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Home My WebLink About2000-02-07 (Regular) Meeting Agenda" • .. • -... February 7, 2000 Regul ct r City Council Meeting ' . "· 0 0 I • 0 • ,·~-· ENGLEWOOD CITY COUNCI L REGULAR MEETING FEBRUARY 7, 2000 ,, • • - ORDINANCE #~;r;' ~, 6, 7, 8, 9,10 RESOLUTION t/,_,, 8, ,, ~• J:,,:'¥14" _)'!( • -----~--.......... ..---- .. 0 • 0 0 I . 0 - • • .. _.,--. • ,. • -.. .. ENGLEWOOD CITY COUNCB. ENGLEWOOD, AIIAPABOI COUNTY, COLORADO re11rur, 7,2111 1. Call te Oner The regular meeting m the Englewood City Council MS c:alled to order by Mayor Burns at 7 :38 p.m. Mayor Burns noted tbat we ba\'e quite a full boUlc tonight and we 1R ICbeduling a little diffcrcntly . He said they would advile tbcm mlhll as we go along III we c:an accomD!OCWc: C\'a}'ooe who is here. 2. lllvocatioll The invocation was given by Mayor Burns. J . Pled&e m Allqiuce The Pledge of A1legiancc was led by Mayor Burns. 4. RaUCall Prcsnt: Council Mcmben Gnzulis, Gama, B ........ Wololyn, Yurcbick, Burns Ablent : Council Member Nlbllolz A quonan -prclClll. S. M1-ta Also preacal : City Ma-,cr S.S City AttonlCy a-- City Clat Ellis Director Grypewic:z. Filllacill Services .e HCJUIUII f'-Specialill Orimmca (a) and (b) COUNCB. MIMKR allADSIIAW MOVID, AND IT WAS SECONDED, TO APPROVE THI MINUTES or 1111 UGULAll CITY COUNCB. MIITING or JANUARY 17, 2000 AND THI MINUTES or THI SPICIAL CITY COUNCO. MUTING or JANUARY JI, 2000. Ayes : Nays : Ablcnt: Motion carried. 6 . Sdledlded Viliten Council Members Gama, Bradshaw, Wololyn, Yurcbick, Gnzulis, Bums Nooe Council Member Nabbolz (a) City of Englewood Employees, Policle Offiocr Jobllloa and Ddectiw Garmt, were present to address Council repnling the City's ncpoa.n policy . Brad Johnson and Robin (Bobbie) Gam:tt i.-roduccd dlamcha. .., ) I . 0 • • • Englewood City Council Fel1111ary 7, 2000 Pagel " 0 0 - ·• Officer Garrett advised that they wort for Safety Services in the Police Division . He advised he is a patrol officer and Bobbie is a clctccuvc . We arc here tooigtil. be said. to present a proposal to amend the City Municipal Code 3-10-8, which addresses family employment rcllrictions . He explained thal the Code. paraphrased. says that no family member can be promoted to a position where they would supervise another family member. In December be was cooouragcd to take the promotional lest for sergeant. Upon testing be finished number one in the ISSCSSIIJCDl center process . He advised thal following the ranking announcement. Dim:tor Olson told him that be was the obvious choice for promotion. however the Municipal Code prohibited the promolion as loog as Bobbie remained with Safety Scnices. Director Olson gave him permission to research altcmalivcs with the Human Resources Department Head Sue Eaton. He said that. after meeting with Ms. Eaton, she met with City Manager Scars and City Attorney Brotzman to discuss altcmalivcs. Tbcy felt the code should remain. Mr. Jolllmxl said that. after reporting to Director Olson, be gave him permission to speak with City Manager Scars. Upon speaking with Mr. Scars be informed him that be would try to create a wi&'win litualioa. A week later. Mr. Scars informed him that the family restrictions should ranain as code. Mr. Scan advilCd him that be could not change the Municipal Code and that only City Council had 1h11 power . Mr. Johnson stated that the City Manager gave them permission to address City Council . He commented that be and Bobbie wish to create a "in/win situation. So, be said, they contactecf 12 GIiier cities oonceming their famil y employment restrictions and all of the cities but one permitted promotion and a,ntinucd employment. This was accompl ished by shift or division assignment that eliminated direct supervision . He IIOled that the departments contacted arc contained in Council's packets and they ran,e in liz.c from 30 employees to 250 employees. He noted that be and Bobbie have wortcd in scpar11e divisions for six ycan and have served the City for over eleven years. The City has invested tboumlds of clollan in developing us ao the assets we arc today, he said . The CWTClll Code climinlles any growth potClllial for die City 's cle\'clopcd assets and forces competent employees to leave its service . Mr. Joam.xi opillcd thal this aaaa a void in the quality of senice provided to the public . By April 1• tbeR wiU be twelve aerpnt positions with the possibility of creating another position al a la!« dale. He ...S ... die~ code pmoents direct supervision. however, with the number of ICl,eant positiw availlblc. CXltllplianclC ~ IIDl be difficult. The new code \\ill define the conditiom and limilalions aJIIIZllling clincl aupavilion . This step will create a win/win situation for the City and qualified candida!c:s can be hired and promoted wl the City can retain valued employees. he said . Mr. Johnson stated that the City or Englewood is a caaing edge community thal prides itself on cle\'elopmcnt and innovative practices . He said they rcspecdully request the Council to review the suggested alternative and allow continued growth for the City and its employees. Ms . Gam:tt said that over the past seven) weeks she has been confro!Ud with many issues. The bottom line being thal, unless she resigns from the City, Brad will not be promoted . She stated she values her career and while divorce would be a quick way to a,mply with the CIUffllt Code, to do so for promotion is morally and ethically wrong. She advised thal she contacled ocher organi7.ations to see how they dealt with family iSIUCS and lcarncd thal this is IIOl a unique situation. Many agencies have already updated or revised their family employment policies. Ms . Garrett opined 1h11 their changes made sense and are working . Updating our Code is not a major Wldertaking. she said. and incorporating a clear definition of "family member" and "direct supervisor" will leave little room for misintapmalion. As we all know, she said. people narurally resist change. Molt see change as uncomfortable, 1D1pn,clictable and unsafe . Change brings us face to face with the wllalown and our fears kick in. Will it wort ... can it wort ... will it be criticil'.Cd ... how much opposition is this going to C8Ule? Once implcmcmed. she said, change breathes new life and new ideas, without change individuals wl orpnimions stagnale. Ms . Garrett staled that change gets us to the next step and, thanks to changes, we have a Bill of Rigln and we use computers, the Internet and cell phones on a daily basis. Women -comprise 40% of the work force , they serve in the military and in law enforcement. Change can be difficult to ac,cept. she noted. Cinderdla City was once loved by all, but the needs and habits or the COIIIUIIICI' changed. Many tried to save Cinderella City and eventually change won out. She commented that. looking beck, she wonders wbal all the fuss was about, that cle\'eloping the Englewood Civic Center-always a good thing, it jull took awhile for everyone to accept the change . Change isn't easy , cspecia1Jy if it is pen,eived • a tbrat. The propoml code is non- • ) I • • • • l.a&kwood City C-..cil Febna,y 7, 2tOO Pqt3 ~ .,,-. • • - • .. ~ lhrcalening. it provides for oontinued ICrvice of family members with minimal change and no challenge. Conforming to the conditions will be the rapomibility of the employee. If a situalion were to arise. administllllion may consider allemllM:s, however, final dctenninalion will ultimalcly be in what best serves the interest of the public and the City . Cities and orpnmlioas arc growing. She commented thal recruitment of quality applic:allU Im become a ltrugglc. Reccnlly, Human Raoun:a initialed a campaign 1h11 provides c:asb incentMI to employees if the City hires their neighbor, their friend or a family member. Unless the cunait Code ii mlClldcld, bod! the employee and the rec:ruited family member CXJUld encounter limited growth througbout their enlire career aml promotion may be -xislcnt. The propoaed code is nodling 1110R Iha I tool . A tool 11111 c:aa be implem • ~ to bcaa IJen'e the noeds of I growing orpnizllion and commmtity. Ms. Glmlt adYilcd 1h11 in 1991 libc-activaled as part ofDcsen Storm. she was a Marine trained to perform a apecific task . The rules rcpnting discipline and conduct applied to everyone. Mania arc tided gn,cn aml peea llmdl for equality. It -being a wife, a blllband, a father or a lllOlbCI' ii irrdevam. It ii lboul piling the job cloac. Police officers an: the ones that wear blue. they arc the mm and women IWOl1I to -ad protcct. Policies and procedures cnsurc that everything we do. we do ripl I am a dedic:atcd police officer, libc aid, and libc and Bnd made an agreement with God and God alone. That agreement lhould have no bearing on career, rctention or promo(ion. Ms. Garrett said that she rcspeclfwly requests 1h11 Council revicw the propoml code they have provided. She stated it makes IICIIIC, that control aml integrity will mnaei#act and the City wiU have continued use of valuable assets and UIVCllDICIIIS . It is like putting llOdt in ow City 's future, she said. Mayor Bums advised thal Council docs not nonmlly comment too much when somebody comes up in this situllion . But fralkly, be aid, be ii inlc:rellod in pursuing this funbcr. He wasn 't sure if an ybody else was inlc:rellod. Council Mclllbcr Wololyn llated llbc was allO . Mayor Bums aid be would like to bow lboul tbclle other clepartmems and bow they get around the pn,blcm 11111 IMlid it. ladeed, be noted, OOIICitiolll have cllanpd a lot in the wortplacc in the past few clecalka. He aid lie 1111 ca1ailtly -it in ltis own profcssioa, the law. thal it bas oomplctcly changed . If there an: "1l)'S of trying to implematt • -policy 1h11 migbt be ICOOIIHDOdat ing, be aid, be was cenainly williag to ,..._ it. Mayor Bums aid be. for one, would like to bave a llUdy ~on on this and compare otbcr IXIIIIBUlilics and aec what they do. He pointed out that we obvioully have -urgency bcrc to review this. He noted be ICICS IOlllC beads nodding and llllicd if the Council members agreed. Council indicaled they conaam,d. Mayor Bums datad oacer .lobnat and Dc:tcctivc Glmlt for coming ... adYilcd them Council would pursue this for them . Mr. Johnson Jnd Ms . Gamtt thanked Council . Mayor Bums thanked the Safdy Scrvia:a folks for coming . Mayor Bums advilled thal they would be moving "--ICheduled visitors" to after a reception we are having. He noted we have a lot of people bcrc tonigbl. people to reoogniz.c who have been appointed to our boards and commilliom and we 1ft recognizing our Mdropolitaa Mayors and Commissioners Youth Award _.__ So they would like to go tbrougb that and then come back to the "non-5Cheduled visitors." IClcrt's note : Sec page 14.J s. c_......., ..... _ ..... _.~ COUNCU. MEMaER aRADSBAW MOVED, AND IT WAS SECONDED, TO ACCEPT W1111 RECHT AGENDA rn:MS I (a) wl I('). (a) A lcacr fn>m Jllld 5pMrtbcrg indic:lling her raigmlioa fn>m the Englewood Cultural Arts Commillioll • ) I . 0 • • -. • ,,.-·· • • - (b) A leaa' from Bill Vabcjcla mdic:llin& llil ,......_ from die Englewood Water and ScwerBoud. Ayes : Nays : Ablent: Council Members Gama. Bnidlllaw, Wololyn, Yurdlic:*, Gruulil. Burm Nolle Council Member Nabbolz (c) Appointment m Board 111d Comrnillioo Members. (i) 1bc rao1woa -IDigncd a lllllllbcr and rad by title: RESOLtmON NO. 6, SERIES OF 2000 A RESOLtmON REAPPOINTING CAROLYN ARMSTRONG TO 11fE PARKS AND RECREATION COMMISSION FOR 11iE CITY OF ENGLEWOOD, COLORADO . COUNCIL M&MKR 81lADSBAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I (c) (i)-USOLOnoN NO." SERIES OF 2880. Ayes : Council Members OamU, Bmdsbaw, Wololyn, Yllldlict. Gruulil. Bums Nays : Noac Allleat: c-il Member Nabbolz (ii) COUNCIL MDOEll WOU>SYN MOVED, AND IT WAS SECONDED, 10 Al'l'llOVE AGENDA ITDI I (c) 00 RESOLtmON NO. 7. SERIES OF 2000 A RESOLtmON IIEAl'POIJln1NG GARY C. BOWMAN TO 11fE NON-EMERGENCY RETIREMENT BOARD FOR 11IE CITY OF ENGLEWOOD , COLORAOO. Ayes: Council Members Gama, Bradlllaw, Wololyn, Yurdlic:*, Gruulil. Burm Nays : Nolle Ablcnt: Council Member Nabbolz Motion carried . Mayor Bums praented a certificate and City pin to Mr. Bowman. (iii) COUNCIL MEMaER WOU>SYN MOVED, AND IT WAS SECONDED, 10 APPROVE AGENDA ITEM I (c) (iii). RESOLtmON NO . I. SERIES OF 2000 A RESOLtmON REAPPOINTING LORRAINE CAHILL TO 11fE PUBLIC LIBRARY BOARD FOR 11fE CITY OF ENGLEWOOD, COLORADO . • " ) I· 0 ] • • ----------------------,., ____________________________ __ Nays: Ament: • • • Council Memben Gama. Blldlbaw, Wolosyn. Yun:llick, Grazulis, Burm Noac Council Member Nabbolz .. (iv) COUNCB. MJ:Mal:R GRAZULIS MOVl:D, AND IT WAS SECONDED, TO Al'l'llOVI: AGENDA ITEM I (c) (Iv). RESOLtmON NO. 9, SERIES OF 2000 A RESOLUTION REAPPOINTING LEROY WU.US DaVAUL T TO 1llE NON-EMERGENCY RETIREMENJ" BOARD FOR 1llE crrv OF ENGLEWOOD, COLORADO. Ayes : Nays: Ament: Mocion canied. Council Memben Garreu, Blldlbaw, Wolosyn. Ywdlic:t, Orazulis, Bums Nooe Council Member Nabholz Mayor Bums prelClllled a cer1ificale and City pin to Mr. Da Vault (v) COUNCB. MEMal:R WOLOSYN MOVED, AND IT WAS SECONDED, TO AffllOVI: AGENDA ITEM I (c) (v). RESOL'l1110N NO. 10, SERIES OF 2000 A RESOLtmON APPOINTING JOHN A. GATES TOllfE CUL1lJRAL ARTS COMMISSION FOR 1llE crrv OF ENGLEWOOD, COLORADO. Vatc raaltl: Motion canicd. Nays : Ablent: Councill Memllen Gama. Blldlbaw, Wolosyn. Yun:llick, Grazulis, Burm Noac Council Member Nabbolz (vi) COUNCB. MJ:Mal:R GllAZIJLIS MOVl:D, AND IT WAS SECONDED, TO APPROVI: AGENDA ITEM I (c) (TI). RESOLtmON NO . 11, SERIES OF 2000 A RESOL'l1110N APPOINTING CHARLES HABENICHT TO 1llE WA'IBR AND SEWER BOARD FOR 11fE crrv OF ENGLEWOOD , COLORADO. Ayes : Nays : Ablcnt: Mocion canicd. Council Memben Gama. Blallllllw, Wolosyn. Yurdlick. Onz111is. Burm None Council Member Nabbolz • ) I· 0 - • • Eactewood City Coucil Ji'ebnary 7, 2800 .. , ,,-. • • -... Mayor Burns preacnted I c:er1ifialle and City pin to Mr. Habenichl. (vii) and (viii) COUNCU. MEMRR WOLOSYN MOVED, AND IT WAS SECONDED, TO AffROYE AGENDA ITEMS I (c) (Yil) M4II (viii). (vii) RESOLUTION NO . 12. SERIES OF 2000 A RESOLUTION APPOINTING RU11f HANSEN TO TIIE a.EAN, GREEN AND PROUD COMMISSION FOR TIIE CITY OF ENGLEWOOD, COLORADO. (viii) RESOLUTION NO. 13, SERIES OF 2000 A RESOLUTION REAPl'OINTING RU11f HANSEN TO TIIE CODE ENFORCEMENT ADVISORY COMMITIEE FOR TI1E CITY OF ENGLEWOOD . COLORADO . Aycs : Nays : Ablcnt: Coad Members Gama. Bradlbaw, Wololyn. Yun:bidl, Gnzulis. Bums None Council Member Nabbolz (ix) COUNCD. MEDER GllAZUUS MOVED, AND IT WAS SECONDED, TO Al'l'aOYE AGENDA ITDI I (c) (ls). RESOLUTION NO. 14, SERIES OF 2000 A RESOLUTION APPOINTING KENNE11I J. HARALDSEN TO TI1E URBAN RENEW AL AU11tOIUTY FOR TIIE CITY OF ENOLEWOOD, COLORADO. Ayes : Nays : Ablcnt: Motion canicd. Council Members Gama, Bradlbaw, Wololyn , Yun:bidl. Gnzulis. Bums None Council Member Nabbolz Mayor Burns preacnted a c:er1ifialle and City pin to Mr. Haraldlcn . (x) COUNCD. MEMIIER •RADSBAW MOVED, AND IT WAS SECONDED, TO AffROVE AGENDA ITEM I (c) (s). RESOLUTION NO . IS, SERIES OF 2000 A RESOLUTION REAPPOINllNG JIM IUGDAY TO TIIE WATER AND SEWER BOARD FOR 1llE CITY OF ENGLEWOOD, COLORADO . Vote,-lb: Ayes : Nays : Ablcnt : Council Members Gama. Bradlbaw, Wololyn. Yun:hick, Grazulil, Bums None Council Member Nabbolz • ) I· 0 • • hpewood City C-11 ll'ebrury 7, 2000 Pqe7 Motion canicd. .,,-. • • - (xi) COUNCU. MEMal.R WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I (c) (d). RESOLUTION NO. 16, SERIES OF 2000 A RESOLUTION REAPPOINTING NORMA HOLMBERG TO 1llE ELECOON COMMISSION FOR 11fE CITY OF ENGLEWOOD, COLORADO. Motion carried. Ayes : Nays : Ablent : Council Membcn Gama, Bradshaw, Wolosyn, Yurdlic:k, Grazulis, Bums None Qiuncil Member Nabholz (xii) COUNCU. MEDI.R GRAZULIS MOVED, AND IT WAS SECONDED, TO Al'PROVE AGI.NDA 11'1.M I (c) (Iii). RESOLUTION NO . 17. SERIES OF 2000 A RESOLUTION APPOIN11NG TARA HOLMES AS A YOU11{ MEMBER OF 1llE PARKS AND RECREATION COMMISSION FOR 1llE Cl1Y OF ENGLEWOOD, COLORADO . Ayes : Nays : Ablent : Motion carried. Council Members Gama, Bnidsbaw, Wolosyn, Yurdlic:k, Grazulis, Bums None Qiuncil Member Nabholz Mayor Bums preaeatod a cer1ificale aad City pin to Ms . Holmes. (xiii) aDd (xiv) COUNCU. MEMBI.R WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGI.NDA 11'1.MS I (c) (xiii) UNI (liv). (xiii) RESOLtmON NO . 18, SERIES OF 2000 A RESOLUTION APPOINTING J. WILLIAM (Blll..) McCAHlll.. TO nm CLEAN , GREEN AND PROUD COMMISSION FOR 1llE CITY OF ENGLEWOOD, COLORADO . (xiv) RESOLtmON NO. 19, SERIES OF 2000 A RESOLUTION APPOINTING J. WILLIAM (Blll..) McCAHlll.. TO nm CODE ENFORCEMENT ADVISORY COMMITl1:E FOR 1llE CITY OF ENGLEWOOD, COLORADO . Ayes : Nays : Ablent: Motion carried. Council Members Gama, Bradsbaw, Wolosyn, Yun:bick, Grazulis. Bums None Council Member Nabholz • ) I . 0 • • I 0 Eqlewood City C-8 Febnary 7, 2000 .... • • - .. ' (xv) COUNCO. MEMKa WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITDI I (c) (n). RESOLUTION NO . 20, SERIES OF 2000 A RESOLUTION APPOINTING JANET MOORE TO nm CUL 11JRAL ARTS COMMISSION FOR nm CITY OF ENGLEWOOD, COLORADO . Ayes : Nays: Ableat: Council Members Gama. Btadlllaw, Wololyn, Ymdlic:k, Olazulis, Bums None Council Member Nabbolz (xvi) COUNCO. Ml:MaER allADSIIAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITDI I (c) (m). RESOLUTION NO. 21 , SERIES OF 2000 A RESOLUTION REAPPOINTING EUGENE OTIS TO nm WATER AND SEWER BOARD FOR 11fE CITY OF ENGLEWOOD, COLORADO. v• ftlllNI: Ayes : Nays: Alllcnl: Council Members Olma. Btadlllaw. Wololyn, Ymdlict, Gluulis, Bmlll None Council Member Nabbolz (xvii) COUNCO. M&MaEa GllAZlJLIS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITDI I (c) (nil). RESOLUTION NO. 22 , SERIES OF 2000 A RESOLUTION REAPPOINl'ING ROBIN OITOSON TO 11fE PUBLIC LIBRARY BOARD FOR 11fE CITY OF ENGLEWOOD, COLORADO . Ayes : Nays : Absent : Motioo carried. Council Members Gama. Bradshaw, Wolosyn, Ymdlic:k, Olazulis, Bums None Council Member Nabbolz (xviii) COUNCO. Ml:MaER 8RADSBAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I (c) (mil). RESOLUTION NO . 23, SERIES OF 2000 A RESOLUTION REAPPOINTING CHRISTOPHER RANSICK TO 11fE PUBLIC LIBRARY BOARD FOR nm CITY OF ENGLEWOOD, COLORADO . • r ) I· 0 • • I 'J -. • • • - Ea&leweod City C-U Fdlnaary 7, 2800 Pqet Voteraaltl: Motion Cllried. Ayes : Nays : Ablent: Council Members Gama, Bl'llllllln'. Wolosyn, Yurdlick, Gnzulis, Bums Nooe Council Member Nabholz (xix) COUNCD, MEMBER WOI.OSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I (c) (llh). RESOLunON NO. 24, SERIES OF 2000 A RESOLunON REAPPOINl1NG DOUGLAS E. RININGER TO 1HE PLANNING AND ZONrNG COMMISSION FOR 11fE CITY OF ENGLEWOOD, COLORADO. Voteraaltl: Ayes : Nays : Ablcnt: Motion carried. Council Members Gama, Bl'llllllln', Wolosyn, Yurdlick, Grazulis, Bums Nooe Council Member Nabholz Mayor Bums prCICllled a ccnificMe ad City pin to Mr. RiaiDF. (xx) COUNCIL UMRll YUllCIDCK MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITDI I (c) (n). RESOLunoN NO. 25 , SERIES OF 2000 A RESOLunoN REAPl'ORfflNG DONALD ll011I TO 11IE CODE ENFORCEMENT ADVISORY COMMfl"IEE FOR 11IE CITY OF ENGLEWOOD, COOORADO. Ayes : Nays : Ablent : Motion carried . Council Members Gama, Bl'llllllln'. Wolosyn, Yurdlick, Gnzulil, Bums Nooe Council Member Nabholz Mayor Bums praeolCld a certificale and City pin IO Mr. Roth . (xxi) COUNCD, MEDER WOI.OSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I (c) (ul). RESOLunON NO. 26, SERIES OF 2000 A RESOLunON APPOINl1NG GREGORY SAlJl'ER TO 11IE PLANNING AND ZONrNG COMMISSION FOR 11IE CITY OF ENGLEWOOD, COLORADO . Ayes : Couacil Memben Gama, Bl'llllllln', Wolosyn, Ywc:llict. Gnzulil, Bums • ) I . 0 - • • • l:a&kw• City c..u fdlnary 7, 2'00 P-.10 Nays: Ablicnt : Motion carried. . ' .. • --. • • - (xxii) COUNCD, MEMaER allADSIIAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITDI I (c) (ml). RESOLUTION NO. 27, SERIES OF 2000 A RESOLUTION REAPPOINllNG DONALD D. SEYMOUR TO 11fE BOARD OF ADJUSTMENT AND APPEALS FOR 11IE CITY OF ENGLEWOOD, COLORADO . Ayes : Nays : Absent: Motion carried. Council Members Gama, Bnldllllw. Wololyn, Yun:hick, Glazulis, Bums None Council Member Nabllolz Mayor Bums pre8CIIICd a ccr1ificatc and City pin to Mr. ~- (xxiii) COUNCD, MEMaER allADSIIAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITDI I (c) (Dill). RESOLUTION NO . 21, SERIES OF 2000 A RESOLUTION REAPPOINllNG JOHN W. SMl'Jll lD TO 11IE BOARD OF ADJUSTMENT AND APPEALS FOR 111E CITY OF ENGLEWOOD, COLORADO. Ayes : Motion carried. Council Mclllbcn Gama, Bradllln. Wololyn, Yun:hick, Gluulia. a.. None c.o.ncil Member Nabllolz (xxiv) COUNCD, MEMaER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITDI I (c) (Div). RESOLUTION NO. 29, SERIES OF 2000 A RESOLUTION REAPPOINTING DAVID WEBER TO 11IE PLANNING AND ZONING COMMISSION FOR 11IE CITY OF ENGLEWOOD, COLORADO. Ayes : Nays : Ablent: Council Members Gama, Bradlbaw, Wololyn, Yun:hick, Glazulis, Bums None Council Member Nabllolz (xxv) COUNCD, MEMIIER GllAZIJLIS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITDI I (c) (u.). ") , I . 0 - • • --. Eaalew ... City c-11 Fellrury 7, 2000 ... 11 RESOLl!l'ION NO. 30, SERIES OF 2000 .. ,-. • • - .. 4 .. A RESOLl!l'ION REAPPOOO"ING BERVE'JTE WILLIAMS TO 11IE PUBLIC LIBRARY BOARD FOR 111E CITY OF ENGLEWOOD, COLORADO. Ayes : Nays : Ableul: eo..ciJ Members Gama, Biadsbaw, Wolosyn, Ywdlici, Gramlil, Bini .._ c.-:il Member Nabholz (xxvi) ..t (xxvii) COUNCIL MEMBER YURCBICK MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITDIS I (c) (Kni) ud (UTii). (xxvi) RESOLtmON NO . 31, SERIES OF 2000 A RESOLl!l'ION APPOINTING JAMES K. WOODWARD TO 11IE PARKS AND RECREATION COMMISSION FOR 11IE CITY OF ENGLEWOOD, COLORADO. (xxvii) RESOLIJI'ION NO. 32, SERIES OF 2000 A RESOLIJI'ION APPOIN11NG JAMES K. WOODWARD TO 11IE URBAN RENEW AL AU11fORJTY FOR 11IE CITY OF ENGLEWOOD , COLORADO . Ayes : Nays : Ablent: Molioa cmried. Council Members Gama, Biadsbaw, Wolosyn, Yurdaick, Orazulis, Bums Nooe Council Member Nabllolz Mayor Bums p--.1 a ccnificate ad City piB 10 Mr. WoodMrd . ••••• Mayor Bums Slaled 11111 these folks who wluDleer for our boards ..t commissioos arc invaluable people in the community and they raider a tremendous ICIVice. He DOied -of them have been on these boards for years and have been reai,pointecl 111d they render an awful lot of ICIVia: to the commwiity. He asked for a big round of applaulc for all of them. (d) Recognition of Englewood 's Metropolitan Mayon ..t Commissions Youth Awards IIOlllinca. Mayor Bums Slaled we arc plealCld to be bonoriDg 16 )'OIIIII people who have been oominaced for the 1999-2000 Mctropolican Mayon ..t CommilPCWW Youdl Annk. This propmt rcc:ogni7.Cs young people who bave CMR:clfflC difficull liblllioal ill tbcir lives wl rim! IO dlallc:nr of alMrlily. The young people we arc banoring dlis C\'aliDg have bcal dnup bnlbips lhal IIIClll of us can·, even imagine . Alcohol ... drug .. baales, abusive 111d clylfuDclioaal family liblalions, debililaing illness and mcdic:al CXJDdilioas, the tngic cleadls of dole frielldl ..t family members, gang affilialions and even flight from a war tom a,umy. 1beae ialliaees lllve talrm Cllllb'ol oftbcir lives. turning their advasiey to advantage. They llllde a difl"ermce in their own liva 111d in the liva of !hole IRIUlld them . Their Sln:llgth ) I . 0 • • ~CityCaudl Fd1111ary 7, 2000 ,.12 ~ ...-. • • - .. .. ... 1111d dderminllioa an: an iJllpinlioa 10 111 all. We will be boaoring each Melropolitan Mayors 1111d Commissions YOUlh Award nominee with a c:atificlle CXlft,8iDg our admiralion. He DOied there are some other ilems -are giving diem 11111-think dley will find aeful. Mayor Bums explained that our Mayor Pro Tan Beverly Bradllulw, wllo --OD die Boanl cl Maaprs for the Melropolitan Mayors 1111d Commiaioas YOUlh Awads, would lldp bim with the awards. Ms. Biadshaw will call out the names . Mayor Bums ...S 11111 after the official reciopilion we will brealt for a brief reception and visit with them. We~ -cake and ota ld'relll-. ia the beck. Mayor Bums noted -~ dODe dlil for aewral ,-sad there are just amazing stories behind each one of tbele mminees. From a-cxpeiience, be lllid, tbele kidl aw just overcome absolutely amazing odds and dlil is jull a terrific: pnlllam ad we are very proud IO be pal mil At du lime. Mayor Bums lllid, be would 111111 the calliag mthe -over 10 Council Member Beverly Bradlbaw. (i) Samalllba E . Council Council Member Bradshaw llaral SanmllbaE. c.ounat is a lludenl • Colorado 's Finest Alternative High School . Mayor Bums pracnted Ms. Council with a c:atificlle, la:lqact. Godlic 1beller conocrt tickets, free Parks and Recrellion pus and a Pats and Recrellion T-lllirl (ii) Council Member Bradshaw llaral mmillee Jcmifer Dickey is a IIUdelll at Cololado's Finest Alternative HigllScbool. Mayor Bums prCICDled a c:enific:ale, '**I**, Godlic 'l1lealCr aJIICClt lickcts. free Parks and Rccrcabon pus and a Pam and Recralioa T 4ailt to Ms . Dicby'1 IIIOther, • Jennifer Dickey bad 10 wort tonight. (iii) Sam Oma Council Memberllnldllaw llaral llllllliDee Saab Dou is a lludenl • Colorado's Finest Allemalive High School . Mayor Bums prelCDICd Ms. Oma with a cerlificalc, bldqJack, Gothic Theater conocrt tickets, free Parks and Rcc:realion pus and a Parks and Recrealion T-shirt. (iv) Council Member Bradshaw staled nominee Stephen Gom.ales is a llUdc:nt at Hwnanex Academy. Mayor Bums preaented Mr. Gow.ales with a c:atifialfc. la:lqact. Gothic 1beller concert tickets, free Pub and Reaalion pus and a Palb and Recreation T-tllirt. (v) RayDDld Hadlaway Council Member Bradlbaw llaral DCNDiMe Raymond Hadlaway is a llUdeat at Colorado 's Finest Altenmive Hip School . Mayor Banis preaellled Mr. Hadlaway with I cenificalc. bldqJack, Goihic Tbeater coocert tiw:ts, free Pub and RcaalioD pus and a Parks and Recreation T-tllirt. • ' ) I • 0 • • Eli&lewood City Coudl , • .,..,.,. 7, 2800 Paa,e13 (vi) Jared King • ,..,. . • • - Council Member Bradshaw staled nominee Jared King is a ltudcnt Ill Humancx Academy . Mayor Bumi prelellled Mr. King with a certificllc, backplCk. Ootbic 1bam aJDCert tickets. free Parks and Recrelaoll ... and a Pana and Recralion T-tbilt. (vii) Rebecca MatQDeen c.ouacil Member Bradlhaw ll*d nominee is Rdlccca MatQDeen is a ltlldcnl Ill Humanex Academy. Mayor Baral prelellled Ms. MacQueen wi .. a cenific:ale. backplCk. Gothic 1bam concert tickets, free Pana a Reaaaoa ... and a Pana and Reaalioa T 4lirt. (viii) Kimberly Ramsey Council Member Bradshaw ltated nominee Kimberly Ramsey is a student at Colorado's Finest Alternative High Scbool. Mayor Bums presented Ms. Ramsey with a c:atific:atc, backplCk. Gothic Tbeata a,nccrt tickets, free Parks ad Recrelaoll pass and a Parb and Recrealion T-shilt. (ix) Taja Ristic Council Member Bradshaw ltated nominee Taja Rillie is a ltlldcnl • Englewood High School. Mayor Bums presented Ms. Rillie with a c:atific:atc. backplCk. Ootbic Tbeata aJDCert tickets. free Parks and Recrelaoll pass and a Parb and Recrelaoll T-lllin. (x) Desiree Ruelas Council Member Bradshaw Slated nominee Desiree Ruelas ii a llUdenl al Colorado's Finest Alternative High School . . , . Mayor Bums presented Ms. Ruelas with a CCllificllc, backplCk. Gadlic 1bealcr c:onccrt tickets. free Parks and Rtlcreaaion pass and a Pana ml Reaalioa T-lllin. (xi) Tllomas Sbja Council Member Bradshaw Slated nominee Thomas Sbja padulted &om High School last year and he is serving in lhe Navy. Mayor Bums presented Mr. Sbja 's falher with a ClCl1ificalc. backplCk. Ootbic T'bealer a,nccrt tickets. free Pam and Recrealion pass and a Pana and Reaalioa T-lllirt. (xii) Andra Smith Council Member Baadlbaw 11-.1 nominee Andra Smith is a ltudcnt III Sinclair Middle School . • .. ) I . 0 J • • -. £aclewNd City c..adl PeMUrJ 7, JIN ...... I ' :',., (xiii) Cllrillme Slnctcr • • -· • • -.. "' Council Member 8llldlllaw 111111d ~ Cbrillme Slnctcr is a llUdent at Colorado's FiDCSI Alternalivc Higb Scbool . Mayor Bumi pnllCIIIDd Ma. Slnacr widl a cer1ifiade, ~ Gocbic Tbealcr CXIIICCl11ickcts. fi'cc Parts and RecrCllioD ... al a Pam al Recreation T-shirt. (xiv) Rabat J. Tommo Council Melllber S......... lllled aomiDlle Rabat J. Tommo is a llUdent • Colorado 's Finest Alternative Higb Scbool . Mayor Bumi pnllCIIIDd Mr. Tommo with a certific:alc, ~ Gotbic Tbealcr ClOIICClt lic:kds. fi'cc Parts ad RecrCllioD ... ad a Pam al Recreatioo T-shirt. (xv) z.oe Williams Council Member 8llldlllaw ltatCld nominee z.oe Williams is a Sblllent • Sinclair Middle School . Mayor Bums pmented Ms . Wtlliams with a certific:alc, ~ Gothic Tbealcr ClOIICClt lic:kds. free Parks al Rec:reatioll .-and a Parks al Recration T-shirt. (xvi) Tobin Woodlee Council MemlJer 8llldlllaw lllled ~ Tobin Woodlee is a ltudmt at Colorado's Finell Altcmalivc Higb Scbool . Mayor Bums plaeated Mr. Woodlee with a ClCl1ificate, ~ Oothic Tbealcr ClOIICClt lickds, free Parb al Recreatioo ... and a Pam al Rec:reatioll T-tbirt. ••••• Mayor Bumi offend apcc:ial ..... 11D the Gadlic Tbealcr for their lllppOl1 of this impar1IDt program . 1'hmb allO, be aid, to the Eqlewood Pam and Recreatioo Dqa1mcnt and thmks to everyone for joiniag • dm C\'Clling to bolKW tbele WI)' apcc:ial young people . Mayor Bums abd that they give them all a big nlUlld of applaulc. He abd that everyone join • for the na:plion . (e) Brief Rcceplioa Council recessed at 8:09 p.m. for a brief' na:plion honoring the Mctrupolilall Mayors and Commissions Youth Awards nominees. The meeting n,coavened at 8:34 p.m. with six Council members p1aen1 al oae llllcal, Council Member Nabbolz. (a) Doug Colin, 30" South Marion Slnlct, advilcd that be is a -._ in town and be was at a lia:bcoa a coaple of weeks IF and be didn't lmow where dlis nifty pl-.ic came from, that be didn't C\'al lmow there was a COlllal, but be thmbd Council for Mlcxaiag bim III J:aclewood . • ' .. ~ ) I . 0 - • • -. E•&lewood City Coaacil Jl'ebniary 7, 2000 Pq,el5 . ' ~ ,-. • • - Mr. Cohn said be bu a litullioa. Sc\ieral of the merc:blllls on Broachwy are really interested in having a sidewalk ale. He explained lhll wllll Ibey are talking aboul doing is having a small number, three or four . scpuaae, dimeet siclewllk ales cuing the year, Ibis would 1111( be a rominuous sidewalk sale going on f_.. He noud Ibey would ·llaft to CIOCll'dimlc data. It would just be a one day thing like a Saturday . Mr. Cohn said wllll Ibey~ lib die Cilytodo is put uponcoftboae nifty banners, or maybe a couple of nifty llamas, to CIIC:II the clme-dlnlugh all Mldt long or a couple of weeks long before we have the sidewalk ale ad have • -,. ~ • may want to palticipate. Mr. Cohn said he can picture in his mind Ill rl the SOUlh Broadway huli llmlll • big Grram EngJcwood sidewalk sale on a Saturday and acaiml loll rlfolkl drivillg dllUugb to 1111p and lhop here. He opined it would be a g,cat spike in sales tax and a pal IPikc in Illes for the ltola. We llaft this problem. be said, it is against the law. He just dilCOYCl'ed ii is apilllt the law. Mayor Bums adviscd tllll wc Wall dlrougll dlis -.I mondll ago, it -the same issue ... sidewalk sales. He said wercn 't wc going to look al 1h11 ordinmce? City Ma...-Scars advised wc arc in the process of doing 11111, 1h11 ii is an upcoming topic. City Attorney Brotmlln said ii will be discussed al an upcoming 5IUdy IICSSioo . Mr. Cohn asbd if be could invite himlclf or maybe a few of lbcm to a 5IUdy session, where they could take 1e11 minutes and llllkc a concrctc praclllalion and say wc want lo do it on the firs! Sanuday in March and the -.ond Saturday in July or whaleYer ii would hlppal to be and kind of lay out what they have in mind to do . Apparmtly, he said, right_. the City~ do 1111( allow a sidewalk sale of any son . Mayor Bums said 1h11 is right He adviscd Mr. Cobn dial Couac:il bad someone come before them a few llllllldls 11D with the amc issue. Coallcil agiml to look inlo ii dlrougll lllff with the idea of lrying 10 formulate mmeway you could llaft a sidewalk ale. Council Member Orazulis adviscd ii is on the March 2ff' Sbld)' Salion Agenda. Mayor Bums said Ibey will review it at the March 2ff' Sbld)' Scaion, 10 it is in the worts . City Manqcr Scars DOied that wc ba\lC a prClpC*d policy 10 allow sidewalk sales. We have basically had to rcaearc:b that in lalllS rl why they were 1111( alloMd. and dac were -complications from a liability viewpoint that we llllld• take a look at He knows thll the mlf is rocommcnding a propoecd sidewalk sale policy to allow 11111 type of thing to happen. Mr. Scan commcnled that it -scbcdulcd for March 20., because we have so many other issues we arc dealing with right-. that wc didn'I have time to move ii ahead . He said Ibey could take a look at lrying to -ii to• mrlicr meeting. City Attorney Brotzman advised that one rl the rcaDIS it is let for Mardi 20• is that staff worked on the policy from previous coavcnations and previous Council inpul and CIIC rl the dlinp they wanted 10 be sure of is that Neigbborbood and Bulincls Development bad a cbw:e to go ou& in the business commWlity and lalk to the business owners like Mr. Cohn to give them an opportunity to ba\lC inpul inlo the policy as well . Mr. Cohn adviscd that be bu a list rl mcrchalU, wbicb Ibey lipcd in aboul twenty minmes one afternoon. who tbiM this is a lplmdid idea. He IUbmittcd the list to the City Clcrlt. City Manqcr Scars lt*d 1h11. from that litl, 111ft' can go ahead and llelld a notice and make the proposed policy available. Mr. Cohn aid 1h11 would be 11W011daful . Mayor Bums adviscd Mr. Cohn that Council appreciates bis imerelt. Mr. Calm said Ibey would be open to coming to a IIUdy IICSSioo and talking to Council. • .. .. ) I . 0 ]- • • E•ckwood City C-.cil Febnaary 7, 2G80 Pqel6 • ---< • • - ••••• .. ~ ' Mayor Bums aid be noCiced 11111 Leigh Ann Hofthines jull went out the door, thal she was cleaning-up. He stated thal Ms . Hoffhines did an awful loc a( wOft oa the Melropolitan Mayors and Commissions Youth Awards as she does every year and she lhould be giwn -apccial recognition for that. If she comes back in, be said, be would lib to recognize her. When Ms. Hoffhines came: back in the room she -greeted with applame. Mayor Bums Slated that they just wanted to thank her for Ill the wort she Im done OD the Mdrupolilml Mayors and Commissions Youth Awards . (b) Skip Miller lllled they bm: bid ane COD1inucd discussions with the Englewood Eoviroamenlal Foundalioa rqardiag their COlllnct with the City . RecommendatiOIIS have been made, there bm: been propoals 111d countcr propoals 111d we submitted a response to your last IXllllller to our proposal ... I guess, be said, it is a OOWl1Cr to the cowur. Mr. Miller explained that they arc wishing to undersland the diret1ion it is going in now . Mayor Bums noted there is a resolution in froat of Council tonigi. and 11111 Council 's position is to stand fast on the $350,000 .00 . He advilCld that they don't have a problem with the second paragraph. regarding the square fOOlaF aftenancy, and they don 't Tally have a problem with the ocher pans of his letter. He stated they apprccialc bis flexibility OD Plwe 2, but the resolution tonigi. will be to continue with their request. Council Member Bradlhaw lllled dial the resolution as amended stands. Mayor Bums said he tbougbl we bid axJtber resolution toaigbl Ms. Bndlhaw explained it was just included in the packet . City Attorney Broumm advilDd thll be Im the one that -puaed lasl week. In other words. Mayor Bums aid, it is the -• aC Couacil thll the resolution thll pawd lasl wcct will stand. Then, Mr. Milkr aid, be is a liale bit CXlllfiad becaUle be thoupt Mayor Bums aid there were a couple of thinp in their leaer thll they do llllt bm: a pniblenl with Mlich were inoonsillent with the one that was there befon:. City Attorney Brotzman lllled dial Englewood Envi..-.1 Foundalioa will make the final determination. Mayor Burns aslied ifthel'Cllllllioa they pawd needed to be cbanpd at all with regard to the letler . Council Member Garrett said DO, that in CSICIICC they stood by the raolution ... that was what they discussed. So the only topic they were diacuaing -pans a( the letter, but they still want to keep the resolution as adopted. Mayor Bums asked bow 11111 ldl comDNmiaMd to the clemoper, Englewood Environmental Foundation . City Attorney Brotzman advilCld thll they just did. So, Mayor Burns said, they arc leaving it up to Englewood Enviroamc:otal Foundation to make those changes such as they might .a to do, but the raolulion of the Council will stand as it is. He told Mr. Mill« that they don't mean to confide him. Mr. Mill« aJlll-ied that we all arc, but that is fine . Mr. Miller asked if they arc empoweral to make any modifications inconsiSlell. potemially. with Council's proposal if they so desire . City Attorney Brotzman said DO . He explained that whal Council is saying is 11111 Englewood Environnmltal Foundation nccds to ranain oonsilllalt with the resolution. That means the $350,000 .00 stays the way it is and Plllle 2 stays the way it is. 1berc is one propoal, be said, that Miller Weingaltcn made, regarding c:bangiDg the square foouge neccaa,y, fnim 150 IO 7S . Mr. Brotzman advilCld that that -not dilCIIIDI, that is not incomislmt and Englewood EIMIOlllllell&I Foundation can modify that provision . Tbat one is not incoasiSlell, 10 they can cun,e thll one. Mr. Miller said okay . • ., ) I . 0 - • • EqlewNIII City C-61 Ji'eltnary7,2118 Pqel7 • • • - .. (c) Duma Rowland Sandlin adviled lblt lbe -going to be die wice of her 93 year old mochcr, Dorucby Rowland, wbo li\'a It 3346 South Marion . SIie lbaked Council for letting her be her mochcr's wicc. Ms. Sandlin rad die following llalcmelll frum her modler. 1'o die Englewood City Council . As I baYC spcnl 66 years of my 93 years in Englewood, a homeoMICI', a business owner and operator in early yean, my bulbmd, now dcccaled. -a public IICIValll of dlis Cily, I would like to expns • opiDioa oa a propoul I bcanl -to be brouglll up al y-meeting. The subject of an apa1IIIClll complex oa die lol al Broadway and Englewood Parbway does DO( aeem rigbt to m.:. There arc plcllly of apar1IDallS in Eaglewood, without one in -llllin lboppillg an:a. Plcale let us work on our businalcs. I believe Ibis City needs a nice family type lit-4own rataurant. wlleR people can drop-in. have a lcilUl'Cly -1 or a aip of coftec. This a,mcr would be a pafect localioa for such a busincu. But, plcuc, DO( a fall food outlet." 9 .......... No public bearing -IChcdulcd before Council . IO. C__.A.-aa (a) Approval ofOrdinanca oa Finl Reading COUNCll. MEMBER GAlllll:TI' MOVED, AND rr WAS SECONDED, TO APPROVE CONSENT AGENDA ITDIS II (a) (I)• (ii), II(') (I). (ii), (Iii) ud (iv), AND 10 (c:) (I) ud fti). (i) COUNCll. Bll.L NO. S, INTRODUCED BY COUNCil. MEMBER GARRETI A Bll.L FOR AN ORDINANCE At.mtORIZINO 11IE DELEGATION TO 11IE CITY AND COUNTY OF DENVER. COLORADO OF 11IE AtmlOIUTY OF 11IE CITY OF ENGLEWOOD, COLORADO Wl11I RESPECT TO 11IE ISSUANCE OF SINGLE FAMILY HOME MORTGAGE REVENUE BONDS (11IE "BONDS") TO FINANCE RESIDEN11AL HOUSING FACil.lTIES FOR LOW AND MIDDLE INCOME Pl:RSONS AND FAMILIES Wl11llN 11IE C1Y OF ENGLEWOOD , COLORADO AND CERTAIN 01llER CITIES AND COlJ""1ES IN 11IE STATE OF COLORADO; APPROVING SUCH BONDS AND A SINGLE FAMILY MORTGAGE LOAN PROGRAM ; AND AU'JliORIZING 11ffi EXECl1110N AND DELIVERY OF A DELEGATION AGREEMENT AND OTHER DOCUMENTS IN CONNECTION 111EREW111f. (ii) COUNCil. BILL NO . 6, INTRODUCED BY COUNCil. MEMBER GARRETI A Bll.L FOR AN ORDINANCE AtmlORIZING AN INTEROOVERNMENT AL AGREEMENT BETWEEN 11ffi COLORADO DEPAR1MENT OF TRANSPORTATION (COOi) AND 1llE CITY OF ENGLEWOOD PERTAINING TO A GRANT EST ABLISIUNG A TRAFFIC ENFORCEMENT PROJECT. (b) Approval of Ordinances OD Second Reading (i) ORDINANCE NO . I, SERIES OF 2000 (COUNCil. Bll.L NO. I, INJ'RODUCED BY COUNCil. MEMBER GARRETI) AN ORDINANCE AMENDING TITLE 12, CHAPJ'ER ID, SECTION 4, CHAPTER 2, SECTION 3H , CHAPTER S, SECTION 6A, AND CHAPJ'ER 8, SECTION 10, OF 1llE ENGLEWOOD MUNICIPAL CODE 198S, PERTAINING TO STATE MANDATED LIMITS FOR LATE CHARGES FOR WATER. SEWER. STORM AND CONCRETE CHARGES . • ... ) I· 0 J • • -. Eactew-1 City C-U Jl'eltrury 7, 2811 ..... '. .. .. ,,-. • • - (ii) ORDINANCE NO. 2, SERIES OF 2000 (COUNCIL BllL NO . 2, INl1tODUCED BY COUNCIL MEMBER GARRETI') ... AN ORDINANCE AU11fORIZING TifE ACCEPTANCE OF A GRANT OF PROPERTY FROM RACO FAMILY PARTNERSHIP . (iii) ORDINANCE NO. 3, SERIES OF 2000 (COUNCIL BllL NO. 3, INl1tODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AMENDING 1Tl'LE 5, CHAPI'l!R 38, SECl10N 3, OF 1lfE ENGLEWOOD MUNICIPAL CODE 1915, WIDOI PERTAINS 10 LIQUOR OCCUPATIONAL FEES . (iv) ORDINANCE NO. 4, SERIES OF 2000 (COUNCIL BllL NO . 4, INl1tODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AMENDING 'JTl'LE 5, CHAPI'l!R 38. SECl10N 10, OF TifE ENGLEWOOD MUNICIPAL CODE 1915, wnll TifE ADDl110N OF A NEW SEC110N 10, PERTAINING TO OPOONAL PREMISES LIQUOR LICENSE AND OPOONAL PREMISES Wl'IH HO'IBL AND RESTAURANT LIQUOR l:JCENSE IN TifE CITY OF ENGLEWOOD. COLORADO AND RENUMBERING 11IE CURRENT SECTION 1010 SECTION 11 . (c) R.csoluuc.. and Mala. (i) eotffRACT Wl'IH AMERICAN MEOIANICAL SERVICE IN TifE AMOUNT OF 1315,260.0010 UPORADE TifE SAFETY SERVICES BUilDING HV AC SYSTEM. (ii) PURCHASE OF A% TON PICK-UP TRUCK FROM KING OLDSMOBILE GMC SUBARU, INC . IN 11tE AMOUNT OF 124,666.00 Ayes : Council Mcmbcn Olma, Bnidlllaw, Wololyn, Yun::bick, Onzulis, Buras Noac Council Member Nlbbolz Malioa carriod. II ........ A,-la (a) Apprvval al~ oa Fn Reading 1berc were DO additional itca. submincd for approval OD fint reading. (See Agenda Item 10 • Consent Agenda.) (b) Apprvval al C>rclinaK:Cs OIi Second Reading 1berc were DO additional itam lllbmilled for approval OD IIICOlld reading. (See Agenda Item 10 -Consent Agenda.) (C) R.csolUUC.. and Mala. (i) Dnctor Cilyglewicz preamled a moomme•ulllioa frum lbc Dcpanmcnt of Fimacial Scrvica to adopt I iaoluliOD Clllblishing a line al cn,dit for lbc con«imMCC al lbc Housing RcblllilitaaOD F181d. He advilcd tbll dais l'Cllllutioa, if appnMlll by Cauacil, Mlllld esllblilb a line al • . . ) I . C, - l • ,l ' j • Eqlewood City c-11 Pd1111ary 7, la l'qt ., ' . .. .. .,-· • • - credit with Vcc:tta Bank and the agreement is allacbed. The City Im used. for this program, a line of credit of about SJ million CM:r the history of this program. This just continues that Mr. Gryglewicz noted it is a year long. it wiU go to December 31 , 2000 and then wc will nego(iate a new one . Council Member Bradshaw opined that this is really a worthwhile program. Now that the rehab loan prognm is with the City, llhe llid, she rally would CIICOIIDF III to look at different banks. Because, she tbinb tbll keeping that up for bid helps us get a bdtcr UICI aC our dollar. Council Member Bradshaw llaled tbll the ocher thing that concemed her about this whole thing is the clesip guidcliacl on the rdlab tom prognm . She noted we can rdllb houses. but if there arc no design guidelines then she thinb wc have a problem. bec:aulc that doesn't help our a,mmunity or upgrade our housing llkd. Mayor Bums said be thought wc bad clesip guidelines years ago for this program, but maybe we had them and dropped them. Housing Financ:c Specialist Grimmett said first she wanted to address the question that Mayor Pro T em Bradshaw brought up. She advised wc arc working with Vcctta Bank and they arc acting as the lead bank for a oonsortium of banks in the oommunity. All of the banks that have branches within the Englewood City limits will be contacted to participate. What they actually do then is sell those participations off so that all the banks, in csscnce, arc providing. Vcctta just llllkcs the initial lead line of credit, wc dcaJ "ith one bank and then aU of the banks will participme. Vcctra is just laking over as the lead. as in the past it was done through First Interstate Bank, before Wells Fargo took them over. So they have worked quite well. Ms. Grimmctt said dllll as far as clesip guidelines the program primarily focuses on health and safety itcml, tb11 is the first priority . Wcadaizllion, handicapped rmo fitting and then gcncral propcny impo.CIIICIIII. As far as clesip. Ilic albd Ms. Bradshaw if llhe was looking more for additions. Council Member e......... said more for addilioas. She llaled iibc rali7.cs the priority of the propam. but she "·as concemed ..... dicla 'l -ay IIICllbOII af clesip guidcliocs in this. Ms . Grimmett llaled dlll the apeclllClll wc arc addressing tonight is just with the bank for the line of credit. l'*'1lally, as farastheclesip pn111m1. we are working witll ... and have over the 1115t. son of internally. informally ... using -pidlliacs dill were actually established, \'Cry loosely back in the mid 80's lhat kind of looked II additions tying illo the ncigbborhoocl. Council Member Bradshaw said roof lines , lhc roof stnicturc and DOI med addilions and dlOle kinds afthings. Ms. Grimmett advised that those arc kind of more imcmally bandied al our level when we take ID applicalion and wc will review it that way . In fact.. she said, wc havc one right now that is under review that wc arc hoping wc can get the ho-r to modify the roof line a littJc bit to be a bit more aa:eptablc . Council Member Bradshaw said she tbinb the program needs to be contingent upon that She opined that the biggest cycson: wc havc in Englewood is on the 4700 block on South Huron and she doesn 't want to see us pcrpctualC dllll type of builcling in a residmlial area. Ms . Grimmett adviaed dlll thosc guiddiocs can easily be bandied al the llaff level . Council Member Bradshaw said tbll iibc C11C011111C1 llaff to really enforce those and iibc knows they do. She thanked Ms. Grimmett for all the wort she does. Mayor Bums COIIIIIICllled dlll the eo..inallal Naliollll Bank was the old. first lead bank in this program and they were fflY valuable, bec:aulc they litcrally pulled the ocher banks with them in order to mainlain the prognm oa a year to year bais, 11> it is fflY imponul • ) I· 0 • j • .. .. ,.,.-. • ,, .. • -... Ms. Orumnca IIIMll dlal die pl would be to have every buk that is within the City actually panicipating in the line o( cnidit Council Member Bradlbaw aid she knows we bave new banks in the City ... Mega Bank, Liberty Bank ... and she jull 1nllled to llllkc llll"C 1h11 everybody-included in that Ms . Grimmett said WC do, we llllke 1h11 offer 11111 Ila they bave die oplion ol partic:ipeling or not. The reaolution -aaiped a number 11111 n:ad by title: RESOLtmON NO. 33, SERIES OF 2000 A RESOLU'llON AuntORlZING AN AGREEMENT ESTABLISHING A LINE OF CREDIT FOR 1llE CONTINUANCE OF 11IE HOUSING REHABILITATION FlJND . COUNCO.. MEDER allADSBAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (I) -RESOLUTION NO. 33, SERIES OF la. Motion carried. Ayes: Council Members Gama, Bradshaw, Wolosyn, Yurchick, Grazulis, Bums Nays : None Absent Council Member Nabbolz (ii) DiRICIOr Gryglewicz ~ a fflCIOIIIIDCDdl from the Department of Fimncial Services to adopl a reaolulion approving dllnlCI to the City of Englewood 's Investment Policy . He adviled 1h11 the cbanFS to the City's imalmcnl polic:y WCR dia:uaed • lenglb on January 17. 2000 and Council bas. clean copy in their l**d-He aid he would be glad to -any questions Council migblhaw. The reaolution -aaiped a aambcr 11111 n:ad by title: RESOLtmON NO. 34, SERIES OF 2000 A RESOLtmON APPROVING CHANGES TO 11IE CITY OF ENGLEWOOD INVESTMENT POLICY . COUNCO.. MEDER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (Ii) -RESOLUTION NO. 34, SERIU OF JIii. Motion carried . Ayes: Council Melllben Olma. Bradlbaw, Wolosyn, Yurchick, Gnzulis, 8- Nays : None Absent : Council Member Nabllolz (iii) Director Gryglewicz ~ a n,c:omnwndltion from the Department of Fimncial Services to adopl a reaolulion approving a ..,,....._.el appropriation for Conservation Trust and Golf COlanc Funds. He adviled 1h11 this is a ..,,icm •I appropriation to the 2000 Budget. He advised 1h11 the IOWa: olfunds, for the fint one, in die Gcnelal Flllld, is 115,000.00 from UruelCMICI/Undesignud Fund Balance, the ranaillillg SI0,000.00 is from the SCFD Grant for the Sounds of Summer Coacen Series. The next one is the c-v.ion TRIil • $74 ,650.00 . Mr. Gryglewicz explained that tbcllc are projects 1h11 wen: origindy bud,etcd in 1999, IIIII 1h11 appropriation did not cany forward, they wen: not oompleted, we are jUll rapprupriating tboae 11111 they are lisled out in the reaolution. The lut one is a new project, • die Golf COlanc, 130,000.00 out ol rdained earnings, the ' ) I· 0 - • • • Ea&lewood City C•acil Fellrwary 7, 2000 Page21 .. .,.. . • • - .. remaining $10,000.00 is from the USGA Junioc Golfar.. and that is for a,mpulCn and scanners and the Junior Golf Prognun. he said. The resolution was assigned a number and read by tillc: RESOLtmON NO. 35, SERIES OF 2000 A RESOLUTION APPROPRIATING FUNDS FROM nlE 2000 BUDGET FOR GENERAL FUND , CONSERVATION TRUST FUND AND GOLF COURSE FUND PROJECTS . COUNCll. MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (Iii)· RESOLUTION NO. l5, Sl:IUl:S OP 28N. Ayes : Countil Members Gama, Bradshaw. Wolosyn. Yun:hick, Grazulis, Bums Nays : None Absent : Council Member Nabholz Motion carried. 12 . GeMralDiltulilNI (a) Mayor's Choice (i) Mayor Bums noted they had receiwd a letter from Wal·Man and a press release on the Wal-Man project, which is moving along very smartly. (ii) Mayor Bums said he noticed we had an article in the paper on Sunday about the RID bus elmer cllallenge for fcieder bus service for the southwea corridor ligbt rail . He said he presumes they are going to be working on that as it -they are having a problem getting enough drivers . (iii) Mayor Bums advilell that today he went by the new AVS project at 3740 South Inca SIRICI and they haw: really done a niCle job on anolbcr house . He said he remembers them selecting that block right acroa from the naiJI poll office, they hue taken out • umigbtly home and they have done quite a job on it (iv) Mayor Bums. commenting on the census. said he wasn't quite sure what municipalities do in that regard, but he undenunds 90IIIC of them are very active in 1h11. City Manager Sears advised that he atlcnded a meeting with DRCOG and as the Mayor indicated there arc many cities that are very active out there in terms of doing the CCIIIUS. There is going to be a lot of splash in the news media about CCIIIUS advising that you wiU be getting your census documents in April . Genetally, he said, about 67% of the communities panicipale. He explained that they are very concerned about getting people in the field, to knock on dnors. Mr. Sears noted that it aJUld be especially imponant for us becaUlc of the number of rmten that we haw:. He mentioned it will become a topic at the Neighborhood Watch Meeting in Mardi and we will ha\'C a speaker there. In terms of benefits, he said. there are dollars that could be loll to communities, both for 0000 types of money and ocha" types of giants which we could benefit from . He opined that there are many benefits to the community and Council wiU be hc:aring a lot about lhal (b) Council Member's Choice (i) Council Member Bradshaw : • ) I· 0 --------------------------------.·-------------------~--~--- • • • Ea&lnrood City CNIICII Ji'ebniary 7, 2000 Pqe11 ,,-· • • • I . She advilCd they had their anmlll meeting of the Housing Authority last week. In order to keep Council apprised of what is going on she wmted to addras a couple of the higbligbU . She swcd they arc currmtly llying to purchase an apartment house to bring in revenue. because the funding from HUD bas changed so much . Ms . Bndlbaw swcd they put a bid in on an apartment house . Council Member Bradshaw DOied 1h11 the residents or Simon Cmtcr arc being shuffled about to a Rcsidmcc Inn became they an: replacing the plumbing that nms through the main hallways . It has always been a pniblem. a horrible pn,blem and they found ubestos. It -just one thing on top of anocher. she said, but it is moving very, very well . Ms . Bradshaw DOied the Family Self Suflic:iellcy Program operates in conjunction with Arapahoe County Social Services. EHA applied for, and -awarded, funds to JllY for a case worker to help us with thal program . She cxplained that the ICrVia:s provided arc rd'cmls to appropriale help agents and skills asscssrncnts for the people, individual self sufficiency plan dc\>clopmcnl personal oounscling. information and guidana: on self esteem, time managemcnl budget and goal setting. At the end of the third quarter there were twenty-five active participanlS in the program . She 5laled that ninelccn participints arc working full time, seventeen or those have been c:ontiaoisly employed for over a year and the average wage is $9 .12 per hour. Ms. Bradshaw advised that four or the people arc in training programs and two are in active job search al this point Two participanlS have been rd'crred to the finl time homcbuycr 's workshop. she said, and one pirticipanl bouglt a home in Brighton. She noted 1h11 two participints graduated from the program and arc no longer receiving any subsidy. Section 8 or Social Services assistmcc. Council Member Bradshaw advised that she cocouraged tbc Housing Authority ... and she son of spoke for the Council ... to really look at trying to increase the availability of places in thal program for our citil.CIIS of Englewood. Mayor Bums opined that that is a gral program. 2. She lllaled she would like to thank Da\'C Lynn and Code Enfon::cmcnl for re-enforcing the fact that we don't like upholstered furniture on porches. E\ICII though Sofa Man isn 't doing us any favors with their advertising. she said, as they have upbolstcrcd couches sitting out for fillling and all kinds of stuff. 3. She said she "''lllUd to thank the Coun and Tamara Wolfe, in particular, for her response to the work program she.at her way . 4. She asbd if anyone knew why the Rocky Mountain News would wan1 to talk to one of Council . She advilCd that she received a call as she-leaving today, but she told them she didn't have time because she had to get to a meeting. so they arc calling tomonuw. So, she said, she just thought if Council knew anything about it they could let her know. Mayor Bums said be dido 't know . Council Member Grazulis commented that they will all probably find out tomorrow . (ii) Council Member Grazulis advised she would be submitting a Council request. as in the last two weeks she has had two residents rcpolt South Logan, DOI South Clarkson, but South Logan, reporting excessive Sixm and wanting to, perhaps, put another stop sign in because it has become a thoroughfare . They have complained that it is like rush hour and the kids don't go out and play anymore in their froot yards. She noted that because that borders Olcny HiUs we need to do some type of rcpon. She said be wanled Sixm bumps and she told him no, that she didn't think we can do that But he did want to look at more stop signs . (iii) Council Member Yurdlick thanked David Taylor for giving him the 990 's he rcque&lt:d and he would like a littlc follow-up on the Museum of Outdoor Arts. He said they have had thirty days, thal is the law and we have yet to sec them . City Manager Scars asbd if it is the financial • ... I . 0 ----~--------------------------.·------------~------~----- • • • l:a&lewood City C-il Fdlniary 7, 2000 Pqe2J ... e • - rcpons . Council Member Bnldsbaw said yes and notcd be was thorough. Mr. Yurchic:k explained 1h11 ii is the equivalent of asking for an anmial rq,on from a public corporatioo . • • • • • Mayor Bums notcd there was an article in the paper Sunday about a company tbat MIited fiber oplic wires in every City in the front range and said they had already talked to all of the municipalities. He asked if they have talked to Englewood. City Manager Sean adviscd tbal we have bad a number of companies talk to us about that. but he would have to talk to Leigh Ami Hoffhines and get back to Council. ••••• Mayor Bums said he would like to IIICllion thal the Maro Mayor's Annual Rcueal is Salurday. He thought everyone had rcoeivcd the agenda and noted that if anyone was interested in attending they can sti II doso. 13 . City Muqer'1 Report (a) City Manager Sean advised Council that it is that time of year again. that they arc looking at the parade already. He rcoeival a call from Colleen Bwte who was inlcrcslCd in getting together and they will be setting up a meeting in the next twenty to thirty days to swt the process . He said be just wamed to make sure Council was aware of that. because there bas always been a rcpcscnlalive from Council oo the parade commiacc. Mr. Sean advised that as soon as the commiacc is ICt up wc need to have QJuncil make a decision as to who will be the rcprcsentalivc on the committee. QJuncil Member Grazulis adviscd that she did it last year with Alex Habenicht She asked if anybody would want to do it with her. City Manager Sean asked if Ms. Grazulis is the official rq,rescnlalivc. Ms Grazulis said she just said she md it last year and it was quite rewanling. City Manager Sean staled that as 10011 as the meeting is Id up he will IClld that infOffllllion to the Council. (b) City Manager Sean advised he was at a meeting today and be just wanted to give Council a heads up that we are in the procas of looking to expand the sewer plant in a sizable capacity over the next couple of years . He said be doesn't have a figure, but it will probably be in the range of $40 million plus to do that expansion. We will have a joint meeting with Littleton to talk about when: wc are and the future of when: we go . He said be just wanted to let Council know that there will be a memo coming from Stu Fonda in that regard. because of the growth in the area. (c) City Manager Sean stalcd wc gave appointed an lnformatioo Teclmology manager . Fnu* Gryglewicz and staff have been working for almost a year on this to bin: the best person for the job. He advised they had a nwnber of interviews, and be is excited about the new IT manager coming on board. Mr. Sean agreed to provide a Idler to Council about the new IT manager. He notcd this is a real key position as we go forward with the City . City Manager Sean asked Director Gryglewicz when the new IT 1111111ger will swt. Mr. Gryglewicz advised be would like to have him here tomorrow, but be is living in Sacramento right now and he is cunmtly employed so be nccdcd to give a minimum two weeks notice, then be mllll move out hen:. So, he said, wc are looking at probably the lint of next month. He is a key employee, Mr. Gryglewicz said. so they will keep Council informed. • I • ] • • • E•&lewood City c-il Pebniary 7, 2900 Pqe24 '• .. ~ ----• • -" City Manager Scan SUlled that pulling that whole systan 10getber, especially as pan of our IIIOYC, is aitical to the futun: of our City . (d) City Manager Sears adviled we have an intcmal IIIOYC committee that is really focusing in oo the new building and all the details inwlwd in the IIICM. We will be presenting that to Council next week, be said, and ii is very complex. Mr. Sears said be especially wamcd to thank Rick Kahm and Ken Roll for their MIik oo the project. The Civic Center part of the project is going very well and be thought Council will be very plCIIICd with the end result and we are really trying to take a look at every piece of fimlillR and the bat us of that funiitlft. Stafl' collcc:tively bas worked very hard oo that and he is looking fonward to that rq,ort. He noted that Mike Flaherty is beading up that effort. (e) City Manager Seas adviled tbal Council nccded to dilCUSS Aid to Other Agencies . 14 . Cky A...._,',~ (a) City Attorney Brotzman requeslCd a IIIO(ion for authority to negotiate and. if necessary. to aindemn property for roadwork relalcd to connccting Broadway to the CityCenter site based upon the roundabout design pn:sented al Study Sessioa. COUNCIL MEMBER GARRE.IT MOVED, AND IT WAS SECONDED, TO AUTHORIU THE CITY A1TORNEY TO NEGOTIATE AND, IP NECESSARY, TO CONDEMN PROPERTY FOR ROADWORK ULA TED TO CONNECl1NG •OADWAY TO THE CITYCENTER SJTI: aASED UPON THE ROUNDASOUT DESIGN PRESENTED AT STUDY SESSION. Motion canicd. Ayes : Council Members Garrett, Bradshaw. Wolosyn, Yurc:bic:k, Grazulis, Bums Nays : None Absent: Council Member Nabbolz • •••• Council detennincd that they wanted to diKUIS Aid to Other Agenc:ies al this time . Mayor Burns noted ... the 1999 figures they aeceived were the requested amounts, not the authoriud amounts from lat year, 111 that bas been cbanpd clnmatic:ally . He commented that they usually allocate $2 ,000 to conlingalcies and other amounll during the year. Our total is $25,000.00, be said, so we arc looking at $23 ,000.00 from Ibis list Council Member Gamtt said if Council allocates as they did last year, except for Court House Inc .. which made no request this year, they arc at $19.500.00 . Council Member Bradshaw llated that Special Olympics is III impol1ant and that is the one that she would really push for. She adviled that many cbildrm living in our community panicipllk: in Special Olympics and have in the past. She opined it is a very worthwhile propam and $500.00 is DO( a huge amouna to ask.. Council OOIICUfflld. Council Member Gamtt asked if they should recommend the appropriation of $20,000.00 and hold $5,000.00 in reaerve for needs they ace in the CXlllliog year . Council Member Bradshaw said they need to itemiu. Mr. Gamtt agJeed 11111 they will, but be wanlOd to ICC wbal Council wamcd to do before they go too far. Council Member Gruulis lt8led lbe Im aa ~ about one other group oo there, the request of$5,000.00 from Gateway . She said lbe Im alway1 loYed the C11U1C, but if you look at all their figures, they get so • . ., I -, I . 0 ] • • -• Eqlewood City Condi l'elnury 7. 2800 Pap25 '. •' .. ~ ,,-. • • • " much ~ that we are paying for their ,.OIDUbOllll adl ad lbinp. She aid Ille would like to sec that S5 ,000.00 go, pedaps. to DNlbiag like Special Olympics. Ms . Gnzulis said Ille docln 't want to cut anybody, bul Ibey Ft ID mudl from ID may pa,plc tbM Ibey were turning clown requem this last year from Dal)' cburcbes that tried IO help lbea. So, Ille aid, llhe -hoping maybe they could pick another type of a,mcy. Even lhoup Ibey ba\'c not come forward ad requClled it. Ille aid. maybe another bancred W01DC11'1 lheller. Council Member Biadlbaw atMIOd dat Ibey are the only one . Ms . Grazulis COIIIIIICllled that there 1111111 be IOIIICtbing die. Ms. Bradsbaw said no, there isn't Ms. Grazulis said there llbould be. Mayor Bums advilCd they bad a mcctiDg with the folks about Anplboe House and they arc really in a bind to ba\'C pruperddox facililies. He said the SI0,000.00 Ibey reqllCllld isa lot of money, but he would not be advene to giving them a Sl,000.00 . Cooncil Member Bradshaw lilaled she would not give them anything until they agrc,cd to 24 hours 7 days a week . But. Mayor Bums said, Ibey don 't get there unles Ibey get their funding, al least from somewhere . They were advilCd at their meeting that Ibey don 't Fl any ltale money and he didn't think they could increase their service until they get -funding. That, he said, is bis recommendation. Council Member Wololyn said llhe would give them a Sl ,000.00 . She said they arc in her neighborhood . Cooncil Member Bradshaw opincd that Council acedcd to vote on that. Mayor Bums asked for Council 's tboughls on this. Council Member Gnzulis agsad ID give dal S 1,000.00. Council Member Bradllllw said ac,, dial llhe cloaa 't want to give them anything. Cooncil Member Olma said Sl,000.00 Cooncil Member Yun:bict said be cloaa 't care either way on that one, but that is fine. Council Member Olma aaed ifdlcy wae doing the-Sl,000.00 lfflh Gateway, that we bad one oppolCd . Council Member Biadlbaw llalCid Ille lhoupt M ba\'c IO support them. Mayor Bums med if we arc at $22,000.00 if Council appn,ves tbole two . Council Member Bradshaw said yes and 1bat is with the S500.00 for MMCV A. S500.00 for Special Olympics. Sl,000.00 for Gateway . Sl ,000.00 for Anpaboc House, $15,000 .00 for Inter-Faith and $4 ,000 .00 for Meals on Wheels . Council Member Garrett med if they wanted to up Meals on Wbecls . Cooncil Member Bllldsbaw opincd that Meals on Wbcds is IQlly imponant to many of our citizens. Cooncil Member Grazulis agrc,cd. Council Member Bradshaw said she would l'lllhcr sec them put another Sl,000.00 with that. Mayor Bums said then that would get us IO $23,000.00. Council Member Bradshaw and Council Member Garrett lilaled that it gets us 10 $22,000 .00. Council Member Garrett said then they would keep SJ ,000.00 inl'CIICn'C. Mayor Bums med if Council bad rcacbed COl*IIIUI. Council indicated they bad . COUNCO. MEDER GAUltlT MOVED. AND IT WAS SltCONDltD. TO ALLOCATE AID TO OTBltR AGltNClltS IN TBlt JOU.OWING MANNER: MMCYA SSN.N. AllAPABOI BOUSI Sl,880.00. INGLEWOOD SOU111SIDDS SPltCIAL OLYMPICS PROGRAM SSI0.00 • • I· 0 - p .,, ... City Cwll ........,7,JNI l'aae2' .. f . .. -~ .. ~ _. • .. • -.. GADWAY IIATl'SDD WOIIIPN'S SIIPL'ID s ........ lNTPll..PAITII TASlt ,oaa Sl5,IIUI AND IIPALS ON W11DLS M,tll.ll. Ayes: c.-:il Meallal Gama, Bndlllaw, Wolalyn. Y--*, Onmilil, a.. Nays: Nae Alllea: c.-:il Member Nlllllalz 15. .U.,.. I 1 9 , .. "'· ' ,. .. ... -,, ' .. • ) I . 0 3 xi - • • 1 . 2 . 3 . 4 . .. ~ ,,-. • ' . ' • -.. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY. FEBRUARY 7 , 2000 7:30 P.M. Call to order . r7-·3f ~ Invocation. ~ Pledge of Allegiance . ~ RollCall. (;~ /~L/J!rf>~ 5 . Minutes . 1 _/a Minutes from the Regular City Counc il meeting of January 17, 2000 . • A ~ ~ ~ b : Minutes from the Special City Council meeting of January 31 , 2000~ 6 . Scheduled Vis itors . (Please limit your presentation to ten minutes .) a. City of Englewood employees Officer Johnson and Detective Ga rrett will be present to address Council regahiing the City 's nepotism pol icy . 7 . Non -Scheduled Visitors . (Please·limit your presentation to five minutes .) i ~U:'z.~'HIJ -~~m~~ f,t.£.11)()()1) 'fl_', 1tN ~iJ..lfw JJ ~Du Jfftk.i>OtD11fY/lOW'-+NDJ -PRM%Co lt-l'A-unAJ-r~#lltfJ ~ 8. Commumca ions , "roclam tionS', ana ~p5'1ntments . 15£MIJaJA'i ;... e ~t)f)O t¥""'i 1, ,U, rJJ,. Cultural Arts Commission . · < Letter from Janet Spangenberg ind1clting her resignation from the Englewrod /J).'{:::f ;Jw..'-' Letter from Bill Vobejda indicating his resignation from the Englewood Wa rand 1}J V v--7~.., Sewer Board . 0)() PINN note: If you have a dlublllty and need auxlllary aids or aervtcea, pleaN notify the City of Englewood (303-762-2405) at least 48 hours In advance of when aervtcea .. needed. Thank you . • ' . ) I· 0 • • .. • ,,-. • . ' .. • • .. Englewood City Council Agenda February 7, 2000 Page2 c. Appointment of Board and Commission Members . ft _ ,L (,, ·. A resolution reappointing Carolyn Armstrong to the Englewood Parks and ~ a,,JlrO Recreation Commission.~ /) __ ,L '7 ii. A resolution reappointing Gary C. Bowman to the Englewood Non- 1::.1/J# lffJlfrO Emergency Retirement Board .~ I). __ Ji. o, ~ii. A resolution reappointing Lorraine Cahill to the Englewood Public Library ~ o tlff'/,-O Board. ~ /) .. _ "" a ...Jv. A resolution reappointing LeRoy ;_y¥ult to the Englewood Non- ~ I Pf!l~-OEmergency Retirement Board .,#· IJ1. ~J<-.io .v. A resolution appointing John A. Gates to the Englewood Cultural Arts ,::::M,{j 11 1f'lro Commission . ~ D •• ~Ji-// vi. A resolution ap~~t'.ng ,~harles Habenicht to the Englewood Water and ~ tJf!'f,-Osewer Board .,,_._,.,.- LJL. ";--,--~~ A resolution appointing Ruth Hansen to the Englewood Clean , Green and ~" ,r~roud Commission.~ RJ.,,a/f/3J ill!;J i~ resolution reappointing Ruth Hansen to the Englewood Code ...,,-ln-'t:nforcement Advisory Committee .~ M J, I -~ A resolution appoint~g~~~~~Jh J. Haraldsen to the Englewood Urban l't "1""'~enewal Authority.'V'~ /!M-8 I' J5" ~~"::.l~ing Jim Higday to the Englewood Water and Sewer ~ /1:J ii,.;1-J>A reso~ution reappointing Norma Holmberg to the Englewood Election ..,-r"""Comm1ss1on~ t), .... _JJ./'7 ·x)i...J/..J> A resolution appointing Tara Holmes~_.a y~~th member to the Englewood /~. .,,.,.,.--vParks and Recreation Commission . .-,~ ~.,I. j O f#'· A resolution appointing J. Will iam (Bill) McCah ill to the Englewood Clean , 11-i?Green and Proud Commission .~ ~ /9-xiv . A resolution appointing J . Wiiliam (Bill) McCahill to th~ Englewood Code t,/6tJEnforcement Advisory Committee~ · /!J,u;lt ~-A resolution app~~t!~g Janet Moore to the Englewood Cultural Arts lf?'6-o Commission. ~ ~ ti},/ xvi. A resoluti9~ feapp~inti~ Eugene Otis to the Englewood Water and Sewer tJIPlrO Board . g~ ~ »..._--¥.Vii. A resolutf!! :eap~.inting Robin Ottoson to the Englewood Public Library 'tf/-c; Board ./..1" ~ Pleue note: If you have • dlubillty and need auxllay aids or Nrlk:es, please notify the City of Englewood (303-762-2405) at lust 48 hours In advance of when Nl"Vices are needed. Thank you . -. • . ..., ' • I· 0 • • • , ... -•. • - Englewood City Council Agenda 'rebruary 7, 2000 Page3 ~ ;;.3 _xviii. A resolution reaepoint~ng phr~topher Ransick to the Englewood Public ~/~Library Board . /~ ~ ..,, J ~ix. A resolution reappointing Douglas E. Rininger to the Englewood Planning ,., t,,/lrO and Zoning Commission .~ Ll .• a -,c xx. A resolution reappointing Donald R t to the Englewood Code ~ ,o tJ"""OEnforcement Advisory Committee . fJ6 •• 11.. ~ Lfti. A resolution appointin~.,~~~'!' ~~~r to the Englewood Planning and ~,. t,lb-fJloning Commission. _vv ~ ~;.7-xxii. A resolution reappointing Don;ld D. Seymour to the Englewood Board of ~/rOAdjustment and A_ppeals. ~ /?Jo,J.~.fOl.iii. A resolution reappointing Jo_Qn W . Sll]ith IU to the Englewood Board of "1",r{}Adjustment and Appeals . /~ /lJ,,.,f:e!).0,¥.Xiv . · A resolution reappointing David Weber to the Englewood Planning and 1 1'f'~oning Commission.~ ~ !L) ~~ resolut~ ~ea~~,inting Bervette Williams to the Englewood Public Library 71"" Board. AP~ ~ O/ ~A resolution appointing James K. Woodward to the Englewood Parks and ....,,....-v Recreation Commission~.JA, ~ ~ ")-XXVii. A resolution appointiEJames.K. Woodward to the Englewood Urban ~.,,~enewal Authority. d. Recognition of Englewood's etropolitan Mayors and Commissioners Youth Awards nominees. i. Samantha E. Council ii. Jennifer Dickey iii. Sarah Doss iv . Stephen Gonzales V. Raymond Hathaway vi. Jared King vii. Rebecca MacQueen viii. Kimberly Ramsey ix . Tanja Ristic X. Desiree Ruelas PINN nole: If you INM a dlublllty and need auxlllary aids or NrVlces, please nollfy the City of Englewood (303-782-2405) at INat 41 hours In advance of WMl'I Nl'Vices .. 11Nded. Thank you. -. ' . I • 0 ----------------.·------------~-~--~~, • ,. • . .. _. • - Englewood City Council Agenda February 7, 2000 Page4 xi. Thomas Skaja xii. Andrea Smith xiii. Christene Strecker xiv. Robert J . Toscano xv . Zoe WiUiams xvi. Tobin Woodlee e. Brief Reception ~ 8"."0 q ~ ~o=?Jt/ J,lk,,- s. Publ~. (None scheduled) / .. 10. Consent A.9enda. u,.~1 • . • • • IJIHJ(,-o 9,ff,B:,r t,O(JUJ 1T) ltPPRrXL ffll#UVM ITUfS /{)a.,~i,J J.-11 i~i11t-J111 e.1-t-it' 7("' a. Approval of Ordinances on First Reading. -i. COUNCIL BILL NO . 5 • Recommendation from the Department of Financial Services to adopt a bill for an ordinance assigning and transferring to the City and County of Denver the 2000 City of Englewood allocation from the State of Colorado ceiling for private activity bonds to finance residential housing facilities for low and middle income persons within the City of Englewood and certain other cities and counties in the State of Colorado. STAFF SOURCE: Frank Gryglewlcz, Director of Financial Services. ·i. COUNCIL BILL NO. 6 • Recommendation from the Department of Safety Services to adopt a bill for an ordinance approving an Intergovernmental Agreement with the Colorado Department of Transportation for grant funding to continue the traffic enforcement project. STAFF SOURCE: Tom Vandermee, Division Chief. b. Approval of Ordinances on Second Reading . tnJ.-1-I i. Council Bill No. 1, amending the Englewood Municipal Code to comply with State mandated limits for late charges for Water, Sewer , Storm , and Concrete . - N;2. ii. 11)1.J3 iii. iv . ~"f Council Bill No . 2 , authorizing the acceptance of a grant of property from RACO. Family Partnership (RBI) for the continued development of the Big Dry Creek Pedestrian/Bike Trail. Council Bill No . 3, amending the Englewood Municipal Code regarding Liquor Occupational Fees. Council Bill No. 4 , establishing an Optional Premises Liquor License and Optional Premises with HoteVRestaurant Liquor License in the City of Englewood . PINN note: N you haw a dleablllly and need awdllary aids or Nr'Vices, plNN notify the City of EnglewOOcl (303-762-2405) at 1Nst 41 hours In advance ol WMl'I Nrvlca .. l'INded. Thank you . • I· 0 ·-----------------------~~- - • .. • I-• .. ,• ... • - Englewood City Council Agenda tfebruary 7, 2000 Pages c . Resolutions and Motions . Recommendation from the Department of Public Works to approve , by motion , a contract to upgrade the Safety Services Building HVAC system . Staff recommends awarding the bid to the low bidder, American Mechanical Service , in the amount of $385 ,260 .00. STAFF SOURCE: Ken Ross, Director of Public Works. -ii . Recommendation from the Utilities Department to approve , by motion , the purchase of a 3/4 Ton Pick -up Truck . Staff recommends awarding the bid to King Oldsmobile GMC Subaru , Inc . in the amount of $24 ,666 .00 through the State Bid process . STAFF SOURCE: Stewart Fonda, Director of Utllltles. 11 . Regular Agenda . a . Approval of Ordinances on First Read ing. Jr Appr~ of Ordinances on Second Reading . b . C. Resolutions and Motions . _... i. Recommendation from the Department of Financ ial Services to adopt a I)~ .• J; 3 !J resolution establishing a line of credit for the cont inuance of the Hous ing f:J,111 hLUJi{,-0 Rehabilitation Fund. STAFF SOURCE: Frank Gryglewlcz, Director of rf" Financial Services. ~ ,,. / ii. Recommendation from the Department of Financial Services to adopt a /l4., -/1-fit t).RIJA L ,,resolution approving changes to the City of Englewood's Investment P~t:' ~. A ·rr ~ V VSTAFF SOURCE: Frank Gryglewlcz, Director of Financial Service5q~· iii. Recommendation from the Department of Financial Services to adopt a /J. resolution approving a supplemental appropriation for Conservation Trust Kl/..1 IJ-3~ O~ and Golf Course Funds.1f.._AFF ~URCE: Frank Gryglewicz, Director JT"' ftr()of Financial Servlces:.s.:1 ~ 12. General Discussion . a . Mayor's Choice . b . Council Members' Choice . 13. City Manager's Report. a . CityCenter Englewood Update . OARR£TT MOVED TO ALLOCATE AID TO OTHER AGENCIES N THE FOU.OWING IMNNER : • sao.oo WIICYA S 1 ,Clllll.00 ARAPAHOE HOUSE S 5CIO.OO ENGLEWOOD SOUTHSIDERS • 1,Clllll.00 S,5,Clllll.00 S 4,Clllll.00 SPECIAL OL YIIPICS PROGRAM GATEWAY BATTERED WOMEN'S SHELTER INTERFAITH TASK FORCE MEALS ON WHEELS PINN nota: It you haw • cllublllly and naed auxiliary aids or NrVk:N, plaw notify the City of Englewood (303-782-2405) at least 41 haln In advance of when NrVicN .. needed. Thank you • • . ' I • 0 - • • .. ~ -• .. .. • -' Englewood City Council Agenda February 7, 2000 Page& 14. City Attorney's Report. ~ a. Request for authority to negotiate and , if necessary, to condem'J;;;8rty for !JiJtJII fJ-0 roadwork related to connecting Broadway to the CityCenter site /) I.( foA) "Tr"" rHe-®Nl~ldtlr ,~{(;,U fR~~IJ A-r Slr.P'/ SF~oA.l. Adjournment. 1 :/'7 ~ lwww.-- The following minutes were transmitted to City Council between January 14 and February 3 , 2000: • Englewood Clean, Green and Proud Commission meeting of November 9 , 1999 • Englewood Board of Adjustment and Appeals meeting of December 8 , 1999 • Englewood Planning and Zoning Commission meeting of January 4 , 2000 • Englewood Cultural Arts Commission meeting of January 5, 2000 • Englewood Liquor Licensing telephone poll of January 5, 2000 "--noe.: If you 1111w • :aa, ,..., and rlNd audlary aids or WYlcN, plNee no11ty the City of Englewood (303-762-2405) at ............... llclvmce of ..... _.... .. Meded. Thank you. • • . ,.. . ., . I . 0 2X • • -. .. -_,....- • ·., • -.. 5a ENGLEWOOD CITY COUNCD. ENGLEWOOD, ARAPAHOE COUNTY, COLORADO J_,,1,,JtN 1. CallteOnler lbc regullrlllCClingaf'the Englewood City Coullcil-c:alled 10 order by Mayor Bums at 7:32 p.m. 2. ---- 3. Pledae.,, AUepuce The Pledge of Allegiance w.is led by Mayor Bums. 4. RallCall Prcscnt CouDcil Members Nabbolz, Grazulis. Garrett. Bradshaw . Wolosyn. Yurcbick. Bums Ablcul: None A quorum -praml. S. Miata Abo pn::aaa: City Mamp:I' Scan City Aaarney 81111Zma11 City Clerk Ellis Direc1or Bia, Parks and Rccrealioo Direclor Ciryglewicz. Fimncial Services Senior Plamler Gabam. Community Development (a) COUNCD. MEMSER BllADSIIAW MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF 11IE REGULAR CITY COUNCD. MEETING OF JANUARY 3, 2000. A yes : Nays : Abslain : Motion carried. 6. Sclnd•led Vlliten Coonci1 Members Nabbolz. Garntt. Bradshaw. Yurchick. Grazulis. Bums None Council Member Wolosyn (a) John Weigel, Praidall of the Englewood Fire Figbt.cr Asax:ialioo. was present 10 CXJIRSS apprccialioo 10 S-McDonnell, Victim Services Coordinalor, for the senitc she provides the Department and the COIDIDllllity . Mr. Weigel thanked CouDcil b allawiDg him a few miaula 10 recogniz.c a lady who worts for the City , Susan McDonnell the Victims AssislaDce CoonliDator for the Depanmmt of Safety Servitcs. He noted he docs not have a job description for what she docs, but the best way be can describe what she docs is to say • ., ~ . , I . C, - • • • Enckwood City CINIDCil Juury 17, 2000 Pa~2 • • - .. she helps people in difficult times. He advised that the reason he is here is because the firefighters . paramedics. drivers and lieutenants fccl ii is important for the elected officials of the City. the Ciry management and the citiz.cns of Englewood to know bow much this lady means to us. Because. he said. they have called on her many times to help them tluough many, many difficult times. So. be said. in recognition of the tremendous sen'icc she gives to the people of Englewood.. they would like to presenl her with a letter of appreciation . Mr. Weigel read the letter. "A letter of apprecial.ion to Susan McDonnell. The Englewood Fire Fighter Association wishes to acknowledge your OUlSlllllding service and professionalism as the City· s Victim Assistance Coordinator. Your personal c:lfons enable the Dcpanmcnt of Safety Services and the City to better serve the people of our a,mmunity. lbc people of Englewood arc fortunalC to have someone "'ith your empathy and compassion willing to help them in their moments of need. and through their tnals and tribulations. We wish to extend our sincere appn:cialion and heanfclt gratitude for your devotion and a>mmitmcnt to the people of Englewood. Vcty respectfully, the Englewood Fire Fighter Association ."' Mr. Weigel noced that was the formal lc:acr. but this is what he would l"C3lly like to say 10 Susan. ··Dear Susan, The fircfightcr 's, paramedics. drivers and licutcnants of the Englewood Fire Fighter Association 111ish for you to know how grateful we arc for you being bcrc to help us. We hope these few minutes we take this evening to thank you 111-ill reveal the high regard and admiration we hold for you. When you answer our call for help wc ask you to step inlo lives of people who arc going through very emotional and extremely difficult moments. Moments that arc full of sorrow. guilt, and blame. At times ii must be hard. very, very bard. And you do it with composure and dignity. Many people at some point in their lives reflect on what they have aa::omplilibcd. Most ask themselves whether or noc they have helped their fellow man. We arc here IOlligbt because tbc:rc arc • lcall SO people who fccl you have helped many people many times. The people or Englewood.. those who live bcrc, work bcrc and ,'isit bcrc arc fortwiatc you have chosen to share with us your undcrslanding and compassionate bean. You arc a rcmaitable woman and a fine lady . The purest, the clearest way to express our apprecial.ion is to simply say, wc thank you . The Englewood Fire Fighters." Mr. Weigel also prcscntcd Ms. McDonnell with a plaque, which he read. "Presented to Susan McDonnell. We wish to extend our sincere apprccialion and hcanfelt gratitude for your devotion and commitmem to the people of Englewood. Englewood Fire Fighter Association. Local 1736." Ms. McDonnell said thank you so much. Mr. Weigel also prescntcd Ms. McDonncll with a noo-n:fundable. non-returnable ... you ha,•e to use it or lose it... gift ccrtificalC to Vail Associates . Ms . McDonncll thanked him. Ms. McDonncll stated she is really overwhelmed by this, that she docsn 't know what to say . Ms . McDonncll advised that she bas a wonderful staff of volunteers that help her for victim assistance and she couldn't do the work she docs without them. She said she rcally appreciates this and she :banked Mr . Weigel again. Mr. Weigel noted they also sent a letter of appreciation to her voluntccrs who serve in the Department of Safety Services Victim Assistancc Office : Lynn Sena, Norma Wier, Ellen Krascck. Margie Gunter, Tori Whitney, Debi Medlock, Alice Amatuzio and Nancy Banon. Council Member Nabholz said she would like to say something on a personal level . She stated that Ms . McDonncll helped her through family tragedies and personal tragedies and she wanted to thank her . Mayor Bums S1alCd wc have beard so many compliments about this lady, that it is really remarkable the work she bas done . On behalf of Council he said, he wanlCd to congratulalc her and the Englewood Fire Fighters. • .. I • 0 J- • Eacnood City C01111eil JaaHry J7, 2000 Pa,:e 3 ,. '• 7 . N011-1Cbed111ed Viliton .. ~ ,--· • • -' (a) Jim l.avisl. RID Diredor. DiSlria D , ad\iscd that Mayor Webb appointed him to fill a vacancy on the RID Board to replace Alan Aeming. Since Englewood is in pan of his district he decided he should come down and inlroducc himself. He passed out his business cards to Council in case they would need to get a hold of him. Mayor Bums DOied that he got here at the rigbl time. that in about six mooths wc arc going to have a nice cdcbration. ***** Council Mcml,er Bradshaw said she would like to say something to Susan McDonnell . She conuncmcd that she met Suan her tint year here . She noted she was a counselor al the High School and she thought 11 was baptism by lire for both of them that year. Ms . Bradshaw stated thal Ms. McDonnell serves our citizens so well, thal wc arc so blessed to have her here. Ms . McDonnell said thank you so much. (a) A proclamation honoring Richard Randall. managing partner of RACO Family Parmership, for bis generous donation of a parcel of land to accommodate the continued development o f the Big Dry Creek Pedestrian/Bike Trail was coosidcrcd. Mayor Bums DOied thal last wcdt. when they had a meeting about the Big Dry Crcek Pedestrian/Bike Trail . we lcamcd tbal Mr. Randall had generously donated a para:l of land to us to accommodate that trail . Director Black noced that. as the Mayor said, we talked a little bit last week about the pedestrian trail going do•11 to the Platte River and the two people standing here arc responsible for helping us get there. He advised thal they donated the land there and we arc going to move forw.ud •ith the trail system. Mr. Black stated that it is people like the Randall's that really make this community a great place to live. we arc very fortunate to have them in Englewood. Mayor Bums read the proclamation in its entirety. He noted the proclamation is signed by every member of the Council. Mayor Bums presented the proclamation to Mr. and Mrs. Randall and on behalf of Council he stated that they really appm:iate their gift. He noted it will soon be an cxttaordinary bi.kc and pedestrian tr.ul . He thanked them for their generous contribution. Mr. Randall said they thank God that they were able to do this and they arc really looking forward 10 the bi.kc path. Council Member Bradshaw said she would like to make an editorial comment. That she would like to encourage the other land owners on the Big Dry Creek corridor to follow the example set by Mr. Randall and his family. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE THE PROCLAMATION HONORING RICHARD RANDALL, MANAGING PARTNER OF RACO FAMILY PARTNERSBIP, FOR BIS GENEROUS DONATION OF A PARCEL OF LAND TO ACCOMMODATE THE CON11NUED DEVELOPMENT OF THE BIG DRY CREEK PEDESTRIAN/BIKE TRAIL. Ayes: Council Members Nabholz. Gam:tt, Bradshaw. Wolosyn. • .. I • 0 - • • -. Enctewood City Coaac:il J-•ry 17, 2000 .... • • • Yun:hick. Grazu1is, Bums Nays: None Motion carried. 9. hbllc Bearia1 No public bearing was scheduled before Council. 10 . c-c ,\,-la .. COUNCD. MEMBER GARRETr MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (i) AND 10 (c) (i) • (U). (a) Appruval oCOrdimnces oo Fint Rading .. (i) COUNCIL BILL NO . I. INJ'RODUCED BY COUNCIL MEMBER GARREIT A BILL FOR AN ORDINANCE AMENDING 1Tll..E 12. CHAPTER ID, SECTION 4, CHAPTER 2. SECTION Jff. CHAPTERS . SECTION 6A. AND CHAP1El 8. SECTION 10. OF TIIE ENGLEWOOD MUNICIPAL CODE 198S, PERTAINING TO STATE MANDATED LIMITS FOR LATE CHARGES FOR WATER, SEWER, STORM AND CONCRETE CHARGES . (b) Appruval o( Ordimnces 00 Second Rading There were DO items submitted for approval Oil sccoad reading. (c) Resolutions and Motions (i) RESOLUTION NO . 3, SERIES OF 2000 A RESOLUTION ESTABLISHING FEES FOR HISTORIC PRESERVATION DESIGNATION APPLICATIONS FOR 1lffi CITY OF ENGLEWOOD, COLORADO . (ii) PURCHASE OF lWO STREET SWEEPERS 111ROUGH TIIE STA TE OF COLORADO BID PROGRAM FROM FARRIS MACHINERY COMPANY IN 1lffi AMOUNT OF $82 ,8SO .OO PER UNIT (A TOTAL OF Sl6S,700.00). Ayes : Nays : Motion carried. 11 . Replar Apda Council Members Nabbolz, Garrett. Bradshaw, Wolosyn, Y un:hick. Grazulis, Bums None (a) Approval of Ordinances OD Fint Reading (i) DiRIClor Gryglewicz prcseuled a RICOIIUIIClldalon from the City Clerk's Office and the Engle,wod Liquor Lic:cnsing Authority 10 adopt a bill for an ordiDanc:c establishing an Optional Premises Liquor Licmse and Optioaal Premises with Hold/Raaaunal Liquor Llocmc in the City of Englewood. He advised that this bill for an onlilmlCC would esublish, in the City Code, an Opcioaal Premises Liquor Llcaue with Opcional Premises HolcllRCIWll'II Liquor Licenses within the City of • .. I . 0 • • Englewood City Council January 17, 2000 Page5 • • - .. Englewood. Mr. Gryglewicz staled lberc was a vote November 2, 1999 thal allowed the City to establish the Oa:upational Tax for these new licenses. The City Clerk was asked to read the cooncil bill by title : COUNCIL BlLL NO . 4, INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE AMENDING TITI.E S. CHAPTER 3B . SECTION 10, OF 1HE ENGLEWOOD MUNICIPAL CODE 198S, Wl11i 1HE ADDmON OF A NEW SECTION 10 . PERTAINING TO OPTIONAL PREMISES LIQUOR LICENSE AND OPTIONAL PREMISES wrrn HOTEL AND RESTAURANT LIQUOR LICENSE IN 1HE CITY OF ENGLEWOOD . COLORADO AND RENUMBERING 1HE CURRENT SECTION 10 TO SECTION 11. COUNCll.. MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM II (a) (i) -COUNCll.. BD.L NO. 4. Ayes: Council Mcmben Nabbolz. Ga=tt. Bradshaw. Wolosyn. Ywchick, Grazulis, Bmns Nays : None Motion carried. (ii) Director Gryglewicz prcscnu:d a recommendation from the City Clerk· s Office and the Englewood Liquor Licensing Authority to adopt a bill for an ordinance amending the Englewood Municipal Code regarding Liquor Occupational Fees. He advised tbal this bill for an ordinance establishes the Occupational Taxes for the Brew Pub License, Oplional Premises License. Optional Premises with Hotel/Rcstauralll. Mini-Bar and cleans up Title S. Chapccr 38. Section 3 of the City Code. The City Clerk was asked to read the a>uDCiJ bill by title: COUNCIL BILL NO . 3. INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE AMENDING TITI.E S. CHAPTER 3B , SECTION 3, OF THE ENGLEWOOD MUNICIPAL CODE I 98S. WHICH PERTAINS TO LIQUOR OCCUPATIONAL FEES . COUNCll.. MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (ii) -COUNCll.. BILL NO. 3. Ayes : Council Members Nabbolz. Ga=tt. Bradshaw, Wolosyn. Y urchick. Grazulis, Bums Nays : None Motion carried. (iii) A rccommcndation from the Department of Parts and Recreation to adopt a bill for an ordinance authormng aa:cp«anoc of a grant of property from RACO, Family Partnership (RBI) for the continued development of the Big Dry Creek Pedestrian/Bike Trail was amsidcred Mayor Bums noled thal this is the acceptance of the gift tbal wc just rccognil.Cd. Director Black said WC talked about this last week and WC just had the presentation to the Randall famil y. He advised that this council bill is the formal aa:cp«ance of that piece of property that was donaled. The City Clerk was asked to read the oouncil bill by title : COUNCIL BILL NO . 2, INTRODUCED BY COUNCIL MEMBER GARRETT • I • 0 ---------~---------------.. ,------------~---~-------- - • • • - Englewood City Council January 17,2000 Page6 • • -.. A Bll.L FOR AN ORDINANCE AUllfORIZING 1liE ACCEPTANCE OF A GRANT OF PROPERTY FROM RACO FAMILY PARTNERSHIP. COUNCll. MEMBER GARRETI MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (iii) -COUNCil. Bll.L NO. 2. Ayes: Council Members Nabbolz. Garren. Bradshaw. Wolosyn. Yurcbick. Grazulis, Bums Nays: None Motion carried. (b) Approval of Ordinances on Second Reading There were no items submitted for approval oo second reading. ( c) Resolutions and Motioos (i) A rccommendalion from the Community Development Department 10 adopt an inducement resolution supporting an application for Private Activity Bonds was considered. Mayor Bums ad\i scd thal this is the one they talked about in Study Session. Senior Planner Graham notcd they submitted this inducement resolution relating to the Private Activi ty Bond for Council's consideraion, as was discussed in the Study Session. Mayor Burns COIDDlCllled that Council bas already voiced their concern about this matter. Mayor Bums called for a motion . NO MOTION WAS MADE. Mayor BISDS llalOd lhal mauer is lost and will be brought up at another time under WIiber nmrnmc:ndalion. Ibey hope. He advised thal Ibey do suppon development of this kind of a program for Englewood and Ibey lbink a later time is a better time . 12 . Geaenl .,__.. (a) Mayor's Choice (b) Council Member's Choice Mayor Burns noted they had Mayor's Choice and Council Member's Choice at Study Session . ••••• Mayor Burns asked if anyone had anything else. Council Member Nabholz said she would like Council 's consideration to allow her to attend the National League of Cities Conference, Mardi 9 through IS, at a cost ofS2,764.00. COUNCIL MEMBER BRADSBA W MOVED, AND IT WAS SECONDED, TO APPROVE TIii: COST or $2,764.00 ll'OR COUNCll. MEMBER NABBOLZ TO ATnND THE NATIONAL LEAGUE or CITIES CONFERENCE, MARCH 9 THROUGH 15. Motion carried. Ayes: Council Members Nabbolz. Garren. Bradshaw, Wolosyn, Y urcbic:k. Grazulis, Bums Nays: None • .. I • 0 • • • Englewood City Council January 17, 2000 Pqe7 --. • • • Mayor Bums said be would like a similar motion for approval of his anendancc at the same NLC Conference at a cost ofS2,874.00. COUNCll. MEMBER NABBOLZ MOVED, AND IT WAS SECONDED, TO APPROVE THE COST OF SU174.00 FOR MAYOR BURNS TO ATTEND THE NATIONAL LEAGUE OF CITIES CONFERENCE, MARCH 9 THROUGH 15. Ayes : Council Members Nabbolz. Garrctt, Bradshaw. Wolosyn. Ywcbic:k. Grazulis. Burns Nays : Nooe Motion carried. Council Member Grandis advised that she would also like to aaeod the NLC Conference March 9 through IS at a cost of S2.864.00. Also, she said. for the first time we have a youth delegate. Mike Heberling. and she would like to be his chaperon. She noted he will be 18. as of March 1 •. Ms. Grazulis Slated he served four years on the Library Board and two years on the Cultural Arts Commission. He has already picked out several of the seminars he wishes to attend aod looks forward to going. His cost is S2 ,S29.00. Mayor Bums pointed out that NLC has been encouraging youth participation at these conferences for the pan couple of years. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE THE COST OF 52,164.00 FOR COUNCU .. MEMBER GRAZULIS TO ATTEND THE NA TION,U. LEAGUE OF CITIES CONFERENCE, MARCH 9 THROUGH 15 AND THE COST OF S2.529.00 FOR MIKE HEBERLING TO ATl'END AS A YOUTH DELEGATE. Ayes: Council Members Nabholz. Garrett, Bradshaw. Wolosyn. Y urcbic:k. Grazulis. Bums Nays : None Mot.ion carried. ••••• Council Member Bradshaw asked if we heard back from Mr. Miller or John Loss on how the meeting went on the 12'" with Bed. Bath & Beyond. Mayor Bums advised that he asked about that this morning. but he understands we don 't know yet. ..... Council Member Garrett said, again. he would at some point. like to have a Study Session with Council 10 determine what outside travel Council should be participating in and discuss doing it in a cohesive manner. with a plan. as to how Council should delegate their resources . City Manager Scars asked if he would you like staff to provide a calendar with the different conferences. Council Member Garrett noted that Council just approved $10.000. which to him is a lot of money. He suggested maybe Council should designate people to go to certain places. But he thought that Council should indicate these are the things we are committed to. He pointed out that these are ~yer's dollars and maybe there are other things Council shouldn't be as committed to. These things tend to come up, in his view, as Moh yes. this one is amuag up and oh, that one is coming up ... and who goes and who doesn 't go.~ He said he would just like to have a policy. Council Member Bradshaw said they had a policy when she was on before . • I • 0 ]- • • • Englewood City Council January 17, 2000 Pagel ... .. ..-. • • - Mayor Bums commented that be thinks they actuaUy do have a policy. City Manager Sears advised they will give Council a copy of their current policy and maybe they can use that as a springboard and they can take a look al this. Mayor Bums commented that wc don't observe Manin Luther King Day in Englewood and. even though we visited this issue at one time, he would kind of like 10 take a look at ii again. He noted a number of other cities don 'I, but a lot of them do and he was just kind of wondering why wc don ·t. He thought we should take a look at it again. Mayor Bums said he knows pan of ii is having people off and the cost and expense to the City, that he remembers that from the amt -But. he said. there are a lot of cities panicipating in activities today and he thought wc should just take a look at it Council Member Bradshaw asked if he saw the paper today . Mayor Bums said he had and the Denver Post, at least, has a list of cities and it says, of course. that the couns arc closed and there is no mail delivery. II mentions Englewood. Federal Heights. Golden. Littleton. Morrison and Nonhglenn will keep the offices open. He said he doesn ·1 know whether all the rest don 'L Some have recreation centers open. but not the City Hall, so ii is son of a smaruring of diffcrenl ones . City Manager Sears acknowledged that wc did rc:ccive several calls today. especially from the local media about that and he had Sue Eaton respond to those types of questions. He explained that part of it is a poliC)• decision by the Council and ii is also a budget decision tbal wc can take a look al that Mr. Scars said they would give Council a rcpon back on the hiSIOI)' of that. He said he thinks ii is a very timely issue that the City should take a look at Council Member Garmt noted some plac:es, like with bis employer, they celebrate today and they do not celebrate President's Day ... it 's a ttade4. Mayor Bums noted that at his office building, next door al the bank, the management company celebrates ii and they are not open. So, he said. some businesses arc doing it too . City Manager Scars commented that pan of it has to do with the agreements wc have with our three associations. that it is not rccogni7.ed as a holiday . 1bcrc have been some discussions in the past about swapping one or the other, but that has not been approved as pan of those conU3Cts. We have tried 10 figure out a way 10 deal with that. he said. maybe pan of the City would not be off and the other pan of the City would . For police and lire thal probably would not maner . he noted. He said he does not know the status. bul that was not one that was negotjated. So . be said. there are some complications that have not allowed us 10 move ahead. He advised wc arc in the process of negotiating with the firefighters here shonly and he can probably say that should be a topic of all three of the negotiations as they proceed . Mayor Bums said he recalled that wc had that nation wide diversity conference that Flood was involved in a few months ago. He commented that as he went around to the DARE gradualions last year he noted wc have a lot of diversity in our schools in Englewood and ii will probably become more so, so he thinks ii is time we take a look at this. 13. City Muqer'1 Report (a) City Manager Scars asked if it would be acceptable 10 set the board and commission interviews up for 7 :30 p .m. on Monday. which would be after the discussion about tenants with David Tryba and the discussion about real CSlalC . ) I • 0 - 1 •! • • .. -· • .. ... • - Mayor Bums llid lie lmdcnlood they would only be inlcrviewiDg the new applicanls. Council Member Bladlbaw ldvilell tbcrc are ten or twehe of them. City Ma111F Scan abd if CouDcil would give bim a lialc bit of lalitude, tbll if tbcrc is rc:a1ly DOlbing mmrial tbll we can cover at dial ~ in term al imormlDoa, dial they can set the interviews earlier, say aa 7 :00 p.m. However, lie aid, iftbcrc ia-mategy involved, they will make the da:ision in the next couple of days in terms of scttiDg it up for 7 :30 p.m. CouDcil Member Bnidlbaw c:omnaeneed tbll lbe woald ralber have -~ drm less. City Ma111F Scan aid pat of it ia tbll tbcrc WCR addilioaal items they talked about earlier. tbll Miller W mppoa to have clone in repnl to iqaliatiaal ad lie cloem 't mow what the SUIIIS of tbll is. So they will at lclst baYC tbll infonnatioa available for the CouDcil acxt Monday night and bopcfully it will be to the posiliw and we will 1111M ai-1. If it im 't to the pnsiln'C. lie said, then Council bas asked to take a look al that. Council Member Bnidlbaw statal she tbinks they nocd to mow their options. 14. City A...,_,', Report City AllDmey Brotmwl did not have any mattcn to bring before Council . IS. Mjoa._. ?Cd~TO._UaN ~--·•oo,. ~ • .. .. I· 0 X • • • .. ,,,. . • • • ? ENGLEWOOD CITY COUNCll. ENGLEWOOD, AILU'AIIOE COUNTY, COLORADO J-.yll,BN Mayor Bums advised Ibis is a special mccting at tbc Eaglewood City Council. and it was specially noticed. 'Iba means it is DOI a rqullr mccting ad tbcre will be no public aJIIIIIICDl • this meeting. We are required by law, be said. wlml we haw: a special meeting. to haw: a '\'UY rattictivc, precise agenda, and that is all we an: allowed to COlllidcr. Tbcrc will be no COIIIIIICIIIS • tbc end. only tbc two main subjects on tbc agenda will be considered. Tbc next regular meeting will be next Monday. tbc first meeting in February, be advised. I . Cal 10 Order Tbc special meeting oftbc Englewood City Counc:il was called to order by Mayor Bums at 7:05 p .m. 2 . lllvacadaa The inwcalion was given by Mayor Bums. 3. PiedF of Allepuce Tbc Pledge of Allegiance -led by Mayor Bums. 4. ReOCall Present Council Members Grazulia, Gamn, Bradlbaw, Wolosyn. Yun::bick, Bums Absent: Council Mamer Nabholz A quorum was present Also Present 5. Replar Apda (a) Resolutions City Manager Scars City Attomey Bl'OIZlllall Deputy City Clert Castle Board Dinlctor Simpson, Englewood Environmental Foundalion (i) Eaglewood EnviJOameDtal Foundation Board Director Simpson prcseDICd a recommcndalion to adopt a remlulioa supporting tbc final lgftiCIDClll for sale of property from tbc Englewood Enviroamallal FCIWldllioa (EEF) to Trammell Crow for CityCcntcr Englewood . Mr. Simpson advised that this resolution suppons a CIOlllraCt between EEF and Trammdl Crow that would result in a sale of approximaldy 10.2 aaa of property within tbc CilyCcntcrEnglewood projec:t. This would provide, at minimum, four hundred uaill of <Xllldomillium 11yle, for lcaK. iaidmlial uails. Tbesc units would be CODSlnlCUd with mail on tbc fim Boor, 111d iaidmlial abawe. be said. The sale c:oatcq>lalcs a sale price of approximllcly $5 millioa for 11111 amount of pound. be lllled, and we haw: been worting very positiffly and lillCIZSlfidly widl T.....U Crow Residenrial for tbc plll tbree moadls. Mr. ~ said EEF is ming for Counc:il' 1 mppon for this l'ellllulion. • • I I· 0 • • -• Englewood City Council January 31. 2000 Pagel '· .. • ,. ---· • ... • -' Mayor Bums said the wording of the raolution in Section I suppons the general terms and conditions of the agreement, and -UDderslllld ~ are slill some cletails yet to be finalized. He asked if thal was com:ct. Mr. SiJ111*111 said it was a,mct, in fact, be spoke with Trammell Crow Residential ' s legal counsel this ~-He said be 111a:111auds we are working on just a couple of very insignificant time issues related to submiaal oC IIXDC design docu nents. otherwise it would have been signed. He advised thal Scott McFadden. who is the local maaging panner, was DOI able to get the signatures in place because of his pending marriage this week. He wiU be back this ooming Monday and the conb'aCt wiU be signed. Mr. Simpson adviled. wl -will be moving forward. We have maintai-1 very good progress on this. he continued. This project bas been OD a very fast track and bas made significant pogress. Council Member Bnidlbaw asked bow long it bas taken to get to this point. Mr. Simpson said they SWted wort with Trammell Crow mid-November and worked very quic:kly through the holiday season and. barring a marriage, be fdt we would have been there. Mayor Bums said they talked a little bit on Thursday about design and that is all being telesooped into a much shorter period of time, too. Director Simpson said that Trammell Crow. even though they are not under conlract. has been progress ing on their design documelllS . Those design documelllS include site plans and interior designs for the buildings. he said. For the most part. what Council can expect by. probably. the first pan of March. will be a complete submittal package for design review for the City Council. That will include a site plan. landscape llllWCrials. color selec:tion. and all elevations of all the structures. he advised. Generall y. what we are talking about, is about 450 units toeal . They wiU be leased out at approximately SI . 08 or S 1.10 per square foot, wbicb wiU result in a very aancuve unil The 1e11a111 profile will be very positive. he said. and the llllltaials are ,oing to be very oomislent, with the rat of the project. The scale of the buildings will be three story OD the east s-cel. die ~ dal is gmeglly east of Inca. The parcel west of Inca looks to be three and four stories . One al the ialcs we have been suuggling with is trying to get a significant level of enclosure OD dlll llrJC public apea lil*lC that we have been a>D5lnlding, and the four stories is really going to help achieve dial. lie adviled. As we did with the Wal-Man design review process. we arc doing a similar process OD this project. This is actually in excess of a fifty million dollar residential project. he advised, and it is sipific:anl in and o( illClf. outside this projec:t. and so, we really need to do a very good job. Mr. Simpson said. because ollhll. these drawings wiU be reviewed. not only by internal staff. but they will be sent out to David Tl)tla"s office for review, and also to an independent wban designer, Ron Straka. who bas been working with us lbrougb this mtire projec:t. Mr. Simpson opined that we will end up with a design that reflec:ts a lot of different approaches and ideas that wiU incorporate a real positive. aruactfre nature to the project when it is complete . He said be is very confident lbaL if we were able to achieve it with Wal-Mart. be is certain we will have an aaractive project with Trammell Crow . We should see thal either the first or second week in March. he added. Council Member Garrett asked about the anticipalCd closing date. Mr. Simpson responded that Trammell Crow Residential bas indic:atcd they would be willing to close between seven and ten days after design review approval. Mr. Garrett said then we are talking about four months from stan to finish . Mr. Simpson said that is correct. The resolution was assigned a number and read by title: RESOLUTION NO. 4, SERIES OF 2000 A RESOLUTION SUPPORTING 1llE FINAL AGREEMENT FOR SALE OF PROPERTY FROM 1llE ENGLEWOOD ENVIRONMENT AL FOUNDATION TO TRAMMELL CROW FOR 1llE CITYCENTER ENGLEWOOD. COUNCIL MEMBER BRADSIIAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 5 (a) (I) -RESOLUTION NO. 4. SElllES OF JNO • .. I • 0 - • • • Englewood City Council January 31, 2000 Page 3 Ayes : Nays : Ablent: The motion carried. .. ~ /' • • -' Council Members Garnn. Bradshaw, Wolosyn. Yurchick. Grazulis, Bums None Council Member Nabholz (ii) Board Director Simpson presented a recommendation from the Englewood Environmcnlal Foundalion 10 adopt a resolution supporting a modification 10 the Master Developmen1 Agrc,cmenl for CityCenU:r EngleM,od. Mr. Simpson advised that the resolution suppons an amendmenl to the agrcement bdween EEF and Miller Weingarten, who is the retail and master developer on the CityCentcr Englewood project. The original agreement holds that Miller Weingarten is to provide to the City, by February I, a list of signed leases that arc agreeable to the City. If Miller Weingarten is nol able to meet that deadline. the development agrecmenl needs lo be modified. he advised . We have received a letter from Miller Weingancn indicating. based on a couple of diff'crcnl options that may be considered here Ibis evening, that that particular time frame may not be possible . Whal is proposed is also included in the le1tcr from Miller Weingancn to the City. which Mr. Simpson said he would like lo read inlo the record . The proposal that is being requested for consideration under Ibis resolution is essentially based on the following: "Miller Weinganen and the City would take lhiny days 10 determine if Border's is a viable option and if it is determined to be a viable option. Miller Weinganen would have the righr to close al any time up 10 ninety days from that poinl and that right would terminale at the end of the ninet y day period. If ii was determined at the end of the thirty day period thal Border's was no1 a viable option. Miller Weinga,tcn would pursue the "non-border's" direction and have the righl to close for ninety da ys and thal right would tenninalc al the end of thal period . If it was determined prior to the end of the thirty day period that the required co-tenancy was IIOI available . the election to go the ··non-Border 's" route could be made or if the City 111'll111Cd to immcdialely go the "non-Border's" roule. the Ci1y would ha\·e the option 10 so dirccl ." Mr. Simpson said Ibis proposal comes forward as a resull of continued ncgouations by Miller Weinga,tcn and the City to look at a tenant mix that includes Border's. City Council has provided some direction to Miller Weingarten 10 the effect of saying Border's is a desired 1cnam and Border 's has indicaled through numerous interactions thal they have ocrtain co-tenancy requirements 10 be able 10 locate in the CityCcnter project. Thal information is still not available to EEF at this time . he said. The non- Border's tenall mix obviously docs not include Border's, but includes odlcr tenants that we ha\·e talked about ~ the past couple of monlhs . Mr. Simpson suggested that the questions regarding the tenant mix for some of these options might better be directed to Miller Weingancn. He advised thal Skip Miller was prcscnl to answer queslions . EEF's recommended action. based on this resolution. he ad\iscd, was thal the resolution be adopted that supports a modification of the developmcnl agrecmcnl between Englewood En\~ronmcnlal Foundation and Miller Weinganen Realty . Based on Council 's direction here 1onighL EEF will lake appn,priaie action. he said. and he expressed appreciation for Council 's direction . Mayor Burns asked about a notation on the tenant status rcpon of January 24"' that indicaled there was 10 be a meeting and tour of the site with the Bed. Bath & Beyond operations departmcnl 1oday . He asked if thal look place. Skip Miller responded that, lo the best of his knowledge , David Larson. with Trammell Crow . was 10 pick up the operations person. who lives in Denver, and lour staning al 3:00 p.m. loday. Mr. Miller said he asked him to leave any information he might receive on his voice mail, bul there were no messages left. Mr. Miller said. to the best of his knowledge. it had been scheduled and look place this afternoon . Mayor Bums asked. if it did take place. when would Mr. Miller expect 10 hear back. Mr. Miller said he was hoping 10 hear this e\'CDing. but felt certain he would hear by 1omorrow. He said Mr . Larson had promised that. if he could not call by this aftcmoon. be would call lornorrow morning . Mayor Bums asked if he meant that Mr. Larson would call him with IOIIIC kind of response from Bed. Bath & Beyond. Mr. Miller said Mr. Larson would call him with the results of what took place at the tour so we could get a reading of wlul the opcl'llions people from Bed. Bath & Beyond thought of the site . He said if they clearly were not inlcrcslCd. we would know. and if they have more inlerest, they would tell us bow they plan lo proceed . • ., - ) I • 0 - • I • • • Englewood City Council January 3 I , 2000 Page.i ,. ..-. e - Council Member Bradshaw asked if the meeting with Old Navy was still on for the 8"'. Mr . Miller said he thinks they have a dinner meeting on the .,.., Ms . Bradshaw asked when he would know from them. Mr. Miller said it is kind of the same thing. He really does not know. but would rather tell Council after that occurs. because it will be totally up to them, but we will be pushing for a very quick response. He felt a lot of their interest would be affected by what we hear from Bed. Balh &. Beyond. and what we can repon to them between tomorrow and the .,.._ Council Member Bradshaw asked if Mr. Miller had DOI !taled at the meeting a week ago that Border · s would consider jUSl one of those. Mr. Miller said no. be had said they told us they needed both. He said he believes that is what be said, and that is what he had intended to say, and apologized if there was some miscommunication. He felt that was why Mayor Burns had said, two or three weeks pm-iously. thal we may have an answer as soon as they talk to Bed. Bath & Beyond. because if they are a no. we will know we arc not going that route . 1bal has been consistent for the last tbrcc or four weeks as to Border· s position. he added. Council Member Garrett said when we were meeting last November. and they were working on the Border 's Jetter of intcnL Mr. Miller had stated that the way Border's tends to do things is that they do a letter of intent, and then have a fairly fast track of thirty days to negotiate a lease. and it usually is subject to co-tenancy. Based on that time frame. we would have had a Border's lease sometime in mid-January. he said. He asked what changed that time line that was discussed last November. Mr. Miller said that was what they knew at the time. but toda)', wc know they don't normally do letters of intent. They go to their real estalC committee for approval on terms . In the case of our Dillon project. they did a letter of intenL and we told them. per our requirements with the City. that wc wanted to do a letter of intent They said they would do it, and they IICIUally left in that forty-five days from the letter of intent they would have a lease . They said they made a mistake, he said. and left that in because of the other contract that we had with them. and they do not normally do that. Mr. Miller said he and Mr. LoM had reported to Council over the last month or so tbat the condition was thal, until they were comfortable with the co-tenancy. they were not going to take it to the real esaatc committee. and that they do not deal with a lease until they have real estate committee appl'O\'lll . Mr . Miller allowed that they probably bad misled Council . Council Member Gun:tt said. ifwe went the non-Border's track, a lot of the work has been done on those tenants. and it would seem that we should be able to do something in a sixty-day time frame . as opposed to a ninety-day time fr.unc. for a non-Border's track. Mr. Miller said the furthest thing along is Office Depot and he felt wc would have that commiuncnt. We have a lot of other leases that wc are going to be working on . What we have really changed in this whole thing is that wc arc prepared. and wc know we probabl y will not have any , or very few . leases in place when we have to make the decision to acquire . he said So the methodology we are dealing with now in our meetings with the Weingarten people , which took place last week.. is wc basically got them to move a long way in lessening their prerequisites. their condiuons precedent to closing. lbat is why wc put the ninety days in. because wc won't have any leases except possibl y Office Depot. so we want to get as far along with as many people as possible. If we felt comfortable thal we had the other tbrcc tenants. the rest of it is DOI nearly as important. Going a different route. with the other tenant list, we want to make SW'C thal we have some indication from the pad users and the in-line users and so fonh, and thal is why we believe we need the ninety days in that case. he said Mr. Miller added they would probably also have the Baily's leased at that time . Council Member Garrett said he thought their comfort level was the other way . 1bal is the reason he thought, if they went in a non-Border's direction. tboee people have been lniting in line to sec if we were willing to go. versus the Border's direction, which is more tenuous . Mr . Miller said that is accurate to some extent. but be recalled when Council added some names to the lia. 1bal was the first time wc could start talking to those people. he said. because there were some new names. !IO that really won't be a \/Cry long period of time until we have had a chance to do that. The people we were working with basically were Office Depot. WC bad another tenant that WC dismissed al that mccling, and then WC had Ball)'' S . • I • 0 • • • Englewood City Council January 31 , 2000 Page 5 . . ,. p /" . • • -~ John Loss, of Miller Weingarten [)e\,dopmcnt. explained that they have a letter of intent from Ross. which has some very meaningful . unaccepcablc lffllll. like the l'Clll and who they want to exclude . We told them that they do DOI have terms tbal arc ac:cepcable and wc w.mt to go this route of seeing if we can get these other tenants lined up. and so. litcnllly. ~ Roa is. is we koow they arc inlerated. but in terms of getting dial leller into an ac:cepcablc form. lbcn: is a liaJc bit at a Slart. Mr. Miller said on the Ross situation. compared to Office Dcpol. Office Depot is • terms wc arc c:omfonable with. so we can continue down the road, even though they were mlllUally exclusive to die Border's pad!. The Ross terms were not aa:q,table, and since they were mdually exclusive to die Border· s pllh. we did DOI continue on with that one . Mayor Bums said they bad mmtioacd dial they bad DOI talked to Roa in some time. He asked if they had talked to them lately at all . Mr. Miller said ya. they arc in curren1 discussion again. and those conversations have been revilaliud. they understand wbal has been proposed and the direction we are aying to go. He said be also reponed tbal they were a lialc DIOR pessimistic. or less optimistic because they had made a deal for die REI space on South Colorado Boulevard . They indicated thal they do not think that is going to be a problem • this local.ion. be said. so that is more positive than the last repon. Council Member Garrett asked if they were close on the economic terms . Mr. Miller said they had not really sat down and done thal. Mr. Loss said they sent them a three and a half page letter responding to their terms and delineating all of the problem areas . We did that a couple of weeks ago and we arc fair ly close to getting a response . Council Member Garrett said. ifwc were to modify and extend. we would probabl y want some more economic teeth in the extcosion. Thal is one of the things COW1Cil will consider as a recommendation to EEF. he said. some more camomic commitment for the extension. He said he just wanted to let them know thal was one of the things Council was considering . Council Member Wolosyn said they had discussed amendments to the resolution. Mr. Garrett said Counci l basically would make recommcndalions for funhcr modification. The resolution was assigned a number and read by title: RESOLtmON NO . 5, SERIES OF 2000 A RESOLtmON SUPPORTING A MODIFICATION TO THE MASTER DEVELOPMENT AGREEMENT CITYCENTER ENGLEWOOD . COUNCIL MEMBER GARREIT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 5 (a) (ii) -RESOLUTION NO. 5, SERIES OF 2000. Council Member Garrett suggeslcd adding four recommendations to the resolution that we are going to be submitting to EEF . The first is that we request the reimbursement. or the purchase of the assignment of the documents that would be an additional SJS0 ,000 .00 credit to the City, for that assignment. which is part and parcel to the $350 ,000 .00 that we did last fall. Secondly, ifwc go a noo-Border 's direction, at the commencement of that time, and we need to discuss that time frame among Council after this, thal it be reduced to sixty days from ninety days. The third recommendation regarding the option of Phase II is thal Miller Weinganen will have the ability to bid or respond to proposals like any other developer. but there is no guaramcc or right to Phase II . Lastly, that a release is signed by Miller Wcinganen releasing the City from all liability in the event that, at the end of the period the relationship is terminated. Council Member Bradshaw said the seconder accq,t5 those recommendations . Council Member Garrett said they need to discuss when to start the clock. We have heard from the developer on Bed. Bath & Beyond dial we should maybe have an indication as early as tomorrow, because • I • 0 ] • • • Englewood City Council January 31 , 2000 Pagc6 .,. • ,,-· . • • - .. .. .. if they are out, Border's is Olll. Mr. Miller aid dim you could go to die otbcr allelllllive. Mr. Gam:tt said be did not know if they sboald ddcple to Cily llaff. If die__. from Bed. Balb & Beyond is no, then we can Slart die IIOD-8order's ~ tomonvw. City Manager Sean aid Mr. Miller~ bave to let 111 ~ tomorrow whether or not they are still potential, by five O' cloct tomorrow Digbt. Mr. Miller said they would gn,e diem • updlre u IOOD U they get it We have our regularly scheduled meeting with you tomorrow and I hope to have it when Mi come to tbat meeting. be said . Mr. Gurea aid pncnlly, ifdle __. is no. they would ldl you prclly quickly . It is only if they SI.ill have ID iDlaal 11111 Ibey sugaa they Wllll to talk more . Mr. Miller aid Ibey could easily come back and say operalioas Im a signifiamt iW and Ibey need more rat estare people to come back and look at it apin. T'bae could be a myriad af thinp bappm. If die openlioas guy did not have any interest in the site • all, Mi could have a definite DO tomorrow, but my pell is you will have something in between. be said. We will report tbat to you, be said, and our fflCOIDmaulMioa is to wort with staff to come to the conclusion IS to whether it -viable IS wriam in the agreement allertlllivc or not . Mayor Bums asked if Ml need ID OUlSidc dale on lllll. City Manager Scars said we could maybe come to Council next Monday night. Mr. Miller said die~ bas an outside date. Mayor Bums said they requesacd thiny days, but Mi have not set lllll. Mr. Miller said be was just responding to his statement that they need a cllltc. The agrccmcnt bas tba in it, 111d Council can c:bangc it to whatever they want, but there is a cllltc in there for tbat purpose, be said. Ms. Bradshaw said die proposal has it in it. Mr. Miller said yes. in die proposal . Mayor Bums asked if they want to ~ a clifl'cn:nt lime. Mr. Millcr said Ml could delenninc an earlier date by mutual~ Council Member Garren said this gives us the ability on a wcek.ly basis to make that detcnninalion, so he bad no problem with it Let's make it thirty days, Mi'II make a decision. and we can always do it earlier. Mayor Bwns said tba includes any otbcr, Old Navy or anybody else . Council Member Gam:tt said tba really does not change the RICOll1IIICDdalons then, because that will saay as the proposal is . Mayor Burns said the resolutioo bas been IIICMld and seconded with four additions as recited into the record by Council Member Garrell Voteraalb: Ayes : Nays: Absent : The motion carried. 6 . Adjo,1111-1 Council Members Garren. Bradshaw, Wolosyn, Yurchick. Grazulis , Bums Nooe Council Member Nabbolz MA YOR BURNS MOVED TO ADJOURN. The meeting adjoumed at 7:3S p.m. • . ) I • 0 - • • • .. • ,.,-. • .. ' • -' To : Members of the Englewood City Council From: Englewood Police Detective Robin E. Garrett Englewood Police Officer James "Brad " Johnson Date : February I. 2000 .. ' Subject: Request for amendment : City Code 3-10-8: Famil y Employment Restrictions My name is Robin (Bobbie) Garrett and the Englewood Department of Safety Services ha s been my ·'career home·' for eleven years. I lo ve my job. the City and its people . Englewood has been good to me , the City has invested a great deal into my caree r as reflected in m y resume which I have included for review . For the last four years, I have been assigned to the Police In vestigations Di vision. maintain secondary duties which include: Senior Crime Scene Investigator. Arrest Co ntrol Instructor, and Citizen·s Academy Ladies Self Defense and Awareness In structor. I am a member of the 18'h Judicial District Critical Inc ident Team and a member of the Arapahoe County Child Fatality Review Board . I am a decorated officer and trul y believe I am a valuable asset to the organization. Eng lewood Po lice Officer James ··Brad" Johnson is a decorated patrol officer. a leader and instructor with over 20 years of law enforcement experience . In November 1997. Officer Johnson attended the Supervisory Institute , a College for First Line Supervisors . In December 1998. Officer Johnson obtained his Bachelor of Science Degree in Organizati onal Management form the Colorado Christian University . In Novem ber 1999, the Department of Safety Services held a promotional assessment center for promotion to e rgeant. Officer Johnson completed the testing and was ranked number one by the assessment board. On January 20. 2000. Officer Johnson was informed he would not be promoted unless his wife re s igned from the Department of Safety Services. per City Code 3-10-8 (Enclosure "A "). A lth o ugh o ur names are different and no rin gs are worn, I am Officer Brad Johnson · s wife and I do not wish to give up my career. While promotion grow1h and development are important key factors when evaluating an empl oyee·s ··career wealth,"' the City must also evaluate the "los s totality"' which occurs when qualified. competent professionals resign from City employment. The Ci ty of Englewood Charter was originally adopted in July 1958. From the time of adopti o n to thi s date , it does not appear that the Charter has addressed family employment restrictions . Family Restrictions were formalized by the adoption of Ordinanc e 14 , Series of 1983. This ordinance amended the 1969 Code, Famil y Empl oy ment Restrictions (5-26-8). • 6a I • 0 :]- I • • Memo to C ity Council February I , 2000 Page Two ~-' • ---· • • - .. 4, ' An issue regarding family employment occurred in 1966, and was possibly addressed as an administrative issue. In 1966. the City employed a total of 113 people within its departments . At that time , there were six elected members of Council. 3 I fire fighters and 36 police officers , none of which were women. Today, in the year 2000. Englewood is home to 529 employees. There are seve n Council members, and 168 employees within Safety Services (fire /police), 22 of these being women . As a community. growth and change can be seen everywhere. As a City government. departments are expanding in both size and technology. While re cruitment of new. quality employees is important. the retention and grov.1h of experienced employees is paramount. The training , knowledge and expertise an employee receives is an inve stment for th e C it y. Today. limitations of supen·isory capacity and disciplinary functions between family members are not unique . Twelve metro police agencies. ranging in size from 30 to ~60 officers were contacted regarding family restrictions/nepotism . While all of the agencies contacted expressly prohibit direct supervision of a family member, all but one had established limits and conditions whereas promotion and continued employment could occ ur through separation by shift assignment. Division, Chain of Command and what best served the interests of the Ci ty (Enclosure "B "). While fa mi~v member is defined within our current Code. the proposed Code redefines fam ily memb er. re flecting the life style changes that have occurred s ince the Code ·s incepti o n. Supervise . as interpreted in the current Code. is an employee of higher rank o r authority. The proposed Code defines supervise as one directly responsible for completing performance evaluations, recommending disciplinary actions or accessing personnel records of a particular employee. T he Ci ty Code regulating family employment received a change in 1991 . Co us in was removed from the definition offamily memb er allowing a police officer to be hired . While it is impossible to address every possible situation that may arise. the proposed Code addresses many issues involving relationships within an organization . It is re s pectfull y requested that the members of Council review and consider Proposal; Employment Relationships : limits and conditions. A separate copy has been e nclo sed in each packet for your convenience . Si nc ere thanks to Council for taking the time to address this issue . .. . . • ) I • 0 J • .. • ·,. .. • - Proposal: Employment Relationships; limits and conditions Purpose: Outlines the conditions. limits and procedures under which employees with family relationships or though lifestyle accommodations may work together. Policy : No person may be hired. promoted. demoted. or transferred to a position in which said person would directly supervise or be supervised by the family member. "Direct" is defined as completing performance e\'aluations. recommending disciplinary actions or accessing personnel records of the employee. ·'Famil y member" is derined as parent. step-parent. adoptive parent, child. step-child. adopted child. sibling. step or half sibl ing . aunt. uncle niece. nephew. spouse or other person equivalent to family ba sed on litestyle accommodations . Exceptions to this policy may be considered and approved by the City :\lanager when such employment is found to serve the best public interest. Family member separation will be accompli sh ed through shift ass ignment o r division assignment. If a situation or conflict arises . the Ci ty Manager or Department Head may transfer one of the empl oyees to a position removed from supervisory control if there is a vacancy in a position in whi c h the employee is qualified to serve. If the City Manager or Department Head is unable to transfer one of the employees. if voluntary dem o ti o n is not requested which may be reasonably accommodated. or an exception is not justified by the City Manager. based on an assessment o f the best interest of the City . one of the employees may be terminated . The City Manager shall decide which employee will be terminated onl y after co nferring with the appro priate Department Heads and the Employee ervice Director. The final determinati o n will ultimately be based upon what be st se r-.e s the interest of the public or the needs of the City . Employees are required to notify the appropriate s upervi sor when a change in relationship occurs where one would be considered a famil y member as defined by policy . Potential polic y violations should be reported to the Employment Services Director for investigation . The results of such an investigation will be forwarded to the City Manager for review. Any violation of this policy. whether overt or covert. ma y result in disciplinary action or termination . enclosure (a) • ' . ) I • 0 .. '· ... • l• ~ •• .. .. • • I -.. CITY SWORN POLICY OUTLINE CURRENTLY Commerce City 65 No Dept heads/Elected officials ( l) Sgt/Patrol Ofc No direct supervision of family marriage Castle Rock 30 No direct supervision of family Broomfield 100 No direct supervision of family (3) Sgt/Patrol Ofc marriages Northglenn 74 No supervision of spouse (I) prior Sgt/Ofc Can not hire as spouse marriage Thornton 100 No direct supervision of family (2) Detective/Ofc No family in direct Chain of Command marriages "Exceptions can be made to better serve the public " Golden 36 No direct supervision of family n/a If dept is unable to accomodate, 90 days for one to resign Greenwood 65 No direct supervision of family (I) father / son Village (I) Lt / Detective marriage Wheat Ridge 75 Never directly supervise family (I) Sgt/Detective marriage (2) Sgt / Ofc marriages Lakewood 260 Can not directly supervise famil y ( 1) Lt / ci vilian • No access to personnel records marriage No direct discipline (I) Lt/ daughter Lafayette 35 No direct supervision of spouse (\) Drug Task "practice" is diffrent shifts Force/Detective marriage Littleton 60 No direct or Indirect supervision I • 0 Westminister 100 No direct supervision of family (3) Sgt/ Ofc No direct control of discipline marriages No access to personnel records enclosure (b) • 32X - • • ,. ,,- • \ J ~ .... .. Penoaal Work K1perience Special Assipmepts Englewood Police . . United States Marine Corps Awards Community lpstructiop Training enclosure (c) • • - Robin E . "Bobbie" Garrett 12166 West Temple Drive Morrison, Colorado 80465 303-933-2633 Date ofBinh: 11 /27 /61 Married, children Excellent health Englewood Police Department 2/89 -Present Thornton Police Department 5/88 -2/89 United States Marine Corps 12/78 -5/88 Field Training Officer Advanced Crime Scene Investigator PPCT/Arrest Control Instructor Bicycle Patrol 18th Judicial District Critical Incident Team Arapahoe County Child Fatality Review Board Operation Desen Storm Medal of Police Service (2) Columbine Medal Citizen Academy Self Defense/Awareness Train the Trainer. Self Defense Coppell, Tx Awareness Seminar, District Attorney Office Crime Scene Instruction for Paramedics Reid Interview School Practical Kinesic Interviewing Linguistic Observation/Interrogation Child Abuse Interviewing Child Suggestibility Sexual Assault Profiling Course Investigating Missing and Exploited Children Child Abuse Investigation Violent Offenders FBI Seminar Homicide Investigation Course Officer Involved Fatal Incident Investigation ' . .. • ~ .. • ) I . C, 3 - • • enclosure (cc) -• • -• . -.. -... • • ' Robin E. "Bobbie" Garren Training cont' Robbery Investigation Conference Burglary Investigation Conference Colorado Assoc. of Sex Crimes Conference Basic Crime Scene Investigation Bloodstain Pattern Interpretation Advanced Crime Scene Investigation/ FBI Advanced Crime Scene Investigation/CBI Weapons Retention Course Pepper Spray Instructor Course Riot Control Rape Prevention/Harassment Instructor Course PPCT Instructor Course TAC Carbine Course PPCT Instructor Re-certification Course Drug Field Testing Intoxilyzer 5000 Certification Over eleven years experience in law enforcement . Four years experience as Police Detective . Investigation of"Persons Crimes" involving serious injury or death; assaults. sexual assault, kidnap. sexual assault on children, suicide. homicide and robbery. Investigation of "Property Crimes" include theft , burglary trespass and criminal mischief. Assisted in multi-jurisdictional investigations involving other police agencies, social services and/or civil entities . 18th Judicial District Critical Incident Team member, assisting in the investigation of officer involved shootings. • .. ) I • 0 xi - enclosure (d) • • . ...... .• .. • - James B. "Brad" Johnson 12166 W. Temple Drive Morrison, Colorado 80465 303-933-2633 Penonal Work Experience Police Officer Deputy Sheriff Special Assignments Englewood Police Jefferson Co. Sheriffs Special Recopition Education Date ofBinh: 3/24/54 Married Father of four Excellent Health Englewood Police Department 2/89 · Present Jefferson Co . Sheriff's Department 6/7 9 • 2/89 Departmental Training Officer Field Training Officer Special Weapons and Tactics Fircanns Instructor Special Weapons and Tactics Pro-active Patrol Team Field Training Officer Dignitary Security Detail 3 yea rs 8 years 3 years 10 ye ars 6 ye ars 3 years 7 years 5 ye ar s Princess Ann Security 198 2 World Economic Forum 1985 President Reagan Security 1987 Medal of Gallantry Medal of Police Service Medal of Distinguished Service City Employee of the Month December 1998, Bachelor of Science Colorado Christian University Organizational Management "Alpha Sigma Lambda" G.P .A. 3.93 • .. .. I . 0 3 • • I "- -. --• I• .. • - James B. "Brad" Johnson Training Programs Schools and S~ Supervisory Institute: A 96 Hour College Credit For First Line Superv iso rs In Law Enforcement enclosure (dd) Basic Police Academy Basic Firearm's Instruction Master Firearm 's Instruction D.E.A . Research & Techniques F .B .I. Basic Special Weapons and Tactics F.B.I. Intermediate Special Weapons and Tactics F.B.I. Advanced Special Weapons and Tactics Defensive Tactics Instruction Aerosol Projector Instruction Advanced Defensive Tactics Instruction Basic Rifle Instruction Officer Involved Shooting Investigation Introduction to Instruction Sexual Harassment and Rape Prevention Instruction Community Instruction Founded and Developed: Ladies Self Defense and Awareness 2500 students to date Violence in the Workplace Englewood City Hall Employees Contract Instruction Train the Trainer Ladies Self Defense Coppell, Texas Basic Special Weapons and Tactics City of Louisville Basic Special Weapons and Tactics City of Louisville 1995 1996 1997 0 I • 0 • • -. .. ~ -· • ... ... • - Englewood Police Benefit Association LETIER OF SUPPORT ., 3615 S. Elati St. I Englewood, Colorado 80110 Business Phone (303) 761_.960 The undersigned members of the Englewood Police Benefit Association are signing this letter of support of change in the current City of Englewood's nepotism policy . We understand that there is a need to lim~ the supervisory capacity and disciplinary functions of a supervisor , between family members working within the City . We believe that the present policy is in need of change, as times in our society have changed since the advent of the present policy . Members , who have signed this letter of support are doing so voluntarily . .. ) I· 0 - • • -. City of Englewood OFFICE OF THE CITY MANAGER G.ry Sears . City Manager January 20, 2000 Police Officer Brad Johnson Englewood Safety Services Department 3615 South E1ati Street Englewood , Colorado 80110 Dear Officer Johnson : • • • - .. ... .. 3400 South Elarl Srreer Englewood. Colorado 80110-2304 Phone (303) 762-2311 FAX (303) 762-2408 E-mail: info@cl.~.co.us Thank you for taking the time to meet with me regarding the position of Sergeant. After a great deal of thought and disc.1SSion, I believe that it is in the best interest of the City to not change our nepotism rule regarding supervising relatives, as attached . Because this issue was adopted by the City Council and is part of our City Code, you would need to make an appeal to the City Council to change the policy . You may address the City Council concerning changing the Code at the upcoming Council meeting of February 'rt' and/or you could send a letter to the City Council, which must be received by Wednesday, prior to the City Council meeting with your request. so it can be put in the Council packet. If you have any questions, please contact Director Chris Olson, Director Eaton, or myself . Cc: Safety Services Director Chris Olson Human Resources Director Sue Eaton City Attorney Dan Brotzman Printed on Recycled P-.,.,.~. ., I . 0 - .. ,. • • - 3-10-7 3-10-9 3-10-7: PRIVILEGED INFORMATION: Employees may deal with plans, programs and information of significant public interest. Employees must not use this privileged information for their own financial advantage or to provide any other person with financial advantage, or with information which could be used for financial advantage. If an employee finds that he/she has an outside financial Interest which could be affected by City plans or activities. he/she must Immediately report the situation to his/her supervisor. Each employee is charged with the responsibility of ensuring that he/she release only information that he/she has authority and responsibility to release and that should be made available to the general public. Violation of privileged information or use for private gain is just cause for dismissal. This Section shall not be construed to be in conflict with the State Public Records Act. (Ord. 14 Serles 1983) 3-10-8: FAMILY EMPLOYMENT RESTRICTIONS: No member of the immediate family of an employee may be employed, promoted, demoted or transferred on a permanent, part-time. or temporary basis, to a position where that relative would be supervised by or supervising, influenced by or influencing, the activities of that employee. "Immediate family" is defined as blood, marital or step relative , including father. mother, son, daughter, brother, sister, uncle, aunt. nephew, niece, husband, wife, father-in-law, mother-in-law , son-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half-brother, half-sister, or any ward of an employee living within the same household. (Ord. 21 Series 1~91) 3-10-9: UNLAWFUL ACTS PROHIBITED: Any employee of the City of Englewood who knowingly violates any of the provisions of this Section shall be subject to dismissal from his/her position in the City service. Violation of any of the provisions of this Section shall be considered to be Just cause for dismissal from employment with the City of Englewood. A. No person shall make any false statement, certificate. mark. rating, or report with regard to any test , certification or appointment made under any provisions of these rules and regulations or in any manner commit or attempt to commit any fraud preventing the impartial execution of these rules. B. No person shall, directly or indirectly, give, render, pay, offer, solicit or accept any money, service or other valuable con- 8111 .. ) I . 0 • • • • • • - GOODEVENING --MY NAME IS BRAD JOHNSON AND THIS IS MY WIFE BOBBIE GARRETT. WE WORK FOR SAFETY SERVICES lN THE POLICE DIVISION . I AM A PATROL OFFIC ER AND BOBBIE IS A DETECTIVE . WE ARE HERE TONITE TO PRESENT A PURPOSAL TO AMEND CITY MUNICIPAL CODE 3- 10-8 WHICH ADDRESSES FAMILY MPLOYMENT RESTRICTIONS. THE CODE PARAPHRASED SAYS THAT NO FAMILY MEMBER CAN BE PROMOTED TO A POSITION WHERE THEY WOULD SUPERVISE ANOTHER FAMILY MEMBER . IN DECEMBER I WAS ENCOURAGED TO TAKE THE PROMOTIONAL TEST FOR SERGEANT. UPON TESTING I FINISHED NUMBER ONE IN THE ASSESSMENT CENTER PROCE . FOLLOWING THE RANKING ANNOUNCEMENT DIR CTOR OLSON TOLD ME THAT l WAS THE OBVIO . CHOICE FOR PROMOTION. HOWEVER MUNICIPAL COD PROHIBITED THE PROMOTION AS LONG AS BOBBIE REMAINED WITH SAFETY SERVICES. DIRECTOR OLSON GAVE ME PERMISSION TO RESEARCH ALTERNATIVES WITH HUtvlAN RESOURCES DEPARTM ENT HEAD SUE EATON. AFTER MEETING WlTH MS . EATON SHE MET WITH CITY MANAGER SEARS AND CITY ATTORNEY BROTZMAN TO DISCUSS ALTERNATIVES . THEY FELT THE CODE SHOULD REMAIN . AFTER REPORTING TO DIRECTOR OLSON HE GAVE ME PERMISSION TO SPEAK WITH CITY MANAGER SEARS . UPON SPEAKING WITH MR . SEARS HE INFORMED ME THAT HE WOULD TRY TO CREATE A WIN /WIN SITUATION . A WEEK .. I_ I ) I· 0 ]-=--,, ... ,. ,,-. • . ' -.. .. LATER MR. SEARS INFORMED ME THAT THE FAMILY RESTRICTIONS SHOULD REMAIN AS CODE . MR . SEARS ADVISED HE COULD NOT CHANGE MUNICIPAL CODE AND ONLY CITY COUNCIL HAD THAT POWER . THE CITY MANAGER GAVE US PERMISSION TO ADDRESS CITY COUNCIL. BOBBIE AND I WISH TO CREATE A WIN /WIN SITUATION . SO WE CONTACTED TWELVE OTHER CITIES CONCERNING TH EIR FAMILY EMPLOYMENT RESTRICTIONS . ALL OF THE CITIES BUT ONE PERMITTED PROMOTION AND CONTIN UED EMPLOYMENT. THJS WAS ACCOMPLISHED BY SHIFT OR D[VISION ASSIGNMENT THAT ELIMlNATED DIRECT SUPERVISIO . TH E DEPARTMENTS CONTACTED ARE CONTAINED IN YOUR PACKET AND THEY RANGE IN SIZE FROM 30 --250 EMPLOYEES. BQBBIE AND I HAVE WORKED IN SEPARAT E DIVISIONS FOR srx YEARS AND HAVE SERVED THE CITY FOR OVER ELEV EN YEARS. THE CITY HAS INVESTED THO USAJ'\l DS OF DOLLARS IN DEVELOPING US INTO THE ASSETS \V E AR E TODAY. THE C URR ENT CODE ELIMINATES ANY GROWTH POT ENTIAL FOR THE CITIES DEVELOPED ASSETS AND FOR ES COMPETENT • EMPLOYEES TO LEAVE ITS SERVICE . THIS CREATES A VOID IN THE QUALITY OF SERVICE PROVIDED TO TH E PUBLIC • -. BY APRIL I ST THERE WlLL BE TWELVE S ERG EANT POSITIO NS WITH THE POSSIBILITY OF CREATING ANOTHER POSITION AT A LATER DATE . THE PROPOSED CODE PREVENTS DIRECT S PERVlSION. HOWEVER WlTH THE NUMBER OF SERGEANT POSITIONS AVAILABLE COMPLIANCE SHOULD NOT BE DIFFIC ULT. . . I . 0 - • • " • .. • -.. ..... THE NEW CODE WILL DEFINE THE CONDITIONS AND LIMITATIONS CONCERNING DIRECT SUPERVISION. THIS STEP WILL CREATE A WIN/WIN SITUATION FOR THE CITY QUALIFIED CANDIDATES CAN BE HIRED AND PROMOTED AND THE CITY CAN RETAIN VALUED EMPLOYEES. THE CITY OF ENGLEWOOD IS A CUTTING EDGE COMMUNITY THAT PRIDES ITSELF ON DEVELOPMENT AND INNOVATIVE PRACTICES. WE RESPECTFULLY REQUEST THE COUNCIL TO REVIEW THE SUGGESTED ALTERNATIVE AND ALLOW CONTINUED GROWTH FOR THE CITY AND ITS EMPLOYEES . . . . ... . ' .. . ' . I . 0 32X • • ,,-. • .. • -... Over the past several weeks I have been confronted with many issues. The bottom line being.... / nless I resign from the City, Brad will not be promoted. "i:. v/\1.v<: ..... " (/\"-'--'- While -. divorce wo..,,d be a quick way to comply with the current code ... to do so for promotion is morally and ethically wrong .. I contacted other organizations to see how they dealt with family issues . I learned that this situation is not unique, Many agencies have already updated or revised their family employment policies . Their changes made sense and are working. Updating our Code is not a major undertaking. Incorporating a clear definition of ··family member·· and "direct supervisor" will leave little room for misinterpretation. ----·--·-- As we all know , people naturally resist change. Most see change as uncomfortable, unpredictable and unsafe. Change brings us face to face with the unknown. Our fears kick in ... Will it work ... Can it work ... will it be criticized, how much opposition is this !Win!! to cause? c.. -~ ---~. Once implemented, change breathes new life and new ideas. Without change individuals and organizations stagnate. Change gets us to the next step ... thanks to change ... *We have a Bill of Rights * We use computers, the inter-net and cell phones instead of typewriters and carbon paper *Women comprise over 40% of the work force they serve in the military, in law enforcement I· 0 • --• l·.,,. • -' Change can be difficult to accept. ... Cinderella City was once loved by all But the needs and habits of the consumer changed. Many tried to SA VE Cinderella City Eventually CHANGE won out. Looking back, I wonder what all the fuss was about... Developing the Englewood Civic Center was always a "good thing" ... It just took awhile for everyone to accept the change. ---- Change isn 't easy, especially if it is perceived as a threat. The proposed Code is non-threatening. *It provides for continued service of famil y members through MIN IMAL change, not CHALLENGE. *Conforming to the conditions will be the responsibility of the emplo y ee . *If a situation does arise, administration MAY CONSIDER alternati ve s however. .. final determination will ultimately be in what best serves the interest of the public. ------ C ities and organizations are growing. Recruitment of quality applicant s has become a struggle. Recentl y, Human Resources initiated a campaign that provides cash incentives to employ ees if the City hires..-neighbor, friend or family member. -----·---. -. Unles s the Code is amended, both the employ e e and the recruited family member COULD encounter growth limitation s throughout their t · career.,. Prom o tion ,r1 A 1-( be · non-existent. T he proposed Code is nothing more than a tool. A too l that can be implemented to better serve the needs of a g ro w ing o rganization and community . • I . 0 3 - • • .. ,. ,,-- • 'it..· .t ........... " • -' ln 1991 , I was activated as part of Desert Storm. l was a Marine trained to perform a specific task, .. ' ' The rules regarding discipline and conduct applied to everyone. Marines are titled "green " ... "green" stands for equality. lt means being a wife , a husband , a father or a mother is irrele vant. It 's about getting the job done. Police officers are "the ones in blue" They are the men and woman sworn to Serve and protect. Policies and procedures ensure every thing we do , we do right. l am a dedicated police officer. Brad and I made an agreement with GOD and GOD alone. That agreement should have no bearing on career, retention or promotion. ---- I re spectfull y request Council review the proposed code we have pro v ided. It makes sense. C ontrol and integrity remain intact and Th e C ity will have continued use of valuable assets and investments. It's stock in the Cities future . Thank you .. • f I . 0 3 xi - .. ,, • t • ~' J a• .. • - -. Proposal: Employment Relationships; limits and conditions Purpose: Outlines the co ndition s . limits and procedures under \\hich emolovees with famil~ relau onships or though lifesryle accommod:n io ns may \~·ork toget her. Policy: '.'io person may be hired. promot ed. demoted. or transferred o :i positio n in which said perso n would directly supen ·i e o r be super.-ised by the family member. ··D irect"· is defined as complet ing pe rfo rmance evaluations. recommending disciplinary ac ions o r acces ing personnel rec rds of the employee . ··Fami ly me:ni::er .. i derined as parent. step-parent. adop tive parent. child. tep -chi ld. ad opted child . ibling. tep o r half sib li ng. aunt. uncle niece. nephew. s pouse or other pers n .:qui\·aknt to fami ly based on Ii res tyle accommodat io ns . Exceptions to thi s policy may be cons id ered and approved by the City \lanager \vhen such employment is fo und to sen·e the best public interest. Family member separation will be ac co mplished through shift :is ignment o r di\·ision ass ignment. I f a situation o r conflict ari ses. the Ci ty \!:mage ~ o r Department Head may transfer one of the employees to a positio n rem \·ed from superv iso ry control if there is a vacanc y in a position in which the employee is qualified to serve. If the City \lanager or Department Head is unable to transfer one of the employees. if vol untary demoti o n is not req ue sted which may be reasonably accommodated. or an exceptio n is not j ust itied y the City \lanage r. based on an assessment of the best interest of the City. one of the employees may be terminated. The City '.lvlanager shall dec ide which employee ,~ill be terminated onl y after co nferring wi th the appropriate Department Heads and the Em ployee en·ice Direc to r. The final determinati on will ulti mate ly be based up o n what be st sen·es the interest o r th e publ ic o r the neeJs of the City. Employees are required to noti fy the a ppropria te supen·isor whe n a change in rela ti o nship oc curs where one wo uld be co nsid ered a family member as defined by policy. Po te ntial policy violations sho uld bt! repo rte d to the Employment Ser\"ices Di re::to r fo r in vestigation. The re s u lts of such an ill\·es tigation will be fo n,·arded tv '.ht! C it y '.\lan age r fo r re \ ie w . Any\ iobti o n of this policy. \\ he:her on:'.1 o r CO \ ert . may resul t in c!iscip lir.ar:-action or te:mi n:nion. e::.:l.osu r e (a) • ' . I I • 0 X • • • .. ,, _. • I ,• .. ,,, ·~ .. • -~ PUBLIC COMMENT ROSTER AGENDA ITEM 7 IIDII Ml RIM lfO yu,-aanni~ORS-- DATE: February 7, 2000 .. NON-SCHEDULED VISITORS IIAY SPEAK FOR A MAXIMUM OF FIVE MINUTES. EACH PERSON WISHING TO SPEAK SHOULD SIGN THIS PUBLIC COMMENT ROSTER, STATING NAME, ADDRESS, AND TOPIC OF COMMENT. PLEASE PRINT NAME ADDRESS TOPIC kbu6 O>HA/ Ml s Wik c;, £).)(., &;,1° 5, oewets 5fH-C '· c;i;tP //l;t.J£R-c!£CA1--1e.e1Y&Ss--Dfl z . Uj'" 22 112 aq r v.r,"a Ok f<t.,.,_,N fl • 1 / c, 1 1)/(l.hJ c· ·:,1/.,r.: 7 -r07 1.Ji. .. ·1,,, .. ,. ~ . 'I I . 0 J • -: r-- : Jan 1 • 31 ' . ... .. Upcoming Events -. ChristmM T-lleqdins Drop off ~our tr,•,•, Jt Bah .. ") Logan Parl..., Cenlfflrn.., P ~rl tkUt.• .. tt.-\11. P "''"· .md Miller Field. Mon. Jan. 17 City Council -.. Englewood ,ty Hali Wed. Jan. 19 R'lD SoulhWesi Corridor 7:00 pm r-,,-.. En"'"'ood Library . Perrin Room • • -· • • • ' Fn. i-211 fndoy NW11 Oul · 4:QO. 7:45 pm • , .. ~ ~ free Fun a 1. lhe Recrea tKJn Ccnler for , / •· 0 ages l CJ.15 ~ Hav~- Mon Feb. 7 City Councl-.. _ 7:30 om ' -Englewood City H•II ---,:-J I t , • · ::., &$ .......... ......,,__'-' ·' ,, C".. i,(,,/ ..;l /\ .. .:...; ... " - -. ,. ' .. ' ., . I • 0 • • - • .. -..., ..., .., .I .; ..,, :, .. -~ ., .J _, • ... •• ..... '!,· . . ·-\,. .. ~ • ' -.. ' . ' . I . 0 32X J- • • ... ,. -• . -~ 1 ·~' .. • • ' ~ ~ 10:22 :33 AM Jerrell Black • 01f.!41200010:00 AM To : Leigh Ann Hoffhines/City of Englewood@COE , Cynd ie Watkins/C ~y of Englewood@COE , Sue Bradshaw/City of EnglewoodOCOE cc : BARKDIINOaot com, Dan Brotzman/City of Eng lewood@COE , Gary Sears/City of Englewood@COE Subject: Fwd: CAC Resignation January 24, 2000 Hon . Olga Wololsyn Englewood City Council Englewood , CO 80110 Dear Olga , n has been my privilage to serve these past 3 1/2 years on the Englewood cunural Arts Comrrission . As we discussed the other day, I feel I can serve Englewood best right now by forging other avenues in the cultural community , and opening up my position on the Commission . Please share my resignation with the rest of council , and please forgive the informality ot this email! (I can folow up with something more "proper" through snail mail later ... ) It has been wond81fuf being a founding member of the Commission during these times! We have accomplished so much , and there is much more to do. It has been my joy to ~ the Cuttural Arts Comrrission become firmly established; and now ii is my plan to do the same with a non-governmental Englewood arts council that will be able to e,cpand the scope of and work in concert with the CAC. Sincerely, Janet Spangenberg-Spafford • . .. ' . ea I • 0 3 xi • -• •• - .. RECEIVED FEB oa 2(11) Cff't tMNA~OO:U eNGLEWOOo, COLORADO .. I . 0 3 - • • RESOLUTION NO. if SERIES OF 2000 --• • -.. A RESOLUTION REAPPOINTING CAROLYN ARMSTRONG TO THE PARKS .. AND RECREATION COMMISSION FOR THE CITY OF ENGLEWOOD , COLORADO . WHEREAS, Carolyn Armstrong is a current member of the Englewood Parks & Recreation Commission; and WHEREAS , Carolyn Armstrong's current term expired February 1, 1999; and WHEREAS, Carolyn Armstrong has applied for reappointment to the Englewood Parks and Recreation Commission for another term ; and WHEREAS, the Englewood City Council desires to reappoint Carolyn Armstrong to the Englewood Parks and Recreation Commission for another term ; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , THAT: Sectjon 1. Carolyn Armstrong is hereby reappointed to the Parks and Recreation Commission for the City of Englewood , Colorado . Carolyn Armstrong's term will be effective immediately with term expiring February 1, 2004. ADOPTED AND APPROVED this 7th day of February, 2000. Thomas J . Burns, Mayor A'ITEST: Loucrishia A. Ellis, City Clerk I , Loucrishis A. Ellis, City Clerk for the City of Englewood, Colorado , hereby certify the above is a true copy of Resolution No ._, Series of 2000 . Loucrishia A. Ellis ' . .. .. lei I • 0 - • • • RESOLUTION NO . SERIES OF 2000 I• ~ ,,,_... • • - .. .. .. A RESOLUTION REAPPOINTING LORRAINE CAHILL TO THE PUBLIC LIBRARY BOARD FOR THE CITY OF ENGLEWOOD , COLORADO . WHEREAS, Lorraine Cahill is a current member of the Englewood Public Library Board : and WHEREAS, Lorraine Cahill's current term expired February l , 2000 ; and WHEREAS, Lorraine Cahill has applied for reappointment to the Englewood Public Library Board for another term ; and WHEREAS, the Englewood City Council desires to reappoint Lorrain Cahill to the Englewood Public Library Board for another term ; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNC IL OF THE CITY OF ENGLEWOOD, COLORADO , THAT : Sectjon 1. Lorraine Cahill is hereby reappointed to Englewood Pubhc Library Board . Lorraine Cahill's term will be effective immediately and will expire February l , 200-t . ADOPTED AND APPROVED this 7th day of February, 2000 . Thomas J . Burns. Mayor ATTEST: Loucrishia A. Ellis, City Clerk 1, Loucrishia A. Ellis , City Clerk for the City of Englewood , Colorado , hereby ce rtify the above is a true copy of Resolution No ._, Series of 2000 . Loucrishia A. Ellis • , . .. . . .. ,. .. ~ .. ' • 8ci I • 0 3 xi i I o- • RESOLUTION NO. j SERIES OF 2000 .... ,. -~ ·. -: ...... .. --• • • .. .. .. .. A RESOLUTION REAPPOINTING LEROY WILLIS DaVA ULT TO THE NON - EMERGENCY RETIREMENT BOARD FOR THE CITY OF ENGLEWOOD , COLO RADO . WHEREAS , Leroy DaVault is a current member of the Englewood Non-Emergency Retirement Board; and WHEREAS , Leroy DaVault's current term expired February 1, 2000 ; and WHEREAS , Leroy DaVault has applied for reappointment to the Englewood No n- Emergency Retirement Board ; and WHEREAS . the Englewood City Council desires to reappoint Leroy Da Va ult to the Englewood Non-Emergency Retirement Board ; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , THAT: Section L Leroy DaVault is hereby reappointed to Englewood Non-Emergency Retirement Board. Leroy DaVault's term will be effective immediately a nd will ex pire February 1, 2004. ADOPTED AND APPROVED this 7th day of February, 2000 . Thomas J . Burns. Mayor ATTEST: Loucrishia A. Ellis , City Clerk I , Loucrishia A. Ellis, City Clerk for the City of Englewood , Colorado , hereby certify the above is a true copy of Resolution No._, Series of 2000. Loucrishia A. Ellis ' . ... .. .. 8civ I • 0 32X ·]- • • RESOLUTION NO . Jf) SERIES OF 2000 .. . • • - .. .. A RESOLUTION APPOINTING JOHN A. GATES TO THE CU LT URAL ARTS COMMISSION FOR THE CITY OF ENGLEWOOD , COLORADO . WHEREAS , the Englewood Cultural Arts Commission was established by the Englewood City Council with the passage of Ordinance No . 5, Series of 1996 ; and WHEREAS, John Gates has applied to serve as a member of the Englewood Cultura l Arts Commission; and WHEREAS , the Englewood City Council desires to appoint John Ga tes to the Englew oo d Cultural Arts Commission; NOW , THEREFORE . BE IT RESOLVED BY THE CITY COUNC IL OF THE CITY OF ENGLEWOOD, COLORADO . THAT : Section 1. John Gates is hereby appointed to the Englewood Cultural Arts Commission. John Gates' term will be effective immediately and will e xp ire July 1, 2002 . ADOPTED AND APPROVED this 7th day of February, 2000 . Thomas J . Burns , Mayor A'ITEST: Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis , City Clerk for the City of Englewood , Colorado , hereby certify the above is a true copy of Resolution No ._, Series of 2000 . Loucrishia A. Ellis 't."' .. Bev I • 0 3 - • • • RESOLUTION NO. l SERIES OF 2000 • --• • - .. .. ' A RESOLUTION APPOINTING CHARLES HABENICHT TO THE WATER AND SEWER BOARD FOR THE CITY OF ENGLEWOOD , COLORADO . WHEREAS, there is a vacancy in the Englewood Water and Sewer Board; and WHEREAS, Charles Habenicht has applied to serve as a member of the Englewood Water and Sewer Board ; and WHEREAS , the Englewood City Council desires to appoint Charles Habenicht to the Englewood Water and Sewer Board ; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , THAT: $ectjon 1. Charles Habenicht is hereby appointed to the Englewood Wate r a nd S ewer Board. Charles Habenicht's term will be effective immediately with term expirmg February 1, 2002. ADOPTED AND APPROVED this 7t11 day of February, 2000 . Thomas J . Burns, Mayor ATTEST: Loucrislua A. Ellis, City Clerk I , Loucrishia A. Ellis, City Clerk for the City of Englewood , Colorado , hereby certify the above is a true copy of Resolution No ._, Series of 2000 . Loucrishia A. Ellis , . • .. ' ' ' 8Cvi I • 0 3 X - • RESOLUTION NO. I~ SERIES OF 2000 .: .··-. t' ' • • • .. A RESOLUTION APPOINTING RUTH HANSEN TO THE CLEAN , GREEN AND PROUD COMMISSION FOR THE CITY OF ENGLEWOOD , COLORADO . .. WHEREAS , there is a vacancy in the Englewood Clea n , Gree n and Proud Co mmiss ion ; and WHEREAS , Ruth Hansen has applied to serve as a me mber of t he En glewood Clea n . Green and Proud Commission; and WHEREAS , the Englewood City Counctl desires to a pp oint Ruth Hansen to the Englewood Clean, Green and Proud Comm1ss1on : NOW , THEREFORE , BE IT RESOLVED BY THE CITY COUNC IL OF THE CITY OF ENGLEWOOD , COLORADO , THAT : Section l. Ruth Hansen is hereby appointed to the Englewood Clean, Green a nd Proud Commission. Ruth Hansen's term will be effective imm ed iately and will expire December 10 , 2002. ADOPTED AND APPROVED this 7th day of January, 2000 . Thomas J . Burns, Ma yor ATTEST : Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis , City Clerk for the City of Englewood , Colorado , hereby certify the above is a true copy of Resolution No ._, Series of 2000 . Loucrishia A. Ellis ' . .. ' .. • I ' Bevil I • 0 32X - • RESOLUTION NO . _ SERIES OF 2000 • • -... •, A RESOLUTION REAPPOINTING RUTH HANSEN TO CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD , COLORADO . .. WHEREAS, Ruth Hansen is a current member of the Englewood Code Enforcement Advisory Committee ; and WHEREAS, Ruth Hansen's term expired October 1, 1999 ; and WHEREAS, Ruth Hansen has applied for reappointment to the Englewood Code Enforcement Advisory Committee, for another term; and WHEREAS, the Englewood City Council desires to reappoint Ruth Hansen to the Englewood Code Enforcement Committee for another term : NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , THAT : Sectjon 1. Ruth Hansen is hereby reappointed to the Code Enforcement Advisory Committee for the City of Englewood . Colorado. Ruth Hansen's term will be effective immediately with term expiring October 1, 2001. ADOPTED AND APPROVED this 7th day of February, 2000 . Thomas J . Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood , Colorado , hereby certify the above is a true copy of Resolution No.~ Series of 2000. Loucnshia A. Ellis .. . ~-.. ..: Be viii I • 0 - • • • RESOLUTION NO . ff SERIES OF 2000 • --• • - .. .. A RESOLUTION APPOINTING KENNETH J . HARALDSEN TO THE URBAN RENEWAL AUTHORITY FOR THE CITY OF ENGLEWOOD , COLORADO . WHEREAS, there is a vacancy in the Englewood Urban Renewal Authority; and Ken Haraldsen has applied to serve as a member of the Englewood Urban Renewal Authonty ; and WHEREAS , the Mayor with the approval of the Englewood City Council deEl.l'e s to appoint Ken Haraldsen to the Englewood Urban Renewal Authority : NOW , THEREfo'ORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , THAT : Sectjpn 1. Ken Haraldsen is hereby appointed to the Englewood Urban Renewal Authority. Ken Haraldsen's term will be effective immediately and will expire February 5. 2002 . ADOPTED AND APPROVED this 7th day of February, 2000 . Thomas J . Burns. :'vl ayor A'ITEST: Loucrishia A. Ellis, City Clerk I. Loucrishia A. Ellis , City Clerk for the City of Englewood , Colorado . hereby certify the above is a true copy of Resolution No._, Series of 2000. Loucrishia A. Ellis ... .. .. '. . ' 8cix I • 0 3 xi - • • • / RESOLUTION NO . p SERIES OF 2000 • • -.. A RESOLUTION REAPPOJ;'JTJNG JIM HIGDAY TO THE WATER AND SEWER BOARD FOR THE CITY OF ENGLEWOOD , COLORADO . .. WHEREAS , Jim Higday is a current member of the Englewood Water and Sewer Boa rd : and WHEREAS , Jim H.igday 's current term expired February l. 2000 ; a nd WHEREAS , Jim Higday has applied for rea ppointment to the Englewoo d Water a nd Sewer Board; and WHEREAS , the Englewood City Council de sire s to reapp oin t Jim H igd ay to the Englewood Water and Sewer Board; NOW , THEREFORE , BE IT RESOLVED BY THE CITY c o u r,.;c 1L OF THE CITY O F ENGLEWOOD , COLORADO , THAT : Sectjon 1. Jim Higday is hereby reappointed to Engle wood Water a n d Se wer Boa rd . Jim Higday's term will be effective immediately a nd w1U expire Fe brua r y l. 2006. ADOPTED AND APPROVED this 7"' da y of Fe brua ry , 2000 . Thomas J . Burns , Mayor ATTEST: Loucrishia A. Ellis , City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood , Colorado, h ereby ce rtify the above is a true cop y of Resolution No ._, Series of 2000 . Loucri shia A. Ellis • ., . ' Sex I • 0 I o- • • RESOLUTION N01 {;__ SERIES OF 2000 .. ~ .. ·, .. ~ --• • -.. A RESOLUTION REAPPOINTING NORMA HOLMBERG TO THE ELECTION COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS , Norma Holmberg is a current member of the Englewood Election Commission; and WHEREAS , Norma Holmberg's term expired February 1, 2000 ; and .. WHEREAS. Norma Holmberg has applied for reappointment to the Englewood Election Commission for another term; and WHEREAS , the Englewood City Council desires to reappoint Norma Holmberg t o the Englewood Election Commission for another term ; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , THAT : Section l. Norma Holmberg is hereby reappointed to the Election Commission for the City of Englewood , Colorado. Norma Holm berg's term will be effective immediately and will expire February 1. 2004 . ADOPTED AND APPROVED this 7th day of February, 2000 . Thomas J . Burns, Mayor ATIEST: Loucrishia A. Ellis. City Clerk I, Loucrishia A. Ellis , City Clerk for the City of Englewood , Colorado , hereby certify the above is a true copy of Resolution No._, Series of 2000 . Loucrishia A. Ellis .. . ... '· ..: .. , ' .. • 8cxi ) I • 0 32X J- • RESOLUTION NO . JJ SERIES OF 2000 : .. .. -• • -... A RESOLUTION APPOINTING TARA HOLMES AS A YOUTH MEMBER OF THE PARKS AND RECREATION COMMISSION FOR THE CITY OF ENGLEWOOD , COLORADO . .. ... ' WHEREAS , the Parks and Recreation Commission consists of nine members. tw o of whom are to be under the age of eighteen years when appointed ; and WHEREAS , the Ci ty Counci l de s ires to appoint a youth member to fill the vaca n cy on t he Parks and Recreation Comm ission for the term expiring June 1, 2000 ; a nd WHEREAS. Tara Holmes meets the requirements set forth by C ity Co uncil fo r appointment to the Parks a nd Re cr e ation Co mm iss ion; NOW, THEREFORE , BE IT RESOLVED BY THE CITY CO UNCIL OF THE CITY OF ENGLEWOOD , COLORADO , THAT : Sectjqn 1. Tara Holmes is he reby appointed a s a youth member to the Pa rks a nd Recreation Commission. Tara Holmes" term will be effective immediately and will expire June 1, 2000. ADOPTED AND APPROVED this 7th day of February, 2000. Thomas J . Burns. Mayor ATTEST: Loucrishia A. Ellis , City Clerk I. Loucrishia A. Ellis, City Clerk for the City of Englewood , Colorado, here by certify the above is a true cop y of Resolution No .~ Series of 2000 . Loucris hia A. Ellis ·-.· ., .• . ' 8 C xii I • 0 32X - • • RESOLUTION NO . i_ SERIES OF 2000 ---• • - • .. .. A RESOLUTION APPOINTING J . WILLIAM (BILL) McCAHILL TO THE CLEAN . GREEN AND PROUD COMMISSION FOR THE CITY OF ENGLEWOOD , COLORADO . WHEREAS, there is a vacancy in the Englewood Clean, Green and Proud Commission ; and WHEREAS, Bill McCahill has applied to serve as a member cf the Englewood Clean. Green and Proud Commission; and WHEREAS , the Englewood City Council desires to appoint Bill McCahill to the Englewood Clean. Green and Proud Commission: NOW , THEREFORE , BE IT RESOLVED BY THE CITY COUNC IL OF THE CITY OF ENGLEWOOD , COLORADO , THAT : Sectjon 1. Bill McCahill is hereby appointed to the Englewood Clean , Green and Proud Commission. Bill McCahill's term will be effective unmediately a nd will expire December 10 , 2002 . ADOPTED AND APPROVED this 7th day of January, 2000 . Thomas J . Burns. Mayor ATTEST : Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis , City Clerk for the City of Englewood , Co lorado , here by ce rtify the above is a true copy of Resolution No._, Series of 2000 . Loucrishia A. Ellis . ... ,. ~ --• I .. aclCffi I • 0 32X - • • • RESOLUTION NO. SERIES OF 2000 I• ~ ,,.-- • • -' A RESOLUTION APPOINTING J. WILLIAM (BILL) McCAHILL TO THE CODE ENFORCEMENT ADVISORY COMMITI'EE FOR THE CITY OF ENGLEWOOD . COLORADO . .. WHEREAS, the Englewood Code Enforcement Advisory Committee was established by the Englewood City Council with the passage of Ordinance No . 71 , Series of 1!)97: and WHEREAS , Bill McCahill has applied to serve as a member of the Englewood Code Enforcement Advisory Committee ; and WHEREAS , the Englewood City Council desires to appoint Bill McCahill to the Englewood Code Enforcement Advisory Committee ; NOW , THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD . COLORADO. THAT : Sectjon 1. Bill McCahill is hereby appointed to the Englewood Code Enforce me nt Advisory Committee . Bill McCahill's term will be effective immediately and will expire October l , 200 l. ADOPTED AND APPROVED this 7th day of February, 2000. Thomas J. Burns, Mayor ATTEST : Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis, City Clerk for the City of Englewood , Colorado, hereby certify the above is a true copy of Resolution No .~ Series of 2000 . Loucrishia A. Ellis , . ... ' .. 8 C xiv I • 0 - RESOLUTION NO .~ SERIES OF 2000 •.: • • • -.. A RESOLUTION APPOINTING JANET MOORE TO THE CULTURAL ARTS COMMISSION FOR THE CITY OF ENGLEWOOD , COLORADO . .. WHEREAS . the Englewood Cultural Arts Commission was established by the Englewood City Council with the passage of Ordinance No . 5, Series of 1996; and WHEREAS , Janet Moore has applied to serve as a member of the Englewood Cultural Arts Commi88ion; and WHEREAS , the Englewood City Council desires to appoint Janet Moore to the Englew oo d Cultural Arts Commi88ion : NOW , THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , THAT : Section 1. Janet Moore is hereby appointed to the Englewood Cultural Arts Commission. Janet Moore 's term will be effective immediately and will expire July 1. 2000. ADOPTED AND APPROVED this 7th day of February. 2000 . Thomas J . Burns, Mayor ATTEST : Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis , City Clerk for the City of Englewood . Colorado , hereby certify the above is a true copy of Resolution No.~ Series of 2000. Loucrishia A. Ellis '~ .. .. , I 8CXV I • • - • • RESOLUTION NO . SERIES OF 2000 ,. . . . ., .. • _. • • -' A RESOLUTION REAPPOINTING EUGENE OTIS TO THE WATER AND SEWER BOARD FOR THE CITY OF ENGLEWOOD , COLO RADO . .. ' ' WHEREAS , Eugene Otis is a current member of the Englewood Water and Sewer Board : and WHEREAS , Eugene Otis' current term expired February I . 2000 ; and WHEREAS, Eugene Otis has applied for reappointme n t to the Englewood Water a nd Sewer Board; and WHEREAS, the Englewood City Council desires to reappoint Eugene Otis to the Englewood Water and Sewer Board: NOW , THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , CO LORADO , THAT : Section ). Eugene Otis is hereby reappointed to Englewood Water and Sewer Boa rd . Eugene Otis' term will be effective immediately and will expire Fe bruary 1, 2006 . ADOPTED AND APPROVED this 7•b day of February, 2000. Thomas J. Burns . Mayor ATTEST: Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis, City Clerk for the City of Englewood , Colorado, hereby certify the above is a true copy of Resolution No ._, Series of 2000 . Loucrishia A . Ellis ., .. • I Be xvi I • 0 - • • RESOLUTION NO . SERIES OF 2000 ~ --• • - .. .. •, A RESOLUTION REAPPOINTING ROBIN OTTOSON TO THE PUBLIC LIBRARY BOARD FOR THE CITY OF ENGLEWOOD , COLORADO . WHEREAS, Robin Ottoson is a current member of the Englewood Public Library Board : and WHEREAS , Robin Ottoson's current term expired February 1. 2000 ; and WHEREAS, Robin Ottoson has applied for reappointment to the Englewood Public Library Board for another term: and WHEREAS, the Englewood City Council desires to reappoint Robi n Ottoson to the Englewood Public Library Board for another term ; NOW , THEREFORE , BE IT RESOLVED BY THE CITY CO NCIL OF THE CITY OF ENGLEWOOD . COLORADO, THAT: Sectjpn 1. Robin Ottoson is hereby reappointed to Englewood Public Library Board . Robin Ottoson's term will be effective immediately and will expire Fe bruary l , 2004. ADOPTED AND APPROVED this 7th day of February, 2000 . Thomas J . Burns , Mayor ATTEST: Loucrishia A. Ellis , City Clerk I , Loucrishia A. Ellis, City Clerk for the City of Englewood , Colo r ado , hereby certify the above is a true copy of Resolution No ._, Series of 2000 . Loucrishia A. Ellis ... ,• '\ ' . ., • 8 C xvii I • 0 - RESOLUTION NO . rj!;; SERIES OF 2000 • • - .. .. A RESOLUTION REAPPOINTING CHRISTOPHER RANSICK TO THE PUBLIC LIBRARY BOARD FOR THE CITY OF ENGLEWOOD , COLORADO . WHEREAS, Christopher Ransick is a current member of the Englewood Public Library Board; and WHEREAS, Christopher Ransick's current term expired February 1, 2000 ; and WHEREAS, Christopher Ransick has applied for reappointment to the Englewood Public Library Board for another term : and WHEREAS , the Englewood City Council desires to reappoint Christopher Ransick to the Englewood Public Library Board for another term: NOW , THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , THAT : Section 1. Christopher Ransick is hereby reappointed to Englewood Public Library Board. Christopher Ransick 's term will be effective immediately and will expire February I , 2004 . ADOPTED AND APPROVED this 7th day of February, 2000 . Thomas J . Burns , Mayor ATTEST: Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis, City Clerk for the City of Englewood , Colorado , hereby certify the above is a true copy of Resolution No._, Series of 2000. Loucrishia A. Ellis .. ,. I • 0 - • RESOLUTION NO.,./ l SERIES OF 2000 9-- t-.. -~ .. • ,,.- • • • .. A RESOLUTION REAPPOINTING DOUGLAS E . RININGER TO THE PLANNING AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD . COLORADO . .. WHEREAS, Doug Rininger is a current member of the Englewood Planning and Zoning Commission; and WHEREAS , Doug Rininger's current term expired February l. 2000 ; and WHEREAS. Doug Rininger has applied for reappointment to the Englewood Planning and Zoning Commission; and WHEREAS . the Englewood City Council desires to reappoint Doug Rininger to the Englewood Planning and Zorung Commission for another term ; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , THAT : Sectjon I. Doug Rininger is hereby reappointed to the Englewood Planning and Zorung Commission. Doug Rininger's term will be effective immediately and will exprre February 1, 2004 . ADOPTED AND APPROVED this 7th day of February, 2000 . Thomas J . Burns . Mayor ATIEST: Loucrishia A. Ellis , City Clerk I , Loucrishia A. Ellis , City Clerk for the City of Englewood , Colorado, hereby certify the above is a true copy of Resolution No ._, Series of 2000. Loucrislua A. Ellis ' • ,.. .. . , I • 0 32 I - RESOLUTION NO.' SERIES OF 2000 ., .•... • --• • - .. .. A RESOLUTION REAPPOINTING DONALD ROTH TO CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD . COLORADO . .. WHEREAS. Don Roth is a current member of the Englewood Code Enforcement AdV1sory Committee; and WHEREAS, Don Roth's term expired October 1, 1999 ; and WHEREAS, Don Roth has applied for reappointment to the Englewood Code Enforcement Advisory Committee, for another term ; and WHEREAS, the Englewood City Council desires to reappoint Don Roth to the Englewood Code Enforcement Committee for another term ; NOW , THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , THAT: Sectjon 1. Don Roth is hereby reappointed to the Code Enforcement Advisory Committee for the City of Englewood , Colorado. Don Roth's term will be effective immediately with term expiring October 1, 2001. ADOPTED AND APPROVED this 7th day of February, 2000 . Thomas J . Burns, Mayor ATTEST: Loucrishia A. Ellis , City Clerk I, Loucrishia A. Ellis , City Clerk for the City of Englewood , Colorado, hereby certify the above is a true copy of Resolution No._, Series of 2000 . Loucrishia A. Ellis • ,. " , . .., ~ • 8 C )'JI I • 0 32X \ - • RESOLUTION NO . 'Y SERIES OF 2000 • ,.,- • • - .. ' A RESOLUTION APPOINTING GREGORY SAUTER TO THE PLANNING AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD , COLORADO . ... WHEREAS, there is a vacancy on the Englewood Planning and Zoning Commission; and WHEREAS , Greg Sauter has applied to serve as a member of the Englewood Planning and Zoning Commission; and WHEREAS, the Englewood City Council desires to appomt Greg Sauter to the Englewood Planning and Zoning Commission; NOW , THEREFORE, BE IT RESOLVED BY THE CITY CO UNCIL OF THE CITY OF ENGLEWOOD, COLORADO , THAT : Sectjon l. Greg Sauter is hereby appointed to the Englewood Planning and Zonmg Commission. Greg Sauter's term will be effective immediately and shall expire February 1, 2004 . ADOPTED AND APPROVED this 7th day of February, 2000. Thomas J. Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I. Loucrishia A. Ellis , City Clerk for the City of Englewood , Colorado , hereby certify the above is a true copy of Resolution No ._, Series of 2000. Loucrishia A. Ellis ' . ,.. .. . ' ~ • . t 8 C JOii I • C, 32X - • • • RESOLUTION NO . _ SERIES OF 2000 I ~ ...... • .,. .. • ,,-·· • • -.. ... ' A RESOLUTION REAPPOINTING DONALD D. SEYMOUR TO THE BOARD OF ADJ USTMENT AND APPEALS FOR THE CITY OF ENGLEWOOD , COLORADO . .. WHEREAS . Donald Seymour is a current member of the Englewood Board of Adjustment and Appeals : and WHEREAS , Donald Seymour's term expU'ed February l. 2000: and WHEREAS , Donald Seymour has applied. for reappointment to the Englewood Board of Adjustment and Appeals for another term: and WHEREAS , the Englewood City Council desU"es to reappoint Donald Seymour to the Englewood Board of Adjustment and Appeals for another term ; NOW , THEREFORE . BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO . THAT : Sectjon 1 Donald Seymour is hereby reappointed to the Board of Adjustment and Appeals for the City of Englewood. Colo rado. Donald Seymour's term will be effective immediately with term expiring February 1, 2004. ADOPTED AND APPROVED this 7th day of February, 2000 . Thomas J . Bums, Mayor ATTEST: Loucrishia A. Ellis , City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood , Colorado, hereby certify the above is a true copy of Resolution No .~ Series of 2000 . Loucrishia A. Ellis ' . ., .. 8 C JOCli I • 0 32.X: - • RESOLUTION NO . i SERIES OF 2000 , . .. ~ --• • -... A RESOLUTION REAPPOINTING JOHN W. SMITH III TO THE BOARD OF ADJUSTMENT A.,.\fD APPEALS FOR THE CITY OF ENGLEWOOD , COLORADO . .. WHEREAS, John Smith is a current member of the Englewood Board of Adjustment and Appeals; and WHEREAS , John Smith's term expired February l , 2000; a nd WHEREAS , John Smith has applied for reappointment to the Englewood Board of Adjustment and Appeals for another term ; and WHEREAS, the Englewood City Council desires to reappoint John Smith to the Englewood Board of Adjustment and Appeals for another term : NOW , THEREFORE , BE IT RESOLVED BY THE CITY COUNC IL OF THE CITY OF ENGLEWOOD, COLORADO , THAT : Sectjon l John Smith is hereby reappointed to the Board of Adjus tm e nt a nd Appeals for the City of Englewood , Colorado. John Smith's term will be effective 1mmed1ately with term expiring February l , 2004 . ADOPTED AND APPROVED this 7th day of February, 2000 . Thomas J . Burns , Mayor ATTEST: Loucrishia A. Ellis , City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood , Colorado , hereby certify the above is a true copy of Resolution No ._, Series of 2000 . Loucrishia A. Ellis '·. .. ..: . { 8 c JOCIII I • 0 3 • • RESOLUTION NO. __J...(), SERIES OF 2000 ' I --• • - A RESOLUTION REAPPOINTING DAVID WEBER TO THE PL.\NNING AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD. COLORADO . WHEREAS , David Weber 1s a current member of the Englewood Planning and Zoning Commission; and WHEREAS , David Weber's current term expired February l. 2000 ; and WHEREAS , David Webe r ha a pplied for reappointment to the Englewood Planning and Zoning Commission ; and WHEREAS . the Englewood City Co uncil desires to reappoint David We be r to the Englewood Planning and Zorung Co mmission for another term : NOW . THEREFORE . BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , THAT : Sect1on 1. David Weber is hereby reappointed to the Englewood Planrung a nd Zonmg CommiBBion. David Weber's term will be effective immediately and will expire February l , 2004 . ADOPTED AND APPROVED this ith day of February, 2000 . Thomas J . Burns, Mayor ATTEST : Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado , hereby certify the above is a true copy of Resolution No._, Series of 2000. Loucrishia A. Ellis 8 C JOCiv I • 0 - • • RESOLUTION Nt.1{!_) SERIES OF 2000 ··~. • • .. • - A RESOLUTION REAPPOINTING BERVETTE WILLIAMS TO THE PUBLIC LIBRARY BOARD FOR THE CITY OF ENGLEWOOD , COLORADO . WHEREAS , Bervette Williams is a current member of the Englewood Public Library Board : and WHEREAS , Bervette Williams' current term expired February 1. 2000 : and WHEREAS , Bervette Williams has applied for reappointment to the Englewood Publi c Library Board for another term ; and WHEREAS , the Englewood City Council desires to reappoint Bervette William s to the Englewood Public Library Board for anothe.r term ; NOW , THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO . THAT: Secuon 1. Bervette Williams is hereby reappointed to Englewood Public Library Board. Bervette Williams' term will be effective immediately and will expire Fe bruary I , 2004 . ADOPTED AND APPROVED this 7th day of February, 2000 . Thomas J . Burns, Mayor ATTEST: Loucrishia A. Ellis , City Clerk I , Loucrishia A. Ellis, City Clerk for the City of Englewood , Colorado. hereby certify the above is a true copy of Resolution No ._, Series of 2000 . Loucrishia A. Ellis ' 9 ., .. .. • I acxxv I • 0 32xl - • RESOLUTION . ~ SERIES OF 2~<J'"i:)\- • • - .. A RESOLUTION APPOINTING JAMES K. WOODWARD TO THE PARKS AND RECREATION COMMISSION FOR THE CITY OF ENGLEWOOD . COLORADO. .. WHEREAS, there is a vacancy m the Englewood Parks and Recreation Commission ; and WHEREAS, Jim Woodward has applied t-0 sen·e as a member of the Englewood Parks and Recreation Commission ; and WHEREAS, the Englewood City Council desires to appomt Jim Woodward to the Englewood Parks and Recreation Commission ; NOW , THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , THAT : Sectjon 1. Jim Woodward is hereby appointed to the Englewood Parks and Rec reation Commission effective immediately with term exprrmg February l. 2004 . ADOPTED AND APPROVED this 7th day of February, 2000 . Thomas J . Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis, City Clerk for the City of Englewood , Colorado , hereby certify the above is a true copy of Resolution No.~ Series of 2000 . Loucrishia A. Ellis •,. .. . ..._ • I 8 C lOM I • • 3 - • RESOLUTION NO . SERIES OF 2000 l• • • - .. .. A RESOLUTION APPOINTING JAMES K. WOODWARD TO THE URBAN RENEWAL AUTHORITY FOR THE CITY OF ENGLEWOOD. COLORADO. WHEREAS, there is a vacancy m the Englewood Urban Renewal Authority: and Jim Woodward has applied to serve as a member of the Englewood Urban Renewal Authority; and WHEREAS, the Mayor with the approval of the Englewood City Council de s ires to appoint Jim Woodward to the Englewood Urban Renewal Authority: NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , THAT: Sectjon 1. Jim Woodward is hereby appointed to the Englewood Urban Re newal Authority . Jim Woodward's term will be effective immediately and will expire Fe bruary 5. 2002. ADOPTED AND APPROVED this 7th day of February, 2000 . Thomas J . Bums. ~ayo r ATTEST: Loucrishia A. Ellis, City Clerk I. Loucrishia A. Ellis, City Clerk for the City of Englewood , Colorado. hereby certify the above is a true copy of Resolution No._, Series of 2000 . Lou.crislua A. Ellis ... .~ ., .. • I 8 C xxvii I • 0 32X - • • l \....) • .. ~ -• ... ... .. • -.. ~ ' Metropolitan Mayors and Commissioners Youth Award Englewood Recognition February 7, 2000 TOM: This evening, we are pleased to be honoring sixteen young people who have been nominated for the 1999/2000 Metropolitan Mayors and Commissioners Youth Award . This program recognizes young people who have overcome difficult situations in their lives and risen to the challenges of adversity. The young people we 're honoring this evening have been through hardships most of us can't even imagine --alcohol and drug abuse battles, abusive and dysfunctional family situations , debilitating illnesses and medical conditions, the tragic deaths of close friends and family members, gang affiliations, and flight from a war-tom country . These nominees have taken control of their lives, turning their adversity to advantage. They have made a difference in their own lives and the lives of those around them . Their strength and determination are an inspiration to us all. We will be honoring each Metropolitan Mayors and Commissioners Youth Award nominee with a certificate expressing our admiration and some other items we hope they will find useful. Our Mayor Pro Tem, Bev Bradshaw, who serves on the Board of Managers for the Metropolitan Mayors and Commissioners Youth Award, will help me hand out the awards. After our official recognition, we will break for a brief reception to visit with our nominees. BEV: 1. Our first nominee is Samantha E. Council, a student at Colorado's Finest Alternative High School. 2. Jennifer Dickey. Jenny is also a student at Colorado's Finest Alternative High School. 3. Sarah Doss . Sarah also attends Colorado's Finest Alternative High School. • . ">, . ' I· 0 32X - -. .. • -• ,., .... ·.~· -.. .......... • -' 4 . Stephen (STEFFEN) Gonzales . Stephen is a student at Humanex Academy . 5. Raymond Hathaway. Ray attends Colorado's Finest Alternative High School. 6. Jared King . Jared is a student at Humanex Academy. 7. Rebecca MacQueen. Rebecca also attends Humanex Academy. 8. Kimber1y Ramsey. Kim attends Colorado's Finest Alternative High School. 9. Tanja (TANYA) Ristic (REESTISH). Tanja is a student at Englewood High School. 10. Desiree Ruelas (ROOELLAS). Desiree attends Colorado's Finest Alternative High School. 11. Thomas Skaja (SKTYA). Tommy graduated last year from high school. He is currently serving in the Navy. Tommy is unable to be here tonight, so his sister Sara is here to accept his award . 12. Andrea Smith. Andrea is a student at Sinclair Middle School. 13. Christene Strecker. Christene attends Colorado's Finest Alternative High School. 14. Robert J. Toscano. Rob also attends Colorado's Finest Alternative High School. 15. Zoe (ZOEY)Williams. Zoe is a student at Sinclair Middle School. 16. Tobin Woodlee. Tobin goes to Colorado's Finest Alternative High School. TOM: We'd like to offer a special thanks to the Gothic Theatre for its support of this important program . Thanks, too, to the Englewood Parks and Recreation Department. And, finally, thanks to all of you for joining us this evening to honor these very special young people. Let's give them all a big round of applause. -2- . ' ~ ' .. I . 0 • • ORDINANCE NO . SERIES OF 2000 • ~ ,,,-·· • ... • - BY A "THORITY A BILL FOR .. COU;s!C IL BILL ::-JO . 5 INTROD CC ED BY CO "N C IL MEl\IBER _______ _ AN ORDINAJ."ICE AUTHORIZING THE DELEGATJO. r TO THE CITY AKD COt;:\'TY OF DENVER, COLORADO OF THE AUTHORITY OF THE CITY OF E NG LEW OOD . COLORADO WITH RESPECT TO THE ISS UANC E OF SINGLE F.-n!ILY HOME MORTGAGE REVENUE BONDS (THE .. BONDS") TO FINAN CE RESIDENTUL HOUSING FACILITIES FOR LOW AND '.\1IDDLE INCOME PERSONS AND FAMILIES WITHIN THE CITY OF ENGLEWOOD , COLORADO AND C ERTA1N OTHER CITIES AND COUNTIES IN THE STATE OF COLORADO : APPROVING SUCH BONDS Al\TJ) A SINGLE FAMILY MORTGAGE LOAN PROGR.J\l\1 : AN D AUTHORIZING THE EXECUTIO N AND DELIVERY OF A DELEGATION AGREEMENT AND OTHER DO CUM ENTS IN CONNECTION THEREWITH. WHEREAS, the City of Englewoo d , Colorado (the .. City''}, a nd t he City a nd County of Denver, Co lorado (the ·'Iss uer"). are each authorized by the Co unty and Murucipality Development Revenue Bond Act. con stituting article 3 of title 29. Co lor a do Revised Statutes, as amended (the "Act "}, to fin a nce projects as defined in the Act, including residential housing facilitie s for low and middle income perso ns and families : and WHEREAS , Section 29-3-104(2) of the Act provid es that a county or municipality may delegate by resolution or ordinance, as the case may be , to any other county or municipality authority to act on it s be half in the fin a ncing of projects under the Act and that any s uch de legat10n may be general or limited m sco pe a nd time and may be irrevocable for the term or te rm s of a n y financing a greement or bond issue, a ll as provided in such re so lution or ordina nc e : a nd WHEREAS, the Issuer proposes to issue single famil y home mortgage r e ,·e nue bonds pursuant to the Act (the "Bonds .. ) to finance residenti a l housing facilities for low and middle inco me pe r so ns and families witlun the City a nd othe r ci ti es and co unties in the State of Colorado (the "Single Family .\1ortgage Loa n Program·'); a nd WHEREAS , the City desires to de legate to the Issuer the a uthority of the Ci t y t o finance and otherwise t a ke ac ti on a nd exercise pow e r unde r t he Act on behalf of the City with r espec t to the Si ngl e Family Mortgage Loan Prog r a m within the City; a nd WHEREAS . it is necessary to evi den ce s u ch delegation by the e xec ution a nd delivery by the City of a Delegation Agreement (the "De legation Agreeme nt") betwee n the City and the Iss uer in s ubsta ntially the form presented a t this meeti ng ; NOW. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO. AS FOLLOWS : Sectjon ) . In order to facilitate the origination of s mgle family mortgage loans withm the boundaries of the City as part of the S ingle Fa mily Mortgage Loan Progra m , the City he r e by (i) delegates to the Issue r the a uthority of the City to finance • ' . . ' I • 0 - • .. • -• I• .. .. • -" " and otherwise take action and exercise power under the Act on behalf of the City with respect to the Single Family Mortgage Loan Program within the City and (ii) approves . and authorizes and directs the Mayor of the City to sign and deliver and the City Clerk to attest and deliver the Delegation Agreement in substantially the form presented a t this meeting. A copy of the proposed Delegation Agreement is on file m the offi ce of the City Clerk and is available for inspection by the public. Sectjon 2. The Council hereby approves the Bonds and the Single Fa mily Mortgage Loan Program for purposes of Section 147(1) of the Internal Revenue Code of 1986 , as amended. Section 3. The Mayor of the City is hereby authorized and directed to execute and deliver and the City Clerk 1s hereby authorized and directed to attest and deliver s uch other agreements and certificates and to take such other actions as may be nece ssary or convenient to carry out and give effect to the Delegation Agreement and tJu s Ordinance, mcluding any agreement or certificate approving the Bonds or the Smgle Family Mortgage Loan Program for purposes of Section 147(1) of the Internal Revenue Code of 1986. as amended . Section 4. Nothing contained in this Ordinance or the Delegation Agreement s hall constitute a de bt, mdebtedness or multiple-fiscal year direct or indirect debt or other finanoal obligation of the City within the meaning of the Constitution or statutes of the State of Colo r ado or the home rule charter of any political subdivision thereof. nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers. Section 5. If any Section, paragraph, clause or provision of tJus Ordinance s hall for any reason be held to be invalid or unenforceable , the invalidity or unenforceabihty of any such section. paragraph, clause or provision shall not affect any of the remammg provisions of this Ordinance. Introduced, read in full, and passed on first reading on the 17th day of January. 2000 . Published as a Bill for an Ordinance on the 21st day of January, 2000. ATTEST: Thomas J . Burns, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full. and passed on first reading on the 17th day January, 2000. Loucrishia A. Ellis ' . • ~ ~ . ' I • 0 . ., - CORRECTION n!:'1. ICFCF'L \ E:; ,C ~SS/...FE L=C,EILITY ,.l.,/C ITS ,.i ,.l.GE ,.l.P ~..J.FS /.\ ,\] [;/,),Tc:..'( f-fEi,_,.l.FTc,::;, I • • • ORDI NANC E NO ._ SERIES OF 2000 . . .. ~ .,... . • • - BY A TH ORITY A BILL FOR ' COUNC IL BILL :'>1 0 . 5 I NTR ODUC ED BY CO NC IL MEMBER ______ _ AN ORDI NAN C E AUTHORIZI NG THE DELEGATIO N TO TH E CITY AND CO{.;l\T Y OF DENVER, COLORADO O F THE A{.;TH O RITY OF THE CITY OF E NG LEW OO D. COLORADO WITH RESPE CT TO THE ISSt..:A'.'i CE O F S I NG LE FAMILY H OME MORTGAGE REVE NU E BO NDS (T HE .. BO NDS'') TO FI NANC E RE S IDE NTIAL HOU SI NG FACILITIES FOR LOW A:'>ID MIDDLE I NC OME PERS O NS A N D FAMILIES WITHI N THE CITY OF E '.'iG LEWOOD . CO LORADO AND C ERTAI N OTHER CITIES AN D CO{.;'.'lT!E S I~ T HE S TATE O F COLORAD O: APPROVl:'>I G S UC H BONDS AND A Sl :'/G LE FA.\IJLY :\I O RT GAG E LO AN PR OG RA.'VI : AND A UTHORIZING THE EXE CliTI O>: A::-.ID DELIVERY OF A DELE GATIO N AGREEMENT AND OTHER DOCL':\IE~TS I N CO NNE CTIO N THEREWlTH . WHEREAS . the City of E n glewood , Colo r ado (the "Ci ty''). a nd t h e City a nd County of Den ve r , Co lor a do (t he .. Iss ue r "). a r e each a ut h onze d by the Co unty a nd :vl u ru c1palny Development Reve nue Bond Act. co nstituti n g a rticle 3 of ti tl e 29. Co lor ado Ren ed Statutes, a s a m e nd ed (the "Act"), to fi n a nce p r ojec t s as defin ed in t he Act . in cl udi n g r esidential hous ing fa c1lit1es fo r lo w a nd middle inco me pe r so ns a nd fa mili e s : a n d WHEREAS . Sec t io n 29-3-104 (2) of t he Act provi d es t h at a co unty or muru cip a lity may de legate by resolut ion or ord ina nce , as t h e case m ay be . to a ny othe r co unty or munici pa lity author ity to act on its beh a lf in the financing of proi ects und e r t he Act a nd tha t a ny s uch delegati on may be ge ne r a l or limited in sco pe a nd ti me a nd m ay be irrevoc able for the te rm or te rm s of a ny finan cing a greem ent or bond iss ue , a ll as provided in s u ch reso lutio n or or din a nce ; a nd WHEREAS , the Iss uer pro poses to issue s ingle famil y home mor tgage reve nue bonds purs uant t o the Ac t (the "Bond s .. ) to finance res ide ntia l hous in g fac1 h t1es for low a nd middle inco me per so n s a nd famili es within the City a nd other citie s a n d co unties in the S ta te of Co lor a do (the "Si ngl e Fa mily :\fortga ge Loa n Progra m''); a nd WH E RE AS , the City de s ires to delegat e to the Issuer the a uthor ity of t he City to fin a n ce a nd othe rw ise t a ke acti on a nd exe r cise powe r under t he Ac t on be h a lf of the City with r es pect to the S in gle Fa m ily Mo rt.gage Loan Progra m within the Ci ty ; a nd WHEREAS , it is necessa r y to evid e nce s uch d elega tion by the exec ution a nd deli ve ry by the City of a Dele ga t io n Agr ee m e nt (the "De legation Ag r ee me n t") be tw ee n t he City and the Iss ue r in s ubs t a ntia ll y the form prese nted a t this meetin g; NOW , THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD. COLORADO, AS FOLLOWS: Sectjon I. In order to fa cilitate the origina tion of s ingle family mortgage loa ns within the bounda ri es of the City as pa rt of the Single Fa mily Mortga ge Loan Prog r a m, the City her e by (1) de lega tes to the Issue r the a uthority of the City to finance I • 0 ] ., • • • .. ~ -· • h ~ ., .. .. • -.. COUNCIL COMMUNICATION Date Agenda Item Subject February 7 , 2000 Bill for an ordinance to assign and transfer to the City and County of Denver the 2000 City of Englewood allocation from the State of IO a I Colorado ce iling for private activ ity bonds to finance residential housing facilit ies for low and m iddle income persons with in the City of Englewood and certain other cit ies and counties in the State of Colorado . Initiated By I Staff Source Citv of Enalewood, Financial Services Oeoartment Frank Grvalewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council passed Ordinance 19. Series of 1999 on final reading on April 9. 1999. City Council discussed going forward with this ordinance at a study session held January 17 , 2000 . RECOMMENDED ACTION City staff recommends City Council approve this bill for an ordinance to assign and transfer to the City and County of Denver the 2000 City of Englewood allocation from the State of Colorado ceiling for private activity bonds to finance residential housing facilities for low and middle income persons within the City of Englewood and certain other cities and counties in the State of Colorado . BACKGROUND , ANALYSIS, AND ALTERNATIVES IDENTIFIED This action assigns the City's allocation of the private activity bonds to the City and County of Denver. The pool of assigned funds are used to help low and middle income persons finance residential housing . FINANCIAL IMPACT This action will not have a material impact on City finances . LIST OF ATTACHMENTS Proposed bill for an ordinance ' .. ,. \ . . • 1 • I • 0 xi - • • • },fl. ·.•' . . -~ • • - .. ... and otherwis e take action and exercise power unde r the Act on behalf of the C ity with respect to the Single Family Mortgage Loan Program within the City and (ii) approves , and authorizes and directs the Mayor of the City to sign and deliver a nd the City Clerk to attest and deliver the Delegation Agreement in s ubs tantially the form presente d a t this meeting. A copy of the proposed Delegation Agre ement is on file in the offi ce of the City Clerk and is available for inspection by the public. Sectjon 2. The Council hereby approves the Bonds and the S ingle F a mily Mortgage Loan Program for purposes of Section 14 7(1) of the Internal Re venue Code of 19 86 , as amended. Sectjon 3 . The Mayor of the City is hereby authorized and directed to execute a nd deliver and the City Clerk is hereby authorized and directed to a ttest a nd deliver s uch other agreements and certificates and to take such other actions a s may be n ecessary or convenient to carry out and give effect to the Delegation Agreement and this Ordinance, including any agreement or certificate approving t h e Bond s or t h e S ingle Family Mortgage Loan Program for purposes of Section 147(1) of t he Inte rna l Reve nue Code of 1986, as amended . Sectjon 4. Nothing contained in this Ordinance or the De legation Agreem e nt s h a ll constitute a debt, indebtednes s or multiple-fiscal ye ar direct or indi r ect de bt or othe r financial obligation of the City within the meaning of t he Co n s titutio n or s tatutes of the State of Colorado or the h ome rule charte r of a ny political s ubdj vi sion the r eof. n or give ris e to a pecuniary liability of the City or a charge agains t its ge n e r a l cr e dit or taxing powers. Sectjon 5 . If any section, paragraph, clause or provision of thjs Ordinance s h a ll fo r any reason be held to be invahd or unenforceable . the inva lidity or une n fo r ceab1li t y of any such section, paragraph. clause or provision shall not affect a ny of t h e re m ai run g provisions of this Ordinance . Introduced, read in full , and pas sed on firs t readmg on the 17th d ay of J a nua ry , 2000 . Published as a Bill for an Ordi nance on the 21st d ay of J a nua ry . 2000. ATTEST: Thom as J . Burns , Mayor Loucrishia A . Ellis, City Clerk I , Loucrishia A . Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full. and passed on first reading on the 17th day January, 2000 . Loucris hia A . Ellis • ., I • 0 3 X • • -• .. ,. • ,. -. ' • -' CERTIFICATE OF THE CITY OF ENGLEWOOD , COLORADO Relating to CITY AND COUNTY OF DEr,.,'VER , COLORADO SINGLE FAMILY HOME MORTGAGE REVENUE BONDS .. (METRO MAYORS CAUCuS SINGLE FAMILY MORTGAGE BOl'sTI PROGRAM) SERIES 2000 The undersigned Mayor and City Clerk of the City of Englewood. Co lora d o her eby certify that: 1. Ordinance. Attached hereto 1s a true and correct co py of a n Ordinance of the City Council of the City of Englewood . Colorado (the ·'Co uncil") tha t wa s adopted by the Council in accordance with applicable law on the date indicated therein (the ·'Ordinance''). All meetings of the Co uncil at which action relating to the Ordinance wer e take n we r e properly noticed in the manner and at the ttmes r equired by law . we re open a t a ll times to the general public and we re a ttended by a quorum of the Council. The Ordinance ha bee n 1gn ed. a ttested . sealed a nd made a perm a nent part of the records of the Council m accordance with applicable law : is m full force and effect: and has not bee n amended . modified or repealed sm ce its adoption . 2 . 3 . Delegation Agreement . Attached hereto is a true and co rrec t co py of a Delegation Agreement dated as of the date indicated therein (the "De leg ati on Agreement") between the City of Englewood, Colorado and the City a nd County of Denver, Colorado (the "Issuer"). The Delegation Agree me nt h as been duly authorized. executed and delivered by the City and . upon due authorizauon . execution and delivery by the Iss uer. will co nstitute a valid and binding obligation of the City, enforceable against the City m acco rd a nce with its terms. Appro,·al of Bonds and Project. A public hearing on behalf of the Council , the City and the Issuer was held in the Office of Pl a nning a nd Development for the City and County of Denve r . Color a d o. At s uch public hearing , all interested perso ns were given an op portunity t o express the ir views, both orally and in writing, on the proposed iss uance of the Bond s and the location and nature of the Single F a mily Mortgage Loan Program. The Council has received a report of the hearing . The Mayor of the City of Englewood , Colorado , as the chief elected executive official of the City of Englewood , Colorado acting as such after s uch public hearing, hereby approves the Bonds and the Single Family Mortgage Loan Program , which approval is intended to comply with the provisions of Section 147(1) of the Internal Revenue Code of 1986 , as amended . IN WITNESS WHEREOF. we have hereunto set our hands this ___ d ay of --------· 2000 . ATTEST: Thomas J . Burns. Mayor Loucrishia A. Elli s . City Clerk • ' . ., . , 0 I • 0 - • .. .. • ... • - DELEGATION AGREEMENT THIS DELEGATION AGREEMENT (this "De legation Agreement") is between CITY OF ENGLEWOOD. COLORADO. a h ome rule municipal corpor ation a nd political subdivision of the State of Colorado (th e ·'City"), and the CITY AND COUNTY OF DENVER, COLORADO . a home rule city, a municipal corporation and a political subdivision of the State of Colorado (the ··Issuer"). RECITALS: WHEREAS , the City and the Issuer are each authorized by the County and Municipality Development Revenue Bond Act, constituting article 3 of title 29. Colorado Revised Statutes. as amended (the "Act'), to finance projects as define d in the Act, including residential hous ing facilities for low-and middle-income person s and families ; and WHEREAS , Section 29-3-104(2) of the Act provides that a county or m umcipabty may delegate by resolution or ordinance. as the case may be . to any othe r co unty or municipality authority to act on its behalf in the financing of proj ects unde r the Act and that any such delegation may be general or limite d in scop e and time a nd m ay be irrevocable for the term or terms of any financing agreement or bond issu e . a ll as provided in such resolution or ordinance; and WHEREAS, the City de sires to de legate to the l s u e r the a uthority of t h e C ity to finance and otherwise take action a nd e xe r cise p ow e r und r the Act on behalf of t h e City with respect to the Single Family :Vl ortgage Loan Program withm the City . NOW THEREFORE . m consideration of the mutual co"e n a nts a nd unde rt a lungs set forth herein . the C ity and the Issue r hereby agree as follows : Sectjon l. The City he reby delegate t o the Issu er the a uthority of the City t o finance and otherwise take action and exer cise power under the Act on be half of t h e City with respect to the Single Family '.\1ortgage Loan Program within the City. Sectjon 2. The Issuer he reby accepts the delegation of authority from the City pursuant to Section 1 hereo f and agrees to abide b y each of the terms and conditions of this Delegation Agreement in connection with the use of such delegation . The Issuer agrees to make available tc the City no later than June 1, 2000, a portion of the proceeds of the Bonds for the origination of home mortgages within the City's boundaries. IN WITNESS WHEREOF , the City a nd the Iss uer have caused this Delegation Agreement to be executed to be effective as of 2000 . [SEAL] CITY OF ENGLEWOOD , COLORADO ATTEST: Thomas J . Burns, Mayor Loucrishia A . Ellis, City Clerk ' • • f I • 0 I J • • • .. • - /()iii BY AUTHORITY ORDINANCE NO._ SERIES OF 2000 CO 'NCIL BILL NO . 6 INTRODU CED BY COt;:-JCIL MEMBER~~~~~~~ AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE COLORADO DEPARTMENT OF TRANSPORTATION (COOT) AND THE CITY OF ENGLEWOOD PERTAJNING TO A GRANT ESTABLISHING A TRAFFIC ENFORCEMENT PROJECT. WHEREAS , City of Englewood Safety Services Department has applied to the Colorado Department of Transportation (COOT) for a grant to establish a traffic enforcement project; and WHEREAS . the COOT Grant wi.11 es tabli h reso urces whi ch wtU enable the police division to maintain a co mprehensive traffi c e nfo rce me nt project : a nd WHEREAS . the Englewood Poli ce D1ns1on 's primary goal 1s to reduce accidents at the top five accident locatio ns within the 1ty by I 0% ov r the three year period of the intergovernmental agreem ent 'A'llh DOT , and WHEREAS , another goal of this project I to improve the quality of life on the community by effectively addressmg traffic I s ues that co mpromi se safety and disrupt the quality of life: NOW , THEREFORE . BE IT ORDAJ:-IBD BY THE ITY CO 'NCIL OF THE CITY OF ENGLEWOOD , COLORADO . AS FOLLOWS : Section L The City Council of the Ci ty of Englewood . Co lorado hereby authorizes the Intergovernmental Agreement between the Colorado Department of Transportation (C OOT) and the City of Englewood , a copy of which is marked as "Exhibit A" and attached hereto. Sectjon 2. The Director of Safety Services and the City Clerk are hereby authorized to sign and attest said Intergovernmental Agreement on behalf of the City of Englewood. Introduced, read in full. and passed on first reading on the 7th day of February, 2000 . -I - . ------------------iiiiiiil .... • I • 0 • • • • -.. COUNCIL COMMUNICATION Date Agenda Item Subject An ordinance for an February 7, 2000 Intergovernmental Agreement 10 a ii with the Colorado Department of Transportation Initiated By Staff Source Department of Safety Services Tom Vandermee COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council has placed a strong emphasis on public safety in our community . RECOMMENDED ACTION The Department of Safety Services, police Division , is requesting that Council approve an ordinance establishing a contractual agreement between the City and the Colorado Department of Transportation (COOT). The contract provides for grant money to be provided to the Police Division for funding for a uniform police officer . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Contract between the City and COOT establishes resources that will enable the Police Division to maintain a three year comprehensive traffic enforcement project. Two motorcycle officers and one traffic officer assigned to the Impact Team will be responsible for aggressively enforcing those violations that cause accidents and/or disrupt the quality of life of the community. The Police Division's primary goal established in this contract will be to reduce accidents at the top five accident locations within the City by ten percent over the duration of the contract. Another goal of this project is to improve the quality of life of the community by effectively addressing traffic issues that compromise safety and disrupt the quality of life . LIST OF ATTACHMENTS Proposed Bill for an Ordinance • • f ) I· 0 • -• ,. ,,-. • ,. . . .. • • .. DEPARTh1E:--rr OR AGENCY NUMBER: HAA CONTRACT ROUTING NUMBER: 00 HTS 00071 GRANTCONTRACT THIS GRANT CONTRACT. made this __ day of , 2000 by and between the State of Colorado, for the use and benefit of the Department of Transportation. Office of Transportation Safety , 4201 East Arkansas Avenue. Denver. Colorado 80222. hereinafter referred to as the State. and the City of Englewood -Englewood Police Department. 3615 S. Elati Street. Englewood, Colorado 80110. a Governmental not- for-profit entity , hereinafter referred co as .. the Grantee .. or .. the Contractor". WHEREAS. authority exists in the Law and Funds have been budgeted. appropriated and otherwise made available and a suffic ient unencumbered balance thereof remains available for payment in Fund Number 400. Appropriation Code 303. Org . Unit 9809. Contract Encumbrance Number 9711 . GBL Number 21'.!B , FEIN Number 846000583C : and WHEREAS, required approval. clearance and coordination has been accomplished from and with appropriate agencies ; and WHEREAS . the State is authonzed under Sec tions 4 3-5-40 l and :24-42-l 0 3. C.R .S .. as amended. to coordinate with the federal government and o ther entities to deve lop and implement plans and programs involving all aspects and components of traffic safet y in Colorado ; and WHEREAS , pursuant to Title 23 United State s Code . Section s 402 . 408 . and J 10 . and to 23 Code of Federal Regulations . Parts 924 . 1204 and 1205 . the State has re ceived approval and grant funding for implementation of its Fi sc al Year 2000 Highway Safe ty Plan (HSP). from the U.S . Department of Transportation. National Highway Traffic Safety Administration and Federal Highway Administration : and WHEREAS , the HSP contains programs and activi tie s which the State has determined. in ac cordance with applicable criteria. are designed to reduce the frequency and severity of traffic crashes or improve the operational efficiency of existing traffic safety programs in Colorado; and_ , WHEREAS, the State solicits and reviews grant Applications in accordance with applicable grant program criteria and determines which agencies or entities would be most appropriate in completing the objectives, conducting the activities and providing the services required by the HSP; and WHEREAS . the Grantee has submitted a grant Application to conduct certain activities approved in the HSP. which Application has been approved by the State: and WHEREAS. the Grantee has the technical ability to properly complete the objectives and activities of the Application, as described in Attachment A of this Contract: and WHEREAS. it has been determined no State agency can reasonably conduct the activities and provide the services required of the Contractor: and • E ~ I- I E I T . • I I . ., • 0 • • • • • ..• ·I '" .. .. * .... • - Published as a Bill for an Ordinance on the 11th day of February, 2000 . Thomas J. Burns. Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis. City Clerk of the City of Englewood , Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance. introduced . r ead in full , and passed on first reading on the __ day of----------• 2000 . Loucrishia A . Ellis -2- • .,_ ' . ) I • 0 3 ]- • • • .. • • ' t•ot,,, .. ... • -... WHEREAS. selection of contractor was made under a Request For Proposals (RFP) pursuant to the authority in Section 24-103-203, C.R.S . and Procurement Rule 3-203 of the Code of Colorado Regulations regarding competitive sealed proposals ; WHEREAS, this contract is executed by the State under authority of Sections 43-5-401 and 24-42-101, C .R.S ., as amended. and is executed by the Contractor under authorit y of (Corporation: Section 7-22-101, C.R .S ., as amended. together with a copy of the bylaws or articles of incorporation verifying the undersigned has authority to bind the Contractor. and an attestation of the Contractor's signarure by the Corporate Secretary: Partnership: the signarure of the general panner, attested to by another panner; Individual: the notarized signarure of the Contractor); and • WHEREAS. the Contractor warrants it has taken all ne cessary step s to ensure the indi vidual signatory below has the authority to sign this Contract on its behalf. NOW TiiEREFORE. it is hereby agreed as follows : 1. The following Attachments and other documents are incorporat ed as tenns and conditions of this Contrac t.. A . State "Special Provisions " B . Attachment A -Contract Objective and Tasks· Scope of Work ("the Work") C . Office of Transportation Safety Contract Management Manual D . The Project Application The Contractor shall comply with all such terms and condition s in the performance of the Work . 2. If a conflict occurs between the terms and condition s of thi s C ontract proper and the attachments hereto , the priority to be used to resolve such conflict shall be as follows: A. State "Special Provisions" B . This Contract proper C. Attachment A D. Office of Transportation Safety Contract Management Manual E. The Project Application ... 3. The Contractor shall perform the Work (carry out the program, conduct all the activities , and provide the services ) described in the Scope of Work attached hereto as Attachment A . 4 . In the performance of the Work, the Contractor shall comply with all applicable administrative procedures and contract requirements contained in the October I. 1994 Colorado Highway Safety Contract Management Manual . 5 . The Contractor shall submit periodic and final reports to the State according to the requirements of the Contract Manual and the reporting criteria set forth in page 2 of Attachment A . 6 . The Contractor shall comply with the budget for this contract as set forth in page 3 of Attachment A. The Contractor shall be solely responsible for all costs incurred in excess of this budget amount. 2 • • ., ' ' ) I • 0 I • • l '- • .. --· • , .... .. • - 7. The total estimated program costs shall be S 198.200.00_. Subj ect to the conditions of this contract, the State and Contractor shall panicipate in providing this amount as follows: A. State share (federal funds ) shall not exceed B. Contractor share (estimated in-kind services as detailed in application) C. Total estimated program costs $ 64 .800 .00 $133 ,400 .00 $198 .200.00 The State share shall be comprised entirely of federal grant funds made availab le to the State . The State share amount of this Contract shall not be exceeded without benefit of a fully executed wrinen supplemental contract. or other appropriate contract modification tool. executed prior to the in c urrence of costs in excess of that amount. If the acrual total program costs are less than the estimated total program costs, including as a result of the contractor"s failure to supply all of the estimated contractor share . the state's share shall be reduced proponionately. The term "proportionately" mean s the ratio of acrual expenditures to total planned expendirures for both State and contractor shares . The co ntract or may increase the contractor share without further State approval. but this increase sha ll not increase the Stat e share. The Grantee is prepared to provide its match share of the cost. 8. PA YME!'-'T TEIUvfS -COST REIMB URSEMD,"T. Th e State sh all re imburse the Contractor for the satisfactory performance of thi s Contract exclusivel y from fund s made available for this contract under the Highway Saiery Ac t. Title 23. l.1 .S .C. Section 40~. Su ch reimbursement shall be onl y as provided in the Contract Manual . Such reimbur ement hal l be contingent upon the contribution by the Contractor of its panicipaun g hare as pro VJded herein. and shall be contingent upon the continuing availability of federal fund s under the High "·a~ Safety Act , Title 23. U.S .C. Section 402. for the purpo ses here of. A . The State shall reimburse the Grantee ·s rea so nab le . allocable . allo wable co sts of performance. as defined herein. of the Work. not exceeding the maximum to tal amount de sc ribed above . (I ) To be eligible for reimbursement. costs incurred by the Grantee shall be : (a) (b) (c) (d) (e) (f) (2) in accordance with the provision s of Attachment A and with the term s and conditions of this Contract : necessary for accomplishment of the Work: reasonable in amount for the goods or services purchased : acrual net cos! to the Grantee (i .e., the price paid minu s an y refund s. rebates . or other items of value received by the Grantee that have the effect of reducing the c ost actually incurred); incurred for Work performed subsequent to the effective date of rhis Contract; and satisfactorily documented . The Grantee shall establish and maintain a proper accounting system in accordance with generally accepted accounting standards (a separate set of accounts, or as a separate and integral part of its current accounting scheme) to assure that project funds are expended and costs accounted for in a manner consistent with this Contract and project objectives . 3 • • I 0 I • 0 - • • • .. -· • l·#., .. • - (a ) All allowable costs charged to the project, including any approved services contributed by the Grantee or others. shall be supported by properl y executed pa yrolls, time records, invoices. contracts, or vouchers evidencing in detail the nature of the charges . (b) Any check or order drawn up by the Grantee for any item which is or will be chargeable against the project account shall be drawn up onl y in accordance with a properl y signed voucher then on file in the office of the Grantee, which will detail the purpose for which said check or order is drawn. All checks. payrolls. invoices . contracts. vouchers. orders. or other accounting documents shall be clearly identified. readil y accessible , and to the extent feasible. kept separate and apan from all other such document. B. Unless otherwise provided. and where appropriate: ( 1) The State shall establish billing procedures and re imburse the Grantee . based on the submission of monthly statements in the format prescribed by the State . T o be considered fo r payment, billings for payment pursuant to th is contract must be recei ved with in 60 days after the period for which payment is being requested and final billings on the contract mu st be re ceived by the State within 60 days after the end of the contract term . ('.!) Payment s pursuant to thi s contract shall be mad e as earned . in who le or in pan. from available funds encumbered for the purchase of the des cribed erv ices. T he liabil ity of th e State, at an y time. for such payments shall be limited to the amount remain ing of suc h encumbered fund s . (3 ) In the event this contract is tenninated. final pa yment to th e Grant ee ma y be withheld at the discretion of the State until completion of final aud it. (4) Incorrect payments to the Grantee due to omi ss ion . error. fraud . or de fal cat io n shall be recovered from the Grantee by deduction from sub sequent payment unde r th is contract or other contracts between the State and the Grantee . or by the State as a debt du e to the Stat e . (5) The Grantee shall submit requests for reimbursement monthl y. stat ing in the invoice a detailed description of the amounts of servi ces performed. the date s of performance . and amounts and description of reimbursable expenses. (6) The Uniform Administrative Requirements for Grants and C ooperati ve C ontracts lo State and Local Governments (the "Common Rule "), and the applicable 0MB Circulars c ited therein . shall govern the allowability and allocabiliry of cost s under thi s contrac t. (7) Any costs incurred by Grantee that are not allowable under the Common Rule shall be reimbursed by the Grantee, or offset against current obligations due by the State to the Grantee , at the State's election. 9. The term of this Contract shall begin on the effective date and shall tenninate on September 30, 2000. The effective date of this Contract shall be the date the required signature approval of the State Controller is obtained on this Contract. as evidenced by the date first appearing above . Contractor agrees that any contract work performed or costs incurred prior to the effective date shall not be compensated under the terms of this Contract. 10 . The Contractor agrees that any subcontract entered into under this Contract shall meet all applicable state and federal requirements. including the requirements in Title 49 , 4 ., > I • 0 • • • ·• ,. --. • • - C.F .R. Section 18.36 concerning competitive procurements. and must be approved by the Director. Office of Tr~nsportation Safety. prior to execution . Contractor shall not assign this Contract without prior written appro"al of the State : an y assignment without such approval shall be void . 11 . a) Termination Due to Loss of Funding. The parties hereto expressly recognize the Contractor is to be paid . reimbursed. or otherwise compensated solely with federal funds provided to the State for the purpose of contracting for the services provided for herein . Therefore. the Contractor expressly understands and agrees all its rights. demands and claims to compensation arising under this Contract are contingent upon receipt of such funds by the State. In the event such funds or any part thereof are not received by the State. the State may immediately terminate or amend this Contract. b) Terminati on for Cause . If. for any cause. the Contractor shall fail to fulfill in a timely and proper manner its obligations under this Contract, or if the Contractor shall violate any of the covenants. Contracts or stipulations of this Contract. the State shall thereupon have the right to terminate this Contract for cause by giving written noti ce to the Contractor of such termination and specifying the effective date thereof. at le:i.st 30 day s before the effective date of such termination. In that event. all finished or unfini shed document s. data . srudie s. surveys . drawings . map s. models . photographs and reports or oth e r material prepared by the Contractor under this Contract shall . at the o ption of the S1a1 e. become it s propert y. and the C o ntractor shall be entitled to receive j ust and eq uitab le compen sati on for an y satisfacto ry wo rk completed on such documents and o ther mat eria ls. Any prov1 s1on of this contract 10 the contrary notwithstanding. in the event termina11 on of thi s contract be come s neces sary. in the state 's sole discretion , to comply with an y co urt orde r concerning state per anal servi ces c ontracts generally or this contract. speci fi call y. 1h1 s contract may be terminated by the state immediately upon the giving of notice to contract o r without further obligation of the state . c ) Terminati o n for Convenience . The State may terminate this Co ntrac t at any time the State determines the purposes of the distribution of monie s under the Contract would no longer be served by completion of the Project. The State shall effect such termination by giving written notice of termination to the Contractor and specifying the effective date thereof. at least 20 days before the effective date of such termination . 12 . INDEPE. !DE'.','T CONTRACTOR. THE CONTRACTOR SHALL PERFOR,\1 ITS DUTIES HEREUNDER AS A1' INDEPENDEi'ff COl\'TRACTOR AN1) NOT AS AN EMPLOYEE . NEITHER THE CONTRACTOR NOR ANY AGENT OR El'vfPLOYEE OF THE CONTRACTOR SHALL BE. OR SHALL BE DEEMED TO BE. AN AGEl'<'T OR EMPLOYEE OF THE ST A TE. AND THEY SHALL HA VE NO AUTHORIZATION, EXPRESS OR IMPLIED . TO BIND THE STATE TO ANY COl\'TRACTS, SETfLEMEl\'TS. LL.\BILITY. OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN . THE CONTRACTOR SHALL BE RESPONSIBLE TO THE STA TE FOR THE ULTIMATE RES UL TS OF PERFOR,\1ANCE REQUIRED HEREUNDER BUT SHALL NOT BE SUBJECT TO THE DIRECTION AND CONTROL OF THE STA TE AS TO THE MEANS AND METHODS OF ACCOl'vfPLISHING THE RES UL TS . THE SPECIFICATIONS IN THIS CONTRACT OF PARTICULAR PERFORMANCE STANDARDS THE STATE DEEMS ESSENTIAL TO PROPER PERFORMANCE AND CONTRACT VALUE SHALL IN NO EVENT BE DEEMED TO ALTER THIS RELATIONSHIP . CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX WITHHOLDING. INCLUDING ALL FEDERAL AND STATE INCOME TAX ON MONEYS PAID PURSUANT TO THIS 5 I • 0 - • • • .. • ..-·. • .•. • -' GRANT COJ\l"TRACT . THE CONTRACTOR SHALL PROVIDE AND KEEP IN FORCE WORKER'S COMPENSATION (AND SHOW PROOF OF SUCH INSURANCE) AKD UNEMPLOYMENT COMPENSATION INSu"RANCE IN THE AMOUNTS REQUIRED BY LAW, AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE COJ\l"TRACTOR. ITS EMPLOYEES AND AGENTS. THECONT~~CTORACKNOWLEDGESTHAT CONTRACTOR AND ITS EMPLOYEES ARE NOT El','TITLED TO THE BENEms OF WORKER'S COMPENSATION INSURANCE OR UNEMPLOYME'.\IT INSURA.i"lCE UNLESS THE COJ\l"TRACTOR OR A THIRD PARn· PROVIDES SUCH COVERAGE AND THAT THE STA TE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVE~<\GE . 13 . Pursuant to CRS 24-30-~02 . .! (as amended), the state controller may withhold debts owed 10 stale agencies under the vendor o ffset intercept system for : (a) unpaid child support debt or child support arrearagcs : (b) unpaid balance of tax . accrued interest. or other charges specified in Anicle 22. Tille 39 . CRS ; /c) unpa id loans due to the st udent loan di visio n of the Dcpanmcnt of Higher Education : (d) owed amounts required to be paid to the unemployment compensation fund : and (e) Olher unpaid debt s o wing to the state or an y agency thereo f. the amount of which is found to be owing as a re sult of final agency determination or reduced to judgement as certified by the controlle r . 14 . Federal Funding . Th is contract is subject to and co nt ingent up o n the co nt inuin g availabil ity of Federal fund s for the purposes hereof. The panies heret o expressly rec ognize that the contractor is to be paid. reimbursed, or Olherwise compensated with fund s provided to the St ate by the Federal Government for the purpo se of contracting fo r the services provided for herei n. and therefore. the contractor expressly understand s and agree s that all it s rights. demands. and cl aim to compensation arising under thi s contract are contingent up o n receipt of suc h fund s by the State . In the event that such funds or an y part thereof are not rece iv ed by the State. the State ma~ immediately terminate this contract without lia bi lity. including liability for terminati o n cos ts . 15 . The Grantee shall maintain a complete file o f all re cords. d oc um ents. communications. and other written materials which pertain to the operation of programs o r the delivery of services under this contract. and shall maintain such records for a period of three (3 l years after the date of termination of this contract or final payment hereunder. whi c hever is later. or for such further period as may be necessary to resolve any matters whi ch ma~ be pending . Al l such records. documents. communications and other matenal s shall be the propert~ of the State . and shall be maintained by the Grantee in a central location and the Grantee shall be custodian on behalf of the State . 16 . The Grantee. and its subcontractors and subgrantees. shall permit the State . Federal Government, or any other duly authorized agent of a governmental agenc y to audit . inspect. examine, excerpt. copy and/or transcribe Grantee · s records during the tenn of this contract and for a period of three (3) years following termination of this contract or final pa yment hereunder, whichever is later, to assure compliance with the tenns hereof. or to evaluate the Grantee's performance hereunder. The Grantee shall also permit these same described entities to monitor all activities conducted by the Grantee pursuant to the tenns of this contract. As the monitoring agency may in its sole discretion deem necessary or appropriate , such monitoring may consist of internal evaluation procedures. examination of program data. special analyses. on-site check, or any other reasonable procedure . 17. All state and local government and non-profit organization Grantees receiving more than $300.000 from all funding sources. that are defined as federal financial assistance for Single Audit Act Amendment purposes, shall comply with the audit requirements of 0MB 6 • .. I • 0 • • p ,,- • , . . ......... .. • -~ Circular A-128 (Audits of State and Local Governments) or A-133 (Audits of Institutions of Higher Education and Other Non-profit Organiz.ations), whichever applies . The Single Audit Act Amendment requirements that apply to Grantees receiving federal funds are as follows : • If the subgrantee expends less than SJ00.000 in Federal funds (all sources, not just Highway funds) in its fiscal year then this requirement does not apply. • If the subgrantee expends more than $300, 000 in Federal funds. but only received Highway funds (Catalog of Federal Domestic Assistance, CFDA 20.205) then a program spt!cijic audits may be performed. This audit will in only examine the "financial" procedures and processes for this program area. • If the subgrantee expends more than $300,000 in Federal funds, and the Federal funds are from multiple sources (FI'A, HUD, NPS. etc .,) then the Single Audit Act applies, which is an audit on the entire organization/entity. • Single Audit can only be conducted by an independent auditor. not by an auditor on staff. • Audit requirements are laid out in Subpart E -Auditors • Audit is an allowable direct or indirect cost . 7 ~ .. . . .. ~ • I I • 0 xi • • • ,. _.,--· . • • • I 8 . Rights in Data. Documents. and Computer Software A . State Ownership. lf State funds are used under this contract . any software. research. repons, studies. data. photographs. negatives or other documents. drawings or materials prepared by contractor in the performance of its obligations under this contract shall be the exclusive propeny of the State and all such materials s hall be delivered to the State by the contractor upon completion. tennination. or cancellation of this contract. Contractor may. at its own expense. keep copies of all its writings for its personal file s. Contractor shall not use. willingly allow. or cause to have such materials used for any purpose other than the performance of contractor" s obligations under this contr.ict without the prior written consent of the State: provided. however. that contractor shall be allowed to use no n-confidential materials for writing samples in pursuit of the work. The ownership rights described herein shall include. but not be limited to . the right to copy. publish, display, transfer. prepare derivative works . or otherwise use written works . B . Federal Reserved Rights . lf Federal funds are used under this contract. except for its own internal use . the contractor/grantee shall not publish or reproduce any data/information. in whole or part. that is recorded in any form or medium whatsoever and that is delivered or specified to be delivered under this contract. nor may It authorize or pennit others to do so. without the written consent of the federal government. through the State . until such time as the state/federal government may have released such data/information to the public . As authorized by 49 C.F.R . 18 .34. the federal government. through the St:i.te . re serve s a royalty free nonexclusive. and irrevocable license to reproduce, publi s h or otherwise use. and to authorize the State and others to use : a) any work developed under this contract or a re s ult m third party contract irrespective of whether it is copyrighted: and bl any rights of copyn ght to which a contractor/grantee. subrecipient. or third party contractor purchases ownership wnh federal assistance. The State also reserves an identical license for its use . C. Patent Rights. lf any invention, improvement. or discovery of the contractor/grantee or any of its subcontractors or subgrantees is conceived or fir st actuall~ reduced to practice in the course of or under this contract work. and if such is patentable. th e contractor/grantee shall notify the St:i.te immediately and provide a detailed wntten repon . The rights and responsibilities of the contractor/grantee. third pany contractors. and the State "ith respect to such invention. improvement. or discovery will be detennined m ac cordance "ith applicable state (and/or. if federal funds are used under thi s contract. federal ) laws and regulations in existence on the date of execution of this contract which define contractor title. m?ht to elect title. state/federal government .. march in·· rights . and the scope of the state/federal government· s right to a nonexclusive. irrevocable. paid-up license to use the subject mvent1 o n for it s o wn . The contractor/grantee shall include the requirements of thi s paragraph in its third party contracts for the performance of the work under th is contract. 19 . APPLICABLE LAW. The GRANTEE/Co mracwr ,hall at all 11m<: · durinc the execmion of thi, contract ~trice Iv adhere co. and comp Iv with. all applicable fedcr.il and ~c:ir ~ law~. and their implementin!! regulations. as the v c urrcml v exist and ma v here :1fter be amended. which are incomor,nc.-d herein hv this ref.:renc.: a s terms and co11d1uom or th1, conm.1ct. The contrac tor s hall also requirt: complianc:.: with these statutes and rt."!!'ulat,on, 111 su bgrarn Contracts pcnnitted under 1his contract. A li sting offrder.il laws that m:i.v he appli c.:ahlt.". dt!pendi112 on the GRA1'.'TEE/C ontractor wor~ re~p ons ibilities under this contract. are dc,cnbcc m ADDENDL "\·I A . 8 • • I ) I • 0 • • -• .. ,. ,.-. • •,, • - 20. Changes /Grants/Subgrants) The State may prospectively increase or decrease the amount payable under this contract through a "Change Order Lener," approved by the State Controller or his designee. in the form attached hereto as Exhibit I, subject to the following conditions: A. The Change Order Letter ("Letter") shall include the following : (i) Identification of contract by contract number and affected paragraph number(s); (ii) Types of services or programs increased or decreased and the new (iii) level of each service or program; (iv) Amount of the increase or decrease in the level of funding for each service or program and the total : (v) Intended effective date of the funding change; (vi) A provision stating that the Change shall not be valid until approved by the State Controller or such assistant as he may designate : B. Upon proper execution and approval. such letter shall become an amendment 10 this contract and. except for the general terms and condition s and Special Provisions of the contract. the letter shall supersede the contract in the e vent of a conflict between the two . It 1s underst ood and agreed that the letter may be used only for increased or decreased funding . and c o rresponding adj ustments 10 service levels and any budget line items . C. If the contractor agrees to and accepts the change . the contractor shall execute and return the letter to the State by the date indicated in the letter. In the event the contractor does not accept the change. or fails 10 timely return the executed letter, the State may . upon notice 10 contractor. terminate this contract effective at any time after twenty (20) days following the return deadline s pecified in the letter. Such notice shall specify the effective date of termination . In the event of termination. the panics shall not be relieved of their obligations up 10 the effective date of termination . D. Increases or decreases in the level of contractual funding made through the letter process durin'g"the term of this contract may be made under the following circumstances: (i) (ii) (iii) (iv) (v) (vi) If necessary to fully utilize Colorado State appropriations and/or non- appropriated federal grant awards. Adjustments to reflect current year expendirures . Supplemental appropriations or non-appropriated federal funding changes resulting in an increase or decrease in the amounts originally budgeted and available for the purposes of this program . Closure of programs and/or tennination of related contracts . Delay or difficulty in implementing new programs or services . Other special circumstances as deemed appropriate by the State . 9 ., I • 0 - • • .. • • • .. 21. Options: Additional Services/Performance Extension A. The Swe may increase the quantity of services called for in [paragraph _) [the schedule] [Exhibit 2) at the unit price specified therein. I) The State may exercise the option by written notice to the contractor deposited in the mail not later than __ days prior to the expiration of the contract. using a form substantially equivalent to Exhibit 2. 2) Performance of the added services shall continue at the same rate and under the same tenns as the like items called for under the contract. 3) Financial obligations of the State of Colorado payable after the cunent fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available . B. The State may also require continued performance for a period of [one year] of any services within the limits and at the rates specified in the contract. I) The State may exercise the option by written notice to the contractor deposited in the mail before the end of the performance period of the contract using a form substantially equi\'alent to Exhibit 2. 2) If the State exercises this option. the extended contract shall be considered to include this option provision . The total duration of this contract, including the exercise of any options under thi s clause. shall not exceed five (5) years. 3) Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated. budgeted. and otherwise made available . 22. The Special Provisions attached hereto are hereby made a pan hereof . 10 • .. . t I • 0 ' • • • .. • ,,-. • 't·~~t . ' ... . . • -' IN WITNESS WHEREOF, the panics hereto have caused the foregoing Contract to be executed by their duly authorized officers the day and year first above written . ATIEST Chief Clerk Transponation Depanment ATTEST By~----------~ IDucrishia A. Ellis Title city Cl ert ST A TE OF COLORADO Bll.L OWENS, GOVERNOR FOR THE EXECITTIVE DIRECTOR COLORADO DEPARTMENT OF CITY OF ENGLEWOOD ENGLEWOOD POLICE DEPARTMENT By_______.,,,._~---'-'"~~~________c.___~ Ou-i~lsoi./\ Title __ __.1.L!"-",r"-'.Art."'"""..,o,._,,_~------- Director of Safety Services APPROVALS ARTHUR L. BARNHART State Controller BY------------~ GEORGE MCCULLAR. CONTROLLER II KE.11.1 SALAZAR Attorney General By _________ _ GREGORY JAMIESON Depanment of Transponation Assistant Attorney General Civil Litigation Section • .. " ) I • 0 I - • • • .. ~ /' . • • -' ADDE'-D l"\1 .\: FEDERAL REOL"lln:,\IE'-TS Federal la"s and rcgulatinn, that ma,· he applicahk to the Work include: A. TI1e 'Tnifnrm Adminbtrati,·r Reguirr ments for Grant< and Coo perari,·e Contrac~ State and Local Go,·crnmcnt~ I Common Ruic). at -19 Codc of Federal Rcgulati n n,. Part II!. except to the extent that other applicahle federal reouirement< 1 including the pro , i,ion< of 23 CFR Parts 172 or li3~ or 633 -see below , arc more s peci lic than pro\'ision s nf Part 18 and therefore super"<!dc ,uch Part IS prm·ision~. The n-yuirl'ments of -1 9 CF R I S indude. without limitation: 1l the Local Agcnc,·/Co ntractor ,hall follo" applic:iblc procu r ement proc edures. a< required b,· section 18.~li• d 1: 2 1 the Local Agenn·/C ontrat·tor ,hall request and ohtain prior C DOT apprm·al of changes to an,, ,uhcontract.< in the mann.-r. and to thc ~"cnt rcguirrd I". a pplkahle pro,.isions of ,ection 18.~0 : _t ) the Local . .\ge n c ,/Cnntracto r <ha ll c11mph "'ith ,cct ion JS.3 i concerning an, subgrant.,: -1 1 to e,pcdite an, CDOT appro,al. the Local A;;c nn /C'o ntractor\ :lltornL''·· o r other authorized rcprc~entati,e. <hall al-,1,uhmit a l,•tte r to CllOT n ·rtif\ing Local Agenc\'/Contr:t<:tor compliance "·ith ,enion IS_to change order prncedurc,. and "ith 18.31\/d ) procurement proccd urC'S . and "ith IS.Ji ,uh;:ranr procedure,. as appli<:abll-: ~l the Local ..\g ene, /C"o ntra<:tor ,hall incorporall" t h 1: <p ecilic co ntract pro, i,inn s described in lll.361i \ 1\\hi c h are al,o d eem ed incnrporated herrin 1 into :im· s uh co ntract1,1 for ,uch ,cl"'·iccs a s term, and rn ndition< of tho,(' ,uhcontra,·t,. B. Executh·e Order 11:.ir, of Se ptemhe r :~. )'Iii~ e ntitl ed "Equal Emplo,ment Opportunit,·." as amended In E:~ecuti,e O nkr I l ~i.5 of O c toher 13 . l'Jlii and a, supplemented in Oepartmenl of Lahor re;ulation, 1-II CT R C hapt-,r 60 1 •These pro,isions apply to all construction contrac~ a"ardecJ in cxce« of ,J0.000 h" gr:intces and their contral'tors or s ubgrant ec, I . C. The Copeland "..\nti-Ki<'khack" ..\ct 118 C.S.C. Si-I \ a s s upplemente d in Departme nt nf Lahor rc;:ulation~ 129 CF R Part 3 1 !These provisions apply to all contracts anrf uhgrant.s for construction or repai ri . D. The Da,·is-Bat·nn ..\ct t -10 C.S.C. 2ilia to a-il a~ supplemented h\' D,•partment nf L:ihor regulations I 29 CFR Part 5 , rThese pro,isions apply to construction contract< in excess of S2.0(HI a\\'arded b,· grantees and subgrantccs when required In fcdcr.11 grant program legislation. This act requires that all lahorcr-and mcch:inics cmplo"cd h,· contractors or sub-contral'tors to work on construction project, fin:inced h,· federal assistance must he paid \\'ages not less than tho~c cstahli~hed for the localit, of thr project b, th e Secretan• of Labor). E. Sections 103 and lOi of th<' Contract Work Hours and Safer,· Standards ..\ct 140 l '.S.C. 32i-330) as supplemented h,· Department of Lahor regulations l ::!IJ CFR Part 51. /These provisions apply to construction contracts awarded b,· grantees and s ubgrantecs in excess of S2.()(IO. and in excess of $2..5011 for other contract< "hich in"oh c the emplo,·ment of mt>chanks or lahorers I. 12 • . I • 0 - • • • ) . .. ,. • - ·• F . Sta ndards. order~. or requirement s iss ued unrkr ,ectio n 306 of the C lear Air Act 1.e t.:.S.C. Hi5 71 h l. section 508 of the C lean Wat e r . .\,·t (33 C.S.C. 1368 ). F.xe cuti,e Order 11 738. and [n,·ironmental Pro t,•ction -\gmc ,· r egulation ; 1JO C FR Pan E i rcontract.;. s uhco ntract,. and s uhgrant s of am o unt, in execs, of S 1 OtJ .000). G. !\landaton· standards and polici es relating t o e nerg,• efficiencv which arc contained in the state en erg,· rnnser\'ation plan issm·d in co mplianCl' with the Energ, Polin• and Conserrntio n . .\ct /Pub. L. 9J-J 63 l . H. Oflice of '.\l:magcment and Budget C irrnlars .\-87 .. .\-21 or . .\-122. and A· 102 or A-110 . whichHer is applicabl e. I. The Hatch Al·t (5 l 1SC 1501-1508 1 and Puhlic Law Y5-45J s ... ction J i:?8 . These _qatute~ state that fed e ral fund cannot he used for partisan political purposes of a m · kind h, an,· pcn;on or nrgani,.ation in"'1h·cd in th e adminis tration nf fcdcrallv-a,s ist cd program,. J. 42 t·sc 6101 et se q . 42 L'SC 2000d . 29 L'S C 794. and impl ementing r egulat ion . J5 C .F .R . Pan IW ct . seq .. These a cts n •yuirc that no person shall. on th e ground s of ran~. co lor . national o rigin. ag e. or h:mdirnp . he e \"du,1,·d fr o m participati o n in o r he ,uhjectc d t o di scrimination in an, prn;:ram or a cti, itv fund e d. in wh o lC' o r pa rt . h, fl'd.-r :i l f unds: K . The Am eri can < with Oi sahilities .\ct rPul>li c I.a\\· JOt-:131\: 41 L'S C l.~1 0 1. 1210::?. 12111 - 1211 7. 12131-1:~13.i . 12141-1::?150. I::?1 6 1-121fl5 . 1::?1 8 1-1::?1 89 . 1.2201-11213 .r:-u;c 12:' a nd 47 l 'SC 61 I. L. Thl· l"niforrn Relocati o n .-\ss istann· and R eal l'rope rt, -\cyuis ition Pnli cir, -\ct. a ~ amended /Pnhlic La" ',IJ.(,-l6. a s amend ed and Puhlic La" 100 -1 7. JOI S tat. ::?Jf,-2:=<.,. IThis statute applies if the contractor i$ a cquiring real propert, ancJ di s placing ho u~e ho lcJ, o r bus inesses in the pcrformann· of thi s contract. I '.\I. Th e Orug-Free Workpl a ce . .\c t !Puhlic L a " l fl 0-6QO Title \". s uhtitl e D. JI L'SC iO I ct seg .l. N. The Ag e r>i sc rimination Act of 19 7 5. 42 L'.S .C. Secti o ns liIOI et. seq . and it s implementing regulation. J5 C.F.R . Part 91: Section 504 of th e Rehahilitation Act of I ll 73. 29 C.S.C. 794. a s amended. and impleme ntini: rei:ulation 45 C.f.R . P a rt S4 . 0 . 23 C.F.R. Part 17:?. concerning "Adminis tration of Engineering and De s ign Relat ed Contract5". If Engineering a nd De~ign work is to be performed under this contract. GRA NTEE shall obtain from CDOT and comph• with CDOT's "PROCEDURES TO IMPLEMENT FEDERAL-AID PROJECT CO'<TRACTS WITH PROFESSIO NAL CONSULT ANT SERVICES"' P . 23 C.F.R Part 63 3. concerning .. Required C ontract Pro,·isiuns for Federal-Aid Construction Contract~". If Construction work is to be performed under this contract. GRA NTEE shall obtain from CDOT and complv with FHWA Form-1273. O. 23 C.F.R. Part 635 . concerning "Construction and '.\faintenance Pro,·isions". 13 • I • 0 - • • • -' SAMPLE CHANGE ORDER LETIER IN GRANT/SUBGRANT CONTRACT Exhibit I_ Date : ---------- State Fiscal Year 2000-200_ Change Order Lener No . __ ... In accordance with Paragraph __ of contraet routing number-------,~· between the Swe of Colorado Department of Division) and [Contractor] covering the period of July I , 1999 through June 30, 2000 the undersigned agree that the maximum amount payable by the State for eligible services in Paragraph is (increased/decreased ) by (S amount of change) to a new total of($__). The first sentence in Paragraph _is hereby modified accordingly . The services affected by this (increased/decreased) are modified as follows : The Budget is revised accordingly , as set forth in the Revised Budget. Attachment_, attached and incorporated herein by reference. This amendment to the contract is intended to be effective as of , but in no event shall it be deemed valjd until it shall have been approved bv the Sta re Controller or such as sistant as he mav desjgnate. Please sign , date , and rerum all copies of this letter on or before ------19_ Contractor Name : By:--------- Name ---------- Title---,---------Transportation. ___ _ APPROVALS : By :---------For ____ Division State of Colorado : Bill Owens. Governor By :=--...,....-=---=----For the Execuuve Director Colorado Department of FOR THE ST A TE CONTROLLER Anhur L. Barnhart By :--,--~-----,,---- State Controller or Designec 14 • I • 0 3 X -..---:--~------------·--------~--~-------... .. - - • • .. . ~·- 401. ..... SAMPLE OPTION EXERCISE LEITER Exhibit2 __ Date: TO : [Contractor] [Address] SUBJ : Option Exercise Letter • ... • • In accordance with Paragraph __ of contract routing number __ , between the State of Colorado Department of division) and [Contractor) covering the period of July 1, 1999 through June 30, 2000 the State hereby exercises the option for (additional services, as specifically described in An.achment) and/or [an additional one year's performance period at the (cost) (price ) s pecified in paragraph_.] The maximum amount payable by the State in Paragraph _ is (jncreased/decreased) by {S amount of change) to a new total of~-The first sentence in Paragraph_ is hereb y modified accordingl y. State of Colorado: Bill Owens, Governor For the Executive Director Colorado Department of __ _ Title APPROVALS : By : For ::::::::::::::D,,,...,...iv..,.is""'i_o_n_ FOR TiiE ST A TE CONTROLLER Anhur L. Barnhart By :.,.,....---,,.......,----- State Controller or Designee IS • ., I • 0 3 I -----------~-------···----------~------------ - • • --· • .. • -.. ~. Colorado Department of Transportation Contract Objective Plan State Program : Public Ways I Contracting Agency: Englewood Police Depanment State S..0-Program : Transportation Safety I Protect Coordinator. Director Chns Olson PfOCllam So1Ulian Plan : Police Traffic Services I Contract Perooc · Effective Date through September 30, 2000 Prc,ec:i"' tn·c:5\ I HSP. ()().02 I Task# 21-02 Ootec;INe : To reduce traffic crashes by 10% at five high hazard locallons, to respond in a proactive manner to traffic concerns and complaints from citizens and other entities Within the community , to establish collaborative relationships with other public and private persons/groups having impact or influence on traffic safety issues such as the Speed Watch coord inator, the Neighborhood Watch coordinator , traffic engineenng depanment, school health and safety committee , private citizens and businesses through September 30, 2000. Task Activilv II Activity Descnption 21-02 .1 21-02.2 21-02.3 21-02 .4 21-02 .5 • On a quanerty basis , review traffic crash, violation anc citizen comp laint data and select five high hazard location s for selective traffic enforcement through September 30 . 2000. Deploy a three person traffic unit for a comprehensive traffic program including enforcement . education and engineering to reduce crashes at the top five locations by 10% through September 30, 2000 . Solicit and respond to community concerns or comp laints regard ing traffic safety issues . ana lyze prob lems lor underlying causes and develop comprehensive long term solution s to these identified prob lems lhro ug h September 30, 2000. Sponsor or attend a minimum cl one community act1v1 ty or eve nt through September 30 . 2000. Coord in ate with the Neighborhood Watch Program and the Speed Watch Program through September 30 , 200 0 . Submit quanerty repons by April 20. July 20. and October 20. 2000 and a final report and fin a l cl aim lor costs incurred by November 15 , 2000 . Claims will not be paid unless quarterly and fina l reports are rece ived . . . .. l'rn1ous edmoas -obso~ and ma y not be used . COOT Form # l I 06 7/92 Anachment A. page I of 3 • ., >' ) I • 0 3 xi - • • • • • .. Colorado Department of Transportation Contract Evaluation Data Pro,ec:t #: C::0-6~ I HSP• 00-02 Task Activity Evaluation Oescriotion 21-02.1 Provide data analysis used to select the five locations for enforcement programs . Describe participation of the traffic engineers and include a summary of crashes. violations/citations and citizen complaints. 21-02 .2 Provide a summary of hours worked by location. the number and causes of crashes at each location and the number and type of citations issued. 21-02 .3 Provide a description of the process for soliciting input from the community, describe long tenn solutions implemented to address identified problems and the impact of these solutions on both crashes and community perceptions. 21-02 .4 Describe the community events attended. the role of the Police Oepartmenl and the number of people reached. Provide copies cf materials which were developed and distributed fer the events . Describe coordinated activities with other traffic safety programs or initiatives. Provide cop ies of print media coverage of these events . 21-02 .5 Provide quarterly and final report and claims tor costs incurred by deadline dates. . ~ .. '· .. I Task• 21 -02 Type of Report Evaluation Time Frame Perfonnance Quarterly/Fin al Impact Quarterly/Final Perfonnance Quarterly/Final Perfonnance Quarterly/Fina l Performance/Impact Quarterly/Final ~ ~Yi-cditiaas an, obsolete md ma y nor be used. COOT Fonn • 1107 Amcbment _, paac ~ of~ 819 3 ., .. .. ) I • 0 32X -.,..------------------~--~--------.-.--------------------------------~ - • • -. Colorado Department of Transportation Contract Financial Budget Budget Allocation For HSP # Cost Category OTS Persona l Services S 64 ,798 Operat ing Expenses Travel Expenses Cap it al Equipment Other Totals $64,798 Distribut ion of OTS Funds (Benefit of ): State S Budget Allocation For HSP# Cost Category OTS Persona l Services Operat ing Expenses Travel Exp enses Capital Equ ipment Other Totals Distribution of OTS Fun ds (Benefit of ): State S Budget Allocation For HSP# Cost Category OTS Persona l Services s Operating Expenses s Travel Expenses $ . , Cap ita l Equ ipm ent s Other s Totals s D1st ribut1 on of OTS Funds (Benefit of): State$ Total Budget OTS $64,798 - .,,-. • • - Project #00· oq Task# Agency Total $129.596 S194 ,394 3 ,720 I 3,720 I I S133 .316 S198 ,114 Loca l S 64 ,798 Task# I Agency I Total I I I I I I I I I I I I Loca l S Task# Agency I Total s I s s J s s I s s J s s J s s J s Loca l S Agency I Total $133 .316 I s19s.114 Pl'eVIOIIS ediuons uc obsolcrc and ma y no< be used . COOT Fann •1 108 ~ 5~' Attachment--· page~ of~ • • .. • I I • 0 - • • - .. ,. ,,- • • -' ~ SPECLU PROVISIONS CO'.''TROLLER'S APPRO\'AL l nis oor.C"lct shall not :,c dee::icd valid until it sh3il h3vc bee approved by the Controiler of the Swc of Color:ido or S1Jci: usisw:t 3S he :nay dcs1i;:,:ue. This provtsi on lS .ippiic.:iol e to any con:r.ia 1.'lvolving the payment of :noncy by the Swc. F'l"'.',1) A \'AIL.\BlLffi" :.. F:.i.mc:JJ obli~31.l ons of th e St.l1e oiCoior.ido pay3b le lli.er :he c-..:.-:-e::t fisc.,J ye31" ue conung~t upon 5.uicis for t..ii31 :,ur.:,osc betr:.g .1;,procr~t::d, b uage:.ec:!. :i::c oth~.A11Sc m!Oe lVJ.liJole. 80:-01) REQUIRDfi::'iT 3. If th:s contr:1c: involves the payment of :no:: :ha,., fifty :hous..v1d doJlJ.n for !!le constt"'JC:.Zon . ::i:::"..:on.. repair, !T'.a.int:n.ince. or :n:;:rove:r.e:-:! oi Jny bu1 ldi...,,g, road. br:~e. viacr.ic.. amne~ exc.;ivauon or other ;rublic wonc. :·or iJus State.. :he r;.omr.aacr shall. bcio~ e:nu::mg upon the pc:for::w,.cc oi :m y sue., work u:ic!uded ill lius cor.= duiy execute :111d deliver :o the Swe of!ic:31 wno w,ll sip L'le cooirac:. 1 good :111d sui!ic:c:::t bond or othc:-·~=i• ='Y to oc 3PJ>roved by sa:d offici.li in • penal sum not less L'lm one-half of the tau.I amouot payable by the =ms oi this contnc:<. 5uc.'I bond shall oc auiy exCC".a=:i !>y • qu:iliiicd cor;,o= =t),' coadiucocd upon the failhiuJ perl"ormanc.e of the con!r:lel and ID addiuoo. swl pn>V1de :h:11 if:I:: connc:or or hlS subcoctnc:.or,; fail 10 duiy pay for Jny 1.ibor. a:.ar.enW . tam hin:. suste.mce. prov1s1ons. provender or othe:-suppiies usea or c:ans;.unec by suc.."1 conc::ic:or or lis subcontr.1c:or !n. pcfor:nmce of tb: ""'Orie con~..:d to be :ione or f2w to pav any ;,erson \llftO S" .. '1'?1ies rcwl machinery. tools. or :qu1poe:u :.., th e ;,roscC"'JUon of t."l.e woric the s:un:ty w,ll ;,ay the same in an amount not exceeciio1 t.":: sum spec:.Iied in the bond. toge:.hcr 'With inte":::St 1t tt:e :::ue oi e:giu per ce..~t per-an."l\.l.:.. t.:nic:ss sue.;.,, bond is :xc:ut=i, dei~ md fli ed. oo cia.u:i m iavcr oi ~e c:.ont:ac:.o: JnSl:lg :mder such cootr:lct shall be aud ited. a.llowed or ;,aid. A c=-.;:1ed or cash..ic:-'s check or l O:mk :noney orde:-;,ayabie to the T~urer of t.'le Sw.e of Coiond.o m3.y be J.c.ccpted ~, lieo..1 of a bond. Tius provtS10::i ts: in corr.;:,ii 3nce wit!l CR.S 38-26-i Oo. INDDC\1F1C..\ TION 4. 7 o t.":: exte:-:.t lt::.."tor.=.e:i by Law. the cont.~ctor sh31 1 mce::-:mfy, s.ive.. r.d !lo1d ~1:ss r.h: Swc . :ts =:pioy ~ J.n C Jg~ts. J.g:?l!lSt J..-:y J::C J.ll c!;iu:::.s. cbaur-:,. !ahiiit:-· and court .iv.a.-cis incl uC:i::.g costs. CX?C:UCS . ~d mo~ey fees :.nc::.ure::i JS J. result oi ;my ;ic: or cm!s.s1on :,y t.h : cont::1c:cr. Jr :ts :mpioye~. ~:s.. subc.on tnc::.:irs. or lSs tgnees ;,ursuant !O t.he t.e:"T:i S of 1,.;~:.s con t:':!:. DISCRl.\~ATION A,'1D AffiR.\L.\TIVE ACTIO:S. S. Tac :ccc-2c:or ~ to comp ly with :.he letter me s;:ur:: of :he Ci)ionao .~Udisc:1CJ.n~oa .-\ct oi I 9.S i. as J.me:::Cec.. me ot.~==-a.pp i:c.J.=.: !aw rc..--;,ec:.=.::g cf5=,-~on md 1.:&-iiair C'lpioymcnt ;:rac::= (CRS z,.}.a...&OZ ). and :IS~ by E.xe:u:.:ve Creer. E.q~ O;:pomuuty ir:ci Aff:r::~uve Ac~on.. :fatcc A;:r.i 16 , !9i !. ?':.V'~.JC'tl 1itere10 tnt follo•1r.: ;:rovCJ lOfU sna il :,e c::m:.::n~=· lll ~!I Slau co,::rc::.s or :"'JD<onrr::c:.:. (1 ) !.:e ccr:C"3c:or wiiJ r.ot dis=i.o:uuce igJ.inst my e:npioy~ or 1pplic:mt :or emp ioymc::t bccwsc of :":ICC.. c:e-...d . co lor. c.at:.ca.al or.gm. se:t.. ::iar.u.l S"'..:t'.JS. ~::;oc. me:=::~:. :ie::ul er physical handiQP. or ige. The conttX:Or will :.ake u1inmuve ac:1on to ~ Q.:IL 3Pp li e3nts ~ :mploye.::i. az:~ :.'lat empio~·ecs ..., :-=1cd ou.-~-,g c:::,pioymen, "-1thout ~ to L'ie :ux,ve ,ncnucned ::i.r.1c:c-.s:ic:.. Suc:i ocuoo s::all include. ;,.,: not be iinw= to t!:e ioilowu,g: =pioymc::t \If'~;, de::,oaoro~ or ::"3nS fe:-. rtc:u.u:mect or ~C""J1LT.ent ~ve:"".isings: Lay~r!s or temuwiocs; ~ of pay or other forms oi com;,ensauoa.: J.Dd sc iec::.ion fer ~g., :ncluCing 1pp~ccesh1p. r r.e CC:lL":l~or a~ to post m eons,:1c.:.ous places. ava.il;ib le to e::i.p loy~ and app ii c;mts for empioyme=t.. :1ouc::s :o be ;,roV'IO~ by the contraC"'..1ng off.cc:" sc~ng for.h prov1s1ons of tius non~:.sc:rimm111on clause. (bl T.,c contnc:or wi ll :n >Ii soiic1t.auons or ,dvc,-.ise:r.enlS for ::npioyee; plaood by or oa behalf of the a>Dlr.lCDr. sutc !/i3t >JI qualifiec 3Pp li =ts wtll rec,:,ve Qns:,:.::-:i:.ion for e:np ioyment \Nlthout reg::irc to race, aeeQ. color. nauonaJ ongm.. sex. =ianta.i s-~. n:lig:ion. .mcc:stry. :ne:n.a.J. or pbys1cai :u.aaic:ip, or ige. ( c I T:,e con:..""3c :or wi ll send to e;ic:l labor w:ion or ~prese~tative of wori:.c,; wnh w'h ic."l be has a co1leC"'..1 ve barg11JW1g ig.."="=?lent or ot.~e:-concnc: o r uaae:::-~ding. :'lotice to be provided by the contr3c~g officer. ,1CVising the labor unioa. or woricc' r,:prcc:iuuve ofL1e coarnaor's comc.;oc:lt uncie: :.ii.: Exec-su ·.-c Orocr. E<;u:u Opporru.~,ry and Affim,auvc Action. dated April 16. 1975 . and of the n,les. ~ans. and re ,evaot Orce:s of the C-ov ernor. (d) l=e co n:nc:or :ind labor unions wiil furnish ail 1nformauon :and n:;,or.s reqwttd by Executive Order. E.qu,aj Opporrunicy ind Ai:'umauve Action of Apr.i 16 . 19 -~. :>r.O by t.'lc ru les. regu iauons :ind Ord= of the Gove:,:or. or pumiant thcrc:o. :ind will pc:mit = to his books. =nis. me >=unlS by tile c.on~cJ.:1g J.icnC"J' ar:.d the office oi the Gove:nor or has desagnee :·or P\.C"'?OSCS of invc.sogaaon to asccrum compli ance w,U, such rules. n:gwauor..s and orce!""S . (e , A :aoor o~:,n=on w,Jl not exclude :in y ,ndividuaJ orherw,sc qualified frnm full merr.benhip ,;gtus in such labor orpn1Z3Uon. or expe! :iny SIJC.~ individu:il rm~ ~~:up :., sucn iaoor o~on or ciisc,m1:we Jgaanst my of itS members u, the fu ll enjoymect of wo~ opportunity beausc of r.ic.e . c:,:,ed. co lor . sex.. :-:it.:ona i or.g!.."':. or ll1CC'Str')' (f) . .o\ :ioor orgi..,,i:.:mon. or the ~~ployees or me::,be~ thereof W'lil not &j d, abet. incite, compe! or c;.oc:"CC the ::!omg of ilnY ic:t def:.ned m !.h1S cor:U'3ct to be di:c-_~-...ucr:, or oost:iJc: or ;,~e:it iny ~n &om compiy,ng: W'IUl :.he provu1ons oft..i.u coat:":lct or my orde:-tSSUed thereunder: or atte:?;:t.. dt.~e: dire::.!.; or :::c:r"'!::.:~. to com..~it .in y ac: defined 1n this concncr. to be disc"lm.m&lOt"'y (&) b :.,e !ve::t of :.":e conl.r.lc:o:-· s :,on-comp li MJcc W'llh the non~isc:imina.tion clauses of this contr.1a or with an y oi such ruJcs. ~;ulauons. or ordC"S, th..:.s === :i•y :,c ca.ic.e lca. t.crm 1noted or suspended in wllolc or in pan .and tile contr:ICIOr may be declared inei:gible for furJ,cr SWe contncs ID acccrd,,r.c:: '"'"' :="-""'-,uthonz.ea ,n Excaiuve Order. E.qu.aJ Oi,ponwury and AtTir.nauve Action of Apnl 16, I 91S and ~'le rules, r,,gul.auons. or ore= promulg1 tec . , PJ;e _._of __ -_ j)a;~'.: • • . ) I • 0 - • • 1 \.....,; .. " -· • .. •' • • U'J lCCOn:.l."'l;C:Z :..i.~..,,t::.. me suc:.i. other s:u-:..::.ioas ~maybe imposed md n:mcd:es :s.s may be :.:ivoic.cd as prov1aed in C.Xec-J.uvc Order. Equal Opportunity lnd AtTir.n:uJve Accon oi Apni 16 . !975. or by :-Wes.. ~i3Uoru.. or oni~ ;,romuJpiea in acc:ord.ance t.b~t:l. or :as othc:"\,l,'\$C: provided by law . (h) Tho c:anlr.lCCr will iDclude Ibo ;,rovisiom of par.,gr.ll:lhs (a) tllrough (h) in every sui><anirac, and subcanlr.lC:or pw,::wo order unless cxompu:d by nilos. r,:gul,MlollS.. or ordc:r:: issl.i pum=i to E.xecwvo Order. &!ual Oppanw,ity and Affimwivo Ac:uan of April 16. I 975, so t!w such provisions w;u be binding Ul'Oft each Sllbcamnca,r or >aldar. The OODinaor w;u talcc such acaon w;lh ""'!"'C ta any sul>-cantnc:ung or ,urawc order as the c:0,11:racung >gOllcy may din,a, as a mc:ms of =iiorcing sud> prDYuiQIIS,, inciudinc sanc:1ons for non-compliance; provided. !lowevor. th.al in the O'<Clt the c:ontnc::ar beeames involved ill. or is lhn=:lt=ed with. liupaaa. Wllh the swx:onll'ICIDr or vcdor as• r=lt oi such din:aian by tho contn=~ ~cy. l.~e CQntnctor !t'l3Y request the State of Colorado to Cllle:' into such iiupuan to protec: tho interest of the SL>te of Colorado. COLORADO L\JIOR PJU:Fl:RV/ct: b. 'w'hen • CQnsnuc:ion c:anirac< ~or a public prajec is to be awarded :o a bidder. • reside:,i bidder si!aJI be >llowed • prc:c=ce >g:iinst a non-reside:it bidder from • swe or forc:111 COlll_!ll'Y Cl!IW to tbe prcf=co given or required by the swe or foreign ooum,y in which the non-resident bidder is • r:sident. lf it IS deramined by the of!icor r=spoasiblo for awading Ille bid 11w COIDl)iiance with the subseaion .06 may cause d=al of fcder:,J fiinds which would otherwue be availabie or --.id ocbe:wlse be inc:onsiszem wnll rcquilancllls ofF:dmi law, this subsec:ioa shall be suspended. but oniy to tile exte:11 necessary to pl'C"Cllt denial oitho moneys orto eliminate Ille inconsis=lcy w11h Feder.II ~wrcmems (CRS 8-19-IOl and 102). 7. The !aws oitho Swe ofC.ilorado and rules and~ issued pu."'S\Wll th=to si!ail be "!'Plied in the int=;:rc<..uion. cxet:"Jtion. md enfor=ent oitllls contnc~ Ally provision of:his cona'.11:t whether or not incoq,om.ed !i~in by reference which provides for Witntion 0:,, any er,.::1-1udicial body or person or wnic:i is otb=,sc ill c:on!lic: wirb said laws. rules. and~ snail be CQnsi~ null ;md void. Notl:ir.g contained i.~ :,n y prov151on 1ocor;,or:itcd he:e:n by n:fc:=c:e ·.wn.iQ ;,ur;,ons to DC'p1e this or any other special provisicn in 'Nftoie or in pan snail be va..iid or Cl!or=ibie or l\.'3.i iab ie :.:1 a.cy :ic::Jon ;u !aw whe:.."'Jcr by way oi compiact. C:e:·ezc. or otherwise. Any provision ren~d :iull md void by :!le oper:nion of t.~is ;,ro,·ts1on ·.-.,11 not 1:1val id..u e tile ~:under of thJ.s contr:1c: :o the :xt=t :.tut t!:e :.o::tnc: is capable of execution. 8. At >I.I umes during the perfor::ance of this CQntnet. tl,e Contr.ic:or shall stric:"Jy ,cl:= to all ,ppiic:.:icle fec:=:i.i Jnd s:.,:e !,ws. rJles. ar.d "'g'>l>oons tlw.t have been or n:,ay ii~= be established. 9 . i".:nuant to CRS 24-30-202.: (IS >mended), tbe swe controiler :::,.ay withilold deots ow,:d to state agenc:es under :he ve~dor oi:set intercc;,1 system :or. (a) unpaid child sup;,an debt or c::.iid su;,!)Ort ~: (bl unpaid bala.,ce oiL3.lt. acc:-Jcd interest. or othe, c.·~es spoc:f.ea in Article :.2. Titlc 39, CRS : Q (c ) unpaid loans due to the Sllldc::: loan division of the dop"'1DIC1 ofhil!'e eclu=oon: (d) """'1d 1111ounts ~...: to be ;lid to tllo t.me:nployme::t compensauon fund; ;u:d (o) otb.,. w,;,aid debts ow;ng to the swc or any agmcy tll=i. tile :zr.tow,t oi wnic.i :s fow,d to be owuig as• =ult of final ige:,cy de:=wwion or reduced to j ucpent as cerufiod by !be comroll.,.. 10. Tho siguu,rics avertliat they ft~ w;th CRS l l-&-301 . et sei:;. (Bnbe:y and ComiptlntluencesJ and OS 18-8-401. et seq .• (Abuse oi?uclic Office), arid t."1.ll oo vioiauon of sacii provisions is prac:c.t. Soc:al SeC'~ncy Number or Feder:il l.D . IfCorporauon. Town/C icytCoun:;,. or Equiv&Jc,it: Attest (Af!ix Seal ) -• Sw: ofColor>do ROY ROMER .. GOVE."t.'<OR A.PP!lOV Al.S CONnOll.ER Page _l_. wh1C:, ,s t.":e last of _2-. page!: • ... ., I • 0 3 xi • • • .. • ·,. , . • - ORDINANCE NO . SERIES OF 2000 BY AUTHORITY COUNCIL BILL NO . 1 INTRODUCED BY CO NCIL ~!EMBER GARRETI AN ORDINANCE Al\1END1NG TITLE 12 . CHAPTER ID . SECTION 4. CHAPTER 2. SECTION 3H, CHAPTER 5, SECTION 6A . AND CHAPTER 8 . SECTIO . 10 . OF THE ENGLEWOOD MUNICIPAL CODE 1985, PERTAINING TO STATE MANDATED LIMITS FOR LATE CHARGES FOR WATER , SEWER. STORM AND CO;,iCRETE CHARGES . WHEREAS , the Colorado State Legislature pa sed Hou e Bui 99. 104 8 . placin g Limits on the amount of penalties whi ch ca n be charged to cus t0mers for pas t due water, sewer, stormwater and co ncrete bill s : a nd WHEREAS, the Englew oo d :\1uru cip a.l Co de currentl y all ows the City to charge mor e than the new legislation will all ow: a nd WHEREAS , the current ode provid es ove rdue bu.l s assessed at 10% of the water charges; and WHEREAS . the current EM C provide s that outside City sewer which is billed annually , is charged 25 % and stormwate r cu s tomers have been also assessed at 25 %: and WHEREAS. the current E!\I C provide s that concrete customers are a sses sed at 25% delinquency surcharge ; and WHEREAS , by the passage of tlu s Ordinance the City will be in compliance with the limits set forth in Colorado State House Bill 99-1048 ; NOW. THEREFORE. BE IT ORDAINED BY THE CITY CO UNCIL OF THE CITY OF ENGLEWOOD , COLORADO. AS FOLLOWS : Sectjon 1. The City Council of the City of Englewood , Co lorado here by a me nd s Title 12. Chapter ID , Section 4. of th e Englewood Municipal Code 1985 . to read as follows: 12·1D-4 : DELINQUENT WATER BILLS : Water bills on metered rates and scheduled flat rates become delinquent thirty (30) days after the date of billing and shall be assessed a ten pereent (18Q~) late fee NOT TO EXCEED FIFTEEN DOLLARS ($15 .00) OR UP TO FIVE PERCENT (5%) PER MONTH, OR FRACTION THEREOF. NOT TO EXCEED A TOTAL OF TWENTY-FIVE PERCENT (25 %) OF THE AMOUNT DUE . WHICHEVER JS GREATER. INTEREST IN THE AMOUNT OF EIGHTEEN PERCENT (18 %) PER YEAR SHALL BE CHARGED ON THE AMOUNT DUE ONLY. Water is s ubject to turn.off without notice whenever a bill therefor has become delinquent: provtded that the City shall give a five (5) working day written notice before actually turning off . I - • 10 bi ) I • 0 - • • • ,-. • .•. • - water for nonpaym e nt. Such notice sh a ll be effected by perso n a l service or ce r tified mail or register e d mail. r eturn r ecei pt r e quest ed. to the owner or occ up a n t of the premises for which the charge is due. The o bli gation to pay promptly fo r wate r service is not in a ny way affected by faLiure of t he owne r or occ up a nt of the premises served to receive a bill for the sen;ce . Sectjon 2 The Ci t y Co uncil of the City of Englewood. Colo r ado h e r eby a m e nds the Wastewater Utility Ordinance , Title 12 . Ch apter 2. Sect10n 3. P a r agr a ph H . of the Englewood Municipal Code 1985 , to r ead as foll ows : 12-2-3: FEES AND CHARGES : H . Delinquen(.'Y And Collection: I. 2 . Fees and charges levied m acco rd a n ce wi t h this Ch apter s h all be paid within thirty (30) days from the date of billing to t he City. If t h e bill is not paid within nine~ ESQ ) THIRTY (30) days after billing, it s h all be deemed delinque nt, whereupon a t .. eAt) fi, e pePeeAt (21i %) stHeh11Pge ma) 1,e impeseli fup eelleetieA se P,iee s . DELI NQU E NCY CHARGE :--i OT TO EX CEED THE AMOUNT OF FIFTEE N DOLLARS ($15 .00) O R li P TO FIVE PERCENT (5%) PER MONTH . OR FRACTION THEREOF . NOT TO EXCEED A TOTAL OF TWE NTY-F IVE PERCENT (25 %) OF THE AMOUNT DUE , WHICHEVER IS GREATER SHALL BE 11'-I POSED FOR COLLECTION SERVICES . INTEREST IN THE AMO U'.'JT OF EIGHTEEN PERCENT (18%) PER YEAR SHALL BE CHAR GED ON THE Al\ilOUNT DUE ONLY. Nonpayment. All sewer charges a nd s urch arges . including, but n ot limited to , collection charges , pre treatment charges. moru torm g ch a rge s hall be a lien upon the property to whi ch sewe r s a re co nnected from the date said charges becom e due until said ch a r ge are paid . The owne r of every structure or premises s h a ll be liable fo r a ll se we r ch a r ge -for use r s on his premises , which li e n of li a bility may be e nfo r ced by the City by action at law to e nforce the li e n . In ca se t h e tenant in possession of a n y premises s hall pay the sewe r ch a rge . 1t s h a ll re lieve the landowne r from s uch obligations and hen, but the City s h a ll not be r e quire d to see k paym e nt from any pe rson whom soeve r oth e r than the owne r for t h e p ayment of sewer charges. No c h a n ge of owne r ship or oc cupatJO n s hall affect the application of this s ub section , a nd the failure of a n y owne r t o discover that he purchased prope rty agai n st which a lien for sewer service exists s hall in no way a ffect his li ability for s u ch payment in full . Said delinquent pay ments, and the lie n cr eated thereby, s h a ll be enforced by assessment upon the propert y a nd pre mi ses so served a nd ce rtification thereof to the County Treasurer for the co ll ection under a nd in pursuance as provided for in this Co d e . In the e.eflt that BA) se .. er eharr;es BP slH'eharges , 1Aeh11iiAg . ettt net iimiteli te, eelleet1en ehapges , pretreatmeAt eh,nge e, meniteriAg eharges er s e .. er tap fees , mttst 1,e eertiEieli te 8 eettAt., fup eelleetieA as s dettAftttent aeeettnt. a fee e11ttal te dettele the 11mettflt e .. eli s hall l,e eertitieli and eelleete~. -2 - ., ) I • 0 - ..... • • • • • - Semon 3. The City Co un cil of the City of Englewood. Colo r ado her eby ame nd s the Storm Water Utility a nd Enterp n se Ordina n ce . Title 12 . Ch apter 5. Section 6 . of the Englewood Municipa l Co de 1985 . to r ead as fo ll ows : 12-5-6: DELINQUENCY AND COLLECTION : A. Delinquency Surcharge. Fees Ie,,ed in acco r da nce with t lu s Ch apter s hall be paid within thirty (3 0 ) days from t he da te of billing to t h e City . If the bill is not paid within stlley (69) THIRTY (30) days afte r billing , it s hall be deemed delinquent whereupon a t .. eftl~ fi,e pereenl (2b %l attreh8¥ge s lu1H be impeael'I fer e8Heetien ael"oieea. LATE FEE NOT TO EX C EED FIFTEE N DOLL\RS ($15.00) OR UP TO FIVE PERCE NT (5 %) PER l\lONTH , OR FRA CTIO N THEREOF. NOT TO EXCEED A TOT AL OF T\.\ ENTY -FIVE PERCE:'.'JT (25 %) OF THE AMO UN T DUE , WHICHEVER IS GREATER . I:'.'JTERE ST 1:-,; THE AMOUNT OF EIGHTEE 1 PERCE~T (18 %) PER YEAR SHALL BE CHARGED ON THE AMO 'NT DUE ON LY . B. Nonpayment. All fees a nd a ny acc rued s urch a r ges s hall be a lien up on the billed prope rty from the date said fees become due until said fe es are pa ,d . The owner of every structure or pre mi ses s h a ll be liable fo r the fees. wlu ch h n or liability may be enforced by the Ci ty by a n action at law or u1t to e nforc the li e n . In the case the tenant in possession of a ny premise " pay s th e fe s . it s ha ll relie\·e the property own er fr om s uch obliga tions a nd hen . but the itv h a ll not be r equired to see k payment from any person whomsoe ve r other th a n the prope rty own er. No change of ownership shall affect the application of th.i s Chapte r , and the failure of a ny owner to discove r that he purchased property against which a li e n for fees or s urcharge exists s h a ll in no way a ffect hJ liability for s uch pay me nt in full . Said delinque nt payments . a nd the !Jen created the r e by , s hall be enforce d by assessment up on the prope rt.y a nd pre mi ses so se r ve d a nd certificati on thereof to the Co unty Treasur er for co ll ec u on . Sectjon ;1 . The City Co uncil of the City of Engle wood. olor ado her eby ame nd s the current Utility a nd Co ncr ete ulity Enterprise Fund Ordinance , Title 12 . Ch a pte r 8 , Section 10 , of the Englewood Municipal Code 1985 , to read as fo ll ows: 12-8-10: DELINQUENCY AND COLLECTION: .. A . De linquency Surcharge. Fees lev ied m acco r dan ce with t h is ch apte r s h all be paid within thirty (30) days from the date of billing to the City . If t he bill 1s n ot paid within stllt~ (69) THIRTY (30 ) days after billing, it s h a ll be deemed delinquent whereupon a t .. eftey fi,e pereent. (2&%) attteh81ge ah81l be impeael'I fer eeHeetieft ael'Yiees. LATE FEE NOT TO EX CEED FIFTEEN DOLLARS ($15 .00) OR UP TO FIVE PERCENT (5 %) PER MONTH , OR FRA CTION THEREOF, NOT TO EXCEED A TOTAL OF TWENTY-FIVE PERC ENT (25%) OF THE AMOUNT DUE . WHICH EVER IS GREATER. I NTEREST IN THE AMOUNT OF EIGHTEEN PERCENT {18%) PER YEAR SHALL BE CHARGED ON THE AMOUNT DU E ONLY . -3- • I • 0 • • • , , .. ,. ,,..-. • • - B . No npaym en t . All fees a nd a ny accrued sur ch a rges s ha ll be a lie n up on t h e billed prope rty fr om the d ate said fe es become due until said fee s a r e pa id. The owne r of every structure or premises s h a ll be li a ble fo r the fees. whi ch hen or li a bility m ay be enfor ced by the City by a n action a t la w or s w t to enfor ce the li e n . In the case wher e the te nant in p ossessio n of a n y pre mi ses pays t he fees , 1t s ha ll relieve the property owne r fr om su ch o bli gat io ns a nd li e n . but t h e Ci t y s h a ll n ot be r equired to seek payment fro m a n y per son other t ha n t he property owner. No change of owne r ship s hall a ffect the applica ti on of t his Chapter, a nd the failure of any owner t o di scove r tha t h e purch ased pr ope rty against which a lie n for fee s or surcharge exist s s h a ll in no way a ffe ct hi s liability for s uch payment in full . Said de linque nt p ay ments . a nd the lie n created thereby , s hall be enforced by a sse ssment upon t he property a nd premises so served and certification thereof to t he Co unty Treas urer fo r collection. Sectjon 5. Safety C)auses The City Co uncil. her e by fi nds . d eterm ine s. a n d d eclares that this Ordinance is promulgated unde r the gener a l poli ce powe r of t he City of Englewood , that it is promulgated for the health . safety . a nd welfa r e of t he public. and that this Ordinance is nece ssary fo r the pr ese r va tio n of health a nd ·a fe t y a nd for the protection of public con ve ru ence a nd welfa r e . T he City oun ctl furth er d etermines that the Ordinance bear s a r a t io n a l r ela tio n t o t h p r ope r legis la tive obj ec t so ught to be obtained . Sectjon 6 . Se verabiljty If any cl a use. se n t e nce . pa r agra ph . or pa r t of t hi s Ordinance or the application thereof t o a ny pe r so n or cir cu m stances s hall fo r a ny r eason be adjudged by a co urt of competent j urisdiction in va lid . s uch Jud gme n t h all not affect impair or invalidate the r ema inder of tlu Ordina n ce or its a pp li cation t o other pe rsons or c1rcum stances . Section 7 Inconsistent Ordjnances All othe r Ordin ances or porti ons ther eof inco ns is t e nt or conflicting with this Ordinance or a ny poruon he reof are he r eby r e pea led to the exte nt of s uch incons is tency or co nfli ct . Sectjon 8 . Effect of repeal or modjficatjon The r e peal or modifi ca t io n of a n y provi s ion of the Code of the City of Englewood by t hi s O rdina n ce s h all not r elease . extinguish , a lter , modify, or change in whole or m pa rt a ny pe n a lty , forfeit ure, or lia bility , either civil or crimina l , which shall have bee n in curred unde r s uch provi s10 n . a nd each provision s h a ll be treated a nd held as still r emain i n g in fo rce fo r t h e purposes of s u staining any a nd a ll proper action s , s ui t s , proceedin gs . a nd prosec utions for the e nforce ment of the penalty. forfeiture , or li a bility , as well as fo r t he purpose of s u s taining a ny judgment, dec ree, or order which can or may b e r e nd er ed , ente r ed , or ma de in s uch a ctions, suits. proceedings. or prosecution s . Sectjon 9. &.n.a.ltx -The P e nalty Provision of E .M.C. S ec ti on 1-4 -1 s ha ll a pply t o each a nd eve ry violat ion of this Ordinance . Introduce d , r ead in full. and passed on fir st rea d ing o n the 17th day of J a nuary, 2000 . -4- • ) I • 0 ]- .. • ..• ... • - Published as a Bill for an Ordinance on the 21" day of January, 2000. Read by title and passed on final reading on the 7th day of February, 2000 . Published by title as Ordinance No . _, Series of 2000, on the 11th day of February, 2000 . Thomas J . Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk .. I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado. hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No . _, Series of 2000. Loucrishia A. Ellis -5- ' ' ,. . . I ., .. • 0 • • .. • , ... _· .. .. • • BY AUTHORITY ORDINANCE NO._:.. SERIES OF 2000 COUNCIL BILL NO . 2 INTRODUCED BY CO NC IL MEMBER GARRETT AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF A GRAN T OF PROPERTY FROM RACO FAMILY PARTNERSHIP. WHEREAS, RACO Family Partnerslup . Ri ch a rd L. Randall . Ge ne ral Partner has agreed to give the property de scribed on the attached Qwt Cla1ID Deed t o t h e City of Englewood , Colorado ; and WHEREAS , the purpose of this gift 1s t o pronde t he 1ty with a multi-use hike/bike/channel maintenance path; and WHEREAS, this gift will also help to co nserve t he cr eek ri par ian habitat a nd enhance the flood channel; NOW , THEREFORE , BE IT ORDAINED BY THE CITY COL1!1:C IL OF THE C ITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Sectjon l. The Quit Claim Deed for a piece of property contamrng approxunately 52,200 square feet , located on South Windermere. fr om RA CO . F a mil y P a rtner s hip to the City of Englewood , attached hereto as "Exhibit A." is here by acce pted a nd approved by the Englewood City Council. Introduced, read in full , and passed on first reading on the lith day of January . 2000 . Published as a Bill for an Ordinance on the 21 s t day of J a nuary , 2000. Read by title and passed on final reading on the ith d ay of February. 2000. Published by title a s Ordinance No. _, Series of 2000 , on the l lth day of F e bruary, 2000 . ATTEST: Thomas J . Burns, Mayor Loucrishia A. Ellis, City Clerk -I - • ., 0 10b ii I • 0 - • • .. • .,.,__. • l•. ~ ..... .,. • -' ' I , Loucrishia A. Ellis, City Clerk of the City of Englewood , Colo rado , hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and publiahed by title as Ordinance No. _, Series of 2000. Loucrishia A. Ellis -2- • .. ~ ,. .. ' ~ • ) I • 0 3 xi • • • ·• ,,-. • l • · .. ... • - QL"IT CL-\.I:\1 DEED THIS DEED. made th.is 13 day of DE C:. ~ S ~ , 1999, between RACO Family I..i.m ited Partnership 1601 West Belleview Littleton. Colorado 80120 of the County of Arapahoe and State of Colorado . granter, and THE CITY OF E>:GLEWOOD , COLORADO a Home Rule :VI unic1pality whose legal address is 3400 South E lat1 Street E ng!e"·oorl . Color a d o 8 0110 of the County of Arapahoe a nd State of Col or :id o. grantee . \\'1TNESSETH. That the grar.~or R.-1.CO ::i = y L1 m 1ted P a r mers lu p . fo r a n d :.n consideration of a donative t ransfer . the receipt and 5uffic1enc:: of wlu c:1 1s he re by ac ·.:,owle dged . has r emised. re leased . sold . conve yed and Ql"IT CL\.I:\IE D. a ::.' by hese prese nt.; do~:; re mise. r elease. sell. co n vey anc! QliIT CL.V::V! unto the gra n t ee . its heirs . 'ucces sor s and as.;1gns fo r ev er. all t he r ight, tlt e . interest. claim and demand "·ru c!l the gr:intor has m a nd to the real property . t og et h er wi t h improvements, if any . ,muate . lymg and bemg m t he Co unty of .\rapahoe and State of Colorado, described a s follo w North Parcel: The South 50' of Lot l. Bloc k l. Randall'; S ubd1v1s1 on F ili ng :-.o . 2. Cit y of En gle woo d .. \rapahoe County Co lorado Conta ining 25 .SOO 5q u are feet mor e or le ss South Parcel : The ~orth 50 ' of Lot l. Bl ock l. Randall's Subdivisio n Filing :S:o . l. Ame ndment ~o. l. City of Englewoo d , Arapa hoe Coun~y Colorado Contairung 26 ,-!00 square feet more or less. Said property co ntains 52 .200 square feet mor e or less and is located wi thin Arapahoe Coun ty Enterpri se Zone . TO HA VE A~D TO HOLD the same. t ogether with all and singular the ap p urtena nce s and privileges thereunt o be longing. or m anywise thereunto app ertauung , and all the estate , right . title . interest and claim whatsoe ver, of the granter. either m law or eqwty , to the benefit of the grantee. its heirs and ass igns forever . • I • 0 - • • • • -.. IN WITNESS WHEREOF, The grantor has executed this deed on the date set forth above . RACO Family Limited Partnership y.~~~~ Richard L. Randall. General Partner STATE OF COLORADO , } COUNTY OF ARAPAHOE ) ss . The foregoing instrument was acknowledged be fo re me tlus Z. 3:f ay of [).;c_. 1999 . by Richard L. Randall as General Partner of RACO Family Lim ited Partnershi p . My commission expires: Witness my hand and offic ia l s eal. \).\.'-Cl ~, 20(Y2.. -2- • ' . .. . ' I • 0 ] • • • ORDINANCE NO ._ SERIES OF 2000 • • • BY AUTHORITY COUNCIL BILL NO . 3 I TRODUCED BY COUNCIL :\1EMBER BRADSHAW AN ORDINANCE AMENDING TITLE 5 , CH.APTER 38 . SECTION 3 . OF THE ENGLEWOOD MUNICIPAL CODE 1985 . WHI CH PERTAINS TO LIQ UO R OCCUPATIONAL FEES. WHEREAS, in 1987 , the term ··occupational Fee"' was changed to "Occupational Tax·· by the passage of Ordinance ~o . 19 . Serie of 1987 : and WHEREAS , this was deemed a dva ntageous, at the tim e. due to the limi ts placed on municipalities by the State in assessing certain fe es; and WHEREAS, on June 21. 1999, the City Council approved Ordinance No . 33 on final reading, placing a TABOR question on the ~ovember election ballot regarding the a dd.it10 n of Occupational Taxes for certain types of liquor licenses; and WHEREAS, under TABOR , approval of a new tax must be obtained from the voter . wlu ch was achieved at the November 2. 1999 General Municipal Elect10n when the voters approved Referred Ballot Question ~o. 2A ; and WHEREAS, no Occupational Tax is reco mmended for the Bed a nd Breakfast cat e gory . s in ce alcohol is not sold, but served only to guests of the Bed and Break.fast; a nd WHEREAS, when the owners hip of a liquor license is transferred , the new owne r 1s credited for any occupation tax paid by the previous owner for the unex pired term of the previous owner's license: and WHEREAS . the Englewood City Clerk 's Office recommends that this be done on a day by day basis. rather than monthly, to better accommodate the applicant: a nd WHEREAS, the Englewood City Council reviewed this recomm e ndation a t the February 8. 1999 Study Session; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : Sectjon 1. The City Co uncil of the City of Englewood , Co lorado hereby a uthorizes a me nding Title 5, Chapter 38, Section 3, of the Englewood Municipal Code 1985, to r ead as follow s : 5-38-3: ANNUAL LICENSE FEES AND OCCUPATION TAX: A. Annual license fee s s hall be paid to the City as provided by State law , shall be paid in advance, and shall not be rebated or discounted on a proportionate basis for any license in existence or issued for less than a year. Said fees shall be in addition to a ny annual license fees or registration fees required to be paid to the State . • 10 b iii I • 0 ]- • • • • .•. • • B. The business of selling at retail any fermented malt beverage, malt, vinous or spirituous liquors, is hereby defined and separately classified as an occupation as specified below . The following annual occupation taxes are hereby established and shall be paid by the applicant or licensee to the City: 1. Retail liquor store l:ieeneee: $300.00 2 . Liquor-licensed drug store lieen9ee: 300 .00 3. Beer and wine l:ieeneee: 450 .00 4. Hotel and restaurant l:ieeneee: 650 .00 5 . Tavern l:ieeneee: 650 .00 6. Club i:ieeneee: 450 .00 7 . Arts l:ieeneee: 00 .00 8 . BREW PUB: i50 .00 9 . OPTIONAL PREMISES: 650 .0 0 10 . OPTIONAL PREMISES WITH HOTEURESTAURANT LICENSE: 100 .00 EA C H OPTIONAL PREMISES 11. BED AND BREAKFAST: 00 .00 12. MINI BAR : 450 .00 &. 13 . All licensees licensed to sell fermented malt beverages for consumption both on and off the premises: 950 .00 ~. 14. All licensees licensed to sell only fermented malt beverages by the drink for cons umption on the premises: 950.00 W,, 15 . All licensees licensed to sell only fermented malt beverages in their original containers for consumption off the premises: 300 .00 Said taxes shall be in addition to the annual license fees paid to the City and the State and shall be paid prior to the issuance or renewal of the City license . No refund of any tax paid in accordance with this Chapter shall be made to any person who discontinues or sells his/her business during the duration of the license : provided , however, that the new owner of any establishment, when approved a s the new licensee, shall be credited on a ~DAILY basis for any occupation tax paid by the previous owner for the unexpired term of the previous owner's license . 2 • • ) I • 0 --• • -.. In addition to any other remedy provided by this Chapter, the City shall have the right to recover all sums due and owing under tlus Chapter by any ci.,,;I remedy available under existing law . Furthermore, the provisions of Section 4-4-19 , Englewood Municipal Code, 1985 , "Unlawful Acts'", is incorporated herein and made applicable thereto. Section 2. Title Safety Clauses The City Council hereby finds , determmes. and declares that this Ordinance is promulgated under the general police power of the City of Englewood. that it is promulgated for the health. safety, and welfare of the public. and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determmes that the Ordinance bears a rational relation to the proper legislative obJect sought to be obtamed. Section 3 . Seyerabjljty lf any clause . sentence, paragraph. or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect . impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. Section 4. lnconsjstent Ordjnances All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 5. Effect of repeal or modification The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release , extmgwsh, alter, modify, or change in whole or in part any penalty. forfeiture . or liability, either civil or criminal, which shall have been incurred under such provis10n , and each provision shall be treated and held as still remaining in force for the purposes of sustainmg any and all proper actions, suits. proceedings, and prosecutions for the enforcement of the penalty, forfeiture , or liability , as well as for the purpose ofsustaining any judgment, decree, or order which can or may be rendered, entered. or made in such actions, swts, proceedings, or prosecutions . Section 6 . f.eDal1y. The Penalty Provision of E.M .C . Section 1-4-1 shall apply to each and every violation of this Ordinance. Introduced, read in full, and passed on first reading on the 17th day of January, 2000. 3 • ., • I I • 0 - • • .. • '"1\, .. • - Published as a Bill for an Ordinance on the 21st day of January, 2000. Read by title and passed on final reading on the 7th day of February, 2000 . Published by title as Ordinance No ._, Series of 2000 , on the 11th day of February, 2000 . Thomas J . Bums, Mayor ATIEST: Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado , hereby ce r tify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No . ~ Series of 2000. Loucrishia A . Ellis 4 ' . .. ... . ' I • 0 I • • • .. ,,-·· • ; .. ... • • BY AUTHORITY ORDINANCE NO ._ SERIES OF 2000 COUNCIL BILL :-JO . -1 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE A.1\fENDlNG TITLE 5. CHAPTER 3B , SECTION 10 , OF THE ENGLEWOOD MUNICIPAL CODE 1985 , WITH THE ADDITION OF A NEW SECTION 10 , PERTAINING TO OPTIONAL PREMISES LIQUOR LICENSE A:-.iD OPTIONAL PREMISES WITH HOTEL AN'D RESTAURANT LIQUOR LICENSE 1:-.J THE CITY OF ENGLEWOOD . COLORADO AND RE UMBERING THE CURRE:-.JT SECTION 10 TO SECTION 11. WHEREAS, a new Occupation Tax for Optional Premises Liquor Licen ses and Optional Premises with Hotel/Restaurant License was approved at the '.'/ovember 2. 1999 General Municipal Election: and WHEREAS, when such a license 1s made arnilable in a co mmunity , Co lorado Revised Statutes 12-47-310 (1), requires the governing body of the municipality to adopt, by ordinance, specific standards for the issuance of Optional Premises Liquor Licenses or for Optional Premises with HoteURestaurant Liquor Licenses : NOW , THEREFORE. BE IT ORDAI~ED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS : Section 1. The City Council of the City of Englewood. Colorado hereby renumbe rs Title 5, Chapter 38, Section 10 , of the Englewood Municipal Code 1985. as follows : 5-38-1& 11: DEFINITIONS : Definit10ns not specifically enumerated herem sha ll be as defined in Title 12, Articles 46 . 4i and 48 , Colorado Revised Statutes . Section 2. The City Council of the City of Englewood , Colorado hereby a mends Title 5, Chapter 38, by the addition of a new Section 10 , of the Englew ood Muru c1 pal Code 1985, which shall read as follows : 5-38-10: OPTIONAL PREMISES LIQUOR LICENSE AND OPTIONAL PREMISES WITH HOTEURESTAURANT LIQUOR LICENSE: A. STANDARDS ADOPTED . THE FOLLOWING STANDARDS FOR THE ISSUANCE OF OPTIONAL PREMISES LICENSES OR FOR OPTIONAL PREMISES FORA HOTEL AND RESTAURANT LICENSE ARE HEREBY ADOPTED PURSUANT TO THE PROVISIONS OF SECTION 12-47 -310, C .R.S. I. STANDARDS. THESE STANDARDS ADOPTED HEREIN SHALL BE CONSIDERED IN ADDITION TO ALL OTHER STANDARDS APPLICABLE TO THE ISSUANCE OF LICENSES UNDER THE COLORADO LIQUOR CODE FOR OPTIONAL PREMISES LICENSE OR FOR OPTIONAL PREMISES FOR A HOTEL AND RESTAURANT LICENSE . THESE TWO TYPES OF LICENSES FOR OPTIONAL -I - ., .. 0 10b iv I • 0 • • .. " ,,_.. • ,._ ,. • -' PREMISES WILL COLLECTIVELY BE REFERRED TO AS "OPTIONAL PREMISES" IN THESE STANDARDS U NLESS OTHERWISE PROVIDED . 2. ELIGIBLE FACILITIES. AN OPTIONAL PREMISES lVUY ONLY BE APPROVED WHEN THAT PREMISES IS LOCATED ON OR ADJACENT TO AN OUTDOOR SPORTS AND RECREATIONAL FA CILITY AS DEFINED IN SECTION 12-47-103(22)(a ). THE TYPES OF OUTDOOR SPORTS AND RECREATIONAL FACILITIES WHICH ~JAY BE CONSIDERED FOR AN OUTDOOR PREMISES LICE 1 SE INCLUDE THE FOLLOWING: a . COUNTRY CLUBS : b. GOLF COURSES AND DRIVING RANGES : c. ICE SKATING ARENAS ; d . MINI GOLF COURSE : e. WIMMING POOLS : AND f. 0 TDOOR TENNIS CO t..;RTS AND CLt..;BS . THERE ARE NO RESTRI CTIONS ON THE Ml IM U'.VI SIZE OF THE OUTDOOR SPORTS AND RECREATIONAL FACILITIE S WHI CH MAY BE ELIGIBLE FOR THE APPROVAL OF AN OPTIONAL PREMISES LICENSE . HOWEVER. THE ENGLEWOOD LIQUOR LICENSING AUTHORITY MAY CONSIDER THE SIZE OF THE PARTI CU LAR 0 TDOOR SPORTS OR RECREATIONAL FACILITY IN RELATIONSHIP TO THE NUMBER OF OPTIONAL PREMISES REQ ESTED FOR THE FACILITY, AND MAY DEJ\ry ANY OPTJO 1AL PREMISES APPLICATION IF THE IT CONSIDERS THE RELATED FACILITY TO BE TOO S'.\IIALL TO REQUIRE AN OPTIONAL PREMISES . 3 . NUMBER OF OPTIONAL PREMISES. THE ENGLEWOOD LIQ UOR LICENSING AUTHORITY , IN ITS DISCRETION, MAY RESTRICT THE NUMBER OF OPTIONAL PREMISES WHICH ANY ONE LI CENSEE MAY HA VE . ANY LICENSEE REQUESTING APPROVAL OF MORE THAN ONE OPTIONAL PREMISES SHALL: a. EXPLAfN THE REASON FOR EACH OPTIONAL PREMISES REQUESTED; b . DEMONSTRATE HOW THE OPTIONAL PREMISES RELATE TO EACH OTHER FROM AN OPERATIONAL STANDPOINT; c. DEMONSTRATE TO THE SATISFACTION OF ENGLEWOOD LIQUOR LICENSING AUTHORITY THE NEED FOR EACH OPTIONAL PREMISES IN RELATIONSHIP TO THE OUTDOOR SPORTS AND RECREATIONAL FACILITY AND ITS GUESTS ; AND -2- • " • ) I· 0 • • -. l• ... • • - .. .. d . DEMONSTRATE THAT THE OPTIONAL PRD11SES WILL NOT ADVERSELY AFFECT THE NEIGHBORHOOD IN WHICH IT IS LOCATED . 4. StTBMI'IT;\L REQllREMENTS . WHEN SUBMITTING A REQ UEST FOR THE APPROVAL OF A:-1 OPTIONAL PREMISES INITIALLY ,\ND ANNUALLY THEREAFTER. AN APPLICANT SHALL ALSO SUBMIT THE FOLLOWING: a. AN APPLICATION FEE PER OPTIONAL PREMISES AND THE LOCAL AND STATE LICENSE FEES : b. A MAP OR OTHER DRAWING ILLUSTRATING THE OUTDOOR SPORTS OR RECREATIONAL FACILITY BOL NDARIES AND THE APPROXIMATE LOCATION OF EACH OPTIONAL PREMISES REQUESTED ; c. A LEGAL DESCRIPTION OF THE APPROXI:VlATE AREA \.VITHI. 1 WHICH THE OPTIONAL PREMISES SHALL BE LOCATED : d . A DESCRIPTJO 1 OF THE METHOD WHICH SHALL BE USE D TO IDENTIFY THE BO .NDARIES OF THE OPTIONAL PREMISES WHE'.'J IT IS IN US E ; e. A DESCRIPTION OF THE PROVISIONS WHICH HAVE BEEN MADE FOR STORING vlNOIJS AND SPIRITl..iOUS LIQ OR IN A SECURED AREA. ON OR OFF THE OPTIONAL PREY!ISES , FOR THE FUTURE USE OF THE OPTIONAL PREMISES; AND f. A DESCRIPTION OF THE METHOD WHI CH WILL BE uS ED TO IDENTIFY AND CONTROL THE OPTIONAL PREMISES WHEN IT IS IN USE. FOR EXAlvlPLE . THE APPLICANT l\1AY DES CRIBE THE TYPES OF SIGNS , FENCING OR OTHER :-.IOTICES OR BARRIERS TO BE USED IN ORDER TO CONTROL THE OPTIONAL PREMISES . 8 . ADVANCE NOTIFICATION . PURSUANT TO SECTION 12-4i-310(3) AND (4). C .R .S ., NO ALCOHOLIC BEVERAGES MAY BE SERVED ON AN OPTIONAL PREMISES WITHOUT THE LICE'.'JSEE HA VlNG PROVIDED WRITTEN NOTICE TO THE STATE AND THE ENGLEWOOD LIQ UO R LICENSING AUTHORITY . C . NOTICE AND HE:\RING PROCEDURES . THE NOTICE , STANDARDS AND HEARING PROCEDURES OF THE ENGLEWOOD MUNICIPAL CODE 5-3A-5 AND THE COLORADO LIQUOR CODE SHALL BE USED . Sectjon 3. Safety Cjauses The City Council , hereby finds . determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health . safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public converuence and welfare . The City Council further determines that the Ordinance bears a rational relation to the proper legis lative object sought to be obtained. -3- I . 0 • • .. • -• J •• .. • -... Section 4. Seyerabi)jty 1f any clause. sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment s hall not affect impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. Section 5 Inconsjstent Ordjnances All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 6. Effect of repeal or modification The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release , extinguish, alter. modify, or change in whole or in part any penalty, forfeiture . or liability, either civil or criminal, which shall have been incurred under such provision. and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings. and prosecutions for the enforcement of the penalty, forfeiture , or liability, as well as for the purpose of sustaining any judgment, decree , or order which can or may b e rendered, entered, or made in such actions, swts. proceedings, or prosecutions. Section 7. &.naJ.b:. The Penalty Provision of E.M.C . Section 1-4-1 s hall apply to each and every violation of this Ordinance. Introduced, read in full, and passed on first reading on the 17th day of January . 2000 . Published as a Bill for an Ordinance on the 21st day of January , 2000. Read by title and passed on final reading on the 7th day of February,2000. Published by title as Ordinance No. _, Series of 2000 , on the 11th day of February, 2000. Thomas J . Burns, Mayor ATIEST: Loucr1Shia A . Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No. _, Series of 2000. Loucrishia A . Ellis -4- . ~ . .. ) I • 0 ----------------------~--------.. .. .---------~------------ • • -. ,. -· • • - COUNCIL COMMUNICATION Date Agenda Item Subject: February 7, 2000 Award Contract for Safety 10 c i Services HVAC Unarade INITIATED BY: Department of Public Works I STAFF SOURCE: Ken Ross. Director of Public Wor1<s COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council previously approved funds in the Public Improvement Fund (PIF ) to upgrade the Safety Services Building HVAC system in the 1996 , 1997 , and 1998 City of Englewood Budgets . RECOMMENDED ACTION Staff seeks Council approval , by motion, kl award a contract to upgrade the Safety Services Building HVAC system in the amount of $385,260 .00 to the low bidder. American Mechanical Service for the Base Bid plus Alternates 1 and 2 . Additionally , staff seeks Council approval to utilize funds not to exceed $24 ,000 from the Miscellaneous Infrastructure Repair Account to cover any change orders or contingencies that may develop during construction . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The existing HVAC system in the Safety Services facility is the original system that was built in 1972 . The existing system requires continual repairs and monitc nn g while providing below expectation heating or cooling . In order to eliminate these conditions , our mechanical engineering consultants have recommended that a new system be installed. Four mechanical contractors responded to our request for bid proposals , as detailed in the attached Bid Proposal Tabulation. The low bidder, American Mechanical Service , has been providing maintenance services to the existing HVAC system at the Safety Services Building . The Base Bid provides for the removal of the existing system and replacement with a new system as specified by our mechanical engineer. Alternate 1 provides for replacement of the HVAC system at the Jefferson Fire Station in conjunction with replacement of Safety Services ' system. Alternate 2 provides for installation of Direct Digital Controls (DDC) as part of the system, which will allow for maximum flexibility and control to provide heating and cooling on demand . We do not recommend proceeding with Alternate 3 at this time, which would have added about 20 square feet of additional storage space at approximately $200 per square foot. FINANCIAL IMPACT There are sufficient funds in the Safety Services HVAC Public Improvement Fund account to cover the base bid plus Add Alternates 1 and 2 . If contingencies arise , we request Council to authorize staff to use funds from the Miscellaneous Infrastructure Repairs account to cover any justifiable changes or modifications that develop after work begins . LIST OF ATTACHMENTS Bid Tabulation Sheet • • ) ., I • 0 ' • • (. • • ,) City of Englewood bid tabulation sheet Bid Opening Date: 12/22/99 Bid Nem: SIS Complex Major HVAC Renovation C ----.------.. . ----------- Action Air, Inc. American Mechanical Service X AMI Mechanical, Inc. X EnterprlH Construction X Frontier Mechanical GEi Electric, Inc. Priest Englnffrlng Set Point Systems Corp Southland Industries Southland Industries WHtco Systems W•tem Bulldlna Servic• X N/R • NO RESPONSE • • 0 ---------------- $ 231,750 .00 $ 122 ,990 .00 $ 277,875 .00 $ 152 ,735 .00 $321 ,199 .00 S 97,461 .00 $ 295,358 .00 $ 166 ,250 .00 ------------------------. -···- s 30 ,520 .00 s 3,980.00 s 389,240 .00 s 30 ,025.00 $ 6 ,575 .00 $ 467,210 .00 $ 30 ,157 .00 $ 4 ,833 .00 $ 453 ,650.00 N/R N/R N/R N/R N/R N/R \ N/R $ 55 ,200 .00 $ 9,082 .00 $ 525 ,890.00 I • • • ~ .. . , • ~ ---. • ~· • -' COUNCIL COMMUNICATION Date Agenda Item February 7, 2000 INmATED BY: STAFF SOURCE: De artment of Public Works Ken Ross. Director of Public Wor1<s t COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council previously approved funds in the Public Improvement Fund (PIF) to upgrade the Safety ,....,l \J ::::::;::::H::~;:stem in the 1996 , 1997, and 1998 City of;~glewood Budgets. Ai~ Staff seeks Council approval, by motion, IQ award a contract to upgrade the Safety Services i Building HVAC system in the amount'of $385 ,260.00 to the low bidder. American Mechanical Service for the Base Bid plus Alternates 1 and 2 . Adilllon1ly, Sllff seeks Council approval to , ~ ~ not_, lmNld .$2~.ooo f~ the Miscelaneous Infrastructure 'Repair Account to cover I v lill a.,g. orders or conlng11 lcles '* may develop cblng construclon. : · ~,.. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIEDi '. The existing HVAC system in the Safety Services facility is the original system that was bu il t in • \ 1972. The existing system requires continual repairs and monitoring while providing below expectation heating or cooling . In order to eliminate these conditions, our mechanical engin eering consultants have recommended that a new system be installed. Four mechanical contractors responded to our request for bid proposals, as detailed in the attached Bid Proposal Tabulation. The low bidder. American Mechanical Service , has been providing maintenance services to the existing HVAC system at the Safety Services Building. The Base Bid provides for the removal of the existing system and replacement with a new system as specified by our mechanical engineer. Alternate 1 provides tor replacement of the HVAC system at the Jefferson Fire Station in conjunction with replacement of Safety Services' system . Alternate 2 provides for installation of Direct Digital Controls (DOC) as part of the system, which will allow for maximum flexibility and control to provide heating and cooling on demand. We do not recommend proceeding with Alternate 3 at this time, which would have added about 20 square feet of additional storage space at approximately $200 per square toot. FINANCIAL IMPACT There are sufficient funds in the Safety Services HVAC Public Improvement Fund account to cover the base bid plus Add Alternates 1 and 2. If contingencies arise , we request Council to authorize staff to use funds from the ~cellaneous Infrastructure Repairs account. \o cover any justifiabl changes or modifications that develop after wor1< begins . ·,... • • • 1f ~ '1V ~ ~ USTOFATTACHIIENTS ~ ~ / t'?'~~ B~T-~S-r » ~ ot ~~~ • I . 0 • • • .. • .. .. • • COUNCIL COMMUNICATION Date Sub;ect February 7 , 2000 10 c ii Purchase of a 3.4 Ton P ickup Truck NTIATEDBY Utilities Department STAFF SOURCE Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION -..,~ .. ~of one, 2000 Chevrolet ~-ton pickup truck from Subaru, Inc. In the amount of $24.666.00. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The proposed 3i4-ton pickup truck is used for Allen Plant and Mclellan Reservoir maintenance . The new truck is a replacement for the existing 3i4 ·ton pickup truck , #1327, according to CERF replacement schedule. The new truck will be a 4·wheel drive. 3i4 ton as an upgrade from the existing 1991 2-wheel, 1h ton truck. The Purchasing Department, per State Bid #07048YYY14M rece ived bids. FINANCIAL IMPACT King Oldsmobile GMC Subaru, Inc. is the recommended bidder at $24,666.00 . It has been approved in the 2000 Budget for CERF replacement. UST OF ATTACHMENTS None • I . 0 - • • • RESOLUTION NO;, SERIES OF 2000 ,. . . , ~ -· • • • .. .. ... //ti A RESOLUTION AUTHORIZING AN AGREEMENT ESTABLISHING A LINE OF CREDIT FOR THE CONTINUANCE OF THE HOUSING REHABILITATION FUND . WHEREAS , the existing line of credit for the continuance of the Englewood Housing Rehabilitation Fund has expired ; and WHEREAS , a new line of credit is needed in order to continue the Rehab Program at its maximum funding levels; and WHEREAS, the City of Englewood assumed all assets and liabilities of the Rehab Program from the Englewood Housing Authority ; and WHEREAS, the passage ofthis Resolution will authorize an agreeme nt betw ee n Vectra Bank and the City of Englewood for a new line of credit whic h will s upp ort the Ho usi ng Rehabilitation Fund; NOW , THEREFORE. BE IT RESOLVED BY THE CITY COUNC IL OF THE CITY OF ENGLEWOOD, COLORADO. THAT : Section 1. The Agreement for the new line of credit for the Housing Reha bilitation Fund between Vectra Bank and the City of Englewood , Colorado, attached as ·'Exhibit A". 1s hereby accepted and approved by the Englewood City Council . Sectjon 2. The Agreement shall terminate on December 31 , 2000 . Three (3) a dditiona l one (1) year periods may be negotiated by the City Manager or de s ignee . Sectjon 3. The Director of Financial Services is authorized to execute and the City Cle rk to attest and seal the Agreement for and on behalf of the City of Engle wood. Co lorado . ADOPTED AND APPROVED this 7th day of February, 2000 . Th omas J . Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis , City Clerk for the City of Englewood . Colorado , hereby certify the above is a true copy of Resolution No._, Series of 2000 . Loucrislua A. Ellis • "· ' ) I • 0 - • .. . - • .. • • .. COUNCILCOMMUNCATION Date Agenda hem Subtect February 7, 2000 Resolution establishing a li ne of credn 11 c i for the continuance of the Housing Rehabilitation Fund lnltlllted By I Staff Source Citv of En!llewood, Financial Selvices Darianment Frank Grvqlewicz. Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council has long supponed maintaining and improving the housing stock in the City of Englewood . City Council approved Ordinance 23, Series 1999 providing for the City assuming all the assets and liabilities of the Rehab ilitation Program from the Englewood Housing Authority. City Council approved Ordinance 26 , Series of 1999 which establ ished the Housing Rehabilitation Fund. The rehabilitation program uses a line of credit to assist in funding its proJects . RECOMMENDED ACTION Staff recommends Council approve the attached resolution approving an agreement with Vectra Bank for a new li ne of cred it to suppon the activities of the Housing Rehabilitation Fund. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIRED The City created the Housing Rehabilitation Loan Program (Program) in 1976 to preserve the existing housing stock in the City, and to address the problems al low-income families with the financing of major repairs . The Program was administered through the Englewood Housing Authority until early 1999 when the City of Englewood established the Program as an Enterprise Fund. The City then assumed all the assets and liabilities of the Program . A major component of the success of the Program is the suppon from the banking community. Various lines of credit since 1977 totaling over $3 million have been extended to the Program from local banks with Vectra Bank currently acting as the lead bank. The line of credit agreement being presented here is essentially identical to the agreement that the Authority operated under prior to the transfer to the City . RNANCIAL IMPACT None UST OF ATIACHIIENTS Proposed resolution Line of Credit Agreement • ,• • I ) I • 0 • • .. " ,,-. • . ,. • - January 2S, 2000 The City of Englewood -The Housing Rehabilitation Fund 3400 South Elati Street Englewood , CO 8011 0 To \Vhom It :\fay Concern : We are pleased to in form you that. effecti\·e February 7. 2000 . Vecrra Bank Eng!e\\OOd ("Bank") has approved rhe requesr of The Ci~· of Englewood -The Housing Rehabilitation Fund of Englewood . Colorado ("Borrower") for a ne \\ S4 00.000.00 dra\\ down credit fac 1h l:. in accordance with and subject to rhe tenns and condi lio ns of lh1s Letter . .\greement ( t!1:s "Agreement"). I. 2. 3. 4 . Amounts : The total principa am ou nt ou tstJnding :n :m ~ time shall not e\ced S4 00.000 .00. Borrower : The Ci~· of Engle"ood -The Housin g Rehabilitation Fund . a Colorado public ent ity . Purpose : Subject to the tenn s and conditions of this Ag reement. . .\d\·:inces (ind ivid ua lly. an "Advance" and collect i\·ely. " . .\d\·ances") of the proc eeds oi the Lo ans have been or shall be disb ursed to Borrowe r solel y fo r the purpose of enab li ng Borrower to make property re habilitation loans to low and moderate inc ome home owners ("Homeowners") of primari ly owner-occupied and owner,in,·estor residential propert ies located in the City of Eng le\,ood. Colorad o . Fo r purp o es of this Agreement. low income Homeowners are those whose household inc ome 1s greater than 50~ o and less th an S0° o of the medi:in income fo r similar!~ -si zed iam 1li es in the C it: oi Eng!e\\ood, Colo rado . and moderate income HomeO\\ners Jre those whose household income is at le:ist S0° o. but not more than I 00" u. of the median income for similarl y sized fami lies in En glewood. Co lo r:ido . Resi dent1J l pr ope:w:s for which Loan pr oce eds hJ\ e been or will here:ifter be disbursed :ire here in ner referred to as "Reno,·ated Propemes ") . Advances : Each . .\d\·ance rece i\ ed b~ Borro\, er has been or sh all be disbur sed b~ Borro wer to or for the bene fit of the Homeowner ls) of a Renovated Propert~ dunng th e construction phase of a rehab 1 itat io n project appro,·ed by Bank ( .. Reh:ib1 itation Projec t"). Such a disbursement by Borrower is her einafter re ferred to as an ··tnrerim Homeowner Loan ". Cpon comp le tion of each Rehabilitation Project. the Interim Homeowner Loan shall be or ha s been con\·erted ro a permanent loa n ( .. Pennanent Homeown er Loan ") with month ly pa:ments based on a fully-amort izi ng schedule not to exceed twenty (.'.:O) years . E:ich Int erim and Perm anent Homeowner Loan (some ti mes collecti vel y and int erchangeably re ferred to here in as a "Homeowner Loan ") is e,·idenced by a Promisso~· ~ote from the Ci~' of Englewood -The Housing Rehabilit:ation Fund to \'ectraB:ank is signed by the Director of I! )r .. I e I T A ) ' . ' I • 0 - • • -• ·c----------------------------~ • ; .. .. • -... Community De,,elopment plus au Assignment of Deed and a blank endorsement by the Director oo the back side of the homeowners note to the City. In addition the documents signed by the borrower and a copy of the approved Rehabilitation Loan Criteria Sheet and the Site Specific Environmental Check List, subject on!: to Permitted L iens (as defined in Subparagraph -+{..\)(vi) below). A. Undisbursed Portion. AdYances wi ll be d isbursed to Bo rrower from the Closing (as defined below) through and including December 31 , 2000 , upon written request of Borrow·er and upon approval by Bank: pro vided. that (i ) no such Advance shall exceed the amount of the Homeowner Loan for which funding is sought. (ii) Advances shall not, in aggregate. exceed the sum of $400 ,000 .00 . Bank will not approve an :\dvance if an hem of Default o r pending hent of Default exists hereunder. Each request for an Ad,·anc e by Bo rr ower shall be ac companied b: the foll owing documents and information reg:irding the HomeO\\ ne~ Loan to be funded by the requested :\d\ :mc e. all o f \\ h1ch d o cuments sh;i ll be in fem, JnJ substance satisfactory to Bank : (i) An anal ysis. perfo rmed b: a Colorado lice:ised Re:il to r used by Bo rr O\\ er and acceptable to Bank. ev idenced th:it. after complet ion of the R ehabi litat io n Project. the aggregate LTV rat io of the Reno·. ated Pro perty is not greater than 90°'0 (with LTV rat io being defined :is the quotient \\ ith a nume~ator equal to the sum of all Permitted L iens (as defined below) p lus the subj ect . .\d, ance and with a denom inator equal to the market va lu e of the Re novated Pro perty: (ii) A copy of Borrower's internal unde!"\\ ricing w o rks heet shO\\·ing Bo rr O\\er's loan-to-value ratio for the Reno ,·ated Property: (iii) A copy of the Truth-in-Lending D isclosure Statement issued to the Homeowner by Borrower; (iv) The original Homeowner '.\iote . endorsed in blank. in an amount equal to the Advance requested : (v) A cop y of the recorded Homeowner Deed of Trust securing repa yment of the Homeowner ~ote; (vi) An Al T . .\ extended coverage mortgag ee·s ti t le insurance policy. w ith such endorsements as Bank may require. is s ued by a titl e in surance c ompan:' satisfactory to Bank in the amount of the requested ..\d,ance insuring the lien of the Homeo,\ ner Deed of Trust to be a , al id and enforceable lien upon the Renovated Property. subj ect only to suc h exceptions as Lender ma y expressly approve in writing (such appro\ed except ions being he~e in re fe rred to as "Permitted Liens "); 2 ' ) I • 0 I - • • • .. ~ __. • • -.. (vii) Evidence that the Homeowner has provided policies of tire and extended coverage of the Reno vated Propeny from an insurance company approved by Bank in an amount not less than the requested :\dvance with st:mdard. with o ut contribution. mongagee ·s loss payable endorsements in fa\'or of Borrower : (viii) A Term '.\iote executed by Borro wer and payab le to the order oi Lender in the Amount of the Adv:mce , substant ia ll y in the form of Exh ibi t "B " he reto : and (ix) Such other information and documentation as Bank ma y reasonab ly request. 5. Interest: 6 . A. Rates: Except as pro\·ide d belo\\' in Paragraph 6. inte rest sh a ll JC rue on :he ou!Slanding princ ipal balance at the ra t set fonh in the T e:,n >Otes J1:J executed and del i\ ere ct ;' Bo rr a,\ er to Bank t'r e:ich .-\J, Jn e The 1nt:~eSl rate shall be 8.50 % per :mnu m. subj ect 10 annual ad j ustment ;;s out in J ' lo" On December 31st of each year, the intere st rate shal l be ad j usted to equal \\'JI ! Street Journal published Prime Rate (as define d in the no tes ) plus 1.5" o ilm<"s 6 7% (rounded up to the nearest I 4 ~o). B. Payment: All accrued interest shall be payable month ly in arrear s oi the tenth day (10 th ) of each mont h (each such date. in s<"quence . be in: referred to he rem as an "Interest Pa yment Date"). If any Interest Pa ;'ment Oat is not a Ja:-upon which Bank is op<"n fo r bu siness ("B:ink Business Da:-"). Borr o11e r"s monthly interest payment shall be due on the ne.,1 succeed ing 8.mk Business Da ;' ·h exten s ion of time shal l. in such case. be inc ude d in the comput:rn on ot" mte ~est due and pa yab le to Bank . Inter est sha ll be ca lculated on a ~60 -d.i _ ;' e:ir Js1s and ac tual da:-s elapsed fr om di sbursement d ate unt il paid ( includm: first dJ;' out . excluding the last day). Defa ult interest shJ ll J crue and be pa;' able as se t fonh in the Term '.':a tes ("Term '.':ates ") . Loss of Tax Exempt Status : Lpon a Determ inat io n of Taxab ilit;-(as deiined below), and as long as there has been no Event of Defau lt by Borrower. the pam es hereto agree that all terms and condit ions of this Agreement will remain in full force and effect , except that the interest rate applicable to all of the Term '.',iotes shall equal one and one-founh percent (! .25°10) per annum in excess of Wall Street Journa l Pnme Rate (the ··Change Rate"). Borrower agrees that Bank shall recalculat e th e inte res t becoming due and payable on the Term '.':a tes from the Change Date t as defined below) at the Change Rate . For purposes of this Agreement. the following cap ita lized terms shall have the meanings designated below : 3 I • 0 • • • ,. ,,,-. • t-, .. • -.. A. ··Determination of Ta.ub 1li t_ ·· shall be deemed to ha\·e occurred if (l) the Internal Re\·enue Service or an y other go\·emmental agenc y ha\ mg :i.ppropnate jurisdiction (''Ta..xing Authorit y") has issued a notice of prop o sed adi ustment or other notice to Bank or an y other lender part icipating in the Loans (''Partic ipant '·) stating that an E\'ent of Taxabilit . (as hereinaner detined ) has occurred . 8 . An ''E\'ent of Taxability"' sha ll be deemed to mean an y event which causes or results in the interest to be included in the gross income of the holdens) o f or any Partici pant in the Tenn ~otes. C. The "'Change Date .. sha ll be the date upon which Bank or an y Part ic ipa nt receives a Determ ination o fTa..xabilit y . 7. Maturi~·: The maru rity date of each Term :--:ore sh ::ill co rre sp ond \\ Il l the respecti\·e matu ri ty da te of th e nd e~lying Home owner >Ole. subJe~: tO a m:1x !m,1m maturit y date o f twent ::, {20) ye.:m fro m th e d isbu rsement dJ te of the corres po nc in = Ad\'ance hereunder. In th e e\·ent there has been no E\ ent of Deiau t :-.e reunder :m d Jll interest and princ ipa l pay ments ha\ e bee n ma de on J ume l::, bas is . B.mk \\ ill 11 ot unreasonabl y den y a reques t fr om Borr ower fo r e:-.tens 1o ns o r rene,\ :i ls 011 outstanding Tenn '.\ores . subjec t to Bank ·s th en c uswm ar::-c red 1: st anda rds and requirements for loans similar to the Loans of Borr O\\·er. In no e vent sha ll :my such extens ion or renewal of an ind i\'t dual Tenn :-.;o re ex tend be yo nd th e e:ir li er o f t I ) twent y (2 0) years from the disbursement date of the .-\J\ anc e e\·1de nce d b::, th e T mn ~ote for wh ich an ex tension is re q uested. or (ii) the ma tunt::, dJte o f the unde r!::, mg Homeo\, ner :-,.;ote . 8. Pa,·me nt s : Princ ipa l pa::-ments will be due unde r Loans as set fo rth in the Term ~ates and upon maturity of the Tenn ;\otes, whether by acce lera t o n or other-, 1s Borrower will collect monthly pa::,ments from the ind i\·i du al Ho meo,\ ne rs h:ib e fo r repayment of each Homeowner '.\ote and will rem it such pa::-m e;m to BJ nk for application to interest and princ ipal due under th e co rr es po nd in,, Term :"(ote Whether or not the individual Homeowners rem it the ir mo nt hly pa::, ment s to Borrower, Borrower shall be obligated to make all princ ipal and 1n ere st pa ::, ment s due to Bank under the Term :s.;otes on a timel y bas is . .-\11 p:i yme nt s requ ired und r this Agreement shall be tendered to Bank prior to I :00 p .m .. De n\ e~. Col orad o. t me of the date due and shall be made in immed iate ly 3\ ai la b le funds . If an y pa::-me nt 1s not made in immediately availab le funds. Bank re sef\ es the n gh t to credn Borr o" er for such payment when the funds are deemed a\·atl ab le in l co rd::i:1ce "1 h BJn!--'s availabilit y guidelines then in effec t or. at Bank 's o pu o n. \,hens ~ fund s be ome collected funds . 9 . Prepa v ment : The Loans ma y be prepaid in fu ll or in pan :m y ttme :m d fr om 1m.: to time . All prepa yment s sha ll b.: app li ed fir st to accru ed inte rest and then to h npa1d principal Loan installments in in,·erse order o f schedu led mat urate s. In the e\'ent o f • ' ., .. I • 0 - • • -• .. • • • prepa)ment of an underlyi ng Homeowner Loan. Borrower shall remit such pre;,:ll d funds to Bank for appl ic at io n to the re la ted T enn :-.iote . \Vhen an indi\"ldu:i l Homeowner :-Jote is paid in full and the re m ittance has been properl y tendered o bank. the Homeowner . ·ore and re lated Homeowner Loan tiles shall be returned by Bank to Borrower. with an endorsement. if necessary . executed by Bank . 10 . Securitv : Borro we r shall secure repa~ment o f the Tenn '.\'otes . each . .\d,·ance. and every modific:ition, extension. renewal or refinanc ing thereoi. if an~. and the performance o f all obligations of Bo rrower and the compliance by Borrower w ith all conditions. representations and warranties set fonh in this ..\greemem . and al l other documents executed b~ Borro ,~e r in connection herew ith . by endo rsing . "ith rec ours e and in blank. and de li,·ering to Bank e:ich origina l Home o" ner :S:ore. :md b~ ass igni ng and transfemng to Bank the be:1eiic 1a l 1merest gr:mted o Borro,, er undt'r all Ho meowner De eds or Trust securing repa ym ent of eac h Homeo " er :S:ote The Homeowner :\otes :ind Homeo" ner Deeds of Tru st :m~ som e l!me here:n ier re:·e :-:-eJ to as the ··securit~ ... Borro,, e:-shall e:-.ec:.ir st ch doc 1me:1t uo n JS B n k r:, ~ request in order to effecr Jte Bo rra ,, e,·s pleJg or a ll or the Sen nt ~ to B.1:1!-.. inc luding. w ithout limitation. J co lbter:i l :i551gnme:11 1--Collater:il . .\ss1~nment .. ) or":i"-. Homeowner De eds of Trust in form and subs tance ac ce pt:ib le to Bank . B rr o,._ e:- hereby confirms and agrees that. up o n req ue st of Ba nk. B orro,, er shJ I e:-.ecute .1r:d deliYer to Bank ind i\"idual collateral assignments. in recordab le form and substJnce satisfactory to Bank. of any or a ll Homeo\\"ner Deeds of Trust securing repJyment or· Homeowner Notes and H omeowner Deeds of T rust '.\'ote arising from o r re la in :o to each future Ad\"ance of Loan . Doc ument:it io n for all Homeowner Loans. including the Homeo wner :\otes and Homeowner Deeds of Trust. shall be sub3ect to the appro,·al of Bank ·s legal counsel. and shall be de h e:-ed b. Borro,, er to B ank pri or to or w ith any request for an . .\d,·:ince re!Jt in" to e:ich such Homeo " ner Lo:in . Borrower sha ll m:ike an~ mod1 1ic at io n or add mo ns to the documenr:iu o n for a ll Homeowner lo:i n s ,,hich B ank reas o nab ly deems necessary or app ro pnate . 1 1. Deliogueocv/Deficieocv Reserve : Lpon execuuo n of thi s . .\greement. Bor.o._, :- shall depos it fu nds in a sum equ:i l to e igh t percent 1S0 o) or"the outsr ~nding :im o um o r the Loan in a separate. interesr e:irnmg de;,osit :ic ount( s I at Bank ,, h1 h sh II oe known as the Delinquenc:: Deii cienc~ Resen·e . lib: the ,,ent ie th r.:u 1h1 J:i: or Jn: month an amount sufficient eno ugh fo r Bo rro\\ er to make fu ll payment of pnnc:p:11 and interes t then due to B ank has not been rece iv ed in the form of pa:ments from the Homeowne~s, Bo rr ower will dr:i,, from the Delinq uenc y Defic iency Resef"\ e . :ind p:i:,, the Bank, the amount necessary to co,·er the full payment ('"R esef"\·e Pay ment .. ) then due under of the applicab le Ho meo wner '.\o re . If. after re mittance of a R esef"\·e Payment to Bank, a Homeowner subs equent ly rem ns :he same in st:illment payment o Bo rrower, such Homeowner payment shall be deposited b y Borrower in the De li nquenc y/Deficiency Resen·e. I f Bo rro,, er forecloses any Homeowner Deed of Trust. and if the proceeds of such forec losu re :ire insufficient to full y repay the princ ipal and interest on the . .\d\"ance from wh ich the Homeo ,\ ner Loan was made, Borrower will draw from the De li nquenc~ Deiic ,ency R esef"\·e and pay to B:ink an 5 ) I • 0 J • • • • ~ ,,- • ·~ • -.. amount equal to the resulting deficiency. The Delinquency1Defic ienc y Reser,e shall be maintained at eight perc ent (8%) of the outstanding balances at all times until the Loans are paid in full and must be replenished b y Borrower i f draws are made due to a delinquent payment or deric ient foreclosure as described above . Excess balances in the Delinquency Deficiency ReserYe returned to Borrower will be targeted back into the Housing Rehab ili tat io n Program in accordance with applicable program regulations, guidelines. or requirements. \\lhenever the Delinquency1Deficiency Reserve is at its required amounts, interest earned thereon and interest and other charges paid to Borrower on all Homeo\vner Loans in excess of amount owing by Borrower to Bank under the Term Notes shall be the unresnicted property 01 Borrower. The interest gained from the Delinquency 'Deficiency Re serYe w i ll be targeted back into the Borrower's Housing Rehabilitation Program in accordance •.\ 1th applicable program regulations , guide li nes. or requirements unless such interest 1 required to replen ish the resen e account in accordance \\ ith this Paragr ap h . 12 . Closing : A! 01" prior to losing. Bo rr o,\ er shall de li ver to Bank th e iol!o ,, mg. in :i; r.:i and substance satisfactory to Bank : A. This . .\greement : B. The Collateral . .\ss ignment descnbed in P :ir:igrap h 10 abo, e : C. CCC-I Financ ing St:itements co, ering the Securi ty for rec o rding and. o r i lm g in all appropriate Jurisd ict ions : and D. Any other documents and opinions as reasonably required by Bank . All of the ab ove instruments and documents are hereb y incorpo rate d reference herein . 13 . Borrower's Representation. Warranties and Co,·enants : Borrower represents an d warrants to and covenants with Bank that. as of the date of this Ag reemen t. as long as any indebtedness hereunder remains outstanding and as of the date an y Ad\·anc e hereunder is requested and :iccepted : A. l'io \"iolatioo of Other Agreement : There is no prov ision of any agreement o r instrument to which Borrower is or will be a pany or by whic h it is bo un d o r affected which would be contra\·ened or \ iolated by any of the representa u o ns . warrant ies. covenants o r agreements made o r ac uo ns to be taken hereunder b~ Borrower; B. Adverse Proceedings or Agreements: There is no action. proceed ing . arbitration or invest igation pending at law or in equity or before an :. governmental agenc y or instrumentality or, to the knowledge of BorrO\\er. threatened against or affecting Borrower or the Security or existing default b~ 6 • ) I • 0 - • • ' . ., ~· • • - .. .. Borrower under any lease or agreement which might materially Jdversel y affec t the value of the Security or Borrower"s ability to perform its obligJtions to Bank. continuing operations, business assets , propenies or condition (finJnc ial or otherwise). In the event such action. su it , proceeding. arbitrat io n. invesngation or defau lt is pending or threatened in th e future . Bo rr o wer shall provide Bank w ith immediate not ification and the detai ls thereo r: C. Organization: Autbori~·; Power; [tc.: Bo rr ower ( 1) is Jnd sha 1 continue to be a governmental en tity or gan iz ed. va li dly ex ist ing and in good stand ing under the laws of Colo rad o. (ii) has and shall continue to have the po" e r and authonl: to own its assets and ro c:my out busin e ss in e,·ery juri sd icti o n in "h1 h the nature of as business or its pro penies make such q u:i I lic:ll!on r.ece s;Jr;-J S no " or then be ing conducted. and (ii i ) is and shall continue to ' e . in J ll mJte;ial respects , in comp liance ,, ith all la,, s . reg ulat io ns . o rdmances. J nJ orders 01· public authorit ies app li cable to it : D. Validit)' of Loan Instruments: T he executio n. deliwry an i ? ,,·c,rr1Jn : Borrower o f thi s . .\greement. the indi , idua l Term '.:otes. he C oil:1t Assignment. and eac h and every d ocument inc id ent the:-et o J r.' heret o 111 Jr: within the powers of Borr ower. (ii ) ha,·e been du ly :i uthonzeJ b: :iil requ1s1te actions on the pan of Borrower. (iii ) do not req uire :1dd111 on:il ::ippro , :il or· .m :- govemmental authorit y. and (i,) do not viol:ite :m:-pro\"l s ion of 1:i,,. :i ny o rder of any coun or other go, ernment:i l auth ont:. the .-\rn.:les of lncorp o r:i tio n. bylaws or any agreement. instrument or other unden:ik mg to ,, h1ch Bo rr o ,, er is a pany. or which purpo ns to be bind ing on B rr o,, er. T h s . .\greement. the indi,·idual Tenn :--o tes and such other d oc:.imen s re . o r pon executi o n :md de!i ,·ery w ill be , the leg :il. ,·:i !id and bin m g oblipt1ons or" the persons purponing to be bound thereb:. fu ll: e n for eJb l m a cord:mce w ith the ir respect i,·e terms . sub3ect to bankrup tc:. insoh enc:-. ece:, e r J--,:p . reor =amz:it1on or similar laws no,, or herei nafter in effect .iml Jre no t .i r.d "1 not be. ,, 1thout Bank·s pri o r writte n co ns ent. subo rdinated in ng ht of payment to :in y o ther obligat ion of Bo rrower: [. Title: Borrower has good. suffic ie nt and leg:il tit le to the S ecurit y and has the legal right to pledge the same to B ank. T he Security is free from all securit y interest, claims. enc umbrance s. charges or li ens wh:itsoe,·er ot her than those created or allowed by this . .\greement and except as dis c losed in writ ing prior to the execution of this . .\greement; f. Securit)· Agreements: Borrower shall not ify Bank of an: m::itenal ::igreements entered into with regard to the Security . Bo rrower shall pro, 1de B ank with executed notices of assignments of Borrower·s rig hts under such agreements . These notices of assignment w ill be sent to the othe r pany to such :igreement upon any Event of Default by the Borrower: 7 I • 0 • • • • • • - G. Financial Statements: Borrower shall suppl y Bank with its annual budget within six~' (60) da~·s of its adoption by the Ci~· of Englewood·s Ci~' Council . Within one hundred eighty (180) days of the end of eac h fisca l y ear. Borrower shall suppl y Bank wi th audited fiscal year-end financia l statements bearing an unqualified opinion. Borrower shall furnish Bank such additional financial inrorrnation. statements and reports as Bank may reasonabl y request with respect to Borrower. Cpon the request of Bank. Borro wer shall provide Bank with a certificate signed b y Borrower's chie f execut i\·e (o r fi nanc ia l) officer or independent pub li c accountant that no E vent of Defau lt. or act. condition or e\·ent which with notice. failure to cure or the passage or time. or all the foreg o in g, w ould bec ome an E\·ent of Default. has occurred . All financ ia l data g i\·en iO Bank w it h respect to Bo rro\\'er (i) Jre (o r \\'tl l be l comp lete and correct in a ll materia l respects . (ii l accurate!: present (o r \\ 111 present ) the finan ial cond1uo n of Bo rr ow r lS oi ,he dates. and :he ~esu it o i 1!5 operatio ns . ( 1i1) h \·e been to r ,, 111 be I pre;,ared m accordance ,, ith g~:1 ~:i.11: accepted acc ou nt ing pn nc :p ks con.1 sient ly iol!o,, ed througr:o t the peno..:; cov ered the~eb:. (I\') ha\e 'een (or ,,11 1 be ) cert ifi ed as to ac e •r ·c:, :i cd completeness b: the ch ie f e\ecuti,e o r iin:mc ia l offi cer. and (\ 11i' requesied ': Bank. will be prepared b: a cemfied pub !? accountant accept:i bk to B:ml .. .\ I balance sheets disclose (o r ,, ill d isc lo se/ a ll li ab iliti es. d irec t ar.d co ntingent. as of their respective dates : H. Equi~·: B orrower shall maintain m inimum equity as of eac h fisc a l ye:ir en d e qual to the equi ty set forth in Borrower's December 3 1. 1998 fin:inc:a l statements pre\·iously pro,·ided to Bank for both Bo rro w e r ·s resident ia l p ro pe:1 y rehabilitat ion loan program and for Borro wer as a whole . I. Additional ~otices: In addition to not ices req ui re d abo\ e. Bo rra" er s ha ll immed i:ite l: g i\·e no tice in writing to Bank oi (i) the occurre nce of :in E,·em oi De fa u lt. or any conditio n . ewnt o r act which wi th th e gi\'ing of notice . faiiure to cure or the passage o f time or all the fo re going would constitute such an E ,ent of Defa ult: and (ii ) any change in the name o r business of Borrower. an : change in its form. management or o rgan iz:it1 onal structure and an y change m Borrower's address of princ ipal lo cat io ms ) or bus iness: J. Strict Compliance: Ba rr o" er agrees to comp ly strict!: ,, ith al l terms. conditions and requirements set forth in this Agreemen t. :md a ll related documents : K. Character of Representations and Warranties :',i o ne 01 the financ ia l statements or any certificate. document or statement furnished to Bank (o r to be furnished to Bank) b y or on behalf of Borrower in connection \\'llh the Loans. and none of the representat ions and warranties in this Agreement. contains (or will contain) any untrue statement of a material fact or omits (or wi ll o m it) to 8 ) I • 0 - • • • .. ,-------------------------------.... • • - state a material fact necessary in order to make the statements ontained therein or herein not misleading . There has been no material ad\'erse change in the credit worthiness or condition of Borrower. financial or othen\ is e. or affairs of Borrower since the date of the most rece:it financ ial statements =1\·en to Bank with respect to Borrower. L. HL'D Funding: Cnul all of Borrower's obl igatio ns to B:ink unde~ this Agreement have been full y sat isfied. Borrower shall take such steps as m:i y be necessary to obtain and retain such contnbutions :md funding from HL "D :15 may necessary to allow Borrower to du ly perform all its oblig:m o ns. inc lud ing . without limitation. Borrower's obligations under the Term \'otes and this Agreement. 14 . Borrower 's ~eg:nh·e Co\'enants : So long as :my indebtedness here:mder re:-:u ms outstJJ1ding under the Loans. and until performance in fu ll of :ill o f 1 s o II ,1-1 10n, hereunder. BorrO\\ er \\ Ill not ·.\ ithout the ;:,ri or \\ nnen con_ent oi Bani.. A. lse Loan proceeds except for purposes stated in P:ir ;1 =raph 3. 8. The borrower does not need bank permission to incur indebtednes s for the obligations created in the ordina~ course of business. or indebtedness due HliD under terms and conditions substantially similar to the HLD debt presently outstanding as described in the Borrower·s December 31. 1998 financial statements. ..The ordinary course of business .. \\Ould include rehabilitation. reno,·ation. or total rebuilding projects "hich fall under the borrower's normal plans and parameters. C. :Vlerge into or consolidate w ith any corporJt ion o r other enrn y: o r :icqu ire :i I o r substant ially all of the assets of any other corporation or en tity: se ll. le:ise. assign. transfer or othenvise dispose of all o r substantially a ll oi Its assets : or change materially the nature of its business: D. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments in the ordinary course of business ) or accommodation endorser or othenvise for the debt or ob li gations of any other person or entity. 15. Default: The occurrence of an y of the follO\\ mg e\·ents ( \\ hether voluntary or in\'oluntary or effected by operation of la\\ or othen\ is el shall constit te :in E\·ent of Default by Borrower under this Agreemen t : A. The nonpa)-ment of any insta ll ment of pnnc1pal o r interest \\ hen due to Bank by Borrower. 9 • ) I • 0 .. • • • - 8. Any representation or warrant y made by Borrower (o r an y of its officers or representatives ) in this Agreement or made by an y person mak ing, executi ng or delivering same in any documents contemplated by or executed or deli \·ered in connection herewith shall prove to ha ve been incorrect whe n made in any materia l respect: C. An y ass ignment of any rights hereunder by Borrowe r not in Comp li :mce w11h Paragraph :!i .B hereof; D. Occurrence of an y of the following e\·ents set fonh in this Par:i=raph D. unless cured within thiny (30) days of the earlier of\\ rinen nou e to Borr O\\ er or the date 8 :mk should ha\·e been no rifi ed of such ewnt pursuant o P.1r:i=raph 13 . I here of: (i ) the comm encement of an ) li t1ga1 ion or proceedm=-\\ h1c:i ma~ m:ue:ia ll ) and ad\·ersely affect rhe abiliry of Borr owe:-:o perionn 1 s 0bli gauons .a 8.1 nk . (ii) Burrower's fa ilu re 10 per fonn or obse;-,. e .my condiuon . e:-:n or CO\ en:1m contained in this Agreem ent. an y indi\·idual Te:-m :S.:Ole. or m an ) oth r agreement wit h Bank ; (i ii ) the default not cured within the app licable pe riod stared !here in oi Borrower under the terms of an y agreement or instrument pu rsuant 10 \\ h1 h Borrower has borrowed money from any per son or emity : iv) the entry of a fi nal j udgmenl against BorrO\\ er which combined \\ ith an y other outstandi ng judgment or by irse lf exceeds a materia l amo unt ,, h1 h re quires disclosure or a footnote on irs financial starements and su h j udgment shall not be dischar =-ed or execut ion sra::, ed !hereon pe nd in = appea l or. m the eve nt of such a stay . su ch judgmenr shall nor be discharged arter such sra ::, exp ire s: or (v) an attaclunent. execut io n or other j ud icial se izu re of. or affecring . rhe assets of Borrow er in an aggregate amount exceeding a mareria l :im ount which • requ ire s disclosure or a footno re on 11s fi na nc ial statements ; • -• E:. A mate rial ad\·erse change in the co nd irio n (financial or othe rw ise ) of BorrO\\er or the value or marketab ili ty of the Security : F. Borrower shall become insol vent , or shall consent to or app ly for the appointment of a receiver, trustee, custodian. or liquidator of itse lf or any of its propen y, or shall generally fail to pay its debts as the y become due . or sha ll make a general ass ignment for the benefit of creditors. or Borrower sh all file a voluntary petit io n in bankruptc y, or seek reorganizat io n or an y other relief under the Bankruptc y Reform Act of l 9iS, as amended from time to time . or und er 10 • I • 0 • • ~ ..,-·- • ... .. • -' any state o r federal law grant ing relief to debtors. whether now or hereafter in effect. or shall file an answer adm itting the jurisdiction of rhe court and the matenal all egations of any involuntary pet itio n filed pursuant to said Bankruptc y Act or an y other app li cab le state of federal law relating to bankru ptc y o r reo rganizat io n o r other reliei ior debtors. or shall be adjudic:ned a bankrupt: G. The d issolution o r liquidation of Borrower, o r if Bo rrower. its d irectors. m aj ori ty stockholders or members shall take action a p proving or authorizing the di s s o lut ion o r liquidati o n of Borrower; or H. Bank in its sole discretio n and in good faith deems itse l f insecure . I. If the contribut ions fo r fund in g Bo rr ower is J llocated. rece ives or is :i thonzed to recei\·e from HL TI are e li m in:ite d or reduced :md Bank. it ns so le discreuon. determines th:it such redu ti o ns are maten:il to Bo rro " er· s iinan 1.11 o per t,o ns and or Jd\·erse ly affect the pros pe : oi pa ~ men or per iorrn:mc::> ~ Barro " e, oi its obligations hereunder. 16. Bank·s Default Righr s: In th ee\ ent oi an: E,·e nt of Defau lt here under o r nder Jn~ in d ividual T erm :'liote which is not cured w1thm an y re le, ant cu re pe n o d b~ Borrower, Bank shall h:i\'e the following rights without further nouce : A. B ank may declare an y outstanding indebtedness to B ank under rhe Loans immediately due and payab le without presentment. p rotest. demand o r notice oi any kind, all of which are hereby expressly wai \·ed by Borrower and sha ll be entitled to automatic:ill y debit the amount of such indebtedness to any :md :i ll demand deposit accounts that are or may be o pened at Bank to the extent permitted by law ; B. B ank may. at its option , e,·en a ft er default by Bo rrower or after maturity of :i.n y Loan. m ake any paym ent or perform any defau lted coven:int. agreement or ac t o f Bo rrower hereunder or under an y o ther agreement securing. ev idenc ing o r relating to the Loans and any moneys so ad,·anced shall thereupon become pan of the appl icable Loan (e ven if in excess of the face value of the Term :'li ote) and shall be immediately due and payable wi thout not ic e : C. Bank m ay al so simultaneousl y exerc ise an y o ther right con tained in an y in stru ment or docum ent eYidenc ing. re la ting to. securin g or guar:inteeing the indebtednes s to B ank under this Agreement and the ind i,·i du:il T errn ~otes or ar law or in equity o r b y statu te . A ll expenses reason:ibl y insu red by Bank in connect ion wi th an y remed y shall be deemed pnnc ipal of the Loans for al l purpose s and part o f the Loans , e\·en if the :iggregate amount of Ad,·ance exceeds the princ ipal amount of the Loans . Bank may appl y the proceeds from II .. ' ) I • 0 - • • • .. • -· • ... • -' any security or from an y othe r source against :m y of the Loans :is and in an : order it sees fit. 17. Bank 's Rights Optional : Wherever in this ,\greement Bank is :iuthorized o r g1\ en the right to take an y :iction. Bank ma y exerc ise or refra in fr o m exerc ising suc h n ght :n its sole opt ion and sha ll not be ob li gated to exercise such n =ht. 18 . Rights: Remedies; and Powers . Each and e\·ery ri ght. remed y :m d pO \\ er grant ed ro Bank hereunder shal l be cumu lat ive and m add iuon to an: oth er ngh t. reme d:, or power. conta ined m an: instrument or document inclu d in g. but no t lim ited IO the Bank ·s right o f seto ff. here in specifical ly granted or nO\\ o r here :i iie r ex1s 1m= m equ it_. at law . or b: vinue of statute or do cume n exe:ured or ·o be executed b:, Borrower or otherwise and may be exerc ise d by Banr from ume o :1m e co nc urrent : or independent ly and as often and is such order as Bank m:iy deem nec essa~ or appropriate . An y fa il ure or de lay on the p:in of Bank in ex erc ising :m y such ri ght. remed y or po we r. or abandonme:11 or disc o ntin u:mce of ·reps to enfo rce the san.e . sha ll no t o perat e as J wai ver thereof or a ffecr Bank·s nght th ~e:irter to exe rcise :he same . Bank has the nght. at an y ·ime and \\1th ou r :1 .:\·ancc: :iot i e. o set or an:, run.:s in Borr ower·s ac co unr(s ). inc lud in g the De lm q uenc:, De ri ·1 enc:, R se r-e. ag:imst .1n: ob li gat ion Borr O\\er O\\e s to Bank . In th e cas e oi J j oint ac :ounr. ir the B.mk exercises its ng:ht oi se to ff. Bank m:iy tre:i t all fun .:s in he :ic ount as ii" the:, \\ ere owned exclus1\·e ly by the pany subj ect to the seto ff. 19 . Loan Expenses : Bo rrower agrees to prompt ly re imburs e Ban. for :ill its costs :ind expenses. inc ludi ng leg:ii fees in connection \\ 1th the pr ep:i r:iuo n. execut io n. performance. moni to rin g and enfo rcement of th is ,\gree ment. the md1 \ H.i ual T e:m :'\ores and :in y o the r instrume nt. docume nt o r agr eem ent re!Jr : ~ o the Loan :ir.d sh:i ll mdemm f:-:md hol d Ba nk ha rn1le ss fr o m :ind :1 g:11ns : :in:, :ind .1 11 co ts. losse and li:ib iliu es aris ing in conne ctio n there\\ nh :ind shall re imburse B nk fo r same upon demand . Bo rr O\\ er agrees tha t Bank . at its o ption . \\ llhout fu n her nor1 ce. authorizat ion or request for suc h. ma y ad\·ance funds und er the Lo ans to sat is f:, an:, or all such costs and fees . 20 . Acceptance and Closing Dates : This Agreement shall automat ically term in at e :ir Bank 's option unless the original is executed by Borrower and returned to Bank no later than Februa~· 28. 2000 Bank has furn ished Borrower w;th J si gned cop y of this Agreement fo r Borrower ·s files . 21. Wainr: ;\otice or Demand : ,\ny \\ ai\·er or pan ial wai\·er of :my requ irements o f Borrower proY ided for in th is Agreement or o f an y instrument. document or agreement evidencing , securing or re lating 10 the Loans at an y time by Bank shall not be effective unless it is in writ ing :md signed by Bank . and such waivers shall be effectiYe only in the spec ific instanc e and for the specific purp o se g i\·en . An y Ad\·ance of Loan proceeds hereunder sha ll nor consr irute a wai\'er of an y o f rhe condirions of Bank 's obligauons to make further A,h ances . nor. in the e, em 12 • ' . .. I • 0 ------------------~------_,, .. ,------------~---------------· • • • • • - Borrower is unable to satisfy any such condition. shall any such wai\·er preclude Bank from thereafter declaring such inability to be a defau lt hereunder. The giving by Bank of an y notice to or demand on Borrower not specifically required hereunder shall not entitle Borrower to an y other or further notice or demand in the same. similar or other circumstances. 22 . Communication : An y notice or other communicatio n req ui re d o r penrntted hereunder shall be in writing and shall be deemed to ha e been given when personall~ delivered or mailed by Cnited States cert ified mail. return rece ipt requested. pos1:ige prepaid, addressed to the party for whom it is intended at the follow in= add resses · Bo rrower: Bank : The Ci~· of Englewood-Th e Rebabilit:uion Fund 3400 South Elati Street En g!e\\'OOd. Co lorado I) I l 1) \'ectr:i B:rnk Eng le,\ ood Br:rnc !1 Attn :Dou g Po ggi.'. \':c !:' Pres ident 50 50 South BrnJd,, :i~ En gle\\'ood. CO O I I 0 Hou in g pro\'ided, howe\·er. that either party may change ns :iddres s for pur,,o ses of re e1pt oi" any such communic:ition by gi,·ing ten (10) d:iys· pnor ,\nnen no!lce of such ch:rn=e to the other party in the manner ab ove pres ribed . Time of [ssenc:e T ime is of the essence . :... Colorado Law : T he subst:int i,e J:i,\ of Colo r d o sh:i ll go,em all the terms. conditions and interpret:it io ns of 1h1s :\greement . 1he Lo:ins Jnd :ill ot her instruments. documents or agreements executed pursu:int hereto . In the e, ent of li1ig:nion concerning this .\greemen1. th e ind ividual Term :--ores. 1he Loans o r any other instrument, document or :i greement relating 10 1he Loans . the pames hereto agree 1ha1 the exclusi\·e venue and p la ce of j unsdicuon sh II be the State of Color:ido. City :md County of Denver. Further, Borrower consents to and agrees to file a gener;il appearance in the event ii recei\·es a ser\'i ce of proces s . 25 . SeverabilitY : In the e,·ent an ~ pro, 1sion of this .\=reement or any of the 01he~ instru ments . documents or agreements executed pursuant he reto shall be held in1 ·:il id or unenforce:ible by an y court o f competent jurisdi ctio n, such holding sh:ill nor invalidate or render unenforce:ible an y other pro,·is ion hereof o r the re of o r :i ffect the validity or enforceability of such provision in :in y other j urisdicti o n. 26. Entire Agreement: This Agreement contains the entire agreement between Borrower and Bank with respect to the subject matter hereof, and supersedes and cancels any prior agreements or underst:inding , oral or ,vritten. berween us with 13 • ) I • 0 • • • • • .,.-. • "'··· ,. • -' respect thereto. Each p:irty hereto des ires to have . and to extend to the other. protect ion ag:iinst miscommunicanon. misrepresentation. m isinte rpretation and misunderstanding with respect to changes in. or wai\·er of any of the prov isions of this Agreement. Therefore , the pames hereby agree that no change. amendment or modification of. nor any wJi\·er ofor co nsent gn,en pursuant to. ::in~ or the pro\·ision s of this . .\greement m::iy be proved in ::in y legal or arbitr::ition proceed ing except by a writing signed by the pany sought to be bound th ereb y: and e::ich party agrees not to present evidence of any kind other than such signed writing in ::in y such proceeding. to prove any change. amendment or modirication hereof or any waiver or consent hereunder. 27 . Miscellaneous Pro,·isions : A. At Bank ·s request. Borrower ::igrees to proqde B::i nk with thos e documents J.nd legal opinions as reason;.ib ly requested b~ Bank fr o m ti me o :1me in ord ~ to fulfill the intent of this . .\gree:nent : 8. Borrower may not ::issign ::iny of ns rights hereunder. "ithout :!1 pr;or -.\ nt:en consent of Bank . Any purported .1ss i::nment \\ ithout suc h conse:it ·ha ll · e \ 01d and shall constitute a default hereunder and un der the lo :in do·u me nts B nk reserves the right to sell. ass ign . tr::insfer. negoti::ite :ind gr:int ;>Jrtl 1pJ t:on · · 1n all or an y p:in of the l oans and in connection there\\·ith Bank rr:a~ d isc ! -J.11 documents and inform::ition which it now has or may hereatier Jcqt tr r !Jl!ng to the loans. the Borrower or its business . Thts . .\greement sh:i ll be tnd tn g upon. and inure to the benefit of ::ind be enforceable by BorrO\\ er and BanJ... :ind the ir respect in• success ors and ::iss igns. if assigned in :ic.::or,fance \\ ah th is Par:igraph ; C. This Agreement presumes the accur::icy of all informat ion submitted to Ba n · pri o r to the issuance hereof and is subject to satisfaction of the tenn and conditions set fort h here in ::ibo\·e. The obligation to make ad\ ::inces purs :mt hereto shall terminate at the option of Bank (i) in the event of Borrower 's breac h of any of the terms. covenants and conditions contained in this A.greement or :n the documents executed in connection herewith ; or (ii) the st::itus ( tin::inc1a l or otherw ise) of Borrower shall not be substant ially the same as. or better th :in . represented in connection with the ::ipp li cation for the l oan ; D. Bank agrees to make the records and books of the Ad\·::inces d is bursed to Borrower hereunder J\·::iilable for inspection by an ::iud ito r selec ted by Borr O\\ er. Bo rr ower agrees to make its records and books a\·atlable to ::ig=nt s or' an ~ duly constituted authorit y haqng j unsdict1on o\·er Bank or the Pamci pant s . Bank agrees to allow its bo oks :ind records penaining to thi s . .\greement to be inspected by the Comptro ll er General or any ::iuthon zed represent::iti\·e or HLD . I~ ., ., . ) I • 0 - • .. p .,,-- • ' .. .. . , • -... E. Borrower will make all loans involving CDBG funds subject to Community Development Block Grant ("CDBG"') Regulations . All terms and conditions of the Agreement arc subject to provisions go verning Lump Sum Drawdowns for Property Rehabilitation Si 0.513 of HUD regulations or CDBG 24 CFR Part 5i0 which arc incorporated herein by this reference . Borrov..-er reserves the right to withdraw from the Rehabilitation Fund an y unobligated CDBG amounts required by HlJD in the exercise of corrective or remedial actions authorized under 5i 0 .910(b ) of the CDBG regulations . F. This Agreement may be executed in any number of counterp arts . each of which shall be an original, but all of which together shall const itute one agreeme nt . 28. Applicable Law: This Agreement bas been delh ered to Lender and accepted by Lender in the State of Colorado. If there is a laws uit. Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of Arapahoe County. the State of Colorado. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. Very truly yours, VECTRA BA.'fl( D iGLEWOOD BRA.\/CH By : _____________ _ Vice Pres ident ACCEPTED A:S-1) AGREED TO· BO RROW E R: THE CITY OF E~GLEWOOD THE HOL"Sl'.\G REH..\BILIT..\ TIO'.\ Fl.'~D By: ____________ _ Frank G.ryglewic z Title : f inancia J Se""dces Director Dare : -------------- Anest: _____________ _ 15 ,. ' . ., ~ I • 0 xi - • • RESOLUTION NO . J SERIES OF 2000 )· .,,. .. .. ~ -· • • -.. A RESOLUTION APPROVlNG CHANGES TO THE CITY OF E NG LEWOOD INVESTMENT POLICY. .. WHEREAS. by the passage of Ordinance No . 45 , Series of 1995 . the Director of Financial Services. ex officio City Treasurer, is empowered to invest all funds and monies not immediately needed for operating expenses of the City and various pension funds . pursuant to an investment policy to be adopted by Council each year; and WHEREAS, the Director of Financial Services has hereto attached a copy of the City's Investment Policy for Council's approval ; NOW. THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO. THAT : Sectjon 1. The Investment Policy attached as "Exhibit :\", s ubmitted by the Director of Financial Services is hereby approved. ADOPTED AND APPROVED this 7th of February, 2000. Thomas J . Burns, Mayor ATTEST: Loucrishia A . Ellis, City Clerk 1, Loucrishia A. Ellis , City Clerk for the City of Englewood , Colorado. hereby certify the above is a true copy of Resolution No.~ Series of 2000 . Loucrishia A. Ellis . .. I • 0 2X • • • .. ~ ,.,-- • "'•., .. .. ·~ • -' COUNCILCOMMUNCATION Date Agenda Item Subfect February 7, 2000 Resolution approving changes t o the 11 c ii City of Englewood investment policy. Initiated By I Staff Source Citv al Enalewood, Financial Services DM>artment Frank Grvalewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council approved the original investment policy on September 17 , 1990. Since that time the Council has amended the Policy five times. City Council discussed the proposed changes at a study session on January 17. 2000 . RECOMMENDED ACTION Staff NCOmmenda City Councll approve the attached rnolutlon making changes to the City of Engl-ood lnVNtment policy. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City's Investment Policy sets the parameters ot the City's short-term investment act ivit ies . This Pol icy is app li cable to all the City's financial assets eJCCept the Firefighters Pens ion Fund. the Police Officers Pension Fund, the Non -Emergency Employees Pension Fund , and other City employee ret irement plans . The City's funds are poo led to improve eff iciency and effectiveness . Earnings on the pooled funds are distributed to funds based on their cash balances . The City's financial objectives that the Policy supports are: • Preservation of capital and protection of principal • Maintenance of adequate liquidity • Diversification to adequately spread risk between investments • Market rate of return on total portfolio • Ensure the City conforms with all City, State, Federal , and other legal gu ideli nes The proposed changes support these objectives. No other alternat ives were identified. FINANCIAL IMPACT None UST OF ATIACHMENTS Proposed resolution Copy of Investment Policy with proposed changes Clean copy of Investment Policy • ' . " I • 0 -- • • • • --. • '~ .. • - City of Englewood, Colorado INVESTMENT POLICY The Director of Financ ial Services of the C:ty of Eng lewood . Co lorado 1s charged with the respons 1b1lity to prudently and properly manage any and all funds of the City . Because these funds may be called upon . it is essential that absolute maturity ho ri zons are identifiable for the purpose of liquidity . Moreover. these funds must be fu lly co ll atera li zed and appropriately authorized . The following Investment Pol icy addresses the methods . procedures and practices wh ich must be exercised to ensure effective and sound fiscal management. SCOPE This Po li cy sha ll app ly to the investme nt of all financ ial assets and all funds of the City of Englewood (hereafter referred to as the "City") over whi ch 1t exerc ises fi nancial contro l. except the City of Eng lewood Firefi ghters Pe nsion Fun d. Volunteer Fire fi ghters Pe nsion Fund . Po li ce Offi cers Pens ion Fund . th e o -E mergency Employees Ret ireme nt Plan Fur.c and othe r City emoloy ee ret ire ment plans In or ce r to effecti ve ly make use of the City 's cas n res ources . all mon ies sha ll be pooled into one 1nves tni ent acc ount and accounted for separa te1y . The investm ent income deriv ed from th is ac::cunt shall be dist ri but ed to the vari ous C,t: fu ncs 1n ac corda nce with Eng lewood Mun1 c :pal Co c e. 4--2-A OBJECTIVES The City 's princ ipa l .nves:ment ob1ect1 ves are· • Preservation of cap , al and the protecti on of ,nvestment prin cipa l. • Ma intenance of sufficien t l1 ~u1 dity to mee t ant 1c1pated disou rse ment s and cash fi ows . • Diversificat ion :o avo1c incurrin g un reaso nao le ri sks rega ro1ng se c:.mtles owned . • Attainmen t of -n ar~e t rate of return eq ual to or hi gher ha he performance measure es tab lished by th e Direct or of F1nanc1al Se rvi ces • Con formance w1 h all Cit , Federal. State a c ot her lega l req u1 re rr:ent s . DELEGATION OF AUTHORITY The ultimate responsibili ty and authority for investment transact ions inv olv ing the City res ides with the Director of Financ ial Serv ices (here inafte r referred to as the "Director") who has been des ignated by the City Manager as the In vestment Officer in accordance with Eng lewood Munic ipal Code . The Director may appoint ot her members of the C,ty staff to assist hi m 1n the cash management and investment funct ion . Persons who are autho ri zed to transact bus iness and w ire funds on beha lf of the City wi ll be des ignated by the D irector by the w ire trans fer agreement executed with the Cit y's approved depos itory for Jank serv ices (see .Appendix I). The Director shall be respons ible for all investment decisions and activities . and shall establ ish written admin istrative procedures for the operation of the City 's investmen t program cons istent w ith this Investment Pol icy . The Investment Officer act ing w1th1n these procedures shall not be held personally liable for spec ific investment transactions . The Director may in his discretion appoint one or more Investment Adv isors , registered with the Securities and EJ<change Commission under the Investment Adv isors Act of 1940 . to manage a portion of the City 's assets . An appointed Investment Advisor may be granted limited investment discretion within the guidelines of this Investment Policy with regard to the C ity 's assets placed Paoe 1 Policy 01-00 fina 1_2-00 E X .. I B I T A ) I • 0 • • • ..--. • • - under its management. An Investment Advisor can only be appointed after consultation with and approva l by the C ity Manager. PRUDENCE The standard of prudence to be used for manag ing the City 's assets is the "prudent investor" rul e . which states , "investments shall be made wit h Judgment and care . under circ um stances then prevailing , which persons of prudence . discretion and intelligence exerc ise in the man agement oi their own affairs , not for speculation . but for investment cons ide ri ng he probab le sa fety of their capital as well as th e probable income to be derived." (CRS 15-1-304) The City's overall investment program shall be des igned and managed w ith a degree of profess ionalism that is worthy of the public tru st. The City recogn izes th at no investment 1s :ota lly risk less and that the investment act ivities of the City are a matter of pub li c record . Acc orc1ng ly. the City recognizes th at occasional measured losses are 1nev1t ao le 1n a d1vers 1fi ed portfo11 0 and shall be cons idered within th e context of the overall portfo li o's ret urn . pro v1ced th at aaec; ate divers ifi cat ion has been imp lemented and th at th e sa le of a securi ty 1s in he bes t long-ter interest of the C ity . ELIGIBLE INVESTMENTS ANO TRANSACTIONS All investments will be mace 1n accorcance with th e Co loraco Re vi se d Statute s (CRS ) as !01l ows · CRS 11-10.5-101 . et seq . Public Deoos :t Prot ec:1on Ac t: CRS i i --l ?-10 . et sec;. Sa vi ng s ar c Loan Associat ion Public Depos it Pro tec tion Act : CRS 2-l-75-60 . et seq . Fu ne s-Lega l Investments for Governm e nt al Unit s: CRS 2-l-75 -503 . et sec De pos,to ri es . ano CRS 24-75 -?0 i. et se c;. Local Governm ents-Loca l Government Poo :1 ng Any re v1 s 1ons or ext ensions of th ese sec:ions of the CRS will be assum ed to be par. of his lnv es m,ert Po li cy 1mmed 1ate ly upon being enacted . As a home rule City. Englewood may adopt a list of acceptao le inv estme nt instruments differ ing from tho se outli ned in CRS 24-75-601, et seq . Fun ds-Lega l Inves tm ents for Governmenta l Units . Fund s of the C ity of Eng lewood covered by thi s lnvestme rt Po li cy ma y be invested 1n the fo ll ow in g types of securities and transactions : 1. Treasury Obl iga ti ons (T-B 1ll s . T-Notes . T-Bonds ). 2 . Treasury Stri ps (boo k-entry U.S. Treasu r1 secu nties who se coupon has bee n removed ). 3 . Federa l Instrumental ities -Deben tures . Discount Notes . Medium Term Notes or Ca ll able Securities issued by th e following on ly. Federa l Nat ional Mortgage Assoc iat io n (FNMA ). Federa l Home Loan Ban k (FHLB ). Federa l Home Loan Mortgage Corporation (FHLMC ). Federal Farm Cred it Banks (FFCB ), and St ud ent Lo an Mar keting Association (SLMA ) . 4 . Repurchase Agreeme nts with a termi nation date of 90 days or less ut ili zing U .S . Treasu ry and Federal Instrumentality secu riti es li sted above . colla teralized initially at a minimum market value of 102 percent of the do ll ar va lue of the transact ion w it h th e acc ru ed interest accumulated on the collateral inc luded in th e calculation . If th e market valu e of the collatera l falls be low 101 percent of the dollar valu e of th e transact ion. th e collatera l w ill be requ ired to be brought up to the 1 02 percent initial ma intenance leve l. Repurchase agreements shall be entered into only with dea lers who : a ) are recognized as Primary Dealers by the Market Reports Div1 s 1on of the Federal Rese rv e Bank of New York: and b ) have executed a C ity approved Master Repurchase Agreement (see Appendix II ). Page 2 Policy 01 -00 fin al_2 -0 0 • 0 I • 0 - • • • • - Prim ary Dealers approved as Repurchase Agreement counterpart 1es sha ll have a sho11-term credit rating of at leas t A-1 or th e equivalent and a long-ter m cred it rat ing of at least A or the equivalent. Collateral (purc hased securities ) sha ll be held by the City's custodian bank as sa fe keeo in g agent. and the mark et value of the collateral securities shall be mark ed-to-the-mar ket ca 1iy For th e purposes of thi s section . the e rm ·co ll ate ra l· sha ll ea n .. purc:-3se d securit ies " un cer the terms of th e City approved Master Repurchase Agr eement. In o case w ,11 the matumy of the collateral exceed ten years . 5. Reverse Repurchase Agreements with a maturity of 90 days or less executed only aga in st securities owned by the City and co ll ate ra li zed by the same type of security reverse d . 6 . Flexible Repurchase Agreements with 2 'ina l mat uri ty of ten years or less en tered into 'J y :h e City with appro ved counterpart ies . These fl exible rep urc nase agreements may be c losec out in varying amo unts and at vary ing ti mes at the opt ion of t e City. These agreeme nt s ar e deemed by bot h parties to be purc hases anc sa les of sec :m i 1es a a are not loa ns All such flex ible repurc hase agree men s sna il meet th e foll ow in g cr iteri a . • Be determ 1n ea as lega l ana 1ali d for ~o t , pa rti es ; • Co ll atera l shall be limi ted :o a ) Sec uri ties issued by. guaran teec by. or fer whic h the cred it of an y cf the fo ll owin g s pledged for pa ym ent : the Uni ted States , Federa l Farm Cr ed it Ban k. Federa l Lan e Ba nk . Fecera l Home Lean Ba nk. Federa l Home Loan Mo rt gage Corporati on. Fecera l Natlo na l Mor.gage Assoc 1at 1on. Export Import Ban k or the Governmen t Na t on al Mortgage Assoc,at ,on ; or b) Sec:.mt 1es iss ued by. guara nteed by , or for which th e cred it of the fo ll ow,ng 1s plec gea for payment: An en ti ty or orga ni zat ion wn ich 1s not listed in paragraoh a) abo ve. ~ut wh ic h ,s ( 1) created by, or the creat ion of wh ich ,s au thoriz ed by . leg islat io n enac:ea by the Uni te d Stat es Congress and wh ich is sub iect to con tro l by the i ece ral government which 1s at leas t as exten sive as that wh,ch gove rn s an entity or orga niza 11on listed in paragr aph a) abov e. and (2) ratec ,n its h ighest rat ing categ ory by one or m ore nat ionally recogn ized org ani zat ions wh ich regu lar ly rate such ob li ga tions. • Have a fix ec rate during th e ent ire life of the agreement: • The dollar amounts and periods of time when the City may draw funds out of he repurchase agreement shall be agreed up on in writ ing by both part ies and shall be ;:,art of the written repurchase agreement exerc ised by th e City and the appro ved counterpa rty : • The City has th e op tion of varying the dollar amount and the timing of the draw down by an ag reed upo n percentage of th e antic ipated draw down and a specifi ed number of da ys . The City and th e counterparty to the ag reem ent will spec ify the deta il s of the all owab le variance when the agreemen t 1s structured . In acd ition . the City ma y draw dow n 1n excess of the variance up to th e remaining ba lance in the agreement for a bona fi de . unanticipated cas h need ; • Collateral shall have an orig ina l minimum market va lue (includ ing accru ed interes t accumulated ) of at least 102 percent of the dollar value of th e transaction . Once a repurchase agreement is estab lished . the collateral maintained shall be no less than 101 percent of th e dollar valu e of the transac :1 on at all tim es ; • Repurchase agreements shall be entered into on ly with dea lers who are au th orized by th e Finance Direc tor and have executed a City approved Master Repurchase Agreement ; • The title to or a perfected sec urity ,meres t 1n sec uri ties , along with an y necessary transfer documents , must be transferred and ac tu all y delivered to . and shall be held by , the City 's third-party custod ian bank act in g as safekeeping age nt. The market value of the Page 3 Policy 01-00 fin al _2-00 • I • 0 ----.---.--------------------·-.·--;--------------------- - • • • • ... • • collateral sec urities sha ll be marked -t o-the-market mont hly !:lased on the clos ing bid price at the time the custodia n for the co ll atera l issues its month ly statement to the City . For the purpose of the sect ion . the term ·collate ral" sha ll mean ·purchased secu riti es · under the terms of the City approved Master Repurc hase Agreement. In no case will the maturity of the collateral exceed ten years . 7. Time Certificates of Depos it or sa vi ngs accounts 1n state or na tiona l banks operating in Colorado which are state approved depos itories (as ev idenced by a cer1 ificate issued by the State Banking Board } and are insured !:l y the FDIC . Cer1 ificates of depos it wh ich exceed the FDIC insured amount shall be co ll ate rali zed 1n accordance with the Co lorado Pub li c Depos it Protection Act. The collateral w ill have an 1nit1al market va lue ec;ual to or exceeding 102 percent of the difference between the insured amount and the City 's tota l deposits for all funds with in the institut ion . If the market value of the co ll atera l fall s be low 10 1 percen t of the doll ar value of the transact ion . the co ll atera l will be required to be broug ht up to the 102 perce nt init ial maintenance . 8 . Time Certificates of Depos it or sa vings accou nts in state or ece rally chart ered sa vin gs and loa ns operating ·n Colorado wh ich are ins ured by the FDIC . Depos ns which exceed th e FDI C in sured amount shall be co ll ate ral ized in accorda nce with t e Color ado P~blic Depos it Protect ion Ac t. This co ll atera l will have an initia l mar ket value equ al to or exce ed ing 102 percent of the diff erence between th e ins ured amount and the C,ty s ,otal depos it for all fun c s withi n the institution. If th e market value of the co ll atera l fall s below Oi ;:,erc en of the do ll ar va lue of the tra nsac tion. the co ll atera l will be req ui red to be bro ug t ;:, to th e 102 perc ent init ial maintenance level. 9 . Co lorado Local Go vernment Li qu id Asse t Trus t (COL OT RUST ). 10 . Pri me Bankers Acceptances w ith a maturity of six months or less iss ued on do mes ti c bank s or branches of fore ign banks domic iled 1n the U.S. and ope ratin g un de r U.S ba nkin g laws . Accept ing banks mus t have a senior deb t rati ng of A2 by Mo oc ys an c /or A by Stanc arc anc Poors . 11 . Pri me Commerc ,al Paper with a ma tu rity of 180 da ys or less wn 1cn , at he time of pu rch ase . 1s rated at least A-!:l y Standard and Poors . P-1 by Mood ys . F-1 by Fitcn OR D-1 by Duff and Phe lps . a ) At the time of ;:,u rchase . the commerc ial paper must be rated by at leas t two of the abo ve stated rat ing age ncies at the stated minimum rat ing . b) If more than two of the above stated agenc ies rates an iss uer . all of th ose rat ing age ncies must rate the iss uer in accordance with above stated minimum crec 1t crit eri a . c } If the com mercial paper issuer has senior debt outstand ing . the se ni or debt mus t oe rated by each se r1 1ce that pub li shes a rating on the issue r as at leas t A2 by Mo ody s . A by Standard anc Poors . A by Fitch. OR A by Duff and Phelps . OTHER INVESTMENTS It is the intent of the City that the forego ing li st of authorized sec uri ties be str ictl y interpre ted . Any deviation from th is li st mus t be pre-approved by the Director 1n wr iting after approva l by the City Manager . Page 4 Policy 0 1-00 fi na 1_2 -0 0 • I • 0 • .. • . ",· • - INVESTMENT DIVERSIFICATION It is the intent of the City to diversify the investment instruments w1th 1n th e portfolio to avoid incurring unreasonabie ri sks inherent 1n over investtng 1n spe cific instruments . individual financial institutions or matu riti es . The asset allocat ion in the portfo li o shou ld . however. be flex ible depending upon the outlook for the economy , the sec urities arket . and th e C ity's cash flow needs . The C ity may invest to the following maximum li mits w1th 1n eac :i category • 100% in U .S . Treasury Obligations • 50% in Certificates of Depos it • 50% in allowable Federal Instrumentalities • 40% in Repurchase Agreements collatera !i zed by all owab le Federal Instrumental iti es • 100% in Repurchase Agreements collateralized by U .S. Treas ury Ob lu;;a tt ons • 20% in Bankers Acceptances • 40% 1n Commercial Paper Tests for lirr.1t at1ons on percentages of holding s app ly to the composit e of ,h e en ire :iortfc li o of tre City , not to indiv1c:ual portfolios maint ained by the City P<:rc entage li rr.1 a:1on s u sed for measurements are :,ased on the percentage of cost value of e ;i ortfoli o INVESTMENT MATURITY AND LIQUIDITY Investments shall :,e limited to maturi ti es not exceed in g five years In acc1t1 on . the we1gnted avera!,e matunty of the tota l portfo li o sha ll at no tim e exceed 2.1 mo s OTHER INVESTMENT GUIDELINES All investment transact ions must be executed w ith bro ker cea lers anc: fin anc :al in st ituti on s th at have been authorized by th e C ity . and eac h transaction must oe competm ely transacted w ith at least two authonzeo ::iro ker/dealers fin ancial institution s. If :he C ity 1s offered a secunty for wnic:i there 1s no other reac:1ly avail ab le compeut ive offering , th en tre Director sha ll oocL.ment c;uot at 1ons for co mparacle or altern au ve sec urit ies . Whe n ;iurchas ,n i; ori!,1na l iss ue 1n str u menta l1 ty securities . no competitive offerings will ::ie required . as all dea lers .n he se 1lin g grouo offer tho se secu riti es at th e sa me ori gina l iss ue pri ce In add 1t1on . be fore a y reo L.rcnase a!,reeme nts s all be executed with an autho ri zed broker/dea ler or fin arc1al 1nst1tut1on . a City aoproved Master Repurchase Agree ment must be signed between the City anc: that bro~er/oea ler or fin arc1al in stitut ion . The Director shall mainta in a file of all Master Rep urc;iase A!,reements . The purchase and sa le of all secur ities sha ll be on a de liv ery versus pa ym ent or pa y ment vers us de liv ery basis . For instance . for securities purchases . monies w ill not be released by the C ity 's safekeeping bank untll secunt ies are rece iv ed at the Federa l Rese rv e Ba nk for furth er crec:1t :o the C ity 's safekeeping bank . In the case of secu ri ties sa les . mo ni es w ill be rece ived by the C ty 's safekeep ing ::iank via th e Federa l Reserve Ban k as the secuni1es are simultan eo usly re leased to the purchaser . In th is manner the City will always ha ve possess ion of either 11s secunties or its monies . The City seeks an active, rather than passive, management of its ;iortfoli o assets Assets may be sold at a loss only if the Director or the Investment Advisor feels that th e sa le of th e security is in the best long-tenm interest of the C ity . Page S Polle/ 01-00 fina1_2-00 • ., • I • 0 - • • • .. ~ ..-. • ... ,t • -.. SELECTION OF BROKER/DEALERS ANO FINANCIAL INSTITUTIONS ACTING AS BROKER/DEALERS. The Director shall maintain a list of authorized broker/dealers and financial institutions which are approved for investment purposes (see Appendix Ill), and it sha ll be th e policy of the City to purchase securities only from those authorized inst it utions and fi rms . To be eligible . a firm /bank must meet at least one of th e foll owing crite ri a: 1. be recognized as a Primary Dealer by th e Market Reports D1v1 s1on of th e Federa l Reserve Bank of New York , 2 . report voluntarily to the Market Reports Div1 s1on of th e Fede ra l Reserve Ban k of New York . 3. provide written certification to the City that th e broker/dealer has met th e sec :.mt 1es dea ler's cap it al adequacy requirements of th e New York Federal Reserve Ba nk on a cont inuou s bas is for th e previous twelve month pe ri od . These cap ital adeq uacy requ irements are founc 1n the New York Federal Reserve Bank publicauon entitl ed Cap ita l Adequacy Guid elin es for Go vernment Securities Dealers. 4 . be an FDIC member . Broke r/dealers and other fin anc ial institution s will be se lectec by :he Dir ec:or on the ba sis of :he ir expertise in pub li c cash management and th eir ao 1llty o prov 1ce se rvic e to th e City 's acco unt. Eac h broker/dealer. bank or sav ings and loan that as bee au hori zeo by :he Directo r sha ll be requ ired to subm it and annua lly upd ate a City ap prov ed Broker:Dea ler Information Request form whic h includes the firm ·s most recent fin anc ial state ment s. The Director sha ll ma1nta1n a fil e of the most recent Broker/Dealer Information Request forms submuted by eac n firm approved for inves tm ent purposes . Broker/Dea lers sha ll also atte st 1n writ in g hat :h ey hav e rece ived a cop y of this Po li cy . The City may purc hase Commercial Paper from direct issue rs even though they are not on the approved list of bro ker/dea lers as long as they meet th e crit eri a outl in ed 1n It em 1 of the Eligible Investments and Tra nsact ions section of thi s Po li cy. SELECTION OF BANKS ANO SAVINGS ANO LOANS AS DEPOSITORIES AND PROVIDERS OF GENERAL BANKING SERVICES The City shall maintain a li st of author ized banks and sav ings and loans wh ic h are approved to provide bank ing se rvi ces or from whom th e City may purchase cen 1ficate s of depos it. To be eligible for authorizat ion , a bank or sa vin gs and loan must meet th e m inimum credit cr iteria (described below ) of credit analys is prov ided by a com mercially availab le bank rat in g se rvice . Ban ks or savings and loans failing to meet th e min imum crite ria. or 1n th e i ucgment of !h e Direc tor no longer offering adequate safety to th e City , w ill be removed from th e lis1. Although a bank or sa vin gs and loan is on the qualified list , it will su ll be requ ired to pledg e co ll ateral on all depos its and investments, pursuant to State law . The City shall utilize a commerciall y ava il ab le bank rat ing se rvic e (Shes nunoff. PMA Financ ial Network) to perform a semiannual cred it ana ly sis on banks and savings and loans . The bank rat ing gu icelines w ill be calculated us ing public ly ava ilab le financ ial informatio n obtained from the release of the Conso li dated Repons of Cond ition and Income (Fi=IEC Reoo n) from the Federa l Rese rv e or from data reponed to the Comptroller of th e Currency Data obtained from the bank rat in g service w ill include factors covering th e following : overall raun g , liqu 1d1ty po li cy , cred it risk pol icy , interest rate pol icy , profitab ility and capital policy . Page 6 Policy 01-00 fi na1_2-00 • .. ) I • 0 • .. • . . • • In order to meet the minimum cred it criteria . a bank or sa vings and loan must meet the following cred it ratin g requiremen ts : 1. ha ve a Sheshunoff Pub lic Finance Pee r Group Rat in g of 30 or better on a sca le of zero to one hundred with one hundred being th e highest qu al ity for th e mos t recent reporting quarter; or 2. have a PMA Financial NetworK overall ratin g of thr ee or better on a sca le of one to fiv e with one being th e highest qu al ity for th e most recent report ing quarter . 3. The instituti on must qu al ify as a depos itory of pub li c fund s 1n Colorado as defined in CRS 24- 75-603 . The Director shall ma intain a file of all cred it rat ing analysis reports performed for th e City . SAFEKEEPING AND CUSTODY The safekeep in g and custody of secu rit ies owned by th e City shall be ma aged 1n accordance w ith Co lorado law and app li cab le Attorney Genera l 001nions. Regulat ion 3-1-6 . Use of Clea ring Corporat ions and Federa l Reserve Book-E ntry System The Director shall ap prove one or more fin ancial 1nst 1it.tions :o :irov1 de sa fekeep ing and custo dial serv ices for the City . A City ap prov ed Sa fekeep ing Agreeme nt sha ll be exec uted w ith each custod ian bank prior to ut 1li z1ng that Jan k's safe keep in g serv ices To be eli gible for oes 1gnai 1on as th e City 's safe keeping and custod ian bank. a fin anc ial in stituti on shall meet the followin g criteri a : 1. have a Sheshu noff Publ ic Finance Peer Group Ra ting of 20 or better on a sca le of zero to one hundred w ith one hundred be ing th e high es t quality for the most rece nt report ing quarter: or 2 . have a PMA Financ ial Network overall rat ing of three minus or better on a sca le of one to fiv e with one being the highest quality for th e most rece nt repo ning qu arte r . 3. qua lify as a depos itory of public funds 1n th e State of Co loraco as defined 1n CRS 24-75-603 and be a Federal Rese rve member financ ial 1nst1tut •on Custod ian banks w ill be selected on the ba sis of the ir ab 1ll r1 to prov ide se rvi ce to the C11y ·s account and the competitive pric ing of th e1r safekeep 1 t;; relatec serv ices (see Append ix IV). The Director shall also maintain a fil e of tt":e creel! aun g analysis reports performed for eac h approved financial in st ituti on . Cred it ana ly sis sha ll be performec on a sem i-ann ual bas is . It is the objective of the C ity that all ow ned secu ri ties be perfec:ed in the nam e of the City Sufficient evidence to titl e sha ll be cons iste nt w ith modern inv es tm ent . banking and co mmercia l practi ces . All investment secur ities , excep t non-negot iab le cert ifi cates of depos it and money market fu nds , purchased by the City will be de liv ered by eith er book entry or physical de livery and will be held 1n third -party safekeep ing by a City approved cu stod ian bank . its correspondent New York bank or the Depository Trust Corporation (DTC ). The City's perfected ownersh ip of all book entry sec uriti es shall be ev idenced by a safekeep ing rece ipt issued to the City by the custodian bank who acts as th e City ·s safekeeping agent. T he safekeeping receipt shall state that th e securities are held in th e Federal Reserve system eith er in a Customer Account/1030 for the custodian bank wh ich will nam e the City as "customer" or in a Trust Account/1050 with the trust department named as agent for the City . All non-book entry (physical de livery } securiti es shall be held by the custod ian bank 's correspondent bank in New York City and th e cus tod ian bank shall iss ue a safekeep ing receipt to the City evidencing that the securiti es are he!d by the co rres pond ent bank for the City . The City Page 7 Poli cy 01-00 fina1_2-00 • 0 I • 0 • • • --• '·' • • .. may ut ilize the services of the Depos ito ry Trust Corporation (OTC) as a depos itory for deli v ery of non-wireab le securities . All custodied secunties that are reg istered shall be reg istered in the name of the C ity or 1n the name of a nominee of the C ity or in the name of the custod ian or its nom inee or. if in a clea ri ng corporation , in the name of the clearing corporation or its nominee . The City 's custod ian will be required to furni sh the City w ith a monthly repon of securit ies e ld as well as an account analysis repon of month ly securities activity . PROVISIONS FOR ARBITRAGE The C ity periodically issues debt obl igat ions wh ich are subj ect to the prov isions of the Tax Re fo rm Act of 1986 (section 148F), Arb itrage Rebate Regulations . Due to the legal comp le x 1t1es of arbitrage law and the necessary immu ni zat ion of yield levels. the procedures u nder1a ke n 1n th e reinvestment of all or a ponion of the ;,roceeds of suc h debt issuance may extend bey o n d :hose outl ined in this Policy . The Director , upon adv ice from Bond Counse l and fi na n c ia l ad v isors . m ay alter provisions of this Pol icy for arbitrage relateo investm e nts as may be necessary to c ::n a rm w ith federal arbitrage regulations . In all cases . howeve r . inves ,m ents w ill be 1n com p li a nc e .v 1th Co lorado Rev ised Statutes . Thi s sec :;c n is on ly app li cao le to C,ty 1...nds su oi ec: to a r:, rag e res tri ctions . REPORTING An investment repon shall be prepared . at least on a m o nth ly bas is . listing the inves tm e n ts h elc by the C ity , the current market va luation of the investments and pe rforman ce res u lts . T he monthly investment repon shall be subm itted 1n a timely mann er to the City Manager and th e C ity Council. A record shall be maintained by the Depanm e nt of Financia l Services of a ll b ids and offerings for securities transact ions in order to ensure that the City rece ives competi tive pric :n g . The City has establi shed report ing and account ing sta ndards fo r ca ll a ble U .S . Inst rumen ta li ty secu rities . Call able securiti es may be retired at the iss ue r's op t ion pri or to th e sta ted maximum maturity . All securities hold ing repons for the C ity sha ll d isclose the stated maturity as we ll as the first ca ll date of each callable security held . In the case of ca ll ab le sec uriti es wh ich are pu rc n ased priced to the first ca ll date and , in the op ini on of the Director. have an overwhelm ing p robao 1li ty of bein g called on the first call date . we ighted average maturity . amor11zat 1o n as well as yie ld sh a ll be ca lcul ated us ing the first call date . The Direc tor may . however. choose to use a further ca ll date maturi ty date for reponing purposes when conditions mandate . PERFORMANCE REVIEW The Director and the City Manager sha ll meet at least quar1erly to rev iew th e pomoli o 's ac he rence to appropriate risk levels and to compare the pomol io 's tota l return to the established inves tment objectives and goals . The Director shall periodically establish a benchmark yield for the City 's investments w h ic h shall be equal to the average yield on the U.S. Treasury security wh ich most close ly correspond s !o the pomolio's actual weighted average maturity. When comparing the performance of the C ity 's portfol io . all fees and expenses involved with managing the ponfoli o shou ld be incl uded 1n the computation of the portfolio's rate of return . Pa;e 8 Poll ey 0 1-00 fina 1_2-0 0 • .. .. 0 I • 0 -----------------------------------·------- - • • • l .. ,. • - ETHICS AND CONFLICTS OF INTEREST Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program. or which could impair their ability to make impartial investment decisions . Employees and investment officials shall disclose to the City Manager any material financial interest in financial institutions that conduct business with the City , and they shall further disclose any large personal financial/investment positions that could be related to the performance of the City 's portfolio. Employees and officers shall subordinate their personal investment transactions to those of the City particularly with regard to the timing of purchases and sales . POLICY REVISIONS This Investment Policy will be reviewed periodically by the Director and may be amended as conditions warrant by the City Manager and the City Counc il. Prepared by: Frank Gryglewicz Director of Financial Services Approved by C ity Council September 17 . 1990 Amended by City Council December 16 , 1991 Amended by City Council April 5, 1993 State of Colorado . County of Arapahoe Prepared by : Steve Dazz 10 Chief Accountan t Amenced by C ity Council September 5. 1995 Amended by City Council December 15 , 1997 Amended by City Council February 7, 2000 I, Loucrishia A . Ellis , City Clerk in and for the City of En;lewood . in th e State aforesaid . do hereby certify that the foregoing is a full . true and correct copy of the Investment Policy as the same appears upon the records of my office wh ich are in my custod y . Given under by hand and official seal, this __ day of ______ . A .D . 1997. ____ _ o'clock _.m . Page9 Loucrishia A. Ellis City Clerk • POiicy 01-00 ftna1_2-00 I • 0 3 xi - • • --------··---------------,--------------------.. • t• t'>· .. • - APPENDIX I Authorized Personnel The following persons are authorized to conduct investment transactions and wire transfer funds on behalf of the City of Englewood : Steve Dazzio . Chief Accountant Jennifer Nolan. Accountant II Kathy cassai. Accountant II Frank Grygi-icz, Director of Financial Services Page 10 POiicy 01-00 final _2-00 ,. . " ,. ) I • 0 3 - • • • • _... • ,~~ .. .. 4 .... ·' • -' APPENDIX II Repurchase Agreements The following firms have executed a City approved Master Repurchase Agreement with the City of Englewood. Banc of America Securities Morgan Stanley Dean Witter Prudential Securities Agreements maintained in separate file . Page11 Policy 01-00 final _2-00 ' • '> • ,. .. ~ ' ' I • 0 3 - • .. ~ _. • l • ~·· •· ·-• -.. APPENDIX Ill Authorized Broker/Dealers and Financial Institutions The following firms are approved for investment purposes by the C ity of Englewood . Banc of America Securities Dain Rauscher Kirkpatrick Pettis Merrill Lynch Morgan Stanley Dean Witter PaineWebber Prudential Securities Salomon Smith Barney .. Page 12 Policy 01-00 fina1_2-00 ~ .. : ~ • • I ) I • 0 3 - • • ·• • • - APPENDIX IV Designated Custodial Banks The following bank is authorized as the designated custodial bank for the C ity of Englewood : Norwest Bank Minnesota 6"' and Marquette Minneapolis, MN 55479-0130 Page 13 Pol icy 01-00 fina1_2 .oo • l I • 0 - • • • ·• ~ ..-. • . . • -... DRAFT: Additional language is underlined ; eele1ee laRg11age is iR &IFikelt:lre11gt:l le111 . City of Englewood, Colorado INVESTMENT POLICY The Director of Financial Services of the City of Englewood , Colorado is charged with the responsibility to prudently and properly manage any and all funds of the City . Because these funds may be called upon . it is essentia l that absolute maturity horizons are identifiable for the purpose of liquidity . Moreover, these funds must be fully collateralized and appropriately authorized . The following Investment Po li cy addresses the methods . procedures and practices wh ich must be exercised to ensure effective and sound fiscal managem~nt . SCOPE Th is Po li cy shall apply to the investment of all fi nanc ial assets and all funds of the City of Englewood (hereafter referred to as the "City") over wh ich 11 exercises fi nancial contro l. excep t the City of Englewood Firefighters Pens ion Fund . Volunteer Firefighters Pens ion Fund , Po lice Offic ers Pens ion Fund. the Non-Emergency Employees Retirement Plan Fund and ot her City empl oyee ret irement plans . In order to effectively make use of the City 's cash resources . all mo ni es shall be pooled into one investment account and accounted for separately . The investment inco me derived from th is account shall be distributed to the various City funds in accorda nce w ith Englewood Mun ic ipal Code , 4-1 -2-A . OBJECTIVES The City 's principal investment objectives are : • Preservat ion of cap ita l and the protect ion of investment principa l. • Maintenance of sufficient liqu idity to meet anticipated disbursemen ts and cash fl ows . • Divers ificat ion to avoid incurring unreasonable risks regard ing securities owned . • · Atta inment of market rate of return equal to or higher than the performa nce meas ure estab li shed by the Director of Financial Services . • Conformance with all City , Federal . State and other legal requireme nts . DELEGATION OF AUTHORITY The ultimate responsib ility and authority for investment transactions involv ing the City res ides w ith the Director of Financial Serv ices (here inafter referred to as the "Director") who has been designated by the City Manager as the Investment Officer in accordance with Eng lewood Mun icipal Code. The Director may appoint other members of the City staff to ass ist him in the cash management and investment func ti on . Persons who are authorized to transact bus iness and wire funds on behalf of the City will be designated by the Director by the w ire transfer agreement executed w ith th e City 's approved depository for bank serv ices (see Appendix I). The Director shall be respons ible for all investment decisions and activities . and shall establ ish written adm inistrative procedures for the operation of the City 's investment program cons istent w ith th is Investment Policy . The Investment Officer acting w ith in these procedures shall not be held personally liable for specific investment transactions . The Director may in his discretion appo int one or more Investment Adv isors. reg istered with the Securities and Exchange Comm iss ion under the Investment Adv isors Act of 1940 , to manage a portion of the City 's assets . An appo inted Investment Adv isor may be granted lim ited investment Pa ge 1 Policy O 1-0 0 redhn e • . ) I • 0 - • • • .. ,. ,,,-. • . . • - discretion within the gu idelines of th is Investment Pol icy with regard to the C ity 's assets placed under its management. An Investment Advisor can on ly be appointed after consultation w ith and approval by the C ity Manager. PRUDENCE The standard of prudence to be used for m anaging the City 's assets 1s th e "prudent investor" ru le , which states . "investments shall be made with j udgment and care . under circums ta nces then prevailing, which persons of prudence . d iscretion and intelligence exercise in the management of their own affairs . not for speculation , but for investment cons idering the probable safety of their capital as well as the probable income to be derived ." (CRS 15-1-304) The C ity 's overall invest ment prog ram sh a ll be des igned an d m anaged w ith a d ecree of professional ism that is worthy of the publ ic trust. Th e City recogn izes that no investm e nt 1s tota ll y nskless and that th e investment act iv iti es of the City are a matter of ou bl ic record . Acco rd 1nglv . the C ity recognizes that occasional measured losses are inevitable 1n ,a d iv ersifie d oortfo lio and shall be considered wi th in the con te xt of the overall portfoli o 's ret urn . prov id ed thai adequate d ivers ification has been implemented and that the sale of a sec untv 1s 1n the best 'ong -erm interest of the C itv . ELIGIBLE INVESTMENTS AND TRANSACTIONS All investments w ill be made in accordance with the Colorado Revised Statutes (CRS ) as foll ows : CRS 11-10.5-101 , et seq . Public Deposit Protection Act : CRS 11-47-10 1, et seq . Sa vi ngs and Loan Association Public Deposit Protection Act ; CRS 24-7 5-60 1, et seq. Fund s-Legal Investments for Governmental Un its : CRS 24-75-603 , et seq . Depositories : and CRS 24-7 5-7 0 1, et seq . Local Governments-Local Government Pool ing . Any rev isions or e xt e nsions of these sections of the CRS w ill be assumed to be part of thi s Investm ent Poll cv immed iately uoon be in g enacted . As a home rule C ity , Englewood may adopt a list of acceptable investmen t instruments diffe rin g from those outlined in CRS 24-75-601 , et seq . Funds-Legal Investments for Government a l Units . Funds of the C ity of Englewood covered by this Investment Po li cy may be invested 1n the following types of securities and transactions : 1. Treasury Obligations (T-Bills. T-Notes, T-Bonds ). 2 . Treasury Strips (book-entry U .S . T reasury securities whose coupon has been removed ). 3 . Federal Instrumentalities -Debentures , D iscount Notes , Med ium Term Notes or Callable Securities issued by the following only: Federal National Mortgage Association (FNMA), Federal Home Loan Bank (FHLB), Federal Home Loan Mortgage Corporation (FHLMC ), Federal Farm Credit Banks (FFCB), and Student Loan Marketing Association (SLMA) . 4 . Repurchase Agreements with a termination date of 90 days or less util izi ng U .S . Treasury and Federal Instrumentality securities li sted above, collateralized initially at a min imum market value of 102 percent of the dollar value of the transaction w ith the accrued interest accumu lated on the collateral incl uded in the ca lculation . If the market value of the collateral falls below 101 percent of the dollar value of the transacti on . the collatera l will be requ ired to be brought up to the 102 percent initial maintenance level. Repurchase agreements shall be entered into only with dealers who : a) are recogn ized as Primary Dealers by the Market Reports Div ision of the Federal Reserve Bank of New York: and b) have executed a City approved Master Repurchase Agreement (see Appendix II ). Page 2 Polic y O 1-00 red line • I • 0 • • .,-. • , ...... • • Primary Dealers approved as Repurchase Agreement counterpart ies shall have a short-term credit rating of at least A-1 or th e equivalent and a long-term credit rating of at least A or the equivalent. Collateral (purchased securities) shall be held by the City's custod ian ban k as safekeep ing agent. and the market value of the collateral securities shall be marked-to-the-market daily aa&ee BR 11:ie Ilia !1Fl68 'eF 'Re !IF8111811& say as FB!18R8S 'Fl iRB Wall SIFBBI .Jeiomal. For the purposes of this section. the term ·collateral " shall mean ·purchased securities " under the terms of the City approved Master Repurchase Agreement. In no case will th e maturity of the collateral exceed ten years. 5 . Reverse Repurchase Agreements with a maturity of 90 days or less executed only aga in st securi ties owned by the City and collateralized by the same type of secu rity reversed . 6 . Flexible Repurchase Agreements with a final maturity of ten years or less entered into by the City with approved counterparties . These flexible repurchase agreemen ts may be closed out in varying amounts and at vary ing tim es at th e op ti on of th e City . These agreeme nt s are deemed by both parties to be purchases and sales of securit ies and are not loans . All such flexible repurchase ag reements shall meet the follo w in g crite ri a: • Be determined as legal and valid for both parties ; • Collateral shall be li mited to: a ) Securities issued by , guaranteed by , or for wh ic h the cred it of any of the follow ing 1s pledged for payment: the United States . Federal Farm Cred it Ban k , Federal Lano Bank . Federa l Home Loan Bank , Federal Home Loan Mortgage Corporation , Federa l National Mortgage Associat ion , Export Import Bank or the Government National Mortgage Association ; or b) Securities issued by , guaranteed by , or for which the credit of the following is pledged for payment: An entity or organization which is not listed in paragraph a ) above , but which is (1) created by. or the creation of which is authorized by , leg islat ion enacted by the United States Congress and wh ich is sub ject to control by th e federal governmen t which is at least as extensive as that whic h governs an ent ity or organizat ion listed in paragraph a) above , and (2 ) rated in its highest rating category by one or more nationally recognized organ iz ations which regularly rate such obligations . • Have a fixed rate during the ent ire life of the agreement; • The dollar amounts and periods of time when the City may draw fu nds out of the repurchase agreement shall be agreed upon in writing by both part ies and shall be part of the written repurchase agreement exercised by the City and the approved counterparty; • The City has the option of varying the dollar amount and the timing of the draw down by an agreed upon percentage of the ant ic ipated draw down and a specified number of days . The City and the counterparty to the agreement will specify the deta il s of the allowable variance when the agreement is structured . In add ition , the City may draw down in excess of the variance up to the remaining balance in the agreement for a bona fide, unanticipated cash need: • Collateral shall have an original minimum market value (including accrued interest accumulated) of at least 102 percent of th e doll ar value of the transaction . Once a repurchase agreement is establ ished , the collateral maintained shall be no less than 101 percent of the dollar value of the transaction at all times; • Repurchase agreements shall be entered into only with dealers who are authorized by the Finance Director and have executed a City approved Master Repurchase Agreement : Page 3 Poli cy O 1-00 redhne • I • 0 • • • I , .. • • - • The title to or a perfected security interest in securities , along with any necessary transfer documents. must be transferred and actually delivered to , and shall be held by , the City's third-party custodian bank acting as safekeeping agent. The market value of the collateral securities shall be marked-to-the-market monthly based on the closing bid pr ice at the time the custodian for the collateral issues ,ts monthly statement to the City . For the purpose of the section , the term "collateral" shall mean "purchased securities" under the terms of the City approved Master Repurchase Agreement . In no case will the maturity of the collateral exceed ten years . 7. Time Certificates of Deposit or savings accounts in state or national banks operating in Colorado which are state approved depositories (as evidenced by a certificate issued by the State Banking Board) and are insured by the FDIC. Certificates of deposit which exceed th e FDIC insured amount shall be collateralized in accordance with the Colorado Public Deposit Protection Act. The collateral will have an initial market value equal to or exceeding 102 percent of the difference between the insured amount and the City 's total deposits for all funds within the institution. If the market value of the collateral falls below 101 percent of the dollar value of the transaction , the collateral will be required to be brought up to the 102 percent initial maintenance. 8 . Time Certificates of Deposit or savings accounts in state or federally chartered sav ings and loans operating in Colorado wh ic h are insured by the FDIC . Deposits which exceed the FDIC insured amount shall be collateralized in accordance with the Co lorado Pub li c Deposit Protection Act. This collateral will have an initial market value equal to or exceeding 102 percent of the difference between the insured amount and the City's total deposit for all funds within the institution. If the market value of the collatera l falls be low 101 percent of the dollar value of the transaction, the collateral will be required to be brought up to the 102 percent initial maintenance level. 9 . Colorado Local Government Liquid Asset Trust (COLOTRUST). 10 . Prime Bankers Acceptances with a maturity of s,x months or less issued on Jomestic banks or branches of foreign banks domiciled in the U.S . and operating under U .S . banking laws . Accepting banks must have a senior debt rating of P...:..... _g_by Moodys and /or A,.-..B_by Standard and Poors . 11 . Prime Commercial Paper with a maturity of 180 days or less wh ich , at the time of purchase . is rated at least~ A-1 by Standard and Poors . P-1 by Moodys. F-1 by Fitch OR G4,... J2.:.l by Duff and Phelps . a ) At the time of purchase, the commercial paper must be rated by at least two of the above stated rating agencies at the stated minimum rat ing . b) If more than two of the above stated agencies rates an issuer , all of those rat ing agencies must rate the issuer in accordance with above stated minimum cred it criteria . c) If the commercial paper issuer has senior debt outstand ing , the senior debt must be rated by each service that publishes a rating on the issuer as at least A4-A2 by Moodys , A---~ by Standard and Poors, ~~by Fitch , OR A-4-~by Duff and Phelps. OTHER INVESTMENTS It is the intent of the City that the foregoing list of authorized securities be strictly interpreted . Any deviation from this list must be pre-approved by the Director in writ ing after approval by the City Manager. Page 4 Po licy O t -00 redl ine • ---------- I • 0 • • • " ,,.. . • • -' INVESTMENT DIVERSIFICATION It is the intent of the City to diversify the investment instruments within the portfol io to avo id incurring unreasonable risks inherent in over investing in specific instruments, ind ividual financ ial institutions or maturities . The asset allocation in the portfolio should , however . be flexible depending upon the outlook for the economy , the securities market , and the City 's cash flow needs . The City may invest to the follow ing max imum li mits with in each category : • 100% in U.S . Treasury Obligations Ql,ll Aer lsss tRaA liQ % • 50% in Certificates of Deposit • 50% in allowable Federal Instrumentalities • 40% in Repurchase Agreements collateral ized by allowab le Federa l Instrumenta lities • 100% in Repurchase Agreements collateral ized by U.S. Treasury Ob li gat ions • 20% in Bankers Acceptances • ~0% in Commercial Paper Tests for limitations on percen tages of holdings app ly to the composite of he en ti re oomoli o of the City. not to indiv idua l pomolios ma inta ined by th e City . Pe rc entage li m1tat 1on s use d or measurements are based on th e percen tage of cos t value of he pomoli o INVESTMENT MATURITY AND LIQUIDITY Investments shall be li mited to maturities not exceeding ~fiv e years . In ad dition. th e weig hted average maturity of the total pomolio shall at no time exceed &1§1:!tseA ~months . Tl'1 e C'ty sl:>a ll at all tiFl'lB& FRa iAla1A 1 Ii % ef its ·eta l iA'"861Fl'l8AI ~eF#e li e IA IASIFl,lFR8AIS Fl'l all,l FI A§ P '2Q s a~·s er le&&, OTHER INVESTMENT GUIDELINES All investment transactions must be executed with broker/dealers and financ ial institutions that have been authorized by the C ity . and each transact ion must be competitively transacted w ith at least two authorized broker/dealers financ ial institut ions . If th e City is offered a sec urity for wh ic h there is no other read il y avai lab le compe ti tive offe rin g. then the Director shall document quotat ions for comparable or altern at ive secu ri ties . When purchasing or ig inal issue ins trumental ity sec uri ties . no compet itive offer ings will be required . as all dea le rs ,n the se lli ng group offer those sec urities at the same orig ina l issue pr ice . In add ition . before any repurchase agreements shall be executed with an authorized broker/dealer or financ ial institution, a City approved Master Repurchase Agreement must be signed between the City and that broker/dealer or financial institution . The Director shall ma intain a file of all Master Repurchase Agreements. The purchase and sale of all securities shall be on a delivery versus payment or payment versus delivery bas is . For instance. for securities purchases. monies will not be released by the City 's safekeep ing bank until securities are rece ived at the Federal Reserve Bank for further credit to the City 's safekeep ing bank. In the case of securities sales , monies will be received by the City 's safekeeping bank via the Federa l Reserve Bank as the securities are simultaneously released to the purchaser. In th is manner the City w ill always have possess ion of either its securities or its monies . The City seeks an active . rather than pass ive , management of its portfolio assets . Assets may be sold at a loss only if the Director or the Investment Advisor feels that the sale of the security is in the best long-term interest of the City . Page 5 Polic y O 1-00 redline • I • 0 • • -• ,. • • - SELECTION OF BROKER/DEALERS AND FINANCIAL INSTITUTIONS ACTING AS BROKER/DEALERS . The Director shall maintain a li st of authorized broker/dealers and financial institutions which are approved for investment purposes (see Append ix Ill). and it shall be the policy of the City to purchase securities only from those authorized institutions and firms . To be eligible. a firm/bank must meet at least one of the following criter ia: 1 . be recognized as a Primary Dealer by th e Market Reports Division of the Federal Reserve Bank of New York . 2 . report voluntarily to the Market Reports Division of the Federal Reserve Bank of New York . 3 . 8e a1111Fe eli 8)' t"1e Q1Fe&IBF alieF a &Bl'RIIFBRBAs111e &reeit aAe sa111talizat1eA aAalys is 'Ali1&ates IRB liFl'R 16 898fi!1,8le ly 'IAaA&Bli l e &BAlii,&l lli,s iABSS witR !RB City ,-orov1de wri tt en cert1ficat1on to the City th at !he broker/dealer has met th e securit ies dealer's capital adeguac v requirements of th e New Yor k Federa l Reserve Bank on a cont in uous ba sis or th e or ev1ous twe lve month period . These capital adequacy requ irements are found 1n th e New York Federa l Rese rv e Ban k publ ica ti on en titl ed Capital Adequacy Guidelines fo r Go vernment Se curities Dealers. 4 . be an FDIC member. Broker/dealers and other financial institutions will be se lected by the Director on th e bas is of he ir expertise in public cash management and th eir abil ity to provide service to the City 's acco unt. Each broker/dealer, bank or savings and loan that has been autho riz ed by th e Director sha ll be required to submit and annually update a City approved Broker/Dea ler Informat ion Request form which includes the firm 's most recent financ ial statements . The Director shall ma1nta 1n a fil e of the most recent Broker/Dealer Information Request forms submitted by each firm approved for investment purposes . Broker/Dealers shall also attest 1n wr iting that they have recei ved a cop y of this Policy. The City may purchase Commercial Paper from direct issuers even though thev are not on he aporoved list of broker/dealers as long as they meet th e criteria ou tlined in Item 11 of th e El1q1 ble Investments and Transacti ons sect ion of this Po licy . SELECTION OF BANKS AND SAVINGS AND LOANS AS DEPOSITORIES AND PROVIDERS OF GENERAL BANKING SERVICES The City shall maintain a li st of authorized banks and savings and loans which are approved to provide banking services or from whom the City may purchase certificates of deposit. To be eligib le for authorizat ion , a bank or sav ings and loan must meet the minimum cred it criteria (described below) of credit analys is provided by a commercially available bank rating service . Banks or savings and loans failing to meet the minimum criteria . or in the judgment of the Director no longer offering adequate safety to the City , w ill be removed from the list. Although a bank or savings and loan is on the qualified li st. it will still be required to pledge collateral on all deposits and investments, pursuant to State law . The City shall utilize a commerc ially available bank rating service (Sheshunoff. PMA Financial Network) to perform a semiannual credit analysis on banks and savings and leans . The bank rating guidelines will be calculated using publicly available financ ial information obtained from the release of the Consolidated Reports of Condition and Income (FFIEC Repo11) from the Federal Reserve or from data reported to the Comptroller of the Currency . Data obta ined from the bank rating service will include factors covering the following : overall rating , liquidity policy , credit risk policy. interest rate policy , profitability and capital policy . Page 6 Po he y O 1-00 redline • I • 0 • • • .,-. • I > • -... In order to meet the minimum credit criteria. a bank or savings and loan must meet the following credit rating requirements : 1. have a Sheshunoff Public Finance Peer Group Rating of 30 or better on a scale of zero to one hundred with one hundred being the highest quality for the most recent reporting quarter; or 2. have a PMA Financial Network overall rating of three or better on a scale of one to five with one being the highest quality for the most recent reporting quarter. 3. The institution must qualify as a depository of public funds in Colorado as defined in ClalS ;i;i ~ CRS 24-75-603 . The Director shall maintain a file of all credit rating analysis reports performed for the City . SAFEKEEPING AND CUSTODY The safekeeping and custody of securities owned by the City shall be managed in accordance with Colorado law and applicable Attorney General opin ions . Regu lation 3-1-6 , Use of Clearing Corporations and Federal Reserve Book-Entry System . The Director shall approve one or more financ ial institutions to prov ide sa fekeeping and custod ial services for the City . A City approved Safekeeping Agreement snail be executed with eac h custodian bank prior to utilizing that bank 's safekeeping services . To be eli gible for des 1gnat1on as the C ity's safekeeping and custodian bank . a fin ancia l inst itution sha ll meet th e foll ow ing criteria : 1 . have a Sheshunoff Public Finance Peer Group Rat ing of 20 or better on a sca le of zero to one hundred with one hundred being the highest qua lity for the mos t recent report ing quarter; or 2 . have a PMA Financial Network overall rat ing of three minus or better on a sca le of one to fiv e w ith one being the highest quality for the most recent report ing qu arter. 3 . qualify as a depository of oublic funds 1n the State of Coloraoo as defin ed 1n CR S 24 -75-603 and be a Federal Reserve member financial 1nst1tu!lon Custodian banks will be selected on the basis of their ability to provide serv ice to the City 's account and the competitive pric ing of their safekeep ing related se rv ices (see Appendix IV). n~e i;;)iF8618F sRall F8et1,1iF8 8861'1 81i11i1F8 es sat8k881i'IR!I £i1<aR&1a l Rst1ti.ll8R ·e s1.;8R'l11 a &BlilY et ·ts CBR&Blieates lal81i19A& et CBRS iliBR aRe IR69F"18 (j;P'll!C lal81i19A ) 19 IF'B CI)' The Director shall also maintain a file of the credit rating analysis reports performed for each approved financial institution . Credit analvsis shall be performed on a semi -annual bas is . It is the objective of the City that all owned securities be perfected in the name of the City. Sufficient evidence to title sha ll be cons istent with modem investment. ba nkin g and commerc ial practi ces . All investment securities . except non-negotiable certificates of depos it and money market funds , purchased by the City will be delivered by either book entry or physical delivery and will be held in third-party safekeeping by a City approved custodian bank, its correspondent New York bank or the Depository Trust Corporation (OTC). The City 's perfected ownership of all book entry securities shall be evidenced by a safekeeping receipt issued to the City by the custodian bank who acts as the City 's safekeep ing agent. The safekeeping receipt shall state that the securities are held in the Federal Reserve system either in a Customer Account/1030 for the custodian bank which will name the City as "customer" or in a Trust Account/1050 with the trust department named as agent for the City . All non-book entry (physical delivery) securities shall be held by the custodian bank 's correspondent bank in New York City and the custodian bank shall issue a safekeeping receipt to Page 7 Policy O 1-00 redhne • • ) I • 0 • • .. • .,,... . • .. , • -.. the City evidencing that the secunties are held by the correspondent bank for the City . The City may utilize the services of the Depository Trust Corporation (OTC) as a depository for delivery of non-wireable securities . All custodied securities that are registered shall be registered in the name of the City or in the name of a nominee of the City or in the name of the custodian or its nominee or . if in a cleanng corporation, in the name of the cleanng corporation or its nominee . The City 's custodian will be required to furnish the City with a monthly report of securities held as well as an account analys is report of monthly securities activity . PROVISIONS FOR ARBITRAGE The City periodically issues debt obligations which are subject to the prov isions of the Tax Reform Act of 1986 (section 148F). Arb itrage Rebate Regulat ions . Due to · the lega l complexities of arbitrage law and the necessary immunization of yield levels . the procedures undenaken in the reinvestment of all or a portion of the proceeds of such debt issuance may extend beyond those outlined in this Policy . The Director, upon advice from Bond Counsel and financial advisors. may alter prov isions of this Policy for arbitrage related investments as may be necessary to conform with federal arbitrage regulations . In all cases . however . investments will be in compliance with Colorado Revised Statutes. This section is only applicable to City funds subJect to arbitrage restrictions . REPORTING An investment report shall be prepared. at least on a monthly bas is . li sting the investments held by the City, the current market valuation of the investments and performance results. The monthly investment report shall be submitted in a timely manner to the City Manager and the City Council. A record shall be maintained by the Department of Financial Services of all bids and offerings for securities transactions in order to ensure that the City receives competitive pric ing . The City has established reporting and accounting standards for callable U.S . Instrumentality securities . Callable securities may be retired at the issuer's option prior to the stated maximum maturity . All securities holding reports for the City shall disclose the stated maturity as well as th e first call date of each callable security held. In the case of callable securities which are purchased priced to the first call date and. in the opinion of the Director . have an overwhelming probability of being called on the first call date . weighted average maturity . amortization as well as yield shall be calculated using the first call date. The Director may, however , choose to use a further call date maturity date for reporting purposes when conditions mandate . PERFORMANCE REVIEW The Director and the City Manager shall meet at least quarterly to review the portfolio 's adherence to appropriate risk levels and to compare the portfolio 's total return to the established investment objectives and goals. The Director shall periodically establish a benchmark yield for the City 's investments wh ich shall be equal to the average yield on the U.S . Treasury security which most closely corresponds to the portfolio 's actual weighted average maturity . When comparing the performance of the City 's portfolio , all fees and expenses involved with managing the portfolio should be included in the computation of the portfolio's rate of return . ETHICS AND CONFLICTS OF INTEREST Page 8 Poli cy O 1-00 redline • I • 0 J • • .. ~ ,,-·-4 • 1~.,' . .. .. • -.. Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program. or which could impair their ability to make impartial investment decisions. Employees and investment officials shall disclose to the City Manager any material financial interest in financial institutions that conduct business with the City, and they shall further disclose any large personal financial/investment positions that could be related to the performance of the City's portfolio. Employees and officers shall subordinate their personal investment transactions to those of the City particularly with regard to the timing of purchases and sales. POLICY REVISIONS This Investment Policy will be reviewed periodically by the Director and may be amended as conditions warrant by the City Manager and the City Council. Prepared by: Frank Gryglewicz Director of Financial Services Approved by City Council September 17 , 1990 Amended by C ity Council December 16, 1991 Amended by City Council April 5 , 1993 Prepared by : Steve Dazzio Chief Accountant Amended by City Council September 5, 1995 Amended by City Council December 1 5. 1997 Amended by City Council February 7 . 2000 State of Colorado. County of Arapahoe I, Loucrishia A. Ellis , City Clerk in and for the City of Englewood. in the State aforesaid. do hereby certify that the foregoing is a full , true and correct copy of the Investment Policy as the same appears upon the records of my office which are in my custody. Given under by hand and official seal. this __ day of ______ . A .O. 1997, ____ _ o 'clock _.m. Page9 Loucrishia A . Ellis City Clerk Polic y O 1-00 rcdline ' . .. .. ' ' ' . 0 I • 0 3 - • • .. • . ..... • - APPENDIX I Authorized Personnel • .. .. The following persons are authorized to conduct investment transactions and wire transfer funds on behalf of the City of Englewood : Steve Dazzio. Chief Accountant Jennifer Nolan. Accountant II Kathy Cassai, Accountant II Frank GryglewicZ, Director of Financial Services Page 10 Policy O 1-00 rcdline 0 I • 0 xi - • • .. • -• .. ;~ ., .... .. .. • -' APPENDIX II Repurchase Agreements The following flnns have executed a City approved Master Repurchase Agreement with the City of Englewood. MaFRll l:yA&R Banc of America Securities Morgan Stanley Dean Witter Prudential Securities iFAilR 8aFAay Agreements maintained in separate file . Page 11 Policy O 1-00 redline ' . ., .. . · .. ) I • 0 32X • • ~ _. • l• ., .: • -... APPENDIX Ill Authortzed Broker/Dealers and Financial Institutions The following firms are approved for investment purposes by the City of Engl-ood. Banc of America Securities Dain Rauscher Kirkpatrick Pettis Menilllync:h Morgan Stanley Dean Witter PaineWebber Prudential Securities Salomon Smith Barney .. Page 12 Policy O 1-00 rcdline '· ' . .. ' ' • I . 0 3 X - • • • --------·-----------------------~--~------ ,. .. --· • ~-· .. • • ' APPENDIX IV Designated Custodial Banks .. The following bank is authorized as the designated custodial bank for the City of Englewood : lt'alla lzaf'tl iaRk A riaaAe pg lilaN39n& PllaaAi11, o,. a&gas 977& Norwest Bank Minnesota 6"' and Marquette Minneapolis. MN 55479-0130 Page 13 Policy 01-00 redline • , . I • 0 3 xi • • • RESOLUTION NO .;( SERIES OF 2000 ... ~ --. • • - • ~ ... //li i I A RESOLUTION APPROPRIATING F UNDS FROM THE 2000 BUDGET FOR GENERAL FU ND , CONSERVATION TRUST FUND AND GOLF CO URSE FUND PROJE CTS . WHEREAS, the Englewood City Council approved the City of Englewood's 2000 Budget on November 15 , 1999; and WHEREAS, the passage of this Resolution will appropriate the funds for the Gene r a l Fund for the Parks and Recreation Department Sound of Summer Concert Series , the Department is anticipating $10,000 grant from the Scientific and Cultural Facilities Di strict (SCFD); and WHEREAS , the passage of this proposed Re so lution will a ppropriate the fund s fo r t he Conservation Trust Fund for projects budgeted in 1999 . but will n ot be co mpleted until the year 2000: and WHEREAS, the passage of this proposed Re solution will appropriate fund s fo r t he Golf Course Fund ; NOW , THEREFORE , BE IT RESOLVED BY THE CITY COUNC IL OF THE CITY OF ENGLEWOOD, COLORADO , THAT : Section 1. The City of Englewood 2000 Budget is hereby amended as follow s: GENERAL FUND: Source of Funda : Unreserved/Undesignated Fund Balance SCFD Grant Uses of Funda : Recreational Services: Sounds of Summer Concert Series CONSERVATION TRUST FUND: Source of Funds : Unreserved/Undesignated Fund Balance llKft of Funda · Cultural Arts Commission (Feasibility Study Match) Recreation Center Computerized Register System Recreation Center Sign Playground Additions & Renovations Cultural Arts Commission (Art in Hampden Station) Recreation Center Gym Curtain $ 15 ,000 $ lQ 000 $ 25.000 $ 25 ,000 $ 74,650 $ 2,500 $ 6 ,000 $20,000 s 37 ,400 $ 3,750 $ 5000 $ 74 ,650 Item budgeted m 1999 not co mpl eted Item budge ted ID 1999 not co mpleted Item budgeted ID 1999 not co mple ted Item budgeted in 1999 not co mpl eted Item budgeted in 1999 not co mple ted Item budge ted in 1999 not co mp le ted .. ) I • 0 - • • GOLF COURSE FUND: Source of Fuodff' Retained earnings USGA Junior Golf Grant lJ•• of Fnode · ... ~'. ~ -• • - .. ' $ 30 ,000 S lQ OQO $ 40 .000 .. ~ Computers and Scanners for computerized registration system $ 30,000 :S lQ 000 $ 40 ,000 llem budgeted ,n 1999 not completed Junior Golf Program $ectiop 2. The City Manager and the Director of Financial Sel'Vlces are hereby authorized to make the above changes to the 2000 Budget of the City of Englewood . ADOPTED AND APPROVED this 7th of February, 2000 . Thomas J . Burns, Mayor AITEST: Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis, City Clerk for the City of Englewood , Colorado , hereby certify the above is a true copy of Resolution No ._, Series of 2000. Loucrishia A . Ellis ' . ., I • 0 • • • .. .,.-·· • l -... . . • -' COUNCILCOMMUNCATION Date Agenda Item SUbfect February 7, 2000 Resolution approving a supplemental appropriation to 2000 Budget for the 11 C iii Cons111Vatlon Trust and GoH Course Funds Initiated By I Staff Source Citv of Enal-ood, Financial Setvices O.,a,tment Frank Grvnl-icz. Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council approved the City of Englewood, 2000 Budget on final reading November 1 5, 1 999. RECOMMENDED ACTION Staff recommends City Council approve the attached resolution making changes to the C ity of Englewood 2000 Budget. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIRED Thia action if approved, appropriates funds for the General Fund , Conservation Trust Fund (CTF) and Golf Course Funds . The General Fund appropriation is for the Parks and Recreation Department Sound of Summer Concert Series . The O.S,artment ia seeking an additional $25,000 with $10,000 coming from a grant from the Scientific and Cultural Fac ilities Diatrict (SCFD). The CTF appropriation is for projects budgeted in 1999, but will not be completed until 2000 . The Golf Course is seeking an appropriation to acquire computers and scanners for a computerized registration system . The sources and uses of funds are as follows: GENERAL FUND Source of Funds : Unraa111Ved/Undesignated Fund Balance SCFOGrant Use of Funds : Sounds of Summer Concert Series CONSERVATION TRUST FUND Source of Funds · Unreserved/Undesignated Fund Balance Use of Funds : Cultural Arts Commission (Feasibility Study Match) Recreation Center Computerized Register System Recreation Center Sign Playground Additions & Renovations Cultural Arts Commission (Art in Hampden Station) Recreation Center Gym Curtain $15 ,000 $10.000 $25 ,000 $25,000 $74,650 $2 ,500 $6,000 $20,000 $37,400 $3,750 ~ $74,650 Item budgeted In 1999 not completed Item budgeted In 1999 not completed Item budgeted in 1999 not completed Item budgeted in 1999 not completed Item budgeted In 1999 not completed Item budgeted in 1999 not completed ... I • 0 I • • GOLf COURSE RN> §oul'Cf o1 Funds: R«ained eaminga USGA Junior Golf Grant Uyol fyndf · l • ,·- Computers and ac:anners for computerizlld registration system Junior golf program FINANCIAL IMPACT ~ ,,.-. • • - $30,000 l12.222 $40,000 $30,000 l12.222 $40 ,000 .. .. .. Item budgaled in 1999 not completed Thia action will reduce the General Fund's UnreH1Ved'Undesignated Fund Balance by S15 .000 ; Conserva1 ion Trust Fund's Unreeerved'Undelignated Fund Balance by $74,650 and Goff Course Fund's Relained Earnings by $30.000 and the USGA Junior Golf Grant by $10,000. UST OF ATTACHMENTS Propond resolution .. 0 0 I • C, 3 • • , . 2 . 3. 4 . 5 . .. ..-. • ·~· • - AGENDA FOR THE REGULAR MEETING OF . THE ENGLEWOOD CITY COUNCIL MONDAY. FEBRUARY 7 , 2000 7 :30 P .M . Call to order. '; .' ~ ~ Invocation. ~ Pledge of Allegiance. ~ ' :::' CJ~ /~$/+~~ !J muJ L.d ab .. Minutes from the Regular City Council meeting of J~nuary , 7. 2000 . )1!:bfa l.t1r ( T II 1/F ~ Minutes from the Special City Council meeting of January 31 , 2000 . • 6 . Scheduled Visitors . (Please limit your presentation to ten minutes .) a . a Letter from Janet Spangenberg indicating her ,esignation from the Englewood Cultural Arts Commission . Letter from Bill Vobejda indicating his resignation from the Englewood Water and Sewer Board . PINN nol9: If you have a dlublltty and need auxiliary aids or Ht'Vicff, plNae notify the Ctty of Englewood (303-712·2405} at !eat 41 hOUrS In advance of when aervlcn are needed. Thank you . • • ., I· 0 - • • .. ~ /' . • .. • -.. Englewood City Council Agenda February 7, 2000 Page2 c. Appointment of Board and Commission Members . ,),, ,l _}L OiHJ ~ 1,.~0 A resolution reappoinUng Cjl':£!.Y~ ,rmjtron~n~e ... w~d_:arks and f4YJHf . T { (LIi Recreation Comm1ss1on . fP ~ 1161-f r },,-? 0 1. -.J-L ~-~, A resolution reappointing Gary C. Bowman to the Eng lewoo~on-~ lAj'F"il!ff(:yrgency Retirement Board . ~ ,W [-) j£ f0 ~ f2J-Dlf JL_ i~IW~uaioo Cahil~o tho Englewood Publi c Li b,a'Y J11 'ff j iv. A resolution reappo inting LeRoy ~~~V!~~ ~o th01~n)i~w~~on- f-h6 -Emergency Retirement Board . /V _,.'i,~ r~llf7! /J11 , A.If-lo ,f~ A resolution app~T~~~h,n_ A . ~ates to the Eng lewood Cul tu ral Arts ~ -""(i1A1fe@m1ss1on . (/V ~ ~ ~ I) A , O :/I / / v~,a.Ji A resolut ion app~i~~ ~~j~es Hab~~~h_rJ~nglewood Water and /CM czrrr;Jtf'erBoard. id~ ,,~~~ · KJMJ /).., v~ii. A resolution app_ointin~fu!_thji_!l~~e~o the Englewood Cle~n. G en and --~-1,oudComm1ss1on . W~~ ~ KMo j/ }3_ v ·'ttr~r;fc,lution reappointing Ruth Han1~wood Co d v/i)J}{)..J1 Enforcement Advisory Committee . v -,-....... V--.::1)-- /),do )I _!.1_ ),A.llA A resolution appoint irffi~n_et, .i . Haraidsen to the Eng~<;.°,;1 0 u.~p -7 ,,J(l'!f/'-lkl Authority . p ~ /' ~ /1 oJ /:; w.Aresolu~· nreap oi ingJi Higdaytot~j;cglewoodWaterandSewer Board . -:J::j' tt---o · &Jt fr_ xi. A resol_uti?n ref~POi?fing _Norma Holmberg to the Englewood Elect ion ~~~ISStOn.~ ~ ~O /-J2 x{~ ~-j resolution appointing Tara Holmes PJ-\Y!l~!'}~embe~'3 ;~e .. ~~wood ~~(Jd Recreat ion Comm1ss1on . 1-<:1 ~ r~t I), ,~I{ Ir x~'ii.., A resolution appointing J. William ( ill) Mc~ahill t the Englewood Clean , fCl>08 -""--Gre~ and Proud Commission . . -0 ~,#-.lJ... · 4e elution appointing J. William (Bill) cCahlll to the Englewood Code Enforcement Advisory Committee . ~I c:2..0 xv . A resol_ution apf?~"!_i~~~net ~oore to the Englewood Cultural Arts tlff'_rt!JJrJSIOn. ~ ~/ J/._ ~lio~g'JJ-Olis to tho Englewood Wato, aod Sowo, ~)-~~ A resol ion reappointing Robin Ottoson to ~ood Public Library --V 'r (,< {Jjard. ,?JC? Please note: If you have a dlublllty and need auxiliary aids or services, please notify the City of Englewood (303-762-2405) at leaat 48 hours In advance of when services are needed. Thank you . • • ) I • 0 - .l • • -·· • •,. • -.. Englewood City Council Agenda 'February 7, 2000 Page3 () 1 · -jJ:-__dJ2_ ~!,,J:; resolution re~i~ti~~~:i~\opher Ransick to the Englewood Public /al-fJ V"ft'"/9-'fJ' Board. ~~ ~ J/) 1 ~ 1k. ;z f xi~-"L :J.esolution reappoin!ing Douglas E. ininger to the Englewood Planning ~f, -Wf~-·~g Comm1ss1on . ~ ()_ ,1 2< xx;,<lll..,, :t1~~~on reappointing Donald Rot~ j,)~~ Ej~~e;,o~d cqg~ ~~ ~rrf;7'entAdv1soryComm1ttee. U~ ..,,.~ ,t:r" k)/JOJ/:-ilk xx~~::~~'.n~~glewood Planning and M ll xx~~esolution reappointing D~I~ 9. SJ.Y!flOU! to the lewood B ard of ~~~ntani;j Appeals . ~ /J1. ~ Jj ?.Y xxii~~~lution reappointing Ji~ W .1Sm!th Iii to the glewood Board of ~ '77fr.rt~dAppeals. ft)~ ~ () ~ . .J-_ ()7 xxiv .. A re_solution r~appointin9.~vi<l ~~b~~ to the Englewood Planning and ~ r a,,i,,J.j;~omm,ss,on. VU~ ~ ~J.-~~g Be,vett'ff' to tho Engtowood P,bt;, Ubra'Y IL 2( xxvi. A resol~tion appoi~ting James K. Woodward to th~ Englewood Parks nd .·, -1-F--Ji Recr ,on mm,ss,on . -V\JV~'Hlur (),A/J II ~i,. r utio appointing Ja ~.:II--'-----enewalAuthority ~cognition of Englewood's _{ ~ ,!) Awards nominees . i. Samantha E. Council ii. Jennifer Dickey iii. Sarah Doss iv . Stephen Gonzales V. Raymond Hathaway vi. Jared King vii. Rebecca MacOueen viii. Kimberly Ramsey ix . Tanja Ristic X. Desiree Ruelas P ..... note: If you have a dlublllty and nNd auxlllary aids or eervtcN, pleue notify the City of Englewood (303-762-2405) at lent 48 hourS In advance of when NrVtcN .. IINded. Thank you . • ., '.) I· 0 • • ,, ,,,,-·· • I• .~.,.' • - Englewood City Council Agenda February 7, 2000 Page4 9 . 10. xi. Thomas Skaja xii. Andrea Smith xiii. Christene Strecker xiv. Robert J. Toscano • xv. Zoe'Wiiliams e . Public Hearing . fr . Consent Ag:nda. ()fJ/;trtJ:v. ,_ •• J-} Q f-' ( /J a. Approval of Ordinances on First Rea~ing~~ WY' E f (j-r r i. COUNCIL BILL NO. 5 -Recommendation fr~m the Department of Financial Services to adopt a bill for an ordinance· assigning and transferring to the City and County of Denver the 2000 City of Englewood allocat ion from the State of Colorado ceiling for private activity bonds to finance res idential housing facilities fQr low an"d middle income persons within the City of Englewood and certain other cities and counties in the State of Colorado . STAFF SOURCE: Frank Gryglewicz, Director of Financial Services. ii. COUNCIL BILL NO. 6 -Recommendation from the Department of Safety Services to adopt a bill for an ordinance approving an Intergovernmental Agreement with the Colorado Department of Transportation for grant funding to continue the traffic enforcement project. STAFF SOURCE: Tom Vandermee, Division Chief. b . Approval of Ordinances on Second Reading. i. ii. iii. iv. Council Bill No. 1, amending the Englewood Municipal Code to comply with State mandated limits for late charges for Water, Sewer, Storm , and Concrete . Council Bill No. 2, authorizing the acceptance of a grant of property from RACO , Family Partnership (RBI) for the continued development of the Big Dry Creek Pedestrian/Bike Trail. Council Bill No. 3, amending the Englewood Municipal Code regarding Liquor Occupational Fees . Council Bill No. 4, establishing an Optional Premises Liquor License and Optional Premises with Hotel/Restaurant Liquor License in the City of Englewood . P ..... note: If you have a dlublllty and need auxlllary aids or urvicea, pleau notify the City of Englewood (303-782-2405) at !Nat 48 hours In advence of when urvlcea are needed. Thank you. -. • ., ' ) I • 0 ·] • • l .. ,. -· • ,. ... . , • -.. Englewood City Council Agenda "February 7, 2000 Pages c. Resolutions and Motions . i. Recommendation from the Department of Public Works to approve. by motion, a contract to upgrade the Safety Services Building HVAC system. Staff recommends awarding lhe bid to the low bidder , American Mechanical Service , in the amount of $385 ,260 .00. STAFF SOURCE: Ken Ross, Director of Public Works. ii. Recommendation from the Utilities Department to approve , by motion , the purchase of a 3/4 Ton Pick-up Truck. Staff recommends awarding the bid to King Oldsmobile GMC Subaru, Inc. in the amount of $24,666.00 through the State Bid process . STAFF SOURCE: Stewart Fonda, Director of utilities. 11. Regular Agenda. • a. Approval of Ordinances on First Reading . b. Approval of Ordinances on Second Read ing . c. Resolutions and Motions . /), • fl ~ i. Recom~endation from the Department of Financial Serv ices to adopt a f(jj)l)~ -dffd I .,J¥Olution establishing a line qf c · or the continuance of the Housing (l'(aehabilitation Fund . STAF : ran\i_l'Y_914jWIF, Dlr~or of Financial Services. · /~ fl~ /), _ 1J. 5 f /, ii. Recommendation irom the ment of Financial Serv ices to adopt a ~t:Jtfi) f:-!Jff1fr ~/l--. J /....nesolution approving changes to the City of Englewood's Investment Poli . . ':""fr ~ VSTAFF SOURCE: Frank Gryglewicz, Director of Financial Services. () I ~A JJ-6 { iii. Recommendation from the Department of Financial Services to adopt a ~ -resolution approving a supp mental appropriation for Conservation Trust a h.J ;,__ J"I and Golf Course Funds . S OUR!=E: Frank Gry~lewicz, Director _7 /"' cp-r.J of Flnanclal Services. \.1 12 . General Discussion. a . Mayor's Choice . b. Council Members' Choice . 13 . City Manager's Report. a . CityCenter Englewood Update . P ..... nola: If you have• dlublllty and need auxiliary aids or urvlcea, pleue notify the City of Englewood (303-782·2405) at INat 48 hours In advllnCe of when urvlcea are needed. Thank you . • . -_,,,._ ·-~··--- ' .. ) I • 0 • .. ~ • j•t,\ . , • -' Englewood City Council Agenda February 7, 2000 Page& 14. City Attorney's Report. a. The following minutes 2000: • Englewood Clean, Green and Prou~ Commission meeting of November 9, 1999 • Englewood Board of Adjustment and Appeals meeting of December 8, 1999 • Englewood Planning and Zoning Commission meeting of January 4, 2000 • Englewood Cultural Arts Commissi,on meeting of January 5, 2000 • Englewood Liquor Licensing telephone poll of January 5, 2000 .• ... P ..... nota: If you have • dlublllty and IINd auxiliary aids or urvic:N, plNN noffly the City of Englewood (303-762·2405) at INat 48 hours In advance of when NfYlcN .. IINded. Thank you. . '. .. ,. ' ' . • I· 0 • • l -. < ·• ,. G - ~~~ /. M i.r-o,_lffi--r;:b~ p,v ~.~~ ~-~~~~ 4. fw.wJ . ~-- ~ k t.,,,,/ v- --k-~ ~l_--.,,,.- G. tL) ~ !/a/~~ ~~ ~ tip,)&--o z;-~ --- ~ ~0;,ln~ ---~ • I· ·• ' . --. ., 0 . - ) • • II · ·• ~ . ..... . 0 0 . - I · o ----~---i-• ,,-. G 0 - j II · • • ·• . . . . . - r~. s,. ~ ~jj;~~~~7~ ) • • I . f .,-. . . . 0 - • • I . 0 • •