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Home My WebLink About2009-09-08 (Regular) Meeting Agenda PacketAgenda for the Regula r Meeting ol the Englewood City Council Tuesday, Septe mber 8, 2009 7:30 pm Englawood CIVIC Center -Council Chambers 1000 Englewood Parkway Englewood . CO 80110 Call to Order 7 44 p m 2 Invocation McC11ll n Pledge ol Allegian ce Mccas lin 4. Roll Call . Pre ae nt : Jefferson, Moore , Penn, Oakley , Mccaslin , Wilson, Woodwa rd Absent : None 5. Consideration or Min utes ol Previous Session . a Minutes lrom the Regular City Councff Meeting or August 17, 2009 Moti on : To approve the m,outes of August 17, 2009. Mo ved by : Penn Seconded by: Mceashn Vote · Mot ion Appro ved (summary: Yes = 7 No=0) 6 Recognrtlon of Scheduled Public Comment (Please Umrt your presentation to ten minutes ) a F,re Chief M e Panarozz., and Public Wortls Director Ride Kahm WIii present Robert Kam sky , Ron Norden , Rex Templeman, and Gerald Wier with lire-saving awards 7 Recognition ol Unscheduled Public Comment (Plea~ lilnlt your presentation lo five mlnu1es Time for unscheduled public comment may be limited to 45 m111utes, and if ilm1ted, shall be continued to General Discussion ) a Marti Kuen..rskl -urban garden prDJeet b COiieen McManus • • off leash dog parks -hours/days c Dorothy Haelell •• off-leash dog parks -hours/no Salurnays d Martha Griego •• off-leash dog parks -hours/no weekends or during sports e Tracy Jones • -off-leash dog par~s •• hours/no weekends f Kim Lcwe • -compromise on off-leash hours , public hearing app,eciated , win ier hours g Matthew Crablrea • -off-leash solution h Jackie Edwards • -Englewood Days 8 Commu nications, Proclamations, and Appoint me nts No ne 9. Consent Agenda Items EPglcwOOd Cily Counal Agenda SepIomber 8. 2009 Page2 a Approval of Ordinances on F•st Reading None b Approval of Ordinances on Second Read ing, None c Resolul10ns and Mo~ons None 10 Public Hearing Items (No Public Heanng ) None 11 Ordinances, Resolul,ons and Motions a Approval of Ordinances on Firs! Reading. Council Bill No 36 -Recommendation from the Finance and AdmlnlSltalive Sennces Department to approve the proposed amended bill for an ordinance amending 4•44-7C of the Englewood Munlcipal Code, pertaining lo lice nse 101 retailer and vendor fees. This Council bill was mItlall y approved on first reading on August 17, but was subsequenUy amended by staff to include an effecwe date. Because of t11Is amendmcnl, the Council bill must be considered on fust reading aga111 STAFF SOURCE: Frank Gryglewlcz, Director of Finance and AdmlnlatraUve Service&. Motion: To approve Agenda Item 11 a (I) Moved by: Mccaslin Seconded by. Penn Vote Motion Approved (summary Yes= 7 No= 0) Council Bill No 38 -RecommendaliOn from the Pohce Department to adopl a bill for an ordinance authorizing the acceptance of the Communrty Oriented Pollc1ng Services Hiring Recovery Program Grant No 2009RKWXO181 STAFF SOURCE: John Collins, Deputy Chief of Police Motion: To approve Agenda Item 11 a (11) Moved by: Moore Seconded by· Wilson Vote Motion Approved (summary. Yes = 7 No = 0) aI Counetl Bin No. 40 -Recommendation from the Community Development Department to approve a bill for an 01dInance authonzing a Slate of Colc.rado Department of Local Affairs Communily Development Block Grant Neighborhood Stabllizahon Progrdm Grant Agreement. STAFF SOURCE: Janet Grimmett, Housing Finance Specialist and Harold J, Stitt, Senior Planner. Motion : To approve Agenda Item 11 a (iu) Moved by: WIison Seconded by: Mccaslin Vote· Motion Approved (summary Yes = 7 No = 0) Iv Council Bil No. 41 -Recommendat10n from the Pol1oe Department lo ado pt a bill for an ordinance aulhortzlng the acceptance of a Colorado Auto Theft Prevenbon Authority grant. STAFF SOURCE: John Collins, Deputy Chief of Police Englewood Ci ty Council Agenda Seplembe< 8, 2009 Page 3 Motion: To approve Agenda Item 11 a (tv) Moved by: Oakloy Seconded by Jefferson Vole Motion Approved (summary Yes = 7 No = 0) b APproval ol Ordinances c~ Second Reading RESO#67 None Resolul10ns and Mol10ns Recommendation from the Communily Development Department to authonze a resolut1011 ass,g mng Englewood's 2009 Pnvate Acl!V1ly Bond Cap Allocafion to the Colorado Housing and Finance Authonty for home ownership programs STAFF SOURCE: Darren Hollingsworth, Economic Development Coordln1tor. Motion: To approve Agenda Item 11 c (t) Moved by : Wilson Seconded by McCaslin Vole: Motion Approved (summary Yes= 7 No = 0) RESOf68 Recommenda tion from the Finance and Administrative Se/vices Department to approve a resolubon transferring funds from various lunds to the General Fund . STAFF SOURCE: Frank Gryglewlcz, Director of Finance and Admlnlstntlve Services Mntlon: To approve Agenda Item 11 c (M) Moved by: McCaslln Seconded by. Penn Vote· Motion Approved (summary Yes= 7 No= 0) lit Recommendation from the Communlly Development Department to approve a RESO # 69 resolution authorizing the transfer ol ownership ol various parcels of land from the Englewood Urban Renewal Authorily to the City of Englewood. STAFF SOURCE: Alan Wh ite, Director of Commun::y Development. Motion: To approve Agenda Item 11 c (111) Moved by: Oakley Seconded by: Penn Volt Motion Approved (summary-Yes = 7 No= 0) 12 General Discussion a Mayor's Choice b Council Members' Ch oice Council Member Penn Councd Member McCasl,n Council Member Moore Council Member Oakley Counctl Member Wilson Council Member Jefferson 13 City Manager's Report 14 City Allomey's Repo•t 15. AdJournment. 9:07 pm • Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session Au.gust 17, 2009 The regular meellng or the Englewood Crty CoullCII was called to order by Mayor Woodward at 7:44 pm. 2. Invocation The Invocation was given by Council Member McCaslfn 3. Pledge or Allegiance The Pledge of Allegiance was led by Council Member M<:Caslin . 4 . Roll Call Present Absent: • quorum was present Also present Council Members Jefferson, Moore , Penn, Oakley, Mccaslin, Wilson, Woodward None City Manager Sears City Attorney Brotzman Deputy City Mana9er Flaherty City Cler1t Ellis Deputy City Cler1t BuSl'I Director Gryglewicz, Finance and Administrative Services Director Fonda, Ub'Jities Operations Division Manager Tanen~ Wastewater Dfrecior White, Community Development Director Eaton, Human R8SOUICeS F"rre Chief Pattarozzl Police Commander Condreay Police Sergeant Conlos 5. Consideration or Minutes or Previous Session (a) COUNCIL MEMBER JEFFERSON MOVED, AND COUNCIL MEMBER PENN SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF AUGUST 3, 2009. Mayor WoodwarJ asked If there were any changes o r modifications. There were none . Vote re1u1t1 : • Motion carried Ayes: Nays: Abstain: Council Members Penn, Mc~aslln, Woodward. Jefferson, WI ison, Oakley None Council Member Moore Englewood City Council August 17, 2009 Page 2 6 Recognition of Schodul~d Public Comm ent (a) Martha Gnego. an Englewood resident, said good evening I hope you all received my email regarding voice control versus leash control by a dog expert named Jennifer Hime from Front Range K-9 Al the Par1<s and Rec meebng , I had given more facts with regards to dogs being off leash and how unsafe 11 would be to conbnue ltving as happened I don't want to repeat myself fro ·· that meehng and therel01e win Just give you a copy of the facts I win say tha1 from what you read, the bollom line 1s, children and dogs do not m,x In an open area where both are playing without fencing Dogs on leash are shll animals and wtll do as they wanL Loud noises and screaming 1s a nuisance for dogs and a gated fence 1s a must for unleashed dogs 4 7 mill~n people are bitten by dogs every year, espec,ally children . Dogs are territorial when chas111g balls or toys and VOICe command ,s hard to delect when '" an open area And lhe last thing ts dogs are animals and not humans Now here 1s something else to think about We have two major parks Cherry Creek and Chatfield that are retlunkmg of changing their leash poltcJes We are talking of two par1<s that have more tha n 10 acres than we do and yet they are 1nd1callng the following : areas have suffered damag~ over the course of the past 7 years. 10 to 12 loot wide lrails are now 20 to 30 fool trails due to high dog off leash traffic, volumes of users have increased, some have suggesled dog impact lees, dog licensing, elc to control the volume Some have suggested ellminabng the dog off leash area Af the Par1<s and Rec meehng, there was a motion to cancel the fencing and shrub proposal and maybe wor1< wdh set times lo have dogs off leash Think about the dilemma here. Englewood Unleashed conllnues to caU Englewood parks dog parks. They don't refer to It as community peoples' park but a dog par1<. Their minds are conditioned only to speak of their dogs running loose and our mind Is for people safety They don't care about the children and elders who may have fear of dogs or for that matter, i i one person ls to get injured Englewood Unleashed continues to ftghl to make peoples' par1< Into dog parks and will go to any length and to slander people to try to make a poinl As Kim love, President of Englewood Unleashed, Indicated to olher • people and at the Parks and Rec meeting , that I am a liar; I am not contributed to Englewood ; that I have done • nothing for Englewood; and I am exaggerating His speech was mainly to attack me It was not about the safety for the people of Englewood . I would like to say, I have lived here for 27 years and my kids went to Englewood Schools and played In Englewood sports As a family. we competed in volleybaft and softball in Englewood I was a Ch air lor Englewood r~le 9 schools. I do my shopping here In Englewood. My dog was groomed en Broadway when he was ahve. I Just don~ buy a cup of coffee from Starbucks and say, f'm contn1>uting lo Englewood, like most of their people say. Kim Love. II you have something to say abou t me, then qull hiding behind your dog and be a real man and tell me to my face. So, bef()(e you start mal(ing accusations, find out the facts first You need to go back to Highlands Ranch and start an unleashed organization there and leave Englewood alone Now let's keep to the issue of people being safe in the parks Kim Love, PreSldent of Englewood Unleashed, indicated that they have raised $4,500.00, They have money to make their park a better park. They can be proactive and place a donation box at the front entrance of the dog park and use those donalJOns to keep up their dog par1< II seems to me that they all want Englewood parks lo be unleashed so that they don't have to deal with the dog park I will state this again. We buUt a dog park for them and yet~ is not good enough for them That was a compromise from the Bates-Logan and here we are again. They want more parks for the dogs and probably won't quit until they have succeeded What happened to the public parks being safe? We don't have to worry about strangers. No, we have to worry about canines. Do we forget that the human s go lo the park to have picnics, play sports, Jog around the par1<, etc.? This Issue before us is who has the nght to be in a public park running free? Is II the dogs or 1s ~ the humans? Myself. I wi ll stop coming to the Englewood parks If It is turned Into a dog park. I want to enJOy the beauty and allow the children to play in That Is a lot hea.lthlef than dogs Infringing on me and my family Set times were mentioned and I have talked to some of the commun ity residents and they were not happy aboul this gesture, because they believe that we wdl be bacll again within a month 01 even wtthm a year wilh the same issue. We realize that you are trying to make everyone happy but again, they are asking, why do we wa ste our money on a dog park If they are not going to use ii? You really need to think about lhal Maybe it was a mistake to have dogs unleashed at parks Well, we all learned from this ordeal and now It is time to fix it ff set hours are established, then there Is no need to find out what Is going on with acbvitles at cerlam par1<s It should be set bmeS for al Englewood par1<s so no one wm be confused and there will be no excuses, Just as you have 1n all Englewood parks You have set bmes that when you will • open and when you close II you go lo set hours. are you wtl~ng to put your fam~y at nsk when a Code E"' ·cement ,s al one of the pa rks deahng with a dog being off leash al the ttme that that ts set for them? Are you wlll,n~ 'o deal with the 1ss•·e in a few months because dog owners are refusing to put their dogs on leash? How Is this go,ng to be enforced? w,n the y get ticketed? Who \nows? Will they stick around to be c,ted? I highly doubl 11 It will be he said/she said and nothing w1U happen an.J of course, we 'Mff be back to square one Are you Englewood City Council August 17, 2009 .Page3 willing lo take that chance and see the beal go on and on again? Wouldn't 11 be easier 1ust to put all dogs on leashes across the board? Emme 3nd Dorothy from CenteM1aJ could not be here tonight because of pnor engagements They asked me to relate a couple of issues for them One Is, dunng the Parks and Rec meebng, th•'Y felt that Englewood Unleashed was Indcahng to let the elders walk into the sunset and not come back lo life Number two, lhat children should be washed and lhrown out with lhe water Number three. if set hours are done. make the hours from 8·30 AM to 8 30 PM because the elders do tht"r walking m the early hours before It gets too hot for them And number four, they would s1111 hke lo have• al l dogs on leash al all hours so children and families can continue enjoying the parks as It should be I would hke lo ask W;,yne Oakley, since lhe fence proposal was shol down, are you willing lo slick with you r guns now so lllal all Eng lewood parks can be a safe environment for all the people as you have indleated? And Jill, I would really like to have you removed from any dog rssues that Is being presented I have heard from many people about your status with Eng lewood Unleashed I have kept an open mind and wan led lo see for myself 11 this was ltue 01 not and from what I have seen so far. you are playing both sides of the com We have all noticed that you roll your eyes when we speak of the safely of people and what Is going on with the parks When the film was shown at the last meeting. you turned away from it You refused to see it Even though you have seen 11 before, hke the other Council members . you gave no respecl lo whal was being sh .wn That was very disrespectful as a Council person You were the teacher 10< Englewood Unleashed on what moves to make for City Council can ag,ree with them When you talked at the Study Session, you gave It all away Lei's co-exist Englewood Unleashed knew exacuy what to talk about at the Counc,I meeUng Let's co-exist This is your baby and you want the control over the parks. We just don't ,;ee you as a fair pe rson to look at bolh sides fairly as all the other Council people have been You are supposed to be here f01 the safety of the people, not to frown that we want dogs on leash for our safety. So we are asking all Council Members to have JIii removed from voUng on this issue. I know she is your fnend and your collogue but we want people that can be honest and see the safety of our children and families. even 11 It means grving up something at_h_a~ was founded by them. One other thing JIii, don't tell me lo co-exist with a dog It is like saying we need 10 ~•isl with the animals at the zoo. I personally will co-exist with you and other people who can have a conversation. Remember, dogs don't put money on our table. They don't pay taxes. They don't even vote They don't contnbute to anything except being your best fnend They are not our ful\Jre . They are just animals. So you can stop say,ng we need to co-exist This Is ~dlculous. And if that means that I am an anti-dog or dog hater to you. then so be It At least I know that I have the common sense to know l he difference between an animal and a person. At the Pa rks and Rec meeting , lhere were four peop le who understood the meaning that parks should be sa fe f0< residents and children to play, have picnics, have sports and not have dogs 1nfnnge on them while they are there At the last Council meeting. we asked lhat there be a motion to put dogs on leash at all Englewood parks but Council wa nted to watt for the verdict of the feric1ng. Now that the fencing was defeated, we ask again that a motion be made tonight that dogs be on leashes at all times for the peoples' safety Remember there was 75% Englewood petitioners that want the1t parks back. And as we said the prayer, you are here to serve the people and that is what we are looking for .. all Englewood res1denls that have signed the peUhon and lhal is all that we are asking We are not asking lo get nd of the dogs. We are asking just to put them on their leash at aR times There is no confusion We are not back here In another year wasting your time . Thank you Mayor Woodward said thank you. Recognttlon of Un•~~ed11led Public Comment (a) Laura Bartnick. au Englewood resident. said I've got 4 hand written pages here so If I go over. my husband I~ yoing to take over Ire, n there so just let me know I am here tonlgt,t to ask you 11 you really did intend to grandfau,er us M , 'Of Woodward said would you stale your name and address for the record, please. Ms. Bartnick said I'm sorry. I L :cu~~t you toltoduced us Bill and Laura Bartnick May0< Woodward said and your address Ms Bartnick said 111 -~k you have my address Counctt Member Moore said ii Is for the record Ms. Bartnick Ms Bartn ick complleJ by providing her address She said Mayor, If you really intended to grandfather us with the ordinance. I wou:.. ask that you would do that It Is time for you to use your power to do lhe right thing • nd rectify the reputation of Englewood. You can lead the way and you can use your trump card. Thursday tternoon at trial proved to be an exc1tIng and momentous tum of events In our favor. You could get a copy of that last hour of shpulatlnn from dlsm,ssal of charges and the discussions that ensued from the court It IS only an hou(s worth of listening to We were only a couple ol hours into tnal when the new boarding house ordinance was completely gutted Tricia Langon. In her testimony. admitted that we were not a business, dIscred111n9 Ann O.ake's tes11mony and that we were not a home occupation either. making your own ordinance requ,r,ng a license Englewood City Council August 17, 2009 Page, o, permit groundless and 111vahd for our household Then Lance Smith took the stand and admitted on record that we did have a vahd homeowner's permit and that we were completely wrth1n the law and Wlll>ui our nghts lo have our fnends help us The court delermined thal he invalidated our permit based on an order from lhe C1ly and a hearsay document that could nol be entered into evidence With lhe winds knocked out of the prosecution's sails, Margeson shpulaled to d1sm1ss on both charges of home occupation and licensure ,n our favor We are a private resodenee, not a business Mayor, I believe you have a consc,ence and you have a heart I think last year when this ordinance was scheculed for second reading during consbluloon week, that you ~ a window into your soul Do you recall that I® said lhal m the light of the fact that ii was constttutlon week, you hesitated to approve the ordinance? I don't know whether you were thinking of your oath to uphold the constitution or whal but your consct0us was definrtely al worlc . Then Mr Jefferson agreed and said he would like l o propose a soluhon to the ordinance by amending t to include a grandfalhenng provision This ,s a significant mod1ftcation to the intenl and purpose of the ordinance There were two problems with hrs amendment however The first was lhat ii required us to upgrade our entlrely finished and inspected home to the newest inlernat1onal building code and prove that those inspections took place. Of course, we couldn't physicany comply with that requiremenl You can lead a horse to water bol you can'I make him drink I acllJally didn't know that nol being able to physically comply w1lh the law is a jury lnslruction for zoning ordinances until lhe Judge read lhese instructions al the end ol the lnal to the jury, Up untrl thal poinl, every allomey we had hired lold us lhat we were doomed because In criminal zomng matters the City doesn't have to prove our Intent was to disobey. They also don1 have lo prove that there is any harm done or that there was any real victim. So when Ron Noff5111ger look lhe stand to tesUfy all he had to say was lhal he regular1y saw a person drive up to lhe house, park the car and go inside. And lhen he could tell that they were hvlng there because a light went on in the upstairs window. Now. if that is a crime to you, please keep gomg tn this direction and crucify us because I can assure you that It takes real guts to use your trump card and tum this ship around. But If ii Is a crime. a crime ol morals, as the zoning household definlbon categorizes tt in the penalties clause, then the City will be fraught with lawsutls and prosecutions The people wfll rebel againsl such shoci<lng standards of justice and due process. II Is the same thing to make us register as making the Jews wear arm bands Just because they were Jews This City's housing status wil not be upgraded because ol fear ol whal EngleWOOd did to us and lo our weU meaning friends. This story wi ll become a maxim around households here and things will rot rather than people trying to attempt lo fix things or invest In their homes We al get the message here that we are doomed 1f we try. nus second lhing wrong with Joe's amendment was that Council and slaff failed to send it back to Planning and Zoning for their study and recommendation This Is against Section 58 ol the City Cha"er which demands fo, any mocllflcation or any amendment to be sent back to Planning and Zoning Our attorney, Robert Gallagher, then went a step further In tnal and motioned the court to dismiss the last two shells ol the charges of boarding house because the guts had been removed You can't force a burden ol registration on one household that you don'I require on all oU,er normal households. Never mind the fact thal everyone Involved knows all ol our conslruclion was completed ,n 2007 and a year taler, on the date or the complaint, we oe"arnly were nol doing Chnstmas time construction We were entertaining. There were no aclive permits requiring any final inspections due. All ol lhis caused ... Mayor Woodward said her bme was up. Ms. Bartnick asked her husband 1f he wanted to read the last paragraph Mayor Woodward said she could read it Ms, Bartnick said thank you, my husband Is dyslexic. He actually Is one of those people that are a protected member of n soc1ely so I'm also putting you on notice ror that She said all of this caused a long pause from the judge lhat afternoon He knew that 2007 was being mixed up with 2008 in the Jury's minds. There was an awkward silence and lhen the Judge admitted there was very little left for the City on which to hang rts hal This was all out of the jury's heanng. They didn't hear what was going on. Nevertheless, pause. pause, pause, he stcfestepped the legalities because ·,1 goes 10 the heart of lhe ordinance', another pause, and he deferred lo the Jury to decide the facts Being found guilty ol an ~legal and 1nvaltcf law!; plain error but on Friday thal ,s exactly what lhe court allowed to happen II you dio not acquit us tonlghl or very soon, we would at least apprecrale the good faith ol sending us a quick letter detaihng the correct regulalions, the correct lees, sending the corrected reg1stral10n lo,ms and whatever else we have to comply with In order to keep our household In Englewood either as a boarding house or as a small group home which we also feel we comply with Thank you very much I am going lo give you a couple of Supreme Court laws for you to loot< over in your decision Mayor Woodward said thank you (bl Steve Schalk, an Englewood bus,ness owner, said I am one of the owners and managers of the Gothic Theatre and also to Moe's Ongmal Barbecue and a business owner here m Englewood I am here to kind of lollow up afler you guys heard from Jon Cook a couple of weeks ago 1 want lo discuss sign code and I want to • • • Englewood City Council August 17, 2009 .Pages remind the City and the residents that 80% of the revenues lhat comes to run th1s C11y come from businesses and aboul 20%. I understand, comes from the residents There Is nol much of a business voice In the City We l1ghl for our businesses 10 slay 1n business aod lhe sign code needs to be overhauled Banners, sandwich boards and murals have been an Issue and we are 001ng our best to commun,cale to the community out there and trying lo bnng on business 10 try lo help support the City and somelhtng needs to happen f have banners up I've laken them down , And we go after businesses like Headed West, who has a mura l up. I don't know how much lime and effort has been spenl to go after lhis fellow wilh a mural, Also. too, Liquor Barn has a mural up Ale we gomg after them? The mural code here 1s a 10 x 10 I tned 10 do a mural on the side ol my budding because ~ wdl help alleviate any graffiti. That is not a big enough area to put up a mural. You need a bigger area We need to be able to promote . , and we nee d to be able to promote business You know, I mean, we need to help this City. So I suggest lhat we suspend the sign code, you know, enforcements unli l lhe sign code can be reviewed And I would suggest that ACE, which I have been a membef of for a number of years, maybe head up the reviewing of the sign code and maybe bnng some sugges110ns to C,ty Counc,t as to maybe how we can move forward on that It 1s a first amendment law that allows us to really communicate out there and I think, Dan, that you have been up against this now and I think we are sllll up against lhls. And the murals are still up and we are still fighting. What are we fighting for? LP.l's review this sign code let's suspend Tricia from coming after us. I am l~ed of il Also too, I would suggest overhaul Commuru1y Development and I would suggest a new btle would be Business Community Developmenl If we can support business and create more business, we can have more tax revenue to help support the City . It is very d1ff,cult. I made a phone call to Alan a couple of weeks ago: the same week I guess that Jon Cook had an Issue wilh the banners. and the commenls always back from Alan and/or Gary when I make a phone call is, well you can bnng this to City Council. Thal Is not an answer. That is not the answer that I am looking for. The answer that I am looking for is we wi1 try to help you Maybe you should bnng tt lo City Council. If you don't feel that tt Is something you want to bring to City Council, then maybe I •~ill bring It to City Council. Bui help support the businesses, The businesses do need that support. Dog .-:ashing Is an Important situallon obviously, I got the pleasure of reading the Westword this last week, reading about my building and the City of Englewood talking about dog poo in the park. We should think about businesses and you know, deal with some of these other Issues also too, but without the revenues from the businesses, we wouldn't be here, Mayor Woodward said thank you (c) Linda Counterman, an Englewood resident, said I am here to talk about Jason Park. Some of you already know me. I was known as the one that lead the charge to keep dogs and put them back on leash at Bates-Logan Park So many arguments that you guys are receiving regarding dogs being off leash; revenue, safety, socializing, the first City that would receive the newest state of the crew. disposal facilrties for dogs, but we need to focus on the ,ssue at hand and that ,s a free range off leash dog park. This Is not safe It is nol safe for the dog owners, for the dogs or other visitors at the park. It ls the owner's responsibility to make the park a place that all can go to use and feel safe and use II right. By not fencing these dogs In, not everyone enjoys the park They get unsolicited dog approaches Some people are afraid of dogs Some kids are little and get l<nocked down. Elderly can get knocked 011er and break a leg. This atso does not make rt safe for the dog owner They can be sued for such action So what makes a safe dog park .. ,fencing , What makes a park so that when dogs are running for everyone to use ... fencing . I undersiand that dogs and lhe dog owners need a place to go where they can run their dogs, but it needs to be done properly The City of Englewood already put 1n one dog park We led an off-leash dog park task force. Several people spent several hours to get It done and get rt done nght. For the City the size of Englewood , why do we need more than one dog park and 1n the event that we do need more than one dog park, could we do It right and get another park that has the space pre-fenced or perhaps Isn't being used widely by children and sports? I am not here to tell you that dogs don't need a place to run but I am here to ten you that any time that somebody wants to humanlze an animat by call,ng It a fur cluld, they are still animals walking on four legs with fur Our children and our Citizens here 1n the City of Englewood are the people that need to be pleased And I have heard several cries coming to me 10 help gel these dogs back on leash at &Jason , Why do they feel they need to come to me? I don't sit on City Council I'm not the Mayor of the City of Wl:nglewood They should be able lo go to you and give you the same arguments that I have JUSt given you today And I am not arguing aga,n I am iust stating facls that ,n order to do this nght again, we need a fenced area . II Just doesn't mix for everyone lo enJOY the park when dogs are gMng you unsohclled approaches II 1s again, not safe for lhe dogs They walk out in10 the parking lot. They approach cars. This puts the dnver al risk for hilting an animal that I am sure that they wouldn'I want to do This puts the dog owner at risk for losing a dog and/or Englewood City Council August 17, 2009 Paga 6 being sued for, again, an unsohc1ted approach It destroys lhe cars as dogs Jump on lhe cars in par1<1ng leis 10 see 1f a Fido fnend ,s In the car thal someone Is pu lhng up 1n again safely I think w~ need to keep on focus nol deciding ,f revenue IS part of hav,ng people come In and let thetr dogs run free Thank you Mayor Wocidward said thank you (d) Robert J. Corry, Jr., a Denver altomey. said my websde Is ww,,, robcorry com I am an all, mey • al law, licensed to practice on Colorado I am here to speak on your second reading of the moratonum for -,.u,cal marijuana growing and dispensing in the City of Englewood I am here to oppose II for a number of reasons a1 .d I will try to be brief and please stop me if t go over my limit, Mr Mayor The reason that I am opposing 11 is because there are people currently in need In Colorado of medical mariJuana It would be a bad 1dM foe the .,;;ty of Englewood to essenllally remove itseU from the grOWIIIQ, no pun intended, growing and develop,0 g economy Ihat we have here In the Slate of Colorado. Certainly there are reasonab le people on both sides of tho. medi1:al marijuana debate We had that debate in 2000 when tile voters of the State of Colorado voted ove· ~ . ;~1Pt111gly lo legalize man1uana for medical use. This was back in 2000. For many years, this program was al a ;e· 1 ;mall level preceded in Its infancy There were very few busmesses Very few people d1spensIng maniuan.i 111,a chargmg sales tax for rt Now, 9 years later, the business 1s grOW1ng up. My chents are putting on sulls and lies; they are hiring attorneys; they are paying sales laxes, they are registering with the State: they are paying lheif Income taxes at both the Stale and Federal level; and they are leg1bmaliz1ng themselves , We understand and acknowledge that mar11uana has a complicated cultural history In Amertca There Is no doubt aboul IL For the vast maJority of our country's hIsIory. maniuana was legal Foe the pasl few decades, ~ has been Inegal. That is changing. II ls changing for the better. People who are sick and dying and suffering find relief from medical marijuana Medical maOJuana is go,ng to be disllibuled II ls go,ng to be grovm. It Is going to be done so throughou1 Colorado. It may be occurring In Englewood although I am not aware or any currently right now In the City of Englewood But what your moralorium would do Is. basically. the City of Englewood would be walking • away from hundreds of thousands, potentially minions of dollars or revenue from these businesses. Let me give you an Idea of the numbers The average dispensary probably sen1es 10 or so cuslomers a day An ounce of marijuana costs $300 00 oe more currently, under current price, These are very raw esllmates from me based on talking to my clients. So, do the malh. The City of Englewood could be walking away from a lot of tax dollars foe the next sor months and this is a ctrucal six months ,n ,he development of these businesses. We have had a couple of major occurrences that have ca used these b"slnesses 10 slart lo grow al a higher rate. One of those was July 20". the Board of Health had a heamg and decided to reject limitat,ons on patients per caregiver A lol of people were waItIng to gel inlo the business to see how that hearing developed. That hearing came out In favor of the patienls and the caregivers Therefore, many other people went into that business So the next six months, I l)ledlcl and I am pretty involved wdh this industry I have represented over 100 clients and I've been dolng II for 9 years and I also do a lot of cri .. Inal defense work and the prosecuoons on this are declining, which Is also causing more people to enter into this as a business. In lhe next six months, you w,n see probably a hundred dispensaries open in the Denver metro area , at leasl The number of patients Is Increasing al an alarmingly fasl rale which is a good thing because more and more people are becoming legal medical marijuana pabenls using doctor's recommendalions to do so And so what you are going lo see Is, Denver will probably have a hundred, umncorporaled Arapahoe County probably fifty and neighboring c,ties an around Englewood wiff have an increase in this. Now there Is no evidence lhal these bus inesses are any less safe than bars that sen1e liquor at nlghl No evidence that lhese businesses are any less safe than the Walgreens pharmacy that has OxyContin, Pl!fcocel and other highly addictive, very potenl narcot11:s behind ,ts doors and those places do gel robbed from time to lime As far as I know. there has only been or,e robbery of a dispensary in Colorado m 9 years of these being operated aM thal was ,n Boulder recently. So there Is really no evidence that lhese businesses, which generally do nol opera le at nlghl and the patienls are nol medicating on the premises They are very confidential i ,,ey are very dISC1eel by necesstty because lhe,r customers. the pahents, want 11 that way No evidence lhal these businesses are in any way a threat lo lhe heallh and safety of anybody whatsoever They are very peaceful They are very quiel They are very d1SC1eel and" JUSl would be unfortunate that the medical marijuana patients who live and reside In Englewood, some of whom are disabled, confined to wheelchairs and not very mobile, • velerans who sen1ed their country who are suffenng from severe in1unes .. those residents. your const,tuents , w,11 be denied a safe, convenienl method 10 obIa,n their medicine for the nexl six monlhs The City will be denied a significant tax revenue from these businesses They will be operabng all around your City, ""'51 hkely No other City, to my knowledge, ,n lhe metro area has opted lo adopt one of lhose moratonums. If you adopl this moralorium on second reading. you will be oo,ng so for reasons lhat are nol dernonsuated by an1 facts or Englewood City Cou ncil August 17, 2009 .Page7 evidence whatsoever that there is anything wrong wrtll these businesses at a~ What I am here to do tonight and ~,nee I am gomg over, I want to offer my services free or charge to your C,ly Attorney and your Clly lo help you devise any regulations that may address the concerns ol the sponsors or this boll I am happy to do so I won't bill you a penny fot ,t so ~tease contact me I thin~ you've got my phone number, m~ webs le and everything and I wish I could slay around lot your debate on this boll bu! I've got two young daughters. ages 4 and 1 back home, so that is Why I will not be here to see how you debate ii. But thank you very much for listening to me. MayOI Woodward said thank you (e) Laurell Barrentine, an En~lewood resident. said I have done something that I am very, very pied or and I am now currenUy the Cha • fOI Englewood Citizens lot Open Govemmen~ an organizabon lhat I am extremely proud or represenbng. One of the things that ECOG, that 1s for short, has pro,nded, Is an aud,o or all c • the Council and Study Sessions for more than a year now and that Is transparuncy, that's openness, that's hislOfY, thal's rec01ds. that's Important One of the things that makes that lmportanL .. hlSlory and background I am pretty sure Mayor Woodward and Jill Wolson are very keenly aware or recently. I would hlle to ask you a questron. Why did you not disclose to Martha and the citizens that were upset about Jason Park thal you guys were not only rounding members or Englewood Unleashed but wrongly take up citizen's positions on the Parks and Rel' Board anJ Code Enf01cement? Why did you hide that from them? Council also needs to stop using John Moore as your historian as he rarely has his facts right You have JUSbfled allowing these two people to take up citizens positions on Boards because or me. The shining example of Laurett Barrentine and then all or a sudden, JUI Wilson decides to follow In my footsteps and MaYOf Woodward. What you fOIQ8t is, is that haff way through my temi, and I sat on the Englewood Liquor Licensing Authority because the City Attorney told me that legally I could. Half way through my term, I realized that was arrogant and wrong and It was a mistake and I a°rrected It. Follow In my footsteps and get off •.' those Boards and let the citizens have the spot on the Boards W'.s they should. Woodward, IOI goodness sakti iust because It Is hard to get on U1e Parks and Rec Board and Jill Wilson, you stay on Code Enforcement becl,use you shouldn't be punished to get off an Advisory Council because you got elected . It Is absolutely ridiculous. One of the biggest mistakes I made Is that I went lo the City AII01ney. A City Attorney ,s going to teU you guys, like he did me IOI four yeara, whoch you want to hear what you can gel away With Attorneys are not Jhe compass for moral and ethical behavior. It Is not the advice they give. Stop making de<:lslons based on what the City Attorney tells you thal you can ge t away with . ,., o result of this behavior, you have people like Kim Love, Chair or Englewood Unleashed, organizabon that you two were fourtd,ng members of, an organization that has 60% of its members, according to what he told Channel 7, don1 even live in the Coty of Englewood A man that brags lhat he can control our elecbons and :h.-eaten City Council candid ates. JIii, Jim, why does he brag he conlrols Ctty Council? Why does he brag that he controls Parks and Rec? Why does he brag that he controls Code Enforcement? Maybe ifs because he clo:s I think that both of you should recuse yourself from any vote on Jason Park and you should get off the citizens Bo.:,rds and allow the citizens to have a voice in Englewood Instead or bei ng afra id that you can't control everything that Is going on MaYOf Woodward said thank you. (I) Da vid Schmal, an Englewood resident. said Councll Members, Mr. Mayor, Ladles arid GenUemen, I live about one block south of Jason Park I have two sons: 2 year old SaX' ,. who is with n •• here. and my 4 year old. We frequent Jason Park . We have been in the Coty or Engle ◄ lot more than 10 years now and I would Just come before you tonight and like so many who have said t,, ne, we need to be very cautious or the choices we are making about no ;eash conslderaUons at Jason Par e been at th.! park as a father and as an uncle of more than 15 ctuldren between tne ages of 1 and 1 O. When ~ .• get a bunch of small children !here and you are trying to supervise them, you have dogs there running all over the place, that const,tutes a dangerous situ ation I've been an educator In the State of Colorado for more than a quarter or a century now. I've worked In elementa,y school$, I've worked in high schools and presently tam at Aurora West College PreparaJOI)' Academy which Is formerly Wesl Middle School of Aur01a . And one of the things that I have • earned as an educator Is that you don't wait when children are Involved for something untoward to happen, or ome disaster 01 mistake or attack to occu: You need to be proachve And al1owlng the no leash conslderatron al Jason Park to move forward ,s not proactrve It rs dangerous It may take a child being attacked 01 mauled to get the City of Englewood Into the newspapers and on the televls,ons with negative kinds of publicity, which ,s quite unnecessary There are surrlc,enl opportunities fot people with dogs to use the parks that are provided now, .,..hich are specof,call~ designed IOI dogs So agaon, we 1ust ask you to consider that pro-actrv,toes ,s the alblude Englewood City Council Augu,t 17, 2009 Pagel: we should take towards Jason Park and keeping 1t free of dogs, espec,any dogs off of leash and allow 11 to be f0< families for sma ll children , for the elderly and a safe e w,ronment Thank you Mayor Woodward said thank you (g) Kim Love , a Littleton resident, said gooe evening Council Members and Honorable Mayor As • you all know, I am President of Englewooe Unleashed and I wanted lo thank C,ty Council and wanted you all to know lhal we respect that you moved the Jason and Centennial dog park issues to the Parks and Rec Commission Last Thursday we had lhe opportunity to listen to and speak to the Commiss,on at the meeting at ,Json Park on Thursday evening And after much testimony, we heard Tracy Jones say that the s,gned hours would tie an acceptable way to co-exist So after one of the Commlss,oners asked tor further comments, I took that opportunity to say ·eureka", we finally have a compromise II doesnl appear that Ms Griego heard what het own daughter said. especially about where the off-leash hours would be applicable, and we were loolnng fo, a way to co-cxisL As far as Couoolmau Oakley 1n this concern, saying co-exisl that is something that has been on a bumper sucker for a decade. It Is nothing thal he ,nvented He didn't coin that phrase So co-exi st Is an tnat we WO<lld hke to do and try to find a fair compromise for people w,th pets that use the dog parks The head of oc, Parks and Rec Commission, Austin Gomes, did not beheve dogs should be off-leash because of the danger to the elderly Coes that mean if a child fa lls off lhe ?lay set of a swing, that the swing set should be removed from the playground? I don't think so. Englewood Un leashed has concins, of course, for safety of thij kids . That Is one of ,he •easons that we want to co-exls: and find a compromi se. And we think hours ce rtainly makes sense so that dOAS aren't arou nd when the children are aroun d, especia lly when they are or, the playground or anywhere else In the park, So, we are always ... and have been looklng ... for a compromise . We do want lo CJ•exlst Jill WIison was an EU member from the very beg Inn .. ,g a few years ago She has no longer been a member and we don't feel that she should be because ii certal•" is a conflict of lnteresL There is no conflict here because, of course, ..he Is a rnember of City Council and s~, ot a member of Englewood Unleashed The numbers that I have told • • ,ere accurate We did our lrllemal audit. ur Past President and Membership Chairman, Alice Hanna, did a ;iembership survey and as of through last nighl we had slightly over 50% that were Englewood residents .50- po,nt something and we had 49-point something that was non-Englewood residents. as far as our membership goes S • those are accurate numbers, so any other numbers that you have heard are inaccurate I was quoled "II the tet,,v1sion as 41 %, at that time, were Englewood residents and that was based on a few weeks ago when lhJt 1nte·,, v was done. But after we looked at the membership and we double checked thetr address with Englewrvd ,-e wanted to make sure we had the right numbers. So, we think there Is a way to co-exist It is really ,rn , rant that we all do and lhal we find a fair compromise for everybody involved. Thank you for your llme this evening . Mayor Wuodward said thank you. (h) Alexia Griego sal quieUy Mayor Woodward said do you know your address? Ms, Griego did noL Mayor Woodward asked did you have s,mething to tell us tonight Ms. Griego said yes. Mayor Woodward said what was 117 Ms Gnego said I don't like he dogs jumping on us Mayor Woodward said thank you for coming up and talking to us Ms Gnego said okay (r) Tracy Jones. a Highlands Ranch resident, said hello Council, I wasn't planning on coming and speaking today t was Just going to be here to support my Morn but obviously I can't keep my mouth closed I 1ust wanted to JOI down a few things that. .. Last week when we were at the Parl<s and Rec meetJng, there was a few people there who didn1 have any children and they made the comment that they pay taxes for our kids to go to school Well. they pay the taxes and I am grateful that they do pay the taxes but they pay the taxes because the kids are going to grow up, they are going to be the ones working at restaurants, they could be a police officer, a fi reman , who knows, they may be sitting on City Council o ne day. Bui they are going to be a part of their future . They are going to be affecting them . Who knows? They may be even working in a nursing home taking care of • them when they gel older But that is why they pay the schrol taxes and hopefully they understand why. Unfortunate ly, dogs, when they grow up, they Just get old. They are great companions but they are not going to l!lke care of you when you get that old They are not going to be changing your bedding or helping you around the house doing your house cleaning The park needs to be safe, not jusl for our children but also for the elderly The elderly , I think, need more we have been up here primarily speaking about the kids because I was lirsl here Englewood City Council August 17, 2009 ,;age9 to speak on my kids behalf because I am worned aboul them But I,s1ening 10 everyone else speak and I ke with Emme lhe elderly. I feel badly for them because I kmd of nett them out and they need Just as much safety as our k,ds do. So please, keep bolh of lhern in mind whrle you try and decide on whal lo do whJt's besl And then . for con1t1buhng lo Englewood. I'm t,red of the Jabs lhe personal 13bs lo my mother espec,any bu~ and with lhe Englewood Unleashed lry,ng lo make Jabs al everyone else. callrng us dog haters or anti-dog ,s whal they called us We are nol anU-dogs We love dogs But I con111bule to Englewood. even lhougll I don'I IM? ,n Englewood I regtSler my gvls here ,n swim lessons I personally play volleyball here and I registered ,n softball here for years I am constanlly here shopping and eating. more eallng lhowah than shopping, and we have lhree httle moulhs to feed over !here But I )USI wish that you guys can all come to a good understanding of why I am shU here and wan:Ing the parks to be sale. I )usl think It Is disturbing thal a lot of the Englewood residents lhat live right around Jason Park refuse 10 go to the park because of the dog ,ssues It is pretty sad when you can't use your neighborhood park that you have lo drive, even n you have to dnve to Belleview Park that ,s still pretty shabby lhal you can'I use your neighborhood park because ol lhe dogs. Remember that Jason is not a dog park. It's an off-leash pnvilege park This is meant for the surrounding neighbors for Jason to let their dogs off.leash when they were o•JI walking their dogs but unfortunately, word got out that it Is a dog park and it Is nol So I just wanl to make that clear to Englewood Unleashed and other people who don't understand that it ,s a ktds' park with off• leash pr:· .. le ies that need to be revoked I am soiry but I have to address this because I know v·~at his whole plan is, Is to try to pin my mother and I against each other on what we agree with. Me and my Mom, we don't agree on e, erythlng an of the bme because we are mothet and daughter, thal Is what happens. But I was here 10 speak for ,he kids, lhat my kids aren't going to be al the park at 8 o'ciock In the morning. I am lucily to get them ready t, 8 o'clock m the morning and lhat is why I satd the hme schedule is good. I believe that 8:30 to 8.30 is a gOC'J time schedule just because the elderly do wake up re-ally early and lhey like to walk around the park before t•,e sun gets loo hOt In the summer I'm still okay with the time schedule but I don't lhlnk we should have to be • forced to fllle with the dogs between those times and I think on the weekends there should be no dogs at the park ecause II Is constantly busy, whether it is regis tered sports or just people out there playing Tne dange11 on the sw,ngs ... we undel1 tand the dangers on the swings We unde11tand the dangers in our own back yard that kids are going to climb, kids are going to fall. We understand those things and that Is why we are there to supervise them on the equipment That IS our respons1btlity If the kid was to ran Now If there was glass on the playground or broken equIpmenl, then it Is Englewood's responsibility to take •are of that But we shouldn't have to take responsibility and be aware and watch out for our ktds because .;omeone wants to let thetr dog run loose and run around That ,s not our responsibility It 1s the ownefs resl)0!1s1bihty and unfortunately, they're not. They're not responsible ... not all , but most For the members that have signed, he said that I think there IS 50% of members of Englewood Unleashed lhat are Englewood residents, I was Just wondenng if he can tell us how many actually signed the petition that are Englewood members .. or Englewood residents. not neces~anly who Is on their membership, if they are Englewood or not Englewood residents Thank you fo, your 1. -ne. Mayor Woodward said thank you. W Etta WIikinson, an Englewood resident, said good evening, I found it very d1sturbmg last Ume we were here when a Councd Member turned the.-back to a young honor roll student that presented a video to the panel regarding dogs I felt hke th,s representative turned tier back on the young lady, the Issue, as well as me. And the people out there lhat feel in fear and feel the same is coming II noth11g IS done Someone Is go,ng to gel bit If you don't do sornelhmg about it My grandson Is 4 years old. He is In the Englewood Aclivltres magazine, to, this fa ll right now, as lhe preschoo l poster child He has been going lo Englewood Rec Center schools, aD the sports programs, was very actrve and I would hke h,m to lol0k the same, not get bit.. something done after the fact and I wm tel1 you why, right now. As wel l as I have a deveI0pmentally disabled person that Is afraid of loose dogs Key words, loose dogs To the point where Swedish Hosp,tal becomes part of our routine for high blood pressure He ,s autistic. He Is 57 years old and he Is my responsibility and I take my job very ser10usly. I ta ke excellent care of him And that is jusl the beginning Alter thal, we come inlo rocking to calm him back down, let:ing him know he 1s sale: he's okay, reassuring him, I don't mind do,ng my Job I love my job. But, I do mind • hen we are distracted from the goals for loose dogs or to turn over loose dogs You can see the park from my onl porch We have to go around the otho• way because tie~ scared He ,s 57 years old He votes. He has rights He pays taxes I am his voice and I want 10 be loud I want him heard, because he doesn't have the capability He leans on me and I lean on you It's not faw He should be able 10 go to the parll and not stt on the front porch looking al 1he sw,ngs, w,shrng he could be lhere He Is afraid Come on Dogs belong on a leash There are days you go by that park and 11 ,s a dog park We moved !here so lhal we could enJOY ~-not be afraid Englewood City Council August 17. 2009 Page 10 of ,1 It Just freaks me out I cant believe that we have to walk away from a place that was made to go to Grve me a break You work for us Listen to the people Put them on a leash Theres co-ex1st1ng I have a dog and nobody rn my neighborhood even knows ti Thal 1s all I ha,e Mayor Woodward sard thank you Mayor Woodward said that completes our s,gnup for unscheduled visitors If there are others who would lrke lo speak, they writ ha,e the oppor1untty at the end of the meeting So we will proceed wdh our Agenda at this hme Continued to pn0< to General D1scuss,on (Agenda Item # 12) 8. Communications, Proclamations and Appointments (a) A proctamatJon declanng lhe C~y of Englewood's commrtment to partnering wilh the L' S Census Bureau lo help ensure a full and accurate count an 2010 was considered. CO UNCIL MEMBER PENN MOVED, AND COUNCIL MEMBER JEFFERSON SECONDED, TO APPROVE TH E PROCLAMATI ON DECLARING THE CITY OF ENGLEWOOD 'S COMMITMENT TO PARTNERING WITH THE U.S. CENSUS BUREAU TD HELP ENSURE A FUbb AND ACC URATE COUNT IN 2010, Mayor Woodward asked if there were any comments • Mayor Woodward said I iust want to mention a few !hangs from the proclamation for lhe record and that is an accu·ate cens.,s count Is v,tal to our community and resident's wellbeing by helping planners determine where to locate scho-.. ,, day:are r.ent~rs. roaus and publ,c transpcrtahon, hospitals and olher faclhties In achieving an • a..:urate con,~lele count of the nahons' growing and changing population More than three hundred m,Uaon dollars per year Ir r edcral and Stale funding is allocated to states and communities based an part on census data and lhe ln l0<m;., m coleeled by the census • confidenbal and protected by law Mayor Wood.vard a~rec, ,, there were any olher comments There were none Motion earned '•v•:: Council Members Penn. McCashn, Moore, Woodward Jefferson, Wilson, Oakley NJys None MJyor Woodward said nol seeing anyone here to accept this proclamation; we will see that they receive ii (b) A proclamabon dectanng September as Nataonal Alcohol and Drug Addiction Recovery Month COUNCIL MEMBER McCASLIN MOVED, AND COU NCIL MEMBER WI LSON SECO NDED, TO APPROVE THE PROCLAMATION DECLARING SEPTEMBER AS NATIONAL ALCOHOL ANO DRUG AD DICTION ~ECOVERY MONTH . May,, • ~. JWard as~ed ii there were any comments There were none Ayes Council Members Penn McCaslin, Moore, Woodward , Jefferson. Wi lson. Oakley Mot ,on carried Nays None Mayor W :,,a,d said not seemg anyone here lo accept this proclamation: we will see that they receive ,t 9 Con sent Agen da • Englewood City Council August 17, 2009 .Pagt11 (a) Approval of Ordinances on FIrsI Reading There were no add11,onal items submrtled for approval on first reading (See Agenda Item 11) COUNCIL MEMBER MOORE MOVED, AND COUNCIL MEMBER WILSON SECONDED, TO APPROVE CONSENT AGENDA ITEMS 9 (b) (I) and 9 (b (II), (b) Approval of Ordinances on Second Rea<fmg (ij ORDINANCE NO. 32, SERIES OF 2009 (COUNCIL BILL NO, 33, INTRODUCED BY COUNCIL MEMBER McCASLI N) AN ORDINANCE AUTl◄ORIZING AN INTERGOVERNMENTAL AGREEMENT RELATI NG TO THE DENVER METRO AUTO Tl1EFT TEAM BETWEEN THE PARTICIPATING LAW ENFORCEMENT AGENCIES ANO THE CITY OF ENGLEWOOD, COLORADO TO COMBAT AUTO THEFTS AND VEHICLE INSURANCE FRAUD IN THE DENVER METRO AREA (Ii) ORDINANCE NO. 33, SERIES OF 2009 (COU NCIL Bill NO 34, INTRODUCED BY COUNCIL MEMBER PENN) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT RELATING TO THE ADAM WALSH TASK FORCE · COLORADO BETWEEN THE PARTICIPATING LAW ENFORCEMENT AGENCIES ANO THE CITY OF ENGLEWOOD, COLORADO WHICH FOCUSES ON THE IDENTIFICATION, INVESTIGATION, LOCATION AND APPREHENSION OF NON-COMPLIANT SEX OFFENDERS FOR ~$SIBLE STATE OR FEDERAL PROSECUTIONS l'~IDER THE AUTHORITY AND UMBRELLA OF THE HIGH INTr NSITY DRUG TRAFFICKING AREA, FUGITIVE Ll'lCATION AND APPREHE NSION GROUP TASK r-01:cE Votv reault s. Motion carried Ayes. Council Members Penn, McCaslin. Moore, Woodward , Jefferson, Wilson, Oakley Nays None (c) Resolutions and Motions There were no add1lional reSOlut,oos or motlons submitted for approval (See Agenda Item 11) 1 0 Pu bile Hearing It em• No public hearing was scheduled before Council. 11 Ordinances, Resolutlon and Motions (a) Approval of Ordinances on First Reading (l) Director Gryglewlcz presented a recommendation from the Finance and AdmlnlstratJve Service • ~93r1ment to approve lhe proposed btl for an ordinance amending ~-4-7C of lhe Englewood Municipal Code, pertaining to license for relaller and vendor fee:; He said this Item was ditcu,sed pretty fully at the August 3'" Study Session Al lhat time, staff brought forward a proposal to reduce the v,,,,dor •ee from ,5 % of A59les taxes conecled to 0. After Council discussed it, Council compromised and decided to reo..ce lhat lo 25% W9nd thal Is what lhls ordinance, if Council approves, w,H go fo,ward I should say that one of lhe reasons !hat we did lh1s Is thal I think thal mosl people know that the City is dealing with a very dlfficutt budgel !his Will save about $48.000 00 and !hose fund~ can be used to pay for pof,ce, nre and olher services In the CO"!lmunity Mayor Woodward asked 1f there were any quesl10ns for Frank, The re were none Englewood City Council August 17, 2003 Page 12 COUNCIL MEMBER WILSON MOVED, ANO COUNCIL MEMBER PENN SECONDED, TO APPROVE AGENDA ITEM 11 (1) (I)· COU NCIL BILL NO. 36. COUNCIL Bill NO. 36, INTRODUCED BY COUNCIL MEMBER WILSON A BILL FOR AH ORDINANCE AMENDING TITLE 4, "HAPTER 4, SECTION 4, SUBSECTION 7 (C) OF THE E.NGl.EWOOO MUNICIPAL COOE 2000, PERTAINING TO LICENSE FOR RETAILER AND VENDOR ~EES. Mayor W~ asked If lhere Wffl! any questions. CoulCI Member Jelle!lon said I stil thklk that then! Is loo much of an additional burden on buslnesses with lhls. I know Ille average, with the average remittance, the difference would be a very small dollar r111ure and that Is what we're going to miss. Mayor Woodward said I just have one oomment I was reading the Utllelon Repoll, which Is their City ~. and they have had aomethlng smlar. Theirs was also lwo and a half ol lhe sales tax number and the change In their Code wffl now Impose a $100.00 llmlt to this deduction, effedive August of 2009. I would doubt bo many people gel ID a $100.001111., and then go on. Mayor Wcodwwd aked If lhefa were any olher c:omnw1ls. Theta MIii none. Voui rNIIIIII: Ayes: Motion carried. Nays: Council Membn Penn, Mc:Casln, Moofe. Woodward, Jefl'erson, 'Mlson, Oakley None (b) AppovaJ of Ordinances on Second Reading (I) Council Bil No. 35 all1borlzJng an emergency bil lo.' an on:tinanc:e establllhlng a temporary 1uspenllon or moratorium on the establishment of new medlcal r11811juana dispensing and growing uses lo.' a period of six months was considered. COUNCIL MEJIBER WIUION MOVED, AN D COUNCIL MEMBER OAKLEY SECONDED, TO APPROVE AGENDA ITEM 11 (b) (I)· ORDINAHCE NO. 34, SERIES OF 2009. ORDINANCE NO. 34, SERIES OF 2009 (COUNCIL BILL NO. 35. INTROOUCED BY CO\JNCIL MEMBER WILSON) AN EMERGENCY ORDINANCE ESTA81 1SHING A TEMPORARY SUSPENSION DR MORATORIUM ON THE ESTABLISHMENT OF NEW MEDICAL MARIJUANA DISPENSING AND GROWING USES FOR A PERIOO OF SIX MONTHS. Mayor Woodward asked If there were any commenlJ or dlscuulon. • • Coundl Membw Jellenon Aid yes. I guess fus1 in response IO Mr. Corry's comment I know he Is oppoaed lo the rnonilOrun citing no evidence of safety iuues c:cmpamg them IO ..• rm IIO!l'f ••• saying that they don1 have the same ulely luuea • perhaps bn and whalnol due among ... lhat we alow along 8/0adway. I know that we have some sort of pu1hbacit from the COIIVl1Ul1lty as far aa locating them ii our ratal areas near nelghbomoods and I am wondering, you know, If we could Just have a rrttte d11CUUlon about It? la the purpose of this raaly ID get • these P Ind Z things ii place? Ive we concerned about the zcn.-.g Issues? Ara we coocemed about tht ,afety Issues? What are our concems, I guess generally? I guess I would just lb lo sort Ol smcl<e out a little bll and .... (Thete were comments and laughler.) I guess I would just tike 10 get lo sortol the heart of our Issue hef8 with medical marijuana dispensaries. He made some comments about the lnduslly It.self and the revenue possibffitles. Md I generally agree, tt ls an expanaing bumess. There are revenues to be had then!, you know Englewood City Council August 17, 2009 .Page13 with our hcens1n9, with our tax collec tions . both good revenue sources . I think In the next sbc months, I can't see a ga,n In a 919anbc number We already have a couple operating here so I don't see that as a huge effect over the next s,x months But I guess. this is more posing as a question, is what type of issues dO we need to satisfy bef°'e we are ready to have them here? Council Member Wilson said I think zoning 1s key And I also th ink we are still providing some places for reSidents to go who have a need Council Member Jefferson said because we have at least one. maybe two, In our City now. Ms. Wilson said yeah. So, they were here before them, so ii is not like we don't have any They won't have to go far, but I think we need to look at It because II ,s so new. And lhere are many other cities. I was just talking to a resident who went to Silverthorne and they are wrestling with the same thing So I think, you know, ,rs important from what the c,ttzens I've tall<ed to, you know, do we want them close lo schools, dOwe want them I need to really take a good look before you won jump and let It go So now that we have some, but to look and see, you know, for me. Council Member Jefferson said I appreciate those comments Coune<l Member McCashn said I guess, we said six months but ii could be a shorter amount of hme? Council Member Jefferson said well, then I asked !hat question last time, you remember, and I got a response from Dan saying that even a six month window, redoing all that P and Z stuff, six months Is a pretty tight windOw within Itself So, that six months is probably going to ho4d up Mayor Woodward said It IS a matter of pnonbz1ng things that we have going on, that we have asked P and Z to do so. Mr Jeflers~n said sure . Council Member McCaslln said I mean, I would like to see H In here a lot quicker myself but I mean .... • Council Member Jefferson said agreed. And so again I guess my thought ls 1f II ls from a P and Z sland and from a zoning stand point, we don't want lo allow It on Broadway, maybe It Is appropriate for Industrial spaces I don1 know. I mean Is that something we need to go to P and ZJ Mayor Woodward said I think there are .~ongs that need to go to P and Z If, like a bar liquor license as a similarity, and schools or similar to lhal..there's ·.:J feel I believe, someth,ng kke that from S(;hools . That was one of a clbzen concem/complaint that I had although there was nothing , no schools close but it was too close b them As far as the need goes, I believe !here were two sales licenses at the very last meeting and Frank Is ... Frank Isn't here. I think there may be three now, I don't know, but there were at least two at that time. And when we are talking about a community the size of Englewood, you know, 11 one dog park is enough, two marijuana places are certainly enough Council Member Jefferson said and they dO de~vet Mr Woodward said wen I don't know anything about that but okay. Council Member Penn said I have the same question and I know we would be pushing H to get It under six months and I guess l am just wondering, how much more clarification we are going to get when we do send It to P and Z? And are they really golng to come back "Mth some different stuff other than what we already know? Mayor Woodward said well and I was also going to add that there are two cities that I'm aware of that are looking at •l which are Commerce Ctty and Breckenndge. Council Member Penn said they are loolting at a mofalortum? Mr Woodward said no, they are looking at It throug'h P and Z issues I don't know about a moratonum but I. .. Council Member Oakley said P and Z issues are certainly foremost with me and the very thing, that it has come on so fast. that I need to get a better handle on ii as to why all of a sudden It is coming on this last That Is one of the reasons that I asked for more ,nformallon on It And I would agree, if lher" are three ... and I thought I heard a ngure of four permits that were golng to be grandfathered lhal that certainl y would seive the medical needs for .Ix months not place a hardship Mayor Woodward said I heard lour too although there were only two sales tax licenses at that tune that had been pulled And the gentleman. one of the owners, did not seem inclined to inform hrs compeUlors Englewood Clly Council Aug ust 17, 2009 Pago 14 Counctl Member Jefferson sax! I lhlnk he was a illtle confused about Englewood city bounda<ld because the genlleman who owns the other dispensary was describing another one so maybe he meanl L•ll • ·•nor other muniCtpalll1es So that is where thal other higher number sort or came out of Mayor Woodward said and as far as the revenue goes. you know, we are all In need or revenue nut lo me. the ma1ority or, I mean this isn't going to pull us out of the shorts that we expenence as a Cily and ce1t.o1oiy, again I still feel fike that right now. two ,s enough unhl P and Z and there has been more 1nformat10n I mean the .,formation thal we rece111ed in our packet last bme. I know there 1s more Mayor Woodward asked if there were any 0111er commenls Cou ncil Member Jefferson sa id I guess my queslion Is also on the P and Z side. So what are the olher lh1ngs thal are laking higher p~ority over this Issue? I would love to be able lo get this window smaller but I don't know Ir that Is possible City Artomey Brotzma,, s:11<1 this is their highest pnonty Mayor Woodward said and when tt ,s an emergency, It's f,rsl Attorney Brottmnr • ~~I they are going to actually have a Public Hearing and then get tt back to you The calendar that Tnc.10 pu: togel!I:.:, ·.vith publications and meetings dates, six months Is the shortest she can come to you . Council Member Jefferson said alnght, I Just wanted to be reassured on that Thank you . Council Member Mccaslin said I feel that way too. I mean I would like lo see sooner but, you know, I know how the prooess operates Mayor Woodward said for me .• schools. parl<s and those types of things could be an issue CounCII Member Oakley said I think that waiting six months will give us a better ldM of understanding why this has kind of exploded the way ii has Time will tell us !hal Mayor Woodward said certainly 1n lhe medical areas, Swedish, Craig, I would think certainly appropriate You know somebody coming out of chemo. this is an appropriate loeabon, I would think. Mayor WoodWard asked if there were any other comments or discussion There were none. Vote results: Motioncamed Ayes Council Members Penn, Mccaslin , Moore, Woodward, Jefferson, Wilson , Oakley Nays None (cJ Resolutions and Mobons (I) Director Ealon presented a recommendation from the Human Resources Departmenl lo • • adopt a resolution approving a Memorandum of Understand ing amending the Colleclive Bargaining Agreement be lween the Englewood Firefighters Association and the Cily of Englewood for 2009-20 11. She said we are ... I am here tonight lo recommend your appmval of lhe MOU belween the City and l he EFFA (Englewood Firefighters Associalion). As you know, we have asked the City has asked the EFFA lo forego the salary increases described In the~ contract for the 2010 and the Union has agreed lo our request No adJustments to their wages wil be made on January 1. 2010 Any wage increases applied to thew 2009 wages in 2010 win onty occur after looking al revenues on July of 2010 and 11 they do meet or exceed those from the same period in 2008, the increases that are denved from our salary survey this coming fall will be applied lo their salaries. Ol her elements of lhe MOU are that the Ci ty Intends lo do their best lo ma inlaln currenl Fire Department slaffing and no bonuses • will be awarded lo Depa rtme nl Directors or lhe City Manager un less the sales lax ,avenues I menlloned earlier are met Mayor Woodwald asked 11 there we,e any quesl1011s for Sue There were none Englewood City Council Au gust 17, 2009 .Pago 15 COUNCIL MEMBER OAKLEY MOVED, ANO COUNCIL MEMBER McCASLIN SECONDED, TO APPROVE AGENDA ITEM 11 (c) (I) -RESOLUTION NO. 66, SERIES OF 2009. RESOLUTION NO, 66, SERIES OF 2009 A RESOLUTION AUTHORIZING A MEMORANDUM OF UNDERSTANDING WHICH AMENDS THE COLLECTIVE BARGAINING AGREEMENT BElWEEN THE ENGLEWOOD FIREFIGHTERS LOCAL NO 1736 AND THE CITY OF ENGLEWOOD FOR THE YEARS 2009. 2010 AND 2011 Mayor Woodward asked 1f there was any discussion Council Member Oakley satd yes. I would like to state that even though this 1s addressing the Englewood Fire Oepartment, the Police Departmenl and the Employees Assoctalion made similar concessions and I appreciale all three organizations doing this Mayor Woodward asked 1f there were any olher commenls Council Member Moo!e satd I would alSo like lo 11'.ank all of lhe employees !Of helping us In these diffocult budget times. The SIVdy Session tontghl was certainly another reminder of how much is in front of us and the employees have really,..,t is just greatly appreciated, that they have all stepped up and made this easier and we will certainly do the besl we can on our part I appreciate It Council Member Mccaslin said I second It. .YOf Woodward said I would hke to echo John and Wayne that the City employees have really come fo,ward again and are sharing lhe pain with everybody else, I think, and In some Insta nces nol neaissarily having to. so it Is greatly appreciated and we have really dedicaled employees We know that and I think the citizens of Englewood know that Council Member WIison said I app,eciate Sue's WO<k and Mike Flaherty·s W0<1< on this You know. they wori<ed really hard with everyone in all the different groups and unton, so thank you Mayor Wood.vard satd 1f there are no further comments, please vole Vote result,: Molloncamed AyPs Counctl Members Penn. McCasl1n. Moore , Woodward . Jefferson, WIison, Oakley Nays None Director Eaton said u,ank you very much CouncH Member Oakley said for the record . l said the :mployees AssoaatJon and I should have said Non- Emergency Employees (a) Director Fonda presented a recommendabon from the L1ttletotl1Englewood Wastewater Treatment Plant to approve, by motion, the purchasJ of one new ten-ya rd dump truck Staff recommends awarding the contrac t to Transwest Trucks In the amount of 599,746, piggybacking on the City of Rifle's contract Mr Fonda said we have been WOfking with Public WOfks on this and they have found. for not only for our trucks but for the other trucks, that ij you go to a sta,nles•; steel body, you will increase the life of the vehicle from abollt • , years to 12 yea rs which Is a great payback con•,ldering it only costs abcul $15,000.00 more on an S85 ,000 00 purehase lo get the stainless steel So when you look al lhal they recommended and we are going with the recornmendat10n that we purchase a stainless steel truck that would cost $99,746.00 We are going with that recommendahon due to the Increased life. The engines w,11 lasl that long and so you have real ly gone where you are only going to be replacing two out of three bm~s Englewood City Council August 17, 2009 Page 16 Mayor Woodward asked rf there d there were any questions Council MembeI Wilson sard Is this somelhrng lhat we need to purchase now? Director Fonda said yes. II Is time to replace It Council Member Wilson said how old is the truck lhat we are replacing? Mr Tallent spoke hom the audience saying 8 years. D1rect0< Fonda repeated 8 years and said rt has passed its 7 year life. Drec10< Fonda said it c;arrie~ ••vtf corrosive matenals to the dump. It ,s the grit and stuff lhal's removed at the headworks. Council Member WIison ~aid and FO we are splitting lhis wilh Littleton? Director Fonda said yes. She said okay and so $99,746.00 is lhe tolal ~rice °' our share? Director Fonda said lhat rs the total price. She said okay. Mr. Fonda said and •\en we would µr~t;,ably get $20,000 to $30,000 baci< when the old lruCk goes to auction Ms Wilson said okay, good to kllo'k COUNCIL MEMBER OAKLEY Mf ~ED, AND COUNCIL MEMBER McCASLIN SECONDED, TO APPROVE AGENDA ITEM 11 (c) (II)-A MOT.ONTO PURCHASE ONE NEW TEN-YARD DUMP TRUCK FROM TRANSWEST TRUC l~S, INC. IN 'HE AMOUNT OF $99,746.00. Mayor Noodward asked d there was any further discussion. There was none. \Iott rnults: Ayes: Nays: Motjon carried Council Members Penn, Mccaslin, Moore, Woodward , Jefferson. Wilson, Oakley None 7. Unseheduled Public Comment contlnued (kl Matthew Crabtree, an Englewood resident. said everybody is gone at this poinl It would have been better eat11er, I wlll make this really quick. Let's lhink about this for a second ; how much time we are spending on this dog h1sue I mean, my God, ovar the last six years, I think this has come up how many bmes and we've Invested how many resources in thi1? How many City resources to look at this issue? This is a hot button issue, there's no doubt. I've heard all of you say ... Bob had mentioned that there are other lnues that he fen that were IIIOfe important and surpnslngly enough the dog Issue garnered more Interest. It's amazing but we need to come to a solution lhat is not going to come back two years from nrM. And It Is my personal opinion that the solution at this time Isn't going to do It Other c!tles have leash laws and they operate Just fine. Leash laws are lo protect people who don't have dogs, to protect people in general. Honesdy, unless you want this back bekl<e you guys again In a couple of years, make a solution :hat ls going to fix the problem and not feel It out. Let's put all of the dogs on leash. That's the easiest soluU011 right there. Boom , It's fixed And the people that want their dogs off-leash, well, we actually do have a dog park, An actual dog park that we have. It's Canine Corral. We spent a trem endous amount of money with the water treatment system We spent a tremendous amount of money getting that park ready And there are problems wrth It, I'm certain. I've been down there. It's dirty. It's dusty. There's dirt all over. I can understand, In a way, why people don't want to use It but 1ers fix the problem with the dog park and stop affbcbng unleashed dogs on the people In the community around Jason Park and Centennial. Something else to keep in mind. I have no problemwlth .•. ln facL I'm honored and obliged as a member of the Englewood community that people from U!tleton and Highlands Ranch and Centennial and an those that hke to use our parks. That's really great. We have fantastic parks here In the City of Englewood, But keep one thlng In mind At the end of the day, people from Littleton, Centennial. Highlands Ranch, Denver, they • • can leave these parks and go home The people that live around these parks, that are having problems wUh • these dogs, can't leave. They're stuck right there next door to this park with dogs running all over the place. They c:a,1·1 use the parks like they used to. Just keep that In mind and consider, just for a second, like what I said earlier, consider for a second , how many resources the C~ has spent on dogs I mean sure, a hot button issue, bu1 let's fix It Thank you Engle wood City Coune.11 August 17, 2009 .Page17 Mayor Woodward said thank you 12 General Discussion (a) Mayo(s Choice (1) MayorWood.vard said I would like to address Ms Bartnick and some of herccmme<1ls about the powers of the Ma)IOf Th,s 1s a Council-Manager type or government 11 ,s what's called a weak Mayor as opposed lo a slrong Mayor, which would be Mayor Hlckenlooper In Denver anld lhat type or .. I believe that he IS the only one in the Stale or at least in the Metro area that form or government. The duly or the Mayor ,s lo run the meetings, do the ceremomal dulies and that's ,1 And I certainly can't turnover a court decision City Attorney Brotzman lntet)eCled actually .. rm sorry Our Code actually does grve the Mayor, s,nce there was a conviction, In lhis case by jury, you actually have the power to overturn or pardon her finding or sentencing She hasn't been s~ntenced yeL Sentencing is seL I think, for Octobe< Mayor Woodward said then I stand corrected on that I was unaware of that. (II) Mayor Woodward said I would also like to address Laurett, I haven't been hiding or ... l haven 't been hiding anything . I was not, have not been, was not a lounlding member of Engl ~ Unleashed was on the dog task force with Jin Wilson, with Counterman. anld others and ti anylhing, I thlw, ,r. W01J ld say, I was probably anti-off-leash as opposed to pro un-leashed. I don't know where she gels her lac-,; She comes up with this stuff but Ive never been a founding memher of Englewood Unleashed. Like I have sa • and been clear, I have talked to Martha on the phone. It was brought up by Dorothy, I believe, at the last meetl,,. ,;r Emme, anld I addressed II in an email to them, anld I pointed out al the Parks anld Rea-ealion Commission lhal I supported ~n~lewood Unleashed by buying a bnck when Canine Corral went In It has a cal on It. I also was a member for ~ years I do not own a dog and have not owned a dog In over 50 years And I didn't own rt then . My family did. So I don1 know where she gets this inlormaUon but it's 1ncorrecl. Also as far as Parks and Rea-ealion Commission, II is Interesting me that when I was inlllally appointed to Council , In 2004, at the very firs1 meetin9 thal we had, we went ov81' my appointments and what boards and commissions I was going lo be on as Council lla ,son. Al that bme, I sat as a regular member on three commissions I was the chair of the Urban Renewal Authorrty I sat on Keep Englewood Beaut,ful and I also sat on Parks anld Recreation Commission . I was on Parks and Recreation Commission as the 111s1 board ... I was very associated or very Involved and associated with youth sports I said I did not want to leave that I would not be wiU,ng to lea,e that TJ,at I would have to be run for election In 2005 and I didn't even know if I would be running for election In 2005, in August of 2002 As Ms Barrentine said. she was on the Liquor Licensing Board at that time A quas~judicial board There ,s a difference there I think So I iust deny what she has to say. As far as I'm concerned, ,rs unfounded and It's untrue (lit) Mayor Woodward said Tracy, in regard to the petitions, your mother and I had ... your mother had called me regarding the percentage of people in Englewood that had signed both petitions, which I never did count and figure out an exact percentage but I can tell you lhal ,n iust looking at them ... ,n just looking at them, I didn't see much difference as more people In Englewood on your petition or more people In Englewood on Englewood Unleashed's petition. I saw people from Bnghton. Walsenburg I mean on both petitions, they were from all over the state. I don·1 even know where everybody went lo gel these Parker? Castle Rock? II was amazing to me that there are names from eveiywhere The Important part was that on both petrt,ons, there were names from the neighborhoods It was very clear to see the petitions that came from Centennial Park because those were pellbons that didn't have a lot of out of town. They had Englewood and they had addresses ,n Englewood So 11 you haven't seen those, I'd certainly be willing lo share any of them with you Mayor Woodward said lhat's an I have Thank you • (b) Counc,I Members' Choice (•) Council Member Penn He sa,d first of all I would like 10 thank everybody for coming ,n aga,n and speal<,ng and lell,ng us know w' ,at 1s going on Englewood City Council August 17, 2009 Page 18 2 He said I had a good time at Puate's Cove last week, trying lo honor the boards and com,nisslon members I truly enioy that. I would like to see more and more people enjoying In the festiv1I1es. a hltle bit 3. He said lhls Saturday Is Fun Fest down at Belleview Park. If you have a chance. take your kids down there . It should be an excellent lime 4 He said school is open so make sure when you're d11W19 past aft of the schools that you lake care. Make sure that you watch for aft of the youngsters walking around 5 He said Englewood Days Is sbll coming forw.ird on August 29 and hopefully everybody will come and enjoy It. That's all. Thank you Mayor. Mayor Woodward said thank you Randy. (i) Coundl Member Mceaslin 1 He saJd I have a couple of things. Since I am the liaison for lhe Parks and Recreation, I just wanted to • summartze, Wh~h they did pretty eloquently ... lt was an unanimous decision that shrJbs and fencing were not the way to go for Jason Park . So that was kind of nixed and not to be brought up again, I r,uess. And the other one was the hours that the parks for the off-leash people. That Is open for discussion 'we asked Parks and Recreatlon to come baci< with a schedule of actMtles during the weekend. I'm a visual leame, so I can see where If the hours were acceplable , What would be acceplable to the park. lo; us to ~xisl Those were the IWO major things that came out of the Park. We hao a lot of tesbmony and again, a lot of Information. So that will kind of summarize what we de, ·a':!11 Iha'. Counc,I Member Jefferson ~..ited Bob, any diS\!Ussion of potential relocations or • anything of that nature . Council Member McCaslin respond~d ne, nel brought up at that Ume. I don1 recall. There was quite a few ... Mayor Woodward said there was lhe point brought up regarding Rotolo. Mr McCaslin said yes, you're right there was. Mr. Woodward said a number of the Task Force members that were there and Parks staff pointed out that some or the crileria for an off-leash pa,, was accessibd1ty, ADA access Which It does not meet and off street parking. Someone said the slo~.ng area there .. we would probably have some senior go rolling down the hit Plus there Is net parking. It is surrwnded by streets and that was something that information that we had gathered In the Task Force, specifically was against Where you just open the door and the dog runs ouL That was not good and too close to the street Council Member Jefferson said unable to have a parking lot there. lvtr. Woodward said yes. Council Member Jeffe rson said building a lot, making it ADA compliant, and whatnot would be ... Mayor Woodward said the other thing that did come out Bob, was that all of the parks that are off-leash, with the exception or Canine Corral, win be looked at individually. Recognizing that there .s different uses going on at Jason Park than al Duncan Pari<, for example oc Northwest Greenbelt and different us.-s going on at Centennial more similar to Jason There may be different hours, hours wete talked about from ope,I unbl 9 or 10 or something hke that bit lhen 7 30 or 8 unbl close during the months of March through October, and then. which wasn 't as clear, was November to February which IS winter hme and obviously no one is picnicking, kids are in ~chool. people typically are not in the park piaylng so maybe the hours a,e more lenient. So. we are looking for more research on that and hopefully we will be able to address that from the community an,1 rrom not a!I of the community, including the off-leash people and the neighbors. And be able to address this In September at a scheduled Study Session Council Member McCas!lll Hid I didn't want ,o go Into the hours anyway II was brought up and then we discussed it so I didn't mean to bring it back up. Council Member Jefferson said thank you. I appreciate thal 2. He said the other thing, you know. to address Mr. l1 • Ms. Bartnick, I think that due process was • allowed for them. They were given lhe opportunity to CO'l'P') ·Mth the Issues In the grandfathering clause and when that didn't work o~t. then they went to court and a :u, 1 <ix peers that were select~d by the court The<r findings were not in their favor so, It is hard, you knew. ,1 is .. Jeaslon without meaning tc go against those dec1S10ns, especially With the lnlormabon that was gathered Engt.woocl City Council : ~gust 17, 2009 .~~19 3 He sa,d !he other 1h,ng I would like to bnng up 1s sance I am also on Keep Englewood Beautiful, I would lik e IO ialk a W:tle bot about !he lllle< index Each year the eommoss,oners on KEB, ,n o,der lo be affihaled wilh Keep America Beautiful, we have 10 do a lauer index and we do 11 once a year And lh1s year's l11ter Index was done on June 24"' by Comml$S1011ef Gary Nordlande< and Jrnmy Pmzenscham . I can't pronounce his 1,st name so r m not even 901119 lo try But the find•ngs were ver very favorable In fact the overal score tSSUed v,,as a 1 30, wh ich ,s an improvement from last years 1 34 And Just to gave you a little summary of what was wntten up U says · We Wl!f8 mpressed with the cleanliness ol the subfeci areas., the Englewood neighborhoods Good job Englewood We were especially impressed with the lad< of graffib Good Job Code Enforcement graffiti team It seems Iha! !he h,gh 11'3ffic areas Hampden . 5anta Fe and Broadway, had the largest amounts of any conUnuous sl,ghUy fitlered areas We should st,n be proud of our r;,t,zens, Publ,c Wlll1<s and OIJf business people who have put energy into cleaning c~· C.ty Let's keep it up · T111s was done by r;,bzens , as yourselves, you know I have no 11ierest., a and II t.tct. 1hey probablv went out lhinmg, oh, I am gomg lo nad Englewood and ~ is very mpressive that this 1s the second year 1n a re,•., thal u.. litter index IS going down So, I would hke to thank the people of Englewood for doing a good ;,,.:, Mayo, Woodward said thank you Bob (111) Council Member Moore I, He satd yes, your hone,, I would like to address CounCII So I got cnbcized ton,ght for being Council's histonan. This citizen Wll be happy to ~ !hat that p<oblem W1I rectify itself In :Wo to three months and I prom15e Iha! when my tame 1s done, I win nol come and gave more hastory lessons from the podaum Wllll a loud voice and lnco,rect facts So. bu~ I've got two o, three monlhs to play • He sa ,d I m:ssed lhe Study Sessoon last week so I wasn1 here With respect lo lhe sign code and the cmen Illa! endeo up presenting al his concerns I would ike to take a moment lo address that sign code issue arid more so Counc.rs policies for Study Sessions Study Sess,ons are pubic bu1 that they 11111 lor Councils benefil fo, our education on vanous topics. We have a wtntten Council Polley manual that says, "Material and new 11lonnallon must be received before Study SesSIOII to allow dtSCUsSIOII ., an educated fashion The policy goes on to say, requests fo, Information Of acting lo a citizen's concem must go through !he City Managers Office So A!COgnlllllg the purpose of Study Se$slons and these pofiaes Council's pract,ce has been that we do not anow members of the audience a forum al Study Session We have a specific port,on of thlS regulaf sess,on for lhal purpose and ~ ,s a fi · more app,opoate for cmzens to regIS!er L'leir concerns So during Study Session guests are only 111Vlted by the Mayor with respect to scheduled agenda top,cs. So acoonlingly ;,tour last Study Session. the cillzen who wanted to address the sign code matter should have been deferred lo this regular session Our pol,aes arid procedures are set up so that we .;a not have lo be put ,n a posibon to address l0ptCS like that w,thoul background I don't think any of you should have been forced o,:? .. been fo,ced on that assue, and I am SOlrf lllat I wasn't there to relllfo!l:e the ex,s1ence and values of Councirr policies. Now on !he sign code matter itself, Cominumty Development was enforcing !he rules !'lat were esbbf'tshed by poo< Counals through the leglslal!ve process and should con!Jlue lo do enforcement II is lhei: respons,blltty to uphold the laws that have been passed If there 1s a need fo, our laws to be updated, we don't do II by breaking the laws You work lhrough that leglslaLJve process So with respect to !he sign code ,ssue. Community Development has already stheduted to do a comprehensive revteW of the sign eode They do have !his. as we talked aboul ton,ghl. the ~.c,nal manluana Issue and hard surface boat slOf'.ige standards that are scheduled'"' bu1 cer1aioly from my perspective, they !hould conllnue the enforcement ..nU any changes have been able to go through lhal process. Mr. Schalk's comments tonight were great I agree with many of them and h,s input and oltier input as welcoma I hope they bring that insight when the subject goes before ACE arid Planning and Zoning and any necessar)' updates or changes can wor1t through the proper process So kir.d of boiling down to the memo Alan had In our packel I think, from my perspective. Option One is what we continue with , whach IS continue to enfo,ce our laws and ra:ogn,ze. again. we ate already scheduled lo do a comprehensive review of our s,gn codes We r be open lo updallng them when he works through that process Thafs an I had your honof COUICil Membef Jefferson said do we want lo maybe discuss some of the s,gn rode issues oow. rm 90lll9 to bnng some of those up, or do you want lo dascuss that oow or do you want to wad for my tum? Englewood City Council August 17, 2009 Page 20 Council Member Moore sa id I would say 10 go ahead Mayor Woodward said lel's go ahead Joe, did you have something? Council Member Jefferson said I llunk what I heard out of John ts a co~ple of thing s. One 1s lhal we do want Planning and Zoning as well as ACE lo review lhe s,gn code. Correct? Okay and I am all tu. lhal as well. You know, I lhink lhat given some of the push back we have seen from our business community on this ,ssue, I would be for slopping enforcement currenlly I am iust trying to dec,de of these menu Items wh,ch rt was Sorry, I dldn1 have a chance to look at the memo as well, so certainly looking al ,there . ·~al Is 5, correct? 'Suspend the enforcement· This cou ld be done for a specified period of time Yes, number 5 plus sending ii to ACE and P and Z I do th111k lhat having ACE 's input Is critical lo getting something that the businesses wlR be happy with and lhat the enforcement folks can be happy with as well Mayor Woodward said It's the portable signs that are something that concerns me. Council Member Jefferson said you mean the sandwich boards kind of thing? Mayor Woodward conbnued sandwich board, something like that in the right-of-way, ADA. ti becomes an issue. Council Member Jefferson said ADA says you need four feet on the sidewalk there, that may or may not, I'm not sure • Mayor Woodward said well, we know on, I think, al least In areas In the City where we allowed this to happen, we could do that But you know. 1 th,nk it is a community Issue. I disagree wi lh Steve lo some degree Yes, businesses bring in sales tax. Who are the people lhat are the patrons of these businesses? They are for the most part, the citizens of Englewood. If they wanted, most businesses I think would go to another location. So, I think, It starts becoming a community value and what do you want, for example, Broadway to look like? I hadn't realized but I did go by a couple of these locations and It was like ... ! was pretty amazed to see, you know, all • these banne,s or signs up on the fence and sandwich boards and stuff tike th11 aB at one location. It was tike, wheal This Is too much, Council Membet Jefferson said I was just going lo say, In my mind In many ways, a.lowing banners shows of acllvity, economic activity and so. generally, from eslhebe standpoint, I am genera!y okay with most of what i saw and perhaps, you know, that is Just kond of a difference of opinion. But, my bigger issue, I guess, Is just that tnere is a general perception In the business community, particularly on Broadway, that we are not cooperative partners with them And so, regardless of whether that's ... l'm sure that some of us have different views on Iha~ howeve,, lhat that is the perception they have. I can assure you. And so, let's, you know, at leas~ try to WOii< with them to ~et something that is manageable for all •~IJ oarties Involved. Because we are all stakehotc,rs in this cc.11munlty ... the businesses are as well as the citizens and they benefit them They really are on the same page as far as, you know, when they make more money, citizens have more money (Of better services. And so, lhat is my bigge,lssue and you kr.ow, I don't think thal..~ we decide, n ACE decides with some stakeholder buy in ftom the businesses saying, hey we don't want these banners like this, then that Is great You know what I mean, we all get some agreement there. But In the genera l scheme of things, I don't think enforcing these couple of Violations. In the general scheme of things, ls going to tw>-.fit our communrty that much In fact, I think tt will probably do more harm than good by a•ienabng some ; partners In our community. That is my take on it. Council Member Wilson said I would just like to say, I disagree with the fact that you think that the business owners or businesses don't think we cooperate I think BID has a totally d1flerent take on lhal. Council Member Jefferson said that's nice lo hear She said wen I mean, you know, I wor1< wit~ that Board and they do feel like a real partnership and they understand that there is a process lo go lhrough thlnqs. So I don't get that feedback and they don't always like the process and find it diff~ul~ but when all is said and done at the end of the day, we h3ve listened to them So, the other ttwig ls I did see somelh,ng that I hadn't seen be1">re and that was a car par11ed ,n front of a business with a sign on top of the car Council Member Jefferson ,Id that wasn't In the memo Council Member Wilson continued saying so, I mean, you know, obviously the codes are set up for a • reason because of l~e people who take It to extremes And I think, that becomes the Issue ... laws are written because people brea!· them. and so we know what ,s the nght and wrong IM I do agree that I think , you know, meeting with ACE or !oJv1n9 ACE meet and talk about their feefings on this an.I what they would like to see happen would be a good id ea and I can certainly bring It up to BID and see what !heir feedback Is Englewood City Council August 17, 2009 .Page21 Council Member Jellerson said fantashc , so I guess 11 really Iust comes down to, you know, probably on this enforcement Issue, with hearing John and Jill both say that P and Z and ACE would be appropriate places for th,s issue ,n the future. does anybody disagree with that? Ms Wilson said and BID Mayor Woodward said I think BID loo I think BID 15 a good business feedback Council Member Jellerson said I agree Nobody has a problem agreeing with that so I think It Just comes down to maybe more of this enfortement issue And aga,n I just lhmk thal you know •.. Council Member Mccaslin said can I ask a question about enforcement? If we say, okay you guys have 901 ,t now, we are not gcmg to enf0<ce ii, but I see a banner and I say, hey I want lo do the same thing, well do we allow them and do they have to be approved? Where do we stop this snowball thing? And I see a point as far as, you know, t can see that I agree with John t think Steve had a tot of good things to say When I talk to hi m, you know, I wanl to bring back things that we can help with bus,ness community. I mean, that Is our job. Their business. We do our thing to make a decision But I think we've got an ordinance, 11 Is hard not Just to say, well we are 901119 to tel you guys go but ,1 lhese guys do it. we miyht have to cite them I mean, Where do we stop, where do we start? Counctl Member Jefferson said we wou'.~n·t be c1llng anybody on the banner issues for a couple of months until we were able to hash some of these Issues <1u t and then once we came with something Council Membet McCaslin said so anybody can put up any banner they want without any approval and It Is alright? Ms. Wilson said and what about the one on the .;."<? Councll Member McCaslin said see, that is where I 'ea problem Council Member JeffefSOn sa!d well the car Is a tittle different, nght? I mean I think that advertising on a car You can't have a F0< Sale car parked on the street Council Member Mccaslin said that's .ust one example Council Member Wilson said no, this was a business Council Member Jellerson said sure, sure but I'm saying that I think that Is probably a separate violation than Just a regular baMer on a building. This one, a particular issue on some of these was a sandwich board was one of them In particular and banners on fences was the other big Issue Mayor Woodward said yes banners on fences but I don't think the banners on buildings, and correct me II I'm wrong, Dan, the banners that are up .. real estate ones. are temporary signing Council Member Jeffe!100 said they ran into a different category? Mayor Woodward conttnued they are temporary signage because they are that, but ~ ,s the s,gnage that were on the railings around sea~ng areas and stuff like that Budweiser or whatever. Council Member Jefferson said and I have no problem w,th those, honestly. You know, put up lots of signs. Talk abo"'. your happy hours. I don't know If you guys are all familiar with Moe's and you know, they opened up their frontaga. You can see In there There is activity happening there It is just fantastic for al the surroundmg businesses. And so, there Is no safety issue there In my mind. These are rails. I mean they are three feet off the ground. There L• no big Issue In my mind but I don't know If maybe somebody else can point one or whatever but In my mind It Is no big deal So if, you know, ,fa company wanted to put a couple more hanners on fences until we can figure out exactly what the appropriate tine Is, I'm okay with that, In response to that question, Council Member Wilson said I think 01e of the issues too, ls the economy, I mean, you know, and I think that Is ~uge right now, that people are using those signs maybe to draw people In I think that if rosiness was really good, this wouldn't, maybe, come forward but I can't guarantee that But I thmk , you know, s.i where do we draw the line with helping the businesses dunng these hard economic limes wllich shows that their sales taxes are down, so how far do we go to alleviate that hardship I don'l you know, I think that i s the key issue right now. I think n nms to go to P and Z, it needs to go to ACE, and It needs to go lo BID and maybe BIO can be done ... thin a month as far as likij talking lo them Council Member Jefferson said it depends on how big of an area .. If they are revampu,g a Whole sign code as we talked about It Vanous Cou, J Members made various comments Mr Jellerson said a whole sign code would be at least a s,x months ordeal for that Englewood City Council August 17, 2009 Page 22 Councd Member Wilson said yes, thal is bul I'm Jusl I don'l know I mean, I hear you Joe Counci l Member Jefferson said I guess all I'm saying Is, you know. let's nol enforce banners on fences nght now, is all I'm suggesting Which is the bulk of these vl0lal10ns Mayor Woodwn rd said that is item number 3 adding BIO. Councd Member Jefferson saJd 3 and 5, that 1s what I'm asking f01 Like I said, I th ink we are an In agreement on 3 that ii needs to go to P and Z. ACE and now BIO I guess what I'm talking about is directing staff l'l temporarily number 5, dorecbng staff to lempo,anly ~." ?end the enforcement of lhlS section Council Member Mccaslin said I do unc; >rsland what you are saying Joe, but I don'l know where we stop it I Just don't know you don't know what that a-.•les, you don't know anytlung. They don't have to approve it They can put any b:1nner up and to me, that you are Iust opening a ca n of worms. Council Membe/Wilson saKI weft, are the banners that are up now, have they been approved? Wen ,obv10usly not. Councol Member Jefferson~ some of them have come down. I think Steve said he took his down. Council Member Wilson said you took yours down? Council Member Jefferson said I didn'I have a violation Mine Is the temporary sort that we were talking about City Attorney Brotzman said I think Alan can clarify but t believe there is a There Is a permit for temporary s,gnage on baMers Cou ncil Member Jefferson said I've got the language here It says short term advertising signs must be wall or window signs that require a permit valid for two weeks and each business has a maximum of six signs per year. So I don't know If that includes something like For Lease signs. I 'm assuming, it says short te rm advertising signs , t think that means Sidewa lk Sale this Sunday or whatever It ls ... speclal events kind 01 thing .. Happy Hour, you know, this month or whatever It is. I'm assuming that Thal Is my u1.derstanding of that Council Member Wison said but I guess too, on the ot~,r side w,th, I don't want In any way lhal people look at 1h1s so we dd nol enfo«:e rt, that any of our staff wi;s wrong in what they have done. But our st 1ff has talked to d11ferenl owners of the businesses who had bannen and they were working tota lly within ltle g 1dellnes that they were supposed to be. Council Member Jefferson said agreed , I saw the memo and you know that seems to . , Council Member Wison said I don't want In any way this misconstrued. this conversation Council Member Jefferson said agree. agree. I mean I dldr.'I see any•h,ng In the memo that showed any sort of lnapprop11ate actlOlls taken by staff l'I just say that Council Member Oakley said question Joe, lfwe know that this Is g~.r.g to be coming up and I assume there will be some decisions made whether we stay the way we are or tt there are going to be changes m;Je, 1s this so important that we need to suspend enforcement until a decisior Is made? Whal If we decide 10 ledve it the way It is now? Council Memb<:r Jefferson said If we do leave it the way it Is now, obviously ·ve have made· some sort of determination 1ha~ you know, it Is In everybody's best interest after heanng from all the stakeholders including the business owners, then you know, hey enforoe away, you know what I mean but... I'm sonry. what was the first part • • ol that question? Various Council Mem bers made comments . Council Member Jefferson said , why Is it so • important? Council Member Oakley said can't we wait for ,t to play throug~? Mr Jefferson sad I generaly agree When this Issue rrst came forward , I reany dJdn't see, you k ow, don't get me wrong, I understand Jon was very upset but I guess I really didn't unders tand why he was so upret in further conversatJons w ith Dominique and Sieve and some other business owners tn our area, probably ;. :>me ol the biggest Investors in our commumty. you know they seemed to put a very high pnonty on this ,ssue Ag , ,n, t don't know that 11 ,s tolally reasonable, but Englewood City Council August 17, 2009 .Pago23 they may have some sort of cumulaove affect of domg business ,n Englewood that the1t percept,on ,s such that, you know we aie not working on the same team f guess Is how I w1'I say rt you know what I mean? And lhal's their percep11on Council Member Oakley said g,ven that we are trying to work on the same team Then, were comments made by various Councol members Counetl Member Jefferson said and perhaps 11 everybody reels uncomfortable with the idea of 1ust suspending enfor< """ ,, 1ltogether, maybe we could just suspend It for a week or something, to give then another week to get Into compliance after this and then we will start enforcing again. You know what I mean? Maybe that Is all It takes You know what I mean? I would be okay with that 1f everyone is so unconifortabte with the idea of putting a suspension on enforcement tor a longer penod of lime Council Member Wilson said and another thing, I lh1nk we have to realize too, they are not gelling Issued, as far as I know, any kind ol citation they are just being.. Council Member Jefferson said lhey w ill, lhat Is the next step. Ms Wilson said they could bul t mean they haven't They were asked to remove them Council Member Jefferson said they have not, that 1s correct I JUSt want lo make sure that ngnt now as they stand, I don't bel,eve .. .lel's not cIIe lhem Either suspend 11 or, you know, start this period ol process over so they get another opportunity to comply, Council Member Moore sa :I I think, I mean our departmenl some of our PoUce Department as long as the polcy in voluntary compliance, I don't have any objections, I think the goat 1s getting lnlo compliance. Yeah. I got lo a top and note the effort that the 810 went through wrth respect to banners not long ago. This process worked, 9:1nd an issue, it worked with us to try to get the rules changed to accommodate lhelr situaUon . Council wenl lhrough a lot of discussion about the banners and the Idea that we will just stop enforcing ti now for this reason, doesn't feel right to me I don't have any issue with, hey take an extra weelc, to get Into compliance or whalever 11 Is hut between Bob's comments and I don't know how you fUSI stop enforcement altogether and throw the rules 001 Jnd who knows where it stops. Several Council members made comments al lhe ,~me time , Council Member Jeff~t.oc> said I appreciate that a,ld their response to It.al you know, and beai ,n mind that I am just playing messc,ngl•r nere, I guess. Their response lo that 11 that there are so many violations going on that the policy Is ,n error. Thal is lheir argument P.nd oo, lhey see It as, you know, oh volunlary compliance, you know, come talk lo us. How oo we gel Into compliance? How do we do these things? They are seeing It as more or a heav-1 handed enforcement Whether that is true or not, I dr•'• \now I mean, that is just their I am just trying to relay thu perception and you know. ~ ,s unfonunale I think a \ol of this has to do with personality conftlCIS from staff so thal ,s unfortunate. But again, I am Just trying to salvage our relationship with some of our larger investors Council Member McCashn said but the signs I got are our relationship is done from Mr. Cook. He comes In and says I'm not giving any more business to Englewood I mean. to me when you come and threaten someone .. I mean like Mr Schalk , he ga\'e you, here is what's wrong, leis fix 1l I'll help you. Mr. Cook said you know what? I'm done with you guys And to me. II is a total If you want to talk to me and you wanl to <leal with me, come and talk lo me, I'll talk to you all day and we will work something oul but don't be threatening me And that Is what II was, a threat Counell Member Jefferson said and hopefully we can ~ave more of those conversations going forward and hopefully lhey can be non-th reatening I would totally agree w1lh that .ooncli Member McCaslln said I hope so Because to me, this Is pa,ntong a picture , okay now, these two guys are fighting the same battle and yo~ know, we can't ignore their lriolalions and until we find out somelh,ng else If lhey would have come you know with this a month ago, this process would have been ahead of It Englewood City Council August 17, 2009 Page 24 Council Member Jefferson said lets also keep in mind, nobody had an issue wilh lhese vrolatlons unlil we had a citizen complaint. You know what I mean When It was iust one clhzen, I don't believe that anyone else was complain mg Council Member McCashn said that is my take on it I've never heard from Mr Cook He never called me and complained Mayor Woodward said II was one citizen and then as a result of that one, there was another one saying , what about those down there, according to the memorandum Council Member Jefferson s.ild I think that was a tenant there. The tenant was saying, hey wail a second, why are you only enforcing It on me? This is a Jon Cook Issue No, no Then Tncia says oh yeah, you're nghl There are some others. She investigated th~se and albO ctted these other ones you see on our hst here, So, just to gel off the grandstand here, if you folks are okay with just somehow allowing for another period or time for compl'rance, I am okay with that. Saying that, you know, we WIii iet them know, hey, we rea11z.e there is a larger policy Issue here let's talk to P and Z Let's allow a 810 comment and allow them some sort or proactive process to work with us going forward , Council MemberWdson said I also think too, with 810, because they went through such a process with their little fingers, thal If we turned around like let other peop le go ahead, they would be li ke, wait, I had to g•l through the process. And due to the tact that they went through the process, we did e1pedtte Uiem. So I think we were. you know, WOlklng with them and I think that can be done again • Council Member Jefferson said I generally agree with that. I mean, you know, I know they were frustrated With • the process • mean, I know they WO!ked with the process but later on but I heard lots or gripes about the process too, Council Member McCasfii, said but did we gripe about a lot of processes. not only government but in every day life so what do we do? Council Member Jefferson said I agree. Council Member McCaslin said so what I am saying Is we de~I with this every day. And it seems 1;ke we are just singling out these two guys. You know, they came and made a complaint so theref()(e we are going to allow rt to happen. I'm having trouble with that. Council Member Jefferson said I understand what you are saying : will also say that this conversation has gone up and down Broadway With this. This is something that people are talking about businesses are talking about right now. That ls all I can s.iy, A member of the audience said businesses are talking about It here? Mr Jefferson said yes. The audience member said ft has been going on for 40 years, that argument has been going on, Council Member Jefferson s.ild so anyway. the businesses are concerned about this issue. Jon Cook and Steve are the ones Who are lighting a fire under other people but there are other people Who are upset about this. They just haven't come to our Councll mbt!tlngs. Mr. Mccaslin s.iid exactly . May°' Woodward said well I think. but Just to Change pollc:y in the middle is bad policy . It Is my opinion . And I think we should move forward with P and Z, 810 and ACE. Council Member Jellerson said would you bl' okay with a temporary time to allow them to get into compliance? Can we allow for another period for them to get Into oompHance? Council Member Penn said because their voices are not heard very much, I woeld hke to have maybe get two or three or four merchants south of 285 on Broadway because lhey are not part ol any of those groups and they • never get heard. So I think they should be par1 of that group. Ms Wilson said Bob w,U help you Mr McCaslin said yeah I will That has been a complaint of mine '°' years. Englewood City Council Augus t 17, 2009 ·•ge25 Council Member Jefferson said tl>at Is either, so I mean , so for that, they either got to be included with ACE, or BID or otherwise we got a true task f0<ce gOlng here Maybe they can join the other organizations just for that meellng Council Member Penn said they are not a part of either one of them. so Mayor WOOdwatd said well Jeannette Eiptnosa Is Chair AsStstant Cha,r of ACE Council Member Jefferson said so perhaps when ACE has ,t they can open another opport\Jnity to some other businesses 10 hear some feedback from other bosmesses in the communlly , What do you think that Is? Counci l Member Penn said well you know, I am g~lng to have a meeting wl,h people south of 285 on Broadway and discuss things like this and that Is already ,et, that will be In the next Englewood Citizen so hopefully we can discuss that al that lime Counal Member Jefferson said fantastic I think ACE would be. I doni know d I can speak totaRy for that but I llunk they would be happy lo have some input from addrtional businesses Council Member Penn said I would Invite ACE to come down and hsten while we are talking, I think It would be important for them. Council Member Jefferso n said so does anybody oppose, I guess is th e way I'll phrase ii, does anybody oppose to allowing another period tor vo luntary compliance to these businesses who were In violation on this list? Council Member Penn said aren't they both In comphanoe now? .ouncil Member Jefferson said I don1 know They might ~Q be on compUance now. Council Member Penn said I thin~ Steve look h<s down already and I'm pretty sure Colore already has theirs down also. Council Member Jellerson said I just want 10 make sure, you know, they don't get cited over this and , ... City Ma nager Sears said we have a limited number of Cade Enforcement people and ve try to not police that department and II Council wants to move thol direction, you know, we would jus~ through our Code Enforcement people, wor1< woth these lndrviduals to come up wolh a time Certainly we are not looking lo do 11 lomorrow but lo pive them a 7 day time frame, stays within the Code and at the same time, we WIii also instruct them and I think we probably put 'n the letter th at th11 would be reviewed as part ol the sign code by ACE. by BID and alw other groups lrke Pana Z and p<obably, hopefutty !note people throughout the City but say you can come We won try to estabhsh a process so that we can get Input throughout the community Council Member Jefferson said I'm satisfied with that Council Member Moere said sounds good (Iv) Council Member Oakley He said yes, t ...-llUld just hke to th1111k eve,ybody for coming here tonight and giving us their opinions and requests on different matters 2. He said I am Just going to address one and f bel,eve It was because Martha had used my name In regard lo they enforce something other than what was on the agenda tonight In regard to his dog matter In as much as I haven't saw the Parks and Recreatron reports and I've hslened 10 two of them and there appears to t:,e other things In the works. I don't think tonight would be a lime to address It other than II Is coming up agP ' 1 •~ what .. In • wee ks you said Jim? Mayor Woodward said yes, th e a~ of September , however many weeks t• '• akley said okay, so aller that ~Jle, we will see how that comes out And I think l or the sake ol . ,,. , have (v) Council Member Wolson Englewood City Councll August 17, 2009 Page 26 She said I JUSI wanted to apolog12e to everyone ltwt •f you 1110ughl I was turning around and not t1sten1ng to that, that was not the case, or I'm not aware ot ,t My purse wos bnck hero so I m1gh1 have turned around and got something out of it but my intent was nol to not watch the Video And I dtd watch ,t 81 home In tact, I watched ,t tw1Ce al home But I do want lo apologize 11 that caino a,:ross Y.rong because 11 was nol my In 1ent and I don't remember doing ii So, please pass that along 10 ever yone 2. She said lhe other thing is I was on the Task Fo1ce, I've beon averyone kno,., my h111ory I was asked by the City lo be on the Task Force tor the dog patll I was one ol lht foundera ot Englewood Unleashed I am not a member now ... two things happened, my dog dred ond I was on Council so al lhal po,nl I 1us1 kind ol removed myself from lhal activity And for the confllCI cf 1111erei~ I don I want 10 rccuH myself from be111v able 10 make a decision. I want :o look at both sides Scheve me, alter being on the Task Force and Englewood Unleashed, I would like to see this pul to rest You know" has been coming up so I am hearing you I'm heanng Tracy ... l'n m,ss you Tracy when it's all over. I know 111s an ,ssue and 11,s not one to be taken lightly but I de app1eclate who comes forward on tK>lh sides because II does let us look al everylh,ng 3. She said I appreciate Linda Counterman coming out and speaking I was on the Task Force with her The one llung, I don't know ii everyone else on Council has been called and talked lo eboul their place or about the dog park No one has ever reached me or tried I~ call me and ask me any questions about being on the Task Force or Englewood Unleashed So feel free If you have any quesbons you can alway• call my home, My number is en the website, 3. She said I do appreciate everyone who came forward and that Is all I have. Mayor Woodward said thank you . Council Member Moore said your honor: may I jump in real quick? Mayor WoodWard said sure. Council Member Moore said just as I was having fun In the policy manual. I want to actually reinforce Jill, that you are nol free l o excuse yourself from voting on this mailer, A conhlel is ti you have a financial mleiesl or II tt has something to do with your behavior, Jill is actually required lo partlclpate unless Council unanimously e"cuses her from participating, as I understand the rules So that's not technic:aUy a conftict and K Council Members weren't anowed to vote because they had opinions, anyway, it would be a slower process than It even is today. Council Member Wilson said well and I think everyone who has been In town long enough has had their fingers in something that no one could vote on anything, there would always be something. Council Memoer Moore said thank you , your honor. Council Member Oakley said trust me, there has been tunes when t wou.:I rather not vote . Mayor Woodward said than k you Jill (vi) Council Member Jefferson: 1. He said I just wanted to thank all oflhe folks for giving their comments on the oll-leash Issue To Martha, Linda, 1J avid, Alexia, Etta, Matthew, as well as Kim Love I app,eciate you coming forward and conbnu,ng to come l.l!Ward with your thoughts and Ideas and as we try to meet some sort ot resolulion lo this issue lnal has been a long process 2 He said and now, a., far as BIii and Laura Bartnick, maybe I can get a ht1Je bit of cianf,catiOII on what exactly was decided 1n that case, because I'm a little confused , ,,ey were sayi ng they were not gu,ily on several Issues Whal were they convicted of? City Attorney Brotzman said remember I have a conflict so I'm gelling this secondhand We actually hired an outside altorney in this case Council Member Jefleison said that's right, that's right I remember. City Attorney • • Brotzman said my understanding was that they were convicted· Number 1, guilty of ::ode issues. They have to • get Inspections of the~ property Second II that they are not allowed to run a boarding house Council Member Jefferson said okay ~nd so she was asking for ,nlormation ... on information that she noeded lo comply with something? I'm getting confused on some of these d•fferenl Issues It ls getting a hltle convoluted in my mind City Attorney Brotzman said hei attorney 1s actually m-,et,ng with the budding code staff, Lance, to go through on what 1nspect1ons are sti ll outstanding and what has beer, completed Council Member Jefle1son said and II she Englewood City Council August 17, 2009 (9Page 27 gets those C11y Attorney Brotzman said she would then be 1n compliance And the Judge takes that into account on sentencing She has been convicted of not haw,g inspeclJOl\s done Thats a cnm1nal oolatoon The Judge Is going to sentence her for not having that done but he 1s going to take mto account this time penod to come into compliance Council Member Jefferson said so~ wasn't a boarding house issue Of a household ossue? City Attorney Brotzman said there's an 1nspecbon issue and there's also . she was convicted of running a boarding house. which 1~ not allowed in the R-1-A because she was she wasn't grandfathered in because she didn't have afl of her inspections done and she didn1 come into comphance Council Member Jefferson saic so even If she ccmes into compliance, she isn't going to be able to be grandfathered III City Attorney Brotzman said CCfTect Council Member Jefferson said she 1s trying to look favorable for sentencing. City Attorney Brotzman said for court, correct Council Member Jefferson said ollay He said so I mean, I guess I'm assuming we are going to be giving her that informabon that she needs to come Into compliance relatively quickly I don't know ,f we need a Councd Request on that. so I'm assuming that information will be p,ovlded to her as soon as possible City Attornev Brotzman said well Lance 1s meeting with her attorney on that so thal will be done Council Member Jefferson said good She was just asking us for that, so I don't know why she was asking us !Of lhal He said okay 3 He said to Steve, I wanted to thank him fo, coming down and giving us some Insight on what people are feeling on Broadway and some of these folks are, like I said, are our biggest partners 4. He said the one Issue I didn't bring out, I apologize, I should have when we were having that discussion about the sign codes, was the enforcement You know, I think there Is this percepbon when people come out of a'he office and from the Community Development down, lhat maybe there Is no~ you know, uneven er,r01cement ~ somelhing going on there So, you know, I noticed that one of the options was lo allow Communily Development to investigate 11 and then turn II over to Code Enforcement so that the Code Enforcement person shows up as the one who actually c~ed them. Council Mein ber Wilson said they didn't get cited Council Member Jefferson said o, the actual one grving them notice of v,olabon, I guess 1s what I should say. Ms Wilson said you know. a lot of limes with certain Issues, Community Development and Code Enforcement work together Mr Jefferson said I agree, I agree. Ms. Wilson said due to the fact that.. .... Mr Jefferson said I agree ana I just think that ii just works much better from the person who IS receiving the citation. Ms Wdson said no otatlon Counal Member Jefferson continued tt rt is from the appropnate person for that You know, I think that part of that was some old personality ccnfllcts went on and then when that person showed up at their door, lhere was a percepbon, whether it was true or not. I don1 know but there was a perception of some sor1 of uneven enforcement, And so, I just think from a policy perspective, we can avoid a lot of those issues. just by saying, send the uniform person over to the~ Code Enforcement car, you know wh~t I mean. and then they don't think anything of ll •.. Oh , they were doing their rounds. You know what I mean ar,u that 1s what they are supposed lo be doing What do you guys think of that? Council Member McCaslm said well my queshon again, were they In compliance? Mr Jefferson said no Mr McCashn said okay, well then to me, I guess. that Is the issue r.~ht there Counat Member Jefferson said so you think that anybody shook! be allowed to do that? Council Member McCashn said no. I mean, If they work for the City and work tor the department Mayor Woodward said I think It was a special case Mr, Jefferson said I agree It was a speciaf case but I just Mayor Woodward said but people being Ill and out and now but I think 11 1s up to My opinhn is that 11 starts with Gary, then ,t goes to Alan and Chief Vanderrnee to work lhese things out In thew different issues Ca1olyn deals with. or used to deal with, two different types of issues, that Is outside cede and Inside ~odo, when other .u,rent otricers on ly dealt with outside code issues Several people spoke at once City Manager Sears said the background on this was exac·Uy as you said Tricia reafly, on this Incident. she was not enfo,c,ng She actually was code 111vestigallng and the propoetor came 1n and said . what are you doing? And she said Mr Jefferson said we can avoid that . I'm talking City Manager Sears said m terms of where Council wants to go that 1s what our Code people .ire trained to do and to deal with conflicts for the most part and we Erglewood City Council August 17, 2009 Page 28 101ally agree We did have a sholtage We just had a person that ,s out and we do have a lot of zoning violat10n OSSlleS thal we ate ,n,.olved.., nght now We are JU$1 short staffed but on these W'I particular, we defirntely we have already set rt up so lhal we will have our C~e people nlake contacl throug h the PollCe Depanment Councit Membef Jefferson said so ,n the Mure, we don't have to that decision will be rr.ace at the odmlnostrabve level tt,en. correct? City Manager Sears said yes. th,s NiU be at the admlllisttallve level I can't guarantee you au the time because, you know we tiave people issue but for the most part. this would not have happened ,n the manner that k happened and had we had staff In that area. Counc:d Member Jellerson satd I understa,id that Again I 'm just trying to let you know what the perc:eptJon ,sand try to combat 50ITle of that perception because we can tum lhatatound and do a postt1Ve and say, you know, we were say,ng , I c1oni know It seems wor11ing wrth them that could t.-e a nice seling po,nt ~ we say, hey, you know. we know that the Code Enforcement offocers, as you said, are trained to do that type of thing . 5 Ho sa id Mr Corry, I think all of us realize that the policy issue for medical man1uana has been cited You iUlow we we app,opnatety taking the tine just In decide on some of these zoning issues as weU as licensing issues And we ce11a1n11· are not saying no lo lh.em forever 6 He said Lauren, I, you ~now. we talked about this Issue wrth Jil and Jim in the pasl I ge~ agree thal a citizen board shouldn't be occupied by Council oeople, however, you know when you are talking about an auoaa110n wllh a group like Englewood Unlel$hed ... lhat, in my opinion, is no reason to abstain fromVCUlg on • that Issue I hkM It more to a core value and I have had calls from the community asking me about your folks' • affiubon w1lh Englewood Unlea$hed And I told them, you know, I don1 see ft as a connlcl or interest I simply see rt as perhaps . at most, a core value It Is like being a member of the NRA and nol voting on the gun ,ssues You ltnow what I mean? I don't think that just because you have a core value there, does~·t mean thL you kna,;, you not vote on an ossue that affecis our community. Coun0II Member Wison said you have a buSlr.ess and you have a summons Mr Jefferson said there you go. ~ayor Woodward saad I am an Englewood lJon and I dldnl recuse mysett from gifllog lhe lrall1 In Belleview Pait from the L,ons 10 the City Counc:,t Membef JeNe"on said so t am 1n total agreement there I rust wanted to o.. fair on that t II-Jilk thafs al I have 13 City Manager'■ Re port (a) City Manager Sears 1a1d I have two items. One that we didn't get to ,n Study Session and this W1fl be relallvely bnel I suspect but au. Alan to go llvouglt we have to approve this alloa: s Ala.'l ,J you could do that OWedar Whole said we rec:en,ed not,ficat,on from the Division of Local Government that our Prw~I(. '\ctMty Bond AllocaUon 11 1 3 m1IIJon dollats thl$ year We are recommending that we assign thal a!lOcation to CH~A. the Chajltef ol lhe Colorado Hous,ng and F ,na,,ce Aulhonly, which is what we have done ,n the past several years. 1.3 m,n,on dollar ollocollon really, when we go through the whole bond,ng process, really doesn1 grve the project that much finanang and so -,s better t<> assign that lffllllllY to CHFA so that they can put it to better use. We have to take ac110n by September 15" or our allocation will revert to the statewide balance. Our pieferenc:e and our rec:onvnendalton IS for the as511lMlefll to be made lo CHFA and unless there was an objec:llon, ,n bring,ng IOIW8l1I the paperwork to accompli sh that on September 811 Counol Member Jefferson said iust a q111ck quest,on Dtdn1 we give that to the Boy Sc:·.>uts of Amenc:a? D<dn1 thei see a lot of th~se bOnds or was lhat different? Mayor Woodward said tt was a different type of bond but lh,s ,s lot hou 5'"9 CoullC1I .,,ember Jellerson 5.a'd that is something different counc:,1 Member Jefferson ~ II was • Englownod City Count II Augast 17, 2009 .Pape29 some other bond issue, Moyor Woodward sa,d this ,s what they have done for well since , ve been on Council. The only other ones that have come up on lhe past is lhe Meire Mayors CaucoJs which ,s out of that nght now Mayor Woodward said is there a mobOn City Man~ger Sears said we will bring II back and lake to the Council This is JUSI as we do in Study Sess1011, over and back at the r89ular meetong . (b) City Manager Sears said and !he othPr thing Is just a reminder I am going to ask Mike to talk about next Monday night's meeUng at the McClellan Reservoir We will provide the logistics to Council but I Just want you to know that we are goi ng to meet at 2 or 3 sites next Monday night , And Mike, I don't know If you could describe thal Deputy City Manager Flaherty said I will provide Information In lhe po .,ets but pnmarily due 10 lack of parlang in any of those locations, we are making provisions for the EMR F staff to te located at the northwest comer of Lucent and C-470. We will have a tent there , We will have Information and members will be available to answer questions. In !he pacl!e~ you will receive a map of the EMRF properties and basically lnfonnation on each of those properties so that each Individual, since we are not taking one vehicle to accommodate all. that you can do a self-guided tour of the Site and then come to the location at the northwest corner of that intersection for additional comments and questions to and from •he Board members City Manager Sears said we will provide them the packet If you have any questions, give me a telephone call ... give us a call. We Wtll have three sites next Monday night at McClellan . And we will probably do some car r llng to get out there. So just let me know. Council Member Penn sa,d s~,I we bring our fishing poles. Gary said If you would like to. Council Member Penn said alrighl Mayor Woodward said I guarantee that Stu wil not let you In there City Manager Sears said that's all I have. 14, City Attorney's Report C,ty Attorney Brotzman did not have any matters to bring before Council . 15. Adjournment ODWARD MOVED TO ADJOURN . The meeting adj,>urned at 10:11 p.m . . ✓-~- PUBLIC COMMENT ROSTER AGENDA ITEM 7 UNSCHEDULED PUBLIC COMMENT September 8, 2009 PLEASE LIMIT YOUR PRESENTATION TO FIVE MINUTES PLEASE PRINT NAME ADDRESS TOPIC /-IA£F£LJ t< u chllrS lli° 1 f\l\a.( ¼ab GI I • • • COUNCI L COMMUNICATI ON Dat e: Agenda Item: Subject: September 8, 2009 11 a I Bill (or an Ordinance amending 4-4-4-7C o( lhe Code, reducing the Vendor Fee from .5 percent 10 ~5 percent effective January 1, 201 O Init iat ed By: Staff Source: Department o( Finance and Admi nistra tive Serv ices · Frank Gryglewlcz, Director COUNCIL GOAL ANO PREVIOUS COUNCIL ACTION This proposal was discussed wilh Council at the Study Session held August 3, 2009; al that lime Council agreed to go forward with a fifty percent reduction In the current lee of one-half of one percent (.So/o) 10 a quaner of one percent (.25%) effective January 1, 2010. Council initially adopted this ordinance or, first reading at the August 17 mee ting. The vendor fee was established by Ordinance No. 32, Series of 1961 Section 1 2. RETAILER RESPONSIBLE FOR PAYMENT OF TAX, which provided a live percent vendor fee lo cover the "endor's expense In the collection and remittance o( sales tax. This fee has been reduced since its ini tial ra te of five percent t o 2.5 percen t by the passage of O rdinance 32, Series of 1968, to 1.6 percent by the passage ol O rdinance 27, Seri es o( 1970, and to Its current ra te o( .5 percent by Ordinance 58, Series o( 2002. RECOMMENDED ACTION Staff recommends Council approve the proposed bill (or an ordinance amending 4-44-7C of the Englewood Municipal Code. This ordinance was approved on first reading at the August 17, 2009 Council meeting. We subsequendy discovered that the effective date had been omitted from the ordinance and consequendy, we are requesting that Council approve the amended ordinance that now includes thi s inform ati on. BACKGROUND, ANALYSIS, ANO ALTERNATIVES IOENTIFIEO The Code allows a vtndor filing a timely sales lax return to the Ci ty of Englewood to retain one-half of one percent (.5%) of the taxes required 10 be collected. City staff recommends reducing this fee 10 a quaner of a percent (.25%). This action w,11 preserve Gty funds 1ha1 can be used 10 maintain staffing and provide necessary services 10 the community. FINANCIAL IMPACT The estimated savings for 2010 is approximately S48,000. LI ST Of ATTACHMENTS Proposed Bill for an Ordinance • • • ORDINANCE NO. SERIES OF 2009 BY AUTIIORITY COUNCIL BILL NO . 36 INTRODUCED BY COUNCIL MEMBER WILSON AN AMENDED BILL FOR AN ORDINANCE AM ENDING TITLE 4. CHAPTER 4, SECTION 4, SUBSECTION 7(C), OF THE ENGLEWOOD MUNlCIP AL CODE 2000, PERTAINING TO RETAILER AND VENDOR FEES FOR SALES TAX LICENSES. WHEREAS, the Englewood City Council authorized the establishment of a vendor fee which provided 3 five percenl vendor fee to cover the vendor's expense in the collection and remittance of sales tax by the passage of Ordinance No. 32, Series of 196 1; and WHEREAS, the passage of Ordinance No. 32, Series of 1968 reduced the fee from the initial rate offive percent to 2.S percent; and WHEREAS, the passage ofOrdinancc No. 27. Series of 1970 reduced the fee to 1.6 percent: and WHEREAS. the passage of Ordinance No. 58, Series of 2002 reduced the fee to .S percen1; and WHEREAS, the passage of this Ordinance will reduce the Vendor fee from .S to .2S percen1 in order to preserve City funds that can be used to maintain staffing and provide necessary services to the community; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : ~-The City Council oftbe City of Englewood, Colorado hereby authorized amending Title 4, Chapter 4, Section 4, Subsection 7(C). of the Englewood Municipal Code 2000, entitled "Sales Tu Re1urns" to read as follows: 4-4-4-7: Sales Tax Returns. A. Eveey person required to obtain a sales tax license pursuant to the provi sions of Section 444-4, shall file a sales tu re1um. with payment of tax owed, if any. upon the standard Muruc,pal sales and use 1ax reporting form as adopted by the Executive Director of the Colorado Department of Revenue, not Inter than the twentieth day of each month for the preceding cale11dar month: provided, however, that if the account ing methods regularly employed by the licensed remiler in the transaction of his/her business, or other conditions, arc such that reports of sales made on a calendsr monthly basis will impose unnecessary hardship, the Director may, upon reques1 of said re1a1ler, acccpl :cports at such intervals as will, in his/lter opinion. better suit the convenience of the UUtpayer. and will not jeopardi7.c the collection of the tax . l B The rc1ums so lilcd ,hall com,1111 ,uch 1111<1nn.11111n ·" ma) cru1hlc 1he 1>1rc.:1,,, 10 Jccum1el) • d<1l'fl111RC 1he Jn10u111 of tax collecu.-d hr t he p<.'fSOn filinp ilw rc1um, hut mall rnscs ,hall cmuuin tht:-follc1w111l! mfo nm1twn The a111ou111 lll gross 1axahk <ales made hy the retailer dunng the pcnod for wluch the rctum os filed, ~-TI1c 10ml sales pncc of nil pr,,pen) returned by 1hc purchaser as a re.uh of a return of goods sold hy the rctntf(.'I'. provid1.-d. the onginal sale wos a taxable tmnsnction: 3. The total fair 1113tkct value of any propcny received by the retailer as a re.suit of an exchange of property: provided the propcny so received 1s held by the retn1ler to be sold or leased lo a user or consumer in the regular course of his/her business: 4. The 101nl amount of retail sales wluch arc exempt from the tax imposed by Section 4- 4-4-2 by reason of the provisions r,f Secuon 4-4-4-3; 5. The total amount of sales made on credit. tl1e obligatio n for which 1s not secured by n conditional saleie contmct, chouel mongage or Other security instrument entitling the retailer to repossess the item sold, which are found to be worthless nnd which moy be deducted as bad debts on the retailer's Federal income tax relum. C. The return shall be accompanied by nn amoun t equal to 1he sales ta~ required to be collected by the retailer but which. in no case, shall be less than the amount actually collected. nor less than three and one-hat f percent (3.5%) of the figure denved by subtracung from the gross taxable sales., AS reOccted on the n:turn. the total sales described • in subsection 82, 3, 4 and S above. as reflected on the return: provided. however, the ret ailer mny deduct from the total tax due an amount equal to eM--!Mtlf ~ percent (CMG ~of the sales tax required to be collected. which may be retained by the retai ler as a fee fo r collect in g said tnx. If the return or the tnx remittance is filed later than the twentieth day of each month or as prescribed by the Director. the~~ per«nt (M) ~ vendor's foe al lowance sha ll be forfeited nnd added to the nmount of the deficiency. D. All oth,:r pClllons shall pay to 1hc Director the amount of any tax due under the provisions of this Scclion 4-4-4-7, not later than lificen ( 15) days after the date that snid tax becomes due. S~-ction 2. Safety Clauses. The City Cou nc il hereby finds. d,1ermincs, nnd declares lhlt this Ordinance is promulgated under the general police power of the City of Englewood, tha t it is promulgated for the health, safety. and welfare of the public, and that this Ordinance 1s n=ssary for the preservation ofh<ltlth and safety and for the protection of public convenience and welfare. The City Council fun her detcnniocs t hn t 1hc Ordinance beru-s a m1ional rclntion to the proper le~islntive ohJcct sought to be ootaont!d. ~ Sevcrnbili\y, If any clause, sentence, pamgrnph, or part of this Ordinance or the application 1heteofto any person or circumstances shall for any reason be ndjudgcd by a court of competent jurisdiction invalid, such judgment shall not affect. 1111pair or invalidale the remainder of this Ordinance or it application to olher persons or circumstances. 2 • • • • ~ lncnn,,s1cn1 Qrdmances. All 01hcr Ordmances or pon,ons 1hcrcof mcons1s1cnt or conn1c11ng w11h 1h1s Ordmancc or any pon1on hcrenf arc hereby repealed 1<1 1he cX1en1 of such mcon.sislcncy or connic1. Secuon 5. Effect of rcpe3l Qr modificauon. The repeal or mnd11ica11on of any prov1s1on of 1hc Code of the C11y of Englewood by 1lus Ordinance shall no1 release, eKUnguish. a her. modify, or chnngc in whole or in pan any penally, forfci1ure. or liabilily, eilhcr civil or criminal. which shall have been mcurnd under such provision. and each provision shall be lrcated and held as s1ill rcrnammg m force for 1he purposes of suslainmg any and all proper actions, su11s, proceedings . and prosecu1ions for the enforccmen1 of the penally, forfeiture, or liabilily. as well as for the purpose of sustaining any judgment, decree. or order which can or may be rendered. cmcred. or made in such ac1ions. suiis, proceedings, or proscculions. ~ ~ The Penally Provision of Section 1-4-1 EMC shall npply to each and every viola1ion of this Ordinance. ~ The change in Vendor fees shall be effcclive January I, 2010. lnlrOduccd, read in full, and passed on first reading on lhe 17th day of August. 2009. Published as n Bill for an Ordinance in the City's official newspaper on the 21" dny of August, 2009. Published as a Bill for an Ordinance on the Ci1y's official website begiMing on the 19th day of Augusl, 2009 for lhirty (30) days . Amended and rcmtroduccd, read in full, and passed as amended on lhc 8th day of September, 2009. Published as an amended Bill for an Ordinance in the City's official newspaper on the 11th day of Scp1cmbcr, 2009. Published as an amended Bill for an Ordinance on the City's official wcbsi 1e bcgiMing on the 9~ day of September, 2009 for thirty (30) days. A1TEST: James K. Woodward, Mayor Loucrishin A. Ellis. City Clerk L Loucrishia A. Ellis. City Clerk oflhc City of Englewood, Colorado, hereby certify thal the above and foregoing is a 1rue copy or an amended Bill for an Ordinance, reintroduced, read in full, and passed on 1he 8th day of September, 2009 . Loucrishia A. Ellis 3 • • COUNCI L COMMUNICATION Date: Agenda Item: Su bjecl: September 6, 2009 11 a ii Acceptance of the COPS Hmng Reco, el) Program Grant Award Initiated By: Staff So urce: Police Department John Collins, Deputy Chief or Police COUNCIL GOAL AND PR EVIOUS COUNCIL ACTION This grant was discussed wl lh City Council during the March 23, 2009 Study Session RECOMMfNDED ACTION The Police Department is recommending 1hat City Council adopt a bill /or an ordinance authorizing the acceptance of the Community Orien ted Polldng SeNices Hiring RecO\'ery Program (CHRP) granl via the U.S. Department of Justice . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The solicitation for the CHRP grant ap pl icalion was announced on March 16, 2009. At Council's direction, the Police Department submitted its application requesting four entry level police officers on March 31, 2009. The purpose of the grant is to preserve and create jobs and to increase a police agency's capacity in its community policing and crime prevention efforts. The stated pu rpose of the Po lice Department's application was lo re-establish the Impact Team. One bi111on dollars was available to law enforcement agencies throughout the United Stales. Nationwide, 7,272 agencies applied for CHRP funding. Including 103 law enforcement agencies in Colorado. These requests exceeded eight billion dollars In funding requests. On July 26, 2009, the Police Departmen t was notified thal it was successful in its grant applic.1rion and was awarded $697, 146 for three entry level police officer positions. FI NANCIAL IMPACT CHRP funding will pay for three entry level police office r positions, sa lary and benefits, for th e firs t three years of the grant. The grant mandates that the City of Englewood maintain these three grant positions for a fourth year and that the City assume responsibility for th e salary a nd benefits of the lhree officers. Also, the grant mandates that the Police Department must malnt.iln Its ,uthorized staffing levels as th ey existed when the grant was submitted on Ma rch 31, 2009. • LIST OF ATTACHMENTS Bill for Jn Ordinance • • • ORDINA."lCE NO. SERIES 0F 2009 BY AUTHORJTY COUNCil. BILL NO . 38 INTRODUCED BY COU NC IL MEMBER ____ _ A BILL FOR AN ORDL'JANCE AUTHORIZING TI-IE ACCEPTANCE OF COPS HIRJNG RECOVERY PROGRAM (CHRP) 2009 GRANT FROM TI-IE UNITED STA TES DEPARTMEITT OF JUSTICE. OFFICE OF COMMUNITY ORIENTED POLICING SERVICES #2009RKWXOl 8 I. WHEREAS, 1he Englewood Ci1y Council reviewed and au1horized lhe Ci1y to submit application for the COPS Hiring Recovery Program 2009 Grant reques1ing four entry level police officers: and WHEREAS. the purpose of this Grant is to preserve and crcnte jobs nnd 10 increase a police agcnc)"s capacity in ii 's communi1y policing and crime prevention efforts by re-establishing 1be Impact Team; and WHEREAS, the U.S. Depanmen1 of Justice -Office Of Community Oriented Policing Scrvtccs has awarded Englewood Police Department the COPS Hiring Recovery Program 2009 Gram in the amoun1 of$697,146; NOW, TifEREFORE, BE IT ORDAINED BY THE CITY COUNCil. OF THE CfTV OF ENGLEWOOD, COLORADO. AS FOLLOWS: ~-The Ci1y Council of the City of Englewood, Colorado hereby authorius the acccp1ance of the COPS Hiring Recovery Program 2009 Grant, a copy of which is marlced as "Exhibit A" and attached hereto. ~-The Chief of Police is hereby authorized to sign the COPS Hiring Recovery Program 2009 Gram on behalf of the City of Englewood. Introduced, read in full, and passed on first reading on the s• day of September, 2009. Published as a Bill for an Ordinance in the City's official newspaper on the 11th day of Scp1ernbcr. 2009. Published as a Bill for an Ordinance on the City's official website bcgiMing on the 9th day of Scp1ernbcr. 2009 for thin)• (30) days. ATTEST: James K. Woodward, Mayor Loucnshia A Elhs, City Clerlc Off.a of"" o,,,.,,,.,. J//l/Y"""""A""""'•NW lfa1/u•Cf"'-DC 20SJO O,icf of Police TI10mas Vandermee Englewood Police Department 361S S. Et.i Stroel Englowood. CXJ JOI 10 OS. Department of Justice Office o! Corn:nunity O:ienltd Policing Serv,ccs (COPS} July 28, 2009 Re: OOPS Hiring Rl,covery Program Gmlt # 2009RX.WXOJ 81 ORJI: COOOJOI Dear Chief of Police Vandormee: Once again, l would like to congrsllllatt you on r=:iving a COPS Hirin& Recovery Program (CHRP) 1wa.-d. Y0ut award is for 3 officcrposl1ion111nd $697,146 in fede:al f\uu!.s ovor I tbreo-year grant period. YOII' ageuoy may oow begin hiring orn,bi.-in& offic,:n; ID fiU CHRP grant-funded pmitions. Enclosed in Ibis package is your gram awmd. The A.ward Do:WDent 111uat be siglled and relllrnod to the COPS O!lice within 90 d•YJ to oIDclally accept your rra•L The F111queutly Asked Question• (FAQ) document included in this paul:age s)iould be helpful in answering any questions you may have about accepting your award, or requesting additional time to do so. Beginning on the rovc:se side of your Award Documonl, you will iind a total of three pages ofCHRP Grant Terms and Conditions. You should~ and fluniliariz.o yourscllwlth all 16 u:nns ond conditions tba1 apply to yow-CHRP •~an!. A Sllpplcmelllll online award pecuge for CHIU' pnt,,,s can be found at httJ>:l/www.cop5.y,doj.retpefirulLasp'1Jteue227J. We strongly cncowtgt you to visit this sm: immediately to accoa a variety of important and helpful docWDtnts IWOciated with YO\lf awatd, including the CHRP Orant Owner's Manual, which specifies the torms, conditions, lllld 19C1uirernonts of your grant. Also, within a fow weeks you should rcccive an important packDgt from 111• Office of the Chief Financial Officer, Office of Justice Programs, which will contain the forms w,d instructions oecesswy 10 begin dnwing down funds for your grant As mentioned II the time of announcement, each CHRP application waa subject 11> a t!,orougb ravicw, and 90lllC of your application information may have been updated or corrected from the original wmon submil!Od to COPS. If you hove DD! )'Cl done so, pk:mc access your application 11 http;/lwww cops,ll!<loj gov/Defaultasp?Jtem-464 and print end mainlaill • f111al copy for your ,ceords [If you are unal,le to print • COP'I of your appticalion, please conlld the COPS Olli~ Di 800.421.6n0). The Financinl Clearnnoe Memorandum (PCM) and Final Funding Memorandum (FFM) included in this package reflect alloWllble cosls and amounts under your award. The PCM specifies the amoont of COPS Hiring Recovery Program funds awarded to your agency for officer sa.laries and appro\/Od benefits, wltlle the FFM contains the final office.-salary and fringe benefit categories and ( ' (_,> amounu fo: wh,cll your •t"""l was apµroverl. i'loo,;c r<vlew bntl1 dooumonts tircfully, a, you, agcnr)' m•) on!y be rtimbursed for the amoum: nnd approvod CO!! catcgonC! llllliCl!ted 1-J • nimiode:, undeJ Q!RP all poolt,n!ll' awnrdcd (o, nn eq ual number of veteran officera) mu.t Initiate or eruunce community policing in aeoordnnce With die commtnuty policing plan as dencrlbed with in Sottion S ofytu apphcati~n. I' for any ru::on your ni:cncyflnds Iha! your community policing plans ha., slgnifieanti)' obonged from U1ose ou tlin ed In yo,r appl,cnhon (e.g., bctalu• you received fewer officm than oricinnlly requested and thus must alter the stepe of your community policing plonr,), please revise !ht pion accordingly aod submil it to die COPS Office for review and npproval, You should also oontaet d,e COPS Office i~ for nny reasoo, you need to modrfy yow gnnt award. This Includes any rcalloo.ation of your awarded positions acro=s the three prim11ry hiring categories (i.e., new hires, rehi~ of officen, laid ofr pre-application, and rehires of officei, lai d off or scheduled to be laid off posl-appllcatlon). As explained at the 1Jme of gram application, there m significant repo,1ing requlremcna on the use ofCHRP funds. In addition to quarleliy financial and programmetic progress reports sul,mittod to the COPS Ofiiec, CHRP grantees are also required to subm~ quar!erly Recovery Aat repor1S within JO days after the end of each calendar quarter to www.FederllRerorting.gov. The.,o Rocove:y AOI repor1S will be made aYllllable to the public on www Ruovery go,. All grantees must be registered es authorized usen prior to submitting reports to www.FederalReportin• gov, The rcglstro!lon functlon on www Fodera!Roporting.goy w!U be available no lalllr dim August 26, 2009, Plcnse note that n>gistra!ion with Ibis wohsi1I: also n,quires users to be registered with the Cantrel Con-~Cll (CCR) and have I Dun li' Rradstrcet D818 Universal Numbering System (DUNS) number. R.cgist&ing with CCR and obtamlllf' • DUNS number take !llllltional proccssin& time, so your BFncy should m immed~ :su:p, to tm=t th= rcqulrementi in ldvance of registration with www.FedgajRmorjinS,glJ'/' F01 111-~ltional infotmation on CCR and DUNS, plcosc refer u, the CHRP Gnnt Owner's Mnoual Bl ht1n:/lwww.0op,,usdo).goy}Defaak,asp?ltmn"2270. Finally, pl .... remombc-that grantees mus! relllln all sworn officer positions awarded under the CSRP pm for• minimum or 12 mOl\1hs following the 36-month fedenii funding pe.;od. The retained CHRP-fundcd poskion(s) should be addod to your law enforcem:nt ~•t with state and/or locel funds, over ml lbovr the number of locally-funded positions tha! would have existed in lhe absen::e o: tho grimt In your CHRP grant epplicnllon, your agency Wall required to ef!irm that It pllllS to retain the additional officer positions awarded following the expmlion of the pant, and to identify the plnnned soun:es of retention funding, I( durint; tbe life of the gnn1, you have questions regarding the retenlion requiremcul or your rclc;Jlion fw:ding sou roes, please cont&l:I the COPS Office fur assistance. Once again, 00og1allda!Jons on your CHRP award. If you hove nay questions about your gn,nl. please do not hcsl!Ble to call the COPS Office Response Center m 80(>.421.6770. Sincerely, David M. Buchnnan Acting Director • • • I. l..oucrishia A Ellis. City Cieri: of the City of En~lewood. Colorado. hercb)' certify 1ha1 the above and foregoing 1s a true cop) of a 8111 for an Ordmancc, mtroduced, read m full. and passed on first rending on the 81b day of September, 2009. Loucrish1a A. Ellis • • • r&cnt Off~fllMlf~ p o1/b'.1io { ranl~ward '4]t"""' llf AwlnllD:, // 88361 Ii,, • • • U. S, Oeponmont of /llllioe Ojf~ o/C,,mmun/{1 Orl111tod PoUcbif s......, COPS Wrlnc Recovery Program Grant TUJN and Condition, By 1lpln1 11,. Award Documonl to ,ccep, Otis COPS Hlrln1 Recovery Pro,nm (CKRP) '""~ ch, 111"100 ., .... ID 1bld, by lh< lollowlns ,...i tsms md oondltionc I. '1"M putoo •-to""""'' wllll th, -IOd conditions In lhia COPS Hiina R.ooowry "'8mn 011n1 Own,r'1 Manllll; CXll'S ,11111io (42 U,S.C. J, 3796dd, OI ooq,); 21 C.P,lt Pen 66 or 21 C.F.R.. Pan 70 u 1Wlio1bl• (Jowmlna 1dmlnlm1lve 11qulflnoon11 for 1ran11 and oooperall,e 11,..mon11); 2 C.F.lt P.,, 215 (0MB Clroular A•l7), 2 C.F.lt Pan 220 (0MB Choulu A-2 1~ 2 C.F,lt Pan 230(0M8 Cln:ular A•lll)and 41 C.P.lt '"' )1,000 01 ""I• (!'AR 31.2) u 'l'Pilclblo(lo __ a_ prinolplca); 0MB Oroular A- m (ao .... in, 11111!1~ "'-'"'"Din~-IOd Roln-,., .. ~-A<C)or2009, P.1..111-l; .. _lltlDN .... Ill< (X)PS Klrina Roeo'"')' Pro111'1fn ll"IOI IIJ>!llioation; ind 111 olhor toppllCllbl• pro,.,. roquinmon11, law■, onln, ,.g11l11lo,,1, or oln:ul111, 1. 'l\o armtoo ..,... to OOfflliy with Ill< ,.,__ and C1111flcall0111 r,,.,,,. 1h11 ,... .,bintlrd u pan o/ kl COPS Hirina ~ Propom appllOldoa. J, '!'1,o l'undlna undO' lhil !"'ioot I• l'or tho payment orapproYOd l'ul~dm, 1111r)'-lovol NOm orr.corqllri• and IHnp bcnont, ,.., three yca11 (for o mtal orl6 monilll of l'undlnll) lot new or rthll'ld additional, carcct low cnfor11,menl o moor po,IUona, hind III or ,lier 11,z 1\ntll 1t1r1 dllo. 'Ille Floenolal ~ Momonndwn lrdudod fn ,w 111,w po,l,,t ,peotflor Iii, -1M1 tho pntoo a al'-d 10 llmd wltll )'IOIW QIIU' ■WIid. II will abo ~ IIIY -Wliloh ha YI • dllallowd tllor rovlew of )'!Ill' propolOd bud pt Th• I"""' moy not ua CH1U' l'unda lbr an)'lhh\i nat ld111ll"ed 111llowoblo In Iii, Flnaocl1I 0-MlfflOIWldum. 4, Cl!RP lfllll l\lnda moy not bc u,od to ropl101 -or looal l\lnd, (or, l\lr trlbll ~ a.,. or lndlln All'iln l\lnd,J 11111 would, lnlho ■-orr.dorllald,bcmado1nlt.l•r.rhim,rodlotrohfrl,.lllll•tina-1n..._omoorpoolt!ooa. s. IJ lho limo or f11111ppllosllon, lh• aro-oonwnHlod CD 1'1tlinln1 1H CRRP om.. pooltlonl M&lded with 111to ardlor IDCII l'und, ror I mJnln'Alm or 12 mondu II tho oonclu~oo or l6 monlha or lbdonl l\lndlna r.r oaah poitlon, °""' md lboYO 111, numbor or loc1Uy.l\lndod poaltiool 1h11 .... 1c1 MYI aJllod ' tho ....,. or lht pant. You Clll!Dt llliafy tho rmntiOII ............ , by Olla& CRRP poulloM to 1111-.ol• ln>m lttrtllon. ,. 'l\c pulN ,,,_, ,oquoll u Oll-lon o/ I,, ""11 awanl period ID l'ODOlvo addltioul tin,, In lmpiernlml llio pint propm. Sooh olltlnlloru do no/ provido addlffonal l'undma, Only thOIO lffll-ihll ... provide a 1'0IIOnable)o1tfftootion ror delay, will bc 111ntod n..-e:tlllllfona. R.ooloolbil JUltfflolrioftl ny lncludt delay, lo lllrina CXWS.ftmdod polillou, offloor tumoYlf, or other .....,..,_ 1h11 illlmlpl h 36-month pll llmdlnc p,rlod. AA Gtoul• IIIDM tht PM In --b aJOh deloya by p,ovldlna oddllloMI 11m< io-""' lh, Ml u rnonlilnr ru..s1111 ror oaoh poo111on owwded. 41JA1/eft ,...., mer kc raw sdec ta 0n ,M Mk ef'llec 1m&ate-tmwtoa 'IPMlffl l1Pffm:1 e0,c AO atsmf lwv mlrJd wtll kl wreW eah, M04cc m Um4td FP'SHIV'9AGIL 1. Durtoa h CIRP .,..i ■-period, k ffllY_,,-, for• -CD modify Its 0IRP p,e awwd dut,. _.., .... ..-,)"• Aal or lnr on,.,..,,,.,. ol.uodoo. For .-oc, modlfiClllon roqu..,. Mid be subrnlttwd ID lltc COPS Offloe tilion a, apnoy dclolminol t\111 II will need to lhlft ollioer pooltloru awudod In one hlrlna ..... ry lnlD t dlffi:rcn1 hlnna -,.,y or ..duce tho lolll nvmbor of polldou awarded. Onnt modlficaUona under 0llU' ., cvalllllod oo , -.by-cu, bull. All modlficltioo roq.-11N1t be ■pproYld, In wrilina. by lht CXll'S Offico prior CD llllir ...,temonlldon. la aldon, P'-be aWIIO tbll lht CXll'S Offloo wll llOl llf'P"I" .,y modlfteariDII IIIQUlll lhll rtllUI~ In a t-~ lednl I\IDCIL I, Tho COPS Offioo m1y oonduot monlt!lnna or iponlDf noUonol mlulllon1 or Ibo OOPS lllrln1 Rocow,y Prcaram. The grani.. ljjroe, to oooporate wldi 1ho monlllln and rniullO!L 9. 'I\ •ill Iha COPS Oflico lo i!lo moollo .... ~-award, the poni. -ID IIOlimil qull1oo1y '""'"""""o pl'Ol1'0II nportr and q"'111111Y fin1nolal llpD<1I In addldon ID 111y ropom r.qul,od by tho l\eoove,y Ari. Tho lflll"' alto -lo aubmlt ~I roquutod "IJOltl In • Umoly monnor. It. 1\e COPS Offiee porbnw moos ftmtillOI lo_,. ~ilnoo WIIII 111 ,ia ""l"i-ta. ID -di& ~111101 of ..,,._1typollalq lo awdorl Jllrildiotlon,, led to provldo lzduaioal ..i-Ill panlOor. Q-ant ..,.ltoiina aotMtloo.,. roulloe d•rin& th,.,.., pcrl!ld and mil' Ooc,Jr up Ill lhllO yca11 &>llowt111 111, offlolal 01 ...... or th,.,. IWlnl. Thon flmcliona, and .11, ... , ofl-.1 roqul11 Ille produodon of ,n,1l-rel11ed docwncntatloo IOd olhw m&lorillL A.I a OOPS CKRP Ptlae, )'!IU -In ooop,nl! with ony Noh "'ll""i l'or lal\lrmation, 11, The pmloo-10......,tr wit!, Iha llldonl roplatlona pninlnJ IO d,eclom_,i and irn;io1Tatt1U01 of 1111 !!qu&I ~loym<111 0pi>or11m1ty Pio (21 C.F.R. Pon 42 oubplrt B), For wltllnoc, .,.._ lhould oonailt "' Offloo or Jullloe PN>,nm1, omoo for Ovll Rlahll weblltc II WWW PIP y199!,qqylal,gsn(pq/W1R him. I l. 1\t plnlN -ID ...,..1111 and t..., • tit, • """"'1ffllO, I 8"""' of QIWllll,lp ml lmmlpalion Sinlool an.,ioyma,t BlllfbO!ty Vortl',oalioo l'onn Q•9). n,11 limn lo ID bo uood by rcoip!m,ts of federal l'uod, ID vartly Iba pc110111.,. oli11olc ID w..t In tholJnllDdS11tea. ll, All newly bind, additional offic:cn (or .. oqual number of redeployed ,....,, offlcaa) l'uadod md« 0!RP 111111 onpa• ta Dlffllffll1lily polldn& aotlvtd& Comr.lmlty polidna lldlvtti,a to be lnltlatod or -by lh• -_., Identified ad doc,'bod lo )'!Ill' O!lU' ""'1 toppllclllon, with n:ftrwloc ID o..tl of tho followlna olomen~ of nornmunlt)' pollolnr, a) oornmunlty ?1ge I of3 (_ · ! lk!p:uuwm: ot Ju.'lttr.t' "'Jfficr '?' C iffllf'lfUnl~ .::,.-1,!11Ur ... ' 1J1.:1ng (r,, ~ cors 1!1rini: RC!t'.l',·e,, J 1ro;n10 Cru1111'cr ma. irnd Ctmdlt1Dm 1»rtncrslup1, ind i upporl, b) rclntad Rovcmmcnta arid commumt, 1nr...cs'ld Um! co~ &lie p-zurc-! propos:« llSr c:if .::HIIJ' ftn1anc. 111d t i~• dlt ,,_w wiJI UJt: tM !t.tnM lO rroricn1 Ju 1nw.iot1 or cnhAncc hr. ccimrnllm-:a1 11, communlo· nohcmr; IC, Orantea thmprot,1dlf li,c,wc:1forcemm1 scmcc: u anoU1er ~ lirou~h a C'.(lntrael mu~ ctt::urr thDt o!Trcc:r:. funded under 1h1r: CHiU' 1runt DO not ::mlee tht other Jun.".dirJ.ion, bu: w1lf nnlJ he 1nYDlvcd ut ICIMtie:. or pcrf«JDaemce:: lhlta;du:ivdy bctdll U~ (:l'Drttcc'~ owt Jm.sdicttan GrMi=s canno: u,c: CHRJ1 f&Mds: to pi)' fo: 11 CMlroct to rl"..ecive lo.lo\ enforcement 1crv1c:c1 fron1 1mothcr •tenr:)' JS. Fals: #tll.CmCIWi o, cblm11 madt ln connr.ntlnn w1tn oors i:rint.r rt1G)' rrsul{ 1n rmc1, ~~ CW debwmcnl from pat,cipaw,g ii' lcdcnl graiu or cantr1eu., ltd/or my od:acJ-ran:d) IY•illlbk b~ In IG n, pl:< -1h11 di, COPS Hll'int: Re:o,a,y Progn,m is lundcd lhrouth th, AmcrlOAn ltcoovc1)' ,nd Roinvestonent Act (Rr.covuy M) of 2009 "11d 11,grcc:1 to ncnnpl) wttl1 the oxtcnmvc IUiOOlffltlblhty Ind lrlmpnnq-rcqUinmtnt: Da Che me. of Rc<o..,,, Ael fund: · (A) Rt:mwn Ad. Irrertk:m List¢ ;n ,%h;.dulr Qf &p;.ndimr~ demi AwardP 111d Rw~cmslhUit,cs fnt' Inform me ~ ( I) To fflWffllU th• '""'"'"ency ond ICOOUl11'bnity of funm IIUlbori::d •nda U,.Ame,lca,t n..ovcry 1111d fu:invCllmUol Ad of 2009 (Publle L,w J 11 ·S) (Rocovuy Atl) as roguired by Conpw an,! In .,eordonc, wllh 2.! CF,R. 70 "Uniform Admlnl::tra~,. Rc,iulrtmM~ for Oronta and A,!feemtffl! for lns'Jl!I6mta cf lf,ahct l!dllcltiao, H111pltllJ ond 0dw Noo-P,v5t Orpnlzalions'' onil 2.! Cf .Jl 66 "Uilfonn Adtlinlstrld,c ll.ogulrcm=ll for Grant, 11N1 AJ,ecrnen!J !or Slttc nod Lccol Government:.," lh, r<dpiem agrw iC m&lnlaln record, lhat ldcntil)' adcquotcly !he...,,.. 1111d appbcobara oflleconty Aot bda. (2) Por , roclpient, DJYerod by the S,nglt Audi! Ad -of 1996 IOd 0MB Ci!allr A-m. "AudllS ol Statos, Loo&I Oo-ltld Nao-Ptolit Orpnlzatiom," lho ret!plcnt Iii'°" IO ,cp&rotcly Identify the cxpcr,lituia !ar !cdcnl owvds und..-lho RcoovCI)' Ad •• the Schedule ol'Bxpcndrtu,a of Fedcru Ami (SB!'~ trnd ih< Doll Colledlal """" (SF-SAC) ro<jlll,ed by 0MB 0tamr A-Ill. This mall bt -,pplbhed by ldaati!)'l111 mcpcndhw.s !or !cdor&I oword, m>ti, utld,r lh, R,co'ICl'J' A<heponrtolyoo the S6PA, ■nd ,s ,Cp■n!IO !DWI uoder ll<m 9 a! hn m Oil lhc SF-SAC by CFDA mimba. ad ncluslori of !be prcffl • AJU\A." lo ldct.a!yioa thr_.oflbo l:daoJ pro.,...on tbt.SEPA tmda,lh<li!,l dwlOlet!ln lll:rn 9d of Port ID"' !he SF.SAC. (3) llio t._: qre,, to ,eparatcly ldeoll/y to eaclt llll>-nolpleni (11111\Y) ond cknumet11 11 the 1rnc of ,ul,.oward 11nd II lh, dm, of obbur:10men1 of fund!, lh< fedtrol ,won! numl>cr, CFDA mmibc:, tmd IIIDillllll of r.-vay Att fll:id>. Wbto • n:tlplet11 awaNI, RemmJ ACI funds !ar ID ablioi pro"""' 1bt ln!om:atlon fumbhed m :rub-reclplcnu "'8U dirunsu1'h lhe aib-awnnfs of tncrcmtotll R.ccovcry Ad f\lndf !ram n.gub: ltl'b-lwtrcb: under the mstma procrem. (4)11>, ,.,,p,ont Oj;IC:Sn> r,qairc tJm,sub-r=,pr011>~u1) 101oclml• oo lh,u S!!PA illforatioo 10 Sl)C<lficolly idMllf)• RecoVCI)' lv:I. ~ Jlffll.lar ti tht" rtquirenl.entll for the rc::1p1~t SEFA described n.bo¥c., Toh infonnatiosi ii needed to iltow the rcc'lpient 10 properl1 monitor :s11bffl:ip1m: <Xp<ndJnm, of Rct:OYtl)' A:1 fuoll, tc well or OYC:Sigbl Ii) tht 1)::pmmmt ol lustlct, Offict of 111• ln,pdOr Gtanl 10d OoffllllllCOI Actounllbillty Olioot. (B) RtJman Report; and C;JlUAI CoOUl!tllOC Rec]S\aitmo (I) The 1eciplcn1 lllll=• ID complete projcou or activlH.,. which.,. funtlod under tile 8-An.and m n,pm Oil ux mR,oovc,y A:J.lumlspro,lded lhruttp lhllawn l.rt!omtllwo brr U-rcJ81Swlll bcmodc ,..il11Jle1011-cpublio (2) 'Ille n:po,11 on, dut DO Ille, 11w, , .. c:al:otla! doys l&r t:DCh .calcnda, quar1<:1 in which tile ~lent rccolvcs lhc om,1ru11:c nward ruadcd in whole er in p11r1 b1 Ibo Recovery Act. (3) Th• roclp~nt 11nd th<lr flTIHier rcoipisnts or nny) mu,I IJllintoiD cum:nl regiilnrllou ia llo c.nu.i Caotrotlor Rcgl:lrultx, ( ....... ar.go,) al all bm:I duriro& whlcb lhcy .ltevo octi"' lederol nw,rd., fun<lcd wllh l\ceovCI)' A• fundL A Dun and Brud,i,..1 Da1a Unlvcr,oi Numbcrin& SyslDm (DUNS} Numb.,-(www.dnb.com) b on< oftbc t<!JU!n:mcnlS !or u;istntJoo ir, lhe Co!w1II Conu.dar iu..- (4) 11>t ruipicnl wM rc:p,rl l1ro ln!onnciioo dcsc,ibcd in ,ec1100 IS12(d) or the R•~o,cry Ac! ..:int lhc roponing ittllnietions ,nd data clemcnt~ll1nt wlU br pmvwfr.d online 11t www.Fcdeffltncpo,b "vandcmwc. lta.--, ia:fani.etiootbat is p1t•1iUcd b com:ctod OI ~ 1:1 ocaled. (C> P,taEJcurnu q(Rct;Jr,iqiU\9!Jwl In-...., wllh ,octltxt 15l2(c) ol the l\ec:ovcry Act, 1h, moiplcnl 'II'"' th,1 nol latcr lhnn 1D d■yu!mr drc ond of cadi aleodor qunrnr, clldt ier1pia11 lhll r=~cd lta:o•C!)' Att. ,_,.fiorn1lmcnl-1hallsllbml1 nrc,port to lhol •l~IC)' lbut con10ins- (I) llr tor•-ol _,.,, !undl 1...t•cd frota lbri ogcnoy; (2) llr-o!-, IJlndrrtCOJved th.ll~crc Cll()Cltdcd or obligated 1opr0Joots ors,uvllir.s;,nd (3) • dt:lalled ill of &II pro)c<:tsor octivld"5 Cor which recovery fund,.,,., c,pmdcd or obilgMcd, ilcluding - (1) thr rurnc ur 1hr p,ojea or no11vity. (b) 11 dc."1Cfi~•;u11 ,pffhr pro)CCC or lCtivl!r, • • • u s Depe~en: or J.ut~ Ojr.::L q(Con,'"amlty 0--1.c,i::d f:,!1cm~ St:r,i,ct, COJ'S H1nnc Reco,-er-,· Pr1tc-nm G""11a: Termc and Condtunn1 ,e:) a: CVIICDllOtl of tho c.omplel.1ori ltcllUI of Utt proJt:I Dr letlvl:)', d) a: ut1m1tt oflht n.umbcr of Job, ~.od 11nd lht numhti of1::iosreu11nod b) t1)l' proJU:! oroouvlty, Md a) r~-u,fr"1Nctun: lnvc:r1mcnt, rnndr, b) mrr and l~I govc:mment!, lhc r,urpor.: IOLn CIOSl, ind mt1on1tlt or Ille: llgmlO)' fot iund1;-it the. 1nfru.-nru0Lure. tnvc.umeni w11h fund, n1o11dt 11v1dtabk undc· this Ad, 0.11d n11mr. of !he pcr,on 1e1 contiu:t 0.1 the agency Ir :hesc nrc concefflli wltt, (he 1nrro1truclure lnvcatmonl (.C) Dec11J~ lnformntlon on 111boontr10t1 Of 5ubg;rML~ (Ir nny) awarded oy the. rec.11nant In molude lhe dnui olcrnouLS rtqul red to comnly •Ith tJic FedC111I FundinQ Accountobilll)' nnd Tronlflor:ncy Act of2006 (Public t.ow 109-212), ollowrn; acgrcgolc rcporuni on l~'llrd1 b.~o .... ru,ooo Otto 1ndlYldu11l1, U prcsulbc.d by the Dircetor or the OfrkX or M1n1e,cmonl &nd Bud&el Toe,, RpO!'II 1te bl tddltloo to olho-Onwlol 1nd pn>gM1mali< repo,:, rcquln:d by Ill< C'.OP'. O!!ic<. co~ A!'&C-'!" m Rronab ■nd lnmim Tho redpd """"' 1h11 the ~ or Jusdce (DOI) and 111 -=aoab,.. (locluclinc cors and Ibo OITa or lhc lmpo:aor Oconl (Olv)) and Ibo GoYCIMIClll ,.,_.llbQlly om .. (GAO) Iha!! bn• ........ 111d lhc riaht ID wmine oil TCOO<do CIACNdma. bUtaot Um11'dui, boob, pope,s. 111d d......-) mime! ID lhioR.ocovo:yAd1wri n.orooi,1onubo a;, ... lhalOOhodlheOAO .,. 111thori,,,l ID lntamw any om...-or omplO)'OC or lhe rcdplcru ~"" _,., rt!lltd to lhio 1uco..,,. AtJ owwnl. (E) Re;mrti:;11: PamoU ol EttPd WWP: and Ahu,c; nod SlmflAI Mi$9PDdWX The rci:lplcot ,gr= to prompUy rofor lD Ille Office or !he ln,pClllOr Goni:nil (OICl) ony orcdlblc .-,ldc111:< lhcl a prfocipol, crnpk>y«, ,gen, oontrootor. sub-grantee, subconlmior, or olhor pen;on ha, submlUcd I false ololm undor !he Pol oo Cl,lms Ad or h,1 committed L criminal or civll vlo1athn of l1ws pelUl ln lng; to fnud, conflict of lntcrest, brtbary1 8f11!ult)\ or 1lml!ar mlaconducl Involving Rcoovcry Act l\inds. TI,c 010 may bo conltelod " OTQ bptljnc@uejo! ARY ww~. usdoJ.govlolg/l'OIAlhotllnc.htm, and 100.869.4499. (F) Pm1t.clicc Stm tnd keeol Grve:nmtftl Ind ('.gnn:,ctpr Whirtlebl<!Wffl Tho r=,plcru ,a,,:cs 1h11 ch< -..,,. Ad pmldo:, ocn>m Jll'O"'-"tioo; opiut rq,cilals lo: ca,p loyoc, or noo.fcdml ctnj)loycr, (llltt ,nd lo:sl ......,.,,__ or print, CC11112.."torll who d-illfommio,, to fcdc:wf o!!lclal: """nably l,d,eYcd ID b: aid:ooa: o( po,s tn111,r-mco:. P= war.:, Nbsbnlial aod ipcdllc <!&nee, to public l=lth er Ai:ly, -of ai!harlly, or •-of law rda1'd to cocnre.:u c.-gmm astn'; R~ Aa funds {O} S;;mm; IAPtmr l1Jd Bmmwr rfRer,s, Ag fyncb ,ml Outt:otts Tho rc::,picll! -ao l'Dllllllln aocounlu!J l)'S!:nu Md ruords !hat l".equatcly uw:t, -,unl for, ond rcpoll oa ,H funds from tbli ltccov<.'J' Act award (includl<li otliac:t hired. 11Jor,os and tr.,;e bcnrfitJ paid, aad lho number or jobs crwod mid JOii< pr-...!) 1cpnnm:fy from all other fuod1 [tncludin; 01/lcr COPS ond fed CU: !'"'·" oword,4 for lhc Hmo or slmllor P•ll'OSU), {H) AP4ilional RepyjrgnCJ)l§ In<! 0vldooco The rcCJpicm ag"Ccs lo ogmply with any mocUfi®tlon:i or addlUoull rcquITT:mcntl lnal m&)I be Imposed by law 1md future COPS (1ncludin~ govemmcnr-wldo) 1u1ctonce and cl1rlfication1 of Recovery Act n:quireme.nts. PaccJ ofl • ( .) IIOf l'1,.,..,A--.lftr w-, .... oc M!JI MEMORANDUM U .. Department of Justice Commumf) Orion/ed Policing Sor1•1cc.s (COPS) Grants A dmbtlstrauon Division COPS Hiring Recovery Prognm To: Chief of Police Thomas Vandermce Englewood Police Department From: Andrew A. Dorr, Assistant Director for Grants Administration Re: COPS Hiring Recovery Program (CHRP) Final Funding Memorandum The COPS Office bu completed ih~ financial analysis of your agency's budgeted costs. This Filial Funding Memo=dum (FFM) reflects your agency's final approved officer salary and fringe benem categories and approved salary and benefits ammmts. Please note that the salary and b-..nefit costs rcquesttd in your original application may have been llJ)datod or corrcotod from the original version submitted to COPS based on communication with your agency. Tocrdore, you should carefully review this FFM. as your agency will only be reimbursed for the approved cost categories that DIC shown wi1hin this docume:rt. OJP Vendor#: 646000583 ORI #: 0000301 Grant#: 2009RKWX0181 DUNS#: 144258444 Full-Time Sworn Officer Information Current First Y car Entry-Level BRsc Salnry for On e Sworn Officer Position: $4 9754 .00 Jlrln gc Benefits Cost Additio nal Info r mation Socinl Security: $0.00 Exempt: I Fixed Rate: 0 Med icare: $721.0C Exempt: 0 Fixed Rate: 0 Hcnlth Inrnrnncc: $12704 .00 Life Insurance: $93.00 I ' c, VuCAtlon: lil 196.00 Number of Hours An nually: 146 S1cl. Leave: $0.00 Number of Hours Annually: 347 Retirement: $4975.00 Worker', Comp: $160S.00 Exempt: 0 Unemployment Ins: $13 .00 Exempt: 0 Other: Disability Insurance -S647 .00 Describe: Disability Insurance Other: Holiday.Pay· $1 196.00 Describe: Holiday Pay Other: -Describe: Total Current First Year Entry-Level Be.nefi!J for One Sworn Officer Position a $231S0.00 Total Y earl Salary S + Total Y w-l Be.nefiti., $72904.00 Total Year 2 entry-level salary for one sworn oflicet position: $5 915.00 Total Year 1 entry-love! benefits for one sworn· officer position: S: 'J706.00 Total Year 3 entry-level salary for one sworn officer position: $5~, 19.00 Total Year 3 entry-level benefits for one sworn officer position: $24638 .00 • Memorandum l'. S. Dcpartmcn1 of Justice Communll)• Orknrfd l'o/1cui1 Savw G r ants Administra tion Division COPS Hirin2 Rccover:v Pro~rom To: Chiefofl'olia: Themas E. Vandennee Englewood Police Oqmtmcnl From: Andrew A. Dorr, A.Plltlllt Director far Gronu Adminmtiuo Re: COPS Rlrin& Rtco""')' Prog,u Filwlclal a ....... Momc OJP Vendor f: 84 6000513 ORI #: C00030J DONS#: 1 ◄◄258«◄ Grtol #: UI09RKWXD1Sl Total Number of Full Tune Oflian Funded NewHbes: 3 • llebb-e>-Pre-Applicalioo Llyof&: 0 ~ Jl.ahire>-Post-ApplJcall011 Layoff<: 0 Budrol C1IOROl'J' Proposed Budget Full Time Officer Salley S214,462.00 Full Time Officer Frmga $412,66<1.00 Benefits Officer-Salary ml Fnnio Bcnetill for Thr0< Yeart $697,1 46.00 Total CHRP Jluoding ror 3 omwi Sli97,146.00 ToW CHR:P .Fun ding for 3 Officen ~ 0.flr!II Commeob: 6/l9fl009 Casts Per Officer: S:232,382.00 Total Cost $697,146.00 Approved Budget Adjurtmeau Dinllowod/Adjuswl. Rusoos/Contmenll S2l4,4!2.00 $0,00 $4£2,66-4.00 SO.DO $697,146 .00 $0.00 $697,146.00 SO.OD Federal Share: $697,146.00 A fuulncial analy,is of budgeted com bas '-1 complded, and dill rmancial Cleamoe Memomidlm reOc:cu tho IIIIOWll of COPS }f,rln& RDcovery Program funds ownrded to your agonoy for offi cer ulorios and approved benefit!. Pleo,e noLe that die sol•ry !Ind bet>cllt COSls requcE<I ID your ori&lnal application may have bmi updllod or OOlTO<ltd from the ori&iMJ v11r1ion submitted a, COPS. You should careJ\llly review your Fillll Funding Memo (PFM), which luncla,od 1G your award pa<bge. Tho FFM ca,taios dJo fioll officor salary and friog, btnefil Clllogorlcs aod amount, for which your egenoy was llpprovod. You wlU note that aomc 0001' may have be= adjusted..-""""ved. Yoo, 1gon:y may only be reimbunod for lhe 1pprovod oost catogorios ~ are documented within the Fl'M, ·•~ to tho •~•unll specilied in thl1 rinlmeiol Cl..,,,nee Memorondum. • • ' COUNCIL CO MMUNICATION Dal e: Agend a llem: S:ubject: September 8, 2009 11 alll An Ordinance accepling Neighb orhood S,tab ilizatio n Program Grant Funding Initiated By: Staff Source: Community Development Department Janet Grimmet~ Housing Finance Specialist Harold ). Stitt, Senior Planner COUNCIL GOAL AN D PREVIOUS COUNCIL ACTION City Council approved Resolution 34, Series of 2009 on March 23, 2009 authorizing the Community Development Department to file an application fo r Federal funding through the Neighborhood Slabilization Program (NSPl ), RECOMMENDED ACTION Staff recommends that Council approve a bill for an ordinance auth orizing the execution of a con tract for Neighborhood Stabilization Program grant funding, in the amount of S 1,253,379 with the State of Colorado Department of local Affairs. BACKGROUND, ANALYSIS, AN D ALTER NATIVES IDENTIAED In 2008, the Federa.1 government passed the Housing and Economic Recovery Act (HERA), lhe firsl new legislation in a generation for housing and economic development. HERA appropriated S3 .92 billion for the Nei ghborhood Stabilization Program (NSPI) to support the acquisition, rehablllla tion, or demoli tion of foreclosed and abandoned properties. The State of Colorado received a total $53 million in NSP l funds of which $37.9 million is direc~y admin istered by the State. On March 30, 2009, the Community Development Department submitted an application to the Colorado Department of Local Affairs, Division or Housing for NSPl funding for Project Rebuild. Project Rebuild will purchase and rehabililate abandoned or foreclosed single-family properties in the City's ten eligible census tracts. The State Housing Board approved the Project Rebuild NSPl application on July 14, 2009. The Board awarded the City $1 ,253,379. Key NSP requirements include: • NSP funds must be expended within 18 months of the date the State received funding (Marc h 2009), • Amulti-yearreinvestment period with a term end ing March 10, 2013 , • Households purch~ Ing properties must undergo a minimum of 8 hours of HUI). approved homeownership counseling. • 1()0% of all funds 1hJII be used 10 se rve fam ,hes who,e income does nol e,t l'!'d 12m. • of Area Median Income (AMI). • 25% of dli funds sh,,11 be us~d 10 serve fam,ht>S whose Income does no1 exceed 50% of AMI. • Rel1.1bilrtatlon Standards must be established (minimum of Housing Quality Standards and local codes, wllh green building and energy and waler efficiency encouraged). • Sale prices of abandoned or foreclosed homes purchased or redeveloped and sold 10 Individuals as a primary residence shall be equal to or less 1han th e cost to acqu,re and redevelop the home. • Purchase prices of homes can include closing costs. • Appraisals are required on all acquisitions using NSP I funds. • Foreclosed homes shall be purchased at a discount of at least 1 % from the curren l market•appraised value. • Administrative fees up to 2% for non-Direct and reasonable developer fees to operate the NSPt program are allowed. Project Rebuild will ini tially acquire six (6) single-family vacant foreclosed properties located in the eligible census trac15 throughout the City of Englewood. The project will use the expertise of a local real tor, If needed, lo acquire each property at a minimum 1 % discount of the cmrenl appraised value. Each property will be rehabbed to the extent necessary 10 achieve compliance with local laws and codes Including energy efficiency work items The properties will then be sold as owner/occupied uni15 to families tha1 are at or below 120% of the AMI with priority given 10 famil ies at or below 50% AMI who are participating in local fam ily self-sufficiency programs. Three • homes will be sold to families In this Income range to assist with meeting the 2S% ~~~Pl requirement. Partnerships wllh local banks will be used to leverage 1he acquisition costs of the properties. This leveraging will recycle the funds faster in order maximize the overall impact of the project on the community. These leveraged loons will be finan ced through the Housing Rehabilitation Fund, Fund 46, and will be repaid to the banks di the lime of sale to the qualified buyers. The overal l goal of the project to acquire, rehab, and sell a minimum ol 10 properties over a three and one half year period. FINANCIAL IMPACT Existing Community Development staff has the required expenise to acq uir e fo,edosed properties, provide rehabilitation, and sell th e properties to eligible buyers. The Housing Rehabilitation Fund, Fund 46, will be used to finan ce the project. Estimated rehab costs may be approximately S30,000 per house. Rehab funding is available through the existing City of Englewood Housing Rehabilitation Fund line of credit with U.S. Bank. All oth er expenses will be covered by the NSPI grant or leveraged funds. All proceeds from the sale of propenies will be reimbursed to Fund 46 unlil the program expires March 10, 2013. In addition, approximately $30,000 will be reimbursed to the General Fund for administrative nnd general project costs. UST Of ATTACHMENTS BIii for an O rdinance ' • • • ORDINANCF NO S"RIES OF 2009 BY AUTIIOR ITY COUNCIL Bllt NO 40 INTRODUCED BY COUNCCL MEMBER ____ _ ABU.LfOR AN ORDINANCE AUTHORIZING A "STATE OF COLORADO DEPARTMENT OF LOCAL AFFAIRS COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) NEIGHBORHOOD STABILIZATION PROGRAM (NSP)GRANT AGREEMENT. WHEREAS. the Housing and &onorruc Reco"cry Act (HERA) appropriated $3.92 billion for the Neighborhood Stabilization Program {NSPI) to suppon the acqutsllion. rehabilitation, or demolition of foreclosed and abandoned propenics; nnd WHEREAS, the City Council of lhe City of Englewood, Colorado authorized the City's application for Federal funding through the Neighborhood Stabilization Program (NSP I) by the passage of Resolution 34, Series of2009; and WHEREAS, the Colorado State Housing Board approved the Project Rebuild NSPI application on July 14, 2009 and awarded the City of Englewood SI ,253,379 ; and WHEREAS. Project Rebuild will purchase and rehabilitate abandoned or foreclosed single• family propcn ies in Englewood's ten eligible census tracts: and WHEREAS. the key NSP requirements include: • NSP Funds must be expended wuhin 18 months of the dote the State received funding (March 2009). • A multi-year rcmvestmeot period with a term ending Mlll'Cb 10. 2013 . • Households purchasing propenics must undergo a minimum of 8 hours of HUD-approved homeownership counseling. • I 00% of all funds shall be used to serve families whose income does DOI exceed 120% of Arca Mcdinn Income (AMI). • 2S'• of all funds shall be used to serve fnm,lic.s whose income does not exceed 500/4 of AMI. • Rclmbihtation Standards must be established (minimum of Housing Quality Standards and local codes, with l,'TCCII building ond energy and water efficiency encouraged). • Sale prices of abandoned or foreclosed homes purchased or redeveloped and sold to individuals, as a primary residence. shall be equal to or less thnn the cost to ncquirt and redevelop the home. • Purchase pnces of homes can mcluJc c Josin~ costs • Appraisals arc required on nll 11cqutsi11ons using NSP! funds. • Foreclosed homes shnll be purchased rtl a d1scoun1 <'fat least io,. from the current marl.et-appraised l'alue • Admimstmtl\ c fees up to J% for non-Direct and rcaS<>nablc developer fees to operate the NSl'I program arc a.ll011·ed. NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD. COLORADO. AS FOLLOWS : ~ The Mayor is authorized to exceute the lntergovcmrnc:ntal Gmnt Agreement attached as "AUachment 1 •· for and on behalf of the City of Englewood, Colorado. ~ Pursuant to Miele V, Section 40. of the Englewood Home Rule Char1cr, the City Council has determined that Attachment I, anoched to this Ordinance. shall not be published because of its size. A copy is available in the Office of the Englewood City Clerk. Introduced, read in full, and passed on first reading on the 8th day of September, 2009. Published as a Bill for an Ordinance in the City's official newspaper on the 11• day of September, 2009. • Pub lished as a Bill for an Ordinance on the City's official website beginning on the 9th day of • September. 2009 for lhirty (30) days . .\lTEST· James K. Woodward. Mayor Loucnsh1a A. Ellis. City Clcnt I. Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado. hereby ccr1ify that the abo,e and foregoing is a 1n1e copy of a Bill for an Ordmancc. introduced, rC3d in full. and passed on first reading on 1he 8th day of Scp1embcr. 2009 . Loucrisltia A. llllis • C'utalog of l'cdornl Pomesli< As.<i'10 nct (Ci1DA) # 14 l2fi Co ntracl Routing I_ KAA __ Encumbranct fl HONSP09308 Account Code(1): ___________ _ STATE OF C OLORADO OE PART ME TOFLOCAL AFFAIRS COMMUNITY DEVELOPMENT BLOCK GRANT (CDB G) NEJGHBORBO OD STABILIZATI ON PRO GRAM (NS P) GRANT AGREEMENT with City of Englewood TABLE OF Cf)NTENTS I. PARTIES ................................................ ____ ....................................................................................................... 2 2. El'F1!CllVE DATE AND NOTICE OF NON'.lABILllY ----- 3. Rl!OTALS-------------------·-------~ •· D!:F!NmONS ....................... -............ ------.................................... ·-··--------'- l . TERM AND EARLY 1r:RMINA TION .............................................................................................................................. .3 6. STATEMENT OF PROJECT .................................................................................................................................................... .3 7. MATCHING FUNDS .............................................................................................................. ·-······· .......................................... 3 i GRANTEE FINANCIAL MANAGEMEN'J' ____ ........................... _ .............................................. -................. 4 9 PAYMENTS TOGRANTI:£ ... _ .. _ ...... __________________ 4 10 REPORTING AND NOTIFICATION _....... ________ ......... -............ ____ __, 11 GR.ANTEE RECORDS ........................... _____ ............................................................................................ 5 12.CONF!DEN!lA.L INFORMATION•STATF RECORDS ..................................................................................................... 6 13. CONFLICT OF INTEREST ................................................................................................................................................ 7 14 REPRESENTATIONS AND WARRAJ\'TIES ..... -..................................................... _ ................................................. 7 ll.lNSUllANCE------------.......... -................ ·-·---·-............. 8 I~ DEFAULT·BREAOl .......... _____________________ ......,, 17. P.FMl:OIES ..................... ____________ -----.. ·---.... 10 IS Nv11l 1'.S and REPRESENTATIVES ....... _____ ................................................................................... 11 I~. ,l11VERNMENTAL IMM1JNITY ......................................................................................................................................... 12 'C. ti:GAL RES!DENT ....................................... _____ ......................................................................................... 12 21 SOLE SOURCE GOVERNMENT C'ONTRACTS, AS DEFINED IN COLORA l)Q CONSTilVllON ARTICLE xxvm.·---···-····· .. ·-·--------------·-------12 22.STATEWIDECONTRACT MANAGEMFNTSYSTEM ........ ____ ----···-·-·-13 23 GENERAL PROVISJONS .................... ---.. ----·· ........................................................................... 13 24 COLORADO SPECIAL PROVISIONS .............................................................................................................................. 16 25. SIGNATIIRE l'AGE ............................................................................................................................................................... 1 S EXHIBrr A -APPLICABLE LA ws ________ .............................. _ ................................................ I EXHIBO"'l-STATEMENTOFPROJECT(SOP) _________________ J EXHIBI, .; .. INCOME & REJ<ITUMIT------------·-----..... -... 1 FORM 1-AFFIDA VIT OF LEGAL RES!DENCY __ ............. -................ _____ ---....... -1 l'llge l of IS f.,nn Rcvi,ed 0512009 E II i l I. ('ARTIES THIS GP.ANT AGREEMENT (''vranl'') as :111cred mto by and between City of En&lcwond ("Grantee"). and the STATE 01' COLORADO (the· "State") acting hy and through the Colorad~ Deparunent of Local Affa"' (rhe "Department") for the benefit of the Dn-i,ion of Hou.,ing f'CDOH"/ 2. EFFECTIVE llATE AND NOTICE OF NONLIAillLITY This Granl &hall nol be effective or enforceable until approved and s,gned by the Colonido State ConUt>flcror authonzed delegate ("Effective Date"). but sha ll be cffc;etivc and enforceable thcrcafler in accordance wilh its provisions The Dep111ment shall nol be oblign1cd 10 pay or reimburse Grantee for ,ny performance hereunder, including, hut no, limited to costs or expenses incurred. or be bound by any provision of thu Grant prior to(••• clroc!cd op1ions ~ow) A. Qpllon U The Effect,ve Date. B. Qpllon ~ The la1er to occur of the Effective Date or the dale of a separate letter issued by the Department ("Releue of Fund, Letter") notifyinJ Grantee of the completiv~ of a satisfactory environmen1nl review and authorizing Oranlee 10 obligate or= Grant Funds. C.Qptlon ~ Maroh I 0, 2009 for authorized prc-contncl costs, as defined in §4(F) below and §2.8 of Exhibit B. Such com may be submiHed for n:imbutscmenl as if incun-cd afltt the Effective Date. 3. RECITALS A. Authority, Appropriation, And Approval Aulhoriiy for this Gran, wcs &om CRS §24-31-70S. Authority exists in the law and funds have been budgeted, appropriated and othcrwu• made available and I suflicienl unencumbered balance thereof remains available for payment and the required approval, clearance and coordination have been accomplished from and with appropriate aacncies. B. Granlee Grnn1ee is an eligible recipient ofGranl Flrnds made avallable by the Procram, as defined below, and awarded by this Granl Granlc< is aware of. willing and abl e 10 comply with 111 provisions specific to the Program, as set forth in Exhibil A and 10 complete the Project dcscnocd in Exhibit B. C. Purpost a.nd Departmenl's Role The Deportment administers funds made available to the Department for the purpose of improving the Coreclosun: crisis in Colorado and make available affordable h011$ing opportunities for low and moderate- income families .. ◄. DEFINITIONS The iollowing terms as used herein shall be construed ar,d interpreted as follow.: A. Eff<cUvr Dalo Bffcctive Oate means the date this Gran! is effective and enforceable in accordance with §2 above. B. Exhibit, and Other Attachm<nll Exhibit means the following arc altached hereto and in corporated by reference herein: Exhib11 A (Applicable Law), Exhibit B (Statemenl of Project), Exhibit C (Income & Rcnl Limll), and Fonn I (Affidavil of Legal Residency) C. Good, Goods m,ans any Fl,ysiul item produced or manufactured and acquin:d by Grantee clbcr sep111atcly or in conjuoc1ion with the Services rendered hereunder that are required by the provisions hcrco( D, GrRnl Funds Grant Funds means the funds available for disuibutiou by the Department to Grantee for use in eonnccuon with lhe Projccl, as sci forth in lhe Rceilah and S1atemcnl of Project secttons hereo( E. Party or Par tie, Part )• 01 Parties means one or both of lhe Department and Grantee, Page 2 o(l 8 F. Prt•conlriCI costs Pre-contncl cos!S arc lhc costs in.urred on or aftc, lhc date IS spc:c1ficd ID §l(C) above and the Etrecuvc Onie oflh" Grant. Such com ,hall have been dc1nllcd ,n Gran1cc's NSP gran1 apphco1ion and as specifically aulhorizcd hy lbc S1n1e and incorporated bcrein10 Ex hl bll B G. Pro~r•m Program m,.n, the rederal Community Dcvclopmcn1 Block Grant, Nc,ghbothood S1abiliution Program, which prov,dcl funding for this GranL H . Projccl Project means the Pr0JCCt desc ri bed in the Recital, nod Exhibit B. I. Project Budec1 Project Budge! means 1hc Projccl Budget described in Exh ibit B. J . Services Services meanJ services performed or tangible m11crial produced or dchvcrcd in completing the Projcel and in performance of Grantee', olher obligations hereunder. K. T ermloatfon Date Tetminalion Date means lhe da1e this Grant tcrminaleS as c!w:ribcd in §S(A) below. L . Work P roduct Work Product means soflwarc, research. reports, "udles. d111, photographs, ncgativca or other finished or unfinished documcnll, drawings, models, surveys, maps, materials, or wort: product of Ill)' type, including drafts , prepared by Granlee in completing lbe Projeel and in performance of Grantee's olber obligations hereunder. 5. TERM AND EAR.LY TERMINATION A . InJHal Term -Work Comm enccmenl The lcsm ofdlis Cinntlhall commcn::e on the Effcctiv, Date and terminate oo Man;h 10 2013. unless terminated earlier as provided below. GJ'lllltee's obligations under this Grant shall be undertaken and performed in the sequence and maru,cr sci fo rth in Erlublt n. Performance of this Gram shall commence IS soon as pn,:ticablc •~ (su checked option bt:low) · i. D the Effective Date; or ii. [81 the later u, O".cur of lhe Effective Date and the date set forth in a llclease of Funds Letter. B. Depa rtment's O ption IO E1 1e nd The Departm ent, in Ill sole discrotion and upon wrilten notice 10 Grantee, may uniletcrally extend the lcrm of this Grant for I period of up 10 throe months under the same provisions u lbe original Grant if lhe Parties aro negotiating I repla:crncnt contract (and not =ly scckinJ a term extension) at or ncu the end of any initial term or an extensio n thcrcot This extension shall terminate al the earlier of ei ther the end of the tbr= monlb period or wh en a replacement Grant is signed by the Parties and approved by lhe S1a1c Controller or aulborizcd dcsigncc. Any othc, ertcnsio,i of lhc term of this Gr, nl requires an amendmen1 made in accordance wilh lhe Modificat ion subsection of lhe General Provisions bel ow. C. Early Termination This Grant is subject lo early termination in accordance with the general remedies provisions of §17 below and IS specifically otherwise provide,l for herc:in. 6. ST A TEMENT OF PROJ ECT Grantee shall complcle lhc' :ojccl and pcrfonn ill other obligations as described herein and in Exhibit 8. Granite shall prosecute ilS obligations hereunder and in Er hlblt B wilb due diligence lo completion. The Departmcnl, io ill aole dlsc1cbon. but Ill accordance with llmitatiori imp01cd by the Office of lbc Stale Conlroller, may change budgetnry lines in lhe Projoc1 Budget section of Exh ibit 8, The Department shall send notice of such changca within 60 days in accordance wilh §18 below. 7. MATCHING FUND S Thia section O shall, or shall nol 181 ap1 to this GranL tr applicable: Page) ofU A, Amount Grantee shall provide ma1ehmg fund£ as pnw1ded m Exhlbll II Grantee shall r:uso the full am nt 01 m1tcl11ni; funds during the term of th11 Grant ond shall report 10 the Dcpnrtmcnt regard,ng th< ,. · .1 Jf , .. sh funds as required in Exhibit B. B. b1Clt~ Gr1ntee'• failure to raise ma'ching fund,, to keep records, oncVor to rcpo" may affect 111 continued pa"icipation m the Program under which this Goot opc:rates In addition, the Depll1ment may tcrm11U1tc 1h11 Granl under the Termination for Cause sub1cction of §17 below if the Depanment ha, rcosonable evidence that Granice will be unoble to ra11e ruoh m•tchms funds dunng the term hereof 8. GRANTEE FI NANCIAL MANAGEMENf A, Accounts Grantee shall maintain properly &egrcglled accounts of Grant funds, matching fund$, and other funds associated with the Project and rnu:e those r=Ofds available lo the Department on request. AU receipts and c.ipcnditurcs associated with the Project shall be documented in n dclllilcd and specific manner, in accordance wltb the Project Budget sci forth in Exhibit B. B. Project Budiet Line Item Adjustments Regarding budget lines within the Project Budge~ Grantee may, I. C!!) not adjust individ1141 budget hne amounts without IJ>Proval of the OepartmCDt. Such approval shall be in the form of 1) 1 notice issued by the Department in accordance w,lh §18 below; or b) an ameodment in accordane<: with lhc Modifiwion subsection of the GODeral Provisioos below. IL O adjust individual budget line amounts without the Department's approval iJ: 1) lberc a,e no tnDsfm to or between 1droin4tration budp lines; and b) the cumulative budgetary line item changes do not exceed the lesser of fillwu,eroent of the total budgeted amount or llQ.gQj!. 9. PAYMENTS TO GRANTEE Gootee sh.all he paid in the following omounb and 11U1nncra, subject to return of any unc<pended Gr1Dt Funds : A, Mulmum Amo un t The maximum amount payable under this Grmt 10 G11nlcc by the Department shall be Sl.213 379.00, os detcnnincd by the Department from available funds. The Department shall rcimbun1e Gr1Dtcc for COSLI approved in the Grant budget, set fo"h in E1blbh B. Satisfactory pcrf'ormane<: under the l<:rnlS of this Grant shall be I condition precedent to the Department's obligation to reimburse 01'111ltce. The maximum Bl!IOunt of Grant Funds payable os reimbursement under this Grant, and any extension hereof, shall include all Gr1Dtee', fees, coats and OJtpenses. B. Pl)'lll<DI AU paymcnll are subject lo the §17 below. I. Method ftnd Time Gr1Dtce periodically shall submit invoices to the Department in the form and monner ,ct fo"h in Exhibit n. ond attach limesheell, receipts ond other requested documentation in the fonn and moru,er approved by the DepartmcnL Grantee shall submit request for rcimbw~emcnls/invoices within 30 days after the end of the period for whicll payment is requested, and final billings under this Grant shall be received by the Department within ◄5 days aOc: termination hcrco( Untimely rcqucsll for payment may be accepted al the sole ditcn:tion of the Dcp1nmcnL ii. Electronic Funds Transfer Payments shall be made by one of the following methods: a) by mutually agreeable method includina in-person pickup, b) electronic funds transfer (EFT) if Grantee pn,vidca wrillcn BFT instructions to the Departmeol on • form acceptable to the Departmcn~ or c) via the U.S. Postal Service or other delivery 1crvice addressed as specified by Granto< in the remittance address section of Exhibit B Pag, 4 ofl ! Hi, Erroncoui Payments, l nexpended and Exces1 Funds Oran1ee shall refund paymcnlS made by !he S101c in errur ror any reason. includmt, bu! nol hm11cd to overpayments or improper payments, within 15 days of d1scovc.nng or receiving noucc of such error. Any funds paid 10 Grant~ hereunder not expended m connecllOO with thlS Grant b) the lcrrninntion date shall be refunded by Grantee w1lhin IS days of such da1e Any funds nQI required 10 complete Grantc:e's obligations hereunder shall be de-obligated by lhc Slate. If Granlcc receives funds hereunder dunng any fiscal yell' in excess of 11s spending limit for such fiscal year, Grant~ shall rcrund all excess funds lo lhc Slate within IS days of the later of of discovering or receiving nouee of such aecss. Erronco11&, IIICXJ)Clldcd, and exceu funds r=ivcd by Gnantee under this Grant shall not be refunded or paid IO any party olhor than the SIOte. iv. A••ailable Funds-Contlneency• Ttrminatlon The Department JS prohibited by law from making fiscal commumcnl1 beyond the 1enn or the State's current fiscal year. Therefore, Grantee's compen.,ution is eontingenl upon the continuing a\'allability of Slate appropriations IS provided in §2 of the Colorado Special Provuions, ict fonh below. [f federal funds Are used with this Grant in whole or in part, the Departmenl's performance hereunder is con!iogenl upon the continuing availability of such funds. Payments pursuont to this Grant shall be made only from available funds encumbered for this Gnnt and !he Department's liability for such payments shall be limited to the amount remalnina of such encumbered funds. C. Additional Fun ds Grantee shall provide any additional or matching funds necessary to perform its obliptions in aceordance with the budget in Exhibit B. D. Remedies If state or federal funds are not appropriated, or otherwise become unavailable to fund thu Gran~ !he State may immediately terminate the Grant in whole or in part without further liability In accordance with §17(B) below. If additional funds under §9(C) an: wuvailable in wbole or part. !he State may, in iis sole discretion, reduce its Iota! funding commitment hereunder in proponion to the reduction in additional funds U Grantee fails to refund paymcull IS set fonb in §9(B)(lil) above, the Stale may oluel the amount not returned against any other unpaid funds the State owes Grantee under any other gran~ agreement, or obligation between the Partica. JO. REPORTING AND NOTrFICATION R.epons and analyses required under this sectton shall be made in accordance with procedures nnd in such form uprescnbcdbytheDcpartmcnL A. Pcrformonce, P ro~ress, Peunnnel, and Fun ds Grantee shall comply with all reporting requirements set forth in Exhlblt B. B. Llligatioo Within IO days after being served with ony pleading r elated to this Grant or lhe Project , In a legnl action filed with a court or administntive agency, Grantee shall notify tho Department o f such action and deliver copies of such pleadings lo the Department's principnl representative in accordance with §18 below. If a Department principal representative iJ not then serving, such notice and copies shall be delivered to the Executive Director or the Ocpanmcnl C. Noncompliance Grantee's failure to provide reports and notify the Department in ■ timely manner in accordance with this 1cclioo may result in the delay or payment of funds ond/or termination und,r §17 below. I l. GRANTEE RECORDS Grantee sbnll make, keep, maintain and allow inspection and monitoring of the following reco1ds: A. Main tena nce Grantee shall maintain a complete file of all recorda, do<:umc.nts, communications, notes and other wriltco materials, elcN:tl'On ic media file1, and communications, pertaining in any llUlll!tor to the Project or the dclivrry of Services (including. but not limited 10 the operation of programs) or Goods hereunder Grantee shall rnainl1in auch rccon!s (lht Record Retention Period) until the last to occur or the following- !. ■ period of fut years nficr the dote this Grant is completed or terminated , or il. final payment Is made hereunder, whichever 1s later, or Page Soft 8 iii. for such further penod as may be necessary to n:solvc ••> pc:xhn~ mauers, or iv , ifan audit is occurrrng, or Grantee has received notice 1h11 an nudu tR pc:nd1ng. then untif !.Uc;h audll has been completed and luo lind1ni;s have betn resolved 8. I nspeclion Grantee sh,IJ permit die State, lhe federol 11:wemmcnt or any other duly authorized agent of a govemmcntal agenc:y to audit, inspect, eumme, excc,pt, copy and/or transcribe Grantee record,. related to thos Grant during the Records Retention Period to a,:surc eomphanee with the tenns hereof or IO evaluntc Grantee's performance. The Department reserves the ril!ht to in3pcct the Project at all reasonable hmes aod plBCCS during the tctm of this Grant, including any cxtemion The provisions §l ◄(E), §16, and/or f17 below shall apply if project pcrformanco does not conform to Gn,nt requirements. C. Monltorlnc Grantee also shill perm ii tht State, the fedcnl govemmenl or my olha duly authot.T.Cd agent of• governmental agency, in the sole discretion of such governmental agency, IO monitor all aclivitica conducted by Grantee punuanl IO this Grant, u.sing any rusonablc pmecdure, al the discretion of 1utb governmental agency, including, but not limited to: internal cvaluauon procedures, cxaminauon of program data, special analyses, on-site checking, and formol audit examinations. All such monitoring shall be pcrfom,ed in a manner which will no! unduly interfere with Grnll:t '• penormance hereundct. D. Final Au dit Report If an audit is pcrfonned oa Grantee's records for any fiscal year covering a portion of the temt of this Gran~ Grantee ,ball submit one copy of the !itul audit repor1 to the Dq,arunmt'a principal representative at the address specified in §18 below. 12. CONFIDENTIALINFORMATION-srATE RECORDS Gnnlec acknowledges that ii may become privy to confidential information in conrn:ction with i11 performance bereundu, including hut not limited to State records, ptnoll!lcl records, and information concerning individuals ("Confidential lnfonnalionj. The following applies if Grantee rcccivea confidential information: A, Confldtntiallly Gnntee ,hall keep all Confidential Information confidential at all times and comply with all laws and regulation, concerning confidentiality of inform•tion lo the same extent applicable to the DepartmcnL Any request or demand for information in the possession of Grantee made by a th inl party shall be forwarded immediately to lhe Department's pnncipal reprcaentauve for rcaohltion 8. NotlJicstlon Grantee shall notify estb of its ascots, employees, sul>,gn,nt<CS, wbcontractors and assigns (each a "Related Party') who may come into conlBct wtth Confidential lnfonnotion that ••,oh party tS subJtcl lo the confidentiality rcqum:ments set forth herein, and st.all provide each Reloted Party with a written explanation of such requirements be fort permitting such party to access any iufonna.tion of the Depurtmcnl C. Ust, Security, and Rrtcatioa Confidential Informat ion of any kind shall not be distributed or sold to any third party or u.,ed by Gnrntcc or a Related Pany in any way, except as authorized by this Gnrnl and as approved by the OcpartmenL Grantee &hall provide and maintain a aceure environment that ensun:s confidcntialily of all State records and other Confidential Information wherever loc aled. Confidential lnformaoou sholl nol be retained m any files or otherwise by Grantee or a Related P4!1y, except as .et forth in thu Grant and opproved by the Deporunent 0. Olsclonre-LlabllJty Disclosure of State rctords or oilier Confidential lnformahoa by Orani,., or I Re.lated Party for any reasoo may be cause for lei;al action ot•tnst Grantee or auch Related Party by the State or third partie, and defense of any such actioa shall be Grantee's aole responsibility, E. Reallh lnsur1nct Port•bllity & Accountability Ad of 1996 ("llll'AA") This section O shall, or ,hall not 181 apply lo lhls Grant Federal law und rcgulotioas goveniing the privacy of certain health information requires a "Business Associate Contract• between the Department ond Grantee. 4S C.F.R. Section I 64.504(e) Attached and incorporated herein by reference ond agreed t~ hy the hrtica is a HIPAA Business Associate Addendum for Hll'AA cont plianc c Terms of the P1ge 6 o fl 8 • Addendum shall be considered b,nd,ng upon c,ccuuon of lhts Grant tnd shall 11:ma,r. 1n effect dur•nG ti1t 1crm of this Grant, including any CJ: tc.ns1nn 13. CONFL ICT or TNTER£ST A. DeOnltlon and Appearance Grantee shall not engage in any buiincss or pcnona1 actJvitiC:5 or practices or mainLa1n any rcla11onships which conflict ,n any way w,th the full porfonnancc of Gn>ntec's obligations hereunder Grantee 1c1<.nowledgcs lhat wilh respect to lhi, Grant, even the appcamnee of a conn,et of 1n1cnost ia harmful to the Depnrlmenl 's interests. Absent the Department's pnor wnttcn approval, Gnnre, shall refrain from nny prac tices, activities or relationships which reuon&bly appear to be in conflict with the full pctfonnancc of Grantee·, obligations to the Department hereunder. Grantee shall co mply with the provisions ofCRS §18-8-308 and §24-18-101·109. B. Specific Prohibitions Granite's and sub-trantcc's respccti,.,e officers, employees, or agents shall neither solicit nor occcpt ~itics, favors, or anything of moncu,ry value from Grantee·• potential subgranlCCS, or parties to sub- contracts. Grantee's employees, offiun, 1gen1S or any pcrmil!ed sub-granted shall ool participate in lhe selection. •WIid. or adminisL ... tion of this Grant or any sub•Jll'&nt or sub-conuact, if nn actual or apparent coaOlct of intcrcst would occur. Such a conflict would arise when any of lhe following bu I financial or other inter<:st in lhc finn selected for award: L an employee, officer, agent or boon! member; ii. any member of lhe employee', immediate family; iii. an employee's partner; or Iv. on orglllization. which employs, or is about to employ. any of the aforementioned. C. Determloatloa by Department • Dtlault lfGrur,o is uncertain as to lhe e>tistcncc of a conflict of interest, Grantee sh.all submil to the Dcpartmcnr 1 disclosure statement setting for1b lh• 11:levan1 dewh (or the Department's consideration. Failure to promptly submit a disclosure utcmeot or to follow the Department's direction i.n regard lo lhe apparent conllict shall be considered a m,.tcrial dcfaull of this Grant and grounds for termination under lhe Termination for Cause subsection of§I? below. O. Code of Perform once Gn>ntec, and sub-grantccs and subcontraeton, if any, shnll maintain• wrillcn code of standards goverrung lhe performance of their rcspcclivc omployccs, agcnrs, and contractors engaged in the award and administration of this Grant, or subcontraot or ltlb8J>n~ if any. Grantee shall provide a copy of such code to the Department within 10 days of the Dcpartmcnl', wriuco request lhcn:fore. 14. R.£PR.ESENTA TJONS AND WARRANTIES The Parties make lhc foUowing specific rq,rescntarions and wnnmnties to C4Cb other, upon which cscb is relying in cntcring into this Grant, A. Standard and Manner of Performane, Grantee shall perform its obligations hereunder, including in accordance with the highest professional standard of care, skill and diligence. Grantee shaU perform its obligations hereunder in the scqucn<:e and maMcr sci forth in Exhibit B. B. lnspertlon and Verification The Dcparlmcnt reserves lhe right lo inspect and monitor Grnntcc'a performance hcn:undcr 11 all reasonable times and places to verify that they conform to the requirements of Exhibit B. The provisions §l ◄(E), §16, and/or §17 below shall apply if Onmtce's performance docs oo' conform lo Grant requirements. C. L<gal Authority-Grantee and Cr■ntee, Signatory Grantee warn,nts that it posscsac., the leg•! 1ulhority to enter into Ibis Grant and has taken all actions requirtd by its procedures, by-Ia-.,,, an<Vor applicable law, to exercise tl1nt authority, and to lawfully 1ulhoriu Its undersigned signatory to execute Ibis Oranr ind to bind Grantee 10 its tcrmJ . The person signing and exccu11ng this Gnni on bcll11f of Granrcc hereby represents and warrants and guarantees lbal they h,vc full authorizahon to do so If requested by the Department, Oranroc shall provide the l'l;e 7 oflB Department th~ hasis for Gra:ntec'1 nuthon ry co enter in to lh1s Orant w1thm IS days of rcce1v1ng 1ucb ~ t request D. Licenses, Permits, E1c Gran ice rcprcscnlS and warranlS w,1 as of lhc Effective Dale h baa. and lha111 all times during the Jenn hereof It wiU have, at its sole expense, all liccnsc n, ccn1fic11tion.s, approva\ insurance, penni LS, and other aulhonzation required by law to perform iu oblig111ons hereunder Adc1Jtio1111ly, all employees of Granlec performing services under this Orant shall hold the re<juired licen.ses or certifications, 1f any, 10 perform tl1eir duties, Grantee, 1f a foreign corporation or o lhcr en1ity transacting business in lhc S1a1c oC Colorado, further certifies tha1 ii currently has obtained and shall maintain any applicable certificate of authority 10 1ransac1 businesa in the State of Colorado and has designa1ed a registered agent in Colorado to accq,1 service of proccsa. Any revocation, withdrawal or non-renewal of licenses, certifications, approvals, insurance, pcrmilS or any such similar requirements necessary for Grontec to properly perform thla Gran~ shall be deemed to be a defaull by Grantee and grounds for tcnnination uoda Grant §I 7(A) below. E. Breach 1, the Grantee breaches any of its representations or wamnties, the Department may require Grontec IO promptly pcrfonn its obligatiocs ,pin in conformity with Groot requirements, at no additional cost to lhe DcpartmenL If such breaches cannot be, or arc not cured, the Department may, in addition to any other remcdlea provided for in this Gran!, require Grantee to t&ke ncceswy action lo ensure that fulllrO performance conforms to the provllions of this Oran~ tlnd equilJlbly reduce the payment due lo Grontee to reflect the reduced value of the Project Any reduction, delay or denial of pa71%lcnl under this provision shall not constitute a breach of Grant or default by the DcpartmenL 15. INSURANCE Grantee and its sub-grantees and subcontractors sball obtain and malnl&in insurance as specified in this scetion at all times during the term of Chis Orant All polieiea evidencing the ill.lurance coverages required hereunder shall be Issued by ill.lurance companies 11tisfac1ory 10 Grantee and the State. I • A. Grantee • L Public EntJUu If Grantee is a 'public entity' within the meaning of the Colorado Gol'Cmfflcntal lmmWlity Act, CRS §24-10-101, et seq., u amended (the Govemmenlal Immunity Act"), then Grantee shall maintain 81 .U times during lhe term of this Gnint such liability insurance , by commcn:ial policy or aclf-insurancc, as is ncecssa,y IO meet its liabilities under 1ueb AeL Orantee sball show proof of such insurance satisfactory to lhe Department, if requested by the Department Grantee shall require each grant or eontnel with a 1ub-gran1ec or subconltlctor which is a public entity, providing Goods or Services ;,, connection with this Oran~ to include lhe insurnnce requiremeota necessary to meet sub -grantees liabilities under the Act ii. Non-Public EntJUes If Grantee 11 not a "public entity' within the meaning of the Governmental Immunity Act, Orontec shall obtain and maintain durmg the term of this Groot inslnnce coverage 111d policies meeting the s ,ne •--quircmenta set forth In subsection B ofthl1 section with respect to sub-grsntee1 and sub- c..Jl",C tora which are not 'public entities". B. Sub-granten and Subcoatractors Grantee shull require each contract with a sub-grantee or subcontractor, other than those that are public ,,,Vies, providi oa Ooods or Services in connection with tbiJ Granl to include insurance requirements •~bs1an1 :•Jly similar to the following: I. Worko•'s Compcn11Uon Worker's Compcnsatioa Insurance u required by Stoic stAtulc, and Employer's Liability Insurance covering all of sub-grantee or subcontractor employees acting within the course and scope of their employment. IL Gtneral Utbilll}' Commercial Gcnerol Liability lnsursncc written on ISO occum:ncc form CG 00 0 1 10/93 or eljuivalcn~ covering premises opcra tioru, fire damage, independent contractors, products and Pugc S ofl8 completed operat ions, bla nke t contractual liabihry , personal inj ury , and adverti si ng h, bihty wnh mini mum limits as follow s: u) $1 ,000 ,000 each occ urren ce; h) $1.000,000 gene ral aggregate; e) S 1,000,000 products and complet ed ope ratio ns aggregate; and d) $50,000 any one fire . If any nggregate limit is reduced below S 1,000,000 because of claims made or paid , sub-gm ntce or subcontractor shall immed iately obtain additiona l ins urance to restore the full agg regate limit and furnish lo Grantee• certifi cate or other docu ment sa tisfactory to Grantee showi ng compliance with this provi sion. iii. Automobile Liability Automobile Lia bi lity Insurance co•ering any auto (in cluding owned, hi red and non-owned autos) with a minimum limit of $1,000,000 each accident combi ned single limit iv. Additional Insured Grantee and the State shall be nam ed as additional insured on the Commercial General Lia bility and Automobile Liabili ty Insurance polic.ies (leases and constructio n contracts require additional insured coverage for completed operation s on endorsements CG 2010 I 1/85, CG 2037, or equ ivalent). v. Primacy of Coverage Coverage required of the sub-grantee or subcontractor sh all be primary over any insurance or self- insurance program carried by Grantee or the State . vi. Cancellation The above iu;urancc policies sb 2ll include provisions preventing canccUation or non-renewal without al least 45 days prior notice to the Grantee and lbe State by certified mail. vii. Subrogation Waiver All insurance policic, in any way related to the Grant and secured and maintained by Grantee's sub-gran tee, or subc ontrac tors as required herein shall include clauses stating that each carrier shall waive all rights of recovery , under subrogation or otherw ise, against Grantee or the Statc 1 its agencies, institutions , organizations, officers , agents , employees , 11nd volunteers . C. Certificates Each of Gra nte e's subc ontractors and subgrantees shall provide certifica tes showing insurance co ver ag e required hereunder to Grnn tee within seven business days of the EfJective Dale, but in no event Inter th an the comme ncemen t of the Services or del ivery of the Goods und er the subcontract or subgrant. No later than 15 days pror to the expiration date of any such coverage, each subcontrac tor or subgrantec shall deli ver lo Graotee certificates of insu:ance evidencing renewal s thereof upon request by the Department or at any other time during the term of a subcontract or subgrantee , Grantee may reque st in writing, and the subcontractor or sub grantee shall thereupon within IO days supp ly to Grantee, evidence sati sfac tory to Grantee and the Department of compliance with the provisions of this section 16. DEFAULT-BREACH A. Deflned In addition to any breaches or defaults specified in other sec tions of this Grant, including, but not limited to U,e Colorado Special Provisions below, the failure of either Party to perfonn any of its moterial obligations hereunder in whole or in pan or in a timely or sa tisfactory manner, constitutes a default or breach. Tho instih1tion of proceedings under any bankruptcy, insolvcncy 1 reorganization or similar legis lation, by or ago inst Oran lee, or the appointment or a receiver or sim il ar o flicer for Grant ee or any of its property, which is not vacated or fully stayed within 20 days after the institution or occunrence thereof; s hall also constitute a defaulL B. Notice and Cure Perio d In the ev ent of a default or breach, notice of such shall be gi•ea in writing by the aggrieved Party to the other Party in the mannec provided in §18 below. If such default or breach is not cured within 30 days of recei pt of written notice or, if a cure cannot be completed with in 30 days, cure of the default o r breach ha s not begun within said period and pursued with due diligence, the aggri eved Party may tetminate thi s Grant by providing written notice thereof, as provided fo r in §18 below , specifying the effective da te of Page 9 of! S the temun,11011-No<w1tl1:aand1ni ar.y!lung to the contrary hereon, the l'lt:partment. on ,i. .olc do<creuon, need not provide ndvancc noucc or a cure period and mo y 1mmed1atcl~ tcnmnate: this Gr;mt m whole or m par1 ,r rusonabl) n=:y 10 pn:$er,,,, publ,c safety or to prevent 1mmcd11tc pubhc crisi• 17. REMEDIES If Grnn1ee ,s ,n default or breach under any provos,on of this Gran~ the Department shall have all of the remedies listed in U1is section in addition to all 01hcr remod1cs sci forih in other section, of t11is Gran!. The Department may exercise 1ny or al! of the remedies availlhlc lo it, m ,ts sole discretion, concurrcndy or consecutively. A, Termination for Cause and/or Default If Grantee fails to perform any of itJ obligations hereunder with such diligence as " required to ensure ots completion m acconlan~ with the provisions of this Grant and in a timely manner, the Department may notify Grnntcc of such non-performance in accordance with the §16 above and §18 below, If Grantee therullcr f1ils to promptly cure such noo-per{ormanct within the cure period, the Dcpar1men, at Its option, may terminate this entire Grnnt or such pan of th,s Grant u to which there has been delay or a Cai lure to properly perform. Exercise by the Ocparunent of thil right shall not be deemed a breach of ill obligations hereunder. Grantee ,hall continue performance of this Grnnt to the extent not tcnninllcd, if any i. Obll:Mtions and Righ ts To the extent specified in the tt:nnination ooticc, Grantee shall not incur furthcr obligation£ or render further pe1formance hereunder past the cfl'cctivc date of such notice, and shall 11.!o tcrmin.tte outstanding orders and aubcontracts with third parties. However, Granlec shill complctc and deliver to the Dcpnrtment all Services and Goods not cancelled by the termination notice and may incur obligation> 11 are oeccs$11}' to do sc within the Grant terms . 1n the sole discretion of the Depanmen~ Grantee shall assign to the Department all of Grantee's riat,t, tide, and in1cr<11 under ,ucb lcmlinated orders or subconlntll, Upoo termination, Grantee slall takc timely, reasonable and necessary action to protect and preserve property in the possession of Grantee in which the Dcpar1mcnt has an intettSL All maicrials owned by the Dcpanment in the posscasion of Grontcc shall be immediately rerumcd 10 the Depanmcnt All Work Product, at the option of the Dcpar1men~ shall be delivered by Grantee to the Department and shall become the Department's property. il. Paymenu Th, Dcpamncnt shall pay Grantee only for aCccpled performance r=ivcd up to the date of termination If, after termination by tho Department, ii is dctcrmincd that Gn,ntcc was not ,n defitult or that Grantee's action or iJllcbon wu excusable, such tennination shill be treated IIS a termination In !be public interest and the right, and obligations of the Partic, shall be the same as if this Grant had been terminated m the public interest, as described in §J7(B) below. iii. Damogos an d Wl thboldlt1g Notwithstanding any other remedial IClton by the Department, Oranlcc ulso shall remain liable to the Department for any damngcs sustained by the Dcpanment by vinue of any default under this scction by Grantee and the Department tniY withhold any payment to Grantee for the purpt)Jc of mitigating die Department's damages, until such time as the cxnct amount of damages due to the Depar1men1 from Grantee is dctcnnined. Fwtber, the Ocpar1mcnt may withhold amounts due lo Grantee ns the Dcpllf!mcnt deems ncceuary to prolccl the Department agairutl '°" because of OUISllnding liens or claims of fotmcr lico holders and to reimburse the Depltrlmenl for the excess costs incurred in procuring similar goods or services. Grantee shall be liable for excess cost, mcum:d by the Dcpanmcnt in procuring from thlnl parties replacement Scrvicca or subs titute Good, as cover. 8. Early TennlnaUon for the Public lnlerul The Department is entering into this Oranl for the purpose of carrying out the public policy oflhc State of Colorado, 1.1 determined by its Go,·cmor, General Assembly, and Courts. If this Grant ceases to further the public po bey of the State, the Department, in ill tole discretion, may terminate Iha Grant in whole or in pan Exercise hy the Dcpar1ment of this right shall nol be deemed a breach of the Dcpnrtment'a !'age 10 of l8 t • obhgat.ions hereunder This subs,c::uor, shall not app!~ I<' a le:mmatmr. of th,, Grant h)· tht' l),q,artrncnt for cause or def4u ll by Grantee, which sh>II be gnvc:-ncd by § I 7(A) •hove I. Method nntl Co nt eJII The Ocportmcnl sh>II noufy Grantee nflhe lcrminotion in occordancew1th §H, uhn"r ond §18 below spc:cofy,ng lhc effccuve date of lhc termonabon ond whelhc, 11 affects oll 011 pol'\oon of 1h11 Grant ii. ObUgaUons and Richis Upon receipt ofa tcrmonatoon notice, Grantee shall be subject 10 and comply w11h §17(A)(I) above iii. P•ymcnls [[ this Grant " tcnmnated by lhc Oeprutmenl in furtherance of tho publi c intCl'CSt of lhc Stale of Colorado, Grantee shall be paid for satisfactory pcrfonnancc up lo lhc date of tcnnonation less payments JJfeviously made. C. Remedies Not Involving Termlnotlon The Depart.men~. ilS sole discretion , mny exercise one or more of the following remedies in addition to ot~er remedies available lo lhe Oep1r1mcnt: I. S uspend Performance Suspend Gran~c•s perfOfflllDCC with respect to all or any portion of this Grant pcnd,ni necessary corrective actioa as specified by the Oepa:1ment without entitling Grutee to an ad)"-'" "'11 in pricc/oost or performance schedule. Grantee shall promptly cease performance and ,nrntring costs in accordance with the Department's directive and the Department shall nol be liable f,,r cost., incurred by Gra ntee afte, the suspension of performance under this provisior il. Withhold Payment Withhold payment to GnnJcc until corrections io aervices m: utuf.actorily ~·,, ~• ·u:d and /or acceplllole goods arc provided. iii. Deny Payment Deny payment for those Services not ~normed and/or Good! not provided and which due to cirrumsiances caused by lhc Grantee cannot be perfonned or provided or, if performed or provided, would be of no value to the Oopartmen~ provided, that any denial of paymrnt must be reasonably related to the val11e of work, performance or Goods lost IO the DepartmenL iv. Removal Demand removal of any of Grantee's employees, agents, or subcontractors whom the Ocparttnenl deems incompelen~ careless, Insubo rdinate , unsultoblc, or otherwise unacccptnble, or whose continued relation to this Grant is deemed to be contrary to the pubhc interest or not in the Department's best interest Replacement of any key pcnoonel hereunder shall be done in aa:ordancc with the relevant provisiODJ of Exhibit B. 18. NOTICES and REPRESENTATIVES Each individual identified below is lhe principal representat ives of lhe designoting Party. All notices required to be given hereunder shall be hond delivered with receipt required or sent by certified or registered mail lo such Party's principal repreaentativt at the addrcu act forth below. In addition lo, but not in lieu ot hard-copy notice, notice also may be sent by e-mail to the e-mail addresses, if any, act forth below. Either Pany may from time to time dc,ignote by written notice substitute addresses or pcl'l<lns to whom such noticu shall be sent. Unless otherwise provided herein, al' notices shall be effective upon receipt. A. Depnrtmc,t: D. Grantee: Pal Coyle, Director ColOlldo Department of Local Affairs Ill] SbcrmanStroet, Room518 o.o ... ,c:o 80203 Email: PaLCoyle@stnle.co,us James K. Woodward, Mayor City o(En,lcwood IOOOEncJcwoodPor•~•Y Englrwood, CO 80110 Page II orl8 19. GOVERN~'fENTAL IMMUNIT\' Notwillutandmr any other provtSton lo the contrary, 11olh1n!f herein shnll constitute n w;uvcr. express or 1mphrJ. of uny of the 1mmun1t1es, r1gh1~. benefits, pr01ecunn. or other pro,·tsmm of the Color:ad<' Oo vcmmcntal hnmun,ry A:1, §CRS 24-10-101 , el seq., as amcndod Liability fo, clu ms for mjuries to persons or property o.nsing from the: negligence of U1c State or Colorado, 1ts departments, 1nst1tut1ons, c&cnc1es, boards, officials, und employoes " cnntrollcd aod hmtted by the provisions of the Go vernmental Immuni ty Act and the n•k management ,,,uutcs, CRS §24-30-150 I, cl •cq., a, amended 20. LEGAL RESIDENT This section (ZI shall, or ,hall not D apply 10 thtS Grant Grantee must confirm that any andiv1d111l natural person eighteen yean of age or older is lawfully pl'C$Clll in the Uni1"4 Si.tes pursuant to CRS §24-76 .5-101 ct seq when such individual applies for public benefits provided under lhts Grant by n,quiring the following: A. ldentlficat!on: The applicant shall produce one of the following per,on.al idcntificatio,u: L A valid Colorodo driver's license or a Colorado identification card, iss~ed pur.;uant to article 2 of title 42, C.R.S.; or li. A Uoi ted State, military card or a military dependent's identification card; or iii. A United Stat,s Coast 0Uln1 Mcicbant Mariner card; or iv. A Native American tribal document B. Affidavit The applicant shall execute an affidavit herein auacbcd .. Form I, Affidavit orLc&a] Rcsi. ,,ting: L That th•y art Un ited States citizen or legal permanent n,sident, or ii. That th ey art otherwise lawfully present in the Unilell States put1uant to rcden. c,w. 21. SOLE SOU'RCE GOVERNMENT CONTRII.CTS, AS DEFINED IN COU.,RA.DO CONS-;T[JTIO,I ARTICLE xxvm. This section O shall, or shall not ® apply to this Grtnl This prov ision applies only to sole source government contracts and doc. not apply 10 contracl between governmental entities or any contract which med a public and competitive bidding process in which the State agency or i.utitution of higher education solicited nt least thn,c bids prior to 3warding the contract. Conll'bctor certifies, warrants, and agrees that ll has complied and w,11 c:omply with Cobrado Constitution Article XXVtn, mcludmg but not necessarily lilcite<I to the following prohibitions and oblisations: A. If dUMg the term of the contract, contractor holds sole sourte govcrnmen! contracts wtth the State of Colorado and any of its political subdivision, cumulatively totaling more than SI 00,000 in I caleodar year, tl1cn for the dun, ,n of this contnlcl and for two yean after, contractor will not make, cause to be made, or induce by 111, means a contribution, directly or iodire<Uy, on behalf or contractor or contractor's immediate family mcmbcr(s) for the benefit or any politico! party or for the benefit of any candidate any elected office of the Stoic or any of its political subdivisions; and B. Contractor ~=ts lrull conlnctor b.u not previously made or caused to be mude, and will not in the future make or cause to be m•de, any contnl>ution intended to promote or influence the rault of I ballot issue elccuon related to the subjc.:1 matter of this eonlnlct, aod C. Contractor will satisfy contractor', obligations to rromptly n,port to the Colorado Department nf l'cr.;onncl & Administration information included ,n the Gomnmcnt Contract Summary and tl • Contract llolder Information, regardmg this conlrtct aod any other sole souru government contracts lo which corunctor is • party; and O. Cootractor understands that any brcnch or 1h11 section or of Cot,tnu:tor's responsibilities under Colorado Con.iitution Article XXVID may result in either contractual or eonsu,utionally manJated penallie1 and remedies; and E. A Contrac1or 1h01 intentionally violotcs Colorado Constituuoo Anicle )0. 'Ill, Section 15 or 17(2), shall be mcligiblc to hold any sole sowce government eontrac~ or public cmplc 1menl wilb the state or any of its political subdivisions for three years: e.nd F. By execution of this contract, Contractor hereby confirms ti ,. nualifiod and e,. iblc under such pnwisio.u to enter anlo th,s contract Page. 12 of 18 For purpose! ofth1s ·ausc, the term· conuactor'" shaJi include persons thal cont.ml ten percent or more shara or , tcrcst in contractor, as well as contractor's officers, dtrec,ors, and trustees. The lent\ "1mmed1atc famny member" shall ,ncludc • spouse, child, spouse's cluld, son-in-1,w, d1ugbter-1n-law, parent, sibltng, grandparent, •,ndchild, "epbrolher, stepsister, stepparent, parent-,n-law, brother-Ul•l■w, 11ster•n•law, aunt, niece, ncphc,r,, -dian, or domestic partner. 22. ~, ATEWIDE CONTRACT MANAGEMENT SYSTEM {Th,s :tctlon shall apply when the EjJecti•c Date is on Jr after July I, 2009 and 1h1 maximum amount payable 10 Granttt her,wider IS S/00,000 or h1gllvj By entering into lhis Grnnt, lhe Grantee agrees lo be governed, and tn abide, by lhc provisions ofCRS §24-102- 205, §24-102-206, §24-103-601, §24-103 .5-1 0 I ■nd §24-105-102 concerning the monitoring of vendor perfonnancc on 111te contracts and inclusion of contrac: performance infonnation in a statewide contract management system. Tbe Grantee's pc:fonnancc shall be evaluated in ICCOl'<W1CC with the terms and co1ldition.1 of this Grant, State l&w, including CRS §24-103 .S-101, &nd Slate Fiscal Rulea, Policies nd Guidance. Evaluation of lhe Grantee's pcrfonnancc shall be part of the nonn&I contract administration process and the Grantee's perfonn&nce will be ,ystcinatically ,ecord,d in the slatewidc Coatracl Managemcnl Sys\cm. Arca$ of rev fow shall include, but shall not be limhed to quality, cost and timeliness. Collection of infonnation rclev1n1 to the performance or Grantee's obbgations under this Grmt shall be detcnnincd by the specific requirements of such obligations and shall include factors tailored to match the rcquin:mcnls or the Siatemcnl of Project of this Granl Such pc:fofllllllCC infonnation ,haU be entered into the slatewide Contract Managemenl System at intervals eslablished in the S1a1ctncn1of Project md a final review and ra!ing shall be rendered within 30 days of lhe end of lhe Grant lonn. The Grantee shall be notified following each performance and sb&ll address or comet any identified problem in a timely ID&llDC< and mainlain work progreu. Should the 6011 performance evaluation dctcnnine that the Grantee demonstrated a aross failwc ID meet the pcrfonnanco measures estoblished under the Smlcmcnt or Project, the Executive Director of the Colorado Dcpanmeru of Pcnonnel and Administration (&ecutive Dircclor), upon request by the DOLA, and ,howlna of good cause, may debar the Grantee and prohibit lhe Grantee from bidding on fu~ contracta. Tbc Grantee m,y contest the fin&I ev&luation and result by: (i) filing rebuttal slatcmenlS, which may result in either removal or corm:tion of lhc evaluation (CRS §24-105-102(6)), or (ii) under CRS §24-l OS-I 02(6), cxereicing the debannent protest and appeal rights provided ,n CRS §§24-109-106, 107,201 or 202, which may result in the rovcrsal of the c!=,armcnl and reinstalemenl or the Grantee, bv lhe Executive Dircc1or, upon showing or go<><' cause. 23. GENERAL PROVISIONS A. Anlgnment Elccpt u olhcrw,sc 1pcci6cally provided in Eihibil B, Grantee's rights and obligations hereunder arc panonal and may no, be trnnoferrcd, assigned or subcontrac ted, without the prior, written co11.1en1 of the Stale. Any 1t1empt at assignment, trarurcr, subeonlracting without such consent shall be ·1oill. All assisnmcnlS, subcontrncts/aubconllaclon approved by Gr&nlec or the State shall be aubj ,ct lo the provisions hereof. Onmtec shall be solely responsible for oil nspeclS or subcontrnclins u,.-::.,~cments and pcrf0<111.1nce. 0. Binding Effect Unless olherwisc provided hcn:m, all provisions herein contained, including the benefits &nd burdens, shall cxtc11d lo and be binding upon the Putica' rcspcctive hein, legal rcpn:scntativca, ■ucccasors, and ,ssll!JlS. C. CaptionJ The caption, nod heRdings in this Agreement ore for convenience of roforcncc only, and shall not be used 10 lnterpreL define, or limit Ila provbions. D. Counlcrpartt This Agreement may be ••ccuted in multiple. lentical original cou nlerparts, all of which shnll constilllle one agrcm,CIIL E. En!lrc Und erstanding Tois Agreement represents the complete integration of all undcrs11ndings between the Parties and all prior rcprcscnuuons and undcrstandingJ, oral or wnncn, 11< meri;cd hereon Prior or contemporaneous Page ll oflS addilion, deletion, or other amcndmcnl hereto shall not have. any force or affect what.soever, unless embodied herelll-F. lndemnificntlon I. lntergovernm ento l Gr•nl5 If this 1s an 1ntcrgovernmental Grant, the pro••m ,ems hereof shall nol be con.suucd o, onl"'J'reled as a waiver, express or implied, of any nf the immunities, nghts, benefits, protection, or other provis1om, or the Colorado Governmental Immunity Act, CRS §24-1 0-101 cl seq., or the Federal Tort Claims Ac~ 28 U.S.C. 2671 et seq., as npphcable, as now or hcrcafler amended_ ii. Non-lnler:overnmeatal Grants Grantee sh.all indemni fy, save, and hold hannlcu the Slllte, us cmploya,s and agcnu, against Rn)' and all claims, damages, liability and court awnrds including costs, e,pensca, and attorney fees and related cost<, incurred as• raub of any acl or omission by Grantee, or ill employees, agenU, subcontract .rs, or assignees punuanl lo the lonns of this GranL G. Jurisdiction and Venue All suits, actions, or procccdinp rcl1lcd lo thiJ Agreement shall be held 1n lhe Slllte of Colorado and the Parties herby aarce that venue shall be proper in the City and County or Den•er. H. List of &lotted Applicable Laws Grantee at all times during the perform, uce of this Gront shall comply with an applicable Federal and Slllle lawa and their implcmcnting reg,:Jatiom, currcnUy in existence and as bc:eaftcr amended, including without llmil4tion those set forth on Exhibit A, Applicable Laws , anached hereto, which laws and regulations art incorporated bcrein and made part hereof. Grantee al$o shall require complian,,e with such laws and regulations by sub-coclrac\On under sub-contracts permitted by Iha GranL L Modification L By the Parties Except lS spcc ifieilly provided in this Agreement, modifications of this Agreement ab.all not be cfl'ectivc unlest agreed u, in wnUng by both panics in an amcndmcnl to thls Agrecmcn~ properly executed and approved in accordance with Colorado State la" and Slllt, Fiscal Rulct. ii. By Operation of Law This Agreement is subjed U> such modifications as may be roqwed by changes in Fedcnl or Colorado State law , or their implementing regulntions. Any such requi1td modification automatically shall bc u1corpo,ated into and be part or this Agr,,,:mcnl on the cfl'cctivc dale or such change , oa if fully sci fonh her<in .I. Order of Precedence The provisions of this Agreement shall govern the relationship or the State and Grantee. In the event of oon!licts or inconsistencies bclwccn thi, Agreement and its exhibits nnd attachments, such conflicts or inconsistencies ab all be nesolved by ieferencc 10 11:e documents in the following order of priority: i. §24, Colorado Special Pro•ision.1 ii. §§1-23 of Ibis Grant Agreement Iii. Exhibit A, Appli cable Lows iv. Exhibit B, S1atcrncn1 of Pro.JCCI I{, Severobility Pro•ided this Agreement con be executed and pcrfonnnncc or the obhgalions or the PartieJ< occomplished within ill intent, the pro, 1sion.1 hcrcof arc severable and any provision that is declared invalid or becnmes inopcnible for nny n:aaon shall not affect the validity of any other provision hereof, L. Su rvival or Certain Agreement 1cMs Notwithstanding anything herein to th• contrary, provisions of this Agreement requiring continued pcrfonnance, compliance, or effect ahcr termination hereof. shall survive 111ch tennination and shall be enforceable by the S tate i!Granlce fa111 lo pcrfonn or comply as required. M. Third Party Btncliclaries Enforcement of this Agreement and all ngb!J and obhgationa hereunder at• reserved solely to the Parties, and no1 lo any third party Any service, or benefits which third parties receive as a result or this Agreement arc inc1dcn11I to the Agreement, and do not create any nghts for uch third p.,rues. Pngc l 4 ot 18 N. Waiver Waive, or an) brueh of• term, provwoo, or reqwremcnt of llu, Aareement or any nght or remedy hereunder, whether oxphc1dy or by lack or o:nforceroen~ shall nol be comtrucd or deaned u a waiver of any subs«iuenl bruch of such lerm, provision or requircmenl, or of ony olher term, provision, or rcquircmcnL THE RP.ST OF THIS PA GE IS INTENTIONALLY LEFT BLANK r11c 15 of18 2◄. COLORADO Sl'ECIAL l'RO\IISIONS These Special Provi sions apply to nil Stare cor1tru.;ts c::\cept where n,ltcd 1n ual,cs. A. 1. COl'iTR O L L ER'S A P PROVAL. CRS §24-30.:ul (I). ThlS Gr.mt shall not t-c deemed valid until 11 hu been approved by the Colorado Stnte Controller or dcs,gnce. 8. ?. FUND AVAILABCLITY. CRS §24-30-20!(5.S). Finaocial obligations of the S11te payable 4fier the curmtt fiscal year arc contingent upon funds !or thot purpose being appropriated, budgeted, and otherwise m.,dc avoiloblc. C. 3. GOVERNMENTAL IMMUNITY. No tetm or condition of this Grant s:,all be construed or interpreted as • waiver, express or ,mphcd, of any of the immun lies , rights, bencfiis, protcctoons, or Olh:r provi.,ions. of the Colorado Governmental Immunity Ac~ CRS §24-10-1 OJ ctscq., or the FcdcniJ Ton Claims Ac~ 28 U .s .C . §§ I 346(b) and 2671 ct seq. u applicable now or hereafter amended. D. 4. I •·u EPENDENT CONTRACTOR. G..,,icc,hlll pc:rform its dutics bcrcundct as an independent contractor and not as an employee. Neither Grantee nor any agent or employee of Grantee shall be ar slull be deemed to be an agent or employee of the stale. G'"'11CC shall pay when due all n:quircd employment laxes and income laxcs and local head rues on any monies paid by the state punuant lo tlut GmnL Grantee acknowledges that Grantu and ii. employees an: nut entitled to unemployment inJ11t>11C<: bene6i. unless Grantee or a tblrd pany provides such oovcrage and that the 11atc docs not pay for or otherwise provide such coverage. Grantee shall hive no authorization, express or implied, to bond the state to ony agreement, liability or undcrttandin&, c. as express!) act forth herein. Grantee lhall provi de 111d keep in force ·,,•orke11 ' compensation (and pro :, proof of such insurance when requested by the state) and unemployment compensation insinncc in Iii. amounts required by law and shall be solely rnponsiblc for ii. acu and those of ii. employee& and 11gcnl5. & 5. COMPL IANCE WITH LAW. Grantee aball strictly comply with all apphcablc !edcral and S1atc laws, rules, and rcgulations 10 cl!'cct or hereafter established, including, without Iuni11uon, Jaws applicable to discrimination and unfair employment practices . F. 6. CH OI CE OF LAW. Colorado law, and rules and regulations iuued pllMWll lbcrcto, shall be applied in the in1crprcta1lon, c.<ccutinn, and enforcem ent of this Granl A11y provision included or incorporated herein by rcfcrcncc which conflicts with so1d lows , rules, and regulauons shall be nu ll and void. Any provision incorporated herein by rcfcrenec which purports to ncpte this or any other Sp:cial Provision in whole or in part shall not be vali d or cnforceub lc or available in any action at law , whether by way of eomplamt, de!cme,.., otherwise. Any provision rendered null and void by the operation of this provision shall nol invalidate the rcmaindef of this Grant, to the extent capable of cx ccuti on. G. 7. BINDlNG AIU3ITRATION P RflnllllTEO. The Stale of Colorado docs not agree I~ hinw..1g arbitration by o.ny c"!n-juclic 1al body or pcn,on. Any pro vision to the contrary in this Grant or 111corporalcd herein by reference shall be null and void. ll. 8. SOFTWARE PlRAC Y PROHlBITI\lN. Gove rnor's Executive Ord.er O 002 00. Slllte or other public funds payable under tl,11 Grant aball not be used for th.c ncquiaition, operation, or maintcnlllC<' of computer softworc in violation of fcdcml eopyrisht Iowa or applicnble hccnsing restrictions. Gra ntee hr·,by certifies and warrants that, during the tcnn oflhis Grant and any c.<ltnsions, Oraottt bas and shall • 1inlain ln plocc appropriote 1ys1em1 and controls to prevent such impropct use of public funds. If the Stutc dc1cnnincs tlrnl Grantee is in v10Jatioo of this provision, the Slllle m•y exercise any remedy available al law or in equity er under this Grant, includlng, without limitation, lmmcdia lc 1crmioation of this Grant and any remedy eonsislcnt wilh !edcrnl copyriQh l laws or applicable licensing rcstrh~tions. l'lgc 16 o!IS I. 9. EMl'LOYEE l'J'IANCIAL INTEREST/CON FLIC',· OF INTER.EST. CRS §§24-18,20 1 •nd 24-50-507. The si1,nutories aver tha1 to their knowledge. no employee or the State: has any pcnonal or beneficial intcrc<t whal!!Oever 1n the service or property described on this Grant Grantee has no mterw and <hall not acquire an~· interest. direct or indirccl, thnl would conflict in any manner or degree w11h chc performan« or Grantee'• ,c:rv,ccs and Gnnlct •hiill not employ &ny pc:oon lioving such known interests J. 10. VENDOR OVFS£T. CRS §§24-J0 .. 202 (I) nnd 24-30-202.4. /Not Applicobi< tn intcrgovcrnmcntol agreements/ · Subject lo CRS §24-30-202.4 (3.S), the State Controllcr may withhold payment under the State's vendor offset ,nlcrccpl system for debts owed to State agencies for: (a) unpa.ld child suppon dcbu or child support arrcara~es; (b) unp11d balances or Ill, accrued intcrcs~ or other charscs specified in CRS §39-21- 101, cl seq .. (c) unpaid loans due lo the Shldenl Loan Division of lhe Department of Higher EduC4tion; (cl) amounts required to be p11d to lhe Unemployment Compensation Fund; and (e) other unpaid debts owing to the SIAte a.s a result of fin&! agency dotcffllination or judicial action. K. 11. PUBLIC CONTRACTS FOR SERVICES. CRS §8-J 7.5-101. {NorApplicabl~ to agrum..is rda/1.ng to the offer, issuance, or so/a o/.-recuritic.t, invtstment adviso,., ser'llccs or fund nianagcm,mr strvicu, sponsored prajttJS, imerfOIIUllltflntal agr~emtnts, or lnforma&,n kchnoloD s.crvi.ca or products and scn,,iccs/ Granl<e certifies, warrants, and agrees that it docs not knowingly employ or contract with an il!eg&! alien wbo wilt pcrfomi work under this Gran! and will confum the employment clicibility or all emplo)'ff" who arc newly hired for employmeul in lhe United Slates to perfonn work under thjs OranL through participation in the E-Vcrify Program or thc Department program cstabtish-..d pursuant to CRS §8-t 7 .> 102(SXc), Grantee shall not knowingly employ or coottoct with an illegal alieo lo~ work under Jhiulilnl or enter into a contnct with a 111bconlrlctor that faiJJ to ccnify to Grantee lMl the subcontractor aha!! not knowingly employ or contract with an i!leg&! a.lien to perform work under thjf ~ Gran~ (a) abaJJ nol uac E-Verify Program or Dcparttnc:nt program procedures to uodcrtakc pre• employment aerccning of job applica"ts white tbJS Grant is being performed, (b) shalt notify lhc subcontnctor and the cootracting State agency wilhin three days ir Grantee hu actual knowledge that , subcontractor iJ employing or contracting w1lh an illegal alien for work under this Grant, (c) shall tcm,inate !he subcontract ;r a subcontractor docs not slop employing or contncting wilh lhe illcgol alien within th= days of receiving the nouce, and (cl) shall comply wilh reasonable n:que.sts made in the cow,c of an investigation, underlAken purnuanl to CRS §8-17 .S-107~5), by the Colorado Depanmcnt of Labor and Employmcnl. Ir Grant= panicipatcs iD lhc Dcpailmcnt prognm, Grantee ahall deliver to the contracting State agency, inSIIIUUon ofhighcr education or political subdivLSion a written, notarized a.flinnation, allinning that Grantee has examined the legal work status of such employee, and comply with nil or the other requirements or the Department progmn. Jr Grantee fails to comply with any requirement or lhiB provision or CRS §8-17.5-101 cl seq,. the contracting S1110 agency, institution or higher education or political 1ubdiv1S1on may terminate Ibis Grant for breach and, if'° terminated, Grantee shall be liable for damages. L 12. PUBLIC CONTRACTS WITH NA11JRAL l'ERSONS. CRS §1◄-76.>10I. Grant ee, if a natural person eighteen (18) years or age or older, hereby awean and affifflls under penalty or pcl)ury that be or she (a) is a c,tizcn or otherwise lawfully pROCD! in the United States pursuant to rederal law , (b) shall comply with the provision, orCRS §24-76.S-!Oi cl seq., and (c) has produced one form of idcntilication required by CRS §24-76.5-103 prior to the effective dale of lhiJ Grant Revised 1/1/09 Tl:IE REST OFTIUS PAGE IS INTEN'l'IONALLY LEFT BLANK Pag, 17 of18 25. S I GNATURE !'AGE THE rARTfES HERETO HAV E EXECUTED THIS GRANT t Persons signing for Grantee hereby swear and affirm that they arc aut.horized to acf on Grantct\i bchnlf end acknowlcd e tlrnt the Slate is rel In on their re resent•Uons to that eflecL GRANTEE STATE OP COLORADO City ofEn~lcwood Bill Rltter,Jr., GOVERNOR DEP ARTMENT OF LOCAL AFFAIRS By: Jam es K . Wood ward Nome of Authorized Individual By: Susan E. Kirkpatrick, Exccu t.:,: o;,eotor TiOe : Mayor Offi cial Ti tle of Aulhorizcd Individual Date : •Signature PRE-APPROVED FORM CONTRACT REVIEWER Date: By: Autumn Gold, Housing Prol!J8lDli Manager Date : ALL GRANTS REQUIRE APPROVAL hy the STATE CONTROLLER CRS §24-30-202 requires the State Controller to approve all State Grants. This Grant is not valid until signed and dated below by the State Controller or delegate . Grantee Is not authorized to begin performance until such time. lf Grantee begins performing prior thereto, the State of Colorado Is not obligated to ;:,ay Grantee for such performance or for any goods and/or services provided hereunder. STATE CONTROLLER David l . McDetnmtt, CPA By: _____________ _ Rose Marie Au ten, Co nt ro ller Delegate Date :. _______ _ Page 18 of 18 NSP C ity of Englrwood I HO! ,SP09J08 / Homeownerah1p EXlllBIT A -APl'l,ICAOLE LAWS Laws , rcgulnuons, and au1h0Mtat1vc guidance incorpor1ted 1.nto thu (11 .. !U mcludt. w1thou1 hmn.:11 ,..,n I. 2 C.F R. 220, Cost Principles for Education lnsututmns 2, 2 C.F.R. 225, Cost Princ,plcs for State, Local and Indian Tnbol Govcmmcnt.1 3. 2 C.F R. 230, Cost Princip les for Non-Profit Organizations 4. 2 U.S.C Chapter 26, ct seq., as amended, D,sclosurc or Lobby,•~ ' uvitics s. S U.S C. 552a. as amended. Privacy Act or 1974 6. 8 U.S C. I 101, lmm1grauon and Nat,onabty Act 7. 12 U.S.C ~§1701-l70lz-15, ct seq., as amended, Nllti on•• fl uusing Act 8. 15 U.S .C. <-1t•plcr 49, ct aeq., IS amcmied, Fi~ Prevc~ti011 and C'011trol 9, lb U.S.C. Cb.lptcra 1-83, et seq., u amended, Conscrvauon JO. 2tl U.S.C. 1681-1688, TiUc IX, as amended, Education Amendment of 1972 11, 24 C.F.R. Subtitle A, P:uu 0.82, ct seq, as amended, Housing and Urban Development 11, 24 C.F.R. Subutle B, Chaple< I -XXV, cl seq, IS amended, Housing and Urban Development 13, 24 C.FJL Pllrl 58, Envirnnmcntal Review Procedures For Entities Assuming lfUO Environmental Respon1ibilities 1, 24 C.F.R. Pllrl 570, Community Devclopmcol Bloc~ Grt.nl 15, 29 U.S.C, Chopter 8, §§201 , 206, cl seq., a, amended, Labor 16, 29 U.S.C. Oi.aptcr 14, §§621-634, et 1cq., as amended, Age Discrimination In Employment 17. 29 U.S.C. Chapter 16, §§793-794, ct seq., u amended, Vocational Rchabiluation and Other Rehabilitation Services 18. 31 U.S.C. Subtitle I-VJ, el seq., u amended, Money and FDWICc 19, 40 U.S.C. Sublitle I, cl seq ., as amended, FeJcral Property and Administrative Services 10, 40 U.S.C. Subtitle n, et seq., as amended, Public Buildings and Works 21. 40 U.S.C. 2761-2761-5, Davis Bacon Act, IS amended 12. 40 C.F.R. 1500-1508, as nmended , Council on Euvironroenw Qaabty Regulations bnplcmentiog NEPA 23, 41 C.F.R. Chapter 60, u amended, Executive Order 11246 24. 41 U.S.C. 35 ct seq., Walsh-Healey Public ContnclJ Act 25. 41 U.S.C. 701, ct seq., Drug F= Worltpla•:e Act of 1988 26. 42 U.S.C. Chapter 21, ct aeq., as amended, Civil RlghlJ 27. 42 U.S.C. Chnptor 45 , e1 seq., as amended, Fair Housing 28. 42 U.S.C. Chapter SO, ct seq., as amended, National Flood Insurance 29. 42 U.S.C. Charter 55, e1 seq., as amended, National Environmental Policy 30. 42 U.S.C. Chapter 63, ct seq., as amended, Lead-Based Plllnt Poisoning Pn:vcntioo 31, 42 U.S.C. Chapter 69, Cl seq., u amended, Community Development 32. 42 U.S.C. Chapter 6A, el seq., as amended, Public Health Services 33. 42 U.S.C. Cb.lpter 76, cl seq., u amended, Age Discrimination in Federally Assisted Programs 34. 42 U.S.C. Chllptcr 89, ct neq., u omendcd, Congregate Housing Services 35. 42 U.S.C. Chapter 85, cl seq., u amended, Air Pollution Pmention IIDd Control 36, 42 U.S.C. Chap ter 126, ct scq., 111 amended, Equal Opportunity for Individuals wilb Disabilitic.s 37. 42 U.S.C. Chapter 130, cl 1Cq., u amended, National Affordable Housing 38. 42 U.S .C. 5301-5321, Housing nnd Community Development Act of 1974, as amended 39. 49 C.F.R. Part 24, u amended, Unifonn Relocation Assilt&Dce and Real Property Acquisition l'oUcics Act of1970 40. C.R.S 24-34-501 · S!0, cl seq., u amended, Colorado Housing Act of 1970, 41. C.R.S. 24-75-601 ct seq., as amended, Legal Investment or Public Funds 41. Executive Onlcr 11063, HUD Equal Opportunity In Housing. as amended by Executive Oroer 122S9, Lcadersblp and Coordination of Fair Housing in Federal l1rograms 43, Executive Order 11593, Protection and Enhancement of the Culiunl Environment 44, Executive Onler 11988, Ploodplain Monagcmcnt 45, 0MB Cm:ultr A-133, Audits of Stales, Local Govcrnmcnt.1, and Non-Profit Organizaooos 46, Public Law I 10,289. Housing and Economic Recovery Act of2008 47, Commumty Dtvclopment Block Grant (CDBG) Guidebook and Program Income Guidelines for the Neighborhood Stab,hzatioo Prngram Both documents are locoted ot DOLA wcbs,le. Poa, I or I -Exhilnt A -llppllabk Laws NSP Caty of Englewood/ H0NSP09308 / Homoowncrslup EXHllllTB -STATEMENT OF PRO,fllCT(SOPJ I. GENERAL DESCRll'TION OF TUE PROJECT(S). I.I . Projetl DeJcriptlon. The City of Englewood has been awarded an NSP grant in lhe amount of $1,253,379 to purchase, rehabilitate, ond rtSalo 10 homeoWTICrship units. These units will be sold to bowcholds wllh incomes al or below 120% of Arca Median Income (AMI). This Project will benefit the State by 1tabihzmg communlllcs through the purchase, reb.abilita~on RDd sale of abindoned or forer losed properties. The units will be located within a Division of Housing (DOH) designated census blodc group(s) serving one of the aras of greatest oeed within the State. 30"/4 of lhcsc funds will servo howeholds wilh incomes at or bolow S0'/4 of AMI. The properties will be pun:hased for an average discount of at least 1% from lhe apprai,ed value. Homes will be rchabililall:d to meet current local code and will use Energy Star appliances and upgrades and will be sold for no t110re thsn the cost of the purdiase and rehabilitation. A minimum of eight (8) houn of home buyer counseling will be provided to lhc potential home buym through this activity. The City of Englewood may need to lave a portion of the NSP funding in the property as a 10II second for the home buyer. In inslAnoes where ~!~P funding rcmairu io the home a&r Ille IO lhe homeowner, the appropriate ofrordability period md recaptwe provisions will be included in tho loan documents. This actlviry quO:ifios under 24 CFR 570.202 and 570.201(1). J.l. Responsibilities. Grantee ahall be responsible for lhe completion of the Pn,ject and IO provide required docmncntation to COOH u specified bcrcio. Grantee shall manage the completed projcc, and carry out lhe proposed project •ctivities, 1.3. Recapture of F11J1ds. To maximiu the use ofNSP grant funds, the State shall evaluate Grantee's ability to expend the NSP funds in a timdy manner. CDOH rcservC> the risht to recapture NSP funds when Grantee is not expending the funds io • Htisfactorily manner. A determination of what constitute satisfactorily is at the sole discretion of the Statea. 1. DEFlNITJONS 2.1. Abandoned. A home is abandoned when mor11ai' or tu foreclosure proceedings have bccll initialed for lhat property, no mortgage or tu payments have been mode by the property owner for at least 90 clays, AND the property bu been vacant for al lcasl 90 days. 2.2. 8Ughl Area. Blighted area, per CRS §31-lS-103, means on area that, in its present condition and use and, by reason of the prcsc:occ of at lcas1 four of the foll owing factors, substantially impairs or arrests the sound growth of the municipality, n:tards the provision of housing accommodations, or consbtutes an economic or social liability, and is a menace to lhc public health, safety, morals, or welfare: (a) Slum, deteriorated, or deteriorating alructur:s; (b) PrcdominAI>ce of dcfectlve or inadequate sb'ttl layou~ (c) Faulty Joi layout m relation to size, adequacy, accessibility, or usefulness; (d) Unsanitary or unsafe co ndition,; (e) Deterioration of site or other improvements; (f) Unusual topography or inadequate public improvements or utililies; (g) Defective or unusual conditions of title ru,dcring the title nonmarltetablc; (h) The existence of conditions that endanger life or property by fire or other causes; (l) Buildings that arc 1111J1fe or unhealthy for persons to live or worlc in because of buildin& code violuions, dilapidation, deterioration, defective design, physical consb'IICtion, or faulty or inadequate facilities; 0) Environmental contaminatioc o!buildings or property; (k.S) The existence of health, sltiety, or wolfan, factors rcquiriug high leveis of munieipnl services or substantial phy1i01I underuliitution or vacancy of 1ite1, buildings, or other improvcmcull; or (I) H there is no objer:ion by the property owner or owners and the tenant or tenanta of such owner or owner1, if any, to Inc inclusion of such propcrry in an url,an renewal area, 'blighted area' a!,o moans an nrea that, in its present condition and use and, by reason of the presence of any one of the lilctora 1pe<1fied in parognphs (a) lo (k.5) of thi. subsection 2.2, substantially impslrs or 41Tests lhe sound Page I of7 -Exhibit B Stalemcnt ofProjcc1 1?rowth c,f the mumr.rp1luy, rctAr<b the prO\'IJ1on of hou.sUlg accommodaoons, m eunsti1u1c: an econom1c or social habtliry and 1s I mcnaoc-lO the public health. safe(}, morals. or welfare For purpos~ oflhl! parogrnph (,), the fact lhal on owner of an mlrn:ot m such property does 1101 obJeCI to lhe inclusion or 'tUCh propc:ty in the urban rc:ne"'·al ttrca docs nnl lllQ:n thu the owner hafi waived imy nghu nf such owner in cnn:iect10n wtth laws go"emm1 condcmnauon 2.3, lllighled Struclurc. A blighted stNclure hn, one or more of lhc follo •ving eondlltons. (•) Physieol detenorauon ofbuildinJ:J or unprovemenis, (b) Abandonment, (c) Chrome high occ,pancy 1umovc1 rates or chronic high V11Cancy ra1cs in commercial or mduslrial buildings, Id) S1gn1ficant declines 1n property values or abnnnnally low property values rclnlivc 10 olhcr area; m lhe rommun11y; or (e) Known or suspcc1ed cnvironmenW contamination; (fl The public improvtmcn11 lluoughou1 the ore, are 1n a general 11a1e of delenorat1on. The Stale also aecepU local dctem1irations . 2.4. C1urcnl Market Appnilscd Volu c The curronl m11tkel appn1i1ed value means !he value or a foreclosed upon home or rosulcntial propeny that is established duough u appnllal made m confonnlty with the appra1Sal requ1rcmcnla of lhc URA at ◄9 CFR 24.103 and c ompleted w,th,n 60 doys prior 10 an offer made for U1c property by a grantee, sub1cclpien1, developer, or individual bomebuyc:< . •. s. Disn.rter Recovery Grsnt Reporting (DRGR) System. The Dcp:utmen• ofHouting and Urban Development's (HUD) inlcrne! based oo-linc reporting system which to ensure lhal HUD gets suflicicnl 11W11gomnl information to follow up promptly if there is a lags io implementation and risb recapture oflhc funds. II will be configured to capture performance mcuurcs, anonalies, performance problems, budgets, obligations, fund draws, expenditure$, administration co,ts and overall benefit IO low modmte and middle income households. • .6. Foreclosed. A foreclosed property It one tha1 is at the pain~ as defined by sla1c or local law, where the mortgage or the tax foreclosure is complete and the title for the property his been transferred under 1 foreclosure pn,,ccding or a trtnsfcr 1n lieu of foreclosure 2.7, L and Bunk. A land bani: is I governmental or nongovemmenlll nonprofd entuy established, a1 le1S1 o part, to mcmble, tcmporuily manage and dispose of vacant land for the purpo,e of stabilizing ncighborl>oods and encouraging rc-1,1e or rcdcvelopmenl of urban property. For the purposes of NSP, 1 land bonk will opcnitc in 1 1pccifie, defined geographic area. II will pun:lase properties thal have been foreclosed upon and main11in, assemble, facili1a1e rcdevelopmcnl of, markcl, and dispose of 1he laud-banlcd propcrucs If the land bink is a govemmcnlal cnbl)', ii may also maintain forcclosed property (hal ii doc• not own, provided it charges the owner of the property the full COSI of the service or places • lien on (he lhc property for the full cosl o: the service. Properties 1h01 an; purchased cannol be held longer than l<ll ycan. 2.8. Prt-<On l rncl cosll. These cosu shall DOI be included, 2.9. Slum Arca. Slum area, per CRS §31-25-103, means ID area in which 01cro is a predominance of buildings or improvements, whcthc< residential or nonn:sidenti&I, and winch, by reason of dilapula1ion. deleriora(ion, age or obsolescence, lnadcquntc provision for ventilation, light, oir, sanitation, or open spaca, high dcnsily of population ond overcrowding or (he cxl1tencc of cond i lions which endanger life or property by fire or othct causes, or any combination of suob fecton, is conducive to ill health, lrnnsmission of disease, infanl mortality, juvenile delinquency, or crime and is delrimental 10 the public hcalO., safety, moral£, or welfare. 3. OELTVERAIILES 3.1. Outcome. The fiN I outcome of this project is 10 provide cmcrgcnc) ,,sis1Ancc for the rcdevclop1nc111 ofabandoncd or foreclosed homes and residential properties in 1c::ord1nce ,.;,h Grantee's NSP grant applicnlioo and lhe specific Stale authorized activities u dcscribed herein , 3.2. Service Arca. The pcrfonnancc ofll,e services described wilhln this Grant shall he localed In Q!.l'.Jtf ~ 3.3. National Objective, The requirements 11 42 U.S.C. 530l(c) arc 1upcracded and 24 CFR 570.208(1) and 570.483 arc waived to lhe cxtenl necessary to allow the following nllcmative rcquiremcnls: For purposes cf the Nc1ghborhood Siabilization Progra,u (NSP) only, the 1enn •1ow• and modera1c-inco1nc per.ion• shall be defined as "low• moderate-and middle-income household (LMM l)." LMMI shall be dcftDcd Al household, having an income equal lo or less limn 120 prrcenl of tho 11rcn medion income , Pai;c 2 o(7 -Exlu'b11 B -S1a1emen1 of ProJcct defined as household, having an mcomc equal to or less than 120 rcrccn! ci,f tl1c are. median 1ncnme '" detenn1ncd by the State, Gr.ante< shall present docun cnu t1on to demonstrute compliance with lhc Na11onal ObJ«t1vc 1dcnuficd below dunng the 1cnn ofL'uJ C..rant 3.3.1. 0 Arca Bcntnt AcUv!Ucs The proj ect will bencfil all lhc rcsidcnls of a primarily rcs,dcnt1al ,ra in which at leas t 5 1', of the ~dcntS hue mcomcs 11 or belo w 120% of area median income . 3.3.2. 181 llousiag AcUvitl,s Th,s proJ, ,i is being dcv:lopcd for the puzp<, ofprovidmg or improving pcnnanent abandoned Jr foreclosed and resident ... properties 1h01 w,11 be occupied l!.r: bousobolds whose mcome is al or bclo~• 120' • of the area mcd11t1 income 3.3.3. U Llmilcd Clle111ele. The pro;ccl will benefit limited chcntcle aobvitics in which Bl least 51% of those served are LMMJ household! Limited Clicnlele 'pcrsumcd bcne61 ' arc ,bused children, haltered spouses, elderly persons, severely disabled adults, bomolcsa po710ns, illitmte adults, per.on with AIDS and mipnt farm workers Emergency shelters and group homes 1lso fall within this definition. 3.4. frojcct Pcrfonllloct P lan (PPP), The Parties sh>ll comply with the milestones, perfonnance goals and timolines outlined in the PPP, wbicl, b issued scp1rately by COOH lOd is• part of the Stato's ongoina monitoring of this ProjteL 4. PERSONNEL ◄. I. Rt,ponJlble Administrator. Grantee's pcrfonntnO< hereunder shall be under the direct supervision of JlOet Grimmett, ao employee or agent of Grantee, who is hereby designated as the rc,ponsible adminiJtntor of this projccL 4.2. Other Key l'ersonoel. NONE. 4.3. ReplKemen L Gnniee shall immediately notify CDOH if aoy key pcrsOllllCI cease to serve. Provided there is , good-faith reason for the change, if Grantee wishes to replace its k.ey pcnonnel, it &hall ootify CDOR lOd seek b approval, which shall be at CDOH'1 sole discretion, u CDOH is,ucd this Grant in ptl!1 reliaocc on Grantee's representations regarding ilS key persoMel. Such notice shaU specify wby the cbatlge is ncceswy, who the proposed replacement is, whal their qualification are, nnd when the change will take effect. Anytime key personnel case I ""vt, CDOR, in us sole discn:tion, may direct Gnntot to suspend work on the Project until such tir:,e •· tnelr replacements are npprovcd All notices sent under :his subs,ctioo shall be 1001 ,n accordance wt!l. §18 of the Grant 5. PAYMENT Poyments shall be made m accordnnce w,th Uie provisions set forth in §9 of the GranL S.1. Payment Schedule. Grantee shall disbwse Grant Funds received from the State within ftllecn days of rcccipL Execs, funds shall be rerumcd to the DepanmenL Pavmcru ·--,_ -~.-! .. "Amount ... :.: '."i J, ~~f-:'f '"~:.-."~"=".'"':C-:..a. · .. w interim Payment(1) Sl,252,379.00 Paid upon n:coipt of notual expense documentation and wrincn ~ucslli from the Grsnlcc for rcimburaemenl of eligible approved program lCIJv,ties. Finn i Paym ent $1,000.00 Paid upon subsllllltial comp letion of the Projcc~ provided that the Grantee has submitted, and the Ocnartmenl has a=tod all reauircd """"''· Total s I 253.379.00 S.2. Remiltance Address. If mailed, payments sh•II be rcmiUcd to the foUov,iDg address unle.ss changed in accordance with §18 of the Orant Ci1y or Englewood 1000 Englewood Parkway Englewood, CO 80 I I 0 Page 3 or7 -Exlubil 8-S1>trm,n1 of Pn>JU1 ;,J. ln1<rMI. Grnn<ce or subgran1« ma) kc.'1' '"' -csl ea-n..d fro m foderal fun ds up to $1 00 per year for admm1strativc expenses Exc.css m1ercst i11comr sh11 II bt. returned to DOH o. ADMINISTRATIVE REQUIREMENTS :-he fo llowing subsections o r this section ,rr apphuhle 10 tln GmnL 181 all su~sections, or O Hinscrt only apphcable subsec11on numbers 6.1. Reporting Grantee ,ball s ubmit the followin@ reports to the Department using the sta1e-prov,ded forms The Department may whhhold paymenl\S) tf such reports arc not subm11ted timely. 6.1.1, Finondal Status Reports. One copy of the monthly Financial Status Repon aha II be submined within 10 ca lendar day, of th, end or the month. 6.J .2. Perform11nca Report,. One copy of the monthly Pcrl'o,i.1ance Report shall t,,_ submiued within 10 calendar days oflhe end or the month 6.1.3. Project Complellon Rep·,rt. Within 30 days after the complellon of the Project or lhe final draw, whichever is later, Grantee shall submit one copy or the Project Completion Report, and two ccpies of the final Finilll<ial Starus Report. 6-}, Monitoring. The Department shall monitor Iha Grant in accordance with its NSP ~onitoring Policy and §§ 1 l(B)-(C) and I 4(B) or Grant Agreement.. Fmal evaluation or the Project "'IIJ be accomplished wheo the Department approves the Projoc:1 Completion Repor1. 6.3. P.rlormanee Bonds. If thi.s Agreement funds eon,tructloo, rebabilitatiowrenovabon, or demolition worl< costing fifty thousand dollars or more per single family dwellin& or affordable housin& development, '.lrantee shall ensure !hat its 1ubconnclOl(1) have performance boarl and labor and material bond eovenieo value,! at I minimum of fifty percent (50%) or such work. 6.◄• Proc11rom ent Standards. Selection or contr>oton<, consultants, architects, ""'incers and p•"Chasc of materials to accompfoh the Project ,hall follow appropriate procwemenl standards as outlined in the S111e'• CDBG Guidobook, Fi11DMW MaMg,men/ Section. 6.5. Affirmative Markctln& Plan. Ir Sor more housing units are funded in the Project, Grantee 1ball provide an Affirmobve Marketing Plan for the Project lo accordance with or !his Gran ·. The Release of Funds under this Grant sl,all be condjnoned upao the approval or such plan by the Stole. 6.6. Dnis-Bacon AcL {40 USC 2761 -2761-S lo$ amended) 1equiring that, on 11! contracts and subcontracts which exceed $2,000 for federuly-assisted construction, al1eration or rehabilitAlion, lahorcn and meeban1es employed by contraeto,s or subcontractors shall be paid wages a1 rotes not less Ow, those prevailing on similar construction in the locality as detcrm,ned oy the Secretary of Labor (This requirement applies to the reha~;!itarioo or rcsidenti•l property only if such propeny is designed for use or eight or more units.) The :equimncnts set forth in this subparagraph are inapplicaJ,lc to individuals who volunteer their services ,·oder circumstances set forth in 24 CFR Par1 70 If applicable, the lead agency responsble for compliance shall be designated in the PPP. 6.7. Environmental Requirements. Gantecsball comply with all HUD cnvironmenta: requirements nnd shall not obligate Grar,t llmds prior to receipt of the wriucn rcleuc or funds from the S!Atc. 6.8. Section 3 of the BUU Act of 1968. If $200,000 or more in NSP fund s ore provided lo this Project, Grantee and subgrantee shall to the grcalCSI :>.tern feasible, provide opportunities for traini ng and employment that arise through HUD-financed projects will be given lo lower-income pcn<ons in tho Project area, and that contracts be awarded tv businesses located 1n the Project ~ or IO bUJiness:s owned in subslnntiol part, by residents or lhc Projccl uea. 6.9. Uniforin Relocalion Act (lJRA). Granlea is req~ to follow a URA Residential Anlidisplncemcnt and Relocation Assistance Pian wheo designing their programs in thnl obligation> related 10 voluntary nnd involuntary property ncquistision activi~es for veeanl and abanconed propcny apply. HUD is pmvid1ng an alternative rcquimncnl for rc,idenlial dwelling unil.l that nre demolished or c011verted in tha1 the one•for-ooe replacement requirement will be waived. Peg,• of7 -l:.xll!bll B-Sutcmcnl of ProJCCI 7. PR OJ ECT 0 UDGET Projttt Activldes , . ~011ICost NSI' Fu ndt • Olbtr f ullds • Othu nad Source Property /.cqu1si11on SI ,509.000.00 $909,000.00 $600,000.110 Pnvale Bank Ap.,msals S),500.00 SlJOO..i Siles l'rocecds Pmpetty lnspocllon / Estimates S),000.00 Sl,000.IIO O..dopc- Boildang Pcrm,1111111 Fees SIS,000.00 Sll/10000 USllaak Rrhtbllita1ion SlOl/,000.00 Sl00,000.IIO US Bank RdllbRauuioo Contingency !30,000.00 Sl0,000.IIO us Bank Prc-Purchtse Counseling 12,500.00 S2,SOO.IIO Sales Procctd$ Propeny Carryin& Costs SIS,000.00 SIS,000.IIO Siles Proceodt Financing Fees SSS,000.00 SSS,000.IIO Siles Proceed$ Maalelin& $92,500.00 S92JOl),IIO Siles Procetdl Lcpl SI0,000.00 SI0,000.00 Sales Proceed$ Developer f,. Sll ◄.000.00 $)14,000.00 Projoct Deli,cay Costi HS,379.00 SS,379.00 140,000.110 Siles Prow:da SwtuPCoslS $4,500.00 14,500.IIO Sales Proceeds Other ProJett Aela,ity CW SI 00,000.00 SI00,000.IIO S1lea Proceeds NSP Nlministlllioo 167,000.00 $24,000.00 S◄l,000.IIO Sties Proceeds CDOB Final Pt ymcnt SJ,000.00 Sl,000.00 Toll! Sl,561,379.00 Sl ,2Sl,379.00 Sl,314,000.00 8. PROJECT REQUIREMENTS: 1 Lo following subsections of !his sc:elioo arc applicable to this Grant 181 all subsections , or O §insert only cppllcable subsc:etion numbcn 8.l. AITord1bllitJ• Requiromenu. 8.l.l. NSP Assisted Unit Jdealification. Grantee shall dcsii;nate 10 un-{l) us NSP-assit:ed units. The units shall be mode up of: J.!!-thrte bedroom. As these umts will be floating units over the period of affordability, as dcscn'hcd in §8.1.3 below, Grantee shill ensure that the designated units will be comparable III tmn.s of 1i2c, features, end number of bedrooms to the originelly designated NSP unita. 8.1 .2. Il ene Retlrlclions. To ins= the rental units in the Project 11c alfolllable to LMMl households, nll of the rental uruta shall have the HUD AMl rent&, less Ille HUD apprvvcd utility allowance listed bel ow • . ArapahaeCounty 7~ I ; i-1;.,T ~;t,. l'\.·•·. Renta!Rat1 1},7': .. 1i;"~ ·~FJ;;•.,-.6. _:-\J~;"Jilr.;;tj·yc'. lh~1 o'.'B~o~ ···,.~~m ':"2.Bedroo~ :J.Bcdroo-;, 4-B'earoom • Fair Market Rout I S6l7 $704 $891 $126S $147S SO% AMI Rent I $66S $7 12 SSSS $988 $ll02 120 % AMI Rcn1 I $1596 $1 7 10 $2052 $2371 $2646 8.1.3. Alfordablllly Term Grontte shell ensure lhat all affordable units iden tified ahall continue 10 be used 10 provide housing for low, modenitc, and middle-income J>Cl100S or families for ll ycm fro m the do te of project closeouL 8.1.◄. U1t Cove nant Grantee shAII record I use covcnent for C1eh Proj<Ct property in the land records in the county in which such Project propeny is locetcd, using • fom subs1anli11ly similar to r,gcS ofl -E.hibil B -S1a1cmcn1 or Proi cc< - £Jbih11 ll A «Ip) of the recorded use covc,,.>nl aluiU be provided ID the Dcpanmt:nl 11 the ume of rccorchnr,, and 1s a condition for payment 8.J.5. Transfer or l ite Cove.nAnl The use covcmnl may terminate upon foreclosure or uansfei: in heu of foreclosure, unleu the ownor of record. before th< f01<tlosurc, or anyone with bus1ne.is or family t1c.s 10 lhc owner, obtains tm o"rncrship interest in the property 8.1.6. Noncompliancr ,. itb Us• Cov•nant If the Project i, not used for housing the above described bcncficumes, nr chc a.bovc described ~nts dunng lhe affordability c.tnn, Grantee or its auccess"'" ind assignees, heirs, gran ,ccs, or lessees, shall be required t o rr~•y 10 the State, within mty dayr of the State's reques~ the full .unount of the Grilll func:ls distributed for us, on the Project. In lieu of repaymen~ the Department may author:i.c the Grantee, or its successors and assignees, heirs, grantees, or lessees, lo repay the funds lo one or more public housing entities or private non-prolil CO!J)(nlions 8.2. Appraisal. urantec shall ensure U101 an appra isol will be done on all acquisi t ions using NSP funds. including the purchase of foreclosed/abandoned homes, residential propcztics and voluntary acquistio!ll. Foreclosed homes shall be purchased at a discount of at lcut l •t. or more below the currcot IDAl'ket-appraised value. The appraisal sha ll be used 10 determine the purchase discount. 8.3. Chaac• or Use. For a minimum of fifteen (IS) yem following lhe date of Project closeout by the Stale , Oranlcc may not <~•ogo tho usc or plaru,od usc of the property acquired or improved unless I) the Stale determines ti usc meets on e of the national objectives of the NSP program, and 2) the Grantee providca affcctou citizens with ru.sonable notice and an opportUJli ty to comment on any proposed changes. If Grantee decides lo change the use of the property and the State deems such usc as not meeting• NSP national objective, the Gnotcc shall rcimbUBc to the State an amoun t equal 10 the current fair market value of the property, lea, any portion of the value attributable to cxpCl'i1lW'cl or non-NSP fundl for acquisition of and improvements to, the property. After tho fifteen (IS) year period following the ProJcct closeout date, no State restrictions on us, of the propct!y shall be in effect unless specified differently in §8.1.3 above. 8.4. Eli&lble Households. All hou,cholds being served mu, J>e a gross income lhat docs not exceed 120% of the area median income The State is abo reqwrod to ensure that 25% of the NSP funds sc,vc households ot SO'/, or the area medi an income. A listing of the incomes for all household siz.cs is auached as Exhibit C and as updated &Mually on DOLA '1 website. 8.5. Rental Project Eligible Beneficiaries. Gnn,ec shall imwe thit l.Q housing units shall be occupied by LMMI households whose income docs not exceed the following, ., Number Tl')>f of Unit, . or Onill Maximum inco me for I four-person r~mlli•• ~SP-t,ssistcd !.!Dill (3) single family wiits 3 _s50% AMJ ($38,000) (7) single fomily units 7 !;120'/o AMl ($91,200) To!ill!l!i!! I 10 'Income listed arc ,o effect al tl1c Ume lhc Grnnt 11 executed Income for 0U1cr family Sl?.CS arc dcte,lcd in ExhlLII C. The State slull conduct an an11ual review of rents and household incomes 10 cnsun, compliance. 8.6. liom<o,-·n•rshlp Counseli ng. Grautcc 1hall inswe that the purohasing household will undergo a minimum ors hour, of'HUD approved' homeowncnhip counseling. 8.7. Income El igibility Dotcrmina tion. 8.7.1. Initial Oetumination. Grantee shall det<nninc annual income of the Project beneficiaries using• Annual Income", as defined under Ilic public housing and Section S programs 1n 24 CFR Part 5. Subpa;t F. Page 6 or7 -Exhibll B S<atem<nlofProJ<Cf R.i.!. Suh:cquenl De1crrnlnt1tlo1L'i Gra.n1cc shall (a) continue 10 use lhr uhovc specified m::omc qu•lifyil .g method for ,ub•cquent income dctcnninot,ons dun:,g lhe period of affordablility; or (b} use "a~,usted gross tncome", u tlcfincr for purposes of rci,orting under Internal Revenue Service: (IRS) Form I 040 scnes. The melhod of dclcrmtnatJon selected by the Grantee, atlu the 1011,aJ determmatton, sh•II be used for all ,ubscqucnt income dctcm11nattons for all hou.<eholds durinc the affordability period 8.8 . Program Income Grantees aholl follow the State's Progrom In come Guidelines for NSP grant for lhc 1ueluog, ac<:0unting. lllld use of program ,ncomc. 8.9. PropC!!] Stndards. 8.9.l. QSI Acquisition Only l'roperties/Projceti which reccrvc funds under this Grant shall mcct loul housing standards or code, at the time of initial occupancy. If no sta ndards exist, Projects shall conform to HUD Section 8 Housing Quality Standardt (HQS). 8.9.i. @ Co nstruct.Ion and Rchabiliution Projects. Consuuction and rehabilitation projeclS shall mcct all applicable local codes and ordinances a1 the time of projc<' completio:t If no standardt cxis~ Projects shall conform to HUD Section 8 Housing Quality Standards for Ex,.ting Housing. 8.9.3. D Fair Dousing Act (42 USC 3601-20), and Section 504 (29 USC 793), •s emended. Coml!Uction must meet the accessibility 11a1>dards of the Fair Housina Act and Section 504. !'or housina projects which include any new construetio1 or aubstantial rehabilitation of multi- family houaing units, Section 504 requires selected unit110 be made •=sible to pcl'IOns with disabilllies, and lo the moximum extent feasible, these uniu, arc to be evenly disu,'butcd throughout the Project site and be sufficient in range of size when compared to other units. Specifio requirements include: 8.9.3.1. Handicap Accessible. __ units shall be designa1ed to meet the rcquircmcnl that at leut 5% of 101AI project uniu aholl be made handicap accessible according to the Unifonn FcdCl1ll Accessibility StMdarda. 6.9.3.2. Pertons with Bearing or VIJual lmpairmentr. __ unlll shall be designated 10 meet lhe requirement that II least 2% of the tolal projcc1 units sbaD be accessible to pcnons with hearing or visUAI unpairments. S.9J.3. AvallabUlty of Units. The owner or manager of ~le housing unit, must make available lo the general public Information regarding the availability of hln~'cap accessible units for eligible individuals. ~-• · P11rohasi ne Household. Gr.,ntcc wll ensure that the purchnsing hou,,chold must have the n:qu,rcd income at the time when the contract ii signed to purchase the home. The purchasing household must occupy the property as • principal residence and the deed and the loan dccumcnts between the Grantee and the household must incol)>Oratc lhis requin:menl The abandoned or foreclosed home purchased sale pncc, shall be equal 10 or less thao the NSP cost to acquire and redevelop the home. PRjC 7 of7 Exhibit I} -Stotemcnt o Proiect EXBlllIT C -T'/C OMB & RENT LIMIT Co u nty Arapa hoe 120'11, ABpaho e 100'11. AFci p'lhoe 80o/a A.rapehoe 6S'llo A1 a pehoe 60~1, Ar.tpa h oe 55'11. Arap o hoc 50% Arapa h oe 45'!1, Arapa h o e 40'!1, Arapaho e JO'llo • M AX1M U M RENTS EXH IBITC COLORADO DIVISION OF HO USI NG 2009 INCOM E A ND RENT LIMIT HUO Release Date: March 19 , 2009 INC O M E UMITS 0 B D RM 1 B DRM 2 B DRM 3 B DRM 4 BDRM 1 PERSON 2 P EIW<•N 3 P ERSON 4 P ERSON 5 PERSON IS PERSON 7 P ER SON 8 P ERSON l 5 96 1,710 2,052 2,371 2,6"6 63 8 40 72 960 82 080 91 200 98,520 105,840 113,040 110,360 1 330 1,425 1,710 1,976 2,205 53,200 60,800 68,400 76,000 82,100 88,200 94,200 100,300 l 063 1,140 1,367 1,580 1,763 4 2,," 48,o au 5 4 ,,uu llO,o uu 65,u,a IU,ne ,,,suu 80,,,, 86-4 92Ci 1,111 1,284 1,433 34.,580 39,520 44,◄60 49,'IOO 53,365 57,330 61,230 65,195 798 ~55 1,026 1,185 1,323 31 9 20 36,4 80 4 104 0 45,600 49 260 52,920 56,520 60,180 731 '33 940 1,086 1,212 29 260 33,440 37 620 41,800 45 155 48,510 51,810 55.165 6 65 2 855 988 1 ,102 26,ouu 30,"uu 34,2 0 0 J U,uue 41.1 v...r\o q4,lUO 47,l fl0 :,u,l:,1, 598 6-41 769 889 992 23940 27 360 30 7 8 0 3 4 ,200 36 945 39,690 42,390 45135 532 570 684 790 882 21 280 2 4,320 2 7 3 6 0 30,4 00 32,840 35,280 3",680 401 L20 398 427 512 592 661 1~,n, 1 8,,,, 20,~o~ 22,uuu Lq,uuu ..... ~~" ,.,,,., 30,IOu • • J'IORM 1 -AFl'IDA v rT 01' LEGAL RESIDENCY I, -----~c-:------:-----:-.,...,...---,----,-• swear or affinn under penalty of perjury under lhe laws of the State of Colorado that (c heck one): 0 I am a United States citizen, or D I am a Pcmianent Resident of lhe United States, or 0 I am lawfully present in the United States pursuant to Federal law. l understand lhat this sworn statement is required by law because I have applied for a public benefit or I am a sole proprietor entering into a contract or purchase order with the Stale of Colorado. I understand that stale law requires me to provide proof that I am lawfully present in the United States prior to receipt of this public benefit or prior to ent.ering into a contract with the State. I fu:lher acknowledge that making a false, fictitious, or fraudulent statement or rcpn:sentation in this sworn affidavit is punishable under lhe criminal laws of Colorado as perjwy in the second degree under CRS §18-8-503 and it shall constitute a separate criminsl offense each time a public benefit is fraudulently received. Signature Date Page I ol I -Fann I -A!'i~av11 of Legal Rea,dcncy • • • COUNCI L COMMUNICATION Date: Agenda Item: Subject: Sept~mber 8, 2009 11 a Iv Colo,ado Auto Then Prevention Authority Intergovernmen tal Agreement Initiated By: Staff Source: Police Department john Collins, Deputy Chief of Police COUNCIL C OAL AND PREVIOUS COUNCIL ACTION None RECOMMENDED ACTION The Police Department is recommend in g tha t City Coun cil ado pt a bill for an ordinance au thorizing the Englewood Police Department to accept a grant award from the Colorado Auto Theft Preven tion Authority . BACKG ROUND, ANA LYS IS, ANO ALTERNATIVES IDENTIFIED The Englewood, Littleton, and Sheridan Police Departments submitted a jnl,1: grant application to the Colorado /\uto Theft Prevention Authority (CATPA) 1equesting funding that would enable the agencies to work together In an effort to Investigate auto thefts in the sou 1h metropc"tan area. On June 15, 2009 the gram application was approved In the amount of S 199,120. The projed has led to the deve lopment of the South Area Auto Theft Task Force. The primary component of this project is that the agencies will utilize members of each agency, on an as needed basis, to Join tly inves tigate au to theft events that affect the three agencies. FINANCIAL IMPACT Upon mu tual agreement between the Englewood, Littleton, and Sheridan Police Departments, the City of Englewood Police Departmen t will receive pol ice overtime funding in the amount of $16,673 and one Automated License Plate Reader System valued at S22,000. Englewood Police Officers will be paid out of this overtime fund. UST OF ATTACHMENTS Bill for an Ordinance • • • ORDINANCE NO Sl'RIES OF 2009 HY AUIIIOIUTY COUNCil. BILL NO. 41 11\'TRODUCED BY COUNCIL MEMBER ____ _ A BILL FOR AN ORDINANCE AUTI IORIZING ACCEPTANCE OF A JOINT GRANT FROM THE COLORADO AUTO THEFT PREVENTION AlffilORITY (CA TPA) BETWEEN THE CITY OF ENGLEWOOD, COLORADO; THE CITY OF LITTLETON, COLORAOO AND TIIE CITY OF SHERIDAN, COLORADO. WH,,REAS, the Cities of Englewood, Littleton ond Sheridan submitted a j~int grant application to the Colorado Auto Theft Prevention Authority (CATPA); ond WHEREAS, the joint llJ"lllt application requested funding that would enable the agencies to work together ii1 an effo'1 to investigate auto thefts in the sooth metropolimn area: and WHEREAS. the Colorado Auto Theft Prevention Authority (CATPA) awarded the cities n joint grant in the amount ofSJ99,220; and WHEREAS. the project has led 10 !he development of a proposed South Arca Auto Theft Tasl ron:e: and WHEREAS, the primary component of this project is that the agencies will utilize members of each agency, on an os needed basis, to jointly investigate auto thcfl events that offec1 the three agencies: and WHEREAS. the passage of this Ordinance authorizes an lntcrgovcmmcntal Agreement between the Cities of Littleton. Englewood. and Shcndan creating the South Arca Auto Theft Task Force under the Colorack, Automobi le Theft P=cnlion Autlionty Grant and acceplS the City's ponion of grunt funding: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: ~-The City Coone ii of the City of Englewood, Colorado hereby aulhoriz.cs the accepiancc of the CA TP A Grant and accompanymg mtergo,-crnmc,ual agrccmcnt, a copy of which 1s marked as "Exhibit A .. and attached hereto. ~-The Mayor and the City Clerk ore hereby au thorized to sign sn id CA 11' A lntcrgovcmmental Agreement bctwceu the Cities ofLi1tlc1on, Englewood, and Sheridan creating the South Arca Auto Theft Task force under the Colorado Automobile Theft Prevention Authority Grant on behalf of the City of Englewood. Introduced, read in full. and passed oa first reading on the 8th day of September, 2009. Pub lished as n Bill for nn Ordinance in the C11y's official ncwspnper on the 11" day <'fScp1c111bcr 2009. Pubhshcd as o 8111 for an Ord1nar.cc on 1hc Cily's officio! wcbsllc begmmng on 1he 9"' da y of • Scp1ember, 2009 for 1hiny (30) days, James K. Woodward, Mayor ATTEST: Loucrishia A. Ellis, Ci1y Cleric I, Loucrishia A. Ellis, Cily Clerk of the Cily of Englc--ood, Colorado, hereby certify thal 1hc above aod foregoing is a true copy of a BiU for an Ordinnncc, inlroduccd, read in full , and passed on first reading on the 8th day of September, 2009. Loucnshia A. Ellis • • • • AN INTERGOVERNMEJ\'T AL AGRERMENT ncnVEEN THE CITIES OF Ll ITLETON, ENGLEWOUD, AND SHERIDAN CREATING THE SOUTH AREA AUTO THEFT TASK FORCE UNDER TRJ" COLORADO At"1'0MOBILE THEFT PIIEVENTION .-UJTHORI fY GRANT This Agrcemeol is made between tbe Cities of Liltlelon, Englewood and Sheridan, Colorado (herein after referred to as tho ''PARTIES'') 1111d entered into lhis __ day of ____ 2009, regllrding the 2009 Colorado Au11,mobile Theft Prevention Alllhority (CATI'A). WHEREAS, the PARTIES to this Agreement have the authority purnuanl to Article XX, Sec. 6 of the Colorado CoostilUtion and Colorado Revised Statues Section 29-1-201, et. seq. to cnu:r into inlczgovemmental agreemeola for the pUipOsc of providing any service or performing any function which they can perform individually; and, WHE"2AS, the PARTIES to lhis Agreement desi?e to cooperate in developing and carrying out lhe goals of the Colorado Auto Theft Pmeotioo Authority (''CATPA'') . This program provides grants to local I aw coforccmc:Ol to reduce auto thefts; and, WHEREAS, the PARTIES to !his A~emeot desi."C to create a project under the terms of the Grant entitled the South Area Auto Theft Task Fon:e in order meet the provisions of the G:llnt;and, WHEREAS, the intent of this Agreement is to have the CITY OF LITTLETON apply for CA TP A fuods from the Colorado Automobile Theft Authority and to divide such grant funds between the PARTIES; and, WHEREAS, each governing body, in perfomrlng governmental functions or in paying for the perfoananc, of govt.mil .<nt functions hereunder, shall make that performauce of those payments from current revenues legally available to that party; and, WHEREAS, each governing body finds that the perfonnanoe of this Agreement is in lhe best interests ofnll PARTIES, that the undertaking will benefit the public, lllld that the division of costs fairly compensates the performing party for the services or functions wider this agreement NOW THEREFORE, w consideration of the mutual promises set forth below, ODd other good nnd valunbl~ consideration. the receipt BDd sufficiency of which are b=by nclcnowledged, the PARTlhS h~i'Cby agree as foUo,·~ SECTION 1 The CITY OF LI'liLETON wiil seek approval fiom the Colorado Department of T'ublic Safely prior to entering into any contract or agreement for project activities or provision of services, other than the purchase of supplies, or standard commercial or maintenance services. The PARTIES w'JJ mutually agree in advanr.e concerning all project purchases or conlracts for supplies services and/or equipmen'. The CITY OF LITTLETON will seek reiml,11rsement fiom the Colorado Automobile Theft PrcventiC1n Authority for all costs authcri2ed by the Granl THE Cl rv OF LITTLETON will then submit to the other PARTIES their allocations as agreed upoo lo this AgreemeoL Said funds will be sent to the account and financial institution provided to the CITY OF LITTLETON by the othc: Parties. Toe CITY OF LITTLETON will have fifteen business days to disburse the allocations to the '.'arties, after the CITY OF LITTLETON receives the funds from the Colorado Automobile Theft Prevention Authority. SECTION 2 The Parties agree to allocate the t..,ta) amount of CATPA grant f\mds of $199,220.00 available in State of Colorado gra, • monies tr, all parties in the following amounts, unless the parties mutually agree, in wiitii,!-!o a different arrangemenL To the CITY OF LITTLETON: Police overtime hours valued at $16,674.00 One Automated License Plat, J..eader (ALPR) System valued at S::.,000 Ser'\'er for storing data fiom ALPR and wireless system lo transfer data valued ~t $12,000.00 Unmarked vehicle e<;Uipped with standard police equipment including; Mobile Data Terminal (MDT) computer, mounting rack, docking station, and modem emergency light'.ng and police radio valued at $35,000.00 To the cm OF ENGLEWOOD: Police overtime hours valued at S 16,673.00 One Automated License Plat,: Reader (ALPR) System valued at $22,000 To the CITY OF SHERIDAN: • • • Police overtime hours valued at $16,673.00 Part Time Crime Analyst valued a1 $31,200.00 Lap top Computer and software for Crime Analyst valued at $2,000.00 Software for Crime Analyst valued at $3,000.00 One Automated License PlaJe Reader (ALPR) System valued at $22,000 ~Qlil The CITY OF LITTLETON agrees 1D use $85,674.00 of the CATPA grant funds through September 2011, the period covering tho granL The CITY OF ENGLEWOOD agrees to use $3 8,6 73.00 of the CATPA grant funds through September 2011, the period covering the grant The CITY OF SHERIDAN agrees to use $74,873.00 of the CATPA grant funds through September 201 I, the period covering the grant. • SECTION4 The PARTIES agree to submit 1D the CITY OF LfTTLETON all fioancial reports, perfonnance repoltS, and any other reports required by the granl SECTIONS Each party understands and agrees that, for pwposes of the gJlllt, the CITY OF LrITLETON shall not be considered a "pass-through entity" within the meaning of 0MB Circular A-133. The CITY OF LITTLETON'S status shall be that ofa fiscal agent and, as such, the CITY OF LITILETON shall bear no responsibility for monitoring the use of grant funds by a.iy of the other parties to this Agreemenl Accordingly, each party to this Agrrement shall be considered a co-recipient of the grant and, in that capacity, shall be directly accountable to the Colorado Automobilci Theft Prevention Authority for all matters concerning grant compliance. SECTION6 The PARTIES to this Agreemcot do not intend for any third party to obtain any rights by virtue of this Agreement or to create any rights in any party not a signatory hereto. SBCTLON 7 By eniering mto this Agreement, the PARTIES do not intend to create any obligations, expiess or implied, other than those sct out ~ This Agreement rep,esentS the ~ and integrated agreement between the PARTIES and supersedes all prior negotiations, representations or agreements, eithez writ!CD or oral and may be amended only upon written agreement of all PARTIES. SECTIONS Nothing herein contained shall make or be construed to make the City of Littleton, the City of F.nglewood, and the City of Sberidao a partner of any other or the others, oor is this Agreement intended to create a separate governmental entity as the term is defined in 1'1rt: 2, Article 1, Title 29, C.R.S. SEC11QN9 This Ag=meot shall be deemed to be made, shall be subject to, and shall be construed in accordance with the laws of the Slllte of Colorado. SECTION JO Sbould any ooe or more paragraphs or provisions of this Agreanent be judicially delcrmined invalid or unenforced>le, such deteunination shall not affect, impair, or invalidare the remaining provisions hereof, the intention being that the various provisions hereof are severable. SECTION 11 Any notice required or pemiitted by this Apmeol shall be in writing and shall be deemed to have been sufficiently given for all pwposes if sent by certilied mail or registcn:,! mail, postage and fees prepaid, addn:ssed to the party to whom such notice is to be given 81 the address set forth on the first page of this Agrecment,(fhere arc no addresses on the first page of the Agreemcu1 also should pemlit ootice by pezsooal service) or 81 such other add=s as has been previously furnished in writing to the other party or PARTIES. Such notice shall be deemed givai when deposited in tbe United States mail. SECTION 12 The party who takes possession of supplies, equipmCDI. or items purchased under the tams of the grant shall be rtSJ)ODSJDle for the care, main!ell8D0e, and to c,,tain appropriate i11S11111DCC for the seme. SEcnON 13 This A.greemcr.t may be executed in one or more counu:iparts, all of whic.h taken together shall constitute one and the same instrwnent. 4 • • •• \ CITY OF LITTLETO ATil:ST: City Clerk CITY OF ENGLEWOOD ATTEST : By: __________ _ Mayor By: _______ _ City Clerk -LOucr is~ia A. Ell is Mayor-James K. Woodward CITY OF SHERIDAN ATIEST: City Clerk By : _______ _ Mayor • • • CO UNCIL COMM UN ICATION Date: Agenda Item: Subject: September 8, 2009 11 cl 2009 Private Activlt-, Bond Cap Allocauon Initiated Br, Staff Source: Community Development Department Darren Hollingsworth, Economic Development Coordinator COUNCIL GOAL AND PREVIOU S CO UNCIL ACTION • Cour.cil discussed the annual Private Activity Bond (PAB) assignment at the August 17, 2009 City Council Meeting. • Council considers ass igning the PAB Cap Allocation annually. • Council adopted Roadmap Englewood: 2003 Englewood Comprehensive Plan. The Hous ing element Includes Objective 2-1: •encouraging home ownership." RECOMMENDED ACTION The attached Resolution authorizes assignment of Englewood's 2009 Private Activity Bond (PAB) Cap All ocation to the Colorado Housing and Finance Authority (CHFA) for home ownership programs. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The State of Colorado allocates Priva te Activity 13ond (PAS) Cap 10 jurisdictions eligible to receive more than one million dollars of PAB. Englewood was allocated $1,456,875 for 2009. Englewood became an entitlement community for an allocation for the first time in 2002. Prior to tha~ Englewood was eligible to apply to the State of Colorado for PAB. In 2002 through 2008, Englewood assigned its PAB allocation to the Colorado Housing and Finance Authority for home ownership programs. For many years prior to tha~ Englewood applied to the Sute to assign its share of PAB allocation to the Metro Mayors Caucus mortgage bond program administered by the City of Denver. That program also provided home loans. The Metro Mayors Caucus program has nol been able to issue home mortgage bonds due 10 markel conditions. The City typically does not assign the PAS un1il mid-year, dose 10 the Stale's September 15 deadline so that the PAB may be available for an eligible local project No PAB eligible projects have been proposed In Englewood yft this year . Fl A CIAL IMPACT The R'!Solutlon assigns Englewood's entire 2009 PAB allocation of Sl,456,675 to CHFA for Home Ownership programs. If the Council &akes no action, the PAB allocation would revert to the Colorado Oepartm n1 ol Local Affa rs for assignment to eligible sta te agencies. UST OF ATTACHMENTS Resolu tion • • • • RESOLlITION NO SF.RIES OF 2009 A RESOLUTION AITTIIORI/.ING ASSIGNMl!Nl 10 TIIE COLORADO HOUSING AND FINANCE AlTTHORffY OF A PRJV A TE ACTIVITY BOND ALLOCATION OF THE CITY OF ENGLEWOOD, ARAPAIIOE COUNTY, COLORADO PURSUANTTOTIIE COLORADO PRIVATE ACTIVITY BOND CEILING ALLOCATION ACT. WHEREAS. 1hc Ci1y of Englewood, <.:ol<l111do is au1horitcd and empowered under 1he laws of 1he S1a1e of Colorado to Issue revenue bonds for 1he purpose of providing single-family mong3gc loans 10 low ond moden11c income per.;ons and fomihes; and WHEREAS, 1hc Internal Revenue Code of 1986, as amended, rcstriCIS the runoun1 of ta.x- ucmpl bonds which may be issued in the S1a1e 10 provide ~uch mortgage lonns and for certain 01her purposes; and WHEREAS, pursuani to the Code, the Colorado Legislature adopted the Colorado Priva1e Activity Bond Ceiling Alloca1ion Act, Part 17 of Anicle 24, Colorado Revised Su,1u1es (the "Allocation Act"), providing for the alloct1tion of the State Ceiling among th.! Colorado Housing and Finance AuLhority (" Authority") and other governmental units in the Suu ,. and further providing for the assignment of such allocations from such other govcmmcntal units 10 the Authority; and WHEREAS. pursuant to an allocation under Section 24-32-1706 of !he Allocation Ac1, the City of Englewood, Colorado has an alloca1ion of the 2009 Seate Ceil in~ for 1he issuance of a specified principal amount of Pnvate Activity Bonds prior to September 15. 2009 (lhc ''2009 Allocation'); and WHEREAS, the Ci1y of Englewood, Colorado has dc1ermined 1ha1 the 2009 Allocauon. or a portion lhcrcof. can be utilized mos1 efliciemly by assigning it to lhe Authori1y to issue Private Acthi1y Bonds for lbe purpose of providing single-family mongnge loans 10 low and modern1e income persons and families; which assignmen1 is 10 be evidenced by an Assignmcnl of Allocation between lhe City of Englewood and lhe Au1hori1y; NOW. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIIE CITY OF 1.:NGLEWOOD,COLORADO, THAT: Sec1ion I. The assignmeni 10 the Au1hon1y for S 1,456,875 of the Cit!' of Englewood, Colomdo 's 2009 Alloca1ion shall be and hereby is approved ~. The fonn and substance of che Assignmen1 of Allocation arc approved; pmvidcd, however. 1ha1 0ie Englewood C11y Council is au1hontcd 10 make such lcchnical variations. oddi1ions or deletions in or to such Assignment of Allocalion as 01ey shall deem necessary or appropriate and nol inconsis1e111 with the approval 1hcrcofby 1his Rcsolulion . ~-The Mayor and thr City Clerk for the City of Englewood, Colorado are authorized to execute and deliver the Assignment of Allocation on behalf of the City of Englewood and to take such other steps or actions as may be ncccss.iry, useful or convenient to effect the aforesaid assignment In accordance with the intent of this Resolution. ~-If any section, paragraph. clause or provision of this Resolution shall for any reason be held to be invahd or unenforceable, the invalidity or unenforccability of such section paral!Jllph. clause, or provision shall not affect any of the remaining provisions oflhis Resolulton. ~-This Resolution shall be in full force and effect upon its passage and approval or as otherwise required by the Englewood Home R•lle Charter. ADOPTED AND APPROVED this 8th day of Sep1embcr, 2009. ATTEST: James K. Woodwaro. Mayor Loucrishia A. Ellis, Ci[)' Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood. Colorado, bcrcby certify the above is a true copy of Resolution No. __ • Series of 2009. Loucrishia A. Ellis, City Clerk • • • • • • COUNCIL COMMUNICATION Dale: Agenda llem: Subjec t Seplember 8, ~OO'l 11 ell Resolut ion 1rar1sferrlng funds from various funds to the General Fund In itialed By: Slaff Source: Finance and Administrative Services Department Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCI L ACTION City Council has been informed of these transfers during the vario us budgetary discussions held al study sessions In 2009. RECOMMENDED ACTION Slaff recommends Cily Council approve the anached resolutio,1 transferrin g funds lo the General Fund. PUBLIC IMPROVEMENT FUND; SOURCE Of FUNDS: Road and Bridge Projrcls USE OF FUNDS: Transfer lo Gener,11 Fund GOLF CO URSE FUND; SOURCE OF FUNDS: Funds Ava ilable USE OF FUNDS: Transfer 10 General Fund DONORS FUND: SOURCE OF FUNDS: llnreserved/Undl'Slgnaled Fund Balance USE Of FUNDS: Transfer 10 Geoeral Fund GENERAL FUND; SOURCE Of FUNDS: T,.nsfers In USE Of FUNDS: • •nreserved/Llndc<lgnMed Fund Bal,mce SI 15,000 $115,000 SI00,000 S 100,000 S30,000 S30.00..1 S245,000 S2◄5,000 BA CKGRO U 0 , A ALYSIS, A D ALTE R ATIVES IOE TIFIED These lransfers "ere dlscuss~d in1emally al the various departmental bud gel meeting5 as w II as the preliminary budget mee11ng5 held with City Council. These lrans!ers are one-time transfers lo help the General Fund \\eather the loss of revenues during the unexpected and severe economic dO\snlum Fl A CIAL IMPACT Tiw e tran f r , ere not ant1c1pated nor were they part of the 2009 Budget. • The General Fund's ~009 unreserved/undesignated fund balance increases $245,000. • The Donors Fund's unreserved/undeslgnated fund balance is decreased by $30,000 . • The Public lmpro vemenlS Funds will have S 115,000 less for road projects . • The Golf Course Fund will ha J 100,000 less in funds available UST OF ATTACHMENTS Proposed Res olution • • • • • • RESOLUTION NO. SERIES OF !009 A RESOLUTION TRANSFERRING FUNDS FROM VARIOUS FUNDS TO TI IE OENF.RAL FUND, WHEREAS. lhcsc 1r11nsfers were discussed in1cmally al the dcpanmentul budget med111~., u, well as the preliminary budget meetings held ""th the Englewood C11y Counc:11: and WHEREAS, these transfers ru-e one-lime transfers 10 help the Gcncml fund wea1hcr the loss nf revenues during the uncxpcclcd and ~vcrc c:conom1c downlum; and WHEREAS , these tmnsfcrs were not anlic ipnted nor were lhcy pan of the 2009 Rm111ct: NOW. THEREFORE, BE IT RESOLVED BY 11-fECrrY COUNCLL OFlllFCITYOF ENGLEWOOD, COLORADO, THAT: ~-The City Council of the City of Englewood, Color11do suppons the transfer of funds from variOUJ funds to the General Fund, as follows: PUBLIC IMPROVEMENT FUND SOURCE OF FUNDS: Road and Bridge Projects USE OF FUNDS: Transfer 10 the General Fund GO LF COURSE FUND SOURCE OF FU NDS: Funds Available US E OF FUNDS: Transfer 10 General Fund DONORS FUND SOURCE OF FUNDS : Unrcsc,,vo:d/Undes11!J1atcd Fund Balance USE OF FUN DS: Transfer lo General Fund SI 15,000 SI 15,000 Sl00,000 $100.000 S 30.000 S 30,000 GEN ERAi . FUN ll SOURCE OF Flll'IOS: ·1 ran,rcrs In USE OrFUNDS; Un=ed/Undes,gnnu:d Fund Balance $245,000 $245,000 ~ The C11y Manngcr nnd the D1rec1or of Finance and Administrative Services arc hereby nulhoriud 10 make the above changes to lhc 2009 Budget for the City of Englewood. ADOPTED AND APPROVED this S" day of September. 2009 ATTEST: James K. Woodward, Mayor Loucrishia A. Elhs, C11y Clerk I, Loucrishia A. Ellis. City Clerk for the City of Englewood. Colorado, hereby certify the above is o true copy of Rc.<0lu11011 No. __ , Series of 2009. Loucrishia A. Ellis. City Clerk 2 • • • • • • COUNCIL COMMUNICATION Da te: Agenda Item: Subj ed: September 8, 2009 11 ciii Resolution Accepting Transfer of Ownership of Various Parcels of Land from EURA to the City Initiated By: Staff Source: Community Development Department Alan Vllhlte, Director - COUNCIL COAL AND PREVIOUS COUNCI L ACTIO N The transfer of ownership of various parcels of land from the Englewood Urban Renewal Authority (EURA) to the City was the subject of Council study sessions on October 22, 2008, November 3, 2008 and December 1, 2008. The status of parcels was the subject of Council Requests 08-274 and 08-279. At the December 1, 2008 study session, Council concurred with the staff recommendation to transfer ownerslilp of the drainage, right-of-way, and parking parcels to the City. RECOMMENDED ACTION Staff recommends Council adopt a resolution accepting ownership of the parcels noted below, BACKGROU ND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The parcels involved In this transfer of ownership were acqu ired by the EURA In the 1980s in furtherance of the Urban Renewal Plan. The parcels aJe remnants of larger parcels acquired for redevelopment drainage Improvements, parking and roadway Improvements. The parcels propcned for transfer are highlighted In the attached table and their locations are shown on the attached map. The parcels are used for drainage, parking and right-of-way and are Parcels 16, 19, 20, 21, 38, 39, 40, 41 , 46, 47, 51 and 53 as shown on the attached map. Parcels not included In this transfer are Parcels 18 (a t Elati and Floyd). 24, 25, 26, 27 (the Acoma property) and 29 (small parcel at Broadwa1 and Englewood Parkway). The Urban Renewal Auth ority recommended die owne rship of the pa rcels be transferred to the Oty by Resolution No. 02, Series of 2008, dated July 9, 2008. The Parks and Recreation Commission recommended the City accept ownersh;p of the parcels at their regular meeting on November 4, 2008 • FINANCIAL IMPACT The parcels Involved in th is transfer of ownership consist of drainageways, right-of-way and parking. The Oty has been maintaining the parcels for several years and has already absorbed the costs of main1enance. UST OF ATTACHMENTS Resolution • • • • • • RESOLtmON NO. SERIES OF 2009 A RE~OLUTION AUTHORIZING THE TI\ANSFER OF OWNERSHIP OF VARIOUS PARCELS OF LAND FROM 11iE ENGLEWOOD URBAN RENEWAL AUTHORITY {EURA) TO THE CITY OF ENGLEWOOD, COLORADO WHEREAS, 1he parcels involved in 1his ltanSfcr of ownenhip were acquired by the Englewood Urtmn Renewal Au1hori1y (EURA} in lhe I 980's in funherancc of lhe Urban Renewal l'lnn: and WHEREAS, the parcels are remnants of larger parcels acquired for redcvelopmen1, drainage improvements, parking and roa,1way improvc:mcnts: and WHEREAS, lhe Ci1y has been mainlaining 1hc parcels for scvtnl years and has already absorted lhe costs of maint~ of such parcels; and WHER.EAS , lhc EURA recommended the ownership oflhc parcels described on attacbcd Exlubi1 A, be transferred 10 City of Englewood, Colorado with the passage of Resolution No. 02, Series of 2008, dated July 9, 2008 : end WHEREAS, the Englewood Parks and Recreatioo Commission recommended lhe City accept ownership of the pa.-ccls described oo attached Exbibi1 A, 11 their regular m~ting on November 4, 2008 ; NOW, lliEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: ~-The City Council of lhe Ci1y of Englewood hereby authorizes and accep1s the u-ansfcr of ownership for lhe parcels as described on anached Exhibi1 A hcrelo, from the Englewood Urban Renewal Au1hority 10 the Ci1y of Englewood, Colollldo. ADOPTED AND APPROVED this 8" day of September, 2009. ATTEST: James K. Woodward, Mayor Loucrisbia A. Ellis, City Clerk I, Loucrishia A. F.llis, City Clerk for the City of Englewood. Colorado, hettby cenify the above 1s a t,uc copy of Resolution No. __ , Series of 21)09 . Loucrishia A. Ellis. City Clerk • • • Resolution No. 2 Series of 2008 Englewood, Colorado Urban !Renewal Authority A RESOLUTI ON O F THE ENGLEWOOD UR BAN RENEWA L AUTH ORITY AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE THE DOCU1AENTS REQU IRED TO TR ANSFE R PARCELS OF EURA OWNED LAND TO THE CITY OF ENGLEWOOD FOR PUBLIC l'URPOSES INCLUDING BUT NOT LI MITED TO DRAINAGE, STREETS AND PARKING. WHEREAS The Englewood Urban Renewal Autho rity ("EURA") owns certain real property listed below by Arapahoe County Assessor PP I number; and, WH EREAS the sub ject properties are adjacent to publi c property and function as part of public drainage ways, st reets and parking and; WHEREAS the subject properties are not suitable for development; and, WHEREAS The City of Englewood has historically maintained the properties; and, WHEREAS The City ol Englewood may accept the transfer of the properties from the EURA; Ullle Ory ".:reek Parcels 20TT-03· H)0-017 2077-<XH -07-009 20TT-03-1-07-010 20n .03. 1 -01-021 2077-03-1-07-030 2077-03-1-12-001 2077-03· 1 • 12·002 2077-03-1-14-028 Streets and parking 1971-34•3·19-024 1971-34-3-19·031 1971-34·3·20-022 Floyd Ave and Parking 1971-34-4•00-004 City of Enit-ood, Colorado 8/18/2009 UIA Md Cifr-0,m..t f'ropetfJe Loai.d In DoomlOwn En1'-d Md .Jon, Link Dry Clfflt IW'NO. MIA ,,. --GIi llNAIII TYi' -14 VAU'll CUii 1 4841.44 1971,34+0(),()37 ENGlEWOOO, Cl1Y OF 3448 s MON>WAY Se7,580 $14.55 """ 2 3S4U 7 1971-34--4-00-0:rl ENGI.EW000, CllY OF 0 NA NIA NIA ~580 Sll.71 """ a: -.k 11171~ ENGI.EW000, Cl1Y o,; 23 E -AVE $70.211 $1"'' """ 71n.98 11171~ ENGl£WOOO, CllY OF 31 E HAW0£N AVE $122,W $18.53 CIIY a 3362.88 1971-1 ENOI..EWOOO, CllY OF 35 E HAWOEN AVE $81 ,431 l 1U 2 CI\I I 11428.24 1971-34-4-00-017 E.NOLEWOOO. Cl1Y o,; 0 NA NIA NIA S3011,<150 S1 U 3 CIY 7 5125.11 11171-34-4-00-013 ENGl£WOOO, Cl1Y 011 0 NA NIA NIA SIIUOO $17.08 CI\I I 9023.13 1971-11 ENGI.EW000. CITY OF 0 NA NIA NIA $150,1158 1111.70 ""' 9 11248.n 11171-344-ENGI.EW000. CllY OF 3400 s UNCOI.N ST $149,1154 SIS.1 7 01v 10 1&15.88 11171-7 ENOLEWOOO. Cl1Y 011 128 E OIRAAO AVE 111a.ou $15.1 """ 11 7115.92 1971~ ENGlEWOOO. Cl1Y OF 129 E OIRAAO AVE $123,113 116.02 """ 12 1747.11 11171-34-4.24-007 ENGlEWOOO. CITYOF 125 E OIRAAO AVE $123,113 SIS, .. .. 13 35714.07 1971-34-4,24010 ENGLEW000, CITY OF 3380 s UNCOlN ST $881,175 115.70 Iv 14 -.k 11171--ENOLEWOOO. C11Y OF 0 NA NIA NIA St-1 115 "' .. 15 1511.53 197144-4-00-042 ENOLEWOOO, QTY OF 0 NA NIA NIA 13,CI SO"' .. II Nao.91 1971-34-4-GIMl04 ElfClLEW000 UAIAN IIENEWAI. 3300 s IM>M1NAY um S0.04 URA 17 _ .. 1971~ ENCILEW000, Cl7Y OF 0 NA NIA NIA IUIIII I0,05 ...... 11 11114.47 1971--EN0LEW000 UAIAN IIEHEWAL 0 NA NIA NIA 11"'-114• URA 1t -.oa 1971~ ENCllWOOO URIAN IIENEWAI. 0 NA NIA NIA ..... IO,ft , ... 20 11714.11 1971-M-S-11MDI ENC1LEW000 URIAN IIEHEWAL 0 NA .... WA .... IOft URA 21 m u , 11171-M-S--ENCILEW000 UAIAN IIEHEWAL -s IWN>CK IT --IO.O URA 22 tt122.11 1971~ ENOLEWOOO, QTY OF 0 NA NIA WA ....... I0.03 ..... 23• 481ol..olM! 1971~17~ ENGl£WOOO Cl1Y OF ao w o,wm AVE -S0.07 URA 24 -11171~17-024 ENOLEWOOO UAIAN AENEWAL 30 w o,wm AVf. 1324,101 SIU URA 25 '411"' 11171-M-S-I 7-002 ENOLEWOOO UAIAN AENEWAL NJnl -s """""' ST -114.6 URA 28 aeoe.11 1971~17-003 ENGl£WOOO URIAH RENEWAI.AUT)I 3442 8 ~ IT -SIi.i URA %7 42110.47 1171-M-S-17-022 ENCll..EW000 URIAN NNEWAI. • 3444 s """""' ST $8118721 $IS.II! URA • -n 11171~17-425 ENOLEWOOO, Cl1Y OF 3406 s 1/AOMJWAY Utt IO.Ol URA -11 1971~17-EN0LEW000 URIAN RENEWAL 0 NA NIA NIA 141,112 SIJ.112 URA 30 e28 1.14 11171,M,3,17-019 ENOI.EWOOO, Cl1YOF 3415 s 811.0>DWAY Se7""' SIS.II ICllv 31 811..,. 11171,M,3,17-014 ENOlEWOOO, Cl1Y OF 3441 s MONJWAY 157 ,1 .. ,. CIIV 12 ~ 2077.os.2..«>1 ENOLEWOOO, QTY OF 0 NA NIA NIA SO.OS CIIV 33 912183 2077--03,2,01-001 ENGl.£WOOO, CITY OF 140 w HAM'OEN AVE S0.03 CIIV 34 11177.74 2011--03,2.oo.ooe ENGl£WOOO CITY OF 0 NA NIA NIA I0.04 Cllv 38 3306.11 2077--03,2-0IM)Ot ENOLEWOOO, CITY OF 3526 s fl#IDN1NAY so.n Cllv 38 11280.43 2077.os-2-00-01 0 ENGl.£WOOO. Cl1Y OF 3521 s f/1/0NYNAY ""' so ... '""" 31 8247.N 2017--03,2-01~1 ENGl.£WOOO, CITY OF :1531 s 111/0NJWAY """' I0.05 ..... ---1• 2138.94 2077--0J.1-07-0%7 ENGl£WOOO UAIAN AENEWAL 0 NA NIA WA """ I0.1C URA ~ 11793.18 l'Xlff,0).1-0f-ENOLEWOOO UAIAN --.Ni\L WO s f//lllJN1NAY ....,. 10.00 URA 40 IOel.83 2077.0,.1-07-010 ENGl£WOOO UNIAH IIENEWAL -s tKJN/'NAY ""' I0.01 URA 41 7118.1:1 2017-0).1-07-030 ENGl£WOOO UAIIAN IU:NEWAL 0 NA NIA NIA """ I0,04 URA 42 AM.Cl 20T7-0).l-07-011 ENGl.£WOOO, Cl7Y OF 0 NA WA NIA "" '°·"' '""" 43 12493.114 Z077-0S-1 -G&0 10 ENCllEWOOO, CITY OF -s UNCOLN ST :n: I0.01 ICIIV 44 20828.ae 2017-03-1-25 ENOLEWOOO, CITY OF 203 E JEFnMON AVE ""' I0,01 '""" 45 12200.n 2077-0S-1-12-003 ENGl£WOOO CITY OF 0 NA WA NIA .,... I0.02 '""' 41 15411.71 2077-0S-1-1_1 ENGI.EW000 UNIAN RENEWAL Allnt M01 s LOGAN ST """' I0.02 UIIA 47 2912.24 2077-0).1-12"002 ENGl£WOOO INAN AENEWAL Al/nt 0 NA ,,., .. NIA """ I0.11 URA 45 11549,41 2017-0S-1-12-004 ENOLEWOOO, Cl1Y 01' 0 NA NIA NIA 1300 I0.03 ""' 48 20395.12 2077-0).1-lueCI ENOL!WOOO, CITYOI' 0 NA NIA NIA ..... I0.01 CIIV ao 111111.21 21177-0).1-1$407 ENGl£WOOO, CITY 01' 0 NA NIA WA ..... lrl.o: CIIW a1 281.97 2077-03-1-14GI INANIIENEWAL 0 NA NIA NIA """' 11.1a UIIA • 11121.n 2077-03-1 -14-00I ENOl£WOOO, Cl1Y OF 0 NA NIA NIA 1300 I0.05 '""' 11293.~ 2077-0).UXMl17 ENGLEWOOI' :JRIAN IIENEWAL 0 NA !/IA NIA 1300 I0,08 URA 7412.11 2077-03-1-13428 ENOLEWOOO. CIT'! OF 0 NA NIA NIA """' I0.04 ICIIW 55 7323.78 2011-0S.1-13'030 """' OWOO(), CITY OF 0 NA NIA NIA 1300 S0.04 """ .. 1326.32 2017-03-1-13-031 ENOI.EWOOO, CITY OF 3717 s CLAAKSON ST 1300 SQ.04 """ 1ST 27138.62 2017-4).1-0CMl18 ENOUWOOO, CITY OF ,m s QAAl<S0H ST l.3llll I0,01 """ • • • RESOLllTION NO. SERIES OF 2009 A RESOWTlON AlJTHORIZING THE TRANSFER OF OWNERSHIP OF V ARJOUS PARC ELS OF LAND FROM THE ENGLEWOOD URBAN RENEW AL AUTHORITY (EURA) TO THE crrv OF ENGLEWOOD. COLORADO. WHEREAS, the parcels involved in this transfer of ownership were acquired by the Englewood Urban Renewal Authority (EURA) in th. I 980's in funhcrance or the Urban Renewal Plan; and WHEREAS. the parcels arc rcmnanlS of larger pascels acquired for redevelopment. drainage improvcmeots, parking and road way improvements: and WHEREAS, the City has been mainiaining the parcels for several years and has already absorbed the costs of maintenance of such parcels: and WHEREAS. the EURA recommcodcd rthc ownership of the parcels described on a nae bed Exhibit A, be transferred 10 City of Englewood, Col01'11do with the passage of Resolution No. 02. Series of 2008, dated July 9, 2008; and WHEREAS. the Englewood Parks and Recreation Commission recommended the City accept ownership of the parcels described on anached Exhibit A, at their regular meeting on November 4, 2008; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: ~. The City Council of the City of Englewood hereby authorizes and acccpls the transfer or ownership for the parcels as described on anachcd Exhibit A hcrcto, from the Englewood Urban Renewal Authority to the City of Englewood, Colorado. ADOPTEn AND APPROVED this s• day ofScp1crnbcr. 2009. ATTEST: James K. Woodward. Mayor Loucrishia A. Ellis. City Clerk I. Loucri1~a A. Ellis. City Clerk for the City of Englewood, Colorado. hereby cer1ify the above is a true copy of Resolution No._, Series of2009 . Loucrisbia A. Ellis. City Clerk • • • Re so lution No. 2 Seri es of 2008 Englewood, Colorado Urban Renewal Authority A RESOLUTION OF THE ENGLEWOOD URBAN REN EWAL AUTHORITY AUTHOR IZING THE EXECUTIVE D IRECTOR TO EXECUTE THE DOCUMENTS REQU IRED TO TRAN SFER PARCELS OF EURA OWNED LAND TO THE CITY OF ENG LEWOOD FOR PUBLIC PURPOSES INCLUDING BUT N OT LIMITED TO DRAINAGE, STREETS AND PARKING . WHEREAS The Englewood Urban Renewal Authority ("EURA") owns certain real property listed below by Arapahoe County Assessor PPI number; and, WHEREAS the subject properties are adj acen t to public property and function as part of public drainage ways, str ee ts and parking and; EURA; WHEREAS the subject proper ties are not suitable for development; and, WHEREAS The City of Eng lewood has historically main tained the properties; and, WHEREAS The City of Englewood may accept the transfer of the properties from the Little Dry Creek Parcels 2077-03· 1-00·0 17 207].0~+07·009 2077-03·1•07-010 2077-03·1·07·027 2077-03· 1 ·07-030 2077-03• 1 · 12-001 2077-03-1-12-002 2077-03•1-14-028 S1ree1s and parking 1971 •34·3·19·024 1971•34·3·19-031 1971 •34·3·20-022 Floyd Ave and Parlong 1971•34•4·00·004 Resolution No. 2 Series of 2008 Page 2 of 2 NOW THEREFORE, BE IT RESOLVED by the Englewood Urban Renewal Authority that the Executive Di rector of the EURA is herebv authorized to execute the documents required to transfer the designated EUR,\ properties to the City of Englewood for public use. ADOPTED AND APPROVED this 9th day of July, 2008. Alan C. White, Executive Director Motion by Bertoluzzi Second by Burns ~==--------James Weeks, EURA Chair ' Voting In Favor: ~oth, Burns, Gallardo, Rogers, Weeks, Bertoluzzi Vo ting in Opposition: None Members Abstaining: Non e Members Absent: Weddle H \G,oup\8()AAOS\UR ,\R....,llcw\R.,oludon 10 u,mler p,o;,e,tlts 10 COE 051901 doc • • • Cllyof ~ ColorHo 8118/2009 UAA _, Clty-0,,mffl rrope,t/9 Loc,,ltd In Downlolm En,,_,,.,_, ,Joni 1.111k Dty ONk MN'NO,AIID PPI OWND -DIR l'TIIAIIE TYP AIIVAL VMFD CUl8 1 4641.44 1071,34-4,00,037 ENOl.£W000, CITY Of 3441 s IMJN:NIAY 181~ $14.M Cllv 2 31148.87 1811.-S EH0l.EW000, Ct1Y Of 0 NA WA WA sse-118.71 Cllv 3 4829.94 1811-34-4«>-029 EHOL£WOOO, CITY Of 23 E tw.l'D£N AVE '70,a $100 Cllv ' nn.• 1871~ ENGlEWOOO, CITY Of 31 E -AVE $127:'t.'II $14.53 Cllv 5 3362.M 1871,34-4,00,03 1 ENOLEWOOO, Ct1Y Of 35 E HAMPDEN AVE 1111 -131 118.32 """ e 1"'2t.24 1811-34-4-()0.411 ENOI.EWOOO, CITY Of 0 NA NIA NIA $308,""" 119.83 Cllv 1 15925.91 1871-34-4-()0.413 ENOI.EWOOO, Ct1Y Of 0 NA NIA NIA $88,300 111.05 """ • lllm.83 1811-34-4-23-018 ENOI.EWOOO CITY Of 0 NA NIA NIA 1150,tea $18.70 """ g 1248.12 1871-34-4--ENOI.EWOOO CITY Of 3400 s UNCOI.N ST 1141,564 119.17 CIN 10 7575.115 1871-34-4--7 ENOLEWOOO CITY Of 129 E OIAAAD AVE 1115.043 115.11 """ II 7185.12 1811-34-4-24-00II ENOLEWOOO, CITYOf 1211 E OI AAAD AVE J123,113 118.02 """ 12 n ,1.11 1871-34-4-24-007 EH0l.EW000. CITY Of 125 E OIAAAO AVE 1123.11! 115 .... Cllv 13 3571'.01 1811-34-4,2,l.0 10 ENCll.EWOOO CITY Of SSIIO s UNC0lN ST 15eU7& $15.7" """ 14 MZU4 1171~ ENlll.fWOOO, CITY Of 0 NA NIA NIA 1148.121 11uo """ 15 fllln.63 1'71--EH0l.EW000 . CITY Of 0 NA NIA NIA 13,524 ..,,.. ,_ ,, --1071-.«MI04 ENGLIW000 UNAN RENEWAi. 3300 s l/lfJIONINAY ,..,., ., .. UIIA 17 IIIS0.80 1m.-EHQUWOOO cnYOf 0 NA NIA NIA ,..,., SO.GIi ,_ 11 111MA7 1'71--ENOlEW000 UNAN R£HEWAI. 0 NA NIA NIA 11112,Y< 11, .. UIIA 1t 1364.05 1'71~ ENGl.EWOOO UAINI AEHEWAI. 0 NA ,..,. NIA --'°·"' ,_ 20 11'114.11 1071~1-1 ENGLIW000 UAINI MN!WAI. 0 NA MA NIA .. _ 90,M , ... 21 m,., 1'71~1-ENGLIW000 UNINf R£HEWAL 331111 s 8ANt!OOK ST ..... 90.CN , ... 22 11122.11 1'71~ ENGLIW000 CITY Of 0 NA NIA NIA $300 S0,03 ,.,., 23• o41114,41 1871~11.Q23 EHOL£WOOO CITY Of 50 w GlfWUl AVE $300 90,01 UIIA 2A 20M2.01 1f71-3W-17-G24 EHOL£WOOO UNIAN RENEWAi. :IO w GlfWUl AVE "24,10I $15 •• UIIA 211 ""·., 1'71,34,3.17-4I02 ENOllW000 UNINf IIIENEWAI.Almi 3434 s -8T ••• 114.14 UIIA 29 -.11 1'71-34-3-1 I-G03 ENOlEW000 UNINf RENEWAi. Al.mi 3-142 8 -ST ..... &18.11 UIIA 21 42110.41 1111~17-022 EHGUWOOO UAIAN IIINEWAI. • -8 -sr -■,121 I IUI UIIA -480M7 1111-34-3-17.Q25 ENOl.lWOOOCITY Of -s l/lfJIONINAY ...,., $0.01 UIIA -.11 lf71-34-3-17.Q21 ENOlEWOOO UAIAN RENEWAi. 0 NA WA NIA ... ,1 ..... UIIA 30 1291.14 1'71-34-3-17-011 EHGUW000 Ct1Y 0f sm s l/lfJIONINAY 1'7-'11111 SI U ,.. 31 811UI 1'71-34-3-17-014 ENOLlWOOO, CITY 0f -8 l/lfJIONINAY 117.111111 11'-" .. SI 1111.21 2077,0),2-EHClllWOOO, CITY Of 0 NA WA NIA :!Ill SO.a .. S3 N2U3 2077,0),2-01 .001 ENOl.lWOOO CITYOf 140 w -N AVE ... 90.03 .. 34 wn.1, 2077.()).2,00,00I ENOl.lWOOO CITY Of 0 NA WA NIA n so ... ""' 35 S308.11 20n ,0),2,00,001 ENGLlWOOO CITY Of 3525 s MOIIINAY $300 I0.08 """ II 3210.-13 zon.()).2.00-010 ENGlEWOOO, CITY Of 35211 s M/JN1WAY l300 $0,0 ""' a7 12,1.11 2077-0,.2.()1,021 ENOI.EWOOO CITY Of 3531 s MONIWAY l300 $0.05 CIIV II :mll,114 2077-0S-1.07-021 ENOllW000 UAIIAN RENEWAi. 0 NA WA NIA S300 so.to URA 311 em.1e 2077-03-1.07-008 ENOI.EWOOOURIAH,a,..wAL -S · f#ION1WAY 3111 '°·°' URA '° 1081.83 2077.(13. 1-07-010 ENOl.EW000 URIAH RENEWAL -s lllfJNiNAY """ $0.0I URA ,1 711U2 207741-01-0:IO ENOl.EW000 UNAN !'IENEWAI. 0 NA NIA WA. "" .,, .. LIRA 42 MIi.Oii 20n-os-1.01.011 ENOl.EWOOO. CITY Of 0 NA WA. WA. D 90.05 ""' -13 32483.M i"'77.QS.1.()l.()10 ENOl.EWOOO, CITY Of -s IJIIC0UI ST D so.o, ""' " .......... 20n-03-1.o1425 EHOl.£W000, Ct1Y Of 2D3 E JEfRftS0H AVE "° $0.01 ""' 4t 12200,13 2077-0,.1.12,003 ENCUW000, Ct1Y Of 0 NA. NIA NIA. "" $0.lll ""' ... 154el.71 2077-0S-MUOI ENCUW000 URIAH RENEWAL Al.mi 311)1 s LOON! ST "" SO.it URA 41 281 2.2, 2017-0S-M2-0a2 ENCUW000 URIAH IIIENEWAL Mini 0 NA NIA NIA ""' $0.11 URA 4t 11549.41 20n-OS-M 2-004 ENCUW000 CITY Of 0 NA. NIA NIA l300 $0.M ....., <141 203M.12 2017-0S-M:M>tlO ENCUW000 Ct1Y 0, 0 NA NIA NIA S300 $0.01 CII\I IIO 11150.21 2077.QS.MS,007 ENCUW000 CITY0f 0 NA. NIA. NIA Ull $0.02 """ 51 291.t'. 2077~1-14421 !NClllWOOO URBA.N RENEWAL 0 NA WA NIA. Ull 11:1& URA ti 11121.12 20n-o,.1.14-00e ENOLEW000 CITY OF 0 NA NIA NIA. 11.3()( I0.05 ,all/ 112a143 2077-0,.1.00.017 ENCUW000URIINIA£NEWAL 0 NA NIA NIA. S300 90,oe URA 74t2.II 20n-OS-M34211 ENOLEWOOO CITY Of 0 NA NIA NIA ""' I0.04 """ 115 ma.n 20n-o,.1-1)430 CITYOF 0 NA NIA WA """ I0.04 """ " 8328.32 2077-03-1-13-031 ENOI.EW000 Ct1Y Of ,111 s ClAAKSON ST 30( 90.04 iClh, IS7 27138.52 20n-os-1.00.01, £NOLEW000, Ct1Y Of 3117 s aAAl<SON ST ,w $0.01 ,,.,,., Otyof~ ColotNO URA and City-Own«/ ~ locafftl In Downtown En8kwood and .1on, Little Dty Crttlr LEGEND CJ~~ -City-Owned Proper11e1 Oc«mbe< 200& 0 ---,._ • • • PARCEL NO. 16 PP I # 1971 -34-4--00--004 ALL OF THAT REAL PROPERTY CONVEYED IN THE DEED RECORDED IN BOOK 4674 AT PAGE 525, COUNTY OF ARAPAHOE COUNTY, STA TE OF COLORADO, DESCRJBED AS FOLLOWS : THATPARTOFTHESW 1/4 OFTIIESE l /4OFSECTION 34, TOWNSHIP 4 SOUTH , RANGE 68 WEST OF THE 6TH P.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 30 FEET SOUTH OF THE INTERSECTION OF THE EAST LINE OF SOUTH BROADWAY ANO THE NORTH LINE OF THE SW ¼ OF THE SE¼ OF SECTION 34, TOWNSHtP 4 SOUTH, RANGE 68 WEST; THENCE EAST 140 FEET; TIIBNCE SOUTH 125 FEET; THENCE WEST 140 FEET TO THE EAST LINE OF SOUTH BROADWAY; THENC!! NORTII 125 FEET TO POINT OF BEGINNING; EXCEPT THE EASTERLY 15 FEET lllEREOF PARCEL NO. 19 PPI # 1971-34-J.20-022 A PORTION OF TiiAT REAL PROPERTY CONVEYED IN rnE DEED RECORDED IN BOOK 43 I 6 AT PAGE 731, COUNTY OF ARAPAHOE COUNTY, ST A TE OF COLORADO, DESCRIBED AS FOLLOWS : A PARCEL OF LA.ND SITIJA TED IN THE SOUTIIEAST QUARTER OF THE SOUIBWEST QUARTER OF SECTI lN 34, TOWNSHIP 4 sourn, RANGE 68 WEST OF THE socrn PRINCIPAL fl IERIDIAN , ARAPAHOE COUNTY, COLORADO, SAID PARCEL BEING A PORTION OF LOTS I, 2, AND 3, BLOCK 2 OF MCKINLEY'S SUBDMSION, 2ND FllJNG, A RECORDED SUBDMSION IN THE omcIAL RECORDS OF SAID COUNTY AND A PORTION OF VACATED SOU'JH CHEROKEE CIRCLE AS SHOWN ON SAID SUBDIVISION PLAT, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT 111B INTERSECTION OF THE WEST RIGHT-OF-WAY (R.0. W.) LINB OF sourn CHEROKEE STREET AND THE NORTH R.O.W. LINE OF WEST HAMPDEN PLACE; rnENCE N 89°50'22" w, ALONG SAID NORTH R.O.W. LINE. 73.00 FBBT; rnENCE N 45°00'00" E, 30.07 FEET TO A NON-TANGENT POINT OF CURVATURE; THENCE NORlliERL YA DISTANCE OF 160,06 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, SAID CURVE HA VINO A RADIUS OF 613.00 FEET, A CENTRAL ANGLE OF 14°57'39", AND WHOSE CHORD BEARS N 08°38'00" B, 159.61 FEET TO A POINT OF COMPOUND CURVATURE; rnENCE CONTINUlNG NORTHERLY A DISTANCE OF 40.12 FEET ALOl-h. THE ARC OF A CURVE TO TIIE RIGHT SAfD CURVE HA VINO A RADms m 33 I .so FEET, A CENTRAL ANGLE OF 06°56'C~". AND WHOSE CHORD BEARS N 19034'50" E, 40.09 FEET TO A MINT ON THE CENTER LINE OF SAID VACATED sourn CHEROKEE CIRCLE; rnENCE S 89°50'22" B, ALONG SAID CENTERLINE, 14.Sl FEET TO A POINT ON SAID WEST R..O. W. LINE OF SOUTH CHEROKEE STREET; THENCE S 00°02'38" W, ALONG SAID WEST R.O.W., 217.00 FEET TO THE POINT OF BEGINNING, CONTAINING 8993 SQUARE FEET, MORE OF LESS . • • • • • • PARCEL NO. 20 PPI # 1971-34-3-19--031 A PORTION OF THAT REAL PROPERTY CONVEYED IN THE DEED RECORDED IN BOOK4316 AT PAGE 731 , COUNTY OF ARAPAHOE COUNTY, STATE OF COLORADO, DESCRIBED AS FOLLOWS : A PARCEL OF LAND SITIJATED IN 11-1.E SOUTHEAST QUARTER OF THE SOUTifWEST QUARTER OF SECTION 34, TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXlli PRINCIPAL MERIDIAN, ARAPAHOE COUNTY, COLORADO, SAID PARCEL BEING A !PORTION OF LOTS I THROUGH 5, INCLUSIVE, BLOCK I OF MCKINLEY'S SUBDIVISION, A RECORDED SUBDIVISION IN THE OFFICIAL RECORDS OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1, THENCE S 70°52 '52"E, ALONG THE NORTH LINEOF SAID LOT I, 123.31 FEET TOA NON-TANGENT POINT OF CURVA TI/RE; THENCE SOlffiJWESTERLY A DISTANCE OF 167.74 FEET ALONG THE ARC OF A CUR~ TO THE LEFT, SAID CURVE HA VINO A RADIUS OF 231 .50 FEET, A CEN'raAL ANGLE OF 41 °30'5T', AND WHOSE CHORD BEARS S 36°52' 19" W, 164.10 FEET TO A POINT OF COMPOUND CURVATIJRE; THENCE CONTINUING SOUTIIWESTERL Y A DISTANCE OF I 00.0fi FEET ALONG THE ARC OF A CURVE TO THE LEFT, SAID CUR VE HA VINO A RADIUS OF 513.00 FEET, A CENTRAL ANGLE OF 11°10'3 1", AND WHOSE CHORD BEARS S 10°31 '35"W, 99.90 FEET TO THE EAST RIGHT OF WAY (R.O.W.} LINE OF SO. CHEROKEE STREET; THENCE N 00°02'38 " E, ALONG SAID EAST R.O.W. UNE OF SO. CHEROKEE ST. AND THE WESTERLY LINE OF SAID LOTS I THROUGH 5, 269.88 FEET TO TI-IE POINT OF BEGINNING, CONTAINING 10,271 SQUARE FEET, MORE OF LESS . PARCEL N0 .21 PP !# 1971-34-3-19-024 ALL OF THAT REAL PROPERTY CONVEYED IN THE DEED RECORDED IN BOOK 5767 AT PAGE 622, COUNTY OF ARA PAHOE COUNTY, STA TE OF COLORADO, DESCRIBED AS FOLLOWS: THESOUTil 12.5 FEET OFLOT 4 AND ALL OF LOT 5, BLOCK I, FLOOD'S ADDffiON TO ENGLEWOOD • • • • • • PARCEL NO. 38 PPI # 2077-03-1-07-027 A PORTION OF TI-IA T REAL PROPERTY CONVEYED IN THE DEED RECORDED IN BOOK 4514 AT PAGE 608, COUNTY OF ARAPAHOE COUNTY, ST A TE OF COLORADO, DESCRJBED AS FOLLOWS: A PORTION OF LOTS 10 AND l l, BLOCK l , BlRCH'S ADDITION TO SOUTH BROADWAY HEJGHTS, ARAPAHOE COUNTY, COLORADO DESCRIBED AS FOLLOWS : BEGINNING AT THE SOUTHWEST CORNER OF LOT 11 ; THENCE NORTH ALONG THE WEST LINE OF LOTS IO AND 11 , 33 FEET TO A POINT 8 FEET NORTH OF THE NORTHWEST CORNER OF LOT 11 ; THENCE EAST 64.S FEET PARALLEL TO THE SOtmi LINE OF LOT 10; THENCE SOUTHEASTER!. Y 60.3 FEET MORE OF LESS TO A POINT ON THE SOUTH LINE OF LOT 11 WHICH LIES IO FEET WEST OF THE SOUTHEAST CORNER OF LOT 11 ; THENCE WEST ALONG THE SOUTH LINE OP LOT I l, 11 S PEET TO THE POINT OF BEGINNING PARCEL NO. 39 PPI 112077--0J-1-07-009 AL L OF THAT REAL PROPERTY CONVEYED IN TIIE DEED RECORDED IN BOOK 4094 AT PAGE 46, COUNTY OF ARAPAHOE COUNIT, STA TE OF COLORADO , DESCRIBED AS FOLLOWS : LOTS 12, 13 AND 14, BLOCK 1, BIRCH 'S ADDITION TO sourn BROADWAY HEIGHTS , EXCEPT THAT PORTION DESCRIBED IN INSTRUMENT RECORDED IN BOOK 375 AT PAGE 48 , ACCORDING TO THE RECORDED PLAT TI-IEREOF, COUNTY OF ARAPAHOE, STATE OF COLORADO • • • • • • PARCEL NO. 40 PPI # 2077-03-1-07-0 10 A PORTION OF 'lliA T REAL PROPERTY CONVEYED IN TIIE DEED RECORDED IN BOOK 4514 AT PAGE608 , COUNTY OF ARAPAHOE COUNTY, STATE OF COLORADO, DESCRIBED AS FOLLOWS : LOT IS AND 16, BLOCK I, BIRCH 'S ADDffiON TO SO i lTH BROADWAY HEIGHTS , ACCORDING TO THE RECORDED PLAT TI!!-'IBOF, COUNTY OF ARAPAHOE, ST A TE OF COLORADO PARCEL NO. 41 PPI # 2077-03-1-07.030 A PORTION OF THAT REAL PROPERTY CONVEYED IN 11-IE DEED RECORDED IN BOOK4514 AT PAGE 608 , COUNTY OF ARAPAHOE COUNTY, STATE OF COLORADO, DESCRIBED AS FOLLOWS: ALL OF LOTS 35 AND PORTIONS OF LOTS 36, 37, 38, AND 39,BLOCK I, BIRCH'S ADDITION TO SOUTH BROADWAY HEIGHTS, ARAPAHOE COUNTY COLORADO, DESCRIBED AS FOLLOWS: BEGINNING AT TIIE SOUTHEAST CORNER OF SAID LOT 36; TiiENCE WEST ALONG TIIE SOUTH LINE OF LOT 36, 125 .0 FEET TO TIIE SOUTIIWEST CORNER OF LOT 36; THENCE NORTH ALONG THE WEST LINES OF LOT 36, 37, 38 AND 39. 83 FEET TO A POINT 8 FEET NORTII OF ll-lE SOUTHWEST CORNER OF LOT 39; lll'ENCE SOUTHEASTERLY 139.1 FEET MORE OF LESS TO A POINT ON ll-lE WEST LINE OF LOT 36 WHICH LIES 3 FEET SOUTil OF THE NORTIIEAST CORNER OF SAID LOT 36; ll-lENCE SOUTii 22 FEET TO ll-lE POINT OF BEGINNING • • • • • • PARCEL NO. 46 PPI # 2077--03-1-12--00I A PORTION OF TiiAT REAL PROPERTY CONVEYED IN TiiE DEED RECORDED IN BOOK 3908 AT PAGE 240, COUNTY OF ARAPAHOE COUNTY , ST A TE OF COLORADO, DESCRIBED AS FOLLOWS : ALL OF LOTS 2, 4, 5, AND 6, BLOCK I, A.W. HINER'S SUBDTV lSI ON, EXCEPT FOR THOSE PORTIONS CONVEYED BY DEED RECORDED DECEMBER I , 1952 IN BOOK 782 ATPAOE 535 AND BYDEEDRECORDEDOCTOBER24, 195 6 IN BOOK 991 AT PAGE 151, TOGETIIER WITH THE VACATED ALLEY ADJOINING llffiRETO, COUNTY OF ARAPAHOE, STA TE OF COLORADO PARCEL NO. 47 PPI # 2077-03-1 -12-002 A PORTION OF THAT REAL PROPERTY CONVEYED IN THE DEED RECORDED IN BOOK 3908 AT PAGE 240, COUNTY OF ARAP(\HOE COUNTY, STATE OF CO LORADO, DESCRIBED AS FOLLOWS: A CERTAIN TRACT OR PARCEL OF LAND lN PLOTS "A" AND ''B" AND THE VACATED ALLEY, IN BLOCK I, A.W. HINER 'S SUBDJVJSION IN ENGLEWOOD, ARAPAHOE COUNTY, COLORADO, MORE PARTlCULARL Y DESCRIBED AS : BEGINNING AT THE SOUTHEAST CORNER OF LOT6, BLOCK I, A. W. HINER 'S SUBDIVISION; RUNNING THENCE NOKTIIWESTERL v ALONG THE SOUTHWESTERLY LINE OF LOTS 6 AND 2, EXTENDED THRO-JOH AND ACROSS THE VACA TED ALLEY IN SAID BLOCK I, TO A POINT ON A LINE WHICH JS 30 FEET SOUTH OF AND PARALLEL TO THE NORlll LINE OF SAID LOT 2; RUNNING THENCE WESTERLY ON A LINE WHICH IS 30.0 FEET SOUTH OF AND PARALLEL TO THE NORlll LINE OF SAID LOT 2, TO A POINT ON A LINE • WHICH IS 12.0 FEET SOUTHWESTERLY FROM AND PARALLEL TO THE FIRST • DESCRIBED COURSE; RUNNING THENCE SOUTHEASTERLY ALONG A LINE WHICH IS 12.0 FEET SOUTHWESTERLY FROM AND PARALLEL TO THE FIRST DESCRIBED COURSE, TO A POINT ON THE EAST LINE OF BLOCK I; RUNNING THENCE NORTHERLY ALONG THE EAST LINE OF BLOCK I, TO THE POINT OF BEGINNING; CONTAINING 0.082 ACRES, MORE OF LESS, COUNTY OF ARAPAHOE. STATE OF COLORADO • • • • PARCE L NO. 51 PPI # 2077-03-1-1'-028 ALL OF IBA T REAL PROPERTY CONVEYED IN THE DEED RECORDED IN BOOK 4935 AT PAGE 768 , COUNTY OF ARAPAHOE COUNTY, STA TE OF COLORADO, DESCRIBED AS FOLLOWS : PORTIONS OF LOTS 21 AND 22, BLOCK 7, HlGGll'IS ENGLEWOOD GARDENS, ARAPAHOE COUNTY, COLORADO TlF.SCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WE:, T LJNE OF LOT 22 WJilCH LIES 5 FEET sourn OF THE NORTHWEST CORNFR OP LOT 22; THENCE NORTH 16 FEET TO A POINT ON TIIE WEST LINE OF LOT 21; THENCE SOUTH 48 DEGREE~ 31J Mt'NUTES EAST, 39.19 FEET TO A POJNT ON THE SOUTHERL y LINE OF nru PROPERTY IN WHICH THIS ACQUJSmON LIES; THENCE NORTHWESTERLY 31 FEET ALONG SAID SOUTIIBRL Y LINE TO THE POINT QP BEGINNING PARCEL NO. 53 PPI # 2077.03-1-00.017 ALL OF THAT REAL PROPERTY CONVEYED IN THE DEED RECORDED IN BOOK 4935 AT PAOE 776, COUNTY OF ARAPAHOE COUNTY, ST A TE OF COLORADO, DESCRIBED AS FOLLOWS: A PARCEL LOCATED IN THES l/2OFTHENE 1/4 OF SECTION 3, TOWNS HIP 5 SOlITH, RANOE 68 WEST OF THE 6nr P.M., ARAPAHOE COUNTY, COLORADO, DESCRIBED AS FOLLOWS: BEOINNINO AT A POINT OF THE NC• • n-1 LINE OF SAIDS 1/2 NE 1/4 THAT LIES WEST204.21 FEET FROM THF ·•1RTHEASTCORNER OFSAID S 1/2 NE 114; THENCE SOlITH O DEGREES 56 MiNUTES EAST, 68.83 FEET TO A POINT ON THE SOIJTHERL Y PRvPERTY LIN!·: THENCE NOR Tii 66 DEGREES I 5 MJNu; ES WEST, 152.0 FEET TO THE SOlITHWEST CORNER; THENCE NORTH 7.6 FEET TO THE NORTHWEST CORNER; THENCE EAST ALONG SAID NORTii LINE, 138.0 FEET TO THE POINT OF BEGINNING • • •