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HomeMy WebLinkAbout2003-04-21 (Regular) Meeting Agenda Packet- I .. .... , ... •, " • ·• • • .. · ....... ,. I • . . ., . ·~· · .... • ' . . .. ... ~ • • .. ;. I::,,., t • .... .... i· •. ~ .. ·i ., ... .. .-... ~ ··: •·' .•. . -:" •. ~:'. -~: ....... __ .... •• 1' '\. ... :· ...... ""· ... ·-~~-. · . . . . ,__ .......... \,' . Regular City Council Meeting April 21, 2003 ORD/I 4 J/.~,/3, 34, 35, 36, 37, 38, 39 RESO # 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53 ) • -··~ \.~~-· J . \ ':£ • ' / .. . . ·.·· •• ... . .. ' • · .. • . "' \, • "' .. I ' ' I ' e • • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO ReplarSeallon AprU 21, 2003 I. Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Bradshaw at 7:35 p.m. 2. Invocation The invocation was given by Council Member Nabholz.. 3. Pledp of Allepmce The Pledge of Allegiance was led by Mayor Bradshaw . 4 . RoUCaU Present: Absent : A quorum was present. Also present: S. Minutes Council Members Nabholz., Moore, Grazulis, Garrett, Wolosyn, Bradshaw Council Member Yun:hick City Manager Sears City Attorney Broczman Assistant City Manager Flaherty City Clerk Ellis Director Ingle, lnformalion TechnoloaY Senior Planner Lanp. Community Development Director Olson, Safety Services Director Fonda. Utilities Director Kahm, Capital Projects (a) COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF APRIL 7, al. Mayor Bradshaw asked if there was any discussion . There was none . Vote results: Ayes : Nays: Absent : Motion carried. 6. Scheduled Vlllton There were no sc heduled vi itors . Council Members Nabholz., Moore, GarTett, Wolosyn, Oruulis, Bradshaw None Council Member Yun:hick Eqlewood City Council April 21, 2003 Pqe2 7. Unsdleduled Visitors There were no unscheduled visitors. 8. Communications, Proclanmtlons and Appointments (a) A proclamation declaring April as Fair Housing Month was considered. COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DECLARING APRIL AS FAIR HOUSING MONTH. Ayes: Nays : Absent : Motion carried . Council Members Nabholz. Moore, Garrell, Wolosyn, Grazulis, Bradshaw None Council Member Yurchick (b) A proclamation recognizing Arbor Day was considered. COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION RECOGNIZING ARBOR DAY. Motion carried. Ayes: Council Members Nabholz, Moore. Garrett, Wolosyn, Grazulis, Bradshaw Nays: None Absent: Council Member Yurchick (c) A proclamation honoring Project IBIS Team members was considered. Director Ingle said that normally it would be very hard to get nine very bumble staff members in here on a Council night, but most of these folks arc actually working right now, on the very project that they arc going to be honored for. and I think that really speaks to the dedication that this team bu bad. The proclamation before Council is a proclamation recognizing the tremendous efforts of the eleven people that arc !isled. Many, many other people have contributed to this project in big, and maybe more moderate ways. bul this has really been an exceptional team effort. It has not been my experience, in fact, that differen1 depanmenlS get along as well. II is very unusual, I think. for that 10 occur in some organizations. I think i1 speaks to the collaborative nature of this organization. he said . We have done a lot of comparison over the term of this project to other initiatives, talking about capital coslS and different thinp, but I think the one most telling part of this project that's unique, is that most organizations takin& on such a bi& effort, hire a huge number of backfill staff to allow the team members to do their utmost on the project so that the regular work gets done . We did not hire a single ouiside person 10 come in ... these folks did their normal work in addition to undertaking this huge effort . I estimated, among these people, that at least five to six thousand hours of addi1ional work went into this project beyond the normal 40-hour work week. And. he no1ed. that will continue. because, not only arc we live right now but as with normal system implementations, there is a lot of fine tuning that goes on . This is 11oing to go on for quite a while, so we really appreciale 1ha1 Council is taking the time to acknowledge the incredible efforts of this very dedicated group . Thank you, he said . COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION HONORING PROJECT IBIS TEAM MEMBERS. Ayes : Council Members Nabholz, Moore. Garrell, Wolosyn. Grazulis. Bradshaw Nays : None • • Enalewood City CouncU April 21, 2003 Pqe3 Absent: Motion carried. Council Member Yurchick Mayor Bradshaw asked the following people to come forward and be recognized. She thanked each one and offered appreciation for everything they have done. She presented each person with a certificate. Andrea Aragon Kerry Bush Steve Dazzio Kim Finley Kathy Kassy Karen Leadens James Parker Elizabeth Wenegieme Carol Wescoat [Clerk's note : Tony Edwards and Jennifer Nolan were recognized in the proclamation, but they were not present.) (d) An e-mail from Janet Berens indicating her resignation from Keep Englewood Beautiful was considered . Council Member Nabholz said this woman has done so much during her years of serving on Keep Englewood Beautiful. As she put in her letter ... from getting plants, flower and vegetable seeds, to adopting a bus stop in front of her house. She was always there and she overcame some serious difficulties and obstacles in our Community Room with her hearing problems. We had to work on this, Ms . Nabholz said, but I don't think it ever was suitable. as she stated in her letter. So I think it is something we need to take a look at for future members that possibly have hearing difficulties. We need to make sure that when we put someone on a board or commission that we have a room where they can hear. She was an absolute asset to this Commission. Mayor Bradshaw agreed. COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO ACCEPI' WITH REGRET THE RESIGNATION OF JANET BERENS FROM KEEP ENGLEWOOD BEAUTIFUL Motion carried. Ayes: Council Members Nabholz. Moore, Gamm, Wolosyn, Grazulis, Bradshaw Nays: None Absent: Council Member Yurchick 9 . Public: Hearin& (a) Mayor Bradshaw advised that this Public Hearing is being held to gather input on Council Bill No. 10. pertaining to inoperable vehicles. COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO OPEN TIIE PUBLIC HEARING TO GATHER INPUT ON COUNCIL BILL NO. 10, PERTAINING TO INOPERABLE VEHICLES. Ayes : Council Members Nabholz, Moore. Garren, Wolosyn, Grazulis. Bradshaw Nays : None Absent: Council Member Yurchick Motio n carried and the Public Hearing opened. Mayor Bradshaw presented 10 the City Clerk, Proof of Publication that nocice of the public hearing was published in the Englewood Herald on March 7, 2003 . • t .. • • Englewood City Council April 21, 2003 Page4 City Attorney Brotzman said the Code Enforcement staff originally indicated a problem with the Code regarding derelict vehicles and hobby vehicles. That matter was forwarded to the Code Enforcement Advisory Committee who recommended to City Council to leave the Code as it is. The matter then proceeded to Council. Council felt otherwise and wanted the issues addressed ... as inoperable vehicles rather than as derelict and hobby. That matter was sent back to the Code Enforcement Advisory Committee, he said, and I worked with them on a draft of the Ordinance. They graciously helped me through the ordinance process, working to try to make the legalese practical as much as we could. That matter was then forwarded back to City Council to a Study Session, again with the recommendation to leave the Code as it currently stands. This matter was then read on first reading and it is now before Council on Public Hearing. Mayor Bradshaw noted that Council would not be making a decision this evening. This hearing is for public input. All witnesses were duly sworn. Don Roth, 2830 South Sherman Street, said my first reaction when I read this ... ! have to admit ... was who on Council sells fences? This Ordinance is going to encourage more privacy fences. I have been down plenty of alleys doing litter surveys for Keep Englewood Beautiful . If you have ever been down an alley where there arc nothing but solid privacy fences, all the way down the alley, it is actually quite startling. This ordinance would encourage that. Then I thought that maybe Council doesn't understand the thinking of people who have those vehicles. Personally, I have two vehicles that ... like my dogs ... they have no license. They never jump the fence, they don't bark at the neighbors, they have never attacked the mailman, and they sit quietly . One of them is a true classic vehicle. I bought it when I wu 19 years old, I drove it for quite a few years and eventually it got to the point where it needed fairly expensive repairs. but by that time, I was married with children. So with other priorities. it got parked. It is still parked as I am paying for college, but, hopefully, in a couple of years when that is done, I will be able to afford to bring it back out and start working on it again. I have another vehicle that I inherited from my father when he passed away. I really didn't have a particular use for it 4\1 the time, but I felt obligated bcc8UIC he felt strongly about it . I Lliought that perhaps I should hang on to it. As it turned out. it was an advantaae for my mother. We put it at her house. She pays for comprehensive insurance. It costs her $30.00 a year or something like that and it gives her a multi-car discount, which reduces her car insurance by over $200.00 a year. He pointed out that $200.00 to a person on a fixed income is not small change. Like I said, I think it is encouraging the wrong things . We looked at this during my tenure on Code Enforcement ... we looked at this issue a number of times and as you noted, Code Enforcement still agrees that the current ordinance is perfectly adequate, assuming it is enforced. And therein lies part of the problem. The current ordinance is not being enforced. I'm not sure how a more stringent one is going to solve the problem. I'm not blaming Code Enforcement for this. I have a neighbor who has three cars under cover in his yard . He has been to coun and he sti II ha s three cars under cover in his yard . He has a couple of trucks that obviously aren ·1 licensed and they arc still sitting there 100. So the inability to enforce the current one doesn't really bode well for a new, more stringent one. I just can't quite see the logic in ii, he said . The current ordinance says you can only keep one vehicle . I think that is reasonable. It has to be on an impervious surface . Well, that keeps the weeds from growing up around it. so that makes sense. It has 10 be covered . I never quite understood that one, but I'm guessing that probably was part of the original ordinance. bcc8UIC it really doesn't accomplish anything. If you drive down my alley, there is at least a dozen can that are licensed . parked up and down the alley. in their driveways and the streets are covered with vehicle,, IO I'm not quite sure what covering these vehicles accomplishes. All in all, he said. I think the currenl ordinance addresses the issue s. if they were 10 be enforced . Mayor Bradshaw thanked Mr. Roth . ' • • 0 Englewood City Council April 21, 2003 PqeS ~ ~ Don Seymour, 4750 South Lipan, said the tree huggers and the environmentalists got on me last lime because I talked so long that I used up so much paper when you reprinted the minutes, so if you all read il, you already know where I stand on this. I have three points, I guess, and two of them tie together. Or four points. First off, you are bringing out the Libertarian in me. It's my property; let me do what I want. I have been in this house for over 30 years and have been in the neighborhood for over 40 years. I understand cars that look like a junk heap ... with many different colors of paint and flat tires. I understand that. But you call this ordinance inoperable vehicles? My vehicle, that I have tarped, has less than 500 miles on the engine. It is very operable. All the tires are up and it is the same color all over, the whole bit . I collect cars, what can I say. Now there are those probably here tonight, that think that doesn't fit under residence. Well, residence is where you live and it's where you do what you do. It is where you do your hobbies. If I collected silver spoons or plates, would I have to have them licensed and insured? I think not. Why do I have to have my cars licensed and insured if they are in good looking shape? Speaking of good looking shape ... and we assume that is the purpose of the ordinance ... there is, in my neighborhood, a very nice looking Jaguar sedan that probably cost more than some of the houses around. I don't think it has a license plate on it. That is an inoperable vehicle and it certainly doesn't look unsightly. It looks better than any car in the neighborhood. What difference does it make whether it has a license on it? Why is the City doing this? Are you getting a kick back on the license? You would like to, he said, but I don't think you are. Maybe you are. Or the insurance. What is this issue with the license and insurance'! Why do you call il inoperable when these vehicles are operable? We are just collectors and we like to have them. Like lhe other gentleman, I have another one hidden away. that I have had since 1958, when it was 30 years old. It is a Model A Roadster pickup. It is an antique. I've had it, I keep it and it, again, has a rebuilt engine in il and runs fine. No problem with it. Why do I have to keep it hidden? Now we come to the last point. .. putting it in the backyard. Well actually it looks better in the front driveway tucked up among some phitzers on the concrete. than it would in the middle of my backyard in with my flowering treeli and all. Plus, if I put it in my backyard, behind a solid fence. why do I have to have it covered? And if I do have it covered, why does it have to be a fitted cover? Has someone got stock in fitted car covers? I have invited all of you to come look al mine. nicely sitting out there in a green tarp. Green tarp, hospital comers around the rear, in al the front. over the windshield. You couldn't get your Christmas presents much more nicely tied up than this. Why a fitted cover? And why a cover at all if it is behind a board fence? And what have you got against cars thal look good, just because they don't have a license? The real exception I take is the inoperable vehicle. I think that is about it. I invite any of you to come by and look at my green package in the front there , which you can only see i f you drive right by ii. Thank you for listening, he said . Mayor Bradshaw thanked Mr. Seymour. Tricia Langon. Senior Planner wilh the Department of Community Development, said the department would like lo provide Council with some insighl on some compalibilily issues between Title 15, the proposed amendmenls, and Tille 16, the a>ning Ordinance. I have just lhree quick points. The first two are regarding definition. The fir st one is the definilion of carport. We have had an established definition of carport wi 1hin lhe Zoning Ordinance and thal definition is "a s pace for housing or storage of motOr vehicles and enclosed , o n nor more than two sides. by walls." Under the proposed Title 15 amendments that definitio n is "a s truc ture with a roof, but lacking a side wall ." Just so there are no questions of int erpretatio n, s he sa id , th is proposed definition in Title 15 , could suggest that someone could have a carport with up 10 three walls. Just as a recommendation to establish consistency and to avoid confusion, we would recommend that Council consider adopting the same definition as the one within the Zonin1 Ordinance. The second definiuon is for hard surface. Title 16 currently requires that off-streeC parkin1 spaces require a hard surface that is paved with asphalt, concrete or brick pavers. That requiremelll for parking is goi ng to be retained in the UOC. She advised that gravel surfaces are not being propoe;ed as acceptable surfaces for parking or for vehicle storage. I realize that this is storage. not parking, she said, bur I think 1ha1 the same principals apply here . Gravel is I difficult surface to maintain, it can be easily moved and removed, weeds can grow through it and, from an environmental standpoint, it is pervious to fluids and. if inoperable ve hi c le should leak , that could create a potential environmental hazard. The other point I would JUSI hke 10 mention. is that in the res idential district requirements ... point A I states that no ' • • Englewood City Council April 21, 2003 Page6 inoperable vehicle shall be stored within the front yard setback. Front yard setback, she said, is a combination of terms and we are actually clearing this up in the UDC. A front setback is one thing ... a front yard is something else. Combining the terms as they are here can lead to confusion. I believe the intent would probably be to not have inoperable vehicles within the front yard . That would be the area from the front of the structure to front property line. We appreciate the opportunity to bring these insight~ to you and we applaud the committee's work and we ask that Council consider these consistency and compatibility issues. Thank you, she said . Rob Carlston, 32 I 8 South Pennsylvania Street, said this is the first time I have officially addressed City Council. Normally I wouldn't speak in front of the City Council, but, honestly, I thought there might be some kind of repercussions with Code Enforcement. I am a car collector. I have very valuable cars ... they arc very old cars. One of my vehicles that sold for $6,000.00 brand new, is now worth over $25,000.00. And that is just one vehicle . I have over $100,000.00 worth of vehicles . They arc all licensed and they are all parked around the house. I have a few pictures I would like to pass around, he said. These arc pictures I took today. The first set of pictures is of what I would call a derelict vehicle. It sits two blocks from my house ... one block from Swedish Hospital. .. right out in the main front yard of a house on Clarkson Street. It is a Cadillac ... or was a Cadillac. The second set of pictures shows a Ford Bronco that has been rolled over and it has been sitting in front of Goodyear's parking for over five years. I have lived in Englewood for over six years, he said, and it has never had a cover on it. They have probably never been harassed by the Code Enforcement people to put a cover on it. They arc a business, he said, and I don't understand why a private taxpayer has to pay to put covers on their cars, but a rolled over vehicle, with flat tires, doesn't have to have that . And they haven't had to cover it for five years. The next set of pictures is of another automotive business down on Broadway, called Blazer Automotive. In this photograph that was taken this afternoon, it looks like they have approximately 30 inoperable vehicles in their backyard. I took the pictures directly through the fence . Mayor Bradshaw asked if that was the one right by Aood Middle School. Mr. Carlston said yes. Mr. Carlston said the other pictures I have arc just miscellaneous pictures . There is a pickup that is barely covered. but yet I have received warnings and notices about my vehicle when a cover is blown off because of strong winds or a storm. Obviously, he pointed out. this cover doesn't even fit over a fourth of the vehicle . There is a picture of a race car hauler with no front license plate, which is a violation of City and State codes. Plus it has a car on the back with a trailer underneath. There is a picture of a car trailer a half a block away from the Englewood police station, with no vehicle attached to it, which is against the City code. Herc, he said, is another vehicle ... a irailer that has been sitting on Broadway for about three years with no cover on it. He noted that all of these pictures were taken within ten or fifteen minutes of driving around . I could probably find hundreds of violations, he said . Herc is another vehicle where there is" camper. a boat, a trailer, a camper shell and an ATV , plus a dog house ... all in the yard. Like I said, I have numerous pictures. I have also included a picture of one of two of my classics to show the difference between a classic vehicle and a derelict vehicle ... which is that Cadillac. It is obvious and don't you all agree, when yo u see th ose pi ctures. that the blue Cadillac is a derelict vehicle? Would you like that sitting next d oor to yo ur house ? Or if that was s itting a block away and nothing was done with it and you were constantly getting notice s because yo ur neighbor doesn't happen to agree with your philosophy and you keep having a conflic t with your neighbor. And your neighbor keeps calling zoning on you. Zoning comes o ut and keeps harassing yo u, while that vehicle sits two blocks away untouched. How would you feel if that happened time and time again ? Then you want to pass even more ordinances, he said. We will build a s ix or an eight foot fence if you want . We could put up a four-car garage . We can do whatever needs to be do ne . I could also retain an attorney , he said, if that is what it takes . I don't think it needs to go that far. bec ause I am an Englewood taxpayer, a homeowner and I love living in Englewood, but this needs to be addressed . You peo ple are all public o fficial s ... elected by the public . There arc a lot of car lovers out there and a lot o f or6anizations and they arc also taxpayers and voters and they arc very politically or ientated peo ple . We arc all taxpayers, we are all adults. Before you start reaching conclusions on some peo ple. you sho uld as k all o f the peo ple and have a vote . If you are going to pass an ordinance like this, it sho uld go before all o f the c itizens of Englewood for a vote. Make it a true vote of the people and see if the .. ' .· .. .. • • Englewood City Council April 21, 2003 Pqe7 people want this change. If they don't, then maybe the current ordinance is fine and maybe you should enforce some of the current ordinances. Like some of the other people have said, the current ordinances arc not even being enforced. That Cadillac has been sitting out there with a broken windshield, no roof .. .it has been cut off ... and the doors arc hanging off the side, it has four flat tires and the license plates arc from 1994. It is right there on the street, ten feet from the sidewalk, right out in the front yard, in the 3200 block of South Clarkson Street. You can drive by there tonight. It is select enforcement. If someone docsn 't like you, they will call in. If they don't like a person, they can make an anonymous call and around come the zoning people. I realize there arc reasons for the zoning, I understand that. We don't want to have trash, litter and filth everywhere. But on the other hand, there arc two sides to every story. These last two pictures arc of two of my classics, he said. That 1959 Chrysler is valued at over $17,000.00 and it was $2,000.00 brand new . The same thing with the 1970 GTX ... it is worth over $20,000.00. I collect cars, it is my retirement fund . The stock market hasn't done so well . I haven't lost any money on my cars. You know what I mean? Before you pass an ordinance, he said, think about it. Put it to a vote, because there arc people that will find a way to change your vote, if that is what it takes. That is the good thing about America. People can speak out and if there arc enough people, they can change things. So, take note and be careful what you vote on. You don't want to vote the wrong way and you want to vote your feelings, but you also have .i responsibility to your constituents. That is why I am here speaking to you tonight. I appreciate your ti me. If you need the photographs for the record or whatever, you arc more than welcome to keep them. I have another set. Look at that blue Cadillac and think about how you would feel if that was your next door neighbor. That is a derelict vehicle. Look at some of those other vehicles. The one that was rolled over ... that is a derelict vehicle. All my cars arc licensed and registered and they cost me thousands of dollars a year for insurance, they cost me hundreds of dollars a year for license plates and they cost me thousands of dollars a year for outside storage on top of that . Plus my house payment is thousands of dollars a year as well . So, I think I have the right, by paying out all this money ... to maintain my propeny, to maintain my hobbies. It is such a gray area between derelict vehicles, inoperable vehicles and classic, collectable cars. It is not defined . You could get a flat tire on your way home, pull into your driveway and ... according to that ordinancc ... you could get a ticket for a derelict vehicle and possibly have your car seized and impounded and it might take you days to get it back because, in Englewood, when you get a car impounded, you have to set an appointment and arrange everything, so it is convenient with Code Enforcement, to get your vehicle out of the pound. And that could take days. But your fines nick up the minute they tow the car. Thank you very much, he said. Chris Hoagland, 3041 South Franklin Street, said I am a member of the Code Enforcement Advisory Committee and I just have one brief clarification to City Attorney Brotzman's comments. That is that this version of the inoperable vehicle ordinance is substantially different from anything that had been presented to the committee for discussion. We did distribute a copy of this ordinance to the committee members prior to last months meeting and it was on the agenda to discuss, but because of the snow storm, we didn't meet. So consequentially, he said, we did not offer a recommendation on this ordinance to the City Council . Mayor Bradshaw thanked Mr. ~oagland. Jeff Miller, 2130 Wes t Wesley, said I have a little more of the off-road type issues. I have a few cars that I race and you can't license or insure them . I move them in and out of the garage. I race stock cars and every once in a while, he said, they get wrecked so I have to get another one, to build another one. and take what I can to save them . I have many vehicles. I have classics and I have off-road vehicles that I can't afford to license every year but when I do license and insure them, I do use them. It is kind of selective, because it is a little expensive. When I got in trouble with Code Enforcement, I had to put them in storage, outdoor storage and they were vandalized ... pans were stolen off them and they were rca!!y ruined . !! !! !! hobby and real personal thing for me . I've had classics for years and have built cars since I was thineen years old. It is a real personal thing and I just feel like it is more of a financial deal . The off-road thing has c reated problems too. as far as vehicles that can't be licensed or insured and I like to build them. I'm building a pickup right now and I'm taking three vehicles to build one, so it is a little hard to work on it when I have to have them in s torage. It has hcen kind of a pain. But, you know, I spend my money here in • • Enpwood City Council April 21, 2003 Pqe8 Englewood, in the shops and stuff like that, and pay the taxes, and it kind of kills my hobby when I've got to store everything ... hide it. I try to keep everything covered and my yard straightened up, he said, because you've got to be considerate of your neighbors and think about them too. But that is kind of a hardship to try to enjoy this hobby . When you arc a collector, you don'tjUSI have one. you may have two or three . As a kid I had three cars in high school . My dad has been a collector and restored Model A's and things like that. That is all I have to say . It just kind of makes it difficult sometimes ... the off road pan and the inoperable stuff. You can't license everything and insure it, but when I do drive them I license them and insure th ,:m. Thank you, he said . Mayor Bradshaw thanked Mr. Miller. Ernest Alvarado said I live here in Englewood and I just have one comment. My dad has an old truck that he is restoring. I really don't know all the facts about it, whether it is licellled or not, I'm ROI sure. I don't believe it is insured. He has put a lot of money into it. just trying to fix it up. This ordinance may do a lot of damage to him as they arc on a fixed income. Like I said, he has an old truck he is trying to fix up. The only problem I have is with the insurance and license plate. If you show you arc putting a lot of money into the vehicle and you arc fixing it up, I really don't Wldcrstand why it has to be licensed or insured. But if you show proof, you know, he has already fixed the engine and the transmission and he is working on the body work. It is a 1950 pickup. It is an old truck and he is trying to restore it ... doing what he can, little by little . As far as getting it insured and licensed, I'm sure they can't afford that. Like I said, they have a truck and car alrady, but this truck is towards the back of the driveway, you can't even see it from the street . It is pretty much blocked in there. I jUSI wanted to mention that, u he is trying to fix it up, but I'm really ROI sure .. .I don't believe it is insured or has license plates. He has goCtcn a couple of bids on it. to get it fixed and he is working on the bodywork now. It docs run. he said, itjlllt doesn't have a license plate. That I'm ROI sure of ... but I'm pretty sure it is ROI insured. They really couldn't afford that right now, but he got a couple bids, trying to get it fixed up and restored. Like I said, I do q,ee with aomc of these folks here if they have classic cars, cars they would like to keep ... that they can't afford to drive them right now, but they arc putting money into restoring them. As long as it is out of sight and doesn't look bad, I don't sec what the problem is with them having those vehicles there, as Iona as it looks like they arc fixing them up . My dad's truck is runnina, he has put a lot of money in the tnnsmission and engine. It runs . He received a bid for $7,000.00 to do some bodywork . He is kind of looking around and at 77 it takes him a little time to look around. He was tryina to get better bids and gct some more of the work done. So other than that, I just wanted to mention that. with the imunnce and licenle platea, it is really kind of hard to do something ... to devote most of your money into gelling the vehicle fixed, if you arc putting money into insurance and license plates, and stuff like that. That is all I wanled to mention. Thank you, he said . Mayor Bradshaw asked if anyone else wished to address the Council on this issue. There was no one . Mayor Bradshaw said I have a question on Chapter 9, page 2. Ms . Langon said I may not be able to answer it , because we didn 't do any portion of this ordinance . Mayor Bradshaw said the thing is, if we arc talking about within the front yard under A I, wouldn't that also apply to A 2? Ms. Langon said yes. Mayor Bradshaw said I just think that if we arc looking at consistent definitions, wc need to start out with one . Mr . Brotzman said absolutely . Mayor Bradshaw asked if there were any other citizens wishing to address Council on this issue . There were none . Mayor Bradshaw said wc will take your comments under advisement. .. Enalcwood City Council April 21 , 2003 Pqe9 COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO CLOSE THE PUBLIC HEARING TO GATHER INPUT ON COUNCIL BILL N0.10, PERTAINING TO INOPERABLE VEHICLES. Ayes : Council Members Nabholz, Moore, Garren, Wolosyn, Grazulis, Bradshaw Nays: None Absent: Council Member Yurchick Motion carried and the Public Hearing closed. Mayor Bradshaw thanked everyone for coming and we have your names and addresses so we will let you know. Mayor Bradshaw asked if they wanted to have a Council discussion on this. If we arc going to discuss it , should we discuss it before these people leave? It was determined that Council would discuss the issue at this lime. Mayor Bradshaw said she was shocked to find out that it hadn't been back to Code Enforcement in this form. City Attorney Brotzman said let me explain that one. In this form, no, because Council made changes at their last Study Session. It then went, with thole changes being limited to one vehicle in the backyard, then there is a limitation on hours on the weekend that is still problematic, language wise. It then went to first reading. The meeting that was missed, was after first reading. So. they could have made recommendations. but the Committee could not have made any changes, since you already approved ii on first reading. Mayor Bradshaw said okay. Council Member Garrett said rm sorry. I missed that . Lcfs try that one more lime. There are one or two things they haven't discussed, which where those two items we changed in Study Session. City Attorney Brotzman said that is correct. Council Member Garrett said ocherwise they reco mmended this ordinance. City Attorney Brotzman said no . That is why you are having somewhat of a problem. Normally, what comes to Council is exactly what a committee has approved . In this case, their recommendation was to not change the Code . Council then made modifications to the last draft . Mayor Bradshaw said okay. Is there any other discussion? Council Member Moore said the pictures tonight were very helpful. and in fact. I think IOmc of the chanacs being proposed in thi s ordinance are intended to prevent some of those thinp 1h11 we saw in the pictures. Correct me if rm wrong. but the Cadillac without the doors. or a top, or wi-11 or everythina else .. .I think 1ha1 is permissible under our current rules . It was on a hard surface. it was in the front yard. Cuy Auorney Brotzman sa id it wasn 't covered. but if they coYCNid it. the .,.we, is ya. Council Member Moore 111id even today, before we So any further. what would stop 1h11 vehicle from si ttin g in the yard in that form today? City Auomey Brouman said they would have IO cover it . Council Member Moore said I am not talkina aboul under the propJICd rule. I am talltina about the ex isting la w today. If ii i in the driveway. docs it still have IO be licensed? Under today's law. •• • .t .. Enalewood City Council April 21, 2003 Pase 10 City Attorney Brotzman said no. That car could be in the front driveway, but it would require a tic-down canvas or other opaque cover . That is why this was drafted at Council's request ... to address that issue. But the answer is, he said, that blue car could be in the front yard if it was covered and on a hard surface. Council Member Moore said clearly we have some kind of enforcement issue already. Mayor Bradshaw said that is right ... so why change it if we can't enforce what we've got. ls that what you are thinking? Council Member Moore said I think that is a fair point. If we can't address that flagrant violation now, that would be one concern. I always wonder why those things happen to begin with, he said. City Attorney Brotzman said the answer is that if they covered that it could remain in the front yard. Under the proposed ordinance, you would actually have to cover it and put it in the b .. d,y ... -.l u». r,.;.;l .;;.-f.cc. Council Member Moore said I still think that is a fair objective. Even with that car next door to me covered, it still docs not make me feel good. Mayor Bradshaw said right. So how do we get that? Council Member Moore said I guess I'm not sure of the other cases presented, in terms of some of the classic car issues. This one individual mentioned that all of his vehicles are licensed, therefore, I was thinking they fit under our proposed rules. City Attorney Brotzman said his classic cars fit and they would actually be allowed under any ordinance that we had ... the proposed or current ordinance. Mayor Bradshaw said if he is being hassled under the current ordinance ... what is that about? City Attorney Brotzman said I don't know all the circumstances of the state of those cars, if they have engines or whatever . But, if your car runs and it is operable currently and it hu a liceme plate. then that doesn't fit under derelict and hobby. It would not fit under inoperable. Mayor Bradshaw said that's right, this is only about inoperable vehicles . City Attorney Brotzman said yes and the reason we chose inoperable was that the distinction between hobby and derelict is kind of in the eye of the beholder. Council Member Grazulis said I'm also the liaison for Code Enforcement and just to let you know that I have had a little problem, in my own mind, when people talk about classics. Like if you have a classic and you won 't be driving ii for a year, or whatever, so ii won't be actually licensed during that time, I've had a problem with not allowing that, because when you do take it to a storage area, they are damapd. Sometimes that is what they would fall back on financially . I always had a problem with breaking ii out and having the actual classic ... that is in the finished stage. as opposed lo something like that blue car. Mayor Bradshaw said that blue car is a classic even thought it is a mess . Ms. Grazulis said that is what I mean ... brcaking it out. I don't know how 10 do it, I just know )OU ,hould do it. Council Member Wolosyn said a citizen called me as she was conccmcd that ii really wouldn 't cover all classic cars . Sh ... had this concern that people could shuffle licenses around. I tried 10 explain that as long as the people arc within the bounds of the law , we can't do anything . Mayor Bradshaw said citizens have done that. 0 • Englewood City Council April 21, 2003 Pagell City Attorney Brotzman said you actually are not supposed to do that. Shifting license plates from one car to another, illegally, is actually addressed elsewhere. Ms. Wolosyn said, so it is not allowed any time? City Attorney Brotzman said that is right. Mayor Bradshaw said the problem, again, is enforcement. But I don't know, she said . What docs Council want todo? Council Member Wolosyn said I think the objective wc have is to have cleaner, safer streets. Mayor Bradshaw said that is right. And how do we get there? Ms. Wolosyn said I also have heard people sort of warn us that we may end up having huge garages. And we have to decide, she said . ls that what we want? I don't have any strong objections to what we arc doing. I sec it as a way to move towards cleaner, safer streets, she said. Council Member Moore said I think the large garages arc actually being addressed in the UDC. I, too, agree there is a balance here and l still think storage of derelict vehicles in the front yard is not to the City's advantage. So, we have to find a way to get closer to that right objective. Maybe we can't do it completely painlessly. I would like a chance to dissect tonight's comments, he said. Mayor Bradshaw said wc would not be making a decision tonight. Mr. Moore said he wouldn't mind coming back and exchanging additional views in a Study Session, if our schedule would permit that. Next week is completely booked. Mayor Bradshaw said maybe the first Study Session in May? Mr . Moore said I would like to suggest we, at least, get a Study Session in before we go to the next vote. Attorney Brotzman said the next scheduled vote is Mays•. unlCliS you postpone it by having a Study Session. Mayor Bradshaw said I don't know that there is a rush to get this legislation in. Council Member Nabholz said, speaking for myself, I personally am looking for consi11ency. To get the derelict vehicles out of the front yard, to go to a consistent color of tarp, so that wc don't have to see pictures like this, where there arc bits and pieces of cars, or trailers up in the front yard that arc noc hitched to a car. Some of this stuff has been here a long time, she said, so wc arc back to the enforcement issue . We make more regulations and more rules, condense them and put the~ into a pretty little package, but we arc still back to enforcement. I would also appreciate some more discussion between all of us as to exactly how this can be achieved, from every direction. Council Member Moore said I would also be interested .. .if we may hold on to the pictures for a little bit ... to have staff take a look at a few of these. and be able to comment on some of the cin:U11111anccs. mean. we don't have to have specifics. but you look at the blue car and say here is why it is permissible today or not . That would help give me a little fuller picture. he said . Council Member Garrett said I would like to summarize. This ordina;x:e, the new one. appears to do three things specifically . It moves things off the front yard, it means you can't have thinp in a carport. and if you do move it to the back, then there arc certain regulations that we have imposed based on how it looks m the back . Is that sort of a reasonable summary of what this does? City Attorney Brotzman said that is ,orrcct . . .. t .... • • EnaJewood City CouncU April 21, 2003 Pqel2 Council Member Garret said those arc all new items. Now it seems like when we have our discussion, he said, we should focus on those particular three issues . Council Member Moore said I would throw in a fourth ... when it can come out for a visit to the front yard. Council Member Garrett said we need to talk about it, because we do have issues regarding enforceability. Mayor Bradshaw said maybe we should ask Code Enforcement to take a serious look at those pictures, as Council Member Nabholz said. And, write them up. Let's use the laws we have and see if they will do something. C011ncil Member Moore asked how do businesses fit into this equation? City Attorney Brouman said there is currently no UDC definition of a non-R wne, meaning business and industrial zones. The big ell.emption in the business and industrial zones, is that if you have an occupation that docs work on cars, it is allowed, aa liccnsing and zoning iuuea, for thole busincues, should address it. So if you have auto salvage, obviously you arc allowed to have thae cars. Mayor Bradshaw pointed out that auto salvage has a particular disuict, northwest Englewood. City Anomey Brotzman said absolutely. But, Mayor Bradshaw said, I sec auto salvage going on on Broadway. Or. City Attorney Brouman said. if you have car repair. I don't know if that ii the~ or noc, but if you had a car repair business, the same would be true. Thal ii the bi1 cumplion to the bulinma and indusuial district. If you arc licellled to do that type of work. if you arc zoned properly in dlOlc ueu. then you don't have all these regulations. You simply have the zonin1 and licensina rqulaliom followi111 down upon you to rcplate that . Mayor Bradshaw asked if there was anything else. She asked if they needed to addraa collectors scparaacly? Attorney Brotzman said if you get into the plate iuuc. I would cncourqe you IIOl lO iely upo11 the Staac'1 determination as to what type of plates IOfflebody FIS· I don't dlink it ii aoina to be whal you desire on that . I think you want to address the type of cars you want to addrcu. he said. Not myina oa the County Clerk to do that for you. Mayor Bradshaw asked when Code Enforcement meets apin. Code Enforcement's meeting schedule was ditcuued. Due to scheduling problems. Council •arced to advise Code Enforcement o f the Study Sasion dilcllllion and invite them to attend . Mayor Bradshaw said let's go ahead and put thl~ n the May I~ a,eada on aecond iadifta. We can have a Study Session on thi on May 5•, at 6-1)0 P.M. in the Community Reon. Mayor Bradshaw asked if that sounded fair . Council Member Moore said dial__. ll)Od . Mayor Bradshaw thanked the 111zens for waitina . IO. C-.lA .... (a) Appro~al of Ord1n&IICQ on First Readln1 • • Enp:wood City Counc:11 April 21, 2003 Page 13 There were no items submitted for approval on first reading. COUNCIL MEMBER GARRE'M' MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (b) (I), (U), (W), (Iv) and (v) AND 10 (c) (I) ud (ll). (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO. 29, SERIES OF 2003 (COUNCIL BILL NO. 22, INTRODUCED BY COUNCIL MEMBER WOLOSYN) 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 A VENUE ON THE NORTH. WEST VASSAR A VENUE ON THE SOUTH, SOUTH TEJON STREET ON THE EAST AND SOUTH ZUNI STREET ON THE WEST, FOR AN ADDITIONAL SIX MONTHS . (ii) ORDINANCE NO. 30, SERIES OF 2003 (COUNCIL BILL NO. 25, INTRODUCED BY COUNCIL MEMBER GARRETT) AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF FOUR INTERGOVERNMENTAL SUBGRANTEE AGREEMENTS (CDBG) FOR THE YEAR 2003 BETWEEN THE ARAPAHOE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF ENGLEWOOD. COLORADO. (iii) ORDINANCE NO. 31. SERIES OF 2003 (COUNCIL BILL NO. 26, INTRODUCED BY COUNCIL MEMBER GARRETT) 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. (iv) ORDINANCE NO. 32, SERIES OF 2003 (COUNCIL BILL NO. 27, INTRODUCED BY MAYOR BRADSHAW) AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD. COLORADO. THE CITY OF LITTLETON, COLORADO. WEST METRO FIRE PROTECTION DISTRICT. LITTLETON FIRE PROTECTION DISTRICT, SOUTH METRO FIRE PROTECTION DISTRICT. AND SOUTH SUBURBAN PARK DISTRICT APPROVING A TEMPORARY EASEMENT ON METRO ARE TRAINING ACADEMY PROPERTY FOR THE COMPLETION OF A SEGMENT OF THE BIKE PATHWAY . (v) ORDINANCE NO. 33, SERIES OF 2003 (COUNCIL BILL NO. 28, INTRODUCED BY COUNCIL MEMBER WOLOSYN) AN ORDINANCE AMENDING TITLE I . CHAPTER 10, SECTION 2, PARAGRAPH 6. OF THE EN GLEWOOD MUNICIPAL CODE 2000 PERTAINING TO PUBLIC NOTICES . Vote results: Ayes: Council Members Nabholz. Moore, Oumt. Wololyn. Grazulis. Bradshaw Nays: None • • Eapewood City COUlldl April 21, 2003 .... , Absent: Motion carried. Council Member Yurchick (c) Resolutions and Motions (i) PURCHASE OF WATER METERS FROM MOUNTAIN STATES PIPE& SUPPLY IN THE AMOUNT OF $70,455.38 AND THE PURCHASE OF YOKES, VALVES AND Fl1TINOS FROM DANA KEPNER IN THE AMOUNT OF $6,237.65. (ii) OFFICE BUll.DINO. A CHANGE ORDER FOR THE RECREATION STORAGE/MAINTENANCE Mayor Bradshaw asked if there wu any di11C111Sion. There wu none. Mayor Bradshaw asked if anyone wished to pull an item. No one did . Vote1'811ha: Ayes: Nays: Absent : Motion carried . 11. lleplar A ..... Council Members Nabholz, Moore, Ganett, Wolollyn. Gruulia, Bradshaw None Council Member Yurchick (a) Approval of Ordinances on First Readina There were no items aubmitted for approval on first readina. (b) Approval of Ordinances on Second Readina There -,e no additional itema lllbmitted for approval on leCOlld readina. (See Apnda Item 10 • Comcm Agenda.) (c) Resolutions and Motions There were no additional resolutions or motions submitted for approval. (See Afenda Item 10. Consent Agenda.) 12. Gftfflll 0.-... (a) Mayor's Choice Mayor Bradshaw did IIOI have any matters to mna before Council. (b ) Council Members' Choice (i) Council Member Nabholz said Keep £nalewood Beauliful will be boldina tbeir 131h Annual Golf Toumamcn1 on Monday. June '16 . Council lllually pays for two founomea. Ille said. D1 sc u ion ensued . II wu determined tllll ii is in the budfct . Mayor Bradshaw II04ed we mipt have to cut back RCllt year~ perhapl. mm~. Enpwood City Coundl April 21, 2003 Papi! Council considered the cost of sponsoring two foursomes. Council agreed to sponsor two foursomes . (ii) COUNCIL MEMBER GARRE'IT MOVED, AND IT WAS SECONDED, TO APPROVE THE ESTIMATE OF EXPENSES FOR MAYOR BRADSHAW TO ATrEND THE ECONOMIC DEVELOPMENT ADMINISTRATION NATIONAL CONFERENCE 2003, WHERE THE CITY WILL BE RECEIVING THE FIRST PLACE AWARD FOR EXCELLENCE IN ECONOMIC DEVELOPMENT. Mayor Bradshaw said we were competing against Boston and Tucaon. We woo, she said, and that is amazing. It is for the CityCenter development. It i1 quite an honor and I appreciate you letting Gary Sean and I go on this trip for 36 hours . We are flying out the a• and we will fly back on the ,. to be here in time for the binhday party. Vote_...: Ayes: Absent: Abtltain : Motion carried. Council Memben Nabholz, Moore, Garrett. Wolosyn. Oruulis Council Member Yurchick Mayor Bradshaw (iii) Council Member Moore asked if the phocos were to be pven to City Manqer Sean to conduct a follow.up. City Manager Sears said we will do that. 13 . City Maapr'1 Report City Manager Sean did no1. have any matters to brina before Counc:il . 14 . City Atway'1 Report City Attorney Brotzman did not have any 11111ten to brin1 before Council. 15 . A~t HAW MOVED TO ADJOURN . The meetin1 adjourned at 8:42 p .m. -~ I AGENDA FOR THE REGULAR MEfflNG OF THE ENGLEWOOD CITY COUNCIL MONDAY, APRIL 21, 2003 7:30 P.M. Englewood Civic Center • Council Chambers 1000 Englewood Pari<way Englewood, co 80110 1. Call to order. '7: ~ ,/>h---' 2. Invocation. n~ 3. Pledge of Allegiance. ~ 4. Roll Call. ~ ~/ / dJ.u,J-( YUJ!lH /~ j 5. Minutes. flftri ~--l) a Mln"te, &om 1he R.,..i., Cily Coon<ll -• of April 7, ,oo~· 6. Scheduled Visitors. (Please limit your presentation to ten minutes.) ~ 7. Unscheduled Visitors. (Please limit your presentation to five minutes.) ~ 8. Communications, Proclamations, and Appointments. °fl' /r-ZJ a. A proclamation declaring April as Fair Housing Month.~ ~d ~-0 b. A proclamation recognizing Arbor Day.t?t,r Uf!d (p-O c. A proclamation honoring Project IBIS 1"1n members.~ , • 1 / d. An e-mail ~Jan t Berens Indicating her resignation from Keep Englewood WI Beautiful. ~-!) ,.._ note: .. ,.. ..... ......, ..... ..a.r .... ----. ......... a, ... , .. _~· -·111• (303-7'2-2405)al ........................................ ,... • • ) Englewood City Coundl Agenda Apri 21, 2003 Page2 9. Public Hearing. .... a. _t, public~illll)i on ~q,u119I B~I No. 10, pertaining to lnoper~le Vehicles. ~) DOAJ ~'I IAOUP... ~ d.lt~LvrJN , JE F-fi htJl-/.£J!.. 'J ~~AJ /lOTH .i l<JCJA-t..,,'t"~fl~,A) '"a H~,s H4A,q/...4P~ '1)1£-/!.Alltsr ALVAIUIN> 10. Consent Agenda. "-t) ~ ~ ..... f!lht.. f.h, ~~ a. Approval of Ordinances on First Reading. ~ lhu-Jt,-Ob~~~~~~,-.~~..lh-• ._/Ou-i~.t.11rllt1'ti/ ~ rr i. Council Bill No/n., approving the ex~porary Moratorium on It-, J 1l "? New Residential Construction in the area bounded by West Evans Avenue (I <4 -,r-"' on the north, West Vassar Avenue on the south, South Tejon Street on the east and South Zuni Street on the west fN lltf) (J) d-11-3/ j?J/3;;... Otd#-33 ii. iii. iv. v. Council Bill No. 25, 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. Council Bill No. 26, creating the City of Englewood Housing Rehabilitation Enterprise Fund. Council Bill No. 27, authorizing an agreement between the Are Departments involved in the Metro Are Training Academy and South Suburban Parle District allowing an easement on Metro Fire Training Academy property for a bike pathway. Council Bill No. 28, amending the Englewood Municipal Code to reduce the number of days prior to a public hearing that a notice must be published. c. Resolutions and Motions. i. ii. Recommendation from the Utilities Department to approve, by .!!l2!!2t!, the purchase of water meters and related equipment Staff recommerias awarding contracts to the low bidders: Mountain States Pipe & Supply for the meters, in the amount of $70,455 .38; and Dana Kepner for the yokes, valves, and fittings, in the amount of $6,237.65. STAFF SOURCE: Stewart Fonda. Director of Utilities. Recommendation from the Departments of Public Works and Parl<s and Recreation to approve, by mgtjpp a change order for the Recreation Storage/Maintenance Office Building. STAFF SOURCE: Rick Kahm, Capital Projects Director and Jerrell Blade, Director of Pules and Reaeation. ~notr. lf,ouhafta......,_.IINlll...a.y_..,_.... ..... ..., .. Cllr.,E 4 ... (303-762-2405)al .... 41kanla ..... ., ...................... ,... t .... f • • E,.,_ood City Council A,enda • April 21, 2003 Pagel 11. Regular Agenda. a. b. C. Appr~f Ordinances on Rrst Reading. Approval of Ordinances on Second Reading. .@' Resolutions and Motions. u 12. General Discussion. a. Mayor's Choice. b. Council Members' Choice. ., APP'[) 5-0-1 13. City Manager's Report. (ABSTAIN : 8RAOSHAW) OARRETT MOVED TO APPA0VE THE ESTlMATED EXPENses FOR MAYOR BAADSHAW TO ATTEND THE ECONOMIC DEVElOPuENT ADMINISTRATION NATIONAL C0NFEAENce 2003, WHEAi! THE CITY WILL BE AECE1V1NB THE FIRST Pl.ACE AWAPD FOR ElCCBf.ENcE IN~ OEVEI.OPMeNT. 14. Gty Attorney's Report. Adjournment ~:'f~ The following minutes were transmitted to Gty Council between April 4 and 17, 2003: Keep Englewood Beautiful meeting of March 11, 2003 • Englewood Board of Adjustment and Appeals meeting of March 12, 2003 • Englewood Parade Committee meeting of March 12, 2003 Alliance for Commerce in Englewood meeting of March 13, 2003 Englewood Transportation Advisory Board meeting of March 13, 2003 Englewood Planning and Zoning Commission m~tlng of March 25, 2003 P'leatllGII: ,,,.. ..... ....., ..... ...., .......................... Cllr ... , .. .. (lu.762-2405) ........................................ ,. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, APRIL 21, 2003 7:30 P.M. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 1. Call to order. '7: !)5 ~ 2. Invocation . /)/~ 3 . Pledge of Allegiance. ~ 4. Roll Call. ~ ~/ / ~( YUR.lH /~J 5. Minutes. a,td ~--{) a. M;n"te, from the Regulo, City Co"n<II Meeting of April 7, 200~· 6 . Scheduled Visitors. (Please limit your presentation to ten minutes.) ~ 7. Unscheduled Visitors. (Please limit your presentation to five minutes.) ,0-" 8. Communications, Proclamations, and Appointments. ~r/ iv-!) a. A proclamation declaring April as Fair Housing Month.~ ·~fd ~-0 b. A proclamation recognizing Arbor Day.tJ/-~ '11,/,/J-O c. A proclamation honoring Project IBIS rim members.~ 1 :;:;w/ d . An e-mail fr£_m~an t Berens indicating her resignation from Keep Englewood Beautiful. /t ,(,,!,~ t t ~-o Please note: If you lane a claaliillty111N111Nt11~-* or---. ....... ._ .. Cir I/IC II AON (l03-76l-2405)ati..a41 ........... .,, ......................... .... Englewood City Council Agenda April 21, 2003 Page 2 9. Public Hearing. ~d &-() ~/}1) !O<-J ~ o/J,U--D..t,/)~ ~ a. -n1' public*eatir)g on Cou.1191 Bill No. 10, pertaining to Inoperable Vehicles. ~) D~AJ Si!. ·Uno i.J I<.. 4 RCi!> t!.l+l:.L<;./"011/ "' J E F-lj ht I l-LE.e I) O~AJ RO,,.., ~ T1<,1C1,4-L.11-.Vc/[)~A.)(!. H~!S rl~A-9i.AAJ/J 'l)r-u./Es.i ALIIARIMt> 10. Consent Agenda. tlfJJ '1-{) ~ ,w.,l7}l).. ~ ~ ft).~~ a. Approval of Ordinances on First Reading. 4 ~,1r;-ob"Mtt~~~e:0~}u~,J~,,h-.-./06-/~t1rllt1~i/ V rr i. Council Bill No/-ii., app;;;ving the e~~T;,;porary Moratorium on /1 New Residential Construction in the area bounded by West Evans Avenue ()zj-,r-,2_ u on the north, West Vassar Avenue on the south, South Tejon Street on the 7 east and South Zuni Street on the west. ii. Nlt£J (}) d-11-3! iii. iv. rf7 J. # 3.J- (Jld+33 V. Council Bill No. 25, 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. Council Bill No. 26, creating the City of Englewood Housing Rehabilitation Enterprise Fund. Council Bill No. 27, authorizing an agreement between the Fire Departments involved in the Metro Fire Training Academy and South Suburban Park District allowing an easement on Metro Fire Training Academy property for a bike pathway. Council Bill No. 28, amending the Englewood Municipal Code to reduce the number of days prior to a public hearing that a notice must be published. c. Resolutions and Motions. i. ii. Recommendation from the Utilities Department to approve, by m2on, the purchase of water meters and related equipment. Staff recomme s awarding contracts to the low bidders : Mountain States Pipe & Supply for the meters, in the amount of $70,455 .38; and Dana Kepner for the yokes, valves, and fittings, in the amount of $6,237.65 . STAFF SOURCE: Stewart Fonda, Director of Utilities. Recommendation from the Departments of Public Works and Parks and Recreation to approve, by rosMeo a change order for the Recreation Storage/Maintenance Office Building. STAFF SOUICf: lick Kahm, CApital Projects Director and Jerrell Black, Director of Pub and Recreation. Please note: If you have a diublllty aM Med auxlluy _. or---. ....... IIOdfy die City of Entla•OOIII (303-762-2405) at IHl141 hoa'I ill._ olWMII _._ _ ...-1. n..11 ,-. .• • • Englewood City Council Agenda April21,2003 Pagel 11. Regular Agenda. a. b. c. Appr~f Ordinances on First Reading. Approval of Ordinances on Second Reading. fr Resolutions and Motions. g 12 . General Discussion. a. Mayor's Choice. b. Council Members' Choice. .., APP'D 5-0· 1 GARRETT MOVED TO APPROVE THE ESTIMATED EXPENSES (ABSTAIN: BRADSHAW) FOR MAYOR BRADSHAW TO ATTEND THE ECONOMIC 13. City Manager's Report. 1 4. City Attorney's Report. Adjournment. g>:c.J~ DEVELOPMENT ADlolNISTRATION NATIONAL CONFERENCE 2003. WHERE THE CITY WILL BE RECEIVING THE FIRST PlACE AWARD FOR EXCELLENCE IN ECONOMIC DEVELOPMENT. The following minutes were transmitted to City Council between Aprll 4 and 17, 2003: Keep Englewood Beautiful meeting of March 11, 2003 Englewood Board of Adjustment and Appeals meeting of March 12, 2003 Englewood Parade Committee meeting of March 12, 2003 Alliance for Commerce in Englewood meeting of Marchl 3, 2003 Englewood Transportation Advisory Board meeting of March 13, 2003 Englewood Planning and Zoning Commission meeting of March 25, 2003 Pleue note: If you han a lllalillty n llNCI....., _.or---.,_.._,• Qr.,, 9'1 •• (JOJ.762-2405) at_. ti hmn iii ....... ol.._ .................. ,__ ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session April 7, 2003 I. Call to Order The regular rncelin g of lhe Englewood City Council was called to order by Mayor Bradshaw at 7:30 p.m . 2. Invocation Th e in voc al io n wa s given by Coun ci l Me mber Nabho lz . 3. Pled1e of Allqlance The Pledge of Allegiance was led by Mayor Bradshaw . 4 . Roll Call Present : Absent : A quorum was present. Also present : 5. Minutes Council Members Nabholz, Moore, Grazulis, Garrett. Wolosyn, Yurchick, Bradshaw None City Manager Sears City Attorney Brotzman City Clerk Ellis Director Gry1lewicz. Finance and Administrative Services Director Olson. Safety Services Senior Planner Lanaon, Community Development (a) COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF MARCH k7, 2003. Mayor Bradsha w asked if 1hcrc we re any correc ti ons or addit ions . There were none . Vo te results: Ayes: Nays: Abstai n: Mouon carried . 6 . &heduled Vlslton Counci l Membe rs Nabholz . Garrett. Wolosyn. Yurchick. Grazuli s, Bradsha w None Counc il Member Moore (al Mayo r Bradshaw sai d we ha ve Marie Brady, the Exalted Rulerohhe Ensicwood Elks Lodge :!12:?. "ho 1s prese nt 10 pa y mbu1e 10 the Elks ' En1lewood Citizen of the Year; En1lewood F1reti gh1cr of 1he Y car: and Eng lc"ood Police Officer of the Year. Englewood City Council April 7, 2003 Page 2 Mr. Brad y sai d I want to lhank Mayo r Bradshaw and the Englewood City Co uncil for this opponunity for 1he Englewood Elk s to honor some o f our finest public servants . Mr. Brady said first l would like to hon or Tracey Minoggic. Tracey has been a firefighter since July of 1996. For 1he first live 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 as signed position. he said. Tracey had to cam 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 organized the repon. 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 Ncssan. 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 assigned to the Detective Bureau 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 Ncssan returned to the Patrol Unit in 1990 where he remained until 1996. He was selected from among a number of applicants as one of the original members of the newly formed Impact 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 Ncssan has received o ver 70 commendations from such sources as the United States Attorney's office, the Arapahoe County Di strict Attorney 's office and multiple metropolitan law enforcement agencies ... not to mention c itizens of this community. his peers and supervisors . He was recognized by the Colorado Intergovernmental Risk Sharing Agency for 20 years of safe driving. In September of2001 Officer Ncssan received lhe Depanmcnt of Safety Services Police Service Award for his unselfish contribution to the family of a Florence, Colorado police officer who was shot in the line of duty. Throughout his 30-ycar career, Officer Nessan has maintained the highest level of dedication and professionalism as a member of the Englewood Dcpanment of Safety Services. Officer Nessan was given a round of applause. Mr . Brady said I would now like 10 honor the Englewood Citizen of the Year, Mr. Richard Burton. Mr. Buno n, a lifelong Englewood citizen, is involved in many things in our community as well as within the State o f Colorado. He is an employee of the City of Englewood, the father of three children and he is married 10 his childhood sweethean, Vickie. His commitment to traffic safety and occupant protection is far reaching . Mr. Brady noted that it is not often that a citizen is so driven to public safety. The amount of 1ime. lhe energy and expense that he devotes in assisting law enforcement with his promotion of safety, courte ous driving and the value of occupant protection is truly commendable. His vision of promoting 1raffic safety al so extended to the race fans of Colorado National Speedway, as a Labor Day weekend event fo r 1hree years . with phenomenal success. His vision and pannership has benefited everyone and is greatly appreciated by all those who have witnessed his compassion for traffic safety. We'll probably never know how man y li ve s ha ve been altered by his commitment to traffic safety, he said, but we do know it is wonh 1he expense. time and energy. Richard Bunon is a NASCAR driver. a Colorado State Patrol Poster Child, a promote r of the Englewood Neighborhood Watch Speed Pledge Program and an extraordinary citizen of E ngle wood. Mr. Burto n wa s given a round o f applause . Mr Brad y said I want to thank e verybod y for the opponunity to present these awards . Unscheduled Visitors There "ere nu un scheduled visitor . Communications, Proclamations and AppolntmenlS •• ' • • Englewood City Council April 7, 2003 PageJ (a) A proc lamation declaring the week of April 27 through May 4 , 2003 as Days of Remembran ce for Victim s of the Holocaust was con sidered . COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DECLARING THE WEEK OF APRIL 27 THROUGH MAY 4, 2003 AS DAYS OF REMEMBRANCE FOR VICTIMS OF THE HOLOCAUST. Moti on carried. Ayes : Council Members Nabholz, Moore, Garrell, Wolosyn, Yurchick, Grazulis , Bradshaw Nays : None (b ) Mayor Bradshaw said this agenda item is a proclamation honoring Country Buffet for its co ntributions to the community . whi c h are incredible . There was a round of applause. COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION HONORING COUNTRY BUFFET FOR ITS CONTRIBUTIONS TO THE COMMUNITY. Motion carried . Ayes : Council Members Nabholz , Moore, Garrell, Wolosyn , Y urchick, Grazulis, Bradshaw Nays: None Mayor Brad shaw read the proclamation in its entirety and presented it to Darryl Wallace, Country Buffet's Community Relations Director. Mayor Bradshaw said wc can't thank you enough . There was a round of applause . Mr. Wallace said when I first took the community representative job, I had no idea that I would be put in a Santa Claus suit, stuffed into an ambulance and standing out over a hot grill, but I have to say it has been worth it. I have ha<! a lot of fun doing it , he said, and wc look forward to working with everyone in the futur e. Thank you very much . 9 . Public Hearina No publi c hearin g was sc heduled before Council. I 0. Consent Agenda COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT A GENDA ITEMS to (a) (I) and (II) AND 10 (b) (I), (II), (W) and (Iv). (a) Appr ova l of Ordina nce s o n First Reading (i) COUNCIL BILL NO . 25. INTRODUCED BY COUNCIL MEMBER GARRETT A BILL FO R AN ORDI NANCE APPROVING AND AUTHORIZING THE EXECUTION OF FOUR INTE RGOVE RNMENT AL SU BGRANTEE AGREEMENTS (CDBG ) FOR THE YEAR 2003 BETWEEN THE ARAPAHOE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF ENGLE WOO D. COLO RADO . • • Enalewood City Council April 7, 2003 Page4 (ii) COUNCIL BILL NO . 26, INTRODUCED BY COUNCIL MEMBER GARRETT 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. (bl Approval of Ordillllnccs on Second Reading (i) ORDINANCE NO. 25. SERIES OF 2002 (COUNCIL BILL NO . 20, INTRODUCED BY COUNCIL MEMBER GARRETI) AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION FOR A trr!LITY ADJUSTMENT AS A PART OF THE HIGHWAY IMPROVEMENTS AT THE BELLEVIEW AND CLARKSON INTERSECTION. (ii) ORDINANCE NO. 26, SERIES OF 2002 (COUNCIL Bll.L NO. 21, INTRODUCED BY COUNCIL MEMBER GARRETT) AN ORDINANCE APPROVING SUPPLEMENT #155 TO THE SOtrrHGATE 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 GARRETI) AN ORDINANCE APPROVING THE LICENSE AGREEMENT AND TEMPORARY LICENSE AGREEMENT WITH K. C. ENSOR, GREEN VALLEY TURF CO .• AND WlLDACRE. Ll.C FOR CROSSING THE CITY DITCH. (iv) ORDINANCE NO . 28, SERIES OF 2002 (COUNCIL Bll.L NO . 24. INTRODUCED BY COUNCIL MEMBER GARRETT) AN ORDINANCE AtrrHORlZING AN INTERGOVERNMENTAL AGREEMENT, ENTITLED "AMENDMENT TO AGREEMENT REGARDING FINAL DESIGN AND CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR BIO DRY CREEK AT ALLEN WATER TREATMENT PLANT' BETWEEN THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT AND THE CITY OF ENGLEWOOD, COLORADO . Mayor Brad shaw asked if anyone wanted 10 pull one o( rhc items . No one did . Vote results: Ayes : Council Members Nabholz. Moore, Garren. Wolosyn. Yurchick, Grazulis. Bradshaw Nays : None Mouon earned . (cl Re solutions and Motions There were no resolutions or motions submuted for approval . 11. Reaular Aaenda Englewood City Council April 7, 2003 Page 5 (a) Approval of Ordinances on First Reading (i) Director Olson presented a recommendation from the Safety Services Department 10 adopt a bill for an ordinance authorizing an agreement between the Fire Departments involved in the Metro Fire Training Academy and South Suburban Park District allowing an casement 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? Because of that, she said, I will have IO abstain . Director Olson said it is actually with South Suburban Parks. Apparently, when the attorneys discussed it they decided to go this way . I though! it was the Foundation, originally, he said. but it is the Parks. Mayor Bradshaw said if it is !he District, then I can vote on it. Director Olson said they have already pawed the concrete down there. This is an apecment we have been working on for awhile . It is a temporary easemenL he said, for five years, renewable and ii will allow the bike pad! lo continue on to the Plane and over the bridge. Mayor Bradshaw said the bridge dedication will be held at 11 :00 on May 3,., at Union and Plane River . It is a S400.000.00 bridge and it is the first of its kind in the United States, to be installed that way. So, she said . ii is pretty exciting . Mayor Bradshaw said I don't need 10 abstain, as it isn't the Foundation. City Altomey Brotzman said if ii is nor the Foundation then you do not need to abstain . MAYOR BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (I) -COUNCIL BILL NO. 27. COUNCIL BILL NO . 27, INl'RODUCED BY MAYOR BRADSHAW A BILL FOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, THE CITY OF LITn..ETON. COLORADO, WEST METRO FIRE PROTECTION DISTRICT, LITTLETON FIRE PROTECTION DISTRICT. SOUTH METRO FIRE PROTECTION DISTRICT, AND SOUTH 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 : Na y,: Molto n earned . Counc il Members Nabholz , Moore , Garren, Wolosyn , Yurch ic k. Grazuli s. Bradshaw None Ma),)r Brnds haw !hanked Director Ol so n for all of his help . I know it was difficult at times. she said . (ii ) Senior Planner Lanaon prcscnled a recommenduion from the Communi1y De, elo pmc nt Department to adopl a bill for an ordinance amcndina the EnaJcwood Municipal Code IO red uce 1he number of day s. pno r to a public hearing, that a nocice must be published . This is bein1 broupt fo r" ar d by 1hc Ci1y Clerk and the Community Development Depanmem and it is an Ullllld8*11 to Title 1- 10-2 -6. Publi c Nouce. S11ff recommends that City Council approve die pn:.poiad --sa.n1 to Title I regardi ng publi c no nces as shown in the proposed bill for an ordinance . It 5honcM from IS to 10 days. die number ot da } pnor 10 11 publi c hearin g 1hat notice of thal heanna mUSl be publlihed 1n the newspaper. Enalewood City Council April 7, 2003 Paae6 Currently. Title I requires that notice of the publi c he aring be published IS days prior to lhc public hearing, unless otherwise noted by ordinance or statute. The Englewood Liquor Licensing Authority, the Planning and Zoning Commission and the Board of Adjustment and Appeals, by either statute or ordinance, allows a 10-day notice. So City Council is the only one really affected, or, on occasion, any other agency or department of the City that may be required to conduct a public hearing. The Englewood Herald publishes once a week . she said. and with Council meeting twice a month it is not possible to fit that IS-day timeframc within the 14 days between typical Council meetings. Therefore. we are forced to schedule public hearings for a month later. This amendment would allow for a 10-day publication requirement, which keeps issues in the forefront and I think that is the key thing. It would allow us to have the first reading and then at lhc next scheduled Council meeting we could hold lhc public hearing, instead of waiting an entire month . It manages City business in a more timely manner and, l might also add. it shortens the development application process. As we discussed last week, ACE was one of the groups that recently discussed the fact that time is the most costly element of development. So, she said, for thole reasons we recommend that Council approve this council bill. Are there any questions? 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) (U) -COUN(;IL BILL NO. 28. COUNCIL BILL NO . 28, INTRODUCED BY COUNCIL MEMBER WOLOSYN A BILL FOR AN ORDINANCE AMENDING TITLE I, CHAPTER 10, SECTION 2, PARAGRAPH 6, OF THE ENGLEWOOD MUNICIPAL CODE 2000 PERT AININO TO PUBLIC NOTICES. Mayor Bradshaw asked if lhcre was any discussion. There wu none. Vote results: Ayes : Nays : Motion carried . Council Members Nabholz. Moore, Garrett, Wolosyn, Yurchick, Grazulis. Bradshaw None (b) Approval of Ordinances on Second Readin& There were no additional items submitted for approval on second reading. (See Agenda Item 10-Coment Agenda.) ' (c) Resolutions and Motions There were no resolution or motions submitted for approval . 12. General Discussion (a) Mayor · Choice (i) Ma)'Or Bradshaw said you had a proclamation cleclarin1 April u Fair HOl!lin1 Month . Is that o~ay ,f we go llhead and forward lhat? Council indi.:...J it wu okay . Ma)Or Brad haw .aid "c tall,;ed at the pre•K>US Council mecrin1 aboul how we mipt -ci to lormalize die proclamau n procedure . Does Council ..,.illll to formalize die procedure or is it okay the -y we ae doina 11'' Englewood City Council April 7, 2003 Page7 Council Member Garren said we had talked about coming up with some type of criteria that we thought would be useful in these situations. One of the criteria that has been discussed is what kind of local impact would we have on a panicular environmenl. I don't know whether you want to continue to have people explore tha1 or have a group explore that. he said. Mayor Bradshaw asked if Council wanted to set up a sub-commillee. Or, Council Member Garrell, we couldjus1 use an ad-hoc commillee. Or, Mayor Bradshaw asked, do we want to do it with Council, as a whole. Council Member Moore said we could just do it at a Study Session, that would probably be good and we could do it as a whole. Mayor Bradshaw asked if we could schedule that on a Study Session and see if other cities have cri1eria. think thal would help ... we wouldn '1 have to reinvent the wheel. She suggested staff contact CML. (ii) Mayor Bradshaw said if any of you are interested in going to the Beacon Center Cherish the Children Gala. 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 chose buildings, she said. and the ribbon culling is at I0:00 this Friday. (iv) Mayor Bradshaw said I wanted to remind you to get in your Jubilee 11 information. as soon as possible. to Pauletta Puncerelli. (v) Mayor Bradshaw said I received an inviwion to Meet the Mayor&. a candidate's forum in Denver. this Wednesday. If anyone is interested. she said, here is the invitation. (vi) Mayor Bradshaw said all I can say is thank you so much to the Parks and Recreation Depanment for nominating me for the individual ciWion award for the repon. I am very honored and humbled by that. she said. I think a lot of people have done a lol of work in parks and recreation ... as much. if not more. than I have and it is quite an honor . I will be down there next Monday picking up the award. she said. so thank you. (b) Council Members ' Choice (i) Council Member Nabholz : I . She said I want 10 congra1ula1e you. Mayor Bradshaw. on the award you just mentioned . You 1ruly deserve i1. You have worked a long 11me with South Suburban, she said . Ma yo r Brad shaw ;aid 1hank you. 2. She said 1here 1s some maroon or purple graffi1i o n the cut side of Broadway . It is kind of 1n1erm1 11en1 through 1hc neighborhood. but II staru at about the 3200 block and it hits the traffic sipal box al the post o ffice and it JUSI continues to go up. It h11s the traffic sip.al box at Broadway and Kenyon and then 11 1ntermi11emly h11s the building; there . It is very bn1ht and it is a mes~. she said. 3 She sai d I \\amed to say one more umc that I had another six call sayin1 how pleased people \\ere becau;e of wha1 the City had done in removing snow and hclp1n1 CUI up limbi and th1nas. I did have a couple ot people call . ;he .aid. hoping we "ould take their limbs away. but I told them no. not dus ya,. •• • • Englewood City Council Aprll7,2003 Page8 City Manager Sears said I will pass that on to our streets and parks people, they have really done a fabulous job. Council Member Nabholz said please do. I don't know whether we have given them enough anaboys yet. she said, because they have really done a good job. (ii) Council Member Wolosyn offered Mayor Bradshaw further congratulations. Mayor Bradshaw said thank you. (iii) Council Member Yurchick offered Mayor Bradshaw congratulations. Mayor Bradshaw said thank you. (iv) Council Member Grazulis: I. She offered Mayor Bradshaw congratulations. 2. She said I just wanted to remind everyone of lhe silent auction that is beina sponsored by the Hiah School for !heir band program. It will be held this Wednesday, between 2:30 and 8:30. Just IIOp clown there, she said, there an: a lot of fine thinp that have been donated by different busineues in our community and it really helps lhe band program. 13 . City Manqer'1 Report (a) City Manager Sears said I just wanted to remind everyone that next Monday nipt lhe Council meeting will be held at Cherrelyn at 6:30 in lhe evenina. The Herald may be puUina a comment in the paper about that, he said. We are going to have an update on our Traffic Study that evening and ript now we don't have anything else on the agenda. he said, bl:t it is an o pen forum . 14. City Attorney's Report City Attorney Brotzman did not have,.any maaers to bring before Counci l. 15 . Adjoul'IUMllt OSHA W MOVED TO ADJOURN. The meeting adjourned at 7 :55 p .m. PLEASE PRINT NAME PUBLIC COMMENT ROSTER AGENDA ITEM 7 • ,'j ' " . . -...... :a • DATE:Ap,1121,2003 I UNSCHEDULED VISITORS MAY SPEAK FOR A MAXIMUM OF FIVE MINUTES ADDRESS / ·• • • • J""'" \ I l~ PROCLAMATION WHEREAS , the City of Englewood, Colorado, is now reatTinning the commitment to freedom of choice in housing; and WHEREAS, the expansion of the Fair Housing Law protects mentally and physically challenged persons from discrimination in housing; and WHEREAS , the thiny-fiftb anniversary of the National Fair Housing Law, Title vn of the Civil Rights Act of 1968, is an occasion to rededicate ourselves to the commitment to Fair Housing for all citizens; and · WHEREAS , April has traditionally been designated as Fair Housing Month in the United States; and WHEREAS, I urge all citizens to support and endorse the practice of Fair Housing personally and in the marketplace, and to recognize that discrimination that limits the rights of any of our citizens limits the rights of all other citizens . NOW THEREFORE. I, Beverly J. Bradshaw, Mayor of the City of Englewood, Colorado , hereby proclaim the month or April. 2003 as : FAIR HOUSING MONTH in the City of Englewood, Colorado . I urge all Englewood citizens to abide by the Federal Fair Housing Law, and to acknowledge the needs of all of our citizens to be afforded housing opportunities free from all discrimination . GIVEN under my hand and seal this 21st day of April, 2003. Beverly J. Bradshaw, Mayor ' •· • - ) ·• • • \--( . l .1..__) PROCLAMATION WHEREAS. in 1872 J. Sterling Monon proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS. Arbor Day is now observed throughout the United States and the world; and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut beating and cooling costs, moderate the temperamte. clean the air, produce oxygen and provide habitat for wildlife; and WHEREAS. trees are a renewable resource giving us paper. wood for our homes, fuel for our fires and countless other wood products; and WHEREAS, trees in the City of Englewood incre:ise propeny values, enhance the economic vitality of busines areas, and beautify our community; and WHEREAS. trees are a source of joy and spiritual renewal; and WHEREAS, the City of Englewood. Colorado has been recognized for 18 consecutive years as a Tree City USA by The National Arbor Day Foundation and desires to continue its tree-planting ways ; and WHEREAS. the State of Colorado celebrates Arbor Day on the third Friday in April ; NOW THEREFORE. I. Beverly J. Bradshaw, Mayor of the City of Englewood, Colorado. hereby recognize ARBOR DAY in the City of Englewood, Colorado. and I urge all Englewood citizens IO suppon efforts IO care for our trees and woodlands and IO support our City's community forestry progrun. Further. I urge all Englewood citizens to plant trees to gladden the beans and promo1e the well being of present and future generations. GIVEN under my hand and seal this 21st day of April, 2003 . Beverly J. Bradshaw. Mayor ' ... 9· • ·• / • • 0 (?-- l . l '.s...__), PROCLAMATION WHEREAS, Project IBIS (Improving Business, Increasing Service) was conceived to eliminate the specter oflost support for the City's legacy financial, human resources and payroll applications, while enhancing the automated tools and services available to our City's staff and citizens; and WHEREAS , the Project IBIS Team bas exhibited consistent, exceptional performance, creativity and dedication to improving the operations and productivity of the City of Englewood through the Oracle financial, human resources and payroll system implementation; and WHEREAS, this effort was accomplished both "on-time" and "on-budget'' through the extraordinary perseverance and personal sacrifice of IBIS team members working excessive hours while performing their regular work functions; and WHEREAS , the "live" Oracle system will require their ongoing, extraordinary dedication over the next several months as final process changes are implemented and City staff complete their education on the new system 's capabilities. NOW , THEREFORE. I. Beverly J. Bradshaw, Mayor of the City of Englewood, Colorado . on behalf of City Council and the City of Englewood, hereby cOIIIIDCDd the following Project IBIS team members for their dedication to the City and community of Englewood and offer them our heartfelt thanks for their efforts: Andrea Aragon, Human Resources Kerry Bush, Utilities Steve Dazzio , Finance & Adminislntive Services Tony Edwards, Information Tcclmology Kim Finley, Human Resources Kathy Kassy , Information Tccbnology Karen Leadens , Information Tcclmology 1,;rocr Nolan. Finance & Admiaisualive Services Carol Wcscoat. Finance & Adminislntive Services Elizabeth Wcncgieme. lnformalioa Tcclmology GIVEN Ullder my hand and seal this 21 • day of April , 2003 . Beverly J. Bndlbaw, Mayor \ ' .... • • Anthony FruchU From: Sent: Janet e.r.na Oaneteberen10yat,oo.comJ Monday, April 14, 2003 3:21 PM To: An1hony Fruchtl; Ann Nabholz; David Btwalon: 0., 1M1a1cr. Don Rolh; Gerald Stankott>; Jennifer Bippus; Joaeph Serrano; Kant Nlcholla; Li1da Ollon; Samara Ferber Cc: Tricia Langon Subject: Re: Arbor Day Hi All, Aa I understand it Arbor Day that the KU c-1aaion . celebrated on the Saturday after National Arbor Day 1• canceled due to lack of support from the coaaission plus the Englewood Parks and llec:reation Department although at a prior meeting they assured ua they would come and speak about X rated plants. It was never my intent to ,:io this all by myself but I bad comu.tments from th• years in th• past and -• to go back and check with these companies to see if they would donate plants for Arbor Day. I have checked with O'Tooles and A and A Tradin Post who donated flower and veggie seeds and they agreed to let the KEB commission pass those out at the Good Neighbor ~ays registration in May. I have had '3r'f house up for sale for a few weeks and plan to move to another area closer to my little grandsons and had planned on th• Arbor Day and Golf Tournament as my 1ut, but as of today, April 1', 2003, I am resigning my commisaion and will turn ill the seed packets and contacts for the Arbor Day and Golf Tou..'"?lament to Jackie. I will try to get th• new owners of my house to keep the bus stop clean and will contact Monica at RTD to take the siqn down when I move. I will give that infor:nation and supplies to Jackie also. I enjoyed being part of the c0111111ission most of the time and certainly learned a lot about environment issues. I still can't believe I had so much trouble get ting th• sound system to work for my hearing loss and hope that future hearing loss persons can uae the sy•t-. I will still be in and out of Englewood in the future and will miss being a part of "Keep Englewood Beautiful• but its time to move on and get illvolved in ot~er areas . Bye for now , Janet E. Berens RECEIVED APL1•• CllY MANA~Ot=Rce ENGLEWOOO.COLORAOC City of Englewood AGENDA ITEM I (a) DATE: Aprll 21, 2003 . ; .. ._... . ~ . . -~ . . . ·~~~ ' \ . . PLEASE PRINT ADDRESS THE ENGLEWOOD HERALD STATE OF COLORADO COUNTY OF ARAPAHOE ss I, Thomaa E. Spargur, do aolemnly swear that I am the Publlaher ol the ENGLEWOOD HERALD and that the same la a weekly MWSPB· per published In the city ol Lllllelon In the County of Ar11pahoe, ltale or Colorado, and hu a general clreulatlon therein; that Aid _,,..,., 1181 bNn published contlnuoualy and uninlenupt• edly in said County or Anipa11oe 1or • period of more than 52 WNka prior to the first publlcallon ol the annexed notice; that Aid newepaper la enlar9d In the Poet Office ol Lllllalon, Colcnclo, aa Second Cius Mal 11111br and lhal the said ,-apaper la • MWlll)llper within the meaning ol the act ol the General Assembly or the State or Colorado, approved March 30, 1923, and entitled ·Lep1 Noti-and ~-and Olher acts ...... Ing to the printing and PIMll*'II of legal nolicn and WU publahed In .. l9flllar and entire --ol said .......... once Nell WNk, on tie ..,. • ol each WNk, for a period ol _L_corMICUtlve ~ and that the mt publica1lon of laid r1C111ce -111 17/PN7:Z2 2003 CMec..r,1- 111 ..... ,....,, ......... AN ONIIWICa ... -.mu 11, CltAPTa 1, UC'10N 1, Dm WTIONI, mu 11, CHAPT1111, UC'10N 1, Nlff-10 VINICUI; ..... I; AND . .._.A ... 'ffll.a11,CNAl'Ta I, laCTION I, ..., ... 10 (VIIICLB; o,p MMD (OIIV). ~IUICIPALCODe -•• fCOUNCa. -.a. ND. 10I All lnlar.-cl ...... ..., .... opinions In ,._ ......... '-1118 or In wrWne ID 119 ....._ ~ .. cay a.ti ~ .... ...... OIi AP111L 21, -. ...,._ ...... ID ....... lt'*lo...._._, ... .. car Clertl'e oa.. ...,..., .. ......... .._, •• ,ore ~.,.., ............ .. ..... ., .... ., .... ei.... OC4 car c:-.a... ,. .~ .... -.-~- ! au,...._ A.-., CIIIC cara-car ...... e• 1-·· .. ,...., ...... 144. Co1orade 11110 1"r ) OR!,)INANCE NO. __ SERIES OF 2003 BY AUTHORITY COUNCIL BILL NO. 10 INTRODUCED BY COUNCIL MEMBER YURCHICK AN ORDINANCE AMENDING TITLE IS, CHAPTER l, SECTION 2, DEFINITIONS, Tl11..E IS, CHAPTER 9, SECTION l, PERTAINING TO VEHICLES; INOPERABLE; AND ADDING A NEW TITLE IS, CHAPTER 9, SECTION 2, PERTAINING TO (VEHICLES; OFF ROAD (ORV), ENGLEWOOD MUNICIPAL CODE 2000. WHEREAS, Englewood City Council wilbca to addraa tbe iuue of atorap of inoperable and oft' road vehicles in the front . ~if!.-, ,,.,,! '-'-'.!d: y~-ds iD tbe City; and WHEREAS, tbe City Council. tbroup its police powers, finds that it is DeCC11UY for tbe health, safety, and welfare or tbe citizens or EnaJcwoocl to rcplatc tbe ..... or such vehicles. Sectiop 1, Title IS, Cbaptcr l, Scctioa 2, Dcfinitima, is hereby .-led by dclctina definitions for Vehicle, Derelict and Vehicle, Hobby and adding new definitiom for Vehicle, Inoperable; Vehicle, Oft' Road (ORV). Carport, and Car Cover, to read• follows: ~. 9'ININI. Aey u llli1II •hilll ii -+•ii; d I d, •••a f U, t· tl1d le lllellllellltllatNlhtllli1l1ilia1p .............. 1 •• , .... _ ..... .... ... •. lt..Uiaeludlay .... 1 •• · ..... -.......... my .llli1l1Mlilll INIII 8~ liHM1 pa.• . 0 W .... ••iiliela ln±s iaNsr& II ~. ,,.,,,,,_ •• ,., ............ fa,IM'I ... ,,,.. ..... ,...-............. .... ,,,. ,,,..,.,....,, .. ,. . ., ., ...... ,._ -··,...,. ............... ,,... _, 9f'ffl"'6'1""-· .,.,..., .. .,. .... _,.... __ .,..,., .... . Ycbiclc /19RCCPHc· PPGIPI MIX x+sk JhM I) 9 iRneNs e(mgyip1 ip I Jee1yl JDPW nw1s its gwp PPV' w 2l lr:ke , FMPFP& liram Dfe w 3> ;, 171Fkr' dnend dilDllNIN gr iOC-OPPJcsclv IIMIPbk4 Ycbic/c Off&zed tQRf?" iw;IM4e but ii PAlliPlilelJe ,U-tppjp xstislc CAJY> mini- bike dirt bib; hgyCESJNL dups huBIY B9:AGs 1Pf PRJAMI wPIBIOs JIFF FM W other vehicle Jhat NF PAI""''"" in lhc SWF e(frPfqqdq ePPiPP'II! xshisk aircraft, and trailm for MY of IN fWS89ipe CYSP if pmppJy lismr4 Camo a · THAI I MP5DM5 with I mpfhyg Jskjpe I eefid lkkvP, Car Com:· rnseoa IAY fiPFfl TNYS em,jg JPPtrcnm k fM rmifts J11PA1F pr cgyqipg I GM II' PIAIAISYSle Il'Pe JhM NI Wf flgpl k N rmifts MPPII pf cpycrjng I fN 'I' mptqrcyclc I'S MS >rR Qmo" (w fN rmm e(@ie C1* Hard SHrfacc · PlSfM I IHdiEc o(cCPWPS embelL " RIYSI dyf ia dmf °" epd unstcrlin 111c pgig xsbisis Soljd fa,cc · menu fqg N 4cW iP !H:l7(Q2} EMC ¥ NTm1nd • t .. • • • Section 2. Title 1 S, Chapter 9, Section 1, Englewood Municipal Code 2000, is hereby amended to read as follows: Chapter9 VEEDCLES; Ql!:R&Ic:f !..'IQ HQRBY INOPERABLE lS-9-1: Vehicles: Qe19liet 111111 Hehhy InopqabJe It !lhall he 'llllla.·Aitl aall eemiliefell a a11iNRee fer aay p1P08a le 11te1111, maial&ill er keep 6ft) llereliet er hehhy \lehiele, 18 llefiBell hy lhia Title, ea aay real prepllty er alljae1Bt pllhlie right ef way in the City aeept 88 felle·.;11! Tog CblPIGc is iotm4F4 SP 144m, the pmppr !MOBS of ingpqahlc IP4 20:1914 vehiclea It Mill up1awru1 IPd oomidqgl a PlliMPFSi for IPY PS'l9P tg WP rnniotaio 9( kFFP anv ioopqabls vehicle ;n violatiop of Jml ChaJZler Ds gwpq of an inoperable vehicle or off r914 xeJticls e well M Jl¥i occupapt M4 ownq of Jbs PlPPCdY whm IJ¥ih a xebicls is IS9R4 shall he EFIP9Plihle for the mioSGPIPSiC of such xGIJislc in cgmpJiNWF with this Qumts A. Inoperable Vehicles in .Rei,itk,ilMI Mllaf 411 B Zone Djstricy 1. °RIIN ahall lie ae ma,e lhall e111 hahlty er MNliat •1ehiel1 mdstaieed er Mered ea lhe prepllty efaay -ililllH HI a reaill•tially Halli llilltliet, wMeh \lehiele lhall he llereli HI a flllly -1e1111..,... er 1imilnr .......... h ., .. -y lllere the·. ehiele ill a -,.a er ep• -ill the •1ehill1 •ill,.... -kept eMiNt, ee•,INII willl a ti, .... 1111,M er elh• ,,..-eM-.. s._... er ee•llfiaa i1 aet ......... Ille vehi1l1 ii ....U, h•iaa•--81h 1. No joopgable xebisls lblll he stored wjthjn the fippt xw K1bn&h: ~->le penee lhall llere er -.erk• aay hehi,, er ... li,H ehi1l1 wilhilt the yw4 Nlh81k er HI er ea aay pulllie ....,_., er rilht 1f -,.. 2 No PFPPP shall SPR w wm PP apy ioosmbki vsbisJs within Jbe fippt w4 KJ!msk win or RP mx pyblic grppgty gr right-of wax esszt dlfl w xs;hisles max )K; tsuggrariJy JD1io11iPP1 iD Jhe fippt vard ICilbesk RP a hagt IYPl5S for the PWP9IFI er tryppt., lowMos uqlowtios gr odp 'FPVlflVY 1EPYitia Such trgport loedioe 1mlowt;o1 or odp IAPPWY activiJia shall pot FIGG04 sisht (8} hpurs OPS Cl} dav Pfl reJmder wsck 3. The er.r. w ef a lleNliet er hehi,, -.,lhi,le • r.1111 • lhl ae111pm 81111 ,·.-er lh1 prep81ty lhall he PIIPIBlihle re, the msiat1HHI er ll8lllp 1fNN vehiel1 HI NMpli••• "ilia ......... . l.. An jnopqabl5 YFWEIF PMY PAf: he RPml jn I FRP9G-An wmbls ;isle max he stored in a fully GJ¥ikM4 PAIS gr 1imilv IDIFPKF 2 f• • .. .. • • 4. 'l=he ,,._ ef a helll,y r:ehi1le er dereliet , ehi1le 1181'18 ill a rellillaliall) 111111• llitaet llhall rep,ter lh1 •• ehi1le with Iha 9epM111111t eU.feter VehielN, SIBie ef CelafBlle . 4 9Pe ipppqab1s xGbiSIG may he IWF4 jg a rear w: wk yard !!Gl!vtrt if it if PP a hard IYPlf:S lRW I F1C £PYCI bsbiP4 • •eli4 fpp pd IB!'ll'S'4 bsP YD' pf 14ilESPI pmpertjg pd publjc rjshJH>f-nx S. Ne per1911 llhall etere e11 • reaidatially -• ,,.,_., a helMI) er dereliet ·,ehiele ill ·.;elBli811 efthe • Ill felth ill lhill lllllaellia11 9Bl ('). Feil-le eemply llhall lie a -.;,i..e11 eflhie Ce••· .. Alty ..... •1elli1l1 ..... -.. ,..,,.., tllal ii N\ .... willl • lie ....... ,.. er elh• BIIBII• _. .... H11181'18 • 1 heN aurfaee wt hM feur E4) NH,, bfl t • lirN H1 pre-•• le lie NH,, Ii, .. , ....... wl SIMI iMpua,• wl Ml a ... liet er hellll, ,ehi1l1, If-aliaa w , 1111i1l1 ii_._.. wl 1111'•• • IBY eae IINIIMY, lhie pNIWZyli• llhllll • ..... ii llhall 111 .. ..., ., .. Cit, .. ••• · .r.hllll• .. ,ehi1l•ere..._11erhellll, •••"•i., 1hi11111ie11wl lellMIIIINI I -•ere1i11111MNl,ylhilulli1• e. Inopggblc Yellicla;,. a..-MIi# ~ lmc lJi.rtrlq.r 0be: Pran R. I. J>la per1911 ahell ..... a h11III) er__.. , ehi1l1 ii a 1P • R1111• ...,. ..... IIIINI o ehi1l1 ii ..... ii 8 I.a, .............. ·---···· frem-.,j-afNj11•,..,.... wl ,-Iii ... alway, I . Ng imosrbls xsbisls MIU !as """arise jg ii • I""" RIP Jasbjpd I !91i4 fpp-,,.,.,,., Om! rin e{rti1FP1 PPIP'W w m#k rirbUd· wax w ip a Nx PRDPd ISIJl1Rm ii, J>la,....WMmHnilel er· I 1ill1111 • ..._lllall...., _.__ ..... , .............. ,..,..,. 1. 'Rlen•••• ... lill•ll:11111, .1ll:i1h•well• ............... r ... ,..,.., lllell N .......... ,.... • ................ ,ehi1l1 ill 11..,li•u wiall: lhie 1ha,au. 2' Jhc mrciekm of Jhie SecJiqp abfll ppt IPPJx IA I wrnincd e4(w lirmlld ,,,,,,,,,,;n MM 4. 1=11 .. .,... ......... , ............... , ..... ii.. .. ••• ...._. .a.II u1·1a• .. 1ll:i1l1 'MIii .. 8 I efQ1I .... Dlflll 111., Uea.V111:i1lu S. He,-ll:111 .... ••lP 1111• p1epllt) ell:11111> ...... 1ll:i1h ill oi1llli•ef.. 111 ... illhilrl I ai1a•~Flilla118111,1J ..UINa ,i1hti11 eflhilCNI 6. 'Rle,..ui1 '111 eflhil1 l111ai111ilt6)1M1 .. IIRll) 11p1.,.., ...... • ,.. ........... _(I, ...... Ill ~. A new section pertaining to Off Road Vehicles is added to read u follows: 15-9-2· YEllisla· Of[Rpad CoBYl A. Ql[Rqgd VMtfk.t <QRn in All R l4mc PflViFtl 1. No ORV """ be fggld within "" m yard IGSbesk 2. Ne PSP9P ell fflF or wort op 1PY ogv wjthjp them m K1besk or ;n w AP MY pyhlk; riabl;P(-wg PP!PI tha& IMFb xcbkkt P!IY Jae IFPDDriJx rntimniM! iP 1"' m Yv4 ISlb5k 1111 bard wdiss rw 1"' RYDDF1 of SPPRIL kwtims 1mkmttins w 9fbs 'ARRfDIY IFPYW-M 1IPIOOOa JOfftios HP191ftios w 9fbs !PJeemx pyigip eblll PAS eRFPI eslU Cl} hgun sm Cl l day w almder •- 3. Ap ORV yebjslc WIX PAS be MfD4 jn I li:IPPSn Ap OBY xsbisls WIX be stgrgl ip I fully p;lgpl BRIIF 9( gpjJer IIP¥iPDz 4. An ORY PIIY he 111114 ip I gar 51' M yard IGSbesk if it P IP I bard wdiss bebind I eeM rsae IP4 RZDGd &gm m o(aflieean prppgtje IP4 PYblis tjsba:of-JAY B. QffRqqd Vqiclg <PBn ta leac PflViFtl 06cc Pe & 1. Ne iwmtblc yebisls """ be ll9(pd ,mm h ;, 1111 hard IHdisF bebind I eefid rmss IP4 RZDGd frpm vine eCwliwmt prppprtip IP4 ePNk risbR:of-vx w in I fully PE!oee4 IDliPPI 2. Ds groyjpgps o(tbif Sectiop ell pgt IPPb'. IA I ppmittpl IP4(or ljg;pfA1 ogy 11K. Section S. Safety Clauses . The City Council hereby finda, determinea, wl declares that this Ordinance is promulgated under the general police power oftbc City ofEnaJcwood, that it is promulgated for the health, safety, and welfare oftbc public, wl that this Ordinance is ncccssuy for the preservation of health and safety and for the procection of public CODveaiaicc wl wclf'arc. The City Council further determines that the Ordinance bean a naonal relation to the proper legislative object sought to be obtained. Section 6. Severability. lf any clause, 1e11tencc, paraaraph, or pan of this Ordinance or the a pplication thereof to any person or cin:ums · 1DCCI sball for aay reuan be adjudpd by a court of competent jurisdiction invalid, such judplent shall not affect, impair or invalidale tbe remainder of this Ordinance or it applic:ation to odler penou or cin:umllalloll 4 • t • • Section 7. lncopsistent Ordjo,pces. All other Ordinancca or portiom thereof iDCODaistmt or conflicting with this Ordinance or any portion hereof ue hereby repealed to the extent of 111Cb inconsistency or conflict. Section 8. Effl,ct ofrepeal Of rnodiflcatjop, Tbe repeal or rnoctific:atioa of any provision of the Code of the City ofF.nglewood by this Ordinance aball not reJeue, extinauiah, alter, modify, or change in whole or in part my penalty, forfeiture, or liability, either civil or criminal, which shall have been incwred under IUCb provision, and each )IIOVilion aball be treated and held as still remaining in fon:e for the purposes of lllltainiq any and all proper actiou, auiU, proceedinp, and proaecutjons for the enforcement of the penalty, forfeiture, or liability, u well as for the purpoee of IAUbtining my judgment, decrc,e, or order which can or may be rendered, entered, or made in IUCb actions, suits, proceedinp, or p!OleCUtiona. Sectjon 9. lallx. Tbe Penalty Provision of Section 1-4-1 EMC aball apply to each and every violation of this Ordinance. Introduced, read in full, and passed OD fint reading Oil the 3rd day of March , '003. Published as a Bill for an Ordinance on the 7th day of~ 2003. Set for public hearing OD the 21 11 day of April, 2003. Read by title and passed OD final reading OD the 21• day of April, 2003 .. ~ on final reading on the __ day of ___ __, 2003. AITEST: Beverly J. Bndlhaw, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of F.nglewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed OD fint reading, set for public hearina. and passed on final reading OD the 21" day of April, 2003. Loucrishia A Ellia s THE ENGLEWOOD HERALD STATE OF COLORADO COUNTY OF ARAPAHOE ss I, Thomas E. Spargur, do IOlemnly swear that I llffl lhe Publ.._ ol lhe ENGLEWOOD HERALD and that lhe same la a N8ldy newapa- per publllhed in the city ol Lltlleton In the County of Arapahoe, llale ot Colorado, and has • general c:ln:ulldlon therein; that Aid MWapapet ha bw'I Publilhed contlnuoully and unHlnupt· edly In Aid County of Anpalloe for • period of R1018 lhan 52 11WNka priot lo the first publlcatlon ol the ....... nob; that Mid NWll>l!*ll.,.. In the Poat Office ol LIIIIIIDn, Cokndo, aa Second Claaa Mall -..,.. 111111 the 1111d NW11>11* 11 a NW1P111* within lhe -*'II ol lhe act d .. General Aasembly of lhe ltlle of Colorado, IPPfOV9d Men:h 30, 1923, and en11tled ·L.apl NolloN and Mveraee.-11a· and Clltlll' ac:11 .... Ing to lhe printing and PIAlllll*'D ol llgll nolicN and waa l)Ubllltled In .. l9gllllr and ... --ol 1111d ......... once Heh WMII, on lhe 181118 dly al each week. for • period ol LCO/ftMQllive....,.. and 111111 lhe Int publication ol Mid nallce -In ?l'T/~mdated 2CXYJ The laat publication of aald nodce waa In the laaue of said ,-..,..,., dated '~-~ Al ........ ..... .., .... a,lnicNte1n..,_ ......... '-"'tcwlnwrt1ng1Dlle ...... .., .. Clly ci.ti .., l:OD ..... OIi APNL 11, 2IIOI. ...,... ........ ID ....................... .., ... .. Clly Cllltc'a OIIIN, -.,.._.., ID ...... lll8lr ..-5 I cw 8 ............................... .... •1 001lar of Ille e,....... C11y c-.... . . • • BY AUTHORITY COUNCIL BILL NO. 22 INTRODUCEDBYCOUNC~ MEMBER WOLOSYN AN ORDINANCE EXTENDING THE TEMPORARY SUSPENSION OR MORATORIUM ON THE ISSUANCE OF PERMITS FOR NEW SINGLE-F~Y ATTACHED AND MULTI- FAMILY RESIDENTIAL CONSTRUCTION, OR ANY HOUSING REQUIRING THE SUBDMSION OF PROPERTY, IN THE AREA LOCATED BETWEEN WEST EV ANS A VENUE ON THE NORTH, WEST VASSAR A VENUE ON THE SOUTH, SOUTH TEJON STREET ON THE EAST AND SOUTH ZUNI STREET ON THE WEST, FOR AN ADDmONAL SIX MONTHS . WHEREAS, constituents brought IO the City Council's attention a concern regarding design standards in the area located between West Evans Avenue on the north, West Vassar Avenue on the south, South Tejon Street on the east, and South Zuni Street on the west; and WHEREAS. City Council has reviewed that concern and found that the design llalldards in the area located between West Evans Avenue on the north, West Vusar Avenue on the south, South Tejon Street on the east and South Zuni Street on the west need IO be updated; and WHEREAS, control oftbe permitting and zoning of these facilities are lqitimatc exercises of local police power; and WHEREAS, the original -.toriwn on the iauanc:c of permits for new liDp-&mily anached and multi-family residential COlll1nlctioa, or any bouaina requirina the IUbdivilian of propeny, in the area located between West E-Avenue on the nonb, West v-Awaue on the south, South Tejon Street on the east, and South Zuni Street on the west wa to si¥e the City staff time to collect information and wort closely with the Eqlewood community to revile zoning regulations that protect the interests of the community; and WHEREAS , City staff is coordinating these desigtn standards with the propolcd Unified Development Code ; and ' WHEREAS , on Ociober 7, 2002, the moratorium was extended until May 24, 2003 . NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, THAT: ~-The City Council finds the provisions oftbis Ordinance are temporary in nature and are intended to be replaced by subsequent lqislative enactmcnl. Tbe lmlplll•Y si. ,pension of permits for new sinaJe-l'amily attached and multi-l'amily residential ~ or an) housing requiring the subdivision of property, ia the area located between Wat Evas Avenue on the north, West Vassar Avenue on the IOUtb. South Tcjon Slnlet on die_. ad South Zuni Street on the west shall terminalc on November 24, 2003 . ~-The temporary smpc111ioll of permits sball noc appl y IIO permits b .,.._ family detached houses, remodels, and KCaaOrY Sll\lCNl'CI but will apply iftbe ~ ia entirel y demolished . · ,, • t .. • • ~. The EnaJewood City council directs City staff to develop appropriate recommendations to Council, to be coasillml wilb Ibis Onliuace 111d to coatiDue to collect information llld work clolely wilb the Eqlcwood COIIIIDUllity to revile main& regulations wbich protect tbe interests of lbe community Imroduccd, read in full, 111d paaed on tint radina on the I.,. day of March, 2003. Publilbed u a Bill for an Ordinance on the 4th day of April, 2003. Read by title 111d passed on final readins on the 21st day of April. 2003. Publilbed by tide u Ordinance No._. Sena of 2003, on the 25th day of April 2003. Beverly J. Bncluaw, Mayor Attest: Loucrishia A. Ellis, City Clerk I. Loucriabia A. Ellis, City Cln rm the City ofl!qllwood, Colondo, bereby Cll1ify lbat the above 111d finaoinl ia a true copy of* Onlillace paed cm 111111 i--, ad pablillled by tide u Orcliamce No. ___, Seriel of 2003. SUBGRANTEEAGREEMENTFOR ARAPAHOE COtiNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS SUBGRANTEE: CITY OF ENGLEWOOD PROJECT NAME: HOUSING REIIABn.rfATION PROJECT NUMBER: ENRB 307 EXHIBIT A This Agreement ia made by and between the Board of County Commiaioncn of the County of Arapahoe, State of Colorado, for the Community Development Block Grant Propam in the Community Services Department (hereinafter referred to as the County) and the City of Englewood (hcninafter referred to u the SubGrantee) for the conduct of a Community Development Block Grant (CDBG) Project L PURPOSE The primary objective of Tide I of the Housing and Community Developmmt Ad of 1974, u amended, and oftbe Community Development Block Grant (CDBG) Propwu under tbia Title ii the development of viable urban communities, by providing decent housing. a suitable living eoviromnmt and expanding economic opportunities, principally for low and moderate income penoos. The project by the SubGrantee known u the Housing Rehabilitation Project (Project) baa been categori7.ed as a Single Family Housing Rehabilitation project and the Sub0rmtee will maintain documentation with the national objective ofl.ow/Modente Income Houaina ICtivitieL The SubGrantee may proceed to incur COltl for the Project upon receipt of m ofllcial "Notice to Proceed" from the County. ll. WORKTOBECOMPLETEDBYTBESUBGRANl'EE The following provisions outline the scope of the wort to be completed: The SubGrantee will utilize CDBG t\mdina to provide low intcrat loam and/or grlllll to income elip,le homeowners for health and safety rellled home improvementa. T)'pical improvemeota may include (but arc not necessarily limited to) plumbing. electrical systems, roo&, and HV AC wort. A. Paymeat It is expressly agreed and uodentood that the tolll IIDOUlll to be paid by the County under tbia contnlCt shall not exceed $15,000.00. Drawdowm for the paymlDI of eli&ible exp11111e1 all be made against the line itrm budam specified in the Project Budpt and in accordm witb performance criteria eatablilbed in Sectioa 11-C. Tbe parliea apmaly ncopizlD duil the SubGrantee is to be paid with CDBG fbnda received 6om the flclaral .,........_ 11111 dllt the obligation of the County to make paymlDI IO SubOnntee ii o_.i,.., upon receipt ofaucb fbnda. l In the evc:nt that said ftmda. or any part tbereo( are. or become, unavailable, tbca the County may irnrnedi•tely terminete or emend this......-To the cxtmt C.R.S. § 29-1-110 ii eppliceble, any financial obliption of 1be County to the SubGnntee beyond the currmt filcal )al' is a1lo contingent upon adequate fbnda being approprilfed. budgeted and odlerwile available. B. Tlmellae All Project activities will be completed by May 31, 200C unlea this Agreemmt is modified by mutual qreemc:nt of the County and Sub0rmtee. C. Perfonalace Crtaerta In eccordance with 1be ftmdina applic:llion IUbmiUed by 1be Sub0nntee for the Project, the criteria listed below ere to be met durin& 1be •eculion of Ibo Project. 1. The SubGnnlee will povide two home impnMmn lolDI or..-to income eligible P.npwoocl bommwnen. All impofflllCIIII ftmded uadlr Ibis 1J1111 ae to be pabmed in comptiaace with applicable local or iDdullly codel and....._ 2. Community lmplct: By compJelina Ibo project, Ibo SubGnafee will ..... 1be ...... of ....... ..w bomm in Ibo City ofl!npwood by 0.0001%. The Sub0ramee will ,,,.,_ writtm nicarda doc, ...... Ibo Pn,ject'1 OOPPDDly impact for a period offlw yeas fbllowiDa oompllliaD allbe Pn,ject. 1'1lit int,,,.... ii to be made available (...-reqlllll) lo Anplboe CClllllty or lbe U.S. Depatmu of Housing and Urban Dev.,._ for moailalina pcapcw. June 30, 2003: September 30, 2003: December 31, 2003: March 31, 2004: May 31, 2004: No requiremmla establilbecl No requinlnem elllblilbed Market propan, inla'view potmtial clienll Provide one rebebi1ifation Jom/pllll D. Reporting Reqalremeats 1. Project reports will be due within one month following the end of each calendar year quarter (March 31, J1D1e 30, September 30, Decembc:r 31) IDltil the Project is completed. 2. The official annual audit and/or Financial Statemerltl for the SubGrantec in which both revenues and expenditures for the CDBG Projects dcscnbcd herein are detailed are due annually. E. Labor Standards (Davis-Bacon) It is determined that: Project activities do not require compliance with federal labor standards. F. Eavlroameatal Review Notwithstanding any provision of this Agreement, the parties hereto agree and acknowledge that this Agreement docs not constitute a commitment of funds or lite approval, and that such commitment of funds or approval may occur only upon satilfactcry completion of environmental review and receipt by Arapahoe County of a release of funds from the U.S. Dcpartmc:nt of Housing and Urban Development under 24 CFR Part 58. The parties further agree that the provision of any funds to the project is conditioned on Arapahoe County's determinaoon 1D proceed with, modify, or cancel the project based on the rcsulta of a subsequent CDYD'OIIIDelDl review. G. Uaiform Relocadoll Act (URA) Project activities do not require compliance with the Uniform Relocalion Ad. H. Lead Baled Palat The SubGrantcc will comply with County policies and all state and federal regullbOIII and guidelines related to minimizing lead hazarda in residential properties, including 24 CFR Part 35 and Colorado Regulation Number 19. - m. RESPONSIBILITIES OF THE SUBGRANTEE A. Fedenl Complluce The SubGrantec shall comply with all applicable federal laws, repllhOIII and requilemmtl, and all provisions of the pant lg,ccmcnll received fiom the U.S. Depatment of HOUlina and Urban Development (HUD) by the County. Tbeae include but are not limited 1D complilllce with the provisions of the Housing and ComrnlDlity Dcve&opmca Ad of 1974 and all rulea. ,..,Jlltiom, guidelines and circulars promulgated by the vmoua federal deplr1mc,ntl, apncics, ldmvriltntiOlll 3 • t ·"' .. • • • • 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 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 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 businesa enterprise regulations established in 24 CFR part 570.904; 11. Section 3 of the Housing and Urban Development Act of 1968; 12. NOIMliscrimination in employment. cstablisbecl by Executive Order 11246; 13. Lead Baaed paint regulations Cltabliabed in 24 CFR Parts 3S and S70.608; 14. Audit requirements cstabliabed in 0MB Circular A-133; and IS. Cost principles established in 0MB Cireulan A-87 and A-122. Additionally, in accordance with 24 CFR Part 570, no employee. oflicial, agent or consultant of the SubGnmtcc shall exercise any function or responsibility in which a conflict of interest, real or apparent, would arise. The SubGnmtcc cannot cnpge in a fedcnlly funded coatnct with any mtity registered in the Lists of Parties Excluded Prom Federal Procurement or Nonproc:unmmt Progrum. B. Noa-Approprladou Clute The SubGnntec agrees that it will include in t:vf!C'/ ccntract it mtm, which relies upon CDBG monies for funding. a non-appropriation clause that will protect itlelf and the County ftom my liability or responsibility or any suit which might result ftom the ditconrirnwoce of CDBG funding for any reason. Because this SubGnmtee Agreement involves fimds from a federal grant, to the extent there is a conflict the funding provisions of this SubGnntee Agreemmt, the federal grant and the fcdcral statutes control rather tbm the proviaiona of Section 24-91-103.6, C.R.S. with reprd to any public work projects. C. Expeadlture Ratricdou All CDBG fimds that arc approved by HUD for expenditure under the County's pm aarecmmt. including those that arc identified for the SubGrmtee'a Projocta and activitiel, sball be l1located to the specific projects and activities descnl,cd and lilted in the pmt .....-. The llloclled ftmda shall be used and cxpcndcd only for the projocta and activitiel Ccr which the ftmda ae ideatifted. D. Apeemeat Cllupa 4 • • ) No projects or activities, nor the amount allocated lhcrcfor, 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 Sapervidoa ud Admbllltntloa The SubGrantce shall be responn"ble for the direct supervision and administration of its n:spcctive projects or activities. This task shall be accomplished through the uae of the Sub0rantee's staff: agency and employees. The Sub0nntee shall be responsa"ble for my iojmy to penons or damage to property resulting fiom the negligent acts or errors and omiuiona of its staff: apnts and employees. Became the SubGrantce is respo1111"ble for the direct supervision and administration of its projccts or activities, the County shall not be liable or responsible for COit ovanma by the Sub0nntee on any projects or activities. The County shall have no duty or obliplicn to provide my additional funding to the SubGnmtee if its projccts or activities cannot be completed with the ftmds allocalal by the County to the Sub0rantee. Any cost ovanma shall be the sole responsibility of the SubGrantce. 1. The SubGrantce agrees that all ftmds allocated to it for approved projccts or activities shall be used IOlely for the purposes approved by the County. Said funds shall not be used for any non-approved purpoea. 2. The SubGnntee ....,. that the fimda allocated for my appn,ved projccts or activities shall be su.flicicd to complde uid projccts or activitiel witboul my ldditioaal CDBG funding. F. hademalty To the extent allowed by law, the Sub0nntee shall iodmmify and bold bllmlea the County and its elected and appointed ofticiala. offlcen, employees IDd lpnll lom md apinst Ill)' IDd all loaca, damages, liabilities, claims. suits, actions or com, incluctina lllliioe,YS feel. made, mmted or incurred u a result or my damap or alleged damap to pcnon or property occllicned by the acts or omissions or SubGnntee, its officers, employees. ......, coatracton or subconbactors, mising out of or in any way connected with the Project or the pcrfonmnce oftbis CClllnCt. G. Boadlaa ud luanace If the SubGrantce's projects involve construction activities, my Cwla.u it UNI far uid activities shall be required to provide and maintain, until final ~ by the SubGraalee or all wast by such Contractor, the kinds and minimum IIDOUl1II orinlunnce • foUowa: 1. Comprehensive Gcnen1 Liability: ID the 11D01D or noc lea dalll S 1,000,000 camlliDld single limit Covaap to include: L Premilea Openlions 5 .. t .. • • b. Products/Completed Operations c. Broad Form Contractual Liability d Independent Contractors e. Broad Form Property Damage f. Employees 81 Additional Insured g. Personal Injury h. Arapahoe County and the SubGrantec as Additional Named Insured i. Waiver of Subrogation 2. Comprehensive Automobile Liability: In the amount of not less than $1,000,000 combined single limit for bodily injury and property damage. Coverage to include: L Arapahoe Coumy and the SubGnmtec 81 additional Named Insured b. Waiver of Subrogation 3. Employas Liability and Womn Compensation: The Contractor shall secure and maintain employer's liability ml Worka's Compensation Jnsunmce that will protect it against any and all claims resulting fiom injuries to and death of woitcn engaged in work under any contract funded pursuant to this agn,emcot. Coverage to include Waiver of Subrogation. 4. All referenced insurance policies and/or certificates of insurance shall be subject to the following stipulations: L Underwritm shall have no rights of recovery subrogation apimt Arapaboc County or the SubGnmtec; it being the intmt of the parties that the imunmce policies so effected shall protect the parties and be primary coverage for any and all loeaes covered by the deacribed iDlunmce. b. The clause entitled "Other Imunoce Provisiom" contained in Ill)' policy including Arapahoe County u an additional named immed sball not apply to Arapaboc County or the Sub0rlnlee. c. The insurance companies iauing the policy or policies sball have no recourse apimt Anpaboe County or the SubGrantee for payment of any prcmimna due or for any us= 1111IClltl under any form of any policy. d Any and all deductibles contained in any imunmcc policy shall be IIIUIDed by and at the sole risk of the Contractor. 5. Certificate of Insurance: The Contractor shall not commmce wort under any contract funded pursuant to this Agreemmt UDlil be bu submitted to the SubGrantcc, received approval thereof: certificates of imunmcc showing that be bu complied with the foregoing imunmcc n,quirements. The SubGnntee shall also submit a copy of the Contractor's ccrtificatea of insurance to the County. 6. Notwitbstmxting the proviliom contained in this pll'IIJlpb (H) aet forth bcrcinabovc. the County relCll'WI the ripl to modify or waive aid pn>viliom for projects or activities for wbic:b tbcle provilionl would prove prohibitive. The ' • t .. • • J / (J SubGrantce 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 1iom each bidder equivalent to 5% of the bid price; A performance bond on the part of the comractor for 100'/o of the contract price; and A payment bond on the part of the contractor for 100'/o of the contract price. H. Records The SubGrantcc shall maintain a complete set ofboob md records doc:urnenting its use ofCDBG funds and its supervision md adrninistntion of the Project. Records are to include doc:urncntation verifying Project eligibility and nationai objective compliance, u well u financial and other administrative aspcc:ts involved in perfonning the Project. The SubGrantec shall provide full access to these books and records to the County, the Secretary of HUD or bis designcc, the Office of Inspector General, and the General Accounting Office 10 that comptiancc with Fedenl laws and regulations may be c:onfumcd. The SubGrant.ec further agrees to provide to the County upon request, a copy of any audit reports pertaining to the SubGrantce'I financial operations during the term of this Agreement All records pertaining to the Project are to be maintained for a minirnmn of five )al'S following close-out of the Project. The SubGrantcc shall file all reports and other informalioa neccmay to comply with applicable Federal laws and regulations u requjrcd by the County and HUD. Thia sball include providing to the Coimty the information nec:csmy to complete annual Pcrtbnmncc Reports in a timely fashion. J. Tlmellaea The SubGrantce shall comply with t':!e quartaty pcrfonmnce llaDdanla emblilbcd in Section n-e of this Agreement The SubGnmtee w.dalllmda that failure to comply with the cstab~ standards may lead to a c:anccllatioo of the Project and a Joa of all unexpended funds. K. Reimbanemeat for hpeuel The SubGrantcc agrees that before the County can distnllule any CDBG funds to it, the SubGrantce must submit to the County's Houain& and Community Devclopmml Scrvicca Division documentation in the form requjrcd by that Division wbicb properly and ftdly idedifiea the amoum which the SubGrmtee is requealina • that tune. The County mall haWI tm (10) wodana days to review the request. Upon appoval of the requeat. the COUllly will diluibulle the requemd funds to the SubGrmtcc as 9000 u poaible. 1 t • • Program income received by the SubGnntee fi:om loans made under this Agreement is to be retained by the SubGrantee for the PU1J>01e of providing fhrtbcr housing rehabilitation loam or grants. After the cmnulative amount of funding provided under this Agreanent bu been recycled in its entirety one time, the SubGrantee may retain all future revenue. Should the SubGrantee's Housing Rehabilitation program cloae before the SubGraDtee bu recycled the entire amount of funding provided under this Agreement, the SubGrantee will continue remitting program income to the County until the cmnulative amount of funding bu been returned or recycled. M. Real Property Real property acquired in whole or in part with CDBG funds shall be utiliml in accordance with the scope and pis identified in Sectioaa I and D of this Apeement Should the pn,perty in question be sold or otbenviae diapoeed ot: or the approved pn,perty map dil'contirnaed, the SubGrantee shall adhere to the n,quhcmeuU of24 CPR Pam 84 or 8S (• appliclble) n,prding the use and dilpolition of real property. N. State ud Couty Law Complluce All mpona1bilitie1 of the SubGrantee enumcnted herein shall be subject to applicable Stale statutes and County ordirlm!Q!!I, rmolutiOIJI, rules, and regulalioaL O. Sabc:olltndl If subcootnic1s are uaed on the Project, the SubGnntee .-dllt the provilioal of this ApOCIDCIIII shall apply to ID)' aubwotaa. P. Stupealloa or Teneh.,._ Thia Agreemmt may be '"'Pfflded or fmrrineted by the County if the SubOaalee maaiaUy faila to comply with any term of this Aweement Thil ~ may allo be taMOioeted filr convenic:nce by mutual agreement of the County IDd the SubGnallle. Q. In the event that the Unit of General Local Govanmaal lbould withdraw fi:om the County's "Urban County" designation, this A.-lhall lmDinlfe • of the tmninetioo date of the Cowity's CDBG grmt Agreement with HUD. R. The SubGnmtee certifies that to the best of ita knowledp and belief. 1. No Federal appn,prieted fimda have been paid or will be paid. by or cm blbalf of it, to any penaa filr inO,NIICUII or ft+·•l':iaa lo iaf\w,• Ill ofllcs or....,. of any ...-:y, a Member of Qiaa1w. Ill oftlcs or ....,. of C..-. or Ill employee of a Member of Conpa in anM!dilm wida lbe awadiec of my Fedcnl COD1E"1Ct, the m1kina of Ill)' Fedlnl ..-. 1be ED1kina of my Fedml lam. 1be entaina in1o of any a.opaaliw ......-. and lbe ••llli«I. OOIHbllHlbOG. 8 .. • t .. • • 2. renewal, amendment., or modification of any Federal contract, grant. loan, or cooperative agreement; and. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to intlumce an officer or employee of any agency, a Member of~ an officer or employa, of Conpaa, or an cmploya, of a Member of Congress in connection with this Federal contract, grant. loan, or cooperative agreement, it will complete and submit Standard Form-UL, "Disclosure Form to Report Lobbying." in accordance with its inllructiona. S. Dlullowaace If it is determined by HUD or other federal agency that the expenditure, in whole or in part, for the SubGnmtee's Project or activity wu improper, inappropriate or ineliga"ble for reimbunement, then the SubGnmtee shall reimbune the County to the full extmt of the dillllowance. IV. RESPONSIBILITIES OF THE COUNTY A. Admllllltratlve Coatrol The Parties recognize and understand that the County will be the aovemmental entity required to execute all grant agreements received fiom HUD pursuant to the County's n,questa for CDBG funds. Accordingly, the SubGnmtee agrees that • to its pn>jects or activities pafauoed or conducted under any CDBG agreement, the County sball have tbe nee: ry adminismave ccmol required to meet HUD n,qujnmmts. B. Perf'ormuce ud Compllaace M0111mrta1 The County's admiuimative obliptiona to the Sub0raotee punullll to .-.apb A above shall be limited to the performance of the adminismdive talks nee ry ID make CDBG ftmds available ID the SubGnmtee and to provide a Monitoring Specialilt whMe job it will be ID monitor tbe various projects funded with CDBG monies ID monitor compliance wi1b applicable Federal laws and regulations. C. Reportiaa to HUD The Cowity will be responsible for seeing that all necessary reports and inbmalion required of tbe Cowity are filed with HUD and other applicable Fecknl agencies in a timely fMbion. V. EXTENT OF THE AGREEMENT This agreement, including any documents allacbed • cxhtl>its wbicb are hereby iDcorponled hnin by reference. represents the entire and intep'ated aareemmt betwem the County and Sub0nnlee and superccdes all prior nepaaiona, 1ep.ew1111i,om or..,....., ei1ha writtm or cn1. Aay amendments to this agreement must be in writing and siped by bocb the County and SubGnata 9 • • If any portion of tbia agreement ii round by a court of competent jurisdiction to be void and/or unenforceable, it ii the intent of the parties 1hlt the ffll1aining podiom oftbia qimnem lball be of full force and effilct. 10 In Witness Whereof: the Parties have caused this Agrecmmt to be duly executed this-----day of ___________ ......12003 . SubGraotee: City ofF.nglewood Signature Title Board of County Commiaionen Arapahoe County, Colondo Justin A. Hamel on behalf of the Board of County Commiaionen Pursuant to Resolution #030121 11 PROJECT BUDGET -· COLUMN A COL1JMNB COLUMNC COLUMND ............. .......TalllClllllf CNG,_. Odlll'hNIC...-. ......,.., ...... MMr ........... j ••• 110.000 SZ.000 ll,,000 u-'pit ..... 141,000 m.ooo W.000 TOl'AL: --as• s».DDD 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 Community Services Department (hereinafter referred to as the County) and the City of Englewood (hcrcinafter referred to as the SubGrantee) for the conduct of a Community Development Block Grant (CDBG) Project I. PURPOSE The primary objective of Title I of the Housing and Community Development Act of 1974, as amended, and of the Community Development Block Grant (CDBG) Program upder this Title is the development of viable urban communities, by providing decent housing. a suitable living enviromnent and expanding economic opportunities, principally for low and moderate income persons. The project by the SubGrantec known as the House of Hope Staffing Project (Project) has been catcgorizcd as a Public Services project and the SubGrantee will maintain documentation with the national objective of Limited Clientele activities. The SubGrantee may proceed to incur costs for the Project upon receipt of an official "Notice to Proceed" from the County. D. WORK TO BE COMPLETED BY THE SUBGRANTEE The following provisions outline the scope of the work to be completed: The SubGrantee will utilize CDBG funding to provide lltaffing at the House of Hope, which provides long term shelter and supportive services for homeless families. A. Payment It is expressly agreed and understood that the total llDOUDt to be paid by the County under this contract shall not exceed $50,000.00 . Drawdowns for the payment of elip"ble ClpallCI shall be made against the line item budpcs specified in the Project Budpt IDd in accordlnce with performance criteria established in Section ll-C. The partiea cxprellly recopize that the SubGrantee is to be paid with CDBG NIida received &om the f'edsal aovemmm&, IDd that the obligation of the County to make payment to SubGnmlee ii coatinpnt upon receipt of IUCb funds. In the event that said funds, or any part thereof: are, or become. unmailablc, Ihm the County may l I II t .. • • immediately terminate or amend this ap,ement. To the extent C.R.S. § 29-1-110 is applicable, any financial obligation of the County to the Sub0nntee beyond the current fiscal year is also contingent upon adequate tunda being appropriated, budgeted and otbawiae available. 8. TlmeUae All Project activities will be completed by May 31, 2004 unless this Agreement is modified by mutual agreement of the County and Sub0nntee. C. Performance Criteria In acconbmce with the f.\mdina applicalioo sulxniUed by the Sub0nntee for the Project, the criteria listed below are to be met during the exec:utioo of the Project. 1. Quantifiable Goals: The SubGrantee will utiliz.e COBO tunda for the continued employment of one fbll time cue manapr and one family advocate at the HOON of Hope (3301 South Gnat Street, Englewood). Both poaitiona will be employed by Fllllily Tree, which pn,videl ltaffina and servicea at the facility. By rnarntairrina the two politiona, the SubGrmtee will provide services for a minimum of 10 hnmelea fimilia per month for the dunlion of the grant period. The SubGrantee may not cbarp feel or accept damliom tbr ISVicel provided under this grant. 2. Community Impact: During the coune of the project, at lellt 75% of the &miliel reaidiq at the HOON of Hope will meet the bouliq. employmmt, educalion, IDll odl« pla of their family plans . The Sub0nmtec will nuriotain written records documentin& the Project's community impact for a period of five yas followina completion of the Project. This informalion is to be made available (upon n,qumt) to Allplboe County or the U.S. Departmmt of Housing and Urban Development for monitorina J'UIPC*I. 3. Quarterly Performance Standards: June 30, 2003: Provide ISVicea to 10 familiel September 30, 2003 : December 31 , 2003 : • • -·- ' • ) March 31, 2004: May 31, 2004: D. Reportina Reqalremeaa Provide services to 10 families each month Provide services to 10 families each monlb Submit final drawdown and completion report to County 1. Project reports will be due within one moatb followins the end of each calendar year quarter (March 31, June 30, September 30, Decanber 31) until the Project ii completed. 2. The official mmual audit and/or YIIIIDCial S1+1MU1 for die Sub0natee in wbic:b bodl revenues and expenditurel for die COBO Prajecta dlmibed bsein are detailed are due annually. It is determined that Project activities do not require compliwe witb Wnl llbcir ..... ._ F. Eavlroameatal Rfflew Notwithstanding any provision of this~ tbe,... ..._ .-..S aDOWleclll 1111& this Agreement doel not COlllli1ute a «MIMI ·1 -of .... • lill applVVII. ..S .. 1111:il commitment of fimda or approval may occur cmly IIPCID ........,. cc 1ld• ol ...,iac •• ...., review and receipt by Anpaboe County ofa relwe offtindll ha .. U.S. DlpailFWI ollloalias and Urban Development under 24 CFR Pat SI. Tbe paniel ...._ .. 1111& die pnJ¥ilicm of my funds to the project is conditioned on Arapahoe Coun!y'1 ..,.,,. i..,.... ID pn,ceed wilb, modify, or cancel the project based on the results of a mblequml .mia......., NViaw. G. Uniform Relocadoa Act (URA) Project activities do not require compliance with the Unifan.a IWor.llicm Act. m. RESPONSIBILITIES OF THE SUBGRANTD A. Fedenl Compllaace The SubGrmtee shall c:anply with all app-'ic.W. ........... •rl si wad a C M, al Ill provisions of the.-..-...,,.. ha .. U DQ& r ol ...... _. U.- Development (HUD) by tbe COUl!ly. n.. _.. N • .. lillillll ID C ff I wi6 .. provis1oal of the Houlilt al C icy Dlu I s s ti 1'74 _. • flllll. .. H,-. pidelines and ciraalan pn, Ps f lliy .. ._ .._. C s tr I iet, C . . Ii .. l t • • 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 ofl964; 4. Title vm of the Civil Rights Act of 1968; 5. Sections 104(b) and 109 of the Housing and Community Development Act ofl974; 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 F.oergy Policy and Conservation Act (Public Law 94-163) and 24 CFR. Part 39; 10. Equal employment opportunity and minority business cntaprisc 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 consultant of the SubGrantcc shall exercise any function or respon11"bility in which a conflict of interest, real or apparent, would arise. The SubGrantcc cannot engage in a federally funded COlllnlct with Ill)' entity registered in the Lista of Parties Excluded From Federal Procurmimt or Nonprocurancnt Programs. B. Noa-Approprlatlou Claue The SubGrantcc agrees that it will include in cv«y contract it enters, which relics upon CDBG monies for funding, a non-appropriation clause that will protect itself and the County fiom any liability or responsibility or any suit which might result fiom the disconlinuance of CDBG fimdma for any reason. Because this SubGrantcc Agrecme:nt involves funds from a federal grant, to the extent there is a conflict the funding provisions of this SubGrantcc Agreement. the federal grant and the federal statutes control rather than the provisions of Section 24-91-103 .6, C.R.S. with regard to any public work projects. C. Expenditure Restrictions All CDBG funds that are approved by HUD for expenditure under the County-a pant agreement, including those that are identified for the SubGrantcc'a Projects and activities, aball be allocated to the specific projects and activities described and liated in the grant qreemmll. The allocated ftmda shall be used and expended only for the projects and activities for which the ftmda are idmtified. D. Agreement Chances 4 • • • ) • No projedl or activilill, nor die ...,. ellocaled tllmdlr, may be c:hlllpd wi1bout approval by the COUllly and accepla.ce of die l'ffllld Pillll S, n •• IO/JJ« Comolidaeecl Pim by HUD, if required. Ollnp 111111t be requ •••II iD wri2iDa and may not hep umil a moctificalion to tbia ApeenNm2 ia ftaDy aeculld. I. Dlnctl'njedS.,..tlll .... , 7 _...._ The SubCirldee sbaU be ft1111 _. b die dnct ~ and ldminillrlDOD of ita rapective projem or activi1ia 1'bil 111k _,, be • c •"6+-7 llnaala die ao of the SubGnanee'a llaft 1111111:Y al miployw. 1be s.bOrllllll _,, be nap l'NillFI b aay qmy IO penaaa or damp to pmperty ......._ ha die...,. _.._. .... _.,rm. · .. ofila ~..-and anployeea. Becw die SubOnaSN ia ft1111 niNI b 0. dnct ... ,.. al lllrnioalliuu ofita pn,jectl or amvitiel, die COIFIIS)' .:.0 not be Fiallle ar ft1111 IIINI b COl9 OWIIUIII by the SubOnaSee OD aay pnijecta or acmsia 1be C-, mll haw • dllly • ahFpim IO )IIV¥ide aay additioaaJ ftladina IO die SubOnlllSN if ill pnijecta or ICli¥iniea camat be cm71 Fdrll wilb the flmda aDoc:ated by die CoUIFly IO die SubGnalee. Any COl9 ovm,m lbaFl be die ao7e nllpODl!l,ility of the SubGnalee. ,. 1. The SubGnanee .-lbal all flmda ellocaled IO it far appoved projects or activities lbaFl be 111111 aollFy b die plllJICJIII ..,aoved by the Coaany. Said fbnda shall not be 111111 b aay DGIHpplG¥ed...,.... 2. The SubOnlllSN .-lbal die 6ala aDoc:l9ld b aay appoved pn,jecta or activities .:.:J be _._. IO c ...... llid pn,jecea or IC1ivitiea witbout ID)' ldditiom1 CDBG ...... To die m11112 a7lowed by law, die S-0... -0 indm!nifY and bold lwmleaa the County and ita elecled and ........ offlciala,, offlcln. miployeea and ..... 6am and apinat Ill}' and all loaea, ,1pyn I , lillliliaiea. cllima. ....... ar 00191. iacFodina ....,ya feel, made, UIClted or incumd • a ...is of aay ..... or alJeard ........ IO penan or property occaioned by the acta or omilliont of SubOnalee, ita oflicat, emplo),eea. ...... coaeractm or subcontractors, arising out of or in any way connected with the Project or die psbmance oftbia conlnlct. G. ......... ...... If tbe SubGnatee'a projects involve c:onaeructioa activitiea, ID)' COllhCtlDr it uses for said activities sbaD be requind 10 provide and mein«ain nil 61111 aepla.W.e by the SubGranlee of all wodc by such Comactor, tbe mm al arininuD 11D111F1121 ofinmnmce • followa: t. Cw.pabeuaive Gms11 Liability. ID tbe amount of not leaa drm Sl,000,000 combined sina)e limit. COWlll' IO include: L Pnmi.-Opmliolll 5 .. • • • • 2. b. Products/Completed Opennom c. Broad Form Coalraclual Liability d. Independent Coablctun c. Broad Form Property Damap f. Employees • Additional Imured g. Personal Injury h. Arapahoe County and the SubGnmtee • Additional Named Insured i. Waiver ofSubroption Comprebemive Automobile Uability: In the amount of not lea than Sl,000,000 combined aingle limit tbr bodily injury and property damage. Coverage to include: L Arapaboe County and the SubGnmtee • additional Named lnswed b. Waiver ofSubroption 3. Bmployn Uability and Wodcen Compenution: The Contractor shall secure and rr+i141in employa'a liability and Wocbr'a Compensation Insurance that will protect it apimt any and all claims resulting from injuries to and death ofwomrs engaged in wort lllldcr any coanct fimdcd pursuant to this agrcanent. Coverage to include Waiver ofSubroption. 4. All 1efena:ed insurance policies and/or certificates of insunmce shall be subject to the following stipulaiiODI: L Underwriten sball have DO rights of recovery subrogation against Arapahoe County or the Sub0rmtee; it being the intmt of the parties that the insurance policies 10 etfected sball protect the parties and be primary covaage fur any and all loaaea covered by the dcac:n"bcd imunmce. b. The clause entided ·Other Insurance Provisions" contained in any policy including Arapaboe County u an additional named, insured sball not apply to Arapahoe County or the SubGnntec. c. The insurance companies iauing the policy or policies sball have DO recourse against Arapahoe County or the Sub0rmtec for payment of any premiums due or for any aaeamenta under any fmm of any policy. d. Any and all deductibles contained in any inaunmce policy shall be ISIUDled by and at the sole risk of the Contractor. 5. Certificate of Insurance: The Contractor shall not commence worll: under any contract funded pursuant to this Agreement until he his submitted to the SubGrantcc, received approval thereof: certificates of inaunmce showing that he his complied with the foregoing insurance rcquiremmla. The Sub0rmtec shall also submit a copy of the Contractor's certificates of inaunmce to the County. 6 . Notwithstanding the provisiooa cootaioecf in this plllll'lph (H) set b1h hereinabovc, the County rescnea the riabt to modify or waive said provisions for projects or activities for which theae provilions would prove prohibitive. The 6 ... .,. . ' .. t • • SubGrantce 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 requirements shall apply to all projects exceeding the simplified acquisition threshold: 1. 2. 3. A bid guarantee from each bidder equivalent to S% of the bid price; A performance bond on the part of the contractor for 100% of the contract price; and A payment bond on the part of the contractor for 100'/o of the contract price. H. Records The SubGrantee shall maintain a complete set ofboob and reconla documenting its use ofCDBG funds and its supervision and administration of the Project. Recordl are to include docuJnentation verifying Project eligibility and national objective compliance, as well u financial ml other administrative aspects involved in performing the Project. The Sub0ranlcc sball provide full access to these books and records to the County, the Secretary of HUD or his designee, the Office of Inspector General, and the Qener,tl Accounting Office ao that compliance with Federal laws and regulations may be confirmed. The SubGnmtee further agrees to provide to the County upon request, a copy of any audit reports pertaining to the SubGrantee'11 financial operations during the term of this Agreement. All records pertaining to the Project are to be rnaintai:oed for a minimum offive years following close-out of the Project. I. Reporda& The SubGrantce shall file all reports and other information neceuary to comply with applicable Federal laws and regulations as required by the County and HUD. 'Ibis sball include providing to the County the information necessary to complete IIIDUll Pcrformance Rq,orta in a timely fashion. J. Tlmellaeu The SubGrantce shall comply with the quarterly performance mndarda Clllablilbed in Section 11-C of this Agreement. The SubGnmtee undentanda that faihn to comply with the eltlbli.shcd standards may lead to a cancellation of the Project ml a loa of all unexpended ftmda. K. Reimbunemeat for Expemes The SubGrantee agrees that before the County can distribute any CDBG funds to it, the SubGrmtee must submit to the County's Housing and Community Devclopmcnt Services Division documentation in the form required by that Division which properly and tblly idcntifiel the amount which the SubGrantce is requesting at that time. The County sball have ten (10) workiua days to review the request. Upon approval of the request, the County will dillribute the reqUlllted funds to the SubGrantee as soon as poSS1'ble. L. Proanm Income 7 t .. .. • • ) All program income directly derived from the Arapahoe County Community Development Block Grant Program received by the SubGrantee will be retained by the SubGnmtee and will be dispersed for its approved CDBG Project activities befoie additional CDBG t\mds are requested from the County. Following completion of the SubGnmtee's Arapahoe County CDBG Projects, all program income directly generated from the use ofCDBG funds will be remitted to the County. M. Real Property Real property acquired in whole or in part with CDBG funds shall be utilized in accordance with the scope and goals identified in Sections I and II of this Agremneot. ShouJd the property in question be sold or otherwise disposed o( or the approved property usage ducoD1irnied, the SubGrantee shall adhere to the requiranems of24 CFR Parts 84 or 85 (• applicable) repnting the use and disposition of real property. N. . State ud Cowaty Law Complluce All respoD11'bilities of the SubGnmtee ammenled bmin lball be subject to applicable State statutes and County ontinances, reaolutions, rules, and regulaliona. O. Sabcontncta If subcontracts are used on the Project, the SubGnmtee agrees that the provisions of this Agra:ment sball apply to any subcontract. P. Supemioa or Termbladoa This Agreement may be IIISpeDded or terminated by the County if the SubGnDlee materially fails to comply with any term of this Aa,erment. Thia ~ may lllo be taminated b convenience by mutual qreement of the County and the Sub0rmlee. Q. In the event that the Unit of General Local Oowmmeat lbould withdraw fiom the County's "Urban County" desigmlioo, this Agreement shall terminate • of the ternrinatioo date of the County's CDBG grant Agreement with HUD. R. The SubGrmtee certifies that to the best of its lcnowlodge and belief 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence 111 officer or mnplo)"le of any agency, a Member of Congras, an officer or mnployee of Conarea, or 111 emplo)"le of a Member of Conar-in connection with the awarding of any Fedenl contract. the makin& of 111y Fedenl arm. the making of any Pedenl loan, the entering into of any coopalive aarermem, and the extmlioa, cumanetioa, renewal, amendment, or modific:atioa of any Fedlnl coatnct, pat. lam, 2 cooperative agreement; and, 8 .. t .. .. • • s. 2. If any funds other than Federal appropriated fimds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress. or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standani Fonn-LLL, "Disclosure Fonn to Report Lobbying." in accordance with its instructions. Dlullowaace 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 wu improper, inappropriate or incligi"ble for reimbursement, then the SubGrantec shall reimburse the Cowity to the full extent of the duallowance. IV. RESPONSIBILITIES OF THE COUNTY A. Admllllltradve Coatrol The Parties m:ognizc and understand that the Cowity will be the governmental entity n,quired to execute all grant agreements received from HUD pursuant to the County's requests for CDBG fimds. Accordingly, the SubGrantcc agn,cs that u to its projects or activities performed or conducted wider any CDBG agreement, the Cowity shall have the necessary administrative control n,quircd to meet HUD n,quirements. B. Performance ud CompUuce MOD1torta1 The County's administrative obligations to the SubGrantcc pur1U1Dt to paragraph A above shall be limited to the pcrformancc of the administntivc tab DOCellll)' to make CDBG funds available to the SubGrantec and to provide a Monitoring Specialist wboac job it will be to monitor the various projects funded with CDBG monies to monitor compliance with applicable Federal laws IDd regulations. C. Reportbt1 to BUD The County will be responsible for seeing that all necessary reports and information n,quired of the County arc filed with HUD and other applicable Federal agencies in a timely fashion. V. EXTENT OF THE AGREEMENT ---·:i. This agreement, including any documents attached u exlu"bits which arc hereby incorporated herein by reference, represents the entire and integrated agreement between the County and SubGrantec and supcrccdes all prior negotiations, aq,.eaentatiom or agreements. either written or oral. Any amendments to this agreement must be in writina and sianed by both the County IDd SubGnnta If any portion of this agreement is found by a court of compelml jurildiction lo be YOid and/or • • 1menf'orceable, it ia the intent of the parties that the Jimng portiona of this asreement shall be of full force and effect 10 In Witllell Wbaeo( the Parties have camed this Apeement to be duly e:ucuted this----day of ___________ __,2003. SubGrantee: City of Englewood Signature Tide Justin A. Hamel on behalf of the Board of County (",,ammiuic,ncn Pursuant to Reaolution #030121 11 PROJECT BUDGET COLUMN A COLUMNB COLVMNC COLtJMND ....... MIMIII r..... ....... c..., CNG._. c-. .... c..-.. (.....,.., ..... Mlhllf ~ Sllllkll ...... 1213,1114 S,0,000 IZ33,014 'l'Ol'AL: 1213,1)14 S,0,000 IZ33,014 SUBGRANTEEAGREEMENTFOR ARAPAHOE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS SUBGRANTEE: CITY OF ENGLEWOOD PROJECT NAME: BOMEOWNltll FIX-UP PROJECT NUMBER: ENRB 308 This Agreement is made by and between the Board of County Commiaioners of the County of Arapahoe, State of Colorado, for the Community Development Bloclt Gnnt Propam in the Community Services Department (bc:reinafter referred to u the County) and the City of P.nglewoocl (hseinafter referred to u the SubGrantee) for the conduct of a Community Development Bloclt Gnnt (CDBG) Project. L PURPOSE The primary objective of Title I of the Housing and Community Development Act of 1974, u amended, and of the Community Development Bloct Gnnt (CDBG) Proaram under dUI Trtle ii~ development of viable urban communities, by providina decent bolllin& a suitable living enviroomci.. .md c:xpandina economic opportunities, principally for low and moderate income palOIII. The project by the SubGrantee known • the Homeowner F°IX-up Project (Project) mil been catcaorizcd u a Housing R.ebabilitation project and the Sub0raatee will l'DIUMD documadllion with the mlional objective ofl.ow/Modente Income Housing activitiea. The SubGrantce may proceed to incur com for the Project upon receipt of an official "Nocice to Proceed" from the County. 0. WORKTOBECOMPLETEDBYTBESUIIGRAN'D& Th!= following provisions outline the acope of the work to be compleced: The SubGrantee will utim.e CDBG funding to provide p11111 to income elip,le bamoownm for exterior home improvements. The intent of the project ii both to improve the Bnpwoocl'1 ailtiDa bouliDc ltock, as well u improve the visual appearance of deteriorated neipborboodL Typical iwp.o.....aa may include (but are not nccesaarily limited to) paint, sidina. windows. roo&. llld xcrilclpina. A. Paymeat It is expressly agreed and undentood 1h11 the IDtll 11DOU11t to be paid by the COllllly uads dlil contract shall not exceed $45,0N.OO. Dnawdowm for the paymmt of elip,le a,... all be made against the line item budpta specified in the Project Budllt 111d in 8CCOldlnce wilb performance criteria eatablilbed in Section 11-C. Tbe plltiel apNllly nicopize 1bat the SubGranlee ii to be paid with CDBG ftmdl rawd hm the 11111111 P•W 111d 1bat the l .. I C t .. obligation of the County to make payment to SubGnmtec ii contingent upon receipt of such funds. In the event that said funds, or any part thcrco( arc, or become, unavailable, then the County may irnrncdiatr:ly terminate or amend this agreement. To the extent C.R.S. § 29-1-110 ii applicable, any financial obligation of the County to the SubGnmtec beyond the cum:nt fiscal )al' ii allo contingent upon adequate funds being appropriated, budgeted and otherwise available. 8. Tlmelbae All Project activities will be completed by May 31, 2004 unless this Agn,ernent ii modified by mutual agreement of the County and SubGrantee. C. Performuce Criteria In acc:ordance with the funding application submitted by the SubGnmtec for the Project, the criteria listed below arc to be met during the execution of the Project. 1. Quantifiable Goals: The SubGrantec will provide SJ8n11 to rcnovatr: the exterior of nine owner occupied homes. Grants arc not to exceed $4,000 each, and will require a 20% match from each borneowncr. All improvements completed under this grant are to be perfurmed in compliance with applic:lble local or indullly codes and ltaDdardL 2. Community Impact: By completing the project, the SubGnmtec will reduce the number of dcterionted homes in the City off.nalewood by 0.0001 %. The SubGrantce will DYlintaio written records doaPDffltina the Project's conmumity impact for a period of five years fi>Dowioa compllllion of the Project. 'Ibis infi>nnllioo is to be made available (upon request) to Anpaboe County or the U.S. Department of Housing and Urban Development for monitoring purpoaes. 3. Quarterly Performance Standarda: June 30, 2003: September 30, 2003: December 31, 2003 : No requiremenls establisbed Hire imru to perfi>no project Propn JIIMbtin& Provide oae tmOVllion l'lm Provide two nnoVllioD 11'11111 • t • • March 31, 2004: May 31, 2004 : D. Reportin1 Requirements Provide three renovation grants Provide three renovation grants Complete all renovations funded by project Submit final drawdown and completion report to County 1. Project reports will be due within one month following the end of each calendar year quarter (March 31, June 30, September 30, December 31) until the Project is completed. 2. The official annual audit and/or Financial Statements for the SubGrantee in which both revenues and expenditures for the COBO Projects descn"bed herein are detailed are due annually. E. Labor Staadardl (Davll-Bacoa) It is detcrfuined that: Project activities do not require compliance with federal labor standards. F. Eaviroameatal Review Notwitbstaocliug any provision of this Agrerment, the parties hereto agl'ee and acknowledge that this Agreement does not constitute a commitment of ftmdl or site approval, and that such commitment of funds or approval may occur only upon satisfactory completion of eavilOmnemal review and receipt by Arapahoe County of a release of funds fiom the U.S. Department of Housing and Urban Development under 24 CFR. Part SB. 1bc parties further agl'ee that the provision of my funds to the project is conditioned on Anlpaboe County's determination to proceed with, modify, or cancel the project baaed on the results of a sublequent environmental review . G. Uaiform Relocadoll Act (URA) Project activities do not require compliance with the Uniform Relocation Act. H. Lead Sued Palat The SubGrantee will comply with County policies and all state and fedcnl rqiulatiom and guidelines related to rniuirniziog lead bazarda in residenaial properties, including 24 CFR. Part 3S and Colorado Regulation Number 19. m. RESPONSIBILITIES OF THE SUBGRANTEE A. Federal Complluce 3 .. t • • ) ., The SubGrantee shall comply with all applicable federal laws, regulations and requirements, and all provisions of the grant agreements received fi:om 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 federal departments, agencies, adrnioistrltions and commissions relating to the CDBG Program. A listing of some of the applicable laws and regulations arc as follows: 1. 24 CFR Put 570; 2. 24 CFR Puts 84 and 85; 3. Title VI of the Civil Rights Act of 1964; 4. Title vm of the Civil Rights Act of 1968; 5. Sections 104(b) and 109 oftbc Housing and Community Development Actofl974; 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 establilhed in CPD Notice 90-44; 9. The Energy Policy and Conservation Act (Public Law 94-163) and 24 CFR Part 39; l 0. Equal employment opportunity and minority buaioea enterpriac 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 OnSer 11246; 13. Lead Bued paint regulations established in 24 CFR Parts 35 and 570.608; 14. Audit requirements establilhed in 0MB Circ:ullr A-133; 111d 15. Cost principles established in 0MB Cin:ulln A-87 and A-122. Additionally, in accordance with 24 CFR Part 570, no employl,e, oflicial, apal or comullaat of the SubGnntee shall exercise any function or reapomibility in wbich a conflict of imn1t, real or apparent, would arise. The SubGrllltoe CIDDOC enpp in a fildenUy funded CClllllact with ID)' mlity registacd in the Lists of Parties Excluded FIOID Fodal Proc:unmmt or NcqaocwClbm& Programs. B. Noa-Approprlatlou Claase The SubGrantce agrees that it will include in every contract it eaten, wbich relics upon CDBG monies for funding. a non-appropriation clause that will protect itlelf and the County fiom ID)' liability or responsibility or any suit which mipt rmult from the dilco11rin1111,cc of CDBG ftmdina for any reason. Because this SubGnntee ~ involvel ftmda fiom a fedn1 .-. to the extent there is a conflict the funding provisiom oftbia Sub0nntoe ~ the fodenl .-ml the federal statutes control ralbcr than the provilioaa of Section 24-91-103.6. C.R.S. wida reprd to any public work projects. C. Expenditure Restrictlou t • • -.. 0 All CDBG funds that are approved by mm for expenditure under the County's gi,mt agreement, including those that are identified for the SubGrantec's Projects and activities, shall be allocated to the specific projects and activities described and listed in the grant agreements. The allocated funds shall be used and expended only for the projects and activities for which the funds are identified. D. Ap'eemeat Claaaps No projects or activities, nor the amount allocated tbcrcfor, may be changed without approval by the County and acceptance of the revised Final Statement and/or Consolidated Plan by mm, if required. Changes must be requested in writing and may not begin until a modification to this Agreement is fully executed. E. Direct Project Sapervisioa and Admialltratloa The SubGrantec shall be rcsponsll>le for the direct supervision and administtalion of its respective projects or activities. This task shall be accomplished through the use of the SubGrantec'a sbUt agency and employees. The SubGrantec shall be respo1111l>le for any iojmy to pcnona or damage to property resulting from the nc-e?:.= = or :rors and omiaicJm of i11 llaf( agen11 and employees. Because the SubGrantcc is respons1l>lc for the direct superviaion and adminimation of ill projects or activities, the County shall not be liable or respo1111l,le for COit ovemma by the SubGrantec on any projects or activities. The County shall have no duty or obliption to provide any additional funding to the SubGrantcc if its projects or activities cannot be completed with the tunda allocated by the County to the SubGrantec. Any COit ovanma sball be the sole rcapon111>ility of the SubGrantcc. 1. The SubGrantec 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 purpoaea. 2. The SubGrantcc agrees that the funds alloc:ated for any approved projects or activities shall be sufficient to complete said projects or activities without any additional CDBG funding. F. Iademalty To the extent allowed by law, the SubGrantec shall indemnify and hold harmless the County and its elected and appointed officials, officers, employees and lpllll fiom and apiDlt any and all losaea, damages, liabilities, claims, suits, actiooa or COila, includina aatomeys fees, made, IIIClted or incurred as a result of any oamage or allepd damaae to penon or property occasioned by the Ida or omissions of SubGrantcc, its ofliccn, employees, l,mll, contncton or IUbc:oatracton, ariaina out of or in any way connected with the Project or the perfonnmce of this contract. G. Boadilla ud luanace s t • • If the SubGrantce's projects involve c:onstruction activities. any Contractor it uses for said activities shall be reqwred to provide and maintain, until final acceptance by the SubGrmtec of all work by such Contractor, the kinds and minimum amounts of insurance u follows: l. Comprehensive General Liability: In the amount of not leu than $1,000,000 combined single limit Coverage to include: a. Premises Operations b. Products/Completed Opentioaa c. Broad Form Contractual uability d. Independent Contracton e. Broad Form Propaty Damage f. Emplo)'ecs u Additional lmured g. Penoml Injury b. Arapahoe County and the SubGrantce u Additional Named Insured i. Waiver of Subrogation 2. Comprehensive Automobile Liability: In the amount of not leu than $1,000,000 combined single limit for bodily injury md property damage. Coverage to include: L Arapahoe County and the SubGrantce II additional Named Jnsured b. Waiver of Subrogation 3. P.mployaa Liability and Womn Compmsation: The Coutlactor shall aecure and maintain emplo)W's liability and Womr'1 Ccqcwwtioa llllurmce that will protect it apiDlt any and all claima raultiq &om bgmiel to and dealb ofwmaa cnppd in work under any contract funded punuant to due agreement. Covmae 1o include Waiver of Subropaioa. 4. s. All 1efercnced imunDce policies IJJ/J/a, c:ertificalel of iDlurmce lbaD be subject to the following stipdationa~ L Underwritss lhall have DO npll of recovery lllbroplion apimt Anpaboe County or the SubGranlee; it beina tho inlmt of tho partiea 1bat the inammce policies IO eftic:ted lhaU protect the pll1iea and be primary covmge for any and all loaea covered by the cleacnlled UIIUllbtCI. b. The claaiae enlitled "Other IDlurmce Proviaicm" cnolaiood in my policy including Anpaboe County U ID additional named iDlured lhaU not apply to Anpaboe County a, tho SubGnnlee. c. The iDlunnco companiel iauing tho policy or policies lhall have no recoune apimt Anpaboe County or tho SubGnateo for payment of any premiums due C7l for any •• UGI under any bm of any policy. d. Any and all deducbblea owdlii1wl in any imurm policy lhall be auumed by and at the 11>le ri* of tho Ccwmacu. Certificate of lmunnce: The C:0..ldar sball DOC «WNNWIJi• wort under Ill)' contract fimded ~ 1o du ~ uatil be -mbmitted to tho SubGrantee, received approval lbno( cati&cllm of inlllnDce lbowina tba be• •• • t • • complied with the foregoing insurance n,quiranenta. The SubGnntee sba11 also submit a copy of the Contractor's certificates of insunmce to the County. 6. Notwithstanding the provisions contained in this paragraph (H) set forth bereinabove, the County reserves the right to modify or waive said provisions for projects or activities for which these provisions would prove prohibitive. The SubGnmtee understands, however, that the decision to waive or modify those provisions is fully within the diacretion of the County. In accordance with 24 CFR partl 84 and 8S, the following bonding requirc:mads shall apply to all projects exceeding the simplified acquisition tbresbolcl: 1. A bid guarantee fiom each bidder equivalent to S% of the bid price; 2. A performance bond on the part of the contractor for 100% of the contract price; and 3. A payment bond on the part of the coutaactor for 100% of the contract price. B. Rec:onls The SubGraotee sball maintain a complete set of boob and reccmla docnm•tiua its uae ofCDBG funds and its supervision and ldmiuiantion of the Project. Recordl are to inclu&k doc:ummtation verifying Project eligibility and national objective compliance, • well • finlncial and otbs admiuillrative aspects involved in performiua the Project. The SubGaatee lball pmvide full access to these boob and records to the County, the Secntary of HUD ar Ilia delip,w:, the Oflice of lnlpector General, and the Gmcnl AccwlJllina Office 10 dllt camplimce wilb Fedenl lawl 111d regulations may be c:onfinned. The SubGnatee bda. .-to proride to die County upon request, a copy of any audit reports per1lining to the SubGraae'I fiDlacill openliom during the term of this Agreement. All records pertainina to the Project are to be aw•••Mt b a minia,mn of five years following cJoee.out of the Project. L Repor1ia1 The SubGraotee sball file all reports and oths infonnatiaD DIC y IO comply with sppliclble Federal laws and regulalions • required by the County and HUD. 11lil lball include providina to the County the information necessary to complete amwal Pllf'clnmace Rlportl in a timely fabioa. J. Tlmeliaeu The SubGrantee sball comply with the quar1lrly pmfonmnce llllldlnll et+tisbed in Section IM: of this Agreement. The SubGrllltee wda-.ds dllt faiM ID comply wilb die llllblilbed standards may lead to a cancellation of the Project 111d a loa ol all um,q,arded 6mda. K. Relmbanemeat for lsplUII • • The SubGrantee agrees that before the eom.y CID dislribule-, CDBG 6mlla ID it. the~ ,. must submit to the County's Housina 111d CCIIIIIIU!ity 0.., _,..,, s.nicel DiwiaD 7 documentation in the form required by that Division which properly and fully identifies the amount which the SubGnmtee is requesting at that time. The County lhall have ten (10) working days to review the request. Upon approval of the requat, the County will distribute the requested funds to the SubGrantee as soon as posm'ble. L Prop-am lacome All program income directly derived from the Arapahoe County Community Developmmt Block Grant Program received by the SubGrantee will be retained by the SubGrantee and will be dispersed for its approved CDBG Project activities before ldditioaal CDBG tbnda are requested from the County. Following c:ampletion of the SubGrlntee's .Anpaboe County CDBG Projects. all program income directly genented from the use ofCDBG tbnda will be nmitted to the County. M. Ral Property Real property acquin,d in whole or in part with CDBG funds sball be utiliml in ICCOl'dlnce with the scope and pis identified in Sections I and n of this Agreemmt. Should the property in question be sold or otbawise diapoaed of; or the approved J110P111tY 111111 di1Cooli111Md, the SubGnntee lhall adhere to the requinmmts of24 CPR Parts 84 or 85 (• applicable) repding the use and disposition of real property. N. State ud Couty Law Complluce All rapoma"bilitia of the SubGrmtee enummted IMnin sball be IUbject to applicible Sta statutes and County onfiNnces, relOlutions, rules, 111d "'IPJlaricn 0. Sabceatndl . If subc:on1ncts are used on the Project. the SubGraalee aarees lhll the pmvilialll of this Apemmt shall apply to soy subconlnct. P. Supeuloa or Ten+tedoe This Agreement may be Pgpmclecl or termimled by the County if the SubGrllae mablially .faila to comply with any term of lhis .Aarerment Thia ~ may 111o be terminsed b convenience by mutual agreement of the County and the SubGnnlee. Q. In the event that the Unit of General Local Govaii1Dii4 lbould wi1hlbw &am the County's "Urban County" designation. lhis Aar-nem tball to111ioce • of the uo i1+ri'llll dlle of tbo County's COBO grant Aa,eemcnt wi1h HUD. R. The SubGrmtce certifia that to the belt of its lmowledp 111d belief. I. No Federal appropriated ftmda have bem paid or will be paid. by ar oa bllialf of it, to my person b inf1umcina or -=-4 lin& to inflllmce m o8lolr or ~ of 8 • t ... .• • • 2. any agax:y, a Member of Congress, an officer or emploY= of Congress, or an emploY= of a Member of Congress in CODDeCtion with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement. and the axtmsioo, contimwion. renewal, amendment, or modification of any Federal contract. grant, loan, or cooperative agreement; and, If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to intlucncc an officer or emploY= of any agency, a Member of Congress, an officer or emploY= of Congress, or an emploY= of a Member of Congress in CODDeClioo with this Federal contract. grant, loan, or cooperative agreement. it will complete and submit Stmdanl Form-LU. "Disclosure Form to Report Lobbyinr." in acconiance with its instructions. S. Dlallowuce If it is determined by HUD or other federal agency that the expenditure, in whole or in part, for the SubGnmtee's Project or activity was imptoper, inappropriate or ineligible for n:imbursement, then the SubGrantce shall reimburse the County to the full extent of the disallowance. IV. RESPONSIBD.JTIES OF THE COUNTY A. Admbalstratlve Control The Parties recognir.e and undersland that the County will be the aovanmenlll entity requirod to execute all grant agreements received fiom HUD pursuant to the County's n,qumta for CDBG funds. Accordingly, the SubCirantce agrees that u to its projects or activities perfonned or conducted under any CDBG agreement. the County sba1l have the oecemry adminillrative COD1rol required to meet HUD requirements. B. Perfonnuce ud Complluce Moaltoriq The County's adrnioisntive obligations to the SubGnntee pursuant to parapapb A above sba1l be limited to the performance of the adminisintive tub necemry to IDlke CDBG funds available to the SubGrantce and to provide a Monitoriq Specialist whole job it will be to monitor the various projects funded with CDBG monies to monitor compliance with applicable Federal laws and regulations . C. Reportiac to HUD The County will be responsible for seein& that all nee ry repor1I and infonnmoo requirod of the County are filed with HUD and other applicable Federal aamci• in a timely mbion. V. EXTENT OF no: AGREEMENT Thia aan,emmt, includina Ill)' cloc!nnmta dlcbed • abibaa wbicb are benby incorpanled hcnin by refaeoce, ......... the die 111d inlepad ........ betwem the County IPld SubGrmtoe and supemdel all prior neaoti,mom. •-••11iam or .....,..... eitt. writlen or cnl Any amc:nmncn11 1o du ..,_.. MDlllt be 1n wrmna -lianed by boda the County -SubOrmlee. If any podion of du aareemeat ia fiJand by a court of~ juriadictim lo be void ,aJ/or unenfon:eable. it ii lbe intent of the parties that the nmaiJring pClltiam ofdu a,recmeut lball be of full force and eft'ec:t. 10 . . In Witnea Whereof; the Parties have cauaed tbia Aareemttll to be duly executed tbia ----day of __________ __,, 2003. SubGrantec: City of&glewood Sipaaun, Tide Board of County CornrnilROllm kapaboe County, Colorado Justin A Hamel on behalf of the Board of County Comrrrilliamn Pursuant to Resolution #030121 11 PROJECT BUDGET COLUMN A COLUMNB COLUMNC COLUMND .... AIIIIIIII _._..,.....c.. .. CDaG .... Ollllr .... ~ .. .., ....... Mllllly .... ..,..,.. S6,000 S6,000 so l'lajecl .......... ..,_ $6,000 Sl,000 S3,AIOO Onllta,-$45,000 S36,GOO 9.000 TOTAL: 157.000 $45,GOO 112,CIOO - ) SUBGRANTEEAGREEMENTFOR ARAPAHOE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS SUBGRANTEE: CITY OF ENGLEWOOD PROJECT NAME: RENTAL ftX-UP PROJECT NUMBER: ENRB 309 This Agreement is made by and between the Board of County Commiuiooera of the County of Arapahoe, State of Colorado, for the Community Development Block Grant Program in the Community Services Department (hereinafter referred to u the County) and the City of P.nglewood (bcnmafter referred to u the SubGnmtee) for the conduct of a Community Development Block Grant (COBO) Project L PURPOSE The primary objective of Tide I of the Housing and Community Development Ad. of 1974, u l"lCDdcd, and of the Conununity Development Block Grant (CDBG) Program under dm Tide ii the development of viable urban communities, by providing decent housing. a suitable living cnvinmment and expanding economic opportunities, principally for low and modaate income penoos. The project by the SubGnmtee known as the Rental Fix-up Project (Project) baa been catcgoriml as a Housing Rehabilitation project and the SubGnmtee will maintain docummtation with the national objective ofl.ow/Moderate Income Housing activities. The SubGrantee may proceed to incur costs for the Project upon receipt of 111 oflicial "Notice to Proceed" from the County. 0. WORK TO BE COMPLETED BY 11D SUBGRANTEE The following provisions outline the scope of the wort to be c:omplded: The SubGrantee will utilize CDBG funding to provide IJ'IIIII for emrior improvements to renter occupied housing within the City of Englewood. The inlmt of the project ii bocb to improve the Englewood's ex isting housing stock, as well as improve the visual appeam of deterionled neiatit,orlloocla. Typical improvements may include (but are not neceaarily limited to) paint, liclin& windows, roo&, and xeriscaping. A. Payment It is expressly agreed and understood dial the total amount to be paid by the County under this contract shall not exceed $30,000.00. Dnwdowm far the paymml of elial"ble expe11111 lball be made against the line item budgela apecified in the Project Budpt and in accanlance with perfonnance criteria established in Section 0~. The pll'DII aprellly n,c:opim that the l ! f D • 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 ii contingent upon receipt of such funds. In the event that said funds, or any part thereof: are, or become, unavailable, then the County may immediately terminate or amend this agreement To the ex1mt C.R.S. § 29-1-110 is applicable, any financial obligation of the County to the SubGrantee beyond the cum:nt fiscal year is also contingent upon adequate fimds being appropriated, budgeted and otherwise available. B. Tlmellae 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 SubGrantee for the Project, the criteria listed below are to be met during the execution of the Project. 1. Quantifiable Goals: The SubGnmtee will provide grants to renovate the exterior of six renter occupied homes. Grants are not to exceed $4,000 each, and will requile a 20% match fiom each property owner. All units renovated under this Project are to be occupied by income eligible rmten at the time of applicalion to the Fix-up prosram, • well • at tbrougbout the dmalion of the renovations. Additionally, in accordlnce with 24 CPR Part S70.208(a)(3), n:m charged at units usiated by this Project are to remain affordable fiom the time of application to the Fix-up program througbout the duration of the l'CDOVlliolll. In order to be considered affordable, rents lhall not exceed the gremr of the folJowina: • Local Fair Marbt Rmt (FMR) adjlllted for ta11Dt paid utililiel ICCOlding to the current utility allowance schedule utilized for publicly milted bouain& projects within the City of Englewood, or • 30-Je of the income eligll>le renter household's p>SS monthly income adjusted for tenant paid utilities according to the cumnt utility allowance scbedule lllilized for publicly misted housing projects within the City of Englewood. All improvements completed under this grant are to be performed in compliance with applicable local or industry codes and standards. 2. Community Impact: By completing the project, the Sub0nntee will reduce the number of detcrioratcd homes in the City of Englewood by 0.0001 %. • • -·- ) '· The SubGnmtee will maintain written records documenting the Project's community impact for a period of five years following completion of the Project. This infonnation is to be made available (upon request) to Arapahoe County or the U.S. Department of Housin f, ind Urban Development for monitoring pUIJ)OICI. 3. Quarterly Performance Standards: June 30, 2003: September 30, 2003: Dccanbcr 31, 2003: March 31, 2004 : May 31, 2004: D. Reportbt1 Reqalremeaa No requmments established Hire intern to perfimn project Program marketing Provide one renovation grant Provide one renovation grant Provide two renovation grants Provide two renovation grants Complete all renovatiom 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 calmdar )al' quarter (March 31, June 30, September 30, December 31) until the Project is complc:tcd. 2. The official ammal audit and/or Finmcial Statements far the SubGrlDtee in which both revenues and expendillln:s far the CDBG Projects described herein arc detailed arc due annually. ' E. Labor Stududl (Davla-Bacoll) It is dctennincd that: Project activities do not require compliance with federal labor standards. F. Eaviroameatal Review Notwithstanding any provision of this Agmment, 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 sarisfactnry completion of eaviroammtal review and n:ccipt by Arapahoe County of a release of funds fi:om the U.S. Departmmt of Housing and Urban Development under 24 CFR Part S8 . The parties further agree that the provilioo of any funds to the project is conditioned on Arapahoe County's determination to proceed with, modify, or cancel the project based on the results of a subeequent environmental review. 3 t • • G. Uniform Relocadon Act (URA) Project activities do not require compliance with the Uniform Relocation Act H. Lead Based Paint 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. III. RESPONSmll..ITIES OF THE SUBGRANTEE A. Federal Complluce The SubGrantee shall comply with all applicable federal laws, regulations and requirements, and all provisions of the grant agreements received fiom 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 :ind circulars promulgated by the various federal departments, agmcies, administrations and commissions relating to the CDBG Program. A listing of some of the applicable laws and regulations are as follows: 1. 24 CFR Part 570; 2. 24 CFR Parts 84 and 85; 3. Title VI of the Civil Rights Act of 1964; 4. Title vm of the Civil Rights Act ofl968; 5. Sections 104(b) and 109 of the Housing and Community Development Act ofl974; 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; l 0. Equal employment opportunity and minority business enterprise regulations established in 24 CFR part 570.904; 11. Section 3 of the Housing and Urban Development Act of 1968; 12. Non-discrimination in employment, established by Executive Order 11246; 13. Lead Based paint regulations established in 24 CFR Parts 35 and 570.608; 14. Audit requirements established in 0MB Circular A-133; and 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 respons1'bility in which a conflict of interest, real or apparent, would arise. The SubGrantee cannot engage in a fedenlly funded contract with any entity 4 ' • • registered in the Lists of Parties Excluded From Federal Procurement or Nonproc:urement Programs. B. Non-Appropriatiou Clause The SubGrantee agrees that it will include in every contract it enters, which relies upon CDBG monies for funding. a non-appropriation clause that will protect itself m:l the County from any liability or responsibility or any suit which might result from the diacontinuance 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 Asreemmt, the federal gnmt and the federal statutes control rather than the provisiom of Section 24-91-103.6, C.R.S. with regard to any public wort projects. C. Expenclltare Restrictiou All CDBG funds that are approved by HUD for expenditure under the County's gnmt agreement, including those that are identified for the SubGnntee's Projects and activities, shall be allocated to the specific projects m:l activities descn"bed and listed in the gnmt agreements. The allocated funds shall be used and expended only for the projects and activities for which the funds are identified. D. Ap'eement Cbups No projects or activities, nor the amount allocated therefor, may be cbanpd without approval by the County and acceptance of the revised Final Stalemalt and/or Comolidated 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 Sapervilloa aad Admlalltratloa The SubGrantee shall be respollllble for the direct supervision m:l administration of its respective projects or activities. This task shall be accomplished through the uae of the SubGnntee's staff; agency and employees. The SubGrantee shall be responsible for any injury to peno111 or damage to property resulting from the negligent acts or errors and onriniona of ita 8laft agmts m:l employees. Because the SubGrantee is respollll°ble for the direct supervision m:l administration of its projects or activities, the County shall not be liable or respollltble for COit ovcmma by the SubGrantee on any projects or activities. The County shall have no duty or obliption to provide any additional fimding to the SubGrantee if its projects or activities cannot be complded with the funds allocated by the County to the SubGrantee. Any cost ovemms shall be the 10le respollllbility of the SubGrantee. 1. The SubGrantee agrees that all funds allocated to it for approved projects or activities shall be used solely for the purposes approved by the County. Said funds shall not be used for any non-approved purposes. 5 ,. t .. • • • ) 2. The SubGrantcc agrees that the fimds allocated for any approved projects or activities shall be sufficient to complete said projects or activities without any additional CDBG funding. F. Indemnity To the extent allowed by law, the SubGrantcc shall indemnify 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 costs, including attorneys fees, made, asserted or incumd as a result of any damage or alleged damage to person or property occasioned by the acts or omissions of SubGrantcc, its officers, emplo)'eCS, agents, contractors or subcontractors, arising out of or in any way conncctcd with the Project or the performance of this contract. G. Boadlag ud Iasanace If the SubGrantcc's projects involve construction activities, any Contractor it uses fur said activities shall be required to provide and maintain, until final acccptancc by the SubGnmtcc of all work by such Contractor, the kinds and minimum amounts of insurance u follows: 1. Comprehensive General Liability: In the amount of not less than $1,000,000 combined single limit Coverage to include: L Premises Operations b. Products/Completed Operations c. Broad Form Contractual Liability d. Independent Contncton e. Broad Form Property Damage f. Employees u Additional Insured g. Pcnonal lnjmy h. Arapahoe County and the SubGnmtcc a Additional Named Insured i. Waiver of Subrogation 2. Comprchcnaive Automobile Liability: In the amount of not lea than $1,000,000 combined single limit for bodily injmy and property damage. Coverage to include: L Arapahoe County and the SubGrantcc a additional Named Insured b. W aivcr of Subrogation 3. Employers Liability and Workers Compensation: The Comnctor shall secure and maintain employer's liability and Worker's C.ompcnution Insunmce that will protect it against any and all claims resulting fiom injuries to and death of workers cnpged in work under any contract funded pursuant to this agreement. Coverage to include W aivcr of Subrogation. 4 . All rcfcrcnced insurance policies and/or catificata of inaunncc shall be subject to the following stipulations: 6 ) ' ... • • -.. - ) 0 s. a. b. c. d. Underwriters shall have no rights of rec:ovc,y 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 coverage for any and all losses cove:n,d by the dcscribcd insurance. The clause entitled "Other Insurance Provisions" contained in any policy including Arapahoe County as an additional named insured shall not apply to Arapahoe County or the SubGrantcc. The insurance companies issuing the policy or policies shall have no recourse against Arapahoe County or the SubGrant~ for payment of any premiums due or for any asscssments under any form of any policy. Any and all deductibles contained in any insurance policy shall be assumed by and at the sole risk of the Contractor. Certificate of Insurance: The Contractor shall not commcncc wort under any contract funded pursuant to this Agreement until be bu submitted to the SubGrantcc, received approval thereof: ccrtificatcs of insurance showing that he has complied with the foregoing insurance rcquircments. The SubGrantcc 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 hcreinabovc, the County reserves the right to modify or waive said provisions for projects or activities for which these provisions would prove prolul>itive. The SubGrantcc 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 requiiements shall apply to all projects exceeding the simplified acquisition threshold: l . A bid guarantee from each bidder equivalent to 5% of the bid price; 2. A perfonnance bond on the part of the cootractor for lOO'A of the contract price; and 3. A payment bond on the part of the contractor for l OO°A of the contract price. H. Records The SubGrantcc shall maintain a complete set of books and records documenting its use ofCDBG funds and its supervision and administration of the Project. Records arc to include documentation verifying Project eligibility and national objective compliance, as well as financial and other administrative aspects involved in performing the Project. The SubGrantee shall provide full access to these books and records to the County, the Secrctuy of HUD or his dcsignec, the Office of Inspector General , and the General Accounting Office so that compliance with Federal laws and regulations may be confirmed. The SubGrantee further apeca to provide to the County upon request, a copy of any audit reports pertaining to the SubGrmtcc's financial operations during the term of this Agreement All records pertainma to the Project arc to be maintained for a minimum of five years following close-out of the Project. 7 ... t .. ·' • • • L Report1a1 The SubGrantce shall file all reports and otba' infurmatioo necemry to comply with applicable Federal laws and regulations u required by the County and HUD. Thia shall include providing to the County the informati on necessary to complete ammal Performmce Reports in a timely fashion. J. TlmeUnea The SubGrantce shall comply with the quarterly perbmaace standards established in Section Il~ of this Agreement. The Sub0nnteo underltmdt that faihn to comply with the establilbod standards may lead to a cancellation of the Project and a loa ofall unnpeodecl fund&. K. Retmbanemeat for bpeala The SubGrantce agrees that before the County can dilcn"bute my CDBG fbnds to it, 1be SubGnntee must submit to the Countt• Houain& and Comammity Dev-,.nmt s.vicea Division doc:m:neotation in the form required by that Diviaioo wbic:b pn,perly and ftdJy idadifi• 1be amount which 111e SubGnntee ia Jelluealml at that time. Toe County lball 11ave im c•o> womna c1aya to review the requeat. Upon approval ofdle request, the County will dillribute the requealed tunda to the SubGrantec • IOOll a'a poaa"ble. All proaram income din,c:tly daived fiom the Anpaboe County Coi111wwlity Developnw,t Bloct Grant Program received by the SubGnmlee will be naiaed by Ibo SullGlmlee ... will be dispenod for its approved COBO Pn,ject ICliviliea hebe aMbiontl CDBG fbDda a 191p ctr it from the County. Followina complelian oflbe SabGnmee'a Anplboe Counly <DBG Prajstl. all program income dilec:tly pnalled lam the me ofCDBG fbDda will be nmtlled to the Coaaty. M. Real Property Real property acquired in whole or in part with CDBG ftmda all be Uliliml in acconlwe widl the scope and pis identified in Sedioaa I 11111 n of dlil ~ Sllauld the pniperty in question be sold or otbawile dilpOled ot or the iM*CMd pnipaty 1111p dia:: 14iHH--I, the SubGrantec shall adhere .to the requinamla of24 CFR Plltl 14 or 15 (• applicable} npdiu& the use and disposition of real property. N. State ud Couty Law Cffll]NnPCI All respon11"bilitiea of the SubGnatee ........t --all be Dject to applicable S.. statutes and County ordinaoc:ea, mohaa, rulel, a,...,._ O. Sabcontndl • • t .. • • If subc:ontracts are used on the Project, the SubGrantee agrees that the provisions of this Agreement shall apply to any subc:ontract. P. Saspemioa or Termination This Agreement may be suspended or termmated by the County if the SubGrantce materially fails to comply with any term of this Agreement. Thia Agreement may also 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 as of the tennioalion date of the County's CDBG grmt Agreement with HUD. R. The SubGrantee certifies that to the best of its knowledge and belief I. No Federal appropriated funds have been paid or will be paid. by or on behalf of it, to any person for influencing or attempting to intlumce an officer or employee of any agency, a Member of Congress, an officer or employee of Coogn:ss, or an employee of a Member of Congras in connection with the awarding of any Federal contract, the making of any Fedcnl grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, conlinuation, rmewal, amendment, or modificalion of any Federal contract, grant, loan, or cooperative agreement; and. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or ancmpmig to intlumce 111 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 CODDCCtion with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-UL. "Disclosure Form to Report Lobbying." in accordance with its instructions. S. Dlsallowuce ' If it is determined by HUD or other federal agency that the expenditure, in whole or in part, for the SubGrantee's Project or activity was improper, inappropriate or ineligible for reimbursement, then the SubGrantee shall rcimbUJSe the County to the full extent of the disallowmce. IV. RESPONSIBILITIES OF THE COUNTY A. Admlalltradve Coatrol The Parties recognize and uodcntand that the County will be the aoverDIDllllal entity required to execute all grmt agrcemen11 received tiom HUD pursuant to the Coualy's requem for COBO funds. Accordingly, the SubGnntee ...-that • to its projects or activities perfanned or •• t • • conducted under any CDBG aarermmt. tho County shall have tho necaary adminiatntive CODtl'Ol required to meet HUD requiremmta. B. Performuce ud Complluce Molllterlat The County'a adminillndve oblipliom to the SubGnotee purmaat to plrlll'llph A above shall be limited to tho perfomrmce of the ldminimative 111k1 necemry to 1111b CDBG fbada available to tho Sub0rmtee and to provide a Moaitoring Speci11i• wbla job it will be to moaitor tho various projects funded with CDBG monies to maaitm complima with applicable Fedcnl Jaws and repJatioaa. C. Repordas to BUD The County will be rcllpCllllible fur NliDa lblt Ill nee I I I :ynporll al iabmmaa l9qUind of tho County are filed with HUD al oCber applicable Fedcnl .....-in a timely &lbion. V. EXTENT 01' TIU AGltEDtENT 1bia .....-, iocluctina my cloanJwv llllcbed • abihila wbidl a bmby incmpalllled Imm by ,ef«ence, ......... tho mlire -inlqpllled ...... betwem tho Caamy-S SubOnme and supen:edel Ill prior neaod--. •¥'* 14iom ar ..-,, 1W, eik wrilllD ar cnL Alfy IJllffllffllffl to tbia .....-. 1D111t be in wriliDa llld liped by bod! 1111 Coanly llld SubGnalN. If any por1iOll of tbia .....-ia bmd by a coart of..-.• jaildi!MII to be void ,m/ar ~ it ia lbe mm of tho pll1iea dllt thoffflNl11ilcpclllkm oftbil .....-mil beof tbll bee 111d e6id. 10 In Witness Whereof: the Parties have c:auaed tbi.l Agreement to be duly executed this -----day of ___________ __, 2003. SubGrantee: City of P.nglewood Signature Tide Board of County Coiolhiwonan Arapahoe County, Colondo PROJECT BUDGET COLUMN A COLUMNB COLUMNC COLUMND ............. S---1'11111 C..el CNG-. oe.r ... ~ __.,., ...... Mll*J .... ..,..,... $4,AIOO $4,IIOO • l'lajll:t.......,..w..,_ $4,AIOO SZ.000 SZ.000 a.w..,... S30.0DO D4,00D IUIID TOTAL: ----.. BY AUTIIORITY i~:;·.~ ·, ,' k' , •• ·. j '.( .. ,'1 ,, : ,\,·;. )•,,,' l I •,. i ·:· 4'f ••• • f • ! ' I ,i COUNCIL BILL NO. 25 INTRODUCED BY COUNCIL MEMBER GARRETI AN ORDINANCE APPROVING AN!?, AUTIIO~G '.fHE EXECUTION OF FOUR lNTERGOVERNMENT AL SUBGRANTEE AGREEMENTS (CDBG) FOR TIIE YEAR 2003 BETWEEN TIIE ARAPAHOE BOARD OF COUNTY COMMISSIONERS AND TIIE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City council of the City of Englewood approved the execution of an Intergovernmental Agreement between the City of En_.ewood and Arapahoe County by panage of Ordinance No. 39, Series of 1994, covering the City's participation in the Arapahoe County CDBG Entitlement Program as extendec,t by Amendment No. 2, for funding years 2001 through 2003; and · · ~s. the Enaiewood City Council~ Resolution 101, Series of 2002, supporting Housing and Community Dev~lopmcnt that autborizJed submitting an application for 2003 CDBG funding; and . WHEREAS, the project by the City of Englewood known u the "Housing Rehabilitation Project" bas been categorized u a rehabilitation activity; and WHEREAS, the project by the City of Englewood known aa the "HOUIC of Hope Staffing" bas been categoril.Cd aa a public service activity; and WHEREAS, the project by the City of Englewood known aa the "Homeowner Fix-Up Project" bas been cateaorized aa viaual improvement project for low-income owner-occupied homes within designated neighborhoods in the City; and WHEREAS, the project by the City of Englewood known aa the "Realal Fill-Up Project" bas been categorized as a project to improve lbe visual appearwe of low-income renter-occupied homes within designated neighborboocll within the City; 111111 WHEREAS, the City of Englewood may proceed to iDc:ur COIII for these projects unlaa such acceptance is made continJent under Soction 0-F, Labor Sladlrdl. or Soc:timl D-0, Environmental Reviews, as contained in the Subgrantee Apeemenll and IUbject to the City of Englewood receiving an official "Notice to Proceed" from Arapahoe Coualy . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL Of TIIE CITY OF ENGLEWOOD, COLORADO, THAT : Section 1. The Subgrantee Apecment for the 2003 Arapahoe Coualy Coamamity Development Block Grant-Housing RebabilitalioD Project, aaached bmeto aa Exlu'bit A, ii hereby accepted &nd approved by the £nalcwood City Council. • t .. • • Section 2. The Subgrantee Agreement for the 2003 Arapahoe County Community Development Block Grant -House or Hope Project, attached hereto as Exlul>it B, is berd>y accepted and approved by the Englewood City Council. Section 3. The Subgrantee Agreement for the 2003 Arapahoe County Community Development Block Grant -Homeowner Fix-Up Project, attached hereby as Exhibit C, is hereby accepted and approved by the Englewood City Council. Section 4, The Subgrantee Agreement for the 2003 Arapahoe County Community Development Block Grant -Rental Fix-Up Project, as attached hereby u Exlnl>it D, is hereby accepted and approved by the Englewood City Council. Section S. The Mayor and City Clerk are hereby autborized to sign and attest said Agreements for and on behalf of the City of Englewood, Colorado. Attest: Introduced, read in full, and passed OD fint reading OD the 7"' day of April, 2003. Publillhed u a Bill for an Ordinance OD the 11 • day of April, 2003. Read by tide and passed on final reading OD the 21• day of April, 2003. Published by tide aa Ordinance No. __, Series of2003, OD the 2s6 day of April, 2003. Beverly J. Bndlllaw Loucrishia A. Ellis, City Clerk l, Loucrishia A. Ellis, City Clerk for the City of Enalewood, Colorado, hereby certify that the above and foreaoina is a tJUe copy of the Ordinance J)IIIOd Oil final readiaa and publisbod by title u Ordinance No . ___, Series of 200 •. Loucriabia A. Ellia -- or.U1&Mfl!NO. __ SERIES OF 2003 I "· .. BY AUTHORITY (J. COUNCIL BILL NO. 26 INTRODUCED BY COUNCIL MEMBER GARRETT 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 STATE OF COLORADO . WHEREAS, the City of Englewood Housing Rehabilitation Enterprise fund bas operated in practice as an enterprise fund in the past but bas not been officially designated as such; and WHEREAS, this action is taken to comply with Article X. Section 20 (TABOR), of the Colorado State Constitution; and WHEREAS, under TABOR, the issuance of debt or other financial obligations of an enterprise is not restricted; and WHEREAS, it is the intent of the City to continue the operation of the Englewood Housing Rehabilitation Program as an enterprise within the meaning of TABOR. WHEREAS, punuant to Article X. Section 20, of the Colorado Constitution ("TABOR;, an "enterprise," is a govcmmcnt-owncd business authorized to issue ill own revenue bonds and receiving under I 0% of annual revenue in granll from all Colorado state and local aovcmmcnll combined. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, TIIA T: Scctjoq 1, There is bcrcby establisbcd the "Englewood Housin& Rcbabilitation Enterprise Fund" (The Enterprilc). The Enterprise sball consist oftbe businesa repacntod by the City's Home Rehabilitation Fund Propam located at 1000 Enalcwood Partway, Enalcwood, Colorado 80110 . The Enterprise shall have all of the aulbority, powers, ripll, obliptiom and duties as may be provided or permitted by the Cbancr and the Colorado Constitution and u may funher be prescribed by ordinance of the City . ~-Govcmina Body . The Govcmina Body of The Enterprise sball be the City Council of the City and sball be subject to all the applicable laws, rules, and replationa pertaining to the City Council. Wbcncvcr the City Council is in scsaion, tbc Govcmina Body s.hall also be deemed to be in session. It shall not be neccssary for the Govemina Body to meet separately from the rqular and special IDO!:tinp of City Council. nor sball it be neceaary b the Govemina Body to specifically announcc or acknowlcdp that ac1Qm taken bcnby .., 11km by the Govcmina Body of The Enterprise . The Govcmina Body may conduct ill aff'ain in the 111111 manner uid subject to the same laws that apply to City Council for the same or similar maltln. Section 3, Maintenance of Enlerprile Status. The Entcrprise lball aa all tiJw ud iD all ways conduct its afTain so u to continue to qualify u an "Entcrprise" widlin the meanma ol TABOR. Specifically, but not by way oflimitation, The Entcrprise is not audloriad to ad lball ' ·'-t • • • not receive ten percent (10'/o) or more of its annual revenue in gnmtl from all Colorado state and local governments combined. Section 4, Iasuance of Bonda. Tbc Enterprise ii autborir.ed to issue boada, nofel, or other obliptiom payable from the revCIIUCI daived or to be derived from the cnterprile, in accordance with the Charter. Tbc City Council may abo IUtborize the issuance of such bonds, notes, or other obliptions in acconlance with the Charter and, in 10 doing, sball be deemed to be acting u both the Ooveming Body and the City Council. Sectiop 5. Ratification and Approval of Prior Adioaa. All actiona heretofore taken by the ofticen of the City and mcmbcn of the Council not inooaliltellt with the provisiom of this Ordimnce relating to the operation or creation ofTbc Enterprise are hereby ntified, approved, and confirmed. Sectign 6. Repealer. All orden, bylaws, ordinw:el, ancl resolutions oftbe City, or puts thereof, incoDlillent with or in c:oatlict with this Ordinance an bseby repealed to tbe meat only if of such incomistcncy or c:ont1ic:l Sectign 7. Scvcnbility. If ay 10Ction, .,......, claule, or provilion of thia Ordinance shall foray reuoa be belcl to be invalid or unenforceable, tbe invllidity or unmforceability of this section, peraanpb, claule or provision lball not affect ay raminiq proviliolll of this Ordinance, the intent bcina that the same are tcvcrablc. Sectign 8. Rocordina ancl A1lfbmticatiooL Upon adoptiaa hereof, this Ordinance lball be recorded in a book kept far tbe purpow ancl lball be IQlheti C .... by the lipalUre of tbe Mayor ancl City Clerk. Sr1ioe 9. Effective Dale. Thia Ordinance all lab eft'ect thirty days aftcl' tbe publication followina fiul ....... 2003 . Attest : Introduced. read in ftlll. ancl puscd m fint rmq m tbe 1" day of April, 2003 . Publilbed • a Bill for an Ordimace m tbe 11• day of April, 2003. Read by title and puscd on fiul rcadin& on tbc 21• day of April. 2003. Published by title II Ordinance No.--~ Seriel of 2003, OD tbe 256 day of April. Bnwly J. Bn1+ ... Mayor Loucrisbia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colondo, hereby certify the above and foregoing is a true copy of the Ordimnce puiod on final readiq 111d publilbed by title as Ordinance No . Series of 2003. Loucrishia A. Ellil BY AUlHORITY SERIES OF 2003 COUNCIL BILL 27 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AOR.EEMENT BETWEEN THE CITY OF ENGLEWOOD, COLOR.ADO, THE CITY OF Ll1TLETON, COLOR.ADO, WEST METRO FIRE PROTECTION DISTRICT, LITILBTON FIRE PROTECTION DISTRICT, SOU1ll METRO FIRE PROTECTION .DISTRICT, AND SOU1ll SUBURBAN PARK DISTRICT APPROVING A TEMPOR.AR.Y EASEMENT ON METRO FIRE TR.AININO ACADEMY PROPERTY FOR THE COMPLETION OF A SEGMENT OF THE BIKEPATIIWAY. WHEREAS, five metro area entities cooperatively own the Meuo Fire Training Academy property; 111d WHEREAS, at DO cost to these entities, the South Suburilln Pub Dillrict wubea to construct 111d maintain a ten-foot wide bike path acrou this property u a put of the South Suburban Bike Path System. NOW, THER.EFOR.E, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLOR.ADO, THAT: Secgqg I. City Council of the City ofEqlewood, Colando, bfnby lpplOWI the Intergovrmtal Agreement for a trmponay wt on MelrO Fire Trainina Academy property u daaibed in Exlul>it l, aaacbed hereto, for completion of a llplmt of the bike pathway. ~-Tbe Mayor 111d City Clerlt are iUlborized to lip and atte1t uid Inter- governmental Apeement for and on behalf of the City of l!qlewood. Introduced, rad in full, 111d pused on tint readiq on the ,. day of April, 2003. Published as a Bill for an Ordinance on the 11• day of April, 2003 . Read by title 111d pused on final readina on the 21 • day of April, 2003. Published by tide as Ordinance No._, Series of 2003, on the~ day of April, 2003. eev.ty J. Bradlbaw, Mayor Attest: Loucrishia A. Ellis, City Clerk I, Loucriahia A Ellis, City Clerk for 1he City ofEaJa1ewood, Colorado, baeby certify that the above and foregoing is a true copy of 1he Ordinance passed on final rcadina 111d published by title as Ordinance No. ___, Series of2003. Loucrisbia A Ellil AGREEMENT REGARDING GRANT OF TEMPORARY EASEMENT (J EXHIBIT t I 1. PARTIES. The parties to tbia AGREEMENT REGARDING GRANT OF TEMPORARY EASEMENT ("Apecmcnlj are: WEST METRO FllUt PROTECTION DISTRICT, UI'TLETON FllUt PROTECTION DISTRICT, SOU'l'II METRO FIRE PROTECTION DISTRICT, CITY OF LITTLETON, CITY OF ENGLEWOOD, collectively refmed to herein u "Granton"; and the SOUTH SUBURBAN PARK DISTRICT ("Grmteej. 1. RECITALS AND PURPOSES. Granton own undivided but scpante inlaata in and to certain property located in Arapahoe County adjacent to the Plane River, the 1epl delcription of said property is anacbed u bldlllt ..4. Grantors jointly operate the South Mmo Fire Academy on a portion of the property. Gnmtee desires m eaacment acrou the nortbrm portion of the Grantor's property for the purposes of CODltl'UC1ina, rnmntainina, and operating a pathway and trail for recreational purposes. Gnmtors ape to grant a tempOtary easement to Gnmtee for such limited purposes subject to certain tenns and coaditiom. AccordiDgly, in consideration of the mutual promises set forth herein, the parties covenant and agree to the following terms and conditions of such gnmL 3. GRANT OF EASEMENT; LIMITATION OF USE OF EASDUNT. Granton hereby quitclaim, convey, and grant to Grantee, ita succeaon and auigna, a oon- acluaive easement, u descn"bed in puqraph .S herein. for the tmn set forth hmm and upon such additional tenns ml conditiona u are SIited. Such euemeat sball be limited to uac by Gnmtee for the construction, DWJUenance and operation of a DDD-vebic:ular pedes1rian ml non-motorized bike trail (herein, Wfrailj within the euemenr for uac by the pneral public, u part, ml an extmaion, of Gnmtee's propoaed trail and pathway system in the Platte River area. Such grmt shall also include m acceu and c:oallruct:ion easement over and acrou Grantor's property descn"bed in Eulblt B for the purpoaes of access to the Easement for the pmpow of constNction and rnaintcnmc:e of the Trail. Such grants are subject to all prior recorded utility euements ml ripu of way. 4. TERM. The tmn oftbia Temporuy Easement shall be five calendar years from the date of the last approval by the govemins boards of each of the Granton. Tbe Easement may be extended beyond such termination date upon the mutual wrinm apeement of the parties. In the event that Gnmtee wls to comtruct and complete the Trail within 18 months from the date of final execution of this Apecment, tbia Grmt of Euemmt sball be null and void and this instrument shall automatically operate u a quitclaim grmt of any and all interests. rights, ant titles of Gnntee to Granton without my tbrther formal action or instruments. 5. DESCRIPTION AND LOCATION OF EASEMENT. Tbe euement pmted herein shall be an area of approximately 1,680 sq.ft., beiq approximately 168 ft. lonl, and 10 ft. wide, such Easement commencma at a point approximately two feet north of the southeast comer of Gnntor's propcny and tcrminlfin1 at a point approximately 3.S ft. ---zr-•...,..,....te • ...,... ................ ' .. • • • north of the southwest comer of Grantor's property, • depicted on the attached EzAJblt A, extending over and across that certain portion of the Granton' property which ia located in the West ~ of Section 9, Township S South. Range 68 W of the 6" P.M., County of Arapahoe, Colorado, • more fully descnbed on the auacbed EJdlalt JI 6. PUBLIC SIGNS. & additional consideration, Grantee agrees to install, at its sole cost and e:xpense, the following signs: 6.1 A sign adjacent to the easement that will contain a brief description of the fire fighting tnining activities. and their importance. that 119 coadw:ted at the Academy. Tho Granton will provide a namave description of the activities for the benefit ofGraatee to utilize in the piq,aration of the sip. 6.2 A sign adjacent to the easement which will direct the users of the Trail to remain on the Trail and within the Easement, indicaJin& that the remainder of the property is not open to the general public. 7. RIGHTS OF GRANTOR. Grmtor raerves the full right to the undisturbed ownc:rsbip, use and occupancy of the Easement Property insofar u said ownership, use and occupancy is consistent with and does not impair the rights granted to Grantee in this Grant. In the event Grantee's improvements under the Eucment require repair, replacement or maintenance of any type or kind, Grantee may do so with reasonable notice. Cost of repair and restoration of surface improvements shall be done at the cost of the Grantee. 8. ABANDONMENT. In the event that Grantee shall abandon the riabls granted to it under this Grant. all right. title and interest hereunder of Grantee shall cease md tenninate, and Grantor shall bold~ Easement Property, 11 the ame may then be, free from the rights of Grantee so abandoned 1111d shall own all materials and structures of Grantee so abandoned, provided that Grantee shall have a reasonable period of time after said abandonment in which to remove any or all improvements and Appurtenmces from the Easement Property. 9. WARRANTY OF TITLE. Grmtor wammts and represents that Grantor is the fee simple owner of the Easement Property and that Grantor bad full right. title and authority, and that this Grant is effective to grant and convey to Grantee ~e within described casement. 10. INDEMNIFICATION. To the full extent permitted by law, Grantee shall indemnify and hold harmless Granton (individually 1111d collcctiv ly) from any md all claims, demands, or judgments auerted by, or awarded to, any third party or parties for my injury, death, or property damage which arises from the use of the Trail. Nothins herein shall be construed as a waiver by Granton, or any of them, of any of the defenses or immunities provided by common law or by stamte, specifically includina the Colorado Governmental Immunity Act. Sec . 24-10-101, d. s-,., CRS, u it may be amended from time to time. ' • • 11. BINDING EJ'FICT. Thia Agreement sball imn to tbe benefit o( ad be bindm& upon. the parties, and their mpective lepl 1+wativea. 111C C ..... ad aaip; paovided. however, that notbiDg in dua pananpb sball be CDllllnlld to pmnit tbe aaipmmt of tbia Agrecmcm except • otberwile tpeCi1ical1y authorized in tbia Apmlmt. 12. COUNTERPARTS. Thia Aareammt may be IUClllmd in IIYeral WUldapar1a ad.• IO executed. sball comtitute one A.-, bindins Oil all tbe pll1ia even 1boup Ill tbe parties have not siped tbe same coanteapart. Ally WWICliipwt of tbia Aan,mnmt which ha anacbed to it separate siplbn plpl, wbich ...... CGlllliD tbe lipalm• of Ill the parties, sball be deemed a tblly executed imttUIDiilll tbr all pmpcw. 13. ALTERNATIVE DISPUTE RESOLUflON. In tbe ffllll of my dilpute or claim lriliq under or related to dua Aareemmt, tbe parties sball ue tbeir belt eflbrtl to lflttle such dispute or claim tbroup good &ith JH11DU11iom with each olber. If such &pate or claim ia not settled tbroqb nqotiadcm wilbin 30 ~ at\a' the earlielt date OD wbicb one party notifies the other party in writiq of i1I desire , ltlmlpt to IIIIOM such dilpllle or claim tbroqb negotimom. then tbe parties aaree L..t any party may initi-. a civil action in tbe Dislrict Comt for Anpaboe County. 14. INTEGRATION AND AMENDMENT. This Apeement ,¥6Nidl the entire agreement between the parties ad there are no on1 or cou.a.al .--or undentaadinp. This Asreement may be amended only by an iwbuu:au in wmiDa siped by the parties. 15. PARAGRAPH CAPllONS. The c:apciom of the pll'aanpba • NC bib oaly 1br convenience ad reference. and are not iDlmded in any way to define. limit. or delcribe the scope or intent of tbia Agreement. Dated: ___ 2003 WEST METRO l'IRE PROTl:CTION DISTRICT By: _____________ _ Pnaldeat Attest: Secretary Dated: ___ .2003 UTl'LETON l1RE PRO'l'&CTION DISTRICT By:.__ _________ _ ........... Dated: __ ...12003 By:~~;--------- "' 11t1at Daad: ___ .2003 arY 01' Ll'ITLSTON By:. _____________ _ Mayor Dated: __ ...1 arY 01' DIGUWOOD By:~------------...,_ ACCEPTED AND AGREm TO: Dated: ___ .2003 SOUTII SUBtm&\N PAalt DISl'IUCT By:, _________ _ Attest: .. -----------·-- .• i [ Appa. ~Sq.ft. for ea * ,.._ (161's 11') 11+11rra -·· ·----- ·J - OIIIIINAMCE NO. SERIES OF 2003 BY AUTHORITY 0. COUNCIL BILL NO . 28 INTRODUCED BY COUNCIL MEMBER WOLOSYN AN ORDINANCE AMENDING TITLE I, CHAPTER 10, SECTION 2, PARAGRAPH 6, OF THE ENGLEWOOD MUNICIPAL CODE 2000 PERTAINING TO PUBLIC NOTICES. WHEREAS, City bodies authorized to hold public hearinp include City Council, Planning and Zoning Commission, Board of Adjustment and Appeals and the Englewood Liquor Licensing Authority; and WHEREAS, unless otherwise allowed by Chaner, 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 hearing date; and WHEREAS, notice is published once in the Eng1ewood Herald, the newspaper designated by City Council as the official newspaper, which paper is published only once a wcclt; and WHEREAS, Title 16, Zoning Regulations, pcnnits notice of hearings before the Planning and Zoning Commission or Board of Adjustment and Appeals to be published at least ten ( I 0) days prior to the hearing; and WHEREAS, by Colorado Statute, the publication requirement for public bcarinp before the Liquor Authority is at least ten ( I 0) days prior to the bearing; and WHEREAS, City Council feels the publication requirements should apec for all City bodies. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: ~-City Council of the City ofEng1ewood hereby_. Tide I, Chapter 10, Section 2, Paragraph 6, Public Notice, of the Englewood Municipal Code 2000 to read u follows : 1-10-2-6: Public Notice. If required, public notice of the date, time and place of the public bearina sbaU be siven in the manner provided by the Charter, Statute or ordinance punuaa1 to wllich said hearing is to be held. In the absence of• fPY RISSUis provision ., 11ii1111, clelimatin& the manner in which public notice is to be siven. nocic:e of die dale, time, place IDd purpose of the hcarin11 to be held sbaU be published once in that newspaper deeipeted by City Council as the City's official newspaper not less than i&e• ( II) Ja.ilA) days prior to the date of said hearina. In the event the public hcarina is poeq,oaed, DOCice sball be given of the date, time and place to wbicb the bearing bu been pDllpODOd, eidler by causing funher notice to be published, u above provided, or by publicly IIIDOIIDCUII at the date, time and place set in the oriainal notice, of the bearing's pollpOMfflllllt, oftbe new date, time and place when and where the postponed bearing sbaU be held. t ... .. .. .. • • Sectiog 2, Safety Claugs. The City Council hereby finds, determines, and declara that this Ordinance is promulpted under the general police power of the City of Eqlewood, that it is promulpted for tbe beallh, safety, and welfare of the public, and that this Ordinance is necessary for the praervalion of health and safety and for the protCction of public convenience and welfare. The City Council further determina that the Ordinance bean a rational relation to the proper legislative object sought to be obtained. Sectiog 3. Sey,abjlity. If any clause, sentence, paraanpb, or put of this Ordinance or the application thereof to any penon or cUCUIIIIIIDCel sbaU for any re.m be adjudpd by a court of competent jurisdiction invalid, such judplent sbaU not affect, impair or invllidlle tbe remainder of this Ordinance or it application to ocher penoaa or cin:wmClncel. Section 4, !Pf9PliMCPJ OnliPf'HI, All other Ordinances or portions thereof inconsistent or c:ooflictina with this Ordinance or my portion hereof are hereby repealed to tbe extent of such inconsistency or conflict Sectiog 5, MiS ofmm,J qr mf!ifietjgg The repeal or moclificalioa of aay provision of the Code oftbe City ofEapwood by this Ordinance sbaU not releae, miDpilb. alter, modify, or cblnp in whole or in put any penalty, forfeiture, or liability, either civil or c:riminal, which sbaU have been incurred under such provision, and each provilion sbaU be traled and belcl u still remainiq in fon:e for tbe purpoea of sustainiq aay and all proper actionl, IUiu, proc:cedinp, and proeec:utiom for tbe eaforcement oftbe penalty, forfeilure, or liability, a well u for tbe purpoee of suminin1 any judplenl. decree. or order wbicb can or may be rendered, entered, or made in such actions, suill, proo,edinp, or prosecutions. Sectiop 6, b111J1x. The Pcmlty Pruvilion of Section 1-+I EMC sbaU apply IO each and every vioiltion of this Ordinance. 2003 Introduced, read in fiall, and paaed Oil tint readina Oil tbe .,. day of April, 2003 . Published u a Bill for an Ordinance Oil tbe 11• day of April, 2003. Read by title and pused on final readina Oil the 21• day of April, 2003. Published by title a Ordinance No. __ , Series of 2003, Oil tbe 25* day of April, Attest: Loucrishia A . Ellis. City Clcdt I, Loucrilbia A. Ellis, City Clerk for die City ofEqlewood, Colorado, hereby certify the above and foreaoin& ii a true copy of die Ordinlnce plllOd Oil fiDll readin& and published by title u Ordinance No.___, Series of 2003. Loucrisbia A. Ellis COUNOLCOMMUNICATION Date Agenda Hem April 21, 2003 INfflATEDBV STAffSOUla Utilities Department Stewart H. Fonda, Director of Utilities COUNOL GOAL AND PIMOUS COUNQL ACTION None. RECOMMENDED ACTION . . . . .. . ;. .. -··"" . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIRm The Utilities Department purchases water meters needed for an entire year by requesting one large bid proposal for additional cost savings. FINANCIAL IMPACT The Utilities Department is converting the metering system to the ITRON Automalic Meter Reaclng System . All meters and registers will be compatible wilh lhe ITRON System. About $15,000 worth of' these meters and yokes will be resold to Enalewood customers for new inltalations • part of lhe tat.raae to meter conversion process. The remaining stock will be used to replace inactive or poorfy functioM'I meters or convert meters to the ITRON system as part of lhe water meter rnainl9nance P'OIPffl. Thefe is money budgeted for these items in the 2002 Budget. Request for Bids were sent to three vendors, wilh two companies responclng wilh bids. Mountain Staaes Pipe & Supply was the low bidder for the ERT meters and Dana Kepner was lhe low bidder for the regular l/• • yokes, val ves and fittings . Mountain States Dana Kepner LIST Of ATTACHMENTS Bid Proposal Tabulation Sheet $70,455.38 No Bid No Bid $6,237.65 (ERT Met9n (yolc-, valves & flttinp) (ERT Metars) (yokes. valves & lainp) - • . . ... Water Meter Bid 03-111 Opening date: 411/0310:00 am Vendor # DHc:rlptlon 1 518• meter & Pit/ERT reaisler & pit remote/ ERT. 314• meter & Integral regisler/ERT (One piece 2 reglster/ER1' 3 314• meter & PII/ERT r111mter & Dll remole/ ERT. 4 314• meter & PII/ERT register & oitl ERT 5 314• meter & Inside nonitlW wllh remole/ERT 314• meter & Integral register/ERT (One piece 6 lraalster/ER1' 1 1• meter & Pil/ERT reoister & DIii ERT 1 • meter & Integral regisler/ERT (One piece 8 realsterlERn 9 1.5" meter & Pil/ERT reoister & nlltl ERT 10 2" meter & Pil/ERT reoisler & Dil/ERT 11 314• Kornerhorn Yokes Of' eaulvlllent. 314" compression fillings (for 314" copper pipe) 12 tor KOf'nerhom Yokes Of' I 314" compression fillings (fOf' 314" galv . pipe) for 13 KOf'nerhom Yokes Of' eaulvalenl. 314• ball valves for KOf'nerhom Yokes or 14 -· '"· 314"x314 "(9 318" laying lengll)xr(H) Capper Mele!' Yokes , wlvertical Inlet end oulel, 15 W/COITIDINSIOfl filtinas end w/anale ball va!Yes . .~ . . . .,. . . . D n ~- . .. . . -.> .• • • • .. . .;.. .. , .... ': .. · ·, .. ·. ....... ' ·. .. : .. -':. : .~. . . .• ,' . '.: •, ' • ••. '* · ...... ·;. -.:;\ . t • . . .... •• • ?. .. .. · ~ .. . .. \, Qty AbbWaterlleter DanaKepner Ea Each Total Each Total 24 no bid no bid no bid 102 no bid no bid nobld 60 nobld no bid no bid 54 "° bid nobld nobld 18 nobld no bid nobld 38 nobld nobld nobld 10 nobld nobld nobld 10 nobld nobld nobld 6 nobld nobld nobld 4 no bid no bid no bid 102 no bid s 18.95 s 1,932.90 204 nobld s 4 .15 s 848.60 25 nobld s 4 .15 s 103.75 102 nobld s 15.20 s 1 550.40 40 nobld s 45.10 s 1804.00 Total s . s . s 17.56 s 8.237.86 t Mountain StatH Each Total s 175.85 $ 4,220.40 s 195.60 s 19951.20 s 211 .88 s 12 899.60 s 211 .88 s 11429.64 s 195.88 s 3.521 .88 s 195.88 s 7 043.78 s 2~.31 s 2 593.80 s 238.88 s 2 398.90 s 582 .70 s 3486.20 s 775.00 s 3100.00 no bid nobld nobld nobld • nobld $3043.08 s 70456.38 ./ ---- COUNCIL COMMUNICATION Date: April 21, 2003 Initiated By: STAFF SOURCE Public Works Department Rick Kahm, Capital Projects Director Parks and Recreation Department Jerrell Black, Director of Parks and Recreation COUNCIL COAL AND PREVIOUS COUNCIL ACTION Council approved a motion authorizing the award of a construction contract to Ash & White Construction Company for the Malley and Recreation Center Expansion projects. RECOMMENDED ACTION Staff recommends Council approve a motion authorizing the Capital Projects Director to execute a change order to the existing Ash & White contract This proposed change order, in the approximate amount of $295,000, covers construction of a new stOl'age/maintenance office building at the Englewood Golf Course. BACKGROUND, ANALYSIS, AND ALTHNATMS IDENTIRED Funds were budgeted in 2002 and 2003 to demolish the old Golf Course Maintenance Building and construct a new facility to include storage for parks & recreation, offices fOI' golf course maintenance staff, and a training room. Demolition was completed in early January and design of the new facility is substantially cOl'nplete. Ash and White Construction Company was the low bidder for both the Maley Senior Recreation Center and the Englewood Recreation Center projects. Competition among the contractors was intense for these projects and resulted in a low bid 28% under the construction budget Despite the low profit margin for Ash and White, this company has perfonned above expectations and maintained an excellent relationship with Englewood staff and c~zens. Staff believes that the best interests of Englewood are served by executing a change order with Ash and White to construct the new facility . Ash and White has crews avwble and sub<ontractors are already in place and working at the recreation centers. Enalewood wil benefit from volume discount and excellent sub<ontractOI' pricing by tying the relatively smal storage/office facility to the three million dollar expansion projects. FINANCIAL IMPACT Adequate funds are available in the Golf Course ~ntenMICe account and lhe Public Improvement Fund (bond transfer). UST OF AnACHMENTS Floor plan and Site plan ' ... .. • • - . _/ -- (J . • ' . . . . . . . . . . . . . · .. ···/.,.:~i:< ·.·.:·.:.::-.:· ...... : '-~·· . .ft . • •. . H " RI 12' /1 {llllll!DiWiDiDiiiiiiiiiiiiiiiiiDWiDiifflHllllli~l~m:rnJ illli~ll~~llll~lll1 ffl!b~1111111n~1111~1111n1 11111 ©~"~··· .. ·· ~©'~.!M __ _ ,, . architecture 11,-.. ..... -.co .... , ... __ .... -- ---.... ftAII •. ~~ -A-2 ------------·------·----- ' • .~ .. .-. ---- : .... · ·.·· .. ··· ··•·· }}· ··.::., . .. .• .{) : . . . . . · ... ···:. ::.-;:::/:/?\: :>f : : .·,::·/\ ... . ,• : . ~ . .. · .... . ~ .·. . .·.·· - . . .. .::_/[): > ::, :-- .. ·.:~: . .·.· //. . <?_ Q} » .9.. <::) ... · . . . : ~ . . ·: \ ~ :v·· .. -:-· ::: . ,) • ... ·::·. ·.>:-:. /. :, ::;:' .·.. . . :-. . . _:· . ~. · .. : ::". : .. ::: ';" ~ :: :\)\ ) .• > . ' . ·.. . . . .-~·~ • .·: < •• ··(::·. MEMORANDUM TO: FllOlli DATE: Mayor Beverly Bradshaw ~ Sue Carlton Bradshaw, Eucutive Aaaif!jf(7 April 21, 2003 Economic Development Adminilltration National Conference 2003 The Economic DeYelopment Administration Natiooal Qmference for 2003 will be held in Wuhington, D. C. on May 6-9, 2003-The City will be receiving the fint plaee award for Excellence in Economic Development. The following are com for the cimuereoce. Registration Lodging Meals Tui/Shuttle Airfare Total If you need additional information, pleaae let me bow. Thaob. 4. Roll call ~ s.~~mums ~-0 present ·• • •• I ---abNnt { (;i , I 1.,,J \----·1· . J \ '.s.::..__). ' .. •· • ·• - • • r··--{ l '.1 1 .____.,.' ' ---- --- •· • ·• --. ._/ . ~- • • \ ' .. .. . . . . . . I, • • • ' .. - • . • 0 ----_,_ t .. ;tM--,• . ' •. • ·• -- • •• ' . &er---Ju; '1-o/ (VJ.LJ ;1li,( )Jod-~ ~wio:ttr/J •· • ·• -· . / --• • n . ' • • • ' ' ... • • 0 7)--~ ~JjJ pt~ ('y\,,.,.-d/,,. f1w, Ml-~/) fr 1?----Jif1Jffe&/)J(, ~ -0 ~:~~ ~---1/nJ;bJ ,?-30'P-~ 1fj,/, · I . . . : . I .. : . I ,, . . . . . ~ . . . ' .• • 0 '-, ' r:=;-,-. (J ' . . ' a. . / __ _..,./ ·• • • r~-l 'l__) I I• t .. . . . . i •• • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CllY COUNCIL MONDAY, APRIL 21, 2003 7:30 P.M. Englewood Civic Center • Council Chambers 1000 Englewood Paricway Englewood, co 80110 1. Cail to order. I"/:~~ 2. Invocation. /J ~ 3. Pledge of Allegiance. ~ 4. RollCall & ~ / rtlJw,,r('JtJ#f/dj 5. Minutes. &fl J ~ ,. Mbrute, from ... Regu"' Qty Cooodl -of-7, 2003~ 6. Scheduled Visitors. (Please limit your presentation to ten minutes.) ff 7. Unscheduled Visitors. (Please limit your presentation to five minutes.) ff 8. Communications, Proclamations, and Appointments. a,,~ • 1 _ 1 ~ A proclamation declaring April as Fair Housing Month~ J,(i;-0 b. A proclamation recognizing Arbor Day. ~ . A proclamation honoring Project IBIS 1,1/i mer£:s.-~ J/ d. An e-mail frp~ Jf;t_ e:ens Indicating her resignation fro:n ~eep En~ ~!!l Beautiful. /}I.AH..J-f<J. /p -r,;-0 Plew note: If you ..... ......, ...... ......, ..... ......, ......... O,tlb,t ca• (303-762-2405)11 .................. af .................... ,.. : • • • ,. -- Englewood City Council Agenda April 21, 2003 Page2 tf,fJJ.d r,-o ~ ~ -or~ ~r ,tll)~ 1fV9 . Public~f~~M~-~ {J/J;~~~ , . a A pobllche,•.l',;oli'£.fclffiffit\o. ~ia, :Ct••· ~ ConsentA~~~ ~/,( ~3 ,. App~fO,dlnonmonFo~tReadlng. ~ h3t,, b. Approval of Ordinances on Second Reading. fJ?J/f _M i. o,dJl~'- /j) J./:1 3?: iv. Council Bill No. 22, approving the extension of a Temporary Moratorium on New Residential Construction in the area bounded by West Evans Avenue on the north, West Vassar Avenue on the south, South Tejon Street on the east and South Zuni Street on the west. Council Bill No. 25, 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. Council Bill No. 26, creating the City of Englewood Housing Rehabilitation Enterprise Fund. Council Bill No. 27, authorizing an agreement between the Fire Departments involved In the Metro Are Training Academy and South Suburban Park District allowing an easement on Metro Fire Training Academy property for a bike pathway. Council Bill No. 28, amending the Englewood Municipal Code to reduce the number of days prior to a public hearing that a notice must be published. c . Resolutions and Motions. i. Recommendation from the Utilities Department to approve, by motion, the purchase of water meters and related equipment. Staff recomme~ awarding contracts to the low bidders : Mountain States Pipe & Supply for the meters, in the amount of $70,455 .38; and Dana Kepner for the yokes, valves, and fitti ngs, in the amount of $6,237.65. STAFF SOURCE: Stewart Fonda, Director of Utilties. ii . Recommendation from the Departments of Public Works and Parks and Recreation to approve, by motion a change order for the Recrution Storage/Maintenance Office Buifalng. STAFF SOURCE: lick l.a.n. Qipital Projecb Director and lenell Blade, Director of Paltia wl leaeatlon. .. t .. .. • .... • • ,, Englewood City Counc:I Agenda April 21, 2003 Pagel 11. Regular Agenda. a. b. C. Approval of Ordinances on Arst Reading. Appro~ Ordinances on Second Reading. Resoly and Motions. 12. General Discussion. a. Mayor's Choice. b. Council Members' Choice. ::::=: ~7~ Adjoummenti;, t{Y ~ _ () _ f em&w .. -..-mCly~?ff-17.2003!~ • Keep Englewood Beautiful meet1n1 of March 11, 2003 Englewood Board of Adjustment and Appeals meedn& of March 12, 2003 Englewood Para Committee rneetlna of March 12, 2003 • Alliance for Commerce In Enalewood rneelln& of March13, 2003 • Englewood Transportation Advisory Board meelln& of March 13, 2003 • Englewood Planning and Zonln1 Commission meet1n1 of March 25, ......... .,,.. .... ....., ..... ...., .... ,, .......... =·--(JU.71N-)II ................. .,......... .. ....