HomeMy WebLinkAbout2006-05-15 (Regular) Meeting Agenda Packet----
Ordinance
Resolution
Regular City Council Meeting
May 15, 2006
1 . Call to Order
ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
Regular Session
May 15, 2006
The regular meeting of the Englewood City Council was called to order by Mayor Wolosyn at 7:32 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:
Counc il Members Tomasso , Moore , Barrentine , Oakley , Mccaslin ,
Woodward , Wolosyn
None
A quorum was present.
Also present: City Manager Sears
City Attorney Brotzman
Deputy City Manager Flaherty
City Clerk Ellis
Director Olson , Safety Services
Mun ic ipal Court Adm in istrator Wolfe
Director Kahm , Publ ic Works
Econom ic Development Coord inator Holl ingsworth , Community Development
Manager of Adm inistration Bock , Utilities
Sen ior Planner Langon , Commun ity Development
Director Gryglewicz , Finance and Administrat ive Service
Director B lack , Parks and Recreati on
Open Space Ma nag e r Lee, Parks and Recreation
Police Commander Sanchez , Safety Services
Fire Division Operations Chief Pattarozzi , Safety Services
5 . Consideration of M inutes of Previous Sess ion
(a) COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE THE
MINUTES OF THE REGULAR CITY COUNCIL MEETING OF MAY 1, 2006 .
Mayor Wolosyn asked if there was any discussion . There was none .
Vote res ults:
Mot ion carr ied .
Ayes : Council Members Barrentine , Mccaslin , Moore , Wolosyn , W oodward ,
Tomasso , Oakley
Nays : None
6 . Recognition of Scheduled Publlc Comment
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May 15, 2006
Page2
(a) Mike Pattarozzi said I am the Operations Chief for the Fire Division and I have the
honor tonight to present to you Mr. David Twigg. On April 5th of this year , the Fire Division was dispatched to a
possible structure fire in the 3800 block of South Logan . When our people arrived they found that a mystery
man had walked in the house and placed the lid of a barbecue grill on top of the oil and grease that was burning
on the stove top and then this person disappeared. Some more investigation found that Mr. Twigg, who is a
security guard at Flood Middle School , was walking down the alley, saw the smoke, heard a smoke alarm, saw
the smoke coming from the house, walked up to the back door, yelled "is anybody in there?" Residents who
had evacuated the house to the front yard, yelled "we are all out and everyone is safe" ... he looked around and
using his head, saw the lid to a smoker grill, picked it up and walked in the house and placed it over the fire,
containing it until our people could come in and finish the job. It is the opinion of the people who were first in,
that if Mr. Twigg had not done this that the fire would have extended to the cabinets in the kitchen and fully
involved the kitchen and possibly extended into the rest of the house. So , Mr. Twigg , if you would come forward
please. Chief Pattarozzi said on behalf of the Department of Safety Services , we would like to thank you for
your actions on that day and present you with this Certification of Appreciation . There was applause.
Mayor Wolosyn said I would like to also thank you, on behalf of Council, for helping make Englewood a safer
place. Thank you.
Mr. Twigg said I'm just glad I was there to help.
Council Member Barrentine said as we have heard on the news about a lot of firefighters who have been injured
lately trying to contain small house fires, you never know who else you might have saved. We apprec iate that
you took that risk .
(b) Brian Taylor , President of the Englewood Police Benefit Association , was scheduled to
address City Council regarding upcoming contract negotiations. Mayor Wolosyn said the City received notice
that he would not be here tonight.
(c) Mayor Wolosyn said Tom Mansfield and Mary Kay Mansfield are here to address City
Council regarding drainage problems caused by movement of the road in front of 3345 South Platte River Drive .
Mr. Mansfield said I own a property at 3345 South Platte River Drive and the reason that I have asked to
address the Council tonight is that we have spent the last two months, basically, trying to get information on a
project that intends to move the road in front of our property. I think the easiest way to give you what my
problem is, is to read the letter that I wrote to the Community Development Department on March 27th ... almost
7 weeks ago. I addressed it to Mr . Robert Simpson . It says: Dear Mr. Simpson , in 1976 I purchased a property
at 3345 South Platte River Drive . This property is located in the City of Sheridan , Colorado . At this time the
pavement on Platte River Drive stopped north of the property line of 3333 South Platte River Drive. During this
time we contacted Englewood about paving the road . We were informed that the road in front of our property
belonged to the City of Sheridan . When we contacted the City of Sheridan, we were informed that they did not
have sufficient funds to pave the road . The road remained dirt for several years . When it was finally paved the
road was crested, so that rain water and snow runoff drained into our property . The shoulder of the road
deteriorated as a result of improper drainage systems. This caused severe problems for us and our business,
as UPS and freight delivery trucks were constantly getting stuck trying to get from the road to our property.
Finally about 8 years ago, I contacted the City of Sheridan and asked if we could pave the distance between our
property and the road, to stabilize the shoulder and allow access to our parking lot. After receiving the blessing
of the City of Sheridan, we paved this area . This paving, in fact, has maintained the integrity of the road since
we completed the pavement, but did not solve the drainage problems caused by the original road grade. The
City of Englewood has not maintained this road from 3333 South Platte River Drive to approximately the cross
street of Girard . It isn't even plowed in the winter. I sent them pictures which show the drainage problems , pot
holes and things that exist in this road in front of my property . It comes to our attention that the City of
Englewood is going to install another walking path next to the existing path on Platte River Drive . When they do
this , they intend to move the road to the west. On March 8 , 2006 , I met with Mark Graham of the City of
Englewood, Community Development Department , to try to find out what impact this project would have on my
bus iness and property . To describe this meeting as adversarial would be an understatement. I basically was
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May 15, 2006
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informed that the pavement and sign we paid for and our employees were trespassing on the right-of-way of the
City of Englewood. Since I did not agree to this project , it was demanded that I leave the offices of Englewood
and if I did not leave , I would be escorted from the property . When I inquired as to the reimbursement for the
pavement that we provided , which stabilized the road bed, how we were going to access our property during the
project and if Englewood replaced the road ... repairing the deteriorating pavement and proper ground water
drainage facilities ... I was told it was not in the budget. Is the road going to be moved and another dirt shoulder
installed or is the pavement going to remain to the new road? These were my questions . Englewood
Community Development led my wife and me to believe that all communities, throughout which this path ran ,
were participating in this project and Englewood had to participate to be proactive. In fact, we understand the
City of Sheridan is not going to participate in this project and has not authorized this project beyond the road of
Oxford. The City of Sheridan is presently proposing a Special Improvement District to provide storm water
drains and improve roads to comply with current EPA requirements . As owners, we would participate in the
funding of this project. We cannot, however, participate if the road supplying access to our property is not going
to be properly built, because it belongs to the City of Englewood . We herewith formally request Englewood to
stop this trail project, and movement of the road , until proper road drainage pavement and design meets today's
environmental and safety standards. The enclosed pictures emphasize our concerns. As I said, I sent this
seven weeks ago as a registered letter and two weeks ago, I finally had to call Mr. Simpson and ask him if he
could give me any answers to any of my questions and was told, no, he had to discuss this with the City
Attorney and that he would get back to me on Thursday ... a week and a half ago. I have never heard from
anybody again. That is why we are here. We are trying to find out how we sit on this . In discussing this with
Sheridan , if we pass this special bond issue of theirs, they are not going to do anything for ground water
drainage in my area , they are not going to do anything about curbs and gutters, because you guys own the
street. There are only two blocks of this little street that is owned by Englewood and the people who own
property on the other side are in Sheridan . So , we are kind of stuck in limbo here. And so all I have asked is if
you are going to move the road, will you put in gutters and will you make it so that the drainage problems are
solved? I can't even get an answer as to when you are going to do it , what impact it is going to have on my
property ... I have a business that I run there. We have to have access ... trucks in and out of there and I can 't get
any answers, so that is why I came and asked to talk to you guys.
Mayor Wolosyn said thank you and I will make sure that Community Development gets in touch with you and
brings you up to date on the status of some of the particulars that you just mentioned . Mr. Mansfield said I am
also a contractor and providing the boilers for your Littleton/Englewood sewage treatment plant over here and
have serviced you guys for about thirty years . If I bid something in the City of Englewood , I have to bring it up to
today's codes and standards and that is my question ... when you move this road, don't you have to bring it up to
today's standards? Mayor Wolosyn said you will be contacted , thank you . Mr. Mansfield said thank you .
7 . Recognition of Unscheduled Public Comment
(a) Doug Cohn, 3051 South Marion Street , said I wanted to talk to you for just a few minutes about
Positively Englewood and the golf tournament that is coming up in about three weeks . You have in your packet
tonight the little green thing and a background information sheet on Positively Englewood . My compatriot here
will be talking to you in a couple of minutes about another part. Positively Englewood is a combination of
citizens and business guys and I guess you would call us a charitable group . We are interested in providing
scholarships for people in the Recreation Department who have a need and the golf tournament is the main
fundraiser that we have for the year . As we were talking about the golf tournament, I got to thinking, which
department in the City could field the best golf team and would have the boasting rights for the whole summer?
I would like to challenge you all to think about putting together a team of golfing folks and come and join us on
Monday, June 12'h and have some fun and help us with our project of helping kids in the Recreation
Department. Thank you .
Mayor Wolosyn said thank you Doug .
(b) Robert Maes , 3332 South Sherman Street, said I am going to quickly read through a letter we
received from Gary Hultberg , the Manager of Recreation , "Dear Members of the Board , I am pleased to report to
you the final 2005 Recreat ion scholarship statistics . Fifty-two indi vidual scholarships were awarded between
June 201
h and December 31 81 2005 . The total va lue of the scholarships was $2,350.00 , wh ich is an average of
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May 15, 2006
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$45.00 per award. These deserving individuals may not have had the opportunity to participate in recreational
programs if it wasn't for the volunteer efforts of Positively Englewood. I have experienced first hand the benefit
scholarship support has had on my Englewood families . On behalf of the recipients, I would like to thank
Positively Englewood and your sponsors for choosing Englewood Parks and Recreation Scholarship Fund as
your golf tournament beneficiary ." Thanks again for your attention.
(c) Melody Ramsey said I live in Denver now, at 1535 South Hazel Court. I have become affiliated,
kind of peripherally, with the Positively Englewood people and I want to let you know that it is a great bunch of
folks. And the reason I am affiliated with them ... what appealed to me ... as I was a poor kid growing up in
Englewood, and it just really resonated that they are helping kids, giving scholarships so that they have
recreational opportunities. So, I wanted to reiterate Doug's challenge to see how many of the folks here on the
City Council could either field golfers or sponsor holes or demonstrate what, for me, when I was a kid ... about a
hundred years ago ... was just a really great City spirit. We are also working on some other projects later on to
have Englewood Days. And so , I just thought it was a great thing ... it was like coming home for me. Thank you
for your attention and time.
8 . Communications, Proclamations and Appointments
(a) A proclamation declaring the week of May 21 through May 27, 2006 as National Public Works
Week was considered.
COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION
DECLARING THE WEEK OF MAY 21 THROUGH MAY 27, 2006 AS NATIONAL PUBLIC WORKS WEEK.
Mayor Wolosyn asked if there was any discussion . There was none .
Mayor Wolosyn said I might add that I just picked up this book that has just been published about Public Works
in New York City. The whole maze of systems that come together under the rubric of Public Works , to keep a
city going ... they do deserve a proclamation for excellence .
Vote results:
Motion carried .
Ayes: Council Members Barrentine, Mccaslin, Moore, Wolosyn, Woodward,
Tomasso, Oakley
Nays : None
Mayor Wolosyn asked if there was anyone here to accept the proclamation .
Mr. Kahm said Mayor, if I could, as the Public Works Director. I thank you for recognizing National Public Works
week . We are fortunate to have so many qualified and dedicated folks working for Public Works . Accepting on
behalf of the Department and the individual divisions and their employees, I have Pat White of the Servicenter
Division and the garage, Jim Kavinsky runs the Servicenter and Building Maintenance, Ladd Vostry our Traffic
Engineer, Dave Henderson our Engineering and Capital Projects Administrator and Del Montgomery our Streets
Administrator. I would also like to point out...when talking about service to the City ... Del Montgomery , on July
51h, will celebrate his so'h year in Public Works ... in serving the City of Englewood. There was applause . Thank
you .
Mayor Wolosyn said thank you very much .
Council Member Woodward said Rick, I think if you add up all the ages or all their time spent in service to the
City by these folks, that is a lot of years dedicated to the City of Englewood and you are certainly deserving of
the acknowledgement.
Council Member Barrentine said thanks for pointing out that it is also a lot of team work in your department, that
makes this happen and why we have an exemplary department in Public Works . Thank you .
Englewood City Council
May 15, 2006
Pages
Director Kahm said also there are some other Public Works folks out here . Please stand up and take a bow .
There was applause .
9 . Consent Agenda
COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA
ITEMS 9 (a) (I), (II), 9 (b) (I), (II), (Ill), (Iv), (v), (vi), (vii) and 9 (c) (I), (II), (Ill), (Iv), (v).
(a) Approval of Ordinances on First Reading
(i) COUNCIL BILL NO . 17 , INTRODUCED BY COUNCIL MEMBER WOODWARD
A BILL FOR AN ORDINANCE AMENDING TITLE 1, CHAPTERS 4 AND 7, OF THE ENGLEWOOD
MUNICIPAL CODE 2000 PERTAINING TO COSTS AND PENALTIES IN MUNICIPAL COURT .
(ii) COUNCIL BILL NO . 18 , INTRODUCED BY COUNCIL MEMBER WOODWARD
A BILL FOR AN ORDINANCE AMENDING TITLE 7, CHAPTER 68 , SECTION 11 , OF THE ENGLEWOOD
MUNICIPAL CODE 2000, PERTAINING TO POLICE AND FIRE ALARM SYSTEM REPORTS .
(b) Approval of Ordinances on Second Reading
(i) ORDINANCE NO . 7 , SERIES OF 2006 (COUNCIL BILL NO . 8 , INTRODUCED BY
COUNCIL MEMBER WOODWARD)
AN ORDINANCE AMENDING TITLE 1, CHAPTER 8 , SECTION 4 , OF THE ENGLEWOOD MUNICIPAL CODE
2000, WHICH PERTAINS TO ELECTION RETURNS/CANVASSING .
(i i) ORDINANCE NO . 8 , SERIES OF 2006 (COUNCIL BILL NO . 9 , INTRODUCED BY
COUNCIL MEMBER WOODWARD)
AN ORDINANCE AMENDING TITLE 1, CHAPTER 8 , OF THE ENGLEWOOD MUNICIPAL CODE 2000 , BY
THE ADDITION OF A NEW SECTION 7 ENTITLED CONTRIBUTIONS.
(iii) ORDINANCE NO. 9 , SERIES OF 2006 (COUNCIL BILL NO . 10 , INTRODUCED BY
COUNCIL MEMBER WOODWARD )
AN ORDINANC E AMENDING T IT LE 7, CHAPT ER 1 A , SECT ION 4 , O F T HE ENGL EWOOD MUNICIPA L
COD E 2000.
(iv) ORDINANCE NO . 10 , SERIES OF 2006 (COUNCIL BILL NO . 11 , INTRODUCED BY
COUNCIL ME MBER TOMASSO)
AN ORD INA NCE AUT HORIZIN G THE REDEMPTI ON AND S A LE OF A HOUSI NG REH ABILITATION
PROP ERTY LO C AT ED AT 3030 SOU T H SH ERMAN ST REET IN T HE CIT Y O F ENGLEW OOD , COLORADO .
(v) O RDINAN CE NO. 11, SERIES OF 2006 (COU NCIL BILL NO . 12, INTRODUCED BY
COUN CIL ME MBER TO MA SSO)
A N ORDI NANCE APPROV IN G AN D AUTHORIZI NG THE EXECUTION OF THREE INTERGOVER NM ENT AL
SU BGR AN TEE AGREEMENTS (CDBG) FO R THE YEAR 2006 BETWEEN THE ARAPAHOE BOARD OF
COU NTY CO MMISSIONERS A ND THE CITY OF ENGLEWOOD , COLORADO.
(vi) ORDINANCE NO . 12 , SERIES OF 2006 (COUNCIL BILL NO . 13, INTRODUCED BY
COUNCIL MEMBER TOMASSO)
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May 15, 2006
Page6
AN ORDINANCE AUTHORIZING THE SALE OF A SINGLE FAMILY RESIDENCE AT 2350 SOUTH ZUNI
STREET PURSUANT TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF
ENGLEWOOD AND ARAPAHOE COMMUNITY COLLEGE/AREA CAREER AND TECHNICAL SCHOOL.
(vii) ORDINANCE NO . 13, SERIES OF 2006 (COUNCIL BILL NO . 14, INTRODUCED BY
COUNCIL MEMBER TOMASSO)
AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF A THREE YEAR
INTERGOVERNMENTAL COOPERATIVE AGREEMENT FOR THE ARAPAHOE COUNTY COMMUNITY
DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP PROGRAMS FOR PROGRAM
GRANT YEARS 2007 THROUGH 2009 BETWEEN THE ARAPAHOE BOARD OF COUNTY
COMMISSIONERS AND THE CITY OF ENGLEWOOD, COLORADO.
(c) Resolutions and Motions
(i) To waive the banner permit fee for the 2006 Relay for Life event scheduled for June
(ii) To approve June 3, 2006 and September 9, 2006 as the dates for this year's citywide
public sidewalk sales events .
(iii) The purchase of a new sewer line cleaning/vacuuming machine (vactor truck) from
Williams Equipment , in the amount of $149 ,600 .00 .
(iv) The purchase of water meters and yokes from National Meter and Automation , Inc., in
the amount of $51 ,3 31.40 .
(v) Contract with National Metering Services , Inc. for a large water meter installation in the
amount of $70,000.00 to $74,000 .00.
Vote results:
Motion carried .
Ayes : Council Members Barrentine , Mccaslin , Moore, Wolosyn, Woodward ,
Tomasso, Oakley
Nays : None
10. Public Hearing Items
No public hearing was scheduled before Council.
11 . Ordinances, Resolution and Motions
(a) Approval of Ordinances on First Reading
(i) Senior Planner Langon presented a recommendation from the Community
Development Department to adopt a bill for an ordinance approving the South Pennsylvania Street Senior
Housing Planned Unit Development (PUD) located at South Pennsylvania Street and Highway 285 in the City of
Englewood . Staff also requests that Council set a Public Hearing for June 5, 2006 to gather input on this issue .
She said I am here tonight to recommend that Council approve Council Bill No . 19 on first reading and set a
Public Hearing on June 5, 2006 to consider public testimony on a request by the Englewood Housing Authority
to rezone a .8 acre site at South Pennsylvania Street and US Highway 285 to Planned Unit Development (PUD)
to allow construction of a 62 un it residential building des igned for age and income qualified seniors . The PUD is
necessary to allow modifications to the present MU-R-3-B zoning that would increase the number of residential
units , decrease building setbacks and allow , only on the western parcel of this site , MU-B-1 commercial uses . If
Council has any questions. I would be happy to address them .
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May 15, 2006
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Mayor Wolosyn asked if there were any questions. There were none.
COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a)
(1)-COUNCIL BILL N0.19 AND TO SET A PUBLIC HEARING FOR JUNE 5, 2006 TO GATHER INPUT ON
THIS ISSUE.
COUNCIL BILL NO . 19, INTRODUCED BY COUNCIL MEMBER WOODWARD
A BILL FOR AN ORDINANCE APPROVING THE SOUTH PENNSYLVANIA STREET SENIOR HOUSING
PLANNED UNIT DEVELOPMENT (PUD) LOCATED AT SOUTH PENNSYLVANIA STREET AND HIGHWAY
285 , IN THE CITY OF ENGLEWOOD, COLORADO.
Mayor Wolosyn asked if there was any discussion .
Council Member Woodward said I just want to say that being the liaison for the Englewood Housing Authority
that I am, and my fellow Board members are , really excited about getting this moving forward and I think it is
something that we are really needing in Englewood and I am really pleased that it has moved forward as fast as
it has. Thank you.
Vote results:
Motion carried .
Ayes: Council Members Barrentine, Mccaslin, Moore, Wolosyn, Woodward,
Tomasso, Oakley
Nays: None
(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 approving a Resolution authorizing a transfer of funds and a supplemental appropriation of
funds to the 2006 Budget for additional expenditures related to the Water Quality Pond at the Englewood Off.
Leash Dog Park . He said in the previous Study Session this topic was discussed and the amount was reduced
by $10,000 .00 . The transfer, by resolution , from the Capital Projects Fund from the Unreserved/Undesignated
Fund Balance is $12,787 .00 . The use of those funds is a transfer out to the Open Space Fund in the same
amount. In the Open Space Fund, the source of fund is the transfer in from the Capital Projects Fund of
$12,787.00 and the use of fund is for the Off-Leash Dog Park water quality pond for $12,787.00.
Mayor Wolosyn asked if there were any questions for Mr. Gryglewicz. There were none.
COUNCIL MEMBER MOORE MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (I)·
RESOLUTION NO . 49 AS AMENDED TO REDUCE THE SUPPLEMENTAL AND TRANSFER BY $10,000.00,
FROM $22 ,787.00 TO $12,787.00.
RESOLUTION NO . 49, SERIES OF 2006
A RESOLUTION APPROVING A TRANSFER OF FUNDS AND A SUPPLEMENTAL APPROPRIATION OF
FUNDS TO THE 2006 BUDGET FOR ADDITIONAL EXPENDITURES RELATED TO THE WATER QUALITY
POND AT THE ENGLEWOOD OFF -LEASH DOG PARK .
Mayor Wolosyn asked if there was any discussion .
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May 15, 2006
Page 8
Council Member Moore said I would just like to add that, as discussed in Study Session, hopefully, later in the
year we will have the opportunity to ... if there are excess Open Space Funds ... to use those funds for this
purpose, so that the project can move forward , now we are going to proceed with Capital Projects Funds
transfer.
Mayor Wolosyn asked if there was any more discussion. There was none .
Vote results:
Motion carried.
Ayes: Council Members Barrentine , Mccaslin, Moore , Wolosyn , Woodward ,
Tomasso , Oakley
Nays: None
Mayor Wolosyn said thank you Frank .
12 . General DlscuHlon
(a) Mayor's Choice
(i) Mayor Wolosyn said I would like to thank staff for their time and participation on
Saturday for the Budget Retreat and I hope you have what you need, but if you don 't, please come back to us .
(b) Council Members' Choice
(i) Council Member Barrentine :
1. She said I w1nt o t h. k the Positively Englewood group for their nice representation . I appreciate the
work that you are doing in t lte community. It is nice . I appreciate what Melody said . It is difficult , as a kid, to
see other people be able to do things, when even a few dollars stops you from participating. It was nice to get
an update on what that money does. I hope you get a good representation from the City golfers for your
tournament.
2. She said I wanted to thank Public Works . You certainly deserve that. I see a lot of you guys working
hard every single time I am around the City, whether it is the Recreation Center, or in this building or in the
Library, on the roads, the streets, just everything ... we 've got an exemplary department. More than that , your
responses ... and people are very complimentary of whatever department they are dealing with in Public Works .
I get a lot of compliments and people are very proud of that aspect of that department of the City , so ,
congratulations again .
3. She said I hope that we can get some response on the Community Development issue . Sometimes we
can't always give people the answer that they want, but we certainly do expect that they will be responded to .
So , hopefully, we will get some feedback on that.
(ii) Council Member Mccaslin said I would like to kind of piggy-back off of what Laurett said
about Public Works . I would like to thank two people that I have dealt with on numerous occasions, that is Ladd
Vostry and Del Montgomery. When issues have been brought up in front of them, they returned the calls, they
always had the answers and I really appreciate that. When I have to respond back to the citizens ... and I can
get back to them, even within hours, it is very appreciated, because I am the one that usually takes the heat. It
makes them feel good that we are listening and I appreciate your response . Thank you very much .
(iii) Council Member Moore said I would like to introduce Council Bill No . 16 . It is a bill to
accomplish two things ... one is to revisit the total number of dogs and cats in a household, as well as to clean-up
some language regarding the breeder's license. I would like to make two motions . The first one being just an
amendme nt to what is here . I have talked to City Attorney Brotzman about changing the language that says
"but in no case shall there be any combination of more than four animals " by just inserting the word "such" to
declare that we are not trying to cover things like goldfish or f inches or anything else.
Englewood City Council
May 15, 2006
Page9
COUNCIL MEMBER MOORE MOVED, AND IT WAS SECONDED, TO AMEND COUNCIL BILL NO. 16 BY
ADDING THE WORD "SUCH" BETWEEN (4) AND ANIMALS. TO READ " ... BUT IN NO CASE SHALL
THERE BE ANY COMBINATION OF MORE THAN FOUR l4) SUCH ANIMALS."
COUNCIL BILL NO. 16, INTRODUCED BY COUNCIL MEMBER MOORE
A BILL FOR AN ORDINANCE AMENDING TITLE 7, CHAPTER 1A, SECTION 4, OF THE ENGLEWOOD
MUNICIPAL CODE 2000 PERTAINING TO THE NUMBER OF ANIMALS MAINTAINED AT A HOUSEHOLD
OR PREMISES .
Mayor Wolosyn asked if there any further discussion .
Council Member Woodward said the only thing that I would mention, is that we had discussed having a Public
Hearing on this issue. Mr. Moore said that will come in a separate motion. Mr. Woodward said okay.
Vote results:
Motion carried.
Ayes: Council Members Barrentine, Mccaslin , Moore , Wolosyn , Woodward,
Tomasso, Oakley
Nays: None
COUNCIL MEMBER MOORE MOVED, AND IT WAS SECONDED, TO APPROVE COUNCIL BILL N0.16, AS
AMENDED AND TO SET A PUBLIC HEARING FOR JUNE 5, 2006 TO GATHER INPUT ON THIS ISSUE.
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
[Clerk's note: This was listed on the Agenda as item 12 (b) (i).]
(iv) Council Member Oakley said I could add a lot to what Laurett and Bob said about
Public Works , but I think everybody knows how I feel about that and to all you guys out there ... great job.
(v) Council Member Tomasso said I would also like to say that Public Works is really what
makes the City of Englewood look as good as it does and it's what keeps our citizens really happy and makes
our job, up here , a lot easier. Thank you .
(vi) Council Member Woodward :
1. He said I would like to request a Study Session to take a look at our ordinance regarding the placement
of sexual predators in our community. For example, the distances of where they can be placed to schools,
parks, bus stops, day care and those types of things . I would like to really conduct a good review of that in lieu
of what almost happened last week .
2. He said I would also like to review the motel ordinances within our City with regard to the definition of
what motels are, as opposed to boarding houses , apartment houses or any other type of living quarters. And I
would like to encourage the motels within our City to not only be looking at the profit motive, and how they are
making money, but also to be looking at and valuing what is in the best interest of our community as a whole .
3. He sa id I would like to thank Director Chr is Olson and City Manager Gary Sears and all the other people
that were involved last week with the issue that came up , with regard to the placement of a violent sexua l
Englewood City Councll
May 15, 2006
Page 10
predator in the City of Englewood across the street from a day care center and a block and a half away from a
middle school. That did not happen thanks to them. Thank you.
* ••• *
Mayor Wolosyn said I share your appreciation . I am sure all Council does for all the time that staff put into these
unexpected issues last week.
13. City Manager's Report
City Manager Sears did not have any matters to bring before Council.
14. City Attorney's Report
City Attorney Brotzman did not have any matters to bring before Council.
15. Adjournment
SYN MOVED TO ADJOURN. The meeting adjourned at 8:03 p.m.
1 .
2.
3.
4.
5.
AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
Monday, May 15, 2006
7:30 p.m.
Engle w ood Civic Center -Council Chambers
1 000 Engle w ood Parkway
Englewood, CO 80110
Call to order. fl-J;~
Invocation. ~
Pledge of Allegiance. ~
Roll Call. aJ/ '7 ~
Consid eration of Minutes of Pre v ious Session.
Minutes from the Regular City Council m ee ting of May 1, 2006. ~
6. Recognition of Sc heduled Public Comment. (Please limit your presentation to ten minutes.)
a. Chief Mike Pattarozzi wi ll present a Certificate of Appreciation to Englewood Citizen
David L. Tw igg.
·~~ .l?~ri aylor, President of the Englewood Police Benefit Association , w ill be present to
/11JrfKJ;'*Jtl/ ~ddress City Council regarding upco ming contract negotiations.
7.
8 .
c. Tom Mansfield and Mary Ka y Mansfield w ill be prese nt to ad dr ess City Council
regarding drainage problems caused by movement of the road in front of 3345 South
Platte River Drive.
Recog nit ion of Unschedu led Public Comment. (Pl ease limi t yo ur presentation to five minutes.
Time for uns c hed uled public co mment ma y be limited to 45 minutes and if limited shall be co{"fib!firssio)~11/let..y' #)G_a;i,ki) 'iOlr htt.eAJ,t-MIJr
Communications, Proclan~/ns, and Appointments.
;?/ a. Pro lamati o n dee ing the week of May 21 th rough May 27, .::!006 as National Publi c tra 'l-o W o rk s W e k.
Englewood City Council Agenda
May 15, 2006
Page 2
¥fJ. 'l-D ~ /J'M7xl.-t ~ &lf:MT /JGMJJlf ~
9. Consent Agenda Items. 9~ f</-i/ CJ/J-j -fllbl.. lJ!i t/~/#1/:Jl. l/
a. Approval of Ordinances on First Reading. ) .J
i. Council Bill No. 17 -Recommendation from the Municipal Court to adopt a Bill for
an Ordinance amending Sections of the Englewood Municipal Code 2000
pertaining to costs and penalties in Municipal Court. STAFF SOURCE: Tamara
Wolfe, Municipal Court Administrator.
ii. Council Bill No. 18 -Recommendation from Safety Services and the Municipal
Court to adopt a Bill for an Ordinance amending Section 7-6B-11 of the
Englewood Municipal Code 2000 pertaining to Police and Fire Alarm System
Reports. STAFF SOURCE: Tamara Wolfe, Municipal Court Administrator.
b . Approval of Ordinances on Second Reading.
i. Council Bill No. 8 amending Section 2-8-4 of the Englewood Municipal Code
pertaining to Election Returns /Canvassing.
ii. Council Bill No. 9 amending Section 1-8 of the Englewood Municipal Code by the
addition of a new Section 7 allowing City candidates to accept contributions from
corporations and labor organizations in accordance with the Colorado
Constitution .
iii . Council Bill No. 10 deleting outdated and confusing language in Section 7-1 A-4 of
the Englewood Municipal Code.
m-1 lo iv.
Council Bill No. 11 authorizing the redemption and sale of a housing rehabilitation
property located at 3030 South Sherman Street in Englewood w hich was acquired
through the foreclosure process as defined by Colorado State Statute .
V.
otdl-11
v ii
Council Bill No. 12 autho rizing the execution of three Intergovernme ntal
Subgrantee A gree m en ts (Co mmunity Development Bl ock Grant) for th e Year
2006 between the Arapahoe Board of County Commissioners and the City of
Engle w ood.
Council Bill No. 13 authorizing the sale of a si ngle famil y residence at 2 350 South
Zuni Street in Englewood pursuant to the Intergov ernmental Agreement betwe en
the City of Englewood and Arapahoe Community Co ll ege /Area Career and
Technical School.
Council Bill No. 14 authorizing the exe c ution of a three y ear Intergov ernmental
Cooperati v e Agreement for the Arapahoe County Community Development Blo c k
Grant and Home In ves tm ent Partnership programs for program grant years 200 7
thr o ugh 2009 betwee n th e Arapahoe Board of County Commissi o ners and the
City of En glewood.
Ple,1 no t<': If yo u have , di ab ilit and n ed auxil iary aid s or erv i e , pl ea
{3 03-7 6 2-2 ..J 0 7) ,II lea t 48 hour in advan e of when
wood
En glewi;.>od City C oun cil Age nda
May 15, 200 6
Page 3
c. Resolutions and Motions.
i. Recommendation from the Public Works Department to approv e, by Motion, ,
w ai v in g the banner permit f ee for the 2006 Rela y for Life ev ent scheduled fo r Jun e
161h and 1 71h. STAFF SOURCE: Rick Kahm, Director of Public Works.
ii. Re c ommendati o n from the Communi ty Deve lopment Department to approve, by
MotiO.JJ. Jun e 3, 2006 and Sept emb er 9, 2006 as the dates fo r this y ear 's c itywid e
public side w alk sales events . STAFF SOURCE: Darren Hollingsworth, Economic
Development Coordinator.
iii. Rec ommendation from the Utiliti es Department to approv e, by~otio n, the
purchase of a new se w er line cleanin g/vacuuming machine (v act o r truck). St aff
recommends aw arding the c ontract to the low est acce ptabl e bidd er, Willi ams
Equipment, in the amount of $149,60 0. STAFF SOURCE: John Bock, Utilities
Manager of Administration.
iv. Recomm endati o n from the Utiliti es D ep artm ent to ap p ro ve, by M o ti o n, the
purc hase of w ater meters and yo kes. Sta ff rec ommends aw arding th e co ntrac t to
th e lowes t acce ptabl e bidd er, Na ti o nal M eter and Auto m ati o n, In c., in th e am o unt
of $5 1,33 1.4 0 . STAFF SOURCE: John Bock, Utilities Manager of
Administration.
v. Recomm end ati o n fr o m th e Utiliti es D ep artm ent to approve, by Motio n, a lar ge
wa t e r m et er in stallati o n. Sta ff reco mm ends aw ardin g th e c ontrac t fo r labor and
pa rts , p er un it, t o th e lowest acce ptable bidd er, N at ional M et erin g Serv ice s, In c., in
th e am o unt of $7 0,000 t o $74,00 0 . STAFF SOURCE: John Bock, Utilities
Manager of Administration.
10. Pu b li c H ea rin g Item s. (No Publi c H ea ring Sc hedul ed.)
fr
11 . O rdi nan ce s, Reso lutions and Motions .
a. Approva l of Ordinan ce s on First Rea ding.
i. C o uncil Bill o. 19 -Recommendation from the Community De ve lopment
Department to adopt a Bill for an Ordinance approv ing the South Penns y lvania
j n O Stre et Senior Housing Pl an ned Unit Developmen t (PUD) located at Sou t h
ti' /-· Penns y lva nia Street and Highway 285 in the City of Eng lewood. Staff also f1.JL i 111 ,.. , y / J)(}, -requ es ts that C o un c il se t a Pub lic Hearing for June 5, 2006 to ga t her input on this . Jdt£-~O{)~ issue. STAFF SOURCE: Trici a Langon , Senior Planner. ~
'/ b . Approva l of Ordinance s on Second Reading.
fr
Ple,1~e 11 0 1e : If you h,we , di abili ty and need auxi li ary aid or ervi e , plea e no ti fy l he ily of Englewood
(3 03 -7 6 2--40 7) al I .1 t 48 hours in ad ance of when ervice ,He need d. Thank you .
Englewood City Council Agenda
May 15, 2006
Page 4
c. Resolutions and Motions.
i. Recommendation from the Finance and Administrative Services Department
approving a Resolution authorizing a transfer of funds and a supplemental
appropriation of funds to the 2006 Budget for additional expenditures related to
the Water Quality Pond at the Englewood Off-Leash Dog Park . STAFF SOURCE:
Frank Gryglewicz, Director of Finance and Administrative Services.~
/11.--0\;'<,.-T/',___~ THE RESOLUTION WAS AMENDED TO REDUCE THE SUPPLEMENTAL
AND TRANSFER BY $10,000.00 FROM $22 ,787 .00 TO $12,787 .00
12. General Discussion :
a. Mayor's Choice.
b. Council Members' Choice.
i.
f/lJUe.-HM-tJ.1.!?;
<J!I IJE-5;;.tY)';;
Council Bill No. 1 fl.amending Section 7-1 A-4 of the Englewood Municipal Code
2000 pertaining to the number of animals maintained at a household or premises.
It is requested that Council set a Public Hearing for June 5, 2006 to gather input
on this issue.~
APP 'D 7-0 MOORE MOVED TO AMEND THE COUNCIL BILL BY ADDING
THE WORD "SUCH" BETWEEN (4) AND ANIMALS . 13 . City Manager's Report.
TO READ " ... BUT IN NO CASE SHALL THERE BE ANY "
COMBINATION OF MORE THAN FOUR 14) SUCH ANIMALS .
14. City Attorney's Report.
15. Adjournment. !l:oJ-r--
note : If you have a di ability and need auxiliary aids or services, plea e notify the City of Englewood
( 03-762-2407) at I ast 48 hours in advan e of wh n services are n d d. Thank you.
PUBLIC COMMENT ROSTER
AGENDA ITEM 7
UNSCHEDULED PUBLIC COMMENT
DATE: MAY 15, 2006
~LEASE LIMIT YOUR PRESENTATION TO FIVE MINUTES I
PLEASE PRINT
NAME ADDRESS TOPIC
();, 5 . f' AJ:::: Ui? u,Jo . .> t)
(;oL..:F 'Tvv,'JJJ~
NAME ADDRESS TOPIC
ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
Regular Session
May 1, 2006
1 . Call to Order
The regular meeting of the Englewood City Council was called to order by Mayor Wolosyn at 7:35 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.
Also present:
Council Members Tomasso, Moore, Barrentine, Oakley, Mccaslin,
Woodward, Wolosyn
None
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 Long, Library
Director Ingle, Information Technology
Housing Finance Specialist Grimmett, Community Development
Police Commander Sanchez, Safety Services
Police Sergeant Condreay, Safety Services
Fire Division Operations Chief Pattarozzi , Safety Services
5 . Consideration of Minutes of Previous Session
•
(a) COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE THE
MINUTES OF THE REGULAR CITY COUNCIL MEETING OF APRIL 17, 2006.
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
6 . Recognition of Scheduled Public Comment
Englewood City Council
May 1, 2006
Page2
(a)
present.
Englewood res ident Kendall York was scheduled to speak on wind generato rs. He was not
7 . Recognition of Unscheduled Public Comment
There were no unscheduled visitors .
8 . Communications, Proclamations and Appointments
(a) An e-mail from Randia Laga announcing her res ignation from the Code Enforcement
Adv isory Committee was considered .
COUNCIL MEMBER BARRENTINE MOVED, AND IT WAS SECONDED, TO ACCEPT THE RESIGNATION
OF RANDIA LAGA FROM THE CODE ENFORCEMENT ADVISORY COMMITTEE.
Council Member Barrentine said I am very sorry, as she will be missed. She was an attorney and I really
appreciated her input. I am sorry she is not able to continue serving on the board.
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
(b) A proclamation declaring Judy Cain and the late Jim Cain as Englewood 's Citizens of
the Year for 2006 was considered .
COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION
DECLARING JUDY CAIN AND THE LATE JIM CAIN AS ENGLEWOOD'S CITIZENS OF THE YEAR FOR
2006.
Mayor Wolosyn asked if there was any discussion . There was none.
Vote results:
Motion carried .
Aye s: Counc il Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward ,
T omasso , Oakley
Nays: None
9 . Conse nt Ag e nda
COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA
ITEMS 9 (a) (I), (II), (Ill), 9 (b) (I) and 9 (c) (I), (II), (Ill), (Iv).
(a) Approval of Ordinances on First Reading
(i) COU NC IL BILL NO . 8, INTRODUCED BY COU NC IL MEMBER WOODW ARD
A BILL FOR AN ORDINA NCE AMENDING TITLE 1, CHAPTER 8, SECTION 4, OF THE ENGLEWOOD
MUNICIPAL CODE 2000, WHICH PERTAINS TO ELECTION RETURNS/C AN VASSING .
(ii) COUNCIL BILL NO . 9, INTRODUCED BY COUNCIL MEMBER WOODWARD
(
Englewood City Council
May 1, 2006
Page3
A BILL FOR AN ORDINANCE AMENDING TITLE 1, CHAPTER 8, OF THE ENGLEWOOD MUNICIPAL CODE
2000, BY THE ADDITION OF A NEW SECTION 7 ENTITLED CONTRIBUTIONS.
(iii) COUNCIL BILL NO. 10, INTRODUCED BY COUNCIL MEMBER WOODWARD
A BILL FOR AN ORDINANCE AMENDING TITLE 7, CHAPTER 1 A, SECTION 4, OF THE ENGLEWOOD
MUNICIPAL CODE 2000.
(b) Approval of Ordinances on Second Reading
(i) ORDINANCE NO. 6, SERIES OF 2006 (COUNCIL BILL NO. 6, INTRODUCED BY
COUNCIL MEMBER TOMASSO)
AN ORDINANCE AMENDING TITLE 5, CHAPTER 8, SECTION 3, SUBSECTION C, OF THE ENGLEWOOD
MUNICIPAL CODE 2000, WHICH PERTAINS TO REFLEXOLOGY EDUCATION REQUIREMENTS.
(c) Resolutions and Motions
(i) RESOLUTION NO. 44, SERIES OF 2006
A RESOLUTION APPROVING A SUPPLEMENTAL APPROPRIATION AND TRANSFER OF FUNDS TO THE
2006 BUDGET FOR CROSSWALK IMPROVEMENTS AT THE MALLEY CENTER.
(ii) RESOLUTION NO . 45, SERIES OF 2006
A RESOLUTION GRANTING AUTHORITY TO THE CITY CLERK'S OFFICE AND THE ENGLEWOOD
ELECTION COMMISSION TO PRINT IN THE FIELDS FOR CITY AND COUNTY INFORMATION ON THE
CITY OF ENGLEWOOD CANDIDATE NOMINATION PETITIONS BEFORE THEY ARE SIGNED.
(iii) RESOLUTION NO. 46, SERIES OF 2006
A RESOLUTION AUTHORIZING THE ENGLEWOOD PUBLIC LIBRARY TO IMPLEMENT THE "SUMMER
FOOD FOR FINES" PROGRAM FROM MONDAY, MAY 22, THROUGH SUNDAY, JUNE 4, 2006.
(iv) RESOLUTION NO. 47, SERIES OF 2006
A RESOLUTION AUTHORIZING AN INTEGRATED PROCUREMENT AGREEMENT WITH TELE-WORKS,
INC. OF BLACKSBURG, VIRGINIA FOR THE PURCHASE AND IMPLEMENTATION OF AN E-MAIL
SERVICES PLATFORM FOR WEB AND TELEPHONY-BASED ELECTRONIC SERVICES AS A NEGOTIATED
SOLE SOURCE INSTEAD OF USING THE COMPETITIVE BID PROCESS UNDER SECTION 116 (b) OF THE
HOME RULE CHARTER AND SECTION 4-1-3 OF THE ENGLEWOOD MUNICIPAL CODE 2000.
Vote results:
Motion carried .
Ayes : Council Members Barrentine , Mccaslin, Moore , Wolosyn , Woodward ,
Tomasso, Oakley
Nays: None
10. Public Hearing Items
No public hearing was scheduled before Council.
11 . Ordinances, Resolution and Motions
(a) Approval of Ordinances on First Reading
Englewood City Council
May 1, 2006
Page4
(i) Housing Finance Specialist Grimmett presented a recommendation from the
Community Development Department to adopt a bill for an ordinance for the redemption and subsequent sale of
3030 South Sherman Street acquired through the foreclosure process as defined by Colorado State Statute .
She said the first item that I have this evening is the acknowledgement of the redemption through foreclosure of
a property at 3030 South Sherman Street and then the subsequent approval for sale of that property. This is
one of many that we have had over the last year and a half that we have redeemed and then taken back into our
inventory. We will be fixing it up and putting it back out on to the market for sale . So, we are just requesting
approval and acknowledgement of that redemption and authorization to sell that property.
Mayor Wolosyn asked if there were any questions.
Council Member Mccaslin said unfortunately it is my neighbor. Does the City of Englewood come and clean it
up before they sell it. .. how does that process work?
Ms. Grimmett said, legally, it is ours and we will be going over there and taking control of the property. We will
begin to fix up the exterior, as well as the interior, so that we can get it back on the market and it will be , at least,
a clean property before it goes up for sale.
Mr. Mccaslin said how soon will that be ... what is the timeframe? Ms. Grimmett said, officially, we will be taking
it to Council, we have a 30 day reading, we have a second reading after this, but we will probably be going over
there within the next couple of weeks to start cleaning it up . Mr. Mccaslin said thank you .
Mayor Wolosyn asked if there were any other questions. There were none.
COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (i)
-COUNCIL BILL NO. 11.
COUNCIL BILL 11, INTRODUCED BY COUNCIL MEMBER TOMASSO
A BILL FOR AN ORDINANCE AUTHORIZING THE REDEMPTION AND SALE OF A HOUSING
REHABILITATION PROPERTY LOCATED AT 3030 SOUTH SHERMAN STREET IN THE CITY OF
ENGLEWOOD, COLORADO.
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
(ii) Housing Finance Specialist Grimmett presented a recommendation from the
Community Development Department to adopt a bill for an ordinance authorizing the execution of three
Intergovernmental Sub Grantee Agreements for the 2006 Arapahoe County Community Development Block
Grant Program between the Arapahoe Board of County Commissioners and the City of Englewood. She said
here again this is our annual proposal of contracts . Last fall Council approved our submission of application for
2006 Block Grant Funding . Those applications have been approved and the County now has issued the
intergovernmental agreement for the funding. Three projects were funded and they are listed in the
communication . We have $75,000 .00 for the Housing Rehabilitation Project, $33 ,788.00 for the House of
Hope 's Staffing Support Project and $60 ,000.00 that will go into the Homeowner Fix-up Program that is
providing $4 ,000.00 grants for the exterior front yard repairs for low income homeowners. Once this has been
executed and approved then funding should be released to us , hopefully, shortly after June 1st .
Mayor Wolosyn asked if there were any questions for Ms . Grimmett.
(.
(
Englewood City Councll
May 1, 2006
Pages
Mayor Wolosyn said I would like to say that this is an example of the impact that the Community Development
Block Grants have at the local level.
COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED , TO APPROVE AGENDA ITEM 11 (a)
(ii)-COUNCIL BILL NO. 12.
COUNCIL BILL 12 , INTRODUCED BY COUNCIL MEMBER TOMASSO
A BILL FOR AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF THREE
INTERGOVERNMENTAL SUBGRANTEE AGREEMENTS (CDBG) FOR THE YEAR 2006 BElWEEN THE
ARAPAHOE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF ENGLEWOOD , COLORADO.
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
(iii) Housing Finance Specialist Grimmett presented a recommendation from the
Community Development Department to adopt a bill for an ordinance authorizing the sale of 2350 South Zuni
Street in Englewood. She said we are requesting the sale of the property at 2350 South Zuni Street. This is the
project that we entered into a contract , almost a year ago , with the Arapahoe Community College ,
Arapahoe/Douglas Career and Technical School , which is the student trade projects where they will bu ild the
house at the beginning of their schoo l year in September, and then generally will complete it by May. So , with
the completion being scheduled for this month, we are requesting Council to approve the sale , which was the
original intent when we started the process a year ago . And as a rem inder , the Open House for complet ion is
next Wednesday, May 10th . Hopefully you will all be attending that as well.
Mayor Wolosyn asked if there were any questions.
Council Member Woodward sa id I am in real support of this program and what we are do ing here. My first
question is w ill we be listing the property with a realtor/broker? Ms. Grimmett said yes , we are in discussion with
the same realtor that has listed the foreclosed properties ... we will just add this to h is listing . Mr. Woodward said
okay. Regarding the status of our property that we had last year on West Wesley, under this program , has that
been sold? Ms . Grimmett said no , it has not. Mr. Woodward sa id is there much interest? Ms. Grimmett said
f rom what I'm hearing , there has been a lot of interest...there jus t have not been any offers . We have lowe red
th e pri ce a litt le b it. W e are hop in g that m aybe w ith thi s be ing a more tim ely ti me of yea r, with peopl e loo kin g
that we might get some offers ... not only on that property, but the other ones that we have as we ll. So, we will
just see what happens as we get into the summer, but it has not been sold. Mr. Woodward said that kind of
surprises me, because it is such a neat house. I was at the Open House last year an d I met, I think it was a
Junior from Sheridan High School who was the architect...it was great.
Mayor Wolosyn asked if there were any ot her qu est io ns. There were none.
COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED , TO APPROVE AGENDA ITEM 11 (a)
(iii) -COUNCIL BILL NO . 13.
COUNCIL BILL 13, INTRODUCED BY COUNCIL ME MBER TOMASSO
A BILL FOR AN ORDINANCE AUTHORIZING THE SALE OF A SINGLE FAM ILY RESID ENCE AT 2350
SOUTH ZUNI STREET PURSUANT TO THE INTERGOVERNMENTAL AGREE M E NT BETWEEN THE CITY
OF ENGLEWOOD AND ARAPAHOE COMMUNITY COLLEGE/AREA CAREER AND TECHNICAL SCHOOL.
Mayor Wolosyn asked if there was any further discussion . There was none.
Englewood City Council
May 1, 2006
Page&
Vote results:
Mot ion carried.
Ayes: Council Members Barrentine , Mccaslin, Moore , Wolosyn, Woodward ,
Tomasso, Oakley
Nays: None
(iv) Housing Finance Spec ialist Grimmett presented a recommendation from the
Community Development Department to adopt a bill for an ordinance authorizing the execution of a three-year
Intergovernmental Cooperation Agreement between Arapahoe County and the City of Englewood relating to the
conduct of the Community Development Block Grant and HOME Investment Partnership programs for program
grant years 2007 through 2009 . She said we enter into an agreement with Arapahoe County in three year
cycles .. .it is a cooperation agreement. HUD requires that this be done a year in advance , so that they can
calculate the appropriate population numbers to base the funding that the County rece ives . As part of this
participation, we are pretty much guaranteed a piece of this CDBG funding , even though we have to apply
annually. HOME funds are also calculated based on the same population. Those monies are applied
separately by each entity and there is no guarantee of funding for that, although we have received funding for
the last two consecutive years for the Housing Rehabilitation Program. So it is very beneficial. In past years ,
the County had just extended this three year agreement by doing an amendment to the one that was approved
in 1994. The reason this year was that they needed a new agreement to update some of the additional
requirements that HUD had in place, so we need to do another intergovernmental agreement in order to
participate over the next three year cycle for 2007, 2008 and 2009 .
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. 14.
COUNCIL BILL 14, INTRODUCED BY COUNCIL MEMBER TOMASSO
A BILL FOR AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF A THREE YEAR
INTERGOVERNMENTAL COOPERATIVE AGREEMENT FOR THE ARAPAHOE COUNTY COMMUNITY
DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP PROGRAMS FOR PROGRAM
GRANT YEARS 2007 THROUGH 2009 BETWEEN THE ARAPAHOE BOARD OF COUNTY
COMMISSIONERS AND THE CITY OF ENGLEWOOD , COLORADO .
Mayor Wolosyn asked if there was any d iscuss ion . T here was none .
Vote results :
Motion carried .
Ayes : Council Members Barrentine, Mccaslin , Moore, Wolosyn, Woodward ,
Tomasso, Oakley
Nays : None
(v) Housing Finance Specialist Grimmett presented a rec o mmendation from the
Community Development Department to approve a bill for an ordinance authorizing the executio n of an
Intergovernmental Agreement with Arapahoe Community College/Area Career and Technical School for the
2006/2007 school year to build one single-family residence at 2360 South Zuni Street in Englewood. She said
again we are requesting to enter into an intergovernmental agreement so that we can continue the Student Build
Program with the Career and Technical School. Next years project is scheduled to be next door to the
completed project that we have this year and that will be at 2360 South Zuni Street. We will begin later in
August , assuming this is approved, so that we will have the foundation in place. We are working right now on
finalizing the floor plan that the students have prepared . For some reason it was done a little bit later this year
than in the past , so we are not exactly sure what the floor plan will look like , but I think we are looking at a three
bedroom , two story and two and a half bath home , that w ill be on the site next door to the one we have now .
So , we j ust need approval to continue the partnersh ip that we have had going for a number of years now.
Englewood City Council
May 1, 2006
Page7
Mayor Wolosyn asked if there were any questions for Ms . Grimmett. There were none.
COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a)
(v) -COUNCIL BILL NO. 15.
COUNCIL BILL 15, INTRODUCED BY COUNCIL MEMBER TOMASSO
A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN
ARAPAHOE COMMUNITY COLLEGE/AREA CAREER AND TECHNICAL SCHOOL AND THE CITY OF
ENGLEWOOD PERTAINING TO THE BUILDING OF A SINGLE FAMILY RESIDENCE AT 2360 SOUTH ZUNI
STREET, ENGLEWOOD, COLORADO .
Mayor Wolosyn asked if there was any discussion. There was none.
Vote results:
Ayes:
Nays :
Motion carried .
Council Members Barrentine, Mccaslin, Moore, Wolosyn, Woodward,
Tomasso, Oakley
None
(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
There were no additional resolutions or motions submitted for approval. (See Agenda Item 9 -Consent
Agenda.)
12. General Discussion
(a) Mayor's Choice
(i) Mayor Wolosyn said I know that the Library's Food for Fines Program was on the
Consent Agenda , but I do like to highlight it. I saw that it was in the Citizen and I think it is a fine thing that we
do every year. I like to read the Library Report because it is amazing how much we do receive in fine money
every month ... so it is a nice thing that we give to our community.
(ii) Mayor Wolosyn sa id I am going to be out of town on May 61
h during the Library
Volunteer acknowledgements and I regret missing that. I always go when I am in town .
(iii) Mayor Wolosyn said last Wednesday Council Member Oakley, Council Member
Tomasso, City Manager Sears and members of the Community Development Department and I attended the
DRCOG annual awards . Englewood won two awards , one for our catalyst program , with our signs ... our
partnership with the business community on signs ... and the other one was for the Art shuttle. We received third
pr ize , and I think all of us who went agreed that it is great to go and see what other cities are doing and , also , to
ju st to get out together on a different venue . Congratulations to Community Development for all their hard work ,
she said .
(b) Counc il Members' Choice
(i) Council Member Ba rrentine :
Englewood City Council
May 1, 2006
Pages
1. She said first, I want to thank Jennifer Conner for taking her time to come from her government class
and pick us as an example of what to watch here . So I hope you enjoyed it. I appreciate that more of an effort
is being made for young people to get involved ... it is a little less scary when you can come down and see what
we really do. Maybe a little bit more boring than you had anticipated, but hopefully a little less scary.
2. She said I wanted to say thank you to Janet. The ACTS program is really a very impressive program . I
went and saw the house last year. I just think it is a great partnership all the way around.
3. She said I wanted to ask ... l know Community Development has just had their plate full with the BID and
all of the different projects that are going on, but I did have some concerns from some people on Broadway and
just wanted to follow up on that , when they have a chance to get back to me on that report .
(ii) Council Member Mccaslin said I would like to attend the Colorado Municipal League
Conference up in Breckenridge from June 19th to the 241h . I have listed some expenses here and would like to
have you approve that for me.
COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE THE EXPENSES
FOR COUNCIL MEMBER McCASLIN TO ATTEND THE CML CONFERENCE IN BRECKENRIDGE.
Mayor Wolosyn said I should say that we have a budget for this and the total here is $1,092.00. We have a
budget , because it is really great for our Council people to go and meet with other Council people , plus CML
offers a venue of really great programs at every conference . I am glad to vote for Bob to attend.
Vote results :
Ayes :
Nays:
Abstain :
Motion carried.
Council Members Barrentine , Moore , Wo losyn , Woodward , Tomasso, Oakley
None
Council Member Mccaslin
Council Member Mccaslin said thank you .
(iii) Council Member Tomasso said I would like to congratulate the Englewood Police . Last
night they were looking for an individual who has been living in the gatehouse at General Iron . They contacted
the individual and he had all his possessions with him and some food and they allowed him to spend last night
as the last night in the gatehouse of General Iron , which was fortunate for the individual since it rained very
heavily last night. But, it was a really nice act of charity to let him stay for one last night.
(iv) Counc il Member Woodward:
1 . He said I would like to come back to the resolution that was provided for us for the Englewood Housing
Authority for the waiver of t he PUD fees in the approximate amount of $1,450.00 ... the application fee that we
discussed at our last Council meeting.
COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO.
48, SERIES OF 2006.
RESOLUT IO N NO. 48 , SER IES O F 2006
A RESOLUTIO N AU T HO RI ZIN G T HE EXE M PTION OF T HE ENGLEWOOD HOUS IN G AU TH O RITY F ROM
THE PUD APPLIC AT IO N AND DEVELOP MENT FEES FO R T HE REZO NI NG OF A SITE LOC A TED AT US
HIGHWAY 285 AND SOUTH PE NN SYLVANIA.
Mayo r Wolosyn asked if there was any discussion . There was none .
Vote results :
Ayes : Counc il Members Barrentine , Mccaslin, Moore , Wolosyn , Woodward ,
-
l
Englewood City Council
May 1, 2006
Page9
Tomasso , Oakley
Nays : None
Motion carried.
[Clerk's note : This was listed on the Agenda as Item (12 (b) (i)J
2 . He said I also would like to attend the CML Conference up in Breckenridge . I do have estimates that I
am passing on down to you , in the total amount of $1 ,223 .00 .
COUNCIL MEMBER OAKLEY MOVED, AND IT WAS SECONDED, TO APPROVE EXPENSES FOR
COUNCIL MEMBER WOODWARD TO ATTEND THE CML CONFERENCE IN BRECKENRIDGE.
Mayor Wolosyn asked if there was any discussion . There was none .
Vote results :
Ayes:
Nays:
Abstain :
Motion carried.
Council Members Barrentine, Mccaslin, Moore , Wolosyn, Tomasso , Oakley
None
Council Member Woodward
3 . He said I just want to mention that Olga and I attended the Englewood Unleashed fund raiser over at
the Malley Center on Saturday ... the chili cook-off . They had a number of commercial vendors there and I think
it was very successful. There was some very excellent chili there. But what they are doing is raising funds for
the off-leash dog park and they were selling pavers . I had asked Dan earlier about the agreement , to see if we
can't get that resolved and in the hands of Parks and Englewood Unleashed and get those pavers on order.
***'**
Council Member Barrent ine said I was going to ask after the meeting today about the Conference , because I
had checked out the times and I ended up having some free time , but since they are doing it and they were so
nice to have already done all these budgets ... ! will take Jim 's though, because his is a little higher ... l don 't know
the difference between the two, but apparently he is staying at a nicer place, not by much . Council Member
Woodward said I believe what it is , is that I am leaving on the evening before to participate in the golf
tournament...which , I personally pa id for the golf tournament...but I think it is the lodging, as it was explained to
me. Ms . Barrentine said then I will go with Bob McCaslin 's , because I was going to talk to him afterwards , but
since we are doing this now , if you don't m ind, I would like to go .
COUNCIL MEMBER McCASLIN MOVED, AND IT WAS SECONDED, TO APPROVE EXPENSES FOR
COUNCIL MEMBER BARRENTINE TO ATTEND THE CML CONFERENCE IN BRECKENRIDGE.
Mayor Wolosyn asked if there was any discussion . There was none.
Vote results:
Ayes :
Nays:
Absta in :
Motion ca rrie d .
13 . City Manager's Report
Council Mem bers Mccaslin, Moore, W olosyn, W oodward, T omasso, Oakley
None
Co uncil Membe r Barrenti ne
(a) City Manager Sears said we didn't get a chance to talk about the budget schedule, so if there is
any comment, let me know .
(b) City Manager Sears said just to let Council know again, Stu is in the hospital for hip su rgery . I
th in k he is doing okay . There are maybe a couple of complications that he has, but I think that things are going
well, but he will not be here for a period of time . Again, it is a scheduled hip replacement and we will keep
Englewood City Council
May 1, 2006
Page 10
Council informed on how he is doing. Mayor Wolosyn said he has had the surgery? Mr . Sears said yes, he has
had the surgery. He had the surgery last Monday evening. He wanted to let you know that.
Mayor Wolosyn said we could give Cathy Burrage a card . Mr. Sears said yes, Cathy Burrage in the Utility
Department.
Mr. Sears said again it is Dennis Stowe if you have an issue or Bill McCormick ... both are working through the
key issues there. We will keep you posted on how Stu is doing .
14. City Attorney's Report
City Attorney Brotzman did not have any matters to bring before Council.
15. Adjournment
LOSYN MOVED TO ADJOURN . The meeting adjourned at 8:01 p.m .
(
PROCLAMATION
WHEREAS, the American Public Works Association is sponsoring National Public
Works Week based on the theme, "Public Works: The Heart of Every Community",
in order to increase citizens' understanding of public works; and
WHEREAS, public works services provided in our community are an integral part of
our citizens' everyday lives; and
WHEREAS, in order to promote the awareness of the need for public works
professionals and the contributions they make to our health, safety, and comfort; and
WHEREAS, to encourage talented young people to prepare for careers in Public
Works and acquaint them with the challenges and opportunities in the public works field;
NOW THEREFORE, I, Olga Wolosyn, Mayor of the City of Englewood, Colorado,
hereby proclaim the week of May 21 -27, 2006 as:
NATIONAL PUBLIC WORKS WEEK
and urge all citizens of the City of Englewood, Colorado to use this week to visit their
local Public Works D epartment and better familiarize themselves with the important
safety information and services provided by these public servants.
GIVEN under my ha nd and seal this 15th day of May, 2006.
Olga Wolosyn , Mayor
Ba
COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
May 15, 2006 9 a i Amendments to Sections 1-4-1 and 1-7-5
of the EMC 2000 pertaining to General
Penalty arid Court Costs
Initiated By: Staff Source:
Municipal Court Tamara Wolfe, Court Administrator
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
City Council reviewed these proposed ordinance amendments at their April 10, 2006 Study
Session.
RECOMMENDED ACTION
The Municipal Court recommends Council approve a Bill for an Ordinance amending the maximum
General Penalty from $500 and 180 days in jail to $1,000 and 360 days in jail and amending the
Court Costs to read as : "no le ss than fifteen dollars ($15.00)".
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
These amendments will allow the Municipal Judge more flexibility in imposing sentences on specific
cases that merit a more aggressive penalty. In addition, these changes will allow Englewood
Municipal Court to be in alignment with most other metro area jurisdictions regarding court costs
and allowable maximum penalties.
FINANCIAL IMPACT
None.
LIST OF ATTACHMENTS
Bill fo r an Ordinance
ORDINAN E N
SERI E S OF 200 6
~--------..--iiili,;;a-=-= ..... --..-...... ____ _
BY AUTHORITY
COUNCIL BILL NO. 17
INTRODUCED BY COUNCIL
MEMBER -------
A BILL FOR
AN ORDINAN E. AM E NDING TITLE l, CHAPTERS 4 AND 7, OF THE ENGLEWOOD
MUNICIPAL CODE 2000 PERTAINING TO COSTS AND PENALTIES IN MUNICIPAL
COURT .
WH · R EA . th e pa ssage of this proposed Ordinance will allow the Englewood Municipal
Judge more fl e xibilit y in impo s ing sentences on sp ecific cases that me rit a more aggressive
penalty ; and
WH E REA • these amendments will allow the Englewood Municipal Court to be in
alignment with m ost other metro area jurisdictions regarding court co sts and allowable
maximum penaltie s;
N W , TH E R E FORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
E NG L EW OD, OLORADO, AS FOLLOWS :
Sec tio n J. The C ity C ouncil of the City of Englewood h e reby approves amending Title 1,
harter 4 , Secti o n I , of the Englewood Municipal Code 2000, which shall read a s follows :
1-4-1 : ,eneral Pen a lt y .
A . Fin e: /111pri so 11111 ent : It shall be unlawful for any person to violate , disobey , omit,
n e glec t, refuse or fail to comply with or r es ist th e enforc ement of any provision of thi s
o de or any secondary code adopted here in . Exc e pt as otherwi se specifically pro v id ed
fo r in thi s C ode, the v iolation of any pro v ision s of this Code or of any secondary code
adorted herein shall be puni shed by a fin e not exceeding five h1:11uirecl one thou sand
d o llars ($S00 .00 11.Q_QQ) or impris onment for a term not ex ceeding eRe h1:1Rclrecl eighty
1 r and s ixt (-l-8(} 3 60) days or by both suc h fin e and impri sonme nt. The
i mpos ition of on e penalty shall not excuse any vi olation nor p ermit it to continue.
nl ess o th e r w ise indi c ate d , a se pa rate o ffen se sha ll be d ee m ed comm itted upon each
day or port io n th e reof during or on which any violation of any provi sion of this Cod e
o r a ny seco nda ry code adopted h ere in occ urs or continue s .
B . o Ja il Sentence for Ju ve niles : No j ail sent enc e shall be impos ed upon pe rsons under
the age of eigh teen (18 ) years.
C. Trial By Ju,y for Ju ve niles: No child under the age of eighteen ( 18) years s hall be
entitled to a trial by jury for a violation of a municipal ordinance for which
imprisonment in jail is not a possible penalty; except that such a child is entitled to a
trial by jury for any offense which would be a Class I misdemeanor under a State
counterpart statute.
D . Every person convicted of a violation of any provision stated or adopted which is
designated as a "traffic infraction" and for which a penalty is paid or payable at the
"Traffic Violations Bureau" shall be punished by a penalty not exceeding one thou san d
dollars ($1 ,000 .00). There shall be no imprisonment for traffic infraction s.
Section 2 . The City Council of the City of Englewood hereby approves amending Title I ,
Chapter 7 , Section 5, of the Englewood Municipal Code 2000, which shall read as follows :
1-7-5: Court Costs.
A . Court, Jwy and Witness Costs: The Judge shall tax and collect as costs in every case
brought before him/her a fee of no less than fifteen dollars ($15 .00), and for a trial to a
jury the costs shall be forty-five dollars ($45.00). In addition thereto, each member of
a jury panel who shall attend the Municipal Court shall receive as compensation
therefor the sum of three dollars ($3.00), and each juror who shall attend the Municipal
Court shall be entitled to a juror's fee of six dollars ($6.00) per day or part of a day in
which said juror shall be in attendance . Each witness called by the City, except officers
or employees of the City, shall be paid a witness fee of five dollars ($5 .00) for eac h day
or part of a day in which he/she shall be in attendance . Such jury and witness fees s hall
be assessed as a part of the costs , and all such costs shall be assessed against th e
defendant in the event he/she shall be found guilty .
B . Costs for Service or Execution : The Municipal Court may assess against a defendant all
costs of any process, writ or warrant iss ued by it , including the cost of service ,
commitment or incarceration .
Section 3. Safety Clauses . The City Council hereby find s, determines, and declares that
thi s Ordinance is promulgated under the general police power of the City of Englewood, th at
it is promulgated for th e health , safety, and welfare of the public, and that thi s Ordinance is
necessary for the preservation of health a nd safe ty and for the protection of public
convenience a nd welfare . The Ci ty Cou n ci l further determines th a t the Ordinance bears a
ra tional rel a tion to th e proper legislative object so ught to be o btained .
Section 4 . Severability . If any clause, sen tence, paragraph , or part of thi s Ordinance or
th e app li cati on thereof to a ny person or circu ms ta n cs shall for any reason be adjudged by a
court of competen t jurisdiction invalid, suc h j ud g men t shall not affect, impair or invalidate
the remainder of thi s Ordinance or it application to o th er pe rso n s or circumstances .
Section 5 . In con sis ten t Ordinances . All other rdin ance or p o rti o ns th e re of
in co nsis te nt o r confli ctin g with thi s Ordinance or an y portion h ereof a rc hereby rcpcakd to
th e ex ten t of suc h inconsistency o r co nfli c t.
Section 6. 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.
Section 7 . Penalty. The Penalty Provision of Section 1-4-1 EMC shall apply to each
and every violation of this Ordinance .
Introduced, read in full , and passed on first reading on the 15th day of May , 2006 .
Published as a Bill for an Ordinance on the 19th day of May, 2006 .
Olga Wolos yn, 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 pass ed
on first reading on the 15th day of May, 2006 .
Loucrishia A . Ellis
'
(_
COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
May 15, 2006 9 a ii Amendments to Section 7-68 -11 of th
EMC 2000 pertaining to Poli e and Fir
Alarm System Reports
Initiated By: Staff Source:
Safety Services and Municipal Court Tamara Wolf , Cour t Administrator
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
City Council has reviewed the False Alarm policies and the proposed Ordinan amendmen t most
recently at the Study Session on April 3, 2006.
RECOMMENDED ACTION
The Municipal Court recommends Council approval of a Bill for an Ordinan regarding Police and
Fire Alarm System Reports that deletes the entire se tion E. r garding mandator penalties and
applies the General Penalty provision to this se lion of the Cod .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
This amendment will allow the Municipal Judge fl exibi lity and dis r ti on in d termining appropriate
penalties in individual cases. In addition, this hange will allow ngl wood Muni ipal Court to be in
alignment with most other metro area jurisdi li ons regarding fals alarm imposable penalties.
FINANCIAL IMPACT
None.
LIST OF ATTACHMENTS
Bill for an Ordinance
(_
BY AUTHORITY
ORDINANCE NO.
SERIES OF 2006
COUNCIL BILL NO. 18
INTRODUCED BY COUNCIL
MEMBER~~~~~~
A BILL FOR
AN ORDINANCE AMENDING TITLE 7, CHAPTER 6B, SECTION 11, OF THE
ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO POLICE AND FIRE ALARM
SYSTEM REPORTS.
WHEREAS, the passage of this Ordinance will allow the Englewood Municipal Judge flexibility
and discretion in determining appropriate penalties in individual cases; and
WHEREAS, this amendment will allow the Englewood Municipal Court to be in alignment
with most other metro area jurisdictions regarding false alarm penalties;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section I. The City Council of the City of Englewood hereby approves amending Title 7,
Chapter 6B, Section 11, of the Englewood Municipal Code 2000, with the deletion of
Subsection E in its entirety, to read as follows:
7-6B-l l: Police and Fire Alarm System Reports.
A. It shall be unlawful for a person to knowingly cause a false alarm for fire, police, or
other emergency to be transmitted to or within any organization, official or volunteer.
B. It shall be unlawful for a person to knowingly cause a false alarm for fire, police, or
other emergency to be transmitted to a public safety agency.
C. False alarm shall mean any alarm signal originating from an alarm device, dial alarm,
audible alarm device or central alarm station to which a public safety agency responds
and which results from:
1. False activation where the activator knows or should reasonably know that such
alarm is false, including reporting a robbery where no actual or attempted robbery
has occurred or reporting a burglary where there is no evidence to substantiate an
attempted or forced entry to the premises or reporting a fire or medical
emergency where there is no evidence to substantiate such an emergency;
2. Alarm triggered by negligence;
3. Failure to correct a malfunction in an alarm system which has previously resulted
in a false alarm, including overly sensitive settings .
D. When an alarm gives notice to a public safety agency, it is presumed that the
own er/les see of the alarm system activated the alarm .
E-. AA)' I'ersee whe shall f'leaEI guilty ta e ·rieletiee eeeteieeEI withie this Artiele shell ee
fieeEI ie aeeerEleeee 1+¥ith the fellevrieg seheEltde:
+,--Uf'08 the eeeyietiee er f'lea ef gttilty, the Mtteieif'el Cettrt JttElge shell assess e
fiee ef tweety fiye Elellers ($25.00).
~ AH sttfflfflees eeEI eemf'leiats isstteEI fer Yieletiea ef 7 68 11 EagleweeEI
Mttaieif'el CeEle 2000, shell J're,·iEle fer a f'lee ef guilty ta ee eatereEI eaEI
f'B)'Rteat ef fiae ey mail withettt eettrt llf'f'e&reaee. If mere thea eae Yieletiea
hes eeettrreEI ia a eeleaEler year, the Sttfflffieas &REI eemf'leiat may J'reYiEle that e
eettrt llf'f'ellrMee ee reEtttireEI.
~ Ne jail seateaee shell ee imf'eseEI fer BR)' Yieletiea ef e J'rBYisiea ef 7 68 11.
Section 2. Safety Clauses. The City Council hereby finds, determines, and declares that
this Ordinance is promulgated under the general police power of the City of Englewood, that
it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is
necessary for the preservation of health and safety and for the protection of public
convenience and welfare . The City Council further determines that the Ordinance bears a
rational relation to the proper legislative object sought to be obtained.
Section 3. 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
inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to
the extent of such inconsistency or conflict.
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.
Section 6 . Penalty. The Penalty Provision of Section 1-4-1 EMC shall apply to each
and every violation of this Ordinance .
Introduced, read in full, and passed on first reading on the 15th day of May, 2006.
Published as a Bill for an Ordinance on the 19th day of May, 2006.
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 a Bill for an Ordinance, introduced, read in full, and passed
on first reading on the 15th day of May, 2006.
Loucrishia A . Ellis
(
ORDINANCE NO.
SERIES OF 2006
BY AUTHORITY
COUNCIL BILL NO . 8
INTRODUCED BY COUNCIL
MEMBER WOODWARD
AN ORDINANCE AMENDING TITLE l, CHAPTER 8, SECTION 4, OF THE
ENGLEWOOD MUNICIPAL CODE 2000, WHICH PERTAINS TO ELECTION
RETURNS/CANVASSING.
WHEREAS, the current time frame does nut allow the City to comply with additional
procedures set forth in State Statute ; and
WHEREAS, these procedures are in place to ensure every legitimate vote counts; and
WHEREAS , the passage or this proposed Ordinance will coordinate the City's election
procedures with current State Election Statutes;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS :
Section I . . The City Council of the City of Englewood hereby approves amending Title
1, Chapter 8 , Section 4 , of the Englewood Municipal Code 2000, which shall read as follows :
1-8-4: Returns ; Canvassing .
The returns of all municipal elections , conducted by the City of Englewood , shall be made to
the City Clerk . He/she shall be assisted in the canvassing of returns by the other members of
the Election Commission. Ne later thaA fh.re (5) days after the Rn1Aieif!al eleetieA, the City
Clerk shall ef!eA the ret1:1rns ie the J:lreseAee ef the ether FReFRbers ef the EleetieA
CenimissieA BREI J:lreJ:lare BA abstraet ef '>'etes . IA the e'>'eAt ef the iAability ef BAY ef the
meFRbers ef the CemmissieA te atteAEI, the ret1:1ms FAS)' be ef!eAeEI aAEI eaAvasseEI by BAY twe
(2) members ef the CemA1issieA iA the effiee ef the City Clerk . In the event the City Clerk
shall be disqualified or be unable to act, the Deputy City Clerk may lawfully act for him/her
and discharge his/her duties hereunder. The Election Commission shall proceed with the
canvassing pursuant to the provisions of th e City Charter and the Colorado Election laws .
Section 2. Safety Clauses. The City Council hereby finds , determines, and declares that
this Ordinance is promulgated und er 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
co nv enience and welfare. The City Council further determines that the Ordinance bears a
rational relation to th e proper legislative object sought to be obtained.
Section 3 . Severability. If any clause, sen tence, paragraph , or part of this Ordinance or
the app li ca ti on thereof to any p erson or circumstances shall for any reason be adjudged by a
court of competen t jurisdiction invalid, such judgment shall not affect , impair or invalidate
th e remainder of this Ordinance or its application to other persons or ci rcumstan ces .
9 bi
Section 4. Inconsistent Ordinances . All other Ordinances or portions thereof
inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to
the extent of such inconsistency or conflict.
Section 5 . Effect of repeal or modification. The rep eal 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 I st day of May, 2006 .
Published as a Bill for an Ordinance on the 5th day of May, 2006 .
Read by title and passed on final reading on the 15th day of May, 2006.
Published by title as Ordinance No. _, Series of 2006 , on the 19th day of May, 2006 .
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 2006.
Loucris hia A . Ellis
ORDINANCE NO.
SERIES OF 2006
BY AUTHORITY
COUNCIL BILL NO . 9
INTRODUCED BY COUNCIL
MEMBER WOODWARD
AN ORDINANCE AMENDING TITLE l, CHAPTER 8, OF THE ENGLEWOOD
MUNICIPAL CODE 2000, BY THE ADDITION OF A NEW SECTION 7
ENTITLED CONTRIBUTIONS.
WHEREAS, the passage of this proposed Ordinance will allow City of Englewood
candidates to accept contributions from corporations and labor organizations ; and
WHEREAS, the Colorado Attorney General addressed how rules in the Amendment 27
initiative, approved by Colorado voters on November 5, 2002, apply in elections in
home rule counties and municipalities; and
WHEREAS, the initiative amends both the Colorado Constituti@n and Colorado's Fair
Campaign Practices Act (FCPA), now Article XXVIII of the Colorado Constitution; and
WHEREAS, the Colorado Attorney General's opinion states that the "rules about
contributions in local elections by corporations and labor organizations do not apply to
local elections" in Home Rule cities; and
WHEREAS, the Colorado Attorney General also stated, "the legislative history of this
part of the amendment says that it is intended to apply to elections for statewide
officials."; and
WHEREAS, the City of Englewood, Colorado is a Home Rule City, thus following the
Colorado Attorney General's opinion that the Englewood candidates would be allowed to
accept contributions from corporations and labor organizations ;
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 hereby approves amending
Title 1, Chapter 8, of the Englewood Municipal Code 2000, with the addition of a new
Section 7, which shall read as follows.
1-8-7: Contributions.
Candidates will be allowed to accept contributions from corporations
and labor organizations.
Section 2. Safety Clauses . The City Council hereby finds, determin es, 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 fer
the protection of public convenience and welfare. The City Council further
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determines that the Ordinance bears a rational relation to the proper legislative
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 its application to
other persons or circumstances.
Section 4 . Inconsistent Ordinances . All other Ordinances or portions thereof
inconsistent or conflicting with this Ordinance or any portion hereof are hereby
repealed to the extent of such inconsistency or conflict.
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 .
Section 6. Penalty. The Penalty Provision of Section 1-4-1 EMC shall apply to
each and every violation of this Ordinance .
Introduced, read in full , and pa ss ed 0 ·, first reading on the I st day of May , 2006.
Published as a Bill for an Ordinance on the 5th day of May, 2006.
Read by title and passed on final reading on the 15th day of May, 2006.
Published by title as Ordinance No. _, Series of 2006, on the 19th day of May,
2006.
Olga Wolosyn , Mayor
ATTEST :
Loucrishia A. Ellis, City Cle rk
I , Loucrishia A . Ellis, City Clerk of the City of Englewood, Colorado, hereby
certify that the above and foregoing is a true copy of th e Ordinance passed on final
reading and published by title as Ordinance No. _, Series of 2006.
Loucrishia A . Ellis
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ORDINANCE NO.
SERIES OF 2006
BY AUTHORITY
COUNCIL BILL NO. 10
INTRODUCED BY COUNCIL
MEMBER WOODWARD
AN ORDINANCE AMENDING TITLE 7 , CHAPTER lA , SECTION 4 , OF THE
ENGLEWOOD MUNICIPAL CODE 2000.
WHEREAS, the current Title 7, Chapter IA , Section 4, has outdated and confusing language ;
and
WHEREAS, with the adoption of this propo se d Ordinance, the outdated and confusing
language shall be deleted from the Englewood Municipal Code;
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 approves amending
Title 7, Chapter I A, Section 4 , of the Englewood Municipal Code 2000, to read as follows:
7-1 A-4: Number of animals maintained on premises; license requirements.
No household, place or premises may have more than two (2) dogs and two (2) cats over
six (6) months of age,. without first ha1t 1ing procured a City hobby breeder's license as
hereinafter provided. A City hobby breeder's license shall not be required where the place
or premises are currently licensed as a pet shop or boarding keflflel , pursuant to section
12 57 IO I et seq. G.R.S. 1973 . All households as of the effective date of the Ordinance ,
owning three (3) dogs or cats without a hobby breeder's license may maintain the three
(3) dogs or cats currently owned but shall not maintain more than two (2) dogs and two
(2) cats upon the death or loss of ownership of one (I) or more of the currently owned
three (3) dogs or cats.
Section 2 . Safety Clauses. The City Council hereby finds, determines, and declares that
this Ordinance is promulgated under the general police power of the City of Englewood , that
it is promulgated for the health , safety, and welfare of the public , and that this Ordinance is
necessary for the preservation of health and safety and for the protection of public
convenience and welfare . The City Council further determines that the Ordinance bears a
rational relation to the proper legislative object sought to be obtained .
Section 3 . Severability . If any clause , sen tence , 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 inva lid , such judgment shall not affect , impair or invalidate
the remainder of this Ordinance or its application to other persons or circumstances .
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)
Section 4. Inconsistent Ordinances . All other Ordinances or portions thereof
inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to
the extent of such inconsistency or conflict.
Section 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.
Section 6. Penalty. The Penalty Provision of Section 1-4-1 EMC shall apply to each
and every violation of this Ordinance .
Introduced, read in full , and passed on first reading on the 1st day of May , 2006.
Published as a Bill for an Ordinance on the 5th day of May, 2006.
Read by title and passed on final reading on the 15th day of May, 2006.
Published by title as Ordinance No. _, Series of 2006, on the 19th day of May, 2006 .
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 2006 .
Loucrishia A . Ellis
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ORDINANCE NO.
SERIES OF 2006
BY AUTHORITY
COUNCIL BILL NO. 11
INTRODUCED BY COUNCIL
MEMBER TOMASSO
AN ORDINANCE AUTHORIZING THE REDEMPTION AND SALE OF A HOUSING
REHABILITATION PROPERTY LOCATED AT 3030 SOUTH SHERMAN STREET IN
THE CITY OF ENGLEWOOD, COLORADO .
WHEREAS, the City Council of the City of Englewood accepted assignment from the
Englewood Housing Authority of all rights, assets and liabilities associated with the Housing
Rehabilitation Loan Program by the passage of Ordinance No. 23, Series 1999; and
WHEREAS, Englewood City Council authorized amending Title, 4, Chapter 3, with the
addition of a new Section 13 entitled "Housing Rehabilitation Fund" by the passage of
Ordinance No. 26, Series 1999; and
WHEREAS, the Englewood Housing Rehabilitation Program was created in 1976 to
preserve the existing housing stock in Englewood and to address the problems of low-income
families with the financing of major household repairs; and
WHEREAS, the Rehab Program approves home improvement loans that are secured by
deeds of trust recorded on the property representing generally second or third mortgages; and
WHEREAS, occasionally homeowners default on their loans and the lien holder initiates the
foreclosure process by filing the required documents with the Public Trustee's Office; and
WHEREAS, the property located at 3030 South Sherman Street has a Rehabilitation Loan
with the City holding a second mortgage; and
WHEREAS, this property went to public sale on December 28, 2005, and the property was
sold back to the first mortgagee who initiated the foreclosure; and
WHEREAS, the Englewood Rehab Loan Committee was consulted at their February, 2006
meeting and they recommended filing the Intent to Redeem Notice with the public Trustee's
Office ; and
WHEREAS , the homeowner failed to redeem the property , within their 75-day redemption
period ; and ·
WHEREAS, the City (the second mortgagee) was notified on March 14, 2006 of the
amount needed to redeem the property no later than March 23, 2006 ; and
WHEREAS, the City redeemed the property on March 23, 2006 and requested on April 11 ,
2006 that the deed be issued to the City of Englewood Housing Rehabilitation Fund ; and
WHEREAS , the redeemed property located at 3030 South Sherman Street will be so ld to a
private owner-occupied party who has secured his own financing and the City funds used to
purchase the property will be returned to the Housing Rehabilitation Fund when this property is
so ld and the new owner's loan is closed; and
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WHEREAS, if an offer to purchase is received from any City employee, their family
members, or any business in which a City employee has a financial interest, the offer will be
submitted to the Englewood City Council for approval ;
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 hereby authorizes the redemption
and subsequent sale of a Housing Rehabilitation Property acqu ired through the foreclosure
process located at 3030 South Sherman Street.
Section 2 . The Mayor and the City Cl erk are authorized to execute the proper form of deed
for the conveyance of the property located at 3030 South Sherman Street, Englewood ,
Colorado pursuant to Section 71 of the Englewood City Charter.
Introduced, read in full, and passed on first reading on the 1st day of May, 2006 .
Published as a Bill for an Ordinance on the 5th day of May, 2006.
Read by title and passed on final reading on the 15th day of May , 2006.
Published by title as Ordinance No . _, Series of 2006, on the 19th day of May, 2006 .
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 2006 .
Loucrishia A. Ellis
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ORDINANCE NO.
SERIES OF 2006
BY AUTHORITY
COUNCIL BILL NO. 12
INTRODUCED BY COUNCIL
MEMBER TOMASSO
AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF THREE
INTERGOVERNMENTAL SUBGRANTEE AGREEMENTS (CDBG) FOR THE YEAR 2006
BETWEEN THE ARAPAHOE BOARD OF COUNTY COMMISSIONERS AND THE CITY
OF ENGLEWOOD, COLORADO.
WHEREAS , the City Council of the City of Englewood approved the exec ution 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 Resolution 78 , Series of 2005, supporting
Housing and Community Development that authorized submitting an application for 2006
CDBG funding ; and
WHEREAS, the project by the City of Englewood known as the "Housing Rehabilitation
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 "Housing Rehabilitation
Project" has been categorized as a rehabilitation activity;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT :
Section I . The Subgrantee Agreement for the 2006 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 2006 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.
Section 3. The Subgrantee Agreement for 2006 Arapahoe County Community
Deve lopment Block Grant -House of Hope Project, attached hereto as Exhibit C, is hereby
acce pted 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.
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Section 5. The City Manager shall be authorized to further extend and/or amend the
subgrantee agreements for the 2006 Arapahoe County Community Development Block
Grant Program as needed.
Read by title and passed on final reading on the 15th day of May, 2006.
Published by title as Ordinance No. _, Series of 2006, on the 19th day of May, 2006 .
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 an,d foregoing is a true copy of the Ordinance passed on final reading and published
by title as Ordinance No._, Series of 2006.
Loucrishia A. Ellis
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SUBGRANTEEAGREEMENTFOR
ARAPAHOE COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
SUBGRANTEE: CITY OF ENGLEWOOD
PROJECT NAME: HOUSING REHABILITATION
PROJECT NUMBER: ENHS 615
This Agreement is made by and between the Board of County Commissioners of the County of Arapahoe,
State of Colorado, for the Conununity Development Block Grant Program in the Conununity Res ources
Depaitment (hereinafter refen-ed to as the County) and the City of Englewood (hereinafter refen-ed to as the
SubGrantee) for the conduct of a Conu1mnity Development Block Grant (CDBG) Project.
I. PURPOSE
The primary objective of Title I of the Housing and Community Development Act of 1974, as ainended,
and of the Conununity 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 SubGrai1tee known as the Housing Rehabilitation Project (Project) has been categorized
as a Single Fainily Housing Rehabilitation project and the SubGrai1tee will maintain do cumentation wi th
the national objective of Low/Moderate Income Housing acti vities.
The SubGrantee may proceed to incur costs for the Project upon receipt of an official "Notice to Proceed"
from the Cow1ty.
II. WORK TO BE COMPLETED BY THE SUBGRANTEE
The following provisions outline the scope of the work to be completed:
The SubGrantee wi ll utilize CDBG funding to provide l ow interest loans and/or grants to income eligible
homeowners for health ai1d safety related home improvements. Typical improvements may include (but
are not necessarily limited to) plumbing, electrical systems, roofs, and HVAC work.
A. Pa yment
It is expressly agreed and understood that the total amount to be paid by the County under this
co ntract sh all not exceed $75,000.00 . Drawdowns for the payment of eligible expenses shall be
made against the line item b ud gets specified in the Project Budget and in accordance with
perfonnance rite1ia e tab li shed in ecti n II -. The parties expressly recognize tha t the
ub rant e i to be paid with DBG funds received from the federal govenunent, and that the
bli ga tion o f th a unty to make payment to SubGrantee is ontingcnt upon receipt of s uch funds .
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X
H
I
B
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T
A
In the event that said funds, or any pa1i thereof, are, or become, unavailable, then the County may
immediately te11ninate 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 cunent 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, 2007 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 c1iteria
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
perfom1ed in compliance with applicable local or industry codes and standards.
2. Conmmnity Impact:
Affordable housing -stability and housing quality
3. Quaiierly Perfonnance Standards:
June 30, 2006:
September 30, 2006:
December 31, 2006:
March 31, 2 007 :
May 31, 2007:
D. Reporting Requirements
No requirements established
Market program, interview potential clients
Provide one (1) rehabilitation loan/grant
Interview potential clients
Provide two (2) rehabilitation loans/grants
Provide two (2) rehabilitation loans/grants
Complete all renovations funded by project
Submit final drawdown and completion report to County
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1. Project repo1ts will be due within one month following the end of each calendar year
qumter (March 31 , June 30, September 30 , December 31) until the Project is compl eted .
2 . The official annual audit and /or Finm1cial Statements for the SubGrantee in which both
revenues m1d expenditures for the CDBG Projects de scribed herein are detailed are due
aimually.
E. Labor Standards (Davis-Bacon)
It is detem1ined that:
Project activities do not require compliance with federal labor standards .
F. Environmental Review
Notwithstanding any provision of this Agreement, the patties hereto agree and acknowledge that
this Agreement does not constitute a commitment of funds or site approv al, and that such
conunitment of funds or approval may occur only upon satisfactory completion of enviro1m1ental
review and receipt by Arapahoe County of a rel ease of funds from the U .S. Depa1tment of Housing
and Urbm1 Development under 24 CFR Pait 58. The parties further agree that the provi sion of any
funds to the project is conditioned on Arapaho e County's detern1ination to proceed with, m odi fy, or
cancel the project based on the results of a subsequent en v ironmental re view.
G. Uniform Relocation Act (URA)
Project activities do not require compliance with the Uniform Relocation Act.
H. Lead Based Paint
The maximum CDBG investment per house renovated under this project may not exceed $2 4,99 9.
This amount includes any CDBG funding used for project based admini strati ve expenses. The
SubGrantee w ill comply w ith all other C ounty, state and federal poli cies, guid elin es and
r equi rem ents r elated to minimi zin g lea d h azard s in r es id enti al prop e1ties , incl uding 24 C FR Part 3 5
and Colorado Regulation N umber 19.
IJI. RE SPONS IBI LIT IES OF T HE SU B GRANTEE
A. Fede ral Compli ance
The SubGrantee shall comply with all applicable federa l laws, regu lations an d requirements, and all
provisions of the &•rant agreements received from the U.S. Depaiiment of Housing and Urban
eve! pmcnt (HUD) by the County. These include but are not limited to compliance with the
pr v1s1on of the Housing and Conununity Development Act of 1974 and all m ies, regulations ,
guideline and circulars promulgated by the vmious federa l depaitments, agencies, administrations
3
and conunissions 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 Conununity 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 Patt 39;
10. Equal employment oppmtunity and minority business enterptise regulations established
in 24 CFR patt 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 procw·ement of prope1ty and services by part1c1pating
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 infonnation 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, duting 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 patticipating jurisdiction, State recipient, or subrecipient
which are receiving CDBG funds.
( d) Exceptions: Tlu·eshold requirements. Upon the written request of the patticipating
jurisdiction, HUD may grant an exception to the provisions of paragraph (b) of this
section on a case-by-case basis when it detennines that the exception will serve to
fu1ther the purpose of the CDBG Investment Partnership Program and the effective
and efficient administration of the paiticipating jmisdiction's program or project.
An exception may be considered only after the patticipating jurisdiction has
provided the following:
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(1) A disclosure of the nature of the conflict, accompanied by an assurance that
there has been public disclosure of the conflict and a desc1iption of how the
public disclosure was made; and
(2) An opinion of the patticipating jutisdiction'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 dete1111ining whether to grant a requested
exception after the patticipating julisdiction has satisfactorily met the requirements
of paragraph (d) of this section, HUD will consider the cumulative effect of the
following factors, where applicable:
(I) 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 beneficiaties of the assisted activity and the
exception will pennit 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 juiisdiction 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 p1ivate, for-profit or non-profit
(including a conmmnity housing development organization (CHOO) when
acting as an owner, developer or sponsor) may occupy a COBO-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
ptincipal 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
paiticipating jurisdiction ( or State recipient, if authorized by the State
pmticipating jutisdiction) may grant an exception to the provisions of
paragraph (f) (1) of this section on a case-by-case basis when it dete1mines
that the exception will serve to fu1ther the purpose of the CDBG program
and the effective and efficient administration of the owner's or developer's
DEG-assisted project. In dctennining whether to grant a requested
exception, the paiticipatingjurisdiction shall consider the following factors :
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(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 p ermit 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 requirem ents of Sec. 92.253 are
being observed;
(iv) Whether the affim1ative marketing requirements of Sec. 92.351
are being observed and followed ; and
(v) Any other factor relevant to the paiticipating jurisdiction 's
detem1ination, including the timing of the requested exception.
Additionally, in accordance with 24 CFR Pait 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 aiise. The SubGrai1tee 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-approp1iation clause that will protect itself and the County from ai1y
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
No projects or activities, nor the amount allocated therefor, may be changed without approval by
the ounty and acceptance of the revised Final Statement and/or Consolidated Plan by HUD, if
required. hanges must be requested in writing and may not begin until a modification to this
Agreement is fully executed.
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( E. Direct Project Supervision and Administration
The SubGrantee shall be responsible for the direct sup erv ision and administration of its respective
projects or acti vi ti es. This task shall be accomplished tlu ·ough the use of the SubGrantee's staff,
agency and employees. The SubGrantee shall b e respon sible for any injury to persons or damage to
property resulting from the negligent acts or enors and omissions of its staff, agents and empl oyees .
Becau se the SubGrante e is responsible for the direct superv ision and adminis tration of its projects
or activiti es, the County shall not be liable or responsible for co st o ve1nms 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 ca1mot be completed with the funds allocated
by the County to the SubGrantee. Any cost ovenuns 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 . TI1e SubGrantee agrees that the funds allocated for any approved projects or acti vities
shall be sufficient to complete said projects or activities without any a dditional CDBG
funding.
F. Indemnity
To the extent allowed by law, the SubGrantee shall indenmify and hold harmless the County and its
elected and appointed officials, officers, employees and agents from ar1d against any and all losses,
damages, liabilities, claims, suits, actions or costs, including attorneys fees, made, asserted or
incurred as a result of ar1y 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 or in any way cormected with the Project or the perfom1ance of this contract.
G. Bonding and Insurance
If th e SubGrantee's project s invo lve construction act ivities, a n y Contractor it u ses for said activi ties
shall be required to provide and maintai n, until fina l acceptance by the SubGrantee of all work by
such Contractor, the kinds and minimum amou nts of insurance as follows:
1. Comprehensive General Liability: In the amou nt of not less tha n $1,000,000 combined
si n gle l imit. Coverage to in cl ud e:
a . Premises Operat io n s
b. Products/Completed Operations
c. Broad Fann Contractual Liabi lity
d . Independent ontractors
e. Broad Fann Prope1ty Damage
f . Employee as Additional Insured
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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 prope1ty 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. Underw1iters shall have no rights of recove1y subrogation against Arapahoe
County or the SubGrantee; it being the intent of the patties 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 fom1 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. Ce1tificate of Insurance: The Contractor shall not conunence work under any
contract funded pursuant to this Agreement until he has submitted to the
SubGrantee, received approval thereof, ce1tificates of insurance showing that he has
complied with the foregoing insurance requirements. The SubGrantee shall also
submit a copy of the Contractor's ce1tificates of insurance to the County.
6 . Notwithstanding the provisions contained in this paragraph (H) set f01th
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 acco rd an c e with 24 CFR paits 84 and 85, the following bonding requirements shall apply to all
p roj ects e x ceeding the simplifi ed acqui sition threshold:
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1. A bid guarantee from each bidder equivalent to 5% of the bid price;
2. A perfonnance 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 p1ice.
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 perfom1ing 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
re,gulations may be confinned. The SubGrantee fu1ther agrees to provide to the County upon
request, a copy of any audit reports pe1taining to the SubGrantee's financial operations dming the
te1m of this Agreement. All records pe1taining 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 infonnation necessary to comply with applicable
Federal laws and regulations as required by the County and HUD. This shall include providing to
the County the info1mation necessary to complete a1mual Perfonnance Rep01ts in a timely fashion.
J. Timeliness
The SubGrantee shall comply with the quruterly perfonnance 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 Joss of all unexpended funds.
K. Reimbursement for Expenses
The SubGrantee agrees that before the County can distribute any COBO funds to it, the SubGrantee
must submit to the County's Housing and Community Development Services Division
documentation in the f01m required by that Division which properly and fully identifies the amount
which the SubGrantee is requesting at that time. The County shall have ten ( l 0) 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 de1ived from the Arapahoe County Conununity Development Block
Grant Program received by the SubGrantee will be retained by the SubGrantee and will be
dispersed fi r 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
pr gram income directly generated from the use of CDBG funds will be remitted to the County.
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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 Agreem ent. Should the prop e1ty in
question be sold or othe1wise disposed of, or the approved prop erty us age di scontinued , the
SubGrantee shall adhere to the r equirements of 24 CFR Paits 84 or 85 (as applicable) regarding the
use and disposition ofreal prope1ty.
N. State and County Law Compliance
All responsibilities of the SubGrantee enumerated herein shall be subj ect to applicable St ate
statutes and County ordinances, resolutions, mies, 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 te1minated by the County if the SubGrantee mate1iall y fai ls
to comply with any te1111 of this Agreement. This Agreement m ay also be · tenninated for
conv enience by mutual agreement of the County and the SubGrantee.
Q. In the event that the Unit of General Local Govenunent should withdraw from the County's
"Urban County" designation, this Agreement shall tenninate as of the t ennination date of the
County's CDBG grant Agreement with HUD .
R. The SubGrantee certifies that to the best of its knowledge and b elief:
1. No F ed eral approp1iat ed funds h ave been paid or will be paid, by or on b ehalf of it,
to any p erso n for influ encing or att empting to influ ence an offi cer or emplo ye e of
an y agency, a Member of Congress, an officer or empl oyee o f Congress, or an
employee of a Member of Congress in connection with th e awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the
enteiing into of any cooperative agreement , and tl1e extension, continuation,
renewal, amend ment, or modi ficatio n of any Federal contract, grant, loan, or
cooperative agreement; and ,
2. If any funds other than Federal appro p1iated fu nd s have b een paid or wi ll be paid to
any person fo r infl uencin g or attem pting to influ en ce an officer or empl oyee of an y
agency, a Member of Congress, an officer or emp loyee of Congress, or an em pl oyee
of a Member of Congress in c01mection with this Federal co ntract, grant, loan, or
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cooperative agreem ent , it will complete and submit Standard Fonn-LLL,
"Disclosure Fonn to Report Lobbying," in accordance with its in structions .
S. Disallowance
If it is detennined by HUD or other federal agency that the expenditure, in whole or in pmt, for the
SubGrantee's Project or activity was improper, in approptiate or ineligible for reimbursement , th en
the SubGrantee shall reimburse the County to the full extent of the di sa llowance.
IV. RESPONSIBILITIES OF THE COUNTY
A. Administrative Control
The Patties recognize and understand that the County will be the governmental entity requir ed 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 perfmmed 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 paragrap h A above sh all be
limited to the perfom1 ance of the administrative ta sks neces smy to make CDBG funds avai lab le to
the SubGrantee and to provide Hou sing and Conmrnnity Developm ent Services (HCDS) staff
whose job it will be to monitor the various projects fund ed with CDBG monies to monitor
compliance with applicable Federal law s and regulations .
C. Reporting to HUD
The County will be responsible for seeing that all necessaty repmts and infornrntion required of the
County are filed with HUD and other ap plicable Federal agencies in a timely fashion.
V. EXTENT OF THE AGREEMENT
This agreement, including any documents attached as exhibits which are h ereby incorporated herein
by reference, represents the entire and integrated agreement between the County and SubGrantee
and supercedes all p1ior negotiations, representations or agreements, either written or oral. Any
amendments to this agreement must be in w1iting and signed by both the County and SubGrantee .
If any portion of this agreement is found by a cou1t of competent jmisdiction to be void and /or
unenforceable, it is the inten t of the parties that the remaining po1tions of this agreemen t shall be of
full force and effect.
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In Witness Whereof, the Parties have caused this Agreement to be duly executed this ______ day
of , 2006.
SubGrantee: City of Englewood
Signature -Olga Wolosyn
Ma or
Title
Board of County Commissioners
Arapahoe County, Colorado
Don Klenu11e on behalf of the Board of County Conu11issioners
Pursuant to Resolution #050539
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ATTEST:
Locrishia A. Ellis
City Clerk
PROJECT BUDGET
COLUMN A COLUMNB COLUMNC COLUMND
Project Activities Estimated Total Cost of CDBG Funds Other Funds Committed
(specify by line item) Activity
Rehab administration $50,000 $7,500 $42,500 .
Loan/grant expenses $117,500 $67 ,500 $50,000
TOTAL: $167 ,500 $75,000 $92,500
SUBGRANTEEAGREEMENTFOR
ARAPAHOE COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
SU BGRANTEE: CITY OF ENGLEWOOD
PROJECT NAME: HOMEOWNE R FIX-U P
PROJECT NUMBER: ENHS 616
This Agreement is made by and b etween the B oard of Coun ty Commissioners of the Cou nty of Arapah oe,
State of Colorado, for the Community Developm ent Block Grant Progra m in the Community R eso urces
Department (hereinafter refened to as the County) and the City of Engl ewoo d (h erein after r efen ed to as the
SubGrantee) for the conduct of a Conmmnity Developm ent Bl ock Grant (CDBG) Project.
I. PURPOSE
The prima1y objecti v e of Title I of the Housing and Conmmnity Development Act of 19 74, as amend ed,
and of the Conununity Development Block Gra nt (CDBG) Pro gra m under this Title is the d evelopm ent of
v iable urban conununities , by pro viding d ecent hou sing, a suitable living environm ent and expanding
economic opportunities, princip all y for low and moderate incom e perso ns .
Th e project b y the SubGrantee known as the Homeowner Fix-Up Project (Project) has been categori zed as
a Housing Rehabilitation proj ect and the SubGrantee wi ll maintai n docum entation with th e national
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. \\10RK TO BE COMPLETED BY THE SUBGRANTEE
T he fo llo wi n g pro visions outline the scope of the work to be com pl eted:
The SubGrantee will utilize CDBG funding to provide grants to income eligible homeowners for exte1ior
home improvements. The intent of the project is both to improve Englewood's existing h ousing stock, as
well as improve the visual appearance of deteriorated neighborhoods. Typical improvements may include
(b ut are not necessari ly limited to) paint, siding, windows, roofs, and xe1iscaping.
A . Pa y ment
lt is expressly af,•ree d and understood that the total amount to be paid by the County under this
ontract sh all not exceed $6 0,00 0 .0 0 . Drawdowns for the payment of eligib le expenses shall be
made against the line item budgets spe ified in the Project Budget and in accordance with
perfi 1mance c1ite1ia established in Section Il-C. The parties expressly recognize that the
ubGrantee is to be paid with CDBG funds received from the federal govenm1ent, and that the
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obligation of the County to make payment to SubGrantee is contingent upon receipt of such funds.
In the event that said funds, or any patt 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 CUITent fiscal year is also
contingent upon adequate funds being appropiiated, 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, 2007 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 fourteen (14) 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 under this grant are to be performed in compliance with
applicable local or industry codes and standards.
2. Conununity hnpact:
Affordable housing -stability and housing quality
3. Quarterly Perfornrnnce Standards:
June 30, 2006:
September 30, 2006:
December 31, 2006:
March 3 1, 2007:
No requirements established
Provide two (2) renovation grants
Market program, interview potential clients
Provide four ( 4) renovation grai1ts
Market program, interview potential clients
Provide four (4) renovation grants
Interview potential clients
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May 31, 2007 :
D. Reporting Requirements
Provide four (4) renovation grants
Complete all renovations funded by project
Submit final drawdown and completion rep01i to County
1. Project rep01is will be due within one month following the end of each ca lendar year
quatier (March 31, June 30, September 30, December 31) until the Proj e ct is completed .
2. The official annual audit and /or Financial Statements for the SubGrantee in which both
revenues and expenditures for the CDBG Projects desctibed herein are detailed are due
annually.
E. Labor Standards (Davis-Bacon)
It is detennined that:
Project activities do not require compliance with federal labor standards.
F. Environmental Review
Notwithstanding any provision of this Agreement, the patiies hereto agree and acknowledge that
this Agreement does not constitute a conunitment of funds or site approval, and that such
conunitment of funds or approval may occur only upon satisfact01y completion of enviromnental
review and receipt by Arapahoe County of a release of funds from the U.S . Depatiment of Housing
and Urban Development under 24 CFR Pati 58. The patiies fu11her agree that the provision of any
funds to the project is conditioned on Arapahoe County's detennination to proceed with, modify, or
cancel the project based on the results of a subsequent enviro1m1ental review .
G. Uniform Relocation Act (URA)
Project activities do not require compliance with the Uniforn1 Relocation Act.
H. Lead Based Paint
T he maxi mum C DBG investm ent p er h ouse renovated u nd er thi s proj ect m ay not exceed $4 ,00 0 .
The Sub Grantee w ill co m p ly wi th all oth er County, state and fe deral po licies , gui d e lin es and
requ irem e nts rel ated to m inim izi ng lea d h azard s i n res id e n tial p rope11i es, in clud in g 24 CFR P ati 35
and Colo ra do R egul ati on Number 19 .
lll. RE S PON S IBILITIES OF THE SUBGRANT EE
A. Fed e ral 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 . Depat1ment of Housing and Urban
Development (HUD) by the County. These include but are not limited to compliance with the
provisions of the Housing and Conununity Development Act of 1974 and all rules, regulations ,
guidelines and circulars promulgated by the vatious federal depattments, agencies, administrations
and conunissions relating to the CDBG Program. A listing of some of the applicable laws and
regulations are as follows :
1. 24 CFR Patt 570;
2 . 24 CFR Patts 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 Co1m1mnity 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 Patt 39;
10 . Equal employment opp01tunity 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-disc1imination in employment, established by Executive Order 11246;
13 . Lead Based paint regulations established in 24 CFR Paits 3 5 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 prope1ty and services by patticipating
jmisdiction, 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 pai·agraph (c) of this section who
exercise or who have exercised any functions or responsibilities with resp ect to
acti v ities assisted with CDBG funds or who are in a position to paiticipate in a
decision m aking proces s or gain insid e infonnation w ith regard to th ese ac ti viti es,
may ob tain a fi n an cial interest or b enefi t fro m a CDBG-assiste d activity, or h ave an
interest in any con tract, subcontr act or agreem ent with respect thereto, or the
proceeds th ere und er, ei ther for th e m selves or th ose w ith whom th ey h ave family or
b u sin ess ties, during the ir tenure or for on e yea r th er eafter .
( c) Per so n s cover ed . The confli ct o f interest pro vi sions of p aragraph (b) o f this secti on
app ly to any p erson who is an empl oyee, agent , co n s ul t ant, offi cer or elected offici al
or appoi nte d official o f th e paitic ip atin g j mi sdi ctio n , St at e recipient, or s ubrecipient
wh ich are receiv ing CDBG fund s.
(d) Exceptions: T lu·es h o ld r e qui remen ts. Upo n th e writt en requ est of th e p aiticipati ng
j u1isdiction , HU D m ay grant an excepti o n to th e provisions of paragraph (b) of th is
sectio n on a case-by-case b asis w h en it detetmines th a t th e excep tion w ill serve to
4
futther the purpose of the CDBG Investment Pmtnership Program and the effective
and efficient administration of the pa1ticipating jurisdiction's pror,,,·am or project.
An exception may be considered only after the patticipating 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 patticipating jurisdiction's or State recipient's attorney
that the interest for which the exemption is sought would not violate State or
local Jaw .
(e) Factors to be considered for exemption. In determining whether to grant a requested
exception after the patticipating jurisdiction has satisfactorily met the requirements
of paragraph (d) of this section, HUD will consider the cumulative effect of the
following factors, where applicable:
(I) Whether the exception would provide a significant cost benefit or an
essential degree of expettise 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 pem1it such person to receive generally the satne 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 s pecific
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) w h ether private, for-profit or non-profit
(including a conununity housing development organization (CHDO) when
acting as an owner, developer or sponsor) may occupy a COBO-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
ptincipal 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 ju1isdiction) may grant an exception to the provisions of
paragraph (i) (1) of this section on a case-by-case basis when it dete1111ines
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that the exception will serve to futiher the purpose of the CDBG program
and the effective and efficient administration of the own er's or developer's
CDBG-assisted project. In detennining whether to grant a requested
exception, the patiicipatingjurisdiction 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 beneficia1ies of the
assisted housing, and the exception will pem1it such pers on 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 ten ant protection requirements of Sec. 92.253 are
being observed;
(iv) Whether the affinnative marketing requirements of Sec. 92 .351
are being observed and followed; and
(v) Any other factor relevant to the participating jmisdiction's
dete1mination, including the timing of the requested exception .
Additionally, in accordance with 24 CFR Pati 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 ru.ise. The SubGrru.1tee cannot engage in a federally funded contract with any entity
registered in the Li sts of Pa1iies Excluded From Federal Procurem ent or Nonpro cur ement
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 ru.1d 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
ex tent th ere is a conflict the funding provisions of this SubGrantee Agreement , th e federal grant and
the fed eral statutes control rather than the provisions of Section 24-91 -103.6 , C.R .S. with r ega rd to
any publi c wo rk p ro j ects .
C. Ex penditure R es trictions
All CDBG fu nd s that are approved by HU D fo r ex pend iture und er th e County's grant agree ment,
incl udi ng those th at are id entifi ed fo r th e SubG rantee's Proj ec ts and ac ti v ities, shall b e all ocated to
the specific projects and activities d esc1ibed and li sted in th e gra nt agreem ents. TI1e all ocated funds
shall be used and expended only for th e proj ects and ac tiv ities for wh ich the fu nds are identified .
D. Ag reem ent C han ge s
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
TI1e 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 e1rnrs 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 Cow1ty 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 ovenuns shall be the sole responsibility of the
SubGrantee.
1. TI1e 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 indenmify and hold hannless the County and its
elected and appointed officials, officers, employees and agents from and against any and all los ses,
damages , liabilities, claims, suits, actions or costs, including attorneys fees , made, asse1ted or
incmTed as a result of any damage or alleged damage to person or prope1iy occasioned by the acts
or omissions of SubGrantee, its officers, employees, agents, contractors or subcontractors, arising
out of or in any w::iy connected with the Project or the performance of this contract.
G. Bonding and Insurance
If the SubGrantee's projects involve constrnction 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 ::imounts of insurance as follows:
1. omprehensive General Liability: In the amount of not less than $1,000,000 combined
s ingle limit. Coverage to include:
a. Premises Operations
b . Products/Completed Operations
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c . Broad Fom1 Contractual Liability
d. Independent Contractors
e. Broad Fom1 Prope1ty 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. Unde1w1iters shall have no rights of recovery subrogation against Arap ahoe
County or the SubGrantee ; it being the intent of th e p arti es that the in surance
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
re course against Arapahoe County or the SubGrantee for paym ent of any
premiums due or for any assessments under any fonn of any policy.
d . Any and all deductibles contained in any insuran ce policy sh all be ass um ed
by and at the sole 1isk of th e Contracto r.
5. Certificate of Insurance: The Contractor shall not conm1ence work under any
contract funded pursua nt to this Agreement until he has submitted to the
SubGrantee, received approval thereof, certificates of insurance showing that he has
com plied with the foregoi ng ins ura n ce requirements. Th e Sub Gran tee shall also
submit a copy of the Co nt racto r's ce1tificates of insura nce to th e County.
6 . Notwithstanding the provis ion s contai ned in this paragraph (H) set fo1t h
hereinabove, the Coun ty reserves the 1ight to modify or waive sai d provisions for
projects or activities for which these provisions would prove proh ibitive . The
SubGrantee understands, however, that the decision to waive or modify tho se
provi sions is fully within the discretion of the County.
8
In accordance with 24 CFR pa1ts 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 p1ice;
2. A perfonnance bond on the pait of the contractor for 100% of the contract p1ice; and
3. A payment bond on the part of the contractor for 100% of the contract p1ice.
H. Records
The SubGrantee shall maintain a complete set of books and records documenting its use of CDBG
funds and its supervision ai1d 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 perfom1ing 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 confinned. The SubGrantee fu1ther agrees to provide to the County upon
request, a copy of ai1y audit rep01ts pe1taining to the SubGrantee's financial operations dming the
tenn 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 inf01111 at ion necessary to comply with applicable
Federal laws and regulations as required by the County and HUD. This shall include providing to
the County the infom1ation necessary to complete annual Performance Repmts in a timely fashion.
J. Timeliness
The SubGrantee shall comply with the quaiterly perfo1111ance standards established in Section Il-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 fonn required by that Division which properly and fully identifies the amount
which the SubGrantee is requesting at that time. The County sh all have ten (10) working days to
review the request. Upon approval of the request, the County will distribute the requested funds to
the ubGrnntee as soon as possible.
L. Program Income
9
All program income directly de1ived from the Arapah oe 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 prope1ty acquired in whole or in patt with CDBG funds shall be utilized in accordance with
the scope and goals identified in Sections I and II of this Agreement. Should the prop e1ty in
question be sold or otherwise disposed of, or the approved prope1ty usage discontinu ed, the
SubGrantee shall adhere to the requirements of 24 CFR Patts 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, mles, and regulations.
0. Subcontracts
If subcontracts are used on the Project, the SubGrantee agrees that the provisions o f this Agreem ent
shall apply to any subcontract.
P. Suspension or Termination
TI1is Agreement may be suspended or tenuinated by the County if the SubGrantee mate1ially fails
to comply with any tenn of this Agreement. TI1is Agreement may also be te1minated for
convenience by mutual agreement of the County and the SubGrantee.
Q. In th e event th at the U nit of General Local Go venunent should withdraw from the Co unty's
"U rb an Co un ty" d es i gnation, this Agreement shall te1111inate as of the te1111in ati on d ate of the
Co unt y's CDBG grant A greem ent with HUD .
R. The SubGrantee certifies that to the best of its knowledge and belief:
1. No Federal appropriated funds have been pai d or wi ll be paid, by or on behalf of it,
to any person for influencing or at tempting to influ ence an officer or empl oyee of
any agency, a Memb e r of Co ngress, an officer or employee of Co ngress, or an
emp loyee of a Member of Congress in c01mectio n with th e awardi ng of any Federal
ontract, the making of any Federa l grant, th e m aking of any Federal loa n, the
entering into of any cooperative agreem en t, an d th e extension, continuation,
renewal, amendment, or modificati n of any Federal contract, grant, loan, or
cooperative agreement; and,
10
2. If any funds other than Federal approp1iated 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 c01mection with this Federal contract, grant, Joan, or
cooperative agreement, it will complete and submit Standard Fonn-LLL,
"Disclosure Fonn to Rep01t Lobbying," in accordance with its instructions.
S. Dis allowance
If it is detennined by HUD or other federal agency that the expenditure, in whole or in pait, 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 perfom1ed 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 perfonnance of the administrative tasks necessary to make CDBG funds available to
the SubGrantee and to provide Housing and Conmmnity Development Services (HCDS) staff
whose job it will be tci monitor the various projects funded with CDBG moni es to monitor
compliance with applicable Federal laws and regulations.
C. Reporting to HUD
The County w ill be responsible for see ing that all necessary reports and info1111ation req uired of the
Cou nty are filed with HUD and other applicable Federal agencies in a timely fashion .
V. EXTENT OF THE AGREEMENT
This agr eem ent , including any documents attached as exhibits which are hereby incorporated h erei n
by reference, represents the entire and integrated agreement betw een the County and SubGrantee
and superccdes all p1ior negotiations, representations or agreements, either w1itten or oral. Any
amendments to this agreement must be in w1iting and signed by both the County and SubGrantee.
lf any pmtion of this agreement is found by a couit of competent ju1isdiction to be void and/o r
unenfor cable, it is the intent of the paities that the remaining po1tions of this agreement shall be of
full for e and effi t.
11
In Witness Whereof, the Parties have caused this Agreement to be duly executed this ______ day
of , 2006 .
SubGrantee: City of Englewood
Signature Olga Wolosyn
Mayor
Title
Board of County Conunissioners
Arapahoe County, Colorado
ATTEST:
Loucrishia A. Ellis
City Clerk
Do n Kl enun e on b ehalf of the Board of County Conunission ers
Pursuant to Reso lution #050539
12
PROJECT BUDGET
COLUMN A COLUMNB COLUMNC COLUMND
Project Activities Estimated Total Cost of CDBG Funds Other Funds Committed
(specify by line item) Activity
Project administration $14,000 $4,000 $10,000 .
Grants for Exterior Renovations $81,000 $56,000 $25,000
TOTAL: $95,000 $60,000 $35,000
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 617
This Agreement is made by and betw een the Board of County Commissioners of the County of Arapahoe,
State of Colorado, for the Conmrnnity Development Block Grant Program in the Conmrnnity Resourc es
Depaitment (hereinafter refeJTed to as the County) and the City of Englewood and Family Tr ee, Inc.
(hereinafter refen-ed to as the SubGrantee) for the conduct of a Conununity Development Blo ck Grai1t
(CDBG) Project.
I. PURPOSE
The p1imaiy objective of Title I of the Housing and Community Development Act of 19 7 4 , as am ended ,
and of the Conununity Development Block Grant (CDBG) Program under this Title is the developm ent of
viable urbai1 communities , by providing decent housing, a suitable living environment and expanding
economic opportunities, principally for low ai1d moderate income persons .
The project by the SubGrantee known as the House of Hope Staffing Project (Proj ect) has been cat egori zed
as a Public Services project and the SubGrantee will maintain documentation with the national obje ctive of
Limited Clientele acti vities.
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 fo ll owin g provis ions outlin e 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 she lter and supportive services for homeless families.
A. Pay m ent
It is expressly agreed and understood that the total amoun t to be pai d b y the County under this
contract shall not exceed $33,7 88 .00 . Drawdowns for the payment of eligib le expenses shall be
made against the line item budgets specified in the Project Budget an d in accordance with
performance criteria established in Section II-C. The parties express ly recognize that the
SubGrantee is to be paid with CDBG funds received from the federal govenunent, 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, w1available, then the County may
1
e
)(
t-
i
E
I ,
C
inunediately te1111inate 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 cunent fiscal year is also
contingent upon adequate funds being approp1iated, budgeted and otherwise available.
A11y Project funds not expended and drawn from the County by the deadline identified in Section
II. C . 3 . below shall reve11 to the County and be utilized for other purposes.
B. Timeline
All Project activities will be completed by May 31, 2007 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 SubGrante ~ for the Project, the c1ite1ia
listed below are to be met during the execution of the Project.
1. 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, hlc., 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 210 unique persons
will be served by the Project.
The SubGrantee may not charge fees or accept donations from clients senred for
services provided under this grant.
2 . Community h11pact:
Homelessness -crisis management and ability to transition through the continuum of
care
3. Quai1erly Perfonnance Standards:
June 30, 2006 :
Begin to provide services to families
September 30, 2006:
Provide se1vices to approximately 12-21 families
Approximately 36-60 unique persons served
December 31, 2006 :
Provide se1vices to approximately 12-21 families
2
Approximately 36-60 unique persons served
March 31, 2007:
Provide services to approximately 12 -21 families
Approximately 36-60 unique persons served
May 31, 2007: May 31, 2007 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 repmis will be due within one month following the end of each calendar year
quaiier (March 31, June 30, September 30, December 31) until the Project is completed .
2. The official annual audit and/or Financial Statements for the SubGrai1tee 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 compliai1ce with federal labor standards.
F. Environmental Review
Notwithstai1ding any provision of this Agreement, the parties hereto agree ai1d acknowledge that
this Agreement does not constitute a commitment of funds or site approval, and that such
conunitment of funds or approval may occur only upon satisfactory completion of environmental
review ai1d receipt by Arapahoe County of a release of funds from the U.S. Depaiiment of Housing
and Urbai1 Development under 24 CFR Paii 58. 111e parties further agree that the provision of any
funds to the project is conditioned on Arapahoe County's detennination to proceed with , modify, or
cancel the project based on the results of a subsequent environmental review.
G. U niform R elocation Act (URA)
Proj ec t ac tivities do not require compliance with the Unifonn Relocation Act.
HJ. RE PONSIBILITJES OF THE SU BGRANTEE
A. Federa l Co mplian ce
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 . Depaiiment 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 mies, regulations,
guidelines and circulars promulgated by the va1ious federal depa1iments, agencies, administrations
and conm1issions relating to the CDBG Program. A listing of some of the applicable laws and
regulations are as follows:
1. 24 CFR Pa1i 570;
2. 24 CFR Pa1is 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 Conununity 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 minmity business enterprise regulations established
in 24 CFR part 570.904;
11. Section 3 of the Housing and Urban Development Act of 1968;
12. Non-disc1imination 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.
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 eve1y contract it enters, which relies upon CDBG
monies for funding, a non-approp1iation clause that will protect itself and the County from any
liability or responsibility or any suit which might result from the discontinuance of CDBG fundin g
for any reason. Because this SubGrantee Agreement involves funds from a federal grant, t 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
4
All CDBG funds that are approved by HUD for expendi ture under the County's grant agreement,
including those that are id entifi ed for the SubGrantee's Proj ec ts and activities, shall be allocated to
the specific proj ects and activities describ ed and list ed in the grant agreements. The allo cate d 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 alloc ated therefor, may be changed without ap pro val by
the County and acceptance of the revis ed 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 resp ective
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 en-ors 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 indenmify 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, asse1ted or
incuned as a result of any damage or alleged damage to person or prope1ty occasioned by the acts
or omissions of SubGrantee, its officers, employees, agents, contractors or subcontractors, a1ising
out of or in any way connected with the Project or the perf01mance of this contract.
G. Bonding and In s urance
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 Fom1 Contractual Liability
d. Independent Contractors
e. Broad Form Property Damage
f. Employees as Additional Insured
g . Personal I:njuiy
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 w1der 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
ai1d 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 . Ce1iificate of Insurance : The Contractor shall not conm1ence 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 ce1tificates of insurance to the County.
6 . Notwithstanding the provisions contained in this paragraph (H) set faith
hereinabove, the County reserves the 1ight 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 perfonnance bond on the part of the contractor for 100% of the contract price; and
3 . A payment bond on the pait 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 ai1d its supervision and administration of the Project. Records are to include documentation
verifying Project eligibility and national objective compliance, as well as finai1cial 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 law s and
regulations may be confinned. The SubGrantee further agrees to provide to the County upon
request, a copy of ai1y audit reports pertaining to the SubGrantee's financial operations dming 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 repmts and other infom1ation necessary to comply with applicable
Federal laws and regulations as required by the County and HUD. This sh all include providin g to
the County the infonnation n ecessaiy to complete amm al Perfonn ance Repmts in a timely fashion.
J. Timeliness
The SubGrantee shall comply with the quaiterly performance sta11dards established in Section II-C
of this Agreement. The SubGrantee understands that fai lure to comply with the established
s tandards may lead to a cancellation of the Project and a loss of all unexpended funds.
K. R eimburse ment for Expe nses
The SubGrantee agr e es that before the County can distJibute any CDBG funds to it, the SubGrantee
mu st s ubmit to the County's Housing and Community D evelopment Services Division
7
documentation in the form required by that Division which prop er ly and fully identifies the amount
which the SubGrantee is requesti ng at that time. The County shall have ten (10) working days to
review the request. Upon appro val 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 of CDBG funds will be remitted to the County.
M. Real Property
Real properiy acquired in whole or in paii 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 Paris 84 or 85 (as applicable) regarding the
use and disposition ofreal properiy.
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 Agree ment
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 Uni t of General Local Government should withdraw from the County's
"Urban County" designation, this Agreement sha ll tenninate as of the tem1ination date of the
aunty's CDBG grant Agreement with HUD.
R. The SubGrantee ce11ifies that to the best of its knowledge and belief:
1. No F ederal appropriated funds have b een 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
e.
any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in c01mection 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, Joan, or
cooperative agreement; and,
2 . If any funds other than Federal approp1iated 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 c01mection with this Federal contract, grant, Joan, or
cooperative agreement, it will complete and submit Standard Form-LLL,
"Disclosure Fonn to Report Lobbying," in accordance with its instructions .
S. Disallowance
If it is detennined 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 perfom1ed or
conducted under any CDBG agreement, the County shall have the necessaiy 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 perfonnance of the administrative tasks necessary to make CDBG funds available to
the SubGrantee and to provide Housing and C01m1m1lity Development 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 r espo nsible for seeing that all necessa1y reports and infonnation required of the
County are filed with HUD and other applicable Federal agencies in a timely fasllion.
V. EXTENT OF THE AGREEMENT
9
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 w1itten or oral. AJ.1y
amendments to this agreement must be in writing and signed by both the County and SubGrantee .
If any p01iion of this agreement is found by a court of competent jmisdiction to be void and/or
unenforceable, it is the intent of the pa1iies that the remaining portions of this agreement shall be of
full force and effect.
10
'
In Witness Whereof, the Parties have caused this Agreement to be duly executed this day ------
of _____________ , 2006.
SubGrantee: City of Englewood
Signature Ologa Wolosyn
Mayor
Title
SubGrantee: Family Tree, Inc.
Signature
President
Title
r.·1
/,-1 1 ......
Bo ard of County Conunissioners
Arapa h oe County, Colo ra do
D n K.Jenm1e on behalfofthe Board of County Conunissioners
Pursuant to Resolution #05053 9
11
ATTEST:
Loucrishia A. Ellis
City Clerk
PROJECT BUDGET
COLUMN A COLUMNB COLUMNC COLUMND
Project Activities Estimated Total Cost of CDBG Funds Other Funds Committed
(specify by line item) Activity
Personnel S291,720 $33 ,788 $257,932
Operating Costs $176,270 0 $176,270
TOTAL: S467,990 $3 3,788 $434 ,202
' SERIES OF 2006
BY AUTHORITY
COUNCIL BILL NO. 13
INTRODUCED BY COUNCIL
MEMBER TOMASSO
AN ORDINANCE AUTHORIZING THE SALE OF A SINGLE FAMILY RESIDENCE AT
2350 SOUTH ZUNI STREET PURSUANT TO THE INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND ARAPAHOE COMMUNITY
COLLEGE/AREA CAREER AND TECHNICAL SCHOOL.
WHEREAS, the City of Englewood and Arapahoe Community College/ Area Career and
Technical School (ACTS) became involved in a two-year Comprehensive Building Trades
program for high school students and adults to have a "hands-on" experience in building a
home from the ground up throughout the school year; and
WHEREAS, the City acted as developer by providing construction funds from the Housing
Rehabilitation Fund and a site contractor was hired to coordinate the day-to-day building
activities with the ACTS instructor and students; and
WHEREAS, the house was built at 2350 South Zuni Street per Ordinance No . 15, Series of
2005, with the proceeds of any sale to be returned to the Housing Rehabilitation Fund; and
WHEREAS, the house at 2350 South Zuni Street is nearing completion and ready for sale in
the near future .
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. City Council hereby authorizes the sale of 2350 South Zuni Street in the ACTS
Program, which property is legally described as follows:
Lot 4, Southlawn Gardens Annex, Filing No . 4
County of Arapahoe, State of Colorado .
Section 2. The Mayor and City Clerk are authorized to sign and attest all papers necessary
to complete this sale .
Introduced , read in full, and passed on first reading on the 151 day of May , 2006 .
Published as a Bill for an Ordinance on the 51h day of May , 2006.
Read by title and passed on final reading on the 15th day of May, 2006.
9bvi
Published by title as Ordinance No. _, Series of 2006, on the 19th' day of May, 2006.
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 2006.
Loucrishia A. Ellis
ORDINANCE NO.
SERIES OF 2006
BY AUTHORITY
COUNCIL BILL NO . 14
INTRODUCED BY COUNCIL
MEMBER TOMASSO
AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF A THREE
YEAR INTERGOVERNMENTAL COOPERATIVE AGREEMENT FOR THE ARAPAHOE
COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT
PARTNERSHIP PROGRAMS FOR PROGRAM GRANT YEARS 2007 THROUGH 2009
BETWEEN THE ARAPAHOE BOARD OF COUNTY COMMISSIONERS AND THE CITY
OF ENGLEWOOD , COLORADO .
WHEREAS, the Englewood City Council does hereby determine that it is in the public inte re st
and welfare of the residents of the City of Englewood, Colorado that the City engage in a
cooperative effort with Arapahoe County for the conduct of Community Development Block
Grant Program activities and projects in the City under and pursuant to the Housing and
Community Development Act of 1974 , as since amended (42 U .S.C. 5301 et seq .); and
WHEREAS, the Englewood City Council approved th e execution of an Intergo ve rnmental
Agreement between the City of Engl ewood and Arapahoe County with the passage of Ordinance
No . 37 , Series of 1991 authorizing initial participation in the Urban County Entitlement
Program for the CDBG program for federal fiscal years 1992 through 1994 ; and
WHEREAS , the Englewood City Council passed Ordinance No . 39 , Series of 1994 , that was
exte nded by Amendments No . 's I , 2 and 3 , relating to participation in the Urban County
Entitlement Program for CDBG and HOME funds for federal fiscal years 1995 through 2006; and
WHEREAS, the passage of this proposed Ordinance authorize s the execution of a three-ye ar
Intergov ernmental Cooperation Agreement between Arapahoe County and the City of
E nglewood relating to the conduct of Community Deve lopment Block Grant (CDBG) and HOM E
In vestm e nt Partnership (HOME) progra ms for program grant years 2007 through 2009 ;
NOW, THEREFORE, B E IT ORDAIN E D BY TH E C ITY COUNCIL OF THE C ITY OF
EN GLEWOOD, COLORADO, AS FOL LOWS :
Sect ion I . T he City Council of the Ci ty of Englewood, Colorado here by authorizes the
a c c eptance of the "Intergovernmental Cooperation Agreement Between Arapahoe County,
Colorado And Ci ty of Englewood , Colorado Relating To The Conduct Of Community
Development B lock Grant And Home Investment Partnership Programs For Program Grant
Years 2007 Through 2009", attached hereto as Exhibit A.
Sect ion 2 . T he Mayor is aut hori zed to execute a nd th e Ci ty Clerk to att es t and sea l th e
Intergovernmenta l Gran t Agreement for and on be h a l f of th e City of En glewood, Co lorado .
Int roduced , read in full , and pa ssed on first reading on the !st day of May, 2006 .
9 bvii
Published as a Bill for an Ordinance on the 5th day of May, 2006 .
Read by title and passed on final reading on the 15th day of May, 2006 .
Published by title as Ordinance No . _, Series of 2006, on the 19th day of May, 2006.
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 2006.
Loucrishia A . Ellis
' INTERGOVERNMENTAL COOPERATIO N AGREEME T
BETWEEN
ARAPAHOECOUNTY,COLORADO
AND
CITY OF ENGLEWOOD, COLORADO
RELATING TO THE CONDUCT OF
COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP
PROGRAMS
FOR PROGRAM GRANT YEARS 2007 THROUGH 2009
THIS AGREEMENT is entered into and shall be effective as of 2006, by and between
Arapahoe County , Colorado (the "Co unty "), a body corporate and politic of the State of Co lorado , and the
City of Englewood (the "City"), a municipal corporation of Colorado lo cated in Arapahoe County.
RECITALS
A . In 19 74, the U.S . Congress enacted The Housing and Community Developm ent Act of 19 74 ,
as since amended (42 U.S .C. 5301 et seq.) (the "Act"), permitting and pro viding for the
participation of the United States government in a wide range of local housing and
community development activities and programs under Title I of the Act which activities and
programs are administered by the U.S. Depa11ment of Hou s in g and Urban Developm ent
("HUD");
B. The primary objective of Title I of the Act is the development of viable urban communiti es,
by providing decent ho usin g and a suitable living environment and expanding economic
op portunities , principall y for persons of low and moderate income , thi s objective to be
acco mpli shed by the federal governmen t pro vi din g financial assistance pursuant to th e Act in
th e fonn of Community Developm ent Blo ck Grant ("CDBG") funds to state and loca l
governments to be use d in the conduct and administration of housing and community
development activities and projects as contemplated by the primary objective of the Act (the
"C DBG Pro gram ");
C . To implement the poli c ie s, obj ec ti ves and other provi s ion of the Act, HU D has iss ued rules
and regulations governing the conduct of CDBG programs , published in 24 Code of Federal
Reg ulations (CFR), Part 570 (the "Regulations"), which regulations provide that a county
may qu ali fy as an "urban county," as defined in Section 570.3 of the regulations , and th ereby
beco me e li g ibl e to receive enti tlement grant s from HUD for th e conduct of CD BG and Home
In ves tment Part ners hip (HOME ) programs as an urb an co unt y and that ci ti es an d ot her unit s
of ge neral local gove rnm en ts in the sa me metropolitan statist ica l area that do not or canno t
qualify for separate enti tl eme nt grants may be included as a pa11 of the urban cow1ty by
entering into cooperation agreeme nts with the urba n county in accordance with the
requireme nt s of the Regulations ;
D. The County has heretofore qualified un der the Regulations as an "urban county" and will
receive CDBG and HOME funds from HUD by annu al gra nt ag re eme nt s, an d a ll participating
municipalities loca ted in th e County whi c h do not receive se parate community deve lopm en t
e ntitlement grants have be en included as a part of th e County in its CDBG and HOME
Programs;
E. In 1981 , and again si nce th en, HUD amended the Reg ul ations, pursuant to amendments of the
Act , revising the qualification period for urban co unti es by providing th at the qualifi cation by
HUD of an urban county sha ll remain effective for three successive gran t years regard less of
changes in its population during that period , except for failure of an 1.irban county to receive a
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B
I
T
A
grant during any year of th at per iod, and also providing that during the thr ee year period of
qualification, no included city or other unit of general local government may wi thdraw from,
nor be removed from, the urban county for HUD's computation purposes, and no city or other
unit of general local government covering an additional area may be added to the urban
county during that three-year period except in the case where a city or other unity loses its
designation as a metropolitan city;
F. In 2006, the County is submitting to HUD the required documentation to requalify as an
urban county, pursuant to Section 570 .307 of the Regulations , so as to become eligible to
receive annual CDBG and HOME funds for the next three Program Years from grant years
2007, 2008 , and 2009 appropriations, and if the City approves and authorizes this agreement,
an executed copy thereof will be included in the documentation for this ensuing period of
qualification and, if the County qualifies , the City will thereby be included as a part of the
urban county and be eligible to participate in the County's CDBG and HOME Programs for
the next three Program Years;
G . The County recognizes and understands that it does not have independent legal authority to
conduct some kinds of community development and housing assistance activities within the
boundaries of the City and therefore , its ability to conduct the CDBG and HOME Programs in
the City is limited by the requirement that it must obtain permission from the City to perform
some of those activities therein, and accordingly, in order for the City to be considered a part
of the urban county and be included in the County's annual request for CDBG and HOME
funds , it is required be the Regulations that the City and the County enter into a cooperation
agreement whereby the City authorizes the County to undertake or to assist in undertaking
essential community renewal and low-income housing assistance activities within the City as
may be specified in the "One Year Action Plan to the Consolidated Plan " (the "Action Plan ")
to be submitted to HUD annually by the County to receive its ann ual CDBG and HOME
entitlement grants ;
H. Under general provisions of Colorado law governing contracting between governmental
entities and by vi1tue of specific authority granted in Part II of Article I of Title 29, C .R.S.,
any two or mor e political subdivisions of the state may enter into agreements with one another
for joint or cooperative act ion and any one or more political subdivisions may contract with
another or with a legal or administrative entity created pu rsua nt to that act to perform any
gove rnmental service, activity or unde1taking which each political subdivision entering into
the co ntract is authorized by law to perfo1m , and
I. According ly, the parties hereto have determined that it will be mutually bene fi cia l and in the
public interest of both parties to enter into this intergovernmental cooperation agreement
regarding the conduct of the County's CDBG and HOME Programs,
THEREFORE, in consideration of the premises and cooperative actions contemp lated hereunder , the
parties agree as follows:
I . By entering into thi s intergovernmental cooperation agreement with the County, the
City sha ll be included as a pa1t of urban Arapahoe County for qualification an d gra nt
calculation purposes upon the qualification by HUD of the County to receive CDBG
and HOME Program entitlements as an urban county for the next three successive
Program Years, May I, 2007 through April 30, 2010. As provided in Section
570 .307 of the Regulations, the qualification of the County as an mban county sha ll
remain effective for three successive grant years regardless of changes in its
population during that period of time and the parties agree that the City may not
withdraw from , nor be removed from, inclusion in the urban county for HUD 's grant
computation purposes during the period of qualification . A fully executed copy of
2
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2.
3.
4.
5.
6 .
this cooperation agreement, together with the approving resolutions of both the City
and the County, shall be submitted to HUD by the County as part of its qualific ation
documentation and the City does hereby give the County the authority to carry out
CDBG and HOME Program activities and projects which will be funded from annual
Community Development Block Grants and HOME funds from grant years 2007,
2008, and 2009 appropriations and from any Program income generated from the
expenditure of those funds .
The City and the County agree to, and shall cooperate in, the execution of CDBG
and HOME Program activities and projects to be conducted or performed in the City
during each of the three program years covered by this Agreement and these
finalized activities and projects will be included in the County's required annual
Action Plan and requests for funds for those program years. The City understands
and agrees, however, that the County shall have final responsibility for selecting the
program activities and projects to be included in each annual grant request and for
filing the Action Plan with HUD on an annual basis.
The parties recognize and understand that the County, as a qualified urban county,
will be the entity required to execute all grant agreements received from HUD
pursuant to the County's annual requests for CDBG and HOME Program funds and
that as the grantee under the CDBG and HOME Programs it will be held by HUD to
be legally liable and responsible for the overall administration and performance of
the annual CDBG and HOME Programs, including the projects and activities to be
conducted in the City . Accordingly, the City agrees that as to all projects and
activities perfonned or conducted in the City under any CDBG grant agreement
received by the County, which includes the City, that the County shall have the
ultimate supervisory and administrative control with regard to the Federal
Regulations and Guideline and conformance to the Subgrantee Agreements.
The City shall cooperate fully with the County in all CDBG and HOME Program
effo1ts planned and performed hereunder and does hereby allow and permit the
County to undertake or assist in unde1taking essential community development and
housing assistance activities within the City as may be approved and authorized in
the County's CD grant agreements, including the Five Year Consolidated Plan (the
"Consolidated Plan"). The City and the County also agree to cooperate to unde1take ,
or assist in undertaking, community renewal and lower income housing assistance
activities, as they may be planned and specified in the County 's Action Plan
s ubmitt ed annually to HUD for the three Program years specified herein and for such
addi tional time as may be requir ed for the expenditure of CDBG funds granted by
the County for s uch activities .
Pursuant to 24 CFR 570 .5 01 (b). the City is subject to the same requirements
applicab le to subrecipients. including the requirement of a written agreement as set
forth in 24 CFR 570.503.
The City und ersta nd s th at pursuant to Section 570.503 of the Re gul ations, it wil l be
necessary for the City to en ter into se parate project agreeme nt s or sub-gra nts in
writing with the County with respect to the actual conduct of the projects and
activities approve d for performance in the City for th e three CDBG Program years
covered by this cooperation agreement and that the funds designated in the County's
Action Plan for those projects and activities will also be funded to the City under
those separate project agreements or sub-gra nt s. Subject to the provisions of
Paragraph 3 above, the City will administer and control the performance of the
projects and activities specified in those separate project agreements, will be
3
responsible for the expenditure of the funds allocated for each such project or
activity and will conduct and perform the projects and activities in compliance with
the Regulations and all other applicable federal laws and requirements relating to the
CDBG Program . The City also understands and agrees that it shall also comply with
the requirements of Section 570.503 prior to disbursing any CDBG funds to the
subrecipient of the City.
7. All CDBG Program funds that are approved by HUD for expenditure under the
County's grant agreements for the three Program years covered by this Agreement,
including those that are identified for projects and activities in the City, will be
budgeted and allocated to the specific projects and activities described and listed in
the County's Action Plan submitted annually to HUD and those allocated funds shall
be used and expended only for the projects or activities to which the funds are
identified . No project or activity nor the amount allocated therefore may be changed,
modified, substituted or deleted by the City with respect to any project or activity
without the prior written approval of the County and the approval of HUD when that
approval is required by the Regulations.
8. Because the City will be included as a part of urban Arapahoe County for the three
CDBG Program years covered by this Coo,peration Agreement, it will do all things
that are appropriate and required of it to comply with the applicable provisions of the
grant agreements received by the County from HUD in which the City is included,
and with the provisions of the Act and all Rules and Regulations, guidelines,
circulars and other requisites promulgated by the various federal depai1ments ,
agencies, administrations and commissions relating to the CDBG and HOME
Programs . In add it ion, the City and the County shall each take all actions necessary
to assure compliance with the certification required of the County by Section 104 (b)
of Title I of the Act , including the National Environmental Policy Act of 1969, T itle
VI of the Civil Rights Act of 1964 , Title VIII of the Civil Rights Act of 1968, the
Fair Housing Act, Section I 09 of Title I of the Act and other laws applicable to the
conduct of the CDBG Program . In addition, the parties hereto understand and agree
that the County may not provide any CDBG funding for activities in, or in support of
the City, if the City does not affirmatively fu1iher fair housing within its jurisdiction
or impedes the County's actions to comply with its fair housing certification .
9. The County and the City each agree to adopt and enforce the following policies :
a) Prohibiting the us e of excess ive fo rc e by law e nfor ce ment age ncies
within its jurisdiction against any individuals engaged in
nonviolent civil rights demonstrations, and ;
b) Enforcing applicable State and local laws against physically
barring entrance to or exit from a facility or location which is the
subject of such nonviolent civil rights demonstration within its
jurisdictio n.
10 . During the period of performance of this agreement as provided in Paragraph 13
below, the City shall :
a) Inform the County of any income generated by the expenditure of
CDBG Program funds received by the City;
4
b) Pay ove r to the Coun ty any Program Income rece iv ed by th e City,
or retain and use that Program Income subject to , and in
accordance with, the requirements and provisions if the separate
CD project agreements that will be entered into between the City
and the County for the actual conduct of the CDBG Program ;
c) Use any Program Income the City is authorized by the County to
retain only for eligible activities in accordance with all CDBG
Program requirements as may then apply and as will be
specifically provided for in the separate CD project agreements
between the City and the County;
d) Keep appropriate records regarding the receipt of, use of, or
disposition of all Program Income and make reports thereon to the
County as will be required under the separate CD project
agreements between the City and the County , and
e) Pay over to the County any Program Income that may be on hand
in the event of close-out or change in status of the City or that may
be received subsequent to the close-out or change in status as will
be provided for in the separate CD project agreements mentioned
above .
11 . The separate CD project agreements or sub-grants that will be entered into between
the County and the City for the conduct of the CDBG Progra m, as mentioned and
referred to elsewhere in this agreement, shall include provisions setting forth the
standards which shall apply to any real property acquired or improv ed by the City in
whole or in pa1t, using CDBG or HOME Program funds . These standards will
require the City to :
a. Notify the County in a timely manner of any modification or
change in the use of that prope1ty from that which was planned at
the time of the acquisition or improvements and this notice
requirement shall include any disposition of such property .
b. Reimburse the County in an amount equal to the current fair
market value of prope1ty acquired or improv ed with CDBG or
HOME funds (less any porti on th ereo f att ribut abl e to ex pendi tur es
of non-CDBG fund s) that is so ld or tra nsfe rr ed for a use wh ic h
does not qua lify un der the Regula tions , and
c. Pay over to th e County any Program Income that is genera ted fro m
the di spos it ion or tra nsfe r of pro perty eithe r prior to , or s ubseq uent
to, any clo se-o ut , change of stat us or terminati on of th is
coo pera tio n ag ree ment th at is appl icabl e.
12 . The C ity, by exec utio n of this agree ment , und ersta nd s th at it may not appl y for
gra nts und er the small cit ies of state CDBG Pro gra ms for appro pr iati ons for gr ant
years durin g th e period in whi ch it is partic ipa t in g in th e urban cou nty 's C DB G
Pro g ram ; and may not partici pate in a HOME co nso rti um excep t through the urb an
county , re ga rdless of wheth er the urban co unty receives a HOME fo rm ula a ll oca tio n .
5
13. The period of performance of this Agreement shall cover three CDBG Program
years, beginning May 151
, 2007, and ending April 30 1
\ 2010. As stated herein,
however, this Agreement is intended to cover activities to be carried out with annual
Community Development Block Grant and HOME funds from grant years 2007,
2008, and 2009 appropriations and shall be and remain in full force and effect until
all projects and activities approved and authorized to be performed and funded for
those grant years have been completed and any program income earned has been
remitted to the County or used by the City in accordance with the criteria described
in paragraph ten.
14. Any changes and modifications to this Agreement shall be made in writing, and shall
be executed by both parties prior to the performance of any work or activity involved
in the change and be approved by HUD if necessary to comply with the Regulations .
15.
a) This Agreement shall be and remain in force and effect for the
period of performance specified in Paragraph 10 hereof and, when
the County has been qualified by HUD as a urban county neither
the County nor the City may terminate this agreement or withdraw
therefrom during that period of performance; provided, however, if
the County fails to qualify as an urban county or does not receive a
CD grant in any year of the three Program years for which it has
qualified , or if any federal legislation should change the
qualification or entitlement status of the County or the City, either
party may terminate this agreement or withdraw therefrom.
b) Failure by either party to adopt amendments to this agreement
incorporating all changes necessary to meet the requirements for
cooperation agreements set forth in the urban county qualification
notice applicable for a subsequent three year period, and submittal
of said amendment to HUD as provided in the urban county
qualification notice will void this agreement.
c) The City understands that the County is subject to budget changes
as a result of federal legislation, and that, in the event of federally
mandated budget changes, the County is not under obligation to
allocate a constant amount of CDBG funds to the City for use in
projects supported by the City . The County, however, agrees to
notify the City of the amount of CDBG funds de s ignated for use on
City endorsed projects within the first quarter of the calendar year
and will not change that designation by more than an amount in
proportion to the federally mandated budget changes imposed by
HUD.
d) If the County qualifies as an urban county and the City is included,
during the three Program years for which the County has qualified,
the parties agree not to veto or otherwise obstruct the
implementation of the approved Five Year Consolidated Plan
during that three year period and for such additional time as may
be required for the expenditure of funds granted for that period .
6
' IN WITNESS WHEREOF, the parties he re to have caused this agr ee ment to be duly authllr ize cl and
executed by each o n the elates spec ifie d as fol lows :
Arapahoe County
Signature---------------
Rod Boc ke nfe ld
Chairman of the Board of County Commissioners
ATTEST :
Signature--------------
Nancy A. Doty
Clerk to the Board of County Commissioners
_City of Englewood __________ _
(The City or Town)
Si gnature--------------
Name _Olg a Wolosyn. _________ _
Mayor
ATTEST:
Signature _____________ _
Na me _Loucrishia A. Ellis, _______ _
City Cl erk
7
' COUNCIL COMMUNICATION
Date: Agenda Item: Subject :
May 15, 2006 9cl Approva l to Waive Banner Permit Fee for
American Cancer Society Relay for Life
Initiated By: Staff Source:
Department of Public Works Rick Kahm, Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
In 2005, City Council waived the banner permit fee for Relay for Life .
RECOMMENDED ACTION
Approve, by Motion, waiving the banner permit fee for the 2006 Relay for Life event scheduled for
June 16"' and 17"'.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The American Cancer Society Relay for Life is planning an event on June 16 and 17, 2006 and have
requested that their $150 banner permit fee be waived.
The City's Street Banner Policy states that banners must be sponsored by a City of Englewood or
City affiliated agency, the Englewood School District, or a Charitable Organization with tax exempt
number. In the past, banner fees ha ve been waive d for the Relay for Life event in 2005, as well as
for other organizations such as the Taste of Englewood and the Old To wn Englewood Merc hants
Car Show and Side wa lk Sale .
The Relay for Life banner is scheduled to hang at the banner pole location near th e Kaiser building
from Jun e 5th to June 19 th.
FINANCIAL IMPACT
Staff time and equipm ent expenses for hanging and removing the banner are available in th e
Genera l Fund budget.
LIST OF ATTACHMENTS
C py of Str ee t Banner Application
•
•
CI TY OF E NGLEWOOD
APPLICATION/PERMIT
for
STREET BANNER
Organ ization~ .(21 ~ ~ ~
Address .505 E. K..eaJtfSYt 0.-<..Jg
Tax-Exempt ID No. g4 -( 3 J /a 5 SS
Contact PersonJ~cj ~
....
Phone: 7 ··~ 7 / -/,zQ Q work ---------
Date of event: 0 Lli 1o -to /17 lo le I I I I
Banner placement dates :~ 5 }
from ---"-o_,/_~__._' _,_, __;;...0 -=-,..(e ____ _
through ro / / 0 /otQ
home
Applicant / . / /
signa tu re [ ·Ju QI::_ Date.5' j/Oj(){f)
Apf;!pved-m::: ---.
Director ~arks
Permit Fee : $150.00
Note : Non -City organization applications shall be accepted no more than forty-five (45) days
prior to installation , and banners shall not be installed more than 30 days before an
event. Banners shall be displayed for a period not to exceed 30 days .
Banner App
9/16/03
• COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
May 15, 2006 9 C ii Citywide sidewalk sales events on
June 3, 2006 and September 9, 2006
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, June 3, 2006 and September 9, 2006 as the dates
for this year's citywide public sidewalk events.
BACKGROUND
Prior to the passage of Ordinance 47, Series of 2000, sidewalk sales were prohibited under Title 11,
Chapter 3, Subsection 3 of the Englewood Revised Municipal Code, which prohibits obstruction of
highways and public passages . Ordinance 47, Series of 2000, prov ides an exception for public
sidewalk sales . The City Policy established for public side wa lk sales allows for such sales to be
c onducted only in co njunction with a City authorized public sidewalk sales event. The dates of
Saturda y, June 3, 2006 and September 9, 2006 ha ve been proposed for publi c sidewalks sales
eve nts through di sc ussions among th e Old Town Englewood Merc hants ' Asso cia tion , the Greater
Englewood Chamb er of Commerce, and th e Alliance for Commerce in Englewood . .,.
FINANCIAL IMPACT
None
LIST OF ATTACHMENTS
None
COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
May 15, 2006 9ciii Purchase of Flusher/Vacuum Truck
Initiated By: Staff Source:
Utilities Department John Bock, Utilities Manager of Administration
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council approved purchase of a Vaccon flusher truck in August, 1995 in the amount of $142,750.
Council approved the purchase of a Vactor flusher truck in January, 2003 in the amount of
$143 ,364.
RECOMMENDED ACTION
At their April, 2006 meeting, the Englewood Water and Sewer Board recommended Council
approve, by Motion, the purchase of a sewer line cleaning/vacuuming machine (vactor truck). Staff
recommends awarding the bid to Williams Equipment in the amount of $149, 600.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The proposed combination cleaning/vacuuming truck is designed to simultaneously clean and
remove all liquids and solids from sanitary sewers , storm drain lines and other conduits. This piece
of equipment is necessary for routine and emergency sewer line maintenance and will be replacing
the existing outdated unit. This is part of the planned CERF replacement program .
The ·proposed combination flushing/vacuum truck that is being requ es t e d will allow th e crew t o
remove the blockage at th e first point of con tact rath er than ha ving to flush the debris to the
nearest trunk line. The proposed truck wi ll allow removal of the blocking so lids at th e point of the
probl em rather than going through the entire system to the treatment plant.
Reques ts for Bid were sent to thre e ve ndors for a sewer line cleaning/vacuuming ma chine .
Two respo nses were recei ve d.
Williams Equipment Company
Bo y le Equipment Company
$149,600
$177,230
Tom Br ennan , the Utilities Engineer, d etermined that Williams Equipment is th e lowes t, t ec hni ca l!
ac ptable bidder.
FINANCIAL IMPACT
Williams Equipment Company is the recommended bidder at $149,600.00. The new
vacuum/flusher truck will replace unit #1352 , which is a 1995 Ford L8000.
This is a normal CERF replacement, with funds available in the CERF fund and approv ed in the 2006
budget.
LIST OF ATTACHMENTS
Bid Proposal Tabulation
City of E,.: -awood Bid Tabulation Sheet
Bid Opening : 4/20 /0610 :00 a.m.
ITEM: IF B-06-118, Combination Vac/Clean i ng Machine
Vendor
Parts I Shop Service I Less Trade
Qty l Va c Truc k I Manual Manual in
Williams Equipment
Mike 303-573-0149 00.350.00 N/C I$ 250.oo I $ (60,000.00)1 $
Henderson, CO 80640
1 I $ s s $
1 I S 207,230.00 N/C N/C I $ (30,000.00)1 $
1 I S $ s $
1 I $ $ $ $
1 I $ $ $
Total Bid IExceptlons:
See Bid documents for specifiactions
149,600.00
177,230.00
y
(
COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
May 15, 2006 9 C Iv Water Meter Purchase
Initiated By: Staff Source:
Utilities Department John Bock, Utilities Manager of Administration
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council approved the 2005 meter purchase in the amount of $76,785.10 at their March 21, 2005
meeting.
RECOMMENDED ACTION
The Water and Sewer Board, at their April 11, 2006 meeting, recommended Council approve, by
Motion, the purchase of water meters and yokes from National Meter and Automation, Inc. in the
amount of $51,331.40.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Utilities Department purchases water meters nee ded for an entire yea r by requesting o ,i e large
bid proposal for additional cost savings .
The Utilities Department is converting the metering system to the ITRON Automatic Meter Reading
System . All meters and registers purchased w ill be com patible with the ITRON Sys tem . A portion
of these meters will be resold to Englewood customers for new installations as part of the flat-rate-
to-meter conve rsion process . Some of the meter stock w ill be used to replace inactive or poorly
functioning meters and to conve rt existing meters t o the ITRON system.
FINANCIAL IMPACT
Englewood's meter order is being placed in conjunction with Den ve r Water Board 's order to
ensure the best quantity price. Nati onal Meter and Automation 's bid is $51,331.40 for meters. Of
this amount, approximately $19,000 wil l be resold to Englewood customers for flat-rate to meter
c onversions.
The Utilities Department's meter specifications stated that only Badger and Sensus water meters are
approved for bid. In the past, anoth er company th at quoted lower prices was tried . It was found
that the resulting problems and repairs overrode the lower bid. It was specified in the specs th at if
o th er manufactures wan t to be on the approved equipment bidder list, samples must be submitted
for field t es ting over a fiv e yea r period.
There is money budgeted for these meters in the 2006 Budget.
LIST OF ATTACHMENTS
Letter
Bid Proposal Tabulation Sheet
ri{a:-:,,,7'i::.t-..,,"'-_ ?i National Meter & Automation , Inc . 1
1
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if."" · ··'i,}:~t~t": ·"ii' i 9800 E Easter Ave, Suite 130
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;;-:,.~j ~.--.:;,--::;-~~n Centennial CO 80112 l, •t,:..f. " , • 'o/;f"• · -·~ I
l:if..tik)s~:::·'\;i.,,. · Phone : (303)-339-9100 Fax : (303) 649-1017
To : City of Englewood
Mr. Randy Pierce -Field Services Coordinator
Dear Mr. Pierce :
This letter will serve to confirm that National Meter & Automation will hold firm the pricing offered to the City
of Englewood in calendar year 2005 thru December 31 , 2006 . This pricing is offered for Badger Meter's in sizes
5/8 -2" both with and without Itron ER T's .
Thank you for your consideration in this matter .
Frank Milliron
Vice-President
N ational Meter & Automation, Inc
j:
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I
3036491017 To:303 783 6894
RIO PROPOSAL
AlJTOMATF.O WATF.R MF.TF.RS-20~6
1£st. Q'J'Y Si7;c Dc8cription
EHt:h Price
48 S/8" Meler Bodies
$ 45.00
20 5/8" RTR ·w/inline connector
$ 85.00
242 3/4" Meler Bodies
$ 70.20
l.42 3/4'~ lntegra.1 Modufo/crt
$125.00
20 I" Meter Rodit!s
$150.00
IO l " Integral Module/en:
$145.()()
10 1" RTR w/inline connector
$10.5.00
5 1.5" Meter Bodies / Disk lypc
$375.00
3 1 s· RTR w/inline connector Disk tYPc
$i40.00
60 Badger pit ert w/inline connector
$ 82.30
TOTAL Brn
Please indicate the Manufacturer: Badger Meter Int.
Does your company accept payment in the form of a crcdi t cartl? Ye:; X No~ .. ·-
Estimated date of Delivery: ____ Stock to 4 Week.ii ___ -,-.._... .._
ALL MAT.ERJAL F.O.D CITY OF ENGLEWOOD
Meter Shop
1500 W Layton St
Englewood, CO 80110
TNVOJC[NG TERMS: ..... _Net 30 ___ _
PRJCE QUOT!-: FIRM FO.R 60 DAYS.
Extended
Amount
$2,160.00
$1,700.00
$Ui,<>R8.40
$17,750.00
s 3.ooo.oo
$1,450.00
$ 1,oso.00
$1,875.00
s 420.00
$4,938.00
151.331.40
EXCEPTIONS : This bid reflects the same pricing for the City ofEngfowood as was given in
200S under that ~ars hid pruposid ancf ;iwardcd to National Meter & Automntion.
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• -• _....,.,.. ,1,,1,;1:1r ,.rom:NMAAI
3036491017 To:303 783 6894 P.3-'3
Date --..... __ April 4, 2006 ______________ _
~~~;~P-R_l_N_T_) -,-Jlo~bert;:•~II ~
Sign.arurc ~ ~ ------,-..........oe...a..ca..._~~_..;..;;.--"------
Title Chief lnfonnation Offfoer ------------
Ct)mpany ____ National ~1'ctcr & Automation, Inc. ________ _
Address _____ 9800 E Easter Ave, Suite I 30 Centennial, CO t<O l 12. __ _
Telephone .. .. .. .. (303)339-9100 _____________________________ ~---
Fax (303) 649-1017 -----------------
}> 2 / 2
C
COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
May 1 5, 2006 9cv Lar ge W at er Met er In stall ati o n
Initiated By : Staff Source:
Utiliti es D e partm ent Jo hn Boc k, Utiliti es M anager of Adm inistrati o n
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
On Jul y 18, 2005 Council approv ed the purch ase o f water m et ers an d yok es fro m Na ti o nal M et e r
& Automation in the amount of $151 ,465 for a three y ear large meter repla ce ment program.
$41 , 165 w as used in 2005. Council also approv ed a bid from National Meterin g Ser v ic e in the
amount of $35 ,660 plus for val v e w ork to in stall the lar ge c omm ercial meters.
RECOMMENDED ACTION
Th e Water and Se we r Board , per a phone vo t e o n April 2 8, 2006, reco mm end ed C o un c il approva l,
by Motion, the bid for National Metering Services, Inc. for labor and parts, per unit, to change out
the remaining large meters, per the attached "Bid Proposal for Large Meter Upgrade Program" in
the appro,dmate amount of $70,000 to $74,000. The actual meters are being purchased through
National Meter & Automation for $69,460. (See attached Memorandum).
It is th e goa l of th e Uti liti es D ep artm ent t o co mpl et e ch an gin g out th e la rge m et ers in 20 0 6 t o
p rov id e m o re acc urate fig ures for th e Distributi o n Mod elin g Pr oj ec t, m a nd ated by th e Stat e.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Util i ti es D epa rtm ent is in th e process of updat i ng exis t i ng m eters t o i nco rpora t e el ec t ro nic
t ra nsm itte r systems (E RT ), w hi c h ar e compatib l e wi th o ur bi llin g sys t em and wi ll ma k e m et e r reading
more efficient and safe. Th is wi ll redu ce needed manpowe r fo r m et er read ing and dec rease on-th e-
job injuries. Man y commercial meters in Englewood are over 1 5 yea rs o l d and as large meters age,
th ey become inefficient and slow down, causing a loss in re ve nue. AWWA standards recommend
th at larger meters be tested every three yea rs and replaced every ten years.
The large meter rep lacement program is replacing the larger meters ( 1-1 /2" t o 6"), with the firs t
phase co mple ted in 2005. Badger me ters are being used t o maintain consis t ency wi t h exis t i n g
meters and as m eters are pulled, they will be tested for accuracy and to determine loss . By ha v ing
ational Metering Service provide labor for rep lacing th ese larger meters, installation can be
o mpl et ed in a hart amount of time and begin more accurate readings on the larger wat er users .
The n ew m ter wi ll ha e t es t plugs that will allow p riodic a curacy testing, mee t ing AWWA
t e ting sp ifi iltions. D n er has instituted this large meter repla ce ment program and found that
t h L· majorit oi th ir initial os ts were recov r d the first yea r. Approximatel y 100 meters a yea r ill
be hang d ou t and updat d wi th th radio frequency read-outs.
National Meter & Automation, prov iding the meters, is located in Centennial, and is the onl y Badger
water meter distributor in Colorado. National Metering Services, prov iding the meter installation
portion, is located in Kearney, New Jerse y and completed a job in 2005 in Broomfield. Upon
checking, Broomfield provided excellent references . National Metering successfull y completed the
2005 large meter replacement program for Engle w ood.
FINANCIAL IMPACT
For the meter portion, National Meter and Automation has agreed to honor the 2005 prices, w ith a
bid for the large meters and parts in the amount of $69,400.
For the installation portion, the bid is approximately $51 ,520 from National Metering Service.
Because of possible valve replacement that may be necessary once the crew is on the job, there
are variables in the labor amount which does not include the val v es . It is anticipated that 110
valves will need to be exchanged during the Q-2 phase. At a cost of $175 to $3 7 5 per v alve, they
will be replaced on a case-by-case basis. It is estimated that an additional $19 ,000 to $22 ,000 will
be needed for meter valve installations, making the final bid approximatel y $70,000 to $74,000.
This bid includes National 's testing of each old meter for accuracy as they are pulled. This will be
done either in the field or at National's field office.
A total of $151 ,465 w as approved July 18, 2005 for the three year program ($41 ,165 was used in
2005.) Funds were budgeted for the meters and installation i n the 2006 Budget.
LIST OF ATTACHMENTS
Proposal Tabulation Sheets
Memorandum dated March 2 7, 2 006
(
Memorandum
To : Don Clark-Purchasing Administrat or
From : Randy Pierce -Field Services Coordinator
Dat e : March 27 , 2006
·-
Subject: Large Meter Order Account fund 40-1607-61301
Source : National Meter & Automation (city approved pricing for the 3 years)
I would like to place a large meter order for the update of all large meters within the Englewood water
system . This order will finish up the last two areas within the city . The Utilities did budget for this over
a 3 year period with 2005 being the first of the three years .
The utilities department is asking in May 06 to approve a distribution modeling study of the water
mains . Having all the large meters changed out at this time will be very beneficial in this study to have
actual flow rates of all the 1.5" and larger meters .
ALL Pit and Remote will be with 1 O' wire leads
58 = 1.5"Badger meter body w/RTR inline connect w/ pit ERT@ $385 .00 =
42 = 1.5" Badger meter body w/register remote ERT@ $375.00 =
25 = 2" Badger meter body w/RTR inline connect w/pit ERT @ 505 .00 =
12 = 2" Badger meter body w/register remote ER T @ $495. 00 =
1 = 2" Badger compound meter body w/register remote ERT@ $1 ,475 .00
2 = 3 " Badger turbo met er body w/RTR inline connect w/pit ERT @ $9 30 .00
1 = 3" B a dger turbo meter bod y w/register remot e E R T@ 9 15 .00 =
8 = 3" Badger turbo RTR w/pit ERT (no body)@ $185 .00 =
4 = 3" Badger turbo w/register remote ERT@ 185 .00 =
1 = 4" Ba d ger turbo RTR in Jine connect w/pit E R T (no bod y) $1 95 .00 =
2 = 4 " Badger turbo w/regis ter remote ERT (no body)@ $1 95 .00 =
2 = 4 " Badger compound meter body w/register remo t e ER T@ 1290 .00 =
1 = 6" Bad ger Turbo meter body w/register remote ER T @ $3 ,180 .00 =
Total
$2 2,330 .00
$15 ,750 .00
$12 ,625 .00
$5,940 .00
$ 1,475 .00
$1 ,860.00
$ 9 15 .00
$1,480.00
$ 740 .00
$ 195 .00
$ 390 .00
$2,58 0 .00
$3 ,180.00
(
NATIONAL lVIETERING SERVICES, INC.
Englewood, Colorado
PO B0X49I, 163 SCHUYLER AVENUE
KEARNY , NEW JERSEY 07032
PHONE: 201-246-1115 FAX: 201-246-1831
,vwv.1 .nm s ni .co m
2800 South Platte River Drive
Englewood , CO 80110
Re : NMS Bid Proposal for Large Meter Upgrade Program
We want to take this opportunity to thank you for your business last year and to state that it is our
pleasure to extend our 2005 pricing to the 2006 year.
Sincerely, 0;~10-#~L
Yong Han
VP Sales & Marketing
BID PROPOSAL
FOR
LARGE METER UPGRADE PROGRAM
National Metering Services, Inc.
Box 491 , 163 Schuyler Avenue
Kearny , New Jersey 07032
2006
Pl ease price on a per meter installation basis (including labor), keep in mind that all
appropriate plumbing between the inlet and outlet vales must be replaced . Englewood
Utilities provides only the vales, meter, nuts, bolts and gaskets .
Meter installation
hem Description Price per Unit
I. 1-1/2" Meter with pit erts $ I 7 5 . 00
2 . 1-1/2 ' Meter with remot e erts $ 265 .00
3 . 2" Meter with pit erts $ I 75 .00
4 . 2" Meter with remote erts $ 265 .00
5 . 3" Meter with pit erts $ 900 .00
6 . 3" Meter with remote erts $900 .00
7 . 4" Meter with pit erts $ I 200 . 00
8 . 4" Meter with remote erts $1200 .00
9 . Property Line Valve/Curb Stop for 1 1/2" $ 175 .00
IO . P ro perty Li ne Valve/Cur b Stop fo r 2" $ 225 .00
11 . P ro perty Line Valve/Curb Sto p for 3" $ 375 .0 0
12 . Pro perty Li ne Va lve/Curb St op for4" $ 375 .00
13 . Ad ditional plumbi ng work or alterat io ns
required per mechan ic . $ 75 .00 h r .
COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
May 15, 2006 11 a i Case ZON 2006-0000 1 South Penns ylvania Street
Senior Housing Plann ed Unit Development
Initiated By: Staff Source:
Dawn Shepherd, Englewood Housing Authority Tricia Langon, Senior Planner
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
There has been no previous Council action concerning this matter.
PREVIOUS PLANNING COMMISSION ACTION
The Planning and Zoning Commission considered an application by the Englewood Housing
Authority (EHA) for the South Pennsylvania Street Senior Housing Planned Unit Development
(PUD) at a Publi c Hearing on April 18, 2006. The Commission considered public testimony from
interested parties and voted to forward the PUD to City Council with a recommendation for
approval with the following conditions:
I . Prior to being forwarded to City Council , the following adjustments shall be made to the
application:
a. Vicinity map on sheet PUD1 be redrawn to demonstrate the location of the
parking area on the west side of South Pennsyl v ania Street,
b. Front and Rear setbacks be established on sheet PUD 3 for the western parcel,
2. Prior to issuance of any Building Permits the three properties on the east side of South
Penns y lvania Street b e combined into a single parcel pursuant to City of Englewood and
Arapahoe County requirements,
3. Traffic Engineer r view again the potential for a mid-block crossing, and
4. Re h k th e ubmitted plans for co nsist ency of numbers on all sheets.
CONDITION RESOLUTION
about to use the crosswalk would also have limited visibility to see turning vehicles . Additionally, a
mid-block crosswalk would require no parking areas on both sides of the street which would further
limit the number of on-street parking places available to the neighborhood. If warranted due to
accident history, this issue can be reevaluated in the future.
RECOMMENDED ACTION
Staff recommends that Council adopt a Bill for an Ordinance approving the proposed South
Pennsylvania Street Senior Housing Planned Unit Development and set June 5, 2006 as the date for
a Public Hearing to consider testimony.
BACKGROUND
The four properties subject to this PUD application total 0.81 acres and are located at the northeast
and northwest corners of South Pennsylvania Street and US Highway 285. The subject property is
zoned MU-R-3-B: Mixed-Use Residential/Limited Office-Retail District and surrounding properties
include a mix of single-unit, duplex, and multi-unit uses along with commercial and professional
office uses .
In late 2005 the Englewood Housing Authority presented a concept plan to Community
Development for an affordable senior housing development. As required by PUD regulations, the
applicant presented a preliminary plan at a neighborhood meeting on January 19, 2006. The
applicant submitted the formal PUD application on March 3, 2006, w hich was reviewed by the
City's Deve lopment Re view Team. The District Plan and the Site Plan ha ve been combined and
submitted as one document for concurrent review, as provided for in the PUD Ordinance.
PUD OVERVIEW
The Planned Unit Deve lopment is a rezoning process that establishes zoning regulations and site
plan criteria to specific properties to meet the needs of a particular deve lopment proposal that ma y
not be accommodated wi thin existing zoning regulations . Under current MU-R-3-B regulations , the
site may be developed at a density of 1 7 residential units, and service units or facilities (i.e.
com mercial uses) for the convenience of tenants are allowed.
The Englewood Housing Authority proposes to construct a 62 unit residential deve lopment
designed for age and income qualified seniors. The independent, non-assisted living facility is
expec t ed to fill the gap between subsidized (i.e. Orchard Place) and pri va te senior facilities (i .e.
Meridian). The proposed five-story building will be located on the east side of South Penns y lva nia
Street and ha e 40 one-bedroom and 22 two-bedroom units on floors two through five . At-grade
parking is proposed on the first floor (39 spaces) with an additional twenty (20) parking spac s
proposed in a surface lot loca ted across South Pennsylvania Street.
Th west parcel is currently proposed to be a surface parking lot. The PUD requ sts appro al for
future use of this parcel for B-1 mixed-use commercia l uses . This r quest is b ing mad at th
b h st of th Community D elopmen t Department to pro ide for future fl ibility in u . The
par el is adj en t t o th B-1 Mi ed-Use Commercial Distri t to th we t. Be au of thi par l's
lo ation on S High\ ay 285 , good planning pra ti e ugg st mixed-u is ppropri t at thi
2
FINANCIAL IMPACT
By Ordinance (8 -1-5 EMC) the Englewood Housing Auth o ri ty is exe mpt fro m all Buildin g Permit
fees. The amount of the exemption is based on proj ec t va lu ati o n and w ill not b e determin ed until
submittal of the Building Permit application . By Resoluti o n No. 48, Co un ci l wa ive d deve lopm ent
f ees of approximately $1 ,800 imposed by Title 16 reg ul ati o ns a so ia ted w ith th e PU D.
LIST OF ATTACHMENTS
Staff Reports: April 18, 2006
Planning and Zoning Commission Findings of Fa c t
Bill for Ordinance
Exhibit A : South Pennsylvania Street Senior Housin g
3
l
'' C T y 0 F ENGLEWOOD
COMMUNITY DEVELOPMENT
TO: Planning and Zoning Commission
THRU:
FROM:
DATE:
SUBJECT:
APPLICANT:
Robert Simpson, Director, Community Development
Tricia Langon, Senior Planne.1>
1
...... 'j_./
April 18, 2006
Case ZON2006-00001 -Public Hearing
South Pennsylvania Street Senior Housing Planned Unit Development
Dawn Shepherd
Englewood Housing Authority
3460 South Sherman Street
Englewood, Colorado 80113
PROPERTY OWNER:
Englewood Housing Authority
3460 South Sherman Street
Englewood, Colorado 80113
PROPERTY ADDRESSES:
3566, 3578, 3580 and 3597 South Pennsylvania Street.
REQUEST:
The applicant has submitted a Planned Unit Development (PUD) application to rezone the
property from MU-R-3 -B Mixed-Use Residential/Limited Office-Retail District to Plann ed
Unit Development.
LEGAL DESCRIPTION:
See Planned Unit Dev elopment application and District Plan .
ZONE DISTRICT:
MU-R-3-B: Mixed-Use Residential/Limited Office-Retail District.
RECOMMENDATION:
The Departm ent of Community Development recommends that the Planning and Zoning
Commission approve the proposed South Pennsylvania Street Senior Housing Planned Unit
D ev e lo pment with the following condition s:
1. Prior to being forwa rded to City Council the following adjustments shall be made to
the application :
a. Vicinity map on sheet PUD 1 be redr awn to demonstrate the location of the
parking area on the west side of South Pennsylvania St reet, and
b. Front and Rear setb acks be establish ed on Sheet PUD 3 for the we st ern
parcel.
2. Prior to issuance of any Building Pe rmits the three properti e s on the east sid e of
South Pennsylvania Street be combined into a single parcel pursuant to City of
Englewood and Arapahoe County requirements .
PROPERTY LOCATION AND SURROUNDING LAND USE:
The four properties subject to this PUD application total .81 acres and are located at the
northeast and northwest corners of South Pennsylvania Street and US Highway 285 . The
three parcels on the east side of South Pennsylvania Street contain .58 acres and include a
vacant lot and two single-unit residential stru ctures. Th e west parcel contains .2 3 acr es and
includes a duplex residential structure and garage .
The PUD site is one block south of Swedish Medical Center. The surrounding area to the
nf")rth , east and south is z oned MU-R-3-B and includ es a mi x of single-family, duplex, and
multi-family uses along with commercial and professional office uses . The area to the west
is zon ed MU-B-1 Business District and includes commercial and office uses .
BACKGROUND:
The subject site was originally zoned R-2, Residence District in 1940. The area was rezoned
in 1955 to R-2 -A, Two Family Residence District; in 1963 to R-3-A, Multi-Family Residence
Di strict; and in 19 75 to R-3, High Density Residence District. In 2004 with the adoption of
th e Unified Development Code (UDC) the District was renamed MU -R-3 -B and maintained
its hi gh d ensity de sign ation .
The Engl ew o od Hou sin g Autho rity p rese nted a c on ce pt pl an to Co111111 unity D evelopm ent
for an affordab l e senior housing deve lopment in late 2005 . On Janu ary 19, 2006 the
A uthority hosted a pre -submittal neighborhood meeting as required by t h e PUD Ordinance .
Th e forma l Sou th Pennsy lva nia St r eet Senior Housing PUD app licat i o n w as submi tted on
Ma r ch 8, 2 006 and was reviewed by the City's Deve lopment Review Team . The District
Plan and the Site Plan have been combined and su b m i tt ed as one docurn ent for co ncurren t
revi ew, as prov ide d fo r in t he PUD O rdin ance . An O verall Conce pt Pl an (O C P) w as no t
req uired as par t o f t hi s submitta l base d on a Commu nity D eve lop m e nt D epa rt m ent po li cy
p r epared fo ll owing the February 2006 City Cou nci l eco nom i c deve lo p me nt retrea t. Tha t
po li cy holds t hat submi tta l of an OC P i n con juncti o n w it h a PUD rezo nin g app licatio n is
red und ant, time consuming and costly to the appli cant, duplicates review work fo r City
sta ff, dlld is counter to City Counci l's objection of enco u raging eco nomic growth in the
ity.
l
NEIGHBORHOOD MEETING SUMMARY:
Pursuant to PUD Ordinance regulations t he applicant is requir ed to co n duct a
neighborhood meeting to gather citizen input regarding the proposal before the fo rmal
PUD application is submitted to the City. Notice of the pre-application neighborhood
meeting was mail ed to owners of property within 500 feet of the site . The meeting w as
held on Thursday, January 19, 2006 at the Malley Senior Center. Ms. Dawn Shepherd,
Ex ecutive Director of the Englewood Hous i ng Authority, along with Mr. Henry Burgwyn of
Burgwyn Co. LLC, and Mr. Otis Odell and Mr. Lee Mason of O d ell Archite cts addre sse d
questions and concerns raised by two South Pennsyl vania Street res idents who attend ed
the meeting. Issues focused on the curr ent c ondition of the pro perty and bulk and
appearance of the prop os ed residential stru ct ure .
PUD OVERVIEW:
The Englewood Housing Authority proposes to con struct a si xty-two (6 2 ) unit residential
development designed for age and income qualified seniors. The independent, non-
assisted living facility is expected to fill the gap between subsidized (i .e . Porter Place) and
private senior facilities (i.e. Meridian). The proposed five story building will be located on
the east side of South Pennsylvania Street and have forty (40) one-bedroom and twenty-two
(2 2) two-bedroom units on floors two through five . At-g rade parking is proposed on the
first floor (39 spaces) with an additi onal twenty (20) p arki ng spac es pro pose d in a surface
lot located ac ross South Pe nnsylvania Str ee t.
The m ass of the building will be pulled ba ck fr o m US Hwy. 28 5 and a tw enty-seven fo ot
wide garden/buffer ar ea will be provided for the residents . Building materials will inclu de
brick at pedestrian levels and at architectural features . The intent is to break up the mas sing
of the building by using changes in texture and materi als to create the f e el of multiple sm all
buildings that appear attached. The building will be "stepped down" from west to eas t,
with a courtyard for residents on the second floo r.
Th o u gh multi -unit res id enti al use is allow e d in t he M U-R-3-B z on e dis tric t t he re qu es t to
rezo ne th e site is necessa ry to per mit th e foll owing mod ifi cati o ns t o exis ti ng sta nda rd s:
1. In cre ase in numb e r o f allowed res id enti al uni t s;·
2. Reduction i n se t backs, and
3. MU-B-1 zone district commercial uses on the western parcel adjacent to existing
MU-B-1 zone district.
ANALYSIS:
The Planned Unit Development is a rezoning process that establishes zoning standards and
site p lanning criteria of a site in orde r to meet the needs of a specific development proposal
that may not be accommodated within existing zoning deve l opment regulations. A PUD
rezoning provides the opportunity for unified development contro l for multiple properties
or multiple us es. A PUD rezoning provides flexibility and diversity in land planning and
d eve lopm en t.
The PUD is composed of two parts: a District Plan and a Site Plan . The PUD District Plan
es tabli shes the zoning regulations for the newly created zone district. These zoning
3
regulations control permitted uses within the PUD, density, and development standards
including setbacks, height, landscaping, parking, signage and fencing. The District Plan also
addresses general project notes and PUD modification p rocedures . The District Plan is
coupled with a Site Plan that specifies the general site design and requirements of the
proposed development. The South Pennsylvan ia Street Senior Housing PUD District Plan
and Site Plan have been combined and submitted as one document for concurrent review.
The following zoning analysis compares the South Pennsylvania Street Senior Housing
PUD's proposed standards to existing MU-R-3-B zone district st andards.
Permitted Uses:
PUD MU-R-3-8
Multi-unit residential dwelling Permitted
Surface parking area Conditional
Home occupations Permitted
Parking Garage Conditional
MU-8-1 Commercial (only on the parcel Commercial service uses including, but
on the west side of South Pennsylvania are not limited to, barber or beauty
Street) shops, gift shops, coffee shops, and
dining facilities for the conveni ence of
the t enants .
De 't nsitv:
PUD MU-R -3-B
62 units ( on east parcel) 1 7 units on east parcel
3 units on west parc el
T he PUD propos es a ma x imum o f 62 residential un its establishi n g a r esidential den si ty
of 7 7 units p er ac re.
Se tbacks :
A setback is the mi nimum di stance a structure must be located fro m a property l ine .
Mi nimum setb acks are shown on the proposed site pl a n (PUD-3 ).
PUD Eas t Parc el PUD West parce l MU-R-3-B
Fro nt 10 f ee t (S ee Conditi o n 1 b ) 1 5 fee t
Rea r 5 f eet (S ee Conditio n 1 b) 25 fee t
Sid e (north) 5 f ee t 6 in c hes 4 f eet 1 5 feet
Si d e (so uth) 10 f ee t 8 f eet 1 5 f ee t
4
l
Bu ilding Height: (See PUD-3)
PUD MU-R-3-B
60 feet 60 feet
Accent wall up to 62 feet Spires, belfries, steeples, and elevator
penthouses to extend up to 18 feet
above the maximum height
..,l air tower for roof access 64 feet (See above)
Roof top mechanical equipment will be
screened by parapet wall
Lan dscaping : (See PUD-7)
PUD MU-R-3 -B
39% of total land area {13,639 sf) 25% of total land area (8,770 sf)
12 trees on site 12 trees
72 shrubs 60 shrubs
16 trees in right-of-way 21 trees in right-of-way
A conceptual landscape plan is included as part of the submittal. Final landscape plans
will be based on final architectural plans and will be submitted as part of the permit
process.
Fencin : (See PUD-4)
PUD MU-R -3-B
Per En lewood Munici Jal Code Per Enalewood Munici Ja l Code
Sig nage: (See PUD -4)
PUD MU-R-3-B
Number allowed 3 East Parcel : 2
West parcel : 2
Max imum Area 32 sf (each) 32 sf (each)
Sign Type Englewood Municipal Code En gl ewood Municipal
Code
Pa il ' ·ong :
PUD MU-R-3-B
47 reside nt spaces 3 1 resid ential spaces
12 gues t spaces 12 guest spaces
3 h a nd ica p accessib le spaces 2 handicap accessib le spaces
5 bicycle parking spaces 3 bicycle parking spaces
Firs t floor parking wi ll be screened by the building and screening wa ll. Snow storage is
provided on the western parking area site.
5
------------------·---
Traffic:
Traffic Division reviewed the PUD proposal and determined no modifications to existing
intersections or roadways was required and that the level of traffic generated by the
proposed use did not warrant a Traffic Study .
Shadow:
A shadow study was not required as part of the application as the proposed ma x imum
building height within th e PUD is the same as the MU-R-3-8 maximum building height
standard. The City does not currently regulate solar access or shadow regulations.
Utilities:
Adequate City of Englewood water and sanitary sewer services are available to the site.
Drainage:
Engineering staff has reviewed and conditionally approved the Preliminary Drainage
Report. A Final Drainage Report will be required as part of the Building Permit
application.
PUD Modification Procedure :
Modifications to the PUD are allowed pursuant to the modificatio n p roced ures of Title
16: Unified Development Code under which the PUD was sub111itted. Major
modifications to either the District Plan or Site Plan may only be made through the
same public process under which the PUD was approved. Limited minor modifications
to the District Plan may be approved by the City Manager or clesignee for technical
reasons. Limited minor modifications to the Site Plan may be approved by the City's
Development Review T earn .
Other:
Conceptual elevation renderings indicating the general architecture and materials to be
used in the development are included in the PUD for illustrative purposes only. Final
architectural design elevations, material and color boards will be submitted as part of
the permit proc ess.
SUMMARY:
Englewood's built-out urban environ111ent presents develop111ent cha ll enges for the City
including physical limitations to growth, a need for more diverse housing stock, and a need
to main t ain and develop co111111unity vitality. The Englewood Comprehensive Pl an speaks
to revitalizatio n, redevelopment an d reinvest111ent to address these c hallen ges. The City
mus t provide oppo rtunities for deve lop m ent of high quality projects that will ho ld value for
th e City over time as well as provide n eeded services to citizens.
The South Pennsylvania Street Senior Housing PUD i111p le111ents flexible site deve lopmen t
opportuniti es through creative and innovative design and development without sacrificing
traditional zoning objectives o f health, safety and welfare of t he community. The PUD
1 rov ides for future commercial develop111ent of the west parcel which is an appropriate
dcv lopme nt option since it is adjacent to the e isling MU-B-1 business zone and fronts on
6
( US Highway 285, The PUD furthers the City's revitalization goals, fills a need ed housing
gap for seniors, and helps establish a new standard for future development in the City.
Community Development Department believes the proposed South Pennsylvania Street
Senior Housing Planned Unit Development achieves these objectives and therefore should
be recommended for approval with the above stated conditions.
PLANNED UNIT DEVELOPMENT CONSIDERATIONS:
The South Pennsylvania Street Senior Housing Planned Unit Development application was
submitted under provisions of 7 6-2-7 Official Zoning Map Amendments (Rezonings) of the
Englewood Municipal Code. When considering the Plann ed Unit Development
application, the Commission's recommendation shall include written findings on each of the
following points:
7. The application is or is not in conformance with the Comprehensive Plan and this Title.
The proposed South Pennsylvania Street Senior Housing PUD application is in
conformance with following housing objectives identified in Roadmap Englewo od:
2003 Englewood Comprehensive Plan:
Obj . 1-2 "Encourage housing that serves different life-cycle stages ."
Obj . 1-3 "Encourage housing investments that improve the housing mi x,
including both smaller and larger unit siz es , and a wid e r range of ho using t y p es,
including single-family, duplex, town home and c ondominium units."
Obj. 3-1 "Encourage mixed-use developments that include both hous i ng and
business and employment opportun ities."
2 . The application is or is not consistent with adopted and generally accepted standards o f
development in the City.
Th e propo sed South Pennsylvan ia Str ee t Sen i o r Housing PUD appli cation is i n
co nform a nc e with ado pted and ge n erally accepte d st and ard s of d ev elopm ent i n the
C ity as ev ide nced by :
A ll req ui re m en ts of th e app li cat ion have been met and su bm itted.
The City's Development Review Team reviewed the applicati on and determined
that it met all applicable development standards and codes established by the
City.
3. The application is or is not substantia lly consistent with the goa ls, objectives, design
guidelines, policies and any other ordinance, Jaw, or requirement of the City.
The proposed South Pennsy lvania Street Senior Housing PUD application 1s 111
conformance with all other ordinances, l aws and requirements of the City as
reviewed and approved by the Development Review Team.
Th ommission must also find that the rezoning meets one of the following c riteria :
7
4. a . That the proposed development will exceed the development quality standards, levels
of public amenities, or levels of design innovation otherwise applicable under this Title,
and would not be possible or practicable under a standard zone district with conditional
uses or with a reasonable number of Zoning Variances or Administrative Adjustments; or
b. That the property cannot be developed, or that no reasonable economic use of the
property can be achieved, under the existing zoning, even through the use of conditional
uses or a reasonable number of Zoning Variances or Administrative Adjustments.
The application meets the second criterion because the proposed senior housing
development could be achieved under MU-R-3-B standards only through approval of
minimum of ten variances for increase in the number of allowed residential units,
encroachment into all setbacks, and commercial use. A PU D rezoning provides
flexibility and diversity in development that may not be accomplished within existing
zoning development regulations and also provides the opportunity for unified
development control for multiple properties or multiple uses.
Further, the Commission must find that the rezoning meets the following criterion:
5 . The resulting rezoned property will not have a significant negative impact on those
properties surrounding the rezoned area and that the general public health, safety and
welfare of the community are protected.
The proposed rezoning application has been reviewed and meets City developments
standards and will provide a needed housing opportunity for seniors.
ATTACHMENTS:
South Pennsylvania Street Senior Housing PUD District/Site Plan
8
(
CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION
IN THE MATTER OF CASE #ZON2006-00001 )
FINDINGS OF FACT, CONCLUSIONS )
AND RECOMMENDATIONS TO REZONE )
THE PROPERTY FROM MU-R-3-B )
MIXED-USE RESIDENTIAL/LIMITED )
OFFICE-RETAIL DISTRICT TO PLANNED )
UNIT DEVELOPMENT )
INITIATED BY:
Dawn Shepherd
Englewood Housing Authority
3460 South Sherman Street
Englewood, Colorado 80013
)
)
)
)
)
)
)
)
FINDINGS OF FACT AND
CONCLUSIONS OF THE
CITY PLANNING AND
ZONING COMMISSION
Comm i ssion Members Present: Brick, Bleile, Mosteller, Diekmei er, l<no t h, Krieger, Roth ,
Welker
Commission Membe rs Absent: Hunt
This matter was heard before the City Planning and Zoning Commiss ion on April 18, 2006 ,
in the City Council Chambers of the Englewood Civic Center .
Testimony was received from Staff, from the applicant and from area residents. The
Commission receiv ed notice of Public Hearing, Certification of Posting, Staff Report and
supplem ental information from Staff, which were incorporated in t o and made a part of th e
recor d o f the Public H earing.
Aft er conside ri ng stateme nts of the witn esse s, and r ev i ew in g th e pe rt ine n t docum ents, th e
members of the City Planni n g and Zo n i n g Comm ission made the fo ll owing Findings a nd
Conclusions .
FINDINGS OF FACT
1. THAT the req u es t to rezo ne t he pro perty fro m M U-R-3 -B M ixe d -U se
Reside ntial/Limited Office-Ret ail District to Pl anned Unit Deve lopment was fi l ed by
Dawn Shep h erd of t h e Eng lewood H o u si ng Authority o n Marc h 7, 2006 .
2. THAT Pub l ic Notice of the Pub lic Hearing was giv en by publication in the
Engl ewood Herald on Apri l 7, 2006 .
3. THAT the property was posted as required, said posting setting forth the date, time,
and place of the Public Hearing.
4. THAT Senior Plann e r Langon testified the request is for appro val to rezone the
property from MU-R-3-8 Mixed-Use Residential/Limited Office-Retail District to
Planned Unit Development. Ms. Langon testified to the criteria the Commission
must consider when reviewing a rezoning application . Ms. Langon further testified
that Staff recommends approval of the rezoning application with conditions.
5. THAT testimony was rec eived from the applicant team, Ms. Dawn Shepherd and
Mr. Otis Odell .
6. THAT testimony, both supportive and in opposition, was received from residents
regarding the proposed redevelopment of the site. Concerns were voiced about
impacts anticipated from traffic, building heights and property values.
7. THAT the application is in conformance with the Comprehensive Plan and the
Unified Development Code.
8. THAT the application is consistent with adopted and generally a c c epted standards
of development in the City.
9. THAT the application is consistent with the goa ls, objectives, des ign guidelines,
policies and other ordinances, laws, or requirements of the City.
10. THAT the property cannot be developed under the existing zoning without an
unreasonable number of Zoning Variances or Administrative Adjustments.
11. THAT the resulting rezoned property will not have a significant negative impact on
those properti es surround ing the rezoned area and that the general public health,
safety and w elfar e of th e community are protec ted .
CONCLUSIONS
1. THAT th e application was filed by Dawn Shepherd of the Englewood Housing
Authority seeking approval to rezone the property fro111 MU-R-3-B Mixed-Use
Residential/Limited Offi ce-Retail Di strict to Planned Unit Developrn en t.
2 . THAT proper notifi ca tion of the date, time, and place of the Pu blic Hearing was
given by pub l ication in the officia l City newspaper, and by posting of the property
for the required le ngth o f tim e.
3. THAT all testimony received from staff members, applican t t eam members, and the
general pub l ic has been made part of the record of the Public He ring .
2
4. THAT testimony, both supporti ve and in opposition, was recei ved from residents
regarding the proposed redevelopment of the site . Concerns were voiced about
impacts anticipated from traffic, building heights and property values .
5. THAT the application is in conformance with the Comprehensive Plan and the Unified
Development Code .
6. THAT the application is consistent with adopted and generally accepted standards of
development in the City.
7. THAT the application is consistent with the goals, objectives, de sign guidelines, polici es
and other ordinances, laws, or requirements of the City.
8. THAT the property cannot be developed under the existing zoning without an
unreasonable number of Zoning Variances or Administrative Adjustments .
9. THAT the resulting rezoned property will not have a significan t n egative impact on
those properties surrounding the rezoned area and that the gen e ral public health, safety
and welfare of the community are protected.
DECISION
THEREFORE, it is the decision of the City Planning and Zoning Commission that the
application filed by Dawn Shepherd of the Englewood Housing Authority to rezone the
property from MU-R-3-B Mixed-Use Residential/Limited Office-Retail Distri ct to Planned
Unit Development be recommended to City Council for approval.
Th e deci sion was reached upon a vote on a motion mad e at the m ee tin g o f th e Ci ty
Pl anning and Z oning Commi ss ion on April 18, 2006, by Ms . Kri ege r, se cond ed by Ms.
M os t ell er, which motion stat es:
The Pl ann in g Com mi ss io n reco m me nds th e proposed zoni ng change from MU-R -3-8
Mixed-Use Residentia l/Lirnited Office-Retai l District to Planned Unit Development for
CASE #ZON2006-00001 to allow the proposed South Pennsylvania Street Senior
Housing Planned Unit Development to City Council for (avorable action with the
(ollowing conditiom:
I . Prior to being fo rwa rded to City Council the following adjustments shall be made
to the app lication:
a. Vicinity map on sheet PUD 1 be redrawn to demomtrate the location of the
parking area on the west side o( South Pennsylvania Street,
b . Front and Rea r setbacks be es tab li shed on shee t PUD 3 (or the western
parcel,
AYES :
NAYS:
2. Prior to issuance of any Building Permits the three properties on the east side of
South Pennsylvania Street be combined into a single parcel pursuant to City of
Englewood and Arapahoe County requirements,
3. Traffic Engineer review again the potential for a mid-block crossing, and
4. Recheck the submitted plans for consistency of numbers on all sheets.
Brick, Bleile, Diekmeier, Knoth, Krieger, Mosteller, Roth, Welker
None
ABSTAIN: None
ABSENT : Hunt
The motion carried .
These Findings and Conclusions are effective as of the meeting on April 18, 2006 .
BY ORDER OF THE CITY PLANNING & ZONING COMMISSION
Don Roth, Chair ....•. .,./
4
~--..;;;;;==~===---~-~------------.... ~;;;.;;.---=====-...... ------
ORDINANCE NO .
SERIES OF 2006
BY AUTHORITY
A BILL FOR
COUNCIL BILL NO. 19
INTRODUCED BY COUNCIL
MEMBER~~~~~~
AN ORDINANCE APPROVING THE SOUTH PENNSYLVANIA STREET SENIOR
HOUSING PLANNED UNIT DEVELOPMENT (PUD) LOCATED AT SOUTH
PENNSYLVANIA STREET AND HIGHWAY 285, IN THE CITY OF ENGLEWOOD,
COLORADO.
WHEREAS, the Englewood Housing Authority is the owner of the properties 3566,
3578, 3580 and 3597 South Pennsylvania Street, Englewood, Colorado, submitted an
application to rezone the property from MU-R-3-B Mixed-Use Residential/Limited
Office-Retail District to Planned Unit Development (PUD) for the development of
Senior Housing; and
WHEREAS, the Englewood Housing Authority properties create a .81 acre site with
the proposed mixed-use development of residential and commercial uses; and
WHEREAS, the Planning and Zoning Commission held a Public Hearing on April
18, 2006 and took testimony on the subject properties which are currently zoned
MU-R-3-B Mixed-Use Residential/Limited Office-Retail District; and
WHEREAS, the Planning & Zoning Commission recommended approval of the
PUD with the following conditions:
l. Prior to being forwarded to City Council the following adjustments shall be
made to the application:
a. Vicinity map on sheet PUD l be redrawn to demonstrate the location of
the parking area on the west side of South Pennsylvania Street.
b. Front and Rear setbacks be established on sheet PUD 3 for the western
parcel.
2 . Prior to issuance of any Building Perm its, the three properties on the east side
of South Pennsylvania Street should be combined into a single parcel pursuant
to City of Englewood and Arapahoe County requirements .
3. The Englewood Traffic Engineer should review again the potential for a mid-
block crossing.
4. Recheck the submitted plans for consistency of numbers on all sheets.
WHEREAS , a ll of the foregoing requirements have been addressed;
-1-
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The Planned Unit Development, for properties located at South
Pennsylvania Street and Highway 285, in the City of Englewood, Colorado, is hereby
approved with the conditions noted above.
Section 2. Pursuant to Article V, Section 40, of the Englewood Home Rule Charter,
the City Council has determined that this Ordinance shall be published by title because
of its size. A copy is available in the Office of the Englewood City Clerk.
Introduced , read in full, and passed on first reading on the 15th day of May , 2006 .
Published as a Bill for an Ordinance on the 19th day of May, 2006 .
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 15th day of May, 2006.
Loucrishia A. Ellis
-2-
VICINITY MAP
"'
<I)
--e--.A ..... 6!il
BACKGROUND
11( Sl8£CT PlllfERTY IS coroiD (J 3 C()l11QJOOS PAR(lli. .1566, 3578 NI) .l5lll al 11( EAST Sil (J
SOOTH PDflSYLVAIIA. NI) M PARC8.S. 3597 ()I 11( llST Sil (J S. PDflSYLVAIIA ST.. TOTAi. PR!l'ERTY 11V.
IS 35,077 ~. IJl .8 ACRES. 1l(R[ ARE Tlffl EXISTIIG SlRIJCI\HS ()I 11( PR(f{Rl(S, A OU'lIX NfJ TIC SINGI
FAII.Y HClls. 11( SIT£ IS ()I 11( C(lll(R (J US IIGIWAY 285 NI) S. PDflSYLVAIIA ST .. 11( APl'IJCANT,
OOftml HruSINC AlJTH(RlY, aJRENTlY OIIIS 11( PR(f{Rl(S, NI) IT IS IXIISllRlll A SINGI ((V[LlflOT
F!Jl TIIS P.U.D. Sl8ISSlal . 11( SI T£ IS ZOO Ill -R-3-8, IIXED-USE RESllN TIAl/lM TED IJAC[ REIAL
lllSlRICT. THE IUHlfD lN T ((V[LCIVNT N'f'OCATI()I Ill BE PROC[SS] PIMISIJAHT TO 11( APPUCAllI OTY
REQUTl()IS,
AR.CHITECTUR.AL CHARACTER.
TIIS ((l{L(J'IIJH IS AH MI. NI) MnE RESTRICTED HruSINC IUU.lflOT. 11( lllJIIC'S IIASSINC Ill> USE (J
11A TERIAI.S Ill \ISIJAU. Y REOOC[ 11( SCAif rJ 11( ((V[L(A(Nl, Ill> Pll(ll()l[ A PEIISJUj lI\n 111£RACTI()I
•TH 11( lllDNC. 1l(R[ Ill BE A 1)[',{1.(1'[1) G.IRllH AREA TO 11( SOJTH (J 11( llJUJNC, lt«:H Ill Bl{
AS A TOOHT ACTMTY 11V. AS llO.J. AS A llmR ZM FR()! ttQllAY 285. 1l(R[ Ill BE A salDI I AU.
HR£ AU.OI(() AllllG 11( SOOTH PR<ffRTY lJ( TO \ISIJAU.Y DISTANCE 11( RESllNTS FR()! 11( TRAITT:.
MA1£RIAI.S ARE Sl1£CTED •TH WARM T£X1UR[S, 1TH A lARll PERCINTAII (J MASOl!Y, ES1'£QAU.Y ()I 11(
PEllSJUj llllNTED rna:s. om MATERIAI.S Ill lNO.lll srucco All) SUIC. 11( FOQJS (J IIA TERIAI.S a.!.
BE ()I 11( If.ill£ sns (J 11( llJUJNC, 1 TH 11( "lm:N' SllS KE£Pt«; 11( SAil ARQtl[CTWI. QWIAC1£R.
AROl1£CTU!Al ACCl:NTS Ill INO.lll SIM SliADt«; 0CWis. BAI.CIIICS, NI) ®II Lfl(l. PI.ANT£RS.
gJMT!ED AS A PART (J 11( PRO'OSlD I'll) ARE COOPlUAl ROIIIKS IOCATIIG 11( lllOAl lI\n (J
OCSD llJAUTY, FNSl(S NfJ 11A TERIAI.S TO BE t«:al'Otl TED II 11( PRO.EC!. (Ill PIIH i 11( SP£C11C
OCSD, MATERIALS. Ill> CQ.!J!S TO BE t«:al'Ot\TED II 11( llUNC 111 l«>T BE FW.Y OC1UIIII]) lllll
OCIAIID AROt1£ClURAl IJ!A191CS HAI{ IIIJI ((\(l.(f{J).
PUD DEVELOPMENT SUMMARY
11( APl'IJCANI Pm'OS£S TO ((\(l.lJ' 62 RESllNTIAl APARllOT lNTS F!Jl All All) INCOl llJAlflll REmlS.
TOTAi. IWIIC SIZE Ill BE 57.700 SOOARE mr ()I 5 Lf\tl.S, IIO.IDNC lmNl Lf\(l. PNIIIIIC. 1l(R[ ARE 59
PARKIIC 9'MIS ()I QlAOC, l9 9'MIS II 11( CNlAII ()I 11( lmNl flOO! (J 11( Pl!O.CCT, Ill> 20 9'MIS
al 11( llST caMR (J S. PENNSYLVAIIA ST.. 11( PARKIIC REQIIIOTS ARE~ ()I ZOK REIIIIIJ(HTS
F!Jl SOQ! OCCUl'Al«:Y. 11( PARKIIC IN 11( l'.IRMI Ill BE SCRIIllD f1!(II 11( STREET BY 11( llUNC Llurl
NfJ CNlAII 1.1U.S. 11( llUNC FOOJPMjl IS LOCATED 10 11( N<l!TH Sil (J 11( SITE. LfAl'liC A 27 FOOT
ll.ITTR ZM/CMO ()I Tl£ SOOTH Sil rJ 11( lllDNC.
DISTRICT PLAN PUD
DEVELOPMENT STANDARDS
A. (lJ(RAl REWTQIS: lJtISS OTHERfi PROm F!Jl 11 111S I'll) al AH !IIJODT ll(R[TO, D£ f'R!MSKIIS. SIN()Nffls,
REQUTI()IS NI) P!10CmHS PERlllNI 10 AH Al'l'UCATI()I F!Jl 11( OC\O.lflOT (J lMll I THN TllS POO ZM lllSlRIC! SliAU.
CQI>\. Y •TH 11( Ill -R -3-8 /(J( lllSlRICI (J 11( CTY (J EIIGJtml All) RElA TED ZfJIIC REQU 1KJIS II EFFECT A I TH£
111: AHY FUME Al'l'UCATI()I IS FUD •TH 11( QTY.
B. PERIITTED USES: 11( Fllla.G USES ARE PERIITTED 11 11( S. PENN SI. SOD HWS1NG PRO.EC!. IN.ESS OlllR'fi
PRO'tUD, 11( Fllla.G USE CA1£00IES NI) TYP£S S1iAU. HAI{ 11( SAil ll>HNGS AS S1JOi CA1£QIIY NI) USE TERIIS BY ll£
SAME NAMES C()l!Alfll II TITlE 16 (J 11( OOftml lllNCl'Al cal. PERIITTED USES ARE Sl8£Cl TO AU. APPUCAlli
RE!ll.A1KJIS rJ mu 1s -I.WlD OC\O.<NNT an.
POIIITim USIS:
1M. TI lNl DllllJIC
SUIFMI PARKIIC AREA
PARKING l'.IRMI
81 callROAl USES ( IN. Y ()I llST Sil (J S. PENN ST. )
~USIS:
H<K OCD.f A TI()I
~ SllU:lURES:
SllD. NI) om AC(lS(RY S1RIJC1UR[S AS ll[Jl(O II TITlE 16 (J [HQftml lllNCl'Al cal, [TC. -3 AU.Oil[), MAXIIUI
1m EAOi, I«> SlRIJClURE IS TO BE LOCATED NO a.m THAH S f1l(II Sil IJl Rf.AR PR(f[RTY Lil.
C. IJtJSTED USE: PROCllllm F!Jl Al'PllOVAl (J USES NOT LISTED 11 11( 111H. PERMITTED USES SliAU. BE GOV[Rt(l) BY mu 16
P11011S101S F!Jl IJtJSTED USEs.
D. ((V[LIJ'llHT STN()AREIS
11( ((V[L(J'l(HT Ill BE lll'IIlEHTED AS A IM.TI lNl REmTIAl Al'ARlllNT llUNC SERl1NG All All) INClll llJALml
TENANTS.
1. IIAlllUI IWIIC HOOH
11A1N IWIIC l(JQtT -A MAX (J 60'-0", llSl filVATI()I ACO:NT 11U. -IJ' TO 62'-0'. STAI! TOltR F!Jl RIXJ ACO:SS -
64'-0'. (Ill P00-3 F!Jl UBNC l(JQt1 ~.)
2. EAST PARCO. ~s -SllJ TH -10'-0", llST -lo'-0', N<l!TH -5'-6', EAST -s-o·. Ill P00-3 f(Jl lllAl'IIC
3. llST PARCll S[lBACl(S -SOOTH -10'-0", llST -5'-0', N<l!TH -lo'-0", EAST -10'-0'. PARKING IIAY IITRIJI INTO ll£
S[TBACI(. Ill Pll)-3 F!Jl lll N'II:
[.ll(OOCATI()IS:
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PART (J TIIS 981TTAL
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J.460 S. S1wrm<,, St., Suite 101
En;.,oc,d. CO IK)l 13
Ptione: JO.l--761 -6200
Fax: JO.J--781 -5503
Dawn SlwjMd
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1732 lbzee St., Suite 205
°"'"'· co ll1202 Ptione: .lO.J--534 -5740
Fax: 720-904-8823
Henry lug.,.
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SITE
TOTAi. SIT£ SOJARE FOOTAII (BOTH PARW.S)
RESllNTIAl USES
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Fax 303-969-9016
GriffJlilnslan
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CALL UTILIT Y NOTIFICA TION
CENTER OF COLORADO
1·800·922-1987
l:.61.L 2 BUSINESS DAYS IN ADVANCE
BEFORE YOU DIG , GRADE, OR EXCAVATE
FOR THE MARKING Of UNDERGROUND
MEMBER UTILITIES.
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CENTER OF COLORADO
1·800·922-1987
J:AL1. 2 BUSINESS DAYS IN ADVAN CE
BEFORE YOU DIG, GRADE, OR EXCAVATE
FOR THE MARK ING OF UNDERGROUND
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, PROPOSED LA DSCAPE PLA
,-.7 1W: ..
LANDICAPt U:GtND
S\'MBOL ~"'.:..~ S\'MBOL DESCRIPTION AREA NO"TtS
0 STREETSCAPE ~ ,:. :-:-:-:-:j ZONE MAY CONTAIN SOD ANO TREES 0 a18 s.r .
ZONE 1/30' O.C., ANO STREET LIGHTS
@ENTRY ZONE ~ ZONE MAY CONTAIN PAIIEMENT, SOD, SHRUBS , 151 S.F .
PERENNIALS, ANNUALS, GROUND COIIERS. TREES ,
LIGHTING, ANO Sl"Tt FURN ISHINGS @ BUFFER LANDSCAPE ZONE MAY CON TAIN SOD , SHRUBS, GROUND 7,707 S.F.
ZONE COIIERS , ANO TREES
0 1N"TtR IOR ~ ZONE MA Y CON TAIN PAIIEMENT, LI GHTING, WA"TtR 2,985 S.F .
LANDSCAPE ZONE FEATURES. Sl"Tt FURNISHINGS. SOD , SHRUBS ,
PERENNIALS, ANNUALS. GROUND CO\IERS, ANO TREES
@PERIME"TtR ZONE MA Y CON TAIN PAIIEMENT, SOD , SHRUBS , 1,880 S.F.
LANDSCAPE ZONE GROUND COIIERS. ANO MULCH
TOTAL LANDSCAPE AREA 13,83G S.F.
L.ANDSCAP[ OU~TITEI
I AREA I REQUIRED PRO'IIOEO I TREES I SHR\JBS
I TOTAL S.F. I S.F . IN"T(RNAL R.O. W. I REQUIRED PRO'IID£0 I REQU IRED PRO'IIOEO
TOTALS I 35,077 I e.110 8,828 4,e11 I 12 12 I
STRUT lll[[ OU~TITEI
LENGTH TREES
Of REQUIRED 0 TREES
f'lltwTA~ 1 '"' 1 F. PROVIDED
PENNSYLVAN IA 308 L F. 11 8
HIGHWA Y 285 280 L.F. 10 10
REQUIRED LANDSCAPE AREA : (RLA) BASED UPON MULTIF AMILY RESIDEN TIAL
RLA: 35,077 S.F. X .25 • 8. 77 0 S.F.
MAXIMUM NON -LIVING LANDSCAPE AREA : 8,770 S.F . X .35•
3,070 S.F.
NUMBER Of TREES (RLA /750) • 8,770 S.F./750•12 TREES
NUMBER Of SHRUBS (RLA/750) • 8,770 /750 S.F. X 5 •
80 SHR\JBS
R.0 .W. LANDSCAPE AREA• 4,811 S.F.
80 72
• EXACT LOCATION Of PARTICULAR PLANTINGS WILL BE OE"TtRMINEO AS THE ARCH l"TtCTURE IS
FlNAIUZCO . DEi/ELOPER SHALL COMMIT TO THE FOLLOWING PLANTING OUAN TITI ES IN EACH
CA "TtGOR Y REQUIRED AS PER ENGU:WOOO LANDSCAPE ORDINANCE :
1) STREET TREES IN RIGHT-Of-WAY: CITY STANDARD REDUCED BY 25!l
-THIS IS DUE TO THE NUMBER Of ORl \'EWA YS ALONG S. PENNS YLV AN IA:
-QUANTITY Of SHRUB PLANTINGS WILL BE INCREASED
2) IN"TtRIOR TREES: WILL MEET CI TY-REQUIRED STANDARD • 12 TOTAL
3) IN"TtRIOR SHRUBS: WILL EXCEED CITY-REQUIRED AMOUN T BY 20ll • 72 TOTAL
LANDSCAPE PLANS SHOW PRELIM INAR Y CONCEPT Of LANOSCAPE ZONE TYPES . PLAN TS MA Y BE
PLACED ANY PLACE WITHIN BOUNDAR Y Of PROPER TY.
PROHIBl"TtO TREES: BOX ELDCR , CO TTONWOOD (FEMALE ), SIBERI AN ELM .
LANDSCAPE PLANTINGS ANO IRRIGA TI ON PLANS TO BE SUBM IT"TtD AS PAR T Of BUILDI NG PERM IT
APPLIC ATI ON .
ALL IRRIGATION TO BE AUTOMATIC UNDERGROUND SYS"TtMS (DRIP AND SPR AY).
LANDSCAPE PLAN
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SITUAT ED IN
BLOCK INCLU SIV E, BLOCK 3 AND LOTS 26 TO 28, INCLUSIVE,
THE NE14 SECTION 3, TOWNSHIP 5 SOUTH , RANGE 68
CITY OF ENGLEWOOD , COUNTY OF ARAPAHOE,
WEST OF
STATE OF
4, HIGGINS ENGLEWOOD GARDENS,
THE 6TH PR IN CIPAL MERIDIAN
COLORADO.
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LOTS 18 TO 25. INCLUSI'-£. BLOCK 3 AND LOTS 26 TO 28. INCLU SI'-£. BLOCK •. HIGGINS ENGLEWOOO GARDENS . COUNTY OF
ARAPAHO£. STATE OF COLORADO .
!:fQill
1) TI LE COMM ITMEN T NO . AB C7D1 303541 EFFEC '-£ DATE DECEMBER 15. 2005 AT 5 :00 P.M. FROM LAND TITlE GUARANTEE COMPANY , WAS RELIED UPON
FOR AN Y RECORDEO EASEMENTS OR RIGHTS OF WA Y 'M<ICH MA Y AFFE C TH E SUBJECT PROPERTY.
2) THE FO!.LO'MNC ITEMS FROM SCHEDULE B -SECTI ON 2 Of THE ABO'-£ REFERENCED TlE COM MITMENT POLICY ARE ADDRESSE D AS FOLLO WS :
1 THROUGH 11 -AFFECTS SUBJEC PROPERTY, NOT PLOT AB LE
3 ) NOTICE : ACCORD ING TO COLORADO L AW YOU MUST COMMENCE ANY LEGAL AC TION BASED UPON AN Y DEFECT IN TH IS SUR'-£Y 'MTH IN THREE YEARS
AFTER YOU FIRST OISCOVER SUCH DffECT. IN NO EVENT. MA Y ANY ACTION BASE O UPON AN Y DEFECT IN TH IS SURVEY BE COMMENCED MORE THAN TEN
YEA RS FROM THE DATE OF CERTIF1CATION SHOWN HEREON .
4) FALCON SURVE YI NG. INC . RE COM ME OS AL L INTERESTED PAR TI ES RETAIN THE SER lllCES OF A COMPETENT INDllllDUAL TO CONSULT PER TI NENT
DOC UMENTS FOR SPEC IFIC DE'-£LOPMEN T RESffilCTI ONS AND CR I TER I A 'M<ICH MIGHT APP LY TO SUB..E:CT PARCEL. FALCON SURVEYING . INC . ANO TH E
SUR'-£YOR OF RECORD ASSUME NO RESPONSI BILI TY FOR THE ZON ING RESffilCTIONS UPON THE SU BJECT PROPER TY.
5) BURIED UTILITIES AND /OR PIPE LIN ES ARE SH OWN PER 1/l SIBLE SURFACE [lllDENCE AND U LITY PLANS. ADDITI ONAL UTILITIES, IN USE OR ABANOONE D.
MIGH EXIST ON . NEAR OR CROSSING THE SUB..E:CT PROPER Y. FALCON SURVE YING. INC . AND TH E SUR '-£YOR OF RECORO SHALL NOT BE LI AB LE FOR
TH E LOCATION OF OR THE FAI URE TO NOTE THE LOCATION OF NON-lllSIBLE U LITI ES.
6 ) FALCON SUR'-£YI NC , INC. DOE S NO T H AVE THE EXPERTISE TO ADDRESS THE "INERAL RIG HTS . F ALCON SUR',£YING. INC . RE COMMEN DS ALL INTERESTED
PAR TIES RETAIN A MINERAL RIGHTS EXPE RT TO ADD RESS THESE MATTE RS FALCON SURVE NG , INC . AN D THE SURVEYOR OF RECORD ASSU"'1E NO
RESPONSIB ILI TY FOR TH E MINERA RIGH TS UPON TH IS ffiACT OF L AND
7) FALCON SUR'-£YI NC , INC . DOES NO H AVE TH E EXPER TI SE O ADDRESS THE ACC ESS RIGHTS TO AND FROM PUBLIC RIGHTS OF WA Y FALCON
SURVE YING. INC . RECOM"'1END5 ALL INTERESTED PAR ES CONS U 'M TH THE LOC AL COVER MEN T ON THESE "ATTERS. FALCON SURVE YING. INC . AND THE
SUR'-£YOR OF RECORD ASSUME NO RESP ONSIBILITY FOR THE ACCESS R1CH S P TH IS ffiAC OF L AND .
8 ) SUBJEC T PROPER TY LI ES IN 'ZONE X". (AREAS DETER MINEO TO BE OUTSIDE TH E O 2ll .\NN U AL CHANC E FLOOOPL AIN) AS DESIGNATED BY THE
FEDERAL EMERGEN CY MANAGEME NT AGENCY AS PER FLOOD INSURAN CE RATE MAP PANEL 0 . 08 005C01 6 5 C. OATED AUCU S 16. 1995.
9 ) ITE"'1S 16 , 17 AND 18 OF TABLE A FRO M THE MINIMUM STANDARD REQUI REM ENTS FOR ALT A/ACS" L AND TITlE SUR'-£YS .
16 -NO OBSER VAB LE ElllDEN CE OF EARTH MOlllNC WORK , BUILDI NG CONSIBUCTION OR BUI DI NG ADDITIONS \\\TH IN RE CENT MONTHS OF TI ME OF
SURVE Y.
17 -NO OBSER VABLE E\1DEN CE OF CHANGES IN RIGHT Of WA Y LINES. ETC
18 -NO OBSER VABLE ElllDENCE OF SITE USE AS A SOL ID WASTE DU MP . su .. P OR S.\N ITARY L ANOF1
10) TOTAL AREA OF E SUB..E:CT PARCE LS IS 0 .80 ACRES OR 35.077 SQUARE FEE MORE OR LESS .
11) PROPER TY ADDRESS FOR SUBJECT PARCE LS· 3597. 3587. 358 0. 3578 ANO 3566 SOUTH PENNSYL VAN I A STREET. AS SHOWN HEREON .
12) NO WA TER "'E ERS FOUND FOR 3580, 3578 OR 3566 S. PEN SYL VAN I A ST
ALTA CER TIF ICA TION
TO HOUSI C AUTHOR IT OF TH E CI TY OF ENG!..E \IIOOD , COLON IAL BANKS OF COLOR ADO, BURCW""' COMPANY • .\ND L AND TI TlE GUARANTEE COMPAN Y
r'OUNO NO. 4 RCB>JI
totOATM 0.4J', 'lll(S T O.ot'
TH IS IS TO CER rY TH AT TH tS MAP OR PLAT AND THE SUR'-£Y ON 'M<ICH IT IS BASED \t£RE MADE IN ACCORDANCE 'M TH TH E '"'1 1NIMUM
STANDARD DETAIL REQU IREMENTS FOR AL TA/ACSM LA ND TIT\.E SURVEYS." JO INTlY ESTABLISHED AND ADOPTED BY A TA ANO NSPS I 2005. AND
INCLUDES I TEMS 1.2.3.• 5.7o.8 .9,10,11 o.1 6 .17 AND 18 OF TAB LE A THEREOF . PURSUAN TO THE ACCURACY STA NDARDS AS AD OPTED BY ALTA AN O
NSPS ANO IN EFFEC ON THE DATE OF TH IS CERTIFICATION . UNDERSIGN ED FU R [R CER TIF IES THAT IN MY PROFESS IONAL OP INION. AS • L AND
SURVEYOR REGISTERED IN THE STATE OF COLOR ADO . THE RE LATI'-£ POSITIONAL ACCU RA CY OF TH IS SURVEY DOC S NOT EXCE ED THA T 'M<ICH IS
SPECIFI ED THERE IN
GRAPHIC SCALE
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1 locb • to 11.
COWTOU& tMTUVA.L • t n.
9937 \11£5 25TH AVE 1
AKEWOOO, CO 80215
303-202-1 560
w.tw r ..._CON SU1t~'l'l~O COIJI
)
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Intro Here tonight to
Recommend that Council
Approve Council Bill No. 19 on 1st Reading and
Set P H for June 5, 2006
To consider public testimony on
Request by E H A to
Rezone an .8 acre site at S. Penn St and US Highway 285 to
PUD
To allow construction of
62 residential units designed for age and income qualified seniors
PUD is necessary to allow modifications to present MU-R-3-B zoning
1. Increase # of residential units
2. Reduced building setbacks
3. MU-8-1 Commercial uses on the western parcel, in future
COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
May 15 , 2006 11 C i Transfer of Funds and Supplemental Appropriation to
the 2006 Budget for Additional Expenditures Related
to the Water Quality Pond at the Off-Leash Dog Park
Initiated By: Staff Source:
City of Englewood Frank Gry glewicz, Director
Finance and Administrative Services Department
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
City Council has discussed the Off-Leash Dog Park at length on numerous occasions but this
particular expenditure has not been discussed.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The City appropriated funds for the Off-Leash Dog Park in the Open Space Fund. The Water
Quality Pond is an essential element in safeguarding w ater flow ing into the w ater treatm ent plant.
When the project w as originally budgeted , City staff beli ev ed the budget w as adequate to complete
the projec t. After actual bids were re c ei v ed , it w as determined the original budget w as not
adequate to complete this critical element of the project.
RECOMMENDED ACTION
Staff recommends City Council approv e the atta c hed Resolution for a transfer of funds and
suppl emental appropriation of funds as follo w s:
CAPITAL PROJECTS FUND:
SOURCE OF FUNDS :
Unreserve d/Undesignated Fund Balance $22,787
USE OF FUNDS :
Tra nsfer O ut t o O pe n Space Fund $22,787
OPEN SPACE FUND:
SOURCE OF FUNDS:
Transfer In From Capital Projects Fund $22,787
USE OF FUNDS :
Off-L ash Dog Park Water Quality Pond $22,787
FINANCIAL IMPACT
This appropriation will reduce the Capital Projects Fund's unreserved/undesignated fund balance by
$22,787.
LIST OF ATIACHMENTS
Bid Summary
Resolution
r
Bid Summary
Englewood Off-Leash Dog Park Water Quality Pond
Left Hand Excavation -ACC, Inc AGE, Inc
Item No . Descripti on of Item Unit Quantity CostPerUnH Total Cost of Cost Per Unit Total Cost of Cost Per Un it Total Cost of
Item Item Item
1 MOBILIZATION LS 1.0 2 050.00 2 050.00 $3 ,000 .00 $3 ,000 .00 $2 ,850 .00 $2 ,850 .00
2 4" PERFORATE D PVC PIPE LF 132.0 6 .65 ~-877.80 $4 .00 $528 .00 $10 .00 $1 ,320.00
3 4" PVC PIPE LF 49.0 6 .60 -323 .40 $10 .00 $490 .00 $10 .00 $490 .00
4 6" PVC PERFORATED PVC PIPE LF 64 .0 7 .35 -470.40 $8 .00 $512 .00 $15 .00 $960 .00
5 6" PVC PIPE LF 34 .0 18.00 612.00 $12 .00 $408.00 $15 .00 $510 .00 --6 ASTM C 33 SAND/PEAT MIXTURE CY 169.0 42.45 -7,174.05 $45 .00 $7 ,605 .00 $100 .00 $16 ,900.00
7 GRAVELN067 CY 75.0 35.00 2 625.00 $40.00 $3,000 .00 $60 .00 $4 ,500 .00 . -
8 MONOFILAMENT FABRIC SY 339.0 3 .80 1288.20 $4 .00 $1 ,356 .00 $8 .00 $2 ,712 .00
9 CONCRETE HEADWALL CY 1.0 2615.00 -2 615.00 $750 .00 $750.00 $1 ,500.00 $1 ,500 .00
10 CONCRETE CUTOFF WALL CY 2 .0 1 090.00 2,180.00 $700 .00 $1 ,400 .00 $1 ,200 .00 $2 ,400 .00
11 RIPRAP, TYPE M 21" THICK CY 47 .0 53.60 2 519.20 $95 .00 $4,465 .00 $60 .00 $2 ,820.00 -12 6" COOT TYPE II BEDDING CY 13.0 59.45 772.85 $70 .00 $910 .00 $70.00 $910 .00 ~-
13 CLEANOUT EACH 4 .0 210.00 840.00 $375 .00 $1 ,500 .00 $450 .00 $1,800 .00 ·-14 COOT GEOTEXTILE FABRIC, CLASS A SY 81 .0 4 .20 340.20 $3 .000 $243 .00 $15 .00 $1 ,215 .00 --15 EARTHWORK/EXCAVATION CY 138.0 14.05 1938.90 $8 .00 $1 ,104 .00 $20 .00 $2,760 .00 -
16 6" WATERMA N MED. DUTY F-25 FLAP GATE EACH 1.0 760.00 760.00 $700 .00 $700 .00 $1 ,200 .00 $1 ,200 .00
PROJECT TOTAL I 27,387.00 $27,971 .00 $44,847 .00
-----""'-=======--o;;.-----.-...-----
RESOLUTION NO.
SERIES OF 2006
A RESOLUTION APPROVING A TRANSFER OF FUNDS AND A SUPPLEMENTAL
APPROPRIATION OF FUNDS TO THE 2006 BUDGET FOR ADDmONAL
EXPENDITURES RELATED TO THE WATER QUALITY POND AT THE ENGLEWOOD
OFF-LEASH DOG PARK.
WHEREAS , the City of Englewood is required by City Charter to ensure that expenditures do
not exceed legally adopted appropriations; and
WHEREAS , the City appropriated funds for the Off-Leash Dog Park in the Open Space Fund;
and
WHEREAS , the Water Quality Pond is an essential element in safeguarding water flowing
into the Allen Water Treatment Plant; and
WHEREAS , when the Off-Leash Dog Park project was originally budgeted, the City believed
the budget was adequate to complete the project; and
WHEREAS , after actual bids were received it was detennined that the original budget was not
adequate to complete the Water Quality Pond, a critical element of this project;
NOW, THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO , AS FOLLOWS:
Section 1. The Budget for the City of Englewood, Colorado, is hereby amended for the year
ending 2006, as follows :
CAPITAL PROJECTS FUND:
SOURCE OF FUNDS:
Unreserved/Undesignated Fund Balance $22,787
USE OF FUNDS:
Tran sfer Out to Open Space Fund $22 ,787
OPEN SPACE FUND:
SOURCE OF FUNDS:
Tran s fe r In From C apit al Projects Fund $22 ,787
USE OF FUNDS:
Off-Leas h Dog Park W ater Quality Pond $22 ,787
Section 2. The City Manager and the Director of Finance and Administrative Services are
hereby authorized to make the above changes to the 2006 Budget for the City of Englewood.
ADOPTED AND APPROVED this 15th of May, 2006.
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 Resolution No. __ , Series of 2006.
Loucrishia A. Ellis, City Clerk
ORDINANCE NO .
SERIES OF 2006
BY AUTHORITY
COUNCIL BILL NO. 16
INTRODUCE~YCOUNCIL
MEMBER -.......--~---
ABILLFOR
AN ORDINANCE AMENDING TITLE 7, CHAPTER lA, SECTION 4 , OF THE
ENGLEWOOD MUNICIPAL CODE 2000 PERTAINING TO THE NUMBER OF
ANIMALS MAINTAINED AT A HOUSEHOLD OR PREMISES.
WHEREAS, the current ordinance limits the number of animals allowed to be maintained at
one household or premises to two dogs and two cats ;
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 approves amending
title 7 , Chapter 1 A , Section 4 , of the Englewood Muni'c ipal Code 2000, to read as follo ws:
7-IA-4: Number of animals maintained on premises ; license requirements.
No household, place or pre mises may have more than tw& ~ three ill dogs and tw&
----_....L
~ three .Q) cats over six (6) months of a but in no case shall there be any JS!V r ---
combination of more than four 4 ni a s. withettt first haYieg preettreEI a City
heeey ereeEler's lieeese as hereieafter preYiEleEI . A City heeey ereeEler's lieeese shall
eet ee reEtttireEI ·.·,here the pleee er premises ere ettffeetly lieeeseEI as a pet shep er
eearElieg keeeel , pttrstteet te seetiee 12 S7 HH et seEt . C.R.S. 1973 . All hettsehelEls
as ef the effeetive Elate ef the OrElieaeee eweieg three (3) Elegs er eats withettt a
heeey ereeEler 's lieeese may maietaie the three (3) Elegs er eats ettffeetly eweeEI e1:1t
shall eet meietaie mere thee twe (2) Elegs aeEI twe (2) eats ttpee the death er less ef
eweership ef eee ( 1) er mere ef the ettffeetly eweeEI three (3) Elegs er eats .
Sec tion 2 . Safety Clauses. The City Council h ereby find s, determine s , and declare s that
th is Ord inance is promul gated unde r th e general police powe r of th e City of E nglewood , tha t
it is promul gated fo r t he health , safety, and welfare o f the publ ic, and t h at th is Ord inan ce is
necessary for the preservation of health and safety and for the protection of public
convenience and welfare. The City Council further determines that the Ordinance bears a
rational relation to the proper legislative object sought to be obtained.
Section 3. Severability . If any clau se, sentence, paragraph, or part of this Ordinance or
the application thereof to any person or circ umstances shall for any reason be a djud ged by a
cou rt of competent j u risdiction invalid , su ch j ud gment shall no t affect, im p ai r or invalidate
the remainder of this Ordinance or its a pplication to other persons or circum stances.
Section 4 . Inconsistent Ordinances. A ll other Ordinances or portions thereof
inconsistent or conflicting with this Ordinance or any portion hereof are hereby rep ealed to
the extent of such inconsistency or conflict.
1 2 bi
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 a II proper
actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture,
or liability, as well as for the purpose of sustaining any judgment, decree, or order which can
or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions.
Section 6. Penalty. The Penalty Provision of Section 1-4-1 EMC shall apply to each
and every violation of this Ordinance.
Introduced, read in full, and passed on first reading on the 15 1h day of May, 2006.
Published as a Bill for an Ordinance on the 19th day of May, 2006.
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 15th day of May, 2006.
Loucrishia A. Ellis
4. Roll call
and
-2-p,esent
5 . cc wt)y: minutes
COUNCIL -Meet ing wor1<ing notes
Members:
Tomasso~
Moore V
Barrentine V
Oakley V
Mccaslin v /
Woodward v
Mayor Wolosyn
____ absent
Council Meeting Is. :i.&5}p
1.
2.
HE ENGLEWOOD CITY COUNCIL
Monday, May 15, 2006
7:30 p.m.
3. Pledge of Allegiance . ~
4 . RollCall. (}j/ ~
5. Consideration of Minutes of Previous Session .
~--t)· Minutes from the Regula, City Council meeting of May 1, 2006~
6. Recognition of Scheduled Public Comment. (Please limit your presentation to ten minutes .)
Chief Mike Pattarozzi will present a Certificate of Appreciation to Englewood Citizen
David L. Twigg.
Brian Taylor, President of the Englewood Police Benefit Association, will be present to
7. Re cognition of Unscheduled Public Comment. (Please limit your presentation to five m~i ~~===----
Tim e for unscheduled public commen t may be lirn~ited to 45 inutes and if limited
co ntinu ed J.O Ge~r~ Qi~sion.) ~ -'521.Jf< a . 1)/J/J. ~ C!I>/, ~eo -h
8 . Communications, Proclamations, and Appointments. I!,)
~~-a. Proclamation de laring the week of May 2 1 through ay _ 7, 20 (/18 -Works Week.~
'l-t')
Plea e note: If you have a di ability and n
( 03 -762 -2407) at lea t 48 hour
Engl ew ood City Council Agenda
May 15 , 2006
Page 2
9.
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Approval of Ordinances on First Reading.
i.
ii.
Council Bill No. 1 7 -Recommendation from the Municipal Court to adopt a Bill for
an Ordinance amending Sections of the Engle w ood Municipal Code 2 000
pertaining to costs and penalties in Municipal Court. STAFF SOURCE: Tamara
Wolfe, Municipal Court Administrator.
Council Bill No. 18 -Recommendation from Safety Services and the Municipal
Court to adopt a Sill for an Ordinance amending Section 7-6B-11 of the
Englewood Municipal Code 2000 pertaining to Police and Fire Al.arm System
Reports . STAFF SOURCE: Tamara Wolfe, Municipal Court Administrator.
Approval of Ordinances on Second Reading.
i. Council Bill No. 8 amending Section 2-8-4 of the En gle wood Municipal C o de
ii.
iii .
iv.
V.
vi.
pertaining to Election Returns /Can vassing.
Council Bill No. 9 amending Section 1-8 of the Engle woo d Municipal Code by the
addition of a ne w Se cti o n 7 allowing City candidates to acce pt contributions from
co rporations and labor organizatio ns in accordan ce wi th th e Co lorado
Constitution.
Coun ci l Bill No. 10 deleting outdated and co nfusing language in Section 7-1 A-4 of
the Englewood Munic ipal Code.
Council Bill No. 11 authorizing the redemption and sale of a housing rehabilitation
property located at 3030 South Sh erman Street in Engle wood w hi c h was acquired
through th e foreclosure proce ss as defined by Co lorado State Statute.
Council Bill No. 12 au th o rizing th e exec ution of thr ee Intergovernme ntal
Subgran tee Agreements (Community D eve lopme nt Blo c k Grant) for th e Yea r
2006 b etwee n the Arapah oe Board of County Commission ers and the City of
Englewood .
Counci l Bill No. 13 authorizing the sale of a single family residence at 2350 South
Zuni Street in Englewood pursuant to the Intergovernmental Agreement between
th e Ci ty of Eng lewood and Arapahoe Community Co ll ege /Ar ea Career and
Technica l School.
Council Bill No. 14 authorizing th e execution of a thr ee year lnt ergo ,ernmen tal
Cooperati ve Agreement for the Arapahoe County Community D elopment Blo c k
Grant and t,ome In ves tm en t Partn ers hip programs for program gran t yea rs 2007
through 20b9 bel\veen th e Arapahoe Board of County Commissioners and th e
City of Englewood. •
PI C'a e no te: If yo u ha e a di ability ;rnd n
( 03 -7 --2-W 7) .11 le.i t 48 hour
(
Eng lewood City Council Agenda
May 15 , 2006
Page 3
c. Resolutions and Motions.
i. Recommendation from the Public Works Department to approve, bY. Motion,
wa iv ing the banner permit fee for the 2006 Rela y for Li fe event scheduled for June
16th and 1 7th. STAFF SOURCE: Rick Kahm, Director of Public Works.
ii. Recommendation from the Community Development Department to approve, by
.. Motion, June 3 , 2006 and September 9, 2006 as the dates for this year's citywide
public sidewalk sales eve nts . STAFF SOURCE: Darren Hollingsworth, Economic
Development Coordinator.
iii. Recommendation from the Utilities Department to approve, by Motion, the
purchase of a new sewer line cleaning/vacuuming machine (vactor truck). Staff
recommends awarding the contract to the lowest acceptable bidder, Williams
Equipment, in the amount of $149,600. STAFF SOURCE: John Bock, Utilities
Manager of Administration.
iv. Recommendation from the Utilities Department to ap prov e, by Motion, the
purch.;ise of water meters and yokes. Staff recommends awarding the contract to
the l owes t accep table bidder, National Meter and Automation , Inc., in the amount
of $5 1,33 1.40. STAFF SOURCE: John Bock, Utilities Manager of
Administration .
v. Recommenda tion from th e Utilities D epartm ent to approve,_by Motioo, a large
water m eter installation. Sta ff reco mmends awarding the con tra c t for labor and
parts, per unit, to th e lowes t acceptab le bidder, National Metering Services , In c., in
the amou nt of $70,000 to $74 ,000. STAFF SOURCE: John Bock, Utilities
Manager of Administration.
10. Publi c Hearing It ems. (No Publi c Hearing Scheduled .)
if
11 . Ordinances, Reso lutions and Motions.
a. Approv al of Ordinances on First Reading.
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~ ~ Council Bill No. 19 -Recommendation from the Community Dev elopment
~ Department t o adopt a Bill for an Ordinance approving th e South Pennsylvania
Street Senior H ousing Pl anned Unit D e elopmen t (PUD ) l ocated at South
/) Penns ylvania Street and Highway 285 in th e City of Englewood. Staff also
A ~~/b'/.u Appro\r
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eaql
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u~ests th. at
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Ccoeus nocnil SseectoanPduRb elicadHinega.ring fo r June 5, 2006 to gather input on this /)'r'f,v issu:TAFF SOURCE: Tricia Langon, Senior Planner. ~
Pl c.1 .e no te: If you ha ea di sab ility and nee d auxili ary aid or erv ices , pl ease no tify th Ci ty of Engl wood
(303 -7 6 2-240 7) al I as l 48 ho ur s in ad an c o f w hen ervi es are neede d . Th ank yo u .
Englewood City Council Agenda
May 15 , 2006
Page 4
Cjt:IJ ;:-Resolutions and Motions.
Recommendation from the Finance and Administrative Services Department
approving a Resolution authorizing a transfer of funds and a supplemental
appropriation of funds to the 2006 Budget for additional expenditures related to
the Water Quality Pond at the Englewood Off-Leash Dog Park. STAFF SOURCE:
nw...u,~i,'1,'.....,...VF nk G'l'glewicz, Direct~ce and Admin~thle ~
12 . General Discussion : ~
Mayor's Choice. a.
b. Council Members' Choice.
i. Council Bill No. 16 amending Section 7-1 A-4 of the Englewood Municipal Code
.. 2000 pertaining to the number of animals maintained at a household or premises.
It is requested that Council set a Public Hearing for June 5, 2006 to gather input
on this issue . f'llhu.__-~
13. City Manager's Report. ~/"?1)
14. City Attorney 's Report.
1 5. Adjournment.
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PIC'ase note : If you have a disability and need auxiliary aids or services, please notify the City of Eng lewood
( 03 -7 62 -2 40 7) at lea t 48 hour in advance of when services are needed. Thank you.
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