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HomeMy WebLinkAbout2003-04-07 (Regular) Meeting Agenda Packet) • ' ,.. .. . . • .. ,• . . " • .. • • .. ,· ·-. ..• •. I .,. . .:,.. .. . ~ ... I... ' '. I . . :· ... · •.. \· t:;\ • t • . . : 4,, • -.. Regular City Council Meeting April 7, 2003 i . . . . . ORD #~ )I/'. Ji"'.~ 29, 30, 31, 32, 33, 34, 35, 36, 37 RESO # 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51 • u · . -,. • . . J \, . . ' · .. . . .. I. •' . . .. '" · .. .. ' • ·.• . ' • • • . • . . . ~ .,. I • • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO I . Call to Order The rqular meetin1 of the EnaJewood City Council wu called to order by Mayor Bl'llllhlw at 7:30 p.m. 2. hMadaa The invocalion wu given by Council Member Nabbolz. 3. ...... el Aleaiuce The Pled,e of Allepnce wu led by Mayor Bndlhaw. 4. RalCall Present: Ablenl: A qllOfUIII WU praenl. Council Members Nabhol&. Moore. Oruulia, Olmlu, Wololyn. Yurdlick. Bradahaw None Abo praent: City ...... S... 5. M...._ City Aaorney BIOIZalD City Clerk l!llia Director 0.yalewicz. ~ 11111 Admiai.-lliwe ServicN Dinctor a... Saflly 5"Yica Senior....._ i...-, c-eeily o..-, n 111 (a) COUNCIL MDlaa GllAZULIS MOVED. AND IT WAS SBCONDID, TO APPROVE THE MINUl'IS Of THE llEGULAa OTY COUNCIL MDTING OF MAaCH 17, 28ll Mayor Bracbhaw uked if lhae -any correctiolll or addilioM. n.e -.,.. Vow~: Ayes: Nays: Abllain: MOlion carried. 6. Sdud•INVWlen Council Mcmben Nabhol&, Olmlu, Wololya. Yurdlick. On111tia. Bndlllaw Noae Council Member Moore (a) Mayor Bradshaw said we have Mal: Brady.• E...._. R* ol • Eaalewoad Elia Lodge 2 122, who I praclll lO pay lribule IO die Elu' ~ C... of .. Ya.; Eaalewoad Firefighter of the Y car; and Enalewood Police Oft"tcer of• v-. Enalewood City CouncU April 7, 2003 Pagel Mr. Brady said I want to thank Mayor Bradshaw and the Englewood City Council for this opportunity for the Englewood Elks to honor some of our finest public servants. Mr. Brady said first I would like 10 honor Tracey Minoggie . Tracey has been a firefighter since July of 1996. For the first five years she was on the line as a firefighter and the last two years she has been the Safety Education Coordinator. She teaches safety classes to citizens, businesses and schools. This was not an assigned position, he said, Tracey had to earn this position and it was competitive. She had to apply for it, take tests and she was promoted to Safety Education Coordinator. Tracey also wrote a grant to FEMA. She organil.Cd the report, compiled statistics and proved to FEMA the need for an educational grant. Englewood was subsequently awarded over $24,000.00. She uses these funds to teach children and seniors. She is noted for her compassion and love of the job. Tracey was married in November to Don, he said, and we want to congratulate you Tracey. Ms. Minoggie was given a round of applause. Mr. Brady said we would now like to honor Douglas Nessen. He was hired by the Englewood Police Department in April of 1973 as one of the original members of a cadet unit. In May of 1974, Officer Nessan was promoted to the position of police officer. He was usiped to the Detective Bw-eau from 1986 to 1990 and was actively involved in a number of high profile investigations, in addition to his assignment to the Property Crimes Unit. Officer Nessan returned to the Pa1rol Unit in 1990 where he remained until 1996. He was selected from among a number of applicants u one of the original members of the newly formed lmpacl Team. The Impact Team is a very high profile, problem oriented, policing unit that requires major problem solving skills and a significant amount of community interaction. Officer Nessan has received over 70 commendations from such sources as the United States Attorney's office, the Arapahoe County District Attorney's office and multiple metropolitan law enforcement agencies ... not to mention citizens of chis community, his peers and supervisors. He wu recopized by the Colorado Intergovernmental Riik Sharing Agency for 20 years of safe driving. In Sepccmber of 2001 Officer Nessan received the Department of Safety Services Police Service Award for his Ullldfilh contribution to the family of a Florence, Colorado police officer who was shot in the line of dllly. Throupout his JO.year career, Officer Nessan has maintained the highest level of dedication and profeuionaliam • a member of the Englewood Department of Safety Services. Officer Nessan was given a round of appa-. Mr . Brady said I would now like to honor the Englewood Citizen of the Year. Mr. Richard Burton. Mr. Burton, a lifelong Englewood citizen, is involved in many things in our community u well u within the State of Colorado. He is an employee of the City of Englewood, the father of three children and he is married 10 his childhood sweetheart. Vickie. His commitment to traffic safety and occupent protection is far reaching . Mr. Brad'.)' noted that it is not often that a citizen is so driven to public safety. The amount of time , the energy and expense that he devotes in assisting law enforcement with his promotion of safety, courteous driving and the value of occupant prolCCtion is truly commendable . His vision of promoting traffic safety also extended to the race fans of Colorado National S11=way. as a Labor Day weekend event for three years. wi1h phenomenal success. His vision and partnership hu benefited everyone and is peatly apprecialed by all those who have wilnessed his compassion for traffic safety . We'll probably never know how many lives have been altered by his commitment to traffic safety, he said, but we do know it is worth the expense. time and energy. Richard Burton is a NASCAR driver, a Colorado State Palrol Poster Quid, a promoter of the Englewood Neighborhood Watch Speed Pledge Program and an extraordinary citizen of Englewood . Mr . Burton was given a round of applause . Mr . Brady said I want to thank everybody for the opportunity to present these awards . 7 . UnKheduled Vllllton There were no unscheduled visitors . t • • Eoalewood City Council AprU7,2003 Pqe3 (a) A proclamation declaring the week of April 27 through May 4, 2003 u Days of Remembrance for Victims of the Holocaust wu considcml. COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DECLARING THE WEEK OF APRIL 27 THROUGH MAY 4, 2803 AS DAYS OF REMEMBRANCE FOR VICTIMS OF THE HOLOCAUST. Motion carried. Ayes : Council Members Nabbolz, Moore, Garrett. Wolosyn, Yurchick, Gruulis, Bradshaw Nays : None (b) Mayor Bradshaw said this qenda item is a proclamation honoring Country Buffet for ill contributiom to the community, which arc inciwible. There wu a round of appl11111C. COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION HONORING COUNTRY BUFFET FOR ITS CONTRIBUTIONS TO THE COMMUNITY. Ayes: Council Members Nabbolz, Moore, Garrcu. Wolosyn. Yurchick, Gruulis, Bradshaw Nays: None Motion carried. Mayor Bradshaw read the proclamation in its entirety and ..-ited ii to Darryl Wallace. Country Buffet's Community Relations Director . Mayor Bradshaw said we can't thank you enough. There wu I round of applaule. Mr. Wallace said when I tint took the community repraenlllive job, I bad no idea Iba! I would be pu1 in a Santa Claus suit, stuffed into an ambulance and ltanding out over a bot a,ill. bul I have to say ii baa been worth ii. I have bad a lot of fun doing ii, be said, and we look forward to wortana widl everyone in the future. Thank you very much . No public hcarin& wu scheduled before Council. 10. ComeatAlfflda COUNCIL MEMBER GARRETI' MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (I) ud (U) AND 10 (b) (I), (II), (Ill) ud (IY). (a) Approval of Ordinances on Fint Rcadin& (i) COUNCU. Bll.L NO . 25. INl1l0DUCED BY COUNCD.. MEMBER GARRETI A BILL FOR AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF FOUR INTERGOVERNMENTAL SUBGRANTEE AGREEMENTS (COBO) flOR THE YEAR 2003 BETWEEN THE ARAPAHOE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF ENGLEWOOD, COLORADO. £aalewood City CoUlldl April 7, 2003 Pqe4 (ii) COUNCIL BILL NO. 26, INTRODUCED BY COUNCIL MEMBER GARRETI A BILL FOR AN ORDINANCE OF THE CITY OF ENGLEWOOD, COLORADO, CREATING THE "ENGLEWOOD HOUSING REHABILITATION ENTERPRISE FUND" IN RESPONSE TO CHANGES TO ARTICLE X. SECTION 20 (TABOR) OF THE ST ATE OF COLORADO. (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO. 25, SERIES OF 2002 (COUNCIL BILL NO. 20, INTRODUCED BY COUNCIL MEMBER OARRETI') AN ORDINANCE APPROVING AN ll'll'ERGOVERNMENT AL AGREEMENT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION FOR A UTILITY ADJUSTMENT AS A PART OF THE HIGHWAY IMPROVEMENTS AT THE BFJ.J..EVIEW AND CLARKSON INTERSECTION . (ii) ORDINANCE NO. 26, SERIES OF 2002 (COUNCIL BllL NO . 21, INTRODUCED BY COUNCIL MEMBER OARRETI') AN ORDINANCE APPROVING SUPPLEMENT 1155 TO THE SOUTHGATE SANITATION DISTRICT CONNECTOR'S AGREEMENT FOR THE INCLUSION OF LAND WITHIN THE DISTRICT BOUNDARIES . (iii) ORDINANCE NO. 27, SERIES OF 2002 (COUNCIL BILL NO. 23. INTRODUCED BY COUNCIL MEMBER OARRETI') AN ORDINANCE APPROVING THE LICENSE AORBEMl!NI' AND TEMPORARY LICENSE AGREEMENT WITH K. C. ENSOR. GREEN VALLEY TURF CO., AND Wll..DACRE. U.C FOR CROSSING THE CITY DITCH. (iv) ORDINANCE NO. 28, SERIES OF 2002 (COUNCIL BILL NO. 24, INTRODUCED BY COUNCIL MEMBER OARRE1T) AN ORDINANCE AUTHORIZINO AN ll'll'EROOVERNMENTAL AOIEEMENT, ENTm.ED "AMENDMENT TO AOREEMENI' REOARDINO FINAL Dl!SION AND CONSTRUCTION OP DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR BIO DRY CRl!BK AT ALLEN WATER TREATMENT PLANr' BETWEEN THE URBAN DRAINAOE AND FLOOD CONTROL DISTRICT AND THE CITY OF ENGLEWOOD. COLORADO. Mayor Bradshaw asked if anyone wanled IO pull one of die iaea.. No one did. Vote..-111: Ayes : Council Members Nabholz. Moore, 0anea. Wololyn. Y urchick. Gruulia. Bradshaw Nays : None MotlOfl carried. (c) Raolulionl and Molioa II. ReplarA .... Enpwood City Coundl April 7, 2003 Paae5 (a) Approval of Ordinances on Finl Reading (i) Director Olson presented a recommendation from the Safety Services Department to adopt a bill for an ordinance authorizing an apeemcnt between the Fire Departments involved in the Metro Fire Training Academy and South Suburban Part Dilcrict allowing an easement on Metro Fire Training Academy property for a bike pathway. Mayor Bradshaw said this says the South Suburban Park District. Shouldn't it be the South Suburban Park Foundation? Beca111e of that. she said. I will have to abllain. Director Olson said it is actually with South Suburban Parks. Apparently, when the aaomeys diacmsed it they decided to go this way. I thoupt it -the Foundation. originally, be said. but it is the Parks. Mayor Bradshaw said if it is the Diltrict, then I can vote on it Director Olson said they have already poured the concrete down there. Thia is an aaree-nt we have been working on for awhile. It is a temporary easement, he said, for five yan, renewable and ii will allow the bike path to continue on to the Platte and over the brid,e. Mayor Bradshaw said the bridge dedication will be held II 11 :00 on May 3,., at Union and Platte River. It is a $400,000.00 bridge and ii is the tint of ill kind in the United St.ales, IIO be inltalled that way. So, she said. it is pretty eliciting. Mayor Bradshaw said I don't need to abstain, u it isn't the Foundalion. City Anomey Broczman laid ifit is not the Foundation then you do not need to abllain. MAYOR BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (I)-COUNCIL BILL NO. 27. COUNCIL BILL NO. 27, INJ'RODUCED BY MAYOR BRADSHAW ' A BILL FOR AN ORDINANCE APPROVING AN INTEROOVERNMENT AL AOREEMENT BETWEEN THE CITY OF ENGLEWOOD. COLORADO, THE CITY OF Ll1TLETON. COLORADO, WEST METRO FIRE PROTECTION DISTRICT, LITTIEl'ON FIRE PROT6CTION DISTRICT, SOUTH METRO FIRE PROTECTION DISTRICT, AND S0l1TH SUBURBAN PARK DISTRICT APPROVING A TEMPORARY EASEMENT ON METRO FIRE TRAINING ACADEMY PROPERTY FOR THE COMPLETION OF A SEGMENT OF THE BIKE PATHWAY . Vote results: Ayes : Nays: Motio n carried. Council Members Nabholz, Moore . Oancct, Woloayn, Yun:hick, Orazulia, Bradshaw None Mayor Bradshaw thanked Director Olson for all of his heip . I know it wu difficult a& Ii-. she said. (ii) Senior Planner Lanaon praented a re.> • :wm from die Cc: ty Development Department to adopt a bill for an ordinance Ullelldiaa die Eapn,ood Mllllicipal Code ID reduce the number of days, prior to a public heariq, that a DOIK:e mull be publislled. Thia ia beilla -... forward by the City Clerk and the Community Deveiop.... ~ aml ii ii• a 1 1 ID Tille 1- 10.2-6. Public Notice. Staff rccommcnda lhal City Council approw die propoaed ID Tille I regarding public notices as shown in the propoaed bill for• onlialla. 11 ..._ from 15 ID 10 dlya. lM number of days prior to a public heariq lhal nocice of thll hearilll _. be publilllld ia die .....,.. • • F.aalewood City C--0 AprU7,2003 Pqe6 Currently, Title I requires that notice of the public hcarina be publilbed 15 days prior to the public hearing, unless otherwise noted by ordinance or statute. The Englewood Liquor Licensing Authority, the Planning and 2.oning Commission and the Board of Adjustment and Appeala. by cidicr IWUte or ordinance, allows a 10-day notice. So City Council is the only one really affected. or, on occuioa, any otbcr qcncy or dc:partmcnt of the City that may be required to conduct a public heiring. The Englewood Hen1d publishes once a week, she said, and with Council meeting twice a mondl it is not pouiblc to tit that 15-day timeframc within the 14 days between typical Council imetinp. Therefore. we ue fon:ed to ICbedu1c public hearings for a month lalCI'. This amendment would allow for a I 0-day publication requirement, which keeps issues in the forefront and I think that is the key thing. :t would allow us to have the first reading and then at the next scheduled Council !Meting wc could hold the public bearing. illltad of waiting an entire month. It manages City business in a more timely -and. I might also add. it shortens the development application process. As wc discusled lul week, ACE -one of the 1f011P1 that recently discuued the fact that time is the IIIDll costly element of developmm. So, she said, for thole reasons wc recommend that Council approve this c:ouncil bill. An: there any quationl? Mayor Bradshaw asked if there were any questions. There were none. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (II) -COUNCIL BILL NO. 21. COUNCll. Bll.L NO. 28, INTRODUCED BY COUNCll. MEMBER WOLOSYN A Bll.L FOR AN ORDINANCE AMENDING TITLE I, CHAPTER 10, SF.c'J'ION 2. PARAGRAPH 6, OF THE ENGLEWOOD MUNICIPAL CODE 2000 PERTAINING TO PUBLIC NOTICES . Mayor Bradshaw asked if there was any discussion. There wu none. voae..-...: Ayes : Council Memben Nabholz. Moore, 0arrea. Woloayn. Y un:hick. Oruulis. Bradabaw Nays : None Motion carried. (b) Approval of Ordinances on Second Readina There wen: no additional items submitted for approval on aec;ond readina -(See Apmla hem 10 • C-- Ascnda .) (c) Resolutions and Motions There were no resolutions or motions submitted for approval . 12. Geaen1 DiKllllloll (a) Mayor's Choice (i) Mayor Bradlbaw said you bad a proclulllioa dlc-. April• Fair Houliaa Month . ls that okay if we ao ahead and forward M? Couaci1 illllicalld it -oby. Mayor Bradshaw said wc talked al the previous Council mellilll allcllll llow we lllipl -S ID formlia llle proc lamation procedure. Does Council WMI ID fonmliae the,....... ar is it oby .. _, -_ ._. 11 ? £nalewood City COUDdl April 7, 2003 Pqe7 Council Member Garren said we had talked about coming up with IOIDe type of aiteria that we thought would be 115eful in these situations. One of the criteria that bu been dilcuued is what kind of local impact would we have on a particular environment. I don't know whether you want to continue to have people explore that or have a group explore that, he said. Mayor Bradshaw asked if Council wanted to let up a sub-committee. Or, Council Meanber Garrett, we could just ll5C an ad-hoc committee. Or, Mayor Bradshaw uked, do we want to do it with Council, u a whole . Council Member Moore said we could jllll do it at a Study Session, that would probably be good and we could do it u a whole . Mayor Bradshaw asked if we could schedule that on a Study Session and -if other cities have criteria. I think that would help ... we wouldn't have to reinvent !he wheel . She sugested staff conuct CML. (ii) Mayor Bradshaw said if any of you are interested in going to die Beacon Cerda Cherish the Children Oa1a, I received an invitation and unfortunately I don't have the $200.00 to attend, but if anyone else would like to ... here it is . (iii) Mayor Bradshaw said I wanted to remind you that Arapahoe County is opening up their new facilities at Arapahoe Plaza at Windermere and Littleton Boulevard. They have redone all those buildings. she said, and the ribbon cutting is at I0:00 this Friday. (iv) Mayor Bradshaw said I wallled ID remind you ID pc in your Jubilee 0 information, U 10011 U pouible, to Pauletta "'-dli. (v) Mayor Bradshaw said I received an invitaaoa ID Mell the Mayon, a candidale'1 forum in Denver, this Wednelday. If anyone is illlelelled. sbe said, here is the invilllioa. (vi) Mayor Bradshaw said all I can uy is lbaak you so much ID the Parb Uld Recreation Departmenl for nominating me for the individual cilalion award for the rep,n. I am very honored and humbled by that. sbe uid. I think a lot of people have done a lot of work in parb Uld recreation ... u much, if no( more, than I have and it is quite an honor. I wiU be down there ant Moaday picking up the award, she said, so thank you. (b) Council Memben' Choice (i) Council Member Nabholz: I. She said I want to congratulate you. Mayor Bradshaw, on the award you just mealioaed. You trul y deserve it. You have worked • Iona time with South Suburban, sbe said. Mayor Bradshaw said thank you. 2 . She said there is some maroon or purple araffi1i on the ea& side of Broadway. It is kind of m1errni11ent through the neiJhborhood. bul it IWU II about the 3200 block 111d ii llila 1111 lrlffic llipal box al the post office and ii just conti-to ao up . It hill the tnffic lipal box II Broadway ..i Kmyon ud then 11 1nterm11tenll y hill the buildinp there . It is very bripa Uld it is a -. Ille uid. 3. She wd I wllllled 10 uy one nae Ii-tbal I had aaodler aix calla U)'Ull lilow ...... people were bec ause of ,.ha, the C11 y had done in removing IIIOW and llelpiltl Clll up lillla. ud IMlp. I did llave a couple of people call . she said, hoping we would take their limlll •-y. IIIII I IDld ._ m. .. ._ ,-. Eapwood City CollDdl AprU7,2003 Papi City Manager Sean Aid I will pus that on IO our ICredl and perb people, Ibey have really done a fabulous job. Council Member Nabholz Aid pleue do. I don 't know whedler we have p-ti-. enoup aaaboya yet, she said, becaUle they have really done a aood job. (ii) Council Member Wolosyn offered Mayor Bradshaw further coa,,atulaliona Mayor Bradshaw Aid thank you. (iii) Council Member Yurchick offered Mayor Bradshaw coapalUlationa. Mayor Bradshaw Aid thank you . (iv) Council Member Oruulia: 1. She offered Mayor Bradshaw coa,,atu1a1iona 2. She Aid I jlllt wanted to remind everyone of die lileat auction that ia beina lpOIIIOled by die Hip School for their band propam. k will be held thia Wedmlday, ._ 2:30 and 8:30. JUlt aq, down there, lhe Aid, there are a lol of fine tbinp dial have been dmmed by diffenlal .,__ in our community and it really helps die band propam. 13 . City Muaaer"• ...... (a) City Manapr Sean Aid I jllll wanled ID remind e~ that 111111 Monday aipl die Council meelina will be held a1 Cberrelyn a1 6:30 in die neain&-TIie Hsald -Y be,_.. a~ in die paper about that. he Aid. We .-e aoiJII ID have an .-on our Traffic Sludy dial eWlliDa and rip& now we don't have anythina ebe on die a,enda. he lllid, bul ii ia an open bwn. 14. Clly Anone,'1 ...... City Attorney Brotzman did not have a:iy maaen III brina befln Couacil. 15. A...,.._ OSHA W MOVm TO ADJOURN. TIie 111NW11 adjourned al 7:55 p.m. 1. 2. 3. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD cm COUNCIL MONDAY, APRIL 7, 2003 7:30.P.M. Englewood Civic Center -Council Chambers 1000 Enalewood Parkway Enatewood, co 80110 Call to order. '7: ~ ~ Invocation. ~ Pledge of Allegiance. ~ 4. RollCall. dtl 7 ~ 5. Minutes. /~ ~.{ Minutes from the Regular City Council Meeting of March 17, 2003. ~~ -7l r ~1,J .. /U()~ . 1 -,---...- 6. Scheduled Visitors. (Please limit your presentation to ten minutes.) a. Mark Brady, Exalted Ruler of the Englewood El , Lodge 2122, will be present to pay tribute to the Elks' Englewood Citizen of the Year; Englewood Arefighter of the Year; and Englewood Police Officer of the Year. 7. Unscheduled Visitors. (Please limit your presentation to five minutes.) ff" 8. Communications, Proclamations, and Appointments. (A~/ ?-o a. A proclamation declaring the week of Apri~2 through ~y 4, 2003 as Days of . Tr... Remembrance for Victims of the Holocaus b . A proclamation honoring Country Buffet ts contributions to the community~ ~(/.. ~-o Publk Hearing (NoneSd ..... ledJ ~ • • Englewood City Coundl Agenda April 7, 2003 Page2 10. Co~ntAgenda. ~ ·~~~ /~tJ/••,)/ A-All) d7-o "IJJ/idr~ ..... . 4,-f a. Approval of Ordinance~ading. / 0 6-1 ) I // / 'f-//1 ') J i. Council Bill No. 25 • Recommendation from the Community Development Department to adopt a bill for an ordinance authorizing the execution of four Intergovernmental Subgrantee Agreements between the City of Englewood and the Arapahoe County Commissioners for the 2003 Community Development Block Grant Program. STAFF SOURCE: Janet Grimmett, Housing finance Specialist. ii. Council Bill No. 26 · Recommendation from the Department of Anance and Administrative Services to adopt a bill for an ordinance creating the City of Englewood Housing Rehabilitation Enterprise Fund. STAFF SOURCE: Frank Gryglewk:z, Director of finance and Adminlllrative 5emceL b. Approval of Ordinances on Second Reading. Old If;;.~ ii. tJtJ_:/F-;J.7 . iii. ()2i#;if iv. Council Bill No. 20, approving an Intergovernmental Agreement with the Colorado Department of Transportation authorizing a Contractor Adjusted Utility Agreement to facilitate traffic signal improvements at Belleview and Clarkson. Council Bill No. 21, approving Supplement It SS to the Connector's Agreement with Southgate Sanitation District Council Bill No. 23, approving City Ditch License Agreements with Ensor, Wlldacre, and Green Valley Turf Co. Council Bill No. 24, approving an Intergovernmental Agreement with the Urban Drainage and Flood Control District for construction of Big Dry Creek Improvements at the Allen Water Treatment Plant c. Resolutions and Motions. ~ 11 . Regular Agenda. a. Approval of Ordinances on First Reading. i. Council Bill No. 27 -Recommenmtion from the ~fety Servkes Department to adopt a bill for an ordinance authorizing an agreement between the Are Departments involved in the Metro Are Training Academy and South Suburban Park District allowing an easement on Metro Are Trainins Academy property for a bike ~~ay; ST~ SOU!CE: Chris OIIOn, Director of Wety 5emceL i/)~ Pleue note: If you uw a llllllllty wl WIii _., ............... _.., .. 0,.,bl' •••• (303-762·240S)at_.41.._.la.._.af.._ ............. 'llillllll,-. Englewood City Coundl Aaenda A1Jril 7, 2003 Pagel ii. Council Bill No. 28 • Recommendation from the Community Development Department to adopt a bill for an ordinance amending the Englewood 1nrJf/-{)Municipal Code to reduce the number of days prior to a public hearing that rvi a notice must be published. STAFF SOURCES: Tricia Langon, Senior Planner and Lou Ellis, City Cle~ b. Approvpt Ordinances on Second Reading. c. Resol~ns and Motions. b" 12. General Discussion. a. Mayor's Choice. b. Council Members' Choice. 13. City Manager's Report. 14. City Attorney's Report. Adjournment '} :5~ The following minutes were transmitted to City Council between March 13 and April 3, 2003: • Englewood Board of Adjustment and Appeals meetings of December 11, 2002 and January 8, 2003 • Keep Englewood Beautiful meeting of February 11, 2003 Alliance for Commerce in Englewood meeting of February 13, 2003 • Englewood Transportation Advisory Committee meeting of February 13, 2003 Englewood Planning and Zoning Commission meeting of February 25, 2003 ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session March 17, 2003 I. Call to Order The regular meeting of the Englewood City Council wa s called to order by Mayor Bradshaw at 7 :40 p.m . 2. Invocation The invocation wa s given by Council Member Nabholz. 3. Pledge of A lleglanc:e The Pledge of Allegiance was led by Mayor Bradshaw. 4 . Roll Call Present : Absent: A quorum was present . Council Members Nabholz, Grazulis, Garrett, Wolosyn, Yurchick, Bradshaw Council Member Moore Mayor Bradshaw advised that Council Member Moore is in Washington, D. C . Also present : 5. Minutes City Manager Scars Ci1y Attorney Brotzman Assistanl City Manager Aahcrty City Clerk Ellis Dircc1or Simpson, Community Development Director Fonda, Utilities Manager of Open Space Lee Director Gryglewicz, Finance and Administralive Services Senior Planner Langon, Community Dcvelopmenl Planner I Fruchtl , Community Development Benefits/Ris k Manager Weber. Human Resources (a) COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF MARCH 3, 2003. l\.fa)or Bradshaw a ~cd 1f 1hcre was any di scussi o n. changes or questions . There was none . \'ole r~lts: • a~ bscnt Counc il Members Nabholz, Garren, Wo los yn. Yurchtck . Grazulis. Bradsha w None Council Mem ber Moore Englewood City Council March 17, 2003 Page 2 l\.fot io n carried. 6 . Scheduled Visitors (a) Jackie Edwards. a resident of Sandalwood Apanments, at 3655 South Pennsylvania Street. said I have a great concern over the way a tenant was evicted on March 1••. Quite a few of us were home at the time and were awakened . or brought out, by assault riOes and the entire building was surrounded with assault rifles . There was an officer standing on something behind the six-foot fence with the assault rifle drawn . I looked out my bedroom window and he told me to go back into my apanment. Our apanmcnts are very small, she said, so that every room in the apanment has an outside wall. My apanmcnt happens to stick out over the parking lot, so the Ooor is also exposed from underneath. This went on for over three and a half hours. She said we were not allowed to leave and we were not warned that this was going to happen . What I am wondering, is if there is some way that tenants can be notified, in advance. when assault riOes are going to be surrounding us and holding us, basically, hostage in order to e vi.:t a tenant ? There were other people who were going to come with me , she said, but they are afraid of retaliation . One gentleman had made a copy of a video tape that he had of all of these riOes and the escapade that was going on. but he chickened out and he is not going to present the video. Needless to say. thi s was quite frightening . I have lived quite a few places, including downtown Denver and I have never seen anything like this . And then after it was all taken care of, the man who was evicted was brought back, unhandcuffed and he had no gun. so I don't know what staned all this. Whether it was a phone call from a neighbor who didn 't know what they were talking about or what, but obviously the SWAT Team h:id time to plan what was. pretty much, an attack . That was followed up with an IMPACT Team that came out. I wa s not aware. she said. that Englewood had that kind of thing, but that was really neat that the IMPACT Team showed up . But by then just about everybody there was completely traumatized . We do have children in the building and we have disabled people and retired people. There were a lot of people there and all this over a tenant who did not pay rent I can't really see. she said, that it merited jeopardizing our lives. literally. So. I don't know ... is there a registry or something where tenants can sian up, in advance, to be warned of assault rinc attacks? Mayor Bradshaw said our Director of Safety Services is prepared to respond to your questions and concerns. And that way, we will understand better what went on. She thanked Ms . Edwards for raising thi s concern. Director Olson said, Ms. Edwards. first of all you arc under an extreme mispen:eption of what happened . We do not evict people. That is not the job of the City of Englewood to evict people from their apanmcnts. The reason we were there . he said. is because we got a call at about 10:30. on a Friday aboul two weeks ago . about a man with a gun. It was turned in by one of your fellow tenants. as I remember. So we responded 10 that . We were aware that thi s person was apparently protesting hi s eviction. As it turned out. he said . tht s gentle man ha a long cri minal his tory with us . He was protesung hi s evicuon and we were ro ld that thi s guy ought ha ve a gun. So this was not a planned attack . We went over there. because we had received th1, wa rning . He noted that the whole incident took about 45 minutes, not three hours . I was there and o bserved the whole thing . Our Job was to tr y to get the rest of the tenants back in. because we had this gentleman o utside and we did not know if he had a gun or not. So we went throuah our normal uctics of surro unding and protecting the rest of the ci112ens and trytng to get him to voluntarily come on out. Ultimately. he did . The gentleman. "ho made the videotape . adamantly refused to 10 back inside. He wa nght below thi s 1nd1vidual. We ha ve also had intcracuons with him. as "ell. on a criminal basis . So we "~re there 10 try 10 protect people . we were not there to e,,ct people . That i the Job of the Shcnff Department. 1f II gets 10 that point . Our Job was to respond to a perceived threat to a s11mficant ponlOn of peo ple tn that urea. "h1ch 1s what we did . And our standard technique 15 exactly what you saw. he Qld. \ c apprec iate your cooperation. by aoing back inside. "h1ch we were tryin1 to get .vcrybody to do fa entuall y, we were .able 10 get this 1ndl\·1dual 10 ome down . We tned to ftnd out wlw v.as happaun1 We "ere all o "ed to sear h the bu1ld1ng and interact \\-tth him . He wb 11ven a nunor m1sdemeanof ttckct J nd a l!o .-ed to return . Ht s father was somewhere 10 the area and l 1uess they 11,ere allowed to lea,c the • t • • Englewood City Council March 17, 2003 Page3 apartment, at some point in time. because they had been served with an eviction notice by. I would assume. either the manager of the building or the Sheriffs Office. So, he said, this is not a normal process for the City of Englewood. But we do respond to incidents where we have been told. by somebody else, that there is an individual with a weapon who is out on the porch, yelling and screaming and is apparently threatening other people. So. he said. I am sorry if you were traumatized by this. I don't think this is something you will sec very often . This is a relatively rare incident. It was not just the SW AT Team . There was also a regular compliment of police officers that were on duty. This was not planned. When we got there it took us five or ten minutes 10 come up with some methodology to make sure this individual was safely removed from the building so we could determine whether or not he had a weapon. That is what happened. We talked to the other gentleman afterward and because of his interference with us when we were trying to work with this other gentleman. he was given a minor ticket as well and allowed to return to his apartment. So again. he said , I am sorry if you were traumatized by this. but it was a standard procedure and it was something that occurred on the spur of the moment, as many incidents do. If you have any more questions on that. he said. I will be happy to talk 10 you about it tonight. We will also talk to any other concerned residents. But again, he said, we arc not in the mode of evicting somebody, that is not what this organization docs. Ms. Edwards asked if there was some way to clear the other people out of the way. Director Olson said no, there isn't. because when you have somebody on the porch with their door opened, even though he doesn't have anything in his hand, he could have a rine or whatever, right behind the open door. The safest thing for you, he said, was c~actly what happened. We were trying to get people back into the unit, so we could isolate the one unit and the one gentleman. Now, the one officer that you said was talking to him has known this individual for years and has dealt with him on a variety of issues. So, he said, this is not an unknown individual to us. He docs have a history with us and that is why there was a one on one, personal contact, between the officer behind the fence ... and I was right behind him ... and the individual in that apartment building. Ms. Edwards asked if anybody checks the validity of the call that comes in that says someone has a gun, when they don't have one. Director Olson said we check the validity by actually going to the scene and verifying whether that is true or not. We have 10 respond, he said. especially when we get someone who is an anonymous reporting party and they say there is a man with a gun, that elevates the priority and the only '".ay to check that out is to send officers lo the scene. We did identify him very rapidly and the situation was resolved very rapidly. without any injuries, without any shots being fired or any other heavy-duty scenario. He finally did cooperate with us. at the end. Ms . Edwards said then there is nothing to slop a tenant from making an anonymous call, knowing that they are not telling the truth . Director Olson said that is correct. We gel anonymous calls all the time and we cannot ascertain. from calling back. whether ii is a false call or not. We have to go to the scene and verify it. Even if someone had made a 9 l l call and they hang up, we still go 10 the scene and verify if there is an ac tual emergency or not. That is the only way you can do it. But I will tell you, he said, that if this had actually been a situation we had planned ahead of lime, we would have definitely warned the other tenants and worked with the entire building during that type of situation. But this was not that type of situation. It was ver y much spur of the moment, he said , and we had 10 react to what we saw when we got there, which wa s that gentleman standing outside. yelling at us from his third floor balcony apartment. M,. Ed wards thanked Director Olson. Mr. Olson said you arc welcome. Mayor Brad shaw thanked Ms. Edwards for inquiring. Mayor Brad shaw said I think it wa s Peter Jabs that took the video. Director Olson said that is correct, that ,s wh o took the video . • • • Englewood City Council March 17, 2003 Page~ Mayor Bradshaw said I received a call about this incident too. from one of my former students. who has a head injury. Thal is another st o ry that is just sad, what happened 10 hin ~nd his family. Director Olson said yes. we are aware of that. Ms. Edwards commented that it is just a tangled up mess. Mayor Bradshaw thanked Ms. Edwards for coming and talking to Council. I'm sure Director Olson will answer any other questions you may have, she said. Ms . Edwards thanked Mayor Bradshaw. 7. Unscheduled Visitors (a) Lucy Kelton, Vice President of Real Estate with Gart Sports, said we have enjoyed being part of the Englewood scene for the last year and a half. As you probably have heard. we are planning a merger with a large company called the Sports Authority, out of Fort Lauderdale, Aorida. They are going to move our corporate headquarters 10 Colorado. As you can imagine, I am every office broker's new best friend . We are trying to figure out, she said, where we are going to accommodate ano1her 300 people. We have that big empty Office Depot building across the street and it certainly makes sense for us to consider that . So we are negotiating with them. We also received a very nice offer from the City and we appreciate that offer, in terms of the different things you can try to offer us. Pending our negotiation with David and also some of the other competing sites, from cities that have contacted us, we would like to consider pursuing that with David and there is some talk about the possibility of the establishment of a Special Improvement District. We would like you to consider taking a portion of the sales tall revenue from our existing store over here and apply ii to some of the public works around our buildinp. in terms of landscaping, si gnage or improving Jason and Inca. So that is kind of why we are here today. We are moving from a 1.5 billion company to a $2.6 billion company. We have a board of directors that is going 10 be rather innuential about where we will put our new corporate headquarters. It ia not just a Colorado thing anymore. II ,s nat io nwide. She stated we will be the largest sporting goods chain in the county, so we are very excited. We are going to add 300 more people and hopefully that will bring revenue to the City in terms of sale s tax from restaurants and everything else. We are thinking about tryin& to develop a really nice corporate campus scenario, she said, with landscaping, walkways and even the possibility of building. inside one of the stores, a food court scenario as opposed to maybe• separlle res taurant ... whatever we can do 10 try 10 enhance the area a little bit more. Ma yor Bradshaw said we want 10 welcome you and we certainly don't want to lose you, but I do unders tand that you have negotiations. I can speak for myself, and mayl:le I speak for the Council. in say ing that you have been an outstanding new business coming into our community and we really value yo u as an asset. Ms. Ke lt o n sa id thank yo u ... 1ha1 is great. Ms. Ke lto n said Da vid would like 10 say a few words . (b ) Da vid Johnson. o f the Etkin-Johnson Group. one of the owners of the property. said we .i re very ex c ued about 1h1s and we think this could be a great addition to the City. Mr . Johnson noted that he a nd C it y Manager Scars go back a long time. from Glendale. Gary has known me 25 years, he said . As the "" ners o f the pro perty. we arc very excited about 1h11 opportunity. I just wanted 10 say in .i d "ance ... thank )OU fo r yo ur considcrauo n of any incentives that you mipl be able to crelle to make us more rnmpelltl\e As )OU know, out there m toda y's environment. it is eJttremely competitive in the real c ta re marker . So a ny edge that you can give us. will help us tremendously in our nepiatllOll5. because du deal 1s not done We .ire ex ited that we are nego1ia1in1. but we need to ,et to the bottom line. I am hae 10 Ju,t rhro " 11 11 out and W) thank you ,n lld,ancc for ,anylh1n11 you can do to help us OUl. because we know "' Englewood City Council March 17, 2003 Page!! that this is an outstanding corporate citizen and we want them in our buildings and I am sure you want them here in the City . He asked if there were any questions. There were none . Thank you very much. he said . Mayor Bradshaw thanked Mr. Johnson. Our staff will be in touch with you, she said . ••••• Mayor Bradshaw asked if there was anyone else who would like to address the Council on any issue. There was no one. 8. Communications, Proclamations and Appointments There w'!re no communications. proclamations or appointments. Mayor Bradshaw said we may want to revisit proclamations sometime and perhaps put an actual policy in place ... or, maybe a subcommittee that would look at them and present a recommendation to the Council. I just think we need to spend a little more time on some of these. Think about it, she said, and I will bring it back up. 9 . Public Hearing No public hearing was scheduled before Council. 10. Consent Apnda COUNCIL MEMBER GARRETI' MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (I), (U), (W) and (IY), 10 (b) (I) and 10 (e) (I), (U) and (W). (a) Approval of Ordinances on First Reading (i) COUNCIL BILL NO . 20. INTRODUCED BY COUNCIL MEMBER GARRETT A BILL FOR AN ORDlt,.ANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION FOR A UTILITY ADJUSTMENT AS A PART OF THE HIGHWAY lMPROVEMENTS AT THE BELLEVlEW AND CLARKSON INTERSECTION . (ii ) COUNCIL BILL NO . 21 , INTRODUCED BY COUNCIL MEMBER GARRETT A BILL FOR AN ORDINANCE APPROVING SUPPLEMENT #155 TO THE SOUTHGATE SANITATION DISTRICT CONNECTOR'S AGREEMENT FOR THE INCLUSION OF LAND WITHlN THE DISTRICT BOUNDARIES . (1i1 l COUNClL BlLL NO . 23, INTRODUCED BY COUNCIL MEMBER GARRETT A BILL FOR AN ORDINANCE APPROVING THE LICENSE AGREEMENT AND TEMPORARY LICENSE AGREEMENT WITH K . C. ENSOR. GREEN VALLEY TURF CO .• AND Wll.DACRE. LLC FOR CROSSING THE CITY DITCH . • • Englewood City Council March 17, 2003 Page6 (iv) COUNCIL BILL NO. 24, INTRODUCED BY COUNCIL MEMBER GARRETT A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT. ENTITLED .. AMENDMENT TO AGREEMENT REGARDING ANAL DESIGN AND CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR BIG DRY CREEK AT ALLEN WATER TREATMENT PLANT" BETWEEN THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT AND THE CITY OF ENGLEWOOD, COLORADO. (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO. 24, SERIES OF2003 (COUNCIL BILL NO. 17. INTRODUCED BY COUNCIL MEMBER GARRETT) AN ORDINANCE ACCEPTING DEDICATION OF A 12-FOOT WIDE TRANSPORTATION/lITlLITY EASEMENT ALONG UNIVERSITY BOULEVARD IN THE CITY OF ENGLEWOOD. (c) Resolutions and Motions (i) RESOLUTION NO. 36. SERIES OF 2003 A RESOLUTION AWARDING A NEGOTIATED CONTRACT FOR PURCHASE OF GAS GOLF CARTS FOR MULTIPLE YEARS BY THE CITY OF ENGLEWOOD, COLORADO. WITH E-Z GO INSTEAD OF THE COMPETITIVE BID PROCESS UNDER SECTION I 16(b) OF THE HOME RULE CHARTER AND SECTION 4-1-3-1 OF THE ENGLEWOOD MUNICIPAL CODE. (ii) RESOLUTION NO. 37. SERIES OF 2003 A RESOLUTION APPROVING THE 2002 YEAR END SUPPLEMENT AL APPROPRIATIONS TO COMPLY WITH CITY CHARTER REQUIREMENTS. (ii i) THE BID FROM HENKLE DRILLING COMPANY IN THE AMOUNT OF $294,246.60 FOR THE CONSTRUCTION OF TWO WATER WELLS AT McLELLAN RESERVOIR Mayor Bradshaw asked if anybody would like to remove any of the items. They did not. Vote results: Ayes: Nays: Absent: Mori o n carried. 1 1. Regular Agenda Council Members Nabholz, Garrett. Wolosyn, Yurchick, Grazulis. Bradshaw None Council Member Moore (a) Approval of Ordinances o n First Reading (i) Senior Planner Langon presented a recommendation from the Community Dcvelopmcn1 Dcpanmen110 adopt a bill for an ordinance approvina the extension of a Temporary Mora1onum on cw Rcs1dcnual Construcuon in the area bounded by We5t Evans Avenue on the north. We st Va,sar Avenue on 1he south . South TcJon Street on the cut and South Zwu Sttect on the wat. Tius pmpo,ed ordi nance. ,in tir,t reading . 1s to extend, for an additional SU( months. the current moratonum on ne" res1den11al construcuon 1n northwest Engle,.,10d. The mora1or1um was established by Emeraency t .' • • Englewood City Council March 17, 2003 Page7 Ordinance No. 28, in May of 2002 and 1hen ex1endcd by Ordinance No. 46, in November of 2002. The mora1orium suspended building permils for single-family attached and duplex construction and the subdivision of land in 1ha1 designa1ed area. It did nol apply to permits for sing\:. units, accessory unils or remodel work. The emergency ordinance is a rcsull of citizen concerns regarding lhe qualily of residential cons1ruc1ion in 1hat nonhwesl Englewood area. The purpose of the moratorium, she explained, was to offer s1aff lhe opponunily to sludy and develop residenlial design standards willtin 1he UDC, lhe Uniform Developmenl Code. 1hat we are currenlly working on . In December and January wc held joint workshops wi1h Council. lhe Planning and Zoning Commission and lhe Board of Adjus1rncn1 and Appeals, which resuhed in drafl residen1ial design s1andards prepared by Clarion Associates. We received !hose about lwo weeks ago and we are going 1hrough 1hem now and re1urning edils to Clarion 10 finish those up. We have also scheduled a Communi1y Meeling on April 16• ... lhat is a Wednesday evening ... to discuss the proposed s1andards. That mee1ing will be held here in the Community Room al 7:00 p.m. It will be advertised in the CITIZEN, on the web and on Channel 8. Citizens who have had an interest in this topic, will also be notified. The ex1ension is necessary, she said. IO maintain a temporary suspension of permits in 1ha1 area unlit 1he UDC is completed. The UDC adoption process is anticipated IO begin in June with public hearings before the Planning and Zoning Commission and commence in October, with the effective dale of 1he ordinance. If you have any ques1ions, she said, I will be happy IO answer them. Council Member Yurchick asked Ci1y Attorney Brotzman if there is a limitation on extending the moralorium . Mr. Brotzman said there is a realistic expectation thal we are going IO meet the dates we are ex1ending it to . So, Mayor Bradshaw said, we can extend it as long as !here is a realistic expectation !hat we will meel those dates. Mayor Bradshaw said. regarding lhe final adoption in Oclober, you guys have been working so hard and I really appreciate 1he effons of every single staff member. You are incredible, she said. Ms. Langon said that is an aggressive timeframe and we hope to meet it. Council Member Nabholz said she just wanted some clarification. There are several people up there that would like 10 do remodeling jobs and as I read this. ii is accepcable. Is that correct? Ms. Langon said that is right Ms. Nabholz said 1hey were concerned as to how an extension of the moratorium would hinder !hem. Ms. Langon s1a1ed this is for new cons1ruc1ion for the single-family attached or the duplex tn,c of s11ua1ions . Single uni1 or 1he remodels or garages or sheds were not affecled by the moratonum. Ms. Nabholz said !hank you. Mayor Bradshaw said I think 1he concern wc had was dial people were just wowing lltings up there, with liule design. and even !hough they were houses, the quality was very poor and that was why we established 1hc rnora1orium . Council Member Yurchick said 1he other issue was th:111hey were jamming four~' inlo one lot . Mayor Bradshaw agreed. Mayor Bradshaw said we should probably set up a time for Council 10 have a lour of our AVS house or an open house 1ype 1h1ng . D1rec1 or Simpson said we arc 1cn1a1ivcly plannina somelltina and we will let you know . Council Member Yurc hock said thal as a nice looking proj«t. I drive by dial alfflOll every day . M:i ~or Brad;ha\\ sa id 1ho.e kids do suc h a l()Odjob. I hope ii sells . That is what we had ttouble wuh. with 1hc mhcr o ne \\e·,e d ne The~ are c,pensl\c. Englewood City Council March 17, 2003 Page 8 Director Simpson said we will be setting up a time for City Council to attend an open house of that property. It will probably oc.:cur mid-May ... the 13'" or 15"'. Mayor Bradshaw noted that the 13'" is our 100'" birthday. Director Simpson said okay. we will get back to Council. Mayor Bradshaw said okay. She thanked Director Simpson. Mayor Bradshaw asked if there were any orher qucsrions . There were none. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (I) -COUNCIL BILL NO. 22. COUNCIL BILL NO . 22, INTRODUCED BY COUNCIL MEMBER WOLOSYN A BILL FOR AN ORDINANCE EXTENDING THE TEMPORARY SUSPENSION OR MORATORIUM ON THE ISSUANCE OF PERMITS FOR NEW SINGLE-FAMILY ATTACHED AND MULTI-FAMILY RESIDENTIAL CONSTRUCTION. OR ANY HOUSING REQUIRING THE SUBDIVISION OF PROPERTY , IN THE AREA LOCATED BETWEEN WEST EV ANS AVENUE ON THE NORTH, WEST VASSAR AVENUE ON THE SOUTH. SOUTH TEJON STREET ON THE EAST AND SOUTH ZUNI STREET ON THE WEST. FOR AN ADDITIONAL SIX MONTHS. Mayor Bradshaw asked if 1here was any other discussion . There was none. Vote results: Ayes: Nays : Absenl : Motion carried . Counctl Members Nabholz. Garrett. Wolosyn. Yurchick. Gra.zulis, Bradshaw None Council Member Moore (b) Approval of Ordinances on Second Reading There were no additional items submitted for approval on second reading . (See Agenda hem 10 -Consent Agenda .) (c) Reso lutions and Motions (i) Mayor Bradshaw noted that tht, Agenda Item was continued from March 3'". Planner I Frucht l pre,e11 d a recommendation from the Community Development Department to adopt a resoluuon approving 1he ,'roposed Development Review Application Fee Schedule . Staff recommends that CH) Council .:ons1dcr and approve. by resolution. the proposed Development Review Application Fee Schedule as outlined in Exhibit A. he said. On March 3. :?003 Council reviewed the proposed De,elopmem Review Apphca11on Fee Schedule and conunucd it to this evening. March 17*. Additionally, Co uncil recommended 1hat the Alliance for Ci.'mmcrce in Enalewood. which is ACE, review the proposed De, el pmem Re, 1ew Applil.'.auon Fee Schedule . During the ACE meeting. a letter from Jill Carlston. Cha or of the BoJrd of Ad Ju tmcnt and Appeals. \\JS d1,tnbutcd specific to the proposed BOA fee increase. Tha t lener ., in your pad.ct . he .aid . Upon review of the BOA letter and also the memo that was prepared b~ ;,tafl regarding the proposed de,elopment fee . 11 "as ACE's consensus. at that ume . that the proposed lee \\1 1 uld nm hander the de,elopm.:nt o pponunnic "nhin the Cny of Enalcwood. In re ponse to the t .... • • Englewood City Council March 17, 2003 Page9 lcuer prepared by M s. Carlston. on behalf of the Board of Adjustment, staff would like to note that according 10 the survey that was conducted of the 15 municipalities and jurisdictions along the Front Range, that the Board of Adjustment and Appeals fees range between $25.00 and $500.00. So we arc, within that spectrum, kind of in the middle of the road area. Staff would also like to note, as previously stated, that the current development fees have not been looked at. or raised, since the early 1980's. Staff believes that the proposed development application and review fees arc reasonable for cost recovery and also equitable with cities along the Front Range. He asked if there were any questions. Mayor Bradshaw said I have a question in that Ms. Carlston urges Council to adopt a variance fee not to exceed $125 .00 and the Fee Schedule says $225 .00. Council Member Garrett says the proposal is $225 .00. bur she is requesting that we lower it 10 $125 .00. Mr . Fruchtl said yes . Council Member Garren staled Council Member Moore was also very concerned about that. Mayor Bradshaw said can we make that change? Mr. Fruchtl said yes, if Council would like 10. Mayor Bradshaw said I know we can do what we want. but would that cause a delay with anything? Did Ace go over this'/ Council Member Yurchick asked if he could make a couple of comments. Mayor Bradshaw said yes, would you please. Council Member Yurchick said it was really an educational process for me. The real estate people said these fees were fine, 1ha1 they weren 't out of line . Dcvelopcn. he noted. ellpcct these kind of fees when they do a project. One of the interesting things that came out of the discussion. wasn't so much the fees, but that what the developers want is an case in the process of working with the City . That is where their concern is. Nol in these fees , he said, but their concern is about the process and how easy the process is to work with . Mayor Bradshaw said thank you for running that by ACE. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (I) -RESOLUTION NO. 38, SERIES OF 2003 WITH THE CHANGE RECOMMENDED BY THE BOARD OF ADJUSTMENT AND APPEALS. RESOLUTION NO. 38. SERIES OF '.!003 A RESOLUTION APPROVING THE PROPOSED DEVELOPMENT REVIEW APPLICATION FEE SCHEDULE FOR COMMUN ITY DEVELOPMENT. Ma)or Brad haw asked if there was any ot her discussion. There was none . Vote results: Ayes: Nays : Absent: Mo u o n carried . Council Members Nabholz . Garrett, Wolosyn. Yurchick. Grazulis. Bradshaw None Council Member Moore Ma yor Brad,haw thanked Mr. Fruch1I. • t .. • • • Englewood City Council March 17, 2003 Page 10 Mr , Fruchtl said thank you . (ii) Director Gryglewicz presented a recommendation from the Department of Finance and Administrative Services to adopt a resolution approving a Transfer of Funds from the General Fund to the Englewood Urban Renewal Authority. This is a resolution, he said, transferring $5,000.00 from the General Fund to th e Englewood Urban Renewal Fund. The Englewood Urban Renewal Fund docs not have funding or the means to get funding in the way of taxes or fees. but they require this nominal amount for their administration in 2003 . On February 12 . 2003. the EURA Board approved their budget. which included this proposed transfer. Mayor Bradshaw asked if there were any questions or comments. There were none. COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (Ii) -RESOLUTION NO. 39, SERIES OF 2003. RESOLUTION NO. 39, SERIES OF 2003 A RESOLUTION TO TRANSFER FUNDS FROM THE GENERAL FUND TO THE ENGLEWOOD URBAN RENEW AL AUTHORITY (EURA). Vote results: Motion carried. . Ayes: Nays: Absent : Council Members Nabholz. Garrett, Wolosyn. Yurchick, Grazulis, Bradshaw None Council Member Moore (iii) Director Gryglewicz presented a recommendation from the Department of Finance and Administrative Services to adopt a resolution approving a Transfer of Funds from the Capillll Projects and Capital Equipment Replacement Funds and a Reduction of Budgeted Contingency and Community Development Funds. This resolution i,. first of all. making a transfer from the Capital Projects Fund to the General Fund. These arc for leases, he said. and for consistency we wanted to have those ex penditures taken out of the General Fund and that is SI 75 ,402.00. Then the Capital Equipment Replacement Fund is transferring $525,000.00 to the General Fund. basically to boost the reserves for 2003 . Thi s wa s discussed with Council and the Budget Review Committee about a month ago. There is abo an acti o n reducing the Community Development Budget by $50,000.00, because the Shuttle Project is delayed . And. he s aid . there is a reduction in the Contingency Fund of S 135,000.00 because of the delay in imp lementi ng Performance Pay in the City of Englewood . That totals $185,000.00, he said, and that will go back int o the Unreserved/Undes1gnatcd Fund balance. C OUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (iii) -RESOLUTION NO. 40, SERIES OF 2003. RE OLUTION 0 . 40. SERIES OF 2003 ,\ RESOLUTION TO TRANSFER FUNDS FROM THE CAPITAL PROJECTS AND CAPITAL EQ IPI\.I ENT REPLACEMENT FUNDS (CERF) TO THE GENERAL FUND AND TO REDUCE B DGETED CONT INGE NC Y AND COMMUNITY DEVELOPMENT RJNDS. M.1\<>r Br.1d ha" .1,kcd 1f there \\Crc a ny question, or di scussio n. There were none . \' otr l'fflllts: Council Members Nabholz . Garun. Wo lo yn. Yurch1cl.. Grazulis. • ' .. • • Englewood City Council March 17 , 2003 Page 11 Nays : Absent: Motion carried . Bradshaw None Council Member Moore (iv) Benefits/Risk Manager Weber presented a recommendation from the Human Resources Department to approve, by motion, sponsorship of the Englewood Housing Authority for membership in the Colorado Intergovernmental Risk Sharing Agency (CIRSA). The Housing Authority, prior to 2003, had been covered under the City's Worker's Compensation Property Liability. We had a couple of changes going into 2003, she said. that made this change necessary . One being that the Housing Authority is not paid under the City anymore, they have their own separate Federal ID number and they have a separate salary and comp plan. That makes them ineligible to be under our Work Comp and Property and Liability. That is why. she said, they arc asking us 10 sponsor them for membership in CIRSA. Mayor Brad shaw asked if there were any quesrions . COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (Iv) -SPONSORSHIP OF THE ENGLEWOOD HOUSING AUTHORITY IIOR MEMBERSHIP IN THE COLORADO INTERGOVERNMENTAL RISK SHARING AGENCY (CIRSA). Mayor Bradshaw asked if there was any discussion. There was none. Ayes: Nays: Absent : Motion carried. Council Members Nabholz, Garren, Wolosyn. Yurchick, Grazulis, Bradshaw None Council Member Moore 12 . General l>ilamloa (a) Mayor's Choice (i) Mayor Bradshaw said I gave you the copy of the report from National Lea1uc of Cnies. with my editorial comment at the bottom. Thank you for allowin1 me to go. II was a scary time to be in Washington. with people thinking of going to war. The major Statement. she said, that the National League of Cities was going to make. was going to be on that Tuesday momin1 ... when it wu snowin1 on us in Wa,hington 0 .C . People didn't get up 10 go make the ir presentation. So, there were 40 of us and three were from Englewood. We were . actually. a huge conungent. We dtd talk to our national lc1islatorS and that 1s in the report . We were only able to schl!dule mcc1in1 with two of them. Anyway. he saMI, thank you again for allowing me 10 So · (ii) Mayor Bradshaw said 1h1s Saturday there i somcthtnl pretty excuma. We have the annual Back to Bach Concert. It is at 7 :30 and they expect it to be sold OUI . So. she Sllld. tf any of you are miere,ted in auendmg, lei Olga Wol~yn know. Co uncil Member Wolo ) n said I didn't SCI an 1nv1ta1ion. 1111 1 Ma yor Bradshaw said I rcce.-cd ie•eral letters from lod . She aked tfthe rest o f Council had rc,med them ,n 1he1r pad:et . Council Member Wolol)n Sllld yes. Englewood City Council March 17, 2003 Page 12 Mayor Brad shaw noted a skateboarder said it is very rocky and bumpy down at Cushing Park. I went by there. she said. and it is. h is not a very nice facility for those kids and I think his complaints arc pretty valid . So. if we could turn that over to Jerrell Black. she said. and I would be glad to write a letter responding to him. Then. she said. there were the kids at Flood who wanted a youth club. Susan Thornton and I are working with a gentleman on a youth club over at Lowell and Belleview .. .in a vacant building over there:. It used lo be a bingo place. He is trying lo put in a youth club for kids. It is still going to cost mo ney . Whal I got from these kids is that they want a place to hang. Council Member Garrett sai there is the opportunity with the Rec Center project. Mayor Bradshaw .aid right. but as they said, it costs money. Council Member Nabholz said it is 50 cents on Rec nights . Mayor Bradsh.lw said they want a place like a little pizza place, where they could have dances every weekend and things like that . I don't know that we could do all that, but I will write individual responses to their letters and talk to them . Or, she said , we could forward these to the Parks and Recreation Youth Council. What do you think about that? So. she said. we will send these to the Youth Council and the Youth Council needs to respond . Council Member Grazulis pointed out that they do not work over the summer. Mayor Bradshaw said I know. they will need to get right on that. Mayor Bradshaw said Greg talked about the paintball lield. I think people are using our parks for paintball ... l lind those little pellets all over. So, I think paintball is really good, she said, but I think it needs to be in an enclosed environment. I don't know that we want people shooting paintballs all over the place. But. she said, I want to send a letter bllck, under my signature . (iv} Mayor Bradshaw asked if Council had received the date on the Western Homeless Alliance ... on the House of Hope. Council Member Nabholz said no . Mayor Bradshaw said just for your information, it is what I requested . (bl Council Members' Choice (i) Council Member Nabholz : I . She said Nicholas ha s started taking videos to the House of Hope. with the help of the Mayflower C hu rc h and members of the community. He took 37 and he has another 38 to drop off, maybe tomorrow, depending on the weather. Mayflower Church is going to divide their resources between Inter-Faith and the House of Hope. she said. The church has expanded a little bit. but you have to reali ze that even though we have ,ome young bnrli es coming in, it is a very aging church ... it has been there since 1903 . 2. She said she called Joyce Parsons in regards to a big blue tarp over a sign in the 3200 block of ou th Broadway. Ms. Parsons went out and the gentleman was just using it to cover an old car lot sign. be,:au,e he was waning to put his new car lot sig n up . But that should be taken care of tomorrow. she said . (ii) Council Member Wolosyn : I . She said last Thursday our City rccel\cd the Colorado Business Committee for the Ans Leadership Award . I had the great honor of accepting it. she said. I think thal honor was dnven home to me .thjt 111 due to the fores ight of ou r staff that the y went ahead and created this Foundation. It was ruce io ,cc u honored and also. afterwards, to receive so many consratulations from saranacrs who didn't blow .1bout u Cu~ Manager s~ars held up the award . M~. Wo losy n said it is a piece of art by Madeleine Dodge . •• t • • Englewood City Council l\larch 17, 2003 Page 13 Ma yo r Bradshaw said it is gorgeous ... it could go in the Council Member's office or the City Manager 's office. Council Member Garrett said it should go where people will sec it. Council agreed . City Manager Sears said we looked at it today and it looks great right at the top of the stairs, on the wall , across from the rest rooms . Council agreed . Council Member Grazulis suggested they attach a security hook to the piece. 2. She thanked Council for allowing her to attend the NLC Conference. As usual, she said, it was a mixture of awe and frustration . I really appreciated the opponunity. The best experience was going up to the hill with Bev and Gary and listening to them articulate our issues so well . Even though, this year, it was doubtful they were really heard . I volunteered. she said, to write a shon article for the Herald about my experience, as I did last year. 3. She thanked Mayor Bradshaw for her comment about Back to Bach. I hope that we have the great tum out this year. that we had last year. We are lucky to have the principal cellist, of the Colorado Symphony. playing a Bach cello suite. Which is something he doesn't do often for anyone . So I look forward to that, she said . (iii) Council Member Yurchick : I . He said I have yet to see the budget numbers I requested . They could be produced with the pushing of a button. Director Gryglcwicz said it is not quite as easy as pushing a little button right now, but at some point in time it will be . We will have those numbers for you . We arc working on it, he said, we haven't forgotten . When you first implement a system that is as complicated as Oracle is, it takes a little while . Mayor Bradshaw asked if Mr. Gryglewicz had an anticipated deadline as to when Mr. Yurchick will get his numbers . Mr. Gryglewicz said it should be very soon. What you arc looking for, he said, is the detllil by category and we should have those for you by the 24111 • Council Member Yurchick said I am not really pressing . I just wanted to let him know that I haven 't fo rgo tten . Mr . Gryglewicz said we haven 't forgotten either. C ity Manager Sears sai d we actually ha ve the Bud get workshop next Monday night . with a whole range of fo ll ow-u p issues ... so hopefully we ca n ha ve those by then . Director Gryglewicz said th ey are right in the middle of the CAFR right \1ow and we arc a little short handed as we ll , but we will get them for you. 2. He said the re spo nse I received to my Council request deal s with the integrity of the people and that wa, no t my q ue sti o n. I feel we might need to address the approval process and the independence ot' the perso n appro ving. when a City employee conduct s a 1ransaction with the City. Do you understand what I am sa)'ing ? Internal controls. Frank understands that . Like the house on Wesley. That should have been approved out s ide of bu siness development. Maybe at Mike Flaheny·s level. I just think. he said. that there need, 10 be an independe nt ap prova l of those type of transactions. Mr . Yurch1ck aid I didn 't have an issue with this. I used Wesley as an example. It could be somebody buying Jn old po li ce car. • t Englewood City Council March 17, 2003 Page 14 Council Member Garrell said I cannot remember the details of what that said, but a lot of times in corporations, what you do ... if anything is below a certain threshold amount, it goes to the next level supervisor 10 approve ... wharevcr 1ha1 might be . ll goes 10 someone who doesn't have any kind of cdnflicl, he said. Then if ii is over a cenain dollar amount !here is an Ethics Committee and it is submillcd to the committee for review. So you can set up those kinds of processes ... which I think addresses your issue. Any time !here is a conflicl or a potential conflict there is a process in place, which determines how ii is handled . Council Member Yurchick said, like I said , we should, al least. have an approval by the Assistant City Manager. Council Member Garrett said usually you have son of an Ethics Committee to make sure there is no taint in the loop. Mayor Bradshaw said I think that is a good idea . City Manager Scars said we can try 10 sci something like !hat up. because lherc may be other areas where there is a pcrccp1ion of wrong doing, whether !here is or not. Bui I thi.nk there is a question about us being 100 close 10 making a decision for personal gain . I lhink an inlCmal Elhics Commincc really makes sense, he said . Council Member Yurchick said I don'! question whal wcnl on up lhcrc. as much as !he procedures !hat were not in place. City Manager Sears said I appreciate the question. I think -really arc very ethical and an internally aware organization. But I think the process you arc talkina about makes a lot of &ensc . I appreciate i,. he said. and we will try to put something together. · 3. He said while we arc looking al recs ... in Denver. when I requested an ordinance. it cost me $300.00 for an ordinance request rec . Do we want to look at somcthina like lhal in Englewood? Mayor Bradshaw asked what he actually requested . Council Member Yurchick said it was about the vacation or Pecos . I went back to that and I was looking through so me records there and they made me pay a $300.00 rec to request an ordinance . Mayor Bradshaw said wow . ounc1I Member Wolosy n asl..ed if 1ha1 is some thing that happens very often ... people requesting ordinances . Counci l Member Yurchick sa,d tha1 was part of my qucsuon . How many times do those issues come to the table'? To me ii look; like quiu: a bit ... as I am scanning through those kinds of things. Cuy Attorney Brotzman said the lady who does that is sittina riaht lhcrc . Cu> lerl.. Elli, said ,-e don ·1 have that many rcqueslS fur ordinancn. When I pul Ille pacuc IOplhcr. •Iler 1h1ngs arc ,,gncd. wmeumes I w,11 ha,c utra copies and if it is minimal I am no1 l(lin1 to cbar,e them for II We JUSl don 't ha,c tha1 many rcqueu and 111 really nK.-e to be able IO jllll hand lhem die o rdinan.:e 1f the> J I. We ,.,iuld male vn} little money. unless 11 1 a huac recon1s request and we ha,e k~, ,n plJ.:e for rhat We don't h~,e m.lny larst: records rcqllCSI. bw '*hen we do. we jllll charae Ille copy lee o l 10 cent> a page Mr Yur,htd: ~•d that I tine . • • Englewood City Council March 17, 2003 Page 15 (iv) Council Member Grazulis: I . She said this Thursday is the Englewood Chamber of Commerce Outstanding Youth for 2003 Award over at the A VS between 11 :30 and 1:00. 2. She said I wanted to thank Brian with IT . When they did the e-mail switch over this last weekend I had a nightmare. On Monday I called because I hadn't received anything for five days. By the time they got back to me they found that I had 16,000 e-mails. I couldn't open anything, she said, but he was real helpful. I called him a couple of times on things and I just wanted to say I really like Brian. 3. She said I also want to thank Bill McCormick because I have an article for the CITIZEN coming up and I talked to him about some water issues and he gave me the neatest little packet regarding Mclellan. It gives a lot of great information from the beginning until now . Unfortunately, for Leigh Ann, she has to pare down my article a lot, because I had so much information. Mayor Bradshaw said she does that well . Council Member Grazulis said Bill was very helpful. .. above and beyond . 4. She said on south, south Broadway ... on the extreme south, we are losing businesses right and left. There are a lot of vacancies. Besides the other things that won't fill up for quite awhile ... there is just nothing attractive down there anyway. Mayor Bradshaw said maybe we could ask Community Development to look at that. Ms . Grazulis said some of these businesses have been there a long, long time and when they disappear there is just stuff on the windows. Mayor Bradshaw said look at downtown Littleton ... the same thing is happening. 5. She said my youngest daughter sometimes walks home from Sinclair and she goes down Chenango to Lincoln and crosses Broadway and then Lincoln all the way down to the comer of the 4SOO block . And this last week, in the middle of the week. she told me about all the dead animals in the street. She said she found four squirrels, two birds and one unidentifiable .. .it had been squished so much she couldn't tell what it was. There were seven, small dead things. I told her she should be picking up the birds and she said they had all been run over. So I asked her to keep her eyes out for anything fresh and let me know about the fresh things . But. Ms. Grazulis said, there could be somebody with a pellet gun or BB gun, going up and down, or a hawk or owl in the area or it could be something else. But for that to happen at just one stretch of the road .. .I mean we are only talking about four blocks . In response to City Manager $ears, Ms. Grazulis said they were found in the area from Chenango to Stanford. It was weird, she said . Mr. Sears said we will follow-up . (v) Council Member Nabholz sai d I have been without e-mail for so long that I don 't know what it is like to ha ve a com puter at home . I have been nearly eight weeks without a computer that works . The City has been very good to come n ut. she said. but I called last week and said ... look. they have swi tched all of us over and I still cannot acce ,,. Brian has been very good to come out. but he is evidently busy. I reahze they arc busy. she said. but could they put me at the top of the list? I talked to Ke11h !\,ice lust week and he tried to help me get in. They have been very hclpful ... between problems with QWEST and a new modem and everyth,ng else. but I think 11 is time to get this straightened out . Please let me ha,·e my e-mail. she said. Cat~ Mana ger Sears ,aid we will follow up . • • Englewood City Council March 17, 2003 Page 16 Mayor Bradshaw said thanks for bringing that up . 13 . City Manaaer's Report City Manager Sears did not have any matters to bring before Council . 14 . City Attorney's Report (a) City Attorney Brotzman said I am going to Minnesota for a few days to watch college hockey and I will be back next Monday. Mayor Bradshaw said have a safe trip, l hope you can get out of town . 15 . Adjournment OSHA W MOVED TO AD. OURN. The meeting adjourned at 8 :35 p.m . ~~~· PLEASE PRINT PUBLIC COMMENT ROSTER DATE: April 7, 2003 UNSCHEDULED VISITORS MAY SPEAK FOR A MAXIMUM OF FIVE MINUTES ...,NAll,....E.._.....,.. _ __..AQQR_,..gs..,. __________ ___,,j-= ~\ WHEREAS.~Ho~::L=--i' annihilation of European Jewry by Nazi Germany and its collaborators between 1933 and 194S; and WHEREAS, Jews were the primary victims -six million were murdered witb millions more targeted for destruction or decimation for racial, ethnic, reliaioua or national reuona under Nazi tyranny; and WHEREAS, tbe history of tbe Holocaust offers an opportunity to reflect on tbe moral responsibilities of individuals, societies and aovemmenta; and WHEREAS, we the people of the City of Enslewood, Colorado should always remember the terrible events of the Holocaust and remain vigilant apinst batted, persecution and tyranny; and WHEREAS, we the people of the City of Enpwood, Colondo should actively rededicate ourselves to the principles of individual tieedom in a just society; and WHEREAS, the Days of Remembrance have been set uide for the people of the City of Englewood to remember the victims of the Holocaust u well u to reflect on tbe need for respect of all peoples; and WHEREAS, pursuant to an Act of Conpesa (Public Law 96-388, October 7, 1980) the United States Holocaust Memorial Council deaipala Daya of Remembrance or the Victims of the Holocaust to be commemorated tbia year 6om Sunday April 27 tbroup Sunday May 4, 2003 . The Day of Remembrance, f0111 Ha.,l,oaA, ii April 29". NOW THEREFORE, I, Beverly J. Bradshaw, Mayor of the City ofEqlewoocl, Colorado, hereby proclaim tile week or S•aday, April 17 ~•P Suday, May 4. 2113 u DAYSOFREMEMBRANCE in memory of the victims of the Holocaust and in honor of the survivon, u well u the rescuers and liberators and further proclaim that we, u citizens of the City of Eqlewood, Colorado should strive to overcome intolerance and indifference tbroup learnina and remembrance . GIVEN under my band and seal tbia i"' day of April, 2003 . BevcrlyJ.Bndlbaw,Mayor t • • PROCLAMATION WHEREAS, Country Buffet bas provided free services, miesbments and dinners for the Englewood Community, including many City sponsored special events and programs; and WHEREAS, Country Buffet bas provided free meetma space and breakfast for Old Town Englewood meetings, bas donated food for Broadway sidewalk sales, bas provided refreshments for Neighborhood Watch meetings, bas provided barbequc dinners Cc,r Fourth of July, Englewood Christmas Crusade, and Olde Tyme Fair volunteers, hosts a free holiday dinner for low income Englewood residents, bas supplied bot dogs and bamburgen for all in 1rtendaDC11 at the National Night Out Kick-Off event, and supports in excess of twelve Malley Senior Center and Englewood Recreation Center special events and programs annually; and WHEREAS, the General Manager of Country Buffet, Jeffery Pualer, Oencral Manager, Jolla Drblue, Program Manager, and Darryl Wallace, Community Relatioas, deserve special recognition for their untiring efforts to lllppOlt l!qlewood community activities. NOW, TIIEREFORE, I, Beverly J. Bradshaw, Mayor of the City of Englewood, Colorado; City Council Members, Committee Members, Volunteers, andcJl) other citizms of the City of Englewood hereby proclaim our appreciation for their ou111MC!in1 community scrvice. Jeffery Paaaler, Geaeral Maaacer Job D~Prop-am~~ J!Srrii Commallity lleli of Coaatry Ballet GIVEN under my hand and seal the 7th day of April, 2003 . Beverly J. Bradshaw, Mayor ,. t -~ .. .. • . . • • • Date April 7, 2003 INmATED BY: COUNCIL COMMUNICATION Agenda Item 10ai Subject: Intergovernmental Agreement between the City and Arapahoe Coun STAFF SOURCE: anetGrlmm COUNCIL GOAL AND PRMOUS COUNOL ACTION Council passed Ordinance No. 39, Serles of 1994, that was extended by Amendment No. 2 dated June 16, 2000 relating to participation in the Urban County Entitlement Program for CDBG and HOME funds for 2001 through 2003; and, passage of Resolution No. 101, Serles of 2002 supporting Housing and Community Development that authorized submitting applications for 2003 CDBG funding. RECOMMENDED ACTION Approve a Bill for an Ordinance authorizing the execution of four Intergovernmental Subgrantee Agreements for the 2003 Arapahoe County Community Development Block Grant Program between the Arapahoe Board of County Commissioners and the City of Englewood. BACKGROUND, ANALYSIS, AND ALTEINA1MS IDENTIRED The Federal Community Development Block Grant (CDBG) Proa,am provides grants to units of local government and urban counties to meet housint and community delrelopment needa. The objective of the Program is achieved throuah profects developed by lhe local aovemment that are designed to give priority to those activities that benefit low-and modeqte,inc:ome famlles. Funds are allocated by statutory formula to each entitlement area. Arapahoe County Is an ~ entitlement area. The grant funds are distributed by Arapahoe County to each parllclpatlng city within the county. For FY2003, funds are approved to support the folowing projects: 1. $25,000 for the Housing Rehabilitation Project to administer, monitor and rehabilitate 2 tow. income owner-occupied homes scattered thrOUJlhoul the City; 2. $50,000 for the House of Hope Project to provide staffing for 2 employees; 3. $45,000 for the Homeowner Fix.Up Project to administer, monitor and provide panes to improve the vis~ appearance of 9 low-income owner-occupied homes will*' designated neighborhoods in the City; 4 . $30,000 for the Rental Fix.Up Project to administer, monitor and provide panlS to Improve the visual appearance of 6 low-income renter-occupied homes will*' ........, neighborhoods in the City. • • FINANCIAL IMPACT The existing employees in Community Development are available to administer the projects and their salaries and benefits are part of the City's contribution. The City wil utilize a portion of the CDBG funding (est $7,000) from the Housing Rehabilitation and both Fix.Up Projects to par1ially offset the costs of those salaries and benefits. Additional CDBG funding of $10,000 has been approved to hire a contractual program administrator to manage the day-to-day actlvltles ·of both Fix.Up projects. UST OF AnACHMENTS ,. . Bill for an Ordinance. , ... ORDINANCE NO. SERIES OF 2003 BY AUTHORI1Y paNaaq,JitO.¥ INTRODUCED BY cotJNcn.. MEMBER~~~~~ AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF FOUR INTERGOVERNMENTAL SUBGRANTEE AGREEMENTS (CDBO) FOR THE YEAR 2003 BETWEEN THE ARAPAHOE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City council of the City of Englewood approved the execution of an Intergovemmcmal Agreement between the City of Englewood and Araplboe County by pusage of Ordinance No. 39, Series of 1994, covering the City'• participation in the Arlplhoe County CDBG Entitlement Program as extended by Amendment No. 2, for ftmding yean 2001 through 2003;and WHEREAS, the Englewood City Council puaed Resolution 101, Series of 2002, supporting Housing and Community Development that authorized submitting an application for 2003 COBO funding; and WHEREAS, the project by the City of Englewood known as the ''Housing Rehabilitation Project" has been categorized as a rehabilitation activity; and WHEREAS, the project by the City of Englewood known as the "HOUie of Hope Staffing" has been categorized as a public service activity; and WHEREAS, the project by the City of Englewood known as the "Homeowner Fix-Up Project" has been categorized as visual improvement project for low-income OWDCl'-occ:upied homes within designated neipbomoods in the City; and WHEREAS, the project by the City ofEnatewood known as the "Rental Fix-Up Project" has been categorized as a project to improve the vilual appeanmce of low-income remer-oc:c:upied homes within designated neigbhorhoocla within the City; and WHEREAS, the City of Englewood may proceed to incur COltl for these projects unless such acceptaoce is made contingent under Section D-F, Labor Standards, or Section D-0, Environmental Reviews, as contained in the Subgrantee Aan,emcnll and subject to the City of Englewood receiving an official "Notice to Proceed" from Araplboe County. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, 111A T: Section I, The Subgrantce Apeement for the 2003 Araplboe County Community Development Block Grant-Housing Rebabilitatioo Project, aaacbed hereto as Exlullit A. is hereby accepted and approved by the Enatewooct City Council. •• Section 2. The Subpantee Agreement for the 2003 Arapahoe County Community Development Block Grant -House ofHopc Project, attached hereto u Exlu'bit B, ia hereby accepted and approved by the Englewood City Council. · Section 3. The Subgrmtee Agreement for the 2003 Arapahoe County Community Development Block Grant -Homeowner Fix-Up Project, attached hereby u Exhibit C, is hereby accepted and approv~ by the Englewood City Council. Section 4, The Subpantee Agreement for the 2003 Arapahoe County Community Developmeilt Block Grant -Rental Fix-Up Project, u attached hereby u Exlu"bit D, ia hereby accepted and approved by the Englewood City Council. Section 5. The Mayor IDd City Cledt are hereby autborizod to sip IDd attest said Agreements for and on behalf of the City of Englewood, Colorado. · Attest: Introduced, read in full, IDd pused OD first readin& OD the ,. day of April, 2003. Published II a Bill for an Ordinance on the 11• day of April, 2003. Loucrishia A. Ellis, City Clcrlt I, Loucrishia A. Ellis, City Clerk for the City ofEqlewood, Colando, hereby certify dlat the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on fint reading oil the '16 day of April, 2003 . -- SUBGRANTEE AGREEMENT FOR ARAPAHOE COlffiTY IXBlaFTA COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS SUBGRANTU: CITY Of ENGLEWOOD PROJECT NAM!: ROUSING REIIABILITATION PROJECT NtJMBER: ENRll lfr1 This Agreement it made by and bdwecn the Board of County Commi..,.. of the County of Anpaboc. State of Colorado, for the Community Developncnt Block 0nm Propam in the Co.,anunity Services Department (hereinaftar refemd to as the County) and the City of Enpwood (blninaftcr refared to as the SubGnntee) for the conduct of a Community DcveJopmeat Block Gnni (COBO) Project L PURfOU lbe primay ob;ectiw of Tide I of the HOlllina and Comnunity DcveJopmeat Ad. of 1974, as IIJM'llded, and of the Cc-1+1-ily De\s.,._ Block Or.-(CDBG) Propam UDdll' dlia Title ii the deveJopnent of viable lllbm 01 ,.._ by pnmdias decaal hoaliDa, a suitable living mviroamcnt and expanding economic oppo.baiiliel. principaDy blow and modea• inccmc perm. The project by the SubCJnalee known .. lbe Houlina Rcblbili1atioa Project (Project) bu been catepizcd • a Sinllc Family Hoalina Rlblbililllicm pn,jec:a 111d the SubOndee will mah•aio documc:ntatim with lbe Dllioml ob;ectiw of l.ow/Modlme 1Dcane Homma ac:livitia The SubGnmee may pn,ceed ID incur c:OIII for lbe PIOjecl upon reccipl of m official "Notice to Proceed" fiom lbe Coulll). 0. WORK TOH COMl'l.rl'ED IY TID SUBGRANTU The followina provisions oudine the 9COpC oflbe wait to be completed: The SubGranlce will utili2e CDBG fimdina to pnmde low inlcrell loanl and/or gJmla to income eligible homeowners for beakb md ufcty rellled home imp.owmcm. Typical improvanents may include (but are not necessarily limited ID) plumbina. eloc:1ric:al l)lleml, roofl, and HV AC work. prculy ..... md wt.Ibid 11111 the lolal IIDOUIII lo be paid by the County under this DOC acead SZ5i.lll. Drndowm b the paymml of eligal,le expemel lhall be .. -......... lpllCified in the Project Budpt and in accordance with · s t ti b d in SecliaD 11-C. lbe patiea expraaty recopize that the 10 paid ...a. CD8G ftindl received hn lbe fedaal p,vemment, and that the (~ 10 mMC paymllll lO SubGnnlee ii coatinprt upon receipt of such funds. l ' .. t .. • • In the event that said funds, or any part thereo( are, or become, unavailable, then the County may immediately terminate or amend this agreement. To the extent C.R.S. § 29-1-110 is applicable, any financial obligation of the County to the SubGrmtcc beyond the current fiscal year is also contingent upon adequate funds being appropriated, budgeted and otherwise available. B. TlmeHae All Project activities will be completed by May 31, 2004 unless this Agrcc:mcnt is modified by mutual agreement of the County and SubGrantec. C. Performance Crlterta In accordance with the funding applicauon submitted by the SubGrantec for the Project, the criteria listed below are to be met during the execution of the Project. 1. Quantifiable Goals: The SubGrantec will provide two home improvement loam or grants to income elisible Englewood homeowners. All improvements tbndod under this grant are 1D be performed in compliance with applicable local or industry codes and standarda. 2. Community Impact: By completing the project, the SubGranteo will reduce the number of .......,.,.. homes in the City of Englewood by 0.0001 'Yo. The Sub0rantec will maintain written records docmnc:orina the Project's community impact for a period of five years followina completion of the Project. Thia inbmllion is to be made available (upon request) to Arapahoe County or the U.S. Depll1lnml of Housing and Urban Development for monitoring purpoeea. 3. Quarterly Performance Standards: June 30, 2003: September 30, 2003: December 31, 2003: March 31, 2004: May 31, 2004: I No requirements established No requirements established Market program. interview potential clienla Provide one rehabilitation loan/pant Provide one rehabilitation lom'pllll Complete all renovatiom ftmded by pn,ject Submit final drawdown and compldbi NpOII ID COllllly 2 • • D. Reporda1 Reqairemeats 1. Project reports will be due within one month following the end of each calendar year quarter (March 31, June 30, September 30, December 31) until the Project is completed. 2. The official annual audit and/or Financial Statements for the SubGrantee in which both revenues and expenditures for the CDBG Projects descnl>ed herein arc detailed arc due annually. E. Labor Studardl (Dava-Bacoa) It is determined that: Project activities do not require compliance with federal labor standards. Notwithstanding any provision of this Agreement, the parties hereto agree and acknowledge that this Agreement does not constitute a commitment of funds or site approval, and that such commitment of funds or approval may occur only upon satisfactory completion of environmental review and rcccipt by Arapahoe County of a release of funds from the U.S. Department of Housing and Urban Development under 24 CFR Part 58. The parties further agree that the provision of any finis to the project is conditioned on Arapahoe County's determination to proceed with, modify, or cancel the project based on the n:sults of a subsequent environmental review. G. Uaiform Relocatloa Act (URA) Project activities do not require compliance with the Uniform Relocation Act. H. Lad Baled hbat The SubGrantee will comply with County policies and all state and federal regulations and guidelines related to minimizing lead hazards in residential properties, including 24 CFR Part 35 and Colorado Regulation Number 19. m. RESPONSIBILITIES OF THE SUBGRANTEE A. Federal Compliance The SubGrantee shall comply with all applicable federal laws, regulations and requiremems, and all provisions of the grant agreements rcccived from the U.S. Department of Housing and Ud>la Development (HUD) by the County. These include but are not limited to compliance with die provisions of the Housing and Community Development Act of 1974 and all rules, regalatiom. guidelines and circulars promulgated by the various federal departments, agencies, adminiltrlliom 3 t • • and commissions relating to the CDBG Program. A listing of some of the applicable hws and regulations are as follows: 1. 24 CFR Part 570; 2. 24 CFR. Parts 84 and 85; 3. Title VI of the Civil Rights Act of1964; 4. Title vm of the Civil Rights Act of 1968; 5. Sections 104(b) and 109 of the Housing and Community Development Act of1974; 6. Fair housing regulations established in the Fair Housing Act, Public Law 90-284, and Executive Order 11063; 7. Section 504 of the Rehabilitation Act of 1973; 8. Asbestos guidelines established in CPD Notice 9044; 9. The Energy Policy and Conservation Act (Public Law 94-163) and 24 CFR Part 39; 10. Equal employment opportunity and minority business entc:rprise regulations established in 24 CFR part 570.904; 11. Section 3 of the Housing and Urban Development Act of 1968; 12. Non-discrimination in employment, established by Executive Order 11246; 13. Lead Based paint regulations established in 24 CFR Parts 35 and 570.608; 14. Audit requirements established in 0MB Circular A-133; and 15. Cost principles established in 0MB Circulars A-87 and A-122. Additionally, in accordance with 24 CFR Part 570, no employee, official, agent or consultant of the SubGrantee shall exercise any function or respons1bility in which a conflict of interest, real or apparent, would arise. The SubGrantce cannot engage in a federally fbndcd contract with any entity -registered in the Lista of Parties Excluded From Federal Procurement or Nonprocunment Programs. B. Non-Approprladoas Clame The SubGrantee agrees that it will include in every contract it enters, which relies upon CDBG monies for funding, a non-appropriation clause that will protect itself and the County &om any liability or responsibility or any suit which might result from the dilcontinuance of CDBG funding for any reason. Because this SubGrantee Agreement involves funds from a federal grant, to the extent there is a conflict the funding provisions of this SubGrantee Agreement, the federal grant and the federal statutes control rather than the provisions of Section 24-91-103.6, C.R.S. with regard to any public work projects. C. Expenditure Restrictiom All CDBG funds that are approved by HUD for expenditure under the County's grant agreement, including those that are identified for the SubGrantee'a Projects and activities, shall be a1localed to the specific projects and activities described and listed in the grant agrermenta. The allocated funds shall be used and expended only for the projects and activities for which the funds are idemified. D. A&reemeat Cbaaaes 4 • • No projects or activities, nor the amount allocated therefor, may be changed without approval by the County and acceptance of the revised Final Statement and/or Consolidated Plan by HUD, if required. Changes must be requested in writing and may not begin until a modification to this Agreement is fully executed. · E. Direct Project Supervision and Administration The SubGrmtee shall be responsible for the direct supervision and administration of its respective projects or activities. This task shall be accomplisbcd through the use of the SubGrantee's staff; agency and employees. The SubGrantee shall be responm'ble for any injury to penons or damage to property resulting from the negligent acts or errors and omissiom of its staff; agents and employees. Because the SubGrantee is respons1'ble for the direct supervision and adminiatration of its projects or activities, the County shall not be liable or respons1'ble for COit ovemms by the SubGnotee on any projects or activities. The County shall have no duty or obligation to provide any additional funding to the SubGrantee if its projects or activitiCII cannot be completed with the funds allocated by the County to the SubGrantee. Any cost ovemms shall be the sole responm'bility of the SubGrantee. 1. The SubGrmtee agrees that all funds allocated to it for approved projects or activities shall be used solely for the purposes approved by the County. Said funds shall not be used for any non-approved purposes. 2. The SubGrmtee agrees that the funds allocated for any approved projects or activities shall be sufficient to complete said projects or activities without any additional CDBG funding. F. lademalty To the extent allowed by law, the SubGrmtee shall indemnify and bold hll1nlea the County and its elected and appointed officials, officers, employees and agents from and apinst any and all losses, damages, liabilities, claims, suits, actions or costs, including attomcyl fees, made, auerted or incumd as a result of any damage or alleged damage to person or property occasioned by the acts or omissions of SubGrantee, its officers, employees, agents, COD1rlctOn or subcontractors, ~ out of or in any way connected with the Project or the performance of this contract. G. Bonclln1 and Ia1annce If the SubGrantee's projects involve construction activities, any Contractor it uses for said activities shall be required to provide and maintain, until final acceptance by the SubGrantee of all work by such Contractor, the kinds and minimum amounts of insurance u follows: 1. Comprehensive General Liability: In the amount of not leu tbm $1,000,000 combined single limit Covc:nae to include: a. Prc:miles Opcntionl 5 t • • 2. b. Products/Completed Operations c. Broad Form Contractual Liability d. Independent Contractors e. Broad Form Property Damage f. Employees as Additional Insured g. Personal Injury h. Arapahoe County and the SubGrantce as Additional Named Insured i. Waiver of Subrogation Comprehensive Automobile Liability: In the amount of not lea than $1,000,000 combined single limit for bodily injury and property damage. Coverage to include: L Arapahoe County and the Sub0notee u additional Named Insured b. Waiver of Subrogation 3. Employers Liability and Workers C,ompcnsation: The Contnctor shall aecure and maintain employa's liability and Wodta's Compen111ion Imunmce that will protect it against any and all claims resulting fiom injuries to and dealh of worbn enpged in work under any conlract funded pursuant to this agreement. Coverage to include Waiver of Subrogation. 4. All referenced insurance policies and/or certificates of insurance shall be subject to the following stipulations: L Underwriters shall have no rights of recovay subrogation against Arapahoe County or the SubGrantee; it being the intent of the parties that the insurance policies so effected aball protect the parties and be primary coverage for any and all losses covered by the delcn'bed insunnce. b. The clause entitled "Other lmurancc Provisionl" C014liined in any policy including Anpaboe County u an additional named iJllunld aball not apply to Arapahoe County or the Sub0rlntee. c. The insurance c:ompmies illUing the policy or polic:ia sbaU have no recoune against Anpaboe County or the SubGnntee for payment of any premilDDI due or for any UI TCOII under any Conn of Ill)' policy. d. Any and all deductibles contained in any inlunmce policy shall be mwned by and at the sole risk of the Contnictor. 5. Certificate of Insurance: The Contractor shall not commence work under any contract funded pursuant to this Agreement until he bu submitted to the SubGrmtee, received approval thereat certificates of insurance showing that he has complied with the foregoing insurance reqwremcnts. The SubGnmtcc shall also submit a copy of the Contractor's certificates of insul1mce to the County. 6. Notwithstanding the provisions contained in this paragraph (H) let forth hereinabove, the County reserves the ript to modify or waiw aid proviaiom for projects or activities for which these proviliom would prove prohibitive. The 6 t • • SubGrantee understands, however, that the decision to waive or modify those provisions is fully within the discretion of the Cowity. In accordance with 24 CFR parts 84 and 8S, the following bonding n,quirementa shall apply to all projects exceeding the simplified acquisition threshold: 1. A bid guarantee from each bidder equivalent to 5% of the bid price; 2. A performance bond on the part of the comractor for lOO'Ai of the contract price; and 3. A payment bond on the part of the contractor for 100'/o of the contract price. e. Records The SubGrantee shall maintain a complete set of boob and recorda c:locmneating its use of CDBG funds and its supervision and adrninimation of the Project. Records are to include doc:umentalion verifying Project eligibility and national objective compliance, 11 well u financial and other administrative upocts involved in performing the Project. The SubGrmtee lbaO provide full access to these books and records to the County, the Secretary of HUD or bis designee. the Office of Inspector General. and the General Accowiting Office 10 that compliance with Federal laws and regulations may be confirmed. The SubGrantee further agrees to provide to the County upon request, a copy of any audit reports pertaining to the Sub0nmtee'a financial operations during the term of this Agreement. All records pertaining to the Project are to be maintained for a minimwn of five years following close-out of the Project. I. Reportln1 The SubGrantee shall file all reports and other infomwion oeceasary to comply with applicable Federal laws and regulations as required by the County and HUD. Thia shall include providing to the County the information necessary to complete annual Performance Reports in a timely fashion. J. Tlmellaea The SubGrantee shall comply with the quarterly perfonnance atandarda established in Section D.C of this Agreement The SubGrmtee understands that failure to comply with the established standards may lead to a cancellation of the Project and a loss of all unexpended ftmda. K. Reimbunemeat for Eqtema The SubGrantee agrees that before the County can diatnbute any CDBG funds to it, the SubGrantee must submit to the County's Housing and Community Development Services Division documentation in the form required by that Division which properly and fully identifies the amount which the SubGrantee is requesting at that time. The County lbaO have ten (10) working days to review the request. Upon approval of the request, the County will distribute the requested funds to the SubGrantee as soon u pouible. L ProsnlD Iac:ome 1 " t , • • Program income received by the SubGrantce fiom loam made under this Agreement ia to be retained by the SubGrantce for the purpose of providing further housing rehabilitation loans or grants. After the cumulative amount of funding provided under this Agreement baa been recycled in its entirety one time, the SubGrantce may retain all future revenue. Should the SubGrmtce's Housing Rehabilitation program close before the SubGrantce baa recycled the entire amount of funding provided under this Agreement, the SubGrantce will continue n::mitting program income to the County until the cmnulative amount of funding baa been retumed or recycled. M. Real Property Real property acquired in whole or in part with CDBG fimda shall be utiliz.ed in accordance with the scope and goals identified in Sections I and Il of this Agn,emmt. Should the property in question be sold or otherwise disposed o~ or the approved propa1y usage diacontinued, the SubGrantee shall adhere to the mpmanents of24 CFR Parts 84 or 85 (u applicable) regarding the use and disposition of ral property. N. State ud Couty Law C~lluee All rcsponmbilities of the SubGnmtce enumerated baein shall be subject to applicable State statutes and County ordinances, resolutions, rules, and regulations. O. Subcontracts If subcontracts arc used on the Project, the SubGrantce agrees that the provisions of this Agreement shall apply to any subcontract P. Supemion or Termlaatloll This Agreement may be suspended or terminated by the County if the SubGrantce matcrial1y fails to comply with any term of this Agreement This Agreemcm may allO be terminated for convenience by mutual agreement of the County and the SubGrantce. Q. In the event that the Unit of General Local Government should withdraw fiom the County's "Urban County" designation, this Agreement shall terminate u of the termination date of the County's CDBG grant Agreement with HUD. R. The SubGrantee certifies that to the best of its knowledge and belief 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempang to influmce an officer or employee of any agency, a Member of Coogresa, an oftlcer or employee of Coapea. or an employee of a Member of Conarea in cam,ectinn with the awardin& of any Fedenl contract, the making of any Federal pant, the making of any Federal loan, the entering into of any coopenlive aareanent, and the extemion, oonnm•erion, 8 ·" .. • • renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; and, 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for intlucncing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or cmplo~ of Congress, or an cmplo~ of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Fonn-Ll..L, "DiscloSW'C Fonn to Report Lobbying." in accordance with its instructions. S. Dlsallowance If it is determined by HUD or other federal agency that the expenditure, in whole or in part, for the SubGrantec's Project or activity was improper, inappropriate or ineligible fur reimburscmcnt, then the SubGrantec shall reimbunc the Co1mty to the full extent of the disallowance. IV. RESPONSmILITIES OF THE COUNTY A. Admlalstrative Coatrol The Parties recognize and UDdcrstand that the Colmty will be the govemmc:ntal entity required to execute all grant agreements received tiom l:RJD pursuant to the County's requests for CDBG funds. Accordingly, the SubGrantcc agrees that u to its projects or activities performed or conducted Wldcr any CDBG agreement, the County shall have the nccesmy administrative conlrol requimi to meet HUD requirements. B. Performance and Complluce Mollitorillc The Co1mty's administrative obligations to the SubGnmtec pursuant to porapapb A above shall be limited to the pcrfonnancc of the administrative tasks necemry to make CDBG funds available to the SubGrantec and to provide a Monitoring Specialist whole job it will be to monitor the various projects funded with CDBG monies to monitor compliance with applicable Federal lawa and regulations. C. Reportia& to HUD The County will be responsible for seeing that all ncccamy repo11s and information required of the County are filed with HUD and other applicable Federal agencies in a timely fubion. V. EXTENT OF THE AGREEMENT This agreement, including any documents a1tacbed as exhibits which are bcrcby incorporated herein by reference, represents the entire and integrated agreement betwem the County and SubGnnteo and supercedcs all prior negotiations, representations or lgreanenll, either written or oral Any amendments to this agreement must be in writing and sisned by both the County and SubGnnteo. 9 • • If any portion of this agreement ia found by a court of competmt juriadic:tion to be void and/or unenforceable, it is the intent of the partia that the IWDIDriog portions ofthia agreement lhall be of full fi>n:e and effect 10 In Witness Whereof: the Parties have caused this Agreement to be duly executed this _____ day of ___________ __,2003. SubGrantee: City of Englewood Signature Tide Board of County CommillKllllln Arapahoe County, Colondo Justin A. Hamel on behalf of the Board of County Commiuionen Pursuant to Resolution #030121 , 11 PROJECT BUDGET COLUMN A COLUMN• COLlJMNC COLUMND ,.....w.-........ n.lC..tl (JlaG ... o..-.... c...-.. ........... ~ ............. Slo.AJOO SZ.000 suao l Laa/pl ...... S4l,OOO m.ooo m.ooo r.1 TOTAL: S5l,OOO m.oao --c _ SUBGRANTEEAGREEMENTFOR ARAPAHOE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS SUBGRANTEE: CITY OF ENGLEWOOD PROJECT NAME: HOUSE OF HOPE STAFFING PROJECT NUMBER: ENPS 310 This Agreement is made by and between the Board of County Commissioners of the County of Arapahoe, State of Colorado, for the Community Development Block Grant Program in the Corrnrnurity Services Dcpattment (bercinaftc:r refened to as the County) and the City of Englewood (haeinafter refmed to as the SubGrantce) for the conduct of a Community Development Block Grant (CDBG) Project. L PURPOSE The primaiy objective of Tide I of the Housing and Community Developmmt At:t of 1974, as ammdNI, and of the Community Development Block Grant (CDBG) Program under tbia Tide ia the development of viable urban communities, by providing decent housing. a suitable living environment and expanding economic opportunities, principally for low and modcnte income persona. The project by the SubGrantce known as the Houae of Hope Staffing Project (Project) bu been categorized as a Public Services project and the SubGrantce will maintain docummutim wi1b the Dltioaal objoctive of Limited Clientele activities. The SubGrantce may proceed to incur costs for the Project upon receipt of 111 official "Notice to Proceed" from the County. U. WORK TO BE COMPLETED BY THE SUBGRANTEE The following provisions outline the scope of the work to be compleled: , The SubGrantce will utilize CDBG funding to provide staffina at the Houae of Hope, which provides long tcnn shelter and supportive services for bomeleu families. A. Paymeat It is expressly agreed and undc:ntood that the total IIDOIIDl to be paid by the County under tbia contract shall not exceed SS0,000.00. Drawdowna for the paymmt of elipl,le cxpemea lhall be made against the line item budpll spec:ifiod in the Project Budpt and in accordmce wilb performance criteria establilbed in Section 0-C. The pll1iel aprealy recopize that the SubGrantce is to be paid with CDBG ftmdl received 6om the fedml 10vm11D1D. and Iba the obligation of the County to make payment to SubOnntee ii c:cni,.,,, upon receipt of u:b ftmdL In the event that said funds, or any pat tbereot an, or become. unavailable, then the County may l I • • t • • immediately terminate or amend this agreement. To the extent C.R.S. § 29-1-110 is applicable, any financial obligation of the County to the SubGrantee beyond the current fiscal year is also contingent upon adequate funds being appropriated, budgeted and otherwise available. B. Tlmellne All Project activities will be completed by May 31, 2004 unless this Agreement is modified by mutual agreement of the County and SubGnmtee. C. Performaace Criteria In accordance with the funding application submitted by the Sub0nmtec for the Project, the criteria listed below arc to be met during the execution of the Project. 1. Quantifiable Goals: The SubGrantec will utilize CDBG funds for the continued employment of one full time case manager and one family advocate at the House of Hope (3301 Soulb Gnat Street, P.nglewood). Both positions will bo employed by Family Tree, which provides slaffing and services at the facility. By maintaining the two positions, the SubGnmtee will provide services for a minimmn of 10 homeless familica per month for the duration of the grant period The SubGnmtee may not charge feel or accept donatiom for services provided under this grant 2. Community Impact: During the course of the project, ll lellt 7S% of the fimiliel raidina at the HoU1e of Hope will meet the bousin& employment. oducllioo, and other pis of their family plam. The SubGnmtee will mainlain written records documemina the Project's community impact for a period of five )'al'I following c:omplelioo of the Project. Thia infonmtion is to be made available (upon requell) 1o Arapahoe County or the U.S. Department of Housing and Urban Devdopmmt for monitiorina pulpOICII. 3. Quarterly Perfonnancc Standards: June 30, 2003 : Provide servicel 1o 10 f'amiliel September 30, 2003 : December 31 , 2003 : Provide services 1o 10 &milill -=b monlb l • t .. • • March 31, 2004: May 31, 2004: Provide services to IO families each month Provide services to IO families each month Submit final drawdown and completion report to County D. Report1n1 Reqalremeaca I. Project reports will be due within one month following the end of each calendar year quarter (March 31, June 30, September 30, December 31) until the Project is completed. 2. The official annual audit and/or Financial Statcmema for the SubGnmlee in which both revenues and expenditures for the CDBG Projects dcacn"bed haein are detailed are due annually. E. Labor Studank (Davts.Bacoa) It is determined that: Project activities do not require compliance with federal labor ltandmda. F. Eaviroameatal Review Notwithstanding any provision of this Agreement. the parties bmdO aaree and acknowledae that this AsJeemem does not comtitute a c:ammitmmt of fimdl or lite appoval, ml that IUch commitment of filnda or approval may occur only upon ua!Mlly complalion of envi .. 11,.,,., review and receipt by Arapahoe County of a relme of fi.adl tom 1be U.S. Depabiiiiid oflfouliq and Urban Development under 24 CFR Part 58. The pan;. ftll1la ..-that the pnwisian of my funds to the project is conditioned on Anlplboe County's dtdeililiDIMll to plOCeld with, modify, or cancel the project hued on the resulta of a mblequllll cavirol...,..I review. G. Ulliform llelocadoa Act (URA) Project activities do not require compliance with the Uniform Relocalion At:t. m. RESPONSIBILITIES OF THE SUBGRANTU A. Federal Compllaace The SubGrantee shall comply with all applicable federal laws. ffllldetionl 111d req1DIIIIIIIIII. 111d all provisions of the grant agrcemcnta received fiOm tbe U.S. Depa1ma of ffouliDa 111d Urbm Development (HUD) by the County. Thao iDclude but ae nat limited IO ..,....u-a wi1b tbe provisions of the Hou.sin& and Coamunity DeYeloponn Ad. of 1974 111d all ruJea. replaricn, guidelines and circulars promulpred by the varioua federal depatmll,II. apnciel, n11i11itbatiom 3 • ' • • and commissions relating to the CDBG Program. A listing of some of the applicable laws and regulations are as follows: 1. 24 CFR. Part 570; 2. 24 CFR. Parts 84 and 85; 3. Title VI of the Civil Rights Act of 1964; 4. Title VIII of the Civil Rights Act of 1968; 5. Sections 104(b) and 109 of the Housing and Community Development Act of 1974; 6. Fair housing regulations established in the Fair Housing Act, Public Law 90-284, and Executive Order 11063; 7. Section 504 of the Rehabilitation Act of1973; 8. Asbestos guidelines established in CPD Notice 90-44; 9. The Energy Policy and Conservation Act (Public Law 94-163) and 24 CFR. Part 39; 10. Equal employment opportunity and minority business enterprise regulations established in 24 CFR. part 570.904; 11. Section 3 of the Housing and Urban Development Act of 1968; 12. Non-discrimination in employment, established by Executive Order 11246; 13. Lead Based paint regulations established in 24 CFR. Parts 35 and 570.608; 14. Audit requirements established in 0MB Cin:ular A-133; and 15. Cost principles established in 0MB Circulars A-87 and A-122. Additionally, in accordance with 24 CFR Part 570, no employee, official, agent or cooaultant of the SubGrantee sball exercise any function or respons1bility in which a conflict of interest, real or apparent, would arise. The Sub0rantee CIIIDOt engage in a fcdaally funded COlllnct with any entity registered in the Lists of Parties Excluded From Federal Procuranmt or Nonprocurm1ent Programs. B. Noa-Approprlatlou Clame The SubGrantee agrees that it will include in every contract it enters, which relies upon CDBG monies for funding, a non-appropriation clause that will protect itsclf and the County fiom any liability or respoDSibility or any suit which might result from the discontinuance of CDBG funding for any reason. Because this SubGrantee Agreement involves ftmds fi:om a federal grant, to the extent there is a conflict the funding provisions of this SubGrantee Agreement, the federal grant and the federal statutes control rather than the provisions ofSection 24-91-103.6, C.R.S. with regard to any public work projects. C. Expenditure Restrictions All CDBG fimds that are approved by HUD for expenditure under the County's grant as,ecmc:nt, including those that are identified for the SubGrantee'a Projec:IB and activities, sball be allocated to the specific projects and activities dcscnbed and listed in the grant agrecmenta. The allocated funds shall be used and expended only for the projec:IB and activities far which the funds are identified. D. A1reemeatCbaa1a 4 • • No projects or activities, nor the amount allocated therefor, may be changed without approval by the County and acceptance of the revised Final Statement and/or Consolidated Plan by HUD, if required. Changes must be requested in writing and may not begin until a modification to this Agreement is fully executed. E. Direct Project Supervision aud Admlailtndoa The SubGrantee shall be responsible for the direct supervision and administration of its respective projects or activities. This task shall be accomplished through the use of the SubGrantec's BtUt agency and employees. The SubGrantee shall be respollSlble for any qmy to penons or damage to property resulting from the negligent acts or enon and omiaiODI of its BtUt agents and employees. Because the SubGrantee is respollSlble for the direct supervision and administration of its projects or activities, the County shall not be liable or respollSlble for COit overruns by the SubGrantee on any projects or activities. The County shall have no duty or obliption to provide any additional funding to the SubGrantec if its projects or activities cannot be completed with the funds allocated by the County to the SubGrantee. Any COit ovemms shall be the sole respollSll>ility of the SubGraotee. 1. The SubGrmtee agrees that Dll funds allocated to it for approved projects or activities shall be used solely for the purposes approved by the County. Said funds shall not be used for any non-approved purposes. 2. The SubGrantec agrees that the funds allcnted for any approved projects or activities shall be sufficient to complete said projocta or activities without any additional CDBG funding. F. lademaity To the c:xtcnt allowed by law, the SubGnatee sball indamity ml bold barmlm the County and its . elected and appointed officials, officen, employees ml ...... fiom and apiDlt my ml all loam, damages, liabilities, c1aima. suits, actiona or COltl, includina llklmlyl fees, made, alClted or incumd u a l'Cllllt of any damage or alleged damage to pcnoo or property occllioncd by the acts or omissions of SubGrmtee. ill officen, employees, apnll, wutaacton or IUbconllacton. arisina out of or in any way coonec:tcd with the Project or the performance oftbis CODtract. G. Boadla1 ud .... nace If the SubGnmtee's projects involve conmuction activities, any Contractor it mes for said activities shall be required to provide and maintai",, until final ~ by the Sub0nntee of all walk by such Contractor, the kinda and minimum amounll ofimunnce u follows: l. Comprehensive General Liability: la the amount of not lea lbln $1,000,000 c:cmbincd single limit Covcnp to include: a. Premises Operaliona s .. t • • • 2. 3. Products/Completed Operations c. Broad Fonn Contractual Liability d. Independent Contractors e. Broad Eonn Property Damage f. Employees as Additional Insured g. Personal Injury h. Arapahoe County and the SubGrantee as Additional Named Insured i. Waiver of Subrogation Comprehensive Automobile Liability: In the amount of not less than $1,000,000 combined single limit for bodily injury and property damage. Coverage to include: L Arapahoe County and the SubGrantee as additional Named Insured b. Waiver of Subrogation Emplo)'a! Liability and Workers Compensation: The Contractor shall secure and maintain employer's liability and Worker's Compensation Insurance that will protect it against any and all claims resulting from injwies to and death of workers engaged in work under any contract funded pursuant to this agreement Coverage to include Waiver of Subrogation. 4. All referenced insurance policies and/or certificates of insurance shall be subject to the following stipulations: L Underwriters shall have no rights of recovery subrogation against Arapahoe County or the Sub0rantee; it being the intent of the parties that the insurance policies so effected shall protect the parties and be primary coverage for any and all losses covered by the deacnbed insurance. b. The clause entitled "Other Insunmce Provisions" contained in any policy including Arapahoe County as an additional named insmed shall not apply to Arapahoe County or the Sub0rantee. c. The insurance companies issuing the policy or policies shall have no recourse against Arapahoe County or the SubGnntce for payment of any premiums due or for any assessments under any form of any policy. d. ' Any and all deductibles contained in any insurance policy shall be assumed by and at the sole risk of the Contractor. 5. Certificate of Insurance: The Contractor shall not commence work under any contract funded pursuant to this Agreement until be bu submitted to the SubGrantee, received approval thereof; certificates of insurance showing that be bu complied with the foregoing insurance requirancnts. The Sub0rantce shall also submit a copy of the Contractor's certificates of imurance to the County. 6. Notwithstanding the provisions c:ontainecl in this pangraph (H) Id forth hereinabove, the County reserves the right to modify or waive aid provisiona for projects or activities for which these provisions would prove prohibitive. The 6 t .. ·: • • SubGrantee understands, however, that the decision to waive or modify those provisions is fully within the discretion of the County. In accordance with 24 CFR parts 84 and 8S, the following bonding requirc:mcnts shall apply to all projects exceeding the simplified acquisition threshold: 1. 2. 3. A bid guarantee from each bidder equivalent to 5% of the bid price; A performance bond on the part of the contractor for 100% of the COlllract price; and A payment bond on the part of the con1ractor for I 00-A, of the contract price. H. Records The SubGrantee shall maintain a complete set ofbooka and records documc:ating its use of CDBG funds and its supervision and administration of the Project. Records arc to include documentation verifying Project eligibility and national objective compliance, u well as financial and olbcr administrative aspects involved in performing the Project. The SubGnmtee shall provide full access to these books and records to the County, the Sec:rctary of HUD or his deaignec, the Office of Inspector General, and the Gcncra1 Accounting Office so that compliance wi1b Fedcnl laws and regulations may be confirmed. The SubGnmtec further agrees to provide to the County upon request, a copy of any audit reports pertaining to the SubGnmtee's financial operations during the term of this Agreement All records pertaining to the Project are to be maintained for a minimum of five years following close-out of the Project. I. Report1a1 The SubGrantec sball file all reports and Olber information my to comply wi1b applicable Federal laws and regulations u requirm by the County and HUD. Thia shall include providing to the County the information necessary to complete lllll1ll1 Pc:rfonnancc Rlporta in a timely faabion. J. Tlmellnea The SubGrantee sball comply with the quarterly perfonmnce ltlDdarda elblblilbed in Section 11-C of this Agreement The SubGnmtee understands that failure to comply with the Cllablisbed standards may lead to a cancellation of the Project and a 1ou of all unc:xpmded funds. K. Relmbanement for Eq,aua The SubGrantee agrees that before the County can dillnllute my CDBG funds to it, the SubGrantec must submit to the County's Housing and Community Developmmt Services Division docwnentation in the form required by that Division which property md tbUy identifies the IIDOUDl which the SubGrantee is requesting at that time. The County sball have tm (10) wodtina days to review the request. Upon approval of the request, the County will dillnllute the requested funds to the SubGrantee u soon u possible. L. Proanrn Jacome 7 " ' • • All program income directly derived from the Arapahoe County Community Development Block Grant Program received by the SubGnntee will be retained by the SubGnntee and will be dispersed for ill approved CDBG Project activities before additional CDBG funds are ratucsted from the County. Following completion of the SubGrlmtce'1 Arapahoe County CDBG Projecta, all program income directly generated from the use ofCDBG funds will be nmittcd to the County. M. Ral Property Real property acquired in whole or in part with CDBG funds shall be utilized in accordance with the scope and goals identified in Sections I and n of this Agreement. ShouJd the property in question be sold or otherwise disposed o( or the approved property uaage discontinued, the SubGrantee shall adhere to the requimnents of24 CFR. Parts 84 or 85 (11 applicable) regarding the use and dilpolition of real property. N. State ud Couaty Law CompUaace All responsaoilities of the SubGnmt.ee eoumented herein shall be subject to applicable State statutes and County onlinances, raolutions, rules. and regulations. 0. Sabcoatncts If subcontracts are used on the Project, the SubGrlmtce agrees that the provisions of this Agreement shall apply to any subcontract. P. This Agreement may be SUlpCOded or temunated by the County if the SubGnmtee m11criaUy filila to comply with any term of this ApemmL Thia .Agreemmt may allo be tcm,inated for convenience by mutual agreement of the County and the SubGrmtee. Q. In the event that the Unit of General Local Govemmeat should withdraw 6om the County's "Urban ColDlty" designation. this Agreement shall laminate u of the tamimtion date of the County's CDBG grant Agreement with HUD. R. The SubGrantee certifies that to the best of ill knowledge and belief. l. No Federal approprialcd funds have been paid or will be paid. by or on bcbalf of it. to any person for influencing or attempting to intlumce an officer or employee of any agency, a Member of Congreu, 111 officer or cnployee of Ccaar-. or Ill employee of a Member of Conpea in connectiion with the awardina of any Federal contract, the making of any Federal pant, the llllkina of any Federal loan, the entering into of any coopentive apemmt. IDd the cxtmlioa. conlimllMII. renewal, amendment. or modification of my Federal comact. 11'1111. 1oa, or coopcntive agreement; and. 8 • • 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to intlumcc an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan. or cooperative agreement, it will complete and submit Standard Form-LU., "DiscloSW"C Form to Report Lobbying." in accordance with its instructions. S. Dlsallowuce If it is dctennined by HUD or other federal agency that the expenditure, in whole or in part, for the SubGrantcc's Project or activity was improper, inappropriate or incliBJ.ole for reimbursement, then the SubGrantcc shall reimburse the County to the full extent of the disallowancc. IV. RESPONSmILITIES OF THE COUNTY A. Admilliltratlve Control The Parties rccognizc and understand ,·,at the County will be the govemmental entity required to execute all grant agreements received from HUD pursuant to the County's requests fur CDBG funds. Accordingly, the SubGrantcc agrees that as to its projecta or activities performed or conducted under any CDBG agreement, the County shall have the necessary administrative CODIIOI required to meet HUD requirements. B. Performuce ud Complluce MOllltorlq The County's administrative obligations to the SubGrantcc pursuant to panarapb A above shall be limi~ to the performance of the adminillnlive tasb aecaury to make COBO funds available to the SubGrantcc and to provide a Monitoring Specialist wbolc job it will be to monitor the various projects funded with CDBG monies to monitor complim:c with applicable Fedcnl laws IDll regulations. C. Reportin1 to HUD The County will be responsible for seeing that all llCCCIUlly rq,orts IDll infonnalion required of the County arc filed with HUD and other applicable Federal agencies in a timely fashion. V. EXTENT OF THE AGREEMENT This agreement, including any docwnents attached • cxluoits wbic:h are baeby incarponled herein by reference, represents the coti1e and integnled .-ncot between the County IDll SubGnntee and supcrccdcs all prior negotiations, represeotations or aan,ements. either wriam or oral. Any amendments to this agreement must be in writing and signed by bodi the County and SubGnntcc. If any portion of this agreement is found by a court of CClllpdml jurildic:tion to be void al/or 9 .. t • • uncnforccabte, it is the intent of the parties that the remaining portions of this asreemeoi shall be of full force and effect 10 In Witness Whereof; the Parties have caused this Agreement to be duly executed this _____ day of _____________ 2003. SubGrantee: City of Englewood Signature Title Board of County Commissioners Arapahoe County, Colorado Justin A. Hamel on behalf oftbc Board of County Commissionen Pursuant to Resolution #030121 11 PROJECT BUDGET COLUMN A COLUMNB COLUMNC COLUMND ....... Adlolllll ~Tlllllc..tfl CllaG ...... Ola' ... ~ (.-it,..,. ... ._, Adlolly a Sllfflaa....-1213,014 S,0,000 S233,Dl4 TOTAL: ~ S21J.014 S,0,000 S233,D14 • '\ \ ' SUBGRANTEEAGREEMENTFOR ARAPAHOE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS SUBGRANTEE: CITY OF ENGLEWOOD PROJECT NAME: HOMEOWNER F1X-UP PROJECT NUMBER: ENRB 308 This Agreement is made by and between the Board of County Commissioners of the County of Arapahoe, State of Colorado, for the Community Development Block Grant Program in the Community Services Department (hereinafter referred to as the County) and the City of Englewood (hereinaftec referred to as the SubGrantee) for the conduct of a Community Development Block Grant (CDBG) Project. L PURPOSE The primary objective of Title I of the Housing and Community Development Act of 1974, as amended, and of the Community Development Block Grant (CDBG) Program under this Tide is the development of viable W'ban communities, by providing decent housing, a suitable living environment and expanding economic opportunities, principally for low and moderate income persons. The project by the SubGrantee known as the Homeowner Fix-up Project (Project) bas been categorized as a Housing Rehabilitation project and the SubGrantee will maintain documentation with the national objective of Low/Moderate Income Housing activities. The SubGrantee may proceed to incur costs for the Project upon receipt of an official "Notice to Proceed" from the County. IL WORKTOBECOMPLETEDBYTHESUBGRANTEE The following provisions outline the scope of the work to be completed: The SubGrantee will utilize CDBG funding to provide grants to income eligible homeowners for exterior home improvements. The intent of the project is both to improve the Englewood's existing housing stock, as well as improve the visual appearance of deteriorated neigbborbooda. Typical improvements may include (but are not necessarily limited to) paint, siding, windows, roofs, and xeriscaping. A. Payment It is expressly agreed and understood that the toial amount to be paid by the County under this contract shall not exceed $45,000.00. Drawdowns for the payment of eligible expemes shall be made against the line item budgets specified in the Project Budpt and in accordance with performance criteria established in Section Il-C. The parties c:xpreuly recopuze that the SubGrantee is to be paid with CDBG funds received from the fedcnl government, and that the 1 ! t C -~ .. • • obligation of the County to make payment to SubGnmtee is contingent upon n:,ceipt of such funds. In the event that said funds, or any part therm( are, or become, unavailable, then the County may . immediately tcrQlinate or amend this agreement. To the extent C.R.S. § 29-1-110 is applicable, any financial obligation of the County to the SubGrantee beyond the cumnt fiscal year is also contingent upon adequate funds being appropriated, budgeted and otherwiae available. B. Tlmellae All Project activities will be completed by May 31, 2004 unless this Agreement is modified by mutual agreement 9fthe County and SubGrantee. C. Performuce Criteria In accordance with the funding application submitted by the SubGnmtee for the Project, the criteria listed below are to be met dming the execution of the Project. 1. Quantifiable Goals: The SubGrantee will provide gianta to renovate the exterior of nine owner occupied homes. Grants are not to exceed $4,000 each, and will require a 209..4 match fiom each homeowner. All improvements completed under this grant are to be perfonncd in compliance with applicable local or industry codes and standards. 2. Community Impact: By completing the project, the SubGnmtee will reduce the number of deterionted homes in the City ofEnglewoqd by 0.0001 %. The Sub0rantec will DJ8intain written records doc:llmen•ina the Project's community impact for a period of five years following completion of the Project. ~ infonmtion is to be made available {upon request) to ~ County or the U.S. Depm1ment of Housing and Urban Development for monitoring pulpOICI. 3. Quarterly Performance Standards: June 30, 2003: September 30, 2003: December 31 , 2003: No requmments established Hile intcm to perform project Propn IDllblina Provide one nmv11ion &l'llll • • March 31, 2004: May 31, 2004: Provide three renovation grants Provide three renovation grants Complete all renovations funded by project Submit final drawdown and completion report to County D. Reporda1 Requiremeatl 1. Project reports will be due within one month following the end of each calendar ~ quarter (March 31, June 30, September 30, December 31) until the Project is completed. 2. The official annual audit and/or Financial Statements for the SubGnmtcc in which both revenues and expenditures for the CDBG Projects descnbed herein an: detailed an: due annually. E. Labor Standards (Davit-BacOII) It is determined that: Project activities do not require compliance with federal labor standards. F. Environmental Review Notwithstanding any provision of this Agreement, the parties hereto agree and acknowledge that this Agreement does not constitute a commitment of funds or site approval, and that such commitment of funds or approval may occur only upon satilfic:tocy completion of eovuonmeotal review and receipt by Arapahoe County of a relelle of funds &om the U.S. Department of Housing and Urban Development under 24 CPR Part SB. The parties t\atber agree that the provision of any funds to the project is conditioned on Arapahoe County's ddmrrintMn to proceed with, modify, or cancel the project based on the results of a subaequant coviromncntal review. G. Uniform Relocation Act (URA) Project activities do not reqwre compliance with the Uniform Relocation Act. H. Lead Bued Paiat The SubGrantee will comply with County policies and all state and &,daal replationa and guidelines related to minimizing lead hazards in Rlidcmial properties, includmg 24 CFR. Part 3S and Colorado Regulation Nwnbcr 19. 111. RESPONSIBILITIES OF THE SUBGRANTEE A. Federal Compliaace 3 • • The SubGrantee shall comply with all applicable federal laws, regulations and requirements, and all provisions of the grant agreements received from the U.S. Department of Housing and Urban Development (HUD) by the County. These include but are not limited to compliance with the provisions of the Housing and Community Development Act of 1974 and all rules, regulations, guidelines and circulars promulgated by the various federal depar1ments, agencies. admini&lrations and commissions relating to the CDBG Program. A listing of some of the applicable laws and regulations are as follows: 1. 24 CFR Part 570; 2. 24 CFR Parts 84 and 85; 3. Title VI of the Civil Rights Act of 1964; 4. Title vm of the Civil Rights Act of1968; 5. Sections 104(b) and 109 ofthe Housing and Community Development Act of1974; 6. Fair housing regulations established in the Fair Housing Act, Public Law 90-284, and Executive Order 11063; 7. Section 504 of the Rehabilitation Act of 1973; 8. Asbestos guidelines established in CPD Notice 90-44; 9. The Energy Policy and Conservation Act (Public Law 94-163) and 24 CFR Part 39; 10. Equal employment opportunity and minority business enterprise regulations established in 24 CFR part 570.904; 11. Section 3 of the Housing and Urban Development Act of 1968; 12. Non-discrimination in employment, established by Executive Order 11246; 13. Lead Based paint regulations established in 24 CFR Parts 35 and 570.608; 14. Audit requirements established in 0MB Cin:ular A-133; and 15. Cost principles established in 0MB Cin:ulars A-87 and A-122. Additionally, ·n accordance with 24 CFR Part 570, no employee. official, agent or consultant of the SubGrantee shall exercise any function or respons1bility in which a c:ontlict of interest, real or apparent. would arise. The SubGrantee cannot engage in a federally fimded contract with any entity registered in the Llsts of Parties Excluded From Federal Procunment or Nonprocurement Programs. 8. Non-Appropriations Clanse The SubGrantee agrees that it will include in every contract it enters, which relics upon CDBG monies for funding. a non-appropriation clause that will protect itself and the County from any liability or responsibility or any suit which might result from the discontinuance of CDBG funding for any reason. Because this SubGrantee Agreement involves funds from a federal grant, to the extent there is a conflict the funding provisions of this SubGrmtee Agrmncnt. the federal grant and the federal statutes control rather than the provisions of Section 24-91-103.6, C.R.S. with~ to any public work projects. c. Expenditure Restrictions 4 t -~ .. ; .. • • • ·- (J All CDBG funds that are approved by HUD for expenditure uodcr the County's grant agreement, including those that are identified for the SubGrantee's Projects and activities, shall be allocated to the specific projects and activities described and listed in the grant agreements. The allocated funds shall be used and expended only for the projects and activities for which the funds arc identified. D. Agreement Cbaages No projects or activities, nor the amount allocated therefor. may be changed without approval by the County and acceptance of the revised Final Statemmt and/or Consolidated Plan by HUD, if required. Changes must be requested in writing and may not begin until a modification to this Agreement is fully executed. E. Direct Project Sapervialoa aad Admialstntloa The SubGrantee shall be responsible for the direct supervision and administration of its respective projects or activities. This task shall be accomplished through the use of the SubGrantee's staff: agency and employees. The SubGrantee shall be rcspoDS1ble for any iqjury to persons or damage to property resulting fiom the negligent acts or errors and omissions of its staff: agents and employees. Because the SubGrantee is respoDSJble for the direct supervision and administration of its projects or activities, the County shall not be liable or respmwble for cost ovemms by the SubGrantee on any projects or activities. The County shall have no duty or obligation to provide any additional funding to the SubGrantee if its projects or activities cannot be completed with the funds allocated by the County to the SubGrantee. Any cost ovcmms shall be the sole rcspoDS1bility of the SubGrantee. l. The SubGrantee agrees that all funds aUocatcd to it for approved projects or activities shall be used solely for the pwposes approved by the County. Said funds shall not be used for any non-approved pwposes. 2. The SubGrantee agrees that the funds allocated for my approved projects or activities shall be sufficient to complete said projects or activities without any additional CDBG funding. F. Indemnity To the extent allowed by law. the SubGrantee shall indcrnnify and hold harmless the County and its elected and appointed officials. officers. employees and agents fiom and against any and all losses. damages, liabilities, claims, suits. actions or COits, including attorneys fees. made. asserted or incurred as a result of any damage or alleged damqe to person or property occasioned by the acts or omissions of SubGrantee. its officers. employees, apntl, contractors or subcontractors. arising out of or in any way connected with the Project or the performance of this contract. G. Boadiag aad la1uruce s t • • If the SubGrantec's projects involve construction activities, any Contractor it uses for said activities shall be required to provide and maintain, until final acceptance by the SubGnmtec of all work by such Contractor, the kinds and minimum amounts ofinsunmcc u follows: 1. Comprehensive General liability: In the amount of not less than $1,000,000 combined single limit Coverage to include: a. Premises Operations b. Products/Completed Operations c. Broad Form Contractual liability d. Jndcpa,deot Conlractors e. Broad Form Property Damage f. Employees u Additional Jmun,d g. Personal Injmy h. Arapahoe County and the SubGnmtec u Additional Named Insured i. Waiver of Subrogation 2. Comprehensive Automobile Liability: In the amount of not lea than $1,000,000 combined single limit for bodily injmy and property damage. Coverage to include: a. Arapahoe County and the SubGnmtec a additional Named Insured b. Waiver of Subrogation 3. Employers Liability and Workers Compcmatioo: The Contractor shall secure and maintain cmp~s liability and Worker's Compensation Insurance that will protect it against any and all claims raulting &om injuries to and deldl ofwortan c::ngaged in wodt under any COlllrlct funded punullll to du agremnmt. Coverage to include Waiver of Subroplioa. 4. All refcrcnccd insunmcc policia raJ/or catifica&el of insunmcc shall be subject to the following stipulltiom: s. a. Underwrikn sball have no rishla of recovery IUbroptioo apiDlt Allpaboe County or the Sub0nntee; it being the inlmt of the pldiea that the insunmcc policies 10 effected shall protect the pll1ia and be primary coverage for any and all losses covc:n,d by the delcn'bed insunnce. b. The clause entitled •Q1ba-Imurm Provisions• cootainod in any policy including Arapahoe County II m additional named insured shall not apply to Arapahoe County or the SubGnmtec. C. The insunacc compmies iauina the policy or-policies shall have DO rccoursc against Arapeboc County or the SubGnmtec for payment of any premiums due or for any 111: 111nents under Ill)' form of any policy. d. Any and all deducbbles contained in any insunmcc policy shall be usumed by and at the IDie risk of the Coaba.r. CcJtificale of Insurance: The Conlractor sball not CODIDlfflCfl WOlt under ID)' conlniet funded punuant to du Apeancnt until be ba submitted to the SubGrantec, received approval tbereo( c:crtific:ates of insunmcc lbowin& lbll be ba 6 t • • complied with the foregoing insuraocc rcquinments. The SubGrantee shall also submit a copy of the Contractor's certificates of insurance to the County. 6. Notwithstanding the provisions contained in this paragraph (H) set forth hereinabove, the County reserves the right to modify or waive said provisions for projects or activities for which these provisions would prove proln'bitive. The SubGrantee understands, however, that the decision to waive or modify those provisions is fully within the discretion of the County. In accordance with 24 CFR parts 84 and 85, the following bonding requirements shall apply to all projects exceeding the simplified acquisition threshold: 1. 2. 3. A bid guarantee from each bidder equivalent to 5% of the bid price; A perfonnancc bond on the part of the contractor for 100'/o of the contract price; and A payment bond on the part of the contractor for l 00'/o of the contract price. H. Records The SubGrantee shall maintain a complete set of boob md records documenting its use of CDBG funds and its supervision and administration of the Project. Records ~ to include doclunc:ntation verifying Project eligibility md national objective compliance, as well u financial md other administrative aspects involved in performing the Project. The SubGrantee shall provide full access to these books and records to the CoWlty, the Secretary of HUD or his designee. the Office of Inspector General. and the Gcnenl Acx:o!mtina Office ., that compliance with Fodera! laws and regulations may be confirmed. The SubGnntee fbrtber .-to provide to the County upon request, a copy of any audit reports pertamina to the SubGrmtee's financial operations chuing the term of this Agn:emenl All records pertaining to the Project ~ to be maintained for a mimmlUll of five years following close-out of the Project. I. ReportiD1 The SubGrantee shall file all reports and other information necemry to comply with applicable Federal laws and regulations as required by the County and HUD. This shall include providing to the County the information necessary to complete annual Performance Reports in a timely fashion. J. Timeliness The SubGrantee shall comply with the quarterly performance standardl establisbed in Section n.c of this Agn:ement. The SubGrantee understands that failure to comply with the established standards may lead to a cancellation of the Project md a loa of all unexpended funds. K. Reimbanemeat for E1pe111e1 The SubGrantee agrees that before the County can diltribute my CDBG ftmda to it. the SubGnnlee must submit to the County's Houain& md Community Development Servicel Division 7 ., • t .. • • docwnentation in the form required by that Division which properly and fully identifies the amount which the SubGrantee is requesting at that time. The County shall have ten (10) working days to review the request. Upon approval of the request, the County will distribute the requested ftmds to the SubGnntce as soon as possible. L. Program Income All program income directly derived from the Arapahoe County Community Development Block Grant Program received by the SubGrantce will be retained by the SubGrantce and will be dispersed for its approved CDBG Project activities before additional COBO ftmds are requested from the Co1mty. Following completion of the SubGrmtce's Arapahoe County CDBG Projects, all program income directly generated from the use ofCDBG ftmds will be remitted to the County. M. Real Property Real property 11(:quired in whole or in part with CDBG fimds shall be utiliml in accordance with the scope and goals identified in Sections I and n of this Agreement. Should the property in question be sold or otherwise disposed o~ or the approved property Ul8F diacontinucd, the SubGrantce shall adhere to the requirements of24 CFR Parts 84 or 85 (u applicable) repnting the use and disposition of real property. N. State ud Couty Law Complluce All rcsponstbilities of the SubGnntce awmented bcn:in sball be subject to applicable State statutes and County ordiNDCeS, raolutiaos, rules, md regulatiom. 0. Sabcolltnm If subcontracts are used on the Project, the SubGnntee agrees that the proviaiona of this Apeemmt shall apply to any subcontract. P. Supeulon or Tenmaatloa This Agreement may be suspended or terminated by the County if the SubGnntee JDllaially wla to comply with any term of this Agreement. This A&reement may alao be tmninated for convenience by mutual agreement of the County md the SubGnntee. Q. In the event that the Unit of General Local CicMIW lhould withdraw from the County's "Urban County" designation. this Agreement shall tcnnimle • of the taminatian date of the County's CDBG grant Agreement with HUD. R. The SubGrmtee certifies that to the belt of its knowledal md belief. 1. No Fedcnl appropriated ftmds have hem paid or will be paid, by or on bebalf ofit. to any person for inOucncina or '"6i.4ml to influmce ID Oflics OI' empio)'eC Of 8 t . .,... .· • • any agency, a Member of Congress, m officer or emplo~ of Congrea, or an emplo~ of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative ap,emcnt, and the extension, cominuatioo, rmewal, ameochnent, or modification of any Federal contract, grant, loan, or cooperative agreement; and, 2. If any funds other than Fcderal appropriated funds have been paid or will be paid to any person for influencing or attempting to inftumce an officer or anplo~ of any agency, a Member of Congress, m officer or emp~ of Congress, or an emplo~ of a Member of Congress in connection with this Fedenl contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-UL, "Disclosure Form to Report Lobbyins." in accordance with its instructions. S. Dllallowuce If it is determined by HUD or other federal agency that the expenditure, in whole or in part, for the SubGrantce's Project or activity wu imptoper, inappropriate or ineliS1ble for reimbuncment, then the SubGrantee shall reimburse the County to the full extmt of the diallowance. IV. RESPONSffllLITIES OF THE COUNTY A. Admlalstratlve Coatrol The Parties recognize and undcntand that the County will be the aoverm:wntll entity n,quind to execute all grant agreementa received fiom HUD punuant to the Counly't requ.ta b CDBG funds. Accordingly, the SubGrllltee ap,es that u to its pn,jectl or ICCivitiel pedbnned or conducted under any CDBG agreement, the County sball haw the nee 111,y 10Jnioiidullive comrol required to meet HUD requirements. B. Performuce ud Complluce MOllitortq The County's administrative obligations to the SubGnmtee punuant to.,..... A above sball be limited to the performance of the adrninistntive tub neceaa:y to make CDBG filada available to the SubGrantee and to provide a Monitoring Specialilt whole job it will be to moaitm the Vlrioua projects funded with CDBG monies to monitor compliance with applicable Fedcnl laws and regulations. C. Reporda& to BUD The County will be responsible for seeing that all ncceaary repor1I and infonnalion required of the County are filed with HUD and other applicable Fedenl apnciel in a timely fillbion. V. EXTENT OF THE AGREEMENT 9 • • This agreement, including any doeummta attached u axhibita which are hereby incorporated herein by refamce, rc,presents the entire and mtesrmd .-neat bctwem the County lplll SubGrmtee and supcrcedes all prior negodatiom, ,eprewolaliom or ~ eid!« written or oral Any amcmdmem to tlm agn,ement must be in writing and liped by both the County and SubGrmtee. If any portion of tlm agreement ii found by a court of a,mpetmt jurildidion to be void and/or llilalfuJCeable, it is the intent of the parties that the remarning portiona oftlm agrmnent sball be of full force and effect. 10 In Witness Wbereo~ the Parties have caused this Agreement to be duly executed this-----day of ___________ --.J 2003. SubGrantce: City of P.nglewood Signature Title Board of Coullly Cmnmimonen Anpaboe County. Colorado Justin A. Hamel on bebalf oflbe Board of County Commiz'liomn Pursuant to Resolution #030121 11 PROJECT BUDGET COLUMN A COLUMNB COLUMNC COLUMND ............ ....... Talc..tel CDaG .... c-. .... c....... __.,"' ...... Mlollr - mm..y...-S6,IJCIO S6,IJCIO IO Pn,jectadrnililllliw...,.._ S6,IJCIO SJ.000 Sl.000 Onma.,.... 145.000 S36,000 S,,000 TOTAL: S57,IIOD MS.ooo SU..- SUBGRANTEEAGREEMENTFOR ARAPAHOE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS SUBGRANTEE: CITY OF ENGLEWOOD PROJECT NAME: RENTAL F1X-UP PROJECT NUMBER: ENRB 309 This Agreement is made by and between the Board of County Commissioners of the County of Arapahoe, State of Colorado, for the Community Development Block Grant Program in the Community Services Department (hereinafter referred to as the County) and the City ofEoglewood (bereioafter referred to as the SubGrantec) for the conduct of a Community Development Block Grant (CDBG) Project. L PURPOSE The primary objective of Title I of the Housing and Community Development Act of 1974, as amended, and of the Community Development Block Grant (CDBG) Program under this Title is the development of viable urban communities, by providing decent housing. a suitable living environment and expanding economic opportunities, principally for low and moderate income penons. I The project by the SubGrantec known as the Rental Fix-up Project (Project) bu been categorized as a Housing Rehabilitation project and the SubGrantcc will maintain documentatioo with the national objective ofl.ow/Modcratc'Income Housing activities. The SubGrantce may proceed to incur costs for the Project upon receipt of an official "Notice to Proceed" from the County. ll. WORKTOBECOMPLETEDBYTBESUBGRANTEE The following provisions outline the scope of the worlt to be completed: The SubGrantec will utilize CDBG funding to provide grants for merior improvements to rcotcr occupied housing within the City of Englewood. The intent of the project is both to improve the Englewood's existing housing stock, as well as improve the visual appearance of deteriorated neighborhoods. Typical improvements may include (but arc not necessarily limited to) paint, siding, windows, roofs, and xcriscaping. A. Payment It is expressly agreed and understood that the total amount to be paid by the County under this contract shall not exceed 530,000.00. Drawdowna for the payment of elipole expma shall be made against the line item budgets specified in the Project Budget ml in acc:ordanco with performance criteria established in Section D..C. The parties exprealy recopu.e that the l • t .. • • SubGrantee is to be paid with CDBG funds received from the federal government, and that the obligation of the County to make payment to SubGrantee is contingent upon receipt of such funds. In the event that said funds, or any part thereo( are, or become, unavailable, then the CoWlty may immediately terminate or amend this agreement To the extent C.R.S. § 29-1-110 is applicable, any financial obligation of the CoWlty to the SubGrantee beyond the current fiscal year is also contingent upon adequate funds being appropriated, budgeted and otherwise available. 8. Timellne All Project activities will be completed by May 31, 2004 Wlless this Agreement is modified by . mutual agreement of the CoWlty and SubGrantee. C. Performance Criteria In accordance with the funding application submitted by the SubGrantee for the Project, the criteria listed below are to be met during the execution of the Project. 1. Quantifiable Goals: The SubGrantee will provide grants to renovate the exterior of six renter occupied homes. Grants are not to exceed $4,000 each, and will require a 200!,, match from each property owner. All Wlits renovated under this Project are to be occupied by income eligible renters at the time of application to the Fix-up program, as well as at throughout the duration of the renovations. Additionally, in accordance with 24 CFR Part 570.208(a)(3), rents charged at Wlits assisted by this Project are to remain affordable from the time of application to the Fix-up program throughout the duration of the renovations. In order to be considered affordable, rents shall not exceed the greater of the following: • Local Fair Market Rent (FMR) adjusted for tcnmt paid utilities according to the current utility allowance schedule utilized for publicly assisted housing projects within the City of Englewood, or • 300/o of the income eligible renter household's gross monthly income adjusted for tenant paid utilities according to the cum:nt utility allowance schedule utilized for publicly assisted housing projects within the City of P.ng!.~,,.,d. All improvements completed under this grant are to be performed in compliance with applicable local or industry codes and standards. 2. CommWlity Impact: By completing the project, the SubGrmtee will reduce the number of deteriorated homes in the City of Englewood by 0.0001"e. 2 . .... .. • • ,... 0 The SubGrantee will maintain written records documenting the Project's community impact for a period of five years following completion of the Project This information is to be made available (upon request) to Arapahoe County or the U.S. Department of Housing and Urban Development for monitoring purposes. 3. Quarterly Performance Standards: JIUlC 30, 2003: September 30, 2003: December 31, 2003: March 31, 2004: May 31, 2004: D. Reporting Requirements No requirements established Hire intern to perform project Program marketing Provide one renovation grant Provide one renovation grant Provide two renovation grants Provide two renovation grants Complete all nnovations funded by project Submit final drawdown and completion report to County 1. Project reports will be due within one month following the end of each calendar )'C8l' quarter (March 31, June 30, September 30, December 31) until 1he Project is completed. 2. The official annual audit and/or Financial Statements for the SubGrantee in which both revenues and expenditures for the CDBG Projects deac:n'bed herein are detailed are due annually. E. Labor Standards (Davia-Bacon) It is determined that: Project activities do not require compliance with federal labor standards. F. Environmental Review Notwithstanding any provision of this Agreement, the parties hereto agree and acknowledge that this Agreement doea not constitute a commitment of funds or lite approval, and that such commitment of funds or approval may occur only upon satisfac:ta:y completion of enviJOmnental review and receipt by Arapahoe County of a release of funds from the U.S. Depu1manl ofHousina and Urban Development under 24 CFR Part 58. The parties fur1hcr aar-that 1he provision of any funds to the project is conditioned on Arapahoe County's detaminaaion to proceed with, modify, or cancel the project based on the results ofa subsequent environmental review. 3 . .,.. "' .. • t • - \ G. Uniform Relocadon Act (URA) 0 0 Project activities do not require compliance with the Uniform Relocation Act H. Lead Based Paint The SubGrantcc will comply with County policies and all state and fcdc:ral regulations and guidelines related to minimizing lead hazards in residential properties. including 24 CFR Part 3S and Colorado Regulation Number 19. m. RESPONSIBILITIES OF THE SUBGRANTEE A. Fedenl Compliance The SubGrantcc shall comply with all appli-.,'lble federal laws, regulations and requirements, and all provisions of the grant agreements recciv from the U.S. Department of Housing and Urban Development (HUD) by the County. These include but arc not limited to compliance with the provisions of the Housing and Community Development Act of 1974 and all rules. regulations, guidelines and circulars promulgated by the various fcdc:ral departments, agencies. administrations and commissions relating to the CDBG Program. A listing of some of the applicable laws and regulations are as follows: 1. 24 CFR Part S70; 2. 24 CFR Parts 84 and 8S; 3. Title VI of the Civil Rights Act of1964; 4 . Title VIII of the Civil Rights Act of 1968; S. Sections 104(b) and 109 ofthe Housing and Community Development Actof1974; 6. Fair housing regulations cstabliabed in the Fair Housing Act, Public Law 90-284, and Executive Order 11063; 7. Section S04 of the Rehabilitation Act of 1973; 8. Asbestos guidelines established in CPD Notice 90-44; 9. The Energy Policy and Conservation Act (Public Law 94-163) and 24 CFR Part 39; 10. Equal employment opportunity and minority business enterprise regulations established in 24 CFR part S70.904; 11 . Section 3 of the Housing and Urban Dcvelopmen't Act of 1968; 12 . Non-discrimination in employment, established by Executive Order 11246; 13. Lead Based paint regulations established in 24 CFR Parts 3S and S70 .608; 14. Audit requirements establisbcd in 0MB Circular A-133; and 1S. Cost principles established in 0MB Circulars A-87 and A-122. Additionally, in accordance with 24 CFR Part S70, no employee. official, agent or comultant of the SubGrantcc shall exercise any function or re .. ponsil>ility in which a conflict of interell, real or apparent, would arise . The SubGrar:tec cannot engage in a federally ftmded contnlCt with ID)' entity 4 ' ... .. • • registered in the Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs. B. Non-Approprlatiom Claue The Sul>Grantee agrees that it will include in evecy contract it mtcn, which relies upon CDBG monies for funding. a non-appropriation clause that will protect itself and the County from any liability or responsibility or any suit which might result from the diacontinuaoce of CDBG funding for any reason. Because this SubGrantee Agn:cmcnt involves funds from a federal grant. to the extc:nt there is a conflict the fimding provisions of this SubGrantee Apeeme:nt, the federal grant and the federal statutes control rather than the provisions ofSection 24-91-103.6, C.R.S. with regard to any public work projects. C. Expenditure Restrictions All CDBG funds that are approved by HUD for expenditure under the County's grant agrmnent, including those that are identified for the SubGrantce's Projects and activities, shall be allocated to the specific projects and activities descnbcd and liated in the grant agreements. The allocated funds shall be used and expended only for the projects and activities for which the funds are identified. D. Ap'eement Chan1es No projects or activities, nor the amount allocated lhc:Rfor, may be changed without approval by the County and acceptance of the revised Final S~ aJlat Comolidated Plan by HUD, if required. Changes must be requested in writing and may not beain until a modification to this Agreement is fully executed. E. Direct Project Sapervlsloa and Admlalltradoa The SubGrantee shall be responsible for the direct mpervision and admitriwtntion of its respective projects or activities. This task shall be accompliahcd through the U1C of the SubGrantee's ~ agency and emplo~. The SubGnmtce ~ be respoDIIDle for Ill)' iDJury to pcnom or damage to property resulting from the negligent acts or errors and omissions of its ~ agents and employees. Because the SubGrantce is respons1l,le for the direct supervision and admitristntion of its projects or activities, the County shall not be liable or relpODSIDle for cost ovemma by the SubGrmtce on any projects or activities. The County shall have no duty or obligation to provide any additional funding to the SubGrantee if its projects or activities cannot be completed with the funds allocated by the County to the SubGnmtce. Any cost ovemms shall be the 1e>le respons11,ility of the SubGnmtee. 1. The SubGrantee agrees that all funds allocated to it for approved projects or activities shall be used solely for the purposes approved by the County. Said funds lball not be used for any non-approved purpolCII. 5 .. t .. • • 2. The SubGrantee agrees that the funds allocated for any approved projects or activities shall be sufficient to complete said projects or activities without any additional CDBG funding. F. hdelllllity To the extart allowed by law, the SubGrmtee shall indarnrify and bold bannlesa the County and ita elected and appointed officials, officers, employees and agmts fiom and against any and all losses, damages, liabilities, claims, suits, actions or costs, including attomeya fees, made. uaerted or incumd aa a result of any damage or alleged damage to pel'IOll or property occuioncd by the acts or omissions of Sub0nmtee, ita officen, employees, agmts, couba:IUil or subcomract.orl, arising out of or in any way connected with the Project or the paformance of this comnct. G. lloadla1 ud Iaawnace If the SubGnmtee's projects involve comtruction activi~ arr, Conttactor it 111e1 for llid activities shall be required to provide and maintain, until final acc:eptance by the SubGnmtce of all wodt by such ConblCIDr, the kinds and minimmn amounts ofilllunmce • follows: 1. Comprehensive General Liability: In the amount of not less than $1,000,000 combined single limit Coverage to include: L Premises Opcntiom b. ProducWComplclled Opcnaiom c. Broad Form Coalnctual Liability d lndepender,t Conbacto.'1 e. Broad Form Property Damap f. Employees. Additional 1-nd g. Penoaal Injury b. Anpaboe County and the SubGnntee • Additioml Named mad i. Waiver ofSubroplioa 2. Compcebemive Aldrmobile Liability: In tho amoum of not lea 1hlD Sl,000.000 combined lin&le limit for bodily injury and pn,paty dlmap. Cownp to include: 3. 4. L Arapahoe County and the SubGnnlee u addi1ioaal Named band b. Waiver ofSubroplion Employm Liability and Womn CoalpNM¥lll: The Coallidar lball llCUl'e ml maintain employa's liability and Womn ~ llllunnce dlllll will protect it apimt any and all claima resulting from iD,iuriea to and deltb of womn ...... in wort under any conlrlCt ftmded punuml IO tbia ......... Cownp to include W liver of Subroplioa. All referenced imunncc policies a/or '*1i8cllll of in1unnce all be lllbject IO the followina llipulaliona· ' • • _.,._ • s. a b. c. d. Underwriten shall have no rights of recovery subrogation against Arapahoe County or the SubGrantcc; it being the intent of the parties that the insurance policies so effected shall protect the parties and be primary covc:ragc for any and all losses covered by the descnbcd insurance. The clause entitled "Other Insunmcc Provisions" contained in any policy including Arapahoe County as an additional named insured shall not apply to Arapahoe County or the SubGnmtcc. The insurance companies issuing the policy or policies shall have no recourse against Arapahoe County or the SubGnmtee for payment of any premilUDS due or for any lll8Cllllleatl under any form of any policy. Any and all deductibles contained in any imunmce policy shall be assumed by and at the sole risk of the Contractor. Certificate of Insurance: The CODlnctor shall not COIUIIICIICC work under any contract funded pursuant to this Agreement until be bu submitted to the Sub0rantce, received approval thereof: certificates of insunnce showing that be bu complied with the foregoing imurance requinmam. The SubGrmtee shall abo submit a copy of the Conlnctol's certificata of insunmcc to the County. 6. Notwithstanding the provisions contained in this pmgnph (H) set forth hereinabove, the County reserves the right to modify OI' waive aid provisions for projects or activities for which these provisions would prove prolulJitive. The SubGrantee understands, however, that the deciaic:m to waive OI' modify those provisions is fully within the diacre1ion of the County. In accordance: with 24 CFR parts 84 and 8S, the following bondina requinmeala shall apply to all projects exceeding thl; simplified acquisitic:m threshold: 1. A bid guarantee fiom each bidder cquivalmt to s•;. of the bid price; 2. A performance bond on the part of the ccntnctor for 100% of the coamct price; and 3. A payment bond on the part of the contractor for 100% of the coamct price. H. Records ' The SubGrantee shall maintain a complete set ofboob and records doc:umenling its use of COBO funds and its supervision and administration of the Project. Records arc to include doc:umentatioa verifying Project eligibility and national objective compliance, as well as financial and other administrative aspects involved in performing the Project. The SubGrmtee shall provide ftlll access to these books and records to the County, the Scctetary of HUD or hia desipee, the Oflic:e of Inspector General. and the General Acc:ouDlin& Office IO lhlt compliance with Federal laws and regulations may be confirmed. The SubGrantee further 1p111 to provide to the County upon request, a copy of any audit reports pertaining to the SubGrmtol'I fiDloc:ia1 opaatiom durina the term of this Agreement All records pertaining to the Project n to be maintaincwl for a murimtan of five years following close-out of the Project. 7 t . .. • • • L Reporda1 The SubGrantee shall file all reports and other information neceuary to comply with applicable Federal laws and regulations u n:quired by the County and HUD . 1bis shall include providing to the County the information neceaazy to complete amwal Performance Reports in a timely fashion. J. Tlmelllleu The SubGrantee shall comply with the quarterly pcrfurmance sbmdards establiabed in Section ll-C of this Agreement. The SubGrantee undentandl that failure to comply with the established standards may lead to a cancellation of the Project and a loa of all unexpmded funds. K. Relmbusemmt for Espemes The SubGrantee agrees that before the County can dislribute any CDBG fimlla to it, the SubGnntee must submit to the County's Housing and Community Development Servicca Division documentation in the form required by that Diviaioo wbic:b JJIOPCdy and fblly idmt:ifiea the amount which the SubGnntee ii requealin& at that time. The County lball have ten (10) womng days to revi~w the request Upon approval of the request. the County will dimibute the requmed fimda to the SubGnntee u IOOD u pc,1111,le. L Propul Jacome All program income directly derived hm the Anplboe County O•kiiiiiPtity Development Block Grant Propam received by the SubGnnlee will be rellined by Ibo SubGraldee and will be dilpened for ill approved CDBG Pn,ject aclivitiel hebe adllitioaal COBO ftmdl .. requmed hm the County. FolJowin& coq,lltioa of the SubOnnlee'I Anpaboe County CDBG Projects. aU program income directly pnended hm the UN ofCDBG ftmda will be nmitled to the County. M. Ral Property Real property acquired in whole or in part with CDBG ftmda lball be Ulilized in accordance with the scope and goals idmtified in Sections I and n of this ApemmL Should the property in question be sold or otberwiae dilpolm o( or the IIIPOYed pn,perty ...., clwumnved, the SubC-r.mt= ::.':.:ill :dh:e ~ ~ ~ni~ of24 CFll Parta 84 or 85 (• applicable) roprdina the use and disposition of real property . N. Stace ud Couty Law c-.•••ee All respomibilitiea of the Su11Gradee enummted baein lball be IUbject 10 IR)licable Stale statutes and County ordinancel, ~ nalel, and ,..1..,.,. 0. S•bcoab'ldl • • • If subcontracts are used on the Project, the SubGrantee agrees that the provisiODS of this Agreement shall apply to any subcontract. P. Suspension or Termination This Agreement may be suspended or tennmated by the County if the SubGrantee materially fails to comply with ~ tc:nn of this Agreement. Thia Agreemer.: may also be terminated for convenience by mutual agreement of the County and the SubGrantee. Q. In the event that the Unit of Genaal Local Govermnent should withdraw from the Countys "Urban County" designation, this Agreement shall terminate as of the tc:nnination date of the County's CDBG grant Agreement with HUD. R. The SubGrantee · es that to the best of its knowledge and belief 1. No Federal approprietcd funds have beal paid or will be paid, by or on behalf of it. to any person for influcmcing or attanpting to influmce ID officer or employee of any agency, a Member of Congnu, an officer or employee of Congrea, or ID employee of a Member of Congress in ccnnection with lbe awarding of my Fedcnl contract, the making of my Federal grant, die mu:iag f any Fedenl loan. the entering into of my cooperative agreement, lbe mttenlion, conmmetion, renewal. amendment, or modification of my Fedenl contnct, grant, loan, or cooperative agreement; and, 2. If my funds other than Fedcnl approprietecl fimdl have beal paid or will be paid to my person for influencing OI' lltcmpling to influence ID officer or employee of my agency, a Member ofCongnu, ID officer or emp~ ofCongrea, or ID employee of a Member of Congrea in c:onnection with this Fedml contract. pld, loan, or cooperative agreement, it will complete and submit Standard Form-LU., "Diaclosure Form to Report Lobbyina." in accordance with its imtructioaa. S. Dilallowuce If it is detennincd by HUD or other fcdcral agency that the expenditure, in whole or in pat, for the SubGrantee's Project or activity wu improper, inappropriate or ineliaallle for reimbunement, then the SubGrantee shall reimburse the County to the full extent of the disallowance. IV. RESPONSIBILITIES OF THE COUNTY A. Admlailtradve Control The Puties recognize and understand that the County will be the Fw:rnmmtal Clllity n,quiNd IO execute all grant agreements received from HUD purllllD1 to the County's requmll for COBO funds . Accordingly, the SubGrantee ~ that • to its projects or activitiel perbmed or g • t .. • • conducted under any CDBG agreement, the County shall have the neceamy administrative CODlrol required to meet HUD requirements. B. Performance ud Complluce Moaltorla1 The County's administrative obligatiom to the SubGnmtee purswmt to pansniph A above shall be limited to the performance of the administrative tub necemry to make COBO funds available to the SubGnmtee and to provide a Monitoring Specialist whole job it will be to monitor the various projects funded with CDBG monies to monitor compliance with applicable Federal laws and regu)ations. C. Repordq to HUD The County will be RlpODIIDle for aeeiq that all DCICe&l&IY reports and infixrnatjm required of the County are filed with HUD 11111 other applicable Federal apncies in a timely flllhion. V. EXTENT OF THE AGREEMENT This agreement, includina any docunMm aaacbed a abibita wmcb are bcnby incorponted beniD by ,efaence, n,p.Wdl the entire and intearated asrermmt between the County and SubGrmlee and supercedel all prior neaodatiom, tepiiNid•liont or lpCIDIDII, ei1hfr wriUm or on1. Any amcodmcnts to this agreement mUlt be in writiq 11111 liped by both the Couary 11111 SubGnnree. If any portion of this agreement it fi>und by a court of Clllll(.-.al jurildidim to be void IDd/or unenforceable, it;. the intcnt of the parties tbat the l'CIDliuina pol1iolll oftbil ..-aball be of full foroe and effect. 10 In Witness Whereof: the Parties have caused this Agreement to be duly executed this -----day of _____ ~------..J 2003 . SubGnmtee: City of Englewood Signature Title Board of County Commiaionen Arapahoe Cowity, Colorado Justin A. Hamel on behalf of the Board of County Commiuiooen Pursuant to Resolution #030121 11 PROJECT BUDGET COLUMN A COLUMNB COLUMNC COLUMND ...... Mlwllll s........,.....c..., a,ao ..... a.., ..... c...111111 __.,,.., ...... A.lllwllf .... llllly ...... $4,000 St,AIOO so Ptajlcl I . I N ..... $4,000 S2,0GO S2,0GO a...,... $30,000 D4.ooo f6,000 TOTAL: S3UOD SJO.aao Sl,IIOD C'' r COUNCIL COMMUNICATION Date Agenda Item Sublect April 7, 2003 10a ii BUI for an Ordinance Creadng the City of Englewood Housing Rehabilitation Entemrise Fund nitiated By I Staff Source Deoartment of Finance and Administrative Services Frank G--• Director COUNCIL GOAL AND PRMOUS COUNOL ACTION • Council approved Ordinance 20, Series of 1993 on final reading May 3, 1993 creating the Storm Water Enterprise Fund . • Council approved Ordinance 57, Series of 1993 on final reading December 20, 1993 creating the Englewood Municipal Golf Course Enterprise Fund. • Council adopted Ordinance 78, Series of 1997 on September 15, 1997 reaffirming the establishment of the Water Udlity Enterprise. RECOMMENDED ACTION Staff recommends Council approve the attached biH for ordinance creadn1 the City of Entlewood Housina Rehabilitation Enterprise Fund. BACKGROUND, ANALYSIS, AND All!INA11YES IDENTIRED The City of Englewood Housing Rehabilitation Enterprise Fund has operated as an enterprise In the past, but has not officially designated itself as such. The rest of the City's enterprise funds have taken this action in response to changes to Artide X. Section 20 (TABOR) of the State constitution. No other alternatives were identified. FINANCIAL IMPACT This action should not impact the City of Englewood's financial condition. LIST OF ATIACHMENTS Proposed bill for an ordinance ORDINANCE NO . SERIES OF 2003 BY AUTHORl1Y AIIILLPOll CXJIJNCIL BILL NO. 26 INTRODUCED BY COUNCIL MEtdBER~~~~~ ORDINANCE OF THE CITY OF ENGLEWOOD, COLORADO, CREA TING THE "ENGLEWOOD HOUSING REHABILITATION ENTERPRISE FUND" IN RESPONSE TO CHANGES TO AllTICLE X, SECTION 20 (TABOR) OF THE STATE OF COLORADO. WHEREAS, the Cit;· ... fEoglewood Housing Rehabilitation Eotcrprile fund bu opcralCd in practice as ID enterprise fund in the past but bu not been officiat)y designated as such; and WHEREAS, this action is taken to comply with Anicle X, Section 20 (TABOR), of the Colorado State Constitution; and WHEREAS, under TABOR, the issuance of debt or other finaacial obligatioal of ID enterprise is not restricted; and WHEREAS, it is the intent oftbe City to continue tbe operation oftbe EnaJcwood Housing Rehabilitation Program a ID enterprise within tbe -.ning of TABOR. WHEREAS, punuant IO Article X, Section 20, oftbe Colcndo Comtitulion ('°TABORj, ID "enterprise" is a govenuncnt-owncd bulinca aadborized to islue ill own revenue bonds and receiving under I 0% of annual revenue in granll fiom all Cokndo mte and local govermamll combined. NOW, TIIEREFORE, BE IT OllDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section l . There is hereby eatablilbed tbe "Enpwoocl HOUIUII Rebabi1itation Enterprise Fund" (The Enterprise). The Enterprise shall comist of the businela represented by the City's Home Rehabilitation fund Program localed at 1000 Eqlewood Parkway, Englewood, Colorado 80110 . The Enterprise shall have all oftbe authority, powers, rights, obligations and duties as may be provided or permitted by tbe Charter and the Colorado Constitution and u may fwther be prescribed by ordinance of the City. Section 2. Governing Body. The Govemina Body ofTbe Enlaprile sball be tbe City Council of the City and shall be subject to all tbe applicable lawa, rulaa, and replaacm pertaining to the City Council. Whenever tbe City Council is in --, tbe Oowmina Body shall also be deemed IO be in session. It shall not be neceaary for tbe OcmmiDa Body ID meet separately from the reaular and special meetinp of City Council, nor shall it be neceaary for tbe Governing Body to specifically announce or acknowledp dial aclicml taken hereby are taken by the Governing Body of The Enterpriac. The Governina Body .._'J c:cmduct ill affain in tbe ame manner and subject to the same laws that apply to City Council for lbe same or similar maaen. ' . 40 .. • • (I i ii" I!! 1 9 i t I ;Ei l a· r J I ( . f I a a r r i I a. a j ,f I t . I. j - l ~l fil fl lfi !JJ! !i~i fl 1~1 ,,·flf 1:11 li~I !i,fl ·11il 1 . l. I . . 1· ~~ J1 'l~ lit~ Irr U hU it.I 1'H -lir[ hf :f i 11 ' SI. I ~ w •. i SI. r i J i ~ ' J ; 1 Erl· a. , I '1 1:• II r:, 1 a.i 11 ~ I O r i 1 • · st J· 'J ·' 1 , ,1 r i,~erl I I Ill r ~[~ i,i(f l Jr I lrf i I ff frl1fl lit:.~ lr;r I J .1 'J , . J. I 1r I a· rt r t "' II-i:t I i:; :JIJ nu f ,1 ;l Jt Jtt 1rJr !1 t! I ff lta IJ i}J 1 liJ1 flji ftl I ·f 1~ I~! sJ~! Bl~! r s. Prl r lt g I. Loucriabia A. Ellis, City Clerk far die City of l!npwood, Colondo, benby catify die above and foregoiq ii a true copy of a Bill for an Ordimacc, iJdnlduced, read iD fbll, and puaed on first reading on die,. day of April, 2003. OltlJIN.ANIIMla ~ SERIES OP 2003 BY At.rrHORITY COUNCIL BD.J. NO. 20 INTRODUCED BY COUNCIL MEMBER GARRB'IT AN ORDINANCE APPROVING AN INTERGOVBRNMBNTAL AGRBEMBNT Wl11I 1111! COLORADO DBPAR1MBNT OF TRANSPORTATION FOR A trmJTY ADJUS1MBNT AS A PART OP '111B IUGHW A Y IMPROVBMENTS AT '111B BBLLEVIBW AND a.ARICSON IN'l1!RSBC110N. WHEREAS, the Colondo l>eplrtmeot of Trwponation (COOT) lllbmiaed a Cootractor Adjuatecl Utility Aan,emeat for traffic 1lpal improYaDellll • DO COit to the City, which is attached u l!.xhibit A; and WHEREAS, For safety purpmea, tbeae implovemeats require the reloc:adoa and raeuing of two water vauh veat1 beloasinl to the City WHEREAS, the Bnalewoocl War~ Sew Boucl recommended appova1 of tbia Agreement with the Colondo Department of 1'nnlponation • their Man:b 11, 2003 meeting; and NOW, 11IBRBPORB, BB rr ORDAINBD BY '111B arY COUNCIL OP'111E aTY OP BNGU!WOOD, COLORADO, AS FOLLOWS: Sfflioe I. 'lbll the~ .\alW between tbe ~ of Bnpewood. Colorado, and the Colorado Depatmeac c(;~ for lllilily ..... ~ be approved, a copy of wbicb ii aaacbed ~-•·&hihit A. I ' • '(' ,.;. : : Sogjgp 2. The Directm of Ii~~~ to lip aid ....... for and OD behalf of tbe City of BnJlewood. • 1 11 ·: •• Introduced, read in full, and ~ ~ first' readina OD the 17th day af MIR:b, 2003. Publilbed u a Bill for ID Onlinaac:e on the 21• day of March, 2003. I f I Read by title and pused OD final readin& OD the.,. day of April. 2003. I Published by title u Ordinance No. _, Series of 2003, OD the 11• day of April, 2003 . Bewrly J. Bndabaw, Mayor ATTEST: Looc:rishia A. F.lli,, City Ckn I, Loucrilbia A. Billa, City Clerk fer tbe City of Bopewood, Colondo, hereby certify tbe fongoing ii a true copy of tbe Ordiunce paaed on final reading ud published by title u OnlimDce No. __ , Series of }003, Loucrilbia A. Bl1il -2- COLCRADO DEPARTMENT OF TRANSPORTATION CONTRACTOR ADJUSTED UTILJTY AGREEMENT ' 11 UTUTY• ::, SHE 2873-124 SAi 14288 CONSTRUCTION, SHE 2873-124 LOCATION 4 Locations, including I Belleview (SH 88) at Clarkson I THIS AGREEMENT MADE ON (date) -IS BETWEEN THE STATE OF COLORADO ! FOR THE USE AND BENEFIT OF THE COLORADO DEPARTMENT OF TRANSPORTATION (STATE} I ANO CITY OF ENGLEWOOD-UT1LIT1ES DEPARTMENT (OWNER). i ! . . ! THE PROPOSED HIGHWAY IMPROVEMENTS MAKE IT NECESSARY TO ADJUST, INSTALL OR RELOCATE CERTAIN FACILITIES (WORK) THAT BELONG TO THE OWNER. THE OWNER IS NOT STAFFED AND/OR NOT EQUIPPED TO PERFORM THE WORK. THE STATE AND OWNER AGREE , THAT IT IS IN THE PUBLIC INTEREST TO HAVE THE STATE'S CONTRACTOR PERFORM THE REQUIRED WORK. WHICH IS GENERALLY DESCRIBED AS FOLLOWS: On Belleview at Clark.son : Reset I air vent and associaled appurtenances on the southwest comer. to the acceptance of the Englewood Utilities Department. ~o .iccomrnodate proposed traffic signal ;,ole ::onstruction as shown on the plans. Replace the existing plv:mized vertic:li vent pipe and cover with a new black vent and cover -cost of replacement shall be included in the reset item. Provide specific written notices to Englewood Utilities 5 days immedialely prior to requiml inspections. THE OWNER'S PERSONNEL MAY INSPECT THE WORK BEFORE ACCEPTING IT. THE STATE 'NILL: t PERFORM THE WORK iN COMPLIANCE WITH THE CURRENT VERSIONS OF ?ART 6'5 OF TITLE 23, COOE OF FEDERAL REGULATIONS (23 CFR 645) t PAY FOR TH E WORK AT NO COST TO THE OWNER. (C .R.S. SECTION 43-1-2251973 AS AMENDED) UTIUTY CWNER RE?N:SENT A TNE SIGNATURE COOT RfQION TRANSPORT A TlON OIRECTOl'I SIONA l\JIIE ~on ~lck•i-Region ,6 Utility Engineer r-Of aOh n r , Muscateil I ~Tl CATI \ D ....... •, ... ... , " . ..,. • •·. II ..... .,. . . . .. . . ,./. ·. , ... . '· .·• · .. ~ .. : t.\ • I • .•.• v' .:, .. •, .... · ' .. ·· .. · ·: ; . . ... ~ •: .. :. ~ . .... . ' '"• .· .... tlDIDW!" I ST CIIIID£1I: 511(1PU" MCI ti tr QIIF A Q/TID! PUet 11 ST 1'IP{ ll, .... _ • .. ~"':"""'"·"'""·''"·'"'"·'·'""·"''''·"·~ .. ,-.. ,, ... ., ....... :···"·''"'·''"0"'"""0"".""'' ..... , ....... , .... , ........ ,., .. , .. ·.,·.·.··""""·'''·"''·'"·"'''":··,·:'"'1:' ···:. •Li. .. , :::::-,...7 -- .:• ' • \, --· ,., __ ---·11 -·-l'IACIDS'flftJA --··" -·--·-·-, SY-·-mNllllll'Ua CUii .................. ""' ................................................................................................ ""............ ~ , .............. h .......................................................................... ..........,,,,,... .. ........,, _____ :,_.~ A'&::/, I~/ . '., II~ 11ntltHHt ... NtfftNNlfttNl'"" ................. ,NI ... IIIIIIN ... N ........ ffN .... IIINNMIN .......................... I ,tL "" • c,,,' '"'ll ._,.,_,,. __ ., ___ u .. .._0rn .............. ,,,.~ .......... ___ ..,.._...,_.,. __ , __ ~ 1-"-=.,:,:::'--,:-,--=~~~,;;;;;;~--1 CaD 1---+------t-----t C:I> 1---+------t-----t E> 1---+------t-----t ED ..._-+-----+--t Colonl* Oapartn,ent of Tr...-t.U., -~--a ....... c:...... .... _ ,_, m -,111 ••tatf t11-t1•• 11...,. I Sault, .. " U l• ' _. __ . ., __ 1111 ............ ..... i-------·-· .. -·. BY AUlHORITY : i ~ .. COUNCil. BILL NO 21 INTRODUCED BY COUNCil. MEMBER GARRE1T . :,: ,,._· AN ORDINANCE APPROVING SUPPLEMENT# 155 TO 1llE SOUTHGATE SANJT A TION DISTRICT CONNECTOR'S AGREEMENT FOR nm INCLUSION OF LAND WITHIN 1llE DISTRICT BOUNDARIES. WIIEREAS, Southgate Sanitation District bu rrmmrnended the inc1uaion of2.43 acres, repraentina the South 1/2 of Tract 123, C1ut Colony Number 3, numbered 6767 Eut Orcbard Road in Cmenwooct Villqe, for illcluaiaa imo the Soutbpte Sani1alioa District; 111d WHEREAs, Ibis ma ia within the ma the City C0111iden to be the ._ it bu committed to serve; 111d WIIEREAS, ldcquale capacity bu been provided in the tre11ment plat to accommodate these future inclusions; 111d . . 111d WIIEREAS, the preaent 111d future Ille of Ibis pruperty ia for a relipoua ficility; ' .. ",tf \:: WHEREAs, llid IDJNIUdon ofdlii~ ,-eel of lad will DIil iDcrwe the tap allocation to the So1llbpte Sanitation~-- WIIEREAS, the F.nglewood WIier and Sews Bomd reocw iwded lplllOVII of Supplement No . 155 to the Soutbpte Sanitiiiian District at ita Marc:li 11, 2003 meedDa; NOW, TIIEREFORE, BE IT ORDAINBD BY nm crry COUNCIL OF nm CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Scctjon 1. The Agroemen1 between the City of Eqlewood 111d Sot!!hpre Sani1a1ioa District entitled "Supplement No . 155, to Connector', Aan,ement", w11icb includea 2.43 acrea located at 6767 Weat Orchard Road in Greenwood Villap, it hcnby ICClpllld 111d approved by the Enalewood City Council. A copy of aid~ ii llladled bereto • "€.~bit I " and incorpontcd herein by reference. Scctiop 2. The Mayor 111d City Clerk are benby IUlboriacd to 1ian ad -. respectively, the aid Agroement for and OD bellalf' of the City COlaliJ al die Cily ol Englewood, Co!Jndo . Introduced, read in full, llld puaed OD ftnt readiq oa die,.,. day oCMan:11, 2003. -1- Publilbed u a Bill for an Ordinance OD tho 21• day Man:b, 2003. Read by title and paued OD final readina OD tho .,. day of April. 2003. Publilbed by title u Ordinance No.___, Seriea of 2003, OD tho 11• day of April. 2003. ATTEST: Beverty J. Bndaliaw, Mayor Loucriabia A. BDil. City Clerk I, Loucriabia A. EDia. City Cat of tho City ofEnalcwood. Cobado, benby Oll1ify lbat tho above and foreaoma ia a true copy of tho Onlinaacc paaed OD final readina and publilbed by title u Ordinance No.____, S1ri11 of 2003. -2- THIS AGRl!!IIINT, made and--., inlo by and 1191.WMl'I the CITY OP ENGl.EWOOD, acang by and lhrougtl ill duly lllllariad ....,, and Cly Clerk, ........ Cllled the "City,• and SOUT'HGATB SANITATION DISTRICf, Anlpahoe Ind Douglas Counties, Colorado. ,.,..., c:allld the ....... wtteREAS, an the 20a, day al .ble, 1181, the Cly and the Dlllrid lnllr9d into M ~II in wNch the City agl9ed 1D ir.. NWage C11igi11•1\1 flam the Dillricrs IMilaly .... Sysl9m w.111*'1 the ... --by the Dlslrict. which~ ..... moat recently,....._, by Comeclrrs Agfa,•it ct-.. Nowambel 18, 11111; and wttaUI, uid Conneclar'1 ~It PfowidN thet the IMict may !IOI enlarge ils ....... wilhaul the wnllln-..11 al .. Cly; NOW, ~ in considlllllllun al the mu1u11 CIMl•lls and 1111derlllki11111,_.,, • btl, Ille parta..,.. • raao.: 1. The Cily ller9by CD11Nn11 to the inclusian al carlllin addllianal ._ locaad In Alapehoe County, Colorado._,.. by Grw. ood V-... Col9 I I II ol Jehowait'a 'Min 11-and mora fullr clascnbad an Exfllbit A alac:tied ,__ and incolpu.-.d hlrwl by 1*9r,c:e, inlo ~ Sanitallan Dlatrlct. The Cly .... that Mid actdillonal ... may be --wilt. the ..... ,... al the Dlslrict. and thet the Cily wil net the aewage disd.-gsd into the Clly'1 trunk h flam Mid actdillonal ._, al in ac:cardalOi wilt. the Connec:tar, Agrw..11 dalld NcMnlbel 18, 1911. Armldlliglf, Exhibit A '*rad IO in Paragraph 1 al the Conneceor's .-•• 11 -.cl Nol.ember 18, 111118, ia ... amended lo inctude SUdi ldlllcir.al ..._ • WITNUa WIIIRBOF, the_..,-.• tieir 11a11C1a and ..... Ilia _c1aya1 __ . 200_. ATTEST: CITYCLDK (SEAL) ATTEST. &i,..,.-, I '~"°'l IKllaTM't (SEAL) By:,..._~,__ ____ _ IIAYOII EXHIBIT l - • EXHIBIT A The South 1/2 at Tract 123, Clarie Colony No. 3, in Section 17, Township 5 South, Range 67 West. County at Arapahoe, State at Colorado D 0 . ' • • BY AUTIIORITY SERIES OF 2003 \ ,', •,I•' I I COUNCll. BILL NO. 23 INTRODUCED BY COUNCll. MEMBER GARRhTJ' AN ORDINANCE APPROVING nm LICENSE AGREEMENT AND TEMPORARY LICENSE AGREEMENT wmf IC. C. ENSOR, GREEN VALLEY TURF CO., AND Wll.DACRE, LLC FOR CROSSING nm CITY DITCH. WHEREAS, IC. C. Ensor submitted a City Ditch Lic:cnle .\areemeut and a Temporary License Agreement repre1CDting K. C. P.mor, Grom VaUey Turf Company and Wildacre, LLC for crossing the City Ditch a1oog Santa Fe with a bridge and related roadway improvementa; and WHEREAS, the Temporary Liccme Apeement aUows for construction of the bridge within the existing driveway ICl'08I the City Ditch; and WHEREAS, the License Aareementa will allow Cl'Olliq ofEqiewood's 48" City Ditch pipe with a protective arch to aUow acceu to and fiom Santa Fe Drove lo the adjacent properties _ located west of Santa Fe Drive; and ~. 'j • ' WHEREAS, the Englewood Water and Sewer Board rcco,naiended Council's approval of the License Agreement and Temporary~ Apeement with K. C. Emar, Green VaUey Turf Co., and Wildacre, LLC for C1011iaa the C!!r-~ NOW, TIIEREFORE, BE IT ORDAINED BY TiiE CITY COUNCll. OF TiiE CITY OF ENGLEWOOD, COLORADO, THAT: . '·' Ssm!mJ.. Tbe City Council of the City ofEnpwood hem,y ICCepll llld lpplVvel the License Agreement, atllcbed u Exlu"bit A. 111d Temporary Liceme Aareamem, atllcbed u Exhibit B, with K. C. Ensor, Orem Valley Turf'Co., llld WiJclacni U.C for C1011iaa the City Ditch belonging to the City of Englewood. Msml. The Director of Utilities is authorized to execute the Temporary Lic:eme Agreement and License Apeement for the City Ditch croaiq for 111d on behalf of the City of Englewood, Colorado. Introduced, read in full, and passed Oil fint readina OD the 1,6 day of Man:b, 2003. Published as a Bill for an Ordinance OD the 21• day ofMan:b, 2003 . . · , .. Read by title and pusec1 oa final readina on 'the ,6 day of A1iri1, 2003. Published by tide • Ordinance No. ~-Scrim of 2003, CJD the 11 • day of April, 2003. Beverly J. Bnttaw, May,ar Attest: Loucrilhia A. Ellia, City Clerk I, Loucriahia A. EJlil, City Clerk for the City of Enalnoocl, Colcndo, bcnby certify that the fcngoina ii a true copy of die Onlimnce palled on final readina 111d publwied by title a Ordinance No. ___, Series of2003. Loacrisbia A. Ellia • ·--- EXHIBIT A LICENSE AGREEMENT THIS LICENSE AGREEMENT, made and entered into as of the day of --------'' 2003, by and between the CITY OF ENGLEWOOD, a municipal corporation of the State of Colorado, herein referred to as "City", and K. C. ENSOR, JR., a/k/a KENTON C. ENSOR, Jr., individually and as Trustee of the K.. C. Ensor Trust, MARY EDITH WILKINS, BARBARA ENSOR, GREEN VALLEY TURF CO., a Colorado corporation and WILDACRE, LLC, a Colorado limited liability company, herein collectively referred to as "Licensees". WITNESSETH: The City, without any warranty of its title or interest whatsoever, hereby authorizes Licensees to use a parcel of land in the City's right-of-way for the City Ditch, which parcel is situated in SW V. of Section 32, Township SS, Range 68W of the 6m P.M., County of Arapahoe, State of Colorado, and which is more particularly described on Exhibit "A" which is attached hereto and incorporated herein by this reference (the "Licensed Premises"). The Licensed Premises is depicted on a drawing which is attached hereto as Exhibit "B". 1. Licensees are granted an exclusive license to the Licensed Premises described herein subject to the provisions of this Agreement. In addition, Licensees are granted the following rights, subject to all provisions contained in this License Agreement. a. To construct and maintain a bridge and related roadway improvements across the City Ditch right-of-way so long as the structures and water flow of the City Ditch arc not impaired and to use said bridge and roadway improvements constructed thereon by Licensees for access to and from South Santa Fe Drive to and from Licensees respective real properties located on the west side of South Santa Fe Drive by all modes of travel including. but not limited to, motor vehicles of all kinds. including trucks and conslJUction equipment. Said bridge shall be located within the existing driveway and at the location as generally ~cted on Exhibit "8". 2. In granting this License, the City reserves the right to the fullest extent permitted by law, but without interfering with the Licensees use as authorized herein, to make as full a use of the Licensed Premises as may be ncccssary or convenient in the operation of the City and the City retains all right to operate, maintain install, repair, remove or relocate any of the City's facilities located within the City Ditch or City right-of-way at any time and in such manner as it deems necessary or convenient, provided the City does not deprive Licensees of access lo and from South Santa Fe Drive to and from their respective real properties as provided for above. In the event Licensees' installations should unreasonably interfere with the City's use or operation of the City Ditch or right-of-way, at any time hereafter, Licensees shall, upon request by the City and at Licensees' sole expense, as soon as practicable relocate. rearrange or ranove its installation so as not to unreasonably interfere with any such City use and to ranove the installation of Licensees when necessary or convenient for the City, its succeseors and auip; provided, however, the City has under all circumstances tint made a l"CIIODable effort lo provide Licensees with alternative access to and from Licensees respective real properties that is reasonably similar to the access provided by this Liceme Agreement ~-...... ~-(UNl(UNI . \ t ..• • • • CJ 3. Subject to the prov1s1ons contained in paragraph 2 and in particular the requirement to maintain Licensees reasonable access to and from South Santa Fe Drive, the City shall have the right to maintain, install, repair, remove or relocate the City Ditch or any other of its facilities or installations within the City's right-of-way, at any time and in such manner as the City deems necessary or convenient. The City reserves the exclusive right to control all easements and installations to the full extent permitted by law. 4 . The rights and privileges granted in this License shall be subject to prior agreements, licenses and/or grants, recorded or unrecorded, and it shall be the Licensees' sole responsibility to determine the existence of said agreements, licenses or grants or conflicting uses or installations. The City represents that it has provided Licensees with copies of all unrecorded prior agreements or grants that affect or pertain in any way to the License. 5. The Licensees ~..11 ha,·;. ihc: ,-ighi to mainlBin, operate, repair and replace Licensees improvements on the above described Licensed Premises, including, but not limited to, planting and trimming grass and/or bushes, fertilization and irrigation and removal of trash and brush and replacement of any asphalt and road related improvements. 6. Licensees must maintain access to the Licensed Premises by City personnel for inspection and maintenance. 7. No substantial construction, other than the proposed bridge and roadway, shall be allowed on the Licensed Premises without express written permission from the City which sball not be unreasonably withheld. · 8. Upon abandonment of any right or privilege herein granted, the right of Licemees to that extent shall terminate, but their obligation to indemnify and save bannlesa the City, its officers and employees, shall not terminate in any event. 9 . The rights granted to Licensees hereunder may be assigned in whole or in part to any entity which acquires title to Licensees real property (or any portion thereof), benefited by this License Agreement. The foregoing notwithstanding, this License is assignable only with the written permission of the City, which permission will not be unreasonably withheld, conditioned or delayed. Upon an ·approved assignment of this License to a third party, the assignor shall be released of all responsibility under the provisions of this License Agreement and the approved assignee shall assume all obligations thereunder. 10. Licensees shall comply with all applicable lawa and ordinances and all rules, regulations and requirements of any environmental standards and conditions applicable to the City Ditch or City right-of-way. If, as a result of the Licemees' occ:upmcy of the premiles and its operation hereunder, any such law, ordinance, rule or regulation is violated. Lic:emea sball protect, save harmless, defend and indemnify the City from and apinat any penalties, fina, COiia and expenses, including legal fees and court costs incumd by the City, cauaed by, rauhina fiom or connected with such violation or violations, and thi s Lic_enae shall terminale immediately. 2 ' ... .. • • 11. This License Agreement confers upon Licensees only ~ ~ch use rights u City bas by reason of its right-of-way for the City Ditch and nothing herein contained shall be deemed to reduce or enlarge the City's interest in or tide to said right-of-way. IN WITNESS WHEREOF, this instrument bu been executed day and year first above written. APPROVED: Stewart Fonda, Director 3 CITY: CITY OF ENGLEWOOD, COLORADO Acting by and through its Water and Sewer Board By: ___________ _ Chairman LICENSEES: BARBARA ENSOR GREEN VALLEY 1UllF CO., a Colondo corporllioo By.~~-- J. PRESIDENT STATE OF COLORADO ) ) ss. COUNTY OF ARAPAHOE ) Witness my band and Official seal. Mycommissionexpires f-,t -o~ STATE OF COLORADO ) ) SI. COUNTY OF ARAPAHOE ) The foregoing instrument wu acknowledged before me this _AL day of f.,Jtq11ly. 2003, by K. C. Ensor, Jr., a/k/a Kenton C. Ensor, Jr., individually and u TIUltee of the IC.' C. Ensor Trust. Witness my hand and Official seal My commission expires /,2 -13 .. hi!'. STATE OF COLORADO ) ) ss. COUNTY OF ARAPAHOE ) The foregoing instrument WU acknowledged before me this -1L_ day of MA e ~:tl , 2003, by Mary Edith Wilkins. Witness my band and Official seal. My commission expires /6 -I 3 "' «09f . ; • • STA TE OF COLORADO ) ) SI. COUNTY OF ARAPAHOE ) The foregoing instrument wu acknowledged before me tbia ..1.L.. day of fUluA 1¥ 2003, by Barbara Ensor. ' Witness my band and Official seal. My commission expires J 6-13-,10 OL • STATE OF COLORADO ) )a COUNTY OF ARAPAHOE ) The foregoing inatrumcnt w acknowledged before me tbia _L. day of 1/111.<!cH 2003, by J. R. WiDtina, u Plelidmt, of Orem Valley Turf'Co., a Colorado CCllpOllllion. Witnell my hind and Ofticial ICal. My commillion apinl /t, -/ 3-d«>$" . s UCO W. UTT\.ffON &W.. IUln 210 UTTUT0N, COIOl».ZDI DBIBIT ••• AWA MILLER ENGINEERING & SURVEYING. INC. LEGAL DESCIUnION: SO FOOT WIDB DO'OI BASEMENT A 50 POOT WIDB DITalBASBMBNT AC.IOSS A PORnON o, THE NOJl1'BEAST QUAl.'IBll OP 'I1IE SOUTBWEST QUAllTBll AND TBB NOllTBWBST QU.u.TD OF 'lBI! SOU'l'RWPST QUAll'l'IDl OF SBCTION 32. TOWNSHIP 5 SOl11'H, RANGE A WEST OP 1'BE SIX'11I PlUNCIPAL MEUDIAN', COUNTY Cl' AllAPAHOE. STA'IE 01 COLOltADO, MORE PAllTICUI.AlU.'( DBSC1UBED AS POI.LOWS: COMMENm«l AT APOINT OF IN'IBlSBCTION Of mB NOll'l'IIWBSTEIY:RIGHT OF WAY LINE OF lT.S. IDGHWAYN0.15, PIUOll TO 2001. .AND 'lBI! SOU'111IJNB OF SAJI> NOlll'HWEST (UAR.TD.OF mB SOOTHWEST QUAR.'l'D. WBICUOJNI' IS 2A.13 PEET N 19"53"4'r W Of THE SOUTHEAST COllNBll OP SAID lU.l'BWBST QUAUD. OF 'l'BE SOUTBWESTQUAUD; TIENCBN 21• 10•11• EALON011EWWWWBSi.iillLYllIOIIT OPWAYIJNB OPU.S. IDGHWAYN0.15,PRJOR. T02001.ADISTANCBC.527.61EBT; THENCE N 7r ll'W WA DJSTANCI Cl' 90.35 nmT TO A POINT, SAJD POINT BBINO "l'BB P01NT Cl' BJ!OINNING; 'IHBNCB. S 6r04'r'W A DISTANCB OP '71.G P'BBT; 'DENCE N 7'Z' 11' 49" WA DISTANCE OF '71.43 PEET; lllBNCB NW 04' 52"' BA DISTANCE OP 11.43 PEEi'; 111ENCE S 7r l I' W BA DISTANCE OF 7L43 PBBT 10 TBB POINT OF mK'BNNING. CONTAJNING C.0900 ACRES . BASIS OF BBAJ:JNGS IS THE WEST LINE OF TBE SOt1l1lWBST QUAll'ID OF SBC'l10N 32. WHICH BEAllS N OC1'3S'43• W BBT#EEN 2 1/l • ALUMINUM CAP IN MNOB BOX AT 'l1E SOUTH QUAll1ER. C01tNEll AND AT BllASS CAP PLS 16391 AT 11E CEN1'D S8C'l'D(. , .. • • • I PADPOSED 50' WIIE · EASEMENT " ti • ~ ~ I " 1u I l:iJ ~ ~ I VIUW:RE P#ATNERSHIP REC. tel A SAJ12S36 I DIIDIT ... E>CHIIIT C 1111( 2025 PAGE 757 .,, ----I s r ...... ....... ___________ ~_ • t • • TEMPORARY LICENSE AGREEMENT THIS TEMPORARY LICENSE AGREEMENT ("this Grant") made and entered into as of the _ day of , 2003 by and between the CITY OF ENGLEWOOD, a municipal corporation of the State of Colorado, hereinafter referred to as "City" and K. C. ENSOR, JR., a/le/a KENTON C. ENSOR, JR., and WILDACRE, LLC, a Colorado limited liability company, herein referred to as "Licensees". WHEREAS, Licensees desire to construct a bridge and associated roadway across the City Ditch right-of-way to upgrade the access to Licensees respective properties located west of South Santa Fe Drive. NOW, THEREFORE, THE PARTIES COVENANT AND AGREE AS FOLLOWS: 1. Description of Prqject. The City hereby authorizes Licensees in conjunction with the construction and improvements to the crossing of the City Ditch to construct a bridge at the location within the existing driveway across the City Ditch as depicted on Exhibit "A" which is attached hereto and to use the remaining ponion of the fifty foot (50') wide easement area u described on Exhibit "B" to park construction equipment, vehicles and equipment necessary for the construction of the bridge and the associated roadway. Licensees further agree to comply with all state and federal statutes and regulations regarding the handling. storage and clean-up of any hazardous materials used by Licensees, their employees, agents and assigns in conjunction with the Project. 2. Tenn of License. This License shall expire on April 1, 2003, except for seeding. which shall be completed by July 1, 2003. 3. Access. Licensees shall have the temporary non-exclusive right to enter the City Ditch right-of-way for any reasonable purpose nee for the construction of the Project subject to the following restrictions: 1) normal working hours shall be consistent with the South Santa Fe COOT project scheduled. 4. Restoration. Licensees will do whatever is reasonably necessary to restore the surface of the property to its general condition prior to entry by Licensees. 5. Site Condition. Licensees will provide for security and safety of the public at the site at all times. The construction of the bridge shall comply with the drawings and specifications as described in Exhibit A. 6 . Liabjljty. Licensees agree that they shall be respoD11l>le for their own nealigent acts on the property. 7. Rjghts of City. City reserves the full right to the undiatuJbed ownenbip, me. and occupancy of the City Ditch right-of-way insofar u said ownenbip, wie. and occupancy ia consistent with and does not impair the rights granted to Liccmee in thia Liceme Aa,eemenL In • l! t· 8 ' ·• . .. .· . .•' • • the event City's improvements within the City Ditch rigbt-of-w1&y require repair, replacement or maintenance of any type or kind, City may do so with reasonable notice. Cost of repair and restoration of surface improvements shall be done at the cost of the Licensees. IN WITNESS WHEREOF, the parties hereto have executed this Temponuy License Agreement as of the day and year first above written. CITY: CITY OF ENGLEWOOD, COLORADO By. By. A. Gray Cluk, Chairman F.nglewood -::S:-tew-ll't--=Fonda,--,~DileCtor'-:-. --of~U~tili":":'. .. :-:ti-es Water and Sewer Board ATTEST: ATTEST: Cathy 81UTage, Recording Secretary Loucrishia A. Ellis, City Clerk LICENSEES: Wll.DACRE, U.C, a Colondo limited ~~ STATE OF COLORADO ) )aa. COUNTY OF ARAPAHOE ) The foregoing instrument was acknowlodged before me this .A day of EebcuA!J . 2003, u Manager, of Wildacre U.C. Witness my hand and Official seal. My Commission expires : _ _.__....._--"-.aa......----- 2 STATEOFCOWRADQ ) COUNTY OF ARAPAHOE ) ) sa. The foregoing instrument was acknowledged before me this ,2L_ day of FE,A t'u QR, 'f • 2003, by K. C. Ensor, Jr., a/le/a Kenton C. Ensor, Jr. l • • ' I Yll.DACRE P, "'TNERSHIP REC. ND. , 6012:536 S1r«N L ~Y. Pl: a PI.S ,z7'011 .. - EXHIBIT C IDDI( 202S ---f"lr-- PACiE 7S7 • l!5i ----·L--------------- • t : • • 11CIOW. UTTUTCIN aVD .. IUITI 210 LJTTLITQN. CO mt»zza I IIIIDIT ... ···tM~~.G CML MIO LAND DEV&LOPIIENT l!IGIE!NG IAI) IUIIVrtNI LEGAL DESC&1Pn0N: 50 FOOT WIDE DrrCBEASBMENT A 50 FOOT WIDE Dl1CB EASEMBNT ACaOSS Al'Clll'l'ION OE TBB NOll'1BEAST QUAllEI. OP 1BE SOUTEWEST QUAllTBll AND TBB NCa1BWBST QUAllDI. OP THI SOUIBWEST QUAR.'IEI. OP 5 ECTION 32. TOWNSHIP S sotJ'l'H. ltANGB A WEST OP 1BB SDml PRINCIPAL ME IUDIAN, COUNTY OF AliPAIIOE. ffA'lB OF COLOI.ADO, MOU PAllTICtJLAIU. 'I DESCRIBED AS POLLOWS: COMMENCING AT A POINT Of IN'l1!llSBCl'JO OP TBB NORTHWESTEIL YIIOBT OF WAY LINE Of lJ.S. m<BWAY NO. a,. PSDl TO 2001. AND 111! !OO'IHLINB OF SAJD NORTHWEST ( !UARTER. OF THE SOU'lHWBST QUAllTBI. WHICH JIOJNT JS 24.13 Jll!BT N W53'W WOP THE SOU'IHliAST a»lNB OP SAID NOll'JBWIST QUAUROF TBE SOOl'BWl1STCUAll'lD; 'IBENCEK 21• 10'11• BALONOTBBNCll11lWIISlDLYUOHI' OF WAY LINE C:JF U.S. BIGBW AY NO. 8', PlUOll TO 2001, A DISTANCE OF 52'7.6 l'BBT; THENCE N 7%' 11'4'"' WA DIST ANCB OP 90.35 PEBT TO APOINI', SA.JD PODff IIIIINO'DIB POINT OP BEG :NNING; THBNCE S W04'51""W A DISTANCI Of' 71.43 JIIIT; TBENCB H 'TZ' 18' WW Alm ,TANCE Of 71.G JIBBT; 11ENCI NW 04' SZ-B ADISTANCI! OTl 71.G PIEi': THENCE S 7%' I' 4'r BA DISTANCE Of 71:a PEET 1'0 '1'IIB JOINT OE JEGINNING. CONI' AINING 11.()900 ACRES • BASIS OF BEA UNGS IS TIE WEST LINE OP TBB SOU'IHWBST QUAll'ID. Of SECTION 32. WlDCH BEAR£ N 00°35'43• W BETWEEN 2 lJ'l • ALUMINUM CAP 1N MNCJI BOX AT 1111 SOU111 QUA1l1 'Ell CORNEil AND A 3• BaASS CAP PLS 16391 AT TBE Cl!N'ID SBCTION. OUJINNDIID._ Sl!IUl!S OP 2003 BY AVJllORITY COUNOL Bll..L NO. 24 INTRODUCED BY COUNCIL MEMBER OARRB1T AN ORDINANCE AU'l1IOIUZINO AN IN'IBRGOVERNMENTAL AORBEMBNT, ENITIUm ·AMENDMBNTTO AORl!l!MBNT RBOARDINO FINAL DBSION AND CONSTRUC110N OP DRAINAGE AND FLOOD CON'I1lOL IMPROVEMENTS FOR BIO DRY CREEK AT AU.EN WATER TREATMENT PLANr' BBTWBEN 111B URBAN DRAINAQ~ ~""!' FLOOD CONTROL DISTRICT AND nm Ol'Y Of BNOLBWOOD, COLORADO. WHEREAS, Urban Dnilllp 11111 Flood Conlrol Dillrict complcled 11111 apdad llllpping of Bia Dry Creek iD 1997; 11111 WHEREAS, anfOl'Dlllioa from lbla new.~_ ldealifled Ille Alica W,_ 'l'rell-r Pllll u beina 1oc:lled within die flood plain of Bia Dry Creek; 111d WHEREAS, u put of die major impco.cmeall 10 Allen Tlalmall Pllll comp1ded iD 2000, lbe Ulilitiel Depanmeul iDdaded aJllllluc:tioa of a floodwaD 10 prollCl Ille --- facility; 11111 WHEREAS, Bia Dry o.t blllk prollClioD la n,quired IO prollCl die ftoodwall ad climiDMe die flood plailt clellpllioe; ... WHEREAS, UrbM Dni-,e ud Ille City Ulilillal DlipllW ICIDclld "Twf Reinfan:emeal a..t Proledioa• IO llllliliae die c:rllllt 11..t wllile beilta lea~ IO die llope 11111 ailliD& veptaliml. NOW, 11IEREFOltE, BE rr ORDAINED BY nm Ol'Y COUNaL Of DIE Ol'Y OF ENGLEWOOD, COLORADO, AS POI.LOWS: Slma..1., The City Coacil of die City of l!apwood. Colando llllnby ......... lnlaJOw:nmalal Ap,anml ealilled •Anwe:t 2 IO A.-ltepnlilta PIMI Delip ad COllllnldioa of Dnillap Aad Flood CollPlol lmpo tr far Bia Dry Creek 12 ADell w .. Treatmcal Plan!'" tiet-lbe UrbM 1>ni-. ad Flood Coll2lol Dimic:t aad die City of Eq)ewood. • copy of wbicll ii ambd. "&lllbit ~. ad lctldied ...... Sa:lila..2, The Mayor ad lbe City C1at ll'C llllnby MPllllliacl lU lip ... -aid lnlerJo__... Ap,anml oa ball of die City of lllpwaod. Introduced, read ill fllll, aad ,-d oa fine .... oa die I fA day of Mada, 2003. -1- t • • Published• a Bill for an Onlinancecm lbe 21• day of Mardi, 2003. Read by lide and paaed oa final readiJlc oa lbe 7* day of April, 2003. Publilbed by tide u Ordilllace No. _. Scriea of 2003, oa lbe 11 • day of April, 2003. ATl'BST: Loacrilhia A. BIiia, City Clllt I, Loacrilbia A. l!llia, City Cert of die City of J!aalewuod. ColaadD, lamby oertifJ lllll lbe abcM ad r-.-, ii a tnlecapy of lbe Onliaace 0-.S OD flDal ................... by tide • Ordinaace No. ____, Sat. of 2003. -2- AMENDMENT TO AGREEMENI' REGARDING FINAL DESIGN AND CONSTRUCTION OF DRAJNAGE~'IDFLOODCONTROLIMPROVEMENTSFOR BIG DRY CREEK AT ALLEN WATER. TREATMENT PLANr Agreement No. 01.()7 .04A THIS AGRE~'viENT, made this day of 2002 by and EXRIBITA between URBAN DRAINAGE AND FLOOD CONTROL DlSTRICT (ba'einafter called "DISTRlCT") and CITY OF ENGLEWOOD (hereinafter called "CITY") and collectively known u "PARTIES"; WITNESSETH: WHEREAS. PARTIES have entered into "Aareement Regardin1 Final Desip and Coasauction of Drainage 3nd Flood Control Impn,vemenis tor Big Dry Creek at Allen Water Treaanent Plant" (Asreement '.'lo. 01.1)7 .04) dated December 31, 2001, as amended; and WHEREAS, PARTIES now desire to construct improvements; and WHEREAS, PARTIES desire to inc:re:ise the level of fundin& by $177,000; and WHEREAS. DISTRICT's Board of Directors has authorized additional DISTRICT financi:il participation for PROJECT (Rc:solution No. S3, Series of ~002); and WHEREAS. the City Council of CITY and the Board of Directors of DISTRICT have authorized, by appropriation or resolution. all of PROJECT coslS of the respective PARTIES. NOW. THEREFORE. in conside ra tion of the munw promises contained herein, PARTIES hereto agree as follows: 1. Para!II":lph 4. PROJECT COSTS AND ALLOCATION OF COSTS is deleted and replaced as follows: 4 . PROJECT COSTS AND AI,LOC,illON OF COSTS A. PARTIES a~ that tor the purposes of this Apment PROJECT costS shall consist l)f and be limited 10 the following: I. Final desi"" services ; :?. Construi:tion l)f improvements; 3. Conrin1t'fflC ies rnut\13lly ap-ee:lble to PAR.TIES . B. It 1s understood that PROJECT costs as defined above are not to exceed S209,000 wtth®t amenJmi:nt to this . .\p'eemcnl PROJECT com for the variOIII clcmaus of lhc efl'on are atimaled u follows : ITEM AMOID£I I. Final Dn1i;n S 32,000 ' C .instrUC non 4 . C 1>ClllnVtftCy Gr:inJ Tou l 160,000 17,000 $209,000 • • This breakdown of costs is for estinwina purposes only. Costs may vary between the various elements of the effort without amendment to this Agreement provided the tocal expenditures do not exceed the maximum cona,butioa by all PARTIES plus accrued interest. C. Based on total PROJECT costs, the maximum percent and dollar conaibutioa by each party shall be: Percentqe Maximum Share Conmbw:ion DISTRICT 50% $104,500 CrrY 50% 104,500 TOTAL 100.00% $209,000 2. Paragraph s. MANAGEMENT OF FJN0:&'ICES is deleieci and replaced as follows: s. MANAGEMENT OF EJNc\NCES A!. set forth in DISTRJCT policy (Resolwion :-.ro. 11. Series of 1973 and Resolution No . -'9, Sc:ries of t 9n), the cost shannv shall be ~ ;ub1r.1etin1 ;!ale, feder:11, or other sources of fundinii from third parties. However . monies CrrY m:ay receive from federul funds. the Feder.II Revenue Sharing Prognm. the Feder:ll Community Development Prosrmn, or such similar discretiOCllll'Y pro!Jr.11111 as approved by DISTRJCTs Board ofDirecU>rS may be considered as and ~lied toward CITY's shire of impro,iemc COIII. P:aymenc o(ach party's tull shllre (CTrY. S104,500: DISTRICT· $104,500) shall be made to DISTRJCT subsequent to o.ecwion of Ibis AlffllllCl'l and witbin 30 days of requcsc for payment by DISTRICT. The payments by P.UTJES shall be held by DISTRlCT in l1 SIIC'=iil fund to pay for 1ncmncnts of PROJECT as :IUlborizled by PARTIES, md u defined herein . DISTRICT shall pro\ide i periodic xcountin1 of PROJECT ftmdl as \Veil u a periodic notiticlltion to CITY of my unpaid obliptions. .'ilJy inlereSI earned by the monies contributed by PAR.TIES shall be xcnied to the spec1:al fund established by OISTRlCT for PROJECT and such intc~st shall be us.ed only for PROJECT upon ~v:al by the contr:1cung officers (P:ir:igr:iph 13). Within one ye:ir ot' compt.mo n of PROJECT if there :ue monies includinl inmut earned remaining which ~c not ..:ommmcd. obligated. or disbursed. e:icb party shall recave m shllre of such monies. which shares shall be computed as were the orip shares. 3. All other tmns and condiuoni of Avm=mcnt :-lo . 01-07 .04 shall mmiD ID fllll force Uld effect. • • WHEREFORE. P AllTIES berefO have cwed dlil inAUiiEbt ID be GIICUlild by properly autbori=d sigaalories as of the date and year first abcm wri1la (SEAL) ATTEST: (SEAL) ATTEST: APPROVED AS TO FORM: City Attorney URBAN DRAJNAGE AND FLOOD CONTllOL DISTRICT By, ___________ _ Tide fJEPin Pi:mP Dall, _________ _ crrY OF ENGLEWOOD ay. _________ _ ~Bradlbaw Tide Mayqr o... _________ _ COUNCIL COMMUNICATION Date: Apndaltem: April 7, 2003 11 al Initiated By: Slaff Source: Safety Services COUNOL GOAL AND PUVIOUS COUNCIL ACIION Intergovernmental cooperation. No previous similar action. RECOMMENDED ACIION Subfed: Bike Path Easement - Metro Are Training Academy and South Suburban Parle District Director Chris Olson Approval of an ordinance authorizing an agreement between the fire departments Involved In the Metro Fire Training Academy and the South Suburban Partc District allowing an easement on MFTC property for the completion of a segment of a bike pathway. IACKCIOUND, ANAL 'VSIS, AND AllllNAlMS IDENIIRED The MFTC hu developed this a.-eement In conjundion wllh representatives from the South Sutuban Park Dislrict h appears to meet the needl of bolh o,pnlzatlonL FINANCIAL IMPACT None LIST Of AnACHMENTS Proposed Bill for an OrdiNnce I• ORDINANCE NO. SERIES OF 2003 BY AUTHORITY INl'R.ODUCED BY COUNCll. MEMBER.. _____ _ AN ORDINANCE APPROVING AN INTBROOVBRNMENTAL AGREEMENT BETWEEN TIIE CITY OF ENGLEWOOD, COLORADO, TIIE CITY OF LITl'LBTON, COLORADO, WEST METRO FIRE PROTEC'JlON DISTRICT, LITl'LBTON FIRE PROTEC'llON DISTRICT, SOUTH METRO FIRE PROTBC'l10N DISTRICT, AND SOUTH SUBURBAN PARK DISTRICT APPROVING A TEMPORARY EASEMENT ON MBTllO FIRE TRAINING ACADEMY PROPERTY FOR TIIE COMPLETION OP A SBOMBNT OF 11IE BIKE PATIIWAY. WHEREAS, five metro area entities cooperatively own lbe Metro Fire Trainina Ac:lldemy propcrty;and WHEREAS, ll no COit to tbelle entitiel, 1be South Suburlla Pim Diltrict wilbel to comtruct and maimaln a Im-foot wide bib padi acro11 dlil property• a pat oflbe South Suburban Bite Palb Symm. NOW, THEREFORE, BE IT ORDAINED BY 11IE CITY COUNCIL OP 11IE CITY OF ENGLEWOOD, COLORADO, 'IHAT: 5ostior I. City Council of lbe City of EDpwaod, Calando, ..._, appnma 1be lnterpvermneala ~ tbr a llliiDpCli•y-cm Malro fire.......,,.,,,,_,,, property u cleac:n'llecl in Exhibit 1, aa.cbed--. tbr ooqlllion ofa ....-ofdle Ma pathway. 5ostior 2. The Mayer and City Cledt are audloriDcl to lip md aaeat aaid lnlmr- governmental Apeement for and on behalf of lbe City of Bnpwoocl. Attest : Introduced, read in full, and paaed on 6nt readiq on lbe 7*' day of April, 2003. Published u a Bill for an Ordinance on lbe 11 • day of April, 2003. Beverly J. Bndlbaw, Mayer Loucrishia A. Ellis , City Clerk I, Loucritbia A. Ellis. City Cl.t far 1111 City ofEapwuod, Colando......, certify 1h11 the above and fonaoinl ii I true copy of I BiD far a OldiaMc:e, DllnNllad, rad ia full, wf paued on fint readiDa cm lbc 1* day of April. 2003 . AGREEMENT REGARDING GRANT OF TEMPORARY EASEMENT EXHIBIT l 1. PARTIES. The parties to this AGREEMENT REGARDING GRANT OF TEMPORARY EASEMENT \Agreementj are: WEST METRO FIRE PROTECTION DISTRICT, LITTLETON FIRE PROTECTION DISTRICT, SOUTH METRO FIRE PROTECTION DISTRICT, CITY OF LITl'LETON, CITY OF ENGLEWOOD, collectively referred to herein u "Granton"; md the SOUTH SUBURBAN PARK DISTRICT ("Gnmteej. 2. RECITALS AND PURPOSES. Granton own undivided but separate interests in and to certain property located in Arapahoe County adjacent to the Platte River, the lepl description of said property is attachod u ExJ,ibM ..4. Granton jointly operate the South Metro Fire Academy on a portion of the property. Grantee desires an easement across the northern portion of the Grantor's property for the purposes of constructin1, maintaining, and operating a pathway and trail for recreational purposes. Granton agree to gnmt a temporary easement to Grantee for such limitod purposes subject to certain terms and conditions. Accordingly, in consideration of the mutual promises set forth herein, the parties covenant and agree to the following terms and conditions of such grant. 3. GRANT OF EASEMENT; LIMITATION OF USE OF EASEMENT. Grantors hereby quitclaim, convey, and grant to Grantee, its successors and usigns, a non- exclusive easement, u described in paragraph S herein, for the term set forth herein and upon such additional terms and conditions u are stated. Such easement shall be limitod to use by Grantee for the construction, maintenance and operation of a non-vehicular pedestrian and non-motorized bike trail (herein, '"Trailj within the easement for use by the general public, u part, and an extension. of Grantee's propoaed trail and pathway system in the Platte River area. Such gnmt shall also include an access and comtruction easement over and across Grantor's property descn'bed in Enlblt B for the purposes of access to the Easement for the purposes of construction and maintenance of tho Trail Such grants are subject to all prior recorded utility euements and ria)its of way. 4. TERM. The term of this Temporary Easement shall be five calendar years from the date of the last approval by the governing boards of each of the Granton. The Euement may be extendod beyond such termination date upon the mutual written aaroement of tho parties. In the event that Grantee fails to construct and complete the Trail within 18 months from the date of final execution of this Agreement, tbia Grant of Eaement shall be null and void and this instrument shall automatically operate u a quitclaim gnmt of any and all interests, rights, ant titles of Grantee to Grantors without any ftuther formal action or instnunents. 5. DESCRIPTION AND LOCATION OF EASEMENT. The euement armted herein shall be an area of approximately 1,680 sq.ft., being approximately 168 ft. kma. and 10 ft. wide, such Easement commencing at a point approx · mately two feet north of the southeast comer of Grantor's property and terminating at a point approximately 35 ft. t -~ ..• .. • • north of the IOUtbwelt comer of Grantor's property, • depicted on the attached E,cJ,ll,M A, atendina over and 1Cr011 that certain poltion of the Granton' property which is locl&ed in the West Yi of Section 9, Towmbip S South, Range 68 W of the 6" P.M., COUllly of Anpaboe. Colorado, • more fully delcribed on the attached lbd,lb# B 6. PUaUC SIGNS. >J additional consideration, Grantee agrees to install, at its sole cost IDd e:xpeme, the folJowins sip: 6.1 A sip ~acm& to the eaaemmt that will contain a brief description of the fire fiabtinl lniain& aclivitiea, and their importlaa, that are conducted at the Academy. The Glmton will pnwide a mrnlive delc:ription of the activities for the benefit ofGnalee to utilize in the pnpaltioa of the sip. 6.l A sip~-to the IMemeal wbic:b will direct the uen of the Trail to remain on the Trail and within the BMmllllt, indicetin1 that the remainder of the property is not open to the pneral public. 7. RIGHTS or GRANTOR. Grmtor raerves the full right to the undilturbed ownership, uae and occupancy of the EINIDCIDt Property imom u said ownership, use and oc:cupanc:y ia c:onsiatent with and does not impair the rights granted to Grantee in this Grant In the event Grantee's improvements under the Easement require repair, replacement or maintenance of any type or kind, Grantee may do so with reasonable notice. Colt of repair and restoration of suriice improvements sball be done at the cost of the Grantee. L ABANDONMENT, In the event that Gnalee sball abandon the rights granted to it under this Grant. all ript, title 11111 interest hereunder of Grantee sball cease and terminate. and Grmtor shall bold the Easement Property, u the same may then be, free fiom the ripts of Grantee so abandoned and shall own all mataws and structures of Grantee so abandoned. provided that Grantee sball have a reasonable period of time after said abandonment in which to remove any or all improvements and Appurtenances from the Easement Property. 9. WARRANTY OF TITLE. Grantor wamnts and represents that Grantor is the fee simple owner of the Easement Property and that Grantor had full ript, title and authority, and that this Grant is effective to grant and convey to Grantee the within described easement. 10. INDEMNIFICATION. To the full extent permitted by law, Grantee shall indemnify and bold bannleu Granton (individual ly and collectively) from any and all claims, demands, or judpents auerted by, or awarded to, any third party or parties for any injury, death. or property damage which arises from the use of the Trail Nothing herein shall be construed u a waiver by Granton, or any of them, of any of the defenses or immunities provided by common law or by statute, specifically includiq the Colorado Governmental Immunity Act, Sec. 24-10-101, et. seq., CRS, u it may be amended from time to time. ' ... .. • • 11. BINDING uncr. 1bia Ap,cment sball inure to the benefit o( and be binding upon. the parti-. and their reapective lepl 1ep1eaentative1, mcc.eaon. and mipa; pro~ however, dtlt nodliq in tbia parappb sball be CODltrlled to permit the mipmmt of tbia Aal-.mllllt except u otberwile specifically autboriml in tbia Apeement. 12. COUNT&IIPAllTS. 1bia Ap,cment may be eucuted in amn1 cowmparta and. U IO executed, lball CCJti1titu1e one Agreement. bindiq on all the parties eve dJOup all the par1ia have not aped the ume coant.e.'pltt. Any countaplrt of tbia AlftllllMllll wbic:h bal ...... ID it .... lipature papa. which~ COllllin the siptablrel of all the parti-. lball be deemed a tuny executed i:alb:ameaa fbr all pmpo1& 13. ALTERNATIVE DISPUTE RUOUJTION. In the event of my dilput.e or claim arilins --or related ID tbia Agreement. the parties sball UIO thair belt ei!br1a ID settle mcb dupute or claim through aood faith nepdaliolll wi1b each odl«. If such dupute or claim is not seuled tbtoup neaotiatiOIII within 30 days after the earliest date OD which one party notifies the other party in writiq of itl daire to attempt ID reaolve such dupute or claim tbroup negotiatiom. tbm the parties aaree dm my party may initiate a civil action in the District Comt for Arapahoe County. 14.INTEGRATION AND AMENDMltNT. 1bia Apement IeprelCD1I the entire qreement between the parties and there are no oral or collabnl aapeementa or uaderatandinp. 1bia Agreement may be amcmded only by ID i:alb:iillHIDt in writiq lip,d by the parties. 15. PARAGRAPH CAPTIONS. The captiona of the panpaphl are Mil fbrtb only fbr convenience and reference, and are not intmded in my way ID define. limit. or drml,e the scope or intent oftbia Aafeement. Dated: __ ....;2003 WEST METRO PIRE PROTECTION DISTRICT By:---------------,.---,.--- Pnlldeat Attest: Secretary Dated: ___ .2003 LITl'LETON PIU PROTlcrION DISTRICT By:. ______________ _ Pnddeat _..., __ .... __ Dated: ____ 2003 Attest: Dated: __ _ Attest: Clerk Dated: ___ 2003 Attest: aerk SOUTH METRO l'IRE PROTECl'ION DISTIUCT By:~~------------Pndda t By:~-------------May or CITY OP ICNGL&WOOD By: ...,...·-------------- ACCEPTED AND AGREED TO: Dated:. ___ 2003 SOUTH SUBUIUIAN PAllK DISTRICT By:. _________ _ Attest: Secretary ,----·-- 1 r r murr.t. MITC Nortlm:I Property 147' -----------· Appa. 1,680 Sq. 'ft. for coacnte pull. (lA's 11') DIIIBITB A PAR.CE.I. OF LAND LOCATED IN THE WEST ONB-HALP OF SEcnON 9. TOWNSHIP 5 SOUTH. RANGE 68 WEST OF THE 6111 P.M.. COUNTY OF ARAPAHOE. STATE OF COLORADO, BEING MORE PAllTICULAlU. Y DESCRIBED AS FOU.OWS: BEGINNING AT THE SOU'IHWEST CORNER. OF SAID SECTION 9; THENCE N 00°22'52" E AND ALONG wrl'H WESTEllL Y LINE OF SAID WEST ONE-HALF OF SEcnON 9, 594.00 FEET TO THE SOt.JTHWESTERL Y CORNER. OF THE PARCEL OF LAND DESCRIBED IN BOOIC. 1698 AT PAGE 274, WlnCH POINT IS ALSO ON THE NOR.nlERL Y LINE OF A 20 FOOT DEDICATED R.OAD WAY AS DESCRIBED IN BOOE.234 AT PAGE 36; THENCE S 89"52'53" BAND PARALLEL wrrB THE SOUl'BERLY LINE OP SAID SECTION 9, 565.90 FEET, SAD> LINE BEING CONTIGUOUS Wffll THE SOUTBEltL Y LINE OF SAID BOOlt 1698 AT PAGE 274. AND THE NOR.TBERL Y LINE OP SAID BOOlt 234 AT PAGE 36; THENCE N 00922'52" E AND P.u..urpr WlTH THE WESTERLY LINE OF SAID WEST ONE-HALF OF SEcnON 9, AND ALSO SAID LINE BEING CONTIGUOtJS WITH THE WESTERLY LINE OF SAID BOOIC. 234 AT PAGE 36, 1206.60 FEET; TIIENCE N 27924'04" B AND ALONG THE WESTERl. Y LINE OP SAD> BOOIC. 234 AT P.~GE 36, 238.20 FEET; THENCE N 00"54'41" E AND ALONG THE WESTERLY ~c OF SAID BOOIC. 234, PAGE 36, 312.07 PEET TO THE TRUE POINT OP BEGINNING; THENCE CONTINUING N 00"54'41" E AND ALONG THE WESTERLY LINE OF SAID BOOIC. 234 PAGE 36, 293.36 FEET TO A POINT THAT LIES 269.29 FEET MORE OR. LESS SOUI'H OF THE SOU'raERLY RIGHT-OF-WAY LINE OF WEST UNION AVENliE; THENCE N 89°42'03" WAND PARALLEL WITH THE NOR'IHERLY LINE OF THE S~~ OF SAID SEcnON 9, 83.49 FEET TO A POINT ON THE EASTERLY LINE OF THE PR.OPOSED CHANNEL OF THE SOUI'H PLATTE RIVER; THENCE ALONG A CUR.VE TO THE RIGHT AND THE BASTERL Y LINE OF SAID PROPOSED CHANNEL A."'l AB.C DISTANCE OF 27.87 FEET. SAID Ct.."R.VE HAVlNG A DELTA ANGLE OF 03°36'21" AND A RADIUS OF 442.84 FEET; THENCE S 13°15'2T WAND ALONG THE EASTERLY LINE OF SAID PROPOSED CHA."iNEL 240.00 FEST TO A POINT ON THE NOR.THERL Y LINE OF THE PROPOSED CHANNEL OF BIG DRY C1lEEX; THENCE S 76°44'33" EA.'«> ALONG SAID NOR.nlERL Y Ln.c QI SAID PR.OPOSED CHANNEL 143.21 PEET THE TR.UE POINT OF BEGINNING. CONTAINJNG 31,316 FEET Oil 0. 719 ACRES. , .... aa, ..... COUNCIL COMMUNICATION Date Agendaltem Sul,fed Amendment to Tide 1 Regarding April 7, 2003 11 a ii Public Notice INmATEDBY STAFF SOURCES Community Development Department Tricia Langon, Senior Planner Finance & Administrative Services· Citv Clerk's Office Lou EAis Citv derk COUNCIL GQAL AND PRMous COUNCIL ACTION No previous Council action has taken place regarding this matter. RECOMMENDED ACTION; Staff recommends that City Council approve the proposed amendment to Tttle 1 Administrative of the Englewood Municipal Code pertaining to public notices. BACKGROUND; City bodies authorized to hold public hearings indude City Council, Planning and Zoning Commission (Commission), Board of Adjustment and Appeals (Board) and the Englewood Liquor Licensing Authority. Occasionally other City departments or agencies conduct public hearings (i.e. Safety Services conducts annual hearings for public input on the distribution of grant money received by the Department). Unless otherwise allowed by Charter, Ordinance, or Statute, 1-10-2-6: Public Notice of the Englewood Municipal Code requires that notice of a public hearing be published at least fifteen (15) days prior to the hearing date. The notice is published once In the En,lewood Herald, the newspaper designated by Council as the official newspaper. The Englewood Herald publishes only once a week. Tide 16 (Zoning Regulations) permits notice of hearings before the Commission or Board to be published at least ten (10) days prior to the hearing. Likewise, by Colorado Statute, the publication requirement for public hearings before the Liquor Authority is at least ten (10) days prior to the hearing. City Council and other agencies that require public hearings adhere to the Tide 1 requirement of at least 15 days prior to the public hearing. QRQINANCE PROPOSAL: The proposed amendment reduces the minimum required number of days prior to a public hearing that a notice must be published. The proposed amendment follows: 1-10-2-6 : Public Notice If required, public notice of the date, time and place of the public heMing shall be given in the manner provided by the Charter, Statute or ordinance pursuant to which uld hearing is to be held. In the absence of the )py sgccfflc provisions 1191llillllly delineating the manner in which public notice is to be given, notice of the date, time, place and purpose of the hearing to be held shall be published once in that newspaper designated by City • t Council as the Oty's official newspaper not less than fiflae11 (15) IIIIJlgl days prior to the date of said hearing. In the event the public hearing Is postponed, notice shaR be given of the date, time and place to which the hearing has been postponed, either by causing further notice to be published, as above provided, or by publicly announcing at the date, time and place set in the original notice, of the hearing's postponement, of the new date, time and place when and where the postponed hearing shall be held. ANALY$1S; The proposed amendment reduces the required number of days prior to a hearing that a notice must be published from fifteen to ten days. Regular Council meetlnp occur twice a month and It Is not possible to meet the fifteen day requirement within the fourteen days typically between Council meetings. Therefore all Council business that requires a public hearing Is delayed one additional meeting. The ten day notice provides adequate public notification of an upcoming public hearing and is intended to: 1. Manage City business In a timelier manner. 2. Shorten the development application process. AJ recently noted by the AHlance for Commerce In Englewood, the time It take$ to complete development procedures is costly and hinders development more than processing fees. 3. Keep issues in the forefront by permitting a public hearing to occur at the next scheduled Council meeting rather than one month following First Reading. and 4. Expedite adoption of emergency ordinances, when needed. Staff has discussed this proposed amendment with the City Cleii< as wel as representallves of Safety. Services and the Utility Department, who endorse this proposal. Please see the attached E-mal from City derlc Ellis supporting this proposal. ANANQAL IMPAQ; No financial impacts are identified. YSX QE ATTACHMENTS; E-Mail : Lou Ellis Bill for Ordinance Tricia Langon From: 51,nt: To: Subject: ----Original Message-- From: Lou Ellis Lou Ellis Monday, March 24, 2003 1 :26 PM Tricia Langon; Nancy Reid FW: EMC 1-10-2-6 Public Hearing Notice tlmeframe Sent: Monday, March 24, 2003 1:18 PM To: Trtdl Langon Cc Nancy Reid Subject: EMC 1-10-2-6 NJllc Helr1ng Notice tlmefrWN I understand you are proposing a change to EMC 1-10-2-6, which would shorten the publication of the public hearing notice from 15 days prior to the public hearing to 10 days prior to the publlc hearing. I am not aware of anything this would Impact negatively. There have been situations where the shortened tinelrame would have allowed the Issue to be handled in a more timely manner. The Code allows for situations where spe<:lfk: provisions would override this requirement, which would be the case for various types of Liquor Licensing public ~-So, I feel this would be a very poeltlve change. ORDINANCE NO. SERIES OF 2003 BY AUTHORITY • COUNCIL MEMBER ____ _ AN ORDINANCE AMENDING TITLE 1, CHAPTER 10, SECTION 2, PARAGRAPH 6, OF THE ENGLEWOOD MUNICIPAL CODE 2000 PERTAINING TO PUBLIC NOTICES. WHEREAS, City bodies authorized to bold public beuinp include City Council, Planning and Zoning Commission, Board of Adjustment and Appeals and the Englewood Liquor Licensing Authority; and W!-IBF.L.\S, unless otherwise allowed by Charter, Ordinance, or Statute, public notice under the Englewood Municipal Code requires that notice of a public bearing be published at least fifteen (IS) days prior to the bearing date; and WHEREAS, notice is published once in the Englewood Herald, the newspaper designated by City Council u the official newspaper, which paper ii published only oacc a week; and WHEREAS, Tide 16, Zoning Regulations, permits notice ofbeuinp before the Planning and Zoning Commission or Board of Adjllllmcllt and Appeals to be publisbed at least ten (10) days prior to the bearing; and WHEREAS, by Colorado Statute, the publication requirement for public bearinp before the Liquor Authority is at least ten ( 10) dayl prior to the bearing; and WHEREAS, City Council feels the publication requirements should ape for Ill City bodies . ...-------N-OW........,. THEREFORE, BE IT ORDAINED BY 11IE CITY COUN~F 11IE CITY J ~ THE CITY PF ENGLEWOOD, COLORADO, THAT: - ~i.2D...l-City Council of the City ofEn&Jewood hereby amcnda Title 1, Chapter 10, Section 2, Paragraph 6, Publi~ Notice, of the En&Jcwood Municipal Code 2000 to read u follows : 1-10-2-6: Publk Notice. If required , public notice of the date, time and place of the public bcarina llhall be aivcn in the manner provided by the Charter, Statute or ordinance pursuant to which said bearing is to be held. In the absence oftllt lPY IPSl?fls provision .,eeifillllJ delimarin1 the manner in which public notice is to be aivcn. nocice of the date, time, place and purpose of the bcarin& to be held llhall be publilbed OIICC in tbat DCMpapll' deaipated by City Council u the City's official newspaper not lea drm IAI• (II) IIILilA) days prior to the date of said bcarin1. In the event the public bearina is poetponed, nocice aball be given of the date, time and place to which the bearina bu been poetponed, eida by causina further notice to be published, u above provided, or by publicly amauncina a& the date, time and place set in the oripial nouce, oftbe bcariq'a poatpmm IN, ofllle new date, time and place when and where Ille poetponed llem'ina aball be beld. t .. .· " • • • Sectiop 2, Safety Ollm Tbe City Council hereby finds, detsmines, and doclara dl8I this Ordinance ii promulpled under the general police paws of the City ofl!npwood, tblt it is promulpted for the beahb, ufety, and welfare of the public, and 1bat this Ordimnce ii aeceuary for the preservation of health and ufety and for the pn,tectiaa of public C01M11UC111CO and welfare . The City Council further determines tblt tbe Ordimnce bean a ralionll matian to tbe proper legislative object souaht to be obwned. Section 3, Seyegbility, If any claule, IClldeace, perqraph, or pllt of this Ordinance or tbe application thereof to any penon or c:in:umllancea sball for any rea,a be adjudpd by a court of competent juritclictiaa invalid, IUcb judplml sball not affect. impair or invalidale tbe remainder of this Ordinance or it applic:ltion to other peno111 or circumltanca. Sectiop 4, !ooomifm! Qnliresm All other Ordiaancel or partiom ...C incamilCeat or conflicting wi1h this Ordinance or any portion hereof are hereby repealed to tbe extenl of such inconailtency or conflict. Sectiop 5, Effect of repeal qr JJJPdifiseSi1m Tbe npcal or modiflcatioa of any provilion oftbe Code oftbe City of P.qlewood by dais Ordinance lball not~ atiDpilb, alts, modify, or cbanp in whole or in pat any pmalty, forfeiture, or liability, eitbs civil or criminal, which sball have been incunecl under IUcb pnmaion, md eacb pRMlicm lball be trNled and held as still remainina in force for tbe purpcllC:I of ••inina any al all proper aclioaa, IUita, procttdinp, and proaecutioas for tbe caftRemml oftbe pmalty, bfeilure, or liability, u well u for tbe purpme of ••inina any jndp,MI, decree, or arder wllicb ca or may be rendered, entered, or made in such 11Ctiaa1, 1Uita, .-a cadinp, or pnlllCUlica. Section 6, bDlllL Tbe Pmalty Proviaicm of Sec:aan 1-1-1 EMC sball apply to each and every violation of this Ordinance. Introduced, read in full, and puaed CID finl nadiq Gil tbe .,. day of April, 2003. Published u a Bill for an Ordinance an tbe 11 • day of April, 2003. Beverly J. Brldlbaw, Mayor Attest: Loucrishia A. Ellis, City Clerk I, Loucriabia A. Ellil, City Clerk a tbe City of l!apwood. Colando, llawby certify the above and foreaoina ii a tnae copy ol a Bill for• Ontilwe, illndlad, read ill full and passed on tint readina on tbe .,. day of April, 2003. FOR YOUR CONSIDERATION Council BIii 28 Public Notice requirements for public hearings Brought forth by City Clerk and CD An Amendment to: Title 1-10-2-6: Public Notice of the EMC RECOMMENDED ACTION • Staff recommends CC approve the proposed amendment to Title 1 RE Public notice as shown in Bill for Ord. to shorten from 15 to 1 o the number of days prior a PH that notice of that hearing must be published CURRENTLY Title 1 requires notice of Public Hearing to be published at least 15 days prior to PH UNLESS allowed otherwise by Ordinance or Statute otherwise Because ELLA P&Z BOA allow 10 days This amendment affects CC and any other agency required to hold PH = 15 days SUMMARY Eng Herald publishes only once per week Council meets twice monthly Not possible to fit 15 day requirement into the 14 days typically between meetings Therefore PH is forced to be set a month after the issue is hear at 151 reading AMENDMENT • Keepa , .. .,.. In the forefront by permitting a public hearing to occur at the next scheduled Council meeting rather than one month following First Reading • Manages City business In • timelier 11111nner. • Shorten• the development application procea. As racantty noted by the Alliance for Commerce in Englewood, the time it takM to complete development procedures is costly and hindefa development more than proceaaing fNa. QUESTIONS t .. : . • • 1. 2. 3. ·• • Call to order '7; .3t7p.m. Invocation~, J./,, ~ Pledge of Allegiance~ 4. Roll call Members: ... Moore \...__.~--) . \ ':.1· .. .:., ' ... .... ... :, . ., ,, -._ .;, l ".t· •. ' I))~ ablent 5 .. CC 3)m'~inutes ~,,.o-r r#J moved {ffl M~ ~ ·- ' ... ,• •· • • t • ·• ' -- • • ·• . . ' j • • • • i . ' ·• ' • • -~ . : . . 0 :, • . . 1. Call to order. AGENDA FOR THE REGULAR MEmNG OF THE ENGLEWOOD CITY COUNCIL MONDAY, APRIL 7, 2003 7:30P.M. Englewood Civic Center -Council Chambers 1000 Englewood Paricway Englewood, CO 80110 2. Invocation. I}~ 3. PledgeofAllegiance. ~ 4. Roll Call. aiJ '1-~. 5. Minutes. fJBl}(-} a. Minutes from the Re~r City Council Meeting of March 17, 2003~/t_,;, -r, &'-o --1 c A,K(flJJ: ~tJL !/-.r-- 6. Scheduled Visitors. (Please Ii your presentation to ten minutes.) a. Mark Brady, Exalted Ruler of the Englewood Elks Lodge 2122, wlH be present to pay tribute to the Elks' Englewood Citizen of the Year; Englewood Areflghter of the I d/Mff //rear; and En'iJew_°:!J°'~the v~ ~-~1S:';;.~ yUr p:~sentation to five minutes.) 8. Communications, Proclamations, and Appointments. ~ ... l A proclamation declaring the week of April 27 Egh ~. 2003 as Days of CY O{JfJfl' IJ-ORemembrance for Victims of the Holoaust !lffJ')~ A1>odamation-gCoom~;*"~~~- 9 . Publ~ Sd>O<Nled) -f&lii]" rte.. no1r. If,-._.•......,_. ... _.., .W. •---. ........ CllrellT11(ll•tt1sM1• (303-762-2485) al .... • ...... ._. ...................... ,.. • • Englewood City Council Agenda April 7, 2003 Page2 \.,..:::XMIUW ..... ~~"""'-" Recommendation from the Community Development Departm to adopt a bill for an ordinance authorizing the execution of four Intergovernmental Subgrantee Agreements between the City of Englewood and the Arapahoe County Commissioners for the 2003 Community Development Block Grant Program. STAFF SOURCE: Janet Grimmett, Housing Finance Specialist. ii. Council Bill No. 26 Recommendation from the Department of Finance and L."1:JlnmrristrlllMeeSeivfices to adopt a bill for an ordinance creating the City of Englewood Housing Rehabilitation Enterprise Fund. STAFF SOURCE: Frank Gryglewic:z, Director of Finance and Administrative Semc:es. b. Approval of Ordinances on Second Reading. Council Bill No. 20, approving an Intergovernmental Agreement with the Colorado Department of Transportation authorizing a Contractor Adjusted Utility Agreement to facilitate traffic signal improvements at Belleview and Clarkson. Council Bill No. 21, approving Supplement #155 to the Connector's Agreement with Southgate Sanitation District. mJJ-hl iii. Council Bill No. 23, approving City Ditch License Agreements with Ensor, Wildacre, and Green Valley Turf Co. Council Bill No. 24, approving an Intergovernmental Agreement with the Urban Drainage and Rood Control District for construction of Big Dry Creek Improvements at the Allen Water Treatment Plant iv. ())J~-2Z- c. Resolutions and Motions. Regular Agenda. a. ~pproval of Ordinances on First Reading. I-\ Council Bill No. 27 -Recommendation from the Safety Services Department d n.,....,v to adopt a bill for an ordinance authorizing an agreement between the Fire ' I Departments involved in the Metro Fire Training Academy and South Suburban Park District allowing an easement on Metro Fire T~ Academy property for a bike ~ay. ~AJ'-S0UR_.9=/!-~ Director of Safety Semces. ~ ~ Pie.-Mir. If yo11 .... ......, .... ..a.y ..................... a,.,, ' •.• (303-762•2415) II ............. .__ .................. 1lissll,-. ' • • Englewood City Council Agenda April 7, 2003 Pagel ii. Council Bill No. 28 • Recommendation from the Community Development Department to adopt a bill for an ordinance amending the Englewood f) ,_,o Municipal Code to reduce the number of days J>ri?r to a public hearing that '/ a notice must be published. STAFF /'t!iRJ! ~~~ Senior Planner and Lou Bis, City Oerk. ~: ,vr,p Y _ b. Approval of Ordinances on Second Reading. C Re,,,f ,nd M,,tlo,0> 12. General Discussion. a. Mayor's Choice. b. Council Members' Choice. 13. City Manager's Report. 14. City Attorney's Report. ,,, .... p....1 Adjournment ~ : ~-' f The following minutes were transmitted to 0ty Council between March 13 and April 3, 2003: Englewood Board of Adjustment and Appeals meetings of December 11, 2002 and January 8, 2003 Keep Englewood Beautiful meeting of February 11, 2003 • Alliance for Commerce in Englewood meeting of February 13; 2003 Englewood Transportation Advisory Committee meeting of February 13, 2003 • Englewood Planning and Zoning Commission meeting of February 2S, 2003 Plew--= .,,..._. • ......,_._....._, ..... ..._ ...... _. .. aa,.,, C ... (llJ.76N415)al ......................................... ,...