HomeMy WebLinkAbout2004-05-03 (Regular) Meeting Agenda Packet--·
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Regular City Council Meeting
May 3, 2004
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I. CaU to Order
ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
Rqular Session
May 3, 2004
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The regular meeting of the Englewood City Council was called to order by Mayor Garrett at 7 :33 p.m.
2. Invocation
The invocation was given by Council Member Barrentine.
3. Pledge of Allealance
The Pledge of Allegiance was led by Mayor Garrett.
4 . Roll Call
Present:
Absent :
A quorum was present.
Also present:
5. Minutes
Council Members Tomasso, Moore, Barrentine, Garrett, Bradshaw,
Wolosyn, Yurchick
None
City Manager Sears
City Attorney Brotzman
Assistant City Manager Flaherty
City Clerk Ellis
Director Olson, Safety Services
Director Long, Library Services
Housing Finance Specialist Grimmett, Community Development
(a) COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE
THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF APRIL 19, 2004.
Mo tion carried .
Ayes : Council Members Barrentine, Moore, Bradshaw, GB!fCtl, Wolosyn,
Yurchiclc , Tomasso
Nays : None
6 . Scheduled Visitors
There were no schedu led visitors .
7 . Unscheduled Visitors
(a) Dorothy Maninez said my previous address was 3430 West Tufts Avenue in Enalewood . I am
before Council tonight, regretfully, to tender my resignation to the Liquor Authority, because obviously, I have
moved . I have relocated to an area in Golden in Jeff co. I just wanted to let the Council know that I have really
enjoyed my pa st ten and a half years on the Liquor Board. I am goin& to miss my illleraction with the City. the
business owners and the citizens. Technically, I am still a homeowner in Enalewood. My lut date will be the June
2nd meeting. but if the Council needs me to tay o n until you find a suitable replacement, I am min than happy to
do that. Thank you .
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(b) Karen Bracm, 3821 South Cherokee Street, said I probably have just as many questions as I do
comments. On Friday, Marilyn Lamb of Code Enforcement delivered this paper to our front door and wc just
happened to be home . These arc some revisions to the Municipal Code with regard to inoperable motor vehicles,
off-road vehicles and trailers. And after talking to her, apparently, we arc now in violation. Not only for the vehicle
that we bought as a project car for my son, who docs not have a license yet, but it was something to keep him busy
and keep him interested, but, apparently we arc also in violation because of the tag trailers that we have. My
husband owns a business. He has a working trailer. We have a trailer that is kind of just for fun and we have one
that is not currently stored on our property, it is up at Eleven Mile, but occasionally wc bring it down to clean it up
or if wc arc going some place other than Eleven Mile. And if we bring that stuff in, wc would be in violation. In
order to not be in violation, we have to have it fully enclosed ... we have to have these things fully enclosed. I have a
question. We know you can pul up a six foot fence, but you have to get a variance to put up a fence taller than that.
The trailer is taller than that. It goes up to about the level of the garage. So, in order for me or anybody else in the
City that may have these trailers, do we have to go in front of this Council or Code Enforcement and request a
variance? Or docs everybody in Englewood who has a trailer, have to request a variance in order to enclose their
yard and hide their trailer from whoever has decided that trailers arc a nuisance to the public? I mean, my yard is
neat and everything is tagged except for this one car. In order to gel the car tagged, wc have to pay $300.00 a year
to get insurance, because you can't get tags without insurance. So, ifl have to get a car tagged that l don't use, it is
going to cost me $300.00 a year. We have been driving around town and noticing how many people have cars that
arc under tarps, because that was required in the previous code. That was okay before and now it is not okay.
People who have the off-road vehicles, the trailers that arc storing their motorcycles, their ATV's, and their
snowmobiles ... this is going to cost these people a fortune . And, I think this room is going to be considerably fuller
in the future when they start giving out citations two weeks from now, with the people who arc being cited for
having covered vehicles, which was legal and now it is no longer legal. People with trailers have to put up a fence
all the way around their yard. Putting up a fence is expensive. It is going to cost $1,SOO.OO to $4,000.00 depending
on how big your yard is. That is a hell of a burden for some of these people in Englewood. You know a lot of
people live here because it is not Highlands Ranch . We don't want to live with a bunch of people telling us what to
do and how to live and what we arc allowed to have in our yards. I understand keeping things neat and clean. I
have· no problem with that. I understand it is a safety hazard if someone has weeds OI' trash in their yard and l have
no problem with that. But, to tell people they have to spend somewhere between $1,500.00 and $4,000.00 in order
to hide their recreational vehicles, I think that is wrong. I think it is putting a huge burden on the citizens of
Englewood. and I am sure there arc a lot of them that cannot afford that. And. you arc asking them to give up,
basically. their right to pursue happiness and happiness is going out and having a blast in the hills on the weekends.
So, I think, the Council seriously needs to take into consideration what they have just put into place here. Like I
said, I have a feeling you arc going 10 have a hell of a lot more people here in the future complaining about this,
because apparently this went into effect April 15111 • It was delivered to our house on April '30*' and according to
Code Enforcement. they arc going to start handing out citations in two weeks. I can almost guarantee there will be a
lot of people here complaining about these citations and the fact that they have to give up their stuff. Thank you .
Mayor Garrell thanked Ms. Braem.
8. Communkations, Procla-tloos and Appollltnwata
(a) A proclamation honoring Selwyn Hcwill as Englewood's Citizen of the Year for 2004 was
considered.
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE A
PROCLAMATION HONORING SELWYN HEWITI AS ENGLEWOOD'S CITIZEN OF THE YEAR FOR
2004.
Mayor Garrell asked if there were any comments. There were none.
Mayor Garrell said I would like 10 note that we arc having a celebration a week from tonight at 7 o 'clock at the
Malley Center 10 celebrate the Citizen of the Year.
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Ayes : Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn,
Yurchick, Tomasso
Motion carried.
(b)
considered.
Nays: None
A proclamation honoring Brian Vogt for his contributions t<> business and community was
Mayor Garrett said Mr. Vogt has now moved on as Governor Owens has asked him to come and join the State. He
did a lot for the citizens of Englewood and those accomplishments arc listed in the proclamation. He has been a big
contributor to the community in the south metro area.
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE A
PROCLAMATION HONORING BRIAN VOGT FOR HIS CONTRIBUTIONS TO BUSINESS AND
COMMUNITY.
Ayes: Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn.
Yurcbick, Tomasso
Nays: None
Motion carried.
(c) A resolution appointing Douglas Cohn to the Englewood Board of Adjustment and Appeals
was considered.
COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 8
(c) • RFSOLUTION NO. 50, SERI~ OF 2004.
RESOLUTION NO. SO, SERIES OF 2004
A RESOLUTION APPOINTING DOUGLAS COHN TO TIIE BOARD OF ADJUSTMENT AND APPEALS FOR
THE CITY OF ENGLEWOOD. COLORADO.
Votenaalb:
Ayes : Council Mcmben Barrentine. Moore. Bradshaw. Garrett. Wobyn.
Yurcbick. Tomasso
Nays: None
Motion carried .
Mayo r Garrett presented a certificate and City pin to Mr. Cohn. There was applause .
9. Public Hearing
No public bearing was scheduled before Council .
10. Co-nt A~nda
(a) Approval of Ordinances on First Rwing
There were no additional items submitted for approval on first readina . (See Aaenda Item 11 -Rqular "Fnda,)
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT
AGENDA ITEMS 10 (b) (I) and (U) AND 10 (c) (I).
(b) Approval o f Ordinances o n Second Reading
(i) ORDINANCE NO. 25 . SERIES OF 20IM (COUNCIL Bll.L NO. 6. INTRODUCED BY
CO UNC IL MEMBER BRADSHAW)
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AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF
WESTMINSTER, COLORADO AND THE CITY OF ENGLEWOOD, COLORADO FOR AN EXCHANGE OF
THE CITY OF ENGLEWOOD'S ROTOMILLING SERVICES TO THE CITY OF WESTMINSTER IN RETURN
FOR THE SERVICES OF THE CITY OF WESTMINSTER STREET STRIPING MACHINE.
(ii) ORDINANCE NO. 26, SERIES OF 2004 (COUNCIL BILL NO. 22, INTRODUCED
BY COUNCIL MEMBER BRADSHAW)
AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL
AGREEMENT FOR THE COLORADO EMERGENCY MANAGEMENT BETWEEN THE ST ATE OF
COLORADO AND THE CITY OF ENGLEWOOD, COLORADO.
(c) Resolutions and Motions
(i) RESOLUTION NO. 51, SERIES OF 2004
A RESOLUTION AUTHORIZING THE ENGLEWOOD PUBLIC LIBRARY TO IMPLEMENT THE SUMMER
"FOOD FOR ANES" PROGRAM FROM MONDAY, MAY 24 THROUGH SUNDAY. JUNE 6, 2004.
Vote results:
Motion carried .
Ayes: Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn,
Yurchick, Tomasso
Nays: None
11. Replar AlftlCla
(a) Approval of Ordinances on First Reading
(i) Housing Finance Specialist Grimmett presented a recommendation from the Community
Development Department 10 adopt a bill for an ordinance authorizing an l111Crgovcmmcn11I Agreement with
Arapahoe Community College/Arapahoe-Douglas C-and Technical School to build a single family residence 11
2377 West Wesley Avenue. She said this is next year's Student Build Program that should be underway, probably:
in August . This is the continuation of a project that wc have been doing for two conaccutivc years and hopefully
we'll be able 10 continue on for at least a couple more years beyond this one . This will be on a newly created lot
near Zuni and West Wesley Avenue . So. she said, I ask Council's approval of the ordinance so that we may get
under way with next years Build .
Ma yor Garren asked if there were any questions.
Council Member Bradshaw said it is a great program . It really helps kids build a house . They design it. they build
it , they sell it and they gel High School credit for it. h is a phenomenal program and wc arc honored to be involved
with it She said we do have the Open House, for the one we built this year, on Tuesday, May 11• at 4673 South
Grant . from 4 :00 p.m. lo 6 :00 p.m . It is a really nice home with a prage. I just think ii is a wonderful program. h
help the kids be a part of the community.
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM
11 (a) (I) • COUNCIL BILL NO. 23.
fayor Garrett a ked ifthere wa s any discussion . There wa none .
OUNCIL BILL NO . 23. INTRODUCED BY COUNCIL MEMBER BRADSHAW
A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN
ARAPAHOE COMMUNITY COLLEGE/ARAPAHOE-DOUGLAS CAREER AND TECHNICAL SCHOOL
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AND THE CITY OF ENGLEWOOD PERTAINING TO THE BUILDING OF A SINGLE FAMILY RESIDENCE
AT A SITE TO BE DETERMINED.
Vote results:
Motion carried.
Ayes :
Nays:
Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn,
Yurchick, Tomasso
None
(ii) Housing Finance Specialist Grimmett presented a recommendation from the Community
Development Department to adopt a bill for an ordinance authorizing the sale of 4673 South Grant Sueet, 2357
West Wesley Avenue, and 2399 West Wesley Avenue. She said this bill is requesting permission to sell the house
at 4673 South Grant Street, the Student Build that we are just finishing up . Also, we arc having a kind of a house
dedication next Tuesday. We are also requesting, in this bill, that we be allowed to sell the existing two propenies
that arc on our sites at 2357 West Wesley Avenue and 2399 West Wesley Avenue. Those sites will be sold and then
the funds returned back to the Housing Rehabilitation Fund so that we can continue with the Student Build Project .
as well as support the Housing Rehabilitation Program .
Mayor Garrett asked if there were any questions . There were none.
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM
11 (a) (II) • COUNCIL BILL NO. 24.
COUNCIL BILL NO. 24, INTRODUCED BY COUNCIL MEMBER BRADSHAW
A BILL FOR AN ORDINANCE AUTHORIZING THE SALE OF THREE HOUSING REHABILITATION FUND
PROPERTIES, ON THE OPEN MARKET.
Mayor Garrett asked if there were any questions or comments.
Council Member Yurchick said I do have a question. This isn't perfectly clear in this resolution. We arc still
retaining the lots we create behind 2399 West Wesley? Ms. Grimmett said that is correct.
Votr rrsults:·
Motion carried .
Ayes :
Nays:
Council Members Barrentine, Moore , Bradshaw, Garrctt. Wolosyn,
Yurchick, Tomasso
None
(iii) Assi ~tant City Manager Flaherty presented a recommendation from the City Manager's
Office to adopt a bill for an ordinance approving a subordination agreement in favor of the Colorado Historic
Foundation Revolving Loan Fund in order to sccw-e an improvement loan to Colorado Preservation, Inc . for the
Skerriu House. He said the City purchased the Skcrritt House in 1999 with the goal of preserving that· structure and
s ite a a historic site in the City of Englewood . After many trials and tribulations on our part, and good efforts. we
determined that it wa in our best interest to sell that property . In November 2002. Council approved an option to
purchase the Skerritt House with Colorado Preservation. Inc . (CPI ). In April of 2003. CPI exercised that option at
..-h,ch time title was formally transferred. based on the terms of the option agreement, including payment of
60,000.00, as well as a number of restrictions on the property. A buy-back clause was included in the contract,
which indicated that if the property was not restored, and done so in I timely fashion. or if it was not mailllained. the
1ty co uld repurchase the property at the sale price. CPI has i-n successful in sccw-ing a arant for $197,000.00
from the Co lorado lltston al Fund . They also arc in the proce of rcceivina a loan from the Historical Fund
Revo lving Loan Foundauon ror another S 197 .000.00 to complete the stabthzation and rchabiliwion of the property .
Ho we,cr. prior 10 being able to close on that loan. the Foundation, rcquauna security in the form or. basically. the
tt y 1epp1ng bad. from 11 right to repurchase the propeny. so that they ,.ould have prolCCtion for their $197,000.00
loan. In uchangc. ,.hat the Cu has ked for. and it has been ,ranied 1n this apeemcn1. i a lustorical eascmenl
naming t!le Cit o f EngJe,.ood a holdtr or that easement. The h1stoncal -ment I one that would require that
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the property be maintained and the building be maintained with its historic character. Also, that general
maintenance be p,rlormcd on a regular basis and also, as an casement holder, the City would have the right to
inspect the facility on an annual basis . If the facility was not kept in a manner that was acceptable to the City, we
could enforce the easement at that time . The rehabilitation is underway . The Colorado Preservation has a
contractor. They have not exhausted their grant money yet, but they will soon. They found a number of additional
problems with the foundation that they had not anticipated, but in the next several weeks they will be in need of
securing the loan to complete the rehabilitation . That rehabilitation will include stabilization of the foundation,
exterior rehabilitation including new doors and windows, a new roof, interior mechanical systems and a rough
finish. There will also be funds remaining that a third-party buyer, which has yet to be identified, will be able to
utilize: for interior finishes . It is still likely that that third-party buyer will have to spend additional money for
interior finishes, but there will be an allowance that remains available out of that $197,000.00 for the third-party
purchaser to utilize: for the interior finish . The planned completion date ... our contract requires that CPI be done
with the project by no later than December 31, 200S. Currently, their plans arc, with the receipt of the grant and the
loan proceeds, that they would be completed by December of 200S ... with the work they would do and pending
having a third-party buyer on board, to be competed with the entire project by no later than June of 200S . In terms
of painting, which has been a concern of this Council, that will be one of the first items of restoration, after the
exterior stabilization is completed and should be completed by June 15• of this year. He asked if there were any
questions .
Council Member Yurchick said wc arc just giving up our right to repurchase, is that all? Mr. Aaheny said yes, we
arc giving up our right to repurchase . Mr . Yurchick said wc don't have any money on the loan? Mr . Flaherty said
we have no money on the loan .
Council Member Bradshaw asked if we have recouped our costs. Mr. Aahcrty said we have recouped our costs with
the combination of the insurance proceeds from the water damage and the $60,000.00 that -recci'I/Cd in the
purchase .
Mayor Garrett asked if there were any other questions for Mr. Flaherty. 1berc -none.
COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM
11 (a) (W) • COUNCIL BILL NO. 25.
COUNCIL BILL NO . 25, INTRODUCED BY COUNCIL MEMBER WOLOSYN
A BILL FOR AN ORDINANCE AUTHORIZING A SUBORDINATION AGREEMENT BETWEEN
COLORADO HISTORIC FUND REVOLVING LOAN FUND, COLORADO PRESERVATION, INC . AND THE
CITY OF ENGLEWOOD . COLORADO FOR THE REHABll.IT ATION OF THE SKERRITI PROPERTY .
Mayo r Garre tt asked if the re was any d isc uss ion. There was none .
Vote results:
Aye : Council Members Bancntine , Moore.. Bradshaw, Oanctt. Woloayn.
Yurchic k, Tomasso
Nays : None
Motio n carri ed .
(b) Approval of Ordinances o n Second Re.idi n1
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(i ) Counci l Bill No. 18, appro vin1, as amended , an lnlcraovemmental Agreement with the
Regional Transpo rt ation Distric t for landsc aping requirements al RTD Elali Mai'*8111Ce Faci lily wu conaidered .
Mayor Garren sai d one of the recommendat ions is that we table th is council biU 11111il ._ flllln dale ...i briJt1 it
back .
COUNC IL MEMBER \'URCHICK MOVED, AND IT WAS SECONDID. TO TAIIL& AGENDA ITEM II
(b) (I)· COUNCIL BILL NO. II.
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COUNCIL BILL NO . 18 . INTRODUCED BY COUNCIL MEMBER MOORE
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AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT "SUBSTANTIVE TERMS
OF THE ELATI LANDSCAPE AGREEMENT' BETWEEN THE REGIONAL TRANSPORTATION DISTRICT
(RTD) AND THE CITY OF ENGLEWOOD, COLORADO .
Mayor Garrett asked if there was any discussion. There was none .
Vote results:
Ayes:
Nays :
Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn,
Yurchick. Tomasso
None
Motion carried and Council Bill No . 18 was tabled .
(c) Resolutions and Motions
There were no additional resolutions or motions submitted for approval. (Sec Agenda Item 10 -Consent Agenda .)
12 . General Discussion
(a) Mayor's Choice
(i) Mayor Garrett said we have a proclamation declaring the month of May as MS
Awareness Month . As we all know, one of the Rocky Mountain MS facilities located here in Englewood provides a
service for those people who suffer from that disease.
COUNCIL MEMBER YURCHICK MOVED, AND IT WAS SECONDED, TO APPROVE A
PROCLAMATION DECLARING THE MONTH OF MAY AS MS AWARENESS MONTH.
Mayor Garrett asked if there was any discussion . There was none .
Vote lfflllts:
Motion carried .
Ayes:
Nays :
Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn.
Yurchick. Tomasso
None
(ii) Mayor Garrell said I would like to make sure that Council is aware that May 8'". this
Saturday at 10 o'clock. we arc ha vi ng festivities at Pirate's Cove . We have some invitees, approximately 300 or so
of oui closest friends . As I understand the process. it will be fairly informal . They will not really have a big tour,
because we figure it will be like herding cats. There will be mini tours with people stationed to help answer
quc lions ... it will be son of an open house for surrounding communities to come and look at our new water park .
(b) Counc il Member • Choice
(1) Council Member Barrentine :
I. She said I wanted to thank Don Moseley with the House of Hope for giving me a tour on Friday. I'm
an vol vcd with some non -profit organizations and I am very impressed with the service that they offer this
community. not only in the appearance and their cooperation with the community. but their interaction with other
agcncie . That I what make them very effective. as well as the panicipation in the community and donations that
have been made . 1 saw the library that Michael Munds put together . I was very imprcsscd with some of the thin p
that the community is contribuung as well. They ha,-e developed some really aood relationships. They lipOke very
h1ghl) of Janet Grimmett and their ability to work with the City. I was very imprcsscd with that .
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2 . She said I wanted to thank Ken Ross for his continued follow-ups on the traffic concerns that were brought
to his attention .
(ii) Council Member Moore said I don't know if you all had a chance to see the March 10111
minutes of the Board of Adjustment and Appeals meeting . I need to visit with the Board of Adjustment and Appeals
as they apparently did not like my inquiry into how variances arc granted . So I would like to try to clarify my view
of things . The question for Council is ... is that something Council would prefer to participate in and perhaps invite
the Chair back to Council? I would be happy 10 aucnd a Board meeting and present my opinion on my own. I will
plan on ancnding the Board meeting, unless there is a preference to have it brought to Council. Thank you .
(iii) Council Member Bradshaw:
I . She said on Saturday, May 15 111 the South Suburban Park Foundation, not the District, will celebrate its 25111
Birthday Party . We arc the people who built the bike trail from Denver 10 Chatfield and some people think it just
appeared. II has been 25 years in the making. Now we arc working on a crusher fine trail that parallels that, to go
back down, to separate bicycles and walkers, because there seems to be some issues on that Anyway, that is at
10:00 a .m . to Noon at the Platte River Trail. It will be south of Union and there is a Family Fitness Walk at 9:00
a.m. There arc nature programs and the Littleton Community Band . We arc trying to get the Strings from
Englewood 10 come down. Hopefully, that will happen . There will be refreshments, face painting, bike decorating
and I guess we don't have a raffle, but we do have door prizes and we do hnvc a handmade cedar hope chest, but it is
not a raffle . Please join us, she said.
2. She said I notice we have three boy scouts in the audience .
(Clerk's note: The troop leader spoke from the audience. She indicated they were working on a badge requirement
by attending this Council meeting . Most of the comments were inaudiblc._J
Ms . Bradshaw said thanks for coming. I want to invite you all to show up on May 29111 when we open up our water
park at Belleview and Windermere. I don't know if any of you have watched it being built, she said, but it is
awesome. So circle the 29111 and show up.
(iv) Council Member Tomasso:
I . He said you have all received the Historic Littleton Inc . and Englewood Historical Society invitation. This
is Preservation Month . There will be a dinner ar Hudson Gardens honoring Eugene Sternberg who did the
preliminary design of Arapahoe Acres . the Englewood School Board building. Heritage High and Arapahoe
Community College. He is 89 right oow .
2 . He said for those of you into caring, my daughter is selling Major Savers Cards for the Englewood
Education Foundatio n and SI 0 .00 buys you about $70.00 worth of food .
(v) Council Member Yurchick said the only thing I wanted to talk about was the $60,000.00
to fund those three positions. I've got mixed emotions about that Half of me says don't do it, but the other half
says fund ir because, if we have to replace them, we have already invested a lot of money in training. And, in the
ove rall scheme of things. $60,000.00 isn 't !ha! much, bur !he other side ofme says, well if Chris really wanted these
people. he would come up with $60,000.00. So, I am kind of in the middle on that one. I just wanted to see where
the rest o f Council wa s.
Council Member Barrentine said I have to be just as concerned about the $187 .000.00 that won't be there next year.
We have continued 10 fund these people and have given them four layoff dares. I mean, unless -anticipate that the
S 187 .000.00 will be there next year for positions that he already has decided that he is not budgeting for, then I think
it would be inappropriate 10 continue ha, ing them hang o n.
Mayor Garrell a ked 1f 1here was a ny di scussion.
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Council Member Bradshaw said I can sec both sides . It is a tough call. I know two of those people personally and
that is an equally tough call. The budget looks better right now, but we have a lot of unknowns and I am going to
have to agree with Lauren. I think it is cruel and unusual punishment for those people.
Council Member Barrentine said I am the liaison for the Code Enforcement Board and I have seen, subsequently,
one of those employees who has been on this roller coaster. At the meetings they talk about this person with the
anticipation that that employee will not be there. I mean the first time it happens, it is one thing, but the third and
then fourth time you are given a layoff date, you don't exist any more. I mean, your opportunities are kind of gone.
I participated in that, I don't blame Chris. He came to the table with his budget. I think it is a difficult thing to do
and I am just heartsick about it, but I have to go with his decision on his budget.
Council Member Wolosyn said I would agree. We made that decision to carry it through until May, based on the
fact that we were all optimistic that our sales tax revenue would increase to an amount that we would feel
comfortable, because as Chris said, carrying it on through this year, it is virtually saying yes to next year also.
Unfortunately, that condition hasn't manifested itself.
Council Member Tomasso said I am of the opinion that it is Chris' decision and it is basically up to him what he
wants to do.
Council Member Yurchick said that answers my question .
(vi) Council Member Wolosyn:
I . She said I did attend the kick off for FasTracks yesterday afternoon. It was an hour long. It was shon and
effective. They had a surprisingly robust tum out and it sort of makes you realize that you arc a part of this . All the
communities around here participated in this and we all have something to gain if it passes . I hope it docs.
2. She said in last weeks packet, the one where wc had the public meeting, there was a letter from the County
to the City saying that they wanted us to collect the open space increment and then remit it to them. Was that in the
game at the beginning? Docs that have an administration amount? I'm just wondering, is there a discussion going
on, is there an administration fee?
Council Member Bradshaw said you know what wc did at the Foundation? Maybe we should do this to the County.
We take 10%. Mayor Garren said for an administrative charge . Ms . Bradshaw said yes.
Council Member Bradshaw said except for cities, we only take 1 % of the money the cities donate for administrative.
And I just think we need to revi si t that with the County, if they arc wanting us to do their work for them
Council Member Wolosy n said I was surprised. It seemed when wi:.talked to Susan at various Tri.Cities meetings.
they were talking abut coming up with a system and we would all be kept in the conversation and then all of a
sudden it seemed like it was a done deal. She said thi s is just a concern.
Council Member Yurchic k said like our RTD tax ... do we get a fee when we collect RTD tax and remit it? Can we
c harge them 10%?
City Manager Scars said we can have Jerrell come back. Just like we collect our own sales and use tax , because we
don 't believe the State can do as good a job in doing that , the County is basically saying. you know who your
c usto mer s arc , you ca n do a better job and we don't want to get into a fight with you over what that amount is. So,
they are say ing . you go ahead and do that. Collect it and put in the pot ... our pcrccniagc . What I have :icant, he
said. is that a lot of ot her cities also share Council's concern. I don 't know exactly where they arc in terms of
recommending thi s, but I would like to bring thi s back to the Council, with Jerrell, and we can take a look at it.
Counci l M mber Wolosyn said I appreciate what you arc saying about all the different contexts.
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Englewood City Council
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City Manager Scars said it was a surprise. They were trying to put together their formula and that is why they arc
taking so long in doing it, which is a concern, because that money is not coming back to us . But, there is a pretty big
rip on Horne Ruic cities, because the State doesn 't care, the State doesn't get in there and do the work that the City
docs when we have that happen .
Council Member Wolosyn said what about the first part of the year, do they give us that in a timely manner. She
said, I mean to begin collecting it. Mr . Scars said I think the picture is getting clearer and I think we just need to
give Jerrell and actually, perhaps have a representative of their Board here . Their Board is making these types of
determinations and we need to get that Board here to say, 'this is our Plan', so we can react to it, because I think it is
still really circumspect as to exactly what is going to occur.
Council Member Bradshaw said it just looks bad for government. Herc we said yes wc want open space, yes we
want to do this and now everybody says ... you collect it. Corne on, if you start something, you finish it and that is
what I have a problem with, with the County. It was their baby and now they arc dropping it in our laps again.
13 . City Manager's Report
(a) City Manager Scars said we are in the middle of our audit. We wiU probably be having our
auditors attend the first meeting in June . They will actually come to the Council and I think with where wc arc, that
will be very helpful, in terms of some of the information that Council can take a look at to determine where wc go
from here. They are taking a look at that and will be coming back.
(b) City Manager Scars said I am involved with the Rotary Exchange Group with an East African
group of young professionals ... attorneys, doctors, World Bank ... and they arc going to be visiting the City on the
11'" to talk to different departments. I just wanted to let the Council know you arc invited to meet with them if you
would like to participate.
Council Member Bradshaw said they arc going to be here? Mr. Scars said yes, they are going to be here. Ms.
Bradshaw asked how long they would be here . Mr. Scars said they arc going to be here during that morning and in
the afternoon and then they will actually be in the County for the following two days. Ms. Bradshaw said liO they
could be here Thursday afternoon? Mr . Scars said they would like to have some specific time with the attorney,
possibly with the judge, with the school district and at Swedish . If you arc interested, come by and see them . Ms.
Bradshaw said we would need a time. Mr . Scars said we are going to meet at 9:00 a.m. with the staff and we would
love to have you here at 9 :00 a.m. We will be taking a tour about 9 :45 a.m., but if you could be here at 9 o'clock
that morning, it would be wonderful.
14 . City Attorney's Report
C it y Attorney Brotzman did no t have any matters to bring before Council .
15. Adjournment
MAYOR GARRETT MOVED TO ADJOURN . The meeting adjourned at 8: 10 p.m.
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l.-1:i ty C lerk
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2.
3.
Call to order.
AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
MONDAY, MAY 3, 2004
7:30 P.M.
Englewood Civic Center -Council Chambers
1000 Englewood Parkway
Englewood, CO 80110
Invocation.~
Pledge of Allegiance . ~
4 . Roll C..11. .w '7 ~
5. Minutes.
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0
~d?-oa . Minutes from the Regular City Council meeting of April 19, 2004.~
6 . Scheduled Visitors . (Please limit your presentation to ten minutes.)
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7. Unsch. eduled Visitors . (Please limit,.yql}r l)r_e~entation to five mi11~les .lv.lM ,j r-• ..,.,., 4, Dt,/!lfl/Y MA-lrJAJ~ -ON!tllU !fl011..t.1fJUll&bU1161Uf;111}FJ'ffl_.-...-1:-
(r. J:.to,J f>~ -~PiPtPD~~~r/V~IIJe.£.£ ,s •;.-*~ INlrf
8 . Comm uni ca tion s, Proclamations, and Appointments . ~,L:S
A proclamation honoring Selwyn Hewitt as Englewo~d's Citizen of the Year for 2004.~ tlff'IJ-!f '1-/J A proclam.ation honoring Brian Vogt for his contributions to business and community~
IL c. A resolution appointing Douglas Cohn to the Englewood Board of Adjustment and
t!j,ff?-Oppeals. ~
9 . Public Hearing. (No Publi c Hearing Scheduled)
~
Please note : If you have a disability and need auxiliary aids Of services, please notify the City of Englewood (303·
762 -2 405 ) al least 48 hours in advance of when services are needed. Thank
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Englewood City Counci l Agenda
May 3 , 2004
Page 2
10 . Consent Agenda.
a. Approval of Ordinances on First Readin@'
o/)ft/FJ-a. ~t~n1fco~
()ld /:-;i,~ i.
Council Bill No. 6, approving an Intergovernmental Agreement with the City of
Westminster for equipment sharing.
1h ,J Jj, /J / _ ii. Council Bill No. 22, approving an Intergovernmental Agreement with the State of
ll lfl :ft' ,;..rp Colorado for Colora~o Emergency Management
c. Resolutions and Motions.
Recommendation from the Library Department to adopt a resolution approving
the Englewood Public Library's 2004 "Summer Food for Fines" program . STAFF
SOURCE: Hank Long, Director of Library Services.
11. Regular Agenda .
a. Approval of Ordinances on First Reading.
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i. Council Bill No. 23 -Recommendation from the Community Development
Department to adopt a bill for an ordinance authorizing an Intergovernmental
Agreement with Arapahoe Community College/Arapahoe-Douglas Career and
Technical School to build a single family residence at a location to be
determined in the vicinity of 2399 W . Wesley Avenue. STAFF SOURCE: Janet
Grimmett, Housing Finance Specialist. ~
ii . Council Bill No. 24 -Recommendation from the Community Development
Department to adopt a bill for an ordinance authorizing the sale of 4673 S.
t1 ~ r, Grant Street, 2357 W~ W~~n•e;..asio 2399 W . Wesl~. Av~ue1 STAFF vrrv" 1--0 • SOURCE: Janet Grimm~tt, Hou\ihg Finance Specialist. ~
iii. Council Bill No. 25 -Recommendation from the City Manager's Office to adopt
a bill for an ordinance approving a subordina tion agreement in favor of the
? 0 Colorado Historic Foundation Revolving Loan Fund in order to secure an
-improvement loan to Colorado Preservation, In c. for the Skerritt House. STAFF
SOURCE: Michael Flaherty, AssisYnt City Manager. ~
b. Appro al of Ordinances on Second Reading .
i. Council Bill No. 18, approving. as amended, an Intergovernmental Agreement
with th e Regional Tr ansport l ion District for landscaping requirements at RTD
Ela ti Maintenance Facility . •
Plea e note : If you have .i d1 ab1hty and need aux1hary aids or servic .,, please notify the City of Englewood
(3 03-762-2405) ;it least 48 hour m advan ce of when services are needed _Tha_n_k_,_y_ou_. _______ __.
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Engl ewood City Council Agenda
, M ay 3, 2004
Page 3
c. Resolutions and Motions.
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1 2. General Discussion.
a . Mayor's Choice.
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b.
i. A proclamation declaring the month of May as MS Awareness Month.~
Council Members' Choice. {I
13. City Manager's Report.
14. City Attorney's Report.
Adjournment. f: / O ~
The following minutes were transmitted to City Council between April 1 S and 29, 2004:
• Englewood Cultural Arts Commission meeting of March 3, 2004
• Englewood Board of Adjustment and Appeals meeting of March 10, 2004
• Englewood Transportation Advisory Committee meeting of March 11 , 2004
• Englewood Code Enforcement Advisory Committee meeting of March 17, 2004
• Englewood Pl anning and Zoning Commission meeting of April 6, 2004
Pl ease note: If you have a disability and need awdury aids or services, ~ ~· the City of Enalewood
(3 03-762 -2405) at least 48 hours in adv~e of when services are needed. 11Ynk
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I. Call to Order
ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
Regular Session
April 19, 2004
(J
The regular meeting of the Englewood City Council was called to order by Mayor Garrett at 7 :34 p.m.
2 . lnl'ocatioo
The invocation was given by Council Member Barrentine.
3. PledgeofAlleglance
The Pledge of Allegiance was led by Mayor Garrett.
4. Roll Call
Present:
Absent:
A quorum was present.
Also present:
5. Minutes
Council Members Tomasso, Moore, Barrentine, Garrett, Bradshaw,
Wolosyn, Yurchiclr.
None
City Manager Scars
City Anomey Brotzman
Assistant City Manager Flaherty
City Clerk Ellis
Director Olson. Safety Services
Fire Battalion Chief Schocnbcin
Director Gryglewicz, Finance and Administrative Services
Director Fonda, Utilities
Director Kahm, Capital Projects
Director Ross, Public Works
Engineer II Nimmo
(a) COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE
THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF APRIL 5, 2004.
Mayor Garren as ked if there were any comments or corrections. There were none.
Votr results:
Ayes: Council Members Barrentine. Moore. Bradshaw. Garrett, Wolosyn,
Yurchick. Tomasso '
Nays : None
Motio n c arried .
6. Scbrduled Vlslton
There we re no ·hcdulcd 1 11ors .
7 . Uasc:brduled Vilhon
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Englewood City Council
April 19, 2CMM
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(a} Phil Gilliam, 3821 South Huron, said I was at the last South Broadway planning meeting. Most of
you wcrcn 't there and there were some conversations that I thought, perhaps, wc could have . At the start of the Plan
it says "goals.". Goals imply a paradigm, or a context or a reason to have the goals. Why do wc want a set of goals?
We have goals as outlined by the Plan. The conversation that I think we might need ... what do the goals help us do
or where do they help Englewood go, that we want it to go? What is the background of those goals? Now, the idea
might be that maybe we want to have the best schools in the State. That might draw people to live in our houses,
which would push downtown development. It is an idea. It is an idea that Mr. Simpson said if we did it, it would
make his job a slam dunk . As it is right now, the South Broadway Plan looks like revenue generation. You look at
the goals. you look at where it goes and all it is, is a way to make more money. At the meeting. Mr. Tomasso said
''I'm even taking a look at a way we can tax landlords." If we want to be about revenue generation, put it right out
front. Say, this is our goal and this is the reason. This is our goal, because wc want to generate revenue. There
needs to be language at the start of it and it needs to be language that is developed, and made public and printed in
the Herald, before the goals come up. I looked at both plans and I saw something missing. And what was missing
was the why. But the unspoken ... was, boy, we need more bucks. So, I would just ask you guys to engage in a
conversation with the community about why we need to go on the hustle for South Broadway. What is there about it
that we really need to do it? Now granted, we all want to have as nice a looking business district as we can ... as vital
and productive as it can be, but I think we should be real square about v.iiy it is that we arc pushing that way and is
that sufficient reason to give it all the emphasis that we've got? I feel like I am one citizen, but that I've got two
different governmental bodies ... I've got a school district and I've got a city. Everybody I talk to says, well we've
got a committee and we meet with them once in awhile. I went on the web and got the first 15 of 104,000 sites that
talk about good schools being good for the town. So there is some information out there, somewhere. But I would
think that right now there is an unmet demand in education in the metro area. You've got schools that have waiting
li sts . They've got lotteries so they can choose who can go there. If the schoob in Englewood met some of that
unmet demand people would be moving into Englewood and popping tops, and scraping off and increasing the
housing stock and their presence would drive the demand on Broadway. You wouldn't have 10 force iL There has
go110 be a way 10 work with the school system. Right now, Englewood Schools are losina students . You sec more
and more "for sale" signs. rental signs, and empty houses in Englewood proper. There has got to be some way to
make thi s work and I don't know as putting all our effort in forcing South Broadway to revitalize is going to answer
the questio n . That is why I say let's look at the goal and look at the context of the goal. Can anybody iell me what
the context of the goal is? Thanks, he said.
8. Co111DM1Dkalions, Proda-tiom aad Appola&aeall
(a) A letter from Jeffery Baker indica ting hi s resianation from the Enalcwood Board of Adjustment
and A p peals wa conside red .
CO UNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO ACCEPT THE
R ES IGNATION or JEFFERY BAKER FROM THE ENGLEWOOD BOARD OF ADJUSTMENT AND
A PPEALS.
Ayes :
Nays :
M uon carried .
Council Me mbers Barrentine, Moore. Bradshaw, ~n. Wolosyn,
Yurc h ick. Tomasso
None
(b) A letter fro m Gerald S tanlmrb ind icating hi s resi1na1ion from the Keep Enalcwood Beautiful
Comm, 10n wa considered.
CO UNC IL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO ACCEPT THE
R ES IGNATION or GERALD STANKORB FROM THE KEEP ENGLEWOOD BEAUTlnJL
C OMMISS ION.
Ayes:
Nay ·
Mou n camcd.
Council Members Barrenunc, Moore. Bradshaw , Garrett. Wolo&yn.
Yurchick. Toma o
None
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Englewood City Council
April 19, 2004
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(c) A proclamation recognizing the Museum of Outdoor Arts' Design & Build program was
considered.
COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE A
PROCLAMATION RECOGNIZING THE MUSEUM OF OUTDOOR ARTS' DESIGN & BUILD
PROGRAM.
Ayes:
Nays :
Motion carried.
Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn,
Yurchick, Tomasso
None
Mayor Garrett asked is there anyone here to accept the proclamation. There was no one.
9. Public Hearing
No public hearing was scheduled before Council.
10. Consent Agenda
(a) Approval of Ordinances on First Reading
There were no additional items submitted for approval on first reading. (Sec Agenda Item 11 • Regular Agenda .)
(b) Approval of Ordinances on Second Reading
MAYOR GARRETI REMOVED ITEM 10 (b) (I) -COUNCIL BILL NO. 6, FROM THE CONSENT
AGENDA.
Mayor Garren said there was an error in its publication, which requires us to pull the item and we will have it at the
next Council meeting.
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT
AGENDA ITEMS lO '(b) (Ii) and (Iii) ON SECOND READING.
(ii) ORDINANCE NO. 21, SERIES OF 2004 (COUNCD. BILL NO. 15. INTRODUCED
BY COUNCIL MEMBER WOLOSYN)
AN ORDINANCE AUTHORIZING AN "AGREEMENT FOR REALIGNMENT OF BROWN DITCH IN
COLUMBINE VALLEY EST ATES" BETWEEN THE OWNERS OF CERTAIN PROPERTIES ALONG THE
RIGHT-OF-WAY AND THE CITY OF ENGLEWOOD, COLORADO.
(iii) ORDINANCE NO. 22, SERIES OF 2004 (COUNCD. BILL NO . 19, INTRODUCED
BY COUNCIL MEMBER BRADSHAW)
AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF FOUR
INTERGOVERNMENTAL SUBGRANTEE AGREEMENTS (CDBG) FOR THE YEAR 2004 BETWEEN THE
ARAPAHOE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF ENGLEWOOD, COLORADO.
Vole ttSUIIS :
Motio n carried .
Ayes :
ay :
Council Members Barrentine, Moore. Bradshaw, Garrett, Wolosyn,
Yurchick . To masso
No ne
(c) Re lut, n nd Motions
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Englewood City Council
April 19, 2004
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There were no additional resolutions or motions submitted for approval. (Sec Agenda Item l 1 -Regular Agenda.)
11. Regular Agenda
(a) Approval of Ordinances on First Reading
(i) Assistant City Manager Flaherty presented a recommendation from the City Manager's
Office to adopt a bill for an ordinance approving an Intergovernmental Agreement with the Regional Transportation
District for landscaping requirements at RTD Elati Maintenance Facility. He said the purpose of the agreement,
primarily, was to address the deficiency in landscaping. RTD has agreed that they have, based on our zoning
ordinance requirements for landscaping of industrial properties. a deficiency of approximately 32 thousand square
feet. Our ordinance also calls out the calculation of that deficiency in the form of a fee in lieu, which RTD has also
acknowledged. However, RTD has worked with the City and has agreed that they would delay the payment of the
fee in lieu, in order to allow the City to enter into an agreement with RTD to explore the option of RTD providing
that landscape area in conjunction with the construction of a future Bates Station. We have agreed on those issues.
The agreement also covers that the parties will negotiate, in good faith, for a Bates Station agreement as well as an
agreement at Lucent Boulevard Station ... the end of the line station, under FasTracks for RTD, which is located on
our Mclellan Reservoir property. And. he said, therein lies the point of contention. Last week we presented to
RTD. language that Council provided to staff during the meeting of April lo"'. RTD has indicated that they could
not accept that language. What you have before you in this agreement is the language that RTD presented to the
City on April 9111 prior to the April Io"' meeting. al which time Council requested a change.
So. Council Member Bradshaw said, our procedure is to move it, get it on the table and then amend it?
Mayor Garrett asked if there were questions for Mr. Flaherty before we start that process. There were none.
COUNCIL MEMBER MOORE MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11
(a) (I) -COUNCIL BILL NO. 18.
COUNCll BllL NO. 18. INTRODUCED BY COUNCIL MEMBER MOORE
A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
.. SUBSTANTIVE TERMS OF THE ELATI LANDSCAPE AGREEMENT" BETWEEN THE REGIONAL
TRANSPORTATION DISTRJCT (RTD) AND THE CITY OF ENGLEWOOD, COLORADO.
Mayor Garren asked if there was any discussion.
Council Member Moore said I would like to propose an amendment to paragraph number 6 in the agreement.
think past discussions make it clear that Council desires that we want RTO to understand where our thoughts arc
going with respect to the development of the M t:Lcllan Reservoir. As such, I would like to put forth the language
we talked about previously. The amendment would be to modify the last sentence in paragraph number 610 now
read "to the extent consistent with s uch minimization, the a.mount of devclopable land shall be maximized, based
upon mutually acceptable design parameters for a station site not to exceed ten acres. Structured parking will be
required. 1f financially feasible ." I would like to s uggest that we make that amendment so that our intentions arc
-.ell under t0od ... our vision for that land i well understood by RTD.
Coun 11 Member Yur hick aid I ha ve a question on the financial feasibility language. Did wc want to be lll(n
specific than th,u ?
1ayor Garren said -.ould -.c want 10 insert "taking the Lucent Boulevard S1a1ion ProJCCI as a whole ." Mr. M00tt
.aid I " uld ajlrCC w11h that fCVISIOn .
Council Member Yurch1 k said 11,hat I the point of even d mg the vocc? What do -gain by amending this and
pas mg 11 . ,er u us nol c,cn ,ottnll on 1111 all? I gue that I more for City Attorney Brotzman than anybody. I
mean. 1f -.c p.iss II the "ii -.e 11,ant 11. the) don't 11n II nd they pay us $37.000.00 .. .if wc don't ,·ace on it at all
1hc pa) u 37.
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Council Member Wolosyn said I think we make a public statement of our concept of this project. .. to the extent that
we hold it in trust for a future Council. I think it is important. Council Member Bradshaw said I agree .
Council Member Barrentine said it will potentially affect the conversation happening if we do nothing and make no
statement at all at this point. Can we continue to have any talks with them or would this effectively stop that and we
just say this is what we've got on the table and that is it?
Council Member Wolosyn said I hope not. because I think what we arc saying is positive. We arc adding very liulc.
I think that we probably have the same idea in mind for the future, except that we want to hammer the language
down a little more, because we arc in a position of trust with our community.
But, Council Member Yurchick said, they have already said they arc not going to accept this language . Ms.
Wolosyn said I think that when we pass an amended one , we make a public statement that wc agree to the entire
dialogue so far, except for this .
Council Member Bradshaw said that's right and the other thing is, again I have to talk about the historical value of
that land out there. Director Fonda, when did we get the land out at Lucent? How many years ago? Mr. Fonda said
I think we got it in the early sixties. And, Ms. Bradshaw said, it has always been considered like a savings account
for the City and I just think that if that does develop, we need to develop it to the best ... highest and best use. I think
we have to limit how much the station would take as far as land .
Council Member Yurchick said that wasn't my question . I don't disagree with that.
Mayor Garrett said I will put in my two cents worth . I think by passing this wc arc showing that this is an agreement
that is acceptable to us . We're trying for a little more structure, bul clearly it is subject to good faith negotiations. It
is as if our City Manager's office came forward with an agreement, which they say they don't necessarily agree
with, but their board has passed it. It is up to their board to make those kinds of decisions, it is not a staff decision .
And I think we , at least, need to put it on the table so it goes to the board level and it may help them understand what
our positions arc. They may decide that staff is not correct in this case . That is why I think it would be worth
passing as amended .
Mayor Garrett asked if there was any further discussion on the amendment. TIICre was none .
COUNCIL MEMBER MOORE MOVED, AND IT WAS SECONDED, TO MODIFY THE LAST
SENTENCE OF PARAGRAPH 6 OF THE IGA TO READ: "TO THE EXTENT CONSISTENT WITH
SUCH MINIMIZATION, THE AMOUNT OF DEVELOPABLE LAND SHALL BE MAXIMIZED, BASED
UPON MUTUALLY ACCEPTAB~E DESIGN PARAMETERS FOR A STATION SITE NOT TO EXCEED
TEN ACRFS. STRUCTURED PARKING WILL BE REQUIRFJ>, IF flNANCIALLY FEASIBLE,
TAKING THE LUCENT BOULEVARD STATION PROJECT AS A WHOLE."
Vote results on the amrnchnent:
Ayes :
Nays :
Moti o n carried .
Council Members Barrentine , Moore , Bradshaw , Garren. Wolosyn.
Yurchick. Tomasso
N one
Mayor Garren said we now have a motion o n the table to approve Council Bill No. 18. as amended . We will now
have that vote . un lc ,here is further di sc ussion o n the agree ment itself. There was none .
ote results on the approval of CoUDdl BW No. II a1 __._:
Ayes : Council Members Barrc111ine . Moore. Bradshaw. Garren. Wolosyn.
Yurchick, Tomasso
Nay : N one
Motion carried .
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(ii) Fire Battalion Chief Schocnbein presented a recommendation from the Safety ScTYiccs
Department 10 adopt a bill for an ordinance approving an Intergovernmental Agreement with the State of Colorado
for Colorado Emergency Management. He said in fiscal year 2003 and again this year we submitted and were
approved for approximately $6,000.00 worth of grants to fund the Community Emergency Response Team Training
Program lhal we have had in the City for approximately ten years. This ordinance, for approval of the !GA, would
streamline the process that we get for reimbursement of the funds from that grant. Currently, the funds have 10 pass
through the Local Emergency Planning Committcc ... that is the Sheriff's office of Arapahoe County. This process
would streamline that and allow the State to directly pay funds 10 us, and reimburse us, for our costs without having
to go through the LAPC. This is, basically. just taking a step out of the process and streamlining the program. I
would like for you to consider this proposal and I welcome any questions you may have regarding this.
Mayor Garrett asked if there were any questions on this particular measure. There were none.
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM
11 (a) (II) -COUNCIL BILL NO. 22.
COUNCIL BILL NO. 22, INfRODUCED BY COUNCIL MEMBER BRADSHAW
A BILL FOR AN ORDINANCE APPROVING AND AUTHORIZING THE EXEClTI'ION OF AN
INTERGOVERNMENTAL AGREEMENT FOR THE COWRADO EMERGENCY MANAGEMENT
BETWEEN THE STATE OF COLORADO AND THE CITY OF ENGLEWOOD, COWRADO.
Mayor Garrett asked if there was any discussion. There was none.
Vote results:
Motion carried .
Ayes : Council Members Barrentine, Moore. Bradshaw, Garrett, Wolosyn,
Yurchick, Tomasso
Nays : None ·
(b) Approval of Ordinances on Second Reading
(i) Director Oryglewicz presented an emergency ordinance, authorizina two (2)
Intergovernmental Agreements with the Colorado Water Resources and Power Development Authority, for the
issuance of Water Revenue and Water Pollution Control Revolving Fund bonds for the Phuc 2 Expansion Project.
He said this ordinance is an emergency. basically to gel the process going on these two loans from the Colorado
Water Resources and Power Development Authority . You will sec that the actual loan agreements arc attached and
I should note that, as it says in the ordinance, these arc the form of the agreements and there could be some minor
changes still to come, but for the most part. it is 99% done .
Ma yo r Garren asked if there were questions for Director Oryglcwicz. There were none .
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM
11 (b) (I) -ORDINANCE NO. 23, SERJF.s OF 2004.
ORDINANCE NO . 23. SERIES OF 2004 (COUNCIL BILL NO . 20. INfRODUCED BY COUNCIL MEMBER
BRADSHAW )
AN ORDINANCE OF THE CITY OF ENGLEWOOD, COLORADO. APPROVING LOANS TO BE MADE TO
THE CITY BY THE COLORADO WATER RESOURCES AND POWER DEVELOPMENT AUTHORITY FOR
THE PURPOSE OF FINANCING ADVANCED TREATMENT UPGRADES TO. AND THE CONSTRUCTION
OF IMPROVEMENTS INCREASlNG THE TREATMENT CAPACITY OF, THE CITY'S JOINT
WASTEWATER TREATMENT PLANT ; AUTHO P 'ZING THE FORM AND EXECUTION OF LOAN
AGREEMENTS AND BONDS TO DOCUMENT I tIE LOANS ; PROVIDING FOR PAYMENT OF THE BONDS
FROM REVENUES OF THE CITY 'S SANITARY SEWER SYSTEM ; PRESCRIBING DETAILS IN
CONNECTION THEREWITH ; AND DECLARING AN EMERGENCY .
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Englewood City Council
April 19, 2004
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Vote results:
Ayes:
Nays:
Motion carried.
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Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn,
Yurchick, Tomasso
None
(ii) Director Gryglewicz presented an emergency ordinance reaffirming the establishmer.t of
the Sewer Utility Enterprise. As I said on first reading, this is in relation to when Tabor was passed and we just are
formally reaffirming that the Sewer Utility is an Enterprise and it is done in conjunction with the ordinance that just
passed.
COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM
11 (b) (ii)-ORDINANCE NO. 24, SERIES OF 2004.
Mayor Garren asked if there was any discussion. There was none.
ORDINANCE NO. 24, SERIES OF 2004 (COUNCIL Bll.L NO. 21, INTRODUCED BY COUNCIL MEMBER
WOLOSYN)
AN ORDINANCE OF THE CITY OF ENGLEWOOD, COLORADO, REAFFlRMING THE ESTABLISHMENT
OF ITS SEWER UTILITY ENTERPRISE; PRESCRIBING DETAILS 1N CONNECTION THEREWITH; AND
DECLARING AN EMERGENCY.
Vote results:
Ayes:
Nays:
Motion carried .
Council Members Barrentine, Moore, Bradshaw. Garren, Wolosyn,
Yurchick, Tomasso
None
(c) Resolutions and Motions
(i) Director Fonda presented a recommendation from the Littleton/Englewood Wastewater
Treatment Plant Supervisory Committee to approve , by motion, an amendment to the Purchase Agreement of
denitrification system equipment and installation services from Severn Trent Services in the amount of $98,581.
He said there were two vendors who could have possibly provided denitrification facilities. We chose this one, as I
indicated previously, because it was the one that allowed the most easy conversion for phosphorus removal. Then
we ne gotiated the fee for the equipment. As we got further into the design. after the negotiations, we found that
abo ut $98.58 1.00 o f the package s ho uld be increased in this bid. It does not increase the total amount of the 110
millio n. hjus t s h ifts from where it is paid . We would be paying the general contractor for thi s, ifwe weren't
paying Severn Trent. but it makes more sense to go with Severn Trent, so we have to modify the contract.
Mayo r Garrett asked if there were any ques tions for Mr. Fonda. There were none.
COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM
11 (c) (I) • AN AMENDMENT TO THE PURCHASE AGREEMENT OF DENITRIFICA TION SYSTEM
EQUIPMENT AND INSTALLATION SERVICES FROM SEVERN TRENT SERVICES IN THE
AMOUNT OF $98,581.00.
Mayor Garrett as ked if there was any disc ussio n. There was none .
Volt results :
Aye :
Nay :
Mouon earned.
Council Members Barrentine, Moore. Bradshaw. Garrett, Wolosyn .
Yurchick , Tomasso
None
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Englewood City Council
April 19, 2004
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(ii ) A recommendation from the Public Works Department to approve . by motion, the
ex te ns io n o f the 2003 construction contract for C o ncre te Utility 2004, Concrete Program 2004, and Sidewalk
M iss in g Links 2004 to Tho utt Brothers Concre te Co ntractors Inc ., in the amount of $428,535 .00 was cons idered .
Mayor Garrett said I wo uld like to make note before Ri c k begins, that we had in our packets a really nice
background s ummary of the Concrete Utilit y District that was created in May of 1997 and it gave the ability for
property owners to elect into that and pay a certain amount each time to cover the replacement of your sidewalks in
th e event that needed to occur.
Directo r Kahm said if I could. I would like to just briefly do a litde overview of that particular document that was
included in your packet. I promised for months and months that I would bring everybody up to speed on the Utility.
As the Mayor stated, in the City of Englewood property owners arc responsible, by Municipal Code, for the
ma intenance o f the concrete c urb and gutter adjacent to their properties. In 1997 we did establish a Concrete Utility
whi c h is very unique nati o nally. it is the o nly o ne that I am aware of, to try to les sen the burden on those property
o wners to do that maintenance. Prior to that time, if the concrete went bad the Public Works Department would
have to put together a list, we wo uld come to Council, we put a demand, because the ordinance allowed us to do
that . and require the owners to repair it . The owners, of course. were never prepared for that financially. It created a
lo t o f hardships. So then we would form Co ncrete Replacement Districts. which were a time consuming and very
costl y proj ect fo r the Cit y. But we wo uld do that work and then we would sell bonds and we would s pread
a scssments o ut over ten years in a very complicated and costly process. The Utility allowed us to go out and
inve nt o ry all the concrete in the C ity. We created a cost of about 8 cents a square foot . We assessed the property
owners, based o n the square footage basis of what was adjacent to their property. We did the same for the concrete
that h istoricall y was the City's ... that would be conc rete at inlcrSCCtions ... alley pans, cross pans. and that type of
th ing. So that is why eve ry year in the Public Improvement Fund you will sec an appropriation from the City of
almo t 180 tho usand dollars for our share of that program. Altogether that program generates about 600 thousand
doll ars a year. We believe . by the wa y. that this has been a very successful program. Propcny owners had the
o p port unity to o pt o ut of the program. when it was initiated in 1997. To date. approximately 7% of the property
owners did opt o ut . but it means 9 3% stayed in . Of the ones that opted out, many of those were institutional entities.
The ho p1 ta ls fo r ins tance opted o ut . beca use hi s torically. the hospitals have maintained the concrete around their
facili t ies at a h ig her lc\'c l than C\'cn we nwntain the rest of the City. It has never taken more than a phone call to get
wcdish Hosp ita l o r C rai g to do necessary work around their properties. So. we do have some of those types of
t lks a nd some o f the larger businesses prefer to take care of their own concrete as well . We do. in fact , have, as I
mentioned, 7% that ha ven't partic ipated . That totals 707 properties in the City. I also mentioned at ow goal setting
meeti ng " 1th Counci l that the infrastructure is wonh taking c are o f, beca~ the removal replacement value of the
concre te in the Ci ty i about 38 mill io n doll ars. Just for the construct ion. In the packet there were some cha(ts that
may be beneficial 10 yo u a ll . We have o ne on fundin g o n page 2 . T he unportant th ing to noce is that we have
generated 3.7 million dollar over the last ix years a nd we have spent 3.1 mi ll ion dollan doing the programs on an
ann ual basis. We have done s ix programs alt ogether . In terms of how we have impacted the commun ity ... d uri ng
th at umcframe. we've done work al 1859 properties. which 1s a s ubstantial number. T hat.amounts to 270,000 square
fee t of concrete that has been removed and re pl aced . Another note on that panicular chart. which i o n page 3. ts
that "e have done 639 dnvcways. That is 1mpon an1 because a the Ci1y wa constructed, we had raised c urbs and
people prefer to have the driveway where the c urb has been de pressed. So we have had that impact by being able to
do those drhcways . In order to be eligible. the driveway has to be in bad condition. W e don't Just do them. they
ha ve 10 be eligible for removal and re placeme nt . Inc luded in the packet "'Cl'C t wo page • one on physic~ damage
evaluat ion cnten a and a econd on hazard c aluatio n c riteria. What you will note i that we had fow level . We
have never been able 10 have the funding 10 do a nyt hing but concrete that fall 1n the Level 4 , the UD$8l1Sfactory
ca1ego r). He said there i. a chart m here 1ha1 s hows yo u that we have ac t ually only rated l l 'l, of the concrete 1n the
C uy. R ight now . as we 11re standing here. of th at 11 'l, we kno"' that I% i an category 4 ... that needs w«k ript "°". Thai ts about 61 .000 square feet and that is the "Ofk that would be proposed in dus com1n1 year' prosram.
Opted out propemes arc a onccm for us. 1ncc the project began 1n 1997. our cmphas1 hu been on SctllDI the
prnJect up and runn ing and we JU I ha,·cn 't follo-.·ed up on the 7 of the ~ lks that opted out of the proarun. To
date, there arc 210 propenic o ut there that are not pan of thc program that have amsau actory oncntc Included
m the pac ket arc some picture of example of t hose ... concrete th:at Illa) be off arade an inch and a half or 111>'0
inches. badly detcnoratmg and th I l)'J>C of thing We 11>'0uld lilc 10 come I Council ... and th 1 .. ind of. JIISI
preparation for us ... but. "c "ould like to approach those 200 propcrt) o"ncr thtS )'Car . The ordnance Ktll&II
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Englewood City Council
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says that the City Manager and/or his dcsigncc can just send letters and give people 30 days to do the work and if
they don't do it in 30 days, we do it, and if they don't pay us in 30 days, we file a lien. What wc would really like to
do in this first ;ound, because we haven't followed up on this since the program began, is we would like to come to
Council in late summer or early fall with this list of approximately 210 properties. We know right now that they
will vary in terms of the amount of work that needs to be done from $100.00 to as much as $4,000.00. The average
will be about $500.00 plus the costs of permits. Under the new permit system we've got for concrete, there is a
$200.00 permit fee to cover the costs of administering those permits. In that case, we could sec owner costs running
from $300.00 to $4,200.00, in that range. What we would like to do is put this together by fall, as opposed to 30
days. As I mentioned at our goal setting meeting, we arc not overstaffed for this program. so what I would like to do
is gi vc these folks from fall until spring to get this work done. It allows us to spread our workload out a little bit and
also it would, probably, case some of the hardship on propeny owners by giving them several months in order to
conuact and get this work done. If this work wasn't completed, wc haven't set the exact schedule, but by May, for
instance, then we would include those propenics in next year's program. So we would still get the economy of scale
as far as gelling the work done, as economically as possible, and then we would lien those folks at that point in time,
send a bill if they don't pay it then we would file liens. But, it would help the propeny owners and would also help
us, staff wise. We aren 't equipped to deal with 200 people pulling permits at one time. If Council is agreeable to
something like that, that is the direction we would like to go.
Council Member Yurchick said if they didn't join originally are they allowed to join now? Mr. Kahln said
absolutely. We have actually had 8 folks that have opted back in, that originally opted out. To ope back in, what
they have to do, is they have to bring all of their concrete on the propcny up to the existing City standard. So, they
have to go out and hire somebody and get it all done.
Council Member Yurchick said so they would have to bring up ... so for one of these 210 property owners whose
concrete is stage 4. he has to fix it before he can even join the program. Mr. Kahrn said absolutely. In fact, l would
say that when we went and looked at it, if you look at the definition of stage 3, wc would probably ask him to do J's
and 4's, because J's arc just waiting to become 4's and it is usually 3 to 5 years and wc are dealing with those.
Larry Nimmo does most of the administration on these projects and one of the issues wc are getting into, is that we
arc reaching a point when we are out doing work if we've got some 4's and adjacent J's even though the program is
really addressing the 4's, we will do the J's at the same time to bring everything up to speed, because odlerwise wc
would be back in 3 or 4 years anyway. They can bring it up 10 standard and then what they have to do is they have
to make up all of the past fees that they haven't paid into the program . And with that, they can be reinstated.
Council Member Y urchick said is the $600.000.00. the difference between 3 . 7 million and the 3 .1 million, is that in
a special account that is earmarked the Concrete Funds? Mr. Kahm said yes, there is a fund and then on an annual
basis we appropriate from that Fund for the annual program. What I have tried to do in the past is keep about one
year in the account. try to have one year accrual of funds .
Counci l Member Yurchick said o ne last question. What happens if we do away with the Concrete Utility and I paid
into it si nce 1997? l s there any future guarantee on walks, or is it, oh sorry you just paid.
Mr. Kahm said we would have to talk to the City Attorney about that. but I am guessing it is, sorry you paid and the
program is gone. We don 't h-avc funding . We spend it as fast as it comes in . We have managed to keep pace with
what I call uns.1tisfactory concrete, but the fact is when we put the program together in 1997, wc assumed by )'Cll1
2006 or 2007 that there might be a balance of one and a half million or two million dollars. We though! wc would
be accruing money. because the whole thing was based on a 75 year life expectancy. As it has turned out, concrclC
has been going bad at a faster rate than we anticipated. We are okay for now but at some poim in the not too distant
future . we will be coming to talk to you all about an increase in order to keep up . Included in your packet is a chart
that Ken Ross put together . It is a Concrete/Paving District History, and it tells you when the majority of the
conc rete went ,mo the City. You will sec that we had a tremendous amount that went in. in the 1960's and 1970's.
as muc h a two-third o f the City. So at some point in time. we arc going to have a whole loc of ti probably go bad
at about the ame period of time .
Mayor Garrett kcd tf there were any o ther que 11ons.
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Englewood City CouncU
April 19, 2004
Page 10
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Council Member Wolosyn said I don 't have any at this time, but in the future I would like to have a Study Session
on it because there arc questions.
Mr. Kahm said we had originally hoped to bring this to a Study Session but then we kind of ran out of time. Ken
and I haven't talked about this, but we have kind of neglected those opted outs, because we just haven't taken the
time to follow up on them . What I would recommend is that this year we send some letters and follow up by spring.
I would like to start doing that on an annual basis and try to keep up with those, because some of that concrete is in
really bad condition and creates a hazard out there . We really shouldn't let it set around for years unaddressed. That
is the other thing that I would like to start doing on an annual basis, probably, getting people up to speed. There has
been no penalty for dropping out of the program, because we have not done anything to those folks who opted out. I
think once we stan dealing with those properties, maybe some of those people will start coming back in. I know we
have seen it as properties have changed hands and people have purchased, we've had folks that required the previous
owner to get back in the district in order to get them to close the deals. I think the program will be more popular in
the future than it is right now.
Mayor Garrett said would you like to discuss Item 11 (c) (ii)?
Director Kahm said yes I would. He said this award for our construction contract is just a little different, because
this is something we have never done before. We are always looking for a better way and a more efficient way to
get things accomplished. A couple of years ago, in 2002, when we bid our Concffle Program. we put a provision in
the program that allowed the cor,tract to be extended with Council's approval for up to two additional years, because
we spend a tremendous amount of time putting these things together for bid. In 2002, we just weren't that satisfied
with the contractor that had that project and in 2003, we went back out lo bid again and started over. What we are
here with this evening. is we are looking for a motion for an extension of the 2003 contrlel with Thoutt Brothers.
They did an excellent job last year. Their prices are very competitive. We shopped it out and we have compared it
• with what other cities have gotten, as far as bids go, this year . A couple of minor exceptions .. .lut year Tboutt was
taking trees out for $185 .00. We took. out a lot of them, because that item should have been about $1,400.00 and
this year it has been raised to between $500.00 to $1,100.00 ... to be fair with them. Also, with asphalt patching, we
had to raise that urtil price a little bit. That is what we are asking to do is to award this contract to Thoutt Brothers
for $428.535.00. One thing that we do, as the communication states, is we include the CoDCTete Program, which has
money that is put in the PIF to provide handicap ramps . It is our efforts to comply with ADA requirements for the
City. We include those and if we have money for Missing Links sidewalks. we include that work as well, in one
contract, so that we get the economy of scale. That is what this package amounts to. The Concrete Utility portion is
actually, construction wise, $376.000.00, and we have another $52,500.00 that we would use for ramps. The
Sidewalk Missing Links portion has yet to be determined, because we have been usina the Sidewalk Missing Links
money as our match on the TEA-21 projects on University and Belleview. Those projects aren't complete and we
know we arc still going to have a balance in those accounts, but we don't know what it is yet. so we will see how
that works out. I know there is some sidewalk on Zuni that we have been trying to get in, for three years or so. We
have been waili ng on Xcel to move some poles, so I think we will be able to do that work this year as well .
Mayor Garrett said i there any que lions regarding the extension. There were none .
C OUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM
11 (c) (U) • THE EXTENSION OF THE 2003 CONSTRUCTION CONTRACT FOR CONCRETE UTILITY
2004, CONCRETE PROGRAM 206', AND SIDEWALi\. MISSING LINKS lGN TO TIIOUTT IROTHERS
CONCRETE CONTRACTORS INC., IN TIIE AMOUNT OF $421,535.00.
Mayor Garrett asked 1f there was any discussion. There was none .
ote rtilllts:
1ouon arr1cd .
Aye :
ay :
Council Members Bam:nune. Moore. Bradshaw. Garrett. Wolosyn.
Yurchick. Tomasso
None
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Englewood City Council
April 19, 2004
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Dircc1or Kahm said did I gel a nod lo go forward on lhc opl-outs? Council gave him the go ahead. Mr. Kahm said
thank you very much.
12 . General Discussion
(a) Mayor's Choice
(i) Mayor Garrett said last Thursday I had somewhat of a dual .role. The Sports Authority
was elected, or nominated, and won the Colorado Business of the Year by the Colorado E.conomic Developers
Council. That was very nice. Ci1y Manager Scars and City Attorney Brotzman were there.
(ii) Mayor Garrett said May 8111 is tour of our Water Park . The letters did go out. They have
probably been received by quite a few people. In fact. this morning someone was thanking me for getting their
lellcr. so they arc excited. It is fun to go by and watch that thing grow and it really looks neat.
(iii) Mayor Garrett said next week we arc doing our road show. Between 6:00 p.m. and 7:00
p .m. we will have a general discussion with citizens who come to the meeting. At 7:00 p.m. we will have our formal
Study Session. We will look forward to seeing you next week.
(b) Council Members' Choice
(i) Council Member Barrentine said I want to thank Sue Osborne for following up with some
citizen questions regarding Code Enforcement. I want to thank Larry Medina, Code Enforcement Officer, for taking
me on a tour of District I and giving me a little bit more insight into their job. And I also want to thank Ken Ross
for providing handicapped parking information to Linda and James Fall at 4100 South Grant and contacting
residents on Oxford concerning truck traffic .
(ii) Council Member Tomasso said on Thursday night the Historical Society is doing a
presentation. Bungalow Heaven. dealing with the bungalow-style arts and crafts houses in Englewood. The person
givin g the presentation is from the Colorado Arts and Crafts Society. It should be a very interesting program. They
will have some discussion on how to add to your arts and crafts houses. You know, in an appropriate style, so it is
conducive to the architecture and some other things you can do for your houses. So that will be in the Community
Room at 7:00 p.m . on Thursday. '
(iii) Council Member Yurchick said we may have resolved this in that budget meeting on
Sa1urday and I jusl don't remember. But I was wondering about the three Safety Services positions that we funded
1hrough the middle of May. Mayor Garrett said May 3'" is when tha1 discussion will take place. City Manager Scars
said ii is coming back wi1h a presentation wilh Chris Olson on those three in panicular.
(iv) Council Member Wolo yn :
I . She said I did attend the South Broadway Plan presentation last Wednesday and I thought it was very
posi ll\'C in thal yes. o bjecllOns were voiced at the beginning. bur then I think over the course of the evening, the
conversa1i o n de\'elopcd imo a pretty msigh1ful and differenl son of discussion aboul what we would like South
Broadway 10 be and wh y we have 1hi Plan. I th ink thal I see the fact that we do want to improve the quali1y of life
of 1he cnlire Cil)' by tr ymg 10 raise the face of our C11y ... thal is so cvidcnl to me tha1 I see it when I read it. but I
1h1nk lhcre I probably somc1h1ng 10 be s:ud for addmg language like that. I believe Community Development l!Qrd
1ha1 luud and clear and made notes o n that But I thousht ii was a good plan and I though! staff. and everybody in
o ur commumt). handled o ursclvc quue .,.ell. It.,.. fun. ac1ually.
:?. She said 1hc ne I morning I rood in for the Mayor at the Wastewa1cr Plant. with Gary Sears. Dan
Bro 1z man. 1he Mayo r of Lmle1on and the enurc staff or the Wastewater Trcatmcnl Plant. where we received a
delega11o n rrom R.,. andan. The President ouldn ·1 come. I think some or the staff met lum at another buildinc, after
1hc d1 uss 1o n at the Was 1c...-a1cr Planl. II.,. cry 1n1crcsung and II was son or hwnbhn& to see what other people
arc dealing .,. ,1h I dro,·c home thuu.1ng. I gc1 all or th1 for SI 00.00 or S200.00 a )Ut? I think thal was what they
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Englewood City Councll
April 19, 2004
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said, I can't remember. It was a wonderful opportunity to meet people from another country, see their problems and
put what we do in perspective. I wanted to commend all of you. I thought you did a wonderful job.
3. She said I had requested a waiver of the Swedish banner fee . However, subsequent conversations with the
City Attorney made me realize that it is actually not necessary. The Cultural Arts Commission voted to sponsor one
of the Dala Horses that Swedish is having painted and placed throughout the community, as part of an awareness
plan. Every sponsor of $3,000.00 or more receives one of these blank Dala Horses, which is the little horse you sec
at Christmas time painted red ... that is part of Swedish tradition. So, to maltc a long story short, since the City is
sponsoring the Swedish Shots for Tots program through I% for the Arts money, we can hang that without all the red
tape of a resolution. I just wanted to keep everybody up to date on that.
4. She said thank you for passing the proclamation.
5. She said on Saturday, Englewood Arts is having a matinee chamber concert, Beethoven Septet.
13 . City Manqer'1 Report
(a) City Manager Scars said we were at the India exhibit, through the Museum of Outdoor Arts, on
Thursday night and I thought it was a well done.
(b) City Manager Scars said I also want to add that Mr . Fonda did do an outstanding job with the
Rwandan delegation. They were very intrigued with our facility . I know he would like to do an exhibit at some
point in time down the r ad, maybe for Council or for citiz.ens.
( c) City Manager Scars said I am going to be 0111 of town for a couple days al the end of this wedl:
My wife has an opportunity to travel and I am going to travel with her. So Mike will be here and dealing with the
Tri-Cities meeting Friday morning .
14 . City Attorney's Report
City Attorney Brotzman did not have any matters to bring before Council .
15 . Adjournment
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PLEASE PRINT
PUBLIC COMMENT ROSTER
AGENDA ITEM 7
¥IIITOR8 .
DATE: MAY 3, 2004
UNSCHEDULED VISITORS MAY SPEAK
FOR A MAXIMUM OF FIVE MINUTES
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WHER~S, each yea, the c,:::~"~:~::,: of fogl=ood, crno,ad~ ~
honors a Citizen of the Year who has made significant contributions to the community of
Englewood; and
WHEREAS, Selwyn Hewitt has been an Englewood resident for over 50 years,
actively serving the community in leadership roles focused on youth, education, art, and
recreation; and
WHEREAS, over the years, Mr. Hewitt has served on the Englewood School Board,
the Parks and Recreation Commission, the Malley Senior Recreation Center Trust Fund, the
Malley Center Advisory Board, served as President and CEO of the Arapahoe Philharmonic,
and was a long-time Scoutmaster; and
WHEREAS, Mr. Hewitt has been a strong supporter of the City of Englewood's
recreation programs, and was very instrumental in helping plan and gather support for the
recent recreation expansion projects; and
WHEREAS, the Englewood City Council wishes to honor Selwyn Hewitt for his many
outstanding contributions to the Englewood community;
NOW, THEREFORE, we, the City Council of the City of Englewood, Colorado
hereby take great pride in proclaiming
'Selwyn Hewitt as
6nglewoocl's Citizen of the Year for 2004
ADO PTED Al'.JD AP PROVED this 3•d day of May, 2004.
Douglas Garrett. Mayor Laurett Barrentine
Olga Wolosyn, Mayor Pro Tern Beverly J. Bradshaw
John Moore
Ray Tomasso
licha I Yurchick
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PROCLAMATION t
WHEREAS , Brian Vogt's leadership and dedication to business and community was
evident during his 14 years as Director of the South Metro Denver Chamber of Commerce;
and
WHEREAS, Mr. Vogt's leadership through the South Metro Chamber brought
together elected officials and business leaders to create a healthier economic future for
Englewood and all of Colorado; and
WHEREAS, Mr. Vogt was a strong supporter of Englewood's redevelopment efforts
on CityCenter Englewood; and
WHEREAS , Mr. Vogt spearheaded the development of the South Metro Denver
Small Business Development Center, which is a tremendous resource for Englewood
businesses seeking startup and expansion assistance ; and
WHEREAS , through the South Metro Denver Chamber, Mr. Vogt provided a
resource for Englewood businesses looking to broaden their network and create a regional
presence ; and
NOW, THEREFORE , we, the City Council of the City of Englewood, Colorado
hereby take pride in recognizing Brian Vogt's leadership that exemplifies the spirit of
community parti cipation and civic engagement. Mr. Vogt has made a lasting positive
impression on the business environment in the City of Englewood .
A DOPTED AN D APPRO VED this 3'd day of May, 2 004.
D o u gla s Garrett, Mayor
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COUNCIL COMMUNICATION
DATE : AGENDA ITEM SUBJECT: Appointment of Alternate
May 3, 2004 Be Member to the Board of Adjustment
and Appeals Vacancy
INITIATED BY: STAFF SOURCE:
Community Development Anthony J. Fruchd, Planner
COUNCIL GOAL AND PRMous COUNCIL ACTION;
At its April 19, 2004 meeting, City Council accepted the resignation of Jeffery Baker from the Board
of Adjustment and Appeals.
RECOMMENDED ACTION;
Staff recommends that City Council appoint Alternate Member Mr. Douglas Cohn to the Board of
Adjustment and Appeals vacancy created by the resignation of Mr. Jeffery Baker. Staff further
recommends that a new Alternate Member be appointed for the Board of Adjustment and Appeals.
BACKGROUND;
City Council created the Alternate Member position in order to fill vacancies in a timely manner
with citizens who are familiar with the duties and responsibilities of the Board. City Council
appointed Mr. Douglas Cohn as an Alternate Member on February 2, 2004.
Mr. Jeffery Baker submitted a letter, dated March 31, 2004 tendering his resignation from the Board
of Adjustment and Appeals. The resignation is effective immediately.
YSJ OF AJJACHMENJS;
Resolution
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~NNO. __
SERIES OF 2004
0
A RESOLUTION APPOINTING DOUGLAS COHN TO 1llE BOARD OF ADJUSTMENT
AND APPEALS FOR THE CITY OF ENGLEWOOD , COLORADO.
WHEREAS, the Englewood Board of Adjustments and Appeals has the authority to hear and
determine appeals from the refusal of building permits and other decisions regarding the
enforcement of the zoning regulations, to make exceptions to the zoning regulations and to
authorize variances from the strict application of zoning regulations ; and
WHEREAS, Douglas Cohn has served on the City of Englewood's Board of Adjustment and
Appeals as an alternate member; and
WHEREAS , currently there is a vacancy due to the resignation of a member of the Board; and
WHEREAS, the Englewood City Council desires to appoint Douglas Cohn as a regular
member to the Board of Adjustment and Appeals;
NOW, THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT :
Section I . Douglas Cohn is hereby appointed to the Englewood Board of Adjustment and
Appeals . Douglas Cohn 's tenn wiU be effective immediately and will expire February I , 2007 .
ADOPTED AND APPROVED this 3rd day of May , 2004 .
ATTE ST : Douglas Garrett, Mayor
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Elli s, City Clerk for th e City of Englewood, Colorado, hereby certify the
above is a true copy of Resolution No ._, Series of 2004.
Loucrishia A. Ellis, City Clerlt
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OllDINANCE NO. t
SERIES OF 2004
BY AUTHORITY
COUNCIL BILL NO. 6
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN ORDINANCE AUTHORIZING AN INTEROOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF WESTMINSTER, COLORADO AND THE CITY OF
ENGLEWOOD, COLORADO FOR AN EXCHANGE OF THE CITY OF
ENGLEWOOD'S ROTOMILLING SERVICES TO THE CITY OF WESTMINSTER IN
RETURN FOR THE SERVICES OF THE CITY OF WESTMINSTER STREET
STRIPING MACHINE
WHEREAS, the City of Englewood owns, operates and maintains a rotomilling
machine utilized to remove the asphalt or concrete surface from roadways for the
purpose of overlaying new asphalt or concrete; and
WHEREAS , the City of Westminster owns, operates and maintains a street striping
machine; and
WHEREAS, the City of Englewood has been providing rotomilling services to the
City o.f Westminster in exchange for paint striping service1 by the City of Westminster
for the past 15 years without a formal agreement; and
WHEREAS , both cities recognized that by sharing their equipment, they could
accomplish their needs without purchasing another piece of equipment; and
WHEREAS, this agreement provides the City of Westminster with rotomilling
services by the City of Englewood in exchange for the City of Westminster's striping
services for Englewood's streets; and
WHEREAS, the citizens of both the City of Englewood and the City of
Westminster benefit from such an agreement;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section I. The Intergovernmental Agreement, attached hereto as "Exhibit A," is
hereby accepted and approved by the Englewood C ity Council.
Sec tion 2. The Mayor is authorized to execute and the City Clerk to attest and seal
th e Agreement for and on behalf of the City of Englewood, Colorado.
Introduced, read in full , and passed on first reading on the 5th day of April, 2004.
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Published as & Bill for an Ordinance on the 23rd day of April, 2004 .
Read by title and passed on final reading on the 3rd day of May, 2004.
Published by title as Ordinance No. _, Series of 2004, on the 7th day of May, 2004 .
ATTEST: Douglas G11JTCtt, Mayor
Loucrishia A. Ellis, City Clerk
I, Loucrishia A . Ellis, City Clerk of the City of Englewood, Colorado, hereby
certify that the above and foregoing is a true copy of the Ordinance passed on final
reading and published by title as Ordinance No . __, Series of 2004 .
Loucriabia A. Ellis
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INTERGOVERNMENTAL AGREEMENT
THIS INTERGOVERNMENTAL AGREEMENT, dated this 15th day of
March , 2004_ , is made and entered into by and between the CITY OF
ENGLEWOOD, a municipal corporation ("Englewood"), and the CITY OF
WESTMINSTER, a municipal corporation ('Westminster").
WHEREAS, pursuant to C.R.S. § 29-1-203, C.R.S., as amended,
governmental entities may cooperate or contract with one another to provide any
function, service or facility lawfully authorized to each, and
WHEREAS, the each City owns machinery and employs operators for the
purpose of maintaining its streets,
and
WHEREAS, Englewood wishes to loan its milling machine to Westminster and
Westminster wishes to loan its striping machine to Englewood.
NOW THEREFORE, the Cities agree to exchange the use of the machines
according to the terms of th _is Agreement:
1 . Each City shall loan its machinery to the other City upon request of its
Street Operations Manager or other official designated by the City, for a period not to
exceed five (5) days per calendar year.
2. The machinery loaned by each City shall be operated by employees of the
lending City at all times .
3. The employees shall remain under the supervision and control of the
lending City even when wor1<ing in the other City, and the lending City shall remain
solely responsible for the employees' pay, benefits. and discipline.
4 . The lending City shall be responsible for any insurance of its machinery
and its transportation, and shall be responsible for repair and maintenance of its
machinery.
5 . Transportation to and from one City to the other will be arranged between
the Street Operation Managers of the two Cities, with the lending City to have final
control if there is any conflict.
6 . This Agreement shall commence with the calendar year of 2004 and shall
remain in effect until either City notifies the other of its desire to terminate the
Agreement upon thirty (30) days notice .
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IN WITNESS WHEREOF, the Cities here have executed this Agreement to be
effective as of the date first above written.
CITY OF WESTMINSTER
ATIEST:
APPROVED AS TO FORM:
Sharon Widener, Assistant City Attorney
CITY OF ENGLEWOOD
Douglas Garrett, Mayor
ATIEST:
Loucrisha A . Ellis. City Clerk
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BY AUTHORITY
ORDINANCE NO. t
SERIES OF 2004 --
COUNCIL BILL NO. 22
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN ml>INANCE APPROVING AND AU'l1fORIZING 111B BXBCU110N OP AN
INTERGOVERNMENTAL AGREEMENT FOR THE COLORADO EMERGENCY
MANAGEMENT BETWEEN nm ST ATE OF COLORADO AND nm CITY OF
ENGLEWOOD, COLORADO.
I
WHEREAS, the State annually and/or periodically receives funding from various
federal agencies, for the purpose of supporting emergency management activities
including administration, emergency planning, training, exercising, hazard mitigation,
disaster response and recovery, and procurement of facilities and equipment; and
WHEREAS, the State periodically, as disastcn arc declared and funds authorized,
receives funding from the State Disaster Emergency Fund; and FEMA under Public
Assistance and Hazard Mitigation Grant Programs, Robert T . Stafford Disaster Relief
and Emergency Assistance Act, for the purpose of disaster response, recovery and
mitigation; and
WHEREAS, local units of government, as well as other local organizations have
been determined to be authorized sub-grantees under these programs, as well as under
any future emergency management related legislation; and
WHEREAS, the City of Englewood, Safety Services Fire Division bas been
awarded a grant to move forward in its goals to enhance community and firefighter
safety;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO, THAT:
Sectjon 1. The Contract # 4EM98 between the State of Colorado for the use and
benefit of the Department of Local Affairs, Division of Local Government, Office of
Emergency Management and the City of Englewood, Colorado, attached hereto as
Exhibit A, is hereby accepted and approved the Englewood City Council.
Sectjon 2. The City Manager and City Cleric arc authorized to execute and attest
said Agreement for and on behalf of the City of Englewood.
Introduced, read in full, and passed on first reading on the 19th day of April, 2004.
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Published as a Bill for an Ordinance on the 23rd day of April, 2004.
Read by title and passed on final reading on the 3rd day of May, 2004.
Published by title as Ordinance No. __, Series of 2004, on the 7th day of May,
2004.
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 copy of the Ordinance passed on final
reading and published by title as Ordinance No. __, Series of 2004.
Loucrishia A . Ellis
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Department or Agency Number: NAA
CUN:
FEIN: 84-6000583
CFOA#: To be Indicated In each award letter
as annllcable
CONTRACT# 4EM98
This contract, made by and between the State of Colorado for the use and benefit of the Department
of Local Affairs , Division of Local Government, Office of Emergency Management (COEM), 15075
S . Golden Rd ., Golden , CO 80401, hereinafter referred to as the State, and the City of
Englewood hereinafter referred to as the Contractor,
WHEREAS , authority exists in the law and funds have been budgeted , appropriated, and otherwise
made available, and a sufficient unencumbered balance thereof remains available for payment in
Fund Number 100 or 260 , Contract Encumbrance Number: As detailed in grant award letter(sl:
and
WHEREAS , required approval , clearance, and coordination has been accomplished from and with
appropriate agencies; and
WHEREAS . the State annually and/or periodically receives funding from the following federal
agencies: the Federal Emergency Management Agency (FEMA)-under the Department of Veterans
Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act. 2000,
Public Law 106-7 4 : Robert T . Stafford Disaster Relief and Emergency Assistance Act, as amended,
Public Law 93-288 , as amended ; 42 U.S .C . 5121 et seq .; 42 U.S.C . 5195 et seq.; Omnibus
Consolidated Appropriations Act of 1997, Public Law 104-208; Superfund Amendment and
Reauthorization Act of 1991, Title Ill Public Law 9~99 as amended ; and Department of Defense
Authorization Act of 1986, Public Law 99-145 as amended ; Environmental Protection Agency (EPA)
-Emergency Planning Community Right to Know Act, 42 U .S . C . 11001 et seq ., and/or the Clean Air
Act, 42 U .S.C . 7412: U .S. Department of Transportation (DOD -under the Hazardous Materials
Uniform Transportation Safety Act 1990, Public Law 101-615. 49 U .S.C . 5101 et seq ., and the U.S.
Department of Justice (DoJ) -U .S. Department of Commerce. Justice, and State , the Judiciary and
Related Agencies Appropriations Act of 1999, Public Law 105-119. for the purpose of supporting
emergency management activities to include administration , emergency planning, training ,
exercising , hazard mitigation , disaster response and recovery , and procurement of facilitiea.and
equipment; and -
WHEREAS , the State periodically , as disasters are declared and funds authorized . receives funding
from the State Disaster Emergency Fund under C .R.S . 24-32-2106 (Colorado Disaster Emergency
Act of 1992); and FEMA under Public Assistance and Hazard Mitigation Grant Programs. Robert T .
Stafford Disaster Relief and Emergency Assistance Act , 'Public Law 93-288 , as amended . for the
purpose of disaster response , recovery and mitigation ; and
WHEREAS , local units of government (counties , cities and towns), Councils of Government (COG),
Local Emergency Planning Committees (LEPC). as well as certain public and private nonprofit
organizations have been determined to be authorized eligible sub-grantees under the above
identified Public Laws and statutes, as well as under any present or future emergency management
related legislation that identifies all or some of the entity types specified above as eligible
Subgrantees. and CFR 40 Part 33 , CFR 44 Parts 13 and 302 . CFR 49 Part 110 . and CFR 28 Part
66,and
WHEREAS . the Contractor has been determined to be an eligible entity as defined by the State 1n its
adm1nistrat1ve plan to contract with the State to undertake the services desired . and
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WHEREAS , the State annually or periodically distributes funds received to existing contractors,
determined to be eligible by the State using state and/or federal eligibility criteria and which are in
good standing, using State developed application process, and allocation procedure; and
WHEREAS, State fiscal rules require a State agency to enter into a contractual agreement in order
to pass funds to either a local governmental entity, a quasi-governmental entity such as an LEPC or
COG, or a private vendor, and
WHEREAS, this contract is in keeping with applicable State law CRS 24-50-50-4(2)(a)(c)(e), and
CRS 24-32-2105(6)(b), and the rules and regulations of the State, and
WHEREAS, the Contractor has been included as a potential funding recipient by the State for
emergency management related funding , to enter into this agreement and to undertake the services
desired by the State and federal government, and
WHEREAS, the Contractor is capable and desires to perform the services.
NOW THEREFORE it is agreed that:
1.
2 .
3 .
4 .
Scope of Work -The Contractor agrees to carry out the scope of work described in each of
its application packages for emergency management related activities, as approved by the
State in its grant award letter, and to do so in conformance with this contract and applicable
federal and state laws. rules . and regulations pertaining to each specific grant. Upon
acceptance of an award by the Contractor, such award letters and grant applications will
become a part of this contract until such time as the grant is closed out.
Time of Performance -This Contract shall become effective upon the date of proper
execution of this Contract by the State Controller or designee and shall continue for a period
of five years as long as the State continues to designate the Contractor as an eligible
recipient of funds and continues to make an allocation of funds to the Contractor. Grant
award letters and any amendments to the award letters for each specific grant will identify
the performance period for that grant.
Authority to Enter into Contract -The Contractor assures and warrants that it possesses
the legal authority to enter into this Contract. The person signing and executing this
Contract on behalf of the Contractor does hereby warrant and guarantee that he/she has full
authorization to execute this Contract.
Compensation and Method of Payment
Compensation -Grant award letters issued by the State under this Contract will authorize the
Contrar.tor to expend funds and initiate requests for reimbursement based on the amount of
the grant award in accordance with program policies . The State may allocate more or less
funds available on this contract using Grant Award Letters substantially equivalent to Exhibit
1 and bearing the approval of the State Controller or his designee. The Grant Award Letter
shall not be deemed valid until 1t shall have been approved by the State Controller or his
designee .
Method of Payment -Based upon receipt of requests from the Contractor for retmbursement
of funds expended under a grant award authorized under this contract, and provision by the
Contractor of the reports , and summary of documentation required under the grant, the State
will re1mbul"Se the Contractor for those eligible program costs incurred . Original
documentation will be kept on file with the Contractor. Payment and interest is subject to
State F iscal Rule 2 -5 and section 24-30-202(24) C .R S . (1999). The State warrant or
Electronic Func!s Transfer (EFT), will be issued for r91mbursement of eligible ax enses. In
those cases where a Contractor may have a cash flow problem venfied by the State, the
State m ay reimburse the Contr actor based upon unpaid vendor invoices or Purchase Orders
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(PO). In these cases, which are an exception to normal practice, the Contractor shall be
responsible for payment to the vendor and providing paid vendor invoices to the State for its
records . If a program authorizes advance payments of grant funds, such advances will be
made in accordance with the then current program policies and in compliance with standard
grant cash management practices as defined in 44 CFR Ch.1, Part 13.20, which require that
expenses be incurred as close to the draw down date of the funds as is practicable. In the
case of the Public Assistance program, the policies of that program shall have precedence
over the standard cash management practices.
Reversion of Excess Funds to the State
a) Any State or federal funds paid to the Contractor and not expended in connection
with an award letter shall be remitted to the State upon completion of the award or a
determination by the State that the scope of the grant will not be completed. Any State or
federal funds not required for completion of the award will be deobligated by the State.
b) It is expressly understood that if the Contractor receives state funds from this
Contract in excess of its fiscal year spending limit, all such excess funds from this Contract
shall revert to the State. Under no circumstances shall excess funds from this Contract be
refunded to other parties.
Financial Management· At all times , from the effective date of this contract until closeout of
each award issued hereunder and through the records retention period, the Contractor shall
maintain property segregated books of State funds , matching funds, and other funds
associated with each award . Contractor shall be responsible for accounting for and
reporting on any required match funding as indicated in the grant award letter. Records shall
be maintained in accordance with applicable local and State procedures, and appropriate
0MB circulars.
Reporting · The Contractor shall meet all reporting requirements in accordance with the
then current program policies . and any subsequent forms and related program policies as
required by the federal government or the State Office of Emergency Management (OEM).
Amendments-The State may request changes in the scope of services or any other
provision in an award letter. Such changes in the scope of services or other provision shall
be in writing via the issuance of an amended award letter, and shall be incorporated without
written amendment to this contract. Any revisions to the scope of services or any other
award provision initiated by the Contractor must be approved by the State and f£1rmalized
through an amendment to the award letter. The Grant Award Letter amendment shall not be
deemed valid until it shall have been approved by the State Controller or his designee.
A!!gi!
a) Discretionary Audit • The State . through the Executive Director of the Department.
the State Auditor. or any of their duly authorized representatives and the federal government
or any of its duly authorized representatives shall have the right to inspect, examine and
audit the Contractor's and any subcontractor's records , books, accounts and other relevant
documents. For the purposes of discretionary audit, the State specifically reserves the right
to hire an independent Certified Public Accountant of the State's choosing . A discretionary
audit may be requested at any time an6 for any reason from the effective date of this
Contract until five (5) years after the date of each grant's official closeout. provided that the
aud it is perfo rmed duri ng normal business hours .
b) Ma nc atory A ud it -Whether or not the State or the federal government calls for a
dis cretionary audit as provided above, the C o ntractor sh all include the Project in its annual
audit rep ort as req uired by 0MB Circular A-1 33, and/ or the Colorado Local Government
Audit L~w. 29-1-601 et seq , C R S .. and State implementing rules and regulations. Such
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audit reports shall be simultaneously submitted to the Department and the State Auditor or
federal agency as applicable. Thereafter, the Contractor shall supply the Department with
copies of all correspondence from the State Auditor or applicable federal agency related to
the relevant audit report. If the audit reveals evidence of non-compliance with applicable
requirements, the Department reserves the right to institute compliance or other appropriate
proceedings notwithstanding any other judicial or administrative actions filed pursuant to 29-
1-607 or 29-1-608, C .R.S .
10. Conflict of Interest
a) No employee of the Contractor shall perform or provide part-time services for
compensation, monetary or otherwise, to a consultant or consultant firm that has been
retained by the Contractor under the authority of this Contract.
b) The Contractor agrees that no person at any time exercising any function of
responsibility in connection with this project on behalf of the Contractor shall have or acquire
any personal financial or economic interest, direct or indirect, which will be materially
affected by this contract, except to the extent that he may receive compensation for his
performance pursuant to this contract.
c) A personal financial or economic interest includes, but is not limited to :
i) any business entity in which the person has a direct or indirect monetary
interest;
ii) any real property in which the person has a direct or indirect monetary
interest;
iii) any source of income, loans, or gifts received by or promised to the person
within twelve (12) months prior to the execution date of this contract;
iv) any business entity in which the person is a director, officer, general or
limited partner, trustee, employee, or holds any position of management.
For purposes of this subsection, indirect investment or interest means any investment or
interest owned by the spouse, parent, brother, sister. son . daughter, father-in-law , mother-in-
law, brother-in-law, sister-in-law , son-in-law. or daughter-in-law of the person by an agent or
his/her behalf, by a general, limited or silent partner of the person . by any business entity
controlled by said person, or by a trust in which he/she has substantial interest. A business
entity is controlled by a person if that person , his/her agent, or a relative as defined above
possesses more than fifty percent (50%) of the ownership interest. Said person has a
substantial economic interest in a trust when the person or an above-defined retaJive Mas a
present or future interest worth more than one thousand dollars ($1 ,000 .00).
d) In the event a conflict of interest. as described in this Paragraph 10, cannot be
avoided without frustrating :;~e purposes of this contract. the person involved in such a
conflict of interest shall submit to the Contractor and the State a full disclosure statement
setting forth the details of such conflict of interest. In cases of extreme and unacceptable
conflicts of interest, as determined by the State, the State reserves the right to terminate the
contract for cause , as provided in Paragraph 12 . Failure to file a disclosure statement
required by th is Paragraph 10 shall constitute grounds for termination of this contract for
cause by the State .
11 . Contract Suspension -If the Contractor fails to comply with any contractual prov ision , the
State may , after notice to the Contractor suspend the contract and withhold further payment
or proh1b 1t the Contractor from incurring additional obligation of contractual funds . pend ing
corr ective action by the Contractor or a decision by the State to term inate in accOl'dance with
Pa ragraph 12 . Contract T e rm ination . The State may determ ine to allow such necessary and
proper costs wh ich the Contractor could not reasonably avoid dunng the period of
suspension .
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Contract Termination. This Contract may be terminated as follows :
a) Termination Due to Loss of Funding • The parties hereto expressly recognize that the
Contractor is to be paid , reimbursed , or otherwise compensated with funds provided by the
federal government to the State for the purpose of contracting for the services provided for
herein, and therefore, the Contractor expressly understands and agrees that all its rights,
demands and claims to compensation arising under this Contract are contingent upon
receipt of such funds by the State. In the event that such funds or any part thereof are not
received by the State, the State may immediately terminate or amend this Contract. To the
extent that the Contractor must expend funds other than those provided by the State under
this Agreement or must provide in-kind services in performing the work agreed upon
hereunder, the State agrees that said expenditures and in-kind services are subject to the
availability and annual appropriation of funds by the Contractor for said purpose.
b) Termination for Cause· If, through any cause, the Contractor shall fail to fulfill in a
timely and proper manner its obligations under this Contract, or if the Contractor shall violate
any of the covenants , agreements, or stipulations of this Contract, the State shall thereupon
have the right to terminate this Contract for cause by giving written notice to the Contractor
of such termination and specifying the effective date thereof, at least twenty (20) days before
the effective date of such termination. In that event, all finished or unfinished documents.
data, studies, surveys. drawings, maps, models. photographs, and reports or other material
prepared by the Contractor under this Contract shall, at the option of the State, become its
property, and the Contractor shall be entitled to receive just and equitable compensation for
any satisfactory work completed on such documents and other materials .
Notwithstanding the above. the Contractor shall not be relieved of liability to the State for any
damages sustained by the State by virtue of any breach of the Contract by the Contractor,
and the State may withhold any payments to the Contractor for the purpose of offset until
such time as the exact amount of damages due the State from the Contractor is determined .
c) Termination for Convenience -The State may terminate the contract at any time the
State desires. The State shall effect such termination by giving written notice of the
termination to the Contractor and specifying the effective date thereof, at least twenty (20)
days before the effective date of such termination. In that event all materials and documents
as described above shall , at the option of the State. become its property and the Contractor
shall be entitled to receive just and equitable compensation for any satisfactory work
completed on such materials and documents.
13 . Integration -This contract as written with attachments and references , is intended as the
complete integration of all understanding between the parties at this time and no prior or
contemporaneous additions , deletion , or amendment hereto shall have any force or effect
whatsoever, unless embodied in a written award letter . award amendment or a contract
amendment incorporating such changes, executed and approved pursuant to applicable law.
14.
15
Severability -To the extent that this contract may be executed and performance of the
obligations of the parties may be accomplished within the intent of the contract, the terms of
the contract are severable . and should any term or provision hereof be declared invalid or
become inoperative for any reason , such invalidity or failure shall not affect the validity of any
other term or provision hereof. The waiver of any breach of a term hereof shall not be
construed as waiver of any other term nor as wa iver of a subsequent breach of the same
term .
Recapture Provisions • In the event that the Contractor falls to expend funds under this
contract in accordance With state laws and/or the prov1s1ons of this contract . the Department
reserves the nght to recapture state funds in an amount equivalent to the extent of the
noncompli ance Such nghts of recapture shall exist for a penod not to exceed three years
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following contract termination .
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Repayment by the Contractor of funds under this recapture provision shall occur within 30
days of demand, if the Contractor's failure is undisputed , or within 30 days of final judicial or
alternative dispute resolution determination, as appropriate.
16. Assignment -Neither party, nor any subcontractor hereto, may assign its rights or duties
under this contract without the prior written consent of the other party .
17.
18.
19.
Survival of Certain Contract Terms -Notwithstanding anything herein to the contrary, the
parties understand and agree that all terms and conditions of this Contract and the exhibits
and attachments hereto which may require continued performance or compliance beyond
the termination date of the Contract shall survive such termination date and shall be
enforceable by the State as provided herein in the event of such failure to perform or comply
by the Contractor or its subcontractors.
Nondiscrimination
a) The Contractor shall comply with all applicable state and federal laws, rules,
regulations and Executive Orders of the Governor of Colorado , involving non-discrimination
on the basis of race , color, religion, national origin, age, handicap, or sex. Contractor may
utilize the expertise of the State Minority Business Office within the Office of the Governor,
for assistance in complying with the nondiscrimination and affirmative action requirements of
this contract and applicable statutes.
b) The Americans with Disabilities Act of 1990. Public Law 101-336. also referred to as
the "ADA 28 CFR Part 35. The Contractor must comply with ADA, which provides
comprehensive civil rights protection to individuals with disabilities in the areas of
employment, public accommodations, state and local government services, and
telecommunications.
Records Rmntion -The Contractor shall retain for at least five (5) years after the State's
closeout of each grant all records required for the grant including documentation and
records of all expenditures incurred under the grant being dosed. Retention for longer than
the five years may be deemed necessary to resolve any matter which may be pending . This
retention is for the purpose of review and audit by the State, federal government or their
authorized representative.
20. Compliance with Federal Aarnm,ntlContract Terms and Conditions, Federal and
State Law and Program Rulfs and Reaulatlons -At all times during the performance of
this Contract, the Contractor shall strictly adhere to all applicable Federal and State laws that
have been or may hereafter be established . The Contractor shall also comply with all terms
and conditions that the State has entered into with the federal government as a part of the
grant application process and as spelled out in grant contracts/agreements, and all
applicable federal and state laws, rules , and regulations related to grant awards under this
contract. These include, but are not limited to , compliance with the following :
Americans with Disabilities Act including Title II , Subtitle A/24. U .S .C . Sec. 12101 et
seq and implementing regulations .
0MB Circulars A21 , A87 , A110, A124 . and A133 as applicable
31 U S C ' 1352 • Prohibition Against use of Federal Funds for Lobbying
Privacy Act of 19 74 , 5 U S .C . S 5529 and Regulations adopted thereunder
Certification r equired by 49 CFR Part 29, "Government Debarment and Suspension"
Drug Free Workplace
T itle VI of he C1v1I Rights Act 42 U S C Sec 2000 d-1 et seq and its implementing
regulauon 44 CFR part of et seq ·
Others as may be included 1n the grant award letter for a specific grant
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Unless otherwise agreed by the parties, the Contractor aaaumes and will discharge the
obligations of the State as grantee and recipient under the Federal Terms and Conditions,
including the specific and general assurances as may be covered in Appendices thereto,
concerning compliance of specific federal statutes such aa those addressing the Civil Rights
Adof 1964.
21 . Special Condition• and Award Acceptance -Beyond those conditions contained in this
contrad special conditions may be incorporated into a grant award letter in the Scope and/or
Grant Considerations paragraph(s) of the individual award or in an attachment to the award
letter. These conditions, upon Contractor's acceptance of the grant or any amendments
become a part of this contract, and legally binding under it Contractor failure to object in
writing to special conditions or other award provisions or terms within ten (10) days of the
date the grant award letter or amendment is received by the Contrador shall constitute
acceptance of same for the purposes of this paragraph.
22. Ex1fnt of Aa"'"""t-Thia Agreement is intended solely to fund the Project(•) propoNd by
Contractor and to define the rights and responsibilities between the parties with respect to
such funding. This Agreement is not intended to create any third party rights, nor are third
parties entitled to rely upon any provisions.
23. Atlaehmenta -The following items are considered to be attachments to and part of this
contract.
• Specific grant application packages from the jurisdiction
• State Grant Award Letters and all attachments to each award or amended award
letter for each specific grant funded. (Exhibit 1)
• General terms and conditions for each specific grant (Stated in each award lettar,
award amendment or their attachments)
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SPECIAL PROVISIONS
<For Use Only with lnter-Governmen!fll Contracql
I. CONTROLLER'S APPROVAL CRS 24-30-202 (I)
Th is contract shall not be deemed valid until it has been approved by the Controller of the State of Colorado or such assistant as he
may des ig nate.
2. FUND AVAILABILITY. CRS 24-30-202 (5.5)
Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being
appropriated. budgeted. and otherwise made available. ·
3. INDEMNIFICATION.
To the extent authoriz.ed by law. the Contractor shall indemnify, save, and hold harmless the State against any and all claims,
damages. liability and court awards including costs. expenses, and attorney fees incurred as a result of any act or omission by the
Contractor. or its employees. agents, subcontractors. or assignees pursuant to the terms of this contract.
No term or condition of this contract shall be construed or interpreted as a waiver, express or implied. of any of the immunities, rights,
benefits. protection. or other provisions for the panics. of the Colorado Governmental Immunity Act. CRS 24-10-101 et seq. or the
Federal Tort Claims Act. :!8 U.S.C. 1671 et s eq. as applicable. as now or hereafter amended.
4. INDEPENDENT CONTRACTOR..& CCR 801-2
THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS
AN EMPLOYEE . NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL BE
OR SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STATE . CONTRACTOR SHALL PAY WHEN DUE
A LL REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID BY THE
STATE PURS UAN T TO THISCONTRACT. CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR AND ITS
EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONTRACTOR OR
THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE
S UCH COVERAGE . CONTRACTOR SHALL HAVE NO AUTHORIZATION. EXPRESS OR IMPLIED. TO BIND THE STATE
TO ANY AGREEMENTS. LIABILITY. OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN.
CONTRACTOR SHALL PROVIDE AND KEEP IN FORCE WORKERS"COMPENSA TION (AND PROVIDE PROOF OF SUCH
I SURANCE WHE'.'J REQ UESTED BY THE ·STATE) AND UNEMPLOYMENT COMPENSATION INSURANCE IN THE
AM O UN TS REQ UIRED BY LAW . AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR. ITS
EM PL OYEES AND AGENTS.
5. ~ON-DISCRIMINATION.
The contractor agrees to compl y with the lener and the spirit of all applicable state and tederal laws respecting discrimination and
unfai r e mp loy ment practices .
6. CHOICE OF LAW.
The laws of the State of Co lorado and rules and regulations iss ued pursuant thereto shall be applied in the interpremtion. execution.
and e nfo rcement of thi s contract . Any prov isi on of th is contract. whether or not incorporated herein by reference. which provides for
arbitrat ion by any extra-judicial body or person or whi c h is ot herwise in conflict wi th sa id laws. rules. and reguhuions shall be
considered null and vo id. Nothing co ntained in an} provision incorporated herei n b} reierenc e which purports to negate thi s or any
other spec ial pro is ion in whole or in part shall be valid or enforceable or availa ble in :iny :iction at law whether by way of complaint,
defense. or otherwise. ny provision rendered null and void by the operation oithis provision will not invalidate the remainder of this
contract to the extent that the contract is capable of execution. At all ti mes Juri ng the performance of this contract. the Contractor
hall strict!~ adhere to all applicable federal and talc la-..s. rules. and regulations that have been or may hereafier be established.
7. SOFT\\ -\RE PIRA C , PROHIBITION. Gonraor's Encu1ivt Order D 002 00
,., '\tat< r "!her pubh, 1unds pa~ablc under thi> Contr:i.:t ,hall b.: u><d for th,: .x:4u1suiun. ,,p,r:111un ur m:iintffl:lllcc of computer so tt"an: in
\lolau on ot Ln u<d 1:ues cop~n ht IJ"'S or applkablc hc<n ing n.-strictions. The Clllltra.:tor herd,~ cc:ni ti.:s !NIL tor the term 011his con1r:1Ct :ind
:Ill) cMcn>1on>. the Contractor ha, in place appropria1.: ~ lcm and control s to pn:,rnt ;u.:h improper us.: or public !WldS. lflhe Suue Jetermincs that
the Contractor ,n 101J11on uf th, pan raph. the t:lte m:i~ .-.:n;is.: .Ill) n:med~ ••ailablc JI la" ur .:qui~ ur under thi~ contract. indudina. without
hm1t:111on .. mfflC'J1•1c term111:1uon ,•fth< .:ontra.:1.11\J .in~ re !Tk.-J~ consi.<1 <111 \\llh L:nual St:u ,-s cop~nvh1 la" or :111Pli<.-:ablc lic<.'llsin1 ttSlrictions.
8. EM PLOYEE Fl~ ;\Cl L I. TERE T. CRS !~ll-:01 A CRS ?~!t-507
The ,, .. natories a,er that 10 their no-.leJ c. no emplo~ee oft~ tat.: of Colorado has ;in~ penonal or benetic111I intettSI whatsoever
in 1he n 1c or prop<~ Ile n~d h.:rcin
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SPECIAL PROVISIONS
THE PARTIES HERETO HA VE EXECUTED THIS CONTRACT
CONTRACTOR: STATE OF COLORADO:
Bill Owens • GOVERNOR
Legal Name of Contracting Entity
City or Egpood By~-,--..,...,.....,,....--,---,,,----,---,,,-,-----
Mi chae l L. Beasley, Executive Director
84-§00033 Department of Local Affairs
Social Security Number or FEIN
Signature of Authorized Officer PRE-APPROVED FORM CONTRACT REVIEWER
Gary Sears, City ~anager
Print Name & Title of Authorized Officer
CORPORATIONS:
(A corporate seal or attestation is required.)
Attest (Seal) By __ ....,,,.--,---,---=--~--,,,---....,..,.---
(Corporate S.:cretary or EquivalenL or Town/City /County Clerk)
Loucrishia rt. Ellis, City Clerk
ALL CONTRACTS MUST BE APPROVED BY THE SJ.\JE CONTROLLER
CRS :~J0.202 requires that the State Coatroller approve au state eot1tl'IICIL TIiis eot1tract ii 110t valid utU die Stace
Controller. or such auistaat as he 111ay delepte. hu siped IL TIie coatnctor Is aot aadlortad IO hep• perforaa-utll die
contract is si1ned :and dated below. If perfol'lllllace bepu prior to Ille date below. die State of Colorado -, ._.. otllipNd
to pay ror the ~s :aad/or services provided. .,..
ST A TE CONTROLLER:
i'OIIM[ L a.nun
By~--,,--....,....,--,.~---------
Rose Marie Auten. Controller. DoL\
Date ______________ _
P31ie 9 Which is the Last of 9 Paps
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Exhibit 1
Sample COEM Grant Award Letter
Sample Amendment to Award Letter
and Attachment A
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STATE OF COLORADO
OFFICE OF EMERGENCY MANAGEMENT
Tommy F. Grier, Jr. -Director Division of L.oatl Government · DaPAllTMUff OP LOCAL Al'l'AIU -
Sample COEM Grant Award Letter ·:
_EM_ «Jurisdiction_lD»
INITIALA-_Xll_ -------
I· Part 1. Accoun11na:.ntorma11on ·
1. Contract Logging Inquiry Number (CUN): .CUN•
2. Award and Encumbrance Number: -EM ___ «Jurl9dlctlon_1D•
3. Accounting Une: (Prog. Name] CfDA #: __ . ___ COFRS: [Org]l(Appr]l(GBLJ/[RCAT]/cObjCode• • [Amount]
4. Vendor Number: «FEIN•
I-Part 2. Grant Information
5. ....,., Conv:,ct Numbtr; «Umb'911a_ Contract»
e. Award Mfldf to subaAntn: «Jurisdiction• Remit Addr9u if Dlffwent: ,._rd for; «Agency•
«Addrwsa• «Addrwsa2•
«City•, «State• cZlp•
Responsible Admlniatntar: dlrtlla• cl'lnlName,t cl.utName•, •TIiie•
1. !bi• Award Amount [Amount] !9111 Awfrdld To Qata; «Tot_to_Dnl• Aglount Rm ; d; ~·
Noea: GrwWAWCl-ma, be lnc:rwed ordecrwed bJ yw41111 rHllaclllaftolfunda. Talal ,....._ .... _ _.._,.
of tDlal ellgillle e ........ (wtllch ... ., Included In-kind --1111a ............................ ,. • ill-ldnd 11-'1 ptnij ..
includecl Ille following -wlH alaO be Included -(C.h .....,--wll -•CNCI KUial docu_.. call ......... ).
I. Performanq ptriod; ___. 20_, through ____ _, 20 __ .
9.~-
10. ~ · (moat grants wil re4Jrenc:e !he
grant applicat1on or annual program paper and indude the applicable document as Attachment 1.) .-•
11 . G'lnt Consideration,; A copy of the fiscal terms and conditions entered into by the Sta.\e and the aforemenlioned
juri sdiction ,s attached (Attachment A ). All attachments hereto are incorporated by reference. (Specjflc !fPOlljnq
documentation and other requirements will be listed here)
All requests for reimbursement including documentation for all upenses -due to the COEM no laW lhan __ days after
the end of th e performance penod. CRS 24-30-202 requirw that the Stall Controller approve all .-.. c:ontractll. Thie
contract is not valid until the State Controller, or such naistant • he may ......_, hN eigll9d It.
12. Reviewed By : ____________ Data: ____ 13. lnemt lY: Colorado Offlce of Emergency Man111menl
14. Approved : State Controller, Arthur L Barnhart ~---,~,----.,---------Datil: ___ _
T-, F. Grier, .M., Director
By : Da•: ----
RON Mane Auten , Controller, DoLA
NOTE Acceptance of the grant ,mphes agreement with the tenn1 and condillons • staled on the fflMler connct and the ~ to 1h11
iwiro"letter
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1507 5 South Golden Road, Golden, Colondo ICM01-317t (30ll 273-1U2 ,u (303) Z73-17tl TOO (J03) 27).11M
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STATE OF COLORADO
OFFICE OF EMERGENCY MANAGEMENT DID•ARTMINT OP LOCAL AFPAIIIS -
Tommy F. Griff,,, .. "'""~ Sample Amendm:~ ~: ... ,mm-•
COEM Grant Award Letter
_EM __ «Jurisdiction ID»
INITIAI.AWNIO__ INCReASll_lWC_ --_..l...._ 11_
Part 1. Accounting Information
1 . Contrac:t Logging Inquiry Number (CUN): «CUN»
2. A-rd and Encumbrance Number: _EM ___ «Jurisdlctlon_lD•
3. Accounting Line: [Prog. Name) CFOA #: __ . ___ COFRS: [Org)/(Appr)/(GBLJ/(RCA TJl•ObjCode» • (Amount)
4 . Vendor Number: «FEIN»
I Part 2. Grant lnfonnatlon
5. Mgter Contract Numbtf; «Umbrella_Contract»
6. Award Made to Subgran1n : «Jurisdiction» Remit Addrna if Different:
Award for; «Agency»
«Add-• cAdd-2·
.City•, •Sta•• cZlp•
Responsible Admlnietntor: cllrtla» t1FlratNam•• •lastNam••. cTltlH
7. Thi• Award Amount (Anlount Added) Totaf Awarded To Data; •Tot_to_Date• Amount BRM11di «AmtReqlMStled»
Nol8: Grant A---may be lnc-.cl Of cleCt-.d by ,._4tld ...ilocalonof fundL Total ...... ....._..,,.. notaceec1_'4
of -eli9ible ·-(Wllicll may inchlded in-llincl match -lhla plWae to be i-1ad WIien appllcalllal-If in-kind _.. pt,,Ne is
included Ille loliowlflll -will also be included -(Call relffl'"'-will not aCNd .a,al c1oc:1 ... oe:11e1 caell ~I-
ll . Performanc;e ptriod; _____, 20_, through ._. ____ ., 20 __ . (Performance Period Extension)
9.~-
10. ~. (mostgrantswil referencethe
grant appllcafion or annual program pa per and include the applicable document aa Attachment 1.)
11 . Gran t Con1idf[1tlon1: A copy of the fiscal terms and conditions entered into by the State and the aforementioned
1unsdlci1on ,s attached (Attachment A). All attachments. hereto are incorporated by reference . ISpegfic reporting
dOCUmentaltOn and Other requirements WIii be listed here)
All requests for reimbursement ,nctudmg documentation for all expenses -due to the COE M no tater than __ days after
the end of the performance penod . CRS 24-30-202 requires that the Staa Controller approve all state contrac:ta. Thia
contract i1 not va lid until the State Controller, or s uch a .. istllnt a he may delegate, haa signed it.
12 . Rf'lifwtd By : ____________ Date : ____ 13. lffUld By : Colorado Office al Emefvetq Manegement
14 . Approved : State Controller, Arthur L Barnhart _______ .,,.,.. _______ Date : ___ _
Tommy F. Grier, Jr., Dlrwctof
By : ________________ Date : ----
Rose Ma ne Auten, Controller , OoLA
NOTE Acceptance of he grant 1mp1tes agreement w,th the term s and condabonl a stated ,n the muter contrac:t and the allachmena to this
iwiro\ener
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15075 South Golden Road, Golden. Colo,ado l0401 -3171 (30l) Z73-1U2 FAX (303) Jn.1711 TOO (>Ol) 2Tl-17M
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ATTACHMENT A
1. Compensation and Method of Payment
A. General:
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The State agrees to pay the Sub-Grantee, in consideration for the work and services to be performed,
an amount not to exceed the amount awarded to date. Payment will be made to the Sub-Grantee upon
receipt of legitimate invoices or claims from the Sub-Grantee for vendor services or other eligible
grant expenses. Such invoices will be summarized with the original supporting documents to be kept
on file by the Sub-Grantee. In specific cases where a Sub-Grantee may have a cash-flow problem,
verified by the State, the State may reimburse the Sub-Grantee based upon unpaid vendor invoices or
Purchase Orders (PO). In these cases, which are exceptions to normal practice, the Sub-Grantee shall
be responsible for payment to the vendor upon receiving funds from the State, and for providing proof
of such payment to the State.
B. Advance of Funds:
Some federal grants such as those for Disaster Assistance and for the Chemical Stockpile Emergency
Preparedness Program provide for an advance of funds. In such cases where the federal grant program
allows for advances, it will the State's (COEM) decision as to whether specific Sub-Grantee's
situation warrants the use of an advance . In cases where an advance of funds is authorized by the
State, the Sub-Grantee will be responsible for maintaining expenditure records, and reconciling such
expenditures with the advance of funds, based on a reporting schedule determined by the State. Funds
so advanced will be maintained in a non-interest bearing account by the Sub-Grantee until the time of
expenditure.
C. Year-end decbligation-real!ocation of funds:
A potential exists that the total amount of the grant award may be increased or decreased as a result of
a year-end deobligation or reallocation of funds made by the State. Such action may occur .uter the
end of the performance period for the grant. Such an action would either deobligate funds not
expended by this or another Sub-Grantee and/or reallocate funds to reimburse eligible program
expenses incurred by this or another Sub-Grantee during the performance period , for which
reimbursement has not been previously made. Such reallocation of funds shall not exceed tfle
percentage ofreimbursement, identified in the Grant Award Letter, of total eligible expenses incurred
by the Sub-Grantee . Such actions will be made by Grant Award Letter Amendment, indicating the
amount of the year-end deobligation or reallocation of funds made for the fiscal year, for each eligible
jurisdiction. This Amendment will be signed by both the Director of the Colorado Office of
Emergency Management, and the Department of Local Affairs' designee authorized to sign for the
State Controller. The Grant Award Letter Amendment will be a valid contract amendment, effective
retroactive to the contract performance period.
2. Current Award Period -This award shall be effective from the first date shown in the performance
period on the Grant Award Letter until ninety (90) days after the final date shown in such performance
period . For grants of an annual recurring nature the performance period routinely runs from October
I of one ye ar through September 30 of the next year . The federal appropriation process and in cases
of disaster declarations, the disaster declaration process is such that the actual funds for these
programs normally do not become available to the state until after the surting date of the performance
period . This results in grant award letters being issued by the state for :i performance period which
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may have started several months previously. The Sub-Grantee may have incurred eligible program
expenses during this period and is, therefore, entitled to reimbursement for same under the terms and
conditions of the grant program.
3 . Amendments -All additional award letters issued under the Initial Award will be considered
amendments only to the amounts or provisions in the Initial ~ward. All additional amounts awarded
subsequently under this Award will be subject to all of the terms and conditions attached to this
Award unless specifically amended therein. The State may request changes in the scope of services or
any other provision in the award letter. Such changes in the scope of services or other provision shall
be in writing via the issuance of an amended award letter, and shall be incorporated herein as part of
this award. Any revisions to the scope of services or any other award provision initiated by the
Contractor must be approved by the State and formalized through an amendment to the award letter.
The Grant Award Letter amendment shall not be deemed valid until it shall have been approved by the
State Controller or his designee.
4 . Financial Management -At all times from the effective date of this grant until completion of this
project, the Sub-Grantee shall maintain properly segregated books of state funds, matching funds, and
other funds associated with this project. Sub-Grantee shall be responsible for accounting for and
reporting on the required non-federal match for this grant, if one is required, either in hard or in-kind
match as provided for in applicable regulations. Records shall be maintained in accordance with
applicable local and state procedures and in accordance with applicable 0MB Circulars (A-87-110).
5 . Reporting -The Sub-Grantee shall meet all reporting requirements in accordance with the then
current program policies and any subsequent forms and related program policies as required by the
Federal Funding Agency or the State Office of Emergency Management (COEM). All changes of
policies or forms for the COEM shall be transmitted to Sub-Grantee in writing.
6 . Aud it.
a ) Discretionary Audit. The State, through the Executive Director of the Department, the
State Aud itor . or any of their duly authorized representatives and the federal government or any of its
du ly authorized representatives shall have the right to inspect, examine and audit the Contractor's and
any subcontractor's records. books, accounts and other relevant documents. For the purposes of
d iscretionary audit, the State specifically reserves the right to hire an independent Certified Public
Accountant of the State's choosing. A discretionary audit may be requested at any time and for any
reason from the effective date of this Contract until five (5) years after the date of each grant's official
clo seout. prov ided t~at the audit is perfonned during nonnal business hours .
b ) Man da to rv Au dit. Whether or not the State or the federa l government calls for a
discretionary aud it a s provided a bove , the Contractor shall include the Project in its annual audit
report as required by 0MB Ci rc ular A-1 33, a nd/or the Colorado Lo cal Government Aud it Law, 29-1-
601, et seq, C .R.S ., and State implementing ru les and regulations . Such audit reports shall be
simultaneously submitte d to the Department and the State Aud itor or federal agency as applicable.
Thereafter. the Contra ctor shall supply the Department with copies of all correspondence from the
State Auditor or app li cabl e fed e ral agency related to the re levant audit report. If the audit reveals
evidence of non-compliance w ith appli cable requirements, the Department reserves the ri ght to
institute compliance or othe r a pp rop ri ate proceedings notwithstand ing any other judicial or
administrati e actions filed pursu a nt to 29-1-607 or 29-1-608 . C .R.S .
l''DEPE>,1)E~'T COr,.;JRACTO R. ~ CC R 80 1-2 • THE CONT RA CT OR SHALL PERF OR.'vl
ITS 01.;'TtES HEREL 1',1)ER AS ,.\.'I INDEP ENDENT CONTRACTO R . .\J.'ID NOT .-\S .-\N
E::--.lPLOYEE ., :EITHER THE C01'o'T RACTOR NOR A.\IY :\GE~T O R EMP LOYE E O F THE
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' CONTRACTOR SHALL BE OR SHALL BE DEEMED TO BE AN AGENT OR E:MPLOYEE OF
THE STATE . CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT
TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID BY THE
STATE PURSUANT TO TIIlSCONTRACT. CONTRACTOR ACKNOWLEDGES THAT THE
CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT
INSURANCE BENEFITS UNLESS THE CONTRACTOR OR THIRD PARTY PROVIDES SUCH
COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH
COVERAGE . CONTRACTOR SHALL HA VE NO AUTHORIZATION, EXPRESS OR IMPLIED,
TO BIND TiiE STATE TO ANY AGREEMENTS, LIABil.ITY, OR UNDERSTANDING EXCEPT
AS EXPRESSLY SET FORTii HEREIN. CONTRACTOR SHALL PROVIDE AND KEEP IN
FORCE WORKERS'COMPENSATION (AND PROVIDE PROOF OF SUCH INSURANCE WHEN
REQUESTED BY THE STATE) AND UNEMPLOYMENT COMPENSATION INSURANCE IN
THE AMOUNTS REQUIRED BYLAW, AND SHALL BE SOLELY RESPONSmLE FOR THE
ACTS OF THE CONTRACTOR, ITS EMPLOYEES AND AGENTS.
8. Contract Termination. This Contract may be terminated as follows:
a) Tennination Due to Loss of Funding. The parties hereto expressly recognize that the Contractor is
to be paid, reimbursed, or otherwise compensated with funds provided to the State for the pwpose of
contracting for the services provided for herein, and therefore, the Contractor expressly understands
and agrees that all its rights, demands and claims to compensation arising under this Contract are
contingent upon receipt of such funds by the State. In the event that such funds or any part thereof are
not received by the State, the State may immediately terminate or amend this Contract. To the extent
that the Contractor must expend funds other than those provided by the State under this Agreement or
must prov ide in-kind services in perfonning the work agreed upon hereunder, the State agrees that
said expenditures and in-kind services are subject to the availability and annual appropriation of funds
by the Contractor for said purpose .
b) Tennination for Cause. If, through any cause, the Contractor shall fail to fulfill in a timely and
proper manner its obligations under this Contract, or if the Contractor shall violate any of the
covenants, agreements , or stipulations of this Contract, the State shall thereupon have the right to
terminate this Contract for cause by giving written notice to the Contractor of such termination and
specifying the effecti ve date thereof, at least twenty (20) days before the effective date of such
termination . In that event, all finished or unfinished documents , data, studies , surveys, drawings,
maps , mode ls, pho tographs , and repons or other material prepared by the Contractor under Ibis -
Contrac t shall , at the option of th e State, become its property, and the Contractor shall be entitled to
receive j ust and equitable co mp ensa tio n fo r any satisfactory work co mp leted on such doc uments and
other materials.
Notwithstanding the above, the Co ntractor shall not be relieved of liabi lity to th e State fo r any
damages sustained by the State by virtue of any breach of the Co ntr:1e t by the Contractor, an d the Sta te
may with.hold any payments to the Contractor fo r th e purpose of offse t un til suc h tim e as th e exac t
amoun t of damages due the Sta te fro m the Co ntract or is determined .
c) Termination for Convenience -The State may terminate the c ntrac t at any ti me the State des ires.
The State shall effect such termin at ion by giving wrinen notice of th e terminati on to the Contr3Cto r
and spec ifying the effective date thereof, at least twenty (20) days befo re the effectiv e date of suc h
terminati on. ln that event all materials and documents as described lbove shall , :u the option of the
State, become its property and the Contractor shall be en titled to recei e just and equitable
compe nsation fo r any satisfactory work completed on such materials and documents.
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9 . Severability-To the extent that this activity may be executed and performance of the obligations
of the parties may be accomplished within the intent of the terms and conditions, the terms of the
agreement are severable, and should any term or provision hereof be declared invalid or become
inope~~ti v for any reason, such invalidity or failure shall not affect the validity of any other term or
provision hereof. The waiver of any breach of a term hereof shall not be construed as a waiver of any
other term nor as waiver of a subsequent breach of the same term .
10. Assignment -Neither party, nor any subcontractor hereto, may assign its rights or duties
pertaining tothis grant without the prior written consent of the other party.
11. Non-discrimjpation -The Sub-Grantee shall comply with all applicable state and federal laws,
rules, regulations, and executive orders of the Governor of Colorado involving non-discriminatjon on
the basis of race, color, religion, national origin, age, handicap, or sex. Contractor may utilize the
expertise of the State Minority Business Office within the Office of the Governor, for assistance in
complying with the non-discrimination and affinnative action requirements of this grant and
applicable statutes.
12. Compliance with Federal Agreement Tenns and Conditions -Federal Law -Rules and Regulations
The Sub-Grantee shall comply with all terms and conditions the State has entered into with the federal
government as a part of the grant application process and as spelled out in the grant agreement
between the State of Colorado and the Federal Granting Agency, and all applicable federal laws, rules,
and regulations related to this program. These include, but are not limited to, compliance with the
following :
• Americans with Disabilities Act including Title II, Subtitle A/24, U .S.C. Sec. 12101 et seq and
implementing regulations.
o:rvm Circular A87, Al 10, Al22, and Al33 as applicable
• 31 U.S.C. S 1352 -Prohibition Against use ofFederal Funds for Lobbying.
Privacy Act of 1974, 5 U.S .C . S 5529 and Regulations adopted thereunder.
• Certification required by 49CFR Part 29, "Government Debarment and Suspension." .-·
Drug Fre e Workp lace
Title VI of the Civil Rights Act 42 U .S .C . Sec . 2000 d-1 et seq and its implementing regulation 44
C .F .R . part of et seq.
G.'Gri>IAdm111'conlr>C'.slwaivenl2 \A tW:hA ·Z 002
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COUNCIL COMMUNICATION
Date: Agenda Item: Subject :
Englewood Public Library's 2004
May 3, 2004 10 Ci "S ummer Food for Fines" Program
Initiated By: Staff Source:
Library Department Hank Long, Director of Library Services
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION ·
The Library has sponsored this popular program for the past 14 years, and each year the City
Council has voiced its support. In 2003, the "Food for Fines" program was expanded at the request
of the Library Board to cover two weeks during the summer as well as two weeks at the end of the
ca lendar year as a way to mitigate the increase in Overdue Library Fines and as a way to encourage
th e tim ely return of EPL materials so that they can be used by more people. The two weeks of the
Summer Food for Fines program covers the last week of the public school year and the first week of
vacations, a tim e during which students and teachers are cleaning out their desks and lockers in
preparation for the summer break and numerous overdue Library materials are 'miraculously'
discovered. Last year, the two week "Summer Food for Fines" effort resulted in approximately
$1 ,100 in donated food items for the Interfaith Community Servi ces food bank. with another
$1,550 in estimated donations coming from our two week "Winter Food for Fines• program . We
expect si milar results again this year.
RECOMMENDED ACTION
The Library D epartm ent re commen ds City Council approval of a resolution authorizing the Library
DeJDartment to implement its 2004 "Summer Food for Fines" program from Monday, May 24
through Sunday, June 6, 2004.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Fo r th e past 14 yea rs, th e Englewood Public Library has sponsored its "Food for Fines" program
w hic h all ows patrons with fines on their overdue EPL books and other materi3ls to "pay" them off
th ro ugh th e donation of non-perishable food items, e.g. one food item cancels ou t the late charges
(no t los t o r damaged charges) on one overdue item . These food items must be presented to the
Library Staff at the Circulation Desk in order for the fines to be cleared from the patron's computer
reco rd . The c ollected food items are then forwarded to Interfaith Community Services for their
"food ba nk" di stribution to financially disadvantaged families in the Englewood area . This program
has bee n wa rml y recei v ed by the public since its inception, and Library patrons now look forward t o
it. Besid es provi ding resources to r.eedy families in this community, the program presents a posit11,,e
image of th e Library and the City, i.e. a "win-win " ituation fore rv o ne in olved The *Summ r
Food fo r Fines " program and the "Winter Food for Fin • a h run for two \ k per tOd
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FINANCIAL IMPACT
• Since its ince ption, this program has raised an estimated $18,500 in donated food items to
assist needy families in the Englewood area .
• The Library historically averages $1,200-$1,500 per month in collected "late charges" (i.e.
charges on books and other items returned past their original "due date" and past the 3 day
grace period). This revenue goes into the City's General Fund .
• Historically, this amount of overdue fines has dropped to .1n average of $800-$1,000 per
month during our annual FFF programs which means that the City loses several hundred
dollars in revenues as a result of this effort. However, that loss is more than offset by the
"good will " this program generates among Library patrons and by getting the Library
materials back on the shelves for others to use .
LIST OF ATTACHMENTS
Proposed Resolution
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RESOLUTION NO.
SERIES OF 2004
A RESOLUTION AUTHORIZING THE ENGLEWOOD PUBLIC UBRAaY TO
IMPLEMENT THE SUMMER "FOOD FOR FINES" PROGRAM FROM MONDAY, MAY 24
THROUGH SUNDAY, JUNE 6 , 2004 .
WHEREAS, the Englewood Public Library has sponsored a "Food for Fines" program during
the November/December holidays for the past fourteen years ; and
WHEREAS, the "Food for Fines" program allows patrons with overdue fines to "pay " them
off through the donation of non-perishable food items; and
WHEREAS. the food items arc then forwarded to the Interfaith Community Services for their
"food bank" distribution to financially disadvantaged families in the Englewood uea; and
WHEREAS, the program is a benefit to the community in that the disadvantaged are assisted;
the air cleared with respect to fines ; the City receives its library materials back and the program
presents a positive image of the Library and the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
~-The Enalewood City Council hereby authorizes the Enalewood Public Library's
implementation of the Summer "Food For Fines" propvn from Monday, May 24, duouah
Sunday, June 6, 2004. The "Food For Fines" will then be forwarded to the Interfaith Community
Services for di stribution 10 financially disadvantaaed families in the Enalewood area.
ADOPTED A ND APPROVED this 3rd day of May , 2004.
ATTE T . Dou11 las Gamn, Mayor
I. Lou n tu ,\ Elh , Ctty Cieri; fo r the C'tty of Enalewood , Colorado, hereby certify the
\e 1 .i rru op fRe luuon , o __ , Serles o f :?004.
Loucn stua A . Elias, C n y lerlt
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COUNCIL COMMUNICATION
DATE: AGENDA ITEM SUBJECT: Intergovernmental
May 3, 2004 11 a i Agreement: the City & Arapahoe
Community College
INITIATED BY : Community Development STAFF SOURCE: Janet Grimmett, Housing
Finance Specialist
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION;
Council passed Ordinance No. 25 , Series of 2002, and Ordinance No. 36, Series of 2003, authorizing
an agreement with Arapahoe Community College/Arapahoe-Douglas Career and Technical School to
build a single family residence at 2133 W. Wesley Avenue and 4673 S. Grant Street respectively.
RECOMMENDED ACTION;
Approve a Bill for an Ordinance authorizing the execution of an Intergovernmental Agreement with
Arapahoe Community College for the Ar~oe-Oouglas Career and Technical School for the
school year of 2004/2005 to build one single family residence at one of the sites created through
the resubdivision of land surrounding 2399 W . Wesley Avenue.
BACKGROUND, ANAL)'.SIS. AND AIJJINAJMS IQfNTIFIED;
The City of Englewood first becam • imolv ed with the Arapahoe Community College/Arapahoe-
Douglas Career and Techn ' I hool (ACTS ) during 1985 when the principal of Colorado's Finest
Alternative High Sch ool con t t ed C uff fOf as istance in expanding the building trades
program .
Community College and five schools districts, including
ed to all of th e building trades (i.e . framing. drywall, masonry,
elec tri ca l, pl umbing. 11 t ). Th learn to appreciate how each trade affects the other.
Students are of all (men nd om n ahk e) and come from all backgrounds.
1he d ,eloper providing construction funds from the Housing
). A t con tractor will be hired to coordinate the day-to-day building
n tnl(t and sludents. The house will be sold after completion of the
r tum d t o Fund 46.
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The site for the 2004 -2005 school year will be one of the lots created through the resubdivision of
land surrounding 2399 W. Wesley Avenue. The land is already owned by the City purchased with
funds from the Housing Rehabilitation Fund.
FINANCIAL IMPACT;
The existing employees in Community Development are available to administer the project and
their salaries and benefits are part of the City's contribution.
LIST OF ATTACHMENTS;
Bill for an Ordinance.
ORDINANCE NO.
SERIES OF 2004
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BY AUTHORITY .. .
'" • I" ~ 23
iUNCIL I • ) ~ .!., • "' ~ •
MEMBER ------
AN ORDINANCE AUTIIORIZING AN INTBR.OOVERNMBNTAL AOI.BBMBNT
BETWEEN ARAPAHOE COMMUNITY COLLEGE/ARAPAHOE-DOUGLAS
CARBBll AND TECHNICAL SCHOOL AND 111B CITY OP BNGLBWOOD f
PERTAINING TO THE BUIL.DING Of A SINGLE FAMILY RESIDENCE AT A
WHEREAS, the City Council of the City of Englewood bas committed to reviewing
options for housing and developing a strategy to enhance diverse housing options in the
community; and
WHEREAS, the City of Englewood became involved with Arapahoe Community
College Arapahoe-Douglas Career and Technical School (ACTS) during 198S when the
principal of Colorado's Finest Alternative High School contacted the City for
assistance in expanding the building trades program; and
WHEREAS, the ACTS program was able to offer a two year Comprehensive
Building Trades program for high school students and adults to have a "bands-on"
experience in building a home from the ground up throughout the school year; and
WHEREAS, City will act in the role of the developer by providing construction
funds from the Housing Rehabilitation Fund and a site contractor will be hired to
coordinate the day-to-day building activities with the ACTS instructor and students; and
WHEREAS, the site, with house, will be sold after completion of the project and the
proceeds will be returned to the Housing Rehabilitation Fund;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section I. The City Council of the City of Englewood, Colorado hereby
authorizes the Intergovernmental Agreement entitled "Agreement" between
Arapahoe Community College/Arapahoe-Douglas Career and Technical School and
the City of Englewood, a copy of which is marked as "Exhibit A" and attached
hereto .
Section 2. The Mayor and the City Clerk are hereby authorized to sign and attest
said Intergovernmental Agreement on behalf of the City of Englewood.
Introduced, read in full, and passed on first reading on the 3rd day of May 2004.
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Published as a Bill for an Ordinance on the 7th day of May, 2004.
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 coi,y of a Bill for an Ordinance, inlroduced, read in
full, and passed on first reading on the 3n1 day of May, 2004.
Loucrishia A . Ellis
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AGREEMENT
This Agreement, made this __ day of 2004, is between the
CITY OF ENGLEWOOD, COLORADO (the City), and the ARAPAHOE COMMUNITY
COLLEGE/ARAPAHOE-DOUGLAS CAREER AND TECHNICAL SCHOOL (ACC/ACTS) of
S900 South Santa Fe Drive-#AD 427, P . 0. Box 9002, Littleton, Colorado 80160-9002.
WHEREAS, the City desires to assist the students in the ACC/ ACTS program to gain
experience for their Comprehensive Building Trades ACTS classes; and
WHEREAS, ACC/ ACTS desires to provide practical on-the-job experience to Student
Laborers regularly enrolled m its Comprehensive Building Trades classes;
NOW, THEREFORE, in consideration of the mutual promises made herein the parties
agree as follows:
ARTICLE I -DUTIES
A. ACC/ACTS:
I. ACC/ ACTS shall provide student laborers to perform construction jobs related to
the consnuction of a dwelling located at a site to be determined (the "Project''),
according to the plans and specifications to be provided by the City. ACC/ACTS
sball provide work crews in separate classes.
2. ACC/ACTS sball instruct the Student Laborers in the construction trades' skills,
which they will need in order to perform their tasks in the construction of the
dwelling. ACC/ ACTS makes no representations that the Student Laborers will be
slcilled in the tasks they are asked to perform by the City. (See atta.::hed Task List
outlining responsibilities of the City and ACC/ ACTS .
3. ACC/ACTS shall make available at the construction site for use by the Student
Laborers in construction of the dwelling, band and power tools, except lbose
mentioned in Article 1-8. 3, as ACC/ACTS sball deem adcquale in quality and
quantity. To the extent that other equipment is needed for the Project and is
available wilbout cost to ACC/ACTS, ACC!ACTS shall provide the equipment. All
other equipment shall be the responsibility of the City.
4 . Transponation will be the responsibility of the student laborers and/or school
districts where applicable and provided.
B . THE CITY:
I. The City shall manage and supervise the construction Project. The City sball
obtain all permits, licenses, inspections and certificates, blueprints and utilities
(temporary service).
2. The City shall pay the costs of all materials used on the Project, for all
subcontractors other than ACC/ ACTS and all other costs associated with the
Project, except those which arc to be paid by ACC.' ACTS as set forth in thi s
Agreement
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The City shall provide each Student Laborer with the following tools or acceptable
substitute : Tool Belt -Atchison A427-SP, Framing Hammer Stanley -SI649, Tape
Measure -25' 33-425, Safety glasses UVEX S 129, Combination Square Stanley
46222, Chalk Line -Stanley 47-051, Utility Knife -Stanley 10-299, Hard Hat-
OSHA approved. The City shall not be responsible for the replacement of any
tools, which are lost or stolen. If the Student Laborer completes the course, he or
she shall be allowed to keep any of the tools remaining in his or her possession.
4. The City shall contribute $30.00 per Student Laborer toward the cost of jackets for
each Student Laborer.
S . The City shall have the right to object to the involvement or prevent the future
involvement of any Student Laborer in the Project for failure to adhere to
instructions of the City or its agents, violation of safety rules, and conduct which
may be harmful to the City, any of its officers, directors, agents or invitees or to
any other Student Laborer, or conduct which would constitute a misdemeanor or
felony . Every effort will be made to see completion of the Project within one
school year.
6 . The City shall require that subcontractors, other than ACC/ ACTS, shall take
reasonable time to explain the work they are perfonning. It is expressly agreed
that these explanations are merely incidental to the work to be perfonned by such
subcontractors and are to interfere as little as practicable with the subcontractors'
other duties.
ARTICLE U -LIABILITY
A. ACC/ACTS through the Consonium Districts shall maintain, at the District Member's
sole cost, adequate Workers' Compensation Insurance coverage for the Student
Laborers, during all times during which Student Laborers are working on the Project.
ACTS Consortium Districts shall provide evidence of insurai:ice upon the expiration and
renewal of any tenn of insurance or upon any change in Workers ' Compensation
Insurance coverage to ACTS Consortium Districts.
B. The City will not hold ACC/ACTS responsible for products and completion insurance
coverage.
C. The City shall maintain liability coverage for the Project .
D. ACC/ACTS shall provide an acceptable waiver of liability for each Student Laborer.
E. All personal property belonging ACC/ACTS o~ the Student Laborers that is in or on the
Project shall be there at the risk of ACC/ACTS. The City, its agents, directors or
employees shall not be liable for any damage thereto , unless such damage was caused
directly by the City, its agents, directors or employees. The City shall not be
responsible for providing security for a personal property left on the job site by
ACC/ACT or the St'.!dent L:lbcrcr..
ARTICLE 111 -TER.\:IINATION
A. Ei1her party may tenninate ibis Agreement at :my time upon 30 days written notice
mailed or delivered 10 the address set fonh abo e. The parties •!Vee that prior to
tennination of this Agreement by this provision, the parties shall meet or :mempc to
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meet to resolve any dispute. Either party may, for any reason whatsoever, terminate
this Agreement after any such meeting or attempted meeting pursuact to this
provision. Neither party shall be liable to the other for any actual or perceived lack of
good faith in attempting to resolve any dispute in accordance with this provision.
B. In the event of termination, the panics shall have no further obligation whatever under
this Agreement and the Student Laborers may keep any tool belts and tools, which have
been, supplied them.
C. This Agreement may also be terminated if an acceptable site is not provided by the
City by a date mutually acceptable to the parties.
ARTICLE IY -EOUAL OPPORTUNITY
ACC/ ACTS shall adhere to all federal, state and local starutes, ordinances and regulations
including, but nor limited to, equal opportunities and civil rights laws.
ARTICLE V W AIYER
No waiver of any provision of this Agreement shall be construed to be a waiver of any
subsequent breach of the same or any other provision of this Agreement.
ARTICLE VI -INTEGRATION
Any and all prior agreements between the parties hereto with respect ro the subject matter of
this Agreement arc hereby canceled and rcnninatcd. No amendments to this Agreement shall
be made other than by a written amendment signed by all the panics.
ARTICLE YU -AJTORNEYS' FEES
In the event of any action or proceeding brought by either party against the other under this
, Agreement the prevailing party shall be entitled to recover all expenses incurred therefore,
including but nor limited to, reasonable attorneys' fees .
ARTICLE vm -GOVERNING LA w
This Agreement is made and entered into in the State of Colorado, and shall in all ways be
governed and construed by the law of such State.
ARTICLE IX -INDEXING
All indexing set fonh in the margin of this Agreement arc intended for convenience only and
shall not control or affect the meaning, construction or effect of this Agreement or of any
of the provisions thereof.
ARTICLE X -SEYERABILIIY
If any provision of this Agreement is adjudicated invalid or against public policy for any
reason by a coun of competent jurisdiction, it is specifically intended that each and every
provision not so invalidated shall remain in full force and effect.
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ARTICLE XI -HEIRS. SUCCESSORS AND ASSIGNS
This Agreement shall inure to the benefit of and constitute a binding obligation upon the
contracting parties and their respective heirs, successors and usigns.
ARAPAHOE COMMUNITY COLLEGE/
ARAPAHOE/DOUGLAS CAREER AND
TECHNICAL SCHOOL
!L1&:&ri·
By: -c-aro""~""1""-I-B""n ... en"",""A·CT-S"-D-1-·rec-to-r-----
ARAPAHOE COMMUNITY COLLEGE
ARAPAHOE COMMUNITY COLLEGE a , "6~-a:54;, CherylT~
Vice President of Administrative Services
CITY OF ENGLEWOOD
By : ---------------Douglas Gancn, Mayor
ATTEST :
Loucrishia A. Ellis, Ciry Cleric
Date:
Date:
Date :-----
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CITY Of ENGLEWOOD
Temp Service set
All legals and land permits
Contractor License to Excavation
Foundation
Underground Plumbing
Truss order
Exterior (siding)
Gutters
Garage OH door
HVAC
Rough plumbing
Rough electrical
Insulation
Drywall finish/texture
Painting interior & exterior
Ceramic rile
Concrete drive/walk
Cabinets & tops
Finish plumbing
Finish electrical
Floor coverings
SprinklcB/landscape
Provide :i boom truck if needed
TASKUST*
ACC/ACTS CAREER AND
UCUNICAL SCHOOL
Bick brace foundation
Floor framing/subtloor
Wall framing/Sheathing
Roof Truss/Stick build
Roof sheathing dry in
Shingles (3 tab)
Window/Exterior doors
Hang drywall
All lnterior doors
Closet shelves
Case Base trim
W'mdow sills
Medicine cabinets
Towel ban & T .P.
Hardware
Set appliances (no built in oven)
• Th is task list can be adjusted by mutual agreement of the (2) panics should scheduling
require an adjustment
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COUNCIL COMMUNICATION
Date Agenda Item Subject:
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Ordinance to Authorize Sale of
May 3, 2004 11 a ii 4673 S. Grant St., 2357 W. Wesley
Ave. and 2399 W. Wesley Ave .
INITIATED BY: I STAFF SOURCE:
Communitv Develooment Deot. lanet Grimmett Housin11: Finance Specialist
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council approved Ordinance 63, Series 2003 acquiring a vacant property at 4673 S. Grant St. as the
designated site to build a single family residence in partnership with the Arapahoe Community
College/AVS Career and Technical School.
Council approved Ordinance 82, Series 2000 acquiring 2357 W . Wesley Ave and Ordinance 83, Series
2000 acq uiring 2399 W. Wesley Ave . At the March 8. 2004 Council Study Session, Council was in
consensus to sell both units after the resubdivision of land surrounding 2399 W . Wesley Ave .
RECOMMENDED ACTION
To approve a bill for an ordinance authorizing to sell the following residential properties: 4673 South
Grant Street, 2357 West Wesley Avenue and 2399 W . Wesley Avenue.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Arapahoe Community College AVS Career and Technical School (AVS) has built a house at 4()73 S.
Grant Street. The house was intended to be sold upon completion of the construction. The house is
scheduled for completion by the end of May 2004. The initial sale price will be set at $274,900 based
on a market analysis recently obtained. This will cover the costs of land acquisition, construction, and
realtor's fee . If the full price is realized, then it will also return an approximate 5% developer's fee. All
proceeds from the sale will be returned to the Housing Rehabilitation Fund (Fund 46).
The houses loca ted at 2357 and 2399 W . Wesley Avenue were acquired in 2000 as part of a proposed
housing redevelopment project. At the March 8, 2004 Council Study Session, Council was in
consensus to sell both exis ting units . The house at 2357 W . Wesley will be marketed for sale as soon
as possible set at a beginning sales price of $189,000. This will cover the initial acqui ition cost plus
the cos ts of dem olition of the illegal detached unit and a possible realtor's fee. The house at 2399 W .
We le Ave. , ill be marketed following the completion of the resubdivision of the surrounding land
which is an ti ci pated to be completed b the end of May. The exact sales price of 2399 W . Wesley Ave
wi ll likely be in the $160,000 to $180,000 range.
The an ticipa ted ale of future new homes built on the newly developed lots will probably sell in the
S'.!:!5 .000 t o S:?50,000 range. Onl after all units have been built and sold will the project realize its
an t1c1pa ted pro11t . Proceeds from the sale of all units will be returned to the Housing Rehabilitation
Fund (fund 46).
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N o ne of these properties may be sold to any City of Englewood employee, their family members, or to
an y business in which a City employee has a financial interest without prior Council approval.
FINANCIAL IMPACT
Fund 46 will c over all costs of development. There is no other financial impact to the City.
LIST OF ATTACHMENTS
A Bill for an Ordinance
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ORDINANCE NO .
SERIES OF 2004
BY AUTHORITY
A BILL FOR
COUNCIL BILL NO. 24 I
INTRODUCED BY COUNCIL
MEMBER ------
' AN ORDINANCE AUTHORIZING THE SALE OF THREE HOUSING
REHABILITATION FUND PROPERTIES, ON THE OPEN MARKET.
WHEREAS, the Englewood City Council approved acquiring 2357 West Wesley
Avenue and 2399 West Wesley Avenue by the passage of Ordinances No . 82 and No .
83, Series 2000 with the goal of developing and selling the properties after the
resubdivision of 2399 West Wesley Avenue; and
WHEREAS , the Englewood City Council approved acquiring 4673 South Grant
Street by the passage of Ordinance No. 63, Series 2003, as a designated site to build a
single family residence in partnership with the Arapahoe Community College/ A VS
Career and Technical School; and
WHEREAS, 4673 South Grant Street is nearing completion of construction and is
ready for sale; and
WHEREAS, these three developed properties are ready to be sold to private parties
who will secure their own financing, thereby replacing the City funds used and returning
the funds to the Housing Rehabilitation Fund;
NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD , COLORADO , AS FOLLOWS :
Section I . Approval is hereby given for the sale of three properties, which were
dev e loped by the Housing Rehabilitation Fund . Said properties will be sold to private
parties who shall secure their own financing and the City funds , which were used to
purchase and develop said properties, shall be returned to the Housing Rehabilitation
Fund .
Section 2. The properties to be so ld are:
I . 4673 South Grant Street
2 . 2357 Wes t Wesley Av e nu e
3 . 2399 West Wesley Avenue •
Section 3. The a pproval for sa le of the se properties shall not apply to City of
Englewood em ployees; their spouses or children ; or any business in which the City
employee ha s a financial interest . A propo sed sale to any of these parties must be
brought before City Council for approval.
Section 4 . T he Mayor and the City Clerk are authorized to sign and attest all papers
necessary 10 comple te th e ale of these properties pursuant to Section 71 of th e
Englewood City Chaner.
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Introduced , read in full, and passed on first reading on the 3rd day of May, 2004 .
Published as a Bill for an Ordinance on the 7th day of May , 2004 .
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 3rd day of May, 2004.
Loucrishia A. Ellis
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COUNCIL COMMUNICATION
Date ARenda Item -Subiect
Ordinance approving a subordination
May 3, 2004 11 a iii
agreement with the Colorado
Historical Foundation
INITIATED BY STAFF SOURCE
City Manager's Office Michael Flaherty, Assistant City Manager
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
In 1999 City Council authorized the purchase of the Thomas Skerritt House and the surround four lots in
order to preserve this historical site . In November of 2002, Council approved an option to purchase the
Skerritt House with Colorado Preservation, Inc. (CPI). That CPI exercised option on April 1, 2003, at which
time title was formally transferred, based on the terms of the option agreement, including payment of
$60,000 to the City.
The purpose of this action is to allow for a subordination agreement in favor of the Colorado Historic
Foundation Revolving Loan Fund, in order to secure their $197,000 improvement loan to CPI. This action
will relinquish the City's right in the deed for repurchase of the Skerritt House if rehabilitation is not
co mpleted. In exchange, CPI has agreed to file an historical easement in favor of the City and the Colorado
Historical Society, which will protect the City's original goal of rehabilation and preservation of the structure
as an historical property. The stabilization and rehabilitation of the Skerritt House is currently underway.
RECOMMENDED ACTION
Staff recommends Council approval of the ordinance approving this subordination agreement.
BA~KGROUND, ANALYSIS AND ALTERNATIVES IDENTIFIED
The City purchased the Skerritt House in order to preserve the building as a historical property. In 2001,
CPI submitted an option to purch ase the Skerritt House that would allow CPI to market the property to a
third parties for a use permitted under the current zoning. CPI has secured a grant from the Colorado
Historical Foundation and a loan from the Colorado Historical Foundation (CHF) Revolving Loan Fund to
stabilize the structure, rehabilitate the exterior and prepare the interior for adaptive reuse by a future
owner. In order to secure the loan from the CHF, CPI has requested that the City subordinate the
repurchase language in the sale agreement. In exchange the City has requested and received agreement
from CPI th ~t an historical easement in favor of the City will be recorded against the property. This
easemen t wi ll simila rly protect the interest of the City, as the repurchase agreement would, in that the
easemen t prohibits changes to the improvements of the property that are not consistent with the historical
cha ra ct er and significance of the property. The CHF grant and loan documents require that the
improvements be completed per the terms of those agreements .
FINANCIAL IMPACT
one
UST OF ATTACHMENTS
Council Bill for an Ordinance
Option to Purchase Agreement
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ORDINANCE NO.
SERIES OF 2004
BY AUTHORITY
COUNCIL BILL NO. 2S
INTRODUCED BY COUNCIL
MEMBER~~~~~-
Ql!l~~·uvRDINATIONAORBEMBNT
REVOLVING LOAN FUND,
~dPO BliSliRVi OF ENGLEWOOD,,
COLORADO FOR nm ltEHABll..ITAnON OF nm SKERRITI' PROPERTY.
WHEREAS, Colorado Preservation, Inc. (CPI) has acquired the Skerritt Property
from the City of Englewood for the purpose of completing renovation and rehabilitation
of improvements, consistent with the historic character of the Property; and
WHEREAS, the Colorado State Historical Grant is insufficient to pay all of the
required costs of rehabilitation of the Skerritt Property required; and
WHEREAS, CPI applied for and has been awarded a grant from the Colorado Historic
Foundation Revolving Loan Fund (CHF) for the rehabilitation of the Skerritt Property;
and
WHERAS, CPI and the City of Englewood have agreed to enter into a Subordination
Agreement with CHF Revolving Loan Fund to induce the CHF in making the loan;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TIIE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section ) . The Subordination Agreement between the CHF Revolving Loan fund,
the Colorado Preservation, Inc. and the City of Englewood, Colorado for the funding
to stabilize the structure, rehabilitate the exterior and prepare tile interior for
adaptive reuse by the future owner of the Skerritt Property, attached hereto as
Exhibit A, is hereby accepted and approved the Englewood City Council.
Section 2. The Mayor and City Clerk are authorized to execute and attest said
Ag reement for and on behalf of the City of Englewood.
Introduced, read in full , and passed on first reading on the 3rd day of May, 2004.
Publi shed as a Bill for an Ordinance on the 7th day of May, 2004.
Douglas Garrett, Mayor
ATTEST :
Loucrish ia A . Ellis, City C lerk
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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 3rd day of May, 2004.
Loucrishia A . Ellis
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APR 28 2004 11:17RN THONRS•F&QUINNSPC 7205548033
SUBORDINATION AGREEMENT
This SUBORDINATION AGheMENT (du "Subordination Aareemmt") is made this
_ day of Man:b, 2004, by City of Eqlcwood, a Colorado Home Rule Muniapa) Corpanmcn
('"Enalewood"), Cokndo Prelemdion, Inc., a Colorado Non-Profit Corporatioa ("CPlj, and
Colorado Historical Fouadatioo Rm>lvina Lom Fuud, a Colondo Non-Profit Carporatioo
("CHFj (CPI, Enalewood. and CHF collcctivdy, die '"Plnicsj.
A. CPI has acquired from Englewood a pan:el of real property localed iD Anpaboe County,
Colorado, toptber with tbe improvements loc:alcd tbaeon (the '"Property"), mere particularly
deacribed u follows:
Lots 14 through 17, inclusive. Bladt 6
Skmitt's Addition to Englewood, Third Filiq.
B. The Propmy is historically significant for a variety of reasons, inc:ludms the fact that it
was tbe residmc:e of tlie fint Ma)'OI' of the City of Englewood. CPI acquired the Property for
the purpose of completing renovation and rebabilitaaion of the improvcmmm, comisnmt with
the historic c:haramr of the Property.
C. The =ms 111d conditiom under wbich CPI acquiml the Property are set forth in a
Special Wmamy Deed dated April 1, 2003 (die "Deod"). The Deed impow conctitiCIIII on CPI
u the Grantee of the Deed. The conditions require CPI to complete certain rebabilitalion *Pl
by deadlines set forth in the Deed. The Deed ftlr1bcr provides an aptioD to n:purcbue tbe
Property in favor of Englewood, u Grantor, if the conditiom me noc ma by tbe scbednlod
deadlines.
D. CPI applied for and baa been awaded a pat from tho Colondo Sease Hialrical Fund
ID pay the costs of n:babilicuion of the Property. Howevlr, the llllOlllll of Ibo SHF plD1I ii
insufficient to pay all of the required COIII ofrebabiliarion oftbe Property required UDder lbe
Deed.
E. CPI applied for a loan from CHF for tho ~ of fuDdiDa the 'balance of the
anticipated cOIAI of rehabilicating the Property. CHF baa approved CPr s loan request, Sllbject
to subordinalion of Englewood's rights under the Deed to a lien to be plDtDd by CPI to secme
the CPI loan, in the amount of One HUDdred N"mcty-Seven Thouund Three Hundred Dollan
(S 197,300).
F. In order to induce CHF to make the refmenced loan to CPI pumant 10 the 1.olD
Agreement, CPI and Englewood have agreed to c:a11r iDlo dlil SubonlinlDClll Ap,anenc wilb.
CHF . Englewood wiabcs to fulfill the conditioll to the Loan detcribedr..bove by aabcrclinaliq
his interests and rights u provided herein .
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APR 28 2004 11:17AN THONASaFaQUINNaPC 7205548033
COYENANTS
NOW, TIIEREFORE, for good and valuable c:omidaation, the receipt and sufficiency
ofwbich iR bc:reby aclmowledpl, tbe parties ben:to qree • follows :
1. Qefipitjops. The following terms 5ball have the following JDOIDiogs:
1.1 CHP I 91P All principal, intaest, fees, com, enforc:emmt Clltpcmal (including
lepl fees and disburscmmts), coUamal protection expenses and odlollr nrimbunemmt or
indemnity obligations cvidcucing the loan by CHP to CPI to be secured by the Property, or
created in connection with the c:ommitmcnt by CHF to !om flmds to CPI in lbc amoant of One
Hundred Ninety-Seven Thousand Thn:c Hundred Dollm ($197,300) dml Scpcembcr 30, 2003,
and any extension, modification or rmewal thereof CHF Loui sball =qnasly im:lvdc my and
all inrcrest accruing or out of pocket col1S or expenses incmred after tbe date of any filing by or
against CPI of any petition UDdcr the mderal Banlauptcy Code or any other bmtruptey,
insolvency or reorganization act reprd)ess of wbedJcr CHF's claim. therdor is allowed or
allowable in lbc cue or proceeding relating tbmeto. The documems now or hereafter
evidc:ncing the CHF Loan, including without limitlltim, the Note, Deed of Trust, Loan
Agreement, md Security Agreement executed by CPI in connection therewith, are referred to
hcn:in as the "CHF Loan DocumenlS."
1.2 Deed Rcsqictions. All rights of Englewood or its succ:csson or uaigna under
the Deed.
1.3 Repurchase Option. The right of Englewood to repurchaae the Property pum1IDt
to the Deed.
1.4 Other Defined Terms. The capitalized tmms used in paral[Bph 7 bcrcof shall
have the meanings ascribed to such 1erms in the Deed.
2. Sub2rdivnon. The Deed Restrictions aod !he hpurchale Option shall be and hereby
are subonlina!Dd to !he full and final payment in cuh of the CHF Lola. The CHF Loan and the
CHF Loan Documents shall be senior 11> the Deed Rcstrictioaa or !he Repun:bale Option aad all
of the Subordinated Documenis urcspective of the time oftbe execution. delivery or isauace of
any thereof or tbe film& or recording for perfection of any tbaeof or tbe filina of any financing
statement or continuation statement n:lating to any thereof. Englawood will not take or omit to
take any action or assert any claim with IClpOCt to the Deed Rmtrictions or the Repurcbalc
Option which ii inconsis1ent with the provisioas of Ibis Subordination Agreement. WitboUl
limiting the foregoing, Englewood will not (a) usert, collect or enfon:e the Deed Rcstrictiom or
the Repurchase Option or any part thc:rcof or 1ake any action to foreclose or realize upon the
Deed Restrictions or the Repurchase Option or (b) accept a volunWy summ.der or tnnsfer of
the Property from CPI or modify any of tbe Deed R.cllrictions or tmms of the llepurcbase
Option, until the CHF Loan bu been finally paid in full in cash.
3. Right to Cun;. Upon the occurrence of a def&lllt by CPI Wider the terma of1be CHF
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APR 28 2004 11:17AM THONASaFIQUINNaPc 7205548033
Loan. prior to commcmc:ing any L-UOD or proceeding to foreclose its lien or otherwise enforce
its righls in the Property securing the CHF loan, CHF shall provide Englewood thirty (30) days
written notice and an opportunity to cure SIJCh defaults within such thirty (30) day period.
Such right to care shall apply to defau1la under any of the CHF Loan Docvmcmbl, IDd UDless
expressly stated in such CHF Loan Docmnmtl to the c:olllnry, any cure periods contained in
such documems shall be deemed to mcarpota111 the provisions of this panaraph 3. Where any
ocher DCtice or ript to cure is provided Ullder the CHF Loan Documc:nts. or are required by any
other contract or applicable law, said periods ml tbe cure period contained in tbil paragnph
shall nm concumntly.
4. Fon;closure. Englewood and CPI agree that, provided that the Property is subject to an
euement in favor of the Colorado Historic Foundation or its dOlipiee and tbe City of
Englewood prohibiting changes to the improvements to the Property that are DOt couis1alt wi1h
tbe historical cbmctllr and significance of the Property, any person acquiring any interest in
the Property aa a result of the enforcement of remedies provided in the CHF I.om Doc:ummts
(including without limitation, the holder of a Certificate of Purchue or a Public Tnwec' s Deed
INiDg from the fon:clolure of tbe Deed of Tnlst by a Public Trustee) sball 11kc such interest
fee and clear of any obligation to perform the Deed Restrictions or perform the Repmcbue
Opticm. If the Property is not subjected to an euemmt as provided above, any bolder of a
Cc:nificate of Purcbue or Public Trustee's Deed shall take such interest subject to the Deed
Restrictions and the Repun:bue Option.
S. Rgaffirmatiop o(Deed RggjgjQQI Englewood acknowledges tbat CPI bu not met the
iequiJaDeDt comained in puapaph l a of the Deed, to complere tbe F'ust Pbue of
Rehabilitalion no later lban Septanber 30, 2003. Enalewood and CPI agree to emnd tbe Fiat
Rehabilitation Deadline to December 31, 2005. Except • expressly provided bmeiD to tile
comrary, nothing contained in this Subordination Apeemcut shall impair, as between CPI md
Englewood, the oblipr:ion of CPI to complete the Reilabili1ation of the Property in accordance
with the Deed R.emictions.
6. Defense to Epforcc;mcpJ-If Englewood. in contravention of the terms of tbil
Sub rdination Agreemem. shall commeuce, JIIOIOCUIII er pKticip11e iD any suit, action or
prr, · ng against CPI to enforce tbe Deed llellric:tions or the Rcpmdlae Option, then CPI
ma) -rpose as a defense or plea the making of Ibis Subordimlion A&reemcm, and CHF may
intervene and interpose such defense or plea in i1s name or in the ume of CPL
7. Funhcr Assurances. Englewood agrees 10 cooperate with CHF should there be any
further documentation nccesaary to confirm tbe senior priority of the CHF Loan •
contemplated hereby.
s. CHFs Fm;dom of Dealing. Englewood ~ with respect to the CHF Loan and any
and all collmnl therefor or panntiea thereof, that CPI and CHF may apee to iDCrNN lbe
amount of the CHF Loan or ocbcnrise modify tbe IIIUIS of any of tbe CHF Lom. and CHF may
pant extensions of the time of payment or pcrfonnm:e to md mab compramises. iDcllldlna
releases of collarcral or pirantica, and MtdcmCDIS with CPI and aU other penau, iD each cue
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APR 28 2004 11:18AM THONASIFIQUINN#PC 7205548033
without the consent of Englewood or CPI and without afl'ec1:ing the agreemcn11 of Englewood
or CPI contained in this Subordination Agreement, provided however, !lat the pwpoae of any
inaease in the amount of the CHF Loan shall be limited to complecion of renovations of lbe
improvemenll to the Property, and not fur any odic:r project, or 1br the pncnl use of CPL The
rights confc:rred on CHF hereunder are solely 10 protect its inta'CIICI miclcr the Loan Docwncm
md shall not impose any duty upon it 10 exercise any sucb powen. CHF shall not rapcasible to
the Englewood or CPI for any act or failure to act or to emcisc or defend my Ji&bt gnmted
bemmder. All consema aad other actions of CHF COldmlplated by tbia Sllbordiiwion
Agreement may be given, taken. witbbeld or not aabn in CHFs cb::retion (wbedlm' or not so
apres:sed), and CPI waives any duty of CHF to cxacilc aood faith or any olber obligation to
act other tblD in CHF's sole iDterat.. No claim shall be made by Ena)ewood or CPI apinst
CHF or the affilia1a, directors, officen. employees or agents of CHP for any special, indirect,
c:omequCDtial or punitive damages in respect of any claim for breach of coatrKt or unds my
other theory of liability arising out of or relmd to the transactiom contempla1ed by this
Subordination Agremnent and the Loan Agreement, or any act, omisaion or evmt oc:amiq in
connec:tion themvitb; aad CPI and. Englewood hereby waive, release and ..-m not to sue upon
any claim for any such damaga, wbdher or not accrued and wbdher or not known or suspcctcd
to exist in its favor, now or hereafter.
9. Termjpatjon of Svbontiaelieu This Subordination Agreement shall continue in full
force and effect, and the obligatiom and agm:men11 of Englewood and CPI bc:reunder shall
continue to be fully operative, until all of the CHF Loin shall have been paid and satisfied in
full in cash and such fW1 payment and sansfactioa shall be fiDa1 and not avoidable. To the
extmt !lat CPI or my guarantor of or provider of collmral for tbe CHP Lou makes my
paymc:nt on the CHF Loan that is subsequently invalidated, declared to be frauduJem ar
preferential or set uide or is required to be repaid to a truseee. receiver or my o1ber party undfr
any bankruptcy, insolvency or reorpnization act, sme or federal law, cammon law or cqamhle
cause (such payment being heremaftcr referred to II a "Voided Payment"), then to tbe a1llllt of
such Voic:ted Payment, dlll portion oftbe CHF Loan that bad been previolllly Sllisfled by such
Voided Payment shall be mived IDd c:ominue in fhl1 force md e1l'ect II if such Voided
Payment bad never been made. ID tbe event that a Voided Paymmit is n:c:ovenNI !om CHF, an
Event of Default shall be dcemed 1D have existed and 10 be contimlin1 under tbe Sllbanlimlion
Agreement from the dire of CHFs initial receipt of such Voided Paymem wmJ the fllll llDOlllllt
of such Voided Payment is restored to CHF . During ay continuance of my sucb Evem of
Default, this Subordination Agreemenl shall be in ftll1 force and cffilct with n:spcc:t to lllc Deed
Restrictions or the Repun:hase Option . Upon the payment and satisfaction in fall in calh of all
of the CHF Loan, which payment shall be final and oot avoidable, tbis Subordination
Agreement will automatically terminate without any lddiaonal action by my party laemo .
10. ~. Except as otherwise cxprcssly provided bcrcin, any notice. order, instruction,
request or other communication required or pamitllld to be ziven under thil A&reezncnt shall be
in writing and deemed to have been properly given when delivered in person, or when seD1 by
telecopy or other elecuonic means and electronic confimwioa of error-free receipt is received
or upon receipt of notice sent by oc:rtificd or reptaed United Slaliel mail, mum ieceq,t
requested, postage prepaid, addrcsaed to the party at the addraa Rt tbr1h below such party's
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APR 28 2004 11:18A~ THO~ASaFIQUINNaPC 7205548033
Dime ai the end of this Agreement Any party may change its address for notices in the l1llUIDa'
set forth above.
11. Cqnstmctiop. This Subordination Agrcemeat shall be guw:med by and in1t1prcted in
accordance with the laws of the Sare of Colorado. The badinp used iD this Subordmation
Ap,c:mmt arc for conveaienc:c: of ,efum only and shall not affect the COIIICl1M:tica baeof.
Wbcncver the CODlnt requiJa or pcrmita, 1be siop1ar shall include the plural, !be plural sball
include the singular, and the lllllClllinc, feminine and acula' sbaD be treely interc:llanpble.
12.' Wajvcc of Jury Trial. EACH OF THE PARTIES WAIIVES ITS RIGHT TO A
JURY TRIAL WITH RESPECT TO ANY ACTION OR CLAIM ARISING 01JT or
ANY DISPUTE IN CONNECTION WITH TBJ8 SUBORDINATION AGREEMENT,
ANY RIGHTS OR OBLIGATIONS IIEllEtJNl)EJl OR THE PERFORMANCE or
SUCH RIGHTS AND OBUGATIONS. .
13. Seyerabjlity. If any provision of this Subordination Ap,ement or any lien or other right
hc:mmder shall be held to be invalid. illcpl or uncafon:able under applicable law in any
jurisdiction, such provision, lien or other right shall be ineffective only 10 the extent of such
invalidity, illeplity or unenfon:eability, which shall not affect any ocher provisions bcrcin or
any other lim or right granted bcreby or the validity, legality or enforceability of such
provision, lien or right in any other jurisdiction.
14. Miscel!IMPWI. Thia Subordination Agrecmeot may be execuled in several co~
md by each party on a sepante coumerpan. cacb of wbich when 10 euc:ulecl and delivered
shall be aD original, and all of which toFd1c:r shall constitute one iostrumcn1. In provin1 !his
SUbordmation Agreement, it shall oot be DCCCIIII)' to (lloduc:c or account for man, tbm omc
such coumcrpart signed by the party against which enfarccment is soqbt.
15 . Waivms(Mgdjfjsesiops. CHF may, in its sole and ablolute c1i1cn11ion, waiw my
provisions of this Subordinariou Aarcemmt bcncfitina CHF; mrnridrS llmum, that sw:b
waiver shall be cft'cctivc only if in writiq and siped by CHF and sball be limitod 10 lhe
specific provision or provisions cxprealy so waived. Any modifica:ion or IIJlllldment to Ibis
Subordination Apcmcnt must be made in writing and siped by 1be 1*1Y advencly aft"ecied.
16. AssjfiDPJ;pt/Bipdjng Effpct. 1bjs Subardinarioo Apcmcnt shall be biDdiq upon the
successon and usigns of Enalcwood and CPI and shall inure to tbc benefit of CHF, CHFs
successors and assigns. but shall not otberwise creaie any ripa or balcfill for my lbird pan:y.
11. Enfon:gnept Expenses, Igcludipg Auomeys' Fees. Eac;.h pany shall bear i1I own
expenses of negotiation and implemcnblioo of this Subordination A&rccmcnt, iDcludina
a.ttomcys ' fees . If any lcpl action or odicr proceedina is broupt for !he enforcement of Ibis
Subordination Agreement, or became of an allcpd dispure, breach, dmult, or
misrepresentation in connection with any of the provisions of this Subordination Apeement.
the successful ar prevailing party shall be entitled to recowr reaomblc MIOmcyl' flees and
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ocher cOltl mmed in that actima or pmreoctin& in additia ID my Giber J9liaf ID wli:h mch
party may be mtidod.
18. Cqpplg :\mmmr Thia Sllbcaclmaiou A.,.....a ii ildmded by die pnll a I
fimJ c:xprellUlll of dllir .-repniJII tbe Abject--baeot n. partim mad this
SubordimaoD Aa,ecmmt ID be a complllD 11111 acl.mm: I I *' of die 1111111 11111 c:aaditiom
af such ..-nat IDCI tbe IUbject IDllla' hlnot accpt (11) wbn aprm tcliaWIII 119 made
in tbia S1lbclrdimlioll A.-ID die pn,viaiuw of dl9 Deed 111d CBF I.om Dae!m:wdl; or
(b) where then ii ID ambipily in dlia Subutctimtiw A......-. or a ucmffid bltwm tbe
lama af tbia Suburdimtioll Apmamt, in whicb illllWe tbe pati111 apee 1111c tclia......e may
be made to tbe povisicml of die Lua J>oc,Vllf'ldl 1IO clarify tbia Suboidiuldon ~ or
rmolve any such CUDflK:t.
IN WlTNl£SS WHEREOF, the parties bmlO haw CIUelDd dlia SubordiDalion ~eement • or tbe dare fint above wri1llm.
CHF JlEvOLVJNG LoAN FUND
By:·--,--,-------,,.------Frmk A. Kugel.-
Title: President
1300 Broadway
Dm"Va", Colorado 80203
COLOIADO hEsER.vAnON, INC.
a Colorado not· for-profit cotpOl'lllion
Name: ________ _
Marte Rodman
Title: President
1900 W azee St111C1t
Suite 360
Denver, Colorado 80202
THE CITY OF ENGLEWOOD,
a Colorado Home llule Municipllity
By. __________ __
Name: _________ _
Title Ma)'OI'
l 000 Englewood Parkway
Englewood, Colondo 80110
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ORDl)IIANCE NO.
SERitS OF 2004 --
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BY AUTHORITY
COUNCIL BILL NO . 18
INTRODUCED BY COUNCIL
MEMBER MOORE
AN ORDINANCE AUTHORIZING AN INTER60VERNMBNTAL AGliSMEN'I'
"SUBSTANTIVE TERMS OF THE ELA TI LANDSCAPE AGREEMENT'' I
BETWEEN THE REGIONAL TRANSPORTATION DISTRICT (RTD) AND THE
CITY OF ENGLEWOOD COLORADO.
WHEREAS, RTD is constructing a Light Rail maintenance facility on the northern
portion of the former General Iron Works (GIW) site; and
WHEREAS, the City and RTD have been working to provide for future
redevelopment of the southern portion of the former GIW site; and
WHEREAS, as part of on-going cooperative efforts, the City and RTD had
tentatively agreed that the landscaping requirement of the City of Englewood's Zoning
Ordinance for development of their Elati maintenance facility could be met within the
southern portion of the GIW site; and
WHEREAS, due to a condemnation agreement reached between RTD and property
owners, the southern portion of the site will remain under private ownership; and
WHEREAS , neither RTD nor the City will have the ability to satisfy the landscaping
requirement of this portion of the property resulting in a deficiency of approximately
32,000 square feet; and
WHEREAS, this Ordinance provides for payment of a fee in lieu of landscaping, as
provided by the Englewood Zoning Ordinance; and
WHEREAS , this agreement also documents that RTD and the City will cooperate to
reach formal agreements for light rail stations at Bates Avenue in Englewood and at
Lucent Boulevard on property near Englewood's McLellan Reservoir; and
WHEREAS , if the landscaping deficiency cannot be accommodated at the RTD Bates
Station a Bates Station Agreement will be drafted for RTD to pay a fee in lieu of
landscaping to the City by December 31, 2004;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The Intergovernmental Agreement "Substantive Terms Of The Elati
Landscape Agreement" attached hereto as Exhibit A, is hereby accepted and approved by
the Englewood City Council.
Section 2. The Mayor and City Clerk arc authorized to execute and attest said
Agreement fo r and on behalf of th e City of Englewood.
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Introduced, read in full, amended and passed on first reading on the 19th day of April,
2004.
Published as an amended Bill for an Ordinance on the 23"' day of April, 2004
Read by title and passed on final reading on the 3rd day of May, 2004 .
Published by title as Ordinance No. _, Series of 2004, on the 7th day of May,
2004.
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 2004.
Loucrishia A . Ellis
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INTERGOVERNMENTAL AGREEMENT AS TO
LANDSCAPING AND CERTIFICATE OF OCCUPANCY FOR
REGIONAL TRANSPORTATION DISTRICT'S
El.AT! MAINTENANCE CENTER
THIS INTERGOVERNMENTAL AGREEMENT is made and entered in to this __ _
day of March, 2004 by and between the City of Englewood, a --------
("City") and the Regional Transportation District, a political subdivision of the
State of Colorado ("RTD").
WHEREAS, RTD has designed and constructed its Elati Maintenance Center
"Maintenance Center" for light rail vehicles in accordance with a site plan
approved by the City, and
WHEREAS, the City and RTD originally expected that the RTD-owned parcel on
which the Maintenance Center would be built would be approximately twice as
large as the current RTD parcel ("RTD Parcel"), however, RTD sought and the
City consented to the boundary change that reduced the size of the RTD Parcel,
and
WHEREAS, due to the reduction in parcel size, the City has calculated that the
RTD parcel, as developed, does not provide the required minimum amount of
landscaping under E.M.C. 16-5-26 D., and has declined to issue a Certificate of
Occupancy ("CO") for the Elati Maintenance Center, and
WHEREAS, since RTD built the Maintenance Center according to a City
approved site plan, and is willing to pay a Fee-In-Lieu pursuant to E.M.C. 16-5-
26 E. 2 . ("Fee-In-Lieu"), RTD believes that it is entitled to a CO, and
WHEREAS, the parties wish to compromise and resolve their differences
concerning the CO and landscaping for the RTD Parcel by entering into this
Intergovernmental Agreement as to Landscaping and Certificate of Occupancy
for Regional Transportation District's Elati Maintenance Center
(" Agreement").,
NOW, THEREFORE, the parties agree as follows:
l . The City will issue the Elati Maintenance Center Certificate of Occupancy
upon the latter of execution of this Agreement and completion by RTD of all
City Building Code requirements concerning the Elati Maintenance Center
w ithout taking into account the required amount of landscaping.
2. For purposes of this Agreement only, the parties shall assume a landscape
deficiency for the RTD Parcel in the amount of 32,000 square feet, and a Fee-
In -Lieu fo such assumed landscape deficiency of S3 7,000.
3. The parties agree to conduct negotiations for a Bates Station Agreement
b en e e n RTD, the City, the potential transit oriented development developer of
prope rty adjacent to the station site and other parties, if necessary; such
agreement anticipated to be executed by September 30, 2004, which will be
rec ommended by RTD and City staff, but is subject to RTD Board of Directors and
Engl e wood Ci ty Co• ..:il approval , each in their sole discretion, and that would
provid e, a mong other things:
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a. That an acceptable, adjacent transit oriented development is a
prerequisite for the development of a Bates Station.
b. Satisfaction of the landscape deficiency alleged by the City may be
met by provision of landscaped areas in connection with the Bates
Station.
c. The Bates Station will be included in the FasTracks schedule, with
construction currently planned for approximately 2009.
d. That, if FasTracks passes, the construction costs of a Bates Station will
be shared equally between the City, RTD and the transit oriented
development developer.
e. A Bates Station may be built with private funding whether or not
FasTracks passes upon the condition that the RTD Board of Directors, in
its sole discretion, approves the necessary Bates Station operation and
maintenance costs in the Southwest Corridor service plan.
(i) If the Bates Station is privately funded and FasTracks passes,
the private developer shall be eligible for reimbursement by RTD
of a 1/3 share, subject to budgeting and appropriation.
Reimbursement shall be based upon actual cost, without interest.
Current estimate of cost is 4.9 million dollars.
(ii) If the Bates Station is privately funded and FasTracks does
not pass, the developer will not be entitled to
reimbursement.
4. If no agreement is in place to provide for construction of a Bates Station in
a manner that satisfies the landscape deficiency assumed in this Agreement by
December 30, 2004, RTD shall make a Fee-In-Lieu payment of $37,000.00 to the
City no later than December 31, 2004, and all obligations of RTD to the City
concerning the City's building and/or landscaping requirements for the Elati ·
Maintenance Center shall be deemed satisfied.
5. If an agreement is in place to provide for construction of a Bates Station in
a manner that satisfies the landscape deficiency assumed in this Agreement by
December 30, 2004, satisfaction of the landscape deficiency shall be deferred
until the Bates Station is constructed and in operation pursuant to the
a greement, al which time all obligations of RTD to the City concerning the
Ci ty's building and/or landscaping requirements for the Elati Maintenance
Ce nter s hall be deemed satisfied.
6. The City agrees to cooperate with RTD in good faith negotiations between
RTD and the Englewood/Mclellan Reservoir Foundation ("Foundation") for
lease by RTD of a parcel of land required for RTD's planned "Lucent Boulevard
St a t ion " a t a price and other terms mutually acceptable to RTD and the
Fo und a tion , including efforts to minimize environmental impact to the
wa t e r s hed of the reservoir. To the extent con::istent with such minimization,
t he amount of developable land shall be maximized, based upon mutually
acceptabl e design parameters for a station site not to exceed ten acres.
St ru cture d parking will be required, if financially feasible , taking the
·· Luc e n t Bo ul evard St a tion Project" as a whole.
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7. No officer, member, or employee of RID and no member of its gov en:·..,;;
body and no other public official or employee of the governing body of the
locality or localities included within RID, during his or her tenure or for one
year thereafter, shall have any interest, direct or indirect, in this Agreement
or the proceeds thereof.
8. It is expressly understood and agreed that RID and the Qty do not intend to
act for or in place of the other and do not intend to be, and shall not in any
respect be, deemed agents of each other but shall each be an independent
con tractor.
9. Nothing herein shall be construed as giving rise to any rights or benefits to
any third party. RID and the Qty expressly disclaim any intent to create any
third-party beneficiary status or rights In any person or entity not a party to
this agreement.
10. All notices, coordination, and other communication required or permitted
by this Agreement shall be made to the following persons:
RID
Senior Manager of Property Management
Regional Transportation District
1600 Blake Street
Denver, 00 80202
OlY
OtyMan.ger
Oty of Englewood
1000 Englewood Parkway
Englewood, m 80110
11. In connection with the performance of this Agreement, the parties shall
not discriminate against any employee or applicant for employment because
of race, color, creed, national origin, sex, age or disability. Each party shall
take affirmative action to ensure that applicants are employed and that
employees are treated during employment without regard to race, color creed,
national origin, sex or age. Such action shall include, but is not limited to, the
following: employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, lncludlng apprenticeship. In
accordance with section 102 of the Americans with Disabilities Act, as
amended, 42 U.S.C. 1 12112, Qty and RID will comply with the requirements of
U.S. Equal Employment Q,portunity Commission, regulations to Implement the
Equal Employment Provisions of the Americans with Disabilities Act 29 C.F.R.
part 1630, pertaining to employment of persons with disabilities.
12. This Agreement may not be amended except in writing by mutual
agreement of 'che parties, nor may rights be waived except by an instrument
in writing signed by the party charged with such waiver .
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13. Any debt or financial obligation of either the Qty or RID hereunder due
payable beyondQty's or RlD's current fiscal year Is subject to and contingent
upon the budgeting and irrevocable pledging of funds sufficient therefor by
the Qty and RID (as applicable) governing bodies.
FCR TIIE REGlCNAL 'JRANSPCRTATICN DIS'JRICT
By _____________ _
Qarence W. Marsella
General Manager
Thlte Signed: ________ _
APPRO/EDAS TOLEGAL FCRM FCR
TIIE REGICNAL 'JRANSPCRTATICN D1S1RICT
By _____________ _
Associate General Counsel
Thlte Signe,..._ ________ _
OlY CF ENGLEW<XD
By _____________ _
Douglas Garrett, Mayor
Thlte Signed, __________ _
ATIEST:
Loucrishia A. Ellis, Qty Oerk
APP RO/EDAS lOLEGAL FCRM FCR
TIIE OlY CF ENGLEW<XD
BY--------------
Thlte Signe,..._ _________ _
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Regional Transportation Dlatrlct
April 21 , 2004
Gary Sears, City Manager
City of Englewood
1000 Englewood Parkway
Englewood, CO 80110
/ _C..,,r-1
Dear Mr. Sears:
1600 Blake Street
OerNer, Cokwada 80202-1399
303.628.9000
RTO-Oenver.com
RECEIVED
APq 2 ':i Z004
cm MANAGER'S OfflCI
ENGI.IWCOD, CO
We understand that, based upon action taken by your City Council on April 19, 2004,
Englewood is prepared to execute the proposed Elati Landscape Agreement which would
provide for the issuance of a Certificate of Occupancy for the Elati Maintenance facility and
negotiations on both a Bates Station agreement and a Lucent Station area acquisition
agreement . Apparently the draft of the proposed agreement that was approved includes
language placing constraints upon the design of the proposed Lucent Station.
As discussed, we prefer to develop design parameters through a joint planning process rather
than imposing constraints upon the design of the Lucent Station before planning has begun. In
our experience the interests of Englewood, RTD. and other potential partners will be much
better served in this manner. An end of the line station like this one with such a high profile
and desirable location has potentials that none of us can perceive at this early date.
For this reason, we suggest that the best way to proceed at this time is to focus our efforts on
the development of separate Bates Station and Lucent Station area acquisition egreementa that
are mutually acceptable to Englewood, RTD, and edjacent landowners rather than continue to
struggle with the proposed Elati agreement. With tha Bates Station and the extension included
in the FasTracks Plan, we have firm foundation for developing the necessary agreements. We
suggest that we set a meeting in the near future to begin this proceas.
To this end RTD intends, pursuant to E.M.C . 16-5-26 E. 2 •. to pay a fee-in-lieu to settle our
dispute regarding landscaping on the Elati Maintenance facility as it is now configured. Rick
Clarke will contact you to verify the amount of the payment. This will clear the way for
issuance of the Certificate of Occupancy and free up staff time to focus on mutually
acceptable agreements .
We look forward to working with you and your staff on these important matters.
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Clarence W . Marsella
General Manager
c: Liz Rao. Assistant General Manager . Planning and Development
John Shonsey , Sen ior Manager, Engineering
Errol Stevens. Senior Manager , Property Management
Rick Clarke. Project Director -Southeast Corridor
An Eaua1 Opponurnty t Alflrmaow ACllon En,pq«
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PllOCLAM.\T10l't
WHEREAS , Multiple Sclerosis (MS) is thought to be an autoimmune disease where the
body 's defense system attacks myelin, the fatty substance that surrounds and protects the nerve
fibers of the brain , optic nerves and spinal cord ; the damaged myelin may form scar tissue
(sclerosis) and often, the nerve fiber is also damaged; thus nerve impulses to and from the brain
are distorted or interrupted; and
WHEREAS, MS is not a fatal disease ; individuals with MS have near normal life
expectancies and most people with MS learn to cope with the disease and live full, productive
lives; and
WHEREAS , the symptoms of MS may include tingling , numbness, pain, slurred speech,
blurred or double vision , muscle weakness, poor balance, fatigue and forgetfulness , among
others; and
WHEREAS , MS is an unpredictable disease with symptoms varying greatly from person
to person and varying over time in the same person; and
WHEREAS , Colorado has one of the highest rates of Multiple Sclerosis in the country,
with one in 650 , compared, for example, to one in 10,000 in Texas ;
NOW, THEREFORE, I, Douglas Garrett, Mayor of Englewood, Colorado, do hereby
proclaim May , 2004 as :
MULTIPU SCLDOIIS AWAUNUI MONTII
in the City o f Englewood , Colorado . I encourage all citizens to support the services and programs for
people affec ted by the di sease and emphasize the impact MS has on our community and citizens .
GI VEN under my hand and seal th is 3rd day of May , 2004.
Douglas Garrett, Mayor
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Invocation
Pledge of Allegiance ~
Roll call
Members:
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~ncil MeeUng
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AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
MONDAY, MAY 3, 2004
7:30 P.M.
Englewood Civic Center -Council Chambers
1000 Englewood Parkway
Englewood, CO 80110
Call to order. f) :3g ~
Invocation.~
Pledge of Allegiance . ~
4. RollCall. W7 ~
5. ~inutes. J11 !!ff'-~"""' from the Reg,,IM c;1y Co"ndl meeting of Aprtl 19, 2004. ~
6 . Scheduled Visitors. (Please limit'yow,presentation to ten minutes .) ;.ttff
ff I#~
kV'J~~f"~~~,,~~·~ µle
/90 -~~°c';m~s~ons,~Appo~!fenfs.~ ~
~ fJ, (?.,odam.tk~JtJJ};/J(f)!/;/" :_' ~ ', Oti,eo f the Yea ro.. 2004. ~ ~ 9-4,odamat;;,;;J,o,iog Briao
0
Vogt fo, hi, cootribu os to busioe" d comm"oity~
/), ~~. A resolu tio7 l~~~?ou~las Cohn t oo • o · tment and ~~ Appeals . vvv~ I.,~~
9 . Publi c H eari ng. (No Public Hearing Scheduled)
4:)-
Please no tl': If ou have a disab~itv and need auxiliary aids or services, please notify the City of Englewood (3 03 -
762 -2405) al lea I 48 hours in advance of when services are needed. Thank you .
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Eng lewood City Council Agenda
May 3, 2004
Page 2
10. Consent Agenda.
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~ '7-tJ Appr~f Ordinances on rr"" b . Approval of Ordinances o Second Reading. /0 (/J/ 'f ;i. ,
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Council Bill No. 6, approving an Intergovernmental Agreement with the City of
Westminster for equipment sharing.
Council Bill No. 22, approving an Intergovernmental Agreement with the State of
Colorado for Colorado Emergency Management
c. Resolutions and Motions.
Recommendation from the library Department to adopt a resolution approving
the Englewood Public Library's 2004 "Summer Food for Fines " program. STAFF
SOURCE: Hank Long, Director of Library Se~ices.
11 . Regular Agenda .
a. Approval of Ordinances on First Reading .
i. Council Bill No. 23 -Recommendation from the Community Development
Department to adopt a bill for an ordinance authorizing an Intergovernmental
Agreement with Arapahoe Community College/Arapahoe-Douglas Career an_d ,,1 Technical School to build a single family residence at a location to be , • .377,v '::>
determined in the vicinity of 2399 W. WesleY. t7nue. ~ SOURCE: Janet J,(} _..:..
Grimmett, Housing Finance~ 'ff'f"-~ W5"' J/lli:..-M".r.a-nur~~
Co uncil Bill No. 24 -Recommendation from the Community Development
'Oepartment to adopt a bill for an ordinance authorizing the sale of 4673 S.
Grant Street, 23F W. Wesley Avenue, and 2399 W. Wesley A~e E
SOURCE: Janet Grimmett, Housing Finance Speciali~i,,.,_
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iii. Council Bill No. 25 -}ecommendation from the City Manager's Office· to adopt
abill for an ordinance approving a subordination agreement in favor of the
Colorado Historic Foundation Revolving loan Fund in order to secure an
improvement loan to Colorado Preservation, Inc. for the Skerritt House. STAFF
SOURCE: Michael Flaherty, Assis~/~'· 5'°,J..;,--7~-~
Approval of Ordinances on Second RVad'fn~.w-,,-w/iJ~,.
Counci l Bill No. 18, approving, as amended, an Intergovernmental Agreement ~ ~
with the Regional Transportation District for land ui ements at RTD _.-..-
Elati Mainten ance Facility.
Please note: If you have a disability and need auxiliary aius ces e C"
(3 03 -762-2405) at leas t 48 hours in advance of when services are needed. Thank you .
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Engl ewood Ci ty Council Agenda
M ay 3, 2004
Page 3
c. Re solutions and Motions.
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12. G eneral Discussion.
a. Mayor's Choice.
~'l{;) A pmdamation declaring the m=lh of May a, MS Aw""'"'"' Monlh . ~
b . Council Members' Choice. {J
13. City Manager's Report.
14. City Attorney's Report.
Adjournment. 'J'./o ~
Th e following minutes were transmitted to City Council between April 15 and 29, 2004:
• Englewood Cultural Arts Commission meeting of March 3, 2004
• Englewood Board of Adjustment and Appeals meeting of March 10, 2004
• Englewood Transportation Advisory Committee meeting of March 11, 2004
• Englewood Code Enforcement Advisory Committee meeting of March 17, 2004
• Englewood Pl anning and Zoning Commission meeting of April 6, 2004
Pl ease note: If you have a disability and need auxil~ry aids or services, plNse nodfy the City of Enale'wood
(3 0 3-7 6 2-2 405) at lea st 48 hours in advance of when sen,ices are needed. Thank