HomeMy WebLinkAbout1997-04-07 (Regular) Meeting Agenda•
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REGULAR CITY COUNCIL MEETING
APRIL 7, 1997
ORDINANCE t~ ~,.2S:21. 27, 28
RESOLUTION •Ji~/.-:# 41, 41
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ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
April 7, 19'7
I. CallteOrder
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The rcgu1lr meeting of the Englewood City Council -called to order by Mayor Bums at 7 :40 p .m.
2. bft'oadae
The inwc:ation was gm:n by Council Member Wiggins.
3. Pledp al Alle&iuce
The Pledge of Allegiance -led by Mayor Bums.
4. IWICall
Prelcnl:
Ablcnt:
A quorum WIS pracnt.
Council Mcmbcn Clapp, WigiM. Habenidll. Vormilllg. Wagoner.
Bums
None
(Clerk 's noce : The Dillrict I Coucil scat is vacant due to die recall ofCoucil Member Halbaway by a
ma,jority of the \UC al the Jamary 14, 1997 Rllcall Eleclioa. I
Also prelalt: Aaiq Allillanl City ....... Slaalc)'
City Aaoney B..,._
City Oat Ellis
DifllCIOr Eslcrly, Pulllic Wolb,
~ Maaa,er Kalla
DifllCIOr Giyglewicz. Fiaacial Services
Direclar FODda. Utiliael
Direclar Black. Palu aad ~
5. Miaatel
(a) COUNCIL MUOU VOllMITTAG MOVED. AND rr WAS SECONDED, TO
APPROVE THE MINUTES OP TID UGULAR MH11NG OP MAllCll 17, 19'7.
Ayes : ea.cil Memben Vormiaaa, Wigjal. Habenidll. Wagoacr. Clapp.
Bums
Nays : Noac
Motion carried .
6 . Scllethlkd Vltiten
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Eactewood City Couac:il
April 7, 1997
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7 . NOD-tClleduled Viliton
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(1) David Compton, Englewood Troop 92, lllfed that for I long time lbcir troop bas been
using Centennial Park Lake for their spring cmoe training. He noted that blsically the policy bas been if
they clean it up they can use it. He said they were woaderillg if Council would agreed to allow them to
use the lake again this spring.
Mayor Burns Slated that he thought that was in the hands m the Parts and Recreation Department.
Council Member Wiggins noted they have done this~. although the troop masaer must come forward
with an insurance policy that COYerS ewrything involwd. This has been done in the past and Council bas
approved it. He advised Mr. Compton to check with bis scout master and have him c:omc fonvard with
the proper forms.
Mr. Compton C111111111C11tcd that there is I little sign up there that sa)'S this like is sponsored by Troop 92 .
Council Member Wiggins noted it aiuld well be .
Mayor Bums said he tbougbl Council Member Wiggins was right and be ldviB Mr. Compton to cbcc:k
with bis scout IIIISlCr and make IUl'C be has the proper paper -aork . Mayor Burm be cloesa 't sec where
they ~ be I problem with it.
Council Member Vormiuag lllfed be felt they llhould just let Director Jenell Black handle it more or less
and make IUl'C ~ do ba\-e the aimct paper work.
Mayor Burns IIOlcd lhll Pub and Reaalion Director Jer1dl Black was in the back m the room and that
Ille c:oald ... Mr . Colllploa iD coonlinlling this.
Council Member Habeaic:111 lllfed lhll sbe WUled 10 ,,,.,,i ....... this )'CIUIII -· She poi-.1 out thal
this ln,ap Im I* ID lnfa hr to 8* for this ud ICl it in matioa cwry year. Ms. HabcDiclll alllll---· 11111 this ~-. 111111 bas 11111 the .... wlieacc to deal lritll.
Mayor Burm tbankcd Mr. Compton for coming.
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(1) A proclanatioa declaring the IIIOlldl m April. 1997 • Fair Housing Moad! in the City
m Eaglewood was c:oasidcred .
COUNCll. MEMBER 11.UENICBT MOVED, AND IT WAS SECONDED, TO PROCLAIM TIO
MON111 OF APRIL. "" AS FAlll HOUSING MON111 IN THIE CITY or IENGUWOOD.
Motion carried .
(b)
c:onsiclered .
A~cs : Council Mcmben Vorminag. WigiM. Habeaicbt, Wagoner, Clapp.
Burns
Nays : None
A proclamation declaring April II, 1997 • Albor Day ia the City m~-ood ••
COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDO, TO PROCLAIM
APRIL II, "" AS ARBOR DA y IN nn CITY or ENGLEWOOD.
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Enstew-1 City C-U
April 7, 1'97
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Ayes : Council Members Vonnittag. Wigins. Habenicbt, Wagoaer, Clapp,
Bums
Nays: None
Mayor Bums ,-enllld die prac:lamalioa 10 Golf Course Superintadent Dave Lee. Mr. Lee invited
Council ud ciUJJelll to die Albor Day Feslivities oa April la* from I :00 p.m. 10 3 :00 p.m. at Cushing
Park.
(C) A prodanelioa declaring the weclt al April 13 duuup April 19, 1997 • Nalional
Libnry Week in die City alEl!pMllld was Clllllidmd.
COUNCR. MDal:R IIMENICIIT MOVED, AND IT WAS SECONDED. TO PROCLAIM 'ID
WEEK OP APIIIL 13 TBROUGB APRIL It, 1"7 AS NATIONAL IDIIAllY WIEl:K IN Tim
CITY OP ENGLEWOOD.
Ayes :
Nays:
Motion carried.
Council Melllben Vonaillllg. Wigins. lfabenic:lll. Wagoaer, Clapp,
Bums
NOiie
Mayor Bums pnllellted die pmdamMion 10 Lilnly Services DiW Hank Long. Director Long invited
e\~-one 10 all die woadertbl fellivities during Nalional Lillruy Week. He aed dUII Jou Yielder, DIiied
photographer and au&bor. will be bere.
(d) A pmdamation declaring the week of April 13 duoap April 19. 1997 • Crime
Victims' Rigbls Week in die City al Englewood -considered.
COUNCll. llODEll VOIIMl1TAG MOVED, AND IT WAS SECONDED, TO PROCLAIM 'ID
WEEK OP APRD.. 13 TIIIIOUGB APRIL It, 1"7 AS CRIME VICTIMS' ltlGIITS Wmut IN
1BE CITY OI' ENGLEWOOD.
Molioa c:anied.
A,-: Council Melllben Vonniaal, Wigial. Habeniclll. Waganer, Clapp. ....
Nays: Noae
Ma~·or Bums praenlDd tbe pn,c:laeaeioe to VlclialW6-Savm CoanliaMor Susu Md>oaDell.
(e) A pn,c:la-ion declaring tbe weclt al April 13 ....... April 19. 1997 • Englewood
TelCCOllllllllllic Week in tbe City alEnglelwood.
COUNcn. MEMalER WAGGONER MOVED, AND IT WAS Sl:CONHD. TO PROCLAIM ma
WEEK OP APRIL 13, 1"7 TBROIJGB APRD.. It, 1"7 AS IENGLIWOOD
TELl:COMMUNICATORS WIEl:K IN TBI: CITY OP ENGLEWOOD.
Motion carried.
A,-: Council Melllben Vonaiaata, Wlglns. llalleniclll. w....-. Clapp,
Bums
Nays: None
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En&tewood City Council
April 7, 1997
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(I) COUNCIL MEMBER VORMITl'AG MOVED, AND IT WAS SECONDED, TO
ACCEPT WITH DEEP REGRET HENRY GALLEHER'S LETTER OF RESIGNATION FROM
THE CLEAN, GREEN AND PROUD COMMISSION.
Counc:il Member Vonnittag Slated that Mr. Galleher has worked very hard on the Clean, Green and Proud
Commission .
Mayor Bums commented that he was also sony to see Mr. Galleher resign, that he was a very dedicated
member and wc really appreciate his services .
Motion carried.
Ayes : Council Memben Vonnittag. Wiggins. Habenicht, Waggoner, Clapp,
Bums
Nays : None
9 . Public Heari•c
(a) COUNCIL MEMBER VORMITl'AG MOVED, AND IT WAS SECONDED, TO
OPEN THE PUBLIC HEARING TO GATHER CITIZEN INPUT ON THE PROPOSED
CONCRETE UTILITY.
Ayes : Council Memben Vonnittag. Wiggins, Habenicht. Waggoner. Clapp,
Bums
Nays: None
Motion carried and the public bearing opened .
All testimony was given under oath .
Public Worts Dim:tor Eslerly presented Proof of Publication of Notice of Public Hearing which was
published on Man:h 6. 1997 and March 20. 1997 in the Englewood Herald. He noted that this is a project
we have been working on for a large number of years . ~ years ago Council embarked upon a
program to upgrade the appearance of die City and that included a program that identified deficient
concrete throughout the City . He explained that maintcnanc:c of concrete. within the public right-of-way
in the City of Englewood. is currently the responsibility of the adjacent propcny owners. A large number
of properties were identified as wc went through the process of trying to upgrade the sySICDI in the City .
He noted that the magnitude of the problem was mcb that the City created a series of special improvement
districts just to deal with the concerns. Dircc:tor Esterly pointed out that these districts were not formed
without considerable discussion and Council committed. during the formalion of those districts. to look
for a better way to maintain concrc1c throughout the City. Maintenance of concrete. particularly
infrasuucturc concrete. is the responsibility of the City and it will remain that way . Also. he DOied, the
City is looking at assuming 70-!. of the scconda,y frontagcS throughout the City. He pointed out that in
talking about the City assuming that responsibility. that that would be assumed wi th General Fund money
that is collected through taxes. 1bc infrastructure concrete that the City would be responsible for consists
of curb returns at intersections. cross pans at sucets and alleys that arc used for drainage. alleys that an:
concrete paved. the entrances to alleys that arc concrete and the concrete thal is associated with storm
water improvemcn1s, plus the 70-!. of secondary frontages that go with the resident · s propcnics
1liroughout the Ciiy. The combined rcplaccmcnl value of both public and private concrete throughout the
Ci~· is cstimaled to be 42 .6 million dollars right now . Under the present system. Public Worts
pcnodically develops a list of substandard concrete and we forward that lill on to Ci~ Council. Council ,
he said. normally authorizes the mailing of demand letters or may consider the fonna1ion of a special
impro\'cmcnt district . The present system has worked reasonably well for many years as the concrete in
the rcsidenlial and commercial neighborhoods of Englewood has been objccti\·el~· maintained in good
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Ea&kwood City COllncil
AprU 7, 1997
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amditioo. Director Esterly stated that the principal diSldvanllge of the cuna11 sys&em is that, extended
payment plans notwithstanding. propeny owners are liable for -~ COllly repai,s. He pointed out
that frequendy those repai,s are demanded al a time that's IIOI of the prapeny owners desire. Director
Esterly Slated that the Department of Public Works is proposing replecancm of the cumnt system with a
Concrete Utility . Under this program the property owners participate by paying an aanual fee . The
proposed program provides property owners with the advantages of basically a CIOIICl'Cle savings plan in
the event that their concretc clc:terionles to the point where it 1111111 be replaced in the future . The
Concrete Utility Program includes an opt out provision, a provision where mnlCbody could elect not to be
part of the utility . He Slated that a property owner could cboole not to panicipate in the program at all.
They retain the option of buying their way back into the program at a future date if they choose. The opt
out provision does not relieYe tbc property owners of financial rapoasibility for awntaining their
concrete in fiont of their propaties. Director Esterly noted that they haw: l'CICOIIIIIICll a program that
buically assesses folks bacd OD ,quare roaca,e of concrete cwb. gutter and sidewalk in front of their
propenies. He explained that they are proposing that the utility pn,pam be implemcaled and
administered by the Public Wort Department with collection assistance from the Finance Department,
City Attorney's Office and the Utilities Depanmcnt • they have methods in place. There are
approximalcly 11.000 propenies in the City oCEnglewood and they ant out mailings to 9,65 I individual
property owners. About 300 oC thole, just about 3%. were l'l!IUmed u undelivcnble. He advised that they
recciYed, during the few weeks since they IIClll OUl that IIIICice. about 108 phone calls. Director Esterly
stated that 36%ofthose phone calls were in fawrofllle utility and 21% wen: opposed to the utility, 43%
were inlerested in more infonnllion and were basically .-ined • to being in favor or opposed to the
utility. They also received only 5 letters. 3 in fawr. I oppaml and I uncommitted. He advilld that they
have clocumcnted all of the phone calls they have RIZiYed aver time, and if any one OD Council 111ould like
to receive the comments they can provide that. Director Esterly noted they have a handout that is
available to anyone in the audience and Council has lllo receiYed all of that infonnalioa. He Slaled that
the schedule for this program is that Council reviewed a dnft proposal at a Study Session on December
9'\ on March J"' the)• presented a ordinance that set the: dale for this public hearing . He advised that
should they proceed with the formation of the utility. and if the ordinance is in full force and dfect by
June a•. billings for this program would begin July I. 1997. He noted there is information in the handout
that includes the: flyers that they mailed out to CYCl)'body . He pointed out that there is a phone number at
the: bottom of the page that they mailed out to CYCl)'body. If they need more infOl'lllllion they can call bis
office al 762-2507 . If people have particular questions about what their fmancial obliplion might be
under this utility. they can call that number and we can give them an estimate of what their fees would be
at this point in time . Of course, he llOCed. if there is any dispuee about those fees in tbc future. if tbey
would go into effect, this would be the same office tbey would need to talk to. Director Esterly
aHIUMDted that thcre is also a picture in the: package that shows what different kinds of concre1e cwt,,
gutter and sidewalk e."ists around the City and that infOl'lllllion is available to the public. On the: back
side of that thcre is another illustration that shows what the City CODtribution is for corner pn,penies. So,
he said, in addition to the words thal go a.Ion& with that 1here is a picture that talks about 1h11 and tbcre is
information on voluntary non-panicipalion . Should mmcbody decide IIOI to wam to participalC in the
program. lhat information is in the: packages thal are handed out. Mr. Esterly sweet that if ~"body is in
the audience I hat does not ~-e a package and is inleresaed in one. if they would raise their hand. Jerry
Lancaster from his Engineering staff bas plenty of copies 10 pass out. He said he would be glad to answer
any questions.
Mayor Bum ad\1scd Council will question Director Eslerly and then everyone in the: audience will have a
chance to talk if they want to .
Mayor Bums asked if. from the comments and letlers and so ronh thal they got back. tbey aw any panem
of the lc:Yel of understanding oC the: public. If there qs c:onfusioa about how the propam 11ould wort or
if there was any panicular consensus reached . Din:ctor E11crly Sllled that people called and bad ''Cl'Y
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specific questions about a a,uple of items and many of those people were noncommittal . He noted that the
hUDdred or so phone c:alls that wc had compared IO the 9,651 mailings that wc sent out, is a very small
percentage. He said that, as far as the other 9,400, you can assume whai-you woulcl like as IO wbcthcr
Ibey undcnland il Director Esterly commented that the flyer Ibey sent out is pretty self cxplanalOry.
This. he DOCed, is IOIIICthing that we have hccn talking about for a number of years, that there arc a large
numhcrolpeoplc that have shown up to speak tonight, but c:a1ainly not 9,000. He noted that he also gave
Council a bcakdown o( the figures before as IO how Ibey felt Ibey were nmning.
Council Mcmhcr Hahcaicbt asbd Director Eslcrty IO explain, if she were IO panicipate for two or three
years, all o( a sudden her aJIICfflC disintcgnlla, she bas put in $75.00 for the three years and when the
wort is clonc does that mean you are going to dmJe her the whole amount. but she would have $75.00
reduced fiom her bill, or does that mean she would pay for the wllOlc amount. Director Esrcrly Slated that
the Coacrdc Utility Program would pay for the wllOlc _... olthe ClOIICfflC replacement and it would be
expected thal _. the life o( the concrete the money would be colla:lal in the $25.00 per year increments.
Council Member Habcnic:bt asked how thal would wort for someone who has gone for three years without
paniciplling and then all o( a sudden the ClOGCNlc: saans to clisilllegnlC and Ibey decide to opt into this .
Director Estcrty e,q,lained thal to opt back inlo the program a perDI would have to basically pay back the
payments thal had not been made. they wouldn't be in arrcan, but Ibey woulcl have been out of the system.
He said there is a page in the handouts thal addresses thal and it is called ~voluntary Non-Participation
Pruvision." The key featuffs of the provisioll arc that you would have to buy back into the program,
however before you woulcl be allowed to do thal you woulcl have to bring up all of the concrete on the
property thal was below saandarcls at the time that you wish IO set back into the system. Council Member
Habenicht Slid then if it was disintegrated I would have to fix it first and then I could get back in the
program . Direaor Eslcrly swcd you would be required to fix the concre1e. make the back payments and
then enter the system.
Council Member Vonniuag asbd blnl· much this is going to ODIi for the average size house. not CXJW1ting
the comer lots. per year and how are those paymcats made. Direaor Eslcrty advised thal the average
residential property would be makin& a payme111 o(S25.00 per year and that would be spread out over
quancrly paymcn11 thal would come with the ....-and sewer bills. which arc also clone on a quarterly
basis. So, basically, after three llllllllhs cacb property in the City would have n:ceMd their first billing for
one quarter o(the $25.00 IIIIIUal bill . Council Member Wiggins COIIIIDClltcd that would be S6.25 a
quarter. Council Member Vormiuag said thal will be~ three .-tbs. Director Eslcrty Slated that was
right and that o( CIOW'II: it is more if )-OU have a w., lot or a comer property and commcrcial propcnics
would be significantly -·
Regarding the corner lot. Council Member Vonniuag asked how much the City is going to chip in for the
perDI who lives on the c:oncr on the a\'CDUC side. which you say is the ICCOlldary llfflCC . Direaor Eslcrly
advised dull the City would be chipping in with 70% of funds that BR raised through pncral IUCS .
Panicipalion would be spread out. basically all property owncn through out the City would be paying for
the 70% side. Which. he llicl. is ~-pically the avenues thal the properties don 't ac1ually face, don 't front
OD to.
Council Member Wiggins presented lhe scenario that he would join the pn,pam. contribute four years.
and you come by and say his concrete clocs not IIIOCl Slalldards. that you arc going to replace it . You
replace it and he bas paid roughly S 100 O\'Cr thole four ycan. Then the next year he pays another $25
and decides to drop out becaUle his COIICfflC is filled and he is in goad lllape . So lbcllll 17 years clown the
road you come by and say bis concrete bas ll)IIC apan, you aecd to fix it, IO bri• ii • IO .........
Council Member Wiggins asbd if 1he scenario would be that he would uvc to llrilla ii 11P to llalldanls.
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Englewood City Council
April 7, 1997
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pay back the past 17 ycan and then he would be back in the program again. Director Esterly said that is
exactly correct.
Director Esterly asked if be could go on, as that response CRatcd quite a stir in the audience. He noted
that in fact a property owner has a different option, they can be out of the program and they can choose to
go ahead and fix their concrete that's their obligation and not join back into the program . Dircaor Esterly
pointed out that it is IIC\'CI' mandatory that you enter back into the program .
Council Member Vormittag asllcd if this can be considered almost like an insurance policy, that it costs
you basically $2.(10 a IIIOlllh and its always being repaired by the City. Director Esterly said be likes the
concept of a Christnm Oub or a savings plan rather than insuranc:c . Mr. Vormittag said it is not their
responsibility anymcn. that the City will take care of it once they are into the plan. If the City feels it
needs to be rq,&aced they go out and replace it and there will never be a bill bec:ause you will be paying it
every three months, $6.2, a quarter. Director Esterly Slated that is correct.
Mayor Bums DOied. as Council Member Wiggins pointed out, that under the present program. if it was
not changed, you would baYc to pay for your own conc:retc anyway . Din:aor Esaerly advised that is
oorrect, that CUITClltly eacb property is obligated to maintain the c:oncretc that is in front of their property .
Mayor Bums commented that that may all come in one lump sum unless there is a public vote to extend it
out and bond it. Mr. Esaerly Slated we are kind of talking about these real neplive cases where the City is
a,ming around and tdling you to take care of it. He poillled OUl that actually many of our citizens
throughout the City do a good job of just taking care of their aincretc. that they know is their obligation.
on their own and the City is never involved. The only time the City becomes involved right now is where
concrete is allowed to clctcriorate to the point where it is a haz.ard and tbcn we fccl that we have to step in
and do something about it to gel it caught up . But by and large. be staled. the majority of property owners
within the City of Englewood do a good job of taking care of their conc:retc .
Mayor Bums noted that. say if your concrete deteriorates in 10 years. in 10 years you would only pay S2S
a year, which would be $2'° and most of the concrete bills are a lot bigger than that . Director Esterly
Slated that the typical residential bill. if you replace the Clllire frontage, turns out to be S I'°°. He noted
that is a big bill to gel bit with all at oac time and perhaps somclhing you hadn't planned on . That. be
advised, is typically the largest conccm we ha\'C. That people don 't necessarily object to the fact that they
are responsible for maintaining their concrete. but they have a coacem that ai a time o( our choosing and
not theirs, we are talking to them about it. Director Esterly said that tbcn we have in dl'ect moved into
this cnformncnt mode and it clocsn 't feel very good for anybody to be in tbal situation. But again, he
noted, if property owners are taking care of the conc:retc that is their responsibility, we don't even talk to
them.
Council Member Vormittag asllcd what the approximate coa would be for the crew to come out and
replace just one section in front of someone 's home. which is about 4 foot to 6 foot long. if just that one
piece is bad. Director Esterly asked Engineering Manager Kahm if he had a price for a 10 foot stone that
is 3 feet wide with a curb and gutter attached . Mr . Kahm said lhat would be about $30 a linear foot.
Director Esterly Slated that. at about $30 per linear foot . a 10 foot stone would be approximately $300.
T)pically, he noted. they allow people to do hair stones. but that frequently is a losing operation . You do
half tbis year and a couple of years later you do the other half anyway. Council Member Vormittag
commented that at $300 that is a heck of a sa\'ings for S2S a year.
Council Member Habenicht stated that she has a couple o( qucsaions she would like to have clarified. She
said this would be a fee that would be attached to the utility bill . She asllcd if these funds would be co-
mingled in any way or how would the funds be kept scpanle. Director Esterly explained that these funds
would not be co-mingled. Cum:nll)' on a utility bill if you gel the services for water. for sanitary sewer
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April 7, 1997 ••ie•
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and for storm water, that those are all kept in separate funds, with separate accounting and they are
tracked for the individuals that are involved which each one of those. This, he noted, would add yet a
fourth utility to the system that would stric:tly be for conc:rae replacement and the City of Englewood
would also be contributing to this fund to take c:are of the c:onc:n:te. Not just the City responsibility
c:onc:n:tc that he lalked about, but also the c:onc:rete in front of City facilities, like City Hall, the Safety
Scrvic:cs building. the Scrvic:enter, the Miller building and parks. Director Esterly stated we have a lot of
facilities around town where staff' would be coming to Council eac:h budget year looking for the City's
contribution to the program also for our own propeny . But, he reitenlled. the funds would not be c:o-
mingled with the other funds and as the years go ~-we will evaluate if we are collecting enough money or
too much money . If we are collecting too much lmllC)', in the future we c:an reduce the rate. If we are not
c:ollec:ting enough money staff' will be back talking lO Council about raising the rates .
Council Member Clapp asked Direc:tor Eslaly to explain how this will wort if she were to sell her home.
Mr . Esterly explained this has no implCl. from a legal standpoint, on whether or not you sell your home.
As a practical matter we expect many future home buyers, if you had opted out of the program. it is quite
possible that a buyer might iequire that you do whatever is necessary to get back in. That, he noted,
would be a point of dilCUllioa during the sale . As things are going right now, if it is a buyer· s market,
then the seller usually has to pay for iL If it is a seller's market then the buyer usually has to pay for it.
Dircc:tor Esterly advised that when people opt out of the program it would result in a doc:ument that is
rec:onlcd at the County and when a tide seuc:h is done, at the time when the property was going to be
transremd. just like an easement or any other financial obligation against the property. e.g. a lien, this
"'1111d show up that the property owner had opted out of the program . But what actually happens during
the sale is between the owners. that the new owner could agree to acc:ept what the previous owner had
decided.
Council Member Habenicht asked if somebody trips on her sidewalk who would be liable if there is a suit.
City Attorney Brotzman stated that the individual homeowner is responsible for their side\\-alk .
Council Member Habenicht asked. if she has a tripping hazard on her sidewalk, who determines when it
gdS fixed . Director Esterly explained that they would typic:ally be out doing inspcclions on an annual
basis. looking for such things. Of c:ourse, he said. if any property owner brought a tripping hazard or
deteriorated c:onc:rae to our attention that we had not notic:cd. and assuming the funding was in place to
deal with it. we would bring that c:oncretc into the program.
Council Member Wiggins said lhll to follow up on Council Member Clapp's qUCSlion, if you have a
persoa who has opted out. they sell the house and he decides to buy it. As it goes right now. ,.;th the
water utilities. when a house c:hugcs ownenbip it 1111111 go on a waler meter, if it isn't on a waler meter.
He asked if this would also trigcr a situllion ,.;thin our oomputcrs with the Utility Dcpanmcn( for the
City to notify the new owner that. guess wbal. the pmious owner opted out. that you ba\-c a c:hoic:e to go
into this program or stay out. Director Es1a1y Slalcd that the City would not be making that notification,
that t~· would cxpcc:t that that notiflCalion would come to the purchasing property owner through the
research that is done on their behalf as pan of their bank loan . It is quite poaiblc, • \\"C ha,·e this pop up
every now and then. that we have somebody who has the money. has the cash. c:ould purchase a house and
not have done their rescarc:h . He acknowledged that you c:ould c:atc:h aome people like that unawar-c .
Mayor Bums said that he had several comments . He opined that the agreement of non-participation
"'1111d be recorded as a notice. that it was not reall~· an impairment of the title. He noted he has seen cases
where people have bought a properly and within a few months they get hit with a big c:onc:retc bill . They
then try to go back to the seller and complain that they were defrauded or misled or that sort of thing. He
opined that this program would alleviate: that. Also . he said. he would presume that if you would opt out
of the program . you would ha\-c a bi II and the reason you are asking people to bring their c:onc:me into
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En&lewood City Council
April 7, 1997
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oompliancc first, and then pay the past amounts, is because if you didn't, then the instinct would be for
everybody to lay out. Then when their concrete was bad they would just pay the $25 per year and expect
to get new concrete. Mayor Bums said it would seem to him that you nm the risk of having a very badly
under funded program, because you wouJda 't have enough people participating. Director Esterly stated
that theoretically the obligation would pmty much match the funds that we were oollecting because we
would have fewer propenies to service. But, he said, we are trying to discourage the activity of getting in
and out and in and out of the program. Which people can do. However, he noted, in doing that, if we
create a real significant administrative burden on the City to keep dealing with moving people in and out,
the cost of doing that winds up a,ming out of the Utility too . Director Esterly commented that we would
rather spend money building concrete than dealing with administrative matters .
Mayor Bums noted that if people opt out and tbeo come back in and didn't have to pay to upgrade their
concrete, they would often be coming back in with a large a>ncrcte repair obligation that they would be
asking the City to fund . He said it seems to him that that could overwhelm the program. Director Esterly
stated that is exactly the thing they are trying to avoid with the citizens. Where all of sudden a big bill
comes due for them al a time not of their C1W11 choosing. Now we would have the situation when a big bill
would oome due to the City not a time al our own choosing just because people came in. Mr. Esterly
a,mmented that, as Council is aware from the Study Session. concrete in the City has been built in some
fairly significant spurlS over the last sevaal years. Going back 30 or 40 years . we bad some significant
building booms when much of this was put in. A lot of that concrete is approaching the end al its
economic life. So, he noted, we are facing this issue of balloons and we would like to have those not occur
at a lime not of our choosing too. Director Esterly stated we are trying to plan for a reasonable program .
Council Member Vormittag asked Director Esterly when he plans on starting this program. He DOlCd that
some of the people out there probably have bad concrete already . He asked if this is going to be an on-
going thing or are we going to do a sweep of the City and for like three moolhs go in and tear everything
up and be done with it. Director Esterly said that is a good question . Owr the last six years, and for the
first four of those years. we IClllally surveyed the City and caused the deficient a>ncrete over that lime
period to be brought into compliance throughout the City . So. be said, they believe al this point in lime
that we are caught up and that we are on a pretty evca kccl . So we would be looking al lillure concrete.
Director Esterly stated that if Council decides to proceed •ith this. and passes it on the dates that are
identified in the calendar. the firsl billing for this would go out in July of 1997 and we would sec the first
consuuclion using these funds to occur in 1998 .
Council Member Vorminag asked if we will get a warranty •ith that from the conlJ'IClor. for example. if
the concrete is bad •ilhin six IIIOlllbs ud f1aka off. Director Esterly adviled tha& we have normall y
required a 2 year warranty from our --lllllllnl*lf'I and we also require thal al any concrete
conlJ'IClOI' who WOlks for anyone in die City. public or privaae.
Council Member Vorminag asked if IOlligbl we are going to ~-e a list al people who would like to opt
out of it. where they can get their name on there and will we contact them later on . Din:ctor Esterly staled
thal if you don 't create the Utility there is nothing to opt out on. Once the Utility is created then we would
expect for people 10 come forward and request to be opted out of the program and the overall delails are in
the packet on this voluntary non-panicipation provision. So that information is in the packet if anyone is
interested in it .
Council Member Habenicht said that she is IIOC sure ifwe have any placa within the City right_. tha1
do not have concrete and would be getting concrete in the future . She asked if tbeR is any new concrete
installed for some reason. would that have to be installed first before IOIIICbody could ,et illlo the
program. Director Esterl~· explained that this progra111 is intended just for maintcnancc al existing
a,ncrete. The City has propenies at parks where the side\\'alks are DOI yet developed and tbis cloesa ·1 pa)'
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Englewood City Council
April 7, 1997
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for that. He advised that the Parks Dcpanmcnt would be looking for an individual separate appropriation
to have work like that done. We have properties on University, and Belleview at several locations, where
there arc no existing sidewalks. He stated that would be a separate issue that this Council needs to
address as to whether or not we are going 10 require sidewalks in those locations . He noted that the way
we are arranged now it would be the responsibility of that property owner to construct the new concrete.
In the future, if this Utility is passed, it would continue to be their responsibility .
Council Member Habenicht said. just to clarify what Mr. Esterly said to Council Member Vormittag, that
everybody in the City right now would be starting out as if they had okay concrete. Director Esterly said
that is right. So. she stated, nobody needs to do anything, that that is what the last 6 concrete districts
were about. Director Esterly said the last scvcral, yes . Ms. Habenicht noted that was to get everybody to a
level playing field. Mr. Esterly explained that wc thought wc were behind and again it was a goal of
Council to bring the appearance of the City back into line with good standards .
Council Member Clapp asked Director Esterly to explain the current concrete standards and address if
those would change under the Concrete Utility . Dilector Esterly advised that there arc scvcral different
coacn:1e standards. Some. he said, have to do with displacement criteria. There is criteria that has to do
with the surface texture of the concrete. thal is often related to the soundness of the concrete. For
example, he noted. he could go out and hit the concrete with a hammer and it either goes thud and it
needs to be replaced or it has a hard sound to it. Those things. he stated. can be dctcnnined by test. He
noted wc have concrete that is in the cu,t,s and gotten that can tend to deteriorate, lose it's surface and
collect water. That can Slart to damage the asphalt pavement. which can then run the bill up considerably
for overall rcpain and wc are ,-cry interested in seeing that those areas don 't continue. So. he said. the
standards for rcplaccmcnt would not change . Dq,cnding on how the funding flows, wc might move ahead
or behind in replacing CXIIICffle . With an adequate funding Dlrcc: wc would not be stuck in the position
that many property owncn arc . of replacing half of the CIOIICfflC and hope thal the Olhcr half is going to
last a long tilnc. Mr . Eslcrly commcnled thal wc have a lot of homeowners thal do that, and typically the
COIIClelC was placed all at one time. and die fact thal half of it has deteriorated to the point of rcplacemcnt.
altbollgb it doesn't violale our standards. it often -die remainder ii goina to go~ 10011 too. In the
past. lie noted. wc have cncourap,d people to replace dial lllamdvcs. He noced that. depending on
fundillg availability, wc would probably be a little -aar-M about making total rq,lacemcnts.
Ccwil Manbcr Waggoner noted thal Mr. Esterly W#ioNd • tllc 11a11 ofllis .,......ion dial Ibis
iacluded concrete alleys. He questioned whcthcr he .. .;.. ta1kiag about the cnia .-• the alleys or on
the meet ends. not about the whole alley . Diiector Ellet1y cxplaillcd that tllc _. alleys. that arc in
place rigbl -· arc a pan of this Utility to the CXICal 11111 tllc City m made u obliplion to tllc
pn,penics adjacent to those all~·s. Thal if they oripally paid to llavc the alley P9'oed in CXIIICl"CtC. the
City -.Id then amunc responsibility for mainlcaacc of dlolc al~,. So yes. he said. the coacn:1c: alleys
thal arc existing. and were done 10 City llandanll by tllc Cily. WOllld come illlO the Utility, but they would
he the responsibility of the Ci~. in their sllarc. to aaiataia. Thal. he noted. is the w rapo1llibility that
wc have right now . Director Esterly staled thal he ii IIOl awaR al~· concrcte alic,'I in the City tbal arc
not City standard. but that we do ha,'C 10111C asphalt COIICl'CIC al~'I that have been put in alUUlld the City.
Thole. he pointed out . would IIOI be pan of the propam .. Council Member Wagoner said he would pas
his question relates more lo the fact thal he ~ wc iuilNain the llrects with caentially aaphaltic
concrete, but ii docsn ·, come ou1 of a ltfflCI Ulility . He said he WOllld be concerned tbal wc -.Id be
puning concrete alleys. which 1s not much difrcrcnl than the street out in front. in the Ulility. and not ua1
it as a main1enancc projcc1 for Public Works . Director Eltcrty commented that wc can fund it either way .
that he docsn ·1 sec the dill'erence in either one of the approaches . He said he would pea the real
difference in 1hosc two approaches. and he opined that it is a real line dilrcrcncc . is 1hat wc can iclcntil'y
1ha1 concrete and 1he Ciiy can t.:lkc money oul of the PIF. asign it 10 that value of concrete on an annual
basis or we can separate ii and make ii the Cit) ·s responsibility . Then on an alley by alley basis staff I·
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En&l-ood City Council
April 7, 1997
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would come to Council and ask for the full appropriation for that replacement. Mr. ES1crly stated we can
do it either way . We would basically opt out of the program with our alleys . Council Member Habenicht
asked if it is written right now that they arc in there . Director Esterly advised that it is not written, but
that we have made thal verbally and with a handshake . He noted that people who put concrete alleys in in
the first place, when they put those in. they were assured that the City was going to maintain the alleys .
Ms . Habenicht stated the clifl'crcnce is not whether or not the City will do it. but whether or not it will be
the Utility that will do it. Director ESlcrly said that the way it is written right now it is anticipated that the
Utility will pay for the concn:tc alley replacement. Council Member Waggoner asked if that was part of
his overall calculation. Mr. ESlcrly confirmed that was part of their overall calculation and
recommendation .
Mayor Burns asked if Council bad any further qualions. Hearing none, he advised the audience that they
would go -to public comment. He explained that everyone who wishes 10 speak will be allowed to
speak.
Mayor Burns advised that Council bas a policy of not voting on an ordinance on the same night as the
public hearing. He explained that Council will VOie II the next meeting. This. he noted. gives Council a
chance to dip!SI the information they receive at the piblic hearing and make any comments, changes and
so forth before the next VOie.
James Osborn, 29S East Chenango Circle, stated that he is kind of confused, that he lives on a corner lot.
He knows a standard lot is S2S a year, but he asked how much more docs he have to pay for a corner lot.
as opposed to someone who lives in the middle of the block . Engineering Manager KabJn advised that the
amount of his charge will be based on the amount of concrete he has adjacent to his property. so ii
depends on his frontage . Mr. Kahm referred everyone to their packet and explained thal there is a
drawing that shows some avenue on the top and some street on the side. He noted that if )·ou have a
typical SO foot residential property on a the corner, that is SO feet of frontage on your front street and 12S
feet on ~·our side street., you would be responsible for your SO foot of frontage in the front. the City would
pick up 70-/e contribution on the side street. leaving you with 30% of the side street. In fact. he noted. this
turns oul to be a SO/SO split for the entire frontage. Mr . Kahm explained that in this particular instanc:c,
assuming that he bas 6\/z foot wide concrctc. the fee would be a total ofS44.JB and the City would be
putting in an equal contribution. He said if he bad a larger lot and it bad a 75 foot frontage. then the split
on the side Slrcct remains the -. but you would IIM'c I \lz times as much on the frontage . IIIIICad of
S2S. he would M\'C $37 on the fronl . Mr. Osborn asked if the City is going to CIOfflC OU1 and measure and
say okay we will pay this much and you lift raponsiblc for the rat. Manager Kabm stated that we
actually have an invcnlory olall al the concrete in the City . He advised Mr . Osborn that ifhe would like
10 call his office they can tell him exactly how much c:aacrac is theR and whal the split would he. what
lhe brakdown would be.
Rohen Proctor. 470S South Inca. IIOled thll somc of the questions he bad have been answered . However.
he said he would still like clarificalion . He said that he. like Mr. Osborn . lives on a corner. He said if he
signs up for the Utility and 111)'1 his dues. once it stans then if his concrete is replac:cd. that it is no
additional charge to him whatsoever. He asked if that is c:orrcct . Council Member Vormittag said that is
corm:t. just like inswance. Excq,1. Council Member Waggoner said. you continue paying your dues . Mr.
Proctor noted the 1noncy goes in to the collccti\,e concrete maintenance fund . He asked if ii just sits there
or if the City uses it for other things or if ii draw interest . Mayor Bums asked if "'e do cash management
"'ith the fund and noted that Director Gryglewicz indicated. from the back of the room. that would . We
would be able to do cash management with this fund and cam interest olT of ii . Mr. Proctor said. then the
interest goes into the fund and not back 10 the propeny owner. Mayor Burns confirmed that ii would go
into the fund .
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Englewood City Council
April 7, 1997
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Jeanne Mc Williams, 3 795 South Grant Stn:et. thanked Council for finally doing something lo address this
matter. She opined that the way it has been done in the past has been ridiculous. Ms. McWilliams noted
that a lot of Council is aware of her feelings and she is glad to see something is being done. She said she
was reading the minutes from the last Council meeting and she wanted to thank Council Member
Habenicht and Council Member Clapp for tl1inking that the City is trying to assess the homeowners too
much and maybe could share a little bit. She said in listening tonight, and that she spent some time this
afternoon with the Public Works Depanment, that she really thinks it is being over complicated. You are
talking about having to file things with the County if the homeowner doesn't opt in, opt out. Ms.
McWilliams advised that she called all the other cities to see what they had budgeted. She spoke, this
afternoon, to the Public Works Department and was advised that the Hollywood curb. the 2 foot curb,
would be approximately $20.48 per year, mid block the regular sidewalk would be $25.00 and $44.36 per
year on the corner. Ms. McWilliams said that CMII if you use the Hollywood figure. $20.48 per year, the
WI COIICrdc distrid was in 1995 and the cost to the bomcowners was $155,530 and that is pretty average
of what bas been spent for all of the CIOIICfflC cliltricls. If you divide that out by the 11.000 homes in
Englewood it comes up to $14.00 per household. She said that when she looks at figures like that she
wonders why you arc uying to get so high with what we arc charging the homeowners. that maybe we
need to gear it down and IIOl try to think ofS42 million worth of cement in the entire City. Council
Member Vormittag swed that it is easier to give it back than it is to recollect it. Ms. McWilliams
commented that it will be just like the Coors Field tax. the field is built and we are not going to see any of
that either. She said wc are not talking all of the concrete in the City of Englewood. wc are simply talking
what needs to be replaced and Chuck Esterly just said we are up to par now . When they staned this five
years ago we were suppose to be bringing everything up to par so wc didn't have a pile of damaged
concrcle. So presumably we are on a maintelWICC plan now, not removing all the good, bad and
indifferent concrete. Sile said she also wanted to address the fact that he also said that the City only steps
in and orders concrete replaced when it is badly damaged. Ms . McWilliams said she is here to tell you
that is not the case. that she has seen it assessed where the sidewalks arc slightly roughened and those
people have been ordered to remove it. it is not when it is badly deteriorated. She Slated we sent one
person out with a spray can asking them to assess all the concrete. Reganling the criteria Ms. Clapp
asked about. McWilliams advised that the person that assesses the concrete docs not have that criteria in
hand. She said she thinks maybe that is improving too. but that badly needs to be addressed. Ms.
McWilliams advised that her main coaccm is that she thinks Council is on the right track. she is glad they
are addressing it. but that she really thinks they arc O\'CI' eslimating the amount of money that needs to be
spent every year on concrete replacement. Council Member Habcnicbl asked Mr. ESlerly to address that.
Director Esterly Slated that the primary reason is that although we arc caught up with whal bas already
gone bad and caused tliat to be brought up to Slalldanl and replaced. we arc again looking forward to the
replacement of this \'cry large building boom thal oa:umd in the City of Englewood in the so· s . Which
is getting to be 40 or so years now and much of tbat aiacn:lC that we have repaired in the WI disuicts is
that concrete and it is starting on the leading cdF of this balloon tbat we arc expecting to come in. He
advised that wc are probably cx-pccting within the next 10 years to see a large percentage of the concrete
in the City come into a condition where it is going to need to be replaced. Director Esterly Slated that we
are actually more concerned that we are not charging enough and that whcn this balloon does come due
that we will not ha\'e enough funds to deal with it and the people in the audience now who are concerned
about that will be knocking our door down to know why wc are not taking care of their concrete. We arc
actually more concerned that the project is being under funded rather than over funded . Ms . McWilliarns
stated that she still thinks that they need to rethink the figures on that. She said she has called other cities
to see what they are budgeting, that the $155.000 that was spent in 1995 is much more than comparable
cities spend on their concrete. that were paying 100% of it. She advised she is talking about Northglenn.
Thornton and that she called a variety of cities. She said she knows people have a concern tonight too
that if they have been in concrete districts in the past, that they now have assessments against their home
and they arc paying for that already . Shc commented that she does not know if that has been addressed.
but thal she thinks we need to stan this somewhere and she does not want that to discourage the Council .
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Enclewood City Council
April 7, 1997
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Mayor Burm thanked her for her inrerest . He commenled lhar another reason why there is the opt our
feature in Ibis, which means ii is not mandatory, and thal means you can't argue thal it is a rax . He
explained thal if it is a lax Wider Amendment I you have to have a public vote in order to increase or
establish a lax.
Margie Srene, 4161 South Cherokee Street. noted it says on the one paper ~do you have the money for
concrete replacement?" She said no she does not and she didn 'L She llaled she would be glad to start
paying the S25 a year, but thal she would like to have DDebocly lake the loan lbal she bas, a $700 loan at
about 6% or 11%, and have it shredded. She said tbal -oa the ia. deal and it is agai• her house.
Mayor Burns noted be did not think that would happen . Ms. SleDe commented lbal she wisbed that
S0111C011C had tboughl tbrougb the whole lhillg ID tbll she aJUld SWt paying die $25. So, she asbd, is it
true lbal anydiing that Ille Im done Crum -on will be S25 a year. Mayor Bums said yes. But. Ms.
SleDe asbd, Ille can't pt dial S700 aa 1% dimiDIIICid. Mayor Burns ClllllllllCllle that we would have an
awful lot of money dial would be forgi\'CII in the City if we did that.
Dan Wegener, 4011 Soulia Delaware Street. advilcd tbll he is a coacn:1e COlllnlCIOr in Englewood and for
him Ibis is not a good idea only because he liws on a biU and bis coacn:le isn 't cklaioraling. for a lot of
people it would be a good idea. But. be said be does not think they have ~ money into it. That
money is not going to go lhat far . Mayor Burm said then you lhink you may be under funded . Mr.
Wegener said yes.
Kun Todeschi, 3291 South Gilpin Street. saarm he is a registered pro(essional engineer and has over 20
years of highway construction experience. He said he would like to say first thal there is definitely a
problem. but he opined ii staru with management of existing funds . He commenled lhat he lhinks the
whole program needs to be looked at. He poinled our people have come up here and qUOled it as my
concrete or our concrete. First of all. he noted. it is in the street template. it is in the public right-of-way .
Thal citizens do not control who walks on it. He swed the Ciry mainlains iL plows it with de-icers •
salt/sand mixtures. which do contribute to the clelcrioratioa ol the coacn:1e surface and the only lhing the
citizens basically do is shovel it. Mr. Todeschi, comlMJDliD& oa the fipn: ol S42 miUion that w thrown
our here, poinled out that there arc roughly 11,000 homes in the Ciry olEaglewood. and if you take the
$42 million and divide that. lhar is roughly 420 liacn feet ol cwt, rcplaocmcnt in front ol eadt home. He
said the lady that just spoke before him IUDlllled it up bcacr, as you say )'OW' coacmc rq,IIOCDICIM
program is roughly $350.000 a year. which is probably praty ft'Cl'aF for our si1.e al ciry . He staled it is
roughly, as she said, S15 to $20 per ~·ear per homeowner. Mr. Todelcbi opined tllal it is the right idea.
but that the Utility Program is the wrong solution . He said be lhiaks dial once you start going Utility
Prograa. in to the now line of the curb and gutter then wbll is next? Ale )'OU Fina to start making us
rq,lace the whole strcer or whara-er. He reiterated that citizens don't mainrain those facilities and be felt
Council sboulcl take another look at this .
Council Member Habenichr asked Director Esterly or Engineering Manager Kahm 10 address rwo
questions she heard . One is how did we come up with that very high amount of concrete baled on
dividing our by homes, whal else is in,·olwd in the conc:n:te . And. she noted. the other question -will
it extend to the street. Ms. Habenichr commenred lhal ii is her understanding rhat we already have a
paving program where we ha,·e aln:ady all paid for our first paving and the City takes care ol aU ol the
paving. She asked thal staff' address those issues . Addressing rhe high concrete estimate. Din:aor ESICl'ly
explained lhal rhe Utiliry includes concrete alleys which inwlvc a very large square foocagc ol COIICfflC
lhat Ibis gentleman has di,,idcd our by each individual property owner. He stated thal that amount ol
concrete is already Ciry responsibiliry and is not included in the amounrs 1ha1 we are propoling &o include
in charging the individual property owners for rhe Utility . The other pan of that is. he DOied. thal we
conrinue lo have this 70-/o obligation on rhe scc:ondary frontages . Each and every block has primary and
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Enclewood City Couacil
April 7, 1997
Paae 14
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secondary frontages so this is a significant amount of concrete that the City is going to be lilnding on the
sides. He explained that the concrete that was included in that total replacement value includes that 70%.
Also included in that is the aut, returns that we lalked about. the entrances to all alleys throughout the
City, and all of the concrete cross pans that are in place for drainage. He Slaled that vinually all concretc
in the City, that is not directly in front of or adjacent to an individual property owners propeny, is
included in the Utility and that is the figure that the tocal replacement value concrete is based on. Not the
amount that is being paid for by the fees that are being raised by the dillric:t. Director Esterly commented
that they are two difl'erent issues. Council Metnber Habenicbt asked what portion of tbose are being
addressed by the City C011tribution . Mr. Esterly stated thal all of tbose things be just mentioned are being
addressed by the City contribution, although Council Member Waggoner raised the question about
perhaps bandling the alleys in a different manner. So. be said. tbere is the poaibility that that could
change. DirClctor Esrcrly DOied that the second pan of Ms. Habeaichl ·, question had to do with extending
to the lilreCt. He aJIDIKDled tbat this issue -cliscuwd I CDUple mondls ago in Sludy Session and be
notecl that the City is aboul 9S% buill OUl with paving dillric:ts. So, be said. each property has already
paid for the replacernem of thal coacn:1e and the City is committed to mailllCnlnce of all of the asphalt
Slffetl that bave been brought .. to City standards in the past. He noted that commitment is already in
place right now . Director ESICrly explained that if the City pays for it. we pay for it with General Fund
Revenues or propeny taxes thal we raile and a large amount or that shifts the bun1en to business owners.
Currently, the individual pruperties are responsible for their concrete and this retains that responsibility
with the exception that the City bas taken on 70% of the secondary frontage. Right now, be stated, we
have DO intention of moving out into the streets with this. but of course we are going to be facing street
replacements in the future and we have yet to detennine how those will be funded. Many properties, be
noted, have already been assessed for the streets in front of their property. Mr. Todeschi commented that
concrete is pan of the streets.
Clifton Coleman. 3901 South Galapago. said there are Council members that have already heard this plea .
He SlllCd that they live on a corner and have already participated in two distric:15. 1be first one was about
$900, which they are still paying for, and the second dillrict was about S 1600, which they are still paying
for . He thought a major point bas been brought out, that the City owns the cwt, and gutter and sidewalks
that we are arguing about. that we are dilCUSsing. He pointed out that they pay taxes on that propeny
already. They are now being uked. despite the fact that there is a c:awat in !here that says you can opt out
of this. to pay another tax . So. be opined. they are paying double taxes for IIMDl'thing that be does not
think they should have to pay for . Mr. Coleman ad\ised thal be has been the DiRICIOI' oCPublic Works for
Adams County. the Dirmor o( Public Works for Greenwood Village and be is familiar with the other
jurisdiaions around Englewood . He staled there is DO jurildictioa. that be kmws of. that forta the
citucns to pay through a dillric:t or through this S-&O a~-plaa or MIMC\'a . Apin. be told Council
Member Habenicht and Couacil Member Waggoner. be hales to keep repealing himldfbut be dim not
think it is right . Mr. Coleman ll8ted thal the olher cities doa 'I do it and be cloesn 't ~ why this is
imposed on the citizens to do it .
Jane Coleman. 3901 South Galapago Screet . stated that they were encouraged to be in two separate
concme districts. She said that IOIIICbody came around with a Ouoresccnt spray thing and just went
crazy. She advised that they live OD a corner lot . Ms. Coleman DOied that she has appeared befon: several
Council memben in the pllll about this and they panicipated in both of the concrete districts. A lot o( the
stones were marked iffy. she said. indicating that ~"OU don't have to do this. but at some point in time they
will need to be done . Ms. Coleman stressed that had she been told that this was coming up she would not
have spent the money to replace stones that "-ere just iffy. that at some point would have to be replaced .
She noted she could have paid the S2S and sa,"Cd herself how many hundred dollars. She reitenlled that
she lives on a corner lot. and if she UDdentallds it right. it says that 70% will be paid OD some -and
on some street it looks to her like the homeoMler is going to have to pay it. She asked if thal is correct .
Mayor Burns said be believes that is correcl. Ms. Coleman pointed out that there was a gentleman here
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Eackwood City Council
April 7, 1997
Pace 15
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earlier and he specifically said that if he pays his S2S he will not have additional funds . She said that is
incorrect if she undcl'Slallds it right. Mayor Bums DOkd that he was not sure he undenlood the question.
Ms. Coleman said he asked if he pays the S2S if that will take care of it and the Council agreed to that and
that was incorrect if she undcrslands it. She noted the City is going to pay 70-/e of her frontage, she pays
l 00-/e of her side street and 30-/e of her frontage . She asked if that is correct. Mayor Bums asked if she
meant 100% of the cost of actual n:placemcnt. She said yes. Mayor Bums stated he did DOl think that
was right. He asked Director Esacrly to address her qucslion. Din:c:tor Estaly advised that the way the
formula is set out the property owner is responsible for I 00% of the frontage and that Mlrks out to about
the S2S figure . The remainder going into the S44 per~ figure. thal's in the illllllJalioa, comes from
the secondary frontage or the side yard frontage . He DOied the S2S rclalcs to a lot that is DOl OD a c::omcr,
that tbcrc is an example calculation in the package that was handed out that shows whal the obliplion is
OD a comer. Director Esaerly advised that prior to this Utility, what is shown in tbcrc for a a,mcr property
is 100% the rcspoasibility of the property OWIICI". Mayor Bums said dial if he undenlood Ms. Coleman
correctly, her queslion was thal if she bad a SI SOO bill for the front poniolt of the boulc she woulcln 't have
to pay SISOO, she would be paying the yearly fee . But, Ms. Coleman said, on her side she would lilill have
to pay the full I 00%. Mayor Bums and Din:ctor Eslcrly said no. Din:ctor Esacrly advised that the annual
fee would be 309/e, but thal if she should choose to opt out of the program then yes it would be I 00-!. of
your responsibility . Council Member Habenicht said she was IJ)ing to undcnWld this too and as she
undcl'Slallds it is that somebody that doesn't have a a>mcr, that just has frontage and say it is 100 feet and
they pay a fee , that people on a comer lot won't have to pay double that because they have twice as much
concrete. Their fee will be adjusted, instead of another l 00-/e, their fee will be adjusted up by just 30%.
So the fee would be say 30-/e ofS2S. if it is another 100 feet, it would be another S8 or $10, then you
would be paying S3S because you have a comer lot, lllthcr than $SO bccaUlc you have a comer lot . Ms .
Habenicht asked if that makes sense, if she undcnlands it right. Ms . Coleman, using the handout. pointed
out what she understood it to mean, saying that she will pay 30% of the front and all of the side . Mayor
Bums reiterated that it is just the one yearly fee . Ms. Coleman said she did DOl think they were
understanding each other, but she would move on. She pointed out that this also docs DOI cover the
breaking up of the concrete and hauling it off. Til8t is also another fee that the homeowner will be
responsible for . Council Member Wiggins and Mayor Bums noted it is all included. Ms . Coleman stated
that it says other factors affecting cost which arc not included in the prices above arc concrete sawing and
removal and rcplacemcnt of asphalt. Engineering Manager Kahm ex-plained that the example shown is to
give you a feel for the type of concrete that would be in front of ~-our property, like in the top section that
is typical vcnic:al curb and gutter with a four fooc adjacent walk . If you have a so fooc frolllagc, you could
take a lot* aa the handout and say I have a SO fOO( fnlntage and the cost al removal and replacing four
inch concrete is S22 .6S a linear fooc and the fee is SI cents per linear fOO( per year . He advised. repnling
the note aa the bo1tom. that it addrcaes other COIis that the Utility will ablolb. He explained thaa !bole
costs arc DOI broken out in the examples. but thaa the Utility will take care of thole COIis al sawing
concrclC and removing and replacing asphalt. Mr. Kahm noted that the question came up earlier about
where our numbers came from and in fact the $42 million comes from us taking a complete inventory of
all the concrete in the Ci~· and extending it by the known costs of removal and rcplaccment oC thaa
concrete on today 's market . So that is where the $42 million comes from and. he Slalcd. it is a
substantiated number. Council Member Vonnittag said that is tod.ly"s dollars, not futuristic dollars. Mr .
Kahm confirmed they are today 's dollars . Ms. Coleman stated she li\"es right IIClOII the Slreet from a
grade school and that one of the reasons she had to have so much concrete rcplaocd is because the SDOW
blade comes through and rakes all the way down on her curb. gutter and sidewalk. She commented that
she is now , 4'A years inlo lhe concrete district and her concrete cw1ls and gulten need to be rcplaocd
again . This was already damaged 2 years ago, she said. and she has already talked to several Council
members and bad SC\-eral out. and she thought Mr. Kahm bad been out. 2 years qo to verify this. Ms.
Coleman stated she hasn · 1 C\·en got the other paid for and you arc :isking her to pay for this and she nccd5
it done again . Mr. Kahm noted that under the mstin& ordinances~ arc lfflMlltllible for
maintenance of1hi1 concrete . In fact in this panicular illllance when: it is ncccssary. in order 10 n:IIIO\C
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Englewood City Council
April 7, 1997
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snow and ice in the winter, to get in wilh heavy equipment and we damage lhat concrete and under the
existing ordilWICC that homeowner is responsible for lhat work and if we come in and tear it up every 3 or
4 years the homeowner is 5lUCk witl1 lhat responsibility. Under the Utility lhat corner property is paying
lhat maintenance fee and, if it is ncccssary because of snow removal operations or if you live on a State
highway where the State is in putting salt and sand on those adjacent sidewalks all of the time, the
frequency of removal docsn 't affect the rate you pay. So, he pointed out, there is new equity in this
concrete maintclWICC that we have never had before. So in fact if we go in, because of the nature of snow
removal, and tear up her coocrctc every 4, 5 or 6 years and it is necessary for us to replace it her
maintenance fees stays the same as everybody else in the City. Council Member Waggoner said that is if
she docsn 't opt ouL Mr. Kahm stated yes, if she docsn 't opt out. But, Ms. Coleman stated, she still bas to
make up that clifl'erence. Mr. Kahm said no, she will pay her annual maintcnancc fee and if the City bas
to replace it every year her fee stays the same. He pointed out she can quit worrying about wbctbcr the
City damages it, or wbctbcr the uash truck drove on it or whether a bus drove on it or a Stare soow plow
hit iL it won't matter. Ms. Coleman said so they will pay for ii complctcly. Mr. Kahm rcspoodcd that is
correct. Ms. Coleman noted lhcn there is nothing in the 30-1. lhat she bas to come up wilh. Mr. Kahm
stated she bas to pay the fee for lhc 30% of the concrete lhat is adjaccnl to her house. Council Member ·
Waggoner explained that if she pays in lhc Concrete Utility Program and she docs ROI opt out the City
replaces her concrctc. Ms. Coleman questioned whether she can ask the City to come out and sec if new
concrete is necessary. Council Member Waggoner advised that she can ask anytime she wants. Mr.
Kalun DOied the plan is ROI in plKe yet. Ms. Coleman asked who dcciclcs on the coatractors for this
concrete. Council Member Waaoncr Slated the City would decide duougb a bid proccss. Ms. Coleman
questioned when Couaci1 would haw: their next VOIC . Mayor Bums advised that ii would be at the next
City Council meeting. Mr. Kahm stated that they anticipate a couple of language clarific:alions that City
Anomcy Brauman prcscnlcd. He noted they arc with Council's packets this evening. So, be noted, they
"ill sec Council addressing an amended ordinance on April 21 •. Mayor Bums clarified that Council will
receive an amended ordinance on April 21 • and lhcn another reading, another vote after that. There will
be IWO IIIOfe VOICS on April 21• and Mays"'. Council Member Waggoncrcxplaincd lhal this is just lhc
public bearing tonight, tbal Council will ROI VOie on it at all tonight.
Barbara Fout. 4185 South Huron St.rcct. asked questions concerning the process. The process, she said. is
based on existing coocrctc. She explaiacd that her frontage covers two thirds of lhc block. in that their
house is the only one on lhll side al the sueet. Tbcrc is no existing sidewalk. only curb on a dead cad
SUCCI . She asked if they will be required 10 have the sidewalk and the cwt, and guacr installcd along the
entire length of the pn,pcrty. Sbc asked "·ho will decide wbcrc it goes. Di~ EIICrly rcspoodcd that,
in pm10US concrctc districts, the City bas chosen ROI to addJas the issuc of requiring lhll -concrctc
be insaallcd. At this poial. City Council bas the authority to Rquire that new coocrctc be iastal1cd, be
said. and the owner has lhc option of ha,·ing concrete illSlallcd. Council has ROI CXCR:ised its ability to
require this and it is an issue lhll is left for the future and dcveloptRCRI conditions in this area. If we arc
just looking at curb and gutter II Ibis location. he said. and no siclcwalk. the cak:ulatioas arc hued on
square foocagc of the actual existing concrete for maintenance only. The future rcplaccmcnt or initial
consuuction is an issuc at a few locations lhat has ROI been addJascd yet. Mr. Esterly advised . Mayor
Bums said there is no Rquircmcnl at this lime that a sidewalk would have 10 be put in . Ms. Fout asked if
she would be nocified of changes. Ma~or Bums responded affirmatively.
Robcn Proctor. 4705 Soulh Inca S1rcct. said that today 's concrete costs have been given . He asked if the
assessment will increase if lhc cost of concrete n:placcment incrcascs. Mr. Esterly responded that, if the
101:tl cost of concrete replacement goes up. whether it is due 10 the City undcrcslimating the need for
replacement or because actual constlllClion costs go up, the fee would be increased to cover the costs. If
"c lia,·e ovcrcslimalcd lhc future need 10 rcplacc concrete. then the fee might go down . He noled that we
ha, c no experience 10 indicate that that is likely . Council Member Habenicht asked how the ordinance
addresses the need 10 illCfQIC fees. whclhcr ii would be through a public hearing JIIO(lCIS or through
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Ea&lewood City Council
April 7, 1997
Pqel7
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raolution. City Attorney BRIIZlllall lapoaded that Council IClllllly ICIS the fees through raolution and
would haw to come to a public VQloC of tbe Couocil . Director Eslcrly added tbal it would be up to the
Couocil wbethcr they wanled to haw a public bearing. Mr. Praetor recommended tbat the .-icy in the
fund be med completely bd'orc the fee is railed apin. Council Member Wiggins CIIIIIIIICllted tbal we
haw a COIICffle man CMI' llae. Mr. Wagaaer. who says we haw uaderestimaled.
Betty Newton. 3079 Wal Stadlrd A-. said tbal when she bought her boule about 40 yars ago it was
then Littleton. Wbe11 Eapwood tom us ia, she aid. tllere -a apecial deal made tllat the City would
mainllin 11er w. SIie llid the City 1111 maianed the-. '*' llllled if t111t does • cowr the
sidewalb allO. Mayor 8mm said the lbat and the lidC'A'alb a,e dillena. Ml. NewlDa --wby.
1iace it is the City's pa.,ny and she is payiq taxes far lhal. Ma,-a.n. llid lie dlillU she is asking
for the 40 year bisfory of cca:nte dillric:ls. Ml. NcWlllll llid a ....• ID llawe dial apened up apin
to .. wbethcr they, or tbe City. ue 111111 allliblc SIie RpCllell 11111. ... dlcy were takca • of Littleton
and a.wed iDID Englewood. tllere was a special CC'I asiian made for lier lbat. It was_. 40 yean ago,
she said. and people forpt thiDp. In 1982. COIICffle -l'lpllced oa her lbect. she aid. dial she feels
Eaglewnod paid for . After all, she aid. we pay taxes and the City lailes them cvay year. And another
tlling. she aid. this thilla for the water dcpanmenl dlat they llawe hem paying S50 for the ... , or 10
years and we don't know what it is far . SIie llid she can't pt any IClllible answer tium ~-about
wby we ue paying $50 cvay September for Valley Sanilalioll Districl. Couacil Member Habenic:bt
responded dial. serving oa the Water Baud. it is WI)' fiustnuag. While the City aCEnglewood. through
the Bi.Qty WIIIICWllcr TrealllleDt Plant. ICllds OUl all of the ICWel' bills with the_... bills. 111111C of them
come tium diff'erent disuicts. She aid tbal she. penonall)". is aot in the Eaglewond Sewer District. but.
rather, in the South Englewood Sanilalion Diltrict wbic:h is IIMfllOII by a separa1e boud. wbic:h is
dccled. Wben \\"C ~ prublems with our eewer. she said. we cu 't ID to the City of Englewood. Valley
is another distric:t. she advised, and is a completely diff'erem district and we would ICM to haw
jurildictioa CMr how that is done. she aid. but we doa ·1. nc. of III who ue in lhae other districts
haw tried f'rum time to time to opt iDID the City, but our disuicts won't let us. she said. Ms. Ne-Aton aid
she lhillb the City charges an awful lot of taxes and she thillb it is dilplting chat the City does DOI
mainllin the streets. gunen and sidewalks.
Ray Berlin. 2132 East Dar1maulh Awauc. commented chat we baw to realize then: is ao he lancb.
1'llae me a-KCnariol llae. be said. If we 1111)' wilh tbe w wdiw:e, Ille pa.,ny OWIICI' will pay
100% of all conc:me tbat needs replacul&. He llid be is pill ID -dial 011C of Ille Coaci) Mallllen
recopiwl it • an insunllce policy -.. ... is exactly wlill it is. It is S6 a qlllller, wllic:ll lnalls
dowll to -,1le l\\o imvia. a dieap llllllcaiptiua to a mpzir or a lix pack. lllll we will pay w way or
uadler. lie said. If the ordiauce llayl Ille way it ii. --is lllilll ID be a,.. --they ...
$2,000 llill. He said be is for it-.. lie WOllld "'*'°pay S2S a,-. or....._ it is IDUII '° be.
He opilled lhal. C\·en iC ii pes up to $100 it is clleaper tbu Ille exillills onliaalz. He eacourqed
Couacil to look at ii in dial lipt. He ciled • example of .... Iii. dial ....... ID lliDl He said be
owns -~-in DaMr and 111111 to llawe 35 squara oflidewalk PIii ill ... ,-,. The COii -
Sl .50 uquare. lf~ou are I CXllllractor. lie aid. you cu atialtc Ille COIi ofdlal. Verma chis. chis is din
cheap .
John T• said he -a larJC comer lot II 955 West Odord A-. TIie City .....-1y has unlimiled
fulldilll for coacrete rq,ai11 lhat they deem ~-already by Ille form of mrdMiq the homeowner to
pay ror 111e COIi of replacement . He asked w11ere the s11onqe of filllds exists. 11e aid 11e does 11111 • chis
fee. wllidl lie said the City claims is only S25. • a &ax . He said lie -it 1B011: • a form of~
pea Ille filcl that. if you doa 't panicipaae in the propam. pea wllic:II pnipenia are IDi• to be tarpled
for CIIIIICIIIC replacement. the ones that are payina their fees or Ille w tlley a,e IDUll to pt Sl.500 OUl of.
or $2 ,000 or die elderly lady who had to take OUl a loan for $700 . He said he ..,_ widl the enpneer
who aid ii is public prupeny . Why does this priva1e ciuzcn ha\'C to pay ror rq,ain oa a public street. lie
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Englewood City Council
April 7, 1997
Page 18
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asked. He said this is a ridiculous nouon because the City apparently bas money to put an unnecasuy
median down 215 . He said he does not know if the City is paying for that or not but someone is paying
for iL Mayor Bums said the State and Federal governments are paying for that. Mr. Tate said he is sure
the City had something to say about it. Various Council Members said no, it is a State highway . Mr. Tate
said the lady who averaged it out and it came to about $15 .00 per year per household, he said he doesn't
leC bow this money is going to be appropriated to doing the necessary repairs. He said he secs the amount
ofworlt being done decreasing. not inaasing. with this. It just docsn't leCffl logical, he said.
Ken Steff'cn, 480 I South Acoma, said he bas been looking at the numbers and if you divide I SOO by 25 it
is 60 years. He said he thinks the City is starting out with the fee too low and after 10 years there won't
be coougb and either the fees are going to go way up or you are going to haw to opt out of the program.
He said he thinks this could be caUod IOCial ICll:lllity or now we're going to run out of money again. He
opined that there is not caougb in there and the fees are going to baYC to go way ower $25 a year to do all
the WOik .
Council Member Habenicht asked Mr. Kahm to address the normal life of concrete and how this was
based OD that. Mr. Kain responded lllll, M WC put the COIICl'CIC utility together, WC did a complete
i11VC11tory of the CIOIICfflC and dClcnniDod we had $42 million wonh of liability. We looked at what wc
thought was a r-.blc life CxpecWICy of CIIIICletC, he said, adding that. recently, the Rocky Mounlain
News stated that if you pu1 a a,oaetc dmeway in today you could expect a life cxpeaancy of 25 years.
The City used a pn,jected life CxpecWICy of 75 years and divided that into the $42 million and determined
what we needed if CIIIICletC IMled 75 yan. We arc. in fact. applying that mailllCllaDC:e raie to aiacrctc.
much of which is 40 and SO years old, Mr. Kahm advilCd. and acknowlcd,ed that what Mr. Stdfcn said is
possibly correct, that• time goes on. the fee will baYC to be raiad becais wc baYC alrady used a~.
very colllCIValivc life cxpcctancy for this coacretc .
Dave Shavlik, rcprcscnting Immanuel LuthcnD Cbun:h, 3695 South "-Suecl. told Council tllat tbc
church bas three corners which includes 2 pasting loll and tbc propcny that tbc cllun:b resides 1111. He
recalled that there was a comment made lhal there will be a diffamt fee for~. He aaed
whether the chwdl is included in the caaacn:ial and lllow auc:11 tbc difleralz -W be. Duec:lor
Estcrty responded that there are not di&rcrat feel for -aai ad ffSidaltial . Commcn:ial ud
rcsidcntiaJ fees on a per square foot basis are tbc -· Wu we expect. lloMw:r. is tllat tbc IUllbers
that MR included are for typical iaidcalial ,....ues tllat -typlCally ....... lie aid. We cxpec1 the
aNIUIICl'Cial uas more~· to baYC twi to OCCIIPt' a larlC(,... •• .. block. TIie
calculllNIIII gc:I IO be -complic:aled ia ..__ad )W d!lipt-ii,_. ID lie -.e dla the
typical toCal cak:ulllions that •uc slllowa. lie advilDd. llllll Ille Cllll per ..-e _. ii Ille w . Some of
the~ doMlloMI ~'C 10 root wide sidewalks al ......... die Cllll per..-._. ii Ille 111DC.
101DC bulin will baYC a larger total lilllility. Mr . Sllavlik llid Ille dlardl llilll ... Ill faet tbat is 10
fcct wide and he opined that ~ are pn,lllbly lookiJt& II anJlllld $400 a )Gr. c-aJ Mallba' Vormittag
asked if the church would still get 70 pcrc:eal olf OD the COl'llel' lots. Mr . EIICrty lapo,.dad tllat OD Ille
!lCCOlldary frontage the calculauon would be the -. it dcpcndl on bow Ille bllilding ud Ille addlal are
oriented in relation to the propcny. He invilCld Mr. Shavlik to call the City to receive an alimllc CN1 the
liability for the chun:h propcny.
George Noffsinger, 4795 South Chcrollcc Street, said he has li,1111 at this addras for 42 years . The
concrete was in when he mo\'cd then: and one block bas been n:placcd during tllal time . He llatOd thal be
has been in the consuuction business around this area for almost SO ycan and opined that the City bas a
\'Cry reasonable plan here . He acknowledged that the cost of C\'Cl)1hing goes up . The padcrs have done
little damage to his concrete. he said. addill& that if the streets wcrcn ·1 kept clear of_. •-c -W all be
squawking about that. He said he has done WOik with the Colorado hi1hway clcplnmcnt with bigcr
contractors and the City has the samr. spccif1C3lions on the concrete that the state h1gh~'S ~'C .
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tr 11 !1 lifill'frl t}ifl l( lflililf!ili~JI!' tilt !If
!If f Jp ;f l!ilfll, 1' 1· hf IJ 1,hil1·i!~1 11Uti; FJ~i"i !!
s r >II~ i i "a.1 J ~ ~ · • r • •... :·:.a.: . t ·I,' -r in~· r ~f i r "'1 _ 11• I t · If 11 ... ! r ~ 1 ~ 1 'I! 1r ! . 1 I ~It ~'f if! ti!. 1 ,,~:
f ::; ;;·
~· ;;· .g
Ii iiJ ~i[''1'11!' ~Iii{ I iii111 1iiit:11i11 ii Jli ! ~I~ [lf1J !I }wlJ!r l i1 Jf;~~tflif~l,i( ~~f • iii !llt!f!J! !I! I r ~;,,tl1}f1;:l~~I, rt~
t I I l i I I 'I Ii · t: i' If r l(lll-r1r • I a: :~ r j . -~,• !if s-lio.1.~·a i f.li
s 11-. , · a: . · . l If . , , · r a.· . • 11-q 'i I a--;. f ·
I r . l l J 1J : u ~ f. It i ii Jf ! .I fr s JI h ! i I · 1
f ifl ,J~• 11ar i!KI ! st Dgt t!~&i(Jlt 111
I'~ a 1 1 Ir ·rl 11}!: •· l I'' lo.f • ~ ·r · r r ;• & ,, ·, • -·:.1 1 f ~1~,~.1~·•8 l a.
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l.a&lewood City C•ac:11
April 7, 1997 .... ,
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Thcrd'~ wben they put it in it is up to specifications . Under these specific:atioos the initial Slmlgth of
concretc is reached 27 days after it is poured and. be advised. concrete docs not reach its maximum
strength for 27 years, and after that it goes down . He reiterated that this is a good program and be
supponsiL
Pelcr Kent. 3227 South Cherokee Street. complimented the Public Worts Department on the good job
they do for the City . He asked how the areas '11ill be chosen to receive new concrete and wbcther the
program will be accelerated. Mr. Kahm responded that be suspects it will be on an as needed basis,
starting out city-wide in identifying the worst concrete in the City and the priorities would be based on
that. He advised that there is a substantial amount of concn:tc in the City that is substandard right now .
With put liclewalk dislric:ts, he recallod, the directioa to 11118'-to pick the wont locations in the City,
and tbere sbouldn't be anyone able to question whether or not the concrete needed to be done . As a result.
the najority of the concrete included in those programs-concrete that -off grade 21/2 or 3 inches.
That. he said, is the level -we've reached • this time and be leela tbe mndanl of concn:u: that the City
wants is a higher mndanl than that. so we '11ill stan worting from that point towards whatever level tbe
City Council determines that we can afford. Mr. Kent asked if it will depend upon money available. Mr.
Kahln responded affinnalively. Mr. Kent 8lked if bandicap replacemeall and inleu on cornen will cost
more. Mr. Kahm said the City is participating in the propam as an owner and will put a fee in for all of
the returns and all of the concrete IIIIOcialed with stonn IICMr. so that is not an issue. Handicap. actual
returns. are put oftbe program. But. Mr. Kahm swed. tbe iMallarion ofbandic:ap ramps. where they do
not presendy exist, is put of a cWl'crent program and -we are proposing dial -we will continue to fund
handicap ramps in a separate program at a rate of about $150,000 a year.
Janet Spangenberg. 3268 South Downing Street . voiced her suppon for tbe program. She feels it is much
better than what we had previously.
Elwood Joiu-. 4304 South J-Street. said his propeny backs up to tbe dumb ditch that leaks all over
his property and has been Ooodiq. He feels the voluntary DOll1)U1icipeli provision should be junked.
It should be put oo tbe ballot and let tbe homeowners VOie oo it and either you pl it or you don't set it. If
you want a substitulC for tbe coacrete program. be a,g r ~ you can IO to a plan similar to Litdetoo ·s
where tbe homeowner pays half and tbe City pays half. and it works.
Suzanne Riley. 4111 South Oalapqo Street. asked what is considered a City sidewalk.. or is tbere such a
thing anymore . Mr . Eltcrly responded that. if she is talkilt& lbout tbe rapmibility of the City for
maintenance.. examples would be tbe parks around town, the liclewalk anJUDd the City Hall building. the
Safety SelVices building. fire llalions. tbe Englewood Rclcrealioo Center. Thole would all be prapenies
that are owned. opentOd and miMained by the City . TIie City, as propeny owaer. is 11111 omillk for tbe
concrete in frool of tllOle prapenies. Ms . Ri~ asked about --..aidelltial roads. Sbe said she lives off
ofOdorcl ud •-told dill Omd is DO longer a raidenlial road . Mr. Eacrly said tbere is no
dilfcrentiarion ~ iesidcmial. --,esidenlial. colleclor, or anaial. TIie fee is baed Clltirely on
whether or not tbere is cumimy CIDIICR:le in front olyour propeny and llas notbill& to do with tbe road
aJIIIIJUCUOII .
IClert 's note : Lct1er1 -.ere......._ from the following citizens repnlilla the CODCretC Ulility : V.S .
(Ste\-e) su,yy-. 2900 Soutll ClanlOe Sueet : Mary I. Pol-. 3955 Souch Gran1 Sueet: 8emice Slasuk.
2908 South Sherman Streel : Conrad R. and Ethel M. Stroh: A Conccmcd Citizen : and Jack Karford. 4SO
West Jeff'e,-i A-.1
There beina DO l'urther quab08I Md. a dim ,.. DO OIIC elae prmlll IO apeak to the iaue. Mayor Bums
asked for a aoticlll to dole Ille ,-lie lieanq
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Englewood City Council
April 7, 1997
Paceio
COUNCU. MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO CLOSE THE PUBLIC
BEARING TO GA TBER CITIZEN INPUT ON THE PROPOSED CONCRETE UTILITY.
Ayes : Council Members Vormittag. Wiggins, Habenicht. Waggoner, Clapp,
Bums
Nays : None
Motion carried and the public bearing closed.
10 . C-cAaaa
COUNCU. MEMBER WIGGINS REMOVED AGENDA ITEM 10 (a) (Is) FROM THE CONSENT
AGENDA.
COUNCU. MEMBER WAGGONER REMOVED AGENDA ITEM 10 (a) (v) FROM TIU
CONSENT AGENDA.
COUNCU. MEMBER CLAPP UMOVED AGENDA ITEM 10 (a) (Ill) ud (Iv) FROM THE
CONSENT AGENDA.
COUNCU. MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEMS 10 (a) (I), (II), (vi), (vii), (viii) ud (ll) ON nRST READING.
(a) Appl"O\'C on First Reading
(i) RESOLtmON NO. 42, SERIES OF 1997
A RESOLtmON FOR A SUPPLEMENT AL APPROPRIATION OF 1llE 1996 BUDGET FOR 1llE
CITY OF ENGLEWOOD, COLORADO.
(ii) COUNCIL BILL NO . 29. IN11l0DUCED BY COUNCIL MEMBER
WIGGINS
A BILL FOR AN ORDINANCE ENACTING A NEW nn.E 5, CHAPTER 24 . OF 1llE ENGLEWOOD
MUNICIPAL CODE 198S ENnn.ED TATTOO ESTABLISHMENTS AND AMENDING Tl1l..E 7,
CHAPmR 6E. SECTIONS.
(vi) COUNCIL BILL NO. 27, IN11lODUCED BY COUNCIL MEMBER
WIGGINS
A BILL FOR AN ORDINANCE APPROVING SUPPLEMENT' NO . 130 TO 11fE SOU'IHGATE
SANITATION DISTIUCT CONNECTOR 'S AGREEMENT W11111llE CITY OF ENGLEWOOD ,
COLORADO FOR 11fE INCLUSION OF LAND Wll1flN 1llE DISTIUCT BOUNDARIES .
(vii) PURCHASE OF A -'·WHEEL DRIVE VEHICLE ON STATE BID IN 1llE
AMOUNT OF S24.950 .80 FOR 1llE BENEFICIAL USE FARM .
(viii) RESOLtmON NO . -43, SERIES OF 1997
A RESOLtmON AWARDING A NEGOTIATED CONTRACT FOR ENGLEWOOD'S 1997
MICROSURF ACING PROGRAM INSTEAD OF 11fE COMPETlllVE BID PROCESS UNDER
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E11&1ewood City Council
April 7, 1997
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SECTION 116 (b) OF 1llE HOME RULE CHAR'lll AND SECTION 4-1-3 OF lHE ENGLEWOOD
MUNICIPAL CODE 198S .
(x) CONTRACT Wl11f LA YNE-WES'IBN COMPANY IN lHE AMOUNT OF
$42,384.00, FOR AN IRRIGATION CON'mOL SYS'JEM FOR 1llE GOLF COURSE .
Mocioa carried.
Ayes : Council Members Vonniuag. Wiggins, Habenicht, Waggoner. Clapp,
Bums
Nays : None
(iii) DiRICIOr Gl)'llewic:z pnlCllled I recommeadatioa from tbc Deputmelll ol
Financial Services to adopt I bill for ID onlilllllCle craling a new cbapler in tbc Englewood Municipal
Code emblisbing a lic:enle for Secondhand Dealen. Mr. Gryglewicz told Council that. if Ibis bill is
appl'CMd, it will establish I licenle for Secondhand Dealers in the City of Englewood. This WIS discussed
with Council at Study Session OD Mudl 3, 1997, be advised.
Council Member Clapp exprcllCd concern that Ibis might c:ause undue burden OD 10111C oltbc Sffl!Ddband
dealers such as thrift stores. She lllked if tbc record keeping for Sffl!Ddband property. such IS cameras.
televisions and mowboards, is that similar IO tbc reconl keeping II a pawnshop .
Mr . Gryglewicz responded that Purchasers ol Valuable Articles haw tbc 11111e requircmenls. If these an:
non-profit thrift stores. be said. they are specifically exempt from this licenle. The inlcnt ol this license: is
to look for people who an: selling lCCOlldband items. not gi\ing them to a thrift shop or a Goodwill .
Asking for clarification, Ms. Clapp said that, ewn though they an: selling the items. that is different
because they an: being donated . She asked if selling for a profit makes a difl"erenoe. Mr. GryglC\\'icz said
that a for-profit secondhand stOR would be required to record who they got their items from under this
ordinance .
City Attorney Brotzman added that, currady, secondhand stores under the Slate provisions an: rapaired
to keep these rccords . This. be said. aadinala our record keeping with the Slate requirements. The
only addition is the fee, the record keeping is DIil an additional burden. be said. and they lbould alrady be
doing it. There an: some. be said. that don't cunendy do that. and tbal ha been oac ol tbc problems.
That is why you are seeing this ordinance. FilllllCle Wllllcd 10 coorclinale these two i-. IS did the
police department. The realOD --.,rafill are exanpl. be advised. is becaUle when you an: making a
donation. tbere probably isn 't a theft~.
Council Member Clapp said she is conc:erncd about the small mom and pop stOR lllll migbl buy a Ulcd
set of skis and put them in their shop. Mr. Brotznwt said the problem with dollar Ima is 1h11 tbc new
area oltbeft Nems to be c:omputcr pmes and CD's. which is addreaed by this bill by pn,bibiting certain
sales by minors and 10 minors. IS well IS the record keeping so they can trace the ilCllll to sec wbeR they
an: coming from.
COUNCIL BILL NO . 31 , INTilODUCED BY COUNCIL MEMBER WIGGINS
A BILL FOR AN ORDINANCE AMENDING TITLES. CHAPTER 12. SECTION 6, ENGLEWOOD
MUNICIPAL CODE 198S. BY REPEALING SECTION 6 AND REENACTING A NEW CHAPTER 2S.
OF TITLES. THE ENGLEWOOD MUNICIPAL CODE 198S ENTITLED SECONDHAND DEALERS .
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En&Sewood City Couacil
April 7, 1997
Paie 22
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COUNCIL MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA
ITEM 10 (a) (W) -COUNCIL BILL NO. JI.
Motion carried.
Ayes : Council Members Vormiuag. Wiggins, Habenicht. Waggoner, Clapp,
Bums
Nays : None
(iv) Din:ctor Fonda presented a l'CICOIIIIIICllon from the Utilities Department to
adopt a raolution appn,Ying the Waler Coaacrwlioa Maller Plan. Mr. Fonda staled lhal Ibis -
recommcaded to the Council by the WIier and Sewer Board and is a conservation plan that. under Slate
law. we an: n,quired 10 provide . He said be believes all of the R1quircmcnts have been met and it will pass
review by the Scale. The water coamvation plan is Rlquired in order for the City to apply for any State
grants or loaas. The peaagc of lhil, be llicl, becomes a critical issue in getting new loans from the Water
ConlervalioD Board. for which wc will be applying in April . The plan sets up a number of conservation
issues. be advised, although the language is such that ii is jUSl a plan. an intention and is DOI yet a
requiJaDCDl yet. Although, be llicl, be felt tbal by the year 2010 or 2009 the conversion 10 Olden will
become a rcquiranenl wllctbcr WC ... Ibis or DOI.
Council Member Habclliclat asked. for the ra:onl. if the Wru:r and Sewer Board held a public hearing on
Ibis . Mr. Fonda respoaded lffll'lllllively. addiag dial it -published in the papers. Also raponding 10
Ms. Habcaicbt. Mr. Fonda said lhllt no one apolle apinll it • the public hearing.
Council Member Clapp asked iflbcrc would be a filllllCial impac:l to the City of Englewood. Mr. Fonda
said it coulcl. as wc implement it. but thole arc fairly minor things . The major financial impact is if we
got a low inla'eSl loan for the ,.atcr plant. He said the loan would be pretty equivalent to the GO issue we
WCR talking about. Wbca Ibis pallCS. be said, be will put in for the loan within the next couple of weeks,
and WC will probably ~ before July .
Council Member Wagoner asked iflhis is the entire written document. Mr. Fonda responded
affirmalively .
RESOLlJTION NO. 44. SERIES OF 1997
A RESOLlJTION APPROVING 1llE WATER CONSERVATION MASTER PLAN FOR 1llE CITY OF
ENGLEWOOD. COLORADO .
COUNCIL MDaltR WIGGINS MOVED, AND IT WAS SltCONDED, TO Al'PllOVlt AGENDA
ITEM •• (a) (iv) -USOLUTION NO. "· Sltllllt5 or 19'7.
Motion carried.
Ayes : Council Mcmbcn Vonaittag. Wiggins. Habcaicbt. Wagoner. Clapp,
Bunas
Nays : None
(v) Director Fonda pracnted a rccommcndation from the Utilities Dcputmcnt 10
adopt a bill for an ordinance approving an cucmcnt with the Colorado Waier COIIICIVllion Board for
improvements along the South Platte River Channclil.llioa Project. Mr. Fonda explained that Ibis is
something wc have bccn lf'.\i ng to gel for several years . They will gr.mt us an casement along the South
Platte River within their boundaries to run a water line from approximately Oxford and the Plane River
south 10 the Union Avenue pump station . He said wc designed the golf counc briqe • Iona lime ago to
acx:ommodalc such I water line . It will allow US 10 like waler from 8c:ir Creek and tbcn NII ii OYCI' 10 the
Union Avenue pump llltion and pump it up into the Allen Plant. be achiscd. or wc can pump ii into 1bc
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En&iewood City Couac:il
April 7, 1997
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City Ditch and do an exchange back to McLcllan Reservoir for storage. Since we bad supplied several
tapS to the Ten Thousand Trees Project. they waived seckillg fair market value. which would probably
have been in the range of about S90,000, so wc were very happy with that acgatialion. be said, since they
arc giving it to us for about S2.000, which is what they figure they spent on attorney fees for the State
anomey .
Council Member Waggoner said be bas no problem with the casement with the Colorado Water
Consemllion Board and does not have a problem with the special permit for the water taps. which Exhibit
B says arc for the sole purpose of irripting trees planted by the Ten Thousand Trees Project. and in the
body of the camncnt they refer to the special permit and the requirements therein. He said be bas no
problem with lhal. but does have I problem with page one of five of the casement itself, under the
witncueL wbcrc it llal1I oua '"NV WIier tapl for the purpCIIC ol irripling trccs plaDlcd by the Ten
Thousand Trees Project". b then ays. which be iDdicated is wbal be objects to, ~or for another irrigation
use dcsipalcd by South Subwllan."
Mayor Bums aid South Subwllan is DOI I party to lllis. Mr. Fonda aid they will manage the trees
project. Tbcrc isn't alCll they oould mc it for . be said. die line goes along the trees. If they put in some
grass or somcdling. Mr. Foada aid be does DOI think we would abject.
Mr. Waggoner aid be would like to take out the pbralc ~or for another irriplion use as designated by
South Suburban." Mr. Foada aid be does not think wc c:an. a this -their boltom line. Mr. Waggoner
said that means they could use it anywbcrc, any place . Mr. Fonda dilagrecd. saying he fccls it is at tbcsc
taps. ~· arc 111 specific localion .
Clarifying for Mayor Bums. Mr. Fonda said they arc physically at I cenain loc:alion and the lines arc
al~· in running .along the Plaltc River where the trees go. Mr. Foada added that. in his view, they arc
not IJ'IDSferablc and they can only irrigate the stuff that is along the grecnway .
Council Member Habcaic:hl asked for I lcpl opinion on that. City Attorney Brotzman said be does not
know if she needs one. He said be can offer languaac to add or we can llrike language. but if Mr. Fonda
is Sll)ing this is I boaom line issue and they arc not going to add or sublnct language on the otbcr side,
then Council will have to deal with wllal is tbcrc . Mr. Brotzman noted it could be made more clear. but if
~· arc not going to accept it, bow imporllnt is it to us.
Mr. Fonda said there have beell I Mllllbcr ol languaac tbinp where wc have bad to compromise quite a
bit and the problcm ii they doe·, ~ ,nm to live • this-. Tllis ii oac 11111 ta • yean
to get to this point . He lllltlll he did DOI think tbcrc ii lud dlerc tbat they could rcall~· iniplC I whole lo(
\\ith. because it is very bmited i• wllae dial line 11JCS.
Council !'.lcmbcr Clapp asked. if it is DOI real imponant and it is limited. then why do~· \\ant it? Mr .
Fonda said '"because wc asked." He said be docs not know if dlcy know why they want iL ~· may want
to plant grass or some other shna 111d DOI just be limited to Ina. but he does DOI bclic\-c the 11p1 a,e
IIIO\·cable He commented that be jull thought they oould plul other veplllion along w bcrc it already is.
Mr. Waggoner said the only listing when: the 11p1 arc listed is in the special pcnnil for the w'IICr 11p1. DOI
in the C35Cmcnt iuclf. Mr. Fonda added that 1ha1 bcalmcs void ifwc eve, lose the easement "-c would
then get the water lapS back . Bui. be noted. this 1s for Ten TIIOU5and Trees.
Council !\.!ember Waggoner said they specifically refer to the Exhibit B special permit for water lapl. He
asked. if they use it for axnctbin& that wc abjccl 10. can wc force the illuc ol 1he special pcnnit . Mr.
Brotzman responded affirma&ivcly .
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E•&leweod Oty Couacll
April 7, 1'97
Paae:U
Council Member Habenicht asked if there is any way that this can be COIISlnled to be a way to tap into
Englewood water for the clevelopmcnt of, for insaance. the miniature pf aiune al South SubwtJan . Mr.
Fonda said no. we wouldn 't go along with that, that this is at that loc:alion. for those taps and the taps arc
already in existence and they are serving the Ten Thousand Trees Project only . South Suburban is in it
because they arc adminiSlcring the Ten Thousand Trees Project. but that is all it can really be used for .
Council Member Waggoner questioned if they tried to IIIOYC the taps if we could also press issue with the
location. City Attorney Brotzman said that is correct. Director Fonda responded that we would not allow
the taps to be moved. it just isn't somcdling that bu been granted.
Ms. Habenicht asked that these questions and answers be rcflccted in the minutes so Council can refer
back to why they voted for it
Council Member Wiggins COIIUIICDtcd that we would be sbooling ouncl\'Cli in the foot by not acccpcing it.
because we are going to bring water from Bear Creek O\'CI' bcn:.
Council Member Waggoner agreed that it is a good idea. but just qucslioncd the put wbcrc they cbanpd
the rules oa us . He said anytime IIOlllebody changes the rules he wonders about it.
COUNCIL Bll.L NO . 28, mntODUCED BY COUNCll. MEMBER WAGGONER
A Bll.L POR AN ORDINANCE AuntORIZING AN INTERGOVERNMENTAL AGREEMENT FOR
AN EASEMENT FOR IMPROVEMENTS ALONG 1lfE SOUTH PLATI'E RIVER
CHANNELIZATION PROJECT BETWEEN 11IE COLORADO WATER CONSERVATION BOARD
OF 1lfE ST A TE OF COLORADO AND 1lfE CITY OF ENGLEWOOD, COLORADO.
COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 10 (a) (v) • COUNCIL BILL NO. 21.
Motion carried.
Ayes : Council Members Vormittag, Wiggins, Habenicht. Waggoner. Clapp,
Bums
Nays : None
(ix) Director Black rapoildcd to Council Member Wiggins c:onccming the
awanting o( a contract to Alpine Pool and Plasler in the -.it o( Sll,840.00 for resurfacing and Olher
repairs• Sinclair Pool . Council Member Wiai• llkcd why we sbould ilMll in the repair of this pool if
we will prabebly. ,.;,bin I )'CU, be building anodler pool• tbis odier locllion . He asked why we sbould
spend the mo~· rather than put a IClllpOfU)' palCb oa it. Mr. Black said bis guess is it will be II least
three ycan or so before the new pool is complclcd.
COUNCIL MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA
ITIM It (a) (Is) • A CONTRACT WITH Al.PINI POOL AND PLASTER IN THE AMOUNT OF
W,l40.t0, FOR RESURFACING AND OTRIR REPAlltS AT SINCLAIR POOL
Motion carried.
A~cs : Cot 1ci l Members Vormittag. Wigins, Habenicht. Waggoner. Clapp,
Burns
Nays: None
COUNCIL MEMBER WIGGINS MOVED , AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEMS IO (II) (I), (Ii), (Iii), (Iv) aN MON SECOND READING.
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E•deweod City Council
April,. 1997 •••25
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(b) Approve on Second Reading
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(i) ORDINANCE NO. 21, SERIES OF 1997 (COUNCll. BILL NO . 19,
INTRODUCED BY COUNCll. MEMBER VORMJTT AG)
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AN ORDINANCE REGARDING C-170 McLEU.AN INTERCHANGE AUllfORIZING NEW DEEDS
FOR nus PROJECT WHICH REFLECT THE FINAL DESIGN CHANGES .
(ii) ORDINANCE NO . 22, SERIES OF 1997 (COUNCll. BILL NO. 20,
INTRODUCED BY COUNCll. MEMBER WIGGINS)
AN ORDINANCE AMENDING Tl1l.E 5, BY ENACTING A NEW CHAPreR 20, OF 11IE
ENGLEWOOD MUNICIPAL CODE 1915. ENl11l.ED SPECIAL EVENTS .
(iii) ORDINANCE NO. 23, SERIES OF 1997 (COUNCll. BILL NO. 21,
INTRODUCED BY COUNCll. MEMBER WIGGINS)
AN ORDINANCE REPEALING Tl1l.E 5, CHAP'IBl 6, OF THE ENGLEWOOD MUNICIPAL CODE
1915, AND ENACTING A NEW Tl1l.E 5. CHAP'IBl 6, ENl11l.ED ADULT ENTERTAINMENT
ESTABLISHMENTS WHICH UPDATES. CLARIFIES AND BRINGS 11IE LICENSING
REQUIREMENTS FOR ADULT ENTERTAINMENT ESTABLISHMENTS INTO COMPLlANCE
Wl11I RECENT CASE LAW AND WfllOI REMOVES ADULT ENTERTAINMENT
ESTABLISHMENTS FROM ORDINANCE NO . 25, SERIES OF 1996 WHICH PERTAINS 1011IE
MORATORIUM OF LICENSES IN THE CITY OF ENGLEWOOD, COLORADO.
(iv) ORDINANCE NO . 24, SERIES OF 1997 (COUNCIL BILL NO . 22.
INTRODUCED BY COUNCll. MEMBER WIGGINS)
AN ORDINANCE AMENDING Tl1l.E 5, BY ENACTING A NEW CHAPTER 23. EN1111.ED
PUROIASER OF VALUABLE ARTICLES AND AMENDING 1Tl1..E 7. CHAPTER 6E, SECTION 4.
BY 11IE ENACTMENT OF A NEW PARAGRAPH E. OF THE ENGLEWOOD MUNICIPAL COOE
1915 .
(v) ORDINANCE NO. 25. SERIES OF 1997 (COUNCIL Bll.L NO . 25.
INTRODUCED BY COUNCll. MEMBER WIGGINS)
AN ORDINANCE AU11IORIZING AN INTERGOVERNMENTAL AGREEMENT PERTAINING 10
THE ENTERPRISE ZONE MARKETING CONTitACT. BETWEEN 11IE COLORADO
DEPAR1MENT OF LOCAL AFFAIRS. ECONOMIC DEVELOPMENT COMMISSION ('"E .D.C .~)
AND THE CITY OF ENGLEWOOD .
Motion carried.
(a)
Ayes: Council Mcmbcn Vmmi11q. Wigim. Habcnicbt. W...-,. Clapp,
Bums
Nays : None
Appnwe on Fini Readina
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April 7, 1997
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(i) Dirmor Grygtewicz presented a rm,mmencla&ioD from the Department of
Financial Services 10 adopt a Rlllllution establishing fees for Special EYCDU licenles. He lold Council
that. under Cbapler I of Title S, Council is required IO let the fee by..,..._ for the Special EWIIII
licenses wbidl they jull appnMd oo second reading. Being a new 1icaK. he said, Ibis fee is initially let
at $25.00 for the 1iccnle and $10.00 IO cover admillisttative COIIS .
The resolu&ioo -aaiped • number and read by title:
RESOLUTION NO. 4S. SERIES OF 1997
A RESOLUTION ESTABUSHINO FEES FOR SPECIAL EVENTS LICENSES UNDER Tl1LE S,
OIAPTER 20, OFTIIE ENGLEWOOD MUNICIPAL CODE 1985 .
COUNCD. MEDER VORMJTTAG MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 11 (a) (i) • RI.SOLIJ110N NO. 45, SI.IUI.S OF 1"7.
Ayes : _ c.ou.cil Members Vormiaag. Wiggins. Habenicbt. Waggoner, Clapp,
Burm
Nays: None
Motion carried.
(ii) Dira:IOI' Grypcwicz prescnled • rm,mmencla&ioD from the Depanmeat of
Financial Services lo adopt a resolutiOD esublishing fees for Pure~ of Valuable Anicles liccDlcs. Mr.
Gryglewicz said lhis license allO requira the fees be let by resolution . Al Ibis time, ii is being SCI at
S2SO .OO for the liccnle, $10.00 for the application fee and SS0 .00 for the background check.
Mayor Bwm asked if Ibis is a bip fee because more processing is required. Mr. Gryglewicz said there is
more Cily staff inwl\'CIDClll.
The raolutioo was aaiped a number and read ~-title :
RESOLUTION NO . 46, SERIES OF 1997
A RESOLUTION ESTABLISHINO FEES FOR PURCHASER OF VALUABLE ARTICLES LICENSES
UNDER 1111.E 5, CHAP1B 23. OF 1HE ENGLEWOOD MUNICIPAL CODE 1915.
COUNCD. MI.M81.R VORMl1TAG MOVED, AND IT WAS SECONDI.D, TO APPROVE
AGENDA ITEM 11 (a) (ii) • Ill.SOLUTION NO. 46. SEall.S OF 1"7.
Ayes : c.ou.cil Members V«milta&, WiaiM. Hahcllichl. Waaone,. Clapp.
Bums
Nays : None
Molion canied.
(iii) Direclor Grypewicz prescnled I fflCOlllmendalioD from the Depanmeat of
Financial Services IO adopt I raolutioo esublishing fees ror Adult EDICllaiamcnl licenses. Mr .
Gryglewicz lold Council !hat lhis resolution se111he annual and initial fees for Adull Enleltllinmall
licenses at $2.000 .00 and the applicalion fee al SI ll 00 .
Council Member Vormiuag asked what -charged previously . Mr. Grypewicz said 1lus is in liae willl
wha1 -Cllablishcd prior, allhou&h we do noc ha,·c any licensees 11 1hi11ime .
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Ea&lewood City Council
April 7, 1997
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The resolution was assigned a number and read by title :
RESOLtrnON NO . 47, SERIES OF 1997
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A RESOLtrnON ESTABLISHING FEES FOR ADULT ENTERTAINMENT ESTABLISHMENTS
LICENSES UNDER TITLE 5, CHAPTER 6, OF 1lfE ENGLEWOOD MUNICIPAL CODE 1985.
COUNCll. MEMBER VORMITIAG MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 11 (a) (Iii)· RESOLUTION NO. 47, SERIES OF 1997.
Council Member Habenicht commenled that she really hates the name Adult EDICrtainmenl. She said she
would like to call ii more like what ii is and she said she knows they have discuucd ii in Study Sasioo.
She said she would just like to stale for the record that she thinks it should be called something else.
Motion carried.
Ayes: Council Members Vonniuag. Wiggins, Habenicht. Waggoner, Clapp,
Bums
Nays : None
(b) Approve on Second Reading
There were no additional items submitted for approval on second reading. (See Agenda Item 10 (b)-
Consent Agenda.)
12 . Gaieral D11t11llicNI
(a) Mayor's Choice
I . Mayor Bums reminded everyone that we have a facilitation belMcn the Council and the City
Maaa,er oa Salurday II Swedish Hospital . He urged C\'Cl)'OIIC 10 come. opining that it should be an
excellent Rllioa.
Council Member Habenicht asked if the City Attorney is included . Mayor Bums responded affinnatively .
2. Mayor Bums ach'ised that he lllendcd a IIICICling initial!}· c:alled Transit 97. which is a puup of
all maaaer of business people and inlen:lled gruups and environmental poaple MIO are supponiq tbe
ia8 thal dlcy bope 10 have on the ballot . This includes tbe increase ia tbe R11> ales tax from .6 to one
CClll. and the llltCWidc \'Ole on the pillline tax . There -I tarae coalition of poaple MIO 111d clown II
the Demer Chamber office "·ho are orpniziaa 10 back tllae -.res of vital illlClat in~
be said. Al this meeting and II the mayors ' cauculCS ud DRCOG I~· are uyiJll 1997 is the ya, for
llalllpOr1aUOII plallning and funding for the DaMr melro area and statewide . They are going to be
IIICICling -ably. he said. and they have various task forta that are being formed and liand raisers in
order 10 champion this cause . Mayor Bums said he will be going from time to time to panicipaae in that
3. Mayor Bums said DRCOG called becaUle they have a spring retreat. which they pay for if you
auend. in Colorado Springs on April 18 and 19. lrwe end up ha,ing our visioning mccting with the
citizens. he said , he will noc be :Ible 10 go 10 that . He is. howe\-cr. tentatively signed up 10 go .
4. Mayor Bums said he auendcd a session last lllunday :11 the Malley CCIIICr about Dean Askcw 's
SUcet Beal on gangs and gang activity that was very inacn:sting . He said lbere wen: aboul ,&O or 50 poaple
there . lllrough a mix up. he said. the Englewood police offlccn "ho "°"' in that area were IIOl lhere .
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Ea&tewood City COIIDCII
April 7, 1997
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He said they were warned at the talion that the SUIDlllCf of 1997 may be a rally tough year with gangs
and IUgested that we all be vigilant about that and keep uack of uy pag activity that we find in
Englewood.
(b) Council Member's Choice
(i) Council Member Clapp:
I. Sbc followed up on a request tbal sbc made on March 17* on the no-parting uvund the schools.
Sbc said she llill bas not goacn a bullet poiat ICltcr to send to Mr. Bennett explaining wbal she
Ulldcrmnds is mostly a pelitioaing process.
2 . Sbc llkcd for darificalion from Mr. Stanley regarding bis memo ofMan:b 17*. It said it went to
Ill of Safety Sen ices. Mr. Stanley said it went only to the four clivisioa c:bie&.
3. Sbc llkcd wbal the amount is that we currently ba\le out on loan for cioacn:tc ,.us. Sbc said
sbc would be aarious to~ what is outstanding. Ma)·or Bums llkal if she means Ill of the citiuns.
Sbc responded that. ya, sbc would like the dollar amount .
Mr. EIICrty iaponded that it would take a while to c:alculatc that and it will .. to be very complic:aled.
He said we am answer the question about bow much is out on loan, bul a key elcmenl tbal goes along
with that is 10111C people bad the wort clone aa the same time and they paid a budled perceaa. Also. some
people did the ,,..Olk tbcmlehel and didn't 111e the Cit)"'s money and would have occ:umd at the -
time. But, be repca&cd. wc am answer the question about bow much is out on loan.
Ms. Clapp aid she is curious about bow much is out on loan and bow much of tbal would be senior
cilil.ms on a fixed income. Mr. Esterly aid wc do not ba\le that infonnation. He said there is a program
for seniors or others who have difficulty payin& whereby they am clcfcr that until the property cbaqes
bands.
Ms. Clapp llkcd if the lady here this C\"Clling. who said she wouldjull likc it to go away. could actually
clcfcr it Mr.~-said ya. ~ng bcr finucial situationjullifiel tllat.
Mr. Gryglewicz said the -who addraaed council bas aheady deferred her loan.
CouaciJ Member Waggoner opiaed that wbll mme of the people doa 't llDdenaaad is that we ba\-e bad an
onliMDcc on the books ilr 1 11111& time that obliptel them to be ralpOlllible for their sidewalks.
(ii) Council Member Waggoner:
I . He recalled that. II the lat Study Session. Council clilcussed a leacr of intent to the MUICIIID of
Outdoor Arts and wondered if anything is in the works for that.
City Aaomcy Brotm1111 aid be belicYcs there is I mcetin1 tbal wu to take place bclweea City Maalpl'
Clark and their manager prior to that letter being formulated . He said he will cbeck when Mr. Clark
returns .
2. He said there wu I leller in Council's packe1 from Sandy Ostema addraaed to Council in wbic:b
she had sewral questions . Quoting I question in the letter . be read MWho among you in your capacity•
leaden of the Ci~· of En&lewOOd are reprcscntin& Distritl I?" He said the answer to that question is tbat
all of the at-large Council Members are represcntin& Distritl I and if she hu any questions she can c:all
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Enpewood City Council
April 7, 1997
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any of the three. The other three questions in the ldtcr should have been addressed 10 the City Manager,
be opined. became thole are management queslions that are 11111 controlled by Council.
(iii) Council Member Habenic:bt :
I. She told Council wbal a pleasure it was 10 attend the party honoring Christina Blomberg. She
reminded Council that a proclamation in honor of Ms. Blomberg on the occasion or her ninety-ninth
binhday was passed by Council in March. She said that Council Member Vormiuag also alleDdcd and
there was a lot of press --,c. She said Ms . Blomberg is a wonderful woman who does a lot and gives
a lot. Council Member Habenicht lhanked IMl)'Olle who WOlts with the victims' assistance people and
said Ms. Blomberg is one of the 111111)' people who wort with them. She said it was a real pleasure and a
real honor.
Council Member Vormittag commented on how f'alt Ms. Blomberg does things. He said she can create a
blanket a day . Ms. Habenicht added that Ms. Blomberg does excellent work, having made uniforms for a
living.
2 . She said she thinks the aJIIICllt agenda is confusing and asked that the way of doing it be ~-
She said it says approve on first reading and some of these things only ~uirc one reading. She asked
that it be clarified OD the agenda.
l . She said that thanks to Council Member Vormiuag, she attended a meeting today about a
possible c:clcbration around the demolition or Cindcn:lla City for people to go in and say some son of
goodbye. The meeting was primarily with the Chamber and other interested people who are looking at
providing people with an opponunity 10 have one last look inside the mall . She told Mr . Vormittag he
was welcome to come 10 the ne:1.1 meeting with her.
4 . She mentioned that the Parade Association is meeting this week and added that she would be
happy 10 represent Council again in that capacity. This year should be easier became most of the funding
is in place.
Council Member Vormiuag asked if there is a chance of gelling Amy Van Dykcn again this year. Ms .
Habenicht said she was asked and said if she could she would. She said Ms. Van Dyken is a remarkably
gracious young woman .
(iv) Council Member Vorminag said he thought Council did a really good job
tonight in the bearing by asking qur:stions and saving a lot of time by answering people's queslions. He
thanked Director Esterly and Mr. KahJn for a good job.
13 . City M•qer'1 Repo,1
Mayor Bums thanked Aeling Assistanl City Manager Slanley for substituting for City Manager Clark and
for all the phone calls the Ma~or bas made 10 him this week going O\·er the agenda and answerina
queslions. He said be very much appreciates Mr. Stanley taking up the slack this week while City
Manager Clark is out or tO\\n .
(a) Acting Assistant City Manager Stanley noted the Cinde11:lla City Status Repon was
included in Council's packet.
14 . City Attoniey'• Repon •·
Ea&tewootl City C...U
April 7, 1997
PaplO
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(1) City Attorney BnllZIIIIII nx:ommcnded Council approw a llllllioo for lhe llllhority to
lip the letter m suppon for the propolCld changes 10 the Environmenlal PnlleclioD Agenc)· Record m
Decision. He said Ibis sbould fflllucc our exposure on the cap on our Lowry IClllc:maM 111d added daat it
is somewbal required under our lellleaeal apeemall Iba we baw widl DellYer and Ww MINI .....
COUNCll. MEQD WIGGINS MOVED, AND IT WAS SECONDED, 10 UCOMMEND TIU
CITY A'JTOIINEY 10 Al'PaOVE TIU LITnll AND AUTBOIUD TIO CITY AnGllNEY
TO SIGN THE irrna OF sunon JOR TIU PROPOSED CHANGES TO THE
ENVIRONMENTAL PROnCTION AGENCY a&CORD OF D&mlON.
Ayes: c.o-:il Mcmben Vormia:q. Wigim. Habcaiclll. WlgDIICI', Clapp,
Burm
Nays: None
15. M...,_.
MAYOR IURNS MOYD TO ADJOURN . Tbc _.....,..... 10:1 p.a.
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CITY OF ENGLEWOOD
APRIL 7, 1117
AGENDA ITEM NO. 9 a
PUBLIC HEARING BEFORE THE ENGLEWOOD CITY COUNCIL
PLEASE PRINT
NAME ADDRESS
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NAME ADDRESS
7
A ~. lf: ~. 12-9 r --2,lb-r: II~< .sJf
CL ~oJ::-0\.z «> .> -Om, ::19 u} s ,C?? \ 4 fc::.ss:z
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PUBLIC COMMENT ROSTER
AGENDA ITEll 7
.... eGIIIDUUED Vl8ITGll8
DATE: APRIL 7, 1117
NON-8CHEDULED VISITORS MAY SPEAK FOR A IIIAXIIIUM OF FIVE
MINUTES. EACH PERSON SHOULD IIGN THIS PUBLIC COMMENT
ROSTER, STATING NAME, ADDRESS, AND TOPIC OF COIIIIENT.
JHOIE PEftlONI WHO WISH TO REM It fAYQR Of PB It QPP08IJION
TO 6 PIB,IC HEARING TQPIC. IIHOULQ _,. JIE Affl IC!N 1'1&,1C
HEftRIICi ROI• I&
"'' TOPIC
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AGENDA FOR THE
REGULAR MEETING OF
, .
THE ENGLEWOOD CITY COUNCIL
MONDAY, APRIL 7, 1997
7:30P.M.
1. Call to order. '7'lj{) fW
2. Invocation. I))~
3. Pledge of Allegiance. ~
4. Roll Call. fl~ wJ-
5.
6.
7.
8.
Minutes.
,. M;"""' from lhe Regol" City Council Meet;~g of Maoch 17, 1 .. 7. ()~
Scheduled Visitors . (Please limit your presentation to ten minutes.) g
Non-Sch~ul~ _Yisit.£,rs, (Pl~ li_mityour presentation to five minutes.)
4· ~CJ~-~<{,)._
Communications, Proclamations, and Appointments.
~IP-o a.
a,;d~-o b.
d.ff tl~-o C.
Proclamation declaring April, 1997 as Fair HOUlins Month. ~
Proclamation declaring April 18, 1997 as Arbor Day. ~~
Proclamation declaring the week of April 13 • 19, 1997 as National LibraryWeell.~
O,rd~-o d .
{ff!/ (;-O e.
~!Wf/to
:a:.:..7J~g the week of April 13 · 19, 1997 as Crime Victims' Rights
Proclamation declaring the i'ft ';f April 13-19, 1997 as l!ilall1MI p1,}(1L£{))0fJJ)
Telecommuniaton WN+..w~ ~
Letter from Htry')' Galleher indicating his resignation from the Clean, Green & Proud
Commission. t)~
1
.......... Hyoiahlweallllllllty_. ... ....., .... ...., ..... ,.,. .. Cllyelf, aa•a...111 I ............... ..._ ......................... ,... .
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Gty Council Agenda
April 7, 1997
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9 . Public Hearing.
a.
r~~r7,·?z8ethff-Sitiz~lE-on the proposed ~=e ~til:~A/;~, jhA /_,;,,
llfrtl ~ -o w ./,tJffM 4U'fµ._J_ 7-D c:-UH..L-IP v-v .,...., , i,«/'":' "p
W/C,9/,Jr. ~.t1,rt?R~t t,4T~· F~ ,. (!~A)!.l;;r #EJ.JOA ~£A-ff hNbVEO 104. iii 'I-IV F~ r,lf.. WA4{,,()iif£/.#.,r,~iJM '/6 t1t. V ~IJ$.l.lr ~$.A)~,4 CIAff'1,liqFAJUt
//-Oa .W Approve~ n~ /tJ~1>i 1 v1~v}i viii Y-X tJ./fd ~ecommendation ffo:n the ~rtment of Financial Se~ices to adopt a
{). _ resolution approving a supplemental Budget appropriation for year-end 1996 to ~.J:. f )-... comply with Charter requirements. STAFF SOUICE: Frank Gryglewicz,
Director of Financial Services.
ii. Recommendation from the Department of Financial Services to adopt a bill for
an ordinance creating a new chapter in the Englewood Municipal Code
establishing a license for Tattoo Establishments. STAFF SOURCE: Frank
Gryglewicz, OirectCN' of f'inancial Services.
(lY,:3/ iii.
tp,,I IR-O
Recommendation from the Department of Financial Services to adopt a bill for
an ordinance creating a new chapter in the Englewood Municipal Code
establishing a license for Secondhand Dealers. STAFF. SOURCE: Frank
Gryglewicz, DirectCN' of Financial Services. UJ ~~
/}J?D!r 1,,t (p~; Recommendation from the Utilities Department to adopt a resolution approving
the Water Conservatiori..~ster Plan . STAFF SOUICE: Stewart H. Fonda,
Director of Utlilies. w '1f'A
1,JtJ..1FD~ HJ OU(#M-4)fiE
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Recommendation from the Utilities Department to adopt a'liliN, 1· approving
an easement with the Colorado Water Conservation Board for improvements
along the South Platte River Channelization Project. STAFF SOUICE: Stewart
. H. Fonda, Director of Utilities.~
Recommendation from the Utilities Department to adopt a bill for an ordinance
approving Southgate Supplement #130. STAFF SOUICE: Stewart H. Fonda,
Director of Utilities.
vii. Recommendation from the Wastewater Treatment Plant Supervisory Committee
to approve, by motion, the purchase of a four wheel drive vehicle for the
Beneficial Use Farm . Staff recommends purchasing the vehicle on state bid, in
the amount of $24,950.80. STAFF SOURCE: Stewart H. Fonda, Director of
Utilities.
viii. Recommendation from the Department of Public Works to adopt a resolution to
negotiate and award a contract for 1997 micro-surfacing. STAFF SOURCE:
Charles Esterly, Director of Public Worlcs.
.._ .... lf,-..... atlalilllyal ... ...a.y_. • ..._,.._...., .. Cllyelt, al011 IIII II ......................................... ,...
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, City Council Agenda
April 7, 1997
Pagel
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Recommendation from the Department of Public Works to approve, by motion,
a contract for resurfacing and other repairs at Sinclair Pool. Staff recommends
awarding the contract to the low bidder, Alpine Pool and Plaster, in the amount · •
of $33,840.00 STAFF SOURCE: Charles Esterly, Director of Public Worb./j)tf~
x. Recommendation from the Department of Parks and Recreation to approve, by
motion, a contract for an irrigation control system for the golf course. Staff
recommends awarding the bid to Layne-Western company, the lowest bidder, in
the amount of $42,384.00. STAFF SOURCES: Jerrell Black, Director of Parks
and Recreation, and Dave Lee, Manager of Open Spaces.
~veonsec~t·fr /{)Ir/ hl;~J~L I/
i. ~I Bill No. 19, author~s for the ~~~r:hange project
which reflect the final design changes .
ii . Council Bill No. 20, adopting a new chapter in the Englewood Municipal Code
pertaining to Special Events licenses.
iii. Council Bill No. 21 , adopting a new chapter in the Englewood Municipal Code
pertaining to Adult Entertainment Licenses, and removing the license from the
moratorium .
iv. Council Bill No. 22, adopting a new chapter in the Englewood Municipal Code
pertaining to Purchaser of Valuable Articles licenses.
v. Council Bill No. 25 , approving the 1997 Enterprise Zone Marketing Contract .
11 . Ordinances, Resolutions, and Motions.
a. Approve on First Reading.
/),. _ ~ ,l,;-i . Recommendation from the Department of Financial Services to adopt a
K,(/}n" ~rv.J resolution establishing fees for Special Eveni'1:;.::.~ff SOURCE: frank Tr (,-0 Gryglewicz, Director of Financial Services...,. v ~ ,~
/), .• LL,!t i i . Recommendation from the Department of Financial Services to~ a
~ resolution establishing fees for Purchaser of Valiw>le Articles 1!1='1lses . STAFF Off'~ -0 SOURCE: frank Gryglewicz, Director of financial Services. V~
./),., 11. ii i. Recommendation from the Department of Financ ial Services to adopt a ~t/-7 resolution establishing fees for Adult Entertainment licenses. STAFF SOUICE:
~ ~ -Q frank Gryslewicz, Director of financial Services. /)~
b . Approve on Second Reading .
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City Council Agenda
April 7, 1997
Pqe4
12. General Discussion.
a . Mayor's Choice.
b. Council Members' Choice.
13 . City Manager's Report.
a. Cinderella City Status Report.
14. City Attorney's Report.
a.
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a,,,,-~-0 Recommendation from the City Attorney to approve a motion for the authority to sign
the letter of support for tile proposed changes to the Environmental Protection Agency
Record of Decision./)/ l,(fi,o
Adjoum10~;~
The following ~were transmitted to City Council between Ol/14/97-04/03/97:
• Englewood Public Library Board meeting of February 11, 1997
• Englewood Water and Sewer Board meeting of February 11, 1997
• Englewood Housing Authority meeting of February 26, 1997
• Englewood Planning and Zoning Commission meeting of Mardi 4, 1997
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ENGLEWOOD crrY COUJlfCO.
INGLIWOOD, AIIAPAIIOI COUNTY, COLORADO
Mardi 17, 1997
l . Call tu Order
The rqular meeting oCthc Englewood City Council was called to order by Mayor Bums at 7:39 p.m.
2. lawcatioll
The invocation was given by Council Member Wiggins.
3. l'Wae f1' APqi-
Thc Pledge of Allegiance was led by Mayor Bums.
4 . Rel.lCall
Present :
Alllent:
A quona -pRIClll.
Council Members Clapp, Wiggins, Habenicht. Vormittag
w..-,.Bums
Na.
IClalt 's DOie : TIie DilUic:t I Council -is Vacul due to the recall or Council Member Hathaway by a
najority or the wie • the J-, 14. 1997 Recall Election.I
Alto praent: City Muagicr C1art
S. MINta
City Maney Brolzaao
Deputy City Clerk Casale
Duec:lor Fonda. Utiliticl
Duec:lor Oryglcwic:z. Finucial Savica
(a) COUNCO. MPISD WIGGINS MOYD, AND rr WAS SltCONDIED, TO
APPROVE THI MIN1JTl:S OJ 11D UGUI.Aa urnNG OJ MAllCII J. 1997.
Ayes : Council Membas Vormial&, Wigim. HallCllidll. w..-,. Clapp. Buns
Nays : Na.
The IIIOlion carried.
6. Sdu f I f Vllilen
Tllae were DO ldladllled vilitorl.
7. N• 1cb1f llfVllilen
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Englewood City Council
March 17, 1997
Page2
(a) Vera Montez. 2925 South Elali Street. said she was present because of the article in the
Englewood Herald on double dipping. She cxprased her support for Council Member Clapp and her
swcmcnts in the article. She fccls this sets a precalcnt for others to retire and then get another job with
the City and colla:t nw retirement cbccks. Ms. Montez said this is not spending 01U money the right
way .
(b) Ray Tomasso, 2998 South Bannock Street. agreed that double dipping is wrong. He also
opined that the Direclor oC Safety Services is a f\aU time job, sbould c:onccntratc on Safely Services and not
he divided bctwccn another job. This is an OUlgrOWtb oC di-icfaaioo, be said. with the neighbors in the
northern pan of Englewood over the conditions a1 Bales and Broadway and the dissatisfaction with the
City's response to thal and continued oonccms with that area.
(C) ~ Schreiner. 4935 South Grant Street. said he is the Deputy Chainnan of the
Firearms Coalition of Colorado. He assened thal the bill bdOR Council this evening a>nccming
Weapons Dealers lia:nscs is vcry poorly written and is prccmpccd by fcclcral law. He said one item would
scvercly affect fm:anns federal liccnsc holclcrs that have shops in Englewood where they oould not display
their wares for sale. These arc no diffcrall. he fccls, than clOlhing manufacturers who put their goods in a
glass display case. Mr. Schreiner apin 5lalCd that this pica: of legislation is very poorly drafted and
strongly rccommcnded thal it be withdrawn.
(d) Dr. RobCl1 Ohlson. l 754 West County Linc Road. Littleton. discussed Council Bill No .
19 regarding the C-470 illlel'cbaaF. He said he rcc:cntly went to the swc highway department to get a
highway access permit OIIIO Coallly Linc Road so thal he could COlllinuc to have a safe and privalc access
from his home. He said he -inf'onDCld tbat Douglas County plSICd the permit OD to the SWC
clcpanmcnt oC highways. wllo lllca 1111 a lcaa from Highluds Rancb Metropolitan Distrids indica•ing
thal they did DOI bcline he slloalcl make this applic:alion. Dr. Obi-. opined thal then: is a a>nflict that
migbt be difficult to ICC and tlla! Highlands Rancb MelJO Disbicts might be prcscnting to Council items
which arc nae true. such as dc\'alioa problems. He med that Council COlllidcr fiuthcr addition to the
changes to include a small rigbt-<Jf-way for this roadway to continue the grant and casement thal the City
gave him in 1965 .
In response to Council Member Vormittag. Dr. Obi-. clarified what was depicted on the map of the area
in question tbat he provided to Council.
(e) Duane Ammerman. 31198 South Chcrobc Street. disamed the proposed Weapons
Dealers license . He said that. just bccaulc we arc talking weapons. cvcryonc wants to over regulate it. He
feels it should not be approwd becaulc be can nae ICC any good coming from it
(f) Barbara Fout. 411S South Huron Street. cxpraaed her C1D11Ca11S rcpnling Council and
City govcmmcnt i-. She said for the i.a leVCfa1 moadll Council ICCfflS to be vcry foculed on
personal agendas rather than comaanity iaa. Our Clllllmlllily. sbc llalCd. remains coacrmcd about
very serious i11UCS lhll they c1a;tod Council to deal with. Thclc ialCI Cllllllinuc to be health and safety.
quality of life, and Cindcrdla City as a 1M i-. There bas been loll oC time and money ,cacnlCd OD
Cinderella City, but as oC toaighl then: bas been lialc prop"ell made rcpnling any oC thclC iaa. Ms.
Fout said her ICCOlld QlllCCfll is the wai•maM oCMr . SIMiey. She quationed whether this is in the
best interest of this City. She med if lie is ..., to be ICMIII iD bod! capacities. and if to. llow arc -
going to Iliad this. This is a -11 city, Ille said. ud .. oC die poaplc wllo .ut here~ dual i--.
becaus they 111\'C to. Sbc aid she aermly lq,es -IMlp • quellioa this -· Ms. FOlll aid she
would like to pcrlllUlly dluk 1...-ri Clapp for---. lip ID -oCthclC iaa. I• lllla a lal oC
c::oura,c. she said. to 1111c a 1111111 oa ~ tlla! .-c • paplllar . SIie apilllld tlla! 11111 11 wllll c-il '1
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Englewood City Council
March 17, 1997
Page 3
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position is. to take an unpopular stand. Her third concern. she related. is the Council's potential for
policing each other. She feels that takes away from the community and its right to come before Council
and express its concerns. Ms. Fout said Council needs to let the City guide them and to work together
with the community and regain the IJ1l5t they bad.
(g) Sandi Ostema, 2843 South Gralll Street. said she was plcascd to come in at the latter
part of the Study Session IO hear that Council is aware that tbcrc arc some problems and that they arc even
going IO uy to tackle them. She said she -thrillCld to hear that and feels an outside company that
performs audits would be appropriale. In J-,y, she Slid. sbe reviewed a file held by the City entitled
kStandby". This file, she Slid. -kept by Cbuck Reid andcndsabrupdy at November. 1995. When she
asked Mr. Clark why this mancr WIS not pickal up by Mr. Reid's replacement. he replied in a letter dated
April 8. 1996 that Reid's rcplacemcnt WIS not appoillled lllllil six or -months after he arrived.
Reading Mr. Clart's rcspomc. Ms. Ostcma said "the Ncigbborbood Watcb Program of the Dcpanmcnt of
Safety Services assumed responsibility for this islUc in early 1995. Subsequently. they have held scvcraJ
neighborhood meetings and Standby WIS one al the fira assignments given to the police division· s impact
team early this year. There is no need for Suzie Grace to be inwlvcd in this matter given the police
division 's current efforts." Ms. Ostcma told Council that, when she contacted Al Stanley by phone to find
out what the police division's efforts were going to be to this end. she was told tbcrc was no directive in
writing and he had no idea that Neighborhood Watch was responsible for covering the Bates/Broadway
issue. He indicated that the impact team was formed and they would handle the matter. At a meeting
held at Mayflower Church in October al 1996. Ms . Ostcma said she asked Code Enforcement why they
practiced selective code enforcement and the response was that it was the fault of administration, namely
Doug Clart. that they could not cft'ectivcly do their jobs. She said it has come to her attention that Mr.
Clark has laid some ground work to get Mr. Stallley iDlo the position al Assis1ant City Manager. She
voiced her strong objcctioas to that because Mr. Stanley has enough on bis plalc and us difficulty enough
dealing with thal without taking on a _... position. Tbcrc is -question about the salary and the
pension benefits and having two pieca al cake inacad al the oae thal -all ,et. She feels it is improper
thal this position was not open to the public lillc all al the prior City employment positions have been,
mainly on Channel 8 . Ms. Ollema said sbe may Ulll to apply for this position. adding that she is sure
they would !owe to have her up there wilb them. She quCllioaed Mr. Clart's cboicc. allowing that he docs
have a lot on his plalc and thal be probably docs nccd mmc help. but opining that she is not sure Mr.
Stanley is appropriate. She said Mr. Clart jUll firm Suzie Grace. whcras thal might have been an
opportunity to train her into this position . She quesaioned the insubordination oCMr . Clark and Mr.
Stanley even coming forward with this kind ol a deal. SUlling that there is SOIIIClbing really stinky about iL
She advised thal they should all be aware thal the citu.ens arcn 't going to put up with this stuff. Stating
that she wanted to end her comments on a good note. she said she was very thrilled to bear that Council
has finally decided that there is --out there they can lillen to and hear what the people have to say.
Addressing Council Member Wiggins. Ms . O.C-said pcrbapl he would like to swt olf on a good note
with her and apologiu for calling her a wileh bunler.
(h) Vicky Latimer, 2815 Soutll en.tway, said she hales to take Council 's time to ask
procedure but this is the tint nwting she Im aacndcd. She said she is aJIICel'IICld and interalcd in the
propolCd ordinance regarding fm:anm and weapon sales. She asked bow this wiU work, if Council will
discuss it and then ~ have a cbancc to talk ._. it.
Mayor Bwns advised that the City M-,cr Im n,quatal. and Mayor Bul1II said he concun. thal the
ordinance be pulled frum the a,-la for fwlllcr rmcw . He ilMled Ml. Lalimcr to share her opinions if
she would like to.
Ms. Ulimcr said it -thal people wllo uve ftlarm ~ -already c:omplyin1 wilb J1111 abo1u
C\aytlliq 11111 is ill thcR 1111d sllc ftiell ii ii Cllllftlliltc.
"
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Englewood City Council
March 17, 1997
Pagc4
(i) Mary Ami Bradfield, who is not a raidelll al Englewood, said she is the National Riffe
ASlociaaioa lobbyist for the Stale of Colorado ud jull bappcaed to be iD town. She advised that she was
conlacled by a lol of her members rcpnliDg the onlinancc dial Council will be pulling. Sbe offered her
phone nwnbcr and services ud any informalioa dial sllc migbl me awilablc as Council looks apiD at
the ordinanc:c. She apad with Mr. SdueiDer tbll the ordiDaace is cxuancly poorly written and, she
added, the onlinaacc made it an affimmtiw: offcae to own golf shoes.
(a)
aJIISiclcred .
A pmclamatioa boaoring ChriltiDa Blomberg on the occasion of her 99* biJtbday was
CITY COUNCR. UNANIMOUSLY MOVED TO APPROVE A PROCLAMATION HONORING
CHalSTINA BLOMBERG ON THE OCCASION OJ BER 99111 BIRTHDAY.
Ayes: Council Mcalcl's Vonnittag. Wiggins, Habenicht,
Waggoner, Clapp, Bums
Nays : Nooe
The llllllion carried .
(b) A proclamalion dcdaring the week of March 16 through 22. 1997 as lntcrnational
DcMolay Weck was consiclcred.
COUNCR. MEMBER BAaENICBT MOVED, AND IT WAS SECONDED, TO APPROVE A
PllOC'LAMATION DECL\IUNG THE WEEK OJ MARCH 16 TllllOUGB 22, 1"7 AS
INTERNATIONAL DEMOLA Y WEEK.
Ayes : Council Maabcn Vormittag. Wiggins. Habcnicbl. w..--. Clapp, Burm
Nays : Nooe
The motion carried.
Brmdoa Duncan. Muter Coumclor olthe Eaglcwoad Cllaplcr, -placnl to alx:icpl the prod•mlfioa.
(C) A prodamaaioa declariDg the week al April 6 lluuugh 12, 1997 as BuildiDg Safely Weck
-consiclcred.
COUNCR. MEMBER BAaENICBT MOVU, AND IT WAS SECONDED, TO APPROVE A
noa..utA110N DECIA&ING THE WED or Ann. 6 TIIIIOIJGB IZ, 1"7 AS BUILDING
SARTYWEEK.
Ayes :
Nays :
The molion carried.
Couocil Mcmllers Vormiaaa, Wigia Habcnicbl.
w..-,. Clapp, Burm
Nmc
d) A prod•ma«ioa clrdarilla April. 1997 as die Maadt of die Y-a Cllild w consiclcred.
COUNCR. MEMBER CLAPP MOVED, AN9 ITWAS UCONND, TO APPROVE A
noa..utA110N DECL\IUNG Ann., 1"7 AS THE MONTH CW 11B YOUNG CBD..D.
Ayes : ~ Maabcn Voraiaas. Wiaia, Habcnicbt,
w...-,.Clapp,e.r.
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Englewood City Council
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Nays: None
The macioa carried.
(e) A Idler from Joan Mi1cao indic:a&ing her raigm«ion from the Englewood Cultural Arts
Cornmissioo -comidered.
COUNCD. MEMBER BAIIENICBT MOVED. AND IT WAS SICONDID. TO ACCll'T WITH
UGRET A LITnll ftOM JOAN MILl1TO INDICATING BIil RESIGNATION FROM THI
ENGLEWOOD CULTIJllAL AllTS COMMISSION.
Council Manber Habalidlt com......., tbal Ms. Mik:ao did a w,y fiae jab al hdpillg IO pull the
C0111111ission u,getber. She said she is sony tbll Ms. Milcao is ill aad hopes Ille pa beaa-DID.
Ayes :
Nays :
The IDOlion carried.
Council Members Vormiaag. Wigins, Habalidlt.
w..-,, Clapp, Burm
None
. ....
Council Manber Clapp advilCICI that Vera Montez -praeat ID accept the p,oclamaaion declaring April,
1997 the Month all.be Young Child. M8)'0I" Burm pr1*llled the pruc:lamaaion ID Ms. Monlez.
Council Manber Habalidlt recalled dial,• the lqiNing al 1990, Council pmed a raolution indicating
that Ibis is the Decade al the Child in Englewnod.
•••••
MAYOR aURNS REMOVED AGENDA ITDI II (a) {1¥) noM TBI CONSENT AGENDA FOR
FURTIIIR STUDY.
COUNCD. MJ:MSER VOUll'ITAG REMOVED AGENDA rrl:M 11 (a) (is) PROM TBI
CONSENT AGENDA.
•••••
Council Manber Habalidll lllked wllea A,-la hem 10 (a) (iv) will -back for ODlllidaalioa. City
AIIOl'Dey Brnczman ~ dial c-:i1 liad a Smdy Seaioa • Ibis ad liad DO inpuL Now, Ille said.
• leall M bave -iapul 6-die....., aad M will -ID bave !lilCmaa widl die indullry
rq,reKlllaliws before ii is bnlupl back IO c-:il. He said Ille docs 11111 MW a time ripa -beclUlc DO
DDlice -receMd prior to laaipl tbll dleR -a prablaa widl lllis .
•••••
COUNCD. MJ:MSU CLAPP UIIOVU AGENDA rl"UI II {a) (1) ntOII TBI CONS&NT
AGENDA.
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Englewood City Council
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COUNCO. MEMSl:R WIGGINS MOVED. AND IT WAS SECONDED. TO APPROVE
CONSENT AGENDA ITEMS It (a) (I). (ii). (Iii). (Y). (wi). (Yi). _. (wii) ON rDIST READING.
(a) Apprc,we OD Fira Reading
(i) COUNCIL BW.. NO. 21. INillODUCED BY COUNCll. MEMBER
WIGGINS
A BW.. FOil AN ORDINANCE REPEAUNG TITLES, OIAP'raR 6, OF 11IE ENGLEWOOD
MUNICIPAL CODE 191S, AND ENACTING A NEW TITLES, CHAPIEl 6, ENTm..ED ADULT
EN'Jl:RTAINMENI' ESTABLISHMENTS WHIOI UPDA'IES. Cl.ARIF1ES AND BRINGS 111E
LICENSING REQUIRf.MENTS FOR ADULT ENl'ERTAINMENT EST ABUSHMEm'S INTO
COMPLIANCE WI1lf RECen' CASE LAW AND WHIOI REMOVES AMUSEMENTS FROM
ORDINANCE NO. 2S. SERIES OF 1996 WHIOI PERTAINS TO 11IE MORATORIUM OF LICENSES
IN mE CITY OF ENGLEWOOD . CXJLORADO.
(ii) COUNCll. BW.. NO . 22, INillOOUCED BY COUNCll. MEMBER
WIGGINS
A BW.. FOR AN ORDINANCE AMENDING TITLE S, BY ENACTING A NEW ClfAP1El 23,
ENITrLED PUROIASER OF VALUABLE ARTICLES AND AMENDING TITLE 7, ClfAP1El 6E,
SECTION 4. BY 111E ENAC'IMENT OF A NEW PARAGRAPH E, OF 111E ENa.EWOOD
MUNICIPAL CODE 191S .
(iii) COUNCll. BW.. NO . 23. INillOOUCED BY COUNCll. MEMBER
WIGGINS
A BW.. FOR AN ORDINANCE AMENDING TITLE 7, OIAP'raR 6E. WI1lf mE ENAC'JMEm' OF
A NEW SEC'J10N 9, OF 11IE ENGLEWOOD MUNICIPAL CODE 1~ AND ENAC11NG A NEW
TITLE S, ClfAP1El 26, ENITl1..ED TOBACCO PRODUCTS VENDOR.
(v) COUNCIL BW.. NO. 20, INI1lOOUCED BY COUNCll. MEMBER
WIGGINS
A BW.. FOil AN ORDINANCE AMENDING TITLES, BY ENACTING A NEW ClfAP1El 20, OF
11fE ENGLEWOOD MUNICIPAL CODE 191S, ENTl11.ED SPECIAL EVEJIITS .
(vi) RESOLUTION NO . 39, SERIES OF 1997
A RESOLUTION AMENDING 11fE APPROVED 1997 BUDGET AND APPROPRIATING MONIES
FOR 11IE CITY OF ENGLEWOOD, COLORADO
(vii) RESOLUTION NO . 40, SERIES OF 1997
A RESOLUTION DEC.ARING 11fE INTEH110N OF 11IE CITY COUNCll. OF ENGLEWOOD,
CXJLORADO, TO CREATE PA VINO DIS11UCT NO . 31. ADOP11NG DETAll.S AND
SPECIFICATIONS FOil TIIE PROPOSED DISTRICT, AND DlllEC11NG PUBLICATION AND
...
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MAILING OF 1liE NOTICE OF HEARING TO 1liE OWNERS OF TifE REAL PROPERTY IN 1liE
DISTRICT.
(viii) COUNCll.. Bll..L NO . 25, IN11tOOUCED BY COUNCll.. MEMBER
WIGGINS
A BILL FOR AN ORDINANCE AIJ1HOIUZING AN IN'JcRGOVERNMENT AL AGREEMENT
PERTAINING TO TIIE E1'nEU'IUSE Z.ONE MARKETING CONTitACT, BETWEEN TI1E
COLORADO DEPARTMENT OF LOCAL AFFAIRS. ECONOMIC DEVELOPMENT COMMISSION
('"E .D.C.ft) AND 1liE CITY OF ENGLEWOOD .
Ayes :
Nays :
The IIIOlion carried .
Council Members Vorminag. Wiggins. Habenicht
Wagoac:r, Clapp, Burns
None
(ix) Council Member Vonninag med Director Fonda of the Depanment of
Utilities if the map presented c:arlicr by Dr. Ohlson corrcct.ly depicts the 3JCI in question and what the
intent is with his road. whcdlcr it is S1ippoeed to go into the fulure Highlands Ranch Boulevard. Mr.
Fonda responded affinmlivdy IO bodl queslions. Mr. Vorminag then med if be was correctly
rrmcmbering that it is about twenty or thiny feet bKk up in tbcle. Mr. Fonda said where the intersection
comes in. his acccs1 calCIIIClll would amic illlo bis boas fnlm lhal dileClion and then later. if it became a
road. then: would be public ac:c:css IO thal point or we would ~ WUICYer private ac:c:css be needed IO
get illlo his subdivision .
Mr. Vorminag llked if there would be a prablem witb leaing biln build bis road where be WUIS right OIi
10 where this road is and llill D'C die old road tberc. Mr. Fonda said be does DOI kmw. tbcle may vay
well be. as the highway deputmcal bas beea very diffiaalt in permiaing axeaa lhll close to wbal will
bcaxne major inlacllanFs-He said be would DOI kmw M this point since it is thc first time be bas
loobdalit.
Mayor Bums asked if this is an Clllirdy new ac:c:css OI" an cxpamion of thc one dial is already tbcle. Mr.
Fonda responded thal the OIIC Dr. ~ is pn!pOling is a new aalCII down IO County Linc Road .
Council Member Waggoner asked iftberc would be a auaing olthe Higbline Canal witb the new
propoul . Mr. Fonda said tberc would DOI . Clarifying fwthcr. Mr. Wagoacr said dial wbaa Dr. OblDI
is proposing is ID ~ thc cnmin& in and switdl bKk anJUlld and come: in M COUDly Linc. Mr. Fonda
said dull is aimct. He said be does DOI tt-if thc bipway dcpa,tmcna will objcd to thc propoal.
Council Member Waggoner asked wbaa is wniag witb die Hiplands Ranch 8cJu1eyud exit. Dr. OblDI
answered fnlm the audicace 11111. clurina die period ol coaMICSion. tbcR will prabably be anotbcr year in
whicb Hipludl llaDcb 8cJu1eyud will bawc to ac:c:css all '11 die aNlllnlClioa equipmenl fnlm CGdy Linc
Road. since be be1icws tbcy will aac allow tbca to-clowa C-'70. The COllllnlclioa oldie bipway
will preaeat a pal deal ol llcawy lrlffic cliiria& 11111 period. He llid tberc are tbrec dcmcmary ICllool
cbiJdrell wbo bawc to get oa die ba in 11111 -aad tberc-ao prorilicm to allow dial. It -BICb
safer. be said. to -500 feet eaa. tbca. ia die year 11111 dlcy 6ully .. HqlllaDdl llaDcb 8cJu1eyud
dolle ud Eagle-Mind da:ida ....... wllll dlcy ... to dD widl die paad up tberc. we can pu1 die
IOlllllerly i-..:aioe widl Hi ...... Rwll ~ ia. b .... be ia aayway , be said. .... yoll
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have to have access to your ground. Dr. Oblson said it is an unsafe allldilioa for tbc families who live in
the subdivision and he said he would prefer to keep tbc priYIIIC dri\'C for as long as he can.
Council Member Waggoocr asked if this is just an inlaim mcasure lhcn. Dr. Oblsoa said he~ that
about a year is all the highway dcpanmcot will allow to have a scpara1e access into a c:lass tbrec road.
which is what County Linc was, but now isn't, because it is shut off on the west end at Santa Fe .
Mr. Fonda opined that they -required to provide access anyway , as pan of a aJll5lJUClioa project. They
can DIil lca\'C you without access. lelllpOIUy or otherwise. He said he docs DIil know what lbc plan is for
dull because they have been ncgotialing with Dr. Oblson.
Council Member Vonnilllg asked, if this land will -back IO lbc City. and be opened up a little road.
can we live with dull? He almaslu:d. iflbc bigbway depllrw docsu 't approYC it, ifbc can do anything
with iL Mr. Fonda said he can DIil. Mr. Vormittag said dull all Dr. Oblson is saying is that wc will give
him that land and we will just take dull land back . He asked. again, if we. as a City, have a problem with
that. Mr. Fonda said he does DIil know.
COUNCO. MEMBER WAGGONER MOVED THAT WE TABU: THIS ITEM UNTIL
ADDfflONAL INFORMATION IS OBTAINED.
Mr. Fonda said this is a veiy I.ale proposal and wc may be holding SOIIIClhing up . He expressed concern
over lbc situation it may CIUIC.
Mayor Bums asked bow nu:b of this property lbc City-. Mr. Fonda responded that we own lbc
triangle from lbc Highlinc Canal IO County Line Road. He said we may be pulling Highlands Ranch at a
disadvantapous bargaining polilioll al this point . He feds that we could always go back lalcr. if they pass
it, and modify .
Mr. Vormittag said he would be willillg to do that if we can at least bear him out and if be can build bis
road if it is suitable to the City . We could PIii it IOlligllt. tbcn. and it wouldn't necessarily be a done deal .
He said it looks to him like lbc road goes rigbt along lbc Highliae Canal and comes out OD County Line
and he docs DIil feel it is a big deal. if Dr. Oblson is willing to pic:t up lbc expenlC of building the road .
Mr. Fonda said you -losing lbc use of that land and be does DIil know if lbc highway dq,lnment will
allow it. He said there is a Pftlantial c:baDce that a delay could be COllly .
City Attorney Brotzman said there -two things going OD . One is lbc highway project is Wider
CODSllUClion and ongoing, and the ICICIJlld is Cewnnial w-, Dillrict bas begun mndrmDMion
proceedings 1111 lhis piece of property apinll Dr . Oblson to Id lbc -.ncnll. He mnindCld Council that
tonight they an: only pming I very rmll ponion of ODC of lhae CNfflN'DCI bavinl ahady paged two
ordinances 1111 lhis issue . one allowing die w UMlfer and lbc other allowing CCIIICDnial to paf-
condemnation .
Mr. Fonda said that Dr . Oblson can neptialc with Hiplands Randi repnling tbc rondrmnation
Highlands Ranch is nqotiating witb die Stale repnliq wbat they will and will not allow. He feds that
if Hiplands Randi ud Dr. Oblson 1W IO die c:oecl...,. that that is die bell way to proceed. lllcll we
probably would DIil object For die Cily to jump illlo this may wow a _.,, wraicb into it and be apill
llreacd that this is beillg plaatled al • very Ille dale . I·
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Council Member HabcnidFt offered dlat. siDce dlis is jail die finl readilFg. if IOl!ldbing comes up dial
-.yonc c:aa agree to before secoad rcadiDg. it maid llappeD widlout ~ widF WUI is bappeniag
DOW.
COUNCIL MDDER WAGGONER Wl11IDllEW BIS MO'nON TO TASLL
Dr. Obi.-aid dae is jllll a ....U lriallglc dial Higblands Ranch Mebapolitaa Disbicls needs for
Higblands Randi Boulevanl. die .. fl it lldallp ID Eaglcwood ud ilS '* ... been puled to him for
die aa. lllilty.five years. for die 11111c fl llilly, privacy, 8llile II• I ... ud m IJrtb. Dr. OblDF Slaled
dial lie ...... Fadler lmwe a--. wllic::ll lie ism die lligbway depmtW will appnMi iftbe owner
r,ldle pad dnap wllicll lie-alllaia ...a -,s cmy. OtlFer drm dlat, IFe nwianed, then: is DO
pnilllcm.
DilllCIDr Foada --"'c:laaificaliDll dial Ille pniWea is aat Ille ~ llllulion, bul ndier the
..,...y mhllioD. Dr. Olli-said lie-b-.» ID lllcllll a year . Mr. Fonda said IFe could pl wilh
HiglFlaadl Raa:11. .-llley aw ID aw a ..... ID pn,wide IFim lalic access. Dr. Obi-. said IFe Im a
leaer rru. diem iadic:aliFlg llley will ... ii apea • loag • dlley c:aa and it is a su:p by step pnx:edare.
None die lcll, dlley don 't duuw ialo lllal fDrallFla d!e r.:t dial it is ping to be a very bigb '* CXlllllnlctioo
road and C°'*)' Lille Rold is pillg ID llawe • tnlk: ca ii C,apl big truc:ks. concrete truc:ks. cnnes and
trucb IFaulillg materials up IO die CMlpall 6-die _. side.
Council Member Vormiaag asked Mr. FOllda. if Ille bill is paam toaigbt. wbetber be c:aa work !hat out
widF bim before die lelXllld iadiag. Mr. Fallda FetlpOlldl,d dial lie will COIUCl Highlands Ranch to -
..... tlleir plan is.
Dr. Ollllaa addDd .... tlley an: ....... "' Ille-. ripl..Gf'-way, Ille-. eaae.-a. Mayor Bums
_... ftll Ille 1ep1 .._ ala -is. City Aaaney 111W, 1111 d d dial lie act11111y Im a
.-dad-ad lllen: is-.,_ OWi" we.e • -actlFally is. He actlFally Im a
dmeway ... doll aat lit iii Ille ...... -. lie aid. ... dFcy lllvc .... "' ••
,naedillll cm lllal-. wllida ....._ OWi" aay ew lllal we lllvc. Mayor a.. apilFed
dill lie._., !maw. dFeiF. wllll we c:u do• dlis paia
TIFe Depuly City CJat -asked ID .ad eo.cil Bill No. 19 by tide:
COUNCIL BW. NO. 19, IN11tODUCl!I> BY COUNCIL MEMBER VORMl1TAG
A BW. FOR AN ORDINANCE REGARDING C-470 Md.El.LAN INIElCllANGE AUTHORIZING
NEW DEEDS FOR 11US PROJECT WIUOI REPU!CT 11tE FINAL DESIGN OIANOES.
COUNCIL IIDINR VOIIMITTAG MOVED. ANlt ITWAS KCONDD. TO .U'PROW
AGENDA l'IDI II (a) (Is) • COUNCIL IIIU. NO. It.
Ayes : ~ Mlilllels Vonaitlas, Wigial. H11aic111. w...-. Clapp. .....
Nays : NoiFe
TIFe motioll c:anied.
(x) DilllCIDr Fallda ,._... a .w C s:ilw ha Ille~
WallCWaSer Tw ..... Sllpllviay C .,. IDlllfllM.,,. ..... aCIIMNCSiN w.,
Sriddilll llSer raplir • Ille ......
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Council Member Clapp Slaled that she undcntuds that the repairs oould COit aaywbcre bclwem S200,000
and S400,000. Director Fonda said that is our Cllimatc rigbl _. jllll for the ~-Tbc IOlal repair
is going to be in the range of a million and a half dollars. Ms. Clapp aed iftllc $200,000 to $400,000 is
going to be split with the City of Littleton. Mr. Fonda responded tbal it will be split fifty.fifty with
LittldOD. Ms. Clapp said she also undcnWlds tbat it is not a budli*d -canallly. Mr. Fonda said
that is true. although thee is a very submmial fud balance that will ClOller aay of tbaie repairs. In
addition. the bids to the planl came in 2 'I, millioD dollars Wider thalc bids so we will not exceed, even
with this repair, what we were originally lludFlial for the new plant COIIIIIUCtion. We bne it. not as a
desigmled item. but we bne more than....._ fud raena to ClOller it, be said.
COUNCD. MEMBER VORMITl'AG MOVED, AND IT WAS SECONDED, TO AWAD THE
CONTllACT Jl'OR TIUCKLING m. TER lll:PAIR AT THE WASTEWATER TREATMENT
PLANT TO CENTRIC JONES.
Council Member Habenicht aed if the City of Littleton bas taken action on this yet. Mr. Fonda said that
Litdeloa does not take action oa this. Their Council bas been apprised by their City Manager and then
the Supervisory Committee ra:ommends to us and. by a111tracl. we are the ones who enter into the
contracts.
Ayes :
Nays :
Tbc motion carried.
Council Members Vormittag, Wiggins. Habenicht..
Waggoner. Clapp, Bums
None
• ••••
COUNCD. MEMBER CLAPP U:MOVED AGENDA ITEM II {It) (v) ROM THE CONSENT
AGENDA
COUNCD. MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA
ITEMS 10 {It) (i) THROUGH ("iv) ON SECOND HADING.
(b) Apprcl\'C on Secood Reading
(i) ORDINANCE N0.16, SERIES OF 1997 (COUNCU.. Bll.L NO .JO,
lNTROOUCED BY COUNCU.. MEMBER VORMl1T AG)
AN ORDINANCE APPROVING 11IE PURCHASE OF A PARCEL OF LAND, A PERMANaIT
EASEMENT AND nvo TEMPORARY EASEMENTS LOCATED ALONG WEST OXFORD
A VENUE BY TIU: COLORADO DEPAR'JMEl'lT OF 11lANSP0RTA1l0N FOR TIU:
CONSTilUCTION OF ST ATE IDGHW AV IS (NA TClfES COURT FRONT AGE ROAD).
(ii) ORDINANCE NO. 17. SERIES OF 1997 (COUNCU.. Bll.L NO . IS,
INTRODUCED BY COUNCU.. MEMBER VORMl1T AG)
AN ORDINANCE At.mlOIUZING AN EASEMENT AGREEMENT FOR 111E CITY RIGHT-Of-WAY
ON TIU: CITY DITCH lllROUGH 11IE PROPERTY AT US WEST QUINCY A VENUE .
(iii) ORDINANCE NO . II. SERIES OF 1997 (COUNCU.. Bll.L NO. 16,
lNTROOUCED BY COUNCU.. MEMBER VORMl1T AG)
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AN ORDINANCE AMENDING 1Tl1.E S, OF 1llE ENGLEWOOD MUNICIPAL CODE l 98S WI11i
1llE ADDmON OF A NEW CHAP1El 19, ENTl1l.ED DIRECT SEU.ING LICENSES AND
ITINERANI' VENDORS LICENSES AND WHICH REMOVES DIRECT SELLERS AND ITINERANT
VENDORS FROM ORDINANCE NO . 2S, SERIES OF 1996 AND COUNCll. BllL NO . 11, SERIES OF
1997. WHICH PERTAINS TO 1llE MORATORIUM OF LICENSES IN 1llE CITY OF ENGLEWOOD ,
COLORADO .
(iv) ORDINANCE NO . 19, SERIES OF 1997 (COUNCll. BllL NO. 17.
INTRODUCED BY COUNCll. MEMBER VORMITI'AG)
AN ORDINANCE Al.111IORIZING AN Oll. AND GAS LEASE BETWEEN 1llE
LIT1l.ETON/ENGLEWOOD WAS'raWATER TREATMENT PLANT AND J . MICHAEL McGHEE.
Ayes :
Nays :
The motion c:arricd.
Council Members Vormiaag. Wiggins. Habenicht.
Waggoner, Clapp. Bums
None
(v) Council considered on second reading Council Bill No . 18 which would require
an affidavit of iDlenl for write-in c:andidalcs and allow CounciJ to c:anc:el an clcction under certain
circ:umslaDces . Council Member Clapp shared some citizen input lhal she received regarding this bill,
Slating 1h11. for example. if for some reason there is only one candidalc for one seat. and two or three days
prior 10 lbc declion. they do something that is aiminally wrong or just something people disagree with.
this would not allow lbc people lbc right 10 say no. C\'CII up to lbc final day before. Appointing the
c:andidalc docs not aeccauily prua,ct the voecrs aad allow them to say yes or no . Even if it is jUSI lbc one
candidalc, sbe said, dlcy may clccide IO vote lhal one c:andidltc down .
Council Member Vormittag asked who they would \'Ole for lhcn. Ms. Clapp fCllll)lldcd ~nobody".
Council Member Wigias llid die c:andidlle would \'Ole for bilDldf aad lhal is all they would need. He
llid if they an: a c:rimillal lhcn die Cily Allomey can advix m whctbcr they would be digible IO bold
office if they -cllupd ud CXIIIVic:led .
Mayor Bums agn:,cd dial if you -only c:lwgcd. but not aiavicled. lhcrc could be some real
CXIIISlitulioaal ima in pulling lhem olf the ballot .
Council Member Clapp llid you would act pull tbcm olf die blllot. She llid it is her undcrstaading dial
lhcrc would be I yes or I IIO . Cily Allomcy Brutzmu llid lhcrc would;.. be one ~ 's name IO \'Ole
for . Couacil Mealler Vormilll& added lhal the c:andidltc wouldjllll llawe IO punch OUI the lillle c:iJdc on
the ballot ud be or sbc would be in.
Council Member Waggoaer asked if you bM-c IO file IO be a wrilc-in c:aadidale. Cily Allomcy Brotzman
llid yes. you do llave 10 file IO be I wrile-ia c:andidltc.
Council Member Habcllic:bt llid this is IUdl a llicky widlel ud lhal sbe udenluds lhal you IJ'y IO be
r-.blc aad ralioaal aad plalllled wl you doll 'I Wllll uy llpllal1 CMdidMcs coming in who Ul*l
apple cans II die._ minulc . But. lhal -10 be die~ way , she said. ud she will pniblbly
\'Ole apiml il
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Englewood City Council
March 17, 1997
Page 12
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ORDINANCE NO. 20, SERIES OF 1997 (COUNCll. BILL NO . 11, ImllODUCED BY COUNCll.
MEMBER VORMITIAG)
AN ORDINANCE AMENDING 1TI1.E l, CHAP11:ll I, BY 11tE CREATION OF 1WO NEW
SEC110NS 7 AND I, OF 11tE ENGLEWOOD MUNICIPAL CODE 1915, REQUIRING AFFIDAVIT
OF IN"reNT FOR WRITE-IN CANDIDATES AND ALLOWING CITY COUNCll., BY RESOLlITION,
TO CANCEL AN ELECTION IF 1HERE ARE NOT MORE CANDIDATES 1HAN OFFICES TO BE
FILLED AT SUCH ELECTION.
COUNCD. MEM9D VOllMITTAG MOVED, AND ITWAS SECONDED, TO APPROVE
AGENDA ITEM It (II) (v) • ORDINANCE NO. 21.
Ayes: CouDcil Members Vonaittag, Wiggins, Waggoner, Bums
Nays : CouDcil Members Habenichl, Clapp
The IIIOlion carried.
11 . O....._.,Re11lnd•n•Modaa
(a) Approve on Finl Reading
(i) Director G,yglcwicz pracated a ftlCOIIIIIIClld from the Dq,anment of
Financial Services IO adopt a raolutioa CIU!blisbing foes for Dinicl Sdlcrs and Itinerant Vendors licenses.
Mr. Gryglc,wicz aid an applicalioll fee is set• SI0.00 ud will DDt cbaqe from last year.
The raolutioa -amped a lllllllller and read by tide:
RESOLUTION NO . 41, SERIES OF 1997
A RESOLUTION ESTABLISHING FEES FOR DlltEC1' SELLERS AND mNERANT VENDORS
LICENSES UNDER 1Tl1..E 5, OIAP1Bl 5, OF 11E ENGLEWOOD MUNICIPAL CODE 1915 .
COUNCD. IUMaEll VOllMITTAG MOVU. AND IT WAS SECONDED, TO APPROVE
AGENDA ITDI 11 (a) (I)· USOLUTION NO. 4L
Ayes : Coucil Memllels Vonaillag. Wigias. Habenicbt. w...-,. Clapp. ....
Nays: Noac
Tbe IDObCIII carried.
(b) Approve OIi Secolld RcMtilla
Tberc -ao addilional items lllllaiaed for approwal • acXllld fladilta. (Sc,c A,-1a llem 10 (b) •
C--Apda.)
12 . GeaenlDilanllN
(a) Mayor's Cboice
I. Mayor Burns IICMIDd lllal die Dellver R,ciaall Coa:il of~ (DllCOG) ..... will
be WflllMmly llipl • wllidl tllcy wiU be lffllwi"l lpia die 2020 pla for die Dellver m11rO -. He
aid tllil is aa cxtn:mely importaDl piece of -'t dlll llley M¥C beal wamaa oe for ,-n.
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Englewood City Council
Man:b 17, 1997
Page 13
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2. Ma)W Bums said be loots f-.rd to fiartber input on the South Broadway 5IUdy . He said it is
~ imponanl tbat we worlt widt the citizens ud the basin r on Broadway. He feels we can learn a
lol from the hisir ud iadullrics tbat we are aae,nping to regulale or improYc. that we can learn
from each ocher. and dial is the way we will implement a mcceaful Soudl Broadway slUdy .
(b) Council Member's Choice
(i) Council Member Wiggins
1. He Slid be-reading the miDules of the Housing Authority meeting of January 29, 1997 wi.-
Les Jenkins of the Hislorical Society is quoted• raying tbal they llaw: cappd the lelYiccs of an oudit to
raise 1750,000 for the l'l:IIDnlioa ud 1a10Y1b011 of the Sama Fe Dq,ot. Mr. Wiggins asked for
ainfinnalion tbat the .-.-y 11111C is due to Englewood Housing Autbority ill April. 1997. Mayor
Bums answcn:d affinnaliwly, raying tbal the Hislarical Society OMS a coasidcnblc amount of money to
the Housing Audlority. Thal--. be said. will be c:oming up for review. ud one thing they are
proposing is. if they actually raise tbat amount of~-they could pay that note off. Mayor Bums said
they bave asked them for IIIIR illformalion about these fund raising activilics ud what their plan is and
they are now waiting for that infonnalion .
Council Member Wiggins asked what happens if they do not meet the April deadline. Mayor Bwns said
they would probably just give them an extension.
Council Member Vormiaag said. for tbc ~ be ud two ochers will be doing that fund raising. He
opined tbat we sbould aat bave dial -'a pralllcrr raisiJ11 Ille money within six months or so . He said bis
goal is to pay the Housing Audlority dcilll free by the cad of Ille year.
2. Council Mclllbcr Wigial llid lie -_.dial• ... Mollday's Sludy Scaioa. Council
Manbcr Clapp w..-1 IO llaw: a allllling wida City MaallF' Clart and City AIIOnlCy BRIIZIIIU. He said
lie W datp 9 ~•die ...sias SD am widl lier 111d Mr . Clart and Mr. Bmszman and the moceing
never came abcllll. Now. lie llicl lie Ian 11111 Ms. Clapp did• "8l him to be dlcrc, bus w..-1
Council Mcmber HlbcaicbS ia la of llim. He Slid be -WCNlden what be has doac IO ,es Ms. Clapp
upsct•bim.
Council Member Clapp l9aSod tbat be has doac aotbing pcrmally wrong. She feds sbc has de\doped a
rclatioasbip OYCr the ... year witb Council Member Habcaicbl ud feds -CXIIIIConablc widl bcr. A1i
of Thursday, sbc said. sbc bad aal bclrd anything 6-U,-SO sbc fipred DO OllC would UW: any
problem with polSpOlling dial. F~ Ille Slid. sbc bad aadeneood dial City Maaa,er Clart w
going to be ous oft-. Ibis ... -*. She llid Council Mclllbcr Wigills w -a-to sit in if lie
-.ldlik
(ii) Council Meallcr Clapp
I . She Slid. in lips of-c:wwem iaa ud -plllllic ..... sllc waald lilre to dinlt1 die City
Attorney to clnft an onliauce pnMisins dalllllc ~ aad -fonward • -ncxe qular lellicJn.
2. Ms. Clapp said sbc dtoaps it waald be a pod idea ifwe dnfted an ordinaDce tbal would reqaiR
all onlinanccs CIOllling fnlm .,,,r911 be.,_.. by a c-il .--.
3. She aid sbc has beell llUII by a CDallilllelll SD review wlly we ~ no,,pmtia1 in 10111C areas .
In that sbc has not been inwMd ia uy _.,.ting -ia .. mvicc Oil Council, sbc said sbc ii ...
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Englewood City Council
March 17. 1997
Page 14
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why we have them and really CXJUldn't ansftl' tbis gcndeman's questioas. Responding to Council
Member Vormittag, Ms. Clapp said this is primarily around the high school.
City Manager Clark said there is quite a bit of history on that. He offered to facililale a meeting with Ms.
Clapp and the citiun. Ms. Clapp said she would like a letter with the bullet points as to why this came
about.
Council Member Waggoner said there arc difl'crcnt reasons for different areas.
Council Mcmber Habenicht said that each one af thole came as a result af petitions from citiuns within
tbc area. She said they came befoR Council and there wen: ncigbborhood ma:tings and they came up
with solutions for the problems. Each -dift'ereal and -initialed by raidents of the area.
Council Member Vormibag said they WCR from student parking during the day and another was sponing
events. Tbc:y wen: all school rdatcd.
City Manager Clark said they aJUld problbly put tO(DClhcr some kind of ooncisc rcpon and scod it out to
everybody on the history OYCr there.
4. She said she was asked to verify something that came out in a Planning and Zoning meeting.
Cartenc Walker states that the City bas some kind of a labor COlllraCt with her business. Standby . She said
she is really curious to find out if that is uuc. She said she highly doubts it.
S. Council Member Clapp said sbc would like to address some lettas that have come from staff.
The first ooc was from City MuaFr Cwt dlled March 13, 1997. Reading from a prqared lelter, she
said-I do not agree with Dan ~'sopinion aJIICfflling Anicle VII, Section S2 (g) and (b). I
bc1MM it would be pnadcal to -* uotber lcpl opinion on this mana to prOICICl the City of Englewood
apillll poaiblc futun: legal liabilily b violalioa of the City Charter."
AddlaliD& Mr. Clark. she~ -v.11ave made it quite c1car that you endorse the coacept or double
dippillg pellliom • the City's cxpeas. I 1* cxuane issue with your positioa. Englewood should pay
out only OIIC pension per city empio)'ee. Ollr city ~ -not designed to make its employees
rich .
Concerning Al Stanley 's -.ndum dlled Man:b 12•. 1997 to you a,acaning the subject aC • Assistant
City Manager Position•. Sina: you cbolc to IClld this memo to me along with your memo. I can only
conclude that you arc in tolal agreemen1 witll its ClOlllalts and toae.
In ooc imuncc Al Stanley stales • 1 am not illlaalal in rairemeal and then being hirlld as the Assistant
City Manager'. In the very next SC111CDCC Mr. Slanlcy S1a1CS 'I migbl have beca under diffaal
cin:wnswices •. I take this to mean that be would llaYC eajoyed the opportllllity to take rccirement and a
city pay check if no ooc would have objcctcd. Sounds a lialc like 111111' grapes to me.
Mr. Stanley seems to object IIIOll vehcmenlly to my having the audacity to dare uk any questions that
even touch upon the issuc of wlull m mp nwion would be paid to him in the -t he is hirlld as the
ASlisWll City Manager. He SlalCS that it is 'DIOIIC. llypadietical and a W1111C oltime to-·· Funhcr,
Mr. Stanley Slates that my aJ11Ca111 arc • illlCnlal adminilUIIM isalCS and tbcrdore outside the IICOpC of
CXIWICil '.
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Englewood City Council
March 17, 1997
Page IS
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Any time you or any other clepanmcnt head proposes to creaae a position in city govanmcnt that pays out
well <Ml" SI00,000 a year to a new employee I am going to ask questions and plenty oflbcm. Any
Council Member who objects to such qucstioas is clerdicl in their duly to tbc people who declcd them.
Mr. Stanlcy stales in the memo 'If these issues c:oatinue to be a aiacem and inlcrfcrc in tbc daily
operatioas oldie city, Ibey can easily be n:mcdied'. I fail to-= bow asking pertinent questions about a
possible salary in Ille range ol six figures for a proposed new position will • inlcrfcrc in tbc daily
operatioas ol lhe City•. Funbcr, would Mr. Stanley care to elaborale oa tbc veiled dual ol 'can be easily
remedied'?
Doug, you ia Mr. Stanley ia any other dcpanment head womng for tbc cili7.clls of Englewood will tell
me ia any oilier member ol lhe duly elected Council what is or is not our a>DCCrD rqarding City
"--· COIIIICil answers to tbc citi7.ens olEngleMJod. not to tbc City Manager nor the Safety Services
Maaqer. It is your job to a,mply with all lawful n:qucstS for information from Council Members on any
and all maaers coaa:ming City government.
Doug, tbc toae olMr. Stanlcy's memo was insolent and bordering upon insubordination. Nol satisfied
with simply delivering such a foolish and ill advised SlllemCDI, Mr. Stanley chose to advertise his
c:oatempt for Council by copying the enli~ Slfecy servia:s llaff • well as all dcpanmenl heads. His intent
by this action is clear. Mr. Slanley wants 10 encourage insubordination and contempt by other statJ
members.
I am astonished that you lacked the good judgment nca:ssary to counsel Mr. Stanley against sending such
I dialribe. What's C\'CD -astonishing is that you endorsed it. Doug, U\'C )'OU forgolten who you wort
for? You -.ac not hired to ldl the Council what to do or whal to think. Your actions insult lhe cili7.CIIS
olEnglcwood and bring clisgraoe to your office .
Doug, I WIIII this reply included in your ia-nel file and Al Stanlcy's pelWOllel file along with your
and Al samley's original memos . See to it dlll tliis -is~ to the same people who ieccivcd
Mr. Sluley's original memo, all City COllllcil ..a.en...,.._ dira:tors and Safety Services llatr.~
Ms. Clapp aid sbe would lille all ol the clocmnenblioa to be Clllel'Cld inlo public record .
(Oert's note: Doa•mm«Mioa includes RClpOIIIC IO Doug Clark from Couacil Memebcr Clapp. dated
March 16. 1997 ; Memonndum to Mayor Bums and Members ol lhe City Council from Doug Clait. daled
March 14, 1997 ; Memonndum to Council Member Laui Clapp from Doug Clark. daled Mardi 13 , 1997 ;
Memorandum 10 Doug Clart from A.F. Scaaley, cllled Maida 12, 1997; E-Mail Message to City Aaomcy,
City Council. and City Maaqer from Laui Clapp. cllled Man:1111. 1997 .(
(iii) Council Member W....,_.-said Ill lcaYe bim CIIII ollhe loop .
•••••
Mayor Bums said be would lille to OOIIIIIICIII oa oae dliJla. Rqanling Couacil Member Clapp· s 1a11ie11
that ordinlDccs be spolllORd by Council Members. be aid be Im 1110 idea bow far that will p,. It -
tbcre arc u awful lot ol ordinlDccs thal come from flltll dlll iR acbttiDislnlM and boari:ec,i• He
exprcacd coacem aboul Ille wlumc ol mcdillp and ..._ calls dlll would ba\oc to be -. to ,_..
that kind ol a request. He aid it -.. miad bogliJII.
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Englewood City Council
March 17. 1997
Page 17
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,ome of the Council Members. be said, and feds it really all'onls fil1I Council aacntion as to wllll type oL
enforcement pol1Ule they should lake wilb the Soulb Broadway Plan.
Council Member Vonnittag said be woold like to Fl tbal CNI anolhcr Sludy Session agenda as SOOD as
poaible.
Mayor Bums llked. since it is coming to us through tbe public bearing process anyway, if we are F(ting
ahead of the pme. City Aaomcy BIOlZIIIID lqllied tbal it came to them duuugb Planning and Zoaing
ud their aexl ai:lion will be to aupport tbe laolatina or modify it. 'l1lcre ii DO public beariq qquiial CN1
tbal raolaliaa, it is a ft.-lllep in the process oL doing a variety of other ordiaaDces tbal will be coming
fonnnl. be advilcld. Planning ud Zoning bad abaut lbree public hcarinp CNI dial ~-
Mayor Bums felt tbat, bdore we Fl illbl cafon:emc:m. we !me to t.w wlllt we are Uying to cnf'orce. He
allowed tbal City Manqcr Clalk bad been CXIIICl:nled in tbal meeting tbal there was ID much CN1 their
plate that we couldn't really finish it all. ud indoDd we dida't !me time to pn,pcrty addRSS lhat
14 . Cily Aa.ney'1 Repert
(a) City Aaomcy Brotzman said lie Im bad a n,qum flOm Council Member Waggoner to
apdllc die recycling 10 place -1JL die bunkll ca die --limier. rada dlaD tbe citizen. He said be
will be doing a redraft of tbal ontillucc. On ~ diftlCled nnli-. lie said, wbich woold include
tbe l1l'O --. dlOle U\IC to go 10 a Sllldy SClliaa aad IIIYe a ti• ewiaa by Council bdore they are
plll c-, die ... He said they will be ...... dley will be• die Sllldy Seaina ...
(b) He --filr .. -----ia &laliw Seaioa .... die .... mecliag to
diaw weplialiw wilb Home .........
COUNCIL DMSIEJl WIGGINS MOVD. ANa IT WAS 5a.'ONN9. 10 GO 1N10
DECU11VE 51:SSION JOU.OWING 1U ltSGUIAa IIUTDIG 10 lll5C1JSS 11010
UJIIU& Nl:GOTIADONS.
A)'CS :
I S. A., .. tJ•--
~..__.v.....,w--.11111 ·t
w..-,.aa,,.a..
No.
MAYN amtN5 MOVED 10 ADIOUUI. 111c aeC1i11a ..,._. • 1:SS p.a .
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PR OCL.-UL\T !O :sl
WHEREAS. t h e F a ir H ousing Act of 1988 furthe r ed the 196 8 . .\ct to en s ure that all
indi vid u als of li k e in co m e . r egar dless oi race . co lo r . r el igi o n . ge nde r . natio n al or igi n .
family s tatus. handi ca p or disab ility . are to have e qual access a nd equal h o u s in g cho ice
available to the m . fr ee fr om discr1 m10 ::1t1 on : a n d
WHEREAS . the e xpans ion of F a ir Hou sing La w protects m e ntally and physic a ll y
ch a lle n ged pe r sons from di s crimination in h o u sin g ;_ and
WHEREAS . the Ci t y of En o-Ie w oo d. Co lor ado welco m es this opportunity to r eaffirm o ur
co mmitm ent to prov1de equal ho u s in g to all peo pl e without r egard to race . co lor. r e ligio n .
sex. hand icap . fam ili al s t atus. o r n ational or igi n : and
\VHEREAS . April marks t h e twen ty-ninth annive r sary of t h e p assage of t h e F e d e r a l
Fai r Ho u s w g La w : a n d
);QW THEREFO RE . I. Thom as J . Burns . '.\l ayo r of the Cit y of Englewoo d . Colorado.
her eby procl aim the month of April, 1997 as :
FAIR HOUSING MONTH
in the City of Englewood . C olorad o. 1 u r ge all Eng le w ood ci tizens to a bide by the Fe deral
Fa1r Hou mg Law , and o acknowledae h e needs of all of our ci t izen s to be affo r ded
hou m g o pportunm es fre fr om all discnm10at1o n .
G fVE'.\" unde r my hand .llld -eal th.t 7th ay of April . 1997 .
Thomas J . Burns. :\layo r
8 a
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P R O C L .-\ ~I A T I O N
WHEREAS. the Fai r Hou s ,ng Act of 1988 furthe r e d t h e 1968 Act t o en s ure th a t a ll
individu a ls of lik e in co m e. r egar d l e ·s of race. co lor . r e li gio n . ge nd e r , nati o n a l or igi n .
fa m ily sta t u s. h a n dica p or d is ab il ity. a r e to h ave eq u a l access a n d eq u a l h o u s in g ch oices
ava il a bl e to th e m . fr ee from discrimin a ti on : a nd
WHEREAS. th e e xpans ion of F a ir Ho u s in g La w p ro t ects me nta ll y a nd phys ica ll y
ch a ll e n ge d pe r son s from di scrim in a tion in h o u . in g; a nd
WHEREAS . the C ity of En g lewoo d . Co lo ra d o welco mes t h is opportunity to r eaffirm o ur
co mmitm e nt to p rov id e e qua l h o us in g to a ll peo pl e w ith o ut r ega r d to race. co lo r . r e li gio n .
sex . handi cap. fa mili a l s t a tu s. or n atio n a l o r igin : a nd
WI-I E REAS . Ap ri l m a rks t h e t w enty-n inth annive r s a r y of t h e pas age of th e F e d eral
Fair H o u in g La w : a nd
NOW TH E REFO RE . I , Tho mas J . Burn s. '.\l ayo r of t h e City of E n g le woo d . Color a d o,
h •re by proc laun t h e month of April. 1997 ,Is
FAIR HOUSlNG MONTH
,n the l'1ty or E n gle woo d . o lo r a do . I urge all Engle wood cmze n s to a bid e by the Fed e ra l
F\11 r Ho usin g Law . a n d to acknow ledge th n eed s ,,f II of o u r c1uz e ns to be affo r dcd
h o usllll..( ,,ppo rt u n1 t 1es fr ee fr o m all discnm,na 110 n
G IVE'.'i u n der my h and a n d ·eal th is 7th day or Apnl, 1997
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PROCLAMATION
WHEREAS . in 1872 J. Sterling Morton proposed to t he Nebraska Board of Agriculture
that a s pecial day be set aside for the planting of trees : and
WHEREAS. Arbor Day is now o bserved t hrou ghout the United States and the world : and
WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut
heating and coo ling costs, moderate the tempe rature. clean the air, produce oxygen and
provide h a bitat for wildlife; and
WHEREAS , trees are a renewable resource giving us paper, wood for our homes. fuel for
our fires and countless other wood products ; and
WHEREAS , trees in the City of Englewood increase property values , e nhance the
eco nomic vitality of business areas, and beautify our co mmunity; and
WHEREAS , trees are a source of joy and s piritual r e newal; and
WHEREAS . the City of Englewood . Co lorado has been recognized as a Tree City CSA by
The ~ational Arbor Day F oundation a nd desires to continue its tree-planting ways ; and
WHEREAS , the State of Co lorado celebrates Arbor Day on the third Friday in April ;
~OW THEREFORE. I. Thomas Bums, Mayor of the City of Englewood , Colorado . h e r e by
proc laim April 18, 1997 as :
ARBORDAY
in the City of Englewood, Co lorado . and I urge all Englewood citizens to support efforts to
care fo r our trees and woodlands and to support our city's community forestry program .
Furthe r , I urge all Englewood citizens to plant trees to gladden the hearts and promote the
well -be ing of present and future generations .
GIVEN under m y hand and seal t ru s 7th day of April. 199i
Thomas J . Bums , Mayor
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PROCLAMATION
WHEREAS , in 1872 J . Sterlin g Morton proposed to the Ne brask a Board of Agri culture
that a s pec ia l d ay be set aside fo r the planting of t r ees; and
WHEREAS , Arbor Day is now obse rve d through out the U nited Stat es a nd the world ; a nd
WHEREAS . tree s can reduce the er osion of our prec iou s t opso il by wind and wat er , cut
heating a nd coo ling cos t s, moderate the t e mper ature, cl e an the air , produce oxygen a nd
prov ide habita t for wildlife; a nd
WHEREAS, trees a r e a r en ewa bl e r esource gi vin g us pape r , woo d for our h omes , fu e l for
our fires and countless othe r wood products; and
WHEREAS , trees in the City of Englewoo d in cr ease pro per ty va lu es , enhan ce the
eco n omic vita lity of bus iness a r ea s , a nd beautify our co mmunit y ; and
WHEREAS , trees a r e a so urce of j oy and s pirit u a l r en e wa l: and
WHEREAS , t h e City of Englewood , Co lor ado h as bee n r eco gniz ed as a Tree C ity USA by
The Nation a l Arbor Da y Foundation a nd desires to conti nue its tree-planting w ays; and
WHEREAS , t h e S t a t e of Co lorado ce le brates Arbor Day on the third Friday in April:
NO W THEREFO RE . I , Thom as Burns, Mayo r of t h e City of Englewood , Co lor a d o, he r e by
proc la im April 18, 1997 as :
ARBORDAY
in the City of En gle wood , Co lor a do. and I urge al l Englewood citi ze ns to s upport efforts t o
car e fo r our t r ees a nd woo dlands a nd to s upport our city's co mmunity fo r estry program .
Further , I urge all Englewood ci tize n s t o plant trees to gla dd en t h e hearts and promote t he
we ll -be in g of presen t a nd future gen e r a ti on s .
G IVE N und e r my h a nd and seal t h1s 7th day of Apri l. 1997 .
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PROCLAMATION
WHERE.AS , industry . business , gove rnme nt a nd the public benefit from
the reso urces of our nation's libraries ; and
WHEREAS , the Englewood Public Library serves citizens of all ages in
Englewood and surrounding communities ; and
WHEREAS, the Englewood Public Library plays an integral role in
meeting the formal and informal ed ucational needs of children and adults;
and
WHEREAS , the Englewood Public Library actively works with the public
s chools to encourage and reinforce the importance of reading;
'.'IOW THEREFORE , I. Thomas J . Burns, Mayor of the City of Englewood.
Co lorado . hereby proclaim the week of April 13 through April 19, 1997 as :
NATIONAL LIBRARY WEEK
in the Ci t y of Englewood , Colorado and urge all citizens to utilize the many
programs of the Englewood Public Library during thi s week and
throughout the entire year .
GTVEi'i under m y hand and seal this ith day of Apri l. 199,.
Thomas J . Burns, Mayo r
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PROCLAMATION
WHEREAS, industry, business. government and the public benefit from
the resources of our nation's libraries ; and
WHEREAS, the Englewood Public Library serves citizens of all ages in
Englewood and surrounding communities; and
WHEREAS, the Englewood Public Library plays an integral role in
meeting the formal and informal educational needs of children and adults: and
WHEREAS , the Englewood Public Library actively works with the public
schools to encourage and reinforce the importance of reading;
NOW THEREFORE, I, Thomas J. Burns, Mayor of the City of Englewood.
Colorado, hereby proclaim the week of April 13 through April 19, 1997 as:
NATIONAL LIBRARY WEEK
in the City of Englewood, Colorado and urge all citizens to utilize the many
programs of the Englewood Public Library during this week and
throughout the entire year.
GIVEN under my hand and seal this 7th day of April , 1997.
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PROCLAMATION
WHEREAS , one violent crime is committed in America every 18 seconds; and
WHEREAS , 36.9 million Americans are vi ctimized in the United States each year and
of those 9 .9 million are victims of violent crime; and
WHEREAS , crime victims play an indispensable role in bringing offenders to justice; and
WHEREAS, law-abiding citizens are no less dese~g of justice, rights, resources ,
restoration and rehabilitation than the violent offenders who victimized them ; and
WHEREAS , crime victims and their advocates over the past two decades have made
unparalleled progress toward balancing the scales of justice in our criminal justice system; and
WHEREAS, the bells of liberty and justice are ringing across America in support of the
millions of survivors of crime, their families and advocates who deserve justice; and
WHEREAS , as a nation devoted to liberty and justice for all, America must increase its
efforts to protect and restore crime victims· rights; and
WHEREAS , the City of Englewood is joining forces with victim service programs,
criminal justice officials and concerned citizens throughout Colorado and America to
observe National Crime Victims' Rights Week ;
NOW THEREFORE, I , Thomas J . Burns, Mayor of the City of Englewood, Colorado,
hereby proclaim the week of April 13 through April 19, 1997 as:
CRIME VICTIMS• RIGHTS WEEK
in the City of Englewood, Colorado and reaffirm a commitment to address victims' rights
and criminal justice issues during 1997 Colorado Crime Victims ' Week and throughout the year .
GIVEN under my hand and seal this 7th day of April, 1997 .
Thomas J . Burns, Mayor
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PROCLAMATION
WHEREAS, one violent crime is committed in America every 18 seconds ; and
WHEREAS , 36.9 million Americans are victimized in the United States each year and
of those 9 .9 million are victims of violent crime; and
WHEREAS , crime victims play an indispensable role in bringing offenders to justice; and
WHEREAS , law-abiding citizens are no less deserving of justice, rights, resources ,
restoration and rehabilitation than the violent offenders who victimized them ; and
WHEREAS, crime victims and their advocates over the past two decades have made
unparalleled progress toward balancing the scales of justice in our criminal justice
system; and
WHEREAS, the bells of liberty and justice are ringing across America in support of the
millions of survivors of crime, their families and advocates who deserve justice; and
WHEREAS , as a nation devoted to liberty and justice for all, America must increase its
efforts to protect and restore crime victims' rights; and
WHEREAS, the City of Englewood is joining forces with victim service programs,
criminal justice officials and concerned citizens throughout Colorado and America to
observe National Crime Victims' Rights Week;
NOW THEREFORE. I , Thomas J . Bums, Mayor of the City of Englewood , Colorado,
hereby proclaim the week of April 13 through April 19, 1997 as:
CRIME VICTIMS• RIGHTS WEEK
in the City of Englewood , Colorado and reaffirm a commitment to address victims' rights
and criminal justice issues during 1997 Colorado Crime Victims' Week and throughout
the year .
GIVEN under my hand and seal this 7th day of April, 1997 .
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PRO C LAMATI O'.'i
WHEREAS . t h ou s ands of dedicated te lecommunicator s daily serve t he citizens of the
U nited Stat es a nd Can ada by an swerin g teleph one calls fo r police . fi r e and e me r ge n cy
medical se rvic es and by dispatching the a ppropri a t e ass is tance as q ui ck ly as possi bl e ; a nd
WHEREAS . the critical functi on s p e r fo rm ed by professi onal telecommunicators a lso
include those r elated to forestry, co nservation operati on s, hi ghway safet y, maintenance
a ct ivities and many othe r operations performed by feder::il. state and local gove rnment agencies ; and
WHEREAS , professional telecommunicators work to improve the emer gency r es po nse
capabilities of these communications syst ems throu gh their leadership and partici patio n
in training and other ac tivities provided by the City of En glewoo d : and
WHEREAS . the Ci ty of En glewoo d is en gaged in the operation of e mer genc y res pon se
co mmunication syst e m s and has set as id e t he seco nd week in April to r ecognize
telecommunicato r s a nd their crucial role in the prot ection of life and prope rty:
'.'lOW THEREFORE . l. Thomas J . Burns, Mayo r of the City of Eng lewood.
Co lor a d o. he r e by proclaim the week of April 13, 1997 -April 19, 1997 as :
ENGLEWOOD TELECOMMUNICATORS WEEK
in t h e C ity of En glewo od . Co lorado in honor and recogn ition of our municipality 's
t eleco mmunicator s and the vital co ntributio n s they make to the safety and well-being of our citize n s .
G IVEN unde r my hand and seal this 7th day of April, 199 7,
Thom as J . Burns. Mayo r
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PRO C LAMATION
WHEREAS , thousands of dedicated telecommunicators daily se r ve t he citi ze n s of the
U nited States and Canada by a n s wering telephone ca ll s for poli ce . fir e a nd e m e r ge ncy
m edical servic es and by disp a tching the a ppropriate ass is tance as quickly as poss ibl e: a nd
WHEREAS. the critical fun ctions performed by professional t e leco mmuni cat o r s a lso
include those related t o for estr y , conservation operations , hi ghway safe t y. m a inte n a nce
activities and many other operations pe rform ed by fe deral. s t a t e and local governm e nt
agencies ; and
WHEREAS , profess ional t e lecommunicators work to improve the eme r ge ncy r es pon se
capabilities of these communications syst e ms through their leader s hip a nd partici pa tion
in training and othe r activities provided by the City of Englewood : a nd
WHEREAS , the C ity of Engl ewoo d is engaged in the operation of e me r gen cy r es pon se
co mmunica tion syst e ms and has set aside the seco nd wee k in April to r ecognize
t e leco mmunicators and their crucial rol e in the protection of li fe and pro pe rty:
NOW THEREFORE, I, Thomas J . Burns , Mayor of th e City of En glewood ,
Co lorado. her e by proclaim the week of April 13, 1997 · April 19, 1997 as:
ENGLEWOOD TELECOMMUNICATORS WEEK
in the City of Englewood , Colorado in honor and recognition of our muni cipa lity 's
t e leco mmunicators and the vital contributions they make to the safet y a nd we ll-b e in g of
o ur ci tiz e n s .
GfVEN und e r my hand and seal this 7th day of April. 1997.
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MS. Ann Nabholz
City of BDqlewood
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Clean, Green• Pouc1 coaaiaaion
2900 s. Delaware st.
lnqlewood, co. 80110
February 4, 1997
Dear Ann,
FED -7
Pl•••• accept ay re•iCJDation froa the Clean, Green• Proud
Coaaisaion. Aa ay position at Laidlaw vute Sy•t-• was
recently terainated by the new aana9~t teu, I u
considerinq job opportuniti•• outaide the atate.
It was a pleaaure to ••rv• on the coaaisaion and I wish
you the very heat in Your effort• to attain a city council
position.
Take care!
Sincerely,
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Do you have the mo~ for ~ / C 0
concrete replacements adjacent to ~ 0 1 {7)
your home or business?
~~The City of Englew~ Public Works Department is proposing a program
~ r to make concrete maintenance mott eff1eie11t and Ins upelUive.
The Concrete Utility Pl'Olram will be the subject of a
public hearing at the Englewood City Council meeting on
Monday April 7, 1997 .
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0o you have the money for ~p
concrete replacements adjacent to
your home or business?
~~The City of Englewood Public Works Department is proposing a program .. r to make concrete maintenance more efficknt and less expensiVt!.
The Concrete Utility Program will be the subject of a
public hearing at the Englewood City Council meeting on
Monday April 7, 1997.
What you should know about the Concrete Utility Program
CJThe Concrete Utility Program offers homeowners a more convenient, inexpensive method of
paying for concrete maintenance of curbs, gutters and sidewalks along the street.
CJUnder the program, property owners will be charged an annual fee, to appear on your quarterly
water bill. This money will be put into a collective concrete maintenance fund. When the
concrete adjacent to your property needs fixing , the City will then draw from this fund to
replace the concrete.
CJThe annual Concrete Utility fee is based on the total area of concrete adjacent to your property,
multiplied by a rate of 7.8¢ per square foot.
CJThe fee for 1111m property owners will be around $25 a year. Without the Concrete Utility, the
same property owners could face a cost of about $1 ,500 to replace concrete just once.
CJlf you live on a comer lot, the City will provide you with a contribution to help compensate for
the extra concrete surrounding your propeny.
CJThe C ity of Englewood will be charged a Concrete Utility fee for City facilities , contributing
to the fund just like homeowners and commercial and industrial businesses.
CJYou may choose to opt out of the program and continue to be responsible for the concrete
adjacent to your property.
CJYou are welcome to participate in the public hearing on this issue.
Public Hearing Notice
-/ I D-'r1 Monday April 7, 1997
J ~ 21 1 l ~~ E.pglewood City Council Cbamben ,.{ ~~y~ 3400S.ElatiSt.
_;:--~I\\, QJ.J-l.. 7:30 p.m.
--For more information on the Concrete Utility Prosram, please caU
_..., . , the Departm~n of Public Works at 762-~e ~ J. _ _.u.,-e
Vv~-v -Jvu ;J:;~"'-. _-L ~~-,
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April 1, 1997 :....._~ ·---------~-----
Dear Kingdom of Englewood,
Thia concrete plan is nothing but extortion! The fact that JOU are having a public meeting is only a
technicality. You will do what JOU want anyway! Just like the Cindaella city project. And the TtOlley
Scpme fiasco . Millions spent only to be tom down for a parking lot.
Your letter makes it sound like such a bqain, only $2S a ,ear. My sidew:alk is perfectly good and
flat with no cncks and has been for many years. But I haft the sneaking -pic:ion it will suddenly need
$1500 worth of repain with this new plan. I haft llkat pictura of l1IJ sidewalk for luture rdmnc:e.
Speaking of the Cinderella City project. &iglewood needs m 18 theater mmp1cx like JOU need
another hole in your collective heads. Put in a Walamt oc a Taget and JOU will get a huge tu bale for the
city. In aae JOU haven't noticed, the surrounding neighborhoods are mostly low to middle income and
fised income older people who cannot affixd the "Cllsry Creek'" tJpe stora. Just think of the revenue JOU
haft lost Oft!' the years since we all haft to dme ID IOUlhwat Demer to find my retail shopping. I bet
Lakewood officiall dieemf when d,ey heard your plans for a mcme theater a,mplex. You CX>Uld haft made
a lot of amaete repairs and had plenty left mer.
It's a wonder Englewood IUfflYa with the leadership we haft. But somehow it does. Great
schools, pat small town feeling and low aime rate among other things. Maybe that's your problem, JOU
think small town.
Sincerely,
A Concerned Citizen
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' Do you hav e money for ____ ?(~oh1
concrete replacements adjacent to
your home or business? #R 3
~~The City of Englewood Public Works Department is proposing a program
~ r to make concrete maintenance mott eff,cient and less expensive.
Tbe Concrete Utility Program will be the subject of a
public hearing at the Englewood City Council meeting on
Monday April 7, 1997.
What you should know about the Concrete Utility Program
ClToe Concrete Utility Program offers homeowners a more convenient. inexpensive method of
paying for concrete maintenance of curbs, gutters and sidewalks along the street.
ClUnder the program. property o\Wlers will be charged an annual fee. to appear on your quarterly
water bill. This money will be put into a collective concrete maintenance fund. When the
concrete adjacent to your property needs fixing, the City will then draw from this fund to
replace the concrete .
ClThe annual Concrete Utility fee is based on the total area of concrete adjacent to your property,
multiplied by a rate of 7.8¢ per square foot.
ClToe fee for DlQSl property O\\ners will be around $25 a year. Without the Concrete Utility, the
JcUlle property owners could face a cost of about S 1,500 to replace concrete just once.
)illf you live on a corner lot. the City will provide you with a comribulion to help compensate for .
the extra concrete surroundin& your property. ·
ClToe City of Englewood will be charged a Concrete Utility fee for City facilities, contributing
to the fund just like homeowners and commercial and industrial businesses .
Cl You may choose to opt out of the program and continue to be responsible for the concrete
adjacent to your property .
ClYou are welcome to participate in the public hearing on this issue .
Public Hearing Notice
Monday April 7, 1997
En1lewood City Council Cbamben
3400 S. Elati St.
7:JO
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Public Hearing City of Englewood
Proposed Concrete Utility
April 7, 1997
(For Council Review)
Proposed Revision to Council Bill No. 14
Current:
1~7: EXEMPTION FOR CORNER PROPERTIES:
A. LOTS OR PARCEIS OF LESS THAN ONE CITY BLOCK THAT FRONT ON MORE THAN
ONE STREET OR OTHER TYPE OF PUBLIC RIGHT OF WAY, EXCLUDING ALLEYS, WILL
CONSIST OF PRIMARY AND SECONDARY FRONTAGES AND MAY BE ALLOWED AN
EXEMPTION OF 70% OF THE TOTAL AREA OF CONCRETE ALONG THE SECONDARY
FRONTAGES, WHERE THE FEE FOR SAID EXEMPTION WILL BE PAID BY THE CITY.
8. THE STREET ALONG WJUCH THE LOT OR PARCEL IS LEGALLY ADDRESSED WILL BE
A PRIMARY FRONTAGE. SOME PARCEIS MAY HAVE MORE THAN ONE PRIMARY
FRONTAGE AS DETERMINED BY THE CITY.
Proposed Revision:
114-7: CITY CONTlllBUTION FOR CORNER PROPERTIES:
A. TIIE S11lEET ALONG WHICH 11iE LOT OR PARCEL IS LEGALLY ADDRESSED, OR S11lEETS
PARALLEL OR NEAJlL Y PARALLEL 111ERETO, SHALL BE DESIGNATED AS PRIMARY
FRONT AGES, EXCEPT WHERE 11iE OWNER HAS NO ACCESS TO TIIE ABU1TING STREET,
WHICH SHALL BE DESIGNATED AS A SECONDARY FRONTAGE.
B. SlllEETS PERPENDICULAR OR NEARLY PERPENDICULAR TO PRIMARY FRONTAGES WILL BE
DESIGNATED AS SECONDARY FRONTAGES.
C. TifE CITY WILL CONTIUBun: 70% OF 11iE FEE FOR SECONDARY FRONTAGES, BASED ON TIIE
AREA OF CONCRETE TIIEREOF .
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CITY OF ENGLEWOOD
CONCRETE UTILITY 1997
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PUBLIC HEARING APRIL 7, .1997
Englewaad City Han
Public Worb Department
Chat1el Esllrty, Oireca d Pubic Works
Rick Kllhm, EnglnNring Manager
Linda Wllcl, Depar1rnent Spec111i1t
762-2300
762-2500
762-2503
762-2500
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Public Hearing
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City of Englewood
Proposed Concrete Utility
Proposed Schedule
December 9, 1996 Study Seaion -review Draft Prapoeal
April 7, 1997
March 3, 1997 Council preH ,tatloi'I, intro Ordinance, set date for Public Hearing
April 7, 1997 Public Hearing
April 21, 1997
May5, 1997
May 8, 1997
June 8, 1997
June 23, 1997
An*1d Ordinance (if reqund)
Ordinance on uc:ond reading
Publish Ordinance
Ordinance in ful force & effect
Begin a.ng Utility Fee (July 1st cycle)
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'32xl
•
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(.
Do you have the money for
concrete replacements adjacent to
your home or business?
{' ~ The City of Englewood Public Works Department is proposing a program ~ ~ to make concrete maintenance more ejjicient and less expensive.
The Concrete Utility Program will be the subject of a
public hearing at the Englewood City Council meeting on
Monday April 7, 1997.
What you should know about the Concrete Utility Program
QToe Concrete Utility Program offers homeowners a more convenient. inexpensive method of
paying for concrete maintenance of curbs , gutters and sidewalks along the street.
OUnder the program. property owners will be charged an annual fee. to appe:ir on your quanerly
water bill. This money will be put into a collective concrete maintenance fund. When the
concrete adjacent to your property needs fixing, the City will then draw from this fund to
replace the concrete.
0Toe annual Concrete Utility fee is based on the total area of concrete adjacent to your property,
multiplied by a rate of 7.8¢ per square foot.
0Toe fee for JD12n property owners will be around S25 a year. Without the Concrete Utility, the
same property owners could face a cost of about Sl,500 to replace concrete just once .
Qlf you live on a comer lot. the City will provide you with a contribution to help compensate for
the extra concrete surrounding your property.
QToe City of Englewood will be charged a Concrete Utility fee for City facilities. contributing
to the fund just like homeowners and commercial and industrial businesses .
0You may choose to opt out of the program and cominue to be responsible for the concrete
adjacent to your property.
0You are welcome to panicipatc in the public he:uing on this issue .
Public Hearing Notice
Monday April 7, 1997
En1lewood City Council Cbamben
3400 S. Elati St.
7:30 p.m.
For mon iaformatioa oa die Coacnta Udlily r,...., pllaM call
die Deparmmt of P1lbUc \\/em at 762-251'7.
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TYPICAL CONCRETE SECTIONS
PER RUNNING LINEAL FOOT
,, / -·---•aunu •ni • =:.:~ -• l'OUIIQI
SECTION OF VERTICAL CURB a GUTTER a SIOEWAu<
SECTION OF 4" ClJ!SWAL1< I
·"rN • Jl.5 SF/lF
R-. & Raobice 9" fflidc 123.40/lF
FEE• 51C/lF Pw ,-
,., .. •_ 5.2!1 ..8F /LF
"-& Raplace 4" lllicl< S81 .00/lF
FEE • 41CllF Pw War
Area• 1 .15 SF/lF
z.,,.-flenlowe I IIIDiace 4" llti 132.00/LF
FEE • l51C/LF Pw War
,SECTION OF 4" 9,/RBMLK lI
-Other factors affecting coat. which are not included In Hie prtcee above are:
Concrete Sawing and Removal & Repfacemem ol Aipflalt
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P.ublic Hearing
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City of Englewood
Proposed Concrete Utlllty
TYPICAL CORNER FEE AND CITY CONTRIBUTION
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125'
AREA= 569SF
~ FEE = $44.38
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AREA= 569SF
FEE = $44.38
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April 7. 1997
City VOii
0wner I l
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Public Hearing
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City of Englewood
Proposed Concrete Utility
April 7, 1997
Voluntary Non-Participation Provision
The propoaed Concrete Utility will offer a •voluntary non-participation provwon•
whereby an owner may elect not to participate in the program. Ownen who •opt-out" of
the program will retain the option of buying back into the program at a later date.
Subaequent ownen may a1ao buy back into the proeram at any time.
To opt-out of the Utility, an owner muat execute a Volunta,:y Non-Participation
A4f,wmer&t with the City. Thia will be a formal lepl instrument that will be recorded with
the County to aerve notice on any party that baa an interest in the property (e.g.
mortpcor) or any parties who may have a future interest (e.g. a prospective buyer).
Thia agreement will stipulate:
• To buy back into the program, all existing concrete muat be brought into compliance
with City standarda, at owner's expense.
• All back Concrete Utility fees muat be paid in full
• Owner undentanda agreement will be recorded. and will aerve legal notice to any
future purchaser of their property.
Note that an owner may not opt-out of the proeram by default (simply refusing to pay the
Utility fees). Opting-out can only be done by an affirmative act (executing a Volimtar:Y
Non-Participation A,,nmer&t).
Nothina in the Voluntary Non-Participation Prem.lion of the prosram relieves an owner
of responaibility for maintaininc the concrete ad,jacent to the owner's property to City
standards.
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ORDINANCE NO. _
SERIES OF 1997
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BY AUTHORITY
A BILL FOR
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COUNCll. Bll.L NO. 14
INTRODUCED BY COUNCll. MEMBER _____ _
AN ORDINANCE CREATING A CONCRETE UTILITY AND CONCRETE
UTILITY ENTERPRISE FUND FOR THE CITY OF ENGLEWOOD, COLORADO.
THE PURPOSE OF Till$ ORDINANCE IS TO PROTECT THE PUBLIC HEALTH,
SAFETY AND WELFARE AND TO COMPLY WITH ALL APPLICABLE
FEDERAL AND STATE LAWS WHICH REGULATE THE CONCRETE UTILITY
BY CREATING IN TITLE 12, A NEW CHAPTER 8 -CONCRETE UTILITY AND
CONCRETE UTILITY ENTERPRISE FUND.
WHEREAS, in order to promot.e the public health, safety, and welfare by
controlling the costs of concret.e replacement and repair within the City of Englewood,
Colorado; and
WHEREAS, to establish a Concrete Utility and Concrete Utility Enterpriae Fund to
reallocat.e the cost and responsibility of maintaining the City's concrete
infrastructure; and
WHEREAS, ll-3B-l, E.M .C. makes it the responsibility olf!ffrf property owner to
maintain the concrete curbs, gutters, and sidewalb IMijacent to their property; and
WHEREAS, the City ia respomible for maintaining all r-a1inin1 amc:rete:
retuma, catch buina, croupans, concret.e alleys, and alley entrancN; and
WHEREAS, the Coac:rete Utility and Concrete Utility Enterpriee Fund will provide
• type af "concrete UIIW'IIICe" •t • reuoneble cost ($5 to $7 per quarter fur a typical
residential property) and• coavenient w•y to pay (96% of the fees could be eoUeeted
with the water and -billa); and
WHEREAS, the City would contribute ite llbare of the fees jut lib any private
owner; and
WHEREAS, tbia new Chapter will provide fur• portion olthe c:oncnt.e feN on
comer properties to be eumpt u • rwult al• reduction in fees to conaer propertiea
which the City in pneral would pey for; and
WHEREAS, the En,tewood City Council ftnda that each owner of a lot or parcel of
real property within the City, should pay for the UN and the availebility ol UN of the
Concrete Utility and Concrete Utility Enterprise Fund; and
WHEREAS, there will be a fee impoaed for UNn of the Concrete Utility for the
replacement and repair of concrete u deacribed in thia Chapter; and
WHEREAS, 1uch fee will be bued upon the amount ol concnte attributable to the
property pursuant to tbia Ordinance;
NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
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5ef;tign 1 . The City Council of the City of Englewood, Colorado hereby approves the
creation of a Concrete Utility and Concrete Utility Enterprise Fund by adding a new
Chapter 8, t.o Title 12 of the Englewood Municipal Code 1985, which shall read as
follows:
12-8: CONCRETE UTILITY AND CONCRETE UTILITY ENTERPRISE FUND:
12-8-1: DEFINITIONS:
BACK OF WALK:
CORNER PROPERTY:
IMMEDIATELY ADJACENT :
INFRASTRUCTURE CONCRETE:
SIDEWALK:
THE EDGE OF A SIDEWALK
IMMEDIATELY ADJACENT TO THE
PROPERTY LINE.
A LOT/PROPERTY AT THE
JUNCTION OF AND ABUTTING
UPON, TWO (2) OR MORE
INTERSECTING STREETS HAVING
AN INTERIOR ANGLE OF
INTERSECTION OF NOT MORE
THAN ONE HUNDRED THIRTY-
FIVE DEGREES (135°).
NEAREST TO, BUT NOT
NECESSARILY TOUCHING.
CONCRETE THAT IS NON-
ADJACENT TO PROPERTY LINES.
(E.G. CURB RETURNS, CROSSPANS,
CONCRETE ALLEYS AND ALLEY
ENTRANCES).
CONCRETE SIDEWALKS WHICH
ARE CONSTRUCTED FOR THE USE or PEDESTB.IANS AND WHICH
ARE LOCATED BETWEEN THE
ROADWAY OR CURB AND PRIVATE
PROPERTY LINES .
lS-S.I: BlJLE8 AND BBGULAflONB; AIIBNDIIDft'8c
RULES AND REGULATIONS or THE CONCRETE t.mLITY AND CONCRETE
UTILITY ENTERPRISE FUND IIAY BE ALTERED, AMENDED , OR ADDED TO
FROM TIME TO TIME BY APPROVAL OF THE CITY COUNCIL. SUCH RULES
AND REGULATIONS , TOGETHER WITH ALL AMENDMENTS, SHALL BE
AVAILABLE FOR INSPECTION AT CITY HALL .
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~ CONCRETE UTILITY:
A. THERE IS HEREBY CREATED A CONCRETE UTILITY AND CONCRETE
UTILITY ENTERPRISE FUND UNDER THE CONTROL OF THE CITY
MANAGER, EMPOWERED TO IMPLEMENT THE PROVISIONS OF THIS
CHAPTER.
B. THE CITY MANAGER, SHALL BE RESPONSIBLE FOR THE
MANAGEMENT OF THE CONCRETE UTILITY AND CONCRETE
UTILITY ENTERPRISE FUND . THE CITY MANAGER OR IDS
DESIGNEE MAY PRESCRIBE FORMS, RULES AND REGULATIONS IN
CONFORMITY WITH THIS CHAPl'ER; FOR THE ASCERTAINMENT,
COMPUTATION AND COLLECTION OF THE FEES AND CHARGES
IMPOSED IN THIS CHAPl'ER AND ANY FUTURE RESOLUTIONS OF
THE CITY COUNCIL; AND FOR THE PROPER ADMINISTRATION AND
ENFORCEMENT OF TIDS CHAPl'ER. THE CITY MANAGER MAY
DELEGATE THE ADMINISTRATION OF THIS CHAPTER OR ANY
PART THEREOF, SUBJECT TO THE UMITATIONS OF THE CHARTER
AND CODE, TO DULY QUALIFIED DEPUTIES AND AGENTS OF THE
CITY MANAGER. THE CITY MANAGER SHALL BE EMPOWERED TO
MAKE DETERMINATIONS AS TO PROPER RESOLUTION OF DISPUTES
ARISING FROM THIS CHAPl'ER, SUBJECT TO APPEAL.
lJ.M: SCOPE:
A. ONLY CONCRETE CURBS, GUTTERS, SIDEWALKS, DRAINAGE
FACILITIES, AND OTHER ASSOCIATED CONCRETE LOCATED
WITHIN THE RIGHT-OF-WAY OF A PUBLIC STREET, BETWEEN THE
BACK OF SIDEWALK ON ONE SIDE OF THE STREET AND THE BACK
OF SIDEWALK ON THE OTHER SIDE OF THE STREET, IS ELIGIBLE
FOR COVERAGE UNDER TIDS CHAPl'ER. GENERALLY, CONCRETE
BEYOND THESE LIMITS (BETWEEN BACK OF WALK AND PROPERTY
LINES) IS EXCLUDED FROM COVERAGE; ALTHOUGH EXCEPTIONS
MAY BE ALLOWED AT THE DISCRETION OF THE CITY MANAGER OR
HIS DESIONEE.
B . CONCRETE SITUATED ON PRIVATE PROPERTY IS NOT ELIGIBLE
FOR COVERAGE UNDER TIDS CHAPTER.
C. THE UTILITY FEE FOR CONCRETE IMMEDIATELY ADJACENT TO
PRIVATE PROPERTY WILL BE CHARGED TO THE OWNER OF SAID
PROPERTY; FEES FOR NON-ADJACENT CONCRETE, BUT WITHIN
THE ABOVE DEFINED LIMITS , WILL BE PAID BY THE CITY.
D .
E .
THE CITY WILL BE A FULL PARTICIPANT IN THE CONCRETE
UTILITY, PAYING THE SAME FEE AS OTHER PARTICIPANTS BASED
ON THE AREA OF INFRASTRUCTURE CONCRETE AND CONCRETE
ADJACENT TO CITY FACILITIES.
MAINTENANCE OF CONCRETE IN PUBLIC ALLEYS REMAINS THE
RESPONSIBILITY OF THE CITY.
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F . THIS CHAPTER DOES NOT APPLY TO NEW CONCRETE, ONLY
MAINTENANCE OF EXISTING CONCRETE.
1W: AUGMENTS-DOBB NOTBBPIACB Dl8'hNG PltOVIIIION&
A . THIS CHAPTER IS INTENDED TO AUGMENT EXISTING PROVISIONS
OF THE ENGLEWOOD MUNICIPAL CODE BY PROVIDING FOR AN
ALTERNATE MEANS OF FUNDING REPAIRS. OWNER'S
RESPONSmILITY UNDER 11-38-1 OF THIS CODE DOES NOT CHANGE .
B. EXCEPI' AS AMENDED , EXISTING LAW DOES NOT CHANGE .
1J.8.4k U8Ell FBI:&
A . THERE IS HEREBY IMPOSED ON EVERY LOT OR PARCEL OF LAND
WITHIN THE CITY A CONCRETE UTILITY FEE. THE CONCRETE
UTILITY FEE SHALL BE REVIEWED ANNUALLY AND SET FROM
TIME TO TIME BY ORDINANCE OF THE CITY COUNCIL AND SHALL
BE BASED UPON THE AREA OF CONCRETE IMMEDIATELY
ADJACENT TO THE LOT OR PARCEL.
B . ALL MONIES RECEIVED BY THE CITY UNDER THIS CHAPTER SHALL
BE PLACED IN A SEPARATE ACCOUNT AND EXPENDITURES
THEREOF SHALL BE MADE ONLY FOR THE PURPOSE OF:
1. CONSTRUCl'ION, INSTALLATION, REPAIR, MAINTENANCE,
IMPROVEMENT, REPLACEMENT AND RECONSTRUCTION OF
PUBLIC CONCRETE IN THE CITY AND ALL OTHER FACILITIES
NECESSARY TO ADEQUATELY PROVIDE FOR
TRANSPORTATION IN THE CITY.
2. FUNDING OF ALL COSTS, INCLUDING BUT NOT LIMITED TO
ADMINISTRATIVE COSTS, STUDIES, EQUIPMENT,
CONSULTANTS, LABORATORY TESTING, PERSONNEL COSTS,
AND SYSTEM IMPROVEMENTS, NEEDED TO COMPLETE THE
STUDIES AND MANAGEMENT PROGRAMS NECESSARY TO
BRING THE CONCRETE WITHIN THE RIGHT-OF-WAY OF THE
PUBLIC STREETS INTO COMPLIANCE WITH ALL STATE AND
FEDERAL REGULATIONS AND THE REQUIREMENTS OF THE
CITY AS CONTAINED HEREIN.
3 . REIMBURSING OF OTHEll CITY FUND DIVISIONS FOR
EXPENSES INCURRED IN THE OPERATION, REPAIR AND
MAINTENANCE OF THE CONCRETE WITHIN THE RIOHT-OF-
WAY OF THE PUBLIC STREETS. ALL REIMBURSEMENTS MUST
BE PROPORTIONAL TO SERVICES UNDERBD BY OTHER
DEPARTMENTS, AND, LIKEWISE, PROPORTIONAL CREDITS
SHALL BE RECEIVED FOR SERVICES RENDBRBD TO OTHER
DEPARTMENTS BY THE CONCllBTE UTILITY.
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C. THE ENGLEWOOD CITY COUNCIL HEREBY GIVES APPROVAL OF
ESTABLISHMENT OF A CONCRETE UTILITY USERS FEE OF SEVEN
AND EIGHT-TENTHS CENTS ($0.078) PER SQUARE FOOT OF
CONCRETE PER ANNUM .
D . THE CITY MAY PLEDGE CONCRETE UTILITY ENTERPRISE FUND
FEES COLLECTED UNDER THIS CHAPTER, AND THOSE
ANTICIPATED TO BE COLLECTED, TO THE RETIREMENT OF THE
PRINCIPAL AND INTEREST OF REVENUE OR GENERAL OBlJGATION
BONDS ISSUED BY THE CITY FOR FINANCING ANY OF THE
ACTIVITIES OF THIS CHAPTER .
E. THE CITY MAY PLEDGE CONCRETE UTILITY ENTERPRISE FUND
FEES COLLECTED UNDER THIS CHAPTER, AND THOSE
ANTICIPATED TO BE COLLECTED, TO PARTICIPATE WITH OTHER
PUBlJC ENTITIES, HAVING A COMMON INTEREST, IN CONCRETE
UTILITY PROJECTS.
~7: EXEMPnON FOR CORNER PROPEllTIB8:
A. LOTS OR PARCELS OF LESS THAN ONE CITY BLOCK THAT FRONT
ON MORE THAN ONE STREET OR OTHER TYPE OF PUBlJC RIGHT OF
WAY, EXCLUDING ALLEYS, WILL CONSIST OF PRIMARY AND
SECONDARY FRONTAGES AND MAY BE ALLOWED AN EXEMPTION
OF 70% OF THE TOTAL AREA OF CONCRETE ALONG THE
SECONDARY FRONTAGES , WHERE THE FEE FOR SAID EXEMPTION
WILL BE PAID BY THE CITY.
B . THE STREET ALONG WIUCH THE LOT OR PARCEL IS LEGALLY
ADDRESSED WILL BE A PRIMARY FRONTAGE . SOME PARCELS MAY
HAVE MORE THAN ONE PRIMARY FRONTAGE AS DETERMINED BY
THE CITY .
12-8-8: TEMPORARY DBIIPflON FOR CONcarn: UNDD WAIUlANTY •
PAll'nAL BEDUcnON IN nm&
A . CITY ORDINANCE 11-38-9, E.M.C ., REQUIRES CONCRETE
CONTRACTORS TO WARRANT THEIR WORK FOR TWO YEARS
FROM THE DATE OF COMPLETION . ANY EXISTING CONCRETE
COVERED BY THIS TWO YEAR WARRANTY, OR ANY FUTURE
CONCRETE NOT CONSTRUCTED BY THE UTILITY MUST BE
COVERED BY A WARRANTY AND WILL BE TEMPORARILY
EXEMPTED FROM UTILITY FEES FOR THE WARRANTY PERIOD .
B . ONCE THE CONCRETE WARRANTY EXPIRES, THE TEMPORARY
EXEMPTION WILL EXPIRE , AND THE OWNER WILL BE REQUIRED TO
RESUME PAYMENT OF FULL FEES . THE FEE WILL BE PRORATED TO
THE DATE OF THE EXPIRATION .
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C. TlllS TEMPORARY EXEMPTION WILL BE ALLOWED ONLY FOR THE
AMOUNT OF WORK ACTUALLY CONSTRUCTED (I .E. THE ENTIRE
PROPERTY IS NOT EXEMPT, ONLY THAT PORTION OF THE
CONCRETE ACTUALLY BUILT).
12-8-9: BILLING AND PAYMENT OF FEES:
A . THE CONCRETE UTILITY FEES SHALL BE BILLED AND COLLECTED
WITH THE QUARTERLY WATER AND SEWER BILL FOR THOSE LOTS
OR PARCELS OF LAND UTILIZING CITY UTILITIES AND BILLED AND
COLLECTED SEPARATELY AS FOR THOSE LOTS OR PARCELS OF
LAND NOT UTILIZING CITY WATER AND SEWER UTILITIES.
B. THE FEES CHARGED IN EACH BILLING PERIOD ARE EFFECTIVE
UPON MAILING THE BILL OR NOTICE TO THE LAST KNOWN
ADDRESS OF THE UTILITY USER SHOWN ON THE RECORDS OF THE
CITY'S UTILITIES DEPARTMENT.
C . ALL CHARGES FOR THE USE OF THE CONCRETE UTILITY
PRESCRIBED BY THIS CHAPTER ARE DUE WITHIN THIRTY (30) DAYS
AFTER THE DATE OF THE BILL AND ARE PAYABLE AT CITY HALL .
12-8-10: DELINQUENCY AND COLLECnON:
A . DELINQUENCY SURCHARGE . FEES LEVIED IN ACCORDANCE WITH
THIS CHAPTER SHALL BE PAID WITHIN THIRTY (30) DAYS FROM
THE DATE OF BILLING TO THE CITY. IF THE BILL IS NOT PAID
WITHIN SIXTY (60) DAYS AFTER BILLING, IT SHALL BE DEEMED
DELINQUENT WHEREUPON A TWENTY-FIVE PERCENT (25%)
SURCHARGE SHALL BE IMPOSED FOR COLLECTION SERVICES.
8 . NONPAYMENT. ALL FEES AND ANY ACCRUED SURCHARGES SHALL
BE A LIEN UPON THE BILLED PROPERTY FROM THE DATE SAID FEES
BECOME DUE UNTIL SAID FEES ARE PAID . THE OWNER OF EVERY
STRUCTURE OR PREMISES SHALL BE LIABLE FOR THE FEES, WHICH
LIEN OR LIABILITY MAY BE ENFORCED BY THE CITY BY AN ACTION
AT LAW OR SUIT TO ENFORCE THE LIEN. IN THE CASF.: WHERE THE
TENANT IN POSSESSION OF ANY PREMISES PAYS THE FEES, IT
SHALL RELIEVE THE PROPERTY OWNER FROM SUCH OBLIGATIONS
AND LIEN, BUT THE CITY SHALL NOT BE REQUIRED TO SEEK
PAYMENT FROM ANY PERSON OTHER THAN THE PROPERTY
OWNER. NO CHANGE OF OWNERSHIP SHALL AFFECT THE
APPLICATION OF THIS CHAPTER, AND THE FAILURE OF ANY
OWNER TO DISCOVER THAT HE PURCHASED PROPERTY AGAINST
WHICH A LIEN FOR FEES OR SURCHARGE EXISTS SHALL IN NO WAY
AFFECT HIS LIABILITY FOR SUCH PAYMENT IN FULL. SAID
DELINQUENT PAYMENTS, AND THE LIEN CREATED THEREBY,
SHALL BE ENFORCED BY ASSESSMENT UPON THE PROPERTY AND
PREMISES SO SERVED AND CERTIFICATION THEREOF TO THE
COUNTY TREASURER FOR COLLECTION.
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12-8-11: DEFERMENT PROVISION:
A . ELIGIBLE PROPERTY OWNERS SHALL BE ALLOWED TO DEFER
PAYMENT OF FEES UNTIL TRANSFER OF OWNERSlilP TO
ANOTHER PERSON. ALL BACK FEES, PLUS INTEREST AT A RATE
DETERMINED BY COUNCIL RESOLUTION AND SHALL BECOME DUE
AND PAYABLE WITH TRANSFER OF OWNERSHIP.
B. PROGRAM ELIGIBILITY IS DETERMINED BY THE ENGLEWOOD
HOUSING AUTHORITY, ACCORDING TO FEDERAL STANDARDS
INCLUDING VARIOUS FACTORS SUCH AS AGE, DISABILITY, INCOME
LEVEL, AND THE ASSETS OF THE OWNER.
C . APPLICATIONS WILL BE SUBMITTED TO THE ENGLEWOOD
HOUSING AUTHORITY, WHO WILL PROCESS ALL APPLICATIONS
A."ID DETERMINE ELIGIBILITY.
E . APPLICATION FOR DEFERRAL CAN BE MADE AT ANY TIME .
12-8-12: VOLUNTARY NON-PARTICIPATION PROVISION:
A . OWNERS MAY ELECT TO "OPT-OUT" OF THE UTILITY (NOT PAY
UTILITY FEE) AND FUND ALL REPAIRS PERSONALLY
B . OWNERS WHO CHOOSE TO OPT-OUT OF THE PROGRAM MUST
EXECUTE A VOLUNTARY NON-PARTICIPATION AGREEMENT.
1 . THE AGREEMENT WILL STIPULATE THAT IN ORDER TO
RE-ENTER THE UTILITY:
a . ALL BACK FEES MUST BE PAID IN FULL.
b . ALL CONCRETE MUST BE BROUGHT INTO COMPLIANCE
WITH CITY STANDARDS, (I .E . REPAIRED) AT OWNERS
EXPENSE .
C. THE AGREEMENT WILL ALSO STIPULATE THAT THE AGREEMENT
WILL BE FILED WITH THE COUNTY CLERK AND RECORDER, AND
WILL SERVE AS LEGAL NOTICE TO ANY FUTURE PURCHASER, OR
OTHERS WITH A CURRENT OR FUTURE FINANCIAL INTEREST IN
THE PROPERTY.
D . NON-PAYMENT OF FEES WILL BE DEEMED A DELINQUENT
ACCOUNT AND WILL NOT BE CONSIDERED AS A GROUND FOR NON-
PARTICIPATION IN THE CONCRETE UTILITY PROGRAM. (I.E.
VOLUNTARY NON-PARTICIPATION REQUIRES AN AFFIRMATIVE
ACT TO "OPT-OUT" BY EXECUTING AN AGREEMENT, A PROPERTY
OWNER MAY NOT JUST REFUSE TO PAY THE FEE).
E . THE OWNER UNDERSTANDS THAT HE WILL BE RESPONSIBLE FOR
ALL REPAIRS (OPTING-OUT OF FEE DOES NOT CHANGE
RESPONSIBILITY TO MAINTAIN CONCRETE).
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IS,8-13: ADIIINISTllA'nVE REVIEW AND APPEALS: ANY OWNER WHO
DISPUTES THE AMOUNT OF THE CHARGES MADE PURSUANT TO
TIUS CHAPl'ER, OR WHO DISPUTES ANY OTHER DETERMINATION
MADE BY OR ON BEHALF OF THE CITY PUBSUANT TO TIUS
CHAPl'ER, MAY PETITION THE CITY MANAGER FOR A HEARING ON
A REVISION OR MODIFICATION OF SUCH CHARGE OR
DETERIIINATION NO LATER THAN TIURTY(30) DAYS AFTER
HAVING BEEN BILLED FOR SUCH CHARGE OR Ar1'ER HAVING BEEN
NOTIPIBD OF SUCH DETERMINATION. THE CITY MANAGER MAY
CONDUCI' SUCH A HEABING BIIISRLF, OR AT ms SOLE DISCRETION,
MAY DESIGNATE AN omen OR EIIPLOYEE OF THE CITY AS A
HEARING OfflCER WITH AUTHORITY TO HOLD SUCH HEARINGS.
FURTHER APPEAL MAY BE IIADE TO THE DISTRICT COURT AFTER
A DECISION HAS BEEN IIADE BY THE CITY MANAGER OR ms
DESIGNBE OR APTER ONE HUNDRED AND TWENTY (120) DAYS IF A
DECISION HAS NOT BEEN RENDERED BY THE CITY MANAGER OR
ms DESIGNEE.
Introduced, rad ill full, and palNd OD flnt readinc Oil the 3rd clay ol March, 1997.
Publiabed u a Bill fer an OrdinaDc:e OD the 6th clay ol March, 1997.
'lbomu J. Burm, Mayor
ATTEST:
Louc:riahia A. Bllia, City Clerk
I, Louc:riabia A. Ellia, City Clerk olthe City af.....,_., Colorado,--, catify
that the above and fanpinr ia a true copy af a Bill fbr an Ordinanm, intraduced,
read in full, and puaed an flnt readin, an tbe 3rd clay afMarch, 1997.
Loacriabia A. Ellia
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FIIDCJF OF PUBLl:ATION
THE ENGLEWOOD HERALD
STATE OF COLORAOO
ca.MY CF ARAPAHOE
I, Gsrard J. Haley do solermly swear
1hal I an 1he Prmldtlnl and Pu:1ll!JIW of
lhe EllglllllOOd ,__ It& ... .,.. is
a weelctf ~ ~ in lt1I Cly
of Utlelon in the Cou11y of ..,,,,,.,._,
Slate of Colorado . and haS a general
aaAalionhlnli'l: .. said~ la
been published continuously and
~ in said Q)ur1y of_,,,,.,.
for a pericd of nae hln 52 weelllS ptar to
... b pubicallort of lhe nwxed nallca,
1h11 said ~ is ertenld in ... Poll
Ollice of Ullleoft, CooadD, • 9lD'1d
class mail matter and that the said
newspaper is a newspaper within the
meaning of the act of the General
Assembly of the State of Colondo,
approved March 30, 1923, and eldled
i.ega1 Notices and Aclver1isemerU' an:t
other acts relating to the printing and
publishing of legal notice and wu
~ intle,aglBrddreialaof
said newspaper, once each week. on h
sane day of each week.
for a period ol .............. / ................ .
consecutive insertions : that the lirst
publication of said notice was In the
id new~per dated
:2N.t.2. ... t.~ ........... 1ll . .7
st publication of said notice
was in the issue of said newspaper
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IIIIOOF OF PUii D11CN
THE ENGLEWOOD HERALD
STATE OF COLOAAOO
a:l..NTYCFARAPAHOE
I, G#n J. ,.,.,,., do sallrmly .,..
hi I am h ,,,_.,,, and IVJIWWol
tw El'l(1laltood Hald ,. tw same ii
a .... """IPIPil ~ in .. av
of UlllltOn in .. Ccxny ol ......
Slale °' CoDadD . and hall a general
CiaAIIIDn ~ .. Slid nNIPII*,.
been pubUshed continuously and
lritlnl..PICtf in said Cculyal .....
tor a peri)d ol rn:n IWI 52 _.. p,tart:,
.... Pldcalon °' .. ....., "*-·
.,. Slid r-..papa ii .... in .. Pall
Ollce ol Ullla,\ Qmallb, • smll1d
class man matter and !flat the said
newspaper is a newspaper within the
meaning of the act of the General
Assembly of the State of Colondo,
ai:ipn:,ved MalCh 30, 1923. and MIiied
"legal Noti:es nl Adver1ilernlfU' and
other acts relating to the printing and
publishing of legal notice and wu
pi.dlt,m inh ~ nl ....... o1
said r,e,,,splll)II, ora each WNk. on b
same day a, each week.
for a period of ............... / ................ .
consecutive insertions: that the first
publica~;idoT:.:S in the
{.ULJr!a.o? • .0 ...... 199:7
and last public:alion ol said notice
was in the issue ol said newspal)er . ~ -d•t1;: .. ·;:;;J)l..A ...... 19 ....
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PROOF OF PUBl.£ATION
THE ENGLEWOOD HERALD
STAlc OF COLORADO
cn.MYa=ARAPAHOE
I, GsrWd J. Haltly do solermly swear
1hcll I am lhe PrNldtlnt Mid P&l1ll6ls of
lhe EnglNOod Hetlld hi .. Simi is
a weeict,, nawspiper p.tilst1ed in 1tle Cly
of Lillleton in the Cour1y of Anpahoe,
Slate of Cololado , and has a general
c:iallalion laein; .,. said nBWlllllS* la
been published continuously and
~ in said Courtyof.,.,..,..
tor a period of men tian 52 weeka plor IO
.... ~ of 1tle arw-.d .....
ta said nMlpllp8I is .....-t i'l 118 PCII
Ollce of.....,, CblndD, • ~
class mall matter and that the said
newspaper IS a newspaper wllhin the
meaning of the act of the General
Assembly of the State of Colorado,
approYed March 30, 1923, and erdled
1..egal Nolt:es and ~ 8RI
other acts relating to the p,lnllng and
publishing of legal notice and wu
JU)l&l1ed i'lh RV& RI ... ..,.of
said ~. once -=ti WNk. on 118
ane day of-=t'I week.
tor a period of .............. / ................ .
consecutive insertions : that the first
publicat~ o:.=;,.:,1c:.:s In the
2N.12. .. ~---········ 1l}.?
publication of said notice
WU in the iuue of said newapaper
CITYOF
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THE ENGLEWOOD HERALD
STATE c::F CXl..ORAOO
CCl.NTYC:FARAMHOE
I, Ga,Mf J.,.... dD ~ __.
.... ,.., .. ,.. ·--all .. s,· ,,.,. ........ ..... n. Jfli*lll.flllllllSil .. ~
of Ullllon ill .. Ccutr a, .,..,....
S1a5e o1 Cm la 1a .... ,_ • ll'*al
c:ia*lorl~ .. -........ ,. been publiahed COlllirluoully and ~"-~°''--for a Pllild ol ffa. lWI 52 ..... PDID
.... PN::abl al/ .. amam nalee, .. -n• ~ ii lrllNd ii .. Falt Oba//~~-....,
claN md matter and that IN said
newapape, ii • nawapaper wiltwl the
meaning of Ille act of the General
AaHmbly Of the State Of ColOrMlo,
~ Man:::h 30, 1923, and Mlled ~Notices-~-other acts relating to the printing and
publishing of legal notice and wu
IUllnd fnh 11111,S ft ...... d
llli1 fllWIPIPiW, ora each week. on h
ane ~ o1 each WIik.
for a period of ............... /.. ................ .
consecutive insertions : that the first
publication of said notice was in the
~~;~ ... 199.7 '{;ti/,,· last publication of said notice
was in the issue of said newspaper
dat~ ~ ............ 7,7::;,. ..... 19::::-
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CITY OF ENGLEWOOD
CONCRETE UTILITY 1997
PUBLIC HEARING APRIL 7, 1997
Erigl1•aad City Hal
Publlc Worta ._ .....
ChartN Eallrty, DinlCllar d Pubic Worb
Rick Kahm, Engi,w:,ig Manager
Linda W.., Dlpar1mant Spett1l1t
782-2300
782-2500
782-2503
782-2500
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Pubic I tearing
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City of Englewood
Proposed Concrete Utility
Proposed Schedul,
April 7, 1997
December 9, 1998 Study Session -f9View Draft Propoul
March 3, 1997
April 7, 1997
Apri 21, 1997
May 5, 1997
May 8, 1997
Jtnl8,1887
June 23, 1997
Council pre111 d&tiun, intro Ordirwlce, aet da far Pubic I te.ing
Public Hearing
Anw1d Ordilance (If AlqUired)
Ordinance on NCond fllllding
Publilh Ordilance
Ordiwa in ful farce & effect
Begin blling Utility Fee (July 1st cycle)
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Do you have the mo~ for
concrete replacements adjacent to
your home or business?
~~The City of Englewood Public Works Department is proposing a program
~ r to make concrete maintenance lffOn ef/icknt and less expensive.
Tile Coacrete Utility Prop,a• will be the subject of a
public hearing at the Englewood City Council meeting on
Monday April 7, 1997.
What you should know about die Concrete Utility Program
Cllbc Concrete Utility Program offers homeowners a more convenient. inexpensive method of
paying for concrete maintenance of curbs, gutters and sidewalks along the street.
ClUndcr the program, property owners will be charged an annual fee. to appear on your quarterly
water bill. This money will be put into a collective concrete maintenance fund. When the
concrete adjacent to your property needs fixing, the City will then draw from this fund to
replace the concrete.
ClThe annual Concrete Utility fee is based on the tolal area of concrete adjacent to your property,
multiplied by a rate of 7 .8¢ per square foot
ClTbe fee for Dal property owners will be around $25 a year. Without the Concrcre Utility, the
same property owners could face a cost of about S 1,500 to replace concrete just once.
Cllf you live on a comer lot, the City will provide you with a contribution to help compensate for
the extra concrete surrounding your property.
ClTbe City of Englewood will be charged a Concrete Utility fee for City facilities. contributing
to the fund just like homeowners and commercial and industrial businesses.
ClYou may choose to opt out of the program and c:ominue to be responsible for the concrete
adjacent to your property.
ClYou are welcome to participate in the public baring on this issue .
Public Hearing Notice
Moaday April 7, 1997
Eapwood City CoHdl Cllaaben
3aS.EladSt.
7:30 p.a.
Fer aore iafonaadea oa die Coacnta Udllly Pnpaa, ,..._ caD
die Departaeat ef PuHc Weru at 762-2517.
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TYPICAL CONCRETE SECTIONS
PER RUNNING LINEAL FOOT
I I Mlf[·--•GUTTU MTN
. _____ _.,
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SECTION OF VERTICAL CURB 8 GUTTER 8 SIDE*LK
SECTION OF 4" CUfflWALK I
SECTION OF 4" a.JRBMLK lI
ArN • 8.5SF/LF
~ & 11ap1ace·..-lllldl $18.00ILF
. ...,._ & Aaplace r lllidl $21 .00ILF
n.-& Aaplace VC&G $18. 15/LF
FEE• 51CILF Pw .__
ArN • 5.25 SF/LF
--& Aaplace 4° llliclc $31.00/LF
--& Replacer lllidl $33.00/LF
FEE• 41CILF Pw 'Illar
ArN • e.s SF ll.F
""Other factors affecting cost. which are not included in the prices above are:
Concrete Sawing and Removal & Replacement of Asphalt.
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Public Hearing
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City of Englewood
Propo•ed Concrete Utlllty
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TYPICAL CORNER FEE AND CITY CONTRIBUTION
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SOME AVENUE
37.15'
AREA• 588 SF
~ FEE • $44.38
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12&' t
AREA• 5898F
FEE• $44.38
ettv VZZZI
Owner-' --
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Public Hearing
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City of El iglewood
Proposed Concrete Utility
r
April 7, 1997
Voluntary Non-Participation Provision
The propoaed Concret.e Utility will ofter a "voluntary DOD·parti,cipaQDD proriaion•
whereby an owner may elect not t.o participate in the prosnm. Ownen who •opt-out" of
the propam will retain the option of l,UJinc back int.o the prosnm at a lat.er dat.e.
Subeequent ownen may alao buy back int.o the PIOINJD at any time.
To opt-out of the Utility, an owner muat U11CUt.e a V~ NM-Pareieipatitm
A,eement with the City. Thia will he a formal lepl instrument that will be recorded with
the County t.o •ne notice on any party that bu an intiereet in the property (e.1.
mortpaor) or any parties who may have a future int.ereat (e.1. a proepective buyer).
Thia qrMJDeDt will stipulat.e:
• To buy back int.o the prosram, all uiatinc coacret.e muat be broupt int.o compliance
with City ataDdarda, at owner's apenae.
• All back Concrete Utility feea must be paid in full.
• Owner u.ndentanda qreement will be recortled, and will Nffl! lepl DOtice to any
future purcbuer of their property.
Not.e that an owner may not opkut of the PnJ1NJD by default (aimply refuaiDs t.o pay the
Utility feea). ()pcins~ can only be clone by an afflrmatne act (eacutins a Voluftlar.,
Notbins in the Voluntuy Naa-Put:ieipatim Pruriaiao of the propam re..,. an OIFD81'
of rMpODeibility for maintainins the concrete adjacent to the owner'• property to City
atandarda.
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COUNCL COI.KNCATION
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April 7, 1117 11.fplmulllll ..++llllun 1111' ,w-
10 a i n 1-ID Cllffllllrwlll 0.. ....... ., I,...-........
Cllv --
Aulalal ..... -Dlrec:IDr
COUNCIL CICML AND PMVIOU8 COUNCL ACTION
TlleCounal ..+Wiil lie 1-..... and Apptup; ..... on._ ...... No-... I, 1•. TIie Cly C--=11 INWd tie
Ftwie Y-Capllal Plan an ,Mr 22. 1• .
.COIIIIIBIDID ACTION llllff-·•• tie Cly c--=-...,_._ ...._. .-alUllon 1111' a qpl1nulllll apprapriallol.cllll'tie ,_.anding
1•. 11-............ _ ...... i.-ae .......... and ..... -.... ---unll al liMlicN and ~----...--•or ... ,..-enc1.
WAIND:
--• C Fund...._
Yll•ff C c:a,r C 'wOlaaa:
............. &BulllwD•*P•wa:
...... Mft ...... lDo..al ......... ........,
and a,-. ... car .... *Ps•.A ............. _ ....... ,......
Talll Cly 1181 ...... 0lloa
et I I •• , ....... DlfB1 It ........... ~
.... _ ...... ..,U.S . w.t
P, f 111 .a1 ..... fllr_..,.,lleclldog,...
CClffllll*r.,.... ......
CClffllll*r ......
TalllMmilMllllhe...._
1111,IOII
----l1CIO,ODO
112,0DO
113,0DO
111,0DO
WIil
111,0DO
11.,IOII
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PAVING DISTIK'I' •: ._.,, C
ft11111mallla
"""' a. Dilmllllt on wt, ..,._-of 111111 n•lltl
"""""': Prtnt 8llop Oplrala,IS
GOLF COIMIE ANt: ._.,, a·
---Earnlngl
Y11,rf C. a., .... Drainage Pnlject
IIIIDJeCT...., ....,: ....... , ,.
Pnipaitya...
YM,rf C:
Colt of Pnlpalty ....
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14,500
14,500
IC0,000 ma
11111.000
II0,000
$17,000
$17,000
•.ooo
•.ooo
n.ca,ote,.....11,.._. !Ir Cllra.111'111 ...................... ....., .................. .
TIie .................................... CllrolEIIII• DDII _.,... .............. ICMIM'I ...............
PNtJICIM. .. M:T
TIie ..+10ji,1llllaila wil Nduoe lie Glwal Fund_.... bid...._ !Ir $111,100. TIie Glwal Funai_._ -.1111.-111 ...... 11roa11e1111111-1n..._and_.._._._ ........... PNIIIEMtllt31-ot
flllldl II pnMded !Ir 111111mlnla. C... ..._ Funll'9 ...... _... _ ....... llrCO,CIOOand .. ........
flllldl-pnMded !Ir i .. J1p1ll1rrlallill ....... n.-.111CeM111.._._ ...._. ...... ...,w111a11
incr....i ,_ • wal. TIie Print llllip allOIDok pnnllng oalaroapill In--~..,...._. $21,IIIO and
121, 1CIO. TIie Gal C... Fund's NIIIIMd ---...... !Ir $17,000, and .. Pnljeat lullll Funll'9-of bldl la
pnMded .., prapllly .... "'181,000.
LIST OF ATTACHll!NTS
Pnlpoeed ..........
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RESOLUTION NO ._
SERIES OF 1997
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A RESOLtmON FOR A SUPPLEMENTAL APPROPRIATION OF THE 1996 BUDGET
FOR THE CITY OF ENGLEWOOD, COLORADO .
WHEREAS, the City Council of the City of Englewood, Colorado, desires to make certain
additiODII to the 1996 Annual Budget which were not included in the original 1996 Budpt as
adopted on November 8, 1995, becauae all ezpenditures md upenw are often not lmown
until all invoieea and purchase orders are p..-.ed at or after year-end;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Sec;tigp 1. 'l1le City ofEaglewood 1996 Budpt ia hereby amended u followa :
Sowce a P11nde:
Fund Balance
V.r(P,pwfp·
City N ••r':a c:Nlloe:
Neipborbood A Baainaa l>eftlopment:
Studiea/Work related to a.-.1 1nm, Soatb Broadway
and Cinderella City rednelopmmt
Mmufacturen' -tu rebate pnllrUD
Total City Manapr's Office
A+efnWndw s.n... D r s ,-;
Information Servieea:
Billing error made by U .S. West
Professional servieea for comput.er baddot pnijecta
Computer system supplies
Compute-Software
Total Administrative Servieea
Total General Fund u-
PAVING DISTRICT SI:
Soun;e oC FJ1nd1 :
A.11e.11menta
Ute o{ Fnrdt:
Diac:ount on early payment of u1 znetl
• 80,000
tJWD1
$100,000
• 52,000
• 13,000
• 19,000
l.....7Jlll
S 91,000
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CEN'11IAL SEllVICES FUND:
5owPI of !nude:
Interdepartmental Billinp
Retained Eaminp
Total Sources of Funds
JJH of Fnwte:
Print Shop Operati.om
GOLF C0tJBSB FUND:
Sowce of Fnnde:
Retained Eaminp
U,e pf Pnnde:
Clay Street Drainqe Project
PBO,JBCl'BUILD FUND:
So!n:m of Fnnde:
Property Sales
Ueeo(Fnode:
Coat of Property Sales
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$40,000
1.JWlllll
• a>,000
• S>,000
$17,000
$17,000
• 88,000
• 88,000
Sed;igp 2. The City Manager ud the Direct.or of FiDaDcial Semcea are hseby
aut.bori&ed to make the above c:banpll to the 1996 Budpt of tbe City of Enp,wood.
AOOPl'ED AND APPROVED tbia 7th clay of April, 1997.
Tbamu J . Buma, Mayor
ATTEST :
Loucrisbia A. Ellis, City Clerk
I , Loucrisbia A. Ellis, City Clerk for the City of Eqlewood. Colorado, hereby certify the
above is a true copy of Resolution No._, Seriea of 1997.
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COUNCL COMMUNICATION
.,.. Agendalllm Subject
Aprff 7, 1987 BIi for an ordinance crullng a new
Chapter 24 In TIie 5 of the City
10 a ii Code. 1111s wll 8llablllh a Tlllloo
&labllltliTlenl llcenN In the City
of-........ ., I Frll*-
Slafflloura -of Rnaraal 8erviml DndDI'
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COUNCIL GOM. Mm PIIEVIOU8 COUNCIL ACTION
Thil propoeed 1111 far• Cll'dlMIIDI ~ a 11N Cllllplar' 24 In TIie 5 of .. Cly Code. 1111s wll 8llablllll a
tallao ................ 111 .. Clly of El .......... Thil ac:lloll la a,_.. of Cly Counc:l's concems i9glldllQ
thehNlllland.....,of .. clllmlSoflEI ......... .
Clly Councl dlece II 111 llil ........ ..,,. lw llUdy ...ion hald OIi ........ 12, 1-.
IIECG -AC1IDII llalf-= I. C., ca..i .......... 1111 far an Oilli-.
a,imana ... WL-.-aL.WTNDIDENIIB c:...a, ... ca,--..... --27 ,,., .... The ..... _ .......... _ ... _ ...
._._...., ..................... NNictlofal-.o 7 25 2 I l .... .,._ ....... .
,.,REW.-.cT
lll&Clrlfl aP ,_ .. ....., ....... farllllllcaa ................. .
...... _ ............. a.a.,. 1llt IWluSlon ll7Slng .._ la aditd ., ...... ClrCltJtJT•.S 21 .
1117. 111t_ ....., .. _Z12111r_,. .......
1.8T 0, Atua I 1ft
Caprofllapnp $•far• I. IRIIJi
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ORDINANCE NO.
SERIES OF 1997
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BY AUTHORITY
ABILLPOB
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COUNCU. BILL NO. 29
INTRODUCED BY COUNCIL
NKNBBB _____ ~
AN OIIDINANCB BNACTING A NEW TITLB 5, CBAP1'Bll M, OF THE
ENGLEWOOD MUNICIPAL CODE 1985 ENTITLED TATl'OO
ESTABLISHMENTS AND AMENDING TITLE 7, CHAPl'ER 6E, SECTION 5.
WHEREAS, the Englewood Municipal Code does not c:urnmtly licenee or regulate
tattoo establiahmenta; and
WHEREAS, the Englewood City Council bu eet the goal of improving the buaineu
and residential quality of life in the City; and
WHEREAS, the licensing of tattoo establiahmenta protects the health, safety and
welfare of the public; and
WHEREAS, the City wiahet1 to exclude qualified medical practitionen performing
tattooing for apec:ific medical purpoaea; and
WHEREAS, the; City requires tatt,oo Nhlbtiwhmmta to operate in accordance with
applicable municipal Ian and ltate ltatutea; and
WHEREAS, tbe City requires tattoo Ntabtiwbmmta to operate cmly at the limDNd
location; and
WHEREAS, the City requires the liceme bolder to comply with all ntaPmable
conditiou to pn!Yellt • nwaance, and ..-ve the bealth, afety and welfare al tbe
co-unity; ud
WHEREAS, the City requires the liceme holder to ban compnbmam .--.I
liability imunmce to protect the public from any harm caued the liceme balder; and
WHEREAS, the licenN bolder ia not aUawecl to perform taUooinc on any minor or
penon under the influence of alcobol or drup to protect dime penona &om harm;
and
WHEREAS, the City does not allow the tranafilr ofthia liceue to another location or
person ;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS :
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Sec;tion 1. The City Council of the City of Englewood, Colorado enacts a new Title 5,
Chapter 24, entitled Tattoo Establiabmenta which shall read as follows :
CHAPTER 24
TATl'OO ESTABLISIDIENT8
SECTION:
5-24-1 : Definitions
5-24-2 License Required
5-24-3: Application for License
5-24-4: Special Licenae Requirementa
5-24-1 : DEFINITIONS: : IN ADDfflON TO THE DEFINITIONS LISTED IN
E . M. C . 5-1-1, AND FOR THE PURPOSE OF THIS CODE IN ALL MATTERS
RELATING TO THE LICENSING OF TATTOO ESTABLISHMENTS, THE
FOLLOWING TERMS, PHRASES, WORDS, AND THE DERIVATIONS SHALL
HAVE THE FOLLOWING MEANINGS:
TATTOO:
TATTOOING:
TATroo BSTABLISIDIENT:
AN INDELIBLE MARK OR FIGURE FIXED
UPON THE BODY BY INSERTION OF
PIGMENT UNDER THE SKIN OR BY
PRODUCTION OF SCARS.
THE ACT OF INSERTING ANY PIGMENT
UNDER THE SKIN OR PRODUCING
SCARS THAT LEA VE ANY INDELIBLE
MARK OR FIGURE FIXED UPON THE
BODY.
ANY CORPORATION, COMPANY,
PARTNERSHIP, OR INDMDUAL THAT
OFFERS OR PERFORMS TATl'OOING
FOR ANY FEE, CHARGE, OR
REMUNERATION OF ANY KIND .
6-24-2: LICENSE BEQUDIBD: IT SHALL BE UNLAWFUL FOR ANY PERSON
TO OFFER OR PERFORM TATTOOING IN THE CITY OF ENGLEWOOD
WITHOUT FIRST ATTAINING A LICENSE EXCEPT FOR QUALIFIED
MEDICAL PRACTITIONERS FOR SPECIFIC MEDICAL PURPOSES.
6-24-3: APPLICATION FOB UCENSE: TATTOO ESTABLISHMENT
LICENSES SHALL BE ISSUED IN ACCORDANCE WITH CHAPTER 1 OF THIS
TITLE .
6-14-4: SPECIAL LICENBB BBQlllllDIBNT8: IN ADDfflON TO ALL OTHER
PROVISIONS OF THIS TITLE, THE FOLLOWING SPECIAL REQUIREMENTS
APPLY TO THIS LICENSE :
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A. LICENSE HOLDERS ARE REQUIRED TO OPERATE IN
ACCORDANCE WITH APPLICABLE MUNICIPAL LAW AND
STATE STATUTES AS ADMINISTERED BY THE ARAPAHOE
COUNTY TRI-COUNTY HEALTH DEPARTMENT.
B. THE PREMISES MUST BE MAINTAINED IN CLEAN AND
SANITARY MANNER AT ALL TIMES.
C . ALL EQUIPMENT USED FOR BODY PIERCING MUST BE
SANITIZED IMMEDIATELY BEFORE AND AFTER USE .
D . A SINGLE DISPOSABLE NEEDLE MUST BE USED FOR EACH
CUSTOMER. THE NEEDLE MUST BE DISPOSED OF
IMMEDIATELY AFTER USE.
E . INKS USED FOR ONE CUSTOMER SHALL BE DISPOSED OF
IMMEDIATELY AFTER USE, AND MAY NOT BE USED FOR
ANOTHER CUSTOMER.
F . THE LICENSE HOLDER MUST EXPLAIN AND PROVIDE EACH
CUSTOMER WITH WRITTEN INSTRUCTIONS REGARDING
THE AFTERCARE OF TATTOOS .
G . LICENSE HOLDERS MAY PERFORM TATTOOING ONLY AT
THE LOCATION SPECIFIED BY THE LICENSE .
H . LICENSE HOLDER SHALL AT ALL TIMES HA VE
COMPREHENSIVE GENERAL LIABILITY WITH A MINIMUM
COMBINED SINGLE LIMIT OF LIABILITY FOR BODll.Y INJURY
AND PROPERTY DAMAGE OF ONE HUNDRED THOUSAND
DOLLARS ($100 ,000.00) PER OCCURRENCE AND AGGREGATE.
I . LICENSE HOLDER SHALL NOT ALLOW ANYONE TO PERFORM
TATl'OOING ON ANYONE WHO IS UNDER THE AGE OF
EIGHTEEN (18).
J . LICENSE HOLDER SHALL NOT ALLOW ANYONE TO PERFORM
TATl'OOING ON ANYONE WHO IS UNDER THE INFLUENCE
OF ALCOHOL OR DRUGS.
K . TATl'OO ESTABLISHMENT LICENSES ARE NOT
TRANSFERABLE TO ANOTHER PERSON OR LOCATION .
L . ALL PERSONS PERFORMING TATTOOING MUST BE OVER THE
AGE OF EIGHTEEN (18 ).
M . NO PERSON SHALL PERFORM TATl'OOING WHILE UNDER
THE INFLUENCE OF DRUGS OR ALCOHOL.
N . ALL PERSONS PERFORMING TATTOOING YUST Bl
SUPERVISED BY THE LICENSE HOLDER.
5e;tjgp 2. Tbe City Council of the City of Eqlewood, Colando ..... "nde 7,
Chapter 8E, Section 5 , of the Enpwood Mwucipal Code to reed u Callon:
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7-6E-5: TATl'OOING:
A. It shall be unlawful for any person to tattoo any minor in the City or its
police jurisdiction.
B. ALL PERSONS PERFORMING TATTOOING MUST BE OVER THE
AGE OF EIGHTEEN (18).
Section 3. License Fee: License fees for this Chapter shall be determined and
set by City Council in accordance with 5-1-8 of this Code .
Sedii,gn 4. Licenses required: It shall be unlawful for any person to act as an
tattoo establishment (artist) without first procuring a license. All provisions of
Chapter 1, of this Title are applicable as well as those special provisions listed
below.
Sedii,on 5 . The Englewood City Council established a temporary suspension or
moratorium of certain miscellaneous business licenses for a period of six months
with the passage of Ordinance No. 25, series of 1996 and now removes the following
licenses from the moratorium:
Tattoo Establishment Licenses.
Sedii,on 6. Safety Clau,ea The City Council, hereby finds, determines, and
declares that this Ordinance is promulgated under the general police power of the
City of Englewood, that it is promulgated for the health, safety, and welfare of the
public, and that this Ordinance is necessary for the preservation of health and
safety and for the protection of public convenience and welfare. The City Council
further determines that the Ordinance bean a rational relation to the proper
legislative object aought to be obtained.
Sa:t;ign 7. Severahjlity If any dauae, NDtence, parqraph, or part oC this
Ordinance or the application thereof to any penon or circumatances ahall for any
reuon be acijud,ed by a cowt oC competent juriadiction invalid, IIUCb judpaent
ahall not aft'ect impair or invalidate the remainder of this Ordinance or its
application to other penom or circwmtancn.
Sa:t;igp 8 IDPMPtilM!Dt OrdiPIPGCI All other Ordinancea or portiom thereof
incomiatent or conflictin( with this Ordinance or any portion hereof are hereby
repealed to the utent of such incomiatency or coamct.
5ec;t;igp 9. Eff,ct of r::epeal 1M' modjficatjpp The repeal or modification of any
provision of the Code oC the City oC Encl-ood by thia Ordinance ahall not release,
extinguiah, alter, modify, or change in whole or in part any penalty, forfeiture, or
liability, either civil or criminal, which ahall have been incurred under such
provision, and each provision ahall be tnated and held u atiU remainin( in force
for the purpaNB oC suatainin( any and all Pl'III*' actiom, suits, proc:eedinp, and
proaec:utiona for the enforcement oCthe penalty, forfeiture, or liability, u well u for
the purpme oC suataininc any judpaent, ucree, or order which can or may be
rendered, entered, or made in such actiona, suits, proceNinp, or prwutiona.
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Sectim 10. flll.altx. The Penalty Prcmaion ofE.M.C. Section 1-4-1 eha1l apply t.o
each Uld every violation of tbia OntiDaDce.
Introduced, read in full, Uld ,..... CID tint niadiq CID the 7th day of April, 1997.
Publilbed u a Bill for an OrdiJlam:e CID the 10th day of April, 1997.
'lbomu J. Burm, lla:,or
ATTEST:
Low:riabia A. Ellia, City Clerk
I, Loucriabia A. Ellia, City Clerk oftbe City ofEqlewood, Colondo, henby certify
that tbe above Uld f'anpiai ia a true C11PJ of a Bill for an Orcliname, intzooduced,
rad in full, Uld ,..... CID tint readiq CID the 7th day of April, 1997 .
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COUNCL COIIMUNICATION
Ap,117, 1997
10 a iii
Fram
COUNCIL 00M. AND PIIEVIOIJ8 COUNCIL ACTION
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8-,.ct
BIi for an onlnance cr8llllng • new
Chapter 25 In TIiie 5 of lie Clly
Code. Thia wll 8llalllllh.
Secandhand DNlars Umme In lie
al
TNs propGNd bll for an onllnance er.-.• new Cllapl9I' 25 In TIiie 5 of lie Clly Code. Thia wll estllbllsll a
l8COnd hand dealers llcenN In lie Clly of Englewood. TNs action Is• ...a of concerns regarding lie~
and resale of loll or lkllen artldls lllrougll 18COndhand dealers.
Cly Council clllQmed 11111 llcellN wllll llaff • lie lbldy INlklll 11111d on Mardi 3, 1997.
IIECOIAIENDED ACTION
Slaff ••commends Cly Counc:I approve this bll for an onll•ICII.
IACKCIIIOIN>, ANALYSIS, AND ALTIIINATIVD iuiN ii ED
Cur!Mlly, lie Clly does not llcela l8COIICllald ...,._ TIie ...,_ -clr9lled In ft1911C11• lo concems OV9I'
lie poee1111111, of NCOlldtlend dNlels pun:llaelng and IWllllg loel or...,. prope,ty In tll8 Cly of Englewood.
No alemallves ... ldenlllled.
flNtMCIAL _.ACT
TIie Clly of Englewood doel nol ~ calecl tNe for Illa ...... TIie ...._ ... ha not been••
l9qlMNI br Cllaplel' 1 of TIie 5. TIie,...... lllalnl tNe Is ....... .., go to Clly Council on Aprll 21, 1997.
TIie amounl collec::led .. moel..., nol be .........
UIT 0, ATTACIIIENTI
Copr of tll8 pnipoeed 1111 for an onll•a
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ORDINANCE NO. _
SERIES OF 1997
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BY AUTHORITY
ABILLl"Oll
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CXIUNCIL BILL NO. 31
INTRODU~BYCOlJNCIL ~~
AM OIIDDIAMCB AIDNDING 'lTl'LE 5, CHAPTBR 11, SBC'l'ION I, BNGLBWOOD IIUNICIPAL
CODE 1985, BY REPEALING SECTION 6 AND REENACTING A NEW CHAPTER 25, OF TITLE 5,
THE ENGLEWOOD IIUNICIPAL CODE 1985 ENTITLED SECONDHAND DEALERS.
WHEREAS, tbe City ftnda, determines and ~ that couidmiq tbe nature of the
11eCC111db•ud bueinw end tbe rela.tiombip of aucb to ~ to tbe municipel welfare u well u to
tbe apenditurea nquincl of tbe City ud ell other me&t.en pnpmy to be amaidered in reletioD
thereto, tbe d•Mificetion of aucb businw u • aepent.e type ol buiw or occupation requiring
aepent.e J'IIIUlation 1111d r-ii reuoneble, proper, umfonn, umicliacriminatory and u-.r, for•
jut ad proper distribution of meta for City amvicm; and
WHEREAS, a reuoneble buia ezista to diatiquiah ~ NCOOdbaud dealers 1111d other
types of buain-not prohibited under thia ordinence; ud
WHEREAS , thia licenae ii in put tryinc to limit tbe bu:,ins lllld NlliDc of loat or It.oleo articles
but not intafen with .,.._. ud orpniutiou that are not cauidered vebic:lea for receiviq loet
ar atolen it.ems; therefore, cerwn penona and orpniutiona are -pt from tbia liceme; lllld
WHEREAS, thia liceue requira • becqround inveetip*ion to -Clllly qualified penona
witboat • biatary ol related crimiul ectmty ..... in thia licmead ectmty; and
WHEREAS, tbe City ol En,lewood ia uains ita police powws to protect tbe uflty and -1fue ol
tbe ci~ of Englewood; lllld
WHEREAS, tbe City ofEnpwood cllaina to coardinete ita ........._ with the SWe ud other
metropolitllll co-unitiea;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCU. OF THE CITY OF
ENGLEWOOD , COLORADO, AS FOLLOWS :
Sc,c;tigp 1 Title 5, Cbept.er 12, Enpwaod lllmicipel Code 1985, ii benby ammded by repeelin(
1111d Section 6, md enectiq a n-Cbept.er 25, mtitW Secmdb•nd Deelen, which lball rud u
followa :
SECTION :
5-25-1 : DEFINITIONS
5-25-2 : UCENSE REQUIRED
5-25-3: APPUCATION FOR UCENSE
5-25-4 : SPECIAL LICENSE RBQUIUIIICNT8
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15-15-1 : DBFINITION8: AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL
HAVE THE MEANINGS INDICATED.
PRECIOUS OR SEMIPRECIOUS TIUS DEFINITION INCLUDES, BUT IS NOT
METALS OR STONES: LIMITED TO GOLD, SILVER, PLATINUM,
PEWTER, DIAMONDS, EMERALDS, GARNETS,
OPALS, RUBIF.S, SAPPHIRES, AND TOPAZ.
ALSO, INCLUDED UNDER THIS DEFINITION IS
IVORY, CORAL, PEARLS, JADE AND OTHER
SUCH MINERALS, STONES, OR GEMS AS ARE
CUSTOMARILY REGARDED AS PRECIOUS OR
SEMIPRECIOUS.
SECONDHAND DEALER:
SECONDHAND PROPERTY:
ANY PERSON WHOSE PRINCIPAL BUSINESS IS
THAT OF ENGAGING IN SELLING OR TRADING
SECONDHAND PROPERTY. THIS DEFINITION
INCLUDES ANY PERSON WHOSE BUSINESS JS
SELLING NEW GOODS, BUT WHO ALSO BUYS
AND SELU; SECONDHAND PROPERTY OF THE
SAME TYPE OR ~ AS THE NEW GOODS .
THE TERM ALSO INCLUDES ANY PERSON
WHOSE BUSINESS JS NOT THAT OF SELLING
OR TRADING SECONDHAND PROPERTY, BUT
WHO SELLS OR TRADES SECONDHAND
PROPERTY 111ROUGB FLEA IIAllDTS OR
SDOLAR FACILITIBS IN WHICH SECONDHAND
PROPERTY IS onmum POR SALE OR TllADE
OR WHO SEUB OR TRADES SECONDHAND
PROPERTY PROII A NONPBIUIAHENT
LOCATION .
INCLUDES, BUT IS NOT UIIITED TO THE
POI.LOWING EXAIIPLBS OP TANGIBLE
PERSONAL PROPERTY NOT SOLD ltS NEW
AND NOllllALLY HAVING BDN USED BY ONE
OR IIOIB INTBRIIBDIARIBS:
I . CAIIBBAS, CAIIEllA LBNSBS, SLIDE OR
MOVIE PllOIICTORS, PROIECTOR
SCREENS, PLASHGUNS, ENLARGERS,
TRIPODS, BINOCULAIIS, TELBSCOPBS,
VIDEO CAIIEllAS, AND MICROSCOPES;
2. TELEVISIONS, PHONOGRAPHS, TAPE
RECORDERS,VIDEO
RECORDBBS/PLAYUS, RADIOS, TUNERS,
SPEAKDS, TURNTABLES, COIIPACT
DISK PLAYERS, AIIPLIPIDS, RECORD
CHANGERS, CITIDN8 BAND RADIOS,
VIDEO GAMES AND PLAYBIIS;
3 . SNOWBOARDS, SKIS, SKI POLES, SID
BOOTS, SID BINDINGS, OOLP CLUBS,
GUNS, JBWBLRY, PIIBCIOUB OR
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SEMIPRECIOUS METALS OR STONES,
COINS, LUGGAGE, BOCYI'S , FURS ,
CLOTHING, AND RUGS ;
4 . TYPEWRITERS, ADDING MACHINES,
CALCULATORS,COMPUTERS,COMPUTER
COMPONENTS, PORTABLE AIR
CONDITIONERS AND HEATERS, CASH
REGISTERS, COPYING MACHINES,
DICTATING MACIUNES, TELEPHONE,
TELEPHONE ANSWERING MACHINES,
FAX MACHINES, AND SEWING
MACHINES ;
5. BICYCLES AND BICYCLE COMPONENTS;
6 . RANGES, STOVES, DISHWASHERS,
REFRIGERATORS, GARBAGE DISPOSALS,
BOATS , AIRPLANES, CLOTHES WASHERS,
CLOTHES DRYERS, FREEZERS,
FURNITURE, AS WELL AS ANY OTHER
RESTAURANT AND HOUSEHOLD ITEMS
OR APPLIANCES;
7. AUTOMOBILE ACCESSORIF.S, INCLUDING,
BUT NOT LIMITED TO WHEELS AND HUB
CAPS, BUT NOT INCLUDING CORE
CHARGES FOR AUTOMOBILE PARTS
WHICH ARE NOT REBUILT ON THE
PREMISES;
8. ANY ITEM OF TANGmLE PERSONAL
PROPERTY WHICH IS MARKED WITH A
SERIAL OR IDENTIFICATION NUMBER.
5-215-2: UCBNBB 11BQV111SD: IT SHALL BE UNLAWFUL FOR ANY PERSON TO CONDUCT
THE BUSINESS OF A SECONDHAND DEALER IN THE CITY OF ENGLEWOOD WITHOUT
FIRST OBTAINING A LICENSE EXCEPT FOR THE FOLLOWING CLASSES OF PERSONS OR
ORGANIZATIONS :
A. GARAGE SALES .
B ANY WHOLESALER OR JOBBER MAKING SALES OF SECONDHAND PROPERTY
EXCLUSIVELY TO OTHER WHOLESALERS OR RETAILERS .
C. A PERSON OR ORGANIZATION SELLING OR TRADING SECONDHAND PROPERTY
AT AN EXHIBITION OR SHOW WHICH IS INTENDED TO DISPLAY AND
ADVERTISE A PARTICULAR COMMODITY OR CLASS OF COMMODITY OR CLASS
OF PRODUCT INCLUDING , BUT NOT LIMITED TO ANTIQUE EXHIBITIONS,
FIREARM EXHIBITIONS , HOME AND GARDEN SHOWS, AND RECREATIONAL
VEHICLE SHOWS.
D. A PERSON OR ORGANIZATION WHICH IS CHARITABLE , NONPROFIT,
RECREATIONAL FRATERNAL, OR POLITICAL IN NATURE OR WHICH 18 EXEMPT
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FROM TAXATION PURSUANT TO THE FEDERAL "INTERNAL REVENUE CODE OF
1954" AS AMENDED .
E . A PERSON OR ORGANIZATION SELlJNG FIREWOOD, CHRISTMAS TREES,
PLANTS, FOOD PRODUCTS, AGRICULTURAL PRODUCTS, FUNGIBLE GOODS,
PETS, OR ARTS AND CRAFTS EXCLUDING JEWELRY AND ITEMS CRAFTED FROM
GOLD OR SILVER.
5-25-3: APPLICATION FOR LICENSE: THE APPLICATION FOR A SECONDHAND DEALERS
LICENSE SHALL BE MADE IN ACCORDANCE WITH THE PROVISIONS OF TITLE 5,
CHAPTER 1.
5-15-4: SPBCw. LICENSE BBQUIREIIENTS:
A LICENSES IS&JED UNDER TlllS CHAPTER SHALL NOT BE TRANSFERRED TO
ANOTHER PERSON OR LOCATION.
B. APPUCANTS WILL BE SUBJECT TO A POLICE BACKGROUND INVESTIGATION AS
PART OF THE APPUCATION PROCESS.
C. A SECONDHAND DEALER UCENSE HOLDER SHALL KEEP A NUMERICAL
REGISTER IN WHICH SHALL BE RECORDED THE FOLLOWING INFORMATION :
THE NAME, ADDRESS, AND DATE OF BIRTH OF PERSONS SELUNG
SECONDHAND PROPERTY TO THE LICENSE HOLDER, HIS OR HER DRIVER'S
UCENSE NUMBER OR OTHER IDENTIFICATION NUMBER FROM ANY OTHER
FORM OF IDENTIFICATION WlUCH IS ALLOWED FOR OF SECONDHAND
PROPERTY PURSUANT TO SECTION UH3-114 C.R.S.; THE DATE, TIME AND
PLACE OF THE PURCHASE, AND AN ACCURATE AND DETAILED ACCOUNT AND
DESCRIPTION OF EACH ARTICLE PURCHASED, INCLUDING, BUT NOT UMITED
TO, ANY IDENTIFICATION NUMBER, SERIAL NUMBER, MATERIAL TYPE, OR
OTHER IDENTIFYING MARKS ON SUCH PROPERTY. THE LICENSE HOLDER
SHALL ALSO OBTAIN A WRITTEN DECLARATION OF THE SELLER'S
OWNERSHIP WHICH SHALL STATE THAT EACH ITEM OF SECONDHAND
PROPERTY IS TOTALLY OWNED BY THE SELLER, OR SHALL HAVE ATTACHED
TO SUCH DECLARATION A POWER OF SALE FROM THE PARTIAL OWNER TO
THE SELLER, HOW LONG THE SELLER HAS OWNED EACH PIECE OF PROPERTY,
WHETHER THE SELLER OR SOMEONE ELSE FOUND THE PROPERTY, AND, IF
THE PROPERTY WAS FOUND, THE DETAILS OF THE FINDING.
D. IF THE PURCHASE INVOLVES MORE THAN ONE ITEM, EACH ITEM SHALL BE
RECORDED ON THE UCENSE HOLDER'S REGISTER AND ON THE SELLER'S
DECLARATION OF OWNERSHIP.
E. THE SELLER SHALL SIGN HIS OR HER NAME IN SUCH REGISTER AND ON THE
DECLARATION OF OWNERSHIP AND RECEIVE A COPY OF THE RECEIPT FOR
THE PURCHASE TRANSACTION.
F .
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THE SELLER SHALL AFFIX A RIGHT INDEX FINGERPRINT TO THE
DECLARATION OF OWNERSHIP.
SUCH REGISTER SHALL BE MADE AVAILABLE TO ANY LOCAL LAW
ENFORCEMENT AGENCY FOR INSPECTION AT ANY REASONABLE TIME.
THE SECONDHAND DEALER SHALL KEEP EACH REGISTER FOR AT LEAST
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THREE (3) YEARS AFTER THE DATE OF THE LAST TRANSACTION ENTERED IN
THE REGISTER.
I . A SECONDHAND DEALER LICENSE HOLDER SHALL HOLD ALL PURCHASED
ARTICLES WITHIN HIS/HER JURISDICTION FOR A PERIOD OF TEN (10) DAYS
FOLLOWING THE PURCHASE, DURING WHICH TIME SUCH GOODS SHALL BE
HELD SEPARATE AND APART FROM ANY OTHER TANGIBLE PERSONAL
PROPERTY, AND SHALL NOT BE CHANGED IN FORM OR ALTERED IN ANY WAY .
J . A SECONDHAND DEALER LICENSE HOLDER SHALL HOLD ALL PROPERTY
PURCHASED BY ffiM OR HER FOR TmRTY (30) DAYS FOLLOWING THE DATE OF
PURCHASE, DURING WHICH TIME SUCH PROPERTY SHALL BE HELD SEPARATE
AND APART FROM ANY OTHER TANGIBLE PERSONAL PROPERTY, AND SHALL
NOT BE CHANGED IN FORM OR ALTERED IN ANY WAY.
K EVERY SECONDHAND DEALER LICENSE HOLDER SHALL PROVIDE THE LOCAL
LAW ENFORCEMENT AGENCY , ON A WEEKLY BASIS, WITH TWO (2) COPIES OF
THE RECORDS, ON A FORM TO BE PROVIDED OR APPROVED BY THE LOCAL LAW
ENFORCEMENT AGENCY, OF ALL SECONDHAND PROPERTY PURCHASED
DURING THE PRECEDING WEEK AND ONE COPY OF THE CUSTOMER'S
DECLARATION OF OWNERSffiP. THE FORM SHALL CONTAIN THE SAME
INFORMED TO BE RECORDED IN THE LICENSE HOLDER'S REGISTER PURSUANT
TO SUBSECTION C, OF Till$ SECTION. THE LOCAL LAW ENFORCEMENT
AGENCY SHALL DESIGNATE THE DAY OF THE WEEK ON WHICH THE RECORDS
DECLARATIONS SHALL BE SUBMITTED .
L . EVERY SECONDHAND DEALER LICENSE HOLDER SHALL PAY TO THE CITY A
FEE FOR THE TRANSACTION FORM. TmS FEE SHALL BE DETERMINED BY THE
CITY AND SET BY RESOLUTION.
M. EVERY SECONDHAND DEALER LICENSE HOLDER SHALL, AT HIS/HER EXPENSE,
KEEP RECORDS OR PROVIDE REPORTS IN SUCH MANNER AND BY SUCH
METHODS AS MAY BE DETERMINED FROM TIME TO TIME BY THE LICENSING
OFFICER.
N . NO SECONDHAND DEALER LICENSE HOLDER, EMPLOYEE, OR AGENT OF THE
SECONDHAND DEALER LICENSE HOLDER SHALL PURCHASE ANY
SECONDHAND PROPERTY FROM ANY PERSON UNDRR THE AGE OF EIGHTEEN
(18) YEARS OR FROM ANY PERSON UNDER THE INFLUENCE OF ALCOHOLIC
BEVERAGE OR DRUGS .
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NO SECONDHAND DEALER LICENSE HOLDER, EMPLOYEE , OR AGENT OF THE
SECONDHAND DEALER LICENSE HOLDER SHALL PURCHASE ANY
SECONDHAND PROPERTY FROM ANY PERSON KNOWN TO BE A TmEF OR TO
HAVE BEEN CONVICTED OF LARCENY OR BURGLARY , WITHOUT FIRST
NOTIFYING THE DEPARTMENT OF SAFETY SERVICES. SUCH NOTICE SHALL
NOT BE DEEMED AS AUTHORIZATION BY THE CITY FOR THE SECONDHAND
DEALER TO MAKE A PURCHASE FROM SUCH PERSON .
NO SECONDHAND DEALER LICENSE HOLDER SHALL TAKE ANY SECONDHAND
PROPERTY FROM A CUSTOMER ON CONSIGNMENT.
NO SECONDHAND DEALER LICENSE HOLDER, EMPLOYEE OR AGENT OF A
SECONDHAND DEALER LICENSE HOLDER SHALL PURCHASE ANY
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SECONDHAND PROPERTY WHEREIN THE IDENTIFICATION NUMBER, SERIAL
MODEL NUMBER, BRAND NAME, OWNER'S IDENTIFICATION NUMBER OR
OTHER IDENTIFYING MARKS ON SUCH PROPERTY HAVE BEEN TOTALLY OR
PARTIALLY OBSCURED.
R . ANY POLICE OFFICER MAY ORDER A SECONDHAND DEALER LICENSE HOLDER
TO HOLD ANY SECONDHAND PROPERTY FOR PURPOSES OF FURTHER
INVESTIGATION. A HOLD ORDER SHALL BE EFFECTIVE UPON VERBAL
NOTIFICATION SECONDHAND DEALER LICENSE HOLDER BY ANY POLICE
DEPARTMENT. NO SALE OR OTHER DISPOSfflON MAY BE MADE OF SUCH
PROPERTY HELD BY ANY SECONDHAND DEALER WHILE THE HOLD ORDER
REMAINS OUTSTANDING. A HOLD ORDER SHALL SUPERSEDE ALL OTHER
PROVISIONS OF THIS SECTION, AND ANY SALE OR OTHER DISPOSfflON OF THE
PROPERTY AFTER THE SECONDHAND DEALER HAS BEEN NOTIFIED BY THE
DEPARTMENT OF SAFETY SERVICES OF A HOLD ORDER SHALL BE UNLAWFUL
AND A VIOLATION OF THIS SECTION.
S . IF ANY POLICE OFFICER DETERMINES THAT ANY SECONDHAND PROPERTY
HELD BY A LICENSE HOLDER JS STOLEN OR ILLEGALLY OBTAINED PROPERTY,
SUCH OFFICER MAY IMMEDIATELY CONFISCATE SUCH PROPERTY AND MUST
PROVIDE THE SECONDHAND DEALER LICENSE HOLDER WITH A RECEIPT AND
CASE REPORT NUMBER.
T . A LICENSE HOLDER WHO PURCHASES ANY SECONDHAND PROPERTY FROM A
CUSTOMER WHO IS NOT THE LEGAL OWNER THEREOF OBTAINS NO TITLE TO
THE ARTICLE. IGNORANCE OF THE FACT THAT THE ARTICLE WAS LOST OR
STOLEN SHALL NOT BE CONSTRUED TO EFFECT THE QUESTION OF THE TITLE .
IF THE SECONDHAND DEALER LICENSE HOLDER SHALL SELL SUCH ARTICLE TO
A THIRD PERSON, THE LICENSE HOLDER SHALL RECOVER THE ARTICLE OR
REIMBURSE THE FAIR MARKET VALUE OF THE ARTICLE. THE LAWFUL
OWNER MAY, UPON PROOF OF ms OR HER OWNERSHIP OF THE ARTICLE LOST
OR STOLEN, CLAIM THE SAME FROM THE LICENSE HOLDER TO RECOVER THE
SAME BY THE APPROPRIATE LEGAL MEANS .
Ses:t;ion 2. Safety Clau,ea The City Council , hereby finch , determines, and declares that thia
Ordinance is promulgated under the general police power of the City of Englewood, that it is
promulgated for the health, aafety, and welfare oft.be public, and that thia Ordinance ia neceHary
for the preservation of health and aafety and for the protection IX public convenience and welfare .
The City Council further determines that the Ordinance bean a rational relation ID the proper
legislative object sought to be obtained.
Ses:t;ion 3. Seyerabjljty If any clauae, sentence, paracraph, er part of thia Ordinance or the
application thereof to any person er circum1tance1 aball for any reason be adjudged by a court of
competent jurisdiction invalid, such judgment aball not affect impair or invalidate the remainder
of this Ordinance or its application to other penona er circumatances.
Ses:t;igp 4 lps;gp•iU:CPt Ordjpapc;c, All othm-Ordinancea er portiou thenof inconaiatent or
conflicting with thia Ordinance or any portiOD benof are hereby repealed ID the atmt of 1uch
incon1iatency or conflict.
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S@c;tigp 5 Effect qf r:,pe•J qr mpdjfic:,tigp 'lbe npeal er modification al my pnmaion of the
Code of the City al Englewood by dlia Ordinance lball llllt rel-, emn,uiab. alt.w, modify, or
clump in whole er in part any penalty, forfeiture, er liability, either civil or criminal, which
shall have been incurred under IUCh pnmaion, UMI each provision ahall be w.ted and held aa
atill remainiq in fara! for the purpmN al naWJ1U11 any and all proper adiana, auita,
proceedinp, UMI pr'ONClltiom for the enforcement al tbe pmalty, forfeiture, or liability, • well ••
for tbe purpme al auatainiq any judgment, decrN, er arder which c:aa or may be rendered,
entered, er made in IUCh aetiOIUI, auita, proc-'inp, or ..-itiam.
Sertim 6. bPaltl. 'J.1ie Penalty Provision al Sectian 1-4-1 shall apply tD each UMI •••ry
yjolatioo of diia ~-
Introduced, read in full, UMI palNd CID ftnt readinc CID tbe 7th day al April, 199'7.
Published U a Bill fir an Ordinance CID the 10th day al April, 199'7.
Tbomu J. Barna, llayor
ATTEST:
Louc:riabia A. Ellia, City Clerk
I, Loucriabia A. BUia, City Clwt altbe City al......,_., Calando, ._.., catiff tbat the abcffll
and forepiq ia • true copy al. am for an ~ introclaeed, read in fall, ud ,..... Oil ftnt
readinc CID the 7th day al April, 1997 .
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Date
April 7, 1997
INITIATED BY
Utilities Department
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COUNCIL COMMUNICATION
Agenda Item Subject
10 a iv
Water Conservation Master
Plan
STAFF SOURCE
Stewart H. Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
A Public Hearing regarding the Water Conservation Plan was held March 11, 1997 in
conjunction with the March Water Board meeting . Notices of the meeting were published in
the Englewood Herald on January 23, 1997 and February 20, 1997.
RECOMMENDED ACTION
The Englewood Water and Sewer Board recommended Council approval at their March 11,
1997 meeting of the Water Conservation Master Plan.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIAED
The City of Englewood Utilities Department, recognizing state and federal mandates to reduce
water demands in their service area, evaluated the impacts of water conservation on water
supply and resource planning. It was determined that it was more beneficial to the City's
utilities to positively direct water efficiency planning rather than read to lower water
consumption.
The proposed Water Conservation Master Plan outlines Englewood's existing water system,
history, the community it serves, the public information program, the metering program, leak
repair and maintenance and additional proposed water conservation measures .
After reviewing the plan, the Water and Sewer Board then invited Englewood citizens to
review the plan and make comments . The plan was submitted to the Office of Water
Conservation, Water Conservation Board, Department of Natural Resources and approved
with minor changes that have been incorporated in the final plan.
FINANCIAL IMPACT
The proposed plan would enable Englewood to apply for state loans and grants .
LIST OF ATTACHMENTS
Resolution
Water Conservation Master Plan
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SERIES OF 1997
A BBSOLUTION APPIIOVIMG TBB WA'l'BB OONBBllVATION 11.ASTD PLAN FOR
THE CITY OF ENGLEWOOD, COLORADO.
WHEREAS, the City of Englewood Utiliti• Department recx,piw state and federal
mandatN to reduce water demanda in their aervice area; and
WHEREAS, the City of Enclewood evaluated the impacta al water comervation on water
1upply and l'810urce plannina; and
WHEREAS, it wu determiDecl that it wu more bmeftcial to the City al Enclewood
UtilitiN Department to poaitively direc:t water efflc:ieDcy planain, rather than react to
lower water c:onaumpticm; and
WHEREAS, the pl'OpOlecl Water Commvation Muter Plan outlin• Enpewoocl'1
ailting water .,.tan, hiatory, the community it aemma, the public information Jll'CIP'&lll,
the metering J>l'OP'Ull, leak repair and maintenance u well u additional propoaecl water
COD1ervation meuure1; and
WHEREAS, the Plan wu reviewed by the Englewood Water and Sewer Board and wu
then submitted to the Office al Water Couervation, Water ConNrntion Board, Colorado
Department of Natural Relourcel for approval; and
WHEREAS, the Water Commvatim Muter Plan for the City al Enclewood, Colorado
will enable the City to apply for state loam md grants; md
WHEREAS, The Enp,wood Water and Sewer Board ~ended approval of'l'be
Water CODNrYatim Muter Plan for the City ofEqlewood at their n,ular meetiq of
March 11, 1997, after a public bearing wu held reprdinc the Plan;
NOW, THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OP THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Semor 1. The City Council altbe City al Bap,wood. Colando bavm, l'8'rieftd the
Water eon-vation Muter Plan tiJr the City al Bapwood. bm9by approw91 Mid Plan,
attached hereto u Ea:bibit A.
ADOPl'ED AND APPROVED tbia 7th day al April. 1997.
Tbamu J. Burm, Mayor
ATTEST :
Loucrilbia A. Ellil, City Clark
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I, Low:riabia A. Ellill, City Clerk for the City of Engl-oocl, Colorado, hereby certify the
above ia a true copy or Rellolution No.__, Seriell or 1997.
Loucriabia A. Ellia
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WATER CONSERVATION
MASTER PIAN
City of rnslewood
Agmyed Bv City CoypciJ R,esoluticm No, Mw,;h 1997
Submiued to Office of Wat.er Conservation
Wat.er Conservation Board
Depmtmc:nt of Natural R.esoun:cs
State of Colorado
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BACKGROl .''.\D
Water Svstem Historv
Prior to 1952, Englewood was served water by the Denver Water Board. In 1948, however, the
citizens of Englewood voted to issue bonds to develop an independent water system. During this
period between 1948 and 195:? the City acquired water rights and developed the physical plant to
treat and distribute the Water.
The first water right purcbucd was the Atchinson Ranch rights. located on the present site of the
Lochccd-Martin complex near KciH:aryl in the southwest Denver metropolitan area. Later in
the mid-l 9SO's, partly in response to drought conditions, additional investments ~ made in
Bear Creek and the South Plane warcr rights . Also during the 19SO's the City of Englewood
purchased transmoumain diversion warcr from the Blue River basin and Ranch Creek, Meadow
Creek rights near Fraser where warcr was delivered through the Moffat Tunnel.
After securing the water rights, Englewood focused its efforts on consuucting the necessary
physical plant to deliver and treat the water. The intake structure, located ar the hcadgue of the
Petersburg Ditch near Union Avenue and the South Platte River was one of the fim SllUCtU1'CS
built. The water was pumped from there to a :?5 MGD treatment plant. located at South
Windemere Street and West Layt0n Avenue.
In 195:?, when the City began operation of its water system, there were 6,185 tapS on the system,
including the Southeast Englewood Water District. which WIS located outside the City . By
1961 the numberoftapS had grown to 13 ,500. During the 1960's, as the water system ~at a
rather rapid me. the City bcpn experiencing opcralional problems. To address these problems
the City consuuctcd its second water ueatmem plant, the 7 MGD capacity Bear Creel. Treatment
Plant In 1965 . the City also conswcted the 6 ,000 acre-foot McLcllan Reservoir near County
line Road and Sama Fe Drive .
Also in 1965 the Sourheast Enalewood Water District terminaled iu contract with Eqlewood
and qrecd to a supply comract with the Denver Wucr 8oud. Southeast Enpwood's decision
constituted a loss of ~.700 tapS from the system or about 35•4 of the toca1 water tapS at the time.
This WIS a major financial cballcqe for Enpwood durins a time of system expansion. To bclp
pay for many of the ~'SICffl's recem uppadcs. the City emered ink> water supply qreemems
-with AMAX. Thornton and Mission Viejo .
To improve operational efficiency , the Allen Filter Plant wu upsradcd in 1977, and then apin
in 1980 to 34 MGD . With the uparade of the Allen Plant, the Bear Creek Plant's operalioa wu
suspended. The City has also commenced a propam to symmatically uppllde ,ts Wiler system
to replace older pipe and facilities with new equipment. pipe and plant.
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Englewood has 800 ,000 feet of water pipe in the City serving 10 ,675 accounts . The accounts by
customer category in Englewood is as follows : 8,610 Single-Family residential, 919 Multi-
family, 6 mobile home parks, 1,068 commercial, 11 industrial and 61 public . Presently, there
arc 4,714 flat rate residential accounts . The City docs not project any large growth in the near
future with onl y S 12,000 in water tap fees estimated for 1996 .
The City of Englewood's water rates arc one of the lowest in the Denver Metropolitan area. The
average water bill in Englewood is S65 per quancr with the rates averaging S l .27/1,000 gallons.
The City 's water service goal is to provide reliable, high quality water at the most reasonable
price possible . The City has no plans to serve large new areas of growth.
TheCitv
The City of Englewood was incorporated in 1903 with a land area of 4,410 acres. ss,-., of the
land is residential , 35% industriaL'commcrcial and '79/, public . The City is landlocked with no
appreciable amount of land that can be annexed. During the past five years, the City of
Englewood's population has hovered around 30,000 . In 1994 the population reached as high as
33,000 and in 1996 the population is approximately 29 ,950 . For purposes of this study, the City
is using a baseline population of30,000 . Projections by City Staff indicate a slow growth rate
with the City not expected to increase beyond 35 ,000 in the next ten years . Thus, most of the
City's land use policy is focused on in-fill and its utility policy is centered on upgrading existing
facilities . With the water system planning and consuuction accomplished during the I950's, 60's
and 70's the Ci~· bas little need to expand its existing plant or water rights.
Demographics indicate that a large portion of the City is more mature than most suburban
metropolitan area cities ,vith a more diverse income range . The following facts about the City
are pro,i ded based on the "National Decision Systems Repon on Census "90. Updates, and
Projections For Englewood":
• average age is 38 , with almost '7910 of the population over 75
• the median propcny value SI00,000,
• 90% of the City was built before 1980 , with over 50'/o of the City built before 1950, and
a,·erage household income is approximately $49 ,000, with 650/o of the household making
less than S50.000 and 33% making less than S25 ,000 .
Englewood , according to the City's Planning Department's projections, is not expected to
increase its water demand through new growth . In the City's best judgement, conservation's
contribution to the City is in regards to operational efficiency . with the benefit being less
pumping and chemical treaanent in both its water and wasteWater plants . Water is also seen as a
source of income for the City . With added efficiency , the City may have more water to allocate
for lease outside the City .
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In l 995, Englewood treated an average of 6.S MGD at its Allen water trealmellt plant. This is
down from 7.8 MGD in 1991. Average annual water CODSUIDption by account in thousand
gallons is as follows:
Single Family 113.13
Multi Family 620.86
Mobile Home 3482.00
Commercial 1258.371
Industrial 18200.44
Public 1798.01
The estimaled indoor water use wu bued on a study conductcd by AquaSan in the older portion
of Westminster (Pre-1977) which is similar to Englewood in demopapbic:s and physical
construction Oot size, home size. agie. etc. ) and water usaae (awnae single-family 113,000
gallons). The Westminsler study was c:oaducted using data logers on a SUlistically
representative sample population. The results of this analysis and the assumptions used by
Englewood in developing this conservation plan are as follows :
Residential per capita use in gallons S1IIIIJIWY
Baths
Showers
Toilets
Faucets
Clothes Washers
Dish Washers
Cooling
Leaks
TOTAL
S.13
9 .68
16 .73
6.10
16 .09
0.89
6.93
0 .48
61.63
The average number of residcnls per home is assumed to be 2.5 persons. with annual indoor
water use being 50,200 pllons and OUldoor 60,300 pllom and cooling 2,500 pl)ons. T ocal
single-family residential use is estimated u 113,000 pllom (.35 acre-feet) annually .
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For multi-family, indoor water use is based upoa ID extrapolation of AquaSan's multi-family
data base from DaMr, Littleron, Westminster, and Jefferson County.
Baths s.so
Sbo~ 9 .80
Toilets 1S .1S
Faucets 6.00
Clothes Washers 10.SS
Dish Washers 0.8S
Cooling 2.00
Leaks 3.7S
TOTAL 5'.20
Average occupancy for multi-family according to the US Census is 1.8 persons per unit. Annual
indoor water use for a multi-family unit is estimated then as 35,610 gallons. According to
Denver Water data, the average residential unit will use SO% of their water for outdoor
irrigation. Based upon this assumption the estimated outdoor water use is 3S,6 IO gallons, or a
total of71,220 gallons ( .22 acre-feet) per unit
For Commercial/Industrial, indoor water use is usumed to be 3S gallons per employee per day .
Using this base dabl for purposes of evaluation, the City's conservation plan includes the
following C1Dmlt programs :
Public Infonnation
Melering
Leak Detection
Plumbing Code
Nonpcnable and Water Rcuse
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CO'.'SER\ .. .\ TIO'.' .\IE..\Sl.'RES
Public Information Procnm
Currently, the City has an annual newsletter called "The Pipeline" that is sent to all its water
users. This newsletter is used to infonn the citizens of Englewood about various utility issues
including water conservation ideas . In the last issue a xcriscape demonstration garden
developed by Englewood Parks Department at Little Dry Creek Plaza was featured along with
tips on how to conven existing landscaping to xeriscape. The last issue also provided outdoor
and indoor water conservation tips.
The City has also established a public bulletin board at City Hall for water conservation. This
bulletin board provides brochures and information about xeriscape, retrofitting the home with
low water using appliances, and other educational materials about water conservation and its
importance to the efficient operation of the City's water system.
Metering J'rocram
The City of Englewood is committed in its effort to meter the entire city to provide an accurate
measurement and record of water use which will aid in the promotion of water conservation.
Metering has been effective in making customers more aware of how much water they are using
and to equitably distribute the costs of the operation and maintenaace of the water system .
Presently 55% of the City's customers are metered.
The metering program is enforced through the City Code which n:quin:s the installation of
meters in flat ra1e homes when the propeny ownership or ZIOIIUII IISC chanaa-On a weekly
basis the City checks records of transactions in the City and if these aamactions indicate that the
ownership of a flat rate account has changed the City immediarely sends the owner a notice to
install a meter. This Code was adoplCd in March 1987, and bas been successtul in convenina
approximately 300 flat rate to IDCfel' changes per year which bas resuhed in a 20-/e reduction in
peak water use. To comply with CRS 37-97-103, which requires the entire city to be meteRd by
the year 2009, Englewood will review its presem meterina prosram in 2002 to determine a plan
of action to assure compliance with Swe law .
The City also has an ongoing program oflDCICr repair, replacement and recalibration . The meier
reading, repair/calibration and meter purchases are approximaacly 2% of the budpt.
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Leak Repair and Maintenance
The City of Englewood is making a large effon to reduce the amount oflcakage to 5%; however,
the amount oflcakage cannot be accurately determined until the entire city is metered. To
reduce leaks, the City bas funded a work plan to upgrade and replace older deteriorared water
mains. This capital improvement work plan estimates the replacement of 500 feet of pipe per
year with an invcsuncnt ofS500,000 during the next 10 years . Records indicate that In the past
three years, the City averages about 450 feet of new water main installed.
In addition, the City's leak repair and maintenance program includes the following:
l. The City water department performs leak surveys which include pressure drops. surface water
complaints and investigation of dirty water complaints.
2 . The City's maintenance crews respond as soon as poss1blc to repons of actual or detected
leaks . They assess each situation individually by making the appropriare shutoff to isolare tbe
leak and reduce the volume oflost water.
3. Record keeping of all leak detections or repairs. In 1995 the records indicated 16 water main
breaks, 21 service line leaks or potential leaks detected, and 3 7 leaks or potential leaks repaired.
In the past five years tbe repair history of the City bas indicated a steady improvement in
reducing leaks .
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4 . The City is replacing open ditches which are used for iJTiption with pipe. Tbe largest of
these projects is the piping oftbe City Ditch through Eqlewood. To date the City bas
completed 8,000 feet of the City Dia:h with about 12,000 feet still to be completed.
5. The City is convening its sedimentation reservoirs to a covered floxed system. This pally
reduces evaporation in the water treatment process saving :?4Ye of the reservoirs 80 million
gallons .
Plambia1 Code
The City of Englewood's Plumbing Code requires Waler sawaa devices for all new c:onsuucuon.
These water conserving devices include a maximum 1.6 piton per flush toilets, 2.5 pn faucCIS
and 2.5 gpm shower heads . •· •
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Water Rease and Noapotable System
The City of Englewood presently bas few options for using recycled wutnatcr fiom treatment
facilities because of its location on the South Platte and its return flow obliptions for its water
rights. The largest ilrigator in the area. the City uses the non-potable water released fiom the
plant for irrigating the turf around the beatmcm pJant. As the Platte Valley continues to
redevelop the City staff will continue to explCR new sources for water reuse
The City does, however, provide water for the City Ditch which is used to irripse Wasbington
Parle, City Parlt, and Denver Country Club. The City Ditch water is also used to irrigate
cemeteries, arboretums and bolanical gardens.
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ADDITIONAL WATER CONSERVATION MEASURES
Tailoring a water conservation program for Englewood has required an understanding of its
demographics and water use to determine the benefits and economic feasibility of various
conservation measures. Typically, the most important benefit of a water conservation program
has been the deferral or downsizing of capital facilities and costs associated with growth. As the
City has sufficient water and capacity to meet its projected future average day and peak
demands, the benefits of water conservation are more associated with reduced operational costs.,
e.g., chemical provisions for water and wasteWater treatment, through reduction of peak and
average day demand.
The City also believes that because of the age of most of the structures in the City that a large
percentage of the inefficient appliances and fixtmes will be replaced in the next 20 years by
more water conserving appliances and fixtures through natural retr0fit. The City does not
presently see the efficacy of investing in replacing appliances and fi.'<tW'eS through a proactive
program of rebates, subsidies or give aways . This policy however, will be reviewed periodically
by the City to determine if direct investment is economically beneficial to the city residents . The
City also believes that coordinating its conservation effons with other metropolitan cities that
have significant investment in and benefits from conservation efforts will help promote the City
of Englewood's program .
Thus. it is the initial intent of the Ci~'s programs to reduce water use and leaks by encouraging
voluntary water conservation through the example of installing water conserving measures on
City owned facilities, and by education, volunwy action, and Ci~· assessment assistance.
Evaluation
For each conseivauon measure considered, the City has estimated the affected population or
number of accounts by multiplying total population of the service area (accounts) by the
proJected population influenced by the measure . This factor is the market penetration times the
installation rate . The market pencuuion is the percemqe of the customer class that receives the
measure . The installation rate is the pen:emage of those custOmCrS who actually install the
device or implement the measure. The combined effect is anributable to who pays for the
devices and to the measures design. protnotion, cUJTent use, applicable regulations, incentives
and acceptability .
Costs for each measure are based on ~ence of other utilities and are estimated costs only
and were developed through the use of the baseline data described above in the "Inventory"
section .
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t. WM Efflcip1 .\11Ha1511 M4 filtlm
Because oftbe averaae aae of the homes in EDalewuod 111d the Cnys praent belief'tbat many of
the older appliaaces 111d fixlures will be replaced wilb more wmer effic:ienl appliuces 111d
fixtura 1bmup natural retrofit, the City's eft'ons far WIier efficient appliances and fiXIUreS will
be focused toward encouraailll rq,lrmt of DOHOIINMJll 10ilels, cJolbes wuben, faucets
and shower beads tbroup education/awm:ness proanaas, code adoption 111d c:oordinlled efforts
wi1b SIIIIOUlldina muaic:ipalities.
TemllltlaamdC•of ........ :
Water 5aYiap by 2827
......... CflllllAF
Evaludoa P,ap .. :
$~
393 acre-feetlyear'
S13
Dlltriblldoll of 18,NO broclums
............ pacull 18 city
l'lllideatl by Jaly 1991.
The City will adopt a plumbiq code that requires all new buildinp 111d remodeUina to illllall
1.6 pllon toilets 111d 2.S pn shower beads. This code adopciOD will be cnnplimemed wi1b the
distribution of a broc:bure about the beneths ofwarer efficient toilets. showerbeads and wubina
machines .
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Water Savillp by 2027
Procnm C.VAF
Evaluation Prosnm:
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Savinp illcladed above 5
$9
Adoption of couervatioa code by
Dec. 1997 and diltribatioa of 5000
brochures by Jaly 1998.
In cooperation with Denver Wat1:r dislribule brochura reprding the water, sewer, and energy
savinp ofhorizon1al axis (front load) wubers, and ta, new clothes washers re: Wiler" use. Also
work with Public Service Compay with rebala for ps driers, to promote borizomal axis
clothes washers.
Total Eatiaated COit of Prapam:
Water Saviap by 2027
Evalutioa ........ :
Savinp illcladed above'
S 19
DistriblltioD of 5000 doclles
waldq bncllares ill cooperadN
witla odler utilities by JIiiy 1991.
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2. Low Water Use Landscapes apd Efficient lrription
Encourage water efficient landscaping and irrigation design by working with local
plumbins'warehouse stores and nurseries and through demonstration and publicizing of water
conserving landscaping and irrigation designs in local papers and the "Pipeline".
Total Estimated COit ofP....-:
Water Saviap by 2027
Procnm Cmt/AF
Ev~luation Procna:
J. E;maaded Public Edacatioa rromm
SDN»'
190 acre-feet/year'
S 11
Diltrlblltion of 1000
landscape/irriptioa brochures to
city landscape bllliaeaes by Jane
1999 and oae oauide water ue
eff"aciency article in tbe "Pipeline"
per year.
Public education is not anticipated to provide a direct water savings; however, the City does
believe that throush public education of demand issues that the penetration and conversion rates
will increase for other conservation measures . To disseminate infonnation, the following
program has been developed:
• Additionally, the City's Parts Oeplnmcnt will insull xeriscapc in several of its parks for
demonsttation purposes.
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Total Cost or Procram:
Water Savings by 2027
Program Cost/AF
Evalutioa Program:
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s 4,500
o ac:re-reet/year
SNA
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lutallatioa completed by Dec. 1997
DeYelop strong marketing plans to market Wiler COIISCl'Wlion for each main c:ustomcr
group, and elected and appoillled officials that includes the following:
1. Make xeriscape videos available for check~ at the City Library. Celt S 200
2. C~ a collection of information on the City's Web site and provide a mecbaoism for
receiving feedback from water customers on the Web. Celt S4.SO
3. Offer school programs oo water resources and distnbute the Colorado Water
Education Foundation's water resource map to all classrooms in Englewood School
District. disU'ibute maps , and offering tours of water facilities and conservar:ion
demonmations to teachers and students. Cost S 7,200 10
4. Use "The Pipeline" to provide clear WIiier use iofomiation and helpful comparisons
and to advenisc the water conservation customer assistance program.COit $480 11
S. Include water conserving tips in the water bills for tine years. COit $4,725 .12
Toca! Estiaated C• of Prosna:
Water Saviap by 2027
Procraa Cost/AF
S 13,075
0 acre-feet/year
SNA
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Evaluation Procram:
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Two "Pipeliae" articles per year,
discribadoll or CWEF .... by
Jue, 1997, Web lite established by
Jue, 1998, videm hi Ubrary by
September 1997, ud comervatioa
tips ia bills by December 1997.
• Shue infonnation and work closely with other water providers on conservation plans
through the City's membership in Metro Water Conservation Inc.
Total Esdaated Cost or,.,...._:
Waler Saviap by 2027
P1"0p1118Cost/AF
Evalutio• Prop,ua:
Sl00
SNA
MWO dues paid by Ju. 1997
• Make sugcstions and contnbutions to the American Water Works Association Rcsean:h
Foundation for consci,1ation n:scarch.
Total Estimated Cost orProcram:
Water Savings by 2027
P1"0p1118Cost/AF
Evalaadoa Prop11m:
"· lkoMCY Maam; Qrdiuua M4 ct4P
S 1,000U
0 acre-feet/year
SNA
Coatriblltioa aade by Jue, 97.
• Review City Operating Rules for opportunities to specify conservation requirements and
amend as necessary .
Total Estimated Cost or Prop,ua: -· S 1201•
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Water Savillp by 2027
Evaluatioa Prop-am:
"'
0 acre-feet/year'
SNA
Sabaittal of a report to Utility
Board by September 1998.
.. Begin review process to establish a code requiring sub-metering in new multi-family
housing.
Tomi Isdaated COit of Pnp,m:
Water Saviap by 2027
Procram CtlfllAF
0 acre-feet/year
SNA
S.llaitlal of a nport ID Utility
8-rd by Sepceaber 1991.
.. Dewlop "Conservation Guidelines 111d Slmdards" for incorporation iDlo City
Resolutions .
Tomi Esdaated COit of Jlrapaa:
Water Saviap by 2027
Propua C,mJAF
Evalaatioa Prapma:
S 01'
SNA
• Presently , a large percenllft ofdle City remaim flla la. As die City 1DCMS 1Dlllmd
wtiversal metering die City will ~ la sauauns which e11C01nf1 -
conservation .
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Total Estimated Cost of Pn,sram:
Water Savinp by 2027
Program COit/AF
Evaluatioa Procnm:
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S 72011
0 acre-feet/year
SNA
Rate review bi-uaully.
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Encoun&e the l 00 highest water using commercial and industrial CUSIDIDffl to identify
leaks. examine water use pam:ms and recommend WIier c:omervmcm measures to
reduce water demand Specifically for cc,mmaciallindusaial clicnD CDCCllftF analysis
of single pass cooling systems, water reuse applications. cooling u,wa-modifications.
cleaning processes. & laundry equipment.
Total Estiaated Cost offnllrUl: sto.tNI01'
Water Saviap by 2027 10 acre-feet/year3'
st•
Evalutioll Prosram: Perfora 10 • mu/year
• Assist commerciaVindustrial usen in developing or inwstiptina altemllives to usiDI
treated water for their proc:essina.
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Tocal Estimated COit orProsn•=
Water §map by 2027
Pl'Op'UI Cm/AF
Eftlutioa~
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PUBLIC PROCESS
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The City of Englewood recognizing state and federal mandates to reduce water demands in their
service area, instructed its staff to evaluate the impam of water consemuion on water supply
and resource planning. It was the City's determination that it was more beneficial to the City's
utilities to positively direct water efficiency planning rather than react to lower water
consumption which is inevitable because of the federal mmde!es requiring the manufacture of
water conserving fuaures and appliances.
In an attempt to de\/elop a positive, proactiYe imqe of the City's water coma vation plan. the
City bas involved key COlllllWllity leaders to review the propm. Public aepresematiws. tine
council members and four volunteers, were ,elected by the City Council to CMrSee the City's
utility activities. These public represcmalMS known • the Enpwood Utility Boerd reYiewed
the program ddaiJ by detail and provided valuable mpul imo wbicb water conservatiOD melbods
would be most effective. After reviewing the pretimimry plan. making amendments. the Utility
Board then invited members of the public to review the plan and make comments
After public scrutiny of the plan, the Plan was submitted IO the City Council for 1heir review and
approval .
The following is a copy of the affidavit and public notice providina for a 60 day public conunent
period and where ro inspect the plan :
PASTE COPY OF AFFIDAVIT HERE
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PROGRAM IMPLEMENTATION
Meanre Applia11a1 I.wlmipa ..... lllry hblic Cllltoaer
M...,. Ed•calioa Aailtaace
Background The assumed &WlaF F.nglewood The City bis a Tbeageoftbe Duect
IF of appliances consists of larpolder City and assis1aace to
and fixlures in City moldy older pnpulerion wilb • limiled customers. ..
is cm years old. The homes with wide oppommities specifically
replacement wilb smallyardl, demoaraPbic/ec:an forpowdl comm/ind.
newer appliances wilbrmlMly omicbale. dic:1aleS 1h11 . customers.in
and fixlures should lqt%111D11 a.a,es1ocodes one oftbe addrasiDa
be cft'ectM. hoses.
---imo
most efl'ecme more efficient
accouat tbele City means to use of their
inlaats. reduce water water
will be tbrougb resources .
the use of
public
education.
Material Costs S9,000 $2,000 so Sl 1,49S · Sl,000
Labor Costs $1,000 $0 $1,.560 S 7,180 $60,000
Other Costs so so so so so
Wm:r Savinp 393af 190af 0 0 396af
?aybeck Period Syan 3:yars 1 year 3~ 5yean
Swt Dale December, 1997 June, 1999 June, 1998 February, 1997 June 1996
End Date July, 2000 October, Bi-mnual December, on-going
2002 review . 2002
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Author: lhoffhine• at a119lewood
Date, 4/3/97 04145 PM
Priority, Noraal
TOI Mail Li•t -#City Council
T01 ULLIS
TO: DBROTIMAN
TO: lll'RITI
TOI CBUJUUIGa
TOI Sl'OIIDA
T01 S8JtADSRAII
Subject: Agenda arror
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Oopal On the AIJenda for Nonday'• Council lleetiRCJ, it-10 a v (South
Platte River Channelisation Project •-nt) •hould be • BILL POil AN
OJtDIIIAIICa, not a reaolution •• I erroneou•ly li•ted it.
I've hand-written the correction on Council'• copi•• of the a99nda•,
but I wanted to 9ive everyone the head• up.
Pl••-accept ay apolOCJi•• for any inconvenience thi• -Y cau-••••
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Date
April 7 , 1997
INITIATED BY
Utilities Department
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COUNCIL COMMUNICATION
Agenda Item
10 a V
Subject
Easement on S . Platte River
from Colo. Water
Conservation Board
STAFF SOURCE
Stewart H. Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
NIA
RECOMMENDED ACTION
The Englewood Water and Sewer Board, at their February 11 , 1997 meeting, recommended
Council approval of the Easement with the Colorado Water Conservation Board for
improvements along the South Platte River Channelization Project.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Englewood Utilities Department requested a nonexclusive easement for the purpose of
construding and maintaining a raw water line through the portion of land owned by the
Colorado Water Conservation Board as part of the South Platte Channelization Project. The
easement shall temporarily be 50 feet wide during the water line installation and will be
reduced to a width of 20 feet upon completion. The length of the easement shall be
approximately one mile, from Union Ave . to Oxford Ave .
In exchange, the City will continue its grant of three two-inch water taps for irrigating the
10,000 Trees Project for the purpose of irrigating trees or for another irrigation use designated
by South Suburban. The guarantee of the stated tap use is evidenced by a certificate issued
by the Colorado Water Conservation Board to South Suburban, a copy of which is attached as
Exhibit B . If the easement is ever revoked , the rights granted for use of the taps discontinue.
The City of Englewood will pay the Colorado Water Conservation Board the sum of $2,250.00
for said easement.
FINANCIAL IMPACT
The C ity of Englewood will pay the Colorado Water Conservation Board $2,250.00 for said
easement for the raw water line crossing . This item is not budgeted. Funds are available in
the Water Fund balance.
LIST OF ATTACHMENTS
Ordinance
Easement with Exhibits A & B
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ORDINANCE NO. _
SERIF.8 OF 1997
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BY AUTHORITY
A BILL FOR
COUNCIL BILL NO. 28
INTRODUCED BY COUNCIL
IIBIIBER ~
AN OJU>INANCJ!: AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
FOR AN EASEMENT FOR IMPROVEMENTS ALONG THE SOUTH PLATl'E
RIVER CHANNELIZATION PROJECT BETWEEN THE COLORADO WATER
CONSERVATION BOARD OF THE STATE OF COLORADO AND THE CITY OF
ENGLEWOOD, COLORADO.
WHEREAS, the Englewood Utilities Department requested a nonexclusive
easement for the purpose of constructing and maintaining a raw water line through
the portion of land owned by the Colorado Water Conservation Board as part of the
South Platte Channelization Project; and
WHEREAS, the easement shall temporarily be 50 feet wide during the water line
installation and will be reduced to a width of 20 feet upon completion; and
WHEREAS, the length of the easement shall be approximately one mile, from
Union Avenue to Oxford Avenue; and
WHEREAS, in exchange the City will continue its grant of three two-inch water
taps to the 10,000 Trees Project for the purpoae of irrigating ire. or for another
irrigation use designated by South Suburban Recreation District; and
WHEREAS, the guarantee of the stated tap u.1e is evidenced by a certificate iuued
by the Colorado Water Conservation Board to South Suburban Recreation District;
and
WHEREAS, if the easement is ever revoked, the grant of the taps shall alao be
discontinued; and
WHEREAS, the City of Englewood's coats to the Colorado Water Conaervation
Board for the easement shall be $2,250.00
WHEREAS , the Englewood Water and Sewer Board recommended approval of the
easement with the Colorado Water Conservation Board for improvements along the
South Platte River channelization project at the February 11 , 1997 meeting;
NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS :
Ses;tjon 1. The intergovernmental agreement for an Ewment between the City of
Englewood and the Colorado Water Conservation Board of the State of Colorado is
hereby approved . A copy of said A,reement is attached hereto u "Exhibit l" and
incorporated herein by reference.
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Section 2. The Mayor and City Clerk are hereby authorized to sip and attest,
reepec:tively, the said Agreement for and on behalf of the City Council and the City of
Englewood, Colorado.
Introduced, read in full, and puaed on tint reading on the 7th day of April, 1997.
PubliBhed u a Bill for an Ordinance cm the 10th day of April, 1997.
'l'bomu J . Burm, Mayor
ATTEST:
Loucriahia A. ElliB, City Clerk
I, Louc:riahia A. Ellie, City Clerk of the City of Englewood, Colorado, hereby certify
that the above and foregoinc ii a true copy of a Bill for an Ordinance, introduced,
read in full, and puaed cm tint readiq OD the 7th day of April, 1997.
Loucriabia A . ElliB
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Recorded at ______ o• clock_.M ., ----------------------=,----,--I Reception No. -------------____________________ Recorder. T
EASEMENT
THIS EASEMENT is made and entered into, pursuant to Section 24-82-201 ~ ~.
C.R.S. (Supp. 1996), on this~~ day of 1997, by and between the
STATE OF COLORADO for the use and benefit of the COLORADO WATER CONSERVATION BOARD
(•Granter• l and the City of Englewood, a political subdivision of the State of
Colorado, ("Grantee•), whose address is 3400 S. Elati Street, Englewood, Colorado
80110.
WHEREAS, the Granter is an agency of the State of Colorado created and controlled
by Title 37, Article 60, C.R.S. (1990), which functions for the welfare and benefit of
the State of Colorado and its inhabitants; and
WHEREAS, the United States Army Corps of Engineers ("Corps•) has constructed
improvements to the flow of water in the channel of the South Platte River (•River•)
in Arapahoe County, State of Colorado, with said improvements known as the South Platte
River Channelization Project ("Channelization Projec:•); and
WHEREAS, the primary purpose of the Channelization Project is to provide
drainage, flood control and water flow regulation; and
WHEREAS, the Corps and the Granter entered into two agreements which give the
Granter the responsibility of acquiring land, easements, and rights-of-way for the
Channelization Project and the duty of maintaining and operating the Channelization
Project; and
WHEREAS, the Granter has acquired certain fee title interests, rights-of-way, and
easements within the Channelization Project right-of-way for the purposes of
constructing and maintaining the Channelization Project; and
WHEREAS, the Grantee wishes to acquire and the Granter is willing to grant an
easement for the construction, operation and mainte..'lance of a raw water line on the
Grantor's property within the Channelization Project.
WITNESSETH:
That for and in consideration of the general public interest and benefit which
will accrue from the Grantee '$ development of the easement granted herein, the
guarantee by the Grantee to the South Suburban Park and Recreation District ("South
Suburban") or any subsequent manager of the 10,000 Trees Project of the use of three
(3) two inch water taps for the purpose of irrigating trees planted by the 10,000 Trees
Project or for another irrigation use designated by South Suburban, the payment of the
sum of Two Thousand Two Hundred Fift;· Dollars ($2250 .00) paid to the Granter by the
Grantee, and the keeping and performance of the covenants and agreements hereinafter
expressed, the Granter grants, conveys, transfers and delivers to the Grantee, subject
to the conditions set forth below, a nonexclusive easement for the sole purpose of
using the land covered by said easement for constructing, operating and maintaining a
raw water line, hereinafter referred to as the Projec:, upon, over, across, below and
through that portion of land owned by the Granter as part of the South Platte
Channelization Project (hereinafter "Channelization Project•), situated in the City of
Englewood County of Arapahoe, State of Colorado, which is more fully described and
shown in the legal descriptions and maps attached hereto as Exhibit A and incor;iorated
herein (herei nafter "Property•). Said Easement shall temporarily be f i fty (50) feet
wide during the installation of the Project and shall be reduced to a wipth of twenty
(20) feet upon the issuance of a letter of substantial completion or an acceptance
letter for the Project by the Grantee. The length of the Easement shall be the
minimum necessary for the proper construction, operation and maintenance of the raw
water line from Union Avenue to Oxford Avenue, a length of approximately one mile .
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TO HAVE AND TO HOLD, subject to any existing or recorded easements and rights-of-
way, for the purpose of utilizing such Easement for the sole purpose of ownership,
construction, operation and maintenance of the Project for the primary term of twenty-
five (25) years, coam.ncing on the __ day of 1997, and ending on the
__ day of 2022. At the option of the Grantee, and if approved by the
Grantor, this Bas-nt may be renewed for successive terms provided that: (1) Grantee
has complied with all the terms and conditions set forth herein, (2) Grantee delivers
written notice to Grantor of Grantee's intention to exercise such option at least 180
calendar days prior to the last day of each of said terms, and (3) p&yiNnt in full of
the conaideration for the whole next ensuing term accompanies the said written notice
to renew. The Grantor• s approval of said renewals of this Easement shall not be
unreasonably withheld. Grantee• s consideration for each renewal of this Easement shall
be the sum set forth above as consideration for this Easement, adjusted for inflation.
The parties agree that this Easement is subject to the following conditions:
1. The Granter grants this Easement upon the express condition that the estate
herein granted shall endure only so long as the Grantee utilizes the Easement for
the sole purpose of construction, operation and maintenance of the Project in
accordance with the plans and specifications submitted by the Grantee to the
Granter, which have been signed by a professional engineer licensed in the State
of Colorado and are incorporated herein by this reference. The Grantee shall
ensure that the Project is designed for a design load of up to twenty (20) tons.
In the event that the Grantee uses this Easement for any purpose other than the
specific uses identified herein, then all of the Grantee's right, title and
interest in and to the above described Easement shall become null and void, and
the Property shall absolutely revert to and revest in the Granter as fully and
completely as if this instrument had not been executed, without the necessity for
suit or re-entry; and no act or omission on the part of any beneficiary of this
clause shall be a waiver of the operation or enforcement of such clause.
2. As part of the consideration for this Easement, the Grantee shall guarantee to
the South Suburban Park and Recreation District or any subsequent manager of the
10,000 Trees Project the use of three (3) two inch water taps for the purpose of
irrigating trees planted by the 10,000 Trees Project or for another irrigation
use designated by South Suburban. This guarantee of use of said taps shall be
evidenced by a certificate issued by the Grantee to South Suburban, a copy of
which is attached hereto as Exhibit Band incorporated herein. In the event of
the termination, non-renewal or abandonment of this Easement, the Grantee's
obligation to guarantee the use of said taps shall terminate.
3. This Easement shall include the right of the Grantee to enter onto the Grantor's
property for the sole purpose of constructing and/or maintaining the Project.
Provided however, that upon the non-renewal, abandonment or termination of any
of the Grantee's rights or privileges under this Easement, the Grantee's rights
to that extent shall terminate. However, the Grantee's obligations to indemnify
and hold harmless the Granter, as more fully set forth below, shall not be
terminated.
4. The Granter and the Grantee expressly covenant and agree that the terms and
conditions of the Easement granted herein shall be in compliance with and
subordinate to the terma of the September 7, 1977 and January 29, 1980 Agreements
("Agreements•) between the United States Army Corps of Engineers (•corps•) ,
incorporated herein by this reference. This covenant and agreement include but
are not limited to the maintenance and operational requirements on the Granter
and its designees under those Agreeme.~ts and the necessity for the Granter and
its designees to have unlimited access to the lands covered by this Easement c o
perform all necessary activities . The Grantee shall cooperate with the Granter
and its designees in the performance of its maintenance and operational
requirements . Violation of this provision may be grounds for the Granter to
irrmediately terminate this Easement.
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5. During the term of this Easement, the Gran tor shall have the right to dispose of
the subject land or to use the ••-for other purposes subject to the rights and
privileges herein granted to the Grantee . Thia Eaa-t shall be nonexclusive
and subject to any prior •••-ts granted by the Grantor to third parties, and
to all prior easements of record whether granted by Grantor or a previous owner .
The Grantee expressly agrees to subordinate this Eaa-t to all prior easements
within the Project granted by the Granter . The Grantor reserves the right to
grant additional easements to third parties, provided that said easements do not
materially interfere with the Easement granted herein. The Grantee agrees to
share this Easement, provided that the additional easements do not materially
interfere with the purposes for which the instant grant is made.
6 . The Grantee expressly covenants and agrees that, in the event of termination of
this Easement, in the event that the Grantee elects not to renew this Easement
or no longer needs or desires this Basement, the Grantor, at its sole discretion,
may require the removal, at the Grantee• a sole expense, of all appurtenances from
the property subject to this Easement, and may require the Grantee to restore the
property subject to this Ease-,it, as nearly•• possible, to the condition of the
property existing as of the date of the execution of this agreement, all to the
Grantor's sole satisfaction . The Grantor shall determine in its sole discretion
whether the proposed restoration complies with this paragraph .
7. The Grantee agrees that all excavations or other temporary removal of soil as
required for the proper construction and/or maintenance of the Project shall be
properly replaced, and that the Easement shall be, as nearly as possible,
restored and maintained in its original configuration and with similar
vegetation . The Grantee shall also insure that the Property is left in a
configuration satisfactory to and in compliance with the Channelization Project
design plans and specifications prepared by the Corps. The Grantee shall be
responsible at all times for the immediate repair or reimburae-nt for any damage
to the Property due to the Grantee• s use of the Easea.nt. Routes of ingress and
egress for construction and/or maintenance of the Project shall be limited to the
minimum necessary locations, and all work areas created by the Grantee on the
Grantor's property for construction and/or maintenance purposes mwst be
obliterated, protected against erosion, and restored to the fo~r condition of
the Property, as nearly as possible. The Granter shall determine, in its sole
discretion, whether the Grantee's restoration complies with this paragraph . In
the event the Grantee fails to perform the restorative or revegetative work
required by this paragraph to the sole satisfaction of the Granter, and after
thirty (30) days prior written notice specifying with particularity the failure
and indicating the remedial steps needed to cure same, the Grantor shall be
allowed to perform said work and the Grantee shall pay within thirty (30) days
all direct and indirect costs incurred by the Grantor for restorative or
revegetative work including, but not limited to, regrading, filling,
revegetation, erosion control, and replacing of soil.
8 . The Grantee understands and agrees that so long as the Grantor is the owner of
the underlying fee interest to the subject property, the Grantor may, in its sole
discretion, require the Grantee to relocate a portion or portions of the
Grantee's raw water line by giving the Grantee at least ninety (90) days prior
wr i tten noti ce of such requirement. All relocation coats shall be paid by the
Grantee . In the event the Grantee fails to relocate within ninety (90) days, the
Granter shall be allowed to perform such work and the Grantee shall pay to the
Granter, within thirty (30) days of submission of costs by the Granter, all
direct and indi rect costs for the same .
9 . The Grantee understands and agrees that its facilities are subject to damage and
total loss without liability accruing to the Granter as a result of flooding, as
the result of the ma i ntenance and operation of the Channelization Project, or as
a result of emergency or repair operations to and in the Channelization Project
by the Granter , the Grantor 's design•••· or the Corps .
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10. To the extent permitted by law, the Grantee agrees to indemnify and hold harmless
the Granter against all liability and loss, and against all claims and actions
based upon or arising out of damage or injury to persona or property, caused by
any acts or omissions of the Grantee, its successors, assigns, agents or
contractors.
11. Throughout the term of this Eas-t, including but not limited to any renewal
teni, the Grant .. shall -intain continual c-rcial general liability insurance
covering its use of the Eas-t. Said insurance shall name the Granter as an
additional insured. A copy of the current certificate (sl of insurance and
additional insured endorse-nt(sl shall be attached to this Basement as Exhibit
C and incorporated herein. Notices of renewal of this insurance shall be
provided to the Granter on an annual basis. Said policy shall provide coverage
in the amounts established by the Colorado Governmental I-ity Act (Article 10,
Title 24, lOA C.R.S. (1988)), both now and as hereafter amended.
12. In the event that the Grant .. contracts for any work to be performed on the
properties, the Grantee shall require its contractors and subcontractors, except
the Corps, to indeamify, save and hold harlll.e•• the Granter, its employees and
agents, and the Corps from any and all claims, damages, and liabilities
whatsoever for injury or death to persons or damage to property arising from the
contractors• and/or subcontractors• actions or inactions. All contractors and
subcontractors shall abide by and follow the provisions of this Basement.
ll. It shall be the sole responsibility of the Grantee to obtain all necessary and
applicable local, state and federal approvals and permits for the purposes set
forth herein. The Grantee shall comply with all reasonable rules, regulations
and policies authoritatively pronulgated pertaining to the use of the Easement
lands, including, but not limited to, local, state and federal flood plain
regulations. Noncompliance by the Grantee with any such permit, rule, regulation
or policy -y be grounds for the Granter to i-«liately teniinate th.i.s Easement.
14. The Grantee understands and agrees that the Granter makes no representations
concerning ownership of nor -rrants title to any of the property underlying the
Easement . To the extent that this grant of Eaa~t -y encroach on lands not
owned or controlled by the Granter, the Grant .. assumes all responsibility for
any such encroachment.
15 . A copy of the ordinance duly adopted by the City Council of the Grantee,
authorizing the Mayor to execute this Easement and to comply with the conditions
set forth herein, is attached hereto as Exhibit D and incorporated herein.
16. The Grantee shall be responsible for recording this Agre-nt with the Clerk and
Recorder•• Office of Arapahoe County, Colorado and shall provide a conformed copy
of the recorded agreement to the Granter.
17. All of the provisions of this Easement shall be binding upon all the parties
hereto and their successors, assigns, agents and contractors .
18. The signatories to this Easement aver that, to their knowledge, no State employee
has any personal or beneficial interest whatsoever in the property described
herein.
19 . This Easement shall not be deemed valid unless and until approved by the
officials and officers of the State of Colorado as required by Section 24-82-202,
C.R .S . (1995 Supp .) and by the Controller of the State of Colorado, or such
assistants as they may designate.
IN WITNESS WHEREOF, the parties hereto have executed this instrument on the date
first above written .
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GRANTBB:
City of Bag14N00d
By =tiioiiia.,...,..~a,...,,B'""w:na=-, ""'Ma=-yo---r _____ _
STATE OF COLOUDO ••• COIJMTY OP DEIIIVD
• •
GRAN'l'Oll:
STATB OP COLORADO
Roy Jloaar, Governor
,.
By Po_r_tlii,....--=Bxe=---cu--,-t ... Ive--=o""l ... rec---.,.t-o-r----
DU.asrnaT OP RA'l'UIIAL USOURCJl:S
Colorado Water Coaaervatioa Board
Daria• C. Lile, P. B. , Director
A'l'TBST:
Loucrishia A. Ellis, City Clerk
The foregoin!J inllt~t waa aclmowledged before -thia __ day of
1997, by Dariu C. Lile, .. Director of the Colorado Water Conaervation =aoa--rd-.-, -on-... be-llha ... --rlf of the State of Colorado. Witneaa 11Y band and official aeal.
My coaaiHion expire•
Notary Public
STATB OF COLOIIADO ••• cotDITY OF
The foregoin!J inllt~t ... ac:lmawledged before -thia day of
,---...-....... -...... ..,. 1997, by 'l'baaaa aurna, .. Mayor of the City of Bnglewood.--.itne•• my
hand and official ••al.
My coa111iaaion expire•---------
APPROVBD:
STATS OF COLORADO
Gale A. Norton, Attorney General
By _____________ _
APPROVED :
Diviaion of Purchaaing
By o""i""r_e_c_c_o_r _________ _
Rotary Public
APPIIIOVm):
~t of Penoanel
State auilding• Progr-
By •1xe-cu--,t'"'lr-ve-""b""l_re_c-t"'"o_r _______ _
APPIIOVm>:
Diviaioa of AcCOUDta and Control
Clifford Ball, State Controller
By _______________ _
Pag9 5 of 5
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LEGAL DESCRIPTION
A PARCEL OF LAND LOCATED IN THE NORTHWEST ONE-QUARTER OF THE
SOUTHWEST ONE-QUARTER OF SECTION 4, TOWNSHIP 5 scxmt, RANGE 68
WEST OF TIIE SIXTH PRINCIPAL MERIDIAN, COUNTY OF ARAPAHOE, STATE
OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE sour!IIIEST CORNER OF SAID NORTHWEST ONE-QUARTER
OF THE SOUTHWEST ONE-QUARTER; THENCE ALONG THB IIBST LINE OF SAID
NORTHWEST ONE-QUARTER OF fflE SOUTHWEST ONE-QUARTER NORTH
oo•03'27" EAST 599 .56 FEBT TO THE TRUE POINT OF BEGINNING;
nlENCE CONTINUING ALONG SAID WBST LINE NORffl 00°03' 27" BAST 30 .11
FEET: fflENCE SOITl'II 114 °56' 44 • BAST 386 . 56 FBBT; 'nlENCB SOUTH
00°25'34" EAST 464 .69 FEBT; fflBNCE scxmt 22°04'26" IIBST 50.91
FEET; fflENCE SOUTH 00°25°34" EAST ll .17 FBBT TO A POINT ON THE
SOUTHERLY BOUNDARY OF A PARCEL OF LAND DESCRIBED IN BOOIC 3816,
PAGE 299, SAID POINT ALSO LYING ON THE NORTIIERLY RIGHT-OF-WAY
LINE OF WEST OXFORD AVENUE; THENCE WESTERLY ALONG SAID LINE SOU'nl
89°58'56" WEST 30 .00 FEET: fflENCE DEPARTING SAID LINE NOR'nl
00°25'34" WEST 39 .61 FBBT; 'nlBNCB NORffl 22°04'26" BAST 50 .91
FEET: fflENCE NORTH 00•25•34• WEST 431 .47 FEBT; nlBNCB NORffl
84°56'44" WEST 356 .67 FEET TO THE TRUE POINT OF BEGINNING,
CONTAINING 0.625 ACRES, MORE OR LESS.
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LBGAL DESCRIPTION
A PARCEL OF LAND LOCATED IN THE NORTHWEST ONE-QUARTBR OP 111E
SOUTHWEST ONE -QUARTER OF SECTION 4, TOWNSHIP 5 sotml, IUINGE 68
WEST OF TIIE SIXTH PRINCIPAL MERIDIAN, COUNTY OP ARAPAHOE, STATE
OP COLORADO BEING MORE PARTICULARLY DESCRIBED AS POLLOIIS:
C!»91BNCING AT THE SOU'MIWEST CORNER OF SAID NORTHWBST ONB -QUARTER
OF THE SOIJTIINEST ONE -QUARTER; TIIENCE ALONG TIIE WEST LINE OP SAID
NOR11111EST ONE-QUARTER OF TIIE SOUTHWEST ONE-QUARTER NORTH
00°03°27° EAST 599.56 FBET TO TIIE TRUE POINT OP BBOINNING;
THENCE CONTINUING ALONG SAID WEST LINE NORTH 00°03'27° BAST 30 .11
PEET; THENCE SOUTH 14°56'44" BAST 386 .56 FEET; THBIICB SOUTH
00°25'34" EAST 464 .69 FBBT; THENCE SOl11'II 22°04'26" WIIST 50.91
PEET; 111ENCE SOUTII 00°25 '34" BAST Jl .87 PEET TO A POINT ON THB
SOUTIIERLY BOUNDARY OF A PARCEL OF LAND DESCRIBED IN IIOOtt 3816,
PAGE 299 , SAlD POINT ALSO LYING ON THE NOR111ERLY Rl<JIIT-OF -WAY
LINE OF WEST OXFORD IIVENUE; TIIBNCE WESTERLY ALONG SAID LIii& sount
19°58 '56 ° WEST 30 .00 FEET ; TIIENCE DEPARTING SAID LINE~
00°25'34" WEST 39 .61 FEET; 111BNCE NORTII 22°04'26° BAST 50 .91
FEET; THENCE NORTII 00°25'34" WEST 431.47 FEET; ntENCB ~
14°56' 44 • WEST 356 . 67 F'BET TO 111B TRUE POINT OF 8BOIIINING ,
CONTAINlNG 0 .625 ACRES, MORE OR LESS .
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LIIGAL DESCRIPTION
A PARCEL OF LAND LOCATED IN 1111! NORnnlEST ONE-QUARTER OP 1118
80lffllllEST ONE-QUARTER OP SECTIOII 4 , TOIINSHIP 5 SOUTH, RAIIGB 61
WBST OF 111B SIXTH PRINCIPAL MERIDIAN, COUNTY OP ARAPAIIOI!, STATE
OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
~DICING AT THE SOUTHWEST CORJIER OP SAID NORTHWEST ONE-QUARTER
OP 1118 SOUTIIWBST ONE -QUARTER; 111BNCB ALONG 1118 WEST LINE OP SAID
NOR111WEST ONE -QUARTER OF THE SOUTHWEST ONE-QUARTER NOR111
00°03 '27" EAST 629 .67 FEET TO 111E TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID WEST LINE NORTH 00•03•:z7• EAST 45 .17
l'Ur ; THENCE SOUTH 84"56'44" EAST 406 .26 FEET; THENCE SOUTH
00•25•34• EAST 511.96 PEET; 'l'1IBNCE SOUTH 22"04':Z6" WEST 50.91
PBBT; THENCE 80UTH 00•25•34• EAST 30 .05 PEET TO A POINT ON 1118
SOUTHERLY BOUNDARY OF A PARCEL OP LAND DESCRIBED IN BOOK 3816,
PAGB 299 , SAID POINT ALSO LYING ON THE NORTHERLY RIGHT-OP-WAY
LINE OF WEST OXFORD AVENUE ; 111ENCE WESTERLY ALONG SAID LINE SOUTH
19°58'56" WEST 20 .00 FEET; THENCE DEPARTING SAID LINE NORTH
00°25'34" WEST 33 .87 FEET ; 111BNCB NORTH 22"04'26" BAST 50 .91
PBBT; '111ENCE NORTH 00•25•34• WEST 464 .69 FBBT; THBNCB NORTH
14°56 '44" WEST 316 .56 PEET TO THE TRUE POINT OF BBGINNING,
CONTAINING 0 .672 ACRES, MORE OR LESS .
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POINT Of COMMENCEMENT
SW COR NW 1/4 SEC 9
T5S, RUW, 6th PM
THIS EXIIIIH DOES NOT RCPRCS[Hf A lilONUMCNfEO SUAIICY .
II IS IHl(NOCO ONLY 10 DD'ICT TH[ O(TACHCO OESCIFIION .
ROCKY MOUNTAIN CONSULTANTS, INC .
SCAI.£: 1· • 200'
NW 1/4 SEC 9
-------,
-A\ICNUC \ _s, .. ,_ \
1K 1425
PG ~1
W. UNION AVE.
Sl€£T 2 Of l
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EXHIBIT ',1"
S 89"58'56" E ~
W. OXFORD AVE . JO.io· "'
~I Oh ~HJ.I
P,; .!.SI ; ~
b I .. ..;
SCALE: 1• • 200'
~
It
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z SE 1/4 SEC 5
"'
SW 1/4 SEC 4
NW COR NW 1/4 SEC 9
T5S, R68W, 11th PM
l•777.118'.'
i
/
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ii:. 20' ,., JO'
I ·• _, ·~
f.
:, :~·
t,.34·55·11·~' R•l275.112' /
/ I (v~·55·,.,.
/ R•ll05.112 / I / ,.,,..,..
/ NW 1/4 SEC 9
NE 1/4 SEC 8
l HIS D19811 DO(S NOi ll[Pfl(S[NJ A MONIJMCNl'tO SUAV(y,
11 IS IIJCNOCD ONLY 10 ll£PIC1 I HC OClACH(O D£SCRFJl0N.
ROCKY MOUNTAIN CONSULTANTS, INC .
------------------·--... --
$H[[T ., ~.,
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LIIIOAL DESCRIPTION
A TIIIRTY (JOI FOOT IIIOE PARCEL OF LAND LOCATED IN TIii NW 1/4 OF SIICTION 9,
NI 1/4 OF SECTION 8, AND TIii SW 1/4 OF BBCTlON 4, TOMNSHIP S BOUTII, RANGE
61 NBST OF TIIB SIXTII PRINCIPAL NBRIDIAN, COUNTY OF ARAPIUIOII, STATS OF
COLORADO BEING MORE PARTICULARLY DBSCRIBBD AS FOLLOWS:
COMIIDICING AT TIIB SOUT11WEST CORIIIIR OP SAID NII 1/4 OP BIICTIOII 9; TIUIIICII
NORTII 14°05' 54° BAST 620 . 29 FBBT TO A POINT ON TIii! IIBSTBRLY BOUNDARY OF A
PARCEL OF LAND DESCRIBED IN IIODIC 1425, PAOB 591, IUIOIIII AB TIIB UNIOII AVBNUB
PUMP STATION, BAIO POINT BBING TIIB TRUE POINT OF BBOINNING1
TIIENCI! ALONG A LINE FIFTY (501 FEET WESTERLY OF AND PARALLEL WITII TIii
BAIITIRLY BOUNDARY OF A PARCEL OF LANO DBSCRIBBD IN A CORRBCTIOII DBBD
RECORDED IN BOOIC 4104, PIIGB 216, TIIB FOLLOWING SIX (6) COIIRSBS:
1 . J J J . 04 FEET ALONG TIIB ARC OP A CURVE TO TIii! LBn HAVING A CIIIITRAL
ANGLB OF 24°51'27° AHO A RADIUS OF 766 .62 P'BIIT (TIIB CHORD OF •ICH
BEARS NORTII 51°52' oo• WEST ))0. 41 Fl!ETI TO A POIIIT OF TAIIGDIT;
2. TIIBNCB NORTII 64°11'41° 1111ST 121.20 FBBT TO A POIIIT OF CllaVATIJII&;
l. TIIENCB 911 . 22 FBET ALOIIO TIIB ARC OF A CURVE TO ms RIGHT HAVING A
CENTRAL I\NGLB OF 101°50' 44° AHU A RADIUS OF 506 . 62 FBBT (TIii! CIIOIID OF
•ICH BEARS NORTII 12°21'21° WEST 797 .60 FBETI TO A POIIIT OP,._-,
4 . TIIBNCB NORTII 19°12 '01° BAST 542 . 14 FEET TO A POINT OF CURVATURE;
S . TIIIINCB 777 . 68 Fl!ICT ALONO TIii! ARC OF A CURVE TO TIIB L&n HAVING A
CENTRAL MIGLB OF 14•55•11• ANO A RADIUS OF 1275.'2 FBBT (ms CIIOIU> OF
WIIICII BBARS NORTII 22°01'05° BAST 765 . 70 FEETI TO A POIIIT OF TAIIOIIIIT;
6 . TIIIINCB NORTII 04°40' 26° BAST 1141 . 60 FEET TO A POINT ON TIIB sotrruBRLY
RIOIIT-OF-WAY LIIIE OF WEST OXFORD AVENUE;
THENCE ALOtlG Bl\10 RIGIIT-OF-MAY LIMB IIOU111 9,-59' 56° BAST 10 .10 FBBT; fflENCI!
ALONG A LINE TWENTY (201 FBBT WIITSRLY OF AND PARALLIIL WITII TIIB BABTSRLY
BOUNDARY OF SAID PARCEL DESCRIBED IN 800lt 4104, PMJB 216, ms l'OLLOWING SIX
(6 I COURSES :
1. SOUTH 04°40'26° WEST 1146 .04 FEET TO A POINT OP CURVATURE;
2 . TIIIINCB 795 . 94 FEET ALONG THE MC OF A CUltVB TO ms RlOIIT HAVING A
CENTRAL I\NGLB OF 14°55'11" ANO A IIIADIUB OP 1105 .'2 FBBT (TIIB CIIORD OF
WHICH BIARS 90UTII 22°01'01° WSBT 711 .67 P'BIITI TO A POINT OF TAIIGBNT;
J. TIIENCB sount 39•12•01• 1111ST 542 .14 FUT TO A POIIIT OP CUIIVATURB,
4. TIIENCB 161. 15 FBET ALOIIO 1118 MC or A CUltVB TO TIIB L8PT HAVING A
Cl!NTRAL ANGLB OF 101•50•44• AND A RADIUS or 476.U FBBT (fflB CIIIORD or
WIIICII BIARS SOUT11 12°21'21° BAST 750 .17 FBETI TO A POIIIT OP TAIIODIT;
5 . Tlll!NCI! SOUT11 '4°11'41" BAST 121.20 FEST TO A POIIIT or cuavaTUa&,
6 . THENCE 104 . 12 FBET ALOIIO TIIB ARC OF A CUltVI TO TIii RlOIIT HAYIIKI A
CENTRAL ANGLE OF 21°52'25° AND A RADIUS OP 7H .n FEIT (TIii CIIORD OP
WIIICII BIIIRS IIOU111 51°22'll" IA8T 302 .21 FBBTI 1
Tlll!NCI! ALONG TIii! NESTER LY IIOUNDNIY OF SAID PARCEL RIICOaDSD IN 800lt 1425,
PIIGE 591, SOUT11 04°50' 56° BAST 50. 92 FBBT TO TIIB TRUI POINT OF IIIIIJI-ING,
CONTAINING 120,116 SQUARE FIST (OR 2 .751 ACRISI, NORK OR LIBS.
IIARINGS ARB BASED ON TIIB IIE8T LINE OF TIii! NII 1/4 OP 8BCTIOII t -ING
NORTH 00•09•49• KAST .
c1nor---=-•1TC:a ,.. __
INC UH .Nl .-
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R•4711.62' \ .....
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NE 1/4 SEC 8
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/ EXHIBIT "f(
""-1
! ~
~
SCM.E: 1· -200'
NW 1/4 SEC 9
POINT Of' COIA«Na:MENT
SW COIi NW 1/4 SEC 9
T5S, RllaW. lllh PM W. UNION A VE.
THIS [Xt•n 00[5 NOr IIO'll['S(NI A YONUU[NfD) $UIN[Y.
If IS INT[NO(D ONLY 10 D[PICr Ill[ D[IM:ll[O D[SCM>TION
ROCKY MOUNTAIN CONSULTANTS. INC .
••cm,,., .....
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EXHIBIT A
s 891111'58" E
W. OXFORD A VE. 20.or ~
SCAll: I" • 200·
SE 1/4 SEC 5
••: 4 IO~
,,., '.:.}fi
SW 1/4 SEC 4
NW COR NW 1/4 SEC 9
T5S. R611W. 6th PM
6-34 '55 ' 1 t/
R•1J05.92/'
L•795.114'
I
/
/~ 20'
,,:
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~~ v,
. 6-.)4·55' IT"
,_..-R•ll25.t2'
l•808.IO' /
NE 1/4 SEC 8
NW 1/4 SEC 9
IIIIS 0091 DOCS NOT R(PACSCNT A U01«JMCN10> SUIWCY
IT IS INllNDCO OILY TO DCPICT THC OCTIICHCD DCSCM'110N.
ROCKY MOUNTAIN CONSULTANTS, INC .
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LIIOAL DUCRIPTION
A TWSNTY (20) FOOT IIIDB PARCEL OF LIIHD LOCAT20 IN TIIB NW 1/4 OF SBCTION 9,
NB 1/4 OF SBCTION 8, l\llD n111 811 1/4 OF SIICTION 4, ~HIP 5 SOUTH, RANGB
61 IIBST OF nlB SIXTH PRINCIPAL NIIRIDIAH, COUNTY OP ARAPAIIOII, STATS OF
COLORADO BIIING -· PARTICULAII.LY DUCRIBBD AS FOLLOIIS:
CONNIINCING AT nlK SOUTl*KBT CORNER OF SAID .. 1/4 OF 111:CTIOII t1 THENCE
~ 31"19'17° BA8T 660.67 FEET TO A POINT ON nlK IIIISTDLY BOUNDARY OF A
PARCEL OF LAND DESCRIBED IN BOOlt 1425, PAGE 591, ~ AS THE UNION AVIIIIUK
PUNP STATION, SAID POllff BKIIIIIJ TU& TRUii POINT OF B8Gl-llll01
THKNCK ALONG A LlNB TIIKNTY (20) FEET IIUTIIRLY OF AIID PAJlAI.LEL 111TH nm
KASTKRLY BOUNDARY OF A PARCEL OF LAND DESCRIBED IN A CORRECTION DKBD
RKCORDBD IN BOOlt 4104, PAGE 236, nlB FOLLOWING SIX (&) COURSES :
1 . 304 .12 FEET Al..oNG n1a: ARC OF A CURVE TO nm LEFT HAVING A CIINTRAL
ANGLE OF 21°52'25° AND A RADIUS OF 796.62 FIIIIT ITHE 010RD OF lllllCH
BIAll8 ~I 53°22°30° 1111ST 302.21 FUT) TO A POINT OF TAIIGmrr;
2. THENCE -TH 64°18'4]0 1111ST 321.20 FEET TO A POINT OP CURVATURE;
J. n.-:a: HJ. 15 FEET ALONG n1a: ARC OP A CURVE TO TU RlCIIIT HAVING A
CDITRAL ANGLE OF 103•50•44• AHO A RADIUS or 47'.62 FIIIIT ITU OIORD OF
IIIIICH IIIIARB -nl 12•23•21• 1118T 750.37 FEST) TO A POINT OF TAIIIJDIT;
4. TIIDICII ~I 3'0 32°01° BA8T 542 .34 FEET TO A l'OINT or CURVA'nJRK;
5 . TllKNCK 795 . t4 FKKT ALONG nlK ARC OF A CURVII TO TU LIFT HAVlaJ A
CDITRAL AIIGLII OF 34°55°11° NII> A RADIUS OF 1J05.t2 FIIIIT l'na OIORD OF
IIIIICH BKARS -,,i1 22°01' OJ• KAST 713. 67 FIIIITl TO A POINT OF TAIIODIT 1
6 . TIIDICII ~ 04°40' 26° BAST 1146 . 04 FIIIIT TO A POINT OIi THE IIOUnlKRLY
RlCIIIT-OF-IIAY LUI£ OF 1111ST OXFORD AVDKJII;
'111-=s ALONG SAID RIGIIT-OF-IIAY LINK 80lffll lt0 51'56° DST 20 .07 nKT TO THE
~ CORNER OF SAID PARCEL DIISCRlBKD IN IIOOlt 4104, ·-23'1 TllDICII
ALONG THE KASTIIRLY BOtN>ARY OF SAID PARCEL DIUIClllBKD IN BOOlt 4104, PAGE
236, THE FOLLOIIING SU (6) COURSU :
1 . 80UT11 04°40'26° 1111ST 1147 .67 nKT TO A POINT OF CURVATURB;
2 . nlKNCK IOI. 10 FEET ALOtlG nlK ARC OF A CURVII TO Tl1S RIIIIIT HAVING A
CIINTRAL ANGLE OF J4 °55' 11 • AND A RADIUS OF 1325. t2 FIIIIT (THI OIORD OF
11111101 BIARS sotml 22•01•01• 111ST 795.65 P'IIKTl TO A POINT OF i'ANOINT;
J. nllNCK SOUTH 3,-32•01• 111ST 542 .34 FIIIIT TO A POINT OP CURVA'nlRI;
4 . n1-=i1 127. 59 FIIIIT ALONG n11 ARC OF A CURVI TO nll LIFT HAVIIIIIJ A
CDITRAL AIIOLI OP 103°50'44" Am A RADIUS or 456 .u FIST ITIII OIIORD OP
IIIIICH BIAR8 SOU'111 12•23•21• KAST 711.88 P'IIKTl TO A POINT OP TANOIIIT;
5 . TIIDICII SOU'111 64°11'41" KAST 321 .20 nKT TO A POINT or CURVA'nlRI;
6 . TIIDICII 216 . 2t FUT AloOIIO nll ARC OF A CURVI TO TU UOIIT RAVIIIO A
CIINTRAL ANGLE OF 20°05'12" NII> A RADIUS or 116 .62 FIIIIT ITU C110RD OF
181101 BIAllS SOU'111 54°1''07° KAST 294.IJ FSITl 1
TIIKNCII ALONG THE IIDTKRLY BOUNDARY OF SAID PARCSJ. IISCORDa) IN B001t 1425,
PAO£ 5tl, SOUTII oc•so•s,· KAST 32 .14 nKT TO THI TIIUI: POINT OP Bml-lNG,
CONTAINING 7t,0'5 SQUARI FUT (OR 1 .115 ACIUUII, _. oa ~.
BIARlNGS ARI BASID ON TIii 11118T LINI OF TIii 1111 1/4 OF 111:CTlm t -IIQ
IIOlt'l1I oo•ot•tt• DST .
CITTCW-C --···---INC IJft.Nl .-
11/1/N -91k
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£.""-H,S IT f3
SPECIAL PEBMIT FOB WATER TAPS
The City al Enclewood, Colorado ("City") benby annta to Soatb Suburban Park ad
RecreatiaD Diatrid ("South Suburban") a Spec:ial Permit for the follcnring three (3), two
inch (2") water taps:
L 2'02 Weat Unian Avmue -Account No. CMCM.202,t020
2. 2250 Weat ODlld Avmue -Account No. 0Wl7022506
3. 2301 Weat ODlld Avmue -Account No . 0Wl7023010.
Subject to the fiilJawilll canditiam:
1. 'n-taps are for the aole parpNe alirriptmc a.. planted by the 10,000 Trees
Project.
2. 'l1leae are ~ tapa and will be subject to ltandard commercial
payment and maintenance policiel of the City.
3. The City will open the tapa at the Mlinninl al the powmc-and cl-the
taps at the end al the --upon the wrii:tm requeat by South Suburban 11111-a
clifl'ermt procedure ill qreed llpllll by bodl putiea in writmc.
4. Tbil Special P.mit ill coaditiaaed llpllll die P"Dtinc of a pipeline -t rr-die "State al Colando fir the 11N ad IIIDlfit al the Colorado w.-
Couenatiml Boud" to the City. Tbil mt lball be located ..... the Soatb
Platt.e Rift!' within Colondo Water ec....aaao Boud Property &-
&pllr'Cllimately the City alEapewood Golf C--bridp -6 to Wat Uaiaa
Aftllue. Tbil Special Pwmit lball t.-miDaa upon the apiratioa al that
-t or any meaaiaa thereof.
CITY OF ENGLEWOOD
SOUTH SUBUBBA.N
PAJlX AND RECREATION DISTRICT ,C r (i i ·
By· \.)'"'-"-< A./ t;;;;;J
DaYid A. Larma, Euc:utift .
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• CERTIFICATE OF INSURANCE ,, ,~
C. m o
?O 301 m1~,
COMPANIES AFFORDING COVERAGE
~ANY A Dndervriters at Lloyc'; of ~on~c:
Ir.It-"'.'~=-:----------------, ~ANY •
~rido !nter9ove:ueatill 1--------------------------
iisk Shmnq Agency (C!RSAI ~ANY C
95U So ~tb C~er~y Street. IIOO
De~m . ~o 80222 ~ANY D
TEL : m11 m-sm m : 1111 1 7~i-mo
cm OP !JCIJMOOD ="' •
G!l 2101 01/01 /1997
GBl21 C! 01/11 /1997
'>.
• OESC~n~~~~~I~
l, :~!~t~:. :J Hm1e~t at Ouon Ave Plll!I itH1on aort~ of ;o lf co use
,r:1ge :; ol d Beu Cmk ?hat beg1mn9 Apr ;! 19'7.
,!lCl :J:l i . dllU!t'l :
,:~!: ,, ~O~o.A!)I)
~ ~A:-;:;: ~~,s,,m:01 30m
•
01 /01/1913
011D111m
ICOILY -s
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COLORADO
INTERGOVERNME~iAL
RISK SHARING AGENCY
PROPERTY/CASUALTY
DESCRIPTION OF COVERAGE
• to $1SOK per person/$600K per occurrence for liability claims subject
to Governmental Immunity Act; $1.5M claim/occurrence other
automobile claims; S5M claim/occurrence other liability claims. All
coverages subject to aggregate and other limits.
DODOO
SCHEDULE OF EXCESS LIABll.ITY CARRIERS
1997
$1,500,000:
LLOYD'S OF LONDON/NORTHFIELD INSURANCE COMPANY
POLICY Nm-IBER GB12101
$3,500,000 EXCESS OF $1,000,000
NOR18FIELD
POLICY Nm-IBER AE100031
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Date
April 7, 1997
INITIATED BY
Utilities Department
• •
COUNCIL COMMUNICATION
~ Agenda Item Subject
10 a vi Southgate Supplement #130
STAFF SOURCE
Stewart H. Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None.
RECOMMENDED ACTION
The Water and Sewer Board, at their March 11, 1997 meeting, recommended Council
approval of a Bill for an Ordinance approving Southgate Supplement #130.
BACKGROUND, ANALYSIS, AND AL TERNATNES IDENTIFIED
A request was made by the Southgate Sanitation Distrid representing the owner/developer for
inclusion into the Southgate Sanitation District Supplement #130 is for an area approximately
3.081 aaes. The zoning per Arapahoe County is R 2.5 (PUO). Residential zoning is the
intended use of the property which will allow a maximum of 2 residences per 2.5 aaes. The
owner is H.G. and Eleanor L. Isbill.
The legal is attached as Exhibit A. The property is located near Belleview between Steele
and Holly, next to the Highline Canal.
FINANCIAL IMPACT
None .
UST OF ATTACHMENTS
Bill for Ordinance
Southgate Sanitation Distrid Supplement #130.
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ORDINANCE NO. _
SERIES OF 1997
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BY AUTHORITY
AIIILLPOll
CXJIJIICII. IIIIL MO . ff
INTRODUCED BY COUNCIL -------
AN ORDINANCE APPBOVDfG 80PPUDIBNT MO. lJO TO TBB SOUTIIOATB
SANITATION DISTRICT CONNECTOR'S AGREEMENT WITH THE CITY OF
ENGLEWOOD, COLORADO FOR THE INCLUSION OF LAND WITHIN THE
DISTRICT BOUNDARIES.
WHEREAS, Soutbpt.e Sanitation District recommends the inclusion of
apprmimat.ely 3.081 acres int.o the District; and
WHEREAS, uid incluaian ia located near Belleview between St.eele and Holly,
nut t.o the lficbline Canal and the r.ooing ofthia property ia currently R 2 .5 (PUD);
and
WHEREAS, the residential r.ooing ia the intended uae of the property which will
allow a mmmum of 2 residences per 2 .5 acrea; and
WHEREAS, said annexation of this additional parcel of land will not increue the
tap allocation t.o the Southgate Sanitation Diatrict; and
WHEREAS, the Englewood Water and Sewer Board recommended approval of
Supplement No. 130 to the Southgate Sanitation District at the Mardi 11, 1997 meeting;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY.
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Sec;tiqp 1. The A,rNment between the City al En,lewood and Soutbpte Sanitation
District entitled "Supplement No. 130 to Coonectar'a ~i-. wbicb inclwlea
approzimately 3.081 aa.. located at approsimately Belleriew ~ &..le and
Holly, nut to the Hip1ine Canal into the Soutbpte Sanitation Diatrict ia hereby
approved. A copy of said Aer-ent ia attached hereto aa "kbibit A· and
incorporated herein by reference.
Sec;tiqp 2. The Mayor and City Clerk are hereby authariwl to aip and au.t,
respectively, the said Agreement for and on behalf of the City Council and the City of
Englewood, Colorado.
Introduced, read in full, and paued on tint reedinc on the 7th day of April, 1997.
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Publiabed u a Bill for an Ordinance OD the 10th day of April, 1997.
Thomas J . Burm, Mayor
ATTEST:
Loucriahia A. Ellia, City Clerk
I, Laucriabia A. Ellia, City Clerk of the City of Enpewood. Colorado, hereby certify
that tbe above and foregoing ia a true copy of a Bill for an Orduwlce, introduced,
read iD full, and puaed OD fint readiDf OD tbe 7th day of April, 1997 .
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8UPPLBN11NT IIO. I 30 TO COIIIIIICTOR'8 AGRBm&lllft'
THIii AGRBBNIIIIT, aade and entered into by end bet-en
the CITY or IIIIOLIIIIOOO, acting by and through its duly authorized
Mayor and City Clerk, hereinafter called the "City," and
BOUTRG•T• ... IT.TIOII D111T1l1CT, Arapahoe and Douglas Counties,
Colorado, hereinafter called the "District,"
WITIIU8IITIII
WRUBU, on the 20th day of June, 1961, the City and
the District entered Into an Agree-nt In which the City agreed
to treat sewage oriqln11tl11g fros the Ulst,·ict•s sanitary sever
ayst•• vithln the area aerved by the Dlatrict, which l\gree-nt
vaa -•t recently reneved by Connector•a l\gree-nt dated Nove-r
16, 1988; and
.. BRIIA8, said Connector'• Agreeaent provides that the
dlatrict aay not enlarge ita aervice area without the written
conaent of the City;
-, TIIBRBl'OIIB, in conalderation of the autual
covenants and undertaking• herein aet forth, the parties agree aa
follows:
1. The City hereby consent• to th• inclusion of
certain adrlltlonal area located Jn Arapahoe County, Colorado,
owned hy II. c. JshilJ find •:teanor Isbill, 11nct aore fully
desc ribed on fil!ltH!J.!;_ I\ nllnc hed he1·eto and Inc orporated herein by
releronce, into Soulh•Jnto ~a11i t 11tion Ill.strict. 1·1te City agrees
tl,at· s•1id ;uhli L iouo1I a,·cn •av be served vit.11 u,c sever facilities
n t lht! Ui n t.r i c t, "'"' llrnl U,e Cily will l1 ·e11l: the sevaqe
cJi:,c harqed into the c ily's lrunk line (roa sold additional area,
a I I In accordance v II h the Connector• a l\gree-nt dated Noveaber
tr., 19118 . llcc onllnqly, t:xhihlt II referred to In P11r11gra(111 1 of
t he Connector'• llgrec,11e11t di,ted Hoveabar 16, 19811, is hereby
amended to Include suc h 11do.litlo1111l area.
2 . Each and every other provision of the aaid
Connector'• llgreeaont dated Novellber 16, 1988, ahall r-ln
unc hftnged .
IN WI-.. •aor, the partie• have ••t their hand•
and ••ala lhla day of , 1997.
IITTll".5T:
CITY CLBRI
( S P: 11 L )
( S I! II I , )
t 'Al.\tl _____ ,
c1n or -L8900D
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EXHIBIT A
(SANI'rATION DISTRICT)
PART jF TRACTS 212, 213 AND THE N~RiH ONE-H,LF OF 221
OF SOUTII DE .. VER GAR.DENS S tTUATED [N THE NOR rHEAST ONE-
QUARTER OF SECTION 13, TOWNSHIP 5 SOUTH, RANGE &8 WEST
OF T11E 6TH P.M., CITY OF GREENWOOD VILLAGE,· COUNTY OF
AP.Allt.'tOE, SiATE OF COLORADO, 110RE PARTICULARLY DESCRIBED
AS FOt..LilW~: !'
r
!EG INN fNG AT THE SOUTHEAST •:ORNE?. OF SA ID TRACT 213;
iHENCc HORTH 9"!"17'56" WEST ALONG THE SOUT': LINE OF
$Afr TRACT 213 A DISTANCE OF 330.00 FE:i TC THE NORTHEA~T
CCRNE~ OF TRACT 221: THENCE SOUTH 0°43' OQ" WEST ALONG Tl-IE
EAST Ll~E OF SA,D TA.ACT 221 A DISTANCE OF 3zq.36 FEET TO
i-.i: ,Ol•THEA5T CORNER OF THE NORTH ONE-HALF OF SAID TRACT
;.~;.. ii,1:NC: NORTH 8'>0 31.,'l,7" WEST ALONG THE SOUTH LINE l)F
T~~ NQ~TH ONE-HALF OF SAID TRACT 22l. A DISTANCE OF 85.l,~
~:c, TO iHE EASTERLY R[GHT OF •AY LrNE OF THE HIGHLINE
,:: .t.NAl.: Ti-lF.N::'.E ALONG THE RIGHT OF WAY LINE OF THE HIGIILlllE
,:!.~,.!_ THE FOLLOWING FIVE COURSES:
NC;TH 37~l,1'00" WEST 20~.08 FEET TO A POINT OF
CU?.'!~: THPICE ALONG A CUR\E TO THE RIGHT HAVING
A RADIUS OF 200.0l, FEET, A CE,.TRAL AHGLE
0
0F
:;.4;.•1;,•00" AHD AN ARC LE'1GTH OF 50T.70 FEET TO
A POiNT OF TA~GE~T: THEHCE SOUTH 75°59'00" EAST
!.LOt~G SAID TANGENT 1n .• 3Q FEE':' TO A POINT OF
CURVE: THENCE ALONG, CURVE TO THE RIGHT HAVING
A RA~!US 691.78 FEET, A CtNTRAL ANGLE OF ••05·~0"
AND AM A~C: LENGTH OF l,OCJ.67 FEET TO A POINT OF
iANGi;~:': 1'"1EN(E . SOL•TH 66°54'00" EAST ALONG SAID
t,~G~NT ~6~.65 FEET TO A POINT ON TH~ EAST LiHE
~F ~AID T~ACT ~1J.
'TWENC& SOUTII 0°5-.'04'· WE~T lLCt:r, SAia> EAST LINE 46.27
fi?o:! TO TIii: POINT OF IECilNNJNG, CONTAtNING 3.08]. ACRES
1'41)~ ~ r,A. LE~$.
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SMITATIOII DIS'l'tlIC!' ma.tJSIClaS
Olz'rent gzaund uae: SLDgle family naidaace
.P:opoNd ground uae: Single fuily reaidaDc:e
b:i.ftJ.ng aaa:iag: ll2 • !I
Prapoaed aaaing: IIO dlaDp
Acnag9: 3.091 ac:na
arani:y ..... r: res
eurr.nt owaan: a.a. I•bill aad Eleanor L. Iabill
llwlber of UDiu: NaxilllWII of 2 for 2. 5 ac:rea
Map: SN attad:led
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COUNCL COMMUNICATION
Date Agel1da 111111 Subject
April 7, 1997 10 a v11 L.JE Administration Farm Vehicle
INITIATED BY STAFF SOURCE
LJE WWTP Supervisory Commitllle Stewart H. Fonda, Utilities Direc:lor
COUNCI. GOAL AND PREVIOUS COUNCI. ACTION
Council approval al purchaN al a 4-wheel drive vehicle in the 1997 budget.
RECOINENDED ACTION
The action recan1,•lded is ID approve, br fflllllDII. pun:itw ol a~ drM _..In .. amount ol 125.000
inc:ludlng aplanl. •
BACKGROUND, ANALYIIII, AND ALTEIINATIVES l>l!Nim
1n 19911, .. CitiN a1 LJalacln and E11111•ood puraa.1 • e.ooo.,.. am in E.-m CGCndo 1ar aps..; • , a1
Bioealidl. AccNa to .. fam .... br dirt road and ..... ~ ol ........ and ~ llnain. Plant
and City llaff raullnely viii•• •-.111111 mait. • 1111peclian, and NI -.ir,g. Thir ...,..._, drive
V9t1icle wil er111b1a plrnt rlaff to ralrly parfarm duliaa during al ...._ and lr:d Clllldlllal•. 1118 we11ica wi1 a1ea
be UNcl to -. virlln lar am • 1a1n. n.. .. no 4-whNI drive p 1111 igrr vatliclea avalrllle...,, ..
depar1nwll
The purchare al this vehicle is budgad for 1997. 1118 coat al this apendilur9 wil be rtwad 50/50 by .. Cities
of Englewood and l.ittlaan.
LmT OF ATTACHll!NTS
1 . Capital Oullay r9qUNt
2 . Specitlc:allal. Sheat.
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OPERATING CAPITAL OUTLAY REQUEST
l Department or .Fund : LIE VINVTP 11-08 ! Division: Administration 11-08-44111 l
Description of equipment or object expenditure:
(Must be more than SIGG and .... than $1,000)
Utility vehicle
Explanation of necc:esity or benefits of this expenditure:
Field service to newly purchased lJE WNTP farmland.
Total costs of placing
eauiornent in full
Estimated Costs Unit Cost Total Cost
Purchase Price 25,000 25,000
Installation
Total 25,000
Less Trade-In
Total Net Cost 25,000
Annual Q_,_.:,.,y Cost 0
Total First Year Cost
Is this expenditure neceswy beca• d incrl II Id perlOI•...,
No
Recommendation for equipment dilpaced:
N/S
Approximate dale of purchase:
1/97
List and describe similar equipment in depar1mMt:
Ford Explorer Van
Purchasing Agent's Convnents :
• City Manager's Review: AppnMd: __ Not App,OVN:_
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FICIII:
,_.. 111111ata: _____ _
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Year :
Make:
Model:
Style:
lffect1•• Date:
1997
Ford Utility Vellicl ..
Explorer
U34 4dr 112• W XL 411D
10/03/96
Price i.e,,.1 Code 710
•••••••••••••••••••••••••••• STAIIDAIID
<<< MECBAJIICAL >>>
0 -
4.0L (245) !FI V6 9D1Jine
Rood ua1at 9u cyliadera / ' ' /'. 1 5-.,,...S -...1 traaaai-iOIL w/00 r Q:# e -·
Trana fer ca-w/akid plate rt' • J:
•eontro1-trac• ,-w11.ee1 cSri•• ayat• ..t=:::iaE=;;;'24'":8'-5S
3. 55 rear ule ratio • F f
72 aap-hr (650 cca) -intanaace fr-battery w/b&ttery
95 aap alternator
Super mMJine cooliDCJ
2260t capacity front/26504t capacity rear apri111119
28001 cap&eity front aale/32001 capacity rear asle
Sbort fl long ara front euapenaion
HD qu abock abaorbere
Front/rear atabili .. r bar•
P225/7081S8L All-laaaan ... 98V tires
UDderbodT aoantad full-•i•• apare tire
7.0 5-bale full-face at .. l wbeel•
Pwr rack• pinioo atearin9
Pwr 4-wbeel 4iac bruee w/4-llbeel aDti-lock ayata
21. o pl loo f\ael tank
< « DTDioa »>
aript front ballper v/rab etrip
llriCJbt rear trailer tow bullpar v/ruJJ atrip (350M capacity)
Body-color door baadl•
Black-oat a-pillar
Bri9bt CJrille v/painted inaart
Aero baadlaape
Ri9b IIOUDted rur amp lipt
Tri-color tA111...,a
Dual a&il-muntad am111al airron
Solar tinted viadahield/aide wladav 91 ...
Interaittent vipere
One-piece top-binved lift9ate w/flip-apaa rear villdOW
<<< I1ITIRIOII >>>
ICllitted YiDyl front tNcket wt.a V/bC Sr•t•
Matcbinq aplit-foldiDCJ rear ... t •~••fold flat• 1 .. tv.re
Color-key9d full-leDl)tll carpet
Color-key'ed plutic ac::uff plat .. oa ell daara • lif~te
Black et .. rinq wheel rour-CJ&UIJ• iutruaent cluater-lnc: ..miJIII lipta, trip odaaet.ar, tacbOaater
Nanual air coaditiGDiD9
SiD9le-llaF ~
Inaide bood rel ....
llluaiMtad •try
WOQl)LA)II) 11/21/96
Copyri9ht 1916-96 Chraae Data Cort10ratiC111.
I
t ; . •· •• .. •r 19'6
All rlpU ~. .... 1
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warning chimes-inc: headlights-on, key-in-1CJDit1on ra aeat belt
Beater/defroeter •/flov-thrOWJh air ventilation
Side window d .. iatere, inatruaent panel air reQiaters
Large be~el electronic AM/FM etereo radio w/di9ital clock/4 epeakare
(2 door, Z quarter tria pan•l) ·
Color-keyed full-vidth pAd iaatruaent panel v/color-~•79d., cluster applique
12-volt pwr point
Glove bo& w/color-kayed letcb
Ash tray
Black cigarette lighter
MADual day/night rear,riew airror
Color-keyed A/B-pillar interior aoldinve
Color-keyed cowl sida/re&r quarter panel/liftgate interior aald1114J9
Color-keyad pl .. tic full door tria .,....1. w/arar••t
color-keyed molded cloth baadliaar
Dual color-keyed cloth •Uora (RB visor ainor)
Three grab handle•
(2) color-keyed coat boots
Front dome/aap light• w/dual door/liftqate courtaay awi~
Daae/cargo area light
4 1~ floor tie-down haoka
<<< EPA FUEL ECONOMY RATlJIGS >>>
City 16/bwy 20 (4.0L envine/5-~ aanual trans)
City 14/bwy 19 (4.0L engine/5-apead auto trans)
City 15/hwy 19 (4.0L SOHC engina/5-apeed auto ·trana)
< < < SAFETY FEATt.'RES > > >
Driver ra front puaupr air bega (SIii)
Pwr 4-Wbeel disc brakes w/4-wll .. l mti-lock eyataa
Front outboard lap/adjuetable-baipt aboular Mfety belta
child safety rear door locks i
Front/rear ou~rd head restraints
Side door tuard be-
Croaa-vehicle beall
Dual note born
•••••••••••••••••••••••••••••• FIC'TOllY OPTIONS ********t* .. ******************
OPTlOlf
CODES DESCRIPTION
U34
428
99E
HD
XD4
940A
T7R
A_
4dr 112• W9 XL 4WD
HIGH ALTITUDE EMISSIONS
4.0L (245) SOHC EPI V6 'IIIGUIE (IISQ: 44D Auta
Trana)
5-SPUD AUTON&TlC TUll9NISS10II V/00-inc:
brake/shift interlock
3.73 LIMITED SLIP AXLS-inc:trailer towing pluJ
(trailer wirinc, harneaa, 11D flaeber)
XL PRl:FEJUIEI) IQUIPIIDl'T PKG-inc: bue Yahicle
only
P22S/70Rl5SL ALL-s&aaalf ... 11111 Tl ... (STD)
IOllTTED VINYL 8UCXE'l'S (STD)
SOLID PAINT (STD)
WOODLANJ> 11/21/96
I
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23405.00
0.00
425.00
106!5.00
310.00
0.00 o.oo o.oo o.oo
llcW ... r 1996
Copyright 1986-96 Cbroae Data Corporation . All ri9bta reaened. Pap 2
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.l!>.$ LICBIIH PLATE 8IIACUT *lleq. venerated 1D
•tatu iaau1D9 2 li~ plataa• o.oo 903 PWR EQUIJlllllff GIIDUP-iDc: elect llirrora, pwr
Windolla/door locu, laip aer1-door uia
pmwla, •an.-Toueb ~· f•hn oa dri,,.r
aide, acc...azy delay, t11U •test unloclli119
si,ataa w/locll/aalocll battoa 1D carvo u ..
(JtEQ: 17C bar 111per, 5211 Speed COntrol) 1020.00 17C RIAR WIIIIJOII 1fA811111/lllftllaftDIT VIPD/
DDR0StD-1Dc: ...-.... iu,,. frmt wipers
w/aiat (ltlQ: 5211 Speed CODtrol) •req 1D.., York atat .. 280.00 .. 52N SPUD CDITIIDL/TILT STmim 1aSSL (ltlQ: 17C Rear Wiper) 385.00 84A 111T DIVOICS n.aT OPTIC. o.oo IIPD Police Mr.ice~ 380.00 Deatinatioa Cbaqe 525.00
Total
27'95.00
IIOODLAIID 11/21/tl .... ••r 1996
Conri•bt ltH-H Oar-. Data Col'Vofttioa. All r~ r rwd. .... J
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°* April7, 1997
INITIATED BY
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COUNCIL COMMUNICATION
Agenda Item
10 a viii
STAFF SOURCE
Subject
Resolution to Negotiate and Award
Contract for 1997 Micro-surfacing
Depar1ment of Public Works Charles Esterly, Director of Public Works
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Resolution No. 44, Series of 1996, Resolution No. 35, Series of 1995, Resolution No . 40, Series of 1994,
Resolution No . 39, Series of 1993, Resolution No. 52, Series of 1992, and Resolution No. 38, Series of 1991,
approving negotiating contracts and awarding negotiated contracts for the 1996, 1995, 1994, 1993, 1992, and
1991 Micro-surfacing Programs respectively .
RECOMMENDED ACTION
We are seeking Council approval of a Resolution allowing a negotiated contract with Bituminous Asphalt Sealing
Specialists, Inc ., a.k .a., BASS, Inc., in an amount not to exceed $380,000 for our 1997 Micro-surfacing Program .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Micro-surfacing is a cost effective maintenance allemative that provides rut filling, leveling of existing pavements,
a surface seal and a new wearing surface . The finished product is jet black, aesthetically pleasing, and exhibits
more traction than the original asphaltic concrele (improved safety).
Slaff introduced "Englewood" micro-surfacing in 1991 . Our oti;ective was to develop a maintenance alternative to
addrNs the maintenance needs of roadways subjected to excesli¥e tratllc volumes !'NUiiing in pavement rutting
and lanes requiring leveling treatments along with new wearing COUl'NS and surface ...... BASS has
Mliilfado, ily participated in a partnership arrangement with the City for the last ten y ... to construc:t our sluny
and micro-surfacing programs , having now placed a IDlal of 1,750,000 aquare yards of our design products
(approximately 703 blocks. or 88 miles of roadway).
Micro-surfacing requires highly specialized construction equipment. Based on our last six years of expei i1111C11, we
know that the use of continuous micro-surfacing equipment produces a superior product when compared to that
applied with truck-mounted type machines . Continuous equipment provides consistency of application and
minimizes seama by reducing equipment stops and starts. Truck-mounllld equipment was used in the
construction of our earlier sluny products . Continuous micro-surfacing equipment can apply standard sluny
products while standard sluny machines are not capable of applying micro-surfacing . The number of continuous
micro-surfacing machines continues to grow throughout the country; BASS owns and oper-.s two of these
machines . BASS has successfully constructed micro-surfacing on Mlected arterials, c:olledDrs, industrial and
local MfVice stnlels in our 1991 , 1992 , 1993 , 1994, 1995 , and 1996 micro-surfacing programs .
Staff continues to monitor sluny seal and micro-surfacing activities in the metro 1111111 . The workmanship of BASS ,
Inc ., particularly with micro-surfacing , appears to remain superior . Much inconsistency exists in the mix designs
used by olhers in the metro area , although many jurisdiclions .. again requiring the gray grw,ile aggregae that
we have specified since 1987 . Many other user agencies continue to modify their specltlcations, suggesting that
they are not completely satisfied with earlier products. We have obMrved areas of localized failure in micro-
surfacing products placed by others during 1992 and 1993, indicating only marginally utisfllctory results .
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It appears that many other cities continue to settle for standard sluny products instead of micro-surfacing . This
can be partially atbibuted to local contractors recommending and selecting lower priced , lesser quality
components under competitive bid conditions . Also , sluny products tend to be more user-friendly during
construction than micro-surfacing . It should be noted that micro-surfacing has construction advantages over
slurries in that micro can be used for rut filling and leveling in addition to providing the surface seal and new
wearing surface that is obtained with standard sluny applications .
Throughout our ten year experience with ·Englewood" sluny , micro-surfacing, and BASS, Inc., citizen response
aintinues to only question our not including more streets in our annual micro-surfacing programs .
Expel ience with applying our product is crucial to a successful project We continue to monitor and evaluate sluny
and micro-surfacing contradDrs in the Denver area , and we may choose to recomme11d others for future years
work, depending upon their performance on Olher projects . However, our local c:hoic:es remain ex1r9mely limited
at this time .
Vance Bros ., Inc. of Kansas , had established a Denver office, and in 1993, construc:llld a Littleton micro-surfacing
demoniltlatioi'I project, with marginal rNUlts. Vance Bros . had some less than satisfied sluny customers in 1994,
and their key Colorado coordinator left their employ in ear1y 1995 . Vance Bros. closed their Denver office in late
1995 .
lntllrmountain Resurfacing, Inc . (IMR) remains in the sluny marut, and rumor has it that they are attempting to
enter the micro-surfacing market with continuous type equipment. Englewood had a c:ontrac:t dispute with this
company in 1988-1987 . Using older truck-mounted equipment, their micro-surfacing expeiienc:e with the Colorado
Department of Transportation (COOT) on Belleview Avenue was less than satisfac:to,y . In an earlier COOT micro-
surfacing project on 1-25, in Pueblo , IMR sublet product application llo another contrac:IDr, with very discouraging
results . While we will continue to monitor the ac:livities of this company, we have not been impressed with their
performance to date, and are c:onc:emed that they .,. no longer members of the lntllmational Sluny Surfacing
Association (ISSA), the organization that has established aH current industry ltandards.
Quality Resurfacing Company of Commerce City is the newest sluny contrac:tor in our area . This company was
established in 1994 , and the principals appear to have many years expeiilMic:e in the general paving industry. This
company uses late model truck-mounted type equipment and appears to have succ:eafufty tackled 181191'111
standard sluny projects during the 1994, 1995, and 1998 ~-They do not have continuous micro-surfac:in
equipment or expet ience placing our temperamental Englewood mic:ro-4urfac:i produc:l W. wil also monillor the
performance of this company and may , depending on the quality of ths work on olher pro;ec:ls , wilt1 to consider
them for future wort< in Englewood .
We prefer to use the only COlrtradOr that has demor.atnlliid suc:ceaful appicllliDns utilizing the producls and mix
designs that we have developed , and that achieve our desinld !WIiis. We .. utisfled wilt'I product performaic:e
to date and are particularly pleased with performance on our local service atreels . The contrac.1DI, BASS, Inc., is
available to ac:c:omplish our 1997 project in late May or early June this year .
Our 1997 Micro-surfacing Program will ta,get local service and collec:Ulr atreels . W. continue to specify micro-
surfacing over standard sluny because of its flexibility of use . Sluny seal is a single thic:kneu application product.
Micro-surfacing has the capability of being applied in whatever thickness nec:euary to address our maintenance
requ irements . Micro-surfacing is used for rut filling and leveling as well as for overall roadway sealing . In early
years . c:hemic:al makeup caused a 17 second break time with our micro-surface spec:itlc:ation . Moditlc:ation in
product chemistry in 1993. 1994, 1995 and 1996 increased break time to about 40 seconds. This greatly
improved tt1e workability of the mix while maintain ing our ability to open streets to through traffic: in 20 to 30
minutes . if requ ired .
Our design continues to specify the quality custom crushed , gray granite aggregata supplied by Aaphalt Paving
Company , Golden , Colorado . We will continue ID use the improved ERGON emulsion , as de>.eloped for our 1993,
1994 . 1995 . and 1998 programs . However, our specified ERGON emulsions .. no longer ITW'lufac:tlnd in the
Denver area . In 1997 , • in 1995 and 1998 . emulsions must be transpor18d from Wllco, Texas .
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FINANCIAL IIFACT
We expect that bids for standard slurry in the metro area, using local c:ontrac.un and lower quality components
lhan our specillcallons (approximately 5 hour traffic limes), should range from S0.70 ID S0.95 per square yard in
1997. Quick Nt. polymer-modified slurries with charadelistic:s similar ID our apec:ific:ationa (2 ID 3 hour traffic:
times) wil likely bid at $1 .25 ID $1 .35 per square yard . The City of GrNley appears IO be the only Front Range
City apec:ifying produc:ta similar ID ours . Their 1996 bid price was S 1.23 per square yard. A competitive bid for a
rnic:n:Hurfac:i demol1S118li0n project in 1993, in the City of litllelon, was in the $1 .85 per aquae yard range .
Llllllllon may again try a mic:ro-surfac:i demol 1S11 atio,, project in 1997. With our apec:itled quality emulsion,
aggragale, and applicalioo equipment, our comperable cownige c:ost in 1993, 1994, 1995, and 1996 averaged
s1..21per....,.pn1.
Pnlllninary conversationa with BASS suggest a willingness ID llltum ID Englewood in 1997 and c:onatruc:t mic:ro-
aurfac:ing at a unit price c:omparable ID last year's c:ontrac:t ($161 .18 per ton)', even though iic:re 1111 in the price
of aggregae and emulsion could run 4% to 5% over 1996. The 1N1 c:ontrac:t was for $280,000 (approximalllly
160,000 square yards or 60 blocks -$1.71 per 9C1ua19 yard -and included heavy applic:allon rallt on South
Broadway). Funding for 1N2 was Hmit8d to $260,000 for mic:ro-aurfac:ing (approxirnalllly 185,000 square yards or
70 blocks -$1.41 per equare yard). In 1113, we c:onstruc:l9d approximalllly 201,000 square yards (78 blocks) at
a c:ost of $305,000 -$1.12 per 8CIU819 yard. In 1993, rut lllling, surface leveling and slightly illCI nud appllc:ation
ratas generated a higher per square yard construction cost than our 1992 experience. Our 1114 experlenc:e was
again in the $1.10 per....,. yard range, based upon 207,000 square yards of product and a c:ontrac:t price of
$315,000. In 1111 and 1•. with major inc:r9ases in costs of materials and an approximately 20% increase in
9'lplic:ation ,... to do heavy rut lllling and leveling, we placed 209,000 squant yards of micro-surfacing at a 1Dlal
c:ost of $339,000 -$1.12 per...,. yard -and 223,000 square yards at a 1Dlal c:ost of $358,000 -$1.11 per
..._.. yard -reapec:tively . This cost remains in the magnitude of 40% of the c:ost of asphllltic: concrete overlay
while SIii allowing us ID c:omic:t many of the irregularities within a atruc:tunllly sound roadway surface . Increases
incurred in 1997 mic:ro-surfac:i c:onstruc:tion and material costs would allo be reflec:ted in c:onstruc:tion costs for
asphaltic: c:onc:re18 overlays in 1997.
For the 1997 program, we recommend c:ontrac:ting with BASS. Inc:. for approximaaly 235,000 square yards of
mic:nHutfac:ing at a unit price comparable to that negotialld in 1996, rNulllng in a contract of approximllllely
$380,000. $645,000 is available in the Road and Bridge PIF account for 1997. The balance of funding in the 1997
Road and Bridge PIF ac:c:ount will be utilized for aapt18llic: ~ ~ by Eliglawaod forces. and auoc ia9d
fflllinlenanc:e program adl,Mtiatlalic,,'l , lllating, program atudiN and iiapec:tio11. Addllonaly, in 1997, Engln•iig
will c:ontinue cnc:uaiona with BASS, Cobillc:o , and Kach u.riall lO ewiluaa the• 1lapment of new aluny and
mic:ro-aurfac:i product designs, inc:luding utilizing some local aaptlal praduc:ts. This lllbt is ID provide ·
Englewood with quality' cost efflldMI slurry and mic:ro-eutfac:i praduc:ts for fulure years' programs .
UST OF ATTACHIENTS
For your information , the attached lists streets proposed for inc:luaion in our 1997 overlay and mia'o-suffac:in
programs . They are intended to be representative of the proposed programa and ... of c:ourN, IUbjec:t to your
review and comment. Since 1987, we have addressed the maintllnanc:e needs of some 88 miles of our
approximately 120 mile roadway system. The 1997 program will add about another 12 miles to that IDlal .
Consequently, many deserving maintenance candidates exist within our street ayatem. A progrnaive slurry
aeallmic:ro-aurfac:ing program would address all of the ltrNla with the ayatem over • NV9r'I y..-period,
suggesting that the annual budget for this ac:tivity remains at approximat8ly 60% of Ideal funding levels .
' Due to the varyin1 applicalion rares ofmicro-surfacin1, with ever cbaa&in& roadway conditions, mic:ro-surfacin& ii
contracted by unit wei&l,t applied (tons).
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Street Division
1997 MICRO-SURFACING
PROGRAM
AVENUEISTREET NO. OF BLOCKS FROII TO
Bates I.SO Downing Emenon
Chenango 2.00 Huron Lipan
Cornell 2.50 Bannock Galapago
Comell 4.50 Emenon Broadway
Dartmouth 2.00 Downing Clarbon
Eastman 4.00 Broadway Huron
Guard 1.00 Corona Emcnon ..
Hampden 2.00 Clarkson Lopn
Jeft'ason 2.50 Cherokee Hmon
Lehigh I.SO Delaware Oalapaao
Mansfield 2.00 Clarkson Lopn
Oxford 5.00 Lopn Fox
Princeton 5.00 Lopn Huron
Quincy 2.00 Lopn Broadway
Quincy 3.50 Cbaobe Jaon
Quincy 1.00 Lipan Navajo
Stanford 0.50 Pennsylvania Pearl
Stanford 0.50 Lincoln Shaman
Union I.SO Lopn Lincoln
Delaware 3.00 Lehigh Oxford
Delaware 2.00 Yale a.es
Elati 1.00 Princefon Quincy
Elati 4.00 Oxford ICmyon
Elati 2.00 a.es Da1molllb
Elati 3.00 Floyd ~
Fox 2.00 Jeffaw Lcbip
Galapago 1.00 Da1molllb ComeU
Huron 0 .75 Princeton Cul~
HmonCourt 0.50 Oxford Cul4Mae
Jason 2.00 Inca ICmyon
Jason 2.00 OxfoN Quincy
Lafayette 2.00 Floyd Da1molllb
Lincoln 1.00 Oxford PriDceloa
Lipan 1.00 Stanford Tufts
Lopn 9.00 Hwy. 215 Stanford
Lopn 1.00 Hwy . 215 ~ • Sherman 1.00 Oxford Princeton
Sherman 1.00 Hwnpclcn Ginni
Tejon 11.00 EYIDI Danmoutb
TotalBINIII 9'.75
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Streets Division
1117 IIICR0-8URFACING
PROGRAM
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Addlllonal candidate ltrNla far lnclulian l&Jbject 1D avllillble funding.
AYENUEll'IREET NO. OF BLOCKS FROII TO
Dm1moudl 5.00 Lopn Fox
Floyd 2.00 B!Olldway LopD
Jeffenon 1.00 Logan -Kenyon 2.00 Lopn Broadway
Pimlico 2.00 Federal lrviDa
Radcliff 1.00 Federal City Limits
Stanford 2.00 Federal lrviDa
Stanford Dr. 1.00 Federal Stanford
Tufts 2.00 Federal hvin&
Delaware 1.00 Hwy.285 Ithaca
Lincoln 3.00 Hwy.285 Mamficld
WubiJl&ton 1.00 Mansfield Naaaa
Wubinaton l.SO Grand Belleview
T .... Bleca U.51
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Street Division
1997 STREET OVERLAY
PROGRAM
AVENUEISTREET NO. OF BLOCKS FROII TO
Amherst o.so Delaware Elati
Amherst 1.00 Downing Ogden
Bates 2.00 Broadway Delaware
Bates Parkway 1.00 Downing Ogden
Dartmouth 1.00 Lafayette Downing
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Floyd 4.00 Broadway Elati
Girard 2.00 Clarbon Lopn
Ithaca o.so Huron Inca
Jefferson l.00 Broadway Bannock
Jefferson o.so Jason Inca
Kenyon 3.SO Elati Wmdamcrc
Oxford 2.00 Clarkson Logan
Oxford l.SO Jason Windcnncrc
Princeton Pl. l.00 Lipan Jason
Quincy 2.00 Clarkson Lopn
Tufts 4.00 Clarkson Broadway
Union 0.50 Lincoln Broadway
Yale l.SO Delawlrc Broadway
Acoma 2.00 Oxford Quincy
Downing 3.00 Ambcnt Dartmouth
Fox 2.00 Hwy .285 Jetfenon
Grant 1.00 Jefferson Kenyon
Huron 3.00 Hwy.285 Kenyon
Inca l.00 Lehigh Mansfield
Inca l.00 Jeffcnon Ithaca
Jason 4.00 Oxford Kenyon
Lafayette l.00 Floyd Girard
University l.50 Dartmouth Floyd
Total Blocks 49.00 ., • •
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1tBIOLtn'ION NO._
SERIES OF 1997
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A IIBSOLtn'ION AWARDING A NBGOTIATED CONTBACT FOR BNGLBWOOD'S
1997 MICROSURFACING PROGRAM INSTEAD OF THE COMPETITIVE BID PROCESS
UNDER SECTION 116 (bl OF THE HOME RULE CHARTER AND SECTION 4-1-3 OF
THE ENGLEWOOD MUNICIPAL CODE 1985.
WHEREAS, the City of Englewood is responsible for maintenance of approximately 120
milea of public roadways in the City; and
WHEREAS, the Department of Public Works and Engineering and Street Maintenance
Divisiona have developed a system-wide maintenance program in which they have found
Microaurfacing to be a viable and economic preventive maintenance alternative; and
WHEREAS, previous conatruction experience and expanded product knowledge has
caused the staff of the Department of Public Works to believe that local contractors do not
poaaeaa the specific product knowledge or conatruction expertise or construction equipment
to conatruct Microaurfacing acceptable to City standards; and
WHEREAS, the staff' of the Public Works Department has evaluated the quality of
Microsurfacing utilizing a specific local aggregate and a quick-set ERGON emulsion for
the past 10 years; and
WHEREAS, Bituminous Asphalt Sealing Specialiata, Inc. (BASS) of North Little Rock,
Arkanaaa, bu laboratory-teated and field-tA!llted this product, and City staff' has evaluated
the abilitiea of this company in placing Microeurfacing, and has cliacuased their work
quality and product quality with other governmental apnciea which have had years of
experience with this company; and
WHEREAS, BASS, Inc . bu now placed a total of 1,750,000 square yards (approximately
88 miles of roadway) in the City of En,lewood over a period of 10 years; and
WHEREAS, Section 116 (bl oCthe Eqlewood Home Rule Cb.art.er and Section 4-1-3-1,
Englewood Municipal Code 1985, allow contncta for public worb or improvements to be
negotiated, provided that CIOlltncta for wbic:h no competitive bida have been requested have
been approved by reaolution which abaU cleclare the .__ for uception to the competitive
bidding requirement;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO , THAT:
$ec;tigp 1. Tbe Department of Public Works is hereby authorized to negotiate a contract
for Englewood's 1997 Microaurfac:ing Procram in an amount not to exceed $380,000 in lieu
of the competitive bid proc:eu u allowed by Section 116 (b) of the Englewood Home Rule
Charter and Section 4-1-3-1, Englewood Municipal Code 1985.
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Se,;tiqp 2. The Department of Public Worb ia hereby authorized t.o ent.er int.o a contract
for the Eqlewoocl'• 1997 Mic:roaurfacillg ProcruD punwmt t.o their inveatiptiam of local
agrepte, quick-eet emulaioo produced by the EBGON Refinery in Waco, Tuu and
constructioo of tbe product oo Englewood atreela by Bituminoua Aapbalt Sealing
Spec:ialiatll, Inc., of North Little Rock, Arbnau.
ADOPl'ED AND APPROVED thia 7th day of April, 1997.
Tbamu J. Burm, MaJ'CII'
ATTEST:
Loucriahia A. Ellis, City Clerk
I, Loucriahia A. Ellis, City Clerk for tbe City of EDp,wood. Colorado, benby certify the
above ia a true copy of Reaolutioo No.__, Series of 1997.
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CITY OF ENGLE1f00D
PROPOSED 1997 JIICROSURFAC/NC
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CITY OF ENGLEWOOD
ADDITIONAL CANDIDATE STREETS
(snlrr "' ~,Al~ lfflDl,C)
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CITY OF ENGLE1fOOD
PROPOSED 1997 OVERLAY
~ ..... -... ~..a+~M+lloMI~ .............. _~ ---........ 9.5~~~--~,l,M-~__JL...,.I--
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CITY OF ENGLEWOOD
OVERLAY & MICROSURFAC/NG
COMPOSITE
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COUNCIL COlalUNICAllON
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April 7 , 1997
INITIATED BY
Dapa,1ment of Public Works
COUNCL GOAL AND PREVIOUI COUNCIL AC110N
Council apprOll9d OnSinance No . 81, Series d 1998, app,op,illli,g funds from the Con•vation Trust Fund for
Sinclair Pool Raurfac:klg.
RECOS IDB> ACTION
Staff i9COIM•ldl Councl award, .. -.••• *3,_...lll .. affllllllltfl131,MO.OO ID Alpine Pool ..a P11111rtar .. -..a11w _.ala.......,-...,._ rwlNed the qualllcaliol• and ...,_ice dthe 1ow
bidder, Alpine Pool and Plallw, Ind blld no ...... ID object ID awarding them this cannct.
Sinclair Pool wao ortglnally conatruclld In 1•. The dlligr'l III d....,. on Cll*9aor poall In Coklrlldo ii 5-7
yeas. Repl11l1ri,g w complelld In 1174, 1IIO, 1•. and 1182. Cits mn,r ,.._.1n 1w cannct Include tiler..-and replec1m1ut, illitallltian d anchors, replacll1•1t d old caulk. grinding rough edgll, and pelnling .
FINANCIAL .. ACT
Two bidl..,. r..-tor 11111 prajld • dllllllld In the IIIIIC:hld Bid Plapoaal Tlbullllan. The Et..-.
E--. tor 1w prqact ii $34,000. Adlql-bldl ........ ..., .. apprCMd budglt.
1.18T Of ATTACI Pl!'NTI
Bid Prapoul Tabulallon
Conlract Form
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SINCLAIR POOL RESURFACING 1997
Bidder' ..., Hokier" llaeBld -....
EnglneWs Estimalll $34,000.00
ALPINE POOL ANO PLASTER $33,840.00
POOL SHARK. INC . $54,939.00
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LOIN BIDDER: ALPINE POOL AND PLASTER
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COUNCIL COMMUNICATION
Dase : Agenda Item :
April 7 , 1997 10 a X
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Initialed By:
COUNCU. GOAL AND PllEVIOIJS COUNCU. ACffON
No pnMCJUI CIIIIIIICil 11:doa ....
IIECOMMDDED ACffON ~:;;";+:-:=.::.::7:C' .. ~~-==.:r=:e:.:-.::.
Layne-Wellllnl Compuy, in die 1-..t alS42.l14.00.
aACKGROUND, ANALYSIS AND AL'l'EllNA11VES IDENTD'IED
Upgrading alfiuat nine pump llllioa, Ill varillllc hqmlcy driw, w daae iD cOl!jlte •ioa wilb die
COlllbUCtioa al die par l IDlf came. TIIC 11e:1t niDe pmap .._ 11M 21 ,-. al opendaa mva 11111 ii
iD urweat need al ID apsrade Ill -pnipel' opendall ad dcieecy iD iniplias die lle:k aiae.
FINANCIAL IMPACT
Roqi.-11r bids -111:nt 1111 roar 'YCllllon. wilb 1.a bid pnipma11 resanec1. ~ 11111111 wae
bud,esed for in die 1997 Golf Coune Mai,..mic:e BudFt-
LIST Of ATTACBENTS
Bid Pn,pcml T•!llbODI
Bidl'nlplml
Roql.-ftlr Bid
Manoi
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CITY OF ENGLEWOOD BID PROPOSAL TABULATION
BID ITEMS(S) -VARIABLE FREQUENCY DRIVE PUMP STATION
Bid Opening Date: FEBRUARY 14,1997, 11:00a.m.
No. 1J1aaer PUMP PARTS SHOP
STATION MANUAL MANUAL
1 Quadna Pump Sy1tem1
(303) 430-0521
9146 Marshall Place NOBID
Wntmln1ter, Co. 80030
2 Wat.rtronlca
(800) 358-8888 NOBID
P.O. Box530
Hartland, WI 53029
3 Arapahoe Pumping Sy1tem1
(303) 71U344 $48,349.00 N/C NIC
P.O. Box 3412
Lltlleton, Co. 80111
4 Layne-Wntern Company
(303) 711-1211 $41,314.00 $500.00 $500.00
1301 E. lllff Ave.
Denver, Co 80231
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BID EXCEPTIONS
NOBID
NOBID
$48,349.00 SEE EXCEPTIONS ON ATTACHED
$42,384.00
VARIABLE .FREQ.DRIVE .PUMP.TAB
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ODIKANCB NO . _
SERIES OF 1997
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BY AUTHORITY
00 US ILB I lfO. u
INTRODUCED BY coUNdL
MEMBER VORMITl'AG
AN 08DINANCB llBGAJIDING C..70 Nd,BilnAN IN'l'SllCBANGB
AUTHORIZING NEW DEEDS FOR TIUS PRo.JECI' WHICH REFLECI' THE
FINAL DESIGN CHANGES.
WHEREAS, the Engl-ood City Council authorized int.erguvemmental
agreements between the State of Colorado Department of TnmportatiOD, Doqlaa
County, Denver Wat.er Department and Higblanda Ranch Metropolitan Diatrieta,
Dr. Ohlson which pertained to the C-470 lnt.en:banae with the puaqe of Ordinance
No. 30, Series of 1996; and
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WHEREAS, the Englewood City Council authori&ed the em:bange of property to
Highlanda Ranch Metropolitan Diatrid No. 3 , which pertained to Dr. Ohlson and the
C-470 Interchange with the puaqe of Ordinance No. 6, Series of 1997; and
WHEREAS, the High Line Canal ia not being re-aligned, instead a culvert ill
being installed at the canal's current location; and
WHEREAS, the bike path will croae underneath Hishland1 Ranch Boulevard
immediately north of the canal rather than at the intenec:tion of County Line Road;
and
WHEREAS, becaue such c:banpa required revisions to various lepl clelcriptiona
the attached new deed reflect such "'9iaioal;
NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCll. OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOU.OWS :
Sgt:igp 1. Tbe Grant ofEa-i -Project Nwaber : CC 4701-076 Parcel Number
PE-211, for -from Enpwaod to Oblam, attacbed bereto u Eshibit A. ia hm'llby
accepted and approved by the Enpwood City Council.
Sed;jgp 2. Tbe Warranty Deed fna Enpewood to Doqlu County for Project
Number: CC 4701-076 Parcel Numben 2D, 2K 6 2L, attacbed bento u Eshibit B, ia
hereby accepted and approved by the Enpewood City Council.
Sed;jgp 3 . The Warranty Deed fna Enpewood to Hiplanda Ruch Netropolitan
Diatrid No . 1 for Project Number. CC 4701-076 Parcel Namban 211, 216 2.J, attacbed
hereto u Emibit C, ia hereby accepted and apprond by the Enpewood City Council.
Sgtiqp •· tnnefr: g( lulnsmd Deed• en4 lnrmmse . Tba tnm11r of
Eqlewood l>Nda and Ea-ta aball baoame l8ld:m at the an of amatnction
and upon the ratillcatiaa of the t:nDalar of l>Nda ud E-•• tram all partial
ucept the <>hllon EaNmmt wbicb aball ba mm f aal liaultamoaaly at a latllr elate
or upon condemnation of the property.
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Sgtigp 5. The Ma,ur ia autbariaed to uecute and tbe City Clerk to attNt and wl
tbeN docummta for an CID behalf of the City al EqlewoDei, Colorado.
Introduced, read in full, and puaed CID fint readiq CID tbe 17th day al Ilardi, 1997.
Pllbliabed u a Bill for an Ordinance CID tbe 2l>tb day alllarc:b, 1997.
Read by title and puaed on final readinc CID tbe 7th day al April, 1997.
Publiabed by title aa Ordinance No. _, Seriee al 1997, CID tbe 10th day al April,
1997.
Tbomu J . Buma, Mayor
ATTEST :
Loucriahia A. Ellis, City Clerk
I, Louc:riabia A. Ellis, City Clerk oftbe City ofEqlewood, Colorado, hereby
certify that the above and fonaoinl ia a true copy al tbe Ordinance puaed OD final
reading and publiabed by title aa Ordinance No. _, Series al 1997.
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SiJWff QP QSJMENT
PROJECT 111D1BD: CC 4701-076
PAJtCZI. 1l1DIBD PB-2M
'!'EIS GR.A..'r.' OF AN EASE:MENT ( •t!lis Grant•) is made tx.s __ day
of , 1997 by t!le CI':'Y OF ~""WOOD, COLORAI:O a l:cme r.1le
City unde= ar.d by vir:ue of t~e laws cf the State of Colorado,
(•Gra::tor•J, whose add:ess is 3400 South Elati Street, E:lglewccd,
Colorado 80110, to ROBERTS . OE!.SCN, (•Grantee•) wcose &c:c:'ess is
1754 West Count: Li~e Road , ~ghlai:ds Rane=, Colorado eo:2s.
The Par:ies covenant and ag:-ee as follows:
l. ::asemem; p .. ae;:-;v . T:e •E:asemen: Proper:y• s:a.!l mean
the real prc;er-:y located in :~e C:unty of Douglas, State of
Colorado, ~ere par:ic:-.1la=ly descri=ed on at-:ac!led E."<-~i=i: ~E-2M.
2. C;cs'ce .. Jcion . As cor.si:e=aticn of t~is Grar.:, Grantee
shall ;ay :: ~rL~tor t=e sum of Ten Dollars (SlO .OOl ar.d oc=er gocd
ar.d valua=:e consideracion pai: =Y Grar.tee, recei;c cf wcio~ is
here:y ack::cwledged by Granter.
3. G=a~; c; ;aseme~c . G:;;.;:::r here:y g:-ar.cs co Gr1.~:ee a..~
easemer.c ever, across and t;iroug= :~e Easement Pro;er~y :: ;rovide
access to t=e pro;er-:y cwned cy Grantee wr-=..c~ ~uts t=e east line
of t~e Ease~ent Property, a..~d ger.eral_y referred to as :=e Pl'.llll
Valley Su.::di,ision .
4 . .i;c;ess . Grantee s::a__ have t!:e per;etua!. r:.gnt of
i~g:-ess ar.d egress, in, to, over, t=:cuah ar.d across t=e E:asement
Proper:: :or any pU-"'";)OSe necessar-J or desiral::lle for t=e full
enj oymen: c: :=e rights g:-anted to Gr1:1tee under t!lis Gra::.:.
s. &;g;cs of GrJncor. Gran::r rese:-,res t:e full riaht to
the undis::.=-=ed ownership. use. a::d occ:-.1pancy c: t=e !aaement
Proper-::, i::scfar as said cwnersh~;:. use , and cc:-~;:a::cy is
consistent with and does net impair the rights grantee t~ Grantee
to this Gra::t. Cost of re;ai= ~d restoration of ar:.y surface
improvements shall be done at t:e cost of the Grantee.
6. G+J'"l,t;r' 1 Riah;s t; S.:, cc;ate. Granter shall have the
rig~c to relcc3te or require Gra:::ee co relocate the easement and
any improvements t!:lerecn at the e:c;:ense of Granter and t~ te~nate
the easement herein granted.
7. aJ;ar,ccn.wnc. Ir. t!:.e e•,ent t!lat Grantee shall al:iandcn
t!le rig~ts g:-an:ed to it under t~s Grant, all right, title and .
interest hereur.cier of Grantee s::all cease and ter.ni~ate, and
Granter s::a:l hold the Easement Pr:per:y, as th• same may t~en be,
free f=cm t!:.e rights of Grantee so abandoned and sha:l cwn any
improvements of Grantee so abar:.dc::ed.
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a. warranty of Title. Grazu:or warranu cc! represents that
Granter is the fee simple owner of the Easemant Proper.:y and that
Granter has full right, title and authority, and ~t this Grant is
effecci ve to grant and convey to GrantN the vi:hi:1 described
eu.-nt subject to euements and reservations of record. Grantor
fur-~: covem.nts and ag-r ... to indemnify, defend and hold Grantee
ha.."":11!.ess from and apiast any adverse claim co the title of the
E&MMac Proper:y by all and every pe:r9oa or penona lawfully
cl&!Jai:2q or to claim the wbcle or any part thereof except tboH of
re=r.i.
9 • 9j mU .. c; Ef!ac;;. Thi.• Grant shall extend to and be
bi::.c!:..:lg IIPCD t:e hein, pe:r90Dal npnsentati TeS, auccasson and
u•ii"'..e•s of the respective parties hereto. The te...-:aa, c:=veaaats,
ag:-H!Nncs and c:caditioas in this Grant shall be constr.ied u
c:cvenanu running with the land.
IN WITNESS WEER!:OF, the parties hereto bave executed t!iis
GrEt of Eaaeme::c tlle day and year first abcve vr:.t-:en.
A'!":!:S':' :
Lcucr:.shia A. Ellis,
Cie:, C!uk
ST.A'!=: OF COLORADO )
)ss.
CCCN':"! OF ARAPAHOE)
BY=---~~~-----Thoalas J. iur-.J,
Mayor
':'!us foregoi!lg i!lstr-.menc was aclc1ovledge<! bef~n • Chis _
day c! , 1997, by ~ J. Bur-..s u Mayor and
Lc\:cr:.shia A. Ellis•• City Clerk of Che City of Englewcod.
My C:mmissioa Expire•=-----------
Rotary tublic
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EASEMEXT FROM ENGLEWOOD TO ROBERTS. Olll.SON
PROJECT NO. CC 470Ul76
Febnaary 20, 1997
DESCRIPTION
An e:isemem :,.So. PE-2.'W of the Department ofTransporwion. Stare ofColor:ido, Project No. CC
4701-0 76, containing jiJ.044 square meters (0 .092 acres), more or less, being a portion of a
parce! described in Book !}j at page 4, Douglas County Records. in the southwest quarter.
S«tion 4. Township 6 South, Range 68 West of the 6'" P:-..nc:ipal Meridian. in Douglas County ,
Color:ido , said e:isement being more particularly described as follows:
BEGINNING at :i point on the e:ister!y property line af said pare:! desc:ibed in Book 133
at page ~. Douglas County Records. when the northwes;: con:.e:-Jf said S«tion 4 be:irs ~
71 °32'36" W a dismnce of 959 . i 98 mete."S (:.148 .94 fee:);
1. The:1ce ;Ii O 1 °06 "0 l " W J.long said e:isterly property line. :i dist:mce of 40 .S6 2 me:e:s ( 13.1 .06
feet );
2. Thence S 88°53'59" W, :i distance of9.l 44 metes (:0.00 fe:t);
j _ Thence S 01 °06'01" E. a distance of 40. 731 metm (lj:.63 fee:);
4. Thence ;-,i 89°43'10" E. a distance of9.1 45 metes (30.00 feet) to the TRUE POINT OF
BEGJ:11,"'NING .
The above described parce! comaim j 7j .044 square me:e:s (0.092 aces), more or less.
Basis ofBe:uings: N 89°40'08 E. aloq the aonh line oflhe soumwai quarter of said
Section~. from the west quarter comer of said S«tion 4, a 3" br:ass cap. to 1he cauer comer of
said Section 4, a lO"x i':t.3" stone .
For the purpose of :i private driveway .
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WARRANTY DEED
P'ROJECT NCMBER: CC 4701-076
PAR<:n NCMBERS 2D, 2X" 2L
-=s::s DEED, mace t.:1.::.s __ day of , l.99 7 , ::-e:·.,een t:ie
c::--: OF :::NG~EWCOD, C~LO~O a Heme Rule C.::.ty e.:c.st:i=g under and by
v:'.:-::-.ie of t:1e laws cf t.:ie Stace of Coloraco, ("Grant.or") , whose
lega_ accress is 3400 Scuc:1 E.:aci Stree:, E:iglewocc, Colorado
80110, ar.c TEE COU?r.'Y OF CCUG!.AS, ("Grancee•), ~r.ose legal address
is 301 Wi:cox Stree:, Cast.le Rock, Colcraco 80104 .
WITNESSET!!, T:iac c::e Grant.or, for and ir. c::r.s:'.derat.ion of t.he
S't:.111 of T-en and no /100 Dclla:-s, the recei~t. ar.d suf:.::.c:'.ency of wh.::.c::
is he:-eby ac.!c."lcwledged, has g:-ar..ced, ba:-=a.::.=ed, scld and conveyed,
ar.d by t.:1ese presents cces grant:, bargain, sell, c::nvey and confi=:n
U."lt.O c!!e Granc.ee, i cs suc::esscrs and ass:'.gns f:::-e•rer, all the real
prope:-':y c::ge:he:-w:'.::: i:nprovemencs, i.: ar.y, s.::. ::-.iace, lying a_-:d
being in t::e Col.!!:.cy cf Dougl as and State c: C::lc:-acc , descri~ed as
sei: =~= i~ Ex.~:.=::.~s 2~, 2X ar.d ~~.
TCGZT:!Ea, w:..=:: a __ anC s~~g-~la= t~e ~~=~Ci~ame::cs a::c
a;;u=~enar.ces t::e:-e'.l::::: !:elcn1::..::.g, o:-i::. a:::r.-,:.se a;;e=-=a.:.::.:.::.g, a..-:C.
t:~e =eve:-s=.on a::.ci :-!•r e=s:..cns, :-:!!lai:iCe:-a::C :-ema.:.nC:e:-s, . :-e::cs,
=.ssues a:id pr:::ii:s t ·-.-is,....~-ar.C:. all c:le es=a:e , =:..gr:c , t:icle,
i::~e=~s~, c l a:.m anC: Ce~ar.C t.-tl:acsce,,e!:' of t:;le Grar:.c::::-, eit~e= i:i law
O!:' e~~ic:, of , :.~ ar.C c~ t~e above ba=ga~~e~ ~=~m~ses, w~~~ ~=e
Ce=ed:.came~cs ar.C a;~u=:ena.~ces.
TO RAVE AND TO :Or..:> t.he sa:.c. prem:.ses a1::cve ::ar;a.::.ned and
descr:'.::ec., wit':i ::.::e ap;:t:.r-::e::a."l.ces , U."lt.o c.::e Gra::::ee , i cs suc::essors
a_'lc. ass:'.gns :ore•rer. .::U:d c:1e Grant.or for i::se::, i::s suc:esso:-s
and assigns , does cove::a_-:::, gra."'lc, barga.::.::. a=c as-=ee co and wich
t.::e G:-ar.::ee, i::s suc:esscrs and assigr.s, c;iac a:: t:ie time of t.:le
ensealing and delive!""/ cf t:i.ese presents, i:: is well. seize-:: of t:ie
prem.::.ses above conveyed, has geed, sure, ;:er:e:::, absolute and
indefeasi::l e est:at.e of i::i.~ericance, in law, in :ee simple, and has
geed r:'.ght., full ;:owe:-and lawful aut.horicy co s-=ant., ba:-gain, sell
and convey che same in .nar-'ler and form aforesa.::.c., ar.d t.:i.ac the same
a:-e f:-ee and c l ear :r::m a l l for:ne:-and ct.he:-s-=ancs , bargains,
sal es, l.::.ens, ca_~es , assessment.s, encuml:rances and resc:-ic::ions cf
whate•re:-k:.nd or nac:i:-e whacsoe•re:-except. as co ?arcel 2L, a Right-
Of-~ay and Easement. As-=eemenc recorded in Beck 155 , ?age 26 1 of c!!e
records of the Cl erk a::.d Recorde:-of Doug_as C::ur.cy.
The Grant.or sha l l and w:.ll WAR.UNT AND :'CRE:V'ER DEFEND t:ie
aj:ove bargained premises i n t:ie quiet. a.."l.d peacea::l e possession of
t:i.e Grancee, ics suc::essors and assigns , aga.::.:.st. a_l and eve:=-1
pe:-son or persor.s l awf-.il-Y c l aim:.ng or to cla.::.~ t:ie who l e or any
pa.re c!!erecf.
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DI WITNZSS llDJlSO!',. the Grantor ha5 caused its corporate name
to be hereunto subscribed by its Mayor, and its corporate seal to
be hereunto affixed, attested by its City Clerk, the day and year
first above written.
Loucrishia A. Ellis,
City Clerk
STATE OF COLOR.~0
COONTY OF
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ThomU J. Burrul,
Mayor
i~s~:ument was ack::cwledged bef~re me t:::is ~
1997, cy Themas J. Bur:is as '.lo!aycr a.nc
Ellis as City Cle:-k cf the City of £.:lgle•,iccd,
T!le f:iregc::.~g
day cf
Lcuc=isr.ia. A.
Colorado.
My c~mmissicn Ex;:i:-es:
Wit~ess my hand a:c of!icial seal.
[SEAL]
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PARCEL FROM CITY OF ENGLEWOOD TO DOUGLA.S COUNTY
EXHIBIT "20"
PROJECT NUMBER: CC 4701-076
PARCEL NUMBER 20
Au~st 23, 19S6
A trac: er ~ar-...a! cf iand Ne. 2!J of the Department of Transpcr:aticn, State cf Cclcrado, Prcjec: Ne.
CC 4701-'J76, c::r.taining 2.i~ square meters (25,536 square feet), mere er less, being a pcn:icn cf
a parcel desc:,i:ed in bock 133. page 4, Dcuglas County Rec:,rds. in Sec:icn 4, Township 6 Scuth,
Range ea Wes, of the Sixth Princ:pal Meridian, in Douglas Ccunty, Colcrac::, said trac: or parc&I cf
land beir:g mere ~ar:ic.ilarly desc:ibed as follows:
1 .
2.
1.
Besinning at the Canter c::JT.er cf said sec:icn 4, a 1 o· x 7" x 3· Stene;
Tnence S.O"C2'37"W . alcng the east line cf the SW 1i4 of said Sec:icn 4, a c:istanca cf 401 .486
meters ( 13 i 7.2 1 feet ); to :he SW ccmer cf ~"le NW i /4 cf the SE 1 /4 :f saic: Sec:icn 4 ;
Tner.ce N.:S"52'i2"E. alcr.g the sci.;t.'i Jir:e -:f saic: NvV 1/4 of :he S2 i/4 cf said Sec:;cn 4 . a
cis,ance cf 4.S7 meters (15.08 feet);
Tnence S . .!.i":,'25"'-N., a c:is,anca cf 6.5i i meters (2i .36 feet) to :he ·Nest !ir.e :f the SW 1/4 cf
the Si: i /4 cf said Sec:ion 4 ;
4 . Tnenca S 0•02·37·w. alcr.g said west lir:e of the SW 1/4 cf the Si: i/4 cf said Sec:icn 4. a
dis-.anca cf ,.:CO meters (4.92 feet);
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Tr.er.ca S.:S"4S'25"W., a c::istanca of 6 .iC6 meters (22.00 fHt);
Tnenca N.0"02'37"E., a dis,anca of 407.:€5 meters (1337 . 15 fee!) :c :.-:e ncrth line of the SW
1/4 cf saio Sec:icn 4;
Tnence N.8S"40'08"E. alcng said north line of the SW 1/4 of said Sec:icn 4, a distanca of 6 .706
meters (22.00 feet) to the FOINT OF BEGiNNING.
Tne ai:cve cesc:ii:ec Parcel c=ntains 0.274 hecares.'2.744 s<suare me!trs (0.678 ac::-es/29 .536
SGL;are fee!), more or less.
8ASiS OF 2E.'1.RING . Gric: beannQs were c:etermined by glol:al pcs;ticning system me!tloc:s .
Bearings are referenced to the line between point 1001 and point 1S2 Tne line between the two
nts ' s.a-, ·, s·-,c_·w. • •••••• mcnume. cears : ~ • •.... v,. o F;.. .. .. ~ .... ~ .. ·
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PARCEL FROM err( OF ENGLEWOOD TO DOUGLAS COUNTY
EXHIBIT .. PARCEL 21<"
PROJECT NUIIBER: CC 4701~76
PARCEL NUMBER 2K
February 17, 1997
Parcel 2K of the Department of Transportation, State of Colorado , Project No . CC 4701-076,
c::ntaining 12.421 square meters (133,698 square feet). more or less. being a portion of a parcel
described in Book 133 . Page 4 . Douglas County Records. in Section 4, Township 6 South. Range 68
West of the Sixth Principal Meridian, in Douglas County. Colorado. said tract or parcel of land being
more particularly described as foilcws :
Beginning at a point on the east line of the NW 1/4 of said Section 4 , whence the Center c::mer
of said se~ion 4, a ,a· x T' x 3" Stone bears S .1°06'01"E., a distance of 312 .846 meters (1026 .40
feet);
1. Tnence N .78°:4'57"W., a dis:ance of 13 .981 meters (45 .37 feet );
2. Tnence along the arc of a c:Jrve to the left having a radius of 26 .900 meters (88 .25 feet), a
distance of 16 .911 meters (55 .48 feet) (the chord of said arc bears N.16°5 1'41 "E .. a distance of
16 .634 meters (54 .57 feet));
3. Thence along the arc of a c:Jrve to the left having a radius of 207 .800 meters (681 .76 feet), a
distance of 28 .979 meters (95 .08 feet) (the chord of said arc bears N.05'08'37"W .. a distance of
28 .956 meters (95 .00 feet));
4. Tnence along the arc of a c:Jrve to the left having a radius of 210 .53 1 meters (690 .72 feet), a
distance of 78 .455 meters (257 .40 feet) (the chord of said arc bears N.14"31'11"W .. a distance
of 78 .001 meters (255 .91 feet));
5. Thence along the arc of a C'Jrve to the left having a radius of 215 .000 meters (705 .38 feet). a
distance of 37 .048 meters (1 2 1.55 feet) (the chord of said arc bears N.35'14'57"W .. a distance
of 37 .002 meters (12 1.40 feet ));
6. Thence N .40"1 1'08"W .. a distance of 43.300 meters (142.06 feet );
7. Thence along the arc of a C'Jrve to the left having a radius of 7 .500 meters (24 .6i feet), a
distance of 11 .781 meters (38.65 feet) (the chord of said arc bears N .85'11 '08"W .. a distance of
10 .607 meters (34 .80 feet));
8. Thence N .40°11 '08"W .. a distance of 18 .400 meters (60 .37 feet);
9. Thence along the arc of a C'Jrve to the left having a radius of 7 .500 meters (24.61 feet), a
distance of 11 . 781 meters (38 .65 feet) (the chord of said arc burs N.4"48'52"E .• a distance of
10 .607 meters (34 .80 feet));
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• 10 . Thence N.40"11 '08"W., a distance of 106 .836 meters (350.51 feet} to the southeasterly right-of-
way line of the Highline Canal (100.00 feet wide), as described in book 93, Page 64, Douglas
County Records;
11 . Thence N.6S"14'28"E. along said southeasterly right-of-way line of the Highline Canal, a
distance of 31 .811 meters (104 .37 feet);
12. Thence S.40"11'08"E., a distance of96 .256 meters (315 .80 feet);
13 . Thence along the arc of a curve to the left having a radius of 7.500 meters (24 .61 feet), a
distance of 11 .781 meters (38 .65 feet) (the chord of said arc bears S.85'11'08"E .. a distance of
10.607 meters (34.80 feet));
14 . Thence S.40"11'08"E .• a distance of 18 .400 meters (60.37 feet);
15 . Thence alon; the arc of a curve to the left having a radius of 7.500 meters (24.61 feet), a
distance of 11 .781 meters (38.65 feet) (the chord of said arc bears S.4"48'52"W .. a distance of
10.607 meters (34 .80 feet));
16 . Thence S.40"11'08"E .. a distance of 43 .300 meters (142.06 feet};
17. Thence along the arc of a curve to the right having a radius of 245 .0CO meters (803.81 feet), a
distance of 42.228 meters (138.54 feet) (the chord of saia arc bears S.35'14'52"E., a distance
of 42 .175 meters (138.37 feet));
18. Thence along the arc of a curve to the right having a radius of 247 .7 9i meters (812 .96 feet), a
distance of 92.105 meters (302.18 feet) (the chord of said arc bears S.24°01 '55 "E .. a distance
of 91 . 576 meters (300 .45 feet));
19 . Thence along the arc of a curve to the right having a radius of 252 .000 meters (826 .77 feet), a
distance of 57 .319 meters (188 .05 feet) (the chord of said arc bears S.2"3T09"E .. a distance of
57 .195 meters (187 .65 feet));
20 . Thence along the arc of a curve to the left having a radius 41.900 meters (137 .47 feet), a
distance of 6.444 meters (21 .14 feet) (the chord of said arc bears S .0"30'31"E .. a distance of
6.437 meter (21 .12 feet);
21 . Thence N.68"2T20"W., a distance of 12 .436 meters (40.80 feet);
22 . Thence N.7 8"54'57"W .. a distance of 23 .696 meters (77.74 feet) to the FOINT OF
BEGINNING .
The above described Parcel contains 1.242 hectares/12,421 square meters (3.069
acres/133 .698 square feet), more or less . ~'~~:~·~::?!,,,,,~
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BASIS OF BEARING : Grid bearings were detennined by global positioning~ \
Bearings are referenced to the line between point 1001 and point 192. The lin rl
monuments bears : s .ar18'29"W. ,?~H~~ f
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PARCEL FROM CITY OF ENGLEWOOD TO DOUGLAS COUNTY
EXHIBIT .. -:; ARCE!. 2L"
PROJECT NUMBER: CC 4701-076
PARCEL NUMBER 2L
February 17, 1997
Parcel 2L of the Department of Transportation, State of Colorado, Projec! No. CC 4701-076.
containing 3,150 square meters (33,906 square feet), more or less. being a portion of a parcel
described in Book 133. Page 4, Douglas County Records, in Section 4, Township 6 South, Range 68
West of the Sixth Principal Meridian. in Douglas County, Colorado, said tract or parcel of land bein~
more partic:Jlar1y described as follows :
Commenc:ng at the NW Comer of said Section 4, whence the W 1/4 Comer of said Section 4
bears S .0"34'55"E. 885.415 meters (2904.90 feet); Thence S.76°25'41"E .. a distance of 610 .680
meters (2003 .54 feet) to the TRUE POINT OF BEGINNING . said point being also on the
southwesrerly right-of-way line of County Line Road:
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Thence along said sou,hwesre!iy right-:>f-way line of County Line Road. along the arc of a cur-,e
to the left having a radius cf 17..:9.368 meters (5805 .00 fee!), a disrance of 30 .598 meters
(100.3S feet) (the chord of said arc bears S.77°44'21"E., a c:istance of 30.597 meters (100 .38
fee!):
Thence S .0°55'27''W., a distance cf 13 .733 meters (45.06 feet);
Thence along the arc of a curve to the left having a radius of 105 .000 meters (344 .49 feet). a
distance of 75 .337 meters (247.17 feet) (the chord of said arc bears S .19"37'51"E .. a distance
of 73 .732 meters (241.90 feet));
Thence S.40"11 '08"E .. a distance of 7 .498 meters (24 .60 feet) to the northwesterly right-of-way
line of the Highline Canal (100.00 feet wide), as desc:ibed in Book 93 , Page 64, Douglas
County Records ;
Thence S .69"14'28"W. along said northwesterly right-of-way line of the Highline Canal, a
distance of 31 .774 meters (104 .25 feet);
Thence along the arc of a curve to the right having a radius of 135.000 meters (442.91 feet), a
distance of 93.792 meters (307 .i2 feet) (the chord of said arc bears N.18°58'46"W., a distance
of 91 .917 meters (301.57 feet));
Thence N.0"55 '27"E., a distance of 19 .748 meters (64 .79 feet) to the TRUE POINT OF
BEGINNING .
The above described Parcel contains 0.315 hectares/3, 150 square meters (0.778 acres/33,909
square feet), more or less.
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BASIS OF BEARING: Grid bearings were determined by global positioning sysmm methods .
Bearings are referenced to the One t,etween point 1001 and point 192. The line between the two
monuments bears: s.ar1S'29'W.
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PROJ'l!CT NtlKBER: CC •701-076
PAAOU. NtlKBERS 2H, 2r ~ 2J
TJD:S DEED, made t::iis ~~ day of , 1997, bet~een t~e
CITY OF ENG~--WCCD, COLORADO a Home Rule City e.."C.sting under ana oy
v::..:.--::ie of t:ie laws of t:ie Stace of Colorado, ("Grant.or") , whcse
lee-al adcress is 3400 Sout:h Elat:i Street, Enalewcod, Color:i.do
aoi10, ar..d F.IGFT .... ANDS RANCH METROPOLITA.~ DI57R!CT NO. 3,
("Gr:1.."lt:ee"), whcse leaal adci=ess is 62 West :laza Dr::.ve, Highlar.c:s
Ranc!l, Colorado 80126.
Wl:TNESSETS, !~at t~e Grantor, for ar..a ~n ccns::.deration of t=e
su.'n of Ten a."ld r.o /l •JO Collars, the recei;::t: a..-:.d su::iciency of whic=.
:.s he:::-~by ack::.cw:eCgeC., has s=anceC, l:a=gai=eC, sol: !:.C. c::n,,eyeC,
a.z:d by these presencs dces grant:, ba:::-gain, se:.:., cor.Yey L"ld ccnfir::t
unc:) ::le Grance~, i ~s suc::esscrs and ass:.g::.s :!::e,re=, a:l. t::le r~a:
;==~e=~7 c~get~e= w.:.:~ improvemencs , i! a=y, s:c~a:e, lyi=g a::.ci
i:eing in c~e C=u_-:.:y c: ~cuglas and s:::ace of c=:.c:::-adc , des~rii:ed as
set f:;= i:i ~c.~.:.:=:.:s 2E, 2! a.z:C. 2~.
TOGEI:!ER, w::.:~ all ar.d s::.ng,~lar t~e :ieredi:amen:s and
appur-:enances t=e:-eur.co i:elor.g::.ns, or ::.n a.-:.:,-.o1::.se ap;:e:-:ainins, a_-..,
t:~e =ev·e::-s:.cr. a::C. =~~,e=sions, remai:Ce:-a::C. =~ma~::.de:-s, =~!'!c.s ,
issues ar..ci pr::fi:s t=e:::-eof: and all t.:::e escace, :-::.g:it, ci:le,
int.e:-est, clai:n ar.ci demar.d whatsce•rer of t!le G:-a.-:.co:-, ei t.:::er in law
er equi:y, cf , in ~c to the .u:ove ba:::-=ai=ed pre~ises, w::.c::i t.:::e
te:::-edicamer.cs ar.d appu.:.--:enances.
TO HAVE AND TO :OLD t::ie said pre!llises cove ~ar=ained ai::
ciesc:::-::.;ed, wi:h c:ie ap;ur-:e=ances, unco t:le G=u:.:ee , i:s successors
ar..c assigns f:,re•rer. And t!le Grantor fer i:se:.:, ::.:s successo:::-s
a.nc assigr.s, does cover.ant, g:-anc, bargai= ar.c ag:-ee c.o anc wi:.:::
t:le Grantee , it:s successors and assigns, t.:::ac ac. t=e time of t:le
ensealing and deliver-/ of t::iese presents, i: ::.swell seized of the
;::remises above ccnveyed, has good, sure, pe:::-:ec:, a.1:solute ar.d
i:idefeasible esc.ace of inne:-::.tL~ce, i:i law, ::.n :ee s::.:nple, and has
good r::.ghc , f·.ill powe:-and lawful authority tc g:-ant, bargain, sell
and convey the same i:i manne:-and for.n a!oresaid, and t:iac. the same
are f:::-ee and clear f:-crn a__ for.ne:::-and ot=•= g:-snts , bargains,
sales , liens , taxes, assessments, enC'.lmbrar.ces and :-esc.ricc.ions o:
whateve:::-ki:ic or nac:i:::-e whatsoever .
The Granco:-shall and will WAR..lU.."f! ;urn FO~/E.'!t DEFE.'ID t.:::e
al::ove ba:::-gai:ied premises i:i the quiet and peaceable possession c:
the Grantee, it.s successors and assig:-_., ac;ai:isc all and eve::-1
pe:::-scn or pe:-scns law::illy claimi:ig or to claim the whole or any
par: thereof .
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DI' wrrimss WDJlSO.,, the Granter has cauaed its cor.,orate name
to be hereunco subscribed by its Mayor, and its corporate seal to
be hereunto affixed, at:tested by its City Clerk, the day and year
first above written.
ATTE..<:T:
Loucrishia A. Ellis,
City Clerk
STAT! OF COLORADO
COUNTY OF
)
)ss
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The-. J. Burns,
Mayer
The foregoi~g i~::--..unent was aclc::.cwle~ged before me t~is __
dav of ----....,.,,..,..--• l99i, by ':'!:.cmas J. Bu....-:lS as Maye:-~c.
Louc:-ishia A. E:llis as City Cle:-k cf ~e City c: !::g:ewccc:,
Colorado.
My Commission Expires:
Witness my hand and of!icial seal.
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PARCEL FROM CITY OF ENGLEWOOD TO HIGHLANDS RANCH METRO DISTRICT
EXHIBIT "PARCEL 2H"
PROJECT NUMBER: CC 4701-076
PARCEL NUMBER 2H
February 17, 1997
Parcel 2H of the Department of Transportation. State of Colorado . Project No. CC 4701-076.
containing 1,068 square meters (11,496 square feet), more or less, being a portion of a parcel
described in Book 133, Page 4. Douglas County Records. in Section 4, Township 6 South, Range 68
West of the Sixth Principal Meridian. in Dcuglas County. Colorado. said tract or parcel of land being
more particularly described as follows:
Commenc:ng at the NW Comer of said Section 4. whence the W 1/4 Comer of said Section 4
bears S.0"34'55"E. 885.415 meters (290.4.90 feet); Thence S.69"55"55"E .. a distance of 695 .162
meters (2280 .71 feet) to the TRUE POINT OF BEGINNING . said point being also on the
northwesterly right-of-way line of the Highline Canal (100.00 fee! wide), as described in Book 93 .
Page 64 , Douglas County Records:
1. Tnence N.40"11 '0S"W ., a distance of 6.362 meters (2 0.87 fee!):
2 . Thence N.69"14'28"E, a distance of 13.833 meters (45.38 feet):
3. Thence s.20•45·32·e. a distance of 5.784 meters (18.98 feet);
4 . Thence along the arc of a curve to the left having a radius of 11i.OOO meters (386.86 feet), a
distance of 33.646 meters (110.39 feet) (the chord of said arc bears N.5i'931'1rE .. a distance
of 33 .530 meters (110.01 feet)) to the beginning of a reverse c:.irve:
5. Thence along the arc of a curve to the right having a radius 103 .000 meters (337 .93 feet), a
distance of 66.354 meters (217 .70 feet) (the chord of said arc bears N.67°44'18"E .• a distance
of65.212 meters (213.95 feet):
6. Thence N.86"11'3rE. a distance of 40 .303 meters (132.23 feet) to said northwesterly right-of-
way line of the Highline Canal :
7 . Thence along said northwesterly right-of-way line along the arc of a non-tangent curve to the
left having a radius of 315.383 meters (1034 .72 feet), a distance of 43 .643 meters (143.19 feet)
(the chord of said arc bears S.73"12'19"W., a distance of 43 .608 meters (143 .07 feet));
8. Thence S.69"14'28"W., a distance of 104.785 meters (343.78 feet) to the TRUE POINT OF
BEGINNING .
The above described Parcel contains 0.107 hectares/1,068 square meters (0.264 acres/11,496
square feet), more or less.
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BASIS OF BEARING: Grid bearings were detennined by global positioning system methods.
Bearings are referenced to the line between point 1001 and point 192. The line between the two
monuments bears: s.ar18'29"W.
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PARCEL FROM CITY OF ENGLEWOOD TO HIGHLANDS RANCH METRO DISTRICT
EXHIBIT "PARCEL 21"
PROJECT NUMBER: CC 4701-076
PARCEL NUMBER 21
February 1i, 1997
Parcel 21 of the Department of Transportaticn. State of Colorado. Proj~ No. CC 4701-0i6 .
containing 1,853 square meters (19,945 square feet). more or less. being a pcrticn of a parcel
described in Book 133, Page 4. Douglas County Rec:,rds , in Section 4. Township 6 South, Range 68
West of the Sixth Principal Meridian , in Douglas County , Colorado , said tract or parcel of land being
more particularly descnbed as follows:
Commencing at the NW Comer of said Sec:icn 4 , whence the W 1/4 Comer of said Secticn 4
bears S.0•34•55·E. 885 .415 meters (2904.90 feet); Thence S.66"5i'43"E .. a dis,ance of 656 .665
meters (2154 .4 1 feet) to the TRUE POINT OF BEGINNING. said pcint being also on the
northwesterly ric;ht--0f-way line of the Highline Canal (100.00 feet wide ). as desc:.i:ed in Seek 93 .
Page 64 . Douglas County Records :
1. rnence along said northwesterly ri ght-cf-.vay line of the Highline Canal. aicng the arc of a curve
to the left having a radius of 85.769 meters i 28 1 .39 feet), a distance of 70.878 meters (232 .54
feet) (the chord of said arc bears S.45°34 'QO'W .. a distance of 68 .SiS meters (225 .98 feet);
2. Thence s .21•53'33'W. along said northwesterty right-of-way line cf the Highline Canal. a
distance of 111 .658 meters (366.33 feet);
3. Thence alcng the arc of a non-tangent curve to the left having a rac ius of 117. 000 meters
(383.86 feet), a distance of 51 .744 meters (169.76 feet) (the c.'1orc of said arc bears
N.os·13·22·E .. a distance of 51 .323 meters (168 .38 feet)) to the beginning of a reverse curve ;
4 . Thence along the arc of a curve to the right having a radius of 93 .000 meters (305.12 feet), a
distance of 117 .984 meters (387.09 feet) (the chord of said arc bears N.32•53·49·e .. a distance
of 110 .229 meters (361.64 feet);
5. Thence N .6e•14 ·2a·e .. a distance of 24 .300 meters (79 .72 feet) to the TRUE POINT OF
BEGINNING .
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The above desc:ibed Parcel contains 0. 185 hec:ares/1,853 square meters (0.458 acres/19.944
square feet), more or less.
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PARCEL FROM CITY OF ENGL2NOOO TO HIGHLANDS RANCH METRO DISTRICT
EXHIBIT •PARCEL 2J"
PROJECT NUMBER: CC 4701-076
PARCEL NUMBER 2J
Feoruary 11, 1997
Parcel 2J of the Department of Transportation, State of Colorado , Project No . CC 4701-076 .
containing 54 square meters (581 square feet), more or less. being a portion of a parcel desaibed in
Book 133, Page 4, Douglas County Records, in Section 4, Township 6 South . Range 68 West of the
Sixth Principal Meridian, in Douglas County, Colorado , said tract or parcel of land being more
particularfy desaibed as follows:
Commencing at the NW Comer of said Section 4 , whence the W 1/4 Comer of said Section 4
bears s .0•34•5s1:. 885 .415 meters (2904.90 feet): Thence S.61•34•4s·e .• a distance of 664 .175
meters (2179 .05 feet) to the TRUE POINT OF BEGINNING. said point being also on the
northwesterly right-of-way line of the Highline Canal (100.00 feet wide ), as desc:-ibed in Book 93 .
Page 64, Douglas County Records :
1. Tnence N.20•45 ·32·e .. a distance of 6.000 meters (19 .68 feet):
2. Thence N.69"14'28"W .. a distance of 8.106 meters (26.59 feet):
3. Thence along the arc of a non-tangent curve to the left having a radius of 135.000 meters
(442 .91 feet), a distance of 6 .268 meters {20.56 feet) {the c.'iord of said arc bears
S.3i933'09"E .. a distance of 6.267 meters (20 .56 feet)) to said northwesterly right-of-way line of
the Highline Canal;
4 . Thence S.69.14'28'W. along said northwesterfy right-of-way line of the Highline Canal. a
distance of 9 .917 meters (32.54 feet) to the TRUE POINT OF BEGINNING.
The above described Parcel contains 0.005 hectanll/54 square meters (0.013 acres/581
square feet). more or less.
BASIS OF BEARING: Grid bearings were detennined by global position ing system methods .
Bearings are referenced ID the line between point 1001 and point 192. The line between the two
monuments bears: s.s1·1a'29'W.
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OBDINARCI: NO, _
SERIF.8 OF 1997
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BY AUTHORITY
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COUNCIL Bn.J.. NO. 20
INTRODUCED BY COUNCil.
MEMBER WIGGINS
AN OBDINAlfCS AIIBNDINO TlTLB 5, BY BNACTINO A NBW C&U IBR ff, OP
THE ENGLEWOOD MUNICIPAL CODE 1985, ENTITLED SPECIAL EVENTS.
WHEREAS, the puaage of this Ordinance Special Events lic:enaes will allow the
City's staff to illaue special events lic:eD8e8; and
WHEREAS, the activity covered by this liceme by its definition does not occur on a
regular buis and therefore the liceme expires upon completion of the event or eeven
days wbicbewir is aborter; and
WHEREAS, the regular functiOllll and activities of government, religious or
charitable orpnisatiOllll because these orpnizatiOllll normally have a permanent
presence in the community; their operations are intended to benefit the community aa
a whole; and
WHEREAS, this liceDle bu lpeCial liceue requirements due to the transitory
nature of the liceued activities; and
WHEREAS, this liceDle niquina pneral liability insurance in an amount
acceptable to the City to insure the public ia praCeeted apimt any financial a.t clue to
harm or clamap iDcurnd u a -it • tbNe ad:mtiN and -ta; and
WHEREAS, this lMalN requine a cleuup clapoait to insure tbe lMalN bolder
retuma tbe ..,_.. to a ate IICClptable to tbe City and tben6re this a-. tbe
burden on tbe public far cleuup CIIIU that could be iDcurred by tbe City if liceDle
holden bave DO ~tive to perbm a cleaup a tbe liceued ait.e;
NOW, THEBEFORE, BE IT ORDAINED BY THE CITY COUNCil. OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOU.OWS:
5t¥;tim 1. Tbe City Council • the City m l!'.apwood, Colorado hereby amenc1a Title 5,
by enac:tinc a new Cbapta' 20, mtitled Special Ev.ta, which aball read u follows:
SEC'nON:
5-20-1 : DEFINITIONS
5-20-2: UCBNSE REQUIRED
5-20-S: APPUCATION FOR lJCBNSE
5-20-4: TERM OF SPECIAL IVBNTS lJCBNSB
5-20-5: SPECIAL UCBNSE REQUIREIDNTS
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5-20-1: DEFINITIONS: FOR THE PURPOSE OF THIS CHAPl'ER, THE
FOLLOWING TERMS, PHRASES, WORDS AND THEIR DERIVATIONS SHALL
HAVE THE MEANINGS GIVEN HEREIN.
SPECIAL EVENT: AN ACTIVITY OR OCCURRENCE OPEN TO
THE PUBLIC FOR WlllCH AN ADMISSION
FEE MAY OR MAY NOT BE CHARGED
THAT DOES NOT OCCUR ON A REGULAR
BASIS.
5-20-1: UCBNSB BEQUIBED: IT SHALL BE UNLAWFUL TO HOLD A SPECIAL
EVENT WITHOUT FlRSl' OBTAINING A LICENSE EXCEPI' FOR THE
FOLLOWING:
A. REGULAR FUNCTIONS AND ACTIVITlES OF GOVERNMENTAL,
RELIGIOUS AND CHARITABLE ORGANIZATIONS
5-20-3: APPLICA'nON FOR UCENBE: THE APPUCATION FOR A SPECIAL
EVENTS LICENSE SHALL BE MADE IN ACCORDANCE WITH THE
PROVISIONS OF TITLE 5, CHAPI'ER 1.
5-llllM: 'ImlM OF SPECIAL EVENTS UCBNBE: THE UCENSE SHALL EXPIRE
UPON COMPLETION OF THE EVENT OR SEVEN (7) DAYS WHICH EVER IS
SHORTER. A UCENSE SHALL NOT BE ISSUED FOR THE SAME SPECIAL
EVENT MORE THAN THREE (3) TIMES IN ANY CALENDAR YEAR.
5-IO-a: SPBCW. LICDR BBQlllBBIIBN'l'
A. THE UCENSE HOLDER SHALL HA VE GENERAL LIABILITY INSURANCE
IN AN AMOUNT ACCEPI'ABLE TO THE CITY.
B . THE LICENSE HOLDER SHALL PROVIDE A CLEAN-UP DEPOSIT IN AN
AMOUNT ACCEPI'ABLE TO THE CITY. THE CLEAN-UP DEPOSIT WILL
BE RETURNED IN FULL OR IN PART AFl'ER INSPECTION OF
PREMISES. THE UCENSE HOLDER SHALL CLEAN THE SITE WITHIN
TWENTY-FOUR (24) HOURS AFl'ER THE SPECIAL EVENT IS
COMPLETED.
Sec;tion 2. Safety Clau1ee The City Council, hereby flnda, determin•, and
declares that this Ordinance is promulpted under the pneral police power of the
City of Englewood , that it is promulptecl for the health, safety, and welfare of the
public, and that this Ordinance is n-.ry for the prmenatioo of health and
safety and for the protection of public convenience and welfare . The City Council
further determines that the Ordinance bean a rational relation 1D the proper
legislative object aoupt to be obtained.
Sec;tigp 3 Sc11rahjljty If any clauae, NDtace, puqrapb, or put of this
Ordinance or the application thereof 1D any penoD ar cimuutan-shall for any
reuon be adjudpd by a CIOUlt ~ ccmpitalt juriadic:tion invalid, IIUCb jud,ment
shall not affect impair or invalidate tbe N1Daiader ~ thia Ordinance ar ita
application to other penom or circwutaDma.
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5ec;tiqn • Jm:oneietent Ordinanc;e1 All other Ordinanc:ee or portions thereof
inconsistent or conflicting with this Ordinance or any portion hereof are hereby
repealed to the en.it of such incoDaiatmcy or conflict.
Section 5 Effect g{ r:meel gr modification The repeal or modification of any
proviaion of the Code al the City al Englewood by thia Ordinance lhall not releue,
extin,uish, alter, modify, or chanp in whole er in part any penalty, forfeiture, or
liability, either ciYil er criminal, which lhall have ti-incurred under such
provision, and each provision lhall be treated and held u still remaining in force
for the purposes al 9U9taining any and all propm-actions, suits, proceedinp, and
prosecutions for the enforc:ement of the penalty, forfeiture, or liability, u well u for
the purpoee of sustaininc any judpmt, decree, er order which can er may be
rendered, entered, or made in such actions, suits, pmrwinp, or prosecutions.
Ses;tigp 6. &oaltx-The Penalty Provision ofE.M.C. Section 1-4-1 lhall apply to
each and every violation of this Ordinance.
Introduced, read in full, and puaed on first reading on the 17th day of March, 1997.
Publiahed u a Bill for an Ordinance on the 20th day of March, 1997.
Read by title and pused on final reading OD the 7th day of April, 1997.
Published by title u Ordinance No. _, Series al 1997, on the 10th day of April,
1997.
Tbomu J. Bums, Mayor
ATTEST :
Louc:riahia A. Ellis, City Clerk
I, Loucriahia A. Ellis, City Clerk althe City all!:apwood. Colorado, hereby
certify that the above and farepinc is a true copy of the Ordinance pused OD tlnal
readins and publiahed by title u Ordinuce No .__. Series al 1997.
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OBDINANCI NO._
SEllIES OF 1997
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BY AUTHORITY
COUNCIL BILL NO. 21
INTRODUCED BY COUNCIL
MEMBER WIGGINS
AN OIDINANCB BBPBALING TITLE 6, CHAPTIK 6. OF THB ENGLEWOOD
MUNICIP~ CODE 1986, AND ENACTING A NEWTITLE=CRAPTER 6,
ENTITLED ~ULT ENTERTAINMENT ESTABlJSHME WlfICH UPDATES,
CLARIFIE AND BRINGS THE LICENSING REQUIREME FOR ADULT
ENTERTAINMENT ESTABLISHMENTS INTO COMPLIANCE WI'nl RECENT
CASE LAW AND WHICH REMOVES AMUBBMBN'l'S FROM ORDINANCE NO. 25,
SERIES OF 1996 WHICH PERTAINS TO THE MORATORIUM OF LICENSES IN
THE CITY OF ENGLEWOOD, COLORADO.
WHEREAS, the Englewood City Council eatabliabed a temporary auapenaion or
moratorium of miacellaneoua buaineu lice1111ea for a period of llix months with the
paaaage of Ordinance No. 25, aeries of 1996; and
WHEREAS, the moratorium or temporary auapenaion included Adult
Entertainment eatabliahment lice1111ea; and
WHEREAS, both the United Stat.ea Conati.tution and the Colorado Conati.tution
provide protection of free apeec:h activities which include aemally oriented, adult
entertainment type activitiea; and
JO. It u.1!
WHEREAS, the purpoae of tbeae reculationa ia to provide for the reculation and
licenaing of aemally oriented bnai-within the City in a IIUllllM!r which will protect
the property valuea, neighborbooda and reaidenta from the potential adverae aecondary
eft'ecta of aesually oriented buair 1111 while providinc ti> thoae who cleaire to patronize
aesually oriented bnair 111a the opportunity to do ao; and
WHEREAS. It ia not the intent of thia Chapter to aupprea any apeecb actmtiea
protected by the Fint and Fourteenth Amend-rte olthe United S&atea Comtitutioa
or Arucle II , Section 10 of the Colorado Comtinmoa but to ma.,_ content-neutral
reculatiom which addreM the adftl'N 88CIIIIIW7 eJlec:ta ol aesually oriented
b~;and
WHEREAS , rocbmc in thia Cbapt.er ia int.eDded to autboria or liceDN U1JCbmi
otherwaae proluhated bJ law : and
WHEREAS . aesually orieDtecl boar 1111 are frequendy uaed for unlawful ..-i
actiVlbN, mcludins pl'08Utui-l; and
WHEREAS , the coacana owr anually tnnamitted diae-ia a Jar;eate bNldt
concern of the City wlucb deeande Na-able rqwation of •sually arieatied
buai-to pnuct the bNldt and ..U-beins ol the c:itiaena, ind11cti111 die pmw ol
NJ:ually oriented biiwr Ill I ; and
WHEREAS . 1-aanc ol •sually orwDted boetr 1111 ia a leptieaw aall nN•a-lllhllal
mew ol 9119Uft111 dial aperatan ol --U, arwDted biiwir 1111 amply with
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reasonable regulations and that operators do not knowingly allow their buaineues to
be used as places of illegal sexual activity or solicitation; and
WHEREAS, there is convincing documented evidence that sexually oriented
businesses, because of their nature, have a deleterious effect on both the existing
businesses around them and surrounding residential areas, causing increased crime
and downgrading of property values; and
WHEREAS, the purpose of this Chapter is to control adverse effects from sexually
oriented businesees and thereby protect the health, safety and welfare of the citizens;
protect the citizens from increased crime; preaerve the quality of life; preserve the
property values and character of the surrounding neighborhoods and deter the spread
of urban blight; and
WHEREAS, this license requires aeparate licenses for different activities because of
the unique health and safety ia&ues inherent to the e1tabliahment; and
WHEREAS, this license requires that ltrict control of all peraons on the licensed
premises, including the manager, muat be registered with the City to ensure that the
manager and all employee, are not minon and can be used to identify those persons on
the licensed premises that may act as agent for the license holder; and
WHEREAS, this license is required to be ix-cl for any authorized City of
Englewood official to examine and a diqram of the licensed premise• is required Ill
authorized City of Englewood employees may inspect the licensed premises and
determine if modifications have been made that reltrict the ability of the license holder
to control the premises; and
WHEREAS, this Chapter require, apecial license requirements for adult motion
picture theaters and bootba to enaure that the bootba are built to reduce fire danger
and the premise, have 1uflicient entrancel, e:itits, aeating and lighting; and
WHEREAS, this license requires apecial license requirements for adult dancing
establishments to enaure atagel are built to protect the ufety of the eatabliahment'1
employee,; and
WHEREAS, this license requires aeparate and apec:ial licenae requirements for peep
booths, where a motion picture booth may bold more than one person, a peep booth is
restricted to one person only; and
WHEREAS , this licenae include, apecial requirements to imure the licenae holder
maintains control of the premiael and can view all areu of the liceneed premiaea to
reduce the possibility of illegal activities takinc place on the licensed premise,;
NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO, AS FOLLOWS :
Section l. The City Council of the City of Enc)ewood, Colorado hereby repeals Title
5, Chapter 6 of the Enclewood Municipal Code 1986, and reenacts a new Title 5,
Chapter 6, which ahall read u follow,:
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CIIAPTEll a
ADULT ENTEllTAINIIENT ESTABLISIDIENTS
SECTION:
5-6-I : DEFINITIONS
5-6-2: UCENSE REQUIRED
5-6-3: APPUCATION FOR UCENSE
5-6-4: SPECIAL UCENSE APPUCATION REQUIREMENTS FOR ADULT
BUSINESS ESTABUSHMENTS
~l: DEFINITIONS: FOR THE PURP08ES OF THIS CHAPTER THE
FOILOWING DEFINITIONS APPLY:
ADULT ARCADE:
ADULT BOOKSTORE :
AN ESTABUSHMENT WHERE, FOR ANY
FORM OF CONSIDERATION, ONE OR
MORE MOTION PICTURE PROJECTORS,
SUDE PROJECTORS OR SIMILAR
MACHINES, FOR VIEWING BY FIVE (5) OR
FEWER PERSONS EACH, ARE USED TO
SHOW FILMS, MOTION PICTUREs, VIDEO
CASSETTE&, SUDES OR OTHER
PHOTOGRAPHIC REPRODUCTIONS
WIDCH ARE CIIARACl'EIUZED BY AN
EMPIIASIS UPON THE DEPICTION OR
DESCllIPTION OF SPECIFIED SEXUAL
ACTIVrn!S OR SPECIFIED ANATOMICAL AREAS .
A PLACE WHERE BOOKS, MAGAZINES ,
MOTION PICTUREs, PRINTS,
PHOTOGRAPHs , PUIODICALS,
RECORDINGS , NOVELTIES AND DEVICES,
OR ANY OF THESE THINGS, WIDCH HA VE
AS 11IEIR PRIMARY OR DOMINANT
111EME MATl'ERS DEPICTING,
ILLUS'l'RATING, DESCRIBING OR
RELATING TO SPECIFIED SEXUAL
ACTIVrnES ARE SOLD OR OFFERED FOR
SALE TO ADULTS AND INCLUDES A
PLACE Wini ONLY A POlfflON OR
SECTION OF ITS AREA SET ASIDE FOR
THE DISPLAY OR SALE OF SUCH
MATERIAL TO ADULTS , EXCEPT THAT
ANY PLACE, O'l'HDWISE INCLUDED
WITHIN THIS DEPINrnON, THAT
DDIVBS NOT MOU THAN TEN
PERCENT (1°'6) OF ITS GROSS INOOIII
FROM THE SALE OF SUCH MATll:RIAL
SHALL BE EXBMPT P'ROII THE
PROVISIONS OF THIS CHAPTU SO LONG
AS SUCH MATll:JUAL IS DPT IN A
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ADULT CABARET
ADULT DANCING
ESTABUSHMENT
ADULT ENTERTAINMENT
ADULT MODEUNG
ADULT MOTION
PICTURE THEATER
ADULT MOTION
PICTURE BOO'ffl
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LOCATION WHERE IT IS NOT VISIBLE
AND SHAU. NOT BE A SELF-SERVICE
ITEM FOR THE CUSTOMERS OF SUCH
PLACE.
A NIGHTCLUB, BAR. RESTAURANT OR
SIMILAR ESTABUSHMENT WHICH
REGULARLY FEATURES UVE
PERFORMANCES WHICH ARE
CHARACTERIZED BY THE EXPOSURE OF
SPECIFIED ANATOMICAL AREAS OR BY
SPECIFIED SEXUAL ACTIVITIES OR
FILMS, MOTION PICTURES, VIDEO
CASSETTES, SUDES OR OTHER
PHOTOGRAPHIC REPRODUCTIONS
WHICH ARE CHARACTERIZED BY AN
EMPHASIS UPON THE DEPICTION OR
DESCRIPTION OF SPECIFIED SEXUAL
ACTIVITIES OR SPECIFIED ANATOMICAL
AREAS.
A BUSINESS THAT FEATURES DANCERS
DISPLAYING OR EXPOSING SPECIFIED
ANATOMICAL AREAS .
INCLUDES ADULT ARCADE, ADULT
ESTABUSHMENT BOOKSTORE , ADULT
CABARET, ADULT DANCING
ESTABLISHMENT, ADULT MODEUNG,
ADULT MOTION PICTURE B00'111, OR
ADULT MOTION PICTURE THEATER.
AN ADULT BUSINESS AC'nVITY THAT
FEATURES MODELS DISPLAYING OR
EXPOSING SPECIFIED ANATOMICAL
AREAS .
AN ENCLOSED AREA wrnDN AN
ADULT ENTERTAINMENT
ESTABLISHMENT DESIGNED OR USED
FOR THE VIEWING BY ONE OR TWO (2)
PERSONS OF MOTION PIC'ruRES OR
VIDEO TAPED WHICH HA VE AS THEIR
PRIMARY OR DOMINANT THEME
MATTERS DEPICTING , ILLUSTRATING OR
RELA'MNG TO SPECinED SEXUAL
ACTIVITIES .
AN ENCLOSED BUILDING, OR A
POmON OR PART OF AN ENCLOSED
BUILDING , OR AN OPEN-AIR THEATER
DISIGNED TO PDMIT VIEWING BY
PATRONS SEATID IN AUTOMOBILBS,
USED POK PUSIN'nNG ON A UOULAll
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PEEP BOOTH
SPECIFIED ANATOMICAL
AREAS
SPECIFIED SEXUAL
ACTIVITIES
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BASIS FILM MATERIAL WHICH HAS AS
ITS PRIMARY OR DOMINANT THEME
MATI'ERS DEPICTING, ILLUSTRATING OR
RELATING TO SPECIFIED SEXUAL
ACTIVITIES FOR OBSERVATION BY
ADULT PATRONS THEREOF, AND
INCLUDES ANY HOTEL OR MOTEL,
BOARDING HOUSE, ROOMING HOUSE OR
OTHER LODGING FOR TRANSIENT
CUSTOMERS WHICH ADVERTISES THE
PRESENTATION OF SUCH FILM
MATERIAL.
AN ENCLOSED AREA WITHIN AN ADULT
ENTERTAINMENT ESTABIJSHMENT
DESIGNED OR USED FOR THE VIEWING
BY ONE PERSON OF MOTION PICTURES,
VIDEO TAPES, OR UVE PERFORMANCES
WHICH HAVE AS THEIR PRIMARY OR
DOMINANT THEME MATTERS
DEPICTING, IIJ.USTRATING OR
RELATING TO SPECIFIED SEXUAL
ACTIVITIES OR SPECIFIED ANATOMICAL
AREAS .
MEANS AND INCLUDES ANY OF THE
FOU..OWING:
A. LESS'nlANCOMPLETELY AND
OPAQUELY COVERED HUMAN
GENITALS, PUBIC REGION,
BUTl'OCKS, ANUS OR FEMALE
BREASTS BELOW A POINT
IMMEDIATELY ABOVE THE TOP OF
THE AREOLAE; OR
8. HUMAN MALE GENITALS IN A
DISCERNIBLE TURGID STATE ,
EVEN IF COMPLETELY AND
OPAQUELY COVERED .
A. HUMAN GENITALS IN A STATE OF
SEXUAL STIMULATION OR
AROUSAL;
8 . ACTS OF HUMAN ANALINGUS,
BESTIALITY, CUNNIUNGUS,
COPROPHIUA, FIU.A'nON,
FLAOEU.ATION, FROTTAGE.
MASOCHISM. MAm.JRBA'nON,
SADISM. SADOMASOCHISM.
SEXUAL INTERCOURSE , SODOMY
OR UROLAGNIA; AND
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C. FONDLING OR OTHER EROTIC
TOUCHING OF HUMAN GENITALS,
PUBIC REGION, BUTTOCKS OR
FEMALE BREAST.
5..e-2: LICENSE REQUIRED: IT SHALL BE UNLAWFUL FOR ANY PERSON
TO OPERATE ANY ADULT ESTABLISHMENT IN THE CITY OF
ENGLEWOOD WITHOUT FIRST OBTAINING A LICENSE.
5-6-3: APPLICATION FOR LICENSE:
A. THE APPLICATION FOR AN ADULT ENTERTAINMENT
ESTABLISHMENT LICENSE SHALL BE MADE IN ACCORDANCE
WITH THE PROVISIONS OF TITLE 5, CHAPTER 1.
B. IN ADDITION THE APPLICANT SHALL BE REQUIRED TO
PROVIDE THE FOLLOWING:
1. MANAGER(S) LICENSE :
i. ALL MANAGERS OF ADULT ENTERTAINMENT
ESTABLISHMENTS MUST BE LICENSED . LICENSES
WILL BE ISSUED BY THE LICENSING OFFICER.
ii. WHERE ANY LICENSE HOLDER HAS A CHANGE IN
MANAGER OR MANAGERS OF HIS/HER
ESTABLISHMENT, AND A NEW MANAGER HAS NOT
PREVIOUSLY BEEN APPROVED AS A MANAGER BY
THE LICENSING OFFICER, HE/SHE SHALL BE
PRESENTED BY THE HOLDER OF A LICENSE OR SHALL
PRESENT HIMSELF/HERSELF TO THE OFFICE OF
THE LICENSING OFFICER FOR A MANAGERS
LICENSE.
2. EMPLOYEE REGISTRATION :
i. IT SHALL BE UNLAWFUL FOR ANY PERSON TO BE
EMPLOYED BY ANY ADULT ESTABLISHMENT IN THE
CITY OF ENGLEWOOD WITHOUT FIRST OBTAINING A
REGISTRATION .
5-6-4: SPECIAL LICENSE APPLICATION:
A. FOR ALL ADULT ENTERTAINMENT ESTABLISHMENTS IN
ADDITION TO THE LICENSE APPLICATION REQUIREMENTS , IN
CHAPTER l OF THIS TITLE , THE APPLICANT MUST COMPLY
WITH THE FOLLOWING SPECIAL APPLICATION
REQUIREMENTS :
1. DIAGRAM REQUIREMENT :
i. THE APPLICATION MUST BE ACCOMPANIED BY A
DIAGRAM SHOWING THE CONFIGURATION OF THE
PREMISES , INCLUDING A STATEMENT OF TOTAL
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FLOOR SPACE OCCUPIED BY THE BUSINESS AND
DESIGNATING THE USE OF EACH ROOM OR OTHER
AREA OF THE PREMISES .
ii. THE DIAGRAM SHALL DESIGNATE ALL AREAS OF
THE PREMISES WHERE PATRONS ARE NOT
PERMITTED .
iii. THE DIAGRAM NEED NOT BE PROFESSIONALLY
PREPARED , BUT MUST BE DRAWN TO A DESIGNATED
SCALE, OR DRAWN WITH MARKED DIMENSIONS OF
THE INTERIOR OF THE PREMISES TO AN ACCURACY ..
OF PLUS OR MINUS SIX INCHES (6").
iv. THE DIAGRAM SHALL DESIGNATE THE PLACE AT
WHICH THE LICENSE WILL BE CONSPICUOUSLY
POSTED .
V . NO ALTERATION IN THE CONFIGURATION OF THE
PREMISES OR ANY CHANGE IN USE OF ANY ROOM
OR AREA AS SHOWN ON THE DIAGRAM MAY BE
MADE WITHOUT THE PRIOR WRITl'EN APPROVAL OF
THE LICENSING OFFICER.
vi. THE LICENSING OFFICER MAY WAIVE THE
FOREGOING DIAGRAM FOR RENEWAL
APPLICATIONS IF THE APPLICANT ADOPTS A
DIAGRAM THAT WAS PREVIOUSLY SUBMI'M'ED AND
CERTIFIES THAT THE CONFIGURATION OF THE
PREMISES HAS NOT BEEN ALTERED SINCE IT WAS
PREPARED AND THAT THE USE OF ANY AREA OR
ROOM IN THE PREMISES HAS NOT CHANGED .
vii. THE APPLICANT MUST BE QUALIFIED ACCORDING
TO THE PROVISIONS OF THIS CHAPTER AND THE
PREMISES MUST BE INSPECTED BY THE CITY AND
FOUND TO BE IN COMPLIANCE WITH THE LAW .
2. NO LICENSE GRANTED BY THIS CHAPl'ER SHALL BE
TRANSFERRED . THE LICENSE HOLDER SHALL HAVE A
COPY OF THE DIAGRAM ON THE LICENSED PREMISES FOR
INSPECTION AT ANY TIME .
3 . SELF-INSPECTION OF LICENSED PREMISES . THE
LICENSEE , OR HIS DESIGNATED REPRESENTATIVE ,
SHALL MAKE SANITARY INSPECTIONS OF THE IJCENSED
PREMISES AT LEAST ONCE PER MONTH , AND SHALL ..,,
RECORD THE FINDINGS ON A FORM SUPPLIED BY THE I LICENSING OFFICER. EACH LICENSED PREMISES SHALL • POST AND MAINTAIN IN A READILY ACCESSIBLE PLACE , A
SCHEDULE FOR MAINTAINING THE SANITA'MON OF THE
PREMISES .
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4 . SEAIJNG FOR UNSANITARY OR UNSAFE CONDITIONS . A
LICENSED PREMISES, OR ANY PART THEREOF, MAY BE
SEALED BY ORDER OF THE LICENSING omCER UPON
HIS FINDING OF A VIOLATION OF THIS CHAPTER
RESULTING IN AN UNSANITARY OR UNSAFE CONDITION.
PRIOR TO SEALING, THE LICENSING omCER SHALL
SERVE ON THE LICENSEE, BY PERSONAL SERVICE N HIM
OR BY POSTING IN A CONSPICUOUS PLACE ON THE
LICENSED PREMISES, A NOTICE OF THE VIOLATION AND
AN ORDER TO CORRECT IT WITHIN 'IWENTY-FOUR (24)
HOURS AFTER SERVICE . IF THE VIOLATION IS NOT
CORRECTED, THE LICENSING omCER MAY PHYSICALLY ..
SEAL THE PORTION OF THE LICENSED PREMISES IN
VIOLATION TO DISCONTINUE USE SHALL BE IN EFFECT
UNTIL THE VIOLATION HAS BEEN CORRECTED AND THE
SEAL REMOVED BY THE LICENSING omcER. THE
LICENSING OFFICER SHALL AFFIX TO PREMISES A
CONSPICUOUS SIGN LABELED "UNCLEAN' OR "UNSAFE".
AS THE CASE , MAY BE .
5. ALL ACTIVITIES , MATERIALS, DEVICES , AND NOVELTIES
SHALL BE PERFORMED OR DISPLAYED IN SUCH MANNER
THAT THEY CANNOT BE SEEN BY ANYONE OTHER THAN
THE CUSTOMERS WHO HAVE ENTERED THE LICENSED
ADULT ENTERTAINMENT ESTABLISHMENT.
6 . NO PERSON, MERCHANT, EMPLOYEE OR AGENT SHALL, IN
THE COURSE OF SEWNG, RENTING, OR OFFERING FOR
SALE OR RENTAL. A TANGIBLE OR INTANGIBLE PRODUCT,
SERVICE OR GOODS, EXPOSE "A SPECIFIED ANATOMICAL
AREA" OR CARRY ON A "SPECIFIED SEXUAL ACTIVITY."
7. IT SHALL BE UNLAWFUL FOR ANY EMPLOYEE OF AN
ADULT ENTERTAINMENT ESTABLISHMENT TO RECEIVE
TIPS FROM PATRONS EXCEPT AS FOU.OWS :
i . A LICENSEE THAT DESIRES TO PROVIDE FOR TIPS
FROM ITS PATRONS SHALL PROVIDE ONE OR MORE
BOXES OR OTHER CONTAINERS TO RECEIVE TIPS .
ALL TIPS FOR SUCH EMPLOYEES SHALL BE PLACED
BY THE PATRON OF THE ADULT ENTERTAINMENT
ESTABLISHMENT INTO THE flP BOX.
ii. AN ADULT ENTERTAINMENT ESTABLISHMENT THAT
PROVIDES TIP BOXES FOR ITS PATRONS AS
PROVIDED IN THIS SECTION SHALL POST ONE OR
MORE SIGNS TO BE CONSPICUOUSLY VISIBLE TO .,
THE PATRONS ON THE PREMISES IN LETl'ERS AT I LEAST ONE INCH (l") HIGH TO READ AS FOU.OWS : • "ALL TIPS ARE TO BE PLACED IN flP BOX AND NOT
HANDED DIRECTLY TO THE ENTERTAINER. ANY
PHYSICAL CONTACT BETWEBN THE PATRON AND
ENTERTAINER IS STRICTLY PROHIBITED ."
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B. SPECIAL LICENSE REQUIREMENTS· ADULT MOTION PICTURE
THEATERS AND BOOTHS: IN ADDITION TO THE LICENSE
APPLICATION REQUIREMENTS IN CHAPTER 1 OF THIS TITLE
AND THE SPECIAL APPLICATION PROCEDURES IN PARAGRAPH
A. THE APPLICANT MUST COMPLY WITH THE FOLLOWING
SPECIAL APPLICATION REQUIREMENTS :
1. EACH ADULT MOTION PICTURE BOOTH SHALL HAVE A
RECTANGULAR-SHAPED ENTRANCE WAY NOT LESS THAN
1WO FEET (2') WIDE NOR LESS THAN SIX FEET (6') HIGH,
AND THERE SHALL BE A DOOR. CURTAIN OR OTHER
CLOSURE CLOSING OFF THE ENTRANCEWAY WHILE THE
BOOTH IS IN USE, WHICH CLOSURE SHALL OPEN ..
OUTWARD FROM THE INSIDE OF THE BOOTH OR BE
CAPABLE OF BEING PUSHED ASIDE .
2. F..ACH ADULT MOTION PICTURE BOOTH SHALL HAVE
SUFFICIENT SEATS TO ACCOMMODATE THE MAXIMUM
NUMBER OF PERSONS EXPECTED TO USE THE BOOTH .
THE MAXIMUM NUMBER OF PERSONS WHO MAY OCCUPY
A BOOTH SHALL BE STATED ON OR NEAR THE
ENTRANCEWAY, AND ONLY THAT NUMBER SHALL BE
PERMITTED TO BE IN A BOOTH AT ONE TIME .
3. IF THERE IS MORE THAN ONE BOOTH IN AN ADULT
MOTION PICTURE THEATER. IT SHALL OPEN ONTO A
COMMON CORRIDOR, PASSAGEWAY OR AREA THAT HAS
AN EXIT WAY OR EXIT DOORWAY, AS DEFINED IN THE
UNIFORM BUILDING CODE , SEPARATE FROM THE OTHER
REQUIRED EXITS OF THE LICENSED PREMISES. THIS
EXIT WAY OR EXIT DOORWAY NEED NOT BE IN USE
DURING THE NORMAL COURSE OF BUSINESS, BUT AN
EXIT DOORWAY OPENING DIRECTLY TO THE EXTERIOR.
WHETHER IT IS THE ONLY EXIT DOORWAY OR THE I.AST
EXIT DOORWAY IN AN EXIT WAY, SHALL BE EQUIPPED
WITH APPROVED PANIC HARDWARE AS PROVIDED IN THE
UNIFORM BUILDING CODE .
4. ADULT MOTION PICTURE BOOTHS SHALL BE LIGHTED ,
WHENEVER FILM MATERIAL IS NOT BEING SHOWN , SUCH
THAT THE LIGHT INTENSITY AT EVERY POINT THIRTY
INCHES (30") ABOVE THE FLOOR IS NOT LESS THAN
ONE -HALF (1/1) FOOT-CANDLE , BUT MAY BE IN COMPLETE
DARKNESS WHEN FILM MATERIAL IS BEING SHOWN .
COMMON CORRIDORS , PASSAGEWAYS OR AREAS SHALL
BE CONSTANTLY LIGHTED WHEN IN USE SUCH THAT THE
LIGHT INTENSITY AT EVERY POINT THIRTY INCHES (30")
FROM THE FLOOR IS NOT LESS THAN FIVE-HUNDREDTHS "
(.05) OF A FOOT-CANDLE . I • 5. PARTITIONS BE'IWEEN ADULT MOTION PICTURE BOOTHS
SHALL BE CONSIDERED NONBEAIUNG PARTITIONS , BUT
THEY SHALL BE SO CONSTRUCTED AS TO HA VE A
FIRE -RESISTANCE RATING OF NOT LESS THAN ONE 0
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HOUR, UNLESS THE AREA WHEREIN THE BOOTHS ARE
LOCATED IS SPRINKLED, THEN SAID REQUIREMENTS ARE
WAIVED.
6. AN ADULT MOTION PICTURE THEATER HAVING ONLY A
HALL OR AUDITORIUM FOR THE SHOWING OF FILM
MATERIAL SHAU. BE CONSIDERED A "PLACE OF
ASSEMBLY" WITHIN THE MEANING OF THE UNIFORM
BUILDING CODE AND SHALL CONFORM TO THOSE
REQUIREMENTS.
7. AN ADULT MOTION PICTURE THEATER HAVING BOTH
ADULT MOTION PICTURE BOOTHS AND A HAIL OR
AUDITORIUM SHAU. CONFORM TO THE SPECIAL
REQUIREMENTS FOR BOTH FACIUTIES; PROVIDED, THAT
WHERE THE SPECIAL REQUIREMENTS ALLOW FOR
COMMON ELEMENTS TO BE UTILIZED OR CONSTRUCTED,
THIS MAY BE DONE WITH THE APPROVAL OF THE
BUILDING INSPECTOR.
8 . THERE SHAU. BE PROVIDED WITHIN OR ADJACENT TO
THECOMMONCORRIDORPASSAGEWAYORAREAIN
ADULT MOTION PICTURE THEATERS HAVING ADULT
MOTION PICTURE BOOTHS, ADEQUATE LAVATORIES
EQUIPPED WITH RUNNING WATER HAND CLEANSING
SOAP OR DETERGENT, AND SANITARY TOWELS OR HAND-
DRYING DEVICES; COMMON TOWELS ARE PROHIBITED .
C. SPECIAL LICENSE REQUIREMENTS· ADULT DANCING
ESTABLISHMENTS: IN ADDITION TO THE LICENSE
APPLICATION REQUIREMENTS IN CHAPTER 1 OF THIS TITLE
AND THE SPECIAL APPLICATION PROCEDURES IN PARAGRAPH
A, THE APPLICANT MUST COMPLY WITH THE FOLLOWING
SPECIAL APPLICATION REQUIREMENTS:
l. ANY PERSON EMPLOYED OR WORKING IN THE LICENSED
PREMISES AS A DANCER SHALL, WHILE DANCING,
PERFORM UPON A STAGE OR SIMILAR STRUCTURE
SPECIALLY DESIGNED FOR SUCH DANCING . STAGES
SHALL CONFORM TO THE REQUIREMENTS OF THE
UNIFORM BUILDING CODE, INCLUDING THE
REQUIREMENTS FOR APPURTENANT ROOMS , IF SUCH
APPURTENANT ROOMS ARE USED BY THE
ESTABLISHMENT; PROVIDED, THAT THE DANCERS SHAU.
BE PROVIDED WITH A DRESSING ROOM OR ROOMS THAT
ARE NOT PART OF OR USED BY THE PUBLIC AS
RESTROOMS .
2. WHERE A DANCER PERFORMS UPON A PLATFORM OR
OTHER SMALL STRUCTURE DESIGNED TO HOLD A SMALL
NUMBER OF PERSONS, WHICH IS NOT A STAGE NOR
EQUIPPED TO BE A STAGE FOR THEATRICAL
PRESENTATIONS, THE PLATFORM SHALL BE LEVEL AND
OF STURDY CONSTRUCTION AND SHALL BE SECURELY
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FASTENED TO THE FLOOR OR WALL DURING
PERFORMANCES. STEPS AND HANDRAILS SHALL BE
PROVIDED SO THAT THE DANCER MAY MOUNT TO THE
TOP OF THE PLATFORM SAFELY UNDER THE NORMAL
OPERATING CONDITIONS OF THE ESTABLISHMENT IN ALL
CASES WHEREIN THE TOP OF THE PLATFORM IS MORE
THAN EIGHT INCHES (8") FROM THE SURFACE UPON
WHICH THE PLATFORM RESTS .
D. SPECIAL LICENSE REQUIREMENTS· ADULT MODELING
ESTABLISHMENTS: IN ADDfflON TO THE LICENSE
APPLICATION REQUIREMENTS IN CHAPTER 1 OF THIS TITLE, .. THE LICENSEE SHALL ALSO COMPLY WITH THE SPECIAL
APPLICATION PROCEDURES IN PARAGRAPH A AND C .
E . SPECIAL LICENSE REQUIREMENTS · PEEP BOOTHS: IN
ADDITION TO THE GENERAL REQUIREMENTS CONTAINED IN
SECTIONS 5-6-6, AN ADULT ENTERTAINMENT ESTABLISHMENT
OFFERING PEEP BOOTHS UPON THE LICENSED PREMISES
SHALL COMPLY WITH ALL OF THE FOLLOWING SPECIAL
REQUIREMENTS:
l. THE DIAGRAM ACCOMPANYING AN APPLICATION FOR A
LICENSE SHALL SPECIFY THE LOCATION OF ONE OR
MORE MANAGER'S STATIONS .
2. IT IS THE DUTY OF THE LICENSEE TO ENSURE THAT AT
LEAST ONE EMPLOYEE IS ON DUTY AND SITUATED IN
EACH MANAGER'S STATION AT ALL TIMES THAT ANY
PATRON IS PRESENT INSIDE THE PREMISES.
3 . THE INTERIOR OF THE PREMISES SHALL BE CONFIGURED
IN SUCH A MANNER THAT THERE IS AN UNOBSTRUCTED
VIEW FROM A MANAGER'S STATION OF EVERY AREA OF
THE PREMISES TO WHICH ANY PATRON IS PERMITTED
ACCESS FOR ANY PURPOSE, EXCLUDING RESTROOMS.
RESTROOMS MAY NOT CONTAIN FILM OR VIDEO
REPRODUCTION EQUIPMENT OR EQUIPMENT FOR
SHOWING SLIDES OR PHOTOGRAPHS. IF THE PREMISES
HAS TWO (2) OR MORE MANAGER'S STATIONS, THEN THE
INTERIOR OF THE PREMISES SHALL BE CONFIGURED IN
SUCH A MANNER THAT THERE IS AN UNOBSTRUCTED
VIEW OF EACH AREA OF THE PREMISES TO WHICH ANY
PATRON IS PERMITTED ACCESS FOR ANY PURPOSE FROM
AT LEAST ONE OF THE MANAGER'S STATIONS. THE VIEW
REQUIRED IN THIS SUBSECTION MUST BE BY DIRECT
LINE OF SIGHT FROM THE MANAGER'S STATION.
4 . IT SHALL BE THE DUTY OF THE LICENSEE AND I • EMPLOYEES PRESENT ON THE PREMISES TO ENSURE
THAT THE VIEW AREA SPECIFIED IN THE PREVIOUS
PARAGRAPH REMAINS UNOBSTRUCTED BY ANY DOORS,
WALLS , MERCHANDISE , DISPLAY RACKS OR O'fflER
MATERI.u.<; AT ALL TIMES AND TO ENSURE THAT NO e
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PATRON IS PERMl'M'ED ACCESS TO ANY AREA OF THE
PREMISES WHICH HAS BEEN DESIGNATED IN THE
APPLICATION AS AN AREA TO WHICH PATRONS WILL NOT
BE PERMl'M'ED.
5. IT SHALL BE THE DUTY OF THE LICENSEE TO ENSURE
THAT ALL WALLS SHALL BE MAINTAINED WITHOUT
HOLES OR DAMAGE.
6. NO PEEP BOOTH MAY BE OCCUPIED BY MORE THAN ONE
PERSON AT ANY TIME.
$ection 2. The City Council of the City of Englewood, Colorado hereby amends
Title 7, Chapter 6E, Section 2, by enacting a new Paragraph 8, entitled Adult
Establishments, which shall read aa follows:
7-6E-2: ADULT ESTABLISHMENTS:
B. IT SHALL BE UNLAWFUL FOR AN ADULT ESTABLISHMENT AS
DEFINED IN TITLE 5, TO ADMIT OR TO PERMIT THE PRESE~CE
OF MINORS WITHIN AN ADULT ESTABLISHMENT.
Section 3. The City Council of the City of Englewood, Colorado hereby amends
Title 7, Chapter 6E, Section 4, by enacting a new Paragraph C, which
shall read aa follows:
7-6E-4-C: IT SHALL BE UNLAWFUL FOR ANY PERSON TO SELL, BARTER
OR GIVE, OR TO OFFER TO SELL, BARTER OR GIVE, TO ANY MINOR, ANY
SERVICE. MATERIAL. DEVICE OR THAT IS SOLD OR OFFERED FOR SALE BY
AN ADULT BOOKSTORE, ADULT MOTION PICTURE THEATER OR ADULT
DANCING ESTABLISHMENT OR OTHER ADULT ENTERTAINMENT FACILITY .
$ection 4. Licenae Fee : Licenae feea for thia Chapter ahall be determined and
set by City Council in accordance with ~1-8 ofthia Code.
$ection 5 . Licenaea required: It ahall be unlawful for any peraon to act u a
Direct Seller or Itinerant Vendor witho:1t &rat pl'OClll'inc a licenae. All proviaiona of
Chapter 1, of thia Title are applicable u well u thoN apecial proviaiona liated below .
$ection 6 . The Englewood City Council eatabliahed a temporary auapenaion or
moratorium of certain miacellaneoua buainna licenaea for a period of aix montha with
the paaaap of Ordinance No . 25, aeriea of 1996, e:a:tended the moratorium with the
paaaqe of Council Bill No . 11 , Seriea of 1997 and now removea the followins licenaea
from the moratorium :
Adult An:ade
Adult Bookatore
Adult Cabaret
Ad•< Dancinc Eatabliahment
Adult Entertainment Eatabliabment
Adult Motion Pictun Boot.h
Adult Mobon Pictun Theater
Peep Booth
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$ection 7. Safety Clauaea The City Council, hereby finda, determines, and
declares that this Ordinance is promulgated under the general police power of the
City of Englewood, that it is promulgat.ed for the health, ufety, and welfare of the
public, and that this Ordinance is nece8881')' for the preaervation of health and safety
and for the protection of public convenience and welfare. The City Council further
determines that the Ordinance bears a rational relation to the proper legialative
object sought to be obtained.
$ection 8. $everability U any cla118t!, aentence, paragraph, or part of this
Ordinance or the application thereof to any person or cin:umltancea ehall for any
"'uon be adjudged by a court of competent jurildiction invalid. auch judpaent ehall
not affect impair or invalidate the remainder of this Ordinance or ita application to
other persons or circumatances.
Sec;tion 9, Jnmreietcnt Qnlin11¥Zt All other Ordinances or portions thereof
inconsistent or conflic:tin& with this Ordinance or any portion hereof are hereby
repealed to the ext.eat of IUCh incomistency or conflict.
$ection 10. Effect of repyl II' modifiAtjgp The repeal or modilication of any
provision of the Code of the City of Enpwood by this Ordinance ahall not releue,
eniquish, alter, modify, or cbaap in whole or in part any pemky, bteiture, or
liability, either civil or criminal. which ahall have been incurred under auch proviaion,
and each provision ahall be treated and held u ltill remaininc in faroe liir the plll'pmN
of suataining any and all proper adiona, IUita, p~inp, and prwutiona liir the
enforcement of the penalty, fomitun, or liability, u well u b the PUIPC* ol
suatainiq any judgment, decree, or order which can or may be rendered. entered, or
made in such actions, suits, proceedinp, or prmec:utions.
$ection 11 . flneltt. The Penalty Provision ofE.M.C. Section l+l ehall apply to
each and every violation of this Ordinance.
Introduced, read in full. and p.-d on fin& readint OD the 17th day ol March, 1997 .
Published U a Bill a an Ordinance OD the IOth day olMarch, 1997.
Read by title and paaed OD &nal readiDc OD the 7th day ol April. 1997 .
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Publiabed by title 88 Ordinance No .~ Series of 1997, on the 10th day of April,
1997.
Tbomas J . Duma, Mayor
ATTEST :
Loucriahia A. Ellia. City Clerk
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I , Loucriahia A. Ellis, City Clerk of the City of Enpwoocl, Colorado, hereby certify
that the above and foreaoinl ii a true copy of the Ordinance pUNd OD final readiD(
and publiabed by title 88 Ordinance No .~ Serin of 1997.
Loucriabia A. Ellia
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ORDINANCE NO. _
SERIFS OF 1997
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BY AUTHORITY
COUNCIL BILL NO. 22
INTRODUCED BY COUNCIL
MEMBER WIGGINS
AN ORDINANCE AMENDING TITLE 15, BY BNAC'nNQ A NEW CHAPTBll 23,
ENTITLED PURCHASER OF VALUABLE ARTICLES AND AMENDING TITLE 7,
CHAPl'ER 6E, SECTION 4, BY THE ENACTMENT OF A NEW PARAGRAPH E,
OF THE ENGLEWOOD MUNICIPAL CODE 1985.
WHEREAS, with the pusage of this Ordinance the City's stafl' will be able to iaaue
purchaser of valuable articles licenses; and
WHEREAS; this new license requires an application be submitted to the Licensing
Officer as required by Title 5, Chapter l; and
WHEREAS, this license has special license requirements due to the nature of this
business; and
WHEREAS, a purchaser of valuable articles purchuee articles that could be lost or
stolen and the special requirements are needed to protect the public as well as the
license holder; and
WHEREAS, this license is not transferable because it is unique to the license
holder; and
WHEREAS, the requirement of a police background investigation is required to
eDBure only qualified applicants without a criminal background perform these
activities in the City of Englewood, this requirement alone makes the liceme unique
to the applicant and therefore not transferable; and
WHEREAS, this licenae has apecial liceue requirements that focua on obtaininc
proper identification of the seller, a detailed description of all the articlet1 aold, and
the cuatomer's declaration of ownenhip; and
WHEREAS, these requirements leuen the chance of the liceme bolder purcbuing
stolen or lost items; and
WHEREAS, this liceDBe requires the license holder to maintain and keep for three
years a detailed register and make the regi1ter available to any local law
enforcement agency; and
WHEREAS, the licenae holder must provide the local law enforcement qency with
copies of records on a weekly buia; and
WHEREAS , this licenae requires tranaaction fen be paid to cover the City'1 coat of
adminilterinc the proviaion1 of this liceDN; and
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WHEREAS, this license protects minors or persoD8 under the influence of drugs or
alcohol by not allowing the license holder to purchase valuable articles from them;
and
WHEREAS, this license does not allow the liceDBe holder to take any valuable
article on coDBignment to ensure that proviaioDB of this license are not
circumvented; and
WHEREAS, this licenae does not allow t.be liceme bolder to pun:hue any valuable
article where the identification number bu been tampered with to reduce the
incidence of a license holder pun:buing lltolm articles; and
WHEREAS, this licenae aUowa any police afflc:er to c:oafillcate any lltolen ar
illegally obtained property to emure the property ia not n!IOld or taken out alt.be City
of Englewood; and
WHEREAS, the City ahall inapect the premilN for compliance with all Building,
Housing and Zoning Codes to ensure the afety of large gatberinp of the public;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS :
Sectigp 1. The City Council al the City of Englewood, Colorado hereby amends Title
5, by enacting a new Chapter 23, entitled Pun:b.uw of Valuable Articles of the
Englewood Municipal Code 1985, which llhall read u follows:
SECTION:
5-23-1 : DEFINITIONS
5-23-2 : LICENSE REQUIJlED
5-23-3 : APPLICATION FOR LICENSE
5-23 -4 : SPECIAL LICENSE RBQUIRBIIBN'l'S
5-23-1: DEFINITIONS: FOR THE PURPOSE OF TIDS CHAPl'EB., THE
FOLLOWING TERMS, PHRASES, WORDS AND THEIR DERIVATIONS
SHALL HAVE THE MEANINGS GIVEN HEREIN.
PRECIOUS OR SEMIPRECIOUS
METALS OR STONES:
TIDS DEFINITION INCLUDES, BUT NOT
LIYITED TO GOLD, SILVER, PLATINUM,
PEWTER. ALEXANDRITE, DIAMONDS,
EMBBALDS, GARNETS, OPALS, RUBIES,
SAPPHlllES, AND TOPAZ. ALSO,
INCLUDED UNDO TIDS DEFINmON IS
IVORY. CORAL, PEAR.LS, JADE AND
OTIIIR SUCH IIINIRALS, STONES, OR
ODIS AS ARI CUSTOIIARILY llBGARDED
AS PRICIOUS OR SEIIIPRICIOUS.
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PRIVATE COLLECTOR:
PURCHASE:
PURCHASER:
SELLER:
VALUABLE ARTICLE:
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ANY PERSON WHO PURCHASES AN ITEM
FOR A PRICE GREATER THAN THE
MARKET PRICE OF THE ITEM'S
METALLIC OR STONE COMPOSITION,
WHO HAS AN INTEREST IN PRESERVING
THE ITEM IN ITS UNIQUE OR IUSTORICAL
FORM, AND WHOSE PRIMARY PURPOSE
IN PURCHASING IS NOT THE IMMEDIATE
RESALE OF THE ITEM.
GMNG MONEY TO ACQUIRE ANY
VALUABLE ARTICLE .
ANY PERSON HOLDING IUMSELF OUT TO
THE PUBLIC AS BEING ENGAGED IN THE
BUSINESS OF PURCHASING VALUABLE
ARTICLES, OR ANY PERSON WHO
PURCHASES FIVE (5) OR MORE VALUABLE
ARTICLES IN ANY TIURTY (30) DAY
PERIOD. A PURCHASER DOES NOT
INCLUDE A PERSON PURCHASING
VALUABLE ARTICLES FROM A RETAIL OR
WHOLESALE MERCHANT WHO DEALS IN
GOODS OF THAT KIND.
ANY PERSON OFFERING A VALUABLE
ARTICLE FOR MONEY TO ANY
PURCHASER.
ANY TANGIBLE PERSONAL PROPERTY
CONSISTING, IN WHOLE OR IN PART, OF
PRECIOUS OR SEMI-PRECIOUS METALS
OR STONES INCLUDING COLLECfOR
COINS.
5-18-ll: UCBNSB BBQUIBBD: IT SHALL BE UNLAWFUL FOR ANY PERSON
TO OFFER OR PURCHASE VALUABLE OBJECTS IN THE CITY OF
ENGLEWOOD WITHOUT nRST OBTAINING A LICENSE EXCEPT FOR THE
FOLLOWING CLASSES OF PERSONS:
A. PRIVATE COLLECfORS PURCHASING VALUABLE ITEMS FROM OTHER
PRIVATE COLLECfORS.
8 . BUSINESSES ENGAGED IN SELLING COLLECfORS ITEMS.
5-23-3: APPLICA110N FOB UCENBE: PURCHASER OF VALUABLE ARTICLES
LICENSES SHALL BE ISSUED IN ACCORDANCE WITH CHAPTER 1 OF TIUS
TITLE .
5-lll-'= 8PBCW. LICENBE IIBQIJlllll:IIB:
A. LICENSES ISSUED UNDER TIUS CHAPTER SHALL NOT BE
TRANSFERRED TO ANOTHER PERSON OR LOCATION .
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B. APPLICANTS WILL BE SUBJECT TO A POLICE BACKGROUND
INVESTIGATION AS PART OF THE APPLICATION.
C . A PURCHASER OF VALUABLE ARTICLES LICENSE HOLDER SHALL
KEEP A NUMERICAL REGISTER WHICH WILL INCLUDE THE
FOLLOWING INFORMATION:
1. THE NAME, ADDRESS, AND DATE OF BIRTH OF THE CUSTOMER;
2 . THE CUSTOMER'S DRIVER'S LICENSE NUMBER OR OTHER
IDENTIFICATION NUMBER FROM ANY OTHER FORM OF
IDENTIFICATION WHICH IS ALLOWED FOR SALE OF VALUABLE
ARTICLES PURSUANT TO SECTION 18-16-103 C.R.S .,
3 . THE DATE, TIME AND PLACE OF THE PURCHASE, AND AN
ACCURATE AND DETAILED ACCOUNT AND DESCRIPl'ION OF
EACH VALUABLE ARTICLE, INCLUDING, BUT NOT LIMITED TO,
ANY IDENTIFICATION NUMBER, SERIAL NUMBER, MATERIAL
TYPE, MINT DATE, DENOMINATION, OR OTHER IDENTIFYING
MARKS ON SUCH PROPERTY.
4. THE LICENSE HOLDER SHALL ALSO OBTAIN A WRITTEN
DECLARATION OF THE CUSTOMER'S OWNERSffiP WHICH
SHALL STATE THAT EACH VALUABLE ARTICLE IS TOTALLY
OWNED BY THE CUSTOMER, OR SHALL HAVE ATTACHED TO
SUCH DECLARATION A POWER OF SALE FROM THE PARTIAL
OWNER TO THE CUSTOMER, HOW LONG THE CUSTOMER HAS
OWNED EACH PIECE OF PROPERTY, WHETHER THE CUSTOMER
OR SOMEONE ELSE FOUND THE PROPERTY, AND IF THE
PROPERTY WAS FOUND, THE DETAILS OF THE FINDING.
D . IF THE PURCHASE INVOLVES MORE THAN ONE ITEM, EACH ITEM
SHALL BE RECORDED ON THE LICENSE HOLDER'S REGISTER AND ON
THE CUSTOMER'S DECLARATION OF OWNERSHIP.
E . THE CUSTOMER SHALL SIGN ms OR HER NAME IN SUCH REGISTER
AND ON THE DECLARATION OF OWNERSHIP AND RECEIVE A COPY
OF THE CONTRACT OF PURCHASE OR A RECEIPT FOR THE PURCHASE
TRANSACTION .
F . THE CUSTOMER SHALL AFFIX A RIGHT INDEX FINGERPRINT TO THE
DECLARATION OF OWNERSHIP.
G . SUCH REGISTER SHALL BE MADE AVAILABLE TO ANY LOCAL LAW
ENFORCEMENT AGENCY FOR INSPECTION AT ANY REASONABLE
TIME .
H . THE PURCHASER OF VALUABLE ARTICLES SHALL KEEP EACH
REGISTER FOR AT LEAST THREE (3) YEARS AFTER THE DATE OF THE
LAST TRANSACTION ENTERED IN THE REGISTER.
I . A PURCHASER OF VALUABLE ARTICLES LICENSE HOLDER SHALL
HOLD ALL PROPERTY PURCHASED BY HIii OR HER FOR THIRTY (30)
DAYS FOLLOWING THE DATE OF PURCHASE , DURING WHICH TIME
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SUCH PROPERTY SHALL BE HELD SEPARATE AND APART FROM ANY
OTHER TANGIBLE PERSONAL PROPERTY, AND SHALL NOT BE
CHANGED IN FORM OR ALTERED IN ANY WAY.
J . EVERY PURCHASER OF VALUABLE ARTICLES UCENSE HOLDER
SHALL PROVIDE THE LOCAL LAW ENFORCEMENT AGENCY, ON A
WEEKLY BASIS, WITH TWO (2) COPIES OF THE RECORDS, ON A FORM
TO BE PROVIDED OR APPROVED BY THE LOCAL LAW ENFORCEMENT
AGENCY, OF ALL VALUABLE ARTICLES PURCHASED DURING THE
PRECEDING WEEK AND ONE COPY OF THE CUSTOMER'S
DECLARATION OF OWNERSHIP. THE FORM SHALL CONTAIN THE
SAME INFORMATION REQUIRED TO BE RECORDED IN THE UCENSE ..
HOLDER'S REGISTER PURSUANT TO SUBSECTION A OF THIS
SECTION. THE LOCAL LAW ENFORCEMENT AGENCY SHALL
DESIGNATE THE DAY OF THE WEEK ON WHICH THE RECORDS AND
DECLARATIONS SHALL BE SUBMITTED.
K EVERY PURCHASER OF VALUABLE ARTICLES UCENSE HOLDER
SHALL PAY TO THE CITY A FEE FOR EVERY TRANSACTION FORM.
THIS FEE SHALL BE DETERMINED BY THE CITY AND SET BY
RESOLUTION.
L . EVERY PURCHASER OF VALUABLE ARTICLES UCENSE HOLDER
SHALL, AT HIS/HER EXPENSE, KEEP RECORDS OR PROVIDE REPORTS
IN SUCH MANNER AND BY SUCH METHODS AS MAY BE DETERMINED
FROM TIME TO TIME BY THE DEPARTMENT OF SAFETY SERVICES OR
THE UCENSING OFFICER.
M . NO PURCHASER OF VALUABLE ARTICLES UCENSE HOLDER,
EMPLOYEE, OR AGENT OF THE PURCHASER OF VALUABLE ARTICLES
LICENSE HOLDER SHALL PURCHASE ANY VALUABLE ARTICLE FROM
ANY PERSON UNDER THE AGE OF EIGHTEEN (18) YEARS OR FROM
ANY PERSON UNDER THE INFLUENCE OF ALCOHOUC BEVERAGE OR
DRUGS.
N . NO PURCHASER OF VALUABLE ARTICLES UCENSE HOLDER,
EMPLOYEE, OR AGENT OF THE PURCHASER OF VALUABLE ARTICLES
LICENSE HOLDER SHALL PURCHASE ANY VALUABLE ARTICLE FROM
ANY PERSON KNOWN TO BE A THIEF OR TO HAVE BEEN CONVICTED
OF LARCENY OR BURGLARY, WITHOUT FIRST NOTIFYING THE
DEPARTMENT OF SAFETY SERVICES. SUCH NOTICE SHALL NOT BE
DEEMED AS AUTHORIZATION BY THE CITY FOR THE PURCHASER OF
VALUABLE ARTICLES TO MAKE A PURCHASE FROM SUCH PERSON.
0 . NO PURCHASER OF VALUABLE ARTICLES UCENSE HOLDER SHALL
TAKE ANY VALUABLE ARTICLE FROM A CUSTOMER ON
CONSIGNMENT. .,
P . NO PURCHASER OF VALUABLE ARTICLES UCENSE HOLDER, I • EMPLOYEE OR AGENT OF A PURCHASER OF VALUABLE ARTICLES
LICENSE HOLDER SHALL PURCHASE ANY VALUABLE ARTICLE
WHEREIN THE IDENTIFICATION NUMBER, SERIAL NUIIBER, MODEL
NUMBER, BRAND NAME, OWNER'S IDENTIFICATION NUMBER OR
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OTHER IDENTIFYING MARKS ON SUCH PROPERTY HAVE BEEN
TOTALLY OR PARTIALLY OBSCURED.
Q . ANY POLICE OFFICER MAY ORDER A PURCHASER OF VALUABLE
ARTICLES LICENSE HOLDER TO HOLD ANY VALUABLE ARTICLE FOR
PURPOSES OF FURTHER INVESTIGATION. A HOLD ORDER SHALL BE
EFFECTIVE UPON VERBAL NOTIFICATION TO THE PURCHASER OF
VALUABLE ARTICLES LICENSE HOLDER BY ANY POLICE
DEPARTMENT. NO SALE OR OTHER IMPOSfflON MAY BE MADE OF
SUCH PROPERTY HELD BY ANY PURCHASER OF VALUABLE ARTICLES
WHILE THE HOLD ORDER REMAINS OUTSTANDING. A HOLD ORDER
SHALL SUPERSEDE ALL OTHER PROVISIONS OF THIS SECl'ION, AND
ANY SALE OR OTHER DISPOSfflON OF THE PROPERTY AFTER THE
PURCHASER OF VALUABLE ARTICLES HAS BEEN NOTIFIED BY THE
DEPARTMENT OF SAFETY SERVICES OF A HOLD ORDER SHALL BE
UNLAWFUL AND A VIOLATION OF THIS SECl'ION.
R . IF ANY POLICE OFFICER DETERMINES THAT ANY VALUABLE
ARTICLE HELD BY A LICENSE HOLDER IS STOLEN OR ILLEGALLY
OBTAINED PROPERTY, SUCH OFFICER MAY IMMEDIATELY
CONFISCATE SUCH PROPERTY AND MUST PROVIDE THE PURCHASER
OF VALUABLE ARTICLES LICENSE HOLDER WITH A RECEIPT AND
CASE REPORT NUMBER.
S . A LICENSE HOLDER WHO PURCHASES ANY VALUABLE ARTICLE
FROM A CUSTOMER WHO IS NOT THE OWNER THEREOF OBTAINS NO
TITLE TO THE ARTICLE. IGNORANCE OF THE FACT THAT THE
ARTICLE WAS LOST OR STOLEN SHALL NOT BE CONSTRUED TO HAVE
ANY EFFECT ON OF THE TITLE. IF THE PURCHASER OF VALUABLE
ARTICLES LICENSE HOLDER SHALL SELL SUCH ARTICLE TO A THIRD
PERSON, THE LICENSE HOLDER SHALL RECOVER THE ARTICLE OR
REIMBURSE THE FAIR MARKET VALUE OF THE All'nCLE. THE
LAWFUL OWNER MAY, UPON PROOF OF IDS OR HER OWNERSHIP OF
THE ARTICLE LOST OR STOLEN, CLAIM THE SAKE FROM THE
LICENSE HOLDER OR RECOVER THE SAKE BY THE APPROPRIATE
LEGAL MEAN.
S@digp 2 . The Enclewoocl City Council hereby ammdl Title 7, Chapter 6E, Section
4, by enactmc a new Paragraph E, which llhall read as foUows :
7~E-4: E . NO PURCHASER OF VALUABLE All'nCLES LICENSE HOLDER,
EMPLOYEE, OR AGENT OF THE PURCHASER OF VALUABLE
ARTICLES LICENSE HOLDER SHALL PURCHASE ANY
VALUABLE ARTICLE FROM ANY PERSON UNDER THE AGE OF
EIGHTEEN (18) YEARS .
S@dign 3 Safety CJ1v111 The City Council, benby ftnda, determin•, and
declares dllt thia Ordinance ia promulptecl WIMI' die a-ra) police paws al the
City of En,lewood, dllt it ia promulpt.ed far tbe bNlth, aaflty, and welfare al the
public, and dllt thia Ordinance ia ..-ry far tbe ~ al bNltb and
aafety and for tbe protec:ticJD al public conveni-and welfare . The City Council
further determin• dllt tbe Ordinance bean a rational relatian ID the proper
le,ialative object aou,bt to be abwned.
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Section 4 Severabiljty If any clauae, sentence, paragraph, or part of this
Ordinance or the application thereof 1D any pel'IIOn or circumatances ahall for any
reBBon be adjudged by a court of competent juriadiction invalid, such judgment
shall not affect impair or invalidate the remainder of this Ordinance or its
application to other pel'IIODB or cin:umatancea.
Section 5 1DCODeiseot Ordjpanc;ee All other Ordinances or portions thereof
inconaiatent or conflicting with this Ordinance or any portion hereof are hereby
repealed to the extent of such inconBiatency or conflict.
Sectjgp 6 Effect g{ RIIO:li gr modjficatjon The repeal or modification of any
proviaiOD of the Code aC the City rA Englewood by this Ordinance ahall not release,
utinguiah, alter, modify, or change in whole er in part any penalty, forfeiture, or
liability, either civil er criminal, which Bhall have hNll incurred under such
provision, and each provision shall be treated and held u still remaining in force
for the purpoeea of sustaining any and all proper actions, suits, proceedinp, and
proaecutiona for the enforcement of the penalty, forfeiture, or liability, BB well BB for
the purpoll8 of sustaining any judgment, decree, or order which can or may be
rendered, entered, or made in such actions, suits, proceedings, or prosecutions.
Section 7. fe.n.alty. The Penalty Provision of E .M.C . Section 1-4-1 ahall apply to
each and every violation of this Ordinance.
Introduced, read in full, and paued on fint reading on the 17th day of March, 1997.
Published BB a Bill for an Ordinance on the 20th day of March, 1997.
Read by title and paued on final readm, on the 7th day of April, 1997.
Published by title aa Ordinance No._ Seriea aC 1997, on the 10th day rA April,
1997.
Thomaa J . Burm, Mayor
ATTEST :
Loucriahia A. Ellia, City Clerk
I , Loucriahia A. Ellia , City Clerk of the City of En,1-ood. Colorado, hereby
certify that the above and foreaoinc ia a true copy aC the Ordinance paaaed on ftnal
reading and published by title aa Ordinance No . _, Series of 1997.
Loacriabia A. Ellia
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oaDINANCB NO. _
SERIES OF 1997
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BY AUTHORITY
COUNCIL BILL NO. 25
INTRODUCED BY COUNCIL
MEMBER WIGGINS
AM OBDINANCB AlJTIIOBJZING AN INTBBOOVBDIDNTAL AOBBIDIBNT
PERTAINING TO THE ENTERPRISE ZONE MARKETING CONTRACT,
BETWEEN THE COLORADO DEPARTMENT OF LOCAL AFFAIRS, ECONOMIC
DEVELOPMENT COMMISSION ("E.D.C.") AND THE CITY OF ENGLEWOOD.
WHEREAS, the City of Engl-oocl applied to the Colorado Department of Local
Affain and wu granted Enterpriae Zone statua for a iu,jority of the induatrially
zoned property and aome retail property in 1990; and
WHEREAS, the Department of Local Aft'ain hu a competitive grant-in program
for Enterprille Zone marketing and administrative 1111pport; and
WHEREAS, the City hu applied for and received tlm grant for two years; and
WHEREAS, such Grant requirea a 1~ local match; and
WHEREAS, the 1996 Entmpriae Zane Gnnt totaled $'7,000 wbicb helped c6et the
coat of the Community ProfiJes; and
WHEREAS, tbe 1997 Entapriae 7.ane Gnnt alao totaJa $7,000 alwbicb *6,250 will ID
towards Buainaa Betation; oriented "Enrl-oocl" promotional ada in the l>enYW
8--Jomnal and other metro area publicationa; with an additiaD Sl,750 applied
t.o aclminiltratmi/derical related upenw uaoc:iated with the &a.,... 7-
Adminiatration;
NOW, THEllEFORE, BE IT ORDAINED BY THE CITY COUNCll. OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Sec;tiqp 1. Tbe Int.erpemmental A,reement between tbe Colorado Deparlamt al
Local Affairs, Ecmcmic Development Commiwon and the City al Enpewood,
attacbed hereto u "Edubit A,• ia hereby accepted and approved by the Enpewood City
Council.
Introduced, read in full, and paued on &nt reading on the 17th day of March, 1997.
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Published as a Bill for an Ordinance OD the 20th day of March, 1997.
Read by title and puaecl OD final reamn, OD the 7th day of April, 1997.
Publiabecl by title as Ordmance No. _, Seriea m 1997, OD the 10th day m April,
1997.
'l'bomu J. Burm, Ma:,ar
ATTEST:
Louc:riahia A. Ellia, City Clerk
I, Loucrishia A. Ellia, City Clerk of the City of Englewood, Colorado, hereby
certify that the above and forepinc ia a true copy of the Ordinance puaecl OD final
reading and published by title as Ordinance No._, Seriee of 1997.
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EDC~
NM
CONTRACT
THIS Contract. made this __ day of __ 19~ by and between the State of Colorado for the
use and benefit of the Department of Local Affairs . Economic Development Commission ("E.D.C ."), 1313
Sherman Street. Denver. Colorado 80203. here1nafler referred to as the State. and Cjty of Englftpqd 3400
So Elatj St Englewood co ao110 hereinafter referred to as the Contractor.
WHEREAS, authority exists in tne Law and Funds have been budgeted. appropriated and othl!!Wise
made available and a sufficient unencumbered balance thereof remains available for payment in Fund No.
~ Approp. Code ..J..1§.. Org. Unit ..e& GBL , Contract Encumb. No. E7EDC321 ; and
WHEREAS , required approval. clearance and coordination has been accomplished from and with
appropriate agencies ; and .
WHEREAS , the State desires to promote economic development in Colorado by assisting local
communities in expanding their economic base : and
WHEREAS , pursuant to 2446-101 ID 105. C.R.S . 1987 , the Colorado Economic Development Fund
is created. and is to be administered by the Department of Local Affairs; and
WHEREAS , applications for dis:ributions from the Colorado Economic Development Fund have been
received by the Economic Development CommlSSIOll : and
WHEREAS . the Economic Development Commission has reviewed and recommended to the
Govemor that the project described in tnlS contrac: be financed w11t1 a granr. and
WHEREAS , the Governor has authorized expenditure of money from the Economic Development
Fund to finance the project described in this conttact and
WHEREAS , the Contraacr is an eligible IIICipient of Colorado Economic Development funds ;
NOW THEREFORE it is henloy agreed that
,. Acea Covered . The Contractor shall perform and ac:compash an the necessary wo11t and
services provided under this Contract. as descnbed in the attached Exnibil A. which is incorporated herein
and made part of this Contract by reference . in connectJOn with and resoeong the following area or areas :
Arapahoe county
2. Scope of Services . In conS1dera110n for the monies ID be received from the State. the
Contractcr shall do, perform. and cany out. in a sallSfactcly and proper manner. as deWmlned by the State .
all work elements as indicated in the "Scope of Services·. set forth in the Attached Exhibit A. hereinaftar
referred to as the "Pro,ec:" Work performed pnor to the execution of this Contract shall not be considered
part of this Pro,ect.
3 . Rapons1ble Agm,nis;rator The perlormance of the services required hereunder shall be
undar the direct superv1s10n of Aa Sc1be1h an empleyN or agent of Contractor. who is hereby designalad
• lhl admnstratcr-111 -ctiarge of this Pro~. At any ~me the adm1mstrator-<n~arge IS not assigned to this
Proiect. all work snall be suspenaeo :.int1I the Contractor assigns a mutually acceptable 1'9P1Kement
aam,nistrator-,n-cnarge and uie State rece,-es ,c11 ~:a110n of sucn replacement assignment
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4 . Time of Performance Th ,s Contract shall :ec:ime etfec:ive uoan proper execuuan of this
Contract The Project contemplated nere1n snail commence as soon as pracncacle after the execuoan at tt11 s
Contract and shall be undertaken and performed 1n the sequence set forth in the "Time of Performance" in
the attached Exhibit A. No Economic Development Commission Funds provided under this contrac: wrll be
expended prior to the full execution of thJS contract The Contrac:or agrees that time 1s of the essence in the
performance of its obligaoons under this Contract. and that completion of the ProJect shall occur no later than
the termination date set forth 1n the "Time of Performance."
5. Compensation and Method of Payment. The State agrees to pay to the Cantrac:or. in
consideration tar the work and services to be performed . a total amount not ta exceed Si;-/EN THOUSAND
ANQ N0/100 DOLLARS IS7 000). The m1m1ad and time of payment snall be made in ac::ordance ·N1th tile
"Payment Schedule" set forth 1n Exh1b1t A
6 . Ac;;oynnog . At all nmes from the effecnve date of !hrs Contrac: until completion of this
Proiect the Contractor shall maintam properly segregated books of State funds. matching tunas. and other
funds associated with thJS Project. AU receipts and expenditunes aSSOCJated wrth said ProJect shall be
documented in a detailed and si,ecific manner. and shall ac::ord with the "Budget" set forth in Exhibit A.
Contractor may adjust budgeted expenditure amounts up to ten percent (10%) within said Budget without
approval of the State. Adjustments of budget expenditure amcunts 1n excess of ten percent ( 1 Oo/o) must be
authorized by the State in an amendment to thrs Contrac: procerty executed and approved pursuant to the
State F"iscal Rules . In no event shall the State·s total cons1oerat1on exceed the amount sncwn 1n ;,;rac;racn
5 above .
a. Unless otherwise prov,oed 1n tt11s Contract. ,i Exn1c1t A prov1oes iar more tnan one :iayment
by the State. the inrhal payment set forth 1n ;he Payment Sc!'le~ule snail t:e mace as soon
as prac:icable after proper execubon of !hrs Contract. The Contrac:or snail initiate all
subsequent payment requests by submitting documented proof of proper expenciture at
State funds thus far received to a contract monitcr designated by the State.
b . The Contractor shall request the fillil payment. which is the amount withheld by the State
until the Project is complete. for the Project by submitting to the contract monrtor a detailed
cost acccunting of al State funds received and expended towards completion of the Project.
Upon determ,nu,g to ,ts satisfadion that all funds received by the Contrac:or have been
property scent towards accomplishmem of the Project the State snail prcmptty make final
payment to the Contractor.
c . Within ninety (90) days of compietlon at the Pro,ect. the Contrac:cr snarl subrr.rt to the
contrac: monitor a detailed cost accountrng of expenctitunes of the final ;>ayment recarved
from the State. Any Stale funds not expended 1n connec:non wrth the Proiec: shall be
remitted to the State at that llme.
7. Aygtt. The State or its autnonzed represenlative shall have the nght to 1nspec:. examl'le . and
audit Contracto(s records . books and accounts . including the nght to hrre an 1naependent Cernfied Public
Accountant of the State's choosing and at the State's expense to do so . Such d1sc:-etionary audit may be
called fer at any tJme ana !o r any reason from tne effec:1ve date of tnrs Conrrac: untrl fi ve (S l years after tile
date ftnal payment fer thrs Pro1ec: 1s rece,ved by the C.Jntrac::r provided that :ne 3ucit s oe~crm~ at a time
convenient to the Contrac:or and dunng regular business 'iours \Nhe!11er or n ot the State calls for a
drsctetionaty audit as prov,oeo ta r 1n tn1s paragraph ,f tne ProJ8C! 1s accomphsneo w1th1n a single fiscal year
of the Contractor. the Conrrac:or snail at :ne conc1us1cn of me Prciec:. and 1n aaa1t1cn re any otner recorts
required. submit a raport and audrto(s statement of the Pro,ect ac::ount to the E:onomc Development
Corm1luaon III the Oepanment of Local Aflair1. S4'C!1 report shall be ~ in con,unc:ion With ~ s
regular yearly audit. and must be submitted Within SIX (15) mcnth1 aftal' the dole ct the !hen CUff9nt
Contractor's llscal year.
Pave 2 of 7 Pages
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8. P•rsonnet . The Conrrac:or representS that he has. or will sec:.ire at his own expense. unless
I otlle!Wlse stated in Exhibit A. all personnel . as employees of the Contrac-.cr, necessary to perform the wcr1c
and seN1ces required to be performed by the Contractor under this Contract Sue:, personnel may not be
employees of or have any contrac:ual relauonsmc with the State and no such personnel are eligible for any
employee benefits . unemployment comcensaucn or any omer benefits ac:orcea to state employees and
Contrac:or agrees to indemnify the stare fer any costs for ·Nntc!i the state mav be found liable ,n these
regarcs . Contrac:or shall pay when oue all r~uireo emplcymenr taxes anc ,nc::'~e tax withholding . All of
the services required nereunoer .v,11 :e ;:e,'crmec by the Contrac:or or uncer ms supervision . and all
personnel engaged 1n the worK sna11 ce :u11y cuailfil!(j anc snail be aumonz~ unoer State and local law to
perform such services .
9. Wor1cmeo·s Comcensagon Cgyc@Ce . The C.:intrac:or is responSlble fer providing wor1cmen ·s
Compensauon Coverage and Unemployment G.lmpensanon Coverage for all of its emp1oyees to the extent
required by law, and for pnov1ding sue:, c:JVe!'a!ie fer :nemsetves . and for providing such coverage or requinng
its sut:c:nuac:ors to pnovide sue:, coverage fer me subcontrae:or's employees . In no case ,s the State
responsible fer providing Wor1(men ·s Comcensaoon Coverage fer any employees or suocontrac:ors of
Contrac:cr pursuant to this Agreement.
10 . Tem11nat1cn or C.:n trac; 'er r;;nve!',e!'c;: ;t =:tr.er ~31JY Either :he s:ate :r :he Contrac:or may
termma:e :n1s Contrac: at any nme tl'l e ;:any cr.emun es that :he purpose of :he C:r.trac: wcu lc no longer :e
servea by c:mplenon of the Pro1ec:. The :any desinng to terminate the Contrac: snail effec: suc!i terminanon
by gMng wntten notice of tenm1nancn to the other pany and scec:fying the effec:ive aate t11r.eot , at !east thirty
(30) aays pnor thereto . In that event. arl finisneo er unfinisnea documents and other matenals shall . at the
option ot the State . become its property . C..ntrac:cr shall repay funds advanced and not expenoea in
ac::)l'dance with the terms of this ccmrac:. C.:innc::lr shall net be relieved ot any ocliganons to repay funds
adVanced as a loan, notwithstanding any tlfflllnation of the contract for convenience.
, , . Tem,inatjon of Conqac;: 'Qr Cause· i:ie;;aym,:ot of Agyang:g F.ngs
a. If. througn any cause. the ContraC".cr shail fall to fulffll 1n a t1me!y and proper manner its
obligations under this Contrac:. er ,f the Contrac:cr snail ·11olate any of the c:venants. agreements. or
sttpulaticns ct this ContrJC:. me State sha11 ~ereo.:ccn have :he ngnt to terminate :h is Contrac: for cause by
gtving wntten nonce to tile Conuac:cr Jt sue:: :erm,naocn ano specifying tl'le etfe-.:-Jve aate mereof. at least
!Ive (~) days l:efere the etrec:ive date of sue, terminatlOll. In that event. all firusnr. er un11nisned docu mems .
data. stucies. surveys . drawmgs . macs. moaeis. ~s. meaia comrac:s ano :-ecorts or other matel'iaJ
prepared by the Cootrac:cr under tt1ls Connc: snail . • the ocoon of the Slam . bec:me its property ; and the
Comrac:cr shall be entitled to receive Just anc ICUltacle ccmoensation for any sanstac:ory wcr1c ccmpieled
on such documents and other matenals .
b. Notwrthstano1ng trie acove . the Ccntrac:er snall not be re!ieo,ed of :iacdity to tl'le State for any
damages sustained by the State by v,r.ue of any creac:i of the Contrac: cy :tie C:ntrac:cr. and the State may
withheld any payment to the Contrac:cr !er :he ;urcose of se!ctf unnl sue:, time u the exac: amount ct
damages oue to the State from the Ccntrac:cr ·s ce!emunr..
c. If funds have ::een aovanc~ :o tr.e Contrac:or . Contrac:or sna il ;epay suc!i runes :o the
extent :hey are not expendeo 1n ac:oroance with the terms oi this contrac: at me :,me of tenm,nanon
12 . CJlaogn . The State may . frcm nme :c ome . reoun changes 1n the sc::pe cf services of the Contract
tc be performed hereunder. However. this C.::ntrac: 11 1ntenaed as the complete iniegraaon of all
underr.anaings betWNn the par!les at :n11 mr.e . ano no cnor or comamparaneous acdibon . deletion , or other
amendment her91c . including any increase or :ec:uu 1n the amount of l"l'IQnlN :c t:e pad to the Conuac:or.
shall have any fcrce or effac: wnatsoever unlffs tmcoaied in a wnttan comrac:: amendment ,ncorporaang
such Chan~es exec-Jted and aoorovea ~ursuant :c me State's Fiscal Rules . No!Wlthstanding th11 proYIIIOII.
chqfl ,n the ame of performance may ::e ~:~ :o cy letter ,t so prcvic:ec fer n :xh1c1t A. ana contrac:Q(
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may make adjustments of less than 10 percent 1n budget line items as provided for in section 6 of this
Contract.
13. ~-At least two (21 c:001es ot all repor1s prepared as a result of the Pro1ect will be submitted
to the Economic Development Commission ,n tne Department of Loc:at Affairs w1tnin two (2) weeks of
completion of such reports.
14. conffict ot lowest.
a. No employee of the Contractor shall perfonn or provide part-time ser.,ices for compensaoon.
monetary or otherwise. to a consultant or consultant finn that has been retained by the
Contractor under the authonty of this Contract
b . The Contractor agrees that no person at any bme exerosing any function or responsibility.
in connection with the elements of this proiec: that are financed With State funds . on benalf
of the Contractor shad have or acquire any peBOnal financial or economic interest. direc:: or
indirect, which will be matenally affec:ed by this Contrae:. except to the extent tnat he may
receive compensabOn for his perfonnance pursuant to tnis Contra<::.
c. A personal financ::al or economic interest includes. but is not limited to:
i. any business entity in which the person has a direct or indirect monetary interest
ii. any real property in which the person has a direct or indirect monetary interest:
iii . any source of income. loans. or gifts recerved by or promised to the person Within
twelve (12) months pnor to the execuaon aate of this Contract:
iv. any business entity 1n wnicn the person 1s a dtntetor. officer. general or limited
partner. trustee. employee. or holds any position of management
For purposes of this subffdion, indirect investtnent or intentst muns a,iy investment or
interest owned by the spouse, parent. brother. sistllr, son . daughter, father-in-law.
mo1her-in-l-. brother-in-law. lilllr-iMaw, son-in-law . or daugl'l1ar-in-law of the person by
an agent on h1S1her tienalf. by I general. limad. or silent partner of the person, by arry
business entity canaolled by laid person, or by a ll'USl in which lla'lhe Ila substantial
in18n!St. A business entity II canlroflld by a parson rf !hat person. hlSlher agent. or a rellllve
as defined above poueues more than fifty percent {!50%) of the ownership interest Said
person has a sucstanllal eccnomac: interest 1n a trust when the person or an above-defined
relative has a present or future interest wor,t, more than One Thousand Dollars (S1 .000 .00).
d . In the event a conflict of interest. as descnbed 1n thtS Paragraph 14, cannot be avoided
without frustrabng the purposes of thtS Contract. ine person involved in such a conflict of
interest shall submrt to the Contrador and the State a full disdcsure statement setting forth
the details of suc::i conflict of interest. In cases of extreme and unacceptable conflic:s of
interest. as detenn1ned by the State. the State reserves the nght to terminate the Contract
for cause. as provided 1n Paragraph 11 above. Failure ID Ille a disclosure statement reqund
by thtS Paragracn 14 snau c:onstttute grounds for termnation of this Contract for cause by the
State.
15 . Compync, wnn AQPIRPlt Lam At aJI ttmes dunng me perlcrmance of mas Contract. the ContradDr
shall sll'ictly adhere ID all applic:3cle f ederal and State laws that have ceen or may heraaf'ter be established .
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16. Subc;mtrac;s . Copies of any and all subc:inu-oe:s entered ,nto by the Contrac:or to accomplish this
Project will be submitted to the Depanment of Local Affairs upon execution. Any and all contracts entered
in1c by the Contractor shall comply with au applicable faceral and Colorado Slate laws and shall be governed
by the laws at the State of Colorado notwithstanding provisions therein to the contrary .
17. Seve@bjijty . To the extent that this Contrac: may be executed and performance of the obligallons
of the pa1t1e5 may be accomplished Within the intent of the Contract. the terms of this Contrac: a re severable .
and should any term or provision hereOf be declared ,nvalid or become inoperative for any reason . sueh
invalidity or failure shall not affect the validity of any 01her term or provision hereof. The waiver of an y breac:,
of a term hereof shall not be construed as waiver of any other term.
18 . Bjngjng on SuccnSQ[J . Except as herein otherwise provided . this agreement shall ,nure to the
benefit of and be binding upon the pal1M!S . or any subc::ntractors hereto. and thetr respective successors and
assigns.
19. Agqam,nt. Neither party . nor arry sutx:cmrac:crs hereto. may assign its rights or duties under th is
Contract without the prior wntten cansent at the other party .
20 . Ljmjtatjgn tg Partjcµiar Fungs . The parties hera!O expressly recognize that the Contrac!or 1s to be
paid. re1moursed. or otherwise compensated with funcs provided to the State for the purpose of contrac:mg
for the services provided for herein. and therefcre. the i:.:ntrac:or expressly understands and agrees that all
its rights . demands and claims to compensa11cn ans;ng under this Contract are contingent upon receipt of
such funds by the State. In the event that sue:, tunes er any part thereof are not rece1vec by the State. the
State may immediately terminate this Conuac:.
21 . Mjngrity Busjness EnJICPdH Penrio5ioa It is the policy at the Slate of Colorado that minority
business en~ shall have the maximum praclicatle opponunity ID par1icipalll in the performance of its
cons1rUCticn grant comracts. The ConaadlDr agr'NI ID use its best elb1s to carry out this policy ID the fullest
extent prac:licable and consistent will\ tne efflciant penom,a,c:e ot this Conlract. As 11111d in this Contract the
term "minority business enterprile" ,_.,. a business. at least 50 percent (50%) at which is owned by
minority group members or. in the cau ot publicly owned busirmNS. at least 51 percent (51 %) of the stock
at wttleh is owned by minority group members . For the purposes at this definition. minority group members
are Negroes or Black Amencana. Spanilh-spealan Americans. Asian Americans. American Indians .
American Eskimos and American Aleuts . The Comrac:ar may l'llly on written ref)resentations by bidders.
contractors. and subcontractors regarding their stan;S II minority enterprises and need not condu an
indei)endent invesugabOn.
22. Pl«Jin' Beteri:mbio . ElllCIISlt with ~ ID its fiduciary obligations ID the State set forth in Exhibit
A. the Contraaor shall not be clNmed an employee or agent of ltle State. No agent or employee of
Contractor snaH be or shaH be dNmed to be an empoyee or agent at the Stata . other than fer purposes of
compliance with the fiduciary OtlligabOns to ltle Slate 1n Exhibit A. Conlradar will be solely and entirely
responsible for its ac:s and the acts of its agents . ~IDYNS and subconnctors dunng !he performance of
this contract.
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SPECL.\.l. PROVISIONS
CO'.\'TROL!.£R'S A.Pl'ROVAL
I. This-= snal ___ .., -1 iualil haft..,_.~ a. C-llor oftlle Sea ofeo-orsudl-a he 1111!' ...,__ This"""'°"
ifWic=Doc :0 9!' -1-V"'I Ille ;,,ri,fflllllOi-· i,,-a,e S-.
:. Fiunc:~ aoli~10"' or me Sc:r: ut C1>t0f':IIU' cg,:lllh: .:rte: :nc .::l'fT:1: fi.,... ~t;# :m: ....,nunpnr i.ar•un nanw. ,;,,, mm :,un,us.: nctn1 .&OPr0"'1ared. ~ -""'""'IIC =ac "'"211:mc.
IO~D R£Qt:IR£:',1£:,IT
;. If lllis :anir:c im,oi..., tllc ~ of -:Ila lift), -411111s !Gr a. -=-. w "!IS, m•insenrcc or ~ of ""Y buildinc,
-. briap. ,....,_ umct. ~ or Ollllr pulic -:ilr =a Sia. :Ill -mm!. llllill9....,. 11!11111 aa ;,or=-of-. -wail ;.i..
ii din -. Qlliy CUCIIII ad oeiiwr IO Ille 5-offlaa -will 11P la-. a plOd ai lldllc,m llaa,I or Ollllr ....... ~ ID Ila ....,.. :,Y
•adlc:a••pmel-nacial __ ..,,.,oi1a--~il'•-ot1m-. S..IIOMlllltllbaclllil'.......Sll!'•lllllilftell..._~
maiilianlli --~ ombnrm of1111-= a1 • .._, lilll _.. • iflllt =--ar 11111 · ms lilil III alliy ~ lbr -.1aar. -=s.
111a1 11ft. JIIIIIIIIIII:. :,n,¥1S10ftL ;nw:n,aar-a, aam' SlillllllNII .. ar ..... ~ IIICi: wai:a-011111 11 1 rm ia DllnDIIIIWI oi UII wen :oanan :o nc uonc.
nrQils io 1111\" ~ pcson..., SUll!liia :ail:ll ~---.or-di :Ill~ oflllC-,; lllr SWC!' wlil ~ lllC -man-,a :sc:e:m,""'
_ _,,ioc in111C!:lond.!Oplllll',V1111.-:a1111,-oraproorZ11•-U--111111i11-..--tillli.!IIIC1Un....,oroi111r::anr-=r
..... --:::imnc snail be~ aiio-d or -~=*=or.,..,.., .:aed. "'. ----:II)-Ill a,c i-oftlle s ..... .-c~ ... = -·
11c _..;,, ,.,. •• • oond.. Th11 pn1V111011 "m --wt111 CU ;s.a.,oe.
l'.\DEW•i lFIC.~ TION
~-To enc =n::11 awnonzca ~-law. :lie :anr..car ,11011 mc:::,mi\. DOC ad !loicl lmmlas :nc s-. ,u :::IDIO!'CIS aaci lfC"U. apmsi :II)· aiu: ,11 a!:a:,-.s.
d:lm;ps. !i:cniary ~'11.: :oun :iwmm 1nc:;.w;in1 .:.:ms. ::u,ensa.. :ac ~-:as :IIClrftC a .:. :UU&l ~i ~-x: ar rJffllUiOft ~ :ae :omncDr.
DISCRIMl'.\A TION A~D Afl'IR~IA TI\'E ACTION
!. TIie .::r:v-..:::ir :c:r=s to comoiy \wtUI tnc lm:e: zci sotrr. li :::c C.>1o::ao .\llaCiisc,mmmon .~ .Ji !9!7. lS ~ • ocncr .amlic::uc IN :'!Ser::.::,;
disc'lminaaoa :DG ,m'1ar :mo1oyrncm ;:r..:sc:s ICU :.,::~::. :DC :s ~ ~-~u::wvc Ora=. ~~ Ocponmu~· :nc Arftrnmlve .~c:on. ;::c: -\an i !o.
t 97!. PvntMllft :lwn,e,,. :IPt: .rOiia,.,nr ?"J""tSIOIV :nail X ana,na: :.If =ii SJ:t• :OttrrtlCI o, n,it-caltm:::;.
Dunn; :.nc :c:onn:anc:: 01·:nas ;onr:-.::.. :he :.:.omrx:or :pas :s :Dik,,&·t :
1:) :i1c .;.;,nt:-:c:or will no1 jis;~m111;uc .1 ;:1n11 ~, ::,o::,1e1~e-: .,r ;;:,n1i;;'1 : fnr .:mn10,mffl1 ~~s .. .JJ r2cr . .;..~~ .;n1111r. ;1:n :un11I nr:*'"· ,.:::
~~ lC&IMt.. :,:u,!Oft.JRC:SU:,. men~ ..,, i,n, ,w.;.:.: !t.anUte:. ~ :;:. 7°ill.' =m111&.-:,"lr will l!Ur.6: .;11irm.=1~ .aawn ~ .asur: ~ .a,nuc::nu Jff ~cc. .il'lt: :r.::
:innh,~·ca ::: ~:tc cunn; ::mi,10~ mc:1L WHIIOUI :"t-,.;n. ~.., :.nr ..ou,..: :ncmtt.•tcU ~r:su;:s. '""'°., ~1ua1 ~I .~uac. M l'IUl ec amraea ~ ;nc ro1low1n;:
CfflDh.,ynz:n. ~"I-JCmOUOn. "':r:nsrc:. ~.aunc:n .Jr :-:=-..aur:c:i1 au,·c:,wn~ !:y~rfs .. u tlffl'l1nauons: :-=a oi ~-or JUICI' 1onns Ill .orrrocsu.1on : :au:
iCJC:::gn ;Qr :r:.in,n;. 1ncu1a1n1 :zn,n::1ua:n10 The :onU""..::..."'f' :,rm-:c oos: ,n conq,1c:ao111 21aas. nlaiao1c :o C:::Dh>~as :aa aoaic:ms rOI' cm.c10~-mcr.L
l1DIIC:S :ox ;m,v1t.ec by the .;onu-.:m1 allier.' sm:n; =ore :IVYISIOIII or :nu :1111-aisc:mualuan :iaa.
ID1 7hc ::intt"..c:orw,11. ,a all soiic:=ons ar ..._ ;a,..._ plaid~ or on ilellalfoi:at :ona=or. SQll taa all qualified ...,;;c::ms wi
....,,c :::IIS~ ror ...._ ........ -tr.,on:I IO ::C:. =-. ::IIOr. ~ on11n. SA. ffllftW 1t11111. !'liilJOD. -.·.~or ~ ...,..;c::,.
or ....
ICI ihc ::lml' will ,ed 10 <= !:mar IIDIOII or ICl-fi a( ww1zrs W11II wllidl Ill la a colllc:lw blrpalall .-or --0
~ IIOUC< ro oc :novuied by a. ClllllnCIIII odiclr. _,,. ,_,.'°"or_.....•• wa ora ~ --:11e
E.u::wn ~-Eciuai Qoi,onun,11· ano Arfimlouff -~CllllL .-.i -"'Ori i 16. 19n. :ma oilllC ,,.._ ....-, ai relc\·• Onlen 01°1111 ~-
1a 1 71w :mw-..cat...., 1.-U1U0111 will 1iin11III ai l ,n111m10&1C111 :aoi ,._ rcuuina ~ E.u::11ivc ~-Eu1111 Oppomin,11· :11111 41'11nuuvc ~-,11 ... Dfl i
111 . ~o-!. :nu!>'" !IC ~•a.. n:;1.d~1nm ad Oran or tbc W\"CfflOr • ..,, plll'!Ual ra.mo. ad will Plfflllt :cau t0 has booa. ,...._ aa xcouau ~ ~
.;nntr:.::n; JlmC:: :nCi UIC orfic: or :nc Governor tJf htS da1;na: :or ;NrJN11S of invt:SUpaon 10 a=wn COlllpliaa: w1111 iUC ruicL l'lp&aLIOIII 211G onac,
ICI .. 1-o,pniz:uon will"°' ""d-...,. maivMIIIOI -Ollliilled :im,. ---.0 .......... '-arpaamamL ar ..... ~ -Uldi•Mlual l'nlm
_,11,uc:, 1....,acpmz:monor~ :,pm:""!' oiill-, a, 1111 l'ull ~al-~. _a,-.-:Illar.-. -
on;m.:,,~-
(0 A I-o,pn-. or 1111 -or-, -i..U -ad. all& illCi& ...,_ or -a ... of~ m ilftMII ill lllia--= 111 ill
~ or DelllllCI or in-ay pars._,~ -1111 ~ oflllll -ar-, -,_.---=or_,.. -dlnciy
or mclin:ly. ro c::lffllllll onr., dalnai 1111811-111111 llilliwscn--""
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C;) In lhc c:venr of rhc contractor's nun....:nmpti.aek:..: "ith tht.: 1k•n•Ji,..:ri1n1nation ..:lauscwu· d1i1 1:un1rx1 or wich any su1;h ruks. r11uta1iCM1~. ,tr onkr,.. 1n1,
..:unmu:1 1n.ay be i;;.ncctcd. u:rmin:aacd or ,u,fK:nlkd 111 "lh•h: ,,r ,n p.an and th.: cuntrx1nr ,nay be dectanal inclitibh: for tunhcr ~latt: i:1tn1r:u::, ,,
;a,,;i,:urdancc wnta rmcs:durcs. ;au1hunzclf 1n f=,:..:,u11H t lt.h'r I ,1ual urror1unity •d :\llinn:Hi\'\: ,\i;uan ,,(\1,ril lb. 1'17~. ad ahc ,-&cs. r..:;ula1u111, .,,
ordcn pmmut1acd in a.;crtrdancc 1hctt"11h . .MW .. u,h ,•1h,,;r ~J11 .. 11,,n, -'" nl.l~' hi: i,a..,......rJ .ane, n:1111:di..:s 4 m:a~ be ••••~..:d .&a pw, i.kd i• 1:xa:u11,..: t lr,l.:r
l :&1u.al Uppnrtun,ay ;and Alnrn,au,·..: .\C.:thm ,,, \r11I ,,, 1,,., ... ,,, rul..:'.\. rc11ulat1un, ,,, ,,1,kn prumul!(II\'~ 111 .Ki.:,•rd.1na th.:r.:wi1h.'" ;a,. ,,1h..:1n"'
prU\ 1dc" by law
(ht Thi: i.;on1rx1or will indudc lhl: pn1v11otun> ,,e ,,..,.,,;:,Jflh'" 1,u tht, ... fh th• 1n ..:v1:~ )UO,U111ra.t Md MabQ•ntaur 11ur..:l&.&SC ,wdcr Ullla.i cxri:mp1.:" h~ 111k:-
R."";ul.11tons. ur urden ii.sued pursuant 10 lix.:11.:utl\i: I H'lkr. l· .. u.a.l I tr'flltttua11~· and Allirnlaliwc At,;tioll of April lit. 1'17~. w 1hal web prowtaium "61k: hindin-.;.
up.Ill ~ $Ubcon1r:1C1or or vendor. ·n..: CDntr'Klut ••II lal.c .. -.h .a..1ilNI v.idt rcs,ccs. 10 a,-~•n1 o, purchase l.N'dl:r • lbc ~181 at-.:n..:~ IU.&\
tJm:d. a a means ofcntOrcin1 such prvYtSiuns. 1111i.:lufilin, ~•"tfh ttw rlUIN:Olllp&iaa:; pnwidca. howncr. Illa i• die cvac lllc..raaor bcCUIIIC) in,1,l\c.:J i•. ,,r is thruacned with. liti&ation wilb the sutM:1N11ra.;uw or ,t:nd&1r a a malt ot'Slldl Jircaion by 1hc COllll'Klilll lfC'ICY, lhc COMnCIOr nta)· ri:qu..::-11h..:
'i1.11e of Colorado 10 enter inlO such li1i1111on to pru1c..:t ttlc ,a1cto1 ofdlc SI.lie o(Cololado.
COLORADO L-\IOR PltEFERE.'ICE
Ila .......__ofCRSl-17•101&1021l1111n:1cn:ncc,,tC,.i.lfali,l..,..,,.....,..iaile10•-if ...... icwmb,.idlindlcSC.Cn--·und.:,...,a.u,
,....., in wllalc or ,n p111 by Sia& lilnds.
h \\"hell a "1Jlllll'UC&IO CDMnCt 1lw a publi..: rwu;icCI ,., kt lie •••*" 1a, .1 _..,_ a raidall llillllcr )Ila&! lie :alkw.'Cd a ,,..:ti:n.-.cc afaa111t a IIUIM'CSNknt ttldt.k.-r 1r,,,,,
a~, .. tdfl:lt:ft COUIIU"Y c:qual lO rtlc pretcn:IICC Jl\·i:n "' rc....-.J It\ 1111: ..aac ,., lcweip ~-• ......_.. die ... ...-t:MOL"ftl bMWct i1i a ra.:111. It' it ti «t..:nou .. ,;IJ ,•,
Utic 11t1ia:r rcs,ons11NC for awardint tbc hitl lUI g..,..aa.;c •tdl '"" .. ~ .... u. ~-QIII..: clcllla ,,,,...,.,_.. whidl ...w .~ he .ff:tibhk ,., \\,•,1i.J
.,.... ... tac IIICUlblllClll ,widl l'cqlllftlllCII ~·Fcdcnil tn . tit•~ ~ .. , .... a.all be........_ • •,· tO fllt: cx1..:n1 nt.~ tu ~ daual ,,f die m.1111;,, ,,, :,,
d.....ak' die IICOlllillCIIC) widl federal icquil h • ., fl.N.~ •• ,11.1111 ..& 101,.
C~EllAL
7. n.1a1o1·111tS..o(Cokndoai_ai,.._.....i--111111•--·•-1 ine _ _....._o1·-.ar.aa . .-In~ __.of.__ ..... ..,,....,.....-~---•ilicll--filrllllilrw by-,, cxnj 1· ·11 INNll' or-orwllicll is-. in .:onoli.o
dll slld laws. Nia ai .............. be ................ ,.._ ~_..,.ill-,,_... i-,a,wd-by,._.._ wllicll,.,..,. IO nqOIA: this
,. -,, -1111Cm pnmsiae • whale or ,. pan -be •lliot ar .............. ar IWlilllllc it,-,, oaine a law ........,_ by way of <Olllllililll. dllimc. ..,-.,. ,..,. \11,
...,. • .,., -null ad void by die_.... oflllis -·-•ill• ilwllida die -oflllis COMIKI IO die CldCffl Illa die coanct is""""* 01 c'1:cut•"'
I . Al all tna dunq Ille pcnonnance ofdlos conm,a. die c---I suictly odlleft ,o a11....,1icablc tCllcrat ad st11C ••••. nalcs . .,... ~ulll11wi, 1h01 ha,,
bcl:n or may haaftc, be cstalllishcd.
Y. The sip,IIOrics .. er thll they n t1111ili>r widl t ·Ks II-I-JIii. ct ,.:~ .. I Ori~· and Com,pt lntlun1ccs} and CKS 11-C-1111. cL seq .. (Allus.: ul 1111~1"' 1>11i,.,
.,.. daa no vaolaalon of suet, r,rov,s,ons is prcs.."ftl .
IN \VITNESS WHEREOF . the porucs hcn:1n iia,·.: c,m;-.1 t~•• l .... ,. .... , ,., tlli: ii.a~ lino*'" wnt1<11.
AQhuc Scjbttti
o+§OOOS83
_._.._ .. ._ .......
AIICSl (Scoi}
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Pltt:-~l'l'IIOVED FOllM CONTllACT Rt:Vll :11'1:K
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0'.AN MUCALf
ITA'l'I 0, CllLCIMDO
ROY ROMER. GOVERNOR ., ___________________ _
F« die IIXICI/TIYI DUCl'CI&. I.any ICalleabllpr
DEPAIITMENT
OF -----....1lo1esia·111alll.l:c\1o1fflli-·"a._ ________ _
Al'l'IIOVAL~
q \ Tl:: 1.0NTROLLFK
1.1.lHtlllO .. H'\U.
o, ---------------------
IA¥ VAIii tYDJ1
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EXHIBIT A
SCOPE OF SERVICES AND PAYIIENT SCHEDULE
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EOC # 321
ExHtlllT A
Colorado Economic Development Commission
SCOPE OF SERVICES
1. Project Descrjptjon and Require!IW!ll
The Pro1ect consists of providing tne Contractor willl matcn1ng funds fer the promotion of economic
development ,n lhe Arapahoe Coun!V Enterpnse Zone area . These funds shall be used fer lhe
purposes of promobOnal adlv111eS tlUII will market and adVertise the adVantages of locating a business
in the contractor's enterpnse zone area . create a positive identity for the enterprise zone area.
encourage retention and expanS10r1 of existing busineaes, promote redev~ment expand the
region's tourism industry . aaraa new businesses. and generally enhance the economic growth of the
enterprile zone area. Such ac:ivltles Shall include the preparation. produdion, and/or distribution of
market researcn. pnnted macanall. direct mail campaigns. print media advertising, trade show
promotions. special events. direct tlUSlneSS prospect visllation. and other closely related activities. No
more than 25 percent of tnese tunas may not be used to pay for contraaor's admimstrabve or staff
costs .
Contractor may allocate funds :o one or more subcontractors ,nvoived in promonon and economic
development adlvities in the emerpnse zone. Contradal' shall be responsible for ensuring and
doc:umenting the expenditure of the required local matching funds by Contrac!Dr or by its
subcontractors.
The contnbution from the Economic Development Fund under this Con1rad shall not exceed the
amount of 1oca1 ma1ct11ng funds expended on thlS project or SEVEN THOUSAND gpgars 1sz QOP>
whichever is less. All pro,ect costs in excess of this amount will be the responsibdity of the Contractor.
Contractor shall matcn E .D.C . funds used on this project with al least a dollar-for-dollar cash matdl
from local sources. Local expenditures on enterprise zone marke!ing pra,ectS incurred prior to the
effective date of this proiec: but subsequent to July 1. 1996. may be :ounted toward the matenmg
funds requirement. provided tnat such expenditures have not been used to meet other state
contractual matching fund requirements .
2. Dm• qt P,rfonnanc•
The Project shall commeuce ui,on ew:ution of this Connet The Connet will expir9 on June 30,
1998, except that the Contract may be eld8nded a muinum of 12 months subject to the mutual
agrNment of the State and the Connclcr. A reqLmt far UlilnllCn by the ContradDr shall be
submitted to the State at least 30 days pnor to the updCian of the C~ wittl a ful jusuflcalion for
the extenSIOn request
3. IJHlsltl
REVENUE
E.D .C . Funds S7 .000
Local Funds 7 000
TOTAL. S 14 000
EXPENDIIVRES
Market Resurcn. Publica1ions . Advertising,
Special Events. and One: Marketing for the
Arapahoe County EntarpnM Zone Program
Zone Administralion
TOTAL.
EOC I 321 • Exhibit A
Page1of2 ......
$12,250
1,750
$14.000 •·
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4 . PUIDIOI SdJtclYlt
I . se .ooo Initial payment to be paid upon~ by die c:ontractor following o,e execution of
this contract.
II . Interim payments to be paid upon l9qllelt and the IUbmiaion of propar
doc:umenCalion of ....... ol E.D.C. and local funds and wart1 progr9a.
Ill. 1,000 Final payment to be made upon 1illid IQ r ~ ol the Pra;1ct The
Contradar .. IUbll'lil • llnal ,,.,.. and iwralive repo,t documenting the
expenditure ol al E.D.C. funds for wtid'I pafffllnt Im bNn ~ and of
matching local funds .
$7,000 TOTAL
Requests for payment wil be lllitiaad by the ContraclDr in acconia11c:e wiltl the prcvilions of
Paragraph 8 of the main badr of 1his c:antract
5 ............
6. .,,...,,,,,, !kfwdYII
The Contrac:lDr wiU SUDffllt an .-.n financial and narrative rei,o,t Pf°'*1Y documenDng all
expenditures of E.O.C. funds• hi tme intenm payments are requesrea . The Contractor will subrmt a
final financial StalUI report proc,e,1f documenting II~ of E.D .C . funds at the time lt1e ftnat
payment is request11c1 , in accoruance witt't the payment scnec1u11 .
IDC I 321 • lldlillic A
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STATE OF COLORl\00
EXICUTIVf CHAMaHS
lltlS....C-oi
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December 16, 1996
Odell Barry, Chairman
Colorado Economic Development Commission
1625 Broadway, # 1700
Denver, co 80202
RE: 1996-97 Enterprise Zone Marketing and Administtation Grants
Dear0dcll:
In accordance with CRS 24-46-lOS, I haw audaity to review 111d approve
rec:ommendations by 1be Colando Ec:oaamic I>ew:low-•wr Commission fi>r
expenditures fiom 1be Ecaacaic Devaopmmt Fuad. I have m'iewed 1be emerprise
mne IDlUXebD8 and adarinweriaa pa projecu a lp'Cified OD tbe amcbed lilt aad
be:eby approw 1be cxpen in11e ofap ID a 11D1al o!S271,000 &:om 1be Colondo
Economic DeYek'Pfflll!C Fuad filr ~ pn,jecls.
Attachment
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Economic Development Commission
1996-97 Enterprise Zone Marketing Grants
Detail of Funding Recommendations
#320 Adams County Economic Development. Inc .
#321 City of Englewood (Arapahoe County EZ)
#322 Denver Urban Economic Development Corp .
#323 East Central Council of Local Governments
1324 El Paso County
1325 Gteeley/Wetd Economic Development Action Partnership , Inc.
#326 Huerfanollas Animas Council of Governments
# 327 Jefferson Economic Council. Inc.
#328 Larimer County
# 329 Mesa County EZ
# 330 Noftheast Colorado Association of Local Governments
# 331 Associated Governments of Northwest Colorado
# 332 Pueblo County
# 333 Region 10 League for Economic AssistanCe & Planning
1334 Upper Attcansas Anta COG (San LuillUPI* Arun1aa EZ)
1335 Soulheat Colorado Entllfprile Oenl.-,t. Inc.
1336 Region 9 Economic Oenlaprwit Diltrict of Soultwt Colorado
1337 Enterprise Zone Trade Shaw Martcaling (East Central COG)
t ...
510 ,000
7 .000
10.000
20.000
7.000
10.000
20 .000
7 .000
7,000
20 .000
20.000
20.000
10.000
20.000
20,000
20.000
20,000
30,000
278,000
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A USOLtmON BSTABl,ISBING rm POa IPIICW. SVBN'l'S LICBNSBS UNDO
TITLE 5, CHAPl'ER 20, OF THE ENGLEWOOD IIUNICIPAL CODE 1985.
WHEREAS, the City Council of the City of Eapewood, Colorado baa amended the
Englewood Municipal Code with the puup of C.B. 20, Seriea of 1997, by deletiq the
reference to lic:eme r-; and
WHEREAS, lic:eme feN are mon appropriat.ely let by Council 1"810lutiOD OD an annual
buia; and
WHEREAS, this reaolutiCJD eatebliwhM liceue feN far Special Event.a Li.c:maa;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Samm.u. The City Council of the City of Enpwood. Colorado hereby approves the
following feN for Special Event. LiceuN:
A . Special Event. Liceme Fee
Application Fee
*215.ooper-t
S 10.00 paid in advance
ADOPl'ED AND APPROVED this 7th day of April, 1997.
ATTEST : Tbmnu J. Burm, Ma:,or
Loucriahia A. Ellis, City Clerk
I, Loueriabia A. Ellil, City C1erk far the City of Bqlewood, Colondo, benby certify the
above ia a true copy of 8.-olutiao No._, Seriea of 1987.
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Aprll 7, 1117
11 a f
"-*IIIDn .................. far
TIie 5, Cllll*I' 20. 8pec:IIII e_.
Uclnla ....... ., I Ffri
.........
of Flnmdal SerWllS Dll9cmr
COUNCIL. WI. Mm PIIEVIOU8 COUNCIL. ACTION
TIiis l'NCllulion ........._ fNI fordnd ..... Ml ...... V9lldals ....._ Em11111•111 ..... br rWllullon Is
required br TIiie 5, Chllpter 20.
A! the May IS, 1118 lludy Nllion, ltaff dl8cusiied Ille prapoeld moraNtum wlll lie City Council. On June 3,
1118, lie Cly Council read and~ Onlln•a 25, a... ot 1• on ftnll l'Ndlng. This Onlnance
8ltabllltlllCI Ille morawtum to run fnlm June 10, 1• to Declmllar 10, 1118. Council aclal*d Onllnance 55,
SerlN ot 1• eAlldng 118 moraortum 1111111 April 10, 1117. On Februay 11, 1N7, Cly Councll app1oved on
tint INdlng • 1111 for an ordinance a1e1dl111 t11e morawtum 1111111 July 10, 1117. Council approved on tint
INdlng adding a MW TIiie 5, Chapter 20 to 118 Cly Coda on Man:11 17, 1117.
RECOTEIBIDB ACTION
Slaff recomme.ldl Cly Council IIPPIVWlt 1111a IWllullon.
WKGROUND, ANALV818, Mm ALTl!IINATIVD IWII &
TIiis Is a MW licenN, IO fNI haw nat bNn ......., ...... Nd. fees n Ill br l'8IOlullon to allow Cly
Council ftexlbllly In,...... ...............
No lllemlltlves went ldenlifted.
FIMNCl.a. .. ACT
F .. n Nt • $25.00 far Ille llcenN Ml 110.00 to CIMf' ............... CX1118
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BJISQLUTIONNO.LJ/~
mll!OF1997 ~
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A DSOLUTION BSTABLISHING FUS FOB PUllCIIA88ll OP VALUABLE Alrl'ICLBS
UCENSES UNDER TITLE 5, CHAPl'ER 23, OF THE ENGLEWOOD MUNICIPAL CODE
1885. I
WHEREAS, the City Council of the City of Eqlewood. Colorado has amended the
Eqlewood Munic:ipal Code with the pusqe ofC.B. 22, Seriea of 1997, by deleting the
reference to liceme C-; and
WHEREAS, liceme fees are more appropriately Nt by Council 1'810lutiOD OD an annual
buia; and
WHEREAS, thia reaolution establiabea lieeme re. for PurdaaNr of Valuable Articlea
Licenaea;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Soc;tigp 1. The City Council of the City ofEnclewood, Colondo hereby approvea the
following r-for Purchuer of Valuable Artic:lea:
Purchuer of Valuable Artic:lea Licenae Fee:
Applicatioo Fee
Bacqround Check Fee
$2li0.00
$10.00 paid iD acffance
SI0.00 NCID-reftmdable
Tbeae re. are iD addition to any odm-U-. .... Por euaple, a pan:baaer of
valuable articlea U-. bolder and a paWllllralrs would be reqaind to pay an
additiODal pawnbrobn lieenae and apptieatian fae, but not llll additianal bacqround
check fee .
ADOPl'ED AND APPROVED thia 7th day of April, 1997.
ATTEST : Thomu J. Burm, Mayor
Loucriahia A. Ellia, City Clerk
I, Loucriahia A. Ellia, City Clerk Car the City of Baaiewood, Colando, __, certify the
above ia a true copy of R.-olutian No ._, Seriea of 111'7 .
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COUNCIL COMMUNICATION
Date Agendalllm Subject
April7, 1997 11 a ii Resolution establlshlng fees for
Tille 5, Chapter 23, Purchaser of
Valuable A111c1es Licenles and
OlherFees
lnillald By I Frri -
Stlffloun:e
Deoartment of Financial Services • Dlrec:tor
COUNCIL GOAL AM> PREVIOUS COUNCR. ACTION
This resolution establishes fees for pun::tlaser of valuable articles licenses. Establishing fees by resolutlon Is
required by Title 5, Chapter 1.
At the May 8, 1998 study session, staff discussed the proposed mcnlortum with the City Council. On June 3,
1998, the City Council read and passed Ordinance 25, Serles of 1998 on final reading. This Ordinance
established the mcnlorium to run from June 10, 1998 to December 10, 1998. Council adopted Ordinance 55,
Serles of 1998 extending the moratorium until April 10, 1997. On F...,._, 18, 1997, City Council approved on
first reading a bill for an ordinance extending the mcnlorium untH July 10, 1997. Council approved on first
reading this new license under TIie 5, Chapter 23 of the City Code on March 17, 1997.
ltECOS•ENDED ACTION
Staff 111COfflffl81ldl City Counc:11 approve this resolution.
IIACKGIIOIN>, ANAL'YIIIS, AIIIJ ALTERNATIVES IDENTFIED
Fees have not been dlanged flam previoully ellabllslled levels. A fee for backQround chedls and the
appllcatlon has been added. Fees ... 1111 by resolution to allow City Counc:11 ftexlblllly In ~iewlng and setting
fees.
No alternatives were Identified.
FIIIANCIAL IMPACT
No fees were collec:ted for these llcenles In 1998. These fees.,. In addition to any other llc:ense fees. For
example, a pun::tlaser of valuable articles llc:enae holder and a pawnbroker would be required to pey an addltional
pawnbrokers license and application fee , but not an addltlonal becllground dlec:k fee. Fees ... 1111 a followS :
Amual Pufchaer of Valuable Articles Ucense Fee:
Application Fee (paid In advance):
Background Clleck Fee (non-refundable):
UST OF ATIACHMENTI
Copy of resolution
$250.00
$10.00
$50.00
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COUNCIL COlalUMCATION
.,... Aglla ... .....
Apstl 7, 1117 Rlloll*n Ntablilhllig r... for
11 a fff TIie 5, Chapler' e. Adul
1:1 ............. Licemes.
.....caay I Frank=.
......... -of Flnanclal Services Dhctor
COUNCIL CIOM. AND PIIEVIOUI COUNCL ACTION
Thia l9IOlullon ......... r... for lldull enleltall.,.. Ntabllshments llcenles. Eltablllhllig r... by rNOlullon
II ...... by revllions made to TIiie 5, ChalHf' 1.
N. Ille Mey e. 1118111,dy lelllon, llaff dlaculWI Ille prapaeed IIIClflllorium wllh the cay Council. On June 3,
1118, the Cly Council read and passed Onlnance 25, Serles of 1118 on final rudlng. Thia Onlnance
8llabllltled the moralOlun to run from June 10, 1118 to December 10, 1118. Council adapled OnllnMce 55,
Sertes of 1118 lllctelldiig Ille mora101un 1111111 Apstl 10, 1117. On February 11, 1117, Cly Council approved on
tlnl rudlng • 1111 for• onlnance exlelldiig Ille moraorium UIIII July 10, 1117. Council approved on tlnl
reading changes to TIie 5, Cllapler8 of the Cly Code on Mardi 17, 1117.
IIECOPBIENDED ACTION
Staff r•commands Cly Council appnMt this l9IOlullon.
BACKGROUND, ANAL YSII, AND ALTEIINATIVD IDENTFED
Fees .. being IMlld III pr9¥loua 1eva unlll Cly Council c:11ooNS to 11M8W llclllN fw. Fees .. 181 by
molution to allow Cly Council tleJClbllly In M1Nlng and selling fees.
No alemllllves ... ldenllfted.
FINANCIAL _.ACT
No fees W9l'8 collecled for ttleN llcarllN In 1118. The fw .. 111e ane for mulllple .... but not mulllpla
locatlons. For example, an adult boobtont wllh lldull modelllig would be chaged one IICllwe and ~
'"· but .... adult bookst01'9 Md adult modeling locllled In cllf9lwt loclllons would be chaged two applk:llllon
Md lk:ense fees. Fees.,. 181 a follows :
Initial And Annual Adult Entllftllinment Llcenle Fee: 12,000.00
Appllcllllon Fee (IIOIH9fundable): $10.00
LISTOFAnACHMENTS
Copy of resolutlon
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Bl80Lt1l'ION NO. ilJ_
SERIES OF 1997
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A BBSOLtmON BSTABLISRING PBBS FOR ADULT BNTBll'l'AlNIIBNT
ESTABLISHMENTS LICENSES UNDER TITLE 5, CHAPl'ER 6, OF THE ENGLEWOOD
MUNICIPAL CODB 1811t.
WHEREAS, the City Council of the City of Enpwood. Colorado baa amended the
Englewood Municipal Code with the puaap of C.B. 21, Seri• of 1997, by deleting the
reference to licenae fees; and
WHEREAS, licenae fees are more appropriately aet by Council reeolution OD an annual
buia; and
WHEREAS, this resolution establiahee liceue feea for Adult Entertainment Li.cemN;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Sed;igp 1. The City Council of the City of Enpewood. Colondo mnby approns the
following fees for Adult Entertainment eatabliahmenta:
A. Adult Arcade Liceme Fees:
Application Fee
B . Adult Booutore Liceme F-:
Application Fee
C. Adult Cabaret Licenae F-:
Application Fee
D . Adult Danc:inf Eatabliahment Liceue F-:
Application Fee
E . Adult Entertainment Eatabliabment Licalae F-:
ApplicatiOD Fee
F. Adult Motion Picture Booth Liceme F-:
Application Fee
G . Adult Motion Picture Theater Licenae F-:
Application Fee
H . Peep Booth Licenae F-:
Application Fee
S2,0DO aDD-lly
s10.oo paid in ...._
S2,0DO aaa-lly
s10.oo paid in ...._
S2,0DO annually
s10.oo paid in ...._
S2,0DO annually
s10.oo paid in acmmce
S2,0DO annually
s10.oo paid in adY8DCe
S2,0DO annually
s10.oo paid in advance
'2,000 annually
Sl0.00 paid in advance
S2,0DO annually
s10.oo paid in advance
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The feN ue the ume for multiple uam, but not multiple locationa. For eumple, an
adult boabtae with adult modeling would be cbarpcl ODe liceme and applicatian fee,
but an adult boabt.ore and adult modeling located in diffenmt locatiOD.1 would be
c:barpd two application and lic:enae fees.
ADOPl'ED AND APPROVED tbil 7th day at April, 1997.
ATTEST: ,,_.. J . Burne, Mayor
Loucriabia A. Ellia, City Clerk
I, Loucriabia A. EJ1ia, City Cln fur the City at Enpwood, Colorado, benby certify the
above ia a tr,ae copy atBeaolution No._, Seriea at 1997.
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Cl'IY MANAGER'S CJNDEREllA Cl'IY Acnvl'IY REPORT
April 3, 1997
Equitable
Activity: PurcbwJSale Agreement
I spoke with Greg Moore on April 2 and he reports the final draft agreement
has been submitted to Kravco's legal counsel for approval. We are still trying
for an April 14 study session with Qty Council assuming Kravco can tum
around in a timely manner.
Staff Source: Doug Clark or Dan Brotzman
Actiyjty: l&i!K JJmninntions
Mr. Moore reports Equitable has not made much pl09le&S on terminating the
Wards lease . He feels this is due the current retrenchment posture at Wards
corporate whereby a number of stores are being evaluated for closure.
Staff Source: Doug Clark
Activity: ErnrirPDJDCDbll CJenouc
No report since March 28.
Staff Source -Doug Clark
• Macaatlle
Adiyjty: HffiMtile Prgpaty Gift to Qty
No report since March 28.
Staff Source -Doug Clark
Adiyjty: Mgrcaotile Enyirporneot,al BernedifttiPD
No report since March 28.
Staff Source -Doug Clark
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Activity: Oevelooment Agreement
No report since March 28 report.
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Staff Source -Dan Brotzman, Bob Simpson, or Doug Clark
Actjyjty: PUP Submittal
,.
Miller-Kitchell informed us they still need another three to four weeks before
submitting their site plan. They are experience some engineering
considerations relating to a grading plan and whether or not to provide a
parking structure in the vicinity of Sony Theaters and the RTD station. Kitchell
is handling the engineering.
Staff Source -Bob Simpson
Actiyjtv: Tenant Reauitment
General merchandiser reauitment efforts continue .
Staff Source -Doug Clark or Bob Simpson
Actjyjty: Miller-Kitchell f mancial Pro Forrna
Miller-Kitchell is revising their financial pro forma.
Staff Source -Doug Clark or Bob Simpson
• Rl'D IJ9'd Rall Station
Activity: Intergovernmental Agreement
Completed. December, 1996 .
Staff Source -Chuck Esterly or Bob Simpson
• S.lbe/KRAVCO FIN Acne
Actjyjtv: Kravco Subfe,,e
We are still awaiting word &om Kravco on this .
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COUNCIL COMMUNICATION
Date Agenda Item Subject
April 7, 1997 Lowry Landflll
14 I Settlement
Initiated By Staff Source
City Attorney Daniel Brotzman
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
The City was named as a PAP for the Lowry Superfund Site in 1985. The City of Englwood
entered into a Settlement Agreement with Denver, Chemical Waste Management, Inc. and
Waste Management of Colorado, Inc. on March 3, 1994 to cap liability.
RECOMMENDED ACTION
Passage by motion for the authority to sign the leller of support for the proposed changes to
EPA Record of Decision.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Denver and Waste Management have asked that Englewood and Lillleton deliver a letter of
support for the proposed changes to the EPA Record of Decision within the public comment
period which expires on April 22, 1997, to exprau support for the proposed changes. The
City of Englewood has drafted a letter of support to the EPA which satisfies the City's
obligation under the settlement ag,eement wilh Denver and Waste Management. The
proposed changes wiH reduce the cost of cleanup of the Lowry Site. A reduction In cleanup
costs will, in tum, reduce the risk that the cost of cleanup will exceed the amount at which the
reopener provision of the City's ..alement agrwnent is triggered.
LIST OF ATTACHMENTS
Letter of Support
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City of Englewood March 31 , 1997
Marc E . Herman, Remedial Project Manager
U.S. Environmental Protection Agency
Mail Code 8EPR-SR
999 18th Street, Suite 500
Denver, Colorado 80202
, .
3400 S. Elati Streel
Englewood. Colorado 80110-2304
Phone (303) 762-2300
(303) 762·2301
FAX (303) 789-1125
REGARDING: Public Comment on Lowry Landfill Superfund Site Explanation of
Significant Differences (March 1997i.
The City of Englewood submits this comment in support of the Lowry Landfill Superfund
Site Explanation of Significant Differences (March 1997 ).
The City has been intimately involved in the study of contamination at the Lowry
Landfill Site and the means to address that contamination since the mid-1980's through the
involvement of the Littleton/Englewood Bi-City Wastewater Treatment Plant at the Site.
As a result, the City is familiar with the underlying components of the Record of Decision
(ROD ), the goals sought to be accompliahed by the ROD and the manner by which those
goals are to be accomplished. The City also is extremely familiar with the operational
capabilities of publicly owned treatment works (POTW) facilities by virtue of its joint
ownership of the Littleton/Englewood Bi-City Wastewater Treatment Plant.
The City has reviewed the Explanation of Significant Differences (March 1997 ) insofar
as it proposes to change the ROD to allow 1) on-site treatment of waste in the former tire pile
area instead of uc:avation and off-site treatment and disposal, and 2) treatment of
groundwater at the Metropolitan Wastewater Reclamation Diatric:t POTW facilities in
lieu of building a new treatment plant on site. Tbe City fully supportl propoaed changes to
the ROD described in the Explanation of Sipific:ant Difference (March 1997) as being
environmentally sound and conaistent with the goals to be achieved by the ROD .
The City believes that on-site treatment of contaminated materiala in the former tire pile
area to meet RCRA Subtitle C and D requirement. of the Solid Waste Diapoaal Act and the
Colorado Hazardous Waste Act is preferable to off-lite treatment and is conaistent with
current waste disposal practices and policies . The City further believes that off-site
treatment of contaminated groundwater pursuant to the conditiona set forth in the
Explanation of Significant Differences (March 1997) is preferable to on-site treatment
because of the experience and operational capabilities of the Metro Wastewater
Reclamation District facilities in controlling and treating such wastewater to meet
discharge permit limitationa.
For the foregoing reuona, the City supports the proposed changes to the ROD as set forth
in the Explanation of Significant Differences (March 1997 ) and urges adoption of those
changes .
Sincerely,
Thomas J . Bu.ma, Mayor
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AGENDA FOR THE
REGULAR MEETING OF
J_ . q THE ENGLEWOOD CITY COUNCIL
~ ~ ~Y; MONDAY, APRIL 7, 1997
/ 7:30P.M.
1. Call to order. ') :t./() f/'1./
2 . Invocation. UJ ~
3. Pledge of Allegiance. ~
4 . Roll Call .
5 . Minutes.
~ (/ 17-0 a. ................ ReguLv Coty Council """'.ng of Maoch 17, 1997. 0~
6 . Scheduled Visitors. (Please limit your presentation to ten minutes.)
5
~~u~!~tationtofiveminutes.)
8 . Communications, Proclamations, and Appointments.
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WUf'I
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Recommendation from the Department of Financial Services to adopt a bill for
an ordinance creating a new chapter in the Englewood Municipal Code
establishing a license for Tattoo Establishments. STAFF SOURCE: Frank
Gryglewicz, Director of Financial Services.
() 11 J 3/ iii . ...,.-,Recommendation from the Department of Financial Services to adopt arffiiill for
G Pfr' Jt·-0 an ordinance creating a new chapter in the Englewood Municipal Code
If establishing a license for Secondhand Dealers. STAFF SOURCE: Frank
Gryglewicz, Director of Financial Services. !)j l1<J'A
I ), • 11 ft iv. v Recommendation from the Utilities Department to adopt a resolution approving
l().iW ?-' /i M J 1~-V the Water Conservati<>r)~st.er .Plan . STAFF SOURCE: Slewm H. Fonda,
fJf r t'I Director of Utilities. w ~ .
v. v Recommendation from the Utilities Department to adopt a i:rJ~f:' ~ /
an easement with the Colorado Water~servation Board for improvements V
(!. /)i}, I ___.n along the South Pl.tte River Cuinel · ion P ·ec;t. Jil./i'A SCJY~ Stewart
-/ I ir (./ H. Fonda. Director of Utlilies. ~ V V ,-;dpHYv
{! {2_y:/J-)i 7 vi.. Recommendation from the Utilities Department to adopt a bill form Jdinance
~ approving Southgate Supplement #130. STAFF SOURCE: Stewart H. Fonda.
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Director of Utilities.
vii . Recommendation from the Wast.ewater Treatment Plant Supervisory Committee !,All.ff' to approve, by motion, the purchase of a four wheel drive vehicle for the
,. Beneficial Use Farm . Staff recommends purchasing the vehicle on state bid , in
, "1"' ~ .' the amount of $24,950.80. STAFF SOURCE: Stewart H. Fonda, Director of
7 ' Utilities.
vii i. Recommendation from the Department ol Public Wori<s to adopt a resolut ion to
~-negotiate and award a connct for 1997 micro-surfacing. STAFF SOURCE: Wlfr Charles Etterfy, Director of Nllic Worlm.
.... ,,,.. ................ ...., ................. ..., .. ca,.,, at ........ .. ............ .._. .......... _ .......... ,...
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Gfr Council Agencb
April 7, 1997
Pagel
OUtl-cl.;2._
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Recommendation from the Department of Public Works to approve, by motion ,
a contract for resurfacing and other repairs at Sinclair Pool. Staff recommends
awarding the contract to the low bidder, Alpine Pool and Plaster, in the amounJ J ~
ofS33,840.00 STAFFSOURCE:CharlesEsterfy,Direc:torof·~ W,J. V(/
Recommendation from the Department of Parks and Recreation to approve, by
motion, a contract for an irrigation control system for the golf course. Staff
recommends awarding the bid to Layne-Western company, the lowest bidder, in
the amount of $42,384.00. STAFF SOURCES: Jerrell Black, Director of Parks
and Recrstion, and Dave Lee1 Manager of Open Spaces.
Approve on Secoryj !Je:J/W~rf ~ A«41Jz} / ~ ~
i. Council Bil~l'~. authorizing new deeds for the C-470 Interchange project
which reflect the final design changes.
ii. Council Bill No. 20, adopting a new chapter in the Englewood Municipal Code
pertaining to Special Events licenses.
iii. Council Bill No. 21, adopting a new chapter in the Englewood Municipal Code
pertaining to Adult Entertainment Licenses , and removing the license from the
moratorium.
iv . Council Bill No. 22, adopting a new chapter in the Englewood Municipal Code
pertaining to Purchaser of Valuable Articles licenses.
NI-K v. Council Bill No. 25, approving the 1997 Enterprise Zone Marketing Contract.
11 . Ordinances, Resolutions, and Motions.
a. Approve on First Reading.
~ J):. if;' i. Recommendation from the Department of Financial Services to adopt a
J / _ _.::{') resolution establishing fees for Special Events li~ts:5:. ST~ICE: Frank
t{ ([j U Gryglewicz, Director of Financial Services. ;}(Yi~
/~/ ii. Recommendation from the Department of Financial Services tiopt a
,,.-vresolution establishing fees for Purchaser of Valuable Articles r ~~
SOURCE: Frank Gryglewicz, Director of Financial Services. "( ?1UJ.Y_j
/(M_gp-ii . Recommendation from the Department of Financial Services to adopt a
// ~ /. 71 resolution establishing fees for Adult Entertainment licenses. ~AFF SOURCE:
~~ (I--u Frank Gryglewicz, Director of Financial Services. ()~
b. Approve on Second Reading. --,-~o
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l'lwe llllle: If,-._.a611111ly_. ... ~_. ........... _., .. aa,.,-' 11•0INll1lll
...... .._.. • .._ ................ 11111111,-.
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City Council Agencb
April 7, 1997
Pap4
12. General Discussion .
a . Mayor's Choice.
b . Council Members' Choice.
13. City Manager's Report.
a. Cinderella City Status Report.
14. City Attorney's Report.
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a. Recommendation from the City Attorney to approve a motion for the authority to sign
h_J /. -"0 the letter of support for JhF proposed chanaes to the Environmental Protection A&encY (,'r, lf Record of Decision. w ~
Mj-m,nt.~ -/o·1srv
The following minutes were transmitted to City Council between 03/14/97-0-1/03/97:
• Englewood Public Library Board meeting of February 11, 1997
• Englewood Water and Sewer Board meeting of February 11, 1997
• Englewood Housing Authority meeting of February 26, 1997
• Englewood Planning and Zoning Commission meeting of March 4, 1997
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April 21, 1997
Regular City council Meeting
Public Hearing -PD t 38
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