORADO .
WHEREAS , the Englewood Code Enforcement Advisory Committee was established by
the Englewood City Council with the passage of Ordinance No. 71, Series of 1997 ; and
WHEREAS. Marti Olsen has applied to serve as a member of the Englewood Code
Enforcement Advisory Committee; and
WHEREAS, Marti Olsen was named as an a lternate to the Englewood Code Enforcement
Advisory Committee ; and
WHEREAS , the Englewood City Council desires to appoint Marti Olsen to the Englew oo d
Code Enforcement Advisory Committee;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO , THAT :
Sectjpn l. Marti Olsen is hereby appointed to the Englewood Code Enforcement
Advisory Committee. Marti Olsen's term will be effective immediately and will expire
October 1, 2002 .
ADOPTED AND APPROVED this 20'" day of November, 2000.
Thomas J . Burns, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis. City Clerk for the City of Englewood , Colorado . hereby ce rtify the
above is a true copy of Resolution No._, Series of 2000 .
Loucrishia A. Ellis
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ORDINANCE NO ._
SERIES OF 2000
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BY AUTHORITY
A BILL FOR
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COUNCIL BILL NO . 88
INTRODUCED BY COUNCIL
MEMBER~~~~~~
AN ORDINANCE APPROVING THE RENEWAL OF AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF ENGLEWOOD , COLORADO AND
ENGLEWOOD PUBLIC SCHOOLS WHEREBY ENGLEWOOD WILL PROVIDE
ENGLEWOOD PUBLIC SCHOOLS WITH VEHICLE MAINTENANCE .
WHEREAS, the City of Englewood has been servicing the Englewood Public School s
vehicles since December, 1992 ; and
WHEREAS, the City of Englewood and Englewood Public Schools desire to renew
the agreement whereby Englewood provides Englewood Public Schools with vehicle
maintenance ;
NOW, THEREFORE. BE IT ORDAINED BY THE CITY COU:-JCIL OF THE CITY OF
ENGLEWOOD , COLORADO , AS FOLLOWS :
Ses;tjon 1. The intergovernmental agreement between Englewood Public Schools
and the City of Englewood, Colorado for vehicle maintenance , attached as "Exhibit A',
is hereby accepted and approved by the Englewood City Council. The Mayor is
authorized to execute and the City Clerk to attest and seal the Agreement for and on
behalf of the City of Englewood, Colorado .
Introduced, read in full . and passed on first reading on the 20'" day of November.
2000 .
Published as a Bill for an Ordinance on the 24th day of November. 2000 .
Thomas J. Bums, Mayor
ATTEST :
Loucrishia A. Ellis, City Clerk
I. Loucrishia A. Ellis, City Clerk of the City of Englewood . Colorado. hereby certify
that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read
in full . and passed on first reading on the 20•• day of November , 2000.
Loucrishia A. Ellis
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Date
November 20 , 2000
INmATEDBY:
Department of Public Works
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COUNCIL COMMUNICATION
Agenda Item Subject:
10 a i Englewood Schools Fleet
Ma intenance Contract
I STAFF SOURCE:
Ken Ross , Director of Public Works
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council str ives to promote reg ional cooperation . With that in mind , Council has approved fleet
maintenance agreements with Englewood Schools since 1992 .
RECOMMENDED ACTION
Staff seeks Council approval of a bill for an ordinance authorizing the Mayor to sign an
Intergovernmental Agreement (IGA) with Englewood Schools for fleet maintenance .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The City of Englewood has been servicing Englewood Schools ' vehicles since December , 1992 .
The School District continues to provide basic maintenance . such as 01 1 changes and lube jobs , but
brings more complex jobs to Englewood's Servicenter. Englewood Schools has been satisfied with
the services provided by the City and is interested in continuing our working relationship at the
revised hourly rate of $41 .87 in 2001 . The IGA allows for adjusting the hourly rate each year .
FINANCIAL IMPACT
From 1993 through 2000 , the Servicenter Garage has taken on the addit ional workload of servicing
Englewood Schools ' fleet vehicles. This has been accomplished without adding additional staff .
Incom e from Englewood Schools helps defray the cost of providing fleet maintenance services to all
Eng lewood Departments. It is estimated that , in 2001 , maintenance serv ices provided for
Englewood Schools will total approximately $5 ,000.00.
LIST OF ATTACHMENTS
Bill for an Ordinance
Contract
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CONTRACT
THIS AGREEMENT. entered mto tlus __ day of 2000 by and betwee n
the City of Englewood, whose address is 1000 Englewood Parkway. Englewood. Colorado
80110 and The Englewood Public Schoo l's, whose address is 4101 South Bannock Street.
Englewood, Colorado 80110.
TERMS OF CONTRACT
NOW THEREFORE, IT IS AGREED by and between the City of Englewood a nd t he
Englewood Public School's that:
1 . The City of Englewood, Colorado shall perform the following services :
The City of Englewood shall perform all ne cessary repairs and maintenance
on the vehicles owned by the Englewood Public School's to the Englewood
Public School's satisfaction. and the Englewood Public School's s hall pay to
the City of Englewood for such ser\".ices the s um of fo r ty -one and 87/100
Dollars ($41.87) per hour. in addition to the cost to t he City of Englewood of
any parts or outside vendor charges plus Twenty percent (20%) handling fee .
2 . The City of Englewood will proceed with the perform a nce of the services ca lled fo r
in Paragraph ~o. l on J a nuary l. 2001 , and the Contract shall :ermmate on
December 31 , 2001. Three additional one (1) year periods may be negotiated by
the City Manager or his designee .
3 . Some maintenance of the Englewood Public Schoo l's vehicles shall be perfo rm ed
by the City of Englewood according to a schedule to be made by the Englew ood
Public School's and approved by the City of Englewood as part of th.ts agreement.
and shall include work requested by the Englew oo d Public School's or work
identified by Englew ood dunng inspection of the vehicle .
4 . The City of Englewood shall repair any vehicles of the Engle wood Public School's
delivered to the Ci ty of Engle wood fo r that purpose ma good . workm anlike
manner.
5 . The City of Engle wood and the Englewood Publi c Schoo l's agree not to: re fuse to
hire . discharge . promote , dem ote or discrimmate in any matt er of co mp en sation :
performance. services or otherw1 e , against any perso n otherwise qualified sole ly
becaus e of race , creed. sex , colo r , national ori gin or a nces try .
6 . Tlus Contract may not be modlfied . amended or otherwise al te r ed unless
mutually agreed upon in wnun g by the parties .
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The City of Englewood by and through its employees and agents s hall be
considered for all purposes of the Contract, to be independent contract ors and
not employees of the Englewood Public School's.
The E111lewood Public School's by and throuch its employees and agents shall be
considered for all purposes of the Contract, to be independent contractors and
not employee, of the City of Enclewood.
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9 . The City of Englewood shall not assign or transfer its interest in the Contract
without the written consent of the Englewood Public School's. Any unauthorized
assignment or transfer shall render the Contract null , void and of no effect as to
the Englewood Public School's.
10. The Englewood Public School's shall not assign or transfer its interest in the
Contract without the written consent of the City of Englewood . Any
unauthorized assignment or transfer shall render the Contract null. void and of
no effect as to the City of Englewood .
l l. The City of Englewood shall be responsible for the professional quality, technical
accuracy , timely completion and the coordination of the repairs under the
Contract. The City shall, without additional compensation. correct or revise any
errors, omissions , or other deficiencies in its services related to the Contract.
12 . Either party of the Contract may terminate the Contract by gi"ing t o the other
party 30 days notice in writing with or without good cause shown . Cpon de!l\·ery
of such notice by the Englewood Public School's to the City of Englewood and
upon expiration of the 30 day period , the Cit y of Englewood s hall disco ntinue all
services in connection with the performance of the Contr:ict. As soon as
practicable after receipt of notice of termination. the City of Englewoo d shall
submit a statement, showing in detail the services performed under the Contract
to the date of termination. The Englewoo d Public School's shall then p ay the
City of Englewood promptly that proportion of the prescribed charges which the
services actually performed under the Contract bear to the total services called
for under the Contract, less such payments on account of the charges as ha,·e
been previously made .
13 . All notices and communications under the Contract to be mailed or delivered to
the City of Englewood shall be to the following address:
Director of Public Work s
City of Englewood
1000 Englewood Parkway
Englewood, Colorado 80110
All notices and communications pertaining to the Contract shall be mailed or
delivered to the Englewood Public School's at the following address :
Englewood Public School's
4101 South Bannock Street
Englewood, Colorado 80110
14. The terms and conditions of the Contract shall be binding upon entity, its
successors and assigns .
15 . Nothing herein shall be construed as creating any personal liability on the part
of any officer or agent of any public body which may be party hereto. nor shall it
be construed as giving any rights or benefits hereunder to anyone other than the
Englewood Public School's and the City of Englewood.
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IN WITNESS WHEREOF , the parties hereto have executed this Contract the day and year
first written above.
ATl'EST: CITY OF ENGLEWOOD
Loucrishia A. Ellia, City Clerk Thomas J . Burns, Mayor
ATl'EST:
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ENGLEWOOD PUBLIC SCHOOL'~
ckuI~.~ uil~
'\ , Superintendant
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ORDINANCE NO._
SERIES OF 2000
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BY AUTHORITY
A BILL FOR
COUNCIL BILL NO . 89
INTRODUCED BY COUNCIL
MEMBER~~~~~~-
AN ORDINANCE APPROVING THE RENEW AL OF AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF ENGLEWOOD , COLORADO AND THE
CITY OF SHERIDAN, COLORADO WHEREBY ENGLEWOOD WILL PROVIDE THE
CITY OF SHERIDAN WITH VEHICLE MAINTENANCE.
WHEREAS, the City of Englewood has been servicing the City of Sheridan·s vehicl es
since December, 1992 ; and
WHEREAS, the City of Englewood and the City of Sheridan desire to renew the
agreement whereby Englewood provides Sheridan with vehicle maintenance:
NOW, THEREFORE, BE IT ORDAI!'-l"ED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO , AS FOLLOWS :
Sectjon 1. The intergovernmental agreement between the City of Sheridan a nd the
City of Englewood, Colorado for vehicle maintenance , attached as "Exhibit A', is he reb y
accepted and approved by the Englewood City Council . The Mayor is authorized t o
execute and the City Clerk to attest and seal the Agreement for and on behalf of the
City of Englewood, Colorado .
Introduced, read in full, and passed on first reading on the 20"' day of November ,
2000 .
Published as a Bill for an Ordinance on the 24th day of November , 2000 .
Thomas J . Burns. Mayo r
ATIEST :
Loucrishia A. Ellis, City Clerk
I. Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado, hereby certify
that the above and foregoing is a true copy of a Bill for an Ordinance , introduced, read
in full , and passed on first reading on the 20'b day of :'.sovember, 2000 .
Loucrishia A. Ellis
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Date
November 20 , 2000
INITIATED BY:
De artment of Public Works
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COUNCIL COMMUNICATION
Agenda Item
10 a ii
Subject:
City of Sheridan Fleet
Maintenance Contract
STAFF SOURCE:
Ken Ross , Director of Public Works
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council strives to promote regional cooperation . With that in mind , Council has approved fleet
maintenance agreements with the City of Sheridan since 1992 .
RECOMMENDED ACTION
Staff seeks Council approval of a bill for an ordinance authorizing the Mayor to sign an
Intergovernmental Agreement (IGA) with the City of Sheridan for fleet maintenance .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The City of Englewood has been servicing the City of Sheridan's vehicles since December, 1992.
Sheridan continues to provide basic maintenance, such as oil changes and lube jobs , but brings
more complex jobs to Englewood 's Servicenter. The City of Sheridan has been satisfied with the
services provided by the City and is interested in continuing our working relationship at the revised
hourly rate of $41 .87 in 2001 . The IGA allows for adjusting the hourly rate each year .
FINANCIAL IMPACT
From 1993 through 2000, the Servicenter Garage has taken on the additional workload of servicing
Sheridan 's fleet vehicles . This has been accomplished without adding additional staff . Income from
the City of Sheridan helps defray the cost of providing fleet maintenance services to all Englewood
Departments . It is estimated that , in 2001 , maintenance services provided for the City of Sheridan
will total approximately $20 ,000 .00.
LIST OF ATTACHMENTS
Bill for an Ordinance
Contract
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CONTRACT
THIS AGREEMENT, entered into this __ day of , 2000 by and betw ee n
the City of Englewood , whose address is 1000 Englewood Parkway, Englewood , Co lorado
80110 and The City Of Sheridan, whose address is 4 101 South Federal Boulevard .
Englewood , Colorado 80110.
TERMS OF CONTRACT
NOW THEREFORE, IT IS AGREED by and between the City of Englewood and the City
of Sheridan that:
1 . The City of Englewood , Colorado shall perform the following services:
The City of Englewood shall perform all neces sary repairs a nd m aintenance
on the vehicles owned by the City of Sheridan to the City of Sheridan's
satisfaction, and the City of Sheridan s hall pay to the City of Engle wood fo r
such services the sum of forty-one and 8i/100 Dolla r s (S4 l.8i) per hour. m
addition to the cost to the City of Englew oo d of any parts or outside vend or
charges plus Twenty pe rcent (20%) handling fee .
2 . The City of Englewood will proceed with the performance of the se r vices called fo r
in Paragraph No. 1 on January I , 2001 and the Co ntract shall terminate on
December 31, 2001. Three additional one (I ) year periods may be negoti ated by
the City Manager or his designee.
3. Some maintenance of the City of Sheridan's verucl es hall be performed by the
City of Englewood according to a sc hed ul e to be made by the City of Sheridan
and approved by the City of Englewood as part of th1 agreeme nt, and s hall
include work reques ted by Sheridan or work id e ntified by Englewoo d during
inspection of the vehicle .
.t . The City of Englewood sh all r epair any vehicle of the City of Sher ida n dehY er ed
to the City of Englewood fo r that purpose m a good , workm anlike manne r .
5. The City of Englewood and the City of Sheridan agree not to : refuse to hire,
discharge, promote , demote or discriminate many matter of compensation:
performance. services or otherwise. against any person otherwise qualified so lely
becau se of race , creed , sex, color, national origin or ancestry.
6 . This Contract may n ot be modifi ed , a mended or otherwise altered unless
mutually agreed up o n in writing by the parties .
i . The City of Englewood by and throu gh its employees and agents shall be
co nsidered for all purposes of the Contract, to be independent contractors and
not employees of the City of Sheridan.
8 . The City of Sheridan by and through its employees and agents shall be
considered for all purposes of the Contract, to be independent co ntractors a nd
not employees of the City of Englewood.
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9 . The City of Englewood shall not assign or transfer its interest in the Contract
without the written consent of the City of Sheridan. Any unauthorized
assignment or transfer shall render the Contract null , void and of no effect as to
the City of Sheridan.
10 . The City of Sheridan shall not assign or transfer its interest in the Contract
without the written consent of the City of Englewood. Any unauthorized
assignment or transfer shall render the Contract null , void and of no effect as t o
the City of Englewood .
11 . The City of Englewood shall be responsible for the professio nal quality . te chnica l
accuracy, timely completion and the coordination of the repairs under the
Contract. The City shall, without additional compensation, correct or r evise any
errors, omissions, or other deficiencies in its services related to the Co ntract.
12 . Either party of the Contract may terminate the Contract by gi,ing to the othe r
party 30 days notice in writing with or without good cause shown . Upon delive ry
of such notice by the City of Sheridan to the City of Englewood and upon
e!(piration of the 30 day period, the City of Englewood s hall discontinue a ll
services in co nnection with the performance of the Contract. As soo n as
practicable after recei pt of notice of termination. the City of Engle woo d s h all
submit a statem ent, showing in detail the services perfo rm ed under the Contr ::ict
to the date of termination. The City of Sheridan shall then pay the City of
Englewood promptly that proportion of the prescribed charges whic h the se rvi ces
actually performed under the Contract bear to the total services called fo r under
the Contract, le ss such payments on account of the charges as have bee n
previously made .
13. All notice s and communications v.nder the Contract to be mailed or delive r e d to
the City of Englewood shall be to the following address:
Duector of Public Works
City of Englewood
1000 Englewood Parkway
Englewood , Colorado 80ll0
All notices and communications pertaining to the Contract shall be mailed or
delivered to the City of Sheridan at the following address:
City of Sheridan
4101 South Federal Boulevard
• Englewood , Colorado 80110
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14 . The terms and conditions of the Contract shall be binding upon each City , its
successors a nd assigns .
15 . Nothing herein shall be construed as creating any personal liability on the part
of any officer or agent of any public body which may be party hereto, nor s hall it
be construed as giving any rights or benefits hereunder to anyone other than the
City of Sheridan and the City of Englewood.
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IN WITNESS WHEREOF, the parties hereto have executed this Contract the day and year
first written above.
ATTEST: CITY OF ENGLEWOOD
Loucrishia A. Ellis, City Clerk Thomas J . Burns, Ma yor
ATTEST: CITY OF SHERIDAN
, City Clerk Jim Sgan , Mayor
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ORDINANCE NO.~
SERIES OF 2000
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BY AUTHORITY
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COUNCIL BILL NO . 87
INTRODUCED BY COUNCIL
MEMBER GARRETT
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREE > !E NT \\'!TH
COLORADO STATE UNIVERSITY (CSU) FOR THE COOPERATIVE RES EARCH
PROJECT ON LAND APPLICATION OF SEWAGE BIOSOLIDS ON DRYLAND
WHEAT.
WHEREAS , SINCE 1982, THE LITI'LETON/ENGLEWOOD WASTEWATER
TREATMENT PLANT (LIE WWTP) in cooperation with Colorado State University
(CSU) Department of Soil and Crop Sciences has successfully conducted a continuous
research program to observe the long-term effects of the application of biosolids for
dryland wheat framing ; and
WHEREAS, the research has provided long-term re sea rch data and a sound ba sis
of knowledge of the biosolids produced by the UE WWTP and the environmental
impacts of the product; and
WHEREAS, the LIE WWTP/CSU research project has been instrumental in
establishing the basis for biosolids beneficial use for the growth of dryland wheat crops
in the arid western states and in Australia; and
WHEREAS, the long-term research demonstrates that the beneficial use of
wastewater biosolids is an environmentally safe , economically beneficial and
agriculturally sound practice for recycling and conserving a valuable resource : and
WHEREAS, the research has benefited not only western states farming
communities, but also biosolids researchers, regulators, generators, appliers and other
environmental professionals; and
WHEREAS , in 1999 the UE WWTP and CSU received the U.S . EPA Outstanding
Research Contributing to Beneficial Use of Wastewater Solids -First Place National ;
and
WHEREAS, CSU has submitted their proposal for the cooperative research project
on land application of sewage biosolids on dryland wheat; and
WHEREAS, the 2001 study includes study sites at the Bennett site , the Kiowa site
and the Byers site;
NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO , AS FOLLOWS :
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Section J. The Colorado State University Biosolids Research Agreement between
the Colorado State University and the Littleton/Englewood Wastewater Treatme nt
Plant, attached hereto as "Exhibit A". is hereby accepted and approved by the City
Council of the City of Englewood .
Sectjon 2. The Director of the Littleton/Englewood Wastewater Treatment Plant
is authorized to execute the Colorado State University Biosolids Research Agreem e nt
for and on behalf of the Littleton/Englewood Wastewater Treatment Plant.
SeL'tjon 3. The Director of the Littleton/Englewood Wastewater Treatment Plant
shall be authorized to further extend the Intergovernmental Colorado State Unive r s ity
Biosolids Research Agreement for the cooperative research project on land application
of sewage biosolids on dryland wheat, between the Littleton/Englewood Wast ewate r
Treatment Plant and Colorado State U niversity, for five additional one (1 ) year
periods.
Introduced, read in full , and passed on first reading on the 6th day of Novembe r .
2000 .
Published as a Bill for an Ordinance on the 10th day of November, 2000.
Read by title and passed on final reading on the 20th day of November, 2000 .
Published by title as Ordinance No. _, Series of 2000, on the 24th day of, 2000 .
Thomas J . Burns. Mayor
ATTEST:
Loucrishia A. Ellis , City Clerk
I , Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify
that the above and foregoing is a true copy of the Ordinance passed on final reading
and published by title as Ordinance No . _, Series of 2000 .
Loucrishia A. Ellis
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LITTLETON/ENGLEWOOD
WASTEWATER TREATMENT PLANT
2900 S. ?lane Rrver Onve
Englewoca . :otoracc eo 11 0
{30J) i62·26v0
FA:/. :62 -2ti20
October 11 , 2000
Dr. Ken Barbarick
Deparunent of Agro nomy
Colorado State Universiry
Fort Collins , Colorado 80523
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Cityof
Littleton / ···' :,;.,..
City of
Englewood
RE : COOPERATIV E RESEARCH PROJECT -SL L UGE APP LIC...\ T!Ot's T O D R YL.\..'-TI
\v'HEA T FIELDS
Dear Dr. Barbarick :
We are ple:ised to infonn you that the 2001 proposals for continuing th e research proj ec:s at th e
Benne tt, Ki owa and B yers sites were ap proved at the Augus t 17, 2000 S up e:-visorf Commmee
meeting . This letter serves as authorizatio n for the 2001 studies . Authoriz:mon is based on the
follow ing understanding :
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T h e uppe:-expenditure limit for the Bennett study is S2i,85 3 for fiscal ye:ir 2001 .
T h e upper expenditure li mit for the Kiowa stud y is SS ,672 for fiscal y e:ir 2001 .
T he upper !Xpenditure limit for th e B yers study is 5 33 ,55 9 for fi scal y ear 2001.
S e ;:,::ir :i te :iu :boriz :it ion must be obta in ed for :idd 'tio n:il wo rk ::ie :. one :lut de~c:-:c~d .n !:e
p ropo sals.
Progress reporting and invoicing will be on a quarterly bas is . P~oject re;:,ons m ust
accompany all invoices, also on a quarterly basis . A final report wi ll be ;iroviced.
6 . In voic es are to provide detailed background of project costs ac cording ·o categ ones
shown in the Proposed Budget Tables. in your proposal.
7. All publications pertaining to the research work will be submitted to the citi es for re vi ew
prior to release. All other conditions set forth in your June 2000 proposal shall be
incorporated in this agreement.
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CSU Research Projects
October 11, 2000
Page Two
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We antic ipate your program will proceed immediately. Please acknow ledge your acce;,tance of the
tenns of the agreemen! by si~ing the ~ct!cm ;,ortic!"! cf !his !eite:-:ir:d re~ming :he original ro me for
the offic ial City records .
Very trul y yours ,
~,~l'--
Srewart H . Fonda
Direc tor
ACCEPT.\.~CE OF TER.~IS OF AGREEMENT:
Signature Title
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Attachme:11 : ( l O pages )
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LAND APPLICATION OF
SE\V AGE BIOSOLIDS
PROPOS_4L FOR COOPERATIVE
RESEARCH PROJECT BETJJtEEN
COLORADO STATE U1VIVERS/Tlr
AND
LITTLET01V/ENGLEWOOD JOINT
COUNCIL
2001
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I. Land Application of Sewage Biosolids
II. Personnel
P roj <!ct Leaders :
Research A.s soci:ite :
III. In,roduction
K .A. Barbarick. Profes sor
G.A. Peterson, Professor
J. Ippolito
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We have studied the be:ieticia l use of L itt le:on/E:1 g !e·.voo d oio s olid s s inc e 198 2 at \Ves;
Benn ett , s ince 198 8 at K iowa, since 1993 at ~orth Beru:ett. and s rn ce . 999 at B 1 e:-s . We lo s t o r.e
of the West Be:1ne~t sites to dev elopment and rese:i.rc :1 at the K io,\a lo catio n is less c:itic :i l no w
that ·he councils have purchased the B yers property . We w ill prese:1t th e pro posed re se:irch :ind
assoc i:ited budget se par:ite ly for a ll four locatio ns anc th en ;,rese:i t th e ro ta bu dge t fo r, o ur
proposed rese:irch .
Iv'. Bennett Study Sites
A. West Bennett
We established sites A and B at West Be:1ne~t in 1982 and in 19 8 3, respec ti ve ly Our
c oope:ating farmer. Jim Hazlett h:is sold site B fo r homes ite de,·elopmenr. We will co n n nue
using West A since it re presents the last of our original, long-term s ites . S mee we fo llo w a fa low
s ystem for our dryland wheat study, we w ould use this site every othe: y ear. We w ill es tab lish
the West . ..\ site ag:iin th is year (200 0 ) and p lan to sample and harvest it in surruner 200 1.
B . North Bennett
We initiated the '.'fo rth Bennett experiment:ii .ocation to re;:i lace th e E:is t B enne :t plots
tl.:it '.ve lost in 199:. Ou r former c oo per:uing farrne: :i t E:is t Benne:t. Ke·:in Hel :e: d ec id ed to
gro \1 im=:ited .:ro ps on o ur s tudy s ites . We a lso changed the e x perime:i::J.! :i.p pro ac h at :--.:ori h
B eane:t o fo c us o n de:e:1mn ing he;.: e q ui\'a le nc :,, of L itt !e:c n.'E :1 =:e ·.•:ood (L E ) b 1osoli d s
assoc iat e d ·,1·1th re;:ie:i ted ap p l1c.1 t1011 s in a d ry land wheat ;ummer-failo w :i groe::os:1stem . \\'e w iil
c omp le:e ha!"\ es , so il. gra in, an ci srraw sampiing and ana lyse s :is we ha v e m h e pas,.
C. ObjectiYes for the Bennett study sites (W est and ~fort h B ennett)
T :1e o bj e cnve s of the Be:1.nett study are :
I. To detenn ine the conti11uin2 effec:s at West Be:mett s ite . ..\ of various
se·.vage-biosolids rates on d-;yland wheat inc!udi:ig grain y ie ld, protein
content, potential income and the :-.J, P , K conc~:1tranons after one
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application of liquid biosolids (1982) plus nine acditions of dried biosolids
(1984, 1986, 1988, 1990, 1992 , 199~ 1996, 1998 ,2000).
To qc:1:::::\ :h.:: ;( ec;i.;i..-al.!:.c:; 0.",epeat.:d blo s0 li ds applicatio n under
field conditions compared w ith commercial :-,.i fertilizer on our North
Bennett plots .
To study the long-tenn effects of biosolids on uptake of Cd. Cr. Cu, ~i.
Pb. Mo. and Zn by wheat (As.Hg . and Se levels in soi l and grain will be
monitored on the 0. 2, and 5 dry tons , acre plots for the North Bennett site
and on th e 0, 3, and 6 dry tons ac re plots for West Beru,ett site A).
To observe long-term changes in the water sorptivity of the soil wnh
continued LIE biosolids additions at :"forth Bennett .
S. To determine the accumul::lted '.'<O i-N levels to a de;:,th of 130 ::n ( fee :
assoclated with repeated application of various N femlizer or sewage
biosolids at our West Bennett site A and North Bennett p lot s .
D. Bennett study sites budgets (See Table 1 on the next page) .
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T ab e 3. Propos ec b dgets for th e B yers sewage bi os o lid s study .
B udget lt e:n 2000 (current ) Proposed 200 ! P roposed 200 2
-.-· . -.-..:.:.~:· . ..:;.·:..-. ··-i,"!~-.,&:;./£;-,:.,,t-,¢!.;.. ·(. :..s.t?r..:.·:.:·::. .•. ;:. =· ... . .:..--• --· ·~-..-..,,;,._, ,~:~ .. ~---
P!aet;Ssll , ~;e seli~· .\ilielysp ~:·· =:· ... ·· ._: :~ :·.: '.29~9 r · ·--~.'. ::e_ee .. .. ·-:1000·
. . ··-"·. J • ........... '<,.·=-1.,-· .. --------·---"'•"~I.~---_ ...... _ .... __ _
Hourly L:ib o r '
Fringe Benefits for Research Associate,
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Harves't,"B~eiine Sampling .:" ..
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Weather Station Maintenance
1654
27 32
2000
500
6 00
:905
2000
500
600
30-;",
2000
500
We will shift some hourly-labor costs to othe, projec ts to he lp accorr.modate the
incre.ises in o verhead. Assumes 50% of effort on the Be:111e tt and 50% e ffo rt on the
B y ers site.
S ix months o f salary covered in 2000, 200 I, and 2002 . An inc~e2.Se of 4 °/o w :i s ass umed
for the Research Associate for 200 I and 2 002. We ass um ed that all o ther c o sts fo r 200 I
and 2002 remained the same as 2000 .
Fringe benefits fo r the Researc h Associates are est im ated ,o 7 .3 % fo r :zooo, I 3 .2% fo r
2001, and 13 .5% for 2002.
O,·eri1e :1d w:is 15% in 2000 . The C olorado St:ite Cm ·:e:-sn:: Of:ic:: of Spo ns o re d
P~ograrr.s is requiring us to incre:is e ove,heac to 20° o in ::!00 l and 2.l .5 %, th~ curre ::: ,)i:-
c :i n;J us O\'~~:,e:i d char~e. in subs equen t ::e ~r;.
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P iO po se:: budge:s for the West and >i on h 3en.,en se'.\':!g e bi osoli ds studi es
2UO\.l
(cur7ent budge t)
P~o o csed
2001
P~o::,cs ec
200 ::
So il and Grain ,\nalyses
for As. Hg , and Se
86 .l
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Houriy Labarr .. _>l/
Travel
:.::: .. _: .. ~>:~f---<·:,~~ .. -·--~~~:~.~-~: ·~:::.. 1654 · ··coo :-600
-·--' •• ...:_-..,,_.._.._.,,,.•.::c.-,.;i._· -··.JI ·---.. ~ ·-.,. ___ .. -·-----· -----_,. ___ . ·--.....
150 3 2(.: 15 0 S
5 :3 9
We will shift some hourly-labor costs to othe: proje:ts to he !p ac:om:r.odate the
increases in overhead . Assumes 50% of effor. on the Be:me:t :m e 5C0 '<i ef:or. on the
B yers site .
Assumes 5 .5 months on the 3e:met" stu d y. 0.5 months o n t!:e :Z :ow :i ;rue::. an d 6 :.1or:t l:s
on the By e:s study . We als o assumed a .l0 o sa lary u:c:·e :!s e :o; 2001 ar.c ::oo ::. We
asmmed th:i t :i ll o the: costs :or ::001 and ::oo .:: ·.,1·: ~e:,u::1 :l:~ s:::::e -s 2000.
200 1, and 18.5 °'0 for 20 02.
0\ erhead was 15% in ::WOO . Ti1e Co lor:id o S,:it e Lm•:e:·s n:-o :·::c e 'J :· S pc r.sc:rec
P:-ogr:ims s re quiring us .o inc:-e:ise O\e:·!~"!.1C :o 2G0 ;:: ~'j1:1 : J.::C. :..: 5 · J . :!:~ .;·-~-~ :: ~-·=··
campus overhe:id ch:irge. ir. sut-sequent y e:i rs
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V. Kiowa Study Site
A. Introduction
\Ve will conr inlle to take water samples from th e four wel.s n :i qt::irtd:; or :ir.nu:i l b:isis
Qu:irterl y samp les would include anal yses for total>!, NO ,-N . ;'<H ,-N. P, and K. We would
an:i ly ze the annua l samp les for total N, N03-N, N"HJ-N . P. K. Ag, A l, As , Cd, Cu , Fe. Pb , Hg,
Mo , Ni. Se. Zn , endnn, lindane . metho xy ch lor, tox:iphe:1e . 2,.4-D. :md 2.-l.5-T . T 1e obJ e:::I\ e o;·
this stud :, is continued monitoring of groundwate r in four we ll s for tOi :l l '.'J . '.'JO :-\:. 1',iE_ ->i . P, K.
Ag , Al. . .\:i. Cd , Cu. Fe , Pb , Hg , Mo , :'Ji. Se , Z:i. endrin. li nd :m e. :11e tho,ychlo r. ro,aohe:-:e. : . .i.
D. and 2.-L5-T fol lowing the discontinuat ion ofbiosolids a pp li c:it1 on ( as t app lic at:on w:1s 111
August 1998 ).
8. Kiowa study site budgets (See Table~ below)
Table 2. Proposed budgeis "or the K iow :i se ·.nge b1osolids ;;c1 c :-.
Budget Item 2000
(cu rrent
budget )
P~oposec
200'.
Propo sed
100 2
Re se:i.rch :\.ssociate' 127 9 133 0 !3 S.3
Tra vel
To tal
400 400 400
S53 61 S5 6i 2 S5 969
One-half month of salary covered in 20 00. 200 l, an c 200 2 .. A..:1 1ncre:1se of ~0 ·o '·" as
l53Lll1ied lor 1.:s~::1rch .4..ssoci :.He fo r 2001 ..ind ::1~,0 :. \\·e .1s .s~:r..'!:.i :f:2.t .tii oth e:-cos:3 :"er
200 l and 200 2 will remai:i the s.ime 1s 2000 .
Fri nge benefits for Rese:1r ch As;oc ia te are es,i:naw: to be : -3°0 :or 2000 a1:d l S.2% for
2001, and !S5°a for 2002 .
Overhe1d ·.vas l :5 ~o i:12 000 . Th:: Color:.do Sr:it~ L1:iv e:-s 1::. Offc ;! o fSp on sor e!:
Programs is requiring us to incre:ise ove:head to 20°'0 in 200 1 and 2.J..5%. the ci.:r.e:1t or·:-
campus overhead charge, in subsequent ye1rs .
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VI. Byers Study Site
A. Introduction
With the dev elopment of the Byers bioso iid s-app lication location by LI E , we are
de veloping some practicJI. nev e,-done-before research. 1 ·a -till and minimum tillage managemen t
is :ncre::is ing in popul:irity in eas te:n Colorado because it improves wate r conservauon and
allows more intensive cro pping B 1o so li ds app li cation cou ld enhance'. the bene::ts of no-u l! N
minimum tillagl! by impro ving soil cover and soil ph ysic al char.ict~rist ics whe:1 surface :i pp i1 e::
The biosolids could work in canc er: with crop res idues to :ill ow fam1ers :o mee: the 30° o so il
coverage required by the \fatur:il Resource Conse:-vation Se:Yice to comp!~ \vlth conse :-::i t:on
programs .
Biosolids app lic at ion could init ia lly supply soil co ve, unt il :idequate cro p residue ;:in
accumulate . Continued add iti ons may ev e:1 provide prod uc tion :me econom ic ad\·ant:ige s
Farmers may eventually use bioso li ds as :m integral par, of a conse:-::it io n ?rog~:J.m . To c:i:e . '.\ ~
have applied biosolids for the first-year rotat ion to p io ts gro wi ng ,vh eat. c or:1, anc sun:~o"e~s
B. Objectives
Our objectives at the B yers site are :
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To dete:-:nine if mGeasmg biosolids app li c:rnon from once e·;er; two ye rs
to two out of three y ears or four out oi fi ve years is a feas ib le m:inage:n e. t
al ternat1 ve.
To dete:mine if b iosolids app li cation wil im?rove sur:ac e soi ph ys1c a
properties in no-till or minimum tillage syste:c:s th:::t induce ro'-v cro s
under dryland conditions . Such prope:-t ies as wate, SOI?t:vit y and bu :;.:
densit:1 are our prime conce:-:is .
To dete:mine ifbiosol ids beh::se lik e crop ~e s1cues rn :e rm s of mo1s,•.1 re
storage and crcp prod•tc,ion .. .i.1·i1 1bble--.,·:1ie~ st-r:ig'! :11,c :rop :-1e l.:, Jr:
the properties of gre:itest interes t.
To dete:mine the effects ofbiosolicis Jpp iic :iuon :it the ag~onom 1c ·:i.te
compared with commercial °'.'i ferti li z:: m t!:r :e cro~p ing s::ste~s n so!I
and grain accumulation of plant nutrients :ind trJce elements Ii mite:: '.J:. ;!:~
Colorado Department of Pub lic Hea lt :ir.d E.:i v1ronme:1t in th e1rb 1o so l:c::-
application regulations ...
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C. Proce dures
Treatments ·
D .
Three cro p rotat ion s ·
J . WheJt-fallow (typical rotJtion )
b . \.Vheat-com-failow
c . \,\. l1eat-wheat-com-;unr1owers-fal ow (based 01 111::maging
F aimer's inte:-est )
2 . Two biosolids/fenilizer trelt:11 ents :
a. B iosolids application to sup tJly n recommended ;"or the
measured soil ;',10 3-N (e .g .. the agronomic rate ) ..
b . Comr.ie:-c ial ;\I fen il izer a t th e :i.g,onorr.ic rJte .
Experimental desi g n
We will use two blocks (replic:i.tions) of each tre:J.tment arranged in a sp li t-p lor design .
The main plots will consist of the cropping rotJ tions while we will split each main p lot to
accommodate biosolids appli cation on half the plot and commercial fenil izer :J.dd ition on ,he
other half
All phases of e:J.ch rotation will be present each yeJr to allow assessment of al l soil and
c rop responses e:ich year. This would require :i total of 10 mam plots and -+O split p lo ts ('.:
replic:J.tions, 10 cropping rotations, 2 biosolids, feni iz e: trea·ment sp lit s ).
Each main plot will be 0.8 km (0.5 mi les ) long by 30 m (I 00 feet ) wide . E::ich
biosol ids :fenilizer spilt would, therefore , be 15 m (5 0 feet ) w ide .
E. Me ::i s u rem en ts
We will comp lete th e following me::isi.:remenrs o r ana l:. ses
1. .,
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Arn1u:il grain and biomass y1 e !ds .
So i! w:ue: content to ISO cm (6 feet ) at ;il:!nt in~ and ha!"'·es: :o r
e:ich crop e:ich y e:ir .
Water sorptivity and bulk dens1 :1
Comp lete record;; on costs of he:-b1c1de in puts. etc.
Concentrations ofNO,-N, P , K. Fe, Mn. Cu, Zn, Na .. A.s . Cd, C 1·.
Pb . Hg, Mo , Ni , and Se in soil before e :i ch crop plantin g
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(determined in 0-5, 5-10 , 10 -2 0, and 20-30 cm samples from eac h
replicated plot ).
6 . Deep soil sampling before eac h crop planting by hydraulic prob~
for >10;-N ~d e!erm i!1d C•-:0, :0-6 0, 50-90, 90-1 20, 12r -151). l :,:-
180 cm samples , if poss ible , from each re;:,licated p lo t).
7. Concentrations of P, K, Fe, Mn , Cu , Zn, Na, As, Cd , Cr, P b, Hg ,
Mo, Ni, and Se in grain sampled from eac!1 replicated plot.
S. Soii cover (determined by Natura l Resource Conservat io n Se rvtc:
Conservationists. if ,1,e can secure co operat ion wilh lh is agenc y)
F. Byers study site budgets
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VII. Total Budgers
\Ve hav e tabulat .:d th e tot a l budgets oy Joc:uion 1-:1b ie .1 , :::c: ':Jy budg e, :Jt=g c ;:: (-:-:1o ie
5) for :000 rhr oug!, :00::
Table 4 . Tota l budgets by locat ion for 2000 -200 2 .
Locat ion 2000 (current ) Pro posed 200 l Pr cpos ec 2002
B~mi.1:tt
..... :,,. •• ·!,
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1 . )--
-. 2 1· 8--.., .. ,!" ·l'· ~.::. :· . .:.: ,-., .. ).) ;..,;'-. .,., .
--
27-131
Kiowa 5361 ... -..,
)0 -5969
358 19
568 913
Tab le 5 . Tota l budg ets by budget cate gories for 2000 -2 00 :.
Item
Personnel
Tra vel
Rese:i.r ch Ass oci ate
Fringe bene fits
Hourly student
. (1verh~;dr .:·. :,.:,.~)j;
.••.. r-.·. -~--. (• -· --:. --·:·
Total
2000
(curre:1 t)
30694
5..16..L
33 08
590
Propos ed
20 01
31922
5810
1:00
6.l l l
Pro posed
20 02
3; 98
6 l .l2
12 00
590S
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567 085 5639 1~
O\·e,heJd was 15°10 in 200 0. The C olor:ido Sta te l;ni\·e~s it:, Office of Sp onsor ed
Pr ograms is req ui ring us to inc:~:ise ov e:he:id to :0° o 1r: 200 ! and 24.5 ° o. the .:u r.e:-:, o :·:-
campus O\ e,he:id charge. :n 5u bsequ ent :1 e:irs .
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RESOLUTION NO.~
SERIES OF 2000
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A RESOLUTION APPROVING AN INCREASE IN BENEFITS FOR THE RETIRED
POLICE OFFICERS.
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WHEREAS, the Englewood Police Officers Pension Board reviewed the be nefits for the
Police Officer Retirees and recommends approval of a S 100 m onthly incre a se for those Poli ce
Officers who have retired as of January 1, 1998; and
WHEREAS, the passage ofthis Resolution will increase retire d Police Office r s pe n sion
payments, and is to become effective January 1, 2001 for those Police Officers who r ettred
prior to January 1, 1998;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section L The City Council of the City of Englewood hereby approves the increase in
benefits for the retired Police Officers Effective January I , 2001. All members whos e
payments commenced prior to January 1, 1998, shall receive an increase of one hundred
dollars ($100.00) per month to their pension benefits with surviving spouses receivin g a fifty
dollar ($50.00) per month pension benefit increase.
ADOPTED AND APPROVED this 20th of Novembe r , 2000.
Thomas J . Burns, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk for the City of Englewood , Colorado. hereby ce rtify the
above is a true copy of Resolution No ._, Series of 2000.
Loucrishia A. Ellis
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COUNCIL COMMUNICATION
Date Agenda Item Subject
November 20, 2000 Resolution to approve an
10 C i increase in benefits for Pol ice
Officer retirees effective January
1, 2001 for those retired as of
January 1 , 1998
Initiated By Staff Source
City of Englewood, Finance and Administrative Frank Gryglewicz, Director
Services Department
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
City Council has met with representatives of the Police Officers Pension Board in the past to discuss
common concerns , including benefits and funding.
RECOMMENDED ACTION
The Police Officers Pension Board approved a $100 per month benefit increase effective January 1,
2001 to all participants retired as of January 1, 1998, and a $50 increase to surviving spouses
receiving benefits prior to January 1, 1998. The Board requests City Council approve a resolution
supporting their decision .
FINANCIAL IMPACT
This action will not directly impact the financial condition of the City of Englewood as the Police Officer
Pension Fund is currently fully funded and the City is only making required minimum contributions.
LIST OF ATTACHMENTS
Proposed resolution .
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ORDINANCE NO.~
SERIES OF 2000
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BY AUTHORITY
COUNCIL BILL NO . 40
INTRODUCED BY COUNCIL
MEMBER WOLOSYN
AN ORDINANCE REPEALING TITLE 11 . CHAPTERS 3(A}, 3(8), 3(C}, AND TITLE 12 , CHAPTER
4: AND CREATING A NEW TITLE 11 , CHAPTER 7. ENTITLED "CITY RIGHTS OF WAY -
PERMITS AND REQUIREMENTS", OF THE ENGLEWOOD MUNICIPAL CODE .
WHEREAS, obstructions and excavations in City rights of way disrupt and interfere with pub he
use of the rights of way ; and
WHEREAS . obstructions and excavations in City rights of way result in lo s s of pa rkin g a nd lo ss
of business to merchants and others whose places of business are in the vi cinity of s uch obstructi ons
and excavations; and
WHEREAS , it is desirable to adopt policies and regulations which will ena ble the City of
Englewood to gain greater control over the disruption and interference with the public use of pu bli c
streets and rights of way, m order to provide for the health. safety and well be mg of the City's
residents and users of City streets; and
WHEREAS, significant public funds have been invested to acquire . build . maintain and r epa ir
the streets within the City and cuts and excavations in the s treets reduce the use ful life of the
pavement infrastructure; and
WHEREAS , significant public funds have been invested to place and maintain landscaping
within public rights of way in the City and cuts and excavations in the public rights of way ca u se
damage to, and increase the costs of maintaining that landscaping; and
WHEREAS . at the present time, the City does not have a detailed map or database indicating
the location, nature, or extent of the entire system underground utility and telecommunications
facilities ; and
WHEREAS, the various public and commercial utilities wpich install , maintain , and opera t e
facili t ies under the City's streets are constrained , from time to time , to make excavation cuts whi ch
degrade the surfaces of these thoroughfares, thereby reducing their u se ful life ; and
WHEREAS. operators of motor vehicles (private and commercial} pay added gasoline taxe s to
compensate for the damage their vehicles cause to City streets and roads . Part of these taxes are
used by the federal government (the federal highway "trust fund'') for construction and maintenance
of interstate and federal highways. The State of Colorado annually transfers revenue from gasolin e
taxes to the City for street maintenance. Public and commercial utilities which degrade the streets
presently do not adequately pay for the long-term damage done to the roadway surfaces; and
WHEREAS . at the present time there is no formal mechanism nor legal requirement that public
and commercial utilities and telecommunications companies coordinate roadway cuts;
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NOW , THEREFORE . BE IT ORDAINED BY THE C ITY COU:sJCIL OF THE CITY OF
ENGLEWOOD , COLORADO, AS FOLLOWS :
Section 1. The City Council of the City of Englewood. Co lorad o hereby r epea ls Title 11 . Chapter
3A, "Construction Permits and Requirements'' in its entirety, of the Engl e wood '.\luru cipal Code.
Sectjon 2. The City Council of the City of Englewood. Colorado hereby repeals Title 11 . Chapte r
3B, "Co nstruction Specifications" in its entirety, of the Englewood '.\lum cipa1 Code .
Section 3. The City Council of the City of Englewood , Co lorado he r eby r epea ls Tale 11 , Chapter
3C, "Excavations" in its entirety, of the Englewoo d !'vlunicipal Co de.
Section 4. The City Council of the City of Englewoo d , Co lorado her eby r epeals Title 12 . Chapter •I.
"Fiber Optic Cable Regulations'' in its entirety, of the Engl ewood Muni cipal Code .
Sectjon 5. The Englewood City Council here by amends Title 11 , by the addnion of a n w hapt r
7, to the Englewood Municipal Code , entitled "City Rights Of Way -Pe rmits and Req uire ments",
which shall read as follow s:
11-7 : CITY RIGHTS OF WAY -PERMITS AND REQUIREMENTS :
11-7-1: PURPOSE AND OBJECTIVES:
This Chapter pro\]des principles procedures and associated funding for the placement of
structures and Facilities construction excavation encroachments and work acti,;ttes withm
or upon any Public Right of Way and to protect the integntv of the road svstem a nd the
City's infrastructure To ac hieve these purposes it is necessarv to require P ermits of privat e
users of the Pubhc Rights of Way to establish Permit procedures and to fix and collect fees
and chari:e s.
Pubhc and pnvate uses of Public Right s of Way for location of facilities em ploved in the
provision of public services should in the interests of the general we lfare be acco mm odated ·
however the Citv must insure that the primary purpose of the Right of Way, p assa ge of
pedestrian and vehicular traffic is maintaine d to the greatest extent possible. In addition,
the value of other public and prirnte installations r oadways facilities and prope rties
should be protected competing uses must be reconc1lerl, and the pubhc safety presen·ed
The use of the Right of Way corridors by private users is secondary to these public objectives
ll.Ild the movement of traffic. Thi s Chapter is intended to strike a balance between the public
need for efficient safe transportation routes a nd the use of Rights of Way for location of
fac1lities by public and private enutjes It thus has several objectives·
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cl-To insure that the public safety is maintained and that public inconv eni enc e is
minimi1&d .
~-To protect the Ci ty 's infrastructure investment by establishing repair standard s fo r
the pavement fac i]jtjes and property in the public rights of way, when work is
accomplished
~-To facilitate work within the rights of way through the standardization of
regulations
~-To maintain an efficient permit process .
g. To conserve and fairly apportion the limited physical capacitv of the public righ ts of
way held in public trust by the City
~ To establish a pub)jc policy for enabling the City to discharge its publi c tru st
consistent with the rapidly evolving federal and state regulatory poli cies indu sm·
competition and technological development .
To promote cooperat10n among the Permjttees (as defined here in) and th e Citv in th e
occupation of the public rights of way and work therein, in order to {i} elimina te
duplication that is wasteful, unnecessary or unsightly {ii) lower the Permittee·s and
the City 's costs of providing servjces to the public and (iii} mirumize street cuts.
§. To assure that the City can continue to fairly and respon sibly protect the publi c
health. safety and welfare .
11-7-2: DEFINITIONS:
For the purpose of this Chapter the following words shall have the following meaning s:
ACCESS VAULT :
APPURTENANCES:
Any structure containing one or more Duct s condui ts
manholes hand ho le or other such faciliti es in
Permittee 's Facilities .
Transformers switching boxe s, gas regulator
stations terminal boxes meter cabinets, pede stals
junction boxes handholes substations svstem
amplifiers, power supp)ies pump stations m~
valves and valve housings and other devices that are
necessary to the function of electric, communication s
cable television water sewer storm water, natural
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CHAPTER :
.GITY:
CITY MANAGER:
CONTRACTOR-
DEGRADATION :
DEVELOPER :
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• DUCT OR CONDUIT :
• EMERGENCY :
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gas and other utilities and services.
Title 11. Chapter 7 of the Englewood Municipal Code
entitled City Rights of Way -Permits and
Requirements.
City of Englewood. Colorado .
The chief executive officer of the city government of th e
City of Englewood or the manager·s authorized
representative.
A person partnership corporation. or ot her legal
entity who undertakes to construct, install, alter
move remove trim. demolish repair replace
excavate or add to any improvements covered by thi s
Ordinance that requires work workers and/or
equipment to be in the Public Right of Way in the
process of performing the above nam ed operati ons.
A decrease in the useful life of the street
improvements or damage to any landscaping w11hm
the Rights of Way caused by excavation m or
disturbance of the Right of w av. resulting m the nee d
to reconstruct the surface and/or subsurface struct ure
of such Right of Way earlier than would be required if
the excavation or disturbance did not occur .
The person partnership corpo ration or other le •J
entity who is improving a parcel ofland within th e
City and who is legally responsible to the City for the
construction of improvements wjthin a subdivision or
as a condition of a building permit .
A single enclosed raceway for cab)es fiber optics. or
other wjres. or a pipe or canal used to convey fluids or
Englewood Municipal Code .
Any event which may threaten pub)jc health or safety
or that results in an interruption in the provision of
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EXCAVATE:
FACILITIES :
f:EN.CE :
INFRASTRUCTURE:
LANDSCAPING :
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services including but not limited to damaged or
leaking water or gas systems damaged plugged. or
leaking sewer or storm drainage systems damaged
electrical and communications facilities. and advance
notice of needed repairs is impracticable under the
circumstances .
To dig into or in any way remove. distribute or
penetrate any part ofa Right ofW av.
Includes. without limitation. any pipes. condui ts.
wires. cables. amplifiers. transformers. fiber optic
ljnes. antennae poles. transmission structures street
lights ducts. fixtures and Appurtenances. and ot her
like equipment used in connection with transm itti ng
receiving distributing offering and providing util iti es
and other services.
Any artificially constructed barrier of woo d ma so nry
stone wire. metal or any other manufactured
material or combination of materials erected to
enclose partition beautjfy mark or screen are as of
land .
Any City owned facility system. or improvement
jnduding without limitation water and sewer main s
and Appurtenances. the City Pitch. storm drains and
structures streets. alleys traffic signal poles and
Appurtenances conduits. signs landscape
improvements sidewalks and public safetv
equipment .
Materials including without limitation grass ground
cover shrubs vjnes. hedg es or trees and non-livmg
natural materials commonly used in landscape
development. as wen as attendant irrigation svstfilnj,.
Any area used as a park playground open space or
trail devoted or designated for actjve or passive
recreation .
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fERMIT:
PERMl'M'EE :
PERSON :
PUBLIC RIGHT OF WAY OR
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Any authorization for use of the Public Rights of Way
granted in accordance with the terms of this Chapter.
and the laws and policies of the City.
The holder of a valid Permit issued pursuant to this
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Any individual firm. entity partnership special.
metropolitan. or general district association
corporation company. or organization of anv kind.
RIGHT OF WAY OR PUBLIC WAY : The total surface area. and the area above and below
the surface that is dedicated deeded reserved by
plat or otherwise owned or controlled bv the Citv for
public use for · Infrastructure improvements
pedestrians vehicular movement Parks uttljties. or
storm drainage and runoff.
RIGHTS OF WAY
OCCUPANCY PERMIT:
SERVICE CONNECTIONS:
SPECIFICATIONS:
STRUCTURE :
Any Permit for temporary use or occupation of Public
Rights of Way where there are no Infrastructure or
Facility improvements proposed to be placed in the
Public Way. and existing Infrastructure or Facility
improvements in the Right of Way will not be
disturbed Rights of Way Occupancy Permit-s do not
require payment of degradation fees as part of th e
Pennat fee
Any work involved in taking the Permittee 's se n-;ce s
from the Permittee's Facilities to individual
properties when this work can be done without
disturbing Public Way street improvements.
Engineering regulations. construction specifications
and design standards adopted by the City.
Anything constructed or erected with a fi..'ted location
below. on or above grade including without
)imitation foundations fences. retaining walls.
awnings balconies and canopies.
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SURPLUS DUCTS OR CONDUITS : Conduits or Ducts other than those occupi ed by
Permittee or any prior Permittee, or unoccupied Du cts
held by Permittee as emergency use s pares . or oth er
unoccupied Ducts that Permittee rea sonably exp ects
to us e within t hree (3 ) vears from the date of a
request for use .
WORK:
11-7-3: POLICE P~:
Any use or storage of equipment or materi a ls. or a ny
labor performed including but not lim it~
construction maintenance and repairs of stree t s a nd
aU related Appurtenances fixtures. improve me nts
sidewalks dn vewav op e nings. landsca ping bu s
shelters bus pads. street lights a nd tra ffic s ign a l
devices . It shall also mean construction mainten ance .
and repair of all underground structures s uch as
pipes. conduit. ducts tunnels manholes vaults.
buried cable wire or any other similar structure
located below s urface a nd in st a llation. ma intena nce
and repair of overhead pole s a nd wires used fo r a nv
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The Permittee·s rights hereunder are subject to the police powers of the City which includ e
the power to adopt and enforce its Code. including amendments to this Chapter. necessarv
to the safety health and welfare of the pubhc. The Permittee shall comply with all
applicable laws and ordinances enacted or hereafter enacte d . bv the City or any other
legally constituted governmental unit hayjng lawful jurjsdictjon over the subject matte r
h ereof. The City reserves the right to exercise its police powers. notwiths tanding a nything in
this Chapter and the Permit to the contrary. Any conflict between the provision s of the
Chapter or the Permit and any other present or future lawful exerci se of the Ci ty police
powers shall be resolved in favor of the latter .
11 -7-4: PERMIT REQUIRED:
~ Contractor's Llcense It shall be unlawful for any Person other tha n the City or a fr a nchi see
to perform any Work in the Public Way without first obtaining a Contractors Lic ense from
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Obtaining a Permit. No person exce pt an emplovee or official of the Citv or a person
exempted by contract with the Citv s hall undertake or permit to be undertaken anv
construction excavation. or Work in the Public Rights of Wav without fir st obtaining a
Permit from the City as se t forth in this Chapter except for Service Connections ·
Emergencies as provided in E .'.\'1.C . 11· 7-22 and routine maintenance as provided in E .:'\I.C.
ll-7-4(G). Such Permits will be iss ued onlv to regularlv licensed and bond ed co ntractor s or
to a homeowner for the propertv in whjch he owns and reside s. A copv of each permit
obtained. along with associated documents shall be maintaine d on the job s ite and
available for inspection upon reguest by any officer or employee of the Citv . A Pe rmi t issued
under this Chapter may not be effective for more than one hundred and e1ghtv (180) davs .
The e:rniration date of the Pe rmit s hall be s tated on the Permit.
~-Construction Excavation or Work Area. No Permittee s h a ll perform construction
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excavation or Work in an area larger or at a location different. or for a long er pe ri od lliJ.!lli'
than that specified in the Permit or Permit application . If. after co nstruction . exc:w :n1 on, or
Work is commenced under an approved Permit. it beco mes necessa r.· to per fo rm
construction excavation or Work in a larger or different a rea than omnna lh· r equest d
under the application or for a longer period of time the Permit tee s h all not1fv the Cm·
Manager immediately and within twenty-four hours s hall file a s upple me nt(lr.· applicati on
for the additional construction excavation or Work a nd the Pe rmittee sha ll he bill ed fo r th
additional amount owed .
Permit Transferabilitv or Assignabilitv . The applicant mav s ubco ntract the Work to be
performed under a Permit provided that the Perm1ttee hall be a nd remain r espon s ibl e fo r
the performance of the Work under the Permit and all m urance a nd financial sec uritv a s
reguired. Permits are transferable and assignable 1f the transferee or assignee po sts a ll
required security pursuant to this Chapter and agrees to be bound by all req uirements of
the Pe rmit and this Chapter.
Developer Ownershrn of Public Infrastructure . In the Citv the phvsical co nstruction of
public infrastructure in new developments 1s the re s pon sibility of the deve lop er of the la nd
Ownership of that infrastructure re mains with the developer of the land until acceptance bv
the Citv. Any Deve lop e r of land where Work 1s undertaken on Infras tructure that is within a
Public Right of Way but prior to acceptanc e bv the Citv. shall obtain a Permit fr om the Citv .
The City will not accept public Infra st ructure improvements where Work performed is not
in accordance with a pplica ble Citv specifications and applicable provisions of this Chapte r .
Excavating Without a Permit. Any person or utility found to be conducting any excavation
activity within the Pubhc Right Of Way without having first obtained the required Pe rm1t(s).
except for Service Connection s and as proyjded in E .M.C 11-7-22. sh(ll) immediatelv cease
all acU\'lty (excl u 1v e of act ions required to sta bilize the a real and he req uired to ob t a m a
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Permit before Work may be restarted. A surcharge shall be required in addition to all
applicable Permit fees Thjs surcharge shall be set by Council Resolution.
Q. Routine Maintenance Exemption. Any Permittee may undertake routine maintenance on
existing facilities without obtaining a Permit from the City providing:
l No work occurs on any collector or arterial street on a weekdav during the morning or
evening rush hours as defined by E.M C. ll-7-14{Dl .
~-Safe work area traffic sirning and barricading is provided in accordance with Part VJ of
the Manual on Uniform Traffic Control Devices.
~-The routine maintenance work does not involve any material disturbance of anv Puhli c
way Infrastructure improvements .
~-The routine maintenance work does not involve any activities that generate noise
levels that constitute a public nuisance as defined in the noise control pr oV1sions of th e
E.M C 6-2 between the hours of 9 :00 p.m. and 6 :00 a.m.
11-7-5: PERMIT APPLICATION -PERMIT CONTENTS:
~-Permit Application . An applicant for a Permit to allow construction. excavation or Work m
the Public Right of Way under this section shaU :
!· File a written application on forms furnished by the City which shall include the
following·
~ The date of application .
k, The name and address of the applicant
~ The name and address of the Developer .
d. The name and address of the Contractor who is going to perform Work in th e
Public Right of Way {Contractor must have a Contractor License from the City).
~ An emergency telephone number at which the Contractor doing the Work may be
contacted on a 24 hour basis .
t The exact location of the proposed construction. excavation or Work activity .
I! A description of the Work proposed .
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~ The type of exi sting public Infrastructure {street pave me nt. curb a nd gutte r .
s idewalks or utilities) impacted by the construction. excavation or Work .
j. The purpose of the propose d construction excavation or Work.
j . Estimated start date and estimated time to co mplete Work .
~-The proposed hours of Work.
~ An itemization of the total cost of restora ti on . CTf re quired to establi sh the
performance bond requirement.) Itemized cos ts s hould be based on actual cost
to do work. if in the opimon of the Citv Manager t he itemized cos ts a pp ear
inadequate then the costs shall be adjusted to be in hne with the m ost r ece n ~
~ceived bv the City or by the Colorado De partment of Trans portation for
similar work.
~-Any deli nque nt charges due the City by the applicant or its co ntractor for pri or Work
must be paid . Perm ittee mav establish an escrow acco unt with the Citv to cove r
charges fo r Pe rmits .
~-Attach co pi es of all Pe rmits or licenses required to do t he propose d Work or to wor k
jn the Public Rights of Way {including required insurance depos its bonding a nd
warranties unless otherwise specified in a fr a nchi se agreement between the
~ittee and the City) and any licenses or pe rmits that a r e required unde r the
laws of the United States. the State of Colorado or other ordinances or r e gul ations of
the City . If relevant permits or licenses have bee n applied for but not vet r eceived.
provide a written statement so indicating. Copies of any s uch permits or licenses
s hall be provided to the City within forty-eight ( 48) hours a fter r ece ipt.
g.
Provide a satisfactorv pl a n of Work showing protection of the s ubiect propertv and
a djace nt properties .
Provide a satisfactory plan for the protection of exi sting landscapi ng whe n the City
determines that damage may occur .
Include a s igned statement verifying that all ord ers issued by the Citv to the
applicant. requiring the applicant to correct deficie ncies on previou s permits. h ave
been satisfi ed.
Include with the application e ngineering co nstruction drawings or s ite plans fo r the
proposed co nstruction. excavation or Work .
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Include with the app li ca tion a sat1 sfactorv traffic co ntrol. work a r ea barnca d111g . anrl
e r osio n protect10n plans for the propose d co nstruction excavat10 n or Work .
~-Include a state ment indicating a ny proposed joint use or own e r s hip o f the F a cilitv :
any known e xi s ting Facility or Permit of the a ppli ca nt at thi s lo cation-a m · known
e xisting F acilitv of others with whi ch the propose d 111 stallat1on s might co n fu ct · anrl
the name, address and te lephone numbe r of a re presentative of the a ppli ca n t
available to review proposed lo ca tions a t the s it e .
10. Pay all required P ermit fees .
~-Updating Applications. Applicants s h all update a nv new inform a tion on Pe rmit
l!ll.Rlicat.ions within ten /10) day s a fter a ny mate n a l cha nge occ urs.
~-Joint Applications . Appli ca nt s mav applv 1ointlv for P ermits to Work in pu bli c nghts of wa,·
at the s ame time and place . Applicants wh o a pply jointlv for Pe rmits m:w s h a re in tier
payment of the P ermit fee . Applicants mu s t a gree a mong themselv es as t o the po rtio n each
s hall pav.
11-7-6: PERMIT FEE:
!'.}. P e rmit F ee. Before a Permit 1s iss ued pur uant t o
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the Citv a Pe rmit fee whic h s h a ll be d e termined m a cco rd a nce wnh a fee ,chedul ad o t ed
by h e Citv Council bv resolution . Fees will be r easonablv r ela t ed to the co~ts 111 h r ent 111
managing the Public Rights ofW a v. The se cos ts includ e but a r e not nece~. univ hm1 rl o
administering this Chapter the cos t.s of permitting. venfym g. and maw.111 R1 h t s o f \\"a v
occupations. inspecting 10b ,1t es and Rights of \Vav r estorations a nd co . ts r ela ung t o th ~
degradation of the Rights of Wav , 1.e . the cos t to ac hi eve a leve l of r estoration as det e rmm ed
bv the City at the tim e the Pe rmit is issued.
Reduction in Degra dation Cos t s. The portion of the Pe rmit fee relaung to d egradation cos t s
s ha ll be r ed uc ed by the Citv in cases where the a ppli cant demons trates to the sat1sfo ct1 on of
the City Ma nager that the excavation propose d will be used bv three or more e nt1t 1e .• legaJl v
a nd fin a nciallv unrelate d. for the installation maintenance or repair of Fac1 ht1 s Th!l
~d ation cos t port10n of the Permit fe e s hall be furth er reduced in cases wh e r e the
a pplicant demonstrates to the sat1sfact1on of the Citv Manage r that the excavation to be
ma de will be co mmenced and completed durmg the twenty-four (2~) month pe n od
immediately prior to the scheduled repaving or r esurfaci ng of a street, as ind icated 1n the
mo st recent edition of the City"s Repaving Plan. There nre n o degra dation cos t s fo r Work
that does not involve material disturbance of street improvements in the Rights ofWnv .
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11-7-7: PUBLIC RIGHTS OF WAY RENTAL POLICY AND CHARGES:
Reserved for future u se .
11-7-8: INSURANCE AND INDEMNIFICATION:
~-Insurance Coverage. Unless otherwise specified in a franchise agreement betwee n the
Permittee and the City prior to the granting of anv Permit. the Permittee shall file with the
City an insurance policv or ce r t ificate in a form satisfactorv to the Citv with cove r a ge as
follows:
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!· The Permittee shall carrv and maintain in full e ffect a t all tim es a co mm er cia l
general liability policy including broad form prope rtv damage co mpleted ope r a t ion s
co ntractual liability explosion h aza rd co ll a pse hazard underground propertv
damage hazard. commonly known as XC U. for limits not less than one mill io n
dollars (S 1 000 000 .00) each occ urre nce for d a m a ge s of bod il v injurv or dea th t o one
or mor e persons· a nd five hundred thousand d oll a r s ($500 000 .00) each occ urre nce
for damage t o or destruction of propertv.
~. Workers com pe n sation insurance as r equired bv State law.
The Cit v s h a ll be r elieved of the obligation of s ubmittin a ce r tifi ate of m s ur:rn cc .
Insuring Additional or Subseq uent P ermit Hold ers. Whenever a nv per so n has filed wi th th e
City evidence of insurance as require d anv additional or subsequent P e rmit hold e r in the
employ of said initial perso n mav. at the discretion of the C ity. be exc used from d eposit ing or
filing any additional evi dence of insurance if s uch e mplovee is fullv cove r ed bv the
P ermittee's insurance policv.
Protection Against lmury or Da mage to Pe r so ns or Property . Each Pe rmittee s h a ll
construct. maintain. a nd operate its facilities in a ma nner which provides protection against
injury or damag e to persons or prope rty .
The Permittee. for itself and its rela ted entities a ge nts. e mplovees. s ub co ntractor s
and the a gents and employees of said subcontractors. s hall save the City h arm le~s.
defend. and indemnify the City its s ucce ssor s. assigns officers. e mpl oyees a gents
and appointed and elected officials from a nd against all liability or d a mage a nd a ll
cl a ims or demands whatsoever in nature. unless caused by the negligent or
inte ntional acts of the C itv a nd r eimburse t he Citv for a ll its re asona bl e ex pen ses as
incurred a ri s ing out of the installation. mainte nance . operation o r a ny other Work or
activity in the Public Right of Way or by the P e rmittee r elated to its use thereof.
including but not limited to the actions of the Permittee its emplovees. a gents.
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Contractors related entities. successors and assigns or the sec uring of a nd t he
exercise by the Permittee of the Permit rights granted in the Permit including an"
third party claim s. a dministrative hearings and litigation · whethe r or not a nv act or
omi ssion complained of is authorized. allowed or prohibited by t.h is Chapter or other
applicable law .
~. The terms of each contract awarded bv the Pe rmittee for act1vittes pursua nt to a
Permit shall contain indemnity provisions wherebv the Co ntracto r s h a ll inde mmfr
the City to the same extent as de scribed a bove.
~. The Permittee s hall have the right to defend the City with r ega rd to all t hird part,·
actions. dama ges a nd penalties arisin g in anv wa v out of t h e exerci se of a nv r ights 1n
the Permit. If at a ny tim e h owever Pc rmittee refuses to defe nd a nd the Citv ele ct s
to defend itself wi t h regard to -uch matters the Pe rm ittee s ha ll pay a ll rea so mibl e
e xp e n ses incurred b\' t he Citv r elated to ns de fe nse.
~. In the eve nt the Citv in stitutes hugation a gainst the Permittee for a breac h of the
PeLmit or or an interpretation of this Ch apter a nd the Cm · 1s the prern1h ng part,·.
the Permittee s h a ll reimburse the Cit\' fo r all co ts r ela ted he reto. includi n g
reasonable a ttornev's fees . The Permittee s h a ll not be obli ga t ed to hold harm le s or
indemnify the Ci ty for clr11_ms or de mands to the e xtent that the v a re due to the
negligence or a ny intentional a n d/o r willful acts of t he Ci t v or a n\' nf 1ts off, ·r r s..
emp lovees or agents .
~. In the event the Permittee is a public enti t\' t he indemmficauon requ irement s of
this section s h all be s ubj ect to the pro vis ion s of the Colorado Gove rnm e ntal
Immunitv Act.
11-7-9: PERFORMANCE BOND/LETTER OF CREDIT:
f}. Letter of Credit. Befo r e any Pe rmit r e quired b" this Ch apter s hall be iss ued t o an
applicant the a pplica nt s hall fil e with the City Manage r a bond or letter of credit in fa\'o r of
the City in a n amount eq u a l to the total cos t of co n struct10n . including labor a nd mate ri al s.
or fi ve thousand dollars. whi cheve r is greater. Th e bond or lette r of credit s hall be execut ed
by the a pplicant as prmcma l a nd by a t least one sur etv upon wh om service of process m av
be had in the stat e . The bond or lette r of cr edit s h a ll be co nditio ned up on the a ppli ca nt fullv
co mplyi ng with all pro,jsions of City ordinances rules and regul a ti on s. and up on payment of
all judgments a nd costs rendered against the a pplicant for any mater ia l ,. ,lation of Citv
ordin ances or state s tatutes that may be recovered against the ap plicant bv a nv per~on for
damages arising out of any negligent or wrongful acts of the applicant m the performance of
Work done pursuant to t he Permjt. The Ci tv mav bring a n action on the bond or letter of
credi t on its own behalf or on behalf of a ny person so a ggrje ved as beneficiary . The bond or
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letter of credit must be approved bv the City Manager as to form and as to the responsibility
of the surety thereon prior to the issuance of the Permit. However the City may wa ive the
requirements of any such bond or letter of credit or may permit the applicant to post a bond
without surety thereon upon finding that the applicant has financial stability and assets
located in the state to satisfy any claims intended to be protected against the security
required by this section .
Letter of Responsibility. A letter of responsibility will be accepted in lieu of a performance
bond or letter of credit from all public utilities all franchised entities. and all metropolitan.
water and sanitation districts operating within the Citv .
Performance Bond Duration. The performance bond . letter of credit or Jetter of responsibility
shall remain in force and effect for a m1rumum of two vears after co mpletion and accept.ance
of the street cut excavation or lane closure .
11-7-10: PERFORMANCE WARRANTY/GUARANTEE:
~-Warranty. Any warranty made here under shall serve as sec urity for the performance of
Work necessary to repair the public Right Of Way if the Permittee fails to make the
necessary repairs or to complete the Work under the Permit.
~. Guarantee. The Permittee by acceptance of the Permit expressly warrants and gu arantee s
complete performance of the Work in a manner acceptable to the Citv and warrants and
guarantees all Work done for a period of two years after the date of iniual acceptance a nd
agrees to maintain upon demand and to make all necessarv repairs during the two Year
period . This warranty shall include all repairs and actions needed as a result of:
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Defects in Workmanship .
Settling of fills or excavations.
Any unauthorized deviations from the approved plans and specifications.
Failure to barricade.
Failure to clean up during and after performance of t he Work.
Any other violation of this Chapter or the ordinances of the City.
Period of Warranty The two year warranty period shall run from the date of the City"s
initial acceptance of the Work. If repairs are required during the two year warranty period.
those repairs need only he warranted until the end of the initial two vear period starting
with the date of initial acceptance. It is not necessary that a new two year warranty he
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Contractors related e ntities. successors a nd assigns or the securing of and the
exercise by the Permittee of the Permit rights gra nted in the Permit. including a nv
third party claims. administrative he a rings. a nd litigation; whethe r or not a nv act or
omission complained of is authorized a ll owed or prohibited by this Chapter or oth er
applicable law .
~-The terms of each co ntract awarded bv the Permittee for activ ities purs uant t o a
Permit shall contain jndemmty provisions where bv the Co ntractor s hall indemmf..-
the City to the same extent as described above .
g. The Permittee s hall have rhe right to de fend the City with regard to a ll h1rd p aJ:b'
actions . da m a ges a nd penalties a ri s ing in a nv wav out of the exercise of a ny nghts in
the Permit. If at a ny tim e h owever Permtttee refu ses to defe nd a nd the Citv elects
to defe nd itse lf with re ga rd to s uch ma t ters the Permittee s ha ll pay a ll reason abl e
expenses incurred bv t he C1tv relat ed to its defe n se .
~-In the eve nt t he C itv in stitut es litigation aga in st the Perm1ttee fo r a breac h of the
Permit or fo r a n mterpretatton of this Chapter and the City is the prevailing pam·
the Penn1ttee s h all re imburse t he Ci ty for a ll costs re lated hereto. including
reason able a ttorney's fees . The Pe rmittee s hall not be obligated to hold ha rm ! s or
mde mmfy the City fo r cla ims or demands to the exte nt that thev a re due to the
negli gence. or any mtentional a nd/or willful acts of the Citv or a nv of its offi ·cri,,
e m plovees. or agents .
~-In the eve nt the Pe rmittee is a public ent1tv the ind em nifi cation req ui rements of
th1s section s hall be s ubject to the provi s ions of the Co lora do Governm ental
lmmunjty Act .
-i -PERFORMANCE BOND/LETTER OF CREDIT:
Letter of Credit. Befo re any Pe rmit required hy this Ch apte r s ha ll be 1. ued to a n
app li ca nt. the a pplicant s hall fil e with the Ci ty Manager a bond or letter of credit m fav or of
the City in a n amount eq ual to the total cos t of co nstruct io n . including labor a nd matena ls
or five thousand dollars. whi cheve r is gre ater . The bond or letter of credit s hall be e xe cut ed
by the applicant as princi p a l a nd by a t le ast one s uret v up on whom se[V]ce of process mav
be had in the state. The bond or letter of cr edit s h all he co nditioned up on the app li ca nt fullv
complyjng with all proyjsions of City ordinances rules and regul a ti ons . and upon pay ment of
a)) judgments and costs rendered a gainst the applicant for any mate ri a l ". 1!a tion of Citv
ordinances or state statutes that may be recovered against the applicant by a nv pe r~o n for
damages arising out of any negligent or wrongful acts of the applicant in t he perform a nce of
Work done pursuant to the Permit. The City may brmg an action on the bond or letter of
cre dit on its own behalf or on behalf of a ny perso n so aggrieved as be nefic1an•. The bond or
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provided for subsequent repairs after initial acceptance.
JJ . Repairs Under Warranty . At any time prior to completion of the two year warrantv period.
the City may notify the Permittee in writing of any needed repairs. Emergency repairs s hall
be completed within twenty-four {24) hours if the defects are determined by the Citv to be a n
imminent danger to the public health safety and welfare. Nonemerge ncy repa1rs s hall be
completed within thirty {30) calendar days after noti ce . If such deficiencies are not correc ted
within the prescribed time the City may make such corrections and the Permittee sha ll pa"
the actual costs thereof plus a penalty of fifty percent /50%} of the amount thereof.
~ Work Disturbed While Under Warranty. The warranty described in this se ction s hall cove r
only those areas of Work undertaken by a Permittee and/or its Contractors . In the eve nt
that Work of another Permittee or the City subsequentlv impacts a portion of Work unde r
warranty by a Permittee during the warranty period then the subsequent Permitt ee or t he
City shall assume responsibility for repair to the subsequentlv imp a cted sec ti on of Righ t of
Way .
11-7-11: INSPECTIONS:
The Cjty shall have the right to make inspections at any time to reject any work or materials whi ch
are defective or do not conform with the requirem ents of this Code the approved plans. or
specifications. Upon revj e w of the application for a Permit the City Manager shall determine how
many inspections if any may be required . For most Permits the inspection procedure will e ntail
the foHowing :
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Th e City conducts a pre-co nstruction inspection. to determine anv necessary condition s fo r
the Permit ,
The Permittee shall notify the City immediately after work begins and the City s hall co ndu ct
periodic inspections as Work operations are completed .
The City shall inspect the completed Work within twentv-one <21} days of Permittee's
request for initial acceptance . Initial acceptance will be given if all Work meets C1tv a nd
Permit standards .
~-Approximately thirty /30) days prior to the expiration of the two-year guarantee the City
sha1l conduct a final acceptance inspection of the completed Work . If the Work is still
satisfactory the bond or letter of credit sha)) be returned or allowed to expire with a lette r.of
final acceptance. less any amounts needed to complete Work not done by Permittee .
For Work that does not involve material disturbance in the Rights of Way the City Manager s hall
waive the final acceptance inspection and the performance bond/letter of credit.
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11-7-12 : PUBLIC SAFETY:
The Permittee shall maintain a safe work area. free of safety hazards . The Citv mav make anv
repair nece ssarv to eliminate any safety hazards not performed as directed . Anv such Work
performed by the Ci tv shall be completed a nd billed to the Permittee at overtime rates. The
Permittee shall pay all such charges withm thirty (30) days of the s t ate ment d ate. If the Permittee
fails to pay such charges within the prescribed time period, the Citv may. in a ddition to takin g other
collection remedie s seek reimbursement through the warranty guarantee. Furthermore the
Permittee mav be barred from performing any Work in the Public Right ofWav a nd under no
circumstances will t h e City issue any further Permits of anv kind to said P ermittee. until a ll
outstanding charges have bee n paid m full.
11-7-13: TIME OF COMPLETION:
All Wo rk Co \'e r ed b\' the P e rmit s hall be completed bv the date stated on the applica ti on . P e rm its
s hall be void if Work has n ot co mmenced six m onths afte r is s uance unle s an ext e n sio n ha s been
grant ed by the C1t\' :\t a nager. Performance bonds letters of credit or letters of r e pons1bilitv
deposited as a performance/warrantv guarantee for individual Pe rmits will be returned afte r vo 1d111g
of the Permit w1th admimstrauve and anv othe r Citv costs de ducted .
11-7-14: TRAFFIC CONTROL :
A. Traffic Control Plan . When it is necessary to obstruct traffic a traffic co ntrol plan s hall be
s ubmitted to the City prior to s tarting co nstruction except as provided m E.'.\I.C . 11-7-22
a nd l l-7-14(H). Part VI of the Manual on Uniform Traffic Control Devices or a n\' successor
publication thereto s hall be used as a guide for all ma intenance and construction s igning.
The Permittee shall illustrate on the Pe rmit the warnmg a nd co ntrol devi ces proposed for
u se. At the direction of the Citv '.\1anager s uch warning and co ntrol dences s hall be
modified . No Permit will be issued until the plan is app r ove d bv the Cit\". The Pe rm1ttce
s hall use extra care so as to minimize djsrupt10n to adjacent r o e rtv a nd d 1vc nd to
provide access to parking areas while accomplishing the Work. If access t o private nr.ornn:
must be blocked jn order to accomplish the Work. then the Perm1ttee shall de\'elop a n access
maintenan ce plan in coordination with and base d on all reasonable r equire me nt . o
affected pro pertv owners and tenants and s ubmit it to the City . No Pc rm1tt s hal hloc k
access to and from sides treets allevs. mainte nance roads. wa lkw a ,·s. dn,·e way .. ~1d~
bikepaths fire hydrants. fire stations fir e esca pes mail boxe s. dumpsters parke d veh1cles .
occ upant of the facility to minimize potential impacts.
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I}. Street Closures. If a street closing js desired. the Permittee will request the assistance and
obtain the approval of the Cjty . It shall be the responsibilitv of the Permit.tee to develop a
detour and signing plan. provjde advance warning signs to advise drivers of the street
closure and deliver notices to the affected properties a minimum of 48 hours prior to an\'
street closure. It shall be the re s ponsibility of the Permittee to not1fv a nd coordin :ne all
Work in the public way with police. fire ambulance other governmental e ntities and tran sn.
organizations .
~-Flag Persons. When necessary for public safety the Permittee s hall employ flag perso ns
whose duties shall be to control traffic around or through the construction site. The use of
flag persons may be required bv the City Manager.
~-Acceptable Hours of Construction. No construction shall be performed that obstructs or
impedes the flow of traffic on arterial or collector streets on wee kdavs d urmg the hour s of
7:00 a.m. to 9:00 a.m. or 3:30 p.m. to 6:00 p.m. without the approval of the Citv '.\'li!..llil.W',
except as provided in E.M.C. 11-7-22 . No work will be performed in the Public Wav that
involves activities that generate noise levels that constitute a public nuisance as fin d in
the noise control provisions of E.M.C. between the hours of 9:00 p.m . and 6 :00 a.m. wnh out
the approval of the City Manager. except as provided in E .M.C . 11-7-22 .
~-Traffic Control Devices . Effective work area traffic control must be provjded for all stre et
construction and maintenance and uulity and telecommunicat10ns work and ma1m ~nan cc
in order to provide for the safety of the workers. vehicular use rs. and pedestrians. Th e trne
of traffic control should be selected ba s 1 upon the typ e of roadwav traffic cond1t1 ons.
durat10n of operauon physical constraints and the proxim u,· of the work s pace to traffi c .. '11!
traffic control devjces and advance warning signs used for work area traffic control s hall
conform to the apphcable spec1fi c;,uons m Part V1 of the Manual on Uniform Traffi c Co ntrol
De,'ices . Traffic control devices are to be supplied bv the Perm1ttee. If us ed at night . the"
must be reflectonzed and must be illuminated or have barricade warning lights .
Prohibited Methods of Illumination. Oil flares or kerosene lanterns are not allowed a.
means of illumination. Nighttime work area flood lighting shall not be allowed to smll out of
the co nstruction area in such a way as to disturb annoy or e ndanger the co mfort. hea lth or
peace of others.
Maintenance and Construction Signing. The Contractor s hall be responsible for maintam1ru;
all work area signing and bauicading during construction operat10ns as well as any sums
and barricades that are needed to protect roadway users and pedestrians during non-w ork
hours During non-work hours all construction work area Ri gns that are not appropriate
shall be removed covered. or turned around so that they do not face traffic . Any defic iencies
noted by the Citv shall be corrected immediately by the Contractor. If Contractor is not
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availabl e or cannot be found the Cit\· may make such corr ection s and the Co ntractor s hall
pay the actual costs plus a pena lty of fift y percent (50 %) of t he a mount thereof.
Ii, Routine Maintenance. Any Perm1ttee may und ertake r outme mai ntenance on existing
facilities without obtaining traffic control plan app r ornl from the City proV1ding :
J: No work occurs on any collector or artena l street on a wee kday duri ng the morning or
evening rush hours as defined bv E .:\.I.C 11-i-l.t (D) above .
§; Safe work area traffic signing and barrica ding 1s p r oV1d ed in acco rd a nce with P:irt V1
of the Manual on Uniform Traffic Co ntrol De,,ces .
~. The r outine maintenance work do es not im·olve a nv mate ri:il disturbance of anv
Public Way Infrastructure improvements.
L Traffic Control Cos t s a nd Res pon s ibilities. All costs r elated to developing a \\ ork are a
traffic co ntrol plan and impl ementing the traffic co ntrol plan as well as m:.untammg the
traffic co ntrol ele me nts a r e the r espon sibilitv of the Pe rmittee .
ll-i-15: GENERAL RIGHTS OF WAY USE AND CONSTRUCTION :
~. Right Of Way Mee tings. Pe rmittee will ma ke r easona bl e effort s to attend a nd p a rticipa t e m
meetings of the City of which the Perm1ttee is made aware r e garding right of way iss ues
that may impact its Facilities including planning meetings to a nticip a te iomt trenching and
boring. Permittees and franchi sees s hall iomt trench or s hare bores or cut.s a nd coo rdina t e
co nstruction whenever it is possible a nd rea son a blv practicable so as to r ed uce so far as
possible the number of Right of Way cuts within t he Citv a nd the a mount oftime t h a t
pedestrian and vehicular traffic is obstructed or impeded
~. Minimal Inte rference . The Citv Manager s hall as. ign location s of Facilities in the Public
Right of Wav. Work in the Right of Way on other public property near publi c propertv or
on or near private property shall be done jn a manner that causes the least interfere nce with
the rights and reasonable convenience of prop e rty owne r s and re s id ents. Permittee's
Fac11iues shall be co nstructed and maintained in s u ch m a nne r as not to interfere with
ewers wate r pip es or any other prop erty of the Citv or with a nv other pipes wires
conduits pedestals. s tructures. or other Faci liti es that m:iy have bee n la id m the Rig hts of
Way bv or under the City 's authority. Five feet (5'} mmim um horizontal clearance and
ei ghtee n-inch <18") minimum vertical cl ea r ance s h all be p roY)d ed betw ee n Facilities and
water and sewer mains . If the minimum honzonta l a nd vertical cleara nces are not ad hered
to then t he Pe rmittee assum es all ri sk of damage a n d loss a ri si ng out of fai lure to co mplv
with required clearances. The Permittee's FaC11i t1 es s haU be located erec ted a n d
mainta ined so as not to endanger or inte rfere with the ljves of Pe rsons . or to interfe r e wi t h
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new improvements the City may deem proper to make or to unnecessa rtlv hinder or obstruct
the free use of the Rights of Way or other public property. and s hall not unreasonablv
interfere with travel by the public and the use of public pla ces during the co n stru ctio n .
maintenance and repair operation or removal thereof.
¥· Underground Construction and Use of Poles .
l Unless otherwise provided below when required bv genera l ordinances resolut wns
regulations or rules of the City or applicable state or federal law Perm1tte e·s
Facilities shall be placed underground at no cost to the City . Where all Fac1ht1 es nre
installed underground at the time of Permittee's construction or wh en all uch
Facilities are subsequentlv olaced underground. all Perm1ttee Fac1liu e~ sha ll a lsQ..lli'
placed underground at no expense to the City unless funding 1s gen erallv availa ble
for such relocation to all users of the Rights of Way . Placing facilities underground
does not preclude the use of ground-mounted appurtenances; howev er. related
equipment such as pedestals. must be placed in accordance with the Cit\··s
applicable rules a nd code requirements .
~-~istmg Facili ties are aerial the Perm1ttee mav install ae rial
Faciliues. For abo ve ground Facilities the Permittec shall utilize e x1 s tmg poles
wherever poss ible although under no circum stance s 1s t h e Perm1ttee all owed to
attach Fac1ljt1es to ornamental pole s .
~-Should the C1tv desire to place 1ts own Fac1hues in trenc hes or bores opened bv th e
Perm1ttee the Permntee s hall coopera te with the Ci t\· many co n struction bv the
Pemnttee that mvolves trenclung or bonn g provi ded that the Citv has fir s r notified
the Permittee in some ma nner t hat 1t 1s in tereste d in s haring the trenches or bores
jn the area whe re the Perm1ttee's construction is occurring . The Pe rmittee sh all
allow t he Citv to place its Fac1Jjt1es m the Permittee"s trenches a nd bores pronded
the City incurs any incremental increase m cos t of the trenching a nd boring. Shoul d
the City desire to install Du ct s or Co nduit for the possib le use of other e ntities then
the Permittee shall allow the City to place these Facilities m the Permittee's
trenches and bores provtded the City shares proportionally in the cost of trenchmg
and boring The City shall be responsible for maintninjng its res pe ctive Facilities
buried in the Permittee·s trenches and bores under this paragraph.
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);;!. Use of Conduits by the Cjty . The City may install or a ffix and maintain its own Faciliti es
for City purposes in or upon any and al) of Permittee's ducts co nduits or eq uipment in the
rights of way a nd other public places . at a charge to be negoti ated betwe en the parties Cbut
m no event greater than the best price charged by Permittee to any other us er} to the extent
Yl.!ce therem or thereon is reasonably available and pursuant to all applicable ordin a nces
and codes . For t he purposes of this subsection. "City purposes" includes but is n ot limited
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to. the use of the s tructures and installations for Citv fire. police . traffic. wa ter. telephone
and/or signal system s.
Co mmon Use r s.
! . The Rights of Way have a finite capacity for containing Facilities. Th erefo r e.
whenever the City determines it is impracticable to permit construction of a n
underground Conduit system by any other entity which may at the tim e have
authority to construct or maintain Conduits or Ducts in the Rights ofW av. but
excluding entities providing services jn competition with Permittee a nd unless
otherwise prohibited by federal or state law or regulations the Ci ty mav r e quire
Permittee to afford to such entity the right to use Permittee's Surplus Du cts or
Conduits in common with Permittee. pursuant to the te rm s a nd co nd1t1o n of a n
agreement for use of Surplus Ducts or Conduits entered into bv Perm it t ee and t h
other entity. Nothing herein s hall req uire Permittee to e nte r into a n a gree me n t wu h
s uch entity if. in Permittee"s reasonable determina tion. s uch an a gree me nt could
co mpromise the integrity of the Permittee's Facilities.
~-Permittee shall give a common user purs uant t o this Section a minimum of one
hundred twenty /120) days n otice of its need to occ upv a Co nduit a nd s hall propo se
that the common user take the fir st feasible action as follows :
Pay revised Co nduit rent desi gn ed t o recove r t he cost of retrofi tting the
Conduit wjth s pace-sayj ng technology s uffi cie nt to meet Pe rm1ttee 's s p ace
needs ;
Pay revised Co nduit rent ba sed on the cos t of new Conduit co nstructe d to
meet Permittee's s pace nee ds ;
Vacate the needed Ducts or Co nduit· or
Cons truct and maintain s uffi cie nt new Co nduit to me et Pe rmittee's s pace
need~.
Wh en tw o or more common u sers occ upy a section of Conduit F ac ilitv the last use r
to occ upv the Con duit Facility s h a lJ be the firs t to vacate or construct new Co ndu it.
When Cond uit rent is revised because of retrofitting. s pace-s aving technology or
co nstruction of new Co nduit a u common users shall bear the increased cost.
All Facilities s hall meet a ny applicable local. State. and federal clearance and other
safety requirements be adequately grounded a nd anchored. and meet the provis10ns
of contracts executed between Permittee and the other common user. Permittee
may. at its op tion. co rrect any attachment deficiencies and charge the co mmon user
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for its costs. Each common user shall pay Permittee for any fines. fees damages or
other costs the common user·s attachments cause Permittee to incur.
11-7-16: COORDINATION OF EXCAVATIONS: JOINT PLANNING AND
CONSTRUCTION:
~. Reduction of Disruption and Interference . Excavations in City Rights of Way di s rupt and
interfere with the public use of City streets and damage the pavement and la ndscaping .
The purpose of this Section is to reduce this disruption int erference and damage bv
promoting better coordination among Permittees making excavations in Citv Rights of Wa.,
and between these Permittees and the City . Better coordination will assist in minim lZlng
the number of excavations being made wherever feasible and will ens ure the exca va ti ons in
City Rights of Way are. to the maximum extent possible performed before. rather than
after the resurfacing of the streets by the Citv .
~. Excavation Master Plan. Any Permittee owmng operatmg or installing fa cilmes in Ci tv
Rights of Way proyjdjng water. sewer ga s electric co mmumcauon YJd eo or othe r u1 tl1t,·
services shall meet annually with the City l\·l a nage r at t he Cit,· '.\fanager·s r equest to
discuss Permittee's excavation master plan. At s uch meeting to the exte nt not a lread v in
possession of the City Permittee shall submit docume n ta t 10 n m a form r equire d bv t he Cit\·
Manager, showing a location of the Pe rmittee's existing facilitie s in the Ci tv Rights of W, , ..
Permittee shall di scuss with the City Manager its excavation mas ter plan a nd identifv
planned major excavation Work in the City . The Ci t •: '.\-t a n a ger mav ma ke his own r eco r d on
a map drawing or other documentation of each Permittee·s pl a nned major e xcavati on Work
in the City-provided however that no such document prepared bv the Citv l\1an ager s h all
idenufy a particular entity or the planned major excavation Work of that particula r e ntit,·.
Permittee shall meet with the City Manager to discuss an initial excavat10n ma ster plan no
later than SL',:ty (60) days after submitting jts first Permit application. Thereaft er. eac h
Permittee shall submit annually on the first regular business dav of Januarv. a r cvi~c d and
updated excavation master plan. As used in t his subsection. the term .. planned m a19 r
excavation Work" refers to any future excavations planned bv the Permit tee wh e n t he
excavation master plan or update is submitted that will affect anv Citv Right of \V av fo r
more than five {51 days provided that the Permittee s hall not he required to id e ntifr future
major e xcavations planned to occur more t han two (2) vears afte r the date that the
Permittee's master plan or update is discussed . Between the a nnual meetmgs to disc u ss
planned major excavation Work Permittee sha)l use its be sts efforts to inform the Ci tv
Manager of any substantial changes in the planned ma,or excavation Work dis cussed at the
annual meeting.
~. Repaving Plan. The City Manager shall prepare a Rep avi ng Plan s howing the str eet
resurfacing planned by the City . For purposes of this Section the Re paving Plan s hall
include a landscapi ng or other Right of Way improvement plan . The Repavi ng Pl an sh all be
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revised and updated on a n annual basis after meeting to discuss the P e rmittee 's and the
City's master plans and updates. The City Manager s hall make the Citv·s Repaving Plan
available for public inspection. In addition. after determining the s treet resurfacing Work
that is proposed for each vear the Citv Manager shall send a notice of the proposed Work to
all Permittees that have had an annual meeting with the Citv Manager .
~-Coordination with Repaving Plan. Prior to applving for a Permit. anv P e r son planning to
excavate in the City 's Rights of Way shall review the City"s Repaving Plan on file with t he
City Manager and shall coordinate. to the extent practicable. with the utilitv and s tree t
Wo rk shown on such plans to minimize damage to and avoid undue disruption a nd
interference with the public use of such Rights of W av .
fa;. Loca ting Faqlities. In performing locates of Facilities in the Public Right s of \\'a v in
pre paration for construction under a Permit. Permittee s hall compile all info rm a ti on
o bta in ed regarding its or anv other facilities in the public righ ts of wa ,· r ela t ed t o a
particular Permit. and shall make that information availa bl e to the Citv m a writte n a nd
ve nfied format pursuant to written City policy .
Doc umentation of Location of Permittee's Facilities . Prior t o unde rt a king ci m· Wo rk i n th e
Rights o(Wav the Citv mav notify all Permittees of the C1tv Work t o be per fo rmed . L'po n
such notification all Permittees shall within seven {i) days lo ca t e thei r Facilities in the
Rights of Way in which the Work will be performed. and provide d oc um e ntation in a form a t
pursuant to written Citv policy of the Permittee·s Facilities rn tha t. Right of Way . If the
Permittee fails to proVJde the locate informauon request e d by t he C1tv the C itv may obtain
this information and charge the Permittee the actua l cos t s fo r obt;11mng t he information .
11-7-17: MINIMIZING THE IMPACTS OF WORK IN THE RIGHTS OF WAY:
Q· Notification Association. Before placing any Facilities in the Ca,· Righ t of Wav all e ntities
shall become a member of the Utility Notification Cente r of Co lorado (U :\'CC) and s hall
comply with all requirements provided in C.R.S . §9-1.5 et seq . In a ddition all e ntitie s are
responsible for making inquiries of all ditch companies, utilitv companies di stricts. lo cal
government. and all other agencies that might have facilitie s in the are a of Work to
d e termine possible conflicts .
fl . Field Locates. The Permittee shall contact the UNCC and reques t fi e ld location s of a ll
facilities in the area pursuant to UNCC requirements. Field locations s hall be marked Pri or
to commencing Work . The Permittee shall support and protect all pipes. conduits. poles
wires. or other apparatus which may be affected by the Work from damage during
construction or settlement of trenches subsequent to construction.
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Noise. Dust. Debris. Hours of Work. Each Permittee s hall cond uct Work in such manneU'!§
to avoi d unnecessary inconvenience a nd annoyance to the general public and occupant s of
neighboring property . In t he performance of t h e Work. the Permittee s hall ta ke a ppropria te
measures to r ed uce n oise dust and uns1ghtlv debris . i o Work s ha ll be done betw ee n t he
hours of 9:00 p .m. a nd 6 :00 a.m . except with the written permiss10n of the Citv Manage r . or
in case of a n Emergency . Any e ntity with Facilities int.he Public Right ofWav ma\'
undertake routine maintenance on exi sting fa cilities without obtaining written permiss ion of
the Citv Manager proV1ding :
l · The routine maintenance work do es not m\'Olve a ny ma t e rial di s turbance of a nv
Public Wav Infra structure improveme nts .
~. The routine m aintenance work does n ot mvolv e a nv activities that gen er ate noise
levels that constitute a _ public nuisance a s defin ed 111 the n01se co ntrol provi s ions of
the Municipal Cod e.
~. Trash a nd Construction Materials. Each Perm1ttee s hall maintain the Work s ite so t hat :
F
l · Trash and con s truction materi a ls are contained so that thev are not bl own off of the
construction site.
~-Trash is r emoved from a construction s ite often enough so t h at it does not beco me a
h ealth fire or safety hazard .
l Tras h dumpste rs and s torage or co n s tructi on trailer s are not placed in the s treet
without specific approval of the City Manager .
Depos it of Dirt and Material on Roadway s. Each Permittee shall utilize their be s t efforts to
eliminate the tracking of mud or debris up on any street or sidewalk . Stree ts and ide wal ks
shall be cleaned of mud and debris at t he e nd of each dav . All equipment and trucks
tracking mud a nd debris into the Right of Wav hall be cleane d of mud and de bri s at the
end of each day or as directed by the City Manager .
Protection of Tree~ and Landscaping . Each Permittee s hall use the ir best effort s to prot ect
trees. landscape and landscape features as r equired bv the City . ..\11 protective mea s ures
s ha ll be provided at the expense of the Permittee. If Pcrmittee causes damage to trees a nd
other landscape features. then the Permittee shall be r esponsible for repairs and depending
upon the extent of damage. the replaceme nt of t h e landscape improvements .
Protection of Paved Surfaces from Equipment Damage. Backhoe equipment outriggers s ha l)
be fitted with rubber pads whenever outriggers are placed on any paved surface Trnck.fil!
vehicles that wjU damage pavement surfaces are not permitted on paved surfaces unless
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speci fi c preca utions are ta ken to protect the s urface . The P ermittee will be r es po n s ibl e for
a ny damage ca used to the pavement bv the operation of such e quipme nt a nd s hall repair
s uch s urfaces. F a ilure to do so will re s ult in the use of the a pplica nt's pe r fo rm a nce/w a rrantv
guarantee bv the Citv to re pair a ny damage and possiblv, the requireme nt of ad dit10 na l
wa rrantee{s).
~-Protection of Property. Each Permittee s hall preserve private a nd public prope rtv and
protect it from damage . The Permittee s hall, at its own expense, s hore up a nd protect all
buildings, wall s fence s or other propertv likelv to be damaged during the Work . a nd s hall be
res ponsible for all damage to public or private property resulting from fai lure to prope rh·
p_rQtect and carry out Work in the Public Wav.
J. Sanitary Facilities . Each Permittee s hall provide necessarv sanita rv fac1lit1 es fo r worker s .
g,. Clean Up . As the Work progresses a ll Public Rights of Wav and private pro pe rtv s hall be
thoroughlv cleaned of a ll gas a nd oil s pill s. rubbi h . excess dirt. ro ck . a nd oth er d e bri s . All
cl ean up o peratio n s s hall be d one a t t he e xp e n se of the Pe rmittee .
K Preservati on of Monume nt . A Pe rm1ttee s h a ll not di sturb or mov e a nv land m o num e nts.
propertv marks o r s urvev hubs and points th at m a v inte rfere or be impacted bv the
proposed Work until their loca ti on has bee n witnessed or r efe r enced in accordance with
standa rd s urvey practices or unle~s ap p rova l is o btained from the Citv Mana ge r Anv
JllOn um e nts, hubs and pomts di s tur be d will be r ep laced bv a Co lor a d o Re gi s t e r ed Land
Surve yor a t the P e rmjttee's exp e nse .
L.
co ns tructi on vehicle parking so that neighborhood and bu 1
s ite 1s not impacted.
M· Maintaining Safe Walkways. Each Pe rmittee s h a ll ma m tam a n adequate a nd safe
unobs tructed walkway around a construction s ite m accordance with E .'.\.I .C. 11-3-3. In
cases where the s idewalk must be blocked and pedestrian traffi c must be ro uted a r ound th e
work area the Permittee s ha ll prov id e a d equate barricading and detour sj gning t o protect
a nd serve the pedestrians. Once a Perm1ttee has occ up 1C d the Public Way. it s hall be the
Pe rmittee's r espons ibility to clear a ll s now a nd ice h aza rd s from publi c s idew a lk s at the
Work site following a sn owfall in conformance with E .'.\1 .C. I 1-3 -2.
ll-i-18: STANDARDS FOR REPAIRS AND RESTORATION:
Q· Owne r Responsibility . Whenever the Citv Manage r or d esignee determmes that anv
si d ewa lk curb or gutter should be constructed or repaired it shall ca use notice in writing. t o
ma ke s uch co n struction or repair within thirty {30\ days to be served up on the owne r or
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agent in charge of the premises alongside thereof. as provided in Section 1-10-1 of thi s Corl e .
If such construction or repairs are not made by the owner within th1rtv {30) day s afte r
service of the notice the City Manager or designee may order such construction or rep a irs to
be made by the City and the expenses connected therewith shall be a lien upon the propert"
a!ongsjde such sidewalk until the cost thereof is fully paid. \Vhen such con s truction or
repairs are made by the City the cost thereof shall be assessed bv the City upon th e
property fronting upon the same and if the assessment is not paid within thirtv {:lO ) day.
thereafter the City shall certify such assessment to the County Treasurer who s hall pl ace
the same upon the tax list for the current year to be coll~d in the same manner as othe r
taxes are collected. with ten percent {10%) pe nalty thereon to defrav the co s t of coll ection.
~-Permittee Responsibility. The Permittee shall be fully responsible for the cost and actua l
performance of all Work in the public way. The costs associated with compaction tes ting
shall be borne by the applicant. The Permittee shall do all Work in conformance with the
approved plans. any and all engineering regulations. construction specifications a nd des ign
standards adopted by the Cjty. These standards shall applv to all Work in the pubhc wa"
unless otherwise indicated in the Permit.
~-Restoration of Work Site Condition . All restorat10n s hall result in a Work site con~
equal to or bettt'r than that which existed prior to construction. In addition to the
regulations. specifications and standarda referred to in subsection {Al the following
provis10ns shall applv to Work m the public rights of way of the Ciw .
Pavement cuts shall be filled with compacted select material. Either con crete or
asphalt patches will be place d to match the ex1 s tmg street cross se cu on Se lect
material s hall include select fill. s tone {COOT 26 or 57l or controll ed rl enmy
ffiowable) fill .
~-The new asphalt will be placed by City cre ws unle ss s pec ial circumstance s ra1 _ed b;
City Staff. or the Permittee justify the Perm1ttee contracting with a repu t,1 bl e pa,i ng
firm to complete this work to Cjty standard.
Concrete meeting all construction standards of the City shall be used to re pla ce
concrete pavement wherever it occurs .
~-Flowable fill backfill material satisfying design and construction standards adopted
the City shall be used to restore an trenches that have been excavated in the paved
portion of any public street or all cv. When controlled d ensity fill type material 1s
used steel plate will be placed to cover the opening for the time required to all ow th e
material to set. or until asphalt patching is completed . The applicant may utilize
granular backfill material in lieu offlowoble fill backfill material. provided that a ll of
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the following conditions are satisfie d .
!!· Prior to the issuance of a Permit for construction. excavation or Work
actiVJty. in the public Right Of Way the applicant must request and receive
approval for the use of granular backfill material.
g. The type. gradation placement compaction and testing of the granular
backfill material shall meet or exceed all requirements specified in de sign
and construction standards adopted the Citv. The costs associated with
compaction testing shall be borne by the applicant.
Once the compacted backfill has been placed an as phalt cutback s hall be
made. The cutback wjll extend 6 inches minimum on each side of the
opening and wj)l be over undisturbed pavem e nt mate rial {1-1/2 inch de e p
minimum). All edges of the opening shall be neatly cut with a n asphalt saw
at 90 degrees to the roadway and uniformh· tacked.
11-7-19: CONSTRUCTION AND RESTORATION STANDARDS FOR NEWLY
CONSTRUCTED OR OVERLAYED STREETS:
No person shall cause an open trench excavation or potholing of utiliti es m the pa\'ement of a nv
Public Right of Way for a period of two years from the completion of construction or resurfacing
except in compliance with the provisions of this Section.
~ Permit Application. Any application for a Permit to Excavate in a Public Right of W av
subject to the requirements of this section shall contain the following information :
~.
J. A detailed and dimensional engineering plan that identifies and accuratelv
represents the City Rights of Way or property that will be impacted by the proposed
excavation. as weU as adiacent streets and the method of co nstruction .
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The street width or alley width including curb and gutter over the total length of
each City block that will be impacted by the proposed excavatton .
The location width. length. and depth of the proposed excavation .
The total a rea of existing street or alley pavement in each individual City block that
will be impacted by the proposed excavation.
g. A written statement addressing the criteria for approval.
Criteria for Approval. No Permit for excavation in the Right of Way of new streets s hall lie
approved unless the City Manager finds that all of the following criteria have been met:
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Boring or jacking without disturbing the pavement is not practical due to phvs1cal
characteristics of the street or allev or other utility conflicts .
Alternatjve utility alignments that do not involve exca vating the str,~t or alley a re
found to be impracticable.
The proposed excavation cannot reasonably be delayed until after the two vear
deferment period has lapsed.
Exemptjons for Emergency Operations . Emergency mamte nance operations s h a ll be limit ed
to circumstances in,•olving the preserva tion of life property . or the rest oration of cust omer
service. Persons with prior authorization from the C1tv to perfo rm eme rge ncv mamt na nc~
operations within the Public Rights of Way shall be exe mpted fr om this Sec t 10 n . Anv Per1,o n
commencing operations under the laws of this Section shall s ubmit detailed e ngi~
plans construction methods and remediation plans no later than three workmg davs after
initiating the Emergency maintenance operation .
Construction and Restoration Standards for ~ewlv Constructed or Ovc rlav e cl Street. 11 11d
Alleys. The streets shall be restored and repall'ed in ;i.ccordance with de.1gn a nd
construction standards adopted the Citv and guarantee d m a ccor dance w1th E .:\I.C. 11 -6 -1.9
~-Exemptions for Non-Emergency Operations. A Permittee may apply to the C1tv :\lana r
an exemption under this Section when the construction is necessarv m the publi c mt en~s r
to provide a public service . By wav of example but not by limit a ti on a n e xempu on could be
requested jn order to provide services to a part of the City where no sen;ce would be
available without construction. If a non-emergency exemption is g:::anted to di sturb a Pu bli c
Way within the two (2) year period the City Manager may. in his so le discretion imp os e
additional restoration requirements mcluding but not necessa r1lv limited to. roto-milling
and repanng of a larger area such as an entire block in which the construction occ urs .
11-7-20: RELOCATION OF FACILITIES:
If at any time the City requests the Permittee to relocate is Facilities in order to allow t he Citv t o
make any public use of Rights of Way. or if at any time it shall become necessarv beca use of a
change in the grade or for any other purpose bv reason of the improving. repamng co nstructmg . or
maintaining of any Rights of Way. or reason of traffic conditions public safetv or bv reason of
installation of any type of structure or public improvement by the City or other publi c ~ ~
special district. and any general program for the undergrounding of such faciliti e,; to move or cha ng c
the Permittee's Facilities within or adjacent to the Rights of Way in any manner e ither temp orarily
or permanently the City shall notify the Permittee at least ninety C 90) days in advance except m
the cas e of emergencies of the City's intention to perform or have such Work performed The
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Perm1ttee s ha l thereupon. at no cost to the City accomplish the necessarv r elocation removal or
change wit'--naso nable time from the date of the notification. but in no event late r than three
(3) workm~ .a,· ·1or to the date the City has notified the Permittee that it intends to co mm e n ce
·ts Work J
Work th·
expense am.
,nn,,· ately in the case of Emergencies. Upon the Permittee·s failure to accomplish s uch
.her public agencies or special district mav perform such Work at the Permit.tee 's
ermittee shall reimburse the Ci ty or other agencv within thirty (30) davs after
receipt of a writr e n invoice . Following relocation all affected propertv s hall be re stored to . at a
minimum. the condition which existed prior to construction the Permittee a t the Permittee's
expense. Notwithstanding the reauirements of the Section. a Permittee mav request additional
time to complete a relocation project. The City Manager s hall grant a reasonable extension if i n h is
so le discretion the extension will not adversely affect the Citv project.
11-7-21: ABANDONMENT AND REMOVAL OF FACILITIES:
~-No tifi ca tion of Abandoned Facilities. Anv Permittee that intends to di sco ntinue use of anv
Faciliues wtthm the Public Rights of Way shall notify the Citv Ma n a ge r in wrmng of the
intent to d1~contmue u se . Such nonce shall include the following:
!-A description of the Facilities for which the use is to be discontinued .
g. A de~crrnuon of all known hazardous mate rials contained or used in the Facilities .
~-A proposed date for discontinuance of use. Said date s h a ll not be less than th1rtv
(30) days from the date such notjce is s ubmitted to the Ci tv Mana ger.
J The propose d method of abandonment. or rem oval and r est or a ti on .
The Permittee may not remove destroy or permanentlv di sabl e a nv s uch Faci lities durmg
sa id thirty (3 0) day period without written approval of the Ci ty Manager but may contm ue
to perform maintenance on the Facilities. The City Manager s h a ll r eview the a ba nd onm e nt
noti ce withm thirty (3 0) days to determine whether Faci lities and Co nduits ca n a nd should
be kept available for future users or if not. the proposed method of abandonmellh.Qr
removal and re storation .
Re moval of Abandoned Facilities . If it is determined that the Facilities s hould be r em ove d.
then t he Permittee s hall submit a Permit a pplication to allow co nstruction e xc avation and
or \·'.:· . i1 1 t he Public Right of Way. and the Permittee shall be s ubject to all applicable fees
lillL. urements of this Chapter The Permit.tee shall be rea uired to re move and di s po se of
s uch Facilities as set forth in the Permit a nd s hall complete s uch removal and di s posal
within six (6) months from the date of the initial notice of intent to a bandon. unless
additional time 1s requested from the approved by the City Manager.
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~-Abandonment of Facilities in Place . At the discretion of the City and upon written notic~
from the City Manager the Permittee may either·
J,. Abandon the Facilities in place and shall further convey full title nership of
such abandoned Facilities to the City. The consideration for the cOI ,, ~yance is the
City's permission to abandon the Facilities in place. The Permittee is responsibl e
for all obligations as owner of the Facilities. or other liabilities associated therewith
until the conveyance to the City is completed.
~-Abandon the Facilities in place but the Permittee still retains the responsibilitv fo r
all obligations as owner of the Facilities or other liabilities associated therewith .
11-7-22: EMERGENCY PROCEDURES:
~-Emergency Repairs. Any person maintaining Facilities in the Public Way mav proce ed with
repairs upon existing Facilities without a Permit when emergency circumstances demand
that the Work be done immediately . If the emergency repairs invo lve disturbing anv Publi c
Right of Way improvements, then the person doing the Work shall apply to the Ci ty fo r a
Permit on or before the third {3".2 working dav after such Work has comm ence d. All
Emergency Work that involves material disturbance of any Public Rights of Way
improvements or any Emergency Work that will require that the acceptable hours of
construction as provided in the E.M.C . relating to noise or traffic to be violated will require
prior telephone notification to the Public Works Department at the City.
Notifications If any damage occurs to an un ci ;rground Facility or its protective covering th e
Contractor shall notjfy the Facilities operator promptly . When the Facilities operator
receive s damage notice the Facilities operator shall promptly dispatch personnel to the
damage area to investigate . If the damage results in the escape of any inflammable toxic.
or corrosive gas or hguid or endangers life health. or property the Contractor respon sibl e
shall immediately notify the Facilities operator and 911 and take immediate ac tion to
protect the pubhc and nearby properties .
11-7-23: REVOCATION OF PERMITS AND STOP WORK ORDERS:
Permit Revocation or Suspension . Any Permit may be revoked or suspended by the Ci ty
Manager. after written notice to the Permittee for :
J,. Violation ofany condition of the Permit or ofany provi sio n of this Chapm.
g. Violation of any provision of any other ordinance of the Citv or sta te law rel .!!.ling_tg
the Work.
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Existence of any condition or performance of any act which the City determine s
~nstitutes or causes a condition endangering life or damage to property .
~-S..... , "·" Orders . A Stop Work Order may be issued by the City Manager to any person or
~ ng or causing any Work to be done m the Public Way for :
!-Working without a Permit except for routine mamtenance or emergency rep airs to
existing Facilities as provided for in tlus Chapter .
~-Doing work in violation of any provision of this Chapter or any other ordinance of the
City or state law relating to the work .
l Performing any act whjch Citv determines constitutes or causes a condition that
either endangers life or propertv .
g Effective Immediately . Stop Work Order issued by the City Manager shall take effect
immediately upon notice to the Person performing Work in the Public Way. or to the
Permittee's last known address . Upon receipt of the Stop Work Order all work is to cease
except for those activities that are necessary to make the work area safe. or to end the
disruption to traffic or to protect people or property. or if approved by the Ci ty Manager to
cure the violation or conditions that caused the Stop Work Order.
~-Appealing a Suspension Revocation or Stop Work Order Any suspen sion or rev ocation or
Stop Work Order may be appealed by the Permittee to the City Board of Adjustm ent and
Appeals by filing a written notice of appeal within thirty (30) days of the action .
11-7-24 : SUSPENSION OR REVOCATION OF CONTRACTOR'S LICENSES:
Causes for Suspension or Revocation ofa Contractor·s License. The City Manager mav
suspend or revoke a license when the licensee commits one or more of the following acts or
omissions :
Failure to comply with the respons1bi)jt1es as outlined in the Chapter or with the
provisions in the Englewood Engmeerjng Regulations and Construction Standards .
~. Conspires with any person to permit a license to be used by another person .
Willfully violates or disregards any of the provisions of the Code.
Work ers exhibit a disregard for safety and therefore work being performed results in
unsafe conditions.
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Unsatisfactory Work resulting from inadequate skills or carelessness in the
judgement of the City Manager.
g. Failure to obey orders in a timely fashion.
1, Failure to obey a stop work order.
License Suspension or Revocation Procedure. When any of the acts or omissions outlined
above are committed by a license holder and the City Manager deems that the li ce n se s hall
be suspended or revoked. the City shall notify the licensee in writing bv certified mail or
personal service . Upon receipt of the notice the licensee may request in writing a hearing to
show cause why the ljcense should not be suspended or revoked . If a he ari ng i r equested
by the licensee the City Manager shall set a time date a nd place, and so noti fy the li ce nsee .
The suspension or revocation shall be stayed until after the hearing. When a hea ring 1s
conducted the licensee. the Public Works Department and all interested parties ma"
attend . Upon completion of the hearing. the Citv Manager s hall take all evi dence a vail abl e
as a result of the P ub lic Works Department mvest1gat1on an ,1 a ll evidence presented a t the
hearing under advisement. and shall not1 fv the licensee in writmg of the finding s a nd
decision. including length of s uspe nsion or revocation 1f any. bv ce rtified mail or pe r so nal
service . The time of a suspension mav be up to one vear. The time of revocation mav be up
to five (5) years .
g. Appeal Rights . Any person who disputes a license s uspension or r evoca tion. mav appeal
the decision to the City Board of Adjustment and Appeals by filing a writte n notice of
appeal. The revocation or suspension is not stayed while the City Board of Adjustment a nd
Appeals hearing is pending .
Section 6. Safety Clauses The City Council , hereby finds . determines. and declare that th1 s
Ordinance is promulgated under the general police power of the City of Englew ood, that 1t 1s
promulgated for the health, safety, and welfare of the public. and that this Ordinance 1s neces a ry for
the preservation of health and safety and for the protection of public convenience a nd we lfare. The City
Council further determines that the Ordinance bears a rational relation to the proper leg1slat1\'e obi ec
sought to be obtained .
Section 7. Seyerabilitv If any clause, sentence, paragraph, or part of this Ordinance or th
application thereof to any person or circumstances shall for any reaso n be adjudged by a court of
competent jurisdiction invalid, such judgment shall not affect impair or invalidate the remainder of th1
Ordinance or its application to other persons or circumstances .
Section 8 lnronaiatent Ordjnances All other Ordinances or portions thereof i ncon sistent or
conflicting with thia Ordinance or any portion hereof are hereby repealed to the extent of s uch
inconsistency or conflict.
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Section 9. Effect of repeal or mgdjficatjon The repeal or modification of any provision of the Code
of the City of E :-11:lewood by this Ordinance shall not release , extinguish. alter, modify. or change in
whole or ir ,,,-, a ny penalty, forfeiture , or liability , either civil or criminal, which shall have been
incurred t !c _h provision, and each provision shall be treated and held as still remaining in forc e
for the pur r · sustaining any and all proper actions. suits. proceedings. and prosecutions for the
enforcement o, .at! 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.
Sectjon 10 . ~-The Penalty Provision ofE .M .C . Section 1-4-1 shall apply to each and every
violation of this Ordinance.
Introduced, read in full, amended and passed on first reading on the 15th day of May , 2000 .
Published as a Bill for an Ordinance on the 19th day of May , 2000.
A Public Hearing was held on June 5, 2000.
Introduced as amended, read in full and passed as amended on the 16th day of October . 2000.
Published as an amended Bill for an Ordinance on the 20th day of October, 2000.
A Public Hearing was held on November 6 , 2000 .
Read by title and passed on final reading on the 20th day of November, 2000 .
Published by title as Ordinance No . _, Series of 2000 . on the 24th day of November, 2000 .
Thomas J . Burns, Mayor
ATTEST :
Loucrishia A . Ellis, City Clerk
I. Loucrishia A. Ellis. City Clerk of the City of Englewood, Colorado, hereby certify that the above
and foregoing is a true copy of the Ordinance passed on final reading and published by title as
Ordinance No. ~ Series of 2000 .
Loucrishia A. Ellis
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ORDINANCE NO. a
SERIES OF 2000
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BY AUTHORITY
COUNCIL BILL NO. 7.J
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN ORDINANCE AMENDING TITLE 5, CHAPTER 26, SECTION 4, PERTAINING
TO DESIGNATED COLLECTION DAYS.
WHEREAS, the issues prompting the exploration of municip a l solid wa s te
management include environmental impacts, neighborhood aesthetics, noi se, the
numbers of trucks in a neighborhood as well as wear and tear on City Streets ; and
WHEREAS, Englewood 's current private s ub scription system increases impacts on
residential neighborhoods; and
WHEREAS, trash collection service is offered by five different trash companies five
days of the week ; and
WHEREAS, trash collection on one block may happen each day of the week: and
WHEREAS, neighborhood aesthetics are negative ly impacted by the trash on curbs
and in alleys throughout the week ; and
WHEREAS, overlapping routes often bring three or four trucks onto a resid ential
street or alley on any given week day; and
WHEREAS, municipal solid wa ste management has be e n a n issue of the City
Council since the early 1980's; and
WHEREAS. the Keep Englewood Beautiful Commission was formed in 1991 to
examm e environmental issues impacting the City of Englewood ; and
WHEREAS, one of the is ues researched by the Keep Englewood Beautiful
Co mmission was Municipal Solid Waste hand ling; and
WHEREAS, in 1992 at City Co uncil's di.rection, the Keep Englewood Bea utiful
Commission held a public hearing in March to discuss trash collection issues : a nd
WHEREAS, Englewood residents voiced strong opposition to a curbside
requirement and no further Council action occurred at that time ; and
WHEREAS , in 1997 the Keep Englewood Beautiful Commission concluded a tw o
year study that included discussions with area trash hauling companies, analysis of
surrounding municipal trash collection policies and review of the current ordinance, at
which time the Keep Englewood Beautiful Commission presented the Municipal Solid
Waste Report to City Council in July 1997 ; and
WHEREAS , in 1998 an ordinance requiring mandatory trash collection se rvi ce was
introduced and became a part of the Nuisance Abatement Ordinance -E .M.C. Title 15
in June 1998; and
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WHEREAS , in 1999 Cou nci l reviewed a lte rna tive s and re commendations from
Keep Englewood Beautiful Com mi ssion and determined to purs u e designated
collection days; and
WHEREAS , City Council referred this matte r to Kee p Englewood Beautiful to
determine what days should be selected :
NOW, THEREFORE, BE IT ORDAJNED 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
5, Chapter 26, Section 4, with the addition of a new Paragraph D , to read as follow s:
5-26-4ID}: DESIGNATED COLLECTION DAYS :
_Q. A license holder shall limit residential trash hauling and co lle ctio n to
Mondays and Wedne sdays
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In the event a work holiday falls on a regularlv sc heduled Monday or
Wednesday, the residential trash collection s hall be the following dav .
License holders shall provide an alternative plan for exce ptjon s to the
scheduled collection day based on severe weather or ina dvertently
missed customers. This schedule must be submitted with t-he li ce nse
application and approved by the Licensing Officer before the granting of
the license.
I)_ f;. The hittHet' license holder must dispose of trash is a state or federally
approved site or facility and the disposal shall not be in violation of any
federal, state, county or City rule or regulation .
E . £· The license& hittHet' holder must notify the Licensing Officer of L1 ce n e
holder's location for disposal and shall notify the Licensing Officer of any
change in location within thirty (3 0) day s.
P:. g . No license& hittHet' holder shall operate any trash compacting mechanism on
any motor vehicle nor s hall a licensed haule r e ngage in any trash , rubbis h or
e garbage collection activity between the hours of ten (10:00) p .m . and seven
(7:00) a.m., when such compacting or collection activities take place within or
across the street or alley from a r esidential district or within three hundred
feet (300') of a hotel.
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G . !!-Insurance Required . Lice nse holders are required to maintain the following
levels of insurance :
1. All motor vehicles used m the operation of the licensed business shall
be insured under the laws of the State of Colorado .
2 . The license holder s hall at all times have Comprehensive General
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Liability Insurance with a minimum combined single limit of liability
for bodily injury and property damage of one million dollars
($1 ,000,000.00) per occurrence and in the aggregate.
Failure to maintain such insurance or to provide such evidence on request
shall be cause for immediate revocation of the license .
H. I-Transfer. Trash hauling licenses are not transferable .
Section 2. Safety C)auses 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 s afety
and for the protection of public convenience and welfare . The City Council furth er
determines that the Ordinance bears a rational relation to the proper legi sl a tive
object sought to be obtained.
Section 3. Seyerabj)jty If any clause, sentence, paragraph, or part of thi s
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 sha ll
not affect impair or invalidate the remainder of this Ordinance or its application to
other persons or circumstances.
Section 4 Inconsjstent Ordjnances All other Ordinances or portions the reof
inconsistent or conflicting with this Ordinance or any portion hereof are he reby
repealed to the extent of such inconsistency or conflict.
Section 5. Effect of repeal or modjfication 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 provis ion ,
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 .
Sectjon 7. ~-The Penalty Provision of E .M.C. Section 1-4-1 shall apply to
each and every violation of this Ordinance .
Introduced, read in full , and passed on first reading on the l61h day of October,
2000 .
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Published as a Bill for an Ordinance on the 20th day of October, 2000 .
Continued to November 20 , 2000 on the 6'b day of November, 2000.
Read by title and passed on final reading on the 20th day of November. 2000 .
Published by title as Ordinance No . ~ Series of 2000, on the 24th day of
November, 2000.
Thomas J . Burns, Mayor
ATTEST:
Loucrishia A. Ellis, 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 the Ordinance passed on final reading
and published by title as Ordinance No . ~ Series of 2000.
Loucrishia A. Ellis
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RESOLUTION NO.~
SERIES OF 2000
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A RESOLUTION ESTABLISHING FEES FOR THE ENGLEWOOD MUNICIPAL CODE
TITLE 11, CHAPTER 7, "CITY RIGHTS OF WAY -PERMITS AND REQUIREMENTS IN
THE CITY OF ENGLEWOOD , COLORADO".
WHEREAS, Colorado law allows local governments to charge fees in order to recover
expenses for the use of Public Rights-of-Way, provided that the charges relate to the costs to
the local government arising out of the Right-of-Way usage; and
WHEREAS, Title 11 , Chapters 3(A), 3(B) and 3(C), have been repealed by C.B . 40 , Series
of 2000, entitled "City Rights-of-Way-Permits And Requirements In The City Of Englewood"
of the Englewood Municipal Code; and
WHEREAS, Title 11, Chapters 3(A), 3(B) and 3(C), contained the City of Englewood
Right-of-Way Permit fee schedule; and
WHEREAS, a resolution is now required in order to establish the Right-of-W ay Permi t
Fee schedule; and
WHEREAS , these fees are reasonably related to City of Englewood expenses that a re
inherent in managing the Public Rights-of-Way ; and
WHEREAS. these costs include, administering Title 11, Chapter 7, of the Engle wood
Municipal Code. i.e. the cost of permitting, verifying and mapping Rights-of-Wa y occupations ,
impectinc job sites and Rights-of-Way improvements and restorations ; and
NOW , THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO . THAT :
5es;t,jgp 1. The City Council of the City of Englewood , Colorado hereby approves the
following fees for City Rights Of Way · Permits:
ADMINISTRATIVE/MANAGEMENT COSTS
Public Works Department Fees and Charges are listed below :
PERMIT FEE*
FIELD INSPECTION FEE
DRAINAGE INSPECTION FEE
RE-INSPECTION FEE
$25 .00
$15 .00
$15 .00
$25 .00
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CONCRETE INSPECTION FEE
(Field Inspection Fee covers first 50 lineal feet)
CITY ASPHALT PATCH UNIT COST
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$0.20 per lineal foot
in excess of 50 feet
CONCRETE STREET AND ALLEY INSPECTION FEE
ORA VEL ALLEY CUT FEE
$4 .00 per square foot
$0.20 per square foot
$1.00 per square foot
CHARGE FOR WORKING IN THE PUBLIC WAY
WITHOUT A PERMIT $200 .00
* Minimum Administration charge for all permits, as well as Moving permits, Oversize
Vehicle Permits and Street Occupancy Permits. If City review and processing of permit
requires more than one hour of staff time , then applicant shall reimburse the City for the
actual coet of all personnel, materials and equipment used to process the permit. The
actual charges will be determined at the time of permit issuance .
ADOPTED AND APPROVED this 20U' day of November , 2000 .
Thomas J . Burns, 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 2000 .
Loucrishia A. Ellis
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Date
November 20, 2000
Initiated By
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COUNCIL COMMUNICATION
Agenda Item
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Staff Source
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Subject Resolution to establish a
ROW Permits Fee Schedule
Public Works Department Ken Ross . Director of Public Works
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Title 11, Chapters 3A, 38. and 3C, and Title 12, Chapter 4 of the Municipal Code that deal with construction
permits and requirements in the public way were adopted in 1985.
Title 11, Chapter 7 , entitled "City Rights -of-Way -Permits and Requirements". (Council Bill No. 40) was approved
on first reading October 16, 2000.
RECOMMENDED ACTION
The Public Works Department recommends that Counci l approve a res ol ut ion in order to establish fees for
administering the new Title 11 , Chapter 7 .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Title 11 , Chapter 7, repealed Title 11 , Chapters 3(A), 3(8). and (3C ). and T itle 12. Chapter 4 of the City of
Englewood Municipal Code. These Chapters contained the perm,t fee requ irements that the Pub li c Works
Department has been enforcing since 1985. The purpose of th is resolution 1s to establish the schedule of fees
that will enable staff to charge in order to cover the costs associated with private 1nd iv1duals and compan ies that
use public right-of-way . These fees will allow the City to rec over the costs for administering the Code requ i rements
contained in Title 11 . Chapter 7 .
The Right-of-Way Committee of the Greater Metro Telecommunications Consortium (GMTC) has examined co st
recovery fees used throughout the country. and has recommended a Model Right-of-Way Ordinance. The
telecommunication and utility companies have numerous issues and objections with the cost recovery fees
proposed by the GMTC. Staff is recommending that the controversial fee elements be left out of the proposed fee
schedule until the Colorado Supreme Court reaches a decision on the Quest Communications and City of Denver
case.
FINANCIAL IMPACT
The "user fees" that are proposed will cover the increased administration costs . At the present time the City of
Englewood does not have a mechanism for recovering costs for the degradation caused by street cuts or for the
inconvenience caused to our citizens when access to portions of streets are denied when private companies are
doing work in the right-of-way. Cost recovery for degradation and inconvenience caused are not included in this
resolution, but they may be later, ii the Colorado Supreme Court gives direction on these issues.
LIST OF ATTACHMENTS
Proposed Resolution
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ontributions , or program revenues (a "?u b::~i~ s ~·
charity•). Second , the Ass ociat:on cou:d a::a:~;
status as a •supporting organ ization" by estab::s~
been formed and operates exc lu s i ·;e_y f o r c::-.e ::e~e
City, since its so le p urpose is to a dminis:e r a C:
facility . While the method of q,.:a_i:yins :o r p u=~:
status is not sign i ficant from a federa: tax pe r s;
impact of the type of qua_i:ication as a ;u b::::
e ligibility f o r funding from the Metrc;c :::a~ s::e
Cu ltural Facilities Dis:ricc a nd o:he r d c ~c r s s ~=-
considered . In addition , s ome f c unda:i o ns ma y =e
fund a pub-i cly s u pported c ha r i:y cha:'. a s ~c:c r :::-
Ou r firm has a s igni ~ica~: a~c ~~: c~ ~e=:~ _
the non-pro:it are na , represe ntins a v ar:e:~:c: -
o rganiz at ions in t h e Rocky Mountai::'. r eg:::-.. ·,;e ..
represenca:ion in t h e :o r ma:i no : exe~~= o r ~a~::
reg ul arly prov:de cou~se: on the C?e r a:~c::'.a:-as;e
--~:n i ~atioc s . Som e o : the ot~e r area s ~e r e5_:a
GREGORY B . KANAN
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AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
MONDAY, NOVEMBER 20 , 2000
7:30 P.M.
Engl ewood Civic Center
1000 Engl ewood Parkwa y
En glewood , CO 80110
Call to o rd er. 1: f '1
Invocation. -s~
Pl edge of All:'":' ..g~ i/ t/; j l rLJ ,.,& (}_I~
Ro llCall.
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Minutes.
a. Minutes from the meetin g of Reg ular City Co un ci l Meeti n g of ovembe r 6, 2000 .
Scheduled Vi sitors . (Pl ease lim it yo ur prese ntati o n to ten minute .)
~ ~~:'~s1~~spJ~~mit yo ur prese ntati o n to five minute .)
r>o~ikuJ~qlll -/?.FQ -11'?1 ~..u.,l<F9~
c::6infflyn ,cations , Pro cla,t,ati o n s, and Ap~s". ---.
a .
b .
c .
City Counci l will recogni ze th e stud ent s w hose artwork wa s c hose n fo r t he 2001
En glewood Calendar .
A resolution appoi ntin g Edna Bl air to th e Engl ewood Code Enforc ement Advi sory
Committee .
A resolution appointing Marti Olsen to th e En glewood Code En fo rce m ent Advisory
Co mmittee .
Please note: H you have a dlaabillty and need auxlllary aid• or services, please notHy the City of Englewood
(303-762-2405) at least 48 hours In advance of when services ant needed. Thank you .
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Englewood City Council Agenda
Nove mber 20, 2000
Page 2
9 . Publi c H ea rin g. (None sc hed ul ed )
10. Con se nt Age nd a.
11.
a. Approva l of Ordinances on Fir st Read in g.
i . COUNCIL BILL NO. 88 -Recom mendati o n fro m the Department of Publ ic
Works to adopt a bill fo r an o rdinan ce app rovi ng an Int e rgove rnm ental
Agreement with En glewood Sc hoo ls fo r ve hi cle maintenance. STAFF SOURCE:
Ken Ross, Director of Public Works.
ii. COUNCIL BILL NO. 89 -Recom menda ti o n from the De partm ent o f Publi
Works to adopt a bill for an o rdinan ce approvi ng an Int ergove rnm enta l
Ag reement with the City of Sheridan for vehicle maintenance. STAFF SOURCE:
Ken Ross, Director of Public Works.
Approval of Ordinances on Second Rea din g.
I. Co un ci l Bill No. 8 7, authorizing an Intergove rnm ental Agree ment with
Colorado State Un iversity for a coo pe rat ive resear ch project o n land appli ca ti on
of sewage bi oso lids o n dry land wheat.
c. Re so lutio ns and M ot io ns.
I. Recommendati o n from the Depa rtment of Fi nance and Admini strat ive Services
to adopt a resolution appro ing an i ncrease in benefits for Po li ce Officer retiree s
effect ive January 1, 2001 for th o e retired a of January 1, 199 8 . STAFF
SOURCE : Frank Gryglewicz, Director of Finance and Administrative Services.
Reg ul ar Agenda .
a. Appm.al of o,dloao~, oo Fl,, Read log ./
lj'O b . Approval of Ordinan ces o n Se co nd Read ing .
ll tf' {?I ',G ,. Co,odl 8111 No. 40, ,meodlog ohe City 's Rl ghts-0f-Way O,dloaoce. /,J/\ ~
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ii . Council Bill No. 74 , amending Tit~e }' ChaP.ter 26 of th e En glewood Municipal
Code pertaining to tra sh haul ers. ':{A~
Reso lutio n s and Motions.
Reco mmendation fr o m the Department of Publi c Work to adopt i~
establishing a Rights-of-Way Permits Fee Schedule . STAFF SOURC . Ross,
Director of Public Works .
PINN note: If you have a dlublllty and need auxiliary aids or MrYices, p ..... notify the City of Englewood
(303-762-2405) at least 48 hours In advance of when services are needed. Thank you .
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Engl ewood City Co un ci l A gend a
Nove mber 20 , 200 0
Page 3
12 . G eneral D isc ussi on .
a . Mayor's Choice .
b . Co un ci l M embers' Ch o ice .
13 . City Manager's Report .
14. Gty Attomey ·, Report .I
Adjournment .1-~ 2-
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Th e following minutes were transmitted to Ci ty Co un ci l betw een ove mb er 3 and 16 , 2000 :
• Keep Englewood Beautiful meeting of Se ptember 12. 2000
• Englew o od Planning and Zoning Commi ss io n mee tin g of Septembe r 19 , 20 0 0
• Keep Englewood Beaut iful meetin g of O ct o be r 11 , 2000
• Englewood Park s and Rec reation Commi s io n mee tin g of October 12, 2000
• Englewood Cod e Enforcement Ad v isory Co mm ittee · Not, e of Ca ncell at io n o f th e October 18 ,
2000 meeting
• Englewood Urban Ren ewal Authority meetin g of O ctobe r :!5 , 2000
........ 1,-.... a •11 I BJ and nwl awdlary a6da or wvicN, plNN natily the City of Englewood
--·-............. In advance of ........... nwled. "-* you.
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tU J (VI~ rrJ ~ ~i ,~,
REGULAR MEETING OF / . / I ,,..
-lHH!'1?LEWOOD CITY COUNCIL ~
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NOAY , NOVEMBER 20 , 2000 .11/11!,l /M,, ' ~ ;_
7:30 P.M.
r, t ·,
u \tu (1,\. J ·-t' (I }(' Englewood Civi c Center
000 Englewood Parkwa y
nglewood , CO 80110 : 1 ;xdlfl ~ f-a .}
)%t~) f .. _:if'l ltG'· /.;-
Invocation . ,h { "'.,.tVl---
Pledge of Allegiance . }tv1" · Ii 1
(__,} l I Pr-c 121)
Roll Call. Li ./ ') "? 2 7 L CA f(/1{{ .z_ / / C ;r ~) 3 ?35
Minutes .
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Minutes from the meeting of Regular City Council Meeting of November 6 , 2000 .
Schgo«. (Ple,,e limlt yo"' p,e,eotat<oo to "" m<""te s.)
Unschqduled Vi,sitorsl (Plrase limit your pre se ntation to five minutes.)
l. }'Jtit.J. Jl,l 'l.,k. -id L
{'-/l ':u i.B Ltl tvu/r i .:;{,t
CommurJ&.1tions, Proclamations'/ and App ointments .
a.
City Council will recognize the students whose artwork was chose n for the 2001
Englewood Calendar .
"'},) r }:I[! I 1/ tfl. pd b . A resolution appointing Edna Blair to the Engl ew ood Code Enforcement Advisory
{',,, -I Committee. 2xvl:r~
...., ,.J, t'c. A resolution appointing Maf!i Olse n to the Englewood Code Enforcement Advisory
Os J/,f, -,c committee /7, '!,t,lp/tt [,c__..-/"
PINN note: H you have a dlublllty and need auxiliary aids or services, pleue notify the City of Englewood
(303-712-2405) at least 48 hoUrs In advance of when services are needed-Thank you .
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i. COUNCIL BILL NO. 88 • Recommendation from the Departm en t of Publi
Works to adopt a bill for an o rdinance approving an Intergove rnm ental
Agreement with Englewood Schools for vehicle maintenan ce. STAFF SOURCE:
Ken Ross, Director of Public Works.
ii. COUNCIL BILL NO _ 89 · Reco mmendation fr o m the Departm ent of Publi c
Works to adopt a bill for an ordi nan ce approving an Intergovernme ntal
Agreement with the City of Sherida n fo r ve hi cle maintenan ce. STAFF SOURCE:
Ken Ross, Director of Public Works.
Approval of Ordinances on Se cond Reading .
i. Council Bill No. 8 7, authoriz i ng an Int e rgove rnm ental Agreement with
Colorado State U nive rsity ior .i oope rative rese arc h project o n land appli cation
of sewage biosolids o n dryland whea t.
Reso lutions and Motions .
Re co mmendation from th e Depart ment of Finan ce and Administrative Servi ces
to adopt a resolution approving an increase in benefits for Po lice Offi cer retirees
effective January 1, 2001 fortho e retired as of January 1, 1998 . STAFF
SOURCE: Frank Gryglewicz, Director of Finance and Administrative Services.
11 . Regular Ag enda .
a. Approval of Ordinances o n First Readi ng .
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Approval of Ordinances on Second Rea ding .
i . Council Bill No. 40, amending the City 's Rights·of.Way Ordinan ce .
II . Council Bill No. 74, amending Titl e 5, Chapter 26 oi th e Englewood Municipal
Code pertaining to trash haulers. n ULd, _ /i..,{L
Reso lution s and Motions.
i . Re commendation from th e Department of Publi c Works to adopt a re so lution
es tabli shing a Rights-of.Way Permits Fee Schedule . STAFF SOURCE: Ken Ross,
Director of Public Works.
PINN note: If you have a dlublllty and need auxiliary aids or Ml'Yices, please notify the City of Englewood
(303-762-2405) at lent 48 hours In advance of when servic:n are needed. Thank you .
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Englewood City Co unci l Agenda
November 20, 2000
Page 3
12 . General Discussion .
a. Mayor's Choice.
b. Council Members ' Choice .
13. City Manager's Report.
14. City Attorney's Report .
Adjournment.
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The followin g minutes were tran smitted to City Coun c il between November 3 and 16 , 2000 :
• Keep Englewood Beautiful meeting of September 12 , 2000
• Englewood Planning and Zoning Commission meeting of September 19 , 2000
• Keep Englewood Beautiful meeting of October 11, 2000
• Englewood Park s and Recreation Commission meeting of O ctober 12, 2000
• Englewood Code Enforcement Advisory Committee -Notice of Cancellation of the October 18 ,
2000 meeting
• Englewood Urban Renewal Authority meeting oi October 25, 2000
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PINN noea: N you have a dlubllity and need auxiliary aide or NMCM, plNN nollty the City of Englewood
(30S-712-24CII) at 1Na1 41 hoUra In advance of wtwn aervtcN .. nNCled-Thank you.
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