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Home My WebLink About2007-05-21 (Regular) Meeting Agenda Packet. 1. 2. 3. 4. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL Monday, May 21, 2007 7:30 p.m. Englewood Civic Center -Council Chambers 1 000 Englewood Parkway Englewood, CO 80110 Call t.o or~er. '7:i(} ~ Invocation.~ Pledge of Allegiance. ~ Roll Call. !ltJ. 7 ~ 5. Consideration of Minutes of Pre vious Session. 4BPc/ 1J ?--{J.. Minutes from the Regular City Council meeting of May 7, 200 7. ~ ~ taettEttToA.) -HUJ,t,.!;).. ~U../'~A/JII ti IJ~ /,J... , , .~ "'A' '--"fJ&,~Q tM/14 t;;eA!JI{ . '1i10Ut.,,V ~O • , • "0~1;. i;1,,-. UZtJ ,414/IIY OAI A t.-E.A6>1 · '' · 6. Recognition of Scheduled Public Comment. (Please limit your presentation to ten minutes.) Kirsten Litchfield and Krista Niederjohn will be present to address Council. ~-ft.El(}( ~White w ill speak on the mural at Headed West. Elaine Hults w~esent to speak on the Art ~_!iuttle and other m atters. ~ WA-5 JJPr P~~' 7. Recognition of Unschedu led Public Comment. (Please limit your presentation to five minutes. Time for unscheduled public comment may be limited to 45 minutes and if limited shall be continued to General Discussion .) . (a) Michael Allard -Headed West mural (d) Luke Butzen -Headed West mural (b) Robin Munro -Headed West mural (e) Annette Vanasse -Headed West mural \c) Long Peng-inte rested in starting up a bus iness (f) Ray Straka -Headed West mural 8. Communications, Proclamations, and Appoin tments . ~· b. tffJ 'l-D Letter from Pamala Sampson announcing her resignation from the Keep Englewood Beautiful commission . ~ Proclamation supporting the 30th Annual Rocky Mountain Senior Games Week, which will be h Id in Gr el y, Colorado June 3 through 10, 2007 ~ Englewood City Council Agenda May 21 , 2007 Page 2 Proclamation supporting Global Days for Darfur.~ 9. Consent Agenda Items. a. App$" of Ordinances on First Reading . /Jnb c/ ?-Ob. Approval of Ordinances on ;f-'J)l/J:!g"tJ~ I A.6J!iJ/J) fri/ll~ 96--I~ V ~·. v [r't" /nd /J. /J/_i. Council Bill No. 24, auth~rfzfni~n"' amendment to the 1990 Big Dry Creek ,-.re. I "t II u t-a tr rrp Interceptor Agreement regarding fees. ii. /Y2tl It )/7 {ltd, II ;it' iii. V. vi. Council Bill No. 28, approving and authorizing the execution of three Intergovernmental Subgrantee Agreements between the Arapahoe Board of County Commissioners and the City of Englewood for the 2007 Arapahoe County Community Development Block Grant Program. Council Bill No. 29, authorizing an Intergovernmental Agreement between Arapahoe Community College for the Area Career and Technical School and the City of Englewood pertaining to the building of a single family residence in the 2400 block of South Zuni Street in Englewood during the 2007 /2008 school year. Council Bill No. 32, approving an Intergovernmental Agreement for a Mutual Aid/Automatic Aid A'greement between South Metro Fire Rescue and the City of Englewood. Council Bill No. 33, approving an Intergovernmental Agreement for a Mutual Aid/ Automatic Aid Agreement between the City of Littleton and the City of Englewood. Council Bill No. 34, approving an Intergovernmental Agreement for a Mutual Aid/Automatic Aid Agreement between the City of Sheridan and the City of Englewood. c. Resolutions and Motions. ii. Recommendation from the Englewood Public Library to approve a Resolution authorizing implementation of the Library 's "Summer Food for Fines " program from Tuesday, May 29 through Sunday, June .10, 2007. STAFF SOURCE: Hank Long, Director of Library Services . Recommendation from the Information Technology Department to approve, by Motion, a services agreement between Affinity Telecom, Inc. of Boulder, Colorado .. and the City of Englewood for the provision of local and long distan ce services for elect City tele ommunication circuits. STAFF SOURCE: Don Ingle, Information Technology Director. Englewood City Council Agenda May 21, 2007 Page 3 10. Public ~ Items. (No Public Hearing Scheduled). 11 . Ordinances, Resolutions and Motions. a. Approval of Ordinances on First Reading. i. ii. Council Bill No. 35 -Recommendation from the Community Development Department to adopt a Bill for an Ordinance approving the proposed amendment to 16-6-13 .E.1 7 of the Englewood Municipal Code allowing City approved districts to install banners on South Broadway streetlights. Staff also requests that Council schedule a Public Hearin on une 4 20 o take public comment on the propose amen ment. TAJ:.tSOURCE: Darren Hollingsworth, Economic Development Coordinator. tfl1Ll4JO ~?-f) Council Bill No. 36 -Recommendation from the Community Development Department to adopt a Bill for an Ordinance authorizing an Intergovernmental Grant Agreement between Arapahoe County and the City of Englewood for the purpose of purchasing the Oxbow property in Littleton and Englewood for open space, recreation, w ildl ife ~a.bitat, 1nd wate~ quality uses . STAFF SOURCE: Mark Graham, Senior Planner.~ iii. C o un ci l Bill No. 37 -Rec ommendat ion from the Finan ce rv l Administrati v e Services Department to adopt a Bill for an Ordinanc '-' deleti 1 Ti tle 6, Chapter 1, Se ction 8 , Smoking, as State Statutes ha ve been enacted th at supersede current Code provisions . STAFF SOURCE: Frank Gryglewicz, Director of Finance and Administrative Services. ~ b. Approval of Ordinan ces o n Se cond Reading. Cou nci l Bill N o. 25, app'?:~n_g A~en~meAnt N o. 6 to the Swe di sh M edi c al Center Pl ann ed D eve lop ment.~ W,~J--i. ~f'J-0 Jt1 J u_, 13 ii. Council Bill No. 30, decla ring the 960 acre farm land parce l in Arapah~ou_n~ as_ t/ ~ ff ~ Q-'{) City of Englewood surplus and authorizing the sale of this property. {/~ ~ d lJ ~ iii . Council Bill No. 31 , approving the refunding of the Multifamily Housing Revenue (}) r~t/ . Refunding Bonds (Marks Apartments) Series of 1996 by issuing Variable Rate /Ja,tJ tJ fJ-[) Demand Multifamily Housing Re enue Refunding Bonds (Marks West Apartments) vfr Series of 2007. ~ c. Resolutions and Motions. ---~ Recommendation from Finance and Administrative Services Department to approve a Resolution transferring funds in the Open Space Fund from the Mary Carter Greenway/Buffer Project to the Oxbow Property Purchase Proje c t. STAFF SOURCE: Frank Gryglewicz, Director of Finance an d Administrative Services.~ Pl Englewood City Council Agenda May 21, 2007 Page 4 ii. iii. Recommendation from the Community Development Department to approve a Motjog establishing June 16, 2007 and September 8, 2007 as the dates for this year's citywide public sidewalk events . STAFF SOURCE: Darren Hollingsworth, Economic Development Coordinator. ~ Recommendation from the Community Development Department to approve, by Motion, a Grant Agreement to Micro Business Development for a Micro !J;.>_an a_nd. Guarantee Pool. STAFF SOURCE: Darren Hollingsworth, Economic c:::T>tl,,IJlt) Development Coordinator. 12. General Discussion. ~ IJlf.b J:Ot.. LAt;t-t>/: A-~I -~ . \ tr-'h:/J,u ~.IA-/:/-pkJ //e,.i;/ aurtt-A-Al~W tfmJlfJUJ/lfY IE-litu""J.A.Jr IJ/eN.itJI... JS. a. Mayor's Choice. b. Council Members' Choice. 13. City Manager's Report. 14. City Attorney's Report. 15 . Adjournment.~: 6~ JAi Pt,...MJL [Regarding the Headed West mural] a,pdfJ-O l))etJl)t4//rl!IJ MO~ 7'!) A-fl.M//lz-111€,. 1/v;!! felJ.,sreA-nbJJf~ ~ IYJel,Af,U A) ~ ())U}[) W ~/J TO Affµ)./) 1Ht... l/NL-MIJ FUf;J) U.. I A) ~Al~S r)IUMG.- • PUBLIC COMMENT ROSTER AGENDA ITEM 7 UNSCHEDULED P-UBLIC COMMENT DATE: May 21, 2007 PlEASE LIMIT YOUR PRESENTATION TO FIVE MINUTES PLEASE PRINT ADDRESS The TV{ur~/ f. 1 . Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD,ARAPAHOECOUNTY,COLORADO Regular Session May 7, 2007 II The regular meeting of the Englewood City Council was called to order by Mayor Wolosyn at 7:36 p.m . 2 . Invocation The invocation was given by Council Member Barrentine. 3. Pledge of Allegiance The Pledge of Allegiance was led by Mayor Wolosyn . 4. Roll Call Present: Absent: A quorum was present. Council Members Tomasso, Moore, Barrentine, Oakley, Mccaslin, Woodward, Wolosyn None Also present: City Manager Sears City Attorney Brotzman Deputy City Manager Flaherty City Clerk Ellis Deputy City Clerk Bush Director Olson, Safety Services Director Gryglewicz, Finance and Administrative Services Director Black, Parks and Recreation Director Fonda, Utilities Operations Division Manager Tallent, Wastewater Treatment Plant Senior Project Engineer VanNostrand, Wastewater Treatment Plant Director Kahm, Public Works Senior Planner Langon, Community Development Housing Finance Specialist Grimmett, Community Development Planner Bell, Community Development Engineering/Capital Projects Administrator Henderson, Public Works Administrat ion Manager Bock, Utilities Fire Division Chief Pattarozzi , Safety Services Police Officer Vogel, Safety Services 5 . Consideration of Minutes of Previous Session (a) COUNCIL MEMBER TOMASSO MOVED , ANO IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF APRIL 16, 2007 . Mayor Wolosyn asked if there was any discussion . There was none . Vote results: Ayes : Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward , Englewood City Council May 7, 2007 Page 2 Tomasso, Oakley Nays : None Motion carried . 6 . Recognition of Scheduled Public Comment (a) Assistant Manager Mike Busch from the new Starbucks at 4298 South Broadway (at Quincy) was scheduled to address City Council. He was not present. (b) Brett Ginther from the new Subway at 4696 South Broadway was present to address City Council. He said we have just completed a major expansion and remodel of our Subway store at 4696 South Broadway in Englewood . We are really excited to finally have it done. The building was expanded by approximately 400 square feet and the store exterior was redone in stucco and stone . New landscaping and the standard "Englewood iron fence" were added . The store was closed for about seven weeks for the remodeling and expansion . We updated and expanded the seating from 22 seats to 48 seats and we completely refurbished the interior. Customers can now enjoy the "Subway Radio Network" on our sound system and a HDTV has been added in the dining area . We are very proud of our new look . This truly was an "extreme makeover" for our store, which has been at this location since 1992. With this "new" store we are looking forward to continued growth on South Broadway. I would like to express my appreciation to the City of Englewood for the constructive app roach taken to our project. There were many aspects of the project that required review and judgment by various City Departments . While not all issues were resolved in my favor , I believe that the people in Planning , Building, Engineering , Zoning, Community Development and the other Departments did their best to keep the City's interests in mind , while not confounding my efforts to improve this property . The City personnel were prompt in responding to our architect and our contractor and they were very helpful in our attempts to keep the process moving. I sincere ly appreciate the City of Englewood 's att itude toward small bus iness on Broadway. Mayor Wolosyn said thanks for coming tonight and staying in Englewood and improving your property and also , for the kind words about our staff. Council Member Barrentine said I had an opportunity to attend the opening . That store is in my District. It is amazing what they were able to do with the remodel. It looks fantast ic . The curbs and sidewalk , mov ing the telephone pole to open up that area , putting in the landscaping and putting in the addition of the fence that Englewood provides ... it is absolutely gorgeous . I apprec iate that you are there . Thank you very much . Mr. Gin th er sai d thank you . (c) Englewood resident Brandon Duncan was present to discuss the Jason Park off-leash issue . He said thank you for allowing me to speak . Most of us who are concerned are aware of the history of this and I will only reiterate that the issues at hand, that I see, are parents concerned with the safety of their children when they play at the park . Also, patrons concerned with dog waste that is not picked up and also disruption of activities ... soccer games, family picnics ... whatnot. There is a recommendation to ban dogs off-leash at Jason Park . I think a main argument for that is that there are other areas in town that we can go ... there are other options . I don't agree with that. I would like to see dogs stay off-leash at Jason Park . I believe moving them to these other places is going to compound the problem . It's going to move it away from the neighborhood, rather than constructively solving it. These other areas are the northwest greenbelt , near Federal and Evans ... there are no benches at that park. there is no seating and, frankly, it is in a bad neighborhood . I don't feel comfortable going there and I know my grandmother wouldn't either ... with or without a dog . Centennial Park is a pretty good park and our best alternative option . There is minimal flat, open area for the dogs to run . The benefit of that p rk 1s that the playground is, mostly , fenced in . That is very nice . Duncan Park is over off of Pennsylvania . It 1s v ry small . It has a playground and a preschool on the property. It is about a half block . This leaves the play ar a to th perimeter of the park , much closer to traffic. I'm not comfortable with that either. We have the Canine Corral. Which w thank the City dearly ... for helping push that through and making it happen . Howev r , 1n m y op 1n1o n ,t 1s m II I bel ieve add ing th cong l ion of dog and fam il s from Jason Park w ill cau u troubl 1n n r a th t m II. Th t rr 1n in th t p rk i not nee nly conduc iv to n Id rly or d1 abl d Englewood City Council May 7, 2007 Page 3 person . It is hard packed dirt. There are only 2 benches . Additionally, there is some unevenness to the ground in that park, with some inconspicuous areas for dogs to sort of disappear. I think that would also increase the risk of dog scuffles, owners not keeping an eye on their dog the whole time and missing on picking up the dog waste. Englewood has 11 parks and 6 athletic facilities for families and their children. Englewood has 5 areas for families and their dogs . Jason Park is the largest flat, grass running area available for dogs in Englewood . It is the only off-leash park between Broadway and Santa Fe in our neighborhood, in my neighborhood . Some related public hearings, I understand , were attended by many elderly and disabled people who were also in favor of having the availability of Jason Park for off-leash dogs . Just last week, I saw a lady having a great time with her dog in the park ... throwing a ball, playing fetch . The lady was in a motorized wheelchair. I believe that lady is here this evening . A few peripherals ... dog owners, generally speaking, are responsible people . We know the responsibilities of having a pet. It's a lot like having a child and you have to take care of the repercussions ... you have to clean up the messes . Some don't. I'm disappointed in the fact that we are not able to enforce those laws better upon those people who abuse the park . I'm sort of concerned if the vote is going to fix that problem . If you push us away there will still be people walking in the park , with leashed dogs, that don't pick up their messes . We like that our neighborhood is accessible, we want to keep it that way. In speaking of the waste .. .from the parking lot in Jason Park, there are 7 visible spots with bags hanging for dog waste . Several of the other parks I visited had none . The Canine Corral had none. Not to say that that shirks our responsibility of carrying the bag with us, but it only reinforces the point that we take the extra care and caution to ensure the cleanness of our park and our ability to clean up our messes, as quick and easy as possible . As best I know, of all the Jason Park patrons, it is the dog owners who work the hardest at cleaning up the park on a per visit basis . I see unsupervised children run into groups of dogs far more often than I see dogs run onto that playground . I've actually become aware of incidents where dogs were attacked by children at Jason Park . We, as park users, assume the same responsibility towards ensuring well mannered social behavior in our dogs, as well as our children . I'm also aware of a recent neighborhood petition supporting off-leash dogs at ( Jason Park . On the note of the welfare of our children ... the basketball court is right next to the playground and I often hear teenagers using profanity and it is intrusive to me , as I am sure it is to the playground . I have some revenue impacting thoughts on this issue, but I think we should direct our focus more towards the actual, tangible issue . I just want to reiterate that there are 11 parks and 6 athletic facilities in Englewood, for families . There are 4 parks and 1 corral for dogs and their families . There is one park that allows off-leash dogs in my neighborhood and I sincerely hope that it stays that way. The simple fact is that everyone assumes some level of risk when engaging in activities . There will be litter , there will be drug deals , there will be loitering, there will be profanity from the basketball court . There will be injury to children , with or without off-leash dogs at Jason Park . Thank you . There was applause . (d) Englewood resident Tavis Hanna was present to discuss the Jason Park off-leash issue . He said thank you for hearing me this evening . I am the President of Englewood Unleashed and I would like to kind of put things in perspective, to bring some clarity to this issue, as it has come up so quickly. It has only been 3 years ago that Englewood Unleashed formed to preserve Jason Parks off-leash status by helping build a formal off-leash park . The concept of distributing the use over multiple locations, with seasonal and different user needs in mind, was accepted by the City Council and Parks and Recreation . The principle of Englewood taxpayers having a right to see their recreational needs met was also acknowledged . Since the Canine Corral opened 9 months ago the use at Jason Park has decreased and the users of both facilities have been very pleased . City Council agreed to wait at least 1 year from the opening of the Canine Corral to reassess the use of Jason Park . The relationship we have built with the City over the past 3 years has been very strong . We have also had some wonderful accomplishments . We have been able to keep Jason Park off-leash . We have built the Canine Corral. One of our most successful fundraisers was a beautiful brick pathway, which we ins talled prior to the Corral's opening . We have participated in 2 holiday fairs ... however, our most successful fundraiser was our 2na Chili Cook-off. Englewood Unleashed was actually asked by Gary Hultberg , most recently, with Parks and Recreat ion , to write a grant application to Arapahoe County to help purchase the land t11at is Duncan Park , as the school there is being dismantled or demolished . We were also contacted regarding a free grant program . I wrote a letter of recommendation for that and we actually d id get the grant. We are in th proc s of committing $500 .00 to the City of Englewood to add 5 new trees to the Corral. We are also in the proc of purcha ing a $1000 .00 picnic table , through Dave Lee. and w have provided traw th rough out the Englewood City Council May 7, 2007 Page 4 winter . We opened a $150.00 account with Valley Feed in Littleton and Mark Cotwitts is authorized to purchase straw, as he sees fit, to distribute it at the Corral. I am currently going to be on the Task Force for the vicious dog ordinance. Now we have not been contacted over the past 9 months with any complaints from the Soccer Association, from the Baseball Association, from Parks and Rec regarding Jason Park ... nothing. So if the concepts and principles that the City agreed with to keep Jason Park as an off-leash park and build the Canine Corral were true then, why aren't they true now? I don't think the issues have changed . I think the change has come from a person . City Council Member Wayne Oakley doesn 't seem to understand the background of this issue enough to sustain his current attitude and decision . The slow learning curve of one individual should not be enough to threaten a 3 year relationship and adversely affect the lives of hundreds of people, based on 1 complaint recently . I spoke with Council Member Oakley last Friday and asked him a few questions . When asked how many hours he had spent researching the Jason Park issue, he said he had read the minutes going back to the Bates/Logan issue, that morning. When asked how many City Council members, current and previous, he had spoken with about the Jason Park issue ... he said all the current ones and one previous one ... that morning. When asked how many times he had been to Jason Park , he said twice, again, that morning . Now it doesn't concern me the most, his inadequate research, is that he has done this on the last business day before a City Council meeting and he has done it after he has already made up his mind on this issue . He stated that he would vote to represent the minority on this issue because Englewood Unleashed was too organized. I find that somewhat a slap in the face considering it was City Council who asked us to get organized, form an organization, instead of having 50 people show up and talk at night that were very angry and very emotional. The organization was to work with the City to get real, long term , lasting solutions put in place and finalized . And now here we are again, back to square one and I am wondering why. It seems like everything was fine up until a few weeks ago and now one person complains and here we are, back at square one . So I looked up some information. It turns out that my taxes support 557 .8 total acres of open space acreage in this town . Now some of that is not useful, it is the medians on Santa Fe or Hampden ... but 259 of those acres are turf. Now when you take together all the parks we have ... realistically , we only use Jason and the Corral. Jason Park is 8 .1 acres ... the Corral is 1.5 acres . Take away Jason and you have cut that number significantly. As it sits right now, with the total number of acreage my taxes support and you combine Jason Park and the Corral. .. that is .088, so basically 8% of my taxes go to my recreational needs . Now you take Jason Park away and it is less than 1 %. I'm sorry , but that doesn't seem right to me. Now considering I have a baby on the way in a month, I would like to be able to walk the few blocks to Jason Park and play with my baby in the playground and my dogs out in the field . My wife and I can go together . This issue is drawing a line right down the middle of my family . Now I do find it completely inappropriate that we are already talking about limiting hours and closing the park, when in 5 years of go ing to Jason Park I have never seen one Code Enforcement van . Now Code Enforcement ... s ince the beginning of talking about maintaining Jason Park and building the Corral, was a critical part of the whole equation . It has never happened . I've never seen a Code Enforcement van at the Corral, either. Now we can influence our friends and members at the parks to obey the rules , but it is kind of hollow if there is not enforcement there , no one threatening w ith tickets . So I am sorry ... l really urge you to make good on the c omm it ments that have been made in the past and the decisions and votes that have been made in the past and follow through with them . Give this issue time to rest...at least one year that was agreed upon . Now if you do have more complaints than there are people showing up to stand up for themselves, then I can see how the tables would turn . But considering, from the beginning, there have never been more complaints than there are people who benefit from this park, I think the people should have the say on what happens with their taxes and their land, rather than the other way around . So, I urge you to, basically, do nothing . Just let this issue ride . I know you guys are tired of dealing with this and I'm sure you have other business to attend to . So, it's with that point that I finish and urge you to just let it lie . Thank you . There was applause . (e) Denver resident Paul Gaggini was present to discuss City of Englewood dog regulations . He said thank you for listening to me today. I'm from Denver and I come to Englewood a lot. I get up and want to go to the hardware store and I have a decision to make . Do I go north on Broadway or do I go south on Broadway . I usually decide to go south on Broadway because I love the City of Englewood and I don't feel that I hould have to apologize to the City Council of Englewood because I love the City of Englewood . Many people from D nver do come and use the dog park at Jason Park . It is a gem of a park and I thank the City for upport,ng nd nabling that to happen . I think anybody from any town in the world ... if they were to sit down in Englewood City Council May 7, 2007 Page 5 that park on a Sunday afternoon and see a hundred picn icker's , peop le playing w ith the dogs, volleyball games , soccer games ... and it is all going along peacefully ... reasonable people , behaving reasonably ... getting along . And to abolish all of that because of one complaint or 2 complaints , doesn 't make sense . There should be some sort of a policy whereby the specific people who violate the peace, or violate the rules about dog waste , can be disciplined without having a blanket denial of the righ ts of eve rybody . There is a group forming to try to establish a dog park in the southern end of Denver . Denver formed about 5 dog parks a few years ago , but they didn 't get any on the south end of town . And it takes 45 minutes for me to go to a Denver dog park and it takes 5 minutes for me to go to Jason Park . When we do eventually build a dog park ... either at Ruby Hill or Harvard Gulch ... we will welcome all of Englewood residents who want to use it because it is closer to their house. So, I think keeping that open will help encourage the City Council of Denver to build a park . The people who use that park are going to be extremely disappointed if they can't anymore . This is not a minor issue to these people . Going to the park makes their whole day. You might hear from one person who is a little bit cranky because a dog interrupted their picnic. Now I am not sure exactly what happened . I'm pretty sure that a person should not try to put a blanket on the ground and have a picnic in Jason Park, but I have seen hundreds of picnics that were never disturbed, having picnics on the tables ... no one complained . I honestly have been in that park ... I have walked probably 3000 miles in that park ... thank you . I am probably alive today because I have been able to do that. No attempt is ever made to keep people from other towns from using Pirate 's Cove and I'm sure that a lot of the soccer players who use that park are not from Englewood . I know many of the picnicker's that come there ... and there are a lot of them ... there are a lot of people who live in hot , little apartments and they just come there and live on Sunday and it's beautiful and they enjoy it. .. it is a wonderful park. And they are not all from Englewood. There might be a way you could deal with this if you had a dog registrat ion policy and you could have dog tags . There are towns that require anyone who uses their off-leash dog park to have a dog tag from that town and then they charge out-of-towners a little bit more for the dog tag . And when they get their dog tag they have to review the rules and promise to obey the rules . If they are caught not obeying the rules , they can be fined and they lose the ir privilege . That is an alternat ive you can th ink about. There is another alternative you can think about, other than a blanket ban on dogs at that park . You can consider making some small segments of fences . It wouldn 't interfere with the open nature of the park, but which would allow the various usages of the park to maintain separate areas without interfering with one another. I don't think we need dog wars over the parks , I think we need more parks and I am certain that for every irritated citizen you heard from about the dogs , there are 50 who are pleased with the park . And we didn 't get here to say anything because we were happy and we are . I believe ... and I don't know for sure ... but I bet the number of people you have heard complain about the dogs in that park can be counted on one hand . I have been there hundreds of times and I have never seen any trouble . I have seen new people roll up in the park with a new dog and they don 't handle their dog properly ... the other dog owners inform them very qu ick ly of what they have to do . I have done that se veral t imes myself. And these people don 't come bac k or they go to use the Can ine Corra l. The Can ine Corral is to take the pressure off of Jason Park , so tha t pe ople whose dogs wander around and can 't be controlled ca n go to the Can ine Corral. Another th ing you ca n do is imp rove the signage a l ittle b it...ma ke som e better signs, m ore signs ... if you want to do someth ing, other than a blanket overall b an on dogs at that park . I really don 't care myself. I have a lot of time . I can go anywhere . But there are hard working people in this town that depend on that for a lot of pleasure and if this goes through and they are not allowed do that. .. every time they go out and walk the ir dog they are going to remember this . It is going to feel bad . The metaphors that com e to my mind are being kicked in the gut or having your heart torn out. It means that much to us and there are a lot of us . We are not so organized , but we have formed a community and we talk to each other all the time . And it is a wonderful thing . I think that this ban ... ! mean the partial ban, the time schedule ... is, in affect , a total ban for most people . I think you could be more creative , more imaginative and there are lots of things that could be done other than that ban . By and large I think the complaints are based on fantasy . I've heard women say that they are afraid to bring their children there because they might get sick . This has never happened . There was one woman who said that her house has m ice now, because of the dogs in the park. This is a myth . So wh ile the Englewood City Council is making laws banning the mythical problems, I suggest that you get really busy and make a law bann ing all those leprechauns that are riding the ir un icorns on Broadway. That is all I have to say. Thank you . Mayor Wolosyn said thank you . Th r w applau Englewood City Council May 7, 2007 Page 6 1w"M ~ (f) hite was present to address Council regarding public art. He said after listening to the conversations . off on kind of a different tangent, but I am sure there are going to be some issues that are similar to the dog park stuff. First off, I would like to say thank you to the City of Englewood for allowing me to speak tonight. I am up here to speak to you tonight, not only as a resident of Englewood, but as a voice for an under-represented community. This community is that of graffiti art and the majority of the artists in that world would never come up to speak to Council like this ... not in a thousand years . So , hopefully, I can do well for them in speaking to you guys . I hope tonight I can represent and show both sides ... the City and our community ... and help you guys better understand each other , so you guys can co-exist a little bit better . As I speak, there are currently two murals on South Broadway that are inspiring, delighting and adding to the color of the world ... which is truly needed . These murals are now in jeopardy , due to 3 complaints and ordinances that do not allow fair process to the creative vision. As you know most people don't call in to give compliments to the City about something that happens in your City ... they have been stopping by the store and letting the store owners know how much the art work is appreciated . I am sure if you were to have all these people call in, you would see that the majority is in favor of having these murals and this art work in the City ... versus the three people who don't. I'm not here to argue the issues at hand , but more to bring some insight and various points to the City of Englewood ... to bring it to your attention ... so that hopefully you will have some more information when you are considering the future of these murals . First , these murals were based around positive ideas . The first one, which you probably read about in the Englewood Herald, was that the business owner was trying to prevent tagging on his property. This, really , can only be accomplished fully, with vines ... which that property is not really built for ... or murals . It has been proven in Philadelphia that this does work to deter tagging and there is an innate respect from taggers to the general public towards artwork ... and people will know art work when they see it. Second is to give the store and the artists a way to connect to the community and to give the community something that they are proud of. There were about 1500 people who attended the party when the painting actually went up . So, there are about 1500 people within Denver ... I don 't know if they were Englewood residents or not.. .that have a personal connection to the creation of this art. Unfortunately, they are not here tonight, but I am sure if they all knew about the situation at hand , that they would show their support . Third is that 5 graffiti artists took their time to create this art work . These are 5 artists that could have easily been out in the streets doing destructive vandalism . But they chose to do something positive with their time and create something beautiful. This artwork took a lot of time and now they are in a situation where it is being considered to be taken away. It is not fair to anyone, including the artists and the community . Last is the mural adds to the driv e down South Broadway. It provides more color , it is interesting . It is not there to sell anything , but if you drive by , it will catch your attention and hopefully brighten your day just a little b it. As the City of Englewood ... ! prov ide these concerns that you guys should take to heart. A lack of concern for the art community , wh ich encompasses graffiti art as well ... some people don 't consider it art, but unfortunately for some of you ... it is art and it is here to stay. A lack of concern for this art form w ill have a negative effect on your City. This is not a threat, but a reality, about suppressing a culture that you don't understand . Second ... you have a chance to lead positive social change . Graffiti art is the art of the up and coming generations . Go ask any youth to read a piece of graffiti and I guarantee you they will be able to read it much faster than you . Englewood needs to embrace that and work with the culture instead of fighting it. Ask yourself who is going to be visiting this City in the future . It is not going to be all the older people , because at some point they will be gone . It is going to be the youth ... it is going to be the up and coming and this art work represents that age group . Last...and this is just a consideration, as I'm sure a lot of you don't have a lot of knowledge about graffiti artists . Graffiti artists/vandals are not just kids . The graffiti subculture encompasses people of all races, genders, social classes and professions . So making a decision without properly thinking it through will have larger effects than just the children or someone who you would classify as graffiti people . It is a much bigger world than you probably even know . From my experience , I feel that taking down this mural without careful consideration could be detrimental to Englewood's image and could cause unwanted consequences . It needs to be understood that the graffiti subculture is much larger than Englewood , it is much larger than Denver , it is much larger than the United States . These murals were done for the enjoyment of the people and there are faces here today to show their support and if they are willing to give the City of Englewood a chance, all I ask Is that the City of Englewood give them one as wel l. Thank you . M yor Wolosyn aid thank you . Englewood City Council May7,2007 Page7 There was applause. 7 . Recognition of Unscheduled Public Comment (a) Mayor Wolosyn said Ericka Legnard, of Englewood Leadership Academy is present. Mayor Wolosyn said I am glad you are all here, it is a great exercise in civic matters. Ms. Legnard said I am a teacher at the Englewood Leadership Academy and I have an incredible group of students here who had the opportunity to be the first Englewood team to represent our City and our school in the Destination Imagination competition . They are going to tell you a little bit about it, because they know much more about it than I do. We are here in a quest for funding, because it also turns out to be a very expensive venture on our part. I am going to let their fearless leader LouAnn Yamen tell you a little bit about it. Ms . Yamen said I have been a volunteer parenVcoach for Destination Imagination teams for 8 years and this is the first team I've had that has been able to make it to global finals ... which is an incredible feat. For those of you who are not familiar with Destination Imagination ... just briefly ... if anybody is familiar with Odyssey of the Mind ... it was kind of a spin off from that, years ago . It's a creative problem solving program that is much more than that. It is just a phenomenal program that seems to build kids up wherever they are weak . It is aimed towards kids of all abilities and age levels, from kindergarten through college, actually . Basically, each year in September, the kids are offered a choice of 5 different challenges . They range from highly technical to more theatrical and research based and everything in between . The kids form teams of up to 7 students or kids and they work all that time , until March, to the regional tournament. If they are successful in the regional tournament, they proceed to the State tournament and if they are successful there, they take 2 teams out of all of the State to go to global finals in each challenge . That is from all over the world ... 56 countries ... 14 to 16 thousand people are expected at that event. Like I said, I have been fortunate to be involved with these kids . They chose a challenge called CSIDEA, which stands for Color, Shadow and Illumination and they have a set of requirements they have to meet including building a story, building a gadget that is focused on the properties of light, building a special effect that also uses properties of light and some other character development and that sort of thing . They are going to tell you a little bit about it, but just to give you an idea of how far out of the box they got to thinking ... their storyline involves vampire bats who have been poisoned, have turned albino and they are , basically, led to a cure by one of their bats who wants to be a cowboy ... who instead of echo locating to find food , he yodel locates . They named themselves the Private EYES ... where the eye stands for enthusiastic , yodeling entertainers . I will let them tell you a little bit more about it very quickly. An unidentified student said we bu ilt our props and we went to the regional competition to perform and out of 400 points , we placed first and we had 100 points above the team that placed second . Since we won first, we went onto State competition and at the State competition we placed 70 points above the team that placed second . Now we are allowed to go on to the world competition, if we can pay for it. Mayor Wolosyn said where is the competition? Ms . Legnard said it is 2 weeks from tomorrow in Knoxville , Tennessee . Tyler Yamen, Lauren England, Kailyn Wieszcholek , Sofia Underwood and Jeiel Mensah approached the dais and spoke to Council (away from the microphone) regarding some of the things they have been working on since October of last year, what they have learned, the cost of their trip to the global finals and their fundraising efforts. Mayor Wolosyn said thank you and , as I explained to Ericka, we have a limited amount of money for the discretionary and we usually address that at the end of the meeting . You guys did a great job here and I can call you back tomorrow . Ms . Yamen said anything you can do to help will be appreciated . Englewood City Council May 7, 2007 Pages Mayor Wolosyn said I really appreciate you guys coming down and taking the time to show us in detail, what is involved . Ms . Yamen said they are a phenomenal team, as you can tell by their scores . I have never seen a team like this . They are 30 points short of perfect. .. out 400 points . Mayor Wolosyn said well done . There was applause . Council Member Woodward said I would like to say thank you for ELA ... such a great school and all the volunteer work you do and all the community service that you do .... and are required to do. And I know you do it, because you have helped me with different projects . Thank you . Ms . Legnard and Ms . Yamen said thank you. (b) Jan Birmingham said I live across the street from the park. I do look out my windows quite a bit. I have seen a lot of decrease in use by the dogs at the park since the Corral has been opened ... which we dearly appreciate ... the City granting us the space and everything they have done with the Corral. I know of 4 people on my side of the street that bring their dogs to the park in the evening . They go play ball for maybe half an hour and then they go home. I see another gentleman walking over there with his dog, sometimes twice a day ... on Saturday I saw him twice and he walked over. I don't know where he lives, but he lives in the neighborhood. I know another lady that lives over by the Safeway who brings her daughter to the park, plays with her daughter in the park and has her dogs with her. If restrictions are imposed she cannot do that. I know another lady that walks around the park, the parameter of the park, and she also lives by the Safeway. I enjoy walking the parameter of the park also . The Canine Corral is wonderful, but it is not very conducive to walking around the parameter with the terrain . I did send all of you an e-mail, I hope you read it. My dog is older and he cannot jump into my car by himself. He is 75 pounds. For me to put him in the car , is hard for me. So having the park and being able to use it across the street is a godsend . This is also a very social thing for the owners, as well as the dogs. People get to know each other. It is a great place to go . Jason Park is not so small that it can't accommodate the kids and the dogs. I've seen people come with their dogs, with the kids there or the picnickers on Sunday and they don't stop ... they just go somewhere else, because they don't want to interfere with the kids. Now nobody is complaining about the polka music on Sunday, with the picnickers. I haven't noticed any problems with the dogs. I haven't heard of anybody saying there are any problems with the dogs . think also that this is a big community. It is not just Englewood , it is Denver also. Even though some of the residents of Denver come to our parks, we drive on their streets . It is one big community. We all need to share . We all need to get along in one form or another. There might be some give and take . But I think restricting or removing access to the dogs being off-leash would be a very big hindrance to a lot of the working people in the neighborhood. Not just a bigger, surrounding area . There are a lot of people in that neighborhood that use that park and I think most of them are very respectful of the other people using that park . I hope you read by e-mail, it is much more detailed . Mayor Wolosyn said thank you . There was applause . • •••• Mayor Wolosyn said we don't usually address issues during this portion of the meeting . I know some Council members definitely want to speak to this issue at the end, so I encourage everyone to stay around until the end of the meeting . (c) Ward Stockwell, an Englewood resident, said first I would like to say thank you for giving me the opportunity to speak before you this evening . I am one of those people who have been going along sort of just happy with Englewood . I love the community. A few years ago I made major remodifications to my house to help support my family staying in this community and I have to say , I think it is one of the premier communities in th rea . I saw some of the e-mails floating around that said you guys wer considering taking the park and ( Englewood City Council May 7 , 2007 Page9 making it no longer an off-l aash park or even just limiting the timeframes to 6 to 10 in the morning during the weekdays . Quite frankly , neither of those solutions work will for me. I have a pretty typ ical family, I have 3 kids and we are all busy. Our evenings are taken up with making sure the kids do their homework and doing their little sports activities and all of that. The only time I really get to take my dogs out and run them is on the weekends. I tried to send you all an e-mail this weekend ... I don 't know if you got a chance to read it or not. I just like to get my dogs out and run them . It helps take away all the aggression they get from people walking by . Everybody knows that as people walk by the houses, almost every dog out there is pretty protective of the house and they are out there barking and yipping. I think they get some pent up energy. I guess it is my own fault with what I did with the house . I don't have a very big yard left at this point. So my dogs don 't get a whole lot of space to really run . They run in their little circles , but that is about it. For me, Jason Park is really the only solution . We have gone over to the Corral and it is a fairly small park and you can't really get them running back and forth. What we do with the family is get out there and we all stand at different portions of the park and start throwing the balls and getting the dog to run towards each of us and run back and forth. It really does a great job of just tiring them out. The only thing is that I am maybe not a major user of the park ... I am only out there on the weekends with my family, that is the timeframe that I have that I can fit that in . But I have never seen any problems with the dogs . Now, granted , I am only there a limited amount of time, but there are always people trying to keep track of their dogs and pick up after them . I'm sure that there are some people that don 't particularly follow that rule . But anybody who sees somebody out there whose dog goes to the bathroom and they are walking away ... people always let them know and say hey, you have to clean up after yourself. This is a park. But, I have never seen any instances of dogs running w ild or anything like that. Every time I am there it is always 3 , 5 families ... at least. .. out there that have their dogs . Granted , I am taking the weekend that might be the busiest time ... I don't know . Like I say, I don 't get a lot of time in the park . What I see is a bunch of responsible people that are trying to take care of their dogs . I am not familiar with all the issues , I can't say I am an expert on the subject. All I can say, is for me the weekends at Jason Park a re the t imes that I have to utilize it and I would like to not see that taken away. Thank you very much for your time . I do appreciate it. I know my reasons are fairly selfish , but I am sure we all have a li ttle bit of that. Thank you for your time . Mayor Wolosyn said thank you . There was applause. (d) Rachel Sh ields sa id my husband and I live about 2 houses away from Jason Park . We were born and ra ised in Englewood and we chose to live at that particular address because Jason Park was an off- leash park , at that time , and we really wanted a puppy. So when we got our dog that was the first place we we nt and we 've taken her there at least once a day in the summertime and our work is seasonal , so we take he r twice a day in the w intertime and we have ne ve r seen a problem and we have always cleaned up more than our dogs mess ... and we have al ways been very happy with that. I am al so a member of Englewood Unlea shed and I help organize the brunches on a monthly basis . And since we have gotten the Canine Corral we have done the Jason Park and the Canine Corral on rotating weeks . So we do both of them at least once a month . If we had restricted hours, we wouldn't be able to do a clean-up at Jason Park , because I work and I know everyone else who shows up for the clean -ups works as well. .. and we wouldn't be able to do a full clean-up that we always do to help promote cleaning up the park to let people know that is what we do. So, I think that would be a problem and I think we would have to take out different times to do that and that wouldn't work well for us . I would also just like to say, that the times my husband and I have been there, we have never had a problem ... people are very responsible with their dogs ... not letting them near the playgrounds . The dogs that I have seen in the playgrounds were with people who have kids there , so obviously they weren 't concerned with that. But we have never let our dog go in the playground . On weekends the Canine Coral has definitely helped because if we know that , obviously, soccer things are going on , we will just go there , instead of Jason Park . But Ja son Park has always been our favorite place , because we can run with our dog as well. I think it might create a problem w ith the other parks , such as Duncan Park , because if Jason Park closes , everyone will just go there because there is grass there too . That could create a problem . That Is all I have to say on the subject. Thank you for you r time. I'd also like to say that the mural at Headed West is absolutely beautiful and I think they should be ab l to keep it. Th r w ppl u Englewood City Council May 7, 2007 Page 10 (e) Bill Gideon, an Englewood resident , said I have lived at my present address for over 30 years and I am a daily user of Jason Park, with my dog . I have written a letter to Mr. Oakley, who is my Councilman , regarding my perceptions as to what I have seen in the Englewood paper. I am going to do away with most of it and just talk about the key points that I know of. I have talked to Councilman Woodward and some of the neighbors and apparently no one knows of anyone who has been b itten at Jason Park , at least s ince it has been off-leash . I think that is quite an accomplishment. I understand there was drug dealing going on at Jason Park and drug dealers aren't frequenting the park anymore . The Canadian geese have left and contrary to Mr. White , most people, I think, don 't appreciate graffiti and I think the taggers are staying away, at least while we are there . Another thing , in 2004 we went all over this and the Council assured us that the park would stay off- leash . In the Englewood Herald article there is no mention of how many complaints you rece ived or the nature of the complaints . So we don't know what went on . We suspect the number was small and that the Council 's proposed actions look like your taking inordinate weight and giving it to the complainers. You can see how many people have shown up that are pro-dog and want to keep that park open . Apparently , you are not considering the elderly and handicapped in those two options, either. In my opinion, I think the 2 options are extreme in their restrictiveness and I think they are unnecessary. I don 't know what else the off-leash community can do to help to satisfy the people who are complaining . That's about all I have to say and I would like to thank the Council people who did show up at Jason Park yesterday . I know Council Member Mccaslin and Council Member Woodward were there to try to find out what's going on at Jason Park . Thank you all . Mayor Wolosyn said thank you. There was applause. (f) Kati e Mendel sa id I work at the Grea ter Englewood Chamber of Commerce. I would li ke to tal k abou t Englewood Days , which is on September 81h . Also , with in that even t , is going to be the Taste of Englewood event. I know you have already heard quite a b it about th is event from Doug Cohn , in terms of what we are asking for , for both of the events . I just wanted to talk further about our request to close the 3400 block of South Lincoln Street. We would be using a portion of that block for the Taste of Englewood event , wh ich is a fundraiser for the Greater Englewood Chamber of Commerce. We really just want to have a great location for the restaurants to set up their booths . Last year , during the Englewood Days event , the Car Show , we were on the west side of Broadway, away from most of the activities and it just really wasn't very good for the restaurants . We didn 't get as much foot traffic as we would have wanted . So, putting us on the other side where the Car Show is going to be , I think w ill really help the Taste of Englewood event and h ighl ight those En g lewood restaurants that will be partic ipating . Doug Coh n has rece ived maj ority approval from the b us inesses on South Li ncoln and South Broadway, as of toda y . I don't k now if he ha s provided yo u w ith that information or not. Also , as part of our Taste of En glewood event , we are th ink ing about in corp o rating a bee r and wine sales in that. We have done that as part of Taste of Englewood in the past. Getting the special temporary use permit for that. I know there are some concerns because it will be an outdoor event, in terms of security and enforcement. Obviously, we would adhere to all City of Englewood regulations and restrictions in terms of how to set it up and the closing off of a confined area . We would limit the number of alcoholic drinks that each person was allowed to buy. Obviously, that is going to be something that we can talk about further, but I just wanted to address that. That's about all I have. Mayor Wolosyn said I have a brief question . It is the Taste that will be applying for the liquor license? Ms. Mendel said yes . Mayor Wolosyn said okay, that is a clarification we needed . Thank you . Ms . Mendel said thank you . There was applause. Mayor Wolosyn said Katie this will be taken back up again under City Manager's Choice. We have that whole list from Doug that we are going to look at. (g) Scott Gorsky, an Englewood re ident , aid thank you for giving me the opportunity to address you It I a night of irony for me. I actually followed th lady that h d the complaint gain t th dog p rk , when I ( Englewood City Council May 7, 2007 Page 11 was here last time, and the Destination Imagination team was just here from ELA and I would just really hope that we can continue our on-going relationship that we have had with the school board in this City and that we can somehow work something out together , to make sure those kids get there . From what I heard, I have no doubt those kids are going to go and wipe out the competition and win by 100 points and that would be even better if that was across the whole world . I just came to address my concern in regards to the positions that City Council holds and I hold. I always find myself in a very difficult position when we have public comment and my answer to people is always to follow the appropriate channels of communication . My biggest concern is that many of the issues that I see on the School Board are fiscal issues , they have fiscal impact and the decisions that I have to make deal with people's jobs and livelihood . In regards to the dog park ... as we can see here, by public comment, there is a majority and when it comes to non-fiscal issues , it is my opinion that majority rules . In order and representing the minority voice, all I would ask and all I would request is that there are appropriate venues for the minority to be heard . And that if there is an avenue , to just make sure that if people do have complaints or if they do have something they wish to be addressed, that they are able to follow the appropriate channels, that they are able to be in touch and in contact with the appropriate people . When I let my weeds grow a little bit too long, this guy back here ... Bill. .. is my neighbor ... and it wasn't him ... l know he didn't call ... and I also had a car in the driveway ... and somebody called on that too . But my only question would be ... if there was an ordinance violation I would receive something at my house ... somebody would come over from Code Enforcement and put something on my door and then I would call the Code Enforcement person and, obviously, when the complaint was made they took the time to come out to make sure the complaint was valid . I would only ask for that in regards to if there are complaints that people have against the dog park . People are allowed to do things such as that on an anonymous basis. If there are complaints, I would just really like to see those people have the strength to come forward . I mean we are not looking for retribution, we are not looking for retaliation . Too many times that is a fear. I would just really hope that people are encouraged to follow the appropriate channels, especially when it is something that is not a fiscal issue , this is not costing any money. And if it is not costing the C ity any money, I would just like to request that th is dialogue that is cu rrently occu rri ng between whether you are for or whether you are aga inst, just is allowed to continue and that we don 't make decisions too hastily and that we allow for the public to get a chance to speak . And that if there is a majority in favor, then the majority needs to rule and if the m inority , the current minority is not organized enough , then I would hope that we as citizens , Council members, would allow those people the knowledge to, basically, give them the information they would need to become the majority. That is kind of how things work . I would just say that I live not many blocks away from the park . It is an absolutely enjoyable time . My dog is not one of those dogs that make a mess because she will not go in public, as much as I have tried to get her to go. So, I am never cleaning up after her. I don't have to take a bag to follow along after her, because I would probably drop dead if she ended up doing someth ing like that. But , I have never had an issue over there . The Can ine Corral is a great place ... there is not really any grass over there and I really like to have t he grass and play Fr isbee with m y g irl friend and have a nice t ime over there . It is rea l conven ient to j ust be able to walk down the street. So , I would j ust ask tha t you kee p open ears to the pros an d the cons . If the pros outwei gh th e con s and it doesn 't cost the City any mo ney, I don't kn ow why we would get into a philoso phical debate ... a majority rules . Thank you so much and I look forward to continuing our relationship with the City Council and the Englewood School Board . Thank you so much . And if I do ditch out a little bit early, I apologize, but I promise I will read the minutes ... people don't know that...you can read the minutes and you know what everybody said. So, if it's in the minutes it happened and if it is not in the minutes it didn't happen . Thank you so much. There was applause . (h) Linda Lipscomb, an Englewood resident, said this is my service dog Zephyr. I am here tonight in support of continuing the off-leash status of Jason Park . If we work together we can develop a plan that allows all the people of Englewood, those with and without dogs , the opportunity to enjoy this beautiful park . If the Council votes to close Jason to off-leash dogs and/or limit the time the off-leash dogs are allowed, it will be difficult , 1f not impossible for me, to exercise Zephyr, because I live in an apartment setting and don't have access to a fenced backyard for Zephyr to run and play freely. Other off-leash parks in the Denver metro area don 't really work for Zephyr and me because they are often mostly dirt and usually don't have trees for shade . They are also sometimes hilly and make it difficult for me to maneuver my scooter. Also , I have a med ical cond ition that is worsened by heat. The cool grass , along with the shade from the tree at Jason Park makes it po ibl for me and Zephyr to play and also to k p myself cool enough to stay outs id with him . It i my Englewood City Council May 7, 2007 Page 12 understanding that this issue was brought to Council by a resident who had a picnic rudely interrupted by a dog or dogs that invaded their space and ate their food . Now if Zephyr had done anything like that I would have regained control, apologized for his behavior and offered to pay for the food and/or any damage caused by my dog . I hope any responsible dog owner would do the same . One way to give the people the ability to enjoy the playground or the picnic area and co-exist peacefully with off-leash dogs would be to build a fence along the north side of the playground, extending past the picnic shelter . This would act as a barrier to keep the dogs playing in the open space north of the playground and allow the children to play freely and picnicking people to enjoy their outside fun , without the fear of dogs bounding in uninvited . Please consider either voting no to the motions this evening, regarding Jason Park or tabling the motions so that more options, like the fence, can be explored . I encourage the City Council and Englewood residents, to set aside any differences we have about the usage of Jason Park and find a way to accommodate everyone 's needs . Thank you . There was applause . (i) Michael Mahaney said I am the owner of Headed West. I have been doing business in Colorado for nearly 10 years, of which, 4 years has been in the City of Englewood . I am here to address the growing problem of the unwanted graffiti. This problem has been happening for the 4 years I have had a business in Englewood and the problem continues to get much worse . Under current law, a business owner or a resident has 3 days to remove the unwanted graffiti before they are fined . This is very costly and very time consuming . I spend more time addressing this issue than I do actually running my business sometimes . I took the initiative and hired professional artists to paint murals to eliminate the unwanted graffiti. At that point we had a customer appreciation party and about 1500 people showed up . We had free food and the radio station was down there giving away a bunch of free products . And a lot of people were there to witness the actual murals going up on the walls . From my experience during the past month the murals have been up there , we had several thousand people who have stopped by our business and really congratulated us on the artistic value of the murals . It seems we have a couple of people in the City who have found the murals to be not desirable , where there are thousands of people who thoroughly enjoy it. So , I would like to keep them up there for that reason. Under the current law a mural is a sign and this is in no way a sign, this is simply artwork . It has been proven with graffiti task force agencies throughout. .. as Keith said ... Philadelphia and other major cities ... that professional artwork eliminates graffiti. So called taggers will not tag over other artists work ... this has been proven . With the current art work I have ... it has been up there for nearly a month and I have had, absolutely, no tagging whatsoever . Other cities, such as Denver , have taken a progressive stance on the graffiti and I ask that you reconsider the current law with murals and confront the graffiti problem by allowing murals as art work , not as a sign . This will allow loca l artists to take part in the beautificat ion of South Broadway. That is all I have to sar. Thank you for your time . There was applause . (j) Lynnette Heidrick, an Englewood resident, said thank you for letting me come and speak again . I was one of the people who did complain about the dog park . I know you are all going to give me daggers and probably stab me when I walk out of this building and go tepee my house and everything else . I have never complained about the mess. I did complain because ... ! was just educated ... ! did not know that there was an Englewood off-lease club, I had no idea . Nobody identifies themselves, so it would be wonderful if you guys wore name tags at the park, so I could chase somebody down when a dog is chasing my child ... so I can say who is this person, who does this dog belong to? Because my daughter is 2 years old and she thinks every dog is friendly and the first time my daughter gets bit, its going to be the last time ... it's going to be a very sad situation . I have 2 Labradors at my house . I love my dogs , but when I take them, I take them on a leash because I don't know how they are going to react to other dogs or other people . That is my biggest fear is my children ... because I have been at the playground ... I know a lot of the dog people are at the center of the field , closer to the soccer field , away from the playground , where they are not seeing what I am seeing . They are not seeing the kids and the dogs coming all over. I know dogs love kids and kids love dogs ... but I don't know which o ne is fr iendly and which one is not. And it scares me half to death . I understand your fear and that you want to k p it that way , but I want to be able to keep my kids safe too . I know you guys are over there and I have been th re at soccer practice . I have been there at a soccer game. where they have had to call a game because a d g h run throug h th f1 Id at the time of a game. And I know there is a s ign that say ~ch il dren at play , dogs ) ( Englewood City Council May 7, 2007 Page 13 must be on a leash", but they are not following it. So, there are people there that are part of the off-leash dog park group ... but they really need to inform these other ones that these are rules, or have bigger signs or something . It really does frighten me when dogs are running up to my child or she is running up to them ... I just don't want any complications . That is my biggest concern . So , if you guys are there all the time, on Saturdays , on Sundays, in the evenings and when people aren't following the rules, then something needs to be said to them ... because they are not. That's my piece . Thank you . Mayor Wolosyn said thank you very much . There was applause. (k) Christie McNeil!, an Englewood resident , said thank you for giving me this opportunity to speak . I appreciate that we have a chance , as citizens, to come to the Council and let you know what goes on in our lives. I'm going to speak on the Jason Park issue . A couple of years ago , my husband and I had a choice, when we combined our incomes, whether to leave Englewood and invest in Denver or invest in Englewood . We chose to stay in Englewood., largely because of the economic and social diversity that is here, the community that is here and the community we had become part of ... largely, thanks to our dogs . One of the things I have really been frustrated with ... and I really appreciate the last speaker for coming and expressing what the actual issues are and the concerns are ... because I think some of the time we don't actually have the opportunity to hear each other and I really appreciate that. I think that it is really important that you can kind of see the output. .. that the community has come out in support the off-leash privileges at Jason ... and it is a privilege and we know it and we do guard it. To have a few complaints versus the community we have developed is really ... to have that outweigh the community ... and I do say the community because financially we are a part of the Englewood community, we are all taxpayers and we are all law abiding citizens ... ! say community because we have our own commun ity where we are actually part of a local neighborhood , we are friends, we support each other , we have concerns w ith each others families and our dogs and our lives and the Englewood community as a whole and it is very demoralizing and damaging to that commun ity when these things are threatened and when we are constantly threatened every couple of years with these situations . When I am there at Jason , I see there are still !ots of k ids using the playgrounds . I have been there and there are soccer games , I've been there and there are birthday parties ... so the fact that there are dogs there off-leash has not prohibited the people from using the park . I know that most of us have exercised a lot of concern for other activities in the park and I see th ings g rav itate as the picnickers show up , or the soccer games start ... l see the dogs move farther and farther and deeper into the park . It is a large park and we are capable of using it as a shared space . In the winter when it snows , we are the only people there at the park, period ... the dog walkers . g rew up in New York City and thank goodness for the dog walkers , because Central Park would not be a safe p lace , w ithout the dog wal kers . They are t he o nes that are there fi rs t th in g in the morn ing , they are the last on es there at nig ht. So, t hey a re, actua ll y, a kin d of community patrol. I app re c iate that we h ave th e Ca ni ne Corra l. It is great. .. but no more than you would have one or two playgrounds and tell the entire w idespread Engl ewood community to send their children to those playgrounds , is it fair for you to say, well , you've got one place here and one place there to go. Because that increases driv ing , it increases pollution ... plus it interrupts the community that has been developed and formed . We have had potlucks and brunches and gone to people 's parties . So when you tear those fibers apart you are actually interrupting the community that has developed in those locales . The community of Englewood needs neighborhood oriented, accessible , convenient multi-use public spaces in people's communities ... which Jason is . So having one or two is not enough . There are a lot of us , as you can see, that are dog owners . My husband and I are also going to have a baby soon and so we are getting deeper and deeper into the community . And having the opportunity to be able to go to the children's park and the dog park at the same time is going to be an absolute godsend . I would just like to thank you so much for giving us an opportunity to be heard . Again , restricting the hours is not really an answer because most of us are full -t ime workers and the time we can use it is in the evening and on the weekends and that is when we are on patrol. Thank you very much . I appreciate your time and attention . There was applause . • •••• Englewood City Council May 7, 2007 Page 14 Mayor Wolosyn said Michael Smith will be the last person to speak at this point in the meeting. We have 5 more signed up and I encourage you to stay. Our meeting doesn't usually run that long , but I want to respect the people from Swedish who are here for the Public Hearing . (I) Michael Smith said I am here to support off-leash Jason Park. So many great things have been said already and I don't have to repeat them . I just wanted to say that every time I go to Jason Park I comment how wonderful it is . I think we live in a society where people are so isolated and it is just wonderful to meet other dog owners and talk. The grass is so beautiful and the trees ... my dogs love the park . One of our dogs doesn't love kids ... l don't know what happened when he was a puppy ... but he doesn't love kids . So anytime a little kid comes near the dog we always tell the parent that. .. no they can't pet the dog, because he doesn't really like kids . This happens occasionally and we have never had a problem . It would be really sad if our dogs could not go to that park and enjoy such a wonderful, wonderful resource. So, I hope it stays the way it is . This community of dog owners is phenomenal. I think with a little common sense we can figure out how to do this and make everyone happy. Thanks for listening . And I love the Headed West mural too. There was applause. Mayor Wolosyn stated as I said we will continue with the meeting and return to this . [Clerk's note : Unscheduled Public Comment continued . See page 26 .] 8 . Communications, Proclamations and Appointments (a) An E-mail from Dooley Gehr tendering his resignation from the Code Enforcement Advisory Committee was considered . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO ACCEPT, WITH REGRET, THE RESIGNATION OF DOOLEY GEHR FROM THE CODE ENFORCEMENT ADVISORY COMMITTEE. Council Member Woodward said Dooley has been the Chair, has been on the committee a number of years and he is certainly a valuable member. Council Member Barrentine said Dooley has served as Chair and he will be sorely missed. He has been diligent and very reasonable in handling the committee . He will be very m issed and I am sorry that he needed to res ign . Mayor Wolosyn said I would like to add that Dooley is a real gift to th is community. Vote results: Motion carried . (b) considered . Ayes : Council Members Barrentine , Mccaslin , Moore , Wolosyn, Woodward , Tomasso , Oakley Nays : None A proclamation naming Nancy Peterson as Englewood 's Citizen of the Year for 2007 was COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED , TO APPROVE A PROCLAMATION NAMING NANCY PETERSON AS ENGLEWOOD'S CITIZEN OF THE YEAR FOR 2007. Mayor Wolosyn asked if there was any discussion . There was none . Vote results : Ayes : Council Members Barrentine , Mccasl in, Moore, Wolosyn , Woodward , Tomasso, Oakley Nays : None Englewood City Council May 7, 2007 Page 15 Motion carried . (c) A proclamation honoring Police Week and Peace Officers ' Memorial Day was considered . COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION HONORING POLICE WEEK AND PEACE OFFICERS' MEMORIAL DAY. Mayor Wolosyn asked if there was any discussion . There was none Vote results: Motion carried . Ayes : Council Members Barrentine, Mccaslin, Moore, Wolosyn , Woodward, Tomasso , Oakley Nays: None Mayor Wolosyn presented the proclamation to Director Olson . Mayor Wolosyn said I would like to thank you for bringing these things forward and bringing them to our attention, because you deserve the recognition . Thank you . 9 . Consent Agenda (a) Approval of Ordinances on First Reading ( There were no additional items submitted for approval on first reading. (See Agenda Item 11 .) ( COUNCIL MEMBER WOODWARD MOVED , AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 9 (b) (i), (ii), 9 (c) (i), (ii), (iii) and (iv). (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO . 24 , SERIES OF 2007 (COUNCIL BILL NO . 26, INTRODUCED BY COUNCIL MEMBER TOMASSO) AN ORDINANCE AUTHORIZING A "PURCHASE AND SALE AGREEMENT" BETWEEN XCEL ENERGY AND T HE CITY OF ENGL EWOOD , COLORADO . (ii) ORDI NA NC E NO . 25 , SERIES OF 2007 (COU NCIL BILL NO . 27 , INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED "CO NTRACT FOR UPGRADING HIGHWAY/RAILROAD GRADE CROSSING WARNING DEVICES UNDER FEDERAL SECTION 130 PROGRAM", PERTAINING TO THE INSTALLATION OF INTERCONNECT RAILROAD PRE-EMPTION CIRCUITRY AT DARTMOUTH AN D TEJO N IN TE RSECTIO N BETWEE N THE COLORADO DEPARTMENT OF TRANSPORTATION, THE BURLI NGTO N NORTHERN SANTA FE RA ILWAY CO MPAN Y (BNSF) AND THE CITY OF ENGLEWOOD , COLORADO . (c) Resolutions and Motions (i) Motion to approve a contract with Associated Pool Builders, Inc . for the purchase and installation of an ultraviolet dechloramination and disinfection system at Pirates Cove, in the amount of $36,400 .00 . (i i ) Motion to approve a contract with Norkol i Construction , Inc . for construction services for t no r repai rs of Serv ice /Support Fac ility Building 1 in th amount of $149 ,656 .00 . Englewood City Council May 7, 2007 Page 16 (iii) Motion to approve the purchase of one 2007 Freightliner, Model M2, cab and chassis from Transwest Trucks in the amount of $64,661 .00 . (iv) Motion to approve awarding a contract to Hartwig & Associates, Inc . for design of the Platte River Bridge Project in the amount of $235,449 .20 . Vote results: Ayes: Nays : Motion carried . Council Members Barrentine, Mccaslin , Moore , Wolosyn , Woodward, Tomasso , Oakley None 10 . Public Hearing Items (a) Mayor Wolosyn said this is a Public Hearing to gather input on Council Bill No . 25 authorizing the Swedish Medical Center Planned Development Amendment No. 6 . COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO OPEN THE PUBLIC HEARING TO GATHER INPUT ON COUNCIL BILL NO. 25 AUTHORIZING THE SWEDISH MEDICAL CENTER PLANNED DEVELOPMENT AMENDMENT NO . 6. Ayes : Council Members Barrentine , Mccaslin , Moore, Wolosyn, Woodward, Tomasso , Oakley Nays : None Motion carried and the publ ic hearing opened . Sen ior Planner Langon sa id I will be brief tonight. For your consideration is Council Bill No . 25 , a public hearing for Amendment No . 6 for Swedish Medical Center Planned Development. I have already presented , for the record , Proof of Pu . · ·::ition, that this Public Hearing was noticed in the Englewood Herald on April 6 , 2007 and also proof that the property was posted , per City requirements . Amendment 6 is a request by Swedish Medical Center for construction of a 40 foot extension , above the main entrance . That is located at 501 East Hampden Avenue . Th is was reviewed by the Planning and Zoning Comm iss ion and recommended favorably that the Amendment be approved . The current zoning of the expans ion site is w ith in the MU -R-3-B District. Under that Planned Development ord inance , there are two types of amendments possible . An administrative amendment that are small changes ... for techn ic al or eng ineer ing changes and then there is a broad catego ry of all other amendments and those amendments must be ma de under the same procedures that were appl icable to the initial approval of the Planned Development. Therefore, any reques t is under the same procedu re and that is why we are here this evening for the Public Hearing. Just for background, the original Planned Development, at Swedish Medical Center , was approved by City Council in 1989 . There have been a total of five subsequent amendments . Amendments 1 through 3 were for the medical office buildings , Amendment 4 was for hospital expansion and Amendment 5 created the current entrance at the hospital, with surgical suites above the entrance . That is the area where Amendment 6 will expand beyond there . The intent of the expansion is to provide medical/surgical beds in private rooms so that Swedish may remain competitive in the patient care market and also provide a patient focused facility . The reconfiguration from semi-private to private rooms through this part of the expansion , will create only 5 additional hospital beds . This expansion requires a 40 foot extension above the current 53 foot tall building, so that the overall building will be approximately 93 feet. That will be two levels occupied by private rooms and then an interstitial floor which is a mechanical and transit ional floor to help match the two buildings and connect the two buildings so that floor levels will be even when the expansion is completed . Under the Planned Development ordinance there are five conditions under wh ic h the amendmen t can be considered . The first is that the use be a permitted use with in the zone district and hospital use 1s a permitted use with in the MU -R-3-B dis trict. Second is that the use and the request be cons is tent with th Comprehensive Plan . The Roadmap Englewood : 2003 Englewood Comprehensive Plan recognizes that Swedish Medical Center 1s an anchor in the C ity 's economy . It recogn iz es that the hosp ita l will continue to grow nd 1t al or cognizes th t Swedish Medical Center is a catalyst for further redevelopment to the City . Third con 1d ration I to consid r the eff cts on th urround1ng area . The propos d expansion is located above the Englewood City Council May 7, 2007 Page 17 hospital's main entrance. It is fully on the campus. The setbacks are maintained . It is an opportunity for public comment evening and also there is an awareness of the public sentiment in favor of upward development rather than horizontal expansion . That was brought out during the Small Area Plan recently . Fourth is that landscaping requirements are met. The MU-R-3-B zone district requires a 25% total site landscape requirement. And Amendment No. 5 in 2001 ... at that time there was 27.33%. The degree of change is insignificant and still remains at approximately 27 .3%. And the last criteria is that the off-street parking requirement is met. The City's minimum requirement for Swedish Medical Center is 637 spaces and that is based on the number of beds and employees . And all told, between all Swedish's available lots and garage spaces, they have 2,458 spaces, which well exceeds the requirement. Therefore , staff believes that the overall Development Plan for Amendment 6 is consistent with the intent of the Comprehensive Plan and Plan Development requirements . Ms . Langon said if you have any questions , I would be happy to answer them, otherwise I will turn it over to Mary White, Chief Executive Officer of Swedish Medical Center and her team. Council Member Tomasso said if they were to put a green roof on ... the green landscaping on the roof ... would that count as a percentage on the ground? Ms . Langon said we actually have not had any offers of that from anyone ... whether from Swedish or others ... and we don't have that in the ordinance , but it certainly is something that we would consider as some type of alternative . And we have talked to other developments that are looking at it. Mayor Wolosyn asked if there were any other questions . There were none . Mary White, CEO at Swedish, said Tricia has done a great job explaining our project and I thank you very much for the five amendments that we have had over the years . If you have any questions I would be happy to ( answer them and we would appreciate your support of this amendment. Mayor Wolosyn asked if there were any questions . Council Member Woodward said I just want to make a statement that I believe it is 101 years now that Swedish has been in the community and that has been a great business ... a trauma one type hospital. And that amount of added beds with this expansion is five beds and it is upgrading and bringing the hospital into the 21 51 century and it serves the south end of the metro area . There is a big article in the paper. .. I think it was either this week or last, it's all blending together ... about how everything is moving out to Fitzsimons . And speaking, I think , now on our behalf and I think on behalf of a lot of the citizens of Englewood , that we really appreciate having Swedish in the community . Congratulations on your expansion . Mayor Wolosyn said thank you and thank you Mary . There was applause . Mayor Wolosyn said I would just like to second what Jim said. We are proud to have an organization like Swedish in our community. Thank you for everything you do. Mayor Wolosyn asked if there was anyone else who wanted to speak during the Public Hearing . There was none . COUNCIL MEMBER WOODWARD MOVED , AND IT WAS SECONDED, TO CLOSE THE PUBLIC HEARING TO GATHER INPUT ON COUNCIL BILL NO. 25 AUTHORIZING THE SWEDISH MEDICAL CENTER PLANNED DEVELOPMENT AMENDMENT NO. 6. Ayes : Council Members Mccasl in, Moore, Wolosyn , Woodward , Tomasso, Oakley Nays : None Absent: Council Member Barrentine Mot ion carried and the publ ic hearing closed . • •••• Englewood City Council May 7, 2007 Page 18 Mayor Wolosyn said since Ms . Barrentine is not here and the City Attorney has explained to me that we probably shouldn 't continue with the rest of the Agenda , let 's take a five minute break . We have to have all of us here to begin addressing the regular agenda . The meeting recessed at 9 :14 p.m . The meeting reconvened at 9 :21 p .m . with all Council members present. 11 . Ordinances, Resolution and Motions (a) Approval of Ordinances on First Reading (i) Director Fonda presented a recommendation from the Englewood Water and Sewer Board to adopt a bill for an ordinance authorizing an amendment to the 1990 Big Dry Creek Interceptor Agreement regarding fees . He said I will be brief. The Interceptor Agreement was arrived at in 1990 to increase the capacity of the Interceptor at that time and provide for repairs , and later for ongoing repairs and maintenance, which are substantial. We have completed all of the construction projects that required increasing capacity, therefore now the agreement requires that we institute the fees required for the maintenance . Studies were done to determine what the maintenance will be over the next , I believe , 15-20 years and we would institute the fees at this time . It would increase an average sewer account from 45 cents to $9 .00 . For Englewood residents however, though we will use our operation and maintenance fees that we collect anyway and just treat that as an expense to the Fund ... so the actual bills won't go up for those in the City , except for those that are in the South Englewood Sanitation District. Mayor Wolosyn asked if there were any questions for Stu . Council Member Woodward said I have one question . On the back here , it says the typica l residential customer will see their bill go up from 45 cents per year to approx imately $9 .00 per year ... wh ich isn 't much money ... bu t I wasn't very clear on , is this all of Littleton and Englewood wastewater users o r is it the Southgate , South Arapahoe , South Englewood and part of the City Englewood San itat ion D istr ict? Mr. Fonda sa id it is the latter . Mr . Woodward said okay, so it is just a part ... it doesn 't affect all . Mr . Fonda said Littleton is not part of th is. Mr . Woodward said but all of Englewood is? ... or just the south part? Mr . Fonda sa id just the south part that goes into the interceptor , but we treat everyone in Englewood the same and we j ust view that as an expense aga ins t ou r piping expense . Just like in Scen ic V iew , we would v iew that as a pip ing expense and we charge the entire g roup fo r the ma intenance of all of ou r li nes . So , the homeowners wo n't see th at in the ir b ills spec ifically . Mr . Woodward sa id o kay . Mr. Fonda sai d un less they a re in So uth Engl ewoo d Sanitatio n D istr ict. Mayor Wolosyn asked if there was any other discussion. There was none. COUNCIL MEMB ER W OODWARD MOVED, AND ITWAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (i) -COU N CIL B ILL N O. 24 . COUNCIL BILL NO . 24, INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINAN CE AUTHORIZI NG AN AMENDMENT TO THE 1990 BIG DRY CREEK INTERCEPTOR AGREEMENT REGARDING FEES . Vote results: Motion carried . Ayes : Council Members Barrentine , Mccasl in, Moore , Wolosyn , Woodward , Tomasso, Oakley Nays : None (ii) Housing Finance Specialist Grimmett presented a recommendation from the Community Development Department to adopt a bill for an ordinance approving and authorizing th xecut,on of , ( Englewood City Council May 7, 2007 Page 19 three Intergovernmental Subgrantee Agreements between the Arapahoe Board of County Commissioners and the City of Englewood for the 2007 Arapahoe County Community Development Block Grant Program . She said I am here this evening to request Council's approval of three Intergovernmental Agreements with Arapahoe County for our 2007 Community Development Block Grant Funds Program . Three programs were submitted with Council's approval last fall. They were approved by the County in approximately March of this year and the County has now generated the Intergovernmental Agreements . The three projects that were funded are Housing Rehabilitation Fund of $70,000 .00, $34 ,000 .00 were awarded to the House of Hope for staffing personnel and $55,000.00 for our Homeowner Paint-up/Fix-up Program that we have throughout the City . There will be a small reimbursement of Administrative staff, but primarily there is no other additional cost administratively to administer these funds ... existing staff will do so . And we'll be reimbursed slightly back to the General Fund with monies from the Block Grant Program . Mayor Wolosyn said before I open it up for questions , I would like to say that these Community Development Block Grants every year ... they are sort of in jeopardy from the Federal government, but here we can see the work that they do on the ground in our communities ... our dollars coming back to us on the Federal level. Mayor Wolosyn asked if anyone else had any questions for Janet. There were none . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SEC;ONDED , TO APPROVE AGENDA ITEM 11 (a) (ii) -COUNCIL BILL NO. 28. COUNCIL BILL NO. 28, INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF THE THREE INTERGOVERNMENTAL SUBGRANTEE AGREEMENTS (CDBG) FOR THE YEAR 2007 BETWEEN THE ARAPAHOE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF ENGLEWOOD, COLORADO . Vote results : Ayes : Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward , omasso , Oakley Nays : None Motion carried . (iii) Hous ing Finance Specialist Gr immett presented a recommendation from the Community Development Depart ment to adopt a Bill for an Ordinance authorizing an Intergovernmental Agreement between Ara pahoe Commun ity College for the Area Career and Technical School and the City of Englewood pertaining to the build ing of a single family resi dence in the 2400 block of South Zuni Street in Englewood during the 2007/2008 school year . She said I am here this evening to get Council's approval of another contract with Arapahoe Community College to build another home up in northwest Englewood using the students through the trades program that is through six high schools, as well as Arapahoe Community College themselves . The next project is scheduled on a parcel of land that was purchased a couple of years ago . That land is currently in the process for administrative review to be subdivided into four buildable lots and the next school years program will be built on one of those lots , as soon as the review is completed . The address at this time is officially unknown , but it will be in the 2400 block of South Zuni. Currently , this last years project is being fini shed up and is scheduled for completion on May 15th ... on the project that we had at 2360 South Zuni Street. And I want to be sure that Council is extended an invitation to the Open House that will be on May 16th at 4 o'clock in the afternoon, so we encourage you to come and see what we completed in this last school year and hopefully have approval to start the program in about August or the first of September on next years project. Mayor Wolosyn asked if there were any questions . Council Member Woodward said I just want to say that , you know , th is is such a great program and every year I think I probably say ... it is more than just the Com lll unity College , it is the high schools . And I remember the one y ar that th architect was a Junior in high school ... a young wo man from Sheridan High School ... and it is just Englewood City Council May 7, 2007 Page 20 very impressive what they do in a year and I think it really adds a lot to the community. You don 't see very many communities having the type of partnerships like this . I congratulate you on keeping this program going . Council Member Barrentine said it is a collaborative effort and the homes have been impressive ... the effort has been impressive. Ms. Grimmett said thank you. COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (iii) -COUNCIL BILL NO. 29. COUNCIL BILL NO. 29, INTRODUCED BY COUNCIL MEMBER TOMASSO A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN ARAPAHOE COMMUNITY COLLEGE FOR THE AREA CAREER AND TECHNICAL SCHOOL (ACTS) AND THE CITY OF ENGLEWOOD PERTAINING TO THE BUILDING OF A SINGLE FAMILY RESIDENCE AT 2400 BLOCK OF SOUTH ZUNI, ENGLEWOOD, COLORADO . Vote results: Motion carried . Ayes : Council Members Barrentine, Mccaslin, Moore, Wolosyn, Woodward, Tomasso, Oakley Nays : None Mayor Wolosyn thanked Ms . Grimmett. (iv) Director Fonda presented a recommendation from the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee to adopt a bill for an ordinance declaring the 960 acre farmland parcel in Arapahoe County as City of Englewood surplus and authorizing the sale of this property. He said we went over this in Study Session and we believe that the other farm we acquired will do the job and that this farmland may be disposed of and we would recommend that. Mayor Wolosyn asked if there were any questions . There were none. COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (iv) -COUNCIL BILL NO. 30 . COUNCIL BILL NO . 30, INTRODUCED BY COUNCIL MEMBER TOMASSO A BILL FOR AN ORDINANCE DECLARING THE 960 ACRE FARMLAND PARCEL IN ARAPAHOE COUNTY AS CITY OF ENGLEWOOD SURPLUS AND AUTHORIZING THE SALE OF THIS PROPERTY. Vote results : Motion carried . Ayes : Council Members Barrentine, Mccasl in, Moore , Wolosyn, Woodward, Tomasso, Oakley Nays : None (v) Director Gryglewicz presented a recommendation from the Finance and Administrative Services Department to adopt a bill for an ordinance approving the refunding of the Multifamily Hous ing Revenue Refunding Bonds (Marks Apartments) Series of 1996 by issuing Variable Rate Demand Multifamily Housing Revenue Refunding Bonds (Marks West Apartments) Ser ies of 2007 . He said this bill for an ordinance authorizes the issuance of Refunding Bonds on a portion of the Marks West Apartments ... west of the Civ ic Center. The reason these bonds are issued is to lower the cost of prov iding m id and low income rentals In the City . Th Ci ty does not actually take any responsibility for th is d bt. II is more of a conduit i suanc . We don't Englewood City Council May 7, 2007 Page 21 make payments, we just allow them to use our ta x exempt status . On the 21 51 of May between I and 2 P.M ., as required by the tax laws , there will be a Public Hearing on this issue . The City will also collect $12 ,500.00 fo r administrative expenses associated with this issuance . Mayor Wolosyn asked if there were any questions for Frank . There were none . COUNCIL MEMBER WOODWARD MOVED , AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (v) -COUNCIL BILL NO. 31 . COUNCIL BILL NO. 31 , INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF AN AMOUNT NOT TO EXCEED $11,200,000 VARIABLE RATE DEMAND MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (MARKS WEST APARTMENTS) SERIES 2007 OF THE CITY OF ENGLEWOOD , COLORADO FOR THE PURPOSE OF FINANCING A PORTION OF THE COST OF REFUNDING THE CITY OF ENGLEWOOD, COLORADO MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (MARKS APARTMENTS PROJECT) SERIES 1996; APPROVING AND AUTHORIZING EXECUTION OF A TRUST INDENTURE , A FINANCING AGREEMENT, PURCHASE AGREEMENT, INTERCREDITOR AGREEMENT , AND AN AMENDED AND RESTATED LAND USE RESTRICTION AGREEMENT WITH RESPECT TO THE BONDS AND THE MULTIFAMILY HOUSING PROJECT BEING REFINANCED WITH THE PROCEEDS OF THE BONDS ; MAKING FINDINGS AND DETERMINATIONS WITH RESPECT TO THE PROJECT AND THE BONDS ; AUTHORIZING THE EXECUTION AND DELIVERY OF RELATED DOCUMENTS ; AND REPEALING ALL ACTION HERETOFORE TAKEN IN CONFLICT HEREWITH . ( Vote results : ( Mot ion carried . Ayes : Council Members Ba rrent ine , Mccaslin , Moore , Wolosyn , Woodward , Tomasso , Oakley Nays : None Mayor Wolosyn said thank you Frank . ***** Mayo r Wolo s yn sa id the C ity Attorney tells me that the next th ree ite ms : 11 (a ) (vi), (v ii) and (v iii) w hi ch are Mutual Aid a g reements between the Ci ty of Eng le wo od w ith So uth Metro Fire , Ci ty of Littleton and the C ity of Sheridan respec ti vely, can be moved at o ne time . Chris Olson , Safety Services D irecto r and Ch ief Pattarozzi are here to present these. Director Olson said I just want to intervene real quickly and first of all, I want to thank Council for the proclamation earlier for declaring Police Week and a Police Officers Memorial Day. I didn't get a chance to say this before, but police officers are one of the more precarious positions you could hold in public safety in this country . The purpose of the Police Officers Memorial itself is now in Washington, D .C . so you may have gotten a chance to see it the last time you were out there . But, it does recognize those fallen officers that give their lives , essentially, to the public . We have a contingent of police officers , that hopefully, names will never be on that memorial, but still every day give their lives and put themselves in jeopardy to protect the citizens of this community . I do that as the Police Chief for the City, but secondly as the Fire Chief, I just wanted to preclude or go ahead of Mike here just a little bit. These Mutual Aid/Automatic Aid agreements have basically been something that the City of Englewood has participated in for almost 30 years . These are done with the communities around us . But they allow us the opportunity to share resources without having to be this self- contained City , where that is all that we rely on . So , by entering into these, we are able to disperse our resources w ith a little more cost efficiency and also provide a much better level of protection throughout this entire area . Mike has worked on these extensively and I will let him step forward and answer any other questions you may have . Englewood City Council May 7, 2007 Page 22 Division Chief Pattarozzi presented a recommendation from the Safety Services Department to adopt a bill for an ordinance approving an Intergovernmental Agreement for a Mutual Aid/Automatic Aid Agreement between South Metro Fire Rescue and the City of Englewood . He said I am the Operations Chief of the Fire Division and I am here before you tonight to ask for the passing of an ordinance to update our Automatic and Mutual Aid agreements with the South Metro Fire Rescue District, the City of Littleton and the City of Sheridan . As Director Olson has stated , these agreements have been in place for many years and it was just time to look at them to update them and make a few changes . Mayor Wolosyn said are there any significant changes that you would like to point out? Chief Pattarozzi said there are a couple of changes that I would like to point out. Prior to these agreements, there were holes in the coverage of the City of Englewood. After these agreements go into place, all of the City of Englewood will be covered by Automatic Aid agreements. Additionally, our responses into Littleton have not changed any . Our responses into Sheridan have not changed any. We will be going into a slightly larger area of the South Metro Fire Rescue District. (vi) A recommendation from the Safety Services Department to adopt a bill for an ordinance approving an Intergovernmental Agreement for a Mutual Aid/Automatic Aid Agreement between South Metro Fire Rescue and the City of Englewood was considered. COUNCIL BILL NO . 32, INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA) FOR MUTUAL AID/AUTOMATIC AID AGREEMENT BETWEEN SOUTH METRO FIRE RESCUE AND THE CITY OF ENGLEWOOD, COLORADO. (vii) A recommendation from the Safety Services Department to adopt a Bill for an Ordinance approving an Intergovernmental Agreement for a Mutual Aid/Automatic Aid Agreement between the City of Littleton and the City of Englewood was considered. COUNCIL BILL NO . 33, INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA) FOR MUTUAL AID/AUTOMATIC AID AGREEMENT BETWEEN THE CITY OF LITILETON , COLORADO AND THE CITY OF ENGLEWOOD, COLORADO . (viii) A recommendation from the Safety Services Department to adopt a Bill for an Ordinance approving an Intergovernmental Agreement for a Mutual Aid/Automatic Aid Agreement between the City of Sheridan and the City of Englewood was cons idered . COUNCIL BILL NO . 34 , INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA) FOR MUTUAL AID/AUTOMATIC AID AGREEMENT BETWEEN THE CITY OF SHERIDAN AND THE CITY OF ENGLEWOOD , COLORADO . COUNCIL MEMBER WOODWARD MOVED , AND IT WAS SECONDED , TO APPROVE AGENDA ITEMS 11 (a) (vi), (vii) and (viii) -COUNCIL BILL NOS . 32, 33 and 34 . Motion carried . Ayes : Council Members Barrentine , Mccasli n , Moore , Wolosyn , Woodward , Tomas so , Oakley Nays : None Mayor Wolosyn said thank you both . We do realize how much you do and it Is nice to know that we are ail fnendly neighbors in this end of the metro area . Englewood City Council May 7, 2007 Page 23 (b) Approval of Ordinances on Second Reading There were no additional items submitted for approval on second reading. (See Agenda Item 9 -Consent Agenda.) (c) Resolutions and Motions (i) Director Gryglewicz presented a recommendation from the Finance and Administrative Services Department to approve a resolution for a Supplemental Appropriation to the 2006 Budget for the Various Funds . He said this is a supplemental appropriation to the 2006 Budget. As you know, often times all of the bills and all of the allocations are not done until later in the year . But as Council knows, all funds need to be expended and approved by Council, so this is a supplemental appropriation of the General Fund, the source of the funding for these additional expenditures, were $140 ,551 .00 from the Fund Balance . Reimbursement from the developer is $102,000.00 and Recreation Program Revenue-Pirates Cove was $80,000.00 for a total of $322,551 .00 . The uses of those funds ... Public Works, as you know, had additional snow costs and those were $50,000.00 and were put into the common area maintenance. For Parks and Recreation-Pirates Cove personnel and concessions $123,000.00 . Parks Division had more water usage than planned ... that was $30,000 .00. In the Library some insurance costs were incurred, but not budgeted and those were $15,000 .00. And also Contingency for the Golf Course Redevelopment to the southwest was $102,000 .00 and Debt Service, we had agent fees, $2,551 .00 . In the Donors Fund, we had from our Forfeiture Funds, we had $96,000.00, was the source funding and the use was the computer aided dispatch system for the same amount. And the Parks and Recreation Trust Fund , the source of fund was interest income of $600 .00 and that was used for scholarships . Pavement District No. 35, again interest income in the amount of $200.00 and the use of that was ( interest on inter-fund loans . In our Concrete Utility, from the source of funding was retained earnings of $30,000 .00, the use of funds was for Capital Outlay of again , $30 ,000 .00 . And in our Central Services Fund , the source of funding was interdepartmental billings of $8 ,000 .00 and we use those for cost of goods sold. And that is the 2006 additional expenditures . Mayor Wolosyn asked if there were any questions for Frank . Council Member Woodward said I just wanted to point out, reiterate, that under the Golf Course Redevelopment costs , this $102,000 .00, was reimbursed 100% from the developer ... Miller Weingarten ... and so that is actually zeroed out there . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (i) -RESOLUTION NO. 44, SERIES OF 2007. RESOLUTION NO. 44, SERIES OF 2007 A RESOLUTION APPROVING A SUPPLEMENTAL APPROPRIATION TO THE 2006 BUDGET FOR THE VARIOUS FUNDS . Vote results : Motion carried . Ayes : Council Members Barrentine, Mccaslin , Moore , Wolosyn , Woodward , Tomasso, Oakley Nays : None Mayor Wolosyn said thank you Frank . ( (ii) Director Kahm presented a recommendation from the Public Works Department to approve a resolution authorizing a negotiated extension to the 2006 micro surfacing contract for the 2007 micro surfacing program . Staff recommends awarding the contract to Broadaway Holdings LLC in the amount of $611 ,832 .00 . He aid it has b en ome time since I talked to you about the state of the C ity 's treets . On April Englewood City Council May 7, 2007 Page 24 2"d we had a Study Session and had a discussion that this year 's program needed to consist of a combination of microsurfacing , cape seal and overlays . To accommodate the needs for this year , Council did a supplemental appropriation on April 161 h and added an additional $550,000 .00 to the Public Improvement Fund to take that Fund up to $1,400 ,000.00 which we felt was necessary for the first year of a four year program . Microsurfacing is an i~ortant tool in maintaining and extending the longevity of our street system . When I talked to you on April 2 , we talked about problems we experienced last year on South Broadway with microsurfacing . At that time we didn 't have answers . We were in the process of doing some lab work in Mississippi and I suspected that the additive that we used, as a catalyst in the product , possibly was our issue . Since that time, we have completed that research and concluded that , in fact, the additive that was used in our test section before we did our project, in Louisiana, and the additive that was used here was identical. And that was not the issue . We pursued other courses. We started leaning towards temperature and because last fall was cool and normally we have done microsurfacing in the spring, which allows us the bell -curve of warmer months in May and June , July and August for the product to cure . Because we had two issues , one that the product didn't want to properly set up and second of all , it was very tender and through the snow processes on South Broadway last year, we took quite a bit off the surfaces . We continued to lean toward temperature . However, over the last several days we have been laying that product at the Servicenter ... a product with Ergon at temperatures of 40 degrees and the product breaks . You can walk on it in 7 minutes and drive on it in an hour. So the temperature last year was not the issue. So, we continue to pursue that. We had some other testing that was being accomplished and concluded that the issue really was, that the additive which was manufactured in New York, while it worked fine in the lab and worked fine at 100 degrees in Louisiana, it doesn't like cold water. And so, what was happening when it was cut back three to one last year so that it could be used in the product, it wasn 't going into the solution properly. And that was caus ing us to get a lot of irregularities . Not only does it not like cold water or distilled , it doesn't like Englewood water . When we used the same product and with distilled water, we had much better luck in the lab ... it stayed suspended . So I just wanted to set your mind at ease that the issue wasn 't our contractor last year . Broadaway Hold ings has worked here successfully for 18 years without any problems at al l. And as I mentioned before , if they were the problem we would have dealt with it, but they are not. We are back to using them , because last year we went to bid because we had other contractors from out-of-state that were interested . When it was all said and done, Broadaway Holdings was still the low bidder and we have a provision that allows us to extend that contract and we think that is in the City's best interest. We have gone back to using emulsion from Ergon from Texas , because that is the emulsion we used for 17 years without any problems at all . I have a sample of laying it and it is working just perfectly fine . So I am confident that we have a good product. We are asking that you would approve this resolution that would allow us to enter into this contract for microsurfacing . Mayor Wolosyn asked if there were any questions . Council Member Barrentine said that was because our water was of such high quality, correct? Mr. Kahm said we don't know that, we just know that it liked the distilled water a lot better. Council Member Woodward said I do have a few questions . As I recall and as I remember last fall, we didn't complete all the work on Broadway? Mr. Kahm said that is correct. Mr. Woodward said and yet, I don't see that work on here. Mr. Kahm said that is because we have elected ... we, the staff ... have evaluated that and because of the uncertainties we have elected to ... in-house ... to put a thin overlay on Broadway instead . Mr. Woodward said so we are ... in-house ... overlay . Mr . Kahm said we will take advantage of the fact that microsurfacing was successful in filling the ruts and it protected our streets through the winter and we will overlay this year down to Tufts. The contractor will ... even though I don't believe he has any fault. .. he will pull the through lanes from Tufts down to Belleview this year at his cost to make sure that we get through this winter . Then next year, after the median project is completed this fall, next year we will go in and finish overlaying on down to Belleview. Mr. Woodward said okay, that was part of my other question, because during the study session I had asked about a warranty and did feel that the contractor does have some ... they are the professionals, so they would have had some responsibility there . Mr. Kahm said they have offered to do that , yes . Mr. Woodward said so they are taking care of that. The other question that I had , and maybe it doesn't matter now since you said the weather doesn't matter, when are we starting ... when are we going to do this work ? Mr. Kahm sa id w can start this work as early as the end of this week ... which is typically when we have done it all these years ... in May. And the key b Ing that it does , when the ch m istry i work ing. it breaks qu ite ( Englewood City Council May 7, 2007 Page 25 rapidly and even in cold temperatures ... even this morning at 44 degrees ... we could walk on it, we could dr ive on it in an hour and not leave a mark on it , so ... if the chemistry is working that gives us the benefit of having the warm months of June, July, August and even into September to cure it. Mr . Woodward said yes, and I said it last year, when I really looked at it and watched it in 2005 ... it isn't pretty, but it sure seemed to be effective . Mr . Kahm said it does the job . Mr. Woodward said in filling those ruts from the two tires, it just really seemed effective and even going when it is wet now and looking at that Quincy north , it is great. Mayor Wolosyn asked if there was any other discussion. There was none. COUNCIL MEMBER OAKLEY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (ii)· RESOLUTION NO. 45, SERIES OF 2007. RESOLUTION NO. 45, SERIES OF 2007 A RESOLUTION AUTHORIZING AN EXTENSION TO THE 2006 MICROSURFACING CONTRACT FOR THE 2007 MICROSURFACING PROGRAM AS A NEGOTIATED CONTRACT FOR ENGLEWOOD'S 2007 MICRO- SURFACING PROGRAM INSTEAD OF THE COMPETITIVE BID PROCESS UNDER SECTION 116 (b) OF THE HOME RULE CHARTER AND SECTION 4-1-3-1 OF THE ENGLEWOOD MUNICIPAL CODE 2000 . Vote results: Motion carried . Ayes: Council Members Barrentine , Mccaslin, Moore, Wolosyn, Woodward, Tomasso , Oakley Nays : None (iii) Director Kahm presented a recommendation from the Public Works Department to approve a resolution authorizing a negotiated contract for the 2007 Cape Seal project. Staff recommends award ing this contract to A-1 Chipseal , the only available qualified local Cape Seal contractor, in the amount of $273 ,695 .00 . He said in the instance of Cape Seal, this is a product that consists of a chip seal that isn't popular with anybody because it throws chips and has a loose product , but covered with a slurry. It is a product that we experimented with initially in the late 1980s and we didn't do much with it. We were really impressed with that product, with a combination of chips and slurry, but we didn't pursue it, because at that time there was no contractor in Colorado doing cape seal. So what we were doing is actually having Arapahoe County put chips down for us and then used our slurry contractor ... and that was , again , Broadway Holdings ... to put the slurry on . Because it was a two step process , by two different contractors, it was extremely expensive and we were impressed with the outcome . What has happened to us in the last three years, A-1 Paving was in the chip business back for the past 35 years, A-1 started doing cape seals about three years ago . And they were do ing it very quietly ... we didn't even know they were in the business. We ran into some of their work down in Parker this last year. And , they are, in fact , the only contractor in Colorado that is doing a cape seal. They are the only one capable of doing chips and then following up with a slurry . We talked to some other contractors that think they may be in that business by next year, so by next year there might be a competitive market. However, we worked with A -1, they were willing to negotiate . You w ill see in the packet that they actually gave us a quote of about 40 cents a square yard less and they were the low bidder in Denver. So, they have actually given us a quote considerably less than what they bid in Denver. We are excited about that. You will notice that, if you were to go back to my four year plan, I am actually spending a little more money on cape, because it came in just a little ... about 10% higher than micro ... and I am spending a little bit less on micro, because it came in about 5% less than I was expecting for this year with the increases in asphalt. So, we would ask for that resolution to go into that contract. Mayor Wolosyn asked if there were any questions for R ick . Council Member Oakley said I have a comment. I was fortunate enough to be able to go to Parker with Mr. Kahm and Mr . Montgomery to see the product that was put down out there last year by A-1 . It is a very impressive products. I believe his will be something we will be very pleased with . Englewood City Council May 7, 2007 Page 26 Mayor Wolosyn said thank you . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (iii) -RESOLUTION NO. 46, SERIES OF 2007. RESOLUTION NO. 46, SERIES OF 2007 A RESOLUTION AUTHORIZING THE NEGOTIATION AND AWARD OF A CONTRACT FOR ENGLEWOOD'S 2007 CAPE SEAL PROJECT INSTEAD OF THE COMPETITIVE BID PROCESS UNDER SECTION 116 (b) OF THE HOME RULE CHARTER AND SECTION 4-1-3-1 OF THE ENGLEWOOD MUNICIPAL CODE 2000 . Vote results: Motion carried. Ayes: Council Members Barrentine , Mccaslin, Moore, Wolosyn, Woodward, Tomasso, Oakley Nays : None , Mayor Wolosyn said thank you Rick . ***** Agenda Item 7, Recognition of Unscheduled Public Comment, continued. (m) Jared Evy, an Englewood resident, said thank you Swedish and the Fire Fighters and everybody for your patience and thank you so much the men and women of the Englewood Council. I live right across from the park in question ... Jason Park ... and I've got to tell you I was shocked to hear that there were complaints about the park and the wild rumors running amok about the dog people ... where that somebody had an issue with eating a sandwich . From when my wife and I first lived in Englewood, it is a whole lot better than what was on the menu in 1999, which was goose poop and meth. And, I feel that since the park has become a more popular place for dog owners , that the neighborhood has become a better place to live . In 2002, I wasn't adept at what was going on in local City issues and then another park was closed. I walked out on my front porch and I thought there was a Subaru rally across the street. I had no idea what was going on and they were people bringing their dogs to Jason Park . And, I was really overwhelmed by the fact that this is an issue, because that reminds me of something my father would say ... if it ain't broke , fix it until it is ... lt seems to me that this park represents what is best about, not only Englewood , but society in general. As a Council, you don't have to do anything and the enlightened citizenry bring the dogs to the park , take care of themselves . I have not seen problems except one time my little puppy that I took over there and a dog was aggressive with him ... and a woman suggested, you know what , I'm just not coming back ... l 'm going to go to the Corral. There seems to be a nice divide there . If you have a dog that has some issues, it goes to the Corral, but the park has been an excellent place. What I have seen perfectly between picnickers and people playing football ... just like last Sunday and kids were playing in the playground like my little nephew that I take over there and the dogs playing in the park. To me it is remarkable that this would be an issue. I understand, as Council members, when someone doesn't like the status quo I am sure you hear a lot more from them than those who do and I think there is an expediential amount of more people who like what is going on at Jason Park . And you have this enlightened citizenry, as I said, that is taking care of each other and the park, which is clean . I've got to say that the other night I was at the park about 8 o'clock ... there were some kids over there who smelled like they were made of marijuana and on fire, and it was good that I was there with my dog with some other people, because we were able to engage in conversation with these kids and talk to them . And they could see without any threats or anything being said, they could see that we really cared about our community . They needed to find somewhere else to cause trouble or reek havoc if that was indeed their case . I love Englewood . As I said, things are getting better . Starbucks is here , although I am suspicious of their addictive powers ... it looks good . Subway ... and I've got to say ... Headed West. I mean their new motif is a whole lot more classy than the ominous burn of the cigarette king . So, I like what is happening here and Jason Park represents what is great about the City and the best part ... nothing has to be done . You don't have to do anything . I will buy you guys a gift card to hang out for twenty minutes at Starbucks while nothing is done and things get better in the City, b caus that is what is happening at Jason Park . I greatly appreciate the time here and I greatly ... once Englewood City Council May 7, 2007 Page 27 again ... appreciate the City because my wife and I are about to have a baby at Swedish, get a special room or something, I don't know. And then, our neighbors are about to have a baby and behind us on South Inca they are going to have a baby. Now many of my friends, as soon as this cycle happens, they get crazy, they buy a big house in Highlands Ranch, but we aren't going anywhere . My wife and I are going to dump 60 or 80 grand in a remodel renovation that every realtor in town has told us not to do because the neighborhood can't hold the value, but we are confident in Englewood that it can hold the value . One of the reasons that we like it so much is because that dog park attracts the good quality citizenry that it does and keeps the neighborhood in a clean stable fashion without the issues we had before it became a popular dog park . One last final comment is that I do feel that there has been a bit of a cynical breach of the honest discourse between Council and constituency in the way this argument has been framed with the hours of the park between 6 and 10 or no dog park at all . I mean the drug dealers we were having trouble with, their hours weren't between 6 and 10 . I don't know their hours, by the way, I don't know, but we are there all the time to maintain the neighborhood as it is ... a beautiful neighborhood . I love the work you do and I thank you so much, because this dog park represents the best of Englewood and what America has to offer. Thank you. There was applause. (n) Matthew Evans, an Englewood resident, said it is tough to follow my neighbor there and his great speech. We also live right across from the Park . When my wife and I relocated here from Iowa, we had an apartment in Englewood ... and we love the community ... but when we decided to buy a home we looked at a lot of different areas ... Highlands Ranch, downtown, closer to Harvey Gulch . But our decision was made very simple by the Park and the fact that it was an off-leash park , made the neighborhood a better place, a prettier place and we decided to get our dog . The one thing ... l want to be brief because I know a lot of you already spoke about this ... I think what we fail to look at too is how much the park and the off-leash system boost the economy. We have friends from Highlands Ranch that come up at least twice a month on the weekends, bring their dog, we go to Starbucks and to Jamba Juice beforehand , we go and spend an hour at the Park and half the time we go and get something to eat afterwards . People are coming from out of town to the Park because it is such a wonderful place and it is something that we greatly value . And, it needs to be available on the weekends so that people can come. Lastly, I think Jason Park allows for kids and dogs to interact. I am very sorry for the complainer's misfortunes . We have a yellow Lab . We go and I love when the soccer games end and the kids walk by and they approach our dog and they are able to pet the dog . I haven't been as vocal as I should be and I will be from now on . If the Park is available and stays the way it should be ... because it is important for all of us who do have dogs there to make sure we stand up for that right and make sure that kids can come and play and be safe . As Jared said , we are expecting a child after living there three years . I am very excited to take my child and our dog over to the Park , play with other dogs , play with other kids and keep it a safe place . Thank you . There was applause . (o) Da ryl Estes, an Englewood resident, said I am here this evening for actually a couple of issues ... one of them being Sinclair Middle School. It is getting ready to close here pretty quick. On May 31st from 7 to 9 p.m . there is going to be a celebration ... come help send Sinclair out in style. I encourage everybody from Council, from the Englewood staff and community to be there . Once again it will be May 31st from 7 to 9 p .m . and there will be some more information that is provided to everybody. We are going to be at Sinclair Middle School, 300 West Chenango Avenue . Why ... to celebrate a milestone for Englewood history with the retirement of Englewood M iddle School and the Sinclair Saints . Addressing your appropriate era, if anybody was a part of being a Saint. Families are welcome . There will be food and beverages and enterta inment. There will be a silent auction of some of the memorabilia ... and the stuff of the Sinclair Saints . One of their sayings is "when the Saints go marching in, oh when the Saints go marching in, oh how I want to be that number, number one , when the Saints go marching in". It will be $1 .00 per person to eat and enjoy the evening or $5 .00 per family . As far as the dog park, if we could go back to 1999, I th ink everybody would be a lot happier ... all of our parks were off-l eash . And why Council made a decision at that time to take away our rights 1 to have the opportun ity to walk in the parks , w ith in the C ity of Englewood ... there was no issues . Louis \ Parkinson was a very good friend of mine ... he was the Mun icipal Judge ... and he told me, he says "no blood, no foul ". And if it is a rule , well maybe it doesn 't apply but if it is a law, it applies to all parties . I would encourage everybody to come in ... l kind of see halos over everybody's heads and that is one thing about being a Sinclair Englewood City Council May 7, 2007 Page 28 Saint. Join us for the celebration and join us down at Jason Park . It is a good time for all ... and Belleview Park and all of them, bring them back . There was applause . (p) Frank Atwood, a Littleton resident, said for the past month I have had the pleasure of driving past the Headed West murals rather than seeing sporadic tagging graffiti. I suggest City Council approve a motion to waive or suspend the signage fine the same way you have waived the $300 .00 banner setup fee for Englewood Days and return to this issue if there is further significant public discussion . First ... the physical problem and its solution . The problem is graffiti and how to minimize tagging. These murals have solved the problem . The store owners have gone from expensive over painting sporadic graffiti twice a week to murals that have stayed intact for a month . Congratulations to Headed West. You have solved the problem . City Council please consider being business friendly and congratulate him . Emotionally the fear is, does this change the local drug culture drastically? Headed West has been in business for four years, the murals have been up a month and neither event has drastically changed the local drug culture . My evidence is this is a sign appearing at City Council brought by Code Enforcement and not a criminal issue brought to you by law enforcement. I would like again to emphasize what the physical problem and solutions have been . The problem was graffiti and how to minimize tagging and these murals have solved the problem . I have confidence Englewood City Council concurs with Headed West's efforts to minimize graffiti and tagging here in Englewood and will waive or suspend any signage fines during Council Members Choice . Thank you . There was applause . Mayor Wolosyn asked if there was anyone else who would like to address Council at this time . There was none . 12 . General Discussion (a) Mayor's Choice (i) Mayor Wolosyn said first I want to address the manner in which this issue, the off-leas dog park , came forward . I think there is some misconception . Two people in the community spoke sev e I weeks ago ... one for and one against and then three Council people up here addressed it and my job as Mayor is to set agendas . I did raise the question of, should we address this now or should we wait for it to continue to escalate through the summer? As I think all of you know, we have had this before and I thought it is better if this is out there to address it. I am the person who put it on the Study Sess ion agenda. And everything from then on was in public . You have to understand that we have new Council people who have every right to hear the issue fully and bring to the table their own opinions . I think that is really an important th ing to cons ider. That is really all I want to say right now about that. I regret that there was any k ind of misconception of about how th is got on the agenda . I deeply regret it. (ii) Mayor Wolosyn said the next thing that I would like to br ing up is the fact that RTD art shuttle ... you might have seen the article in the Denver Post the other day. It is currently funded by 10% from Englewood , 10% from RTD , 60% from a Federal grant...CMAQ Grant...Congestion Mitigation Grant. It was a four year pilot program and comes to a close at the end of September. This has been highly successfu l. We have had 200 ,000 riders in 2006 alone . We are very interested in keeping it going and in much the same capacity as possible. I made a presentation to the RTD Board last week and it was favorably received . We are currently working on trying to, as I said, keep this going . It will require extra funding from both RTD and Englewood . We will keep you posted as negotiations continue . (iii) Mayor Wolosyn said I also want to thank the BID and a couple of individuals and other organizations who wrote letters of support for the art shuttle as well as departments who helped ... Community Development in particular. (iv) Mayor Wolosyn said I want to bring up ELA's presentation . I know we have $1 ,000 .00 we left in Aid to Other Agencies for just ind ivi dual applications, sort of a Contingency Fund . Frankly , I would like to give $500 .00 of that , but I am open to this . I would like to g ive them $500 .00 as I think it is great that they are going to th is level in Tennessee. I am quite impressed actually . She asked for Council's op ini on . I Englewood City Council May 7, 2007 Page 29 Council Member Woodward said I am in agreement with that. I think ELA is a great school and the School District and the schools have been supportive of us with bringing youth to Washington, D.C . with the cost associated with that. I am just all for youth doing that type of thing . Council Member Mccaslin said I would like to say that my wife is Principal at Bishop Elementary and she comes home and tells me all the horror stories and how she is trying to make Englewood different and this is where we have to let Englewood shine and get these kids out there . I grew up in Englewood . I did all right. .. I made it. But I really want to support this community, because if we don 't support our school system then people aren't going to move here . To me that is important, because I was born here and I'm going to die here ... so you are stuck with me for the next, hopefully, 30 years. I really do appreciate what they have done and hopefully that even the citizens can maybe chip in some money. I do support that also. Council Member Barrentine said I had a chance to volunteer for a similar program at my son's school and I was very amazed at the amount of volunteer time that goes into any after school program and there are finances connected with any worthwhile project and it really shows well for Englewood in a time that we really need that support for the schools, as well and their successes . MAYOR WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE DONATING $500.00 FROM THEIR CONTINGENCY FUND TO ENGLEWOOD LEADERSHIP ACADEMY TOWARDS TRAVEL EXPENSES FOR THE DESIGNATION IMAGINATION COMPETITION. Motion carried . Ayes : Council Members Barrentine, Mccaslin, Moore, Wolosyn, Woodward , Tomasso, Oakley Nays: None Mayor Wolosyn said thank you Council. I will call them tomorrow and let them know . (b) Council Members' Choice (i) Council Member Barrentine : 1. She said congratulations to the ELA students again and with Destination Imagination, that is a tremendous accomplishment to reach that level. Good luck to them . 2. She said I want to thank the owner of Headed West. I had the opportunity , Michael , to go out and spend some time over there to talk to him about the mural , why it went up and about his assoc iation with the C ity . While we were there , it made it ve ry d ifficult to talk to hi m , because cars kept driving up , taking pictures an d talkin g about th e mu ral. So I made him go back in so that we weren 't dist racted . I saw the fe nce , I saw the amount of power washing that has been done, both to the fence and to some portions of the building and the back as well. I am sorry that our graffiti problem has reached the level that it has . Council just recently undertook the issue of graffiti. .. under the kind of broken windows approach used in Denver ... limiting that to the three days ... not so much to try to make the business owners then, partners in crime with the vandals, but that, that was the only thing we had control over in order to try to start addressing it. Our Director of Safety Services, Chris Olson, is in the process of trying to put together a graffiti task fo rce . This young m an who spok e did a wonderful job . I appreciate w hat yo u ha d to say . Hopefully, we can work in partners h ip in doing some more creative things in addressing this problem . It can really tear a community dow n and as you already know, it can be a huge expense to a business . Thank you for spending the time . I appreciate the other comments that I ended up hearing from people about the art aspect. 3. She said while I have been on Council since 2003 and for those of you who remember ... and there are several of you in the audience ... a hot issue during campaigning in 2003 were dogs ... only a different park . As soon as Bates/Logan Park went back on-leash ... Jason Park had issues as well. Those were brought up and we had a lot of people come and discuss the issues and problems that were going on and the decision at that time was made to go ahead and wait. It was also In the middle of trying to decide whether to go ahead and do a dog - specific park . It was hoped at that time that the dog -spec ific park ... now the Canine Corral , which has been Englewood City Council May 7, 2007 Page 30 built ... I am sorry to hear that there are some new problems that it is not adequate to a certain extent. .. but , the park was built in order to try and take that off of Jason. And I wish it were amicable to try or at least I understood that we would go ahead and try and wait and see whether that was successful or not. My concern ... and I appreciate that all of you guys have come out, several of you talked to me ... l appreciate that you understand the differences of opin ion in here . Jason Park is a park for the entire City . It is just as much my park on Pearl Street as it is for the people across the street and apparently it is for some Denver residents who come in . But, I took the time to go around and talk to people and when I knocked on the door , I didn't know whether I was going to knock on somebody's door who wanted that park to stay on -leash or off. The vast majority of people that I have spoken to do not want that park to remain off-leash . One of the concerns that I have, as I sit here and listen to the testimony ... to your presentation that you guys give, is the dismissal , to a certain extent, of the people who have a problem with what is going on . And I hope regardless of what happens that as one gentleman brought up, that you are going to be more diligent when you see people not do what they are supposed to do . Over the last two weeks I have spent four different times at the Park for a minimum of at least 15 minutes . I read the signs . There are rules up there already. There are limitations on there . They are not being followed . They are not, not being followed by everybody, but they are not being followed by enough people to be somewhat disturbing to me . I think that the people who have a concern ... like the gentleman brought up ... who want to have a picnic, don't have it on the ground . We shouldn't limit people that way. It shouldn't be . Jason Park is not a dog park. Jason Park is a park and regardless of what happens, if it stays an off-leash, then I would really expect that the people would go ahead and make a real effort to hold everybody accountable to the rules that are on there, so that it can be used by everybody . And that is what I have to say. Thanks . Mayor Wolosyn said thank you . (ii) Council Member Mccaslin : 1. He said I got a lot of e-mails and phone calls in the last week and a half. And I apologize to those people that I didn't get back to, but I have two other jobs ... I'm a teacher and a referee so I make a lot of decisions every day . I know the dog issue is very, very passionate so I don 't want to make a rash decision , to be honest with you . I went to Jason Park and I sat there in the morning before I went to school. I sat there from 7 to 7:45 a .m. I talked to one lady who had two dogs out there . And then I went down to Jason Park in the evenings and talked to people , so I'm trying to get the whole story . Mak ing a decision is not just hearing your group , but it is also hearing the other side's group . And there was a brochure that was put out that kind of ... nobody talked to me about it , but it said ... oh here is where Mr. Mccaslin stands so he could go either way . Well , you as a citizen call me . If you 've got questions and want to know where I stand , call me. Don't be afra id. You e-ma iled me. Please let me know . I'm sorry I didn 't get back to some of the people , but I want to make the right deci sion and I don't th ink you can make it in one night. I think we have to sit on th is issue . T here are compromises , there are ed uc ati o n iss ues a nd the re a re th ing s t hat we can do . He y , I'm a dog owne r. I lov e dogs . So I am with you dog people, but I want to hear from the other end . I just want th e input and if it is 500 to 5, I'll know what my decision is . So let me hear from the other side . And I think it is unfair ... you know I got e- mails saying ... well I am not going to vote for anyone again on Council who votes against off-leash . Well , that was almost a threat to me. You know it is re-election time . I'm a human being and I make decisions every day . I teach emotionally disturbed kids . I make hard decisions every day. As an umpire and referee for 36 years , I made hard decisions . I appreciate you ... I am also a passionate man, I have feelings , so please in the future , let me know . And if I didn't get back with you, call me again ... bug me. E-mail, it is easier to e-mail me at school, because I can't answer the e-mail at the City . I haven't figured it out. .. l'm not too good about that. I just wanted to state my position . I was on the fence , I guess , and maybe the brochure said well, he could go either way . I probably can, but I do understand your position . I just want to hear the other side . I think it is fair . That's all. 2 . He said I want to thank Gary. I put In a Council Reques t...l 'm on the Keep Englewood Beautiful Committee and we are doing an education about how the City of Englewood ... what we do for the env ironment. It has taken awhile, but all of the Department heads are putt ing together all the ir plans about how they have helped save energy . I appreciate all the effort that everyone has do e in the City. It is a great City, like I said , I will b around ... so you have to live with me . Thank you . I Englewood City Council May 7, 2007 Page 31 Mayor Wolosyn said I want to piggyback on what you said about the one from Public Works ... the report on energy was so thorough and interesting. I am glad that we still have those dual fuel things. I thought we had sold them ... so I'm glad we still have them, right? (iii) Council Member Oakley said I want to thank the Mayor for explaining some of this stuff that came up, that may put a slightly different light on things and it may not. When I was campaigning for Council in the fall of 2005, I walked the entire District. And during that time, around Jason Park I did have a lot of people issue concerns about Jason being an off-leash park . I didn't bring it up that time ... I just listened to them and put it in the back of my mind. And I didn't know enough about how the City government worked on this side of the table to comment. So time went by and I received more calls about it and I still didn't bring it up and that was my job and I felt bad about it that I didn't bring it up. But at that time , I didn't think there was enough of it. I'll admit that. But when the two people came and spoke before Council and Olga put it on the agenda and at the next Study Session I decided to go ahead and speak up from what I had heard in the past. And real fortunate for me, I was the one quoted in the paper ... of all the comments that were made that night. And so, that was how a lot of this got started. So with that, I received probably at least two dozen phone calls in the last week and an equal amount of e-mails and I too apologize, but I am sure you realize that I couldn't respond to all of them. Of course, I took time to talk to everybody who called me on the phone . So that is why I prepared a statement here tonight to read in response to the people that I couldn't get back to. And I hope you will take this with the spirit that I am about to say: "After the April 2nd Study Session and your article in the paper, I've been known as the grumpy old man down on the end who hates dogs . And I think he hates the flag, apple pie and motherhood. Well obviously that is not true. I love the flag, I eat too much apple pie and even I had a mother. As to the dog issue, I can assure you that I am not a dog hater. I am, in fact, a dog person ... being around dogs all of my life. I do not have a dog at the present, but I baby sit my kids' dogs the same as I do my grandchildren . That being said, there are a lot of people out there that simply do not care for dogs for one reason or another. Some people are afraid of dogs, some find them annoying and others think they should be more rigidly controlled. This doesn 't me a:i that these folks are bad people . Nor should they be criticized for their feelings . The majority of people who have sent me e-mails and called my residence have been very thoughtful in voicing their support for Jason Park to remain an off-leash park. But some were a little more pointed and said the following and I hope some of these people won't object to my quoting them . The following are some quotes: "Recently I heard that a few residents down at the park have complained about the park being an unleashed park . There are always one or two residents who are complaining about things even when there is nothing to complain about." And another said "I heard that some of the neighbors complain about the dog park, but they will complain about many things because they live close to such a busy area". Still another said "please don't make the mistake and close Jason Park due to the noise of a few cranky individuals". End of those quotes . Then we move on to the comments I received about Canine Corral. Now this is ... you have to understand, a very short amount of the number of comments I got. "I heard about Canine Corral. Regardless of the fact that the City recently opened a park nearby, Jason Park is far superior and should remain open." Another says : "I don't think dogs should be banned from Jason Park. You say damage is being done by having a dog around when it is really the humans . I understand there was a dog park put in another park, but it is not big enough and there was not a chance for grass to grow so there is none and will be none . The enclosed area is not large enough for dogs to be comfortable, but it has lowered the number of dogs at Jason ." Another comment: "I think the new park is a real good idea but I still enjoy going to Jason Park and would much rather walk my dog there . It is a real park with grass. It is just more enjoyable . And there is need for two parks in Englewood ... the new dog park on Windermere and Jason Park ." He said and this next comment was a little more pointed : "The Canine Corral is a tiny dirty hole ." The last comment: "You infer that dogs should use Canine Corral because it is only a mile away . The Canine Corral is only one acre, is often unused and muddy. At times I have seen 40 to 50 dogs in that confined space . Having additional dogs in Jason Park supplements this number is a sure recipe for trouble in a way for dog fights or worse ." End of quotes . He said most people did not comment on Canine Corral and chose instead to focus just on Jason Park . The decision to build Canine Corral was pretty much settled when I came on Council, but I had an opportunity to vote and did indeed vote in its favor . I must admit that I was a little naive in my thinking in relation to the outcome of dog park usage . I was under the impression that a special dog park built just for dogs was Just what the majority of the dog owners wanted and they would support and use the facility . I could see them all coming together , letting their dogs run free, playing with other dogs and It would be a special place ... Just for them , them and their dogs. But judging from the contacts I hav received th is past week , people want an open park area Englewood City Council May 7, 2007 Page 32 with trees and grass and playgrounds, ball fields and in other words ... a regular park to use as their dog park . And I really should have known this, I just bought into a pipe dream and this should make you question other decisions that I have been making . It just seems reasonab le to me that once a real dog park was built and the people who use the park for things other than their dogs' recreation, could expect to use the park free of dogs running at large ... especially if this park is in close proximity to the official dog park . But I have been told several times in the last few days, this is not reasonable . Dog owners should be able to use the Canine Corral and a local park and let their dogs run . There are always two sides to any issue and in this case , one side is very organized and the other is not. It doesn 't take a rocket scientist to figure out which side is going to bring the most pressure to bear and even to be heard loud. One side has a newsletter, flyers being handed out and phone calls being made while others wonder what hit them. And it was quite evident here tonight by the number of people who spoke in favor of off-leash at Jason and those who spoke in favor of on-leash . And this is how our system of government works and this is the way it should be . But if I choose to speak for an unorganized group , an individual calls me and asks me for help, I have the right to do so and I should indeed do so because this too is the way our government works . That's it. He said no applause? There was laughter and applause . (iv) Council Member Tomasso said as you know, my last campaign was ... l ran on the platform to close Bates/Logan Park, basically, because it was being abused and overrun ... dogs were running through neighbors houses, I talked to the neighbors and they all requested that Bates be closed to dogs . So I went along with that. I've walked Jason Park several times . My daughter played soccer there . We had pizza parties after the soccer game. The dogs were not invited even though they showed up for the pizza parties . When you have a large soccer team there are not enough picnic tables for everyone on the soccer team to sit at. .. so you are sitting on the grass ... you are sitting on the lawn . Dog owners should respect the fact that when people go for picnics they take blankets . They put blankets on the lawn and they have picnics on the lawn . They should not be interfered with by the dogs . One of the reasons they closed Bates Park was that dogs were r unn ing through the picn ic areas and they were runn ing through the children 's play areas . That was another reason that Bat losed . I have been to Jason several t imes this last week . One instance I saw six dogs ... one w a leash, so one had actually walked there ... two were in the park playing and was undeter · ey arrived ... and three dogs arrived by car . It doesn 't seem to take a rocket scientist to see a d etting a lot of exercise when they show up in a car . They are not walking to the park, just arriving by icle . So another mile to the dog park was reasonable . I went to the dog park and at that point the dog park wasn 't overrun . Sunday I drove back, the dog park was being used ... the Corral anyway ... Jason had nobody in it. Jason was vacant. There were no dogs , no people . So , I understand the sense of community that you dog owners feel , I feel the real estate values , I feel the des ire to have your kids and the dogs in the park at the same time but I also understand those people who don 't want to be interfered w ith by dogs . My ne ighbor's dogs got out today . I d id not call Code . I chased them back into the yard , even though they showed their teeth , growled and would have liked to take a bite out of me. They went bac k in to the yard . So , there is th at and I own a ca t. My cat does not have a n off-leas h ca t park . He wa nts to go out s ide bad ly and I know he is not goin g to stay in the yard because he is not a cat that fe nces sto p him . And he doesn't like dogs . A n d he has never met a dog he likes and he has never met a dog who wouldn't back down and he is not afraid to go nose to nose with a dog . And one of these days, he is going to take one if he is outside because he really likes to . He thinks it is a great challenge . So, I am split at this point. I think the phrase 'one bad apple ruins the whole barrel' is all you have to have ... one or two irresponsible owners and everyone loses the privilege . That is basically where it is at. All you need is one or two totally disrespectful dog owners and you all are penalized . That is the way it was in school, you know . Somebody acted up in class and the whole class would get it. Because, as you know, there are not enough Code officials to patrol. Code works during the day ... the police officers take over after the Code goes off duty . So what you are asking for Code officials being in the park is monetary. If there is a fund established to provide more Code officers so they can patrol the park, that would be one thing, but I don't see that forth coming so we are left with a choice of who do we listen to . You know, who is the responsible person here? The person who wants to have a picnic and put a blanket on the ground or the person who drives up who is going to have a picnic, put the blanket on the ground but sees dogs and as one e-mail said, they should just turn around and drive off, because the dogs are in the park . Dogs were here first, they should leave. It Is not a shared opportunity. So those are the things we are looking at. And yes , I did read all the e-mails and I did listen to all the telephone messages , but I d idn 't think anyone would apprec iate my return ing phone calls at 1 or 5 in the morning Th t i all I hav . Englewood City Council May 7, 2007 Page 33 Mayor Wolosyn said thank you Ray . (v) Council Member Woodward : 1. He said I am going to start out with a few other things . I just want to mention we now have a bakery in town and I hope I am pronouncing this right ... Azucar Sweet Shop and Bakery ... just opened up last week at 11 West Hampden, which is old Hampden . I was fortunate enough Wednesday at the Englewood Housing Authority meeting to have the experience of tasting some of their fine sweets and they were very good . And throughout the month of May it appears they are going to have free samples and so from 10 a .m . until their closing time, they are open and I am sure the proprietors ... ! believe is a husband and wife team ... would enjoy your patronage . 2 . He said last Tuesday, Mark Graham , from Community Development, and I had the opportunity to tour the South Platte River from Dartmouth to south of C-470 on the trails on golf carts with a number of other people involved in what is called the South Platte Working Group, which is made up of people from all the cities in the area ... the County Commissioners, different people with the County , South Suburban Parks and Rec , Urban Drainage, Trust the Public Land ... and it was quite the experience to go down the trails and take a look at what's going on and what we are trying to accomplish . The County has put up $3,000,000 .00 from Open Space Fund . South Suburban is putting up $4,000,000 .00. We are going after a grant from GOCO Funds ... Greater Outdoors which are lottery funds ... for Parks and Open Space for an urban grant and the different cities have agreed to put up money. I can tell you that it was very interesting in going through Englewood ... starting up at Dartmouth where the new bridge, that we approved the funding for a new contractor tonight, is going in ... that is going to be a very large bridge. It is probably one of the largest bridges on the Platte for pedestrians and bikes , to the bridge going in down at the Golf Course and down to the kayak chutes . When we came back in the afternoon I think there were 12-15 kayakers in the chutes . Bear Creek and the Platte were running high . It was quite an experience . I would invite you , if you get the opportunity , to go down the South Platte , please do . 3 . He said lastly, with regard to Jason Park and the history of the dog issues in the City, I have been involved in it going back with the Parks and Rec Commission to 2001 in selecting the five parks , but now the Dog Task Force has dealt with Englewood Unleashed ... became a member of Englewood Unleashed ... do not own a dog, own a cat , haven't had a dog. I had a talk with Tavis Hanna last night, the President , and have worked with Tavis and Alice over the years quite a bit. Tavis has brought up a number of things that I think may be a great way and a good comprom ise . Tavis suggested being in touch with the Soccer Association people . I have been involved with Englewood Soccer for 15 years . I am currently the Competitive Coordinator , go to the Board meetings, coached second graders , and I think I can help fac ilitate that. They are open to it. I d id a poll with that Board and two of the people ... one voted to close it completely and one voted absolutely don 't close it. .. and the rest voted for the so called "compromise ide a ." I think some of Tavis ' ideas of work in g with the community and as their stewardship , they are contractually with the City ... ste wa rds of our parks and I think these things can be worked out. I would certainly like to go in that direction . If there are problems, they should be notified and I know they weren't notified . I know they had one member here, however, things moved awfully quick. And a year ago when Canine Corral opened , we did agree and I remember talking about it at the Parks and Rec Commission, that we wouldn't revisit this until August of this year ... currently it is May ... and we started looking at it in March . For those that don't know, April 16, 2004, the Task Force, which was in place at that time, did ask for clarification regarding the dog park . The Council at that time clarified the goals of the Task Force and the very last item had to do with location, had to do with owned property but the very last item ... No . 4. Is any new dog park is in addition to the existing four off-leash areas . It was never Council's intention for Canine Corral to be replacing Jason Park or any other park . Jason Park is one of our cleaner parks, according to a memo based upon a Council Request from Dave Lee with Parks and Rec. One of our dirtiest parks is one that is on -leash ... has the most messes in it. So , it gets back to dog responsibility . I will end it there . So that is all I have. thank you . Mayor Wolosyn said thank you Jim . Counc il Member Barrent ine sa id hold on a one second . Can I ask if that motion is not going to be m d e .. n ithe r motion is go ing to be mad then ? Englewood City Council May 7, 2007 Page 34 --~~--- Mayor Wolosyn said I guess no one made it. The hour is late and at this po int, Brooke has been sitting here and I would like to ... Council Member Barrentine said I understand but I think that in all fa irness , that is what people anticipated and I think it is only appropriate and I am going to make the mot ion to make Jason Park an on -leash park. If it is not seconded, it is not seconded, but I have a responsibility to the people ... the majority out there that I spoke to that are not here, that expect me to do my job and I am going to make the motion . COUNCIL MEMBER BARRENTINE MOVED TO APPROVE JASON PARK AS AN ON-LEASH PARK. Mayor Wolosyn asked if there was a second . Council Member Oakley said I would like to comment first. He said it was my understanding that if a motion like this were made and it didn't carry, there would be a second motion made for a compromise . And now, it is my understanding that that motion will not be made ... so that puts us in a precarious position of what we are going to go ahead with . Council Member Woodward said if Laurett makes the motion , I will make the motion to compromise . I will also say with making that motion , I will vote no on that motion and actually hope that it isn't even seconded . Council Member Oakley said so then the compromise you were talking about a minute ago is another kind of compromise? Council Member Woodward said the comprom ise that I'm talking about is I think that w ith commun ication w it h who we have appointed and contractually worked with ... Englewood Unleashed ... as steward of these parks , I th ink a lot of these things can be addressed and worked out. That is what I'm hear ing tonight. Council Member Oakley said if that is the consensus of Council that we can have a compromise , that people will sit down and unemotionally ... no you can 't say unemotionally , because that is out of the question ... but at least consider the other side , then maybe something can be worked out. Mr. Oakley said I think now if we vote fo r do ing this and it does n't carry , then nothing else will be done . Mayo r Wolosyn said I would li ke to say that fo r me , who voted fo r the comprom ise ... I was on Counc il for the f ull d isc uss ion . We d id not make fi ve dog parks . We decided to re ta in off-leash pr ivileges in f ive pa rks a nd it sad den ed me to hea r these pa rk s refe rr ed to as do g pa rks and that is why th e comprom ise that Jim had broug ht forth ... at least it recognized the fact that these are parks first with privileges . I hope that if there is going to be discussion that there is real discussion around that issue because I put that dog park out there ... the one we spent money on ... because, just as Wayne said, I thought there was a real need and desire for it and that quite frankly, it was always my idea that eventually we would have parks where people could have dogs on leashes and then we would have this other park where people could have their dogs out there communing . So, if this is going to become some kind of discussion, then I hope there is some recognition of the spirit in which I believe Council made those five pilot parks . Council Member Barrentine said I would say that I am making the motion in part, Wayne, because of what I had said earlier during my time . That is, that there is, to me , a denial of any problem and a dismissal of any concern that the other s ide is bringing forward ... that if they bring a picnic , they should just not do it on a blanket. .. that there is no mess , no problem . I went out there to see that for myself and I have a huge concern as I have addressed here tonight and asked these people ... who I think are good citizens and care . However, the total denial , the total dismissal that there is any problem doesn't leave me with a lot of hope that we are going to address this when you have an organized side and a side that doesn't have an organized platform to bring the ir concerns through . I, like you, have to represent the people who have talked to me over the last four years , brought their concerns forward and they still have those issues . I saw those issues for myself as I went there . Th t I why I m st ill m k ing th motion . I don 't th ink it is someth ing that should be brought up every coupl of Englewood City Council May 7, 2007 Page 35 years . However, what we said was ... we are going to put a dog park in ... and I also reiterated that I'm sorry it is inadequate, but we said we were going to put a dog park in ... a specific dog park ... and that we were going to wait, that at that time we were not doing it instead of Jason Park ... that we were going to leave that. But that was not a permanent decision . That was to be revisited. And as we hear about continued concerns, I have to address those with those people and that is why I'm still making the motion . I know we would all like to avoid it but I can't help that. Council Member Oakley said but I hesitate to make a second, because of the reasons that I stated . If it fails, and I have a sense that it is going to, then who is going to bring it up again for any common ground to be found? It's just going to go away and the people that haven't been heard before are not going to be heard in the future . Council Member Mccaslin said I would like to set this for discussion and don't drag it on for a year . Set a timeline and say, okay we are going to bring both sides together ... here are the issues. I think we have heard from a lot of people that live near the park ... right across the street. .. that said, hey, we haven't had any issues . And you are right. I have had people call me ... and one guy called me and said, well, I saw a dog drinking out of the drinking fountain, would you like to drink there . You know they lift their dog up and you know I understand that, it probably has happened and I'm not going to deny it. But I think it is also addressed that Englewood Unleashed is willing to say, okay what are your problems? We will help you solve them . We will help you deal with them . So, what I am hearing from the majority here is let's keep it the way it is, but with some restrictions and revisit it in a year. If it really gets dumpy and there are problems, then we make it on-leash . I really feel that the consensus right now is that you want to take care of the park and you are willing to go that extra mile to say, hey, we don't want anything to happen. We don't want to lose this park. So, I really think that there has got to be more discussion before we vote on this . That is my personal opinion . Council Member Oakley said all right, I have one more thing to say . I received a letter today and I found it so disturbing that I didn 't put it in the comments but I think that I should read this for one thing that the Mayor had said a minute ago about these were parks first. And this person said: "I also understand the park may be closed because neighborhood families feel it is unsafe to carry their children to the park in the presence of so many dogs . I can respect that concern and ask that some accommodation be made for the families with young children . And if there is a mass consensus identifying such a need, if there isn't, a large group stepping forward to make this change, I ask that you consider the solid number of dogs and dog owners who utilize your park . I find it difficult to understand denying a large group in favor of a small few ." This person is actually asking us to accommodate the kids coming to the park as if the meaning of the park is a dog park first. People , I don 't understand this . I really don 't. Council Member Barrentine said now if in looking at the compromise, if we can come up with something where we are going to do something more formal with the timeline and Tavis, where we have some kind of issues with some enforcement. What I saw there, as I stated , was not everybody not following the rules but I saw enough people , during the four times that I went there in the recent past, that the people that I went and spoke to have some real concerns ... have real issues ... and they don't get solved by ignoring them or dismissing them . And maybe we can come up with something where there is some enforcement, where we do have these fines against people who don't , where we do some periods of doing something . Maybe there is another ground that we can come to . If my motion isn 't going to be seconded, maybe we can do something else where we put some committee together and try and do some timeline like what Bob is saying, so that they have a definite comfort level that something is being done as well officially from that side of it to address their concerns ... because their concerns are just as real. Tavis Hanna said I actually welcome that idea . Code Enforcement was a part of the integral concept of forming the Corral. It was also addressed that the same issues ex isted at Jason , therefore , the principal applies at Jason as wel l. And what we have had in the past year has been k ind of a one step back , two steps forward situation . We were fa ir l}' organized and everyone was very involved at Jason Park until the Corral opened and then that really d ivided our forces in half. So we aren't as effective as we were before the Corral has been opened . At the same time I have also noticed a lot more new people in both parks , so now we are fighting a two -front war with half the amount of resources . And so , getting the word out , influencing the people , it is not as 1mm d1 t , it i not s ff ctive and th re 1s all of th i repeat cu tamer i sue where if they don 't e the core of Englewood City Council May 7, 2007 Page 36 us there for a couple of days, they kind of slack off and then pick back up again. I know that there were strong concerns about the location of the Corral. .. mostly because of the dog versus the bike acddents that people would anticipate along the path there. I really crack down on people who don 't even have a leash or just bring their dog and have a leash, but they are just letting their dog walk in uncontrolled. Sometimes it takes a couple of times of me cracking down on them before they do it, but you know, it goes back to our agreement with the City that we are not to police either of these facilities . Peer pressure is one thing, but it is up to Code Enforcement to really drive the message home. I say again, in five years of coming to Jason Park and almost a year of going to Canine Corral, I have never seen one Code Enforcement van, ever. And I understand that you guys are saying it comes to a budget issue but yeah, it is my money. And if I need ... the money that I pay the City to protect my rights by Code Enforcement handling the few nuts, who are the few bad apples who spoil it for the rest of us , then I welcome that. And that is kind of what you are saying . Council Member Woodward said I want to address that too because back in ... I believe it might have been December, January or February ... ! did attend an Englewood Unleashed board meeting and some of these things ... Code Enforcement agents down at Canine Corral. .. were brought up . Police officers take their break ... take a coffee break sitting at Jason Park, sitting down at Canine Corral. I took this to Code Enforcement Advisory Committee, as the liaison ... had brought it up and had brought it up before . And what I am hearing , at least during the day time, is that isn't happening . When Bob and I were out there the other night we walked down the trail. .. Mayor Wolosyn said what are we talking about now? Mr. Woodward said Canine Corral or Jason Park and meeting. Mayor Wolosyn said are we going to have a canine discussion? Mr. Woodward said I just wanted to back up some of the things that Tavis is saying that aren't being addressed . And I don't know if flex time for Code Officers ... ! know that Code issues don't end at 4 :30 or 5 :00 o'clock. You know ... if Laurett wants to make the motion ... I wouldn't suggest she does, I find it... Mayor Wolosyn said actually there is a motion but there isn't a second . Council Member Tomasso said how about we table the motion for two months and see if there is a compromise position that can be obtained. Mayor Wolosyn said I believe we don't have to table anything, right? If nothing is moved, we can just agree ... City Attorney Brotzman said on Ray's , I don't know if Ray has actually made that as a motion . If Ray made it as a motion , you have to deal with that first. Council Member Tomasso said how about , Laurett, that we table it for two months so that we know exactly how long it is sitting on the table ... but not forever ... so there is a deadline on coming up with a solution . Council Member Oakley said I would like to speak to that. I would like to see something more in-depth , if it is possible. But given the time of the year here , somebody on staff is going to have to facil itate th is. And g iven the time of year it is, with us going into budget time with all the problems we are going to have with that stuff, I don 't feel like doing that to staff at this time. I would like to later so if Tavis and his group, or all these people, believe that the City had made an obligation to them to let it go for a year, then maybe we should honor that and look at it after August. Council Member Oakley said I just don 't want it to go away, because it isn't going to go away. If this is the mind set of some people , that they are beginning to think that just because we have four parks that are off-leash parks, if they are beginning to believe that these are primary dog parks instead of regular parks, then we have to look at that. We have to find out why people are beginning to think that and this isn't the only person that told me that. Council Member Barrentine said I had a lot of the people say that they will have no problem eventually, because they don't let their children go down there anymore . I'd hate to see that piece leave the neighborhood too . And if you guys are willing to address that those people exist and that they have just as much of an issue with what is going on and to really hear what they are saying , maybe you could come back . I tell you what, I withdraw the motion but I'm telling you , I will bring the motion back up within two or three months if we don't have some resolution from those people that I have heard from so that they believe that these things are truly being addressed to where I can go down to that park and not see dogs running around the playground, not almost hit Englewood City Council May 7, 2007 Page 37 a Brittany on my way to driving my son to school because he runs out into Quincy , to not see animals to have some idea of what voice command is and to not see on a regular basis, dogs that aren't even close to being under voice command , that there is some kind of control and comfort level that people are safe out there as well. Tavis said I agree with what you said Mr. Oakley and you Laurett and I honestly think we are kind of going through a growing pain ... one of these wave-type patterns that we are seeing. We have had a lot happen this past year. We have a lot more new people coming to the park ... a lot of them are from out of town. Now Code Enforcement is one way to address your concern with this attitude or mentality that it is a dog park or it's ours, they should go somewhere else . I have heard of a woman named Carolyn, I believe, who is really active at Bates/Logan ... building relationships with people . She got to know people on a first name basis . She would come in and educate people like ... I could give you a ticket right now for this, do you really want to argue with me or do you want to get a ticket? Council Member Barrentine said I appreciate you adding to this, but I have withdrawn my motion and we have two or three months so I would be more than happy to work with you . I sit as the liaison on the Code Enforcement and I would be more than happy to get with you and let you know some of the concerns specifically that people brought up and see how you guys feel you can address that. You've got a group of very caring people. None of us are dog haters. I have a dog. We want to work this out for everybody, but in the end, Wayne is right. It is not a dog park and we need to try to work this out so everybody can work together and I would be more than willing to work with you as well , or at least let you know what has been given to me on the positives and negatives as well . Thank you very much for your time . Council Member Oakley said I think we had enough common ground here to do what you are saying . I think that we are definitely tired of talking . Mayor Wolosyn said thank you Tavis . Laurett has withdrawn her motion . Ray you also have a motion on the table, are you satisfied? Mr. Tomasso said mine was just to table the motion so the motion has been withdrawn so the table has been withdrawn . Ms . Barrentine said yes, we agreed on that. Mayor Wolosyn said so is that the end of that discussion . Ms . Barrentine said he didn't get a second and I didn 't get a second so I just made a statement that I am go ing to bring it back . 13 . City Manager's Report (a) City Manager Sears said Brook Bell is here and he will , briefly, go through the issues that were in the packet regarding Englewood Days . I think there are a couple of decisions that need to be made. I will ask him to just briefly highlight those and maybe we can move on , on those issues. Mayor Wolosyn said I would like to thank you Brook for your patience . Planner Bell said at the April 161h regular meeting, Mr. Cohn of Englewood Days presented Council with a list of 10 requests related to the event. Many of those requests involve City resources . Council was able, that night, to provide direction on two of those items and asked staff to provide additional information on the remaining requests for Council consideration . Since that time, each department has responded to the Englewood Days requests in terms of what was provided last year and what are some of the costs involved . Council is welcome, certainly, to give us input on any of those requests . However, request number 7 and number 9 really require the most Council direction . Request number 7 really deals with closure of Lincoln Street and the use of the one City lot on Lincoln ... and I should mention about request number 7 ... that there was a petition involved in that request and the staff memorandum stated that 7 of 15 businesses have signed that petition on Broadway and that 2 out cf 4 had signed it on Lincoln . Since the packet went out last week , the Englewood Days promoters have gathered some additional signatures ... such that the number really needs to be amended to 11 of 16 bus iness es on Broadway and 3 of 4 businesses on Lincoln . If you add in the Orchard Place build ing and the Swedish Rehab , you really have 5 out of 6 businesses on Lincoln . So that is really what we are looking for ... direction on Englewood City Council May 7, 2007 Page 38 Council request number 7 and number 9 . Number 9 deals more with Safety Services personnel helping out at the event. He asked if there were any questions or discussion . Mayor Wolosyn said would Council like to make these decisions tonight or weigh in on them at the next Study Session? Council Member Woodward said Brook stayed here tonight so I think I would like to ... w ith regard to the Show Wagon, I think I had mentioned at the last meeting that number 1, Doug came to Parks and Rec and Parks and Rec was to waive that. We have a meeting this Thursday and I would suggest that is where he needs to come . I would assume that it would probably be waived again . With regard to number 7 , you clarified that. .. although I did want.. .I was interested ... you said 11 of 16 now and 3 of 4 ... are the 5 of those 16 saying no or are they ... ? Mr . Bell said Mr. Cohn is not here and I don't have the exact disposition on what would be considered no 's. It could be that the business wasn't there at the time or it could be that they said no . Mr. Woodward said okay . Mr. Bell said but they did not sign the petition. Mr. Woodward said okay ... well 11 of 16 and 3 of 4 ... there is a majority there . Before, there wasn 't even a majority and that kind of concerned me . Under number 9, the beer gardens ... I don't see the beer gardens in here . Have the beer gardens gone away? Because I am assuming this is the Taste of Englewood, which is the Chamber's event. Mr. Bell said that is correct. The two events are tied together somewhat and so they would formally ask for that permission with their liquor license application . But as part of this Englewood Days request, they are asking the question and are asking it for the beer garden . Mr. Woodward said well as a Board member of the Chamber of Commerce and having been in attendance to their last meeting and having asked the question, that was not the response . There was not support for the beer garden and so that needs to be clarified . Again , I will not support beer gardens in this town for what is considered to be a family event. I won 't do it and in fact , it makes me angry. Mayor Wolosyn said Brook are they asking for two liquor licenses? Mr . Bell said no , it was my understanding that the liquor license would be along with the Taste event. Council Member Barrentine said could we ask for Doug to have some clarification and put this on a Study Session since there are a couple of questions apparently? Counci l Member Moore said unless we know there is enough res istance to a l iquor license to resolve the issue now . Council Mem be r Oakley sa id I would like to voice m y op inion ri ght now. I sup po rt Jim a nd I would not su ppo rt a beer garden . Council Member Barrentine said however, the Taste is asking for a special events permit, they would do that with the Liquor Board ... not come to the Council and ask for it. Mayor Wolosyn said do you support the Taste? Council Member Woodward said I support the Taste . I do not support a beer garden . Council Member Barrentine said I don't know that they have combined it. Since there is a question , I am not sure . Mr . Bell said we will get some clarification on that particular issue . That was my understanding . Mayor Wolosyn said that is what I tried to clarify with Katie and she told me only one and that was the Taste of Englewood . I mean that is what I asked her. Mr. Woodward said we discussed it at the Board meeting . Ms . Wolosyn said so I don't think it sounds like Englewood Days is requesting it...we do need clarification . Englewood City Council May 7, 2007 Page 39 Council Member Barrentine said well it has to go to the Liquor Board anyway, so if we could just get some clarification at the next Study Session , I would appreciate it. Mr. Bell said I can provide that. Then on number 7 in terms of closing Lincoln Street, it is more an issue of the beer garden, as opposed to closing the street for the Taste . Am I correct in this? Ms . Barrentine said no, it was last year that it was recommended from Safety Services and from the trucks that came in . They said it would be easier if we closed Lincoln for Englewood Days . They just said it would be easier to manage to run the thing, to be able to get access in and out of the parking lot and so I guess that is what they were going for . But it was not just for that. That was already recommended well before any liquor authority got involved . City Manager Sears said since we need clarification on the one item, why don't we get clarification on that item and then come back on May 21 11 at a Study Session and make a recommendation at that time . Mayor Wolosyn said thank you. Mr. Sears said, anything else Brook? Thank you very much . Mr. Bell said thank you . (b) City Manager Sears said regarding Mike Flaherty and the Task Force ... Mike would you talk about the schedule for that. • Deputy City Manager Flaherty said I have volunteered to serve as Facilitator for the Vicious Animal Task Force only . I have reviewed the applications that came in . Of the 5 members that were selected ... there are three from the citizen at large group , as well as the two from the animal professionals . We determined that Thursday looked like the best date, so I have tentatively scheduled a meeting for Thursday, May 1 ,'h which will serve as the organizational meeting for that group. I will contact each of those members ... the 5 members that Council selected as well as the other three members that were selected from the three organizations ... Code Enforcement Advisory Committee, the Postal carriers and Englewood Unleashed . So we will have our organizational meeting on May 17'h at 7 :00 p.m. and at that meeting we will basically discuss the instructions from Council, as well as any other issues that that group wants to bring up . And primarily talk about logistics and goals . I will furnish a copy of that letter to Council after it is sent to the members of the Task Force . (c) City Manager Sears said just a reminder that next Monday night is the Citizen of the Year celebration for Nancy Peterson, at 6 :00 o'clock at Malley Center. (d) City Manager Sears said on Saturday , May 191 h we meet here at 8:30 and we will get the agenda out to Council, along with the packet information early next week . We are anticipating going out to the Golf Course in the early afternoon to take a look at the redevelopment. Council Member Barrentine said May 19th is the Budget Retreat? Mr. Sears said yes, that is correct...meet at the City Center at 8 :30 . Ms . Barrentine said okay . •••• 14 . City Attorney's Report City Attorney Brotzman did not have any matters to bring before Council. ••••• Council Member Oakley said before we adjourn . How are we going to address the question that the gentleman asked of you tonight about waiving? I forget what the question was now, but he was asking ... Mayor Wolosyn said I am not prepared to addres that right now ... i anybody? Englewood City Council May 7, 2007 Page 40 Council Member Barrentine said I don't think, having taken a look at some the stuff, I don't believe there has been a fine assessed at this point. There is no fine to waive . City Manager Sears said I can speak to that. They have been given a Notice of Violation and they have 14 days from last Friday to actually correct that to conform with the Code, which in essence means removal of the majority of the paintings, other than what would be a square footage for the mural. I know Tricia Langon has provided them with that information through Sam Watson . If they don't comply with our current ordinance in that regard, then they, actually will be cited to go into court 14 days from last Friday. Mayor Wolosyn said I have a question ... do I understand that you can have a mural that is 70% of the frontage . Is that what it is? City Manager Sears asked Tricia to address this . Senior Planner Langon said murals are considered signs and the total signage is based on .. .for this particular property ... the street frontage. There are two street frontages . Because they have actually quite a long frontage, they are allowed 5 signs totaling 442 square feet. No sign can be larger than a 100 square feet if it is through the General Sign Code . If it goes through the Creative Sign Code ... through City Manager approval or City Manager designee approval , that could go up to 125 square feet. Council Member Barrentine said how does that address the art work that is on this building? Ms . Langon said we do have a definition of a work of art. A work of art, also, could be a mural. And murals are governed under the Sign Code under the South Broadway signage area . Murals are only allowed on South Broadway and only under the Creative Sign Code, through City Manager approval. The issue in this case is that no permit was taken out. Ms. Barrentine said I understand that. .. what I asked was on this building, when you go underneath and there are murals and things, are those considered part of that? Ms . Langon said they would be one of .... Ms. Barrentine said on the Liquor Barn where they have the Clydesdales horse thing ... is that considered a sign? Ms . Langon said that also is a mural , but that was before the 2004 UDC went into effect, so it is not under the same regulations . Ms. Barrentine said is art work considered part of that signage? Ms. Langon said if it is considered a work of art, such as a sculpture , that is not considered signage . Murals, however, are considered signage . Council Member Oakley asked if there was something about if it is advertisement for the business ... is there something along those lines? Ms. Langon said murals may not advert ise the business . The defin iti on of sign , is actually anything that draws attention to a product or a business . City Manager Sears said, basically , to be clear , they have, as I understand, up to 125 square feet for a mural they could put on their building on one side. Ms . Langon said on one side . Mr. Sears said anything beyond that, unless the Sign Code is changed, they don't comply with . Ms . Langon said right. They could have up to 125 square feet under a permit and with City Manager designee approval. Ms . Barrentine said a sign is anything that draws attention to that business or product? Ms. Langon said right. Ms . Barrentine said so if the March Hare paints their building purple and makes it look like a little Swiss chalet and that draws attention to their building then that is considered a sign? Ms . Langon said I didn't say our sign definition is the best sign definition . Council Member Barrentine said I am just trying to get some clarification for myself. Because as we 're going through this, we have certainly had a lot of art work that has been placed where it draws attention to that business, as it is supposed to ... we are supposed to want it to . We want people to go "oh, art work , of there is business behind it" ... so I am just trying to get a handle on that. Senior Planner Langon said works of art are not subject to perm it ( Englewood City Council May 7, 2007 Page 41 ~--------- Ms . Barrentine said so ... like some people have done with dead trees . They carve a tree totem pole ... that is not considered a sign , that is a work of art? Ms. Langon said that is correct, that is a work of art. Ms. Langon said I will mention that we are working on updates to the Sign Code and these are all issues that we can certainly be looking at. Ms . Barrentine said back to the color ... since I brought up the purple thing . Do we have restrictions on that? Ms. Langon said we have no restriction on colors . Mayor Wolosyn asked Council Member Oakley if he wanted to make a motion . Mr. Oakley said no, I just wanted to have their question addressed . Council Member Barrentine said but at this time I am correct...there is no fine to waive? All right , okay. City Manager Sears said unless an action is taken ... Council Member Barrentine said but at this moment today, there is no fine to do anything with . Mr. Sears said at this point in time, that is correct. That is correct, but it is not on any agenda coming forward . 15 . Adjournment LOSYN MOVED TO ADJOURN. The meeting adjourned at 11 :20 p .m . 8a C. • I, '( ,. f' • I . ' ( PROCLAMATION WHEREAS , the Colorado Senior Sports Development Council (CSSDC) began hosting athletic competition for adults age 50+ in the late 1970 's; and WHEREAS, Colorado Senior athletes who qualify at the state level are eligible to compete at the National Senior Games which are held bi-annually; and WHEREAS , adults age 50+ are eligible to participate in two dozen sports and recreation activities, ranging from competitive events like the 100 meter dash, the 400 meter run , shot put, and triathlon, as well as recreational activities like billiards and shuffleboard; and WHEREAS, all contestants experience the friendly fellowship, camaraderie and exhilaration of competition and the enjoyment of associated social events, all resulting in highly beneficial effects on physical and mental health and the ultimate goal of the Senior Games which is "FITNESS AS LIFESTYLE"; NOW THEREFORE, I, Olga Wolosyn , Mayor of the City of Englewood, Colorado, hereby proclaim the week of June 3rd through 10 1 \ 2007 as: ROCKY MOUNTAIN SENIOR GAMES WEEK in the City of Englewood, Colorado . I urge the citizens of Englewood to join together to recognize the value of these Games in promoting health and fitness among adults age 50+, and encourage all Englewood Senior citizens to participate in "Rocky Mountain Senior Games Week" and achieve the ultimate goal of "FITNESS AS LIFESTYLE". GIVEN under my hand and seal this 21st day of May, 2007. Olga Wolosyn, Mayor 8b ( PROCLAMATION WHEREA.;,, United Nations officials have described the ongoing crisis in Darfur "the world's worst humanitarian crisis"; and WHEREAS, the United States Congress declared on July 22, 2004 that the atrocities in Darfur were genocide and up to 400,000 people have died and over 2,500,000 had been displaced in Darfur since 2003; and WHEREAS, on April 29th the international community held events in over 20 countries around the world calling for immediate action to end the genocide in Darfur; and WHEREAS, people of conscience in over 100 cities nationwide including citizens of the City of Englewood, Colorado will likewise join the call to action in support of protecting innocent civilians in Darfur, including citizens of the City of Englewood, Colorado; and WHEREAS, the efforts of the U .S., the UN, and the international community have not yet brought about an end to the genocide, and more must be done to quell the violence and build a renewed and inclusive peace process; and WHEREAS, time is running out for the people of Darfur; NOW THEREFORE, I, Olga Wolosyn, Mayor of the City of Englewood, Colorado, hereby commend the Colorado Coalition for Genocide Awareness and Action and the Save Darfur Coalition as well as the many citizens of the City of Englewood who took part in the Global Days for Darfur. I urge all of the citizens of Englewood, Colorado to join together to support the Global Days for Darfur. GIVEN under my hand and seal thi s 21st day of May, 2007 . Olga Wolosyn , Mayor Be ( ORDINANCE NO. SERIES OF 2007 BY AUTHORITY COUNCIL BILL NO. 24 INTRODUCED BY COUNCIL MEMBER WOODWARD AN ORDINANCE AUTHORIZING AN AMENDMENT TO THE 1990 BIG DRY CREEK INTERCEPTOR AGREEMENT REGARDING FEES . WHEREAS, the Big Dry Creek Basin Interceptor is a major trunk line serving the Southgate, South Arapahoe, South Englewood and part of the City of Englewood 's Sanitation Districts for sanitary sewer transport ; and WHEREAS, the Englewood City Council approved entering the Big Dry Creek Basin Interceptor Agreement between Englewood, Southgate Sanitation District, South Arapahoe Sanitation District and the South Englewood Sanitation District No. l, by the passage of Ordinance No. 30, Series of 1990; and WHEREAS, the Englewood City Council authorized the passage of a Resolution in 2004, establishing maintenance fees for Big Dry Creek Basin Interceptor; and WHEREAS , in 1990 at the time the Big Dry Creek Basin Interceptor Agreement was signed, eight capital construction projects were anticipated as well as line and advanced tap fees to pay for such capital construction, in addition, a small charge for repair and maintenance was established; and WHEREAS, after the completion of three capital projects, Southgate Sanitation District reassessed the condition of the interceptor and detennined that the interceptor has capacity adequate to meet the existing and future demands and that no further capital projects are needed; and WHEREAS , under the 1990 Agreement, funding must now be provi ded to proceed with a repair, maintenance and rehabilitation program; and WHEREAS , the passage of this proposed ordinance implements Southgate's proposal to terminate the Advanced Tap Fee collection for capital projects; disburse that unused tap fee /capital revenues to the participating districts and establish a repair, maintenance and rehabilitation, fund and schedule, with a per thousand gallon charge of $0 .108406, to replace the previous charge of $0 .005434 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : 9bi Section I . The City Council of the City of Englewood, Colorado hereby authorizes amending the 1990 Big Dry Creek Interceptor Agreement by terminating the Advanced Tap Fee collection; disbursement of unused tap fee/capital revenues to the participating districts; and establishing a repair, maintenance and rehabilitation program, funded by a charge of $0.108406 per thousand gallons per single family equivalent. Introduced, read in full, and passed on first reading on the 7th day of May, 2007. Published as a Bill for an Ordinance on the I Ith day of May, 2007. Read by title and passed on final reading on the 21st day of May, 2007. Published by title as Ordinance No._, Series of 2007, on the 25th day of May, 2007 . Olga Wolosyn, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No ._, Series of 2007 . Loucrishia A. Ellis ( ORDINANCE NO . SERIES OF 2007 BY AUTHORITY COUNCIL BILL NO. 28 INTRODUCED BY COUNCIL MEMBER WOODWARD AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF THREE INTERGOVERNMENTAL SUBGRANTEE AGREEMENTS (CDBG) FOR THE YEAR 2007 BETWEEN THE ARAPAHOE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City Council of the City of Englewood approved the execution of an Intergovernmental Agreement between the City of Englewood and Arapahoe County by passage of Ordinance No. 39, Series of 1994, covering the City's participation in the Arapahoe County CDBG Entitlement Program as extended by Amendment No. 3, for funding years 2004 through 2006;and WHEREAS , the Englewood City Council passed Ordinance No. 13 , Series of 2006 and that was modified by Amendment No. 1 dated February, 2007 relating to participation in the Urban County Entitlement Program for CDBG and HOME funds for 2007 through 2009 ; and WHEREAS , the Englewood City Council passed Resolution No . 78 , Series 2006 supporting Housing and Community Development that authorized submitting application for 2007 CDBG funding; and WHEREAS, the project by the City of Englewood known as the "Housing Rehabilitation Project" including the Handyman Project; has been categorized as a rehabilitation activity ; and WHEREAS, the project by the City of Englewood known as the "Homeowner Fix-Up Project" has been categorized as a housing rehabilitation project for low-income owner-occupied homes within designated neighborhoods in the City; and WHEREAS, the project by the City of Englewood known as the "House of Hope Staffing Project" has been categorized as a public service activity; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The Subgrantee Agreement for the 2007 Arapahoe County Community Development Block Grant-Housing Rehabilitation Project, attached hereto as Exhibit A, is hereby accepted and approved by the Englewood City Council. Section 2 . The Subgrantee Agreement for the 2007 Arapahoe County Community Development Block Grant -Homeowner Fix-Up Project, attached hereby as Exhibit B, is hereby accepted and approved by the Englewood City Council. 9bii Section 3 . The Subgrantee Agreement for 2007 Arapahoe County Community Development Block Grant-House of Hope Staffing Project, attached hereto as Exhibit C, is hereby accepted and approved by the Englewood City Council. Section 4. The Mayor and City Clerk are hereby authorized to sign and attest said Agreements for and on behalf of the City of Englewood, Colorado. Section 5. The City Manager shall be authorized to further extend and/or amend the subgrantee agreements for the 2007 Arapahoe County Community Development Block Grant Program as needed. Introduced, read in full, and passed on first reading on the 7th day of May, 2007. Published as a Bill for an Ordinance on the 11th day of May, 2007 . Read by title and passed on final reading on the 21st day of May, 2007. Published by title as Ordinance No ._, Series of 2007, on the 25th day of May, 2007. Olga Wolosyn, Mayor ATIEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No._, Series of 2007 . Loucrishia A. Ellis, City Clerk SUBGRANTEEAGREEMENTFOR ARAPAHOE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS SUBGRANTEE: CITY OF ENGLEWOOD PROJECT NAME: HOUSING REHABILITATION PROJECT NUMBER: ENHS 720 This Agreement is made by and between the Board of County Commissioners of the County of Arapahoe, State of Colorado, for the Community Development Block Grant Program in the Community Resources Department (hereinafter referred to as the County) and the City of Englewood (hereinafter referred to as the SubGrantee) for the conduct of a Community Development Block Grant (CDBG) Project. I. PURPOSE The primary objective of Title I of the Housing and Community Development Act of 1974, as amended, and of the Community Development Block Grant (CDBG) Program under this Title is the development of viable urban communities, by providing decent housing, a suitable living environment and expanding economic opportunities, principally for low and moderate income persons. The project by the SubGrantee known as the Housing Rehabilitation Project (Project) has been categorized as a Single Family Housing Rehabilitation project and the SubGrantee will maintain documentation with ( the national objective ofl.ow/Moderate Income Housing activities . The SubGrantee may proceed to incur costs for the Project upon receipt of an official ''Notice to Proceed" from the County. II. WORK TO BE COMPLETED BY THE SUBGRANTEE Th e follo wing provisions outline the scope of the work to be completed : The SubGrantee will utilize CDB G fund in g to provi de low interest loans and/or grants to income eligi ble homeowners for health and safety related home improvements. Typical improvements may include (but are not necessarily limited to) plumbing, electrical systems, roofs, and HV AC work. A. Payment It is expressly agreed and understood that the total amount to be paid by the County under this contract shall not exceed $70,000.00 . Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in the Project Budget and in accordance with performance criteria established in Section II-C . The parties expressly recognize that the SubGrantee is to be paid with CDBG funds receiv~ from the federal government, and that the obligation of the County to make payment to SubGrantee is contingent upon receipt of such funds . 1 • X H I B I T A In the event that said funds, or any part thereof, are, or become, unavailable, then the County may immediately terminate or amend this agreement. To the extent C.R.S . § 29-1-110 is applicable, any financial obligation of the County to the SubGrantee beyond the current fiscal year is also contingent upon adequate funds being appropriated, budgeted and otherwise available. Any Project funds not expended and drawn from the County by the deadline identified in Section II . C. 3. below shall revert to the County and be utilized for other purposes. B. Timeline All Project activities will be completed by May 31, 2008 unless this Agreement is modified by mutual agreement of the County and SubGrantee. C. Performance Criteria In accordance with the funding application submitted by the SubGrantce for the Project, the criteria listed below are to be met during the execution of the Project. 1. Quantifiable Goals: The SubGrantee will provide five (5) home improvement loans or grants to income eligible Englewood homeowners . All improvements funded under this grant are to be performed in compliance with applicable local or industry codes and standards. 2 . Community Impact: Affordable housing -stability and housing quality 3 . Quarterly Performance Standards : June 30, 2007 : September 30, 2007 : December 31, 2007: March 31, 2008: May 31,200: D. Reporting Requirements No requirements established Market program , interview potential clients Provi de one (1) rehabilitation loaru'grant Interview potential clients Provide two (2) rehabilitation loans/grants Provide two (2) rehabilitation loans/grants Cwnulative total of five (5) loans/grants Complete all renovations funded by project Submit final drawdown and completion report to County 2 ( 1. Project reports will be due within one month following the end of each calendar year quarter (March 31, June 30, September 30, December 31) until the Project is completed. 2. The official annual audit and/or Financial Statements for the SubGrantee in which both revenues and expenditures for the CDBG Projects described herein are detailed are due annually. E. Labor Standards (Davis-Bacon) It is determined that: Project activities do not require compliance with federal labor standards. F. Environmental Review Notwithstanding any provision of this Agreement, the parties hereto agree and acknowledge that this Agreement does not constitute a commitment of funds or site approval, and that such commitment of funds or approval may occur only upon satisfactory completion of environmental review and receipt by Arapahoe County of a release of funds from the U.S. Department of Housing and Urban Development under 24 CFR Part 58. The parties further agree that the provision of any funds to the project is conditioned on Arapahoe County's determination to proceed with, modify, or cancel the project based on the results of a subsequent environmental review. G. Uniform Relocation Act (URA) Project activities require compliance with the Unifonn Relocation Act. It has been determined that no action is necessary. H. Lead Based Paint The maximum CDBG investment per house renovated under this project may not exceed $24,999 . This amount includes any CDBG funding used for project based administrative expenses. The SubGrantee will comply with all other County, state and federal policies, guidelines and requirements related to minimizing lead hazards in residential properties, including 24 CFR Part 35 and Colorado Regulation Number 19. III. RESPONSIBILITIES OF THE SUBGRANTEE A. Federal Compliance The SubGrantee shall comply with all applicable federal laws , regulations and requirements , and all provisions of the grant agreements received from the U.S . Department of Housing and Urban Development (HUD) by the County. These include but are not limited to compliance with the provisions of the Housing and Community Development Act of 1974 and all rules , regulations , 3 > ~~--- guidelines and circulars promulgated by the various federal departments, agencies, administrations and commissions relating to the CDBG Program . A listing of some of the applicable laws and regulations are as follows: 1. 24 CFR Part 570; 2. 24 CFR Parts 84 and 85; 3. Title VI of the Civil Rights Act of 1964; 4. Title VIII of the Civil Rights Act of 1968; 5. Sections 104(b) and 109 of the Housing and Community Development Act of 1974; 6. Fair housing regulations established in the Fair Housing Act, Public Law 90-284, and Executive Order 11063; 7. Section 504 of the Rehabilitation Act of 1973; 8. Asbestos guidelines established in CPD Notice 90-44; 9. The Energy Policy and Conservation Act (Public Law 94-163) and 24 CFR Part 39; 10 . Equal employment opportunity and minority business enterprise regulations established in 24 CFR part 570.904; 11. Section 3 of the Housing and Urban Development Act of 1968; 12. Non-discrimination in employment, established by Executive Order 11246; 13. Lead Based paint regulations established in 24 CFR Parts 35 and 570 .608; 14 . Audit requirements established in 0MB Circular A-133; and 15. Cost principles established in 0MB Circulars A-87 and A-122. 16 . Conflict of Interest: (a) Applicability. In the procurement of property and services by participating jurisdiction, State recipients, and subrecipients, the conflict of interest provision in 24 CFR 85.36 and 24 CFR 84.42, respectively, apply. In all cases not governed by 24 CFR 85.36 and 24 CFR 84.42, the provisions of this section apply. (b) Conflicts prohibited. No persons described in paragraph (c) of this section who exercise or who have exercised any functions or responsibilities with respect to activities assisted with CDBG funds or who are in a position to participate in a decision making process or gain inside information with regard to these activities, may obtain a financial interest or benefit from a COBO-assisted activity, or have an interest in any contract, subcontract or agreement with respect thereto , or the proceeds there under, either for themselves or those with whom they have family or business ties , during their tenure or for one year thereafter. (c) Persons covered. The conflict of interest provisions of paragraph (b) of this section apply to any person who is an employee, agent, consultant, officer or elected official or appointed official of the participating jurisdiction, State recipient, or subrecipient which are receiving CDBG funds . (d) Exceptions: Threshold requirements . Upon the written request of the participating jurisdiction, HUD may grant an exception to the provisions of paragraph (b) of this section on a case-by-case basis when it determines that the exception will serve to further the purpose of the CDBG Investment Partnership Program and the effective and efficient administration of the participating jurisdiction's program or project. An exception may be considered only after the participating jurisdiction has provided the following; 4 ( 1) A disclosure of the nature of the conflict, accompanied by an assurance that there has been public disclosure of the conflict and a description of how the public disclosure was made; and (2) An opinion of the participating jurisdiction's or State recipient's attorney that the interest for which the exemption is sought would not violate State or local law. (e) Factors to be considered for exemption. In detennining whether to grant a requested exception after the participating jurisdiction has satisfactorily met the requirements of paragraph ( d) of this section, HUD will consider the cumulative effect of the following factors, where applicable: (1) Whether the exception would provide a significant cost benefit or an essential degree of expertise to the program or project which would otherwise not be available; (2) Whether the person affected is a member of a group or class of low income persons intended to be the beneficiaries of the assisted activity and the exception will permit such person to receive generally the same interests or benefits as are being made available or provided to the group or class; (3) Whether the affected person has withdrawn from his or her functions or responsibilities, or the decision making process with respect to the specific assisted activity in question; (4) Whether the interest or benefit was present before the affected person was in a position as described in paragraph ( c) of this section; (5) Whether undue hardship will result either to the participating jurisdiction or the person affected when weighed against the public interest served by avoiding the prohibited conflict; and (6) Any other relevant considerations. (f) Owners and Developers. (1) No owner, developer or sponsor of a project assisted with CDBG funds (or officer, employee, agent, elected or appointed official or consultant of the owner, developer or sponsor) whether private, for-profit or non-profit (including a community housing development organization (CHOO) when acting as an owner, developer or sponsor) may occupy a CDBG-assisted affordable housing unit in a project. This provision does not apply to an individual who receives CDBG funds to acquire or rehabilitate his or her principal residence or to an employee or agent of the owner or developer of a rental housing project who occupies a housing unit as the project manager or maintenance worker. (2) Exceptions. Upon written request of a housing owner or developer, the participating jurisdiction ( or State recipient, if authorized by the State participating jurisdiction) may grant an exception to the provisions of paragraph (f) (1) of this section on a case-by-case basis when it determines that the exception will serve to further the purpose of the CDBG program and the effective and efficient administration of the owner's or developer's CDBG-assisted project. In detennining whether to grant a requested exception, the participating jurisdiction shall consider the following factors: 5 (i)Whether the person receiving the benefit is a member of a group or class of low-income persons intended to be the beneficiaries of the assisted housing, and the exception will permit such person to receive generally the same interests or benefits as are being made available or provide to the group or class ; (ii)Whether the person has withdrawn from his or her functions or responsibilities , or the decision making process with respect to the specific assisted housing in question; (iii) Whether the tenant protection requirements of Sec. 92.253 are being observed; (iv) Whether the affirmative marketing requirements of Sec. 92.351 are being observed and followed; and (v) Any other factor relevant to the participating jurisdiction's determination, including the timing of the requested exception. Additionally, in accordance with 24 CFR Part 570, no employee, official, agent or consultant of the SubGrantee shall exercise any function or responsibility in which a conflict of interest, real or apparent, would arise. The SubGrantee cannot engage in a federally funded contract with any entity registered in the Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs. B. Non-Appropriations Clause The SubGrantee agrees that it will include in every contract it enters , which relies upon CDBG monies for funding, a non-appropriation clause that will protect itself and the County from an y liability or responsibility or any suit which might result from the discontinuance of CDBG funding for any reason. Because this SubGrantee Agreement involves funds from a federal grant, to the extent there is a conflict the funding provisions of this SubGrantee Agreement, the federal grant and the federal statutes control rather than the provisions of Section 24-91-103 .6 , C.R.S. with regard to any publi c work projects . C. Expenditure Restrictions All CDBG funds that are approved by HUD for expenditure under the County's grant agreement, including those that are identified for the SubGrantee's Projects and activities, shall be allocated to the specific projects and activities described and listed in the grant agreements. The allocated funds shall be used and expended only for the projects and activities for which the funds are identified . D. Agree ment Changes No projects or activities, nor the amount allocated therefor, may be changed without approval by the County and acceptance of the revised Final Statement and/or Consolidated Plan by HUD, if required . Changes must be requested in writing and may not begin until a modification to this Agreement is fully executed. 6 (, E. Direct Project Supervision and Administration The SubGrantee shall be responsible for the direct supervision and administration of its respective projects or activities. This task shall be accomplished through the use of the SubGrantee's staff, agency and employees. The SubGrantee shall be responsible for any injury to persons or damage to property resulting from the negligent acts or errors and omissions of its staff, agents and employees . Because the SubGrantee is responsible for the direct supervision and administration of its projects or activities , the County shall not be liable or responsible for cost overruns by the SubGrantee on any projects or activities. The County shall have no duty or obligation to provide any additional funding to the SubGrantee if its projects or activities cannot be completed with the funds allocated by the County to the SubGrantee. Any cost overruns shall be the sole responsibility of the SubGrantee. 1. The SubGrantee agrees that all funds allocated to it for approved projects or activities shall be used solely for the purposes approved by the County. Said funds shall not be used for any non-approved purposes . 2. The SubGrantee agrees that the funds allocated for any approved projects or activities shall be sufficient to complete said projects or activities without any additional CDBG funding . F. Indemnity To the extent allowed by law, the SubGrantee shall indemnify and hold harmless the County and its elected and appointed officials, officers, employees and agents from and against any and all losses , damages, liabilities, claims, suits , actions or costs , including attorneys fees, made, asserted or incurred as a result of any damage or alleged damage to person or property occasioned by the acts or omissions of SubGrantee, its officers, employees, agents , contractors or subcontractors, arising out of or in any way connected with the Project or the performance of this contract. G. Bonding and Insurance If the Sub Grantee's projects involve constru ction activities, any Contractor it uses fo r said acti vi ties shall be required to provide and maintain, until final acceptance by the SubGrantee of all work by such Contractor, the kinds and minimum amounts of insurance as follows : 1. Comprehensive General Liability: In the amount of not less than $1,000,000 combined single limit. Coverage to include: a . Premises Operations b. Products/Completed Operations c. Broad Form Contractual Liability d . Independent Contractors e . Broad Form Property Damage f. Employees as Additional Insured 7 g. Personal Injury h. Arapahoe County and the SubGrantee as Additional Named Insured i. Waiver of Subrogation 2. Comprehensive Automobile Liability: In the amount of not less than $1,000,000 combined single limit for bodily injury and property damage. Coverage to include: a. Arapahoe County and the SubGrantee as additional Named Insured b. Waiver of Subrogation 3. Employers Liability and Workers Compensation: The Contractor shall secure and maintain employer's liability and Worker's Compensation Insurance that will protect it against any and all claims resulting from injuries to and death of workers engaged in work under any contract funded pursuant to this agreement. Coverage to include Waiver of Subrogation. 4. All referenced insurance policies and/or certificates of insurance shall be subject to the following stipulations: a. Underwriters shall have no rights of recovery subrogation against Arapahoe County or the SubGrantee; it being the intent of the parties that the insurance policies so effected shall protect the parties and be primary coverage for any and all losses covered by the described insurance. b. The clause entitled "Other Insurance Provisions" contained in any policy including Arapahoe County as an additional named insured shall not apply to Arapahoe County or the SubGrantee . c . The insurance companies issuing the policy or policies shall have no recourse against Arapahoe County or the SubGrantee for payment of any premiums due or for any assessments under any form of any policy. d . Any and all deductibles contained in any insurance policy shall be assumed by and at the sole risk of the Contractor. 5 . Certificate of Insurance: The Contractor shall not commence work under any contract funded pursuant to this Agreement until he has submitted to the SubGrantee, received approval thereof, certificates of insurance showing that he has complied with the foregoing insurance requirements . The SubGrantee shall also submit a copy of the Contractor's certificates of insurance to the County. 6 . Notwithstanding the provisions contained in this paragraph (H) set forth hereinabove, the County reserves the right to modify or waive said provisions for projects or activities for which these provisions would prove prohibitive. The SubGrantee understands, however, that the decision to waive or modify those provisions is fully within the discretion of the County. In accordance with 24 CFR parts 84 and 85, the following bonding requirements shall apply to all projects exceeding the simplified acquisition threshold: 8 ( ( 1. 2. 3. A bid guarantee from each bidder equivalent to 5% of the bid price; A performance bond on the part of the contract0! for 100% of the contract price; and A payment bond on the part of the contractor for 100% of the contract price. H. Records The SubGrantee shall maintain a complete set of books and records documenting its use of CDBG funds and its supervision and administration of the Project. Records are to include documentation verifying Project eligibility and national objective compliance, as well as financial and other administrative aspects involved in performing the Project. The SubGrantee shall provide full access to these books and records to the County, the Secretary of HUD or his designee, the Office of Inspector General, and the General Accounting Office so that compliance with Federal laws and regulations may be confirmed. The SubGrantee further agrees to provide to the County upon request, a copy of any audit reports pertaining to the SubGrantee's financial operations during the term of this Agreement. All records pertaining to the Project are to be maintained for a minimum of five years following close-out of the Project. · I. Reporting The SubGrantee shall file all reports and other information necessary to comply with applicable Federal laws and regulations as required by the County and HUD. This shall include providing to the County the information necessary to complete annual Performance Reports in a timely fashion. J. Timeliness The SubGrantee shall comply with the quarterly performance standards established in Section II-C of this Agreement. The SubGrantee understands that failure to comply with the established standards may lead to a cancellation of the Project and a loss of all unexpended funds. K. Reimbursement for Expenses · The SubGrantee agrees that before the County can distribute any CDBG fund s to it, the SubGrantee must submit to the C ounty's Housing and Community Development S ervices Divis ion documentation in the form required b y that Division which properly and fully identi fie s the amount which the SubGrantee is requesting at that time. The County shall have ten (10) working days to review the request. Upon approval of the request, the County will distribute the requested funds to the SubGrantee as soon as possible. L. Program Income All program income directly derived from the Arapahoe County Community Development Block Grant Program received by the SubGrantee will be retained by the SubGrantee and will be dispersed for its approved CDBG Project activities before additional CDBG funds are requested from the County. Following completion of the SubGrantee's Arapahoe County CDBG Projects, all program income directly generated from the use ofCDBG funds will be remitted to the County. 9 M. Real Property Real property acquired in whole or in part with CDBG funds shall be utilized in accordance with the scope and goals identified in Sections I and II of this Agreement. Should the property in question be sold or otherwise disposed of, or the approved property usage discontinued, the SubGrantee shall adhere to the requirements of 24 CFR Parts 84 or 85 (as applicable) regarding the use and disposition of real property. N. State and County Law Compliance All responsibilities of the SubGrantee enumerated herein shall be subject to applicable State statutes and County ordinances, resolutions, rules, and regulations. 0. Subcontracts If subcontracts are used on the Project, the SubGrantee agrees that the provisions of this Agreement shall apply to any subcontract. P. Suspension or Termination This Agreement may be suspended or terminated by the County if the SubGrantee materially fails to comply with any tenn of this Agreement. This Agreement may also be terminated for convenience by mutual agreement of the County and the SubGrantee. Q. In the event that the Unit of General Local Government should withdraw from the County's "Urban County" designation, this Agreement shall terminate as of the termination date of the County's CDBG grant Agreement with HUD . R. The SubGrantee certifies that to the best of its knowledge and belief: 1. No Federal appropriated fund s have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress , or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; and, 2 . If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or 10 cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. S. Dis allowance If it is determined by HUD or other federal agency that the expenditure, in whole or in part, for the SubGrantee's Project or activity was improper, inappropriate or ineligible for reimbursement, then the SubGrantee shall reimburse the County to the full extent of the disallowance. T. Verification of Lawful Presence The SubGrantee shall be responsible for ensuring compliance with C.R.S. Section 24-76.5-103 by verifying the lawful presence of all persons eighteen years of age or older who apply for any benefits funded in whole or in part by the grant funds that are the subject of this Agreement. SubGrantee shall verify lawful presence in the manner required by the statute, and shall provide proof of compliance upon the request of the County. IV. RESPONSIBILITIES OF THE COUNTY A. Administrative Control The Parties recognize and understand that the County will be the governmental entity required to execute all grant agreements received from HUD pursuant to the County's requests for CDBG funds . Accordingly, the SubGrantee agrees that as to its projects or activities performed or conducted under any CDBG agreement, the County shall have the necessary administrative control required to meet HUD requirements. B. Performance and Compliance Monitoring The County's administrative obligations to the SubGrantee pursuant to paragraph A above shall be limited to the performance of the administrative tasks necessary to make .CDBG funds available to the SubGrantee and to provide Housing and Community Development Services (HCDS) staff who se job it will be to monitor the v arious projects funded with CDBG monies to monitor compliance with applicable Federal laws and regulati ons. C. Reporting to HUD The County will be responsible for seeing that all necessary reports and information required of the County are filed with HUD and other applicable Federal agencies in a timely fashion. 11 ;: '1 I l I! 1: I I . ! i I I I ! ! i I I I I I V. EXTENT OF THE AGREEMENT This agreement, including any documents attached as exhibits which are hereby incorporated herein by reference, represents the entire and integrated agreement between the County and SubGrantee and supercedes all prior negotiations, representations or agreements, either written or oral. Any amendments to this agreement must be in writing and signed by both the County and SubGrantee. If any portion of this agreement is found by a court of competent jurisdiction to be void and/or unenforceable, it is the intent of the parties that the remaining portions of this agreement shall be of full force and effect. 12 ..... In Witness Whereof, the Parties have caused this Agreement to be duly executed this _____ day of , 2007 . SubGrantee: City of Englewood Signature Olga Wolosyn, Mayor Mayor Title Board of County Commissioners Arapahoe County, Colorado Don Klemme on behalf of the Board of County Commissioners Pursuant to Resolution #070118 13 .... PROJECT BUDGET COLUMN A COLUMNB COLUMNC COLUMND Project Activities Estimated Total Cost of CDBGFunds Other Funds Committed (specify by Une Item) Activity Rehab administration $50,000 $5,000 $45,000 Loan/grant expenses $115,000 $65 ,000 $50,000 TOTAL: $165,000 $70,000 $95 ,000 ( SUBGRANTEEAGREEMENTFOR ARAPAHOE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS SUBGRANTEE: CITY OF ENGLEWOOD PROJECT NAME: HOMEOWNER FIX-UP PROJECT NUMBER: ENHS 719 This Agreement is made by and between the Board of County Commissioners of the County of Arapahoe, State of Colorado, for the Community Development Block Grant Program in the Community Resources Department (hereinafter referred to as the County) and the City of Englewood (hereinafter referred to as the SubGrantee) for the conduct of a Community Development Block Grant (CDBG) Project. I. PURPOSE The primary objective of Title I of the Housing and Community Development Act of 1974, as amended, and of the Community Development Block Grant (CDBG) Program under this Title is the development of viable urban communities, by providing decent housing, a suitable living environment and expanding economic opportunities, principally for low and moderate income persons. The project by the SubGrantee known as the Homeowner Fix-Up Project (Project) has been categorized as a Housing Rehabilitation project and the SubGrantee will maintain documentation with the national l ' objective of Low/Moderate Income Housing activities . The SubGrantee may proceed to incur costs for the Project upon receipt of an official ''Notice to Proceed" from the County. II. WORK TO BE COMPLETED BY THE SUBGRANTEE The following provisions outline the scope of the work to be completed: The SubGrantee will utilize CDBG funding to provide grants to income eligible homeowners for exterior home improvements. The intent of the project is both to improve Englewood's existing housing stock, as well as improve the visual appearance of deteriorated neighborhoods. Typical improvements may include (but are not necessarily limited to) paint, siding, windows, roofs, and xeriscaping. A. Payment It is expressly agreed and understood that the total amount to be paid by the County under this contract shall not exceed $55,000.00. Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in the Project Budget and in accordance with performance criteria established in Section ~-C. The parties expressly recognize that the SubGrantee is to be paid with CDBG funds received from the federal government, and that the 1 E obligation of the County to make payment to S ubGrantee is contingent upon receipt of such funds. In the event that said funds , or any part thereof, are, or become, unavailable, then the County may immediately terminate or amend this agreement. To the extent C.R.S. § 29-1-110 is applicable, any financial obligation of the County to the SubGrantee beyond the current fiscal year is also contingent upon adequate funds being appropriated, budgeted and otherwise available. Any Project funds not expended and drawn from the County by the deadline identified in Section II. C. 3. below shall revert to the County and be utilized for other purposes. B. Timeline All Project activities will be completed by May 31, 2008 unless this Agreement is modified by mutual agreement of the County and SubGrantee. C. Performance Criteria In accordance with the funding application submitted by the SubGrantee for the Project, the criteria listed below are to be met during the execution of the Project. 1. Quantifiable Goals: The SubGrantee will provide grants to renovate the exterior of thirteen (13) owner occupied homes to income eligible Englewood homeowners. Grants are not to exceed $4,000 each, and will require a 20% match from each homeowner. All improvements funded und~ this grant are to be performed in compliance with applicable local or industry codes and standards. 2 . Community Impact: Affordable housing -stability and housing quality 3. Quarterly Performanc e Standards: June 30, 2007: September 30, 2007: Decemb er 31, 2007 : March 31, 2008: No requirements established Provide two (2) renovation grants Market program, interview potential clients Provide four (3) renovation grants Market program , interview potential clients Provide four (4) renovation grants Interview potential clients 2 May 31, 2008 : D. Reporting Requirements Provide four (4) renovation grants Cumulative total of thirteen (13) grants Complete all renovations funded by project Submit final drawdown and completion report to County 1. Project reports will be due within one month following the end of each calendar year quarter (March 31 , June 30, September 30, December 31) until the Project is completed . 2 . The official annual audit and/or Financial Statements for the SubGrantee in which both revenues and expenditures for the CDBG Projects described herein are detailed are due annually. E. Labor Standards (Davis-Bacon) It is determined that: Project activities do not require compliance with federal labor standards. F. Environmental Review Notwithstanding any provision of this Agreement, the parties hereto agree and acknowledge that this Agreement does not constitute a commitment of funds or site approv al, and that such commitment of funds or approval may occur only upon satisfactory completion of environmental review and receipt by Arapahoe County of a release of funds from the U .S . Department of Housing and Urban Development under 24 CFR Part 58. The parties further agree that the provision of any funds to the project is conditioned on Arapahoe County's determination to proceed with, modify, or cancel the project based on the results of a subsequent environmental review . G. Uniform Relocation Act (URA) Proj ect activities require compliance wi th the Uniform Relocation Act. It has been determined that no actio n is necessary. H. Lea d Based Paint The maximum CDBG investment per house renovated under this project may not exceed $4,000 . The SubGrantee will comply with all other County, state and federal policies, guidelines and requirements related to minimizing lead hazards in residential properties, including 24 C FR Part 3 5 and Colorado Regulation Number 19 . III. RESPONS IB ILIT IES OF THE SUBGRANTEE A. Federa l Compliance 3 The SubGrantee shall comply with all applicable federal laws , regulations and requirements , and all provisions of the grant agreements received from the U.S . Department of Housing and Urban Development (HUD) by the County. These include but are not limited to compliance with the provisions of the Housing and Community Development Act of 197 4 and all rules , regulations, guidelines and circulars promulgated by the various federal departments, agencies, administrations and commissions relating to the CDBG Program. A listing of some of the applicable laws and regulations are as follows: 1. 24 CFR Part 570; 2. 24 CFR Parts 84 and 85; 3. Title VI of the Civil Rights Act of 1964; 4. Title VIII of the Civil Rights Act of 1968; 5. Sections 104(b) and 109 of the Housing and Community Development Act of 1974 ; 6. Fair housing regulations established in the Fair Housing Act, Public Law 90-284, and Executive Order 11063; 7 . Section 504 of the Rehabilitation Act of 1973; 8. Asbestos guidelines established in CPD Notice 90-44; 9. The Energy Policy and Conservation Act (Public Law 94-163) and 24 CFR Part 39 ; 10 . Equal employment opportunity and minority business enterprise regulations established in 24 CFR part 570 .904; 11 . Section 3 of the Housing and Urban Development Act of 1968; 12 . Non-discrimination in employment, established by Executive Order 11246 ; 13 . Lead Based paint regulations established in 24 CFR Parts 35 and 570 .608 ; 14 . Audit requirements established in O:MB Circular A-133 ; and 15 . Cost principles established in 0MB Circulars A-87 and A -122 . 16 . Conflict of Interest: (a) Applicability. In the procurement of property and services by participating jurisdiction, State recipients, and subrecipients, the conflict of interest provision in 24 CFR 85 .36 and 24 CFR 84.42 , respectively, apply. In all cases not governed by 24 CFR 85.36 and 24 CFR 84.42 , the provisions of this section apply. (b) Conflicts prohibited. No persons described in paragraph (c) of thi s section who exercise or who have exercised any functions or responsibilities with respect to activities assisted w ith CDBG funds or who are in a position to parti ci pate in a decision making process or gain insi de information with regard to these activities, may obtain a financial interest or benefit from a CDBG-assisted activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds there under, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. ( c) Persons covered. The conflict of interest provisions of p aragraph (b) of this section apply to any person who is an employee, agent, consultant, officer or elected official or appointed official of the participating jurisdiction, State recipient, or subrecipient which are receiving CDBG funds. ( d) Exceptions: Threshold requirements. Upon the written request of the participating jurisdiction, HUD may grant an exception to the provisions of paragraph (b) of this 4 ,. section on a case-by-case basis when it detennines that the exception will serve to further the purpose of the CDBG Investment Partnership Program and the effective and efficient administration of the participating jurisdiction's program or project. An exception may be considered only after the participating jurisdiction has provided the following: (1) A disclosure of the nature of the conflict, accompanied by an assurance that there has been public disclosure of the conflict and a description of how the public disclosure was made; and (2) An opinion of the participating jurisdiction's or State recipient's attorney that the interest for which the exemption is sought would not violate State or local law. (e) Factors to be considered for exemption. In determining whether to grant a requested exception after the participating jurisdiction has satisfactorily met the requirements of paragraph ( d) of this section, HUD will consider the cumulative effect of the following factors, where applicable : (1) Whether the exception would provide a significant cost benefit or an essential degree of expertise to the program or project which would otherwise not be available; (2) Whether the person affected is a member of a group or class of low income persons intended to be the beneficiaries of the assisted activity and the exception will permit such person to receive generally the same interests or benefits as are being made available or provided to the group or class; (3) Whether the affected person has withdrawn from his or her functions or responsibilities, or the decision making process with respect to the specific assisted activity in question; (4) Whether the interest or benefit was present before the affected person was in a position as described in paragraph (c) of this section; (5) Whether undue hardship will result either to the participating jurisdiction or the person affected when weighed against the public interest served by avoiding the prohibited conflict; and (6) Any other relevant considerations . (f) Owners and Developers. (1) No owner, developer or sponsor of a project assisted with CDBG funds (or officer, employee, agent, elected or appointed official or co nsultant of the owner, developer or sponsor) whether private, for-profit or non-profit (including a community housing development organization (CHOO) when acting as an owner, developer or sponsor) may occupy a CDBG-assisted affordable housing unit in a project. This provision does not apply to an individual who receives CDBG fund s to acquire or rehabilitate his or her principal residence or to an empl oyee or agent of the owner or developer of a rental housing project who occupies a housing uni t as the project manager or maintenance worker. (2) Exceptions. Upon written request of a housing owner or developer, the participating jurisdiction (or State recipient, if authorized by the State participating jurisdiction) may grant an exception to the provisions of 5 paragraph ( f) (1) of this section on a case-by-case basis when it determines that the exception will serve to further the purpose of the CDBG program and the effective and efficient administration of the owner's or developer's CDBG-assisted project. In determining whether to grant a requested exception, the participating jurisdiction shall consider the following factors: (i)Whether the person receiving the benefit is a member of a group or class oflow-income persons intended to be the beneficiaries of the assisted housing, and the exception will permit such person to receive generally the same interests or benefits as are being made available or provide to the group or class; (ii)Whether the person has withdrawn from his or her functions or responsibilities, or the decision making process with respect to the specific assisted housing in question; (iii) Whether the tenant protection requirements of Sec. 92.253 are being observed; (iv) Whether the affirmative marketing requirements of Sec. 92.351 are being observed and followed; and (v) Any other factor relevant to the participating jurisdiction's determination, including the timing of the requested exception. Additionally, in accordance with 24 CFR Part 570, no employee, official, agent or consultant of the SubGrantee shall exercise any :function or responsibility in which a conflict of interest, real or apparent, would arise. The SubGrantee cannot engage in a federally funded contract with any entity registered in the Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs. B. Non-Appropriations Clause The SubGrantee agrees that it will include in every contract it enters, which relies upon CDBG monies for funding, a non-appropriation clause that will protect itself and the County from any liability or responsibility or any suit which might result from the discontinuance of CDBG funding for any reason . Because this SubGrantee Agreement involves funds from a federal grant, to the extent there is a conflict the :funding provisions of this SubGrantee Agreement, the federal grant and the federal statutes control rather than the provisions of Section 24-91-103.6, C.R.S. with regard to any public work projects. C. Expenditure Restrictions All CDBG funds that are approved by HUD for expenditure under the County's grant agreement, including those that are identified for the SubGrantee's Projects and activities, shall be allocated to the specific projects and activities described and listed in the grant agreements . The allocated funds shall be used and expended only for the projects and activities for which the funds are identified. D. Agreement Changes 6 No projects or activities, nor the amount allocated therefor, may be changed without approval by the County and acceptance of the revised Final Statement and/or Consolidated Plan by HUD, if required. Changes must be requested in writing and may not begin until a modification to this Agreement is fully executed. E. Direct Project Supervision and Administration Toe SubGrantee shall be responsible for the direct supervision and administration of its respective projects or activities. This task shall be accomplished through the use of the SubGrantee's staff, agency and employees. The SubGrantee shall be responsible for any injury to persons or damage to property resulting from the negligent acts or errors and omissions of its staff, agents and employees. Because the SubGrantee is responsible for the direct supervision and administration of its projects or activities, the County shall not be liable or responsible for cost overruns by the SubGrantee on any projects or activities. The County shall have no duty or obligation to provide any additional funding to the SubGrantee if its projects or activities cannot be completed with the funds allocated by the County to the SubGrantee. Any cost overruns shall be the sole responsibility of the SubGrantee. 1. The SubGrantee agrees that all funds allocated to it for approved projects or activities shall be used solely for the purposes approved by the County. Said funds shall not be used for any non-approved purposes. 2. The SubGrantee agrees that the funds allocated for any approved projects or activities shall be sufficient to complete said projects or activities without any additional CDBG funding . F. Indemnity To the extent allowed by law, the SubGrantee shall indemnify and hold harmless the County and its elected and appointed officials, officers, employees and agents from and against any and all losses, damages, liabilities, claims, suits, actions or costs, including attorneys fees, made, asserted or incurred as a result of any damage or alleged damage to person or property occasioned by the acts or omissions of SubGrantee, its officers , employees, agents, contractors or subcontractors, ari sing out of o r in any way connected with the Project or the performance o f thi s contract. G. Bo nding and Ins ura nce If the SubGrantee's projects involve construction activities, any Contractor it uses for said activities shall be required to provide and maintain, until final acceptance by the SubGrantee of all work by such Contractor, the kinds and minimum amo unts of insuran ce as follows: 1. Comprehensive General Liability: In the amount of not less than $1,000,000 combined single limit. Coverage to include: a Premises Operations b. Products/Completed Operations 7 c. Broad Form Contractual Liability d. Independent Contractors e. Broad Form Property Damage f. Employees as Additional Insured g. Personal Injury h. Arapahoe County and the SubGrantee as Additional Named Insured 1. Waiver of Subrogation 2. Comprehensive Automobile Liability: In the amount of not less than $1,000,000 combined single limit for bodily injury and property damage. Coverage to include: a Arapahoe County and the SubGrantee as additional Named Insured b . Waiver of Subrogation 3. Employers Liability and Workers Compensation: The Contractor shall secure and maintain employer's liability and Worker's Compensation Insurance that will protect it against any and all claims resulting from injuries to and death of workers engaged in work under any contract funded pursuant to this agreement. Coverage to include Waiver of Subrogation. 4. All referenced insurance policies and/or certificates of insurance shall be subject to the following stipulations: a. Underwriters shall have no rights of recovery subrogation against Arapahoe County or the SubGrantee; it being the intent of the parties that the insurance policies so effected shall protect the parties and be primary coverage for any and all losses covered by the described insurance. b . The clause entitled "Other Insurance Provisions" contained in any policy including Arapahoe County as an additional named insured shall not apply to Arapahoe County or the SubGrantee. c. The insurance companies issuing the policy or policies shall have no recourse against Arapahoe County or the SubGrantee for payment of any premiums due or for any assessments under any form of any policy. d . Any and all deductibles contained in any insurance policy shall be assumed by and at the sole risk of the Contractor. 5 . Certificate of Insurance: The Contractor shall not commence work under any contract funded pursuant to this Agreement until he has submitted to the SubGrantee, received approval thereof, certificates of insurance showing that he has complied with the foregoing insurance requirements. The SubGrantee shall also submit a copy of th e Contractor's certificates of insurance to the Coun ty . 6 . Notwithstand ing the provisions contained in this paragraph (H) set forth hereinabove, the County reserves the right to modify or waive said provisions for projects or activities for which these provisions would prove prohi bitive. The SubGrantee understands, however, that the decision to waive or modify those provisions is fully within the discretion of the County. 8 In accordance with 24 CPR parts 84 and 85, the following bonding requirements shall apply to all projects exceeding the simplified acquisition threshold: 1. A bid guarantee from each bidder equivalent to 5% of the bid price; 2 . A performance bond on the part of the contractor for 100% of the contract price; and 3. A payment bond on the part of the contractor for 100% of the contract price. H. Records The SubGrantee shall maintain a complete set of books and records documenting its use of CDBG funds and its supervision and administration of the Project. Records are to include documentation verifying Project eligibility and national objective compliance, as well as financial and other administrative aspects involved in performing the Project. The SubGrantee shall provide full access to these books and records to the County, the Secretary of HUD or his designee, the Office of Inspector General, and the General Accounting Office so that compliance with Federal laws and regulations may be confirmed. The SubGrantee further agrees to provide to the County upon request, a copy of any audit reports pertaining to the SubGrantee's financial operations during the term of this Agreement. All records pertaining to the Project are to be maintained for a minimum of five years following close-out of the Project. I. Reporting The SubGrantee shall file all reports and other information necessary to comply with applicable Federal laws and regulations as required by the County and HUD. This shall include providing to the County the information necessary to complete annual Performance Reports in a timely fashion . J. Timeliness The SubGrantee shall comply with the quarterly performance standards established in Section 11-C of this Agreement. The SubGrantee understands that failure to comply with the established standards may lead to a cancellation of the Project and a loss of all unexpended funds . K. Reimbursement for Expenses The SubGrantee agrees that before the County can distribute any CDBG funds to it, the SubGrantee must submit to the County's Housing and Community Development Services Division documentation in the form required by that D ivision which properly and fully identifies the amount which the SubGrantee is requesting at that time. The County shall have ten (10) working days to review the request. Upon approval of th e request, the County will distribute the requested fun ds to the SubGrantee as soon as possible. L. Pro gram Income 9 All program income directly derived from the Arapahoe County Community Development Block Grant Program received by the SubGrantee will be retained by the SubGrantee and will be dispersed for its approved CDBG Project activities before additional CDBG funds are requested from the County. Following completion of the SubGrantee's Arapahoe County CDBG Projects , all program income directly generated from the use of CDBG funds will be remitted to the County. M. Real Property Real property acquired in whole or in part with CDBG funds shall be utilized in accordance with the scope and goals identified in Sections I and II of this Agreement. Should the property in question be sold or otherwise disposed of, or the approved property usage discontinued, the SubGrantee shall adhere to the requirements of 24 CFR Parts 84 or 85 (as applicable) regarding the use and disposition of real property. N. State and County Law Compliance All responsibilities of the SubGrantee enumerated herein shall be subject to applicable State statutes and County ordinances, resolutions, rules, and regulations. 0. Subcontracts If subcontracts are used on the Project, the SubGrantee agrees that the provisions of this Agreement shall apply to any subcontract. D P. Suspension or Termination This Agreement may be suspended or terminated by the County if the SubGrantee materially fails to comply with any term of this Agreement. This Agreement may also be terminated for convenience by mutual agreement of the County and the SubGrantee . Q. In the event that the Unit of General Local Government should withdraw from the County's "Urban County" designation, this Agreement shall terminate as of the termination date of the County's CDBG grant Agreement with HUD . R. The SubGrantee certifies that to the best of its knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Memb er of Congress in co nn ection wi th the awarding of any Federal contract, the making of any Federal grant, the maki n g of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement ; and , 10 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions . S. Disallowance If it is determined by HUD or other federal agency that the expenditure, in whole or in part, for the SubGrantee's Project or activity was improper, inappropriate or ineligible for reimbursement, then the SubGrantee shall reimburse the County to the full extent of the disallowance. T. Verification of Lawful Presence The SubGrantee shall be responsible for ensuring compliance with C.R.S. Section 24-76.5-103 by verifying the lawful presence of all persons eighteen years of age or older who apply for any benefits funded in whole or in part by the grant funds that are the subject of this Agreement. SubGrantee shall verify lawful presence in the manner required by the statute, and shall provide proof of compliance upon the request of the County. IV. RESPONSIBILITIES OF THE COUNTY A. Administrative Control The Parties recognize and understand that the County will be the governmental entity required to execute all grant agreements received from HUD pursuant to the County's requests for CDBG funds. Accordingly, the SubGrantee agrees that as to its projects or activities performed or conducted under any CDBG agreement, the County shall have the necessary administrative control required to meet HUD requirements . B. Performance and Compliance Monitoring The Co un ty's ad ministrative obl igati ons to th e SubGrantee pursuant to paragraph A abo ve shall be limited to the performance of the administrative tasks necessary to make CDBG funds available to the SubGrantee and to provide Housing and Community Development Services (HCDS) staff whose job it will be to monitor the various projects funded with CDBG monies to monitor compliance with applicable Federal laws and regulations . C. Reporting to HUD The County will be responsible for seeing that all necessary reports and information required of the County are filed with HUD and other applicable Federal agencies in a timely fashion. 11 ' I ' ! I i 11 I I Ii ' V. EXTENT OF THE AGREEMENT This agreement, including any documents attached as exhibits which are hereby incorporated herein by reference, represents the entire and integrated agreement between the County and SubGrantee and supercedes all prior negotiations, repre:·;entations or agreements, either written or oral. Any amendments to this agreement must be in writing and signed by both the County and SubGrantee. If any portion of this agreement is found by a court of competent jurisdiction to be void and/or unenforceable, it is the intent of the parties that the remaining portions of this agreement shall be of full force and effect. · 12 I ,, I I ! ! . ' I I I l ' I I I l I I In Witness Whereof, the Parties have caused this Agreement to be duly executed this day ------of 2007. SubGrantee: City of Englewood Signature Olga Wolosyn -Mayor Mayor Title Board of County Commissioners Arapahoe County, Colorado Don Klemme on behalf of the Board of County Commissioners Pursuant to Resolution #070118 13 , I - I i I . I ! PROJECT BUDGET COLUMN A COLUMNB COLUMNC COLUMND i Project Activities Estimated Total Cost of CDBGFunds Other Funds Committed (specify by Une Item) Activity I Project administration $14,000 $3,000 $11,000 Grants for Exterior Renovations $72,000 $52,000 $20,000 I : I TOTAL: $86,000 SSS ,000 $31 ,000 I I l : I I SUBGRANTEE AGREEMENT FOR ARAPAHOE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS SUBGRANTEE: CITY OF ENGLEWOOD AND FAMILY TREE, INC. PROJECT NAME: HOUSE OF HOPE STAFFING PROJECT NUMBER: ENPS 721 This Agreement is made by and between the Board of County Commissioners of the County of Arapahoe, State of Colorado, for the Community Development Block Grant Program in the Community Resources Department (hereinafter referred to as the County) and the City of Englewood and Family Tree, Inc. (hereinafter referred to as the SubGrantee) for the conduct of a Community Development Block Grant (CDBG) Project. I. PURPOSE The primary objective of Title I of the Housing and Community Development Act of 1974, as amended, and of the Community Development Block Grant (CDBG) Program under this Title is the development of viable urban communities, by providing decent housing, a suitable living environment and expanding economic opportunities, principally for low and moderate income persons . The project by the SubGrantee known as the House of Hope Staffing Project (Project) has been categorized as a Public Services project and the SubGrantee will maintain documentation with the national objective of Limited Clientele activities. The SubGrantee may proceed to incur costs for the Project upon receii-fan official ''Notice to Proceed" from the County. II. WORK TO BE COMPLETED BY THE SUBGRANTEE The following provisions outline the scope of the work to be completed : The SubGrantee will utilize CDBG funding to provide staffing at the House of Hope, which provides long- term shelter and supportive services for homeless families . A. Payment It is expressly agreed and understood that the total amount to be paid by the County under this contract shall not exceed $34,000.00 . Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in the Project Budget and in accordance with performance criteria established in Section II-C. The parties expressly recognize that the SubGrantee is to be paid with CDBG funds received from the federal government, and that the obligation of the County to make payment to SubGrantee is contingent upon receipt of such funds . In the event that said funds, or any part thereof, are , or become, unavailable, then the County may 1 • X H I a I T C immediately terminate or amend this agreement. To the extent C.R.S. § 29-1-110 is applicable , any financial obligation of the County to the SubGrantee beyond the current fiscal year is also contingent upon adequate funds being appropriated, budgeted and otherwise available . Any Project funds not expended and drawn from the County by the deadline identified in Section IT . C. 3. below shall revert to the County and be utilized for other purposes . B. Timeline All Project activities will be completed by May 31, 2008 unless this Agreement is modified by mutual agreement of the County and SubGrantee . C. Performance Criteria In accordance with the funding application submitted by the SubGrantee for the Project, the criteria listed below are to be met during the execution of the Project. I. Quantifiable Goals: The SubGrantee will utilize CDBG funds for the continued employment of staff at the House of Hope located at 3301 South Grant Street, Englewood. Staff members will be employed by Family Tree, Inc., which provides staffing and services at the facility. By maintaining the positions, the SubGrantee will provide services for a minimum of 65 homeless families for the duration of the grant period . A total of 2 10 unique persons will be served by the Project. The SubGrantee may collect nominal fees for services provided under this grant, providing the total of all client-contributed and County grant funds do not exceed the costs of program delivery . 2. Community Impact: Homelessness -cri sis management and a bility to transit ion through the continu um of care 3 . Quarterly Performance Standards: June 30, 2007 : Begin to provide services to families September 30. 2007: Pro vi de services to approximately 12 -21 families Approximately 36-60 unique persons served December 31. 2007 : 2 - Provide services to approximately 12-21 families Approximately 36-60 unique persons served March 31. 2008: Provide services to approximately 12-21 families Approximately 36-60 unique persons served May 31, 2008: May 31, 2008 cumulative: Provide services to approximately 8-14 families 65 families served Approximately 24-40 unique persons served 210 unique persons served Submit final drawdown and completion report to County D. Reporting Requirements 1. Project reports will be due within one month following the end of each calendar year quarter (March 31, June 30, September 30, December 31) until the Project is completed. 2. The official annual audit and/or Financial Statements for the SubGrantee in which both revenues and expenditures for the CDBG Projects described herein are detailed are due annually . E. Labor Standards (Davis-Bacon) It is determined that: Proj ect activities do not require compliance with federal labor standards. F. Environmental Review N otwithstanding any provision of this Agreement, the parties hereto agree and acknowledge that this Agreement does not constitute a conunitment of funds or site appro val , and that such commitment of funds or approval may occur only upon satisfactory completion of env ironmental review and receip t by Arapahoe County of a rel ease of funds fr om the U.S. Department of Housing and Urban Deve lopment under 24 CF R Part 58 . The parties furth er agree that the pro vision of any funds to the project is conditioned on Arapahoe County's determination to proceed with, modify, or cance l the project based on the results of a subsequent environmental review. G. Uniform Relocation Act (URA) Project activities require compliance with the Uniform Relocation Act. It has been determined that no action is necessary . 111. RE PON IBILITIES OF THE SUBGRANTEE Federal Compliance 3 The SubGrantee shall comply with all applicable federal laws , regulations and requirements, and all provisions of the grant agreements received from the U.S. Department of Housing and Urban Development (HUD) by the County. These include but are not limited to compliance with the provisions of the Housing and Community Development Act of 1974 and all rules, regulations, guidelines and circulars promulgated by the various federal departments, agencies, administrations and commissions relating to the CDBG Program. A listing of some of the applicable Jaws and regulations are as follows : 1. 24 CFR Part 570; 2 . 24 CFR Parts 84 and 85; 3. Title VI of the Civil Rights Act of 1964; 4. Title VIII of the Civil Rights Act of 1968; 5. Sections 104(b) and 109 of the Housing and Community Development Act of 197 4; 6 . Fair housing regulations established in the Fair Housing Act, Public Law 90-284, and Executive Order 11063; 7. Section 504 of the Rehabilitation Act of 1973; 8. Asbestos guidelines established in CPD Notice 90-44; 9. The Energy Policy and Conservation Act (Public Law 94-163) and 24 CFR Part 39; 10. Equal employment opportunity and minority business enterprise regulations established in 24 CFR part 570.904; 11 . Section 3 of the Housing and Urban Development Act of 1968; 12 . Non-discrimination in employment, established by Executive Order 11246; 13. Lead Based paint regulations established in 24 CFR Parts 35 and 570.608 ; 14. Audit requirements established in 0MB Circular A-133 ; and 15 . Cost principles established in 0MB Circulars A-87 and A-122. Additionally, in accordance with 24 CFR Part 570, no employee, official, agent or consultant of the SubGrantee shall exercise any function or responsibility in which a conflict of interest, real or apparent, would arise . The SubGrantee cannot engage in a federally funded contract with any en ti ty registered in the Li sts of Parties Excluded From Federal Procurement or Nonprocurement Pro grams . B. Non-App ropriations Clause The SubGrantee agrees that it will include in every contract it enters, which relies upon CDBG monies for funding , a non-appropriation clause that will protect itself and the County from any liability or responsibility or any suit which might result from the discontinuance of CDBG funding for any reason . Because this SubGrantee Agreement involves funds from a federal grant, to the extent there is a conflict the funding provisions of this SubGrantee Agreement , the fe dera l grant and the federal statutes control rather than the provisions of Section 24-91-103 .6, C .R .S . with regard to any public work projects. C. Expen dit u re Restrictio ns 4 All CDBG funds that are approved by HUD for expenditure under the County's grant agreement , including those that are identified for the SubGrantee's Projects and activities, shall be allocated to the specific projects and activities described and listed in the grant agreements. The allocated funds shall be used and expended only for the projects and activities for which the funds are identified. D. Agreement Changes No projects or activities, nor the amount allocated therefor, may be changed without approval by the County and acceptance of the revised Final Statement and/or Consolidated Plan by HUD, if required . Changes must be requested in writing and may not begin until a modification to this Agreement is fully executed. E. Direct Project Supervision and Administration The SubGrantee shall be responsible for the direct supervision and administration of its respective projects or activities. This task shall be accomplished through the use of the SubGrantee's staff, agency and employees. The SubGrantee shall be responsible for any injury to persons or damage to property resulting from the negligent acts or errors and omissions of its staff, agents and employees. Because the SubGrantee is responsible for the direct supervision and administration of its projects or activities, the County shall not be liable or responsible for cost overruns by the SubGrantee on any projects or activities. The County shall have no duty or obligation to provide any additional funding to the SubGrantee if its projects or activities cannot be completed with the funds allocated by the County to the SubGrantee. Any cost overruns shall be the sole responsibility of the SubGrantee. 1 . The SubGrantee agrees that all funds allocated to it for approved projects or acti vities shall be used solely for the purposes approved by the County. Said funds shall not be used for any non-approved purposes. 2 . The SubGrantee agrees that the funds allocated for any approved projects or activities shall be sufficient to complete said projects or activities without any additional CDBG funding . F. Indemnity To the extent allowed by law, the SubGrantee shall indemnify and hold hannless the County and its elected and appointed officials, officers, employees and agents from and against any and all losses, damages, liabilities, claims, suits, actions or costs, including attorneys fees, made, asserted or incurred as a result of any damage or alleged damage to person or property occasioned by the acts or omissions of SubGrantee, its officers, employees, agents, contractors or subcontractors, arising out of or in any way connected with the Project or the performance of this contract. G. Bo ndin g and Insura nce 5 If the SubGrantee's projects involve construction activities , any Contractor it uses for said activities shall be required to provide and maintain, until final acceptance by the SubGrantee of all work by such Contractor, the kinds and minimum amounts of insurance as follows: 1. Comprehensive General Liability: In the amount of not less than $1,000,000 combined single limit. Coverage to include: a. Premises Operations b . Products/Completed Operations c. Broad Form Contractual Liability d. Independent Contractors e. Broad Form Property Damage f . Employees as Additional Insured g . Personal Injury h. Arapahoe County and the SubGrantee as Additional Named Insured i . Waiver of Subrogation 2 . Comprehensive Automobile Liability: In the amount of not less than $1,000,000 .combined single limit for bodily injury and property damage. Coverage to include: a. Arapahoe County and the SubGrantee as additional Named Insured b. Waiver of Subrogation 3. Employers Liability and Workers Compensation: The Contractor shall secure and maintain employer's liability and Worker's Compensation Insurance that will protect it against any and all claims resulting from injuries to and death of workers engaged in work under any contract funded pursuant to this agreement. Coverage to include Waiver of Subrogation. 4 . All referenced insurance policies and/or certificates of insurance shall be subject to the following stipulations: a Underwriters shall have no rights of recovery subrogation against Arapahoe County or the SubGrantee; it being the intent of the parties that the insurance policies so effected shall protect the parties and be primary coverage for any and all losses covered by the descri bed insurance. b . The clause entitled "Other Insurance Provisions " contained in any policy including Arap ahoe County as an additional named insured shall not apply to Arapahoe County or the SubGrantee. c . The insurance companies issuing the policy or policies shall have no recourse against Arapahoe County or the SubGrantee for payment of any premiums due or for any assessments under any form of any policy. d. Any and al l ded u ctibles contained in any insurance policy shall be assumed by and at the sole risk of the Contractor. 5 . Certificate of Insurance : The Contractor shall not commence work under any contract funded pursuant to this Agreement until he has submitted to the SubGrantee, received approval thereof, certificates of insurance showing that he has 6 ( complied with the foregoing insurance requirements . The SubGrantee shall also submit a copy of the Contractor's certificates of insurance to the County. 6 . Notwithstanding the provisions contained in this paragraph (H) set forth hereinabove, the County reserves the right to modify or waive said provisions for projects or activities for which these provisions would prove prohibitive . The SubGrantee understands, however, that the decision to waive or modify those provisions is fully within the discretion of the County. In accordance with 24 CFR parts 84 and 85, the following bonding requirements shall apply to all projects exceeding the simplified acquisition threshold: 1. A bid guarantee from each bidder equivalent to 5% of the bid price; 2. A performance bond on the part of the contractor for 100% of the contract price; and 3. A payment bond on the part of the contractor for 100% of the contract price. H. Records The SubGrantee shall maintain a complete set of books and records documenting its use of CDBG funds and its supervision and administration of the Project. Records are to include documentation verifying Project eligibility and national objective compliance, as well as financial and other administrative aspects involved in performing the Project. The SubGrantee shall provide full access to these books and records to the County, the Secretary of HUD or his designee, the Office of Inspector General, and the General Accounting Office so that compliance with Federal laws and regulations may be confirmed . The SubGrantee further agrees to provide to the County upon request, a copy of any audit reports pertaining to the SubGrantee's financial operations during the term of this Agreement. All records pertaining to the Project are to be maintained for a minimum of five years following close-out of the Project. I. Reporting The SubGrantee shall file all reports and other information necessary to comply with applicable Federal laws and regulations as required by the County and HUD . This shall include providing to the Co unty th e information necessary to complete annual Performance Reports in a timely fashion. J. Timeliness The SubGrantee shall comply with the quarterly performance standards established in Section II-C of this Agreement. The SubGrantee understands that failure to comply with the established standards may lead to a cancellation of the Project and a loss of all unexpended funds. K. Reimbursement for Expenses The SubGrantee agrees that before the County can distribute any CDBG funds to it, the SubGrantee must submit to the County's Housing and Community Development Services Division 7 documentation in the fonn required by that Division which properly and fully identifies the amount which the SubGrantee is requesting at that time . The County shall have ten (10) working days to review the request. Upon approval of the request, the County will distribute the requested funds to the SubGrantee as soon as possible. L. Program Income All program income directly derived from the Arapahoe County Community Development Block Grant Program received by the SubGrantee will be retained by the SubGrantee and will be dispersed for its approved CDBG Project activities before additional CDBG funds are requested from the County. Following completion of the SubGrantee's Arapahoe County CDBG Projects, all program income directly generated from the use ofCDBG funds will be remitted to the County . M. Real Property Real property acquired in whole or in part with CDBG funds shall be utilized in accordance with the scope and goals identified in Sections I and II of this Agreement. Should the property in question be sold or otherwise disposed of, or the approved property usage discontinued, the SubGrantee shall adhere to the requirements of 24 CFR Parts 84 or 85 (as.applicable) regarding the use and disposition of real property. N. State and County Law Compliance All responsibilities of the SubGrantee enumerated herein shall be subject to applicabl e State statutes and County ordinances , resolutions , rules , and regulations . 0. Subcontracts If subcontracts are used on the Project, the SubGrantee agrees that the provisions of this Agreement shall apply to any subcontract. P. Suspension or Termination This Agreement may be suspended or terminated by the County if the SubGrantee materiall y fails to comply with any term of this Agreement. This Agreement may also be terminated for convenience by mutual agreement of the County and the SubGrantee. Q. In the event that the Unit of General Local Government should withdraw from the County's "Urban County" designation, this Agreement shall terminate as of the termination date of the County's CDBG grant Agreement with HUD. R. The SubGrantee certifies that to the best of its knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of 8 any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; and, 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. S. Disallowance If it is determined by HUD or other federal agency that the expenditure, in whole or in part, for the SubGrantee's Project or activity was improper, inappropriate or ineligible for reimbursement, then the SubGrantee shall reimburse the County to the full extent of the disallowance. IV. RESPONSIBILITIES OF THE COUNTY A. Administrative Control The Parties recognize and understand that the County will be the governmental entity required to execute all grant agreements received from HUD pursuant to the County's requests for CDBG funds. Accordingly, the SubGrantee agrees that as to its projects or activities performed or conducted under any CDBG agreement, the County shall have the necessary administrative control required to meet HUD requirements. B. Performance and Compliance Monitoring The County's administrative obligat ions to the SubGrantee pursuant to paragraph A above shall be limited to the performance of the administrative tasks necessary to make CDBG funds av ailabl e to the SubGrantee and to p rovid e Housin g and Community D evelopment Services staff whose job it will be to monitor the various projects funded with CDBG monies to monitor compliance with applicable Federal laws and regulations. C. Reporting to HUD The County will be responsible for seeing that al l necessary reports and information required of the County are filed with HUD and o ther applicable Federal agencies in a timely fashion . V. EXTENT OF THE AGREEMENT 9 1bis agreement, including any documents attached as exhibits which are hereby incorporated herein by reference , represents the entire and integrated agreement between the County and SubGrantee and supercedes all prior negotiations, representations or agreements, either written or oral . Any amendments to this agreement must be in writing and signed by both the County and SubGrantee. If any portion of this agreement is found by a court of competent jurisdiction to be void and/or unenforceable, it is the intent of the parties that the remaining portions of this agreement shall be of full force and effect. 10 ) In Witness Whereof, the Pru.ties have caused this Agreement to be duly executed this _____ day of _____________ , 2007 . SubGrantee : City of Englewood Signature Olga Wolosyn -Mayor Ha or Title SubGrantee: Family Tree, Inc. Signature l1EO Title Board of Co unty Commissioners Arapahoe County, Colorado Don Klemme on behalf of the Boru.·d of County Commissioners Purs uant to Resolution #070118 ..... ( PROJECT BUDGET COLUMN A COLUMNB COLUMNC COLUMND Project Activities Estimated Total Cost of CDBGFunds Other FundJ Committed (specify by line Item) Activity Personnel $289,444 $34,000 $255,444 Operating Costs $194,364 0 $194,364 TOTAL: $483,808 $34,000 $449,808 ; ,, ! ii ( ORDINANCE NO. SERIES OF 2007 BY AUTHORITY COUNCIL BILL NO. 29 INTRODUCED BY COUNCIL MEMBER TOMASSO AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN ARAPAHOE COMMUNITY COLLEGE FOR THE AREA CAREER AND TECHNICAL SCHOOL (ACTS) AND THE CITY OF ENGLEWOOD PERTAINING TO THE BUILDING OF A SINGLE FAMILY RESIDENCE AT 2400 BLOCK OF SOUTH ZUNI, ENGLEWOOD, COLORADO . WHEREAS, the City Council of the City of Englewood has committed to reviewing options for housing and developing a strategy to enhance diverse housing options in the community; and WHEREAS , the City of Englewood became involved with Arapahoe Community College Area Career and Technical School (ACTS) during 1985 when the principal of Colorado 's Finest Alternative High School contacted the City for assistance in expanding the building trades program; and WHEREAS , the ACTS program was able to off er a two year Comprehensive Building Trades program for high school students and adults to hav e a "hands-on" experience in building a home from the ground up throughout the school year; and WHEREAS, City will act in the role of the developer by providing construction funds from the Housing Rehabilitation Fund and a site contractor will be hired to coordinate the day-to-day building activities with the ACTS instructor and students ; and WHEREAS , the site, with house, will be sold after completion of the project and the proceeds will be returned to the Housing Rehabilitation Fund; NOW, THEREFORE , B E IT ORDAINED BY THE C ITY COUNCIL OF THE C ITY OF ENG LEWOOD, CO LORADO, AS FO LLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the Intergovernmental Agreement between the Arapahoe Community College for the Area Career and Technical School (ACTS) and the City of Englewood , a copy of which is marked as "Exhibit A" and attached hereto . Section 2 . The Mayor and the City Clerk are hereby authorized to sign and attest said Intergovernmental Agreement on behalf of the City of En glewood . Introduced, read in full , and passed on first reading on the 7th day of May, 2007 . -1 - I -· ~ I - 9 biii i I . I I. r I .J I I Ii I I Published as a Bill for an Ordinance on the 11th day of May, 2007. Read by title and passed on final reading on the 21st day of May , 2007 . Published by title as Ordinance No . _, Series of 2007 , on the 25th day of May, 2007. Olga Wolosyn, Mayor AITEST: Loucrishia A . Ellis, City Clerk I, Loucrishia A . Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No . _, Series of 2007 . Loucrishia A. E llis -2- AGREEMENT This Agreement, made this __ day of 2007, is between the CITY OF ENGLEWOOD, COLORADO (the City), and the ARAPAHOE COMMUNITY COLLEGE/AREA CAREER AND TECHNICAL SCHOOL (ACC/ACTS) of 5900 South Santa Fe Drive-#AD 427, P. 0. Box 9002, Littleton, Colorado 80160-9002. WHEREAS, the City desires to assist the students in the ACC/ACTS program to gain experience for their Comprehensive Building Trades ACTS classes; and WHEREAS, ACC/ACTS desires to provide practical on-the-job experience to Student Laborers regularly enrolled in its Comprehensive Building Trades classes; NOW, THEREFORE, in consideration of the mutual promises made herein the parties agree as follows: ARTICLE I-DUTIES A. AC€/ACTS: 1. ACC/ ACTS shall provide student laborers to perform construction jobs related to the construction of a dwelling located at a site to be determined (the "Project"), according to the plans and specifications to be provided by the City. ACC/ACTS shall provide work crews in separate classes. 2 . ACC/ ACTS shall instruct the Student Laborers in the construction trades' skills, which they will need in order to perform their tasks in the construction of the dwelling. ACC/ ACTS makes no representations that the Student Laborers will be skilled in the tasks they are asked to perform by the City. (See attached Task List outlining responsibilities of the City and ACC/ACTS . 3 . ACC/ ACTS shall make available at the construction site for use by the Student Laborers in construction of the dwelling, hand and power tools, except those mentioned in Article I-B . 3, as ACC/ACTS shall deem adequate in quality and quantity. To the extent that other equipment is needed for the Project and is available w ithout cost to ACC/ AC.TS , ACC/ ACTS shall provi de the equipment. All other equipment shall be the responsib ility of the City. 4. Transportation will be the responsibility of the student laborers and/or school districts where applicable and provided. B. T.HECITY: 1. The City shall manage and supervise the construction Project. The City shall obtain all pennits, licenses, inspections and certificates, blueprints and utilities (temp orary service). 2 . The City shall pay the costs of all materials used on the Project, for all subcontractors other than ACC/ACTS and all other costs associated with the Project, except those which are to be paid by ACC/ACTS as set forth in this Agreement. I! X H I B I T A ) 3. The City shall provide each Student Laborer with the following tools or acceptable substitute: Tool Belt-Atchison A427 -SP, Framing Hammer Stanley-SI649, Tape Measure-25' 33-425, Safety glasses UVEX S 129, Combination Square Stanley 46222, Chalk Line -Stanley 47-051, Utility Knife-Stanley 10-299, Hard Hat-OSHA approved. The City shall not be responsible for the replacement of any tools, whjch are lost or stolen. If the Student Laborer completes the course, he or she shall be allowed to keep any of the tools remaining in his or her possession. 4 . The City shall contribute $30 .00 per Student Laborer toward the cost of jackets for each Student Laborer. 5. The City shall have the right to object to the involvement or prevent the future involvement of any Student Laborer in the Project for failure to adhere to instructions of the City or its agents, violation of safety rules, and conduct which may be harmful to the City, any of its officers, directors, agents or invitees or to any other Student Laborer, or conduct which would constitute a misdemeanor or felony. Every effort will be made to see completion of the Project within one school year. 6. The City shall require that subcontractors, other than ACC/ACTS, shall take reasonable time to explain the work they are performing. It is expressly agreed that these explanations are merely incidental to the work to be performed by such subcontractors and are to interfere as little a s practicable with the subcontractors' other duties. ARTICLE II -LIABILITY A . A CC/ACTS through the Consortium Districts shall maintain, at the District Member's sole cost, adequate Workers' Compensation Insurance coverage for the Student Laborers, during all times during which Student Laborers are working on the Project. ACTS Consortium Districts shall provide evidence of insurance upon the expiration and renewal of any le1m of insurance or upon any change in Workers' Compensation Insurance coverage to ACTS Consortium Districts . B. The City will not hold A C C/ACTS res ponsible for products and compl eti on insurance cov erage. C. The City shall maintain liability coverage for the Project. D . ACC/ACTS shall provide an acceptable waiver of liability for each Stu dent Laborer. E . All personal property belon ging ACC/ ACTS or the Student Laborers that is in or on the Project shall be there at the risk of ACC/ACT S. The City, its agents, directors or employees shall not be liable for any damage thereto, unless such damage was caused directly by the City, its agents, d irectors or employees. The City shall not be responsible for providing security for a personal property left on the job site by ACC/ ACTS or the Student Laborers . ARTICLE ID -TERMINATION A. Either party may tenninate this Agreement at any time upon 30 days written notice mailed or delivered to the address set forth above. The parties agree that prior to tennination of this Agreement by this provision, the parties shall meet or attempt to meet to resolve any dispute. Either party may, for any reason whatsoever , tenninate this Agreement after any such meeting or attempted meeting pursuant to this provision. Neither party shall be liable to the other for any actual or perceived lack of good faith in attempting to resolve any dispute in accordance with this provision. B. In the event of tennination, the parties shall have no further obligation whatever under this Agreement and the Student Laborers may keep any tool belts and tools , which have been, supplied them. C. This Agreement may also be terminated if an acceptable site is not provided by the City by a date mutually acceptable to the parties. ARTICLE IV-EQUAL OPPORTUNITY ACC/ ACTS shall adhere to all federal, state and local statutes, ordinances and regulations including, but not limited to, equal opportunities and civil rights laws. ARTICLE V-WAIVER No waiver of any provision of this Agreement shall be construed to be a waiv er of any subsequent breach of the same or any other provision of this Agreement. AR TI CLE VI -INTEGRATION Any and all prior agreements between the parties hereto with respect to the subject matter of this Agreement are hereby canceled and terminated. No amendments to this Agreement shall be made other than by a wri tten amendment signed by all the parties . ARTICLE VII -A TIORNEYS ' FEES In the event of any acti on or proceeding brou gh t by either party against the other under this Agreement the pr evailing party shall b e entitled to r ecover all exp enses incu rred th erefore, includ ing but not limited to , reasonab le attorneys' fees. ARTICLE vm-GOVERNING LAW This Agreement is made and entered into in the State of Colorado, and shall in all ways be governed and construed by the Jaw of such State. ARTICLE IX -INDEX ING All indexing set forth in the margin of this Agreement are intended for convenience only and shall not control or affect the meaning, construction or effect of this A greement or of any of the provisions thereof. ARTICLE X -SEVERABILITY If any provision of this Agreement is adjudicated invalid or against public policy for any reason by a court of competent jurisdiction, it is specifically intended that each and every provision not so invalidated shall remain in full force and effect. ARTICLE XI -HEIRS, SUCCESSORS AND ASSIGNS This Agreement shall inure to the benefit of and constitute a binding obligation upon the contracting parties and their respective heirs , successo rs and assigns . AR.AP AHOE COMMUNITY COLLEGE Date: .-/_ / ,.f -c: '/ AR.AP AHOE COMMUNITY COLLEGE By•a~~ Joseph A . Lor, ~oller Date: v / n/ oJ CITY OF ENGLEWOOD By:---------------Date: _____ _ Olga Wolosyn, Mayor ATTEST: Loucrishia A. Ellis, City Clerk CITY OF ENGLEWOOD Temp Service set All legals and land permits Contractor License to Excavation Foundation Underground Plumbing Truss order Exterior (siding) Gutters Garage OH door HVAC Rough plumbing Rough electrical Insulation Drywall finish/texture Painting interior & exterior Ceramic tile Concrete drive/walk Cabinets & tops Finish plumbing Finish electrical Floor coverings Sprinklers/landscape Provide a boom truck if needed TASK LIST* ACC/ACTS CAREER AND TECHNICAL SCHOOL Back brace foundation Floor framing/subfloor Wall framing/Sheathing Roof Truss/Stick build Roof sheathing dry in Shingles (3 tab) Window/Exterior doors Hang drywall All Interior doors Closet shelves Case Base trim Window sills Medicine cabinets Towel bars & T .P . Hardware Set appliances (no built in oven) * This task list can be adjusted by mutual agreement of the (2) parties should scheduling require an adjustment ' ORDINANCE NO. SERIES OF 2007 BY AUTHORITY COUNCil.. Bll..L NO. 32 INTRODUCEDBYCOUNCil.. MEMBER WOODWARD AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA) FOR MUTUAL AID/AUTOMATIC AID AGREEMENT BETWEEN SOUTH METRO FIRE RESCUE AND THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, Englewood is a home rule municipal corporation organized and existing pursuant to Article XX of the Colorado Constitution, its Charter and its Ordinances; and WHEREAS, Englewood's territorial jurisdiction, is in general, the legal boundary of the City of Englewood, Colorado; and WHEREAS, South Metro is a fire protection district organized and existing under Part 3, Chapter 32, of 1973 C.R.S.; and WHEREAS, each of the parties hereto maintains emergency equipment; and WHEREAS, emergencies may arise in one or the other of the jurisdictions resulting in greater demands than that jurisdiction can handle, or emergencies of such intensity may occur that they cannot be handled solely by the equipment of the jurisdiction in which the emergency occurs; and WHEREAS, it is in the interest of each of the parties that they may have service from the other party to aid and assist them for the pwpose of fighting fires or responding to other emergencies; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCil.. OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. C ity Council of Englewood, Colorado, hereby approves the Intergovernmental Agreement for Mutual Aid/Automatic Aid Agreement (Fire) 2007 b etween S outh Metro Fire R escu e and the City of Eng lewood, C olorado, a cop y of which is attached hereto as Exhibit 1. Section 2. The Mayor is hereby authorized to sign and the City Clerk to attest said Mutual Aid/Automatic Aid Agreement (Fire) 2007 for and on behalf of the City of Englewood . Introduced, read in full, and passed on first reading on the 7th day of May, 2007. Published as a Bill for an Ordinance on the 11 lh day of May, 2007 . Read by title and passed on final reading on the 21st day of May, 2007 . -1- i l ... '· 9biv I . I I I Published by title as Ordinance No._, Series of 2007, on the 25th day of May, 2007. ATTEST: Olga Wolosyn, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No. _, Series of 2007. Loucrishia A. Ellis -2- MUTUAL AID I AUTO MA TIC AID AGREEMENT (FIRE) 2007 THIS AGREEMENT, made by and between the CITY OF ENGLEWOOD, COLORADO, a municipal corporation, hereinafter called "Englewood", and SOUTH METRO FIRE RESCUE, hereinafter called "South Metro". WITNESSETH WHEREAS, Englewood is a municipal corporation organized and existing pursuant to Article XX of the Colorado Constitution, its Charter, its Ordinances; its territorial jurisdiction generally is the legal boundaries of the City of Englewood, Colorado, and WHEREAS, South Metro is a fire protection district organized and existing under Part 3, Chapter 32, of 1973 C.R.S.; and WHEREAS, each of the parties hereto maintain emergency equipment; and WHEREAS, emergencies may arise in one or the other of the jurisdictions of the parties, resulting in greater demands than the manpower and equipment of the party can handle; or emergencies of such intensity may occur that they cannot be handled solely by the equipment of the party in whose jurisdiction the emergency occurs; and WHEREAS, it is to the interest of each of the parties that they may have service of and from the other party to aid and assist them in the purpose of fighting fires or responding to other emergencies; NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties as follows: 1. MUTUAL AID: 1. For and in consideration of the promises of South Metro, hereinafter set forth, Englewood agrees with South Metro that in the event there are emergencies in the territory served by South Metro which are beyond the control of the fire department of South Metro, whether because of use of their equipment at other places or because of the intensity of the emergency, or otherwise, Englewood agrees, subject to the limitation hereinafter set forth, to aid and assist South Metro by causing and permitting its fire division and its equipment to be used in responding to emergencies in the territorial area of South Metro, and the need for such aid and assistance shall be determined by the fire department of South Metro, subject, however, to the following limitations: Englewood shall be excused from making its equipment and services available to South Metro in the event of the need of the emergency equipment and the manpower within the territorial area of Englewood, or their prior use at any place, 1 E X H I B I T 1 ' 2. ~------,.,·1 which decision of availability shall be made by the fire division of Englewood, and which decision shall be conclusive . For and in consideration of the promises of Englewood, hereinafter set forth, South Metro agrees with Englewood that in the event there are fires or other emergencies in the territory served by Englewood which are beyond the control of the fire division of Englewood, whether because of use of their equipment at other places or because of the intensity of the emergency, or otherwise, South Metro agrees, subject to the limitations hereinafter set forth, to aid and assist Englewood by causing and permitting South Metro equipment to be used in responding to emergencies in the territorial area of Englewood, and the need for such aid and assistance shall be determined by the fire division of Englewood, subject, however, to the following limitation: South Metro shall be excused from making its equipment or service available to Englewood in the event of the need of the emergency equipment or need of the manpower within the territorial area of South Metro, or their prior use at any place, which decision of availability shall be made by the fire department of South Metro, and which decision shall be conclusive. 3 . Each party waives all claims and causes of action against the other party for compensation, damages, personal injury or death occurring as a consequence, direct or indirect, of the performance of this Agreement. 4 . Each party shall be expected to maintain its equipment and organize its em ergency response method, with both manpower and equipment, to the degree necessary to cope with the ordinary and routine emergencies arising within its boundaries and for which the party is organized. Neither party shall expect the other to respond to emergency calls where the emergency arises due to a failure to organize available manpower or maintain equipment in proper working order and in sufficient quantity to meet the respectiv e demands of the persons and property within each of the parties' respective j urisdictions. II . AUT O MA TIC AID 1. It is understood and agreed that the Englewood Fire Division will respond from the appropriate fire apparatus into South Metro Fire Rescue's district as part of the initial response through automatic dispatching by South Metro dispatchers into the below-defined areas . DEFINED AREA -SOUTH METRO : generally bounded by Clarkson Street on the west, University Boulevard on the east, East Hampden A venue on the north (including the Cherry Hills Heights subdivision), and South Sherman Street (5400 block South) on the south. Additionally coverage will also extend to an area generall y bounded b y University Boulevard on the west, East Hampden A venue 2 i i I ' ~ I i I i I ! i I I I I ~ 2. on the north, Colorado Boulevard on the east, and Quincy Street on the south. SEE EX1DBIT "A". It is understood and agreed that South Metro Fire Rescue will respond from the appropriate apparatus into Englewood's district as part of the initial response through automatic dispatching by Englewood's dispatchers into the below-defined areas. DEFINED AREA -ENGLEWOOD: generally extending from Broadway east to the City limits, north from East Tufts to the City limits. ill. OTHER PROVISIONS: 1. Either party hereto may terminate this contract without cause upon thirty (30) days prior written notice to the other. IN WITNESS WHEREOF, the parties hereto have executed this Agreement this ___ day of 2007. SOUlH METRO FIRE RESCUE CITY OF ENGLEWOOD By: By: President, Fire District Board Olga Wolosyn, Mayor By: By: Chief, Fire Department Chris Olson, Director Safety Services AITEST: By: Loucrishia A . Ellis City Clerk 3 I -- ' • i I I : I I : I I - Exhibit A -South Metro Mutual Aid; Automatic Aid Areas i • .. ! ... } ;t,~ I ORDINANCE NO. SERIES OF 2007 BY AlffHORITY COUNCIL BILL NO. 33 INTRODUCED BY COUNCIL MEMBER WOODWARD AN ORDINANCE APPROVING AN INTER GOVERNMENT AL AGREEMENT (IGA) FOR MUTUAL AID/AUTOMATIC AID AGREEMENT BETWEEN THE CITY OF LITTLETON, COWRADO AND THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, Englewood is a home rule municipal corporation organized and existing pursuant to Article XX of the Colorado Constitution, its Charter and its Ordinances; and WHEREAS, Englewood's territorial jurisdiction, is in general, the legal boundary of the City of Englewood, Colorado; and WHEREAS, Littleton is a municipal corporation providing fire service within the legal boundaries of the City of Littleton and the legal boundaries of the Littleton Fire Protection District and the legal boundaries of the Highlands Ranch Metropolitan District ( collectively referred to as the ''territory of service area of Littleton") pursuant to an intergovernmental agreement with said D istricts for fire services; and WHEREAS, each of the parties hereto maintains emergency equipment; and WHEREAS , emergencies may arise in one or the other of the jurisdictions resulting in greater demands than that jurisdiction can handle, or emergencies of such intensity may occur that they cannot be handled solely by the equipment of the jurisdiction in which the emergency occurs; and WHEREAS, it is in the interest of each of the parties that they may have service from the other party to a id and assist them for the purpose of fighting fires or responding to other emergencies; NOW, THEREFORE, BE IT ORDAINED BY THE C ITY COUNCIL O F THE C ITY OF ENGLEWOOD, COLORADO, AS FOL WWS: Section 1. City Council of Englewood, Colorado, hereby approves the Intergovernmental Agreement for Mutual Aid/Automatic Aid Agreement (Fire) 2007 Between the City of Littleton, Colorado and the City of Englewood, Colorado, a copy of which is attached hereto as Exhibit l . Section 2. The Mayor is hereby autho rized to sign and the City Clerk to attest said Mutual Aid/Automatic Aid Agreement (Fire) 2007 for and on behalf of the City of Englewood. Introduced, read in full , and passed on first reading on the 7th day of May, 2007 . -1- 9bv Published as a Bill for an Ordinance on the 11th day of May, 2007. Read by title and passed on final reading on the 21st day of May, 2007 . Published by title as Ordinance No._, Series of 2007 , on the 25th day of May, 2007. Olga Wolosyn, Mayor ATTEST: Loucrishia A. Ellis, City Clerk L Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No. _, Series of 2007. Loucrishia A. Ellis -2- } ( AUTO MA TIC AID AND MUTUAL AID AGREE MENT THIS AGREEMENT, made by and between the CITY OF ENGLEWOOD, COLORADO, hereinafter called "Englewood", and the CITY OF LITTLETON, COLORADO, hereinafter called "Littleton", WITNESSETH THAT: WHEREAS, Englewood is a municipal corporation and its territorial jurisdiction generally is the legal boundaries of the City of Englewood, Colorado, and WHEREAS , Littleton is a municipal corporation providing fire service within the legal boundaries of the City of Littleton and the legal boundaries of the Littleton Fire Protection District and the legal boundaries of the Highlands Ranch Metropolitan District ( collectively referred to as the ''territory or service area of Littleton") pursuant to an intergovernmental agreement with said Districts for fire services ; and , WHEREAS , each of the parties hereto m.aintain emergency equipment; and, WHEREAS , emergencies may arise in one or the other of the jurisdictions of the parties resulting in greater demands than the personnel and equipment of that party can handle, or emer gencies of such intensity may occur that they cannot be handled solely by the equipment of the party in whose j urisdiction the emergency occurs; and, WHEREAS , it is in the intere st of each of the parties that they may hav e service of and from the other party to aid and assist them for the purpose of fighting fires or responding to the other emergencies . NOW TIIEREFORE, in consideration of the promises hereafter set forth , it is m utuall y agreed by and between the parties : I . MUTUAL AID A. Englewood shall in the event there are fires or other emergencies in the territory or service area of Littleton which are beyond the control of Littleton, whether because of the use of its equipment at other places or because of the intensity of the emergency, or otherwise, subject to the limitations hereinafter set forth, aid and assist Littleton by causing and permitting its fire department and its equipment to be used in responding to emergencies in the territory and service area of Littleton. The need for such aid and assistance shall be determined by Littleton. Notwithstanding anything herein to the contrary, Englewood shall be excused from making its equipment and services available to Littleton in the event of the need for such equipment and/or personnel within the territory and service area of Englewood or their prior use at any other place, which decision of availability shall be made by Englewood, and which decision shall be E X H I B I T 1 conclusive. B. Littleton shall, in the event there are fires or other emergencies in the territory or service area of Englewood which are beyond the control of Englewood , whether because of the use of its equipment at other places or because of the intensity of the emergency, or otherwise, subject to the limitations hereinafter set forth , aid and assist Englewood by causing and permitting its fire department and equipment to be used in responding to emergencies in the territory and service area of Englewood. The need for such aid and assistance shall be determined by Englewood. Notwithstanding anything herein to the contrary , Littleton shall be excused from making its equipment and services available to Englewood in the event of the need of such equipment and/or personnel within the territory and service area of Littleton, or their prior use at any other place, which decision of availability shall be made by Littleton, and which decision shall be conclusive. C. The services to be rendered by one party to the other are of equal value, and there shall be no charges made by either party for the services rendered to the other party , except in the event of equipment damage by reason of the action of the employees of the other party. If the employee is determined to be at fault or negligent, the party employing that employee shall be liable for the loss. D . Each party shall maintain its equipment and organize its emergency response procedures with both personnel and equipment to the degree necessary to cope with the ordinary and routine emergencies arising within its boundaries and for which the party is organized . Neither party shall be expected to respond to emergency calls when the emergency arises due to a failure to organize available personnel or maintain equipment in proper working order and in sufficient quantity to meet the respective demands of the persons and property within each of the party 's respective territory and service areas. II. AUTOMATIC AID -ENGINE RESPONSE ONLY : A. It is understood and agreed that an Englewood Fire Division engine unit will respond fr om an y appropriate Englewood station into Littleton as part of the initial response through automatic d is patching b y di spatch personnel into the below-defined area . DEFINED AREA -Littleton : An area limited to , but generally extending from South Clarkson Street on the east (800 block east), Bow Mar Drive on the west (5600 block west), the north city limits of Littleton , and approximately Powers Avenue on the south (5500 block south); areas to include Littleton High School and the portion of Bow Mar between Bow Mar Dri ve and Sheridan Boulevard. In the event that the appro priate Englewood fire units are previously committed to other incidents Englewood will immediately notify Littleton's Communication Center of the inability 2 ( to respond so that Littleton may call in alternative units . B. It is understood and agreed that a Littleton Fire Rescue engine unit will respond from any appropriate station into Englewood as part of the initial response through automatic dispatching by dispatch personnel into the below-defined area: DEFINED AREA -ENGLEWOOD: An area limited to , but generally including all areas between South Clarkson Street on the east (800 block east), Sout T ,owell Boulevard on the west (3600 block west), West Tufts/West Union on the north (4500 block north), and the south city limits of Englewood. (Said area being specifically depicted in Exhibit # 1 attached hereto and incorporated herein by this reference .) In the event that the appropriate Littleton units are previously committed to other incidents , Littleton will immediately notify Englewood 's dispatch center of the inability to respond so that Englewood may call in alternative units . III. AUTOMATIC AID -MEDICAL RESPONSE ONLY: A. It is understood and agreed that the Englewood Fire Division will respond an engine company into a defined area within Littleton through automatic dispatching by Littleton Communication Center personnel. DEFINED AREA -LITTLETON: An area limited to , but generally including, South Broadway on the east (0000 block east,), South Hickory Street on the west (900 block west), Littleton city boundary on the north, and West Powers Avenue on the south (5600 block south). Automatic aid response into Littleton will consist of an engine company, unless this unit is previously committed to another incident and cannot respond. In this instance, Englewood will immediately notify Littleton 's Communication Center of the inability to respond so that Littleton may call in alternative units . It is understood and agreed that Littleton will continue to respond their nonnal Adv anced Life Support unit and private transport ambulance, if needed , to medical call s in the defined automatic ai d res ponse area. B . It is understood and agreed that Littleton Fire Rescue will respond an engine company into a defined area within Englewood through automatic dispatching by Englewood dispatch personnel. DEFINED AREA -ENGLEWOOD : An area limite d to, but generally including the area known as Centennial Acres, which is bounded by th e South Pl atte River on the east, Lowell Boulevard on the west (3600 block west), the city li m its of Englewood on the north, and West Be ll eview A venue on the south (5100 block south). (Said area being specifical ly depicted in Exhibit #A 3 -- attached hereto and incorporated herein by this reference.) Automatic aid response into Englewood will consist of an engine company, unless this unit is previously committed to another incident. In this instance, Littleton dispatchers will immediately notify the Englewood dispatch center of the inability to respond so that Englewood may call in alternative units. It is understood and agreed that Englewood will continue to respond its normal Advanced Life Support unit, or private ambulance, as needed. IV. SUPERSEDING EFFECT OF THIS AGREEMENT This agreement shall supersede any prior agreements between the parties hereto. V. OTHER PROVISIONS A. This agreement shall remain in full force for a maximum period of two years from the date of execution. However, either party hereto may terminate this contract without cause upon thirty (30) days prior written notice to the other party. B. The respective directors listed below may establish procedures and protocols for the carrying out of this Agreement; however, no such procedure or protocol shall be contrary to the terms of this Agreement. IN WITNESS WHEREOF, the parties hereto have executive the Agreement this ___ day of 2007 . CITY OF LITTLETON By: -----------James Taylor, President Littleton City Council ATTEST: By: __________ _ Julie Bower City Clerk APPROVED AS TO CONTENT: By: __________ _ John Mullin Fire Chief APPROVED AS TO FORM By: __________ _ s CITY OF ENGLEWOOD By: ___________ _ Olga Wolosyn, Mayor City of Englewood ATTEST: By: ___________ _ Loucrishia A. Ellis City Clerk APPROVED AS TO CONTENT: By:------------- Chris Olson Director of Safety Services ( -· I', '·, , I ~ ' ~ ;' : '"":- • /i '· ,I. '/ II -,,, ~ ' · ' I ,; -,,·.(' . : ~ii""-~ J d }.'/ I _.;' . tit, .:; ~;,' • ,; 'I 1 411' -,,, I k ·•. -" ' Exhibit A Littleton Mutual Aid/ Automatic Aid Areas •. , .. ,: "' . , t lo!i',.•,..;_ ··~ ; .·cl) .... I, ·.r , ~ ''. ; : ~ ; . -\ I ·· r-~1,·1 I ;·.i!J .1.1 1 .. ~ u ,, ,.-,..-·• .. , :,i···,·,11 .·,·:, ''. • J ~[1~· '.) ~,, . ! . i~. ~c ~, ' •• ; ;. \ : • '. , ! . • ·~ ". I , ; , • ···r· -, 1 • · I ·:. · 1 '·, • •• E'· · · ~ j .. f : /'. r : I. . ;_•/' ::, ./ ~ ·:-/ , ' I . . ·: :•'· . I . -;· : 11 ' , '.!..J r, 1·" ·. , I ; .. , '''·"' , . ,, ,, ., , . . . ' . , , ·=· ..,,. -:,1tc.,i· -,.. rif:· · \Ii '.· ·~ · ;, -. ' · ';·· 1~_.... . . ;t~1 .... ,, ... I-' ••. ·"· ·, .... ,. .. . . ·,, .,, '""" .. 'I' ,_ r,:,:f ,.·:·; '· .~ ., .. ,,. · ... ·>·"'" ·, ·: _ · ·1.·ln,,,,41~,;-~1.,1·,·.·-~\._' ··111'·.,,,, 1,ir}· . .-1,11."Ji :. ,· . .'• . 1 1,, '11 , 11 1 1 / ,j" I ..J ' if~· /' ., .. " ... ".· ,., .... ,,: .• '· .,,-., 'i'''•' .... 1. "!. •';{", I :.; .. /• !I ,./;//;"-;.~ ~~-NA~•W\TJQie. ! .J:·/:,l .f, ·. , <.:-·,,tciatlt--.,..11 · ( ORDINANCE NO. SERIES OF 2007 BY AUTHORITY COUNCIL BILL NO. 34 INTRODUCED BY COUNCIL MEMBER WOODWARD AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA) FOR MUTUAL A.ID/AUTOMATIC AID AGREEMENT BETWEEN THE CITY OF SHERIDAN AND THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, Englewood is a home rule municipal corporation organized and existing pursuant to Article XX of the Colorado Constitution, its Charter and its Ordinances; and WHEREAS, Englewood's territorial jurisdiction, is in general, the legal boundary of the City of Englewood, Colorado; and WHEREAS, Sheridan is a municipal corporation organized and existing pursuant to Article XX of the Colorado Constitution, its Charter and Ordinances; its territorial jurisdiction generally is the legal boundaries of the City of Sheridan, Colorado; and WHEREAS, each of the parties hereto maintains emergency equipment; and WHEREAS, emergencies may arise in one or the other of the jurisdictions resulting in greater demands than that jurisdiction can handle, or emergencies of such intensity may occur that they cannot be handled solely by the equipment of the jurisdiction of which the emergency occurs; and WHEREAS, it is in the interest of each of the parties that they may have service from the other party to aid and assist them for the purpose of fighting fires or responding to other emergencies; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. City Council of Englewood, Colorado, hereby approves the Int ergovernmental Agreement for Mutual Aid/Automatic Aid Agreement (Fire) 2007 Between the City of Sheridan and the City of Englewood, Colorado, a copy of which is attached hereto as Exhibit 1. Section 2 . The Mayor is hereby authorized to sign and the City Clerk to attest said Mutual Aid/Automatic Aid Agreement (Fire) 2007 for and on behalf of the City of Englewood . Introduced, read in full , and passed on first reading on the 7th day of May, 2007 . -1 - 9bvi Published as a Bill for an Ordinance on the 11th day of May, 2007 . Read by title and passed on final reading on the 21st day of May, 2007 . Published by title as Ordinance No. _, Series of 2007 , on the 25th day of May, 2007 . Olga Wolosyn, Mayor ATIEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No._, Series of 2007. Loucrishia A. Ellis -2- T • • ; I I , i 1 i • I I I : j 1 ! ( MUTUAL AID/ AUTO MA TIC AID AGREEMENT (FIRE) -2007 THIS AGREEMENT, made by and between the CITY OF ENGLEWOOD, COLORADO, a municipal corporation, hereinafter called "Englewood," and the CITY OF SHERIDAN, COLORADO, hereinafter called "Sheridan." WITNESSETH WHEREAS, Englewood is a municipal corporation organized and existing pursuant to Article XX of the Colorado Constitution, its Charter, its Ordinances; its territorial jurisdiction generally is the legal boundaries of the City of Englewood, Colorado, and WHEREAS, Sheridan is a municipal corporation organized and existing pursuant to Article XX of the Colorado Constitution, its Charter, and Ordinances; its territorial jurisdiction generally is the legal boundaries of the City of Sheridan, Colorado, and WHEREAS, each of the parties hereto maintain emergency equipment; and WHEREAS, emergencies may arise in one or the other of the jurisdictions of the parties, resulting in greater demands than the manpower and equipment of the party can handle; or emergencies of such intensity may occur that they cannot be handled solely by the equipment of the party in whose jurisdiction the emergency occurs ; and WHEREAS, it is the desire of the citizens of the City of Englewood, as expressed through the Fire Services Delivery Committee, to enter into agreements enhancing the delivery of emergency fire and rescue services to the City and its environs, and WHEREAS , it is to the interest of each of the parties that they may have service of and from the other party to aid and assist them in the purpose of fighting fires or responding to other emergencies ; N OW, THEREFORE, IT IS MUTUALLY A GREE D b y and between the parties as fo ll ows: I. MUTUAL AID: 1. For and in consideration of the promises of Sheridan, hereinafter set forth, Englewood agrees with Sheridan that in the event there are emergencies in the territory served by Sheridan which are beyond the control of the fire department of Sheridan, whether because of use of their equipment at other places or because of the intensity of the emergency, or otherwise, Englewood agrees, subject to the limitation hereinafter set forth, to aid and assist Sheridan by causing and permitting its fire department and its equipment to be used in responding to emergencies in the territorial area of Sheridan, and the need for such aid and assistance shall be E X Fi I B I T 1 detennined by the fire department of Sheridan , subject, however, to the following limitations : Englewood shall be excused from making its equipment and services available to Sheridan in the event of the need of the emergency equipment and the manpower within the territorial area of Englewood, or their prior use at any place, which decision of availability shall be made by the fire division of Englewood, and which decision shall be conclusive. 2 . For and in consideration of the promises of Englewood, hereinafter set forth , Sheridan agrees with Englewood that in the event there are fires or other emergencies in the territory served by Englewood which are beyond the control of the fire division of Englewood , whether because of use of their equipment at other places or because of the intensity of the emergency, or otherwise, Sheridan agrees , subject to the limitation hereinafter set forth , to aid and assist Englewood by causing and permitting Sheridan equipment to be used in responding to emergencies in the territorial area of Englewood, and the need for such aid and assistance shall be determined by the fire division of Englewood, subject, however, to the following limitation: Sheridan shall be excused from making its equipment or service available to Englewood in the event of the need of the emergency equipment or need of the manpower within the territorial area of Sheridan, or their prior use at any place, which decision of availability shall be made by the fire department of Sheridan, and which decision shall be conclusive. 3 . The services rendered by one party to the other are of equal value to the services rendered by the other party, and there shall be no charges made by the one party for the services rendered to the other party, except that in the event of equipment damage by reason of the action of the employees of the other party, the liability and loss shall be determined on the basis of the fault or negligence of any employee. If the employee is determined to be at fault or negligent, the party employing that employee shall be liable for the loss. 4 . Each party shall be expected to maintain its equipment and organize its emergency response method with both manpower and equipment to the degree necessary to cope with the ordinary and routine emergencies arising within its boundaries and for which the party is or gani zed . Neither party shall expect th e other t o respond to emergency c all s where the em er gency arises due t o a failure to org ani ze avai labl e manpower or maint ain equipment in proper working order and in sufficient quantity to meet the respective demand s of the persons and property within each of the parties' respective jurisdictions. II. AUTOMATIC AID: I. It is understood and agreed that the Englewood Fire Division will respond from the appropriate apparatus into the City of Sheridan as part of th e initial response through automatic dispatching by dispatch personnel into the below-defined areas. DEFINED AREA -SHERIDAN: the entire City of Sheridan. Automatic aid response into Sheridan will consist of a minimum 3-person company, unle all Englewood fire units are previously committed to other incidents . In this instance 2 - Englewood will immediately notify Sheridan 's dispatch center of the inability to respond, and will make every effort to send a company to Sheridan as soon as possible. 2. It is understood and agreed that the appropriate apparatus will respond into Englewood's response area as part of the initial response through automatic dispatching by dispatch personnel. DEFINED AREA -ENGLEWOOD: an area limited to, but generally including all areas between Broadway and the western boundary of the city, and between West Tufts and the northern boundary of the City. Automatic aid response into Englewood will consist of a minimum 3-person initial response, unless that fire company is previously committed to another incident. In this instance, Sheridan will immediately notify Englewood's dispatch center of the inability to respond, and will make every effort to send a company to Englewood as soon as possible. m. OTHER PROVISIONS: 1. Either party hereto may terminate this contract without cause upon thirty (30) days prior written notice to the other. 2 . This Agreement shall be administered pursuant to such written agreements as the Fire Chiefs of each party deem appropriate . 3. Unified command will be used on all responses into Sheridan. CITY OF SHERIDAN By: __________ _ Mary L. Carter, Mayor ATTES T: By:------------- Arlene Sagee, City Clerk APPROVED AS TO CONTENT: By:------------ Ron Carter, Fire Chief APPROVED AS TO FORM By: _________ _ 3 CITY OF ENGLEWOOD By:------------- City of Englewood Olga Wolosyn, Mayo r ATTEST : By:------------- Loucrishia A. Ellis, City Clerk APPROVED AS TO CONTENT: By:------------- Chris Olson, Director of Safety Services - Exhibit A Mutual Aid/ Sherida~ Aid Areas Automatic I RES0LUI10N NO. SERIES OF 2007 A RESOLUTION AUTHORIZING THE ENGLEWOOD PUBLIC LIBRARY TO IMPLEMENT THE "SUMMER FOOD FOR FINES" PROGRAM FROM TUESDAY, MAY 29th THROUGH SUNDAY, JUNE 10, 2007. WHEREAS, the Englewood Public Library has sponsored a "Food for Fines" program since 1990;and WHEREAS, the "Food for Fines" program allows patrons with overdue fines on their overdue library materials to "pay" them off through the donation of non-perishable food items; and WHEREAS, the food items are then forwarded to the Interfaith Community Services for their "food bank" distribution to financially disadvantaged families in the Englewood area; and WHEREAS, the program is a benefit to the community in that the disadvantaged are assisted; the air cleared with respect to fines; the City receives its library materials back and the program presents a positive image of the Library and the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The Englewood City Council hereby authorizes the Englewood Public Library 's implementation of the "Summer Food For Fines" program from Tuesday, May 29th, through Sunday, June 10 , 2007 . The collected food will then be forwarded to the Interfaith Community Services for distribution to financially disadvantaged families in the Englewood area . ADOPTED AND APPROVED this 21st of May, 2007. ATTEST: Olga Wolosyn, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Re solution No . __ , Series of 2007. Loucrishia A. Ellis, City Clerk ( COUNCIL COMMUNICATION Date: Agenda Item: Subject: May 21, 2007 9 Ci Englewood Public Library's 2007 "Summer Food for Fines" Program Initiated By: Staff Source: Library Department Hank Long, Director of Library Services COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The Library has sponsored this popular program since 1990, and each year the City Council has voiced its support. In 2003 the annual Food for Fines program was expanded to twice a year at the request of the Library Board and subsequently approved by City Council for two weeks during the summer as well as two weeks between Thanksgiving and Christmas as a way to mitigate the increase in overdue Library fines and as a way to encourage the timely return of EP'L materials so that they can be used by more people. The two weeks of the Summer Food for Fines program covers the last week of the public school year and the first week of vacations, a time during which students and teachers are cleaning out their desks and lockers in preparation for the summer break and numerous overdue Library materials are located, whereas the two weeks of the Winter Fo od for Fines program traditionall y covers the period in between the Thanksgi ving and Christmas holidays. Historically, each of these two biannual events averages $1 ,000 to $1 ,500 in donated food items for the Interfaith Community Services food bank. RECOMMENDED ACTION The Library Department recommends City Council approve a Resolution authorizing the Libra ry Department to implement its 200 7 Summer Food for Fines program from Tuesday, May 29 through Sunday, June 10, 2007. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED For the past 1 7 years, the Englewood Public Library has provided its "Food for Fines" program as a way for those patrons with fines on their overdue EPL materials to "pay" them off through the donation of non-perishable food items that are, in turn, forwarded to Interfaith Community Services for their "food bank" distribution to financially disadvantaged fami lies in the Englewood area. Following 2003 's increase in maximum overdue fines from $2 to $5, the Library Board requested that the number of food it ems requi red to pay off a singl e overdue charge also be increased beginning with the 2004 Winter Food for Fines program, e.g. it now takes two food items to cancel out the late charges (not lost or damaged charges) on one overdue item . These food items must be presented to the Library Staff at the Circulation Desk in order for the fines to be cl ared from the patron 's computer record. This program has been warmly received and supported b the public since its inception, and Library patrons now look forward to it as a way of helping others while relieving their own financial obligations. Thus, the program presents a positive image of the Library and the City and is a "win-win " situation for everyone in v olved. FINANCIAL IMPACT • Since its inception, this program has raised almost $30,000 in donated non-perishable food items to assist needy families in the En glewood area. • The money that the Library collects each month in "late charges" (i.e . charges on books and other EPL items returned past their original "due date " and past the 3 day "grace period") goes to the City's General Fund . These revenues traditionally drop about 50% during each of the Library 's two-week Food for Fines programs, but the loss is more than offset by the "good will " this program generates among Library patrons and by getting the Library materials back on the shelves so that others can use them . LIST OF AITACHMENTS Resolution COUNCIL COMMUNICATION Date: Agenda Item: Subject: May 21, 2007 9 cii Telecommuni c ation Services Agre ement with Affinity Telecom, Inc. Initiated By: Staff Source: Information Te c hnology Department Don Ingle, Information Technology Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION There has been no prior Council review or action on this matter. RECOMMENDED ACTION Staff recommends that Council approve, by Motion, a Telecommunication Services Agreement with Affinity Telecom, Inc. of Boulder for the provision of local and long distance services for select City telecommunication circuits. BACKGROUND AND ANALYSIS Approximately 14% of th e Information Technology operating budget is associated with c overing the c osts of telephony and data-related leased circ uits for City-wide business phone systems, public safety monitoring, Utilities telemetry monitoring, staff access to the Internet, and web ac cess by th e publi c to our growing web services. As the telecommuni c ations market has evol ved with great er co mpetition and deregulati o n, n ew serv ice s and servic e prov id ers ar e ev alu ated to det ermin e if hi gh se rv ice leve ls ca n b e maintain ed while redu ci ng operatin g c osts. After recen tly reviewi ng th e op t ions and di ffere nt ve nd o rs avai labl e t o th e City t o redu ce o ur telecomm un ica t io n ope rat ing cos ts, we be lieve it wi ll b e beneficial to t ransi t io n t o a new service provider for many of our local and long distance circuits. Affinity Telecom of Boulder has provided what we believe to be a strong balance between cost, circuit quality and service for these telecommunication support areas . The covered circuits are in the general business line areas, alarm and utility telemetry monitoring, and select Internet circuits for public services at Recreation facilities. We will remain with Qwest on circuits they can continue to provide more economically by them or which are subject to fix-term leases expiring in 2009, but will continue to look for op ti ons to reduce costs while maintaining high service levels . As we do periodically, we will also use this opportunity to determine whether certain circuits used by departments for special purpos es an be retired or integrated with other services as we make this transition . Affinity Telecom is c urrently used for similar purposes in recent, successful implementations at other muni ipal organiza ti ons such as th e cities of Boulder, Lakewood, Pueblo, Fort Collins, Longmont, Ar da , Thorn ton , and W es tminst er. --------- FINANCIAL IMPACT Our current costs for related telecommunication services via Qwest Communications are approximately $78,000 per year. The contract cost with Affinity for these circuits is proposed at approximately $59,000 annually -for a savings of roughly $19,000 per year to the City's General Fund. A detailed listing of the circuits and associated costing for each of the 93 affected circuits (Attachment C to the contract) is on file with the City Clerk's Office. ATTACHMENTS Telecommunication Services Agreement with Affinity Telecom, Inc. MASTER AGREEMENT FOR TELECOMMUNICATIONS NETWORK SERVICES THIS MASTER AGREEMENT FOR TELECOMMUNICATIONS NETWORK SERVICES (the "Agreement"), dated May_, 2007 (the "Effective Date"), is between AFFINITY TELECOM, INC ., a Colorado corporation ("Contractor"), and THE CITY OF ENGLEWOOD, COLORADO, a Colorado municipal corporation ("City"). City and Contractor may be referred to individually as a "Party" and collectively as the "Parties". W I T N E S S E T H: WHEREAS, City wishes to obtain Telecommunications Network Services for use by City in its municipal operations; WHEREAS, Contractor is in the business of providing, installing, implementing and supporting Telecommunications Network Services; WHEREAS, City has selected Contractor to provide, install, implement and support Telecommunications Network Services for City; NOW, THEREFORE, in consideration of the mutual promises contained herein, and other good and valuable consideration received and to be received , Contractor and City agree as follows : ARTICLE 1. DEFINITIONS. 1.1 Definitions. The following Definitions shall apply as set forth herein . ABR ANSI ATIS ATM Carrier Services CBR City Fiscal Year City Project Manager Critical ServlcH Circuits CPUC Days DS-0 DS-1 DS-3 Emergency Condition Available Bit Rate American National Standards Institute Alliance for Telecommunications Industry Solutions Asynchronous Transfer Mode. A high bandwidth, low-delay, connection oriented , packet-like switching and multiplexing technique. All lntra-LATA and Inter-LAT A carrier services included in this Agreement. It includes interface, installation, testing, cut-over, and operation of Services procured . Constant Bit Rate The period beginning with January 1 and ending December 31. The person, or his or her designee , duly authorized by City to enter into and administer contracts and make written determinations with respect to the Agreement. All Services that require extraordinary uptime (which is defined and measured from "end-to-end" including local loops) and which in general are provisioned with redundant transport means . Critical Services circuits have more stringent SLA requirements ; which can be further extended by City in direct discussions with Contractor. Colorado Public Utilities Commission Calendar days unless otherwise specified . Digital Signal level 0 . A voice grade channel or 64 Kbps . Digital Signal level 1. 1 .544 Mbps in North America Digital Signal level 3 . In North America DS-3 translates into T-3, which is the equivalent of 28 T-1 channels, each operating at total signaling rate or 1 .544 Mbps Any condition where the purchased Services are not being supplied to City's premises within its SLA requirements and City requ ires such Services to be operational. This definition includes all service outages except those outages .... FCC Force Majeure Gratuity Interface lnter-LATA Services Materials MPOP Node OC-X Offer Offerer Order Performance Period POP Proposal QoS Service Affecting Service Outage Service Provision Period Services SMTP Solicitation Specifications that are specifically excepted herein . The "start-time" of all emergency conditions shall be the earliest time which Contractor has knowledge of the Emergency Condition (e .g ., notification via Services Management System , City phone call, etc.). Federal Communications Commission . An occurrence that is beyond the control of the party affected and occurs without its fault or negligence . Without limiting the foregoing, force majeure includes acts of God ; acts of the public enemy; war; riots; strikes; mobilization; labor disputes; civil disorders; fire; flood; lockouts; injunctions- intervention-acts; or failures or refusals to act by government authority; and other similar occurrences beyond the control of the party declaring force majeure which such party is unable to prevent by exercising reasonable diligence . A payment, loan, subscription, advance, deposit of money, services, or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value is received The point on City's premises at which Contractor provides Services access for City's equipment. The Services Interface shall generally be a point of attachment into City's internal data network . Intra-state/inter-LAT A, interstate, and international Services. All property, including equipment, supplies, printing, insurance and leases of property but does not include land , a permanent interest in land or real property or leasing space. Main Point of Presence . The physical location at which Contractor provides the specific Services for City . Any location that has Contractor provided Services . Optical Carrier level X where X can be any accepted level in the SONET hierarchy A bid, proposal or quotation submitted by an Offerer in response to a Solicitation . A person or entity who responds to the Solicitation. A form used by City to order Services available in the Agreement. In the context of this Agreement, it is used to implement the Services included in the Agreement, by specifying the quantity, service dates, and other operational parameters . An Order cannot be used to amend the terms , conditions or requirements of this Agreement. The term of any authorized Order. Point of Presence. The response subm itted by an Offerer in response to a Request for Proposals (RFP). Means Quality of Service Any condition or event directly associated with Services provided under th is Agreement, which reduces the functionality of the Services provided by Contractor. Any unplanned loss of Services functionality at C ity 's MPOP. The number of calendar days from the date that Contractor receives a val id Order to the date that Contractor schedules the provisioning of all Services associated with that Order. The furnishing of labor, time or effort by Contractor or Subcontractor which does not involve the delivery of a specific end product other than required reports and performance , but does not include employment agreements or collective bargaining agreements . Means Simple Mail Transfer Protocol A Request for Proposals ('RFP'), or a Request for Quotati on s ('RFQ'). T he fun c tional , performance , operat ional , compatibility , and o th er 2 specifications or characteristics of Materials or Services described in this Agreement and such other specifications or characteristics of the Materials and Services agreed upon in writing by the Parties . Subcontract Any Agreement, express or implied, between Contractor and another party or between a Subcontractor and another party delegating or assigning , in whole or in part, the making or furnishing of any material or any service required for the performance of the Agreement. Subcontractor The individual, firm, corporation, or organization having a direct contract with Contractor to furnish Services, either wholly as described in the Agreement , or in support of or as part of Services, which is the responsibility of Contractor. Telecommunications Network Services TIA Voice, data, and video related Services. Telecommunications Industry Association Undefined Bit Rate or Unspecified Bit Rate Uniform Service Order Code UBR usoc VBR vcc VPC VPN Work xDSL Variable Bit Rate Virtual Channel Connection Virtual Path Connection. A concatenation of Virtual Path Links between Virtual Path Terminators Virtual Private Network All labor, materials, transportation, equipment, and other activities for, and reasonably incidental to, making the Services operational and keeping it operational. It also includes furnishing, installing, testing, interfacing with, operating, maintaining, and billing the Services, as required . A generic term for Digital Subscriber Line equipments and services including ADSL , HDSL, IDSL , SDSL , and VDSL. ARTICLE 2. SCOPE OF WORK 2.1 Telecommunications Network Services. Contractor will supply the Telecommunications Network Services and other Materials and Services set forth on Schedule A and which are described in Orders which are entered into between the Parties from time to time as provided in this Agreement. 2.2 Order Process . Orders shall be placed by City to Contractor. Orders must cite the Agreement number and shall include, expressly or by reference , the cost to City and City's requirements for Materials and Services available under this Agreement. Orders will include, at a minimum , the following information : (1) date of the Order; (2) Order number; (3) setup of City's account (including City 's profile as required for specific Service , billing, etc .); (4) term of the Order, including Materials to be suppl ied , Servic e start date , te rm ination date (if applicable), and installation date (if applicable); (5) C ity billing address and instructions ; (6) reference to related Orders ; (7 ) total cost to C ity; and (8) a list or description specifying the quantity, type and special options and/or provisions of the Materials and Serv ices ordered . City may require Contractor to assist in Order preparation by providing necessary product and Services descriptions, operating parameters , and Interface information . Contractor shall provide this assistance at no added cost to City . Each Order shall be approved and issued by Ci ty, as follows : (a) Order Acknowledgement. Contractor shall acknow ledge recei pt of all Orders . Contractor shall notify City, in writing or electronically, w ithin two (2) da ys of Order receipt. City may accept verbal Order acknowledgment when time and circumstances require . (b) Order Acceptan ce. Contractor shall acknowledge acceptance of all Orders . Contra ctor shall notify City , In writing or electron ically , wi thin five (5) days of Order rece ipt. Ord ers that are not accepted or not spec ifically rejected by Contractor within the five (5) days 3 shall be considered accepted . City may accept verbal Order acceptance when time and circumstances require . Order acceptance shall include the reservation of all elements necessary to deploy the Ordered and accepted Materials and Services . (c) Order Notification. Contractor shall, prior to the Order start date, provide to City, in writing or electronically, information pertaining to the installation of the Order's Materials and Services. Order notification sl ,all at a minimum include the following information : (1) address of installation; (2) Contractor's billing account number ; (3) City's billing account number ; (4) action type ; (5) contract number ; (6) installation due date; (7) City site contact ; (8) circuit ID or phone number; and (9) circuit type. If the Order is for Frame Relay service, the Order notification will also include the following information : (A) PVC path ID ; (B) DLCI; (C) FRSR Number; and (D) host link address information including account number, Order number, action type, install date, City site contact at host end , host circuit ID, and if applicable, PVC, path ID ; DLCI, and circuit number. Contractor shall separately quote any construction charges . (d) Order Implementation. Contractor will be responsible for and shall minimize the impact of any transition between City's incumbent service provider(s) and Contractor. Contractor shall inform City of all City responsibilities throughout Service implementation. In general , Order implementation shall not exceed ninety (90) days but shorter or longer timeframes may be negotiated between City and Contractor on a case by case basis . Contractor shall be responsible for all billing variations incurred during an unsuccessful service implementation. For example , new rates are not applied correctly or telephone numbers are not recognized in database , etc. (e) Inspection of Services Implementations. City may appoint an inspector(s) from time to time to serve as City's representative during, installation, testing, cutover , operation and maintenance of the Services (and its billing) and shall advise Contractor of same . Such inspection may extend to any part of the installation or operation of the Services . The Inspector shall not be permitted to modify in any way the provisions of the Agreement , nor to delay the work by failing to complete the inspection with reasonable promptness . The Inspector shall not interfere with Contractor's management of the work. Instructions given by the Inspector shall be respected and responded to by Contractor. Whenever required by the Inspector, Contractor shall furnish without additional charge, all tools, test equipment , and labor necessary to make an examination of the Work completed or in progress or test the quality of the Serv ices . If the Services , including its installation and operation , is found to be not in compliance w ith the Specifications , Contractor shall bear all expenses of such examination and of sati sfactory correct ion of the deficiencies . (f) Acceptance Testing of Services Implementations . Upon notification of completion of Contractor tes ti ng , City shall commence its acceptance test ing per iod of 30 ca lendar days for compl iance with Services Specifications . If, in the dis cre ti on of City, the Serv ices do not meet the Spe cification s, City will provide Contractor with written no ti fi cation of the areas of non-compliance ("Notificati on of No n-C ompliance"), an d provide Contractor the opportunity to improve, repair , or replace the Services so that the same meet the Specifications in all material respects, all at no additional expense to City. Contractor shall promptly (within 5 business days) respond to the Notification of Non-Compliance with a written change response describing the corrections to be made to the Services to remedy the areas of non-compliance . Upon such corrections, City shall re-perform acceptance testing as defined in this Section . If Contractor is unable to correct the Services within thirty (30) days, City may cancel the affected Order(s) without liability to City, and any amounts paid by City for such cancelled Orders shall be promptly refunded by Contractor to City . After all Services installation and testing activities are completed, and upon delivery of all required Services and testing documentation, a Final Services Acceptance (FCA) shall be executed by the Parties . 4 (g) Order Modification or Cancellation. (1) Modification or Cancellation prior to Order Acceptance . City may, at any time prior to Order acceptance, modify or cancel the Order, in whole, or in part . City shall have no liability for making such modifications or cancellations . (2) Modification or Cancellation after Order Acceptance. City may modify or cancel an Order after Order acceptance. Contractor may modify Orders as authorized by City. Modifications or cancellations shall be executed in writing or electronically. Any unauthorized modification or cancellation by Contractor shall constitute a material breach of the Agreement and, at City's option, cause the Order to be void. City's liability for modifications or cancellation made after Order acceptance shall be limited to the full cost of all non-recoverable expenses, including any special construction charges, caused by the modification, not to exceed the non-recurring charges for Materials and Services in the Order . City may cancel an Order due to Contractor's failure to perform in accordance with the Order notification, and/or the service level agreements contained in the Agreement. Cancellation for Contractor default shall limit the City's liability to the reoccurring and non-reoccurring costs already accepted and in use by City. 2.3 Quote Requests. City may request quotes for the specific Materials and Services available under this Agreement, through the issuance of a Contract Quote or Purchase Quote (Quote Request) to Contractor. Contractor shall provide a response to a Quote Request within fifteen (15) Days of receipt. Quotes provided by Contractor in response to a Quote Request shall include, at a minimum, the following information: (1) date the quote was requested; (2) quote number; (3) City information, to the individual department, division or office as applicable; (4) City contact person; (5) term of the Service, including Service start date, expiration date (if applicable), and installation date (if applicable); (6) total cost to City; and (7) a list or description specifying the quantity, type and special options and/or provisions of the Materials and Services . 2.4 Materials. Contractor shall ship any Materials covered by an Order in such manner so as to assure the delivery of the Materials to the site specified in the Order on or before the delivery date specified in the Order (the "Delivery Date"). Upon notice to Contractor delivered at least ten (10) days prior to the Delivery Date, City may delay the shipment of the Materials for a period of up to ninety (90) days . In the event City so notifies Contractor, the Materials shall be stored by Contractor until City designates a new Delivery Date . The Materials shall be shipped by Contractor Carriage and Insurance Paid (GIP under INCOTERMS 2000) so that the Materials will be delivered by the Delivery Date to the delivery site . For the purposes of this Agreement, delivery of the Materials shall be deemed to have occurred when the last of the ordered Materials (provided such components conform to the Specifications and requirements of this Agreement) has been delivered to the delivery site as evidenced by a bill of lading signed by the carrier ("Delivery"). Except as otherwise specifically agreed upon by City in writing, City shall not be required to accept early shipment of any Materials if such shipment would result in delivery of any portion of such Materials earlier than ten (10) days prio r to the Delivery Date for such Materials . Contractor shall retain all risk of loss or damage to the Materials until the Materials are delivered to the delivery site . Risk of loss or damage to the Materials shall pass to and vest in City upon arrival of the Materials at the delivery site. Title to the Materials shall vest in City on the Final Services Acceptance , and Contractor shall promptly execute and deliver to City written documentation which shall be effective to confirm in City good and marketable title to the Materials being purchased , free and clear of all obligations, mortgages, liens, pledges , custodianship, security interests, or any other encumbrances, claims, or charges of any kind whatsoever. 2.5 Quality of Services . In performing the Services, Contractor will be compliant with all telecommunications industry standards, including at a minimum, the following : ANSI , ATIS , CPUC , FCC and TIA standards. 2.6 Quality of Materials . Contractor warrants that, for one year after acceptance by City of the Materials, they shall be off a quality to pass without objection in the trade under the A n eement 5 --------------- description; fit for the intended purposes for which the Materials are used; within the variations permitted by the Agreement and are of even kind, quantity, and quality within each unit and among all units ; adequately contained, packaged and marked as the Agreement may require; and conform to the written promises or affirmations of fact made by Contractor . 2.7 Service Levels. Contractor shall comply with the Service Level Agreements (SLAs) set forth in Schedule B for the respective Services provided under this Agreement. This section also provides the associated reporting and credits due City if Contractor does not comply with the required service levels . (a) Service Level Nonperformance -Liquidated and Other Damages. City and Contractor may agree to some service level standards which do not give rise to liquidated damages upon service level non-performance . These service levels must nonetheless be measured, managed, and reported . Service level non-performance can also create material breach of the Agreement in the event of chronic, repeated failures . in the event that, during any consecutive thirty (30) day period, the Contractor fails to perform any required Service, or any defined Contractor service level falls one (1) percentage point or more below the target levels established as agreed upon by Contractor and City, Contractor shall pay liquidated damages to City, to compensate for the service level nonperformance. The amount of the liquidated damages will be determined based upon a formula to be set forth in Schedule B and will vary on the basis of the relative importance of the applicable required Service or service level, and shall be a reasonable estimate of the damages incurred by City due to the service level nonperformance. (b) Service Level Nonperformance -Root Cause Analysis and Remediation. In the event of Contractor's failure to perform required Services or meet agreed upon service levels or other Contractor Service standards as required by City under this Agreement , Contractor shall perform an analysis of the cause of the service level problem and implement remediation steps as appropriate . Contractor shall supply documentation of the analysis and the remed iation steps to City. City shall have the right to review the analysis and approve the remediation steps including the schedule prior to or subsequent to their implementation, as deemed appropriate by City . (c) Service Level Nonperformance -Chronic . A chronic failure is (1) a single failure that causes City in whole or in part to lose Service in whole or in part for five (5) consecutive calendar days or more or (2) three (3) or more similar failures to a single circu it or line in the space of one (1) year that causes City to lose Service in whole or in part . In the case of chron ic fa ilures , City may, at their discretion, cancel the affected Order or all accounts with Contractor. If City cancels an Order or an account under this clause , they shall not be held re spons ible for any termination costs . (d) Monitoring and Re-Routing . Contractor shall e nsure that max imum circuit re- route time shall be non-discernibl e (i.e., non-d isru ptive to the use r) for a ll traffic types on all circuits that are DS-3 or larger in total bandwidth . 2.8 Problems. Contractor agrees to notify City promptly of any factor, occurrence, or event coming to its attention that may affect Contractor's ability to meet the requirements of the Agreement, or that is likely to occasion any material delay in completion of the projects contemplated by this Agreement. Such notice shall be given in the event of any loss or reassignment of key employees, threat of strike, or major equipment failure . 2.9 Serv ices In Ge neral. In connection with the performance of any Services pursuant to this Agreement: (a) Unless a specific number of employees is set forth in the governing Order, Contractor warrants it will provide sufficient employees to complete the Services ordered within the applicable time frames established pursuant to this Agreement or as set forth in an Order. 6 Furthermore , Contractor shall, at its expense , supply all tools , equipment and other materials necessary to perform the Services contemplated in this Agreement. (b) Contractor warrants that employees shall have sufficient skill , knowledge, and training to perform Services and that the Services shall be performed in a professional and workmanlike manner. (c) Employees performing Services in the United States must be United States citizens or lawfully admitted in the United States for permanent residence or lawfully admitted in the United States holding a visa authorizing the performance of Services on behalf of Contractor . Contractor shall not discriminate against any employee, applicant for employment, or any member of the public because of race, color, religion, sex, national origin or any other class protected by federal , state or local employment discrimination laws. Contractor shall adhere to affirmative action guidelines in selecting employees and shall ensure that employees are treated equally during employment, without regard to their race, color , religion, sex, national origin or any other class protected by federal, state or local employment discrimination laws . Such action shall include, but not be limited to, the following : employment, upgrading, demotion, transfer , recruitment , advertising, layoff or termination , rates of pay or other forms of compensation and selection for training, including apprenticeship . (d) Contractor warrants that all employees utilized by Contractor in performing Services are under a written obligation to Contractor requiring the employee to maintain the confidentiality of information of City . (e) Contractor shall require employees prov iding Services at a City location to comply with applicable City security and safety regulations and policies. City may require each employee providing Services to undergo a background investigation , including , but not limited to a criminal re cords and fingerprint check . Contractor shall promptly replace any employee found to be unacceptable to City, in its discretion , on the basis of the results of a background investigation . (f) Contractor shall provide for and pay the compensation of employees and shall pay all taxes, contributions , and benefits (such as , but not limited to , workers ' compensation benefits) which an employer is required to pay relating to the employment of employees . City shall not be liable to Contractor or to any employee for Contractor's failure to perform its compensation , benefit , or tax obligations . Contractor shall indemn ify , defend and hold City harmless from and against all such taxes , contribut ions and benefits and will comply with all as soci ated governmental regulations , includ ing the fili ng of all necessary reports and return s. (g) During the cou rs e of performan ce of Serv ices , City may , for any reas on, re quest replaceme nt of an employee or a propo sed employe e. In suc h eve nt , Contractor shall, with in five (5) working days of receipt of such request from City, provide a substitute employee of sufficient skill, knowledge, and training to perform the applicable Services. If, within the first thirty (30) days after an employee's commencement of Services, City notifies Contractor (1) such employee's level of performance is unacceptable, (2) such employee has failed to perform as required, or (3) such employee, in City's sole opinion, lacks the skill, knowledge or training to perform at the required level, then City shall not be required to pay for Services provided by such employee during such period and Contractor shall refund to City all amounts paid for such employee's Services . If City requests replacement of an employee for the above-referenced reasons after such thirty (30) day time period , or at any time for a reason other than the reasons indicated above, City shall not be required to pay for, and shall be entitled to a refund of, any sums paid to Contractor for such employee's Services after the date of City's requested replacement of such employee . 7 (h) Contractor shall establish and shall retain, for a period of three (3) years following the performance of time and materials Services, records which adequately substantiate the applicability and accuracy of charges for such Services and related expenses to City. (I) Contractor and City each agree to appoint a qualified staff member or members, at no additional charge, to function as overall Project Manager(s). The Contractor Project Manager and the City Project Manager will act as the principal points of interface between the Parties . 2.10 Certification Regarding Work Status of Employees and Subcontractors. In compliance with C .R.S. 8-17 .5101, et seq., Contractor represents, warrants and covenants as follows : (a) Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not contract with a Subcontractor that (i) knowingly employs or contracts with an illegal alien to perform work under this Agreement or (ii) fails to certify to the Contractor that the Subcontractor will not knowingly employ or contract with an illegal alien to perform work under this Agreement. (b) Contractor has verified or attempted to verify through participation in the Basic Pilot Employment Verification Program created in Public Law 208, 104th Congress, and expanded in Public Law 156, 108th Congress (collectively, the "Basic Pilot Program") that Contractor does not employ any illegal aliens and, if Contractor is not accepted into the Basic Pilot Program prior to entering into this Agreement, Contractor shall apply to participate in the Basic Pilot Program every three months until Contractor is accepted or this Agreement has been completed, whichever is earlier. (c) Contractor shall not use the Basic Pilot Program procedures to undertake pre- employment screening of job applicants while performing this Agreement. (d) If Contractor obtains actual knowledge that a Subcontractor performing Work under this Agreement knowingly employs or contracts with an illegal alien, Contractor shall : 1. Notify the Subcontractor and the city within three days that Contractor has actual knowledge that the Subcontractor is employing or contracting with an illegal alien : and 2. Terminate the subcontract with the Subcontractor if within three days of receiving the notice required pursuant to sub-subparagraph (1) of this subparagraph (c) the Subcontractor does not stop employing or contracting with the illegal alien: except that Contractor shall not terminate the contract with the Subcontractor if during such three days the Subcontractor provides information to establish that the Subcontractor has not knowingly employed or contracted with an illegal alien . (e) Contractor will comply with any reasonable request by the Colorado Department of Labor and Employment ("Department") made in the course of an investigation that the Department is undertaking pursuant to C .R.S . 8-17-5.102(5). (f) If Contractor violates th is Section 2 .10, in whole or in part, City may terminate this Agreement for a breach of contract, and Contractor shall be liable for actual and consequential damages to City in addition to any other legal or equitable remedy City may be entitled to for a breach of this Agreement. 2.11 Permits. Contractor shall at its own expense secure any and all licenses, permits or certificates that may be required by any federal, state or local statute, ordinance or regulation for the performance of the Services under the Agreement. Contractor shall also comply with the provisions of all Applicable Laws in performing the Services under the Agreement. At its own expense and at no cost to 8 City, Contractor shall make any change, alteration or modification that may be necessary to comply with any Applicable Laws that Contractor failed to comply with at the time of performance of the Services . ARTICLE 3. TERM AND TERMINATION 3.1 Initial Term and Renewal. This Agreement shall be for an initial term of one (1) year and shall automatically renew from year to year thereafter unless either Party provides notice to the other Party of its intent to not renew the Agreement at least 90 days prior to the expiration of the then current term . 3.2 Default. In addition to the rights reserved in this Agreement, City may terminate this Agreement in whole or in part due to the failure of Contractor to comply with any term or condition of this Agreement, to acquire and maintain all required insurance policies , bonds, licenses and permits, or to make satisfactory progress in performing this Agreement. The City Contract Manager will provide written notice of the termination and the reasons for it to Contractor. Upon termination under this section, all goods, Materials, documents, data and reports prepared by Contractor under this Agreement shall become the property of and be delivered to City upon demand . City may, upon termination of this Agreement, procure , on terms and in the manner that it deems appropriate, materials or services to replace those under this Agreement. Contractor shall be liable to City for any excess costs incurred by City in procuring materials or services in substitution for those due from Contractor. 3.3 Gratuities. City may, by written notice, terminate this Agreement, in whole or in part, if City determines that employment or a Gratuity was offered or made by Contractor or a representative of Contractor to any officer or employee of City for the purpose of influencing the outcome of the procurement or securing the Agreement, an amendment to the Agreement, or favorable treatment concerning the Agreement, including the making of any determination or decision about contract performance . City, in addition to any other rights or remedies, shall be entitled to recover exemplary damages in the amount of three times the value of the Gratuity offered by Contractor. 3.4 Suspension or Debarment. City may , by written notice to Contractor, immediately terminate this Agreement if City determines that Contractor has been debarred , suspended or otherwise lawfully prohibited from participating in any public procurement activity, including but not limited to , being disapproved as a subcontractor of any public procurement unit or other governmental body . Submittal of an Offer or execution of a Contract shall attest that Contractor is not currently suspended or debarred . If Contractor becomes suspended or debarred , Contractor shall immediately notify City. 3.5 Convenience. City reserves the right to terminate this Agreement , in whole or in part at any time , when in the best interests of City without penalty or recourse. Upon receipt of the written notice , Contractor shall stop all Work , as directed in the not ice , not ify all Subcontractors of the effectiv e date of the termination and mini miz e all further costs to City . in the event of termination under th is section, all documents, data and reports prepared by Contractor under the Agreement shall become the property of and be delivered to City upon demand . Contractor shall be entitled to receive just and equitable compensation for Work in progress, Work completed and Materials accepted before the effective date of the termination . 3.6 Availability of Funds The Parties understand and acknowledge that each Party is subject to Article X , § 20 of the Colorado Constitution ("TABOR"). The Part ies do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of TABOR and, notwithstanding anything in this Agreement to the con trary , all payment obligations of City re expressly dependent and conditioned upon the continuing availability of funds beyond the term of Ci ty's Fiscal Year. Financial obligations of City payable after the current City Fis cal Year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of City and other applicable law. Upon the failure to ppropri le such funds , th is Agreement shall be deemed term ina ted . 9 3.7 Termination for Non-Payment. Contractor may terminate this Agreement if City fails to pay when due any undisputed amounts due and such failure continues for a period of sixty (60) days after the last day payment is due, so long as Contractor gives City written notice of the expiration date of the aforementioned sixty (60) day period at least thirty (30) days prior to the expiration date. 3.8 Termination for Insolvency or Bankruptcy. Either Party may immediately terminate this Agreement by giving written notice to the other Party in the event of (a) the liquidation or insolvency of the other Party, (b) the appointment of a receiver or similar officer for the other Party, (c) an assignment by the other Party for the benefit of all or substantially all of its creditors, (d) entry by the other Party into an agreement for the composition, extension, or readjustment of all or substantially all of its obligations, or (e) the filing of a meritorious petition in bankruptcy by or against the other Party under any bankruptcy or debtors' law for its relief or reorganization. 3.9 Continuation of Performance Beyond Expiration or Termination. Contractor shall continue to perform, in accordance with the requirements of this Agreement, up to the date of termination, as directed in any termination notice . 3.10 Continuation of Contractor's Representations and Warranties. All representations and warranties made by Contractor under this Agreement shall survive the expiration or termination hereof. 3.11 Continuation of Orders. Contractor shall, in accordance with all terms and conditions of this Agreement, fully perform and shall be obligated to comply with all Orders received by Contractor prior to the expiration or termination hereof, unless otherwise directed in writing by the City Contract Manager, including, without limitation, all Orders received prior to but not fully performed and satisfied at the expiration or termination of this Agreement. ARTICLE 4 . BILLING AND PAYMENT 5.1 Prices and Pricing. Contractor shall comply with all prices and pricing requirements set forth in Schedule C attached hereto . 5.2 Applicable Taxes . City is not subject to taxation . No federal or other taxes (excise, luxury , transportation, sales, etc .) shall be included in quoted prices . City shall not be obligated to pay or reimburse Contractor for any taxes attributable to the sale of any Materials or Services which are imposed on or measured by net or gross income, capital, net worth , franchise , privilege , any other taxes , or assessments, nor any of the foregoing imposed on or payable by Contractor. Exemption Certificates will be provided by the City . Contractor shall be responsible for paying all applicable taxes . Contractor and all Subcontractors shall pay all Federal , state and local taxes applicable to its operat ion and any persons employed by Contractor. Contractor shall, and require all subcontractors to hold the City harmless from any responsibility for taxes, damages and interest, if applicable, contributions required under Federal, and/or state and local laws and regulations and any other costs including transaction privilege taxes, unemployment compensation insurance, Social Security and Worker's Compensation . In order to receive payment the Contractor shall have a current I.RS. W9 Form on file with the City , unless not required by law. 5.3 Billing and Payments. Contractor shall comply with the following billing and payment requirements. (a) Billing and Payment Periods. Within thirty (30) days of receipt and acceptance of Materials or Services, Contractor shall submit to City a complete and accurate invoice for payment. City payments shall be due to the Contractor within thirty (30) days upon receipt of an accurate and complete invoice. (b) Billing Address . Unless otherwise indicated in the Order, invoices shall be addressed to City at City of Englewood , Department of Information Technology , 1000 Englewood Pkwy , Englewood , Colorado 80110-23 73 . 10 ) (c) Billing Media. invoices , including billing detail , shall be provided electronically in at least one format and delivery method, approved by City, such as CD-ROM, EDI, FTP, in addition to a paper copy , at no additional cost to City . Contractor shall provide documentation sufficient to facilitate parsing and loading of all data into City authorized computer systems. Contractor shall notify City of the nature of any changes or modifications in the media record format as soon as possible, but no later than 90 calendar days prior to implementing such changes. Contractor shall work with City , or their designee (which may be an approved Subcontractor), to automate the delivery and receipt of electronic Invoice and billing data . When requested, Contractor shall also provide City with summary and call detail paper-based billing at no additional cost to City. It is also preferred, in addition to the required electronic and paper copy, that Contractor provide access to invoices via a secure internet web site at no additional cost to City. All billing media details (e .g. web, CD-ROM, paper, etc.) must match each other. {d) Billing Detail. Invoices submitted for payment shall contain the same description detail as provided in the Quote Request , at a minimum, shall identify all Materials and Services (e .g. circuit number, BTN, WTN), the unit price, units of quantity, extended price, Service address or location of Service, and invoice total, for both paper and electronic media. Additionally, the approved electronic media shall also include at a minimum; call detail records identifying the actual originating phone extension (unless ANI not sent by customer for dedicated facilities), discount details, tax details, feature details, other fees and surcharges details, circuit detail at the CSR level, and USOC level invoice details . Invoice Identification Information shall include at a minimum the following 16 data elements : (1) Contractor Name; (2) Contractor account number; (3) invoice date; (4) total invoice amount; (5) total current charges ; (6) Contractor remit address; (7) account-level late fees ; (8) account level outstanding balance ; (9) account level payment received; (10) account level miscellaneous fees ; (11) point of service ID (e .g., Circuit number, phone number, etc.); (12) monthly fees ; (13) Usage-based charges ; (14) feature charges ; (15) taxes ; and (16) total charge s for po int of service . (e) Billing Pro-Rated ServicH. All Serv ices billings shall be based on a pro-ration of the total monthly Services charge rate . (f) Billing SLA Affected S.rvlce1. Contractor shall process invoices in accordance with the Billing and Payment Section of the Service Level Agreements contained herein . If, after the SLA is resolved City owes the disputed amount in part or in whole to Contractor , Contractor may assess overdue account charges up to a maximum rate of two -thirds of one percent per month on the out st nd ing balance . (g) Billing Adju1tment1 . Billi ng adjustments and/or rev ised invo ices shall be documented in writing in accord ance with the Billing Adjustments section of the Dis pute Re solut ion proces s contai ned herei n. (h) Bill ing Dl1putH . Billing dispu tes shall be addressed in accordance with the Billing Disputes section of the Oisput Resolution process contained herein . Contractor shall work with City, or their design e (wh ch m y be an approved Subcontractor), to automate the dispute process between Contractor nd City au thorized computer systems . Contractor shall provide a responsibility ma trix id ntifylng representatives, their phone number and email address, for questions an d resolution of I su s, including esca lation of unresolved disputes . (i) Billing Agent . Con tr ctor may use an agent (designated herein as a Subcontractor) to prep re nd submit invoices and receive City payments, on behalf of but in the Contractor's name . Con tr ctor sh II r m in responsible for the accuracy and correctness of the invoices issued and p ymen ts collec ted by ny billing agent. If Contractor exercises this option , Contractor shall promptly notify Ci ty n writing of such arrangement for invoicing and collection , including name , m iling nd str t addresses, and telephone number for the firm and the individual person r pon bit for th, function , and any changes thereto . 11 U) BIiiing Availability. Contractor's shall maintain the availability of on-line invoices for a minimum of two (2) years and shall maintain invoice archives for a minimum of seven (7) years . (k) Electronic BIiiing Data and Associated Software Packages. Contractor shall provide City's billing data in electronic form, associated software package(s), and all applicable provisions of the Agreement for the purpose of: (1) conducting trending analysis; (2) conducting traffic analysis; (3) permitting the loading of data into City authorized computer systems for the purpose of analysis, invoice processing, and cost allocation ; and (4) permitting additional detailed analysis such as identification of long distance costs by origination extension, and circuit costs at the CSR level. ARTICLE 5. ADMINISTRATION 5.1 Administration. Contractor shall cooperate with the City Contract Manager in the administration of this Agreement in accordance with the following requirements. (a) Contract Transition. Contractor shall cooperate with the City Contract Manager in the administration of this Agreement , ensure City's smooth transition between any incumbent provider of services and Contractor. Upon award, Contractor shall transition or "cut over" all existing orders and/or accounts under any current agreements for the same services with City. (b) Transition Period. Contractor shall complete this cut-over during a transition period not to exceed ninety (90) days . Following cutover to the new Agreement, all Services purchased under any previous agreements shall be charged at the new rates as set forth herein . (c) Transition Liability. Contractor shall be liable for all billing errors due to incomplete or unsuccessful City transition and rate cut-over. 5.2 Contract File. Contractor shall cooperate with the City Contract Manager in the administration of this Agreement, to create a record of Contractor performance to be documented and maintained within a Contract File . In addition to this Agreement, including all terms, conditions and attachment requirements herein, the Contract File shall also include : (a) Solicitation Documents. Solicitation documents shall include the City 's RFP (if any) as amended , the Contractor's Offer as revised, documentation of discussions , and evaluation documents resulting in the formation of this Agreement. (b) Contract Amendment Documents . Contract changes shall incl ude all req ue sts for changes, analysis and justifications for changes, any formal determ inations or authorizations for changes and all contract amendments associated with each change or set of changes made to this Agreement. (c) Contract Correspondences. Contract correspondences shall Include all relevant e-mails, letters, fliers, circulars and announcements from City, Contractor or other interested parties regarding this Agreement. (d) Usage Reports and Documents . Usage documentation shall include all reports, analysis, City surveys and applicable statistics regarding the consumption activity under this Agreement. Contractor shall , on a quarterly basis and within thirty (30) days of the quarter's end , submit to the City Contract Manager a usage and service level report regarding the purchase or Materials and Services, and the level of service performance provided under th is Agreement. The format , electronic and hard-copy , of all such reports shall be approved by City and h II include the quantity and the dollar value of each agreement Item . City , as deem d n c s ry , shall have the option to request add itional reports . City shall also have the opt ion to 12 ( limit the scope and contents of reports . City shall provide Contractor sufficient notice, of no less than seven (7) days , to submit any additional reports . If Usage Reports required herein are submitted more than thirty (30) days late , are incomplete, or are late or incomplete more than three (3) times throughout this Agreement's term , City may seek remedies available to it herein including temporary suspension, stop work order or termination for default. Usage reports shall consist of, at a minimum, the following elements: (1) Compliance and Performance . Contractor's report shall include a summary of Contractor activities performance-related metrics demonstrating ongoing compliance with the terms and conditions and requirements of this Agreement as well as satisfactory levels of customer satisfaction, complaint documentation and resolution, benefits realization and other issues and action items . Related documentation shall include any commendations, complaints, and all documents resulting from problem resolution activities. (2) Benefits Realization. Contractor's report shall include a summary of benefits realized by City through the continued utilization of the Agreement. Benefits shall at a minimum include, savings from standard government rates aggregate for this Agreement. Benefits may also include other value-added services, City incentives and examples of superior City support. 5.3 Performance Management. Contractor shall cooperate with the City Contract Manager in the administration of this Agreement , to review performance indicators, to identify performance issues before, or promptly after , a problem occurs, and to address and resolve performance problems in a timely and responsible manner. (a) Annual and Semi-annual Meetings . Contractor shall, at least once annually and more frequently as required by City , meet with the City Contract Manager and/or members of delegated representatives to review Contractor performance against the terms , conditions and requirements of this Agreement. (b) Issue and Problem Resolution. When an issue or problem requires notice and mitigation steps by the parties, City and Contractor shall follow the same Dispute Resolution process as set forth herein . Depending on the severity of the issue or problem, City may at its discretion, bypass the Dispute Resolution process herein and precede directly to the Remedies provisions of this Agreement. 5.4 Responsibility Documentation. Contractor 's past performance is a standard determ inant of Offerer respons ibility in the award of futu re contracts . Contractor performance , as documented in the contract file , may pos itively or negatively effect future propo sals submitted in response to sol ici tation s condu cted by City . 5.5 Am e ndment s. Notwithstanding any other references hereto, this Agreement may be modified only through a bilateral amendment within the scope of this Agreement. Changes to this Agreement, including the addition of Work or Materials , the revision of payment terms , or the substitution of Work or Mater ials , directed by a person who is not specifically authorized by City in writing or made unilaterally by Contractor are violations of this Agreement. Such changes, including unauthorized written amendments shall be void and without effect , and Contractor shall not be entitled to a ny claim under this Agreement based on those changes . City may unilaterally amend and/or revise the Agreement to update certain attachments herein that apply to information subject to periodic changes that do not directly affect the scope of this Agreement. Contract amendments shall be effective as of the date of the executed amendment unless otherwise stipulated therein 5.6 Reme dies. 13 (a) Demand for Assurance. If City has reason to believe that Contractor does not intend to , is unable to perform or continue performing under this Agreement, the City Contract Manager may issue a formal demand for assurance letter demanding written assurance of intent to perform . Failure by Contractor to provide written assurance within the number of days specified in the demand may, at City's option, be the basis for terminating this agreement or other rights and remedies available by law or provided by this Agreement. (b) Temporary Suspension . In addition to the rights reserved in th is Agreement , City may temporarily suspend this Agreement in whole or in part due to the failure of Contractor to comply with any term or condition of this Agreement , to acquire and mainta in all required usage reports, insurance policies, bonds , licenses and permits, or to make satisfactory progress in performing this Agreement. The City Contract Manager shall provide written notice of the temporary suspension and the reasons for it to Contractor . ARTICLE 6. WARRANTIES, INDEMNITIES, AND LIABILITIES 6.1 Materials. Contractor warrants that for a period of not less than one ( 1 ) year, from the date of City Acceptance , that Materials purchased under this Agreement shall be (a) of a quality to pass without objection in the trade ; (b) fit for the intended purposes for which the Materials are used; (c) with in the variations permitted by this Agreement and are of even kind, quantity , and quality within each unit and among all units ; (d) adequately contained, packaged and marked as this Agreement may require ; and (e) conform to the written promises or affirmations of fact made by Contractor . Contractor warrants that Materials supplied under this Agreement are free of liens and shall remain free of liens . The warranties set forth in this section are not affected by inspection or testing of or payment for the materials by City . 6.2 Services . Contractor warrants to City that: (a) the Carrier Service shall operate and be ava ilable as described in this Agreement, appl icable documentation and the Order for such Serv ices ; (b) all Services shall be performed us ing sound , professional practices and in a competent and profe ssional manner by knowledgeable , trained and qualified personnel ; (c) all obligations owed to the th ird parties with respect to the activities contemplated to be undertaken by Contractor pursuant to this Agreement are or will be fully satisfied by Contractor so that City will not have any obligations (other than obligations se t forth in this Agreement) with respect thereto ; (d) Contractor's obligations hereunder are not in conflict with any other Contractor obligations ; (e) Contractor will comply with all applicable laws , rules , and regulat ions in the performance of its obligations hereunder; and (f) Contractor's arrangements with its Subcontrac tor s and agents who provide services to Contractor in connection with the performance of Contractor's obl igations hereunder shall be in compliance with the terms and conditions of th is Agreement. 6.3 Non-Infringement Warranty. Contractor represents and warrants that (a) at the time of delivery to City, no Materia ls , Services and/or methodology provided under this Agreement is the subject of any litigation ("Litigation "), and (b) Contractor has all right, title, ownershi p interest , and/or marke ting rights necessary to provide the Materials , Services and/or methodology to City, the Materials , Services and/or methodology, and their sale, license , and use hereunder do not and shall not directly or indirectly violate or infringe upon any copyright, patent, trade secret, or other proprietary or intellectual property right of any third party or contribute to such violation or infringement ("Infringement"). Contractor shall indemnify and hold City and its, officers, directors, employees, and agents harmless from and against any and all actions, claims, losses, damages, liabilities, awards, costs, and expenses (including legal fees) resulting from or arising out of any Litigation, any breach or claimed breach of the foregoing warranties , or which is based on a claim of an Infringement and Contractor shall defend and settle, at its expense. II suits or proceedings arising therefrom . City shall inform Contractor of any such suit or proceeding go ins t City and shall have the right to participate in the defense of any such suit or proceeding at It exp ns and through counsel of its choosing . Contractor shall notify City of any actions, claims, or suit og in t Contractor based on an alleged Infringement of any party 's intellectual property right in nd to th Materials, Services and/or methodology . In the event an injunction is sought or obtained g n t u of the Materials , Services and/or methodology or in City's opinion is likely to be sought or obi inod, Contractor shall promptly, at its option and expense, either (i) procure for City the right to continu to u the in fringing Materials , Services and/or methodology as set forth in th is Agreement , or (11) r pl. c or 14 modify the infringing Materials, Services and/or methodology to make its use non-infringing while being capable of performing the same function without degradation of performance. 6.4 Indemnification. Contractor shall indemnify, defend, save and hold harmless City, its departments, agencies, boards, commissions and its officers, officials, agents, and employees (hereinafter referred to as "lndemnitee") from and against any and all claims, actions, liabilities, damages , losses, or expenses (including court costs, attorneys' fees, and costs of claim processing, investigation and litigation) (hereinafter referred to as "Claims") for bodily injury or personal injury (including death), or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Contractor or any of its owners, officers , directors, agents, employees or subcontractors. This indemnity includes any claim or amount arising out of or recovered under the Workers' Compensation Law or arising out of the failure of such contractor to conform to any federal, state or local law, statute, ordinance, rule, regulation or court decree . It is the specific intention of the parties that the lndemnitee shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the lndemnitee, be indemnified by Contractor from and against any and all claims . ft is agreed that Contractor will be responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against City , its officers, officials, agents and employees for losses arising from the work performed by the Contractor for City . 6.5 Governmental Immunity. City, its officers, and its employees, are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. 24-10-101 et seq., as from time to time amended, or otherwise available to City, its officers, or its employees . 6.6 Insurance. Contractor shall provide insurance in accordance with the following requirements . (a) Insurance Requirements . Contractor and subcontractors shall procure and maintain until all of their obligations have been discharged, including any warranty periods under this Contract, are satisfied, insurance against claims for injury to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives , employees or subcontractors. The insurance requirements herein are minimum requirements for this Agreement and in no way limit the indemnity covenants contained in this Agreement. City in no way warrants that the minimum limits contained herein are sufficient to protect Contractor from liabilities that might arise out of the performance of the work under this contract by Contractor, its agents , representatives, employees or subcontractors, and Contractor is free to purchase additional insurance . (b) Minimum Commercial General Liability. Policy shall include bod il y inj ury , p rop erty damage , personal inj ury and broad form contractual liab il ity coverage . General Aggregate Products -Completed Operations Aggregate Personal and Advertising Injury Blanket Contractual Liability -Written and Oral Fire Legal Liability Each Occurrence $2 ,000 ,000 $1 ,000,000 $1,000 ,000 $1 ,000,000 $ 50,000 $1,000 ,000 The policy shall be endorsed to include the following additional insured language : "The City of Englewood , Colorado , its departments, agencies, boards and its commissions, and its officers , officials , agents , and employees shall be named as additional insureds with respect to liability arising out of the activ ities performed by or on behalf of Contractor". Each policy shall contain a waiver of subrogation against City , its departments , agencies , boards , and commiss ions and its officers , officials, agents , and employees for losses arising from work performed by or on behalf of Contractor. 15 (c) Minimum Automobile Liability. Bodily Injury and Property Damage for any owned, hired, and/or non-owned vehicles used in the performance of this Agreement. Combined Single Limit (CSL) $1,000,000 The policy shall be endorsed to include the following additional insured language : "The City of Englewood , Colorado, its departments, agencies , boards , and commissions and its officers, officials, agents, and employees shall be named as additional insureds with respect to liability arising out of the activities performed by or on behalf of Contractor, involving automobiles owned, leased, hired or borrowed by Contractor". (d) Minimum Worker's Compensation and Employer's Liability Workers' Compensation Employers' Liability Each Accident Disease -Each Employee Disease -Policy Limit Statutory $ 500,000 $ 500,000 $1,000,000 Each policy shall contain a waiver of subrogation against the City, its departments , agencies, boards, and commissions and its officers, officials, agents , and employees for losses arising from work performed by or on behalf of Contractor. (e) Minimum Professional Liability (Errors and Omissions Liability) Each Claim Annual Aggregate $1,000 ,000 $2,000 ,000 In the event that the professional liability insurance required by this Agreement is written on a claims-made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Agreement; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Agreement is completed . Each policy shall contain a waiver of subrogation against City, its departments, agencies, boards, and commissions and its officers , officials , agents , and employees for losses arising from work performed by or on behalf of Contractor. (f) Additional Insurance Requirements . The policies shall include, or be endorsed to include , the following provisions. The City of Englewood, Colorado, its departments , agencies, boards, and commissions, and its officers , officials, agents, and employees wherev er additional insured status is required such additional insured shall be covered to the full limits of liability purchased by Contractor, even if those limits of liability are in excess of those required by this Agreement. Contractor's ins urance coverage shall be primary insurance with respect to all other available sources . Coverage provided by Contractor shall not be limited to the liabil ity assumed under the indemnification provisions of this Agreement. (g) Notice of Cancellation. Each insurance policy required by the insurance provisions of this Agreement shall provide the required coverage and shall not be suspended , voided , canceled, or reduced in coverage or in limits except after thirty (30) days prior written notice has been given to City . Such notice shall be sent directly to City of Englewood , Office of the Risk Manager , 1000 Englewood Pkwy, Englewood , Colorado 80110-2373 , and shall be sent by certified mail , return rece ipt requested. (h) Acceptability of Insurers. Insurance is to be placed w ith duly licensed or approved non-admitted insu rers in the state of Colorado w ith an "A.M. Best" rating of not less 16 ( than A-VII. City in no way warrants that the above-required minimum insurer rating is sufficient to protect Contractor from potential insurer insolvency. (i) Subcontractors. Contractors ' certificate(s) shall include all Subcontractors as insureds under its policies or Contractor shall furnish to City separate certificates and endorsements for each Subcontractor. All coverages for Subcontractors shall be subject to the minimum requirements identified above . 0) Verification of Coverage -Certificate of Insurance. Contractor shall furnish City with certificate(s) of insurance (ACORD form or equivalent approved by City) as required by this Agreement. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before Work commences. Each insurance policy required by this Agreement must be in effect at or prior to commencement of Work under this Agreement and remain in effect for the duration of the project. Failure to maintain the insurance policies as required by this Agreement, or to provide evidence of renewal, is a material breach of contract. All certificates required by this Agreement shall be sent directly to City of Englewood, Office of the Risk Manager, 1000 Englewood Pkwy, Englewood, Colorado 80110-2373. The projecVcontract number and project description shall be noted on the certificate of insurance . City reserves the right to require complete , certified copies of all insurance policies required by this Agreement at any time. ARTICLE 7. MISCELLANEOUS 7.1 Non-Exclusivity. This Agreement is for the sole convenience of City. City shall obtain like supplies and/or services from other sources and authorize off-contract purchases as it determines necessary. Such determinations shall be made at the discretion of City or its authorized delegate . 7.2 Jurisdiction . This Agreement shall be subject to the Laws of the State of Colorado, and where applicable, the Uniform Commercial Code as adopted by the State of Colorado. Venue for any action arising under this Agreement or for enforcement of this Agreement shall be in the appropriate court for Arapahoe County, Colorado . 7.3 Order of Precedence. In the event of a conflict in language in this Agreement , the following order or precedence shall apply; (1) the terms contained in the body of this Agreement , as amended ; (2) attachments, as amended ; and (3) Schedules and exh ibits , as amended . 7.4 Relationship of Parties. Contractor is an independent contractor. Neither Party to this Agreement shall be deemed to be the employee or agent of the other party to this Agreement. 7.5 Implied Terms . Each provision of law and any terms required by law to be in this Agreement are a part of this Agreement as if fully stated in it. 7.6 Severabllity. The provisions of this Agreement are severable . Any term or condition deemed illegal or invalid shall not affect any other term or condition of this Agreement. 7.7 Parole Evidence. This Agreement is intended by the Parties as a final and complete expression of their agreement. No course of prior dealings between the Parties and no usage of the trade shall supplement or explain any terms used in this document and no other understanding either oral or in writing shall be binding . 7.8 Wa iver. Either Party's failure to insist on strict performance of any term or condition of this Agreement shall not be deemed a waiver of that term or condition even if the Party accepting or acquiescing in the nonconforming performance knows of the nature of the performance and fails to object to it. 17 7.9 Clarifications. City shall clarify this Agreement in writing as necessary, and such written clarification shall govern in case of conflict with the applicable terms and conditions or attachment requirements . in all other matters not affected by the written clarification, if any, this Agreement as amended shall govern. 7.10 Dispute Resolution. Contractor and City shall use the following process in identifying and mitigating performance issues or problems associated with operational issues under this Agreement. (a) Trouble Tickets. City may notify Contractor in response to or in anticipation of any issues or problems (Trouble Ticket) associated with the Materials or Services ordered under this Agreement. (b) Trouble Ticket Acknowledgement. Contractor shall acknowledge receipt of all Trouble Tickets . Contractor shall acknowledge the Trouble Ticket, in writing or electronically, within two (2) days following receipt or a sorter period of time as requested by City in the Trouble Ticket. City may accept verbal Trouble Ticket acknowledgment when time and circumstances require . (c) Trouble Ticket Resolution . Contractor shall provide for the resolution of all issues or problems identified in a Trouble Ticket. Contractor shall provide a resolution plan to City, in writing or electronically, within five (5) days or a shorter period of time as requested by City in the Trouble Ticket. City may accept verbal Trouble Ticket acceptance when time and circumstances require. Trouble Ticket acceptance shall include the reservation of all elements necessary to resolve all issues or problems cited in the Trouble Ticket. 7.11 Billing Dispute Resolution. Contractor and City shall use the following process in identifying and mitigating performance issues or problems associated with billing issues under this Agreement. (a) Billing Adjustments. Revised invoices or billing adjustments shall apply only to Contractor's Services that can be verified by City, and requests for such adjustments must be submitted in writing to City within 60 days of invoice delivery; shall reference the original invoice in which the error was made, and contain sufficient level of detail to make a reasonable determination of fact. Billing adjustments, once determined to be fact, shall be documented in writing on all forms of billing , paper and electronic, in the next billing cycle . (b) Billing Disputes. Failure by City to pay any portion of or the entire invoiced amount based on Contractor billing errors or disputed charges shall not constitute default under this Agreement. City will pay undisputed portions of disputed or incorrect invoices where City can easily ide ntify the undisputed portion . Payment of an amount less than the total amount due on all unpaid invoices shall be credited as directed by City. In no event shall Contractor apply any payment or portion thereof to any particular amount or item that is subject to any claim of error or dispute between the parties . 7 .12 Right of Offset. City shall be entitled to offset against any sums due Contractor, any expenses or costs incurred by City, or damages assessed by City concerning Contractor's non- conforming performance or failure to perform this Agreement. 7 .13 Non -E xclusive Remedie s. The rights and the remedies of City under this Agreement are not exclusive . 7.14 Notices. Wherever one Party is required or permitted to give notice to the other pursuant to this Agreement, such notice shall be deemed given when delivered in hand, when mailed by registered or certified mail , return receipt requested, postage prepaid, when sent by a third party courier service where receipt is verified by the receiving Party 's acknowledgment, or sent by facsimile (provided that any 18 notice sent by facsimile shall be confirmed by written notice dispatched by mail or courier service as provided above within three (3) days following facsimile transmittal), and addressed as follows : In the case of City: City of Englewood, Colorado Englewood Civic Center 1000 Englewood Parkway Englewood, Colorado 80110-2373 Fax : (303) 762-2395 Attn: Director of Information Technology with a copy to : Office of the City Attorney City of Englewood, Colorado 1000 Englewood Parkway Englewood, Colorado 80110-2373 Fax: (303) 783-6892 Attn: City Attorney In the case of Contractor : Affinity Telecom, Inc. Attention: Cindy Degirmenci 4745 Walnut St., Suite 300 Boulder, CO 80301 7 .15 Subcontracts and Subcontractors. Contractor shall not enter into any Subcontract for the performance of this Agreement without the advance written approval of City. If Contractor adds a Subcontractor, Contractor shall clearly list all proposed Subcontractors and the Subcontractors' proposed responsibilities under this Agreement. All Subcontracts, current or subsequently added, shall incorporate by reference the terms and conditions of this Agreement. 7.16 Assignments and Delegations. Contractor shall not assign any right nor delegate any duty under this Agreement without the prior written approval of City . City shall not unreasonably withhold approval. 7 .17 Records . Contractor shall retain and shall contractually require each Subcontractor to retain all data and other "records" relating to the acquisition and performance of this Agreement for a period of five years after the completion of this Agreement. All records shall be subject to inspection and audit by City at reasonable times . Upon request, Contractor shall produce a legible copy of any or all such records. 7 .18 Confidentiality (End-users). Notwithstanding aggregate usage statistics used for reporting purposes, Contractor shall keep confidential all information concerning individual end-users . Contractor shall not, under any conditions, resell, transfer or convey information about end-users to any third party . Contractor shall not retain or reuse information about the end-users in their own operations . 7.19 Confidentiality of Records. Contractor shall establish and maintain procedures and controls acceptable to City for the purpose of assuring that information or data in its possession is not mishandled, misused, released , disclosed , or used in an inappropriate manner by it, its agents , officers , or employees, including information contained in its records obta ined from C ity or others, necessary for con tra ct performance . Persons requesting such information shall be referred to City . Contractor shall take 19 all reasonable steps and precautions to safeguard this information and data and shall not divulge the information or data to parties other than those needed for the performance of duties under this Agreement. Contractor also agrees that any information pertaining to individual persons shall not be divulged other than to employees or officers of Contractor as needed for t e performance of duties under this Agreement, unless otherwise agreed to in writing by City. 7.20 Advertising and Promotion of Agreement. Contractor shall not use, advertise or promote information for commercial benefit concerning this Agreement without the prior written approval of the City Contract Manager. 7 .21 Force Majeure. Except for payment of sums due, neither Party shall be liable to the other nor deemed in default under this Agreement if and to the extent that such Party's performance of this Agreement is prevented by reason of Force Majeure. Force Majeure shall not include the following occurrences: Late delivery of equipment or materials caused by congestion at a manufacturer's plant or elsewhere, or an oversold condition of the market; Late performance by a Subcontractor unless the delay arises out of a force majeure occurrence in accordance with this force majeure term and condition; or Inability of either Contractor or any Subcontractor to acquire or maintain any required insurance, bonds, licenses or permits . If either Party is delayed at any time in the progress of the work by force majeure, the delayed party shall notify the other Party in writing of such delay, as soon as is practicable and no later than the following working day, of the commencement thereof and shall specify the causes of such delay in such notice. Such notice shall be delivered or mailed certified-return receipt and shall make a specific reference to this article, thereby invoking its provisions. The delayed Party shall cause such delay to cease as soon as practicable and shall notify the other Party in writing when it has done so. The time of completion shall be extended by amendment for a period of time equal to the time that results or effects of such delay prevent the delayed Party from performing in accordance with this Agreement. Any delay or failure in performance by either Party hereto shall not constitute default hereunder or give rise to any claim for damages or loss of anticipated profits if, and to the extent that such delay or failure is caused by force majeure. 7 .22 Safety Standards. All supplies and/or services purchased under this Agreement shall at a minimum comply with the current applicable occupational safety and health standards of the State of Colorado, the National Electric Code, and the National Fire Protection Association Standards, as applicable. 7.23 Survival of Terms. Termination or expiration of this Agreement for any reason shall not release either Party from any liabilities or obligations set forth in this Agreement which (1) the parties have expressly agreed shall survive any such termination or expiration, or (2) remain to be performed or by their nature would be intended to be applicable following any such termination or expiration . 20 IN WITNESS WHEREOF, Contractor and City acknowledge that each of the provisions of this Agreement were expressly agreed to and have each caused t his Agreement to be signed and delivered by its duly authorized officer or representative as of the Effective Date. DATED th is -------day of May , 2007 . ATTEST: CITY OF ENGLEWOOD, COLORADO By : _____ ~-------------------~---------~ Gary Sears Title : City Manager ---------------------------~- CityClerk -Louc~ishia A. Ellis 21 SCHEDULE A DESCRIPTION OF SERVICES AND MATERIALS 1. Services and Materials. 1.1. Materials Available under the Agreement. Materials (Telecommunications Equipment) under this Agreement shall include specific demarcation network Interface devices required for delivering the Services specified herein. For example, a cable modem is considered a demarcation network interface device but a phone, key system, or router is not. Services may necessarily include certain Materials in their unit prices, e .g., network interface equipment and patch cords only as required to deliver Services . Services shall constitute the majority of all purchases against the Agreement. 1.2 Excluded Materials. Materials available under the Agreement shall not include (1) Building Wiring System (cabling and connection devices beyond the telecommunications demarcation); (2) mobile radio related products; and (3) all other Materials not specified herein . 1.3 Services Available under the Agreement. Services (Telecommunication Services , Carrier Services) under this Agreement shall include all labor, Materials, transportation and other activities for, and reasonably incidental to the selling, provisioning, supporting, and maintaining the Service throughout the term of this Agreement. It also includes furnishing , installing, interfacing, operating, maintaining, and monitoring the Telecommunication Services as outlined herein . Materials may necessarily include certain Services in their unit prices, e .g., delivery, installation, maintenance and support . Materials shall constitute the minority of all purchases against the Agreement. 1.4 Excluded Services. Services available under the Agreement shall not include (1) 9-1-1 Services; (2) integration Services; and (3) all other Materials not specified herein . 1.5 Materials and Services Categories. Contractor shall be obligated to sell the following Materials and Services under the following Categories . (a) Category One -Regulated Transport Services Materials and Services See Schedule C (b) Category Two -Unregulated Transport Services Materials and Services NIA 22 [ (c) Category Three -Unregulated Value-Added Services Materials and Services 1.6 · Supplementing Materials and Services. Materials and Services available under this Agreement are limited to the categories included herein . Based on technological advances and/or expanded capabilities and infrastructure, Contractor may add supplemental Materials and Services to this Agreement, to those categories originally awarded . The addition of new Materials and Services under this Agreement shall be at City's discretion. 23 SCHEDULE B SERVICE LEVELS AND SERVICE CREDITS 1.1 Service Provisioning SLAs (After acceptance of Valid Order) Service credit when Contractor is Carrier Service Maximum Expected Non-Compliant with Specific SLA Cateaorv Service Descriotor Installation Time 1, 2 Reauirement 1 Regulated -Dedicated 45 days 0 Voice and Data Services 2 Unregulated Transport Services e .g . Packet-and DSL: 9 days 0 Cell-Based Services, cable-Internet T1 : 45 days based, wireless-based, Xdsl 3 Unregulated Value-Added N/A 0 Services All response times are stated as "working Days" (i.e ., 5-day weeks with City Holidays excepted) from date of acceptance of written order to date of operational service. Add 10 days for "loop qualification" where necessary. 2 City and Contractor may negotiate a different Installation Time when the Contractor declares -before it accepts the Order -that it cannot provision the requested Service within the Maximum Expected Installation Time . If, upon the completion of the Negotiated Installation Time , the Contractor has not provisioned the Service , Contractor is subject to the same SLAs and service credits as stated herein . 1.2 Billing and Payment (B/P) SLAs SLA Tvoe Contractor shall B/P 1 Waive all late charge assessments associated with dispute periods B/P 2 Wa ive payment for all disputed charges until final resolution B/P 3 Resolve disputed charges within 60 days of notification B/P 4 Waive all billable items that have not been billed within 90 days after their occurrence i.e ., after the last day of the Billi no Cycle in . which the billable Carrier Services were provided). B/P 5 No time-duration or dollar-amount limitations on City's right to seek and be paid restitut ion for incorrect billings . 1.3 Repair and Escalation (R/E) SLAs (7 by 24 by 365 basis) Contractor shall guarantee that all Services provided shall have the following standard response times for all repairs . Contractor Standard Business Hours (BH) are defined as Monday -Friday Barn -6pm excluding the following Holiday schedule . After Hours (AH) are defined as any time outside Standard Business Hours. Service credit when Contractor Is Maximum Time* Non-Compliant with Specific SLA SLA Type Service Descriptor (Hours) 1 Requirement R/E 1 Contractor phone response time for all BH : 1 Hour 0 Carrier Service inauiries and failures AH : 1 Hour R/E 2 Contractor "line-test and report by phone BH : 1 Hour o Buyer' response time for all Carrier AH : 1 Hour 0 Service failures R/E 3 Contractor MaxTTR for any "C/0 level " Variable** 0 ine-or protocol corrections R/E4 Contractor MaxTTR for any "non-C/0' Variable** 0 ine-or orotocol corrections 24 ( R/E 5 Contractor "on-site" response t ime for all Carrier Service failures associated w ith N/A 0 !Contractor's on-premises equipment or ~rouble-shooting R/E 6 Contractor MaxTTR for all Carrier Service failures associated with 0 K:ontractor's on-prem ises equipment or N/A ~rouble-shootina R/E 7 !Chronic unresolved Carrier Service problem for service-affecting Carrier Variable** 0 Service at a facility/s ite • To adhere to Maximum Time (Hours) above, repairs must be commun icated v ia telephone to C-COM Customer Care •• MaxTTR will be evaluated on an Individual Case Basis (ICB). Repair times will be communicated to custom er w ith in R/E 1 & R/E 2 defined Max imum Times . 1 Time intervals shall be measured from the instant in time that the Contractor arrives on the site of the service problem . 1.4 Up-time (Up) SLAs Contractor shall provide service levels based on the following Performance and Uptime criteria . Service credit when Contractor is Required Performance Level (7 by 24 by Non-Compliant with Specific SLA SLA Tvoe. Service Descrlotor 365 basis) 1 Reauirement Up 1 Local access voice and data servi ces , end-to-end network block ina shall not 99 .99 % Variable ** exceed Up2 DS-0, DS-1, DS3, Dedicated circu it , end- o-end , % Error-Fess Sec/Day threshol d , Variable* Variable** based on daily 30-minute duration estino , shall not exceed Up 3 DS-0 , DS-1 , DS3, Ded icated circu it , end- ~o -end , %-Error Free Sec/Day th reshold , Variable* V a ria bl e** based on daily 30-minute duration ltestino, shall always exceed Up4 DS-0, DS-1, DS3, OC-x Ded icated ~ircu it , backgro u nd bit error ra te sh all not Variable* Varia ble** exceed a 1 x 1 o-8 threshold Up 5 D S-0, D S-1, DS3, OC-x Dedicated circuit, Packet-and cell-based, MPLS, Ethernet, and IP end-to-end up-time, Variable* Variable** based on SNMP monitoring , shall always exceed Up6 Packet-and cell-based circuit, CRC and Mis-alianed Frame Rate , based on Variable* Variable** SNMP monitorino, shall not exceed Up7 Cell-based circuits shall not exceed current ATM FORUM QoS , CBR , UBR, VBR Requirements and tolerances , Variable* Variable** including latency tolerances , based on SNMP manitorino Up 8 !Critical Voice and Data Services, ~ 0nd uo-time , based on equ ipment Variable* Variable** monitorino shall always exceed 25 Up9 Point of Sale (POS) Data Services, m tn-i:,nd uo-time , based on SNMP monitoring; Associated CPE up-time ; Variable* Variable** Full-time proactive monitoring up-time, with automated initiation of all needed epairs , shall always exceed Up10 For all Carrier Service Categories, Variable** Service Outaaes shall not exceed Variable* • C-COM services will be provided through Qwest. C-COM will meet the SLA of the network owned and operated by Qwest. •• Serv ice Credits will be issued on an Individual Case Basis (ICB). Services will be credited at the price of service for the duration (calculated in calendar days) of the outage. 1 Contractor is required to provide 24 by 7 uptime service performance for those City facilities , wh ich are available to Contractor for necessary physical repairs, etc . such that Contractor can maintain the specified uptimes . Contractor shall provide a minimum of 7AM to 7PM (M·F) coverage for City facilities that are not available on a 24 by 7 basis . All critical and super-critical services shall be 24 by 7 by 365. 26 ' SCHEDULEC A listing of all covered City phones. This list was not duplicated because of its length. The list is available in the City Clerks office. - : ' : ' . I I l I ; I I I BY AUTHORITY ORDINANCE NO. SERIES OF 2007 COUNCll.. Bll..L NO. 3S INTRODUCED BY COUNCIL MEMBER ------ ABll..LFOR AN ORDINANCE AMENDING TITLE 16, CHAPTER 6 , SECTION 13, SUBSECTION E(l 7), OF 11IE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO 11IE SOUTH BROADWAY DISTRICT IDENTIFICATION BANNERS. WHEREAS, the South Broadway Englewood Business Improvement District (SBEBID) wishes to install banners to be affixed to the streetlights to create an economically vibrant business district; and WHEREAS , the passage of this proposed ordinance would allow Council approved districts to install banners on the streetlights; and WHEREAS, installation of City authorized banners would be managed through a licensing agreement with the City of Englewood; and WHEREAS, the Englewood Planning and Zoning Commission recommended amending the Englewood Municipal Code 2000 to allow authorized banners to be affixed to streetlights in the public right-of-way ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section l. The City Council of the City of Englewood, Colorado hereby authorizes amending Title 16 , Chapter 6, Section 13 , Subsection E(l 7), of the Englewood Municipal Code 2000 , to read as follows : 16-6-13: Signs. E. Sign s N ot Subject to Perm its . 17. South Broadway District Iden tification Banners. City owned 6ftd maiataiaee banners or banners authorized by City License which are affixed to streetlights in the South Broadway right-of-way for the purpose of aeli a eatiag identifying the various South Broadway Ae tiea PlBR dDistricts . Introduced, read in full , and passed on first reading on the 21st day of May , 2007 . . i Published as a Bill for an Ordinance on the 25th day of May, 2007. Olga Wolosyn, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 21st day of May, 2007 . Loucrishia A. Ellis COUNCIL COMMUNICATION Date: Agenda Item: Subject: May 21, 2007 11 a i South Broadway District Identification Banners Initiated By: Staff Source: Community Development Department Darren Hollingsworth, Economic Development Coordinator COUNCIL GOAL AND PREVIOUS COUNCIL ACTION There has been no previous Council action concerning this matter. PREVIOUS BOARD AND COMMISSION ACTION On April 1 7, 2007, the Planning and Zoning Commission held a public hearing to consider amendments to 16-6-13.E.17 of the Englewood Municipal Code. The proposed amendments would allow approved districts to install banners on streetlights within the South Broadway right-of-way subject to a license agreement through the City of Englewood. The Commission approved a Motion to recommend that City Council amend the Englewood Municipal Code to allow City approved districts to affix banners to streetlights in the right-of-w ay . REQUEST Staff requests City Councii adopt a Bill for an Ordinance approving the proposed amendment to 16- 6-13.E.1 7 of the Englewood Mun ici pal Code, and allow City approv ed districts to install banners on South Broadway streetlights. Staff also requests that Council schedule a Public Hearing on June 4, 200 7 to take publi c comment on the propos ed ame ndment. BACKGROUND Title 16: UDC of the Englewood Municipal Code does not currently allow the South Broadway Englewood Business Improvement District {SBEBID) to install banners along the streetlights . The proposed amendment to the Englewood Municipal Code is intended to clarify existing regulations and create economically vibrant business districts. Should this ordinance be approved by City Council, the SBEBID and o th er Council approved districts may install banners on the streetlights. Installation of City authorized banners would be managed through a licensing agreement with the City of Englewood. Approved districts would install and maintain the banners in accordance with a licensing agreement. Additionally, the banners must meet the requirements of an approved permit from Xcel Energy {Public Service Company of Colorado). In 2006, the South Broadway Englewood Business Improvement District was formed . This district is comprised of properties with Broadway frontage from US 285 to Yale. As part of the SBEBID's operating plan, the merchants are interested in installing and maintaining district identification banners along this portion of the South Broadway commercial corridor. The merchants' plans for the placement of banners along the South Broadway commercial corridor are consistent with the community revitalization goals as expressed in the South Broadway Action Plan. FINANCIAL IMPACT There is no direct financial cost associated with this ordinance. LIST OF AlTACHMENTS Planning and Zoning Commission Public Hearing Minutes Planning and Zoning Commission Public Hearing Findings of Fact Bill for Ordinance CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION April 17, 2007 I. CALL TO ORDER The regular meeting of the City Planning and Zoning Commission was called to order at 7:03 p.m. in the City Council Chambers of the Englewood Civic Center, Chair Roth presiding. Present: Absent: Staff: Brick, Krieger, Knoth, Roth , Mosteller, Fish, Bleile (entered 7:19) Calender (alternate) Diekmeier, Welker Darren Hollingsworth, Economic Development Coordinator Tricia Langon, Senior Planner Nancy Reid, Assistant City Attorney II. APPROVAL OF MINUTES March 20, 2007 Ms . Krieger moved: Mr. Knoth seconded: TO APPROVE THE MARCH 20, 2007 MINUTES AS WRITIEN. AYES : NAYS: Brick, Knoth , Roth , k ieg er. , l osteller, Fish None ABSTAIN : None ABSENT: Diekmeier, Welker, Bleile Motion carried . 111. PUBLIC HEARING Case #2007-06 So uth Br oa d way Di stric t Id entifi ca tion Bann ers Chair Roth stated the is ue before the Commission is Case #2007-06, South Broadway District Identification Banners . Chair Roth asked for a motion to open the public hearing. \ . Krieger mo ed : Ms. Mosteller seconded : THE PUBLIC HEARING O CASE #2007-06 BE OPENED. Brick , Knoth, Roth, Krieger, Fish , Mosteller None None Diekm r, W Iker, Bleile 1< ti n Jrri d . Mr. Hollingsworth, Economic Development Coordinator, was sworn in . Mr. Hollingsworth stated the issue before the Planning and Zoning Commission is an Amendment to the Unified Development Code (UDC) to allow City authorized business identification banners on street lights along the South Broadway corridor. Mr. Hollingsworth stated notice was published in the Englewood Herald on March 30, 2007. This was done in accordance with Section 16-2:3G of the Englewood Municipal Code. The publication was officially entered into the record. Last year the Business Improvement District was formed . The District is a group of 125 business and property owners along the South Broadway corridor from 285 north to Yale. The group has expressed an interest in installing banners on the street lights along the South Broadway corridor to serve as brand recognition of the area . Currently the UDC does not allow this. The Business Improvement District collects a special assessment for things such as marketing and public safety. One of their primary objectives in the coming year is to install District identification banners . If the Amendment is considered this would allow City approved business districts to install banners along the South Broadway corridor. Mr. Hollingsworth asked if there were any questions . Ms. Krieger said the Commission does not have anything to accept so how can we approve something that is so vague . Mr. Hollingsw orth deferred to the Assistant City Attorney, Nancy Reid , to answer that question . Ms . Reid stated that normally when you make a recommendation to Council it is usually discussed beforehand . The Charter requires that the City Attorney draft any legislation . At this time what Staff is asking the Commission to do is to proceed with the idea of whether or not you are going to allow banners and whether or not there will be certain conditions attached . It needs to go forward as a suggestion and then the City Attorney 's office will draft it. She stated the City Attorney's office ha s not had time to do the drafting and has not compared it to other sections of the existin g code for confli c ts. She asked the Commission to not re commend any particular verbiage, onl y whether or not authorized b anners will be all owed and if yo u hav e any condition s, w hat tho se w ould be. Mr. Fish asked if the Amendment wo uld come back to the Commission. Ms. Reid stated it would not. Mr. Brick expressed a concern as to who would be responsible for the maintenance and cleaning of the banners. Ms. Reid stated that is a question for Community Development. Mr. Hollings orth stated that the Business Improvement District, which would be a City authorized District, would install and maintain their banners through the licensing agreem nt. Further discussion ensued regarding the cleaning and maintenance of the banners . 1 . Mo t lier asked who would approve the design of th banners. Ms . Reid stated that ,, o uld be b wh er you de ignate. 2 Mr. Brick asked if Mr. Hollingsworth had any pictures of the proposed banners . He stated he does, but did not bring them to the meeting. The BID is proposing banners that would be on each side of the light pole, approximately 2 feet wide by 6 feet high, with a 1 7 foot clearance. The banners will not advertise any particular business . They do require an Xcel permit. After obtaining City authorization, the BID would have to obtain the appropriate Xcel permit. The permit describes how large the banners can be. Ms. Mosteller asked what the boundaries are of the Business Improvement District. Mr. Hollingsworth stated they are from 285 north to Yale . Ms. Krieger stated the Commission is actually authorizing any approved district to install banners. What this specific District is looking at installing does not really pertain. Mr. Hollingsworth stated that was correct. Tricia Langon, Senior Planner was sworn in. She stated she would try to clarify what is being asked of the Commission tonight. Ms. Langon stated any proposed changes to the Code are not specific to any group or district. The Amendment would include the whole length of Broadway and would be for any City authorized group or district. City authorized means it would be through a License Agreement that would be approved by City Council. That is where the approval comes from, not come from within Community Development or any staff member. The License Agreement is the area in which to address maintenance rather than within the zoning code . Each License Agreement would be specific to the request. All Mr. Hollingsworth is looking for this evening is authorization to proceed w ith the concept of allowing banners as the current Code does not allow banners other than the banners that were approved in the mid -90 's for the South Broadway Action Plan District. Chair Roth asked if there was anyone in the audience who wished to address the Commission . There was no one . M s. Krieger moved : M s. Moste ller seconded : THE PUBLIC HEARING ON CASE #200 7-06 BE CLOSED . AYES : NAYS: ABSTAIN: ABSENT : Ms . Mosteller Br ick, Kn oth, Ro t h, Krieger, Fis h, Most ell er None Bleile Diekmeier, Welker Motion carried . Chair Roth asked if there was any further di scussio n. There was none . Ms. Mostell r moved ; Mr. Fish econded CASE #2007-06, SOUTH BROADWAY DISTRICT /DENT/FICA TION BANNERS, BE RECOMMENDED TO CITY COUNCIL AND THAT THE MUNICIPAL CODE BE MODIFIED 3 TO ALLOW C/7Y AUTHORIZED BANNERS TO BE INSTALLED ON SOUTH BROADWAY LIGHT STANDARDS SUBJECT TO LICENSING. Mr. Brick stated he finds it imperative that the License Agreement contains stipulations fo r maintenance and cleanliness of the banners and that some entity is appointed to judge that. Ms. Krieger stated she felt the banners would be good for the Ci ty as some form of identity for Englewood is needed, prov ided they are maintained and attracti v e. Mr. Fish said he agrees, but also it has to be noted the issue of advertising is not part of this , it is to identify the district, not a particular business . Ms. Krieger asked for a friendly amendment to include "district identification banner" in the motion . AYES : NAYS: ABSTAIN: ABSENT: Motion failed. Fish, Mosteller, Bleile Brick, Krieger, Knoth , Roth None Diekmeier, Welker Ms. Krieger asked for clarification from Ms. Langon . M s. Reid informed M s. Kriege r sinc e the public hearing was closed she could not speak to Ms . Langon, only to her. M s. Mosteller asked if the Commission could reopen the hearing. M s. Reid stated the y could and at that time Ms. Langon could respond. Mr. Bleile moved: Ms . Kr i eger seconded : THE PUBLIC HEARING ON CASE #200 7-06 BE REOPE N ED . AYES: NAYS: ABSTA I N: ABSENT: Bri c k, Knoth , Roth , Kr ieger, Fis h, M o ste ll er, Bleile N o ne None Diekmeier, Welker Motion carried. Ms. Langon stated for clarification this hearing and Amendment is not specific to the Business Improvement Distri ct nor is it for a business district, it is for South Broadway districts. The request is for modifications to 16-6:13 -E17 in the Code. That citation is for South Broadway District Identification banners, not specific to any group, business or bu in ss district. 1 ·. Kri ger moved: 1r . noth s conded: THE PUBLIC HEARING ON CASE #2007-06 BE CLOSED . 4 ( AYES: NAYS: ABSTAIN: ABSENT: Brick, Knoth, Roth, Krieger, Fish, Mosteller, Bleile None None Diekmeier, Welker Motion carried. Ms. Mosteller moved; Mr. Knoth seconded CASE #2007-06, SOUTH BROADWAY DISTRICT /DENT/FICA TION BANNERS, BE RECOMMENDED FOR APPROVAL TO CITY COUNCIL WITH A FAVORABLE RECOMMENDATION FOR ADOPTION AND THAT THE MUNICIPAL CODE BE MODIFIED TO ALLOW CITY AUTHORIZED SOUTH BROADWAY DISTRICT IDENTIFICATION BANNERS TO BE INSTALLED ON SOUTH BROADWAY LICHT STANDARDS SUBJECT TO LICENSING. Ms. Mosteller said she believes this is a good thing and she appreciates the Business Improvement District coming forward with this request. It meets a lot of the intent with what the City is trying to do with the South Broadway Action Plan and is good for the City . She said she is hopeful that it passes. Mr. Bleile stated he agreed with Ms. Mosteller. AYES: NAYS : ABSTAIN : ABSENT: Fish, Mosteller, Bleile, Brick, Krieger, Knoth, Roth None None Diekmeier, Welker Motion carried. IV. STUDY SESSION Mi ni m um Fron t age Req ui re ments in M ulti-U nit Zon e Di stri c t s Ms. Langon stated tonight's discussion is a continuation of a previous discussion on the minimal lot width or frontage requirements in the multi-unit districts . Mr. Brick expressed concern over whether design and develo p ment stan d ards should come first and then based on th ose the decision on whether the 25 foo t would t hen be generated by the design and development standards. He feels it is very important that the quality of properties such a those in northwest Englewood be at a high level because of the area it If. M . L n on aid h lie d that the concept was again that the Commission would move Or\ ard and b mo ing f rward you would consider some type of development or site tand rd . The on n u from la t month's meeting was to mo e forward to consider 5 changing the lot width . She asked the Commissioners if that statement was correct. They agreed that is was. Mr. Fish said since the last meeting discussion he toured many parts of Englewood to v ie w the multi-unit zone districts and is not sure the Commission should make any change s. When he toured the northwestern area he saw a lot of units with nothing but double car garages and concrete slabs in front. In other parts of the City he doesn 't remember seeing that type of construction at all . Ms. Krieger stated just because they are not there now, that doesn 't mean you could not build them . He agreed. What are we trying to do? He got the impression the Commission is trying to prevent development that has already been on - going for a while. The areas that he drove through are predominately not multi-unit; the y . ha v e a very strong single-family characteristic to them . Now he is wondering after seein g the areas that maybe by reversing the rule the Commission is going to encourage higher density dwellings in areas that are predominately single-family . He is concerned . Mr. Bleile stated he did not feel that is the case. He believes what the Commission is tr y in g to look at is, it used to be 25 feet and was changed to 30 feet and that change has no w hindered the 25 foot owners from rede veloping and improv ing their property. In go in g back to 25 feet you will actually allow a larger percentage of potential units to be rede v eloped, more than just the few in the northwest area . Mr. Fi sh asked if Staff c ould prov ide th e Commi ss io n w ith som e kin d of me asu re o f w here dupl exes wi th or w ithou t front garag es c urr en tl y exis t and w here t hey c ould po t enti all y be built in the R-2 zones to determine the impact the change wo uld h av e on th e City. Mr. Br ic k said he also would like to see the numbers . M s. Krieger st ated t hat i s not the issu e, it is j ust the background of why the change to 30 foot lot s was impl emented in the first pl ace . Th e iss ue is whether people can build a duplex, not w hether th ey ca n ha v e a front gara ge. M s. Langon stated the majority of properti es in the R-2 -B and th e R-3 di stri ct s are all pl att ed as 25 foot lots. A p ro perty is usually Lot 1 and 2, for a combin ed total o f 50 feet. Th ere ar e a few properti es th at are thr ee lots w id e (7 5'), a few 60 foo t lo ts, some 3 7 1/i foo t lo ts and a few 25 foo t lo t s. Th e v as t m ajority, easily 90%, are 50 foo t lots . In northwest Englewo o d in th e R-2 -A distr ic t most of the lo t s are 60 foot wid e o r w ide r and th ey do not hav e al leys so t he garages mu st be o ut fro nt. W it h t he c hange to the 50 foot width req u irement essentially every one of the R-2 and R-3 districts functions as R-1. The only properties that could redevelop are the few properties that are larger than 50 feet, which is estimated to be 10 % or less . Ms . Langon will ask Mr. Voboril, Planner, if he can generate a report showing the number of p roper t ies for t he Co m missioners . Ms. Langon reminded the Commissioners they do not have to change t he en tire City ; t hey can change all districts or j ust one district. Mr. Ble i le said loosening the restriction would allow more people the opportunity to redevelop and rei nvest. Di sc ussion ensued regarding design standards . Chair Roth passed around several pictures of units that he had taken. \s. Langon a ked for a consensus from the m mb rs . Mr. Bl ii s id he would like to go \\ ith the n en us to make the lot iz 25 f t con ting nt upon d ign st ndards and ( development standards being developed based on garage locations and differentiating between alley and no alley. The Commissioners all agreed . Mr. Fish suggested the design standards be simple and not too constrictive . Ms. Krieger suggested if the members have not read the current design standards they should to know what is currently on the books. Ms. Langon stated Staff will work on refining the changes more for the next meeting and try to get it to what the Commission is looking for. She also suggested the Commissioners take a ride to various areas of Englewood and Denver to look at properties . V. PUBLIC FORUM Mr. Michael Dickman addressed the Commission regarding the 25 foot wide change. He stated he does not live in Englewood, but is looking to develop properties in the City. He stated it was perplexing to him to see the R-2 zoning and the 50 foot frontage, but have to have 60 feet to build a duplex. He said he now can better understand what is going on and the thought process that goes behind the change. He said based upon what he is hearing about the proposed Bates Station development, if it is going to be mixed-use, this could be a nice phasing coming out from there and providing some new gentrified housing product that the people who want to move into those neighborhoods would accept and be able to hit a price point that would probably be somewhat affordable for those people too. Developers have to try to hit the market at an affordable point where someone will buy it and let it grow over a period of time. The Commissioners thanked Mr. Dickman for his comments. VI. STAFF'S CHOICE Ms. Langon stated the May meetings will be held on May 8 1h and May 22 nd. Discussion will continue on the minimum frontage requirements. Upcoming meetings will include the Englewood Estates PUD Amendment and Craig Hospital 's proposal to rezone their property on Clarkson. Sh e asked if the Commis sioners ha ve any ideas or pictures of multi -unit dw ellings to plea se let her know. VII. AlTORNEY 'S CHOICE Ms . Reid stated she had nothing further. VIII. COMMISSIONER'S CHOICE Mr. Fish reminded everyone of the Kent Place Open House this coming Sunday . M . Mosteller asked whether there was anything from the Citizen Sur ey that would be r I an t to Community Development and that the Commission might want to take on . 7 Ms. Langon stated she has not read the entire document, but there probably are some issues . Ms. Langon reminded everyone of Robert Simpson 's farewell reception on Thursday from 4 :00 to 6 :30 in the Community Room. City Manager Sears is scheduled to speak at 4:30 . The meeting adjourned at 8:55 p.m . CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION IN THE MATTER OF CASE #2007-06, FINDINGS OF FACT, CONCLUSIONS AND RECOMMENDATIONS RELATING TO SOUTH BROADWAY DISTRICT IDENTIFICATION BANNER AMENDMENT INITIATED BY: COMMUNITY DEVELOPMENT DEPARTMENT 1000 ENGLEWOOD PARKWAY ENGLEWOOD, CO 80110 ) ) ) ) ) ) ) ) ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF THE CITY PLANNING AND ZONING COMMISSION Commission Members Present: Krieger, Roth, Knoth, Brick, Bleile, Fish, Mosteller, Commission Members Absent: Diekmeier, Welker This matter was heard before the City Planning and Zoning Commission on April 17, 2007 in the City Council Chambers of the Englewood Civic Center. Testimony was received from staff. The Commission received notice of Public Hearing and the Staff Report, which were incorporated into and made a part of the record of the Public Hearing. After considering the statements of the witnesses , and reviewing the pertinent documents, the members of the City Planning and Zoning Commission made the follo w ing Findings and Conclusions. FINDINGS OF FACT 1. THAT the Pub lic Hearing on South Broa dway Di str ict Identification Banner Amendment was brought before the Planning Commission by the Department of Community Development, a department of the City of Englewood. 2. THAT notice of the Public Hearing was published in the Englewood Herald on March 30, 2007. 3. THAT the Amendment is designed to allow City authorized district identification banners along South Broadway subject to licensing. 4 . THAT t stimon was heard and the banners are not for individual ad ertising, but r for d ignating p rticul r district. 5. THAT the banners would be a benefit to the City as some form of identity is needed . 6. THAT the Amendment meets the intent of the South Broadway Action Plan. CONCLUSIONS 1. THAT the Public Hearing on South Broadway District Identification Banner Amendment was brought before the Planning Commission by the Department of Community Development, a department of the City of Englewood . 2. THAT notice of the Public Hearing was published in the Englewood Herald on March 30, 2007. 3. THAT the Amendment is designed to allow City authorized district identification banners along South Broadway subject to licensing. DECISION THEREFORE, it is the decision of the City Planning and Zoning Commission that Case #200 7-06 South Broadway District Identification Banner Amendment should be referred to the City Council with a favorable recommendation. The decision was reached upon a vote on a motion made at the meeting of the City Planning and Zoning Commission on April 17, 2007, by Ms . Mosteller, seconded by Mr. Knoth, which motion states: ES: NAYS : AB TA IN: ABSENT : TO RECOMMEND CITY COUNCIL APPROVE CASE #200 7-06 SOUTH BROADWAY DISTRICT IDENTIFICATION BANNERS BE RECOMMENDED FOR APPROVAL TO CITY COUNCIL WITH A FAVORABLE RECOMMENDATION FOR ADOPTION AND THAT THE MUNICIPAL CODE BE MODIFIED TO ALLOW CIT Y AUT H O RIZ ED SO UTH BROA D WAY DI ST RI CT ID EN TIFI CATI ON BANNERS TO BE INSTALLED ON SOUTH BROADWAY LI GHT STANDARDS SUBJECT TO LICENSI G. Krieger, Roth, Knoth, Blei le, Fish , Mosteller, Brick None None Diekmeier, Welker M ti o n carri d . These Findings and Conclusions are effecti ve as of the meeting on April 17, 200 7. BY ORDER OF THE CITY PLANNING & ZONING COMMISSION Don Roth, Chair ' ( ORDINANCE NO. SERIES OF 2007 BY AUTHORITY COUNCIL BILL NO. 36 INTRODUCED BY COUNCIL MEMBER ------ ABILLFOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL GRANT AGREEMENT ENTITLED "INTERGOVERNMENTAL AGREEMENT REGARDING 2006 GRANT OF ARAPAHOE COUNTY OPEN SPACE PROGRAM FUNDS PROJECT NAME: SOUTH PLATIE RNER OXBOW HABITAT/WETLANDS", BE'IWEEN 11IE CITY OF ENGLEWOOD, COLORADO AND THE BOARD OF COUNTY COMMISSIONERS OF ARAPAHOE COUNTY, STATE OF COLORADO. WHEREAS , in November 2003 the voters of Arapahoe County approved a county-wide sales and use tax to be used for specified Open Space purposes as set for the in County Resolution No. 030381 ;and WHEREAS , County Resolution No . 030381 authorized the County to award grants to funds from the Open Space Sales and Use Tax ("Grant Funds") to be distributed to municipalities; and WHEREAS , the Englewood City Council authorized an amended IGA w ith the Board of County Commissioners of the County of Arapahoe pertaining to "Open Space" Tax Shareback Funds , provid ing match fund ing for Grant projects with the passage of Ordinance No. 1, Series of 2004/2 005 ; and WHEREAS , the Englewood City Council approved the Adoption of the South Platte Ri ver Open Space Plan which became part of Roadmap Englewood 2003 : Englewood Comprehensive Plan with the passage of Resolution No. 72 , Series of 2003 ; and WHEREAS , the 2003 South Platte Ri ver Plan identified a series of proj ects and purchases th at add capacity and improve the quality of the recreation experience in the community; and WHEREAS, the City of Englewood submitt ed an app lication for the award of grants fund s from the Open Space Sales and Use Tax ("Grant Funds") to be distributed to municipalities; and WHEREAS , the City of Englewood has been awarded an Arapahoe County Open Space Program Grant in the amount not to exceed $250,000 for the South Platte River Oxbow Habitat/Wetlands ( .. Grant Project"); and WHEREAS, the "South Platte River Oxbow Habitat/Wetlands" is approximately 2 .82 acres of land adjacent to the Colorado Water Conservation Board's South Platte River Right-of-Way of which the 2 .21 acres parcel , within the City of Englewood will be owned and maintained by the City of Englewood and the .39 acre parcel, within Littleton will be owned and maintained by the ity of Littleton; and WHERAAS , the property will be leased back to the current owner for not more than five years for a nominal fee ; and ,:, ,, WHEREAS, this Ordinance will authorize the Intergovernmental Grant Agreement between the Board of County Commissioners of Arapahoe, State of Colorado for the Englewood Trailhead Improvements for the purpose of acquiring property for recreation, open space , wetlands and habitat; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section 1. The Intergovernmental Grant Agreement between the City of Englewood, Colorado and the Board of County Commissioners of Arapahoe County, State of Colorado entitled "Intergovernmental Agreement Regarding 2006 Grant Of Arapahoe County Open Space Program Funds Project Name: South Platte River Oxbow Habitat/Wetlands", attached as "Exhibit l ", is hereby accepted and approved by the Englewood City Council. Section 2 . Pursuant to Article V, Section 40, of the Englewood Home Rule Charter, the City Council has determined that Exhibit A of Exhibit l , attached to this Ordinance shall not be published because of its size. A copy of Exhibit A of Exhibit 1, is available in the Office of the Englewood City Clerk. Section 3. The Mayor is authorized to execute and the City Clerk to attest and seal the Intergovernmental Grant Agreement for and on behalf of the City of Englewood, Colorado. Introduced, read in full, and passed on first reading on the 21st day of May, 2007 . Published as a Bill for an Ordinance on the 2 5th day of May, 2007 . Olga Wolosyn, Mayor ATTEST: Lou cri shia A . Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full , and passed on first reading on the 21st day of May, 2007. Loucrishia A. Ellis --~~· ... B ' I ' I I I i ..., r:-:-: l ) fa· I>'· ' 1.,1 ',I t,, ~ . I ~ ' I, ~ ' ! I I ' ' I I INTERGOVERNMENTAL AGREEMENT REGARDING 2006 GRANT OF ARAPAHOE COUNTY OPEN SPACE PROGRAM FUNDS PROJECT NAME: SOUTH PLATTE RIVER OXBOW HABITAT/WETLANDS This Intergovernmental Agreement ("Agreement"), is made and entered into by and between THE BOARD . OF COUNTY COMMISSIONERS OF THE COUNTY OF ARAPAHOE, STATE OF COLORADO, (the "County ") and the CITY OF ENGLEWOOD, a municipality and political subdivision of the State of Colorado (the "Grantee"). WHEREAS, on November 4 , 2003, the voters of Arapahoe County approved a county- wide sales and use tax to be used for specified Open Space purposes as set forth in County Resolution No. 030381; and WHEREAS, Resolution No. 030381 authorizes the County to award grants of funds from the Open Space Sales and Use Tax ("Grant Funds") to be distributed to municipalities , as more fully set forth therein; WHEREAS, on May 23, 2006, the County approved the Grantee's Project Application , which is attached hereto and incorporated by reference herein as Exhibit A, ("Project Application"), subject to the execution of an intergovernmental agreement and subject to the te rms and conditions contained here in ; WHEREAS , the County desires to enter into intergovernmental agreements , as a condition of grant approval , with such municipalities and special districts that have been approved for grants from the County ; and WHEREAS , these intergovernmental agreements are authorized by Article XIV , Section 18 of the Colorado Constitution and CO LO. REv . STAT .§ 29-1-203 (2005). NOW , T HEREFORE , the County and the Grantee agree as foll ows: 1. Amount of Grant. The County agrees to provi de Grantee with Grant Funds in the amount not to exceed $250,000.00 from the Arapahoe County Open Space Program for the South Platte River Oxbow Habitat/Wetlan ds ("Grant Project"). 2. Use of Grant Funds. The Grantee agrees that it shall only use the Grant Funds for the Grant Project, as set forth in Exhibit A. 3. Time For Use of Grant Funds. The Grantee agrees that such Grant Funds will be expended by no later than one year from the date of this Agreement, unless a longer period of time is otherwise agreed to by the County in writing . E X H I B I T 1 4. 5. 6. Interest on Grant Funds. The Grantee further agrees that, after receipt of it s Grant, the Grantee will use any interest earned on the Grant only for the Grant Project as set forth in its approved grant application. Administration of Grant Project. The Grantee shall be responsible for the direct supervision and administration of the Grant Project. The County shall not be liable or responsible for any cost overruns on the Grant Project. Nor shall the County shall have any duty or obligation to provide any additional funding for the Grant Project if the Grant Project cannot be completed with the amount of Grant Funds awarded by the County to the Grantee . Grant Project Site Visits. Upon 24 hours written notice to the Grantee, the Grantee agrees to allow the County to make site visits before , during , and/or at the completion of the Grant Project. 7 . Acknowledgement of County by Grantee . The Grantee agrees to acknowledge the County as a contributor to the Grant Project in all publications , news releases and other publicity issued by the Grantee related to the project and agrees to allow the County to do the same. If any events are planned in regard to the Grant Project, the County shall be acknowledged as a contributor in the invitation to such ev ents. Grantee shall cooperate with the County in preparing public information pieces, providing photos of the Grant Project from time to time , and prov iding access to the Grant Project for publicity purposes . 8 . Required Sign at Project Site . Grantee agrees to erect at least one sign in a publicly visible area in recognition of the grant from the Arapahoe County Open Space Program. The location, form, design, and wording of such sign shall be approved by the County . Such sign shall be erected prior to the completion of the Grant Project or its public opening , whichever ·is the earlier. 9. R eport R equirements. On or b efore December 31 , 2007 , the Grantee agrees to prov ide the Co unty w ith an annual updated rep ort that describe s the amo unt of progress in com pl eting th e Grant Project, Grant P roj ect mil estones, and th e u se of the Grant Funds to date . Upon completion of the Grant Project, the Grantee also agrees to submit to the County a final report, including a letter that certifies what the Grant Funds have been used for and that the Grant Funds have been used in accordance with County Resolution No. 030381. In addition to the final report, Grantee shall also submit to the County a final project summary that discusses the Grant Project and includes photographs of the various stages of the Grant Project development, including a photograph of the Grant Project at the time of co mpletion . The County shall be allowed to use the above photographs in publications, public information updates, and on the County web site. The Grantee further agrees to provide the County with an electronic copy of the final report and project summary along with digital photographs . 2 ·--· ·---·-----· 1 i i ! . I I I I i ' I l ( 10 . Failure to Submit Required Reports . Upon written notice from the County's Open Space Manager, informing the Grantee that it has failed to submit any required annual update report and/or final report, the Grantee shall submit such reports to the County through the County's Open Space Manager within thirty (30) days, and, if it fails to do so , the Grantee shall be deemed to be in violation this Agreement. The Grantee shall be ineligible for any future Grant Funds, until and unless such reports have been submitted to the County 's Open Space Manager. 11 . Record Keeping Requirements . The Grantee shall maintain a complete set of books and records documenting its use of the Grant Funds and its supervision and administration of the Grant Project. The County or any of its duly authorized representatives shall have reasonable access to any books, documents , papers, and records of the Grantee which are pertinent to the Grant Project for the purpose of making an audit, examination, or excerpts. The Grantee shall keep all books , documents, papers, and records, which are pertinent to the Grant Project, for a minimum of three years. 12. Reimbursement of Grant Funds. The Grantee understands and agrees that if the Grant is not used in accordance with its approved Grant Application and/or this Agreement, the County may require the Grantee to reimburse the County in the amount of such Grant Funds that are not used for the Grant Project. 13 . Remedies . The rights and remedies of the County as set forth in this Agreement shall not be exclusive and are in addi tion to any other rights or remedies prov ided by law. 14. No Waiver of Rights . A waiver by either party to this Agreement of the breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either party . 15. C hanges to Grant Project. The Grantee agre es and understands that its Grant Proj ect, once it has be en approved by th e County, may no t b e chan ged without th e County's pri or approval. C ha nges must be re qu ested in writi n g and may not begi n unti l an amendme nt to th is Ag reement has bee n a pp roved by the County . 16 . Transfer of Interest in Grant Project. The Grantee understands and agrees that no land or interests acquired with the Grant Funds as part of the Grant Project may be sold, leased, traded, or otherwise conveyed, nor may an exclusive license or permit on said land or interests be given, without prior approval of the Grantee 's governing body after conducting a public hearing . The Grantee further agrees if such sale , lease, trade or conveyance is made or an exclusive license or interest has been given , the proceeds shall be deposited in an open space fund to be used for purposes consistent with Resolution No . 030381. 17 . Relation hip of the Parties . The Grantee hall perform all duties and obligations under this Agreement as an independent contractor and shall not be deemed by 3 virtue of this Agreement to have entered into any partnership, joint venture, employer/employee, or other relationship with the County. 18. No Third Party Beneficiaries . Nothing in this Agreement shall give or allow any claim or right of action whatsoever by any third party, including, but not limited to, any agents or contractors of the Grantee . 19. Severability. Should any one or more provisions of this Agreement be determined to be illegal or unenforceable, all other provisions nevertheless shall remain effective; provided, however, the parties shall forthwith enter into good faith negotiations and proceed with due diligence to draft a provision that will achieve the original intent of the parties hereunder. 20 . Written Amendment Required. This Agreement may be amended, modified, or changed, in whole or in part, only by written agreement duly authorized and executed by the County and the Grantee. 21. Venue. Venue for the trial of any action arising out of any dispute hereunder shall be in Arapahoe County District Court, pursuant to the appropriate rules of civil procedure. 22 . Notices. Notices , as referred to in this Agreement, shall be sent to : COUNTY: Board of County Commissioners of Arapahoe County 5334 South Prince Street Littleton, Colorado 80166-0001 and Arapahoe County Attorney 5 334 South Prince Street L ittleton , C ol orado 80166 -0001 and Arapahoe County Open Space Manager Arapahoe County Public Works and Development Department 10730 East Briarwood Avenue, Suite 100 Centennial, Colorado 80112-3853 and ITY : Mark Graham , Senior Planner City of Englewood, Community Development Dept. 1000 Englewood Parkway Englewood, Colorado 80110 4 ( and Daniel Brotzman, City Attorney 1000 Englewood Parkway Englewood, Colorado 80110 23. Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Colorado. 24. Extent of Agreement. This Agreement constitutes the entire agreement of the parties hereto. The parties agree that there have been no representations made regarding the subject matter hereof other than those, if any, contained herein, that this Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof, and further agree that the various promises and covenants contained herein are mutually agreed upon and are in consideration of one another. 25. Attorney Fees. If litigation is commenced by either party concerning this Agreement, the prevailing party shall be entitled to recover its reasonable attorney's fees and costs from the other party. 26. Counterparts. This Agreement may be executed in multiple counterparts , each of which will be deemed to be an original and all of wh ich taken together will constitute one and the same agreement. 27. Incorporation of Exhibits . Unless otherwise stated in this Agreement, any exhibits, applications, resolutions, or other documents referenced in this Agreement shall be incorporated by reference into this Agreement for all purposes . 2 8 . 29. Section Headings. The heading s for any section of this Agreement are only for the convenience and reference of the parties and are not intended in any way to define, limit or describe the scope or intent of this Agreement. Signatures . The signatories to this Agreement represent that they are fully authorized to execute this Agreement and bind their respective entities. 5 IN WITNESS WHEREOF, the County and the Grantee have executed this Agreement as of the date set forth below. DATEDthis ___ dayof ________ , ·2007 ATTEST: By: ______ _ City Clerk Loucrishia A. Ellis APPROVED AS TO FORM: By: ________ _ City Attorney ATTEST: By: ---------Nancy A. Doty, Clerk to the Board APP ROV E D AS T O F ORM: By : ________ _ Assistant County Attorney GRANTEE: CITY OF ENGLEWOOD By: __________ _ Name -Olga Wolosyn Title Mayor COUNTY OF ARAPAHOE ST ATE OF COLORADO By: ----------- Rod Bockenfeld, Chair, Board of County Commissioners 6 ( COUNCIL COMMUNICATION Date: Agenda Item: Subject: May 2 1, 2007 11 a ii Arapahoe County Open Space IGA Platte River Oxbow Purchase Initiated By: Staff Source: Community Dev elopment Department Mark Graham, Senior Planner COUNCIL GOAL AND PREVIOUS COUNCIL ACTION • On July 21 , 2003 , Council approved the South Platte River Open Space Plan as an element of Roadmap Englewood : 2003 Englewood Comprehensive Plan . • On January 14, 2005 Council approved the IGA to participate in the Arapahoe County Open Space Shareback program that provides the match funding for the Grant project. RECOMMENDED ACTION Staff recommends that Council approv e a Bill for an Ordinan c e authorizing an Intergovernmental Agreement (IGA) between Englewood and Arapahoe County for the purpose of purchasing prope rty in Engl ewood and Littl eton fo r op en sp ace, recr ea t ion , w ildl ife hab itat, and w ater qu ali ty uses . BACKGROUND AND ANALYSIS In 2006, on Englewood 's behalf, the Tru st for Publi c Lands (TPL ) secured an option to purc hase th e O xb ow Prop erty for open spac e. Engl ewood subm itted a grant appli ca t ion to Arapaho e County in 2006 seeking funds to purc hase the pro perty. The Arapaho e County Open Spa ce and Trails Board (OSTB } se le c ted the O xbow gr ant appli ca tion for funding and the Arapahoe C oun ty Co mm issio ners co nc urred. Englewood re qu es ted th e maxi m um gran t amou nt of $250,000 and pl edged match funding of the m ini mum $62 ,500 . Th ere was also an ag reemen t wi t h the City of Li ttl et on t hat they would cost share in acquisition costs over $312,500. Fair market value based on an independent appraiser hired by TPL was agreed to be the basis for a selling price. Other due diligence measures, such as environmental reports, were at the buyer's expense. The owner of the Oxbow Property, Ron Koch, did not accept the property value determination of the 2006 appraisal. TPL continued negotiations with Mr. Koch but could not overcome his objections to the first appraisal. TPL and Englewood agreed to allow Mr. Koch to select another MAI appraiser to determine the property value. The 2007 appraisal determined the value of the Oxbow Property to be $675,000. The in c reased value was attributed to recent sales of land adjacent to the Oxbow to Lowe 's Home Improvement Store and other recent sales of land including land purc hased for the Sheridan Urban Renewal Project. Mr. Koch has agreed t o accept th e va lue determination in the 2007 appraisal. Other terms of the agreemen t include th e City leasing the property back to Mr. Koch for up to five years for use in his landscaping business . The lease would renew annually for a nominal amount but would not be transferable except upon his death, in which case his foreman could continue to operate the business on the property under the terms of the agreement. Use of the Property The 2003 South Platte River Plan identified a series of goals and objectives including enhancing opportunities to enjoy open space and protect the natural environment by providing lands for recreation, wildlife habitat and water quality. The Oxbow property contains protected wetlands, floodplain, and frontage on the Colorado Water Conservation Board property that contains the South Platte River. The Oxbow property has the potential for being a trailhead for a future trail along the east side of the river because there is safe vehicle access to and from the property at the signalized intersection of West Belleview A venue and South Zuni Street. Because the current occupant of the property would remain on the property for up to five years, there is no immediate plan to develop the property for public use. The agreement with Mr. Koch anticipates that the City may begin to make some use of the property during the term of his lease. Having the property occupied may be preferable to having it vacant and susceptible to dumping or other unwanted activities. During Mr. Koch's leasehold, the City could continue to seek conservation easements on adjacent properties that would provide links to the Big Dry Creek trail north of the Oxbow. Englewood may seek funding for trails and enhancements through the GOCO Legacy Grant or other eligible sources . The purchase of the Oxbow Property will count toward Englewood's match for a Great Outdoors Colorado (GOCO) Legacy Grant if closing is after June 21, 200 7. The Concept Paper for the Legacy Grant was drafted by the Trust for Public Lands (TPL) and submitted on behalf of the South Platte Working Group (SPWG) in March 2007. GOCO is expected to invite some partnerships to submit a full grant application during the summer of 2007 for a full funding decision at the end of the calendar year. SPWG is requesting a $7 million GOCO Legacy Grant to assist with an estimated $20 million of open space and trail enhancements and purchases along the South Platte in Arapahoe County. Arapahoe County has committed $3 million of Open Space funding to SPWG projects which is expected to help close the funding gap for the O xbow property. FINANCIAL IMPACT The cost of purchasing the South Pl atte River Oxbow property is $730,000. This includes the land, due diligence environmental reports, surveys, appraisals, and real estate services provided by the Trust for Public Lands. The subject IGA between Englewood and Arapahoe County provides grant funding of $250,000. The minimum required grant funding match from Englewood is 25% or $62 ,500. The City of Littleton has committed $109,500 for the purchase, and South Suburban Parks and Recreation District is considering a contribution of $36,500 for the purchase . Council has provided direction to allocate $125,000 from the Open Space Fund balance to the Oxbow purchase. There is a funding gap of $146,500. The final $146,500 will be requested from Open Space resources committed by Arapahoe County to South Platte Working Group projects. ATTAC HMENTS Bill for n Ordinan e ORDINANCE NO . SERIES OF 2007 BY AUTHORITY ABil..LFOR COUNCil.. Bll..L NO. 37 INTRODUCED BY COUNCil.. MEMBER~~~~~- AN ORDINANCE REPEALING TITLE 6, CHAPTER 1, SECTION 8, OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO SMOKING. WHEREAS, Title 6-1-8 of the Englewood Municipal Code 2000 was adopted for the health and safety of the City of Englewood and its citizens which have always been an Englewood City Council priority; and WHEREAS, Colorado House Bill 06-1175, "The Colorado Clean Indoor Air Act", has been passed with the intent of preserving and improving the health, comfort and environment of Colorado residents by limiting their exposure to tobacco smoke; and WHEREAS, Title 6-1-8 EMC has become obsolete by the enactment of Colorado House Bill 06-1175 because State Statute supersedes current Code provisions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCil.. OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the repeal of Title 6, Chapter l , Section 8, entitled "Smoking" of the Englewood Municipal Code 2000 , in its entirety. Section 2 . Safety Clauses . The City Council hereby finds , determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rat ional relat ion to the proper legislat iv e object sought to be obtained . Section 3 . Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect , impair or invalidate the remainder of this Ordinance or it application to other persons or circumstances. Section 4 . Inconsistent Ordinances . All other Ordinances or portions thereof in c onsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. -1 - ' I L . · :1 I ' ,, Section 5. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release , extinguish, alter, modify, or change in whole or in part any penalty, forfeiture , or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture , or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Introduced, read in full, and passed on first reading on the 21st day of May, 2007 . Published as a Bill for an Ordinance on the 25th day of May, 2007. Olga Wolosyn, Mayor ATIEST: Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full , and passed on first reading on the 21st day of May, 2007. Loucrishia A. Ellis -2- , COUNCIL COMMUNICATION Date: Agenda Item: Subject: May 21, 2007 11 a iii Deletion of Language Contained in Title 6, Chapter 1, Section 8, Smoking from the City of Englewood Municipal Code Initiated By: Staff Source: Finance and Administrative Services Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The Council has not discussed this issue, but the health and safety of the City and its citizens has always been a Council priority. RECOMMENDED ACTION Staff recommends City Council approve the attached Bill for an Ordinance deleting the language in Title 6, Chapter 1. Section 8, Smoking. as State Statutes have been enacted which supersede current Code prov isions.' BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Gove rnor Owens signed House Bill 06-11 75, the Colorado Clean Indoor Air Act into law on March 27, 2006, and the effective date was Jul y 1, 2006 . The Colorado Clean Indoor Air Act of 2006 was passed with the intent of preserving and improv ing the health, comfort, and environment of Colorado residents by limiting exposure to tobacco smoke. The Colorado Clean Indoor Air A ct of 2006 includ es th e following provisions : Requires Indoor Areas to be Smoke-Free Including but not limited to: •!• Public places and buildings such as elevators, restrooms, theaters, museums, libraries, schools, educational institutions, retirement facilities and nursing homes •!• Lobbies, reception areas, hallways, and any other common-use areas •!• Any place of employment not exempted •!• Restaurants, bars, limited gaming facilities, billiard or pool halls, bowling alleys, grocery stores , and any food service establishment •!• Indoor sports arenas, gymnasiums, and auditoriums •!• Health care facilities, hospitals, health care clinics, doctor's offices, and child daycare facilities •!• No less than 75 % of hotel or motel sleeping quarters rented to guests •!• Jury waiting and deliberation rooms, courtrooms, and public meetings •!• Go ernm nt-owned mass transportation of any kind ) Entryway •:• Entryways of establishments covered by this law must be smoke-free. •:• "Entryway " means the outside of the front or main doorway leading into a building. Entryway also includes the area of a public or private property within a specified radius outside of the doorway. The specified radius shall be determined by the local authority or, if the local authority has not acted, the specified radius shall be 15 feet (the City is currently enforcing the 15 foot regulation) •:• A local authority may specify a radius of less than 1 5 feet for the area included within an entryway Exemptions •:• Private homes, residences, and automobiles unless being used for child care or day care. •:• Limousines under private hire •:• Up to 25% of rented hotel or motel rooms •:• Retail tobacco businesses •:• An establishment that met the definition of a "cigar-tobacco bar," as of December 31 , 2005 •:• The outdoor area of any business, excluding entryways as described abov e •:• The retail floor plan of casinos •:• Fully enclosed and independently ventilated airport smoking concessions at Den v er International Airport •:• Employers with three or fewer employees who do not allow access to the public •:• A private, non-residenti al building on a farm o r ranch that has annual gross income of less than $500,000 Penalties A violation of this law is a Class 2 Petty Offense •:• It is unlawful for a person who owns, manages, operates, or otherwise controls the use of a premises subject to this law to v iolate an y prov isions of this law •:• It is unlawful for a person to smoke in an ar ea where smoking is prohibited by this law •!• First violation w ithin a calendar ye ar -$200 fi n e •:• Seco nd violation wi th in a ca lend ar year -$300 fin e •:• Th ird v io lat ion wi th in a cale nd ar year -$500 fine Each day of a continuing violation shall be deemed a separate violation. Enforcement This law will be enforced by local authorities . FINANC IAL IMP ACT This ac tion will not have a direct financial impact on the City of Englewood. LIST OF ATTACHMENTS Pr op ose d Bill fo r an Ordinan ce ' ( ORDINANCE NO. SERIES OF 2007 BY AUTHORITY COUNCIL BILL NO. 25 INTRODUCED BY COUNCIL MEMBER WOODWARD AN ORDINANCE AUTHORIZING THE SWEDISH MEDICAL CENTER PLANNED DEVELOPMENT AMENDMENT NO. 6 . WHEREAS, the Englewood City Council approved the Swedish Medical Center Planned Development in 1989 with additional amendments approved in 1989, 1990, 1992, 1993 and Ordinance No. 10, Series of 2001 due to construction; and WHEREAS, Swedish Medical Center filed an application for Planned Development Amendment No. 6 , to the Swedish Medical Center Planned Development; and WHEREAS, the proposed Planned Development Amendment No. 6 , proposes an addition above the main entrance of the hospital located at 501 East Hampden A venue; and WHEREAS, the Englewood Planning and Zoning Commission held a Public Hearing on March 6 , 2007, reviewed the Planned Development Amendment No. 6 and recommended approval; and WHEREAS, the Swedish Medical Center Planned Development Amendment No. 6 , the expansion is intended to provide medicaVsurgical beds in private rooms to meet the growing consumer demand for patient-focused facilities and the reconfiguration from semi- private to private rooms; and WHEREAS, the Englewood Water and Sewer Board recommended approval of the City Ditch Encroachment Permit and the Grant of City Ditch Crossing License to Swedish Medical Center at the February 13 , 2001, meeting; NOW, THEREFORE, B E IT ORDAINED BY THE CITY C OUNCIL O F THE C ITY OF ENGLEWOOD, COLORADO, A S FOLLOWS: Section 1. The Englewood City Council bas reviewed Amendment No. 6 to the Swedish Medical Center Planned Development, attached hereto as " Exhibit A", and said Amendment is hereby accepted and approved by the Englewood City Council. Section 2 . Pursuant to Article V , Section 40, of the Englewood Home Rule Charter, the City Council has determined that Exhibit A, attached to this Ordinance, shall not be published because of its size. A copy is available in the Office of the Englewood City Clerk. -1- 11 bi Section 3 . The Mayor is authorized to execute and the City Clerk to attest and seal the "Swedish Medical Center Planned Development Amendment No. 6" for and on behalf of the City of Englewood, Colorado. Introduced, read in full , and passed on first reading on the 2nd day of "April, 2007 . Published as a Bill for an Ordinance on the 6th day of April, 2007 . A Public Hearing was held on May 7, 2007. Read by title and passed on final reading on the 21st day of May, 2007. Published by title as Ordinance No ._, Series of 2007, on the 25th day of May, 2007. Olga Wolosyn, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis , City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No . _, Series of 2007 . Loucrishia A. Ellis -2- (_ (_ ( ' Page 1 of 15 Arapahoe County ~ Colorado's First 2006 ARAPAHOE COUNTY Open Space, Parks, and Trails Grant Application Applicant Name: City of Englewood Project Name : South Platte River Oxbow Habitat / Wetlands Contact Information: Mark Graham, Senior Planner Englewood Community Development Dept. 1000 Englewood Pkwy, Englewood , CO 80110 303. 762 .2353 ph , mgraham@englewoodgov.org ! I i A ( (. l C ( ( ( ( ( ( ( TABLE OF CONTENTS Section Part A. Executive Summary Part B. Contact & General Project Information Part C. Open Space Acquisition Projects Part F. Detailed Project Narrative and Selection Criteria Part G. Budget Part H. Letters of Support Part I. Maps Pag 2 of 15 Page Number Page4 Page3 Pages Pages Page 15 Page 19 Pages 16 ' ( ( ( { ( (_ (_ ~ C ( ( ( ( ( ( ( ( ( Arapahoe County Open Space, Parks and Trails Grant Application Part A-CONTACT INFORMATION Project Type: o Parks XX Open Space D Trails D Other (please describe) Name of Project: South Platte River Oxbow Habitat/Wetlands APPLICANT INFORMATION Name and Address of Applicant and Primary Contact Person Mark Graham, Senior Planner City of Englewood, Community Development Dept 1000 Englewood Parkway, Englewood, CO 8011 O Date : 2/24/2006 Phone: 303.762.2353 Fax: 303.783.6895 Email:mgraham@englewoodgov.org Name and Address of Partners and Primary Contact Person: Jim Woods, City Manager City of Littleton. 2255 W. Berry Ave., Littleton, CO 80165 Phone: 303.795.3720 Fax: 303. 795.3818 Email : Applicant Federal Employer ID Number (FEIN):84-6000-583 Signature of Authorized Agent: I, Harold J. Stitt, Community Development Manager, hereby affirm that I am the authorized agent for the City of Englewood , which is applying for the grant as described herein , and that I am legally authorized on behalf of the City of Englewood to apply as its agent for this Arapahoe County Open Space , Parks , and Trails Grant. S ignature of Authorized Agent GRANT REQUEST Amount Requested (round off figure to nearest $100): Total Project Cost Grant Request Matchi ng Funds Page 3 of 15 $ _312,500 $ _250 ,000 $_62,500 ( ( ( ( ( ( ( ( ( ( ( ( ' ' ' ' ( ( South Platte River Oxbow Habitat/Wetlands Englewood seeks to acquire fee simple ownership of approximately 2.6 acres of land adjacent to the Colorado Water Conservation Board 's South Platte River right-of-way. The acquisition includes two parcels : a 2 .21 acre parcel in the City of Englewood ; and a 0.39 acre parcel in the City of Littleton that provides access to public right-of-way at the South Zuni Street cul de sac, north of West Belleview Avenue . The South Platte River Oxbow was the historic course of the river and retains the characteristic oxbow landform, wetlands, trees , vegetation and ponds . Those features make the Oxbow property unique and desirable for preservation as a public open space. The acquisition is t imely because further commercial development is proposed on this property. While there are currently no permanent structures on the property, the owner is proposing to build an approximately 12 ,000 square foot building for multiple tenants . Though the land is not currently paved, the new development would require paved access, parking and emergency vehicle circulation. The proposed combination of development activities would make the property more expensive to acquire in the future and may disturb the natural areas that make the property desirable as part of the open space corridor. Commercial and industrial development is encroaching on this vestige of the river that provides trees , vegetation and ponds. The proposed dual trail system of the Mary Carter Greenway will provide future public access to the Oxbow. Future recreational and educational amenities may be established on this property, including: a trailhead and an interpretive trail depicting formation of an oxbow, descriptions of riparian habitat and the role of wetlands in water quality. PHOTOGRAPHS Please include two photographs of the existing site . Digital photographs should be copied and included in the application and included in the electron ic copy. PROJECT LOCATION INFORMATION Ci ty/Distri ct: Section/Township/Range: County Commissioner District #: C ities of Englewood and Li ttleton 2077-09-3-00-087, 2077-08-4-00-073 1, Susan Beckman LAND OWNERSHIP Name of Landowner: Ronald Donald Koch Evidence of ownership or easements for trail corridor/conservation easements : J Enclosed XX Will forward if requested D Not yet available (Expla in) P 4 of 15 Part C -OPEN SPACE ACQUISITION PROJECTS PROJECT INFORMATION -PRESERVATIO N/CONSERVATION VALUES (C H ECK AL L THAT APPL Y ) U rban O pen S pace XX Natural A reas XX Water Q u a li ty V ie ws and Vistas XXWild li fe H abitat and Movemen t Corridors Commun ity Buffe rs XX Pass ive O utdoor Rec rea 10n N atura l and C ultural Heritage R egional /C omm uni ty C onnection O ther ________ _ TYPE OF OPEN SPACE ACQUISITIO N XX Fee S imp le 26 R ura l O pe n S pace A gricu lt ra l or R anc h La nds XX La es . R ivers or Strea ms Co rri dors R1dge l1n es Trail C orridors XX Floodpla1ns a nd e lands H isto ric S 1 e A ccess o P bl1c Lands XX Part o a I rge Op n Sp ce or P rk proJec 0 h r Corserva:1on East"'·" Otr r Water R1gh s G ross A c reag e Proximi ty to ex 1stin O pen S p c or P r (m1 i O 9 n lie s o Be lleview Corn rst or.e P r 0 3~ mil es to Ce n te nnial P r .., mil es to E nglewood Go l Course 800 'eet to B 1g D ry Cree ·-~=--...... -" I #., ·: / bo 1v H ab1ta \ \ ·-· .... ~-.... ....... ·. ~ ...... ~. •, . , . ...--· _ .. --:_ • .-.4 -· ,, .• I :., . ~ .... ,. . r·· •, .., ~ - I I v, w loo king north at new Big Dry Creek bridge connecting the creek trail to Mary Carter Greenway 0 ( Part F -DETAILED PROJECT NARRATIVE AND SELECTION CRITERIA The South Platte River Open Space Plan was adopted by the Englewood City Council in 2003 after an extensive public process . Through the process the participants surveyed existing conditions, developed consensus goals, considered alternatives, selected preferred outcomes and identified tools and strategies for achieving those outcomes. A diverse stakeholder group participated, including city, county, state and federal agencies, chambers of commerce, parks and recreation facility and program providers, landowners, and citizens. The Trust for Public Lands (TPL) facilitated the meetings and provided technical assistance in the planning process that was funded by Great Outdoors Colorado (GOCO). 1. Project 30 Points A. Please discuss how this project preserves, improves, or restores urban or rural open space, natural areas, agricultural and ranch lands, vistas, ridgelines, floodplains, or wetlands. The Platte River Oxbow Habit and Wetland purchase would acquire fee simple interest in approximately 2.6 acres of open space. The property adjoins the South Platte River and includes wetlands that were the historic course of the river. The purchase would preserve the natural lowland areas including grasses, ponds and trees. A subsequent project could restore disturbed portions of the site , improve habitat quality and provide for interpretive trails and other passive recreation activities like bird watching . The property is located about 800 feet south of the recently completed Big Dry Creek bridge and trail connection to the Mary Carter Greenway at the confluence of Big Dry Creek and the South Platte River. Englewood 's South Platte Rive r Plan identified several properties in this reach of the river for acquisition . While the continuous regional trail is along the west side of the river at this point, South Suburban Parks and Recreation District (which maintains the Arapahoe County portion of the trail) has plans for developing a dual trail system , which will provide future pedestrian and bicycle access to the Oxbow Habitat and Wetland property. Current development pressure threatens the Oxbow land and surrounding areas . The property owner, Ron Koch , is proposing to construct a 12,000 square foot multi-tenant industrial building on the property. That project would require extensive pavement for access , parking and loading areas . The adjacent property to the south and east has been zoned and platted for a new Lowes Home Improvement store , pad sites and warehousing in Littleton . Waste Managemen t's trash transfer station is located to the west across the river from the Oxbow. The South Platte River Open Space Plan identified additional open space or conservation easement acquisitions on land to the north of the Oxbow. Those properties include the floodplain channel on Big Dry Creek and would provide linkages to the existing trail system . B . Please discuss how this project will serve to protect water quality in rivers, lakes, and streams . Public stewardship of the Oxbow Habitat and Wetlands property as open space will hold back development from encroaching on the river . The wetlands themselves provide protection to water bodies like the South Platte River. Runoff water flowing from upland buildings, parking lots, roads and lawns picks up contaminants . If the water enters the river directly those contaminants degrade water quality. If the water enters a wetland area before flowing into the river it may be less harmful. The alluvial soils deposited by the river are porous and water properties may change physically, chemically and biologically as they move on the surface and through the riparian soils towards the river . The wetlands plants slow the water causing it P g 8 of 15 ) ' .. • .. • • • • • • to release some suspended solids. There is also evidence that water carrying nitrates-nitrogen from fertilizers (that cause algal blooms which depletes oxygen from water) may be substantially reduced when the water passes through riparian areas. This proposal is limited to acquiring the Oxbow Habitat and Wetlands property. Owning this unique property is the first step in preserving the benefits of buffering and wetlands. Assessing the potential for enhancing the buffering, restoring wetlands and improving the habitat are possible in later stages of implementing the South Platte River Plan. The South Platte River flood plain is contained in the channel in the immediate area of the Oxbow property. C. Park Lands. While the proposed acquisition is for open space rather than parks, it fills a need identified in the Parks Master Planning process, specifically in the November 2005 survey of Englewood parks users . In "Adult Participation in Activities," the top six activities in which adults participate are supported by the Mary Carter Greenway and associated trails, including : 1. Walking 2 . Use open space 3. use trail system 4 . picnicking 5. biking on trails 6. jogging/running The Oxbow site fits into a larger system of natural areas connected by the 300 foot wide South Platte River Corridor that flows north from Chatfield Reservoir through Arapahoe County and the cities of Littleton, Sheridan , and Englewood . The corridor contains a continuous recreation path used heavily by walkers, bicyclists, joggers and roller-bladers . Natural areas provide respite from urban living and opportunities for viewing the river, plants, animals, and landforms that can be seen during a walk along the Greenway. The Englewood City Council will consider adopting a new Parks Master Plan in 2006 . The topic of open space has been a recurring theme in the public process and surveys and is one of the new issues that will be addressed in that plan . We anticipate that it will be aligned with the consensus goals , preferred alternatives and implementation strategies of the South Platte River Plan. D. Trails. Although the Oxbow Habitat and Wetlands property adjoins the South Platte River, it is not currently served by a continuous trail. Approximately 800 feet north of the Oxbow, the Big Dry Creek trail was recently connected to the Mary Carter Greenway by a bridge . There are plans by the South Suburban Parks and Recreation District to build a "Dual Trail System " with continuous paths on both sides of the river. The right-of-way currently exists along this reach of the river to complete the trail. South Suburban Parks and Recreation District may designate the new trail for bicycle commuters who desire to travel faster than the recreational cyclists who would continue to use the existing trail. If the new trail is so designated, then it would be desirable to build a separate, parallel trail for people walking to the Oxbow Habitat and Wetland for bird watch ing and nature trail enjoyment. E. Wildlife Habitat and movement corridors . The combination of corridors and pockets of habitat are thought to facilitate wildlife movement. The South Platte River corridor with its associated tributaries , natural areas and parks provide a variety of ecolog ical niches . Wildlife that may forage or live on the Oxbow property has not been inventoried . We anticipate that the number and d iversity of species will increase as the P g 9 of 15 l ' .. • • • • • • level of human activity is reduced. The Oxbow property is currently occupied by a landscaping contractor for vehicle, equipment and landscaping material storage. Operating equipment and vehicles and moving landscaping materials in and out of vehicles is obviously less conducive to habitat than a more quiet setting. Nevertheless, the Oxbow property contains natural areas with ponds, trees and wetlands in a rapidly urbanizing area. There is also the potential for expanding the wetlands and enhancing the land for habitat in the future when the commercial use of the property ceases . F. Historic Sites. An Oxbow is an interesting natural landform that occurs when a river meander is cut off from the tributary. The landform is a distinctive horseshoe shape . It is one of the few signs left of the Platte 's reputation of being a mile wide and an inch deep . The river has been channeled and rip-rapped through much of it's course through Arapahoe County. The Chatfield Dam has reduced flooding and stream flows in the winter are minimal or non existent. Yet the South Platte River was significant in the settlement of Englewood and Denver. The first settlers located near the river, and at confluences with tributaries to the Platte . James Michner wrote of the South Platte in Centennial: "And finally there is the river, a sad, bewildered nothing of a river. It carries no great amount of water, and when it has some, it is uncertain where it wants to take it. No ship can navigate it, nor even canoe it with reasonable assurance. It is the butt of more jokes than any other river on earth, and the greatest joke is to call it a river at all. It's a sand bottom, a wandering afterthought, a useless irrigation , a frustration , and when you've said all that, it suddenly r ises up, aprils out to a mile wide , engulfs your crops and lays waste you farms ." Though we are not aware of any specific historic event that may have occurred at the Oxbow site , the South Platte River is certainly one of the most significant physical features guiding settlement of the eastern front-range of the Rockies in Colorado . We do not currently anticipate any historical funding for future development of historical markers. 2. County and Community Benefits 20 Points Englewood proposes to negotiate the purchase of the Oxbow property for enjoyment as natural ope n space , hab itat and wetlands . The pu rc hase addresses a publ ic need identified in the 2005 Survey of Eng lewood Pa rks users (Le ft Bra in Concepts , EDAW , p.7). Users we re asked to Agree , (be) Neutral, or Disagree with a series of statements . The highest level of disa greement (30%) was on the statement: H . I am satisfied with the amount of protected open lands in and around the City. There is a balance that needs to be achieved in the future use of the Oxbow Habitat and Wetlands site, between providing the habitat and allowing people to observe the natural setting. The physical layout of interpretive trails will be important in minimizing conflicts between these proposed uses . The timing of the purchase is critical because of imminent development plans for the property . Once the build ing , access and parking areas are constructed the property will be much more expensive to acquire . Further, some of the natural amenities may be disturbed during construction . P 10 of 15 ~ • • • • • • • 3. Planning and Design 15 Points This proposal is to purchase the Oxbow property. Subsequent proposals will address development, design and long term management. One aspect of the purchase may be a lease- back arrangement with the current owner. This may be necessary for two reasons : • The current owner will need to re-locate his businesses . Though TPL and Englewood have provided assistance to Mr. Koch with identifying a suitable property, an appropriate property has not yet been identified . • The appraisal on the property and subsequent negotiations on price and terms have not been completed . The Trust for Public Lands has been discussing the price and terms of the purchase for several months with the property owner and we are confident that we can agree on value with some flexibility to credit the lease back arrangement towards the purchase price. That arrangement would entail some delay in development and public use of the property. This arrangement provides the immediate benefit of preventing further development and the associated increased costs of future acquisition . o Relevant Plans. 1. The South Platte River Open Space Plan , August 2003, funded by Arapahoe County CDBG , GOCO, facilitated by Trust for Public Lands, and prepared by Wenk Associates . 2 . Roadmap Englewood: 2003 Englewood Comprehensive Plan , Section 7, Parks and Open Space ; Section 9 , Environmental Quality, (2 parts in pdf format) Both documents are available at: http://www.englewoodgov.org/home/index.asp?page=27&dc id=133 Section 7, Parks and Open Space Funding considerations also dictate that the City of Englewood should take a more innovative and cooperative approach to parks and open space acquisition. The City recognizes the necessity to seek alternative funding methods and sources in order to make the acquisition of land for new parks and open space more feasible . The City is also committed to the use of creative tools to forge cooperative agreements with public and private parties that effectively reserve new lands for open space. Perhaps the City of Englewood's most ambitious and important parks and open space goal is to preserve the South Platte River corridor as an urban greenway. The corridor has historically suffered from environmentally degrading uses adjacent to the river. Many of these properties are not utilized to their highest and best use , and have left a legacy of brownfield contamination . It is in Englewood 's interest to restore the river as an open space and wildlife habitat corridor . Restoration will enable the South Platte Ri ver corridor to serve as a significant amenity in Englewood's park and open space system, and as a catalyst for the general redevelopment and cleanup of the adjacent area. Parks and Open Space Goals and Objectives Goal2 Provide recreational opportunities that are consistent with Englewood 's role in regional park and open space preservation. Obj. 2-1 Work cooperatively with other jurisdictions to implement adopted , regional parks and open space goals . Goal3 Develop a full range of programs for the preservation of open space and park development. Obj . 3-2 Utilize funding mechanisms for park and open space acquisition such as general revenue funds, voter-approved bond issues, federal and state funds, special Improvements districts and fee simple and private donations . P g 11 of 15 ' ' ,, ., ., • • • • • • • Obj. 3-3 Obj. 3-4 Obj. 3-5 Obj . 3-6 Obj. 3-7 Obj. 3-8 Goa/4 Utilize creative tools to acquire park and open space such as conservati on easements , restrictive covenants , transfer of development rights , leasing of lands , and required land dedication or fees in lieu of dedication . Identify and acquire park and open space in advance of need to obtain land at the most appropriate locations and at a reasonable cost. Develop cooperative agreements to fund development of park and recreat ion uses . Develop cost saving and revenue enhancement mechanisms including contracting out for services and utilization of user fees . Utilize volunteer programs to assist in the development and maintenance of park facilities , greenways and open space areas . Expand open space resources through the retention of blighted land in critical recreat ional system locations . Preserve, utilize, and improve the South Platte River corridor. Obj. 4-4 Develo p effec ti ve partn erships wit h region al lan d steward sh ip orga ni za tio ns foc used on preservation of the So uth Pl att e Ri ve r co rrid or. Obj . 4-5 Develop linkages to the So uth Platte River corri dor to further integrate the river corridor into the mult i-modal, integrated transporta tion system within the city. Section 9, Environmental Quality Goal 2 Partner w ith various Englewood groups , ne ighboring commun it ies , and regional and national organ izations in order to make env ironmental programs and act ivi t ies more effective on a larger scale . Obj . 2-2 Partner with neighboring communities to continue existing joint programs and explore new area s for cooperation, as well as expansion to include other communities . o Pri ority of th is Pu rc hase (in plans or agency documents). The South Platte River Oxbow Habitat and Wetlands acquisition is the first property to be acquired to implement the South Platte River Open Space Plan . The plan identified parcels comprising three parks for acquisition . The parcels were not individually prioritized , but rather there is a working principle that they should be acquired in an opportunistic approach. As identified properties become available for purchase , we should be prepared to negotiate and purchase them . Other strategies for purchasing properties include working with owners to identify properties that would provide the same or more utility for their purpose and arranging land swaps to bring the identified properties into City open space stewardship . o How this purchase fi t s into th e ad o pt ed o pen s pace plan . Three broad goals gu ide the South Platte Open Space Plan : 1. Increase the recreational value of the corridor 2. Preserve natura l areas and protect water quality • P g 12 of 15 • \ .. .. .. .. .. • • • • • 3. Encourage land uses that are compatible with recreational goals and that contribute to the economic well being of Englewood and Sheridan The purchase is also consistent with several South Platte River Open Space Plan goals and objectives: 1. Provide improved access and encourage a variety of recreational activities along the South Platte. a. Create new access points from surrounding streets , with parking and signage . b. Make access to water easier and safer; make the river more visible from surrounding areas. 2 . Preserve and enhance the environmental quality and the flood protection function of the South Platte River. a . Improve habitat for terrestrial and aquatic wildlife . b. Improve water quality. c. Enhance environmental education opportunities. d. Provide restoration of disturbed sites and vegetation management strategies. e . Identify specific segments for river corridor improvements. o Planning, design, and management strategies that minimize impacts to the environment. Acquiring the Oxbow property for public stewardship as open space will reduce impacts from the current uses; i.e ., vehicle , equipment and landscape material storage. Enhancing the natural areas including habitat and wetlands will reverse some historical adverse impacts to the ecosystem . While there are general plans for the open space acquisitions along the South Platte , there are not site-specific designs for development at this stage . The first phase of the open space acquisition is to assemble land that is contiguous to the river , trails , or other publicly owned open space . Later projects will develop access points , parking , way-fi nd ing, interpretive and educational components of the corridor. o Timeline & Major Milestones . Seek option for purchas ing property Seek partners and support letters Grant Awarded Secure add it ional funding comm itments Close o n property 9/2005 to 3/2006 2/2006 6/2006 8/2006 to 10/2006 10/2006 4 . Pa rtn ers hips 25 Po in ts • The City of Englewood is committed to providing the 25% match funding , though we have requested that the City of Littleton provide half of the match funding . They are considering the request. • The C ity of Littleton commited by Email to participating financially in the South Platte River Oxbow Habitat and Wetland purchase. They have not yet provided a letter to include in the grant application specifying the amount that they will contribute . • The Tru st for Pub lic La nd has established a relationship with the. landowner and is working to identify a location for the business relocation . They have drafted an option for consideration by the landowner, Ron Koch . • P g 13 of 15 ,, • • • • Keep Englewood Beautiful is a volunteer commission dedicated to environmental activities. They have provided a letter of support. They participate in the clean up the river days where citizens in the whole Denver metro area work to pick up trash in their reach of the river. • The South Suburban Parks and Recreation District that maintains the Mary Carter Greenway in Arapahoe County has provided a letter of support for this project. • The Audubon Society of Greater Denver, representing 3,000 members, provided their support for this project. • The Greenway Foundation, that has been preserving habitat and wetlands along the south Platte River since 197 4 has provided a letter of support for the Oxbow purchase. • The Sierra Club, South Platte Group, has recognized the potential of the Oxbow property as habitat and wetlands and provided a letter of support. 5. Long-term Maintenance 15 Points The City of Englewood is negotiating leaseback terms as part of the payment for the property. The current owner would occupy the property for a period not to exceed five years and be responsible for the maintenance of the property during that period. At the end of the leaseback term, the City of Englewood would take over maintenance responsibility. The City of Englewood maintains hundreds of acres of parks and open spaces within Englewood. The proposed use of the property is as a passive recreation area that would not require the irrigation or routine mowing that recreation fields require. Trails and interpretive signs would be established that require minimal maintenance. 6. Connectivity 15 Points While not a trails project, the South Platte Oxbow Habitat/Wetlands is an open space amenity that is close to the existing trail system . Once the property is available as a public open space, access could be obtained via South Zuni Street from Belleview. Trail connections could be extended south about 800 feet, from the Big Dry Creek Bridge along the Colorado Water Conservation Board right-of-way to provide access to this amenity. Alternatively, the proposed dual trail system would provide a trail connection to the site. Depending on the designated use of that trail, it may or may not provide an appropriate linkage . That is, if the trail is designated for high speed bicycle commuting, then a separate trail connection would be desirable . The City of Englewood is interested in obtaining additional fee simple interest in the properties north of the Oxbow or conservation easements along those properties to make the connection with the Big Dry Creek Trail. The South Platte River Open Space Plan identified a series of contiguous parcels , yet assembling land for open space occurs one parcel at a time . • P g 14 of 15 . . . . ~ ~ ~ ~ ~ ~ Part G -BLANK BUDGET FORM Sources of Funds Date Grant Request City of EnQlewood-shareback 2/24/06 City of Littleton (Partner) 2/24/06 Arapahoe County 2/24/06 250,000 Englewood-lease back to Koch Totals 250,000 Uses of Funds Date Grant Request Purchase property 250,000 Totals 9/1/06 250,000 TOTAL PROJECT COSTS: Signature:--------------------- Cash Match 62,500 62,500 Cash Match 62,500 62,500 $312,500* ** Date: In-Kind Match Per aooraisal In-Kind Match Totals 62,500 250,000 312,500 Totals 312,500 312,500 --------------- • *Fair market value as determined by an independent appraiser to be hired by the Trust for Public land will be the basis for value . • ** The value of the land in a leaseback arrangement to Ronald Koch for a specified period would be credited to a balloon payment. • *** The Cities of Englewood and Littleton will cost share in acquisition costs over $312,500 and seek other matching funds as ~······ necessary. J l ·\Ctroup\Opcn Space Projects\06 Arapco Grant App\Oxhow Acquisit to n Oran! App 2006 .doc Page 15 of 15 ( ( ( ( -·------+-+---...._ I I I ,, . I CG>LUMBINE -+--..-_,~ ~blEY I I I J I f--- I I I I -, __ , Li lTTLETdN ( -! r-.--,- ' I .. I L __ I ,--·- i GHE8RY til~LS I __ I__ I - I I -;-. l I • -·! • I I I 1 I ----r- '--... I. - 1- ·'-- \ City of Englewood, Colorado 2006 Arapahoe County Open Space, Parks, and Trails Grant Application South Platte River Oxbow Habitat/Wetlands Purchase and Restoration Project Vicinity Map LEGEND c::I Arapahoe County Boundary -Major Highways Arterial and Collector Streets Febru ary 2 006 0 1.5 3 4.5 Miles . ~ . •-, I -r t - ., - •, . ,. ,.,: ..... ~,··'°>"~ .• _...._ ...... ~..::. -...c.., ~ .,_,,,., . ' ,_.... " • /j ~ ... . .... ,, .. ..., . ~ .... -r1..... ,,.-; : .:..:• r ~ 1 : ,.,,;...... If 'J !.o.....-. .. --t...:_ . ' l " . .. ~ : ..... > ....... -' A-~-~ .. -·, • • #:· -. ' ...... ...,:, ... I ' ./ / .... Cl) ·~ ~ Cl) I f r' .\, '. ' u ,, .... \ I / ' . ' I ' f-1 . I . / , I l . WCHENANGOAVE r i I • I I I . r· I II I I ,· I / I 1 -:/ '" I . I :,. I J ' l I' . -----_L_ -;. .! • / l ,I ' r.. • r I I. ( I Arapahoe County Admin. Bldg . City of Englewood, Colorado 2006 Arapahoe County Open Space, Parks, and Trails Grant Application South Platte Ri ver Oxbow Habitat\ Wetlands Pur c ha se and Re storation Project Street and Driving Ro ute Map () LEGEND c:::J Oxbow Parcels -Driving Route I \' )tl l,11\ .2 l Oh .J()() 80() I Pl 1,2 ()() • Water Qual ity Detention Pond fo r Lowes Deve lopment w ith Ori fice Contro l and Ou~a ll to Wetla nds ~ • , ' , , I Littleton~ F. Ji/ ire _ rammg Former Course of River Ci ty of Englewood, Colorado 2006 Arapahoe County Open Space, Parks, and Trails Grant Application South Platte River Oxbow Habitat/Wetlands Purchase and Restoration Project Site Plan and Topography Map LEGEND Oxbow Parcels • Former River Course Water Quality Detention Pond r=uture S . Platte R iver Tra il 1::1 City Boundary Fe bru ar y .2 0 0 6 0 150 3 00 4 50 f eet -K..,.. tnglewood Beautiful ( l ' February 24, 2006 Lynn Wodell Arapahoe County Open Space Manager 10730 East Briarwood Avenue, Suite 100 Centennial, CO 80112 Dear Ms. Wodell: The Keep Englewood Beautiful Commission (KEB) is writing in support of the City of Englewood, Community Development Department's pursuit of Arapahoe County Open Space, Parks, and Trails grant application. The Commission is in full support of the proposed South Platte River Oxbow Habitat and Wetlands project. The Commission believes if funded, this project will be a tremendous asset to the City of Englewood and surrounding communities. Keep Englewood Beautiful is a Council appointed comm1ss1on comprised of thirteen citizen volunteers. KEB is charged with the development and operation of programs and services that increase citizen commitment and responsibility in issues that relate to waste reduction, environmental protection, and community beautification. The Oxbow Open Space Habitat Improvement project certainly supports our mission. The proposed South Platte River Oxbow Habitat and Wetlands project will help recover, preserve and protect this long neglected critical South Platte River habitat. The acquisition and ultimate restoration of this wetland habitat along with linkages to the proposed adjacent trail system will provide opportunities for peopl e to experience a rare and unique riparian environment. The Commission along with the City of Englewood Community Development Department believes this project will contribute environmen tally as well as recreationally to the entire South Platte River corridor. ' The Keep Englewood Beautiful Commission is in full support of this project. We hope that you will see the numerous benefits that will result from the completion of this important project. Sincerely, ' I 'I '·i Linda Olson, Chair Keep Englewood Beautiful Commission City of Englewood 1000 Engl.wocxl PaM(Woy Englewood , CO 80110 voice 303 762 .2342 (., l . (_ ( South Suburban PARKS ANO RHRE ATl O'l -e· ruary '.23. _00 6 . h . L:,nn N ndd ! ,:.\ rn pa 1 ' 'our.ty ( . .:n pa .::.: !vl ::tl~u !;('r 10 73 0 E. Bri , n 0 d A v e ... -, tno 'cnte n,'1 i· 1. Dear , 13. Yo de l!: .: ~L th ,uh rban Park s n Recr · tiv n ·u a. p 'ic at io n w a c~ui r ' _·0uth Pl uac: R ,ve r c•. a pr xin 1ati.: 2 : crt.::s f lcH!(i ::h..j ·t"ent tP c .:outr. Pla e Ki"e r i:rn l(!d ia ..:i::r nor.' u f \Vest Belle view w nu-:. T ne pres c rv nf 1.rn o . bufk !, n,l Ion=-the ..;;r)u th Pl2.u-R i ~r · s Ont' o f the t pri or i· ·e~ ~ r S o ut~1 :· ubt rb,m .m d ot.h ·r i ~1ri ~t!i -til~r.~ i n th . -are:1 u · .-\r::t p nhn.:-c o t ,y / ,, • I • ,I' 1,,,.,-/ ,.-,l ,-l , .~.,,_.,AJ ...__. ../ H. V r:~. \'lv'u .J oc: >1 1..rnager of )Jan n ing ;.m Cous tru c t:01, - :·-, . -1 • ·,, ,. .. .. .. . .~ .· ~ .• ' oh o e 03 1!!51 I ( ( ( ( ( Fc-b 22 1}3 11 :2Cp Fe bruary 22. 2006 Lynn Wodd l Anip11hc.;' C, H:11 :r Oi.w~1 Sraox Mnn gee 10710 f.11:.t BrinrN\'lO d A•.'\'. '-,1111.: l <"cnh:n nta . ( < J SO I ' IJear I y no : ,. , < >n behalf of th e .'\11<J11ho n S ...::ct~ o f lin:alt:r r":w,-·r · ... •,O:t<l :n~mt> .r.,;. 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'J' Ii !; i:. ,! ... ,ltt.l ·le .1!01\i ,~,·rt !l\\ '1i i,.: ''i'~I'. l'.t,·.: r,r,'.J<"•.: .111 ,: 1,.: l. ~.: t h~ \r .11'.::1,1.: ( »11 .1t :, 1.1p .. 11 Sp:1..:.: l'rn1~.r-1n11i , hdp I nd .l "f ·' ,1t h H1 ,,f It" p ·:i.:-.:1. l 1 .1 ..:r .. ll .,~,· i" 11 ,· l.t \p.1-..:1:, (11J 1.t.~ \ \.'! \ lt .. 1. \ \ ~ ,t . \!'ti 13 •rJ :d (.,r:~-:r-:t '.i,ir: (~.\;: ~.fi;hl~: \f:1~:t;-r S¢;r~t10 I I ' ·~·· ---·--·----. r • - 002/00 D ORDINANCE NO. SERIES OF 2007 BY AUTHORITY COUNCIL BILL NO. 30 INTRODUCED BY COUNCIL MEMBER TOMASSO AN ORDINANCE DECLARING THE 960 ACRE FARMLAND PARCEL IN ARAPAHOE COUNTY AS CITY OF ENGLEWOOD SURPLUS AND AUTHORIZING THE SALE OF TIIlS PROPERTY. WHEREAS, the original intent of the purchase of this 960 acres of farmland located 10 miles south of Bennett, Colorado was to develop a sludge drying site where stabilized wastewater solids would be dried and stockpiled for ultimate agricultural use; and WHEREAS, a Location and Extent Application was filed and ultimately vetoed by Arapahoe County, due to many unresolved issues such as truck traffic impact, potential run-off issues, proximity of neighbors, soil conditions, etc .; and WHEREAS, a long-term biosolids application research plot was established on this site, with studies conducted on a 5 acre area by Colorado State University and no biosolids were applied to this property, except for this research study; and WHEREAS , a biosolids application permit was later obtained for this land parcel ; however, only 530 acres were acceptable for biosolids application, resulting in the remaining portion of this parcel as not usable for biosolides application due to soil pH issues; and WHEREAS , recent notification included this site in the 3-mile wide planning corridor for the proposed Prairie Falcon Parkway Express and the residential development in the vicinity precludes this acrea ge as a desirable biosolids application site ; and WHEREAS, the revenue from the sale of the property will be split 50/50 by the cities of Englewood and Littleton and will be used to purchase farmland adjacent to our existing biosolids application site, which is more suitable to our use ; and WHEREAS the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee, at their November 2006 meeting, recommended City Council declare the 960 acre farmland parcel , located in Arapahoe County, as surplus and initiate actions necessary for the sale of this land ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section 1. The City Council of the City of Englewood, Colorado hereby declares the 960 acres farmland parcel located 10 miles south of Bennett, Colorado, Arapahoe County, a s shown on Attachment I attached hereto, as surplus . Section 2. Pursuant to its authority, the City Council of the City of Englewood, o lorado hereby authorizes the sale of thi 960 acre surplus property, as shown on Attac hment I, at fair market value. -1- 11 b Ii Section 3. The Mayor is authorized to execute and the City Clerk to attest any documents necessary for the sale for and on behalf of the City of Englewood, Colorado. Introduced, read in full, and passed on first reading on the 7th day of May, 2007. Published as a Bill for an Ordinance on the 11th day of May, 2007. Read by title and passed on final reading on the 21st day of May, 2007 . Published by title as Ordinance No._, Series of 2007, on the 25th day of May, 2007. Olga Wolosyn, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No . _, Series of 2007. Loucrishia A. Ellis -2- - J .~. ~ ,__i_~_1r_·--, F ., ,. l A ttachn1ent I Co1ooor From Ell:ie-11 coumy 1<> f'Uilblc, Counly :,.: El Paso ~ounty Eibart County ~ " 0 '" Lincoln County ) ORDINANCE NO. -- SERIES OF 2007 BY AUTHORITY COUNCIL BILL NO . 31 INTRODUCED BY COUNCIL MEMBER WOODWARD AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF AN AMOUNT NOT TO EXCEED $11,200,000 VARIABLE RATE DEMAND MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (MARKS WEST APARTMENTS) SERIES 2007 OF THE CITY OF ENGLEWOOD, COLORADO FOR THE PURPOSE OF FINANCING A PORTION OF THE COST OF REFUNDING THE CITY OF ENGLEWOOD, COLORADO MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (MARKS APARTMENTS PROJECT) SERIES 1996; APPROVING AND AUTHORIZING EXECUTION OF A TRUST INDENTURE, A FINANCING AGREEMENT, PURCHASE AGREEMENT, INTERCREDITOR AGREEMENT, AND AN AMENDED AND RESTATED LAND USE RESTRICTION AGREEMENT WITH RESPECT TO THE BONDS AND THE MULTIFAMILY HOUSING PROJECT BEING REFINANCED WITH THE PROCEEDS OF THE BONDS; MAKING FINDINGS AND DETERMINATIONS WITH RESPECT TO THE PROJECT AND THE BONDS ; AUTHORIZING THE EXECUTION AND DELIVERY OF RELATED DOCUMENTS; AND REPEALING ALL ACTION HERETOFORE TAKEN IN CONFLICT HEREWITH. 11 b iii WHEREAS , the City of Englewood, Colorado (the "City") is a duly organized and existing home rule municipality of the State of Colorado (the "State"), created and operating pursuant to Article XX of the C olorado Constitution and the home rule charter of the City (the "Charter"); and WHEREAS , the County and Municipality Development Revenue Bond Act , constituting Article 3 of Title 29 , Colorado Revised Statutes , as amended (the "Act"), authorizes cities and counties in the State to finance or refinance one or more projects, including any land , buildings or other improvements , and all real and personal properties , whether or not in existence, which hall be uitable for re idential facilities for low-and middle-income families or persons and int ended ti r u e a the ole pl ce of re iden ce by the owners or intended occupants to the end that more adequate residential housing facilities for low-and middle-income families or persons may be provided, which promote the public health , welfare, safety, convenience and prosperity; and WHEREAS, the City is further authorized by the Act to issue its revenue bonds for the purposes of defraying the costs of financing or refinancing any such project, including all incidental expenses incurred in issuing such bonds, and to secure the payment of such bonds as provided in the Act; and WHEREAS, the City has previously made a loan of the proceeds of its Multifamily Housing Revenue Refunding Bonds (Marks Apartments Project) Series 1996 (the "Prior Bonds") in the aggregate principal amount of $11 ,200 ,000 pursuant to the terms of an Indenture of Trust dated as of October 1, 1996 between the Issuer and The Bank of New York Trust Company, N.A., successor to American National Bank and Trust Company of Chicago , as trustee, to provide for the refunding of the City's Variable Rate Demand Multifamily Housing Revenue Bonds (The Marks Apartments) 1985 Series A (the "Original Bonds"); and WHEREAS , the Original Bonds were issued and deli vered to provide financing for a multi-family rental d evelopment known as the Marks West Apartments (the "Project") located within the boundaries of the City, for occupancy partially (at least 20%) by individuals oflow or moderate income within the meaning of and for the period required by Section 103(b) of the Internal Revenue Code of 1954, as amended, all for th e public purpose of providing more adequate residential housing facilities for low-and middle-income families and persons ; and WHEREAS the pre ent owner of the Project is EQR-Marks West, L.L.C ., a Delaware limited liability company (the "Owner''); and 2 WHEREAS , representatives of the Owner have requested that the City issue its variable rate demand multifamily housing revenue refunding bonds pursuant to terms of the Act to refund the Prior Bonds (the "Refunding Project"); and WHEREAS , the City has considered the request of the Owner and has concluded that the Refunding Project will assure the continuing provision of low-and middle-income residential rental facilities , promoting the public health, welfare, safety, convenience and prosperity, and that the City should issue its variable rate demand multifamily housing revenue refunding bonds under the Act to finance a portion of the cost of the Refunding Project , subject to the conditions , set forth herein ; and WHEREAS, the City will issue, sell and deliver its City of Englewood , Colorado Variable Rate Demand Multifamily Housing Re venue Refunding Bonds (Marks West Apartments) Series 2007 (the "Bonds"), in an aggregate principal amount not to exceed $11 ,200 ,000, pursuant to the terms of a Trust Indenture dated as of June 1, 2007 (the "Indenture") between the City and The Bank of New York Trust Company, N.A., as trustee (the "Trustee"), to pa y a portion of the cost of the Refunding Proj ect ; and WH EREA S, the Owner will enter int o a Financing Agreement dated as of June l, 2007 (the "Financing Agreement") among the City, the Owner and the Trustee pursuant to which the proceeds of the Bonds will be loaned to the Owner (the "Bond Mortgage Loan"); and WHEREAS , the Owner will execute a Bond Mortgage Note (the ''Bond Mortgage Note") evidencing it s obligation to repay the Bond Mortgage Loan to be delivered upon the order of the it y pursuant to the Financing Agreement to the Trustee ; and 3 WHEREAS, to secure the Owner's obligations under the Bond Mortgage Note, the Owner will execute and deliver to the Trustee on the date the Bonds are delivered a Multifamily Deed of Trust, Assignment of Rents and Security Agreement (including Fixture Filing) with respect to the Project; and WHEREAS, the Owner will cause to be delivered to the Trustee on the date of initial issuance of the Bonds a direct pay Credit Enhancement Agreement dated as of June 1, 2007 (the "Credit Enhancement Agreement") between the Federal Home Loan Mortgage Corporation ("Freddie Mac") and the Trustee which will provide for (i) draws in an amount equal to certain "Guaranteed Payments" with respect to the Bond Mortgage Loan and (ii) liquidity draws by the Trustee to the extent remarketing proceeds are insufficient to pay the purchase price of Bonds while the Bonds bear interest at a variable rate ; and WHEREAS , to evidence the Owner's reimbursement obligations to Freddie Mac for draws made under the Credit Enhancement Agreement , the Owner and Freddie Mac will enter into a Reimbursement and Security Agreement dated as of June 1, 2007 (the "Reimbursement Agreement"); and WHEREAS , to secure the Own er's obligation s under the Reimbursem ent Agreement, th e Owner will execute and deliver to the Trustee on the date the Bonds are delivered a Multifamily Deed of Trust, Assignment of Rents and Security Agreement (including Fixture Filing) (the "Reimbursement Mortgage") with respect to the Project ; and WHEREAS , the Owner's obligations under the Reimbursement Agreement and the Reimbursement Mortgage will be cross collateralized with other multifamily housing projects ow ned by Equit y Res idential , a Maryland real estate investment trust ("EQR") which is general 4 partner of ERP Operating Limited Partnership, an Illinois limited partnership, which is managing member of the Owner, or other multifamily housing projects owned by EQR's subsidiaries; and WHEREAS , the City has been requested to enter into an Intercreditor Agreement (the "Intercreditor Agreement") in connection with Freddie Mac's provision of credit enhancement; and WHEREAS, the City is authorized by the Supplemental Public Securities Act, Article 57 of Title 11 of Colorado Revised Statutes, as amended (the "Public Securities Act"), to delegate to any of its members , chief executive officer, or chief financial officer the authority to sign a contract for the purchase of securities or to accept a binding bid for securities and, in addition, may delegate the following determinations to such member or officer without any requirement that the issuing authority approve such determinations : (a) the rate of interest on securities; (b) the conditions on which and the prices at which the applicable securities may be redeemed before maturity; (c) the existence and amount of any capitalized interest or reserve funds; (d) the price at which the securities will be sold ; (e) the principal amount and denominations of the securities; (f) the amount of principal maturing in any particular year ; and (g) the dates on which principal and interest shall be paid; and WHEREAS , the City hereby determines that it is in the City's best interest to delegate to its Director of Finance and Administrative Services (the "Chief Financial Officer") the powers enumerated in the Public Securities Act as more specifically provided in this Ordinance; and WHEREAS , there have been presented to the City Council at this meeting the following documents: (a) the proposed form of the Financing Agreement , (b) the proposed form of the Ind enture , (c) th e propo ed form of the lntercreditor Agreement , (d) the propo ed form f the .. Amended and Restated Land Use Restriction Agreement dated as of June 1, 2007 (the "Regulatory Agreement"), by and among the City, the Owner and the Trustee , and (e) the proposed form of Purchase Agreement (the "Purchase Agreement") among the City, the Owner and Merrill Lynch , Pierce, Fenner & Smith Incorporated (the "Underwriter"). BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO: Section 1. Legal Authorization. The City is a duly organized and existing home rule municipality of the State, created and operating pursuant to Article XX of the Colorado Constitution and the City's Charter and is authorized under the Act to issue and sell its multifamily housing revenue bonds in the form of one or more debt instruments , such as the Bonds , for the purpose , in the manner and upon the terms and conditions set forth in the Act , in this Ordinance, and in the Indenture. Section 2. Findings . The City Council has heretofore determined , and does hereby determine, based upon the representations of the Owner, as follows : (a) The Project is an eligible "project ," as defined in the Act. (b) The iss uance of the Bonds will effectuate the public purp oses of the City and carry out the purposes of the Act by, among other things , providing residential facilities for low-and middle-income persons in the City. (c) The Bond s are special, limited obligations of the City payabl e solely out of the income , revenues and receipts specifically pledged pursuant to the Indenture. The Bonds , the premium, if any , and the interest thereon shall never constitute the debt or indebtedness of the City within the meaning of any provi ion or limitation of the 6 I I , . I ,-, ::;· i I I I I I I I State Constitution, State statutes or the Charter, and shall not constitute nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing power and shall not constitute a "multiple fiscal year direct or indirect debt or other financial obligation" of the City under Article X, Section 20 of the Colorado Constitution. Neither the State of Colorado nor any political subdivision thereof shall be obligated to pay the principal of, premium, if any, or interest on the Bonds or other costs incident thereto. The Bonds do not constitute a debt, loan, credit or pledge of the faith and credit or taxing power of the State, the City or any political subdivision thereof. Section 3. Authorization of Issuance of Bonds. To defray the cost of the Refunding Project, there is hereby authorized and created a series of variable rate revenue bonds designated "City of Englewood, Colorado Variable Rate Demand Multifamily Housing Revenue Refunding Bonds (Marks West Apartments) Series 2007" in an aggregate principal amount not to exceed $11 ,200,000. Subject to the determination of the Chief Financial Officer, the issuance of the Bonds shall be in such principal amounts , bearing such dates and provisions for determination of variable interest rates and such Bonds shall mature as set forth in the Indenture . The Bonds shall be payable, shall be subject to redemption or purchase in lieu of redemption and tender prior to maturity and shall be in substantially the form as provided in the Indenture. Furthermore, the Bonds shall be payable at such place and in such form , ha ll carry such registrati on pri vil eges, shall be executed, and shall contain such terms and conditi n , a et fo rth in the Ind en ture. The maximum net effective interest rate on the Bond hall n t exceed 12 .00% per annum . Section 11-57-204 of the Public Securities Act provid that a public entity, including the ity, may elect in an act of issuance to apply all or 7 any of the provisions of the Public Securities Act. The City hereby elects to apply all of the Public Securities Act to the Bonds . Section 4. Sale of Bonds The placement and purchase of the Bonds pursuant to the terms of the Purchase Agreement be and the same are in all respects hereby appro ved , authorized and confirmed, and the Mayor ( or Mayor pro tern) is hereby authorized and directed to execute the Bonds and the City Clerk is hereby authorized and directed to affix the seal of the City and to attest the Bonds and each is hereby authorized to deliver the Bonds for and on behalf of the City to the Trustee for authentication pursuant to the Indenture. The Bonds shall be sold to the Underwriter for the purchase price as set forth in the Purchase Agreement (subject to the limitations set forth herein). Se t ion 5. Delegation . Pursuant to the terms of the Public Securities Act , the Chief Financial O fficer is hereby delegated the authority to establish: (i) the terms upon which the interest rate or rates of the Bonds will be determined and the payment dates therefore, provided that the net effective interest rate for the Bonds shall not exceed 12 .00%; (ii) the prior redemption provisions for the Bonds , provided , any redemption premium thereon shall not exceed 4% of the pri nci pal am ount to be redeemed ; (iii) th e original issue discount or premium thereon shall not exceed 4% of the aggregate principal amount of the Bonds; and (iv) the dates on which the Bonds shall mature, including the amounts to mature in each year, provided that, the final maturity date for any Bond shall not be later than Jun e 1, 2042. Sectio n 6. Approva l and Autho riz ation of Docum ent s. The Indenture, the Financing Agreement , the Regulatory Agreement, the lntercreditor Agreement and the Purcha e Agreement be and the same are in all respect hereby approved , authorized and confirmed, and the Mayor (or Mayor pro tern) is hereby authorized and directed to execute and the City Clerk is hereby authorized and directed to affix the seal of the City and to attest the Indenture, the Financing Agreement , the Regulatory Agreement, the Intercreditor Agreement and the Purchase Agreement in substantially the forms and content as presented to the C ity on this date, subject to the approval of bond counsel to the City, but with such changes , modifications , additions and deletions therein as shall to them seem necessary, desirable or appropriate, their execution thereof to constitute conclusive evidence of their approval of any and all changes , modifications , additions and deletions from the forms thereof as before this date. Sesdog 71 All Action, Heretofore Taken. All actions (not inconsistent with the provisions of thi s Ordinance) heretofore taken by the City Council and the officers of the City directed toward the issuance and sale of the Bonds therefor are hereby ratified , approved and confirmed . Sesdog 81 Compliance with the Act. The following determinations and findings are hereby made in accordance with Sections 29-3-113 , 29-3 -114 and 29-3-120 of the Act: (a) Th e maximum amount neces sary in each year to pay the pri ncipal of and the interest on the Bonds (based on the maximum net effective interest rates set forth herein assuming that interest is paid monthly, and assuming no redemptions) shall not exceed : 9 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 202 5 2026 2027 2028 2029 2030 2031 2 03 2 2033 2034 2035 2 0 36 2037 2 038 2 039 2 040 2041 2 042 $ Principal Amount 11,200,000 Interest $ 728 ,000 1,344,000 1,344,000 1,344,000 1,344,000 1,344,000 1,344,000 1,344,000 1,344,000 1,344,000 1,344,000 1,344,000 1,344,000 1,344,000 1,344,000 1,344,000 1,344,000 1,344,000 1,344,000 1,344,000 1,344,000 1,344,000 1,344,000 1,344,000 1,344,000 1,344,000 1,344,000 1,344,000 1,344,000 1,3 44,000 1,344,000 1,344,000 1,344,000 1,344,000 1,344,000 1,344,000 $ 728 ,000 1,344,000 1,344,000 1,344,000 1,344,000 1,344,000 1,344,000 1,344,000 1,344,000 1,344,000 1,344,000 1,344,000 1,344,000 1,344,000 1,344,000 1,344,000 1,344,000 1,344,000 1,344,000 1,344,000 1,344,000 1,344,000 1,344,000 1,344,000 1,344,000 1,344,000 1,344,000 1,344,000 1,344,000 1,344,000 1,3 44,000 1,344,000 1,344,000 1,344,000 1,344,000 12 ,544,000 Pro vided , however, that subject to the detennination of the final maturity date of the Bonds as provided in Section 5 of this Ordinance, the maximum amount necessary to pay the principal of and the interest on the Bonds shown above for the year 2042 may occur prior to 2042 to coincide with the final maturity date of the Bonds . 10 (b) Pursuant to the Indenture there shall be established certain debt service reserve funds for payment of the Bonds , which reserves are required to be replenished from time to time, if necessary, from Revenues (as defined in the Indenture). (c) In the Financing Agreement, the Owner has covenanted to maintain, or cause to be maintained, the Project and to carry, or cause to be carried, all proper insurance with respect thereto. (d) The revenues and other amounts payable under the Financing Agreement are sufficient to pay, in addition to all other requirements of the Financing Agreement and this Ordinance, all sums referred to in paragraphs (a), (b) and (c) of this Section and all taxes or payments in lieu of taxes levied upon the Project. Section 9. Investments . Proceeds from the sale of the Bonds and special funds from the revenues from the Refunding Project shall be invested and reinvested in such securities and other investments specified in , and otherwise in accordance with , the Indenture and Section 29 - 3-109 of the Act and Section 24-75-60 1.1, Colorado Revised Statutes . Section 10. Authority to Execute and Deliver Additional Documents . The officers , employees and agents of the C ity shall take all ac tion in confo rm ity wi th the Act , the Public Securities Act and the Charter necessary or reasonably required to effectuate the issuance of the Bonds and shall take all action necessary or desirable in conformity with the Act and the Charter to finance the portion of the costs of the Refunding Project to be financed with proceeds of the Bonds and for carrying out , giving effect to and consummating the transactions contemplated by this Ordinance, the Financing Agreement, the Indenture, the Regulatory Agreement , the Intercreditor Agreement and the Purchase Agreement including without 11 limitation the execution, delivery and filing of any documents, statements or reports with the United States Internal Revenue Service or with the Secretary of the United States Treasury or his delegate necessary to maintain the exclusion of interest on the Bonds from gross income for federal income tax purposes, the execution of any letter of representation or similar document required of any securities depository, and the execution and delivery of additional security documents and any closing documents to be delivered in connection with the sale and delivery of the Bonds. Section 11. Bonds are Limited Obligations. The Bonds shall be special, limited obligations of the City payable solely from the receipts and revenues of the City under the Financing Agreement that are specifically pledged therefore under the Indenture ; the Bonds shall never constitute a debt or indebtedness of the City, the State or any county, municipality or political subdivision of the State within the meaning of any provision or limitation of the Constitution or statutes of the State or the charter of any political subdivision of the State; and the Bonds shall never constitute nor give rise to any pecuniary liability of, or a charge against the general credit or taxing powers of, the City, the State or any county, municipality or political subdivision of the State. The Bonds shall not constitute a "multiple fiscal year dire ct or indirect debt or other financial obligation" of the City under Article X, Section 20 of the Colorado Constitution. Section 12. No Pecuniary Liability. Nothing contained in this Ordinance or in the Bonds , the Financing Agreement, the Indenture, the Regulatory Agreement, the lntercreditor Agreement or the Purcha e Agreement or any other instrument shall give rise to a pecuniary liability of, or a charge upon the general credit or taxing powers of, the City, the State or any 12 county, municipality or political subdivision of the State. The breach by any party of any agreement contained in this Ordinance, the Bonds, the Financing Agreement, the Indenture, the Regulatory Agreement, the Intercreditor Agreement or the Purchase Agreement or any other instrument shall not impose any pecuniary liability upon, or any charge upon the general credit or taxing powers of, the City, the State or any county, municipality or political subdivision of the State, none of which has the power to pay out of its general fund , or otherwise contribute, any part of the cost of refinancing the Project, or power to operate the Project as a business or in any manner. Section 13. No Condemnation by City. The City shall not condemn any land or other property for the Project. Section 14. Trustee and Remarketing Agent. The Bank of New York Trust Company, N.A. is hereby appointed as Trustee and Paying Agent under the Indenture and Merrill Lynch, Pierce, Fenner & Smith Incorporated is hereby appointed as Remarketing Agent pursuant to the terms of the Indenture . Section 15. Supplemental Ordinances . The City may, subject to the terms and cond itions of the Indenture, p ass and execute ordinances supplemental to this Ordinance which shall not be inconsistent with the terms and provisions hereof. Section 16. Limit ation of Rights. With the exception of any rights herein expressly conferred, nothing expressed or mentioned in or to b e implied from the Ordinance or the Bonds is intended or shall be construed to give to any person, other than the City, the Owner, the Underwriter and the owners of the Bonds, any legal or equitable right, remedy or claim under or with respect to this Ordinance or any covenants, conditions and provisions herein 13 contained ; this Ordinance and all of the covenants , conditions and provisions hereof being intended to be and being for the sole and exclusive benefit of the City, the Owner, the Underwriter and the owners of the Bonds as herein provided. Section 17. Pledge of Revenues. The creation , perfection , enforcement , and priority of the pledge of the Revenues to secure or pay the Bonds as provided herein and in the Indenture shall be governed by Section 11-57-208 of the Public Securities Act and this Ordinance. The Revenues for the payment of the Bonds, as received by or otherwise credited to the City, shall immediately be subject to the lien of such pledge without any physical delivery, filing , or further act. The lien of such pledge on the Revenues shall have priority over any or all other obligations and liabilities of the City. The lien of such pledge shall be valid , binding, and enforceable as against all persons having claims of any kind in tort , contract, or otherwise against the City irrespective of whether such persons have notice of such liens. Section 18. Official Statement . The City acknowledges that the Underwriter shall use an Offi cial Statement in connection with the offering of the Bonds , and the Chief Financial Office r is hereb y authorized to certify as to th e accuracy of the inform ation concerning the City contained therein . Section 19. Immunity of Officers. Pursuant to Section 11-57-209 of the Public Securities Act , if a member of the Council , or any officer or agent of the City acts in good faith , no civil recourse shall be available against such council member, officer, or agent for payment of the principal of or interest on the Bonds. No recourse for the payment of any part of the principal of, premium , if any, or interest on the Bonds for the satisfaction of any liability 14 arising from, founded upon or existing by reason of the issue , purchase or ownership of the Bonds shall be had against any official, officer, council member or agent of the City or the State , all such liability to be expressly released and waived as a condition of and as a part of the consideration for the issue, sale and purchase of the Bonds. Section 20. Limitations on Actions . In accordance with the Act , no action shall be brought questioning the legality of any contract, financing agreement, mortgage , trust indenture, proceeding relating to the Bonds or the Bonds, the Refunding Project or the Project on and after thirty days from the effective date of this Ordinance. Section 21. Counterparts. This Ordinance may be simultaneously executed in several counterparts , each of which shall be an original and all of which shall constitute but one and the same instrument. Section 22. Captions . The captions or headings in this Ordinance are for convenience only and in no way define , limit or describe the scope or intent of any provisions or sections of this Ordinance. Section 23. Validity of Bonds. Each Bond shall contain a recital that such Bond is issued purs uant to th e Act an d th e Publ ic Securities Act, and such recital shall be concl usive evidence of its validity and of the regularity of its issuance. Section 24. Irrepealability. After any of the Bonds are issued, this Ordinance shall be and remain irrepealable until the Bonds and the interest thereon shall have been fully paid, canceled and discharged. Section 25. Severablllty. If any section, paragraph, clause or provision of this Ordinance hall for any reason be held to be invalid or unenforceable, the invalidity or 15 unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Ordinance. Section 26. Repealer . All orders , ordinances , resolutions , bylaws , and regulations of the City, or parts thereof, inconsistent with this Ordinance are hereby repealed to the ex tent only of such inconsistency. Introduced, read in full , and passed on first reading on the 7th day of May, 2007. Published as a Bill for an Ordinance on the 11th day of May, 2007 . A Public Hearing was held on May 21 , 2007. Read by title and passed on final reading on the 21st day of May, 2007 . Published by title as Ordinance No._, Series of 2007 , on the 25th day of May , 2007 . Olga Wolosyn, Mayor ATIEST: Loucrishia A. Ellis , City Clerk I, Lo ucrishia A. Ellis, City Clerk of the City of Englewood , Colorado , hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No ._, Series of 2007 . Loucrishia A . Ellis 16 RESOLUTION NO. SERIES OF 2007 A RESOLUTION APPROVING 1llE TRANSFER OF FUNDS IN THE 2007 BUDGET. ,,~ WHEREAS, the City of Englewood is required by City Charter to ensure that expenditures are not made without proper appropriation by City Council; and WHEREAS, the City Council approved the 2007 Budget and Appropriation Ordinances on November 6, 2006; and WHEREAS , the Englewood City Council has made protection of open space a priority; and WHEREAS, a piece of property known as the Oxbow Property was placed on the market prompting the City to research the acquisition and funding of purchasing the property; and WHEREAS, the funds being transferred were previously appropriated for the Mary Carter Greenway/Buffer Project; and WHEREAS , additional funding for this project will be necessary and is expected to come from the following possible sources: the City of Littleton, Arapahoe County and Open Space, and GOCO; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council of the City of Englewood, Colorado, hereby approves the following transfers and appropriations : OPEN SPACE FUND: Source of Funds: Mary Carter Greenway/Buffer Project $125 ,000 Use of Funds: Oxbow Property Purchase Project $125,000 Section 2 . The City Manager and the Director of Finance and Administrative Services are hereby authorized to make the above changes to the budget. ADOPTED AND APPROVED this 21st of May, 2007. ATTEST : Olga Wolosyn, Mayor Loucri hia A. Iii , City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2007. Loucrishia A. Ellis, City Clerk COUNCIL COMMUNICATION Date: May 21, 2007 Initiated By: Agenda Item: 11 C i Finance and Administrative Services Subject : Transfer of Funds in the Open Space Fund from the Mary Carter Greenway /Buffer Project to the Oxbow Property Purchase Project Staff Source: Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council has not discussed this supplemental specifically, but City Council has discussed the acquisition of this property on numerous occasions. RECOMMENDED ACTION Staff recommends City Council approve the attached Resolution to transfer funds from the Mary Carter Greenway/Buffer Project to the Oxbow Property Purchase. OPEN SPACE: SOURCE OF FUNDS: Mary Carter Greenway/Buffer Project $125 ,000 USE OF FUNDS: Oxbow Property Purchase Project $125,000 BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED City Council has made protection of open space a priority. This property was put on the market prompting City staff to research the acquisition and funding of this project. FINANCIAL IMPACT The source of funds was previously appropriated for the Mary Carter Greenway/Buffer Project so there is no net effect of this action . The remaining funding is expected to come from the following possible sources: City of Littleton, Arapahoe County, and Open Space, and Great Outdoors Colorado. LIST OF ATTACHMENTS Re e lution COUNCIL COMMUNICATION Date: Agenda Item: Subject: May 21, 2007 11 ell Citywide sidewalk sale event to be held June 16, 2007 and September 8, 2007 Initiated By: Staff Source: Community Development Department Darren Hollingsworth, Economic Development Coordinator COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Ordinance 47, Series of 2000, authorized public sidewalk sales for community events or celebrations. RECOMMENDED ACTION Staff recommends Council approve, by Motion, establishing June 16, 2007 and September 8, 2007 as citywide public sidewalk events. BACKGROUND Ordinance 47, Series of 2000, authorizes two citywide public sidewalk sales annually. The City Policy established for public sidewalk sales allows for such sales to be conducted only in conjunction with a City authorized public sidewalk sales event. The dates of Saturday, June 16, 2007 and September 8, 2007 have been proposed for public sidewalk sales events through discussions among the Old Town Englewood merchants' association, the Greater Englewood Chamber of Commerce, and the Alliance for Commerce in Englewood . FINANCIAL IMPACT None LIST OF ATTACHMENTS None COUNCIL COMMUNICATION Date: May 21, 2007 Initiated By: Agenda Item: 11clll Community Development Department Subject: Micro Business Development Staff Source: Darren Hollingsworth, Economic Development Coordinator COUNCIL GOAL AND PREVIOUS COUNCIL ACTION One of Council's goals is to stimulate Englewood's economic base, which would in turn support and diversify sources of revenue for the City. Englewood 's Economic Development Strategy supports sustainable programs that assist small businesses and entrepreneurs. RECOMMENDED ACTION Staff requests that Council approve, by Motion, the Grant Agreement to Micro Business Development for a Micro loan and Guarantee Pool. Approving this Motion allows Englewood to grant its dormant revolving loan funds to MBD. These funds have been historically used for economic development purposes in Englewood. Granting these funds to MBD will continue their intended use as an economic development resource for Englewood. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Englewood has a un ique com petitive ad vantage in th e metro area be cause the community is attractive to small companie s and start-up business es . Small businesses and start-up businesses often seek a loca tion in Englewood be ca use of the co mpetitive ly priced commercia l space and community's central location. To build upon our competitive community advantages, Englewood has an opportunity to grant funding to an organization that can provide numerous services to support local small business. Micro Business Development (MBD) offers a mix of unique services to help entrepreneurs with an array of programs that include: business assessments , workshops, indi idual consulting, business resource referrals, and loan resources. MBD has formed strategic partnerships with numerous organizations including: Adams County Office of Economic De elopment, Brighton Economic Development, Denver Mayor's Office of Economic Deve lopment, and many more . Communities that financially participate with MBD have a unique entree with entrepreneurs looking for te chnical expertise and capital necessary to support mall business d elopm nt initiatives. oun ii inquir d a o ut MBD's loan repa yment rate . Kerst n Hostett er pro ided a r sponse to un ii' r qu t nd th e ull r sponse is attach d t o thi Co un ci l Communication. MBD provid -· ...... ......_--_","'- loans to high risk, business start-up clients. MBD's loan loss rate was 3.5% for 2005, which is a below average by comparison to other micro lending institutions. In other words, MBD has fewer loan write-offs and loan failures . (See Attached : MBD Response to Council Questions from Kersten Hostetter) City Revolving Loan Fund -Background The City Revolving Loan Fund was derived from "revolved" Community Development Block Grant (CDBG) funding. When the initial round of CDBG loans were repaid , they lost their federal strings and were used to support local economic development projects. These funds were used to support the projects from businesses that were participating in Englewood's Commercial Catalyst Program for commercial revitalization . Five (5) loans were funded through this program and have been fully repaid. Current Balance : Current Outstanding Loans: Issues Impacting Sustainability $ 218,365.72 None • Businesses have expressed reluctance in borrowing funding directly from the City of Englewood to fund property improvements. A full application requires that the applicant submit financial statements and undergo a full credit review by the City loan committee. • Demand for the City revolving loan program has dropped off. Businesses have not been interested in participating in this program and the fund has been dormant for the past couple of years . • Staff capacity to administer a small revolving loan fund is limited. FINANCIAL IMPACT In v estment in this program will require a one-time administrative fee of 10 percent, or $21 ,836.57 . These funds are currently in Community Development's budget and available to support this initiative. LIST OF ATTACHMENTS MBD Response to Council Questions from Kersten Hostetter Grant Agreement to MBD Micro for a Micro Loan and Guarantee Pool Grant Agreement Attachments Attachment I: MBD Project Goals and Objectives Attachment II : MBD Board of Directors Attachment Ill : Policies and Procedures I I . i I I i I I I i I I MBD Response to Council Questions from Kersten Hostetter At the March 19'h study session , Council asked several questions which required follow-up. The following narrative is intended to respond to Council 's questions about Micro Business Development. Business Survival Industry Norm: The Small Business Administration reports that two-thirds of new employer establishments survive at least 2 years , and 44% survive at least 4 years , according to a recent study . Microentreprepeneurs: The Aspen Institute reports that 80% of microentrepreneurs were operating a business at least 1 year after receiving services from the microenterprise programs. A study of welfare recipients who received microenterprise assistance found they had a two-year business survival rate of 68% {FIELD, "Micro~nterprise as a Welfare to Work Strategy : Two-Year Findings"). Similarly, in a longitudinal study of low-income entrepreneurs, the five-year survival rate of microbusinesses was 49 percent -comparable to the survival rate for businesses with similar characterist ics and owners (FIELD, "Microenterprise and the Poor"). MBD: In 2005, 80 % o f all MBD loan cli e nts were still in busine ss af ter 3 y ear s. Loan Loss Rate Industry Norm: On March 22, 200 7, in testimon y before the House Appropriations Sub c ommittee on Financial Services, SBA Administrator Preston stated that the defa ult rate for the SBA 's loan guarantee pro gram w as 6 to 7 per ce nt. Other Microenterprise Development Agencies: In 200 3, a group o f 45 micro en t erp r ise programs that make loa ns t o t he ir clients reported a media n loa n loss ra t e of 7 percent. The 43 of these programs that reported cost data spent a median of 42 cents that year to make and manage each dollar in their loan portfolio. Source: Opening Opportunities, Building Ownership: Fulfilling the Promise of Microenterprise in the United States MBD: MBD's loan lo ss rat e was only 3.5% for 2005 which is below average for the microlending ins t itutions. In the same year MBD's cost per loan was $2 ,2 99 with an op rational cos t of $0.43 for every dollar in the outstanding loan portfolio. MBD in est d $659 per client (a n entrepreneur receiving 10 or more service hours from MBD) and $256 per participant (fewe r than 10 service hours ) in 200 5. MBD M odel in Eng lewood: The Council also request ed specific information on what th e p t d ou t omes of MBD rvi c ould be in Englewood . To answer this question I would like to draw your attention to a similar program MBD initiated in 2006 targeting Adams County. Within just 6 short months of beginning the program (3 operational months) MBD achieved the following outcomes: ~ Provided business development training in Brighton, Commerce City, Northglenn and unincorporated Adams County including a sold out course with 17 participants. ~ MBD served 84 unduplicated individuals. Each of these individuals received at least 4 hours of dedicated business development bringing the minimum total to 324 hours spent. ~ MBD's target for low to moderate income served is 51 %. Currently 66% of served individuals are low to moderate Income ~ $9675 of capital has been distributed and MBD currently has a 100% repayment rate for the Adams County Revolving Loan Fund. After two years of operations in Adams County, MBD has now lent approximately $100,000 with a 95% repayment rate. At the end of 2006, 4 clients had already repaid their loans in their entirety. ~ MBD is not only training and meeting with entrepreneurs but having solid impact on start-up of business within Adams County: 8 new businesses were officially started within the first 6 months of the program; 5 others were in the final stages of launching their business venture at that time. ~ In addition to start up ventures MBD assisted 10 existing businesses and created 7 additional new jobs during the same time period . Upon reviewing the amount of money spent, MBD is boasting an average cost of $1 2 50 /new job created . MBD prides itself in being community-oriented. As a result, we strive to partner with other community organizations such as economic development agencies, business development organizations, colleges, and local government offices so that our special ized serv ices are situated and targeted appropriately within the full spectrum of needs within the community. Our pro gram in Adams County is also a model for community in v olvement: , MBD has c reat ed num erou s strategic partnerships includin g the Adam s County O ffice of Ec onom ic D ev elopm e nt, Ad ams Cou nty Workforce, Bri ghton Ec onom ic Development, and a number of m unicipa li ties, ne i ghb orh ood gro ups, banks, and affordable housing agencies. ~ MBD is involved in the community more then just providing classes and individual training. Staff has been instrumental in the Adams County Business Accelerator, participated in lending panels, supported and sponsored numerous Adams County even ts and specialized projects including a farming project with refugees and a specia lized program with the Division of Vocationa l Rehabili t ation for entrepreneurs with disabilities. , MBD has is building alliances and are currently in funding talks with the City of Westminster, the Workforce Development Centers, Wells Fargo Bank and the Migrant Coalition to increase the loan pool and support the training and technical a istance. GRANT AGREEMENT TO MICRO BUSINESS DEVELOPMENT FOR A MICRO LOAN AND GUARANTEE POOL TIIIS GRANT AGREEMENT TO MICRO BUSINESS DEVELOPMENT FOR A MICRO LOAN AND GUARANTEE POOL (this "Agreement ") is executed and delivered on the date set forth below, by and between Micro Business Development Corporation (MBD) and the undersigned Municipality ("Municipality "), and all current and future entities and individuals who are or become Program (defined below) Municipalities , who are represented in this agreement by MBD as their agent. PREAMBLE I . MBD is a Colorado nonprofit corporation . MBD has been designated by the IRS as a 501 (c) (3) organization that supports economic development by initiating and administering microenterprise initiatives . 2 . In 1993 MBD initiated, and since then has administered, the Micro Loan Investment Fund (Program). 3. The Program provides access to affordable , flexible , capital for entrepreneurs via (i) direct loans and (ii) by guaranteeing a percentage of bank loans made lo Program participants by other lenders . 4 . Funds for Program are used solely to support bus inesses and residences located in the specifi c geographic area designated by the Municipality , and attached lo this agreement. 5 . The funds contributed by Municipality and other local entities are combined and held as the Program 's "micro loan and guarantee pool." 6. Englewood will receive an annual report from MBD on the "micro loan and guarantee pool " acti vities conducted within the City of Englewood . AGREEMENT Fo r g ood and valuable consideration , the Parties agree as follows : I . The Municipality will contribute to the Program 's loan pool the sum of$218,365 .72 and the Municipality 's liability under the Program is limited lo that amount. MBD may call , and Municipality shall transmit, such committed funds at any time between the date hereof and twenty-four months following the date hereof This agreement requires an initial disbursement to MB D ofSI00,000. 2. The Municipality will contri bute to MBD a one time fee of no more th an 100/o of th e total loan pool , up lo a maximum of $2 1 836.57 . This seed su ppo rt wi ll be used lo fund th e program during its first year of operation, after which fun ding will be captured from earned income , and grants sought by and awarded to MBD for the sole purpose of supporting said program . 3 . MBD will use the Municipality 's community funds in the municipality. MBD will hold the pool funds in accordance with the policies established by MBD's Board of Directors . 4 . The Municipality hereby irrevocably authori zes MBD to use and deploy the Municipality 's funds to loan and guaranty capital to community entrepreneurs located in the City of Englewood. Therefore, Municipality authorizes MBD to use the Municipality 's funds to fund all Program loans outstanding, but not in default, and all subsequent Program loans, as of and following the date hereof 5. MBD 's loan review committee will include a community representative approved by the City Manager of Englewood . This committee will make the decision whether to offer to loan or guarantee loans for potential borrowers based upon the Program 's loan guidelines . MBD will communicate relevant infonnation to the Municipality concerning potential borrowers . For MBD to offer to a loan or guarantee a loan there must be no Program Municipality or loan review panel member who declines the guarantee. The failure of Englewood 's representative to communicate, within the time designated by MBD, an opinion as to whether or not to offer a guarantee will be deemed an affirmati ve response. 6 . MBD 's offer to loan or guarantee will describe the terms and conditions of the loan the Program is offering. MBD's offer to loan or guarantee will require appropriate collateral ; require co-signers in accordance with good banking practices; will restructure loan payments when appropriate, and will look to non-program sources of repayment before calling a loan in default. 7. The Municipality hereby irrevocably donates all principal and interest remitted by borrowers , to MBD. 8 . The Municipality hereby acknowledges and represents and warrants to , and covenants and agrees with, MBD as follows : (i) Loans and guarantees made by the Program 's pool are expected to be "high-risk" loans and guarantees , and as such , there is a possibili ty that the invested and guaranteed funds may be lost, and Municipality acknowledges partici pation invol ves a substant ial degree of risk . (ii ) Muni cipal ity has been given adequate access to all information about MBD and the Prog ram that was material to its decision to participat e, (iii ) M uni c i pal ity is parti c ipating for its own charitabl e and investment purposes and not on behalf of any other person , (i v) Municipality has the legal authority to execute, deli ver and perform this Agreement, (v) no federal or state agency has made any finding or determination as to the fairness of this participation, nor any recommendation or endorsement, of the investment, and (vi) Municipality un derstands that MBD is relyi ng on these represen tations for purposes of any applicable laws , includ ing sec urities laws . 9 . This Agreement is governed by the laws of the State of Colorado . IN WITNESS WHEREOF, the parties hereto have executed this MBD Micro Loan Investment Fund Agreement on the date set forth below. Dated: 2007 _____ __, Individual Municipality: Signature _________ _ City of Englewood Gary Sears, City Manager Address: 1000 Englewood Parkway Englewood, CO 80110 Tax ID#: _________ _ If entity : Program Administrator, Agent and Custodian: Micro Business Development Corporation State of Organi.zation/lncorporation :. ______ _ List of Attachments Attachment I: MBD Project Goals and Objectives Attachment II : MBD Board of Directors Attachment Ill : Policies and Procedures Attachment I: MBD Project Goals and Objectives MBD's most important project goal is to help our clients, who are often strapped for time and cash, connect with the support they need to innovate and find profitable ways of running a business that support the health of their families and communities. 1.) Specific quantifiable goals for Englewood client impacts. • the number of individuals to be served each year: I 00 • The number of access to capital opportunities: 18 • The number of clients participating in business skill training: 75 • The number of clients attending community credit counseling: 50 • The number of clients participating in the financial coaching: 25 • Number of clients participating in access to markets services : 20 • Number of new jobs created : 12 maintained: 20 • Business owners participating in social and environmental sustainable development: 30 2.) Please discuss the methods in which your program will assist a segment of women entrepreneurs to achieve business growth and/or sustainability which can include (but are not limited to): 1. targeted business training and post business start-up assistance 2. access to creative capital and healthy debt 3. provision of financial literacy and other asset building services 4 . methods to promote and sustain business growth Targeted business assistance training: MBD believ es in individualized and specialized business assistance training during idea, start-up, emerging and expan si on phases . Our targeted business training and post business start-up assistance is disseminated in several programs including: Micro Business Assessme nt (MBA): The MBA is an individualized consulting pro gram designed to cover the 5 key areas of business : financials , strategic development , marketing, operations and legal. This program allows the individu al to meet with a specialized consultant and discuss -in detail -their business and goals. This information then is presented to a team of consultants who put together a goal and action plan which is then sent to the business owner. This program will expand the women consultant group a the program grows . Business Skill Training : MBD will offer specialized workshops both through the organization and partnering organizations to introduce core business concepts and resources available to the Englewood entrepreneur. Community Partners Database: The community partner program is a database of high level profe ional volunteers that assist entrepreneurs in a variety of business ervices . These ervice focus on legal , insurance, time management and financial issues that affect the bu ines owner. MBD will eek to expand its u e of partners and agencies within Englewo d o that community building and networking happen naturally . Access to Creative Capital and Healthy Debt: In the realm of capital, MBD helps underserved entrepreneurs acquire fair and flexible financing to implement their business ideas. Our continuum of loan services provides an alternative to high interest credit cards and predatory lenders for those who cannot yet secure financing from traditional sources. MBD is a credit-led organization specializing in lending services to meet the specific needs of our clients, to grow with them and to prepare them for traditional financial institutions. With the Collaborative Fund's assistance, the variety of capital products will continue to allow female business owners to access the appropriate type of lending for the individual borrow including non- traditional payment plans, women-friendly financing and a continuum of accessible capital services. MBD is first, and foremost, a lender organization providing affordable access to capital for community entrepreneurs. The Organization has a large suite of debt facilities that it provides to its clients. Youth Access Loans: allows youth to participate in a marketplace experience, test feasibility, or launch a business idea. Access to Market Loans: Helps borrowers access opportunities to sell their products at local marketplaces. Peer Loans: Borrowers unable to meet credit/ collateral requirements borrow as a group , creating "social collateral". Direct Individual Loans: larger loans made directly to clients who cannot access traditional sources of credit. Guaranteed Loans: MBD guarantees a portion of loans submitted to local banking partners for review and consideration. Individual Development Accounts (IDA): Individual development accounts are a matched savings account that allows access to creative financing and professional development services. It allows women entrepreneurs to save and receive a match amount of 4: 1 to in vest in their business . Attachment II: MBD Board of Directors uevelopment committee Name company Address City, State, Zip Phone 1 t"none 2 E-mail Wealth 2382 Norfolk St. Erie, CO 80516 303-664-1947 Fax : 303-664-jenifer@afinancialminute.com Jenifer Madson (cha ir) Journeys , LLC 1947 Chad Hollingswo rth RBC Daniels , 3200 Cherry Creek Denver, CO 80209 Work : 303-282-Mobile : 303-570-chad.hollingsworthcaldanielsonline .com (investor chair) L.P . South Dr., Ste . 500 6702 5089 Casste Coppersm ith 300 E 17th Ave, Apt. Mobile: 402-659 (1nvestor committee ) 912 Denver, CO 80203 0209 cassie .connersmith(n)nmail .com Barbara Bauer 338 Clayton St.. #3 Denver, CO 80206 303-333-9439 btbauer1 ®msn.com Capital S isters 227 Lamb Lane Golden , CO 80401 Home: 303-526-Mobile: 720-427-(!fhinnencalcomcast.net International 9396 3348, Fax: 303- Patricia Foley H in nen 526-5181 Teton Marketing Evergreen , CO 804, Work : 720-937- Partners 8978 Denise Horton 3753 South Summit Ln . denise®tetonmarketinaoartners.com The Furniture Work: 303-628- Jason Rei mer Room 7646 ~ecut1ve committee ...... company Aaaress City, State, Zip t"none 1 t"none 2 E-mail C2 Strategies P.O . Box 1959 Lyons, CO 80540-1! 303-823-5991 Fax: 303-832-ccrosser®C2Strategies.com Christy C rosser (chair ) 6634 Maf1t Kendle (vice DA Davidson & 1600 Broadway, Ste . Denver, CO 80202 303-764-6045 Fax: 303-764-mkendlecalk(!.dadco .com chair/treasurer) Co. 1100 5736 Wealth 2382 Norfolk St. Erie, CO 80516 303-664-194 7 Fax: 303-664-jenifercalafinancialminute .com Jenifer Madson (secretary) Joumevs, LLC 1947 Jan CampbeU (immediate Wells Fargo 17 40 Broadway • Denver, CO 80274 303-863-6686 Fax: 303-863-Janice.L.Cam(!bellcalwellsfargo.com oast chair) C7300-096-M AC 2797 t-1nance Committee ...... \..Ompany Address City, State, Zip t"none 1 t"none 2 E-mail D.A. Davidson & 1600 Broadway, Ste. Denver, CO 80202 303-764-6045 Fax : 303-764-mkendlecalk1;1.dadco .com Marx Kendle (chair ) Co. 1100 5770 Masouda Omar (audit Colorado 9446 Desert Willow Highlands Ranch, C( Work: 303-297-Home : 303-471-Masoudaoca)colohfa . org committee chair ) Housing and Trail 7330 7430 Finance Authority JP Morgan 8224 Everett St. Arvada , CO Home: 303-431-Cell : 303-903-Debra .(!.bustoscalchase .com Debra Bustos Chase 5811 2354 3850 York St. Denver, CO 80205 Work: 303-297-mgoodgaine@heritagebanks.com Maurice GoodQa ine HeritaQe Bank --0111 ---·---,,. __ ~ __ .. -.v-v, ·""" -- Littleton, CO 80128 303 -973-7020 Mike & Nancy l a m s 6990 S. Polo Ridge Dr. niiams@hotmail.com Prem ier F leet 820 S. Monaco Pkwy ., Denver, CO 80224 Work : 303-944-I: Shaun Per Group #268 3017 shaun@nremierfleetarouo.com Clifton 370 lnterlocken Blvd ., Work: 303-439-Mob ile : (720) 934- Hartan Zeinstra Gunderson CPA Ste. 500 Broomfield , CO 800 6081 9606 Harlan.Zeinstra@cliftoncpa .com 1::strateg1c t'lannmg Ad H oc ....... Company Addres s City, State , Zip l"none 1 l"none 2 E-mail Barbara M idd leton Total Long Term 3134 Westwood C o urt Boulder, CO 80304 Work: 303-327-Home: 720-406 -bmooch<@aol.com Care 1189 x236 1507, Mobile : 303 818-8494 Jan Cam pbe ll Wells Fargo 17 40 Broadway , Denver, CO 80274 303-863-6686 Fax : 303-863-Janice.L .Cam12bell@wellsfargo .com C7300-096-MAC 2797 Jade Crawford Urban Denver, 2955 Inca Street, Loft De nver , CO 80202 Mobile: 720-233 Fax : 303-298-jack@urbandenver.net Inc 4M 5306 1118 Denise Denton 11419 E. Cimma r ro n Englewood , CO 801 303-941 -0181 D2 , Inc . Dr. ddenton@d2 inc.biz Sara Fuentes Denver 3840 York Street, Denver, CO 80205 303-455 -3099 Fax: 303-455 -sfuentes@denverba .com I Business #2308. 3076 , Mobile : 303 Associates 523-5754 Karen Kruse 303 -642-7863 Mobile: 303 -819- 9799 ka ren kruse@vahoo .com ' . . Board co ntact sheet 3-20-07.xls -2-==--=-=-·.,._______-~ _~..J"-.r'-____ _,. -----~ ----~-------------·-., , ... --... ,-'".;.-_ -· -----~ .,._ ----,---.-..%..---~ ..... __ ..,.....,.,. .,..,, -,---~ ~-~---·--a.. _,-_c:.-.. ,<l;,:,. .. -----· ..-,,.-~· ._ .. -~-- ----------"----------· ... ,cc·. -----. ------- Attachment III: Policies and Procedures Project Goals and Objectives MBD's most important project goal is to help our clients, who are often strapped for time and cash, connect with the support they need to innovate and find profitable ways of running a business that support the health of their families and communities. 1.) Specific quantifiable goals for Englewood client impacts. • the number of individuals to be served each year: 100 • The number of access to capital opportunities: 18 • The number of clients participating in business skill training: 75 • The number of clients attending community credit counseling: 50 • The number of clients participating in the financial coaching: 25 • Number of clients participating in access to markets services : 20 • Number of new jobs created: 12 maintained: 20 • Business owners participating in social and environmental sustainable development: 30 2.) Please discuss the methods in which your program will assist a segment of women entrepreneurs to achieve business growth and/or sustainability which can include (but are not limited to): 1. targeted business training and post business start-up assistance 2. access to creative capital and healthy debt 3. provision of financial literacy and other asset building services 4. methods to promote and sustain business !:,Jfowth Targeted business assistance training: MBD believes in individualized and specialized business assistance training during idea, start- up , emerging and expansion phases . Our targeted business training and post business start-up assistance is disseminated in several programs including: Micro Business Assessment (MBA): The MBA is an individualized consulting program designed to cover the 5 key areas of business: financials , strategic development , marketing, operations and legal. This program allows the individual to meet with a speciali zed consultant and discuss -in detail -their business and goals. This information then is presented to a team of consultants who put together a goal and action plan which is then sent to the business owner. This program will expand the women consultant group as the program grows . Business Skill Training : MBD will offer specialized workshops both through the organization and partnering organizations to introduce core business concepts and re ources a, ailable to the Englewood entrepreneur. Community Partn ers Database: The community partner program is a database of high level profe sional vol unteers that assist entrepreneur in a variety of business ervice . These service focus on legal, insurance, time management and financial issues that affect the business owner. MBD will seek to expand its use of partners and agencies within Englewood o that community building and networking happens naturally. Access to Creative Capital and Healthy Debt: In the realm of capital, MBD helps underserved entrepreneurs acquire fair and flexible financing to implement their business ideas. Our continuum of loan services provides an alternative to high interest credit cards and predatory lenders for those who cannot yet secure financing from traditional sources . MBD is a credit-led organization specializing in lending services to meet the specific needs of our clients, to grow with them and to prepare them for traditional financial institutions. With the Collaborative Fund's assistance , the variety of capital products will continue to allow female business owners to access the appropriate type of lending for the individual borrow including non-traditional payment plans, women-friendly financing and a continuum of accessible capital services. MBD is first, and foremost , a lender organization providing affordable access to capital for community entrepreneurs. The Organization has a large suite of debt facilities that it provides to its clients. Youth Access Loans: allows youth to participate in a marketplace experience, test feasibility, or launch a business idea . Access to Market Loans: Helps borrowers access opportunities to sell their products at local marketplaces. Peer Loans: Borrowers unable to meet credit / collateral requirements borrow as a group, creating "social collateral". Direct Individual Loans: larger loans made directly to clients who cannot access traditional sources of credit. Guaranteed Loans: MBD guarantees a portion of loans submitted to local banking partners for rev iew and consideration . Indi vidual D evelopment Accounts (IDA): Individual development accounts are a matched savings account that allows access to creative financing and professional development services. It allows women entrepreneurs to save and receive a match amount of 4: 1 to invest in their business . 2 .'.i n ~ j . I> i ~ i· 1, ~ i ; I I I I I I . I I I I i I I I I I AGENT CONFIDENTIALITY AGREEMENT This Agent Confidentiality Agreement ("Agreement") is entered into this __ day of __ _ by and between Micro Business Development Corporation, a Colorado corporation ("MBD"), and ("Agent"). WHEREAS, MBD desires to retain the services of the Agent to assist it m providing microenterprise development services, and; WHEREAS, Agent desires to be retained by MBD to perform such services. NOW THEREFORE, IT IS AGREED AS FOLLOWS: Section 1. Records. The Agent agrees to keep full and complete records of all services done under this Agreement and shall tum copies of such records over to MBD upon termination of this Agreement. Section 2. Confidential/Proprietary Information. The Agent agrees that it will not disclose and will hold in confidence any and all proprietary information and other matters owned by MBD or brought to the Agent's attention by MBD during the course of this Agreement, including third party information provided to Agent by clients or applicants of MBD , whether in written or oral form (collectively the "Information"). Without the prior written consent of MBD , the Agent agrees not to use the Information for any purpose other than the performance of the Services performed for MBD under this Agreement. However, the Agent shall not be so restricted where (i) the Information is now or becomes public through no fault of the Agent , or (ii) the Agent already had the Information in his/her possession from his/her own work prior to the date of this Agreement, or (iii) the Agent received the Information from a third party on a non-confidential basis and not derived from MBD, or (iv) the Agent receives permission in writing from MBD to disclose the Information. Section 3. Remedies. The parties acknowledge that any disclosure of the Information will cause irreparable harm to MBD . As a consequence, the parties agree that if the Agent fails to abide by the term s of this Agreement, MBD will be entitled to specific performance, including immediate issuance of a temporary restraining order or preliminary inj uncti on enforcing this Agreement, and to judgment for damages caused by such breach, and to any other remedies provided by applicable law . Section 4 . Waiver . Failure of either party at any time to require performance of any provision of this Agreement shall not limit the party's right to enforce the provision , nor shall any waiver of any breach of any provision be a waiver of any succeeding breach of any provision or a waiver of the provision itself for any other provision. Section 5. A ignment. Neither party may transfer or assign this Agreement without the prior written con ent of the other party. 3 Section 6. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado . Section 7. Entire Agreement. This Agreement contains the entire understanding between and among the parties and supersedes any prior understandings and agreements among them respecting the subject matter of this Agreement. IN WITNESS HEREOF, the parties have executed this Agent Confidentiality Agreement as of the date set forth above . MicroBusiness Development Corporation By: ____________ _ Printed Name: ------------Title: ---------------- Agent for MBD By: ----------------Printed Name: ------------ 4 LOAN CHARGE-OFF POLICY I. GENERAL ST A TEMENT A. Granting loans to Micro Business Development Corporation's (MBDC) clients is a primary function of MBDC. We understand that a certain percent of the loans granted will not be repaid . This policy governs the process by which loans are charged-off. II. GUIDELINES A. Identifying Loans for Charge-Off Loans will be charged-off the books ofMBDC when they are deemed to be uncollectable. Conditions which qualify a loan for charge-off are: 1. Management becomes aware of information indicating that the loan will not be repaid and ( collateral securing the loan is insufficient to cover the loan balance). Any collateral securing the loan has been recovered or sold. 2. The loan has been deemed irreco verable by collections ad visors. Exceptions to these conditions will be considered by Management based on the circumstances of each Joan. When substantial evidence suggests that the loan will be repaid , it should not be charged-off. All exceptions will be clearly documented. 3. Any Chapter 7 bankruptcy, post discharge , unless paying voluntarily. 4. Any portion of a secured debt disch arged by court. B. Responsibility 1. The Executive Director will prepare a report ofloans recommended for charge-off. The report will be prepared monthly and presented to the Finance Committee. When approved by the Finance Committee the report will be presented to the Board of Directors for approval. 2 . Loans recommended for charge-off may be booked upon the authorization of the Executive Director, or designee , subject to Board approval. Any variances will be reconciled prior to month-end . C. Lo Reduction 5 1. ., When permitted by the applicable loan agreements and when deemed appropriate by Management, MBDC will reduce the amount of loan loss by: a. Repossessing and liquidating collateral prior to the charge-off, including collateral covered by a cross-collateralization agreement. D. Future Collection I. It is the policy of MBDC to continue collection efforts after a loan is charged-off. The cost of collection will be weighed against the potential recovery. Collection of charged-off loans may be handled internally or assigned to an outside agency at the discretion of Management. MBDC will use all legal and available remedies to protect its interest and recover loan losses. 2. MBDC will document Future Collections according to accounting procedures established in January 2006 and created by Accountant Judy Businga and Auditor Tim McCutcheon. The Account designation is set as Recoveries of Bad Debts and correspondingly tracked in Down Home Loan. 6 I ,, ,. " ,. ; . r. ' I I i i • ; I l I i. I I I ' I Daily Financial Management Processes Process for when payments are received: -Loan payment is first handled by a loan advocate who will: 1. Enter the payment into DownHome Loan 2. Make one copy of the loan payment for loan files 3. Make one copy of the loan payment to be placed with the payment in the Executive Director's or Executive Assistant's inbox, or directly in the loan deposits folder located in the financial cabinet. -Payment for services provided and individual contributions are received by the Executive Director or Executive Assistant and placed directly into the operating funds deposit folder -Grant funds are received by the Executive Director or Executive Assistant and placed in either the operating funds deposit folder or loan fund folder depending on what the grant funds are designated for. -Deposits are gathered by a Senior Staff member who will : 1. Determine which account the loan payments should be deposited in a) Team Works loans are deposited into Wells Fargo #9344 b) BusinessWorks Level I loan (below $10 ,000) payments are deposited into Heritage #4397 c) BusinessWorks Level 2 loan <above $10,000) payments are deposited into Wells Farge #6427 d) All operating funds are deposited into Wells Fargo #6401 2. Complete appropriate deposit slips -Deposits are made by a staff member, who will: 1. Deposit at respective bank branch 2. Deposits of loan payments for a division are not made by the same division, i.e. a BusinessWorks staff member may not deposit BusinessWorks loan payments , etc. 3. Staff member will staple bank receipt of deposit with copies of deposited loan payments and place in the Executive Director 's or Executive Assistant 's inbox or directly in the "Deposits to be Posted" folder in the financial cabinet. 7 ! I I I ' [.I I , t·. r·. I I ! I I I i I I 1 I I Check Requests Expenses: Should a staff member anticipate a cost necessary to complete their job duties , staff member will: 1. Complete a Purchase Request Form, which is accessible by all staff via the shared drive under administration>general staff forms. . 2. The completed Purchase Request Form should be placed in the Executive Director's inbox for approval. 3. If approved, the Executive Director will mark that it is approved and place the Purchase Request Form in the Bills to be Paid folder . 4. If not approved, the Executive Director will return the Purchase Request Form to the Requester. Reimbursement for Expenses paid for by staff: Should a staff member pay for an expense prior to approval, the staff member will: 1. Complete purchase Request Form 2. Attach a copy of purchase receipt to the form 3. Place in Executive Director's inbox 4 . If approved, the Executive Director will mark that it is approved and place the Purchase Request Form (reimbursement) in the Bills to be Paid folder. 5. If not approved , the Executive Director will return the Purchase Request Form to the Requester. Note: All expenses over $10 must be pre-approved by the Executive Director. Expenses not pre- approved may become the expense of the expender. Loan Check request: When a loan application has been reviewed and approved, the loan advocate will: 1. Complete a Loan Check Request form, which can be found on the shared drive under Lending/Loan Request 2 . Place the Loan Check Request form in the Executive Director's inbox. 3 . The Executive Director will write the check out of the appropriate loan account and record the number of the check and the account on the Loan Check Request form . 4. The Executiv e Director (or her staff) will place the Loan Check Request form in the Bank Account b ook . 5. Th e Executive Director will give the check to the loan advocate b efore the loan closing date . COLLECTION PROCEDURES: The importance of communication is explained to each client at the time the loan is closed. The client leaves with the understanding that MBD wants to see them succeed in every way and can be a great resource in providing assistance and guidance when they are faced with challenging times along the way. They also understand that the key to accessing MBD as a resource is to provide communication on a regular basis in bad times as well as in good . All clients will be contacted by phone at least once each quarter (even when payments are made on time). If a client's number is disconnected, staff will attempt to locate new contact information using any and all additional information provided by the client including alternate contact and site visits. STATUS ACTION 2 Days Overdue Reminder Phone Call 10 Days Overdue Letter sent outlining plans and timeline established in phone call , or demanding that communication is established. 25 Days Overdue Assuming no response to communication has been made or verbal commitments have not been met MBD staff makes a phone call and sends a letter informing client that dialogue must be established to avoid the involvement of legal council and/ or credit action. 30 Days Overdue Staff prepares "summary of communications" document for Executive Director 35 Days Overdue Overdue collection letter from attorney. 65 Days Overdue If contact has not been established and/ or agreement has been broken client is sent to collections following MBD Collections policy. 9 0 + Days Overdue Any b alance r egardless of any and all p rior rep aymen t agreem ents -All loan payments are applied to principal until debt is restructured or loan is brought current. (Clients shall not be aware of this payment application) Thereafter Case by case basis with guidance from collections advisors In times of temporary hardship staff can work with the client to provide an interest only period of up to three months . Any deferrals greater than three months or significant debt restructure will require senior staff involvement. 9 Account Transfer to Collections Agency 1. Staff completes Proposed Charge Off Memo for ED. 2. Staff meeting with ED (or DD if ED not available) for approval. 3. Update Down Home Loan to move client to collections designation. 4. Staff makes copies of all relevant loan file documents and communications. 5 . Transfer default account and paperwork to collections agency. The transfer paperwork includes copies of loan application. promissory notes , loan check. driver's license and all other related information. Process after loan is transferred to Collections Agency 1. Collection agency notifies account holder their account was transferred. The notification is done through a letter. The letter states the agency, amount of principal due , and gives the account holder several options: Remit payment in full to the collection agency Contact the office an arrange for settlement/payment options Dispute the charges in writing (given 30 days) 2. Account holder (by law) has 30 days to dispute the charge in writing. During the 30 days the collections agency will try and collect the debt through phone calls (no more then 3 calls a week) and/or letters . The account holder has the right to stop all contact by the collections agency by requesting a cease contact in writing. This will stop all contact besides a final le tter stating an action (either a payment plan or le gal action) that must be taken. 3. After 30 days a final notice is issued. This final notice warns the account holder that if immediate contact is not made the account will be reported to the credit bureau and legal action will commence. Legal Action (Steps taken if legal action is pursued) 1. Affidavit Signed by the organization. If default account holder has failed to contact the collections agency an affidavit signed by the original organization will allow the collections agency to pursue legal action against the account holder. 2 . Papers are served. The default account holder will be served with papers requiring them to appear in court. Legally there must be a ten day window between the time the account holder is served and the court date. The collection agency pays the court costs ($81) up front and adds that cost to the total being asked for. 3. 10 Day Window. The account holder can still pay off the account and the harges will b dropp d . 4 . Court Date. If th a ount holder has mad no progr ss toward payin the d bt th y ,vill app ar in ourt. The a count holder will b r ponsibl to list all finan ial a t in th ir po ion. If th y do not how up for th tr court dat or do not disclose all fmancial assets they can be arrested. They can settle the debt up until the day of court without legal ramifications . 5 . Judgment. If the charge is a legitimate debt and can be proved (usually through a promissory note) the judge will issue a judgment allowing the agency to garnish the wages of the account holder. The judge does not have anything to do with a payment agreement. Important Notes The collection attorney MBD uses is: Bloom , Murr & Accomazzo , PC Marty Bloom 410 17th Street, Suite 2400 Denver, CO 80202-4436 303-534-2277 mbloom@bmalaw.com 1. If anyone is interested in knowing more about the Colorado Fair Debt Collection Practices Act please visit www.ago.state.co.us/cab.htm. 2 . It is illegal for the organization io make arrangements or collect any money from the default account once it has been transferred to collections. This is due to a law that prohibits two organizations from collecting on the same debt. 11 • li ' I ' . I : : j : I i l MEMORANDUM TO: THROUGH: FROM: DATE: SUBJECT: Council Member Bob Mccaslin City Manager Gary Sears Sue Carlton Bradshaw, Exec~ Assistant May 21, 2007 Colorado Municipal League Conference The Colorado Municipal League Conference will be held in Snowmass Village from June 26 to June 29, 2007. Listed below are anticipated expenses while attending the Conference. Registration $165 (from Council Account) Lodging (Room w/Woodward) 180 Me~s 280 Mileage (Travel w/Woodward) 100 (from personal/Discretionary) Total tzgs If you need additional information, please let me know. Thanks. -·---... MEMORANDUM TO: THROUGH: FROM: DATE: SUBJECT: Mayor Pro Tern Jim Woodward City Manager Gary Sears Sue Carlton Bradshaw, Exec~Assistant May 21, 2007 Colorado Municipal League Conference The Colorado Municipal League Conference will be held in Snowmass Village from June 26 to June 29, 2007. Listed below are anticipated expenses while attending the Conference. Registration $165 (from Council Account) Lodging (Room w /Mccaslin) 180 Meals 280 Mileage (Travel w /Mccaslin) 100 (from personal/Discretionary) Total ~ If you need additional information, please let me know. T hanks.