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HomeMy WebLinkAbout2005-04-04 (Regular) Meeting Agenda Packet-·• • • . . ·~·-· •. I ., . • . .... . .. ·• .. •. . . ... .. · . . \:.:_··_:..__..:-...... --·.· -· ...... Regular City Council Meeting April 4, 2005 Ordinance II Y,13, 14, 15, 16, 17, 18, 19 Resolution I 44, 45, 46, 47, 48 , 49, 50, 51 ' , ... • • . . .. • \, ., 0 . • • .I-, • • • 0 ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COWRADO April 4, 2005 I. Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Garrett at 7:37 p.m . 2 . Invocation The invocation was given by Council Member Bammtinc. 3. Pkdse of Allepantt The Pledge of Allegiance was led by Mayor Garrett. 4 . RollCaU Present: Abscnl: A quorum was present Also present: Council Members Tomasso. Barrentine, Garrett. Bradshaw, Wolosyn. Woodward Council Member Moore City Manager Scars City Attorney Brotzman Assi5tant City Manager Flaherty Director Gryglcwicz. Finance and Administrative Services City Clerk Ellis Director Olson. Safety Services Division Chief Vandennee, Safety Services Fire Banalion Chief Scbocnbcin, Safety Services Director Fonda. Utilities Senior Project Engi.-r Van Nosuand. Llttlcton/Englcwood Wastewater Treatment Plant Open Space Manager Lee . Parks and Rccrcatioa 5. Consideration or Minutes of Previous Sesloe (a) CO NCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE THE l\11NUTF.S OF THE REGULAR CITY COUNCIL MEETING OF MARCH 21. 2115. Mayor Garrett a,led ,f there any comments. questions or corrcctlOf\S. There -..-ere none. Vote ffSlllts: Mouon arned. A)C : Nays: bsent: Council Members Barrentine, Bradshaw. Ganffl. Wolosyn. Woodward. Tomasso None Council Member Moore 6 Rtt0gnitlon or Sdwduled Publk C-•t ' . .. .. • • Englewood City Council April 4, 200S Page2 •• • • 0 {a) Debby Pool, 1431 East Cornell Avenue said I am here tonight to talk to you on behalf of the homeowners of Arapahoe Acres. I was very pleased to hear the discussion in Study Session that it appears there is serious consideration to selling the property. At the time that the house was donated to the City, in the early 1990's, the homeowners in our area were very deeply concerned about the basic issue of the City owning this single family home of that value . We think, still today, that there is a very serious public policy issue in that area. And, I hope that you, the members of Parks and Recreation Commission and your legal and housing advisers will examine this issue carefully. because I think this issue of the City owning property like that is a very serious one. I hope that you will take it seriously. As you heard from Ray. sales in the area are good. You should be able to achieve. if you do sell. a fund that then could be given to Parks and Recreation projects. I don't think that should be an issue in this. We do appreciate that the City did stop the renovation that was occurring. The City staff has been very, very responsive to us in raising our concerns and listening to us. We really appreciate that very much. We cenainly will be involved in talking with the Parks and Recreation Commission people. Again. if you can help us on this whole legal issue of whether a City should be owning this kind of property, that would be very helpful. I think it is a very complex issue. but :ilso a very important one for you to consider. The City has been very good 10 Arapahoe Acres . We have appreciated the support that you have given us ... most recently the money to help us renovate our street signs. I hope you h:ivc been by and seen them . They arc very handsome markers and we do appreciate the help that you have given us with that and your endorsement of the recent grant and other projecLS. We look forward to working with you. If there is anyway we can help you with the decision on this house. we would really like to hear from you. We hope you will not hesitate to call. She asked if there were any questions or comments. There were none. She said thank you. I appreci:itc your listening. Mayor Garren thanked Ms. Pool. 7 . Recognition of UIIS('.beduled Public Comment a) Greg Kainer said I am President of Englewood Unleashed and I have spoken to you folks before. I am here tonight to speak to you about some of the controversy about site selection and funding for off-leash dog p:irlc:s in Englewood. What I wanted to bring back to light is the Taslt Force. for which I have high rqard. ~ arc several members of the Task Force here tonight. I have. in my possession. the executive summary of Off-Leash Task Force. It was on the City web site. I wanted to just go over real quickly some of the i ucs that I think are important. Because what we have found is that there has definitely been a panem that has been establiihed through the past two sncs ... cntennial and now Belleview. One is, it seems when we acquire land that has not been currently used it comes with a price. So. I think we arc going 10 have to accepl the faci that multi-use grc,cn space might have to be given up. if you don't want any addiuonal costs or tbcrc will be environmental impac:t Sludics. water studies, etc. that are probably going to come with uniued land. Both pieces that we have looked at. in a serious way. ha,·e proven that out. To get back 10 the Taslt Forcc ... it was established in December of2003 and I think there were at least seven meetings ... membcrs might correct me if rm wrong. I know since we've worked on it, it has been a true labor of love . I can unagme what the Taslt for(.-c members went through in the process of their seven o r so meetings to come up with thi criteria for selection of a site: firSI one was a neighborhood buffer and I think Bellevie w addresses that: playgro und separation. I think Belleview addressc that ; picnic shelter, athletic field separatio n. I think B e lleview addresses that ; not a natural area ... that i somewhat debatable, because further down m the executive s ummary it said that it was selected ... Belleview was part of the nature atta. was in the tbrcc sites that were selected. so 111 -somewhat ambiguous there: off-street parking. I believe Belleview addresses tb:it: potable water. that 1s to be determined through irrigation. but I think 11 is accessible; positive drainage. I would like to think that the reason we ha ve go ne through the effons of the studies and the City and community debate about having the tudies. we "'ill addres that is uc . I mean that is the purpose of tb:it and I think it i in the hands of professionals that can ga,e u tha t determinatio n. It 1s not i lated. The commuruty has accepcc,d that as a security I uc they rejected the o ther locatio ns ... Centennial for tb:it very reason. It was a security i uc and it was about as isol&ted as 11 co me if yo u "'o uld look at a m:ip . It is ADA accessible and 11 i within the one to three acres prefcr:ible as far as the s12.e . Tha t ddre~ the three groups tb:it actually uses a dog park . You 've got the walkers that actually jUSI walk aro und the perimeter o f the park...) u ·vc got the social people who Sland tbcrc and ~k to their neighbors and let their d og, pl.i y and then you've got the people that come in and do nothing but intenct with their dogs and c crcise the tr dog "'hale they re there nd then they leave. The tbrcc d1S1inct groups that use the park. And thtre 1 h:ide a , a1l a bl c . And. d e pending on how )'OU looked at the C cn1cnnial location. dcpcndina on the area. it was quc 11o nable I "'o uld hlc to think 1h31 v.e c an tick v. nh the Task Fon:c recommendation. since they spent a good amount of lime se lec11ng three s ne . I "'o uld hkc to add that the ushma 1tc. which was the third site that I haven't ' ,· • • Englewood City Council April 4, 2005 Page3 ·• • • 0----t_J discussed tonight. was basically rejected by most members of the Task Force. It wasn 't rejected by the community dog owners, but it was rejected by the Task Force because of several issues . I am sure they will speak to that later. From a practical standpoint, I think that we should really stay on track and move forward . I know the dog community really would like us to stay on track and move forward . It appears that with the studies coming up. if I'm not mistaken, the flood plain analysis study will take four to six weeks, which will put us, with the approval tonight , into the middle of May . After that, if that proves to be feasible, we have a water study. and I might be wrong, but I think that it was a four to six week time period on that, which would put us up to about the end of July. And then it would come back to Council again. With all of these check and balances, with all of these hoops, with all of this community input, with all of the Task Force recommendations, with all of the, Parks and Recreation Commission recommendations and now we are hearing the latest obstacle, which happens to be FEMA. I am wondering how many more surprises and obstacles that we are going to run into in this process since we have been going over this with a fine-tooth comb. I mean, it is on everybody's radar. I think everybody here now is probably more professionally aware of the requirements of a dog park than they were a year ago. I know that I am. He said just to close, I never really knew, from a practical standpoint on a personal basis, what the term meant, but now I do and it is ... fish or cut bait . We are at that point...fish or cut bait. Thank you. b) Kim Love. 1959 South Clarkson Street said I have a little bit prepared and I felt compelled to say something relevant to Ms . Barrentine's comments in the Study Session about taxpayers and tax use funds. I believe the Open Space Funds were designed specifically for acquiring parks and in this case, we are talking about an off- leash park. I don't see any difference because as off-leash users, we arc all taxpayers. On any given day, there arc 50 to 75 users in the parks that are also taxpayers and they suppon Englewood businesses. I know I do, for example, shop for all of my food items at Englewood businesses. so we arc all taxpayers. I don't see that as any different than any other taxpayer who uses the park . The example I think of that is a great deal of open space money. Englewood has obtained open space money for the use of baseball fields, which is only used for pan of the year and these people arc all taxpayers. but there is only a fraction of the year that those baseball parks are used. They arc no less of a taxpayer. as users of that park, than we arc and we use it all year round ... cvcn in a snow storm. Greg and I have been there in a snow storm with our dogs because they enjoy the snow and wc use the park all year round regardless of the weather. So, this is a good use of open space funds and for the studies nccdcd to get to that point. So, I don't see anything wrong with using taxpayer money, in this case open space funds, for this type of use. Our community is very spirit oriented and we did a little bit of a cost analysis for creating an off-leash park . As you know, wc have talked about usi ng Belleview Park and also using, in the past. Centennial Park and wc know there is a big difference in terms of co t. At Belleview Park for example. we are estimating at about $40,000.00 in costs plus of course, whatever it takes for the st udies . We feel it is really unobtainable to get Centennial beca~. as you know, Parks and Recreati o n has put a price on that of S 186,000.00. So it seems to me it would be very prudent to use Belleview Park. whic h has amenities already ... it is already there, has land available. It makes sense to use it, not only from a taxpayer's point of view, but al so it would be very easy to set up, in comparison to Centennial. So, you know, there is a big cost savi ng s the re and is also very prudent. If you arnonized what the parks would cost over the next ten years and including what Englewood Unleashed as an organization can bring in to the City through donations, we arc talking about. not including the studies, about $40,000.00 over ten years is, which is about $4,000.00 a year over ten years. That i romething th at is very easily attainable for us and we may be able to raise a good ponion of those funds and more. So. your contribution becomes a very practical thing for the City to s uppon especially when yo u have a group hkc Englewood Unleashed who brings in donations and funds and wc have also been very successful do1Dg that cspeciall SIDCe we got our 501 -3C. Some of the users around the country that are very spirit oriented. that already have dog parks ... I am ju.~t going 10 give you a few examples from a list of several hundred . One is in Kenton County Kentucky ... they estimated that a dog park would estimate at about $50,000.00 so wc arc right in the ball park there . There is one in Burlington. Ohio that has a four acre dog park that cost $50.500.00 and again wc are right in the ball park there. There is one in Santa Maria. California which is only $28,000.00. Again, these are all used with either the ope n space funds or City money . Raleigh. Nonh Carolina has an off-leash park that they esumatcd to be about 7 ,000.00 ... the final cost. In Lafayette, Indiana they estimate it will be about 100.000.00 ... th< final cost for their dog park. And ID Chapel Hill there arc four 18 to 63 thousand square foot parl.s ranging ID c,~t. e.ich . from 12 .000.00 10 5-i).000.00 eoch. So four parks, even at that rate, we arc still in the ball parl. and being ,er reasonable of "hat 1t 1s c 1,ng . I don't hke to make fun of Boulder. becallSC I don't li,:e there. but Boulder, o f n ursc,. ha dog par and the esomated that they spent about $59.000.00 on their dog park. I maLc fun 0 1 them l>a:ju,c "c l"JYS all Boulder. 2 uare miles surrounded by realuy. But thcy arc very rommumt . ,,rient~'d anJ a 101 of people h ,·c dogs and use the off-leash parks like Englewood does and this is a very good ,n, e tm.:nt in the commurut)' and u c,uzens I "111 "r11p up b , saying to thc City Council that I dunk this 1s ' ,• • • • Englewood City Council April 4, 2005 Page4 ·• • 0 (J not only a good investment, it is a prudent use of tax funds. We as users, arc also taxpayers and we would like to be able to use it and be able to give the City some contribution as well . As an organization, we participate with the community and the off-leash users to use this park and create good amenities for everything else. Thank you for your time. c) Nikki Ferarri-Kcnnedy, 3303 South Corona Street, said I just want to reiterate that our organization, and the community that our organization represents, wants this project to be a two-way street. This is not simply us coming to you and asking for money and we arc going to take it. We want to give back to our City and to our community ... so I am going to address some ways that we arc proposing to do that with the creation of this dog park. I know that money is an issue and it is a concern and we can address that issue. Our organization has had ongoing discussions of imposing an annual fee for users of the dog park, thus recouping some of the costs for the City on an annual basis. We arc have 501-3C status, which will, and has already, helped in the two weeks, I think, that it has been since we've had that status. We have already secured a $1,500.00 donation just in that two week period. There is a donation as far as turf from ACC that wc arc working on negotiating with them on, for turf at the dog park. The other issue that I wanted to address was the possibility of a tradcoff. We arc willing to maintain the area you designate to us and also give us a section of a similar area that wc can help you guys improve at the same time ... that you arc ROI allocating to us, but wc arc helping you to improve. We arc willing to do that. I am going to say that, personally. I won't commit the committee to it. And then the other main issue that I know is a concern brought up repeatedly in Study Session ... the waste and therefore why the studies arc being conducted. I am not sure if any of you arc familiar with how Denver docs their park system. They have a red, yellow, gmm light system where it is posted in the park. If the park is in the green status, it means that maintenance and clean up is great. you arc on top of it, you arc doing everything you need to do. Yellow is brought up when you arc on the borderline and the park is about to be closed because maintenance and waste is more than it should be . And, red means the park is closed until it is cleaned up by the people that use it and it stays closed until it is cleaned. So we arc proposing that if the City wants control over whether this park stays open for wasie concerns, that is one way to address that concern. I just want to say that the main contribution that our orpnization can bring is increasing the number of safe and socialized dogs in our community. Everyone knows that it is the socialized dogs that don't create problems, it is the animals that arc not socialized that wc have conflicts with. Tavis Hanna, who is our outreach committee chair. has made some great progress with working with an obedience trainer to secure some classes and we want to start doing that for our members. starting in May I think, after our next newsletter comes out. So that way we can conduct obedience training for our members. which means off-leash dog obedience training. I think that will help improve the number of socialized and safe animals that we have in our community. And we hope, int.he future. to get dogs trained and certified to go to hospices, and schools and hospitals where a dog can have a great impact on someone· s day . I was thinking about it and if every project that the City Council put funds toward could have a return, that would be a deal. It is ROI reality. but I think our members would agree that this is a project that can give back ... there arc returns ... there arc monetary returns and there arc returns for our community. You know. we are just asking for a chance to prove it, because we believe in it, we arc excited about it and we hope you guys are. That is all I have to say and I am sorry if I am boring some members of Council. d) Anita Halick, 782 East Amherst Place. said I am here to tell you thal safe, clean water is a basic human right and I am sad and appalled that I had to come here tonight and ask my elected Council to vote to save my water. I am a member of the original Off-Leash Task Force and last Tuesday I was asked to sit and listen and have people educate me as to why the City should consider moving the Task Force's recommendation from a landfill site to a flood plain flood way site that is adjacent to our water purification system. I Ii tened first as a Task Force member and then as a citizen and only one conclusion can be made. Are wc really goina to disc~• spending $50,000.00 for a feel good study that might give us low percentage rate that miaht COlllaminate our wuer. Is that an okay thing to discuss? Is it really e,·cn worth discussing ... pu111ng our people in jeopardy? As a health care professional. "e give our patients odds for negative outcome and lnvo to the mecbcal communaty for beans able 10 reduce most negauve outcomes to a very low percentage. That ncaative OUM:omc however will only affect one person ... the patoent. Your vote i going to affect thousands and tholisands ofpeople ... 00( only in Enalewood. bul also the communuies that we serve with our water. And. have '"-e asked them ifth1 is IO'IIS to be oby for them? Please do ROI vote to spend our t:u. dollars for studies that ma produce low ncplive OUIC-on waJer contamination. This ity and our urrounding citie deseoe to bio,o• that Enalewood will ROl pmble with our basic human roghb . Last year this Council comm, aoncd a Task Force . We met for seven -i. and --inslnlCtcd to vote. We ,o ted and g.ive our recomrncnd;iuons. If the Centennial Site i not a suitable aate dlle kl dollars. dlCII how can \\CJU t1f) tu o ur ,n,~cns s ite '"here '"e are ... 1llin11 t possibly compronu our wMet" I annoc k'CCJIC ,. ' .. ·' • • • D Englewood City Council April 4, 2005 Page5 that Englewood has been reduced to a City who values money over human rights. Again, I ask myself and you before you vole, are we really going to discuss that spending $50,000.00 on studies for feel good percentages on water contamination is an okay thing to discuss? If our society docs not think clean, safe water is a basic right, then we should all sign our living wills tonight and say God help us all. Good night. c) Linda Counterman, 2975 South Pennsylvania Street, said I was an original commissioned Task Force member for the Off-Leash Dog Park and I am again surprised that I am standing here before you asking you not lo vole, al least for the Belleview natural area, to be considered as an off-leash dog park area. I feel tha! the money would be a waste of time and energy only for a negative outcome ... to be told that we shouldn't use this area because it compromises our water. Compromising water is not an option. Englewood citizens have the right to have safe, clean drinking water without additional debris or cost to clean the water. Belleview nature area was an original compromise, but that was before anything was discussed with the original commissioned Task Force that this was on a flood plain ... that it was only a block and a half away from the intake area of our water plant. There arc going to be several costly studies that need to be done before we could even move forward with this . I would say that, that money could be spent a whole lot wiser and/or if you are going to waste the money on a bunch of studies that we may end up saying no to, because we are on a flood plain, contaminating our water ... just band it to them ... lct them have it ... 50, 60, 70, 80. 100 thousand ... give it to them. Let them find another place. Englewood is a gorgeous city ... old, maximized growth, not a whole lot of places to go. We have green space that is nice for the kids and I agree that there is a need for a dog park. I am not here to say that there is not a need for an off-leash dog park. I am here to say that the Belleview natural area and compromising our water is not an option. I propose to City Council that we commission a Task Force again ... possibly finding a compromise area of available green space that all of us might find suitable. I know in the past I have said no. I know, you know, there bas goc to be something to make everyone happy. There has got to be. But, I am not going to compromise my water or waste the City's money by doing studies. How much is it going to cost? And is Englewood going to sit still for this? What about the people that we ask to take additional measures to make sure that their waste upstream was not conwninating the Plaltc because we use it? Because that water ends up in OW' water SOW'CC in our plant. What about them? You think that they are not going to come back to you and say why arc you putting a dog park on that flood plain? I think that we can be fair to everyone. Don't compromise my water. Thank you. f) Shannon Sturgcn, 2431 South Tejon Street, said some of the concerns about the water I want to address a little bit. I knew that Highlands Ranch has bad stuff in the paper about their water contamination planl which obviously affects us , because it is water coming down the stream. Thtft is an off-leash dog park that bas a stream running through it in a green belt that dogs can get into that goes into the Platte River. Nobody bas ever bad any problems with that. You know there has never been a problem about a study or anything like that. I am talking about this because the treatment plant is right there. What about last Fall when there was water contamination from the Chatfield Reservoir water ... with disease? We didn't have anything to say about that either because it was already way before us. bul that waler still affects us . There is always going to be some kind of contamination going o n in the water whether ii is going to be the runoff from oil or antifreeze. Because I have seen my neighbors' antifreeze leaking out of the driveway into the sewers and into the gutters and stuff. So, there is always going to be some kind of comamination. We lake steps with the purificat.ion plant to make sure that that water is safe. There arc civil engineers who can make sure that our water i safe. Everybody is entitled to safe w~. That is why there is a purification plam. Thai· why they arc there to make sure that the water is safe for all of us lo drink . Thank you . g) Pamala Sampson. 1801 East Girard Place, Unit 112, said I am not here to talk about a dog park or the waler. I am here to talk about diversity in Englewood. I have been here in this city a year and in that year I've had real problems keeping my money in this commi;nity ... as far as things that people of color may need. I am here 10 a k for help in helping me and people that I know that arc of color in this community ... to help us keep OW' funding in th, community. I am a comm, ,oner in this community and I feel that it is very imponanl that I keep my dollars here and that I keep my lime and effort here. but I am finding, o n a rc1ular basis, I cannoc find clolhcs. I cannot gel my clothes clean, I cannot find hair care product . My dau&hter was off on Spring break for two weeks and there wa nothing for her to do here. because a IOI of the things were either closed or clo&in& down or DOI open during this time. So, 1f the City Council has any information to help me. to help not only myself but the ocher people who l: me if I know where they can find things in th1 mmunity .. .I would apprecl&le some infOl'lllllioa on that. I've can, asscd this are:a as much as possible ... even up to Littleton and I have noc found anytlllna that will t • • Englewood City Council April 4, 2005 Page 6 D assist me in keeping my d o llars here ... my recreation dollars, as well as my personal needs dollars, in this community. I really would appreciate if you would help me. Thanlc you so much for listening. Mayor Garrett said thank you very much. 8. Communications, Proclamations and Appointments (a) An e-mail from Maria Fraictta announcing her resignation from the Planning and Zoning Commission was considered. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO ACCEPT THE RESIGNATION OF MARIA FRAIETTA FROM THE PLANNING AND ZONING COMMISSION. Mayor Garrett asked if there were any comments. Councii Member Wolosyn said I have a question. Do we have an alternate in place for that? After discussion it was determined that the alternate position was vacant. Council Member Bradshaw said so what wc will do is just declare that we have two openings on Planning and Zoning Commission for our June interviews. Vote results: Ayes: Nays: Absent: Motion carried. Council Members Barrentine , Bradshaw, Garrett, Wolosyn, Woodward, Tomasso None Council Member Moore (b) A proclamation declaring April is• as Arbor Day in Englewood was considered. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DECLARING APRIL 15TB AS ARBOR DAY IN ENGLEWOOD. Ayes: Council Members Barrentine , Bradshaw, Garrett, Wolosyn. Nays: Absent: Motion carried. Woodward, Tomasso None Council Member Moore Mayor Garrett said we were named 2004 Tree City USA, which wc have made for several consecutive years now. Mayor Garrett presented the proclamation to Open Space Manager Dave Lee. Mr. Lee said thank you very much. I would also like to invite Council to the Arbor Day activities, the first of which is o n Saturday. April 16• 10 be held at the Golf Course Maintenance facility at 9 :00 a.m. Boy Scout Troop #172 will be planting 15 or 20 small tree to be raised in our tree nursery and from there they will be planted both at the Golf Course and parks. On either April 26• or 27'" we have an activity planned with Clayton Elemenwy School . Har Teitelbaum from Tree C limbing Colorado will be giving a tree climbing demonstration for students tbcrc . It has not been finalized yet, but I will update you further when the time bccolllCll available. Thank you. 9. Consent Agenda COUN C IL MEMBER BRADSIIA W MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA IT EMS 9 (a) (I), (H), 9 (b) (I) AND 9 (c) (I) ud (II). (a) ppro, al of Ord,nan,.,--es o n First Reading ' • • r Englewood City Council April 4, 2005 Page7 (i) COUNCIL BILL NO. 8, INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE APPROVING AND AtITHORIZING THE EXECUTION OF THREE INTERGOVERNMENTAL SUBGRANTEE AGREEMENTS (CDBG) FOR THE YEAR 2005 BETWEEN THE ARAPAHOE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF ENGLEWOOD, COLORADO. (ii) COUNCIL BILL NO. 9, JNTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE APPROVING A TEMPORARY CONSTRUCTION EASEMENT AND A CITY DITCH CROSSING LICENSE AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND MICHAEL P. DRYER FOR THE INSTALLATION OF A FENCE ENCROACHING INTO THE CITY OF ENGLEWOOD'S EASEMENT AT 4901 SOtITH LIPAN DRIVE. (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO. 12. SERIES OF 2005 (COUNCIL BILL NO. 7, INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE APPROVING SUPPLEMENT NO. 160 TO THE SOlITHGATE SANITATION DISTRICT CONNECTOR'S AGREEMENT FOR THE INCLUSION OF LAND WITHIN THE DISTRICT BOUNDARIES. (c) Resolutions and Motions (i) Agreements with Xcel Energy for construction of upgraded elcc1rical transmission lines and the reserve capacity of 4,000 KW on each electrical feeder for dual electric service to the Littleton/Englewood Wastewater Treatment Plant in the amount of SI 13,337.00. (ii) Contract with Av-Tech. Inc . for the purchase and inslallation of equipment n,quired for the police vehicles. in the amount of $71,344.24. Vote results: Ayes : Nays: Absent : Motion carried. 10. Public Hearing Items Council Members Barrentine, Bradshaw, Garrett. Wolosyn. Woodward, Tomasso None Council Member Moore No public hearing was scheduled before Council. 11 . Ordinances, Resolution and Motions (a) Approval of Ordinances on First Reading There were no add1t1onal items submitted for approval on first reading. (See Agenda Item 9 • COIIICIII A,enda.) (b ) Approval of Ordinances on Second Reading There were no addiuonal items submitted for approval on second reading. (See Aaenda Item 9 • Con.ell! Ase,ida.) (c) Resoluu o ns and Motions There were no add111onal resolution or motions submitted for approval . (See Aaenda 11cm 9 · c-.. Apmla.) 12. General Discussion ' .... .. • • Englewood City Council April 4, 2005 Page8 (a) Mayor's Choice Mayor Garrett did not have any matters to bring before Council. (b) Council Members' Choice (i) Council Member Barrentine: 0 t J I. She said I wanted to say that the stuff for the Golf Tournament by Positively Englewood is going really well. We arc having another meeting this Thursday. We have come up with a brochure and formacs. We only have 144 spaces available for golfers so wc also made available another spot so that people could go ahead and participate if they didn't want to golf. So, wc arc looking forward to that. We've got several people signed up already, but now that we have brochures we can get moving. 2. She said I wanted to again voice my concern. In Study Session wc were approached to go ahead and approve this study. I think that those votes should be done in open Council regardless of whether the perception is that that money has been set aside already for a function or not. Spending this kind of money ... 17 to 38 thousand dollars on a study in a nood plain ... should be something that is voted on in a City Council Meeting and not in Study Session. I have a concern about the way that this was handled before. Before there was even any money involved. there was a huge concern on the part of the community about having an off-leash park of any kind. let alone the potential of this kind of study money in a nood plain where we will need FEMA 's approval eventually to put anything in there anyway, and looking at anywhere from SO to JOO thousand dollan when we arc all done. It was unfortunate last time, I was running as a candidate when all of this came about and it was unfortunate that on both sides it became a personal attack issue and I hope that it doesn't go that way this time. I want to tell you. sincerely. that I am dealing with this as an issue. I 11cM from an awful IOI of people ... they arc taxpayen too. It is not ever that I said it is a waste of money, but that it is not a prudent way to spend taxpayer money when the potential of success on the outcome is very low in having this go through. I do disagree with spending the money on the study. I disagreed from the beginning on spending any City money on having an off-leash park and I think that wc have gOlten really far away from that. But like I said, I am dealing with the issue and I am dealing with a lot of people who arc taxpayers and constituents as well who contact me and they have to be heard. And that is how they arc being heard is through me . And also like I said, to voice my concern, that I want those things taken out of Study Session and brought in to vOIC here. (ii) Council Member Bradshaw: I. She said to correct one of the people who spoke to us earlier, I believe it was either Anita or Linda, the intake for our water supply is a mile from Belleview Park. And, there is a IOI of stuff in between there, including some automobile grave yards and numerous things and we haven't even begun to calculate that. So, if anything, maybe we should do a larger tud y o n what docs go by our intake. I really think, as stewards of this City, that it is o ur responsibility, both as a fiduciary and as a cit ize n, we all drink the same water too. I just don't understand why we have a red herring comi ng up when that is an issue that we will be addressing and wc are addressing with engineering . And, I wa nted to make that statement. 2 . She said speaking of historical structures. what are we goin& to do with the depot ? Just thought I would throw that out there . It h!b been ittmg there a long time and nothing has happened . Ori&inally it was goin& to be used as a sales office for the General Iron development. I just think that, apin, it is City owned land and probably we need to make that some type of something or sell it to someone. because I really don't want to be dcalina with being a land o"' ner. That is not our Job. Council Member Wolosyn said I just have a questio n. The land 11 its on. I think, is park land? Aren't they sort of two di stinct things ... we moved the depot 10 it on? M • Bradshaw said no. Mayor Garrett said there arc four lots. Ms. Bradsha said. ong1nally the Housi ne Authority o wned those and we bou&hl them from the Housin& Authority. which d1dn ·1 put them back o n the tax rolls ... it JUSI moved them from one non-tauble e111i1y to another. I really have a problem "'1th ~ o"' mng property. Council Member Wolosyn saad I had assumed that was park land, Lnda. sorry. 0 11nc1I Member Bradshaw said ... be thinkma of some way. somctlun& to do with the depot . ' ... .. • • • r Englewood City CouncU April 4, 2005 Page9 ·• • • n, ~ CJ 3 . She said I here is an inlcrcsting event occurring up by where I live. It is on the sou1hwest comer of Chenango and Delaware. There are signs all over this yard that this person is auctioning off their house this weekend. Now, judging from the condition of that yard, it might not be a bad idea, but there is an auction and people arc free to go through and view the house on Saturday and Sunday. It is a white house on a corner that sits diagonally across from Sinclair. I just thought that was interesting. I didn't know we had that many house auctions in Englewood ... so if any of you arc interested, that is a good event. 4 . She said I cannot give Don Ingle enough credit for all the things he has done for this City. That presentation of our web site tonight was phenomenal . So, if you could convey to Don and Leigh Ann how impressive it was. Council Member Woodward said they do an incredible job. Ms. Bradshaw said they really, really do. I know we have pushed Information Technology to the end with Permits Plus and some of these other things, but boy is that slick how that works. So, if you would just convey that . City Manager Scars said it will really make a difference. Ms. Bradshaw said you bet. Thank you . (iii) Council Member Tomasso said I missed a lot of excitement this last week by being out of town. I was here a week ago Saturday and I stopped by the fire at 3067 South Acoma. In talking with the firefighters, when they arrived they thought it was a single family house ... they just thought it was an awfully large house. I guess the smoke obscured the seven mail boxes on the front of the house, since it was billowing out the front. They went in to discover six apartments, walls in the basement that had no permits, five foot eight ceilings in the basement and a whole apartment building. Fortunately, everyone got out alive and safe and sound. But these landlords that are misusing our City arc endangering the lives of our firefighters. as well as the people they rent to in basement apartments. I understand this particular landlord is taking his appeal to the Board of Adjustment and Appeals to rebuild his illegal basement walls between bedrooms. And, I think the City should really look into this issue and prevent this from happening. It is basically why we need to register these landlords and to maintain minimum standards in o ur housing for the people who live in this City and work here. I would also like to thank them for puning ou1 the fire in the trailer park the night before. They have been busy and doing a really good job. (iv) Council Member Woodward said I would just like to start by acknowledging and thanking Englewood Unleashed for the work that you have done over almost the past year now. And I just want to address ... as I mentioned in the Task Force meeting ... that I believe what we arc doing is correct in that we arc doing the study to find out if the water is being affected, if the flood plain will be affected, if it can be mitigated and I think that is the responsible way of handling this. I believe that Linda bad brought up the point about us going back and looking for other land or trying to find other land that may be available. pulling together another Task Force ... I think we explored all of that with the Task Force. And. I guess I would invite. at thi s point. if citizens really believe that there is land o ut there that is City owned ... which was one of the criteria that City Council bad set up for us ... if there is land out thcr~ that citizens can identify that is adequate for an off-leash dog park, to bring it forward . I don·, know of anything and I have been involved with this since 2001 when we put everybody on-leash except for the five parks. So. in any evenl . Laurcu ... just so .. .I can public ly say I am in support of doing the studies and I voted to do them. Thank you. Council Member Barrentine said I wanted to add that the reason that we went to the Task Force again was because I reque red that originally we were given information that the Task Force was in agreement with Belleview. When you sat on that commission. before you got o n City Council, you came with that Task Force. participated as a member of the Englewood Parks and Recreation and it came back that Belleview Park. of the three parks that you 10crc look mg al. ,.a not one of 1hc ones that you would recommend ... it was Centennial Park. I asked for the Task Force to meet aga,n and ,.as very surprised when I found out 1ha1 there were people who were representing the other ,de that had been pul o n that Task Fon."C before. who voted no, when I was originally told that there was absolutely no obJecllon to th1>. So. I sti ll have those concerns and the reason that I asked for the Task Force to meet again. I think ,.ere vahd. Council Member Woodward said I JUSI also wan1 to make the point that the Parks and Recreation Comm, ion unanimously mad.-the reco mmendation that Caty Council move fonnrd . The Task Force votcd 4 to 2 10 mo,-c for,.1U"d and Cit) l>unc1l now bas voted. I believe 11 was 6 to I to move forward. 1,) ounc,I Member Wolosyn: ' .. .. • • -- Englewood City Council April 4, 2005 Page 10 1. She said I would like to say that I am sorry to sec Lauri Danncmiller go. I congratulate her, but I'm also sorry to sec someone who was always professional, creative, direct and knowledgeable in everything she did in this City. I know that in working with the Commissions that have worked on projects with her ... from ACE to Cultural Arts .. .I have always heard such high regard spoken by members of the community towuds Lauri. 2. She said I want to thank the members of the dog force . I think you arc exemplary of a group that is trying to work within the confines of City government in a positive way and I appreciate that. ••••• Mayor Garrett said I do want to make one comment. On Wednesday of last week a couple of us ... I know Bev was there and so was Olga ... we got to sec the dedication of the Habitat for Humanity home u they started the renovation. At least from my perspective, they were smart enough not to give me a hammer, so I did not injure myself or others when I was there. But it is a wonderful project. It was a great family that wc got to meet and sec what great things they arc going to be doing there. And then it happened that Bev wu able to get us into the A VS home next door that was built. It was dramatic. I can tell you that I was amazed at bow nice that home is designed on the inside and what they did to that beautiful home that now will be sold. So, it is wonderful to sec sort of an investment going in up on the hill and hopefully that neighborhood will st.art changing and looking a lot better. If you get a chance, go sec it. It was really fuMy that they were quite shy about speaking, but they did an excellent job when the family was asked to speak. So wc have new residents coming to Englewood. It should be ready in about two or three months. Is what they arc projecting? Ms. Bradshaw said about the middle of June. Mr . Garrett said they arc gutting the whole inside. There were some interesting nooks and crannies in the old design that should be changed. So anyway, if you get a chance, drive by up on Wesley and just take a look at what they arc doing. I know a couple of Council Members arc going to go swing those hammers. Ms. Bradshaw said for comic relief, if you want to come by on the n•, Olga and I arc working on the house together ... maybe not together but ... Ms. Wolosyn said they might keep us apan . Mr. Bradshaw said they better keep III apart. Mr . Garrett said they will be supervised. 13. City Manaaer's Report City Manager Scars did not have any matters to bring before Council. 14. Clly Attorney's Report City Auorncy Brotzman did not have any matters to bring before Council. 15 . Adjournment t .: .. .. .. • • 1. 2. 3 . 4 . 5. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, APRIL 4, 2005 7:30 P.M. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 Calltoorder.Q.!// ~ Invocation. ~ Pledge of Allegiance. ~ RollCall. I/~/~~ Consideration of Minutes of Previous Session. (J Minutes from the Regular City Council meeting of March 21, 2005~ 6 . Recognition of Scheduled Public Comment. (Please limit your presentation to ten minutes.) a. Debby Pool, Arapahoe Acres resident, will address City Council regarding the property at 2931 . South Franklin. 7. Recognition of Unscheduled Public Comment. (Please limit your presentation to five minutes. Time for unscheduled public comment may be limited to 45 minutes and if limited shall be continued to General Discussion .) a) G.reg Kainer. dog park e) Linda Countennan. dog parl(/water b) Kim Lo\/8 • dog park f) Shannon Sturgen • dog parll/water c) Nikkl Ferarri-Kennedy · dog park g) Pamala Sampson • diversity in Englewood d) Anita Halick -dog park/Water 8 . Communications, Proclamations, and Appointments. E-mail from Maria Fraietta announcing her resignation from the Planning and Zoning Commisst0~ Proclamation declaring April 15 ,i, as Arbor Day in Englewood . ~ a.,MJjfii ~ -/Ja . ~/d ~-ob . 9 . .-ConW1t~~e~'1.'.t;rr;~~ · ~/M ~ °J~1)i 16-i apff1 ~ q. /5~rdinancesonFirst~ AND "C/e_.; 1-'il ) Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303-762-2407) at leas t 48 hours in advance of when services are needed. Thri ' .. ..• • • Englewood City Council Agenda April 4, 2005 Page2 i. Council · . Recommendation from the Community Development Department to a opt a bill for an ordinance authorizing the execution of three Intergovernmental Subgrantee Agreements for the 2005 Arapahoe County Community Development Block Grant Program between the Arapahoe Board of County Commissioners and the City of Englewood. STAFF SOURCE: Janet Grimmett, Housing Finance Specialill ii. Council Bill No. 9 -Recommendation fron 1 the Utilities Department to adopt a Bill for an Ordinance approving a License Agreement and Temporary Construction Easement to install a fence and maintain a portion of the City Ditch at 4901 South Lipan Drive. STAFF SOURCE: Stewart H. Fonda, Director of Utilities b. Approval of Ordinances on Second Reading. Council Bill No. 7 approving Southgate Supplement No. 160 to the Connector's Agreement with Southgate Sanitation District. c. Resolutions and Motions. i. Recommendation from the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee to approve, by motion,Jhe agreements with Xcel Energy for construction of upgraded electrical transmission lines and the reserve capacity of 4,000 KW on each electrical feeder for dual electric service to the Littleton/Englewood Wastewater Treatment Plant in the amount of $113,337. STAFF SOURCE: Stewart H. Fonda, Director of Utilities, and Mart( Van Nostrand, Senior Proied Engl-. ii. Recommendation from the Safety Services Department requesting that City Council approve, 12¥ QYlrion, the purchase and installation of equipment required for the police vehicles. Staff recommends awarding the contract to the low bidder, Av-Tech, Inc. in the amount of $71,344.24. STAFF SOURCE: Tom Vandennee, Division Chief. 10. Public Hearing Items. (No Public Hearing Scheduled .) g 11 . Ordinances, Resolutions and Motions. a. Approval of Ordinances on First Reading. ff App~Ordinances on Second Reading. b. c. Res~s and Motions. 12 . General Discussion : a. Mayor's Choice. b . Cound Member's Choice. Please note: If you have a disability and nttd auxiliary aids or semen. please notify the City ol Enatewood (303-762 -2407) at least 48 hours In adv.mce ol when semces are needed. Thant .. • • Engle~ood City Council Agenda • Apri l 4, 2005 Page 3 13. City Manager's Report. 14. City Attorney's Report. 15 . Adjournment. 'j7:Jt:; ~ The following minutes were transmitted to City Council between March 18 and March 31, 2005 : • Code Enforcement Advisory Committee meeting of February 16, 2005 • Liquor Licensing Authority Telephone Poll of March 2, 2005 • Planning and Zoning Commission meeting of March 8, 2005 Please note : If you have a disability and need <awoliM)' <lids or ser.icn. ~ nollfy ._ City ol Ei.,.,ood (303 -762-2407) at least 48 hours in adv41fl<.e of WMn 5efVICt'S life l1ftCled. 1Nillt • • -- e ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session Man:h 21, 2005 1. Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Garrett at 7 :34 p.m. 2. Invocation The invocation was given by Council Member Barrentine. 3. Pledge of Allegiance Boy Scout Troop 199 presented the Colors and led the Pledge of Allegiance. 4. Roll Call Present: Absent: A quorum was present . Also present: Council Members Tomasso, Moore, Barrentine, Garrett, Bradshaw, Wolosyn, Woodward None City Manager Sears City Attorney Brotzman Assistant City Manager Flaherty City Clerk Ellis Director Olson, Safety Services Lieutenant Sanchez, Safety Services Director Fonda, Utilities Director Kahm, Public Works Director Gryglewicz., Finance and Administrative Services Director Black, Parks and Recreation Open Space Manager Lee, Parks and Recreation Engineering/Capital Projects Administrator Henderson, Public Works Field Operations Administrator Nimmo , Public Works Community Development Manager Danncmillcr 5. Consideration of Minutes of Previous Session (a) COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF MARCH 7, 2005. Mayo r Garrett asked if there were any comments or corrections. There were none . Vote results: Ayes : Nays: Motion carried. Council Members Barrentine. Moore. Bradshaw, Garren, Wolosyn. Woodward . Tomasso None 6 . Recoanitioa of Scbeduled l'llblk C-nt There were no scheduled v1s1 tors. ' ,:~ .. • • C • •• • • Englewood City Council March 21, 2005 Page2 7. Recognition of Unscheduled Public Comment (a) Scoutmaster Ken Maetzold said I want to give tribute to one of the greatest organizations our country has, which is the Boy Scouts of America. I have been privileged to be the Scoutmaster of this Troop for fifty years. I'm retired now, but I'm kind of their mentor and they gave me a Scoutmaster Emeritus patch, which I wear with great pride . So, I am really glad to be here tonight and we honor the Boy Scouts all over this City, this State and this Country and we live for values that we know we will always uphold. We have Eagle Scouts that represent the Boy Scouts of America faithfully for the rest of their lives. They give honor to our Country, give honor to our God and that is kind of what we arc about. But while we arc doing all that, we have an awful lot of fun . Our Troop has kind of gotten known as the advcnturc ... high advcnture ... Troop of the Denver Arca Council, because we are all over the mountains, and we're paddling canoes in Canada. That is partly what holds the Boy Scouts together and especially our Troop. It was a very rewarding experience for me to be the Scoutmaster for all those years. I am glad to be here tonight with you. Thank you all. There was applause . (b) Scoutmaster Kevin Koalcnz said I would like to start off by thanking the City Council for your support of our Boy Scout Troop. In the process that a boy goes through in the rank development and the achievements in scouting, he must provide a leadership project. And more than once, the City of Englewood has provided us an opportunity to provide that service to you through one of our boys. Tonight we arc here in support of a very special boy in our Troop. Alan Carrick, would you stand up please? Alan put together a service project for the City of Englewood and it was very successful. .. helping you with your Parks and Recreation ... refurbishing the signs , rebuilding picnic benches and saving the City quite a bit of money by reusing materials and our free manpower. He provided the leadership for this . Some people might say ... well it is just another Eagle project, but Alan has turned 18, which is the limit when you can work on Eagle and he had finished his project prior to that so he is on his way to being an Eagle Scout. But Alan is a pretty special character to us. He has been in our Troop since he was eleven years old. I have watched him grow from a very small young man with a lot of smiles and a lot of vigor and now he is 18 and looking forward to his Eagle rank. Cystic fibrosis has not kept Alan from doing all the things that a lot of people might not have been able to accomplish. He has worked through that and I wanted to make everybody aware of that tonight. He spends week after week in Children's Hospital under treatment for this disabling disease. I don't know how long Alan will live on this planet, but I can tell you right now, as Scoutmaster. that I am glad tow rk wi1h this young man and glad that he has affected this community and glad that he will be an Eagle Scout . I wa nted 10 come here tonight and thank you all for letting him have that project and get that accomplished . So Al a n, good job and thank you very much. I am sure the City of Englewood appreciates all your efforts as well. There was applause. ( c.) Alice Hanna said I am vice-president of a non-profit organizatio,n named Englewood Unleashed, which many of you know. We just wanted to kind of give you an update ... some exciting things have happened . We finally got our notificati o n from the IRS on March IM that we are a full-fledged tax exempt organization, which was effective actually in July 2004. With that we wanted to let you know that we have raised approximately $2,500.00 and that was while we were waiting for that tax exemption. We really want to go forward with the fund raising process. but we really think it is crucial that we know where the off leash park will be before we can really push for that fund raising. A lot of people want to know where it will be . If we go to business sponsors such as Petco, I think that is going to be one of their first questions ... where is this park going to be? So, we really encourage City Council to work with us and the staff in creating a dog park. Thank you. There was applause. (d ) G . L. West said I got a letter from Larry Nimmo about my concrete. Like I said before, about 25 years ago they had a one assessment deal to the adjoining property for street repairs. which I paid. It took me ten years 10 pay it. but I got it paid . And now they want me to pay for concrete that is sunken in and it is broke again. It 1 a piece that I paid for before. Your water truck pulls up o n the sidewalk. loads up 16.000 pounds of water out of my hydrant on the corner and you guys want me to pay for it . I was telling Larry Nimmo about it and he said why do n't you call Englewood. I said who do I call ... you ? Mr. Nimmo said no. I'm the wrong depanrncnt. I said that is the same an wcr you get when you call Englewood . Anyway. after I left his office, I went down and mcuured the wheel base on the wa1cr truck that ha been parking on my sidewalk. It is 19 feet and you can go from the sunken concrete t the broken piece of concrete and it 1s 19 feet. And on top of that. tonight I was watching that sucet "ceper coming around and where the concrete I sunk in there . it drops it's dirt therc ... docsn't even pick II up . ny"a), I think u ,s about ume Englc:"ood paid for me of that. as I've got several guys that remember it. He said . It .I-, • .. ,• ' • • - ( Englewood City Council March 21, 2005 Pagc3 ·• • • 0 in the letter it said that I had to get a permit. Well, three years ago in January, I got a permit and I hired an Englewood contractor who had a pcrmit. .. let me put it that way. He started the end of January and said it would be a six day job. April 12"' he got a factory rep out there to show him how to do the job. In the middle of June that year, I came down to talk to the City Manager, who was gone, but there was a woman there that said she was an Assistant City Manager. Anyway I told her what my problem was and she called over Lance Smith who between the two of them sat there and they told me, just down right said, there is nothing they can do about 1t. They can't even force somebody to buy a permit. What have you got ... double standards? I'm not quite sure what is going on here. Anyway, I think it is about time for you guys to start paying for some of the damage that your employees do. And you can look right across on Bates Aven11C where that grader has tore that concrete up and I mean literally tore it up. And that's why you had to fonn the concrete deal, I am sure ... to help replace that. He said I think when they passed this new concrete deal, they ignored it, they thought people arc old enough and they either had moved, died or something and just passed it without regard to the people that paid that bill . South of me on Ogden, not one person paid. East and west on Bates, nobody paid. Cornell never paid, Emerson never paid. Now here you want me to pay again. Mayor Garrett said in respect to the concrete issllC, if you could talk to this gentleman, Mr. Kahm, who is the Director of Public Works, he can help you identify the damage that may have been done by the water truck. So, if you could talk with him ... if you could step outside and get at least a name and number, he can contact you and work with you on that. Council Member Bradshaw said thank you for bringing it to our attention. (e) Yvonne Steers said I am here as a concerned citizen of Arapahoe Acres and this is concerning a house at 2931 South Franklin. The house is owned by the Parks and Recreation Department and the City of Englewood. I was out walking today and I noticed there was a dumpster in the driveway and went and looked at the house and they are replacing some of the windows. Arapahoe Acres is a historic property ... pan of the National Register. The windows that they are putting in are not appropriate architcclW'lllly for the house. So I decided to call the City today and complain about this and see what we could do. Our neighborhood is working very twd to educate owners on the original features and doing sensitive remodels. What I would like to see .. .I would like to have this project stopped tonight and further work on this house stopped and have a meeting to establish: (I) original features. (2) what needs replacing and how to do it. (3) rcsloring the unique fascia and beam projections on this house, and ( 4) working with the color that would be appropriate for Arapahoe Acres. Like I said, we are on the National Register. yet the City is not doing their pan to help preserve this property. The house was given to the City and also has been receiving rent for many years. so there should be no problem with coming up with the money to restore it properly. Thank you. (f) Diane Wray Tomasso said I own a propcny at 3058 South Cornell Circle in Arapahoe Acres and I would like to speak in s uppon of my fellow home owners comments here this evening. We were able to meet with Mr . Black in the lobby in front of City Council tonight and he bas told us that he is going to immediately speak with Public Works or whoever 1s in charge ... or the Housing, I think ... whoever is in charge of managing the rehab work that they are undenaking over there with the idea that it is going to be stopped. We did advise him that it is not only a National, but a State and an Englewood landmark district and the City. I think, is very well aware that there is an acti ve ho meowners gro up in that neighborhood and yet Parks a nd Recreation did nodting to reach out to that community group and discuss this with them before they started this major elltcrior rehab. So, Mr. Black has agreed that it is appropriate that the project be stopped. However. we did want to stay and talk with you tonight to make s ure that that follows through from the top down. Thank you for your time. (g) Dave Steers said I am al so from Arapahoe Acres and I would just briefly like to say that any damage to the integrity of an individual home damages the integrity of the entire neighborhood. I would really hope that we can wo rk to wards replacing windows with windows that are architecturally appropriate to the homes in the ne ighborhood. The windo ws tt.:u arc presentl y going in are double hung windows that arc in no ocher house in the ne ig h borhood o rigi nall y. Thunk you very much . (h ) Bnun Verbeck said I am a resident o f Eng lewood and owner of Mile Hip Coffee at 871 Eng lewood P ark way . He said I would like to address the COUJK'tl on wuc of zonina. With our wonderful mtxcd use d evelopme nt some o f the zoning things that we ha ve 10 place no w need to evolve with this devcklfl-nt. ' .. .. • • Englewood City Council March 21, 2005 Page4 ·• • • Currently, the City has very specific zoning, which is exactly what zoning is about. There is zoning for residential , commercial, industrial and so on, but with the introduction of a mixed use development that needs to evolve so it is kind of a hybrid between the groups. There are perfect eumples currently in the Denver area, there is Stapleton, which is ten times the size but along the same lines , Lowry Town development and even LoDo. There are a hand full of things that have changed there , so they've changed a few things . With my research, I found a very specific town center called Abacoa Town Center. It is actually located just outside of Jupiter, in Florida. It is very similar. It has retail, food and bars with residential above it. It actually has an amphitheater run by the City ... quite similar to what we have here. It even has a little transit piece ... a trolley. Not quite as historic as ours, but still along the same lines . So, with residents and retail mixing together, their perceived conflicts and currently, again, the zoning ordinances are written for one or the other, but don't necessarily address issues that both may have . If I can read a small, little piece of what I found about Abacoa Town Center, it is more a literary piece of kind of what we created here . "Towns are where you live, work and play. They have substance and they are forever. They hold memories and snapshots of joy and sorrow . Towns are the culmination of many different neighborhoods and they are defined by the main street and town centcr.(Vcry similar to what we have here at City Center) Main Street is where it all comes to life ... the festivals, the shops, the movies, restaurants and galleries, the outdoor concerts. It is dynamic. It is vibrant and acts as a host to the community. It hosts events and celebrations and it is where you go to tell stories, to shop, to recreate and to celebrate . And it becomes and stays forever ... the focus of attention. It is the Town Center." He said so here with the City Center Englewood, I would ask that we address a few of those things as the City evolves and brings us more of this type of development and that we change the docket and the zoning to make it appropriate. That may prevent issues later on. It 's just a normal pan of the evolution of development. Thanks. (i) Greg Kainer, 4443 South Acoma, said I am President of Englewood Unleashed . My dad was a Scoutmaster so I grew up in thai environment so I admire the work that you do, but that is not why I came here tonight. I would like to bring into focus , so that it is crystal clear, the whole picture of events that led up to the decision to fund the water study for the off-leash dog park at Belleview. There was a Task Force appointed and it established criteria after extensive evaluation for selecting park land here in Englewood. Centennial Park was selected initially through a process that basically was an elimination of two ocher locations and was without extensive debate. Centennial later became cOSI prohibitive due to cnvirolllllCDlal remediation. Englewood Unleashed met with the City. We discussed what the community really wanted ... safety and grass ... safety being the number one issue . Through the selection process the numbers just didn't pan out for Centennial. It was expensive and from a rational standpoint, it just didn't seem like money well spent if the community wasn't goin& to use it and it was going to be expensive. So Englewood Unleashed forwarded a proposal using the Tuk Force criteria and the se lection process came back to Belleview Park. Englewood Unleashed made a very concerted attempt over the holidays. two or three months ago, to contact each and every member of the City Council to discuss the proposal that we had forwarded . Most City Council members responded and some didn't. Some didn't even return our phone call s which I questi on ... why ?. since, I think. we put maybe 100 hours into this proposal . And, not to have phone calls returned or not to even consider the work put into it. was a little disheartening to the community . I don 't think that the dog owners arc any le ss of a taxpayer or a park user than say the Boy Scouts or the Soccer Assoc iation. Which reminds me, the Soccer Association has been very accommodati ng to us ... they understand our needs . We share Jason Park with them and we have foup<i a way to get along with each other and we found that it is a very accommodating procc,ss. but I guess I just wanted to make it clear as to how the Belleview Park selection came about . I just wonder why it just appears to go back into a loop after Belleview was the compromise park and the locallon that we arc talking about was the location that they were talking about, although Council initially voted and mi s understood the location and they fessed up. It has been a long and hard process . We have been at this for almtis t a year. So. I just hope that you really th ink about all the community work that has gone into this because. yo u know, the Task Force arc vo lunteers and they arc members of the community. If these were paid consultanlS there w uld be a prctly good bill for all the hours that ha ve been put into this and to bounce it around. It is really taxing on the citize ns and I think we have really acted in good faith . I think every aaency and departmclll that we 've worked with, wnh the City. has realized that this has been a very civilized and diplomatic process that we have been 1R\o lvcd ,n . And . I appreciate the City for that. Thank you . There was applause. 8. Communications, Proda-tions ud Appointments CO NCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEMS 8 (a), (b) AND (d). ( . • .. ' • • • ( Englewood City Council March 21, 2005 Pages ·• • • 0 r.1:---1 ·:i0 (a) A leller from Ann Nabholz informing City Council of her resignation from the Keep Englewood Beautiful Commission. (b) A letter from Laura Bartnick declining her appointment to the Keep Englewood Beautiful Commission. (d) A proclamation honoring J . Louis Parkinson for his years of dedication and service to the City and community of Englewood. Mayor Garrell asked if there were any comments. Council Member Wolosyn said I would like to make a comment on Agenda Item 8 (a) regarding Ms. Nabholz' letter. KEB does not have a mandate for e-mail. Yes, the group docs communicate by e-mail to save paper, but it is always understood and followed up with phone calls to those who do not have it. I wish Ms . Nabholz well in her future endeavors. Council Member Bradshaw said, regarding Agenda Item 8 (d), Louis Parkinson was the Municipal Judge and was quite the character for many. many, many years to those of us who knew him. I remember I was on Council in the 80's and at our budget retreat we would always end up at opposite ends of the spectrum on the budget and he would always storm out threatening us with contempt of court. But, he provided a great service for Englewood. There wasn 't a cause that he didn 't really believe in, that he didn't back 100 per cent. He was very instrumental in getting the Golf Course put in . So, the court system we have today was a lot of hard work from Carolyne Boettger and Lou Parkinson. Mayor Garrett asked if there were any more comments. There were none. Vote results: Ayes : Nays : Motion carried. Council Members Barrentine, Moore, Bradshaw, Garren, Wolosyn, Woodward, Tomasso None Mayor Garrett read, in full , the proclamation honoring J. Louis Parkinson . There was applause . Mayor Garrett presented the proclamation to Patty Franklin. (c) A proclamation honoring Eagle Scout Alan Carrick was considered. COUNCIL MEMBER BARRENTINE MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 8 (c) -THE PROCLAMATION HONORING EAGLE SCOUT ALAN CARRICK. Ayes: Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn. Woodward. Tomasso Nays : None Motion carried . Mayor Garrett asked Boy Scout Alan Carrick to please come forward . Council Member Barrentine said I would like to say that I am very proud that one of the Troop Leaden. Phil Gilliam. took the time to come to me with the efforts that thi s young man has put into his Scout project. Is Jerry Sanon. Parks Specialist, here as well ? M s . Barrentine asked him to stand up too please. She said one of the reuons I was so impressed with thi s was that they said they had difficulty in trying to partner with the City ... with the communit y tr ying to do thi and that they we re able to approach you and you worked with him and he wu able to panncr with the C it y o f Englewood ... get all of these thing done. We always like free things too. But to do this kind of Job. to be able to wo rl wuh him . I wanted to tell you how proud I am of ow Pub and Recreation Dcpanrncnt She 1d Jell). I under tand that you have been around Englewood 20 or so years . He picked I good ' .. .. • • Englewood City Council March 21, 2005 Page6 0 D person to partner with . I am very proud that you took the time, the extra work and the energy that it took to help mentor this young man to help do this project. And, I want to say thank you to you too. 'There was applause. Mayor Garren read the proclamation in full . There was applause. Mayor Garreu presented the proclamation to Alan Carrick . Mayor Garrett said at the conclusion of tonight's activities in here, I will ask you to attend a brief reception next door where we have some refreshments to celebrate this proclamation . Thank you. 9 . Consent Aseada COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDm, TO APPROVE CONSENT AGENDA ITEMS 9 (a) (I), 9 (b) (I) and (U) AND 9 (c) (I) ud (U). (a) Approval of Ordinances on First Reading (i) COUNCil.. BILL NO. 7, INTRODUCED BY COUNCil.. MEMBER BRADSHAW A BILL FOR AN ORDINANCE APPROVING SUPPLEMENT NO. 160 TO THE SOUTIIGATE SANITATION DISTRICT CONNECTOR'S AGREEMENT FOR THE INCLUSION OF LAND WITHIN THE DISTRICT BOUNDARIES. (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO. 9, SERIES OF 2005 (COUNCil.. BILL NO. 4, INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED: "MEMORANDUM OF UNDERSTANDING" RELATING TO THE DENVER METRO AUTO THEFT TEAM BETWEEN THE PARTICIPATING LAW ENFORCEMENT AGENCIES AND THE CITY OF ENGLEWOOD, COLORADO TO COMBAT AUTO THEFTS AND VEHICLE INSURANCE FRAUD IN THE DENVER METRO AREA. (ii) ORDINANCE NO. 10, SERIES OF 2005 (COUNCiI.. BILL NO. 5, INTRODUCED BY COUNCIL MEMBER WOLOSYN) AN ORDINANCE APPROVING AUTHORIZING THE DELEGATION TO THE CITY AND COUNTY OF DENVER, COLORADO THE AUTHORITY OF THE CITY OF ENGLEWOOD, COLORADO WITH RESPECT TO THE ISSUANCE OF SINGLE FAMILY HOME MORTGAGE REVENUE BONDS (THE "BONDS") TO FINANCE RESIDENTIAL HOUSING FACil..ITIES FOR LOW AND MIDDLE INCOME PERSONS AND FAMil..lES WITHIN THE CITY OF ENGLEWOOD, COLORADO AND CERT A1N OTHER CITIES AND COUNTIES IN THE ST ATE OF COLORADO; APPROVING SUCH BONDS AND A SINGLE FAMILY MORTGAGE LOAN PROGRAM; AND AUTHORIZING THE EXECUTION AND DELIVERY OF A DELEGATION AGREEMENT AND OTHER DOCUMENTS IN CONNECTION THEREWITH. (c) Resolutions and Motions (i) The purchase of water meters and related cquiprnbnt from National Meter & Automation. Inc .. in the amount of $76,785.10. (1i ) A joint construc:tion contract fOf" Concrete Utility 2005. Concrete Prosram 2005, and Sidewalk Mi ss ing Links 2005; extending the current con1rac1 with Thoutt Brodlers COIICffle Conlnctors. Inc., in the amount of $514,241.00. Vote results: ' • • • Enpwood City Council March 21, 2005 Pqe7 Motion carried. Ayes : Council Members Bam:ntine, Moore, Bradshaw, Garrett, Wolosyn, Woodward, Tol!IISIO Nays: None No public hearing was scheduled before Council . 11 . Ordbwices, Rellllludoa ud Motions (a) Approval of Ordinances on First Reading There were no additional iicms submitted for approval on first reading . (See Agenda Item 9 -Consent Agenda.) (b) Approval of Ordinances on Second Reading (i) Council Bill No. 6 , an Emergency Ordinance approving a MIS1er Lease Agreement between the City of Englewood and the Englewood Environmental Foundation. Inc., which replaces an existing lease for the purchase of the Englewood Civic Cenicr and reduces the aggreplC payments made by the City was considered. Mayor Garrett said as discussed in our Study Session. if we pus this Ordinance it will be held until the Finance Director and the City Manager determine that it is in the best interest of the City IO do thia financin1. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) 0) • ORDINANCE NO. 11, SERm OF 2085. ORDINANCE NO . 11. SERIES OF 200S (COUNCil. Bll.L NO. 6, INTRODUCED BY COUNCIL MEMBER WOWSYN) AN ORDINANCE OF THE CITY OF ENGLEWOOD COWRADO AtITHORmNG AND APPROVING A MASTER LEASE PURCHASE AGREEMENT BETWEEN THE CITY AND THE ENOLEWOOD ENVIRONMENT AL FOUNDATION, INC .• WIDCH REPLACES AN EXISTINO LEASE FOR THE PURCHASE OF THE ENGLEWOOD CMC CENTER SITE AND REDUCES THE AGGREGATE RENT AL PAYMENTS MADE BY THE CITY FOR SUCH PURPOSE ; ACKNOWLEDGING DOCUMENTS EFFECTING THE REFUNDING OF CERTIFICATES OF PARTICIPATION SERIES 1998. AND ISSUANCE OF CERTIFICATES OF PARTICIPATION , SERIES 2005, WIDCH EVIDENCE INTERESTS IN THE RIGHI' TO RECEIVE CERTAIN REVENUES PAY ABLE BY THE CITY UNDER THE MASTER LEASE PURCHASE AGREEMENT ; PROVIDING DET AD..S AND AUTHORIZING AND APPROVING RELATED DOCUMENTATION IN CONNECflON WITH SUCH LEASE-PURCHASE REFUNDING; AND DECLARING AN EMERGENCY . ' Mayor Garrett asked if there was any discussion . There was none. Vote results: Motion carried . (c) Ayes : Nays : Council Membcn Barrentine, Moore. Bndlhaw, Garrett. Wololyn. Woodward , Tomasso None Resolution and Mocions (i) Dtrcctor Kahm presented a m:ommendation from the Depatmeal of Public Worts ID adopt a resolution authocizing a nel(lliaaed rontrKt with Bituminous Alphah Salma Specialilll. Inc . clba BASS. Inc .. in an amoun1 noc 10 ex eed $460,000.00 for the Ci1y ' 2005 MICl'O-surfacins Propam . He sud. u you will t • • - 0 - Englewood City Council March 21, 200S Pages ·• • • c---. i.~. recall , we began working with Bass in micro-surfacing in 1991 . We went nationally to develop a system that mixed aggregate asphalt and an application to assure us a quality product. As compared to standard slurry programs, on a national basis, slurry products are intended to last approximately seven years ... a seven year rotation. This micro- surfacing that we have done all these years has given us almost two and one-halftimes that performance. So, we have been getting really good quality for our dollars. Bass has actually worked with us for the last 14 years on micro-surfacing and 3 years prior to that on slurry . During that time, they have placed 152 miles of that product. Micro-surfacing is specialized in that it is a product that deals with chemistry. All these years we have used a gray granite product for our aggregate that comes from asphalt paving up in Golden. It is an extremely hard aggregate with the hardness of about 16 so that would mean the only aggregate in the State that would be harder than that is probably a diamond if you could find one in Colorado. It is a very hard aggregate. Over the years, we used emulsion that was actually custom produced for us, initially in Vicksbcrg, Mississippi and later Waco, Texas. And , it was very special to us because the mixture of that aggregate and that emulsion gave us what was considered by the International Slurry Servicing Association, as the second best micro-surfacing product in the world. The key to this was that the asphalt, the crude stock was coming out of Venezuela and we had very good luck all these years and we were very happy. About three years ago there was an oil strike in V~nezucla and ERGON, for an extended period of time, wasn 't able to get that product. We don't sec much ofERGON in this part of the country, but they are very big in the south and southeast. They were having problems with base crude so they went out and bought a company called Lyon Oil and so now they own their own oil company. So starting two years ago, they began blending the Venezuelan crude that they could get with their own product. We noticed the difference on our streets and that the product wasn't as black and wc were a little bit concerned, but long term their products seemed to be okay ... by Fall it looked as good as any other product that we had ever put down. As we went into this last year, noticeably, we had situations like on Logan where vehicles, as they stopped at the intersection at Hampden, picked up a little bit of product. That is the first time we had ever seen that happen in our history ... going back to 1987 . So, we became concerned and then realized that ERGON was using more and more of their Lyon Oil and less and less of the Venezuelan crude. This last year we went back to the drawing board. We were really proud of the product that we had developed over the years and we went back to the drawing board and worked with Bass. They found us a plant in Pon Allen, Louis iana ... right across the river from Baton Rouge. It is a small family owned operation that has been in business for about 20 years and they do produce about 3 million gallons of emulsion a year and they could get us a base stock from Saudi. .. a mid-cast product. It is a blend of Arab heavy, Arab medium and Maya crude ... it is 85 per cent of that product. The other 15 per cent. .. these are proprietary products where .. .it is like Coke, they won't tell you what the actual composition is, but they manufactured some asphalt for us. We have sent 40 tons of rock to Arkansas. The Street Superintendent, Del Montgomery, went to Arkansas and we laid that product next to the product that ERGON has been supplying us these last two years and this new product was far superior. So, I did want to tell you that we are changing the chemistry, because we are going with a different emulsion ... wc are going to a better emulsion again. I also wanted to talk to you briefly, because I was hoping to come to a Study Session, but there wasn 't time. But not too many weeks ago, we met with Congresswoman Diana DeGctte and talked about transponation and I specified at that point that I was concerned, because we have three miles of South Broadway that is now our maintenance responsibility. And, I was concerned that I don't think the Federal pool of grant money is going to be as available as it has been in the past. After that, I was talking with Del Montgo~. Street Superintendent, and he became really concerned about the quality of our roadway on Broadway right now. The nonh section. which runs from Yale down to Hampden, was only buift in the year 2000. It was a State project with Federal panic1pation. But, we are seeing quite a bit of rutting staning to develop on that and the aggregate is staning 10 polish, whi c h means we arc staning to lose surface aggregates. We believe that to protect the City, because roto-milhng and overlaying South Broadway for three miles could cost us 3 million dollars. And with the s uccess that we ha ve had wuh micro-surfacing. what we are proposing to do this year is to go out on Broadway and put a macro-urfacc o n 11 from Yale all the way to Hampden full width . The beauty of micro-surfacing is .. .I gave you some drawing an yo ur packets, but ... what II allows us to do is that it allows us to go in and in the travel lanes. "e can pull a ten foot path an each travel lane. which will fill the minor rutting and we will put down about 16 pound of material per square yard . Typically. we put down about 20 pounds per square yard on residential trccts . so "c "'II put 16 do"·n. Then we will tum around and come back in a later pass and we will go all the way a ros, the trect . so "" "111 do the parl1Dg lanes as well as the left turn lane, with about another 18 pounds. What that allo" us 10 d o I put a "'car1Dg course and I seal ID the left turn lane and in the parkin& lanes but they are hghtcr. the arc onl) I pound . because we don't need that much matcnal and II allows us to put over 30 pounds ID the tr.I\ cl lane "'here we need the ex tr.a material . So \OC are proposing to do that . The other thin& that we are pn>pOSmg to do I then o from Hampden on down to Tufts. Because of budaet conwa1nts, what we would do there ""e "''uld t.1 c .a rut bm .lnd IOC 10 ould fill the rut • because the rurun& is much more severe ,n that area. We ' .. • • - • E nglewood City Council March 21, 2005 Page9 ·• • • CJ ______ ,. ___ _ would fill th e ruts and then we would come back and we would pull about 16 pounds per square yard in a IO foot path, again in the travel lanes. We would leave it that way this year and that would take up a big piece of our budget. Then next year I would come back and would propose that we would go guner to gutter on that section of the street and we would extend on from TuflS down lo the City limit line on the south end . I have talked to Linlcton about our South Broadway Plan and when we get to the south end and Charlie Boston said Littleton will panicipate, and I think they will take Broadway on down to Littleton Boulevard and do the same thing. They will work with us next year. Mayor Garrett asked if there were any ques tions for Mr. Kahm. There were none. COUNCIL MEMBER WOWSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (I)· RESOLUTION NO. 43, SERIES OF 2005. RESOLUTION NO. 43 , SERIES OF 2005 A RESOLUTION AUTHORIZING THE NEGOTIATION AND AW ARD OF A CONTRACT FOR ENGLEWOOD'S 2005 MICRO-SURF ACING PROGRAM INSTEAD OF THE COMPETITIVE BID PROCESS UNDER SECTION 116 (b) -OF THE HOME RULE CHARTER AND SECTION 4-1-3-1 OF THE ENGLEWOOD MUNICIPAL CODE 2000. Mayor Garrett asked if tj,ere was any discussion. Council Member Wolosyn said I would jus t like to thank Rick for always going into detail and paying attention to detail and also trying to insure quality and that we get the maximum for our funds. I like the detailed explanation of how you get there. Vote results: Motion carried. Ayes : Nays: Council Members Barrentine, Moore, Bradshaw, Garrett. Wolosyn, Woodward, Tomasso None (ii) Assistant City M anager Flaherty presented a recommendation from the City Manager's Office to approve. by motion, an agreement with the Museum of Outdoor Arts authorizing the placement of anwork for MOA 's 2005 Design and Build program. He said I am requesting approval of an agreement with the Museum of Outdoor Arts for the fifth year of the Design and Build exhibit. As you know, we have an agreement with MOA that covers their art exhibits in this building and on CilyCemer ... that goes back to the 1999 original agreement. Each year for the Design and Build, they extend their exhibilS beyond the CityCcnter area into other City owned properties in the general area of the downtown and this year is no exception to that. There are four sites ou!Side of the CityCenter area where MOA plans to place exhibilS that are constructed by high schools that have Design and ·Bui ld competition. This basically addresses issues such as installation. maintenance and insurance liability issues for this particular exhibit. The exhibit will be installed beginning April 6*' and the exhibit will run through May 18 .. and all exhibits will be removed by May 25•_ There is an openin g rece ption on April 21 11 that Council will receive invitations to. The packet that MOA included in yo ur packet includes all of the locations, the schools involved and other information including some diagrams and sketches of the art work . They have actual models of each of these. as well as those pieces that will be pl aced in other locations ou!Side of Englewood . So if you arc interested. you go into the back area of the Museum of Outdoor Arts, you can see those models. He asked if there were any questions . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (ii). AN AGREEMENT WITH THE MUSEUM OF OUTDOOR ARTS AUTHORIZING THE PLACEMENT OF ARTWORK FOR MOA 'S 2005 DESIGN AND BUILD PROGRAM . Mayo r Garrett asked if there was any discussion. ' .· .. • • - Englewood City Council March 21 , 2005 Page IO ·• • • • r, LJ ( ·---,.._. (. ) cS-~ Council Member Wolosyn said I would just like to say that like Eagle Scouts, this is one of those programs that I think gives young people something very constructive and very self motivating and I think it is great that they get to work like adults wi th our staff. I want to thank our staff for doing that every year. Mayor Garrett asked if there were any other comments . There were none . Vote results: Ayes : Nays : Motion carried . Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Woodward, Tomasso None 12 . General Discussion (a) Mayor's Choice Mayor Garrett did not have any matters to bring before Council . (b) Council Members' Choice (i) Council Member Tomasso said, having received some of the phone calls this evening about the double hung windows in Arapahoe Acres , I would like to add my support to my weekend neighbors about upholding the sta ndard s of the Historic District and maintaining the building. I feel it is a continuation ... with absentee landlords and their insensitivity to the neighborhoods in which they have properties and that it is an area that needs to be addressed . I highly recommend that the City stop any progress on the construction on this house and adhere to all standards that the neighborhood believes should be held to. (ii) Council Member Wolosyn said it sounds like Jerrell did really jump on that and I thank you Jerrell for being so responsive to the Arapahoe Acres issue . (iii) Council Member Bradshaw said I noticed that we got thi s Positively Englewood Golf Tournament information and I love the name . Laurett, I just had a couple of questions . The inception of this just came out of ... is it an off-shoot of KEB? I was just confused about that. Ms . Barrentine said no. Ms . Bradshaw said is it independent then of KEB? Ms. Barrentine said the reason that kind of got tied together was because the idea of it was ... and as the minutes reflect. .. that I said that we wouldn't be interfering because they were involved in ..... Ms. Bradshaw said because you were thinking of doing one anyway . Ms . Barrentine said, actually, I got~ idea when they said the y would prefer not to do it. .. not focus on this issue . And then I thought , well hey, if! could put together a group that would be interested in that. .. then would that be okay with you guys? And that is when I originally started that idea . Two weeks later I had 15 people and presented that and that is where we have gotten with that. One of th e things that wa s available that had already been started ... they gave me that idea also ... was that the Golf Tournament was so mething that they speci fically came to Council and said they were not going to do . Ms . Bradshaw said I mi ssed that meeting . Ms. Barrentine sai d I'm sorry and well we already kind of had a fund raiser and I got people together . Ms. Bradshaw sai d so just put them together . So this isn't in anyway a political action co mmiuee? Ms. Barrentine said no, not unle ss raising money for scholarship programs for disadvantaged Englewood you th is anyway political.. .okay it co uld be I guess . Ms . Bradshaw said no, I didn't know. Someone called and said . do you know that is a political action committee and I just wanted to ask you . Ms . Barrentine said wow , then we would have a lot more money . Ms . Bradshaw said don't you have a lot more money? Ms . Barrentine said well we 've already got $1,000.00 committed and we've got 15 people . And, since you brought it up , I will /,e t yo u kn ow what we kind of wrote up here to answer your que stio n. She said "It is our intent to be a uniquely enhancing spint. raising funds for Englewood comm unit y projects . Some of the ideas that have been raised by people who have co me to join thi s for future consideration arc Parks and Recreation programs , adopt a garden. the annual parade , remstaung the Library ' Bookmobile. planting the Broadway median. tent talks. neighborhood auo nal Night Out. Inter-Fa ith Task Force Programs and House of Hope ." And , obviously there is a great need for an orgamza uon hke thi s when people are wanting to partner with the co mmunity and panner with the City to bring m so me of lhc.c fund s and so me of thi s excnerncnt and energy 10 have some of these things happen . Ms. Bradshaw ,a,d I JUSt wanted thal cleared up . thanks. Ms. Barrentine said thi s is a fr.nd raising event by !he members of I ' .. . • ,. . • • - • ( Englewood City Council March 21, 2005 Page 11 ·• • • 0 Positively Englewood in partnership with the City, for the purpose of establishing a scholarship program allowing disadvantaged Englewood Youth (18 and younger) to participate in the Englewood Parks and Recreation Department programs, events and activities who would be unable to for financial or other mitigating factors as determined by Jerrell Black, Director of Englewood Parks and Recreation Department. (iv) Council Member Moore said I would like to echo the comments and would like to make sure that we are being a homeowner that is respectful of the neighborhood where we arc in, so I would like to find out what happens. It sounds like Jerrell is already jumping on the Arapahoe Acres issue, but I would like to hear back. And again I support that we need 10 be making sure that we are very conscious of the neighborhood where we are property owners. (v) Council Member Barrentine: 1. She said I was asked to bring this forward . I asked Dan Brotzman, our City Attorney, for guidance. This has never been done before. A request was made that if this group is going to ask to use the logo and working with the Parks and Recreation Department, that we write up a statement as to what we were raising the funds for, where that money would be going and who has control of that and I have fulfilled that. And I wanted to get a vote on that. ! was asked to bring it to you and I did. Mayor Garrett said you would be willing to do an accounting, after the fact, so that we would know how much money actually was raised for the program? Ms. Barrentine said Jerrell arc you willing to do that? Mr. Black said absolutely, it is public information. Mayor Garrett said you will be collecting the money . Council Member Barrentine said no, we won't be handling the money. That was specifically a requirement that the group wanted, was that no one person, individual, handle that, that the City was able to maintain control of that. Also, to have an accounting of anything that is spent on the City side, so that those funds would come out of there as well ... you know with an accounting and meeting with the group. so that we weren't putting funds into his coffC!'5, but using so much of his stuff that it didn't make any money ... so yes, I'm okay with that. · Council Member Wolosyn said so is staff going to be son of administrating this event then? Will staff be the administrator of this event? M,s. Barrentine said no, we have a Chair for the Golf Tournament already and no, we are working in partnership with them to do the event, just like they would do with any other group . Ms. Wolosyn said I just wanted to clarify that. Ms. Barrentine said Ann Nabholz already had started it under KEB, so I used the s ame structure. There are several other directors that had worked on it, several other Chairs that arc coming in as well to Co -Chair this . Their names were given on the list last time. Council Member Woodward sa id o ne last question . The Golf Tournament will be held at the Englewood Golf Course? M s. Barre ntine said yes. Mr. Woodward &aid oka y . M s. Barrentine said and we have a tentative date of a Mo nday in June . S he said a nd I'm sorry, I had it writte n do wn , but not o n this stuff that I have here . We have a tent ative d ate, but I do n 't have it with me right no w. Ms. Wo losy n said I ass ume yo u will have the same structure as KEB did. They will be c harged also, right, just as KEB wa s? Ms . Barre ntine said ye s. Mr. Bl ack said fro m the a udience that it was Monday, June 131h . Ms. Barrentine sa id we have a good partnership with a good group of people. Some of the business owners, people like Jon Cook ha ve bro ught millio ns of dollars of investment into thi s community. Paula Sparacino, we 've got Jim Hi gday ... a former Coun c il me mber, as we ll as Ann Nabholz . We've got 15 people committed to thi s in a very short pe riod of time and I a m very e xc ited about some of the projects we can hopefully take on in the future if this is s uccessful. Council M e mber Barre nt ine said I didn't ask fo r thi s, so I am kind of ccnfused . I'm just askin g for the opportunity to do the fund ra iser. work wi th the Parks and Recreation Department and usc the City logo. Ms. Wolosyn said I act ua ll y think what yo u are as king for is 10 usc the Ci ty logo. Yo u can have as many fund rai sers as yo u want ... yo u don 't need our permission for a fund raiser. ' . .. .. • • Englewood City Council March 21, 2005 Page 12 COUNCIL MEMBER BARRENTINE MOVED, AND IT WAS SECONDFJ>, TO APPROVE THE USE OF THE CITY LOGO BY "POSITIVELY ENGLEWOOD." Mayor Garrett asked if there was any discussion . There was none . Vote results: Ayes: Nays : Motion carried . Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Woodward, Tomasso None 2. She said wc had a Code Enforcement meeting last Wednesday and I wanted to let you know that they unanimously recommended putting a moratorium on the second piece of the inoperable vehicle ordinance, with the recreational vehicles and trailers. They have some concern about separating those two out with the number of complaints that are coming forward with different property setups and bow wc are going to enforce this. So I wanted to let you know that, that will be coming. 13 . City Manacer's Report City Manager Sears did not have any matters to bring before Council. 14. City AUormy's Report (a) City Attorney Brotzman said the Council did continue the Executive Session, regarding only litigation, to after the reception tonight. 15 . Ad.Joum-t ' PUBLIC COMMENT ROSTER AGENDA ITEM 7 UNSCHEDULED PUBLIC COMMENT DATE: April 4, 2005 PLEASE LIMIT YOUR PRESENTATION TO FIVE MINUTES PLEASE PRINT NAME ADDRESS TOPIC t • • Tricia Langon From : Maria Fraietta [mariafraietta@hotmail .com) Sent: Tuesday, March 22, 2005 6 :20 PM To: Tricia Langon Subject: RE : Delivery Status Notification (Failure) Tricia: rm sorry, but I won't be at the meeting tonight. Unfortunately, the life of a real estate agent/teacher is not working well with every other Tuesday-I have a bit of a client emergency . I realize your committee values attendance, and I value honoring a committment, however, I should step down from this position. as I think I may be more of a detriment than an asset to P & Z at this point. I apologize for the late notice, and I hope that there is another applicant who can perhaps take my place . will return the materials you gave me, and thanks for having me as a member-I'm sorry I can't fulfill my obligation . Sincerely, Maria Fraietta 8a t • • •• • 0 PROCLAMATION WHEREAS, in 1872 J . Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS, Arbor Day is now observed throughout the United States and the world; and WHEREAS , trees can reduce the erosion of our precious topsoil by wind and water, cut beating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife; and WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and countless other wood products; and WHEREAS, trees in the City of Englewood increase property values, enhance the economic vitality of business areas, and beautify our community; and WHEREAS, trees are a source of joy and spiritual renewal ; and WHEREAS, the City of Englewood, Colorado has been recognized for 20 consecutive years as a Tree City USA by The National Arbor Day Foundation and desires to continue its tree-planting ways; and WHEREAS, the State of Colorado celebrates Arbor Day on the April 15'h, 2005: NOW THEREFORE. I, Douglas Garrett, Mayor of the , City of Englewood, Colorado, hereby recognize ARBOR DAY in the City of Englewood, Colorado, and I urge all Englewood citizens to support efforts to care for our trees and woodlands and to suppon our City 's community forestry program. Funher. I urge all Englewood citizens to plant trees to gladden the hearts and promote the well-being of present and future generations. GIVEN under my hand and seal this 4th day of April, 2005 . Douglas Garrett. Mayor 8b t ... .. • • • ( (J, COUNCIL COMMUNICATION Date: Subject: _April 4, 2005 Agenda Item: 9 a i Intergovernmental Agreements between the City and Arapahoe County Initiated By: Staff Source: Community Development Department Janet Grimmett, Housing Finance Specialist COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council passed Ordinance No. 39, Series of 1994, that was extended by Amendment No. 3 dated June 26, 2003 relating to participation in the Urban County Entitlement Program for Community Development Block Grant (CDBG) and HOME funds for 2004 through 2006; and, passage of Resolution No. 91, Series of 2004 supporting Housing and Community Development that authorized submitting applications for 2005 CDBG funding. RECOMMENDED ACTION Approve a Bill for an Ordinance authorizing the execution of three Intergovernmental Subgrantee Agreements for the 2005 Arapahoe County Community Development Block Grant Program (CDBG) between the City of Englewood and the Arapahoe Board of County Commissioners. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Federal Community Development Block Grant (CDBG) Program provides grants to units of local government and urban counties to meet housing and community development needs . The objective of the Program is achieved through projects developed by the local government that are designed to give priority to those activities that benefit low-and moderate-income families . Funds are allocated by statutory formula to each entitlement area . Arapahoe County is an approved · entitlement area. TI1e grant iunds are distributed by Arapahoe County to each participating city within the county. For FY2005, funds are approved to support the following projects: 1. $132,500 for the Housing Rehabilitation Project (including the Handyman Project) to administer, monitor, rehabilitate and/or repair ten low-income owner-occupied homes scattered throughout the City; 2. $35 ,000 3. $33 ,250 for the House of Hope Project to provide staffing for two employees; and for the Homeowner Fix-Up Project to administer, monitor and provide grants to improve the visual appearance of seven low-income, owner-occupied homes within designated neighborhoods in the City. I · ' .. .. • • FINANCIAL IMPACT The existing employees in Community Development are available to administer the projects and their salaries and benefits are part of the City's contribution. The City will utilize a portion of the CDBG funding from the Housing Rehabilitation and the Fix-Up Project (est $8,500) to partially offset the costs of those salaries and benefits. Additional CDBG funding of $4,250 has been approved to hire a contractual program administrator to manage the day-to-day activities of the Homeowner Fix-Up project LIST OF ATIACHMENTS Bill for an Ordinance. t • • • ( ORDINANCE NO . SERIES OF 2005 BY AUTHORITY A BILL FOR COUNCIL BILL NO. 8 INTRODUCED BY COUNCIL MEMBER~~~~~- AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF THREE INTERGOVERNMENTAL SUBGRANTEE AGREEMENTS (CDBG) FOR THE YEAR 2005 BETWEEN THE ARAPAHOE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, the City Council of the City of Englewood approved the execution of an Intergovernmental Agreement between the City of Englewood and Arapahoe County by passage of Ordinance No . 39, Series of 1994, covering the City's participation in the Arapahoe County CDBG Entitlement Program as extended by Amendment Ih 3, for funding years 2004 through 2006; and WHEREAS, the Englewood City Council passed Resolution 91, Series of 2004, supporting Housing and Community Development that authorized submitting an application for 2005 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, lhe project by the City of Englewood known as the "House of Hope Staffing" has been categorized as a public service 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; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section J • The Subgrantee Agreement for the 2005 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 2005 Arapahoe County Community De ve lopment Block Grant -House of Hope Project, attached hereto as Ex hibit B, is hereby accepted and approved by the Englewood City Council. Section 3. The Subgrantee Agreement for the 2005 Arapahoe County Community Development Block Grant -Homeowner Fix-Up Project, attached hereby as Exhibit C, is hereby accepted and approved by the Englewood City Council. Section 4. The Mayor and City Clerk are hereby authorized to sign and attest said Agreements for and on behalf of the City of Englewood, Colorado. -1- . ~4) ' . ... .. • • Section 5. The City Manager shall be authorized to further extend and/or amend the subgrantee agreements for the 2005 Arapahoe County Community Development Block drant Program as needed. Introduced, read in full, and passed on first reading on the 4th day of April, 2005 . Published as a Bill for an Ordinance on the 8th day of April, 2005. ATTEST: Douglas Garrett, 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 cogy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 4 day of April, 2005. Loucrishia A. Ellis -2- t • • • ( ·• • • SUBGRANTEEAGREEMENTFOR ARAPAHOE COUNTY 0 0 . COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS SUBGRANTEE: CITY OF ENGLEWOOD PROJECT NAME: HOUSING REHABILITATION PROJECT NUMBER: ENHS 519 This Agreement is made by and between the Board of County Commissioners of the County of Arapahoe, State of Colorado, for the Community Development Block Grant Program in the Community Services Department (hereinafter referred to as the County) and the City of Englewood (hereinafter referred to as the SubGrantee) for the conduct of a Community Development Block Grant (CDBG) Project. I. PURPOSE The primary objective of Title I of the Housing and Community Development Act of 1974, as amended, and of the Community Development Block Grant (CDBG) Program under this Tide is the development of viable urban communities, by providing decent housing, a suitable living environment and expanclina economic opportunities, principally for low and moderate income persons . The project by the SubGrantee known as the Housing Rehabilitation Project (Project) has been catqoriad as a Single Family Housing Rehabilitation project and the SubGrantee will maintain doc:umemmon with the 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. Il. WORK TO BE COMPLETED BY THE SUBGRANTEE The following provisions outline the scope of the work to be completed: The SubGrantee will utilize CDBG fi.mding to provide low interest loans and/or grants to income eligible homeowners for health and safety related home improvements. Typical improvements may include (but are not necessarily limited to) plumbing, electrical systems, roofs, and HV AC work. A. Payment It is expressly agreed and Wlderstood that the total amount to be paid by the Comty under this contract shall not exceed $132,500.00. Drawdowns for the payment of elipbAe cxpemes shall be made against the line item budgets specified in the Project Budact md in IICCCltdance widl performance criteria established in Section 0-C . The panies expressly NCOpize dlll1 IM SubGrantee is to be paid with CDBG funds received &om the ledenl ll)VCIIDIIII. IDd .... oblig.ition of the County to make payment to SubGl'IDICe is ooari..,... upoe NCeipl ol suda ftada. l • X .. I • { .. .. ' • • • In the event thal said funds. or any part thereof, are, or become, unavailable, then the County may immcdialely tcnninale or amend this agreement. To the extent C.R.S. § 29-1-110 is applicable, any financial obliption 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 n. C. 3. below shall revert to the County and be utiliz.ed for other pmposes. 8. Timelille All Project activities will be completed by May 31, 2006 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 D . I. Quantifiable Goals: The SubGrantee will provide ten home improvement loans or grants to income eligible Englewood homeowners. All improvements funded under this grant are to be perfonned in compliance with applicable local or industry codes and standards. 2. Community Impact: Affordable housing -stability and housing quality 3. Quarterly Performance Standards: June 30, 2005: September 30, 2005 : December 31 , 2005 : March 31 , 2006 : May 31 , 2006 : Reporting Requirements No requirements established Market program Market program. interview potential clients Provide five rehabilitation loans/grants Provide five rehabilitation loans/grants Complete all renovations funded by project Submit final drawdown and completion report to County 2 .. . t' • • 1. Project reports will be due within one month following the end of each calendar yeaw quarter (March 31, June 30, September 30, December 31) until the Project is completed. 2. The official annual audit and/or Financial Statements for the SubGranlee in which bocb revenues and expenditures for the COBO Projects described 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 Apcment. lbe parties hereto ll8l"eC md acknowlcdae tbal this Agreement does not constitute a commitment of funds or site approval. and that such commitment of funds or approval may occur only upon 9ltis&ctory comple1ioa of enviromncnlal review and receipt by Arapahoe County ofa rdeae offtmds from the U.S. Dep•Unenl ofHousina and Urban Development under 24 CFR Pan SB. The pa1ics funhcr apa that the provision of any funds to the project is conditioned on Arapahoe County's detenninalion to proceed with, modify, or cancel the project based on the results of a subsequent environmcntal review. G. Uniform Relocadoa Act (URA) Project activities do not require compliance with the Unifonn Relocabon Act. H. Lad Bued Paiat The maximum COBO invesanena per houN ~llld _.. dlis pn,jlct -,. DOC -=-i $24,999. lbi.l amount includes any CDBG l\andin1 1111d b projlct i,-i ~ ..,_. 1111 SubOnnlee will comply with all other County, state and federal policies, pidelina and requiremellls rei.d ID minimizing lead hazards in residential piopenies, includina 24 CFR Pan JS and Colondo Regulation Nwnber 19 . DJ. RESPONSIBILITIES OF THE SUBGRANTD: A. Fedenl Compliuce The SubGrantee shall comply with all lll'Plicable fedmia laws, repillions and requiremenu. and all provisions of the grant apecmenu received from the U.S. Oepl1lncnt of Housina and Urban Development (HUD) by the County . These include bul are m>1 limited ID ccmptiance with the provisions of the Housina and Community ~ Act of 1974 and all Nies, replations. guidelines Wld irculan promuliia&cd by the various federal depenmenu. aacncies. adminisnlions ) .1-. \ .. .. ' • • -- u 0 . and commissions relating to the CDBG Program. A listing of some of the applicable laws and regulations are as follows : l. 24 CFR Part 570; 2. 24 CFR Parts 84 and 85; 3. Title VI of the Civil Rights Act of 1964; 4. Title vm of the Civil Rights Act of 1968; 5. Sections l 04(b) and l 09 of the Housing and Community Development Act of 1974; 6. Fair housing regulations established in the Fair Housing Act, Public Law 90-284, and Executive Order ll063; 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; I 0. Equal employment opportunity and minority business enterprise regulations established in 24 CFR part 570.904; 11. Section 3 of the Housing and Urban Development Act of 1968; 12. Non-discrimination in employment, established by Executive Order 11246; 13. Lead Based paint regulations established in 24 CFR Parts 3S and 570 .608; 14. Audit requirements established in 0MB Circular A-133; and 15 . Cost principles established in 0MB Cin:ulars A-17 and A-122. Additionally, in accordance with 24 CFR Pan 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 enpae in a fedaally funded contract with any entity registered in the Lists of Parties Excluded From Fcdaal Procurement or Nonprocurement Programs . B. Non-Appropriations Cla111e 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 procect itself and the County from any liability or responsibility or any suit which mipt rault fiom the discontinuance of CDBG fimding for any reason . Because this SubGradee Apeement involves funds fiom 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 provisi ons of Section 24-91-103 .6, C.R.S . with regard to any public work projects. C. Expenditure Restricdou All CDBG funds that are approved by HUD for expenditure under the CoW1ty's grant agreement, including those that are identified for the SubGrantee's Projects and activities, shall be allocated to the specific proj ects and activi ties descnl,cd and listed in the grant agreements. The allocated funds shall be used and expended only for the projects and activities for which the funds arc identified. D. A&rttmenl Claaaps 4 ... .. • • • ( No projects or activities, nor the amount allocated therefor, may be changed without approval by the County and acceptance of the revised Final Statement and/or Consolidated Plan by HUD, if required. Changes must be requested in writing and may not begin until a modification to this Agreement is fully executed. E. Direct Project Supervision and Administration The SubGrantee shall be responsible for the direct supervision and administration of its respective projects or activities. This task shall be accomplished through the use of the SubGrantee's staff, agency and employees. The SubGrantee shall be responsible for any injury to persons or damage to property resulting from the negligent acts or errors and omissions of its staff, agents and employees. Because the SubGrantee is responsible for the direct supervision and administration of its projects or activities, the County shall not be liable or responsible for cost ovemms by the SubGrantee on any projects or activities. The County shall have no duty or obligation to provide any additional funding to the SubGrantee if its projects or activities cannot be completed with the funds allocated by the County to the SubGrantee. Any cost overruns shall be the sole responsibility of the SubGrantee . · 1. The SubGrantee agrees that all funds allocated to it for approved projects or activities shall be used solely for the purposes approved by the County. Said funds shall not be used for any non-approved purposes. 2. The SubGrantee agrees that the funds allocated for any approved projects or activities shall be sufficient to complete said projects or activities without any additional CDBG funding. F. Indemnity To the extent allowed by law, the SubGrantee shall indemnify and hold hannless the Collllty and its elected and appointed officials, officers, employees and agents from and against any and all losses, damages, liabilities, claims, suits, actions or costs, including attorneys fees, made, asserted or incurred as a result of any damage or alleged damage to person or property occasioned by the acts or omissions of SubGrantee, its officers, employees, agents, contractors or subcontractors, arising out of or in any way connected with the Project or the performance of this contract G. Bonding and Insurance If the 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 5 t . .. • • 2. 0 b. Products/Completed Operations c. Broad Form Contractual Liability d. Independent Contractors e. Broad Form Property Damage f. Employees as Additional Insured g. Personal Injury h. Arapahoe County and the SubGrantee as Additional Named Insured i. Waiver of Subrogation Comprehensive Automobile Liability: In the amount of not less than $1,000,000 combined single limit for bodily injury and property damage. Coverage to include: a. Arapahoe County and the SubGrantee as additional Named Insured b. Waiver of Subrogation 3. Employers Liability and Workers Compensation: The Contractor shall secure and maintain employer's liability and Worker's Compensation Insurance that will protect it against any and all claims resulting from injuries to and death of workers engaged in work under any contract funded pursuant to this agreement Coverage to include Waiver of Subrogation. 4. All referenced insurance policies and/or certificates of insurance shall be subject to the following stipulations: a. Underwriters shall have no rights of recovery subrogation against Arapahoe County or the SubGrantee; it being the intent of the parties that the insurance policies so effected shall protect the parties and be primary coverage for any and all losses covered by the described insurance . b. The clause entitled "Other Insurance Provisions" contained in any policy including Arapahoe County as an additional named insured shall not apply to Arapahoe County or the SubGrantee. c. The insurance companies issuing the policy or policies shall have no recourse against Arapahoe County or the SubGrantee for payment of any premiums due or for any assessments under any form of any policy. d. Any and all deductibles contained in any insurance policy shall be assumed by and at the sole risk of the Contractor. 5. . Certificate of Insurance : The Contractor shall not commence work under any contract funded pursuant to this Agreement until he has submitted to the SubGrantee, received approval thereof, certificates of insurance showing that he has complied with the foregoing insurance requirements. The SubGrantee shall also submit a copy of the Contractor's certificates of insurance to the County. 6. Notwithstanding the provisions contained in this paragraph (H) set forth hereinabove, the County reserves the right to modify or waive said provisions for projects or activities for which these provisions would prove prohibitive. The 6 ,. ' .... . ,, • • • ( SubGrantee understands , however, that the decision to waive or modify those provisions is fully within the disc ~..:tion 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: l. 2. 3. A bid guarantee from each bidder equivalent to 5% of the bid price; A performance bond on the part of the contractor for I 00"/o of the contract price; and A payment bond on the part of the contractor for 100"/o of the contract price. H. Records The SubGrantec shall maintain a complete set of books and records documenting its use of CDBG funds and its supervision and administration of the Project Records arc to include documentation verifying Project eligibility and national objective compliance, as well as financial and other administrative aspects involved in performing the Project The SubGrantec shall provide full access to these books and records to the County, the Secretary of HUD or his dcsignce, the Office of lnspcctor Gcncral, and the General Accounting Office so that compliance with Federal laws and regulations may be confinned. The SubGrantec further agrees to provide to the County upon request, a copy of any audit reports penaining to the SubGrantec's financial operations during the term of this Agreement. All records pertaining to the Project are •o be maintained for a minimum of five years following close-out of the Project. I. Reporting The SubGrantee shall file all reports and other information necessary to comply with applicable Federal laws and regulations as required by the County and HUD. This shall include providing to the County the information necessary to complete annual Performance Reports in a timely fashion. J. Timeliness The SubGrantec shall comply with the quarterly performance standards established in Section II-C of this Agreement. The SubGrantec understands that failure to comply with the established standards may lead to a cancellation of the Project and a loss of all unexpended fimds. K. ReimburKment for Expemes The SubGrantee agrees that before the County can distribute any CDBG funds to it, the SubGrantee must submit to the County's Housing and Community Development Services Division documentation in the form required by that Division which properly and fully identifies the amount which the SubGrantee is requesting at that time. The County shall have ten (10) working days to review the request . Upon approval of the request, the County will distribute the requested funds to the SubGrantee as soon as possible . L. Progr:am Income 7 ' .. • • ·• • • All program income directly deriv.ed from the Arapahoe County Community Development Block Grant Program received by the SubGrantee will be retained by the SubGrantee and will be dispersed for its approved CDBG Project activities before additional CDBG funds are requested from the County. Following completion of the SubGrantee's Arapahoe County CDBG Projects, all program income directly generated from the use ofCDBG funds will be remitted to the County. M. Real Property Real property acquired in whole or in part with CDBG funds shall be utilized in accordance with the scope and goals identified in Sections I and II of this Agreement Should the property in question be sold or othetwise disposed of, or the approved property usage discontinued. the SubGrantee shall adhere to the requirements of24 CFR Parts 84 or 85 (as applicable) regarding the use and disposition of real property. N. State and County Law Compliance All responsibilities of the SubGrantee enumerated herein shall be subject to applicable State statutes and County ordinances, resolutions, rules, and regulations. 0. Subcontracts If subcontracts are used on the Project, the SubGrantee agrees that the provisions of this Agreement shall apply to any subcontract. P. Suspension or Termination This Agreement may be suspended or terminated by the County if the SubGrantee matcrially fails to comply with any term of this Agreement. This Agreement may also be tenninated for convenience by mutual agreement of the County and the SubGrantee. Q. In the event that the Unit of General Local Government should withdraw from the County's "Urban County" designation, this Agreement shall terminate' as of the termination dale of the County's CDBG grant Agreement with HUD . R. The SubGrantee certifies that to the best of its knowledge and belief. l. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a fember of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; and, 8 ' • • 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in coMection with this Federal contract, grant. loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. S. Disallowance If it is determined by HUD or other federal agency that the expenditure, in whole or in part, for the SubGrantee's Project or activity was improper, inappropriate or ineligible for reimbursement, then the SubGrantee shall reimburse the County to the full extent of the disallowance. IV. RESPONSIBILITIES OF THE COUNTY A. Administntive Control The Parties recognize and understand that the County will be the governmental entity required to execute all grant agreements received from HUD pursuant to the County's requests for CDBG funds. Accordingly, the SubGrantee agrees that as to its projects or activities performed or conducted under any CDBG agreement, the County shall have the necessary administrative control required to meet HUD requirements. B. Performance and Compliance Monitoring The County's administrative obligations to the SubGrantee pursuant to paragraph A above shall be limited to the performance of the administrative tasks necessary to make CDBG funds available to the SubGrantee and to provide a Monitoring Specialist whose job it will be to monitor the various projects funded with CDBG monies to monitor compliance with applicable Federal laws and regulations. C. Reporting to HUD The County will be responsible for seeing that all necessary reports and information required of the County arc filed with HUD and other applicable Federal agencies in a timely fashion. V. EXTENT OF THE AGREEMENT This agreement, including any documents attached as exhibits which arc hereby incorporated herein by reference , represents the entire and integrated agreement between the County and SubGrantee and supercedes all prior negotiations, representations or agreements, either written or oral. Any amendments to this agreement must be in writing and signed by both the County and SubGrantee . If any portion of this agreement is found by a court of competent jurisdiction to be void and/or 9 ' .. .. • • - unenforceable, it is the intent of the parties that the remaining portions of this agreement shall be of full force and effect. In Witness Whereof, the Parties have caused this Agreement to be duly executed this -----day of 2005. SubGrantee: City of Englewood Signature -Douglas Garrett, ~ayor Mayor Title Board of County Commissioners Arapahoe ColDlty, Colorado Rita A. Pollock on behalf of the Board of County Commissioners Pursuant to Resolution #040483 10 ATTEST: Loucrishia A. Ellis City Clerk t • • PROJECT BUDGET t COLUMN A COLUMNS COLUMNC COLUMND ........ Acll,IIIII .......... Tllllc.ttl CNG..._. ......... c....... (l!*ifY IIJ ..... , AdwllJ Mlob ........... S,0.000 S7-'0I) S42JOD i.-,......,..... s:w.ooo Sl25,000 SI00,000 TOTAL: S27S.OOO SIJ2,SGO Sl42,SOO • • • -( SUBGRANTEEAGREEMENTFOR ARAPAHOE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS SUBGRANTEE: CITY OF ENGLEWOOD PROJECT NAME: HOUSE OF HOPE STAFFING PROJECT NUMBER: CMPS 527 This Agreement is made by and between the · Board of Cotmty Commissioners of the County of Arapahoe, State of Colorado, for the Community Development Block Grant Program in the Community Services Department (hereinafter referred to as the Cotmty) and the City of Englewood (hereinafter referred to as the SubGrantee) for the conduct of a Community Development Block Grant (CDBG) Project. I. PURPOSE The primary objective of Title I of the Housing and Community Development Act of 1974, as amended, and of the Community Development Block Grant (CDBG) Program under this Title is the development of viable urban communities, by providing decent housing. a suitable living environment and expanding economic opportunities, principally for low and moderate income persons. The project by the SubGrantee known as the House of Hope Staffing Project (Project) has been categorized as a Public Services project and the SubGrantee will maintain documentation with the national objective of Limited Clientele activities. The SubGrantee may proceed to incur costs for the Project upon receipt of an official "Notice to Proceed" from the County. II. WORK TO BE COMPLETED BY THE SUBGRANTEE The following provisions outline the scope of the work to be completed: The SubGrantee will utilize CDBG funding to provide staffing at the House of Hope, which provides long term shelter and supportive services for homeless families . A. Payment It is expressly agreed and understood that the total amount to be paid by the COtmty under this contract shall not exceed $3!,000.00. Druwdowns for the payment of eligible expenses shall be made against the line item budgets specified in the Project Budget and in accordance with performance criteria C$blished in Section 0-C. The parties cxprasly recognize that the SubGrantee is to be paid with CDBG funds receiffll 6om the ~ government, and that the obli gatio n of the Cotmty to make payment to SubGnmec is continacnt upon receipt of such funds. In the event that said funds, or any pan thereof, are, or become. unavailable, then the COWlty may 1 I H ii. + B ' .. • • immediately terminate or amend this agreement. To the extent C.R.S. § 29-1-110 is applicable, any financial obligation of the County to the SubGrantee beyond the current fiscal year is also contingent upon adequate funds bei~ 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, 2006 unless this Agreement is modified by mutual agreement of the County and SubGrantee. c. Performance Criteria 1n 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 utilize CDBG ftmds for the continued employment of one and three quarter full time staff at the House of Hope (3301 South Grant Street, Englewood). Staff members will be employed by Family Tree. which provides staffing and services at the facility . By maintaining the one and four tenths positions, the SubGrantee will provide services for a minimlDD of 7 homeless families per month for the duration of the grant period. A total of 140 unique persons will be served by the Project The SubGrantee may not clwge fees or accept donations for services provided under this grant. 2 . Community Impact: Homelessness -crisis management and ability to transition through the continuum of care 3. Quarterly Perfonna. • Standards: June 30, 2005: September 30, 2005 : December 31, 2005 : Provide services to 7 families 20 unique persons served Provide services to 7 families each month 20 unique persons served Provide ,mices to 7 families each month 20 unique persons served 2 ' .:.., .. .. • • -( March 31, 2006: May 31, 2006: D. Reporting Requirements Provide services to 7 families each month 50 unique persons served Provide services to 7 families each month 30 unique persons served Submit final drawdown and completion report to CoWlty l. Project reports will be due within one month following the end of each calendar year quarter (March 31, June 30, September 30, December 31) until the Project is completed. 2. The official annual audit and/or Financial Statements for the SubGrantee in which both revenues and expenditures for the CDBG Projects described herein are detailed are due annually . E. Labor Standards (Davis-Bacon) It is determined that: Project activities do not require compliance with federal labor standards. F. Environmental Review Notwithstanding any provision of this Agreement. the parties hereto agree and acknowledge that this Agreement does not constitute a commitment of funds or site approval, and that such commiunent of funds or approval may occm only upon salisfactory completion of enviro..meral review and receipt by Arapahoe CoWlty of a release of funds from the U.S. Department of Housing and Urban Development under 24 CFR Part 58. The parties funber agree that the provision of my funds to the project is conditioned on Arapahoe County's detcnninalion to proceed with, modify, or cancel the project based on the results of a subsequent environmental review. G. Uaifol"III Relocation Act (URA) Project activities do not require compliance with the Uniform Relocation Act m. RESPONSIBILITIES OF THE SUBGRANTEE A. Federal Compliance _ The SubGrantee shall comply with all applicable federal laws, rqulalions and requiremenls. and all provisions of the grant agreements received from the U.S. Department of Homma and Urtm Development (HUD) by the County. These include but are not limited to c:ompliance with the provisions of the Housing and Community Development Act of 1974 and all rules, reauJalioas, 3 ' . ... .. • • ... • guidelines and circulars promulgated by the various federal departments, agencies, administrations and commissions relating to the CDBG Program. A listing of some of the applicable laws and regulations are as follows: I. 24 CFR Part 570; 2. 24 CFR Parts 84 and 85; 3. Title VI of the Civil Rights Act of 1964; 4. Title VII1 of the Civil Rights Act of 1968; 5. Sections 104(b) and 109 of the Housing and Community Development Act of 1974; 6. Fair housing regulations established in the Fair Housing Act, Public Law 90-284, and Executive Order 11063; 7. Section 504 of the Rehabilitation Act of 1973; 8. Asbestos guidelines established in CPD Notice 90-44; 9. The Energy Policy and Conservation Act (Public Law 94-163) and 24 CFR Part 39; I 0. Equal employment opportunity and minority business enterprise regulations established in 24 CFR part 570.904; 11. Section 3 of the Housing and Urban Development Act of 1968; 12. Non-discrimination in employment, established by Executive Order 11246; 13. Lead Based paint regulations established in 24 CFR Parts 35 and 570.608; 14. Audit requirements established in 0MB Circular A-133; and I 5. 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 every contract it enters, which relies upon CDBG monies for funding, a non-appropriation clause that will protect itself and the County from any liability or responsibility or any suit which might result &om 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 SubGrantce 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 an y public work projects . C. Expendicun Restrictions All CDBG funds that are approved by HUD for expenditure wlder the County's grant ap:ement, including those that are identified for the SubGrantee's Projects and activities, shall be allocated to the spec ific 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 . 4 ' .. • • - ( ·• • D. Agreement Changes No projects or activities, nor the amount allocated therefor, may be changed without approval by the County and acceptance of the revised Final Statement and/or Consolidated Plan by HUD, if required. Changes must be requested in writing and may not begin until a modification to this Agreement is fully executed . E. Direct Project Supervision and Administration The SubGrantee shall be responsible for the direct supervision and administration of its respective projects or activities. This task shall be accomplished through the use of the SubGrantee's staff, agency and employees. The SubGrantee shall be responsible for any injury to persons or damage to property resulting from the negligent acts or errors and omissions of its staff, agents and employees. Because the SubGrantee is responsible for the direct supervision and administration of its projects or activities, the County shall not be liable or responsible for cost ovemms 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. I. 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. lndeaaity To the extent allowed by law, the SubGrantee shall indemnify and bold harmless the County and its elected and appointed officials, officers, employees and aaems from and against any and all losses, damages. liabilities, claims, suits, actions or costs, including aaomcys fees, made, asserted or incurred a., a result of any damage or alleged damage to person or property occasioned by the acts or omissions of SubGrantee, its officers, employees, agents, contractors or subcontractors, arising out of or in any way connected with the Project or the performance of this COlllraCt. G. BoadiD1 ud lnsuuce If the SubGrantcc's projects involve construction activities, any Conttactor it uses for said activities shall be required to provide and maintain, until final acceptance by the SubGnntee of all work by such Contractor, the kinds and minimum amounts of insurance a., follows: I. Comprehensive General Liability : In the amount of not less than S 1,000,000 combined single limit Coverage to include : 5 ' .. • • a. b. C. d. e . f. g. h. i. •• • • Premises Operations Products/Completed Operations Broad Fonn Contractual Liability Independent Contractors Broad Fonn Property Damage Employees as Additional Insured Personal Injury Arapahoe County and the SubGrantee as Additional Named Insured 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 fimded pursuant to this agreement Coverage to include Waiver of Subrogation . 4. All rcfcrcnced insurance policies and/or certificates of insurance shall be subject to the following stipulations : a. Underwriters shall have no rights of recovery subrogation against Arapahoe County or the SubGrantee; it being the intent of the parties that the insurance policies so effected shall protect the parties and be primary coverage for any and all losses covered by the described insurance. b. The clause entitled "Other Insurance Provisions" contained in any policy including Arapahoe County as an additional named insured shall not apply to Arapahoe County or the SubGrantee. c. The insurance companies issuing the policy or policies shall have no recourse against Arapahoe County or the SubGrantee for payment of any prcmiwns due or for any assessments under any form of any policy. d. Any and all deductibles contained in any insurance policy shall be assumed by and at the sole risk of the Contractor. 5. Certificate of Insurance : The Contractor shall not commence work under any contract fimded pursuant to this Agreement until be bas submitted to the SubGrantee, rece ived appro val thereof, certificates of insurance showing that be has complied with the foregoing insurance requirements . The SubGrantee shall also submit a copy of the Contractors certificates of insurance to the County. 6. Notwithstanding the provisions contained in this paragraph (H) set forth hercinabove, the County reserves the right to modify or waive said provisions for projects or activities for which these provisions would prove prohibitive. The 6 1• ' ) • • • ( ·• • • n \J t ----•. (_J 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. 2. 3. A bid guarantee from each bidder equivalent to 5% of the bid price; A performance bond on the part of the contractor for 100"/o of the contract price; and A payment bond on the part of the contractor for l 00"/o of the contract price . H. Records The SubGrantee shall maintain a complete set of books and records documenting its use of CDBG funds and its supervision and administration of the Project Records are to include documentation verifying Project eligibility and national objective compliance, as well as financial and other administrative aspects involved in performing the Project. The SubGrantee shall provide full access to these books and records to the County, the Secrcuuy of HUD or his designee, the Office of Inspector General , and the General Accounting Office so that compliance with Federal laws and regulations may be confirmed. The SubGrantee further agrees to provide to the County upon request, a copy of any audit reports pertaining to the SubGrantee's financial operations during the term of this Agreement. All records pertaining to the Project are to be maintained for a minimum of five years following close-out of the Project I. Reporting The SubGrantee shall file all reports and other information necessary to comply with applicable Federal laws and regulations as required by the County and HUD. This shall include providing to the County the information necessary to complete annual Performance Reports in a timely fashion. J. Timeliness The SubGrantee shall comply with the quarterly performance standards established in Section D-C of this Agreement The SubGrantee Wlderstands that failure to comply with the established standards may lead to a cancellation of the Project and a loss of all unexpended funds. K. Reimbunement for Expenses The SubGrantee agrees that before the County can distribute any CDBG funds to it, the SubGrantee must submit to the County's Housing and Community Development Services Division documentation in the form required by that Division which properly and fully identifies the amount which the SubGrantee is requesting at that time . The County shall have ten (10) working days to review the request. Upon approval of the request, the County will distribute the requested funds to the SubGrantee as soon as possible . L. Prognm Income 7 ' .. .. • • • ·• • • 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 SubGrantce's Arapahoe Co\Ulty CDBG Projects, all program income directly generated from the use ofCDBG funds will be remitted to the Co\Ulty. M. Real Property Real property acquired in whole or in part with CDBG funds shall be utilized in accordance with the scope and goals identified in Sections I and II of this Agreement Should the property in question be sold or otherwise disposed of, or the approved property usage discontinued, the SubGrantee shall adhere to the requirements of24 CFR Parts 84 or 85 (as applicable) regarding the use and disposition of real property. N. State and County Law Compliance All responsibilities of the SubGrantee enumerated herein shall be subject to applicable State statutes and County ordinances, resolutions, rules, and regulations. O. Subcontracts If subcontracts are used on the Project, the SubGrantee agrees that the provisions of this Agreement shall apply to any subcontract. P. Suspension or Termination This Agreement may be suspended or terminated by the Co\Ulty if the SubGrantee materially fails to comply with any term of this Agreement This Agreement may also be terminated for convenience by mutual agreement of the County and the SubGrantee. Q. In the event that the Unit of Gcncnl Local Government should withdraw fiom the County's "Urban County" designation, this Agreement sball terminate as of the termination dale of the County's CDBG grant Agreement with HUD . R. The SubGrantee certifies that to the best of its knowledge and belief: I. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency , a Member of Congress, an officer or employee of Conaress, or an employee of a Member of Congress in connection with the awardina of any Federal contract, the making of any Federal IJ'llllt. the making of any Federal loan, the entering into of any cooperative agreement. and the extension. continuation. renewal , amendment, or modification of any Federal contnlCt. pant, loan, or cooperative agreement; and, 8 ·, ' .· .. .. • • 0 0 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying." in accordance with its instructions. S. DisaUowance If it is determined by HUD or other federal agency that the expenditure, in whole or in part, for the SubGrantee's Project or activity was improper, inappropriate or ineligible for reimbursement, then the SubGrantee shall reimburse the County to the full extent of the disallowance. IV. RESPONSIBILITIES OF THE COUNTY A. Administrative Control The Parties recognize and understand that the County will be the governmental entity required to execute all grant agreements received from HUD pursuant to the County's requests for CDBG funds . Accordingly, the SubGrantee agrees that as to its projects or activities performed or conducted under any CDBG agreement, the County shall have the necessary administrative control required to meet HUD requirements. 8. Performance and Compliance Monitoring The County's administrative obligations to the SubGrantee pursuant to paragraph A above shall be limited to the performance of the administrative tasks necessary to make CDBG funds available to the SubGrantee and to provide a Monitoring Specialist whose job it will be to monitor the various projects funded with CDBG monies to monitor compliance with applicable Federal laws and regulations . C. Reporting to HUD The County will be responsible for seeing that all necessary repons and infonnation required of the County are filed with HUD and other applicable Federal agencies in a timely fa.won. V. EXTENT OF THE AGREEMENT This agreement, including any documents attached as exhibits which are hereby incorporated herein by reference, represents the entire and integrated agreement between the County and SubGrantee and supercedes all prior negotiations, representations or agreements, either written or oral. Any amendments to this agreement must he in writing and signed by both the Coonry and SubGnmtee. If any portion of this agreement is found by a court of competent jwisdiction to be void and/or 9 t .. .. • • ·- WICllforceable, it is the intent of the parties that the remaining portions of this agreement shall be of full force and effect 10 t • • In Witness Whereof, the Parties have caused this Agrccmcnt to be duly executed this _____ day of ____________ __, 2005 . SubGrantec: City of Englewood Signature-Douglas Garrett ATTEST: :-1avor Title Board of County Commissioners Arapahoe County, Colorado Rita A. Pollock on behalf of the Board of County Commissioncn Pursuant to Resolution #040483 11 Loucr1sh1a A. Ellis City Clerk .. t .. • • PROJECT BUDGET COLUMN A COLUMNB COLUMNC COLUMND Pnjed A.cll,lllla ....... T ... C..tl CNGW... o.r .... c........ __.,,.., ...... Mllwllp ........ SJOS .406 135,00D SZ,5,406 TOTAL: SJOS,406 135.00D SZ,5,406 - ( SUBGRANTEEAGREEMENTFOR ARAPAHOE COUNTY 0 n :Ji~. COMMUNITY DEVELOP~IENT BLOCK GRANT FUNDS SUBGRANTEE: CITY OF ENGLEWOOD PROJECT NAME: HOMEOWNER FIX-UP PROJECT NUMBER: ENHS 520 This Agreement is made by and between the Board of Collllty Commissioners of the Collllty of Arapahoe, State of Colorado, for the Community Development Block Grant Program in the Community Services Department (hereinafter referred to as the Collllty) and the City of Englewood (hereinafter referred to as the SubGrantee) for the conduct of a Community Development Block Grant (CDBG) Project. L PURPOSE The primary objective of Tide I of the Housing and Community Development Act of 1974, as amended, and of the Community Development Block Grant (CDBG) Program under this TI:!: 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 SubGrantec known as the Homeowner Fix-up Project (Project) has been categorized as a Housing Rehabilitation project and the SubGrantee will maintain documentation with the national 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. Il. WORK TO BE COMPLETED BY THE SUBGRANTEE The following provisions outline the scope of the worlt to be completed: The SubGrantec will utilize CDBG funding to provide gnmts to income eligal>le homeowners for exterior home improvements. The iment of the project is both to improve the Englewood's existing housing SIOCk, as well as improve the visual appearance of dctcriorarcd neighborhoods. Typical improvements may include (but arc not nccesmily limited to) paint, siding, windows, roofs, and xc:risc:3ping. A. Payment It is expressly agreed and undctstood that the total amount to be paid by the County under this contract shall not exceed $33,250.00 . Drawdowns for the payment of eligible expenses shall be , made against the line item budgets specified in the Project Budget and in accordance with pcrfonnance criteria established in Section ll-C. The parties expasly ruognize that the SubGrantce is to be paid with CDBG funds received from the federal government. and that the l • X H I • + C .. . • ' • • obligation of the County to make payment to SubGrantee is contingent upon receipt of such funds. In the event that said funds, or any, part thereof, are, or become, unavailable, then the Co1mty 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 SubGrantce beyond the current fiscal year is also contingent upon adequate funds being appropriated, budgeted and otherwise available. Any Project funds not expended and drawn from the Co1mty 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, 2006 lllllcss this Agreement is modified by mutual agreement of the County and SubGrantee. C. Performance Criteria 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 seven owner occupied homes. Grants are not to exceed $4,000 each, and will require a 20% match from each homeowner. All improvements completed under this grant are to be performed in compliance with applicable local or industry codes and standards. 2. Community hnpact: Affordable housing -stability and housing quality 3. Quarterly Performance Standards: June 30, 2005 : September 30, 2005: December 31 , 2005 : March 31 , 2006 : May 31 , 2006 : Hire intern to pcdonn project Program marketing Provide one renovation grant Provide two re novation grants Provide two renovation grants Provide two renovation grants Complete all renovations funded by project 2 t .. • • D Submit final drawdown and completion report to Cowity D. Reporting Requirements I . Project reports will be due within one month following the end of each calendar year quarter (March 31, June 30, September 30, December 31) until the Project is completed. 2. The official annual audit and/or Financial Statements for the SubGrantec in which both revenues and expenditures for the CDBG Projects described herein arc detailed are due annually . E. Labor Standards (Davis-Bacon) It is detcnnincd that: Project activities do not require compliance with federal labor standards. F. EnviroDmentaJ Review Notwithstanding any provision of this Agreement, the parties hereto agree and acknowledge that this Agreement docs not constitute a commitment of funds or site approval, and that such commitment of funds or approval may occur only upon satisfactory completion of environmental review and receipt by Arapahoe County of a release of funds from the U.S. Department of Housing and Urban Development under 24 CFR Part S8. The parties tunbcr agree that the provision of any funds to the project is conditioned on Arapahoe County's determination to proceed with, modify, or cancel the project based on the results of a subsequent environmental review . G. Uniform Relocation Act (URA) Project activities do not require compliance with the Unifonn Relocation Act. H. Lead Based Paiat The SubGrantcc will comply with CoWlty policies and all stare and federal rqulations and guidelines related to minimizing lead hamds in rcsidcntial properties, including 24 CFR Part 3S and Colorado Regulation Number 19. m. RESPONSIBILITIES OF THE SUBGRANTEE A. Fedenl Compliance The SubGrantcc shall comply with all applicable federal laws. regulations and rcquiJancnls, md all provisions of the grant agreements received from the U.S. Depanment of Housina and lhblll Development (HUD) by the Cowity. These include but a oot limited co compliance with the provisions of the Housing and Community Development Act of 1974 and all rules, rqulabons. 3 .. ' ... •' • • • ... r---. (,,_] guidelines and circulars promulgated by the various federal departments , agencies, administrations and commissions relating to the CDBG Program. A listing of some of the applicable laws and regulations are as follows: I. 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 Coaummity Development Act of 1974; 6. Fair housing regulations established in the Fair Housing Act, Public Law 90-284, and Executive Order 11063; 7. Section 504 of the Rehabilitation Act of 1973; 8. Asbestos guidelines established in CPD Notice 90-44; 9. The Energy Policy and Conservation Act (Public Law 94-163) and 24 CFR Part 39; 10. Equal employment opportunity and minority business enterprise regulations established in 24 CFR part 570.904; 11. Section 3 of the Housing and Urban Development Act of 1968; 12. Non-discrimination in employment, established by Executive Order 11246; 13 . Lead Based paint regulations established in 24 CFR Parts 35 and 570.608; 14. Audit requiiements established in 0MB Circular A-133; and 15 . Cost principles established in 0MB Circulars A-87 and A-122. Additionally, in accordance with 24 CFR Part 570, no employee, official, agent or consultant of the SubGrantee shall exercise any function or responsibility in which a conflict of interest, real or apparent, would arise. The SubGrantee cannot engage in a federally funded contract with any 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 COBO monies for funding, a non-appropriation clause that will protect itself and the County from any liability or responsib ility or any suit which might result from the discontinuance of CDBG funding for any reason . Because this SubGrantee Agieement involves funds from a federal grant, to the extent there is a confli ct the fimding 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 pub lic wo rk projects. C. Expenditure Restrictions All CDBG funds that are approved by HUD for expenditure under the County's grant agreement, includin g tho se that are identified for the SubGraotee's Projects and activities, shall be allocated to the speci fi c projects and ac tivities described and listed in the grant agreements . The allocated funds shall be used and e.x pended onl y for the projects and activities for which the funds arc identified. 4 ' .. • • D. Agreement Changes No projects or activities , nor the amount allocated therefor, may be changed without approval by the County and acceptance of the revised Final Statement and/or Consolidated Plan by HUD, if required . Changes must be requested in writing and may not begin until a modification to this Agreement is fully executed. E. Direct Project Supervision and Administration The SubGrantee shall be responsible for the direct supervision and administration of its respective projects or activities. This task shall be accomplished through the use of the SubGrantce's staff, agency and employees. The SubGrantce shall be responsible for any injury to persons or: damage to property resulting from the negligent acts or mors and omissions of its staff, agents and employees. Because the SubGrantce 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 SubGrantce on any projects or activities. The County shall have no duty or obligation to provide any additional funding to the SubGrantce if its projects or activities cannot be completed with the funds allocated by the County to the SubGrantce. Any cost overruns shall be the sole responsibility of the SubGrantce. I. The SubGrantce agrees that all fimds 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 SubGrantce agrees that the funds allocated for any approved projedS or activities shall be sufficient to complete said projects or activities without any additional CDBG funding. F. Indemnity To the extent allowed by law, the SubGrantee shall indemnify and bold harmless the County and its ele-:ted 311d appointed officials. officers, employees and agents from and against any and all losses, damages, liabilities, claims, suits, actions or costs, including attorneys fees, made, asserted or incurred as a result of any damage or alleged damage to person or property occasioned by the acts or omissions of SubGrantee, its officers, employees, agents, contractors or subcontractors, arising out of or in any way connected with the Project or the performance of this contract G. Bondin& and Insurance If the SubGrantee's projects involve construction ac tivities, any Contractor it uses for said activities shall be required to provide and maintain, until final acccpcance by the Sub0nntce of all work by such Contractor, the kinds and minimum amounts of insurance u follows : I. Comprehensive General Liability: In the amount of not less than Sl ,000,000 combined single limit. Coverage to include : 5 ' .· .. .. • • ( f 2. ·• • • 0 a Premises Operations b. Products/Cgmpleted Operations c. Broad Form Contractual Liability d. Independent Contractors e. Broad Form Property Damage f. Employees as Additional Insured g. Personal Injury h. Arapahoe County and the SubGrantee as Additional Named Insured i. Waiver of Subrogation 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 . 5. 6 . 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 Collllty or the SubGrantee; it being the intent of the parties that the insurance policies so effected shall protect the parties and be prim.my coverage for any and all losses covered by the described insurance. b. The clause entitled "Other Insurance Provisions" contained in any policy including Arapahoe Cowity 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. Certificate of Insurance: The Contractor shall not commence work under any contract fimded pursuant to thls Agreement until he has submitted to the SubGrantee, received approval thereof. certificates of insurance showing that he has complied with the foregoing insurance requirements. The SubGrantee shall also submit a copy of the Contractor's certificates of insurance to the County. Notwithstanding the provisions contained in this paragraph (H) set forth hereinabove , the County reserves the right to modify or waive said provisions for projects or activities for which these provisions would prove prohibitive . The 6 . • I-. ... .• .. ' • • --- ( ·• • D [J. 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: I. 2. 3. A bid guarantee from each bidder equivalent to 5% of the bid price; A performance bond on the part of the contractor for 100'/o of the contract price; and A payment bond on the part of the contractor for 100'/o of the contract price. H. Records The SubGrantee shall maintain a complete set of books and records documenting its use of CDBG funds and its supervision and admini$tnltion of the Project Records are to include documentation verifying Project eligibility and national objective compliance, as well as financial and other administrative aspects involved in performing the Project The SubGrantee shall provide full access to these books and records to the County, the Secretary of HUD or his designee, the Office of Inspector General, and the General Accounting Office so that compliance with Federal laws and regulations may be confirmed. The SubGrantee further agrees to provide to the County upon request, a copy of any audit reports pertaining to the SubGrantee's financial operations during the term of this Agreement All records pertaining to the Project are to be maintained for a minimum of five years following close-out of the Project L Reporting The SubGrantee shall file all reports and other information necessary to comply with applicable Federal laws and regulations as required by the County and HUD. This shall include providing to the County the information necessary to complete annual Perfonnance Reports in a timely fashion. J. Timeliness The SubGrantee shall comply with the quarterly performance standards established in Section 11-C of this Agreement The SubGrantee understands that failure to comply with the established standards may lead to a cancellation of the Project and a loss of all unexpended ftmds. K. Reimbunement for Expenses The SubGnmtee agrees that before the County can distribute any CDBG ftmds to it, the SubGrantee must submit to the County's Housing and Conununity Development Services Division documentation in the form required by that Division which properly and fully identifies the amount which the SubGrantee is requesting at that time. The County shall have ten (10) working days to review the request. Upon approval of the request, the County will distribute the requested funds to the SubGrantee as soon as possible . L. Program Income 7 t .... .. ·• • All program income directly deriv.ed from the Arapahoe County Community Development Block Grant Program received by the SubGrantee will be retained by the SubGrantee and will be dispersed for its approved CDBG Project activities before additional CDBG funds are requested from the County. Following completion of the SubGrantee's Arapahoe County CDBG Projects, all program income directly generated from the use ofCDBG fimds will be remitted to the County. M. Real Property Real property acquired in whole or in part with CDBG funds shall be utilized in accordance with the scope and goals identified in Sections I and II of this Agreement Should the property in question be sold or otherwise disposed of, or the approved property usage discontinued, the SubGrantee shall adhere to the requirements of24 CFR Parts 84 or 85 (as applicable) regarding the use and disposition of real property. N. State and County Law Compliance All responsibilities of the SubGrantee enumerated herein shall be subject to applicable State statutes and County ordinances, resolutions, rules, and regulations. 0. Subcontncts If subcontracts are used on the Project, the SubGrantee agrees that the provisions of this Agreement shall apply to any subcontract P. Suspension or Termination This Agreement may be suspended or terminated by the County if the SubGrantee materially fails to comply with any term of this Agreement This Agreement may also be terminated for convenience by mutual agreement of the County and the SubGrantee. Q. In the event that the Unit of General Local Government should withdraw from the County's "Urban County" designation, this Agreement shall terminate as of the termination date of the County's CDBG grant Agreement with HUD. R. The •SubGrantee certifies that to the best of its knowledge and belief: l. No Federal appropriated fimds have been paid or will be paid. by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension. continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; and, 8 .. ' .·· ... .. • • s. ·• • 0 n \ ..._,J 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress. or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. Disallowance If it is determined by HUD or other federal agency that the expenditure, in whole or in part, for the SubGrantee's Project or activity was improper, inappropriate or ineligible for reimbursement, then the SubGrantee shall reimburse the County to the full extent of the disallowancc. IV. RESPONSIBILITIES OF THE COUNTY A. Administntive Control The Parties recogniz.e and understand that the County will be the governmental entity required to execute aJI grant agrcem~nts received from ffiJD pursuant to the County's requests for CDBG funds. Accordingly, the SubGrantee agrees that as to its projects or activities performed or conducted under any CDBG agreement, the County shall have the nccessacy administrative control required to meet HUD requirements. 8. Performance and Compliance Monitoring The County's administrative obligations to the SubGrantcc pursuant to paragraph A above shall be limited to the performance of the administrative tasks necessary to make CDBG funds available to the SubGrantee and to provide a Monitoring Specialist whose job it will be to monitor the various projects funded with CDBG monies to monitor compliance with applicable Federal laws and regulations. C. Reporting to HUD The County will be responsible for seeing that all necessary reports and information required of the County arc filed with HUD and other applicable Federal agencies in a timely fashion. V. EXTENT OF THE AGREEMENT This agreement, including any docwnents attached as exhibits which arc hereby incorporated herein by reference , represents the entire and integrated agreement between the CoWlty and SubGnntee and supercedes all prior negotiations, representations or agrccmcnts, either written or oral. Any amendments to this agreement must be in writing and signed by both the County and SubGrantee. If any portion of this agreement is found by a court of competent jurisdiction to be void and/or 9 t .. .. ' • • unenforceable, it is the intent of the parties that the remaining portions of this agreement shall be of full force and effect 10 • • In Witness Whereof, the Parties have caused this Agreement to be duly executed this-----day of ____________ ~2005. SubGrantee: City of Englewood Signature -iJouglas Garrett Mayor Title Board of County Commissioners Arapahoe County, Colorado Rita A Pollock on behalf of the Board of County Commissioners Pursuant to Resolution #040483 11 ATTEST: Loucrishia A. Ellis City Clerk • ' .. • • PROJECT BUDGET t COLUMN A COLUMNB COLUMNC COLUMND .,..... Acllwlllll r........T ... Cellel CHG,_. oe.r,..c........ (spedly., .. ._, MlhllJ .... ...,...,... $4,250 $4,250 so l'la;,,ct ldmioillnliw ..,_. $3,000 Sl.000 SZ.000 Onnlapna S3S,OOO SZl,000 $7,000 TOTAL: S42,2SO 133.250 •.ooo • • ( C COUNCIL COMMUNICATION Date: April 4, 2005 Initiated By: Agenda Item: 9 a ii Utilities Department Subject: License Agreement for 4901 South Lipan Drive Staff Source: Stewart H . Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council granted Mr. Michael Dryer of 4901 South Lipan Drive a license agreement on May 19, 2003 to construct an asphalt driveway and maintain the City's easement along the City Ditch. RECOMMENDED ACTION The Englewood Water and Sewer Board, at their March 15, 2005 meeting, recommended that City Council approve a License Agreement to install a fence and maintain a portion of the City Ditch at 4901 South Lipan Drive. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Mr. Michael Dryer submitted a License Agreement to install and maintain 133' of 6' cedar fence within the City's easement along the City Ditch, which is enclosed . Mr. Dryer's residence is at 4901 South Lipan Drive. The proposed 6 ' fence would provide yard enclosure and privacy. Englewood will maintain their easement and the right to install, repair remove or relocate the City Ditc at any time deemed necessary . The License Agreement will allow Mr. Dryer to install and mainta in a fence in the existing City Ditch easement for improved appearance and to minimize maintenanc e and safety concerns. The Lice nsee ex press ly ass um es full and stri ct liability for any and all damages of every nature to perso n o r p roperty ca use d by th e point or points where the Licensee performs any work in connection with the crossi ng provi ded by th e Lice nsP.e. Th e City reserves th e right to make full use of the property necessary in th e o perat ion of th e City Ditc h. FINANCIAL IMPACT one. LIST OF ATTACHMENTS ( Bi ll fo r Ordi nance. t .. • • •' C/iti BY AUTHORITY ORDINANCE NO. SERIES OF 2005 COUNCIL BILL NO. 9 INTRODUCED BY COUNCIL MEMBER ------ A BILL FOR AN ORDINANCE APPROVING A TEMPORARY CONSTRUCTION EASEMENT AND A CITY DITCH CROSSING LICENSE AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND MICHAEL P . DRYER FOR THE INSTALLATION OF A FENCE ENCROACHING INTO THE CITY OF ENGLEWOOD'S EASEMENT AT 4901 SOUTH LIPAN DRIVE. WHEREAS, Michael P. Dryer submitted a City Ditch Crossing License Agreement and a Temporary Construction Easement in order to install and maintain a 133' of 6' cedar fence within the City of Englewood's easement along the City Ditch at 4901 South Lipan Drive; and WHEREAS, Michael Dryer desires to construct the 6' fence in order to provide an enclosed yard for privacy; and WHEREAS, the License Agreement will allow Michael Dryer to install and maintain a fence in the existing City Ditch easement for improved appearance and to minimize maintenance and safety concerns on his property; and WHEREAS, Michael Dryer assumes full and strict liability for any and all damages of every nature to persons or property caused by the point or points where the Licensee performs any work in connection with this License; and WHEREAS, the City reserves the right to make full use of the property necessary to the operation of the City Ditch; and WHEREAS, the City retains all rights to operate, main~in, install, repair, remove or reloca te any of its facilities located within the City's Right-of-Way; and WH ERE AS , the Englewood Water and Sewer Board recommended Council a pproval by O rdinan ce of the Licen se Agreem ent to m a intain that ponion of Ci ty D itch at t heir Marc h 15, 200S meet ing . NOW, THEREFORE, BE IT O RDAINED BY THE C ITY CO UNCIL O F T H E CITY OF ENGLEWOOD, COLORADO, THAT: Sec tion ) . The Ci ty Council for the City o f Eng lewood, Colorado, here by a pproves the C ity Ditch C rossing License Agreement and the Temporary Con struc tion Easement between the C ity of Englewood and Michael P. Dryer for the install a tion of a fe nce encroach ing into the City of Ena le wood's Easemen t and to mai ntai n such port ion of the City Ditch located a t 4901 So uth Lipan Drive, attach ed hereto as Exhibits A and B. -1- t .. . ,• • • Section 2. The Chairman of the Englewood Water and Sewer Board and Director of Utilities are hereby authorized to sign said City Ditch Crossing License Agreement and Temporary Construction Easement at 4901 South Lipan Drive. Introduced, read in full, and passed on first reading on the 4•h day of April, 2005. Published as a Bill for an Ordinance on the 8th day of April, 2005 . Douglas Garrett, 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 4th day of April, 2005. Loucrisbia A. Ellis -2- • t • • LICENSE _. CITY DITCH CROSSING AGREEMENT THIS LICENSE AGREEMENT, made and entered into aa of this day of -----~ 19_ by and between the CITY OF ENGLEWOOD , a municipal nl,o;t:::J,t ~tg7· herein referred to aa "City", and herein referred to aa "Licensee". o~~~g~Ze ~i~itch. described as a ~:!:nd situated in the_ Township Range of the ___________________ P.M., County of Arapahoe, State of Colorado described as follows : /J~r I w/11 ti:L-f<:?R. s~ The above-described parcel contabis (2 :{c>£ Ae-t~ :S: more or leas 1. Any construction contemplated or performed under this License shall comply with and conform to standards formulated by the Director of Utilities of the City and such construction shall be performed and completed according to the plans, consisting of one sheet, a copy of which is attached hereto and made a part hereof. 2. The Licensee shall notify the City'3 Director of Utilities at least three (3) days~ to the time of commencement of the construction of. or any repairs made to, Licensee's ~/d -----------------------so that the City may, in its discretion, ins pe ct s uch operations. 3 . Within thirty (30) days from the date of the commencement of construction ofsaid~C:: the Lic e ns ee shall complete such construction, place and maintain permanent, visible marke rs, of a t yp e a nd at auch locationsas designated by the City's Director of Utilities, referring to the centerline of the installation and shall clear the croaain& area of all construction debris and restore the area to its previous condition u near u may be rea sonable . In the event the planing of the centerline markers and the clearing and res toration of the crossing area is not completed within the time specified, the City may complete the work at the sole expense of the Licensee . 4 . The City shall have the ri1ht to maintain, install, repari, remove or relocate the City Ditch or an/ other of its facilities or installationa within the City'• richt.14-way, at any time and in s uch manner as the City deem s necesaary or convenient. The City reaerves the .. A ' ... .. • • .. - ...... exclusive right to control all easements and installations . In the event the ~~ ---------should interfere with any future use of the City's rights-of-way by the City, the Licensee shall, upon request and at its sole expense, relocate, rearrange, or remove its installations so as not to interfere with any such use . 5. Any repair or replacement of any City installation made n~, jn the opinion of the City's Director of Utilities because of the construction of the ~A/ ce --------------------------or other appurtenant installation thereof, shall be made at the sole expense of the Licensee . 6. The stipulation and conditions of this License shall be incorporated into contract specifications if the construction herein authorized is to be done on a contract basis. 7. The rights and privileges granted in this License shall be subject to prior agreements, licenses and/or grants, recorded or unrecorded, and it shall be the Licensee's sole responsibility to determine the eristence of said documents or conflicting uses or installations. 8. The Licensee shall contact and fully cooperate with the City's personnel and the construction shall be completed without interference with any lawful, usual or ordinary flow of water through the City Ditch. Licensee shall assume all risks incident to the possible presence of such waters, or of storm waters, or of surface waters in the City Ditch. 9. All trenches or holes within the City"s rights-of-way shall be backfilled and tamped to the original ground line in layers not to excee si.'t (6) inches loose measure to a compaction of ninety percent (90%) Standard Proctor ~a'timum Density. 10. Licensee, by acceptance of this License , expr4essly assumes full and strict liability for any and all damages of every nature to person or property caused by water from the ditch leaking through the ditch banks or pipeline at the point or points where the Licensee performs any work in connection with the crossing provided by this License . The Licensee assumes all responsibility for maintenance of the installation. 11. Licensee shall indemnify and save harmless the City, its officers and employees, against any and all claims. damagtes, acction~_causes of action and expenses to which it or they may be subjected by reason of said-F#f....;;-=,.&~.._-...... -... , ___________ _ being wit hin a nd across and under the premises of t he City or by reason of any work done or om ission m a de by Lice nsee . its age n ts or employees, in connection with the co nstruction, re placement. maint en ance or re pair of said installation. 12. It is exp ressly agreed that in case of Licensee's breach of any of t he within promises, the City may, a t its option , h ave s pecific performance t here of, or s ue for damages resulting from such breach. 13 . Up on a bandonment of any right or privilege herein granted, the richt of Licensee to that extent s hall terminate, but its obliga tion to indemnigy and save harmle88 the City, its offi ce rs a nd employees , s h a ll not te rmi nate in any event. I n gra nting t he above a uthorization, the City rese rves the right to make full use of the p ro p erty mvolved as may be necessary or co nvenient in the operation of the water works plant a nd system u nde r the co n trol of the City . . 2. - ' .. -· • • ( ) In granting the above authorization, the City reserves the right to make full use of the property involved as may be necessary or convenient in the operation of the water works plant and system under control of the City. JN WITNESS WHEREOF this instrument has been executed as of the day and year first above written. CITY OF ENGLEWOOD Stewart H. Fonda Director of Utilities City of Englewood Chairman Englewood Water and Sewer Board The undersigned officer of _______________ .. has read the foregoing License and agrees for an on behalf of said ---------,-,---------------~that rt will accept and will abide by all the terms and conditions thereof. LICENSEE: //$~~ By. ____________ _ Title:------------- Address:---------.,.,..-- Phone: ____________ _ Notary. . ,ttr,/41,ra i<,wtJ '· (' . My commission ~ires: 4-.?f-01 • t .. • • N 155.22 ~ 178.89 C • 1]': ~•;fH ~ ASPHALT PAC APPROXIMATE CENTERLINE OF CITY OITCH--48u PIPE LICENSE AGREEMENT FOR CITY DITCH 4901 S. LIPAN DRIVE, ENGLEWOOD, CO. t ... 80 • • (J TEMPORARY CONSTRUCTION EASEMENT This Temporary Cons~r2o~ement (the Temporary Easement) is entered into this_ day of , 2oqnfy £dbctwcen the City of Englewood, Colorado, a municipal corporation of the state of Colorado, acting by the through its W~ and Sewer Board (Grantor) and _ _,,j_!' _______________ _ l!t<~ Z r-: ~.e y.: &1 c Grantee>· WHEREAS, The City of Englewood owns a right-of-way for the City Ditch. a carrier ditch (City Ditch ROW) which is located as described on E:thibit A. ~2,t.i.;.~~~......£.LC..,.a;:.a.-desires to install a fetv'4 c.O AICrO'e;.c:' h, ~ ~=--=:LJ.;..,c........:i~;..L..=...:,,....--------within the City Ditch ROW NOW, THEREFORE. In consideration of the mutual covenants of the parties , more particularly hereinafter set forth. the adequacy and sufficiency of which arc hereby acknowledged, it is agreed as follows : I. Te~J:onstruction Elsement Englewood (as Grantor) hereby grants to~ L P IJA Y:-( (as Grantee), its successors, assigns, contr:ictors , and sub...:ontractors, a non-exclusive temporary construction e:iscment through~cr, under and ac:-oss the City Ditch ROW for the installation of :1.c.r .... c:.~ ... -a...:;...::O:.::..e=--------- ---------------------pursuant to a license agreement (the Project). 2. Term ofE:iseme:u. Toe Project will begin no sooner than t/-1/-'7/ and will be completed no later than//-/-of . Completion of the Project will be deemed to have occurred upon inspection and :ipproval of the Project by Gr:intor :md chi s Temp rary Easement will be deemed to have teI_minated upon such completion . 3. Access . Grantee shall ha ve the temporary non :e:cclusive right to enter the City Ditch ROW for any rc:isonable purpose necessary or prudent for the construction of the Project subject to the following restrictions : 1) nonnal working hours shall be consistent with COOT construction hours, Monday through Friday and 2) the operation of ,=quipment and he:lvy trucks will be permitted on the Englewood City Ditch ROW only during normal working hours. • X + T B ' • • 4. Restoration. Upon completion of the Project, Grantee will perform such restoration and regrading as is necessary or prudent to rcst0re the surface area of the City Ditch ROW to its original condition. s. Indemnification. Cnmeec;te me ettltllt pemiltt.d .,, tile lo s •• :,,f:J 8Qa1H&tioR-of&•icare efCelel'IWie, ilcrcby agrees to be liable and hold bannlcss the City of Englewood, its employees, tenants, and guests &om any and all claims, causes of action, and liability which may occur as a result of the negligent or wrongful acts of Grantee in the constrUCtion of the Project, including the cost of defending against such claims. 6. l.i!!2iJ.iD!. Grantee bercby aclcnowlcdges that it understands that there is water tlow in the City Ditch from April l to ~ovcmbcr l of each )'e3I' and that it will assume liability for any damage to adjoining property caused by water flow resulting from damage to the City Ditch caused by the Grantee's construction activities. 7. Insurance. Grantee shall maintain in full force and effect a valid policy of insurance for the Project in the amount of 3600,000.00 property coverage and S600,000.00 liability coverage. Grante: further agrees that all its employees, contractors and sub-.:ontr:ictors working on :he Project shall be covered by adequate Wurkers Compensation insurance. 8. Assignment. This T cmpor:iry Construction Easement is assignable only with the written pennission of Englewood, which permission will not unreasonably withheld. conditioned or dela~cd. IN \VTDiESS WHEREOF, the parties be:-eto have :xecutcd this temporary construction Easement on the date and day first written above. .. . " In granting the above authorization, the City reserves the right to make full use of the property involved as may be necessary or convenient in the operation of the water works plant and system under control of the City. IN WITNESS WHEREOF this instrument has been executed as of the day and year first above written. CITY OF ENGLEWOOD Stewart H. Fonda Director of Utilities City of Englewood Chairman Englewood Water and Sewer Board The undersigned officer of ____ .i.._;._ _________ bas read the foregoing License and agrees~on behalf of said _______ __......,,.~ ______________ tlw it will accept and will abide by alletenns and conditions thereof. LICENSEE : ~4, Notary: .~~441 i 4dfJ Title:------------My commiaion expires: Address : ~?c1 /.;1:v Lelk...v~ ff~e4/L)~ c:; Phone : $? l-?,4(-/5"21' t • • N 155.22 ~ 178.89 C,7__~'~1H z ASPHALT PAO , . APPROXIMATE CENTERLINE OF CITY DITCH--48" PIPE LICENSE AGREEMENT FOR CITY DITCH 4901 S. LIPAN DRIVE, ENGLEWOOD, CO. • • ORDINANCE NO. SERIES OF 2005 BY AUTHORITY COUNCIL BILL NO. 7 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE APPROVING SUPPLEMENT NO. 160 TO THE SOUTHGATE SANITATION DISTRICT CONNECTOR'S AGREEMENT FOR THE INCLUSION OF LAND WITHIN THE DISTRICT BOUNDARIES. WHEREAS, Southgate Sanitation District recommends the inclusion of approximately 2 .3 acres into the District; and WHEREAS, said inclusion is located between Belleview and Orchard, cast side of Colorado Boulevard in Greenwood Village at 5665 South Colorado Boulevard; and WHEREAS, the zoning of this property in Greenwood Village is Single: Family Residential and which is the proposed use of this property; and WHEREAS, said annexation of this parcel of land will not inercasc the tap allocation to the Southgate Sanitation District; and WHEREAS, the Englewood Water and Sewer Board recommended approval of this Agreement at its March 8, 2005 meeting; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section l . The Agreement between the City of Englewood and Southgate Sanitation District entitled "Supplement No. 160, to Connector's Agreement", which includes 2 .3 acres located between Belleview and Orchard, on the east side of Colorado Boulevard in Greenwood Village, is hereby accepted and approved by·the Englewood City Council. A copy of said Agreement is attached hereto as "Exhibit I" and incorporated herein by reference. Section 2. The Mayor and City Clerk are hereby aulliorized to sign and attest, respectively, the said Agreement for and on behalf of the City Council and the City of Englewood, Colorado. · Introduced, read in full, and passed on first reading on the 21st day of March, 200S . Published as a Bill for an Ordinance on the 2S'b day of March, 200S. Read by title and passed on final reading on the 4th day of April, 200S . -1- 9 bi ' .. •. • • Published by title as Ordinance No. _, Series of 2004, on the 8th day of April, 2005. Douglas Garrett, 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 200S. Loucrishia A. Ellis -2- • ( SUPPLEIIENT NO • .J1;fL TO CONNECToR's AGREEIENT THIS AGREEIIENT, made and entel9d Into by and between the CITY OF ENGlEWOOO, adlng by and tlwough. duly aulhorimd Mayor and Cly Cieri!, heiei .... called the "City,• and SOUTHGATE SANITATION DISTRICT, Arapahoe and Douglas Counties, Colorado, her9i..,... Cllled lhe "Dlelrtct,. WITNESSETH: WHEREAS, on the 20lh day ol June, 11181, the Cly and the Olatrict .-.cl Into an Agr-,ent In which the Cly agr9lld to nit MWage origl11all11g fn:lm the Oalrlct's salilary-system within the -a.Wd by the Dlslrid. which~ -mast ,-,ay re,-c1 by Connedol's Agrwnent dalld Novwnber 18, 111811; and WHEREAS, said Connec:lor's Aar-neflt provides Iha! the dlslJict may not enlarge itl NNice -without the wrilllln ~ of the City; NOW, THEREFORE, In consideration of the mutual covenants end undertakings herein set forth, the pa,1iN ..... folows : I 1. The City hereby ~ to the inclusion of cer111in addlllonal ._ localld in Alapahoe County, Colorado, owned by JamN C. DII and men fuly desc:rlled on Exhibit A attached hel9lo and ilCOfP()fal8d heraln by '*9nce, inlD Southgaa Sanitation Dillric:t. The Cly llgl9el that said addlllonal .. may be --with the - facililles of the Olatrict, and Iha! the City wil treat the sewage discharged in1o the City's trunk line from said additional -· II in accordance with the Connec:ton ~ dated November 18, 1988. Accordingly, Exhibit A rnfT9d to In Paragraph 1 of the Connectof's ~ dated ~ 18, 1988, is hereby amended to include such addlllonal -· 2. Each and --, ott. proviaion of the said Connedor's ~ dal9d November 18, 1988, lhal rwnaln unchanged. IN WITNESS WHEREOF, the pa,1ies "-Ml their hands and ..... 111i1 -day of __ , 2005. ATTEST: CITY CLERK (SEAL) CITY OF ENGL!WOOO By:~-=------IIAYOR SOUTHGATE SANITATION DISTRICT, ARAPAHOe AND DOUGLAS COUNTIES. COLORADO E :{ Ii I B I T 1 t • • • • • EXHIBIT A The East one-half of tract 282, South Denver Gardens, County of Arapahoe, State of Colorado . • • ,. .......... / I 'I D I I " __L_ I ············ 6'81 .. L ... ,.,7. -' r. ! .) : ..... r ··==· I I I -. ·• .. • • \ -~~ -.. ( l k • ; __ __./ ' -· CIPU I ,_. • • 0 COUNCIL COMMUNICATION Date: Agenda Item: Subject: April 4, 2005 9 Ci Xcel Energy Agreements for Electric Service Upgrades and Additional Reserve Capacity for the L/E WWTP Initiated By: Staff Source: L/E WWTP Supervisory Committee Stewart H . Fonda, Utilities Director Mark Van Nostrand, Senior Project Engineer COUNCIL GOAL AND PREVIOUS COUNCIL ACTION No prior action by Council. RECOMMENDED ACTION The proposed action is to approve, by motion, the agreements with Xcel Energy for construction of upgraded electrical transmission lines and the reserve capacity of 4,000 KW on each electrical feeder for dual electric service to the Littleton/Englewood Wastewater Treatment Plant (L/E WWTP) in the amount of $113,337. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Xcel Energy has prepared an engineering plan to improve and upgrade the electrical service to the L/E WWTP. These improvements are necessary to support the increased electric demands that will result from the Phase 2 Expansion projects' new equipment and buildings. Currently, the L/E WWTP is pro ided with two independent electric services each with a rated capacity of ap proximately 2,500 kilowatts (KW). Load projections for after Phase 2 indicate that electric demand could increase up to 4,000 KW. Based on these projections, Xcel has prepared construction es timates to upgrade their conductors, poles, and meters as well as their substations (Sheridan #2014 and South #1537) that now serve the plant. The new electric improvements will be ins talled b Xcel Energy as two separate proj ects to n;ieet the scheduling requirements of the Phase 2 project. The first project is to ins tall ne, poles and 700 feet of conductors that will connect to Primary Swi tc hgear #2 along a new alignment parallel to the main east-west driveway. This project will ens ure up to 4,000 KW a ailable to the north side of the plant and reduce the cost of replacing o , er 3,600 fee t of conductors that now go around the entire southern perimeter of the site . This project can be completed in early 2005 because it has no impact on construction and requires oordination \'ith the Englewood Servicen ter. Xcel has prepared an Electric Distribution Facilities hten ion greement in the amoun t of S45,99: for th is, ork. From this location, additional ete trical d1 tnbu!lon projects will be completed b Western Summit. included in the Phase 2 pro1 t. to r\ 1 e n " fa 1ti ue located on the north ,de of th project site. ... ' .. .. • • The second project is to install a short run of new conductors and to relocate a pole and meter outside the L/E WWTP site on the south side of the plant. This project will ensure up to 4,000 KW available to the south side of the plant to Primary Switchgear #1. This project can be completed in mid-2005 because it has minimal impact on construction, but does require coordination with Western Summit. Xcel has prepared an Electric Distribution Facilities Extension Agreement in the amount of $26,542 for this work. From this location, additional electrical distribution projects will be completed by Western Summit to service new and upgraded facilities located on the south side of the project site . In 1991, a Dual Electric Service Agreement was entered into with Public Service Company of Colorado (PSCO). The agreement provides for dual electrical feeds to the plant, as well as reserving up to 2,500 KW of demand on each electrical source. The dual electric feed is an integral part of meeting the plant's electrical redundancy requirements. A new agreement is needed for the reserve capacity increase to 4,000 KW, to reflect changes made to the original agreement by PSCO (dba Xcel Energy), and to establish a new monthly surcharge for providing dual feeds. A one-time . reserve capacity charge has been estimated by Xcel Energy to be $40,800, with a monthly charge of $1,419 ($17,028 per year). FINANCIAL IMPACT The Electrical Service Upgrade and Reserve Capacity Projects are in the 2005 Infrastructure budget. The costs of the Electrical Service Upgrade and Reserve Capacity Projects will be split 50/50 with the City of Littleton as a capital expense . The increase in the monthly dual service charge as part of the Dual Electric Service· Facilities Agreement is an operating expense and will be split based on flow with the City of Littleton as an operating expense. LIST OF AlTACHMENTS Agreement Summary Letter from Xcel . Agreements. • • fl Xcel Energy~ January 26, 2005 Mark Van Nostrand, P .E . Littleton/Englewood Wastewater Treatment Plant 2900 S. Platte River Uave Englewood, CO 80110 Reference: Upgraded Electrical Service Dear: Mr. Van Nostrand: PUBLIC SERVICE COMPANY In regards to your request for an upgraded electrical service to the Littleton Englewood Waste Water Treatment Plant located at 2900 S Platte River Road in Englewood Colorado, I am providing the following inform2tion: > Preferred Feeder o Electric installations -Preferred Design #109944 > Alternate Feeder o Electric installations -Alternate Design #109860 o Dual Electric Service Facilities Agreement and monthly charges , > Interconnection o Agreement Application o Interconnect Agreement Preferred Feeder Electric installations · Prdem:d Feede.r Design #109944 The preferred feeder will be hcridan #2014 and will ser\'e the south end of the facility. New 336 acsr electrical conductor will be installed and metering will be rdocated outside of the fence. The co t for tlus se rnce 1s S26 ,5 42 .00 of which $2 ,204 is su bjec t to refund. Please renew the leiter from Jerry Gu tafson, sign the letter, Electric Cont10geocy List, Elecmc Dismbution Facwoes Ex ten ion Agreement, drawing and issue II PO so we may proceed ,nth dus poroon of the pro1ect . ' • • • Alternate Feeder Electric installations -Alternate Feeder Design #109860 The alternate feeder will be South #1537 and will serve the north end of the facility. The alternate feeder installation cost is $45,995.00 and not subject to refund. Please review the letter from Jerry Gustafson, sign the letter, Electric Contingency List, drawing and issue a PO so we may proceed with this portion of the project. Dual Electric Service Facilities Agreement The 7 page Dual Electric Service Facilities Agreement is also attached. 4,000 kW is reserved under this agreement as indicated in section 4. The one time reserve capacity charge is $40,800. Section 8 includes the Customer Contribution of$86,795.00, which is the addition ot the one time reserve capacity charge of $40,800 and the construction of the alternate feeder (design #109860) $45,995.00. The monthly charge for this service will be $1.419.00 as explained in section 9. ' Interconnection Interconnect Agreement A new interconnect agreement is required if you plan to operate the generation in parallel with PSCo's electric distribution. Please complete the interconnection application. An interconnection agreement and the interconnection guidelines have been included for your review. In tot:21, we need a PO in the amount of$113,337.00, a signed Dual Electric Service Facilities Agreement, and the paperwork signed for feeder designs #109860 and #109944. Please call me at if you have any questions. Sincerely, Doug Ryan Key Account Manager 303-294-2166 - Doc . No. ____ _ EXCESS FACILITIES AGREEMENT This Dual Electric Service Facilities (Customer Owned ATO/MTO) With Reserved Electrical Capacity Agreement ("Agreement"), made and entered into this J" day of January, 2006 by and between PUBLIC SERVICE COMPANY OF COLORADO, a Colorado Corporation, hereinafter referred to as "Company" and the City of Englewood, whose service address is 2900 S Platte River Dr, Englewood, CO 80110 and mailing address is 2900 S Platte River Dr, Englewood, Co 801 JO, hereinafter referred to as "Customer," WITNESSETH: WHEREAS, Company is presently furnishing electric service to Customer under the terms, I conditions, rules and regulations of Company's Electric tariff as on file and in effect from time to time with regulating authority, and WHEREAS, Customer has requested Company to construct and provide electric service facilities from two sources of electric supply which facilities shall hereinafter be called "Dual Service Facilities," and WHEREAS, Customer will own Automatic Throwover (ATO) Switching Facilities for the purpose of automatic load transfer, so that in the event ofloss of delivery of electric power and energy from one of the sources of electric supply, electric service will continue and be supplied in total from the other source upon successful completion of the ATO switching operation, and WHEREAS, Customer desires to reserve for its use, a certain portion of electrical capacity from the alternate source of electric supply, and WHEREAS, to construct the Dual Service Facilities requested by Customer at Customer's location and to reserve for Customer said electrical capacity necessitates an investment of capital for the direct benefit pf Customer, and WHEREAS, Customer is willing to compensate Company by contributing the capital cost for the Dual Service Facilities, and contributing the estimate of the cost to reserve the electrical capacity of the alternate source of electric supply desired by Customer, and Customer is also willing to pay a monthly surcharge to offset Company's ongoing ownership costs, including operating and maintenance costs, of said Dual Service Facilities and facilities necessary to reserve said electrical capacity, and WHEREAS . Company and Customer desire to enter into this Agreement as hereinafter set forth . t • • O W T HEREFORE , in con si d eration of the mutual covenants and promi ses of the parties hereto, it is agreed as fi llo w s : l . Purpose of this Agreem ent. This Agreement is supplemental to the standard contract for e lectric service between Company and Customer for electric service, and is for the express purpose of sett ing forth Company's and Customer's requirements and promises concerning only the Dual Service F acilities, the related delivery of electric supply and the reserving of electrical capacity of the alternate source of electric supply for Customer. This agreement cancels and supersedes the existing Excess Facilities with Reserved Electric Capacity Agreement dated December 27, 1991 between C ompany and Customer (document # 177050). 2 . Dual Service Facilities. The Dual Service Facilities, together with Customer owned facilities, are shown on Exhibit A attached hereto and made part thereof. Customer hereby agrees that the Dual Service Facilities shown on said Exhibit A are adequate for the satisfactory operation of Customer's equi p ment. The Dual Service Facilities and ATO Switching Facilities shown on Exhibit A provide automatic load transfer to the remaining electric source when the electric source voltage on one source is lost for any reason . It is hereby recognized by Customer that the Dual Service Facilities will not guarantee non-interruptible service. Customer further recognizes that no1mal operation of Dual Service Facilities will cause momentary voltage variations of electric energy during load transfer. Customer agrees that Company shall not be liable for any losses sustained by Customer due to any malfunction o f the Dual Service Facilities. 3 . Specifications . All e lectric energy and electric service to be delivered by Company to C us to mer b y m eans o f the Dual S ervice Facilities. during outages on one of the sources of electric s uppl y shall be in th e sam e fo rm , (three phase a lternat ing current at a frequency of approximate ly 60 hertz and a nominal voltage of 13 .2 kV volts as required b y C ustomer. 4 . Facilities Provided by Company. Company will design, install, own, operate and maintai n the Dual Service Facilities including all apparatus necessary to deliver and measure electric ener gy and e lectric service supplied through s uch Dual Service Facilities. Company agrees'to install th e Dual Service Facilities wit h reasonab le promptness, su bject to the avai lab ilit y of labor and mat erial and prior c ommitments to other customers. Such Dual Service Facil it ies sh all b e designed to acc ommodate a future demand not to exceed 4000 kW . Company agrees to reserve for Custom er said fut ure kW demand of e lec tnc al capaci ty in the alternat e source of electric supp ly , subject to Section IO heremaficr. Electrical cap a ity hall be re served b y C o mpany assuming a power facto r of not Jess han 90 pe rcen t lagging t Comp an .' m tenng pomt. 2 t : .. .. ( • • (J () 5. Facilities Pro vided b y Customer. Customer owned facilities generally consist of all relays , swi tches, cabinets, bus-duct and associated wiring facilities necessary to connect Company's Dual Service Facilities to Customer's associated relaying and distribution equipment. Customer agrees to c omply w ith the requirements for Customer owned facilities set forth in Exhibit B attached hereto and made a part h ereof. 6 . Right to Locate Facilities. Customer hereby grants to Company a non-revocable easement to use premises of Customer at locations satisfactory to Company and Customer for the purpose of installing, maintaining and operating the Dual Service Facilities and for related purposes, and agrees to confirm the required easement by separate instrument without cost to Company if so requested by Company. 7. Maintenance and Operation of Facilities. Company will perform maintenance inspections on all Dual Service Facilities owned by the Company. All testing and maintenance inspections will be performed during Company's normal working hours. If Customer requests that special arrangements be made for testing and maintenance to be performed outside of Company's normal working hours, Customer will be required to pay the difference between regular and overtime pay. Company agrees to provide Customer access oftest results. Any required replacement parts and related labor will be paicl for and furnished by the Company if such required replacement parts arc necessary due to normal wear. Customer agrees to pay Company the costs incurred by Company for replacement parts and related labor necessitated by any incident resulting from Customer's negligcpcc. Any Company caused incident requiring replacement parts and related labor will be paid for and furnished by Company at no additional cost to Customer. Customer will not operate, adjust or otherwise trespass upon th e Dual Serv ice Faci liti es, but wi ll notify Company of any needed maintenance or adjustments if and as soo n as same is discovered by C ustomer . Company reserves the right to change the preferred and/or the alte rnate fee der to ATO's/MTO's due to system requirem ents . Customer is responsible for the design an d op erating pro cedures that wi ll ensure th at th e Com pany sources are not paralleled thro ugh Customer owned equipment unless allowed by Company policy. Company reserves the right to remove preferred or alternate source from serv ice for emergency si tuations at any time. Co mpan y reserYes the right 10 de-energize the preferred or alternate source for maintenance, planned re pairs. or fo r n , construction . 3 ' .•' • • 8. Customer's Contribution. In consideration of the investment to be made for the Dual Service Facilities by Company for the direct benefit of Customer and the reserving of the electrical capacity in the dual source of electric supply, Customer agrees to pay Company at the time of execution of this Agreement Eighty six thousand seven hundred ninety five dollars ($86,795.00). 9. Customer's Monthly Surcharge. Effective with completion of the Dual Service Facilities and related equipment to provide dual service, and continuing thereafter, Customer shall pay Company a monthly surcharge to offset the ongoing ownership costs to Company of the Dual Service Facilities and the facilities necessary to reserve said electrical capacity in the dual source of electric supply. Such surcharge shall be subject to change upon 30 days notice to Customer by Company to reflect changes in maintenance cost or other ongoing ownership charges. The monthly surcharge initially applicable hereunder is $1,419.00 dollars. The Customer's Monthly Surcharge will be included on Customer's monthly statement for electric energy and electric service. 10. Additional Dual Service Facilities. If Customer's electrical requirements increase beyond the reserved kW stated in Section 4 above, necessitating additional reserved capacity, additional Dual Service Facilities or replacement of Dual Service Facilities covered under this Agreement, and if Company accommodates Customer's request for additional capacity, Customer will be required to pay Company for the added investment in the Dual Service Facilities, for the cost of the additional reserved capacity and a monthly surcharge to offset the ongoing ownership costs to Company of the total investment in the Dual Service Facilities and the facilities necessary to reserve the total electrical capacity in the second source of electric supply under a new agreement to be executed by the parties. This Agreement will terminate with the effective date of the new Agreement. Alternatively, Customer may terminate the Agreement as provided hereafter. 11. Liability. Company shall not be liable for failure or fault in delivery or total or partial interruption of service through the Dual Service Facilities caused by accidents, labor troubles, the forces of nature, the authority and order of go vernment and other causes or contingencies of whatever nature beyond the reasonable control of Company or which reasonably could not have been anticipated and avoided. 12 . Tenn-Effective Date . This Agreement shall be in force and effect from the date hereof and sha ll remain in force so long as such Dual Service Facilities remain in place to serve Customer, s ubject to t he righ t of term ination in Section 13 . ) J • t , .. •, • • 13 . Termination. Customer or Company may terminate this Agreement on 30 days written notice to the other Party, provided, however, that such termination shall not relieve Customer of the obligation to pay Company any amounts owed to Company under the terms of this Agreement. 14. Assignment-Consent. This Agreement shall not be assignable by either Party without written consent of the other Party, which consent shall not unreasonably be withheld or delayed. Company may, however, assign this Agreement in the event of merger. 15 . Jurisdiction. This Agreement is subject to Company's Rules and Regulations for Electric Service as on file and in effect from time to time with regulating authority. IN WITNESS WHEREOF·, the parties hereto have subscribed their names the day and year first above written. City of Englewood Public Service Company ofCoJorado By: ___________ _ By: t1?to:n'2= Title: _____________ _ T.1 P.EA1HERS. TOCICER,XCfl.ENEIGYStP.VJCES I~, 1 r11MRH8RllBh\6ENr . Date: _____________ _ Dme:_~~~~~~~~~~~~- ATTEST: _________ _ Title: s . . . . • . . . . • " . .. . • • ::: ·r . .. ::: . .. . .. ! •• • • )( '! 'i I'• . .. ... .. " ! •.' ... , ,} ·. LJ ... ...... .. .. \ j ,·t, L---,,,--,---.:;:.:;;·;r,,---"Jr::-~""-~ ·.,.. Mdaelll 11.a .-1 ,.,,,. _,,..... ~--~. ,n ,., .... I' f 1! ' .. .. .. .. 0 :j;i ~ 0 .. g N ...... "' 0 ...... ~ • • (J EXHIBIT B Du al Electric Service Facilities With Reserved Electrical Capacity 1. Detailed one-lines must be submitted , along with appropriate A.C . and D.C. schematics of proposed equipment and connections to secondary load . Company will review proposed equipment design. lfthe proposed equipment design is rejected , design changes must be made and then resubmitted . Company will approve only those portions of the design specifications which apply to protection of Company's electric system . Company may choose to comment on other areas which may appear to be incorrect or deficient, but will not assume any responsibility for the completeness, adequacy, or accuracy of such comments. 2. The split bus tie and incoming breaker's manual and automatic modes must be fully interlocked using a Kirk key system in manual, and/or an electrical interlocking system in such a way that at no time will the two separate feeders be tied together. The secondary load system interlocking must prevent one feeder from feeding back into the system via the other feeder through the Customer's secondary load. 3 . Appropriate relaying will be required to assure requirement 2 is met. 4. Customer owned generators must be fully interlocked using a Kirk key or Company approved equivalent system in manual , and/or an electrical interlocking system in such a way that at no time will the generator be tied to the incoming feeder unless special relaying is added lo allow it. Refer to Company's "Safety, Interference, lnterconnection and Guidelines for Cogenerators, Small Power Producers and Customer-Owned Generators" document for requirements . 5 . Prior to start-up, relay and meter A.C . one-lines, a list of the relay model numbers, ranges, and proposed settings must be supplied to and approved by Company. The A.C . one-lines must in clude C .T. and V .T . ratios , and any other pertinent inform ation . The setti ngs on the incoming, tie, and generator breakers must be mu tua ll y agreeable. 6. Company wis hes to wi tness th e demonstration of the inte rl ocks on the load bu sses. At least one week of notice must be give n so Comp any can arran ge to be p resent at a mut ual ly agreeable lime. 7. Prior to start-up, Customer must co mm it to es tablish peri odi c re lay test ing and breaker main tenance for the incoming, tie, and generator breakers, and this must be file d in wri ting wi th a Company Systems Operati ng Rep res entat iv e . This interval must be three years or less. Interlock and trip checks should be performed yearly . Breake r maintenance required by the manufacturer that is needed on a yearly basis must also be performed. Customer must agree to use mutually acceptable killed personnel for this purpo e and provide thi information to Company pnor to testing . The testing and maintenance personnel must be on par with the services provided by G neral Electric, \ estinghou e, or a mutu:illy agreed upon equivalent . ' .. .. • • Company reserves the right to witness future tests and/or call for special proof testing if Company suspects the incoming tie and/or generator relaying or the interlocks are not operating properly. All maintenance will be carried out only after Company has been notified with at least one(!) week notice, and given the option to be present with one (1) week notice. Certified copies of the relay calibration tests are to be provided to Company at each maintenance period. 8 . Any modification to approved interlocking arrangement must be reviewed by Company. Certain modifications may be allowed with additional relaying. 9. Access to Customer's equipment related to primary incoming feeders, control, and switching bays will be locked in a manner accessible to both Customer and Company. 10. Customer may not switch the preferred and alternate feeders, as shown on Exhibit A, without prior approval from Company. 11. The protective relaying devices must meet the standards of utility class equipment. The incoming and tie breakers must be capable of interrupting the available fault current. 12 . The ATO equipment must be metal-clad switchgear or equivalent. 13. Customer shall balance load evenly across multiple feeders. For example, on a 15KV, 14MW feeder if the customer's load exceeds 4.5MW (5.0 MV A. assumes 0.9 power factor) all the load that exceeds 5.0 MV A must be served in a split-bus type ATO arrangement (i.e. 5 .0 I MV A on one bus and the excess load on a second bus). lfthe customers load exceeds 10.0 MV A the ATO must be the split-bus type and the customer's load must be divided between the incoming feeders in such a way that the demand of the feeder with the highest demand minus the demand of the feed with the lowest demand divided by the quantity of the Customer's total demand divided by the number of incoming feeders is less than or equal to 0.20 (see below equation for clarity). Demand ( feeder w/highest demand) -Demand {feeder w/lowest demand) ::: 0 .20 Customer's total demand/Number of incoming feeders 14 . Written approval to begin multi-feeder ATO service must be received from Company before more than one incoming breaker is placed in service. 2 ' .. • • Littleton/ Englewood Waste Water Treatment Plant 2900 S . Platte River Dr. Englewood, CO 80110 Attn : Mark Van Nostrand 10001 West Hampden Avenue Lakewood . Colorado 80227 January 12, 2005 Re. Primary Meter & Electric Service to the~ end of 2900 Platte River Drive, Design #109944 Dear Mark , In response to your request for Electric service to the above project, we are submitting the enclosed design for your approval. Please review this design for conflicts with your existing and future facilities . This design is based on upon providing a 13 ,200 Volt, Four Wire, Three Phase Primary electric OH service as shown on the enclosed drawings. Based on this design your cost is $26 ,542 .00 payable in advance, of this cost $2,204.00 is subject to possible refund and $24 ,338 .00 is a non-refundable cost. These costs are contingent on the following : All work being performed during our normal work hours. Obtaining "Rights of Way", at no cost and permits as needed . Customer to provide Surveying and Staking as needed for easements and installation. Customer to locate & mark all their facilities and provide a sketch of their facilities to our crew. There is a cost for all Xcel Energy equipment openings . This cost is valid until March 11 , 2005. All underground facilities and final grades to be completed prior installation of our services . Final finished grade to be provided for all Xcel Energy equipment. Signing an Electric Extension Agreement (will be mailed to you separately) Additional payments greater than this estimate may be required if customer delays, obstructions, difficulty in digging, design changes in the field and other unforeseen installation conditions are encountered which are not part of the original job estimate. Jobs will be reviewed at completion of electric or gas facility installations to determine if additional payments are required . If you approve of th is design , please sign below as well as a copy of the enclosed drawing and return them to me with your payment of $26 ,542 .00 . Upon receipt of your approval, I can release this project to construction . Our normal lead-time from receipt of the s igned contracts to the start of construction is normally about Twelve weeks. P lease contact me if you have any questions. Signed , Q_,,{'f4 ,,--_ /.~ 4 , '"J--f,'~ ,f, H "'- Jerry T . Gustafson PE O&M Engineering SWMR We have reviewed and approve of the enclosed design. S ignature· _____________ Date . P ri nt Name _____________ Company.------ .. t • • 0 ELECTRIC DISTRIBUTION FACILITIES EXTENSION AGREEMENT EXT. NO. #109944 THIS AGREEMENT, made this 13'" day of January , 2005 , by and between PUBLIC SERVICE COMPANY OF COLORADO, a Colorado corporation, d/b/a XCEL ENERGY, hereinafter referred to as "Company" and City of E nglewood, a Municipality hereinafter referred to as "Applicant", WITNESSETH: WHEREAS, Company is a public utility supplying electric energy and electric serYice to nrious areas in the State of Colorado, and WHEREAS, Applicant has requested Company to construct and install the necessary electric dis tribution facilities to pro,·ide Permanent service to serYe 2900 Platte River Drive in the City of Englewood and the St.-ue of Colorado. · WHEREAS, Company's Scn·ice Connection and Distribution Line Extension Policy requires a Construction Payment fo r the installation of said facilities. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, it is mutually agreed as follows: 1) Company agrees to construct with rea sonable promptness, the distribution facilities fo r which the Applicant has made the Construction Payment, (excluding sen ·ice laterals), and to notify Applicant when construction is completed and s ervice is available (the Extension Completion Date). 2) Applicant agrees, upon execution of this Agreement, to pay to Company the Construction Payment in the amount of Two Thousand Two Hundred Four &00 ($2,204.00). 3) (a) Said Construction ?ayment may be refundable to Applicant in part or in its entirety during a ten (10) year period commencing with the Extension Completion Date. Any possible refunds will be made in accordance with the terms and conditions of the Company's Sen•ice Connection and Distribution Line Extension Policy. This policy i& on file with the Public Utilities Commission of the State of Colorado and is available for inspection. In no event will an)' refund exceed the Construction Payment nor will any refund be made after ten (10) years from i.;,c ::.,,.,,,,ion Completion Date, as determined from the Company's records. (b) In the alternative, the Applicant can directly pass through to purchasers of Applicant's property covered by this extension any costs associated with the extension. (c) A_eplicant elects between 3 (a) and 3 (b) above as follows: LJ __ l) Company sha ll collect participation charges caused by connections to tl1e extension covered by this Agreement and refund those amounts to Applicant pursuant to 3 (a) herein. 0 ___ 2) Company shall not collect participation charges caused by connections to the e,ccension covered oy this .\greement. Applicant hereby represents that costs associated with this extension shall be collected directly by Applicant pursuant to 3 (b) abo,-e. 4) Nothing in this Agreement shall be construed co "-"lli,•e the eight of refund, if any, which may accrue as a result of excess construction allowance ass ociated ,.,;th distribution and /or sen·ice lateral installations pursuant: to the Ru!..,. and Regulations currently on file w1tl1 the Public Utilities Commission of the State of Colorado. 5) Applicant agrees co execute the Company's standard right -of-way agreements granting free of charge to Company, s uch rights-of-way from other parties as may be required, and recognizes tl1is Agreement is contingent: upon Company obtaining any ocher rights-of-way from other paraes 1f required. 6) In the event Applicant should require additional electnc distribution facilities other than those for which the Con struction Payment has been made hereunder, such facilities shall be pro"ided by separate agreements. IT IS MUTUALLY AGREED that the application and interpretation of this .\greement, including tl1e definitions o i terms used herem, sh all be in acco rdance \\ith Company's E lectric Scn•ice Rules and Regulations , including Company's Sen·1ce Connection and D m nbut:io n l...me Extension Policy, o n file and m effect from wne to time with the Public Utiliaes Comrruss io n o f the State of Colorado and that srud Rul es and Regul ati on s con snrute a part o f this .\greement and are binding o n th e parties hereto. IN WITNESS WHEREOF, the parues hereto ba,·e exe cu ted chi s .\greemenc the day and year first abo\"c wrinen. Pubhc ~f\"ICl" Cu mr.un or ( :olur.>.Jo 'R# 321759 D IG : "109').U :S:.\~I E/MR~I BY : '\\IE,"I ITII • IRlrT nrY ,Tur /II• APPLICANT: WORK OllDEII: ' • • (J fl Xcel Energy-. ELECTRIC CONTINGENCY LIST CUSTOMER; Littleton/Englewood Waste Water Treatment Plant ADDRESS: 2900 Platte River Drive CITY: Englewood , CO Design : 109944 ( South Primary Meter) SIGNATURE DATE _________ _ Xcel Energy has completed the engineering design and cost estimate for your electric distribution request Xcel Energy will install the facilities, as shown on the attached engineering sketch, when ill contractual obligations and customer supplied conditions arc met The specified conditions listed below w,ere used to dctcnnine the most effective design to meet your request. If, for any reason, this docs not meet your request as int£ndcd, please review with Xcel Energy Engin~ering personnel Engineering will discuss any possible revision and will e,q,cditc any necessary revised costs in order to meet your schedule as planned. (Please be aware that additional csrumres may be subject to re-engineering charges.) Xcel Energy looks forward to completing the installation of these facilities for you and providing for any furure energy needs you may have. GENERAL: • All necessary casements and rights-of-way must be provided to Xcel Energy at least 10 days pJi!ll to the start of construction. • The design and estimate arc contingent upon Xcel Energy acquiring the following pcrmits and/ or appronls: 181 City Permit 0 County Permit 0 State Highway crossing pcrmit 0 luilroad Crossing permit 0 Bureau of Land l\,fanagcmcnt {BL"\() approval 0 Gnding -and dninagc permit 0 Water Board crossing D Special permit 0 Corps of Engineer's permit • When construction consists of five or less sites, all sites must be ready. On larger projects, appro ximately ~0% of the sit es must be ready. • Necessary curve points and property pins must be staked and visible. • Water line, sewer lines septic systems, leach fields or any other underground obstruction must be staked, llagged and installed prior to Xcel Energy electric construction. • .-\II street / casements / scrv,ce lateral routes arc to be within plus or minus 6 inches of final grade except for transformer, s'1.itch cabinet locations, pedestal and other surface mounted equipment, which must be exact final grade . • Landscaping ond pouring/paving of dri,,eways must be debyed until after installation of facilities (services excepted). • Where slopes exist that prohibit trenching, the customer must provide rcmporary grade for trenching equipment. • The construcnon route must be clear of all obstructions. • Construction material must be cleared &om route. • Temporary trailers, bwldings or other obstacles must be move d. • Xcel Energy will not be responsible for the repair or replacement coS!s resulting from damages to items which arc not morkcd pnor 10 bcginrung tlus 10Stallanon. • Customer will be rcsponS1blc for replacement of c.-usung sod, shrubs, trees, etc. and repairing existing paving. at no cost to Xcel Energy • The customer mus, msure that all Xcel Energy facilincs remain acccsS1blc at all nmcs for rounnc maintenance purposes. • .-IJI roof d.r.uns arc 10 be directed aw•y from Xcel Energy cqwpmcnt in a mUUltr to prevent damag~ and/or settling of faal.t ucs Page I t • • • The area o n th e door side of tran sformers and/ or switch cabinets is to remain clear of obstruc tions for ~ minimwn di stance at all times for maintenance purposes. • If transformers / switch cabinets need bun,,;er protection, the customer is responsible for the installation and cost of installing the protectioa . Contact design engineer for bumper protection clearance requirements. • The developer/Owner shall be responsible for disposal, in accordance with federal and state law(s) and local ordinances, of any soil and debris excavated frpm the property that is cont2minated with hazardous substances, wastes, pctrolcwn, etc. • If you prefer to avoid frost charges by waiting till frost depth is less than six inches, you must notify Xcel Energy at the time of your application for service installation. Otherwise, please complete and return the Frost Conditions Agreement. METER AND SERVICE INFORMATION • The permanent address must be attached to the building before the permanent meter will be set. • Multiple unit structures must have each meter housing permanently identified before the meter will be set. • Xcel Energy will install all residential clectric underground services. • All commercial dcl;uii; underground services, complete to ttansformer, pedestal or terminal pole shall be installed, owned and maintained by the customer. • Adequate conduit under concrete, decks or other obstructions shall be the responsibility of the customer. • Overhead to underground conversion of meters and risen, including all wiring and building repairs, shall be the responsibility of the customer. Pap2 • rOAli (Jl 3z2-2,-02as fi\~1 ·;{it:f.t~~. ~ --: , L~--------~--------~-~~-~--l -·-·-·-•1r· I I ~· ~1M' : : '\ --------, ---:-I ·--------~·---·-;...-..~. : o------------0 0 e e -1- lnslall 269 ' -ll6ACRS lC Primary OH 15KV Conducta, 2 -45 '/2 Wood Pole 1 -Primary Mo ler , Pole mounted 3 -200A Cutou'1 W/ 200A K ruses 1 -6"U-gu ard -2 - R1n,ov 1 269 ' -ll6ACRS lC Conductor 15KV OH 3 -200A Cutouts 2 -ATO, OH on po lo 0 \, ... .. , ..,. 70.I ... n, ... W OARTWO UTH AVE ... ... PUBLIC SERV IC E COMPANY or co. (._ Littleton/ Englewood Waste Water Treatment Plant 2900 S . Platte River Dr. Englewood , CO 80110 Attn: Mark Van Nostrand 10001 West Hampden Avenue La kewood, Co lorado 80227 January 12 , 2005 Re. Primary Meter & Electric Service to the~ end of 2900 Platte River Drive, Design #109860. Dear Mark, In response to your request for Electric service to the above project, we are submitting the enclosed design for your approval. Please review this design for conflicts with your existing and future facilities. This design is based on upon providing a 13,200 Volt, Four Wire, Three Phase Primary electric OH service as shown on the enclosed drawings. Based on this design your cost is $45 ,9S5 .00.00 payable in advance and is non-refundable. These costs are contingent on the following: All work being performed during our normal work hours. Obtaining "Rights of Way", at no cost and permits as needed . Customer to provide Surveying and Staking as needed for easements and installation. Customer to locate & mark all their facilities and provide a sketch of their facilities to our crew . There is a cost for all Xcel Energy equipment openings . This cost is valid until March 11, 2005 . All underground facilities and final grades to be completed prior installation of our services . Final finished grade to be provided for all Xcel Energy equipment Signing an Electric Extension Agreement (will be mailed to you separately) Additional payments greater than this estimate may be required if customer delays, obstructions, difficulty in digging, design changes in the field and other unforeseen installation conditions are encountered which are not part of the original job estimate. Jobs will be reviewed at completion of electric or gas facility installations to determine if additional payments are required . If you approve of th is design, please sign below as well as a copy of the enclosed drawing and return them to me with your payment of $45 ,995 .00. Upon receipt of your approval. I can release this project to construction. Our normal lead-time from receipt of the signed contracts to the start of construction is normally about Twelve weeks . Please contact me if you have any questions. Signed , 'M (j} () -,-/1 I 1 v,t,1;-~ /<::.,1.,i,""-'ft'r '1 t.f r-1 (9 (.) J ti. t ~ .. ,.,._ Jerry T .(/3ust£fson PE O&M Engineering SWMR We h ave rev iewed an d approve of the enclosed design . Sign ature : _____________ Date : Pnnt Name. _____________ Company:------ .. • • (t Xcel Energyw ELECTRIC CONTINGENCY LIST CUSTOMER.; ADDRESS: CITY: Design: Littleton/Englewood Waste Water Treatment Plant 2900 Platte River Drive Englewood , CO #109860 (North Primary Meter) SIGNATURE ______________ _ Xcel Energy has completed the engineering design and cost estimate for your electric distribution request. Xcel En<"rgy will install the facilities, as shown on the attached engineering sketch, when all contractual obligations and customer supplied conditions arc met. The specified conditions listed below were used to determine the most effective design to meet your request. If, for any reason, this does not meet your request as intended, please review with Xcel Energy Engineering personnel. Engineering will discuss any possible revision and will expedite any necessary revised costs in order to meet your schedule as planned. (Please be awatt that additional estimates may be subject to re-engineering charges.) Xcel Energy looks fotw'Jrd to completing the installation of these facilities for you and providing for any future energy needs you may have. GENERAL: • All necessary casements and rights-of-way must be provided to Xcel Energy at least 10 days p.ciw; to the start of construction. • The design and estimate arc contingent upon Xcel Energy acquiring the following permits and/or approvals: [8;J City Permit 0 County Permit 0 State Highway crossing permit 0 Railroad Crossing permit 0 Bureau of Land Management (BLM) approval 0 Grading and dniruige permit 0 Water Boan! crossing D Special permit 0 Corps of Engineer's permit • When construction consists of five or less sites, all sites must be rc•dy. On larger projects, approximately 50% of the sites must be ready. • Necessary curve points and property pins must be staked and visible. • Water line, sewer lines se ptic systems, lc•ch fields or ony other underground obstruction must be staked, flagged and installed prior to Xcel Energy electric construction. • All street / casements / service lateral routes arc to be within plus or minus 6 inches of final grade c.~cept for transformer, switch cabinet locations, pedestal and other surface mounted equipment, which must be exact final gndc. • Landscaping and pouring/ paving of driveways must be delayed unnl after insrallation of facilities (services excepted). • Where slopes c.-cist that prohibit trenching, the customer must provide temporary grade for trenching equipment. • The construcuon route must be clear of all obstructions. • Construcuon mateml must be cleared from route . • Temporary trailers, bwldings or other obst11.clcs must be moved . • ,Xc el Energy will no t be responsible for the rcpau or replacement costs rcsulung from damages to items wluch arc not marked pcor 10 beguuung thu UlStallauon. • Customer wtll be rcs ponSJble for replacement of c.'<!sung sod, shrubs, trees, etc. and ttpamng C.'<lst1ng pavu,g. at oo cost to Xce l Energy • The cus omer mus t uuurc tha t .ill Xcel Energy fa cihne s remain acccu,ble at all umes for rouune maintenance purposes • .\U roo f drains ire to be ccted ~"-.! from Xc el E neIID' cqwpment ma manner to prevent damage and /or settling o f faCJliues P e I t • • • The area on the door side of transformers and/or switch cabinets is to remain clear of obstructions for~ minimwn distance at all times for maintenance purposes. • If trnnsformers / switch cabinets need bwnper protection, the customer is responsible for the installation and cost of installing the protection. Contact design engineer for bwnper protection clearance requirements. • The developer/Owner shall be responsible for disposal, in accordance with federal and state law(s) and local ordinances, of any soil and debris excavated from the property that is contaminated with hazardous substances, wastes, petroleum, etc. • If you prefer to avoid frost charges by waiting till frost depth is less than six inches, you must notify Xcel Energy at the time of your application for service installation. Otherwise, please complete and return the Frosr Conditions Agreement. METER AND SERVICE INFORMATION • The permanent address must be attached to the building before the permanent meter will be set. • Multiple urut structures must have each meter housing permanently identified before the meter will be set. • Xcel Energy will install all residential electric tmderground service•. • All commercial ~ underground services, complete to transformer, pedestal or terminal pole shall be installed, owned and maintained by the customer. 1 • Adequate conduit under concrete, decks or other obstructions shall be the responsibility of the customer. • Overhead to underground conversion of meters and risers, including all wiring and building re~. shall be the responsibility of the customer. Page 2 roRW (J) l22-24-028S ' 1 ~ . ., • .?: "" ~ 0 0 . ,, ... a: -... : Nott: Cu1fomer no t to ust ruses over 1 SOA 10 that th • I Cuslom u •s fusu coordinate with Public Strw lce's fu ses. I _,_ 11.2,r ~w..c.w ACm ,-ic c....cw 1!(V r.. !JI J"•l/001"-0H ......... 11 ~ : C:.'U:~'i,• flt ~ tM'I ON , .... , .. ,.,11 ,---~»h 1•200o'ClolfN •/?~'11Mt J. ICA , ...... •/•SA''*" -•--J.l'M • I/I 6CltS '-C,-,.;ct., IW. 04 1,2u·-,•41Cfll-c....w .... w-2 """" • .. " .. •-IK,I(' ...... J-?* c...-... , ..... ,.. z ........... ,.,. 1 .. ,._, -.,, er ... r-, . . • ,.!--. . . ,, . ·;tn;, • .,·· ... J . 1...... . " e 0 ' . CON'S I KUC I ION 'SKll CH 1 /" X 11" \, ((_ COUNCIL COMMUNICATION Date: Agenda Item: Subject: April 4, 2005 9 C ii Police Vehicle Equipment Initiated By: Staff Source: Safety Services, Police Division Division Chief Tom Vandermee COUNCIL GOAL ANO PREVIOUS COUNCIL ACTION City Council approved the purchase of replacement police vehicles February 7, 2005. RECOMMENDED ACTION The Pol ice Operations D ivis ion is requesting that Coun ci l approve, by motion, the awarding of a bid to Av-Tech Electronics, Inc. of Golden, Colorado, for the purchase and installation of the equipment required for the police vehicles. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Police Operations Division of the Department of Safety Services and the Public Works Department are working together to facilitate the replacement of the fleet of marked patrol cars . The purchase of the po li c e vehicles was approv ed by Council in February, 2005. On M arc h 2, 2005, the City published an invitation to bid for supplying and installing the equi pm ent requ ired fo r the poli ce cars includingemergency lights, sirens, computer consoles, and protec tive cage s. Av-Tech Elec tr onics was the lowest bidder to meet all of the specifications included in the invitation to bid. FINANCIAL IMPACT The total cost for the purchase and ins tall ation of this eq uipm ent as b id by Av-Tec h is $71,344.24. All of these costs are budgeted ior wi th in the Ca pital Equipment Replacement Fund . LIST OF ATTACHMENTS City o r Engle, ood Purchasing Division, Invitation to Bid Request o. ITB-05-113 da ted March :?, 2005. City oi Engle\\ood endor Comparison Sheet Dated March 24, 2005. " t .. • .. • • 0 . . City of Englewood • • • i · .... • .. , . . • . . -.,. .. . .. .. . , ... . .. .. ' ... · ..... ;.:..,_\. . . . ~. 0 CJ · . Invitation to Bid IOS-113: Law Enforcement equipment & Installation Bid Opening: 3124/05 10:00 a.m. DID Vendor Av-Tech EVS Item Price Extended Price Extended Price No. Description ~ ~ fig flm fig ~ 1 Whelen Lighl bars 13 $ 2 ,079.00 $ 27,027.00 $ 2,370.25 $ 30,813.25 $ 2 Push bumper 13 $ 133.00 $ 1,729.00 $ 143.65 $ 1,867.45 $ 3 Partition transfer kits 11 s 71 .20 s 783.20 s 75.65 s 832.15 s 4 Console 13 s 221 .76 s 2,882.88 $ 367 .50 s 4 ,n7.50 s 5 MCSarmresl 13 s 101 .58 s 1,320.54 s 105.00 s 1,365.00 s 6 MCScup2 13 s 40.00 s 520.00 s 38.22 $ 496.86 s 7 ADEC abs Seal 11 s 440.00 s 4,840.00 $ 280.75 s 3.088.25 s 8 Whelen MK47 straps 13 s 20.00 s 260.()\) $ 18 .71 s 243.23 s 9 Oullel acceS501Y box 13 $ 16.00 s 208.00 $ 14.75 s 191 .75 s 10 Break back up kil 13 $ 49.90 s 648.70 $ 65.00 s 845.00 s 11 Dual Vertical -apon sys 11 $ 233.00 s 2,563.00 $ 284.71 s 3 ,131 .81 s 12 V116 rear door panels 11 s 75.00 s 825.00 $ 86.04 s 946.44 $ ~ Power cable 13 $ 50.00 $ 650.00 s 41 .58 s 540.54 s 5 erial cable 13 s 25.60 s 332.80 s 14 .18 s 184.34 s - 1. Wireless antenna 13 $ 8999 s 1,169.87 $ 107.42 $ 1,396.46 s 16 VHF radios 13 $ 125.00 s 1,625.00 s 220.50 $ 2 ,866.50 s 17 Unolol 13 $ 125.00 $ 1,625.00 s 220.50 $ 2 ,866.50 s 18 DNA cpu hfl mounts 13 s 125.00 $ 1,625.00 s 147.00 s 1,911 .00 s 19 Kodiak docks 13 s 125.00 s 1,62500 s 73.50 s 955.50 s 20 Mirror beam strobes 13 $ 125.00 $ 1,625.00 s 294.00 s 3 ,822.00 s 2 1 Siren speakers 13 $ 125.00 s 1,625.00 s 110.25 s 1,433.25 s 22 Strobe supplies (removed) 13 $ 125.00 s 1,625.00 $ 73.50 s 955.50 s 23 Selina partit1011s I 11 $ 125.00 s 1,375.00 s 183.75 s 2 ,021 .25 s 24 Labor total hne 24 11 s 1,036.75 $ 11,404.25 $ 1.33000 s 14,63000 s 25 Lalnr total line 25 2 s 715 .00 s 1,43000 s 1,08500 $ 2 .170.00 $ Total Bid hnes A, B , C . s 71 ,344.24 $ 84.35153 • , . \, ' Lighthouse Wireless Adv. Comm Extended Price Extended f!g ~ fig $ $ 1,790.00 $ 23,270.00 . $ $ 124.00 $ 1,612.00 . s . s 67.00 s 737.00 . $ s 208.00 s 2,704.00 s s 76.00 s 988.00 s s 34.00 s 442.00 s . s 378.00 s 4 ,158.00 s . s s . s s 18.00 s 234 .00 . s s 69.00 s 897.00 $ . s 112.00 $ 1,232.00 s . s 52.00 s 572.00 s s 48.00 s 624.00 s s 19.00 s 247.00 s s 105.00 $ 1,365.00 s $ 300.00 s 3 ,90000 s s . $ . s $ s s s $ s . s s . s s s . s s s s s s $ $ 1,530.00 $ 16,830.00 • . s s 1,53000 s 3 ,060.00 s s 62 ,872 00 C ( I ... AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, APRIL 4, 2005 7:30 P.M. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 1. Call to order. 2. Invocation. 3. Pledge of Allegiance . 4. Roll Call . ' ., I 5. Consideration of Minutes of Previous Session. •j. a. Minutes from the Regular City Council meeting of March 21, 2005. tip r,,o 6. Recognition of Scheduled Public Comment. (Please limit your presentation to ten minutes.) a. Debby Pool, Arapahoe 1-\cres resident, will address City Council regarding the property at 2931 South Franklin . lt;O-l;~ 7. Recognition of Unscheduled Public Comment. (Please limit your presentation to five minutes. Time for unsc heduled public comment may be limited to 4S~nutes and if limited shaH be continued to General D~cuii,.) 6,,.,..7 ;:-11,-.e..,c_ 5t,.1,/, /ct:.; F~rt'tl\A.( .. ke,.r,1u y \1i 1'\0,.S1'/Lt~ l-fh/C-/hJ1flJ-fhf/,c./L l,~J4, ~ 8 . Co,~unica tions, Proclamations, and Appointments. 1,S'-~ t,i,. ,o .. 'lg, ~;,;.~ I \ \of/i.,J E-mjiil frs,m Maria Fraietta announcing her resignation from the Planning a~oning Comm~- V',l 6 1t,,,,,._ rrO· ' ,J ;a ~t-_;;;'•"l'~'t"'"& ApS 15•" Aroo, D,y lo En~,wood ~;:'io~) ,tf",J 9 . Consen t Agenda Items. /J~ .,J /r S J ,! 1"(1. • 1.1 , ' a. Approval of Ordinan ces on First Reading. LO 7 Please note : If you have a disability and need auldiary aids or sevices. piste notify the City ol En!Jlewood (3 03-762-2407) al least 48 hours in advance ol when sevices are needed. ~ t • • Englewood City Council Agenda April 4, 2005 •.•, Page2 b. i. Council Bill No. I!,· Recommendation from the Community Development Department to adopt a bill for an ordinance authorizing the execution of three Intergovernmental Subgrantee Agreements for the 2005 Arapahoe County Community Development Block Grant Program between the Arapahoe Board of County Commissioners and the City of Englewood. STAFF SOURCE: Janet Grimmett, Housing finance Specialist ii. Council Bill No. 9 -Recommendation from the Utilities Department to adopt a Bill for an Ordinance approving a License Agreement and Temporary Construction Easement to install a fence and maintain a portion of the City Ditch at 4901 South Lipan Drive. STAFF SOURCE: Stewart H. Fonda, Director of Utilities Approval of Ordinances on Second Reading. J(") ,,J J,J. i. V'fL-ff" - Council Bill No. 7 approving Southgate Supplement No. 160 to the Connector's Agreement with Southgate Sanitation District. c. Resolutions and Motions. i. Recommendation from the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee to approve, by moliru:i. the agreements with Xcel Energy for construction of upgraded electrical transmission lines and the reserve capacity of 4,000 KW on each electrical feeder for dual electric service to the Littleton/Englewood Wastewater Treatment Plant in the amount of $113,337. STAFF SOURCE: Stewart H. Fonda, Director of Utilities, and Mark Van Nostrand, Senior Project Engineer. ii. Recommendation from the Safety Services Department requesting that City Council approve, by ~he purchase and installation of equipment required for the police vehicles. Stal'frecommends awarding the contract to the low bidder, Av-Tech, Inc. in the amount of $71,344.24. STAFF SOURCE: Tom Vandennee, Division Chief. 10. Public Hearing Items. (No Public Hearing Scheduled .) ,ff 11 . Ordinances, Resolutions and Motions. a. Approval of Ordinances on First Reading. ·:. b' Approval of Ordinances on Second Reading . b' b . C . Resolutions and M o tio ns. ,,I)' 12 . General Discus sion : a . M ayor's Cho ice . b . Co uncil Member's Choice. Plea e note: If you have a disabili ty and need auxillMy aids o, seMC es, plNw notify lhe City of Eflllewood (303-762-2407) at leasl 48 hours in .idv~ of when services .-e needed. ~ Englewood City Council Agenda Apri l 4, 2005 · .• • Pag e 3 13 . City Manager's Report. ~Ne_. 14. City Attorney's Report. ,J~ -rJ -- 15 . Adjournment. The following minutes were transmitted to City Council between March 18 and March 31, 2005 : • Code Enforcement Advisory Committee meeting of February 16, 2005 • LiG:::>r Licensing Authority Telephone Poll of March 2 , 2005 • Planning and Zoning Commission meeting of March 8, 2005 Pl ea e no te: If y ou hav e a disability ~ need ~ aids Off seNices, plHse nolify the City of Englewood {303 -76 2-2407 at lea t 48 hours in adv~e of when seNices ate needed. ~ • • ·• ... • • ... I I I , L:J ..-----~.~--~------------1-. --------. --= ~;L1 -----.... --- l '1 iJ ~-. /~!'° J F, ~ -1-~~,( 1,~.l..1_..,._.1 -==.Jw l >?i -It,.~ 'J -=--=-----p.,i_ Pi.._1r--~ >tw ~t.J -~ __ L.'B _ I~ 'f o ., ,t,r,1 -J vJ 1, 1,() -Jt 19 I<.. ti o\JJ '" ~ o -, ,,, , r =-= l,, P,,;J, .. ' •· • ( l ( 1. 2. 3. 4. Call to order (£ ·,9,1p.m. Invocation------ Pledge of Allegiance---- Roll call ·• • Members: I ablent ---- 5. COIJNCIL . ..._._.._ • \ ----::,... ~ .. ( ! !._ __ J ~ . .