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HomeMy WebLinkAbout1998-01-05 (Regular) Meeting Agenda]- • • • .. REGULAR CITY COUNCIL MEETING JANUARY S, 1998 I • ORDINANCE t/.h~,K,f,ft"',Y, /,?, lY, ,<. /13, 14, 15 RESOLUTION t /, ~ 3, 4, 5, 6, 7, 8, 9 ,. -. . , . • • .. 0 • • • 0 • • - - • • t• . • ' ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Rqular Seuloa Ju11ary 5, 1991 I. Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Bums at 7 :47 p.m. 2. Iavocatlon The invocation was given by Council Member Nabholz. 3. Pled&e ol Allqiuce The Pledge of Allegiance was led by Mayor Bums. 4. llallCall Present: Ablent : Council Members Nabholz, Clapp, Garrett. Bradshaw, Habenicht, Waggoner. Bums None A quorum was present. S. Millata Also present: City Ma-,cr Sears City Auomey Bnlmnan City Clerk Ellis Munic:ipll C.n JUIIF A1eaCio Din:ictor SilllplDII. ~ aad .... De\ lllf I I Neigbllorbood ud Envi.-Tocllaic:iaa l.allpt Public Information Officer l'lulceldli (a) COUNCIL MEMaER allADSHAW MOVED, AND IT WAS HCONN9, 10 APPROVE THI MINUTES OF THI REGULAR MEETING OF DECEMaEa 15, '"'· Ayes : Council Members Nabllolz. Gam:tt. Bradshaw. Habeaicht. Waggoner. Clapp. Burns Nays : None Mouon carried. (a) Doug Maacy 5lalcd he is the owner of Mini Food Store, oa South Federal and the corner fl Union . He advised that he. and his wife Nazncen Massey , were present to bring fonJI his COllllCl1I reprding the traft"IC changes thal have been made on Union Avenue . He said he has been trying to ftlQR out whit approach he should 111e to lel evet)tJody know hi s concern and thought maybe this would be the bell way . The main concern he has is that since the tnd clri~rs ha~ quit coming towards bis 11ore be has loll quite a bit of business. He DOied that in the last three to four months it has declined "'- • J • • • 0 -. - Ell&lewood City C•acll J-ary 5, 1991 Pa,:e 2 '· ,, ~ • • ,... • from 25% on down to 32% last month. These folks, he said. have been coming to his store for the last ten, fifteen years and the store has been there over fifteen years. But. he pointed out, all of a sudden the routes have changed and it has affected his business tremendously. Mr. Massey explained that when he purchased the business in 1993 his lllldcrstanding was that that area was industrial, it was Centennial lndullrial Part. He commented that he didn'I realiu that ewntually all of these changes were going to come aruund. odierwiae he -.Id have a made a diff'crent decision on the business part. He said he UDdcnlood City engineen asked Waste Management. S & H and the odlcr bu•incnrr down there. to take the allemltc n1U1c and go oo IOwanl Santa Fe. He rcitcralcd it bu really affected his business quite a bit. Mr. M.-y llated tllat ia July of last year he acquired mc,n: land bchiad bis IIOrc to make -- changes and impnwe llil busi-. Bui since this thing bu come around. he advised, be is IICI( SUR what to do with dull. At )lftlell( lime, be said. that lot bu n:sidenlial zoning. He cxplaiaed be -.Id bring it up to the City and 8* for a zoning chaJIIC. but he is just waiting for the City to decide as to what they arc going to do about Unioa A-. Tbcn be -.Id want lo pursue what ever the City wants to do. Mr. M.-y commented tllat the City Im always been very nice to him. they bave always been very helpflll . Anytime be bu needed -help they have always been veiy helpful. So, he advised. he has no concerns in qard to that He llated there has been a competition down the street from him. He ranartcd that be ._.t milld dlcmapditioa. but be wishes ii was across the street. As that-.ld bave been easy for Ilia IO ID dlec:t die dliap 111d tllllke the c:hanFI, but lhe traffic bu chanFcl. OIi towards that side. Mr. M.-y ...,.. lie Ukes IO be OIi the same business level and if everything is on the same level he -.Id be lllppy ID cklll widl it. BIii. bc said. be feds al this .-nicular time he is disadvantaged. He said these arc die diiap lie w.-d ID brillg to COUDCil's altcDlion. bow much it has really affected bis business. Mr. M.-y aplaiaed dlll bc -IOld originally tllat this was IClllpOnUy ud a decision -.Id bc made very 111118 . He aid lie ._.t ICC aaylhing thal has rally happened in the last few months. He noted bc has i.. )lllicaly wailiag tor llllllelhing to happen ud nolhing Im happened . ...,_ a.. advised dlll on ~ I,,. c-il is scllcduled to bave a Study Senion on the Ind .... ill .... __ So. lie ....... dlcy aR ~. allcad with that. c.-:il ...._.. ......... 8*ed if we lla¥C plellillilDd aiy driving ofuy Ind R1U1c1 on Uaion. She llillwc a.-'t .. a ..... ...,_ a..taid llc ....... WC bave aot doae dlll •a City, 1h11 it is ~. City......, Scan laid lie ....... it -polled. IIO tnDI or limited size of trucks, OIi 1h11 paniel. He 8*ed Dilmor Siapllia IO...._ 11111 . c.-:il Mllllller Nlbllolz said sllc dlollpl Palcaa Puacerelli put a fl,cr out. City Maaqer Scan llalOd dlll Nllic Worts did dlll. City M....-Scan asked Direc:1or Simp11111 if then: is a limit on Ind size or Ind RlUlC along Union A-. Mr. Si...,.. advited he bdicwd 11111 uw:t ftlUlcl arc clesipllled by size of INCb. Mayor a..8*ed ifthal is recent or ifil bu been thal way •-time. Direc:lor SimplOII said it did DOI "-· Mayor Bura noted that he thougbl Rick Kahm of Public Worts has IIIOll of the backpound on this. City Maaa,cr Scan advised that he and Director Chuck Estcrty fflCI with Mr. M.-y and IOlcl him about the I~ meeting. as a lime for him to come up. Again, he said. it was to be a public macting at that time and there was going to be public input in terms of what -.Id be hlppcning. Mr. Scan llalOd there was rally no counc of action the staff' was proposing until the 19"". City Maaa,cr Scan said be could DOI advilC exactly what 1he limi1a1ion m 1ruc1t routes an:. • ' .. ., • • 0 I - • Englewood City Council January 5, 1998 Pagel • • • Council Member Habenicht said that her understanding is that the 19th is a Study Session and there won't be public input. City Manager Sears stated that is correct. it is just a Study Session. Cowicil Member Bradshaw advised Mr. Massey he would be welcome to come listen. In response to Council Member Bradshaw. Mr. Massey indicated he has lost 2~% to 32o/o of his business since the truck routes were changed. around August/September. Mr. Massey stated he asked Rick Kahm, a few weeks ago, what was happening or when the temporary decision would become permanent. He said Mr. Kahm told him he really did not know, that at that particular time nothing had been decided . Mr. Kahm's comment to him was that he was not sure if this was a traffic problem or a mning problem, but that they have advised the truck drivers. voluntarily. not to come around that way. Mr. Massey said, just for Council's information. that it is not voluntary, because he has drivers come in in the evening that complain about these things. He noted they have been coming to his store all these years and they said they have been told not to come that way . Council Member Habenicht said. it is her understanding. Waste Management and the cement company. not the City, are telling the truck drivers this. She asked if that is true . Mr. Massey stated it is his understanding the City has told Waste Management and S and H not come around that way . City Manager Scars said he would ask that Council consider this at the Study Session. He commented that he understands this issue was raised due to neighborhood complaints about truck traffic in that area. Mr. Scars noted he does not know exactly who said what to whom and he requested Council wait for the Study Session, at which time the Public Works Department can express exactly what was indicated and the reasons why they may have made comments or contact with Waste Management . Mr. Massey stated he agreed with City Manager Sears 100"/o. that that was why he was here. just to let everybody know his side of the story. He said he was here last time the neighbors were here and he has also been told by his business neighbors down the street that he should start a petition . He commented that he would like to wort together with the City, that he is not here against any neighbor or anything. He said he just wants everybody to know his concerns. Mr. Massey reiterated it has affected his business and he just wants everybody to know that . He said he was going to send a letter to everybody, but after talking around he thought the be5I way to get his message across was to co1ne down here and address Council . 7 . NOll-ldledlded Viliten (a) Norlccn Norden. Vice Chair of the Englewood Housing Authority, advised she has been on the board for about 12 or 13 years now. She said she found out IOday that there arc three items on the Agcncla tonight that affect both the Housing Authority and the City. Ms . Norden stated she would like to take this opportunity to let the City and Council know how much the Housing Authority has enjoyed the relationship they have had with the City in the past. She commented that she has been very active in national organii.ations and knows a lot of communities across this country that don ·1 have the very collaborative relationship that Englewood enjoys. She said she just wanted to take this opportunity to thank Council for that and, to let them know, the programs the Housing Authority has administered on behalf of the City over the past few years have been programs they feel very strongly about. She noted they believe they have done some wonderful things in this community. Ms. Norden explained that as she recalls it was in 1985, over ten years ago, that the Housing Authority sort of broke away from the City through an intergovernmental agreement. Based on that agreement. she advised, they set out some guidelines in terms of what the City was asking the Housing Authority to do and what the City would do on behalf of the Housing Authority. That agreement , she stated. is really pretty outdated now. II is one of the main reasons they fell ii was really important that they update that agreement. Also, 10 put in writing, some agreements between the Housing Authority and the City for programs they arc administering on behalf of the City without any kind of guidelines or direction from the City. She noted it has sort of been ., •· • 0 , J - - En~ood City Council January 5, 1998 Page4 '· • • t• - based on an annual meeting they have had in conjunction with the Council. where they told the Housing Authority what they want them to do and what their goals are. She opined they have been able to do a real fine job. Ms. Norden advised that she thinks it is time. and on behalf of the Board. they have asked their Executive Director to move forward with Bob Simpson and to put some things in writing. She said she is bopcful Council will take a look at what is being presented to them tonight as a starting point of really spelling out what Council wants the Housing Authority to do on their behalf. Hopefully. she noted, they will then have a clearer picture of what that is. She thanked Council. in advance, for taking some time to lake a look at the ordinances that are being presented. She said that hopefully they will be able to carey on and adminiSICr the programs the way they would like to have them administered. (b) Cheryl St. Clair, Executive Director of the Housing Authority, said she did not want to repeat everything Ms . Norden just said, but she did want to clarify a few points and a few misc:ommunications that she has heard on these particular agreements. First. she said. she would like to make it very clear that this is not an attempt. in any way. to change any of the programs that are now existing and have been running so well. as Ms . Norden just mentioned. She advised that they have been adminislering the COBO Program for a long time . The Housing Authority has taken about S4 million in COBO grants to the City and lcvcragcd those with about S4 million in private funding thal the Housing Authority has gone out and garnered . Ms. SI . Clair stated they have served over 600 families with all this funding. Thal program. she pointed out. has absolu1ely shown itself to be a program lhat you can have a loC of pride in. She said ii is a statewide example of how this program should be run. She emphasized they have no intention of changing any of that. that this is a clarification of what would be the besl way to administer the program . It is the same with Project Build. she stated. in no way do they want to change the program, this is really just a clarification of who does what, what guidelines Council wishes them to follow, what their goals should be as to how many houses they actually get done during the year. She said they just want to get that in writing. for as Ms . Norden noted. they have nothing on Project Build that is in writing. Ms. St. Clair advised she has spent a lot of time with the City staff. City Attorney, Director of Neighborhood and Business Development. as well as his staff. She stated they all agreed on these agrccmcnts. that this is the best way to administer these programs for the citi7.ens of Englewood. There are a lot of things going on out there that Council may have heard. she said. and she just wanted to clarify that in no way are they trying to throw the program up in the air and see where it may fall. This. she stated. is really just an administrative change as far as which employees work for whom and under whose supervision and what repons Council would like to sec them bring back each quaner and those kinds of things. 1bat. she said. is really where they are at. Ms. St. Clair advised she would like to sec the programs actually expand and improve and they have talked about that together. How they can expand the rehab program into some home ownership programs and expand the Projccl Build program to include some more contractors and include some more appraisals and get some new designs brought in to the City. 1bat. she said. is really what their plan is and they are going to do that with Council's suppon and in conjunction with the City staff. She stated that is really what she wanted to communicate to Council . 8. Commuakatlona, Proclamation• and Appoiatae11t1 (a) Council received a letter from Marge Schwindt indicating her resignation from the Englewood Public Library Board. COUNCIL MEMBER HABENICHT MOV!D, AND IT WAS SECONDED, TO ACCEPT WITH REGRET THE RESIGNATION OF MARG! SCHWINDT FROM THE ENGLEWOOD PUBLIC LIBRARY BOARD. Ayes : Nays : Motion carried. • Council Members Nabhol7, Garrett. Bradshaw. Habenicht, Waggoner, Clapp, Bums None . . . , •· • 0 , - Englewood City Council January 5, 1998 Page5 (. • • • On behalf of Council . Mayor Burns offered their heartfelt thanks to Ms. Schwindt for her service on the Library Board . (b) Council received a letter from Kris Styes indicating her resignation from the Englewood Planning and Zoning Commission . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO ACCEPT Wlm REGRET THE RESIGNATION OF KRIS STYES FROM THE ENGLEWOOD PLANNING AND ZONING COMMISSION. Ayes : Council Members Nabholz, Ganett. Bradshaw, Habenicht, Waggoner, Clapp, Burns Nays : None Motion carried. (c) Mayor Burns noted that Englewood had an election this fall to elect a judge for the Municipal Court and Lou Parkinson, who served 20 years, did not run for that office again. He commented that the City of Englewood has the only elected judge in the State of Colorado. Mayor Burns staled that Vincent Atencio was elected Municipal Judge and he will be sworn in this evening. He said it was his great pleasure and honor lo welcome Judge Leopold of the Arapahoe District Court. who he knows through the Bar and is an old personal friend. Englewood Municipal Court Judge Vincent Atencio was sworn in by the Honorable Judge Leopold . Judge Vincent Atencio was robed by his wife , Debra Atencio. Mayor Burns offered Judge Atencio congratulations on behalf of Council . (d) Brief Reception Council reiccssed the meeting al 8: 10 p.m . for a brief receplion in honor of Judge Vincent Atencio. 1be meeting reconvened at 8 :32 p .m . with all Council Members pn:sent. 9. PHlic Beuilta No public bearing -schcdulcd beforc Council . 10 . CoalelltAlftNla (a) Approval ofOrdinanca on Fini Reading MAYOR BURNS REMOVED It (a) (i) ntOM THE CONSENT AGENDA. (i) COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO SET A PUBLIC HEAIUNC FOil RBRUARY 2, 1991 TO GATHER CITIUN INPUT ON COUNCIL BILL NO. I . Ayes : Council Members NabholL. Gamet, Bradshaw. Habenichl . Wagoner, Clapp, Bums Nays : Nolle Motion carried . . ' • . • • 0 I I )- • • • (. Ea&tewood City Council J-ary 5, 1998 Pap:6 The City Clerk was asked to read Council Bill No . I by title: COUNClL BILL NO . I, INTRODUCED BY COUNCIL MEMBER BRADSHAW A Bill FOR AN ORDINANCE AMENDING TITI.E 16, CHAP'IBR 4, SECTION 17, OF THE ENGLEWOOD MUNICIPAL CODE 1985 BY REPEALING TITI.E 16-4-17 AND ENACTING A NEW Till.E 16, CHAPTER 4, SECTION 17, ENTITI.ED FENCES. WALLS AND VISUAL BARRIERS . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEM 10 (a) (I)· COUNCIL BILL NO. I, ON FIRST READING. Motion carried . Ayes: Council Members Nabhol7~ Garrett. Bradshaw, Habenicht, Waggoner, Clapp, Bums Nays : None (ii) COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITI.M 10 (a) (ii) -COUNCIL BILL NO. l, ON FIRST READING. COUNClL BILL NO . 3, INTRODUCED BY COUNCIL MEMBER WAGGONER A BILL FOR AN ORDINANCE AUlliORIZING THE EXCHANGE OF TWO PARCELS OF PROPERTY LOCATED AT UNION A VENUE AND THE SOUlli PLATTE RIVER BETWEEN THE SOULE TRUST PARTNERSHIP AND THE CITY OF ENGLEWOOD, COLORAOO. Voteraulta: MOlion carried. Ayes : Council Members Nabbolz. Garret!, Bradshaw. Habcnichl, Waggoner. Clapp. Bums Nays: None (b) Approval ofOnlinanccs on Second Reading COUNCIL MEMBER BRADSHAW RI.MOVED AGENDA ITI.M II (II) (I) ntOM THI CONSENT AGENDA. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPllOVE CONSENT AGENDA ITEMS II (It) (ii), (iii), (IY), M, (~). (Yi), (ril), (Is), (s) aN(u) ON SECOND READING. (ii) ORDINANCE NO . I. SERIES OF 1997/1998 (COUNCIL BIU. NO . 102 . IN'J1t0DUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE APPROVING A LICENSE AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE REGIONAL TRANSPORTATION DISTRICT (RTD) TO ENCLOSE CITY DITCH AT THE MINERAL A VENUE PARK-N-RIDE WEST OF SANT A FE DRIVE. (iii) ORDINANCE NO . 2. SERIES OF 1997/1998 (COUNCIL BILL NO . 103, INTRODUCED BY COUNCIL MEMBER WAGGONER) .. • • 0 , - - Englewood City Cwncil Juuary5, 1991 Paie7 • • t• • AN ORDINANCE APPROVING AN IN'JcROOVERNMENTAL AGREEMENT FOR A TEMPORARY AGREEMENT BETWEEN 11IE CITY OF ENGLEWOOD AND CENTENNIAL WATER AND SANITATION DISTRICT TO PROVIDE ADDmONAL WATER TO CENTENNIAL UNTIL A PERMANENT AGREEMENT IS APPROVED . (iv) ORDINANCE NO. 3, SERIES OF 1997/1998 (COUNCIL BILL NO. 104, INl'RODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE EXTENDING 11IE TEMPORARY SUSPENSION OR MORATORIUM PERTAINING TO 11IE ISSUANCE OF PERMITS AND 11IE GRANTING OF LICENSES FOR 11IE PROPERTY LOCATED BETWEEN YALE ON 11IE NORlll DELAWARE ON 11IE EAST, SANT A FE ON 11IE WEST AND DARTMOlTllt ON 11IE SOUJ'H . (v) ORDINANCE NO . 4, SERIESOF 1997/1998 (COUNCIL BILL NO . 108, INJ'RODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE AUTIK>RIZING AN EXTENSION FOR 1998-1999 OF AN INTEROOVERNMENT AL AGREEMENT BETWEEN 11fE UNITED ST A TES DEPARTMENT OF 11fE TREASURY BUREAU OF ALCOHOL. TOBACCO AND FIREARMS AND 11fE CITY OF ENGLEWOOD FOR 11IE IMPLEMENTATION AND CONTINUING OPERATION OF 11fE GANG PREVENTION TASK FORCE KNOWN AS GANG RESISTANCE EDUCATION AND TRAINING (G.RE.A .T .) PROGRAM IN BOTH PUBLIC AND PRIVATE SCHOOLS IN 11IE CITY OF ENGLEWOOD. COLORADO. (vi) ORDINANCE NO. S, SERIES OF 1997/1998 (COUNCIL BILL NO. 109, INTRODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE A1J11-IORIZING 11fE ACCEPTANCE OF COPS MORE 96 GRANT FROM 11IE UNITED STATES DEPARTMENT OF JUSTICE. OFFICE OF COMMUNITY ORIENTED POLICING SERVICES. (vii) ORDINANCE NO. 6. SERIES OF 1997/1998 (COUNCIL BILL NO . 110. INTRODUCED BY COUNCIL MEMBER WAGOONER) AN ORDINANCE AU11tOIUZING TIIE ACCEPTANCE OF LOCAL LAW ENFORCEMENT BLOCK ORAlff (UJ!BO) FROM 11IE UNITED STATES DEPARlMENT OF JUSTICE. OFFICE OF JUSTICE PROGRAMS. BUREAU OF JUSTICE ASSISTANCE . (viii ) ORDINANCE NO. 7. SERIES OF 1997/1998 (COUNCIL BILL NO. 111. IN11l0DUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE APPROVING SUPPLEMENT NO . 134 TO TIIE SOlTraGATE SANITATION DISTRICT CONNECTOR'S AGREEMENT Willi TIIE CITY OF ENGLEWOOD . COLORADO FOR 111E INCLUSION OF LAND WlllilN THE DISTRICT BOUNDARIES. (ix) ORDINANCE NO . 8, SERIES OF 1997/1998 (COUNCIL BILL NO . 112, IN11lODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE APPROVING SUPPLEMENT NO. 13S TO 11fE souraGATE SANITATION DISTRICT CONNECTOR 'S AGREEMENT Willi THE CITY OF ENGLEWOOD . COLORADO FOR TIIE INCLUSION OF LAND WlllilN TIIE DISTRICT BOUNDARIES. ,, ~ • ' ... • • 0 - • • • • • '· ~. Englewood City Council January 5, 1998 Pagel (x) ORDINANCE NO . 9, SERIES OF 1997/1998 (COUNCIL BILL NO. 113 , INTRODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE AUlllORIZING AN INTERGOVERNMENTAL AGREEMENT WHICH ACCEPTS AN ASSIGNMENT FROM THE HUDSON FOUNDATION TO SOUlll SUBURBAN PARK AND RECREATION DISTRICT, WHICH INCLUDES A CONSENT TO ASSIGNMENT AGREEMENT BY 111E CITY AND COUNTY OF DENVER, BOARD OF WATER COMMISSIONERS AND THE CITY OF ENGLEWOOD, COLORADO PERTAINING TO CITY DITCH WATER RIGHTS. (xi) ORDINANCE NO. 10, SERIES OF 1997/1998 (COUNCIL BILL NO. 114. INTRODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE AUlllORIZING 11IE ACCEPTANCE OF A VALE GRANT FROM THE VICTIM ASSISTANCE LAW ENFORCEMENT BOARD OF THE 18™ JUDICIAL DISTRICT. Vote raults: Motion carried. Ayes: Council Members Nabholz, Garren. Bradshaw. Habenicht, Waggoner. Clapp. Bums Nays: None (i) Council Member Bradshaw asked if Council Bill No. 98. regarding trash hauling licenses, precludes any resident from hauling his or her own trash. City Attorney Brotzman said no, any resident can get their own license. So. Ms . Bradshaw said. for her to put trash in her Ind and take it to dispose ol it. she would have to have a license. Mr. Brownan Slated that is a>rrect . Ms . Bradshaw asked if she had to have a license to move uuh from her property. Mr. Brouman llOICd aanattly that is the way it is written. So. Ms. Bradshaw COl1UllCllled. this would stop people from moving their own trash. Mr. Brotzman said that is correct. City Attorney Brownan said he should take that back. that if you arc noc doing it for a fee. if you arc helping your neighbor haul away trec branches, you don't have to get a license. If you charge your neighbor to haul it away, you have to get a lic:cnsc. Council Member Bradshaw stated she just needed clarif1C81ion . City Attorney Brotzman advilled you can do your own because you are noc going to charge yourself a fee . This is only if you are charging a fee . But. Council Member Waggoner said, you stiU have to pay a lic:cnscd hauler. You have to sign up with a lic:cnled hauler to haul your trash. Council Member Bradshaw said that is a clifJcmu ordinance. City Attorney Brotzman Slated Council Member Waggoner was saying if you arc going to do your trash weekly you would have to obtain a lic:cnse. Ms. Bradshaw asked if it is like a spring clc:an-ap thing, if you would be okay. City Attorney Brotzman advised that is line. you don't have to obtain a lic:cnse for that. Council Member Waggoner commented that there is also a proposed ordinance that requires everyone to sign up with a trash hauler. City Allomey Brotzman said that is correct . Then, Council Member Habenicht said. what Council Member Bradshaw indicated 1s true, that if she has some big piC(lCS 10 haul away and she has a friend who is willing lo haul them a~'ll)' for her she doesn't have to pay an extra fee 10 her trash hauler haul them away . Because. she noced. that is the way the ordinance reads, 1ha1 she has to have a private liccnscd 1rasl1 hauler to haul away her trash. City Attorney Brotzman said no, for instance when we had the big snow that broke all the tree limb5, you can haul away your own tree limbs, but the other proposed ordinance requires you to be signed up with a liccued trash hauler. So you have to be signed up with a licensed trasl1 hauler. Mr. Brotzman reiterated you don't have ,,,_ . ' .. • • 0 , ------------------------.'!""'"----------------,.~~----------------- • ·, • E•&kwood City c-il January 5, 1991 Pqe9 to get a lia:nse for those extra. bigger items you have, but you do have to be signed up with a licensed trash hauler under the other proposed ordinance. ORDINANCE NO . 11, SERIES OF 1997/1998 (COUNCIL BILL NO . 98 , INTRODUCED BY COUNCIL MEMBER CLAPP) AN ORDINANCE AMENDING TITI.E 15, CHAPTER 2, SUBSECTION 3, AND ENACTING A NEW TITI.E 5, CHAPTER 26 , OF THE ENGLEWOOD MUNICIPAL CODE WHICH PERTAINS TO TRASH HAULING LICENSES . COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM tt (I,) (I) -COUNCIL BILL NO. 91, ON SECOND READING. Ayes: Council Members Nabholz. Garrett, Bradshaw, Habenicht. Waggoner, Clapp, Bums Nays : None Motion carried. (c) Resolutions and Motions COUNCIL MEMH,R BRADSHAW REMOVED AGENDA ITEM 10 (c) (iii) FROM THE CONSENT AGENDA. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (c) (i) aad(ii). (i) RESOLUTION NO. I, SERIES OF 19911 A RESOLUTION DESIGNATING THE BULLETIN BOARD IN THE LOBBY OF ENGLEW<X>D CITY HAU. AS THE Of'flCIAL POSTING PLACE FOR ALL NOTICES OF THE CITY OF ENGLEWOOD . (ii) RESOLUTION NO . 2. SERIES OF 1991 A RESOLUTION FOR THE APPOINTMENT OF JOHN LOUIS PARKINSON AS AN ASSOCIATE MUNICIPAL ruDGE FOR THE CITY OF ENGLEW<X>D . COLORADO. Ayes : Council Members Nabholz. Garren, Bradshaw. Habeaicbt. Wagoeer, Clapp, Bums Nays : None Motion carried. (iii) Council Member Bradshaw commen1ed that Council has to dcsignale the Englewood Herald as the legal newspaper because it is the only game in town . So. she said. thcR is ... a choice there. City Clert Ellis advised thal she did I comparative Sludy ol tbc various IICWlpapCR and the reason we are doing it this way is because State Statute ICU the COIi 1hey can charge and there is cenain criteria regarding where they publish lhc newspaper. 1hc Herald is published wi1hin Arapahoe County . Council Member Bradshaw stated she jUSI hates to have a forced choice. that ii is like lhcR is no cboice. . , .. • • 0 I - • Englewood City Council January !I, 1998 Page 10 • • - COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO DESIGNATE THE ENGLEWOOD HERALD AS THE LEGAL NEWSPAPER FOR THE CITY OF ENGLEWOOD UNTIL MODlnED BY THE CITY. Motion carried. Ayes: Council Members Nabholz. Garrett. Habenicht. Waggoner, Clapp, Bums Nays: Council Member Bradshaw *. * * * Mayor Bums noted that item 10 (c) (ii) was a recommendation to adopt a resolution to appoint John Louis Parltinson as an Associate Judge. As it was approved, he must be sworn in. Associate Judge ParttinDI was sworn in by Englewood Municipal Coun Judge Atencio . 11 . Replar Ap4a (a) Approval of Ordinances on First Reading Dinx:tor Simpson stated that there arc three intergovcm1nental agreements for Council's amsideration, between the Englewood Housing Authority and the City of Englewood . He said he would be very brief. but he was going to address items 11 (a) (i). (ii) and (iii) in unison . He said he would like to echo the collaborative approach that we have taken in the development of these intergovcmrnental agreements. Mr. SimpllOO advilCCI he would give Council some background . When he arrived here two years ago. there were a lot of priorities that he nccdcd to look at and one of those priorities was the relationship that existed between the Englewood Housing Authority and the City of Englewood . He opined that one of the things you do is prioritize. He stated he feels there arc a lot of positives and successes that have occurml between our two agencies and these documents cdcbrale those SU<XlCSICS . But. he pointed out , there arc some thinp thal do need to be addressed and these documents also address those issues. Mr. Simpson maintained that. the fact that they have been working on thele for the past two years. is some teswncnt to the need lo begin to move forward on them. He explained they have had some setbacks due to staff changes and those have crated some delays . Also. some educational i55UCS have set them back . Dinx:tor Simpson stated he would like lo address them on three major points . First of all , he opined. the general IGA that is before Council. Agenda Item 11 (a) (i). is really very general in its approach . It is meant to strengthen and maintain a very positive. successful relationship between these two agencies. He noled in his opinion it is really an update of an existing relationship . It is meant to clarify the roles and responsibilities of each one of us. and he believed, in so doing. it results in improved levels of communialtion. He said he thinks that is very positive and one of the things that comes out of it is improved levels of aa:ountability and the opponunity for the City of Englewood to have the ability to evaluate current relationships with the Englewood Housing Authority . Mr. Simpson commented that that ability to evaluate and detem1ine whether programs arc effective or working. or whether we as the City need 10 make policy changes. arc now established concretely and allow us to move forward . Those evaluative opportunities arc buc:d on some criteria that may be all!)Wed to be adjusted in the future should Council want to take another look . These agreements arc not put into place forever . he pointed out. but they do begin 10 set fonh a relationship that reall y moves us forward again . l..aslly. Dircc:lor Simpson said. and one of the imponant things that needs 10 be mentioned. is that it does IOlidily an iffllllO"CIIICII of a management relationship. Currently. the way the Englewood Housina Authority and the City of Englewood have been operating for well over ten years. due to I whole variety o( factors. the way it has happened. has resulted in a unsatisfactory relationship with managemen1 staff and •· • 0 , J - Englewood City Council January 5, 1998 Page 11 <. • • • line staff. What that relationship has done has been unfair 10 a lot of people involved. He opined that what this intergovernmental agreement is suggesting to do is to clarify some of those rules for some of those employees and get things put back into a fair and equitable position. Director Simpson sl8lc:d that he believes these documents arc important and they set forth some directions that pnMOUS Councils had wanted to talk about . He said he would answer some detailed questions in a moment. He commented that he thought these relationships really document a successful existing relationship, but really strengthen future communication. Mr. Simpson urged Council to approve items ) (i). (ii) and (iii). He said he and Mark Graham would answer any questions Council might have. He noted they have been working very closely on this. Mayor Bums stated he wanted to explain to the public, prior to any discussion. that he is the liaison Council Member to the Housing Authority Board and the Housing Authority is a separate corporation under State law and not a division of the City government. He advised he conferred with City Attorney Brotzman about this again this afternoon and lhat any member of Council that is on bolh Council and this Board cannot discuss this item or vote on ii. So , he said, he would have 10 abstain from any discussion on this. He stated be just wanted to clarify it once again so the public isn 'I confused about that . Council Member Clapp asked Director Simpson how long he has been working on this with the Housing Authority. Mr. Simpson said the reality is he has probably been working on this over a year and a half. He advised be starting working on this particular issue wilh Director Malinowski under Doug Clark 's administration. Due to a whole variety of priorities adjusting. he said. he was not able to move it forward . He stated he and Director St . Clair sal down and have really been able to identify mutual interests and things that they believe will forward and strengthen the City of Englewood 's relationship and improve our management relationship. So. he said, he believes lhey have made significant progress in the last six months. Council Member Clapp questioned why it is just coming before Council without Council discussion. a IIUdy session. She said she really feels that is important. She commented she is glad he is comfortable with it. Dil'CCIOI' Simpson stated that is perfce1ly legitimate. that he thought it was an issue of timing related to the budget. He advised they have been uying to get this agreement in place, because the 1998 Buqet the NBD passed had anticipated that the Housing employees. he currently has under his budget, would be transferred under this intergovernmental agrcemenl to lhe Housing Authorily by January I. He stated that hasn 't been accomplished. As to why they haven't had a discussion on it. he said. is probably due to changes in administrations and other more important priorities like Cinderella City. Council Member Clapp advised that she feels Project Build is pretty important to the City. DirectOt Simpson agreed absolutely . Ms. Clapp Slated there arc some lhings thal she really lhinks need to be discussed further. Council Member Bradshaw asked if this would negalively impact Project Build in any way . Directoi Simpson advised thal what this particular inlergovcrnmental agreement is suggesting tonight. contemplates the exiSling relationship. He assured Council that ii is truly a policy decision that he has no problem with whatever their decision is. cilher way. He noted ii was brought to his attention during budget sessions. thal the 1996 Council had wanted 10 lransfer $320 .000 of 1he monies out of Project Build for use for business enhancements and this IGA contemplates tha1. Should Council choose not 10 do that and choose to leave ii in there. that is fine 100. So . he advised, Ibey can either choose to dccrcuc it , in accordancc with the 1996 Council requesl . or they can leave ii al $1 million. He noted, iflherc arc any changes. that is the only one. HoneSlly. he said. Slaff has no posi1ion on that one . even though he docs have use for ii. . , •· • 0 r ,,_,, I • Englewood City Cooncil January 5, 1998 Page 12 • • • Council Member Habenicht staled she would like to clarify 1hat . She explained that lhe City Council had said at thal time that they wanted pan of lhe Projecl Build funds going loward commercial and economic redevelopment. Nol taking it oul of Projccl Build. but redircc1ing some of whal Project Build was doing under the City. Ms. Habenicht stated she was really finding some lack of communication here I hat still has her feeling concern. Because, she said. she is tlic one that broughl thal up. lhe funding question at the budget meeting. and finally somebody looked it up in the record and saw thal ii had happened. She opined that there are too many things lhal are happening surrounding this fund and this program that are not verified and agreed upon in memory. much less autlicnticated to do something without going through some major discussion with Couricil into what the intent was, what the intent is and what they need to be doing. She pointed out that even his comment there does not bear with her memory . Mr. Simpson commented that he wasn't here in 1996. Ms. Habenicht said she understands that and obviously he has heard something different than her memory . She acknowledged that her memory was not flawless. Director Simpson stated that they did read through the minutes and tried to get that information. He said it was based on what she told them at the budget session . This really reflects that and if, he stated. that is inappropriate or incorrect. they just need 10 discuss lhal more . Council Member Bradshaw advised 1ha1 she. 100. had a lot of concern and after Council Member Clapp called her this afternoon she though! aboul whal slic should do about this and where she could find the information she needed. Ms. Bradshaw said she called Ms. St . Clair and just told her she was really concerned about this and asked her if this is a problem. if it is a negalive thing. if the Housing Authority had seen it. She stated Ms. St. Clair answered all her questions to her satisfaction. Ms. Bradshaw pointed out this is a council bill on first reading and it won't go into effect until Council passes it on second reading. For discussion purposes, she asked if they could pass it on first reading. require a study session and then go with it on second reading after the study session . Council Member Nabholz stated she has a tendency lo go along with Council Member Bradshaw on that pan of it. She noted she may need some rnore infonnation. but I hat it was her understanding 1ha1 11 (a) (i) is basically a housekeeping type thing. to pull in and tighten to find out who is under who. She asked if that was correct . Director Simpson felt that was correct . Ms . Nabholz advised that she doesn 't seem to have any problems with Community Development Block Grant funds at all . But, she said, she feels our Project Build needs to be the best it possibly can be and she doesn't quite understand what the 1996 Council had requested and where we are at now . Council Member Habenicht stated that oric of the concerns slic also has is that they had talked a little bit about administrative reorganization. how that is done. how depanments are moved. changed and all of that. And, she said, she thinks this is one of those things that son of happened without Council's approval over the years. where we ended up witllOUI a Community Development depanmenl. We now have SIOllldhing that is still very nebulous in tenns of neighborhood and business services. she said, and it has nothing to do wilh the personalilics 1ha1 arc in lhcse jobs . Slic staled 1ha1 lhis is one of 1hosc things she would like 10 see our Cily Manager take a look al . If indeed. she said. our City Manager wants to come to City Council and recommend that we have a Community Development depanmcnt again or not . for whatever reason. that once Council has made this kind of agn:iement they have son of taken that ponion of what would be a Community Development depanment 's role out of the City and into the hands ofan authority. Ms . Habenicht stressed that she has some real concerns about that. that governance. accountability and checks and balances are probably the first issue of concern to her. all the time. And when something, she said. happens like lhis. even tl10Ugh it may be wonderful. but it is making all sons of changes based on something that was half way . quasi understood. inappropria1ely done over tirnc. Not maliciously, she noted . but she felt we are getting ourselves into sometbing that we have to be very clear as 10 the dclincalion as 10 whal lhe role of the City is. wha1 the role of lhis Housing Au1hori1y is and how we wanl lhis to be . She said she thinks lhe proposed cha11gcs even indicale 1ha1 the Housing Aulhorily is created by lhc Council and could be dissolved by tlic Council. and the changes are taking tbat power away . ' • . .. .. •· • 0 f . I ]- • • • <. E•&tewood City C•acll Juuary 5, 1998 Pat,ell from Council. Ms. Habenicht opined thal when people elect 1hem as Council Membelli I.hey wanl lhem 10 be respomible for what happens in the City and not lo give thal aulhority. thal is vested in the elecled ~ to odlers, just handing ii over. She advised she could not vote favorably on Ibis first reading or leClOlld reading al this poinl in lime, unlil she has a much clearer understanding. and thal everybody else also has a clear understanding. of what it is they are doing. Council Member Bradshaw IIOCcld she was on the Housing Aulhority from 1980 10 1985 and during 1ha1 time she atteoded a confereDCIC in San Anlonio. She maintained that the dilferenl relalionship that Englewood has with its Housing AUlhority is something we need to nurture. Ms. Bradshaw opined that some of the ClOIDmeols that were made tonighl were made in innocence, bul ii has shown that lheR is not a positive relationship, ii is just like Council still wanlS 10 be in charge of. She advised that in other communities the Housing Authority is a totally independent entity. She stated she thinks Council has an issue with 11 (a) (iii) and that is the Project Build. which she feels is the biggest issue. Ms. Bradshaw stated she also has concerns about City employees who call Council Members out of school and talk to them. But that. she commented. is a whole other issue. She said she was not sure if this person is a City employee or a Housing Aulhority employee. Council Member Bradshaw pointed out that the program has run effectively. Eaglcwood has a good Housing Authority. She asked City Attorney Brotzman if this is wlial -have blleal doing and if we are just finally, actually documenling it. She asked if this is wha1 his office -led to believe. Mr . Brotzman said thal was correct. Ms. Bradshaw asked if Ibis is whal has been in existcnc:e since the Housing Authority was fonned and all I.hey are doing is putting ii in writing and making an agreement out of it. City Attorney Brotzman said except for the transfer of the three employees to the Housing Authority. He added that lhe lhree employees have been managed by lhe Dileclor o(the Housing Authority all along. Bui now. Ms. Bradshaw said. I.hey would have to rq,ort to tbal ~ imteadofreponing to lhe City. Mr. Brotzman said thal is correct . Council Member Bradlbaw lllkat City Attorney Brotzman. in essence. whal are 1hey changes he sees . Mr. Brotzman staled that is the only change. Ms. Bradshaw said 1ha1 is lhe only substanlial change. Mr. Brotzman said lhat is com,ct. (i) A recommendation from 1he Dcpartmenl of Neighborhood and Business ~ elopmc:nt to adopt a bill for an ordillUCIC approving an lnlergoYemmelllal Agreemenl with the Englewood Housing Authority lo improve ooonlination and clarify respective obliga1ions was considered . The City Clert was asked 10 read Council Bill No . 4 by 1i1Ie : COUNCIL BILL NO . 4, INn.OOUCED BY COUNCIL MEMBER WAGGONER A BILL FOR AN ORDINANCE AU11iORIZING AN INTERGOVERNMENTAL AGREEMENT ENTJ11..ED "AGREEMENT BETWEEN 11fE CITY OF ENGLEWOOD AND 11fE ENGLEWOOD HOUSING AUTHORITY ." COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (I) -COUNCIL 81LL NO. 4, ON FIRST HADING. Ayes : Council Members Nabholz. Garrclt. Bradshaw. Waggoner Nays : Council Members Habenicht. Clapp Abstain: Mayor Bums Motion carried. (ii) A rccommendalion from lhe Departmenl of Neighborhood and Business ~elopmall to adopt a bill for an ordinance approving an lnlergovemmenlal Agreement with the Englewood Housing Alllhority regarding Communily Developmen1 Block Grant Funds -coillidered. • . .. • • 0 Englewood City CCN1ncil January 5, 1991 Pace 14 '· • • • The City Cleric was asked to read Council Bill No. 5 by title: COUNCIL BILL NO. 5, INTRODUCED BY COUNCIL MEMBER BRADSHAW " A BILL FOR AN ORDINANCE AtrrnORJZING AN INTERGOVERNMENTAL AGREEMENT ENTl11.ED w AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD HOUSING AU11iORJTY REGARDING C.D .B.G . FUNDS" BETWEEN THE ENGLEWOOD HOUSING AuntORJTY AND THE CITY OF ENGLEWOOD. COLORADO. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (ii) -COUNCIL BILL NO. 5, ON nRST READING. Ayes : Council Members Nabholz. Garrell, Bradshaw. Waggoner. Clapp Nays: Council Member Habenicht Abstain : Mayor Bums Motion carried . (iii) A recomlllCndation from the Depanment of Neighborhood and Business Dcvclopmcnt to adopt a bill for an ordinance approving an Intergovem1nental Agreement with the Englewood Housing Authority regarding Project Build was considered. Council Member Bradshaw questioned whether they could modify the amount of money . City Allomey Brotzman advised she could modify it on second reading if she would like. Or. Council Member Waggoner stated, she could amend it right now. Ms. Bradshaw asked if deleting that Whereas would take care of it. Mr. Waggoner said yes. just delete the Whereas to be transferred. it still leaves it at the $320,000 designated for business enhancements. but keeps it from being transferred into the General Fund. Council Member Garrett asked how the $320.000 is being used now . Director Simpson advised it is pan of Project Build. it's a million dollar project fund . Council Member Bradshaw questioned if that money is in there right now . Mr. Simpson said that it is in there. Mr. Garrett asked if it is designated, just DOI used for that. Mr. Simpson said no. it is all used for Project Build funds and what this would contemplate as it is written. is thal $320,000 would be transferred out of Project Build to be used for business enhanocmcnts . Council Member Bradshaw noted when she was on Council ten years ago. they had an Englewood downtown beautification project. a loan program. to help people with signagc and all kinds of stuff' and to clean up the facades . Council Member Waggoner advised wc still have that through EDDA. Council Member Habenicht stated that that was DOI what this money was designated for . Ms. Bradshaw said yours was to help build businesses . She asked what it was designated for . City Auomcy Brotzman suggested if they want to take care of the money issue they can simply eliminate the 2'"'. 3•d. 4"' and 511' Whereas. Council Member Habenicht said. to clarify, the thought was that Project Build was utilized to acquire properties that were DOI ncccssarily desirable for other people to buy . and raze the properties a nd rebuild IOllldhing thal would be of elcvlled saature in tenns of better housing. housing stock for the alllllllWUty. That same kind of thing was making Project Bui ld money . she said. and as wc had sun of run out of the number of homes that were l\'a ilablc the way Project Build had been da-clopcd. the thought was to stan utilizing thll for acquiring -.c propcnics that nobody wa nted to acquire for business and raze tholC perhaps and ha\'C them a \'a11ablc fOI rc:dc\'clop111e n1 . C5pCCiall)' a long the South Broact.'8)· corridor. Things like that . Thal. she ad\i scd. is wlw they t.1Iked about utili1jng thll money for . by designaling die duUII of Project Build to go more toward commercial than just housing. And thal . she IIIOled. is wllll dial was all about . And now it has been 11151 it111Cd 11110 11>1net h1 ng Olher. as a fund. thal is ~ to be ulililJcd •, ... • • , J - - E•&tewood City Couacil Juuary!I, 1991 Pqe15 •, (. • • • .. all the time. She opined ii is just another example of a fund being created and then being perpetuated for somdhing Olhcr than what ii was intended. Ms. Habenicht said she really thinks Ibis deserves a IOI more discussion. that all of lbcsc things deserve a IOI more discussion. Council Member Bradshaw opined that, as this is on fil'SI reading. ii allows for discussion between fil'SI and sccoad reading. She said she would ask staff to schedule all of these as a study session item and at least get them out there for fil'SI reading. The City Clerk was asked to read Council Bill No. 6 by tillc: COUNCil. BllJ. NO. 6, INI'RODUCED BY COUNCIL MEMBER BRADSHAW A BllJ. FOR AN ORDINANCE AU11fOIUZING AN INTERGOVERNMENTAL AGREEMENT ENTl1U!D .. AGREEMENT BETWEEN 11fE CITY OF ENGLEWOOD AND 11fE ENGLEWOOD HOUSING AU11iORJTY REGARDING PROJECT BUILD ." COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (iii) • COUNCIL BILL NO. 6, ON FIRST READING. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO AMEND COUNCIL BILL NO. 6 BY DELETING THE 2ND, 3llD, 4111 AND 5111 WHEREAS. Council Member Garrett advised Council that. as the agreements have basically bundled the annual payment, he would be asking that they be segregated. if we arc going lo have two separate agreements. He llalCd that would be one of the recommendations he will be making. Council Member Bradshaw agreed that was a good point. Ayes: Nays : Abslain : Motion carried . Council Members Nabholz. Garrett. Bradshaw, Waggoner Council Members Habenicht. Clapp Mayor Bums Vote_... .. ..._ te appl'Vl'e Ca .. cll Bill Na. 6 u -*d: Ayes : Council Members Nabbolz. 0am:u. Bradsllaw, w..-, Nays : Council Members Habenicht. Clapp Abllain : Mayor Bums Motion carried. (b) Approval of Ordinances on Second Reading (i) Council Bill No . 97. amending the Planned Unit Dc\'Clopmcnt for the Brookridgc Shopping Center. was considered . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (It) (i) • COUNCIL BILL NO. 97, ON SECOND READING. ORDINANCE NO . 12 . SERIES OF 1997/1998 (COUNCIL BILL NO . 97. IN"raODUCED BY COUNCil. MEMBER VORMilT AG) AN ORDINANCE APPROVING AND AMENDING lliE PLANNED UNIT DEVELOPMENT FOR 11iE BROOKRIDGE SHOPPING CENTER TO ALLOW A CHANGE IN ROOFING MATERIALS • . , •. .. • • 0 ]- - " • • Enz!ewood City Couacil January 5, 1998 Pace 16 ·, • • • FROM STANDING SEAM MET AL TO DIMENSIONAL ASPHALT SHINGLES AND TO ALLOW CONSTitUCTION OF A SIX FOOT SINGLE-SIDED FENCE ON THE EASTERN PERIMETER OF THE SHOPPING CENTER. Council Member Waggoner questioned whether they ever got an answer to the question on how of the adjacent property owners were for the six foot fence . City Manager Sears asked staff if they knew how many of'the neighbors were for the six foot fence . Tricia l...aqon. Neighborhood and Environment Technician, said that as Mr. Spriggs had indicated at the public bearing, he spoke to all the residents along the eastern bounda,y, the twelve residents, and al that tiJne, and also al the neighborhood meetings, no one was opposed lo the six foot high fence . In response to Council Member Bradshaw, Council Member Waggoner advised that his question was how many were in &\'Or or the six foot high fence . So, Ms . Bradshaw noted, we don't know. but we know none -,e opposed. Council Member Waggoner pointed out that they don't know anything more than they did at the public hearing. City Attorney Brotzman said that is right. Votereaalts: Ayes : Council Members Nabholz. Garrett. Bradshaw, Clapp. Bums Nays: Council Members Habenicht. Waggoner Motion carried. (c) Resolutions and Motions There were no additional resolutions or motions submilled for approval . (See Agenda Item IO -Consent Agenda.) 12 . Geaenl DilCUuion (a) Mayor's Choice I. Mayor Bums wished everyone on Council a Happy New Year . 2. Mayor Bums advised he would be submitting his rc:po,t frot11 his lrip to the National League of Cities conference in Philadelphia with a small box of pamphlets. handouts and all kinds of things they brought back . He noeed there was a lot al good information both he and Council Member Nabbolz acquin,d there. 3. Mayor Burns thanked Pauletta Puncerelli for her anicle in the Government West magazine in December about Englewood . He opined it was very well done and he was very pleased 10 sec that. 4. Mayor Bums advised that at the last DRCOG board meeting the urtlan growth boundary was adopted. He noeed that was an impona111 step by the DRCOG board. 5. Mayor Bums commented that he noticed the Cullural Ans and Parks and Recreation minutes arc in awfully small type. He said he was wondering if they might use the same size type as they have for their other minutes . (b) Council Member's Choice (i) Council Member Nabholz : •· 0 I - Englewood City Cooncil Juuary 5, 1998 Pase 17 ·, <. • • • 1. She said she wanted to clarify the stuff they passed on first reading tonight on the Englewood Housing Authority. She commented that it is her understanding there will be a study session before it comes around for second reading so there will be more information on it. City Manager Scars advised it should be scheduled on February 2nd. that's the time for the public hearing. 2 . She advised that a gentleman called her in regard to the City ditch up on Sherman and Dartmouth. She noted the fence has been down. Ms . Nabholz stated another lady called her and said she was told that basically the fence belongs to Denver. She informed Council she spoke to Bill McConnick and he said he would try to check it out and get back to her today. to find 001 if we actually own this fence or have IOIIIC nails been hammered into the concrete to just hold the chain link fence up. 3 . She said she also had foor calls Sunday morning in regard to the odor problem with the Waste Water Treatment Plant. Ms. Nabholz advised she was told we had run out of chemicals and that we only have a 4000 gallon storage tank. She said she needs to find out why we would run out of che1nicals. if ii was a matter of trying to figure out usage or what. (ii) Council Member Bradshaw commenled that she found a note in her agenda over the vacation and when she opened it up she rcali7.ed this was a problem she was suppose to lake care of before Christmas. The south side of K-Man and the slope apanmcnts up there have a real shabby appcarancc, the hill is covered with mud that isn't secure. She said they need to do somclhing up tJicrc to seaaR that because then it forms this little mud thing that comes across the road . Ms . Bradshaw opined tbal it gives a very negative impression of our City from that south side. (iii) Council Member Clapp: I . She noted she received in her packet. as all of Council did. this new form that apparently they have to fiU out if they have been reimbursed for any kind of travel expenses. etc. etc. She said it looks like the deadline is January IS"' and she would like clarification on whether or not it is the actual dale of the expenditwc. wbal the timcline is on that. She commented that it is probably actual . City Manager Sears adviled he hasn't gone through that yet. but that he would follow up on it. City Clen Ellis asbd if they would like her to addn:ss this issue. She asked Ms. Clapp if she bas an idea of tlie IDOlllh . Ms. Clapp questioned if Frank Gryglewicz would have the figures available. Ms . Ellis comeented he mighl and asbd Ms. Clapp if she felt there was IOllldhing that falls in that CIIICIDI)'. c.ou.cil Member Clapp noted she toe* that trip on the first of December to D .C. Ms . Ellis noted that was paid for by City funds. which is addressed by the Statute. She advised Ms . Clapp they could talk about it . thal she did fd her IIIClla8C bul it was aft~ S:00. She said she would be glad 10 go over ii with Ms. Clapp. Ms . Clapp asked about mileage reimbursement . Ms. Ellis advised it is all addressed in the Statute, but if she doesn 't have anything that falls under the Statute. that would ha\'C to be repol1ed. then she would not be n,quircd to do that filing. City Allomey Brotzman explained her expenditure was a City expcnditwc for the tra,'CI . that what we are talking about is if she received any gifts. Ms. Clapp said then this is just gifts and those types of things. Mr. Brotzman said that is right . So. Ms. Clapp said. she cloesn 't need to really worry about this. because no one gives her presents. 2 . She said she wanted to see if Frank Gryglewicz could provide Council with somc figures as to wbal tlie Englewood Public Schools have paid in the way of sales tax in tbeir fund railers. 3 . She stalCd she wanlCd lo follow through and see if Hank Long. our Library Board DiRICIOr. bad any numbers on the software that we an: looking at for the Internet . . ' • . .. •· • 0 • • • '· Ea&tewood City Council Juuary 5, 19911 Pace 18 (iv) Council Member Waggoner noted lhal Council had a leller in lhcir packet lhal was Wlincn IO Mr. Neumann on lhc steel 1ha1 was used in lhe waler planl upgrade. He understood lhcre was some controversy over lhc 304 stainless steel and lhe 316 stainless sleel, he said, and Ibey wcnl through a lot of discussion and in most of lhc instances Ibey said Ibey were still going 10 use 316. Which. he nOlcd, he dcfinilely agrud with. lbere were a couple of items in there 1ha1 seemed 10 say lhat maybe we could chanBC on some of lhcsc. He said he would just as soon see where you have a corrosive atmosphere. moisture and lhe air logelher, lhal lhey jUSI stick wilh lhe original specilicalions and go with it. COUNCIL MEM8ER WAGGONER MOVED, AND IT WAS SECONDED, THAT WHERE YOU HAVE A CORROSIVE ATMOSPHERE, MOISTURE AND THE AIR TOGETHER, THAT THl:V JUST STICK WITH THE ORIGINAL SPECIFICATIONS AND GO WITH IT. Ayes: Council Members Nabhol7-Garrell, Bradshaw. Habenicht. WaggollCI". Clapp. Bums Nays: None Motion carried. (v) Council Member Habenicht said she just wanted 10 clarify 1ha1 her votes. on lhc issues concerning reorganization in lhe in1ergovemmen1al agrcc1nen1 •ilh lhe Housing Authority. come more from nOI knowing whether or not she would ullima1ely agree or disagree wilh 1hem. She stated she still thinks lhcrc are a IOI of questions 1ha1 need lo be asked . She said she apprecia1cs Council Member Bradshaw suggesting 1ha1 we have a study session prior 10 Ibis going on second reading. She noted she was also wondering. even though lhey didn '1 set a public hearing for them. if ii would be appropriate 10 SCI a public hearing. She said perhaps lhey could discuss Ibis when they have lhe study session. Council Member Bradshaw asked if we have lo have a len day notice for a public hearing. City Allorney Brownan advised thal if ii were a public forum instead of a public hearing 1hey would not have all lhe formal rules bul you still get lhe same lestimony. Discussion c-.ed regarding a good dale lo hold a public forum . Council decided 10 have a study session and the public forum on January 26. wilh second reading on February 2',d . Council Member Habenicht asked if there •'aS some way Ibey could publish 1ha1 Council will be coaducling a public forum and discussing this issue. She asked how it would be publicized . City Anorncy Brouman advised ii will be lhe same way we publish a public hearing notice in 1he Englewood Herald . Public Information Officer Punc:erclli staled she would help wilh 1ha1 also. 13 . City Muacer'1 Repert (a) City Manager Sears commented 1ha1 he had hoped 10 have an agreement wilh South Suburtian, unfortunately he was unable lo do lhal . He staled he and Jerrell Black met one lime with Dave Lorenz and 1ha1 he has met wilh him a couple of limes. Al 1his poinl in rime. he advised, Ille) ha,-c not come 10 a resolution. We have senr in rhe le11er. he said. and Mr. Lorenz has indicated 1ha1 some of his board members •-ere not in agrcc1nen1 wilh lhc lenns oflhe letter and he didn 'r offer a compromise or any altemalive. Bui. Mr. Sears advised. he did suggCSI . as Council Member Br.idshaw mentioned earlier. 10 ha,-c a couple of our Council members. perhaps 1he Mayor, and a couple of their board members along wilh Jenell Black and himself. sil down in lhe ne:1.1 couple weeks and explore some allemativcs thal could help resolve 1he issue. so lhal both South Suburban and Englewood would be satisfied or could come 10 rcsollllion . Al this lime. he said. he would ask if Council would consider appointing a couple of membcn 10 anend. He Slaled he would conlacl Mr. Lorenz tomorrow lo sec if he also would ha\'C a couple of board mcmbcn and Ibey can set up a lime. Mr. Sears noted ii will probably be a public mc:cting during which . ' • . .. • • 0 , ~,, I - En&tewood City Council January ~. 1998 Page 19 . ' .. • • • they will lallt through the various correspondence which has gone back and fonh and see if 1Jiere are some points lo take back to both boards for potential agreement Mayor Bums commented thal he is really hoping we can work lhis oul wilh Sou1h Suburban. Council Member Bradshaw advised 1ha1 she would like 10 be on 1ha1 commillee, if thal was okay . Council Member Nabholz said thal her recommendalion would be Council Members Waggoner and Bradshaw. Council Member Bradshaw uted if Mayor Bums would like to be there also . Mayor Bums said he would. Council Member Bradshaw ated that she really thinks if lhe boards sit clown they can hammer out -.dung --,le. City Anorney 8nJczman pointed oul that if three Council members allend we will simply post ii. Mr. Brotzman advised they will just need to tell us when lhe meetings are, if three will be attending. City Manager Sears noted that Council has appointed Council Member Bradshaw. Council Member Waggoner and Mayor Bums as lhe reprcscntalivcs. He said he would advise Mr. Lorenz 1omorrow and try to put this together in the next week or so lo try and move ahead on 1his as fast as we can . Council Member Waggoner asked City Manager Sears if he could pul 1ogether something that they could review before the meeting. Mr. Sears advised they have all the correspondence between us and he knows that Jenell Bladt has done a lot of work in temJS of pulling logcther the types of services we have up there. He stated they would provide all thal infonna1ion before 1he meeting. Council Member Habenichl stated thal !hose thal have some input should visil with the members of the committee and let them know what their concerns arc so they can be expressed. Mayor Bums agreed. (b) City Manager Scars said he wanted 10 bring up lhe proposed Englewood Town CmlCr to ICl any COIIUIICIIIS Council mighl have . He wan1ed to let them know we are working diligently oa this, dlis is ..,.....biog tluil we wan& to keep oa the high burner and it is proceeding. He nolcd Ibey are pnlplllil!I IO lilllve -... C IC dulC clarifies the role of Ciliventure al the next mccliag. Ill tbal we can llllllte an dlll we -.utiag ahead with as much cluity on this project as we can come up with. Mr . Sean aid lie jlall wallled IO lisl this as an agenda item in enc Council sloald ~ any qualioas about where the dil'CIClion is. Slaff' wise, on this project . Council Member Bradshaw uted if the name Englewood Town Center bothers anybody dse, or if ii is just ber. Council Member Waggoner said yes. lhal he fell !hey should Uy 10 name it or change ii. Council Member Habenicht emphalically agreed . Council Member Waggoner noted we are really 1101 a 1ow11. Council Member Bradshaw staled we are the City of Englewood. Mayor Bums commented that town cen1er is also a concep1 in 1he DRCOG 2020 plan. Council Member Bradshaw said she really didn'I know that we have 10 speak DRCOG in Englewood . Mayor Bums noted it is a name of convenience while we are doing lhis. . ' .. • • 0 I - Ea&lewNII City Cauncil J....,S.1991 .... • • • Council Member Habeoic;ht pointed out lhal if you drive around the whole meuo area of Denver, every once in a while you 111e such and such markelplace and u:h and such town center along all sorts of ckM.lopmcats She Slalcd she does 1111( want Englewood's redevelopment of' Cinderella City to be looking like lhal at all or even to have that QOIUIOlalion. Council Member Bradshaw said she has been playing with difl"crenl words like the Englewood Exchange. Which, she nolcd, is 111111 of hokey, but ....clhing along lhal line lhal shows there arc a lot of' dift'erall things ping oo there inllead of' just one thing. Council Member Habcnicbt said lhal is a good name . Also, she advised. ia the pat she bas bad a number of~ wllo bave said tbal every time they have IDCII the words they asbd tbal WC plcalle 1111( do lbal. Gladys Acmes -CNIC wllo said tbal she would loYc lo 111e us name, lllll)'bc the bousing ponioa or - good panioa of it., the Tllilcricl, to go badt to IOIIIC of our bitloric:al hcrillF- eau.:il Mcabcr Bndlbaw advilcd that WC WClll tbrougb tllal wllca WC WCR Mmilll Ordwd Place ,ears all). SIie llid they didn't want lo call ii Tuilcrics. bec:aUle Ibey knew pooplc would ay toolics and lllllie filD of it. So llley didn '1 do lhal Ibey didn '1 go tbal way . Tbal. she nolcd. was their rationale. But. she llid, she rally llliaks they need to look at the name. She aJIIIIIIClllcd that when she, Bob SimplOII. PaulclUI Punceldli and Mayor Burns spoke at Flood. they lallu:d lbcllll a COIIICII for middle IChool kids. She lllllcd she really thinks this is a reaoun:c in our~ tbal bas imaginatioo and could pn,blbly do a good jab. Ew:n though tbal 011C young man wanted it 10 stay Cinderella City, no mancr what. She llid ma)'llc this is the time 10 do that. c.o.ncil Member Habenicht said she liked the name Englewood Exc:bangc. Council Member Nabllolz llatcd lhal she agreed tbal the name could be changed, but that she cloesn 't walll to 111e us Fl boged down in any kind of' muck or mire. Council Member Bradshaw agrood that they doll 't wa111 to stop progress because ora name . Council C011C11rrcd . Cily Muaaer Scan C10111111C11ted that aCIUally this is really a>OSistcnt. as it is his hope to 111CM: from idea to illlflknw:nlali9a. To go through a pnx:iess of' giving it a name is really ....clhing cliffcrcnt than what we bave llad. He DOied it is a VC1Y big step to do lhal . He said however they WIIIII to pnlCIODd. dlal we can do -type of COlllell ia the ncwslcacc. Because, he IIIJ(cd, be didn't think the DCWllcner would be pi11g out for quite awhile. Ms . Pllacerdli advilcd there would be a Citizen QOlllina out ia abclllt two ..... Ma)'or .,_ Mlled if CCIUIICil woulcl lillc 10 do lbal to have Ille pul,lic IUbmit -. Cily M-., 5mn aid if o-cil would lilic to do ..... ii is. pal way to Fl die pul,lic iawhcd ill aakiag Ille dDc:ilioa. Ma)'or ... DOied there is • lot of ilnagilllllioa out there . Couacil Member Bradlbaw questioned whelbcr wc would be borrowiag llllllblc . City Maaqe, Scan llid be clida 't think ID. Council Member Habcnicbt llid she liked the idea of opening it to cw:r,t,ody. Council Member Bradshaw noted that she was just trying lo think ol some way 10 involve some potentially discnftanchiscd youth in a new project 1ha1 they coulcl reel ownership in . Cily Malll8C' Scan commented that wc could run a coolest City-wide and they could allD nm a COlllell thnlup the ldlool at the same time . Council could lake a look at a variety of names and give a SIOO award or ID to wbocver comcs up with the name or aomcthing. Council Member Habenicht stalCII she liad dlal appnllCh. Mayor Burns agrood it was a good idea . • J .. • • 0 - En&lewood City Council January 5, 1998 Page 21 • • • City Manager Sears stated they will contact the school and nm a contest through them and at the same time put it in the Citizen and shoot to have the name of the development on March I". Discussion ensued regarding the deadline. It was agreed that it would be March I". Ms . Puncen:lli asked if they wanted all the names submitted by March I". City Manager Sears said that was right . Council Member WAggoner said the question he had was on the timing of the removal of the structures. He asked if it was true that we staned on the remediation . City Manager Sears said that was correct. Mr. Waggoner asked when that is suppose to be finished . Mr. Sears stated that according to Ric:k Kahm he thought -are talking about four months right now . He said from what be hears. right now. they are sholtcaing up the time when they think they can have all of their remediation done. Council Member Waggoner said then then: is really no reason that we need to wait until all the remediation is clone before-can stan demolition . He asked ifthAt is oorn:cl . Council Member Bradsbaw said thal was whal she was wondering. Mr. Waggoner stated they should be able to stan demolition somewhere. with some of the parking structures on the nonh side or some of the buildings . Maycw Bums noud that originally the demolition was going to be pan of the dc\'clopcr·s contract . Council Member Waggoner asked is it or isn '1 it . City Manager Sears stated that ·s his understanding, that it is pan of the developer's contract. but then: is no pool of money to actually go in and demolish the building. Basically, he noted. pan of the agreements we have with the individual vendors or with the developer will be to front in the cost of that demolition . But, Council Member Waggoner pointed out . if they stan splitting that up like they wen: talking about , and noc going with one general developer. then we have problems in that regard . He asked if that was not true. City Manager Sears said what he thought they talked about was having one general developer and what they are doing is putting together the standards and the individual contracts witl1 the vendors and then having that money come forward at the time that happens. Then. Mr. Waggoner said, if we an: going to have one developer we need to get stancd. or continue to wort out the arrangements for the devdopmc:nt agreement. Dircc:lor Simpson said he would like to clarify a couple of items. Ccnainly. he stated. any arrangements are possible. but what we an: suggesting is that we would not necessarily have one developer. What is being suggcslCd under the new arrangement. he said. is that to create a mixed use projecl you will have poaibly two or~ dift'en:nt developers associated with this projecl . Yes. he noted. they would like to move forward on demolition right away and we need to move forward on portions of that quickly. spccifically to meet deadlines n:laled to the transit station opening. As well as. he noted. if we continue to ll10\'C forward and suppo11 Wal-Man as it relates to the financial direction of this project, their requested opening date is sooner than 200 I. What the result is. he said, is that we an: looking at methods by which to create demolition sooner. Pan of that issue is related again. back lo finances . Mr. Simpson stated that he hates to say it. but this whole project has been highly driven by finances and it continues to be . He said we don ·t cum:ntly have a fund of money to fund demolition. but we an: working on 1ha1 . That is pan of the critical tasks that an: being identified over this next four to six months. City Manager Sears stated thAI is really a good point . He opined that they need to continue 10 keep the Council infonncd on the progress . Pan of that reason. he advised . is to get the con1rac1 with Citivcntun: that specifies. with a critical path. of when these things can happen . Pan of that may be to n:ally tac a look at demolition of a ponion of that . For example. if Wal-Man wants to ll10\'C ahead. and what they an: going to do is consistent with the rest of the plan. and they an: willing to put in funds up front or tear down the portion of the area that they want to develop. he said he doesn ·, sec any rcuon that we couldn 't go ahead and do that. ' ,. - •. • • 0 , - • • En&Sewood City Council January !I, 1998 Pace 22 . ' • • t• • Council Member Waggoner said it just seems like we arc going to have somebody, one particular pany or entity that is going to be in charge of that overall project. Now. he noted, if that is going to be a general developer he may fann it out to other development people and he may fann out to Wal-Man that portion, to build that particular portion. He may fann out the residential to somebody to build that particular portion, just like he would watch over the light rail enhancements. He said it seems to him that somebody has to take the bull by the horns and gct that sucker tom down. City Manager Scan said he thinks that is also what they arc really talking to Citiventurc about. At the same time. he opined, what they arc really trying to do is master plan the entire area. So the plan is appnMd iD IOlal, but the bits and pieces of that could oome back . He nolcd there may be a conuact the City bu tqmalCly with the residential developer down the road . Council Member Waggoner said it would seem that wc need that within about a month. Director Simpson Slated it isn't going to be probable in that time period. He advised that what they have rapacstcd, as one of those initial tasks. is to identify the critical tasks that have to oomc during this time period. Demolition is certainly an important portion, he said, but when we look at finances of this entire project. we don't have the ability to get some of that down yet. Council Member Waggoner said he knows that the City doesn't have the ability to pay for the demolition. And certainly, Director Simpson advised. what wc arc trying to do is gct the Wal-Mart portion tom down fairly quickly and he thought wc oould do that . What wc have to do, he stated, is have a plan relatively solid in place so that we can move forward with that and have agreement on the parking ratios and where the traffic is ooming. Those, he noccd. arc some of the other qUCSlions we all arc seeking answers on. Those arc the questions Wal-Man has, he said, and until we can get finn direction on that we arc not going to be able to get them to agree to pay for anything yct. So , he noted wc arc a oouplc of months away. Council Member Bradshaw asked what he meant by a couple of months. Director Simpson said six .-ths. Ms. Bradshaw Slated that six months and a couple of months arc different . City Manager Scars noted that if wc don 't do the plan right now we could go to the rclail devclopmenl. DiftlCIOr Simpson agreed that was right Mr. Scars oommcnted that there is a proposed agn:,cmcnt to go back to the rclail , to tum it back over to the developer to oome in and develop that . Mayor Bums Slated tbal is IIOI where wc arc going. Director Simpson advised that from a timing Slalldpoint you would be Ible to -fonnrd on demolition very quickly under a 100% rclail plan. He nocc:d that these arc DOC or the illucs he brought up in Dcccmbcr. lalking about the timing. the complexities and the delays. Council Member Bradshaw asked if it would be by June. Director Simpson said that he believes demolition will occur this year. Ms. Bradshaw asked if that was each ofus going out there with a slcdac hammer or what . What, she asked. what kind of demolition arc we talking about. Director Simpson said he would advise that if they want to do a l(KJ-/e rctail plan. certainly Skip Miller has one that he could probably move forward and progress within a six week period. He stated we would have to. during that time period, concurrently work on a development agreement so Council would be satisfied that his feet would remain in the fire . that wc would get something close to what we would want. Again, he said. it docs not have the vision Council has been supporting and he docsn 't know if he could guarantee that . ,,,_ ' < .. • • 0 I Eaglewood City Council Juuary 5, 19911 Pqe23 • • • ,._ Mayor Bums staled that he was not prq,arcd to hang this plan up on demolition. He emphasized this is DOI where wc arc going, that wc have another plan that wc are adopting that is imaginative and cutting edge . Council Member Bradshaw commented lhal she thought they gave him pretty clear direction on the other plan. Director Simpson stated they have rec;eivcd the marching orders that Council wants lo move forward as quiddy and as fasl as possible on implementation. He commented that he hears that daily from his boss, and he tdls him firmly every day 10 make sure he is moving forward on lhal. Mr. Simpson assured Council that he is going 10 carry that out, that "'C are going lo make that happen. He advised Council that he is DOI going to tell them he can have a contract for demolition in a month, because that will not happen. Council Member Habenicht asked where we arc on the feasibilily of the Foley 's building and moving City Hall into that and utilizing that building and lhal decision. City Manager Sears explained lhal that is a very critical and key pan . He said Direclor Esterly advised him this afternoon lhal we have five architectural proposals and we faxed out 10 them a list of the different things we will look at with the RFP's . He said he was sorry he didn't have copies oflhal. but lhal he would get that 10 Council. He thought wc should be interviewing those people in the next two 10 three weeks . He said he would hope to have the architect on board by the first pan of February al the latest . lo aan finalizing al least that pan of the plan from our end as 10 what we can do with that building and what we can do with what we currently have. Council Member Bradshaw asked if there wasn't a movie lhal needed 10 be shot . Direclor Simpson advised that Asteroids requested to be filmed here. but when they were talking to us Equitable was unwilling to entenain that idea . He commented that now that the Englewood Environmental Foundation is in place. given where the insurance is. he was not sure we should be either. Ms. Bradshaw said it was just a thought. Mr. Simpson rommenled that he wished we rould, but he thought it would create real insunuicc: problems for us . Council Member Habenicht asked if we couldn '1 negotiate that liability . Direclor Simpson said he a>uld look into it. He said he would love ii , he thought it would be fun . Council Member Waggoner said he would like 10 see somebody stan with the date the light rail would like to be open and work backwards and see what happens. He staled he does not think we ha,-e six months. Council Member Bradshaw rommenled that she thinks we arc closer lo three or four . Director Simpson Slaled they know that. ii is a very light lime frame. City Manager Sears said he thought that was a good point. lhal we can do that and they are going 10 be here on the 19•. Council Member Waggoner pointed oul in order for lhal light rail station to function you arc going 10 have to have some ortha1 infraslructure in . Mayor Burns said absolutely. Council Member Bradshaw stated when they arc here on the 19•• she would like an es1ima1e cost of the lall propoul they saw. City Manager Sears advised that Cily Venture lw been given the direction 10 come up with that. He opined 1ha1 Tim Leonard . Rick Kahm and Frank Gryglewicz have gotten ii clown to where they really can hst 1ha1 oul. Direclor Simpson said ii was \'Cry good. lhal Tim Leonard worked on ii with City staff all day Friday. they crunched numbers and ii was a very tough day. .. • • 0 )- - E•&lewood City Council J ... arys, 1991 Paaeu <' • I!" • • Counc:iJ Member Bradshaw said she doesn't want IO see the plan for a SJS million project when we can only afford $20 million. Mayor Burns said that lhoac arc the numbers they arc crunching. Direaor Simpson advised they arc worlting on numbers IO 11y and fi~ out how we can aff"onl it. DiRICfor SinlplOD advised that Skip Miller's plan -a $42 million plan under the little version . City Ma....,.- Scan llalcd they needed to have that for the 19"'. Mr. Simpson indicated they probably have that version. 14. City Atteraey•a Report City Attomey Bn11zman did DOI have any matters to bring befon: Council . 15 . MJ-naeat ' I •. ... - • • 0 1. 2. 3 . 4. 5. 6. 7. 8. • • . ' • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, JANUARY 5, 1998 7 :30P.M. Call to order. r/: /'7 (Nv' Invocation./)~ Pledge of Allegiance. ~ RollCall. '7~ "' - Minutes. a) Minutes from the Regular City Council meeting of December 15, 1997. ~ J.Ju--- Scheduled VISitors. (Please limit your presentation to ten minutes.) a) Mr. Doug Massey, owner of the convenienCe store at Federal and Union, will be present to discUSS the traffic sitUation on West Union Avenue . Non-Scheduled_ '4~· ,,1~ limit your presentation to five minutes.) A) 0 R U:E).) }J{)l.uc.Jv {!,tf!I... YL-6T.lt.A-IL munications, Proclamations , and Appointments . Letter from Ma~ ~n~ !~icating her resignation from the Englewood Public Library Board . ~ Letter from Kris Styes indiCA~ng ~er resignation from the Englewood Planning and Zoning Commission. ~J.p,i- The Englewood Municipal Court Judge will be swom in by the Honorable Judge Leopold . .. • • 0 • • - • • 0 - Page 2 January 5, 1998 City Council Meeting Agenda d) Brief Reception . /(Et ~ /J ~ './O ~ /<..Eel) I) /J f:.A)r-1) ~: 3.-)._~ -WI rt/ A £l-. ~ II. /JU L--f/J/i{(lt,r;l!.l:, 9. Public Hearing. (None scheduled) fR!MJJ ( y-- 10. ConsentAgenda. /i . 1 '1J>htu~~~ ~ ~inPnc~~jizj/stFfeading. --r -- n_ O i) Council Bill No. 1 -Recommendation from the Department of · 1· Neighborhood and Business Development to adopt a bill for an ordinance approving an amendment to the section of the Municipal Code pertaining to Fences, Walls, and Visual larri~rs.,STAFF SOURCE: Brad Denning, appJ ?-o ~~~.~ 11tl!6~/ --~1/9'1!' ii) Council Bill No.~-~~ Utilities Depart,n';;to · 1 ' adopt a bill for an ordinance approving a land exchange with Soule Trust (J ¥HiD f?-0 at Union Avenue R~~ STAFF SOURCE: Stewart H. Fonda, ,r ~ Director of UtllltlN.,v,~ &J,u /.lfl'fr;t! 9H1,,~~ ~J:8t:JJ'r-~µbA- A>-. .J L / / rfi 7-"0 Council Bill ~-98, _amendi~City Code pertamlllg to requirements tr t..{11-for Trash Hauli_ng Licenses. Af PO '-0 ~A)U Al()&-JJ TD lrl'l'~Of E.. I IO«r YL_I) ~IJ(i/1 C XI) A..t ..1j-/ ii) Council BiH No. 102, approving a right-of-way agreement with'lt> for the II I.<.( Mineral Avenue Park-N-Ride. Nl-2-iii) Council Bil No. 103, approving a Temporary Water Supply Agreement with Centennial Water and Sanitation District. ~J -#-!J iv) Council Bil No. 104, extending the Moratorium after a lapN of one week. (YLJ -#4 v) Council Bill No. 108, extending a cooperative funding agreement with the Bureau of Alcohol, Tobacco, and Fireannsforthe 19JMS-1999 "G.R.E .A.T." program . MJ-M vi) Council Bill No. 109, accepting a "COPS MORE 96" grant from the U .S . Department of Justice, Office of Community Oriented Policing Services. N)t~ vii) Council Bill No. 110, extending a Bureau of Justice Assistance Grant in the amount of $47,284.00. !YzJ._4l-7 viii) Council Bill No. 111, approving Southgate Supplement #134. tYi--Jft-f ix) Council BiH No . 112, approving Southgate Supplement #135. M.J#-1 x) Council Bill No . 113, transferring City Ditch water rights to South Suburban Park and Recreation District. . . • .; • • • 0 - • • • • Page 3 January 5, 1998 City Council Meeting Agenda xi) Council Bill No. 114, accepting grant funding from the Victim Assistance . Law Enforcement Board of the 18111 Judicial District. ) esolutions and M6tk:Jnr;J!,MO~A-«) Rt/kt){)1£J) IO(?.)(iti)rRtf/11 nil--~NIJ4- ' /If)~ a) ~ /0~ )(i) -1-{)j'j i) 7 Recommendation from the City Clerk's Office to approve a resolution ii) iii) designating the bulletin board in the lobby of Englewood City Hall as the Official Posting Place for all Legal Notices for the City of Englewood. STAFF SOURCES: Frank Gryglewicz, Director of Flnanclal Services and Loucrlshla Ellis, City ClerlL Recommendation from the Municipal Court to adopt a resolution approving the appointment of John Louis Parkinson as Associate Judge. STAFF SOURCE: l"ammy Wolfe, Court Administrator. Recommendation from the City Clerk's Office to approve, by motion, the designation of the Englewood Herald as the legal newspaper for the City of Englewood until modified by the City. STAFF SOURCES: Frank Gryglewlcz, Director of Flnanclal Services and Loucrlshla Ellis, City Clerk.~ (Judge Parkinson ~wom in tf~HI...,. isz,e.ea,) 1)6,t. tE o 11. Regular Agenda. a) Approval of Ordinances on First Reading. 11 n~ . I i) Recommendation from the Department of Neighborhood and Business l.A5fT 'f Development to adopt a bill for an ordinance approving an /,U)[J d t./-)-/ Intergovernmental Agreement with the Englewood Housing Authority to -(N_lrt: H~ll1i.Wt'P improve coordination and clarify respective obligations. ,,,,.,~ A~~: Bal!JJ-s. ) SOURCE: l'«'?Jr,thJ,lal .. llOOd e .. u .. u1ti; a .. ,~--· - ii) Recommendation from the Department of Neighborhood and Business /Jo JJ.e::-D ~:,,, evelopment to adopt a bill for an ordnance approving an 5 -/-/ Intergovernmental Agreement with the Englewood Housing Autholj,y • 1 regarding Community Development Block Grant Funds. flf'AP'r/()JJ.MIJ/V : l/-l)l~1;._1 SOURCE: -A~llhNfflaad lessSR1ts1111f OHrlll•lla,. ~1t):l!,P~ /J h JJ. 1 iii) Recommendation from the Department of Neighborhood and Business C-!J!f (JJ Development to adopt a bill for an ordinance approving an 1Jk:J IA-~ Intergovernmental Agreement with the Englewood Housing ~utiQrilY -·· I "'rf.. regarding Project Build. STAFF SOURCE: ~· ..... ~.ff :;/•f'J/JI./ Cffj~1tb)f)"' ~N~':;_~7••;;;;;::;.;~All,,(?Nt, //fA- fNM =t!Jll"'', ;J, IIJE.'.L ~ ,2. u.1 3,V.. t/4:>'f-5~ >v~ I A6~tN · ~-..--'7} I .. • • 0 - - ( • • • t• • Page 4 January 5, 1998 City Council Meeting Agenda b) Approval of Ordinances on Second Reading . (NI-/.~ i) Council Bill No. 97, amending the Planned Unit Development for the 4./Jpt}. 5... Brookrid~Shopping Center. ~W-r IV IP/: 'm 16,r H/lrf,l;O~ c) Absolutions and otions . g- 12. General Discussion. a) b) Mayor's Choice. (re : 111111 m be UNd in 1w _.plant w-1 APP.'D 7-0 WAGGONER MOIIED , IM-ERE TtEY HAVE A CORROSIVE ATMOSPtERE. Council Members' Choice-=,,, MOISTURE ANO TtE AIR TOGE1l£R, THAT TtEY JUST STICK WITH TtE ORIGINAL ' SPECIFICA T10NS N«J GO WITH IT ::;;,--COUCIL SET A PUBLIC FORUM FOR JN«JMY2P, 7:00 P.M. ONC8#4, 5&6 .. 13. City Manager's Report. 14. a) South Suburban Park and Recreation District b) Review of Englewood Town Center City Att°,;(s Report. fl.~ . . ,...,. -~ The following minutes were transmitted to City Council between 12/12/97-12/30/97: • Englewood Housing Authority meeting of September 24, 1997 • Englewood Housing Authority meeting of November 5, 1997 • Englewood Parks and Recreation Commission meeting of October 9, 1997 • Englewood Parks and Recreation Commi8aion meetingol November 13, 1997 • Englewood Cultural Arts Commission meeting of Oclober 1, 1997 • Englewood Cultural Arts Commission meeting of November 5, 1997 • Englewood Public Library Board meeting of Oclober 14, 1997 • Englewood Public Library Board Special Study Sealon cl November 8, 1997 • Englewood Public Library Board meeting of November 11, 1997 • Englewood Downtown Development Authority ffleetir1I of October 8, 1997 . ~ /, ~ . ·. ~~-~ -·_·. '" -~:· . ·:-·· . . .1'-f. " ,. ._.,.,. ~.. ..... • ,... ' ' - • . .. •· • 0 -]- - • • • t • · .. • I, PUBLIC COMMENT ROSTER AGENDA ITEM 7 Vl8tTOll8 DATE: JANUARY 5, 1998 NON-SCHEDULED VISITORS MAY SPEAK FOR A MAXIMUM OF FIVE MINUTES. EACH PERSON SHOULD SIGN THIS PUBLIC COMMENT ROSTER, STATING NAME, ADDRESS, AND TOPIC OF COMMENT. PLEASE PRINT ,. - • I .. . • . , . .. " ... ' • • 0 • • • • • <' ENGLEWOOD CITY COUNCll. ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Rcplar SelliN Deceaber 15, 1"7 I. CalltaOnler The regular meeting oC the Englewood City Council -c:allcld to onler by Mayor Bums at 7:30 p.m. 2 ......... The inwcalioa was given by Council Member Nabbolz. 3. The Pledge oC Allegiance was led by Mayor Bums. 4 . MICall Pn:seot : Absent A quorum was praent. Council Members Nabbolz. Clapp, Garrett. Bradshaw. Habenicht. Waggoner. Bums None Also praent: City Manqer Scars S. Miaalel City Attorney Bl'UlZIUII Deputy City Clerk Cade Ncigbbortlood ud ~ Tecbnician Langon DinclOI' Fonda. Ulililiel DinclOI' Gryslnricz, Y.-ial Semccs ~Ca ·,c-diwlDaGnllam 0-:. Blac:t. ............... M--., oCO,. s,.. Lee Plrb~ICGlbl a) COUNCll. MENSER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE TIO MINUTES OP TIO REGULAR MU11NG OP NOVl:MSER 17, 1997. Ayes : Council Members Nabllolz. Bndlhaw. Habenicht. Nays : Abllain: The motion carried. Waggoner, Clapp, Bums None Council Member Gama b) Mayor Bums explailled dial. bclc:aac lhe acaba'I o( CouciJ BR requinld for a quonam. tbae -IIOl sufficieal immbcn .... II die l>ecllaller I, 1997 ....,_ The lllllla'I oa that • I ... • • 0 r "' I - Englewood City Council December 15. 1997 Page2 . ' '· • • • agenda were a,ntinucd CWCI' to tonight's meeting. be said. so there is not a formal set of minutes, although there is a n:cord of the proceedi.ogs of December 1st. COUNCIL MEMBER WAGGONER MOVED, AND lT WAS SECONDED, TO APPROVE TIR RECORD OF TIIE DECEMBER 1, 1'97 PROCEEDINGS. Ayes : Nays : Abstain : The motion carried. Council Members Garrett. Bradshaw. Habenicht. Waggoner None Council Members Nabholz. Clapp. Bums a) The Dcputmeol of Parks and Recralion recopiml the YOlwWrs wbo -inwoed the City's flower pnlens. Director Black stated that. wilhout the wlualea's. it would be impollible to coa1iDuc tbis program at Ille current lcvd. Director Black. Manqer of Open Spaces Lcc, llld Pub AdminillrMor Koma prcsenlCd plaques and puses to the Bolaoic Gardens to: Blkcrl'ut Bdlevicw Put City Hall South Beds City Hall Front Bed Cushing Put 215/Lopo Cheri Brandt Linda Mutt SusaoClark Mike Campbell Englewood LittJeloo Wasacwaaer Tratmcat PlantSWf Ruth Hanlon the Clayburg Family Clcul. Gn,en and Proud Commission Killlbcrty Villqe VolllllleerS bl Holidly Lipliac C.... A_,._~ by Krillea 00-.. C.-of !be Clean, Green 111d Proud Commiaion Holiday Lipliag EWIIL SIie tllMlled COUIICil liar the oppol1Ullity to prcscnt the Tcolh A--1 Holidly Liplina EWIII Awards. She lllled Ma,ar Bwm to laill widl the following prcscntatioas : Honorable Mention: Art Blom. 4560 South Sbcrmaa Sines Micbld G. Evam. 3221 South C1arkma Sbat Mark Greiner. 2175 South Delawue Sbat Ron 111d Melanie Kloewa, 5041 South Ellli Sines Tim Ldl'llld Family, 350 Eaa BellcYiew A- Guy Moa. ms South Gilpia Sines William Si.-. 2911 South Cllenlllee Stleel Vallana Family. 4110 Solllil .i-Stleel Vu ~ Faaily. 4435 s.11 Oral Stleel Debbie 111c1 Guy Wallen. mo s.11 Slleraa Sb.- II -. ' 'I • .. • • 0 I 'l I • Englewood City Council December 15 . 1997 Page 3 Star Bright Award: Angel Award: Best Use of Recycled Materials Award: Best "Dog Gonett Holiday Award: Twinkling Lights Award: Lights! Lights! Lights! Award: Winter Wonderland Award: Best Artistic Impression A ward : Lifetime Holiday Spirit Award: • 0 I • • Dennis and Kathy Bmvcr, 4045 South Elati SIJ'Ccl Steve and Leslie Ward, 4225 South Sherman Street Mr. and Mrs. Dwight Latham. 2971 South Emerson Street Skinner's BG Kennels, 1101 West Quincy Avenue Rich and Peggy Cole, 3017 South Pennsylvania Street Ken Swaim. 3905 South Logan SIJ'Ccl Richard and Alice Klocwcr, 4990 South Elati SIJ'Ccl The Bargas Family, 4104 South Sherman SIJ'Ccl Randahl and Tammi Headley, 4315 South Lipan Street Mayor Bums read a description of the Mayor's Choice Award. He said the award is given to the participant who best expresses the true meaning of the holiday and the holiday lighting event . The holidays arc ccnainly about bright lights, however, they arc also about sharing joy and fellowship with our family, friends and neighbors. This year's award is presented to someone who has brought joy and delight to all of us by decorating with holiday lights. Mayor Burns said this years Mayor's Choice Award goes to Danny Lee Carey. 4190 South Logan Street. Mayor Burns thanked Ms . Gillmon for coming and thanked the Clean. Green and Proud Commission for the event. Ms . Gillmon thanked everyone who entered this year. She said it was a lot of fun judging and this really shows how well our city can show holiday spirit. c) Douglas Massey. owner of the Mini Food Store. 4696 South Federal Boulevard. was to have been present to discuss the traffic situation on West Union Avenue. Mayor Bums advised that Mr. Massey is ill and will not be present this evening. 7 . NN-IICllecbded Vlsiton a) Doris Baker. 4800 South Jason Strccl. said she is a senior citizen who lives alone. She said she has very linlc trash to be picked up because she recycles all of her papers. aluminum cans, tin cans. glass and practically everything else. She said her garbage is used in her compost pile. which makes for a wonderful garden. Ms. Baker explained that her son picks up the littJc bit of trash that she bas. and she said she would DOI feel very a,mfonable having to pay for something that she docs not. and can not, use . She added that the waler bill has gone up. and now then: is a charge for the concrete. When you arc oo a limited income. she said. it makes it hard. Ms. Baker pointed out that Mayor Pro Tcin Habenicht mentioned in her article in the Englewood Herald that she hoped the Council will consider making some kind of adjustment for seniors with a small amount of trash. b) Ken Haraldscn, 3018 South Washington Street. commended members of the Clean. Green and Proud Commission for the very difficult task of worting oo this project that the City Council has asked them to do. Having served on the commission some years ago. he said he knows how hard it is to come up with something that is pleasing to the citizens of Englewood. He said he bas had trash pickup at his home for the pas1 thiny-nine years. but feels there is merit in what the previous speaker had to say . He held up two different plastic bags, one a small grocery bag and the ocher a larger trash bag. He said his mother-in-law filled one of the smaller ones a week with trash. and be just put it in to be picked up with his trub. He said his neighbors have quite a few chilclRn and fill several of the larger lrlllh bags to be picked up each week . He said havin1 everyone pay the same amount for trub pick-up would DOt be fair . He commended Ms . Habcnicbt and said that. if you -a senior c:itiz.cn. you should be allowed to have children or relatives pick up that trub because it is such a smaJJ amount. He said he bas DOliced tbal ·• -• ., •· • 0 t Englewood Ciiy Council December 15 . 1997 Page4 • 0 • , . a lot of people who have their trash picked up every week have a trashy back yard. so it docsn 't make any difference if their trash is picked up or nol, because they still have a lot of trash laying around. He said there arc City employees who. during the summer, drive up and down the alleys and streets to see if people have their grass and weeds cut down. Why can't these same people look around to see where people have a lot of trash in their yard and give them a notice that they need to clean up. He asked if Council would like to go to the grocery store and pay the same amount whether you had a large or small bag of groceries. or pay the same amount for a small amount of gasoline as someone else did for a full tank . He said it is the same thing as requiring people with a small amount of trash to pay the same amount as people with a lot of trash . Mr. Har.aldscn said he did not receive one of the opinion cards sent out about trash. Mayor Bums said those were sent out by the Clean. Green and Proud Commission. Mr . Haraldscn said if he bad gotten ooc. he would have sent it back. c) Roger R. Neumann. 5090 South Elati Street. spoke to Council about the Allen Waler Treatment Plant improvements that were bid back on November 26* on addendum three. He said his cxpcnise is in the metals division. which is specification S S00. He said he can sec a problem with the high cost of materials down there that arc specified. in paniaalar specifying of a stainless steel 316 type material in locations where other types of materials lhat arc less costly could be used. He said this is a complete fleecing of the public here in Englewood. He presented copies of three examples to Council. which he invited them to look over. He said that each example is overpriced by at least I CXJ-/o . He called Council's attention to the first item that is quoted at S6.620.00 for a water intake at Platte River and Union for stainless steel 316. He feels it could be made from galvanized steel for a price ofS2.250.00. which is a savings of $4.370.00. Mr. Neumann said that stainless steel is usually used in highly corrosive environments, so if the Platte River has highly corrosive water. we may want to use something else by putting signs up and telling people to keep out of there. This. he said. is one of the reasons this is kind of a waste of money and materials. Continuing. he pointed out that the second item is a stainless steel Weir trough in lhe water treatment plant. The quoted price is $7.730.00. but you could make thal oul of A36 steel. galvanized. for $3,855 .00. he said. The lhird item. he said. is that all the bolts on the whole job arc stainless steel 316. which arc generally used in highly corrosive areas. and hopefully none of this potable waler down there is used in highly comJAVC areas. It is coming to my house. he said. and if it is highly corrosive. we need 10 do something about it and not put stainless steel in there. Also. he continued. the 316 is less strength and very pricy . If you went to an A32S bolt. galvanized. you could save $3.074 .00. he asscned. He reiterated that this is a complete gouging of the taxpayers. adding that his water bill prices jUSI went up thirty percent and he docs not feel that he needs to pay for these costly items down there when there arc better alternatives. This. he said. is only one sea.ion that he is completely familiar with down there. He wondered how many other divisions on the specifications on the Allen Filter Plant arc the citizens being gouged with. He rccommcndcd that all quotations received on November 26th be rejected. that the rcmodcling be reviewed using products and items that arc top quality. but cost ctJcctive. He asscncd thal the thn:e alternatives he qUOled arc cost effective and higher quality that the stainless steel . He continued thal the remodeling should be rebid using value engineering as criteria. There was nothing in any of the specifications on this job. he said. for value engineering so there was no place for anybody to make recommendations. Lastly. he said. an oversight committee should be appointed to review the changes for this cost impact. Mr. Neumann said his tweniy years e:o1pcrience in this business indicates that these items arc way out of line and we don ·1 need them down there. TIie improvements arc a waste of my money. he declared. because this is not an improvement . Mayor Bums stated this will coanc up lalcr in the agenda. as far as approval of the cost is concerned. Mr. Neumann said he did not sec that. but rei1crated 1hat there is a waste of money for what is being built down there. Mayor Burns said we will ask Slaff to comment on Ibis when it comes up. •, .. • • • f J- • • Englewood City Council December 15 . 1997 Page 5 • 0 • Mr. Neumann said he underslands there is going to be a change order within the first four weeks after this job is let that is going be over a million dollars. He said he has a problem with the engineers on this job saying this was a complete job and rally to go to bid. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION HONORING SELDIN AND IRENE 11JRNIR ON THE OCCASION OF THEIR FIFI IETB WEDDING ANNIVEIISARY. Ayes : Council Members Nabbolz. Gamtt. Bradshaw. Habenicht Waggoner. Clapp. Bums Nays : None TIie motion carried. Mayor Bums commented that Council Member Garrett attended a special pany in the Turners' honor. Mr. Garrett said it was last Sunday at the Malley Center and there was quite a crowd. Mayor Bums said he appreciated Council Member Garrett 's attending, and again congratulated Mr. and Mrs . Turner on the occasion of their fiftieth anni-,y. b) Council rcccived a letter from David Warner indicating his resignation from the Englewood Liquor Licensing Authority . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SICONDID, TO ACCEPT THE llll:SIGNATION OF DAVID WARNER PROM THI INGUWOOD LIQUOR LICENSING AUTBORrrY. Ayes : Nays : TIie motion carried. 9. hlllic Heariac Council Members Nabholz. Gamtt. Bradshaw. Habenicht Waggoner. Clapp. Bums None (a) COUNCIL MIMBIR BRADSHAW MOVED, AND IT WAS SECONDED, TO OPEN A PUBLIC HltAIUNG TO GATIRR INPUT ON TIR BROOKIUDGI SHOPPING CENTER PLANNED UNIT Dll:Vll:LOPMll:NT AMENDMENT. Ayes : Council Members Nabbolz. Gamtt. Bradshaw, Habenicht. Wagoner. Clapp. Bums Nays : None TIie motion carried and the public hearing opened. All persons giving testimony were duly sworn . ,. - Tricia Langon. Neighborhood and Enviroamenlal TcchniciaD for the Deputmcnt of Neighborhood and Busines& ~ submitted. for the record. Proof' al Pubtic:llloll ia the Englewood Herald on NcMmber 7, 1997 the notice altbe Public Hearing originally ICbeduled for December I, 1997 ud. lllo. publicalion in the Englewood on Deecmber 5. 1997 ol the revillll p!lblic bearing dale. Sbe lllo submiaed ... • • 0 I - • • Englewood City Council December 15 . 1997 Page6 • 0 • the nowiz.ed certificates of posting by the applicanl for the original and revised public hearing dates . Ms. Langon staled that the subject property is located in lhe area bounded by South Broadway on the west. East Centennial A\'CIIUC on the soulh. the Englewood city limilS on the east. and East Belleview Avenue on the north . The surrounding area in Englewood is zoned B-2 business district and the adjacent area to the east. she said. is in unincorporated Arapahoe County. and twelve homes directly abut the shopping center. 11lose twelve homes. she said. arc zoned single family residential . The subject property is part of the Brookridge HcighlS Subdivision and was annexed into the City in 1964 . The site is currently developed as an approximaldy 60.000 square foot shopping center and office complex. she explained. Rezoning of the Brookridge Shopping Center to a Planned Unit Development was approved by ordinance in 1997 and that pcrmined the uses under the B-2 business district. with the addition of self-storage and on site manager dwelling. The applicant. Michael Spriggs has submitted an application for two modifications to that PUD , she stated. first to roofing materials and second to fencing along the eastern perimeter of the shopping center. As part of the PUD process. a neighborhood meeting to consider the modifications was held on Scpcembcr 30 . 1997 . Tiicre was no opposi1ion 10 lhe modifications at tha1 meeting. The case was heard by the Planning and Zoning Commission on October 7. 1997 . where the Commission recommended approval of lhe lwo modifications. she said . Ms . Langon went over the two modifications. stating that the first is 10 the roofing materials. which is a change in material only and docs not affect the roof style. The PUD specified tliat buildings one . 1wo and eigbl were 10 liave standing seam metal roofs . All the other buildings adjacent to the residential neighborhood. buildings nine. ten and twelve. and all the interior site buildings were to have asphalt shingles. The amendment. she explained. would replace the standing seam metal roofing material on buildings one. lwo and eight. and replace the asphalt shingles on all the other buildings with dimensional asphalt shingles. She explained that dimensional asphalt shingles arc composile asphalt shingles with the appearance of depth. Staff' finds that this modification is acceptable. she said. and the adjacent residential roofs arc predominantly composite asphalt shingle material . The dimensional shingles conform with and preserve the residential scale of the adjacent neighborhood. and the residenlS support the use of roofing materials thal would compliment lhe adjacent neighborhood and compliment their own houses. she said. The use of the same material on all the roofs tics the development together so that the roofing materials arc of a consistent appearance throughout the south storage portion of the site. she continued. and this also addresses a construction issue of lhe point where the metal and asphalt shingles on building eighl and nine would adjoin . Staff'. therefore. feels that the roofing material change is a material only modification. and docs not change the roof style. making ii a posi1ive aesthetic consideration. and docs not negatively impact the development or the surrounding property. she said and staff' recommends approval of lhe roofing material modification. Ms . Langon said the second 1nodifica1ion is for fencing . As condi1ioned by City Council at a public hearing a year ago. December. 1996. a double-sided. wood. eigh1 fOOI high fence shall be erected along the property line on the cast side of the development from Belleview to Centennial . she said. This condition places a double sided fence. or a fence finished on both sides. along the common property line and places ii against existing private residential fences and mature landscaping . The amendment is a request for change to the heighl and 10 lhe construction imposed by the PUD . It would replace the double-sided wood eighl foot high fence. with a single-sided. wood six fOOI high fence with the finished surface of the fence facing the shopping cen1er. she explained. Upon physical inspection and additional considerations and analysis, the following impacts of the double-sided fence and eight fOOI height requirement arc noted. First is easemenl, she said . The utility easement dictates thal Slructurcs noc be placed within tha1 easement area. Construct ion of a double-sided fence would require space 10 physically build 1he fence . To build the other side . you would need space 10 actually hammer and construct. she explained . It may be possible 10 construct panels and slide those panels in to 1he fence sections. however tllis also would require fence placement within the casemen1. she said . Ms . Langon advised thal another consideration is maintenance. The double-sided fence collSUllCl.ion docs not allow for maintenance of the cast side of the fence without entering private yards or removal of • •. •· • f • • Englewood City Council December 15 . 1997 Page 7 • 0 • .. existing structures. residential fences or removal of existing landscaping, she said. Considering landscaping, the double-sided fence construction on the common property line is impossible without removal of existing residential fences and most of the existing mature landscaping along that property line. Another consideration, she said. is aesthetics. Two of the twelve adjacent properties would sec the unfinished side of the single-sided fence . One property has a chain link fence only and no landscaping, and the other has a chain link fence with approximately half of the property covered with landscaping. The remaining ten properties. she said. already have fencing or landscaping or a combination that would screen them from the shopping center. she swed . Another consideration would be security . If a single-sided fence is allowed. but constructed so that the finished portion is against the property line. the same considerations of construction arc there. but also there is a consideration of security . The single-sided fence with the unfinished side to the shopping cenler could possibly jeopardize the residential property by providing a climbing opponunity for unwanted entry to the residential property Finally, the eight fOOI high fence is higher than the adjacent property fences and not in keeping with the neighborhood scale. she said . Residents who attended both the October. 1996 original neighborhood PUD meeting, and the September. 1997 neighborhood meeting regarding the modifications. found that the six fOOI high fence was in keeping with their neighborhood and acceptable to them . Considering all those points. the intent of the fence conditions was to provide noise abatement . improve aesthetic appearance and increase security for adjacent residential propcnies. she rccalled . Staff finds that the fence height and construction 1nodifications allowing a six foot high fence and single-sided fence construction along the eastern perimeter of the shopping cenler. would screen the site from adjacent residential properties. would provide a uniform appearance for the site. would allow for the construcUon requirements and allow for maintenance needs. she said. and will not disrupt or negatively impact existing residential landscaping, structures or fences . Staff believes the material and fencing amendments are positive modifications that do not negatively affect the development or surrounding neighborhood and recommends approval of the amendment to the Brookridgc Shopping Center Planned Unit Development. Council Member Waggoner asked how many of the twelve adjacent properties commented on the six fOOI fence versus the eight fooc fence at any time since the public hearing. Ms . Langon replied that there have been none . either for or against . Mayor Bums said she had commented that there had been neighborhood meetings. He asked how many of the neighbors came to that . At the original PUD . she recalled. there were six or seven people praenl and at the September. 1997 meeting there was one . Mr. Waggoner asked if they all lived adjacent . Ms . Langon said that the one in September was not one of the adjacent property owners . Mr. Waggoner said that we don 't know. then . how many of the twelve adjacent property owners would suppon a sue fooc high. single-sided fence . Ms . Langon said she docs not know . directl y. Michael Spriggs, I SOS Cottonwood Lane . Littleton. said Slaff has done an excellent job of framing the issue so he would like to keep this brief. He said he will just fill in a couple of the areas that might need to be addressed . First . he said. since Council did not get a color drawing, he wanted to be sure there was no confusion about the buildings in queslion. in terms of the roof. We arc talking, he said. about the buildings up front on Centennial and nex1 to the shopping ccnacr. The rcs1 of the roofs in the self-storage area have already been approved for asphalt shingles, he said. He said it was his own fllult that he ended up in this position . The neighbors who showed up Wllllled residential-looking roofs. he said. and wanlCd uphalt shingles . He said he wu under die DOCion thal be wanted to wrap die oulSide al this project aloag Ccnlennial with the same color roofi q IUICrial that he has an the front of the shopping ccnacr. WIien he goc into thi s and liW1ed thank ing about how to like a mew roof and then stan an asphalt roo( from that •. I· • 0 ' J- Englewood City Council December 15 . 1997 Page 8 • 0 • ,~ point on. he found that there is no way 10 do it so it looks good. II is difficult. also. to get a seal there so ii won 't leak. he added. Mr. Spriggs said he finally saw the light in tenns of the neighbors and decided to go with dimensional shingles, which are the highest end asphalt shingles you can get. He passed out pictures of asphalt dimensional shingles for Council to review, commenting that they are really the shingle of choice for upper-end houses. Regarding the neighborhood meetings, Mr. Spriggs said he had about SC\/Cn people at the first meeting and those people wanted asphalt shingles. The only person who showed up at the second neighborhood meeting was Babette Sangster. who is a planner for Littleton. He reminded Council that she showed up at the previous Planning Commission meeting and spoke against the project. She later showed up and spoke in favor of these changes. so he had the neighborhood activist who really lead the charge against him, he said. speak in favor of these two changes. In tenns of the fence. Mr. Spriggs said he personally visited everyone that lives along the property line before he came in the first time. and no one requested an eight foot fence . He said he had a comment from one of the elderly residents that she doesn ·1 care what he does. as long as he doesn't cut down her lilacs. The lilacs are extremely thick. he advised. and if he has to do a two-sided fence, the lilacs are going to be history. because there is no other way to do it. Mr. Spriggs said he has driven around the neighborhood and he has not seen any other eight foot or double-sided fences. There doesn't seem to be a clear preference regarding aesthetics. he said. and it is his understanding that eight foot fences are not allowed in an Englewood neighborhood without a special pcnnit. He said there is no requirement in Englewood that they have to put up a double-sided fence. and that is cenainly evidenced in this neighborhood. even though it is not in Englewood. Mr . Spriggs reiterated that staff has done a good job of framing the issue in areas such as aesthetics. maintenance and describing the site conditions. Council Member Waggoner said there was a concern expressed al the public hearing over noise and the eight foot. double-sided fence was to try to reduce the noise factor and provide security for the people in the residential areas so people won't come over the fence. An eight foot fence is cenainly more difficult to climb than a six foot fence, he asserted. He said he has not yet been convinced that the twelve property owners that are adjacent are all in favor of cutting the fence to a six foot fence and putting the finished side toward the development. Mr . Spriggs said he can 't be entirely cenain what any of those people arc thinking since nobody that is against the six foot fence has bothered to show up at two meetinp that they .ere given wriucn invitations to . He said he sent out 114 lctters twice, and his site was polled with eight signs and this time it was posted an additional two weeks. and the only persoo that has shown up has been someone who was in favor of it. Council Member Waggoner asked if he was talking about building a six foot fence on the common property line. Mr. Spriggs said that is correct. Mr. Waggoner asked how you can build a six foot fence on the common property line but not an eight foot fence. Mr. Sprigp said there are two issues here. One is that it is a two-sided fence. and about three fourths of thal property line already has six foot fcnc:ing on it. so it is difficult to build the other side of that fence. Mr. Wagoner said then he would not build a fence there. Mr . Spriggs said he would build a fence there because he can build his side of it. in just slighdy from the property line. on the casement. Most of the fences are generally in six inches so there is some room in there 10 do it . The other issue is the eight foot fence. he said. opining that it is overtill . Anyooc who already has a six foot fence will abut his eight foot fence. and also, he said. it is out of scale and is DOI aesthetically pleasing. As far as aesthetics. the entire sctr-saorage area is complctcly fenced. he aid, or I' - • . •· • 0 ' Englewood City Council December 15 , 1997 Page 9 ,. • 0 • surrounded by buildings. Currently, the area behind the center, he said. is not fenced and does not have a security fence. Anyone can drive in there anytime they want. Mr. Waggoner asked if there wasn't some concern about noise at the public hearing. Mr. Spriggs said then: -none. He said the people are in a situation right now where he has all the dumpsters and all the loading for the back of the shopping center. When the ga,t,agc trucks pull up at 7:30 in the morning, and lift those dumpsters up, there is notlling to shield the sound. There will be a thirty foot wide building and a ten foot dead spaa: area and a six foot fence to cleaden any sound. and, he said. he is not going to generate any trash. Mayor Bums said he does not see any problem with this. opining that it is pretty straight forward . COUNCil. MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO CLOSE THE PUBLIC BEARING. Ayes : Council Members Nabholz. Garrett. Bradshaw. Habenicht Waggoner, Clapp, Bums Nays : None The motion carried and the public hearing closed. Mayor Bums said it is Council's CUSlom that they do not vote on the ordinance in question at the time of the public hearing, but wait until the next time Council meets. 10 . Content A,:ealla COUNCIL MEMBER WAGGONER REMOVED 10 (a) (Ui) FROM THI CONSENT AGENDA COUNCil. MEMBER CLAPP REMOVED 10 (a) (11) FROM THI CONSENT AGENDA COUNCil. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (I), (II), (Iv), (v), (vi), (vii), (viii), AND (111) ON FIRST READING. (a) Approval of Ordinances on First Reading (i) COUNCIL BILL NO . 103 , INTRODUCED BY COUNCll. MEMBER WAGGONER A BILL FOR AN ORDINANCE APPROVING AN 11'ITEROOVERNMENT AL AGREEMENT FOR A TEMPORARY AGREEMENT BETWEEN 1lfE CITY OF ENGLEWOOD AND CENTENNIAL WATER AND SANITATION DIS11UCT TO PROVIDE ADDmONAL WATER TO CENTENNIAL UN11L A PERMANENT AGREEMENT IS APPROVED . (ii) COUNCll. BILL NO . 102, INlllOOUCED BY COUNCll. MEMBER WAGGONER A BILL FOR AN ORDINANCE APPROVING A LICENSE AGREEMENT BETWEEN 1lfE CITY OF ENGLEWOOD . COLORADO, AND 1lfE REGIONAL TRANSPORTATION DISTRICT (RID) TO ENCLOSE CITY DITCH AT 1lfE MINERAL A VENUE PARK-N-RIDE WEST OF SANT A FE DRJVE . .... . ' •· • 0 I - Englewood City Council December 15. 1997 Page 10 <. • • I• • (iv) COUNCIL BILL NO . 111. INTRODUCED BY COUNCIL MEMBER WAGGONER A Bll.L FOR AN ORDINANCE APPROVING SUPPLEMENT NO . 134 TO TifE SOUTHGATE SANITATION DISTRICT CONNECTOR'S AGREEMENT WTm TifE CITY OF ENGLEWOOD , COLORADO FOR TifE INCLUSION OF LAND wrmIN TifE DISTRICT BOUNDARIES . (v) COUNCil. BILL NO. 112, INTRODUCED BY COUNCIL MEMBER WAGGONER A Bll.L FOR AN ORDINANCE APPROVING SUPPLEME1'rf NO . 135 TO TifE SOUTHGATE SANITATION DISTRICT CONNECTOR'S AGREEMENT Wl11f TIIE CITY OF ENGLEWOOD , COLORADO FOR mE INCLUSION OF LAND wrmIN mE DISTRICT BOUNDARIES . (vi) COUNCIL BILL NO . 108. INTRODUCED BY COUNCIL MEMBER WAGGONER A BILL FOR AN ORDINANCE AUTHORIZING AN EXTENSION FOR 1998-1999 OF AN l!lrraRGOVERNMENTAL AGREEMENT BETWEEN TifE UNITED STATES DEPARTMENT OF TifE TREASURY BUREAU OF ALCOHOL, TOBACCO AND FIREARMS AND mE CITY OF ENGLEWOOD FOR mE IMPLEMENTATION AND CONTINUING OPERATION OF mE GANG PREVENTION TASK FORCE KNOWN AS GANG RESISTANCE EDUCATION AND TRAINING (G.R.E .A.T .) PROGRAM IN BOTH PUBLIC AND PRIVATE SCHOOLS IN TifE CITY OF ENGLEWOOD, COLORADO . (vii) COUNCIL BILL NO . 109, INTRODUCED BY COUNCIL MEMBER WAGGONER A BILL FOR AN ORDINANCE AUTHORIZING mE ACCEPTANCE OF COPS MORE 96 GRANT FROM mE UNITED ST A TES DEPARTMENT OF JUSTICE. OFFICE OF COMMUNITY ORIENI'ED POLICING SERVICES . (viii) COUNCIL BILL NO. 110, INTRODUCED BY COUNCil. MEMBER WAGGONER A BILL FOR AN ORDINANCE AlTl1IORIZING mE ACCEPTANCE OF LOCAL LAW ENFORCEMENT BLOCK GRANT (LLEBG) FROM TifE UNITED ST A TES DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS . BUREAU OF JUSTICE ASSISTANCE . (ix) COUNCIL BILL NO . 114 , INTRODUCED BY COUNCIL MEMBER WAGGONER A BILL FOR AN ORDINANCE AlJlllORIZING 11IE ACCEPTANCE OF A VALE GRANT FROM 111E VICTIM ASSISTANCE LAW ENFORCEMENT BOARD OF 111E 18nt JUDICIAL DISTRICT . Ayes : Nays : The motion carried. Council Mcmbcn Nabbolz, Gama. Bradshaw, Habellicbt, Waaonc,. Clapp, Bums None "' - ' ' . ' • .. • • 0 , I • • • • 0 • Englewood City Council December 15 , 1997 Page II (iii) Director Fonda pn:scnled a n:commcndation from lhc Utilities Depanment lo adopt a bill for an ordinance transferring City Dilch water righlS 10 South Suburban Park and Recreation District. Council Member Waggoner asked if ii is absolutely nec:essary lo transfer the water rights to South Suburban. or can wc keep them in the Hudson Foundation. Mr. Fonda replied that the Hudson Foundation has been purchased. Mr. Waggoner said that the propCl1y has been purchased. Mr. Fonda said that is com:ct ud that Denver owns the water rights and they go with the land. Denver owns the overall rights ud there is a contract lo supply water to the Hudson FOlllldllion. that's what all the watcr users on City Ditch have. In this case, he continued, ii requires at least Denver's consenl ud they are asking for our consent. When they bought the land. he advised. they bough! the water contract and as long as they pay their dues, they have it. Denver has no problem with consenting to the transfer, he said, adding that he docs noc know if they could stop it if they did. Council Member Habenichl asked if there is any problem with keeping ii wilh 1he Hudson Foundation. or is it something we have lo do. Mr. Fonda replied lhat the Hudson Foundation will nor own thc land or the water rigblS. Mayor Bums said this is really a legal issue. Mr. Fonda said the Hudson is selling all of this 10 South Suburban Park and Recreation along wilh lhe water rights. wc are simply saying it is okay. adding that be doubts thal it would make any difference if we said no . Council Member Waggoner asked if there is enough pl'Olcction to keep them from using that water somewhere dsc. Mr. Fonda replied lhal. 10 IDO\'e it. they would have to come to us and 10 Denver. but they are not proposing lo do thal. Mayor Bums recalled thal Littleton's fonncr mayor. Dennis Reynolds. saying thc City was trying to broker a solution to the Hudson Gardens problem because of their lack of cash Oow . The solution to that problem is for South Suburban to purchase their property and run ii as a business enterprise as much as an aruaction. Mr. Fonda agreed. adding that the water rigblS for using that many inches at that ditch go with the land. COUNCIL BILL NO . 113. INl1tOOUCED BY COUNCIL MEMBER WAGGONER A BILL FOR AN ORDINANCE AU1lK>RIZJNG AN INmRGOVERNMEl'lf AL AGREEMEl'lf WHICH ACCEPTS AN ASSIGNMEl'lf FROM TifE HUDSON FOUNDATION TO SOllnt SUBURBAN PARK AND RECREATION DIS11UCT. WHICH INCLUDES A CONSEl'lf TO ASSIGNMEl'lf AGREEMEl'lf BY 11fE CllY AND COUNTY OF DENVER. BOARD OF WATER COMMISSIONERS AND TifE CllY OF ENGLEWOOD . COLORADO PERTAINING TO CllY DITCH WATER RIGHTS . COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 10 (a) (111}--COUNCIL alLL NO. 113. Ayes : Council Members Nabholz. Garrett. Bradshaw , Habenicht. Wagoner. Clapp. Bums Nays : None The motion carried. . ' • •· • 0 - - • • Englewood City Council December 15, 1997 Page 12 • • • (x) Director Gryglcwicz prcscnled a recommendation from lhe Dcpanmcn1 of Financial Services 10 adopl a bill for an ordinance amending lhe city code pertaining 10 requiremcnlS for Trash Hauling Licenses. Council Member Clapp said lherc arc some citizens who arc concemcd aboul senior citizens . She asked if ii is legally poaiblc 10 require all llllSh hauling companies. who oblain a license in lhe Cily of Englewood. 10 give special senior citizen ralCS. She said she lhinks mosl of lhem do , bul based on a pcrceniagc of lbeir income. Council Member Gam:tl said thal some of lbem give diSCOWIIS based on how much IJ'aSh you pul out. He said he gcu a cliscounl because he is a one bag guy . Ms. Clapp asked if lberc is a way IO make lhal a requirement Ciiy Attorney Brotzman said you can make lhal a requircmenl in various ways . You can do ii based on lhe amounl of lraSh you have or give senior ralCS. At the infonnal meeting, he recalled. all lhe trash haulers said they have senior rates . If wc want 10 make senior rates a requiremcnl. he said. you can. you just have lo decide whal method 10 use . Mayor Burns asked iflhis is lhc ordinance wc would do 1ha1 under. Ciiy Altomey Brotzman said if Council wanlS 10 have senior rates. Ibey would have 10 add lhal lo Ibis ordinance. Mayor Burns said wc have lalkcd about lhis previously, because lherc arc a number of seniors who eilher don '1 have much trash or !heir children lake lbeir trash. and Ibey arc fixed income people . Council Member Bradshaw asked if Ibis lype of legislation would just make people hoard trash . Director Gryglcwicz replied thal lbe license ilSClf has always been in effect. Cily Altomey Brotzman said that issue is rclaled 10 lbe mandalory IJ'aSh removal ordinance. Council Member Clapp asked if wc could leave lhe discounl up lo lhe trash hauler 10 eilber do ii on volume or income. She wanled 10 know if wc could build something in lherc lhal is going 10 protect lhem and mandale lhal if Ibey arc going IO do business in Englewood Ibey have 10 lreal our senior citizens fairly . Cily Anomey Brotzman said we currcnlly have something like 1ha1 in effect on 1he ambulance issue. Council Member Waggoner said ii seems like he heard SOIMWbere lhal even our lraSh haulers now have a one bag rule . If you only have one bag. you pay a lot smaller fee . Mr. Gam:tl agreed. adding thal Ibey give you a ChrililJDaS c:xcepbOII . Mayor Burns asked. if wc already have Iha(, lhen wc arc lalking about lbe seniors. Council Member Habcnichl said she doesn '1 lhink WC really have lhal. If WC have ii now, how do WC guaranlec lhal it will continue, she asked . II is a volunuuy lhing now . and wc don 'I wanl 10 sec it change. Council Member Gumt said wc arc not requiring a single hauler. wc arc not contracting with mmebody to lake all lhe trash away . We have a competitive process here. he said. and one of lbe competitive advantages is lhal. if you offer senior citizen discounts, people will use lbe service lhat offers lbe bat deal. He said he pcnonally chose his lraSh hauler because Ibey offered a cheaper rate, since he recycles a lot he doesn 't produce much trash . He said he would rather let lhe marketplace do that for now . lfwc go IO a single hauler, he allowed. lhen wc would have lo address lbe iaue. Council Member Clapp said lhal. if Mr . Gumt is convinced lhat lhe maJtdplace will take care of it. then she will agree . Council Member Gumt said if it doesn 't, wc will still be here . ...... •· • 0 f I Englewood City Council December 15 , 1997 Page 13 • • • , . COUNCil. Bll.L NO . 98 , l)'(J'RODUCED BY COUNCil. MEMBER CLAPP A Bll.L FOR AN ORDINANCE AMENDING TI1l.E 15, CHAPTER 2, SUBSECTION 3, AND ENACTING A NEW TI1l.E 5, CHAPTER 26, OF 1llE ENGLEWOOD MUNICIPAL CODE WHICH PERTAINS TO TRASH HAULING LICENSES . COUNCil.. MEMBER CLAPP MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 10 (a) (s)-COUNCll. BW. NO. 98. Ayes : Council Members Nabholz.. Garrett, Bradshaw. Habcnichl Waggoner. Clapp. Bums Nays : None TIie motion carried. (b) Approval of Ordinances on Second Reading COUNCil.. MEMBER WAGGONER MOVED, AND IT WAS SECONDED. TO APPROVE AGENDA ITEM 10 (b) (I) ON SECOND READING . (i) ORDINANCE NO . 88, SERIES OF 1997 (COUNCIL BILL N0.10 I. INTRODUCED BY COUNCil. MEMBER BRADSHAW) AN ORDINANCE AMENDING TI1l.E 5, CHAPTER 38. SECTIONS , ENGLEWOOD MUNICIPAL CODE I 985, TO PROVIDE FOR CONCURRENT REVIEW BY 1llE ENGLEWOOD LIQUOR LICENSING AumoRITY AND 11iE ST ATE OF COLORADO LIQUOR ENFORCEMENT DMSION OF NEW LICENSE APPLICATIONS IN ACCORDANCE WITH 1llE ST A TE OF COLORADO LIQUOR CODE REGULA 110N. Voteraultl: Ayes : Council Members Nabholz. Garrett. Bradshaw . Habenicht, Waggoner. Clapp, Burns Nays : None TIie motion carried. (C) Resolutions ud Motions COUNCil.. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA rn:MS II (c) (I) THROUGH (rill). (i) RESOLUTION NO . 110, SERIES OF 1997 A RESOLlJTION AUTHORIZING 1llE COLLECTIVE BARGAINING COJIITRACT BETWEEN 1llE ENGLEWOOD FIREFIGHTERS LOCAL NO . 1736 AND 11iE CITY OF ENGLEWOOD FOR 11iE PERIOD OF JANUARY 1. 1991 llfROUGH DECEMBER 31 . 1991 . (ii) RESOLUTION NO . 111 . SERIES OF 1997 A RESOLlJTION CORRECTING 1llE PURCHASE AMOUNT FOR 11iE HOME LUMBER PROPERTY. PREVIOUSLY APPROVED BY ORDINANCE NO . 72, SERIES OF 1997, FROM $4~.000 TO 1llE CORRECT PURCHASE PRICE OF $460.000 . (iii) RESOLUTION NO . 112. SERIES OF 1997 ..... • •· • 0 . , tn, , I • • - Englewood City Council December IS. 1997 Page 14 A RESOLITTION FOR A SUPPLEMENT AL APPROPRIATION FOR llfE YEAR-END 1997 BUDGET FOR 111E CITY OF ENGLEWOOD. COLORADO . (iv) CONTRACT WITH INTERMOUNT AIN COLOR. IN llfE AMOUNT OF $28.036 .00. FOR ACTIVITY GUIDE PRINTING . (v) SEWER TAP AGREEMENT WITH AMERISUITES HOTEL. (vi) PURCHASE OF nDlEE RAW SEWAGE PUMPS. IN 11IE AMOUNT OF $134.916 .00. FROM GOBLE SAMPSON ASSOCIATES. INCORPORATED . (vii) CONTRACT WITH TIJXALL UNIFORM AND EQUIPMENT. INCORPORATED FOR NON-EMERGENCY. POLICE. AND FIRE UNIFORMS IN TIIE ESTIMATED AMOUNT OF $60.000 .00 . (viii) CONTRACT WITH QUINCY CLEANERS FOR CLEANING SERVICES FOR NON-EMERGENCY . POLICE. AND FIRE UNIFORMS IN TIIE ESTIMATED AMOUNT OF $45 ,000.00 . Vote realtl: Ayes : Nays : The IIIOlion c:anicd. II. lleplarApNa Council Members Nabholz. Garrett. Bradshaw. Habenicht. Waggoner. Clapp. Burns None (a) Approval o(Onlinanc:es on First Reading (i) Neighborhood and Environmenlal Technician Langon presented a recommendation from the Clean. Green and Proud Commission to adopt a bill for an ordinance amending the City Code relative to trash collcctioo. She advised that staff participation in this project has been one of a supportive and clerical role . She said the actual work has been performed by the Clean. Green and Proud Commission Municipal Solid Waste Subcommiuee. Don Roth. the chair of that subcommiuee. is here this evening. she advilrlll. to help anner questions and coac:cms. Mayor Bwns said Council has been over this extensively in Study Sessions in the past. Council Member Nabholz recommended holding a public hearing on this maner. acknowledging that Clean. Green and Proud has done years worth of work in this. Council Member Bradshaw agreed. COUNCU.. MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO SET A PUBUC HEARING JOR JANUARY 19, 1991 TO GATHER PUBUC INPUT CONCERNING MANDATORY TRASH REMOVAL Ayes : Council Members Nabholz. Garrett. Bradshaw. Habenicht. Waggoner. Clapp. Bums Nays : None The motion carried. ... •· • 0 , I • Englewood City Council December 15 . 1997 Page 15 • 0 • The Deputy City Clerk was asked to read Council Bill No . 99 by title: COUNCll.. Bll..L NO . 99. INTRODUCED BY COUNCll.. MEMBER WAGGONER A Bll..L FOR AN ORDINANCE AMENDING TITI.E 15. CHAP'IBR 2. ENTITI.ED TRASH. JUNK AND SALVAGE. OF 1HE ENGLEWOOD MUNICIPAL CODE I 985 . COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (l}--COUNCIL BILL NO. "· Council Member Oamtt asked whether we want to have some kind of waiver mechanism added. since we have a lot af citizens who don't need mandalory trash pidtup. Also, he said he is not clear how to prove he has trash pidtup. since there is nothing in the bill that specifies how that is done. Lastly. he would like to make sure tbat this is not curbside pickup, that if they pick up in the alleys today . they can continue to pick up there. Mayor Bums said it is not curbside pickup. Council Member Bradshaw added her concern that this would encourage people to hoard trash in their houses . She m:alled thal they just dealt with an issue on Grant Street two weeks ago thal was unbelievable. If they won ·1 pay for the trash pickup. it might not be visible because they are keeping it in their house. she explained . Mr. Waggoner said that is what Clean. Green and Proud was aiocemed about. If you stan granting exceptions. people don't sign up for trash pickup and then you stan getting people who keep the trash somewhere . Ms . Bradshaw added that they might put it in the business communiiy "s dwnpaers . She asked if this would prevent that. Mr . Waggoner said they hoped it would because everyone was to subscribe to the trash collections. Ms . Bradshaw asked if that would include people like Mrs. Baker . Mr. Waggoner said yes . Mayor Bums said the question is whether she would have a special rate and he R:Called from their public discussions that this was. indeed. their concern. If you don ·1 require it of everyone then you could have this trash accumulation. and the mood of the community seems to be for code enforcement and to have it without any exceptions. Council Member Habenicht said she would be willing to vote for this on first reading. since we are going to be h:wing a public hearing on it. She said she really wants lo listen to what people have to say , since there might be some ideas forthcoming that might addraa thole issues that wen: brought up. She said the Clean. Green and Proud Commission has done a yeoman's job oa this difficult task . Yet . she allowed, she has probably had more calls on this than any other issue since she has been on Council . especially in the last two or three weeks . She said that was prior to her making a comment that Mr. Munds quoted in the paper. She said her comments were precipitated on the amount of comments she has had on this . She said we need lo be open to what we can do to address the ooncerns about lwdship. Council Member Bradshaw said she has a problem with passing more rules that are difficult to enforce. That is in general with any rules that we pass. she said. We sbouJd ask how much the enforcement COlt5 us and if it is effc:ctive. she added. because we have many thinp on our books that aren 'I very enforceable. Mayor Bums said it is imponant to hear from members of the Clean. Green and Proud Commission at the public hearing. also. because they have had study sessions with Council and have gone to some length to explain their survey results and why they feel the ordinance should be wrinen this way . - •. •· • 0 ' }- • Englewood City Council December 15 . 1997 Page 16 • 0 • I• Council Member Bradshaw said under general regulations on page 2, item (e), "no occupant. lessee or owner of real property shall sweep into or deposit in any gutter, street, alley or public place, grass clippings. leaves, branches or trash." She asked how that is enfon:cable. People do that. she said. and she has told her neighbors they can't do that but they do it anyway. Council Member Waggoner said he complained about one once and they gOI a ticket. Mayor Burns said it is one of those things that is enforced by a phone call. Council Member Bradshaw said she has a concern about us going in between neighbors talking to neighbors about issues and us ending up being the policing agent. She said. however, that she will vote for this on first reading just to get it on the table. Vote reaaltl: Ayes: Nays : The motion carried. Council Members Nabholz. Garrett. Bradshaw. Habenicht, Waggoner. Clapp, Burns None (ii) Neighborhood Community Coordinator Graham presented a recommendation from the Department of Neighborhood and Business Development to adopt a bill for an ordinance extending the moratorium in the North Englewood Small Area Plan area until July 13. 1998. This is in order to complete two things that arc on-going, he said. One is environmental assessment. and the other is a wning proposal. Mapping out the length of time it takes to get wning through the Planning Commission and the City Council. Mr . Graham said it takes between five and six months. If we swt on January s• with the comp plan amendment and we take that through the Planning Commission in a timely order. he said. then swt in February takillg implemenwion through. wbic:h is a 7.0lling ordiDaacc change, we could not get it through and dl"clclM: lllllil July 13'". The recommendalioa is to do ..,.....b,ng other than what the bill for an ordinance says. be advised. and called Council's al1eDtion to a chaqe tbal he has discusscd with City Anorney Brotzman. We aR asking, he continued. that Council extend the moratorium. but without the one week pp. instead providing two specific exceptions. One for a pn,jcct. which has Planning Commission approval, for a ainditional use permit . The other one has the federal government requiring some modifications to a 1ue1 storage system. In order to comply with those federal regulations. it takes approximately eight months to get the paperwort through 10 remove the underground tank and replace it with an above ground tank. The specific change in the bill for an ordinance. that would have this effect. is under section three. he said. Instead of the moralOrium crcaaed by this ordinance running from February 16. 1998. this one should run from February s• through July 13•_ Mr. Graham said it might also be desirable to add a section for noting the specific excepcions. Council Member Habenicht said she would be curious to know when this exception for the conditional use was granted or reviewed by the Commission and if it bad anything to do with the potential outi:ome of this study . Mr . Graham responded that the ooaditional use permit was granted on July 8, 1997 . The applicant in this case has been waiting approximaldy six Dallhs already to move forwanl on a building penniL he said. Ms . Habenicht asked when the mor.dorium began. Mr. Graham said he does not have the answer to that right here. Mayor Bums said it is in the first Whereas clause in the ordinance. which is June 22 , 1997 . Council Member Habenicht said her concern about granting the exceptions would be if the exceptioos would somehow be contrary to what might develop and we will have done the community in somehow, in terms of what kind of zoning we aR looking at. ..... •· • 0 • • Englewood Cily Council December 15. 1997 Page 17 • • • Mr . Graham said this is ccr1ainly a consideration. We arc generally advising covers two risks that you arc taking. One is by temporarily causing this person to delay his project then: may be some costs 85IOCialed with that and there may be some expectation in the future that the Cily reimburse this property owner for those costs. The proposal to grant the exceptions is one way to diminatc that risk. Council Member Habenicht asked if this conditional use came to Council. Mr . Graham said it did oot. as conditional u,es are decided by the Planning Commission. Ms. Habenicht asked if then: was public comment on that and iftbcrc MR people opposed to the conditional use . Mr. Graham said he does not recall the testi.-y that night. Referring to Council Member Gamu. be said there is a Council Member who WIS sitting on the Planning Commiaion that night who might recall. Mr. Garrett said he did not recall. Council Member Nabholz said she WIS then: for both of thole meetings and. to the best of her recollection. there was no one who spoke against this. She said her conc:em is that wc do as staff has rec:ommcnded. She feels that if wc have a one week window of opponunily, wc will absolutdy open the ftoodples as to what could come in. She stated that wc have worllcd very long and hard to modify what is aa:eptablc in Englewood at this point in time. Council Member Waggoner asked if wc do the same thing by granting an exception. Will wc be opening the ftoodples for mon: rcqucstS for exceptions because wc granted one? Mayor Bums said he does not feel tbcrc is a precedent set leplly. Cily Attorney Brotzman said you will probably get mon: requests for conditional uses and you may jeopardize whether this is a valid moratorium or not by not gapping it. The a1aarioa would be. be said. that if you are going to 10 thal way. you simply do ii through the Planning ud z.i111 procm. cncountging -exceptions. but making all iaues that MR appnMd as conditional -by PluniDg wl Zoaill&, wllic:II botb ofdlelc arc. exempt from the monlOrium. He agreed dial Plmillg ud z.illl amy .. -...... ilr coadilioul -· Cily AllllrDCy Broczawi said the..., of this with a pp ii dial )'OU aay .. a '* clllrillg dial pp period thal you rally don't want. Mr. Graham said it is his undcnlandillg that the applicaal was actually in the pnlClCII ud bad applied for bis conditional use permit bcfon: the monlllrium bcpn. In dial ca& lie -'t pandfadlered in the origiaal --.rium and bas been waiting through the lira ciglll monahs. He maintained that if you granted the condition nanuwty enoup to aJlllider dlUlp like that. then you are finding a solution that amsida'I the health, safely and ~ of COIIMaUlity ud DOI panting somclhing ullitrarily. It is a quellioa of whether it wallcns the -11 ...aorium . Council Member Habenicht asked if the monlllriam. from tliis poilll forward. for the next small dunlion of time. al111 cxcmptS conditional use for this. beclllle of Ille kinds of thinp wc are doing. Maybe thal would be a way of doing that. she opined. not to pena1iZJe -who was in there ahead of time. but keep mon: conditional u,es from coming in. She opined thal that would jUII burden staff and Planning and 1.oning and maybe put us in a lihlllion whcR we are being c:ounterprOductvc . Council Member Gama clarified that. if Ibey were in the queue line before the monlorium swted on June 22•. in the conditional use prom&. we lllou1d lcl tllcm cunt.inue thal pnxlCII. Council Member Habenicht agreed and asked if that coald be indaded. Mr. Gnbam said thal would nae ...... Ille ftlqUell ilr die r.t 1111k by the Wimlow COBanlC:lioa Company. City AllllrDCy Bniunu llid lie belieWI ii 1-allady bcen appnMd. Mr. GIUllll llid be • • 0 , • Englewood City Council December IS. 1997 Page 18 '· • 0 , . • spoke to Fire Marshall Greene and undcrslallds lhal they did not have Board action on that request, however they would be hard pressed to meet the federal requirements if they have to wait until July 131h to begin. Council Member Habenicht said that what she is asking is whether there is something wc can do that will say okay on these two, but wc don't want to have to deal with conditional uses or anything else coming up in the moratorium period. Mr. Graham said the only time we plan to ask for the extension is now, and so this is the one opponunity that businesses who have applied for permits have the opponunity to come to us and say wc arc feeling the pressure, wc have been waiting through the first moratorium to get permits or licenses and we feel it is unfair to extend it. We were only uying address those two concerns that have been brought to our attention. he said. Council Member Habenicht asked ifhe was saying. then. lhal it is not a problem. Mr. Graham said he docs not think it will be . Council Member Waggoner asked if Mr. Brotzman c:ould rcc:ommcnd some terminology . City Attorney Brotzman responded that one is to change February 161h to February s• and. secondly, that conditional uses approved by the Planning and Zoning Commission shall be exempt from the moratorium . Council Member Garrett asked if this should be prior to this date or just any conditional usc . Mr. Brotzman said you can do it either way . Mr. Garrett said if you say prior to today" s date. it cuts them off so we won 't sec a lot of conditional uses in January, February and March . What we can do. he said. is treat the Winslow Construction Company as being in the process. let them finish out their conditional usc process for the tanks. if it hasn't already been completed. because they have stancd their process already . Mr . Graham said it is his understanding that they arc not required to obtain a conditional use . only the building permit for the tank. Mr. Brotzman said he understood that. if you were doing above ground Slorage tanks in the zone district lhal you would have to have a conditional use . Mr . Graham said when he checked on that he c:ould not find the requirement for a conditional usc . He asked how that should be handled . Mr. Brotzman said we will take it through Planning and Zoning anyway . Mayor Bums asked if wc arc clear as to what the amendment is . The Deputy City Clerk was asked to read Council Bill No . 104 by title : COUNCIL BU..L NO . 104, INTRODUCED BY COUNCIL MEMBER WAGGONER A BILL FOR AN ORDINANCE EXIBNDING THE TEMPORARY SUSPENSION OR MORATORIUM PERTAINING TO l1iE ISSUANCE OF PERMITS AND l1iE GRAl'rTING OF LICENSES FOR THE PROPERTY LOCATED BETWEEN YALE ON l1iE NORTH. DELAWARE ON 11iE EAST, SANT A FE ON l1iE WEST AND DARlMOUTH ON THE SOU11i. FOR A PERJOD OF FIVE MONTHS AFTER A TIME LAPSE OF A WEEK . MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (ii)-COUNCIL BILL NO. ICM. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO AMEND COUNCIL BILL NO. UM BY REMOVING FROM THE TITLE TH! STATEMENT "fOR A PERIOD OF FIVE MONTHS AFl'ER A TIME LAPSE OF A WEIK", REMOVE THE LAST WHEREAS, AND AMEND SECTION THUE BY CHANGING THE DA TE OF RBRUAJlY 16, 1991 TO FEBRUARY S, 19'1 AND TO INCLUDE WITHIN THAT SECTION TBA T ANY - ,- •. • • 0 , ·- • Englewood City Council December 15. 1997 Page 19 • 0 • CONDfflONAL USE THAT WAS IN THE PROCESS PRIOR TO DECEMBER 15, 1997 WILL CONTINUE ALONG TBA T PROCESS FOR FINAL APPROVAL, AND THOSE SHALL BE EXEMPT FROM THE MORATORIUM. Ayes : Council Members Nabholz. Gama. Bradshaw, Habenicht. Waggoner. Clapp. Bums Nays: None The mo6on carried. Vote rea1t1 oe die ori&i•al aotiOII u -*d: Ayes : Council Members Nabholz. Gama. Bradshaw. Habenicht. Waggoner. Clapp. Bums Nays : None The mocion canied. (b) Approval ofOnlinanccs on Second Reading There were no additional items for approval on second reading. (Sec Agenda Item IO (b) • Consent Agenda .) (c) Resolutions and Motions (i) Director Gryglcwicz presented a recommendation from the Department of Financial Services to adopt a resolution acccpling changes to the City's in\'CSlJIICIII policy. He DOied Council should have received, in their packet. a black lined copy of the investment policy with the additions in bold and the clclctions struck out. He explained thal the policy was originally inslilllled in 1990 and this is the third amendment to that. Normally they would have a study ICSSion. be said. but as the study session agendas have been so full they went forward with the black lined copies. Council Member Habenicht said that one thing that she has never really seen in our ilNellmcol policy. which she brings up every lime it comes up, is thal from lime to lime Council paaes resolutions, proclamations. ordinances or what have you, that have a particular point of view on certain things. Things such as pro environment or not pro environment. or pro child or not pro child. the kinds of things Council will actually take a stand on. Ms . Habenicht said she is wondering if they arc. indeed. with our investment policy supporting those things which might be contrary to other policies that Council might pass. She questioned whether there is any way to track thal. Ms . Habenicht advised that she always raises the issue because she feels it is an imponant thing. because we arc tacitly supporting some things if wc arc investing in them. She asked if we arc at limes going to be caught or is IOIIICbody going to find us supporting something financially that we have politically opposed or vice versa. Director Gryglcwicz explained that. in looking at the inVCllmellt policy, the cash inVCSllllCIIIS. what wc invcsl in. arc generally notes and bonds of the United States gowermnen& and we ..,.Uy don ·1 have any opposition to their policies . He advised there arc no equity illVCllfflellls in this policy. it is all liquid in\'almcRIS. Council Member Bradshaw asked why we have the CUIIOdial bulk ia Arizona . Director Gryglewicz explained that it is actually Wells Fargo . So. Ms . Bradshaw said. thal is their aJf1101111C headquarters. but it is the Wdls Fargo in Englewood . Mr. Gryglcwicz said thal is correct. WC work with the bank bcrc, but. for safekeeping. we work out of Arizona. they jusl don't handle 11111 bcrc ~-Mayor Bums a11111naMccl that a lol of their processing is done in Arizoaa -· CYCR their check proccssillg. ' , •· • 0 , 2 Englewood City Council December 15 . 1997 Page 20 • 0 • Council Member Habenicht asked if there are banks that have their corporate headquarters in Colorado that would be able to serve us as well . Mayor Bums noccd there are not a lot any more and they might be 100 small to handle the accounts. Director Gryglewicz said probably not. at least not one that would be as competitive. Mayor Bums asked if that is why we have achieved the higbesl rating on our investments, because they are so safe. Director Gryglewicz said that is right. we don't have a lot of risk in our ponfolio, it is mainly United Stales Treasury. In response to Council Member Bradshaw. Director Gryglewicz advised that we don't have any foreign investments right now and he will let Council know if we do . The resolution was assigned a nwnber and read by title: RES0LIJI10N NO. 113 , SERIES OF 1997 A RES0LIJI10N ACCEPTING CHANGES OF 11iE CITY OF ENGLEWOOD 'S INVESTMENT POLICY PER ORDINANCE 45, SERIES OF 1995 . ADOPTED ON FINAL READING SEPTEMBER 5. 1995 . COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM l l (c) (i) -RESOLUTION NO. 113, SERIES OF 1997. Ayes: Council Members Nabholz. Garrett. Bradshaw. Habenicht. Waggoner. Clapp. Bums Nays: None The motion carried. Council Member Bradshaw told Director Gryglewicz he did an excellent job. (ii) Director Fonda presented a recommendation from the Utilities Department to approve. by motion, a bid to Centric-Jones for the Allen Water Treatment Plant Improvements in the amount ofSI0.480.200.00. Council Member Bradshaw asked if this was the one Mr. Neumann was talking about. Mayor Bums said yes. Director Fonda opined that they received exceptionally good bids, they were substantially under the engineer's estimate and they are all clustered in the same area. He said he would have the engineer review Mr . Neumann's comments and provide him with answers . lfhe is correct. Director Fonda advised they can issue change orders if they can get an aa:cptable change order negotiated. Mayor Bums said that was one of his questions. Director Fonda swed you can. although those are in the thousand dollar range when you add them all up . He advised Council should pass this tonight because we have received an incredibly good loan al an incredibly good interesl nlle . He commented thal they do not want to delay the project because ii just keeps putting off' the completion . DireclOr Fonda advised that. typically. they would have about a 5% lo 10-/e contingency for change orders anyway. He noted they could be in the range of up to between a half a million and a million dollars on something like this. He advised they may get into that range because of underground conditions or they may get into tbal range becauac they were pushing the engineer very bani 10 get this done so we could move fonward with the lou. He opined they have a lot of nexibility because we got such a good bid. Mr . Fonda conunealed that he was quicc .orric:d Iba& we would go over the engineer's estimate of S 12 . 700,000.00 pvea tlais biddiq ODlldilion . He noted be was pleasantly swprised that we got as many bidden • we did. He advilld thal in the middle m Ille pn,caa, when it looked like we were only going 10 get two or three bids, we cxtcndcd the time • -ai m than ;- -, • -1 trr, •· • C , - Englewood City Council December 15, 1997 Page 21 •, • 0 - said they would like 10 make a go al it. However. Din:ctor Fonda Slated. lhc conditions could change very quickly in this bidding climate. Council Member Bradshaw commented that she understood Mr . Neumann to say !here would probably be a million dollar change order coming through right away. She asked that Director Fonda please cbc:ck all of lhc concerns. Director Fonda said he does not know lhc basis for that. He Slated lhc change order they are anticipating right now is one they couldn 't get designed. It is $150,000.00 for something that was found during the building department review, where we have to put in a grounding loop . He advised that as they do the line cleaning they tend to coat the lines and this is something they are evaluating as they are going. If they clean the distribution S)'Slelll lines down with our boring machine then that takes it down to bare metal and we get rust for quite some time . He SWCII there are some new syslems on the market where you put a polyphosphate out and it will COil the lines and so we can eliminate that problem and get much more effective line cleaning. He noted we do have a lot of deposits out on the lines so that's one of the next things we are going after. As pan oftbat. he noted. the two came together. but it was too late 10 get it into the plans and spec:s. so we will problbly be issuing a change order after we get the design done . Council Member Bradshaw asked what his estimate would be on that. Din:ctor Fonda advised it will be about $150,000.00 on lhc polyphosphate feed sysaems. but he thought we are probably anticipating about $200,000.00 at this point. Council Member Habenicht Slated we do have the Water and Sewer Board serving some oversight on this, as well as the Council . But. she asked. on a project such as this. have we ever appointed an outside group to serve as an oversight committee to sort of provide checks and balances and accountability. Din:ctor Fonda advised that has been the Water and Sewer Board's function . Mayor Bums said that was what he was going to say , that we have a committee. Council Member Bradshaw agreed that we have a committee. So, Council Member Habenicht said. that is the oversight committee. She commented that is what she wanted to know. Council Member Bradshaw Slated that as long as Din:ctor Fonda will address Mr . Neumann 's concerns that she has no problem moving this at this time. Mayor Bums noted it seems there was some pretty close competition between Centric-Jones and Western Summit on this. He asked Director Fonda if that was one reason he n:conunended Centric-Jones. because we are already working with them. Mr. Fonda said no , that they recommended them because they were the low bid. He commented that they did substantial investigations and they are both very good companies. so they went with the low bid . Council Member Clapp asked if there was any way they could request a follow-up through a study session in the next few weeks. to see if we have considered other materials and if there is going 10 be a big change in this. Director Fonda Slated he will provide the report to Council. that they get from the engineer. COUNCIL MEM81R 8RADSHA W MOVED, AND IT WAS SECONDED, TO AW ARD TIU ALLIN FIL TIR PLANT IMPROVEMENT am TO CENTRIC.JONIS IN THE AMOUNT $10,4I0,280.00. Ayes : Nays : The mot.ion carried. Council Members Nabholz. Garrell Bradshaw. Habenichl Waggoner. Clapp, Bums None (iii) Director Fonda prcscnled a recommendation from the Utilities Depanmen1 to approve. by motion. lhc purchase and construction of a metal building sys1em at the Beneficial Use Fum Headquarters site from Hallmark Builders in lhc amount of$12 l ,9S3 .03 . He advised that they sent this •. I· • 0 ' • Englewood City Council December 15 . 1997 Page 22 • 0 • I • out 10 several bidders and only n:a:ived one bid . It was over our estimate, but. he noted. that was a Slaff estimate. that they were just making a stab at what a building out al that location would cost . He said Ibey would recommend going ahead with it, because Bi-City needs that building constructed so they can keep their equipment out lhcrc and be able to function better through the winter months . Director Fonda stated there arc adequate rescm:s in the sewer fund and they will not go over budget if we go ahead and purchase this. He explained that we have a 7,000 acre fann that we apply our sludge to. which we n:a:ntly purchased. So now we arc building an operations area out lhcrc. Right now if you go out there, he noted. lhcrc is 1111 shelter of any son. So this will be a metal butler building that we can use 10 store equipment and operate out of. Council Member Waggoner qucstioncd whether half of this cost will be assessed to the City of Littleton . Director Fonda said yes . COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE THE PURCHASE OF A METAL BUILDING SYSTEM THAT WAS BUDGETED IN THE 1997 BUDGET, FROM IIALLMARK BUILDERS IN THE AMOUNT OF S121,953.03. Ayes : Council Members Nabholz. Garrett. Bradshaw. Habenicht . Waggoner. Clapp. Burns Nays: None The motion carried. 12 . Geaeral Dilcuaioa (a) Mayor's Choice I. Mayor Burns advised that he and Council Member Nabholz allcndcd the National League of Cities Conference in Philadelphia. from December 2ad through the 7°'. He noted it is the first NLC conference he has ever been 10. He thought ii was the first one for Ms. Nabholz also . Mayor Bums commented that he was impn:sscd by the agenda . He opined it was a long time to be lhcrc. but Ibey anendcd seminars for the first two days and then regular sessions after that. He said he can sec why some councils send a lot of people. as there arc so many sessions and so many workshops . Council Member Bradshaw asked what seminars he atlendcd. Mayor Burns advised Ibey had seminars on effective meetings. he attended the tail end of lhc one on humor and one on making friends of enemies. Those he noted were the pre-session ones. He stated Ibey had a lot of interactive technology for cities to use . kiosks that you can usc in public places. Internet uses for cities and they had a ··tech" city set up . They also had programs of a half hour each where they gave little vigncncs on how you can usc the technology that is emerging. especially through lhc Internet . He said they was a lot of that kind of thing and sessions on everything from buying equipment to parks and recreation . He noted there was a lot of things on kids. how cities can interact with schools and recreation departments to assist children and teenagers. Mayor Burns said lhcre were sessions on economic development and Council Member Nabholz took a trip on one of those and kind of got her eyes opened on one part of Philadelphia. He rcitcrlllcd there were a lot of sessions and some councils from Colorado had five and six people there . He advised that Linda Monon. Mayor of Lakewood. was clcctcd to the NLC Board of Directors and Margaret Carpenter. Mayor of Thornton. is on the Advisory Commincc . He said. as he undcrslands it. you can serve one term on lhc board of directors. then you go to lhc Advisory Committee. and you can sray on there as long as you arc an clcctcd official . Ms . Carpenter. he noted. was also a mentor for new attendees and there were about 400 new attendees to the conference. He advised it was a large confcrcncc. Gcocral Colin Powell spoke about his youth initiatives and it was a very impressive facility in Philadelphia. They have convened an old railway Slation to a convention center. it is a beautiful place and only a couple of .... • ,,. - I· • C , - Englewood City Council December 15. 1997 Page 23 • 0 • I • years old. He opined ii will really attract some convention trade to Philadelphia. Mayor Burns commental that both he and Council Member Nabholz felt as though they, and Council, got their money's worth. He advised he has an outline of a report and they both ha~ a lot of malcrial lo submit to various depanmenlS. which they will probably do through City Manager Scars. He commental that the information can be very useful. Mayor Bums swed that he also bought a book on whal the author calls the MN" generation or the generation of kids that grew up with the Internet and how they think, how they relate and how this society is going to be affected by them. He said it is a ~ry interesting book and the author was the speaker at the general session on the last day of the confercnc:e. 2. Mayor Burns congratulated the City for being "Capital for a day" on December 2"". He DOied that the Neighborhood Watch Program was recognized by the Governor's office for superior achievement. 3. Mayor Burns COllllllCllled that Malley Center had their 20 year anni~rsary celebration while they were gone . He said he was sorry about the things they missed while they were gone. Council Member Bradshaw DOied that Council Member Habenicht did a good job. 4 . Mayor Bums said he attended the South Broadway Focus Group meeting last week for a few minutes and he commended the staff for continuing lo work with the South Broadway area business people about improvements on Broadway. 5. Mayor Burns noted he wanted to again thank the citizens who took time lo work on the flower beds for the City. 6. Mayor Bums coagrahlllled City Anorney Bl'OlZlllan for being awarded the Metro City Anorney 's Associalion • Anorncy of the Y car .• (b) Council Member's Choice (i) Council Member Nabholz : I . She congratulaled City Anorncy Brouman. 2. She said she wanted to piay--1 Oil Mayor Bums' comments and noted she has never attcoded so many things in her life. In fact, she said. they finally had to make places where they could meet lo make sure they weren 't doubling up en things. Ms. Nlbholz Slaled she was very impressed and very ~rwhelmed and she leamcd so much. She opined that OIIC of the most impressive things was that retired General Colin Powell gave the opening session speech. She advised that she has signed up and will wort with Gary Scars. and possibly Chris Olson, on whal America's promise is for children. Ms. Nabholz swed ii is the most impressi~ thing. and his theme is the little red wagon, for when the load gets loo heavy, that is why there is the long black handle, so the adult can come along and help cany that load. She thanked Council for their support in sending her 10 Philadelphia. She said she has a suitcase full, that she came home with unbelievlble stuff that she feels will benefit a lot of us . 3 . later. She noted she has a couple of code enforcement concems that she can gi~ to City Manager Scars 4 . She thanked Council and our poljcz ~ apecially Gary SclR. Sue Bndsbaw ud Chris Olsoa for their c:oncem . Ms. Nabholz llaled the poljcz ~ -woaderful. •well• Stmn McDonnell and Tom Vandermee . She aid she tbubd them all . (ii) Council Member Garrett : ..... · -= . tn •· • ' J • Englewood City Council December 15, 1997 Page 24 • 0 • I• I. He advised he attended the South Broadway meeting on Wednesday night. He noted it was actually a very good meeting for the merchants and how they are coming together and going to do things that will son of set Englewood apan. Because. he commented, one of the problems we have in Englewood is when you leave Denver and get to Littleton you don 't know you have been through Englewood. He opined that some of the things they were talking about were quite exciting. Mr. Garrett said that the ones that were there liked the idea of having different districts which the Broadway action plan has. 2 . He commented that the Planning and Zoning Commission always votes on something the day they have the public hearing. because the people arc lhcrc and they always thought it was their obligation 10 give them their answer if they had one. He said the comment -made that it is Council's history that we don 'I vote on the day we have the public hearing. Mr. Garrett said be is coming from the background that the people arc bcrc and they have given comment and they daervc to bear whal we have to say, good or bad. He questioned where the history came in for Council. wbcrc we don ·1 vote on the day we have a public hearing. Mayor Bums stated generally. that his memory of it is. that they thouglu if there was a lot of emotion or a lot of concern expressed at the public hearing. they would like 10 sleep on it before they actually vote on the ordinance. Mayor Bums noted they tell people that. He said he is not sure how old that process is. Council Member Bradshaw stated ii is not very old. When she was on Council previously, they would vote on the issue. And sometimes. she said. they were here in public hearings until I :30 in the morning and they would still vote at that time. just to settle it. Council Member Waggoner aimrncnted they must have been a lot better than we arc. because we can't make up our mind that soon. Council Member Bradshaw said. if they have done their homework. with the public input from the hearing. that they can do that. She stated she does not see that as a problem. Council Member Clapp noted that at first she fell that way. but after sitting through several public hearings. she really feels it is kind of helpful to take all of the information that they heard that evening and really digest it. think about it and try to address all the concerns. Ms. Clapp stated she has found that more times than not, personally speaking, that has helped her. because she has the opponunity then to call the City Attorney or the City Manager. after she has thought through something. and say "what if' or "how could we .·· Personally, she reiterated. she has found it very helpful . Council Member Bradshaw said she would like Council lo a>nsidcr that. She opined you can think things to death and thal was one of the reasons she ran for Council. because that was son of the reputation of this group. She IIOlcd they arc good people, it wasn't negative, but it is just that they think and think and think. Ms. Bradshaw staled there is a time to think and a time to coasidcr and there is also a lime to take action. She said that is why she would suppon Council voting at that time. (iii) Council Member Bradshaw: I . Regarding the South Suburban issue. she said she would like to propose a comprise. She asked why they couJdn 't make up a committee of Jem:11 Black. Dave Lorenz and Gary Scars. who is totally new to the issue. doesn '1 understand the history and can maybe look at it with different eyes. She suggested they could sit down and really hammer out an agreement so we can get moving on Cornerstone Park . Mayor Bums asked City Manager Scars if that was kind of what be was doing. Council Member Bradshaw commented that ii is getting confusing. Mr. Scars advised that they met with Dave Lorenz and they put together the letter in response to what both he and the attorney had presented. He opined that he and Jem:11 Bladt tried to sit down to take a loolt al the broader issue. but then focus on something that would be doable. Council Member Bradshaw stated we arc dealing with two different issues. that we arc dealing with land usc and then we arc also dealing with a scpa,atc iauc. She noted Planning and Zoning has dealt with the land usc issue and she relt they could settle that. She optned that the recs and all that otJacr SIUlf do not rcJatc to land use . Mayor Bums said that is their potlll. thal II Soulh Subwt,u · s argwncnt and in a way it is true. He opined the concern of Council is if they don ·1 resolve it all II oacc the others would go away. 1f they approve the land usc issue. - ,, - • • Cl - • • Englewood City Council December IS, 1997 Page 25 • • • , . Council Member Bradshaw Slid she just thinks tberc is a good middle ground lhal can be had. if we can just sit clown 111d not line IIIOl'lleyl ID ll each ocher like they do . Mayor Bums c:ommented that be tbougbl we had SWted oa kind of a new palh with them when we had quite a good study session with them a couple of IIIOlllhs ap. Then. be noted. this matter came up and kind of gol in the middle. Council Member Bradshaw Slid sbe -.Id bet )'OU aiuld poll everybody lhal -at that study session to see what they lbougbt came out of tbal 111d )'OU -.Id line five answers fl'Om their board and _. answers from ours. becaUlle. appan:nlly. ~ MR SO IUD)' things being thrown out at the same time. She advised her c:oacem is that they are willing to build a facility lbal will help kids 111d that is a facility we need clelpera&ely in that IOUdl end. She aid sbe jllll blles to -111 hang up oa -parochialism", for lack of a better word. for two diffaeal bouds lllll -ieally dlele to IUppOlt kids. She commented that she sees us ll)ing alf OIi tangelllS that -doll 't aeed to. SIie aid that is why * thougbl if they a,uJd -Gary Scus. who sbe ClOll5iders to be a good mediMor, to sit down widl Jerldl Black and Dhe Lorenz 111d hammer this out. that she thinks it a,uJd ....... Council Member Habenicht said she thinks lhal is whll they arc all trying 10 do and she doesn't see why we can't line that. She opined we line come a laag way toward that payment in lieu of taxes piece and also the resident's rates for our citizens. SIie Slid * thinks dill is jllll the ve,y same thing that we as a COIIIJIIWlity have done for our ncigllboriag canmuaily. blllCd oa our ncigbboring golf course situation widl anodler city . She commeared dill she does • !him we an: necessarily being ~parochial" on this. dill she thinks we an: just looking to IC( a iaolutioD wllere we an: making sure our citizens are gelling a good deal for this. • we line pen to Wither CD Pity . She stllCd she does not think it needs to be contaCious. that it sounds like they an: willing wt oa thole two things. it sounds like they are really willing to look II lllll. Council Melllber Bndmw lllked City MaaaF' San wlllt llis -of this is. City Mm1aFr Scan adYillCd lllll dicy lllloMd 11P 6-dill 1111W11 Md dicy did lit down widl Jenell Black. Dan Bnitzman. the aaoney ud Dae Lorenz. He opilled it did w alf a litde CO?lCDCioall from their llllOl'?cy ' s viewpoinl. Bui. lie DOied. Mr. Lorenz ..... ia .... aaed wlllt they ClOUld do to try to laol~ this ialC OUllide of lepUy. Mr . Scan naeed that is wlien we aid leis do some fact finding. lets 10 back 111d see wbat kinds of COlll they can actually ideatify willl dill. He advised that Mr. Lorenz maned jllll fine witb dill. City Mm1aFr Scan llaled they ended 11P p!lllilla ..-that lcUer so they aiuld kind ofltoep the --~ so they lent that out In reapoae lD Coullcil Member Garrett. Mr. Scan advised -- die December 11• Idler and it ... Gal to dlea a c:aaple of days ap. He pointed out they pnllllbly sllaald line .... a mecana and ........ die ... widl Mr. Lorenz. But. be noted. lime jua gal away ft'oa diem Md dicy WMIIDII to l'llplllld. City MaMeei' Scan aid whll be -.Id aa is that they 10 ahead and do a llllow IP willl Daw Lon:az oa die leaer. Mr . s.n llaled be, and Pub and Recrellioo Servica Dinc:IOI' Black. _.. lit ... widl Ilia .... Ill duaap die lcUer, -wllll be -back widl .... lllen ""°" back lD die Council . Coucil Mmller ..... aid -dloupl that -.Id be pid. --wllen )'OU~ .... back ........ ,. -·tan wllll hlDe of mind the pa-. is in wllile they are rmdiPI it. City Mamtier San adYillCd dicy tried lD lDM it IO dill it -·ta 10 after diem type of lllill& and dill lie damn 't dliak be wiU ..... it dill way . OIi die ocher hand. be aid. wlult they aeed to do is • a tbllow1P ud ideality -coacera. or dclenaille if dicy are apeanent with wllll we bne -.. widl 111d lllen brilll it back lD Coucil. o-:il Mmller Bnldlllaw aid. oripnally. ·-BiU Wondcoct talked and a aid ifdicy Wllllld_;. &iw dlea &pewaad rMc1 and be aid no pn,blem . SIie aid lllll is wllae -lift it. Ml,or ....... ,.. dill lie .. it ... IOrl of .... out of pnlplll1ion . Now. Ms........_...-..-. it ii..,_ lllll Md* damn't kmw if we can -ID back to dlll.. blcwe * dalpl lllll w • .-......_ SIie ca 1 lllll dicy we lO CIICAld ._ die cSilplay _, ftll)1llial dicy ---.... ,. ir,-1aa II dill .... _,• IIIVe die -appanaily widl Bel5fflew Pn. ,..._ Pn. C.w PIil Md all lllll Iii« ID bllild a Wiall fllcilily dill Wllllld be a --,·,ce llr die IDlldl ... SIii .... lllll ifw,;. do a lilda Cllllplnlilla we cu do dill. SIie aid*~ it Ila to Ill lladl -,s •*ii •_,.. dley -rialll aad •-Wl'OIII or•- ~ • • 0 . 'I. I 1- • Englewood City Council December 15, 1997 Page 26 • 0 • right and they arc wrong. But. she explained. what she is saying is she thinks wc need to cooperate instead of saying no, you didn 't give me what I want so I am going home. Council Member Bradshaw told City Manager Sears that she appreciated him following up on this. She opined it got way out of hand and wc lost a lot because of that. Council Member Waggoner staled he fell wc lost a lot a long time ago. Ms. Bradshaw said that goes back to old stuff. Mayor Bums agreed there is a lot of old history here. Council Member Bradshaw suggested that maybe wc need to just sit down with them and say okay this is why I am angry with you and gel it all out on the table so wc don't have all these hidden agendas when our groups gel togclhcr. She said that might not be a bad idea either. Mayor Bums noted that he agreed with a lot of what Ms. Bradshaw said. Ms . Bradshaw thanked him. 2. Ms. Bradshaw questioned what was being done about the group of citizens on Union. Council Member Garrett advised it is on a Study Session for the I~ and they arc supposed to have a neighborhood meeting before then. Council Member Nabholz noted that she had requested we contact S &. H Concrete as well as Waste Management and those neighbors to come in on lhat. because ii is long overdue. (iv) Council Member Clapp: I. She said. after looking 1hrough Council's agenda 1onight. she is just curious as to how much fcdcral money we as a City gel in the way of Safety Services. She asked if thal is a line item or if thal is over and above their budget 2. She stated she is just curious if Bun is in compliance with their lruck lot on Broadway. 3 . She thanked Council for sending her. Dan Brotzman, Hank Long and Margaret Giffin to the D . C. IIICCling. She opined it was very. very bcacfacia.l and they all came to consensus. She advised there is some software out there they would like to explore, lhal they think meets all of the concans we have heard in rcprd to the Internet . One thing, she noted, lhal came across very loud and clear. is that we need to find a way that families can feel c:omfonablc with the Internet. to allow them to use the lntcmcl safely. If wc do not accomplish this. she said. she is afraid that our children really will suffer. She said it was very interesting when one gcntJeman asked the entire room if lhcrc was anybody there that would feel comfortable with anyone else making this decision for you as to how far you should go or what your limitations should be on lhe Internet . Not a single. solitary hand was raised. which. she said, told her a great deal. This is somclhing lhal people arc going to think differently about. no matter how many times wc go over the Intcmct subject. as. she said. her values may be different from somdJody else's values and so on. We all have our own set of standards. Ms . Clapp said if the software company can deliver what they say they can deliver. and she said she thinks they can. then you would have an individual card you would plug into the computer and parents would be able to decide how far their children should go and their comfon level with the Internet. She opined Iha& is really where it needs 10 be. that wc need to allow families and parents 10 be involved in this decision making and maybe they will get a few more parents in there. She said it really seems to be something wc should explore. Ms . Clapp thanked City Attorney Broczman because originally it really was his thought. They kind of wcm through and looked at all the software and Mr. Brotzman identified this software as something that could really do the job. Ms . Clapp said they all hope the price isn't sooutngeous that wcjust can 't reach it. But. she said, she thought the message was clear. that it was cmpowcnncnt al parents, inclusion of parents in education. And clearly, she stated, one thing will not work wilhoul the Olhcr and there is not one simple answer . However. she opined. if wc can pu1 somcching like this in place ud cducale families and parents that we can bring all this together to really benefit our conuaunity. 4 . She asked Mayor Bums if she 1llldenlood tbe newspaper article right. where Mr . Caldara waau RTD to do another mceung. She quellioai whclhcr he is lliII fighting the RID Board. Mayor Bums advised that they just had a IIICCling last wack on small bwa, but the meding be asked to call. he .. -• ... • • 0 ' J- Englewood City Council December IS. 1997 Page 27 • • • publiciz.cd to call. to try 10 kill the southwest corridor light rail line. bas IIC\'CJ' happened. He said he was told the reama -because Chairman Klein came out apinsl it. When that happened he didn't have the VOies to pas anything and they weren 'I about lo call that meeting. Mayor Bums said. in his opinion. that meeting is not ping to happen . They have lllOYCd ahead with the small buses he has talked about, but those an: for specific places like Bouldcr and he has talked ablllll South Colorado Boulevard and he doesn't know where they would deploy lhc rest of them. Mayor Bums opined that could be succ:essful on lhc right roads. bul he doesn't see ii substituting for high volume drive lime OD l-2S . He advised lhcre was a meeling laSl week. and he knew Ibis had lo happen. that at the laSl Mayor's Caucus Ibey had RTD , DRCOG and COOT at the same meeting and Bill Vidal met with the RID Board and lhcre were ccnain sparks flying back and fonh became mme of the RID Board .-nller'S fed that the Governor should have gouen in on his applic:a&ion for the SOUlbcasl corridor. Mayor Bums opined that lhesc meetings are a oalUral progression of C\ICllls and be doesn't see COOT operlling a ligbl rail line. He said be feels COOT and RID have to get kJ19Cr on this and sort of IIIOChc their ruffled re.bas here and there and move ahead with this project. Because. be sweet. he feds this is the way you an: going 10 get a southeasl corridor line at this point. So. he said. he docsn ·1 see any jeopardy 10 lhc southwest corridor. He advised Littleton has been trying 10 arrange meetings with our congress people during the break here and there is one set tenwively for Thursday morning with Senator Allard. that he was asked 10 attend. Liltlc:ton ·s new mayor and their previous mayor Dennis Reynolds. who be knows. an: going 10 attend. just to keep in touch with lhesc folks on the continuous need. year by year. 10 fund the southwest corridor light rail line. He advised Ibey an: going lo try lo arrange a meeting with Representative Schaefer and also with Senator Campbell, just lo keep in touch with these folks. that we need their help every year. Senator Campbell is suU OD lhc Senate Appropriations Commillee which is very important. He advised Ibey are just touching bases and keeping in touch with people about doing this. He opined we an: still in very good shape and he has asked Gary Sears to contact RID. He said he talked to their staff a couple of wec:b ago. when they had a special ceremony honoring Dennis Reynolds in Littletoa. He said be was amaud at how fut they are moving on the soudnwesa corridor and 5laled we would like 10 have than come down 10 wk to us and they said fine. they would love to a,me down. Just 10 let lhcm know and they would come down and let us know where they an:. Council agRal that would be greaa . Mayor Bums advised they are going to be working oa all four bridges at once in a couple of months. He said as be uodcrslands it there are four aagcs in Ibis and they are going lo wort on all of them at once and they are going to start the fly over down here at Union . There is going 10 be an enormous _. of CODSffllClioa on lhc southwest corridor in 1998, so be said. they have a loc they can tell us . Mayor Burns said he feds the conccms about traffic and that sort of thing have to be addressed. He advised he underslaDds for the aJDUacts they allowal S62 million to be let in August, are alRady let and signed. They are moving that fut on the line. He commented that be was a little taken back on their discuaioa tonight on Cinderella City when they talked about opening in 200 I. because RID is moving faster than that. Council Member Bradshaw said she would like to see us open in 2000. Mayor Bums said he would too. if pollible. Mayor Bums reitcraled that they have a loc they could ldl us. so be would like to Fl them down here and have a little dog and pony show . And. be said. they an: very anxious to do that for us . S. Ms. Clapp congratulated City Allomey Brotzman on being named Attorney oflhc Year. 6 . She thanked City Manager Sears and 5lalJ for all their wort on Cinderella City . She said she was really impressed tonight and it really helps her 10 visualize the coacept. (v) Council Member Waggoacr: I . He noted that the little railc aloag there by the ligbl rail Slllion. that wen& vertical. was 16 feet . He said that gives them a little perlllllCIM. 2. A raolUlion specifying Aid to Olhcr A,encies for 1991 w amidered. • • 0 , I • Englewood City Council December 15 . 1997 Page 28 • 0 • (Clerk's noce : This was listed as item 12 (b) (i) on the Agenda.I The resolution was assigned a number and read by title : RESOLtmON NO. 114, SERIES OF 1997 I • A RESOLtmON SPEClFYING AID TO OTIIER AGENCIES FOR 1998 BY TIIE CITY OF ENGLEWOOD, COLORADO. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 114, SERIES OP 1997. Ayes : Council Members Nabholz. GarTelt. Bradshaw. HabenichL Waggoner. Clapp. Burns Nays: None The motion carried. Mayor Bums thanked Council for working on this in their absence . (vi) Council Member Habenicht: I. She congratulated City Attorney BrolZlllal1 on being named Attorney of the Year. 2 . She said the Cultural Ans Commission. after meeting with City Council, had talked about recollllllClldiDg tlw Council look al a n:solution or some sort ol ordinance tlw would require artistic pieces being inwlved in rcclndopment projects. She Slated sllc is hoping tlw will moYC forward. She said she kmws the Commission really wanted to make sun: die Council was addressing that in a timely fashion. Sbe c:ommenled that she thought it -lllllldhing Mayor Burns brought up. a long time ago, tlw ii is beiag done in other aimmunities. So. she said. she Wllllled to make sure it jUSI doesn't gea IOSI in the shuffle or that we address it too late. Council Member Bradshaw suggcsac:d checking with Loveland to see what they do. Comments were made aboul 1,-. onlinances. Ms . Habenicht reiterated tlw Ibey really need to 1111M: ahead on this as quickly as possible. She advised that that was the recommendation. that Council seriously consider doing that . She IIOICd it sort ol kcepl gelling lost in the shuffle . Council Member Waggoner suggcsac:d she have one brought forward. Council Member Habenicht stated she has been uyiag. City Attorney Brotzman advised tlw two arc in draft form right now . Council Member Bradshaw ukcd if Ibey could get them undrafted ud up here. Mr . Brotzman Slated t1w the problem is fmding Sl*lC on Council's study session schedule. thal it is• the easiest thing in the wor1d to do. Council Member Habenicht said she thought maybe it -soaedling tlw could come forward ud Ibey would not uvc to have a whole lol ol study about. She corn-ed that it seems to have sort ol emerged indepeodaMly from e\'CfY Council member al one time or aaadler. that it is jUSI gelling it done. 3. Ms. Habenicht said in c:onjunaion to what Mr. Neuaun said. and having served on the Waaer and Sewer Boanl for a long time, that one of the functions they do is that oversight function . BuL she said. maybe Ibey don 't have it formalized in a way that gives I comfort level to citizens in the community She Slated she would like to suggest tlw Council suggest to die Water and Sewer Board that maybe we look a little bit al formalizing that oversight seclion . Maybe -on the agendas or somelhing so Ibey know when they arc dealing with t1w and the public can see ii oa the agendas. She opined it is done, that tberc is a lot ol c:oncem and if people lllended the W1*r and Sewer Board meetings they would recognize that a lol of the quest.ions that arc being asked by citizens arc being asked by memben of the Wa,a ud Sewer Boan!. She said she thinks perhaps they don 't formalize -gh. so tlw it is somelhing people c:an get their bands on. ,- • • 0 , Englewood City Council December 15, 1997 Page 29 •, '· • • • Council Member Waggoner pointed Olll that an avmigbt aimminee would no1 have brought up queslioas like Mr. Neumann raised. Council Member Bradshaw said she was going IO say that. as who would have that knowledge. Council Member Habenicht said that she knows that on some bond projects at other a>mmunitics lherc will be an oversight committee: of knowledgeable people who will be lbcrc to do that. Maybe, she said, Ibey need IO look at that issue. Council Member Waggoner pointed out that a lot of lhc projecls, that even Englewood enters into, Ibey have value ~g done on. That. he IIOICd, usually lakes care of queslions such as lhc ones lhal Mr. Neumann bad as far as malCrial usage or lhc type of amstruction or that sort of thing . He said be ckali '1 remember if Ibey bad value engineering on lhc water plant. but 1h11 be knows Ibey did have II die ICWer treatment plant at one time. Mayor Bums opined that that is lhc besl place lo bring ii up. llllber than by a review committee, uying to pick away at it and we don 't even know how . 13. City Muqer'a Report (a) City Manager Scars said. going back 10 one of the issues Council raised about lhc agencies and assisrance. that lbcrc was a topic that involved Special Olympics and giving lhem a rate. He adviled lhal he knows Jerrell Black bas worked with lhem to pn,vidc that 10 lhcm. to provide lbc facility II no aJll to lhem . He asked if Mr. Black would like lo add anything IO that. Director Black adviled that they certainly support all the dfons of 1bc Special Olympics and Ibey think lllis is a very minimal part we can do for that poup. He t.-1 lbcy will be -'ting cloldy with them in Ille~. (b) City Managcr Scars advised 1h11 he IIICl with Eaglewood School Superilllelldenl Roscoe DaYidloD aad dlcy talked about lhc Joint City Comminee. He llid be is boping to Fl lhal moviJlg apin Ille finl part o( lleXI year with lhc Council. Thal he WUls IO 1111R SUK that we Slay in touch with them ud lllCir direclioll. He noced be will pul 1h11 kind of on the hip part of bis agenda. (c) City Manager Clart advised lbcrc is a holiday party for Council. staff and boards and commislioas iflbcy can come by Wednesday from 1:00 p.m. to 4:00 p.m. at lbc GolfCourse . • • • • • ,,. - Council Member Nabliolz DOied lherc IR IIM:lal llycn circulatillg as to wbll will be laking place with die reciewWIJ SI I of Geacnl lroa Warb. So. she llid. from 6 :30 p.m. 10 1 :00 p.m. ~ neaing, !left in the Community ~ Ncigllborhood ud Busi-~elopaeal ud Council , as well as lhoae neigbbcn. 1R invited. Sbe a,m,ncmed she jull WUled lo raud cvcryoae . . . . . . Council Member Habcnicbl said Ille WUled IO lbuli Council Memba' Nabllolz.. Mayor Burm, Council Member Clapp. City Aaoncy Bw wt -,ybody wlio IIIClllled Ille comaaaca. SIie nweeefed that she ~ rr-liac IO liac it i. beea u ~ al s tioll btll people pw a lol al liac to lelm a lo( o( lluap so bdp do die jalll bcsscr. Council members. SIie ..... diem lilr lakiq die liac -die boliday -so papplc with -olthelt: soup --ud .... -lhillp ud briD& diem beck. Sbe poinsed ous 11111 we an: ilDlased !left ud other cities do dup diliereasly ud we cu lean • au:11 ---- .. • • 0 )- - Englewood City Council December 15, 1997 Pagc30 ·.., ~. • • • lium lban. So. sbe aid. sbc sally apprecilfed the time tbll people gi\'e. TIIOlc alteDding the wufaw dllllud Ms. Habeaicbt. 14. Clly MeeneJ'• ae,.t (a) City Aaanic, BnlCzmaD dlanbd Council. saying that wbile be did rcc:eiw an awanl, be bM a waadatlll llall'IIC -"a willl and with the IIIIIIIF''• eatm llaft': He D11111 Ibey are a tarific group al people ID -.1' with. a well a Mll'killg with Couacil and their i..-atM projecll. So, be aid, a 1arF .... atlllll _..-to CAIUIICil and the City. 15 . Al,lwll t IIIAYN auaNI IIOVD'IOANOUltN. TIie ............ 9:50 p.m. ' I • . .. • • 0 , ..,~VI )- - • . . 1-1-2000 City Council F.nglewood City Hall .3400 S. El.at! F.nglewood, CO 80110 Council Members: • • • ,. \ ... • My term of membership on the Library Board ends February, 1998. I wish to thank you and the Board for the opportunity to support the Library Board. My attendance has been sparse this year due to physical problems. Unfortunately, one ailment will not be improving and so I am necessarily resigning. I look forward to volunteering again when I regain the use of my new right knee. (It was and is a heller.) On the whole, the Board meetings are most productive and enjo)'llble: I also received a very good learing experience. There are dis- ruptive occurrences that are not beneficial to an effective aeeting which I hope will be "eradicated" soon. My sincere thanka ,again, ~4-~r:-1~ Mrs. Marge Schwindt cc: Hank Long Mrs. Mary Douna;r P.S. My special thanks to the Director. His expertise and smoothness or operation cannot be surpassed. . ' •, .. • • 0 f 32xl December 19, 1997 City Council City of Englewood 3400 South Elati Street Englewood, Colorado 80110 Dear City Council Members, • . " • ·'· Please accept this letter as my resignation from the Englewood Planning and Zoning Commission. My husband, our son, and I have lived in Englewood for many years and have enjoyed our community. However, we •outgrew" our houN and eold it when we were notified by the Housing Authority that funds were not available for the redevelopment loan we had applied for earlier in the year. After great consideration (and disappoinbnent) we have decided to relocate. We will be building a home in New Mexico and traveling between it and Mexico. Obviously, this will preclude me from serving on the Planning and Zoning Commission, and therefore, must resign . Thank you for the opportunity to serve on the Commiuion. Respectfully, U,~u Kris Styet/' ·. . , •, ., • • 0 ]- - • January 5, 1998 lnltladBy • • COUNCIL COMMUNICATION Staff Source subject Amendment of Comprehensive Zoning Ordinance Neighborhood & Business Development Dept. Brad Denning, Planning Assistant/Intern COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council has had no previous action on this proposed amendment. RECOMMENDED ACTION That City Council approve a Bill for Ordinance on first reading, lll.111 IICII $ IMIIIIII I ZalqO:Aa•-•-far BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED ..... an .. The proposed ordinance is another step in the implementation of the Concepla, Strategies, and Actions contained within the South Broadway Action Plan. The propoeed amendment to the Comprehensive Zoning Ordinance is applicable to aH properties in the City of Engleuuood. Thia propoeed amendment was unanimously approved by the Planning Commission on November 18, 1997. The propoeed amendment addlesw COIICIIITIII that have been voiced to staff by property owners regarding height restrictiol 18, fencing materials, maintenance of fencing, and clarity of regi llations. The propoNd ameildrnent was prepared wilh the pm of Improved language clarity mid ...., admillistrallon. This resulls in benefils to bolh staff and to the general pubic. The NMNd proviaions are Intended to eliminate ambiguity that property owners have experienced in construction of new fendng, or replacement of fencing. FINANCIAL .. ACT No financial impact on the City. UST OF ATI'ACHIIENTS Proposed 8111 for Ordinance Andlnga of Fact Staff Report 'I • . • • 0 - ORDINANCE NO. SERIFS OF 1998 • • BY AUTHORITY -~ /Ott I M ~CB AIIBNDING 1TfLB 18, CHAP'l'Bll '-SBC'ftON 17, OP 'l'IIB J!:mlL'EWOOD MUNICIPAL CODE 1985 BY REPEALING TITLE 16-4-17 AND alAC'IDfG A Mn 'lTft.B 11, CIIAP'l'Bll '-SBC'ftON 17, BNT1TLBD PBNCIIS, WAl&s AND VISUAL BARRIERS. WHEREAS, the proposed ordinance ia another step in the implementation of the Concepts, Strategies, and Actions contained within the South Broadway Action Plan; and WHEREAS, this proposed amendment to the Comprehensive Zoning Ordinance ia applicable to all properties in the City of Englewood, Colorado; and WHEREAS, the proposed amendment addreues concerns that have been voiced to City staff by property owners regarding height restrictions, fencing materials, maintenance of fencing, and clarity of regulations; and WHEREAS, the propoeed amendment was prepared with the goals of improved language clarity and euier administration which will result in benefits to both staff and to the general public; and WHEREAS, the proposed revised provisions are intended to eliminate ambiguity that property owners have experienced in construction of new fencing, or replacement of fencing; and WHEREAS, the Englewood Planning and Zoning Commiuioo reviewed and approved this popoaed amendment at their November 18, 1997 Meetmc; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCll. OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sectior 1. The City Council «the City «Enclewood. Colondo hereby repeala Title 16, Cbapt.er ,, Secticm 17, entitled Fencea And Beteinin1 Walla, «the Enclewood Municipal Code 1985, and eaacta a -Chapter 16, Cb.apt.er', Section 17, entitled F-. Walla And Visual Barri_.. which aball read u follOW9: lM-17: FENCES, WALLS AND VISUAL BABBIBB8: A. PURPOSE : THE FOLLOWING PROVISIONS ESTABIJSH STANDARDS TO REGULATE THE DESIGN AND LOCATION OF FENCES, WALLS, AND VISUAL BARRIERS IN A MANNER WHICH ENSUllES THE FOLLOWING: 1. AN ATTRACTIVE ENVIRONMENT OF SAFE, DESIRABLE CHARACTER; 2 . REDUCED POTENTIAL FOR PEDESTRIAN OR TRAFFIC CONFLICTS; AND 3 . PROTECTION AND SECURITY FOR THE OWNER AND ADJACENT PARCELS. ... • • 0 I ] - • 0 • B. PERMIT APPLICATION : NO FENCE, WALL, OR VISUAL BARRIER MAY BE MAINTAINED OR ERECTED WITHOUT A VALID ACCESSORY PERMIT ISSUED BY THE CITY. AN ACCESSORY PERMIT SHALL BE FILED ON A CITY APPLICATION FORM, TOGETHER WITH FEES, PLANS, AND ANY OTHER INFORMATION REQUIRED BY THE CITY FOR ALL FENCES AND WALLS . C . DEFINITIONS: FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING DEFINITIONS APPLY: I . OPEN 2. SOLID 3. HEIGHT MEANS A VERTICAL SURFACE WITH 50'll, OR MORE OPEN SPACE. MEANS A VERTICAL SURFACE WITH LESS THAN 50'll, OPEN SPACE . MEANS THE DISTANCE OF THE VERTICAL SURFACE MEASURED FROM FINISHED GRADE TO THE TOP OF THE VERTICAL SURFACE. D. VISIBILITY: SIGHT DISTANCE TRIANGLE -ALL ZONE DISTRICTS. NO VISUAL OBSTRUCTION OVER TWO AND ONE-HALF FEET (2 lf2') IN HEIGHT ABOVE THE TOP OF THE NEAREST CURB SHALL BE ERECTED, PLACED, PLANTED, OR ALLOWED TO GROW WHICH OBSTRUCTS THE VIEW OF PEDESTRIANS ON THE SIDEWALK OR OBSTRUCTS THE TRAFFIC VISION AT INTERSECTIONS. COMPLIANCE WITH THE SIGHT DISTANCE TRIANGLE SHALL BE DETERMINED BY THE CITY TRAFFIC ENGINEER. 1. FIGURE -1 AND CHART 1 SHALL BE USED TO DETERMINE INTERSECTION CROSS-CORNER VISIBILITY AT MAJOR STREETS/AVENUES AND MINOR STREETS/AVENUES. Fipre • 1: SIGHT DISTANCE TRIANGLE ,. - . ------~---------1~+: r=--------~---------. Chan-I IN'lml8BC'l10N SIGHT DIBfANCE Minimum Required Intenec:tion of Intenection s M.P.H. s· t Diatance A B Minor Major Street/Avenue Street/Avenue Minor Street with 15' 200' a · 11:reet 15' 250' 15' 300' 15' 350' 15' 4JX1 15' 450' 15' 500' 2 ..... • • • 0 ' I • • . ' • <. 2. ALLEY SIGHT DISTANCE TRIANGLE • ALL ZONE DISTRICTS. NO VISUAL OBSTRUCTION OVER TWO AND ONE HALF FEET (2 1/2') IN HEIGHT ABOVE THE TOP OF THE~ CURB SHALL BE PERMI'lTED WITHIN TWENTY-FIVE FEET (25') OF THE SIGHT DISTANCE TRIANGLE AREA OF AN ALLEY AND STREET/AVENUE INTERSECTION. SAID TRIANGLE IS MEASURED FROM A POINT WHERE THE CURB UNE AND THE CENTER UNE OF THE ALLEY MEET. THE DISTANCE FROM TIUS POINT SHALL BE TWENTY FIVE FEET ALONG THE STREET/AVENUE CURB UNE ("B•) AND TWENTY- FIVE FEET ALONG THE ALLEY CENTER LINE (•A•). THE THIRD SIDE OF THE TRIANGLE c•c-) CONNECTS THESE TWO SIDES, CREATING THE SIGHT DISTANCE TRIANGLE. BOTH FIGURE· l AND FIGURE· 2 SHALL BE USED TO DETERMINE CROSS.CORNER VISIBIUTY AT STREETS/AVENUES AND ALLEYS . Fipre. 2: ALLEY SIGHT DISTANCE TRIANGLE POINT OF INTERSECTION STREET/AVENUE....--. B ! B A • Center Alley Line, Twenty-live (25') feet B • Curb line, Twenty-live (25') feet ALLEY 1' .. E . CUS-,JFICfflQN QF fBNCM WAIJS AND 'VISUAL BABBJEM. SINGLE STYLES FOR FENCES, WALLS AND VISUAL BARRIERS ARE ENCOURAGED . CLASSIFICATION OF FENCES, WALLS AND VISUAL BAJUUERS SHALL BE AS FOLLOWS : C1au 1 llaaonry C1au 2 Decorative metal C1au 3 Chain linlt Clau4 Wood Clau 5 Alternative Clau 6 Combination fence/wall/vegetation Clau 7 Woven Wire 3 Hip quality brick, ltaoe, com:rete, block, or odm' aimilar material Hip quality metal, such u cut iron, plvaniaed It.eel, aluminum or other metal fen · materiala Hieb quality ateel or aluminum • • 0 , xi • • •, • '· F . MAINTENANCE: ALL FENCES, WALLS AND VISUAL BARRIERS SHALL BE KEPT IN A STATE OF GOOD REPAIR. A MAINTENANCE AGREEMENT ON THE CITY ACCESSORY PERMIT FORM SHALL BE SIGNED BY THE PROPERTY OWNER. G. DISTRICT STANDARDS: FENCES, WALLS, AND VISUAL BARRIERS SHALL CONFORM TO THE FOLLOWING STANDARDS : 1. BARBED WIRE . NO BARBED WIRE OR OTHER DANGEROUSLY SHARP FENCE SHALL BE ERECTED OR MAINTAINED IN ANY RESIDENTIAL ZONE DISTRICTS OR WITHIN ANY ZONE DISTRICT FRONT YARD SETBACK. 2 . EI,ECTRIC FENCE. ELEcrRICALLY CHARGED FENCES SHALL ONLY BE EREcrED OR MAINTAINED IN INDUSTRIAL ZONE DISTRICTS OR WITHIN ANY APPROVED PUD INDUSTRIAL DISTRICT. 3 . FENCE HEIGHT ON RETAINING WALLS -WHEN A FENCE IS ERECTED UPON A RETAINING WALL, THE HEIGHT OF THE FENCE SHALL BE MEASURED FROM THE TOP OF THE RETAINING WALL. WHEN A FENCE JS ERECTED UPON A WALL WHICH JS PART OF OR INTEGRAL TO THE FENCE CONSTRUCTION, THE ENTIRE STRUCTURE SHALL BE CONSIDERED A CLASS 6 FENCE AND SHALL COMPLY WITH CLASS 6 FENCE HEIGHTS. ,. TEUPORARY FENCRS · TEMPORARY FENCES FOR CONSTRUCTION SITES OR SDIILAR PURPOSE SHALL COMPLY WITH THE SECTION 3303 OP THE UNIPORII BUILDING CODE. 5. IT SHALL BE UNLAWFUL FOR ANY PBBSON TO BRBCl' A FENCE OR FOR ANY PROPD:TY OWNER TO Au.oW A PBIISON TO BRBCl' A FENCE WHICH DOBB NOT CONPORII TO THE STANDARDS BNUIIBllATBD BBRBIN AND STANDARDS FOR ALL ZONED DISTRJCl'S AS DESCRIBED IN FIGURES G-1, G-2 AND G-3. 4 "' - ' I • . • • 0 , L,J • • I I CITY OF ENGLEWOOD ZONING ORDINANCE RB81DBN'11AL Dl8TRICT Standards, Fi£Ure G-1 ZONE FENCE LOCATION PERMITTED PERMITTED ADDITIONAL REQUIREMENTS/COMMENTS DISTRICT FENCE MAXIMUM CLASS HEIGHT R-1-A FRONT YARD SETBACK R-1-B .. Solid Conatruction 1,4 Three feet (3') R-1-C R-2 b. Open Conatruction 2,3,4,5,6 Four feet (4') R-2-C R-3 FRONT YARD SETBACK R-4 .. Solid Con1truction 1,4 Three feet (3') b. Open Construction 2,3,4,5,6 Four feet (4'), For all residential u1e1, four feet (4') shall be the except u noted maximum height. in Additional For office, inatitutional, and profeuional Requirements building developments for Class 1 and 2 fences only, six feet (6') shall be the maximum height. R-1-A, SIDE YARD SETBACK/FENCES BACK R-1-B, OF THE FRONT BUILDING LINE R-1-C, Solid and/or Open 1, 2,3,4, 5,6 Six feet (6'), Fences on comers lots shall only be permitted up R-2, R-2-C, Conatruction except u noted to three feet (3') in height within the front yard r I • • R-3,R-4 in Additional setback. Requirements Side yard fences shall not obstruct visibility at the intersection of the alley with a street. R-1-A , REAR YARD SETBACK R-1-B, Solid and/or Open 1, 2, 3, 4, 5,6 Sill feet (6'), When the rear yard of a property abuts the side 7 R-1-C, Conatruction eJ:cept u noted yards of an adjoining property, the height of the R-2, R-2-C, in Additional fence constructed in front of the front building R-3,R-4 Requirements line of the house on the adjoining property shall not exceed three feet six inches (3'6"). Rear yard fences shall not obstruct visibility at the intersection of the alley with a street. R-1-A, CORNER LOT 1,2,3,4,5 Sill feet (6') Fences on comers lots shall only be permitted up R-1 -B, For buildings located on comer lots, side in the area eJ:cept as noted to three feet (3') in height within the front yard R-1-C, yard fences in the yard abutting • public twenty-five in Additional setback. R-2, R-2-C, right-of-way feet (25') Requirements Side yard fences shall not obstruct visibility at R-3,R-4 behind the the intersection of the alley with a street. front property line " 5 • , • \ . 0 • r ·or regwauons re, ZONE DISTRICT 8-1 ,8-2 8-1,8-2 8-1,8-2 8-1,8-2 B-1,8-2 .,. 0 CITY OF ENGLEWOOD ZONING ORDINANCE BUSINESS DISTRICT Standards, Figure G-2 aramg requ1rea screerung m ousmeaa Districts, see Section 16-5 of this Title, General reJnJI · · FENCE LOCATION PERMITTED PERMITTED MAXIMUM ADDITIONAL FENCE CLASS HEIGHT REQUIREMENTS/COMMENTS FRONT YARD SETBACK ~ a. Solid Construction 1,4,5,6 Three feet ( 3') FRONT YARD SETBACK b . Open Construction 2,6 Sis feet (6') A solid and open construction 0-2,4, 5, may be permitted where a solid 1 baae shall have a muimum height of three feet (3'). The open construction built on top ~111~~11111111 of that hue shall have a muimum height of three feet (3 '). ct-2,4,5 Claul 2,6 Sis feet sis inches (6'6·) for Clau 1 Poata/Pillara set no closer than ! .. five feet (5') on center. The --height of the connecting fence ·"' ---"' aectiona shall be Clau 2, 4, or 5, ·"' not esceeding sis feet (6'), ao long ~ 6'6/ "' --"' u ita vertical surface is more "' -·"' -"' than~open. . FOlt fl J --REAR YARD Tnia pnwl1ion 1h1ll not apply to educational Solid and/or Open Construction 1, 2, 3, 4, 5 or 6 Sis feet (6') inatitutiona. Rear Yard fencu ,hall not obetruct vuibility at the interaection of the alley with a 1treet. SIDE YARD Thia pnwl1ion shall not apply to educational In front of the building lin e 1, 2,5or6 Three feet (3') in atitution1. Side Yard fenceo 1hall not obstruct vi1 ibility at the intenection of the alle• with a 1treet. , . ~ • ,' ~ r I I • • • '\ I I CITY OF ENGLEWOOD ZONING ORDINANCE INDU~ DISTRICT Standarda, Figure 0-3 l'or retrUJaUona nwa rdjn• reQUlred ecreentn1r, -IUblleeaODI Ut-4-141\. ZONE DISTRICT FENCE LOCATION PERMl'M'ED FENCE PERMITTED ADDITIONAL CLASS MAXIMUM REQUIREMENTS/COMMENTS HEIGHT 1-1, 1-2 FRONT YARD SETBACK Solid and/or Open Conetruction I, 2, 3 ,4,5, 6,or7 Six feet (6') C" 1-1, 1-2 SIDE YARD Solid and/or Open Comtruc:tion 1, 2,3 ,4,6, 6,or7 Twelve feet (12') Barbed wire or similar materials may be ueed on permitted fencee more than six feet (6') in height. ~ Electrically charged fences are permitted. r I . • Side Yard fences ,hall not obetruct vieibility at the intenection of the alley with a street. 7 1-1, 1-2 REAR YARD Solid and/or Open Comtruction 1, 2,3,4,6,6,or7 Twelve feet (12') Barbed wire or eimilar materials may be ueed on permitted fences more than six feet (6') in height. ~ Electrically charged fences are permitted. Rear Yard fences ehall not obetruct vi1ibility at the interaection of the alley with a Btreet. ' • ~ • \. .. 0 -• )- • • • «~ • Section 2. Safety Clauaea 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 af the public, and that this Ordinance is necessary for the p~ation of tiealth and safety and for the prot.ection of public convenience and welfare. The City Council further determines that the Ordinance bean a rational relation 1D the proper legislative object 90ught to be obtained. Sec;tigp 3 $eyerability If any clause, sentence, paragraph, or put of this Ordinance or the application thmeat' 1D any peraon or circumatancea ahall for any reuon be a(ijudpd by a court « competent jurisdiction invalid, such judgment ahall not aft'ect impair or invalidate the remainder of this Ordinance or ita application to other perllOll8 or cin:umatancea. Sec;tigp 4 lpmovst,,nt OrdjQBocea Nothing herein contained shall be deemed a waiver af the provisions of any other Code section or regulation applicable 1D fences. If thm'I! is a conflict between the regulations in this Section and any other Code aection or regulations, the more stringent regulations shall apply. Sec;tigp 5. Effst of J1IIC,ll gr modjficatjpp The repeal or modification of any provision of the Code af the City af Englewood by this Ordinance shall not release, utin,uiah, alter, modify, or chanp in whole or in put any penalty, forfeiture, or liability, either civil or criminal, which ahall have hem incurred unds such proviaian, and each proviaioo ahall be treated and beld u ltill remainiq in force for the pmpmm af •utainini any and all propa-actions, auita, proceedinp, and proNCUtiODa for the enforcement of the penalty, forfeiture, or liability, u well u for the purpme of autaininc any judgmmt, decree, or order which can or may be rendered, mt.erecl, or made in such actiona, auita, p,._finp, or proNCUtiona. SediPP 6. tmalty. Tbe Penalty Proviaion ofE.M.C. Section l+l ahall apply to each and every violation of this Orclinance. SediPP 7. EliatiPI Fcow. Any fence in emtence prior to the ellective date af this ordinance, but which dON not confmm to the limitatiau eataNWMd by thia ordinance, ah.all be nonconformme. A nonconformin, UH, allowed punuant to tbi1 Section, may remain at ita location u a lepl nonconfonniq UN subject to the termination requirements of nonconfonnine uaea u deac:ribed in this Title. Because it ia a purpose of this Ordinance to eliminate noacoafonnine -. a nonconformine uae shall not resume if it baa hem cliacootinued for a continuoua period af at leut one hundred and eipty daya or would tenninat.e u provided for in the pneral nonconformin, UN pnmaiGna of thia Title . Introduced, read in full, and puaed on ftnt readini on the 5th day af January, 1998. -----• ~ ---~ "' I "' - .. . , • .. • • 0 I • . .. ·, • <. Publiabed aa a Bill for an Ordinance on the 9th day or January, 1998. Thomas J. Burna, Mayor ATTEST : Loucriabia A. Ellia, City Clerk 1, Loucriabia A Ellia, City Clerk or the City or.,.__., Colorado, bmeby cmtify that the above and forecuiJ11 ia a true copy or a Bill for an Ordiuace, iDtroduced, read ill full, and paaaec1 on ftnt readiac on the 5th day or January, 1998. Louc:riabia A. El1ia .--. . , •, • .. • • 0 , I - To: Tbna: From: Date: Subject: REQUEST: • • t• - STAFF REPORT Planning & Zoning Commission Robert Simpson, Director ofNeighborhood & Business Development Brad Denning, Planning Assistant November 14, 1997 Public Hearing Date : November 18, 1997 Comprelleuive Zoaia& Ordilwace Amendment Case# OR-97-03 Standards for Feaces, WaUs and Vasual Barriers Staff requests that Planning and Zoning Commission consider amendments to the Englewood Comprehensive Zoning Ordinance, Section 16-4-17, to revise existing fence and wall standards in the City of Englewood. These revisions are a recommendation of the South Broadway Action Plan . RECQMMENDA TIQN: Staff recommends that Planning and Zoning Commission recommend to City Council to repeal existing Section 16-4-17, Fences and Retaining Walls, of the Comprehensive Zoning Ordinance and approve the proposed ordinance Section 16-4-17, Fences, Walls and Vasual Barriers . BACKGROUND : This proposed ordinance results from recommendations with the South Broadway Concepts, Strategies and Actions Plan . The plan provides for a three to five year work program for improving South Broadway in Englewood. While Englewood bas a leadership role in the redevelopment process, implementing the plan also requires support from the community . Based on community input on the South Broadway Action Plan and input &om the business community, Chamber of Commerce and residents on this ordinance, std'bu worked to be responsive to stakeholder sn,ups. ORDINANCE PROPOSAL : The proposed ordinance amends the fence and wall standards of the Englewood Comprehensive Zoning Ordinance. The proposal addresses fence classifications, maintenance, materials. and site visibility for vehicles and pedestrians. Fencing styles, materials, and maintenance standards affect the attractive, stable, desirable urban environment . Through physical survey, staff' identified a variety of issues about fences throughout the City, including : fences in disrepair, fences displaying a patch-worit of styles, varying height, barbed wire fences, and walls consaucted out of inferior building materials . These issues affect the community in a variety of ways including a perception of safety, general care of the community, and security . Several South Broadway businaaes are seeking suppon from the City u to how they might improve the appearance and seauity of their propenies with improved fencing standards . This ordinance begins to addreu the concerns of businesses and residents . • I •. • • 0 , - • • • • <. CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION IN THE MATIER OF CASE #OR 97~ FINDINGS OF FACT, CONCLUSIONS AND RECOMMENDATIONS RELATING TO THE PROPOSED AMENDMENT OF 116-4-17 OF THE COMPREHENSIVE ZONING ORDINANCE INITIATED BY: NEIGHBORHOOD & BUSINESS DEVELOPMENT FINDINGS OF FACT AND CONCLUSIONS OF THE CITY PLANNING AND ZONING COMMISSION This matter was opened for Public Hearing before the City Planning and Zoning Commission on October 21, 1997, in the City Council Chambers of the Englewood City Hall. At the di- rection of Interim City Manager Esterly, relayed through Assistant City Attorney Reid, the Hearing was continued to November 18, 1997. October 21, 1997 : Commission Members Presem: Commission Members Absent: November 18. 1997 : Commission Members Presem: Commission Members Absem: Cottle, Dummer, Garrett, Horner, Tobin, Weber, Welker, Douglas Styes Cottle, Dummer, Homer, Tobin, Weber, Welker, Doug- las Styes Testimony was received from staff. The Commission received notice of Public Hearing, and the Staff Report, and a memorandum from tbe Public Worts J)eplnmeol, which were incorpo- rarcd imo and made a pan of the record of tbe Public Hearina - No public was present to testify on this issue . Afler considering tbe staacmems of tbe witnesses, and reviewing the pertinenl documems, tbe members of the City Planning and Zoning Commission made tbe following Findings and Con- clusions . .. •· • 0 , • • ·, • FINDINGS OF FACT 1. TBA T notice of Public Hearing was given by publication in the Englewood lkold on October 9 , 1997 . 2 . TBA T testimony from Planning Assistant/Intern Brad Denning and from NBD Director Simpson establish that the proposed amendments to the Comprehensive Zoning Ordi- nance, §164-17, Fences, Walls, and Visual Barriers , bas been discussed with members of the business community, the Englewood Chamber of Commerce, and various other City dcpanmcnts to elicit comments and suggestions . 3. THAT a memorandum from Rick Kahm, Engineering Manager , and Ladd Vostry , Traffic Engineer, dated November 18, 1997 , was received and incorporated into the re- cord; said memorandum stated that they .. find the proposed document , as drafted, ac- ceptable from our Engineering/Traffic Engineering point of view." 4. THAT issues of particular attention are the sight distance triangle. fence heights , and restriction of fence classifications to specific zone districts . 5 . TBA T Planning Commissioners stressed the need for clarity on issues such as points of mcasurcmcm for the sight distance triangle ; definition of .. flow line" • .. curb line" ; height measurement for plantings or construction within the sight distance triangle. Commissioners also expressed concern that imposition of a sight distance triangle at alley/street intersections would negatively impact the building envelope for corner lots. 6. THAT Planning Commission members made suggestions and modifications to the pro- posed draft ordinance, which were incorporated into the proposal to be recommended to City Council . CONCLUSIONS 1. THAT the proposed amendment to the Comprehensive Zoning Ordinance, §164-17, Fences , Walls , and Visual Barriers , was initiated by the Depanmem of Neighborhood & Business Developmem as a response to problems that have arisen with interpretation and application of regulations in the existing § 164-17 , Fences and Retaining Walls . 2 . THAT Notice of Public Hearing was published in the official City newspaper, the Englewood HeiuL on October 9 . 1997 . 3 . THAT the proposed amendmelll to the Comprehensive Zoning Ordinance, §164-17, Fences , Walls , and Visual Barriers , addresses , simplifies , and clarifies standards and ,. - • I • .. • • 0 I I J- • • ·, • <. requirements pertaining to erection of fences and maintenance of a sight distance trian- gle to promote safety of motorists and pedestrians . DECISION THEREFORE, it is the decision of the City Planning and Zoning Commission mat the City Council should repeal the existing §16-4-17, Fences and Retaining Walls, and that the pro- posed § 16-4-17, Fences, Walls, and Visual Barriers should be enacted . The decision was reached upon a vote on a motion made at the meeting of the City Planning and Zoning Commission on November 18. 1997, by Mr. Dummer, seconded by Mr. Welker, which motion states: Dummer moved: Welker seconded: The Planning Commission recommend to City Council mat the Compre- hensive Zoning Ordinance be amended by repealing the existing §16-4- 17, Fences and Retaining Walls, and enacting the proposed f 16-4-17, Fences, Walls, and Visual Barriers. This proposed new §164-17 will include all amendment proposed and included during the course of the Public Hearing . AYES : NAYS: ABSTAIN: ABSENT : Horner, Tobin, Weber, Welker, Cottle, Dummer, Douglas None None Styes The motion carried . These Findings and Conclusions arc effective as of the meeting on November 18, 1997 . BY ORDER OF THE CITY PLANNING & ZONING C~ION \aW9 4 & • I I S ,,.,.....,..._ . ' •, .. • • 0 I - ,. • • ,.. • . ' • '· \, COUNCIL COMMUNICATION Dela Agendallam SUbfect Land Exchange with Soule January 5, 1998 10aii Trust at Union Ave. Reservoir lnltlalad By Utilities Department I Staff Source Stewart Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION NIA RECOMMENDED ACTION Recommend Council approval of Council BIii No. 3 for the land exchange with Soule Trust Partnership at the Union Avenue Reservoir. BACKGROUND, ANALYSIS, AND ALTBINA11VES IDEN11FIED The Utilities Department is trying to modify an existing concrete building, in lieu of a new building, at the southeast comer of the Union Avenue Reservoir site for use os a permanganate feed structure . In checking for a 1 O' minimum setback, per Englewood BuHdlng Code, it was dlac:overed that the building encroached onto Soule Trust Partnership property by 1-1/2'. When the Partnership was contacted, it was discovered that one of their buildings encroaches onto the City's Union Avenue Reservoir property. Soule Trust Partnership has agreed to an equal exchange of the two parcels. The City's exchange parcel is smaler than what would be received from Soule Partnenlhlp, but the City's benefit is that the situation is reeolved In a timely manner eo building rnoc:lflcatiol is for the pennanganam feed can begin on schedule. The City is acquiring appn>Ximately 300 equare feet In exchange for 400 aquare feet. The exchange would aatlafy the 10' Nlbadc ~ by Code. Soule Pal'tnerlhip'a attorney and Englewood's City Allomey have NM8W9d aid agrNd IO the exchange. The exchange property is located at the IOUlheMI comer of the Union Avenue Resenlolr site at W. Union Avenue and the South Platte River . None. LIST OF AffACHIIENTS Council Bill No . 3 Contract to Buy and Sell Real Estate "' - . , • . .. • • 0 - • ORDINANCE NO. _ SERIES OF 1998 • • I • . ' • BY AUTHORITY A BILL FOR COUNCll. BILL NO. 3 INTRODU~ BY COUNCU. MEMBER~ AN ORDINANCE AUTHORIZING THE EXCHANGE OF TWO PARCELS OF PROPERTY LOCATED AT UNION AVENUE AND THE SOUTH PLATTE RIVER B.ffWEEN THE SOULE TRUST PAllTNERSHIP AND THE CITY OF ENGLEWOOD,COLORADO WHEREAS, far the mutual bme6ta cleacribed beniD. the City of Bqlewood, Colando aad Timatby A. Saale, u Trutee far the Soule Tnut Putnenbip, wilb 11D ac:baDp pucela atnal .-..; ad WBEBEAS, tbe CitJ atEqlewood baa awarded a bid far tbe approved impruvemmt of a buildiq ill c:anjunction with the improYelD8Dta at tbe Allen Water Treatment Plant; md WHEREAS, sw:b impro"8lellt would violate the aet back requiremmta under both the 7.oaiq ad Fire Codel without the acquiaitioa of the parcel delc:rihed ill Emibit A; lllld WHEREAS, uiatiDc City builctiq currently encroacbea into property owned by the Soule Trust Partmnbip, -Bmibit A; lllld WHEREAS, a buildill( owned by the Soule Tnut PartDenbip c:mnntly eacroacbea iD11D l*Gpll'ty owned by the City far Wat. Utility pmpcw, w Bmillit B; wl WHEREAS, 1111 adlaap attbe pucela atnal ...._ • clacribld ill Bmillita A aad B, woald briq boda hnftdinp iD1ID cmnptiance with the lat back reqaia mta aad allow far the wded iapluv rt to the City'a baildina; NOW, TIIDBPORE, BE IT OBDAJNBD BY TRB CITY COUNCU. OF TRB CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Serttm 1 Tbe City Coancil at the City at ....... Colando blnbJ matbmiw the ac:baDp at pucala wbicb will iDduda the parc:baN at the propaty liaW ID Emibit A (at:tadled banto • Ezbibit A>, far the purcbaN prica atSl0.00 wl the ale at the property lilted ill Ezbibit B (attacbed i..., u Ezbibit 8), far the ale prica at s10.oo. Sos1iiPD 2 Tbe Mayor lllld City Clerk are b8reby autbarilad to lip ad attaat, napec:tively, tbe Aid Bmibita A and B, (attached bantiD) OD bebalfofthe City Coaacil ad the City of Eqlewaod, Colorado. Iotroduc:ed, rad ill full, and puaed OD 8nt rudiDc OD tbe 5th day of January, 1998. -1- ,. - . ' • .. • • 0 ]- • • • . • ' <. CONTBACT TO BUY AND SBLL 11BAL 11:sTATll 'ftlia Contract ia made CID tbe day of 199_ batwem __ THE CITY OP ENGLEWOOD, COLORADO, A MUNICIPAL CORPORATION OP 3400 SOUTB ELATI STBBET, ENGLEWOOD, COLORADO 80110, [BaJwJ, and TIMOTHY A. SOULE, • Tnmtae far tbe Soala Traat Pmtaalbip of _____________________ Calando ·-- (Seller). Bu,w .... to bay, and tbe .......... S.0., .... to ..0, CID tbe-.. ad caadit:iaaa .. farth iD tbia Caatnct, tbe fbl1owiDc dac:ribed nal ..... iD tbe CoaDty of Arapabae, Colando, to wit: A Pucel al Lad cmeietia, of 0.007 ._ more or 1- Aa daac:ribed iD Attednnent A. toptber with all ill--of Seller, all improvements tbm and all utacbacl latur. thereon. Tbe pm,:baN price aball be Tm Dol1an ($10.00) ad other valaable camidlrmaa tbe indllc:imc:y of wbicb ia benby admawledpd by tbe Seller. 'ftlia CCIDtnct aball inure to tbe benadt of and be bindins upaa tbe bein, penaaal 1apawwwtativea, ._ and uaipa oftbe parties. Subject to t.mdar or payment by Buyw, tbe Sellar aball aKUte ad delmr a aood and indllc:ient Warnnty Deed to Buyer, CCIDftJUII tbe P.openy. BD8pt • otharwiae prmded ill tbia CCIDtnct, tbe P.opaty ad Indmicm• aball be deli"9l'lld in tbe condition aiatmc .. al tbe data of tbia Comnct, Cll'ltiur7 ,... ad tNr ucepted. ENTIBE AGBEEMENT. Tbil CaDtract c::autimta tbe lllf:in cmdnlCt ....._ tbe partial relatiDc to tbe IUbjec:t hereof, IDd ..., priar .-a lllltaiamc .......... anl CII' writtan, have been mspcl ad iDtep'atad into tbia Camnd. " - . . I H I ? A ' ' . ' • . • • • 0 ]- - • • • • • '· NOTICE OF ACCEPTANCE: COUNTERPARTS. If accepted, dua doc:ament lhall become a contract between Seller and Buyw. A copy of dua dcx:ammt may be eacuted by am party, aeparately, and wbm am party bu .-tad a copy tberea( IIUCb copiea taken t.optber aball be deemed to be • fall and campleta cantract bet"-l tbe putia. THE CITY OF ENGLEWOOD Buyer: 'nlomu J. Burm, Mayor Date of Bu:,w'1 aipature: ------ Buyer', Addrma: 3400 South Elati Street, Eacl-ood, Colorado 80110 ATTEST: Louc:riahia A. Ellia, City Clerk TIMOTHY A. SOULB, TRUBTD roa SOULB TRUST PABTNDSRIP Seller: Timothy A. Soula, 1'nlMIN Date of Seller', apatun: -------- Seller', Addraa: --------------Colando ao_ -2- ·~ • .. ., • • 0 f __ I -• • • . . ATTACHMENT A LEGAL QESCRIPU<I A PARCEL OF LAIi) LOCATED IN THE SW 1/4 OF TI£ Ill 1/4 OF SECTION 9. TOIISHIP 5 SOOTH. RN& 68 WEST OF 1l£ SIXTlt PRlll:IPAL MERIDIAN. COONTY OF MAPNU.. STATE OF COL(JW)() BEIJIJ OE PARTICUl.ARLY DESCRIBED AS FOLLlJf.i: BEGINNlr«i AT TI£ SOOlltEST C<RD OF A PARCEL OF LAIi) DESCRIBED IN 800( 6104. PAGE 324. PARCEL I. OF 1l£ MAPNU. C<UfTY RECDDS. SAID POINT BElr«i ON TI£ f01l£RLY RIGfT OF WAY LINE OF lltlON AVEIIJE. REC<RlED IN 80(J{ 127. AT PAGE 407. OF 11£ NW'NIE. C(UITT REC(R)S: 1l£NCE AL<lli TI£ IESTERLY IOlllMY LINE OF SAID PARCEL OlH 24°40'34" WEST 29.24 FEET: 1l£NCE DEPARTIE SAID IDll)ARY LINE SOOTH 80°55'00" EAST 20.49 FEET TO A POINT ON TI£ EASTERLY LINE OF SAID PARCEL OF lNI>: lHEt«:E SOOTH 09°13'09" WEST 23.11 FEET ALClli SAID LINE TD A POINT ON 1l£ IIR1H RIGfT OF WAY LINE OF SAID lltION AVEIIJE: 1l£NCE AL<lli SAID RIGHT OF WAY LINE AND TI£ SOOT1£RLY IDlllARY LINE OF SAID PARCEL SOOTH 83°03'00" WEST 4.36 FEET TO TI£ POINT OF BEGINNIE. SAID PARCEL COOAINING 297 SQUME FEET ((R 0.007 ACRES>. OE <R LESS. CITY OF El&.BDX) lltION P\JI> STATIClt 1K .D II>. 2882.007.00 OC1lllER 28. 1997 lltf Sl£ET 1 OF 2 . ' .. •, • ' . '' • 0 J - • • «. • <. EXHIBIT ~~--~ -':y ~-~-!'!11-----2::J- BOOK 1425 PAGE 591 SCALE: 1" = 1 O' w POINT Of BEGINNING ~ j::' t; za: o. -" ZN ~- lift mtaT DIIO NOT ..,._,.T @ A IIIINIMN1III ~. IT II CII.Y 111DIIDI 'IV DIJIICT M AffMHD ~'IIGN. t-R_OC_l<Y __ MOU_Nt:_AI_N_C_ONS_U_LT_ANTS___;.;...' _INC---'. __ ...;;SHEET~;;;......;2;;....;;,0F'__;;;2 __ -I llOI (. --· -••• ......-. CD.... (JU) ,.,_ .. CINI ,., ..... a 111. 2882.007.00 II 27 97 ..... -------.....-........ . . . •. .. • • 0 I J - - • • • <. CONTRACT TO BUY AND SELL BEAL BSTA'l'E Thia Contract ia made OD the day of 199_ betwem __ TIMOTHY A SOULE, u Trustee for the Soule TnJat PU1Danbip of _____________ _, _______ Colorado 80_, (Buyer), and THE CITY OF ENGLEWOOD, COLORADO, A MUNICIPAL CORPORATION OF 3400 SOUTH ELATI STREET, ENGLEWOOD, COLORADO 80110 [Seller). Buyer qrN8 t.o buy, 1111d the undeniped Seller, qnm t.o ..U, OD tbe tarma and coaditiona Ht forth in tbia Contract, tbe following deacribed real estate in tbe County al Arapahoe, Colorado, t.o wit: A Parcel of Land comiatiq of 00.009 IICl'N more or 1- Ji. daec:ribed in Attachment A topther with all int.ereat of Seller, all improvement. thereon and all attached fbtures thereon. The purc:h.ue price llhall be Ten Dol1an ($10.00) and other valuable camideration the aufficiency of which ia hereby admowledpd by the Seller. Thia Contract shall inure t.o tbe benefit of and be binding upon the heirs, penonal representatives, aucceuora and uaipa of the parties. Subject t.o tender or payment by Buyer, the Seller aball eucute and deliver a good and aufficient Warranty Deed t.o Buyer, CODveyinc the Property. b:ept u ~ prmded in tbia CODtract, tbe Property and lnduaiaaa aball be delivered in the condition uiatinc u of tbe date of tbia CODtnct, ontiDuy war and tear ucepted. ENTIRE AGREEMENT. Thia CoDlnct camt:it:atee tbe mtire c:mtnct i.t... tbe parties nlatin( t.o tbe IUbject hereof, and UlJ priar aai-ta pertaiDmc tba9to, wbathar oral or written, have been merpd and iDtllpat,ed iDto tbia CODtnct. ---- ,. -. • X H I • I T a .. . ' • • 0 I - - • • ... NOTICE OF ACCEPTANCE: COUNTERPARTS. If acceptecl. thia document shall become a c:ootract between Seller and Buys. A copy aftbia doc:ammt may be euc:uted by each party, aeparateiy, and wbal each party bu GKutlld a copy tberea( nm capia talr.m toptbar shall be deemed 1IO be a fall and CIIIDpl,ltie amtnd between tbe puma. TIMOTHY A. SOULE, TRUSTEE FOR SOULE TRUST PARTNERSHIP Buyer: Timothy A. Soule, Trutee Date of Buyer'• aipature: -------- Buyer'• Addnu: __________ .., _____ Colorado 80_ THE CITY OF ENGLEWOOD Seller: Tbomu J. BUl'Dl, llayor Date of Seller'• lipature: ------ ATTEST: Loucriabia A. Ellil, City Clerk -2- . , • . .. • • 0 f ~2 x l - - ·.., • • • (. ATTACBMEMT A LEGAL IESCRIPIHJf ,,, - • A PARCEL Of LN1> LOCATED IN 11£ SW 1/4 Of 11£ NW 1/4 Of SECTION 9, TilltSHIP 5 SOOTH, RN& 68 IIEST Of 11£ SIXTlf PRifl:IPAL MERIDIAN, COONTY Of ARAPNIE. STATE Of COLOWJO BElfG tlR PMTIClURLY IESCRIBED AS FOi.Lat.;: C<NEfl:IfG AT 11£ SOOTl£AST C<IIER Of A PARCEL Of I.Al) DESCRIBED IN BOO( 1425, PAGE 591, Of TI£ ARAPNIE COONTY RECCR>S, SAID POINT BEifG ON 11£ f011£RLY RIGHT OF WAY LINE Of tlH(Jt AVEU. RECCDD IN BOO( 127, AT PM£ 407. Of 11£ ARAPNIE COONTY REC<R>S: 11£11:E Al.(11; TI£ IIESTERLY IKllllMY LINE OF SAID PARCEL fDmf 24•40•34• IIEST 496.80 FEET.TO TI£ POINT Of BEGINNifG: TI£fl:E DEPMTifG SAID BOOtllMY LINE SOOTH n•oo·44· IIEST 49.87 FEET: 11£fl:E 0TH 06°57'56• IIEST 10.84 FEET TO A POINT ON 11£ f011£RLY BOINlMY LINE Of SAID PARCEL: 1l£fl:E IIRTH 83°02'04• EAST 47.80 FEET TO TI£ fOTI£AST C<BER Of SAID PARCEL: 1l£fl:E SOOTH 24•40•34• EAST 5.89 FEET Al.CJ«; EASTERLY BOOtllMY LINE TO 11£ POINT Of BEGlflHfG. SAID PARCEL C(JIITAINir«i 403 SQUARE FEET (Ol 0. 009 ACRES) • OE Ol LESS. CITY Of BG E101> tlll(Jt NII STATl(Jt 1k D fl). 2882.007.00 OCTIIIER 28. 1997 lltf Sf£ET 1 OF 2 ' ' •. ' • ; I . ' • 0 J - - • • .. • . • ' .. .. EXHIBIT POINT or BEGINNING S 24"40'34" E 5.89' METAL BUILDING z ~m ...... ~ .o CD"2 0 --~ -· 1 .9' --~-1---------.llf N 06"57'56 ' W 10.84' ---~ -- POINT OF COMMENCEMENT SOUTHWEST CORNER BOOK 1425 PAGE 591 BOOK 1425 PAGE 591 ~ ------~.~---.. __ , SCALE: 1· = 1 O' ,, - ' ' ... • • C 0 ]- • • • . . BY AUTHORITY /{)bi mu.KO.• ODUCED BY COUNCIL MEMBER CLAPP AN ORDINANCE AMENDING TITLE 15, CHAPTER 2, SUBSECTION 3, AND ENACTING A NEW TITLE 5, CHAPl'ER 26, OF THE ENGLEWOOD MUNICIPAL CODE WHICH PERTAINS TO TRASH HAULING LICENSES. WHEREAS, the collection and diapoaal of household and commercial truh ia a growing environmental problem; and WHEREAS, the environmental and financial impacts of truh diapoaal are felt by all the citizens of Englewood; and WHEREAS, the unregulated hauling or diapoaal of truh by unknown peraona creates a possible health and safety problem regarding prompt and proper disposal of truh; and WHEREAS, the licenaing of Truh Haulen will lessen the health and unitation problems usociated with unregulated pick up of truh or wute; and WHEREAS, the licenaing al truh haulers will enc:ourap the reeydmc of materials which will relieve the diapoaal burden IHl the environment; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOU.OWS: Sed;icm 1. The City Council r:4 the City of En,lewood, Colando hereby amenda Title 15, Chapter 2, Subeection 3F of the En,lewood Municipal Code by deletiq Parqraph F . 15-2-3-F. Ne pel'Nll rhrlJ..,.. ill the Is riam ••-:illr e, ha r I wMll ill the Qi., w.tlle•.,.. rM · · 1 a linmr tha:afw. h ,.wt, llllllW....,.alsle lieeMe h II lse •••• a,, the &ire•" el Pillaaeial Sem-.,. --,.,.. ........ •·a-EM.Ml ,.. ...... Sed;ign 2. The City Council of the City r:4 En,lewood hereby enacta a new Title 5, Chapter 26, entitled Truh Haulinf, which lhall rad u follows: -1- . ' .. • • 0 , • . ' • '· CHAPI'ER.26 TRASH HAULING SECTION: 5-26-1: Definitions 5-26-2: License Required 5-26-3: Application For License 5-26-4: Special Conditions and Restrictions of License 5-28-1: DEFINITIONS: For the purposes oftbill Chapter the following definitions apply: TRASH : TRASH HAULING: WASTE : DISCARDED MATERIALS INCLUDING, BUT NOT LIMITED TO HOUSEHOLD WASTES, FURNITURE, CONSTRUCTION SUPPLIES AND MATERIALS, GARDEN, LAWN AND LANDSCAPING SUPPUES AND WASTES, SCRAP WOOD, METAL, OR OTHER MATERIALS, CLOTHING AND BEDDING. (SEE ALSO WASTE) ANY PERSON, PARTNERSHIP, OR CORPORATION TRANSPORTING TRASH FOR DISPOSAL FOR ANY FEE OR OTHER COMPENSATION IN THE CITY OF ENGLEWOOD . THE TERMS "WASTE" AND '"l'RASH" HAVE THE SAME MEANING FOR PURPOSES OF THIS ORDINANCE. (SEE ALSO TRASH) 5-52: UCENSE BBQIJIBBD; IT SHALL BE UNLAWFUL TO PERFORM TRASH HAULING IN THE CITY OF ENGLEWOOD FOR ANY FEE, CHARGE OR OTHER COMPENSATION WITHOUT FIRST OBTAINING A LICENSE PURSUANT TO THIS CHAPTER. 5-21-3: APPUCA'l10N FOR UCBNBE: THE APPLICATION FOR A TRASH HAULING LICENSE SHALL BE MADE IN ACCORDANCE WITH THE PROVISIONS OF TITLE 5, CHAPI'ER 1 . 5-18-4: SPBCW.. CONDfflONB AND BBS'l1UCDON8 OF UCENBB: IN ADDfflON TO LICENSING CONDfflONS SET FOR IN CHAPTER 1 OF THIS TITLE, THE FOLLOWING SPECIAL PROVISIONS SHALL APPLY. A. ALL VEHICLES HAULING, TRANSPORTING, OR PICKING UP TRASH SHALL COMPLY WITH REGULATIONS RELATING TO SIZE, WEIGHT, AND LOAD AS DESCRIBED IN PART 5 OF THE IIODEL TRAFFIC CODE FOR COLORADO MUNICIPALITIES AS ADOPTED BY THE CITY OF ENGLEWOOD . -2- "' -. . • • 0 I ? I • . , -•. - ,. B. PARTICIPATION IN COORDINATED CLEAN UP PROGRAMS IS REQUIRED. THE LICENSE HOLDER MAY PARTICIPATE BY PROVIDING FREE PICK UP, REDUCED FEES, OR OTHER INCENTIVES TO CITIZENS OF ENGLEWOOD AS PART OF AN ONGOING EFFORT TO IMPROVE THE QUALITY OF LIFE IN THE CITY OF ENGLEWOOD . C. LICENSE HOLDERS MUST PROVIDE RECYCLING SERVICES TO CITIZENS OF ENGLEWOOD AS MAY BE REQUIRED BY THIS CODE. D . THE HAULER MUST DISPOSE OF TRASH IN A STATE OR FEDERALLY APPROVED SITE OR FACILITY AND THE DISPOSAL SHALL NOT BE IN VIOLATION OF ANY FEDERAL, STATE, COUNTY OR CITY RULE OR .. REGULATION. E. THE LICENSED HAULER MUST NOTIFY THE LICENSING OFFICIAL OF HAULER'S LOCATION FOR DISPOSAL AND SHALL NOTIFY THE LICENSING OFFICER OF ANY CHANGE IN LOCATION WITHIN THIRTY (30) DAYS. F . NO LICENSED HAULER SHALL OPERATE ANY TRASH COMPACTING MECHANISM ON ANY MOTOR VEHICLE NOR SHALL A LICENSED HAULER ENGAGE IN ANY TRASH, RUBBISH OR GARBAGE COLLECTION ACTIVITY BETWEEN THE HOURS OF TEN (10) P .M. AND SEVEN (7 :00) A.II., WHEN SUCH COMPACTING OR COLLECTION ACTIVlTIES TAKES PLACE WITHIN OR ACROSS THE STREET OR ALLEY FROM A RESIDENTIAL DISTRICT OR WITHIN THREE HUNDRED FEET (300') OF A HOTEL. G . INSURANCE BFc9UIBEP : LICENSE HOLDERS ARE REQUIRED TO I. MAINTAIN THE FOLLOWING LEVELS OF INSURANCE: 1. ALL IIOTOR VEIDCLBS USED IN THE OPERATION OF THE LICENSED BUSINESS SHAU. BE INSURED UNDER THE LAWS OF THE STATE OF COLORADO . 2 . COIIPREHENSIVE GENBBAL l.JABll.JTY WITH A IIINDIUII COMBINED SINGLE LDIIT OF LIABWTY FOR BODILY INJUKY AND PROPERTY OF ONE HUNDRED THOUSAND DOu..\RS CSl00,000) PD OCCUIUlENCE AND AGGREGATE . FAILURE TO MAINTAIN SUCH INSURANCE OR TO PROVIDE SUCH EVIDENCE ON REQUEST SHALL BE CAUSE FOR IMMEDIATE REVOCATION OF THE LICENSE. H . TRANSFER. TRASH HAULING LICENSES ARE NOT TRANSFERABLE . ., • • • 0 -3 - -·----I - • • • • • '· Ses;tion 3. Safety Claueea 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 ia promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preaervation 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 1D the proper legislative object eoupt to be obtained. Sediilll 4 $cy,:rability If any clause, aentence, parqraph, or part of this Ordinance or the application thereof 1D any peraon or circumatancea llhall for any reason be adjudpl by a court of competent jurisdiction invalid, IIUCb jud,ment llhall not affect impair or invalidate the remainder of thia Ordinance or its application to other penona or circumstances. Scc;tigp 5 Inqmaiatcot Ordinapcee All other Ordinancee or portions thereof inconaiatent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsiatency or con11ict. Scs;tigp 6. Eft'ec;t of repeal or modification The repeal or modification of any provision of the Code of the City of Encl-ood by this Ordinance llhall not releue, extinguiah. alter, modify, or chanae in whole er in part any penalty, forfeiture, or liability, either civil or criminal, which ahall have bNn incurred under auch provision, and each proviaion ahall be treated and held u still remaining in force for the purpoaea of sustaining any and all proper actiona, auita, proceedinp, and prosecutions for the enforcement of the penalty, forfeiture, or liability, u well u for the purpoae of •ustaininc any jud,ment, decree, or order which can er may be rendered, entered, or made in such actions, suits, proceedinp, or prosec:utions. Scs;tigp 7. fmalty. The Penalty Provision of E.M.C. SectiOD 1-4-1 llhall apply to each and every violation of thia Ordinance. Introduced, read in full, and puaed CID fint readin, Oil the 15th day of December, 1997 . Publiabed u a Bill fer an Ordinance CID the 19th day al December, 1997. Read by title and puaed CID &nal readin, CID the 5th day a{ January, 1998. Publiabed by title u Ordinance No . _, Series al' 1997/1998, OD the 9th day of January, 1998 . Tho-J. Burm, Mayor ATTEST : Loucriahia A. Ellil, City Clerk -4- . , ... '· .. 0 • • 0 I - - • • · ... • I, Loucriahia A. Ellia, City Clerk of the City of Enclewood. Colorado, hereby certify that the aboYe ud foreeoin( U a true copy of the Ordinance puNd OD final readiDc and published by title u Ordilwu:e No. _, Seriee of 1997/1998. _,_ ----·------. '• ,; • • 0 1 -.-. I - - , • • • • .. BY AUTHORITY JIO. lCII UCED BY COUNCll. MEMBER WAGGONER AN ORDINANCE APPROVING A LICENSE AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE REGIONAL TRANSPORTATION DISTRICT (RTD) TO ENCLOSE CITY DITCH AT THE MINERAL AVENUE PARK-N-RIDE WEST OF SANTA FE DRIVE. WHEREAS, Englewood Water and Sewer Board recommended Council approval of the propoeed right-of-way agreement with RTD t.o allow RTD t.o encloee the City Ditch in 208 linear feet of60• RCP and encloee 692 linear feet in 54• RCP for that portion of the City Ditch located north of Mineral Ave. and west of Santa Fe Drive; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sec;tigp 1. The attached Licenae Agreement between the City of Englewood, Colorado, and Regional Transportation District for RTD'a enclosure of a portion of City Ditch at the Mineral Ave. Park-N-Ride just north of Mineral Ave. and west of Santa Fe Drive, attached hereto aa "Emibit 1; ia hereby approved by the Englewood City Council. Sed;jgp 2. The Mayor ia authorized t.o uecute and the City Clerk t.o attest and Na! the Licenae Acreement for and on behalf of the City of Englewood, Colorado. Introduced, read in full, and paaaed OD fint readinc OD the 15th day of December, 1997. Publiahed aa a Bill for an Ordinance OD the 19th day ofl>ecmnber 1997. Read by title and paaaed on final readini on the 5th day of January, 1998. Publiahed by title aa Ordinance No. _, Series of 1997/1998, OD the 9th day of January, 1998. Thomae J. Buma, Mayor ATTEST : Loucriabia A. Ellia, City Clerk -1- . . . ,. .. • • 0 J- , • • • - '· .. LICENSE AGREEMENT THIS UCENSE AGREEMENT. made this_ day of 1997, betwem C1'1'Y OF ENGLEWOOD, a municipal em,,oratioD al the State of Colondo, herein marred to u "City", and THE REGIONAL TRANSPORTATION DISTRICT (RTD), a political IUhdiviaion of the State of Colorado, luniD refernd ta u "Lic:emee". WHEREAS, the City of Eqlewood aad tbe Recicmal Tramportation Diatrict qree to encloae the City Ditch llOl'ib of Milleral Avenue Wider the following terms and conditiona: WITNESSETH: 1. The City, without any warranty of ita title or interest whatsoever, hereby authorizes Licemee, ita successors or auigm, to encloae the City Ditch in approximately 208 linear feet of 60-inch diameter reinforced concrete pipe (RCP) and 692 linear feet of 54-inch diameter RCP. Conatruction will include connection to the emting 60-inch City Ditch pipe north of Mineral Avenue, four manholes, and a riprap protected outfall to the uiatiDg open clwmel, all u part of RTD's Line Segment 2 Contract within the propoeed Mineral Park-n-Ride and shown on Attachment A. The work contemplated shall be dcm.e only during the periods from this date through March 31, 1998 and from November 1, 1998 throqh March 31, 1999 aad shall be completed prior to the l"IIIIUlllption of water t1oft in City Ditch an Aprill, 1999. ID no event shall the conatruction impede the workmc of the City Ditch during t1aw seuon, April l, 1998 through October 31, 1998. The City requins a CODtinual water tlow of 40 c:fs during thia period. 2. Any comtruction contemplated or parfonMd llllder this LicmN lb.all comply with and conform to ltandarda formulated by the OindDr al Utilitia al the City and aw:h conatruction shall be permnud ad complatad accordiq to the plaaa, couiatiDf of one sheet, a copy al which ia actacbed hento aad made a part banot: 3. Lic:emN shall notify the City's Director of Utilities at leut three (3) days prior to the time of commenallllmt of the caaatrucaaD. of. or uy rwpain to, Lic:emee's cdoaure of the City Ditch IO that the City may, in ita clilcreCiGD, iDlpect aw:h operations • 4. By April 1, 1999 caastrw:tim al said City Ditch mclmure sball be completed by the Lic:emN, who shall clear the crCIIIUII area al all coaatrw:tiall debria and rntore the aru to ita pnmoua c:aaditioD .. DNrly u may be l'UICID&ble. Should the Lic:emee impede the City's UN of the City Ditch cimmr the Plow -. April 1, 1998 tbrouch October 31, 1998 or after April 1, 1999, tbe City sball haft tbe richt to tab any actim n-.r, to allow the water ta flow u rwquind by the City. Ally apenw inc:umld by this action, which are in m:aa of tbe IMll'lllal apmaa for opmina the City Ditch, will be paid by the LiceDNe. X H I B I T l .. • • 0 ] • • ,~ . • ' 5. The City shall have the right to maintain, install, repair, remove or reloc::ite the City Ditch and its appurtenances within the City Ditch right-of-way, aa shown on Attachment B, at any time and in such manner as the City deems uecesaary or co11veni1111t. The City reserves the ucluaive right to control all euem1111ta and installations aaoaa, over, or under the City Ditch. The parties aclmowledge that this Liceme is to effectuate the provision af services neceuary and beneficial to the public. The parties will make nary effort to e&ct repain, maintenance, or modification of the property af Licemor or U-witbaut affactmf the pnmaian af Nl"ricea to the public. Any disruption or halt af ..-rice1 pnmded by Lic:euor or LiamaN shall occur only in the event af an emerpncy canaatutiq a threat to public health and safety. 6. The stipulation and conditiODII af this Licenae shall be incorporaied into contract specificatiana if the conatruction herein authorized is to be done on a contract buia. 7. The ripta and privileps p,mted in this Lic:mN shall be subject to prior aar-menta, licema lllld/or snmta, recorded or unrecorded, and it shall be the LicemN's sole 1'911pOD8ibility to determine the aistence af said documents or conflictiq -or installations. 8. The LicenlN shall contact and fully cooperate with the City's personnel and the construction shall be completed without interference with any lawful, usual or ordinary tlow af water throush the City Ditch. Licenaee shall aasume all riska incident to the pouible preNDat af such waters, or af storm waters, or af surface waters in the City Ditch. 9. All tnncha or bol• witbiD the City's ripita4-way shall be bacldDled and tamped to the oricmal p,,und line in layen not to m:iNd lilt (6) iDCha loole meuure to a compactiClll af DiDaty per cent (~) Standard Proctor Muimum Density. 10. U-, by accepcaDCe al tbia liceaN, apraaly -.-full and strict liability for any and all damapa af fff/f"f natme tD par.m or property callNd by watar from the ditch lNkiDc tbruucb the ditch bub er pipelim ac the paiDt or paiDta wbare the LicenaN par!arma any wort in cmnefflCID with the c:raaiq prcrrided by this licenN. Tba U--w all rMpODeibility far m•intm•nre af the imtalJ•tjon, acapt far tbe ,-al al Ndimm& and dabria tnmportad by watarl within the emdolun, or damap to tbe pipe inlerior caued by water-bone dabria. 11. Subject to C.R.S. 24-10-101, .c Nq. the UanaN shall indauify and aa'ft harmlaa the City, ita dean and_..,._, apilllt eny and all c:laima, damape, ectiaaa or ca.-al ectioD and apaaw to wmch it or tbay may be mbjectad by r.-m al said encloeinr af the City Ditch beinf within, ecrw end lUldar the pnmiNI al the City or by l'9UClll al my work done or caileiGD made by I.icmw, itl ..-a or ~. in CODIMlctioa with the caaatruction, replecanmt, maintanm or repair of said installation. 12. It is apreuly qrwd that in -of LicenlN'1 bnech oi any of the within promiaN, the City may, ai ita opCion. ban apeci4c ~ tbanoi, or sue for damape reeultinr !rom auch breach. -2- Ill - ~ " •· • 0 , - # • • • • • <. 13. The City shall have tbe ripi to meintain, inatall. rwpair, remcmt or relocate tbe City Ditch and ita appurt:awu:ea witbiD t:be City Ditch riaht-of-way, sbawn on Attachment B, at any time aad iD aach DUIIIDS u tba City demDa ~ or «:mlftlU&t. The City_,... tbe ad111m1 riabt to caatral all wta and imtaJJ•ticm• anr, ecraa or madar City DitdL ID ll'8DPDI t:be _,.. iiidbuiilldiw, t:be City z-.. die ript to mab fbll UN al t:be proparty umilftd u may i.1111 17 ar CdltWDiia& iD die opaatim of tba __. warb plant and.,-_ madar t:be caldrlll alt:be City rr•i-.at with llTD'• awunbip iD tba property and t:be ctt,'• ---iD t:be City DitdL. IN WITNESS WHEBEOF, dlis ~ bas i.en IIIIICllted u of tba day and year flnt ahoYe writtaD. City of Eqlewood ATTEST: Tbomu J. Bame, Mayor Loucriebia A. Ellis, City CJarit The Ulldanipad ........ oGlcer al'l'lle ...... , Tramparad:imt. Diamct has rad tba filrelaillS u-. a.-Ill' am bebalf ae Mid Bepma1 Trauportatim DieCrict elm it will WlpC wl will .... by all t:be tame 811d cmdition• thereof . -3- ,- ' .. .. . , • • • 0 f "'>f'\vl • " - 0 t• • " .. •· • 0 •• -4. ' ' t! , ... , - • • • • • PARCEL NO . SWUE -25 J.oiPAL DESCRIPTION " portion of a parcel of land •• dew c rtbed ln 9ook 4514 Page 11 and a pcntlon of a parcel of land •• deacrlbed ln Book 110 P999 15 , aald legal deacriptlon contalna o .5295 acrea, -,re o r leaa . and la altuated ln the aouth-•t t/4 of the aoutheaat 1/4 of sec tion 29 and t he aoutheaat 1 /4 of the aouthweat J/4 of sect ion 29 and the northeaa t l /4 o f t he northweat t /4 of aectlon Jl , all wlthln To\lfflahip 5 South , 1,m9e 61 Meat. of the Slath Prlnclpal Meridian , City of Littleton , county of 1'rapahoe:. s t a t e of Colo-cado, a contlnuoua legal deacrlptlou , 25 feet ln vldth. 12 .so (eet on each aide oft.he following deac r lbed center 1 tne. the aide I lnea of aald 25 f oot legal deecrlptlon to be extended or ahortened to ... et al angle point.a , alao to begin and ter•lnata at point• on the boundary line of eald parcttl• of land , said legal description being aore particularly deec..-thed •• fol low•: c°""""nclng at the Horth 1/4 coiner of eald aectlon 12 , froa which the uorthveet corner of eald eectlon )2 baar• II 11• 29 ' 41• M, a dletance of 2,621 .12 feet, thence 9 53• DI' 41 " M, a dletance of 493 .19 feet to a point on the eoutherly line of the parcel of land •• described ln aald Book 120 Page 25 , eald point alao bahtg on the northerly ri9ht ·of ·vay llne of Meat Mineral Avenue ae deacribed in Book 5191 Page 295 , eald point aleo being the true l'Ollff or ••••11111: l. 'ltlence departing aaid aoutherly parcel llne , H 41• 10 • 21 • I, a dletanc• of 2)0 . 21 f-t: 2 . Thence N 1,• 41 1 11• a, a dlatance of 121.ss feet , J . Thence N 4!• St ' 42• a, • dlatance of 190 .50 feet ; 4 . Thence N 10• 21 ' 29• E . • dlatance of 110 . 21 feet wlth the center and aldellne• of eaid legal deecrlptlon t•r•lnatlng at point• on th• northerly line of the parcel of land aa deecrlbed ln eald Book 45'14 Page 11 , The alk>ve deacrlbed parcel contain• 2),065 aquare feet , 0 .529S acrea , .ore or , .... !Depicted on SXhlblt II , attached) IIAS19 o, aP•t-, MadncJ• or• booed upon the North llne of the Nort-•t t/4 or section )2, -•hip 5 South, •encJe H ... t of the llath Principal Herldhn . Hid line la --nted on the North t/4 corner by • 2 -1/2" alualnua cap in range bo•. and on the Nortl,we•t corner by J ·l/t• alualnua cap •COOT· PU JSJl4 and bear• N it• JI' 41• • aa baHd upon the laprov.-nt lurwey Plat prepared by Mnc-rk lurweylng, t.TD . lald boot• -• r._ated by client and any l'ecord lnfor .. tlon eontalning bearing dlrectlona wee rotated accordingly . I hereby eerttry that the prevloualy deecrlbed legal deecritlon M• been ~:::;~t~.; ;-r.~!~:~~ :~r:;~~= ~:!~!:·t: ::1-:t~ .. e:~ ·::~! thl• deecrlption were derlved fr«-th• unrecorded J91trov ..... t lurvey •lat•, dated OJ ·1!·91, conat,ucted and certified by .. 11cl .. l'k lurveylng Inc ., to the Oen••r and •to Orand• lteat•rn aallroad and to Tl• ... tonal Traneport.atlon Oiatrlct and to th• •tchleon, Topeka and Banta Fe aallroad . oenlel P . w11-th, P . i..•. ror and on NMlf of J .,. 1ato • aeeoclat•• IHI •· ••PP n . Littleton , co . 10120 •••• l of 2 . . .. • • 0 -• • I• . • ' IJ JS. SATO AND ASSOCIATES c--..£...-• ........ -·-· -'"· ....... -Cl ..... ,.,, .. ,.,. EXHIBIT A NOTE: THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED L'ND SURVEY . IT IS INTENDED ONLY TO DEPICT THE ATTACHED DESCRIPTION. 0 e JOB . NO . J[UO 11 O(SC . SWUC-2!1 DAI[: 1-21-17 8't _JIU__ SCAl[: 1• • ..lJIIL._ CtlECM[O.JlfL.__ SIIEEI ..z......_or ...L__ NOICS : - 100 200 SCALE IN FEET ... •11• Pa. II stl/4, SWl/4 stC 21 T5S, llllW SWl/4, stl/4 Ile n TU,- I ; \/' UTIUTON l'artl-n-llllK / SUIDI\IISION , , ' \ ......... ..... ~-----./ \ I ~ I I JOO ~ ... ·~"'4( .. , ~ ~ ~ __; ATTM:19IBIIT I Pa9a 2 of 2 ,,, -. , .. • • 0 , ,, J- - • • callWfCB lfO. _ mtE8 OF 1997/1998 . ' • • • '· BY AUTHORITY t• /ti,,ii ........ UCED BY COUNCIL MEMBER WAGGONER AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT FOR A TEMPORARY AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND CENTENNIAL WATER AND SANITATION DISTRICT TO PROVIDE ADDITIONAL WATER TO CENTENNIAL UNTIL A PERMANENT AGREEMENT IS APPROVED. WHEREAS, on November 3, 1980 Englewood and Mission Viejo Company ent.ered into an agreement, known as Water Supply Agreement, effective January l, 1981, whereby Englewood would supply water to an area owned by Mission Viejo Company known as Highlands Ranch; and WHEREAS, Mission Veijo Company duly asaigned its interest in the Water Supply Agreement to Centennial, aucceuor to Mission Viejo Company; and WHEREAS, Englewood and Centennial agree that certain amendments would improve the exiating Water Supply Agreement and wish to enter into a Temporary Agreement at this time while they work together to amend or replace the original Water Supply Agreement; and WHEREAS, this agreement provides for an increase in the amount paid by Centennial for the water they currently purchue and providea for purchue of temporary uceu water by Centennial. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, AS FOLLOWS: Scs;tion 1. The attached Intergovernmental A,reement entitled "Enclewood- Centennial Temporary Agreement•, attached hereto u "Ezbibit A,• between the City of Englewood, Colorado, and Centennial Water and Sanitation District ii approved. Scs;tigp 2. The Mayor ii authorized to ew:ute and the City ci.t to attest and Mal the Intersovernmental A,reement entitled "Eqlewood-Centennial Temporary A,nemeni-for and on behalf of the City of Englewood, Colorado . Introduced. read in full, and paaed on ftnt reading on the 15th day of December, 1997. -1- II .• , I • .. ; • • 0 - - • • .. .. Publiabld u a Bill farm~ CID tbe 19th day of o-ber 1997. R...t by tide ud puad Oil final readiDr cm tbe 5th day of January, 1998. Publiabld by title u OrdiDaDm No. __, Series al 1997/1998, Oil tbe 9th day al January, 1998. "nlomu J . Burna, Mayor ATTEST: Loucriahia A. Ellia, City Clerk ,.. I, Loucriahia A. Ellis, City Clerk of the City of Eqlewoocl. Colorado, bareby certify that the above ud foreaoina ia a true copy of tbe ~ palNd OD final readinf and publiabed by title u Ordinance No. __, Seriee of 1997/1998. -2- ' . • • 0 ]- ] • 1. • • t• • DGI.ZNOOD--ClDITDlaAL TDPOllAllY AGRSJl!lfBl'ff This Temporar.r Agreement is entered inco and becomes effective on this day of , l.997, between the CITY OF ENGLEWOOD, a Colorado municipal corporacion ("Englewood"), and CENTENNIAL WATER AND SANITATION DISTRICT, a Colorado quasi-municipal corporation ( "Cencennial" l . Englewcod and Centennial are scmecimes refer:-ed to collectively herein as "the parcies•. On the third day of November, l.980, Englewood and Mission Viejo Company entered inco an agreement:, which became ef!ec~~ve January l, l.981, entitled •water Supply Agreement• where-~. among ocher things, Englewocd was to supply wacer to an area owned by Mission Viejo Company known as Highlands Ranch. Mission Viejo Company duly ass i gned its interest in the Wacer Supply Agreement: to Cencennial, which is the successor to Mission Viejo Company under t!le Wacer Supply Agreement and is bound by all the ter:ns thereof. Englewood and Centennial agree thac t!le value of the Water Supply Agreement could be enhanced by certain amendments or clarif~cations or even by replacement: with a new agreement:. (No at:empt is made herein to enumerace, describe or resolve the ways in which the Wacer Supply Agreement could be so amended, clarified, or replaced.) The parties wish to enter into t.:lis Temporary Agreement so as to escablish a basis for cooperative actions between the two of them, while they work togec~er in an attempt to so amend, clarify, or replace the Water Supply Agreement and to resclve other water supply issues which are generally outlined below in Section 2. 2. QGQTll'n01f SCBJPVLI. The part:ies agree to enter into and conduct good faith negoc~acions to attempt to reach an agreement concerning the following issues on the following schedule: ·rtem/Aa;:eernents Opdate, review, prioritization, and discussion of negotiation issues and schedule C~ty Ditch (including City Ditch permane.~ce and Cicy Dicch Pump scacion improvements ) sche¢ile December l.997 lst Qu.ar:er l.998 ..... "' - ... I • I T A • • 0 1 32 x l -• 0 • Ne•rada Ditch ( including revision of the Nevada Ditch Holding Company bylaws and lease of Englewood's Nevada Ditch capacity) Water deliveries (amount, price, location, and timing under Water Supply Agreement) CWSD McLellan pump station planning, design and construction coordination McLellan and South Platte Lake storage under Water Supply Agreement and 8/3/77 Water Leaae and Management Agreement) Final agreement (incorporates above items and other remaining issues in one or more new or revised agreements ) 2nd Quar:er 1998 2nd Half l998 During 1998 lst Qua.r;er 1999 2nd Qua.r;er 1999 Other issues may presently exist or may arise during the course of negotiations. The parties' goal is to rasclve all issues (not just Water Supply Agreement issues) pending during the course of negotiations . l · PIZTsX S!7IPVIal !ADI PIWYIIIII PP ma• During the ter:n of this Temporary ~ement, the fallowing provisions apply with respect to the water Jcnown in the Water Supply Agraement as "Monthly Schedule Water• . Englewccd shall continue to deliver Monthly Schedule Water in accordance with parac;raphs 2. 2 and 5. l of the Water Supply Agreement. Payments for Monthly Schedule Water shall continue according to the sc.!ledul.e provided for in the Water Supply Aqreement. The price for deliveries of Monthly Schedule Water for the duration of this Temporary Agreement shall be $372. 00 per acre-foot beginning on the first day of Janua..""Y, 1998 if this agreement becomes effective . If for any reason Englewood fails to deliver any par: of the Monthly Schedule Water in the amount and at the time and locat i on required by the Water Supply Agreement, Centennial shall not pay for the amount which is not so deliverad; but there shall be no reduction in the price paid for any Monthly Schedule Water which ia properly deliverad. Englewccd shall use geed faith efforts to inaure that Monthly Schedule Water 2 • • 0 , -• 0 • deliveries are uninterrupted. Englewood shall notify Centennial as soon as possible of any problems L"l making such deliveries . 4. DI lS , 1S% QP kT:IJcI AU STQBAGB • During the term of this Temporary Agreement, Centennial shall be entitled to the e-"<clusive use of 15 .15% of the storage capacity in McLellan Reservoir refer=ed to in Paragraph 2. 4 of the Water Supply Agreement; provided, however, Englewood shall have the right to use any unoccupied portion of said 15.15%. After six mcnths from the signing of this agreement, any such por.:ion of said 15 .15% used by Englewood shall be deemed •spilled• if Centennial is subsequently able to fill such por:ion. The water in storage in said 15.15% of the McLellan Reservoir capacity as of the dace this ag:-eement becomes effective shall be deemed to be held in the following ownership percentage : 100\ by Englewood. 5 • BNGLZWQQP' s TJMPQRARY gc;:ss WATJI; SVSiVS+QH QP PIICDPVI:IP WATD, APPrn:Ql!AL SJlllPLUS !AID MP RDA WATJI CATJGQlllS. Dur:.ng the term of this Tempora:::y Agreement, the parties' rights and obligations with respect to Unscheduled Water, Additional Su..""1)lus Water, and Extra Water under the Water Supply Agreement are suspended and replaced by the following ter.ns and conditions with respect to delivering water known as Englewood's Temporary Excess Water to Centennial. Englewccd' s •Temporary Excess Water• means water which Englewcod does not need to supply its own municipal customers or to provide the Monthly Schedule Water or other contractual water delivery obligations. Some of the Temporary Excess Water is available by delivery to McLellan Reservoir via the Highline Canal. Some of the Temporary Excess Water is available by diversion into City Ditch at Chatfield Reservoir, and pumping int:o McLellan Reservoir. Some of the Temporary Excess Water is or will be available by pumping or exchange trom the McBroom Ditch terminus to Englewood's Union Avenue torebay, from there by pumping into City Ditch, for exchange in the ditch upstream to the McLellan Reservoir pump station and some of t!ie Temporary Excesa Water is available tor divers i on at Un i on Avenue , pumping to C::.ty Ditch, and the foregoing exchange in the ditch upstream to the Mc:Lellan Reservoir pump station. Some of the Temporary Excess Water is decreed for direct flow ; some for direct flow or storage; and some must be augmented, pursuant to a plan tor augmentation. 3 ... J •· • 0 , • 0 • Centennial will pay all pumping ccsts for any pumping necessary to deliver to City Ditc:i Temporar.1 Excess Water derived from sources at or near Onion Avenue (including Bear Creek water). Englewood will pay all other pumping costs. Pumping costs will be reasona.bly calculated by Englewood, su.bject: to audit: and review by Centennial, will be billed monthly, and will be paid in full 3 o days f:-om date of Englewood invoice. If there is a dispute over pumping costs, it will be resolved by arbit:::-ation as hereafter provided; but Centennial shall pay in full, 30 days from invoice date, regardless of any dispute. Any amount refunded to Centennial will bear interest at 6% per annum from date paid until date refunded. If the Temporary Excess Water is augmented by Englewood, then Centennial shall pay for the full amount of water delivered. If the Temporar.r Excess Water is augmented by Centennial, then Centennial shall pay only for the amount of Temporarf Excess Water delivered which exceeds the augmentation water provided by Centennial . In addition to any applicable pumping costs, Cencennial shall pay $85 pe::-acre-foot of Tempora..ry Excess Wate::-delivered (su.bject to the adjustment for augmentation by Centennial which is above provided for). Englewood will bill monthly, and will be paid in full 30 days from date of invoice. Centennial is not obligated to take any Temporary Excess Water, and Englewood makes no war::-anty that Temporary Excess Wate::-will be available when requested by Centennial. Centennial shall have exclusive first r::.ahts to use any available Temporary Excess Water. - The pa..rties will work out a coope:::-ati ve procedure whereby Centennial notifies Englewood as far in advance as is readily practical , of how muc:!1 Temporary Excess Wate::-Centennial desires to take, in what quantities, and at what flow rates; in tur.i, Englewood shall notify Centennial as far in advance as is readily practical of hew much Temporary Excess Water Englewood has available for delivery to Centennial, in what quantities, and at what flow rates. Englewood will have the first right to provide any necessar1 augmentation water; if Englewood declines to provide augmentation water, than Centennial may provide same. Englewood will work out a coope::-ative delive::-y procedure with Centennial. When Cente.'lnial requests wate::-, Englewood will endeavor to advise promptly as to whether it anticipates the requested quantity and flow rate will be available, su.bject, of ccurse, to the 4 •. •· • 0 , - • • • • • vaqar:.es cf ::-:. •rer c:::nci::. t:.::.cns. C3ll.s, weac!ler, avai.la.ble e.~ge c::ipac:. cy , az:ci ot:l:er sue:.!: var _.u:les . s. 19 a;:w:@ crnmPD-:cs or m&JPP?P'! ns:zt:r:,;p. 7. Cancami.::.a.l ac;rses c.:iac i! ~~ c!ie ta_...,. of t:.:lis TampOr3rJ' ~i: c~cm:mia.l ac:n;:cs t::i c:::nceom:i any pr.:per:y o:f Englewcoc:.. i:lclucii.llg wi-:!lcuc limitaticn ( l l co:c.c:ac: r:.ght:s, (2 l euemencs or r:.g:cs-cf-way, and (3 l pr:percy i:l t!le aame of, er r:.ghcs co u.se c:ar=:.age apac:.::-J' cf, a:c.y mut:Ual. die==. c::mpany :..:i whic!l Engle-=od owns sbaras; wa..::.cll pr.:pe....-:y scught: t::i be c::I:dem:c.ec. is or may be u.sed. for c:.e c:a=:.ac;e or seorage of wace: by Englewcod. t.':len Ellgle11100d, ac it:s elec-=.::.on, may t:L"':lti.:lace eit:!ler or l:ot:!l t.':le Wacar Suppl:r Ag::'9eme:it: a:c.d. c=e "Waca: !.aase and Manac;emenc ~c·, cr:.~-=i.ally ent:e..-s<i i:lc::i be!:"'.,e--n Englewcod a:c.d oe C:.:-f of T!lc:r:1co:c., dat:eci. August: 3 , l.977 ( t::.e i:.ce:escs cf ~ C:.:-1 of T!lcr:1t:::c. llav: -q been c:o:c."Teye<i t:1 Cance ..... • al l:y mesne c:o:c.'7eyanc:es l Th;:.s Tempera:-/ Ag:'eement: sball ace ame:c., c:ot:.st::-.J.e or te~i:3 t.':le Wace: Supply ~emenc. Sy e::.ce::..:ig i:lco t.:li.s Tempora::-1 .lg:'ee!lle!lc, nei:~e: pa:-:-1 wa.::."Tes a:c.y r:.ghcs , or i.s re.leased f--m a.:c.y ol:ligac.::.cns, wb.ic:.!: .::.: may llave u:c.cie: t:!le Wacs:.-Supply Ag:'eeme::c. Neitlle: par:-f sall c:o:c.ceci 1:21: c=e ot:l:e: :.s gu.::.ley of laC!les er wa.::.ve: i:l en::r:::.ng i:s ::-:..ght:s unc:e: t!:e wace: Supply Ag:'eemenc because cf any ac:.::.o:c. wh.::.c::. u take:: or nee taken w:.cll nspec-= c: c:.e Wacs: Su;:ply ~t: while t!l.::.s Tn;:cra:7 ~c is i:l ef:!ec:: . F~u..-. ::: deliver Mc.c.t:hly SC2CU.le Wau: du::..:ig t:!le Tem;:cra:-f ~c shall ace l:e deemec t:::i be r.ic a fai.lu...... u:der c=- W&ce:-Supply ~c. T!:e period cu..._;..nq wh.::.c= t:.l:1:.s Tempcrar/ ~c i.s i:l e.f::e= ahall nee be c:::unt:ad in daca_...,.; :: • ::g whe!:ha: a.:c.y s:ac-:ite of l.imiuc.::.c::c.s applies co az:y bruc:::. or asse-""1:ec: bru.c!l of ~ W&ca: Supply Agreemem:. lleit!:a: par:-/ shall c::mne .. ce any ac:.::.c:n in any court: c:::c.ca_~ t!le Wace: Supply ~c wa..::.le C.:li.s Temporarf Aqneman: is in ef!ec':. lie:.~ par:-/ shall caJca any ac:1:ion co CL"":lli.::.ace or en!cr:e t!le lfacc Supply ~c while Cl:1i.s Tempera:-/ Aq:'99MnC i.s i:l ef!ec-:. I· nD PP &#MM I !i~QII 9l m, TPP911C lfPIPSM: · T!li.s Tempera:"/ Ag:'eeme.c.e shall become e.f!ec::ive on t:.!1a ____ J._s ... t ...... day of Ianuaz:._ , l.9~1, anc shall auc:ma.t:~c:aJ.ly te::ni..:&ce ac & enli of clle JI st day of Qerernber 2000 , unless scene: cer.!lJ.:1&C9d. u pr-r..ciec lle:ea.:f:e:. £.::.:!le: pa:::, uy t:er.ll:..:l.l.t:e ciii.s Tempcrar1 5 . . ,. - • • 0 I J--- - • • 0 • . Agreement on the date wru.cn is 90 days after the day when a written notice of termination is delivered to the other party. Upon ter.ni..11ation of this Temporary Agreement, the parties shall return to the Water Supply Agreement, consistent with the understanding contained in the preceding paragraph, unless the parties have entered into an amended water supply agreement or have replaced it with a new one. Except as provided below, any and all disputes arising under or related to this Agreement which cannot be resolved through negotiations between the parties shall be submitted to binding arbitration. If the pa~ies fail to reach a settlement of their dispute within fifteen (lS) days after the earliest date upon which one of the parties notified the other(s} of its desire to attempt to resolve the dispute, then the dispute shall be promptly submitted to arbitration by a single ar:itrator through the Judicial Arbiter Group, any successor of the Judicial Ar:iiter Group, or any similar arbitration provider who can provide a former judge to conduce such arbitration if JAG is no longer in existence (•JAG") . The arbiter shall be selected by JAG on the basis, if possible, of his or her expertise in the subject matter(s) of the dispute . The decision of the arbitrator shall be final, nonappealable and binding upon the parties, and it may be entered in any couri: of competent jurisdiction. The arbitration shall take place in the offices of t!le JAG. The arbitrator shall be bound by the laws of the State of Colorado applicable to the issues involved in the arbitration and all Colorado rules relating to the admissibility of evidence, including, without limitation, all relevant privileges and the attorney work product doctrine. All discovery shall be completed in accordance with the time limitations prescribed in the Colorado rules of civil procedure, unless othenrise agreed by the parties or ordered by the arbitrator on the basis of strict necessity adequately demonstrated by the party requesting an extension of time. The arl:)itrator shall have the power to grant equitable relief where applicable under Colorado law, and shall be entitled to make an award of punitive damages when applicable under Colorado law. The arbitrator shall issue a written opinion setting forth his or her decision and the reasons therefor within thirty (30) days after the arbitration proceeding is concluded. The obligation of the parties to submit any dispute arising under or related to this Agreement to arbitration as provided in this Section shall survive the expiration or earlier termination of this Agreement . Notwithstanding the foregoing , either party may seek and obtain an injunction or other appropriate relief from 6 - "' - • •· • 0 '32xl • • • <. a c:curt ta preserve or protect trademarks, t..-aden•mes, c:opyrights, patents, trade secrets er other int•lle~ual property er proprietary :information. er ta preserve the status quo with respect to any matter p•nd1 ng c:cnclusion. of the arbitracion. proceeding, but no such applic:ation. ta a ccurt •ball in any -Y be penaitted to atay or othe:wise impede the prcgresa of the arbitration. proc:eeding. In the evant of any arbitration. or litigation. being filed or instituted betwaen the parti•• c:oncuning this Agreement, the prevailing party will be entitled ta receive from the ether par1:y or parti•• its attcrneya' fee•, witne•• fees, ccats and expenses, ccurt coats and other reasonable expenses, whether er net such c:ontraversy, claim or action is prosecuted ta judgment or other fc:rm cf relief. CITY OF ENGLEWOOD By _______________ _ ATTEST: Cl&IBii&IAL WATER JUID SUITATION DISTllICT By _______________ _ ATl'BST: 7 ' . .. • , . , • 0 - • • OIIDINANCB NO. _ SERIF.$ OF 1997/1998 ' ,. • • • BY AUTHORITY t~ OOUKaL BILL NO. lM INTRODUCED BY COUNCIL MEMBER WAGGONER AN ORDINANCE EXTENDING THE TEMPORARY SUSPENSION OR MORATORIUM PERTAINING TO THE ISSUANCE OF PERMITS AND THE GRANTING OF LICENSES FOR THE PROPERTY LOCATED BETWEEN YALE ON THE NORTH, DELAWARE ON THE EAST, SANTA FE ON THE WEST AND DARTMOUTH ON THE SOUTH. WHEREAS, the Englewood City Council established a temporary suspension or moratorium on the issuance of permits and the granting of licenses for the property located between Yale on the North, Delaware on the East, Santa Fe on the West and Dartmouth on the South, for a period of June 22, 1997 through February 5, 1998; and WHEREAS, an additional extension of five months will give staff more time to review and complete the zoning impact including a review of this matter by the Planning and Zoning CommiBBion; and WHEREAS, the current zoning for the property located between Yale on the North, Delaware on the East, Santa Fe on the West and Dartmouth on the South, ("property") a description of which is attached as Exhibit 1, ia antiquated and needs to be updated; and WHEREAS, the City Council desires staff to pursue environmental concerns as well as funding for remediation of any environmental hazarda; and WHEREAS, staff will need sufficient time to review and work through the posaible rezoning of the "property" and environmental concerns; and WHEREAS, the Englewood City Council deems it necessary to coordinate the review of the rezoning and environmental research of the "property" and finds it appropriate to cease permitting and the granting of licenses until the review and revised zoning has moved through the planning and zoning process; and WHEREAS, the reviaions to the zoning will help to protect the public health, safety and welfare within the City's zoning limits; and WHEREAS, in order for the City to comply with arguments made in Or 1.jmjtecf YI Cjty of En&Jewood, Case No . A86CV1243, the moratorium or temporary auapenaion must apply to all permits and licenses; and WHEREAS, there are pending items such as a building permit by a buaineu that obtained a conditional use and another property owner which wiahes to obtain building permits for above-ground fuel tanb, which conatruction wu also approved by the Planning and Zoning Commission and other aimilarly aituated building permit iHues; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO. -1- ... - \~b\V •· • 0 , • • • .. Sa;tigp 1. The Englewood City Council desires to continue a temporary auapenaion or moratorium on the iauance of permit.a and the granting of licenaN aa to tbe induatrially zoned portiODII of the "pa ope. ty" deec:ribed in Exhibit 1. Sa;tigp 2. The Englewood City Council directa City staff to develop appropriate recommendations to Council, to be conaiatent with this Ordinance for the "property" deec:ribed in Emibit 1 and to provide recommendations aa to the environmental remediation and zoning of auch property. Sec;tigp 3. The Englewood City Council find.I the proviaiona of this Ordinance are temporary in nature and are intended to be replaced by aubaequent legislative enactment. The moratorium created by this Ordinance aball nm from February 5, 1998 through July 13, 1998. Any Conditional U1e in t.be proceu prior to o-mber 15, 1997 will continue to final approval and thoae aball be eumpt from the morat.orium. Introduced, read in full, amended and paaed on first reading on the 15th day of December, 1997. Publiahecl aa a Bill for an Ordinance aa amended on the 19th day of December, 1997 . Read by title and puled OD final reading on the 5th day of January, 1998. Publiabed by title 81 Ordinance No . _ Series of 1997/1998, on the 9th day of January, 1998. Thomas J. Burm, Mayor ATTEST: Loucriahia A. Ellia, City Clerk I, Loucriahia A. Ellia, City Clerk of the City of Eqlewood, Colondo, ba-eby certify that the above and foregoing ia a true copy of tbe Ordinance puaed on final reading and publiahed by title aa Ordinance No. _ Series of 1997/1998. Loucriabia A. E1lia -2- 11 - ., • • 0 • ]- • '· . . . ' . . .... ............ ___. ......................... __ , __ _ I I I II I I I II II II II ·1 I I I I I I 111 I I I I I I II II I I I I IIIIIIIIIIIIHlll ll 11111111 llll lllllllllli! IIIIIII IIII I ! I II II 11 II 111 I I H . 11 111111 I 111111111111 I I I i 111111111 11 i 11111 111 i !11111111111 I ll !IIIIIIIIJIJlll illllllll JIi i= ll lllli l li l I I 1111111111 1111111111111 / I 111111111 11 I 11111111111 111111 1 i 111 1 I 11 II 11111 I II 11111 II I H 11111111111 111111 I 1111 11111 111111 · 111111111111 111111 I I I! I I I I! I I I I I I I I I I I 11 111111111 I 1111111111 --4 I II 11111 I I II II II l 11 I 1111 j I II I II I II I I I ~ . .i.1 J I I I I I I . 11 IIH:J IIH 1111111111 lllllllf 11111111 II II l... :1 I I I ... I 111. I I I II II I I I 11111111 I 111 ..L 11111111111 • -· 111111 1111 1-11111111111 1111111 111 I -Ellllilll 11111 ---------111 1111 I 111 I ' 111 _ • ~~~ ,,i,,,1n r--i--r-.::::: ----....__ s ~ I · 1 h II -· ' -. .. • . ., ' . . ' • • 0 I J- • • BY AUTHORITY IIU, MO. 108 itJCED BY COUNCIL MEMBER WAGGONER AN ORDINANCE AUTHORIZING AN EXTENSION FOR 1998-1999 OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE UNITED STATES DEPARTMENT OF THE TREASURY BUREAU OF ALCOHOL, TOBACCO AND FIREARMS AND THE CITY OF ENGLEWOOD FOR THE IMPLEMENTATION AND CONTINUING OPERATION OF THE GANG PREVENTION TASK FORCE KNOWN AS GANG RESISTANCE EDUCATION AND TRAINING (G.R.E.A.T.) PROGRAM IN BOTH PUBLIC AND PRIVATE SCHOOLS IN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood City Council approved the GREAT Grant Acr-ment by the paaaage of Ordinance No. 53 on July 7, 1997; and WHEREAS, tbia Grant provides up to $10,000 for tbe option period extendiq from July 1, 1998 throucb June 30, 1999; and WHEREAS, all other c:oaperati,re 1111"• • ,at taiDa and CODditiona will the same; NOW, THEREFORE , BE IT oaDADID> BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLOL\DO , AS POU.OWS : Ses;tigp 1. 11le 111d ,i fll.,. int po.-w • natal •••a mt for the period of July 1, 1998 tbroup .,_ 30, 1111 ........ 1.W ..._ o.w-w oftbe Treuury, 8urNu of Alcallal, ,..._ _. ,.._._ _. die City of En,lewoocl for the implementatiaD and..,,,,,.._, .. Six a(dlePIII ....-tion taak force known u Gan, leaietum MwatiaD _. TniDiac (G.&.E.A.T.) Prop-am in both public and pmate .._.. ill die City fll-.., wood, Calando, a copy of wbic:h ia marked u "Emibit A" aad llltt.llcb.t banto, ia .__, apprcmid by Eqlewood City Council. Soc;tigp 2 . 11le City Manapr aad City Ca.tt are berebJ a~ to mp and attest said Extenaion Acr-t on behalf of tbe City of Eapewood. Introduced, read in full, and puNd on 6nt readinr on tbe 15th day of December, 1997. -l - ,,_ . ' ·- • • • 0 • • • .. Published 88 a Bill for an Ordinance on the 19th day of December, 1997. Read by title and pused on final reading on the 5th day of January, 1998. Publiahed by title 88 Ordinance No . _, Series of 1997/1998, oo the 9th day of January, 1998. Thomu J. Bums, Mayor ATTEST : Loucrishia A. Ellia, City Clerk I, Loucriahia A. Ellia, City Clerk of the City of EncJewoocl, Colorado, hereby certify that the above and foreaoinl ia a true copy of the Ordinance puNd on final reading and publiahed by title u Ordinance No . _, Seriea of 1997/1998. -2- ~~·-----~--- ,, - ' . . ' • ,, • • 0 f __ I - • • 0 I• • DEPARTMENT OF THE TREASURY BUREAU OF ALCOHOL . TOBACCO ANO FIREARMS WASHINGTON . O .C . ZOZZ6 City of Englewood, Colorado Cooperative Agreement No. 97288204 Modification One This modification is issued as follows: l. Change government representatives in paragraph 16 as follows: a. The Cooperative Agreement Officer is the Chief, Acquisition and Property Management Division located at 650 Massachusetts Avenue, NW, Room 3290, Washington, DC 20226, phone number (202) 927-8820. b. The Government Technical Representative is Pete Merenyi on (202) 565-4560. Mr. Merenyi is located at the G.R.E.A.T. Program Branch, 800 K Street, NW, Suite 750, Washington, DC 20001. 2. Extend the term of the above cooperative agreement for the period July l, 1998 through June 30, 1999. The City of Englewood, Colorado has been allocated $10 ,000 to continue the G .R.E.A.T . program during this option period. Each request for reimbursement must include document control number 98429083 on all invoi.ces for payment durin_g the term of this option period. • X .. I • I T A. . . .. •· • 0 r ~ I ]- - • • • • ,, Cooperative Agreement No. 97288204 City of Englewood. Colorado 3. Salary expenses (regular and overtime) shall not exceed 700/o of total amount allocated under this agreement. 4. All other cooperative agreement terms and conditions remain the same. LOCAL GOVERNMENTs signature A TFS COOPERATIVE AGREEMENT OFFICER's signature Date Date ,. - • . .. • • 0 I ~" I • ·, '· • • • BY AUTHORITY IIU.NO. IOI ODUCED BY COUNCIL MEMBER WAGGONER AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF COPS MORE 96 GRANT FROM THE UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF COMMUNITY ORIENTED POLICING SERVICES. WHEREAS, because of previous police oriented grants awarded to the City from the Department of Jwitice over the 1ut two yean the Englewood Safety Services Department was offered the opportunity to apply for a COPS MORE 96 Grant; and WHEREAS, the U.S. Department of Justice -Office Of Community Oriented Policing Services has awarded the Englewood Safety Services Department the COPS MORE 96 Grant in the amount of $18,375; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: $ectigp 1. The City Council of the City of Englewood, Colorado hereby authoriw the acceptance of the COPS MORE 96 Grant, a copy of which ia marked as "Emibit A· and attached hereto. $ectigp 2. The City Manager and City Clerk are hereby authorized to sip and atteat aaid htenaion Agreement CID behalf of the City of Englewood. Introduced, read in full, and puaed CID tint readin, CID the 15th clay of December, 1997. Publiabed u a Bill for an Ordinance CID the 19th clay of December, 1997. Read by title and puaed OD flDal l"Nllias CID the 5th clay of January, 1998. Publiabed by title u Ordinance No. _, S.-of 1997/1998, CID the 9th clay of January, 1998. Thomas J . Burm, Mayor ATTEST : Louc:riahia A. Ellia, City Clerk -1- . , • • 0 , I -• ... • • <. I, Louc:riabia A. Ellia, City Clerk of the City of Enclewood. Colorado, hereby certify that the above and foregoing ii a true copy of the Orduwu:e puaed on final readiq and publiahed by title u Orduwu:e No. _, Seri• of 1997/1998. -2· • ·. .. ' ' • . _,.. " . .. • • ' 0 , - •- • • • <. COPS MORE96AWARD U.S. DEPARTMENT OF JUSTICE OFFICE OF COMA/UNITY ORIENTED POLICING SERVICES Graat #: 97C:\!WX0367 ORI#: C000301 Veaclor #: M600l5l3 Applicaat Orpaizlltloa's Lqal Name: Eqlewood Depanmnt orSarecy Services Autborized Official Name: City Maupr Doas Clark Contact Name: Mr. Chris Olson 361 S South Elati Street Englewood. CO IOI 10 Phone Number: (303)762-2435 Fax Number: (303)762-2491 Award AmoHt: S11,J75.00 Namber or Redeployed Offlan: 0.7 Clvlliu l'enNael Award: SO.II N•mber orllelhployed Offlan: I Eq•ipmnl/T edtlNIIDr Awanl: Sll.375.0t N••ber of Redeployed Offlan: t. 7 JoocpllE.e o,- ·~ ............... ...,,_, ofllcial is .......... ll)'dltC.,,,._oC'O.-A...i ;z:.;:z:..z,,/C& cY---s;...-ofOfficaal -• ..-...y io--,. dlis ... - Charles Esterly T:,,all ~ ...i r111o olOfflall 7 /8 /97 !l ' ' .. • . • • 0 , J - • • • ' '· BY AUTHORITY ,. ltJ bv11 QiJOlfCII.BILLMO. 110 -ffl't'RODUCED BY COUNCIL MEMBER WAGGONER AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF LOCAL LAW ENFORCEMENT BLOCK GRANT (LLEBG) FROM THE UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, BUREAU OF JUSTICE ASSISTANCE. WHEREAS, the City of Englewood Safety Service Department applied for funding under the Local Law Enforcement Block Grants (LLEBG) Program; and WHEREAS, the U.S. Department of Justice • Office Of Justice Programs -Bureau of Justice Assistance has awarded the Englewood Safety Services Department the Local Law Enforcement Block Grant in the amount of$47,284; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Seg;tiop 1. The City Council of the City of Englewood, Colorado hereby authorizes the acceptance of the Local Law Enforcement Block Grant, a copy of which ia marked as "Exhibit A" and attached hereto. Seg;tigp 2. The City Manapr and City Clerk are hereby autboriwl to sip and atteet Aid Extension Agreement on behalf of the City of Eqlewoocl. Introduced, read in full, and paaed on tint reading on the 15th day ofO.-ber-, 1997 . Publiabed u a Bill for an Ordinance on the 19th day of December-, 1997. Read by title and paaed 1111 final readinc on the 5th day of January, 1998. Publiabed by title u Ordinance No. ~ Seriel of 1997/1998, on the 9th day of January, 1998. Thomas J . Burna, Mayor ATTEST : Loucriahia A. Ellia, City Clerk -1- . . , ' • ~ .. • 0 I )- - • • • . (, I, Loucriahia A. Ellia, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing ia a true copy of the Ordinance paaaed on final reading and published by title u Ordinance No . _, Series ® 1997/1998. Low:riahia A. Ellis -2- ------~ • . ' .. • • 0 l . I • Nov-24-9 7 01: l4P ~ 1•11 v Ir · l~jl l;.!I>. OCl'AUMt:1'TOF ll !Sl'ICI: <>HlC.. t OF J~Tlrt; ..aooa.,M!I • • • • • ••• UJP J X 011\ J , 01)0, AWARD l~I rnu .... r P'ACil-: I OF I, . ~ 11r.a 1 1..u L.~ I . GIIA.'l!ffl' N"IMt, ANO .\OOaf~~ t 1 ......... Lip C-1 C',cyOilt .......... I 1 C'OOl'!AArlVt.M.&[l:MOIT ,--l:l•S~"' . -1, I\W,\AD Nl,MIICa. ,. MQl[CT na1uu· tllUM ! Dl'DCl:T l't'IUIU >W)lol IGIQl~7 IO -.. .....,.. .. 01111110 llll01"'7 TO ,_ ' l A 1illAlol1'1!t la.'IIVt'Nl.1011 NO · •. I\WMU)IMrE 9!1r~1 I 7 "l"Tiiii 12. ~llllillNITU l'!Alllt -NU AU0WSl1n<1 ...... /.~ C..«l r--M-• lllilill i I j lA 'Jt'*;itA.'1/TtE 111'1/V~NIJIJll NO. J PIIOll:C.. TTITU local I -laft"""""'"' """'~ t,r_ .....,_ · >-Y lWl ! 9 PIU:VIOU~AWAIWAMOIINT IU. NIC()U!,IT OF nus AW,\IW t· .. nrrA,.A,..AAD [] 'I OS I• I TtW' .. IIIIVHollNl11'110ltCTl'I .. -IVWSl1DJ[CT10~~-NC..lJNUl110NSOllUMITAT10NliASAIU, )(T l'OATll Otl TMt A 1·1 AUlf:D ' l'M.il'S IJ. ~(AT\ITOIIY Alfl IIUIUTY rOll 1;11,\ST I TITIF l<lt IIILU-USC'a-11 .. lllOLA)ll)utl''lllla.i:t~.U:TOf ,_. ~ L' s.c .. 1701 . fl ... CJ ,~ 4M[N0£0 Tint.: tit me ruvaon F 11,,nu, ,V-:OD£l 1N11l1tM., 1'111.'VOITION M'Tt• ,.,,. Qlll>l: ~-I Cl ~f.t).ASA-!'IOEI> I• fl;'Tl .. t . t~AL '""" .. ""'""*r Sl'l11NU Y~ ll,111it r PHIIJU: 1,. AWII" I (11 ""'°'" ~yt,\lri .. 'lllol.1 l'CJUOO .U40U!IIT t It ~ l N1J!, 11t.n1CDc)f PA\' ... I mr c;11 \I\.IH Wit I IU.([IVC l'.\~Nvt, A 1.(TI[ll(lf('lll'IU nft l)f' FIJNl>!I ·a,NTH• .. c..m.v;,-, I ·d I .. .~ .... ,. ,,...,,, \l 11,. l'Tl'l:l>'-,\lft A',1111111. llf ~1'111,IIIPlltflC'IAL ,...,.. , ('k._ UIR\.M II T'tfl'fl-. AMI ITIU Of .\111 .. IIIUO)\llliONIH llttlLL\l. -vii-•- Cay Sun Ci.cy~ 1 ... "' [)ATI' I I I ,7i .,,,, 1 ' -I I • X H I • I T A •, .. • • 0 , I - ] Q9DIRAMCII IIO. - S!RIES OF 1997/1998 • • • BY AUTHORITY , . !Jbui,i OIUIKII. IIILL MO. 111 INTRODUCED BY COUNCIL MEMBER WAGGONER AN ORDINANCE APPROVING SUPPLEMENT NO . 134 TO THE SOUTHGATE SANITATION DISTRICT CONNECTOR'S AGREEMENT WITH THE CITY OF ENGLEWOOD, COLORADO FOR THE INCLUSION OF LAND WITHIN THE DISTRICT BOUNDARIES. WHEREAS, Southgate Sanitation District recommends the inclusion of appro:nmately 0 .85 acres into the District; and WHEREAS, said inclusion is located near Quebec and South Newport Street in Greenwood Village and the zoning of this property is single family residence and residential R 2.5 zoning which is the intended use of the property; and WHEREAS, said anneution of this additional parcel of land will not increase the tap allocation to the Southgate Sanitation Diatrict; and WHEREAS, the Englewood Water and Sewer Board recommended approval of Supplement No . 134 to the Southgate Sanitation District at the November 18, 1997 meeting; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS: Sectiop 1. The Agreement between the City al Englewood and Southgate Sanitation District entitled MSupplement No . 134, to Connector', Agreement•, which includea appro:lrimately 0 .85 ac:ree located near Quebec and South Newport Street in Greenwood Village ia hereby accepted and approved by the Englewood City Council. A copy of 1aid Agreement ia attached hereto u "Exhibit 1• and incorporated herein by reference . Sectiop 2 . The Mayor and City Clerk are hereby authorized to sign and atteat, res pectively, the aaid Agreement for and on behalf of the City Council and the City of Englewood , Colorado. Introduced, read in full , and puaed on tint reading on the 15th day of December, 1997 . -I - • . • • 0 , ]- • • • .. Published 88 a Bill for an Ordinance on the 19th day of December, 1997. Read by title and paued OD final reading OD the 5th day of January, 1998 . Publi.ahecl by title 88 Ordinance No . _, Series of 1997/1998, OD the 9th day of January, 1998. Thomu J . Burm, Mayor ATTEST : Loucriabia A. Ellia, City Clerk I, Loucriabia A. Ellia, City Clerk of the City of Engl-oocl, Colorado, hereby certify that the above and foregoing ia a true copy of the Ordinance paued cm final readinc and publiahecl by title u Ordinance No. __, Series of 1997/1998. -2- . ' .. • . • • 0 , ':l"J "\( I - • • • • ·, • <. SUPPLEMENT NO. 1J.!L TO CONNECTOR'S AGUEMENT TBJS AGlllZMIEl'n'. madl! 11111 aared m by ad .,._ die CITY 01' ENGLEWOOD. aaias by 111d dlraup ill clllly aallalimd Mayor 11111 City Clerk. mnilllftllr Cllled die "Clly," 11111 SOlll'IIGA'l'B SANTl'AffON DISl'IIICT. Anpaboe 111110ouam o.m.. Colanda. lmeimftlr called dis "Dllrric&,. WBDEAS. oa lbe 20dl day of 1-. 1961 . • Cily ad die Dillric:t aand illD aa A.-ia wllicb die City Ill-' 10 --.e ariaillml frml die Dilll'ic:l's ...., -s,-widlia die -~ by die Dillricl. wadi A.----~ ~ by C-'s ~dalt N4Mlllllllr 16. 1•; ad WBKa&AS. said C-'s ~ prcmlll ma die dlmicl-, -..... ill mnz-willllllll die~ -atdle City: NOW, TIIDDOllL ia cumidaaiuu of die IWI-ad ......... ..._ • bdl. ma paliel 1111W a lbllawl: 1. The Caty lanby ~ 10 die iaclaliae of cenaia addilioall -lacad ill Allpllboe a-,, Colorado . owned by Eric S. Y..-. ad Robin B. ltallky Yaepr 111d more lldly dlll:ribad oa .EllilliU aaa:md lm8D 111d ilwww1Maid 1lll'eia by reflnm:e. iaJ S.,...... Smim1iDa DilaiCl. The City apms dial said adlllliiml -_, be ~ widl die -fal:ilililll of die DilaiCl. 11111 dial die C1ty wiU -die --ae dildlupd m die city 's Ila 1iae frml said lddilaal -. all in ECOldaa:e wa die C-'s ApW dmd NCllmlber 16. 19111 . Aa:ardlllslY , Exllibil A rderred 10 ill l'll1llnl* 1 ofdle c-·s A.-dad N~ 16. 1911. is lanby 111111111d ID illclmte SIICb addltiona1 ua. 2. Each 11111-, odm pn,Yisioa of die aid C-'s ~ dlled NCllmlber 16, 1988. sbal1 n:maia IIIEblapd. IN wrffiESS WIIDBOI'. die panies baft • a1ir 1a11111 11111 .u dlil day of -------· 19_. -- CITY OI' D1GUWOOD By :_..,.MA,,_,YCJa=,------- ATTl!ST : (SEAL) ATrBI': '#f--~ Swww t L S.:SW, (SEAL) ..,,, ......... E X H I B I T l ' ' .. • . ' • . • 0 I -• . .. • <, EXBIBlT A Lot 1, Bloct ,. Habold Acres. CaaalJ al Arlplboe. SC. of Colorado, also m,wn a 11111 wmbend 5690 S. Newport SU.. E.upewood, CO 80111. ~S7UI ------- ' ' •. • • 0 '-I "' . 0 .. - ') •i-s~~e.t ·; (\JW I I (J) t ~ -i ~ -J_ .... -- • • I 0 0 • - • • aDDIANCS NO._ S2RIES OF 1997/1998 • • • (. BY AUTHORITY /() b ·~ 1111.LNO. 112 ODUCED BY COUNCIL MEMBER WAGGONER AN ORDINANCE APPROVING SUPPLEMENT NO . 135 TO THE SOUTHGATE SANITATION DISTRICT CONNECTOR'S AGREEMENT WITH THE CITY OF ENGLEWOOD , COLORADO FOR THE INCLUSION OF LAND . WITHIN THE DISTRICT BOUNDARIES . WHEREAS, Southgate Sanitation District recommends the inclusion of approximately 1.177 4 acres into the District; and WHEREAS, said inclusion is located near Quebec and South Altair Drive in the Lone Tree Town Center Greenwood Village and the zoning of this property is commercial zoning and the intended use of the property is for a retail center; 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 . 135 to the Southgate Sanitation District at the November 18, 1997 meeting; NOW, THEREFORE, BE lT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Ses;tion 1. The Agreement between the City of Englewood and Southgate Sanitation District entitled "Supplement No . 135, to Connector'• Agreement•, which includea approximately 1.177 4 acres located near Quebec and South Altair Drive in the Lone Tree Town Center Greenwood Villqe ia hereby aa:epted and approved by the Englewood City Council . A copy of aaid Ap.m-t ia attached hereto u "Emibit 1 • and incorporated herein by reference. Section 2. The Mayor and City Clerk are hereby authorized to aip and attest, respectively, the said Agreement for and on behalf of the City Council and the City of Englewood , Colorado . Introduced, read in full , and puaed on tint reading on the 15th day of December , 1997. • I - ' . • . , • 0 l • ]- • • · .. • <. Published u a Bill for an Ordinance on the 19th day of December, 1997. Read by title and puaed on final reading on the 5th day of January, 1998. Publiahed by title u Ordinance No. _, Series of 1997/1998, 1111 the 9th day of January, 1998. Tbomu J . Buma, Mayor ATTEST : Loucriabia A. Ellia, City Clerk I, Loucriahia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the abaft and fonpinc ia a true copy of the Ordmanc:e paued on final reading and publiabed by title u Ordinance No. _, Seriea of 1997/1998. Loucriabia A. EUia -2- --------- . , • . .. • • 0 f __ .. I • to • t• • ' (. SUPP1..EaNT NO. ~ TO CCf&ECTOR S AGREEMENT ntlS AGREEIENT, l'*9 and.-. ir*> by and ba1wW1 the CITY CF ENGIJ!WOOD, acling by and lffllUlll1 ila duly aultlariad Mayor and City Clenl. l•lli,aftlr Clled the "City," and SCUTHGA1E UNTA11CN DISTRICT.~ and Dougla CounliN. Cdorado. taaiilftll Clllld .. "Dlatric:t.. wmtESSETH: WHBMAS. on the 2011 cay al June. 1981 . t11e City and the OillriCt .... irm an "9w1•• in wndl .. Cly.,_ ID_. -weae Oligi.-ig flam .. Dlllrid'S ......, --.,..,. willlin .... --by .. Ollaid. whic:11 ....... -fflllll,...., .__.by~·-··· c-.s Nuvaiibll 11, 1•: and •• rus ... cama:mn "+•·•• p;uwidll • 111e cMiet-, nat ..-ve ----.. willllUI ....... CDMn al ltle Cly; NOW, TI EE OM. in c:o.zids llllilll, al ltle mulUII co.a-and ........ -... --.-........ fartl ............ falawa: 1. The Cly ,__~ID the indulial'I al cartain addillonll .. lacaad in Dougla Ccu,ty, Calarada. OM* by......,....., ....... LLC and mm Ur dacrtled on Eiitibil A lllac:had t--, and iwwwpca..S IW9in by !llfnra, irm Sauliglla Senillllal't Dillncl. The City .... lhlll said addlllonll .. may.,. .................. al the Oilllict. and thlt .. City wil Ira ltle .... dlect•ged irm .. Cly's INnl line f:am said addlllon8I ..... in WWWdliiCI will the Comeclar'I "9w1•.t dllad Nuril,ibll 11, 1918. Aceo:dlngly, EJlhibit A ,...._ ID in Paag. •• 1 al Iha Comeclar'I ~ C-.S Nc,vaiibel 11, 11118. is,__~ 1D indud9 such lddllionll ... 2. Each and _., olta' pnMlion of the said Ca,1iiidDl'I Agr..-,t daad Nuril1ibll 11. 1911, 111111 iWlllin wlti'IWIQICI. II WITNISS 'M __,,, .. P1D1ia1 '-•!hair IWldl and NIii ___ cayaf_ 19_. ATTEST: By:.,,.,,.,,,..,,..,......----- -YOII IOUTHGAff WTATION DIIIFIIKT, AIWW«JE,_ DOUGUI COUNTB. CCLOIUDO By:~,~,Au?f:: PMSfDl!NT -~_.. ,,,_ E X H I B I T 1 .. • . . ' • 0 ]- • • · .. • EXHIBIT A lDclusim Description Lolsl&3 A pan:el aflal b1i11s a ponima Lot l at Lot 3, balh of Lea T• Town Ceaa:r. locaaal in die !all Half of SIClila 5 al die Ncadnw:ll Qual1II' of Sec:liaD 4, balh ofTawmbip 6 Saada. llalllD 67 w-. afda Sil1la PriDl:ipal Mlridila. City afl.la Tree. Com&y af'Doapl. Slalll r:4 CokndD. -. -jMllicalldy dllll:ribld. tbllowl: 'I1le baliap .. i-1 ca da !as liDe af Secam 5, TO'lllllllill 6 Soadl. laDF 67 w-. a z 1 by a lllls widl red plat* cap.(uaradlble) • die il6 clim of Slid Eut liae at die Wllllllly liDe afl.at 3, Lia T• Town Ceaa:r, 11111 a l.!l" llumimun cap at die East Qual1II' Coner af Slid Seclilm 5, ...-1 ID bar Saum 00"30'2r Eut. !kc. •inc at die Eut Qual1II' Coner of Slid Secaoa s; 1bmcc Nonh IM6'3 l • Wm, 30l.10 feet, akma die saulberty liDe of Lot l, Slid Lia Tree Town Ceaa:r, ID die DINl'lffi'l)' ripl«-way of Quebec Stra=e; 1bmcc Ull'I Slid mudmt!rriy ripl«-way 11111 die an: of a iMJitoCIIIFl1 CUl'YC ID die left. bavina a radius of 1060.00 &et, a cmnl aap of26"54'04•, a arc lqdl of 497.61 &iar. wlae chord bean Ncii1h 31"01'04• East, 493.12 feet. ID dm .-fy liDe of said Secaoa 5; 1bmcc South 00"30'2r East. 395.37 &et. akma Slid eaarl)' liDe ID die Paint ofBeaionina 'I1le above delClibed parcel c:araias 51211 ll(U&n &ml (1.1774 arm) more or less. WSSI Job 19512. For at ca Balf' of WESTERN STATES SUllVEYlNG, INC . 19029 E PIia Dme. Suile 252 Parm. co 80134 Oyde J. Bice t PLS 23032 ------ ~- • I ' • . ... • • 0 1 __ . I - - • 0 I• NE 1/4 SECTION 5 le = ·26 •54 '04" R = 1060.00' L = 497.68' CO = N3~08'04 "E LC = 493.12' ,, / • EXHIBIT / I .1 • N89"28' 34 E NW 1/4 S.ECTION 4 LOT 3 LOT 1 311.00' 3 • re N ~ 0 z 3 I ca N ~ 0 z .. LOT 4 LOT 2 308.10' N8~36'31•w EAST1/4 1 SEC 5, TIS. 1111W GYBYE c, C2 ~~ I QELJA BACIYS 24·20· 15• 1060.00· z33•47• 1060.00· 1 CT44'29• 1050.00' NOT!; ARC I Qt(jTH 450.26' 47.42' 196.85' MS OOES NOT REPMSENT A MONUMENTtD SUR\,€Y. IT IS INTtNOED ONLY TO DEPICT TH[ ATTM:HED OESCRPTl()N. O 100 200 ----- I I I \ :O~ 1• • 100· ,... Z of Z p ALTAIR DRIVE CONTMNS: 51 1.1774 -==) SOUTHGATE WATER OISTRICT INCLUSION AREA -LOTS t I: 3 LONE TREE TOWN CENTER SEC 4 I: !, TIS. RIIW . ' •· • 0 f n ~ I ~MO._ ~ OF 1997/1998 . . • • • BY AUTHORITY ---·----• au.M0.118 INTRODUCED BY COUNCIL MEMBER WAGGONER AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WHICH ACCEPTS AN ASSIGNMENT FROM THE HUDSON FOUNDATION TO SOUTH SUBURBAN PARK AND RECREATION DISTRICT, WHICH INCLUDES A CONSENT TO ASSIGNMENT AGREEMENT BY THE CITY AND COUNTY OF DENVER, BOARD OF WATER COMMISSIONERS AND THE CITY OF ENGLEWOOD, COLORADO PERTAINING TO CITY DITCH WATER RIGHTS. WHEREAS, certain City Ditcli water rights are owned by the King C . and Evelyn Leigh Hudson Foundation for the purpose of providing water for landscaping and a greenhouse at Hudson Gardens; and WHEREAS, the Hudson Gardens property is being transferred to the South Suburban Park and Recreation District; and WHEREAS, with the passage of this Ordinance the Assignment Agreement which includes a Consent To Assignment Agreement by the Denver Board of Water Commissioners and the City of Englewood would transfer the City Ditcli water rights from the Hudson Foundation to South Suburban Park and Recreation District while maintaining the Foundation's current agreement with the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Sec;tigp 1. The Intergovernmental A,n,ement, which includea an acceptance of Aaaipment from the Hudson Foundation to South Suburban Park and Recreation District, by the City and County of Denver-Board of Water Commiaionen and the City of Enclewood which pertaina to City Ditch water ripta and liceme agreements for gate placement, attached hereto as "Exhibit l," ia hereby accepted and approved by the Englewood City Council . Sec;tiop 2. The Mayor is authorized to eucute and the City Clerk to attest and seal the Consent To Assignment Agreement for and on behalf of the City of Englewood, Colorado. Introduced, read in full, and paaaed on first reading on the 15th day of December, 1997. -1- ----------' • . .. • • 0 -• ;, • C• • ., <, Published u a Bill for an Ordinance on the 19th day of December, 1997. Read by title and puaed OD final reading on the 5th day of January, 1998. Published by title u Ordinance No. _, Series of 1997/1998, OD the 9th day of January, 1998. Thomas J. Burm, Mayor ATTEST: Loucriahia A. Ellis, City Clerk I, Loucrishia A. Ellia, City Clerk of the City of En,lewood, Colorado, hereby certify that the above and foregoing ia a true copy of the Ordinance puaed on final reading and published by title u Ordinance No. _, Series of 1997/1998. Loucrilhia A. Ellia -2- "' - ' , • .. .. • • 0 , .,~VI -• ,,,_ - .. THIS ASSIGNMENT made rim .Rf/-;# day of November, 1997. by and between KING C. HUDSON AND EVELYN LEIGH HUDSON FOUNDATION. INC., a Colorado corpomim ("Grammj ml SOUTH SUBUBBAN PARK AND RECREATION DISTRlCT, a quasi-amllicpa1 cm:pmalioll ml polmcal SDbdivisiaa of die Sale of Colorado. 6631 Soadl Uuivasity BouleYud. I ialemn. Co1ondo ("Gramee"). WITNESSETH. um GnmDr Im sokl. cmveyed ml lnillfeued cemm ral paoperry dacribed oa Eabibit A a1IICbed lm'IIID ml iDrmpanl8d hereiD by dlil tdetence (•Pt:cpe.ty} ID Graw. ml wilbll ID mip ml nmilr' ID Gtamllle my ml an cumnaaa1 rips relued m die ue of me Ptupcny, iDr:bPtina cenam c:uairKA mr die use ml deliwry of wamr to die Property. NOW. THEREFORE. ill comiderltim ofTm Dollm ($10.00) 11111 odlm' &ood 1111 va1Dable comidaaliou. die teceipt ml mffi. imc y of wbich is baeby ackmwledpd. Gimlror Jmeby Blips, l'lllllila, rmcaa aDd llilllMS, mi by dme prelCIID does hereby ulip. raaile. rdllae 1111 ll'llllfer umo die Gnmle. ils • cans 1111 Ulips. forever. all of ill ripm. priviJeps. ambmilils. oblipanm. 1111 powas wllicll die Gramm 1111 ill 1111 ID Ill)' ad ID C&.Ula:mal ripll 11111 obliprioas, relamd iJl aay way ID die Ille ml m iiplDC y of die Propmy, in:tuctinl bat DDC limil8d ID die 1bDowiaa: 1. 'Ibc rip£ ID die delmlry 111d 1111t of 0.80 SIIIIIIDry iDclles of Wllllr from die Cily DilcD. u CCMlftiiiwt by : A. Tlmcenlia WwCamnl:I No. k, dllld May 14. 1~ berw- dle City al Caasy at DaMt. &all by 11111 daoqla ill Baal of W18 C . ti1ws. 1111 G.H. DPis; ml B. t1lll cenaia · t aed w_. Crmact. dllld May 29. 1952 1*wem& dlt Cily ad C.., of o..ver. 11:1iDa by 11111 dlraap iD Baird of War C• . • wn. 1111 Edidl M. Davis; ml C. As sold a COIM)'lld ID l.oais F. MDJidatcr 111d Sadie M. MWirbeha' by Wanwy D..a rem.did May 31. 1962 at Bomt 1342 at Pap "9 of die recards of die Anp111oe Caamy Cert Ull1 llacardlr: - E X H I B I T 1 .. ., • • 0 , I • (• • ~ (,.) N X --0 ~ ' l . . ) li'I 1111 fl I fl' I i a.9 ~ s: · 1 o !>' ff~ ~ · i !-1 a ~ ~ ~fi11 l1ii~ llt It ~Z!~ ~ , !~ ; ·! s'BJ ~f ,.l J n!:' ~ f n!:' .fol I JI jlJ ( a.ff II Elf ··I, h.( I il 1 11 · I . ff If ..... 1 l ~.t i I 9 ~ ~-': ~.t .lif t .'1,, (l 'I J· Ii . I I >Tl 1 ·1lf~ · I ! 8 j f (,ri; .f ·~z ! ~ ti ff It · rt!: ~ 11 ff a . .., . ~ ff a . a r 1 . . 1· · · 1r I . · · t n ~ l f I l s. I ~ 1· 11 .f ~ . J I I .f a . I 'I l . JJ ' I s. N r i t!. ( .f ... • ~ I . i It I ~ ~H if! ~1: i ff· ,.(~ 1t~ 11 t ~-111 fl-11 t.tf-i& Jsrt · J fi~B ~I~ 1rJ B ~Ire •• , • i. • r I I O . • .. ... .. . . " I ]- • • • • owmr ar1ba war riplS da:real ID Ille Chy Dia wbidl are die lllbject of Ila CGUIICI 1111 laaa 11flia1ed ill S8Clilm 1. 211113. 1meiD. Gmae sball raa deliwry of Ille cuamct --=r ll a bndp,e or adler aadlE a::a,pable m dlr Qy of EJllilwoad lacllm oa lbe Qy Dill:h between la Galm llll 1tidae Raid iD Anpaboe Coaa:y. Cmaada. llll slllll me sacll wmr mr lbe inipi11 of llllds loc:alld 1lldm' die Qy Dill:ll llll dea:dbed oa Elbibil A an lwJ mna,. IN wrI'NE§ WHEREOF. Gmaar llal ..,.,,., dm Assipnrnc oa lbe eta 1111 year set fardl abawe. STATE OF COLORADO ) ) SI. COUNTY OF ) IING C. HODSON AND EVEI. YN LmGH BVDSON FOUNDAllON. INC .• a Cmaado Wlpamiw ~ n. b;p,ia& aww -=v,r1}1fan-dais ,;r: -, of Nov ..... 19"7. by 7n,. i ~ 1er • Cz&tt + C of KJlw C . • HJldloa 1111 Evelyll Leip llllllaa Fil 7 . e Ille.. a CoFnndD CiUlp a M. Wiaml 'fll'/ Jail al omi:ill llll.. +J..,1a o1 rl ~"? My C ·wee &pinll:Plc,= tO,, t1~ Pllllic .. .. . .. • . • ' • 0 -• ~ • . • ' ' , ... ... .... ACCUl&D dlis ~day of Nuwmblr. 1997. by Ila Samia SUbililw Part 1111 R8CZ'lllllilm Dilaict. ,-. ' • . • • 0 - • • • • ,, . <. ... .. CQNSENJ m ASSGNMEN't 111e City am1 Coam:y of .Delmlr. acaa, by am mroap us Doud of w .. Cu18ii11iuio11m. bm:by cw 10 lbe fme&oiaa Aaipmw coaca:ama crma:11 am .... iJr dl8 cleliWlry llll Ille of WIW fram dl8 City Dill:h. llll aciamwledps elm sadl .... aYe ml ball & Mil EJ CTY AND COUNTY OF DENVER. ACTING BY A.ND THllOUGH rrs IOAI.D OF WATER COMMISSIONERS ~~-: ~~~--~...__.c..~,,.,...~--- ~ :_:.: :: .··::::: .. :.--:·: ... · .. ~~ . ..;~.:;a. ~~,~pg:4.~(/4:::,,-. 'I1le Cjzy of~ lllmby cc m ID lbs bep,iaa Aeij MC an:emi,• cleliw:ry aad 1m of war fram die Cay Dilcla. al · fttOM die camm rip! ID D¥e such .._ deliwnd dlmaail die Clty Dil&::b al die -of die diwui&a ,-savame aad pipe for defivwy of Cky Oilcll war flam die City Dilda ID die Plapmy. CTY OF ENGLEWOOD By: _________ _ Tldr. Thome, I Burn, 11¥Pt ATTEST: Loucrishia A. Ellis, City clerk . ' .. • • 0 )- . ' • • IDDI1' A l of-) PARC!'-!!1-A Ml' z. lJl5 A par1:a1 of land sitaiad fn t2ll nardlaut ona-qaanar 01' Sec:ion zo .. TOlaSbip S- !astll, 1anp 51 Vest of u. Sbt!I Prfacipal ltl'l"td1u. An,._ ~. Colorado, wftll ,..,.;ngs llaSld aa dll •st Ha of t!le Sllltlnllst aae-qvartar of tbe nartMast --...rtar of aid s.ctiali ZC lleiq s. 00o 111' u• v. ·-mre ,u,:ial&rly dUcr'flled U ftlll OIIS: Qllalllcint &t ta aartini.st =~r of :m sovt!Nest a....quartar of t!le IIOr'Clla&st Ollt-qall'U.r of sa1cl Sec:1on ZD: • .. .. N. a,o q• 09• E. • distance cf Sil.ff rat t:I ti. i1IJE ?OIIT OF iEGIININ6: con~i111 II. 119 41' 09• E. a dfstuca of m .04 fat •n or less to a. po;~ an tlla tastarly rfgllc-of-'117 t f• of s.'1:11 SUta Fe Drive (U.S. K1gb- •Y 15); · s. ~ 41' sr E:. ,,., sat• n1llt-of~1 lf• & distaaca of 115 .%1 'feet •n or less tD • paint oa tlll 111rtn ti• ,, tlla Platta.1aw S-1•ision; al•t ti. IIDl"tber1.r &lld wstarly li•s of said Salldf•fsion tlla fbtlowing ftNr c:arsu: s. ar 4S' n• w. • clirtanca of ZlG.75 .,_t .,. °'" less; s. 1JDO 31' 1~· v. l disa111:a of ..... 1 fat; •• 719 2&' q• v. & ifst&Aca .~ 17.ZO -~ s. ODO l!' u• w. & 4fsuac:a of JIZ.71 •t t.o & -paint Oft tile sautllerty 1 i• Of --ti. ,areal of le.Iii 'rec=rutl {a look 05 • i'&p ZJ4 • ~IIN C...tvlecorlis: S. nls 31' 40" ll •• 11•9 Ai4 smrtlariy Ha. a ,1staaca of 9'.GI 'l'Nt to & pafat • tla ·eutarl.1 ript-of---, 1i• of t:111 Jlropond Soattl Pl&t;ta 11..-. Qaatf'te1cl Lalla GNlftna C.-1 Ia,aos I ts; •rtarlj-., .. , safcl .nan, rfpt-4,.., 1 ,. tbe flrllowiq tarn CNl"'laS: ll. OC,O ZO' n• w. & •tstuca o, a.a .41 ~ ti a paint of carw.tlrra; w a..11 & ,tft&IICII of Zl7 .IZ 1-t 11 ... ta u,: of saitl cana to. ille rt1ait ll&rillf a CIIICl'll Ulfl• of 14• 11• a-• & Ndfus •* 171.74 •~; K. Uo II' 1r !. & ,tstuca ef m.n lie~ ID 0. 11111 POlllT a, IIIDIIIIIL • & IGUNOMT IUWVC"r' . et ~ARaL &SI-A SK'T1QCZO, i.!.S .• R.IW .• AIIU'&HO£ COUNT"I'. C:~RAL ' . ,;(£:IAR!O FOR THE ClTY OF :..l'!'T'I .. EiON • I • • • 0 f --~ I • • • • • <. % of 3 Is the line dacrib1ng .& 100 1't·. wide ~. Ec.S f.t:. ~'!.y UCI 37 .! flt. A 1 HrJrly of said tfne. grantld to Putalic Serna ~1117 of ColorldO, for ~ elec:tr-ic t:-ansai ssion lines. R~ed in 3Gat zzaa. P~ !4 ¥Id in Book Z2Z!, '• l03. Is ttle centerline of & 2D ft. wiM l"igllt~-way grlllted to~ Neczo,.olitu • Y&tr Ind Sanitnion Distnc:: tar natur,, _. tines. -.,. did 1n look 1D7. '• 244. Is tbe canter line of 1 2D f't. wide rlglrt-of-..y grllltad to sauclM!St Nib opolitan A W&tr w SMiut'toa Disc-Id: for sait.-y s..-1il•. 1-=r"dad in look lDZ. · .Pap3T.3 ls the cam:ertine of & ZD tt. wide ri~1f-w&y ...._ to soatl ISt 1111:i opolitan £ llltar' Ud S.mt&tion District far uaitary s..-li1111. lw:oadld in looc 1337, Pap Z47 . .a. Is t!le ~H• of u as a1t ,or 1 ..tr li• .t satf'icimt wid'tJI for sw al. liC8I" line cznata to ttre Taan at L1ttlaQIII. a.corded 1n lllok 755 .. , ... 111. tlrts survey dGes •t c:oastic.ta & title sqrdr lty ._....._ l O'Nan 'at cieCllrmiae owership or __.ts of racord. F~ all fafwwatioa rapl"dtag cu .. au. Mp1:s-of.._,. or title of reconl, Girnnllorae , O'llln reli• upon fa1tlrwa ~foa 11q1pJ fed to 11s 1t1 die Cotorado Watar C..rr&i.ioa loanL IIITICE: Accordf4t tD Colona law ,. ast taCI ID)' le,al &a'f• b&Nd Clpoa uy oe~ in tllis sur-,er vitlaia ris ,urs altar ,.. f'f1"St df-.ower·llldl def'ect. Ila ao •"111;. •r 1117 IC'tia N,Rd IIIIOG 1111 defec; 1n tlats ~ bl . c aced •" than ten l'l&rs traa t:111 data of 1:111 c:art1 ficat1tll .._ ,.,.__ ~ f.*'"' s s'G ,t ; ;.,.. "-•rt. • ProiustouI LIM san.,or. de ..,.. t,y m1a tat tllta llrewi.. Ult lepl descr1,t1• 111S ,,....... ,,,_ ef.sti.. I Cl W -..1-- fllud lly 1. f'lelcl ~ 18' .DNa of llclN -lied lay n. C....,.. llatar C.U.,..,.ttoa IR\"d &ad cllllS ~ ~ a a1 t1N ~ by • I r• l O'Rll'I. tac • -L~!iENC - a. 10UNaAaY 1U11YtY 'Cl' "AIICC~ 181·& E. ~-!1.£.--nlle UM: T'.1-• 'TU~ONE 'UNE W.t..•W&.i'ER LIN! C.~• G.&.S ~INC S!C:T IONa,, 'T:5.S •• 11.18 W_ All.tHl401'. COUNT"f. CCX.09'.L;jC PREPAR£!:> ::OR THE CITY OF l.!r.".ETON ....... -_,, 'I • . .. • 0 - I I I I I I I I I I I I • • I• • l of l .......... ?S7.o-' PARCEL 151-A 1~5.;90 SCHIAllE JIUT U~ACRD • -f i / ! ......... ...... ,, - I A -..,.,. _SURVff -ar ~ ISi-A fSECTIGNZQ. T.S.S •• IUIW .• .tJIUAMOE COUNTY, COU)ltAOC i . ! PREPARED POR TH£ CITY 0,-LITTL!TON !O.-,,-IT•I MC ~ lr•Htr... O.U•• a,., iii.i!'. . ' .. .i I· • 0 - ~MO._ SERIF.s OF 1997/1998 • • • (, BY AUTHORITY 1$ DI F,IIU.IIO. UA 1NTRODUCED BY COUNCIL MEMBER WAGGONER AN ORDINANCE AUTHORIZING THE ACCEPl'ANCE OF A VALE GRANT FROM THE VICTIM ASSISTANCE LAW ENFORCEMENT BOARD OF THE 18TH JUDICIAL DISTRICT. WHEREAS, the City of Englewood Safety Service Department applied for funding under the VALE Granta Program to be wied for func:linc the Victim/Witness Program in the Englewood Municipal Court; and WHEREAS, the City of Englewood bu previously applied and been arant.ed VALE Grants for the yean 1990 tbroup 1997; and WHEREAS, the Victim/Witneu Program in the Englewood Municipal Court bu served the victims of domestic violence aince 1990; and WHEREAS, the put funding for this poeition which bu been provided by VALE Granta amounts is approDmat.ely $90,000; and WHEREAS, for the year of 1998, the Englewood Victim's Aaaiatance position will be increaaed from a three-quarter time poeition to a full-time poeition and the VALE Grant will cover ~ of the total coat of this position; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: $ectigp 1. The City Council of the City of Englewood, Colorado hereby authoriw the acceptance of the VALE Grant, a copy of which is marked u "Ezhibit A• and attached hereto. Soc;tigp 2 . The City Manapr and City Clerk are hereby authorized to sip and attest said VALE Grant on behalf' rx the City of Englewood. Introduced, read in full, and puaed on tint readiq on the 15th day of December, 1997 . Published u a Bill for an Ordinance on the 19th day of December, 1997. Read by title and pused on final reading on the 5th day of January, 1998. -I - II - ' ' .. • • 0 ]- - • • • .. Publiahed by title as Ordinance No. _, Series of 1997/1998, on the 9th day of January, 1998. Thomas J. Burns, Mayor ATTEST: Loucriahia A. Ellia, City Clerk I" I, Loucriahia A Ellia, City Clerk of the City of Englewood, Colorado, hereby certify that the above and fore&uinc ia a true copy of the Ordinance paaaed on final reading and publiahed by title u Ordinance No . _, Series of 1997/1998. Loucriahia A. ElliB -2- ,- ' . ' . • . • • 1 · • • • !~ •, • '· VICTIM ASSISTANCE AND LAW ENFORCEMENT BOARD CONTRACT Pursuant to the Assistance to Victims of and Witnesses to crimes and Aid to Law Enforcement Act, Article 4 .2 Title 24 C.R.S., the Victim Assistance and Law Enforcement Board of the 1a• Judicial District has made the following award: Grantee: Englewood Department of Safety Services 3615 South Elati Street, Englewood, Colorado 80110 Grant number: 98-38 Project Title: Victim Assistance Program Purpose of Grant Funds: Police Department Victim Assistance Advocate Services/Equipment Being Funded : Salary and benefits Grant Period: January 1, 1998 to December 31, 1998 Amount of Grant Award: $12,109 Quarterly Installments: Four (41 quarterly payments of $3,027 BE IT UNDERSTOOD THAT: ( 1 I All disbursement of awards are contingent upon the availability of VALE funds. (2) The contents of the grant application will become contractual obligations of the grant recipient and are incorporated into this contract as if fully set forth herein. (31 The grant recipient is required to submit Financial Reports quarterly: April 30, 1998, July 31 , 1998, October 31, 1998 and January 31, 1999 for funding for 1 998. The report due on January 31 , 1999 shall be the year end report. Financial Reporting Forms will be provided by the VALE Board. Grant recipients are required to use these forms. ' • JC .. I • I T A •. •· ' ' • 0 - • • • • ~- Englewood Department of Public Safety 98-38 (4) The grant recipient is required to submit Program Reports on July 31. 1998 and January 31. 1999, which address any special conditions that are listed in this contract. The report due on January 31. 1999 shall be the year-end report. It shall show totals for the entire year and must address any special conditions that are listed in this contract. Program Reporting Forms will be provided by the VALE Board. Grant recipients are required to use these forms. Reports shall be sent to: Francie Miran, Grant Evaluator VALE Board District Attorney's Office 7305 South Potomac Street, Suite 300 Englewood, Colorado 80112-4031 (303) 643-4600 (51 Failure to submit these required reports on the dates due may result in termination of the grant award, return of awarded funds or the loss of future funding by VALE. (61 Special conditions for the award which have been stipulated between the VALE Board and the grant recipient are as follows : None (7) Any equipment purchased with VALE funds must remain with the grant recipient. Equipment must be used for the purpose designated in the grant application. Any use by others or transfer of ownership must be reported to the VALE Board, in writing, prior to the occurrence of such use or transfer. The Board may approve such use or transfer or may request return of the equipment. (81 Any change in the use of grant funds shall be approved by the VALE Board . The request for such change shall be in writing. Approval of the VALE Board shall be obtained prior to any such use. (91 Amendment of any other terms of this contract shall have prior approval of the Board. Requests for amendment shall be in writing. ( 10) The grant recipient shall submit written notification by December 1 • 1998 to the VALE Board if the grant recipient will have any remaining funds at the end of the grant period. . , • .. •· • 0 ' - I • • • VICTIM ASSISTANCE AND LAW ENFORCEMENT BOARD CONTRACT Pursuant to the Assistance to Victims of and Wimesses to crimes and Aid to Law Enforcement Act, Article 4 .2 Title 24 C.R.S., the Victim Assistance and Law Enforcement Board of the 18"' Judicial District has made the following award : Grantee : Englewood Department of Safety Services 3615 South Elati Street, Englewood, Colorado 80110 Grant number: 98-38 Project Title: Victim Assistance Program Purpose of Grant Funds : Police Department Victim Assistance Advocate Services/Equipment Being Funded : Salary and benefits Grant Period: January 1, 1998 to December 31, 1998 Amount of Grant Award: $12,109 Quarterly Installments: Four (4) quarterly payments of $3,027 BE IT UNDERSTOOD THAT: ( 1 l All disbursement of awards are contingent upon the availability of VALE funds . (21 The contents of the grant application will become contractual obligations of the grant recipient and are incorporated into this contract as if fully set forth herein. (31 The grant recipient is required to submit Financial Reports quarterly: April 30, 1998, July 31, 1998, October 31 , 1998 and January 31, 1999 for funding for 1998. The report due on January 31, 1999 shall be the year end report. Financial Reporting Forms will be provided by the VALE Board. Grant recipients are required to use these forms . • X H I • I T A .. . ' •, .. •· • 0 - ,> • Englewood Department of Public Safety 98-38 • • • All unused funds shall be returned to the VALE Board unless the grant recipient makes a request in writing for use of the funds beyond the grant period and such request has been approved by the VALE Board. Such requests shall include : The amount of remaining funds How the funds will be used When the funds will be expended Why the funds were not expended. Such request must be received on or before December 1 , 1 998. Upon receipt of the request, the VALE Board shall decide whether to grant or deny the request without further presentation or hearing . ( 11 I The grant recipient agrees that all funds received under this grant shall be expended solely for the purposes stated above and that any funds not so expended, including funds lost or diverted to other purposes, shall be repaid to the VALE fund. ( 1 21 The grant recipient agrees to comply with the letter and spirit of the Colorado Anti-discrimination Act of 1957, as amended, and other applicable law respecting discrimination and unfair employment practices (C.R.S. Sec. 24-34-402) and required by Executive Order, Equal Opportunity and Affirmative Action, date April 16, 1975 . ( 13) Non-compliance with any portion of this contract may result in: Withholding of funds The grant recipient retuming money to the VALE fund Other action as deemed necessary by the members of the VALE Board Any combination of the above. ( 141 All grant recipients shall make available to the Board or its authorized designee all current books, records, procedures or other information relative to the grant application and implementation. ( 151 The funds granted by this contract shall be disbursed in quarterly installments pending VALE Board approval of all required reports and verification of expenses. "' - •· • 0 Englewood Department of Public Safety 98-38 • 0 • The grant recipient, through the following signatories. understands and agrees that any VALE monies received as a result of the awarding of the grant application shall be subject to the terms of this contract. Date _________ _ Project Director Chris Olson, Director of Safety Services Date ________ _ Financial Officer Frank Gryglewicz, Director of Financial Services Authorizing Official Thomas J. Burns, Mayor John C. Bennett Chair, VALE Board Date _________ _ Date ________ _ Authoriz,d Offic:ial: The authorind official is the person who is. by virtue of such person's position, authonnd 10 ant• into contnlc:IS for the grant 1'9Cip;.nt. This could include: Mayor or Citv Managar, Chairpar90n of the County Commillio11ers. Oiltrict Anom.y, Praident or Chairpar90n of the Board of Dir9ctors. Supeii11tw11dent, or oths Chief Ell9CUtive Officer . F"tneneial Qffic:er : The person is r-.lCIOlllible for II financ:ial matters r....s to the program and who ha ~ for the accounting, managarnent of funds, verification of DPertditlnl, audit information and financial '9PQrU. The person who actually snc,ara the finical rapona may be under the IUl)erVilion of the Financial Officer. The Financial Officar must be a person ottw then the Authoriz9d Official or the Project Director. Protect Ogctor: The person who ha direct r-.lCIOlllibilitv for the implamentltion of the projact. This person should combine knowledge and axpenenc:e in the projact -with ability to administer the project and suoer,,ise personnal. He/she sh.-r9IO()nlibility with the financial Office for Neirlg thet .. •l)erlditura - within the aporoved budg91. Thia parson will normally davote a major portion of hia/har time to the project and is rac,onaible for -ing all reporting 1'911Uirements. The Pro,ect Difector muat be a person ottw then the Authorind Offic:111 or the Financial Officar. •· • 0 ' • ,,. - ~ • < • <' KO. -J OF1998 ~nm auu.nDf BOAIID IN 'l'B LOBIIY 01' ENGLEWOOD CITY HALL AS THE OFFICIAL POSTING PLACE FOR ALL NOTICES •••CIW--PDOD. WHEREAS, tbe Bulletin Board loc:ated in the Englewood City Hall Lobby bu been the official poatin, place for all ~ of tbe City of Englewood; NOW, THEREFORE, BE IT RBSOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: 5a;tim 1. 'lbe official poatin, place for all ~ of tbe City of Eaplwood ab.all be tbe Bulletin Boud in the Enclewood City Hall Lobby ad luch natieN ab.all be pmted under tbe beading "PUBLIC NOTICES.• 'nua Reaolution cloea not in any -1 of itNlf create a requirement for notice. ADOPl'ED AND APPROVED thia 5th day of January, 1998. 'l'lllmaaJ. Burm, Ma:,ur ATTEST : Loucriabia A. Ellis, City Clerk I, Louc:riabia A. Ellis, City Clerk far the City of Bnp,wood. Colorado, henby catify tbe above ia a true copy of Reaolutioo No.__, SeriN of 1998. ' . ' ~ • ' ' .. • • 0 , --I ]- - • • . • ' COUNCIL COMMUNICATION Agendaltem January 5, 1998 10 Ci Initiated By StaffSowce C• Subfect Designation of Buletln Board in City Hall as Official Posting Place for all Legal Notices Department of Financial Services City Clerk's Office Frank Gryglewicz. Director of Financial Services Loucrishia EHls, City Clerk COUNCIL GOAL AND PREVIOUS COUNCIL ACTION On January 6, 1997 City Council designated the bulletin board in die lobby of Englewood City Hall as the Official Posting Place for all notices of the City of Englewood. RECOMMENDED ACTION Approve a resolution designating the bulletin board in the lobby of Englewood City Hall as die Official Posting Place for all notices of the City of Englewood. BACKGROUND, ANALYSIS, AND ALTERNA11VES IDENTIFIED The OPEN MEETINGS LAW, State Statute§ 24-6--402 (2) (c) requires that "a local public body shall be deemed to have given full and timely notice H the notice of the meeting Is poeted in a designated ptj>llc place within the boundaries of the local public body no leas than twenty-four hours prior to the holding of die meeting. The public place or placel for posting IUCh notice shall be designated annuaHy at the local public body's first regular meeting of each calendar year.• FINANCIAL .. ACT None UST OF ATTACHMENTS Proposed Resolution -------' . ' • ' .. • • 0 ~• )- - • ,.. • • laCUJ'l'IOR JOa '1'BI AnOllfflllmff 0, .IOIIN LOUIII P+_,_. M Alf ASSOCIATE MUNICIPAL JUDGE FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, punwmt to Article IX, Put ll, Sec:tiaD 88, al tbe Enalewood Bame Rule Charter, "Council may appoint me or more auociate judpa, who aball lit at IUCh timee and upcm such cauaee u aball be determilled by the prNidin, municipal judp;" NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCll. OF THE CITY OF ENGLEWOOD, COLORADO, THAT: 5ec;tiqp 1. John Louia Parkiw, aball be and hereby ia appointed u an ~te Municipal Judp in and for the City al Enpewood, Colorado, for a term ......,..,..,,cinc January 5, 1998 and apirinc 0-ber 31, 2001. ADOPl'ED AND APPROVED tllia 5th clay of January, 1998. 'lbomu J. Burm, lla,or ATTEST: Loucriabia A. Ellia, City Clerk I, Loucriabia A. Ellia, City Clerk far tbe City al ......... Colando, _., -tifJ the above ia a true copy of Reloluaoa No._, S... al 1998. . . , . • . " ... • • 0 f __ I ]- • • • .. COUNCIL CO-..NICATION Data January 5, 1111 Agendaltam 10 C ii Subject Appointment of Aaoc. Judge Louis Partdnaon INITIATED BY llunlclpal Court I STAFF SOURCE T...,.. Wolf9, Ct. Administratlor COUNCIL GOAL AND PREVIOUS COUNCL ACTION The Municipal Court is trying to maintain Council's goal of providing appropiialle wvic:e levels by requesting that they continue to appoint Auocialle Judges to wve the City of Englewood . RECOIIIIENDED ACTION We would request that the Council appoint Louil Par1<inaon, to a 4 year term • an Auoc:iate Judge for the City of Englewood, commencing January 5, 1998 and expiring December 31, 2001 . BACKGROUND, ANAL YIIS, AND AL TERNATIVEI IDENTFIED Auociale Judges are required in order for the Court to maintain • ful tima schedula. They Ill in for the presiding Judge when there ii an lllneu, vacation or confllct of in1llrNt. Judge Parlcinlon has served the City well in past terms • a presiding Judge . FINANCIAL .. ACT There ii no additional financial impact, • Aalociat8 Judges are budgelld for on an annual belil. UST OF ATIACHIENTS The Resolution document is attached. • < • . .. 0 • • 0 , ,, I - - Date January 5, 1998 Initiated By • • ·, • .. COUNCIL COMMUNICATION Staff Source SUbject Designation of Legal Newapaper for City of Englewood Department of Financial Services City Clerk's Office Frank Gryglewicz, Director of Financial Services Loucrishia 8118, City Clerk COUNCIL GOAL AND PREVIOUS COUNCIL ACTION On December 18, 1995 City Council designated the Englewood Herald as the legal newspaper for the City of Englewood. RECOIIIIENDED AC110N BACKGROtN>, ANALYSIS, AND ALTERNATIVES IDEN11FIED The Colorado Publication Statutes restricts publication rates and sets forth the requisites of a legal newspaper. It is the c:oneensua of staff, after l'9\iiewing the Statutes relative to the Denver Poet, Rocky Mountain News. Daily Journal and Englewood Herald, that our needs are beat met by the El iglNood Herald. Staff recommendis CCUICil deelgnate the Englewood Herald as the legal ne.•paper for the City of Englewood until modified by the City. FINANCIAL •PACT Publication costs have been budgeted for 1998 In the amount of S 42,000. UST OF ATTACHMENTS None ·------. ' ' .. • . ,,, • • 0 ]- • • • ·, • COUNCIL COMMUNICATION January 5, 1998 11 a i· lnltlllted By Staff Source Sul,lect Intergovernmental Agreement with Englewood Housing Authority Neighborhood and Business Development Office Mark Graham Neighborhood Community Coordinator COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Providing decent housing in safe neighborhoods and expanding economic opportunities for Englewood citizens. RECOMMENDED ACTION Staff recommends that City Council approve the Ordinance authorizing an Intergovernmental Agreement (IGA) between City of Englewood and the Englewood Housing Authority tor the purpose of improving coordination and clarifying respective obligations. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED This agreement is meant to clarify and strengthen the existing relationship between the City of Englewood and EHA. Previously, the City provided direct benefits to the EHA. to meet City Housing goals. Assistance was provided in the form of staff, benefils and program moneys. This agreement contemplates that the EHA will meet defined goals to be evaluated periodlcally tor an established amount budgeted annually. The City of Englewood will provide administrative and technical services to the Englewood Housing Authority (EHA) such as payroll, recruitment, vehicle maintenance and other in-kind services. In retum, the EHA provides the City with housing services meeting broad City goals. The EHA provides affordable housing opportunities by administering programs funded primarily by the U .S. Department of Housing and Urban Development (HUD). The City also provides resources and support tor creating decent housing in sate neighborhoods. The Neighborhood and Business Development (NBD) Office and EHA collaborate to provide housing opportunities and believe it is in our mutual Interest to clarify roles and responsibilities related to providing housing programs. The proposed Intergovernmental agreement anticipates an ongoing relationship . FINANCIAL IMPACT The proposed agreement covers annually budgeted programs. UST OF ATTACHMENTS Proposed Bill for Ordinance .. . . ' • . .. • • C - - ORDINANCE NO. _ SERIES OF 1998 • • • \. BY AUTHORITY •.-i.- Mffll08llllf0 AH IN'l"SIIOO¥alUAL REBMBNT BNT1TLED ·AGREEMENT BE'l'WEEN TRB CITY OF m 1 .tJOD AIID 'l'ID DGLBWOOD BOU81RO.AUTIIOll1TY.• WHEREAS, Thill intergovernmental agreement between the City of Englewood, a Colorado Home Rule Municipality (herein called •City9) and the Englewood Houaiq Authority, a body politic and corporate, under Part 2 of Article 1 of Title 29, C.R.S. 1986 of the State of Colorado (herein called 9EHA9>; and WHEREAS, tbe City and tbe EHA couid• it to be in their mutual interNt to cooperate in acbievinf bouaing pall for Englewood citiseaa; and WHEREAS, tbe City and the EHA deaire to let furth their l"Np8Ctive obliptiona, dutiea and powen in relation to achieving the housing goals and plam enumerated bytbe EHA.; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCD.. OF THE CITY OF ENGLEWOOD, COLORADO, AS EOLLOWS : Sertim 1. 'lbe Interpemmental Agreement entitled •Ap-eement Between 'lbe City Of Enclewood And 'lbe Englewood ROU8UII Autbority9 attached hereto u "Emibit 1: ia hereby accepted and approved by the Englewood City Council. Sertim 2. The City Manapr ia authorized to aecute and tbe City Clerk to au.t and wl the Inte.10,enunmtal Agreemmt for and on bebalf al tbe City of Encl-ood, Colorado. Sertim 3. 'lbe attached lnterpemmental Agreement ahall be eft'ective March 1, 1998. Introduced, read in full, and paued on fint readina on tbe Mb day of January, 1998. -1- ,·• .. • • 0 J - - • • ni:r-??-a1 He-.. 1~: 1A • • . ' • <. ' ~Nr.l ~umn HOIJS 1 NG AUTH FAX NO. 3037815503 AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD HOUSING AUTHORITY y P. 02 Thia Agreement, entered mto 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 1 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 powen; SECTION ONE PURPOSE The purpoae of tbia apeement ill to clarify the relationship between the City of Englewood and the Englewood Homing Authority such that the parties may efl'ect the planning, financing, acquisition, coutruction, reconatruction, rehabilitation, maintenance, manapment, and operation of bouain, projecta punuant to a multijuriadictional plan to provide affordable housing to Englewood reaidenta. SECl'ION TWO CITY OBLIGATIONS The City lhall have the foUawinr nepaneibilmN, dutiea, and pows1 with r...-ct to the EHA: 1. The Mayor, upon 1"91'J!WemclmaD bJ the EBA, ahall be neponlillle far the appointment of commi...,,,,.. to the BHA. A. The EHA lhall be_........• faDowa: ii. A~ lhall bold offlce -til hill -bu been appointed and quali6ed. iii. A commi-.-01 term lball upire he ,-.n from the apiration c1at.e mthe .._ m hilllMr pr......__ . iv. Vacaaciel a&ber than bJ reuao m apiratioD m tenu -u be tllled by llayar, upon ..,..,!DIDd•tion bJ the ERA. for the unapired term . ,, -. ' , •. .. • • 0 ]- • • • v . The Mayor may remove a commiuioner for inefficiency, neglect, or misconduct in office, but only after the commiuioner baa been given a copy of the charges made by the Mayor against him/her and baa had an opportunity to be heard in peraon or by counsel before the Mayor. In the event of the removal of any commiuioner, the Mayor shall file in the office of the clerk a record of the proc:eedinp, together with the charges made against the commiuioner and findings thereon . 2 . The City, through various departments shall provide the following administrative services: A . The City shall provide payroll services for all EHA funded positions for a monthly fee 88 established by the city in Attachment A. B. The City shall assist, 88 requested, in the hiring process for EHA poaitions. C . The City shall provide vehicle maintenance, guoline and oil for all EHA vehicles, through the City Servicenter for a monthly fee 88 agreed to by the parties annually, 88 established by the city in Attachment A. D . The City shall provide public liability coverap for the EHA commiuionen and staff and the City shall provide EHA employNB with medical, dental, and life insurance that is identical to that prowled for City employees for a monthly fee u establiabed by the City in Attachment A. E . Five additianal one (1) year pmoda fur ti-r-may be neptiated by the City Manapr or hialber deaipee. 3. The City reNl'Yel the ript to &pprclft or diaappr09e an EHA requeat for funding and the UN of in kind Nn'ica CID a year to year buis. 4. The City 1hall bill EHA for eervic:es nmdered by the 10th of the month following the date of aervice . 5 . The City may aupport11Clditianal activiti• of the EHA by fundiq, in an amount to be determined by the City Council. Said amount to be appropriated annually . SECTION THREE e EHA OBLIGATIONS The EHA shall have the following reaponsibilitiea, dutiN, and powen: 1 . The EHA shall be reaponaible for the administration of the public bouaint, Sectian 8, SectiC1D 8-Emtinc, and other procrama that may be approved from time to time in the EHA work Pf'Oll'&ID . 2 . EHA will administer city funded prosrama web u C.D.B .G. and the Project Build prGll'&ID u appro¥ed by the City CID a yearly buia. 3 . The EHA shall furnish mcmthly reparta to the City CID the m&ua ~loam. fundiq, and projecta CID City funded pr'Oll'&lll8. 2 -~ .. ' . , • . .. • • 0 I -• • t• • (. 4 . On an annual basia, 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. 5 . 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. 6. 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. 7. The EHA shall fund all Englewood Housing Authority Positions. 8 . The EHA shall hire its Executive Director, who shall report directly to and be supervised by the Commissioners for all EHA activities. 9. The EHA Executive Director shall attend meetings as requested by the City Manager. 10. The provisions of articlea 10.5 and 47 of Title 11, C.R.S . 1987, as amended, shall apply to moneya of the EHA. 11 . No EHA commissioner, other officer, any employee, nor any immediate member of the family of any such commiuioner, officer, or employee shall acquire any intereat, direct or indirect, in any project or in any property included or planned to be included in any project, nor shall he/she have any intereat, direct or indirect, in any contract or propoaed contract for materials or services to be fumiahecl or uaecl in connection with any project. If any commissioner, other officer, or employee of the EHA owns or controla an intereat, direct or indirect, in any property included or planned to be included in any project, he/•he shall immediately discloae the same in writing to the EHA, and such disclosure shall be entered upon the minutes of the EHA. Upon such disclosure, •uch commissioner, other officer, employee, or immediate family member shall not participate in any action by the EHA affecting the carrying out of the project planninf or the undertaking of the project unless the EHA determinea that, in the light of such penonal intereat, the participation of •uch member in any such act would not be contrary to the public intereat. Willful violation of the provisions of this aec:tion constitutes malfeuance on the part of a commiasioner, or other officer and is srounds for instant dismissal of any employee. The City Council may by ordinance provide for automatic forfeiture of office by a commissioner for violation of this section. 12 . The EHA a,reea to pay the City oCEnclewoocl the fee 1tat.ed in Attachment A, or any 1ubaequent fee neaotiat.ed punuant to this Ap,,ement for the servicea deacribeD therein. Partial paymentl will be made u the work progrt11Na. Said payment. will be baaed on eatimatea, prepared by the City, of the value of the work performed. 3 . ' • . I· • 0 . - ! ,., ' • • • (. 13 . EHA shall pay for services rendered by the City by the 30th of the month following receipt of billing described in Section 2, Paragraph 5. SECTION FOUR MISCELLANEOUS 1. The term of this Agreement shall begin on the date of the City Council approval (the "effective date"), as evidenced by the date first written above and shall continue until the Agreement is terminated as set forth herein. 2 . Thia Agreement is subject to such modifications as may be required by changes in federal or: te law, or their implementing regulations. Any such required modification shall automatically be incorporated into and be part of this Agreement on the effective date of such change as if fully aet forth herein. 3 . Thia Agreement is intended as 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, unless embodied herein by writing. No subsequent notation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a written supplemental contract which has been properly executed. All previous agreements between the City and EHA are void and this Agreement shall govern the relationship between the City and the EHA. 4 . To the extent that this Agreement may be uecuted and performance of the obligations of the parties may be accomplished within the intent of the Agreement, the terma of this Agreement are aeverable, and should any term or provision hereof be declared invalid or become inoperative for any reuon, 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 u a waiver of any other t.erm, or the same term upon suhllequent breach. 5 . It is expressly undel"ltood and agreed that enforcement of the terma 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 upreaa intention of the City and the EHA that any penon 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 Ap,,ement 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 atop. A. soon 88 practicable aft.er receipt of notice of termination, each party shall submit a statement, showing in detail the services performed under the Acn,ement to the date of termination. 7. Each party shall promptly pay that proportion of the prNCribed charpa which the aervices actually performed under the Agreement bear to the total aervicea called for under the Ap,,ement, leu such payments on account of the charpa 88 have been previoualy made. 4 "' - • I • .. •· • 0 I I • • • '· 8. Each party representa and warrant. that it has taken all actions that are necessary or that are required by ita 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 ita terms. 9. Each party shall maintain all books, document., papers, accounting records and other evidence pertaining to coats incurred and other performance hereunder and make such materials available for inspection by the other party at all reasonable times during the period of the Agreement and three years from the date of acceptance of the A,reement by the City. On request, copies of such records shall be furnished to the City for the City's permanent records. 10. The City of Englewood and the EHA agree that they shall not refuae to hire, diacharge, promote or demote or diacriminate in any matter of compensation; performance of services or othenriae, against persona otherwise qualified solely because of race, creed, sex, color, national origin or ancestry. 11. The City of Englewood and the EHA 88 well 88 the employees and agenta of each entity shall be considered for all purposes of the Agreement 88 separate entities. 12. The City of Englewood and the EHA will establish safeguards to prohibit their employees, agenta, or servant. from uaing this A,reement for any purpo11e which causes or lends itself to create an appearance of impropriety. Said employees, agenta or servant. shall not seek any personal benefit. or private gain for themselves, their families, or others. 13. Each party agrees that it shall not aasign or transfer ita interest in this A,reement without the written c:oment of the other party. Any unauthorized 888ignment or transfer shall render the TlUS A,reement null, void and of no effect. H . Any notice to be given hereunder shall be deemed given when sent by registered or certified mail to the addreues below: Director Englewood Housing Authority 3400 s. Elati St. Englewood, Colorado 80110 City Manager City of Englewood 3400 s. Elati St. Englewood, Colorado 80110 15. Nothing herein shall be cooatrued u creatinf any penooal 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 law, and regulationa, and all local laws, ordinances and regulation,. 5 • . .. I· • 0 :' .;, , I - • • • C. • '· IN WITNESS WHEREOF, the partiea hmeto have euc:ut.ed tbia Acr-mt the day and year tint above written. ATTEST: Louc:riabia A. Ellia, City Clerk ATTEST : Secretary CITY OF ENGLEWOOD, COLORADO Gary Seara, City Mampr ENGLEWOOD ROUSING AUTHORITY Cheryl St. Clair, Direc:t.or 6 'I •. .. • • 0 l • ]- - • .. • · ... • .. A'M'ACUNENI A COSTS OF SERVICES RENDERED TO THE E.H.A. BY THE ClTY FOR 1998, SUCH AS PAYROLL SERVICES, VEHICLE MAINTENANCE, GASOLINE, OIL, ETC ., AND INSURANCE AND BENEFITS SHALL BE REIMBURSED AT ACTUAL COST. 7 ---------' ... ' .. . , . ' • • 0 t ,.,.-~ I • • • . . Bleddtne Orisinel EBA AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD HOUSING AUTHORITY "' - Thia 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 1 of Title 29, C.R.S. 1986 of the State of Colorado (herein called -EHA·). WHl!lRBAS, rell'ftl'l'll appraual, elearasee asll ee9l'IHIIMiee haa lleea aeeamplillhell fram aa4I with apprapriMe 111•eiae, ami WHEREAS, the City and the EHA consider it to be in their mutual interest to cooperate in achieving housing goala for Englewood citizens; and WHEREAS, the City and the EHA desire to aet forth their n,spective obligationa, duties and powers; SECTION ONE PURPOSE The plll'J)Oll8 of this agreement is to clarify the relatiombip between the City of Englewood and the Englewood Housing Authority such that the putiae may eft"ac:t the planning, financing, acquisition, construction, reconstruction, rehabilitation, maintenance, management, and operation of boUlin( projects punuant to a multijuriadictional plan to provide affordable housing to Englewood reaideota . SECTION TWO CITY OBLIGATIONS The City shall have the following reaponaibiliti•, dutiae, and powers with respect to the EHA : 1. The Mayor, upon recommendation by the EHA. lball be responsible for the appointment of commissioners to the EHA. A . The EHA shall be constituted u followa: i . The EHA shall consist of five commiuionera . ii. A commiaaioner lhall hold office until hia aucceuor baa been appointed and qualified. iii . A commiuioner'a term lball upin ftve :,eara from the upiration dateafthetma.af._. HISIRBR ... ._. iv . V acanciae other than by ..-af apiration af terma aball be tilled by Mayor, upon ..-mmdatiaa by the ERA, a the unupired term. .. • .. . . , 0 • ]- • • • (• . • ' v . The Mayor may remove a commiaaioner for inefficiency, nerlect, or misconduct in office, but only after the commiuioner has been given a copy of the charges made by the Mayor apinst him/her and has had an opportunity to be heard in penon or by coumel before the Mayor. In the event of the removal of any commiuioner, the Mayor shall file in the office of the clerk a record of the proc:eedinp, together with the charges made against the commiaaioner and findings thereon. 2 . The City, through varioua departmenta shall provide the following administrative services: A . The City ahall provide payroll services for all EHA funded poaitiona feHhe fee•....,_.• IIJ the,..._ --a,. FOR A MONTHLY FEE AS ESTABLISHED BY THE CITY IN ATTACHMENT A. B. The City shall aaaiat, u requested, in the hiring proceu for ERA poaitiona. C . The City ahall provide vehicle maintenance, gasoline and oil for all ERA vehicles, throuch the City Servicenter for a monthly fee u agreed to by the parties annually, AS ESTABLISHED BY THE CITY IN ATTACHMENT A . D . The City shall provide public liability C0\'81'8p for the ERA commiuionera and ataff and the City ahall provide EHA emplayeM with medical, dental, and life iDBuraDce that ia identical to that prOYided for City employeN for a monthly fee u eatabliabed by the City in Attecbment A. E . FIVE ADDITIONAL ONE (1) YEAR PERIODS FOR THESE FEES MAY BE NEGOTIATED BY THE CITY MANAGER OR IUS DESIGNEE. 3 . The City reNnea the ript to approve er diaapprove an ERA requeat for funding and the uae of in kind aervicea on a year to year buia. ,. 'Rte Qi., Qe-llil .. ., ilil11lu e the BIii. IIJ •i" H, if there ie ae --•••ac iaielshllaw wthe BIii. • if Ille.-. pra,ili• fer the,.,.._. .... ••elltellaw lsM lie• appra,:1111 . 5. The City shall bill ERA for aervicea rendered by the 10th of the month followm, the date of service . 6 . The City-wil!MAYmpporUheADDlTIONAL activitiea of the ERA BY FUNDING, in an amount to be determined by the City Council. Said amount to be appropriated annually. SECl'ION THREE ERA OBLIGATIONS The ERA ahall have the followinJ l'MpOlleibilitiee, dutiN, and pow_..: 1 . 'Ae Bl"-1hall haue all the µawe ••••If • • 1JJ the *-l•fi II. " - ~ • I • ' ., • • 0 I • • •, • '· a . 'Fite l!:HI. llhaH he a hell, 1111rperMe, eepehle efheiftg a p.,.., ill e'llite, preeeelHBgll, llBtl e1111•eei11, ihe -e Ill! tee 1n.ftieipeli.,. a. The BHI. 1heH aelepti mul prs111\11111M Nie• ce, eraiar it& praeetllll'e. inel11tlin1 eleetien ef 11&ieer11, llllli eeili Nlee 11httH he &leli ill ihe 9tliee ef ihe Si., 6lerlt. 4. The KHA ehall llelfi replar meetillp ill the mmmer pralitletl fer in ihe Nlea ef ihe BIii..:. Speeial 111eetia19 ma, lte heltl when eeHN ill the 111M1Ber pN litletl ill ihe Nlea ef ihe l!:HIL i.\11 meetiap ef tee BH/. ehaH he epm ill ihe p11hlie e•eep• iheee lieelillg wiih lllllli ~llll er Nle11, pe-1 lllMMPII, er lepl 111aMer1 . Ii. 611mm · 1illlleP11 efihe l!:H/. ehaH 111r1e llffllheM eempH111ti11n, hltl ihe, ma, he reimhlll'9N fer eeNlll llBtl ne11111., 11-,enaer. &. The lilH/. Illa,' IMlep., II, PNllildillll, •eclll••• reapeetiBc tee e.ereiee ef its paus•• •ti the.....,... Md afita p-,111e. 7. 'Fite l!:H/. b lJ he pe~ '9 lie llBtl perfsPlll ..,. .... a th · p wiheriNel 11, thia Seeaen QR rn; Dk\llYHQ QRDIH.\HGlil 1111t•ar, ihrelllh, er II, mew ef-, egllllt er 11, eeaaeta wiih ..,. pePIISll, ._, er eerperMien. 8 . The ERA shall be respomible for the administration of the public housing, Section 8, Section S. Ezisting, and other prop1l1DII that may be approved from time to time in the ERA work program. 9 . ERA werlt prelflllll llllillg 6i., tun•• ehaH he WILL ADMINISTER CITY FUNDED PROGRAMS SUCH AS C.D.B.G. AND THE PROJECT BUILD PROGRAM AS approved by the City m a yearly baaia. 10. The ERA llball furnish MONTHLY reporta to the City m the .tatua ofloana, fundin,, and ...... ef projec:ta • • m 1n.W, hlil m City funded procrama. 11 . On an annual buil, during the City budpt proceaa, the ERA llball prepare a request for funclin, from the City and for the renderin( of in kind aervicee and submit these to the City Council for COllBideration . Said request shall illustrate the manner in which City funds and aervicea will aucment the roala and objectives of the ERA and meet City housing roala and objectives for the following year. 12. ON AN ANNUAL BASIS, the ERA ahall confer with City Council reprdiq the roala and objectives of the ERA • --• hail wiih Mlia -.ieetiuc ef IIHP.iHtiar IN ORDER TO COORDINATE the houain( roala of the ERA and the City. 13. The ERA may employ other officers, apnta, and employ-, permanent and temporary, u it may require, and it shall determine theil" qualificatiou, duties and compenaation. 14. The ERA 1hall fund all En,lewood Houain1 Authority Poaitiona . 15 . The ERA lhall hire ita Euc:utive Director, who lhall report directly to and be 1uperviaed by the Commiuionen for all ERA activiti•. 3 • • 0 '--__ I -• • (• • 16. The EHA EXECUTIVE Director shall attend meetings as requested by the City Manager. 17. 'Ate EHi. ma, aettlli.re, helet . leaee ~-leeaer ar leNee), aell, er etrherwiae .tiapeee af an, real er personal prepe..,, ee1MBatlit,, er aefflee . 18 . The BIii: ma, eenM!11111 prape"*' far p11lslie w, if 111eh prape.., ia aei awneel hy -, 19 u effltlleatel en.C,, er an, p11lslie 11tili., anll tie a._ ie ,-Wie 111e plll'INIIM • ._ att.itenti,. 19. 'Fite BIii. ma, eaH 11pe11 the Sit, s-eil Ill' ehief lepl a&ieer eUhe Sit, fer a11eh lep:1 aePrieea • i• ma, reifllliPe , er it ma, em,., MIi ewB eewel anti leral •ff. .\ft, a11eh lepl aePll'i-ma, IN! penarmillll It, the ehief leral e&ieer ef the Ci" eaaeePlling mMM!ra Wltler the !4Teeme11,. 20. The provillions of articles 10 .5 and 47 of Title 11 , C.R.S . 1987, 811 amended, shall apply to moneys of the EHA. 21 . No EHA commissioner, other officer, any employee, nor any immediate member of the family of any such commiHioner, 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/she have any interest, direct or indirect, in any contract or propoeed contract for materials or services to be furnished or used in connection with any project. If any commisaioner, other officer, or employee of the EHA OWD11 or controls an interest, direct or indirect, in any property included or planned to be included in any project, he/ahe shall immediately discloae the aame in writinc to the EHA, and such discloaure shall be entered upon the minutes of the EHA. Upon such diacloaure, such commiuiCJDer, other officer, employee, or immediate family member shall not participate in any action by the EHA aff'ectinc the canying out of the project planning or the undertaking of the project unleu the EHA determines that, in the lilbt of such peraonal intereat, 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 malfeuance on the part of a commissioner, or other officer and is grounds for instant dismissal of any employee. 'nle City Council may by ordinance provide for automatic forfeiture of office by a commissioner for violation of this section. 22 . The EHA agrees to pay the City of'Eqlewood the fee stated in Attachment A, OR ANY SUBSEQUENT FEE NEGOTIATED PURSUANT TO TlilS AGREEMENT for the services deacribeD therein . Partial payments will be made 811 the work progreuea. Said payments will be hued on estimates, prepared by the City, olthe value of the work performed. 23 . EHA shall pay for services rendered by the City by the 30th of the month following receipt of billin, described in Section 2, Paragraph 5 . 4 • . •· • 0 - • • • <. SECTION FOUR MISCELLANEOUS 1 . The term of this Agreement shall begin on the date of the City Council approval (the "effective date"), as evidenced by the date first written above and shall continue until the Agreement is terminated as set forth herein. 2 . This Agreement is subject to such modifications as may be required by changes in federal or state law, or their implementing regulations. Any such required modification shall automatically be incorporated into and be part of this Agreement on the effective date of such change as if fully set forth herein. 3. Thia Agreement is intended as 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, unleas embodied herein by writing. No subsequent notation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a written supplemental contract WHICH HAS BEEN PROPERLY executed. All previous agreements between the City and EHA are void and this Agreement shall govern the relationship between the City and the EHA. 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 atfect 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 subeequent breach. 5. It is expresaly understood and qreed 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 ahall give or allow any such claim or right of action by any other or third peraoa on such Agreement. It ia the espreu intentioo 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 Mi. THIS Agreement may terminate the Agreement by giving to the other thirty (30) daya notice in writing with or without &ood came lhown . Upon delivery of such notice and upon expiration of the thirty (30) day period, all services in connection with the performance of the-THIS Agreement ahall atop . A. soon as practicable after receipt of notice of termination, each party shall 1ubmit a ltatement, lbowin, in detail the aervicea performed under the Agreement to the date of terminatioo. 7 . Each party shall promptly pay that proportion of the preecribed charpl which the aervicea actually performed under the A,reement bear to the total aervicea called for under the A,reement, less such paymenta on account of the charps as have been previoualy made . s .... • I ·- .. •· • 0 , -• • • <. 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 thia 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 coets incurred and other performance hereunder and make such materials available for inspection BY THE OTHER PARTY at all reasonable times during the period of the Agreement and three years 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 . 10. The City of Englewood and the EHA agree aeHe THAT THEY SHALL NOT refuse to hire, diacharge, promote or demote or diacriminate in any matter of compensation; performance of services or othenriae, against persons otherwise qualified solely because of race, creed, aex, color, national origin or ancestry. 11. The City of Englewood and the EHA as well as the employNS and agents of each entity shall be considered for all purposes of the Agreement aa separate entities. 12. The City of Englewood and the EHA will establiah aafeguarda to prohibit ite THEIR emplor-, agents, or lel'Vants from uaing the TIUS Apeement for any purpose which callll!II or lenda itaelfto create an appearance of impropriety. Said employees, agents or servants llball not IMk any penooal benefits or private gain for themselves, their families, or others. 13. 'l!he ,-tiee EACH PARTY AGREES THAT IT llball not wip or tranafer its interest in the THIS Acr-ent without the written cammt of the other party. Any unauthorized auipment or tranafer llball render the TIUS Acr-ent null, void and of no effect. 14. Any notice to be given hereunder llball be dNmed given when -t by n,patered or certified mail to the adclreues below: Director Englewood Housing Authority 3400 s. Elati St. Englewood, Colorado 80110 City Manapr City of Englewood 3400 S. Elati St. Englewood, Colorado 80110 15 . Nothing herein shall be conatrued as c:reatin( any penonal 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 regulationa, and all local laws, ordinances and regulations. 6 . ' • • 0 I -• • C. . • ' , ... IN WITNESS WHEREOF, the parties hereto have uecuted this Agreement the day and year tint above written. ATTEST: Loucriahia A. Ellia, City Clerk ATTEST: Secretary CITY OF ENGLEWOOD, COLORADO ENGLEWOOD HOUSING AUTHORITY Cheryl St. Clair, Director 1 I'~ . ' • . ~ .. • • 0 f __ I • . " ·, • (, A'ITACHMENT A COSTS OF SERVICES RENDERED TO THE E.H.A. BY THE CITY FOR 1998, SUCH AS PAYROLL SERVICES, VEHICLE MAINTENANCE, GASOLINE, OIL, ETC., AND INSURANCE AND BENEFITS SHALL BE REIMBURSED AT ACTUAL COST. 8 •. .. • • 0 .. • • ~ I N a% M ~ I I __, ' ~ r ff t L ., .. !Ht, !Ui Pih I i9 i~ : : I f IJJ UJ ,1:1,•izt 111f 1tlrj1 r •t lJ d 9 if 9J i'h,d, If f f1I i ~ I 1 _ ·t · 111 I f l 'I :i> r IW 11••,ttf t 1,.·1 ~ I ~ .. I .. 1 i fl, I . r J.. 1» • i ' . :ll • !:If ob f !i ll!: f ii I ~ -~ 8 1· 11 r J ~ . --..... r 1 f l r I ~ I lr1 i.J 'f1i9 I: i fl'11t j , .. I 1.. :J.. I' .. i r .. , 0 • . ' L.,J I I . . 7 . ~ : , " ' 1l I -• • • Staff Report To: Thru: From : Date Subject: Purpose City Council & Manager Rohen Simpson, Director of Neighborhood & Business Development Marie Graham, Neighborhood Community Coordinator ~ December 19, 1997 EHA Agreements This report provides background information about the three proposed Intergovernmental Agreements between the City of Englewood ("Englewoocf') and the Englewood Housing Authority (EHA). There is a General Agreement between the organimtions and two program specific agreements; one for Project Build; and one for the Community Development Block Grant (CDBG). Each of the agreements is intended to clarify arrangements and reinforce the partnership between Englewood and the EHA by clarifying responsibilities, resources, services, goals, and other matters related to collaboratively providing housing opportunities in Englewood. With few notable exceptions, the agreements document existing arrangements as they are currently understood . The two agencies share many goals. Providing affordable housing in safe neighborhoods, with good access to community facilities , services, jobs, shopping and entertainment continues to be an important goal for both the City of Englewood and the Englewood Housing Authority . Towards that end, the two entities collaboratively provide housing rehabilitation and new construction programs. Englewood bas historically provided Federal Community Development funds and general funds to EHA supporting housing activities. Additional support from the City is provided as "in-kind" assistance. The proposed agreements continue to provide a high level of support and preserve administrative flexibility while establishing written goals for the jointly provided programs. Englewood housing policies will be provided to EHA to include in the written program goals which accompany any annual program appropriation. To increase the comfort level of City Council , Housing Authority Commissioners, and administrative staffs, it may be necessary or desirable to develop new policies, procedures, guidelines, and goals for each program. Program goals for City housing programs administered by EHA have not been clarified for many years and with changes in ke y City and EHA personnel there is a loss in program continuity. The changes which are identified in this report relate primarily to changes in organizational structure and address issues related to the physical location of program staff. • • 0 , I • • l • • <. 2 The City of Englewood organiz.ation changed . Neither the Housing Division nor the Department of Community Development exist now as they did when the programs were established. Housing policies and programs are currently supervised by Neighborhood and Business Development Office. Housing Division staff once worked in City Hall but currently work at the Englewood Housing Authority Offices on Sherman Street. When the Housing Division staff administering City housing programs were located at City Hall it made sense for them to report to the Director of Community Development. Likewise, with housing programs being administered from EHA offices it makes sense for them to report to the Director of the EHA. The agreements recognize and address these changes by creating more complete program documents and by adjusting reporting relationships. Agreement 1, Genenl Agreement The General Agreement is divided into four topics: Purpose, City Obligations, EBA Obligations and MisceUaneous provisions . The Purpose of the Agreement is generally to improve communications between the parties so that we can effectively and collaboratively provide housing programs in the City of Englewood. Both parties have requested increased project coordination. City Commitments include appointing commissioners on the Englewood Housing Authority . City administrative services provided to EHA include payroll, staff recruitment. and vehicle servicing. The city and EHA have joint policies to provide employment benefits including medical, dental, and life insurance . The City provides liability coverage for the EHA Commissioners and staff. The agreement reserves the right to modify these commitments on an annual basis. The City may annually change the amount of funding. benefit policy, and the type and quantity of in-kind services provided . The City also requires reimbursement from EHA for ccnain services . Englewood must provide billing for those services in a timely manner . ERA c .. _._ .. under the proposed agreement include providing program Slafting . Staff was lftviously provided by three City employees assigned to EHA . They worked at EHA 's Sherman Street offices, on EHA administered programs, yet provided time sheets and leave requests to the Director of Neighborhood and Business Development. The agreement resolves this problem by providing resources to EHA for staffing jointly provided housing programs but makes it EHA ' s responsibility to determine how to staff the programs . The agreement provides for the EHA director to hire , supervise , evaluate, approve time sheets, rule on leave requests , and terminate program staff. The agreement specifically permits the EHA director to mange with agents or contract with people or firms to provide any services required to carry out City housing programs . Reportin& requinmats are spelled out in the agreement . EHA is obliged by the agreement to provide monthly reports to Enalewood on the status of City funded projects including Project Build and CDBG Housing Rehabilitation . The reports are to address property acquisition, loans , funding , and construction. ..... • • 0 , I }- ]- • • •, • '· 3 Annual request for funding EHA will prepare an annual request for funding and services from the City. Their information needs to be presented when the City is preparing the annual budget. This is intended to provide Cowtcil with information about the past years housing program achievements and next year objectives. This process should help the City Cowicil understand the relationship between City neighborhood and housing policies and EHA housing goals. EHA may describe how the programs that they administer help to meet City goals and objectives. The feedback that EHA provides should be helpful to Cowtcil in determining future funding levels . Conflicts of interest are addressed in the agreement. Standards for avoiding conflicts are described such that Commissioners, Officers, employees and their relatives are not to participate financially in projects or properties, or materials related to City projects and programs. Commissioners violating the standards forfeit their office and employees violating the provisions are subject to disciplinary action up to and including dismissal. A Reimbunemeat Policy will be developed as an addendum to the agreement. Historically there has been an annual reimbursement of approximately $50,000 from EHA to Englewood for administrative services. The basis for the value of this reimbursement is currently unclear. In 1998 EHA and Englewood will develop a policy and amount for appropriate reimbursement. The billing cycle and payment terms will also be established in the Reimbursement Policy . The MiKellaaeous section includes standard contract provisions such as effective date and termination provisions, (30 days written notice required). The effects of federal and state laws arc discussed . The current agrccmcm is the document that governs the relationship between EHA and Englewood . Signatory and record keeping responsibilities arc discussed. Tbcrc arc mutual commitments not to discriminalc in hiring. firing. promotion and compensation. Liability issues arc discussed. The agrccmcnt is not transferable without written consent of the Olbcr party. Notice under the agreement must be provided to the Director of EHA or City Manager of City of Englewood. Attacllmeat A Attachment A estimates the costs of services which will be provided to EHA by the City of Englewood. The listed services arc reimbursable to the City on a monthly basis. . ' •, .. ,,, • • 0 1- - • 0 • Agreement 2 CDBG The Community Development Block Grant (CDBG) Agreement is divided into four topics: Purpose, City Obligations, EBA Obligations and Miscellaneous provisions. The Purpose of the Agreement is generally to improve communications between the parties so that we can effectively and collaboratively provide Community Development in the City of Englewood. Both parties are requesting increased project coordination. City Commitments Englewood is the recipient ofCDBG funds and makes the decision to apply for and allocate CDBG funds. EHA is one sub-recipient of Englewood for CDBG funds. Englewood is responsible to Arapahoe County for monitoring projects and programs funded with federal CDBG funds. Englewood is expressly reserving the right to decide on an annual basis whether to approve an EHA request for CDBG funds . Englewood is responsible for submitting the application for entitlement CDBG funds to Arapahoe County. Englewood pays EHA for administering CDBG funded programs. Englewood establishes the monthly fee that it will pay for administering programs. The agreement permits negotiating fees annually or for present year plus five additional one-year agreements. The City cannot be responsible for EHA cost ovenuns. Englewood may not provide additional funding to EHA to complete CDBG funded projects. EHA Commitmeall 4 EHA will provide both general descriptions of their programs and specific descriptions of each project . Project descriptions include budgets, timelines and other information necessary for the City to adequately monitor projects and program administration. The EHA acknowledges that funds must be committed and applied in a timely manner. ln extreme cases, the County could cancel the program and recover unexpended funds . The agreement requires that project reports be provided with requests for funds . In addition to the project reports provided with drawdown requests, there will be quarterly reports due within a month after the end of each quarter . Additional documentation may be requested , such as the official annual audit, financial statement, management letter and other records necessary for monitoring CDBG funded programs and projects. EHA staff administering CDBG funds are responsible for knowing and following CDBG program requirements and applicable laws . EHA responsibilities described in the agreement are also subject to state statutes and county ordinances, resolutions, rules and regulations . EHA is responsible for hiring staff to administer CDBG funded programs. . , •· • , ]- • • • '· ' ... 5 CDBG funds are designated for specific projects and activities. CDBG funds may only be expended by EHA for the approved projects and activities according to the City approved allocations. EHA may request changes in program funding or allocation from the City in writing. Responses to such requests must also be in writing. EHA is responsible for funding allocations to specific projects. Any cost overruns arc the responsibility of the EHA not the City . Disallowed expenditures are also EHA's responsibility. EHA must reimburse the County for the entire amount of any expenditure determined to be improper, inappropriate or ineligible. Program income from CDBG funded programs and received by EHA must be dispersed for approved CDBG activities before additional CDBG funds are requested. In administrating the Housing Rehabilitation Program where construction is involved, EHA is responsible for documenting proof of insurance. Insurance documents must include general liability, property, workman's compensation and auto. Additional documentation must be maintained for review by the City, County, and Federal government. The agreement commits EHA to coordinating with and providing timely reports to Englewood, Arapahoe County and to the Department of Housing and Urban Development upon request or as required to comply with program guidelines. EHA is also expected to coordinate with Englewood prior to applying for other grants . MiKellaaeom undenla•cli•p There arc several paragraphs that help to inlerpret the aa,eement in this final section. There are discussions of details such as when the apeement begins and ends, who can benefit from its provisions, who can sip it, and bow it can be modified. There is also TABOR type non-appropriation language. Contacts for each of the parties to the agreement are identified for purposes of official notification. Attadaaeat A The attachment provides that annual amount and monthly payment that Englewood has allocated for administration and associated expenlCS of CDBG funded activities. ---~--. • I • . .. .. • • 0 f __ .I -• • • '· Agreement 3, Project Build Englewood's Project Build was established in 1991 by the City with a General Fund allocation ofSS00,000 . Initially the program built one house annually for each S 100,000 of funding . Funds were used to acquire substandard houses. Substandard homes included basement homes, underutilized property and inadequately maintained homes. Project Build razes substandard homes then constructs new homes on the property. The new Project Build homes are required to be owner occupied. 6 The proposed agreement is intended to document rather than change the Project Build program. The Project Build Agreement anticipates continuing the existing relationship between Englewood and EHA but with improved clarity in goals and mutual commitments. Englewood establishes production goals and determines whether to provide program resources on an annual basis. EHA administers the program and reports on the use of program resources . There are currently over S 1 million in resources in the program, including the estimated values for property and houses in inventory. When Project Build properties sell , the proceeds of the sale are returned to the City General Fund. Net proceeds of Project Build house sales were positive for in the first few years of the program. House and land acquisition costs have increased substantially. Properties are requiring increasing subsidies to write down these acquisition costs in order to keep the price of completed Project Build homes competitive in the market. In 1991 the cost of funds and staff were the main cost of the program. For 1998 the cost of funds , staff and a direct subsidy to an individual homeowner are costs of the program. The proposed agreements permit this arrangement. 1be Project Build agreement requests progress and expenditure reports for the Council in order to make these explicit project costs . In addition to $500,000 1991 funding, Englewood City Council provided an additional $500,000 to Project Build in 1996 and designated $320,000 for business enhancements. All $500,000 was transferred to Project Build but the $320,000 was not reserved for business enhancements. The agreement proposes to correct this situation by transferring $320,000 to the business enhancement account . 1be enhancements include the Commercial and Industrial Property R~nvestment and Redevelopment Catalysts as approved by City Council. The City of Englewood and the Englewood Housing Authority are long standing partners on housing and neighborhood issues . These issues are important elements of the City of Englewood Comprehensive Plan. The 1979 Englewood Comprehensive Plan provided ··encouragement of redevelopment on the scattered lots throughout the City on which there are dilapidated structures."(p36) The Plan also encouraged "both new development and redevelopment of various housing types which will appeal to a variety of age and interest groups ." Five neighborhoods were identified in the 1969 Comprehensive Plan. The 1979 plan used the same neighborhoods and developed a plan for improvina housina conditions in each of the five neighborhoods . The Plan reports that the "Housing ,. -. , •. •· • 0 I I • 0 • 7 Authority and the Housing Division have concentrated efforts of the current rehabilitation program" (on sub-areas within each of the five neighborhoods). Planning for housing and neighborhoods involves developing policies and plans like the Comprehensive Plan. Implementing those policies and plans requires resources such as project funding, staff, equipment and expertise. The historical role of the Planning Department (now NBD) was to develop plans like the Comprehensive Plan. Planning then arranged with other departments or agencies, (such as EHA), to provide staff, equipment and expertise to administer programs. The Planning Department had a continuing role in programs by setting goals and objectives and evaluating project progress. Arrangements for Project Build have previously been informal. The proposed Agreement begins to formalize arrangements such as duties , commitments, powers, production goals and reporting requirements. The 1998 Project Build Agreement establishes two general goals for the program in the "Purpose" Section: I.) upgrade City blocks containing underutilized properties which are not feasible to rehabilitate; and, 2 .) increase the percentage of owner occupied dwellings . City Obligations includes seven statements of what the City will do in conjunction with the Project Build program. Obligations include providing Project Build Goals and Objectives. Under the agreement the City Council retains the authority to decide whether to fund the program on an annual basis. There are cross references to the City Charter which has certain restrictions on the purchase and sales of public property . Englewood retains the right to inspect projects and project records to assure timely performance . EHA Obliptions include eleven expectations. There are policy and administrative expectations. EHA identifies appropriate locations for Project Build projects. Projects are required to meet program objectives, budgets, timetables and reporting. EHA is expected to confer with Englewood on matters such as housing policies, priorities, and funding requests . EHA is to provide monthly reports on Project Build to the City . It is expected that adequate project records will be kept and made available to the city upon request . The proposed agreement anticipates ongoing dialogue with the City and formalizing changes to approved projects in writing. The proposed agreement provides guidance on matters related to construction bid process and real estate sale requirements consistent with City procedures . The agreement also contains information related to contractor and homeowner responsibilities under the Project Build program . The City has expectations for an open bid process and that contractors working on Project Build projects be properly licensed and insured. EHA must solicit bids from qualified contractors. Contractors must be licensed in Englewood and carry appropriate liability, property, auto, and workman 's compensation insurance . There are requirements that Englewood wants EHA to pass through to purchasers of Project Build homes. Those requirements relate to the City goal of increasing the number of owner occupied homes in Englewood . ,. - . ' ,,, •· • , J- • • • Attachment A The attachment identifies the amount that Englewood will provide for Project Build program administration for 1998. This may include salaries, supplies, equipment and other expenses necessary to administering the program. 8 ,,_ . , • . • • 0 • "' - • «• -' <, COUNCIL COMMUNICATION Date Agendaltem Subieet Intergovernmental Agreement with EHA regarding Community Development Block January 5, 1998 11 a i1 Grant Funds Ill Initiated By Staff Source Mark Graham Neighborhood and Business Development Office Neighborhood Community Coordinator COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Providing decent housing in safe neighborhoods and expanding economic opportunities for Englewood citizens. No previous council action has been taken on this issue . RECOMMENDED ACTION Staff recommends that City Council approve the Ordinance authorizing an Intergovernmental Agreement (IGA) between City of Englewood and the Englewood Housing Authority for the purpose of clarifying responsibilities related to the Community Development Block Grant (CDBG) funds . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The proposed ordinance is intended to clarify and strengthen the existing relationship between the City and the EHA. The contract provides for clarity in obligations and evaluation opportunities. Englewood participates with three other Cities and the un-incorporated portions of Arapahoe County in the community Development Block Grant (COBG) program administered by the U.S. Department of Housing and Urban Development (HUD). COBG provides flexible funding for client benefit and area benefit activities. City of Englewood receives an entlllement share of approximately $215,000 annually, which traditionally provides resources to the Englewood housing Authority for providing housing rehabilitation loans to moderate income households in Englewood. The Englewood Housing Authority provides the staff administering programs. The City provides services to EHA such as policy analysis, accounting, payroll and others. The prapoeed Intergovernmental Agreement would be a continuing contract describing the respective reeponaibilltie of the parties to the agreement. FINANCIAL IMPACT UST OF ATTACHMENTS Proposed Bill for Ordinance ' ' • ' .. • • 0 , lv I ORDINANCE NO. _ SERIES OF 1998 ·, • • • .. BY AUTHORITY ........ Ill OIIDINANCS AIJTIIOIIIZDfO .AN Dl'l'DOOVDNIIBNAL AGUBMBNT 1!:NTITLED "AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE --...000 IIOOSING AUTII08ITY BmAllDDfG C.D.B.G. PUNDS• !IEi WEEN THE ENGLEWOOD HOUSING AUTHORITY AND THE CITY OF -..WOOD, COLOIIADO. WHEREAS, the purpoae of this intergovernmental agreement is to clarify the relationship between the City of Englewood and the Englewood Housing Authority with respect to the Community Development Block Grant Program (CDBG) such that the parties may enhance the development of viable urban communities by providing decent housing, a suitable living environment and expanding economic opportunities for the citizens of Englewood; and WHEREAS, required approval, clearance and coordination haa been accomplished from and with appropriate funding agencies; and WHEREAS, the City and the EHA conaider it to be in their mutual interest to cooperate in the delivery of housing services to Englewood citizens; and WHEREAS, the City and the EHA deaire to aet forth their respective obligationa, duties and powers with respect to CDBG Funds; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Soc;t;im 1. The Intergovernmental Apeement entitled ·AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD HOUSING AUTHORITY REGARDING C.D.B.G. FUNDS", attached hereto u "Exhibit l." is hereby accept.ed and approved by the Englewood City Council. 5ect;icw, 2. The City Mana,er ia authorized to uecute and the City Clerk to attest and seal the Intergovernmental Agreement for and on behalf of the City of Eqlewood, Colorado. Sec;ticw, 3 . The attached Intergovernmental Agreement shall be effective March 1, 1998. Introduced, read in full, and paued on tint read.inc on the 5th day of January, 1998. -1- "' -. , ' .. • • 0 I I )- - • • • . . Publillbed u a Bill for an Ordinance on the 9th day of Janwuy, 1998. Thomas J. Burna, Mayor ATTEST: Loucriahia A. Ellia, City Clerk I, Louc:riabia A. Ellia, City Clerk of the City ofEql-oocl, Colorado, hereby certify that the above and forepiDg ia a true copy of a Bill for an Ontinance, introduced, read in full, and puaed on lint readinc on the 5th day of Janwuy, 1998. Loucriahia A. Ellia -2- . . • . , • . • • 0 I I -----------------------------------c-,,--------------------.-• 0 • - AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD HOUSING AUTHORITY REGARDING C .D .B.G. FUNDS Thia 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 1 of Title 29, C .R.S . 1986 of the State of Colorado (herein called "EHA ·> for the conduct of a Community Development Block Grant Project (herein called "CDBG") for program year 1998. WHEREAS, required approval, clearance and coordination baa been accompliahed from and with appropriate agencies; and WHEREAS, the City and the EHA consider it to be in their mutual interest to cooperate in the delivery of housing services to Englewood citizens; and WHEREAS, the City and the EHA desire to set forth their respective obligations, duties and powers with respect to CDBG Funds; SECTION ONE PURPOSE The purpose of this agreement is to clarify the relationship between the City of Englewood and the Englewood Housing Authority with respect to the Community Development Block Grant Program such that the parties may effect the development of viable urban communities, by providing decent houaiq, a suitable livinc environment and mcpanding economic opportunities for the citizens of Enelewood. SECTION TWO CITY OBLIGATIONS The City aball have the followinc reapomibilitiea, duti•, and powen with respect to the EHA under the C .D .B .G . funded procram: 1 . Tbe City, upon req..t of the EHA, llhall decide wti.ther to apply for CBDG funds for EHA projecta. 2 . Tbe City aball have ultimate lupeniaory and lldminiatrative l"NpCID&ibility for the apenditure al the funda allocated b CDBG prajecta and pra;ect activities. 3 . Tbe City~ the right to approve or diaapproft m ERA requNt for CDBG fuad i ar. ,. The City llhall be reapoaaible for submittiq, to die~ c-ty'1 ltouiq and C-.anity Development Servicee Di'riaioD ONnia -c-ty"), ~tatian in the form required by that diYiaiaa wllidl praparty and fully idmti6a die ._t al COBO funda that tbe City iii raq sic¢ at dlat time. ' --: ' ,.., t .. • • 0 - 1 • 0 • <. 5. The City shall pay EHA for administrative services provided by EHA in acquiring and disbursing C .D.B.G. funds for a monthly fee as established by the City in Attachment A. Five additional one (1) year periods for these fees may be negotiated by the City Manager or his/her designee. 6.6 . The City shall not be liable or resporurible for cost overruns by the EHA on any CDBG projects or activities. The City shall have no duty or obligation to provide any additional funding to the EHA if ita CDBG projects or activities cannot be completed with the funds allocated by the City to the EHA. SECTION THREE EHA OBLIGATIONS The EHA shall have the following responsibilities, duties, and powers with respect to the City and under the CDBG funded programe: 1. The EHA, along with a CDBG project proposal, shall give the City a deecription 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 EHA shall comply with the timetable for completion of the projects. The EHA understands that failure to comply with the timetable may lead to a cancellation of the project and a lou of all unexpended funds, unlesa the County determines that there are enenuating circumstances beyond the EHA's control and that the projects will be completed within a reasonable length of time. The timetable shall begin to run upon the County providing written notification to the City to proceed with the project. 2 . An EHA drawdown request for CDBG funds shall include procr.a reporta for the period for which payment ii being requested. Drawdowna shall be done on a consistent basis correlating with project program. 3 . Quarterly project report. shall be due within thirty days following the end of each quarter (March 31, June 30, September 30, December 31) until the Project ii completed . 4 . The official annual audit and/or financial atatementa and the auditor'• management letter, if applicable, for the EHA which includes both revenuea and expenditures for the CDBG Projects shall be provided to the City annually, not later than June 30th oC each year. 5 . The EHA shall be reaponaible for the expenditure of the funds allocated to the EHA for ita projecta or activities and for the comtruction or performance of ita projects or activitiea in compliance with all applicable Federal lawa and the requirement. of the CDBG Prop-am and any CDBG program grantee agreement, to which the city ii a party, a copy of which ii provided to EHA herewith. 6 . All CDBG fundl that are identified for the EHA'11pecific projecta and activities described and lilted in the grant qreementa shall be uaed and expended by the EHA only for the projects and activitiee for which the fundl are identified . 2 . . .. ., •· • 0 , 2 • 1-• • ·, • .. • 7. No projects or activities, nor the amount allocated therefor, may be changed by the EHA without prior approval of the City. All requested changes must be submitted in writing to the City. 8 . The EHA agrees that all funds allocated to it for an approved CDBG project or activity shall be uaed solely for the purposes approved by the City. Said funds shall not be uaed for any non-approved purposes. 9 . The EHA agrees that the funds allocated for any approved CDBG projects or activities shall be sufficient to complete said projects or activities without any additional COBG funding. ... 10. Any project cost overruns shall be the sole responsibility of the EHA. 11. If the EHA's COBO projects involves construction activities, any contractor -itt IT uses for said activities shall be required to provide and maintain, until final acceptance by the City of all work by such contractor, general liability and property insurance in an amount not less than $100,000 by the contractor and to provide and maintain automobile liability insurance and workmen's compensation insurance AS required by Colorado law. Proof of such insurance shall be provided to the EHA. 12. The EHA shall maintain e complete records documenting its use of COBO funds and its supervision and administration of the Project. The EHA shall provide full access to these records to the City, the County, the Secretary of HUD or hia designee, the Office of Inapector General, and the General Accounting Office so that compliance with federal laws and regulations may be confirmed. The EHA further agrees to provide to the City, and the County upon request, a copy of any audit reports pertaining to the EBA'• financial operations during the term of this agreement. 13 . The EBA shall file all reports and other information neceuary to comply with applicable federal laws and regulatioaa u required by the County and HUD. Thia shall include providinc to the County the infmmation ~ to complete annual Grantee Performance Reporta in a timely fashion. 14. The EBA shall submit documentation to the City in the form required by the City which properly and fully identifies the amount of CDBG funds which the EBA ii requesting at that time. 15. All respoDBibilities of the EBA enumerated herein shall be subject to applicable state statutes and county ordinances, re10lutioaa, rules, and regulatioaa . • 16. If it ia determined by HUD or other federal apncy that the u.penditure, in whole or in part, for the EBA'• project or activity wu improper, inappropriate or ineligible for reimbursement, then the EBA shall reimbune the County to the full enent of the dilallowance. 17 . The EHA shall coDBult with the City through the City Manapr or his desipee • • • on iuues affectin, the COBO Procram such u other rrant procram1, prior to its application for any such proeram. 18. The EBA Director shall hire EBA employees involved with the CDBG funded programs. 0 3 • •. h ·, - ,. 19. All program income derived from the CDBG Rehab Program received by the EHA will be retained by EHA and will be diapened for its approved CDBG project activities before additional CDBG funds are requested. SECTION FOUR MISCELLANEOUS 1 . The term of tbia A,reement ahall begin on the date of the City Council approval (the "effective date"), u evidenced by the date first written above and shall continue until tbia Agreement ia terminated u aet forth herein. 2. Thia Agreement ia subject to such modificationa u may be required by changes in federal or state law, or their implementing regulationa. Any such required modification ahall automatically be incorporated into and be part of tbia Agreement on the effective date of such change u if fully aet forth herein. 3 . Thia Agreement ia intended u 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 ahall have any force or effect unleu embodied in a written supplemental contract which hu been properly uecuted. All previous CDBG agreements between.the City and EHA concerning the CDBG program are void and tbia Agreement ahall govern the relationahip between the City and the EHA for the CDBG Program. 4 . To the atent that tbia Agreement may be eucuted and performance of the obliptiooa of the partiN may be accompliahecl within the intent at the Acreement. the terms of tbia Acreement are severable, and llhould any term or provision hereof be cleclared invalid or become inoperative for any reuan, auch invalidity or failure ahall not aft'ect the validity at any other term ar pro,,iaion hereof. The waiver of any breach of a term hereof' lball aat be camtrued u a waiver at any other term, or the ume term upon aubaequent bnecb. 5 . It ia uprwly unclentood and ap'Nd that enhwt at the terma and conditiona of tbia Agreement, and all ripta at action relatia, to auch enforcement, lball be mictly ~ to the City and the EBA, and nothing CG1tainecl in tbia ApMment abaU live or allow any auch claim ar ript of action by any other or third penon on IUCb All-t. It ia the apraa intention at the City and the EBA that any ,--other than the City ar the EBA receivinc aervicea or beneftta under tbia Ap-Nment lball be dNmecl to be an incidental beneficiary only. 4 . , .. • • 0 ' - I 1 ~ t 1 , I - - • • • • I• . • ' (. ... 6 . Either party to this Agreement may terminate the Agreement by giving to the other 30 days notice in writing with or without good came shown. Upon delivery of such notice and upon expiration of the 30 days 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, ahowing in detail the aervices performed under the Agreement to the date of termination. In the event that the Unit of Local Government ahould 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. Further, this ~ent may be IIU8peDded or terminated by the City if the EHA materially fails to comply with any term of this agreement. 7. Each party ahall promptly pay that proportion of the prescribed charges which the services actually performed under the Acr-ment bear to the total services called for under the Agreement, leBB such payments on account of the charges which have been previously made. 8 . Each party represents and warrants that it has taken all actiODB that are neceaaary or that are required by its procedures, bylaws, or applicable law, to legally authorize the undersigned signatory to e:a:ecute this Agreement on behalf of the party and to bind the party to its terms. 9 . The City of Englewood and the EHA agree that they shall not to refuse to hire, discharge, promote or demote or diacriminate in any matter of compensation; performance of services or otherwise, against persona otherwise qualified solely became of race, creed, se:a:, color, national oripn or anceatry. JO The parties agree that they will include in every contract they enter, which relies upon CDBG monies for funding, a non-appropriation clauae that will protect the parties to this agreement and the County from any liability or responsibility or any auit which might result from the diacontinuance of CDBG fundinc for any reuon. 11 . The City of. En,lewood and the EHA u well u the -ployees and apnta of each entity aball be cauidered separate entities for all pw"pN88 of this Apeement. 12 . The City ol Enclewood and the EHA will establiab aafecuarda to prohibit their _..,,_, as-ta, or servants &om uaiq this Acr-ment for any purpoae wbicb ca-or lends itself to create an appearance of impropriety. Said _,..,,_, as-ta or NrVanta ahall not 8Nk any penonal benefits or private piD far tbemNlfla, their families, or others. 13 . Eada party acr-that it ahall not uaip or transfer its interest in this All t widaaut the writ&en coment olthe other party. Any unauthorized -•--• or tnnafs ahall render this A,reement null, void and of no effect. 5 ,-.... __ ._,. -' II - . ' .. •· • 0 I I )- • • • (, 14. Any notice to be pven hereunder shall be deemed given when aent by n,giaterecl or certified mail to the addrelaN below: Director Eql-ood Bousinc Autbarity 3'00 s . Blati St. Bapewoocl, Colorado 80110 City Manapr City m Enclewood 3'00 s. Blati St. Enclewood, Colorado 80110 15. NCJthins bereiD shall be camtrued u c:reatinc any pel'IIODal liability CID the put of any officer or qmt many public body which may be party hereto. 16. Tbe a,reement shall be curied out in accordance witb the lawa of the Stat.e of Colorado and all applicable federal laws and regulations, and all local laws, ordinancea ud re,ulatiom. IN WITNESS WHEREOF, tbe putiea bent.a have uecuted this A,rNment the day and year tint above written. ATTEST: Loucriahia A. Ellia, City Clerk ATTEST: Secretary CITY OF ENGLEWOOD, COLORADO Guy Seara, City Manapr ENGLEWOOD HOUSING AUTHORITY Cheryl St. Clair, Director 6 " -. • l • . .. • • 0 , --. -• • • • '· A'M'ACHMENT A C.D.B.G. Annual qreement for payment by the city to the EHA for aervicee rendered by the EHA for adminiateriDc C.D.B.G. and Project Build for the year 1998. Annual Adminiatrative Coate $171,950.00 Thia amount lhall be paid in monthly payments of $14,329.17. 7 . , • . .. • • 0 f __ I J-- • • • • 0 • I!ITERGOVERNMENTAL COOPBRATION AGREEHElf'r ARAPAHOE COONTY, COLORADO CITY OP DIGI.DOOD, COLORADO RELATZBG TO 'l'JIJl COJIDOCT OP COIOltJVZTY DBVBI.OPMDT BLOCX GRAll'l' PROGJlAKS POR HDERAL PUCAL YDJlS 1995 TJIROO~ ffl7 THIS AGREEMENT is entered into and shall be effective as of ~ :Z,.b , 1994, by and bet·.een Arapahoe County, Colorado (~County"), a body corporate and politic of t.~e State of Colorado, and the City of Englewood (the "City"), a municipal corporation of the state of Colorado located in Arapahoe County. RECITALS A. In 1974 the U.S. Congress enacted the Housing and Community Development Act of 1974, as since amended (42 u.s.c. 5301 et seq.) l"HCDA"), permitting and providing for the participation of the United States government in a wide range of local housing and community development activities and programs under Title I of HCDA which activities and programs are administered by the U.S. Depart:llent of Housing and Urban Development ("HUD"); and the Home Investment Partnerships Program £"HOME") was enacted und•r Title II C42 u.s.c. 12101-12839) of the eranstan-<;onzalez National Affordable Housing Act l"NAHA"l which activities and programs are administered by HUD; 8. The primary objective of Title I of HCDA is the development of viable urban communities, by providing decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low and moderate income, and the primary objective of the HOME program is to expand the supply of decent, safe, sanitary and affordable housing tor low and moderate income Am•ricans. These objectives are to be accomplished by the federal government providing financial assistance pursuant to HCDA and NAHA in the form of community Development Block Grant ("CDBG") funds and HOME funds to the state and local governments to be used in the conduct and administration of housing and community development activities and projects as contemplated by the primary objectives of the CDBG and HOME Programs; 1 • ...... •· • 0 f -• • • • C. To implement the policies, objectives and other provision of HCDA and NAHA, HtJD has issued rules and regulations governing the conduct of CDBG programs, published in 24 Code of Federal Regulations (CFR), Part 570 (the "Regulations"), which regulations provide that a county may qualify as an "urban county", as defined in Section 570.3 of the regulations, and thereby become eligible to receive entitlement grants from HUD for the conduct of CDBG and HOME Programs as an urban county and that cities and other units of general local governments in the same metropolitan statistical area that do not or cannot qualify for separate entitlement grants may be included as a part of the urban county by entering. into cooperation agreement with the urban county in accordance with the requirements of the Regulations; D. The County has heretofore qualified under the Regulation• as an "urban county" and will receive COBG and HOME funds from HUD by annual grant agreements, and all participating Municipalities located in the County which do not receive separate community development entitlement grants have been included as a part of the County in its CDBG Programs; E. In 1981, and again since then, HtJD amended the Regulations, pursuant to amendments of HCDA, revising the qualification period for urban counties by providing that the qualification by HUD of an urban county shall remain effective for three auccasaive federal fiscal year• regardless of change• in its population during that period, except for failure of an urban county to receive a grant during any year of that period, and alao providing that during the three year period of qualification, no included city or other unit of general local government may withdraw from nor be ruaoved froa the urban county for HUD'• grant computation purpoaes, and no city or other unit of general local govarnaant covering an additional area may be added to the urban county during that thrH-year period except in tha caaa where a city or other unit lo••• its deaignation a• a aetropolitan city; F. In l.12J., the county is suJ:nlitting to HOD the required doc:umentation to qualify a• an urban county, pursuant to section 570.307 of the regulations, ao as to becoae eligible to receive annual CDBG and HOME fund• for the next three Program Years from Federal Fiscal Years 1995, 199§, and 1997 appropriations, and if the City approve• and authorize• thi• agreement, an executed copy thereof will be included in the docUJDentation for this ensuing period of qualification and, if the county qualifies, the City will thereby be included as a part of the urban county and be eligible to participate in the County's COBG and HQMI Program• for the next three Program Years; 2 •. • • , • 0 I • • G. The County recognizes and understands that it does not have independent legal authority to conduct some kinds of community development and housing assistance activities within the boundaries of the City and therefore, its ability to conduct the CDBG and HOME Program in the City is limited by the requirement that it must obtain permission from the City to perform some of those activities therein, and accordingly, in order for the City to be considered a part of the urban county and be included in the County's annual request to HUD for CDBG and HOME funds, it is required by the Regulations t.~at the City and the County enter into a cooperation agreement whereby the City authorizes the County to undertake or to assist in undertaking essential community development and housing assistance activities within the City as may be specified in the "Consolidated Plan" to be submitted to HUD annually by the county to receive its annual CDBG and HOME entitlement grant; H. Under general provisions of Colorado law governing contracting bat.een governmental entities and by virtue of specific authority granted in Part 2 of Article I of Title 29, C.R.S., any t.o or more political subdivisions of the state may enter into agreements with one another for joint cooperative action and any one or more political subdivisions may contract with another or with a legal or administrative entity created pursuant to that act to perfor:n any governmental service, activity or undertaking which each political subdivision entering into the contract is authorized by law to perform, and I. Accordingly, the parties hereto have determined that it will be mutually beneficial and in the public interest of both parties to enter into this intergovernmental cooperation agreement regarding the conduct of the County's CDBG AD4 HQME Programs, THEREFORE, in consideration of the premises and cooperative actions contemplated hereunder, the parties agree as follows: 1. By entering into this intergovernmental cooperation agreement with the County, the City shall be included as a part of urban Arapahoe County for qualification and grant calculation purposes upon the qualification by HUD of the County to receive CDBG and HOME Program entitlements as an urban county for the next three successive Program Years, January l, J3.22 through December 31, ~-As provided in Section 570.307 of the Regulations, the qualification of the county as an urban county shall remain effective for three successive federal fiscal years regardless of changes in its population during that period of time and the parties agree that the City may not withdraw from nor be removed from inclusion in the urban county for HUD'• grant computation 3 "' - •. ... I· • 0 , J- • • 0 I• • purposes during the period of qualification. A fully executed copy of this cooperation agreement, together with the approving resolutions of both the City and the county, shall be submitted to HUD by the County as part of its qualification documentation and the City does hereby give the County the authority to carry out COBG and HOME Program activities and projects which will be funded from annual CO block grants and HOME funds from federal fiscal years~ 1996, and 1997 appropriations and from any Program income generated from the expenditures of those funds. 2. The City and the County agree to, and shall cooperate in, the preparation of detailed CDBG and HOME Program activities and projects to be conducted or performed in the City during each of the three program years covered by this Agreement and these finalized activities and projects will be included in the County's Consolidated Plan and requests for funds for those program years. The City understands and agrees, however that the County shall have final responsibility for selec~ing the program activities and projects to be included in each annual grant request and for filing the Consolidated Plan with HUD on an annual basis. J. The parties recognize and understand that the County, as a qualified urban county, will be the entity required to exec-~te all grant agreements received from Hu"D pursuant to the county's annual request for COBG and HOME Program funds and that as the grantee under the COBG and HOME Program it will be held by Hu-0 to be legally liable and responsible for the overall administration and performance of t.~e annual COBG and HOME Programs, including the projects and activities to be conducted in the City. Accordingly, the City agrees that as to all projects and activities performed or conducted in the City under any CO grant agreement received by the County which includes the City, that the County shall have the ultimate supervisory and administrative control. ,. The City shall cooperate fully with the County in all COBG and HOME Program efforts planned and performed hereunder and does hereby allow and permit the County to undertake or assist in undertaking essential co111111unity development and housing assistance activities within the City as may be . approved and authorized in the County's agreements, including the Consolidatad Plan. The City and the County also agree to cooperate to undertake , or assist in undertaking, co111111unity renewal and lower income housing assistance activities, specifically urban renewal and publicly assisted housing, as they may be planned and specified in the County's Consolidated Plan submitted annually to HUD for the three Program years specified herein and for such additional time as may be required for the 4 • ,. - • . •· • t ...... • • 0 • expenditure of CDBG funds granted by the County for such activities. ~ Pursuant to 24 CfR 570.501<bl, the citv is subject to the same requirements applicable to subrecipients, including the requirement of a written agreement as set forth in 24 cFR 570.503. 6. The City understands that pursuant to Section 570.SOJ of the Regulations, it will be necessary for the City to enter into separate project agreamants or sul:l-grants in writing with the County with respect to the actual conduct of the projects and activities approved for performance in the City for the three CDBG Program years covered by this cooperation agreement and that tha funds designated in the County's Consolidated Plan for those projects and activities will also be funded to the City under those separate project agreements or sub-grants. Subject to the provisions of Paragraph J above, the City will administer and control the performance of t.~e projects and activities specified in those separate project agreements, and will be responsible for the expenditure of the funds allocated for each such project or activity and will conduct and perform the projects and activities in compliance with the Regulations and all other applicable federal laws and requirements relating to the CDBG Program. The City also understands and agrees t.~at it shall also c9mply with the requirements of Section 570.SOJ prior to disbursing any CDBG funds to a subrecipient of the City. 7. 8. All CDBG Program funds that are approved by HUD for expenditure under the County's grant agreements for the three Program years covered by this Agreement, including those t.~at are identified for projects and activities in the City, will be budgeted and allocated to the specific projects and activities described and listed in the County's consolidated Plan sul:lmitted annually to HUD and those allocated funds shall be used and expended only for the projects or activities to which the funds are identified. No project or activity nor the amount allocated therefor aay be changed, modified, substituted or deleted by the City with respect to any project or activity without the prior written approval of the County and the approval of HOD when that approval is required by the regulations. Because the City will be included as part of urban Arapahoe county for the three CDBG Program Years covered by this Cooperation Agreement, it will do all things that are appropriate and requi red of it to comply with the applicable provisions of the grant agreements received by the County from HUD in which the City is included, and with the provisions of HCDA and NAHA and all Rules and Regulations, 5 • ,- \ •· • 0 ' J- • • • • guidelines, circulars, and other requisites promulgated by the various federal departments, agencies, administrations and commissions relating to the CDBG and HOME Programs. In addition, the City and the County shall each take all actions necessary to assure compliance with the certification required of the County by Section 104(b) of Title I of~ including the National Environmental Policy Act of 1969, Title VI of the Civil Rights Act of 1964, Title Vl:II of the Civil Rights Act of 196a, the Fair Housing Act, Section 109 of Title I of Hs=l2A and other laws applicable to the conduct of the CDBG Program. In addition, the parties hereto understand and agree that t.~e County may not provide any CDBG funding for activities in, or in support of the City, if the City does not affirmatively further fair housing within its jurisdiction or impedes the County's actions to comply with its fair housing certification. ~ The citv had adopted and is enforcing a policy of prohibiting the use of excessive force by law •nforcament agencies within its jurisdiction agains; any individuals engaged in non-violent civil rights demonstrations; and a policy ot enforcing applicable state and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within jurisdictions. 10. During the period of performance of this agreement as provided in Paragraph 10 below the City shall: (a) Infor:n the County of any income generated by the expenditure of CDBG Program funds received by the City; (b) pay over to the County any Program Incoae received by the City, or retain and use t!lat Program Incoae aubjec:t to, and in accordance with, the requir-ents and provisions of the separate CD project agre ... nts that will be entered into bat-~een the City and the County for the actual conduct of the CDBG Program; (c) Use any Program Income the City is authorized by the County to retain only for eligible activities in accordance with all CDBG Program requirements as aay then apply and as will be specifically provided for in the separate CD project agreements between the City and the county; (d) Keep appropriate records regarding the receipt of, uae of, or disposition of all Program Income and aake reports therein to the County as will be required under the separate CD project agreements between the City and the County, and 6 ,,, - • • 0 , • • • • 0 • (e) Pay over to the County any Program Income that may be on hand in the event of close-out or change in status of the City or that may be received subsequent to the close-out or change in status as will be provided for in the separate CD project agreements mentioned above. ll. The separate CD project agreements or sub-grants that will be entered into bet~een the County and the City for the conduct of the CDBG Program, as mentioned and referred to elsewhere in this agreement, shall include provisions setting forth the standards which shall apply to any real property acquired or improved by the City in whole or in part, using CDBG or HOME Program Funds. These standards will require the City to: (a) Notify the County in a timely manner of any modification or change in the use of that property from that which was planned at the time of the acquisition or improvement and this notice requirement shall include any disposition of such property. (b) Rei:nburse the County in an amount equal to the currant fair market value of property acquired or improved with CDBG or HOME funds (less any portion thereof attributable to expenditures of non-CDBG funds) that is sold or transferred for a use which does not qualify under the Regulations, and (c) Pay over to the county any Program Income that is generated from the disposition or transfer of property either prior to, or subsequent to, any close-out, change of status or ter,aination of this cooperation agreement that is applicable. ~ The city, by execution of this 1sr11ment und1rstands that it mav not apply for grants und•r th• ..,.11 citi1s or stat• cpec Programs for appropriations for fiscal y1ar1 during th• P9riod in which it is participating in th• urban ~ounty'• cpec Program; and may not participot• in a HOKE conaortiUJI 1xcept through the urban county. r19ard111• of wh1th1r th• urban county receiv11 1 HOKE formula allocation, 13. The period of performance of this Agreement shall cover three CDBG Program years consisting of the County's 1st, 2nd, and 3rd Program Years beginning January l, ~ and ending December 31, J.i22. As stated herein, however, this Agreement is intended to cover activities to be carried out with annual co Block Grants and HOME funds from Federal Fiscal Years 1995. 199§ and 1997 appropriations and shall be and remain in full force and effect until all projects and 7 •. ... •· • 0 ' • 0 • activities approved and authorized to be perforll!ed and funded for those fiscal years have been completed. 14. Any changes and modifications to this Agreement shall be made in writing, and shall be executed by both parties prior to the perfor:nance of any work or activity involved in the change and the approved by HUD if necessary to comply with the Regulations. 15. (a) This Agreement shall be and remain in force and effect for the period of perfol"lllance specified in Paragraph 13 hereof and, when t.~e County has been qualified by HUD as an urban county, neither the County nor the City may ter:11inate t.~is agreement or withdraw therefrom during that period of perfol"lllance; provided, however, if the County fails to qualify as an urban county or does not receive a CD grant in any year of the three Program Years for which it has qualified, or if any federal legislation should change the qualification or entitlement status of the County or City, either party may ter:ninate this agreement or withdraw therefrom . ..OU. This agreement will be automatically renewed tor par;icipation in successive three-year qualification periods. unless the county or city provides written notice it elects not to participate in a new qualification period, A copy ot such notice must be mailed to the HYP ottice, Denver. Th• county will notify the city in writing of its right to d•cid• to participate or not bv th• dat• specified in HQD'• urban county qualification notice, The county will send a copv of its notification to th• HQD offices in P•nyar • .Lcl. failure bv eith•r party to adopt amendments to this agreement incorporating a11 changes n1c1ssary to ... t the requirements for cooperation aqr11m1nts sat forth in the urban county qualification notice applicable for a subsequent thr•• year period. and submittal of •aid amendment to HUP as provided in th• urban county qualification notic• will void the automatic reneyal Pt such qualification period, (d) If the county qualifies as an urban county and the City is included, during the three Program Years for which the County has qualified, the parties agree not to veto or otherw i se obstruct the implementation of the approved consolidated Plan during that three year per i od and for such additional time as may be required for the expenditure of funds granted for that period. 8 • • , J- • • • - . ' \" IN WITNESS WHEREOF, the parties hereto have caused this agreement to be duly authorized and executed by each on the data speci~ied as follows: A'lTEST: ' .... ,. - ' ( • . • • 0 • • I• • (, AKDDKDT HO. _QB__ TO THE INTERGOVERNMENTAL COOPERATION AGREEMENT BETWEEN ARAPAHOE COUNTY, COLORADO AND CITY OF ENGLEWOOD RELATING TO THE CONDUCT OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND HOME PARTNERSHIP FUND PROGRAM FOR FEDERAL FISCAL YEARS 1998 THROUGH 2000 This AMENDMENT NO. ....QHL made this $""'-:+t, day of ~ rt , 1991-. by and between City of Englewood ("City") anct e Board of County Commissioners of Arapahoe County, Colorado ("County"). WHEREAS, the City agreed to participate with the County in the Community Development Block Grant Program (CDBG) and the HOME Partnership Fund Program (HOME) and entered into an Intergovernmental Agreement (Agreement) with County, dated July 26, 1994; and WHEREAS, according to the ter1111 of the Agreement, an autoaatic extension can be issued, unless written notification is received by the City, to extend the life of the Agreement for CDBG and HOME grant years through 1998, 1999 and 2000. NOW, THEREFORE, for the autual consideration of the parties, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree aa follows: City and County agree to extend the tera of the Agreement for the next Urban County qualification period, grant year~ 1998, 1999 and 2000. All other terms, conditions and sections of the original Intergovernmental Agreement dated July 26, 1994 and any previous aaendaent not inconsistent with this Aaendaent No. One are reaffirmed and incorporated herein by this reference. . ' •· • 0 ' • • • '· In Witness Whereof, the Parties have caused this AMENDMENT to be duly executed this ~ day of PnJau .If' , 1997. Attest: Board of County Coaaissioners Arapahoe county, Colorado ·city of Englewood Title Interim City Manager ------ . ' .. • • • 0 f __ .. I J - • • t• . • ' Rlecklfne CDQG QriP!el AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD HOUSING AUTHORITY REGARDING C.D.B.G. FUNDS 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 Enclewood Housing Authority, a body politic and corporate, under Part 2 of Article 1 of Title 29, C.R.S. 1986 of the State of Colorado (herein called "EHA") for the conduct ofa Ct'm.munity Development Block Grant Project (herein called "CDBG") for program year 1998. WHEREAS, required approval, clearance and coordination hu been accomplished from and with appropriate agencies; and WHEREAS, the City and the EHA coDBider it to be in their mutual interest to cooperate in the delivery of housing services to Englewood citizens; and WHEREAS, the City and the EHA desire to set forth their respective obligations, duties and powers with respect to CDBG Funds; SECTION ONE PURPOSE The purpose of this agreement iB to clarify the relationship between the City of Englewood and the Englewood Housing Authority with respect to the Community Development Block Grant Program such that the parties may effect the development of viable urban communities, by providing decent housing, a suitable living environment and expanding economic opportunities for the citizens of Englewood. SECTION TWO CITY OBLIGATIONS The City Bhall have the following J'ellJ)OIWbilitiel, duties, and powen with l'9lpect to the EHAIG&BG UNDER THE C .D.B.G. FUNDED PROGRAM: 1 . The City, upon req..t of the EHA. lhall decide whether to apply for CBDG funds for EHA projecta . 2 . The City lhall have ultimate 1uperviaory and adminiatrative responaibility for the expenditure of the funda allocated for CDBG projecta and project activities. 3 . The City raervea the right to approve or diaapprove an EHA requeat for CDBG funding . 4 . The City lhall be rNJICIDlible for 1ubmittiq, to the Arapahoe County', Houain( and Community Development Servic• Diviaion (herein "County"), documentation in the form required by that diviaion which properly and fully identifiea the amount of COBO funda that the City ii reqUNtinf at that time. ' ,,. ~ .. • • 0 , ? I • • • 5 . THE CITY SHALL PAY EHA FOR ADMINISTRATIVE SERVICES PROVIDED BY EHA IN ACQUIRING AND DISBURSING C.D .B.G. FUNDS FOR A MONTHLY FEE AS ESTABLISHED BY THE CITY IN ATTACHMENT A. FIVE ADDITIONAL ONE (1) YEAR PERIODS FOR THESE FEES MAY BE NEGOTIATED BY THE CITY MANAGER OR HIS DESIGNEE. 5. 6 . The City shall not be liable or responsible for coat overruns by the EHA on any CDBG projects or activities. The City shall have no duty or obligation to provide any additional funding to the EHA if its CDBG projects or activities cannot be completed with the funds allocated by the City to the EHA. 8 . 7 . 1'he Gi., wiH ma, a11ppel'i tee GBB6 ae4i rieiea af tl!.e eha with Nlltle iB -_11_..., lie lle_._.ell 11J tee Gity 611-eil. Saie -IIIIM.., l,e apprapriakll -n11all, a,, reaelllftllll . SECTION THREE EHA OBLIGATIONS The EHA shall have the following responsibilities, duties, and powers with respect to the City and UNDER THE CDBG funded prograJD1t: 1. The EHA, along with a CDBG project proposal, shall give the City a description of the work to be performed, a budget, and a timetable delineating the length of time needed for each project phaae, if applicable, through the completion of the projects. The EHA shall comply with the timetable for completion of the projects. The EHA understands that failure to comply with the timetable may lead to a cancellation of the project and a IOBB of all UllUpllllded funds, unleu the County detenninea that there are extenuating cimunatancea beyond the ERA'• control and that the projects will be completed within a reuonable length of time. The timetable shall begin to run upon the County providing written notification to the City to proceed with the project. 2 . An ERA drawdown requeat FOR CDBG FUNDS shall include progreu reports for the period for which payment ia being requeeted. Drawdowns shall be done on a c:onaiatent buia correlating with project program . 3 . Quarterly project reports 1hall be due within thirty daya following the end of each quarter (March 31, June 30, September 30, December 31) until the Project ia completed. •. The official annual audit and/or financial statement. and the auditor', mana,ement letter, if applicable, for the ERA-ilt which INCLUDF.s both revenuea and expenditures for the CDBG Projecta shall be provided to the City annually, not later than June 30th of each year. 5 . The ERA ahall be reaponaible for the expenditure of the funda allocated to the ERA for ita projects or activitiee and for the c:onatrudion or performance of its projects or activitiea in compliance with all applicable Federal law1 and THE requirement. of the CDBG J>rosram AND ANY CDBG PROGRAM GRANTEE AGREEMENT, TO WHICH THE CITY IS A PARTY, A COPY or WIUCH IS PROVIDED TO ERA HEREWITH. 2 . . .. •· • 0 ' J- - • • - '· 6. All CDBG funds that are identified for the EHA's specific projects and activities described and listed in the grant agreements shall be used and expended by the EHA only for the projects and activities for which the funds are identified. 7 . No projects or activities, nor the amount allocated therefor, may be changed by the EHA without prior approval of the City. All requested changes must be submitted in writing to the City. 8. The EHA agrees that all funds allocated to it for an approved CDBG project or activity shall be used solely for the purposes approved by the City. Said funds shall not be used for any non-approved purposes. 9. The EHA agrees that the funds allocated for any approved CDBG projects or activities shall be sufficient to complete said projects or activities without any additional CDBG funding. 10. Any project cost overruns shall be the sole responsibility of the EHA. 11. If the EHA's CDBG projects involves construction activities, any contractor -itt IT uses for said activities shall be required to provide and maintain, until final acceptance by the City of all work by such contractor, general liability and property insurance in an amount not leu than $100,000 by the contractor and to provide and maintain automobile liability insurance and workmen'• compensation inaurance AS required by Colorado law. Proof of such insurance shall be provided to the EHA. 12. The EHA shall maintain e complete •• efhellll aacl recorda documenting its uae of CDBG funds and its supervision and adminiatration of the Project. The EHA shall provide full accet111 to th-• 11• aacl records to the City, the County, the Secretary of HUD or his designee, the Office of Inapect.or General, and the General Accounting Office so that compliance with federal lawa and replationa may be confirmed. The EHA further agrees to provide to the City, and the County upon request, a copy al any audit reports pertainiq to the EHA'1 financial operations during the term of thia qreement. 13 . The EHA shall file all reports and other information n-.y to comply with applicable federal lawa and replationa u required by the County and HUD. Thia shall include providi.nar to the County the information nec:aaary to complete annual Grantee Performance Reports in a timely fashion. 14. The EHA shall 1ubmit documentation to the City in the form required by the City which properly and fully identifiea the amount al CDBG funda which the EHA is requesting at that time. Iri. ""'' 1incle panel ef real prapett, -•• the llll/.'a -•el ._. --~---er illlpre.811 in nele er in,_. lftllt 6911G ,_ .. in 1•1111 efl86,888 wiH either. t ... Be •111 fer• elisillle 6911G ._ .. .,, • li1b .. i1111i llJ the G,...,, fer• mieiat11111 ef Ice , ... fella•ias _,latiaa el the Blll.t'a ,..,;eeaa, er II . Be liilp1111i ef in • u ._. ...&II in the G,_.,., hial rliall•Nli in Iha_,_. efthe ......................... pcpLrt,; ... .., peltilll eUhe ual•e .-.11 .. a•h II 111111aliitaea •-QDIIG t d • 3 . , • . .. ., • • 0 , ,,,, I ]- • • • 0 t• • a~aiiien ef, er impre, emenlill t;e , dte prepett,. Reimh'IH'llemel!l:i ia nei rell'tirell. aftiep fi. e , eaN f'ellaw.ng eempleiian ehhe Sll/,'s pre:jeeia. 16 . All responsibilities of the EHA enumerated herein shall be subject to applicable state statutes and county ordinances, resolutions, rules, and regulations. 17. If it is determined by HUD or other federal agency that the es:penditure, in whole or in part, for the EHA'e project or activity wu improper, inappropriate or ineligible for reimbursement, then the EHA shall reimburse the County to the full e:rlent of the dieallowance . 18 . The EHA shall consult with the City through the City Manager or his designee on issues affecting the CDBG Program such as other grant programs, prior to ITS application FOR ANY SUCH PROGRAM. 19 . The EHA Director shall hire EHA employees involved with the CDBG funded programs . 20 . All program income derived from the CDBG Rehab Program received by the EHA will be retained by EHA and will be dispersed for its approved CDBG project activities before additional CDBG funds are requested. ~-'Ate BIii: apeea M pa:, the Git, ef Balle weetl •e fee ..._II ill a\Maehmeai !, fer Mte aeffleea tleeerihetl lhereill. a!. SHI. llhall ,a, fer IM!l'Vie1111 r1111il.eNII. i,, ihe Qw,-1,,. ihe 39ih llf' ihe 111anih f'eHewing reeeip• llf' 1,iHmg lie1eril,ell. in Bee9111t a, Paracraph 5. SECTION FOUR MISCELLANEOUS 1 . The term of tbia Acreement shall besin on the date of the City Council approval (the "efl'ective date"), u evidenced by the date tint written above and shall continue until the TIDS Acnement is terminated u aet forth herein. 2 . Thie Agreement is subject to such modificatiom u may be required by c:banca in federal or state law, or their implementill( re,ulatioa.a. AAy such required modification shall automatically be incorporated into and be put of tbia Agreement on the effective date of such chanp u if fully aet forth herein . 3 . Thia Agreement is intended u the complete inte,ration of all undentandinp between the partiea. No prior or contemporaneoua addition, deletion, or other amendment hereto shall have any force or effect wbai-ver, unlNa embodied herein by writing. No subsequent notation, ren-al, addition, deletion, or other amendment hereto shall have any force or effect unlNa embodied in a written 1upplemental contract WHICH HAS BEEN PROPERLY euc:uted. All previous CDBG qn,ementa between the City and BHA CONCERNING THE CDBG PROGRAM are void and tbia A,rNmat shall pem the mationabip between the City and the F.HA for the CDBG Prop-am . 4 . To the extent that this Acr-ent may be encuted and perfarmance al the obliptiona of the parties may be accompliabecl within the intent al the Agreement, the term, oftbia A,rNment an N a1al SEVERABLE , and abould 4 "'~ . . ' . • • • 0 ··-,1 .... ,.: • • (~ -' . ' 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 u a waiver of any other term, or the same term upon aubllequent breach. 5 . It iii ~Y unclentood and agreed that enfon:ement of the terma and conditiona of this Agreement, and all rights of action relatinc t.o such enforcement, shall be strictly ~ to the City and the ERA, and nothing contained in this ,'\greement shall live or allow any aucb claim or right of action by any other or third per.m on aucb Acr-mt. It iii the apreu intention of the City and the EHA that any pm.mother than the City or the EHA receiving aervices or benefits under thia Agreement shall be deemed t.o be an incidental beneficiary only. 6. Either party t.o the TIUS Agreement may terminate the Acr-ent by giving to the other 30 daya notice in writinc with or without good cauae lhown. Upon delivery of such notice and upon apiration of the 30 daya period, all services in connection with the performance of the TIUS Agreement ahall ltiop. ~ soon u practicable after receipt of notice of termination, each party shall submit a statement, showing in detail the aervices performed under the AgrNment to the date of termination. In the event that the Unit of Local Government should withdraw from the County's "Urban County" designation, this agreement shall terminate u of the termination date of the County's CDBG grant agreement with HUD. Further, this ac-ent may be auapended or terminated by the City if the EHA materially fails to comply with any term of this agreement. 7. Each party shall promptly pay that proportion of the preacribecl charps which the aervices actually performed under the Ap.ment bear t.o the total aervices called for under the Agreement, 1Na aucb payments on account of the charpa WHICH -have been previoualy made. 8 . Each party nipresenta and wananta that it bu taken all actiona that are neceuary or that are required by ita procedurea, bylaws, or applicable law, to leplly authorize the underaiped aipatory to eucute this Agreement on behalf of the party and t.o bind the party to its terms. 9 . The City of Englewood and the EHA agree THAT THEY SHALL not to refu.ee to hire, diacharge, promote or demote or diac:riminate in any matter of compenaation; performance of Nrvices or otherwiN, apinat persona otherwise qualified aolely becauae of race, creed, Nll, color, national orilin or anceatry. 6' ~ . ' • .. • • 0 l • -• • • <. 19. 'Fite p8"1iee 81.611 P..'\dlff aheH illlte all aetia1111 ht 111N apprapPiate 111141 rell'lire41 a( it • eempl, with the appliealile pra ri11iw ef the ll'ltllt lllfeemeMII reeeiueci &111111 tee tJ.8 . DeputmeBt efHINlling 111141 tkl,aa Deuelepment (I~) i,, the 611_.,. 'Fheee illehMle INt are 11.ei lilllitell te ee1111pli1111ee wite the pre u iaiaae af '1te lla•ill1 anti Sam1111111i., De, elapmeM !.et ef 19ir t aetl all Nlee 111141 regllleti1111.11, gm41eliaee 111111 eirNlllll'II pre111lllgateci i,, the , ari- felieral •epaftmeMII, apaeiea, a.llm · · tr•e• ... ea · ia• relMlillc N the 6986 prlllfltllli. Speem.U,, the partiee ahall telle all r«.iteci aeti-te eelllllpl, W'lte the pre u illi111111 ef lilt 6FR ,-t 579, 'llitle JJI 11( tee 6i, ii Rightll l.aet 11( 1&&,, Me J.IHI efthe Qi.ii Rich• .W ef 1868, 8eetiea 191 (II) ltllci 199 efthe lie . 1111111 611-llllity De. el11p111a .t..et ef 187t, lilt 6FR Pait 85, SlllipM K ef H•li'a l:Jaifa,m iWminiatrMi,e .._emeat far ....... •ti eeaperMi,e 111fee1111eBtll, the reglllati1111.11 appl,illr te lllill~ It.a-elltefprille, 11, 6PR 579.99,, the leali l,1111eli paint reglllatiam 11, 6PR 579.698 11111111, 6FR iii, ltllci witft 9MB 6irelllar h 87, 6• Prilleiplee fer 8...., ltllci beeal 611.-eBM. ll. The parties agree that they will include in every contract they enter, which relies upon CDBG monies for funding, a non-appropriation clauae that will protect the parties to thia agreement and the County from any liability or reaponaibility or any IIUit which might result from the discontinuance of CDBG funding for any reuon . 12. The City of Englewood and the EHA u well u the employNS and agentll of each entity shall be conaidered SEPARATE ENTITIES for all purpoaea of the THIS Agreement eeparate mllitiee . 13 . The City of Englewood and the EHA will establiab eaf.-rda to prohibit a THEIR employeee, agentll, or Nl'Vantll from uaing the THIS Acreement for any purpoae which caUllell or lenda itaelfto create an appearance of impropriety. Said employees, agentll or ae"antll aball not aeek any peraonal benefitll or private gain for themaelves, their familiee, or othen. 14. 'Ae ,-tiee EACH PARTY AGREES THAT IT lha1l not uaip or tramfer itll interest in the THIS Agreement without the written conaent mthe other party. Any unauthorized auignment or transfer aball render the THIS A,reement null, void and of no effect. 15 . Any notice to be given hereunder aball be deemed pven when aent by re,iatered or certified mail to the addreues below: Director Englewood Houaing Authority 3400 s. Elati St. Englewood, Colorado 80110 City Manapr City of Enil-ood 3400 s . Elati St. Engl-ood, Colorado 80110 16 . Nothing herein shall be conatrued u creating any penonal liability on the part of any officer or apnt of any public body which may be party hereto . ·, . ' .. • • 0 - - • • r • " · ... • . . 17. The agreement shall be carried out in accordaoce 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 parti• hereto have eucuted this Apeement the day and year fint above written. ATTEST: Louc:risbia A. Ellill, City Clerk ATTEST : Secretary CITY OF ENGLEWOOD, COLORADO Gary Sean, City Manager ENGLEWOOD HOUSING AUTHORITY Chetyl St. Clair, Director 7 . . ,, - < • I ' • . ~ .. • • 0 f __ I )- - • • ,.. • ·, • '· A'M'ACHMENT A C .D.B.G . Annual agreement for payment by the city to the EHA for aemcea renclered by the EHA for aclministerinc C.D.B.G. and Project Build for the year 1998. Annual Adminiatrative Coats Sl 71,9150.00 This amount ahall be paid in monthly paymenta of si,,329.17 . a ---- . . .. • . • . ' • 0 ]- • "' - 0 • a&ttm CITY or~. CCLOWIDO COlllllJE:'l'T DSVU.OPJID'f ar.ocs caAJff P•OGJl'.\118 POR :nJ)EDl. FISCAL DllS 1H5 'l'DOO~ Ff17 THIS AGREEMENT is entered into and shall be effective as of ~ :Z,.b , 1994, by and bet~een Arapahoe County, Colorado (~County"), a body corporate and politic of the State of Colorado, and the City of Englewood (the "City"), a municipal corporation of the state of Colorado located in Arapahoe County. A. B. RECITALS In 1974 the U.S. Congress enacted the Housing and Community Development Act of 1974, as since amended (42 u.s.c. 5301 et seq.) C"HCDA"l, permitting and providing for the participation of the United States government in a wide range of local housing and community development activities and programs under Title I of HCDA which activities and programs are administered by the U.S. Departlllent of Housing and Urban Development ("HUD"); and the Rome Inv,s:tm,nt Partnerships Program C"HOME"l was 1nact1d und•r Titl• II C42 u.s.c. 12101-12sJ9l ot the cranstan-<;onza11z National Attordable Housing Act C"NAHA"> which activiti•s and programs are administ1red by HUQ; The primary objective of Title I of HCDA is the development of viable urban communities, by providing decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low and aoderate income, and the primary objactiy• or th• HQMJ program i• to •xpand the supply of d1c1nt, •At•, 11nit1rv and attordabl• housing tor low and mod•rat• inco .. Aa•rican1, Tb••• objactives ar• to be accomplished by the federal governaent providing financial assistance pursuant to RCQA and KABA in the form of community Development Block Grant ("COBG") funds and HOME funds to the state and local governaents to be uaed in the conduct and administration of housing and comaunity development activities and projects as conteaplated by the primary objectives of the CDBG and HOME Prograas; l •. ., •· • C • • , . • c. To implement the policies, objectives and other provision of HCDA and NAHA, HUD has issued rules and regulations governing the conduct of CDBG programs, published in 24 Code of Federal Regulations (CFR), Part 570 (the "Regulations"), which regulations provide that a county may qualify as an "urban county", as defined in Section 570.3 of the regulations, and thereby become eligible to receive entitlement grants from HUD for the conduct of CDBG and HOME Programs as an urban county and that cities and other units of general local governments in the same metropolitan statistical area that do not or cannot qualify for separate entitlement grants may be included as a part of the urban county by entering into cooperation agreement with the urban county in accordance wit.~ the requirements of the Regulations; D. The county has heretofore qualified under the Regulations as an "urban county" and will receive CDBG and HOME funds from HUD by annual grant agreements, and all participating Municipalities located in the County which do not receive separate community development entitlement grants have been included as a part of the County in its CDBG Programs; E. In 1981, and again since t.~an, HUD amended the Regulations, pursuant to amendments of HCDA, revising the qualification period for urban counties by providing that the qualification by HUD of an urban county shall remain affective for three successive federal fiscal years regardless of changes in its population during that period, except for failure of an urban county to receive a grant during any year of that period, and also providing that during the three year period of qualification, no included city or other unit of general local government may withdraw from nor be removed from the urban county for HUD's grant computation purposes, and no city or other unit of general local government covering an additional area may be added to the urban county during that three-year period except in the case where a city or other unit loses its designation as a metropolitan city; F. In 12.2.i, the County is submitting to HUD the required documentation to qualify as an urban county, pursuant to Section 570.307 of the regulations, so as to become eligible to receive annual CDBG and HOME funds for the next three Program Years from Federal Fiscal Years 1995, 199§, and 1997 appropriations, and if the City approves and authorizes this agreement, an executed copy thereof will be included in the documentation for this ensuing period of qualification and, if the County qualifies, the City will thereby be included as a part of the urban county and be eligible to participate in the county's CDBG and HOME Programs for the next three Program Years; 2 ..... • . •· • 0 r - • • " - • I • • G. The County recognizes and understands that it does not have independent legal authority to conduct some kinds of community development and housing assistance activities within the boundaries of the City and therefore, its ability to conduct the COBG and HOME Program in the City is limited by the requirement that it must obtain per:11ission from the City to perfor.n some of those activities therein, and accordingly, in order for the City to be considered a part of the urban county and be included in the County's annual request to HUD for CDBG and HOME funds, it is required by the Regulations that the City and the County enter into a cooperation agreement whereby the City authorizes the county to undertake or to assist in undertaking essential community development and housing assistance activities within the City as may be specified in the "Consolidated Plan" to be submitted to HOD annually by the County to receive its annual COBG and HOME entitlement grant; H. Under general provisions of Colorado law governing contrac~ing bet.een governmental entities and by virtue of specific authority granted in Part 2 of Article I of Title 29, C.R.S., any t.o or more poli~ical subdivisions of the state may enter into agreements .ith one another for joint cooperative action and any one or more political subdivisions may contract wit.~ another or with a legal or administrative entity created pursuant to that act to perfor:11 any governmental service, activity or undertaking which each political subdivision entering into the contract is authorized by law to perform, and I. Accordingly, the parties hereto have determined that it will be mutually beneficial and in the public interest of both parties to enter into this intergoverruaental cooperation agreement regarding the conduct of the County's CDBG ~ HQ.HE Programs, THEREFORE, in consideration of the premises and cooperative actions contemplated hereunder, the parties agree as follows: 1. By entering into this intergovernJ11ental cooperation agreement with the County, the City shall be included as a part of urban Arapahoe County for qualification and grant calculation purposes upon the qualification by HUD of the County to receive CDBG and HOME Program entitlements as an urban county for the next three successive Program Years, January l, J.il2 through December 31, .ll21,. As provided in Section 570.307 of the Regulations, the qualification of the County as an urban county shall remain effective for three successive federal fiscal years regardless of changes in its population during that period of time and the parties agree that the City may not withdraw from nor be removed from inclusion in the urban county for HOD'• grant coaputation 3 • . •· • 0 , ]- • • • • • purposes during the period of qualification. A fully executed copy of this cooperation agreement, together with the approving resolutions of both the City and the County, shall be submitted to HUD by the County as part of its qualification documentation and the City does hereby give the County the authority to carry out CDBG and HOME Program activities and projects which will be funded from annual CD block grants and HOME funds from federal fiscal years l..2.2.i,. 1996. and 1997 appropriations and from any Program income generated from th• expenditures of those funds. 2. The City and the County agree to, and shall cooperate in, the preparation of detailed CDBG and HOME Program activities and projects to be conducted or performed in the City during each of the three program years covered by this Agreement and these finalized activities and projects will be included in the County's Consolidated Plan and requests for funds for those program years. Th• City understands and agrees, however that the County shall have final responsibility for selecting the program activities and projects to be included in each annual grant request and for filing the Consolidated Plan with HUD on an annual basis. 3. The parties recognize and understand that the County, as a qualified urban county, will be the entity required to execute all grant agreements received from HUD pursuant to the County's annual request for CDBG and HOME Program funds and that as the grantee under the CDBG and ROME Program it will be held by HUD to be legally liable and responsible for the overall administration and perfor.aance of the annual CDBG and HOME Programs, including the projects and activities to be conducted in the City. Accordingly, the City agrees that as to all projects and activities perfor1Nd or conducted in the City under any CD grant agreement received by the County which includes the City, that the County shall have the ultimate supervisory and administrative control. 4. The City shall cooperate fully with the County in all CDBG and HOME Program efforts planned and performed hereunder and does hereby allow and per.ait the County to undertake or assist in undertaking essential co11J11unity develop111ent and housing assistance activities within the City as may be . approved and authorized in the County's agreements, including the consolidat1d Plan. The city and the county also agree to cooperate to undertake, or assist in undertaking, co11J11unity renewal and lower income housing assistance activities, specifically urban renewal and publicly assisted housing, as they may be planned and specified in the County's Consolidated Plan submitted annually to HUD for the three Program years specified herein and for such additional time as may be required for the 4 •· • 0 , - - • • • • • '· expenditure of CDBG funds granted by the County for such activities. 2..... Pursuant to 24 cFR s70.so1rb1, the citv is subject to the same recuirements applicable to subrecipients. including the requirement of a written agreement as set forth in 24 CfR 570.503. 6. The City understands that pursuant to Section 570.503 of the Regulations, it will be necessary for the City to enter into separate project agreements or sub-grants in writing with the County wit.~ respect to the actual conduct of the projects and activities approved fer performance in the City for the three CDBG Program years covered by this cooperation agreement and that the funds designated in the County's Consolidated Plan fer those projects and activities will also be funded to the City under those separate project agreements or sub-grants. Subject to the previsions of Paragraph 3 above, the City will administer and control the performance cf the projects and activities specified in these separate project agreements, and will be responsible for the expenditure of the funds allocated for each such project or activity and will conduct and perform the projects and activities in compliance with the Regulations and all other applicable federal laws and requirements relating to the CDBG Program. The City also understands and agrees t.~at it shall also CQmply with the requirements of Section 570.503 prior to disbursing any CDBG funds to a subrecipient of the City. 7. a. All CDBG Program funds that are approved by HUD for expenditure under the County's grant agreements for the three Program years covered by this Agreement, including those that are identified for projects and activities in the City, will be budgeted and allocated to the specific projects and activities described and listed in the County's consolidattd Plan submitted annually to HUD and those allocated funds shall be used and expended only tor the projects or activities to which the funds are identified. No project or activity nor the aaount allocated therefor aay be changed, modified, substituted or deleted by the City wit.~ respect to any project or activity without the prior written approval of the County and the approval of BUD vben that approval is required by the regulations. Because the City will be included as par: of urban Arapahoe County for the three CDBG Program Years covered by this Cooperation Agreement, it will do all things that are appropriate and required of it to comply with the applicable provisions of the grant agreements received by the County from HUD in which the City is included, and with the provisions of HCDA and NAHA and all Rules and Regulations, 5 ---- • I· • 0 -• • • (. guidelines, circulars, and other requisites promulgated by the various federal departlllents, agencies, administrations and commissions relating to the CDBG and HOME Programs. In addition, the City and the County shall each take all actions necessary to assure compliance with the certification required of the County by Section l04(b) of Title I of~ including the National Environmental Policy Act of 1969, Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, the Fair Housing Act, Section 109 of Title I of~ and other laws applicable to the conduct of the CDBG Program. In addition, the parties hereto understand and agree that the County may not provide any CDBG funding for activities in, or in support of the City, if the City does not affirmatively further fair housing within its jurisdiction or impedes the County's actions to comply with its fair housing certification. ~ The city had adopted and is •nforcing a policy of prohibiting the use of exc•ssive torce by law entorc•m•nt agencies within its jurisdiction agains; any individuals engaged in non-violent civil rights demonstrations; and a policy of enforcing applicabl• state and local laws against physically barring 1ntranc• to or 1xit rrom a facility or location which is th• subi•ct of such non-violent civil rights d•monstration• within jurisdictions. 10. During the period of performance of this agreement as provided in Paragraph 10 below the City shall: (a) Infor.n the County of any income generated by the expenditure of CDBG Program funds received by the City; (b) pay over to the County any Program Ince-received by the City, or retain and use that Program Incoae aw,ject to, and in accordance with, the requirements and provisions of the separate CD project agre .. ents that will be entered into bet-.reen the City and the County for the actual conduct of the CDBG Program; (c) Use any Program Income the City is authorized by the County to retain only tor eligible activities in accordance with all CDBG Program requir ... nts as aay then apply and as will be specifically provided for in the separate CD project agreements between the City and the County; (d) Keep appropriate records regarding the receipt of, use of, or disposition of all Program Incoae and aalce reports therein to the County as will be required under the separate CD project agreements between the City and the County, and 6 -----. -. 1', .... 1... •, .. ., •· • 0 • 0 • (e) Pay over to the County any Program Income that may be on hand in the event of close-out or change in status of the City or that may be received subsequent to the close-out or change in status as will be provided for in the separate CD project agreements mentioned above. 11. The separate CD project agreements or sub-grants that will be entered into bet~een the county and the City for the conduct of the CDBG Program, as mentioned and referred to elsewhere in this agreement, shall include provisions setting forth the standards which shall apply to any real property acquired or improved by the City in whole or in part, using CDBG or HOME Program Funds. These standards will require the City to: (a) Notify the County in a timely manner of any modification or change in the use of that property from that which was planned at the time of the acquisition or improvement and this notice requirement shall include any disposition of such property. (b) Reimburse the County in an amount equal to the currant fair market value of property acquired or improved with CDBG or HOME funds (less any portion thereof attributable to expenditures of non-CDBG funds) that is sold or transferred for a use which does not qualify under the Regulations, and (c) Pay over to the County any Program Incoae that is generated from the disposition or transfer of property either prior to, or subsequent to, any close-out, change of status or termination of this cooperation agreement that is applicable. ~ The city, by execution of this agreement understands that it mav not apply tor grants under tb• 1J1a11 citi•• or 1tat1 cpec Programs for appropriations for fiscal years during th• period in which it is participating in th• urban county'• cpec Program; and may not participat1 in a 89MB con1ortim1 exc1pt through the urban county, regardless of wheth1r the urban county receives a HQME formula allocation, 13. The period of performance of this Agreement shall cover three CDBG Program years consisting of the County's 1st, 2nd, and 3rd Program Years beginning January 1, ~ and ending December 31, .ll21.· As stated herein, however, this Agreement is intended to cover activities to be carried out with annual CD Block Grants and HOME funds from Federal Fiscal Years 1995, 199§ and 1997 appropriations and shall be and remain in full force and effect until all projects and 7 • • C 1.-. ' ',.., t • 0 • activities approved and authorized to be perfor:ned and funded for those fiscal years have been completed. 14. Any changes and modifications to this Agreement shall be made in writing, and shall be executed by both parties prior to the performance of any work or activity involved in the change and the approved by HUD if necessary to comply with the Regulations. 15. (a) This Agreement shall be and remain in force and effect for the period of perfor:nance specified in Paragraph 13 hereof and, when the County has been qualified by BtJD as an urban county, neither the County nor the City may ter:ninate this agreement or withdraw therefrom during that period of performance; provided, however, if the county fails to qualify as an urban county or does not receive a CD grant in any year of the t.'lree Program Years for which it has qualified, or if any federal legislation should change the qualification or entitlement status of the County or City, either party may terminate this agreement or withdraw therefrom • .!l2.l. This agreement will be automatica11v renewed tor participation in successive three-vear gua1i:ication periods. unless th• county or citv provides writ;•n notice it elects not to par;icipat• in a n•w qualification period. A copy ot such notic• must tz, mailed to the HYP ottice, penv•r, Th• county will notify th• city in writing or its right to d•cid• to par;icipat• or not by t,.~• dat• ,:pacified in BYP'• urban county qualification notic•, Th• coun;v will 1104 a copv ot its notification to th• HUP o!fices in P•ovar, 1£L Failure bv either party to adopt amendments to this agreement incorporating a11 changes n1cessaCf to •19t the requirements tor cooperation agreem1nts sit forth in the urban county qualitication notic• applicabl• (pr a subs,au•nt thre• y1ar period. and submit;al of 1a14 amendm•nt to HYP 11 proyidfd in th• urban county qualitication notic• will void th• automatic r•nayal or such qualification p•riod. (d) If the county qualifies as an urban county and the City is included, during the three Program Years for which the county has qualified, the parties agree not to veto or other.ise obstruct the implementation of the approved consolidated Plan during that three year period and for such additional time as may be required for the expenditure of funds granted for that period. 8 •. •· • 0 , J - • • ,, _ . • • .. '\, IN WITNESS WHEREOF, the parties hereto have caused this agreement to be duly authorized and executed by -ch on th• date speci~ied as follows: A'rl'EST: 9 • • 0 , • • • <. AIIDDKDT 110. ....Ql!I._ TO THE INTERGOVERNMENTAL COOPERATION AGREEMENT BETWEEN ARAPAHOE COUNTY, COLORADO AND CITY OP ENGLEWOOD RELATING TO THE CONDUCT OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND HOME PARTNERSHIP FUND PROGRAM FOR FEDERAL FISCAL YEARS 1998 THROUGH 2000 This AMENDMENT NO. _2ll.. aad• this """* day of ~ St I 199L by and between city of Enqlft09d c•city•) and • Board of county commissioners of Arapahoe county, COlorado c•county•). WHEREAS, the City agreed to participate with the County in the co .. unity Development Block Grant Program (COBG) and the HOME Partnership Fund Program (HOME) and entered into an Intergovernmental Agreement (Agreement) with County, dated July 26, 1994; and WHEREAS, according to th• terms of the Agre .. ent, an autoaatic extension can be issued, unless written notification is received by the City, to extend the life of th• Agreeaent for COBG and HOME grant years through 1998, 1999 and 2000. NOW, THEREFORE, for the autual consideration of the parties, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: City and county agree to extend the term of the Agreeaent for the next Urban County qualification period, grant years 1998, 1999 and 2000. All other terms, conditions and sectiona of the original Intergovernmental Agr••••nt dated July 26, 1994 and any previous aaendaent not inconsistent with this Aaendaent No. one are reaffirmed and incorporated h•r•in by this reference. . ' •· • 0 I ,.," I J- J • • • • .. Xn Witness Whereof, the Parties have caused this AMENDMENT to be duly executed this ~ day of PNau s.,. , 1997. Board of County co-issioners Arapaho• county, Colorado ·city of Englewood Title Interim City Manager . ; .. •· • 0 '---I • • I n% :iii : I, .. , l'I I~') r ff : I. i ; lfr~ 1,. .. ,.if 51 ( ~n J! : . Q~ I • ;1J 1JI •1' I• Iii• Ill"• . r J:.t · t ... ri .... 11.J fst ~ --.-• ... 8 ~ • • ~ 1 U1.:1li'f ,.. r n --1, ~i ---.. - I ,~ •1t1 iH Hh llf!1;i, ~ t , . HiL. _ ~ i r . ' 0 • r I I I . . , . ~ ' ~ • . ' ~ I ]- • • - Staff Report To : Thru: From : Date Subject : Purpose City Council & Manager Robert Simpson, Director of Neighborhood & Business Development Martt Graham , Neighborhood Community Coordinator ~ December 19, 1997 EHA Agreements II -• This report provides background information about the three proposed Intergovernmental Agreements between the City of Englewood ("Englewoocr) and the Englewood Housing Authority (EHA). There is a General Agreement between the organizations and two program specific agreements ; one for Project Build; and one for the Community Development Block Grant (CDBG). Each of the agreements is intended to clarify arrangements and reinforce the partnership between Englewood and the EHA by clarifying responsibilities , resources , services, goals, and other matters related to collaboratively providing housing opportunities in Englewood. With few notable exceptions, the agreements document existing arrangements as they arc currently understood . The two agencies share many goals . Providing affordable housing in safe neighborhoods, with good access to community facilities , services. jobs, shopping and entertainment continues to be an important goal for both the City of Englewood and the Englewood Housing Authority . Towuds that end, the two entities collaboratively provide housing rehabilitation and new consauction programs. Englewood has historically provided Federal Community Development funds and general funds to EHA supporting housing activities . Additional support from the City is provided as "in-kind" assistance . The proposed agreements continue to provide a high level of support and preserve administrative flexibility while establishing written goals for the jointly provided programs . Englewood housing policies will be provided to EHA to include in the written program goals which accompany any annual program appropriation. To increase the comfort level of City Council, Housing Authority Commissioners, and administrative staffs, it may be necessary or desirable to develop new policies, procedures, guidelines, and goals for each program. Program goals for City housing programs administered by EHA have not been clarified for many years and with changes in key City and EHA personnel there is a loss in program continuity . The changes which arc identified in this report relate primarily to changes in organizational structure and address issues related to the physical location of program staff. . ' • •· • , 1 • • I• . • ' '· 2 The City of Englewood organization changed . Neither the Housing Division nor the Department of Community Development exist now as they did when the programs were established . Housing policies and programs are currently supervised by Neighborhood and Business Development Office . Housing Division staff once worked in City Hall but currently work at the Englewood Housing Authority Offices on Sherman Street. When the Housing Division staff administering City housing programs were located at City Hall it made sense for them to report to the Director of Community Development. Likewise, with housing programs being administered from EHA offices it makes sense for them to report to the Director of the EHA. The agreements recognize and address these changes by creating more complete program documents and by adjusting reporting relationships. Agreement 1, General Agreement The General Agreement is divided into four topics: Purpose. City Obligations, EBA Obligations and Miscellaneous provisions. The Purpose of the Agreement is generally to improve communications between the parties so that we can effectively and collaborativel y provide housing programs in the City of Englewood. Both parties have requested increased project coordination . City Commitments include appointing commissioners on the Englewood Housing Authority . City administrative services provided to EHA include payroll , staff recruitment, and vehicle servicing . The city and EHA have joint policies to provide employment benefits including medical , dental, and life insurance. The City provides liability coverage for the EHA Commissioners and staff. The agreement reserves the right to modify these commitments on an annual basis . The City may annually change the amount of funding , benefit policy, and the type and quantity of in-kind services provided. The City also requires reimbursement from EHA for certain services . Englewood must provide billing for those services in a timely manner . ERA Commitmeatl under the proposed agreement include providing program staffing. Staff was previously provided by three City employees assigned to EHA. They worked at EHA ' s Sherman Street offices, on EHA administered programs, yet provided time sheets and leave requests to the Director of Neighborhood and Business Development. The agreement resolves this problem by providing resources to EHA for staffing jointly provided housing programs but makes it EHA 's responsibility to determine how to staff the programs . The agreement provides for the EHA director to hire , supervise, evaluate, appro ve time sheets , rule on leave requests , and terminate program staff. The agreement specifically perm its the EHA director to arrange with agents or contract with people or firms to provide any serv ices required to carry out City housing programs . Reportin1 requirements are spelled out in the agreement. EHA is obliged by the agreement to provide monthly reports to Englewood on the status of City funded projects including Project Build and CDBG Housing Rehabilitation. The reports are to address propeny acqui si tion , loans , funding , and construction. ..... ,. - • ... •· • 0 , - - • . ,~ • (. - 3 Annul request for funding EHA will prepare an annual request for funding and services from the City. Their information needs to be presented when the City is preparing the annual budget. This is intended to provide Council with information about the past years housing program achievements and next year objectives. This 0 process should help the City Council understand the relationship between City neighborhood and housing policies and EHA housing goals. EHA may describe how the programs that they administer help to meet City goals and objectives. The feedback that EHA provides should be helpful to Council in determining future funding levels. Collfflcts of interest are addressed in the agreement. Standards for avoiding conflicts are described such that Commissioners, Officers, employees and their relatives are not to participate financially in projects or properties, or materials related to City projects and programs . Commissioners violating the standards forfeit their office and employees violating the provisions are subject to disciplinary action up to and including dismissal. A Reimbanemeat Policy will be developed as an addendum to the agreement. Historically there has been an annual reimbursement of approximately $50,000 from EHA to Englewood for administrative services. The basis for the value of this reimbursement is currently unclear. In 1998 EHA and Englewood will develop a policy and amount for appropriate reimbursement. The billing cycle and payment terms will also be established in the Reimbursement Policy . The MiscellaDeous section includes standard contract provisions such as effective date and termination provisions, (30 days written notice required). The effects of federal and state laws are discussed. The current agreement is the document that governs the relationship between EHA and Englewood. Signatory and record keeping responsibilities are discussed. There are mutual commitments not to discriminate in hiring, firing, promotion and compensation. Liability issues are discussed. Toe agreement is not transferable without written coment of the Olber party. Notice under the agreement must be provided to the DilCCtor of EHA or City Manapr of City of Englewood. AaadlmeatA Attachment A estimates the COSIS of services which will be provided to EHA by the City of Englewood. The listed services are reimbursable to the City on a monthly basis. . , •. .. • • 0 ]- • • I• • Agreement 2 CDBG The Commllllity Development Block Grant (CDBG) Agreement is divided into four topics: Purpose, City ObHgatiom, EBA ObHptioas and Miscellaneous provisions. The Purpose of the Agreement is generally to improve commllllications between the parties so that we can effectively and collaboratively provide Commllllity Development in the City of Englewood. Both parties are requesting increased project coordination. City Commitments Englewood is the recipient of CDBG funds and makes the decision to apply for and allocate CDBG funds. EHA is one sub-recipient of Englewood for CDBG funds. Englewood is responsible to Arapahoe County for monitoring projects and programs funded with federal CDBG funds. Englewood is expressly reserving the right to decide on an annual basis whether to approve an EHA request for CDBG funds . Englewood is responsible for submitting the application for entitlement CDBG funds to Arapahoe County. Englewood pays EHA for administering CDBG funded programs. Englewood establishes the monthly fee that it will pay for administering programs. The agreement permits negotiating fees annually or for present year plus five additional one-year agreements . The City cannot be responsible for EHA cost overruns. Englewood may not provide additional funding to EHA to complete CDBG funded projects. EBA Commitments 4 EHA will provide both general descriptions of their programs and specific descriptions of each project. Project descriptions include budgets, timclincs and other information ncccssary for the City to adequately monitor projects and program administration. The EHA acknowledges that funds mUSl be committed and applied in a timely manner. In extreme cases, the County could cancel the program and recover unexpended funds. The agrccmcnt requires that project reports be provided with requests for funds. In addition to the project rcpons provided with drawdown requests, there will be quarterly reports due within a month after the end of each quaner. Additional documentation may be requested, such as the official annual audit, financial statement, management letter and other records necessary for monitoring CDBG funded programs and projects. EHA staff administering CDBG funds are responsible for knowing and following CDBG program requirements and applicable laws. EHA responsibilities described in the agreement are also subject to swe swutcs and county ordinanca, resolutions, rules and regulations . EHA is responsible for hiring staff to administef CDBG funded programs. "' -. ' •· • 0 I I ]- - • • • 'l . • 5 CDBG funds are designated for specific projects and activities. CDBG funds may only be expended by EHA for the approved projects and activities according to the City approved allocations. EHA may request changes in program funding or allocation from the City in writing. Responses to such requesas must also be in writing. EHA is responsible for funding allocations to specific projects. Any cost ovemms arc the responsibility of the EHA not the City. Disallowed expenditures arc also EHA's responsibility. EHA must reimbW'SC the County for the cntiJe amount of any expenditure determined to be improper, inappropriate or ineligible. Program income from CDBG funded programs and received by EHA must be dispersed for approved CDBG activities before additional CDBG funds arc requested. In administrating the Housing Rehabilitation Program wbcrc construction is involved. EHA is responsible for documenting proof of insurance. Insurancc documents must include gcncral liability, property, workman's compensation and auto. Additional documentation must be maintained for review by the City , County, and Fcdcral government. The agreement commits EHA to coordinating with and providing timely reports to Englewood, Arapahoe County and to the Department of Housing and Urban Development upon request or as required to comply with program guidelines. EHA is also expected to coordinate with Englewood prior to applying for other grants. Miseellaaeous uadentaadinp There arc several paragraphs that help to interpret the agreement in this final scclion. There arc discussions of details such as when the agreement beains and ends, wbo can benefit from its provisions, who can sign it, and how it can be modified. There is also TABOR type non-appropriation language. Comacts for each of the parties to the agrccmcnt arc identified for purposes of official notification. Atladla•tA The attachment provides that annual amount and monthly .-ymem that En&lcwood bas allocared for adrnioimation and associated cxpcmes of CDBG funded activities. •, .. ,,; • • 0 , t>'\ VI • ·, • 6 Agreement 3, Project Build Englewood's Project Build was established in 1991 by the City with a General Fund allocation of $500 ,000 . Initially the program built one house annually for each S l 00 ,000 of funding . Funds were used to acquire substandard houses . Substandard homes included basement homes, underutilized property and inadequately maintained homes . Project Build razes substandard homes then constructs new homes on the property. The new Project Build homes are required to be owner occupied . The proposed agreement is intended to document rather than change the Project Build program. The Project Build Agreement anticipates continuing the existing relationship between Englewood and EHA but with improved clarity in goals and mutual commiunents. Englewood establishes production goals and determines whether to provide program resources on an annual basis. EHA administers the program and repons on the use of program resources . There are currently over S l million in resources in the program, including the estimated values for property and houses in inventory . When Project Build properties sell, the proceeds of the sale are returned to the City General Fund. Net proceeds of Project Build house sales were positive for in the first few years of the program. House and land acquisition costs have increased substantially . Properties are requiring increasing subsidies to write down these acquisition costs in order to keep the price of completed Project Build homes competitive in the market. In 1991 the cost of funds and staff were the main cost of the program. For 1998 the cost of funds , staff and a direct subsidy to an individual homeowner are costs of the program. The proposed agreements permit this arrangement. The Project Build agreement requests progress and expenditure repons for the Council in order to make these explicit project costs . In addition to $500 ,000 1991 funding, Englewood City Council provided an additional $500,000 to Project Build in 1996 and designated $320,000 for business enbaornnmts. All $500 ,000 was transferred to Project Build but the $320,000 was not reserved for business enhancements The agreement propotCS to COl1'ect Ibis silUalion by traasfarina $320,000 to the business enhancement IICCOUDt. The enhan.anents include the Commercial and Industrial Property Reinvestment and Redevelopment Catalysts u approved by City Council. The City of Englewood and the Englewood Housing Authority are long standing pannen on housing and neighborhood issues . These issues are imponant elements of the City of Englewood Comprehensive Plan . The 1979 Englewood Comprehensive Plan provided "encouragement of redevelopment on the scattered lots throupout the City on which there are dilapidated structures. "(p36) The Plan also encourqed .. both new development and redevelopment of various housing types which will appeal to a variety of aae and interest groups .·• Five neighborhoods were identified in the 1969 Comprehensive Plan. The 1979 plan used the same neighborhoods and developed a plan for improvina bousina conditions in each of the five neighborhoods . The Plan repons dial the .. Housina . ' • • 0 I ~• -• 0 - 7 Authority and the Housing Division have concentrated efforts of the current rehabilitation program·• (on sub-areas within each of the five neighborhoods). Planning for housing and neighborhoods involves developing policies and plans like the Comprehensive Plan. Implementing those policies and plans requires resources such as project funding, staff, equipment and expertise. The historical role of the Planning Department (now NBD) was to develop plans like the Comprehensive Plan. Planning then arranged with other departments or agencies, (such as EHA), to provide staff, equipment and expertise to administer programs. The Planning Department had a continuing role in programs by setting goals and objectives and evaluating project progress . Arrangements for Project Build have previously been informal. The proposed Agreement begins to formalize arrangements such as duties, commitments, powers, production goals and reponing requirements. The 1998 Project Build Agreement establishes two general goals for the program in the "Purpose" Section : I.) upgrade City blocks containing underutilized properties which are not feasible to rehabilitate ; and, 2.) increase the percentage of owner occupied dwellings. City Obligations includes seven statements of what the City will do in conjunction with the Project Build program . Obligations include providing Project Build Goals and Objectives. Under the agreement the City Council retains the authority to decide whether to fund the program on an annual basis. There are cross references to the City Chaner which has certain restrictions on the purchase and sales of public property. Englewood retains the right to inspect projects and project records to assure timely performance. EHA Obliptiom include eleven expectations . There are policy and administrative expectations. EHA identifies appropriate locations for Project Build projects. Projects are required to meet program objectives, budgets, time1ables and reporting. EHA is expected to confer with Englewood on matters such as housing policies, priorities, and funding requests. EHA is to provide monthly reports on Project Build to the City . It is expected that adequate project records will be kept and made available to the city upon request . The proposed agreement anticipates ongoing dialogue with the City and formalizing changes to approved projects in writing. The proposed agreement provides guidance on matters relaled to construction bid process and real est.ale sale requirements consistent with City procedures . The agreement also contains infonnation related to contractor and homeowner responsibilities Wider the Project Build program . The City has expectations for an open bid process and that contractors working on Project Build projects be properly licensed and insured. EHA must solicit bids from qualified contractors . Conttactors must be licensed in Englewood and carry appropriate liability, property, auto , and workman's compensation insurance . There are requirements that Englewood wants EHA to pass through to purchasers of Project Build homes. Those requirements relate to the City goal of increasing the number of owner occupied homes in Englewood . . ( •, ... • • 0 , 1- - • \ • . • ' ' Attadamea, :A The attachment identifies the amount that Englewood will provide for Project Build program administration for 1998. This may include salaries, supplies, equipment and other expenses necessary to administering the program. ~- ' , ' • . , 8 .. • • • • • . , . • • COUNCIL COMMUNICATION Date Agendaltem subject Intergovernmental Agreement with the Englewood Housing Authority regarding January 5, 1998 11 a iii Project Build lnlUated By Staff Source Mart< Graham Neighborhood and Business Development Office Neighborhood Community Coordinator COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Providing decent housing in safe neighbomoods and expanding economic opportunities for Englewood citizens. RECOMMENDED ACTION Staff recommends that City Council approve the Ordinance authorizing an Intergovernmental Agreement (IGA) between City of Englewood and the Englewood Housing Authority for the purpose of clarifying responsibilities related to Project Build. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Since 1991, the City of Englewood has budgeted funds from the General Fund for housing replacement. Thia successful City fooded houeing program. called Project Build. is propoeed to be administered by the Englewood Housing Authority with analysis, review and general CMN'8ight from NBD. Project Build has focused on upgradng "balement houses" and on !'..-:Ing abandoned or uninhabitable houses with new lingle family delached homes. The program providN modem dwellings and oppomnties for owner occupied houling. Project Build neighbomoods benefit when abandoned homes in bad repair are replaced with new, owner-occupied homea. This agreement anticipates continuk,g the existing City and EHA relatlonahlp wllh Improved clarity in goals and mutual obllgalions. Ser..tcee IUCh as policy analysia, accounting, payroll, and legal review are provided by the City. The EHA providN rul estate acquialllon, conatruction coordination, inspection. mart<etlng, and loan clollng. The City and EHA collaborate to provide Project Build and believe it is in our mutual interNt to clarify roles and reepoi l9iblllties related to providing the program. The proposed Intergovernmental agreement anticipates an ongoing relationlhip though the services one party provides under the agrNment may change. One change pr ... ad with this agreement is a reduction of $320,000 to be tranlfered and used for general buslneu enhancementll in Englewood. This transfer carries out Council wiltl8a from 1996. FINANCIAL •PACT Council provided $500,000 from the General Fund to lnillate Project Build In 1981. In 1996 Council provided an additional $500,000 dN6grmlng $320,000 for~ enhanclnleia. Bullneea enhancement funds were not rnoved at that time but wll be moved now from Project Build to separate ~ enhancement accounts. The ....nlng total 1996 budgeted amount for Project Build la $880,000 The propoNd agreement covers annually budgeted programs. UST OF ATI'ACtalNTI Propoaed Bill for Ordinance M;wa II I _POC_W...,IIAW • • 0 , ORDINANCE NO. _ SERIES OF 1998 • • • ABILLPOR AN OltDDfANCB AUTHORIZING AN INTBBOOVBRNIIBNTAL AGllEEMENT ENTITLED ·AGREEMENT BETWEEN THE CITY OF mca&WOOD AND TBB DOLBWOOD ROUSING AUTHORITY REGARDING PROJECT BUILD.• ' /ii\ WHEREAS, thia intergovernmental agreement between the City of Englewood, a lV Colorado Home Rule Municipality (herein called -City9) and the Englewood Houaing Authority, a body politic and corporate, under Part 2 of Article 1 of Title 29, C.R.S. 1986 of the State of Colorado (herein called ~HA·) for the conduct of Project Build; and ~~l;trvREAS, the City and the EHA conaider it to be in their mutual interest to rate in the development of underutilized property; and REAS, the City and the EHA deaire to aet forth their l"Np8Ctive oblipti utiee and powers with reepeet to Project Build; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Stc;tigp 1. The lnterpvernmental Apeement entitled ·AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD HOUSING AUTHORITY REGARDING PROJECT BUILD, COLORADO: attached hereto as ·Exhibit 1, • ia hereby accepted and approved by the Enpewood City Council. Stc;tigp 2 . The City Manapr ia authoriled to euc:ute and the City Clerk to atteet and aeal the Intergovernmental Apeement far and on behalf of the City of Enclewood, Colorado. • • • , - • • • ·.., • .. 8edim 3 The attacbed Intergovernmental Agreement aball be effective March 1, 1998. Introduced, read iD full, and puaed on ftnt readinr CID the 5th day of January, 1998. Publiabed u a Bill for an Ordinance CID the 9th day al January, 1998. 'l'homu J. Burm, Mayor ATTEST: Louc:rilbia A. Ellia, City Clerk. I, Louaubia A. Ellia, City Clerk of the City of Eapwood, Colorado, bereby certify that the aboYe and f'onpin( ia a true copy of a Bill ill' an Ordiaanee, introduced, read iD full, and paaed CID ftnt readiq CID the 5th day al January, 1998 . -2- • . .. .. • • 0 I --I - - • • • (' AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD HOUSING AUTHORITY REGARDING PROJECT BUILD Thia Agreement, entered into thia _ day of , 199_, by and between the City of Englewood, a Colorado Home Rule Municipality (herein called "City") and the Englewood Houainc Authority, a body politic and corporate, under Part 2 of Article 1 of Title 29, C.R.S. 1986 of the State of Colorado (herein called "EHA ") for the conduct of Project Build. WHEREAS, tbe Enclewood City Council transferred $500,000 from the General Fund in 1991 to the Project Build Fund; and WHEREAS. tbe money beill( tranafarred back to the City General Fund from the Project u the c:ummt inventory ia IOld and aball be uaecl u Council din!cta; and WHEREAS, the Enclewood City Council tranafened an additional $500,000 in 1996, of which, $320,000 wu desipated for buainw •bancementa; and WHEREAS, that $320,000 lball be tnnafarred from the Project Build Fund to the General Fund in 1997 leaving ~ of '680,000 in the Project Build Fund; and WHEREAS, the City and the EBA canlider it to be in their mutual intawt to cooperate in the development of underutililied property within tbe City; and WHEREAS, the City and the EBA deaire to let forth their napective obliptioaa, duties and powen with reapect to Project Build; SBCTIONONE PURPOSE Tbe puq,me althia acr-mt ia to clarify the rel1W1Debip W-tbe City alEnp,wood and the Eqlewood Bouainc Autbarity with reapect to Project 8aiJd IUCb that the partlea may effect an uJlll'llde of City blocb that CODtain underutiliad prapartiea which are not economically feuible to nbabilitate, iDCl'NII in tbe percmtap al -occ:upied atructurea within the City. SECTION TWO CITY OBLIGATIONS Tbe City aball bave the filllowins IWpClll8ibilit;, dutiaa, and powwa with raapect to tbe ERA/Project Build: 1 . The City aball eatabliab 11aidelin11 and bmcbmarb 6ir apenditur. of Project Build funda. Currat pala and objectivea are attacbad • Attacb ... t B. 2 . Tbe City Council lball baw altimata IUJllfflW'J and ectm;n;Mnti.,. 1'91)1C1Uibility for tba apmditun al Pr..-Build 6mda, indadinc dNip and priciq criteria. . . ' ' • . .. • • 0 I ]- - • • I • . • ' . ' 3 . The City shall pay EHA for administrative services provided by EHA in acquiring and disbursing project build funds for a monthly fee as established by the City on Attachment A. 4. Five additional one (1) year periods for these fees may be negotiated by the City Manager of his/her designee. 5 . 'lbe City Council reserves the right t.o approve or diaapprove an EHA request for Project Build funds . 6. Property pun:hued and IIOld under thia JJl'Oll'IIID shall comply with Section 72 of the Home Rule Charter City of Englewood, Colorado. 7. Upcm the ale of an EHA Project Build property, the City shall nlimbune the Project Build fund in the ~t of the current fair market value of the property 1-any portion of the value attributable t.o apenditures ofnon•Project Build funds for acquiaition of, or imprvnmenta t.o, the property and Iese any write down of the coat of the deYelaped property. 8 . 'lbe City reserves the right to perform prop.a inapectiona t.o ensure that conatruc:tion proceeda in a timely manner according to plans and specifications. SECTION THREE EHA OBLIGATIONS 'lbe EHA shall have the following l"NJ)ODBibilities, duties, and powers with respect to the City and Project Build funded JJl'Oll'IIIDII: 1. EHA shall adminiater the Project Build Procram for the City. 'lbe fee for thia service shall be u stated in Mtacbment A or any aubeequent fee neaotiated punuant t.o thia A,rNment. 2. 'lbe EHA, uainr a Project Build project propoaal. shall identify a property that meets the PrcJll'UD'• objectiv•, a budpt, and a timetable cWineetins the lmcth of time needed for each project. Any such budpt shall praperly and fully identify the amount of Project Build ftmda that the ERA ia reqUNtiac at that time. 3. 'lbe EHA shall couult with the City llaaapr or bis dNipee on .- affecting Project Build, indudias policJ --and fwutinc iauea. 'lbe EHA shall fumiab project atatua nparta to the City llaaapr or bis daipee CID a monthly baaia. 4. No projec:ta, _. the -t allocatad tbenlar, may be c:banpd by the EHA without prior~ of the City. All nqu-.cl cbaa,w must be IUbmitted in writiq t.o the City. 5. TIie ERA apw to '-re that the 6mda alloclUd b any ilPl*Wed Project Build project.a shall be adllciaat to aapl• said project.a without any additional Project Build f\mdiq. 2 " -. , • C ' • • 0 , )- • • • 6. Once the City approves a Project Build Project, the EHA shall seek proposals from interested contractors. A notice shall be sent to licensed, prequalified builders seeking their interest in offering a proposal for construction of said project. 7. Any contractor that the EHA uaes for Project Build activities shall be required to provide and maintain, until final acceptance by the City of all work by such contractor, general liability and property insurance in an amount not lea than $100,000 by the contractor and to provide and maintain automobile liability inllUl"ance and workmen's compensation insurance required by Colorado law. Proof of such insurance shall be fumiahecl to the EHA. 8. The EHA shall maintain a complete Mt of boob and recorda documenting its use of Project Build funds and its euperviaion and administration of the Project. The EHA shall provide full _. to tbeae boob and rec:orda to the City so that compliance with the Project Build pala may be confirmed. Further, the EHA aball provide to the City, a copy of any audit reporta pertaining to the EHA's financial operations during the term of thia qreement. 9 . The EHA shall require a purcbuer to qree to the following covenants in the purchase of said property: A . The City shall have the fint right to purchaN the property if offered for sale within three (3) consecutive years from the date of IUch Deed. B. Should the Grantee ceue to occupy the property M Grantee'• residence before the ezpiration of"three (3) comecutive years from the date of such Deed, the City aball haw the ript to pun:baae the property at IUCb time that the City learns the property has been rent.eel or offered for rent. C . If the property ii rmted, it aball be~ that damapa are the UDOUDt or rent paid and all rmt aball be paid to the City. In the -t the City eleeta to repurcbaN the property, the City aball pay the fair market value of the prus-t7, • d9termiDecl by ca1iftecl appraiaal, or the parchMe m-, lien ._t wbicbeftr ii paw. The City sball be under DO obliptiOD to actually make the pun:baae or pay the IUID8, un1Na fwmal approYal ii made by the City Council. The pun:baae price aball flnt be applied to all pun:baN 1110118J lieDI OD the property, tblll to all other J.ima OD the property and finally to the purcbaln. D . Such covenants aball be effective for a period of three (3) ,-n from the date of the deed and aball automatically terminate after paaap of said time period. 10. The EHA shall market laid properti• in a maDDer which will pnerate • many potential buyers M poeaible . 11 . If it ii determined by tbe City that tbe apmditun, ill whale or ill put, far tbe EHA'1 project wa1 improper, iDapprapriatie or ineltsible, tblll tbe BRA aball reimbune tbe P....-:t Build ftmd to tbe run atmt of tbe ~- 3 ,, - . . .. • • - '" l '. , J- • • • • 0 • SECTION FOUR MISCELLANEOUS 1. The term of this Agreement shall begin on the date of the City Council approval (the "effective date"), 88 evidenced by the date first written above and shall continue until the Agreement is terminated 88 set forth herein. 2. Thia Agreement is subject to such modifications 88 may be required by changes in Federal or state law, or their implementing regulations. Any such required modification shall automatically be incorporated into and be part of this Agreement on the effective date of such change 88 if fully set forth herein. 3. This Agreement is intended u the complete integration of all understandings between the parties. No prior or contemporaneowi addition, deletion, or other amendment hereto shall have any force or effect wha~. unlMB embodied herein by writing. No subaequent notation, ren-al, addition, deletion, or other amendment hereto ahall have any force or effect unless embodied in a written supplemental contract which has been properly eucuted. All previous Project Build agreements between the City and EHA are void and this Agreement shall govern the relationship betwem the City and the EHA for the Project Build Program. 4 . To the extent that this Agreement may be uec:uted and performance of the obligations of the parties may be accomplished within the intent of this Agreement, the terms of this Agreement are severable, and should any term or provision hereof be declared invalid or become inoperative for any reuon, 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 c:omtrued as a waiver of any other term, or the aame term upon aubeequent breach. 5 . It is upl't!llllly undentood and acreed that enfon:ement of the terms and conditiCIDII of this Apeement, and all ripts a( acti.OD relatm, to auch enforcement, shall be strictly ..-ved to tbe City and the EBA, and nothing contained in this Aar-ent ahall pve or allow any auch claim or ript of action by any other or third penoo on such Acr-t. It ia the..- intention oCtbe City and the EHA that any peram other tban tbe City or tbe EHA receivin, aervicea or benefits under this A,rNmmt aball be dNmed to be an incidental beneficiary only. 6 . Either party to the Ap-eement may terminate tbe .Aar-ent by sivinl to the other 30 days notice in writing with or without pod cauae lbown. Upon delivery or such notice and upon expiration of the 30 days period, all Nnicea in connection with the performance or this A,reemmt aball atop. Aa 100D as practicable after receipt of notice or termination, each party shall submit a 1tatement, ahowinc in detail the aervicea performed under the Apeement to the date or termination. Further, this a,reement may be suapended or terminated by the City if the EHA materially faill to comply with any term of this agreement . 7 . Each party shall promptly pay that proportiOD or the pnacribed charpa which the aervicea actually performed under the Apeimmt bur to the total NnicN called for under the Acnement, 1-a such paJ!MDta OD account or the charpa as have been previoualy made . 4 . ' , •· • 0 , 2 • • UI • !"'I 0 • • ~ ~ ~ ~ ~ ~ ~ ~ J.•~ ~~ ~, 11' 111·~ ·~ l}fl ([~~ 1 ti t1 1· f !Hf It · 1 1, 1l! h i,. ! riH l & ~ . r.~ t l.. ~ t1 t ~ If .. f I a.1 f Ji· ri ti t tt f' J ;1 ,,, :,. l if! [fil ll" ~I" ff 1~ fflfl [l l i! rlft . i 1 1 ( ~ • ~rt r., ~, .t~r Ji~' 11 f" t(1 Jtlr! JI l·t:' l ii J .. ,. . ~ ,.J -la ! 1 • J· 1:i • . f tJ tf f!!i I fJj tf1ll ,i tl~r 1!Jr It iI i!ff ! ;,~ 1~1111 !}ii . !fl 1 i , • r 1:t I r J .. , f 1 11· ! ! ft t 1:; J, ! I 11s· :•11 f lat .11 [ r , l ~ ·' 1 rJ · h l f a i 1 J ~ 1 t ir f. . J J. r r I . ' ,I ' r • i....,.i I ;' I . . . ' ... . , ~ "'! I ,• I ... I ]- - • • • • • '~. IN WITNESS WHEREOF, the parties hen,t;o have uacut.ed tbia Agreement the day and year first above written. ATTEST: Louc:riabia A. Bilis, City Clerk ATTEST : CITY OF ENGLEWOOD, COLORADO ENGLEWOOD HOUSING AUTHORITY Cheryl St. Clair, Direc:t.or 6 ', • • • 0 f __ -I - • • • ,.. • • A'M'ACHNBNT A Annual qreement for payment by the city to the EBA for am"Yicea rendencl by the EBA for adminiaterin( C.D.B.G. ud Project Build for the ,-r 1998. $1 '71,lll50.00 Thia amount shall be paid iD 1DC1Dthly paymenta of $14,329.17 . 7 '' • . ' • • 0 , I ]- • ... • • '· ATTACHMENT B PROJECT BUILD GUIDELINES AND BENCHMARKS 1. Project Build program mould not develop vacant land. 2. Project Build ahould pun:bue and redevelop 1111batanclard, ne,lected and uninhabitable properti•. 3. Project Build ahould completie the boaw per ,-r at 1998 ftmdiDI ...a.. ,. Project Build funda .a-Id be UNC1 rw praject ....... npen-IAICh. rNI ..... acquiaitiOD, demolitiOD, architecture, coutnactian, IIIU'Umlf and cut.omary and uaual flnance and dOGJll ~- 5. Project Build ahould aupport tbe City Goal of iDcrNaiq the number of owner- occupied dwelling unita in En,iewood. 6. Except for adminiatrative u:penw let forth OD Attachment A hereto, Project Build funda ahould not be uaed for aalary, benefit or other penonoel Cllllta. 7. City provid• funda for adminiatratiOD of Project Build. 8. Project Build projecta shall be enmpt from feN for buildin, permits. 9. Chanps in Project Build Guidelinee and Bencbmarb ahould be in writin,. 10. Project Build Ouidelin• and Bencbmarb .a-Id be naluated mually to d~ if reviaiona are n-.,y. 11. Project Build adminiwtraton lbould alert the City wbm Ntimuad pil'-pnject IUbaidy ---$50,000. 12. Project Build ahoald aupport -and two-family ctnl1inc ~- 13 . Project Build ahoald aupport Wanfarce Houaiq J£aclawood. A copy of tbe proYiaiona of the Worldarce Houaiq .,.__ Prop-am an u&acbed banto. 14. 'Ibe Ap,lement shall be effectift llarcb 1, 1998. 8 11 -. • I • .. • • 0 I - • • • ~ • ' '· MEMO To: Bob Simpson, Manager, Neighborhood & Business Development From: Marie Graham, Neighborhood Community Coordinator Date: December 29, 1997 Subject: Workforce Housing in Englewood A public/private pertnersbip devoted to housing issues bas been meeting during 1997 to define housing needs and opportunities in Arapahoe County. The City of Englewood and the Englewood Housing Authority have been repraemed It the meelinp. mortgage lenders, housing developers. non-profits, and Arapahoe County Community Services Department were abo rep.esented. One need that bas been identified by the partnership is for more "Workforce Housing." Wortfon:e Housing is a category that includes the tnlditioml low and moderate income housing and extends to include housing affordable to dual income families. Consistent with Englewood's housing needs. Englewood's Project Build progrmn is specifically authorized to build "move-up" housing serving households in addition to low and moderate income households . I' -. . • . .. • • 0 I • • • JPeddtoe fmiec;t Build AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD HOUSING AUTHORITY REGARDING PROJECT BUILD Thia 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 Houaing Authority, a body politic and corporate, under Part 2 of Article 1 of Title 29, C.R.S. 1986 of the State of Colorado (herein called "EHA") for the conduct of Project Build. WHEREAS, the Englewood City Council transferred $500,000 &om the General Fund in 1991 to the Project Build FUND; and WHEREAS, the money being tranaferred back to the City General Fund FROM the Project u the current inventory ia sold .... AND SHALL BE uaecl u Council directa; and WHEREAS, the Englewood City Council transferred an additional $500,000 in 1996, -ene lleairaa•ell OF WHICH, $320,000 WAS DESIGNATED for buaineas enhancementa; and WHEREAS, THAT $320,000 shall be transferred &om the Project Build Fund to the General Fund in 1997 leaving aaaeta of $680,000 in the Project Build Fund; and WHEREAS, the City and the EHA consider it to be in their mutual interest to cooperate in the development of underutiliaed property WITHIN THE CITY; and WHEREAS, the City and the EHA deaire to set forth their reapective obligations, duties and powers with reapect to Project Build; SECTION ONE PURPOSE 'n1e pwpNe of tbil aar-t ia to clarify the rel•timebip betwem the City of Enp-ood and the Eqlewood Houainl Autbority with reepect to Project Build eucb that the parties may d'ect an uppwle of City blocb that cmtein Ullderutiliaed propertiee which are not economically feuible to rehabilitate, increue in the percmtep of owner occupied structures within the City. SECTION TWO CITY OBLIGATIONS The City ahall have the following reaponeibilitiea, duti•, and powera with reapect to the ERA/Project Build: 1. The City ahall •tabliah --,-. • alije.ei.o• GUIDELINES AND BENCHMARKS for apenclitune of Project Build funda. Current pla and objectiv. are attachecha B b 'hiH .t.Tl' ACHMENT B. 2. 'n1e City Council eball have ultimate aupeniaory and adminiatrative l'NJ)Oll8ibility for the apenclitun of Project Build funda, INCLUDING DESIGN AND PRICING CRITERIA. ..... ,, _ • . ... • • 0 , I ]- • • • • 3. THE CITY SHALL PAY EHA FOR ADMINISTRATIVE SERVICES PROVIDED BY EHA IN ACQUIRING AND DISBURSING PROJECT BUILD FUNDS FOR A MONTHLY FEE AS ~ABLISHED BY THE CITY ON ATTACHMENT A. 4 . FIVE ADDITIONAL ONE (1) YEAR PERIODS FOR THESE FEES MAY BE NEGOTIATED BY THE CITY MANAGER OF HIS DESIGNEE. 3 . 5 . The City Council reserves the right to approve or disapprove an EHA request for Project Build funds . 4. 6 . Property purcbaaed and aold under this program ahall comply with Section 72 of the Home Rule Charter City of Englewood, Colorado. 5. 7 . Upon the sale of an EHA Project Build property, the City ahall reimburse the Project Build fund in the amount of the current fair market value of the property leu any portion of the value attributable to expenditures ofnon-Projec:t Build funds for acquisition of, or improvements to, the property and lea any write down of the coat of the developed property. 6. 8. The City reserves the right to perform progreu inapec:tiODII to enaure THAT construction proceeds in a timely manner according to plans and specifications. !l-. The Qi., wiH 9t1ppsn the Mliriliea efthe 8Hh ill --•aat '9 he ----i11eli II:, •e Qi., Sa imeil. Saili -•_. '9 lte epp.ap.ieW --a,,. SECTION THREE EHA OBLIGATIONS The EHA ahall have the following reeponaibilities, duties, and powen with respect to the City and Project Build funded prclll'8JD8: 1 . EHA SHALL ADMINISTEll THE PROJECT BUILD PROGRAM FOR THE CITY. THE FEE FOR THIS SERVICE SHALL BE AS STATED IN ATTACHMENT A OR ANY SUBSEQUENT FEE NEGOTIATED PURSUANT TO THIS AGREEMENT. i . 2 . The ERA, alanc wi• USING a Project Build project propoaal, shall identify a property that meets the procram'a objectivw, a budpt. and a timetable delineating the length of time needed for each project. Any aw:h budpt aball properly and fully identify the amount of Project Build funda that the EHA ia requesting at that time. a 3 . The EHA ahall comult with the City Manapr or bia deaipee on iuues affecting Project Build, indudin, policy iuuea and fundiq iuuea. 'lbe EHA aball furniah project ltatua reporta to the City MANAGER or bia daipee CJD a monthly basis. 3. 4. No project.a, nor the amOUDt all-ted tber.rw, may be c:bulpd by the EHA without prior approval of'the City. All requaeted cb.anpe muat be IUbmitted in writing to the City. .. V 2 .. •· • 0 ]- l • • t~ . -' .. 4. 5. The EHA agrees TO INSURE that the funds allocated for any approved Project Build projects shall be sufficient to complete said projects without any additional Project Build funding. i. 6. Once the City approves a Project Build Project, the EHA shall seek proposals &om intereated contractors. A notice aball be sent to licemed, prequalified builders seeking their interest in offering a proposal for construction of said project. &. 7. Any contractor that the EHA uaN for Project Build activities ,hall be required to provide and maintain, until final acceptance by the City of all work by 1uch contractor, general liability and property insurance in an amount not 1111111 than $100,000 by the contractor and to provide and maintain automobile liability insurance and workmen', compenaation insurance required by Colorado law. Proof of such insurance shall be furnished to the EHA. i. 8. The EHA shall maintain a cc.nplete Nt of boob and rec:orda documenting ita uae of Project Build funda and ita superviaion and administration of the Project. The EHA shall provide full -to thNe boob and records to the City ao that compliance with the Project BUILD goals may be confirmed. Further, the EHA shall provide to the City, a copy of any audit n,porta pertaining to the EHA'1 financial operati111111 dunn, the term of tbia agreement. 8. 9. The EHA aball require a purcbuer to agree to the following covenant. in the pun:bue of aaid property. A. The City shall have the ftnt riaht to pun:hue the property if offered for sale within three (3) couec:utm :,ears &om THE date of such Deed. B. Sbould the Grantee cuae to occupy the property u Grantee'1 l"Nidence before the upiratioD ofthrN (3) canaec:utive yean &om the date of such Deed, the City shall have the riaht to purcbaN the property at IIUch time that the City learm the property baa hem reDted or offered for rent. C . If the property ia raited, it shall be prNWDed that damapa U'II the amount of rait paid and all rait shall be paid to the City. ID the -t the City electa to repurcbaN the property, the City aball pay the fair market value of the property, AS DETERMINED BY CERTIFIED APPRAISAL, or the purchue m-,, lien amount whichever ii P"Nter. The City shall be under no obliptioo to actually make the purchue or pay the auma, un1-formal approval ii made by the City Council. The purc:baN price shall ftnt be applied to all purc:baN mooey lieu Oil the property, then to all other liena OD the property and ftnally to the pun:huer. D . Such awenuta aball be dec:tive for a period of three (3) ,-n from the date of the deed and aball automatically terminate after paaaap of aaid time period. 9.10 . The EHA shall marbt aaid propertiea in ....._ A 11ANNER WlUCH WIU. .--.te u many potential bu:,wa u poaible. ie.11 . If it ii detarmiMd by THE City that tbe upeaditure, in wtio. or in part, far the EHA'1 project wu improper, inappropriata or ineUaible, then tbe EHA aball reimbune tbe Project Build fund to tbe fllll atent of tbe diaall-. 3 ,- • .. •· • 0 , I -• • • SECTION FOUR MISCELLANEOUS 1. The term of this Agreement shall begin on the date of the City Council approval (the "effective date"), as evidenced by the date first written above and shall continue until the Agreement is terminated as set forth herein. 2. This Agreement is subject to such modifications as may be required by changes in Federal or state law, or their implementing regulations. Any such required modification shall automatically be incorporated into and be part of this Agreement on the effective date of such chanp u if fully set forth herein. 3. This Agreement is intended as the complete integration of all understandings between the parties. No prior or contemporaneoua addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein by writing. No aubaequent notation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a written supplemental contract WIUCH HAS BEEN PROPERLY uecuted. All previous Project Build qreementa between the City and EHA are void and this Agreement shall govern the relationship between the City and the EHA for the Project Build Program. 4. To the utent that this Agreement may be esecuted and performance of the obligations of the parties may be accomplished within the intent of tile THIS Agreement, the terms of this Agreement are aeverable, 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 conatrued u a waiver of any other term, or the aame term upon IUbaequent breach. 5 . It is upreaaly UDdentood and a,reed that enforcement of the terms and conditions of this A,rNment, and all ripta al ac:tiOD relating to such enforcement, shall be atrictly -,red to the City and the EHA, and nothing contained in this A,rNment ahall Ii,,. or allow any ncb claim or ript of action by any other or third ,--OD mcb Ap-eement. It ia the aprNa intention al the City and the EHA that my ,--otber than the City er the EHA receiving NrVicea or benefits under this Apeement shall be deemed to be an incidental beneficiary only. 6. Either party to the Agreement may terminate the Ap.ment by livinc to the other 30 daya notice in writing with or without p,od cauae lhown. Upon delivery of such notice and upon expiration of the 30 daya period, all lel'Vicea in connection with the performance of the THIS Acr--t ahall at.op. t.. aoon u practicable after receipt of notice of terminatian, Neb party ahall aubmit a statement, showing in detail the l8l'Vicea perfo.med under the Ap.ment to the date of termination. Further, this -,.-t may be auapended er terminated by the City if the EHA materially fain to cxaply with any term of this agreement. 7 . Each party ahall promptly pay that proportiall al the pnacribed c:barpa which the aervicea ac:tually performed under the Aar-mt bear to the t.atal ~ 4 . ' •· • 0 , 2 ]~ • • • • (. called for under the Agreement, leas 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 neceuary or that are required by its proceclures, bylaws, or applicable law, to legally authorize the underaipecl lipatory to uecute this Agreement on behalf of the party and to bind the party to its terms. 9. The City ofEqlewood and the EHA agree THAT THEY SHALL not to refuse to hire, cliacharge, promote or demote or diac:riminate in any matter of compenaation; performance of 118l'Vicea or othenriae, apinat persona otherwise qualified aolely became of race, c:reecl, au, color, national oricin or ancestry. 10 . The City of Eqlewood and the EHA as well as the employees and apntll of each entity aball be c:onaidsed for all purpoee1 ef.the TIUS Agreement aeparate entitiea. 11 . The City of En,1-ood and the EHA will eatabliah aafetruarda to prohibit m THEIR emplo,-, apntll, or NrYantll from uaing the TIUS Agreement for any purpoee which ca-or lenda itaelf to crNte an appearance of impropriety. Said emp}oyeN, apnta or Nfflllltl aball not Nek any penonal benefitll or private pin for ~. their familiea, or others . 12. 'Ale ,.... EACH PA1l'l'Y AGREES THAT IT ahall not aaaign or tramfer ita intermt in the TIUS Aar-t without tbe wriu.n caumt of the other party. Any unauthorised aMipmmt or tramfs aball render the TIUS 111\greement null, void and of no effect. 13 . Any notice to be p,,m bereuader ahall be clemaed pTilll when aent by l'8liatffed or certifiecl mail to the add.-below: Director Eqlewood Houaiq Aatbmity MIO S. Dali St. Blqlewood. Cob'lllllo 80110 City llaaapr City«~ MIO S. Blati St. Blqlewood. Colorado 80110 14 . Not.binc ba9in aball be -*-M -tine any penmal liability CID the part « any afflcer or ..-& « aDJ' pablic bodJ which maJ be party hereto . 15 . Tbe acr-t aball be carried out in~ with the lawa of the State of Colorado and all applicable Federal lawa and nsuJatiam, and all local lawa, ordioaocea and rerulatiau . 5 ------~---- • • • 0 I - - • • • '· IN WITNESS WHEREOF, the partiea hereto have uecutecl tbia Apeement the day and year first above written. ATTEST: Loucriahia A. Ellia, City Clerk ATTEST: Secretary CITY OP ENGLEWOOD, COLORADO Gary Sean, City Manapr ENGLEWOOD HOUSING AUTHORITY Ci-,t St. Clair, Director 6 ------ . , • . • • 0 f ___ I )- • ~ • • <. A'M'ACHMENT A Annual agreement for payment by the city to tbe EHA for Nl'Yicea rendered by the EHA for adminiatering C.D.B.G. and Project Build for the :,ur 1998. Annual Adminiatrative Costa $171,9l!O.OO 'lbia amount lhall be paid in monthly pa:,menta of $14,329.17. 7 ' . ' . • .. • • 0 l __ -. I - • • 1. 2. 3. ,. 5. 6 . 7. 8 . 9 . 10. 11 . 12. 13. • • «• • ' <. ATTACHMENT B PROJECT BUILD GJJIDEI,JNF,S AND BENCHMARKS Project Build program should not develop vacant land. Project Build should purchaae and redevelop substandard, neglected and uninhabitable properties. Project Build should compl8'e five bouaN per year at 1998 funding levela. Project Build funda should be uaed for project related expenw such u real estate acquisition, demolition, architecture, construction, marketing and customary and wiual finance and closing coata. Project Build should support the City Goal of increasing the number of owner- occupied dwelling units in Englewood. EXCEPI' FOR ADMINISTRATIVE EXPENSES SET FORTH ON ATTACHMENT A HERETO, Project Build funds should not be uaed for salary, benefit or other personnel costs. City provides funds for adminiatration of Project Build. Project Build projects shall be eumpt from feN for building permits. Cbangea in Project Build Guidelin• and Bencbmarb should be in writing. Project Build GuidelinN and Beacbmarb should be evaluated annually to determine if reviaiom are n-,y. Project Build adminiatrat.on llbould Ult the City when Ntimat«l per-project mbaidy ---'50,000. Project Build lhould luppor& Gae aad ~family chrellinc coutructiOD. Project Build lhould aupport Wonfaree llouam, Bn,lewoocl. A COPY OF THE PROVISIONS OF THE WORKl'ORCE ROUSING ENGLEWOOD PROGRAM ARE ATTACHED HERETO . 1'. The Acreement shall be effective March 1, 1998 . I ~ . ' • • • 0 I • • ·, • ~A~OR!~ ODINANCE NO. }"),' SERIES OF 1997/1~ Alf OIIDIMAIICB APPltOVING AND AIIBNDING THE PLANNBD UNIT DEVELOPMENT FOR THE BROOKRIDGE SHOPPING CENTER TO ALLOW A OIIANOa IN' IIOOPDIO IIA'l'DIALS PIIOII STANDIN'G DAIi iDT.AL TO DIMENSIONAL ASPHALT SIUNGLES AND TO ALLOW CONSTRUCTION OF A SIX 1'00I' 8DfOLB.8IDlm PIINCB ON 'l'RB BASTaX PIIIIDllfflDl OP 'l'RB SHOPPING CENTER. WHEREAS, the Englewood City Council approved the Brookridp Shopping Center's Planned Unit Development with the pasaage of Ordinance No . 3, Series of 1996/1997; and WHEREAS, J. Michael Spriggs of Brookridp Shopping Center, Inc. filed an application for an amendment to the 1996/1997 Planned Unit Development; and WHEREAS, the propoeed amendment would allow a change in roofing materials from standing seam metal to dimenaional uphalt shingles and change the fence from an eight foot (8') double-aided fence to am foot (6') single-aided fence on the eastern perimeter of the Brookridge Shopping Center; and WHEREAS, pursuant to E.M.C. 16-4-15(7)(2), major modifications to a P .U .D. District Plan must be approved pursuant to the same limitations and requirements by which 1uch Plan was originally approved; and WHEREAS, these requirements include a review and approval by the City Staff' and the Planning and Zoning Commiuion; and WHEREAS, the Englewood Planning and Zoning Commiuion held a Public Hearin( OD October 7, 1997, reviewed the Amendment o(the Planned Unit Development and recommended: 1. The Amendment of the Planned Unit Development for the Brookridp Shopping Center, to allow a chance in roofing materials from Btanclinr seam metal to dimenaional asphalt shingles, and to allow construction of a six foot single-aided fence on the eastern perimeter of the Shopping Center be approved. NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sec:tim 1. The En,lewood City Council hu reviewed the amendments to the P .U.D . of the Brookridp Shoppinc Center and punuant to 16-4-115(1)(2) E .M.C . finda that the P .U .D. 1ite plan ia in CODformance with the diatrict plan requirements . Sec;tim 2 . The Englewood City Council ftnch that all required documents, drawinp, referrals, recommendations and approvals have been received. -1- .. •· • 0 , 'v I -• ,. • t• • ., .. Sec;tigp 3. The Englewood City Council finds that the P.U.D . Bite plan is comistent with adopted and generally accepted standards of development within the City. Sed;ign 4. The P .U .D . Bite plan is substantially consistent with the pla, objectives and policies and/or any other ordinance, law or requirement of the City. Section 5 . The City Council of the City of Englewood, Colorado hereby approves the Amendment to the Planned Unit Development for the Brookridp Shopping Center. Sec;tiqp 6. The Amendment will allow a clump in rooftnc materiala from standiq -metal to climenaioaal upbalt llbiJr.cles and to allow a clump from an eisht foot <8'> cloable Bided to a m foot <&'> sinlle-Bided fence Oil the eut.ern perimeter of the Brookridp Sboppiq Center. Introduced. read in full, and puaed OD tint reading OD the 3rd day of November, 1997. Publiahed u a Bill for an Ordinance on the 7th day of November, 1997. A Public Hearing wu held on December 15, 1997. Read by title and pused on final readm, on the 5th day of January, 1998. Publiahed by title u Ordinance No._, Seriea of 1997/1998, on the 9th day of January, 1998. Tbomu J. Buma, Mayor ATTEST: Louc:riahia A. Ellia, City Clerk I, Low:riahia A. Ellia, City Clerk of the City of Eqlawood, Colondo, banby certify that the above and foretoinl ia a true copy of the Onlinance puaed on final readiq and publiahed by title u Ordinance No. _, Seriel of 1997/1998. Low:riahia A. Ellia -2- 6' - , ' .. • ' • , ' • 0 I - • • 2. 3. 4. • • - EGULAR MEETING OF ENGLEWOOD CITY COUNCIL MONDAY, JANUARY 5, 1998 7:30 P.M . Pledge of Allegiance. ~ Ro!ICall.?~ 5. Minutes. • Jftdf?~ Minutes han tt>e Reg"'°'City ~......,. .. Oecambe, 15, 1997 . ~ 6. Scheduled Visitors. (Please limit your presentation to ten minutes .) 7. 8 . a) Mr. Doug Massey, owner of the convenience store at Federal and Union, will be present to discuss the traffic situation on West Union Avenue. Non~· J.J8?J'i~rs,$1}:Jf8J)'it your presentation to five minutes .) } Mee~.a"'~ - Co municatiorlt'Prociamations, and Appointments. • . •· • 0 ,. )- • • • 6' - ,.. • , . . • ' Page 2 January 5, 1998 City Council Meeting Agenda rJ d) Brief Reception. ~~I) q:{O ~ (J:]91 9. R.~~WUJUJ~ Public HeagNone scheduled) 1 o. Consent Agenda. a) Approval of Ordinances on First Reading. Council Bill No. 1 -Recommendation from the Department of Neighborhood and Business Development to adopt a bill for an ordinance approving an amendment to the section of 1he Municipal Code pertaining to Fences, Walls, and Visual Barriers. ,,SJAFf SOURCE~f'-. o.pn1,~A.A.J PlannlngAulatantllnlam. /JJ/ ~ .:i-/ft/9fY j!~ ~ 7-Q I) IJ.. 'Al -ii) Council Bill No. 3 -Recommendation from 1he Utilities Department to (;,(J1" -, ~ adopt a bill for an ordinance approving a land exchange with Soule Trust r V at Union Avenue Reservoir. STAFF SOURCE: Sllwart H. Fonda, Director of UtllltlN.~ AI\J_j)~/~~~;~~--~~::.:!:..~ fr UL ::,r-ff11·t for Trash Hauling Licenses. ~ " " ~ 11 / Council BIii No. 102, approving a right-of-way agreement with RTD for the f/' l4 -:P-...---Mineral Avenue Park-N-Ride. ()).J # -6- NIJ 3- (Yl(lfl=-L ()UI-_S_ MJ# Y7 N:/1 _l t>U.I __ g~ ()'ii.JI _J_ iii) iv) v) vi) vii) viii) Ix) x) Council Bill No . 103, approving a Temporary Water Supply Agreement with Centennial Water and Sanitation Dlstric:t. Council BIH No . 104, exte11dl11g 1he Moratorun after a lapse of one week. Council BIii No. 108, extending a cooperative funding agreement with the Bureau of Alcohol, Tobacco, and Firearms for lhe 1998-1999 "G .R.E.A.T ." program. Council BIii No . 109, accepting a "COPS MORE 98" grant from the U.S. Department of Justice, Office of Community Oriented Pollclng Services. Council BIii No. 110, extending a Bureau of Justice Aulstance Grant In , the amount of $47,284 .00. Council BIU No. 111, approving Southgate Supplement 1134. Council BIii No . 112, approving Southgate Supplement 1135. Council BIii No . 113, transfening City Dillch water rights to South Suburban Park and RecrNtlon Dlatrlc:t . -.-:r---' .-; -· ... ~,.-. -. ·~..r:~t ~t;T.•.. .,., .,• ....;......L__ ----~ ~----L .-" " ' ...._ ----• • . • • 0 • . , . ·, • '· Page 3 January 5, 1998 City Council Meeting Agenda /Y)) JI:-. -/D xi) Council Bill No. 114, accepting grant funding from the Victim Assistance c)~~-~~2-::#~ /). :1-l i) Recommendation from the City Clerk's Office to approve a resolution ~ designating the bulletin board in the lobby of Englewood City Hall as the Official Posting Place for all Legal Notices for the City of Englewood. STAFF SOURCES: Frank Gryglewlcz, Dlntetor of Flnanclal ServlcN and Loucrlehla Ellis. City Clerk. ii) Recommendation from the Municipal Court to adopt a resolution approving the appointment of John Louis Parkinson as Associate Judge. STAFF SOURCE: Tammy Wolfe, Court Administrator. mendation from the City Clerk's Office to approve, by motion, the de · nation of the Englewood Herald as the legal newspaper for the City of E glewood until modified by the City. STAFF SOURCES: Frank llrillllewJcz. DI Services and Loucrlahla Ellla, City 11. RegularAgenda. ~~~ a) Approval of Ordinances on First Reading. ~ vfl" ;f8, t/ /1 , ...J. , I i) Recommendation from the Department of Neighborhood and Business ~ ep,r '1 ) Development to adopt a bill for an ordinance approving an /1 ~ JJ-1/ lntergovemmental Agreement with the Englewood Housing Authority to a"~ V'f r" -, /~~..-t~coordinatlonandclartfyreepec:tiveobligatlons. STAFF ....l, hv ~-ur.__•M1r1l~~·,ttnt7=•tC:UU.6sal I. lJ}"' r, n.Jb_ 5 ii) Recommendation from the Department of Neighbortlood and Business ~ ,. tP , .• aRevelopment to adopt a bill for an ordinance approving an ()II \ / / A*'' Tntergovemmental Agreement with the Englewood Housing Authority 5 / 1 • 1,,,.auV regarding Community Development Block Grant Fundl. STAFF ~,.-SOURCE: llllfll 81ala11, II ff m•nlly COOnlliiltor. () ,TJJ--{; iii) Recommendation from the Department of Neighborhood and Business l..:/7'' Development to adopt a bill for an ordinance approving an lntergovemmental Agreement with the Englewood Housing Authority regarding Project Bullet STAFF SOURCE: ~ 11 r ••·•--.•-ca,a.iiiloTtiKOA'f ---~ . ' • • 0 • ,- • • Page 4 January 5, 1998 City Coun cil Meeting Agend a Approval of Ordinances on Second Reading . Council Bill No . 97 , amending th~'!ln~ed J~it D~velopment for the Brookridge Shopping Center. /6 ~ \. l W Resolutions and Motions. "\»' i) c) 12 . General Discussion. a) Mayor's Choice . 13. b) Council Members' Choice . ~ ~ City Manage'8 R,oort. tlpp;Jt7 --'C)~ a) South Suburban Park and Recreation District l:!._V b) Review of Engle ~ ., • • • 0 ' --~~---. ·- • • 0 I• • • 2 ,_0j--e,t?-'~27~~,...___~6___ __ --==~ ~-o,fi/1~_kimw~====-~~~-== - . . I· • C ' 2 - • • • -- . - • 0 • • •• ,. - . ' I • ( . . -. ~--~----~----,,_ • ' . 0 , • • • -·-~~ J~fl;J;;iJ/7~ ~ __ u~_--~-· ~-- {!j)_ ~-w -~~ ----"---- ~~ b~d&o~ -~ ----J-:---~~£_~~-¥-~- • . -• • • . • ,; 1 r, . . . . . I . . , • - 0 I • • . . . . • --_: -----==-)J#f_ ------ " --- • • I· • C • , , • I \ "'-~ -. Jil , ' • "' - 0 I • • • • C • - • • • . . 0 I• • ---- I _@ ---- -------------------------------- ------------- --------------·· • . ""' ' I • . ' ... . . •· • 0 ' 2 ]- - • • • • · . • January 19, 1998 Regular City Council Meeting Trash Hauling Public Hearing cornerstone Park Pub Hrg continued . , ,,. • . ... • 0