HomeMy WebLinkAbout1999-04-19 (Regular) Meeting Agenda-
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CITY COUNCIL MEETING
APRIL 19, 1999
Ordinance # }6• y{, /,pl':-/, 25, 26, 27, 28
Resolution # j,«, ,r, J6, FL, 52, 53, 54, 55, 56
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ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
APRIL 19, 1999
The regular meeting oftbe Englewood Ciay Council was called to order by Mayor Burns at 7 :32 p.m.
2. .___
The invocation was gi\'CII by Council Member Nabholz.
3. Pledae of Allepuc:e
The Pledge of Allegiance was led by Mayor Burns.
4. Rell Call
Present
Absent
A quorum was present.
Council Members Nabholz, Grazulis, Garrett, Bradshaw, Habenicht,
Waggoner, Burns
None
Also present Ciay Manager Sears
5. 11--.
Ciay Attorney Brotzman
Deputy Ciay Clerlt Castle
Dim:tor Giyglewicz, Financial Services
Board Dim:tor Simpson, Englewood Envi1U1U11C111a FCllllldllion
Acting Dim:tor Kahm. Public Worts
(a) and (b) COUNCR. MEMaltR llllADSBAW MOVltD, AND IT WAS
SECONDO, TO APPROVlt TBlt MINU1D 0, 1111t llltGULAll MU11NG OP AP1UL S. 1"9
AND 1111: SPECIAL MEI.TING OP AP1UL 12, 1"9.
Ayes : Council Members Nabliolz, Gurca, Bradshaw, Habeaicbl,
Wagoner, Grazulis, Bums
Nays : None
The motion carried.
(a) Cbarles Scliader Md Soa)'a Slillald -..__ as winners oftbe Cindeldla City
Re-naming Conlm. Mayor a.. aid die..__ --baiglilcd than Council when tlley
thought oftbe uae bcfoR • : h .... -llillld "° c:aae 11P MIii a aamc that was sugelted
originally. Mayor Bums preacalcld Mr . Scllader .... Ms. Slillald eacll with. certificate and. clla:k for
$100.00, offering his~ aad lllab.
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(b) Representatives of the National Highway Traffic and Safety Administration and the
Colorado Depanment of Transportation presented Community Relations Officer Nancy Peterson with an
award for her efforts in promoting IJaffic safety . Present were Dr. Lou DeCarolis, Regional Administrator
of the National Highway Traffic Safety Administration, Judy Hammond, Regional Program Manager for
Occupant Restraints, and Duke Smith of the State Office of Highway Safety, a division of the State
Department of Transportation . Mr. Smith is the former Chief of Police of the City of Edgewater. Dr.
DeCarolis advised that each year the National Highway Traffic Safety Administration organizes an event
called Life Savers, which was attended this year by over 1,500 people from around the nation . Each year,
they recognize ten people from around the nation who they feel portray life saving skills, life saving
actions, and a genuine concern for reducing injury and trauma on our highways. Dr. DeCarolis said that
Englewood is very fonunate to have such an individual working here, and that individual, he said, is
Nancy Peterson. He said he would like to share how important she is to his organi1.3lion as a part of their
national and slate highway safety teams. Since l 99S, he advised, Officer Peterson has served as the
neighborhood coordinator for the City of Englewood, and has taken it from forty or fifty blocks to 4SO
blocks . The program serves as a community communication tool for the other City departments and
activities . Officer Peterson, he continued, is a natural organizer, in that she coordinates July 4"' family
events for communities near Englewood, and recently received national recognition for National Night
Out activities. Whenever possible, Officer Peterson weaves a safety belt and child safety seat message and
don 't drink and drive message, into her many Neighborhood Watch Program activities. She works closely
with three NASCAR and Formula One race car drivers to promote IJaffic and highway safety. Dr.
DeCarolis said these folks are so proud of what Officer Peterson does and respect the life saving wort that
she does, that they actually came tonight, and that is very impressive. Officer Peterson is active in the
Speed Pledge Program. where individuals sign a pledge to drive within the speed limits of the City of
Englewood . Several thousand residents have already signed this pledge, he added. He said Officer
Peterson was one of ten nationally who received this award, upon which great importance is bestowed,
from his boG, Dr. Ricardo Martinez.
Judy Hammond read the following wording from the plaque which was presented to Officer Peterson :
uUnitcd States Depanment ofTranspoltation National Highway Traffic Safety Administration Public
Service Award, presented to Off"lcer Nancy Peterson, Englewood Department of Safety Services, in
recognition of your outstanding ability to organize community groups and to integrate IJaffic safety into
your crime prevention efforts." She said it was signed by Ricardo Martinez, NlITSA Administrator,
March, 1999 .
Dr. DeCarolis offered his congnhllalions.
Duke Smith, on behalf of the Colorado Dcpanment of Transportation, congratulated Officer Pctenon for
her exempluy program . He said he is the coordinator of the State enforocment program, working with all
the communities around the State of Colorado. When he fina met Off"lcer Peterson, and she explained her
program with the NASCAR people, he was so impressed that he took it to NlITSA. They, in tum, were so
impressed that they felt it deserved some recognition . Mr. Smith agreed that Off"icer Peterson deserved
recognition because she set an example for the Englewood police department. the community and the
State of Colorado.
Officer Peterson said it was March 23 NI when she received the award in Seattle, and Director Olson was
with her, along with Mr. Smith and a couple of other representatives from the local NHTSA off"lce and
COOT. It was such an honor, she said, and such an elegant program, but it actually._... more to be
here, in front of this audience, and that you took the time to come out tonight to share this. We have a
wonderful city and a wonderful program . She said she could lead all day long. but ifwe did not have
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eathusialtic people who want to be ilMllwd in the program. and widloul the support al the City, it would
not have happened. This is just such an honor, she said. and thanked cwsyone for belping her.
Mayor Burm preaented. bouquel al flowers to Officer~-
Officer ...._ illlnlduced race car driven Ropr Mitdldl, Ric:hanl Bwtoa, and Ropr Avants. She said
Ibey doa't llllllc any IIIOlle)' doiDg tllis, in fact. it COIis them IIIOIICJ . She allO introduced her supervisor,
Scrpanl Jeff Sanchez. and DiRldor al Safety Savica Chris OI-. who -with her in Scaltlc for this
mom •• • award.
Dinaor Ola. aid this ii tunlillg Ullo a Neipllorlload Waldl meeting. It was a lot al fim to be out in
Seaale, lie lllid, ... it -qaite .. lloaor to a.e Officer~ receM this award. He thamed Mr.
Saidi, ad die fDlb fnllll NHl'SA, wbo acmlly did a lot al WOil OD this. He Did Ibey Wlft jllll duilled
IO cleadl ... Ml. ,.._ aeceiwd die awanl fnllll Dr. Martinez. He Did this shows the dedicaliaa that
lbc bal, ad dial~ in Safety Services and the City bu, in providing the belt lewl al Nl\'icel we
can to the 01WP1•ity. He Qlllll1lbllaled Officer Pderal.
Mayor a... aid lie ad ec..:il waald like IO CDDplbllatc Officer Paa-. a well . He Did Ibey have
wodred wida • llr aewaal ,an• dime~ and lbc is a trcallft we have in the City who
orpnizm • all iJI -ma W11J1. lfyaa pt anywben: near her, be said, you have just volullleered.
(C) Mayor ear. illviled CW1,-e to join in a brief reception bonoring Officer ~ and
the two iadividuals who llelped iJI __.. tlle CityCcntcr project.
The meelillg l....t ll 7:47 p.m., recmMllilta ll 1:06 p.m. with all...._. pnlllCllt.
7. Na nllti I IVllleln
'l'bcle WIR _, w-e II t 1111 YilitDn.
I . cc.--11ea1·1111 -.,. PF•I r ..., At, r a r a,
'l'bcle WIR no c• ·c•klN. p,1 I sioN, or appoinc--as
No pmtic lleerill& we II t I 1 ldn ec..:il.
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COUNCIL MUDU allAINIIIAW MOVED. AND IT WAS SECONDO, TO Al'PllOVE
CONSENT AGENDA rl"DIS II (9) (I)• (II) ON nasT auDING.
(a) Appn,val alC>nliwalKlCI OD Finl Rcadillg
(i) COUNCD.. BILL NO. 27, INl1lODUCED BY COUNCn. MEMBER
BRADSHAW
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A Bll.L FOR AN ORDINANCE AtrrHORIZING A GRANT OF TWO ELECTRICAL LINE
EASEMENTS BETWEEN 11IE CITY OF ENGLEWOOD, COLORADO AND PUBLIC SERVICE
COMPANY OF COLORADO, LOCATIID IN ROMANS PARK.
(ii) COUNCll. Bll.L NO. 29, INTRODUCED BY COUNCll. MEMBER
BRADSHAW
A Bll.L FOR AN ORDINANCE APPROVING SUPPLEME!lrf NO . 143 TO 11IE SOlJllfGA TE
SANITATION DISTRICT CONNECTOR'S AGREEME!lrl' FOR 11IE INCLUSION OF LAND Wl11ilN
11IE DISTRICT BOUNDARIES .
Vote-at.:
Ayes :
Nays :
Council Members Nabholz, Cianat. Bradshaw, Habenicbt,
Waggoner, Grazulis, Bums
None
The motion carried.
(b) Approval ofOrdinana:s OD Second Reading
COUNCIL MEMBER NABBOLZ MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA
ITEMS 10 (It) (I) ud (ii) ON SECOND READING.
(i) ORDINANCE NO. 20, SERIES OF 1999 (COUNCll. Bll.L NO . 19,
INTRODUCED BY COUNCll. MEMBER BRADSHAW)
AN ORDINANCE GRANTING A TEMPORARY CONSTRUCTION EASEME!lrf BETWEEN 11IE
CITY OF ENGLEWOOD, COLORADO, AND CENTENNIAL WATER AND SANITATION
DISTIUCT FOR CONSTRUCTION AcnvrrJES REQUIRED FOR INSTALLATION OF
UNDERGROUND AND ABOVEGROUND UTILITY LINES TO SERVE A PORTION OF
HIGHLANDS RANCH .
(ii) ORDINANCE NO. 21, SERIES OF 1999 (COUNCll. Bll.L NO. 26,
INTRODUCED BY COUNCll. MEMBER BRADSHAW)
AN EMERGENCY ORDINANCE AU1HOIUZING 11IE VACATION OF RIGHT-OF-WAY ALONG
11IE '°°"800 BLOCKS OF WEST FLOYD A VENUE BY 11IE CITY OF ENGLEWOOD, COLORADO.
Vote-'tl:
Ayes :
Nays :
The motion carried.
Council Members Nabholz, Cianat. Bradshaw, Habcnic:bt,
Waggoner, Grazulis, Bums
None
( C) Resolutions and Motions
COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEMS 10 (c) (i), (U). (ill), (Iv), (v), AND (vi).
(i) A MonON SUPPORTING 11IE 2000 RAll.-VOLUTION CONFERENCE .
(ii) RESOLUTION NO. 48, SERIES OF 1999
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A RESOLlITION SUPPORTING "METRO VISION 2020" OF THE DENVER REGIONAL COUNCIL
OF GOVERNMENTS' PLAN .
(iii) DESIGN CONTRACTS Wl1H COCALLAS &. HOSKINS AND LAND
ARCHITEOITS FOR DESIGN AND LANDSCAPE ASSISTANCE FOR THE SOlll1f BROADWAY
ACTION PLAN IMPLEMENTATION .
(iv) LETI'ER OF SUPPORT FOR THE METRO CITIES COALmON
BROWNFIELDS CLEANUP REVOLVING LOAN FUND .
(v) PURCHASE OF A SKID STEER LOADER FROM WHITE ST AR
MACHINERY IN THE AMOUNT OF $23 ,031 .00.
(vi) PURCHASE OF TWO JACOBSEN TRI-KING MOWERS FOR GOLF
COURSE MAINTENANCE FROM HIGH 11JRF EQUIPMENT, INCORPORATED IN THE AMOUNT
OF $32 ,772 .00.
Vocerealb:
Ayes : Council Members Nabbolz, Garrett, Bradshaw, Habenicht,
Waggoner, Grazulis, Burns
Nays :
111c motion carried.
11 . Replar Apda
None
(a) Approval of'Onlinanccs on First Reading
(i) Dim:tor GtyaJcwic:z prelClllcd a ra:onuncodllion from the Dcpanmcnt of
Financial Services to adopt a bill for an ordinance crating a Housing Rdlabililllion Fund and
designating the fund an Mcntcrprilc." He said the bill c:mita a scparalC Housing Rcbabililllion Fund to
account for the activities tllat woulcl oa:ur with the rehabilitation. It al111 dcsiglllla this • an Clllelpriac
under the provisions ofT ABOR .
Council Member Bradshaw lllicd how 111111)' Housing Rehab Funds WC will ~-She lllicd if it is just
the one that Janet Orimmcu doea . Mr. Gryglcwic:z said ya, and this will just allow it to be accounted for
sepantcly and put it into the City Code .
111c Deputy City Clcrt read the aiuacil bill by title:
COUNCIL Bill NO . 28 , INTRODUCED BY COUNCIL MEMBER BRADSHAW
A BILL FOR AN ORDINANCE AMENDING Tl11.E 4, CHAP1Et 3, BY THE ADDmON OF A NEW
SECTION 13 , ENTITLED "HOUSING REHABILITATION FUND".
COUNCIL MEM8ER 8RADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 11 (a) (I) -COUNCIL BILL NO. 21.
Ayes : Council Members Nabholz. Garrett, Bradshaw, Habenicht,
Waggoner, Grazulis, Bums
Nays : None
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The motion carried.
(b) Approval of Ordinances on Second Reading
(i) A biU for an ordinance aulborizing the execution of lntergOYCmmenlal
Subgrantec Agreements for the 1999 Arapahoe County Community [)aodopment Block Grant Program
was considered .
ORDINANCE NO . 22, SERIES OF 1999 (COUNCll. Bll.L NO. 21, INTRODUCED BY COUNCll.
MEMBER HABENICKI')
AN ORDINANCE APPROVING AND AU'IHORIZING 11IE EXEClJl10N OF AN
INTERGOVERNMENTAL SUBGRANTEE AGREEMENT FOR 1llE 1999 ARAPAHOE COUNTY
COMMUNl1Y DEVELOPMENT BLOCK GRANT PROGRAM BE1WEEN 1llE ARAPAHOE BOARD
OF COUNTY COMMISSIONERS AND 11IE CITY OF ENGLEWOOD .
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 11 (b) (I) ON SECOND READING.
Ayes: Council Members Nabholz, Garrett, Bradshaw, Habenicht,
Waggoner, Grazulis, Bums
Nays: None
The motion carried.
(ii) A bill for an ordinance authorizing an lnterpemmenlal Agreement with the
Englewood Housing Authority for the purpose of improving coordination and clarifying respectM
obligations was considered.
Mayor Bums adviled that be ~ be abltainiDg bccaulc this UMJha the Housing Authority and be is
the Council Member on the Housing Authority Baud.
ORDINANCE NO . 23, SERIES OF 1999 (COUNCIL BILL NO . 22, INTRODUCED BY COUNCll.
MEMBER HABENICKI')
AN ORDINANCE AU1llOIUZING AND APPROVING AN AGREEMENT BETWEEN 1llE CITY OF
ENGLEWOOD, COLORADO AND 11IE ENGLEWOOD HOUSING Al11110RITY FOR PURPOSES
OF PLANNING, FINANCING, ACQUISITION. CONSTRUCl10N, RECONSTRUCTION,
REHABll.lTATION, MAINTENANCE, MANAGEMENT, AND OPERATION OF HOUSING
PROJECTS PURSUANT TO A MUL TIJURJSDJCTIONAL PLAN TO PROVIDE AFFORDABLE
HOUSING TO ENGLEWOOD RESIDENTS .
COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA
ITEM 11 (b) (Ii) ON SECOND READING.
Ayes: Council Members Nabholz, Garrett, Bndsbaw, Habenicht,
Waggoner, Grazulis
Nays : None
Abstain : Mayor Bums
The motion carried.
(iii) A bill for an ordinance approving amenclmcnts to the Englewood Municipal
Code concerning pennit fees for gcm:mmenlal COIIIUUclion work was considercd .
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ORDINANCE NO . 24 , SERIES OF 1999 (COUNCIL BILL NO . 23 , INTRODUCED BY COUNCIL
MEMBER BRADSHAW)
AN ORDINANCE AMENDING TllLE 8, CHAPTER I, SECTION 6 , PARAGRAPHS A AND B,
ENGLEWOOD MUNICIPAL CODE 1985 , CONCERNING PERMIT FEES .
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 11 (II) (Ill) ON SECOND READING.
Ayes : Council Members Nabholz, Garrett, Bradshaw, Habenicht,
Waggoner, Grazulis, Bums
Nays : None
The mo6on carried.
( c) Resolutions and Motions
(i) Director Gryglewicz presenled a n:commendation from the Department of
Financial Services to adopt a resolution approving the transfer of $513, 182.45 from the Project BUILD
Fund retained carniags to the General Fund. These monies will be used for property purchases that the
City has alr-ty discussed, he advised.
The resolution was assigned a number and read by title :
RESOLUTION NO . 49 , SERIES OF 1999
A RESOLUTION APPROVING THE TRANSFER OF THE BALANCE OF PROJECT BUILD FUND .
COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 11 (e) (I) -RESOLUTION NO. 49, SERIES OF 1999.
Ayes : Council Members Nabholz, Ganctt, Bradshaw, Habenicht,
Waggoner, Grazulis, Bums
Nays : None
The motion carried.
(ii) Board Dircdor Simpson presented a n:commendation from the Englewood
Environmental Foundatioo 10 adopt I resolution supporting a First Amendment to the Pre-Development
Agreement with Millcr/Wcinprten for clcYdopmcnt of the CityCcntcr project. He advised that the
foundatioo urges Council to support this resolution .
The resolution WIS assigned a number and read by title :
RESOLUTION NO . 50 , SERJES OF 1999
A RESOLUTION SUPPORTING THE ''FIRST AMENDMENT TO PRE-DEVELOPMENT
AGREEMENT" WITH MILLER/WEINGARTEN REAL TY , LLC ., FROM THE ENGLEWOOD
ENVIRONMENTAL FOUNDATION FOR THE CINDERELLA CITY REDEVELOPMENT .
COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA
ITEM 11 (c) (II) -RESOLUTION NO. SO, SERIES OF 1999.
Mayor Bums Slated that this WIS discussed extensively at the Executive Session tonight, and is an
agreement to suppon the general tenns and conditions of an agreement attached . Some of the details have
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to be worked out. but it is an endorscmcnt of the general terms by the Council to move this project along.
cspccially our agrccmcnt with Miller/Weingarten.
Ayes :
Nays :
111c motion carried.
Council Members Nabholz, Garrett. Bradshaw, Habenicht.
Waggoner, Grazulis, Burns
None
(iii) A recommendation from the Department of Financial Services to adopt a
rcsolulioo approving a suppk:......,..I appropriation and transfer of funds from the General Fund to the
Englewood Urban Renewal Authority for legal services was considered.
111c resolution -assigned a number and read by tillc :
RESOLUTION NO . 51, SERIES OF 1999
A RESOLUTION FOR A SUPPLEMENT AL APPROPRIATION AND nANSFER OF FUNDS FROM
111E 1999 BUDGET TO 11IB ENGLEWOOD URBAN RENEW AL Al.TI'HORITY (EURA).
COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 11 (c) (W)-IIESOLtJTION NO. St, SERIES OF tffl.
Ayes: Council Members Nabholz, Garrett, Bradshaw, Habenicht.
Waggoner, Grazulis, Bums
Nays : None
111c motion carried.
(iv) Aeling Director Kahm prclCDICd a RICOIIIIIICllda from the Department of
Public Worb to appnwc. by motioa. a COllltnlction contract for COIICl'dc Program 1999. He
nx:ommendod the coatracl be awanlcd to COIICl'dc Worb of Colorado, lncolponled, stating tbal wc hm:
CXlclllive expel icecc widl dial ClllllflllY. TIiey are prcllClllly womna our paving disuicl, they allo did
IDOll of die .uk at BellcYicw ud 8aMa Fe for lllll Stale projca, he said, ud wc feel VCI)' fOl1UDlllc to
hm: tllis firm. Deir bid-ia die..,... ofS122,6JO.OO lie said, adding that. missing from die bid
lab. -die facl dlat die eapaee,'1 cstimalc _ .. S 131,000.00.
COUNCIL IIUMKR WAGGONER MOVED, AND IT WAS SECONDED, TO Al'PllOVE A
CONSTllUCTION CON'nACT IIOR CONatrn PROGRAM 1"9 WITH CONatrn
WoaKS OF COLORADO, INCORPORATED IN TRI AMOUNT OF S122.QI.II.
Ayes: Council Members Nabbolz, Gama, Bradshaw, Habcnic111.
Wagoner, Grazulis, 8-
Nays : None
TIie motion carried.
12 . c-ni ........
(a) Mayor's Choice
(i) Mayor Bums thanked Council and llafffor the rclRlll. pl leUing and
budgeting RUioll on Saturday. It was vay successful , he said, congratulating City Manager Scan and
llaff for their good presentations.
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(ii) Mayor Bums said be notia:d a letter from Phyllis Riggs about Arapahoe Acres .
She seems to think that the grant that was applied for came out of the coffers of the City of Englewood, he
said. He fell that a response should be sent clarifying that it comes from the State Historical Society and
not from the City coffers.
(b) Council Member's Choice
(i) Council Member Bradshaw :
I . She poinled out that the National League of Cities certificate indicated that Mayor Bums was
mayor of Englewood, California.
2. She thanked staff for the good informalion as far as recycling programs, because that really
helped .
3 . Ms . Bradshaw said Council received a lcltcr from Paul Drcshler. She felt it should be referred to
Neighborhood and Business DeYclopmcnl. She said he owns an apanmcnt building on Oxford and wants
to put some affordably priced townhomcs on it.
4 . She thanked staff for the wonderful scaioll on Saturday . It wasn 't boring at all, she said, and it
moved quickly and that is a credit to their taking Council· s comments last year to bcart.
City Manager Scars said thanks to the staff, they really did a good job.
(ii) Council Member Grazulis said she attended the last part of the Library Board
mccling last Tucaday and oac al tbc larF coacems was CM:r the original space that was given to tbc
Englewood Hillorical Society . Now they ba\'C IIOIIC, she said. and they W8Dl -space and they want
pcoplc to look II their needs .
Council Member Nabbolz said they bad clarified tbll. Council Member Habcnichl came to tbc Historical
Society Boud lllcdillg IISt Tbunday morning and brought this same cooa:m. she explained It is a
partnenbip. and WC arc all going to lbarc tbc space . The Hillorical Socicty is not going to lake away
from the Friends al the Library. aor is tbc City going to lake away from any al these other glUllpl, sbe
advised .
(iii) Council Member Hallmiclll said sbe bas been altClldiDg a fcwum on gn,wlh
today and 101DOm1W II tbc Scllool al Public Affairs II C .U . They arc bringing in people from all CM:r tbc
country to talk about urllaD sprawl and smart growth, sbe advised . John Pur was tbcR and talked about
Metro Vision 2020 and said -really nice things about the CityCcntcr mbclopmcnl. She fdt it was
really nice to sec how -11 wc arc being received and how wc arc being talked about m:rywbcrc.
Council Member Waggoner said be bad a question about the growth plan and Metro Vision 2020 . He
said be glanced through that but did not see a law on waste removal . He felt that would really be an issue,
and commented that be did not sec a lot on ii.
Council Member Bradshaw said George Allen has always said wc should bum ii. Council Member
Waggoner agn,ed that incineration would be the way to go . Council Member Bradshaw agn,ed.
Mayor Bums said he did not know if DR COO has a ccnain limiled jurisdiction in what they address. and
maybe that is one of the reasons why . He agn,ed that this is certainly a big issue .
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Council Member Habenicht said she will be happy to bring it up .
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Council Member Bradshaw said she called the three council members from Sheridan over the weekend
and thanked them for supporting our liland. She felt it was nice to see that people heard what our
residents said .
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Council Member Nabbolz said today she met with Wayne Oakley and Dell Montgomery. They met with
Denver rcganliDg womag with the Sucds. It is nice that they have a new individual on board that is
willing to work. She said she is~ proud of our guys. They take the time and effort. and they have it all
down on paper. Englewood has always tried, she said, but Denvel' bas been the one that said no , they
don't want any part.
Also, she said, if-ever have a Monday, where it is the fifth Monday that we don't have a council
mceting, she would like to CODSider going back to the WUICWaler TralmCOt Plant and inviting all the
boards and commissions to one big mceting. She said she bean it from all the different Council members
that this alllllllission needs to talk to that commission, and she fdt it was long over due. Maybe sometime
this summer, she said.
Council Member Habenicht agreed that this would be a good idea, possibly al the Malley Center if there
was not enough space at the plant.
Mayor Bums said some cities have a breakfast once a month, sometimes it is just the chairs of the various
commissions. Since -don't have regular mcetings with them, like we used to al the Study Sessions, he
said, we get kind of ddacbcd from them.
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Mayor Burns said Roy Palmer, the C.0--'s Chief of Staff'. called him at home this moming aboul the
concealed M11PC* bill. Senate Bill 14 bas .,am mon: publicity laldy tbaD prdlably I 30S in die Houle,
be said, but bolh of them -aJlllain ratriclioas ud we are prdlably ping to have aae comcren..e
oomminee aclioa. CML said this cllaqm 11> fall you can't keep up widl diem oa a daily bMis, be said.
He said be llreaed the ~ of local COlllnll ud wlaere tlae can be taken ud bow they can be COlllrolled .
Mr. Palmer asmred Mayor Buras dial this is llill in the bill. Mayor Burns said it is IIJll!dbing -need to
be COllliauously beping in &ouch widl CML OIi rcpnling the particulan of the bill, and they NC1D to bear
loud and clear what the cities are saying. Hope(ully, when thole two finally get togetber. thole ratriclioas
will still be in there, be said. opining dial the C.0--will sign the bill and is ping to recognize that
this is IOIIIClhing of statewide conccm. The impol1anl thing is to Id local COIIIIIIWlities have -
decision-making in this, and they asmred him lhlt this is slill one of their objectives .
13 . City Muqrr'1 llqlen
(a) City Manager Sean thanked council and staff for putting together the pracnlalion
Saturday. He said be was very happy with the goals and the financial and the Y2K. There were a loc of
items and the Slaff worked hard. He said be appn,cialcd the input from Council .
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Englewood City Council
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(b) City Manager Sears DOied that, with the approval tonight m the agreement with
Miller/Weingarten. we feel lhll they, bopcfully, will sign the agreement, they are aware mthe 1erms and
aware m the iaa. It is our undenluding dial they are in qn,emeot and we hope to have the qrecmcnt
signed with t1-by Wednclday ID the project can IIIOYC aa-t, be said. Mr. Sears fdt it Ml moving
ahead and thal the illmllnlCIUle is being readied to ID· Hopefully, by Wedncllday, we will have an
agn,emenl, be said.
(c) City Manager Sears rellled thal Wal-Mart is in qRICIIICllt with the terms lhll Council
appn,wed ll die lalt mcding. Wal-Man. with a couple m small wonling c:1m1Fs, lbould be ligning the
qRICIIICllt Iller this Mel, be aid, baled upoa the tern. thll Council laid OUl al the lalt meeting. 10 the
project can pnlCDOd.
14. City AaerMJ'• .....
City AUomey Brouman did DOI have any maaers to bring before C-ouncil.
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Council Member Gruulis said lbe bad two 1110R things to discuss. She ac:k-'edpd that Pub and
Recralion '1 cg hunt DCXl yau-is IOing to be ew:n bigger and better and lbe loab forwant to having her
cbildral puticipllc.
Ms . Gruulis also felt the Albor Day celebration. with the grat lRe giveaway, was a pat sua:as. She
med bow army tna they ~ nay. Director Black respooded that they alrady bad about fifty people
and still bad half. trailer load.
15 . Mjear..-
MAYOR aUIINS MOVED TO AalOURN. The meeting adjourned at 8:29 p.m .
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AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
MONDAY, APRIL 19, 1999
7:30 P.M.
1 . Call to order . 'l: ~ p,1r'J
Invocation. A}~
Pledge of Allegiance. ff}aytn ~
2 .
3.
4.
6.
7 .
8 .
Roll Call . ?~
Minutes.
a . Minutes from the Regular City Council meeting of April 5 , 1999.
b . Minutes from the Special City Council meeting of April 12, 1999.
Scheduled Visitors. (Please limit your presentation to ten minutes.)
a . Charles Schaefer and Sonya Stillmock will be honored as winners of the Cinderella
City Re-naming Contest.
b .
C .
Representatives of the National Highway Traffic and Safety Administration and the
Colorado Department of Transpor1ation will present Community Relations Officer
Nancy Peterson with an award tor her efforts at promoting traffic safety.
Brief Reception . R.ttP.JS£J) -'7:f'l /'.A .
l£~t)e.AJE-b -f':O~ P.A·
Non-Scheduled Visitors . (Please limit your presentation to five minutes.)
Communications, Proclamation&, and Appointments. ~
9 . Public Hearing. (None scheduled)
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PINNnola: ltyautwwa# Hllyandnaacl.....,alda••u1a11, ....... nalfr .. aa,-,115111 ood o
(303-712·24CNS)at laaat41 lloura In ..... ., .................... n..,-.
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Englewood City Council Agenda
April 19, 1999
Page2
10 . Consent Agenda .
a . Approval of Ordinances on First Reading .
i.
ii.
Council Bill No . 27 -Recommendation from the Department of Public Works
to adopt a bill for an ordinance approving two Public Service Company
easements at Romans Park. STAFF SOURCE: Rick Kahm, Acting
Director of Public Works.
Council Bill No. 29 -Recommendation from the Utilities Department to adopt
a bill for an ordinance approving Southgate Supplement #143. STAFF
SOURCE: Stewart H. Fonda, Director of Utilities.
Approval of Ordinances on Second Reading.
Council Bill No. 19, approving the grant of an easement to Centennial Water
and Sanitation District.
Council Bill No. 26, approving the vacation of a right-of-way in the 500-800
blocks of W . Floyd Avenue.
c . Resolutions and Motions.
iii.
Recommendation from the Department of Neighborhood and Business
Development to approve a motion supporting the 2000 Rail-Volution
Conference. STAFF SOURCE: Mark Graham, Senior Planner.
Recommendation from the Department of Neighborhood and Business
Development to adopt a resolution supporting the Denver Regional Council
of Govemments' MetroVision 2020 Plan . STAFF SOURCE: Mark Graham,
Senior Planner.
Recommendation from the Department of Neighborhood and Business
Development to approve, by motion, the design contracts for design and
landscape assistance for the South Broadway Action Plan Implementation.
Staff recommends that contracts be approved with Cocallas & Hoskins and
Land Architects. STAFF SOURCE: Art Sctbelll, Buetwa Dewlapment
Coordinator .
iv. Recommendation from the Department of Neighborhood and Business
Development to approve, by motion, a letter of support for the Metro Cities
Coalition Brownfields Cleanup Revolving Loan Fund. STAFF SOURCES: Art
Sclbelll, Buslnesa Development Coordinator and Darren Holllnpworth,
Buainea Development Spectallet.
v . Recommendation from the Department of Parks and Recreation to approve,
by motion, the purchase of a Skid Steer Loader. Staff recommends
awarding the contract to the low bidder, White Star Machinery, in the amount
of $23,031 .00. STAFF SOURCES: ......... , Black, Dlractor of Para and
Recreation and Dave LN, Manager of Open Space.
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,.._ note: If you IWN • dlNblllly and need audlary .._ or wvloN, plaw r-, ._ Clly ol ln ... wood
(303-712-2405) at INal 41 houra In actvanoe of ...... _..... .. nNClecl. Thank you.
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vi. Recommendation from the Department of Parks and Recreation to ap prove ,
by motion , the purchase of two Jacobsen Tri-King mowers for golf course
maintenance . Staff recommends awarding the bid to the low bidde r, Mi le
High Turf Equipment, Inc ., in the amount of $32 ,772 .00 . STAFF SOURCES:
Jerrell Black, Director of Parks and Recreation and Dave Lee, Manager
of Open Space.
11 . Regular Agenda .
a. Approval of Ordinances on Fi rst Reading.
i. Council Bill No. 28 -Recommendation from the Department of Financial
Services to adopt a bill for an ordinance creating a Housing Rehabilitat ion
Fund and designating the fund an "enterprise ." STAFF SOURCE : Frank
Gryglewlcz, Director of Financial Services.
Approva l of Ordinances on Second Reading .
i. Council Bill No . 21 , authorizing the execution of Intergovernmental
_.J,f~ Subgrantee Agreements for the 1999 Arapahoe County Community
fJP Development Block Grant Program .
,. o..D,. ii. Council Bill No. 22 , authorizing an Intergovernmental Agreement with the
1 J~<,!j..;,. "'\. 1 ;,, Englewood Hous~ng Au!hor.ity for the purpose of improving coordination and
f:~~ ·(ft#· clanfying respective obhgat1ons .
~-CP"' ii i. .I Council Bill No. 23, approving amendments to the Englewood Municipal ~.fJ.y Code concerning permit fees for governmental construction work. ,, .o ~~ c . Resolutions and Motions .
tJf" i . Recommendation from the Department of Financial Services to adopt a
n .J il'I resolution approving the transfer of funds from the Project Build Fund to the
~-General Fund . STAFF SOURCE: Frank Gryglewlcz, Director of Financial
Services.
ii. Recommendation from the Englewood Environmental Foundation to adopt a
resolut ion supporting a First Amendment to the Pre-Development Agreement
{,IJ with Miller/Weingarten for development of the CityCenter project . STAFF
SOURCE: Bob Simpson, Board Director, Englewood Environmental
Foundation.
ii i. Recommendation from the Department of Financial Services to adopt a
resolution approving a supplemental appropriation and transfer of funds from
{) _j~I the General Fund to the Englewood Urban Renewal Authority for legal
fJ/'1: services . STAFF SOURCE: Frank Gryglewlcz, Director of Financial
Services.
PINN nola: H yau have a dlsabillty and need auxiliary aids or wvlcN, plNN nollfy the Clly of !11glllwood
(303-712-2405) at INat 41 hours In advance of when NrvicH .. IINCllld. T1wlk yau.
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Englewood City Council Agenda
April 19, 1999
Page4
iv . Recommendation from the Department of Public Works to approve, by
motion, a construction contract for Concrete Program 1999. Staff
recommends awarding the contract to the low bidder, Concrete Works of
Colorado, Inc. in the amount of $122,630.00 . STAFF SOURCE: Rick Kahm,
Acting Director of Public Works.
12. General Discussion .
a . Mayor's Choice.
b . Council Members' Choice.
13. City Manager's Report.
a . Englewood CityCenter Update .
14. City Attorney's Report. ;6
Adjournment. ;3 -~9 f4Vl
The following minutes were transmitted to City Council between 411/99 -4115/99:
• Englewood Firefighters Pension Board meeting of October 8, 1998
• Englewood Police Pension Board meeting of October 8, 1998
• Englewood Non-Emergency Pension Board meeting of November 4, 1998
• Englewood Non-Emergency Pension Board meeting of November 18, 1998
• Englewood Non-Emergency Pension Board meeting of January 12, 1999
• Englewood Non-Emergency Pension Board meeting of February 2, 1999
• Englewood Code Enforcement Advisory Committee meeting of February 17, 1999
• Englewood Planning and Zoning Commission meeting of March 2, 1999
• Englewood Cultural Arts Commission meeting of March 3, 1999
• Englewood Liquor Licensing Authority meeting of March 3, 1999
• Englewood Public Library Board meeting of March 9, 1999
• Englewood Parks and Recreation Commission meeting of March 11 , 1999
PINN nole: II you hew a dlNblllly and IINcl-, alda or• tta11, plaMe nallfr Illa Clly ol 11 ... awd
(303-712-2405) at laaet 41 houn In adwanoe ol WMII aarvloN .. nNded. ThMk ,.._
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ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
Regular Sasion
April 5, 1999
I. Call to Order
The regular meeting of the Englewood City Council was called to order by Mayor Bums at 7:42 p.m.
2. lnvocatioe
The invocation was given by Council Member Nabholz.
3 . Pled&e of Allepuce
The Pledge of Allegiance was led by Mayor Bums.
4 . RollCall
Present: Council Members Nabholz, Grazulis, Gam:tt, Bradshaw, Habenicht,
Waggoner. Burns
Absent: None
A quorum was present
5. MiHtel
Also praent: City Manager Sears
City Anorney Brotzman
City Clerk Ellis
Chief Building Official Smith
Director St. Clair, Housing Authority
Housing Finance Specialist GrimmcU
Senior Planner Graham, Neigbborbood wl Business Devdopmcal
Board Director Simpson, Englewood Environmelllal FCIUlldllion
Director Long. Library
Director Black, Parks and Recreatioa
(a) COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO
APPROVE THE MINUTES or THE REGULAR MEETING or MAllCB 15, 1"9.
Ayes : Council Members Nabholz. Garrett, Bradshaw , Habenicht.
Waggoner. Grazulis, Burns
Nays : None
Motion carried .
6 . Scheduled Viliton
(a) Deborah Poole, 1431 East Cornell Avenue, said she wanted to cbaljUlt for a minule
about Arapahoe Acres and then Diane Wray will lalk for a moment aboul thc grant illdf. Arlplboe Acra,
she noted, is celebraling its so• anniversary . Believe it or not. she said, in 1949, in thc fall, lbc lise plan
was approved in Englewood and thc site plan and covenants were taken out to Arapahoe Coullly and
approved . Ed Hawkins was the designer, builder and developer and was a ralbcr rcmar1lablc man, sbc
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opined. He was not only responsible for the marvelous design of their houses, but he was a marvelous
business man and he was able to put together a crew of people, most of whom stayed the whole time and
worked on the houses. Also very important to their neighborhood was Gene Sternberg, who did the site
plan and d~·elopcd the winding SIRcls. Both the unusual design of the houses and the site plan were very,
very unique for that time. she said. A signature of their neighborhood is the strcct signs, which they
restored in 1996 and Council was a panner. Ms. Poole stated it was a good partnership and they liked
working with Council. One of the mos1 impor1an1 things about their neighborhood has been the loyalty of
the residents. Many original owners then built a second house, the houses were built, a 124 of them,
between 1950 and 1957. Many original owners built a second house, or people moved into the
neighborhood, then moved on to a larger home. Today they have twelve original owners or members of
their families, which she thought was kind of remrukablc. 50 years later. One of the most important things
they have done. which she wanted to share with Council. is the history of their neighborhood. She said she
was sure some of Council have seen it. This, she advised. is Diane Wray's book. She wrote the text, she
did the pictures and she did the layout. They arc very proud of it and it really does tell what their
neighborhood is. In the first pan of the book is a written history that describes what happened. in the
middle there arc pictures of the houses. chosen because they illustrate specific design characteristics, and in
the back they have a picture of every home in the neighborhood . 11,cy also show the original owner and
when the house was built. So, she said, it really docs characterize their community. Ms . Poole left a
couple of copies for Council and commented that they were hopeful they would be in the Library. She
offered additional copies if anyone was interested . Copies have been given to every homeowner, she said,
and copies arc available for any new residents. 11iey l~we distributed 285 copies since the book was
printed.
Ms. Poole stated that their most recent, exciting news, is tliat last November they were named to the
National Register of Historic Places. Arapahoe Acres is Ilic first. post World War n subdivision, so
honored in the United States. Not just Colorado. but Ilic whole United States, she pointed out. She stated
tliey arc very proud to bring this distinction to Englewood.
Now, Ms. Poole advised. Diane Wray will tell Council a little bit about their effons to mainlain the quality
of community that they have.
Diane Wray. 3058 South Cornell Circle. in Arapahoe Acres. said she would like to thank Council for their
suppon of their grant applicatioo . They have put togetlier a modeSI grant rcqUCSI in terms of dollars. with
neighbors malching this. Basically, she explained. what tliesc dollars arc going to be used for is to put
together demonstrations projects in the neighborhood. One of tl,c problems they have is that they arc such
a young neighborhood and when they stan to think about historic prcscrvalion they have to come up with
tlieir own answers. When they say lets repair tJ,c gingerbread ... we don't have any gingerbread. Lets repair
tl1i s slate roof ... we don't have any slate roofs . 11icy 1~1\'e a completely different vocabulary of ma&c:rials,
building techniques and design that date from 19-'9 10 1956. She noted it just represents a whole different.
unique set of problems for hisaoric preservation . So they have put together a grant She thought Council
was aware of the Stale Historical Fund that is used for preservation projects around the State. Dollars come
from tl,c gambling towns of Black Hawk and Central City. 11,cse arc awarded on a merit basis,
administered by the Historical Society to wonhy projects throughout the State of Colorado. Ms. Wray
stated tliat their project rcqUCSIS money for demonstration projects. survey, design guidelines and basically
10 put together a completely voluntary program within the neighborhood of individuals who arc looking for
assistance in maintaining their homes. Ms. Wray offered to answer any questions and thanked COW1Cil,
agai n. for tlicir suppon.
7. Non-scheduled Viliton
(a) Brenda Grall, 1510 East Cornell Avenue. said slie felt embarrassed taking the time to
come here, she didn~ realize there was going to be a presentation representing their neighborhood,
Arapahoe Acres.
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Englewood Cily C1N1ncil
April !I, 1999
Pagel
Mayor Bums staled they were happy to have her.
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Ms . Grall stated she is here because she wasn't aware , and many of her neighbors were not aware, thal lheir
neighborhood had even applied for funds to assist in remodeling or do a survey of lhe planes and vegccation
in 1he neighborhood or get a web site . She said she is sure it is \·cry, very imponanl It was just a couple of
days ago thac she received a copy of the request and she has some concerns. Ms . Grall advised thal her first
concern is thal it is staled thal this organization rcques1ing funds was put together from a meeting held by
the neighborhood at Charles Hay . Her recollection, and she stated. she is spcakingjust for herself, is that
the bulk of lhe voces were cast. reprc:scnting lhese four areas. that no one individual speaks for lheir
neighborhood. individuals speak for lhemselves. She pointed out that they son of had some problems wilh
some heavy handedness in lhe neighborhood . Arapahoe Acres covenants, she said. have DOI been in effccc
for 20 plus years and lhey wished lhey would remain the same. Ms. Grall Slaled she is opposed IO a formal
or infonnal neighborhood ardlica:tural review commitcee . She is opposed IO a fonnal or informal
association review committee. 1bcre are over SO neighbors that signed saying they weren't going to send
blank letters out to neighbors and Slufl' like that. She said she does not want to nix anybody's opponunity
to get funds that. in all essence. are fn:c . She said. as a taxpayer and a neighbor, in this neighborhood that
she also loves, that she just has co believe that there are other houses thal might need something more than
aesthetic changes. that might be more worlhy of those funds. rather than lheirs. She said she knows it
would help their neighborhood. but she just feels thal that , perl~1ps. might not be lhe best use of funds .
(b) Cluistena Estes. representing the National Council to Prevent Delinquency (NCPD). a
graffiti project and lhc Colorado Retail Council. advised that she was here to speak on Council Bill No . 24 .
She said that she was here speaking on behalf of both 50 I C6 Organizations. Non-Profit groups chat provide
input on public policy matters. Pertaining 10 Council Bill No . 2-i. she said. she is not here to speak against
tlie bill outright. but lhey do have some concerns witl1 Section -', Item C, thal is a proposal co requiR
employee assiSICd sales on spray paint and broad tip markers . They have several concerns wilh this
measure , which is olherwise known as a lock-up measure. First and foremost, she said, there appears co
have been no review by lhe Englewood retailers to dctcnnine Ilic extent of lheft or lhe number and type of
stores chat are potentially vulnerable to lheft. Ms. Estes advised that lhe lock-up proposal or employee
assisted sales proposals. are usually based on a presumption that lheft is high. otherwise you would not
have to put it behind lock and key . They would like 10 have some time co survey the Englewood retailers co
find out if, in fact. theft is high and would warram a measure such as this. Their second cooccm. she said.
is that their initial conlaCIS with some of lhe retailers today. and wilh people from the Police Depanmcnt.
has indicated that theft is aclUllly minimal and a problem at. perhaps. one score . They would like lhe
opponunity to sit clown with thal retailer, instead of legislating a policy 1h11 is a one size fiu all policy and
sil down with chem and try to work wilh chem in order to have prudent display llandards tbal -.Id
minimize lheft in thal score . The discussion related to lock-up model may have been based on incomplcle
data . she said . Ms. Esccs e,cplaincd thal she says this because Denver recently passed a lock-up aropoal,
much 10 lhe chagrin of rewlcrs in lhe commwiity and ii was very controversial. The passage ol it was
based on Phoenill. Arizona and IOIIIC of lhe Phoenix, Arizona data that Denver had received. lhey belie\'e,
was misleading and in some cases incorrect . Tiic NCPD and the Colorado Retail Council is inlcratcd in
co ntributmg to lhe Responsible Rccailing program here and the graffiti cffons. They arc not here, she
staled. to ask Council to vote down this proposal . tliey arc just asking Council to reconsider one piece of it.
llicy would like to help address lhe graffiti problem witl1 Ilic Ci1y . She explained that lhey endorse the
ln1crnational Mwiicipal Lawyer's Association (IMLA) model . Tilis model suggescs and recommends a
direct line of sight from ID oa:upicd work station for all spray paint and broad tipped markers and/or
requires a mechanical surveillance measure or an an1i-tlicR electrical taainc S)'IICm and/or requires
employee assisted sales. If a retailer cannot fulfill one of the three options u lc&islated in lhe IMLA
model. then lhey would hive co put ii behind lock and key . Again. she said, ii gives raailcn IOfflC
flexibility and it is DOI I one size liu all. It mininlizcs Ilic opponunicy or theft, ii reinfon:a pnlllcat display
standards. but yet gives lhe mailers some flexibilit y to respond to their CUIIOmcrs. The Rapoasible
Reta iling program oflhe Nllional Council to Pm·enl DclitKjucncy , and the Relail Council, prvvidea
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April 5, 1999
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educational malerials to a store, sipagc, uaining and a whole gamul of 5IUff that they would offer free IO
the City . Ms. Eslcs added thal. as pan ofpanncring with the City . they would go out and do all oflbc Sluff
with each retailer . Their goal is, dlrough IJ'aining and printing display llaDdlnls, to prevent theft by graffili
vandals. They would also be willing IO partner with the City IO help provide paint for lbc clean-up and
abatemcnl efforts and ocher supplies. In lbc pasl few years. she said. Ibey ha\'C panncrcd with Milwaukee,
Albuquerque. Suffolk Councy, New Yon.. Saaamcmo. California, 111d Olde County , Florida, jusl IO name
a few . She rcilenllcd 11111 thcy would be willing to provide ir,,lcrn Mi-JG mppon and follow-up services
to maximize lbc cffeca of such• onlilmK:e . Apia. lihc said. Seaioa 4, hem C, lbc employee aailled
sales is what they oppose. 'Ibey tllia 11111. dapilc a problem. if lbcft is DOI high. 11111 il is lllli-rclailcr and
anli-business and they wgc Council IO ftlClCllllider Ibis one pan ol lbc onlilrmcc . To pull ii OUI, 111d al lcall
hold it from lbc rest of lbc onli.-. ldil thcy lave had a chance IO ~ lbc rclaiJcn and find OUl if, in
fact, il is a warr8llled policy. Ms. Eacs pruvided tbc City Clcrt with aipies for Council of lcttas fi:om lbc
Colorado Rclail Council, Nalioal Council IO Prevent Delinquency 111d -Olhcr infonnalioa fi:om lbcir
group. She thanked Council for lbcir lime and oR'crcd to answer any qucllions.
(C) Vcmon Kailz, 1310 Easl ComclJ A \'Cnuc , in Alllpaboc Acres. Slalcd they mcm:d in in
1962 and they loYc lbc neigbboltlood. lbcrc is no qUCSlion about that. They arc opposed IO lbc hillOrical
dcsignalion. basically for -ai -· He said he thought Ms . Grall aaually hit lllOSI of tbc major
points. LaSl lUllllller lbcrc -a \'Ole -g the residents. In his ra:ollcclion. lbc vote came OUI with lbc
majority of the people opposing die hisloric:al diSUict . It didn't seem IO llop lbc people who walUd lbc
historical diSlricl. he DOied, bccaUlc Ddlll'ally d1ey went ahead and did ii. Mr. Kaiiz commenlcd lhal he
loves !be design oflbc neigbboltlood.jusl as much as any person in lbc neighborhood . However, he Slalcd,
he feels \'Cry strongly in lbc rigbl of self clcterminat.ioo in your own property, within reason. He said he is
not qualified IO tell his next door neighbor or someone else, two and a half blocks away, dial they aren't
doing whal is right by lbc neigbborbood. thal it is against the neighborbood. Mr. KailZ said be has been
here for a long lime. and be has never seen anyone who has done anylhing IO really dcslroy the
neighborhood. Tbcrc arc IOIDC people who ha\'C done things that arc DOI in his taste, but Ibey arc llill
within good Wtc. Basically, be lllid, dial is his stoiy and because of thole reasons and be lhims lhal lbc
majority should rule, be is oppc-s to die pant.
8. c--•aicadNI, .... _ ..... , ud Appoinlmenb
(a) A proclamation declaring April 16. 1999 as Arbor Day was considered.
COUNCIL MEDER aRADSBAW MOVED, AND IT WAS SECONDED, TO APPROVE A
PROCLAMATION PROCIADIINC APRIL 16, 1999 AS ARIIOR DAY.
Motion carried.
Ayes : Council Members Nabholz. Gama, Bnidshaw, Habcaichl,
Waggoner. Grazulis. Bums
Nays : None
Mayor Bums pracnlcd lbc proclNDMioo to Dave Lee , Manager of Open Space .
COUNCIL MIMKa NAallOLZ MOVED, AND IT WAS SICONND. TO Al'PllOVI A
PROCLAMATION PROCLADIING TIii WEEK OF APRIL II TBIIOVGB AP1UL 17, I"' AS
NATIONAL LaRARY WEEK.
Mouon carried.
Ayes : Council Members Nabhol z. Gama, Bradshaw, Habcaiclll,
Wagoner, Grazulis. Bums
Nays : None
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April 5, 1999
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Mayor Bums prcsenlcd the proclamation 10 Library Director Hank Long.
(c) A proclamation declaring the week of April 25 10 May I. 1999 as Crime Victims' Rights
Week was considered.
COUNCIL MEMBER BRADSIIAW MOVED, AND IT WAS SECONDED, TO APPROVE A
PROCLAMATION PROCLAIMING THE WEEK OF APRIL 25 TO MAY I, 1999 AS CRIME
VICTIMS' RIGHTS WEEK.
Ayes :
Nays:
Motion carried.
Council Members Nabholz. Gam:tt, Bradshaw. Habenicht,
Waggoner, Grazulis. Bums
None
Mayor Bums presented the proclamation to Safety Services Direct.or Chris Olson.
(d) A letter was considered. from William Bode. Chair of the Englewood Board of
Adjustment and Appeals. requesting Council declare a vacancy on the Board. for the position now occupied
by Virginia McIntosh.
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO ACCEPT THE
LETTER AND DECLARE A VACANCY ON THE BOARD OF ADJUSTMENT AND APPEALS.
Motion carried .
Ayes : Council Members Nabholz, Garrett. Bradshaw. Habenicht,
Waggoner, Grazulis, Bums
Nays : None
Council Member Bradshaw asbd when they will be looking al filling lhat. Or, she asked. will they, as
soon as possible, go back through people they ha"'C inlcrviewcd .
Council Member Garren asked if that changes their quonun requirements to make it easier for them.
Actually, City Anomey BRIIZIIWI advised, if you have an applicant it makes it 11101C diffic;ult to get
something through the Bollnl oC Adjullment and Appeals . He Slated they need five no maner what
Council Member Habenicht poilUd out that there are SC'\.-eral vacancies on several boards and commissions
and that maybe they need to ICC wbal they arc and at the next Study Session they can make a determination .
And maybe, Mayor Burns suggesled. they can accelerate thal one and ICC who we have on the list.
Council Member Bradshaw 51atcd she knows of a resident who is very intcrc:sted in being on the Bollnl oC
Adjustment and Appeals.
(e)
considered .
A proclamation honoring Emma Goldsboro on the occasion of her 10,. birthday -
The proclamation -read in its Clllirely .
COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE A
PROCLAMATION HONORING EMMA GOLDSBORO ON THE OCCASION or HER t07n
BIR111DAY.
Ayes : Council Members Nabholz, Gamlt. Bradshaw, Habenicbl,
Waggoner, Grazulis, Bums
Nays : None
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Englewood City Council
April 5, 1999
Pagc6
Motion carried .
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Mayor Bums Slalcd, on behalf of Council , that they arc very pleased to approve this proclamation, that it is
quite an achievement
9 . Public Beariac
No public hearing was scheduled before Council .
10 . C11111e11tApda
(a) Approval of Ordinances on First Reading
COUNCIL MEMBER GARRETI' REMOVED AGENDA ITEM 10 (a) (iii) FROM 111E CONSENT
AGENDA.
COUNCIL MEMBER WAGGONER REMOVED AGENDA ITEM 10 (a) (ii) FROM TIii:
CONSENT AGENDA.
COUNCIL MEMBER BRADSBA W MOVED, AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEM 10 (a) (i) ON FIRST READING.
(i) COUNCIL BILL NO . 19. INTRODUCED BY COUNCIL MEMBER
BRADSHAW
A BILL FOR AN ORDINANCE GRANTING A TEMPORARY CONSTRUCTION EASEMENT'
BETWEEN 1lfE CITY OF ENGLEWOOD. COLORADO , AND CENTENNIAL WATER AND
SANITATION DISTRJCT FOR CONSTRUCTION ACTIVITIES REQUIRED FOR INSTALLATION
OF UNDERGROUND AND ABOVEGROUND lITILITY LINES TO SERVE A PORTION OF
HIGHLANDS RANCH .
Votr remits:
Motion carried.
Ayes : Council Members Nabhol1_ Garntt. Bradshaw , Habenicht,
Waggoner, Grazulis. Bums
Nays : None
(ii) A rea,mmendalion from the Dcpanment of Safety Se1Viccs to adopC a bill for an
ordinance approving amendmealS to the Englewood Municipal Code concerning permit fees for
governmental consuuction work was considered .
Mayor Bums asked if there was an official staff member present to comment on this . City Attorney
Brotzman advised that Chief Building Official Smith was present, however he could probably answer most
of the questions on this .
Mayor Burns staled that they had a question from the Housing Authority on this. but City Anomey
Brotzman told him that this was changed before they got it.. TllCl"C was a reference. as he undenlOocl it, to
the staff participation in various projects where permits were n:quircd and the staff doesn't build anythina
and they needed to refer to contractors and things like that He asked if dull is somewhat com,ct.
Council Member Bradshaw asked that Oty Attorney Brotzman talk to Council about how this goc bcrc .
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April 5, 1999
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City Attorney Brotzman noted that one of the other Agenda items is a Housing Authority agreement And.
he said. this is one of the issues that has been on-going for years, as. apparently . there are a number of City
attorney opinions on this specific Code provision and they just decided to clean it up . What Paragraph A
does. is if City employees do their own work on a project then tlicy don't have to pay permit fees . But., if
the City hired a contractor you would have to pay a permit fee . That is somewhat unusual, he said. because
the City is paying the conbattor to pay the pcnnit fee and so it is somewhat circular and it did noc make
sense and we are applying this one Slcp funhcr for the Housing Authority . Thc second paragraph applies to
contractors. So Paragraph A cxcmpled. if the City docs its own work. Pangraph B is the coobattor
paragraph. so if you did the comractor you had to pay it. It makes no sense for the City to have to pay.
because we are paying conbattor anyway. so it is circular. 1bc Housing Authority issue came up because
they have a number of projects, that the Housing Authority docs. thal have come up on this and we are
saying there is no reason the Housing Authority should be paying the permit fee . He pointed out that this is
the permit fee , it is noc the use tax, and we are not lallting about significant money . And one of the things,
he said. thal he should mention, that we need to correct. is thal since we did the townhouse project we
should probably be rebating that. We were in discussion on the Housing agreement and that went on and
on and on and that was pan of the discussion and, altl10Ugh it is noc in here. they will. administratively,
rebate the permit fees. if Council approves this. They will rebate fees for the townhouse project as well,
kind of retroactively . He commented that they are noc suppose to pass retroactive legislation. but they will
take care of it administratively .
Council Member Waggoner Slated there are reasons for pcnnit fees . He asked if tliat was noc correct . City
Attorney Brotzman said thal was com:ct.
Council Member Waggoner noted thal permit fees pay for some of the COSl of inspections. City Attorney
Brotzman said that was correct . And. Mr. Waggoner said, the permits are usually there and issued in order
for the review pnKCSS on building plans and to protect tlie public. In schools. and other govcmmcnt
buildings, that arc exempt we don't even do inspections. nor do we review the plans. as he remcmbcrs . City
Attorney Brotzman said that was correct. So. Mr. Waggoner said. there is really no COSl involved on the
City's part. He swcd thal it seems like. to him. thal on any of tlie buildings that are for resale to the public,
that we would still wan! to cblrgc those permit fees, do the inspections and the m.icws of those plans and
that is the only way we have of recovering some of the COSl involved.
Mayor Burns asked City Attorncy Brotzman to comment on the SWc Slalule. Mr . Brotzman explained tbll
we currmtly do DOC cblrgc the ICbools because there is a Slate StalUIC tbll exempts them. Qlicf Building
Official Smith said dial is rigN. they don't charge the State 80\'Cmmcnt. Fedenl 8(1\'CffllllCllt or Post
Offices. City Attorney Brotzman nolCd there is also 011C for the Housing Alllhority. but it is less clear and
in our history there has been a split • to our <1"'11 City Attorney opinions on the State Sulutc thal says you
,.;11 noc charge permit fees to the Housing Authority . Tilis, he stated. wiU make it real clear. from Council
tllal we are going 10 read the Slautc as exempting tliem from pcnnit fees .
Bui. Council Member Waggoner said. those houses an: for resale . are they not ? Council Member
Bradshaw pointed out that they have to be inspected by someone .
Mayor Burns advised that he has to abstain from vocing on tl1is. but he undcrsaands that one of the Slicking
points here is the State Slautc.
Council Member Bradshaw llkcd that he share his ,.isdom if lie has to abstain from ,'Oling. that he can still
tell them what is going on. Mayor Bums said tliat is why he asked Dan Brotzman 10 comment on it.
City Allorney Brotzman advised that the Housing Authority section is similar 10 the school section that
says thou shalt not. But.. he noted. Council Member Waggoner is righl. on lChools we are DOI cvca allowal
to do inspections, on Housing Alllhority property we ,.;11 actually do the inspections .
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Englewood City Council
April 5, 1999
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Council Member Bradshaw asked who does the inspcctions on schools. City Anomcy Brotzman advised
that schools do their own inspections. Council Member Waggoner added that the State does a lot of it too.
Council Member Habenicht asked who funds the Housing Authority. Mayor Burns advised tbal mosl of
the budget comes from HUD contracts. So. Council Member Bradshaw said. HUD requires inspections.
So . Council Member Habenicht said, the City of Englewood doesn't fund the Housing Authority, but we do
fund the permitting process and inspection process. So it would be asking our citizens to subsidi7.C the
Federal government doing that in our community.
Mayor Bums advised that Director SL Clair was present tonight . He said he picked up a message from her
this afternoon and asked her to come. He suggested perhaps she could shed some light on this.
Director SL Qair said it is her understanding that when a city sets up a Housing Authority they do so to
provide a service to the city and that is to provide affordable housing. She noted that she and Dan
Brotzman disag,ec about how clear the State Statute is. Ms. St. Clair stated she thinks it is prcny clear. that
it says that all Housing Authority's arc exempt from ta."es and fees imposed by any local city or entity . She
reiterated that she feels that is prcny clear. That would have been carried over. years ago. when the
Housing Authority was actually started up by the City. she said. She stated there has been confusion over
the years, and there was one point where there was a City anomey here that wrote a memo saying wc need
to rebate all the fees and taxes the Housing Authority has paid. because under State Statute wc cannot
collect them. Somehow that happened. but the ordinance was never cleaned up to renect lhaL She noted
she and Lance Smith talked about that a little bit and they think that is probably what happened and now,
with all the new players on different staffs. we are still having Ulis confusion . She asked if that helped any.
Council Member Waggoner swed that if wc exempt the fees. U1cn they should have to call the State
Electrical Inspector. the State Building lnspcctor and Plwnbing inspcctor to get certification that those are
done in aca,rdancc with Stale codes.
But. Council Member Bradshaw said. isn't that inherent in Housing Authority projects? Thal they arc
inspected. Absolutely. Dircaor St. Clair said. but Uiey should follow the local codes . It's Housing quality
standards. she explained. which is a federal standard. or the local codes. She said. to her knowledge, they
have always chosen to follow the loc:al codes. Uic:y want to be in compliance there . But, as she said before.
when a Housing Authority is eslablishcd. ii is established to provide a service and it is almost an arm of the
City. Again. you may be sending inspectors out to do this. but we are all working for the same goal.
In other words, Mayor Bums said, you are saying U1e intent of the Statute was subsidy anyway, that was the
basic intent. DiRctor SL Clair said that was right. that she U1inks so .
Council Member Waggoner said wc shouldn't exempt other areas, if wc are going to exempt just the
Housing Authority. But, City Attorney Brotzman said, the others are already done, the post office and the
schools. But they are inspected by the State inspector. Mr. Waggoner noted. Mr. Brotzman said they are
inspected by Federal or State inspectors. But not by us. Council Member Waggoner said and City Attorney
Brotzman ag,ecd.
Council Member Habenicht asked if wc do inspect Uicsc:. Mayor Burns said we always have. Because.
Council Member Bradshaw said. they are complying wiU1 our codes.
So . Council Member Bradshaw said. what you arc saying is that Uicy should pay fees . Council Member
Waggoner staled that is what he is saying. that Uiey should pay fees if wc are going to do the inspection.
otherwise wc are subsidizing them . Council Member Bradshaw said she thought that was prcny hanh .
Mayor Burns staled the inlcnl was to help provide affordable housing. to Rlducc the a>st.
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Englewood City Cooncil
April 5, 1999
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Director St. Oair pointed out that all the fees charged to a project just get reflected back. whether it is in
rents or sales costs to homeowners or loans to homeowners. whatever it is, it is going to get passed through.
She commented that she thought the purpose was to keep costs lower to serve the citizens.
Council Member Nabholz said her concern is that she has heard numerous times how high our permit fee is
here. from different contraclors and builders. If this would set any kind of precedence then this would
concern her.
Mayor Burns said one thing they might remember is the Metro Mayors Caucus Cookbook which asked
cities to reduce fees where they could, because they all get passed on to the homeowner. 1bal is the
broader picture of trying to produce affordable housing, just by making some changes in your ordinances,
statutes. some of your requiremenls and so forth. lbis, he noted. is that same kind of thing. It provides an
additional advantage for moderate income people to afford affordable housing, because he thought Ms. St
Clair was right. it will just get passed right through if we have to charge them.
Council Member Waggoner thought he could vote differently if it were limited lo the Housing Authority.
But, he said. we say a governmental agency, which means that Sheridan could come into Englewood and
build something and there would be no fees or Linleton could come in and build something and there
would be no fees .
So. Council Member Bradshaw said. what he is saying is if thc:y buy land. build something and they are a
governmental agency, they are exempt. Mr. Waggoner said that is right .
Mayor Burns said he is thinking of the Sout11 Suburban Parks and Recreation District on the Cornerstone
Project and asked if that means they don't pay fees . City Anomey Brotzman said tl1e way it is currently
wrillcn, that is true. Council Member Bradshaw asked if tliey did pay fees. Mr. BrolZman advised that
they did pay fees. So. City Attorney Brotzman said. you could modify it to simply say the City, schools,
Housing Authority, Federal government. Mayor Burns noted tliat is reflecting the laws that already exist
and not giving a broader waiver to other people 100. Mr . Brotzman said that is right
Council Member Bradshaw said she has no problem with tliaL
Mayor Burns asked if they could just direct the City Attorney to do that City Anomey Brotzman said
absolutely.
Mayor Burns comme!Ud that lhe City Council lias always had, by policy, a member of lhe City Council on
the Housing Authority Board and he is that current member. So , he noted. he does not vote on matters
involving the Housing Authority when they come before Council. because he has been on lhe other end.
discussing it with lhe Housing Authority. So. Mayor Bums staled. when this comes up, he will abstain, and
on another measure tonight. as well .
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEM 10 (a) (ii) ON FIRST READING Willi MODIFICATIONS AS
DISCUSSED BY COUNCIL
COUNCIL BILL NO. 23, INl"RODUCED BY COUNCIL MEMBER BRADSHAW
A BILL FOR AN ORDINANCE AMENDING TlTI.E 8, CHAPlcR I. SECTION 6, PARAGRAPHS A
AND B. ENGLEWOOD MUNICIPAL CODE 1985. CONCERNING PERMIT FEES.
Ayes: Council Members Nabholz. Gamtt, Bradshaw . Waggoner, Grazulis
Nays: Council Member Habenicht
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Englewood City Council
April 5, 1999
Page 10
Abslain:
Motion carried.
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Mayor Bums
(iii) A recommc:ndation from the Depanment of Safety Services to adopt a biU for an
ordinance pertaining to graffiti was considered.
COUNCIL BILL NO. 24
A BILL FOR AN ORDINANCE AMENDING Tl11.E 7, CHAPTERS 6E AND 6F AND Tl11.E 15 BY
REPEALING AND ADDING NEW SECllONS 1llAT ADDRESS POSSESSION AND SALE OF
GRAFFITI MATERIALS AS WELL AS PARENTAL RESPONSIBILITY.
Council Member Garrett advised that his n:collcction, which is not necessarily perfect. is that the Code
Enforcement Committee discussed, with cenain retailers, this ordinance and some of these provisions. He
staled he is reluctant to go forward until he has verified that that is true ... with the lock-up provision that
has been raised. He said he thought it had been discussed.
Mayor Burns commented that the Metro Mayors Caucus had this same issue before them and the
representative from the City and County of Denver was there and discussing that Denver wanted to adopt
this. One of the facts, as he understands it. was thal they found in their studies thal virtually 100"/o of all
tagging spray paint was stolen. which was one of the reasons they wanted to have more controls in the
retail outlet about who axald buy them The Caucus is meeting again Friday. he said. and he would be
interested in finding out how thal is working in Denver, because it was a pretty strong recommendation thal
they implement this kind of process in order to try to restrict tl1e tagging.
Council Member Garrett said right now. as discussed by the Advisory Committee, that this is something
they are for, but he just wanted to make sure they have had the proper input Because, he advised. one of
the things they discussed was the lrickle effect ... if Denver had a very tough ordinance it would trickle into
Englewood ... the issues and problems. As everything else has. Council Member Bradshaw said.
Council Member Garrett reiteraled that he is very reluctant to mo\'e forward WJtil he has at least verified
what he thinks he already knows.
Council Member Nabholz stated she was also concerned 111.11 Englewood has said we haven't seen any
rising theft of spray painl or muters or that it is a problem. She commented that she hasn't beard that in
the meetings at all. so she would like to have some clarification.
Mayor Burns advised he thought it was the Mayor of NorthgleM that said he had gone around to all the
retailers that sold this kind of paint, in the City, and actually visited with each one of them and they didn't
have a problem with it He said he just wondered how extensively we might have done the same thing
through our staff .
Council Member Nabholz advised that some of our Code Enforcement Advisory members did too.
Mayor Burns said that he would like Council Member Garrett to be comfonable with this, since be was on
the committee.
Council Member Habenicht suggaled that perhaps Council should pus this on first reading and plan a
public hearing before they go to second reading. Because. she noted. when they had SOtDC o( the young
people do the mock Council meeting this was an issue that was of great interest to them and they bad -
input She opined that we really are concerned about the problem of graffiti and she would like to move
ahead on it. but she would like to hear from differenl people what they think about it and maybe we need to
tweak it a little bit Ms. Habenicht said she thought a public hearing would be an approprialc thing to do .
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Englewood City Council
April 5, 1999
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COUDCil Member Waggoner commcn1ed lhal if lhc material changes you have lo swt all over again
anyway, so he suggcsled Ibey jUSI table ii and have a public meeting concerning lhc graffiti ordinance and
wail for lhc raponse or a little additional study .
COUDCil Members Gamn and Bradshaw suggested they just pull it Mayor Bums said that if you table ii ii
requires a higher VOie to bring ii back up again.
Cily AUomcy Brownan advised that Ibey could also simply pull paragnlph C OUI of that and pass lhc rest
Council Member Waggoner said he would just like lo pull lhc whole llling.
COUNCIL MEMBER WAGGONER PULLED COUNCIL BILL NO. 24.
(b) Approval of'Onlinanccs on Second Reading
COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEMS 10 (b) (i), (ii) ud (iii) ON SECOND READING.
(i) ORDINANCE NO . 17, SERIES OF 1999 (COUNCIL BILL NO . 12,
INTRODUCED BY COUNCIL MEMBER WAGGONER)
AN ORDINANCE EFFECTING 11IE COMPLETION OF l1fE REVISION OF TITLE S, WHIOf
CLASSIFIES AND MAKES NECESSARY OfANGES IN LICENSES ISSUED BY l1fE CITY OF
ENGLEWOOD. COLORADO.
(ii) ORDINANCE NO. 18. SERIES OF 1999 (COUNCIL BILL NO . 13,
INTRODUCED BY COUNCIL MEMBER WAGGONER)
AN ORDINANCE AMENDING 1TJ'LE 7, CHAPTER I A. SECTION 8-S, BY MOVING l1fE
LICENSING PROVISIONS OF GUARD OR A 1T ACK DOG TO A NEW OfAP'JcR 28 OF 1Tll.E S,
OF l1fE ENGLEWOOD MUNICIPAL CODE 198S.
(iii) ORDINANCE NO . 19, SERIES OF 1999 (COUNCIL BILL NO. 18,
INTRODUCED BY COUNCIL MEMBER BRADSHAW)
AN ORDINANCE ASSIGNING AND TRANSFERRING TO l1fE CITY AND COUNTY OF DENVER,
COLORADO, l1fE 1999 A. CITY OF ENGLEWOOD , COLORADO ALLOCATION FROM l1fE
STA TE CEil.lNG FOR PR.IV ATE ACTIVITY BONDS TO FINANCE RESIDENTIAL HOUSING
FACil.lTIES FOR LOW AND MIDDLE INCOME PERSONS AND F AMil.IES Wl1HIN l1fE CITY
AND CERTAIN 011El CITIES AND COUNTIES IN l1fE ST ATE OF COLORADO: AU11IORIZING
11IE DELEGATION TO l1fE CITY AND COUNTY OF DENVER. COLORADO OF l1fE
AUTHORITY OF l1fE CITY OF ENGLEWOOD , COLORADO WITH RESPECT TO l1fE ISSUANCE
OF SINGLE FAMILY HOME MORTGAGE REVENUE BONDS (l1fE "BONDS ·) TO FINANCE
RESIDENTIAL HOUSING FACil.ITlES FOR LOW AND MIDDLE INCOME PERSONS AND
F AMIUES Wl1HIN l1fE CITY OF ENGLEWOOD AND CERT A1N 011El CITIES AND COU1mES
IN l1fE ST ATE OF COLORADO; APPROVING SUCH BONDS AND SINGLE F AMO. Y MORTGACE
LOAN PROGRAM : AND AU11IOIUZING l1fE EXECUllON AND DELIVERY OF A DEU!OATION
AGREEMENT AND 011fER DOCUMENTS IN CONNECTION 111EREW111l
Ayes : Couacil Mcmbcn Nabholz. 0... ~. Hallellic:III,
Wagoner. Cirazulis. Bums
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En,:k,,rnod City Coucil
April 5, 1"9
Pa~ 12
Nays None
Motion camed
(c) Rcsoluuons and MolJons
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COUNCIL MIEMKR SllADSIIAW MOVIED, AND IT WAS SIECONDIED, TO APl'llOVE
CONSENT AGENDA ITIEMS It (c) (i), (ii), (iii), (iv), (v), (vi) and (vii).
(i) PURCHASE OF TWO GMC SIERRA PICKUP TRUCKS FROM KING
CHAMBERLAIN IN nlE AMOUNT OF $45,962 .00.
(ii) PURCHASE OF A STREET OPERATIONS VEHICLE FROM SILL-
TERHAR FORD IN nlE AMOUNT OF $27,849.00.
(iii) EXPENDITURE OF $59,293 .00 TO COMPLETE nlE CONSTRUCTION OF
A METAL BUILDING SYSTEM ATnlE BENEFICIAL USE FARM.
(iv) PURCHASE OF TWO 3/4 TON PICKUP TRUCKS. FOR nlE SOURCE AND
SUPPLY DIVISION. FROM KING CHAMBERLAIN IN THE AMOUNT OF $24,946.00 EACH. FOR A
TOTAL OF $49,892.00.
(v) CONTRACT. FOR RECREATION REGJSTRA TION SOFTWARE, WITH
VERMONT SYSTEMS INC., IN THE AMOUNT OF $34,750 .00.
(vi) PURCHASE OF A DUAL-FUELED PICKUP TRUCK FROM KING
OLDS/GMC IN THE AMOUNT OF $23.451.00.
(vii) CONTRACT. FOR THE DAD CLARK GULCH STABlLIZATION PROJECT,
WITH BEMAS CONSTRUCTION IN THE AMOUNT OF $.J0 , 114 .15 .
Vote retulb:
Motion carried.
Ayes : Council Members Nabholz, Garrett. Bradshaw, Habenicht,
Waggoner, Grazulis. Bums
Nays: None
11 . lkplar Apda
(a) Approval of Ordinances on First Reading
(i) Housing Finance Specialist Grimmen presenled a recommendation from the
Dcpanmenl of Neighborhood and Business Dcvclopmenl 10 adopt a bill for an ordinance authorizing the
execution of lnlergovemmerul Subgranlec Agreements for lhe 1999 Arapahoe COUllly Community
Development Block Grant Prognm. She said. as staled in the Council Communication. we have received
approval from the County for two projects lh:u "'Cn: submitted. One was for the continuation of the Rehab
Loan ProgJllm IO n:hab 15 houses for modera1e and low-inco1ne families and the other IO support the
Housing Authority's Family Self Sufficiency Program. So. she explained. she is n:quesling audlori7.alioa lO
cnlcr inlo an intergovernmental agn:ement with Arapahoe County so that we may receive I.bole funds
approximately May 1 •.
Mayor Bums n:ported that ll the last Housing Authority meeting the Self Sufficiency Program -
working very well and they have been some really touching stories about people who have bad great
success with program.
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Englewood City Council
April 5, 1999
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Council Member Bradshaw stated that is such an imponant program, because lhal is a hand-up, instead of a
hand-out and that is really imponant
The City Clerk read the council biU by title:
COUNCIL BILL NO. 21. INrRODUCED BY COUNCIL MEMBER HABENICHT
A BILL FOR AN ORDINANCE APPROVING AND AlTlllORIZING THE EXECUTION OF AN
INTERGOVERNMENTAL SUBGRANTEE AGREEMENT FOR THE 1999 ARAPAHOE COUNTY
COMMUN11Y DEVELOPMENT BLOCK GRANT PROGRAM BElWEEN THE ARAPAHOE BOARD
OF COUNTY COMMISSIONERS AND THE CITY OF ENGLEWOOD.
COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 11 (a) (l)-COUNCIL BILL NO. 21.
Mayor Bums advised that he would also abstain from this vote. because some of these funds go Lo the
Housing Audlority.
V ok re111ltl:
Motion carried.
Ayes:
Nays:
Abslain :
Council Members Nabhol z, Garrett, Bradshaw, Habenicht,
Waggoner. Grazulis
None
Mayor Bums
(ii) Senior Planner Graham presented a rccommendalion from the Departmenl of
Neighborhood and Business Development to adopt a bill for an ordinance authorizing an lnlcrgovemmeotal
Agreement with the Englewood Housing Authority for the pwposc of improving coordinalion and
clarifying ~vc obliplions. He advised that this is the intergovenuncntal agreement that City
Attorney Brouman mcmioned before, that has been going on for a couple of years. Essentially, he said,
this gives the Housing A..i.ority the ability to tap some City services ... accounting services, personnel
services ... and some of the things that we pun:hasc with some economics of scale ... insurance, benefit
packages and so forth . It allows them to operate at greater efficiency by using some of our purchasing
power, he opined. It also clarifies the role of appointing Board members and various Olhcr things, which in
fact come out of State StatulC, but they thought would be useful to have in the document so that everybody
knows what the City's role is rclalivc to the Housing Aulhorily.
The City Clerk read the council bill by title :
COUNCIL BILL NO. 22, INiltOOUCED BY COUNCIL MEMBER HABE NI CHT
A BILL FOR AN ORDINANCE AlTlllORIZING AND APPROVING AN AGREEMENT BETWEEN
THE CI1Y OF ENGLEWOOD, COLORADO. AND THE ENGLEWOOD HOUSING AUllK)RITY
FOR PURPOSES OF PLANNING, FINANCING, ACQUISITION, CONSTRUCTION.
RECONSTRUCTION, REHABll.lTATION, MAINTENANCE, MANAGEMENT, AND OPERATION
OF HOUSING PROJECTS PURSUANT TO A MUL TIJURISDICTIONAL PLAN TO PROVIDE
AFFORDABLE HOUSING TO ENGLEWOOD RESIDENTS.
COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 11 (a) (Ii) -COUNCIL BILL NO. 22.
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Council Member Waggoner said on page one . Section Two, I (A) (iv) ii SlalCS lhal vacancies shall be filled
by lhe Mayor. He Slated lhat sounds lo him like the Mayor \VOUld be the one IO do lhal, lhat he !bought the
Mayor would just appoint, ralher lhan fill lhal position .
Mayor Bums said he lhoughl this just reflects lhe Stalute.
City Attorney Brotzman agn,c:d lhal ii is stalulory language and ii means appoint
Vote raulb:
Ayes : Council Members Nabholz, Gamlt, Bradshaw, Habenicht,
Waggoner, Grazulis
Nays: None
Abslain : Mayor Bums
Molion carried .
(b) Approval orOrdinana:s on Second Reading
There were no additional items submitted for approval on second reading . (See Agenda 11cm IO • Consent
Agenda)
(c) Resolutions and Motions
(i) Housing Finance Specialist Grimmett presented a recommendation from the
Departrncnl of Neighborhood and Business Dc:velopmenl IO adopt a resolution aulhorizing the execution or
a Warranly Deed conecling awncnbip stalus or a Projcc:t BUILD Deed. This is a housekeeping measure,
she advised. Originally, when the Warranty Deed was issued IO the buyers of 2705 Soulh Delaware, ii
omitted IO Ii• the pun:basen as joi• tenants . Wilhout lhal designation, she advised, ii legally cbanFs the
status and the family bas RqUCSted that lhc joinl tenanU designation be listed on the Warran1y Deed.
correcting Ibis omission .
The resolution was assigned a number and read by title :
RESOLIJTION NO. 45, SERIES OF 1999
A RESOLtmON Al!IllORIZING 11fE EXECtmON OF A W AllRANTY DEED CORRECTING 11fE
OWNERSHIP ST A rus OF PURCHASERS AS JOINT TENANTS.
COUNCIL MEMaER SRADSBAW MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM II (c) (I)· RESOLUTION NO. 45, SERIES or 1"9.
Molion carried .
Ayes : Council Members Nabholz, Gam:tt. Bradshaw, Habenicht,
Waggoner, Grazulis, Burns
Nays : None
(ii) Board Director Simpson prescnlCd a recommendation from the Englewood
Enviroruncnlal Foundalion IO adopt a resolution supponing lhc Final Agn,emcnl for Sale of Property. from
the Foundation IO Wal-Man. He advised that besides lhc allaCbcd apiemcnt, there arc three prapoml
modifications IO lhc conlnlct He read lhcm inlO lhc record : I . The initial IIOR shall be opented as a Wal-
Mart store . Thereafter. iflhc IIOR •goes dark" !he Ci1y will agree IO negotiate in good faillt altemalive
permitted uses for lhc prupcny; 2. Wal-Man shall agree IO apply for a building permit and a,m_,..
construction in sufficient time IO allow for a schedulc:d opening in lhc Spring or 2000; 3. TIie CIOffllCliam
sci forth on pages 7 and 8. as submitted by Wal-Mart on March 26 , 1999, shall be incorporaed into lhc
co nlract .
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Council Member Waggoner asked what the price tag is on this now. Mr. Simpson said he thinks it is $3.4
million.
Council Member Habcnichl staled she just wanted it to be clear that wc mean that tbe store shall be
operated as a Wal-Mart store. and if the store would not be operated as a Wal-Man store then it would be
considered going dark and the City would agree to negotiate. in good faith, alternative pcnnilled uses for
the property. She asked if that was correct. City Attorney Brotzman said that was correct . Council
Member Habenicht asked tbal the minutes reflect thal
Director Simpson said be should also note that Mike Miller is here in the audience tonight. if wc should
have any additional questions. Also, be advised, Mr. Goldberg is here tonight representing Wal-Man if
Council has any qucslions ol him.
Mayor Bums nolcd tbal Council has bad an exlellsivc discussion about this al Executive Session this
evening before the Council meeting and these were the proposed changes. He said he thought he could
state that the City is excited about the design of the Wal-Mart store and really looks forward to Wal-Man
being a pan of the CityCcntcr project.
Director Simpson staled wc believe it is a very important component of this project and wc arc vc,y pleased
about the progress we have made to dale with them and continue to be very pleased that we ~;u amtinuc to
be panncrs in the future on this.
Council Member Bradshaw advised she bad a conversation with some secretaries al the Adminisualion
building and they said "lblak you for getting a Wal-Mart in Englewood.• They arc just rca1 cxcilcd about it
and looking forward to having it open and rca1 excited about the design.
Mayor Bums noted he has receMld Dml)' of those comments himself in the past several moadui and he -
sure Olhcr Council naabers ~ too .
Council Member Nabbolz said dae ~ been very positive comments and they arc very excited.
The resolution was assiped a number and read by title :
RES0LIJ110N NO. 46. SERIES OF 1999
A RES0LIJ110N SUPPORTING 1lfE FINAL AGREEMENT FOR SALE OF PROPERTY TOW AL-
MART FROM 1lfE ENGLEWOOD ENVIRONMENTAL FOUNDATION FOR 1lfE CINDERELLA
CITY REDEVELOPMENT.
COUNCIL MEMaER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 11 (c) (ii)-RESOLUTION NO. 46, SERIES or 1999 WITH MODmCATIONS
TO EXHIBIT A.
And. Council Member Habenicht added. that the clarification that was made earlier in her questioning. be
reflected in the min~.
Ayes :
Nays:
Motion carried.
Council Members Nabholz. Gamat. Bradshaw. Habenicht,
Waggoner, Grazulis. Bums
None
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(iii) Di.rector Long presented a recommendation from the Library Department to
approve. by motion, formal suppon of the Englewood Historical Society's effon to secure grant funding
from the Colorado Historical Society to renovate the interior of the Englewood Santa Fe Depot as a local
history museum for the people of this community. He noted that, as Council was aware , the Englewood
Historical Society has been very successful in saving the Englewood Santa Fe Depot from destruction .
They have also been suc:a:ssfu1 in acquiring S 100,000 in grant funds to refurbish, refinish, save the outside
of the Depot from destruction . They have been successful in getting the Depot listed on the Slate list of
historical places and now they arc going out for additional funding, almost S 100,000 to refurbish the
interior of the Depot for a museum, to serve the people of the Englewood community and the surrounding
areas . Director Long advised that what they arc asking for tonight is City Council's formal suppon of this
grant application. He advised thal Jeny Slack. Pm.idcnt of the Englewood Historical Society and Larry
Gloss , who wrote the grant, were both present if Council had additional questions.
Mayor Burns asked if this is part of the general fund raising effon that the Historical Society presented to
Council a couple months ago. Director Long said he thought this plays a pan of that .
Mayor Burns commented that he knows he had another successful grant previousl y with the State
Historical Society and he would certainly like to sec him get this one.
Mayor Burns stated they arc all looking forward to the completion of the Depot.
Council Member Bradshaw noted it is already looking good .
Council Member Nabholz staled thal the members of the Historical Societ y have really worked long and
hard on this, as well as Hank Long and a lot of members of our community. as well as the City . She said
that she, as a citiz.en. wanted to say thank you for the partnership bctwccn the City and the citizens and the
Historical Society and all ol the Slaff members . It has been a learning process, it has not been an easy step,
but she fmnly believes thal there is power in numbers and the partnership and she would just like to say
thank you for that.
Council Member Bradshaw commented that she is looling forward to. later. another grant repnling the
Skerrin house .
Director Long wanted to say that Lany Gloss wrote this one and he thought it wa s a ,·el')' good grant
Mayor Bums, on behalf of Council, said they appreciate that.
COUNCIL MEMBER IIAIIENICHT MOVED, AND IT WAS SECONDED, TUA T THE CITY
COUNCIL FORMALLY SUPPORT THE ENGLEWOOD HISTORICAL SOCIETY'S EffORT
TO SECURE GRANT FUNDING FROM THE COLORADO HISTORICAL SOCIETY TO
RENOVA T[ THE INTERIOR or nt[ ENGLEWOOD SANTA FE DEPOT AS A LOCAL
HI STORY MUSEUM FOR nn: PEOPLE OF TIIIS COMMUNITY •
Moti on carried.
Ayes : Council Members Nabhol z, Gam:tt, Bradshaw, Habcnichl,
Waggoner, Grazulis. Bums
Nays : None
12. Geattal DballliN
(a) Mayor's Choice
( i) Mayor Burns noted they have an item that will come up a little lalcr rqarcling
the Co ncealed Weapons Act. He was down at dic Legislature, d1is noon, for the dcmonsuation and press
eve nt about this and a lot of people showed up . He stated he is not exactly sure about the status of each oae
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of the bills ... l 30S is the House Bill and Senate Bill 84 is the other one. Mayor Bums said he thought I 30S
was passed by the Senate and is being worked up. He noted it was interesting because he talked to Senator
Chlouber from Leadville, who is canying Senate Bill 84 and the big a,ncem of the local a,mmunities and
the cities was it took the local decision making process away from local a,mmunities. He advised thal the
Senator admitted to him thal it did exactly that, and he thought to too grca1 a degn:e . If it passed the
Senate, Mayor Bums said. he doesn't know why he didn't change ii or work 10 change ii if he felt that way.
Because that is exactly the problem we are having with that One of the speakers. Ken Gordon. Minority
Lader in the House. said that Governor might have been signing it as we stood then:. But. Mayor Bums
said, he was not sure whether he has done thal. He a,mmented thal he heard him on the llldio today saying
he wanted training and he apprccialed the exemption for schools. But. essentially. it has not cbanpd
dramatically from the House Bill. It was of grca1 a,ncem to many people assembled then: this afternoon.
including clergy and council members and many questions were asked ... "why do we need to have permits
and people with permitted weapons at sporting events and City Hall and playgrounds.• He noted it kind of
baffled them. Everybody seems to think then: is a huge effort lobbying eff'on by the NRA to push this
legislation. he said. He pointed out that Denver is extremely concemcd about ii. because of their gang
problems and so fonh and they really got a much better handle on ii the lasl few years. Mayor Burns nottJd
Iha! the Governor is going to sign something. thal is pretty clear, but without the ability of local
a,mmunities to a,ntrol their own situation. ii is of grave a,ncem. 1bc: Metro Mayor's Caucus will take this
up again on Friday. He said they haven't met since this bill got so hot.
Council Member Bradshaw asked when: the Metro Mayor's Caucus will be held on Friday. Mayor Bums
advised they will meet in Westminster al the Front Range Community College at 7 :30 a .m .
(ii) Mayor Burns said they had a letter from an aggrieved teenager thal had -of
her white T-shins Slained by our water. He noted he hales to sec lhese, that we get them all the time about
our water quality, especially the Oushing system in the spring. He acknowledged the complainl about
warnings, but be mou.-we do have warnings in the bills thal go out. Mayor Bums asked bow CXIClllive
the warning is 1h11 we give the public. City Manager Sears advised be can c:hcck on thal. that he kNa'I we
do do warnings in the Citizen.
City Manager Sears DOied we have had a number of problems. but pan of the recent problem is tblll the
lighl snowfall Im created some problems. in terms of the heigh! of the water a,ming in and -we are
beginning. because of the early snowmelt. to have more of a surge of water. TI1a1 is when we traditiCNally
Oush our hydranls. as higher levels a>me in we want to uy and get rid of some of die sediment 11111 is going
to be stirred up. So we have had that problem. plus we had the break and he said our crews really did a
good job. Bill McCormick did an excellent job out there, he said. TIiey had a million and a half pUoas
thal all of a sudden evaporated righl behind the building there and. he advised. we think it was due to a
a,nnection thal had just been put on about five days earlier as we reroute some of the pipes. He opined ii
will be a difficult spring. in the newspaper then: was another article about dl3l and we have seen -
letters. He said be jusa has to say hold on. City Manager Sears IIOled that he was out with the ac,n on 11111
day when they put it back together again and ii was very e"citing. He staled our water system is going to
be in great shape several months from now . II is a new system. the building is about half up righl _. and
it is like treating water to the bell degree possible. so that the sediment does not get into the lines. They ·are
working away feverishly on it. but with thal size of a project ii is jusa going 10 take awhile. Unfonuaardy,
he advised. the complaints an: probably going 10 a>nlinue and die quality is not good right -· City
Manager Sears Slated we have just been hammered by a number of incidents. dl3l lie thinks the quality will
improve by this summer and he is excited when some of the filters stan coming on. by mid-summer, tbcrc
may be a small improvement. but by the end of this year we are really hoping 10 have die full impnM:menL
Council Member Biadsbaw asked if OiMy McKibben called Mayor Bums or Council Member Habenic:bt.
Ms . Habenicht said she called her. Ms. Bradshaw said she called her and asked whal was going on. Sbe
told her thal to find out wbat is rally happening with the water, bow the water will be improved. that tibe
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needed someone who was on the Board when all those things were discussed . Council Member Bradshaw
said, as she wasn't. she referred her to Mayor Bums and Council Member Habenicht.
Council Member Nabholz advised that when the main broke one day last week that she had a lady call her
at about a quaner to six in the morning. It was good that it came across nine news. but all of a sudden she
had to do her white lawldry that day. Ms. Nabholz thought it would be nice to put a gentle reminder in the
Citizen that if you notice the water is muddy, wait 24 hours. She said she knows we give all kinds of
reminders. but all of a sudden they have to do their white laundry.
Mayor Bums noted you have to run the water from the faucet, because if you just tlirow the laundry in you
don't know what kind of quality you an: going to get until the laundry comes out.
Council Member Nabholz said she can see it in her toilet or when she runs water for a glass of water. She
can see hers instantly.
Mayor Bums asked if the scdimcntalion problem will be considerably improved. City Manager Sears said
absolutely. In addition to the taste and odor issues, Mayor Bums asked. Mr . Sears said yes, that they all
kind of inter-relate, but that is the primary function.
City Manager Sears explained that one of the other problems we ran into that day was low now. because
we just couldn't put the QIWll.ity of water out until the line was repaired. I mc:in, he pointed out, we're
basically changing the valving on Layton Street al the same time we an: doing all of the work there.
Cit)• Manager Sears said that we sympathize with them, as does Council. and wc will try and continue to do
some efforts with the Citiz.cn and keep the word out there .
(iii) Mayor Bums commented that he saw Lauri Clapp this afternoon• a mcding o(
the Local Govcmmmt Commiacc. but they wen: hard al work in there. very business like, and he didn't
have a chance to actually talk with her. But he found out when: she was and just dropped in for a little bit.
(b) Council Member's Choice
(i) Council Member Nabholz:
I . She said she would like to accept with n:gn:t the letter from Barb Fout on the Code Enforcement
Advisory Committee. She thought she had to get a voce on that so that it beco1nes official. Mayor Bums
said that he did not think he had actually seen this letter. Council Member Bradshaw said she thought we
did ii.
Council Member Nabholz advised that it came when we wen: in Washington and she was informed al the
Code Enforcement meeting that it was not official until Council voted on it Council Member Bradshaw
said she thought Council did that on the IS"'. Mayor Burns said that usually it just comes up on the agenda.
Ms. Nabholz agreed. but advised Council that it never has. So she was asked to please ask Council about
it.
City Manager Sears said he knows they got tlie letter, tliat Code Enforcement Advisory discussed it and
there was some concern that night about whetl1er or noc she was going 10 just resign off the committee or
ofT of it in total . If she has resigned in tocal, he advised, then we can put tl1a1 letter back on the next agenda.
Council agreed.
2. She said she had City Clerk Ellis pull minutes in regard to space designation for the Historical
Society in the Library. And. Ms. Nabholz noted, ii appears that Council has not made it clear, that she
thought they had after George Allen came and spoke. She stated she has been informed that there is no
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designated space at the Library and we have a total space of 3000 square feet for storage, so she is asking
that officially we designate 700 square feet for the Englewood Historical Society . Council Member
Bradshaw said she thought they did that . Mayor Bums said they did for the Chamber, but they didn~ finish
it, they didn~ authorize funds for finishes .
Mayor Bums said he thought they did this.
Council Member Habenicht said she thought they took a vote on it
Council Member Bradshaw said she thought it was an internal conference room or something.
But. Council Member Nabholz said, they are saying there is nothing on there that shows this and that the
architect is not aware of il
Mayor Bums commented that he can just see the word historical . Council Member Bradshaw noted that
the history part of the Library is different. Okay. Mayor Bums said. that is what he is thinking of.
Council Member Ganctt suggested they just take a look at that.
Council Member Habenicht said that her recollection is, that there is a little room called the Board room
and we thought that was not necessary to have as the Boan! room and that that was the room they were
designating for that purpose . She stated she clearly remembers that.
Mayor Bums suggested they clarify this before they vote on it Council concurred .
Mayor Bums asked City Manager Scars to ask David Tryba to clarify that .
City Manager Scars said yes . He commented that it was his understanding that Council did say there is a
700 square foot area in the Library that should be for hiS1orical , but he did not know if it was during a wolit
session thal they did that or when. But. Mr. Scars advised, they will get a clarification ftom David Tryba
and come back to Council on that.
3 . She advised that she has a really nice thank you letter, which she will make sure all of Council
receives a copy of, in regards to the purchase of the Skerritt House.
4 . She Slated she had a call from a citiz.cn regarding the cuncnt events on our City Web Page, press
releases pertaining to the City. They had wanted to see what the status was on Cinderella City and stuff
like that . Ms. Nabholz advised that the la5I press release was when we purchased the Gothic 1bcater over a
year ago.
5 . She commented that the other night coming out by Current, it was dark and kind of raining, and to
see those glass blocks on our new City Hall, it almost looked like an image of downtown Denver over a
skyscape scene. So. she noted, it is going to be impressive.
6 . She thanked Rick Kahm for how the new forms look on the request to purchase trucks, so she
doesn't have to ask if there is air conditioning. It was a lot easier for her to read
7 . She said, as Council knows, she is all in favor of preserving anything biS1orically . Where her
concern has been is that she believes in partnerships. She supports Arapahoe Acres. but she was really
concerned tonight to here our citizens come forward who say they were agaiRSI it. Ms . Nabbolz advised, as
she recalled, that she went down in September to speak on behalf of Anpahoe Acres and their bislorical
designation, so she was concerned about how this was approached, about how it was done . So, she said,
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she really encouraged the residents in Arapahoe Acres to panncr with the Historical Society and that we
work together on all of the preservation of our special spots in Englewood.
Mayor Bums commcllled that he is confused about that . Council Member Bradshaw advised that she
would be speaking to the whole thing.
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Mayor Bums 5laled that he supportc:d Council Member Nabholz in asking them to partner and get together
on these things.
(ii) Council Member Bradshaw:
I . She presented a list of all of the homeowners in Arapahoe Acres and a list of all of the folks doing
the historical pan. She advised that she also lives in Arapahoe Acres and she is a member of this
committee. but they meet on Tuesdays. so she is out for this semester.
Ms. Bradshaw IIOlc:d that there are SliU some really hard feelings about what she calls Nazi tactics, a couple
or months ago by some members to get an organization and to revive the covenants. People erc:ctcd a fence
and it wasn't taken kindly. so this person was told to tear the fence down . She said it staJ1cd at the Board of
Adjustmcnl and Appeals when they said this garage needs to be lllO\'ed back six inches. It was just that
kind of stutr. she said. So she went to the Board of Adjustment and Appeals and said she was sony. Mrs .
Poole docs not speak for me . Council Member Bradshaw stated that she agrees with Mr. Kaitz that people
who have improved lbcir houses there. have done it in good taste and they have not done anything to wreck
the integrity of the neighborhood.
Council Member Bradshaw said that City Manager Sears called her and told her that Mrs. Poole arrived on
his doorstep on Monday the 29* and that was because their meeting was Tuesday the 23... Apparently
there were 12 people at that mccting. Ms. Bradshaw staled that there is no formal association. there nner
has been. At one time there WCR covenants. but they have not been enforced. So that is wbcrc tbal gets all
confusing.
So. Ms. Bradshaw said, she callc:d Lyle Miller at the Historical Society because she was wider the
impression that there might be some problems with Council endorsing something for the Deaver Historical
group through Arapahoe Acres and then our own . So she called Lyle Miller and Rohen SolUg and they
said there is no limit to the amount of dollars a municipality could get, that the grants arc on case by case
basis. that they arc each scored on their own merit. That the City or area is not even considered when they
are looking at the grants, it is basically on the merit of the grant, so we would not be in direct competition.
She noted in her conversation with Diane Wray. that she said that historically they have never gi-away
all of the money they have on the State level . Council Member Bradshaw advised that what she did with
Mrs. Poole and Ms. Wray was she encouraged them to work through our Historical Society and not go to
Historic Denver.
Mayor Bums asked if they could go through our Historical Society. just the same as they go through
Denver. Council Member Bradshaw advised that all they nccdcd was a 501CJ . so she eocouragcd them to
work together.
Ms . Bradshaw stated it is a small group of people who arc very, very proud of the heritage of these houses
and they want to preserve that intcpity. but it is not the majority .
Mayor Burns asked what Council Member Bradshaw was recommending that Council do or not do. Ms.
Bradshaw advised she was recommending that Council encourage them to work with our Historical Society
and she has no problem endorsing this grant application at all .
Council Member Waggoner noted that the City can't enforce covenants uiyway.
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Mayor Bums commenled thal he did nol think covenanls last because lhcy an:: nol enforced, they an::
conuactual and lhcy an:: pan of lhe agreement be1wecn all lhe people in lhe subdivision.
Bui. Council Member Bradshaw poinled out. there has never been a homeowncr's association. Mayor
Bums said that is how they get enforced is by having a homeowncr's association. And through lhe coun,
Council Member Waggoner said. Mayor Bums said yes. you can have zoning laws that address some of
lhe same issues, but lhe way it works is whichever one is lhe most restrictive can be enforced. He noted
you can enforce both ofthem, but if one is tougher lhan lhe ocher , if you enforce both. !he toughest one
prevails. He said this is like fences and ocher lhings like that. So. Mayor Bums advised. if covenants are
not enforced they just sit therc and you arc left with just lhe ciry zoning laws.
So . Council Member Habenicht said. she is to Wldc:rsland that there are no co,·enants in this area. Mayor
Bums said no. Iha& !here are oovcnants. Council Member Bradshaw agreed that lhcrc arc convents. but
thcy arc not enforced and there is no homco,o11Crs association.
Council Member Habcnici. said then this gran1 docs not in any way address covcnanls. Council Member
Bradshaw advised that this grant is to come up wilh design guidelines 10 help preserve the i .. egriry of the
neighborhood . She said it would be matching funds for homeowners if they wanted 10 restore the fa.;ade
that was there hiSlorically. that type of thing.
Council Member Waggoner COIIIIIICIIICd lhal we as a Cily signed in suppon of thal gran1 application. He
asked if that was right Because: it is in our Ciry. Council Member Bradshaw said.
City Manager Scars advilCd tbal what happened is that she came in and he was put in thc position that if he
dido~ submit :o sign thal to submit it then it was a moot point because it wasn't going to be in therc . He
said he did call Mart Wolfe who is with the S1a1e Historical Sociely. who ~ill be making a decision on this
grant and he told him the stalUS cl this. He advised lhal the Cowicil would still have to give !heir
endorscmenl for this as they did for this other gran11onight . City Manager Scars said lhat is why pan cl bis
signature 10 proceed with that was that Ms. Poole come to the Cowicil and ask for endorscmcnl.
Council Member Waggoner said that as he understood il there arc 40 names on the petition. Council
Member Bradshaw advised that there are SO . Mr. Waggoner asked if lhcy were against it. Ms . Bradshaw
advised that they were against forming an organi1.1tion.
But no1 againsl lhe granl Council Member Waggoner asked. Council Member Bradshaw said no.
Council Member Habenicht said she just wanted 10 clarify that nolhing thal they would be doing in
supporting that granl is contrary to whal lhose ci1izcns were concerned aboul , who spoke against whatever
ii was thal they spoke against . Council Member Bradshaw said no. you arc fine .
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO SUPPORT THE
ARAPAHOE ACRES GRANT APPLICATION.
Council Member Garrett asked if lhe granl is lo have design guidelines, if lhey will somehow encumber
lhis historic district and if somebody wanls 10 remodel. bul they don~ care aboul the granting funds, will
Ibis design standard have any impact on their future remodel. Council Member Bradshaw said no, it can't
She s1a1cd if they arc interested in receiving matching grants. then they could submil lhal to the Arapahoe
Acres Historic Preservation network. thal is lhe group.
Council Member Bradshaw explained lhal ii is for workshops on how 10 preserve the in1egriry . She nolCld
Ibey all have wood fences and after almost 50 years of wood fences lherc needs 10 be some stuff done .
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Council Member Habenicht said the clarification is, again. that the gJ3lll application and the concern aboot
a nci ghborhood association and new restricted covenants on what people can or cannot do for their property
are two completely different issues and do not affect each other. Council Member Bradshaw said that is
right, it has nothing to do with the grant. She commented that there is still that pervasive fear that the
AAHPN will tum into that type of organization, a policing organinltion. But these are guidelines and
suggestions. if people are going to add onto their house they could call and get free help from the Colorado
Historical Society and the architects that are down there . Which she thinks is wonderful ... free help.
Council Member Nabholz said she wanted one more clarification. She noted everybody is in the
competitive process with this grant money and each grant is based on its merit and what they are ~
and they are looked at individually. Council Member Bradshaw said that is right. that it is a competitive
grant process, they are considered on all merits and there is S 12 million this year in the pot, statewide. She
said if it was coming from one organization the Colorado Historical Society would request that the
organiution prioritize ... this is our firsl grant, this is our second grant. But since it is coming from oor
City, but one is from Historic Denver, that is a moot point. so we aren't in competition.
Council Member Grazulis asked if somebody would be denied any grant money for improvement if it was
not consistent with the design of the SO's house or the 40's. COW1cil Member Bradshaw said probably. Ms.
Grazulis said even though it was 1astcful. Ms . Bradshaw noted that her house is in total violation. but she
didn't know that.
Council Member Bradshaw stated that she thinks any group bas the right to apply for a gJ3111 .
Mayor Bums opined that they have to work it out between themselves.
Council Member Bradshaw commented that she has no idea how this is going 10 happen. that she has tried
to clear this up for Council.
Mayor Bums staled that he docs not mind supporting the grant. that he just urged them to get together and
work out their differences.
Vote raulb 1111 aodoll to •pport Ille Anpalloe Acres vu• application:
Ayes :
Nays :
Abstain :
Motion carried.
Council Members Nabholz, Gam:tt. Bradshaw. Habenicht.
Waggoner. Bums
None
Council Member Grazulis
Council Member Bradshaw asked Council Member Grazulis why she abstained. Ms. Grazulis explained
that she is still forming an opinion.
Council Member Habenicht asked that that be clarified.
City Attorney Brotzman advised Ms. Grazulis that she nccdcd to give an answer as 10 why she abstained.
He noted this is RqUired by Council procedure.
Council Member Gtazulis staled 1h11 her question. her concern was not cleared and she was not RR they
were representing ... like the people who would be denied if they have something tasteful , but it doesn't go
with the 40's for 50's design. She said she cannot say they caMOt put an addition on their house if it
doesn 't comply.
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Council Member Bradshaw explained that it is preservation projects that they would receive matching
grants from.
Council Member Habenicht said, maybe to clarify for Ms. Grazulis. it doesn't mean that they can't put
additions on their house, it means that they can't apply for this grant to match funds to put the addition on
their house.
Council Member Grazulis requested the opportunity to re-vote.
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO RECONSIDER.
Motion carried.
Ayes: Council Members Nabholz, Garrett. Bradshaw, Habenicht,
Waggoner, Grazulis, Bums
Nays: None
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, HER ORIGINAL
MOTION TO SUPPORT THE ARAPAHOE ACRES GRANT APPLICATION.
Motion carried.
Ayes: Council Members Nabholz, Garrett, Bradshaw. Habenicht,
Waggoner, Grazulis, Bums
Nays: None
2. She told Council that she knows there were some tough decisions tonight. and the Study Session
was particularly nerve wracking. She said she was glad we did not take blood ~ • the md ol tbll
one. Ms. Bradshaw said it is a plelsuR to wad •1th such an Clhical. honcsl Counal
(iii) Council Member Gruulis·
I . She said she ll1Cndcd the Friday evening dalt egg hunt SIie alllCd the •ould !alt 10 Jcnd Blact
later.
2. She amuncnlCld tbll Daewoo of Englewood opcllCd up. WIIII die~ c:o1oR. 6e adllllll
She said she spoke wilh Payton Dunham and be is so cxciled IO be llcft • ~ ..._ -......
they expect to grow, he said they will always keep a saldlile IIOrC llcft ~ alto ... 111 .......-ill die
parade, providing cars for Council mcmbcn. They would like to ac,et WIIII An Sabdl, or Bait S....,.
regarding the front. Some ol the vcgclation. they want it 10 ~ C\'a)11ung chc dial 11 .,... -. * said.
so she has cards. and has lalkcd to the marketing supervisor and it is a good tl11ng
3. She said she would be out of town April 26 ...
4 . She let COW1Cil know, regarding the Saturday meeting they were going 10 ha\'e as a Council, tbll
she received an invitation in the mail from State Representative Lauri Clapp. There is a conflia lhcrc so
we -..~II not be meeting with her and U.S . Congressman Tom Tanacdo discussing Colorado's imponad
issues, she said, we will be discussing City issues. For other people out in tlic audience. it will be at the
Koelbel Library from 9:30 a.m. 10 11 :00 a .m .• she advised.
S. She said she ll1Cndcd the mock City Council meeting by Flood Middle School SIUdcau and one
Sinclair student She acknowledged that the one Sinclair student was her daughter. but next year, Sinclair
will also be attending, she said, adding thal she has some new conlacls for that It was really rd'rclbing 10
get their iilcas on the graffiti and some of the otlicr issues that they were imercstcd in, she said.
Mayor Bums said Mrs. Berg advised they were going 10 come back witl1 some actual proposals on graffiti .
He said they did a grea& job and it was a lot of fun .
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6 . Regarding Director Olson's memo. Ms. Grazulis said when she spoke to the businesses that were
involved to see how things were going, they said they never contacted the police depanment regarding their
problems. She said she tried to tcU them they need to contact the police every time an incident happens so
we know which areas we need to patrol and watch over. One said he would and the other said probably
not. She said we need to get an accurate reading of these incidents. such as hubcaps missing, cars broken
into, planters kicked in. and things like that. They just don't think it is important enough. she said. and she
is trying to convince them otherwise. We do have a lot of things that happen like that along our South
Broadway businesses, she advised. adding that she will gel with Director Olson to discuss it further .
7 . She commented that Ray Tomasso. who is going to be doing our an project. is teaching his art of
paper this Saturday at University Hills al Guiry's. She noted she would be attending that .
(iv) Council Member Habenicht :
I . She called ancntion to the corner of Navajo and Tufts. There is a no truck sign. but. the way the
area curves right there, sometimes you get onto Tufts, but you haven't seen the no truck sign. She asked if
another sign could be put in a litde funhcr up . Council Member Bradshaw said that up by that bridge
would be good.
2. She said she heard that Ft Lupton has a new noise ordinance. She said every time she has tried to
bring it up, she has been told we don't have the equipment to monitor noise decibels and the like. Their
ordinance docs not ~ a requirement of decibels. it is just based on if you can hear it someplace else, or
by a ccnain dimncc. then it is too loud. She said it doesn't matter for her because she docsn 't hear very
well. but for liOIIIC people who do hear well. some of tbcsc noise issues are very imponant. She recalled the
incidcnl where tbcR -actually a murder based on argwncnts over inappropriate or too loud noise. If it is
not being cnforad. lhc opined. then lhosc kinds of things can emerge. She said she would like to sec us
look in&o thal apin and tee whal they are doing in their ordinance so that we can do it here.
3. She commented thal the mock Council meeting was phenomenally good and she is rally
impressed with lhosc young people. She said she understands they are also going to be bringing to us.
some of their ideas for a rblcboarcl ordinance. They had a lot to say about that and it was very interesting
and they were very thoughtful .
Council Member Bradshaw recalled that she had commented that. if we don't provide an area for the
skateboarders. they will be using the new ~-elopment.
Mayor Bums said a nwnbcr of them asked why they can 't skate down die sidewalk or die commercial area.
Or, Council Member Nabbolz said, down the handrails.
Council Member Habcnicbl commented that she dido~ want to steal their dnmdcr. She advised she thought
they were going to come to us with some good ideas .
Ms. Bradshaw said wc riced to keep it on thc front burner. that we need to provide a better place like we
1~1,·c at Cushing Park. that we riced to provide more.
Mayor Bums said wc need gcncnl places for kids to hang out. He said people he has talked to It National
League of Cities. who ha\'e advisory councils. say those are really very helpful because the kids rally learn
what it takes to have a place for them. how much it costs, and it really invests diem in the community,
which is really a very valuable thing to do.
Council Member Bradshaw felt we riced to have a youlh wk force . Council Member Nabholz agreed.
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Council Member Waggoner recalled that, in the Long Range Park Plan. there is a skateboarding park at
Centennial Park . Ms. Habenicht said that is awfully hard for some of the kids to get to . Mr. Waggoner said
we need that property that we are about to purchase to get to it. It provides a road back in there that they
were going to build. The capital projects plan includes a huge skateboard facility, he said. Then. Ms .
Bradshaw said. maybe we need to include some of these kids from this mock mccling on a task force .
Mayor Bums said most of the cities call them youth advisory councils. He feels it is a lot of fun to work
with the kids on these things and they have been very helpful. We have spent so much time on economic
de\·elopmcnt in the past few years, he acknowledged. that it would be great if we could do something like
that with the kids.
Responding to Council Member Waggoner. Di;ector Black said the skateboard park is stiU on the plan.
adding that they are also forming a youth advisory council. Mayor Bums and Council Members Bradshaw
and Nabholz commented that thal was grcal.
Council Member Nabholz recalled that. when they were in Washington D .C .. I hey spoke with Clarence
Anthony, and she told him sometimes we have trouble getting the dollars together to get the kids involved.
She said she was so impressed at the last two conferences how the NLC youth delegation has grown. Mr.
Anthony said to drop him a note and he would see what they could do for funding. and he recommended
that we send two youth members to Washington. t.o NLC. she ad\'iscd. 1l1cse young people come back and
instill that energy back into the community, and we 1~1,·c quite a few very good youth members on our
boards and commissions. she said.
Mayor Bums said that is true. He said he son of stumbled into this lunch for the youth delegation when he
was there and was talking with a young man from Tucson who was working with kids and also a mayor
from Texas. who has sent him some material on this. They were very enthusiastic about their youth
councils. he said. and how much input the kids get in the community doing tl~11. He said he thinks it is a
great idea.
Council Member Habenicht said she would like to sec us . perhaps. open applications to youth to attend for
the City of Englewood as our youth delegates to the National League of Cities. She felt two would be a
nice number and that we should open it to those students who have served on one of our boards and
commissions, so that there is some indication that they have had some strong commitment in the past.
Council Member Bradshaw asked who would supenise them. Mayor Bums said the cities he talked to had
a staff member who came with them and was really acti\'ely participating.
A resolution declaring Englewood City Council's opposition to 1he Concealed Weapons Act, which is
c urrently being considered by the Legislature of the SL1te of Colorado. was considered. Mayor Bums said
he went to the South Mcuo Chamber legislati\'e breakfast a couple of weeks ago and spoke out against this.
1l1ere were several legislators there who were for it. he said. but a lot of people came up to him afterward
and said they were really very concerned. The superintendent of schools in Douglas County was there and
said the last thing he wanted in his schools was guns for him or his staff or anyone. One of the
representatives from Englewood. Joe Stengel. from District 38, said Ilic reason tJ1e bill came from the
House to the Senate. with almost no restrictions on it at all , was because 1here was a lot of in-fighting in the
House over what the bill should be about and what the amcndmcnls could be. and tlacrc were even
personality conflicts between them. Mayor Bums said they referred what they call a "clean bill" to the
Senate. which meant there were no restrictions on it hardly at all . llacrc was one. he allowed, on the school
buildings. 1llCy dumped it. in essence. into tlac Senate for them to take care of. One of thc reasons, he
said. was because the Senate had a prior bill tllal had restrictions in it. and it 1~1d not survived thc House, so,
s ince thc Senate worked on it before , they just tlircw it back to tlacm. Now the bill is going tlvough the
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Scnale and it docsn 't have any more restrictions on it than the one that came out of the House, he said, that
he can sec . He fell this was rcally of grave concern to the mlUlicipalities . ll1e other big pan of this, which
was spoken about so much today, is about local decision making . llicy arc just taking it away from local
communities and that is a 1!J3VC concern too, he said.
The resolution was assigned a nwnbcr and read by title :
RESOLlITION NO . 47, SERIES OF 1999
A RES0L1J110N DECLARING ENGLEWOOD CITY COUNCIL'S OPPOSITION TO THE
CONCEALED WEAPONS ACT, WHICH IS CURRENTLY BEING CONSIDERED BY THE
LEGISLATIJRE OF THE STATE OF COLORADO.
MAYOR BURNS MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 47,
SERIES OF 1999.
Council Member Waggoner said he really does not have a feeling on how tl1e people of Englewood feel
about this. He felt it was an individual choice and was not sun:. as a Council person . whether he could take
a position on it
Council Member Habenicht felt it was imponant to take a position on it in terms of the local control issue.
If we are going to even consider controlling how a Slore can sell paint for graffiti , then wc have the
responsibility of bow people behave within our commwutics and where tlicy can cany and not cany
firearms, she said. She opined that it is a local control issue and very much a mWlicipal issue .
Mayor Bums said whclhcr we decide as a Council to have guns or not, or to allow them here or there, is a
decision we can make • anodler time. But what the legislature is saying is "you don't make the decision.
we make it for you .•
Mr. Waggoner said you can make the decision by po51ing a building saying no guns. Mayor Bums said no.
that is what this legislation is all about. Mr. Waggoner asked when that changed. because. even after the
legislation Slal1ed. they were saying all you had to do was poSI tlie building and you could control whm is
in that building ... courts and everything. City Anorncy Brotzman said no. right now you couldn't .
Mayor Bums said he heard a discussion on the radio today that any judge could say he will not allow a gun
in his counroom. City Anomey Brotzman said he did not think tltat was correct. only a federal counbouse
would be protected, because there is a specific provision for federal laws and regulations. Under the clean
bill . he said, if it says you can have iL you can have iL and the judge cannot prohibit that.
Mayor Burns staled thal wc have metal detectors in tlie Arapahoe couns because a police officer sbol his
wife's divorce lawyer in the back in the cowtroom several years ago will, a service revolver. One of the
questions today was if only criminals shoot people. he said, but people have moments of passion . Even a
law enforcement officer can commit a crime like that right at the courtliouse. Mayor Burns said he is very
concerned if a judge cannot restrict his own counroom .
Vote rc111lts:
Ayes :
Nays :
Motion carried.
Council Members Gam:IL Bradshaw, HabenichL Waggoner, Grazulil,
Bums
Council Member Nabholz
Council Member Nabholz said she would like to explain her no vote. allowing that this is her own pcnoaal
opinion . She said she was raised in a very gun responsible family and grew up hunting. She said she Im
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April 5, 1999
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COUocil Membe,, BlllCfshaw !hanked Mr. Seats for all his elfons.
14 . City AUer_,,, 11epen
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VRNs 1110\IED TO AD.loURN. The llleaing ~ at 9:29 p .rn.
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ENGLEWOOD Cl1Y COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
April 11, 1999
I. Call to Order
1bc special meeting oflhc Englewood City Council was called toonlerby Mayor Bums at 7 :12 p.m.
2. lavocatioa
1bc invocation was given by Council Member Nabholz.
The Pledge of Allegiance was led by Mayor Bums.
4. Roll Call
Present Council Members Nabholz, Grazulis, Garrett, Bradshaw,
Habenicht. Waggoner, Bums
Absent
A quorum was present.
None
Also Present: City Manager Sears
City Attorney Brotzman
Deputy City Clert c.Jc
Senior Plamer Stia
There was no Public Hearing IICbcdulcd before Council.
6. RqidarA.-U
(a) Approval of Ordinmces on Finl R.cading
(i) A recommcacl#ioa from lhc Dqwtmall of Neipborllood and Business ~lopmcnt to
adopl a bill for an emergency onliaanc:c uhorimlg lhc vacation of a ripl-of-way along die 500-800 blocks of West
Floyd A venue was considered . Senior l'lwlcr Stitt advised lhll die vacalioa is acccssary to implcrncat lhc
Englewood town cemcr Plallncd Unit Developmcal . A portion of die ripl-of-way that is to be vacaled. be said, will
be included in lhc land tnna:tioa for die Wal-Man dndopmeat.11111 die balance of die vacated ript-of-way will
remain as street, but will be Wider die control of die EDsicwoocl EIIVinlmnmlll FouodMioa, as will llllllt of die
strccts within die dcvclopmmt italf. 1bc portion 1bll will be vacaled to die Eqlewood ~ Found#ion.
he advised, will be die IOUlb sixty-six fed ofdle aillcly-tix fed ofript-of-way of West Floyd A-iD die 500-
800 blocks of West Floyd A-. 111c rama for dlis is to providc forCIOllll'Ol ofdle ripl-of-way by die
Foundation and to provide for pound dial wiU be included iD die Wal-Man llllll8Clion.
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Englewood City Council
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April 12, 1999
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Mayor Bums said he undcnlands that. essentially, this is part of the right-of-way of Floyd Avenue, but it isn't part
of the travel ponion that we have now . Mr. Stitt said, recalling the right-of-way for West Floyd Avenue, that the
ninety-six feet includes two westbound lanes, two eastbound lanes, and a median . The vacation will cover the
median and the eastbound lanes and a portion of the eastbound lanes will actually be incorporated inlO the Wal-Mart
transaction . Actually, undcmcalh the eastbound lanes arc the LiuJe Dry Creek conduits, so there rcally won't be any
development, per se, on top of thal portion of the right-of-way. he said. The road that will be developed, that the
public will rccognizc as West Floyd Avenue, will be on a portion of what is now the median, and the westbound
lanes . Mr. Stitt said, according to the Planned Unit Development. the provision for right-of-way, or strccts within
that area. included a ciraalalion road thal would connect Elati, Fox and Ga1apago with a sixteen foot or twelve foot
right-of-way that would provide circulllion for the neighborhoods. This would not allow traffic to flow from, for
instance, Dartmouth south through the ncigbbomoods into the development across Floyd Avenue. The balance of
the right-of-way , he explained, MIil the public would recognize as the b'lditional right-of-way for West Floyd
Avenue. would provide access for buses and loading for the Englewood town center development
Mayor Bums asked if there will be enough right-of-way there for the neighborhood circulation . Mr. Stitt responded
affinnatively.
Council Member Habenicht asked if there will be an adequate buffer so that if there arc exhaust fumes and all t.bal,
it won't affect the neighborhood or quality of life of the people who live there. Mr. Stitt responded that. the way the
Planned Development was laid out. there would be a wall and landscaping to buffer the neighborhood to the north.
In fact, we have been studying that buffer to determine e,iactly what is going to be necessary to protect the
neighborhood from the bus traffic, since the buses arc quite large , and they exhaust up through the roof with an
exhaust pipe . A low , four foot wall , he said. would not provide the kind of sound and vision buffer that is necessary,
so we arc looking into what will be necessary to provide the sound and visual barrier for those neighborhoods .
TI1ere will be breaks in the buffer, he explained, to provide for emergency aa:css. What we have proposed now are
bollards that would be at those cross SlJeds that emergency vehicles would be able to penetrate, but regular
passenger cars would not go through there. We will not have a continuous wall from Elati to Huron, but there will
be a sufficient landsc:apc and physical barrier to protect the neighborhoods from the sound of the truck and bus
traffic . and a visual barrier as well, he said.
Council Member Nabholz said she was glad to hear that and that her biggest concern is to be sure we buffer that
neighborhood to the north. She said it looks like they arc doing what needs to be done .
Mr Still said they arc llill working on that, and the final design for the barrier will probably be forthc:oming in
se,·cral "'eeks .
Council Member Nabholz asked that she and the neighborhood be kept informed. Mr. Stitt said absolutely .
Mai or Bums said it sounds like kind of a challenge to buffer that noise . Mr. Stitt said the challenge is to prQ\'idc for
the penctrauons for emergency vehicles. We have a limited amount of space, he explained, and in order to put a
high enough buffer. and still provide space for landsaping. is a real challenge. We have the archilcctS, and
l:u1dscape architects, working on how best to accomplish that . he said, and there arc ways of creating visual and
sound barriers that arc IIOl a solid wall, that will llill provide the kind ol prolcction for that neighborbood thal they
deserve .
Council Member HabenicN said thal is where her lcvcl of discomfon lies in puling this, in case they can not come
up with something that would adequately addras that. Mayor Bums said bul you arc going to do thal anyway .
Whether we vacate sixty-six feet. or whatever it is, for Wal-Mart, you 11ill haw the same iauc . Mr. Stitt aid that is
correct . Regardless of how much is vlClled, wc are lliU committed to putting in a buffer for that ncigbborboocl
The amount of space available for that buffer is rcally not a factor or a fuDclion ol how much wc vaca1e, but how
much ground is necessary to provide the lm'd ways for the uuck, bus and car lnffic. and provide adequllc
transponation or a circulation route on the -111 side for thole ncighborboods.
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April 12, 1999
Page 3
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Council Member Habenicht ukcd if 11111 ia Mil would be a:rificcd if tbele ia not enough room IO pul the adequate
kind of buffer 11111 they WIIII IO do. Mr. Sli1I Slid DO, tbcy MW DO illlmlion of IICrificillg 111Y buffer apace, in fact
they an: llying IO pc more space for the buff'cr, lie IIRl1al. and the Qllld barrier in tbll ana
Council Member Bradshaw lllbd dill Ibey _. lcl ii look like the Qllld burier dill ia oa the Mii lide of Sallla
Fe. Mr. Slill Slid it will not loak like~ feet of COIICRte bloc:b. He lllled dill Ibey MW -cleaips tbcy an:
loaking • lhll will pn,vide for• ...... vi1u11 blrricr, •Mil• a Qllld barrier. Tbe beiglll ofdle barrier ii
llill anctbing we are UMlliplilll, lie llid. and dill is a fimclioa of die type of lnffic dill will be oa dill Slrect.
Mayor Buras aid tbele ia a lot of quality in the walls oa the Wal-Malt daip. and lie felt we lbould-" offtbll
pod deligD .-we do Ibis. Mr. Slitt Slid our pl ia to MW,......_, dill is a notch bcacr dmt tbat. so dill if
dlere ia a -a (or Qllld i.nien around die rat of the dewlopmenl. we aw a model IO look al.
Council Member w.....-llid. iflle 11en righl. the pan with die bolled coadllil oa it. and die median. is pa1 of
the vacation. Mr. Sliu aid dill ii conec:t. die 111111b sixty-six feet of the righl4-way will be -=-ii to the
Englewood Enviroamenlal Founcle!iolL Council Member Wagoner lllbd if dill illcludel the boxed COllduil., and
the existing mediaa. llld the exisliDg eadlound lanes. Mr. Stitt Slid 11111 ia camcL Mr. w....-lllbd bow we
would pc the right IO pul the lnffic i.ck OIi tbll pal1ic:ular ponion. Mr. Slia Slid we will retain ealCIIICIIIS for
traff°IC 111d for wlilia in lhll area.
Mayor Buras.._ if lhat ia where the bulla an: ping 10 go, not the aeipbadiood \diicular lnffic. Mr. Slia
rapoeded 11111 the 111m will go 1be1e. and the aeigllborliood lnffic will lie OIi die aclUIII exilliag. remaining thirty
feet of righl4-way to the IIOllh.
Couacil Mem11er w...,_. IIIUd ifdle Talfflc: E-.;-ba loabd • dlia ad llid dlia will -die-. Mr.
Slia rapoaded alinalliwly.
The Deputy City Ciak ..t die~ llil by lide:
COUNCIL BILI. NO. 26, llffllODUCED BY COUNCIL MEMBER BRADSHAW
A BILL FOR AN EMERGENCY ORDINANCE AUTllORIZING 11IE VACATION OF RIOHT-OF-WAY
ALONG 11IE 500-800 BLOCKS OF WEST FLOYD A VENUE BY 1111! aTY OF ENOLEWOOD.
COLORADO .
COUNCIL MEMKll aaADSBAW MOVED, AND rr WAS DCONND. TO Al'l'llOW AGENDA ITDI
6 (a) (l) -COUNCIL. alU. NO. JL
Ayes : eo.cil Melllben Nallllolz, Gama, Baidlllaw, Habeaiclll. w...,.... Onmdis. 8uras
Nays : ~
The motion carried.
There were no onlialcel for appuval oa acmd.....,.
(C) ReloluliOlll ad Malka
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April 12, 1999
Page 4
(a) Mayor's Choice
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(i) Mayor Bums said he inquired about the 1999 Cilizms' Academy that was supposed to
start on Saturday, April 10., with some good sessions, but they didn't~ enough response to bold il They arc
going to continue it on to the fall, he advised. adding that he spoke with Dorothy Romans about the kind of publicity
and outreach that might get a better raponsc to this. such as The Citizen, wbicb it has been in, Neighbothood
Watch, and Tent Talks. Mayor Bums fdt it was kind of sad that we didn't have enough people sign up . Council
Member Grazulis said she signed up . Mayor Bums said we will be tallwi& with Public Information Officer
Punccrelli about ways to get the word out, bec:ausc these arc ~ educational sessions.
(ii) Mayor Bums said he went to the Meuo Mayors' Caucus on Friday and there was a~
good discussion by Peter Neukirch of the Soulhcul Business Partncnhip. It was about all of the dala that they have
acquired about the Southeast Conidor thal they arc worting with oa jobl. transp0111lion, housing and so forth. He
said he would like to get some of that to Director Simpson and see what kind of similar data they might have for the
Southwesl Corridor. All the mayon got intcresled in whether they could replicale that kind of study for their
particular areas. he said. We also bad Tom Nonon there and Cal Martella. who arc working very diligently about
trying to crack the nut in the Southcasa Corridor on the local match . FT A is impressed about the fact that they arc
going to do light rail and highway at the same time, he related, which is better than doing it one at a time, but that is
still a big challenge. It will be two ycars before they can start construction, he said, and then five to seven years of
construction, during which time they arc going to have to do a lot of llllffic managcmenl All the other corridors arc,
of course. interested in getting somcdling for tbcmsclvcs. so you can just see a real tussle going oa in the future, he
said. and a lot of things will fall into place. Mayor Burns said the lcgjslalion that the GoYcmor has proposed for tbc
bonding is vitally i~ to all of these corridors. They all want to rcplicalc wbal we arc doing and it is~
gratifying to be in this position lhal M arc in in tbc Southwest Corridor, he opined. because it is a real cballcogc for
the rest of them. but they arc doing -good -1t in those areas .
(iii) Mayor Burm said Saturday is our annual rcttca1 and goal IClling, for which M will be
getting a considerable packet of materials lhal worked off the rctrcal that the staff" bad .
(iv) Mayor Bums advilCd that the City received SS million from RTO oa the 23n1 of Marth
when we we nt down to their meeting. We got a founecn to nothing vote, which is the firsl •muiDMJUS vote we bave
ever obtained at an RTO Board meeting. though oac member was ill, he allowed. Even the members who arc not
thrilled with light rail realiz.cd we need lhis CX1l'a parking, he said .
(b) Council Members ' Choice
(i) Council Member Nabbol z:
I. She said Susan Van Dyke 's father passed away , so she bad requated that Executive AssilW!l Bradshaw
check into whether we should send Dowers or a contribution. Ms. Nabbolz felt IOIIIClbing should be scot to Ms. Van
Dyke.
2. She advised that she saw Mike Colfman. our State Treasurer. on the clcwlor about a week ago . He sent
kudos to Council for buying the Skcnitt house .
3. She said Hank Long and lnformllioa Services arc -than willias to let up a web lite c:onnection lim to
our City page which would involve tbc HillOrical Society. We as a Hiltorical Socicly would provide tbc
infonnation to updalc it. but she said Ille needs Council's appn,val and die Maagc,'1 appn,val in order for tbc:m to
move forwa rd with that .
-'· She said she has bad lneDIOCII p,od phone calls on the depot. She applauded Director Black for all bis
hard work. remarking that it is prpous-, there .
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S. She advised that she has received eig)U phone calls against Sam's Club.
6 . Al 2820 South Elali Street, she said, then: is a leaking fifty gallon drum of what looks like oil in the alley .
7. She said she rode along with an offia:r a couple of weeks ago and was very impressed with our Englewood
polia: dcpartmcnl One of her cona:rns was that there were only two employee procedure manuals in the whole
Safety Services building. This was a very conscientious young man, she said, and he said he thooght it was about a
seventy page manual and he would appreciate if there were more manuals available.
(ii) Council Member Garrett:
I . He commented that the truck traffic on West Union is better, but fdt, now lhat the weather is turning nia:,
thal motorcycle enfora:ment mig)U be helpful . The reports he is hearing indicalc that we arc not being as strict as
maybe we should be initially. He felt that ifwe enfora:d it with the first lime offenders, they would not do it a
second time.
2. At Huron and Belleview. if you arc westbound on Belleview turning northbound on to Huron, that seems to
be the ·Tm going to market my vehicle" corner, he said. at the vacant lot and right on the curve. With people
barreling down Belleview, that is pretty dangerous. Mr. Garrett said. and asked that it be checked to be sure they arc
the proper distance from the end.
3. He said he spoke to a business pcnon in his continuing remodeling sap. He said he had a nia: encounter
with a gentlemen who owns a business here in Englewood, who moved from Denver and really enjoys the
cnvirunmcnt we provide the busincss community, particularty the law enforcement group . He said wbcncver he bas
had a problem. they havc come out to ICC whal is going on and taking Sia~ as opposed to the trealmalt he
generally got in Denver.
Mayor Bums said, along with thal. we got an update on the South Broadway Action Plan. which be is rcally anxious
to sec implemented.
(iii) Council Member Bradshaw made the poinl lhat she did not realize that there would be a
Council Members ' Choia: this evening, because prior to this, at a special meeting, all you could discuss was what
was on the agenda.
City Attorney Brotzman said you can discuss, but you can not vote on anything other than what is on the agenda .
Ms . Bradshaw said they intcrprctcd it much more strictly last time .
(iv) Council Member Grazulis :
I . She said she went on that tour today and Gary Hultberg was the driver and they went with five other people
from the Cultural Arts Commission . They were viewing possible sites for the ten sculpturcS from the Museum of
Outdoor Arts. We came up with some fascinating ideas, she said, of how to distribute the arL
Council Member Habenicht said she thinks those ten sculptures arc the oaes thal we have a deal with this group tbal
places sculptures for two to thRc years, and doesn't have any connection with the ll'USCUIII at all. Ms. Grazulis
ag,ccd that that was comet.
2. Last Friday, she aid. she attended the Cherrclyn ElemctUry School c:arccr fair.
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3. There was a special officer assigned to talk to some of the South Broadway busiDCSS people tbat she bad
been concerned about because they were not rcponing their incidents. Ms Grazulis said they arc speaking to those
business people at least weekly . She said that is very nice and she thanked them.
(v) Council Member Waggoner said, when wc were talking several months ago about the
DROP Program, tbat wc were supposed to have something brought back to us by Man:b or April .
Council Member Bradshaw said that non-emergency bas a meeting tomonow. City Attorney Brotzman said police
and fire pension arc this week and next week . Ms. Bradshaw said then it is probably c:loscr to May. She said tbat is
the foc:us of the non-emergency meeting tomorrow .
Council Member Waggoner asked if tbat is going to be rctro-ac:tivc to the fint or the year. Ms . Bradshaw responded
affirmatively.
(vi) Counc:il Member Habenic:hl :
I . She said she remembered what Council Member Bradshaw remembered, that we never disc:usscd Council
Members· Choice at Special Meetings .
Mayor Bums said wc have Counc:il Members' Choic:c al the Study Sessions, and he felt it was a matter of
convenience .
2. She menlioncd that some of the members or the Cultwal Arts Commission will be visiting the Library
Board meeting . We have a liaison from the Library Board on the Cultural Arts Commission, she advised, so tbcrc is
some really good c:ommunic:alion going on. The Cultwal Arts Commission bad been approached about space within
the City complex for a group c:alled die Book Arts League that is looking for space, and they do some woodcrful
things, Ms. Habcnic:ht said. The Cultunl Arts Coaunission really fdt that this was more or a library kind or
program or use and so wc have referred that to the Library, she said, and they arc going to be making a presentation
to the Library Board. It really sounds like a wonderful program, she said, and she felt they would be pretty excited
about it. She said she would keep them posted .
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Mayor Burns advised that Pal Cronalbcrgcr, the Mayor of Littleton, wu pracm, and bas been talking to him about
making a presentation about the transit alliance for some time . Our Study Sessions arc so jammed, he said, tbat wc
have not been able to work her in there . He said he Wldcrstands she wu invited to come tonight during this meeting
and, be ac:knowlcdgcd. this is no1 pan or the spcc:ial meeting agenda. He said her presentation would not involve
discussion . He asked if everyone was comfortable with that
City Attorney Brottman suggested that it might be more comfonablc to have the prcsclllalion during Study Session
after the meeting . Mayor Bums c:oncurrcd.
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Council Member Nabholz advilCd that Bishop Elementary Sc:bool is teaming .., with Clean, Green and Proud. and
Parlts and Recreation, to c:lcan up around the Depol on Saturday, as wdl as Cusbiag Park. Ckan. Green and Proud
has provided them with plutic: bags. and Ms. Nabholz said she boupl them -rubber paves, and wc will
provide them with donuts and drinks. Anyone who c:an gel out tbcrc, she llid, allowing thal it is budpt time. ii
would be good if they c:ould ao out and cnc:owaac those kids .
I . City Muqer'1 lle,on
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(a) City Manager San said we bid a very successful rmeat Ille lut couple of days. Tbae dlinp are
helpful when wc can get away and get a c:hancc IO lalk and get -lrllinillg in terms of COIIIIIIUllical between
dcpal1mclllS and bow better IO deal witb some citizen iaues. We pt a better underslanding of style and bow one
dcpal1mcnt waits witb another . He said be tboupt it -very belpfid, altbougb WC were doing a>lllraCIS al tbe
same time lhat we were ~-But it allowed us IO get away and, • a tam, work through some of Ille contract
issues that wen: coming back IO Council next Monday night. be said. We focuaed in oo Ille IOp pl iaues so !bat
we can really focus in tbis week on dlOle. Mr. San llalCd that tbe budpt information is al-ys helpful and very
positive about where wc are and where we are going IO go, and then we will focus on some of tbe key iaues and try
IO be done U c:lole IO one O' c:lock U WC can.
t. City Atteney'1 lleport
(a) City Attomey Brotzmm ~ a motion n:pnling tbe CIRSA lldtlemcot proposal for Ille
LittJetoa/Englewo Wutewalcr Tff:llllleDl ,-for the media failwe. He requesled approval of itam I through 4
on the agreement. and modificalion of itan 5 IO indicate payment or reasonable engineering COSlS and 11tomey' s
fees .
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE ITEMS I
THROUGH 4 OP THE ClltSA PROPOSAL FOR THE SE1TLEMENT OP THE
LITILETON/1:NGLl:WOOD WASTEWATER TREATMENT PLANT MEDIA FAILURE, AND
APPROVAL OP ITEMS WITH MODDICATION TO INDICATE PAYMENT OP REASONABLE
ENGINEERING COSTS AND ATl'OltNEY'S PEES.
Ayes : Council Members Nabbolz. Garrett. Bradshaw, Habeoicbt,
Waggoner, Orazu1is. Bums
Nays : None
The motion carried.
10. AdjN...-t
MAYOR BURNS MOVED TO ADIOURN. Tbe meeting adjourned a 7:40 p.m.
<b .. ,1,, ¥ {),.~
Deputy City C
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COUNCIL COMMUNICATION
Date I Agenda Item I Subfect
10 a ii Southgate Supplement #143 April 19, 1999
Initiated By I Staff Source
Stewart H . Fonda, Director of Utilities Utilities Department
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None.
RECOMMENDED ACTION
The Water and Sewer Board, at their April 13, 1999 meeting, recommended Council approval of a Bill
for an Ordinance approving Southgate Supplement #143.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The City of Englewood provides sewage treatment to a population of about 70,000 people outside the
City through contracts with numerous connector districts. The area is defined by the natural drainage
and extends south and east from Broadway to the Valley Highway and from Hampden to Lincoln Ave.
excluding Highlands Ranch. By contract the City of Englewood must approve any additions of land to
be served by the districts. These are usually in-fill situations that are within what the City considers to
be the area it has committed to serve. Adequate capacity has been provided in the treatment plant to
accommodate all such future inclusions. Annexation of this parcel of land will not increase the tap
allocation of the Southgate Sanitation District.
A request was made by the Southgate Sanitation District representing the owner, Bette R. McColley,
for inclusion into the Southgate Sanitation District. Supplement #143 is for an area approximately 2 .3
acres. The zoning per Greenwood Village is Residential for a single-family residence, with the
proposed use to stay the same . The legal is attached as Exhibit A. The property is located north of E .
Orchard Ave ., south of Belleview and west of Colorado Blvd. in Greenwood Village . The address is
3900 E . Garden Avenue .
FINANCIAL IMPACT
None.
UST OF ATTACHMENTS
Proposed Bill for Ordinance
Southgate Sanitation District Supplement #143
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ORDINANCE NO ._
SERIES OF 1999
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BY AUTHORITY
A BILL FOR
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COUNCIL BILL NO . 29
INTRODUCED BY COUNCIL
MEMBER~~~~~~-
AN ORDINANCE APPROVING SUPPLEMENT NO . 143 TO THE SOUTHGATE
SANITATION DISTRICT CONNECTOR'S AGREEMENT FOR THE INCLUSION OF
LAND WITHIN THE DISTRICT BOUNDARIES .
WHEREAS , Southgate Sanitation District recommends the inclusion of
approximately 2 .3 acres into the District; and
WHEREAS , said inclusion is located in Greenwood Village north of East Orchard
Avenue, south of Belleview and west of Colorado Boulevard; and
WHEREAS , the zoning of this property in Greenwood Village is for a single-family
residence and the proposed use is to remain the same; and
WHEREAS, said annexation of this additional parcel of land will not increase the
tap allocation to the Southgate Sanitation District; and
WHEREAS, the Englewood Water and Sewer Board recommended approval of
Supplement No . 143 to the Southgate Sanitation District at the April 13, 1999
meeting;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO. AS FOLLOWS :
Section l. The Agreement between the City of Englewood and Southgate
Sanitation District entitled "Supplement No . 143, to Connector's Agreement", which
includes approximately 2 .3 acres located in Greenwood Village north of Eut Orchard
Avenue , south of Belleview and west of Colorado Boulevard, is hereby accepted and
approved by the Englewood City Council. A copy of said Agreement is attached hereto
a s "Exhibit l " and incorporated herein by reference .
Sectjon 2 . The Mayor and City Clerk are hereby authorized to sign and attest,
re spectively, the said Agreement for and on behalf of the City Council and the City of
Englewood , Colorado .
Introduced , read in full, and passed on first reading on the 1~ day of April, 1999.
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Published as a Bill for an Ordinance on the 23rd day of April, 1999 .
Thomas J . Burns, Mayor
ATTEST :
Loucrishia A. Ellis, City Clerk
I, Loucriahia 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 19th day of April, 1999 .
Loucriahia A. Ellis
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SUPPLEMENT NO . ...1il.. TO CONNECTOR'S AGREEMENT
THIS AGREEMENT, made and entered into by and be1M«1 the CITY OF
ENGLEWOOD, acting by and through its duly aulhorizad Mayor and City Clerk , hereinafter
called the "City," and SOUTHGATE SANITATION DISTRICT, Arapahoe and Douglas
Counties , Cotorado, hereinafter called the "Dlatrlct,"
WITNESSETH :
WHEREAS, on the 20th day of June, 1961 , the City and the District entered
into an Agreement in which the City agreed to treat sewage originating from the District's
sanitary sewer system within the area MIVed by the District. which Ag-,,t was most
recently renewed by Connector's Agreement dated November 16, 1988; and
WHEREAS, said Connector's Agn,ement provides that the district may not
enlarge its service area without the written consent of the City;
NOW, THEREFORE, in consideration of the mutual covenants and
undertakings herein set forth , the parties agree as follows :
1. The City hereby consents to the inclusion of certain additional area
located in Arapahoe County , Colorado, owned by Beu. R. McColley and more fully
described on Exhibit A attached hereto and incorporated her9in by ref9rence , into
Soult,gal8 Sanilalion Oistric:l The City 81119N lt'et said additional -may be a.V9d with
the -facities of the Dislrid. and that ll'e City will treat the .-age discharged into ll'e
City's tNnk line from said additional area, aH in acx:ordance with the Connector's Agreement
dated November 16 , 1988. Accordingly , Exhibit A referred to in Paragraph 1 of the
Connector's Agreement dated November 16 , 1988 , is hereby amended to include such
additional area.
2 . Each and every other provision of the said Connector's Agreement
dated November 18, 1988, shall remain unchanged .
IN WITNESS WHEREOF, the parties have NI their hands and Nals this
_dayof __ .19_.
CITY OF ENGLEWOOD
By: -IIA-YOA----'nl,..,-om-e-s....,.J-.-Bums~
ATIEST :
CITY CLERK -IDucrishia A. Ellis
(SEAL)
ATIEST:~ Cvrtk .
o'SECRETAR'f"
(SEAL)
SOUTHGATE SANITATION DISTRICT,
ARAPAHOE AND DOUGLAS COUNTIES,
COLORADO
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(Legal Des(:ription)
The East% ofSlock 279,
South Denver Gardens,
County of Arapahoe,
State of Colorado
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COUNCIL COMMUNICATION
Date Agenda Item Subject
Ordinance Approving Two
Easements for Public Service
April 19, 1999 10 a i Company
Initiated By
Department of Public Works
I Staff Source
Rick Kahm, Acting Director of Public Works
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
No previous Council action taken .
RECOMMENDED ACTION
Staff seeks Council approval of a Bill for an Ordinance for two (2) easements to allow the Public
Service Company of Colorado to upgrade electrical lines at Romans Park.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
In 1974, the Public Service Company installed electrical lines through Romans Park, 1700 East Floyd
Avenue. The electrical lines are now scheduled to be upgraded. During the new design for upgrading,
it was discovered that easements had not been obtained for the initial Installation. Public Service
Company is applying for the easements at this time to correct the error that was made in 1974.
FINANCIAL IMPACT
None.
UST OF ATTACHMENTS
Proposed Ordinance
Easements
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ORDINANCE NO ._
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A BILL FOR
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COUNCIL BILL NO . 27
INTRODUCED BY COUNCIL
MEMBER~~~~~~-
AN ORDINANCE AUTHORIZING A GRANT OF TWO ELECTRICAL LINE
EASEMENTS BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND PUBLIC
SERVICE COMPANY OF COLORADO , LOCATED IN ROMANS PARK.
WHEREAS , in 1974 , the Public Service Company installed electrical lines through
Romana Park located at 1700 Eaat Floyd Avenue ; and
WHEREAS , these electrical lines now are scheduled to be upgraded by Public
Service ; and
WHEREAS , during the design for the upgrading of these electrical lines, it was
discovered that easements had not been obtained for the initial installation; and
WHEREAS , the Public Service Company has applied for two easements to correct
the error which was made in 1974; and
WHEREAS , with the pBBBage of this Ordinance two electrical line easements are
hereby granted to Public Service Company, one eight feet wide and the second 10 feet
wide, through Romana Park;
NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS :
Section 1. The Grant of two electrical line eaaementa to Public Service Company of
Colorado, by the City of Englewood , Colorado, attached hereto a• Exhibit 1, ia hereby
accepted and approved by the Englewood City Council .
$ectjon 2. The Mayor is authorized to eucute and the City Clerk to attest and eeal
the "Public Service Company of Colorado Eaaementa" for and on behalf of the City of
Englewood , Colorado .
Introduced, read in full, and passed on first reading on the 19th day of April, 1999.
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Published as a Bill for an Ordinance on the 23rd day of April. 1999.
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. read
in full, and passed on first reading on the 19'1' day of April. 1999.
Loucriehia A. Ellis
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Oivleion : SVA4R -~=~ Elovd AYSDYI / Soulh CflRln
llill
PUBUC SERVICE COMPANY OF COLORADO EASEMENlS
The undersignecl G<anior hereby ICkllCIWledges receipt or good and ·-conaidaration Imm PUBLIC
SERVICE~. OfiCOLORAOO (Company), 1225-17"'SlrHt. o.n-. Colorado, 110202-:i533, in conlidefatlgn of
which Grantt.{1 .... by grants unlo said Company, Its IUCC8llfllfl and 1111gns . non•aciu1Ne _, to
con511uct, opaae, n,a1n...,, repaor, and replace Ullllty liMs -al ftatllrn -devices, uoed a, useful in the
:::.:,-lines. th=gh. over. undef, -· and along a c:oune as said -may be -lier
TRACT OF LAND, • '
Commonly known a ROMANS PARK. J \
lilu-.linllle
K..l/!. o1 Section .. 1L Township 4 S-h • Range~ of Ille ...C.. Pnnclpal Meridian.
City of ENGLEWOQP . County of AftePAHOE Slal4' ot Color-. 1
The-being delalbedu ~:
SEE EXHIBITS ·A" AND •a• ATTACHED HERETO AND MADE A PART HEREOF.
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shortened • nec;NNty ID ~ a conbnuous _., or nat -llwl Ille -. Width at al poinla on
G1anlOl'1 propeny c:ro.leCI 11y the -CletCttbod -I!"° e,c1e11111ng ID Iha boundarin or adjMa,t \
propertiel. .
Together W1111 Iha right lo enter upon Hid premiua. IO aurwy, c:onllNCI. rnainlaln. operate. .... rwplace.
contrOI. and UM said ulJay llnH and relalad hllnl and-. and ID -ODjeCI& inleltlllng '*-•
.-,V Ille lrinffllng ol.,_ and~ and togalhs-Dia nghl IO .... IO much or Ille N10M19 .........
of G-dumg aurwytng, conltrudlon, rnalnleNlnc:e. repair. -.I. or ~ of Hid utllly INs and ,_eel fixlurn and -,en as mey De NqllllWd lo pam,,t Ille _..,., ol -udlly COMINcllon or ,_;,
machinery. The Gr.-....,,.. the righl ID uu and acc.,py Ille -lor any purpoaa conSdlenl wilh Ille ·
nghta and priv,legea •-gr.-and Which wil not ....,.... will or endanger ..., ol Ille said C-y'sj
•-• therein or UM 1Nf90f Sudl --by lie~ -on no ewnt onc:lude 11111 nglll lO erect or
QU$O to i. e<ected any IIUilcllng1 or -upon Ille _. granlad or lo lacala any rnollile llama or
Ir-unila -· In -of Ille~-,.,.,.-. an nglll. ~.and _ _. granal _ ......_.
The wor1t o1...-. and ,._-..ng Hid ..... and --lie --ca111 ; Dia 1U11Ke-. Ille
-11111 ber-.d ~ IOlllangonalllwellllll~.
5ignecs, .. , ________ or __________ ~,e
(Typo or print name bolow each algnawro line ..u, ofllclal lido It co,poralion, p;wtnorlhip. •"·):
ITAIIOl'COI.OMOO.
,ouo,ry OF ____ _
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GltANTOII : CITY OI' ENGLawooo
!:!°:.-:::' .:::-"' -................. ---___ ..., "-------" --... -
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EXHIBIT "A"
NOTE: THIS DRAWING JS MEANT TO DEPlCTTifE ATTACHED
LEGAL DESCIW"TION AND IS FOR INFOMATIONAL PURPOSES
ONLY . IT DOES NOT REPRESl!NT A MONUMENTED LAND
SURVEY .
, .
ll..AllmllCJK. SUBDllVllSlION 9{_
I ti t; 11 SCALE : I"= 100' ~ a:: ~ BLOCK l s .~LJ ;:; ~ "" ~ ~ C ~ ..,
10' 1~ EAST FWYD A VE.
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ROMANS IPAJRK
THE NIADUtS FILING 2 Anlldt te: ,SC. Doc ..... ••I I It
AN EASEMENT SITUATl!D IN THE SOUTIIEAST QUAIi.TEil OF SECTION ll. TOWNSHIP, SOUTH ,
RANGB 61 Wl!ST OF THE 6T1l PRINCIPAL MUIDIAN AND WllllJN ROMANS PARK. MORE
PARTICULARLY DESCRIBED AS FOLLOWS,
COMMENCINO AT TllE SOUTHWI;ST CORNER OF ILOCK 2 OF LAIUUCK SUIDIVISION AND THI!
INTERSECTION Of TIIE &AST LINli OF SOl1l1I GILPUI S11IEET AND THB NORTH LINE OF EAST
FLOYD AVBNUE ; llfENCE EAST ALONG THE NORTII LINE OF EAST FLOYD A VENUE /\ DISTANCE
OF 10 00 FEET: l1iEl'ICE SOU11t PARALLEL TO TIIE EAST LINE Of SOUTH GILPIN S11lEE1 A
DISTANCE OF 60.00 FEET TO TIIE POINT OF BEGINNING ON THE SOlfTH LINE OF EAST FLOYD
AVENUE . THENCE SOIJlll PARALLEL TO THE EAST LINE OF SOUTH GILPIN STREET A
DISTANCE OF 1.00 FEET: THENCE WEST PAlt.Al.LEL TO THE SOUTH LINE 01' EAST FLOYD A VENUE A
DlSTANCB OF 30.00 FEET : TIIENCE NORTH PAllALLEL TO THE EAST LINE OF SOUTII Gil.PIN STREET A
DISTANCE OF 1.00 FE.bi TO A POINT ON TIIE SOUTH LINE OF EAST FLOYD AVENUE. THENCE EAST
30.00 FEET TO THE POINT OF BEOINNINO,
COUNTY OF ARAPAHOE. STA're OP COLORADO .
STECK AND ASSOCIATES
P O.IOX 1161
IDAHO SPKINGS. CO. I0<'2
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NOTE : nus ORA WING IS Ml!ANT TO DEPICT THE A 1TACHED
LEO AL DESCRIPTION AND IS FOR INFOMA TIONAL PURPOSES
OHL Y. IT DOES NOT REPRESENT A MONUMENreO LAND
SURVEY .
ll.AlRruCK SUlBDMSllON
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'P.OC .---
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11
lo' WIIIC P:SCD ~T ---.I .__
11
11
11
11
111
'-.._ P.6.T.
, J THB MARKS PILING 2
EAST FLOYD A VE.
ROMANS PARK
f
.......... : ,_ __ No.1111ft
AN EASEMENT SlnlATED IN THE SOUTHEAST QUAllTEll OF SOCTION 3S, TOWNSHIP 4 SOUTH,
RANGE 61 WEST OF THE 6TH PlllNCIPAL MEllJDIAN, AND WITIIIN ROMANS PAllK, MOR.E
PARTICULAlll. V DESCRIBED AS FOLLOWS;
A 10.00 FOOT WIDE STRIP OF LAND LYING S.00 FEET ON EACH SIDE OF THE FOLLOWING
DESCRIBED CENTERLINE;
COMMENCING AT THE SOUTHWEST CORNER OF BLOCK 2 Of LARRICK SUBDIVISION AND THE
INTERSECTION OF Tim EAST UNE 1)F SOUTH GILPIN STREET AND THE NORTH LINE OF EAST
FLOYD AVENUE; 1"HENCE sourn PARALL[L TO nm EAST LINE OF SOUTH GILPIN STREET A
DISTANCE Of 60 00 FEET. THENCE WEST ALONG nu; SOUTII LINE OF EAST FLOYD AVENUE A
DISTANCE OF 12 .00 TO THE POINT OF BEGINNING; THENCE SOUTH AND PARALLEL TO THE
EAST LINE OF SOUTH <.ilLPIN STREET A DISTANCE OF ISO .GO FEET TO THE POINT OF TERMINUS,
SAID POINT BEING A POINT ON THI; SOUTH LINE Of ROMANS PARK .
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ORDINANCE NO ._
SERIES OF 1999
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BY AUTHORITY
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COUNCIL BILL NO. 19
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN ORDINANCE GRANTING A TEMPORARY CONSTRUCTION EASEMENT
BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND CENTENNIAL
WATER AND SANITATION DISTRICT FOR CONSTRUCTION ACTMTIES
REQUIRED FOR INSTALLATION OF UNDERGROUND AND ABOVEGROUND
UTILITY LINES TO SERVE A PORTION OF HIGHLANDS RANCH.
WHEREAS , Centennial Water and Sanitation District requested a standard 30-
foot wide easement to be used initially for installing a 12-inch sewer line to serve a
portion of Highlands Ranch , including a 40-acre parcel owned by the City of
Englewood: and
WHEREAS , the Englewood Water and Sewer Board recommended Council approval
of the Grant of Easement to Centennial Water and Sanitation Diatrict at their
February 9 , 1999 meeting; and
WHEREAS , the proposed easement would be used for a 12-inch sanitary sewer line
to go under C-470 and connect to an existing line constructed during the Highlands
Ranch Blvd . interchange, tie into the Dad Clark interceptor line and onto Centennial•s
Wastewater Treatment Plant;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO , AS FOLLOWS :
$ectjon l. The Grant of Easement between the City of Englewood, Colorado, and
Centennial Water and Sanitation Diatrict, attached hereto u Exhibit A, ia hereby
accepted and approved by the Enclewood City Council.
Section 2 . The Mayor ia authorized to execute and the City Clerk to atteat and seal
the Grant of Easement for and on behalf of the City of Englewood .
Introduced , read in full , and passed on firat readinc on the 5th day of April , 1999 .
Publis hed as a Bill for an Ordinance on the 9th day of April, 1999 .
Read by title and passed on final reading on the 19th day of April , 1999.
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Published by title as Ordinance No .~ Series of 1999, on the 23rd day of April,
1999.
Thomas J. Burns, Mayor
ATTEST:
Loucriahia A. Ellis, City Clerk
I, Loucriahia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify
that the above and foregoing is a true copy of the Ordinance paaaed on final reading
and publiahed by title as Ordinance No . ~ Series of 1999.
Loucriahia A. Ellis
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GRANT OF EASEMEN"T
CWSD Sewer Line Across Englewood Property On Highlands Ranch
NW Comer of Section 4, Township 6 South, Range 68 West, Douglas County
This Grant of Easement (this "Grant") is made this __ day of , 1999, by
CITY OF ENGLEWOOD, COLORADO, a Home Rule City existing under and by virtue of the
laws of the State of Colorado ("Grantor"), whose address is 3400 South Elati Street, Englewood,
Colorado 80110, to CENTENNIAL WATER AND SANITATION DISTRICT, a Colorado quasi-
municipal corporation ("Grantee"), whose address is 62 West Plaza Drive, Highlands Ranch,
Colorado 80126 .
The parties covenant and agree as follows:
I . Easement Propertv . The "Easement Property" shall mean the real property
located in the County of Douglas, State of Colorado , as depicted on the legal
descriptions attached hereto and incorporated by reference herein, which real
property is owned by Grantor.
2. Consideration. Grantor makes this Grant as a gift without consideration other
than the keeping by Grantee of the covenants and agreements herein contained .
3. Grant of Easement . Grantor hereby grants to Grantee, its successors and assigns ,
a non-exclusive easement (the "Easement") over, across , under, and through the
Easement Property for the purpose of constructing, operating, maintaining,
repairing, replacing , and removing the Line and Appurtenances, as hereinafter
defined .
4 . Line and Appurtenances. "Line and Appurtenances" shall mean one underground
sanitary sewer line together with the necessary aboveground appurtenances for the
Grantee's operation of said sanitary sewer line . Except to the extent necessary, the
Line and Appurtenances shall be constructed, kept, and maintained underground .
s. Restoration . Grantee agrees that after Grantee's construction, if .ipplicable, and
after any maintenance, repair, replacement, or removal of any of the Line and
Appurtenances , Grantee shall restore the surface of the Easement Property , as
nearly as reasonably possible , to the grade and condition it was in immediately
prior to said construction, maintenance , repair, replacement , or removal, except as
may be necessary to accommodate the Line and Appurtenances . Grantee also
agrees to restore and repair any paving , curb , gutter, and fences which are
damaged, modified or altered by Grantee during said construction , maintenance ,
repair , replacement , or removal. Grantee further agrees to replace any topsoil
removed from any areas on the Easement Property , to re-seed the disturbed area
so as to prevent erosion, to restore landscaping, as nearly as reasonably possible,
to its original condition, and to remove any excess earth resulting from said
construction. maintenance , repair, replacement , or removal, at Grantee's sole cost
and expense.
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6 . Retained Rights of Grantor. Grantor reserves the right of ownership, use, and
occupancy of the Easement Property insofar as said ownership, use, and
occupancy docs not impair the rights granted to Grantee in this Grant. Without
limiting the foregoing , it is understood and agreed by Grantee that installation of
util ity lines and appurtenances, pavement, shrubs, and other landscaping (except
trees), on, under, or through the Easement Property shall expressly be permitted.
Grantee's rights hereunder are non-exclusive and Grantor shall have full right and
authority to grant other easements or rights to use the Easement Property as will
not impair Grantee's rights under this Grant.
7. Grantor's Rights to Relocate. Grantor shall have the right to require Grantee to
relocate the Line and Appurtenances, at Grantee's sole cost and expense, provided
that Grantor shall grant or cause to be granted to Grantee casements for the
relocated Linc and Appurtenances reasonably similar in narure and scope to the
Easement herein granted. Grantee shall have 8 months from the grant and
acceptance of such easements to relocate its Line and Appunenances.
8 . Abandonment. In the event that Grantee shall abandon the rights granted to it
under this Grant, all right, title, and interest hereunder of Grantee shall cease and
terminate, and Grantor shall hold the Easement Property, as the same may then be,
free from the rights of Grantee so abandoned and shall own all of the Line and
Appurtenances of Grantee so abandoned. Failure to use the Line and
Appurtenances for a period of 5 years or more shall constitute evidence of
abandonment.
9 . Binding Effect. This Grant shall extend to and be binding upon the successors
and assigns of the respective parties hereto. The terms, covenants, agreements,
and conditions in this Grant shall be construed as covenants running with the land.
IN WITNESS WHEREOF, the parties hereto have executed this Grant of Easement the day
and year first above written.
ATTEST :
Loucrishia A . Ellis ,
City Clerk
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GRANTOR:
CITY OF ENGLEWOOD
Thomas J. Bums,
Mayor
GRANTEE :
CENTENNIAL WATER AND
SANITATION DISTRICT
~~ e: John Hendrick ,tl:::.i Manager
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State of Colorado )
)ss
County of ___ _.;
The foregoing instrument was acknowledged before me this __ day of
-------' 1999, by Thomas J. Burns as Mayor and Loucrishia A. Ellis as City Clerk for
City of Englewood.
Witness my band and official seal .
My Commission Expires : ______________ _
Notary Public
State of Colorado )
)ss
County of Douglas )
The foregoing instrument was acknowledged before me this /j+}, day of
/ll4~ ,,_, 1999, by John Hendrick as General Manager for Centennial Water and
Sanitation District, a Colorado quasi-municipal corporation.
Witness my band and official seal.
M y Commission Expires : _....:g.~---'1..,,.-_d7""""cJ_O_O_-r-'1a...' ----
L ~ ~
'i<fo~ Publ ic
62 West Plaza Dri ve
Highlands Ranch, Colorado 80126
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LEGAL DESCRIPTION
A 30 foot wide strip ofland located in the Northwest Quarter of Section 4, Township 6 South,
Range 68 West, of the Sixth Principal Meridian, County ofDouglas, State of Colorado, being
more particularly described as follows:
Commencing at the West Quarter comer of said Section 4; Thence North 86°04'33" East, a
distance of 957.36 feet, to a point on the Northerly line of a 60 foot wide Denver Water Board
Easement, recorded in Book 237 at Page 305, in the Office of the Douglas County Clerk and
Recorder, said point also be ing the True Point of Beginning;
Thence along the Centerline of said 30 foot wide strip of land, along the following four (4)
courses;
I.) North 32°15'15" West, a distance of25.09 feet;
2.) North 40°20'29" East, a distance of 383.00 feet;
3.) North 18°12'10" East, a distance of 424.00 feet;
4 .) North 03°25 ' 18" East, a distance of206. I 9 feet, to the Southwesterly Right-of-Way of
Colorado State Highway (C-470), recorded in Book 645 at Page 748, in the Office of the Douglas
County Clerk and Recorder, said point also being the Point of Terminus .
The Sidelines of said strip are to be shortened or extended so as not to create any gaps or
overlaps .
Said parcel contains 0.715 acres (31,148) square feet, more or less.
Bearings are based on said West line of the Southwest Quarter of said Section 4, being South
00°34'50" East.
~ate: .7 llft'f
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Proposed CWSD Sanitary Sewer Location
PA 85 Highlands Ranch, CO
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EXHIBIT'A'
1998 INFRASTRUCT\JRE PHASE 1V
0733.085.00
LINE
L1
L2
L3
L4
AREA CF 30 FOOT EASEMENT
• 0.715 ACRES
BEARING DISTANCE
N 3215'15" W 25.09'
N 40"20'29" E 383.00'
N 1812'10" E 424.00'
N 03"25'18" E 206.19 '
N 86"04'33" E
95 7.36 '
N 89'40'08" E
2663.35 ~ ~~I "'""' .;,."" ~~ ~ ~~Sjl ::Ai-/C,i ~<?;\.
;:' ..,..---w. UNE SW 1/4 SEC .4
..,,,.,.---SW CCR. SE C. 4
~-s 1 4COR. . 4
CENTENNIAL 'vi & S DISTRICT
SCALE : 1·-200'
SW COR, SE1 / 4,
NE1/4, SEC. 4,
T6S, R68W, 6TH P.M.
CALCU TD
POSITION
C1/4 SEC. 4,
•
rss.,, R68W~ 6TH P.M.
POc BK 1..,3, PG 4
N 89'45'01 " E
1314.32
N 9·45·01 " E
1313.87'
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ORDINANCE NO._
SERIES OF 1999
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BY AUTHORITY
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COUNCIL BILL NO . 26
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN EMERGENCY ORDINANCE AUTHORIZING THE VACATION OF RIGHT.OF·
WAY ALONG THE 500·800 BLOCKS OF WEST FLOYD AVENUE BY THE CITY OF
ENGLEWOOD, COLORADO .
WHEREAS, the City of Englewood received a request for vacation of the South 66
feet of the 500·800 blocks of West Floyd Avenue Right.Of. Way from the Englewood
Environmental Foundation; and
WHEREAS, this vacation request involves the south 66 feet of the West Floyd
Avenue Right.Of.Way between the South Elati Street and South Huron Street; and;
and
WHEREAS, this section of West Floyd Avenue has a total Right•Of•Way width of
96 feet ; and
WHEREAS , the request will place this portion of the vacated Right.Of.Way under
the control of the Englewood Environmental Foundation; and
WHEREAS, the vacation is necessary for the implementation of the Englewood
Town Center Planned Unit Development; and
WHEREAS a portion of the vacated Right·Of· Way will be developed as part of the
roadway system and will be under the maintenance control of the EEF; and
WHEREAS, the roadway will still be known as West Floyd Avenue ; and
WHEREAS, the PUD Design Standards and Guidelines specify a Type 5 road for
this section of West Floyd Avenue ; and
WHEREAS , the remaining northern portion of the Right·Of·Way will be rebuilt as
the access street for the residential neighborhood to the north; and
WHEREAS, the vacation of this portion of West Floyd Avenue will not impact the
transportation grid of Englewood ; and
WHEREAS, the 1979 Comprehensive Plan designates this area as a commercial
area ; and
WHEREAS, the Master Street Plan indicate• that West Floyd Avenue is a minor
collector street; and
WHEREAS, the Englewood Public Worka Department has reviewed the requeated
Right·Of·Way vacation and recommenda that an eaaement over the vacated portion of
Right.Of.Way muat be retained for any emtins and future utilitie1: and
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WHEREAS , the Englewood Utilities Department, has reviewed the requested
Right-Of-Way vacation and recommends a general utility easement shall be retained
which covers the vacated portion of Right-Of-Way: and
WHEREAS, the City of Englewood's Neighborhood and Business Development has
reviewed the requested Right-Of-Way vacation and recommends it be approved with
the following condition :
1 . A general utility easement shall be retained for the entire vacated portion of
Right-Of-Way.
WHEREAS , the Englewood Planning and Zoning Commission reviewed the vacation
of Right-Of-Way along the 500-800 block.a of West Floyd Avenue at their April 6, 1999
meeting and recommended approval by the City Council with the conditions listed
above ;
NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO , AS FOLLOWS :
Section 1. The Vacation of Right-Of-Way along the 500-800 block.a of West Floyd
Avenue is hereby approved by the Englewood City Council with the following condition:
1. A general utility easement shall be retained for the entire vacated portion of
Right-Of-Way .
Ses;tjon 2. Should the vacation of the Right-Of-Way not be ratified and approved as
an emergency the City of Englewood would be penalized as a reault of loaa of aales tax
revenues accruing to it. Accordingly , the City Council finds and determines that an
emergency exists and that passage of this Bill for Ordinance is necessary for the
immediate preservation of public property, health, peace and safety, and said Bill for
Ordinance shall be effective immediately upon final p8888ge.
Introduced, read in full , and passed on first reading as an emergency ordinance on
the 12th day of April, 1999 .
Published as a Emergency Bill for an Ordinance on the 16th day of April, 1999.
Read by title and passed on final reading as an Emergency Ordinance on the
19th day of April, 1999.
The above and foregoing is a true copy ofthe Emergency Ordinance paaaed on
final reading and
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Published in full ae Emergency Ordinance No . ~ Series of 1999, on the 23rd
day of April, 1999.
Thomae J . Burne, Mayor
ATIEST:
Loucriahia A. Ellie, City Clerk
I, Loucriahia A. Ellie, City Clerk of the City of Englewood, Colorado, hereby certify
that the above and foregoing is a true copy of the Emergency Ordinance pu.d on
final reading and published in full ae Emergency Ordinance No. ~ Series of 1999 .
Loucriahia A. Ellie
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COUNCIL COMMUNICATION
Date Agenda Item Sublect
April 19, 1999 10 Ci Rail-Volution Conference
Initiated By
Neighborhood and Business Development
I Staff Source
Mark Graham, Senior Planner
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
At the April 12, 1999 Study Session, Council discussed the September 2000 Rail-Volution Conference .
RECOIIMENDEDACTION
Staff recommends that Council adopt a motion supporting the 2000 Rail-Volution Conference .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Englewood staff has contacted the Denver host committee for the Rail-Volution 2000 conference about
using the 2000 conference as an opportunity to showcase Englewood CityCenter. The City of Denver,
the Colorado Department of Transportation, and the Regional Transportation District have bid to host
the sixth annual Rail-Volution transit conference in September 2000. The year 2000 conference
location will be selected within the next month .
Conferences can be opportunities for participating cities to solidify community support for transit and
transit-oriented development. This national conference will attract media attention that may have
beneficial affects on visits to Englewood CityCenter by broadening metro-area recognition of the retail
and entertainment opportunities available in Englewood. Englewood may see this conference as yet
another opportunity to celebrate completion of the transit-oriented development at CityCenter.
FINANCIAL IMPACT
Various levels of support could be considered. Co-sponsorships are estimated to cost $10,000. Other
k inds of support may also be desirable, such as: providing volunteer coordination, facilities for events ,
or printing .
UST OF ATTACHMENTS
None
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COUNCIL COMMUNICATION
Date Agenda Item Subject
MetroVision 2020
April 19, 1999 10 C ii
Initiated By
Neighborhood and Business Development
I Staff Source
Mark Graham, Senior Planner
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
At the April 12, 1999 Study Session, Council discussed the Denver Regional Council of Government
(DRCOG) MetroVision 2020 Plan.
RECOMMENDED ACTION
Staff recommends that Council adopt a resolution supporting DRCOG's MetroVision 2020 Plan .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
In March of 1997, the Board of Directors of the Denver Regional Council of Governments (DRCOG)
approved a strategic growth plan for the six-county metro-area. The Plan, which projects growth to the
year 2020, entitled MetroVision 2020, is intended to guide metro-area development with voluntary,
flexible strategies, as well as incentives, for member organizations to adopt policies consistent with the
regional vision.
The main incentive for supporting MetroVision 2020 is in the Transportation Improvement Program
(TIP). Cities in the metro-area submit transportation projects to DRCOG, which acts as a cl9aringhouse
for federal transportation funds. DRCOG evaluates and prioritizes transportation projects by assigning
points to projects that meet various criteria. Transportation projects eligible for federal funding typically
provide increased roadway capacity, improved safety, and often help achieve air quality goals.
DRCOG is providing bonus points for applications from Cities that declare their support for the policies
guiding urban growth in MetroVision 2020 .
POLICY: Approval of the Resolution indicates City of Englewood support for the proposed Urban
Growth Boundary (UGB) proposed in MetroVision 2020, which sets a target limit of 700 square miles of
land eligible for urban development through the year 2020. Approval of the Resolution also indicates
support for the Urban Centers element of MetroVision 2020. Urban Centers like Englewood CityCenter
have mixed land use projects that combine jobs and housing in development patterns that encourage
pedestrian activity . Another benefit of compact development is that it is better served by transit.
FINANCIAL IMPACT
Englewood receives federal funding for roadway projects like the South Broadway Project which
received federal design and construction funds this year. With Council support of MetroVision 2020,
Englewood's applications for federal transportation funding remain competitive .
LIST OF ATTACHMENTS
Resolution of Support
Memo from Mark Graham
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TO:
FROM:
DATE:
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}IE\IOR.\\Dl'll
City Council
Mark Graham, Senior Planner
April 19, 1999
SUBJECT: Previous Council Discussions of Metro Vision 2020
t•
MetroVision 2020 is a regional plan for the Denver metro area through the year 2020 .
Representatives to the Denver Regional Council of Governments (DRCOG) have developed the
plan over the past seven years. Staff that deals with transportation, land development, utilities,
open space and air quality have seen drafts of the plans at various DRCOG committee meetings
and in many other professional and technical meetings . Many council members have seen
presentations about Metro Vision 2020 as part of meetings on growth management, housing, and
transportation .
City Council has asked whether Englewood has ever taken official action on the MetroVision
2020 Plan . Staff reviewed Council minutes and resolutions and determined that there is no past
official action on the plan . There are several references to the plan in Council minutes . This
memo notes the date and context of those references .
• City Council references to MetroVision 2020 occur in Council minutes as far back as July
18 , 1994 . In a discussion about an interchange/intersection at LoweU Blvd./Knox Ct. on U.S.
285, a council member indicated that the interchange/intersection already appears on the
2020 plan .
• On May I, 1995 a council member indicated that they were planning to attend a DRCOG
workshop to discuss Metro Vision 2020 . Another council member commented at the May I
Council meeting that they attended the Governor's Regional Growth Conference and was
impressed with the presentation of the Metro Vision 2020 plan .
• On September 3, 1996, Council discussed setting a meeting for an update of the Metro Vision
2020 process for all council members who might want to attend . October I 01ti was selected
as a date when most members could attend.
• On February 18 , 1997, a council member noted that the Metro Mayors ' Caucus discussed
transportation, growth, and MetroVision 2020 issues at their annual spring retreat. It was
noted that a vote was expected on Metro Vision the following night. A reference was made to
a Denver Business Journal article on MetroVision 2020 that described language change
ne gotiations between cities like Thornton and Brighton .
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Memo to City Council
Metro Vision 2020
April 19, 1999
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• On March 17, 1997 a council member noted an upcoming meeting at DRCOG where they
anticipated reviewing the MetroVtsion 2020 plan.
• At the July 21, 1997 Council meeting, the mayor noted that the Metro Mayor's Caucus
agenda included big items, especially transportation issues, including Guide the Ride and the
Metro Vision 2020 plan.
• When Council discussed submitting the $2 million grant application to the Federal Highway
Administration with DRCOG as a partner, at the November 2, 1998 Council meeting,
Cinderella City redevelopment was discussed as a project that implements the MetroVision
2020 plan.
• At the February 1, 1999 Council meeting, the annual retreat of the Metro Mayor's Caucus
was discussed . The discussion included bow MetroV1Sion 2020 could best be implemented
with some consideration about whether legislation is required or if Inter-Governmental
Agreements be used?
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RESOLUTION NO ._
SERIES OF 1999
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A RESOLUTION SUPPORTING ''METRO VISION 2020" OF THE DENVER REGIONAL
COUNCIL OF GOVERNMENTS' PLAN .
WHEREAS , DRCOG , as a regional planning commission, has adopted Metro Vision 2020
as an advisory plan guiding regional growth ; and
WHEREAS , Englewood is represented at DRCOG on Transportation, Policy and Regional
Planning committees; and
WHEREAS, Englewood supports voluntary and flexible strategies guiding redevelopment
within the existing urbanized areas ; and
WHEREAS , establishing an urban growth boundary will help focus resource allocation
within the designated urbanized area; and
WHEREAS , the passage of thia Resolution indicates the City's support for the proposed
Urban Growth Boundary (UGB) proposed in Metro Vision 2020 which aets a target limit of
700 square miles of land eligible for urban development through the year 2020; and
WHEREAS , the passage of thia Resolution indicates support for the Urban Centers
element of Metro Vis ion 2020; and
WHEREAS, Urban Centera like Englewood CityCenter mixed land uae projects that
combine jobs and housing in development patterm that encourqe pedestrian activity with
another benefit of compact development ia that it ia better served by transit; and
WHEREAS, Englewood supports Urban Centers policies which favor compact development
patterns, mixed land uaes with joba~ houaing, supporting transit, and encour~
pedestrian activities for the ~m"CityCenter; • · ·
NOW , THEREFORE . BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO , THAT:
Sectjon 1. The City Council of the City of Englewood, Colorado , hereby supports the
"Metro Vision 2020" of the Denver Regional Council of Governments' Plan.
ADOPTED AN D APPROVED this 19th day of April , 1999 .
ATTEST : Thomu J . Burns, Mayor
Loucriahia A. Ellis , City Cle rk
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I, Loucriahia A. Ellis , City Clerk for the City of Englewood , Colorado, hereby certify the
above ia a true copy of Reaolution No .~ Series of 1999.
Loucriahia A. Ellis
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Date
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Initiated By
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COUNCIL COMMUNICATION
Agenda Item
10 C iii
Staff Source
Subject South Broadway
Action Plan Implementation -
Design Contracts
Neighborhood and Business Development Art Scibelli, Business Development Coordinator
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
In 1997. City Council adopted the South Broadway Action Plan by Resolution No. 51. Implementation
of the Plan has been on-going for the past two years. City Council has consistently expressed the
South Broadway redevelopment, particularly in a collaborative effort with South Broadway merchants.
as a primary City goal.
RECOMMENDED ACTION
Approve the design contracts for design and landscape assistance .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Two contracts are provided for approval . The first, with Cocallas & Hoskins, is related to design
assistance to businesses. The second contract, with Land Architects, is related to the "bigger picture"
corridor elements along South Broadway.
Site Design Assistance to Businesses in the South Broadway Corridor:
The Design Assistance program was initiated in the Summer of 1998 as a tool for South Broadway
corridor revitalization. Architectural assistance is provided to businesses on the corridor to plant the
seed for proposed improvements
After a concept design is completed, a budget is prepared and matching catalyst funds are proposed to
assist with project implementation . During this process, meetings are held at the field office between
NBD staff. architectural consultants, and South Broadway merchants to assure that the process is fully
representative of merchant input and understanding.
To date, the following projects have participated in the design and commercial catalyst program and
are currently involved with implementation activities:
• Broadway Sports Bar -3978 South Broadway
• Speer Uniform -4165 South Broadway
• Alpha Pawn -4155 South Broadway
• Englewood Methodist Church -3885 South Broadway
• Gateway Plaza -2815 South Broadway
• Harry's Auto -3247 South Broadway
• A & A Tradin' Post-4509 South Broadway
• Caesar's -4808 South Broadway
• Kumpf Lincoln -5000 South Broadway
This design assistance is provided by Cocallas Hoskins, Architects. The firm is retained by the City
through contract for this program .
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South Broadway Implementation in the Tufts to Mansfield Area
The Land Arch itect contract will provide design assistance in the Tufts to Mansfield eight-block area of
Broadway south of U .S . 285. The following activities are included in this contract:
• Development of construction drawings ;
• Undergrounding, staking and construction observation ;
• Ornamental ironwork construction observation;
• Transit/Bus shelter implementation assistance;
• Banner installation observation
• Individual business site design
It is important to note that fully 50"/o of the funding to finance these activities was acquired through a
grant from the Economic Development Administration, obtained by the Department of Neighborhood
and Business Development.
FINANCIAL IMPACT
Land Architects Contract:
Cocallas/Hoskins Architectural Contract:
EDA design/planning grant contribution
Total City contribution
UST OF ATTACHMENTS
Land Architects Design Contract
Cocallas/Hoskin Design Contract
$60,000
l!Q..29Q
$70,200
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$35,200
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January 11. 1999
Robert SimplOII. Director
Office o(Ncisfiborbood and Business Developmcm
City of Enaiewood
3400 Soutla Ellli SUWI
£nalewood. Colorado IO II 0-2300
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RA!: Propolll for A.ddilioaal South Broadway Conidor Architeaunl ScMces 3 0 1 2 ' 1 0 7 5 5
Dear Mr. Simpson;
Thlak you for the apponuniry to 111bmit llliJ proposal for U'dliuaunl Nl"Vicel woci,..
with the City or&,iewood's effon1 10 promote the reviwization of the Soulb Broadway
C orriclor u a vibnm and prosperous business district by improYing buiJdias and property
appcanlll:CI.
We will provide up to 16 hours of archilec:tural desip ser.ices to these propcny owners
whose propenies are located along the South Broadway Corridor and whose plam mNI
your desip criteria for a fixed fee ofSl,000.00 per property. Thac ~ices wil iDcludc a
preliminuy ,W,.WW or die owner's prosram, schedule, and Cl,)nsuuctioa budift
requiremenu . Altemaaive approaches to the desian and constn.M:tion or the project will be
r~ewed with the owner. We wm prepare preliminary 1Chemalic de,ip drawinp
illuJlratina the IQJe and rmtionship oC the buildilla c:omponenu. A preliminary Clliml1c
of constNCtion COit hued on ana, volume, or other unit cotls will be prepared .
Printing costs will be approximately S27S 00 per property Accordingly, we nicip1te dlll
the cost ofu:ese services and printing for eip properties will noc exceed $10,200 .00
We look forward to working with you and Lind Architects 111in . Thank you for your
consideration .
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~ E. Hoskin"-
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Accepted Date
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Request for Proposal for Construction
Documentation and Construct ion Observation
Services South Broaqway Corridor
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-Tufts to :Vlansfield Project Area and Spec ial Projects .
The City of En~ewood Office of
Neighborhood & Business De\·elopment
Attn: Mr. Art Sc ibelli
3400 S. Elati Street
Englewood , Colorado 80 11 0
January 27, 1999
Purpose
1..-~lac.
Z5l6 w. Mam Slnot.
Sailtm
Ullllla,. CO IDUII
PIIOD17Jt.rm
Fu CJISlm-1771
Land Architects , Inc . will prepare construction documents fo r bidding and impl ementation of
streetscape improvements alqng South Broad\\·ay from Tufts A,·enue to Mansfield for the city of
En glew ood . Upon completio n of construction ~ocumentat io n, Land Architect s will assist the
City in bid administration , and construction obser va tion servic es as well as assist in a limited role
the cooroination of the undergrounding and street light replacement project in conjunction with
City staff. In addition to the aforementioned tasks , Land .\rchitects \\ ill also assist the Cit y with
several special projects that will occur in conjunction ,vith South Broad way streetscape
improvements . These include transit stop placement and coordinati on. coord inati on of banner
design consultants, and contractor RFP ,_ as well as the coordinat io n and construction observation
of ironwork implementation .
Staff
Land ,\rchitects will assign Kenneth Puncerelli -Princ ipal. Thomas Kupcho· Associate. !'vfatt
Wilgenbusch · Designer, Kris Aoki -Des igner. and ~latt Schaffer -Desi gner. to the °"ork .
Other support personnel may participate from time to time for product ion purposes; ho\~e\·er.
these individ uals will be committed to the project. Ken and Tom w ill be the primary points of
contact for the duration of the project.
All elements of th e work will be performed unde i the direction of and in close collaboration with
cit y staff; and port ions of the community im·o!vement effort including the notification of the·
pu blic and business owners°" ill be supplemented by city staff.
Approach
Our approach will be to progress from the creative work and series of public work sessions
already completed in 199 7 and 1998 toward the preparation of construction documents, which
will include plans . details , and specifications . These plans will be re\"iewed by City staff at the
50% and 95% completion so that city staff and referral agencies ha,·e the opportunity to provide
timel y review and input during the process . It will be up to City staff to direct Land Architects
which departments and referral agency contacts will need to be copied with plans for review and
input. •
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Prior to this proposal, the City has employed the services of JR Engineering to provide field
survey information of utilities, topography, and right of way information of existing conditions.
This ;urvey information will be documented in an AutoCAD format, from which detailed
construction drawings will be prepared by Land Architects and others. JR Engineering will also
be retained for construction obse!'\·ation se!'\·ices as well as survey staking of streetlights and
pedestrian light fixtures .
Keesen Water Management Inc. will also be retained by our team to provide design and
consulting se!'\·ices pertaining to irrigation system design . Larry Keesen is one of the most
renowned irrigation consultants and authors in the Rocky Mountain Region. Land Architects has
worked with Keesen Water Management on numerous public park , trail, and landscape projects
in the past.
Land . .\rchitects will oversee the coordination and work progress of all subconsultants and will
work closely with the City's project manager and public works to periodically refine our work as
we proceed through the construction documentation process . Our focus will be to pre;:,are a
complete constrnction document package followed up with periodic construction observation and
coordination se!'\·ices. All plans and specifications will reflect our previous master planning
effort for Tufts to '.\!ansfield presented to City Council during July 1998 , as well as the goals of
both the South Broad\vay '.\lerchants and the South Broadway Action Plan.
Scope of Work
This work process is our suggestion on how to achieve the objecti\·es of the project. We
recognize that there could be new developments and new infonnation along the way that may
require -hi fting direction . For this reason. we anticipate a close relationship to the city"s project
manager so that our progress can be monitored and adjusted as often as needed . We further
recogn iz e the need for rapid progress in this effort and limited funding .
• S11ri-ey
Prepare basemap of existing conditions for Tufts to Mansfield along S . Broadway -by others
NIC
Review base infom1at ion for completeness w/Surveyors
Distribute & coordinate base survey information with electrical engineer to prepare lighting plan
• 50 % Co11structio11 Doc11111et1t Package
Demonstration Block(s) preliminary opinion of cost & opinion of cost for project area.
Spec ific:ition outline
Cover Sheet & Drawing Index
Demolit ion Plan (sidewalk & possible median island)
Streetscape Site Plan (overall plan w/detail labels)
layout & Dimension Plan (construction staking plan)
Lighting Plan -by others NIC (street & pedestrian lights placement)
Details Sheets (iron \\Or~. ITJsh. bollJrds. special p.iving, tr.1nsit ,tops. fumirure . b:i.nner fastening systems. tre~
grates, img.iuon coMeCllons & nuin line sizing, as well as other peninent infom1.111on )
Planting Plan (plant species, location, size, quantity, and installation procedures)
Irrigation Plan -Keesen Water Management Inc . (Sleeving Plan)
Lau d .fr /111ecrs . !11 c Ja1111ary 1 i. 1999
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• /st P/a11 Re,·iew
Submit plans & specifications to the City's Project Manager for distribution to referral agencies
Meeting with City Staff to coordinate details and possible refinements to plans.
• 95% Co11structio11 Document Package
Final Demonstration Block(s) selection with opinion of cost & opinion of cost for project area .
City will provide all General Conditions and any Special Conditions, & Land Architects shall
provide Technical Provisions Specifications
Cover Sheet & Drawing Index
Demolition Plan (sidewalk & possible median island)
Streetscape Site Plan (o,·erall plan w/detail labels)
Layout & Dimension Plan (construction staking plan)
Lighting Plan -by others (street & pedestrian lights placement)
Details Sheets (iron work, trash, bollards, special paving, transit stops, furniture, banner
fastening systems. tree grates, irrigation connections, as well as other pertinent information)
Planting Plan (plant species. location , size , quantity, and installation procedures)
Irrigation Plan -Keesen Water Management Inc .
• 111d Pla11 Re,·iew
Submit plans & specifications to the City 's project manager for distribution to referral agenc ies
Meeting with City Staff to coordinate details and possible refinements to plans .
• Prepare final refinements to plans, derails, & specifications for bid /eni11g
• Plan11ing Board
Present final plans or summary of work as directed by the City's Project Manager to Planning
Commission and City Council for approval
• Advertise project for bid
The City's project manager will coordinate with the City Clerk and Corporate Council to
property advertise the project area of Tufts to Mansfield along the South Broadway Corridor for
the bid letting of the construction of streetscape improvements as noted in the plans and
spec ifi cations . Land . .\rchitects will be available to assist the City 's Project Manager on an
hourl y bas is.
• Tufts to .lfa11sfield C11dergrou11di11g Constr11ctio11 Observation Services
JR Eng ineering will provide field personnel during construction activity of underground utilities
for approximately 60 days . Land Architects will provide periodic field personnel during
streetscape construction activity on an hourly basis .
• S1aki11g Street Ligi,rs
JR Engineering will pro,·ide field personnel to stake and grade light locations approximately four
lights per block with t\\ o offsets . Land Architects will be available on an hourly basis for a field
walk through with City staff, Public Service , and others on bchalfofthe City to review light
placement per plans and the relationship with field conditions.
la11d Arclwecrs, Inc Ja,rua,y 1 • J ')99
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• Tra11sit Stop Coordi11atio11 & Co11str11ction Observatio11
Land Architects will be available on an hourly basis for a field walk through with City staff,
Public Works , and others on behalf of the City to review transit stop placement, plans and the
relationship with field conditions.
• Individual Busi11ess Site Pla11s
Land Architects will prepare four (4) schematic plans for individual businesses along South
Broadway under the direction of the City's Project Manager. Land Architects will assemble base
information from the City 's Public Works Department and meet with the individual business
owners for up to one hour to discuss potential concepts and ideas for rehabilitation of their
properties prior to begiMing design work . Properties will be selected by the City 's Project
Manager.
• Ban11er Coordination and RFP A.ssista11ce
Land ,\rchitects will be available on an hourly basis for Coordination of Graphic Designers,
Public RFP assistance for streetscape banner manufacturers:contractors,'installers along South
Broadway under the direction of the City 's Project Manager.
• /ro11 Work Coordination & Co11structio11 Observation
Land Architects will be available on an hourly basis for a field walk through with City staff,
Public Service. Contractors and others on behalfofthe City to review iron work placement,
plans and the relationship with field cond itions .
Schedule
We propose to fit the selected process to a schedule with the City's Project Manager. We
understand that this effort is limited to roughly four to five months· duration .
Work Not Included
Architectural models
Professional renderings
Traffic , civil , structural , electrical , or mechanical engineering services
Geotechnical or testing
Surveys
Lighting Plans
Re vision s to pre\·iously-approved documents
Addit io nal meeting or construction observation/coordination time
Expenses
Expenses will be billed separately at cost plus a ten (10) percent fee for administration. Normal
reimbursable expenses : printing , long-distance telephone , mileage S0 .40 cents/mile, delivery
services , and photo reproduction . Proposed fees are indicated on the attached spreadsheet.
Billing
Fees will be im·oiced hourly . See attached fee schedules for hourly rates of Land Architects,
Keesen Water '.\lanagement , and JR Engineering .
land frcl11u.·crs f11c January 17. /999
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Fee Spread Sheet und Architect Hours
Principal Associate Designer Keesen JR Eng ineer Total Extras
Hours
1 • Survey
Review Base Information 4 4 0 0 0 8
w/Surveyor
D istribute & Coordinate
w/Lig hting
Engineer 6 6 0 0 0 12 Hourly ..
2 • 50•1. Construction
Documents
Specificatio ns Outlin e 1 16 4 0 0 21
Demolition Plan 2 20 40 0 0 62
Streetscape Site Plan & Layout 2 16 40 0 0 58
Pla n
Deta ils Sheets 4 16 So 0 0 76
Irrigation Plan 1 1 0 30 0 32
P la nting P lan 2 8 24 0 0 34
Op in ion of Cost 2 1 16 0 0 19
3 • 1st Plan Review & Meetings 3 3 0 2 0 8 Hourly
4 · 95% Construction
Documents
Specificat ions Technical 4 16 32 4 0 56 Hourly
P ro v ision s
Demoli tion Pla n 2 4 4 0 0 10
Streetscape Site Plan & Layout 2 8 12 0 0 22
P lan
Deta il s Sheets 4 8 12 0 0 24
Irrigation Plan 2 2 2 28 0 34
Planting P lan 2 2 16 0 0 20
Fin al Op inion of Cost 1 1 4 0 0 6
5 • 2nd Plan Review & 3 3 0 2 0 8 Hourly
Meetings
6 • F inal Plan Refinements 2 6 6 0 15 Hourly
7 • Plann i ng Board 2 0 0 0 0 2 Hourly
8 • Bid Administration 4 4 0 0 0 8 Hourly
9 • Tufts/Mansfield 4 20 0 0 200 224 Hourly
Underground ,,,
Construction Observation
10 • Staking of Light Fixtures 4 4 0 0 100 108 Hourly • •
11 • Transit Stop Coordination 0 74 0 0 0 74 Hourly
Construction Observation
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land Arcl11 t<'CIS. Inc Janua,,-J7, /1199
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Fee Spread Sheet Land Archit9ct Hours
Principal Associate Designer Keesen JR Engineer Total Extras
Hours
12 • Individual Business Site
Plans
Schematic Site Plans 2 70 0 0 0 70
Meeting Time w/Client & 0 4 4 Hourly
Business Owner
13 • Banner RFP & 18 .5 0 0 0 18 .5 Hourly
Coordination ..
1"-Iron Work Coordination & 40 92 .5 40 0 0 172 .5 Hourly
Construction Observation
Land Architects Hourly Rates $65 $54 $35
Total Hours 105 424 308 72 300 1209
Total Proposal FH $6,825 $22,896 $10,780 $4,500 $15,000 $60,00·
Note fees are limited to the
hourly meeting time and/or
construction observation time
budgeted. Should additional
meetings or
construction observation time be
required, time will be invoiced at
standard hourly rates provided.
Payment
Payment is due within thirty days of receipt of approved invoices .
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Fi-CM : LOP!KO PHONE NO. Ap r. 15 1999 08:s,;.:.,~ ?2
Terms and Conditions
LIMITATION OF LIABILITY
It is understood that any and all professional liabilities incurred by LA throughout the
course of rendering professional services on this ;,roject shall be limited to a maximum
of the net fee received by LA, not inc:tuding lltimbursable expenses and sub-cansultants.
for all services rendered on the project. Certificates of general liability insurance. as wel
as errors and omissionS insurance are available upon request.
CREDIT
My wcrx which is published or exhibited snal give appropriate credit to LA on all
reproduc-.:ons .
ADDITIONAL SERVICES
Should lldditlol ial wcrx or revisions be required beyond lhe scope of this Agreement.
notification will be given for further fee authorization.
OWNERSHIP
Drawings. s.,ecifieations . and Reports prepared by LA are . and shall remain, the
property of The City of Englewood whether the project is oecuted or not. LA shal be
permitted to retain copies of said Drawings , Spedflc:alions. and Repcns including
reproducible c:opieS. for ilfolmation and reference in connection with the Client's use on
this project
DISP\1TES
In the event of ary dispute an.ing under the terms of the Agreement. or in the event of
nonpayment and the matter is tumed over to an aUcmey for collection. the party
prevailing in such dispute or action shall be entitled. in addition 10 olher damages d
costs . to receive l'NSOl'lllble anaineys' fees and court COS1S from the other party . Fees
snail be awarded and paid whettw such dispute is Nttled thnx,gh litigation. •t>ibalion,
or through amicable settlement.
In the event of any dispute. LA wil retain al drawings until the dispute is resolved.
EXPIRATION
The fees as set forth in the agrMrnent shall be in effect for a period of ninety days from
the date at this Agreement
TERMINATION
This Agreement may be terminated without c.tUH by either party by written nobce from
one par1)' 10 the other at ieast sever, (7) days prior lo ~-Upon 1ermi11ation,
payment will be made to LA for all services perfol n .a and rei~ expenses up to
the dare of lhe termination.
AUTHORIZATION
LA is prepared to ccmmet a wvic:n immediataly upon l'9Ceipt of authorization ID
proceed Pleue verify acceptanc:9 of this proposal by executing ttie A'Jf •nwnl for
Prtifessional Services and returning 1D LA Receipt of the retainer a specified in the
Agreement •• also reqUd'ed .
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BETWEEN:
AND:
FDR:
FEE :
RETAINER:
RATES :
ADDITIONAL
SERVICES OR
MODIFICATIONS :
TERMS AND
CONDITIONS :
ACCEPTED :
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Agreement for Professional Services
January 27. 1999
The City of Englewood · Office of Neighborhood & Business Development
LAND ARCHITECTS, INC. {CONSULTANT)
Construction Documentation and Construction Observation Services South
Broadway Corridor -Tufts to Mansfield · ENGLEWOOD. COLORADO
$60 ,001.00 · plus additional hourly tasks as authorized
0.00
Hourly rates for LA profess ional personnel :
Pr inc ipal
Associates
Planners /Des igners
Graphics/Technical/Typists
$65
$54
$35-45
$25
All other project -related expenses are in addition to the above fees and are
charged at cost plus ten {10%) percent.
If additional services or a modification of the original
Scope of Services occurs , as is authorized or confirmed
by The City of Englewood , a supplemental agreement wiD be
executed between The City of Englewood and Land Architects, Inc .
As outlined in the attached proposal.
Robert Simpson , Director · Office of Ne ighborhood & Business Development Date
On Behalf of The City of Englewood
Kenneth Puncertl. Principal
LAND ARCHITECTS. INC .
lar,d Arcl111«ts. /r,c .
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January 17. /999
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Keesen Water Management, Inc.
Fee Schedule
Includes design guidelines, master planning, irrigation design, design review,
construction documents, specification writing, and cost estimates.
Principal
Senior Irrigation Designer
Irrigation designer
Construction Observation
Word processing -Clerical
S 85 .00 per hour
60.00 per hour
55 .00 per hour
60. 00 per hour
35 .00 per hour
Reimbursable expenses at cost: Reproduction, CAO plotting and express mail.
Terms : Accounts will be billed monthly and are due 30 days from date of invoice .
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DENVEROfflCE
Rate Sehedule
TITLE HOURLY RATE
Director of Operations
Division \tanager
Se!'lior Project \tanager
Project :Vt:i.n.ager
Senior Project Enginee:-.'Senior Project Designer:Se!'!ior ?:-eject Surveyor
Project Engineer.'Project Designer/ Project Surveyor
Design E!'lg ineer WDesigner WSurveyor II
Design Eng ineer L'Designer VSurveyor I
Eng inee:-ing Assistant / Technician / Surveyor Assistant
AdministratiYe / Clerical
F ield Crew c: Person)
F ield Crew (3 Person)
DIRECT EXPE'.\'.SES
GPS Equipment (Each)
Mileage
Cop y (8 '.I:" x 11 ")
Print (24 " x 36 '')
Vellum (:4 .. x 36'")
Mylar Sepia (:,r• x 36'")
Effective 111/99
S 9-+
S 88
s s:
S 76
S 70
S 66
S 60
S 5-+
S 48
S 36
SIOO
S140
$25/hour
S0 .40/mile
S0 .15 /copy
S 1.50/sheet
$6 .00/sheet
Sl2.00/sheet
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COUNCIL COMMUNICATION
Date Agenda Hem Subject
Support Letter, Metro Cities
Coalition Brownfields Cleanup
April 19, 1999 10 C iv Revolving Loan Fund
Initiated By Staff Source
Art Scibelli, B1:.1siness Development Coordinator
Neighborhood and Business Development Darren Hollingsworth , Business Development
Specialist
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
In 1997, Council supported the application for Federal Environmental Protection Agencies (EPA)
Brownfields Revolving Loan Fund Assessment funding . The purpose of the Assessment funds was to
study, assess, and analyze the nature of underground contaminants/pollutants at Brownfields sites via
a Phase 2 or Phase 3 study .
Up until this time , assessment was the only assistance provided by the EPA. Now, the EPA has
developed a loan fund that can be used to actually clean up contaminated brownfields sites.
RECOMMENDED ACTION ./f~
Approve support letter for Metro Cities Coalition Brownfields Cleanup Revolving Loan Fund.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The City of Englewood has marketed the initial assessment/study Revolving Loan Funds to industrial
and commercial property owners throughout the City . Response to date has been minimal.
It is hoped that the new EPA Brownfields Cleanup Revolving Loan Fund will provide a greater impetus
for industrial property owners to participate in the dual programs -both assessment and follow-up
cleanup .
Staff believes it is advantageous for the City to have this redevelopment tool available for use by
property owners needing funds for removal , mitigation and prevention of the release of hazardous
substances , pollutants or contaminants into the environment.
The problem is that it is a federal program. This particular program has extremely intensive
administrative requirements . The other cities in the metro area that are eligible to apply for the cleanup
funds also recognized the potential benefits of this cleanup program . However, the administrative
issues are too burdensome for any one of the cities to take on individually.
The eligible cities are listed below. Only those cities that initially applied for assessment funds are
eligible to apply for the cleanup funds .
. City of Denver
• City of Lakewood . City of Commerce City . City of Loveland . City of Englewood
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Representatives from each of these cities recently met to discuss the formation of a coalition so that a
joint application can be submitted to EPA. The program would be administered by the Colorado
Housing and Finance Administration (CHFA). CHFA has agreed to do the administration of the pooled
funds for an administrative fee, which will come directly from the EPA funds. Each of the cities is
eligible to receive $500,000 in EPA revolving loan fund cleanup funds for use by private entities within
its jurisdiction . Public entities are prohibited from applying for the funds.
It is important to note that the EPA Brownfields program at the national level is still in its early stages of
development. As the attached article indicates, changes related to property owner liability and
responsibility are needed at both the state and federal levels of govemment in order for this program to
gain the level of active participation that is needed to make it truly successful.
The Council is under no obligation to participate in the coalition at this time . Staff, however, is
recommending the City's participation in this coalition amongst metro area cities. An application for the
cleanup revolving loan funds would be formally submitted by the Colorado Housing and Finance
Authority for the cities of Denver, Lakewood, Commerce City, Loveland, and Englewood. The coalition
significantly reduces the administrative burden while providing an additional tool in the City's overall
redevelopment efforts.
FINANCIAL IMPACT
There is no direct financial impact to the City. This program will be administered by the Colorado
Housing and Finance Authority at no direct cost to the City. The City of Englewood will have $500,000
in Brownfield& Cleanup Revolving Loan Fund available if the coalition application is successful. (Each
of the other four cities will also have $500,000 available for a total pool of $2.5 million.
UST OF ATTACHMENTS
City of Denver -Letter of Support
City of Lakewood -Letter of Support
City of Loveland -Letter of Support
Article "The Brownfield Logjam·
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April 20 , 1999
Mr. David Ostrander
Brownfields Coordinator
EPA Region 8
999 111'" Street -Suite SOO
Denver, CO 80202-240S
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Re: Joim Application for Brownfields Cleanup Revolving Loan FUDd (BCRLF)
Dear Mr. Ostrander:
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The City of Englewood suppons the submittal of a joim Brownfields Economic Developmem Initiative application
on Englewood's behalf by the Colorado Housing and Finance AUlhority (CHFA). Englewood, together with
Denver, Commerce City, Lakewood, and Loveland, is very imerested in pooling pocemial brownfields funds in a
revolving loan fund pool managed by the CHFA. This fund will provide the opportunity for each of the eligible
jurisdictions to offer Brownfields Cleamlp Revolving Loan Funds to eligible private applicana. Each city will be
allocated $500,000 for Brownfields cleanup activities.
Through the coalition and with the with the usisWlce of the Enviroamelllal PrOleCtioa AFf!CY and the SI.-of
Colorado. success can be realized in redeveloping enviJ'onmaully impaaed sites --sites thal are often precluded
from coovemional commercial fimncing.
It is our belief that pooling of BCRLF funds will allow each jurildictioo more flexibility in the cleanup proceu,
thereby having a puier impact oo redevelopmenl projects in the metro area . In addition, administtatM burdens
will be lessened for each entity by centtalizing this function within CHFA.
The City of Englewood suppons this collaborative effort amongst mettopolitaa area cities. The City of
Englewood looks forward to the successful implemenwion of this innovalive program .
Sincerely ,
Thomas J . Burns
Mayor
f'\dqltvibdlpouplbriNeacr to chfa tiom bums.doc •· •
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Ctff AND C()UNTYJun.DING• D£NVD.,COLOUl>O• l0l02
March 22, 1999
Mr . David Ostrander
Brownfields Coordiaator
E.P A Region 8
999 1 s• Street, Suite SOO
Denver, CO 80202-2405
AaEAC0DEJ03640-Z721
..,_17JD (Vm>D)
Re: Joint Application for Biownfields Clcaaap Re¥olvial Loan Fland (BCKl.f}
Dear Mr. Ostrander:
The City and County of Denver suppons me submittal oC a joint BCRLF .pplicarion on Dcnvcr'i
bcbalfby the Colorado Houma and Finlllce ~uthority {CHF A). Denver, toactbcr with
Commerce Ciiy, Englewood, Lakewood. and Loveland. ii very inl&mted in poolin& potential
brownfidds flmds in a revolving loan fimd pool managed by the CHF /.. Tlm r1&lld will allow
each ofrhc elipblc jurisdictions to undertake cleamip projects in excess ofSS00,000.
Cleanina up brownfields pn,jecu is• impocUDI element o!I>en,,..'s arai:qy to revitalize ill
illlicr-city neipborboods. Dcnv• ha& a vlliety or resources to assist OWDffl 111d dlwlopers or
brownfidds sites in the n,developmeDt ,._.., we the cleanup of coaWPinMds bu been
completed . We feel thal our joint eft'ort to pool BOLF funds will allow eachjurisdi~o" more
Rai'bility in the cleanup process, tbereby having a pater impad oa rcdeveloplllml projects in
the metro area.
Please let mt Jcnow if you need my additional in!otmalion reprdiDs CJIFA.'s submittal ohjoinl
BCRLF application.
TOT~ P.94
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March 24, 1999
Enviroam~I Protection Agency
RcgionVIJJ
999 1 a• Street
Denver, CO 80202-2466
.l\.ttcnlion: Mr . David OsuwuJer
Dev Mr. Ostrander:
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CITY OF LOVELAND
OFFICE OF THE MAYOR
COIie Ccn1c, • 500 !:ut n,;,c, • LOllel.1"1!, ~ I0537
(970) 162·2303 • FAX {170) 1162°2900 • TOO (170) 162·2'20
Loveland has joined the coalition of five cities in Colorado ~ong with the Colorado
Deparunc:nt of Health and J!ovironmc:nt to organize the Colorado Brownfields Clunup
Rcvolvin!! T..o:an Fund (the F\lnd). You reccnrty received 111 application from this Fund,
applying for monie5 to bo used along the front r~se oCColor.ido to assist in lhc
voluntasy cleanul' of abandoned, idled and/or undcrutiliiec1 industrial and commercial
sites that do or may contain environmental conramioalion. I support this joint effort to
not only make our individiaal commaaoities more livable. but this entire area.
l>ue to lbc difficulty of obtaininl commc:rcial financ:iq to help in lbc raovalion and
reuse of these sites, polcnlial coatanainllion 1112y 10 undiscovered aad unaddn:aed for
long periods of time . I believe lbat throlllh dlis coalition, witb the usistancc of the EPA
in approvinc thu applicabon. we un make balhtay in our effons lO not oaly clean up
our eaviJonment. b11t Ibo radevelop hCJCIOfore undesirable sites. These sites can be
productive again. providinc employment opportunities that are often in or near our core
cities, and in some cases providiq for needed clevelopnicnt wilhout hlvin& to expllld OD
to undeveloped land :
1 believe that only tluoup these types of ecrorts will we have a chance of successfully
address these cleanup needs. particularly oca these 5ites . Thank you for yc,ur
consideration oftbis request .
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March 23, 1999
OaYid Ostrander
lrownfielch Coordinator
EPA legion 8 (EPl.sA)
999 19th Street, Suite 510
Denwr, Colorado 80222°2"6
Dear Mr. Ostrander,
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City ............
OIRCI Of 1NI MAT• ............
"5~--,.._,
~ ~ 11226.3116
VITDO, _,..,.71MO
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As you may be awaN, the city ol I abwood has partnerN wilh a IIUlllbe, of other cities
and counties in lhe metro area lo faftll a Colorado lrownfields 1--'ving loon Fund.
The focvs of this fund or coalilion will be lo leverage EPA grant funds for the purpose
of environmental cleanups in the Denwr metro area.
The city of lakewood IUppOltl this effort induding having the Colorado Housing and
Finance Authority (OiFA) admlnl•r the loan program.
The city of I ah wood loob r..rward lo o suc:c.saful ilnple,w,llllian of 11111 pt09Nlffl.
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GAJtYLI..ENzis
worldwuk '"4"4ging
partntr of rlu Jw,/
Estart and Ho,pitaliry
Sm-ius Group at
Arthur ,~ndmtrt UP.
LD, -~ngt /n, C.,lifarni4.
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The Brownfields Logjam
Two congressional actions could spur brownfields cleanup and
redevelopment in 1999.
Brownfidds red<velopmmt result in well-known
benefits: urban regeneration, th, creation of jobs
and tax revenues, higher property values, r<·
duced sprawl, a ci,aner and healthier environ·
ment. Y<t, only a relative handful of the esti·
mated -I00.000 U.S. brownfields sites have been red<V<loped
for higher and bffler uses .
Th• pace of brownfields red,v,lopment has b«n
painfully slow because developers and investon arc reluc -
Platt, vice presidmt and counsel at tilt :-.lational Rc.Jty Com-
mittee. Y<t, despite this support, reform efforts ha '< failed
to hurdl< procedural roadblocks . Th• tactical d<cision by
k<y lawmak<rs to includ< brownfidds reform as part of
broader Superfund legislation has had th• un in t,nded ,f.
feet of pm,r.,ting its mactmmt in the past thrtt Congresses.
There also is the problem of jurisdiction . The states find
themselves on one side of th• brownfields fence on a num-
ber of critical issues, while f,deral poli cy maim, and ag<n·
cics (particular!,· th• EP.-.) arc on the other sid r . States want
to e,q,and their suc=sful incentiv,-bas<d voluntary de:inup
programs. but that means they must be able to offe r brown-
fields own,~ arid potential buyen and reme dia un a final
re !eas< from both state and federal !iJ bility on <.< d <anup
has bee:i corr:p l<ted . Th• EPA is concern<d abou t th• fun .
ited cleanup IO\·•ls approv,d by the states, an d n does not
want to cede :ts authority and powen of enfo rcem ent.
So , what is the next step ? What co ngress ional actions
will spur bro-..-n fields cleanups and red,v,lopment? Two
·on1·ap11••r to b, <ssential during this yea r.
~):6ngms should amend th• Superfund law to pro·
-!<Ct. purchas= of brownfidds from unwamnted liabilj.rv.
Tlus -,=<gislation also n«ds to prot<Ct purcJu.sro ri~
who know about contamination: othm-ise. d<velor:n and
invcston wi!Cnot ;,ur,l:w< brownfi<lds for ck:inup .illld=.
Th, la,.; should idmtifv specific standards for cleanue, so that
purchasr.s will know <X3C!lv what thev must de>-and can
tant to b<com• involved in a nightmarish and costly w~· t :h, cost will b<-to gain · bilit)· protrction.
of ne,.n-mding liability under th, currmt fed,ral and su ~;>_nd) ongress should amend th• Supcrfund law to
Sup<:fund and cleanup regulations. stat< ,-oluntary clanup programs by allowin5 states
Th• govmunent is working to resolve som• of thes< con· to provide a final rslGK fmm !RSC and fsdrul liabilitv whm
=ns. On th• all-important federal levd. for mmple, provi· low-risk sitp bw 'rm skaos4 5'· This amendment shoul ·
sions in w 1997 Ta.-q,ayer Relief Act allow remediation COSIS provide sufficie:,t incentives for owners and d<velopers tc•
in targeted brownfidds within limited areas to be fully de -work with thes< cleanup programs-. -
ducted in tilt ynr that thq were incurred until 2000. Many This finality provision. notes th• National Realty Com·
sut<s are issuing "Covmants Not to Sue" (CNTS ), which pro-mi nee , should b< truly final . It should not be riddled wi th
tect property ownm md lmdm against liability for future a multirudr of e,ccrptions under wh ich th• E!-. ma~ we
mvironmmtal problems on mnediared brown6dds. mforcemrnt action, or it could be meaningless.
linfortunatdy. thes< rec<nt mea.sum do not go far Congressional masum supporting brownfi elds rcme -
enough to mcourag< d<velop•rs. invators. and lmdm to cliation and ~-dopmmt also should b< push<d. The Tax·
fU.'"SUe grrater numben of brownlields reckvdopmmt payer Rrlief Act of 1997, for am,ple, should allow fi ·''.
projects. Wbil• states and local govnnmmts arc becoming cleanup costs for all loation5-not just currently targ<ts J
more and more proactive in brownfields cleanups. a criti-oncs-lO b< fully deductible; this provisio n should become
cal logjam exists on the federal l<vel a prrmanmt-not t<mpomy-pTO\ision of the w. code.
~forms to mcoun.ge brownlields r<d<V<lopmmt ~ Congress should clarify fedrral w poli cy to ens ure th at
considerable bipartisan support in Congress, says Roger danup cosu for crrtain haurdous mat<rials, likr ubestos.
Ur II a• La• 411 Januaryl999
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COUNCIL COMMUNICATION
g
Date Agenda Item Subject
April 19, 1999 10 CV Purchase of Skid Steer Loader
Initiated By Staff Source
Jerrell Black, Director of Parks and Recreation
Department of Parks and Recreation Dave Lee, Manager of Open Space
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council has previously approved equipment, for use by the Parks Department, as part of the normal
fleet rotation under the Five Year Capital Plan .
RECOMMENDED ACTION
Staff recommends City Council award, by motion, a contract to White Star Machinery, the low bidder,
to purchase a Bobcat n3 F skid steer loader with accessories.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Parks Department currently owns a 1962 Bobcat skid steer loader. The Bobcat was overhauled
approximately 12 years ago; however, it is now in need of replacement. In addition to the skid steer
loader, the following accessory attachments were placed into the bid to enhance the versatility of the
machine: trailer , pallet forks, posthole auger and sweeper.
In addition, White Star Machinery offers an Annual Municipality Trade-in Program . The program allows
the City to exchange our skid steer loader for a brand new skid steer loader on an annual basis free of
charge or at minimal cost.
FINANCIALIMPACT
Funds are available in the 1999 Five Year C&pital Plan fl)r the purchase of the skid steer loader. The
total cost for the skid steer loader and all accessories is $23,031 .00
UST OF ATTACHMENTS
Bid Proposal Tabulation
Bid Proposal
Memorandums (2)
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City of Englewood Bid Tabulation Sheet
Bid Opening Date: February 26, 199910:00 a.m.
Bid Item: Skid Steer Loader
Vendor
Ellen Equipment Corp
Att: Shan• Covell/
18000 East 22nd Ave,
Auron,, Co. B0011
Universal Tractor Co
Att: John Thompson
815 Wadsworth Blvd.
Denver, Co. 80215
Whit• Star Machinery
Att: lllc"-1 Ford
7000 East 51th Ave.
Commerce City, Co. B0022
Potestio Bros. Equipment
Att:
19020 Longa Way
Par#cer, Co. 80134
N/R "' NO RESPONSE
Skid Steer
Loader
N/R
$18,896.00
$16,096.00
N/R
Manuals Aceaonn Total
NIR
$141 .00 Sl.812.00 $21,141.00
$60.00 $1,875.00 123,031.00
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THE COMMENT IN THE EXCEPTION FROM WHITE IT AR
IS BEING EXPLAINED IN THE ATTACHED FAX. NO
TECHNICAL INFO FROM UNIVERSAL.
Pagel
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NONE
NO TECHNICAL INFORIIA TlON INCLUDED
NONE
TECHNICAL INFORIIA TlON INCLUDED
Sllld ... Loedlr
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TRAILER
DESCRI?TION
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BID i?ROPOSAL
SKID STEER LOADER
!mEL 2Pl'6M
ESTIMATED
QUANTITY
Skid Steer Loader 1
Parts;Manual. l
Shop Service Manual l
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$2,559.00
BID PRICE
$ 16,096.•)0
$ 25.00 ----
$ 35.00 ·
$ 18,715.00 I
Est.~mated date of delivery 6 weeks fran ~Purchase Order.
*li1cJ•:dee ~ '"Ho c.ost• mmiclpaliey;J:ilaJe·.:in-4---_===. ...... ---{!iii: l!':al
ALL HA"rEaI.AL F . 0. B . CI:TY OF ENGLENOOD
2800 South Platta Ri.ver Drive
Eng1ewood, CO 80110
INVOICING TERMS Net 30
FR!C:: QUOTE FIRM FOR 90
E:<c ::P7 IONS:
Michael Ford
CO~P.:..N·{
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7000 E. 56th Avenue, Camlerce City
~.ccR::ss
303 288-6603 (,1., -~,.,~
T:::'...EP:-!CNE
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CD 80022
DATE
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WHITEt~STAR
Machinery & Supply
City of Englewood
Betty Goosman
Buyerm
Dear Ms . Goosman :
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March l, 1999
Wltite Star l\llachinery wishes to amend Price Quote Firm ~E.'<ceptions". White Star dcleies the
words, ~only price change would come with manufacturer price change" the quote is good for 90 day</;
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Sincerelv , /
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'.\li chael Ford
-,, ~
7 000 E.56 AVENUE
318 4 HALL AVENUE
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COMMERCE CITY CO 80022
GRAND JUNCTION CO 81504
• 303-288-6603
• 970-434-0647
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nus Progr.,m ts subject 10 clungc or cam:cllatiOA..3t any time.
This :igr=cnt e.q>ires 12 months from equipment date of p~.
T cnn.s :mJ Conditions: The m:achine c.:umot be :my okt.:r th:m OM ye:ir from tho: purchase date. The exch:mae is to
lal;e place :ifter tho: 11th month bu! no l3tcr than I ye:ir from the d3!c of purdme and before tbe Slmld:lrd ~ :,at
1>=nty expires. The exch:inge may uke place only 011Ce in a 12 monlh period. The unit must be in good ruzmin&
condi11cn \\1th 311 instruments md lights in worlcing order. The customer is responstl>lc for all ,cn;c:es 3l1J
lubnc.wcn requir.:d UDd,:r warr.incy md for repair IO any d=ges illl:urnd.
Customo=r is to ret:lin tho: tire :ind wheel assc:mblics :md the bucket olf the trade machine . White Star is IO tetaiD Ille
lire md 1>1leel :is=nbiies otT the new~-If the tr.Ide-in is mum,,d with 400 or less boun, there is no cbmgc
for the e.,;~ A r:11e of $7.00 per hour ... ;11 3PPly to all m:ichinc hours above 400.
Customer is responsible for :my increase in cost Jo to: Gcn.:ra1 Price lill:re:lsc ( lnllation. Matcri:als. etc.)
UJ>IP1lde in MachiDe Size
.Addilim..C 1111 Optioas ... ~
If a de,=e:,sc in mxhinc size oc:c:urs, 311)1 diiference in price may be used toward Ille purchase of options, alb<!Dmats
or u:wung matai:lls. No c:uh credit ,.,JI be given.
All m;ichines must be rerurncd in salable condition.
White Sur~ and Supply rcser.-cs the rig!it lO i.ospcct :md ex=inc in White Star"s semce do:par.mml. any
trade-in 1113Chine in question.
l---------------• ---=-----~ actiD& as ca;ent for
{!',.llr!C) (Title)
---------------·~~to all tbc: tams-1candilicas llaleduove
l Cumpany or Busmc:ss )
as a g,J1dc ii.nc for the tr:tde-111 of :my Bobcat Sl.id Stcc:-or Mw-Exc:av:uor.
(Prun N3111c J (Print Name)
l \\ 1utc Sur R-=,>resentali vc J (D3te ) (Apts N.unc ) (Dat.c )
Art Hudson
Sales ~t.1m1gcr . \lihite Sur Madunery & Suppl y
03,·~ Sanon
W.:st.:rn SIOJ)C Sa!.:s Mmagcr. \\,lute Sur Mxluno:ry & Supply
Al3QCotTman
Pn.·,mk~t . White Sur Madunc·rv .l Suppl)
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Machinery & Supply
ATTACHMENTS '
AUGER: MODEL #15
6"
12"
36"
PALLET FORKS (48")
PICKUP SWEEPER
60" SWEEPER
72"SWEEPER
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Sl,937.00
S 489.00
Sl,890.00
Sl.090.00
7000 E.56 AVENUE • COMMERCE CITY CO 80022 • 303-288-6603
3184 HALL AVENUE • GRAND JUNCTION CO 81504 • 97<>-434-0647
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BOBCAT OWNERS
Tom Templeman
S1a1e of Colorado Department of Highways
9;0.s~:-2s52
Dave Snyder
University of Denver
303-8714852
Len Banuner
Jetferson County
303-271-5265
Bill Coleman
City of Lafayette
303-665-485 I
Mark Clapper
City of Broomfield
303438-6336
Don '.'wfoon
Denver Public Schools
303.;754032
Randy Evans
South Adams Cowuy Water
303-:88-2646
Douglas Boettcher
City of lit!leton
303-i95-3959
ow·0num
Boulder Valley School District
Office 303-447-S082
h."t 303447-5024
Dale Anderson
Town of Castle Rock
Offi ce 303-660-LO:o
Fu 303-660-1025
Dave Schnoor
Colorado Department of:>lalllrll RaouR:cs
05ce 970-JJ:-5382
fat 970-332-4528
Bruce Bass
Morgan County
970-86 7. 7899
Bill Douglas
City of Boulder
303-413-7139
Chris Kramer
City of Fort Lupton
303-857-1136
A.I. Tripp
Denver Mountain Parks
303-69i-4S4S
Jake Gesr.e:-
cu at Boulder
303-4914955
Scott Monroe
Meridian .Meua
303-790-03~5
John Jorgensen
Parks. ToWTI of Cude Rock
303-660-1052
Joe Tumbac..'t •
Fort Lopn :-I~ C-.y
Office 303-761-6837
Fred Peck
City of Lakewood, Fox Hollow Golf
Office 303-980-S121
Fax 303-980-S696
Da~·e '.\'fockmore
Wal sen burg Housing Authority
719-73 8-2i'.:O
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CITY OF ENGLEWOOD PARKS DEPARTMENT
BID SPECIFIC<\ TIONS SKID STEER LOADER
£'.\'GI~E
POWER TRAI:\
FILTR..\TION
WIDTH
WEIGHT
DCMPHEIGHT
OPER..\ TING LOAD
LIFT CAPACITY
TIPPI~G LOAD
1' !ini1:rnm 50 Horse;:O\\C r gross \V:iter-cooled Di~l
12 \\lit s::;rem
Hyd ro st:u ii:. -+ \\, l1ee l Dm e. Direct Drive e:igine to pump
D0uble reduct ion ge:ir 'cluin final dri ve
Spin on tilters hydnulics :ind engine
iO inch max imum
6000 pounds m:iximum
90 inch minimum
l 700 pounds minimum
2100 Pounds
WITH OUT \VEIGHTS 3-+')0 pounds minimum
HYDR..\ULICS Out front boom hydr:iulics for an:ichme:m (low flow).
TIRES
BCCKET
ROPS
C...\B
S . ..\FET
I~STRlYIE~TION
TR.\ILER
Do ubl e :ic:(r:g boom ar.d bu:ket cylinders
!0.0 X [6 .5-3 ply
Lo'-, profi le exte:1ded 66 inch (bo lt on bit opt io nal)
S . .\E-JlO.!.I) A):D ISO 3.!.71
E:1 d0:;ec \\'ith he:it:r.'defroster
B:i ck up :i!:ir:n. se:i!i:e !,. w:irning be:icon and re:i.rview
mirror. Four-way rlashers :ind warr.i.r1g lights
:\ k:e:-s : ~:ii.:ges /w:imir:g li ghts ,11ourmeter ..
16 fo0t l ()t)O O ;:ound c:ip:ic:cy Doub ie a....:le with brakes
wir:1 :-:imps t no tilo Pint!e hitch
. ..\ TT .ACH~IENTS . .\tt:i..::rn1!::c i:r ic!s shoulc b: sepo.r:ite from lop.der bid .
. .\r::ic~ilT.!~,t5 will be added i:· bud~~: rr.o c.~: i; Js :::il:icle .. .\ll att:ic!une:m mus: h:ive
"·..::::(-ch:ing e fe:itur:.
...\CGER 6 ir.c ::. l : ic e:-: :H:d 36 ir.ci: :iuger bits
PALLET FORKS .!.S ir.ch '-\1,:1 back g•.::i rd
PICl-l:l'P S\YE[P[R :-.:.:-:(! pr ic.: on :i 60 in ch .1::..: .1 ;: inch . Sweep forward and
bad,\,ard
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1700 LB. OPERATING CAPACITY LOADER SPECIFICATIONS
773 F-Series Bobcat Loader
DIMENSIONS
Length (w/o attachments)
Width (over tires)
Height (w/operator cab)
Ground Clearance
Maximum Height to Bucket Hinge Pin
Reach at Maximum Height
Dump Angle at Maximum Height
Dump Height w/Standard Bucket (43° Dump Angle)
Front Clearance Circle w/Standard Bucket
Rear Clearance Circle
PERFORMANCE
Tipping Load -SAE Rated
Rated Operating Capacity -SAE
Standard Bucket Capacity -SAE Heaped Rating
Operating Weight -SAE Rated
Travel Speed
Fuel Tank Capacity
ENGINE/ELECTRICAL
101 .7" (2583 mm)
66 .0" (1676 mm)
76 .3" (1938 mm)
7.5" (191 mm)
115.0" (2921 mm)
28 .9" (734 mm)
43°
87.5" (2223 mm)
78.3" (1989 mm)
62.1" (1577 mm)
3800 lbs . (1724 kg)
1700 lbs . (771 kg)
11.7 cu.ft. (0.33 cu.m .)
5457 lbs . (2475 kg)
7 .0 mph (11,3 km/hr)
14 gal. (531)
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4 cylinder . liquid-cooled diesel; 46 hp (SAE net) at 2800 governed RPM.
Spark arrestor muffler . dual element air cleaner and glow Rlug cold weather assist must be
provided as standard equipment.
Battery shall be 12 volt with a minimum of 625 cold-cranking amps .
Alternator shall be a minimum 50 amp.
Engine coolant shall include propylene glycol anti-freeze with freeze protection to -34°F
(-37°C ).
TRANSMISSION/FINAL DRIVE
Fully hydrostatic 4-wheel drive
Ti res : 10 .00 -16 .5 8 ply rating heavy duty
31 x 15 .5 -15 8 ply rating
Whee ls shall be fixed to the axle hubs with eight (8) 9/16" wheel bolts .
Final drive axles shall be a minimum 2 .0" diameter.
Final driv e cha ins shall be pre-stressed #80 HS endless roller chain (no master link). Two (2)
chains pe r each side of the loader with no idler sprocket.
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LOADER INSTRUMENTATION
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773-F Spec1fi cat1ons
Page 2
The loader conditions shall be monitored by a combination of gauges and warning lights in
the operator's line of sight that monitor the following functions :
-Engine Coolant Temp (gauge & light) -Battery Condition (gauge)
-Engine 011 Pressure (light) -Hydraulic Oil Temp (light)
-Engine Coolant Level (optional light & alarm) -Hydraulic Oil Pressure (light)
-Hourmeter -Hydraulic Filter Condition (light)
-Fuel Level (gauge)
An air filter restriction indicator shall be provided as standard equipment.
OPTIONAL LOADER CONDITION MONITOR/INSTRUMENTATION
The loader conditions shall be monitored by an operating sensing system that monitors the
following functions :
-Engine Coolant Temp . -Fuel Level
-Engine Oil Pressure -Battery Condition
-Engine Coolant Level -Hydraulic Oil Temp .
-Engine Speed -Hydraulic Oil Pressure
-Air Filter Condition -Hydraulic Filter Condition
The sensing system shall alert the operator to some routine maintenance needs (related to
the above functions) plus any loader malfunctions by way of an audible alam, and visual
warning lights .
The sensing system will also provide automatic engine shutdown to prevent loader damage .
A liquid-crystal display in the operator's line of sight will 'J)rovide the visual warnings as well as
constantly displaying fuel level , battery condition, engine oil pressure, engine coolant
temperature. and hourmeter.
The sensing system will also be capable of storing service history of malfunctions of the
lo ader for later retrieval by use of a diagnostic instrument. Basic items such as loader serial
number and hours as well as instantaneous readouts on current loader conditions will be
other func:ions of the diagnostic instrument.
HYDRAULIC SYSTEM
Pump -gear type capable of providing 15 gpm (56 I/min ) for bucket, boom and attachment
operation
System pressure at the quick couplers shall be 3000 -3050 (206 -210 kpa).
Control Valve -three spool, open center , series type ; lift (w/float detent), tilt and front auxiliary
fun cti ons standard equipment.
Cylinders shall be double acting type . Tilt cylinder shall have cushioning feature on dump and
rollback cycles ..
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A hyd ~aulic o il cooler shall be standard equipment.
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773 Specifications
Page 3
Optiona l auxil iary hydraulics shall include flush face style quick couplers .
Cyl inders shall meet the following minimum specifications :
Funct io n
l ift
Tilt
# of Cylinders
2
1
Bore Diameter
2 .25" (57 ,2 mm)
3 .50" (88 ,9 mm)
Rod Diameter
1.50" (38,1 mm)
1 .50" (38, 1 mm)
Stroke
26.00" (660,4 mm)
14.50" (368,3 mm)
OPERA TOR COMFORT/CONTROLS
Traction Drive -forward, reverse. travel speed and steering controlled by two independent
hand levers .
Hydraulic Functions -lift and tilt functions controlled by separate foot pedals. Front auxiliary
hydraulics (to be furnished as optional equipment) controlled by electric switches located on
the right steering lever handle.
Engine Speed -controlled by hand lever.
Engine starting and shutdown functions shall be controlled electrically with the key switch.
A position for automatically draining pressure from the auxiliary hydraulics circuit shall be
provided in the key switch .
Noise measured at the operator's ear per ISO 6394 shall be 85 decibels (dBa) or less -
optional.
Adj ustable seat and operator arm rest (seat bar) shall be provided as standard equipment.
Keyless ign ition system shall be available as optional equipment.
SAFETY EQUIPMENT
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An enclcsable operator cab with side screens will be provided as standard equipment. Cab
shall meet SAE standards J1040 and J1043 for Rollover Protective Structure and Falling
Object Protective Structure . Min imum inside cab width of 33" (838 mm).
A seat t:e !t and a foot operated parking brake must be furnished as standard equipment.
Front and rear work lights are optional.
Add iticnal operator protection shall be provided by a seat bar or similar device which restricts
li ft arm operati on when not in use .
A lift am, support device to assist in servicing the loader will be provided as standard
equipr:ient.
Grab hand les to assist the operator in mo untin g and dismounting the loader will be provided
as standa rd equipment.
ln struct1cns -c perationa l instructions and warn ings by decals w ith pictoria ls and international
symbol s plus some messages in four basic languages: English. French. German and
Span ish Additi onally, a weather res istant operator handbook written in English will be
attached to th e loader.
Loade, shall be equipped with an interlock control system which requires that the operator be
seated 1n he loader with the seat bar down in place and the engine running before the
hycra1..hc lift. t ilt. a nd the traction drive system can be operated . The auxiliary hydraulics shall
ceac!: ate when the operator raises the seat bar. Should the engine not start or a system
prot:lem occu r with th e li ft arms raised , the lift arms can be lowered by pulling the lift arm by-
pass c::>ntrcl knob a nd activating the proper lift arm control at the same time .
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SERVICEABILITY
773 Specifications
Page 4
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Access to the following service items shall be gained by opening the rear door/tailgate arid
rear screen :
-hydraulic , eng ine oil and fuel filters
-engine oil drain and dipstick
-air cleaner with indicator
-coolant overflow bottle
-starter
-battery
-cooling system (radiator and oil cooler) for cleaning
Tailgate shall have optional lock for vandal proofing .
Easy access to all lift arm grease points . Rod end of the tilt cylinder shall have a replaceable
bushing .
The axle hubs shall be removable without breaking chains for servicing the axle seals . Axle
hubs will provide protection for the axle seals.
Access to certain hydraulic system components shall be gained by a tip up operator cab.
ATIACHMENTS
All attachments must be mounted on a quick change mechanism . No attachments will be
consider that cannot be removed or mounted by an experienced operator in two (2)
minutes .
The quick change mechanism will incorporate two handles that drive spring loaded, wear
comi:ensating wedges into the attachment ensuring a tight attachment fit-up.
Back hoe operat ion must be possible with the lift arms in .~e down position.
MISCELLANEOUS
Cooling air shall be drawn from above the loader uprights to provide clean , cool air .
Optional collnterweights to increase Rated Operating Capacity to 1800 lbs . (816 kg) shall be
available .
A comprehens ive Skid Steer Loader Operator Training Kit shall be avail~ble .
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SUPER[OR T~~CLER HODEL 2PT6M
STANDARD SPtCIFICATIONS
-·~-·-------
" 10,000 lb. cross vehi c l e wt.d~h t
"n,000 lb. payload <~ap..l c i t .Y
• (2) 5,200 lb. axles
• 12" x 2" electric brake s
"7,00 x 15" tires
• 6 lue wheels
• 2 5/16. "A" {r ullle bt1ll coupleL·
"safety breakaway switch
• fir plonk deck
" lleck length -16'
* de C l~ W i d th -6 ' 5 "
• side adj. ramps w/ storage cage
* ICC/DOT approved lighting
• 5,0"0 lb. rated top •,;ind jack
• saf c:ty cha ins·
* color -mfg. standard
\~iring in plastic conduit
All wiring 10 & 12 gauge to provide
adequate voltage to lights nnJ brakes
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Approxlmate Trailer Weight -1,660 lbs.
• brdke control klt
,. attached reaps
• extra length
• spare tlre end ~heel
• Llrop 111des
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OPTTONAL SPECIFICATIONS .. .
• addltlonal stake ~uckets
ff\.!:.." D ~·:..r .l 1\-·
• adj, pintle or ball hirch
" 1/8. diamond steel de ~k
• optlonal color (enamel)
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S~:D S7~~~ LO~JE~
S~ic S:ee= Loade=
,,<.J.s..u tict LJ.11..)c-J J..,:t..U ,c
Pa=-cs !-!a::t.:a:.
:or:i.: c:o
ES~I~L;TED
QCJ,"-.NT :TY
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aru PRICE
"""'-',a,-,., .. c:-.. c: c::e:.:.,;e=v ~ --ZZ-Y'y ------=--....:_ _________ _
A!.!. MA'!'E:R!A!. F.O.E. CITY OF ENG!.E".i'OOD
2900 So~th Platte River Drive
E~glewcoc, CO 80110
.:..( • ._.:.:: __ ....,L' • .: : __________________________ _
f L £ t·~?K. IL?,.;< m? -
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UNIVERSAL TRACTOR CO.
l .. ,.J ·1~ ·:~·::j~;---
·. : 7 ..,, Est. 1950
Superior Trailer mdel 2pt:Ein
48" Pallet Forks New Holl.ard
Post Auger Alitec H,\l.S . ·.
Pickup Sweeper 1-t:x!els 605b
725b
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ti 1 j W,uisworrh Blvd .. 0~111,j!r, CO 1\0115
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$2295.00
$673.00
$1614.00
$2230.00
$2413.00
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FORD TRACTOR
NEW HOLLAND
KUBOTA TRACTOR
HYUNDAI C.E.
Phone (30l11JJ-'666 F.u (30312Jl-4fln'I
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-p Satea & Se,w.ice eo..
A 01Y1SJOn of
SUPEAIOR MANUFACTURING &
ENGINEERING CORPORATION
5530 EAST 52ND A\/ENUE
COMMERCE CITY. COLORADO ooo ,~
(JOJ) 217.022J
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MANUFACTURERS OF HIG H PF,ESS UAE CLEANING SYSTEMS & GOOSENECK TRAILERS
SUPERIOR TRAILER HODEL 2PT6N
STANDARD SPECIFICATIONS
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8,811 lb. sro•• vehi•Ie weiaht
,181 lb. payload capMcity
2) 5,281 lb. axles
2• x 2• electric brakes
1t..11 x 1s• tires
16 ha wheela
i 5/16• •A• fraae ball coupler
~afety breakaway switch
• fir plank dj'ck ·
• deck· lensth -16'
• deck Width -·6'!•
•'aide adj. raapa w/ atorase case
• ICC/DOT approved lishtina
• 5,100 lb. rated top . wind jack
• aafety chain•
• color -•fa. atandard
~irin& in plastic conduit
All wirin& 10, 12 sauae to provide
adequate voltaae to liahts and bfakea
Approxiaate Trailer Ueiaht -1,660 Iba.
OPTIONAL SPECIFICATIONS
E~rake control kit
ttached raaps
_, xtra lenath
• additional atake pocket•
• •o• rinas
8.pare tire and wheel
~rap axles
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• 1/8" diaaond •teal deck
• optional color (enaael)
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UNIVERSAL TRACTOR CO. ............ ll••··~-
' .. ",-Est. 1950
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FORD TRACTOR
NEW HOLLAND
KUBOTA TRACTOR
HYUNDAI C.E.
Equipment bid by Universal Tractor Company is within the perimeters of the specifications for
the City of Englewood.'
8 15 W~dswotth Blvd .• Denv~. CO 80215 • Phone (30ll2'J...io66 Fu (303>233~669
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Memo
To: Betty Goosman
From: Greg Fink
Date: 24 March 1999
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lie: Technical Evaluation Skid Loader
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My recommendation for the purchase of a skid loader is the Bobcat model n3 F-
series. Although there are tv.o exceptions to the bid specifications these
exceptions are minimal . Engine horsepower and belt driven pump.
I feel that the Annual Municipality Trade in Program offered by Bobcat offsets the
exceptions on the bid specification sheet. This program allows Municipalities to
trade in their skid loaders used less then 400 hours every 11 months from date cl
purchase. Bobcat replaces the unit with the same model skid loader. All v.e
keep is the tires, wheels and bucket. This would allow us to save money on
CERF and maintenance costs for the time being. This also keeps the unit under
the factory 1-year warranty .
Bid prices
$16 ,096.00 Bobcat Model n3 F-Series
$25.00 parts manual
$35.00 shop service manual
$1937.00 post auger model #15 lfftth s·, 12" and 24· bits
$489 .00 48' pallet forks
s, ,890.00 so· pickup sweeper
$2 ,559.00 Superior trailer Model 2PT6M
$23031 .00 Total cost
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MEMORANDuM
TO : Greg Fink
FROM: Betty Goosman ~
DATE : March I , 1999
SUBJECT: Skid Steer Loader
Requests for Bid were sent to 4 vendors. Two bids were received. There was no
response from the other vendors .
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l have enclosed copies of the bids , any technical infonnation received and the tab sheet.
There was no technical information included with the bid from Universal Tractor.
This purchase will require Council approval ifit goes over $20,000.00.
Please review the bids and provide this office with a~ technical evaluation. The
award will be made to the lowest technically acceptable bidder (the vendor who meets the technical specifications.)
Please notify me when the evaluation has been completed and Council has approved (if
necessary ), so we can proceed with this purchase .
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Should you have an y questions, please give me a call at ext. 2392 .
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COUNCIL COMMUNICATION
Date Agendaltem SUbieet
Purchase of Tri-King Mowers
April 19, 1999 10 C vi for Golf Course Maintenance
Initiated By Staff Source
Department of Parks and Recreation Jerrell Black, Parks and Recreation Director
Dave Lee, Manager of Open Space
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council approved the purchase of two Jacobsen Tri-King mowers in April 1998.
RECOMMENDED ACTION
A recommendation from the Parks and Recreation Department to approve, by motion, the purchase of
two Jacobsen Tri-King 1800G mowers from the low bidder, Mile High Turf Equipment, Inc.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The mowers are used to maintain the golf course at acceptable playing conditions. The golf course
has five Tri-Kings in use. Currently, two Tri-Kings are in need of replacement.
FINANCIAL IMPACT
Council, in the 1999 Golf Course Maintenance Budget, approved funding for the equipment. The cost
of the new equipment after a trade-in allowance is $32,772.00
UST OF ATTACHMENTS
Bid Proposal Tabulation
Bid Proposal
Memorandums (2)
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City of Englewood Bid Tabulation Sheet
Bid Opening Date: March 4, 1999 2:00 p.m.
Bid Item: Triplex Mower
Parts Shop
Vendor Triplex Mower llllnual llllnual Total
L. L Johnson Distributing
Att: Jim Johnson
4700 Holly s,,...,
OenllW, Co. ,0211
... High Turf Equip
Att: ROflW Hiner
7IOO JoltMon Dr.
F'9detldf, Co. ,oao
Collndo Goll & Tutt
~tr: Don ,,,,,,.
JOB s Wyandot SflNt
Enpaood, Co. I0110
NIC • NO CHARGE
NIii • NO RESPONSE
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$11,441.00 NIC HIC $34,IN.OO
S11,3H.OO NCI HIC $32,772.00
NIR NIR
Pagel
Exceptions:
TOTAL COST INCLUDES TRADE IN
PLEASE SEE EXCEPTIONS
TOTAL COST INCLUDES TRADE IN
EXCEPTIONS: NONE LISTED
TRIPLEX .MOWER.TAB
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COUNCIL COMMUNICATION
Date Agendaltem subject
Purchase of Tri-King Mowers
April 19, 1999 10 C vi for Golf Course Maintenance
Initiated By Staff Source
Department of Parks and Recreation Jerrell Black, Parks and Recreation Director
Dave Lee, Manager of Open Space
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council approved the purchase of two Jacobsen Tri-King mowers in April 1998.
RECOIIMENDEDACTION
A recommendation from the Parks and Recreation Department to approve, by motion, the purchase of
two Jacobsen Tri-King 1800G mowers from the low bidder, Mile High Turf Equipment, Inc.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The mowers are used to maintain the golf course at acceptable playing conditions. The golf course
has five Tri-Kings in use. Currently, two Tri-Kings are in need of replacement.
FINANCIAL IMPACT
Council, in the 1999 Golf Course Maintenance Budget, approved funding for the equipment. The cost
of the new equipment after a trade-in allowance is $32,772.00
UST OF ATTACHMENTS
Bid Proposal Tabulation
Bid Proposal
Memorandums (2)
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2.
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ALL M.~T~:iUA!. F . 0 . B . CITY OF ENGU:WOOD
4000 S. CLAY ST.
ENGLE"NOOO , CO 80110
30 Davs
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E;.c,; ?R:c.::
S16,386.00 s 3'.!.772.()0
s N/C $ N/C
$ N/C $ N/C
S16 1 386.00 $ 32.772.00
Prices Include Trade-Ins
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Metro Terr ito r y Manager
Mile High Turf Equipment, Inc.
COM?.;.r:·
P.O. Box 438 7600 John11on Dr.· Frederick, CO 80530
P..J DR .C:SS
(303)774 -1704
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ITEM EST.
NO . DESCRIPTION QTY.
1. Triplex Hower 2
2. Shop Manual 1
3. Parts Manual 1
4. Trade-in 2
TOTAL BID
PRICE
EACH
$18,448.00
$ N/C
$ N/C
$ 1 1000.00
s __ _
BID
PRICE
36,896.00 s __ _
N/C s __ _
N/C s __ _
$ 2 1000.00
$ 34,896.00
Estimated date of delivery ____ 4_S_da_y_s ______________ _
ALL IO.TDIAL F.O.B. cxn OF E1IGI.&IIOCID
4000 S. er.Ar ST.
DGLJ:IIOOI), CO 80110
INVOICING TERMS -~oe~t.......:30~da~ys~------
PRICE QUOTE FIRM FOR 90 ·---DAYS.
EXCEPTIONSl:8 hp diesel engine
BY:
Don Swanberg
Western Territory t1anager
TITLE
The L.L. Johnson DistribJting Co.
COMPANY
_ 4700 Holly Street, Denver, (l).80216
AD~ESS
303-320-1270
-TELEPHONE
03/04/99 .
DATE
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MEMORANDUM
TO :
FROM:
DATE :
SUBJECT:
Dave Lee
Betty Goosman IIZ-~.
March 5, 1999
Triplex Mower Bid
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Requests for Bid were sent to three vendors. Two bids were received and there was no response from the third vendor.
I am attaching a copy of the bids, any technical information provided and the tab sheet.
These bids exceed $20,000 and will require Council approval.
•
Please review the bids and provi<h~ this office with a ~ technical evaluation. The
award will be made to the lowest technically acceptable bidder (the vendor who meets the technical specifications.)
Please notify me when the evaluation has been completed and Council has approved, so
we can proceed with this purchase .
Should you have any questions please give me a call at ext. 2392 .
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TO: BIily Gooeme au,-m
PllOM: Wayae Nila, L&idwcau. Wit
DATE: Apil l , 1999
SUBl!Cl': TaMicll l!.alwba rlBB111pnjlil. -•Bid
Ibaw :· 1y__..lbeia6&1M1icNaad+pe1 •wupe:ift ••wlilll,aulml-. I-providing
........................... p...+1widllbeq"1 .........
l . 1J111p y w-L-L Jalmlmlair.aadillll ... dadaa aia_._. .-, iftC#i-
Milla.Twfwcaapllllly-ar, MIC#ia• aadpnMdll a• "'"* bid.
1'llil 'lllill ._. lD•ID C.-:il ilrappn,val rla ,__. _. S20,000. lf:,m baw -,cpellliaa.
.._ .... 6a ID call -a 719-)679.
April. 1999
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COUNCIL COMMUNICATION
Date Agenda Item SUbfect Bill for an Ordinance
creating a Housing Rehab-
ilitation Fund and designating
April 19, 1999 11 a i the Fund an •enterprise."
Initiated By
Department of Financial Services
I Staff Source
Frank Gryglewicz, Director of Financial Services
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
The Council has discussed the responsibilities of the City and the Housing authority at several study
sessions. On April 5, 1999, the Council approved on first reading, Council Bill 22, Series of 1999.
Council Bill 22, Series of 1999 authorized an intergovernmental agreement with the Englewood
Housing Authority to improve coordination and clarify obligations of the parties.
RECOMMENDED ACTION
Staff recommends the City Council approve the attached bill for an ordinance creating the Housing
Rehabilitation Fund and designating it an ·enterprise" as defined by the State Constitution.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
This bill for an ordinance creates a new Housing Rehabilitation Fund. This Fund will account for
housing rehabilitation activities. Designating this fund an enterprise removes many of the restrictions
included in the Taxpayers Bill of Rights (TABOR).
No alternatives were identified.
FINANCIAL IMPACT
This action will not have a direct impact on the City's financial condition .
UST OF AnACHMENTS
Proposed bill for an ordinance
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ORDINANCE NO.
SERIES OF 1999
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BY AUTHORITY
A BILL FOR
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COUNCIL BILL NO . 28
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AN ORDINANCE AMENDING TITLE 4, CHAPTER 3. BY THE ADDITION OF A
NEW SECTION 13 , ENTITLED "HOUSING REHABILITATION FUND".
WHEREAS , by the passage of this Ordinance a new "Housing Rehabilitation Fund"
will be created; and
WHEREAS , the new "Housing Rehabilitation Fund" will account for housing
rehabilitation activities in ~he City of Englewood ;
NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Sectjon 1. The City Council of the City of Englewood , Colorado hereby amends Title
4, Chapter 3, by the addition of a new Section 13 , entitled "Housing Rehabilitation
Fund", of the Englewood Municipal Code, to read as follows :
4-3-13: HOUSING REHABILITATION FUND: THERE IS HEREBY
ESTABLISHED A SPECIAL FUND OF THE CITY OF ENGLEWOOD TO BE
KNOWN AS THE "HOUSING REHABILITATION FUND". THIS FUND SHALL BE
USED TO PROVIDE FOR HOUSING REHABILITATION ACTIVITIES IN THE CITY
OF ENGLEWOOD, COLORADO .
Sectjon 2. This Fund shall be an "enterprise" as defined by Article X, Section 20
(2)(d), of the Constitution of the State of Colorado.
Section 3. Safety Clauses 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 convenience and welfare . The City Council further
determines that the Ordinance bears a rational relation to the proper legislative
object sought to be obtained .
Sectjon 4. Seyerabjlity If any clause , sentence , paracraph, 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.
Sectjon 5 )nconsjstent Ordjnanc;es 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.
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$ect,jon 6 . Effect of repeal or modjfication 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
proeecutions for the enforcement of the penalty, forfeiture, or liability, as well u ir
the purpoae of sustaining any judgment, decree , or order which can or may be
rendered, entered, or made in such actions, suits, proceedings, or proeecutions.
5ed,jon 7. fm≪x. The Penalty Provision ofE.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 19'1' day of April, 1999.
Published as a Bill for an Ordinance on the 23rd day of April, 1999.
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, read
in full, and puaed on 6nt reading on the 19th day of April, 1999.
Loucrishia A. Ellis
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ORDINANCE NO . :l:;t-
SERIES OF 1999
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BY AUTHORITY
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COUNCIL BILL NO . 21
INTRODUCED BY COUNCIL
MEMBER HABENICHT
AN ORDINANCE APPROVING AND AUTHORIZ[NG THE EXECUTION OF AN
INTERGOVERNMENTAL SUBGRANTEE AGREEMENT FOR THE 1999
ARAPAHOE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
BETWEEN THE ARAPAHOE BOARD OF COUNTY COMMISSIONERS AND THE
CITY OF ENGLEWOOD.
WHEREAS , the City Council approved the execution of an Intergovernmental
Agreement between the City of Englewood and Arapahoe County by passage of
Ordinance No . 39, Series of 1994 covering the City's participation in the Arapahoe
County C.D.B.G. Entitlement Program as extended by Amendment No . 1, for funding
years 1998 through 2000 ; and
WHEREAS , the project by the City of Englewood known as the "Housing
Rehabilitation Project" has been categorized as a rehabilitation activity and the City of
Englewood will maintain documentation with the National Objective of Housing
Benefit activities ; and
WHEREAS , the project by the City of Englewood known as the "Englewood Family
Self Sufficiency Program" has been categorized as a public service activity; and
WHEREAS, the City of Englewood may proceed to incur costs for these projects as
of May 1, 1998 unless such acceptance is made contingent under Section 11-F., Labor
Standards, or Section 11-G ., Environmental Reviews, as contained in the Subgrantee
Agreement, and subject to the City of Englewood receiving an official "Notice to
Proceed" from Arapahoe County;
NOW , THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO , THAT :
Sectjop l. The Subgrantee Agreement for the 1999 Arapahoe County Community
Development Block Grant Program is attached hereto as Exhibit A.
Section 2. The Subgrantee Agreement for the 1999 Arapahoe County Community
Development Block Grant Program is hereby accepted and approved by the Englewood
City Council and the Mayor io authorized to execute and the City Clerk to attest and
seal the Agreements for and on behalf of the City of Englewood .
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$ection 3 . The City Manager shall be authorized to further ext.end the Subgrantee
Agreement For the 1999 Arapahoe County Community Development Block Grant
Program as needed.
Introduced, read in full, and paseed on first reading on the 5,.day of April, 1999 .
Published as a Bill for an Ordinance on the 9th day of April, 1999.
Read by title and passed on final reading on the 19th day of April, 1999.
Published by title aa Ordinance No . ~ Series of 1999, on the 23rd day of April,
1999.
Thomae J . Burns, Mayor
A'M'EST:
Loucrishia A. Ellia, City Clerk
I , Loucriahia A. Ellia , City Clerk of the City ofEnclewoocl, Colorado, hereby certify
that the above and foreaoing ia a true copy of the Ordinance pUNd on final reading
and publiahed by title u Ordinance No . ~ Seriee of 1999.
Low:riahia A. Ellia
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SUBGRANTEE AGREEMENT FOR
1999 ARAPAHOE COUNTY
COMMUNITY DEVELOPMENT BLOCK GRA!'lT FUNDS
SUBGRANTEE: CITY OF ENGLEWOOD
PROJECT NAME: HOUSING REHABILITATION
PROJECT NUMBER: 99-EN-RB-921
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This Agreement is made by and between the Board of County Commissioners of the County of Arapahoe,
State of Colorado, for the Community Development Block Grant Program in the Community Services
Department (hereinafter refell'Cd to as the County) and the City of Englewood (hereinafter referred to as the
SubGrantcc) for the conduct ofa Community Development Block Grant (CDBG) Project for Program Year
1999 .
I. PURPOSE
The primary objective of Title I of the Housing and Community Development Act of 1974, as amended,
and of the Community Development Block Grant (CDBG) Program under this Title is the development of
viable urban communities, by providing decent housing, a suitable Jiving environment and expanding
economic opportunities, principally for low and moderate income persons .
The project by the City of Englewood known as the Housing Rehabilitation Project (Project) has been
categorized as a Single Family Residential Rehabilitation project and the SubGrantcc will maintain
documentation with the national objective of Limited Clientele activities.
The SubGrantee may proceed to incur costs for the Project as of May 1, 1999 unless made contingent
under Section II-F . Environmental Reviews, below, and/or subject to the SubGrantcc receiving an official
"Notice to Proceed .. from the County.
II. WORK TO BE COMPLETED BY THE SUBGRANTEE
The following provisions outline the scope of the work to be completed:
The project will help improve and preserve the City of Englewood's existing housing stock by providing
low interest loans to lower income Englewood homeowners for health and safety related home repair and
improvements .
A. Payment
It is expressly agreed and understood that the total amount to be paid by the County under this
contract shall not exceed $194,887.00. Drawdowns for the payment of eligible expenses shall be
made against the line item budgets specified in Exhibit A and in accordance with performance
criteria established in Section 11-C.
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B. Timeline
All Project activities will be completed by April 30, 2000 wilcss this Agreement is modified by
mutual agreement of the County and SubGrantee.
C. Performance Criteria
Project funding will accomplish the following :
The SubGrantee will provide loans and/or grants to 15 lower income City of Englewood
households for health and safety related home repair and improvements. All renovations are to be
made in accordance with any applicable industry standards and/or local codes and standards .
In accordance with the funding application submitted by the SubGrantee for the Project, the
following milestones are to be met during the execution of the Project :
Ouarterlv goaJs
June 30 , 1999 : Close I rehabilitation loan
September 30. 1999 : Close 6 rehabilitation loans
December 31. 1999 : Close 4 rehabilitation loans
March 31, 2000 : Close 4 rehabilitation loans
April 30 , 2000 : Complete all rehabilitation construction
Submit final drawdown
D. Reporting Requirements
Cumulative goaJs
Close I rehabilitation loan
Close 7 rehabilitation loans
Close 11 rehabilitation loans
Close 15 rehabilitation loans
1. Each SubGrantee Drawdown Request will include progress reports for the period for
which payment is being requested.
2. Project reports will be due within 30 days following the end of each calendar year
quarter (March 31, June 30, September 30, December 31) wttil the Project is completed.
3. A Project Completion Report will be due 45 days after completion of the Project.
4. The official annual audit and/or Financial Statements for the SubGrantee in which both
revenues and expenditures for the CDBG Projects described herein are detailed are due
annually .
[. Labor Standards (Davis-Bacon)
It is determined that :
Project activities do not require compliance with federal labor standards .
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F. Environmental Review
Preliminary environmental review will be completed by Arapahoe County staff in order to
determine whether further action is necessary. The SubGrantee will not commit or expend any
Project funds prior to the completion of the required environmental review process and receipt of
any necessary Rele35e of Funds from the U .S. Department of Housing and Urban Development.
Upon receipt of a Notice to Proceed from the County, the SubGraotee will perform a site-specific
environmental review for each project site prior to committing any funds for rehabilitation.
Evidence of the site-specific review is to be submitted to the County on a quarterly basis.
G. Uniform Relocation Act (URA)
Project activities do not require compliance with the Uniform Relocation Act.
III. RESPONSIBILITIES OF THE SUBGRAi'ITEE
A. Federal Compliance
The SubGrantec shall take all actions that are appropriate and required of it to comply with the
applicable provisions of the grant agreements received from the U .S . Department of Housing and
Urban Development (Hl.TD) by the County . These include but are not limited to compliance with
the provisions of the Housing and Community Development Act of 1974 and all rules, regulations,
guidelines and circulars promulgated by the various federal departments, agencies, administrations
and commissions relating to the CDBG Program . More specifically, the SubGrantec and the
County shall each take all required actions to comply with the following :
l . 24 CFR Part 570;
2. 24 CFR Parts 84 and 85 ;
3. Title VI of the Civil Rights Act of 1964 ;
4 . Title VIll of the Civil Rights Act of 1968 ;
5. Sections 104(b) and 109 of the Housing and Community Development Act of 1974;
6 . Fair housing regulations established in the · Fair Housing Act, Public Law 90-284, and
Executive Order 11063 ;
7. Section 5~ of the Rehabilitation Act of 19 73;
8. Asbestos guidelines established in CPD Notice 90-44;
9 . The Energy Policy and Conservation Act (Public Law 94-163) and 24 CFR Part 39;
10 . Equal employment opportunity and minority business enterprise regulations established
in 24 CFR part 570.904;
11 . Section 3 of the Housing and Urban Development Act of 1968;
12 . Non-discrimination in employment, established by Executive Order 11246;
13 . LC3d Based paint regulations established in 24 CFR Parts 35 and 570.608;
14 . Audit requirements established in 0MB Circular A-133; and
15 . Cost principles established in 0MB Circulars A-87 and A-122 .
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Additionally, in accordance with 24 CFR Part 570, no employee, official, agent or consultant of the
SubGrantee shall exercise any function or responsibility in which a conflict of interest, real or
apparent, would arise . The Subgrantee cannot engage in a federally funded contract with any entity
registered in the Lists of Parties Excluded From Federal Procurement or Nooprocurcment
Programs .
B. Supervision and Administrative Control
As to any projects conducted during Program Year 1999, the SubGrantee agrees that the County
shall have ultimate supervisory and administrative responsibility, but the SubGrantee shall be
responsible for the expenditure of the funds allocated for its Projects or activities and for the
construction or performance of its Projects or activities in compliance with all applicable Federal
laws and requirements relating to the CDBG Program .
C. Non-Appropriations Clause
The SubGrantee agrees that it will include in every contract it enters, which relies upon CDBG
monies for funding , a non-appropriation clause that will protect itself and the County from any
liability or responsibility or any suit which might result from the discontinuance of CDBG funding
for any reason . Because this Subgrantee Agreement involves funds from a federal grant, the
funding provisions of this Subgrantee Agreement, the federal grant and the federal starutes control
rather than the provisions of Section 24-91-l 03 .6, C.R.S. with regard to any public work projects .
D. Expenditure Restrictions
All CDBG funds that are approved by Hl:D for expenditure under the County's grant agreement ,
including those that are identified for the SubGrantee's Projects and activities, shall be allocated to
the specific projects and activities described and listed in the grant agreements. The allocated funds
shall be used and expended only for the projects and activities for which the funds are identified.
[. Agreement Cbaages
No projects or activities, nor the amount allocated therefor, may be changed without approval by
the County and acceptance of the revised Final Statement and/or Consolidated Plan by HUD, if
requ ired . Changes must be requested in writing and may not begin until a modification to this
Agreement is fully executed .
F. Direct Project Supervision and Administration
The SubGrantee shall be responsible for the direct supervision and administration of its respective
projects or activities . This task shall be accomplished through the use of the SubGrantee's staff,
agency and .:mployees . The SubGrantee shall be responsible for any injury to persons or damage to
property resulting from the negligent acts or errors and omissions of its ltaf( qems and employees .
Subgrantee, within its legal ability to do so under the Constitution oflhe State of Colorado and its
home -rule charter (if Contractor is a home-rule municipality) and without in any way or manner
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intending to waive or waiving the defenses or limitations on damages provided for under and
pursuant to the Colorado Governmental hnmunity Act (Sec. 24-10-1 01, ct seq . C.R.S .), the
Colorado Constitution, its home-rule charter or under the common law or the laws of the United
States or the State of Colorado, shall indemnify and save harmless the County against an y and all
damages which arc recovered under the Colorado Govcmmental Immunity Act ll'ld reduced to final
judgement in a court of competent jurisdiction by reason of my negligent act or omission by
Subgrantcc, its agents, officers, or employees , in connection with the penormance of ttu s contrllct.
G. lademaity
Because the SubGrantcc is responsible for the direct supervision and administration of its projects
or activities, the County shall not be liable or responsible for cost overruns by the SubGrantcc on
any projects or activities . The County shall have no duty or obligation to provide any additional
funding to the SubGrantcc if its projects or activities cannot be completed with the funds allocated
by the County to the SubGrantcc. Any cost overruns shall be the sole responsibility of the
SubGrantcc .
l . The SubGrantcc agrees that all funds allocated to it for an approved projects or acti vities
shall be used solely for the pwposcs approved by the County. Said funds shall not be
used for any non-approved pwposcs .
2. The SubGrantee agrees that the funds allocated for any approved projects or activities
shall be sufficient to complete said projects or activities without any additional CDBG
funding.
H. Bonding and Insurance
If the SubGrantcc's projects involves construction activities, any Contractor it uses for said
activities shall be required to provide and maintain, until final acceptance by the SubGrantcc of all
work by such Contractor, the kinds and minimum amounts of insurance as follows :
l. Comprehensive General Liability : In the amount of not less than $600,000 combined
single limit . Coverage to include :
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Premises Operations
Products/Completed Operations
Broad Form Contractual Liability
Independent Contractors
Broad Form Property Damage
Employees as Additional Insured
Personal Injury
Arapahoe County and the SubGrantcc as Additional Named Insured
Waiver of Subrogation
2. Comprehensive Automobile Liability: In the amount of not less than $600,000
combined single limit for bodily injury and property damage. Coverage to include :
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a. Arapahoe County and the SubGrantee as additional Named Insured
b. Waiver of Subrogation
3. Employers Liability and Workers Compensation: The Contractor shall secure and
maintain employer's liability and Worker's Compensation Insurance that will protect
it against any and all claims resulting from injuries to and death ofworlcers engaged
in work under any contract funded pursuant to this agreement Coverage to include
Waiver of Subrogation.
4. All referenced insurance policies and/or certificates of insurance shall be subject to
the following stipulations :
a. Underwriters shall have no rights of reco very subrogation against Arapahoe
County or the SubGrantee; it being the intent of the parties that the insurance
policies so effected shall protect the parties and be primary coverage for any
and all losses covered by the described insurance.
b. The clause entitled "Other Insurance Provis ions" contained in any policy
including Arapahoe County as an additional named insured shall not apply
to Arapahoe County or the SubGrantee .
c. The insurance companies issuing the policy or policies shall have no
recourse against Arapahoe County or the SubGrantee for payment of any
premiums due or for any assessments under any form of any policy .
d. Any and all deductibles contained in any insurance policy shall be assumed
by and at the sole risk of the Contractor .
5. Certificate of Insurance : The Contractor shall not commence work under any
contract funded pursuant to this Agreement until he has submitted to the
SubGrantee, received approval thereof; certificates of insurance showing that he bas
complied with the foregoing insurance requirements . The SubGrantee shall also
submit a copy of the Contractor's certificates of insurance to the County .
6 . Notwithstand ing the pro vis ions contained in this paragraph (H) set forth
hereinabo ve, the County reserves the right to modify or waive said provisions for
projects or activities for which these provisions would prove prohibitive . The
SubGr.antee understands, however , that the decision to waive or modify those
provisions is fully within the discretion oftbe County .
ln accordance with 24 CFR parts 84 and 85 , the following bonding requirements shall apply to all
projects exceeding the simplified acquisition threshold :
I. A bid guarantee from each bidder equivalent to 5% oftbe bid price;
2. A performance bond on the part oftbe contractor for 100-/e oftbe contract price; and
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3. A payment bond on the pan of the contractor for 100% of the contract price .
I. Records
The SubGrantcc shall maintain a complete set of books and records docwnenting its use ofCDBG
funds and its supervision and administration of the Project. Records arc to include documentation
verifying Project eligibility and national objective compliance, as well as financial and other
administrative aspects involved in performing the Project. The SubGrantcc shall provide full
access to these books and records to the County, the Secretary of HUD or his designee, the Office
of Inspector General, and the General Accounting Office so that compliance with Federal laws and
regulations may be confirmed. The SubGrantce further agrees to provide to the County upon
request, a copy of any audit reports pertaining to the SubGrantcc's financial operations during the
term of this Agreement. All records pertaining to the Project are to be maintained for a minimum
of five years following close-out of the Project.
J. Reporting
The SubGrantee shall file all reports and other information necessary to comply with applicable
Federal laws and regulations as required by the County and HUD . This shall include providing to
the County the information necessary to complete annual Performance Reports in a timely fashion .
K. Timeliness
The SubGrantee has submitted to the County, along with its proposal, a description of the work to
be performed, a budget, and a timetable delineating the length of time needed for each Project
phase, if applicable , through the completion of the projects . The SubGrantcc shall comply with
timetable for completion of the projects . The SubGrantee understands that failure to comply with
the timetable may lead tu a cancellation of the Project and a loss of all unexpended funds, unless the
County determines that there arc extenuating circumstances beyond the SubGrantcc's control and
that the projects will be completed within a reasonable length of time . The timetable's
implementation shall begin when the County provides written notification to the SubGrantce to
proceed .
L. Reimbunement for Expenses
The SubGrantee agrees that before the County can distribute any CDBG funds to it, the SubGrantee
must submit to the County's Housing and Community Development Services Division
documentation in the form required by that Division which properly and fully identifies the amount
which the SubGrantcc is requesting at that time. The County shall have ten (10) working days to
review the request. Upon approval of the request, the County will distribute the requested funds to
the SubGrantcc as soon as possible .
M. Procram Income
All program income directly derived fiom the Arapahoe County Community Development Block
Grant Program received by the SubGrantcc will be retained by the SubGrantcc and will be
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dispersed for its approved CDBG Project activities before additional CDBG funds are requested
from the County. Following completion of the SubGrantec's Arapahoe County CDBG Projects, all
program income directly generated from the use ofCDBG funds will be remitted to the County.
N. Asset Management
Any single parcel of real property under the SubGrantee's control that was acquired or improved in
whole or in part with CDBG funds in excess ofS25,000 will either:
1. Be used for an eligible CDBG activity, as determined by the County, for a minimum
offive (5) years following completion of the SubGrantce's projects;
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2. Be disposed of in a manner that results in the County's being reimbursed in the
amount of the current fair market value of the property less any portion of the value
attributable to expenditures ofnon-CDBG funds for acquisition of, or improvements
to, the property. Reimbursement is not required after five (5) years following
completion of the SubGrantec's projects.
0. State and County Law Compliance
All responsibilities of the SubGrantee enumerated herein shall be subject to applicable State
statutes and County ordinances, resolutions , rules, and regulations .
P. Environmental luview
The SubGrantec agrees that no CDBG funds will be legally obligated to any Project activity before
the County has completed federal NEPA envirorunental review procedures, as required by 24 CFR
Part 58.
Q. Subcontracts
If subcontracts are used on the Project, the SubGrantec agrees that the provisions of this Agreement
shall apply to any subcontract.
R. Suspension or T ermiaation
This Agreement may be suspended or terminated by the County if the SubGrantce materially fails
to comply with any term of this Agreement. This Agreement may also be terminated for
convenience by mutual agreement of the County and the SubGrantcc.
S. In the event that the Unit of General Local Govcnunent should withdraw from the County's
"Urban County" designation, this Agreement shall terminate as of the termination date of the
County's CDBG grant Agreement with HUD.
T. The SubGrantee certifies that to the best of its knowledge and belief:
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1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it,
to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in coMection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement; and,
2 . If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee
of aµernber of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, it will complete and submit Standard Form-LLL ,
"Disclosure Form to Report Lobbying," in accordance with its instructions .
U. Disallowance
If it is determined by HUD or other federal agenc y that the expenditure, in whole or in part, for the
SubGrantee's Project or activity was improper, inappropriate or ineligible for reimbursement, then
the SubGrantee shall reimburse the County to the full extent of the disallowance .
IV. RESPONSIBILITIES OF THE COUNTY
A. Legal Liability and Responsibility
The Parties recognize and understand that the County will be the governmental entity required to
execute all grant agreements received from HUD pursuant to the County's requests for CDBG
funds and that it will thereby become and will be held by HUD to be legally liable and responsible
for the overall administration and performance of the CDBG programs, including the projects or
activities to be conducted by the SubGrantee . Accordingly, the SubGrantee agrees that as to its
projects or activities performed or conducted under any CDBG agreement, the County shall have
the necessary administrative control required to meet_~ requirements .
8. Performance and Compliance Monitoring
The County's supervisory and administrative obligations to the SubGrantec pursuant to paragraph A
above shall be limited to the performance of the administrative tasks necessary to make CDBG
funds available to the SubGrantee and to provide a Monitoring Specialist whose job it will be to
monitor the various projects funded with CDBG monies to ensure that they comply with applicable
Federal laws and regulations .
C. Reporting to HUD
The County will be responsible for confirming the compliance of the SubGrantee's Project with
applicable Federal laws and regulations. The County will further be responsible for seeing that all
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necessary reports and infonnation arc filed with HUD and other applicable Federal agencies in a
timely fashion.
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In Witness Whereof, the Parties have caused this Agreement to be duly executed this ____ day of
-------------' 1999 .
Subgrantee :. ____ ......:1C..ii~tvi.;01t,1(uE..aD.111K~lcwo=ood<><>t-----
By: 'Jb:Jnas J Burns
Title :_......i::i~.u,._ _____________ _
Board of County Commissioners
Arapahoe County, Colorado
Stephen P. Ward, Chairman
Attest :
Clerk to the Board
Donetta Davidson
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EXHIBIT A
PROJECT BUDGET
COLUMN A COLUMNS COLUMNC
Prejecl-Elliaaled Tecal C• el CDIGF•ads
(.,..iry by .... -· AclMly
Rehab1 li iation admsn 1stralion S 100,000 S 20 .000
Rthabiliianon loans S 330,000 S 174,88 7
TOTAL: S~l0.000 S 194 ,887
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COLUMND
Odler FHds c-..-
S 80 ,000
S 155,113
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ADDENDUM NUMBER ONE
TO THE 1999 COMMUNITY DEVELOPMENT BLOCK GRANT
HOUSING REHABILITATION SUBGRANTEE AGREEMENT
This ADDENDUM NUMBER ONE modifies the Arapahoe County Community Development Block
Grant SubGrantee Agreement ("Agreement") by and between Arapahoe County ("County") and the City
of Englewood ("Subgrantee").
WHEREAS, the Agreement (in Section ill.H), requires that if any Subgrantee project involves
construction activities, then the Contractor selected by the Subgrantee must provide and maintain
insurance in the amounts set forth therein; and
WHEREAS, pursuant to Section ill. H.6, the Subgrantee desires that the County waive a portion of the
insurance requirements of Section III.Hof Agreement; and
WHEREAS, the County agrees to the waiver as noted herein .
NOW, THEREFORE, IT IS AGREED by the County and the Subgrantee as follows :
1. The Subgrantee shall require its selected Contractor to provide and maintain general liability and
property insurance in an amount not less than S 100,000 by the Contractor and to provide and
maintain automobile liability insurance and workmen's compensation insurance required by
Colorado law . Proof of such insurance shall be provided to the Subgrantee.
2. The Subgrantee and the County reaffirm the provisions of Section III.F ., concerning
administration and indemnification concerning performance of the Agreement.
3 . All other provisions of the Agreement not inconsistent with this Addendum Number One are
reaffirmed .
In Witness Whereof, the Parties have caused this Addendum to be duly executed this _____ day
of ____________ , 1999.
Subgrantee : ___ ""'C ... jtv.....,o.._f..,E..,o,.Kl ... ew.a:.><ood...._ ____ _
By: ______________ _
'1lanas J. aims
Title : __ __.Ma __ w~ ... r ____________ _
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Board of County Commissioners
Arapahoe County, Colorado
Stephen P. Ward. Cbainnan
Attest:
Clerk to the Board
Donetta Davidson
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SUBGRANTEE AGREEMENT FOR
1999 ARAPAHOE COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
SUBGRANTEE: CITY OF ENGLEWOOD
PROJECT NAME: FAMILY SELF-SUFFICIENCY
PROJECT NUMBER: 99-EN-PS-922
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This Agreement is made by and between the Board of County Corrunissioners of the County of Arapahoe,
State of Colorado, for the Corrununity Development Block Grant Program in the Community Services
Depanment (hereinafter referred to as the County) and the City of Englewood (hereinafter referred to as the
SubGrantee) for the conduct of a Corrununity Development Block Grant (CDBG) Project for Program Year
1999 .
I. PURPOSE
The primary objective of Title [ of the Housing and Community Development Act of 1974, as amended,
and of the Community Development Block Grant (CDBG) Program under this Title is the development of
viable urban communities, by providing decent housing , a suitable living environment and expanding
economic opportunities, principally for low and moderate income persons .
The project by the City of Englewood known as the Family Self-Sufficiency Project (Project) has been
categorized as a Public Service project and the SubGrantee will maintain documentation with the national
objective of Limited Clientele activities .
The SubGrantee may proceed to incur costs for the Project as of l\fay 1, 1999 unless made contingent
under Section II-F . Environmental Reviews, below, and/or subject to the SubGrantee receiving an official
"Notice to Proceed" from the County .
II. WORK TO BE COMPLETED BY THE SUBGRANTEE
The following provisions outline the scope of the work to be completed:
The SubGrantee will utilize CDBG funding to prov ide case management, job training, and other supportive
services to Englewood Housing Authority tenant families in order to increase the families' economic self-
sufficiency and decrease their dependence on government assistance programs.
A. Payment
It is expressly agreed and understood that the total amount to be paid by the County under this
contract shall not exceed $15,000.00 . Drawdowns for the payment of eligible expenses shall be
made against the line item budgets specified in Exhibit A and in accordance with performance
criteria established in Section II-C .
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B. Timeline
All Project activities will be completed by April 30, 2000 unless this Agreement is modified by
mutual agreement of the County and SubGrantee .
C. Performance Criteria
Project funding will accomplish the following:
The SubGrantee will provide case management, job training, and other services necessary to
increase the financial independence of 25 Englewood Housing Authority tenant families. Services
will be provided through a contract with an agency deemed qualified by the City of Englewood and
Englewood Housing Authority. The SubGrantee is to utilize and expend Community Development
Block Grant funds established for this Project prior to utilizing other funding sources.
In accordance with the funding application submitted by the SubGrantee for the Project, the
following milestones are to be met during the execution of the Project :
June 30, 1999 :
September 30, 1999 :
December 3 I, 1999:
March 31, 2000 :
April 30, 2000 :
Ouarterlv goals
Provide services to :?O existing clients
Provi de services to 20 existing clients
Enroll I new client
Provide services to 21 existing clients
Enroll 2 new clients
Provide services to 22 existing clients
Enroll 2 new clients
Provide services to 21 existing clients
Submit final drawdown
D. Reporting Requirements
Cumulatjvc goals
Services provided to 20 total clients
Services provided to 21 total clients
Services provided to 23 total clients
Services provided to 25 total clients
Services provided to 25 total clients
l . Each SubGrantee Drawdown Request will include progress reports for the period for
which payment is being requested.
2. Project reports will be due within 30 days following the end of each calendar year
quarter (March 31 , June 30, September 30, December 31) until the Project is completed .
3. A Project Completion Report will be due 45 days after completion of the Project.
4 . The official annual audit and/or Financial Statements for the SubGrantee in which both
revenues and expenditures for the CDBG Projects described herein are detailed are due
annually.
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E. Labor Standards (Davis-Bacon)
It is determined that:
Project activities do not require compliance with federal labor standards.
F. Environmental Review
Environmental review will be completed by Arapahoe County staff in order to determine whether
further action is necessary. The SubGrantee will not commit or expend any Project funds prior to
the completion of the required environmental review process and receipt of any necessary Release
ofFunds from the U .S. Departtnent of Housing and Urban Development.
G. Uniform Relocation Act (URA)
Project activities do not require compliance with the Uniform Relocation Act.
Ill. RESPONSIBILITIES OF THE SUBGRAl'ITEE
A. Federal Compliance
The bG rant ee shall take all actions that are appropriate and required of it to comply with the
ap plicable proqs1ons o f the grant agreements rece ived from the U.S. Department of Housing and
Crban Deve lo p men t (Hl."D ) by the County . These include but are not limited to compliance with
the pr vi I ns of the Ho usmg and Community Developme:1t Act of 1974 and all rules, regulations,
gu1de unes 311d circ ulars promu lgated by the various federal departments , agencies, admittistrations
ns relaung to the CDBG Program . More specifically, the SubGrantee and the
h ake all required actions to compl y with the following :
I. 2J CFR Part 5 70;
2J CFR Parts 84 and 85 ;
3 Title V I of the Civil Rights Act of 1964;
4 . Tnle VILI of the Civil Rights Act of 1968 ;
5. Sectt o ns 104{b) and 109 of the Housing and Community Development Act of 1974;
6 . Fair housing regulations established in the Fair Housing Act , Public Law 90-284, and
Executive Order 11063 ;
7. Section 504 of the Rehabilitation Act of 1973;
8 . Asbestos guidelines established in CPD Notice 90-44;
9 . The Energy Policy and Conservation Act (Public Law 94-163) and 24 CFR Part 39;
l 0 . Equal employment opportunity and minority business enterprise regulations established
in 24 CFR part 570.904;
11. Section 3 of the Housing and Urban Development Act of 1968;
12. Non-discrimination in employment, established by Executive Order 11246;
13. Lead Based paint regulations established in 24 CFR Parts 35 and 570.608;
14. Audit requirements established in 0MB Circular A-133; and
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15 . Cost principles established in 0MB Circulars A-87 and A-122.
Additionally, in accordance with 24 CFR Part 570, no employee, official, agent or consultant of the
SubGrantee shall exercise any function or responsibility in which a conflict of interest, real or
apparent, would arise. The Subgrantee cannot engage in a federally funded contract with any entity
registered in the Lists of Parties Excluded From Federal Procurement or Nonprocurement
Programs.
8. Supervision and Administrative Control
As to any projects conducted during Program Year 1999, the SubGrantee agrees that the County
shall have ultimate supervisory and administrative responsibility, but the SubGrantee shall be
responsible for the expenditure of the funds allocated for its Projects or activities and for the
construction or performance of its Projects or activities in compliance with all applicable Federal
laws and requirements relating to the CDBG Program.
C. Non-Appropriations Clause
The SubGrantee agrees that it will include in every contract it enters, which relies upon CDBG
monies for funding, a non-appropriation clause that will protect itself and the County from any
liability or responsibility or any suit which might result from the discontinuance of CDBG funding
for any reason . Because this Subgrantee Agreement involves funds from a federal grant, the
funding provisions of this Subgrantee Agreement, the federal grant and the federal statutes control
rather than the provisions of Section 24-91-103 .6, C.R.S . with regard to any public work projects.
D. Expenditure Restrictions
All CDBG funds that are approved by HUD for expend irure under the County's grant agreement,
including those that are identified for the SubGrantee's Projects and activities, shall be allocated to
the specific projects and activities described and listed in the grant agreements. The allocated funds
shall be used and expended only for the projects and activ ities for which the funds are identified .
E. Agreement Changes
No projects or act ivi ties , nor the amount allocated therefor, may be changed without approval by
the County and acceptance of the revised Final Statement and/or Consolidated Plan by HUD , if
required . Changes must be requested in writing and may not begin until a modification to this
Agreement is fully executed.
F. Direct Project Supervision and Administration
The SubGrantee shall be responsible for the direct supervision and administration of its respective
projects or activities . This task shall be accomplished through the use of the SubGrantee's staff,
agency and employees. The SubGrantee shall be responsible for any injury to persons or damage to
property resulting from the negligent acts or errors and omissions of its staff, agents and employees.
Subgrantee, within its legJ ability to do so under the Constitution of the State of Colorado and its
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home-rule charter (if Contractor is a home-rule municipality) and without in any way or manner
intending to waive or waiving the defenses or limitations on damages provided for under and
pursuant to the Colorado Governmental Immunity Act (Sec . 24-10-101, et seq . C.RS.}, the
Colorado Constitution, its home-rule charter or under the common law or the laws of the United
States or the State of Colorado , shall indemnify and save harmless the County against any and all
damages which are recovered under the Colorado Governmental Immunity Act and reduced to final
judgement in a court of competent jurisdiction by reason of any negligent act or omission by
Subgrantee, its agents, officers , or employees, in connection with the performance of this contract.
G. Indemnity
Because the SubGrantee is responsible for the direct supervision and administration of its projects
or activities, the County shall not be liable or responsible for cost overruns by the SubGrantee on
any projects or activities . The County shall have no duty or obligation to provide any additional
funding to the SubGrantee if its projects or activities cannot be completed with the funds allocated
by the County to the SubGrantee . Any cost overruns shall be the sole responsibility of the
SubGrantee .
1. The SubGrantee agrees that all funds allocated to it for an appro ved projects or activities
shall be used sole ly for the purposes appro ved by the Ceunty. Said funds shall not be
used for any non-approved purposes .
2. The SubGrantee agrees that the funds allocated for any approved projects or activities
shall be sufficient to complete said projects or activities without any additional CDBG
funding .
H. Bonding and Insurance
If the SubGrantee's projects involves construction ac11v111es, an y Contractor it uses for said
activities shall be required to provide and maintain, until final acceptance by the SubGrantee of all
work by such Contractor, the kinds and minimum amounts of insurance as follows :
1. Comprehensive General Liability : In the amount of not less than $600,000 combined
single limit . Co verage to include :
a.
b .
c .
d .
e.
f.
g.
h.
I.
Prem ises Operations
Produc ts/Completed Operations
Broad Form Contractual Liability
Independent Contractors
Broad Form Property Damage
Employees as Additional Insured
Personal Injury
Arapahoe County and the SubGrantee as Additional Named Insured
Waiver of Subrogation
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2. Comprehensive Automobile Liability: In the amount of not less than $600,000
combined single limit for bodily injwy and property damage. Coverage to include :
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a. Arapahoe County and the SubGrantee as additional Named Insured
b. Waiver of Subrogation
Employers Liability and Workers Compensation: The Contractor shall secure and
maintain employer's liability and Worker's Compensation Insurance that will protect
it against any and all claims resulting from injuries to and death of workers engaged
in work under any contract funded pursuant to this agreement. Coverage to include
Waiver of Subrogation.
4. All referenced insurance policies and/or certificates of insurance shall be subject to
the following stipulations :
a. Underwriters shall have no rights of recovery subrogation against Arapahoe
County or the SubGrantee; it being the intent of the parties that the insurance
policies so effected shall protect the parties and be primary coverage for any
and all losses covered by the described insurance.
b. The clause entitled "Other Insurance Provisions" contained in any policy
including Arapahoe County as an additional named insured shall not apply
to Arapahoe County or the SubGrantee.
c . The insurance companies issuing the policy or policies shall have no
recourse against Arapahoe County or the SubGrantee for payment of any
premiums due or for any assessments under any form of any policy .
d. Any and all deductibles contained in any insurance policy shall be assumed
by and at the sole risk of the Contractor .
5. Certificate of Insurance : The Contractor shall not commence work under any
contract funded pursuant to this Agreement until he has submitted to the
SubGrantee, received approval thereof, certificates of insurance showing that he has
complied with the foregoing insurance requirements . The SubGnntee shall also
submit a copy of the Contractor's certificates of insurance to the County .
6. Notwithstanding the provisions contained in this paragraph (H) set forth
hcreinabove, the County reserves the right to modify or waive said provisions for
projects or activities for which these provisions would prove prohibitive . The
SubGrantee understands, however , that the decision to waive or modify those
provisions is fully within the discretion of the County .
In accordance with 24 CFR parts 84 and 85, the following bonding requirements shall apply to all
projects exceeding the simplified acquisition threshold :
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1. A bid guarantee from each bidder equivalent to 5% of the bid price;
2. A performance bond on the part of the contractor for 100°/o of the contract price; and
3. A payment bond on the part of the contractor for 100% of the contract price.
I. Records
The SubGrantee shall maintain a complete set o f books and records docwnenting its use ofCDBG
funds and its supervision and administration of the Project. Records are to include documentation
verifying Project eligibility and national objective compliance, as well as financial and other
administrative aspects involved in performing the Project. The SubGrantee shall provide full
access to these books and records to the County, the Secretary of HUD or his designee, the Office
of Inspector General, and the General Accounting Office so that compliance with Federal laws and
regulations may be confirmed. The SubGrantee further agrees to provide to the County upon
request , a copy of any audit reports pertaining to the SubGrantee's financial operations during the
term of this Agreement. All records pertaining to the Project are to be maintained for a minimum
of five years following close-out of the Project.
J. Reporting
The SubGrantee shall file all reports and other information necessary to comply with applicable
Federal laws and regulations as required by the County and HUD . This shall include providing to
the County the information necessary to complete annual Performance Reports in a timel y fashion .
K. Timeliness
The SubGrantee has submitted to the County, along with its proposal, a description of the work to
be performed, a budget, and a timetable delineating the length of time needed for C3Ch Project
phase, if applicable, through the completion of the projects. The SubGrantee shall comply with
timetable for completion of the projects. The SubGrantee understands that failure to comply with
the timetable may lead to a cancellation of the Project and a loss of all unexpended funds , unless the
County determines that there are extenuating circumstances beyond the SubGrantee's control and
that the projects will be completed w ithin a reasonable length of time. The timetable's
implementation shall begin when the County provides written notification to the SubGrantee to
proc eed .
L. Reimbunement for ElCpenses
The SubGrantee agrees that before the County can distribute any CDBG funds to it, the SubGrantee
must submit to the County's Housing and Community Development Services Division
documentation in the form required by that Division which properly and fully identifies the amount
which the SubGrantee is requesting at that time. The County shall have ten (10) working days to
review the request. Upon approval of the request , the County will distribute the requested funds to
the SubGrantee as soon as possible.
M. Proeram Income
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All program income directly derived from the Arapahoe County Community Development Block
Grant Program received by the SubGrantee will be retained by the SubGrantee and will be
dispersed for its approved CDBG Project activities before additional CDBG funds are requested
from the County. Following completion of the SubGrantee's Arapahoe County CDBG Projects, all
program income directly generated from the use ofCDBG funds will be remitted to the County .
N. Asset Management
Any single parcel of real property under the SubGrantee's control that was acquired or improved in
whole or in part with CDBG funds in excess ofS25,000 will either:
1. Be used for an eligible CDBG activity, as determined by the County, for a minimum
offivc (S) years following completion of the SubGrantee's projects;
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2. Be disposed of in a manner that results in the County's being reimbursed in the
amount of the current fair market value of the property less any portion of the value
attributable to expenditures of non-CDBG funds for acquisition of, or improvements
to, the property . Reimbursement is not required after five (5) years following
completion of the SubGrantee's projects .
0. Stale and County Law Compliance
All responsibilities of the SubGrantee enumerated herein shall be subject to applicable State
statutes and County ordinances, resolutions, rules , and regulations .
P. Environmental Review
The SubGrantee agrees that no CDBG funds will be legally obligated to any Project activity before
the County has completed federal NEPA environmental review procedures, as required by 24 CFR
Pan 58 .
Q. Subcontracts
If subcontracts are used on the Project, the SubGrantee agrees that the provisions of this Agreement ·
shall apply to any subcontract.
R. Suspension or Termination
This Agreement may be suspended or terminated by the County if the SubGrantee materially fails
to comply with any term of this Agreement. This Agreement may also be terminated for
convenience by mutual agreement of the County and the SubGrantee .
S. In the event that the Unit of General Local Government should withdraw from the County's
"Urban County" designation, this Agreement shall terminate as of the terminalion date of the
County's CDBG grant Agreement with HUD .
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T. The SubGrantee certifies that to the best of its knowledge and belief:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it,
to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement; and,
2. If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, it will complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions .
U. Disallowaoce
If it is determined by mm or other federal agency that the expenditure, in whole or in part, for the
SubGrantee's Project or activity was improper, inappropriate or ineligible for reimbursement, then
the SubGrantee shall reimburse the County to the full extent of the disallowance.
IV. RESPONSIBILITIES OF THE COUNTY
A. Legal Liability aod Responsibility
The Parties recognize and understand that the County will be the governmental entity required to
execute all grant agreements received from HUD pursuant to the County's requests for CDBG
funds and that it will thereby become and will be held by mm to be legally liable and responsible
for the overall administration and performance of the CDBG programs, including the projects or
activities to be conducted by the SubGrantee. Accordingly, the SubGrantee agrees that as to its
projects or activities performed or conducted under any CDBG agreement, the County shall have
the necessary administrative control required to meet HUD requirements.
B. Performance aod Compliance Monitorin&
The County's supervisory and administrative obligations to the SubGrantee pursuant to paragraph A
above shall be limited to the performance of the administrative tasks necessary to make CDBG
funds available to the SubGrantee and to provide a Monitoring Specialist whose job it will be to
monitor the various projects funded with CDBG monies to ensure that they comply with applicable
Federal laws and regulations .
C. Reportin& to HUD
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The County will be responsible for confinning the compliance of the SubGrantee's Project with
applicable Federal laws and regulations. The County will further be rcsponstble for seeing that all
necessary reports and information are tiled with HUD and other applicable Federal agencies in a
timely fashion.
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In Witness Whereof, the Parties have caused this Agreement to be duly executed this ____ day of
___________ _, 1999 .
Subgrantee : _____ .i.C,....jtyl,J..lou.f_.,Edln~g~lew=ood-___ _
By : _______________ _
'lllanas J. Burns
Title: r:1a:.inr
Board of County Commissioners
Arapahoe County, Colorado
Stephen P. Ward, Chainnan
Anest :
Clerk to the Board
Donena Davidson
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COLUMN A
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TOTAL:
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EXIUBIT A
PROJECT BUDGET
COLUMNB COLUMNC
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S 50.000 S 15.000
s ,0.000 S 15.000
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ORDINANCE NO.~
SERIES OF 1999
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BY AUTHORITY
COUNCIL BILL NO . 22
INTRODUCED BY COUNCIL
MEMBER HABENICHT
AN ORDINANCE AUTHORIZING AND APPROVING AN AGREEMENT BETWEEN
THE CITY OF ENGLEWOOD, COLORADO , AND THE ENGLEWOOD HOUSING
AUTHORITY FOR PURPOSES OF PLANNING , FINANCING, ACQUISITION,
CONSTRUCTION, RECONSTRUCTION , REHABILITATION, MAINTENANCE ,
MANAGEMENT , AND OPERATION OF HOUSING PROJECTS PURSUANT TO A
MULTIJURISDICTIONAL PLAN TO PROVIDE AFFORDABLE HOUSING TO
ENGLEWOOD RESIDENTS .
WHEREAS , the City of Englewood has assisted the Englewood Housing Authority
(EHA) with meeting City housing goals by providing staff, benefits, and program
moneys ; and
WHEREAS , this Agreement contemplates that the EHA will continue to provide
housing services benefiting Englewood citizens with some administrative and technical
assistance provided by the City ;
NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD , COLORADO , AS FOLLOWS :
Section 1. The Englewood City Council hereby approves the agreement between the
City of Englewood , Colorado, and the Englewood Housing Authority to provide for
continuation of housing service for Englewood citizens .
Section 2. The Mayor is authoriz.ed to execute and the City Clerk to attest and seal
the "Agreement Between The City Of Englewood And The Englewood Housing
Authority", attached hereto aa "Exhibit A".
Introduced, read in full , and paaaed on first reading on the !>th day of April, 1999.
Publis hed as a Bill for an Ordinance on the ~ day of April, 1999 .
Read by title and passed on final reading on the 19th day of April, 1999 .
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Published by title as Ordinance No . ~ Series of 1999, on the 23rd day of April,
1999.
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 paued on final reading
and published by title as Ordinance No . ~ Series of 1999.
Loucriahia A. Ellis
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AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND
THE ENGLEWOOD HOUSING AUTHORITY
This Agreement, entered into this __ day of 199_, by and between
the City of Englewood , a Colorado Home Rule Municipality (herein called "City") and the
Englewood Housing Authority, a body.politic and corporate, under Part 2 of Article 4 of Title
29 , C .R.S . 1986 of the State of Colorado (herein called "EHA").
WHEREAS . the City and the EHA consider it to be in their mutual interest to cooperate
in achieving housing goals for Englewood citizens ; and
WHEREAS , the City and the EHA desire to set forth their respective obligations, duties
and powers ;
SECTION ONE
PURPOSE
The purpose of this agreement is to clarify the relationship between the City of
Englewood and the Englewood Housing Authority such that the parties may effect the
planning, financing , acquisition. construction, reconstruction, rehabilitation, maintenance,
management, and operation of housing projects purauant to a multijuriadictional plan to
provide affordable housing to Englewood residents.
SECTION TWO
CITY OBLIGATIONS
The City shall have the following responsibilities , duties, and powers with respect to the
EHA:
l . The Mayor shall be responsible for the appointment of commissioners to the
EHA.
A. The EHA shall be constituted as follows :
i . The EHA shall consist of five commissioners.
ii. A commissioner shall hold office until his successor has been
appointed and qualified.
iii. A commissioner's term shall expire five years &om the expiration
date of the term• of hia/her predeceuol'9.
iv . Vacancies other than by reuon of expiration of term, ,hall be filled
by Mayor. for the unexpired term .
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v . The Mayor may remove a commissioner for inefficiency, neglect, or
misconduct in office , but only after the commissioner has been given a
copy of the charges made by the Mayor against him/her and has had
an opportunity to be heard in person or by counsel before the Mayor.
In the event of the removal of any commissioner, the Mayor shall file
in the office of the City Clerk a record of the proceedings, together
w ith the charges made against the commissioner and findings
thereon.
The City , through various departments shall provide the following
administrative services :
A. The City s hall provide payroll processing services for all EHA funded
pos itto n s for a monthly fee as established by the City in Attachment A.
8 . The City s h a ll a ssist, as reques ted , in the hiring process for EHA positions.
C . The C ity s h a ll provid e, as requested . vehicle maintenance, gasoline and oil
for a ll EHA vehicle s , through the City Servicenter for fees a s es tablished by
the City in Attachm ent A.
D . The City shall provide Worker's Compens ation Insurance for the ERA
commissioners and staff to the extent allowed by law . See Attachment A .
E . The City shall provide EHA employees with medical , dental, and life
insurance that is identical to that provided for City employees for a monthly
fee as established by the City in Attachment A.
3 . The City res erves the right to approve or disapprove , with reasonable advance
notice , an ERA r equest for funding and the use of in kind services on a year to
year bas is .
4 . The City shall bill EH.A for services rendered by the 10th of the month following
the date of se~;ce .
5 . The City may s upport-additional activities of the EHA through funding , in an
amount to be d etermined by the City Council . Said amount to be appropriated
annually .
6 .
7 .
8 .
The C it y a grees to acce pt a ssignme nt of all rights and liabilities associated with
the Vectra Ba nk line of credit for the "Housing Rehabilitation Loan Program", as
we ll a s all adva nce s , loans and deposits which are currently in the name of the
Englewood H o using Authority and directly associated with said line of credit.
The City agrees to accept assignment of all other assets and liabilities of the
"Hous ing Rehabilitation Loan Program" as described in Attachment 8 .
The City agrees to accept all rights and liabilities to the extent provided for in
the Promissory Note related to a CHFA "Promissory Note" dated April 27 , 1988
to the City of Englewood .
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SECTION THREE
EHA OBLIGATIONS
The EHA shall have the following responsibilities , duties, and powers:
1 . The EHA shall be responsible for the administration of the public housing,
Section 8 , Section 8-Existing, and other programs that may be approved from
time to time in the EHA work program .
2 . On an annual basis, during the City budget process, the EHA shall prepare a
request for funding from the City and for the rendering of in kind services and
submit these to the City Council for consideration. Said request shall illustrate
the manner in which City funds and services will augment the goals and
objectives of the EHA and meet City housing goals and objectives for the
following year.
3 . On an annual basis, the EHA shall confer with City Council regarding the goals
and objectives of the EHA in order to coordinate the housing goals of the EHA
and the City .
4 . The EHA may employ other officers . agents, and employees, permanent and
temporary, as it may require , and it shall determine their qualifications, duties
and compensation.
5 . The EHA shall fund all Englewood Housing Authority Positions.
6. The EHA shall hire its Executive Director, who shall report directly to and be
supervised by the Commissioners for all EHA activities .
7. The EHA Executive Director shall attend meetings as requested by the City
Manager.
8 . The provisions of articles 10 .5 and 47 of Title 11, C.R.S. 1987 , as amended,
shall apply to moneys of the EHA relating to deposits of public monies .
9 . No EHA commissioner, other officer, any employee, nor any immediate member
of the family of any such commissioner, officer , or employee shall acquire any
interest, direct or indirect, in any project or in any property included or planned
to be included in any project, nor shall he/s he have any interest, direct or
indirect, in any contract or proposed contract for materials or services to be
furnished or used in connection with any project. If any commissioner, other
officer, or employee of the EHA owns or controls an interest, direct or indirect, in
any property included or planned to be included in any project, he/she shall
immediately disclose the same in writing to the EHA, and such disclosure shall
be entered upon the minutes of the EHA . Upon such disclosure , such
commissioner, other officer , employee , or immediate family member shall not
participate in any action by the EHA affecting the carrying out of the project
planning or the undertaking of the project unless the EHA determines that, in
the light of such personal interest, the participation of such member in any such
act would not be contrary to the public interest. Willful violation of the
provisions of this section constitutes malfeaaance on the part of a commisaioner,
or other officer and is grounds for instant dismissal of any employee. The City
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Council may by ordinance provide for automatic forfeiture of office by a
commissioner for violation of this section .
10 . The EHA agrees to pay the City of Englewood the fees stated in Attachment A,
or any subsequent fee negotiated pursuant to this Agreement for the services
described therein. Partial payments will be made as the work progresses . Said
payments will be based on estimates, prepared by the City, of the value of the
work performed.
11 . EHA shall pay for services rendered by the City by the 30th of the month
following receipt of billing described in Section 2, Paragraph 4.
12 . The Englewood Housing Authority agrees to promptly assign to the City of
Englewood all rights and liabilities associated with the Vectra Bank line of credit
for "Housing Rehabilitation Loan Program", as well as all associated advances ,
loans and deposits which are currently in the name of the Englewood Housing
Authority and directly associated with said line of credit.
13 . The Englewood Housing Authority agrees to assign all other assets and
li a bilities of the "Housing Rehabilitation Loan Program" as described in
Attachment B.
14 . The Englewood Housing Authority agrees to assign all rights and liabilities, to
the extent provided for in the Promissory Note , related to a CHFA " Promissory
Note" dated April 27 , 1988 to the City of Englewood .
15 . Englewood Housing Authority will continue to manage the property at 2931 S.
Franklin for the benefit of the City.
SECTION FO UR
MISCELLANEOUS
1. The term of this Agree ment shall begin on the date of the City Council approval
(the "effective date"), as evidenced by the date first written above and shall
conunue until the Agreement is terminated as set forth herein.
2 .
3 .
Tlu s Agree me nt 1s s ubiect to s uch modifications a s may be required by changes
i n federal or state la w, or their implementing regulations . Any such required
mod ifi ca ti on sh a ll a utomatically be incorporated into and be part of this
Agreement on the effective date of such change as if fully set forth herein.
This Agreement is intended a s the complete integration of all understandings
between the parties. No prior or contemporaneous addition, deletion, or other
amendment hereto shall have any force or effect whatsoever, unleu embodied
herein by writing. No subsequent notation, renewal, addition, deletion, or other
amendment hereto shall have any force or effect unleaa embodied in a written
supplemental contract which has been properly executed. All previous
agreements between the City and EHA are void and thia Agreement 1hall govern
the relationship between the City and the EHA.
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4 . To the extent that this Agreement may be executed and performance of the
obligations of the parties may be accomplished within the intent of the
Agreement, the terms of this Agreement are severable, and should any term or
provision hereof be declared invalid or become inoperative for any reason, such
invalidity or failure shall not affect the validity of any other term or provision
hereof. The waiver of any breach of a term hereof shall not be construed as a
waiver of any other term, or the same term upon subsequent breach.
5. It is expressly understood and agreed that enforcement of the terms and
conditions of this Agreement, and all rights of action relating to such
enforcement, shall be strictly reserved to the City and the EHA, and nothing
contained in this Agreement shall give or allow any such claim or right of action
by any other or third person on such Agreement. It is the express intention of
the City and the EHA that any person other than the City or the EHA receiving
services or benefits under this Agreement shall be deemed to be an incidental
beneficiary only .
6 . Either party to this Agreement may terminate the Agreement by giving to the
other thirty (30) days notice in writing with or without good cause shown. Upon
delivery of such notice and upon expiration of the thirty (30) day period , all
services in connection with the performance of this Agreement shall stop . As
soon as practicable after receipt of notice of termination, each party shall submit
a statement, showing in detail the services performed under the Agreement to
the date of termination . ·
7 . Each party shall promptly pay that proportion of the charges which the services
actually performed under the Agreement bear to the total services called for
under the Agreement, less such payments on account of the charges as have been
previously made .
8 . Each party represents and warrants that it has taken all actions that are
necessary or that are required by its procedures , bylaws, or applicable law , to
legally authorize the undersigned signatory to execute this Agreement on behalf
of the party and to bind the party to its terms .
9. Each party shall maintain all books. documents, papers, accounting records and
other evidence pertaining to costs incurred and other performance hereunder or
under any previous agreements and make such materials available for
inspection by the other party at all reasonable times during the period of the
Agreement and three yeara from the date of acceptance of the Agreement by the
City . On request, copies of such records shall be furnished to the City for the
City's permanent records.
l O. The City of Englewood and the EHA agree that they shall not refuse to hire,
discharge , promote or demote or discriminate in any matter of compensation;
performance of services or otherwise , against persons otherwise qualified solely
because of race , creed , sex , color, national origin or ancestry .
11 . The City of Englewood and the EHA as well as the employees and agents of each
entity shall be considered for all purpoees of the Agreement as separate entities.
12 . The City of Englewood and the EHA will establish safecuarda to prohibit their
employees, agents. or servants from using this Acreement for any purpoae which
causes or lends itself to create an appearance of impropriety. Said employee,,
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agents or servants shall not seek any personal benefits or private gain for
themselves, their families, or others.
13 . Each party agrees that it shall not assign or transfer its interest in this
Agreement without the written consent of the other party. Any unauthorized
assignment or transfer shall render this Agreement null, void and of no effect.
14 . Any notice to be given hereunder shall be deemed given when sent by registered
or certified mail to the addresses below :
Director
Enclewood Housing Authority
3460 South Sherman St. · #101
Englewood, Colorado 80110
City Manager
City of Englewood
3400 S. Elati St.
Englewood, Colorado SOHO
15. Nothing herein shall be construed as creating any personal liability on the part
of any officer or agent of any public body which may be party hereto .
16 . This Agreement shall be carried out in accordance with the laws of the State of
Colorado and all applicable Federal laws and regulations, and all local laws,
ordinances and regulations.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written.
ATTEST:
Loucrishia A. Ellis, City Clerk
ATTEST:
Secretary
CITY OF ENGLEWOOD, COLORADO
Gary Sears, City Manager
ENGLEWOOD HOUSING
AUTHORITY
Cheryl St. Clair, Director
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Services Provided by Cjtv Costs to EHA
Cost for City personnel (Steve Ozburn) $ 0
(currently an even exchange for office space)
Payroll processing services for EHA personnel
Vehicle maintenance for EHA vehicles
Includes all necessary repairs and
maintenance on vehicles owned by EHA
Worker's Compensation Insurance for EHA
Human Resources Services for EHA
(hiring services)
Employee Benefits for EHA personnel
(same benefit package as EEA
excluding retirement and tuition
reimbursement)
Information Services
(UNIX & E-Mail -capabilities for
2 positions. Does not include general
equipment and service .
Purchasing
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Set by annual Resolution
$
Reimburse for actual
premium cost.
(administrative costs included
in premium)
$
Reimburse for actual
costs of advertiaing only .
(no adminiatrative fee)
$
Reimburse for actual
premium coats.
(administrative coats
included in premium)
$ 0
$
Reimburse for actual cost.
(no administrative fee)
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Bousina RebabWtadon Loan Prop-am M
E
Balance Sheet N
As of December 31, 1998 T
Fund Fund B
71 72 Total
ASSETS
CURRENT ASSETS
Cash and invesancnts $ 51.887 s 930,617 $ 982,504
Interest receivable 599 10.664 11,263
...
Total current assets 52.486 941.281 993.767
OTHER ASSETS
Cash and investments-restricted 98 ,026 87 ,520 185,546
Notes receivable 966.778 736 ,576 1.703 ,354
Long-term receivables 142.841 97 ,533 240 ,374
Total other assets 1.207,645 911.629 2.129 ,274
TOTAL ASSETS s 1,260,131 s 1,862.910 s 3,123,041
LIABILITIES & FUND EQUITY
CURRENT LIABILITIES
Accounts payable s 444 s 1,990 s 2,434
Mortgage payable-current portion 74.273 74.273
Total current liabilities 444 76.263 16,101
LONG-TER.\if LIABD..ITIES
Mortgage payable-long term 647 ,67 1 647 ,671
TOT AL LIABILITIES 444 723 ,934 724 ,378
FUND EQUITY
Contributed capital 740,000 740,000
Retained earnings 1.259,687 398,976 1,658.663
TOT AL RIND EQUITY 1,259,687 1,138,976 2,398,663
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TOTAL LIABILITIES & FUND EQUITY s 1,260,131 s s 3,123.041 1,862.910 • • •
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ORDINANCE NO .~
SERIES OF 1999
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BY AUTHORITY
COUNCIL BILL NO . 23
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN ORDINANCE AMENDING TITLE 8, CHAPTER 1, SECTION 6, PARAGRAPHS A
AND B, ENGLEWOOD MUNICIPAL CODE 1985 , CONCERNING PERMIT FEES.
WHEREAS , in reviewing the Intergovernmental Agreement between the City of
Englewood and the Englewood Housing Authority, the issue of permit fees was
identified as an area that needed to be addressed; and
WHEREAS , the City currently requires contractors to pay all permit fee
assessments as if they were working on a private project; and
WHEREAS, this Ordinance would exempt governmental agencies from permit fee
assessments ; and
WHEREAS, the paBBage of this Ordinance would place all governmental agencies in
the same position as the City;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS :
Section 1. The City Council of the City of Englewood, Colorado hereby amends Title
8, Chapter 1, Section 6 , of the Englewood Municipal Code, to read as follows:
8-1-6 : PERMIT FEES FOR GIWGOVERNMENTAL CONSTRUCTION WORK:
A. Any construction work governed by this Title , whieh ill le he •-•pmhea 11,
emple, eee ef •he Ci., in or on property owned by ~ THE ENGLEWOOD
HOUSING AUTHORITY (EHA). CITY , STATE OR FEDERAL GOVERNMENT
shall be exempt from all permit fee a11eAments which would normally be
required . 1\H Ci., emple:, eea "'he pePhPBI eenetNeliaa "ark fer 1M Ci., tltllft
he praperl:, lieewtl er he •arllie111Dtier lhe a11pertieia11 afa11 illdiMwtl wha
ill preperl, lieeMea . Waiver of permit fees does not exempt City-THE EHA OR
CITY emple,eea from having all neceBBary permits, LICENSES and approvals
prior to commencement of construction work.
B. Cammereied a118 pPiuaN eenif:ae'8N elaing eene1Pllelia11 vterk far~
ahall 11a• he e11emp• f10111 ihe pa:, meal el pePlllii feea .
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Section 2 . Safety Clauses 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 convenience and welfare. The City Council further
determines that the Ordinance bears a rational relation to the proper legislative
object sought to be obtained.
$ectjon 3 . Seyerability If 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 persona or circumstances.
$ection 4 lm;on1i1tent Oaljnanset 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.
$ection 5 . Effect of repeal or modjfjqtjon 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 fir
the purpose of sustaining any judgment, decree, or order which can or may be
rendered, entered, or made in such actions, 1uita, proceedinp, or prosecutions.
Section 6. flmal1x . The Penalty Provision of E.M. C. Section 1-4-1 shall apply to
each and every violation ofthia Ordinance.
Introduced, read in full, amended and puaed on first readin( on the 5th day of
April , 1999.
Publiahed as an amended Bill for an Ordinance on the 9th day of April, 1999.
Read by title and paaaed on final reading on the 19th day of April, 1999.
Published by title as Ordinance No . ~ Serie, of 1999, on the 23rd day of April,
1999 .
Thoma, J . Burm, Mayor
ATTEST :
Loucriahis A. Ellie, City Clerk
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I , Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify
that the above and foregoing is a true cop y of the Ordinance passed on final reading
and published by title as Ordinance No . ~ Series of 1999.
Loucrishia A. Ellis
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COUNCIL COMMUNICATION
Date Agenda Item Subject
Transfer of funds from the
Project Build Fund to the
April 19, 1999 11 Ci General Fund
Initiated By
Department of Financial Services
I Staff Source
Frank Gryglewicz, Director of Financial Services
COUNCIL GOAL AND PREVIOUS COUNCIL AC110N
The Council approved the 1999 Budget and Appropriation on final reading October 19, 1998.
RECOMMENDED ACTION
Staff recommends the City Council approve the attached resolution to transfer the balance of the
Project Build Fund to the General Fund. These funds will be used for property acquisitions .
The sources and uses of funds are:
PROJECT BUILD FUND:
Source of Fundf:
Retained Earnings $513,182.45
UNofFundf:
Transfers Out to General Fund $513,182.45
GENERAL FUND:
Source of Fundf:
Transfers In From Project Build Fund $513,182 .45
u .. otFunda:
Unreserved/Undesignated Fund Balance $513,182.45
The City of Englewood is required by City Charter to transfer funds from one fund to another by
resolution.
FINANCIAL IMPACT
This action will transfer the remaining balance in the Project Build Fund to the General Fund.
UST OF ATTACHMENTS
Proposed resolution
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RESOLUTION NO.~
SERIES OF 1999
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A RESOLUTION APPROVING TH~RANSFER OF THE BALANCE OF PROJECT
BUILD FUND. up
WHEREAS , the Englewood City Council approved the City of Englewood's 1999 Budget
on October 19 , 1998 ; and
WHEREAS , the passage of this Resolution will transfer the balance of the Project Build
Fund to the General Fund ; and
WHEREAS , the funds transferred will be used for property acquisitions;
NOW , THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO , THAT :
$ectjon l . The City of Englewood 1999 Budget is hereby amended as follows :
PROJECT BUILD FUND:
Source of Funde :
Retained Earnings $513.182 .45
Uaes of Funds·
Transfers Out to General Fund Hl3,182.45
GENERAL FUND:
Souw of F11ode ·
Transfers In From Project Build Fund $513,182.45
Uv of Fund,·
U nreaerved/Undesicnated Fund Balance $513.182.45
$ectjon 2 . The City Manager and the Director of Financial Servicea are hereby authorized
to make the abov e changes to the 1999 Budget of the City of Englewood .
ADOPTED AND APPROVED this 19th day of April, 1999.
Tbomu J . Burna, Mayor
ATTEST :
Loucriahis A. Ellis , City Clerk
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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 1999.
Loucrishia A. Ellis
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COUNCIL COMMUNICATION
Date Agenda Item
April 19, 1999 11 C ii
Initiated By Staff Source
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Support of First Amendment to
Pre-Development Agreement
with Miller Weingarten
Englewood Environmental Foundation Bob Simpson, Board Director
Englewood Environmental Foundation
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
On August 10, 1998 City Council adopted Resolution No. 90, Series of 1998 supporting the Master
Plan proposed by the Englewood Environmental Foundation and Miller Weingarten for the Cinderella
City site .
On November 10, 1998 City Council adopted Resolution No. 100, Series of 1998 supporting the Master
Development Agreement proposed by the Englewood Environmental Foundation and Miller
Weingarten for the redevelopment of the Cinderella City site .
RECOMMENDED ACTION
Staff recommends that Council adopt a resolution supporting the First Amendment to Pre-Development
Agreement between the Englewood Environmental Foundation (EEF) and Miller Weingarten.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Since August 1998 the Foundation has been working with Miller Weingarten to finalize all remaining
sale, lease and development issues for the CityCenter project. With the recent Council support for the
sale of land to WalOMart and approval of the Miller Weingarten agreement, the Foundation is ready to
conclude the development agreement with Miller Weingarten. With Council's support, the Foundation
will proceed to complete the final development agreement with Miller Weingarten .
FINANCIAL IMPACT
There is no direct cost associated with this Resolution of Support. The proposed Resolution will
demonstrate support for the EEF and Miller Weingarten leading to the final development agreement.
UST OF ATTACHMENTS
Proposed Resolution
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RESOLUTION NO . -0
SERIES OF 1999
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A RESOLUTION S UPPORTING THE "FIRST AMENDMENT TO PRE-DEVELOPMENT
AGREEMENT' WITH MILLER WEINGARTEN REALTY . LLC ., FROM THE
E NGLEWOOD ENVIRONMENTAL FOUNDATION FOR THE CINDERELLA CITY
REDEVELOPMENT .
WHEREAS , The Englewood Environmental Foundation was formed to relieve the
burdens which would otherwise be assumed by the City of Englewood , Colorado, in
connection with the environmental remediation, land use planning and preparation for
redevelopment of the Cinderella City shopping center; and
WHEREAS , the Englewood Environmental Foundation was formed to provide support for
the redevelopment and enhancement of the City's commercial environment and ia a separate
and distinct corporation; and
WHEREAS , the City Council of the City of Englewood , Colorado, supported the Master
Plan proposed on August 10 , 1998 by the Englewood Environmental Foundation; and
WHEREAS , Englewood City Council adopted Resolution No . 100, Series of 1998,
supporting the Development Agreement between Miller Weingarten Realty, LLC ., and the
Englewood Environmental Foundation for the Cinderella City Redevelopment;
NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO , THAT:
Sectjon 1. The City Council of the City of Englewood, Colorado, hereby supports the "First
Amendment To Pre-Development Agreement" with Miller Weingarten Realty, LLC., at the
Cinderella City site under the general terms and conditiona of the Agreement attached
hereto as "Exhibit A".
Sectjon 2 This resolution of support in no way waives or delegates the City's regulatory
powers, duties and responaibilities with respect to zoning and governmental iuues.
ADOPTED AND APPROVED this 19th day of April, 1999 .
ATTEST: Thomaa J . Burne, Mayor
Loucriahia A. Ellis, City Clerk
I . Loucris hia A. Ellis , City Clerk for the City of Englewood , Colorado, hereby certify the
a bov e ia a true cop y of Re solution No .~ Series of 1999.
Loucriabia A. Ellil
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[111ST AMENDMENT JO PIE:DEVD,OP)IEY[ AGREEMENT
This FiISt Amendmerlt to Pre-Developmem Asr=nent is made aod emered iDrD
this 20th day of April. 1999 by and between ENGLEWOOD ENVIRONMENTAL
FOUNDATION. INC .. a Colorado non·profit corporation (·EEFM). and MILLER
WEINGARTEN REALTY . LLC. "Colorado limited liability Company ("Developer").
SECTION 1
-RECITALS
1.1 The City of EnaJewood. Colorado ( .. Caty·) and Developer entered imo a Pre-
Developmcn1 Agreement dated as of February 10. 1998 relatin& to redevelopment (lbe
·Redevelopment Project") of the regional shopping center previously known as"Cinderella
City... EEF now holds title to the propffly w be reaeve!opcd and has assumed the benefiis
and obligations of the City under the Pre-Development Agreement .
1.2 As part of the Rc:development ProJCCl . the City has entered into an bue:-
govemm:ntal Agreement with the Regional Transpol"'.at.on Dmric:t ( .. RTD .. ). wbich requires
lbc City to complete and make available for use by the RTD certain improvemcms comprising
part of the Redevelopment Project according to a schedule 10 be furnished by RTD
I . 3 EEF and Developer have been in the process of nqotiating a Master
Developmem Agreement which will provide tor Devel~ to act as the Master Developer of
the Redevelopmenr Project. and will also pro,·ic1e that the Developer will acquire . by long-
term ground lease. and develop fur retatl aoo eniertainment uses poruons or the property
included in the Redevelopment Project c·Rcw11Entertaimnent Property .. ). It IS comemplated
that the demolition and fill work at the Redevelopment Project curremly bein& done by EEF
~ill be complete by June l. 1999. except for the crushing process which will be complefed
by June 21 . 1999, and the Redevelopment Project will be tunlCd over to tbc Maser Developer
when all such work except the crushing is ccmpleted (the turn over cwt estimn:d to be June
1. 1999) and the Master Developer will complete die sirt work 11 will be required fO do under
the ienns of the Masrer Developer Aareemenf . ll IS ilso cODICmpialed tbal me Developer will
coasumma1e its acquisition of the ground lease interest in the Retail /Entmauiment Property
within 75 days followina the dale it commences us work as the P..lastcr Developer . The dace
the Redevelopment Project is turned over to the ~faster Developer to allow it co COIIIIIICIICe
its site work as provided in the '.\laster Development Agreement is herein referred to as the
"Master Developracnl Commencement Dare ... The closing by the Developer of ilS acqwsition
of the around lease interest ia the RetailiEntenainmau Property is herein referred to as the
"Master Developcr'i Land Closing .·
1.4 In order to insure thal the rede velopment acnvines wbicb bave already been
commenced will COIUlllUC without intfflupuon . .nd to insure that the Redevelopmem Project
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can be completed in sufficient time tO mm tile required completion dares under die
lulergovenimemal Agreement between the City and RTD. EEF and the Developer desire to
amend lbc Pre-Development Agreement tO provide for addiuonal duties and rcspoasibiliues
., be performed by each party from the dale of tbis P-irst Amendaienl uoril eidler the Master
Development Commencement D8le or tbe termination of tbe Pre-Development A&r=ment.
NOW. THEREFORE. ill consuieration of tile munw covenams conrained
herein. rbe parties hereby amend and extend !he Pre-Developmem :\peemcnl on the tenm 11111
conditions bereinafter provided.
SECTION2
AGR.EE.W:Yf
2.1 From and after the date of this First Amendment. !be Developer shall perform
the following dunes and development activit1es. and shall complete the same on the daces
specified .
(a ) Developer bas prior tO the date of this Amendment obwned a letter of
iment from Regal to lease and operate a movie theater of not less than 95 ,000 square feet or
more ("Cinema Lease"). Developer shall obcain approval by EEr of such tenant within seven
(7) days followin& the mutual execution of this Amendment .
(b} Developer shall provide EEF with the first draft of a Lease Airfflnent
with either Mann Theaters or such other tenant as Developer proposes for the Cinema Lease,
on or before May 1. 1999.
{c) Developer shall obtam approval of the City for the elevations of the
unprovemcnts relating to the Cinema Lt3Se by the date designated on the scbedule aaacbed
bereto as f;ghibit I ("Interim Perfonnance Schedule"). 0.:-.elopcr and the ICIWU of rbe
Cinema Lea.se sball tinalize and execute the Cinema Lease by die dale designated on die
lnamm Performance Schedwe .
(d) De"elopcr shall furnish 11> EEF, on or before the dale desipled oo die
Interim Performance Schedule , drafis uf leases with proposed restaurant renanrs and with
Sally's for not more than 24.000 square feet to be located on the second floor of the rerail
buildina opposite the Civic Center Buildinc. Each of these leases sba1l be fiaalized and
executed by the date designated on the Interim Performance Schcdwe .
(e) Developer slwl submit tu tbe City for admiaiscmive review a siam,c
plan for me Redevelopment Project by the date desipted on lbe lntmm Performance
Schedule . Developer shall obcain appro"Yai of uh plan by the PlanniJlg Commission. and
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shall obtain City Council approval for such plan by the dates designated on the Interim
Performance Schedule.
(f) The Developer shall complete all environmental inspections and
investigation which Developer desires to undertake by the date designated on the In 1rim
Performance Schedule. In the event Developer objects to any environmental condition. ic shall
so notify EEF on or before the date designared for such objection on the lnlerim Performance
Schedule. EEF shall have ten (10) days following receipt of any such notice to determine and
advise Developer in writing whether EEF will undertake any action to cure the objections
specified by Developer, and the date by which any such curative activity will be completed.
Developer shall then have ten (10) days following . receipt of such response by EEF to
determine to eilher accept such response, to waive such objection. or to terminate the Pre-
Development Agreement, in wtuch case each party shall be released from any further
obligation to the othcr .
(g) Developer shall provide to EEF a survey and preliminary subdivision plat
of the property included in the Redevelopment Projec. by the date di:signated on the lntenm
Performance Si:hedule .
(h) Developer shall finalize with EEF. by the date designa,ed on the Interim
Performance Schedule , Developer's agreeme:it to the form and substanee of the Common Area
Maintenance ("CAM'") Agreemc:nt. the Easements. Covenants and Restrictions ("ECR'")
Agreement. and Ground Lease for the Rer.ail /Entertaimnent Propem,·.
(i) On or before April 23. 1999, Developer shall submit to EEF design
drawings and details of the scope of the work to be perfo~ by me Master Developer in
conne::tion with the Redevelopment Project . Within two (2) weeks following the submission
by Developer. and subjtct to paragraph 2 .3(b), EEF and che Dcvelope:: shall agree upon the
final torm of design drawings and. the description of dle scopc ot" the work. The approved
description and drawings shall be irutwed by both parties and attached as E;dribit 2 to this
First Amendment .
(j) Developer shall perform such Other work or tasks. and by such dates,
as are designated on me Interim Performance &hedule to be performed by Master Developer
prior to the Master Developer Closing Date .
2 .2 From and after the dace of !his First Amendment. EEF sh:111 perform. by the
dates specified. the following duties and development activities:
(a) EEF shall submit to the Dtrec,or of Neighborhood and Business
Development a preliminary subdivision plat of the RedevclopmttU Project on or before ten
(10) days following iu receipt from the Developer of the survey m1 preliminary subdivision
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plat. EEF shall obtain approval of the Planning Commission and the Cicy Council to a final
subdivision plat a final approval by the Planning Commission by the daces designated on the
Interim Performance Schedule .
(b) EEF shall continue its current demolition and fill activity at the
Redevelopment Project, and such work, except for the crushing process, shall be completed
by June 1, 1999, and the crushing process sbail be completed by June 21, 1999.
(c) EEF shall obtain, by the dates designated on the Interim Performance
Schedule, approval of the Ptanning Commission and the City Council to the vacauon of the
portion of Aoyd Street which is to be included in the property to be sold to Wai-Mart.
( d) EEF shall submit to Developer. on or before the date of mutual execution
of this Amendment. for review by Developer. a fim draft of the following agreements by
April 1S. 1999 ·
(1 ) First draft of the ECR Agreement;
(2 ) Firsc draft of the Master Development Agreement:
(3) First draft of the Ground Lease Agreement.
2.3 The parties acknowledge and agree that the drawing (MSite Delivery Plan·).
which has been initialed by both panics and is attached hereto as Exhibit 3, reflects the
requirements of the Master Developer for the condition of the Propeny at the time it is
delivered by EEF to the Master Developff. including grade elevations of the Property. as well
as final grading of roads and intersec:ions. EEF agrees to deliver it in such condition by June
1, 1999. except the crushing process (and resulting storage of crushed materials) will llDt be
completed prior to June 21, 1999 . The ~laster Developer shall provide EEF , or before April
30, 1999, the specifications for the elevation 1t desires for the retail pad sites at the time EEF
delivers the Property to the Master Developer . and such specifa:ations shall then be initialed
by both parties and shall be deemed an addition to the Site Delivery Plan. In the event the
Master Developer fails to provide such additional specifications by April 30, 1999. the Master
Developer shall accept the condition of such pad sites as reflecttd on the existing Site Plan
Delivery Plan.
2 .4 The parties acknowledge and agree that the following ,erms shall be included
in the Master Development Agreement :
(a) The Developer shall pay Sl0,000,000 ("Ground Payment", which term
shall include any adjustments as hereinafter provided) to EEF as the grOUDd lease rcmal
(pursuant to die Ground Lease) for the Retail/Emcnainmem Property, which property is
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designated on the attached Exhibjc 4 to this First Amendment. The payment amount shall be
subject to increase in the event (1) the theater leases more than 95,000 square feet. (2) the
retail buildings south of the Wal-Mart sice consist of more than 37,000 aggregate square feet.
(3) the Goldmine pad is rented for an amount in excess of $80,000 annually. or (4) the retail
building opposite the Civic Center Building consists of more than 27,000 square feet. The
adjustment will be based on a pre-determined formula mutually agreed to, and the 1st
$300,000 of such adjusunent and 50% of any additiocal adjustment shall be added to the remal
paymem paid to EEF. The GrOWJd Payment (together with paymenES received from Wal-Man
and Forest City for their property acquisitions) shall be deposited in a construction proJea
disbursement account ("Project Accounn which will be disbursed by EEF to pay costs for
the CC Redevelopment Project, incluchng payments to be applied to the Master Development
Fi.,cd Price.
(b) The Developer shall ag.:ee co complete the scope of work. as Mascer
Developer. as referred to in par.igraph 2. l (i) above . for a fi.,ed price ! ·Master Development
Fixed Price) of S 19 .500.000 (subject to adJustm~t as hereinafter provided) to be paid by EEF
to the Developer on a percentige of completion basis . The Master Development Fixed Price
shall be paid by disbursements from the Pro,ecc Fund. disbursemenc by RTD under the
Intergo.,·emmental Contract and proceeds from the sale of the Certificaces of Participaticn . In
the event the General Contract, as agreed to by the General Contractor and Developer,
provides for actual amouncs less than the es:1ma1es currently provided for soft costs. general
conditions and General Contractor's profic. the Master Development Find Price shall be
reduced by an equal amount . The General Contractor shall obtain competiuve bids for from
itS subcontractors and suppliers from contractors and suppliers reasonably acceptlble to EEF .
If the tocal of the bids. when added co the ~Additions" as hereimfler defined. exceeds
Si9.500.000, EEF shall either (A) agree to pay the excess costs. or (B) EEF and Developer
shall mutually agree on a modification of the scope of work sufficient to reduce the aggregate
cost to $19,500.000. For purposes of this pMagraph . "Additions-shall mean the actual
amow1ts sec forth in the executed General Contract for (i ) costs of architects. engineers and
consultants. (ii) Gene:al Contractor's soft CO!its including insurance, bonds. ia.xes. petmits and
fees. (1i1) General Concractor's tee. and (iv) General Contractor"s general conditions (icems
ii. m. and j.,· not co exceed m the aggrc:gace 12 .5%).
(c) At the Mascer Developer's Land Closing, Developer shall deliver to EEF
the ground lease price of Sl0,000,000 (adjusted for any incrC3SC as herein described) either
by an irrevocable unconditional lecter or credit, or by wire transfer of good funds, which
amount shall be held in the Project Fund .
(d) The only condiuons co Devc:lupcr's obligauon co complete the Master
Developer's Land Closing shall be .
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(l) Delivery by EEF of marketable title to the leaseboic:I imerest to
be acquired by Developer .
(2) Support by City Council of the tenant of the Cinema Lease .
(3) Closing of !he acquisition by Wal-Man of lhe portion of the
Redevelopment Project to be acquired by Wal-Mart and die
payment by Wal-Mart to EEF of lhc purchase price of
SJ,400 .000 .
(4) Exec:uuon by Forest City of an agreement to le:sse from EEF the
portion of the Redevelopment Project to be redeveloped as
res1dential /mail use iUld the payment to EEF of $2,400.000 as
may be adjusted by agreement between Forest Cu:y and EEF . In
the evem such agrceme:it has not then c:losec:I. the agreement sh:ill
include th.: right by EEF to obwn specific performance . and
Forest City shall have made l non -refundable deposit of not less
than $500.000 .
(5 ) Approval by the City of the final subdmsion plat and vacation of
th.: portion of Floyd Scree: to be mcluded in the property
conveyed to Wal-Mart.
(e) The Master Development Agre:ment shall include the other terms and
conditions as set forth on the Deal Sheet attached hereto as £;shjbjc 3.
2 .5 Within seven (7) d.lys following the mutual execuuon of ttus Airccmeru. the
parties shall agree on an interim schedule nnte:1m Schedule of Values") which shall be
initwed by both panies and shall be deemed attached 10 thu Amcooment as E;,;bjbu 6. Toe
Interim Schedule of Values shall include !he ..mount spent or incurred by each party for
architect fees, engineering costs. consultant fees . and Olher dtvelupme:it expenses (collectively
referred to as "Soft Costs") as of the date of execution of this Agrecmeot. and Soft Costs
which each party estimates they will spend in connection wilh !he Redevelopment Project
subsequent co the date of" execution of this Agreement . wluch Soft Costs shall be timlted to
chose amourus which the parties agree shall be dttmed joint ~osts ("Project Costs") and which
shall be included in the Master Development Fixed Price Toe Interim Schedule of Values
shall also include an estimate of additional costs oi construction for 1,1,·ork to be done by the
Master Developer from the date of mutual execution of lhis A&fCCmenl to the Master
Development Conunencement Date (estimated to be June I. 1999). and for work to be doDC
from the date of the Master Developme:11 Commem:ement Date to ~laster Developer's Land
Closina (estimated to be August 15 . 1999).
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2.6 In the event this Pre-Development A&reement is rermimted for any reason,
ocher than pursuant to Paragraph 4 .1. lbe Master Developer shall be reimbursed for die
amounts spem by the Master Developer prior to tbe dare of termination. provided such
amowus are included on the Interim Schedule of Values as Project COSIS agreed upon by EEF.
As a condition of such reimbursemem. die Master Developer sball deliver to EEF all ma1a'ia1s
relating to tile Redevelopment Project (including but nm limited to drawings, plans
specificatioas, reports, estimates, bids, and schedules) in the Master Devdoper's possession
or under its ccntrol. and the Master Developer sball deliver tO EEF assignmena of ilS riglm
under its comract with Tryba or my ocher an:bircct, engincermc or ocher thirdi)UtY
consulting comracu relating ro tbe Redevelopment Project as EEF may reasonably request,
together wilh such CoaseDIS as are necessary in connection wii:h tbc assignmeua or to permit
EEF tO use the mllteriaJS it receives from tbe Master Develupcr .
SECTION3
£VENTS OF PU.\LJ.J AND BH1EDIES
3 .1 Occurrence of die following even15 shall be deemed • Special Defaults by
Developer~:
(a) Failure by Developer. following five (5) days written notice from EEF
(i) to furnish EEF with a first dnft of me Cinema Lease by rh.: date desi.gllaled on the Inrerim
Perfonnance Scbedule as provided in paragraph 2 . l(b}; (ii) to finalize and exccwe die Master
Oevelopmem Ajreemem by the dale designated on the lmenm Performance Schedule; (iii) to
commence die work as Rquired under the Master Development Aareemcnt by the Master
Development Commencement Date .
(b) Failure. following ten (10) days writwi nouce ro Developer, to perform
any of lhe ocbcr duties or obliptions set forth in !his First Amendment .
3.2 Special Eyms of PcfauJt bv EEF . In me eve:it EEF tails to perform any dulics
required to be performed by it under Ibis First Amendment following Im (10) days wriUen
notice. such failure shall constitute a Special Evem or Det.ault by EEF .
SECTION4
REMED1£S Of crrx ON QCCVBlfNCE OF c\ SPECIAL EYINJ
Of QEfALJ.I IX QEY£LPP1B
4.1 If my Special Event of Defaull by die Developer occurs. EEF shall bave as ils
sole remedy tbe ri&hl ID either (i) tenninalc dl&s qreemenr by wntten notice ro lbe Developer,
in which event each party sball be released from my funber obliplion or liability to die odllr.
iDcludin& any obligation by EEF to proceed wirh Develaper as die Master Developmem or ID
proceed wilb the aarcement to convey Developer a ground lease inaerest in die
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Retail/Entertainment Property. or (ii) to obtlin a substitute party to perform the work of the
Master Developer for the Redevelopment Project, but proceed with the agreement to convey
Developer a ground lease interest in the Retail/Entertainment Property. Upon the exercise by
EEF of either remedy :
(a) EEF shall reimburse: the Master Developer only for such amounts paid
or incurred by the Master Developer after the date of murual execution of this Agreement and
prior to the date of termination. provided such amourus are included on the Interim Schedule
of Values as Project Costs agreed upon by EEF. All amounts paid or incurred by the Master
Developer prior to the date of mutual e:<cCUtion of chis Agreement sball be the sole obligation
of the Master Developer. and the Master Developer shall indemnify and hold EEF and the
City harmless for all such amounts: and
(bJ The Master Developer shall deliver to EEF all matenals reLlting to the
Redevelopment Project (including but nee lim1tec co dra'.l.ings . plans specifications. reports,
estimates. bids . and schc<!ulcs ) in the Master Ixvc!opcr ·s pos~ss,on or Wlder its control. and
the Master Developer shall deliver to EEF assignments of its rights under its conuact with
Tryba or any other uchiteet , engineering or other third-party consulting contracts relating to
the Redevelopment Project ;is EEF may reasonably request, together with such consents as are
necessary in connection with the assignments or to pemut EEF to use the materials it receives .
4 .2 If a Special Event of Default by EEF occurs. the Developer shall have. as itS
sole remedy. the right to terminate !his agreement. in which event each party shall be released
from any further obligation co the other; provided. however. in the event Developer electS to
assign any agreement with Tryba or any other Mchitect. engineer or third part)' consultant
relating to the Redevelopment ProJect. EEF shall promptly reimburse Developer for all
amounts paid tor services rendered to date under such agreement, and EEF shall then have the
nght to either assume the rights and obliganons Wldcr such agreement or to term~te such
agreement .
4 . 3 In the event of the occurrence of a Special Event of Default by either Developer
or EEF. the remedies set forth in paragraphs 4 .1 :ind 4.2 shall be exclusive and in lieu of any
other remedies provided under the Pre-Development Agreemc:it. The provisions of this
Section 4 with respect to the occurrence of any Special Event of Default shall supersede all
other provisions of the original Pre-De'"elopmc:nt Agreement. and to the extent of any conflict
between the original Pre -Development Agreement and this First Amcndmfflt with respect to
the occurrence of any Speci:il Event of Default or Remedies as a result thereof. the provisions
of this First Amendment shall control.
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MISCELLANEot·s
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S .1 Time is of die essence of Ibis First Ameu4ment
5.2 Tbe Developer bercby acbowlcdges ics comem ro me assignmenl by die Cily
to EEF of die Pre-Dewlopmem A&teement.
5.3 Except as herein modified or amended. lbe terms 11111 coaditioas of lbe Pre-
De'Vdopmeal Apeemmt ue bereby ratified and shall remain in fWl bee 11111 effect accordiD&
ro their rerms. except to lbe emm,of lll'J c:oaflict beiween such origiml qreemem and mis
amendment. in which case die provisions of Ibis First AmerdmePE shall comrol.
IN WITNESS WHEREOF. me parties bave execuaed this First Amendment as
of me dale first above written.
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E.""IGLEWOOD ENVIRONMENTAL FOUNDATION.
l:'liC .
By : _____________ _
DE~'ELOPER:
Miller Weingarten Realty. LLC,
a Colorado limited liability company
By: ______________ _
SteWart A. Miller, Maaapr/Member
By : Weiqar1cn/Colorado. lac .. a Texas corporation.
Manager/Member
By : ___________ _
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ubibit 1
&hibit2
Exbibit 3
Exhibit 4
Eldaibic'
Exhibit 6
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EXHUUISTQ
flRST AMENDMENT ro PRE-DEYEJ.OPMENT NiBEEHHNI
IDlerim Performance Scbedule
Design Drawings and Descripoon of Scope
5* Delivery Plan
Map of Rerail/Emertaiamcm Propeny
Malla' Development Agreemcm Deal Sheel
lalerim Schedule of Values
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DEALSHEET ......,eloper Devek)pmeffl AQl'Nfflllftt
Engiewood Town Centar Pro;.ct
March 2,. 1991
City at Eiig!Pood. CCDadO (-cllyj, Ei,glewOOd Emironmental
fc,undatiOn ("EEF1 and Miler Weingarten RnllY LLC
("Ma rrte1a101*")
Praparty a.llnlllan: 1. Pa,cels held for nitail c1r,.a1cp1 ient by Miller w.nganen (part:elS
tt,own in blue on aftaChad map)
2 . Pa,tung shared by al owrr.1 as provided in rec:procal eaMmant
(portions or area shown in green on attaehad map)
3 Pwcel to be sold to Wal-Mart (parcell shOWO in orange on attaehed
map)
4 . Pareets to be ieasad,lpurd'lased to Forest City (parcels shOWn in red
on attached map)
y,-ac:dan TJpe: Ground iease to M/W with rights to use common area parking sub,ec;t to
reciploc:al euemant and CAM AgrNmaflt.
Tenn: 75 .,._ ground le .. to M/W with go dark provillOtl
Price: S 10,000. 000 ( or UI ICOl ldillonal , imlvocable laftr. of credit) due al c;loaing
Claainl Dale: u.... Oa,,elopar-will assume thne dutial when lite is rudy for
daliverY (est. 811199) Land Acquisition~ with w.i-Mart doling (on or befc,re
8/15111)
,._ I o,dOft: ~per ;ranted Option to acquR on leaM termS similar to the
Wfflll at 1tle acquasition at 1he Pnaae I p, ........ 1he surplul Wlds
owned by the Cily ldjacenl to E.r,glnlood PartwdY t,atweefl Elali and
C,-oilN $trNII. t,arufter ,....,_to• ,t,e PtlMe II popel'lieS". ~ eJIPlf9I July 1, 2000. and must be .-rc:iNd betWNl'I 1/1/2000
and 7/1'2000. Mqaisition pnce ia fair m11111t value far retail UM al the
time at uen:iN of tha opllon. M111110r,al~ Clawalel)IMN rights ..
lirnit9d to retail on "'8 ~ Cly na the ~to~ with other
delielcpan or ~ and alleffl8llve 11981 on a baCk uP baail -
ou1rtt111ie: 1. EEF contradS with M/W • u.cer [)awlapar tD eom..-* per
approved .._ Plan and in acwdllica WIit! plafll and specs ID be
rnulually agrNd uPOft far allied prica IO be neeot·eed ......, EEf
and wm. M/W ,-por,eible far a1 ooet owem,ne. _. c:ioats
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related tc demclition or resulting from change in scope requNl9CI by
City (Which wil be change order items paid by City). Rede',,topmellt
of FOiey Bldg . • City Hall exduded from ,'9eement and ClY ha
sole rnponsibllity for this. Guaranty of Completion by Weinptan.
2 . Complete fill required for onsite and offsq ~ work-
Project fund wia l9imburse City for fill to If* baNd on pei m itage al
completion applied ta budget amount .
3 . Fulfill obligationa under RTO c:oncrad to build 1ra1'1Sit facilily and
parking spaces ,n accordance with schedule rwqunmenta al RTD .
4 . FulfiU obligations under -,y future RTC contrac:t obtained for ~
enhancement funds (assumes funds from RTO or from other
sources-not MasterOeveioper-are sufficient to meet ot,iigattons)
5 . Perfcnnar.ce dates for constructJon and phased delivery to be set by
performance sd'ledule to be attached u schedule to Oevelopment
Agreement. mctuding
a . Roads
b . UtilltleS
c . Transit. Plaza and Boulevard
d . Parking Lots and Structures
e Parcels to be deliverwd to Wal-Mart and Forest City
6 Offs,tes to be completed by Muter Developer
a Englewood Pnway . including Cherokee lntel'Hciion
b Elatl Street
c . Traffic Signals
d. Inca-to be completed JOtntly by EEF and MNV. with EEF ta
be re1mburtecl for its coat bated on pet cei ltage of competion and
budget 1111e for work done to CS*
7 . Signed lene wilh cinema operator for multiplex Nater (wilh CIOling
contingenc1 ) by May _. 1999
8 Complete constNction (CO) of no leu than 200 .000 sf Olf retail
space by date(s) set forth in performance sehedule . IUbjed to fmz
~-wilh ~ of $3.000 daly for delay .
9. Caty Council approval for relall i. .... on speces larger than 7,000 sf
on the first lime lened, and spaces ~ than 75,000 If for the
duration of the prqect.
10 . Develo9ment adher9I to Caty approved Oelign Slandards and
Guidelines for the Project.
11 . Accept property •• is ', but demolition complRd to Stage P9f' spec:I
to be mutually~-
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12. Casualty and liability insurance to be obtained by M/W.
13. Masterdeveloper to indemnity EEF and City for claims (including
environmental) arising from work done by M/W.
14. Obtain City consent for gene,aJ COllbadDt-U.W has engaged
WatlfM Construc:tionlSaun Consb'udion as its General
Contractor
15 . Take over zoning or any other permitting procaa • lhe applicant (if
not then completed) as of date of mutual execution of Development A9'""*1t
16. ~ in pd failh (With City representative participation as City
detem,inn) partung availaodity on site and costs for off site parcels
(Chudc E Cheese and Banks).
17. Join in CAM Agreement
18. In the event Masterdevetoper materially defaults on project , following
notice and right to cure . EEF has right to terminate Development
Agreement and to take over project.
1. EEF redevelops Foley Bldg. as Civic Center Ellct; per performance
schedule .
2 . EEF defn,ers site tc MM/. with demolition complet9 and partial fill .
per agreed upon specs and time per performance sc:hedule
3 . EEF provides Janel needed for Englewcod Parkway per per!ormance
schedule.
4 . EEF completes residential developer contract prior to Closing Date
reQUnng m~ development of indicatlad site with no las than
275 rnidentlal units and aprx. 40,000 sf of strNt level retail and
commercial u-. to be constru~ed per performance sc:hedufe (est
June 1, 2000)
S. EFF completes Sale Agreement with Wal-Mart with C10Sing en or
prior to Cloaing Date .
6 . EEF joins in CAM A;rwement .
7 . EEF retains r»1i elopm,wnt rights on Seim Parcel and par1cing ...
nol1t'I of Residential. provided City continues to make available
number of Pllf1un; spaces for then exilting dev~ It per
~ Mater Plan and any contract commilme111s with 7"--
and Other llnanls or users .
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8 Manage dilbwNment from c:onatruc:lian fund far pro;ect. includlng
c:oooeration in proc;essing draws from COP fund and RTO ar alhel'
grants. Funds diablned per cuatomary conalruction draw
procedures .
9. City does not waive governmental immunitin, duties and
,-ponsibibties
1 . CloH Wal-Mart Hie on or before Closing Date
2 . o.telopment AgrNment Wilt'I ,...,,... dlY1lape1 (apecific
perfonnanc:a connct with ~ deposit) on or b9fore
CIOSingO.
1. Final Site Pian
2. Scope
3 . Property map-common areas and IHN/sale parcels
4 . Project Budgat Proforma
5 . Project Performance Schedule
6 . Cash flow--construdlon cost ICheQJle
7. PUC and Oelign Guidelines
8. RTD Connet wilh ~ of Ei iglewood
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AOOENDUll 1 TO DEAL SHEET
~ DevelopmentAgrwnent
EnglNood Town Cenllr Project
March 31, 1999
The following ~ Mldiliol 181 tierms or modifieation tc prior terms reflected in Cul sn..t
elated March 24. 1999. The followiiig terms..,. negotiated between M-W and EEF on 3129-
3/30/99 .
Land Price:
land Claaing Date:
1999.
CommeciC91Mftt
LAND ACQUISITION
S 10,000 ,000 (or unconditional. imtvOQble letter of credit) due at land
closing.
Land Pnce wib be ,ncreased ,t (and only ,f) one or more cf the following 4
events occur ·
A. If Cinema lease exceecs 95 ,000 square feet-land pnc:e
will be adJusted by formula for the excess square feet .
B If retail buildings to the south of Wal-Mart exceeds 37,000
square r.et in the aggregate--lancl price will be adjusted by
formula for the excess square feet .
C If M-W obtains lease on Goldmine pad site for annual rwntal in
excess of sec .ooo per annum-land price will be adjusted. b8Sed
on capitalizing the exc:en amount at 11 62%.
0 If rentable space of building east of Civic Center exceeds 27 .000
square feet--land pnce will be adjusted by formula for excess
square feet.
With respect to adjustment for each of the above 4 events . the first
$300,000 aggregate adjustment will be paid to EEF as additional
land purchase price. and 50% of any aggregate adJu•tment above
$300.000 will be paid to EEF as additional purchase pnce .
Stmultaneously Willi Wal-Mart Closing-4Stimated at August 15 .
MAST!R DEVELOPER OBLIGATIONS
Date: Sa will be tumecl over to Master Developer when demOlitlOn and tlll
compllwd. and Maa1er Developer ... commence -development-
----at June 1. 1999 Ccmc,lltlon of cruahing ptOCNI by EEF ii
...... d for June 21 , 1999.
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Ec:anomic. Risk: In the event M-W fail& to dose land acquisition (except as a result of M-W
o.taul). money spent prior to scheduled dosing dale for worx on RTD
impravaments or EEF/Qy reqund improvements WIii be reimbuned by
EEF to Matar Developer, and olher money spent by Oevllor,er (i .e. for
benefit af rwtail devllopment) wil be ri9k of Mater Oeo,eloper and not
reimbursed . Wortc which is reimbursable by EEF will be Identified now .
Notn:
EEF agrees to pay Mastw Developer S!9 ,500 ,000 as a fixed price for
drlelopment of the Praject based on OflClption of scope to be
competed by City and M-W by April ,s. 1999, which scope win be
attached as Exhibit ID Amencment No . 1 to P,._Oevelopment Agieement
(Interim Agreement ). Saunders shall obtain competitive bids for from a
subc:ontradors and suppliers from c:ontractof'S and ~"" reasonably
acc:eptable to EEF . If the total of the bids . when added to the ·Additions"
as hereinafter~-exceeds $19 .500 ,000 . EEF shall either (A) asl'ft
to pay !he excess costs. or (B) EEF and OeYeloper shall mutually agr'N
on a modification of the scope of worx s,,ffic:ent to reduce the aggragate
cost to $19 .500 .000. For purposes of tl"Js ;:aragraph , "Additions· shall
mean the K!uat amotJnts sr. !orth in the executed General Contrac:t for
(i) costs of ar::Mec:s . engin~ and consultant!. (ii) General Contractor's
soft costs ,nc:uding insurance . bonds . taxes permits anc fees . (ni)
General Contractor's fee . and (iv ) Ge:ieral Contractor's general
conditions (items ,i . ,ii . and ,v :ict to exceed in !he aggregate 12 .5%).
$19 .500 .000 shaU be adjusted (doUar for dOllar) if (and only if) (i)
aggragate amount negotiated betwNn M-W and Saunders ia less than
12 .5% for Saundenl' general conditions , profit anc: soft costs. and/or (ii)
the revised estlfflate of .-chrtect and engineer fees exc:eect s, .248 .000 .
CAM
M-W. as retail developer. wdl pay toward CAM $1 70 p.s .f. or% equivalent baaed on
current estimated CAM budget EEF agrees !o be responsible for any "sh0f1fall" in CAM
costs. if contnbut1ons from Wal-Mart, Forest City . RTO and out-pad users (i.e . Chuck E
Cheese . Banks , etc.) and Civ ic Center do not cover balance af adlal costs.
EEF will take over responsibility of negodaring CAM c:cntributions from alt Oltlel" land
owners .
Aa of 3130199 . above terms are subject to th e follOWJng open issues . to be~ and
agreed upon prior to Apnl 5, 1999
Re . $10 ,000 ,000 land price ·
Venficalion af Reta ~ Site costs n . prcjed stt. costs-following vet dlcaelon . boll'I
pa,1iea wil c:onftrm what mpn,vements Within bol.rldary of retal sen wil be paid
for by M-W and not be Charged• proiea costs (wi!I nae be pan of Ille
$19,500 ,000 fixed price)
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Re: s, 9 . 500.000 fixed price for Mastar o.v.iop.-Work:
A. My band requiiwnWa? Does 1tle 119,500,000 (baNd on Saundef'S'
,unbars) 1t1en lad ID be ..-CS up or down ID delella or add bond
coar?
B. Confirm amourt d S obligation (IS*lt or ID be spent) com,,lilad by EEF
for An:hilectlft and Eaagi-iig which needs ID be reirnbned •
Project Cost. Does 1t1e $19,500.000 {baNd on....-of.,.. A&E by
boll'I M-W and EEF at s,.2~.557) need ID be acljuad up or down.
C . Confirm actual amount fer Saunderw' (i) proftt: (i) general c:ouditious . and
(Iii) IOft coats, i.e. insurance ...... ,._, c. If lea tha'I 12.5%.
S 19 . 500,000 needs ID be adjusted down .
8md on S10 .000 .000 land price and $19,500.000 for Mater Dell1laper Work, Financial Plan
ii:
LANO OEVEI.OPMENT
Project Cost"
E.riglewood wort done poor to tum-over by Master~
El iglewoOd Contingency
JOIALCQST
Cly·
EEF-COP f\,r,ds
M -W
Wal-Mart
Forest City
R~Connc:t
RT0-2ncl Contract (Addllicll 181 Panang and Bndge)
TOTAL SOURCES
•aacrQ..t•ITM .................... , -·-3
H18,000
.U2JIIQ
$13 ,681,500
236 ,500
19 500 000
133.,,e.ooo
S 1,318,000
10.700 .000
10,000.000
3.Gl.000
2,300,000
2.'T00 ,000
3000 000
m .,,e.ooo
•• TOTAL ~AGE.Ill••
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APR 15 '99 15:3 6 F ROM BE RE NBAUM-W E IN SH!E NK TO 93037622331
INTERIM PERFORMANCE SCHEDULE
AS OF 4/20/99
M-W/EEF
1. Leases
A. Cinema
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Leaer of lnlcnt ?Done M-W
Approval of Regal Done (4/19) EEr
1st draft lease [Loss (4119)'!) M-W
Signed lease S/31 M-W
Elevation (including Piazza Rmil)
Submit SIS M-W
Approve S/18 EEF
B. Rescauralll Pads (2) and Billy
1st draft lcuc 4/30 M-W
Signed leases 6/15 M-W
2. CcwtaucdaD OpealllicNi Plan
Submit S/10 M-W
Approve S/21 EEF
3 . Paadls wl Appro.,.
• A. Garage mt bridae
Demolition Permit
Submit S/21 M-W • • Buildiag permit
Submit(DD) 4/30 M-W
Complete sbop dwp 6/1 M-W
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HPR 15 '99 15 :35 F ROM BERE NB~UM -WElNSHI E N~ TO 93~37 5 2233 1
B. Site Wort approvals(fire. public works utilities, etc.)
Submit 4/26 M-W
4. ADAIIPiew
Submi( (0 coosulllllt 4/30 M-W
Submit report lo City 6/1 M-W
5. leedecape
Finalii.e Plan/Top soil require-
IDml (bud,et) S/12 M-W/EEF
Reserve trees -mg 6/1 M-W/EEF
,. ........ Specs/Scape
A. Design Drawinp -M.-r Plan
Submit Dane (4/1S) M-W
Approve 4/30 EEF
8 . Road ..S Janeaion
Prdim. civil eng . dwp Done (4/lS) M-W
Approve 4/23 EEf
c . Scope·-Maslcr Development
Interim GMP (illcludiag competitive
bids by subl) 4/26 M-W • Final Adjultmenu
lO scope 5/12 M-W /EEF
Support Resolution 5/17 Couocil
D. COIII01ICtion DnWIIIIS 613 M·W • • •
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APR 15 ·99 15:37 FR OM BE RE NB~UM -WE INS HIE N~ TO 9303762233 1
E . Design Drawings -Civic Center Retail Building
Elevation -Submit
7. Blue Top Survey
a. DmM>lllioo and Fill
Complete demo and fill
Complete crusbiDg and
pile for st0rage
,. floyd Aveaue Vacakla
1st Reading
2nd Reading
10. SabdMlloa Plat
Complar survey
Preliminary Plat -p & z
Final Plat -P & Z
1st Reading
2nd Reading
11. COOT • Access
12. RTD
Submit
Approve
1st Draft
1st Reading
2nd Reading
Auiga obligalioll lO M-W
Order Material and Deposit
6/lS
6/1
6/1
6/21
Done (4/12)
4/19
4/23
S/4
5/18
6/l
6/14
4/30
S/14
'!
S/17
6/1
6/1
6/3
M-W
EEF
EEF
EEF
Council
Council
EEF
EEf
EEF
Council
Council
EEF
COOT
RTD
Council
Council
M-W/EEF
M-W/
EEF to provide fuads for deposit
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~•-15 '99 15:37 FR OM SERENBHUM -WEIN SHI E N~ TO 93037 62 233 1
13. SipapPlan
Submit to Cny 5n M-W
P&Z Meeting 6/22 EEF
1st Reading 116 Council
2nd Reading 7/19 Council ...
14. Ea'ria+ &Hillel Due Dlllaem:e 6/14 M-W
15. Coa1y Tu AlllmOI'
Identify tax parcels and
confirm eitempc parcels 7/1 EEF
16. l1naedal Pia
Approve soft costs to date
as projecr expense Done (4/19) M-W/EEF
lnlerim schedule of values 5/12 M-W/EEF
Fix Scope and finalize any
adjustment ro Masrer Develop-
mem Fixed Price to M-W 5/12 M-W/EEf
Final GMP and final Schedule
of Values 6/14 M-W
17. Coaplele lJpdlled Marketiaa ~
Projecl model . renderings, ete .
(for ICSC) 5/2 1 M-W
11. LeplDocwuu
A. Master Developmcm Ap1:mlem
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Finalize S/12 M-W/EEF
Council Support Raohation 5117 Council 0
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8 . Land Lease Apeemelll
Isl draft Done (4/20) EEF
Finalize S/12 M-WIEEF
Council Support Raollllion 5117 Council
C. Ground Lene
lsl draft Done (4/19) EEF
Finalize S/12 M-W/EEF ..
Council Support Raolwion Sf 17 Council
D . CAM
1St draft DoDe EEF
Finalize alJOCllld shares S/15 EEF
Fillalizeap-6/30 EEF/M-W I
Wal-Man/Forest Cicy
E. ECR
1st draft 4/30 EEF
Finalize 6/30 EEF/M-W/
Wal-Man/Forest Cicy
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COUNCIL COMMUNICATION
Date Agenda Item Subject Resolution for a
supplemental appropriation and
transfer of funds from the
April 19 , 1999 11 C ii i General Fund to the Englewood
Urban Renewal Authority for
legal services
Initiated By
Department of Financial Services
I Staff Source
Frank Gryglewicz, Director of Financial Services
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Previous City Councils created and supported the EURA . The EURA was created to aid in the
revitalization of blighted locations in the City of Englewood. In 1985 the EURA issued tax increment
debt to aid in the assembling land to revitalize various areas in the City. In June of 1991, the Authority
was not able to meet its full scheduled debt service payment, and the bonds were deemed in default.
The Trustee representing the bondholders accelerated the payment of the entire principal. This action
forced compounding of interest on the outstanding principal and unpaid interest . This has increased
the tax increment debt payable to $31 ,815,137 as of December 31 , 1997.
On November 26, 1997 the Trustee, on behaH of the bondholders, filed a lawsuit against the Authority,
the City of Englewood, and the County Assessor for breach of contract . The Trustee is seeking to
force the extension of the life of the tax increment beyond the statutory 25 year limit until the principal
and interest are paid in full .
The Authority has very limited assets and no funding sources to defend itself against this lawsuit.
Therefore , the EURA is requesting $50,000 to defend itself in this lawsuit . The City Council approved
Council Bill Number 8, Series of 1983 on February 22, 1983. This Council Bill provided for operating
staff , equipment, and related support for the EURA. Section 4 of the agreement provides that the City
of Englewood "In addition to providing staff employees for the Authority, the City will provide the
Authority with such other services as may be required in order to perform its public functions, including ,
but not limited to , accounting , treasury , management , procurement, personnel services, engineering
serv ices , planning services, and legal services .· The agreement does require the City to provide legal
services as requested in the attached resolution .
On August 13 , 1998, City Council approved Resolution 87, Series of 1998 a transfer and appropriation
of funds from the General Fund to the EURA Fund for payment of legal expenses.
RECOMMENDED ACTION
Staff recommends City Council approve the attached resolution appropriating and transferring funds to
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The sources and uses of these funds are:
GENERAL FUND:
SOURCE OF FUNDS:
Unreserved/Undesignated Fund Balance $25,000
USE OF FUNDS:
Transfers out to the EURA Fund $25,000
ENGLEWOOD URBAN RENEWAL AUTltORITY:
SOURCE OF FUNDS:
Transfer in from General Fund $25,000
USE OF FUNDS:
Payment of legal services fees to defend against lawsuit $25,000
FINANCIAL •PACT
This appropriation and transfer will reduce the General Fund unreserved/undesignated fund balance by
$25,000.
UST OF ATTACHMENTS
Proposed resolution
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RESOLUTION No.SL
SERIES OF 1999
A RESOLUTION FOR A S UPPLEMENTAL APPROPRIATION AND TRANSFER OF
FU NDS FROM THE 1999 BUDGET TO THE ENGLEWOOD URBAN RENEWAL
AUTHORITY (EURA).
WHEREAS, the EURA was created to aid in the revitalization of blighted locationa in the
City of Englewood ; and
WHEREAS, the Englewood City Council approved Council Bill No . 8, Series of 1983 which
provided for operating staff, equipment, and related support for the EURA; and
WHEREAS , Section 4 of the EURA Agreement provides that "In addition to providing
staff employees for the EURA, the City will provide the EURA with such other services as
may be required in order to perform its public functiona , including, but not limited to,
accounting, treasury , management, procurement, personnel services, engineering services,
planning services and legal services; and
WHEREAS, in 1985 EURA issued tax increment debt to aid in the assembling of land to
revitalize various areas in the City; and
WHEREAS , in 1991 EURA was not able to meet its full scheduled debt service payment
and the bonds were deemed in default; and
WHEREAS , the Trustee representing the bondholders accelerated the payment of the
entire principal and this action forced compounding of interest on the outstanding principal
and unpaid interest which has increased the tax increment debt payable to $31,815,137 as
of December 31 , 1997; and
WHEREAS , on November 26, 1997, on behalf of the bondholders of EURA, a lawsuit was
filed againat the EURA, the City and the County Aasesaor for breach of contract; and
WHEREAS , the Trustee is seeking to force the extenaion of the life of the tax increment
be yond the s tatutory 25 year limit until the principal and interest are paid in full ; and
WHEREAS, the EURA has very limited assets and no funding sources to defend itself
against this lawsuit; and
WHEREAS , the E URA requested $50,000 to defend itself in this lawauit in 1998 and
City Council approved Resolution No . 87 , 1998; and
WHEREAS . the E URA is requesting an additional $25,000 to continue its legal defense ;
a nd
WHEREAS, the passage of this Resolution will appropriate additional fund& needed for
the EURA to defend itself in the lawauit which was filed on November 26, 1997 by the
Trustee on behalf of the bondholders againat the EURA, the City and the County Aaseuor
for breach of contract;
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NOW , THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO , THAT :
Section 1. The Ci ty of Englewood 1999 Budget is hereby amended as follows :
GENERAL FUND:
Source g( Fund,:
Unreserved/Undesignated Fund Balance
1Jae1 of Fuode·
Transfers out to EURA for payment of
le gal fee s for defense of lawsuit
$25,000
$25 ,000
ENGLEWOOD URBAN RENEWAL AUTHORITY FUND:
Source of Funds :
Transfer in from General Fund
Uses of Funde ·
Payment of legal services fees
for defense of lawsuit
$25,000
$25,000
Sect.jog 2. The City Manager and the Direct.or of Financial Service, are hereby authorized
to make the above change• to the 1999 Budget of the City of Enc)ewood .
ADOPTED AND APPROVED thie 19th day of April, 1999.
ATTEST: Thomas J . Burna, Mayor
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 Reeolution No .~ SeriN of 1999 .
Loucriabia A. E1lia
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COUNCIL COMMUNICATION
Date Agenda Item SUblect
April 19, 1999 11 C iv Concrete Program 1999
Initiated By
Department of Public Works I Staff Soun:e Rick Kahm , Acting Director of Public Works
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
City Council has expressed concern about the City's goal for meeting ADA standards for City public
concrete , and directed staff to proceed with proposed Concrete Program 1999.
RECOIIIIENDED ACTION
Approve, by motion, to award a construction contract to Concrete Works of Colorado, Inc. for Concrete
Program 1999 in the amount of $122,630.00.
BACKGROUND , ANALYSIS, AND ALTERNATIVES IDENTIFIED
The proposed program consists of construction of improvements to 92 handicap ramps in the City.
For the past several years, staff has worked towards developing a City-wide concrete program
addressing existing sub-standard concrete and complying with the American with Disabilities Act in
constructing handicap ramps .
Staff believes that initiating a large concrete program provides us with a program to best address the
City's concrete needs in this area.
The cost of these improvements are borne by the City through monies budgeted in the Public
Improvement Fund (PIF). Costs include concrete construction, incidental storm sewer construction,
administration , engineering, surveying, testing , and miscellaneous incidentals.
A review of references provided by Concrete Works of Colorado, Inc. indicates their work is
satisfactory. They have recently completed similar projects for the City, including the Inca Street
Extension at Englewood CityCenter, and are currently working on construction of Paving District No .
38.
FINANCIAL IMPACT
Concrete Program 1999 is scheduled for construction during the spring of 1999. Funding for the
project in the amount of approximately $156,000 is available in the PIF.
Bids were opened for Concrete Program 1999 on April 1, 1999. Plans and Specifications were
obtained by five (5) contractors, and two (2) bids were received as follows :
Concrete Works of Colorado, Inc.
Stackholm
$122,630.00
$135,029.50
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Adequate funding is available in the Public Improvement Fund.
Anticipated 1999 Concrete Program fund breakdown is as follows :
Total funding available
This Contract
Additional Unidentified Wor1<
(ADA ramps)
$122,630.00
17,370.00
,
$156,000.00
Administrative/Engineering/Surveying/
Material T eating and necessary
Appurtenances and incidentals
Associated with Concrete Program.
16,000.00 (10% of total project)
UST OF AffACHIIENTS
Bid Tabulation Sheet
$156,000.00
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CONCRETE WORKS
STACKHOLM
UALITY PA YING
RICK'S CONCRETE
RIVES ENTERPRIZES
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CONCRETE PROGRAll 1999
BID PROPOSAL TABULATION
BaeBld Bond
S 122,630.00
$135,029.50
NOBID
NOBID
NOBID
Bids Opened 4/1/99
Date
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AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
MONDAY, APRIL 19, 1999
7 :30 P .M.
•
1 . Call to order. ?~30. p,rn
2 .
3 .
4 .
5.
Invocation . fJ~
Pledge of Allegiance. £l,I..A/1b0
RollCall. ? ~
Minutes.
Minutes from the Regular City Council meeting of April 5 , 1999.
Minutes from the Special City Council meeting of April 12, 1999.
6 . Scheduled Visitors. (Please limit your presentation to ten minutes.)
V y
a . Chartes Schaefer and Sonya StiHmock will be honored as winners of the Cinderella
City Re-naming Contest.
b . Representatives of the National Highway Traffic and Safety Administration and the
Colorado Department of Transportation will present Community Relations Officer
Nancy Peterson with an award for her efforts at promoting traffic safety.
c . B rief Reception .
7 . Non-Scheduled VISitors . (Please limit your l)f9Nl1tation to five minutes.)
8 . Communications, Proclamations, and Appoiutments.
9 . Public Hearing. (None scheduled)
Plwe noea: I ,au hn9 • fl ,-., and IINd __, alda • •lfta11, ....... IIOllfy .. Cllycl 1141 wood
(303-712-2405) al INal 41 hours In adwnce clWMn •wlaaa .. ........_ 1-*,au.
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Englewood City Council Agenda
Aprtl19,1999
Page2
10. Consent Agenda .
a. Approval of Ordinances on First Reading .
i.
ii.
Council Bill No. 27 -Recommendation from the Department of Public Works
to adopt a bill for an ordinance approving two Public Service Company
easements at Romans Park. STAFF SOURCE: Rick Kahm, Acting
Director of Publlc Works.
Council Bill No . 29 -Recommendation from the Utilities Department to adopt
a bill for an ordinance approving Southgate Supplement #143. STAFF
SOURCE: Stewart H. Fonda, Director of Utllltlee.
? b . Approval of Ordinances on Second Reading .
1-t r,J!-.JO i. Council Bill No . 19, approving the grant of an easement to Centennial Water
and Sanitation District.
,,,. di ii. Council Bill No. 26, approving the vacation of a right-of-way in the 500-800
blocks of W. Floyd Avenue .
c . Resolutions and Motions.
i.
ii.
Recommendation from the Department of Neighborhood and Business
Development to appra,ie a -supporting the 2000 Rail-Volution
Conference. STAFF souRC!:llark Graham, Senior Planner.
Recommendation from the Department of Neighborhood and Business
Development to adopl a 111 al 111111'1 supporting the Denver Regional Council
of Govemments' MetroVISion 2020 Plan. STAFF SOURCE: Mark Graham,
Senior Planner.
iii . Recommendation from the Department of Neighborhood and Business
Development to approve, br rnalan, the design contracts for design and
landscape assistance for the South Broadway Action Plan Implementation.
Staff recommends that contracts be approved with Cocallas & Hoskins and
Land Architects. STAFF SOURCE: Art Sclbelll, Bual.-. De,.,.lopment
Coordinator.
iv . Recommendation from the Department of Neighborhood and Business
Development to approve, br .nalDn, a letter of support for the Metro Cities
Coalition Brownfields Cleanup Revolving Loan Fund. STAFF SOURCES: Art
Sclbelll, Buel.-De:Pllap.Mftt Coordinator and Darren Holllngeworth,
Buel.-. Dewlap1M11I Speclallet..
v . Recommendation from the Department of Parks and Recreation to approve,
br rnalan, the purchase of a Skid Steer Loader. Staff recommends
awarding the contract to the low bidder, White Star Machinery, in the amount
of $23,031.00. STAFF SOURCES: Jerrell Black, DINCtar of Para and
Rec:rNllon and Dave LN, Manager of Open Spece.
PIWe nol9: If you._. a«• 111a, and lad....., alda or wtta11, ....... nolfy .. Clly ol lt .... •oocl
(303-712-2405) at ...... houn In ....... °' .... e.v1oea .. ......_ Tlwlk ,-..
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8nglewoocl City Council Agenda
Aprll 19, 1999
Page3
vi. Recommendation from the Department of Parks and Recreation to approve,
br malan, the purchase of two Jacobsen Tri-King mowers for golf course
maintenance. Staff recommends awarding the bid to the low bidder, Mile
High Turf Equipment, Inc., in the amount of $32,772.00. STAFF SOURCES:
Jerrell Black, Director of Partcs and Recreation and Dave Lee, Manager
of Open Space.
11. Regular Agenda.
a. Approval of Ordinances on First Reading.
Council BIU No. 28 -Recommendation from the Department~f Fi ·
Services to adopt a bill for an ordinance creating a Housing ·
Fund and designating the fund an •enterprise.• STAFF SOUR : Frank
Gryglewlcz, Director of Financial Ser.1cea.
b. Approval of Ordinances on Second Reading.
~ 1-0i. Council Bill No . 21, authorizing the execution of lntergovemmental
_J j :fr Subgrantee Agreements for the 1999 Arapahoe County Community ,,.. I Devemnent Block Grant Program. Iµ!; '1'()' BJK . . JJ ;p ii. ~ncil Bill No . 22, authorizing an lntergovemmental Agreement with the
(I' Englewood Housing Authority for the purpose of improving coordination and
clarifying respective obligations.
Council BIU No. 23, approving amendments to the Englewood Municipal
Code concerning permit fees for governmental construction work.
c. Resolutions and Motions.
Recommendation from the Department of Financial Services to adopt a
=approving the~er of Pro;ect Build Fund to the
Fund. STAFF : Frank Director of Flnanclal
S.flCN.
Recommendation from the Englewood Environmental Foundation to adopt a
......_ supporting a Fnt Amendment to the Pre-Development Agreement
of the CityCenter proiect. STAFF
SOURCE· . Director, Englewood EnvlNN-lltal
Recommendation from the Department of Financial Services to adopt a
.-at ar approving a supplemental appropriation and transfer of fundl from
lhe General Fund to the Authority for legal
services. STAFF DINclDr of Pl.wlalal .......
Plawnala: .,.. ..... fl ,., ..... ...., ......... 111, ....... ...._ .. _ ........
(JOl.1U-MII) al ..... 41 houre In...._ ............. ---. 11111* ,mL
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Englewood City Council Agenda
April 19, 1999
Page4
iv . Recommendation from the Department of Public Works to approve, by
molion, a construction contract for Concrete Program 1999. Staff
recommends awarding the contract to the low bidder, Concre~e W
Colorado, Inc. in the amount of $122,630.00. STAFF SOUR : Rick Kahm,
Acting Director of Publlc Works.
12 . General Discussion .
a . Mayor's Choice.
b . Council Members' Choice.
13. City Manager's Report.
a. Englewood CityCenter Update.
14. City Attorney's Report. /
Adjournment.
The following minutes were transmitted to City Council between 4/1/99 -4/15/99:
• Englewood Firefighters Pension Board meeting of October 8, 1998
• Englewood Police Pension Board meeting of October 8, 1998
• Englewood Non-Emergency Pension Board meeting of November 4, 1998
• Englewood Non-Emergency Pension Board meeting of November 18, 1998
• Englewood Non-Emergency Pension Board meeting of January 12, 1999
• Englewood Non-Emergency Pension Board meeting of February 2, 1999
• Englewood Code Enforcement Advisory Committee meeting of February 17, 1999
• Englewood Planning and Zoning Commission meeting of March 2, 1999
• Englewood Cultural Arts Commission meeting of March 3, 1999
• Englewood Liquor Licensing Authority meeting of March 3, 1999
• Englewood Public Library Board meeting of March 9, 1999
• Englewood Parks and Recreation Commission meeting of March 11, 1999
PINN nola: If you haw a dlublllly and nw1 aadlary alda or wvloN, plaw na11r a. Clly of & ... mood
(303-712-2405) at INet 41 houra In advwlce ol whan ~ .. M8Clacl-1-* ,-.
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AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
MONDAY, APRIL 19, 1999
7:30 P.M.
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1. Call to order. 1/:3:). p,,t")
Invocation. A}~
Pledge of Allegiance . ff}a.ytn ~
2.
3.
4.
6 .
Roll Call. ?~
Minutes.
a. Minutes from the Regular City Council meeting of April 5, 1999.
b. Minutes from the Special City Council meeting of April 12, 1999.
Scheduled Visitors. (Please limit your presentation to ten minutes.)
a. Charles Schaefer and Sonya Stillmock will be honored as winners of the Cinderella
City Re-naming Contest.
b. Representatives of the National Highway Traffic and Safety Administration and the
Colorado Department of Transportation will present Community Relations Officer
Nancy Peterson with an award for her efforts at promoting traffic safety.
c. Brief Reception.
7 . Non-Scheduled Visitors. (Please limit your presentation to five minutes.) f25
8 . Communications, Proclamations, and Appointments. j2f'
9. Public Hearing. (None scheduled)
PINN noe.: "you have• dlaablllty and need auxllary alda ar • tla11,,.... notify 11w Clly ot 11 ..... ood
(303-712-2405) at INat 41 hours In advance of w1w1 _,,... .. ......_ Tlwlk you.
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Englewood City Council Agenda
April 19, 1999
Page2
10. Consent Agenda .
a . Approval of Ordinances on First Reading .
i. v Council Bill No. 27 -Recommendation from the Department of Public Works
to adopt a bill for an ordinance approving two Public Service Company
easements at Romans Park. STAFF SOURCE: Rick Kahm, Acting
Director of Public Works.
ii. V Council Bill No. 29 -Recommendation from the Utilities Department to adopt
a bill for an ordinance approving Southgate Supplement #143. STAFF
SOURCE: Stewart H. Fonda, Director of Utilities .
• · b . Approval of Ordinances on Second Reading. ,,
/~ .J.d: j.O i. v Council Bill No. 19, approving the grant of an easement to Centennial Water Off' /1.l) Cf" and Sanitation District.
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• J ltJ I ii. v Council Bill No. 26, approving the vacation of a right-of-way in the 5~800
(fl'. blocks of W . Floyd Avenue .
•
c . Resolutions and Motions.
iii.
iv .
V.
Recommendation from the Department of Neighborhood and Business
Development to approve a motion supporting the 2000 Rail-Volution
Conference. STAFF SOURCE: Mark Graham, Senior Planner.
Recommendation from the Department of Neighborhood and Business
Development to adopt a resolution supporting the Denver Regional Council
of Governments' MetroVision 2020 Plan . STAFF SOURCE: lllark Graham,
Senior Planner.
Recommendation from the Department of Neighborhood and Business
Development to approve, by motion, the design contracts for design and
landscape assistance for the South Broadway Action Plan Implementation.
Staff recommends that contracts be approved with Cocallas & Hoskins and
Land Architects. STAFF SOURCE: Art Scibelll, Buaineu Dewlopment
Coordinator.
Recommendation from the Department of Neighborhood and Business
Development to approve, by motion, a letter of support for the Metro Cities
Coalition Brownfields Cleanup Revolving Loan Fund. STAFF SOURCES: Art
Sclbelll, Busiwa Dewlopment Coordinator and Darren Holllngawot'th,
Bualneu Dewlopment Speciallat.
Recommendation from the Department of Parks and Recreation to approve,
by motion, the purchase of a Skid Steer Loader. Staff recommends
awarding the contract to the low bidder, White Star Machinery, in the amount
of $23,031 .00 . STAFF SOURCES: Jerrell Black, Dl1'9Ctor of Parka and
Recreation and Daw LN, Manager of Open Space.
PINN nola: It you have a dlubillty and IINd auxlllary alda or Nt'Vlcea, plNae nollly the City of l11glHood
(303-782-2405) at lust 48 hours In advance of when Nrvlcea .. needed. ThMk you.
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t;nglewood City Council Agenda
April 19, 1999
Page3
vi. Recommendation from the Department of Parks and Recreation to approve,
by motion, the purchase of two Jacobsen Tri-King mowers for golf course
maintenance . Staff recommends awarding the bid to the low bidder, Mile
High Turf Equipment, Inc., in the amount of $32,n2.00. STAFF SOURCES:
Jerrell Black, Director of Parks and Recreation and Dave Lee, Manager
of Open Space.
11 . Regular Agenda.
a .
b .
Approval of Ordinances on First Reading .
i. Council Bill No. 28 -Recommendation from the Department of Financial
Services to adopt a bill for an ordinance creating a Housing Rehabilitation
Fund and designating the fund an "enterprise." STAFF SOURCE: Frank
Gryglewlcz, Director of Financial Services.
Approval of Ordinances on Second Reading .
i. / Council Bill No. 21 , authorizing the execution of Intergovernmental
--J.4'1) Subgrantee Agreements for the 1999 Arapahoe County Community
f?' Development Block Grant Program.
ii. J Council Bill No. 22, authorizing an Intergovernmental Agreement with the
~(,,~~ "\. • ;,, Englewood Housing Authority for the purpose of improving coordination and f':~~ ·~· clarifying respective obligations .
tfl'-(JI" iii. (i Council Bill No. 23, approving amendments to the Englewood Municipal ~-j.J.~ Code concerning permit fees for governmental construction work.
1-0 ~~ c. Resolutions and Motions.
~ , i. Recommendation from the Department of Financial Services to adopt a
n . ..I. iflt resolution approving the transfer of funds from the Project Build Fund to the
~· General Fund . STAFF SOURCE: Frank Gryglewlcz, DirKtor of Financial
•
Services.
, ii. Recommendation from the Englewood Environmental Foundation to adopt a
resolution supporting a First Amendment to the Pre-Development Agreement
!JJ with Miller/Weingarten for development of the CityCenter project. STAFF
SOURCE: Bob Simpson, Board Director, Englewood Environmental
Foundation.
, iii . Recommendation from the Department of Financial Services to adopt a
resolution approving a supplemental appropriation and transfer of funds from
{) .i$1 the General Fund to the Englewood Urban Renewal Authority for legal
fJI"; services . STAFF SOURCE: Frank Gryglewlcz, Director of Financial
Services.
PINN note: If you have a dlubillty and need auxiliary aida or aervlc:N, plNN nollfy the City ol Englewood
(303-762-2405) at luat 41 hcu's In advance ol when HMCN .. needed. Thank you.
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1. Call to order.
2. Invocation .
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AGENDA FOR THE
REGULAR MEETING OF
,.
THE ENGLEWOOD CITY COUNCIL
MONDAY, APRIL 19, 1999
7 :30 P.M.
3 . Pledge of Allegiance .
4 . Roll Call .
5. Minutes .
a . Minutes from the Regular City Council meeting of April 5 , 1999.
b . Minutes from the Special City Council meeting of April 12, 1999.
6 . Scheduled Visitors. (Please limit your presentation to ten minutes.)
..
a . Charles Schaefer and Sonya Stillmock will be honored as winners of the Cinderella
City Re-naming Contest.
b . Representatives of the National Highway Traffic and Safety Administration and the
Colorado Department of Transportation will present Community Relations Officer
Nancy Peterson with an award for her efforts at promoting traffic safety .
c . Brief Reception .
7 . Non-Scheduled Visitors . (Please limit your presentation to five minutes .)
8 . Communications, Proclamations, and Appointments.
9 . Public Hearing . (None scheduled)
PINN nota: If you have• dlNblllly and I.al 8lldlary alda or •w1a 11, ....... namy n. City of 11,gte•ood
(303-712-2405) at INat 41 hours In ...... of~ NrvloN .. ......_ T-* ,au.
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Englewood City Council Agenda
April 19, 1999
Page2
10. Consent Agenda .
a . Approval of Ordinances on First Reading .
i. Council Bill No . 27 -Recommendation from the Department of Public Works
to adopt a bill for an ordinance approving two Public Service Company
easements at Romans Park . STAFF SOURCE: Rick Kahm, Acting
Director of Public Works.
ii. Council Bill No. 29 -Recommendation from the Utilities Department to adopt
a bill for an ordinance approving Southgate Supplement #143. STAFF
SOURCE: Stewart H. Fonda, Director of Utllltles.
b. Approval of Ordinances on Second Reading.
i. Council Bill No . 19, approving the grant of an easement to Centennial Water
and Sanitation District.
ii. Council Bill No. 26, approving the vacation of a right-of-way in the 500-800
blocks of W. Floyd Avenue .
c . Resolutions and Motions.
i. Recommendation from the Department of Neighborhood and Business
Development to approve a motion supporting the 2000 Rail-Volution
Conference. STAFF SOURCE: Mark Graham, Senior Planner.
ii. Recommendation from the Department of Neighborhood and Business
Development to adopt a resolution supporting the Denver Regional Council
of Governments' MetroVision 2020 Plan . STAFF SOURCE: Mark Graham,
Senior Planner.
iii. Recommendation from the Department of Neighborhood and Business
Development to approve, by motion, the design contracts for design and
landscape assistance for the South Broadway Action Plan Implementation.
Staff recommends that contracts be approved with Cocallas & Hoskins and
Land Architects . STAFF SOURCE: Art Sclbelll, Bualwa Dewlopment
Coordinator.
iv. Recommendation from the Department of Neighborhood and Business
Development to approve, by motion, a letter of support for the Metro Cities
Coalition Brownfields Cleanup Revolving Loan Fund. STAFF SOURCES: Art
Sclbelll, Buslwa o.v.topment Coordinator and o.n.n Holllnpworth,
Bualnea Development Speclallst.
V. Recommendation from the Department of Parks and Recreation to approve,
by motion, the purchase of a Skid Steer Loader. Staff recommends
awarding the contract to the low bidder, White Star Machinery, in the amount
of $23,031 .00. STAFF SOURCES: Jerrell Black, Dl1'9Ctor of Parka and
Recreation and Daw LN, Manager of Open Space.
PINN nca: If you haw• dlaablllty and need auxlllary aids or NrVloN, plNN nollfy a. City GI 11 .... ood
(303-712·2405) at lust 48 hours In advance GI when NrvlcN are IINded. Thank ,au .
.....
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~nglewood City Council Agenda
April 19, 1999
Page3
vi. Recommendation from the Department of Parks and Recreation to approve ,
by motion, the purchase of two Jacobsen Tri-King mowers for golf course
maintenance. Staff recommends awarding the bid to the low bidder, Mile
High Turf Equipment, Inc., in the amount of $32 ,772 .00. STAFF SOURCES:
Jerrell Black. Director of Parks and Recreation and Dave Lee, Manager
of Open Space.
11 . Regular Agenda.
a . Approval of Ordinances on First Reading .
i. Council Bill No . 28 • Recommendation from the Department of Financial
Services to adopt a bill for an o rdinance creating a Housing Rehabilitation
Fund and designating the fund an "enterprise." STAFF SOURCE: Frank
Gryglewlcz, Director of Flnanclal Services.
b . Approval of Ordinances on Second Reading .
i. Council Bill No. 21, authorizing the execution of Intergovernmental
Subgrantee Agreements for the 1999 Arapahoe County Community
Development Block Grant Program .
ii. Council Bill No. 22, authorizing an Intergovernmental Agreement with the
Englewood Housing Authority for the purpose of improving coordination and
clarifying respective obligations .
ii i. Council Bill No . 23, approving amendments to the Englewood Municipal
Code concerning permit fees for governmental construction wori(.
c . Resolutions and Motions .
i. Recommendation from the Department of Financial Services to adopt a
resolution approving the transfer of funds from the Project Build Fund to the
General Fund. STAFF SOURCE: Frank Gryglewicz, Dlr9Ctor of Flnancial
Services.
ii . Recommendation from the Englewood Environmental Foundation to adopt a
resolution supporting a First Amendment to the Pre-Development Agreement
with Miller/Weingarten for development of the CityCenter project. STAFF
SOURCE: Bob Sirnpeon, Board Director, Englewood Environmental
Foundation.
iii. Recommendation from the Department of Financial Services to adopt a
resolution approving a supplemental appropriation and transfer of funds from
the General Fund to the Englewood Urban Renewal Authority for legal
services. STAFF SOURCE: Frank Gryglewlcz, Director of Financial
Services.
PINN noe.: It you have• dlublllty and need......, alda or wvlcN, plaw nollty the City of Englewood
(303-712-2405) at INat 41 how8 In advance of WMft aarvlcN.,. neaclad. Tlwlk you.
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Englewood City Council Agenda
April 19, 1999
Page4
iv. Recommendation from the Department of Public Works to approve, by
motion, a construction contract for Concrete Program 1999. Staff
recommends awarding the contract to the low bidder, Concrete Works of
Colorado , Inc. in the amount of $122,630.00. STAFF SOURCE: Rick Kahm,
Acting Director of Public Works.
12. General Discussion .
a . Mayor's Choice .
b . Council Members' Choice .
13. City Manager's Report .
a . Englewood CityCenter Update.
14. City Attorney's Report .
Adjoumment.
The following minutes were transmitted to City Council between 4/1/99 -4/15/99:
• Englewood Firefighters Pension Board meeting of October 8, 1998
• Englewood Police Pension Board meeting of October 8, 1998
• Englewood Non-Emergency Pension Board meeting of November 4, 1998
• Englewood Non-Emergency Pension Board meeting of November 18, 1998
• Englewood Non-Emergency Pension Board meeting of January 12, 1999
• Englewood Non-Emergency Pension Board meeting of February 2, 1999
• Englewood Code Enforcement Advisory Committee meeting of February 17, 1999
• Englewood Planning and Zoning Commission meeting of March 2, 1999
• Englewood Cultural Arts Commission meeting of March 3, 1999
• Englewood Liquor Licensing Authority meeting of March 3, 1999
• Englewood Public Library Board meeting of March 9, 1999
• Englewood Parks and Recreation Commission meeting of March 11, 1999
PINN notie: If you have• dlaablllly and need...-, aide or W¥loN, pllW ...., .. ca, ol lr\:allaood
(30S-712·2405) at ..... 41 houra In...,.._ olwhen NrvloN .. ......_ 1'** ,ou.
...
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PUBLIC COMMENT ROSTER
AGENDA ITEM 7
NON-SCHEDULED VISITORS
APRIL 19, 1999
NON-SCHEDULED VISITORS MAY 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
CCSIGN1
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May 3, 1999
Regular City council Meeting
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