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Home My WebLink About1996-05-06 (Regular) Meeting Agenda- - • · .. • • llegullr City Council Meclina May6, 1996 • • • Ordinancel: 419, 20, 21, 22, 23, 24, 2S 7 _,,(.a. ... ,o, 51, 52, 53, .. .. . • t ' .. ... • .. 0 • I· • 0 '--·-· • • RESOLUTION NO . 46 SERIES OF 1996 A RESOLUTION HONORING AUSTIN GOMES AS ENGLEWOOD 'S ClllZEN OF TIIE YEAR FOR 1996. • 0 - WHEREAS , Austin Gomes has been an Englewood resident for 38 years, and has proven himself an important and influential member of the community of Englewood : and ,. . WHEREAS, Austin uescribes himself as a "man of action, not of words," a principle demonstrated by bis quiet commitment and service to the community of Englewood; and WHEREAS , Austin bas served on the Englewood Parks and Recreation Commission for 16 years , providing guidance and oversight for Englewood's Parks and Recreational activities, and currently chairs the Commission; and WHEREAS, Austin bas played an active role in staging the Englewood Holiday Parade for 17 years, and provided invaluable guidance and leadership as President of the Englewood Parade Association for 1995, making last year 's Englewood Holiday Parade a huge success; and WHEREAS, Austin bas been involved with many other organizations in the community, including the Englewood Board of Education, the Englewood High School Band Boosters, the Malley Center Trust Fund, and was influential in forming the Englewood Cultural Arts Commission; and WHEREAS, Austin bas been an active member of St. Louis Catholic Church for many years, serving on the Advisory Council. the Finance Committee, and running the Bingo games every Saturday night for the last twenty years to raise money for the school; and WHEREAS. Austin is a generous man with a caring heart, and bas been described by friends and acquaintances as an absolute gem, committed, conscientious, good humored, f1Dcible , principkd, energetic, forthright , dependable, --a keeper; and WHEREAS, Austin brings a sense of pride in his community to all he does, and has the unique ability to instill that pride in others: NOW , TIIEREFORE, BE IT RESOLVED BY TIIE CITY COUNOL OF TIIE CITY OF ENGLEWOOD, COLORADO TiiAT AUSTIN GOMES IS NAMED ENGLEWOOD'S CITIZEN OF 1HE YEAR FOR 1996 ADOPTED AND APPROVED this 6th day of May , 1996. ~ ~~~ 2 ~~~ ~uri Oapp,CJMember . ·t_. c.-1 ,I M. 'tl,th,((~ c Alexandra Habenicht, Mayor Pro Tem ~-t ~ _!!ia~ay, ~oun ·1 Mem~ -/· / --. ' /,. / _,.-:,,,,e. . ' / _...,._._ .. Kells Waggoner, ember 0 4, E. I,. J . • ~'ae Wiggins, C~ember • - .. I • 0 ' - - • • • • ,. ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Replar Sellioa May 6, 1996 1. Call to Order The regular meeting of the Englewood City Council was Clllcd to onler by Mayor Bums ll 7 :39 p.m. 2 . lawcatioll The invocation was given by Council Member Wiggins. 3. Pled&e fll Allqiaace The Pledge of Allegiance -led by Mayor Bums. 4. RollCall Present: Absent: Council Members Halhaway, Clapp, Wiggins. Habenic:hl, Vormittag, Waggoner, Burns None A quorum was present. Also present: City Manager Clark City Attorney Brotzman Assistant to the City Manager o.,e City Clat Ellis Neigllborllood and 8uliw Del. clapm • Maaapr Suapma Neigllborllood Community Coonlilllltor Gnllam Duectar Fonda, Utilities City Llbor Cou..i Semple Planning Community Coonliaalor Stitt Division Chief MooR S. MINta (a) COUNCIL Ml:M8ER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF TIO: UGULAll MU11NG 0, APlllL 15, 1"6. Motion carried. Ayes : Council Memllerl Hadlaway, Voniittag. Wiggins. Habcllicbt, w...,_.,Clapp.a.r. Nays : Nolle 6 . Sdledllled Ywc.n (a) Tom Buclcbcr, the attorney lepl'elellWII Ille Eapwood Police Benefit Aalcillioa, addraaed Council rqarding Agenda IICIII 11 (a) (ii) • Coacil Bill No. 21 . He aid tbi1 Council Bill deals with the appeal procc11 and hearing officer proce11 that ii -being IUbltituted for the C- •. ' ' • • 0 r ,," I - - ,. • Englewood City Council May 6, 1996 Pagel • 0 I• • Service Board as a result of the recent Chaner amendment. He said, as a little bit of background, a draft of this ordinance was provided to the Association for comments and they made some comments to staff and vinually everything they commented on was changed in one way or another basically consistent with their request except one thing. He advised that that one thing is specifically paragraph E, on page five of the ordinance, which deals with the authority of the hearing officer when the hearing officer hears an appeal . Attorney Buescher said the Chaner provides and has always provided, even when it was a Career Service System, for what is called in the Chaner a merit system of employment in the City of Englewood. He advised that is in the current Chaner Section 138:2 . He stated that the purpose of having a merit system is fundamentally to make sure that the City of Englewood has the most competent employees performing services for the City and it's citiz.cns as possible. He said the Chaner lists various things that are parts of that merit system . The Chaner, he pointed out. says you will hin: on the basis of merit and ability, you will promote on the basis of merit and ability, then: will be training to improYc perfonnance, and then: will be job related appraisals and a system for evaluating merit and ability . And he added that it says that no employee shall be subject to discharge except for just causc:. Mr. Buescher commented that just cause is a term of art in the employer/employee business in both the private and the public sector. He said it has a very long history and includes various things. Some of the most imponant of which are having eviclencc of wrong doing or poor work performance. providing the proper procedures before discipline, letting the employee know that the employee has engaged in misconduct, providing for progressive discipline, generally a concept associated with just causc:. He maintained that another concept associated with just cause: is whether the" punishment fits the crime. He said the reason that is then: is to prevent an employee, who may have violated some minor ndc. from getting terminated for that when that may be the only blemish on the employees long work rccord . He noccd that that is what the eoncept of punishment fits the crime is and that has long been a part of just cause: in both the public and private sector. He opined that one of the things that paragraph E docs is it removes that part from the concept of just cause and it is no longer going to be a factor in the hearing officen decision . He said that it says it very specifically by saying if the hearing oft"icer finds that then: is a factual basis for the allegations that led to the discipline, then the hearing off"iccr simply docs not have the authority to change the discipline. Attorney Buescher reminded Council that he had made the comment that one of the things that just cause prevents is seven: discipline for minor offenses . He said. for example. not wearing sealbclt in violation of a City rule. He said he can probably hear most of Council thinking that none of the appointing authorities in the City of Englewood would do something like that and he said ma)'be they won't. However. he noted, that what they will do, based on his experience in dealing with cities, Englewood and many others in the metropolitan area. is say then: is an alleptioo that an cmployc,e bas engaged in theft. a very serious offense and in the process of investigating that alleption they find that the employee has engaged in theft and also find that the employee has violated some Olher rule for example not wearing a seatbelt. He stated that when that employee is disciplined both of thole rule violations will be written up . He commented that that is simply a guarantee, it happens all the time and he said it could be argued that if it isn't done that way that the appointing authority is not doing his or her job. He stated that given that scenario then of an employee that is accused of theft and accused of not wearing their seatbelt gets fired . It then goes to the hearing oft"acer, the hearing oft"iccr bears all of the evidence and concludes that the employee did not engage in theft. but concludes that the employee did fail to wear their seatbelt . He stated that the hearing off"iccr has no choice, under the language of this ordinance but to sustain the termination. that 's it. end of llOI)'. He noccd that in good faith the city made a determination that then: was theft. but as it turns OUl the hearing officer was not persuaded by the evidence . And he noccd that even though the only offense left is something minor, like not wearing a seatbelt, the employee is terminated. He said a slight variation on that. and he commented that it is sad to say that these types of things also go on by employers in this country and in this area, is that the investigation into the theft charge leaves the appointing authority saying well I'm not sure we really got that but we've got the employee on failing to wear the scalbelt. So, he maintained. they will fin: the employee alleging theft and failing to wear the IC8lbelt, because even if they can't prove the theft the employee is gone because: they can prove the employee didn't wear the seatbelt. Mr. Buescher stated the ' ...... - • • 0 - • • • Enakwood City Council May 6, 1996 Pagel '· • 0 I• • result of this ordinance is to remove from the merit system of this City a significant part of just cause which the Charter requires. He said they do not believe that that is in the interest of the employees or of the citi1.ens to allow that to happen. He said when the current language was sent over to him a few days ago in preparation for this meeting tonight, the cover letter pointed out that the Charter used to provide for modification and since that was n:pcaled that means that obviously City Council would not want to adopt something that had just been n:pcaJed by the citi1.ens . He said the logic sounds good but the facts an: wrong . He maintained that the Charter language that was repealed in what used to be Section 138 :4 paragraph H did not talk about specifically modifying or not modifying. that it just talked about just cause. And he said that the ordinance in front of Council has that identical language in it in paragraph A. So he maintained that the concept that was in the Charter that was rcpcaled, as part of this total revision of the system, did not specifically say the modification would be allowed by the hearing officer if the hearing officer concluded that the penalty was too seven: for the crime. He said there is nothing in that vote that prevents Council from saying we arc going to use n:aJ just cause here and we an: going to allow those hearing officers. if they arc convinced that it is an inappropriate penalty, to say no that employee shouldn 't have been fire or shouldn't have been given a thirty day suspension or whatever it may be because that is not consistent with just cause. Mr. Buescher stated they ask that Council not approve the language as currently worded. that they expressly allow the hearing officer to make that modification which is consistent with just cause. One other point he said. is that he has dealt with virtually every municipal jurisdiction in the metropolitan area over the past twenty years in one fonn or another, representing either employees or associations, and this is to his knowledge the only such provision that exists in any of those cities that have merit systems, that have career service or civil service or merit systems. Englewood. he said. would be the only city that would have tied the hands of that neutral body that is suppose to dctcnnine whether there has been just cause for imposing the discipline. Attorney Buescher stated that on behalf of the Englewood Police Association he asked that Council not approve the ordinance worded in that way. that Council amend it to allow modiflClllion by hearing officers if the hearing officer believes that the cvidcncc so wanants and on that basis then have a system that is consistent with the just cause provisions of the Charter. (a) Helen Brundage, 4140 South Huron Street. said she has lived there aboul 24 years and bas played golf at the Englewood course since its inception . She said on May 3n1 sbc MIil to the golf course to play and was asked for her Englewood idcntificalioa and sbc did not have an Eaglcwood currcot card as it had expired. Therefore, she said, she was classified as non-resident even though she bad adequate identification as she had her drivers license and passpon with her. It did not make any difl'ercncc she said, it was not acceptable. Ms . Brundage said there were many friends with her who could identify her, Bob Burgener, Jack Poole, Edith Romans and so forth . She said her qUCSlion is is Englewood so strapped for money that it needs two dollars from a little old lady in golf spikes to make things come out even. She said she thinks it is unfair that Englewood makes citiuns get an Englewood idcotificalion card to participate in the activities of Englewood. She said she thinks that the City Cbancr probably states that all Council members must be residents of the City of Englewood, therefor sbc rcspcclfully asked if all of Council, this evening, have their Englewood idcntificalioa card. Council Member Vormittag and Council Member Hathaway said they have their cards. Mayor Burns advised thal the City Mana,cr bas her name and address and will be responding to her inquiry . She said nothing -aa:q,table for her except her Englewood identification card. She said her puapon got her into third world countries but it could not get her into the Englewood GolfCoursc. She said she really wonders if Mrs. Habenicht is qualified to serve on Council this evening as she docs not have her card . Council Member Habenicht produced her card. Ms . Brundage thanked Council . (b) Linda Cohn. JOS I South Marion Street. said she bas practiQed law in the City of Englewood for about 16 years . She said she echoed Ms . Brundage ' s frustration because every time sbc ' .... • I • • 0 ' - - En&tewood City Council May6, 1996 Page4 • 0 I • • goes to the rec center her card has expired or is lost or something. But she said that is noc why she is here. She said she has taken a look at the PUD that Council is taking a look at tonight. Mayor Bums advised that Council will be a>nducting a public hearing on the PUD this evening. Ms. Brundage said she knew that, but because she was not sure she could stay that long so she wanted to give Council her thoughts. Mayor Bums assured Ms. Cohn she can speak, but that he just wanted to remind her she was noc in the public hearing if she wants to speak now . Ms. Cohn said that what she was struck by in looking at this is just the lack of public input until we get to the very end of the PUD. She said when you are talking about remning a half acre or more and when she looked at this PUD plan there is no public input until the very end. She pointed out we have staff looking at plans, we have plans being completed, then they go to zoning and she said she thinks we have to have the public input a lot earlier in the process. She said she guesses she is looking at panicularly the Cinderella City redevelopment and she thinks that we need to look at what public input is going to be if Cinderella City would be treated as a PUD. She said she thinks it is really unfair to the developcr as well as the citizens of Englewood to not have the public input until we have all of these plans drawn, we have everyone set in what they want to do and we haven't had an opportunity to talk about what this land is going to be used for. She said basically in the PUD you are able to allow anything that would be allowable anywhere in the City. She said she thinks that we need to look at what impact that has on the different communities around the PUD site and she thinks that we need to do it earlier in the process so that developers and owners are not spending great deals of money in doing something that the citizens of Englewood are going to object to. She noted that she thinks we need to have the citi;r.en input earlier to protect the citi7.CRS as well as to protect the developers so that everyone knows where we are a>ming from, everyone knows how to shape these plans and we have City staff doing an awful lot of shaping of these plans and she said she is not seeing any citi;r.en input. Ms. Cohn said that when she looks at the intent pan of the statute on page one of the ordinance we have several pans of intent, basically those are all fine intents, but she said she does noc see anything in here that provides for public input. She said she would just ask the City Council to take a look at this. not pass this ordinance tonight but to wait until the May 20"' dale, which is her understanding of when they are actually to pass it, look at the issue of how we are going to have citizen input at an earlier point in time. She said if you look at page three public input is at the end. page seven public input is at the end and page eight public input is at the end. She noted that Englewood is a small area and we do not have a lot of pieces of land that this is going to apply to and we need to really look at how we are going to involve the citizens and allow them some real input. Mayor Bums advised that Council has already scheduled four public meetings OD Cinderella City, wbich are going to occur actually before the formalized City process procccds. Two this month and two next month and those will be announced shonly. He said he thinks Council can ask staff to address the question Ms. Cohn raised, at the public hearing when they make oomments initially. (c) Cheryl Hutchison., a business agent with AFSCME for the Englewood Employees Association, said she is here to talk again about the appeals process that is going in and about the hearing officer and what they have the right to do at the hearing. She said that they no longer have the right to modify, which was stated very well by Mr. Buescher this evening. so she said she will noc take a whole lot of time. But she said she does need to say that they feel the same way, that the bearing officer should have the right to modify. She noted that if we are hiring a,mpetent hearing officers. wbich wu one of the reasons that we went to this type of system, we have to give the faith to the hearing officer that they will do exactly what they are hired to do and that is to find the right avenue. 8 . Commuaicatloaa, Prod-atioal ud Appoiataellta (a) COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO ACCEPT WITH REGRET JOSEPH B. HARTMAN'S LE'M'ER OP RESIGNATION PROM THE CLEAN, GREIN AND PROUD COMMISSION. ' ..... ,,, - • . I • • 0 , 2X • • • • • ,, En&lewood City Council May 6, 1996 Page5 Motion carried. Ayes : Council Members Hathaway, Vormittag, Wiggins, Habenicht, Waggoner, Clapp, Bums Nays : None (b) A proclamation declaring May 23 , 1996 as Arbor Day in the City of Englewood was considered. COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION PROCLAIMING MAY 23, 1996 AS ARBOR DAY IN THE CITY OF ENGLEWOOD. Motion carried. Ayes : Council Mcmben Hathaway, Vormittag, Wiggins, Habenicht, Waggoner, Clapp, Bums Nays: None Mayor Bums presented the proclamation to the Director of Parts and Recreation Jerrell Black. ( c) A proclamation supporting the re-naming of the gn:,cnway along the South Platte River through Arapahoe County as the Mary Carter Greenway was considered. COUNCIL UNANIMOUSLY MOVED AND SECONDED, TO APPROVE THE PROCLAMATION SUPPORTING THE RE-NAMING OF THE GREENWAY ALONG THE SOUTH PLA1TE RIVER THROUGH ARAPAHOE COUNTY AS THE MARY CARTER GREENWAY. Mayor Bums axnmented that Mary Carter was cledicatcd to this pn,ject and unfortunately pasaed away while in office as the Mayor of'Bow Mar. Motion canied. Ayes : c.ouncil Members Hadlaway, Vormittag. Wiggins, Habenicbt, Waggooer, Clapp, Bums Nays: None (d) A proclamation declaring the week of'May 12 through 18, 1996 as Englewoocl Lions Club Weck. in honor of the organil.llion 's ~ anniversary, was considered. COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO PROCLAIM THE WEEK OF MAY 12 THROUGH 11 AS ENGLEWOOD LIONS CLUS WEEK. Motion canied . Ayes : Council Members Hadlaway, Vormittag. Wiggins, Habenicbt, Waggooer. Clapp, Bums Nays : None Mayor Bums noted he has been uked to IIIIClld their apocial lunch on the ~ anniversary and the formal pracntation of'the proclamation wiU occur III thal time . (e) A proc1amatioll declaring the week of May 12• through the I~• Nalioal Police Weck and May 1s• as Peace Officers Memorial Day . . ' • • 0 - - • • Englewood City Cooncil May 6, 1996 Page6 • 0 I • • COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO PROCLAIM THE WEEK OF MAY 12 THROUGH 18 IN ENGLEWOOD AS NATIONAL POLICE WEEK AND SPECIFICALLY DESIGNATE MAY 15, 1996 AS PEACE OfflCERS MEMORIAL DAY. Motion carried. Ayes : Council Members Hathaway, Vonnittag, Wiggins, Habenicht, Waggoner, Clapp, Burns Nays: None Mayor Burns presented the proclamation to Division Chief Moore. 9. Public Hearing (a) COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO OPEN THE PUBLIC HEARING TO GATHER CITIZEN INPUT ON PROPOSED AMENDMENTS TO THE COMPREHENSIVE ZONING ORDINANCE RELATIVE TO PLANNED UNIT DEVELOPMENTS. Ayes : Council Members Hathaway, Vonniltag, Wiggins. Habenicht, Waggoner, Clapp, Burns Nays: None Motion carried and the public hearing opened. All testimony was given under oath. Neighborhood Community Coordinator Graham, presented a proposal to amend the Englewood Municipal Code by eliminating the PD provisions and adopting a new Planned Unit Development district. He stated the proposed new PUD process would occur in three stages. An applicant who proposes to build a significant project will first contact Slaff with a description of the project. Slaff will give them an initial response of what provisions of Englewood policies.. ordinances, design standards, and so forth, apply. After that, he stated. the developer can choose whether or not to make a significant commitment of funds by optioning the property or by paying for extensive engineering or architectural designs. He advised that in the next state of the process, the applicant would go for the approval of a district plan. A district plan, he noted. is a rezoning, unlike the cunent process and that is one of the main distinctions. He stated you must meet the criteria for a rezoning in order to get the approval of a district plan. And the district plan becomes the benchmark to measure the rest of the process by. It establishes the land uses. establishes the approximate locations of the major uses, the access points, and a whole list of things that are spccifically listed in this ordinance. The third stage is the site plan stage. At the site plan stage, you'll be getting an even greater level of detail . At that point, he stated. the developer has made a commitment to do all of the design standards for the buildings, the building facades, the landscape plans. all of the survey work, and, you 're looking at pretty much the full set of development plans. Mr. Graham noted that the reason it progresses this way is that it is intended to minor what the developer has to do to develop a project, you start off' with the concept. you get an initial buy-in to the concept and you go to the district plan. He stated that if the Planning Commission, through public hearings. and City Council approve the district plans, you can proceed with the site plan. Mr. Graham noted that ii is possible to take the district plan and the site plan through concurrently, that they are two separate decisions. You need the approval of the land uses first, then you get the approval of the specifics that are listed in the site plan. Consequently, he explained, in the cue of a project that wanted to be fast tracked, they would still handle it in the two pan proa:ss, district plan, site plan • district plan level of details first, site plan level of details next. He said they think that this is the tool that gives you significant assurances about the kind of development, and the quality of development. in Englewood and that this is the tool that the Planning Commission needs in order to evaluate the projects. Mr. Graham commented that in January they started working with the Planning Commission and submitted a draft of the ordinance and had two hearings that were devoted to .... ... I • • 0 - En&lewood City Council May 6, 1996 Page7 ' • • I • • ... discussing just the planned unit development ordinance. He stated that they believe they have addressed all of the Commissions a,nocms and the Commission has supported this bill with a unanimous vote of approval, asking Council to consider adopting this ordinance. Mr. Graham clarified that a PUD gives you two things, it describes a process where you get your land use and your specific site plans appnm,d. and it describes the submittal requirements. He added that it tells you what level of documeolation you need at what stage in the process. He stated that they are asking Council to lake the public comments and to schedule a vote for May 20•. to adopt this that would take effect thiny days after publication. Mayor Bums asked Mr. Graham to address the question that Linda Cohn raised earlier about when public input occurs and whether her pertqJ(ion that it's very late in the process is accurate. Mr. Graham opined that there are opportunities to lake more public comments if we wanted to inscn provisions like that here. He stated that be wanted to first addRss where the public would have an opportunity to a,mmcnt in the bill as it is written . Mr. Graham explained that at each stagc or approval, beyond the pre-planning stage, there is public input, that the Planning Commiaion bearings on the dilllrict plan would include an opportunity for the public to review the plans and a,mmcnt in public bearing. He added that Council approval of the dilllrict plan would also provide anolher opponunity and the Planning Commission phase of the site plan and the Council phase of the site plan approval would be third and fourth opportunities for public commcnt. Mayoc Bums noted that tbal is a pretty nonnal process. Mr. Graham a,mmented tbal that is a significant amount of public aJIIUIIClll. One question, be noted, that a,mes to mind is bow early can you submit a conceptual plan for review when you're still working out whether or not they're meeting the basic standards of the City, that it may be premature. Manager of Neighborhood and Business Dewlopmcnt Simpson noted that be wanted to expand on this a little bit. He stated that they really did work towards a series of goals in the promulgation of this ordinance. He assured Council that one: of them, most certainly. was to ensure citizen input. He noted that this is the fint time they have beard Ms. Cohn's comments and that is very interesting to staff. Mr. Simpmn advised that staff feels that this is not only a normal process, but that it actually provides for grcaler levels of opportunities to talk. because you• re able to have a series of public bearings with the Planning Commission and City Council, jusl as you do today, on all the remninp. He opined that bec:aUlc of the nature of PUD's that you will have the opportunity to have the~ really CIIPF in a public dialogue with the neighborhoods on this. He said the only thing be might suggaa is if there is really significant a,nccm that whll migbl help is that there would poaibly be an opportunity to provide for sligbdy more citi7.cn iapul than you curreally have on anything -by iequiring the dndaper to talk with the citi7.cns or the neighborhoods that may be afrccted in advance of an litXlqllall(lC of an applic:alion . Mr. Simpson said you could call it a neighborhood meeting. but that would really be quite a bit more.. and that's not unheard of. Rapooding to Mayoc Bums. Mr. SimpllOII noted that it is DOI unheard of as a formalized process. that it would be an additional step abcm. He noted they were keeping it in line with other similar processes here in Englewood. but that would be a poaiblc option that Council c:iould coosidcr on this. Council Member Habenicht asked where that would go. Council Member Waggoner said prior to the district plan. Mr. Graham advised that staff would be willing to wor1t out the dct.ails of the notification area and inscn a provision into this document requiring a neighborhood notification meeting if that' S Council' S wish. Mayor Bums asked how other members of Council felt about this. Council Member Habeaicllt IIIIOCl she thought that would be good and Council Member Vormittag aJIIClln'Cld. Council Member Wiggial lllled that what is going on is standard operating pn,ccss and be did DOI "-we were having a pniblem with it. Mayor Bums noted that the qucstion addrellcd the citizen input issue. and it mipt be IO!DC'lbina Council would like to do. He said the Housing Authority is doing this rigbl -on its p11D jull aort11 of the office . Mr. Simpson said that yes they are and be COftllllCllted that in -ways wbll they BR •..-ing here is ' ..... ;~ • • 0 '~') I - • • • En&tewood City Cooncil May 6, 1996 Pagel .. • 0 • very similar to that process, they are holding that neighborhood meeting on that block, and this would mirror that kind of direction. Council Member Habenicht said that sounds good and Mayor Burns said he thinks it is a good idea. Council Member Waggoner asked if it couldn't just be called a public review forum, or something like that. Mr. Simpson said perhaps a neighborhood meeting, neighborhood meeting requirement. Mayor Burns said he had another question about the site plan. He nolcd that he remembered there were different lcvcls of review and asked if it is Slaff determination of how far that nec:dcd to go. Mr. Graham responded that there are some opportunities for flexibility in the process. He noted that if the Planning Commission makes that decision, if Planning Commission decided it wasn't necessary for them to review the site plan, they could waive the formal site plan review and request that Slaff do that part of the review . City Attorney Brotzman clarified that the Planning Commission can make a recommendation to Council to waive the site plan review, Council actually does the waiving of the site plan under the current one. Council Member Hathaway asked if the final decision then would rest with Planning and Z.Oning after they request that Council would waive it. City Attorney Brotzman said no, that if you waive the site plan review, the site plan would then be reviewed by Slaff. Council Member Hathaway said oh, but only intcmal. Council Member Habenicht asked if there isn't a public hearing process with that site plan review and if that wouldn't be taking away another opportunity for the public lo review that plan. Mr. Graham answered that if you went for the site plan waiver ii would reduce the number of limes it went before the public in a public hearing setting. Mayor Burns asked if ii was anticipaled that you may have occasions where you 'II have a site plan that is so simple that it just isn't worth spending an awful lot oftime going through levels of review. Mr. Graham said yes. that Ibey think the Planning Commission is in the position to make that kind of decision. Mayor Burns l8id., but that, as our City Attorney said. would be a recommendation to Council. Mr. Graham said yes . Mr. Simpson noted that Council is the final authority on that. Mr . Simpaon QOIIIIIIClllcd that this is a tool meant to provide for City Council lo able to review a variety of difl"erenl kinds ol applications as they QOIIIC forward CMI' the years . He nolcd there may be limes when you have a projcc:l that is so signifandy complex that you' re going to have lo have all lcvcls and not have it ClOIICUl1fflt, and have all the public hearings poaiblc. However, there may be times when you have a very simple PUD coming through in which it will be your desire to really facililllle it because it is desirable, but one that is simple and straight forward that you could waive some of these onerous requirements. Council Member Habenicht said she would be curious to know how many PUD's Ibey expect to go through the City in a year's time. Mr. Graham said not very many, probably a handful, two, tbrcc. He said he thought there have been thirty-nine PD' s on the books, and the trigger was different than it will be for the PUD. He said perhaps thirty-nine in a dozen years . Council Member Habenicht said she felt she would always rather err on the fact of having to do something a little bit routinely rather than lo take the chance that ii might preempt the public's opponunity to participate. She Slated she would like lo sec that changed. Council Member Hathaway commented that this will be on a cue by cuc buis anyway, so you'd always vote on the right 10 waive it. .... I • • 0 I 2 - - • • • • • En&tewood City Council May 6, 1996 Pace9 Mayor Bums noted that Council makes the decision. Council Member Habenicht stated she would like to keep that privilege with the public. Mr. Simpson said he would like to offer one perspective on why that was put into place. He noted that if you arc dealing with a very straight forward project, and it really is simple case of yes or no, it is good business practice to make it move forward for the dcvclopcr . He stated that from the standpoint of the citizens, they' re going to have an opportunity to express CIOIICCnl or questions up front as they do now with the rest of the process, and it allows greater usc and cllicicncy of Slaff and Council time. Mr. Simpson noted Council would not be burdened with those extra meetings and in all reality, kind of an administrative, if you will, process that's being brought forward is time consuming. He noted that is why Council was given that opportunity to make that decision. He said he just wanted to comment on where the reasoning came from . Council Member Hathaway asked City AUomcy Brotzman. if they have one that City Council ~ to waive the site plan review and it cods up being turned down by Slaff, what would be the ultimate review. City Attorney Brotzman advised that there is an appeal that 's provided in the ordinance. Council Member Hathaway lllbd ifit clwa,es if Council waivcs thc site plan review. She lllbd ifit is tnJc that it doesn't chanF. that the appeal mys the same whether Council waives that right or not. City Attorney Brotzman said that is right. Council Member Hathaway said that is good. Council Member Habenicht asked if, on the other side of that coin, it's passed, and there's concern on the pan of the public, they would have any appeal. City Attorney Brotzman noted that would be the request. He said if Council had a conocrn. or the public, they would probably request Planning and .ZOning and Council, on the site plan. not to usc that process. Mayor Bums asked if there were any other questions or comments at this time . Mr. Graham submitted IIOlice of proof of publication of the public hearing in the Englewood Herald. Council Member Vonninag pointed out that there was a big problem a couple of IIIOlllbs qo with the definition of plan and the definition of concept. He asked if the definition should be included in here to avoid confusion. Mr. Simp111111 noted that is a very good point, that one of the things that's going to be coming out of this process will be a district plan . He explained that the district plan will be a very specific document that outlines what is going in on a property, such as land uses, densities, heighls. how many and, as Mr. Graham said. it identifa locations. Mr . SimplDll lilated it is a very specific kind of document, that it is far from being conceptual and Council will not have a definitional problem because what has been outlined in there is a specific &et of criteria that must be met for approval . He opined that planning is not a science, it is kind of a flCld art, and, because of that, tholC kind of terms of CllJDCellU and plans probably shouldn't be used as simply as we've thrown them around here recently, bccaule they do create confusion. He noted this regulation is so specific in order to focus in on the fact that, bccaule we arc passing laws that govern the usc of that ground, we have to be very specific. Council Member Vorminag asked if the book they arc coming up with is a book the City is making up or is this something that already exists and if it is going to have to become our policy . Mr. Graham noted that on .. ges five and six of the bill, it lists a number ofthinp that arc rcquinid on the district plan. which gives Council an idea of how specific they are being. He staled that we arc asking them, for instance, under number one, to tell III the pn,poed points of accca. we' re tclliq lbem to tell 111 whal 's lhrce hundnid feet around the site in all difflctions . AIIO, he pointed out.. we are llkiq for topographic data of the existing and pn,poed devclopmenl, locations of all the eucmcnts, the location ' ... I . • 0 , ? I - - En&lewood City Council May6, 1996 Pace 10 • 0 t• - and height of all finished~ on the site, that's relatively specific stuff and it goes on. He noted there are eighteen items in that list that rcprcscnt the district plan level of infonnation. He said wc ask for a parking plan, locations or the drive isles, the ..-.it or stacking, bow they're going to comply with their disabled puking requirements, loading, fire lanes, all dimensioned. He stated it is a vcry detailed, very complicakd plan -. at the district plan ~ and it gc11 more so at the site plan leYel . Council Member Vormittag asked if this is going IO be used for Cindcrclla City. Mr. Simpson said be would like to answer that in two ways . He DOied be wanted to follow a little faJther on Mr. Graham's comments in that Mr. Vonnittag called it a book. Mr. SilllplOII DOied it probably feels like that to a developer somdimes, but what will happen is their application, wiU come in on a clocumeat that lists aU this information. Consequently, be explained. the City will have that on record as a recorded document that will help guide the City, all orus. in bow that land gets developed. Mr . Simpson stated that Cinderella City will be required to follow this pnx:as. Council Member Hathaway asked if we are now requesliag that you have staff draft a way to come up with a neighborhood mcding before aa:cpcaace or the applic:ation and wouldn't that maybe be viewed as the conc:cpcual age. bccaule al 111111 point. they haven't Fl all mthis film stufJ on paper. She opined that in our particular case, we're in tbe concepl UF _.. the oa paper plan. Mr. Simpson stated yes. that's a good way to characlerizc it. Mayor Bums asked iftbere were any odler commea11 . He DOied c.ouncil sliU hasn't beard from tbe public. Council Member Habenicht Slid she bas a question under pnx:as on page three, which talks about the pre-application review that the staff goes through before the applicalion is made. She DOied there's a statement in there that says DO project approval is implied to be grutcd al this early review llqe. Ms. Habenicht wondered if there is any UF within this that a project approval is implied or graatod prior 10 the final approval that Council would give. She Slid she wonders what that means. Mr. Graham noted be wanted to share his answer with City AUomey BIOlzlUn to make 1Ure he's adcqualely answering it. Mr. Graham advilDd that ICftiDI tbe land -appnMd in tbe clillrict plan gives you the right to go forward with a site plan, and if you don't pg,-that vigilantly, set it doae in a couple o( years. you lole tbe dillricl plan riglu. it -11 t.dt to the original zoning. City Attorney Brotzman DOied that only Council can approve a PUD. and be Slid. whit Mr. Graham is saying is that. even if Council approves a PUD, and doesn't act upon it for a period of years. CYCD that right goes away. Council Member Habenicht Slid that anethiag doesn't happen wbeR somebody says wcU my ICJOd-, they approved me in Planning and Z.oniag and tbe llaft' appnMld it and now Council clidn 't approve it. City Attorney Brotzman llid DO . Council Member Habenicht asked then if that is not implying anything, that there' 1 a stake? City Attorney Brotzman llid DO . Mr. SimplOII commented that llaft'-just simply tJying to be vcry , very clear in aU o( this. that Council is the final approving body . as wc don't want anybody to have any unclear diroction that al any 11qe the llaft' or Planning Commission will have that righl o( approval. it will med to come fonwlnl. He aid if that creates confusion then WC nmi to reconsider that. ~ it is really 1DCU1 to jull be very llnigbl "', • . .. • • 0 , - • En&lewood City Council May 6, 1996 Par,e 11 • 0 • forward with the development, community and the applicant to make sure that they are very clear on where we are coming from. Council Member Habenicht stated that maybe it would be very helpful to have a Slatement like that at various trigger points in this ordinana: so that it is clear all the way through that there is not some approval that they have gained that means that it is total approval . She said that might be a good Slatemcnt to place in a different portion of it for that reason . Mayor Burns stated that what he thinks Ms . Habenicht is getting at a little bit is the concept of vested rights. He said there have been some bills floating in the legislature this season about that. He asked City Attorney Brotzman if that kind of legislation was passed. if it would son of superimpose itself over this ordinana:. Mr. Brotzman advised that we have designed this to mesh with that legislation that is out there. Council Member Hathaway asked if there is a way to include that, though, as pan of the original language:, perhaps in the whcras(s). City Attorney Brotzman said sure. Ms . Hathaway said if there is 10111C way to IWC that City Council is the ultimate review body, because the whcras(s) IWC that there is a thn»-way process and all this review crileria, de. but nowhere doC5 it say that City Council bas the final word. Council Member Habenicht staled that is I good idea. Mr. Graham advised that they can add that in lime for the May 201h hearing. if they aa:q,t that. Mayor Bums said he thinks that is a little different issue than the vested rights. He said he is not sure what legislation finally got puscd up there, but he asked where the vested rights commonly kick in. City Attorney Brotzman answered that there were several bills, one of those basically said that as soon as you pus it thou shalt not take away. Mayor Bums asked City Attorney Brotzman if he was talking about the Council. Mr. Brotzman said ya, once the Council passes it. Mr. Brotzman said there was lllOlher one that buically afl'octcd our rcvcrsion clause and we actually modified our rcvcrsion clause. He said he is not IUl'C where that bill is. Council Member Hathaway said that she docs not think it has puscd. Mr. Brotzman said we had a two year rcvcrsion cias and that Rlqllircd I three year rcvcrsion clause so we subltitwd I three year rcvcrsion cias to mesh with the Stale lcgislaeion. Mayor Burns said •. buc he ,nllled to cmphasi1Jc that Council action is what rally trigers it. Council Member Habenicht stated that in the next Slalcmcnt it says thal the PUD District plan, ~the Planning and l.oaing Commission shall make a recommcndalion to City Council for final action." She asked if that means that something -won't IDl1 of end in Planning and l.oaing II any time, that they have to move it forward . She said if it isn't in the PD right now that something could just IOl1 of not be puscd forward by Planning and l.oaing and so it would just die there and Council would noc have to deal with it. She asked if this is now something different. Mr. Graham said it is mandllory uttlca an applicant withdRw their application. the Planning and l.oaing Commission would need to recommend either for City Council appruval or against it. Mayor Bums asked if they recommend against the applicant if they could advance to the Council. Mr. Graham said yes a project can advance even with I ncptive rccommcndalion from the Planning Commission. Council Member Hathaway said that this would require that even with a negative rec:ommcodalioa from Planning and l.oaing that it comes to Council anyway . ' ' •. I . • 0 ' - • Ea&lewood City Council May6, 1996 Pace 12 • • L• • Mr. Graham said no, he thought they a>Uld stop the process at that point. Mayor Bums said he did 1111( think you could force an applicant to continue to appeal against their will. Council Member Habcaicht said then shouldn't that word be may illlkad m sball. City Attorney said no, that you want the proccss from tbc City side to shall, the applicant always has the right 1111( to. 1bey can always withdraw on their side. but you want tbc City to be forced to proccss this. And, be said, this is what this does, is it fORlCS the proccss to go forward. Mr. Simpson said that Planning and Zoning needs to act as a fact finding body for Council. He explained this is so that whether they make a negative denial or approval Council will have the Findings of Fact if and when an applicant continues forward. Council Member Clapp said she is still a little c::oafuled as to when: the public input comes in. She said as she reads on page three, one through four. tbc only part when: she ICICS public input would be neighborhood orpnizations on four. She said it kind m seems like that should be defined a little bit clearer and that should maybe come up between two and three. Mr. Simpson said he thought that is what they were talking about earlier, thal besecl on Ms . Cobn's comments they would wort to incorporate • neighborhood meding requirement into this early pre- application portion. He explained that whal they would do is prior to tbc City accepting an application m a PUD, the ~ would probably be requiial to hold a neighborhood lllCICting and find Old thal public input. He said as Council Member Hathaway had mentioned. it would be kind ma a,nceptual Slage. He said that is something they will put in heR. it is 1111( in there tonight. Council Member Clapp asked why the developer would do that . Mr. Simpson advised that City staff will be in ancndance to lake and lililen to that input. but it is going to be tbc requirement that that developer present the coocep(. if you will. Council Member Habenicht asked if they would IDl'I mpay for it. Council Member Halbaway said yes. it would be Oil their money. illlkad m ours at thal poinl. because they have 1111( even applied to us at that point to proceed further with tbc ~elopmcnt. Mr. Simpson said that in a rat simple way you CXJUld look at it as going out into tbc neighborhood, Slaff would make -that • proper notification occurml in accordance with -,,thing ei.e that bas been put into place in this document. He said from that DOlification tbc ~ needs to say this is what I am proposing in your neighborhood. that they want to do a rezoning and this is whal it is going to be. He said the neighborhood can then say we like it or we think you should change it or we think you need to go away. Mr. Simpson said stafrwill bear thal input and tbc devdoper will have that opportunity at that time to say that this is going to be a tough bade and I will go away or I think I can adjull to their miuirements or everything is wonderful and we'll make a nice little family OUI mthis neighborhood. He said it is an opportunity to find OUI thal input at a w:ry early lilage. He said they did not include it • they did 1111( think about that. that tbcy were bq,ing it w:ry much unif-with tbc Cllf1'elll .,._ we have today . Mayor Burns fdt that we should not lolC sigh( m tbc fact that for illllaDc:e this ordinaDCle requires tbc Planning and Zoning Commission to formally CIODlider the dillrid plan al a public bearing and anytia you have • public hearing you have citizen input. He added that wben you have tbeae meewtp before tbc Planning and Zoning Commission and City Council they are always IUbjoct to cili7.ea input. thal is why they are public hearings . ..... •. .. I· • 0 ' - - • • • Englewood City CCN1ncil May 6, 1996 Page 13 • 0 , . • Council Member Habenicht asked if this kind of PUD, like a half acre or more, would be considered in an R-1-A zone for example. Mr . Graham advised that this ordinance doesn 't make any distinctions between any of the ordinances. He said that you can build R-1-A type PUD's and request that that go into an R-1- A neighborhood . He pointed out that what you have to consider is that it still has to meet all of the requirements for rezoning and typically those are things like a major change in the infrastructure, change in adjacent land use and other major changes to the City are still the criteria for adopting any rezoning. He stated it is this ordinance as a zone district and all or the regulations that govern any rezoning, together, that make up the PUD process . Council Member Habenicht stated that what is giving her some conocm and maybe she just needs to be reassured, is that on page three when it says permitted uses, the PUD district plan shall permit any use which is a permitted use in any zone district of the City . Mr. Simpson stated that the goal really comes down to again that this is meant to allow the City ofEnglewood the opportunity to review applications as they come forward . He said he does not believe any of us are so omnipotent that we know what is going to happen in the next 30 to SO years . He said there may be housing types, housing opportunities or commercial types or commercial opportunities out there that may be entirely appropriate but this piece of legislation allows is the opportunity to make that request . He said we don't have i o approve a request but it allows some person to make a request, to come forward to say I have an idea and whether it is R-1-A or B-2 or an 1-1 is not the point. What it is, he pointed out, is you can come forward with an idea for a land use at a location that may not have been permitted otherwise in our zoning ordinance. He said it allows for flexibility and creativity, but again it only allows that flexibility within the context of the public review process, citizen input and finally Council review. He commented that there are many, many, many safeguards and we have put another one into place tonight. He said he feels really confident that Council is going to have that public review ability . Mr. Graham said he wanted to add to that that typically what you think about in this process is that it gives you the tools to address your concerns. He stated it gives the Planning Commission a chance to recognize a potential impact and to request that the developer respond to that impact by designing some son of mitigation strategy. Mr. Graham noted that wedo not cuneotly have this kind of tool on the books to give them the ability to say that no we think that impacts too much, we oced to add this kind or feature to the project to mitigate that impact . Council Member Habenicht said that she still has a little bit ol c::ionccm if we are only expecting to sec two or three or these come through a year and if for example somctbing might come through on an R-1-A District . She advised that we had a lot ol c::ionccms with changes they were trying to make there and the people were really coming forward and sometimes it takes time for the people to catch on that IOlllethiog is happening. She commented that the word doesn 't gct around C\'CD though we 11y it four and five times and different ways . Ms . Habenicht said she guesses she would still like to keep that process go oac, two, three and that site plan might be something that we gi\'C authorization somewhere down the line for some City Council to write a blank check when it might be something that the community might waot to come back and look at. She said she would like to sec that site plan just have to go through each time . Mayor Bums 5lalcd that he does not agree . He said he thiab that we have -gb flexibility in here. He said he thought he saw in here carticr the requirements for the normal zoning chan,c, like the chan,c circwnstanccs and compliance with comprebcosi\'C plan ud those 1111ts ol things. Mr. SilllplOII said that criteria is set fonh within the Slandanls that apply to all rezoniap and it is in the very beginning or that Chapter. Mayor Bums said that then in other words you would have to make those showings before you would get any change or zoning use . Mr. SilllplOII said that will be part ol the Findings ol Fact . Mayor Bums asked if the Findings or Fact is required by the Planning Commiaion and if it is in this ordinance . Mr. Simpson said yes . "' - •. I • • 0 , I - - Enclewood City Council May 6, 1996 Par;e 14 • 0 • Council Member Waggoner said he wanted to follow through a little bit with Council Member Habenicht ' s concern on page Ihm:, paragraph cl, permitted uses . He said if he is reading this correctly this would allow for a developer to purchase five, six. seven or eight homes in the R-1-A district and if everything were approved by City Council, to place on those lots a little shopping complex . He asked if that is com,ct. Mr. Simpson Slalcd yes, the poecntial is cenainly there. But. he said he wanted to offer the alternative view, because he said he feels it is neceauy 10 consider. He explained thal if five or six homes were bought the potential is also there 10 crea1e llOIIICthing that is residential in character, as it would meet the consistency requirement with the comprehensive plan that may have otherwise not been permitted or that we have not considered today and that may very well fit beautifully into thal neigbborbood . He said he thinks what Mr. Waggoner is describing would more likely be called a spot zoning and would therefore not be permitted and cenainly not recommended by staff. Council Member Waggoner said but thelle wise old owls sitting up here could definitely approve: it. Mr. Simpson said that is why they count on Council so strongly, because they are wise . Mayor Burns noted that they still haven 'I allowed any input by the citizens in this hearing. Council Member Clapp said she has one other quick question . She asked if there is a poecntial on Iha& particular one to open up the door to a lot of zoning variances coming before Council . Mr. Graham said he wanted to say first off that a variance is a very specific term as it is used related to zoning, which is conceptually different than rezoning . He asked Ms. Clapp if the question she is asking is if this opens up the door 10 many rezonings . Ms . Clapp said yes . Mr. Gnham said he thinks this would be Slaff's preferred zone district in any instance of a veiy complex request bocause it gives them more tools lo address concerns than any of the other zone districts on the books. He said that is to say they get to see more of the infonnation in a more predictable way . He advised that there haven 't been veiy many rezonings in Englewood since the current map was adoplcd and because Englewood is largely built out he said he does not foresee a lot of rezoning requests in the future . He said there are a couple of significant sites that we are all aware of, some made available by Santa Fe constJuction, the Cinderella City site, and potentially some on South Broadway . He notal large sites, several aacs would be the most likely cancliclales for PUD zoning and people that are currendy building duplexes would never go through this process, it is a lot of work. Mr. SimplOII said to further discuss thal just a little bit, he said he agrees with everything Mr. Graham said. He notal this allows the City of Englewood the ability to deal with a variety of complex issues in a much more thoughtful, comprehensive manner. He said to address Ms. Clapp's issue directly, thal ii will be very COllly and time consuming for the average dm:loper 10 come through with this process and it will be very unlikely to see that many . Unless, he added, this can be applied to the difficult issues that are out there. Mr. Simpson said they feel there are some difl'teull issues and propenies located within Englewood and that Council will see some of them over the next few years . Certainly, he noted, Cinderella City comes to mind right off, but that is not the only one. He said you have redevelopment potential along South Santa Fe that is going to continue to be a necessary area lo focus on and lo consider. He said we are cunendy considering South Broadway. He commented thal there may be some real opponunities 10 use some of this creative ability 10 look at land use along thal llreleb. Mr. Simpa,n Slalcd there will be a development opportunity at General Iron ancday and he noted they believe ii may have a real application there. He said they just believe that it will not be applied in a haphazard manner. but really rather focused toward those areas that are most in need of focusing on those complex issues . Council Member Habenichl asked what would be the tightest time frame that something could be worked through this process. from the point of filing the application, where they pay the fee, 10 final approval . Mr. Graham explained thal there are two ICICnariol. the CIOIIICCUtive, aequential plOOCII and a coocunent process. He said given Council's current requirements for requesting a public hearing and the publication ' ..... •. I • • 0 , - • En&tewood City Council May6, 1996 Pace IS . , • 0 - requirements it takes about six months to get through a Council process. He Slated they started in January with this in front of the Planning Commission and the earliest this can be affective if Council accepts the May 20"' is Jwic 20"' approximately. He said the same process is IICllCSS8J'y for a n:mning. So he said, right now it will take six months if it is concurrent and twice that ..-nt of time if it is consecutive. Mr. Graham advised that the ()(her clement to add is it depends a lo( in the dcvclopmcnt process on how responsive the developer is to staff comments and how long staff takes to respond. He said assuming a pretty optimum response of a oouplc weeks for staff to respond. a couple weeks for the engineer architects or developer to respond, and if you have to go through very many cycles of that, you add months to the process. Council Member Habenicht said that the ()(her question she has is with running the district and the site plan process concurrently. She asked if it is true that you a,uJd have a hypothctical situation that you could have public input just on the districl plan and but not on the site plan. Mr. Graham responded no, that conceptually you would take comments on the district plan and comments on the site plan at the Planning Commission meeting and the Council meeting. So that you would, he said, be taking comments on two separate issues, and they would VOie separately and you would VO(e sepantcly. Council Member Habenicht qucslioncd whelber Couacil could opt to say tlllll they do not want to take site plan comments. Mr. Simpson said no . Ms. Habenicht asked ifthal is ll)ing to be a staff thing. Mr. Simpson and Mr. Graham said no . Ms . Habcniclll aed if the site plan thing will only kick in if it is sequential, not if it is concurrent. Mr. Graham said he thinks whal Ms . Habcnicllt is asking is if the Planning Commission can review a site plan and a district plan al their first meeting and mximmend that Council waive the site plan review, then Council would only take comments OIi the district plan. He said that if Council aocq,tcd their m:ommcndalion to waive the site plan, they could certainly do that . Mayor Burns commented that before Council would make a dctcrminalion whether to waive it Council would have an opportunity for public comment. Mr. Simpson said that is comet. Mayor Burns asked if there were any ()(her questions of staff at this point. Being none he asked if anyone in the audience wished to comment further. Mayor Burns explained that this is an open public hearing and the purpose is to solicit citm:n comments, in addition to staff comments. Harold Cclva, Dira:tor of the Englewood Downtown Development Authority. said he has a question and one sugcstion . The question. he said, is regarding the public input . He said he ps "Cl)' much along Ml. Colin's comments on that. He opined that it is well aad ,clOd to have the public input. Mr. O:lva noted that WC have here somewhat of a nebulous. undcf~ process for public notification. The DRT, he said, is also responsible for referrals as appropriate. He stated thal he thinks the PD ordinance that is to be rcpcalcd. and the PUD ordinances in ()(her local jurisdictions. have posting. He said he thinks that is one additional form of public notificalion, where the property is posted for a specific number of days prior to a public hearing. He said he docs not ICC that. Mayor Burns asked if that was cut out of this ordinance . Mr. Graham said that n:quiranent comes out of the rezoning requirements nthcr than this specific district requirement, so it would still be a requirement. Mr. Q:lva said his ()(her sugestion is he would like to scc lOIIICthing in the VClbiagc, where they arc talking about specifics of the buildings. IIICh • OIi P1F ten puagraph F. where they arc talked about grou floor aras. finished floor dcvalionl, heights, etc. he -.Id like to -somc more detail in rclauon to building materials if poaiblc. Mayor Burns asked if there WM anyone clsc thal wished IO apeak . Council Member Vormittag abd if they could add llOIIIClhing like thal into this. Mayor Burns llid he did not ~ if it is approprialc to pul building malerials into what is cucntially a 1.0lling ontinaDce . Mr. Simplllll advised thal in all actuality they believe they have addra.l that, oa item q they dilCUIIOd other I • • 0 , - • • • En&lewood City Council May 6, 1996 Pace 16 '· • 0 • elements such as architectural conceplS, building elevations, facade treatments, exterior building materials as necessary to establish how the proposed PUD and so on. He said it is their goal and expcclation that with the PUD Council would have the opponunity to review those desired kinds of qualities of urban design . He said it is a personal thing with him also and so he would be certain that that would be coming forward. Council Member Habenicht asked if the City Attorney can tell Council where the clarification of that posting notification is. City Attorney Brotzman advised that that will be at the beginning of the zoning ordinance, it is in the Comprehensive l.oning Ordinance, Title 16 . Ms. Habenicht said then that is not being repealed in any way. Mr. Brotzman said no . Ms . Habenicht commented then that means it will be required on any PUD. City Attorney Brotzman said right or on any public hearing on any rezoning. Mr. Simpson said as they staled earlier there is • ICrics of findings that have to be made, but in addition to that there is a process that is outlined that posting, lllllificalion and that is all in place and has not been adjusted with this. Mayor Burns asked if there were any questions, or commcnu by Slaff. There was no one else present to speak to the issue. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO CLOSE TRI. PUBLIC Ill.ARING TO GATHER CITIZEN INPUT ON PROPOSED AMENDMENTS TO THE COMPREHENSIVE ZONING ORDINANCE REI.A 11VE TO PLANNED UNIT DEVELOPMENTS. Ayes : Council Members Halha,ny. Vorminag, Wiggins, Habenicht, Waggoner, Clapp, Bums Nays: None Motion carried and the public hearing clolCd. IO . c-t Aaeada COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (I), (II) IINII (UI) ON nRST READING. (a) Approve on Finl Reading (i) COUNCIL BIU. NO. 24, INTRODUCED BY COUNCIL MEMBER HATHAWAY A BILL FOR AN ORDINANCE AtmlORIZlNG AN INIBROOVERNMENTAL AGREEMENT BETWEEN 11fE UNITED ST ATES DEPARTMENT OF 11fE Dim!RJOR GEOLOGICAL SURVEY AND 11fE CITY OF ENGLEWOOD. COLORADO ENTITI.ED ·DEPARTMENT OF 11fE Dim!RJOR GEOLOGICAL SURVEY JOINT FUNDING AGREEMENT FOR WATER RESOURCES INVESTIGATIONS." (ii) CONTRACT WITH FARIS MAOUNERY COMPANY IN 11fE AMOUNT OF $68,780.00 FOR PURCHASE OF A STREET SWEEPER (iii) COUNCIL BIU. NO . 27, INTRODUCED BY COUNCIL MEMBER HATI{AWAY ' ...... ,, - •. .. I . • 0 ,'l? I - • • • I• • '· Eactewood City Couac:11 May 6, 1996 Pa~17 A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF THORNTON, COWRADO AND THE CITY OF ENGLEWOOD, COLORADO FOR AN EXCHANGE OF THE CITY OF ENGLEWOOD'S ROTOMILLING SERVICES TO THE CITY OF THORNTON IN RE11JRN FOR SAND/SALT, HOT MIXED ASPHALT, OR CRUSHED AGGREGATE MATERIALS . Vote realta: Motion carried. Ayes : Council Mcmben Hathaway, Vonnittag, Wiggins, Habenicht, Waggoner, Clapp, Burns Nays : None COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (b) (I) ud(ii) ON SECOND READING. (b) Approve on Second Reading (i) ORDINANCE NO. 17. SERIES OF 1996 (COUNCIL BILL NO . 13, INTRODUCED BY COUNCIL MEMBER HATHAWAY) AN ORDINANCE APPROVING THE RENEW AL OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND THE CITY OF SHERIDAN , COLORADO WHEREBY ENGLEWOOD WILL PROVIDE THE CITY OF SHERIDAN WITH VEHICLE MAINTENANCE . (ii) ORDINANCE NO. 18, SERIES OF 1996 (COUNCIL BILL NO. 14, INTRODUCED BY COUNCIL MEMBER HATHAWAY) AN ORDINANCE APPROVING THE RENEWAL OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND ENGLEWOOD PUBLIC SCHOOLS WHEREBY THE CITY OF ENGLEWOOD WILL PROVIDE THE ENGLEWOOD PUBLIC SCHOOL'S WITH VEHla.E MAINTENANCE . Motion carried. Ayes : Council Mclllbcn Halllaway, Vorminag, Wiggins, Habcnicllt, Wagoner, Clapp, Bums Nays : None II . Onli--,R111l1tiNIU4111M...._ (a) Apprcm: on Finl Reading (i) DiRIClor Fonda pracaled a ,-mcadatioa from Ille Deputincat of Utilities to approve, by motion. a llalldanl agrecmeal wilh Camp, Dr-, cl McKee, Inc . for ...cry , rq,on, and pn,(eaional design. bidding. and CIOllltnlclioa ICIViccs for Ille Allca Filter Planl lmpnMIIICIIII . He llid they an: n,c,ommcnding Ille COlllnCt ud, although dais IICII out lhc clelip and ClOlllllUClioll we I rnt this only coven lhc preliminary engineering dclign podioa of Ille dclip. He stated we an: doiea dlM bccaulc there an: IC\'Cral proce-. !hat lhc engineer will C\'alllllle and then WC will ...... a CX1111111C1 ' I . • 0 ' - • • • 0 • Eactewood City Couacil May 6, 1996 Pace 11 for the remainder of the engineering work, after we know what process we arc going to choose . Which, he opined. is a more efficient way of doing it. Mayor Bums concluded that means we arc not doing construction services or that sort of thing. Mr . Fonda said no, but that they have set up the contract to cover the whole thing so they can just go back and fill in the appropriate ncgoliated prices later. Council Member Waggoner said he is not sure whether it is appropriate to stick it in the contract somewhere, but he asked that Mr. Fonda please make sure that the engineer addresses taste and odor problems that we have had with our water. Director Fonda noted that he thinks the processes that we arc looking at should greatly improve them and that we arc also going to be evaluating a potentially different filter material . He said if those look feasible they will be back to Council to let them know what the trade offs arc . Mr. Fonda assured Council Member Waggoner that they arc looking at that during the preliminary design portion. Mr. Waggoner commented that he gets more calls on the taste and odor than he docs on giardia or cryptospordium. COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE A STANDARD AGREEMENT WITH CAMP, DRESSER & MCKEE, INC. FOR STUDY, REPORT, AND PROFESSIONAL DESIGN, BIDDING AND CONSTRUCTION SERVICES FOR THE ALLEN FILTER PLANT IMPROVEMENTS. Motion carried. Ayes: Council Members Hathaway, Vormittag, Wiggins, Habenicht, Waggoner, Clapp, Bums Nays : None (ii) City Labor Counsel Semple presented a rccommcndation from the Department of Administrative Services to adopt a bill for an ordinance setting forth procedures to appoint hearing officers and n:gulations for review by the hearing officers. He said this ordinance has been presented to Council is a result of amendments to the Charter that were passed by the voters on November 7, I 99S. Among other things that rcpcalcd the Career Service Board and the authority that the Career Scrvicc Board had with regard to disciplinary hearings. The revised Charter provision requires the City Council to appoint hearing off"acers with binding authority to hear disciplinary appeals and also authorizes the Council to set up the lilandanls for rcvicw and the aulhority al the hearing officer in those iDSlaDces . He said there arc a number of items that he would briefly like to touch on, particularly to respond to the a,mmcnts that were made by Mr. Buescher on behalf of the Police Benefit Association . First of all, he advised. the 131 :3 (b) of the Chancr sets out the SWldanls and authoriz.ation for the action that he just rcfcrcna:d. And ICQJnd, he noted, that the framework for this particular ordinance is what in fact was changed in the Charter itself and there were two major changes in the Chancr. Mr. Semple explained that 011e was for binding ut,itration in inten:sl issues in the a>llcctivc bargaining process and it provided that the ut,itntor would have to choolc between the City position and the union position. He commented that there would be no modification. no authoriz:ation to modify either one of those positions . And, he said, consistent with that the second major change that went with it was to diminate the Career Service Board, and the authority al the Career Service Board, and have hearing off"ICICtS appointed by the Council to deal with disciplinary issues . He pointed out that the IICICtion thal was changed was not the IICICtion that was referenced by Mr. Buescher, the just CIIWIC lilandanl . He said that just CIIWIC lilandanl is still in affect, it was unchanged. He advised that what did change. and he said apparently he did not review it for one reason or another. but it is rcfcrcnccd in the aJIIIIIIUnicali to Council from Ms . Barthlomc, is whal was 138 :4 h of the old Chaner. He lilalCd that specifically the Charter pvc authority to the CaRer Service Board even when it found just CIIWIC to modify the discipline. Mr. Semple advised that thal was abolisbcd by a vote of the people on November 7, 199S . He said he thinks thal -the point thal was made and he referenced it in the letter that Mr. Semple IICllt to him on behalf of the City . That the proposals he had ' ,, - I • • 0 f - - • • • Enclewood City Council May 6, 1996 Pace 19 • 0 • referenced as amending the original draft, that we took into account just about everything that he had requested, but did not think it was appropriate to include in an ordinance something that had been abolished by a vote of the people, the modification provision. and that is the main standard. He said he thinks there a couple of other items that need to be addreued. One he said is like a good advocate but whatever, he gave Council an extreme example that could not occur under the ordinance that has been drafted and presented to Council tonight. Because, be said, one of the changes that was made, and it was the intention of the original draft but it was clarified much more precisely in the revision, was done as a result of the comments that he made and is in section B I of the ordinance itself. It specifies, be said, that the appointing authority has to do a number of things in the notice of discipline, among other things it says is must specify the offenses in EMC § 3-1 M-4 which is or are the basis for discipline . He stated that that section of the code is unchanged also and it lays out is what constitutes just cause. In fact. he said, just cause is defined in the code itself and there is a list of specific disciplinary infractions that constitute cause for termination . He noted that what is specified here is that it is not enough for the appointing authority to dream something up and say hey I didn't wear a seat belt, we're going to lire him for that or because that is in combination with something else . Mr. Semple noted that under that section of the code you could not fire somebody for not wearing a seat belt, that's just an example of it. There are veiy specific, rather insignificant infractions specified in there, be pointed out. He explained that there are a whole series of procedures in the code itself that continue in elfcct and that have to be read in combination with this . He &lated that EMC§ 3-IM-5 says that before discipline can be taken there has to be a meeting with the employee, the employee has to be given the reasons, an investigation has to occur and all of the factual infonnation has to be made available to the employee even before any action can be taken. He stated that EMC§ 3-IM~ lays out a Id of procedures for corrective action. even before discipline is taken, and EMC§ 3-IM-7 lays out the procedures when disciplinary action has to be taken . So, be commenled. the concept that be talked about of progressive discipline is already built into the code and coatinues in affect . All of thole ICClions, he noted. have not been changed by this. He stated that bottom line on this is dial the ordinance is a balanced ordinance in view of the changes that were made by the YOten in Ncwember . He mlCnled dial the revision is lllled on the comments that Mr. Buescher presented on bellalf of the Police ASIOCi•ion, and it specifia that if the bearing officer finds that the specific came dial Im 10 allllpOl1 witll die llaadanls dial an: laid out in EMC § 3-1 M-4, that if one of thole pounds for laWliaalioa is re-a tllca die ac:liaa of die appoimiwg authority has to be upbdd. The other cban,e tbal -aide -11111 if ill r.:t die larillg aftklcr fillds dial -of tllllle pounds -nol praelll, wllicb be aid is a ...... for lenaiaMiaa, tllca die dilcipliae Im IO be .-led ud there would not be a modificaliaa eida way . Mr. Saaplc .... 11111 ii is ill liae with wbal you fiDd in binding arllilnlion in the adicr ICdioa ofdle Ollnel-ad 11e tllillk ii is fair, dial it is consillcnl. all of the procedural due pn,ce11 rigllls arc ltill ill place. die jllll -llallllanl is in plaa: and the ..i.ority of the bearing officer is comillenl •-itll wllat -p111 illlO die Cliarter ill Ncwanber. c.ouncil Member Habaliclll IIIIClliaeed Mlelllcr it would have made aay -to have done • Cllancr amendment ...... would have pndllded Ille Can,cr SelVice and to have left the modificalion ...... in there. Attorney Semple said not the way the Chancr cban,es came about in this insuncc. becaulc the balance in it -that there -,oing to be binding ait,itr#ion for illlplSIC issues and there would be a binding bearing officer. But. he said. the whole poinl -dial bodl ofthoae individuals would have a specific function which -to aake findinp. but lhe notion of exercising the discretion tbal the City or managemenl bas ID excrciae. that thal '1 a function dial remains with the City and with manqement, not with the bearing off"icer. c.ouncil Member Habenicht Slaled thal her n,collcction. and she asked ror City Anorney Brotzman ', help with this, -that when the \IOte weal ID verify to keep modification in there, when it was with the Career Service Authority, was something taken very ICflUlldy and apu1 in terms of where lhe people actually voted to support modiflcaUOII . City Ancney 8nJu.mu said dial is right . Ms . Habcnichl said she - wondering if it was indeed lhe illlelllion of lhe people, when we wen: changing the Career Service Board ' "' - •. I • • 0 , - • • t:.a&9ewood City CcN111dl May6, 1996 Page20 • 0 t• • because we are replacing it with something, and she assumed that maybe they were thinking that we were going to replace it with something comparable. Attorney Semple said he can't really respond to that other than to say that the revisions that were made were clearly discussed by all the parties that were involved. He stated that he knows that from the City's point of the view that issue was one that was fairly significant, because it had been publicly discussed quite a number of times, even before the final version came down. Council Member Habenicht said the other question that she has, in tenns of the comments that were made earlier, was how many different jurisdictions have a hearing officer that do modification? She asked if that is consiSlcnt, is that often done or is that not often done? Mr. Semple advised that it varies, and he felt, with all due rcspcct, that Mr. Buescher's comment was somewhat overly broad. He said there are jurisdictions in the metropolitan area that do not allow for modification in connection with actions such as this where you have hearing officers, that the hearing officers simply don't have that kind of authority. He advised that what they have authority to do is make findings of fact and those are usually binding on either the city council, civil service board or whatever ii might be. But, he added, the notion that hearing officers have authority to modify discipline is not especially common in this process. Council Member Habenicht said then the scenario with the scat belt is not at all possible with the way this is written now . Mr. Semple said no, that it is just not a standard that would be applicable under the code provisions. Mayor Burns said that was one of his concerns that you could essentially load up the number of complaints and have one that was rather innocuous, thinking if you lost the others you could still severely discipline on the remaining one. Mr. Semple answered that the way EMC§ -3-18 is written is that for each offense, lets say there are four offenses, the appointing authority is going to have to specify for each one of those offenses what the discipline is. So he said, lcl' s say if one is drugs they say that would constitute termination and the other one is some safety violation and they say that constitutes termination. So that each one specifies that either. here's the discipline for that or else say for all four lumped together here's what the disciplinary action is. He said in that case you would have to prove all four in order to SUSlain the disciplinary action, if you lumped it toFthcr . Citing the example Mr. Buescher gave oltheft and a safety violation o( not having a ICII belt, he said if the appointing authority simply said for thole two the guy is fired. He said he thinks the problem you would run into hying to prove it is if ooc o( them isn't prcscnt then half the cause tbal you arc llying 10 justify isn't prclCIII and you would have to relale each one o( them back to the sections o( the code. He statcd you arc not going to be able to relate the seal belt violation to one and four as the grounds for termination, it's just not present. Council Member Vormiuag said lcl's go down to f, right below thal oac where you can lake it to ajuqc and a judge can justify it, where he -talking oo 11 e here with a seal belt and a theft. He said if he - found innocent of the theft. and from what he was saying he would still be fired, and if he took it to f, to a judge, then he asked if it is right that the judge wouldn't say he would be fired over a scat belt. Mr. Semple said the standard there would be if he was able to show that the Slandards within the code itself had not been met, namely the scat belt. Mr. Vormiuag commented that he felt that is their way out, right there, o( the whole thing. He said if they can go to a judge and the judge can go one step further and he could l10lvc the problem. if the guy -fouad innooeot olthis theft problem and still had the scat belt thing lingering over him. he said he thinks the judge would be mon: than undcnlanding and he would not lolc his job over thal . Mayor Bums said yes, the appeals Slandards arc Id forth . The City Clcrt was asked to read Council Bill No . 21 by title: .. ' "' - I • • 0 , -• 0 t• • En~ City C•acil May 6, 1996 Pace21 COUNCil.. Bll..L NO . 21, INlltOOUCED BY COUNCIL MEMBER WIGGINS A Bll..L FOR AN ORDINANCE AMENDING 1'111..E 3, CHAPTER IN , SECl10N 9, OF 11IE ENGLEWOOD MUNICIPAL CODE 1985 CONCERNING DISCIPLINARY APPEALS . COUNCIL MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM II (a) (ii) -COUNCIL BILL NO. 21. Ayes : Council Members Hathaway, Vormittag, Wiggins, Habenicht. Waggoner, Clapp, Bums Nays : None Motion carried. (iii) Planning Community Coordinator Stitt presented a recommendation from the Office of Neighborhood and Business Development to adopt a resolution approving the final plat of the "Chicken Ranch Estatesn Subdivision . He explained that this is a recommendation from the Planning Commission to approve a subdivision by resolution for the "Chicken Ranch Estatesn which is a subdivision located on the west side of South Huron Street in the 4300 block . He said the subdivision itself is the creation of five IOCS out of what currendy consists of three parcels. Mr. Stitt advised that on those three parcels are a total of nineteen dwelling units. He Slated that Mr. Nestler is the joint owner of this property and has requested this subdivision to essentially eliminate a significant number of non- conforming units and also to create one building site. Mr. Stitt IIOlcd that this property is zoned R-1-A. That all of the lots proposed in this subdivision will conform to the R-1-A mne dislrict standards, with the exception that there are two lots that will have structures that do not meet the side yard setback rcquin:ments. He Slaled that as the Slaff rmewed the propoals it was their position that that is a minor price to pay for the dimination of a substantial number of ~orming lots and also to create one new building site in the City . He said ll8lcd on that and based on the evidence presented at the public bearing bd'ore the Planning Commission, they are requesting that Council approve this propolled subdivision . Council Member Halbaway asked if we are okay on the fact that oo the original drawing it shows dirt 11CCC11 and pa,tiag and -you are rqu:ing it withjull gnvd. Becaule, she said, she knows that there was -qllCllioll awllile back • to MIii an "impemous mrface" is and wllal was required and wlldher M can ID with gnvd oe lOp of din • u illlpCI .ioul ..r.ce or lllll. Mr . Slitt said we llave allowed gnvd ..... he --for pa,tiag ud in fact dial aftca WOfU bcacr •• leas impcrmable ufacc than ~ or c:oamte. Ms . Hadunway said she WUled to make sure M are being cmm11e111 with what M llave di,-pn:viausly. Mr. Stitt said ya. Council Member Waggoner noted that four al tllOlc lots are ll)ia& to have accesa oo to Hwoa Stna. Mr. Sain said dial is com,ct. Mr. Waggoner asked where the aa::a1 is for lot one . Mr. Stitt advised that lot one bas a. he believes. thirty foot wide easement that NIii due north to Quincy. Mr. Waggoner said it shows an eighlcen foot wide aa:ess . Mr. Stitt said okay tbea eighlcen fed and that there is an accesa CIIICIIICIII for that property that has existed. He said that particular property will increase in siz.c as a result of this subdivision. but the access will not change as a result al this subdivision. Council Member Waggoner asked if then: are not other lots that 11CCC11 that euemcn1 allo, jull north al there. Mr. Stitt said not to his knowledge . He said if you look at the applicant's exhibit that shows the property there is one lot that accesses that due oorth of the subject property. Mr . Waggoner asked if it is pan al the lot two of the Hasting subdivision. Mr. Stitt said ,es. Mr . Waggoner asked who maintains it. Mr . Stitt replied that ii is a private easemc:nt , a private access. and. although he was not sure who maintains it. Mr. Stitt said ii is not the City. "' - • I . • 0 I - - • • E•&lewood City C«NHICil May 6, 1996 Pqe22 '· • • • Council Member Vonnittag asked how do they get to that property, lo which Council Member Wiggins responded that it comes off Quincy. Mr. Vonnittag asked why they don't just sell that property with lot five and four and three and two. Mr. Nestler responded from the audience that it is not ours, that it is eight feet from the neighbors. Mr. Stitt said it is a rm>rded casement to provide access to what will become loc number one of this subdivision. Council Member Waggoner asked if there is 110111C sort of maintenance agreement, access agrccmcnt or casement agrccmcnt between the properties involved as to who maintains it Mr. Stitt responded that he is not familiar with that casement and suggested that Mr. Nestler would be able to provide that information. Council Member Habenicht asked how many residents live there now. Mr. Stitt stated that there were ninclccn units there in a combination of five or six structures. Some of those structures, he said, have been demolished, 50 currently we arc down to four or five dwelling units, and they will all be single family dwelling units at the completion of this subdivision process . Mayor Bums asked if this literally was a chicken coop. Mr. Stilt said that is correct . Council Member Habenicht asked if the people currently living in thclc low rent units could be put in touch with the Housing Authority. Mayor Bums said that Mr. Ncstlcr can talk about that u be has talked to him about that before. Mr. Jcny Ncstlcr said the people have been given almost six months notice and they have them in contact with the Housing Authority and most of them have moved out of the community, one bought a house and the remainder have found Olbcr housing in the Englewood area. He said that adequate notice had been given and they were liberal about getting out of their lcascs 50 they could find something and go there with funds. Ms. Habenicht said she was RO( sugating putting the burden oo Mr. Ncstlcr, but rather that perhaps the City could assill if anyone -having tJoublc localing housing . Mayor Bums said that WU a gond question, that be just happcncd lo be talking lo Mr. Nallcr ooc day about that and was told that they have addrcslcd that. Council Member Wagoner asked dial -addrcll WIier ad ewer 11C10C11 poiDII far die propoed lots. Mr. Stitt said thal the oaty propoed loc 11111 will m llave WIier ii propoed 1oc a1111111er four . All die Olbcr lots bftc individual ICA'icc liaes ud.. lie bdie¥el, iadividllll ewer liaes. He aid loc -m a water line that is in thal cighloca fool _. aad • -poinl in die ftiturc MICll loc four is clewlopcd a new ICIVic:c: line will be illllalled f'nlm Hwoa IO lo( -tluoup u _.._ He aid 11111 Im been rcvicMd by die Utiliticl ~ ... dley appnMld it. Mayor Bums asked how IIIKII oltllis ii-~-Mr . Slia 1apoadcd thal tllcrc will be ooc new bousc built 00 propoed lo( four. Lou«-, two, tine, aad fiYC, lie aid, bftc exilling homes 00 *81. Mayor Bums askcd if the homes arc bciq rcaidded. Mr. Nader aid DOI exlelllivdy, just Clbilldly, carpet. paint and things o( thal axt . Mayor Bums askcd iftllc loll 1111 tu. already llave acaa 10 die llnlCl. Mr. Nader aid dlcy do uw IICIOCII. Mr. Stitt said thc propoed lllbdMlioll really dlaa 't c:lulqc thc cim1••ecn for loll C111C, two, three and four. T1lc rcsolutioo WU eaigncd I number ud lad by title : RESOLtmON NO . 47 , SERIES Of 1996 ,, - •, I . • 0 , - - • • • En&tewoocl City Council May 6, 1996 Pace23 A RESOLUTION APPROVING 11IB SUBDIVISION OF PROPERTY LOCATED ON 11IE WEST SIDE OF TIIE 4300 BLOCK OF S01Jlll HURON STREET. COUNCIL MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (Ill) -RESOLUTION NO. 47, SERIES OF 1996, Council Member Wiggins said be wbolcbeutedly agrees with it. Motion carried. Ayes : Council Members Hathaway, Vormiuag, Wiggins, Habenicht, Wagoner, Clapp, Bums Nays : None (iv) Mayor Bumi said that, although be would be abstaining from the vote on this item, be would like to rad the beading. After reading the beading of the bill, be said that be will abstain because be is the chairman of the Housing Authority Board. City Attorney Brotzman presented a rccommendalion from the Housing Authority to adopt a bill for an ordinance approving an Inlergo\'enUllell AgR,ement for the 1996 Anpahoc County Community Develupment Block Grant Program. Mr. Brotzman said this is the traditional block grant program which we have been doing for a number of years . He said it tracks the previous agreements for the block grant program. They have broken this into thftlC IICpll1'llle pieces as required now by the State, but in all other aspects it remains the same. Council Member Hathaway said it is the same as what we have ever applied for previously and we have always, every year, specified what we were going to IIIC the specific grants for so this isn 'I any ditrerent in that regard. City Attorney Brotzman said that is airrcct. The Caty Clert was asked to rad Council Bill No . 26 by title: COUNCIL BILL NO. 26, INTilODUCED BY COUNCIL MEMBER HABENIOfT A BIU. FOR AN ORDINANCE APPROVING AND AlTJ'HOIUZINO 11IE EXEClJl10N OF IN11!ROOVERNMEJin'AL SUBORAtirmE AOREl!Man'S FOR 11IE 1996 ARAPAHOE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CONl1NUING RESOUmON FUNDING BE'IWEEN 11IE ARAPAHOE BOARD OF COUNTY COMMISSIONERS AND 11IE CITY OF ENGLEWOOD. COUNCO. MEDER IIAaENICBT MOVED, AND IT WAS SECONDitD, TO APPllOVIt AGENDA ITEM 11 (a) {IY) -COUNCIL alLL NO. 26. Ayes : Council Members Halhaway, Vorm.iaag, Wigilll. Habeaic:lll. Wagoner, Clapp Nays : Noae Abltain : Mayor Burm Motion carried. (v) Division ChielMoore plWllled a reca &ion l'nlm die r>c,ertmcat of Safety Servica to adopt a bill for an onlinance pn,llillililta labaccl, .-by lllilas. He advilDII tbll this onlinance buically prohibits die p ille or cc,,m1111p1klll of labaccl, pnlduc:ts by lllldela,c pena111, buically individuals age _._ ud llllder. '"-ily ill pulllic .,.__ alti-,h he poilltod out, dlere "' -. . •. .. I . • 0 , ]- • • • Englewood City Council May 6, 1996 Page24 c, • 0 • are some provisions for enforcement on private property . Mr. Moore stated it is a strict liability offense, which means that intent is not a factor and schedule of fine is up to a $100 and 24 hours of public service. The City Clerk was asked to read Council Bill No. 25 by title : COUNCIL BILL NO . 25, INTRODUCED BY COUNCIL MEMBER WAGGONER A BILL FOR AN ORDINANCE PROHIBITING 11iE POSSESSION OF TOBACCO PRODUCTS BY MINORS IN 11iE CITY OF ENGLEWOOD, COLORADO BY AMENDING TITI..E 7, CHAPTER 6E, OF 11iE ENGLEWOOD MUNICIPAL CODE W11H 11iE ADDmON OF A NEW SECTION 8, ENTllLED ILLEGAL POSSESSION OR CONSUMPTION OF TOBACCO PRODUCTS BY AN UNDERAGE PERSON. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM NO. 11 (a) (v) -COUNCIL BILL NO. 25. Council Member Habenicht advised that she has had a couple comments that were questioning it and being against it. She said since the Herald article appeared. the commentary by Council Member Waggoner, she has not heard anybody complain about it. She commented that she thought tbe rationale was quite well stated, very positive. Mayor Bums said he feels the same way . He noted there has been a lot of publicity in the last few months about the tobacco industry. That he has heard some startling reports about the numbers of young people that are starting to smoke pursuant to some of the advertising. cspccially geared toward them . Which he stated he thinks is a real concern. Ayes : Council Members Hathaway, Vonnittag, Wiggins, Habenicht, Waggoner, Clapp, Bums Nays: None Motion carried. (b) Approve on Second Reading There were no additional items submitted for approval on IICCOlld reading . (See Agenda Item to -Consent Agenda .) 12 . Gaenl ....... (a) Mayor's Choice I . Mayor Bums advised that he attended. with the City Manager and Bob Simpson. the Craig Hospital Interim Care Facility dedication on Friday, which was quite impressive. He said they received public COllllllCIII and congnaulatiom on behalf of our Slaff, Chuck Esterly, Jim Blumenthal, Ben GRICDC and Ladd VOllry for the wort the City has done cooperating and coordinating with Craig Hospital on this and he said he feels some real kudos should be extended to the Slaff on this. He IIOICd they were very appn:ciative both publicly and by the comments of Dennis O'Malley, the Director and Slaff. He said he feels there should be something placed in their file. whether it be a leuer or whatever commending tbeae members of our staff for the excellent wortr. they have done on that facility . 2. Mayor Bums commented that. as Council knows from informalion in their padlds. RTD is ,oing to have a special ceremony on Thursday morning at 11 :00 a .m. at the Gates Rubber Plant extelllion of the ' ..... ,- I • • 0 f - - Eackwood City Couac:il May6, 1"6 Pace 25 • • , . • light rail. He noted that Secmary of Transponation Federico PcAa is going to be in attendance to execute the full funding grant agreement for the construction of the southwest a,n:idor light rail line. Mr. Bums said he hopes eveiyonc can make it because it is going to be a fine occasion. He commented that despite what some of the a,lumnim and pundits think, he thinks this is going to be funded and it is going to be built. He wanted to thank everyone for all af their support on this. He llatcd he hoped that all of the citizens aC this City who ICllified bcfOle the RID board in this matter can make that meeting. because they really made a difference and he thinks that is very imponant. 3. ~ Bums pracnled the Housing Authority's annual payment in lieu of taxes in the amount of $16,ISS .97. He gave the check to the City Manager to be approprialdy deposited. (b) Council Member's Choice (i) A proclamation 1-ing Austin Gomes as Englewood's Citi7.Cn of the Year for 1996 was oonsidcrcd . ~ Bums noted that Mr. Gomes will be honoRxl next Monday night at a special occasion at the Malley Center. 'The resolution was assigned a number: RESOLUTION NO . 46, SERIES OF 1996 A RESOLUTION HONORING AUSTIN GOMES AS ENGLEWOOD 'S CITIZEN OF 11fE YEAR FOR 1996. COUNCIL UNANIMOUSLY MOVED AND SECONDED, TO APPROVE RESOLUTION NO. 46, SERIES OF 1"6. Motion carried. Ayes : Nays : Council Mcmbcn Hadlaway , V~ttag. Wiggins, Habcaic:bt. Waggoner, Clapp, Bums None (ii) Council Member Hadlaway : I . COUNCIL MEMHR BATRA WAY MOVED, AND IT WAS SECONDED, TO BOU A CITY COUNCIL S111DY SESSION ON TIIISDAY, MAY 7, 1"6 AT 5:JI P.M. TO urr WITII llUllESl:NTATIVES ftOM C'IAlllON ASSOCIATES. Council Member Hathaway said she is --. 11111 this is• opc11 mediag. ~ Bums said 11111 yes it is. Ayes : Council Membcn Hadlawly, V~ Wiggins, Habcaic:bt. Waggoner, Clapp, Bums Nays : None Motion c:an:ied. 2. She said sbe wanled to add, rcpnlina the RID lipiag OD Tbunday, thal they did 1Ct 11P a sbualc trlUllpOl1 from the Cilldcrdla City lile wllidl **Id pn,wc dlll they are inaated ill CDai1ta lllis way . SIie ltaled they did llllke vcry llricl coamellll dlll it will be CXlrandy limiled pa,tiq ... dlCle Ill Broadway and 1-2S . SIie said it is cxtrcacly lilllited if)'OU ID there ill the middle oCthe day..,_,.. She CllllOUlllpd -,yaac to put al Cindadla Cicy and bul it down lllcre . Council Member Vonaiaaa ' I .. I . • 0 , - - • • E.aclewood City C1111acil May 6, 1996 Pap:26 • • t• - ... said you could go downtown and take the train out. Ms . Hathaway said you could take the train back out to Broadway and 1-25 too, whichever works. 3. She said DRCOG, last Wednesday night, did a SIUdy scssioo on the proposed TIP, TransporWion Improvement Plan . She said they arc still maintaining the funding • a back-up funding for RTD and light rail, just in case . Ms . Hathaway added that there were also some additions of projects that came from Colorado Department of Transportation (COOT) regions one and four, but it does not totally overall affect anything that we have currently in the plans. such u the widening on Broadway from Yale to Floyd and also the U.S. 285/Broadway bridge. She said they arc Cllllllinuing to mainlain their positions in that particular plan. So, she said, she does not think we have any worries just yet. She OOIIUIIClllal that the only thing that would change our status in the putiadar plan would be if their quality ClOllformity findings show that tbo5e two should be dropped and she said she can't imagine that that-.ld have any affect one way or the other, but it still has to go through that review u well . She said she will keep Council informed in case ii does drop anywhere in its llalUS. Mayor Bums said we will certainly want to know. Ms. Hathaway said we don 'I want to lose ii like we did two years ago. (iii) Council Member Vonnittag said he hoped to see Mayor Bums on Thursday, he said he was going to try to make it down then::. (iv) Council Member Wiggins: I . He said he wanted to gave kudos to the Pam and Recreation Department as he asked them to come out and help sandblast graffiti in the neighborhood and they did and did a nice job. He wanted to pass his thanks along to them. 2. He said he also wanted to thank Public Works, specifically Rick Kahm . He said he ubd him to check a situation in the neighborhood. a waler drain problem and Rick has taken can:: of that so he offered kudos to them also . 3. He said he is wondering why he is ,eaiDg so much stuff' in the mail, SIUdy Raion notes from April Ill, April Ith, April 15th, April 22nd, hen::. I undenland why we'd get the 29th, but he WOlldeled why they arc ,eaiDg all this extra lludy ICllion notes. Mayor Bums said he thought they were requaacd by Council Member Habenicht and he asked if that is right. Council Member Habenicht said no . She said we haven't been n::c:civing SIUdy ICllion notes . Discuaion emucd and --1 Council Members c:oac:uned that they n::c:civcd --1 ICII al notes. Council Member Wiggins said he is al a ka u to why they're gelling these. He commeared that lie is kind al ,etling the impression that they' n:: gelling in on an invaliplion by MIi. Habeaicbt on ewaydliag that is (!Ding on Ci~la City . He CDIIIIIICDled on the duplicllion of all this papci wort, ud if Ille '1 (!Ding to run a private invesliplion into CMIYlhing that '1 (llling on, he said then give her the papcrwon., but he does not want 10 see it. Council Member Habenicht said she wanted to conunent on thal, she said u a maner al fact that she bad asked for certain copies of •udy ICllion minuta ud they wen:: forwarded to her . She explained thal wbea she asked for them shew told by Sue that lllle llada't campeeed all the miDulel al the April mmings yet . Ms . Habenicht said Council has not received thelC yet, that she thinks this ii the ftnl lime Council's n::c:civcd theae April SIUdy-. minutes. (v) Council Member Clapp: •. .. I· • 0 , - - • • • . ' • .. Eaclewood City Couacil May 6, 1996 Pqe27 1. COUNCIL MEMBER CLAPP MOVED, AND IT WAS SECONDED, THAT ALL OF TIii. CINDERELLA CITY DEVELOPMENT PUBLIC INPUT PROCESS BE COMPLETED PRIOR TO DI.FINING ANY TENANT MIX. Mayor Bums asked if there were any questions. He DOied that Council talked about this in one of their 8-'ings rec:cndy . Council Member Clapp llOled that that was last week and it was somdhing that Council had kind of agn,od upon . She said in talking with people in the QOIIIIIIUIUty, that they would like some assurance. She staled that she does not see as that would be any problem . In respomc to Council Member Wiggins. Council Member Clapp rqlCIIICd her motion . Council Member Hathaway asked if she was referring to the scheduled public meetings . Council Member Clapp said yes. Council Member Hathaway pointed OUI dull public input is alao going to c:oatinue when the PUD ltaJts. Council Member Clapp said that is aJl1'CCI. and in respomc to Council Member Waggoner she confirmed that she is spccifically talking about the four meetings. Molioa carried. Ayes : Council Members Hathaway , Vormittag. Habenicht, Waggoner, Clapp.Burns Nays : Council Member Wiggins 2. Ms. Clapp said she did not "-i--muy council members are aware ol the vandalism dull is taking place in area oa tires. Sbe said it is quite lipifiaml and she wanled to inform Council ol tbal fact. 3. Sbe advilCld tbal she has had requem within die 4500 block olSOUlb saa-n for a liglll ill die CCDlcr oldie block OIi the well haad lick. SIie said tbal is in die middle ol Cbarelyn Plllk ud ii is wry. very dart in that area . She said if this i1 any indication ol whal wc ~ Clllllling this swamcr she said she tbinkl WC should b* iDlO pulling a liglll there . 4 . Council Member Clapp Slaled thll Ille made a R1C111C* in qanl to aumben for Cinderdla City . She said she did receM aa appraisal, wllich she requelled bid. ill Marcil, ud ill loatillg al dial Ille lllllcd it is a 93 appraisal . Ms . Clapp said she is wondering ll this poiat if they should DOI be looking al paillg a new appraisal baled oa bare land. She commented thll it jull -to her dial die 93 is aa awfial old appraisal . She said you wouldn 't Id! your house baled OD 93 figures, 10 she qlllCllioaed wily would you be looking at a 93 appraisal to be building into our dcYdopmalt there . Mayor Bums DOied thll a lot ol things chanpd oa thll litc since 93 in tenas ol oa:upucy. Ms . Clapp agn,od. Council Member Hathaway noted that it clcpeads oa whal basis you 're using for the appraisal as to whctbcr you 're using bell pouible 111e, wbethcr you 're using oompanblca, wbethcr you 're using SWTOUDdiags . Council Member Clapp staled she thinks IO!Ddbiaa baled OD bare land value . da"'"""~ ..... _. ,. - • I . • 0 - - Ea&lewood City Council May 6, 1996 Page21 '· • • • Council Member Hathaway said yes, but what she is saying is whatever that one was based on a,uld be a totally different situation now anyway . Because, she noted, if it was based on comparables in the an:a of shopping centers, if it was based on best possible use of that partiaalar site, she was not sure what the ninety-three one was based on. Mayor Bums said he is not sure either. He asked City Manager Clark if there is some natural process here that we will go through to get one anyway . Council Member Hathaway asked if it is a moot point if, in caence, it's being handed over to us and then turning around over to a developer. She said in other words we llCICld to know what that base value is, but is there a tangible value in it al all, when all you're doing is flipping it over. Mayor Bums noted he does not know thal thal would change anything as far as its basic value. Council Member Wiggins asked what would they do. knowing the value and where would they go with it? Council Member Hathaway asked if the value will change anything as far as the development is concemcd? She said she is not sure it would. that when you're just flipping it from one pa,ty to another, and we' re just the mediator. Council Member Clapp Slalcd it might significandy cbange it and it might significantly change the negouations ifwe find out we're not in the ballpart. Council Member Hathaway said okay. Council Member Clapp explained that she is trying to do her own feasibility, and she llCIClds to know in her mind that this is the right thing to do • far • the iqotiatioas pan with Skip. She said she does not think th" we're there yet oa the CIOllll'IICIS. She IIOled we're womng oa them and she wan11 to malic sure that the numbers are all right bef'on: she goes ror-nl with it. She Slalcd she would like to have a land appraisal, a basic raw land appraisal, baled oa today's value, IIOI a 93 value . She said she thinks tbal's significant. Council Member Habenicht asked if it oould be dolle IIPIIII the ame basis that the prior one -done in 1993, and then thal way ii would be a COlllillellt tlliag to be Ible to compare 011C to the other. Council Member Hathaway said yes, apples to apples . Council Member Habenicbl said that baled OIi tbal, and she thinks it COlllained amkd ualysis. companbles. that thal makes -to her. Council Member Hathaway said she thinks it -done on oomparables but she does not boaellly remanber. Council Member Vormittag asked Council Member Clapp if she -making a motion . Council Member Waggoner asked why you would appraiac it on bare, raw land, though. why not apprailC it for highest and best use? Council Member Hathaway said she thought the comparable usage one was clone, that it -a combination of highest and best use or comparable land or that si:zc in the metro area. Council Member Waggoner said yes, he didn't look al ii thal clole. ,,,_ .. .. I . • 0 , - • • Englewood City Council May 6, 1996 Pa&e29 • 0 t• • Council Member Hathaway said that if it's not what it was based on, it isn't going to do any good to do one like that now, but they would have to check. Council Member Clapp said that what she was getting at last week. and what she's still trying to get at, is basically finding out what it's worth. what the developer is sinking into that land, to make sure that we' re in the ballpark. That we're getting the best value for that that we can possibly get. Council Member Hathaway asked if she meant as far as development is concerned? Council Member Clapp said yes, as far as everything. Council Member Hathaway commented that what she was trying to say was that he is not sinking money illlo raw land. becaUle we're flipping it. Bui, she said, what you're talking about, what he ends up with at the end. is it Fing to be wonh it to the City for what we ~ up . Council Member Clapp said that's where she was going with it, the demolition. Mayua-8ums advia:d that the City doesn't own this site. except for the parting, at this point . Council Member Hathaway noted that still that's a significant pan ofa piece of land. Mayul-Bums said we' re facilitating it. Council Member Vormittag asked ifwe are going to own it all? City Manager Clark llatcd his only area of confusion is how do you get it to the bare land aqe, because it's not bare land now . He noted the 93 appraisal took into account the fact that there were building improYelllCIIIS there. Council Member Clapp said you take into aa:ount the demolition. the salvage value, you IUlltrac:I demolition. you add in salvage value. all thelc things, tbcle numbers, should work. and you sliollld - up with • ballpark. City Manager Clark said that if we do an appraisal report, that should include: the demolition COIi. or should it assume that there's nothing there, and there's just bare land? Council Member Clapp said no. it shouldn't. She said she thinks what Council Member Habeaidll was getting at is a good point, comparing apples to apples is good, and we can go from there. Council Member Habenicht said she thought she has • a,py with her. Council Member Hathaway said in other words, what would it have been wonh if they'd clone the 93 appraisal based on no improvements on it. She said she's right, if you take what that appraisal -. and schedule in what it's going to oost to demolish and what they can get back on salvqc. theorelically, you ought to be able to come up with a number that would clolely repracnt, in 96 dollars, what it would have been in 93 had it been a scraped site. Mayor Bums said he is still not sure you' re talking about the same thing. He asked if she is talking about cranking in the demolition costs or not? ' •. " I • • 0 , - • • Enckwood City Council May 6, 1996 Pace30 • 0 I• • Council Member Clapp explained you take the appraisal value and you start laking all or the other factors, whether it be a plus or a negative and you come up with a ballpark figure . And that should give you a good idea of whether you ' re getting good value out or your negotiations. Council Member Hathaway said that in other words, if the value of the property ends up being, say for example, fifteen million dollars, and you don't end up getting that intangible value of improvcmcnts on that property, once Skip is done, or whoever is done, then the City bas DOI rcalimd any net incrcuc in value of thal propcrty to us. Council Member Clapp noted it could even go in the bole. or it could be the other way in our fawr. She said she docs DOI have any idea. Council Member Hathaway said the only problem with thal particular philolophy is that you 're only basing it OIi propcrty tax appraisal value and what the City -would rcaliu on that particular value. She COIIIIIICDlcd that you ' re not realizing what you would be getting in. for all those other taxes and other intangible values. that you can't put into an appraisal. For insuncc, she said, sales and use tax, and that SOit of thing. She said she docs not know. She noted she is DOI sure the number's going to be a valid number to use for anything. Mayor Bums stated he is still not sure this gets us any place, because the title transfers from Equitable to the dc\'elopcr, the City really docsn 't bold title to that. And, the one scenario was that the title would go directly from Equitable to the dcYclopcr. So, he rcitcraled, he is DOI sure this tells you anything. Council Member Habenicht stated she thinks it's appropriate to have the appraisal, and to have a more current appraisal, and she thinks it could be done in the same way that this one was done. She said this one did gi\oc appraisal , which bad an estimated value given for bare land. This appraisal makes the assumption that the site is entirely clcaml and ready for new retail clcvclopmcnt. Council Member Hathaway asked if she is reading from the 93? Council Member Habenicht said she thinks thal it makes pcrfcctly good -to -whit cbangcs tbeR might have been. Mayor Burns said he is DOI sure it makes any scnsc at all . Council Member Wiggins stated he doesn't either. Council Member Hathaway asked 111'ho's BOing to pay for it? Council Member Clapp asked if wc don't have the IDOIIC)' to p:c an appraisal . Council Member Hathaway said she is just uking. She asked if Ms . Clapp is sugesting thal the City initiate an appraisal and Mr. Clalk to pay for an appraisal on this paniadar propcrty? Council Member Clapp said yes. the City should. She stated she thinks this comes up to aR we ,eaiDg our money's worth out of there. She adt-'edged that wc don'I own the foot print, however, she said, WC IIR taking IOIIIC risks Oil this, WC IIR putting monies into it and WC need to 111aC sure WC aR ,eaiDg the IIIOll out of this development She said she thinks that' 1 just part of doing good busi-, understanding the numbers and undcntancling what you're dealing with and that is really all she's asking for. ' •. .. I . • 0 I - - • Eagleweod City Council May6, 1996 Paielt • • t• • Mayor Bums commented that he feels some undcrcurmlt bcrc to continue to undercut the devdopmcnt we've been working on and he is not sure this gets us anyplace. Cooncil Member Hathaway asked if this an official motion to direct Mr. Clart to do an appraisal OD the Cinderella City property'/ Council Member Clapp said yes. Council Member Hathaway suggesaed Ms. Clapp make it in the form ma motion and Council can wae it up or down . COUNCU.. MEMBER CLAPP MOVED, AND IT WAS SECONDED, TBA T THIS COUNCU.. DIRECT STAFF, CITY MANAGER CLARK, TO DO AN OfflCIAL UPDATED 1"6 APPRAISAL BASED ON RAW LAND AT THI. CINDI.RELLA CITY SITE. Mayor Bums asked if there was any other discussion'/ Cooncil Member Vormittag asked if that is all they want, just bare land? Council Member Waggoner said he does DOC know how you split out what we own and what somebody else owns, which is the problem. City Manager Clart said he is DOI SUR about the appraisal blsis, and he would want lo talk to the appraisal company first and then outline whal the blsis, bccause it's bare land to be developed for what'/ He noted that's the only area he's hung up on. Council Member Waggoner advised that F.quitable owns the air rights, and we only own to a point twdvc feet., or ten feet., above an X OD the sidewalk owr lbcrc. City Manager Clart asked for Council to help him out on this. He said Council buic:ally wants a number for bare land, and then you wanl to COlllpllC ii with a number OD the demolition? Cooncil Member Clapp said DO, DOI necemrily. She said she wants • IIUlllber for bare land, and WUls to aee wbal Skip is putting into this land. and belOCI OD that. she can come up with whether or not we're Idling good value here. In other wonk. she COIIUl1Cllled, that if he's DOI putting hardly anythiag ink, this in~ to wbal the markcl value is. Mayor Bums said what he is Idling at is how can we give value for IOllldhing we don't own? City Man,cr Clart said we can plll a value on it. the problem is wbal an: we valuing. which pieca. He said. because he·, supposed to get the fnotprint, and then wbal is the basis m the appraisal, it', bare laad'I Council Member Wiggins uked for what? City Manager C1art llllied if it is for _, to five bulldred tllolmad ...-fed m lmil. Mayor Bums said he would~ that's ript. That thal's 400,000 aquan: fed mlmil and Clllertaillaal. Council Member Clapp said but basically we 're haading it to Skip to develop,., she's llaviaa a llarcl time undenlaading why it would -be sipific:aat. City Manager Clart said wllll he is uyillg to fipre out is where you faclol-in the *-lition COil to pt it to bare land, bccause we can do an appraisal for bare land. He llllied how do you pt it to bare 11111d, and ,,,_ • . I . • 0 , - - • Eacteweod City Council May 6, 1996 Paae32 • 0 • then what do you then compare those numbers with the bare land numbers, or how do those get factored in? Council Member Clapp said if you have demolition costs, and salvage costs, she felt you can add what he's sinking into the property, and compare it to what it's worth and see if we 're in the ballpark there. Council Member Waggoner Slated we don't own f.quitablc or Mercantile. Council Member Clapp said no, but we do have a vesled interest, and if those numbers are not in the ballpark then that should be of concern and why aren't they? Mayor Burns said he does no( know what the ballpark is, and he asked Ms. Clapp what she means by a ballpark? Council Member Clapp explained that if the clevcloper is not sinking in that much money then she wants to see. She said he's not , basically, buying it from us , or from f.quitable, so it would be significant to know what it is worth and what he is putting into it. Mayor Burns advised Ms. Clapp that what he gets back is a cerlain percentage of return on his invesled capital and his clevdopment buqet is now forty-two million dollars. He explained that how that figures in, as far as land value and that, is that you have to look at the entire picture of his invesled c:apital and what he gets back on it, not just isolating out the site and talking about bare land. He said he does DOC think that's going to tell you that much. Council Member Habenicht Slated that in 1993 , it sc:emed prudent and wise to get an appraisal mthal site. She noted that when Council Member Clapp asked for an appraisal of the site. this is whal -praeated and it was done based on bare land, based on the 1993 market. She said she thinks it 's well within reasonableness and being responsible to know what it is that we're dealing with ifwe have an appraisal now . She IIO(ed she does no( see any problem with how you have to ay it -done. they were Ible 10 do it, they were Ible to do it on bare land, and this is a way that we CXJUld have a comperi-. 10 kmw whal the value o( the bare land is now as cx,mpum 10 what it was in 1993 . She reiterlled thal * does no( ICC that there's a problem with that. and ibe thinks it 's only wise and pNcleol / Council Member Habenicht said ae lhillb it dlould be COlllplled jllll cuctly and diRICtly to that . She COIIIIIIClllcd t.bat she does no( know if Council tad tliis. but thal * tad it in its Cllliray and tbougbl it would be interesling to ICC wllll this would be -ud thal * agna with Council Member Clapp. City ManaFr Clart asked ifhe rememben,d the appraisal rq,ort 's -'el value on the site comctly. Council Member Habenicht said yes. Council Member Hathaway asked if that 's for the full '°·13 acres, if it is for the whole property? Mayor Bums said it is for the whole property. Council Member Habenicht said she was noticing t.bat there 1CC1111 to be mmc clilcomf"on on the put o( the City Anomcy . City Anomcy Brotzman advilCd tball if the City is doing appraisals. and we're appraising odler people's property, that we sbould no( be dildoling the numben for the price o( IOllldJody elae's property. Council Member Hathaway aaod C\'Cl'I ifit isa 93 number. City Attorney Brotzman said if be was f.quitablc, he did no( think they would be real c::omfonable with us appraising what they own . Council Member Hathaway said she undentands that. City Attorney Brotzman advised that Council ..... •. ... I . • , - • • Englewood City CINlncil May 6, 1996 PaFll • 0 - could discuss it among themselves and use our numbers for what value they have. He said he thinks they're in litigation right now over taxes and what their property's worth . Mr. Brotzman said if its valuable to know what that property's worth. that's fine, but he did DOI think wc want to get in a fight with Equitable by disclosing what wc think their property's worth . City Manager Clad said the only thing he wanted to say about the appraisal is that it is an educated marltct value. He stated that appraisal in 93 set a marltct value and no one has come along and paid that marltct value. So, he commented, is the appraisal valid or DOI valid? He DOied an appraisal is only validated until a buyer and seller get together on a price. Council Member Clapp said that's also based on comparables, and that type or thing. She noted that if you put your house on the martet.. its based on companbles and the market place in your area, they have guidelines that they go by on things like that that arc standardized. Council Member Hathaway said she thinks the dilfercncc is that you own your house and wc don't own this penicular property. Council Member Habenicht stated that wc cenainly own parts of it. Council Member Hathaway said wc own parts of it. Council Member Waggoner DOied you could still get an appraisal on the whole property, depending upon what you want appraised. He said that you've got to have some definition of the area that you want to have appraised and whether that includes the strip along 28S , or what it might be, because, as near as he can tell there isn't S0 .83 acres there under today's circumstances. Council Member Hathaway said that she thinks that also included that north area parting lot that was under a separate lease hold to somebody else, and it's always been maintained as a separate lease hold, so you can't even include that. Council Member Waggoner stated that what he was told is there was about forty acres. but you can certainly get an appraisal on raw land. or raw land value for a specific area. Council Member Vormittag asked how much that appraisal ODIi? City Manager Clad said he did DOI "-. that that-• preliminary appraisal report we haven't been able to find. He advised that Pam Pq,per ordcml lhat report out . Council Member Vormittag said you wouldn't want to pay much more than what that one would cost to do this. Mayor Bums said it's got to be several thousand dollars. Council Member Waggoner said he did DOI know what else went with this. Council Member Hathaway said it was quick and dirty, but it allil money . Council Member Waggoner said lhat what they have here is DOI a very extensive appraisal . He noted lhat if you 're looking for a good appraisal, that what you have in lhollc few papers there is DOI a signifkant appraisal . Mayor Burns asked how long it take to get the appraisal if wc ordered one? City Manager Clad responded that he would want to have the appraisal lay out a scope and the appraisal basis. and then have agreement in Council on that, because he is DOI sure what basis it used, so we're going to have to lay out the issue to the appraiser. He said we have to say we're getting this down to bare land, and the assumption of four hundred to five hundred thousand square feet of retail . He asked if lhat is all Council needs or is there any other kind or basis that they need? He said then bring that back to Council, make sure that everybody is on the same page u far u the scope is, then let them go out and do their appraisal. ' ...... ,,. - I • • 0 , - ]-- • • Ea&kweod City CCN1ncil May 6, 1996 Pa~3' • • • Mayor Bums commented that he is concerned that if we get into contract negotiations with the developer after the public process and we 're in the middle of'that, and we're still waiting for this appraisal, is that going to hang up the contract negotiations? City Manager Clark stated staff' will give it the utmost priority, that they will 11811 on it finl thing in the morning, if the Council so desires. Mayor Bums said wlw you WIIII to do is come bac:t witb a 1C11pC of wort III we can clecidc oa exactly what we want. City Managcr Clallt said ya. blalllc we WIii! to mac sure evaybody underDnds whal is the exact appraisal basis being UICld. and tbea they ao OUI and do dial. Mayor Bums said yes. Council Member Habenicht said dial she thinks it 's impo111nt that the appraisal makes the -•mplioo that the site is entirely clcaral and ready for new mail cb'elopment, or ready for new dcYdopment. City Manager Clark commenled that the other option is just give them the 1993 appraisal and say here, update this, use the same basis . Council Member Habenicht said yes. Mayor Bums said that may be the easiest thing to do, just to get it clone . City Manager Clark said that would be quick and dirty . Council Member Waggoner said that would be the fastest way to update the comparablcs. Mayor Bums stated he would favor that, if that's what we 're going to do, because he thinks that we're going to get into so much time here. City Manager Clark said his only concern is if they 've placed the value in 1993 on it and if one accepts the survey, then Equitable should not be gifting the site. Council Member Habenicht said ii was based on bare land. and she thinks that's why you're hearing that. City ManalF Clallt said okay. Council Member Waggoner said he thinks these same people are in business today. Mayor Bums said that since we only transfer the fooq,rinl and we main ownership of the padting, be still thinks this is just confusing as the devil and he docs not ~ bow you split ii out after you get it. Council Member Wiggins said that's her problem, she's asked for it so she can sit there and play with it all day, whatever she wants to do with it. Council Member Clapp said yes that's all I Wlllt to do. City Manager Clark asked what if we ask for a bare land and four hundred to five hundred tbouand squaR feet of mail and what the fooq,rinl is worth, and what the resl of it's worth . Council Member Habenicht asked why do you have to do all that, when we're just asking for something simple? Mayor Bums said because if you don't do that he thinks you've just got a wortbless picoe of paper that does not mean anything. Council Member Wiggins said be agreed with Mayor Burns. that it's going to be a worthless picoe of paper, it COits two thousand clollars, and she wants it. Council Member Clapp said she does not see it that way. Council Member Hathaway said not to mention the fact that it's under appeal to the-anyway and what he 8SICSICI it as is a nebulous number. Mayor Bums said he is not sure where we are at this point. Council Member Wiggins said we '\'C got a motion and a sec:oad, Id's vote on it and end the diacuuion. Mayor Bums asked for any funher diacuuion. Being none he called for the vote . '· ·- .. I . • 0 , - • • ,. • Englewood City Council May 6, 1996 Pagel!! Vote raulta: • 0 I• • Ayes : Council Members Vonninag, Habenicht, Waggoner, Clapp Nays : Council Members Hathaway, Wiggins, Burns Motion carried. Mayor Burns stated the motion carried. He asked if Council understands . Council Member Wiggins said no . Council Member Hathaway said City Manager Clait has gOI to outline that now . Mayor Burns asked if he is going to come back and outline? City Manager Clait said we 'II come back and outline it. Mayor Burns stated that that's why he VOied against it, because he wasn'l swc what the outline was and what we were vOling on . Council Member Waggoner suggested staff take a look at the Justin Haynes appraisal . 5. Council Member Clapp stated that she did receive some of the Olher figures that she requested from Mr. Clark and she thanked him . She said she was just curious as lo what source he got the figures , if that was from developer or Olher? City Manager Clark asked which figures. Ms . Clapp said demolition, environmental. City Manager Clark said that came from the developer. Ms . Clapp advised that she has yet lo receive grade and fill and remediation and salvage. She said she was wondering at what point she can expect to receive those figures . City Manager Clark asked if she incant grade, fill and salvage? Ms. Clapp said and remediation . She said it has been a few weeks. City Manager Clark advised that we can ask the developer to come up with his best guess . The grading would be a function of the site plan, depending upon the final sile plan, how much grading goes in, grading and fill, and salvage, normally what happens is that there's a salvage credit when the demolition oontract is let, so we could see if the developer could come up with some type of numbers. but they may not necessarily be reliable until we get down right into the operation itself. Ms. Clapp said okay . Council Member Waggoner said it is the remediation you arc talking about , the demo, the environmental. Ms. Clapp said yes , in a nutshell . She said she is trying to see what he's sinking into the property . City Manager Clark advised that in the remediation the developer wanted to do some additional studies to get a more reliable number. He thought he had a number for environmental remediation in the original set that was provided. but that number is subject to change too, after he gets bis study done . Council Member Clapp asked if they arc looking al a Melt for some of this. Mr. Clark said they will ask the developer to provide the best numbers he can. but it would probably be the end of next week, because they arc all in Vegas this Melt marketing the shopping c:cntcr . Ms . Clapp said that's right. okay . She said Council kind of discussed last Melt some things that previous developers bad kind of brought to the table on propouls and she wanted to do some comparisons. 6 . Ms . Clapp said she just wanted to address Mayor Bums . She said this is not an under current, these arc things that she have been asking for for weeks. that she started asking for 1D111C of this information as late as March 18th . Mayor Bums said he didn't say anything about this informalion . Ms . Clapp said no, well that he said he felt like there was an undercum:nt going here. She said she just wanted to make it clear that she wants to move forward with this, but she just needs this information for her own satisfaction. Mayor Burns said that's fine . that he docs not have any objection at asking for this information. Ms . Clapp said okay. that she just wanted to make that clear. that she wasn't lUl'C if that was toward what she was asking or just in general . Mayor Bums said not at all . ' ..... .. I • • 0 - - Enctewec,d City Council May6, 1996 Pagel6 • 0 : . • Council Member Wiggins asked Mayor Bums if it was possible for Ms . Clapp to go down and see Mr. Simpson and get all this infonnation from him so that she gets up to date, and gets all filled in . Ms . Clapp said she be more than happy to do that if she can do that. Mr. Bums said he does not know why not. That he docs not know what the normal process is . Council Member Wiggins suggested that what Ms . Clapp does if she has a problem and needs to know some of this infonnation, since he 's handling it, she should go down and ask him those specific things that she needs to know, maybe: he can get it for her. Ms . Clapp said she just docsn 't want to leave Mr. Cwt out of the loop for one thing. Mr. Wiggi11s said he's out of the loop and he felt it doesn 't bother him . Mayor Bums said he does not think the City Manager ought to be completely out of the loop, but that we have a channel for communication we 've eslablished before . He said he thought that can be worked out between Mr. Cwt and Mr. Simpson and he docs not see any problem with that . Ms . Clapp says she docs not have a problem doing it that way . Ms . Habenicht said she just wanted to clarify that her underslanding was that the way that Council gets infonnation is that they get on the shon term list, or ask the City Manager directly or City Attorney Brotzman, if it 's legal , and that 's how they access information. She said she thinks this is information that they all need. Council Member Vorrnittag said that he would like to see a copy of it. Council Member Hathaway said she though they agRled last week that everybody should get a copy of everything, that 's the major reason why they scpantcd out the two shon term lists, the one that is specifically Cinderella City and the one that isn't. Mayor Bums said he thought so. Ms. Hathaway said if you get it. and you don't want to read it, fine. put it in the pile and ra:yclc it . She said that is the way she looks at it. Council Member Habenicht offered the example that she put some questions on E-Mail to Mr. Brotzman and he suggcs&ed that they were questions that she should be really putting fonh so that all the Council can know. Council Member Hathaway said that she felt Council also agreed that anything that went E-Mail would also end up on the shon term list . She said because they agreed awhile back that E-Mail is not the definitive answer, it's a method to ask the question, but it's not the definitive answer, and that it needs to be hard copied anyway . (vi) Council Member Waggoner : I . He thanked everyone for their suppon on the tobacco use product ordinance . He said he thinks it is a step in the right direction . 2. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO SUPPORT MAYOR BURNS AND COUNCIL MEMBER HABENICHT'S ATTENDANCE TO THE COLORADO MUNICIPAL LEAGUE CONRUNCE SCHEDULED FOR VAIL JUNE 11TB THROUGH 22""' AND SUBSIDIZE THE COST FOR EACH IN THE AMOUNT OF SIU. 7!1. Discussion ensued regarding cost of meals . ' I • • 0 , - Englewood City Council May 6, 1996 Pa~J7 <. • 0 - "\._ Council Member Wiggins asked if two members need to go to the conference. Mayor Burns stated that they will not necessarily go to the same sessions. He said he will go to the City Attorney thing, which Ms. Habenicht probably would not go to. Council Member Waggoner stated they run concurrent work sessions at most of the seminars he has attended. Funher discussion ensued regarding cost of rooms. Motion carried. Ayes : Council Members Hathaway, Vormittag, Habenicht., Waggoner, Clapp, Burns Nays: Council Member Wiggins (vii) Council Member Habenicht : I . She advised Council will be out of town for the next regular council meeting. She said she is really intercsled in the Cinderella City development, and she is pleased to hear that Council will not be finalizing anything until after the public input. She said she should be back the first of June, that she is going to her daughter's graduation. 2. She stated she may not be able to attend Clarion study session meeting, she may be able to attend part of it. She said she read Council Member Waggoner's questions and so she tacked some on herself asking that they be forwarded. She said she will be attending a memorial service for someone who is very dear to her. So she may be late. Council Member Hathaway asked if she would like to have the City tape the first portion of it, she said wc have had that option before. Council Member Habenicht said yes. Ms . Hathaway asked Executive Assistant to the City Manager Sue Bradshaw to arrange that. Council Member Hathaway said she would like to see, regarding the Clarion meeting tomonow, the memo being ciradated on the Clarion Associates information. Ms . Habenicht says she has it. Ms. Habenicht said a lot of the copies are bad and you can't really see what the pictures look like. She said she went in to look at the originals and as she WIS leafing through one she found one that really peaked her interest. She asked Administrative Assistant Gertrude Wdty to copy it for her. She said she looked back in her packet and her packet did not have it. She said it WIS really interesting, that it is called the Stanton project in Lakewood dated 1996, and it had a long Slalcmclll in there about big box power retail and how it WIS risky and there is a shake~t coming. Ms. Habenicht thought that she would want to make note or that and make sure everybody saw it. She said when she went to look back in the packet Council did not get that one. She said Council got something called the Scranton proposal which was clone in 1989 in Pennsylvania. She wanted Council to be copied the Stanton proposal which is more recent. Council Member Hathaway said she doesn't nca:aarily want to be copied. that she would prd'er that it be made part or the packet that is being passed among Council. She said as long as she has them available tomorrow night as they are discussing things with Clarion she will be fine . She said all it is doing is showing their scope of work which they out laid in the proposal they gave Council already. 3. She thanked Council for supporting her trip to CML. She said like Mayor Burns said she thinks it is important, that probably a lot or the work that wc have been able to do with RTD has been through a lot of the connections that the Council has been able to develop through attending those kinds or things. ' ..... ,,, - I • • 0 , - - Ea&leweed City c-11 May6.1"6 .... '· • • t• • ... She sugelled lhat any odler Council member that can Ft away and do mmdhing like thal, dull it is really • valid thing to do and very worthwhile . Mayor Burns lllicl yes, that lhcrc has been a lot of communic:alioo bcnwlen lhe odler comaanitiel dull baw helped the City with RID. 13 . City-.,., ...... (a) City Manqer ClaJk recommcodcd that Council meet in cxccutM Rllioll imPWi#ely following the meeting to discuss a real estate matter and lhe real estate maacr is DO( Ciadmlla City . COUNCll. MEMBER HATHAWAY MOVED, AND rr WAS SECONDED, THAT COUNCIL GO INTO EXECIJ11VE SESSION IMMEDIATELY ,OLLOWING THE COUNCIL MErnNG TO DISCUSS A REAL ESTATE MATTER. Motion carried. Ayes: Council Members Hathaway, Vonnittag, Wiggias, Habeaidlt, Wagoaer, Clapp, Bums Nays : None 14. City Atteney'I ..... (a) City Attorney Bl'lllmlall adYiaed tbal end«-1 in Council's l**d is Attorney DiFalco's report regarding Ms. Ollrma 's complaint He lllicl tbal documelll ii a public doa•ment, dull it docs go through a detail through lhe complain( that -filed by Ms. Ollcma. He lllicl be won't go through piece by piece of that complainl became it ii radler ddailed. it ii Iliac ..... He llaled if anyone in lhe public wants a copy they can baw oac. He lllicl lie lllillb lhe CIIIICIUlioa ii radler impoltanl. lhat it did find that tberc-'t a lcpl ClOllflic:l iJM>Md in this, that there ii a polilic:al dilputc that lllould be saolved in the polilic:al -Mr. 8l'IIIZlllall c,om!DNMed lhat Mr. DiFalco did • wry exlelllM .-di pnljecl dill lie lllillb came out wry well . IS . MJ-...... URNSMOVEDTOADIOURN. Tbelllllliag ...... • I0:12p.a. .. I. • 0 - - • • ,~ • Partial Verbatim City Council Meeting May 6, 1996 Agenda Item 7(b), 9(a), and 12(b) 7 (b) Cohn : Bums: Cohn : Bums: Cohn : Bums: Cohn : My name is Linda Cohn, I live at 3051 South Marion Street, I've practiced law in the City of Englewood for about sixteen years. Actually, I echo her frustration, because every time I go to the rec. center my card's expired, or lost or something. But, that isn't why I'm here. I basically have taken a look at this PUD that you are looking at tonight ... Linda, can I interrupt you, I'm sorry . We have a public hearing on the PUD tonight ... I know, I'm not sure I'm going to be able to stay that long so I though I would give you my thoughts, and then if I can stay ... But you' re not speaking in the public hearing, of course, if you speak now . So what does that mean? I'm not sure what impact that has, are all of you not going to listen because I'm speaking out of tum? No, you can speak, I just wanted to remind you you're not in a public hearing if you're speaking now . Okay . I guess what I was struck by in looking at this is just the lack of public input until we get to the very end of the PUC . I think that it: or PUD . A PUD is really when you're talking about rezoning a half acre or more, and when I look at this PUD plan. there is no public input until the very end. We have staff'looking at plans, we have plans being completed, then they go to mning, and I thing we need to have the public input a lot earlier in the process. I guess I'm looking at, partiallarty the Cinderella City redevelopment, and I think that we need to look at what public input is going to be . If Cinderella City would be treated u a PUD I think it is really unfair to the developer u well u to the citizens of the, of Englewood, to not have the public input until we have all of these plans drawn, we have everyone set in what they want to do, and we haven't had an opportunity to talk about what this land is going to be used for . In the PUD, basically, you're able to allow anything that would be allowable anywhere in the City . And I think that we need to look at what impact that has on the different communities around the PUD site and I think that we need to do it earlier in the process, so that developers and owners are not spending great deals of money in doing something that the citiz.ens of ' ,- I· • 0 , '1.'J I - - • • Bums : Cohn: Bums: • . , . . ' • (' Englewood are going to object to . I think we need to have the citiz.en input earlier to protect the citiz.ens as well as to protect the developers. So that everyone knows where we're coming from, everyone knows how to shape these plans and we have City staff doing an awful lot of shaping of these plans and I'm not seeing any citizen input. When I look at the intent part of this statute, on page one of the ordinance, we have several parts of intent . Basically, those are all fine intents, but I don't see anything in here that provides for public input . And I would just ask the City Council to take a look at this, not pass this ordinance tonight, but to wait until the May twentieth date, which is my understanding of when you're supposed to actually pass it, and look at the iuue of how we're going to have citizen input at an earlier part, an earlier point in time . Ifwe look at page three, public input is at the end, page seven, public input is at the end, page eight, public input is at the end, and I guess I just think that Englewood is a small area. We don't have a lot of pieces ofland that this is going to apply to, and we need to really look at how we're going to involve the citizens and allow them some real input. I might say one thing if you're going to leave. We already, we have scheduled four public meetings on Cinderella City which are going to be, occur actually before the formalimd City process proceeds, two this month and two next month, and those will be amounced shortly. They're in our packet, that's about Cinderella City, but I think we can ask the staff to address the question you raised at the public hearing, perhaps, when they make comments initially, too, if you're not able to stay . Thank you very much . Okay . Thank you . 9 (a) -hblic Bearill& Bums: The next item on the agenda has been referred to earlier. We have a public hearing to gather citizen input on propoNd amendmems to the comprehensive zoning ordinance relative to Planned Unit Developments. Hathaway: Your Honor, I move that we open the public hearing concerning Planned Unit Development amendments . Vonnittag: Second . Bums: Please vote . 2 ' . ' .. I . • 0 , --I - - Ellis : Bums : Ellis : Simpson • • (• ·, • All votes have been cast. Let the record show seven ayes . The motion carries . The public hearing is open . Do we have initially staff members to address the Council? Do you affirm to tell the truth, the whole truth, and nothing but the truth in the matter now on hearing before City Council? and Graham : I do . Ellis: Would you please state your names? Simpson : Graham : Bob Simpson, Manager of Neighborhood and Business Development. Marie Graham, Neighborhood Community Coordinator. Mr. Mayor, Counselors, I'm before you tonight with a proposal to amend the Englewood Municipal Code by eliminating the PD provisions and adopting a new Planned Unit Development district. And I'd like to briefly describe for you what that will do for you . The new PUD process will occur in three stages. An applicant who proposes to build a significant project will first contact staff with a description of the project . Staff'will give them an initial response of what , what provisions of Englewood policies, ordinances, design standards, and so forth, apply . After that, the developer can choose whether or not to make a significant commitment of funds by optioning the property or by paying for extensive engineering or architectural designs . In the next state of the process, the applicant would go for the approval of a district plan . A district plan is a rezoning . Unlike the current process. That's one of the main distinctions . You must meet the criteria for a rezoning in order to get the approval ofa diltrict plan . And the district plan becomes the bench mark to measure the re1t of the process by . It establishes the land uses, it establishes the approximate locations of the major uses, the 1CCe11 points. and a whole list of things that are spccifically listed in this ordinance . The third stage is the lite plan stage. At the site plan stage, you'U be getting an even greater level of detail . At that point, the developer has made a commitment to, to do all of the design standards for the buildings, the building facades. the landacape plans, all of the survey work, and, you' re looking at pretty much the fuU set of development plans . The reason it progresses this way is it's intended to mirror what the developer has to do to develop a project . You ltart off with the concept, you get an initial buy-in to the concept, you go to the district plan. If the Planning Commission, through public hearings and City Council approve the district plans, you can proceed with the site plan . Now, it is possible to take the district plan and the site plan through concurrently, they are two separate decisions. You need the approval of 3 ,, - • . .. I· • 0 r ,,,... I - Bums : Graham : Bums: Graham : Simpson : • • • • the land uses first, then you get the approval of the specific, the specifics that are listed in the site plan . So, in the case of a project that wanted to be fast tracked, they would still handle it in the two part process, district plan, site plan, district level of details first, site plan level of details next. We think that this is the tool that gives you significances assurances about the kind of development, and the quality of development, in Englewood . We think this is the tool that Planning Commission needs in order to evaluate the projects. So, in January, we started working with the Planning Commission, and we took them a draft of the ordinance and had two hearings that were devoted to disawing just the planned unit development ordinance. We believe we've addreued all of their concerns and they have supported this bill with a unanimous vote of approval, asking you to consider adopting this ordinance. So, let me clarify what a PUD ordinance does for you, then to just step away from it a little bit. A PUD gives you two things . It describes a process where you get your land 111e and your specific site plans approved, and it describes the submittal requirements . It tells you what level of documentation you need at what stage in the process . What, what we've asked you to do this evening, is to take the public comments and to set a vote, schedule a vote for May 20•, to adopt this that would take effect thirty days after publication . Mark, can you address the question that Linda Cohn raised earlier about when public input occurs and whether her perception that it's very late in the process is accurate. I think there are opportunities to take more public comments if we wanted to insert provisions like that here . Let me first address, though, where the public would have an opportunity to comment in the bill u it's written . At, in each stage of approval beyond the ... planning stage. there is public input . The Planning Conunission hearings on the district plan would include an opportunity for the public to review the plans and comment in public hearing . And then the Council approval of the district plan would also provide another opportunity. The Planning Commission phue of the site plan and the Council phase of the site plan approval would be third and fourth opportunities for public comment . That's ... That's a pretty normal process. That's a significant amount of public comment. One question that comes to mind is how early can you submit a conceptual plan for review when you're still working out whether or not they're meeting the basic standards of the City . May be premature. If.. I might just try to expand on this a little bit. We, we really did work towards a series of goals in the proroolgation of this, this ordinance. One 4 ' ' I. • 0 r ~,,. ., I - - • • ' .. • <. of them most certainly wu to ensure citizen input and, and, Ms. Cohn's comments, I, these are the first time we've heard that and that's real interesting to us. We feel that not only is it a normal process, it actually provides for greater levels of opportunities to talk, because you're Ible to have a series of public hearings with the Planning Conunission and City Council, just u you do today, on all the rezoninp . Becaute of the nature of PUD's, I think you're going to have the opportunity to make, have the developer really engage in a public dialogue with his neighborhoods on this. The only thing that, you know, I might IUgest is if there is really a significant concern, and I'm just thinking here that what nght help is that there would possibly be an oppol1Unity to provide for slighdy more citizen input than you amently have on anything now by requiring the developer to talk with the citizens or the neipborhoods lhal may be affected in advance of acceptance, of an applicllion. You could call it a neighborhood meeting, if you will. But, that would really, lhal would be quite a bit more, and that's not unheard of Burns: You mean u a, that's not unheard of u a fol malimd proce11 or a a ... ? Simpson: It's not unheard ofu a fonnali7.ed process. It would be• additional step above. We were keeping it in line with other similar pnx 11111 here in Englewood, but that would be a possible option that you could consider on this . Habenicht: Where would that go? Waggoner: Prior to the district plan? Graham : Staff would be willing to work out the details of the notification area and insert a provision into this document requiring a neighborhood notification meeting if that's Council's wish. Bums: How do other members of Council feel about this? Habenicht : I think that would be good. Hathaway: I think that would be ... Vorrnittag: That's fine . Wiggins : Standard operating procedure that's going on, I, unless we're having a problem with it, I didn't know we were . s -----~---._ __ _ "' -. ( I . • 0 f --. I - - . ( • • • (, Bums: Well, the question addressed the citizen input issue, and it might be something we'd like to do . The Housing Authority is doing this right now on its plan just north of the office . Simpson: Yes they are, and in some ways, what we're suggesting here is very similar to that process. They're holding that neighborhood meeting on that block. This would mirror that kind of direction . Habenicht: That sounds good . Bums: Ithink it'sa good idea, I... Waggoner: Couldn't you just call that a public review forum, or something like that? Simpson : A neighborhood meeting? Neighborhood meeting requirement? Bums: Also, I have another question about the site plan. As I remember there were different levels of review or of that, depending upon, wu it staff determination of how far that needed to go? Graham : There are some opportunities for t1exibility in the process where if Planning Commission. Planning Commission makes that decision, if Planning Commission decided it wun't necessary for them to review the site plan, they could waive the formal site plan review and request staff: that staff do that part of the review, Brotzman: Wait, let me clarify that . Planning Commission can make a recommendation to Council to waive the site plan review. Council actually does waiving the site plan under the ament one . You have the option of waiving that ... Graham: Of the site. ya, ya, we imagined ... Hathaway : So the final decilion would rat with Planning and Zoning after that they request we would waive it? Brotzman: No, if you waive the site plan review, the site plan would then be reviewed by staff'. Hathaway: Oh. only internal . Oby. Habenicht : Isn't there a public hearing proceu, though, with that site plan review and wouldn't that be taking away another opportunity for the public to review that plan? 6 ' ,, -. ( .... I . • 0 f __ I - - . ( • • I• -' <. Graham : lfyou went for the site plan waiver, it would reduce the number of times it went before the public in a public hearing setting. Burns : Was this anticipated that you may have occasions where you'll have a site plan that is so simple that it just isn't worth spending an awful lot of time going through levels of review? Graham : Yes, and we think that Planning Commission is in the position to malce that kind of decision if they ... Burns: But that, as our City Attorney said, would be a recommendation to Council . Graham : Yes, Simpson : ... recommendation, and Council is the final authority on that. Burns : Is the final decision maker. Simpson : Again, this tool is meant to provide for City Council to able to review a variety of different kinds of applications u they come forward over the years . And there may be, there may be times when you have a project that is so significantly complex that you're going to have to have all levels and not have it concurrent, and have all the public hearings possible . However, there may be times when you have a very simple PUD coming through in which it will be your desire to really facilitate it because it is desirable, but one that is simple and straight forward that you could waive some of these onerous requirements . Burns : Alex . Habenicht : I'd be curious to know, how many PUD's do you expect to go through the City in a year's time? Graham : Not very many, frankly, probably a handful, two, three. There have been, I believe, thirty-nine PD's on the books, and the trigger wu different than it will be for the PUD . But, thirty-nine in a doz.en years or something tilte that. Habenicht : I think at three a year, that it just, I guess that I would always rather err on the fact of having to do something a little bit routinely rather than to take the chance that it might preempt the public's opportunity to participate. I'd like to see that changed . 7 ' - ,. - ' , I . • 0 I - - • I • • • <. Hathaway : This will be on a case by case basis anyway. So you'd always vote on the right to waive it . Bums: Well, the Council makes the decision . Habenicht : I would like to keep that privilege with the public. Simpson : If I could offer one perspective on why that wu put into place. ls there may be situations, again, if you're dealing with a~ straight forward project, and it really is simple cue of yes or no, first of all it's good business practice to make it move forward for the developer. From the standpoint of the citiz.ens, they're going to have an opportunity to express concern, or questions up front as they do now with the rest of the proceu, and third, it allows greater use and efficiency of staff' and Council time . You're not going to be burdened with those extra meetings . In all reality, kind of an administrative, if you will, process that's being brought forward is time consuming. And, that's why you were given that opportunity to make that decision. And that's just, and I won't belabor it, it's just, that's where the reasoning cune from. Hathaway : Dan, ifwe have one that City Council opts to waive the site plan review, and it ends up being turned down by staff, what it the ultimate review? Brotzman: There's a site plan, actually, appeal that's provided in the ordinance. Hathaway : But does it change ifwe waive the site plan review on our end? It doesn't change, the appeal process stays the same whether Council waives that right or not? Brotzman: Right. Burns: Okay. Alex . Habenicht : And then it, the other side of that coin, if it's passed, and there's concern on the part of the public, do they, would they have any, their only appeal would be, would they have any appeal? Brotzman: That would be the request, if you had a concern or the public they would be requesting probably planning and zoning and you on the site plan not to use that process. Habenicht : Okay. Bums: Any other questions or comments at this time? 8 ' .. I· • 0 -• • I• . • ' Graham: Just one other administrative matter, I'd ask that Council take notice of proofofpublication of this matter in the Englewood Herald . Bums: Yes. Al . Vormittag : I don't know if this really pertains to this or not, but the definitions to the words plan and the word concept . You know how we got into a big problem with that earlier, couple months ago? Where, what is a plan and what is a concept? Should that be in here with a definition of what is what? So we don't get overly confuted . Simpson : Very good point. One of the things that's going to be corning out of this process will be a district plan . The district plan, you will find to be a very specific document that outlines what is going in on a property, such as land uses, densities, heights, how many, as Mr. Graham said, it identified locations. It is a very specific kind of document. Far from being conceptual and you will not have a definitional problem because what has been outlined in here is a specific set of criteria that must be met for approval . To be perfectly honest, in planning, planning is not a science, it is kind of a field of art, and, because of that, those kind of terms of concepts and plans are really, probably shouldn't be used as simply as we've thrown them around here recently, because they do create confusion. Why this regulation is so specific is to focus in on the fact that, because we are passing laws that govern the use of that ground, we have to be very specific. And so it does provide for that specificity here. You won't have that question. Vormittag: Okay, this book that you're coming up with, is this something that the City is making up, or is this some, a book that already exists and we're going to be, have it become our policy? Graham : I think I can answer that question . On page Sand 6 of the bill, it lists a number of the things that are required on the district plan, so you can get some idea of how specific we're being. We're asking them, for instance, under number one, to tell us the proposed points of access, we're telling them to tell us what's three hundred feet around the site in all directions. We're asking for topographic data of the existing and proposed development. Locations of all the easements, the location and height of all finished structures on the site, that's relatively specific stuff and it goes on, that's, there are eighteen items in that list that represent the district plan level of information. We ask for a parking plan, locations of the drive isles, the amount of stacking, how they're going to comply with their disabled parking requirements, loading, fire lanes, all dimensioned . It's a very detailed, its a complicated plan even at the district plan level. It gets more so at the site plan level . 9 ' " - • . .. I· • 0 , ~? I -• • Vonnittag: Is this going to be used for Cinderella City? Simpson: Let me answer that in two ways, and I'm just going to follow a little farther on Mr. Graham's comments in that, you called it a book. It probably feels like that to a developer sometimes, but what will happen is their submittal, their application, will come in on a document that list all this information. And so we'll have that on record u a recorded document that will help guide the City, all ofus, in how that land gets developed . And Cinderella City will be required to follow this process . Bums: Alex, you had your hand up? Habenicht: Well, mine takes a little different tack ... Hathaway: I was just going to ask then, if we're now requesting that you have staff draft a way to come up with a neighborhood meeting before acceptance of the application, wouldn't you kind of view that u the conceptual stage, because at that point, they haven't got all of this firm stuff on paper. So I thinlc, in our particular case that's where, we're in the concept stage versus the on paper plan, this is what I'm going to do. Simpson: Yes, that's a good way to characterize it. Bums: Any other comments? We haven't heard from the public yet. Habenicht: I have a question under process on page three, talks about the pre- application review that the staff goes through before the application is made. And there's a statement in there that says no project approval is implied or granted at this early review stage. I guess. I didn't see, you know, I was wondering if, at, if there is any stage within this that a project approval is implied or granted prior to the final approval that Council would give. I guess I'm wondering what that means. Graham: Well let me share this answer with Dan to make sure I'm adequately answer it. The, getting the land uses approved in the district plan gives you the right to go forward with a site plan . And, if you don't pursue that vigilantly, get it done in a couple of years, you lose the district plan rights. It reverts back to the original wning. Does that address your ... Brotzman: I think what this is looking at is, only Council can approve a PUD. And even, and what Mr. Graham is saying is that, even if Council approves a PUD, and doesn't act upon it, so even if they get one and they don't act upon it for a period of years, even that right goes away . 10 ' .. I . • 0 f ~11 v I -• • • <. Habenicht : But something doesn't happen where somebody says well my goodness, they approved me in P and Z , they, you know, the staff approved it and now Council didn't approve it, you know ... Brotzman : No . Habenicht: No. Nothing like that. That's not implying anything, that there's a stake? Brotzman : No . Habenicht : Okay Simpson: We were just simply trying to be very, very clear in all of this that Council is the final approving body, we don't want anybody to have any unclear direction that at any stage the staff or Planning Commission will have that right of approval, it will need to come forward . And that is, and if that creates confusion, we need to reconsider that, but, but it really is meant to just be very straight forward with, with the development, community, the applicant, to make sure that they're very clear on where we're coming from . Habenicht : Maybe it would be helpful to have statement like that at various trigger points in this ordinance so that it's clear all the way through that there is not some approval that they've gained, that means that it's total approval and that might be a good statement to place in different portions of it for that reason . Bums: I think that what the Mayor Pro Tem is getting at a little bit is the concept of vested rights, which we had some bills floating in the legislature this season about that and it: if those, if that kind of legislation was passed, it would, it would sort of superimpose itself over this ordiJwlee, wouldn't it, Dan? Brotzman : In ours, actually, we've designed this to mesh with that legislation that's out there. Hathaway : Is there a way to include that, though, as part of the original language like, perhaps, in the whereas(s)? Is there a way to include that? Brotzman : Sure. Hathaway : Because that would mean that, whereas City Council, you know some way to state that City Council is the ultimate review body, because this, you know in the whereas(s) does state that there is three step process, that II ' ,- .. I . • 0 - - • • • there is all this review criteria, etc ., etc., but nowhere does it say that City Council has the final word . Habenicht: I think it's a good idea . Graham : We can get that added for, in time for the May 20 hearing, if you accept that. Bums: Now, that's a little different issue, I think, than the vested rights. I'm not sure what legislation finally got passed up there but where does the vested rights commonly kick in when that legislation ... Brotzman: And what they did is they, there were actually several bills, one of those basically said soon as you pass it thou shalt not take away . Bums: The Council . Brotzman : Right. Bums : You are talking about the Council . Brotzman: Right, once the Council passes it. There was another one that basically affected our reversion clause and we actually modified our reversion clause . And I am not sure where that bill is . Hathaway: I don't think it's has passed in any form yet . Brotzman : We had a two year reversion clause and that required a three year reversion clause so we substituted in a three year reversion clause so we would mesh with the State legislation . Bums: I see. Okay, but again emphasizing that the action is, Council action is what really triggers it. Brotzman : Right . Bums : Any other place along the way . Habenicht: In the next, in the next statement, it says the PUD District plan, the Planning and Zoning Commission shall make a recommendation to City Council for final action . Does that mean that, that something won't son of end in P and Z at any time, that they have to move it forward . Isn't it in the PD right now something could just sort of not be passed forward by P and , P and Z and so it would just die there and we wouldn't have to deal with it. Is this, is this now something different. 12 ' • .. I . • 0 r 'l'l I -• • • Graham : It, it is mandatory unless an applicant withdrew their application, the Planning and Zoning Commission would need to recommend either for City Council approval or against it. Bums: But if they, if they recommend against the applicant can it try to , can advance it to Council, can't they. Graham : Yes they, a project can advance even with a negative recommendation from the Planning Commission . Hathaway : This would require that even with a negative recommendation from Planning and Zoning that it comes to us anyway . Graham: Um, no, I think they could .. Bums: I don't think so . Graham : .. they could stop the process at that point. They could, we don't have that ... Bums: I don't think you can force an applicant to continue to appeal against their will . Wiggins: ... withdraw at any time . Habenicht : Well then shouldn't that word be may instead of shall then? Brotzman : No, you want, you want the process from the City side to shall, the applicant always has the right not to. They can always withdraw on their side, but ,but you want the City to be forced to process this. And that's what that does, is forcing the process to go forward . Simpson : Planning and Zoning needs to act u a fact finding body for Council so that whether they make a negative denial or a, approval you will have the Findings of Fact if and when an applicant continues forward . So that is why it is a shall. Clapp : I guess I am still confused a little bit u to where the public input, u I read on the same page, page three, one through four, the only por, part that I see where it says public input would be neighborhood organizations on four and it kinda seems like that should be defined a bit, a little bit clearer and that should maybe come up between two and three . 13 '· ' I . . 0 ,-• -•. • l• • -... Simpson : I think that's what we were talking about earlier, that based on Ms. Cohn's comments that we would work to incorporate a neighborhood meeting requirement in, into this early pre-application portion . And that what you do is prior to the City accepting a, an application of a PUD, we would be required, the developer would probably be required to hold a neighborhood meeting and find out that public input, as Council Member Hathaway had mentioned a kind of a conceptual stage . And, and so that would, that would be something we'll put in here, it isn't there tonight, but we will put it in . Clapp : But why would the developer do that and not. .. Simpson : City staff will be in attendance to take and listen to that input, but it is going to be the requirement that that developer present the concept if you .. will . Habenicht : So they'd sort of pay for it? Hathaway: Yeh, it would be on their money, instead of ours at that point, because they haven't even applied to us at that point to proceed further with the development . Simpson : In a real simple way you could look at it as going out into the neighborhood, we would make sure that a proper notification occurred . I mean we 're going to have to work out the full details but, ... Habenicht : Okay . Simpson : ... but we'll make sure a proper notification occurs in accordance with everything else that's, we've put into place in this document. But, but from that notification the developer needs to say this is what I am proposing in your neighborhood, I'm, I would like to do a rezoning and this is what it is going to be and the neighborhood can say we like it or we think you should change it or we think you need to go away . And we'll hear that and again the developer will have that opportunity at that time to say , okay , well this is going to be a tough battle, I will go away or I think I can adjust to the requirements that they've kind of in ... said, and I'll come forward or everything's wonderful and I'll be happy and we'll make a nice • little family here out of this neighborhood . So it's an opportunity to find out that input at a very early stage . We haven't included, we didn't think about that ... again we were keeping it very much uniform with what current processes we have today . Bums: I think the other thing we shouldn 't lose sight of This ordinance requires, I for instance, the Planning and Zoning Commission shall formally consider • • 14 0 ' • .. f ~?x i -• • • '· the district plan at a public hearing . Anytime you have a public hearing you have citizen input. Simpson: Absolutely . Bums: When you have these meeting of Planning Commission and City Council they always are subject to citizen input, that is why they're public hearings . Habenicht : Can this, can this kind of PUD, like a half acre or more, can that be something that could be done in an R-1-A zone for example . Graham: This ordinance doesn't make any distinctions between any of the ordinances. You could build R-1-A type PUD's in, and, and request that that go in an R-1-A neighborhood . What, what you have to consider is that it still has to meet all of the requirements for rezoning and typically those are things like a major change in the infrastructure, a change in adjacent land use, other, other chang .. , major changes to the City are still the criteria for adopting any rezoning . So, you, it's this ordinance as a zone district and it's all of the regulations that govern any rezoning together, that make up the PUD process . Habenicht : I guess I'm, I guess wha .. , what's giving me some concern and maybe it's just, I just need to be reassured, is on page three when it says permitted uses, the PUD district plan shall permit any use which is permitted, a permitted use in any zone district of the City . Simpson: The goal here really comes down to again that this is meant to allow the City of Englewood the opportunity to review applications u they come forward . I don't believe that any ofus are, are so omnipotent that we know what's going to happen in the next 30 to SO years . There may be housing types or housing opportunities or commercial types or c:ommercial opportunities out there that may be entirely appropriate . But what this does, this, this piece of legislation allows is the opportunity to make that request. We don't have to approve a request, but it allows IOllle penon to make a request, to come forward and say I've got, I've got an idea, whether it's an R-1-A or B-2 or an 1-1 is, is not the point . But what it is, is you can come forward with, with an idea for a land use at a location that may have not been permitted otherwise in our zoning ordinance. And it allows for, it allows for flexibility and creativity, but again it only allows that flexibility within the context of the public review process, citizen input and finally Council review . And, and there are many, many, many safeguards and we've, we've put another one into place tonight and, and I feel really confident that you are going to have that public review ability . IS ' .... • I . • 0 - - • \ • '· Graham : I'm going to add to that that typically what you think about in this process is that is gives you the tools to address your concerns. It gives the Planning Commission a chance to recognize a potential impact and to request that the developer respond to that impact by designing some sort of mitigation strategy. We don't currently have that, this, this kind of tool on the books to, to give them the ability to say no I think that impacts too much, you need to add this kind of feature to the project to mitigate that impact . Habenicht: I, .. Bums: Yes Alex . Habenicht : I guess then I, I still have a little bit of concern then with, if you 're only expecting to see two or three of these come through a year. If say for example something might come through on an R-1-A District .... you know we had a lot of, a lot of concerns with changes we were trying to make there and the people really, you know, were coming forward quite a bit and sometimes it takes time for the people to catch on to somethings happening . You know the word doesn't get around even though we try it four and five and different ways. I guess I'd like to still keep that process go one, two, three and that site plan might be something that we give authori7.ation somewhere down the line for some City Council to write a blank check when it might be something that the, that the community might want to come back and look at. And I guess I'd like to see that, that site plan just have to go through each time. I don't think it's ........ Bums: I don't. I don't agree. I just think we've got enough flexibility in here that we .can.... I saw in the, on, I think I saw in here earlier the requirements for the normal zoning change we were talking about, like the change circumstances and, and ah compliance with comprehensive plan and those sort of things, I can't seem to see that in here right now . Is that wr ...... . Simpson: It, it that criteria is set forth within the standards that apply to all rezonings. Bums: ... all rezonings and ..... Simpson : ... and it's, it 's in the very beginning of that Chapter. And this, this, it applies to all of this . Bums: Yeh, okay ... I understand what you are saying. I think that is in your memo IIOllleplace, but I, I um ..... in other words you would have to make those showings before you would get any change of, of zoning use . Simpson : That'll be part of the Findings of Fact . 16 I. • 0 f __ I • . ' -•. • •, • Bums: l , I think that, is the Findings of Fact required by the, the Planning Commission?. That's in this ordinance though, isn't it. Simpson : Yes . WiSBins : Your honor, Mr. Waggoner has a question . Burns : Oh, sony. Waggoner : To follow through a little bit with Alex's concern on paragraph d, on page three, permitted uses . If I am reading that correctly this would allow a developer to purchue five, six, seven or eight homes in the R-1-A z.one district and if everything were approved by City Council, to place in those, .. on those lots a little shopping complex . Is that correct? Simpson : The potential is certainly there, yes . But I would offer the alternative view, because I think it's necessary to consider. If five or six homes were bought the potential is also there to create something that's residential in character, as it would meet the consistency requirement with the comprehensive plan that may have otherwise not been permitted or that we have not considered today and that may very well fit beautifully into that neighborhood . I would think that what you are describing would be more likely be called a spot z.oning and would therefore not be permitted . Certainly not recommended by staff. Waggoner: But these wise old owls sitting up here could definitely approve it, right? Simpson : But that's why I, why we count on you so strongly, because you are wise. Wiggins : And old . Waggoner: Clyde, you didn't say that did you? Wiggins : Getting older as this is going on here tonight, we haven't got into the hearing . Vormittag : We're about two hours older now . Bums: We, we've still haven't allowed any input by the citiz.ens in this hearing . Clapp : I just have one other quick question . Is there is a potential on that particular one to open up the door to a lot of zoning variances coming "' before Council? I • • • 17 0 ' , "' -• -•. 0 , . • <. ... Graham : I wanta, want to say first off a variance is a very specific term as it's used related to zoning, which is conceptually different than rezoning . I think the question you're asking is does this open the door to many rezonings Clapp : Um, hum . Graham : ... would that? Clapp : Yeah. Graham: Okay . I think this would be staW s preferred zone district in any instance of a very complex request because it gives us more tools to address concerns than any of the other zone districts on the book . That is to say we get to .. see more of the information in a more predictable way . There haven't been very many rezonings in Englewood since the current map was adopted and because Englewood is largely buik out, I don't foresee a lot of rezoning requests in the future . There are a couple of significant sites that we are all aware of, some made available by Santa Fe construction, the Cinderella City site, potentially some on South Broadway . Those are the ones that I think we're mainly aware of right now . Large sites, several acres would be the most likely candidates for PUD zone, zoning and people that are currently building duplexes would never go through this process, it's a lot ofwork. Simpson : To, to further discuss that just a little bit, I agree with everything Mr. Graham said . This allows the City of Englewood the ability to deal with a variety of complex issues in a much more thoughtful, comprehensive manner . But, but to address you're issue directly, it will be very costly and time consuming for the average developer to come through with this process and it will be very unlikely to see that many. Unless, unless, this can be applied to the difficult issues that are out there . And we think that there are some difficult issues and properties located within Englewood and you're going to see some of them over the next few years . Certainly, Cinderella City comes to mind right off, but that is not the only one. You have redevelopment potential along South Santa Fe that is going to continue to be a necessary area to focus on and to consider. We are currently considering South Broadway and there may be some real opportunities to use some of this creative ability to look at land use along • that stretch. possibly . There will be a development opportunity at General Iron someday and we believe that it may have a real application there . We just believe that it will not be applied, in a, in a haphazard manner, but really rather focused toward those areas that are most in need of focusing on those complex issues . Bums: Alex . I • • 18 0 ' - - • • • C, Habenicht : I wu just curious. From the point of filing the application, where they pay that fee, to final approval ... what's the tightest timeframe that something could be worked through this process? Graham : Um, there are two scenarios . The consec:utive proceu, the soquential process and a concunent proceu. Given Council's ament requirements for requesting a public hearing and the publation requirements it takes about six months to set through a Council process . We, we started in Jamary with this in front of Planning Commission and the earliest this can be affective if you M:c:ept the May ~ date is June 2~ approximately. The same proceu is necessary for a rezoning . So right now, six months if it's concurrent and twice that if it's consecutive. Um, the other element to add is it depends a lot in the development process on how responsive the developer is to staff comments and how long staff takes to respond. Assuming a pretty optinaun response of a couple weeks for staff to respond, a couple weeks for the engineer's developer, engineer architect, whoever is doing the rapome ... if you have to go through very many cycles of that. you add months to the process . Habenicht : The other question that I have is with the concurrent, if you move the design and the site plan proceu concurraitly ... Graham : Yes . The district and the site plan . Habenicht : Thank you. The district and the site plan conc:umntly, add the hypothetical situation that you could have public input just on the, on the distric:t plan and but not on the lite plan? Graham : No, conceplUally you would take conments on the dilbict plan and conments on the lite plan It the Plannins Commission and aa the Council meeting. So you would, you would be taking conments on two Npll'&te iaua, and they would vote aeparately and you would vote .,...rely on .... Habenicht : But you, but Council could opt to say we don't want to take lite plan comments? Graham : Um, .... Habenicht: That's going to be a staff thing? No? Simpson : No . Graham : No . 19 . . 'I .. I. • 0 -• • • (. Habenicht: So that's only, the site plan thing only kick's in ifit is sequential, not ifit is concurrent? Graham : Yeah, ... I think what you 're asking is could, could you be getting, could Planning Commission review a site plan and a district plan at their first meeting and recommend that you waive the site plan review, then you would only take comments on the district plan . Yes you, if you accepted their recommendation to waive the site plan, certainly you could do that. Bums: But, before we'd make a determination of whether to waive it we would have an opportunity for public comment . Simpson : Bums : Celva : Ellis : Celva : Ellis: Celva : Ellis : Bums : Celva : Right . That is correct. Any other questions of staff at this point. If anyone in the audience wishes to comment further this is an open public hearing and the purpose is to solicit comments in addition to staff from anyone who would like to make any comment who is in attendance. So if anybody would like to do that would you please step forward . Mr. name is Harold Celva, I am with the Downtown Development Authority here, Harold, I need to swear you in . Sorry about that . Do you affirm to tell the truth, the whole truth and nothing but the truth on this matter now on hearing before City Council? I do . Would you state your name . Would you state your address please . Harold Celva, 3333 South Bannock, Englewood . I have a question and one suggestion . My question regards the public input . I go very much along with Ms. Cohn's comments on that . It's well and good to have the public input. But we have here somewhat of a nebulous, undefined process for public notification . The DRT is also responsible for referrals u appropriate . I think the PD ordinance that was, is to be repealed and I think PUD ordimnces in other local jurisdictions, we have posting. And I think that ah, that it's ave, it's one additional form of public notification, 20 ' "' - .. .; I . • 0 , ,,,_ • . ' - • (. - where the property is posted for a specific number of days prior to a hearing, public hearing . I don't see that . Bums : I think that, that's not cut out is it, by this ordinance? Graham : That, that requirement comes out of the rezoning requirements rather than this specific district requirement, so it would still be a requirement. Bums : That's still, still in effect . Celva : So it is there.. That wu my question . Thank you . The other suggestion would be that I would like to see something in the verbiage, where we are talking about specifics of the buildings, such u on page ten paragraph F. Where we are talking about gross floor areas. finished floor elevations, .. heights, etc .... I would like to see some more detail in relation to building materials if possible . Thank you. Burns : Thank you. Just a mimrte . Does anyone else wish to speak? Al . Vormittag: Well I wu just going to say could we add something like that into this? Bums : Well I don't know ifit is appropriate to put building materials into what is essentially a zoning ordinance. Simpson : Well in all actuality ... Burns : Or to what extent. Simpson : ..... we, we believe we have addreaed that in the sense o( on item q we disamed other elements IUCh u architectural con, concepts, building elevations, facade treatments, exterior building materials u neceaary to establish how the propoled PUD and so on . It wu our, our goal and expectation that with the PUD that you would have the opportunity to review those desired kind of qualities of urban design. It is a personal thing with me also and so I would be certain that that would be coming forward . Burns : Alex . • Habenicht : I wu also .... could, could the City Attorney tell us, just for my clarification of where that notification, that posting notification is . Brotzman : That will be at the beginning of the zoning ordinance, it, it's in the Comprehensive Zoning Ordinance so it will be Title 16 . • Habenicht : So it 's, it, that's not being repealed in any way . I • • 21 0 - - • • • <, Brotzman : No. No. Habenicht: That's required on any, so it would be required on any PUD? Brotzman : Right .... or on any public hearing, ... Bums: On any rezoning . Simpson : On any rezoning. Brotzman : .... on any rezoning . Simpson : As we stated earlier there is a aeries of findings ... Habenicht : Okay. Okay . Simpson : . . . .. that have to be made, but in addition to that there is a process that is outlined that requires posting. notification and that is all in place and has not been adjusted with this . Burns : Any other questions or comments by staffl Waggoner : I move public hearing cease . V onnittag: Second. Bums : Second, moved ..... we dole the public hmriaa, pleue vote. Ellis : All votes have been cast. Let the record lhow 1eYe11 ayes. Bums : The public hearing is closed . 22 .. . . •. .. I. . 0 - - • • I• • 12 (b) Wiggins : The other thing, Your Honor, I'm wondering why I'm getting so much stuff in the mail here, study session notes from April first, April eighth, April fifteenth, April twenty-second, here . I understand why we'd get the twenty-ninth, but why ue we getting all this extra study session notes? Just why all this is coming .... Bums: I think they were requested by Council Member Habenicht, it that right? Habenicht: No . Bums: ls that yours? Habenicht : No ... Burns: No? Habenicht : The notes had never been, you know, we haven't been receiving study session notes ... Wiggins: We haven't? Hathaway: Yeah, we have. Habenicht : ... since April first. Hathaway : ... we've been getting, oh ... Wiggins : I get them in my packet all the time . Bums: I get them all the time . Hathaway: You mean we were just behind? Where's Sue? Habenicht: No, we've been receiving them but they hadn't been completed yet. Wiggins : They hadn't been completed? You mean this form u they come out here, this is not completed? Hathaway: So we didn't, .... yeah we .... Wiggins : Is this what you're talking about? 23 ' . ' •. I . • 0 t "' I -• • t• . • ' ... Vormittag: Well, let Doug do his research and find out what ... Wiggins : I'm at a loss u to why we're getting these . Vormittag : I noticc,d that, too, how many, we got so many of them. Wiggins : I'm kind of getting the impression that we're getting in on an investigation by Mrs. Habenicht on everything that is going on over here It Cinderella City . And, the duplication of all this paperwork, if she's going to run a private investigation into everything that's going on, well give her the paperwork, but I don't want to lee it . We gotta come to an end on that stuff That's all I have, Your Honor. Habenicht: Your Honor? I'd like to comment that, u a matter of fact I had asked for certain copies of study session minutes and they were forwarded to me, and when I, when I asked for them I wu told by Sue that she hadn't completed all the minutes in the April meetings yet. So I think that we have not received these yet, I think this is the first time we've received these April, these April study session minutes . Bums: Okay, fine . Lauri . Clapp : Yeah, tonight I would like to move that all of the public process be completed in regards to the Cinderella City development before defining any tenant mix . Habenicht : I second. Bums : Do we have any qualions Coun ... we talked about this in one of our meetings recently and, were we in executive session when we talked about this? Clapp : We did, this is ... Hathaway : Yes. Clapp : This wu lut week and it wu IOl1ledling that we had kind of agreed upon, and, in talking with people in the community, they would like some auurance, and I don't aee u that would be any problem. Wiggins : Could you repeat the motion again, please . Clapp : The motion was that all of the Cinderella City process, public input process, be completed prior to defining any tenant mix . 24 ' "'~ .. I· • 0 l I -• • • Hathaway : You're referring to the scheduled public, ... Clapp : Yes . Hathaway : ... because, public input's also going to continue when the PUD starts, so ... Clapp : Correct . I'm talking about the scheduled ... Waggoner : Four, four meetings . Clapp : Yes, the four meetings, to be specific. Bums: Second? Hatt.away: Alex already did . Waggoner : Second, ... Bums : Oh, I'm sorry. Waggoner : Alex seconded. Bums : Alex seconded. Please vote . Ellis: All votes have been cast. Let the record show six ayes and one nay, the one nay being Council Member Wiggins . Clapp : The next thing on my list is the request that I have made in regards to numbers for the Cinderella City . I did receive an appraisal that I requested back in March . And looking at that, that is a ninety-three appnilal . And I'm wondering at this point ifwe shouldn't be loolcing at getting a new appraisal based on bare land . Just seems to me that ninety-three is an awful old appraisal. You wouldn't NII you home hued on ninety-three figures, why would you be looking at a ninety-three appnilal to be building into our development there? Burns : Well, I mean, a lot of things changed on that site since ninety-three ... Clapp : Yeah . 2S ' ,, -. ' .. I . • 0 f ~,.. ,, I • ~~ -• ~ • . • ' - Bums: ... in terms of its occupancy. I don't know. Hathaway: It depends on what basis you're using for the appraisal, too ... Bums: Yeah, I know ... Hathaway: ... also as whether you're using best possal,le use, whether you're using comparables, whether you're using surroundings, you know ... Clapp: I think something based on bare land value. Hathaway: Yeah. But what I'm saying is, whatever that one was based on could be a totally different situation now anyway. .. Clapp : I, that ... Hathaway: Because if it was based on comparables in the area of shopping centers, if it was based on best possible use of that particular site, I'm not sure what the ninety-three one was based on. Burns: I'm not either, and I, is there some natural process here. Doug, that we will go through to get one anyway, or? Hathaway : Or is it a moot point if, in essence, it's being handed over to us and then turning around over to a developer? In other words, we need to know what that base value is, but is there a tangible value in it at all, when all you're doing is flipping it over? Burns: Well, I don't know that that would change anything, Rita, u far u its basic value ... Wiggins : Then, what would we do, knowing the value? Hathaway : Yeah. Wiggins: Where would we go with it? • Hathaway : Would the value change anything u far u the development is concerned? I'm not sure it would. When you're just flipping it from one party to another, and we're just the mediator. Clapp : It might significantly change it and it might significantly change the negotiations ifwe find out we're not in the ballpark . I • • 26 0 ' ------~ l -.. I - • • • • ~ • ' .. Hathaway : Okay. Clapp: I'm trying to do my own feasibility, I need to know in my mind that this is the right thing to do as far as the negotiations part with Skip. Now I don't think, you know, we're there yet on the contracts. We're working on them and I want to make sure that the numbers are all right before I go forward with it. I would like to have a land appraisal, a basic raw land appraisal, based on today's value, not a ninety-three value. I think that's significant. Bums: Alex . Habenicht : Could it be done upon the same basis that the prior one was done in 1993, and then that way it would be a consistent thing to be able to compare one to the other. Hathaway: Yeah, apples to apples. Habenicht : Based on, I think it, I think it contained market analysis, it contained, you know, what, comp ... I think what you say, comparable news ... Hathaway: I think it was done on comparables, but I'm not, I don't honestly remember. Habenicht : ... kind of thing. It make sense to me . Vormittag: Are you making a motion, Lauri? Waggoner: Why would you, why would you appraise it on bare, raw land, though, why don't you appraise it for highest and best use? Hathaway : Well, I think the comparable one was done the comparable usage, in other words, you know, it was a combination of highest and best use of comparable land of that size, in the metro area . Waggoner: Yeah, I didn't look at it that close. Hathaway : But if that's not what it was based on, it isn't going to do any good to do one like that now, but I don't know, we'd have to check . Clapp: Well, kind of, what I was getting at last week and what I'm still trying to get at is basically finding out what it's worth, what the developer is sinking into that land as opposed to what ... .I'm trying to do the balance, I'm trying to make sure that we're in the ballpark. That we're getting the best value for that that we can possibly get. 27 ' ' ,. - I . • 0 I ~?')( I • . . - • '· - Hathaway : You mean as far as development is concerned? Clapp : Yes, as far as everything . Hathaway : Because, see, he's not sinking money into raw land, that's what I was trying to say ... Clapp : No ... at the end ... Hathaway : ... because we're flipping it, but you're talking, what he ends up with at the end , is it going to be worth it to the City for what we gave up . Clapp : . . . that's where I was going with it, the demolition, the in ... .. Bums: Well, the City doesn't own this site, except for the parking, at this point ... Hathaway: But still , that's a significant part ofa piece of land . Bums : But we're facilitating it . Vonnittag : But we are going to own it all . Clark : My only area of confulion is how do you pt it to the bare land 1tage, C8UIC it' I not bare land IIOW . Now, the ninety-three appraisal took into account the fact that thin wwe building inlprovemelU there. But ... Clapp : You take in~ die #wviliM, die-. value, you lllbtract demolilion, you ....................... thme numbers, should wort._. you....,«--, willl a W .,.t. Clark : Sothe1pp1 ,ifwe,O•Wi · I NpOl't, dlll lhould include the demolilioe COil, or...., il - Clapp : No, it lhouldn't . Clark : ... that there 's IIOdlilw thin. and there's jUlt bare land? Clapp : I think what Alex wu ..... It, I think that's a good point, comparing • apples to apples is IO()CI. and we can go &om there . Habenicht : I think I have a copy with me . Clapp : You know, we want a, we want a value ... ., • I • • 28 0 ' - - • • • Hathaway : In other words, what would it have been worth if they'd done the ninety- three appraisal based on that there were no improvements on it? And, she's right . If you take what that appraisal was, and schedule in what it 's going to cost to demolish and what they can get back on salvage, theoretically, you ought to be able to come up with a number that would closely represent, in ninety-six dollars, what it would have been in ninety- three had it been a scraped site. Bums: Well, I'm still not sure you're tallcing about the same thing. Are you talking about cranking in the appra, the demolition costs, or not? Clapp : What you do is you take the appraisal value and you start taking all of the other factors, whether it be a plus or a negative and you come up with a ballpark figure . And that should give you a good idea of whether you're getting good value out of your negotiations. Hathaway: In other words, if the value of the property ends up being, say for example, fifteen million dollars, and you don't end up getting that intangible value of improvements on that property, once Skip is done, or whoever is done, then the City has not realized any net increase in value of that property to us . Clapp: Or it could even go in the hole, or it could be, you know, way, the other way in our favor, I mean, I don't know, I don't have any idea . Hathaway : But see the, the only problem with that particular philosophy, though, is that you're only basing it on property tax appraisal value . And what the City would realize on that particular value . You're not realmng what you would be getting in, for all those other taxes and other intangll,le values that you can't put into an appraisal . Uke sales and use tax, and that sort of thing, I don't know . You know, I'm not sure the number's going to be a valid number to use for anything. Bums: I'm still not sure this gets us any place, because the title transfers from Equitable to the developer, the City really doesn't hold title to that . And, the one scenario was that the tide would go directly from Equitable to the developer. So, I'm not sure this tells you anything. Habenicht : Well , I think it's appropriate to have the appraisal, and to have a more current appraisal, and I think it could be done in the same, in the same way that this one done, this one did give appraisal, which had an estimated value given for bare land . This appraisal makes the assumption that the site is entirely cleared and ready for new retail development. Hathaway : Which one are you reading from, the ninety-three? 29 ' .. I . • 0 , - - • • • • (. Habenicht: And it was, I think that, you know, that it makes perfectly good sense to see what changes there might have been . Are you, are you moving? Bums: I'm not sure it makes any sense at all. Wiggins : I don't either. Hathaway : Question is, who's going to pay for it? You know . Clapp : We don't have money to get an appraisal on the, on ... Hathaway : I'm just asking . Are you suggesting that the City initiate ... Clapp : Yeah, the City should, should ... Hathaway : ... Doug to pay for an appraisal of this particular property? Clapp : Yeah, I think we, you know, this comes up to, you know, is this, are we getting our money's worth out of there. Yeah, we don't own the foot print, however, you know, we are taking some risks on this, we are putting moneys into it and we need to make sure we are getting the most out of this development, and I think that's just part of doing good business, understanding the numbers and understanding what you're dealing with . It's really all I'm asking for. Burns : Well, I, I feel some under current here to contnle to undercut the development we've been working on, but, all this time, and I, I, again, I'm not sure this gets us anyplace . Hathaway : Well is this, what I'm asking is this an official motion to direct Doug to do an appraisal on ... Clapp : Yes . Hathaway : ... the Cinderella City property? Clapp : Yes . Hathaway : Malte it in the form of a motion and we can vote it up or down . Clapp : Wiggins : Okay, I'd like to move that this Council does an official, updated, ninety- six appraisal hued on raw land at the Cinderella City site. This Council? 30 ' .., I. • 0 l --I • -. , . • '· Clapp : Or, or, staff, Doug. Vormittag: Well... Hathaway: Direct Doug. Habenicht: Second . Bums: Any other disausion? Vormittag: ls that, that aU we want, is just bare land? Clapp: Mm,hmm. ... Waggoner: I don't know how you split out what we own and what somebody else owns is the problem. Clark: I'm not sure about the appraisal basis, and I'd want to taUc to the appraisal company first and then outline what the basis, became it's bare land to be developed for what? That, that's, that's the only area I'm hung up on. Waggoner: Yeah, actually, Equitable owns the air rights, and we only own to a point twelve feet, or ten feet, above an X on the lidewalk over there . Clark : Help me out on this. BuicaUy you want a number for bare land, and then you want to compare it with a number on the demolition? Clapp: No, not nccessarily, I want a number for bare land, I want to 1ee wllll Skip is putting into this land, and hued on that, I can come up widl whllha-or not we're getting good value here. In ocher words, iflle'1 aat ...... hardly anything into this in comparilon to wllll die ...-value is, .._ I think ... Bums: But, what I'm getting ... how can we live value for IOfftlfhiNI we h 't own? Clark : Well, we can put a value on it, the pd,lena is, ii what are we wluila, • which pieces, became he'11Uppoaed to .. the footprint, and then wllll is the basis of the appraiul? It, bare land, bul hue land for ... Wiggins: For what? Clarie : For four to five hundred thousand square feet of retail? I • • 31 0 ' I .,,,~ I #' ~ • -• . • -~ Burns: I guess, that's, that's right. That's 400,000 square feet of retail and entertainment . Clapp : But basically, we're handing it to Skip to develop, so I'm, I guess I'm having a hard time understanding why it would not be significant . Clark : I, what I'm trying to figure out is where you factor in the demolition cost to get it to bare land, because we can do an appraisal for bare land. We'll go get an appraisal for bare land . How do you get it to bare land, and then at what po, and do you then compare those numbers with the bare land numbers, or how do those get factored in? Clapp : If you have demolition costs, and salvage costs I think you can add what he's sinking into the property, and ... .. Waggoner: Okay. Clapp: ... compare it to what it's worth and see if we're in the ball park there . Burns: Yes, Alex ... Waggoner: We don't, we don't own Equitable or Mercantile. Clapp: No, but we do have a vested interest, and I think if, if, if those numbers are not in the ballpark then that should be of concern. Why aren't they? Burns: I don't know what the ballpark is, what do you mean by a ballpark? Clapp: If your developer is not sinking in that nuch money , er, I want to see, he's not, basically, buying it from us, or from Equitable. So it would be significant to know what it is worth and what he is putting into it. Burns: Well, what he gets back, Lauri, is a certain percentage of return on his invested capital . His, his development budget is now forty-two million dollars. How that figures in. u far u land value and that, you have to look at the entire picture of what his invested capital and what he, what he gets back on it, not just ilOlating out the site and talking about bare land . I don't think that's going to tell you that nuch. Yes, Alex . • Habenicht : I think, in 1993, it seemed prudent and wile to get an appraiu1 of that site . The appraisal of that site WU, when, when Council Member Clapp uked for an appraisal of the site, this is what wu presented. It wu done hued on bare land, based on the 1993 market. I think it's well within .I reasonableness, and u she said, being responsible to know what it is that I • we're dealing with ifwe have an appraisal now. I don't see any problem • • 32 0 , • - -.. • • with how you have to say I, it was done, they were able to do it, they were able to do it on bare land, and they were able to do it and this is a way that we could have an, a comparison, to know what the value of the bare land is now as compared to what it was in 1993 . I don't see that there's a problem with that, I think it's only wise and prudent. Waggoner: Do we want the fifty point eight three acres, though, that was, as a comparison to that? Hathaway: Done in that. Habenicht: I think it should be compared just exactly and directly to that. I don't know if you all read this, I read it in its entirety, and I thought, well, it would be interesting to lee what this would be now. Clark : The, the ... Habenicht : I agree with Lauri . Clarie As I remember, the appraisal report put a market value on the site at like seven and a half million dollars. Is that correct? Habenicht : Mmm, hmm . Clark : Okay. Hathaway : And that's for the full fifty point eight three acres? Bums : Yeah . Hathaway : Is it not? That 's for the whole property? Bums : Right . It 's for the whole property. Clark : But that was as is. Habenicht : Excuse me . I'm noticing that there seems to be some dilCOlllfort on the part of the City Attorney . I guess I'd like to hear what he has to say. Brotzman : I'm looking, if we're doing appraisals, and we're appraising other people's property, I really don't think we should be disclosing the munben that, for the price of somebody else's property. If ... Hathaway: Even if it's a ninety-three number? 33 ' I . • 0 f __ I • - • t~ • ,. Brotzman: lfl was Equitable, I don't think I would be real comfortable with us appraising what they own. You know ... Hathaway: Oh, I understand it ... Brotzman: ... we could disaass it among ourselves, we could use our numbers for what value they have. I think, they're in litigation right now over taxes and what their property's worth. Hathaway: Right. Brotzman: Let's not do another, you know, lets not go down that road, if we're going to do an appraisal, I think we do one for the City. I think it: if it's valuable .. to know what that property's worth, that's fine, I don't think we want to get in a fight with Equitable by disclosing what we think their property's worth . Clark : The only thing I wanted to say on an appraisal, an appraisal is a, is an educated ... Hathaway: Guess? Clarie Well, I don't want to say guess, but it's an educated on market value. That appraisal in ninety-three set a market value. No on has come along and paid that market value. So is the appraisal valid or not valid? An appraisal is only validated until a buyer and seller get together on a, on a price, so, so that, you know, that ... Clapp : And that's also based on compll'lbles, and that type of thing . lfyou put your house on the market, its based on comparables and the market place in your area, u well u just, they have guidelines that they go by on things like that that are ltandardii.ed . Hathaway : But I think the diff'aa...e is that you own your house. We don't own this partiaJlar property. Habenicht : We c:enainly own parts of it . • Hathaway: We own puts ofit. Waggoner: You could still get an appraisal on the whole property, depending upon what you want appraised. You've got to have some definition of the, of the area that you want to have appraised . Whether that includes the strip .... along 28S , or what it might be, because, u near u I know, there isn't fifty I point eight three acres there under today's circumstances. • • 34 0 ' - .. • • • <. ... Hathaway: I think that also included that north area parking lot that was under a separate lease hold .... Waggoner: Yeah, I really don't know what the fifty point eight three ... Hathaway: ... to somebody else, and it's always been maintained as a separate lease hold, so you can't even include that. Waggoner: What I was told is there was about forty acres, I think was the figure . But you can certainly get an appraisal on raw land, or raw land value for a specific area . Vonnittag How much did that appraisal cost? Clarie : I don't know. And that was a preliminary appraisal report we haven't been able to find . Pam Pepper ordered that report out and I don't know ... Vonnittag: I mean, you wouldn't want to pay much more that what that one would cost to do this. Burns: Several thousand dollars, it's got to be. Waggoner: Oh, this is, yeah, I don't know what else went with this, but this ... Hathaway : It was quick and dirty, but it cost money. Waggoner: This was not, what they have here is not a very extensive survey . Or, I mean. appraisal . lfthat, if you're looking for a good survey, er, a good appraisal, that was. what you have in those few papers there is not a significant appraisal. Burns : How long would it take to get the appraisal if we ordered one? Clarie : I'd want to have the appraisal lay out a scope and the appraisal basis, and then have agreement in Council on that, so, became, I'm not IUl'e what basis it uted, so we're going to have to have the, lay out the ilale to the appraiser. And say, look, you know, we're getting this down to bare land, and the assumption of four t.mdred to five t.mdred thousand aquare feet of retail . And, now, is that all you need, or is there any other kind ofbuis that you need? And then bring that back to Council, make IUl'e that everybody is on the same page as far as the scope is, then let them go out and do their appraisal . JS ' -~----- .. I . . 0 • -•. • • <. - ., Bums: Well, I'm conccmcd that ifwc get into contract negotiations with the developer after the public process and we're in the middle ofthat, and we're still waiting for this appraisal, is that going to hang up the contract negotiations? Clark: Well, we'll give it the utmost priority. You know, we'll start on it first thing in the morning, if the Council so desires. Bums: But, what you want to do is come back with a scope of work so we can decide on exactly what we want. Clark: Yeah, because we don't quite how the appraisal business, so we want to make sure everybody understands what is the exact appraisal basis being .. used, and then they go out and do that. Burns: Yes . Habenicht : However you have to say that, I think it's important that the appraisal makes the assumption that the, that the site is entirely cleared and ready for new retail dewlop11e.111t, or ready for new development. Clark : Or, the other option is just give them the 1993 sur, appraisal and say here, update this . Ute the smne buis . Habenicht : y cah, that would ... Bums: That may be the euiat thing to do, just to get it done. Clark : I mean, that would be a quick and dirty, but ... Waggoner: That'd be the wtal way . updale the comparablcs. Burns : I'd favor that, if that's what we're going to do, cause I think that we're going to get into so nub time here. that ... Clark : My only concern, you know, is if they've placed the value in 1993 on it and nobody, you know, if one accepts the survey, then Equitable should not be gifting the site ... ' • Habenicht : It was based on bare land, and I think that's why, you know, I don't think you're hearing that, it's hued on the value of bare land . Clark: Okay, well ... Waggoner: I think these same people arc in business today. I • • 36 0 ' f --.. I - .. Bums: Clark: Wiggins : Clapp : Clarie • • t• . • ' . ' Since we only transfer the footprint and we retain ownership of the puking, I still think this is just confusing as the devil . I don't know how you split it out after you get it. Well, what ifwe were to ... That's her problem, she's ulted for it . She can sit there and play with it all day, whatever she wants to do with it. yeah, and that's all I want to do. What if, what if we were to ult that they, what if we ult for a bare land and four hundred to five lundred thousand square feet of retail and what the footprint is worth, and what the rest of it's worth. Habenicht : Why do you have to do all that. when we're just asking for something simple? Bums: Because if you don't do that. I think you've just got a worthless piece of paper. I don't think it means anything . Wiggins : I agree with you, it's going to be a worthless piece of paper, costs two thousand dollars, she wants it. Clapp : I don't see it that way . Hathaway : Not to mention the fact that it's under appeal to the aaeuor anyway . As to what he aaeaes it u, so, you know, its a negligible number, or a nebulous number . Bums: Well, I'm not sure where we are at this point . Wiggins : We've got a motion and a second, lets wee on it, end the di11Wuion . Hathaway : We've got a motion and a second. Bums: Any further dillWuion? Please vote! Ellis : All votes have been cast. Let the record show four ayes and three nays, the nays being Hathaway, Wiggins and Bums . Bums: Motion carries. I'm not now, do we undenaand what we're? Wiggins : No. 37 ' 11 - • . .. I. • 0 , I - - ·- ' • • • .. Bums : What we're, crazy. Hathaway : Doug's got to outline that now . Bums : Are you going to come back and outline? Clarie We'll come back and outline it. Bums: Well that's why I voted not, because I wasn't sure what we were , what the outline wu and what we were voting on . But ... Waggoner : Take a loolt at the Justin Haynes appraisal and see if you can't ... Bums : We can define that for us? Fine . Hathaway : We're still with Lauri, Council Member's Choice. Bums : I think we're still on Council Choice . Clapp : I just want to finish up really quickly here . I did receive some of the other figures that I requested from Doug. And thank you, Doug. And I was just auious as to what source you got the figures, if that was from ~ or other? Clarie Which figures . Clapp : Demolition, environmental . Clark : That came from the developer. Clapp : Developer. And I have yet to receive grade and fill and remediation and salvage. And I'm wondering at what point I can expect to receive those figures . Clark : Grade, fill and salvage? Clapp : Clark : And remediation . It's been a few weeks . Those numbers would not, we can ult the developer to come up with what his best guess them u . The grading would be a function of the lite plan, depending upon the final site plan, how nu:h grading goes in, grading and 611, and salvage, normally what happens is that there's a salvage aedit when the demolition contnlCt is let, IO we could w if the developer could 38 --~-~--.-..... .. • . I . • 0 l I ,-• ·, . , -• ·, • - "• come up with some type of oombers, but they may not necessarily be reliable until we get down right into the opcntion itself. Clapp : Okay. Waggoner: The remediation you are taUcing about, the demo, the environmental . Clapp : Yeah, all that in a nutshell. Trying to see what he's sinking into the property. Clark: And the remediation, in the remediation the devdopcr wanted to do some .. additional studies to get a more reliable rumber. I believe he had a number for environmental remediation in those original Id that WU provided to you, but that oomber is subject to change, too, after he gets his study done. Clapp : So, are we looking It a week for some of this, or ... ? Clark : Ah, we'U uk the devdopcr to provide his best oombers he can, probably, probably the end of next week, became he's ah, they're all in Vegas this week marketing the shopping center. Clapp : Oh, that's right. Oby. Oh, and we kind of di1CUued lut week 101ne things that previous deYdopa's had kind ofl,re,usfit to the table on proposals, I wanted to do 101ne comparilons . And that is my lut request, and I just wanted to address Tom, and this is not an under aa,em, thele are things that I haw: been akin& for for weeks. I ltalted a1ans for 10111e of this information u late u Mardi 18, and .. Bums : I didn't say anything about this illformalion. Clapp: No, no, well, you aid you felt like there was • underalrrent going here, I just wanted to 1111b it dear that I wan& to amve forward with this, but I just need this information for my own wisfw:rion. Bums : Well, that's fine, I don't, this info11na1ion's fine, I don't haw: any objection ' It asking for this lnf<11mation ... Clapp : Oby, well I just wanted to make thaa clar. I wasn't 11ft if that WU toward what I wu asking or just in ..-..a ... Bums : . . . It all, no it wasn't, no, no ... Wiggins : ls it possible, Your Honor, that she can 80 down Md see Mr. Simplon and I • • get all this information &om him 10 that she pts up to dale, and pts all filled in, becaUle ... 0 39 - (. • • • • Ar.~NDA FOR THE . ,. Clapp : I'd be more that happy to do that ifwe can do that . Burns: I don't know why not, I mean I don't know what the nonnaJ JJrOcess is . Wiggins : Yeah, that's what I WOUid IUBBest you do, if you got a s>n>bfem and need to know some of this information, since he's handling it, go down and ask him those specific thinp that you need to know, maybe he QI! get it for YOU . Clapp : It's just that I don't want to leave Doug out of the loop for one. and ... Bums : No, I mean if.. Wiggins : He's out of the loop, it doesn't botbe,-him any I auess. Vonnittag : Oh, I don't know ... Bums: Well, I don't think the City Manager ought to be CC>mf)letely out of the loop, I think that we have a channel for «:ommunication here we've established before, but you,. know, I think that QI! be worked out between Doug and Bob, I don't see any J>n>b1em with that . Clapp : I have no problem doing it that way . Habenicht : I jUst wanted to clarify that my~ was that the way that we do get information it that we. we let on the short term list, or ulc directJy the City Manager, or the, or, or Dan Brotzman and that, you know, if it's legal, and that 's how we access information. And I thinlc this is information that, that, I, I certainly know I think we all need. Vonnittag : Well, I'd like to see a copy ofit, I'd like to see a copy ofit. Hathaway : Well , I think we asreect fut wed[ that eve,ybocfy should get a COi?)' of cYerything, that· s the major reuon why we leparatecf out the two short term lists, the one that is lpecificaOy CinderdJa City and the one that isn 't. Burns : Yes, I think so . -y, I._, Wynu g,,t;,, ... You doo'1-1o .... ;,, fine. ... ff;,, lbepfo and recycle it, you know, that 's the way I look at it . ._, ...................... _ ... E.._1on.....io..- that they were QUeltions that should be, that I, that I really lhouJd be JJUttins forth that aU the Counar c... )'OU know . • . .. I. • 0 1 32xl - . ... • . u • l t • • • .. Hathaway: Well, but I think we also agreed that anything that went E-Mail would also end up on the short term list, u far u I understood. Because we agreed that a while back that E-Mail is not the definitive answer, it's a method to ult the question, but it's not the definitive answer, and that it needs to be hard copied anyway. Bums: Well , we've done all this, let's move on. 41 . . . . .. I • • 0 - - • 1 . 2. 3. 4. 5. • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MAY6, 1996 7:30P.M. Cell to order. ? : J f .,.._ Invocation. w~ Pledge of Allegiance. ~ Roll Cell. 7~ Minutes. apt>/'1-0 •. u;-.."""' .. -City Council_ .. Ap,H 15, 1998. ~- 6. Scheduled Visitors. (Ple8H limit your presentation to ten minutes.I a. Tom Buescher, the attorney representing the Englewood Police Benefit Association, will be in attendance to address Council regading agenda item 11 • ii, (reg•ding Heaing Officers!. 7. Non-Scheduled Visitors. (Pleau limit your presentation to five minutes.I 8. Communications, Proclamations, Md Appointments. ~,f-~/u(tlf" Ofrf '1-0 b . Off''1-() c . Letter from Joseph Hertmf} ~~ating his resignation from the Clean, Green, end Proud Commission. l'f'«,Q. ~ Proclamation declaing Mey 23, 1996 u Albor n.y.Nl:tJA~ Proclamation supporting~ ~e~aming of the South Piette River Greenway the • Marv C.rter GtNnway. ~ ~I'-~ 'f W If thuud, ..... ... If ,_._. • .....__....,....,._. • ..._,._....,. .. CllyofE .. awl(7U.2J11t11 ............. ..__ ...................... ,... ' •. .. I • • 0 r !')~ I. - ' City Council Agencb May6, 1996 ,.2 ()ff Ii. '7-0 d. ~'7-{) e. ,. -• • • Proclamation declaring the week of May 12 through 18, 1996 as ~!"~. Lions Club Weak in honor of the organization'• 70th anniversary~~ Proclamation declaring the week of May 12 through 18, 1996 as Netlanlll Police Weak and May 15, 1996 as Pace Officers Memorial Day. ~ 9. Public Hearing. Pfl>''l-0 ~~{,-~~~ a. A public hearing to gather citizen input on proposed amendments to the 10. °Pf.I ?-o C~ehensiveiff1~~~;--~~-~ ci;:;;_.~~~~-~h.L! 1T~ /0 LI~ ii 'f-tii ~-~ FiratReading. -Tr ..... - w>I i. Reconvnendation from the Utilities Depa1ment to adopt a bill for en ordinance approving a Joint Funding Agreement with the U. S. Geological Survey for a gaging station at Union Avenue and the South Platte River. STAFF SOURCE: St9wart Fcmda. DINctor of UtlldN. ii. Recommendation from the Public Works Depa1ment to approve, by motion, the purchase of a Street Sweeper. Staff recommends awarding the bid to the low bidder, Faris Machinery Company, in the amount of $68,780.00. STAFF SOURCE: a.tea Eatwfy, DINctor of Pulllc Warila. iii. Recommendation from the Public Works Department to adopt a bill for an ordinance approving an Intergovernmental Agreement with the City of Thornton for rotomHling servica. STAFF IOUIICE: a.-Eatwfy, DINctor of Pulllc Warila. UfP'"-fJ b.~~~aa· 101r/~ii Ji. ,,· -~i".""---~1 Bill No. 13, ~llltergoverrvnental Agreement with the /)1..J. 4fr / City of Sheridan for fleet maintenance. ii. Council Bill No. 14, approving an lntergc,v•nmental Agreement with Englewood Schools for fleet maintenance. Plwe "*= If,-haw a illlllllly and ... -a.,y ... • .......... Mllfy .. Cllyfll I -_. ou-nNt• ........... ~ .......................... ,... ' • I •. .. I . . 0 -• • • .... City Council Agenda May6, 1996 ,.3 et,.fs;./ 11 . Ordinances, Resolutions, and Motions. a . Approve on First Reading . i. ii. Recommendation from the Department of Utilities to approve, by motion, a standard agrnment with Camp , Dresser & McKH, Inc. for study, report, and professional design, bidding, and construction services for the Allen Filter Plant lmP.PJ'!"f'!ntL !S°!'AFF SOURCE: Stewat Fonclll, Dnc:tor of Utllties. ~ Oft"-1-1) Recommendation from the Department of Administrative Services to adopt a bill for an ordinance setting forth procedures to appoint hearing officers and regulations for review by the hearing officers. STAFF SOURCES: ._ .. , ...... 1. Plr1•1r ... Mmsa•ullwu la rl111 ~ Marlin ........ City Labor CaunNI. ~ iii . v. Recommendation from the Office of Neighborhood and Business Development to adopt a resolution approving the final plat of the ·Chicken Ranch Estates• Subdivision . STAFF SOURCE: Harold J. Stitt, Plarllq Conwnunlty Coonanator. ldff"'- Recommendation from the Englewood Housing Authority to adopt a bill for an ordinance approving an Intergovernmental Agreement for the 1996 Arapahoe County Community Development Block Grant Program . STAFF • SOURCES:.._. II I ww*l, 1!: lluc Bllucaw Uf dW 1!14-wea:4 a1~1,,. __ .~-'- M••,P,=f~~I l4Pliawwwl111JB1.~ Recommendation from the Department of Safety Services to adopt a bill for an ordinance prohibiting tobacco use by minors. STAFF SOURCE: ,,..,"81t!l5'J"'tll,;,t4~':;,"fl ··-· ~ . Approve on Second Reading. ff 12. General Discussion. a . Mayor's Choice . b. Council Members' Choice. ~I//, i. ~?-0 A resol~~~noring Austin Gomes u Engi,_!Wooct's 1996 Citizen pf the Year.~,,llh).u.f-~Vf(llL~ ~ ~iffi?:0 Motion to hold • City_ Council study_ session on T~sday, May 7, 1~,.. __ _ 5 :30 p.m. to mnt with representatives from Clarion Associates . ~6? I.IIMli t,-1 CLAPP MOVED THAT AU. Of THE CINDEREUA CITY PU8lJC N'\IT PIIOCESS -(1'"1(; 1/f~) BE COIR.ETED PRIOR TO OEFININGAl('(TENANTIG J / ,, CLAPP MOVED THAT THIS COUNCIL DIRECT STAFF . CITY 11oWMGER Cl.MK. .., -:;;, TO DO AN OFFICIAL ~TED 1-APPIIAISAL IAIEO ON RAW LAND AT THE C lllfllJIIJlif w~ ~REUACITYSITE f>/1:iJs.J'lll(IJ:!I, I -----~---~------ ' ...... •. I . • 0 , -• • • .. City Council ~j f_-1 WAGGONER MOVED TO SlJPl'oRT BURNS AND HAIIENICHT'S ATTENO.\NcE May 6, 1996. _,,.,,. ,, TO THE COLORAQo MUNICIPAL LEAGUE CONFERENCE SCHE0ul£D FOR VAIL P. 4 ( AJtr: M) /~~t~"'c:~ THE zte AND SUBSIDIZE THE COST FOR EACH IN THE 13. City Manager's Report. HATHAWAY MOVED THAT COUNCIL GO INTO EXECUTIVE SESSION Mo1EDIATEL Y FOLLOWING THE C0tJNclL MEETING TO DISCUSS A REAL ESTATE MATTER 14. City Attorney's Report. a. Di Falco opinion regarding Ostema complaint. Adjournment/0:;~-~ The following minutea were tr.,.,,.itted to Council from 04/12/98 -05/02/96: • EngleWOOd ~ Pension Bon meeting of Janu.y 9, 1998 • EnglewOOcf Public Ubr.-y Board meeting of March 12, 1998 • EnglewOOd Board of Adjuatrnem and Appqia meeting of February 14, 1996 Plew 11111e: If you"-"• llsabllty wl .... ....,_. ------~ .. Qyef f II ANIOU-D7W)• lelllt41houninadwaceo1.._..._.,.....,_ n..,-. . . .. ... I. • 0 - - - • • • - .. CITY OF ENGLEWOOD PUBLIC tEARING ROSTER MAYl,1118 AGENDA l1EII NO. I a PUBLIC HEARING BEFORE THE ENGLEWOOD CITY COUNCIL PLEASE PRINT NAME ' ,- • . ~ . I . • 0 • • -• • • '· - NAME ADDRESS I • • 0 . . • - - • • • ·, • ... PUBLIC COMMENT ROSTER THOSE PERSONS WHO WISH JO SPEAK II FAYQR OF QR II OPPOSITION JO A PUBLIC HEARING, SHOULD IIQN THE APPi 1CA81,E P1&,1C HEARING ROSTER, Pl.EASE PRINT ADDRESS . . ,,,_ . , • . .. I . . 0 ~ w ~ 0 • . ', • 'I li ~t ~ i ~ . ~ ~ ~ ~ ~ ~. Ir ii IIij l ;s I 1 ! {II I I~ ll ff lii l, Iii i 11 I I Ii I I I t r t ' ;· ~ I a ~ 1 • I $ ' If i1 l' 01 ~ [ i f i \I ,'I 'ili! I!gg 'Ii i I i It I! ,11 ill; 11ji t' r 1 ! il .·1 l!I '111 Ii rl ! ~r I I(~ J·~~ f ! ! 11 a •~1 ~~ -f l I !J; iii I r 1 I ~ll I I I i I ~ !' ~ ' ~ ~ i g; pi 111~ .. 0§ i I h . ~ I "' ~ I I . . . 7 ' . ' " I • ..... (.) tv X '-0 • • i ~~i i ~ '11:f'''111}1 lt I~ r ~ ~ ~ea If 11 iif ~~ -1~ tJI' lrlf f 1 I · ~~~ Jf . N~ a t § I ' ·t e i z M f ,. a Fl . i l -. ~=l!i i lltl 1.f ~ s I . j!ll!j l . • lg 1, i IE II> I if,,: 1,,~ril,1 if Ii I~ 1, i II t ri i ~~ [ t JI (~i lfff lif Ii J ! z~ B J·f i~ .. · i · ni,i I r1Hi! . 1 r gi l J . = 0 .. -1: ~ s 11 ,flt '1:t r ! i I I!: r O t ti a ' 1 :!!• · 81 ••E · sa al if 1~ ! I l!1t1!!;ilt11I ii;~ f ll 'If~ ! !1Jfifl;f'lllr 1 f 'I Ii i !I J 1§ ! .Jt ·t'J'· t,rt r I =§ • 't ~ 51 i :. i I l·J ,.. r It I Irr • ~ I 8 : 1 e~ t JZ 1 ri1l;illfl 1 [ t 1~ I : I !I J 1,~t1:;1I1t1~1l . I 11 I I • a· ~(,f 1t ~if I I • , • • I r • ~ I I . . . ... ' .. " I - - • • • • . . 9 ........... Nop!llllic laria& WMdlldlledbdiftc-il. 10. C....A..- COUNCIL IIDDU BATBAWAY IIOVD. AND ff WAS SSCONDD, TO .uftlO\IK CONSENT AGENDA l1DIS II (a) (I). (i), AND (II) ON naT a&ADING. <•> .-.,-.. .__. (i) 1t1!SOU1I10N NO. 44, SElUl!S OF 1996 ,,,_ A RESOUmON AWARDING A NEOO'llATED CONJ1tACf FOR ENGLEWOOD'S 1996 MICROSURFACINO PllOGllAM INS1EAD OF 11IE CXJMPE'JTl1VE BID PltOCl!SS UNDER SECTION 116 (b) OF 11IE HCME RULE CJIAR11!Jl AND SECl10N 4-1·3 OF 11IE ENGLEWOOD MUNICIPAL CODE 1915. (ii) COUNCIL BILL NO. 13, INI1lODUCl!D BY CXJUNCIL MEMBl!ll HA111AWAY A BILL FOR AN ORDINANCE APPROVING 11IE RENEWAL OF AN IN'lt!llOOVERNMAL AGltEEMENJ' BETWEEN 11IE arv OF ENG1£WOOD, cxxal@O AND 11IE arv OF SHERIDAN, COLORADO WHEREBY ENGLEWOOD WllJ. PROVIDE 11IE arY OF SHERIDAN Willi VEIDa.E MAOOENANCE. (iii) CXJUNCIL BD.l. NO. 14, INI1lODUCl!D BY CXJUNCIL M!MBEll HA111AWAY A BILL FOR AN ORDINANCE APPROVING 11IE ltBEWALOF AN ~AL AGltEEMENJ' BETWEEN 11IE arY OF ENGLEWOOD, CUCla@O AJil> ~ PlllLIC SCHOOLS WHEREBY 11IE arY OF ENGLEWOOD WllJ. PIIOYIDE 11E ~ PlBJC SOIOOL'S wrI1f VEIDa.E MAOOENANCE. Ayes : c:-ilMalllllnllalllaway,V ....... W....,lld ft w..-.aw.a.. Noa ••••• COUNCB. IIDDU BATBAWAY IIDIOVD AGENDA IIDI II (II) (I) l'IIOll 1D CONSENT AGENDA. COUNCB. IIDOU WIGGDII IIOVD, AND ff WAI IECONDD, TO .uftlO\IK CONSENT AGENDA nDll 11 (II) (i), (II). AND~ ON acoND DAMNG. (b) .-• .__. .... .. I . • 0 - - • • £aalewNd CilJ Ceudl ~ril 15, 1"6 .... • • (ii) ORDINANCE NO. 14, SERIES OF 1996 (COUNCIL BD.J. NO 20, INTRODUCED BY COUNCIL MEMBER HATIIAWA Y) AN ORDINANCE AMENDING 1Tn..E 5, OIAPTER 7, SEC110NS 3, 11 AND 13; AS WEU. AS 1Tn..E I, CHAP1ER I, SEC110N I, OF 11tE ENGLEWOOD MUNICIPAL CODE 1915 AUIHORIZING 11tE ClDEF Bun.DING OFFICIAL TO SUSPl!ND Oil REVOKE CONnlACTOR LICENSES AND CERTIFICATES OF REGISnATION UPON VIOLATION. (iii) ORDINANCE NO. 15, SERIES OF 1996 (COUNCIL BD.J. NO. 22, INTRODUCED BY COUNCIL MEMBER HATIIAWAY) AN ORDINANCE APPROVING A MEMORANDUM OF AGREEMerl' FOR TC 00\IERNMElff ACCESS OIANNEL I, BE1WEEN 11tE Cl1Y OF OIERRY HILLS YIU.AGE. 11tE Cl1Y OF GREENWOOD YIU.AGE, 11tE Cl1Y OF SHERIDAN AND 11tE Cl1Y OF ENGLEWOOD, COLORADO. (iv) ORDINANCE NO. 16, SERIES OF 1996 (COUNCIL BD.J. NO. 23, INTRODUCED BY COUNCIL MEMBER HATIIAWAY) AN ORDINANCE APPROVING SUPPLEMEm' NO . 121 TO 11tE SOlTIHGA'IE SANITATION DIS11UCT CONNECTOR'S AGREEMEIU WJ111111E Cl1Y OF ENGLEWOOD, CX10RADO FOR 11tE INCllJSION OF LAND WJ11IIN 11tE DIS11UCT BOUNDARIES. Vatereadts: Ayes : Nays : The motion carried. Couacil Members Hllbawly, Vonaiaag. Wiggins. fflllmidll. Waggoncr,Clapp,Burns Nooe • •••• Couacil Member Hllbawly llalal 111111111c will allllaill 6-Vlllilla • ,\,-la Ilea 10 (b) (i) .-fJl Ille ilMlliplioD that is c:ooli1M1ing. jusl • it WIS OD April t •. COUNCIL MEMBER HABENICHT MOVED, AND ff WAS SECONDED, 10 Al'l'aOVE CONSENT AGENDA ffEM 10 (It) (i) ON SECOND UADING. (i) ORDINANCE NO . 13, SERIES OF 1996 (COUNCIL BD.J. NO. 5, INTRODUCED BY COUNCIL MEMBER HABENlarT) AN ORDINANCE AMENDING 1Tn..E 5, OF 11tE ENGLEWOOD MUNICIPAL CODE 1915 W1111 11tE ADDmON OF A NEW CHAP1ER 13, ESTABLISIDNG LICENSE REQUIREMENTS FOR 'IEMPORARY EMPLOYMENT SERVICES IN 11tE Cl1Y OF ENGLEWOOD . Ayes : Nays : Abllain: 'Ille IIICllioa carried. Couacil Members Vormiaaa, Wigiel. tflllellicl!I. Waggoner, Clapp, Burns None Council Member Hadulway ..... •· • 0 - • " -• • • • II. OrCI e•W1lslew•....., ; (a) Appn,we oa F"IIIS Radin& (i) DiftlC70r Grn1ewicz ,.--.. a n,c a 112;.,e rn. die Dlpll1 r a ti Fiaacial Savmsoadapaa ....,_,... •• ......,,_,. .... ..,_,.IIJCUS....,ia die City tl&,Jnood. He eaid 711112 dlie .....,_ eese ,_ • pn,vided by c-il Bil No. 5, -.a .. jail appnMd by c-il. He ldvillll 711112 die --• • s:oo fDr iaisial liceaeiaa, S50 fDr -a licelleia&, ad S25 fDr,.... c a c-i1Mmllcrlll7baway...a ... 6ewill_,lllllaiahaW7illl•dlie ....... ail ..... SO c.-:il Bill No. 5. ne.._._ ......... .....-...... byside: RESOU1110N NO. 45, SERIES OF 1996 A ltESOU1110N ESTABUSHING FEES R>ll TEMPOllARY EMPLOYMENT SERVICES UCENSED Wl11DN TIIE CITY OF ENGLEWOOD, CXll..()RAI)(). COUNCB. MDDD WAGGOND IIIOVD.ANlt ff WAI RCONDD, 10 Al'nOVE AGENDA ITDI II (a) (I)-DSOUJ1IOllf NO. «1, IDIID OP 1"6. A,a: c-il ...... V. 15 1, W--.Hll:11i.ck, Yt'lawr, Clapp. ..... Noae C.-dl ...... ......., (b) Appn,we• ..... ..... 'lllcre.aeaoaddisioeel ._ ........ ,.....,...__....._ (le~ISla ·o-c.w Apda.) 12 . 6-a:Diel ....... (a) Mayon Cliaice I. ...,. .......... lie ........... aMlyar, IDjllill .. P .. I oadMlll'•GaWa.11, aldloup lie ldvillll die c:lllb .... ._ tllie ...... lie 111111111 • lie 1111c ID,_., IJ W1J _._ He ....... SO Coacil, eiacc iS ie .._ lie ie Ma.,w ... lie .. illvtlld IDjaia. ... iS aips lie IJIJll'Oplme llr die CiSy to pay die,_ fDr illiSilSioa •__.._ad die SIO .-........ 111 die Jaior .,.,......, wllida. 11e cxplaiw 11e1pe .. lliali ...,_ 11e .... 11r , r.a. Cwil. Coacil Mmllcr Hll:elliclll llid 711112 a....., ______ ............. S-v. D)1ic .. ...,. ........... 1a2t1ller I s·11lle,ailllr. Ml.IE I I .. aiddll7Caa::I.• dll2 WDe. .. _,. ..._. dll7 dleylllllllll aac .,..,dll7. Ille ..... ti I JdleW•a l7lllly eeeaioa wi2II City A22lne)' .._, wlleae i2 ClDlld lie ............. • J11111 tla C-=11 policy. I· • C • • • 1:aakw_. City C..IICil A,ril 15, 1"6 ... 6 • 0 ,~ - Council Member Hathaway aid Mayor Bums is. lloweYer, allowed to -his discmionary funds to pay for membenbip& ifbe ~ IO do ID, provided it does DOC exceed S75 a quuta. Mayor Bums aid be did DOC ~ wbat tbe policy-and did DOI realize discmionary funds c:ould be utiliud for this. Council Member Clapp agreed with Council Member Habenicht 's P...,...ioo to clisam tbe mana in study session. • did Mayw Bums. 2. Mayw Bums Slaled tbat Council bas been walCbiDg the~ Tramplll1IOOD Dillricl (RTD) Board to see if the full funding grant agreemcat wilh the Fedaal Tramit AdminilualiaD cm tbe lipl nil line might be coming before them this IIDllh. It -1oau • if it will DIil, be aid, but be feels thcrc might be a special session between their April and May meetiDp to review this. He Cllpl-.l llllCla1ainly 1Wbether public comment will be allowed. Mayor Bums llatCld tbat M -always llnlgliDg with RTD IO pl enough Wies to pass things and it is vital that they approw: this CICllllnlct -tbat M U\'C the nod from Washington for this project. He said Council will keep the citizens advised. He expreaed appn,ciatioa to the citizens who have testified befce RTD OD our behalf; and aid lhlt, if .-ry, be would like to bave • similu show rl strength at their next meeting Oil the full fimding grant agreemeoL ~) Council Member's Choice (i) Council Member Waggoner reminded Council lhlt, at a l'ecml Study Seaioa, they reaffirmed their position or authorizing the light nil llatioa to be loc:aled within the Cinderella City redevelopment area and also authorized up to 400,000 square &,et rl entcnaiDmeat and relail developmait on the site. He opined that the site needs some asillancc in the PUnlUlldiDg areas, and that the oaly way for Council to know what the sunounding areas will need is to proceed with the planning study that - P1ggcsted at one or the Study Sessions . He iec:aUed that Ncipborbood and BusiDea Dm:lopmcot (NBD) Manager Simpson estimated that it might cost SI0,000 to SI00,000. Council Member Wagoacr felt it could even run up to SIS0,000 . He asked Council to authori7.c the City to proceed with a planning study, PICh • that discussed. and to include the area around the Ciadcrella City rede\dopmeDt. tying the redcvdopmcDI in to Broadway and downlown to be IWC M aR DOC c:ausillg a problem in 011C place that M aR trying to IOlve in another. Council Member Wagoacr aid thcrc aR -tnllic paaaa lhal need to be looked at and tied in with ligbt nil and RTD bus n1U1e1, • well • tbe praplllld part Md ride that RTD is planning for tbe area. He felt that areas W1h rlCiadadla City will be ape,icaciag prublcms. PICh • Cushing Park and the access lhal may or may aot be aeedcd lhraup lhal area. He aid that there is talk in the ncigbbortiood that. perhaps. tbe Galcral lnlll Worb llitc would be a p,d place to locale • hoed, and be fdt lhal should be looked at. Also. lie aid, tllc -to dllc IDUlla rl Ciacladla City needs to be tied in with the wbole deYdopment . He opined tllat tyiDg tbe qolc dlia& ...-, ...,. a lot rl lCIIIC and would be what our citi7.em aR looking for. Mr. Wagoacr aid lhal. if c.11i111 Part does, indeed. bave to be IDOYCld. provisioas 111111t be made for some rl lhos amenities at a _.,,. loc::atillll. Also, be felt that pan rl the study should include a marketing amlysis that will tell • wlir.lllcr a llolcl is viable, or if some other kind rl ~t will fit within that area . COUNCll.. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TIIAT COUNCD. AUTHORIZE HTWEEN SIN.eoo AND Sl!I .... FOR A PLANNING S11JDY TO LOOK AT THE NEEDS AND THE DEVELOPMENT OP, NOT .IIJST CINDEUUA CITY, BUT ALSO THE SUUOUNDINC AllEA. Council Mcmbu Clapp asked if M aR llill talkiaa about a '°41)' liait.. c.-il ...... W...-, llid be feds the study can be dolle wilhill sixty to llillety days aad dial _. ca ~ i.:t widl a ......... or • rcope rl work, at the next Study Salioo. ., .... "' - •· • 0 , -I 2 • I -t;:'-~- ~ (,.) I\) X -t' 0 • • if f[ ifi I{[ f[ !f[ l![f Ji[ I[ )f ifi lr]fj fiif !!f tr 11 1.1 1 1 f Jil r§r ,if If ,r J,1 -1,i a; ·r :.l 'I i1 '~ 1 t l l!·I ~it it ~I · •. ;·ff 1 11 19 l, ,,~ ~ 11 11,~ 1 !; ·t1 li f. f~i 11 i Jr ,,, i~J i 1· 10. ., I· l . ts l . I: I· l I . 1' I Ir a;;s cg . l f lw I lr l l ~ l :f ll l't ft ft 1=1 ~fi ii! i1 it' ~It ,~l; ill 1~ I~ lie l,t ~, 11 l[J ill II l l~r '1··11 J!i 1 ! If ,I' !i :1 !;i l•r :11 ~; ll !I! ,~s1· rJS1 11 ,, ;,I t1 ~i ,.,~ 11111 J!i J.J ~Ir,• iff~ 1'J• l I .. 1 i II' 1 •1 , , 1 E· s i t . a 1 &' -f, , I jl 111 i r ' • •· . s: a ~-t r i '' ii . 1 ;1 a· i I IJ l · r fi 111 If ~1 1 Ii if 11' r!t l;'~ II t ' 'I s i ., • I I ir r II'~ 't ·f fr II' ~11 * r ~, g '• !1 h i1 ;•1 n 11 • 1i i l hi IJ I 11 ~E fl l 'II fl I If Ill Jif sirf I· . ~ ~i t1 . E Ji~ ls·.· I if . . )·1 tf i !·11 Ii I If J·t 1·1 : . f If ... 4 I I I . I &' &' II' If Ir i . . . i J l I u w It tr ! Ii' f u • • ~ • • ~.U .~ 6 . , I L-1 r I O . • , ,. ' .. . " ' - - • • Eackwood City Ceaac:il April 15.1"6 .... . ' • 0 I• • the Cindaella City sile itself, or jusl do the environs . He llid that is critical • IO bow be is dcMlailed into this . Council Member Waggoner opined lhat the pr.-planner~ haYe IO lake a loot • wllal is being planned for the Cinderella City sile. Thal sile planning. wbdber it be done by the dcYdoper, or a combina1ioa cbeloper and City, be feds, is -lile specific. It could ICU you IUCb thiqs • Mldber you were going to open up UUle Dly Creek or wllal the traffic c:iR1llalioa within the lile ~ be, wbere the light nil li1alion is going IO be located, and wllal it might look like _,Mically. Tbe pr.- planner, ~. will 111\'C to take lllaK thiJlp into comidenlioa. plus look ll the aurouadiag area to aee bow it all dcMtails top:lber. Mayor Bums aid it -IO him dial the pluner wllo will focus oa the lite rally bas IO do tlill bec:auK dial is wba1 the PUD will do . Thal process will be Clllllfined to the lite, leplly, • -ID tluaugb the process with the Planning Commission and the City Council . COUDCil Member Wagoaer aid be does not think it will reach out far coougb . Mayor Bums aid be undenlaads Mr. Waggoner's paint. but be does not see bow one planner can do boch because they will be running out of the lite, aruund the environs al the same time that, legally, we will be focusing on the sile •far• the approvals are a,acemed. Council Meinber Waggoner said be does not think Council can make an approprialC decision or react to suggestions that might be sile specific without knowing wbal -are looking al • far as the sunounding area. He asserted that the rcdeYelopment absolutely bas to fit with the sunounding areas. Council Member Hathaway advised that. ewn with our new PUD ordinance procedures, it does not take into account the sunounding environment. Council Member Wiggins said be can also see RID• a fourth planner. Mayor Bums ukcd City Manager Clark if he is clear on the intent . Mr. Cwt respoadcd dial llllically - are looking al one planner to do boch . The original planner, be said, -jusl going to be site specific. We will still ID with just one planner, be said, but bis or ber KOpe will be, not ooly site specific, bul allO do -gencral land use planning as far nonh as the Gcnenl lroll WOlb area. do 111111e traffic amlysis and tbell 111\'C the market retail per-. on board IO aaisa in uy specific iaa dial -up . Council Member Waggoner remarked that. in rality, whoever the dcYdoper might be wiU haYe a planner dial is going to do -of his own . He aid the per-. lhll -..-may not get as lite specific as the one the clewloper will have on board . Mayor Bums aid that. all along. the City -going 10 have its own planner. City Manager Clark said that. instead of having two planners, oae 1h11 does a lite specific and oae that does a general , we are talking DOW about one with an expanded KOpe from wbal -originally were talking about. Council Member Hathaway asked if that -where Bob s~ -coming &om. that the sao.ooo - more or less appropriated already. City Manager Clark rapondcd that wu basically for that option lhnle that we bad discussed . Basically, be aid. -are prooccding. but with an expanded planning KOpe. Seeking further clarification. Ms . Hathaway asked where the expudcd ~ will -from . Mr. Clark aid right DOW the intent ~ be the SI0,000 from Neipborllood and Business Dndopment. and from the cod of the year exc::as fund balance. Ms. HadlaMy asked if-are pina IO haYe the other fuadl 1h11 were originally a part of the cbdopment agreement, or will lllaK luadl be lldd in lbeyaDce 11111.il die .... - I' - • I . • 0 f • (. I ~ ,(N I\) X --0 l. • • ,}J U ff i lt [ HJ if IU H ip1 iH [Jf [ illf !i it !!f ff nd ~, ill1.g iii I di' ill hi I !ho :I 1:: i} J !iE if r 'f' l~E E 'f atf ,~ E .~,, IE i , U1 I · 'H .1 ! JI I l ·1 ~ [ di 1 ! ! H ; 1 I 1 I 11 , t , I 1111,p :U t 1 1 11 jl i ! '~'S • t 1 Ji~ li I.if ti-,ir l 1!1 ;J 1• • r1J 1-!r • I .·~ ii i 1 J! ,:~ l rri I!~,, r ff,! j{ i t 11 11 i!l 1 I ~ff I fr: Ii ts1 1 [!II !1 1 ! 1~ 11 till. ':f r ·~i {' ·Ir I:••, 11 ! l. 11 1 r'1 iJ!i 11 t f!i' t! l!l I rt!J ·1' I . . I ~ I. . Jl J ! l I I I 11 I·~ f l I r f ! } i d ! IJ •: l 1· .[ , 1 If ! tll 1 ' f l 1 If Iii. ~~ I j~(if r} i( J ti• . ! . I i ft t ., .. I· f ! a· : • 1 • s. ~ [ I s r J J lf .r I '1 1 I a.r J 'I 11• f , I . f H • • • f ;.r: ;,t ! . • 11 r I • , . ( • r I I O • .. • '- ' - ]- • Eaale• ... Cily c.udl Aprl IS. 19M .... 0 • 0 I• - Mayor Bums advised 11111 RTD aid Ibey wanted lllcir elevlliom oa tllis by next moadl, if'poaible, ad abYiously a pod deal o(die parting r.cility is OIi Equilable's pniper1y IO tbey nmd lO coon1iJmc OIi dial. V•,-lb: Aya: Couacil Members Hadllway, Vonniaag, Wigim, lfllleaicbl, w...-,. Clipp. Bums Nays: Noa TIie IIIIIUOII carried. (ii) Comicil Mcmber Habeaicllt COUNCD. MEMBER IIABENICBT MOVED, AND IT WAS SECONDED, THAT COUNCU. GO INTO EXECU11VE SESSION JOU.OWING 11D UGUIA& IIID11NG TO DISCUSS A PERSONNEL MA1TER. Aya: Nays : Tbe 1110U011 carried. Couacil Members Halhaway, Vonniaag, lfllleaicbl, w...-,. Clipp. Bums Council MClllla Wigim Council Malm Habcnicbt ~ 11111 City Aaoniey Brotzman ud City Manapr Cart be pre1a1t for die ExccutM Session . 13 . City M ....... , Jtepert (a) City Mauger Clarlt IUbmilted a SlpOl1 med April 11, 1996 ~ CiadeftUa City ~ He aid thal, ...... to writilta die memo, lie 111d with IIIGl'lley Mib Miller .... City Aaomcy BW to dim lillilllillg ap all die dcvda:pa Id III I Ml He ffl' H .... dNft be a Study Session oa April 22, 1996, ll wllicll paiat NBD Ma-,er ~ ad llis llllll'will di.-die pluniDg pn,cess. Allo, llc prapoaed a Sbld), Sellioa b April 29, 1996, wllae City Manley e.m- and Mike Miller will prelall lO Cauacil ia &ea11iw Seaioll die w o( all o(dle wricllll d&,; 111111 m Pl apecmenll. Comicil Member Vonniaa, ....... dllll Mr. Clark pl!l Ille &lllft!KI I M OIi c:llaallld eipl 10 Id cilizieas "-lllaul Ille aeelill& • Ciada'ella City . C-=il Member Halhaway IIIUd if ii would be IDO -IO II)' ID coabiac die two aeeliDp toptber. City AllorDey Brotzman rapoaded .... ii mipl be bitiac ·-ma M CM c:bew . 14 . Cky A...._,.', Jtepert City Anomey Brotmllll clicl DOI ba\'C any llllllell lO brilla belole Comicil . COUNCD. MEMBER HATHAWAY MOVED TO ADJOURN . Tbe ~..,_.at 1 :17 p.m. ...... "' - I· • 0 ' -• . ,. ·, • 8 a ' 1.-0llkattl 111CHA1D E. HAlnMAN JOSEPH I . HAll'IMAN AU.DON L HA1nMAN HARrMAN AND ASSOCIATES -------~;;·,~ ... ~L;.:,i·~j ~~:~ HELEN L l'OWDS. L .A . City Council Clean, Green • Proud Coaaiuion City ot Bnc)lawood 3400 South Elati str .. t l!CnCJlevood, CO 80110 April_ 16, 1996 RI:: Clean, Green , Proud Coaaiaaion Dear City Council Neabera: It ia with grut regret that I -ruigning ay appoint:aent to Clean, Green , ProUd Coaaiuion. Should a vacancy occur in future years, I would tie only too honored to have the opportunity to again apply tor an appointaent. 'l'hanJt you for your kind consideration of thia notice. Cordially, Jllll:rc cc: Ann llabbolz 3755 SOUIH BROADWAY, ENOiniOOO, COLOIADOIOIIO 1B.EPRlNE(J03) 762-1525 FAX (303) 761-2919 . , • .. I . . 0 f --.. I • • • ,.. . 0 • 8 b PROCLAMATION WHEREAS, in 1872 J . Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS, Arbor Day is now observed throughout the United States and the world; and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife; and WHEREAS , trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and countless other wood products; and WHEREAS, trees in the City of Englewood increase property values. enhance the ~conomic vitality of business areas, and beautify our community; and WHEREAS , trees are a source of joy and spiritual renewal; and WHEREAS, the City of Englewood, Colorado has been recognized as a Tree City USA by The National Arbor Day Foundation and desires to continue its tree-planting ways ; and WHEREAS , Colorado normally celebrates Arbor Day on the third Friday in April ; and WHEREAS. the City of Englewood wishes to move the celebration of Arbor Day to May 23 , 1996, to allow the State Forester to attend the Tree City USA presentation; NOW THEREFORE, I, Thomas Bums, Mayor of the City of Englewood, Colorado, hereby proclaim May 23, 1996 as: ARBORDAY in the City of Englewood, Colorado, and I urge all Englewood citizens to support efforts to care for our trees and woodlands and to support our city's community forestry program. Further, I urge all Englewood citizens to plant trees to gladden the hearts and promote the well-being of present and future generations. GIVEN under my hand and seal this 6th day of May, 1996 . Thom'1i'~urns, Mayor -i,·· P r .nteo e n ::;,ei;·,cled Pager -=-- • ----- I 0 ' 0 - PRO C LAMATION WHEREAS , Mary Ha m pton Carter was a r es pected Mayor of Bow Mar, the Chairman of t h e South S uburba n Pa rk Foundation , a co mmunity le ade r a nd a friend to Co lor ado's e n viron m e nt : a nd WHEREAS , Ma ry Ha mpton Carte r gave sel fl ess ly of her time and en e r gy fo r m or e than a d ecad e and a h a lf t o t ran sfo rm the South Platte Riv er , through the south metr o a r ea. from a utili ta rian drainage into a n a t io nall y-acclaime d a m e nity; and WHEREAS, Mary Ha mpton Carter was a champion because sh e acted on he r be li ef th at this co uld be a better world and sh e used h e r exceptional talent and s kill s to see vi s ion s brought to r eali ty making h e r t own . h er co mmunity and the State of Co lor ado a be tte r pl ace t o li ve ; NOW THEREFORE, I , Thomas J . Burns , Mayor of t h e City of Engle woo d , Co lor ado and Me mbe r s of Englewoo d C ity Counci l, he r e by support the re-n a ming of the green w ay a long the South Platte Ri ve r through Arapahoe Co unty as the Mary Carter Greenway. GIVEN und e r my hand and seal this 6th d ay of May, 1996. ~ Alex Habe nicht, Mayo r P ro T ern Ke ll s Wa ggo n Ot~i .t.~~ • I ' • • • 0 - ... PROCLAMATION WHEREAS , the Lions Club of Englewood was duly chartered and became a member of Lions International, an organization of world-wide service clubs on May 14, 1926; and WHEREAS, the Englewood Lions Club has, for 70 years, been dedicated to helping those less fortunate; and WHEREAS, the Englewood Lions Club will celebrate their 70th anniversary of service to the Englewood community on May 14, 1996; NOW THEREFORE, I, Thomas J. Burns, Mayor of the City of Englewood , Colorado, hereby proclaim the week of May 12, 1996 as: ENGLEWOOD LIONS CLUB WEEK in the City of Englewood, Colorado. I urge all of our citizens to join the Englewood City Council in this observance by giving their support to this outstanding club and it's fine members who are devoting their time, talents and energies to the Englewood community, not only during this week, but through all the years, past and future. GIVEN under my hand and seal this 6th day of May, 1996 . ,. . 8 d l;·. Printe d o n Recyci.d Pace-, ..:;.. _. ' • I 0 ' • • • • 0 I • • 8 e PROCLAMATION WHEREAS, the Congress and the President of the United States have designated May 15th as Peace Officers Memorial Day, and the week in which it falls aa Police Week; and WHEREAS, the members of the law enforcement agencies within the State of Colorado play an esaential role in safeguarding the rights and freedoms of the citizens of the State of Colorado; and WHEREAS, it is important that all citizens know and understand the problems, duties and responsibilities of their law enforcement agencies, and that members of our law enforcement agencies throughout Colorado recognize their duty to serve the people by safeguarding life and property, by protecting them against violence or disorder, and by protecting the innocent against deception and the weak again.It oppression or intimidation; and WHEREAS, the law enforcement agencies within the State of Colorado have grown to be modem and progressive, and unceasingly provide a vital public service; and WHEREAS , the General Assembly calls upon all citizens of the State of Colorado and upon all patriotic, civic and educational organizations to observe Police Week and Peace Officers Memorial Day; NOW THEREFORE, I, Thomas J. Burns, Mayor of the City of Englewood, Colorado, hereby proclaim the week of May llab tbroap die llda, 1918, as : POUCEWEEK and I urge all citizens of Encl-ood, Colorado to join in the commemoration of police officers, past and present, who by their faithful and loyal devotion to their responsibilities have rendered a dedicated Nrvice to the City of Eqlewood and, in doinf IO, have established for themeelves an enviable and enduriq reputation for preserving the ri(hta and eecurity of all citizens and May 15, 1111 ia here by proclaimed: PEACE <>n'ICEBS IIIDIOIIIAL DAY and I urge all citizens of En,1-ood. Colorado to ncopiM tJM.e police officers who have made the ultimate ACriftce or who have been diaablecl in the line of duty . GIVEN under my hand and seal this 6th day of May, 1996. w~,.f 1~ - ' • I • • 0 ' - - ,l • ,-• . ' • ,. COUNCIL COMMUNICATION DATE: May 6, 1996 AGENDA ITEM SUBJECT: Amendment of C01Dp1ebelllive Zoning Ordinance • Plumed Unit Development (PUD) Ordinance INITIATED BY: Office of Neighborhood STAFF SOURCE: Mark Graham and Business Development Neighborhood Coammity Coordinator COUNCIL GOAL AND PUYIQUS COUNCIL ACDQN; C.,,PKI Gael; Comnumity Interaction -Cratin& a development process where cimem can nprea objectives in a Public bearing OD significant development proposal. Creating a process that beaer responds to the market OD routine requests. Economic Deve/opm1n1 -Quality development helps Englewood promole itlelf as an aaractive place to do business. The PUD process not only assures the quality development demaDkd by residents but is also market driven so it advances the City's pro-business commitment fRylpus O!•w:P Adfee; City Council accepted the Ordinance for first reading OD April I, and set. die public bearing for May 6, 1996. City Council previously considered 1his propmed ammrl......,, at die March 4, 1996 Council Study Session. On March 4, die Council discu11ed die propoul and rrmnded changes. Council also directed staff to brio& die proposed l.onin& Ordinance Amendment forward to a regular Council meeting in order to request that Council ICbeduJe a public bearing OD die proposal. Prior to Council's Study Session, die F.npwood Plmnin& and l.onin& Commiaion reviewed the proposal on February 6, and Jumary 23, 1996 and voeed uoanin,nqsly to recommend approval of the Planned Unit Development ordinm;e (u amended) to Council. llECQMMENDED ACl'IQN; The City Council is requested to me commen11 from die ('1Jfflffllmity in a publk: bearing on die proposed Planned Unit Development (PUD) z.one district. The Council ii lben requested to schedule a vOle for May 20, 1996, to consider adopCiD& die propmed PUD changes to die Comprehensive Zoning Ordinance. · • I .. I . . 0 , - ' • • • , . • (. BACKGROUND. ANALYSIS. AND ALTERNAJJYA IDEN'lfflED; BACKGROUND-Urvkr current provisions, Englewood requires developers of projects over one acre or over four attached dwelling units to obtain a Planned Development (PD) Overlay approval. The issue is often neither residential density nor land use but in most cues the PD is necessary to obtain site plan review and approval. The current PD ordinance requires that Overlays be consistent with the underlying wne district. Based on s1aff's assessment there are two issues : First, the current PD process is overly complicated for reviewing site plans; and second, the current process is not clearly llllfficient to permit new uses as a rezonin& process. The first problem requires a new property development ordinance for reviewing use-by-ri&ht site plans. Staff bas begun this new process . It is anticipated to be before Planning Commission and City Council later this year. The second problem is resolved wilb the adopCion of the proposed PUD ordinance. ANALYSIS-Staff recommends that Englewood develop mniD& proceuea more appropriate to development requests. Urvkr the propoaed PUD, large land area or complicalled land use proposals would be reviewed in three 11age5 by staff, and two 111p1 by the Planning and Zoning Commission, and City Council. Flnt, the proposed PUD process requires a pre-application conference between staff and developers followed by a staff response to the developer. Second, staff, the Planning and Zoning Commission and City Council would always review the PUD District Plan which establishes the permiaed land uses, locations, and development standards. Tblnl, the propoaed ordinance also requires staff to review all PUD Site Plans and gives discretion to the Planning and Zoning Commission and City Council which may require their review of PUD Site Plans or aulhorize staff to complete the review of specific site plans. The proposed PUD process provides for increaain& levels of decail as the review prosreues, while providing timely answers to developers at specified illlervals in the proceu. The propoaed PUD process provides flexibility to the Planning and Zoning Commmion and City Council to detmnine whether their review of the PUD Site Plan is desirable. The P.UD raoain& process requires developers to design their projects to mitigate impacu idenlified by developers, staff, Planning and Zoning Commission. City Council ud the public. The new PUD process and crileria, together wilh the existing criteria for rezonin&, is llllfficielll to specifically review the land usea and densities approved on the PUD District Plan by the PlanaiDa and l.oaia& Coammion and City Council . A proposed PUD Site Plan DBllt be comialem wilb a PUD Dillrict Plan and will provide sufficient delail to assure that project impacts are adequalely addraaed. QNANCIAL IMPACT; No funds are requested widl this proposal . LISI Qf AUACHMENTS; Proposed Bill for Ordinance Staff Repon Case I OR-96-2 ' "' - .. I . . 0 - - • • 0 I~ ·, - (, COUNCIL COMMUNICATION DATE: May 6, 1996 AGENDA ITEM SUBJECT: Amendment of Comp1ebensive Zoning Ordinance .., I Planned Unit Development (PUD) Ordinance INITIATED BY: Office of Neighborhood STAFF SOURCE: Mark Graham and Business Development Neighborhood Comnmnity Coordinator COUNCQ, GOAL AND PllEVIQUS CQUNCD. ACQON; Q-wMGaal; Comnuurity ln1~raction -Cratin& a development process where cim.ens can express objectives in a Public bearing on sipificlnt development proposal. Crating a process 1bat beaer responds to die market on routine requests. Economic IHve/opmffll -Quality development helps En&lewood promoee illelf as an attractive place to do business. The PUD process DOI only assures die quality development dernandNI by residents but is also market driven so it advances lbe City's pro-busineu commi1meot Pmim Cee:Y Arden; City Council acapred lbe Ordinance for first radiD& on April l, and set lbe public bearing for May 6, 1996. City Council previously considered Ibis propoeed amaw1melll at lbe March 4, 1996 Council Srudy Session. On March 4, die Council dilcusled lbe proposal and recommended changes. Council also directed staff to brin& lbe proposed Zonin& Ordinance Amendmem forward to a regular Council meeting in order to request 1bat Council ICbeduJe a public bearing on lbe proposal . Prior to Council's Srudy Session. lbe En&lewood Planning and l.onin& Commission reviewed the proposal on February 6, and Jmaary 23, 1996 and voeed •1D1nin>oo1ly to recommend approval of die Planned Unit Development ordinance (u amended) to Council. RECOMMENDED ACQON; The City Council is requested to take comments from lbe community in a public bearing on die proposed Planned Unit Development (PUD) zone district . The Council ii then requested to schedule a vote for May 20, 1996, to consider adoptin& die proposed PUD changes to die Comprehensive Zoning Ordinance. · ..... - •, I . . 0 '32xl - - • • 0 - Second rwlinaJia taudmly erhedwed tar Ma,. ID, 1118. ORDU~ANCE NO . _ ~OF1996 BY AUTHORITY COUNCILBILLNO. 19 INTRODUCED BY COUNCIL MEMBER HATHAWAY AN ORDINANCE REPEALING TITLE 16, CHAPTER ,, SECI'ION 15, ENTITLED PLANNED DEVELOPMENT DISTRICT OF THE ENGLEWOOD MUNICIPAL CODE 1985 AND ENACTING A NEW TITLE 16, CHAPTER,, SECTION 15, ENTITLED PLANNED UNIT DEVELOPMENT ZONE DISTRICT. WHEREAS, the current Plaaned l>eYelapmet (PD)..-ia overly complicated and ia Dot IUfficieDt to permit D--in the l"IIIICIIUIII ...-; and WHEREAS, a Plaaned Unit Developmmt (PUD) proc:eu would be more appropriate for a larp land uu or complicated land UH propoaala became of the three stage review of any propoled clevelopmmt; and WHEREAS, a Planned Unit Development (PUD) three •taced review, with criteria for approval, provides for a thorough review of all upec:ta of the proposed development; and WHEREAS, the proposed Planned Unit Development (PUD) proc:eu provides fleJCibility to the PlllJlDUlf and Zoning Comm.inion and the City Council in their review of a propoaed development plan; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sc!;tjgp 1. 'l'be Enflewood City Council hereby repeals Title 16, Chapter ,, Section 15 , entitled Planned Development Diatrict of the En,lewood Municipal Code, 1985 and enacts a new Title 16, Chapter ,, Section 15, mtitled Plaaned Unit Development Zone District, which will read u follows: lM-11: PLANNED VNn' DEYELOPIIBNT (PUD) 7.0NE Dl8TBICI': A . INTENT. THE PLANNED UNIT DEVELOPMENT (PUD) DISTRICT REPLACES THE PLANNED DEVELOPMENT (PD) DISTRICT IN THE ZONING ORDINANCE TITLE OF THE ENGLEWOOD IIUNICIPAL CODE . PD DEVELOPMENTS APPROVED PRIOR TO JULY 1, 1996 SHALL CONTINUE TO BE GOVERNED BY THE RESPECI'IVE D~PMENT PLANS AND THE REGULATIONS OF THE UNDERLYING ZONE DISTRICTS . REZONING APPLICATIONS FOR THE PD ZONE DISTRICT NOT APPROVED BY JULY 1, 1996, SHALL BE REVIEWED ACCORDING TO PUD CRITERIA AND, IF APPROVED, SHALL BE DESIGNATED PUD. NO ADDmONAL PD DESIGNATIONS SHALL BE GRANTED AFTER JULY 1, 1996 . -1- ,,, - • ... I· • 0 I rn ' - • • • • • I • • '· THE PROVISIONS OF TlilS SECTION APPLY TO ALL LANDS, USES, AND STRUCTURES IN OR TO BE REZONED TO THE PLANNED UNIT DEVELOPMENT (PUD) ZONE DISTRICT. THE PUD ZONE DISTRICT IS INTENDED AS AN ALTERNATIVE TO CONVENTIONAL LAND USE REGULATIONS. THE PUD ZONE DISTRICT COMBINES USE, DENSITY, DESIGN AND SITE PLAN CONSIDERATIONS INTO A SINGLE PROCESS, AND SUBSTITUTES PROCEDURAL PROTECTIONS FOR THE REQUIREMENTS OF TlilS SECTION. THE PUD ZONE DISTRICT IS SPECIFICALLY INTENDED TO : 1. PROVIDE DEVELOPMENT CONCEPTS NOT OTHERWISE PERMITl'ED WITHIN CONVENTIONAL ZONE DISTRICTS; AND 2. ENCOURAGE FLEXIBILITY, UNITY, QUALITY URBAN DESIGN, AND DIVERSITY IN LAND PLANNING AND DEVELOPMENT, RESULTING IN CONVENIENT AND HARMONIOUS GROUPINGS OF USES, STRUCTURES AND COMMON FACILITIES; VARIED DESIGN AND SITE LAYOUT; AND APPROPRIATE RELATIONSIUPS OF SPACES TO INTENDED USES AND ADJACENT PROPERTIES; AND 3. PROVIDE THE OPPORTUNITY FOR UNIFIED DEVELOPMENT CONTROL FOR A SINGLE PARCEL OR MULTIPLE PROPERTIES; AND 4. ENSURE CONSISTENCY WITH THE ENGLEWOOD COMPREHENSIVE PLAN ; AND 5. PROVIDE FOR THE PUBLIC HEALTH, SAFETY, INTEGRITY AND GENERAL WELFARE, AND OTHERWISE ACIDEVE THE PURPOSES PROVIDED IN THE PLANNED UNIT DEVELOPMENT ACT OF 1972, TITLE 24, ARTICLE 67, COLORADO REVISED STATUTES 1973, AS AMENDED . B . PURPOSE. 1. REQUESTS FOR ZONING OR REZONING TO THE PUD ZONE DISTRICT SHALL BE F'ILED ON A CITY APPLICATION FORM, TOGETHER WITH ALL PLANS, MAPS AND ANY OTHER INFORMATION AS MAY BE NECESSARY, REASONABLE AND RELEVANT FOR REVIEW BY THE CITY. THE APPLICATION SHALL BE AUTHORIZED IN WRITING BY THE OWNER(S) OR AN AUTHORIZED AGENT . APPLICATIONS IIUST BE SUBMITl'ED WITH FEES WIUCH SHALL BE ESTABLISHED BY COUNCIL RESOLUTION . 2 . PUD APPLICATIONS SHALL ONLY BE CONSIDERED FOR PROPERTIES GREATER THAN ONE-HALF ACRE . 3. PUD APPLICATIONS SHALL GENERALLY BE IN ACCORDANCE WITH THE STANDARDS FOR ZONING OR REZONING PROVISIONS OF THE ENGLEWOOD IIUNICIPAL CODE CE .M.C .), TITLE 16, CHAPTER 3 OF THE E .11 .C .. -2 - .... ., _ I· • 0 , - ]- • • • 0 I • . • ' <. C. PROCESS. THE PLANNED UNIT DEVELOPMENT ZONE DISTRICT REQUIRES THREE STAGES FOR PUD PROJECT REVIEW AND APPROVAL: 1) PRE-APPLICATION REVIEW; 2) PUD DISTRICT PLAN REVIEW AND APPROVAL; 3) PUD SITE PLAN REVIEW AND APPROVAL. 1. PRE-APPLICATION REVIEW: STAFF SHALL REVIEW PRELIMINARY PROPOSALS AND PROVIDE WRITl'EN RECOMMENDATIONS TO POTENTIAL APPLICANTS. NO PROJECT APPROVAL IS IMPLIED OR GRANTED AT THIS EARLY REVIEW STAGE. 2. PUD DISTRICT PLAN: THE PLANNING AND ZONING COMMISSION SHALL MAKE A RECOMMENDATION TO CITY COUNCIL FOR FINAL ACTION ON A PUD DISTRICT PLAN ZONING REQUEST. 3. PUD SITE PLAN : PUD SITE PLANS MAY BE REVIEWED BY THE PLANNING AND ZONING COMMISSION WITH A RECOMMENDATION FOR FINAL ACTION BY THE CITY COUNCIL OR MAY BE REVIEWED AND FINAL ACTION TAKEN BY THE CITY'S DEVELOPMENT REVIEW TEAM (DRT) IF SUCH AUTHORITY IS GRANTED TO THE DRT BY THE CITY COUNCIL AS PART OF THE PUD DISTRICT PLAN APPROVAL. 4. DEVELOPMENT REVIEW TEAM : THE DEVELOPMENT REVIEW TEAM (DRT) SHALL CONSIST OF REPRESENTATIVES FROM CITY DEPARTMENTS AS REQUIRED BY THE CITY MANAGER. THE DRT SHALL BE RESPONSIBLE FOR REVIEWING APPLICATIONS . THE DRT IS ALSO RESPONSIBLE FOR REFERRALS AS APPROPRIATE TO: GOVERNMENT AGENCIES, UTILITIES, NEIGHBORHOOD ORGANIZATIONS, OTHER INTERESTED OR AFFECTED PERSONS OR ORGANIZATIONS. D . PERMITTED USES. THE PUD DISTRICT PLAN SHALL PERMIT ANY USE WHICH IS A PERMITTED USE IN ANY ZONE DISTRICT OF THE CITY , OR AS MAY BE PERMITI'ED THROUGH THE "SIMILAR LAWFUL USE" DETERMINATION PROCESS IF ALLOWED IN THAT ZONE DISTRICT WHEN SUCH USE IS PROVIDED FOR AND APPROVED IN THE PUD DISTRICT PLAN AND WRl'ITEN STIPULATIONS . E . PUD DISTRICT PLAN REQUIRED . APPLICATIONS SHALL BE REVIEWED UNDER THE PROVISIONS OF THIS CHAPl'ER-AND OTHER APPLICABLE CITY, COUNTY, STATE ANDIOR FEDERAL REGULATIONS . 1. PRE-APPLICATION REVIEW : THE APPLICANT SHALL REQUEST A PRE-APPLICATION REVIEW WITH THE CITY PRIOR TO FORMAL SUBMITTAL OF A LAND USE APPLICATION. THIS REVIEW SHOULD TAKE PLACE PRIOR TO ANY SUBSTANTIAL INVESTMENT, SUCH AS LAND ACQUISfflON, SITE AND ENGINEERING DESIGN OR THE PREPARATION OF OTHER DATA . IT IS THE APPLICANT'S RESPONSIBILITY TO PROVIDE -3- ..... ..... .,, - • . • I· • 0 '32 x l - - • • 0 I • • sumCIENTLY DETAILED PLANS AND DESCRIPTIONS OF THE PROPOSAL, FOR STAFF TO MAKE THE DETERMINATIONS REQUIRED IN THIS TITLE . TYPICALLY THE PRE-APPLICATION SUBMl'ITAL INCLUDES A SKETCH PLAN DRAWN TO SCALE SHOWING STRUCTURE ENVELOPES, AND ENVELOPES FOR NON-STRUCTURED USES OF THE PROPERTY SUCH AS PARKING AND LANDSCAPING . A TRANSMITTAL LETl'ER DESCRIBING THE PROJECT AND LAND USE SHOULD ACCOMPANY THE SKETCH PLAN. AS A RESULT OF THE PRE- APPLICATION REVIEW, THE CITY SHALL: A. INFORM THE APPLICANT IN WRITING OF APPLICABLE CITY POLICIES, PLANS, AND REQUIREMENTS AS THEY APPLY TO THE PROPOSED DEVELOPMENT PROJECT; AND B. REVIEW WITH THE APPLICANT THE APPROPRIATE PROCEDURES OUTUNED IN THIS SECTION AND WITlllN THE ZONING ORDINANCE; AND C. DISCUSS WITH THE APPLICANT THE APPROPRIATENESS OF THE PRE-APPLICATION REQUEST WITH RESPECT TO THE POLICIES AND REGULATIONS SET FORTH WITHIN THIS ZONING ORDINANCE AND THE COMPREHENSIVE PLAN; AND D. DISCUSS WITH THE APPLICANT THE ISSUES RELATED TO LAND USE, LANDSCAPING CONCEPTS, AND OVERALL PROJECT DESIGN; AND E . DISCUSS WITH THE APPLICANT THE ISSUES RELATED TO ANY ANTICIPATED IMPACT; AND F. EXAMINE AND REVIEW WITH THE APPLICANT POSSIBLE ALTERNATIVES OR MODIFICATIONS RELATED TO THE PROPOSED APPLICATION . 2. PUD DISTRICT PLAN : THE APPLICANT SHALL SUBMIT FOR CITY REVIEW A MINIMUM OF FIVE (5) SETS OF THE PROPOSED PUD DISTRICT PLAN . A COMPLETE SUBMITTAL SHALL BE AVAILABLE FOR REVIEW NOT LESS THAN FORTY-FIVE (45) BUSINESS DAYS PRIOR TO THE REGULAR PLANNING AND ZONING COMMISSION MEETING AT WHICH THE DISTRICT PLAN WILL BE SUBMITTED TO THE COMMISSION. APPLICATIONS SHALL BE DEEMED COMPLETE omY UPON SUBMITTAL OF ALL REQUIRED INFORMATION . REVIEW WILL NOT OCCUR UNTIL THE APPLICATION IS COMPLETE . THE PUD DISTRICT PLAN SHALL BE SUFFICIENTLY DETAILED TO INDICATE THE GENERAL OPERATION AND APPEARANCE OF THE DEVELOPMENT AND SHALL INCLUDE BUT SHALL NOT NECESSARILY BE LIMITED TO, THE FOLLOWING: A. THE NAME AND LOCATION OF THE PROPOSED DEVELOPMENT; AND -4- , . • . 0 I . • 0 • • • . ,~ • <, B. THE NAMES, ADDRESSES AND PHONE NUMBERS OF THE APPLICANTS, OWNERS, DEVELOPERS AND DESIGNERS OF THE DEVELOPMENT; AND C. DOCUMENTATION CONFlllMING THAT THE APPLICANT HAS LEGALLY SUFFICIENT INTEREST IN THE PROPERTY PROPOSED FOR DEVELOPMENT, OR IS THE DULY AUTHORIZED AGENT OF SUCH A PERSON; AND D. AN AIIERICAN LAND TITLE ASSOCIATION AND AMERICAN CONGBESS ON SURVEYING AND MAPPING, LAND TITLE SURVEY <ALTA/ACSM LAND TITLE SURVEY) AND URBAN CLASSIPICATION; AND E. A PUD DISTRICT PLAN, DRAWN AT A SCALE OF NOT LESS THAN ONE INCH Pill PIFl'Y FBIT (1•.ao') ALONG WITH NORTH ARROW, WIUTl'BN AND GRAPHIC SCALE, OF THE PROPOSED DEVELOPMENT. THE DISTRICT PLAN SHALL BE OF SUFFICIENT DETAIL TO DETEBMINE IMPACTS, BOTH ON AND OFF SITE, THAT IIAY REQUIRE MITIGATION. THE DISTRICT PLAN SHALL ADDfflONALLY SHOW OR STIPULATE THE GENERAL LOCATION, ARRANGEMENT, EXTENT, AND CHARACTER FOR THE FOLLOWING, WHERE APPLICABLE: 1. ADJACENT STREETS AND PROPOSED POINTS OF ACCESS;AND 2. EXISTING ZONING AND LAND USE WITHIN AT LEAST THREE HUNDRED (300) FEET OF ALL PROPERTY BOUNDARY LINES; AND 3. THE EXISTING TOPOGRAPHIC CHARACTER OF THE LAND AND EXISTING NATURAL FEATURES; AND 4. LOCATION AND DESCRIPTIONS OF ANY EXISTING UTILITIES OR EASEMENTS ON THE PROPERTY; AND 5. LOCATION AND SIZE OF PROPOSED LAND USE; AND 8. APPROXIMATE LOCATION AND HEIGHT OF PROPOSED STRUCTURES REFERENCED TO LOWEST FINISHED FLOOR ELEVATION OF THE STRUCTURE; AND ' 7. PARKING PLANS INCLUDING; LOCATION, DRIVE- THRU AND ACCESS POINT, STACKING, DRIVE AISLES, STANDARD PARKING SPACE, DISABLED PARKING, COIIPLIANCE WITH ADA REQUIBEMENTS, LOADING, FIRE LANES, DDIENSIONS, QUANTITY OF PARKING SPACES, AND INTBBNAL CIRCULATION OF PARKING AREAS OR STRUCTURES; AND -5- "' - • .. .. I. • 0 I • .,, --• • t• • ' .. 8 . THE CHARACTER, AND APPROXIMATE LOCATION AND DENSITY OF ALL DWELLING UNITS, IF APPLICABLE; AND 9 . THE APPROXIMATE LOCATION AND AREA OF OPEN AND RECREATION SPACE; AND 10. IDENTIFY CONCEPl'UAL LANDSCAPE PLANS INCLUDING TYPICAL MATERlALS OR CONCEPI'UAL LANDSCAPING AND IRRIGATION CRITERIA IF DIFFERENT FROM CITY OF ENGLEWOOD LANDSCAPING ORDINANCE CRITERIA; AND .. 11. IDENTIFY TRANSITIONAL BUFFER AREAS REQUIRING FENCING AND LANDSCAPING BETWEEN INCOMPATIBLE USES; AND 12. IDENTIFY PEDESTRIAN CIRCULATION ROUTES INCLUDING SIDEWALKS, BUS STOPS, BIKE PATHS; AND 13. DIMENSIONS OF SEPARATIONS BETWEEN BUILDINGS, STREETS, AND OTHER FEATURES; AND 14. AREAS SUBJECT TO 15 YEAR AND 100 YEAR FLOODING, RETENTION AREAS, DETENTION AREAS AND SURFACE DRAINAGE; AND 115. SIGNAGE PLAN INCLUDING; LOCATION, SIZE, ARCHITECTURAL ELEVATIONS AND ILLUMINATION; AND 16. FIRE HYDRANT LOCATIONS; AND 17. TRAFFIC PLAN DESCRIBING EXTERNAL CIRCULATION OF VEHICLES ENTERING OR LEA VINO THE SITE; AND 18 . OTHER ELEMENTS SUCH AS CONCEPl'UAL ARCHITECTURAL AND BUILDING DESIGNS, FACADE TREATMENTS, AND EXTERIOR BUILDING MATERIALS, AS NECESSARY TO ESTABLISH HOW THE PROPOSED PUD ZONE DISTRICT WILL RELATE TO ADJACENT PROPERTIES; AND F . A WRITl'EN STATEMENT GENERALLY DESCRIBING THE PROPOSED PUD AND THE MARKET WHICH IT IS INTENDED TO SERVE; ITS RELATIONSHIP TO THE ., • COMPREHENSIVE PLAN, AND HOW THE PROPOSED PUD I DISTRICT WILL RELATE TO ADJACENT PROPERTY. • • WHERE THE APPLICANTS OBJECTIVES ARE NOT IN SUBSTANTIAL CONFORMANCE WITH THE COMPREHENSIVE PLAN, THE STATEMENT SHALL 0 -6 - • , I - - 3. • • t• • . , '· INCLUDE THE CHANGED OR CHANGING CONDfflONS THAT JUSTIFY APPROVAL OF THE PROPOSAL; AND G. A GENERAL STATEMENT OF THE ANTICIPATED LEGAL TREATMENT OF COMMON OWNERSIUP AND MAINTENANCE OF SUCH AREAS, IF APPIJCABLE; AND H . A GENERAL INDICATION OF THE EXPECTED SCHEDULE OF DEVELOPMENT INDICATING: 1. THE APPROXIMATE DATE WHEN CONSTRUCTION OF THE PROJECT CAN BE EXPECTED TO BEGIN; AND 2. THE STAGES IN WJUCH THE PROJECT WILL BE BUILT;AND 3. THE COMMON AREAS INCLUDING BUT NOT LIMITED TO OPEN SPACE, DRIVE AISLES, PARKING AND SERVICE AREAS THAT WILL BE PROVIDED AT EACH STAGE; AND I . OTHER INFORMATION DEEMED NECESSARY, REASONABLE, AND RELEVANT TO EVALUATE THE APPLICATION . CITY REVIEW : A. B. UPON COMPLETE SUBlll'l'TAL, THE CITY SHALL REVIEW THE PUD DISTRICT PLAN FOR COIIPIJANCE WITH THE PROVISIONS OF THIS CIIAP'l'Ell. THE CITY SHALL FORWARD WRrn'EN UCOIOIENDATIONS TO THE PLANNING AND ZONING COIIMISSION AND SHALL SCHEDULE A PUBIJC HEARING WITHIN FORTY-FIVE DAYS OF RECEIVING A COMPLETE SUBlll'l'TAL. THE PLANNING AND ZONING COIIMISSION SHALL FORMALLY CONSIDER THE DISTRICT PLAN IN A PUBIJC HEARING. THE PLANNING AND ZONING COIIMISSION SHALL MAKE THE FOLLOWING FINDINGS: 1. THE PUD DISTRICT PLAN IS, OR IS NOT, IN CONFORMANCE WITH THE DISTRICT PLAN REQUIREMENTS AND THE COMPREHENSIVE PLAN ; AND 2. ALL REQUIRED DOCUMENTS, DRAWINGS, REFERRALS, RECOIOIENDATIONS, AND APPROVALS HAVE BEEN RECEIVED; AND 3. THE PUD DISTRICT PLAN IS CONSISTINT WITH ADOPTED AND GENERALLY ACCEPTED STANDARDS OF DEVELOPIIBNT IN TIii CITY OF INGLBWOOD; AND -7 - ,. - • .. I . • 0 I - • • • "· THE PUD DISTRICT PLAN IS SUBSTANTIALLY CONSISTENT WITH THE GOALS, OBJECTIVES, DESIGN GUIDELINES, POLICIES AND ANY OTHER ORDINANCE, LAW OR REQUIREMENT OF THE CITY; AND 5. WHEN .THE PUD DISTRICT PLAN IS WITHIN THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY (EDDA) AREA, THE PLAN IS CONSISTANT WITH THE EDDA APPROVED DESIGNS, POLICIES AND PLANS . C. THE PLANNING AND ZONING COMMISSION SHALL FORWARD THE DISTRICT PLAN TO THE CITY COUNCIL WITHIN FORTY-FIVE DAYS AFTER THE PLANNING AND ZONING COMMISSION'S FORMAL CONSIDERATION OF THE PUD DISTRICT PLAN, ALONG WITH A RECOMMENDATION THAT THE DISTRICT PLAN BE APPROVED, APPROVED WITH CONDITIONS , OR DENIED BASED UPON THE COMMISSION'S FINDINGS UNDER (E ){3 ){B) OF THIS SECTION. D. UPON RECEIPI' OF THE PLANNING AND ZONING COMMISSION'S RECOMMENDATIONS, THE COUNCIL SHALL TAKE ACTION TO APPROVE, APPROVE WITH CONDITIONS, OR DENY THE PUD DISTRICT PLAN, TAKING INTO ACCOUNT THE CRITERIA LISTED IN (E){3)(B) OF THIS SECTION. IF APPROVAL IS GRANTED, THE COUNCIL SHALL ALSO DETERMINE WHO WILL HAVE APPROVAL AUTHORITY FOR THE PUD SITE DEVELOPMENT PLAN . E. THE PUD DISTRICT PLAN AND DOCUMENTS SHALL BE EFFECTIVE THIRTY (30) DAYS AFTER FINAL COUNCIL APPROVAL . F . THE APPLICANT SHALL PROVIDE TWO REPRODUCIBLE COPIES OF ALL SHEETS ON MYLAR WITH ORIGINAL SIGNATURES IN INK. ONE COPY OF THE DOCUMENTS WILL REMAIN ON FILE WITH THE CITY OF ENGLEWOOD, THE OTHER WILL BE RECORDED AT ARAPAHOE COUNTY. RECORDING FEES MUST BE SUBMITTED WITH THE DOCUMENTS AND THE DOCUMENTS SHALL INCLUDE SIGNATURE BLOCKS FOR THE ARAPAHOE COUNTY CLERIC AND RECORDER . F . AMENDMENT. THE TERMS, CONDITIONS , THE ADOPTED PUD DISTRICT PLAN AND DOCUMENTS MAY BE CHANGED AND/OR AMENDED IN WHOLE OR IN PART FROM TIME TO TIME AS PROVIDED IN THIS SECTION. 1. MINOR MODIFICATIONS TO THE PUD DISTRICT PLAN . THE CITY MANAGER OR IUS DESIGNEE MAY APPROVE MINOR MODIFICATIONS IN THE LOCATION, SIZING AND HEIGHT OF STRUCTURES OR FACILITIES IF REQUIRED BY ENGINEERING OR -8 - .... ,, - I . • 0 '32xl - • • • - OTHER CIRCUMSTANCES NOT FORESEEN AT THE TIME THE PLANNED UNIT DEVELOPMENT DISTRICT PLAN WAS APPROVED SO LONG AS NO MODIFICATION VIOLATES ANY STANDARD OR REGULATION SET FORTH IN THIS SECTION. 2 . MAJOR MODIFICATIONS TO THE PUD DISTRICT PLAN . MAJOR MODIFICATIONS MAY BE MADE TO THE APPROVED PLANNED UNIT DEVELOPMENT DISTRICT PLAN PURSUANT TO THE SAME LIMITATIONS AND REQUIREMENTS BY WlDCH SUCH PLANS AND DOCUMENTS WERE ORIGINALLY APPROVED AS PROVIDED WITHIN THIS SECTION. G . APPEAL -PUD DISTRICT PLAN. THE APPLICANT MAY APPEAL ANY DETERMINATION OR ACTION TAKEN BY THE CITY UNDER THIS CHAPTER TO AN ARAPAHOE COUNTY COURT OF COMPETENT JURISDICTION AS TO WHETHER THE CITY COUNCIL'S FINDINGS WERE ARBITRARY AND CAPRICIOUS. IF THE DECISION OF THE CITY COUNCIL IS FOUND TO BE ARBITRARY AND CAPRICIOUS, THE CITY COUNCIL SHALL REVIEW THE MATTER AGAIN. SAID APPEAL TO THE COURT MUST OCCUR WITHIN 30 DAYS OR SHALL BE TIME BARRED . H . PUD DISTRICT PLAN REVERSION. PUD DISTRICT PLAN ZONING SHALL REVERT TO THE PREVIOUS ZONING THREE YEARS AFTER COUNCIL APPROVAL IF THE CITY DETERMINES THAT NO SUBSTANTIAL PROGRESS HAS BEEN MADE TO DEVELOP THE SITE ACCORDING TO THE APPROVED PUD DISTRICT PLAN . SUBSTANTIAL PROGRESS SHALL BE DEEMED TO MEAN APPROVAL OF A PUD SITE PLAN AND ISSUANCE OF A BUILDING PERMIT. APPLICANTS MAY REQUEST FROM THE PLANNING AND ZONING COMMISSION A ONE YEAR EXTENSION. I . PUD SITE PLAN REQUIRED. 1. PUD SITE PLAN: AFTER OR CONCURRENT WITH THE REVIEW OF THE PUD DISTRICT PLAN, THE APPLICANT SHALL SUBMIT FOR CITY REVIEW A MINIMUM OF FIVE (5) SETS OF THE PROPOSED PUD SITE PLAN. A COMPLETE SUBMITTAL SHALL BE AVAILABLE FOR REVIEW NOT LESS THAN THIRTY (30) DAYS AFTER FINAL APPROVAL BY THE CITY COUNCIL. APPLICATIONS SHALL BE DEEMED COMPLETE ONLY UPON SUBMITTAL OF ALL REQUIRED REVIEW INFORMATION . REVIEW WILL NOT OCCUR UNTIL THE APPLICATION IS COMPLETE. THE PUD SITE PLAN SHALL INCLUDE THE ENTIRE AREA APPROVED BY THE PUD DISTRICT PLAN . THE PUD SITE PLAN MAY CONSIST OF ONE OR MORE STAGES, PROVIDED HOWEVER, THAT THE APPROVAL OF ANY ONE STAGE MAY BE CONTINGENT ON IMPROVEMENTS THAT INVOLVE OTHER OR ALL STAGES. THE PUD SITE PLAN SHALL BE SUfflCIENTLY DETAILED AND SHALL CONTAIN SUCH INFORMATION AND DOCUMENTATION TO FULLY INDICATE THE ULTIMATE OPERATION AND APPEARANCE OF THE PROJECT AND SHALL INCLUDE BUT, NOT NECESSARILY BE LIMITED TO, THE FOLLOWING : -9- • . • I . • 0 • II - -• . . • t• • A. ADEQUATE DESIGN OF GRADES, PAVING, GUTl'ERS, DRAINAGE AND ACCESS POINTS ON ADJACENT PUBLIC OR PRIVATE STREETS. PROPER ARRANGEMENT OF SIGNS, LIGHTING DEVICES, LANDSCAPING AND STRUCTURES WITH RESPECT TO TRAFFIC-CONTROL DEVICES, TRAFFIC SITE DISTANCE AND ADJACENT RESIDENTIAL AREAS; AND B. A STATEMENT OF ZONING AND LAND USE ON SUBJECT AND ADJACENT PROPERTIES; AND C. A PLAN FOR THE ADEQUATE TREATMENT OF ON-SITE DRAINAGE TO HANDLE STORM WATER FLOWS, PREVENT ... EROSION, PLANS TO MINDIIZE THE FORMATION OF DUST DURING AND AFTER CONSTRUCTION, TO IIINIMIZE ADVERSE DIPACl'S OF DRAINAGE AND GRADING TO ADJACENT PROPERTIES AND TO PROVIDE APPROPRIATE TREATMENT OF EXISTING NATURAL FEATURES; AND D. THE LOCATION, DIMENSIONS AND DESCRIPTIONS OF ALL UTILITIES OR EASEMENTS ON THE PROPERTY; AND E . WITH MULTIPLE USES, PROVIDE A LAND USE SCHEDULE LISTING PERMITl'ED LAND USES AND THE AREA DEVOTED TO EACH;AND F . A PLAN SHOWING STRUCTURE LOCATIONS, GROSS FLOOR AREA. FINISHED FLOOR ELEVATION, AND BUILDING HEIGHTS. AND, ADEQUATELY IDENTIFING BUILDINGS , PARTICULARLY IN PROJECTS WHERE TWO (2) OR MORE BUILDINGS USE ONE STREET ADDRESS OR WHERE TWO (2) OR MORE BUILDINGS ARE LOCATED ON PRIVATE STREETS OR DRIVES. SITES WITH MULTIPLE BUILDINGS REQUIRE THE FOLLOWING: 1. THE INSTALLATION OF TEMPORARY SIGNS IDENTIFYING EACH INDIVIDUAL BUILDING AT THE BEGINNING STAGE OF ITS CONSTRUCTION; AND 2 . THE INSTALLATION OF PERMANENT IDENTIFYING SIGNS ON EACH BUILDING WHICH WILL ALLOW QUICK IDENTIFICATION BY IJIERGENCY SERVICE PERSONNEL AND VISITORS; AND 3. THE INSTALLATION OF LEGIBLE MAPS AT THE MAIN VEHICLE ENTRY POINTS AND/OR SIGNS SHOWING ALL PRIVATE STREETS OR DRIVES AND THEIR ALIGNMENT THROUGHOUT THE PROJECT ; AND I G. PARKING PLANS INCLUDING : DRIVE AISLES, nBE LANES , • • PARKING SPACES, LOCATIONS, DIMENSIONS, SPECIALLY DESIGNATED SPACES FOR LOADING OR THE DISABLED, SCHEDULE OF REQUIRED AND PROVIDED SPACES, COMPLIANCE WITH ADA REQUIREMENTS, AND PLANS OF 0 -10- • I • • • .. THE INTERNAL ClllCULATION OF PARKING AREAS OR STRUCTURES; AND H. A SCHEDULE OF DWELLING UNITS (IF APPUCABLE) BY BUILDING, NUMBER OF BEDROOMS, AND DWELLING UNIT DENSITY BASED ON UNITS DIVIDED BY ACRES OF NET LOT AREA REMAINING AFTER RIGHT-OF-WAY DEDICATIONS; AND I. A PLAN SHOWING THE LOCATION AND AREA OF OPEN AND RECREATION SPACE, INCLUDING ADEQUATE AMOUNTS AND SAFE LOCATIONS OF PLAY AREAS FOR CIULDREN AND OTHER RECREATIONAL AREAS ACCORDING TO THE .. CONCENTRATION OF OCCUPANCY IN RESIDENTIAL AREAS; AND J . THE FINAL LANDSCAPE PLANS INCLUDING MATERIAL SCHEDULE LISTING QUANTITIES, SPECIES, COMMON N~. MINIMUM SIZE AT PLANTING, AREA CALCULATIONS FOR REQUlllED AND PROVIDED LANDSCAPE AREA AND lllRIGATION PLANS, INCLUDING DETAILS AND CROSS- SECTIONS . THE PROVISIONS OF ANY SPECIFIC LANDSCAPING CRITERIA APPROVED IN THE PUD DISTRICT PLAN THAT DIFFERS FROM THE CITY OF ENGLEWOOD LANDSCAPING ORDINANCE SHOULD BE CITED ON THE PUD SITE PLAN; AND K. A PLAN SHOWING FENCES, WALLS OR YEAR-ROUND NATURAL SCREEN PLANTING AND LANDSCAPING WREN NECESSARY TO SHIELD ADJACENT RESIDENTIAL AREAS FROM COIOIERCIAL. INDUSTRIAL AND PARKING AREAS; AND L. A PEDESTRIAN ClllCULATION PLAN INCLUDING SIDEWALKS, PATHWAYS AND INDICATING MATERIALS AND DIMENSIONS; AND M. A PLAN SHOWING DIMENSIONS OF SEPARATION BETWEEN BUILDINGS, STREBTS, AND OTHER FEATURES; AND N. A PLAN SHOWING AREAS SUBJECT TO FLOODING FROM A MAJOR STORK INCLUDING THE 5 YEAR AND 100 YEAR STORMS, DETENTION AND RETENTION AREAS AND PROVISIONS FOR CONTROLLED RELEASE OF WATER FROM DETENTION OR RETENTION AREAS FOLLOWING A MAJOR STORM ; AND 0 . A SIGNAGE PLAN SHOWING LOCATION, SIZE, MATERIAL ,; AND LIGHTING OF SIGNS INCLUDING SPBCIJl'ICALLY I • • ADOPTED REVIEW CIUTBRIA WHERE APPUCABLE; AND P. PUBLIC AMEN1TIBS THAT MAY BE INCLUDED IN THE DEVELOPMENT PROPOSAL; AND 0 -11- • I 2xl - 2. • 3. • • 0 :• • Q. OTHER ELEMENTS SUCH AS ARCIUTECTURAL CONCEPI'S, BUILDING ELEVATIONS, FACADE TREATMENTS, AND EXTERIOR BUILDING ll(ATERIALS, AS NECESSARY TO ESTABLISH HOW THE PROPOSED PUD USES AND STRUCTURES RELATE INTERNALLY AND/OR TO THE NEIGHBORING PROPERTIES. CITY REVIEW . A . AS STATED WITHIN THE APPROVED PUD DISTRICT PLAN AUTHORIZED BY COUNCIL, THE PLANNING AND ZONING COMMISSION AND THE CITY COUNCIL OR THE DEVELOPMENT REVIEW TEAM <DRT) SHALL EVALUATE THE PUD SITE PLAN FOR CONFORll(ANCE WITH THE APPROVED PUD DISTRICT PLAN AND THE PUD SITE PLAN CRITERIA HEREIN. THE REVIEWING AUTHORITY SHALL REVIEW THE SITE PLAN AND SHALL MAKE THE FOLLOWING FINDINGS : 1. THE PUD SITE P~ IS, OR IS NOT, IN CONFORll(ANCE WITH THE DISTRICT PLAN REQUIREMENTS ; AND 2. ALL REQUIRED DOCUMENTS, DRAWINGS, REFERRALS, RECOMMENDATIONS, AND APPROVALS HAVE BEEN RECEIVED;AND 3. THE PUD SITE PLAN IS CONSISTENT WITH ADOPI'ED AND GENERALLY ACCEPTED STANDARDS OF DEVELOPMENT WITHIN THE CITY OF ENGLEWOOD; AND ,. THE PUD SITE PLAN IS SUBSTANTIALLY CONSISTENT WITH THE GOALS, OBJECTIVES AND POLICIES AND/OR ANY OTHER ORDINANCE, LAW OR REQUIREMENT OF THE CITY . B . THE REVIEWING AUTHORITY SHALL RETURN ONE OR MORE COPIES OF THE PUD SITE PLAN TO THE APPLICANT, MARKED TO SHOW APPROVAL, APPROVAL WITH CONDmONS, OR DENIAL . THE ORT SHALL, WHEN THE SITE PLAN IS APPROVED, BUT NOT PRIOR TO THE RECORDING OF THE APPROVED PUD DISTRICT PLAN AND DOCUMENTS, RECORD A COPY OF SUCH PORTIONS OF THE PLAN AS MAY BE APPROPRIATE IN THE OfflCE-OF THE COUNTY CLERK AND FILE A COPY WITH THE CITY. MINOR MODIFICATIONS TO PUD SITE PLAN : THE CITY THROUGH THE ORT MAY AUTHORIZE MINOR DEVIATIONS FROM THE PUD SITE PLAN WHEN SUCH DEVIATIONS APPEAR NECESSARY IN LIGHT OF TECHNICAL OR ENGINEERING CONSIDERATIONS . MINOR DEVIATIONS SHALL NOT BE PERMITTED IF ANY OF THE FOLLOWING CIRCUMSTANCES RESULT : .. - -12- D I . . 0 ,. -• -. (• • • A. A CHANGE IN THE CHARACTER OF THE DEVELOPMENT; OR B. A CHANGE IN THE LAND USES; OR C. A CHANGE IN THE GENERAL LOCATION OF LAND USES; OR D. AN INCREASE IN THE MAXIMUM HEIGHT OF ANY BUILDING OF MORE THAN FIVE PERCENT (5,.l; OR E. AN INCREASE IN THE NUMBER OF DWELLING UNITS, OR IN THE RATIO OF THE GROSS FLOOR AREA OF STRUCI'URES TO THE LAND AREA, OR INCREASES IN THE PROPOSED .. GROSS FLOOR AREA WITIUN ANY PARTICULAR LAND USE OF MORE THAN TWO PERCENT (~); OR F . A REDUCTION IN THE SETBACKS FROM PROPERTY IJNES; OR G . AN INCREASE OF MORE THAN TWO PERCENT (2,.) IN GROUND COVERAGE BY STRUCl'URES OR SURFACE PARKING; OR H. A REDUCTION BY MORE THAN TWO PERCENT (~) IN THE LAND AREA DESIGNATED FOR LANDSCAPING; OR I . A REDUCTION IN THE RATIO OF OFF-STREET PARKING AND LOADING SPACE TO GROSS FLOOR AREA OR NUMBER OF DWELLING UNITS IN STRUCI'URES; OR J . A CHANGE AFFECl'ING THE ACCESS FROM AND THROUGH PUBLIC RIGHTS-OF-WAY; PlrOVIDED, HOWEVER, THAT CURB CUT LOCATIONS MAY SHIPT UNLESS SPECIFICALLY ESTABLISHED BY THE DISTRICT PLAN. 4. SITE PLAN AMENDMENTS : ALL PUD SITE PLANS APPROVED AND RECORDED HEREUNDER MAY ONLY BE AMENDED PURSUANT TO THE SAME PROCEDURE AND SUBJECT TO THE SAME LIMITATIONS AND REQUIREMENTS BY WHICH SUCH PLANS WERE APPROVED . J . APPEAL • PUD SITE PLAN . 1 . THE APPLICANT MAY APPEAL ANY DETERMINATION OR ACTION TAKEN BY THE CITY UNDER THIS CHAPTER. TO AN ARAPAHOE COUNTY COURT OF COMPETENT JURISDICTION AS TO WHETHER THE CITY COUNCIL'S FINDINGS WERE ,, ARBITRARY AND CAPRICIOUS. IF THE DECISION OF THE CITY I COUNCIL IS FOUND TO BE ARBITRARY AND CAPRICIOUS, THE • • CITY COUNCIL SHALL REVIEW THE MATl'ER AGAIN . SAID APPEAL TO THE COURT MUST OCCUR WITHIN 30 DAYS OR SHALL BE TIME BARRED . 0 -13- • - ]- • • 0 I~ • 2. THE APPLICANT MAY APPEAL ANY DETERMINATION OR ACTION TAKEN BY THE DRT UNDER TIUS CHAPI'ER TO THE PLANNING AND ZONING COMMISSION. THE PLANNING AND ZONING COMMISSION SHALL MAKE A FINDING OF WHETHER THE DETERMINATION OR ACTION OF THE DRT WAS ARBITRARY AND CAPRICIOUS. IF A FINDING IS MADE THAT THE DR'rS DETERMINATION OR ACTION WAS ARBITRARY AND CAPRICIOUS THEN SUCH DETERMINATION OR ACTION SHALL BE OVERTURNED. THE DECISION OF THE PLANNING AND ZONING COMMISSION MAY BE APPEALED TO AN ARAPAHOE COUNTY COURT OF COMPETENT JURISDICTION AS TO WHETHER THE PLANNING AND ZONING COMMISSION'S FINDINGS WERE ARBITRARY AND CAPRICIOUS. IF THE DECISION OF THE PLANNING AND ZONING COMMISSION IS FOUND TO BE ARBITRARY AND CAPRICIOUS, THE PLANNING AND ZONING COMMISSION SHALL REVIEW THE MATTER AGAIN . SAID APPEAL TO THE COURT MUST OCCUR WITHIN 30 DAYS OR SHALL BE TIME BARRED . 3 . NOTICE OF APPEAL. APPELLANTS SHALL FILE AN APPEAL FROM A DRT DECISION ON A CITY APPLICATION FORM AND SHALL SPECIFICALLY STATE THE BASIS OF THE APPEAL . AN APPEAL SHALL BE FILED WITHIN 15 DAYS AFTER THE FINAL DATE OF A SPECIFIC DETERMINATION OR ACTION . NOTICE OF AN APPEAL FROM A DECISION OF THE DRT HEARING SHALL CONFORM TO THE MANNER IN WHICH THE ORIGINAL NOTICE FOR THE APPLICATION WAS GIVEN. THE APPELLANT SHALL BE RESPONSIBLE FOR ALL NOTICING MATERIALS REQUIRED IN THE ORIGINAL APPLICATION. Sec;tion 2. Wctx CJau111 The City Council, benby ftnda, determin•, and declares that this Ordinance ii promulcated under the pneral police power of the City of Englewood, that it ii promulcated for the bealth, safety, and welfare a( the public, and that this Ordinance ii neceuary for the preservation of bealth and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bean a rational relation 1D the proper legislative object sought to be obtained. Section 3. SeverabjJjty If any clause, sentence, parqraph, or part of this Ordinance or the application thereof ID any person or cil'CWD1tance1 ahall for any reuon be adjud1ed by a court of competent jurisdiction invalid, IUCb judpent shall not affect impair or invalidate the remainder of thil Ordinance or itl application to other persona or circumltanc:n. Ses;tjon ,. Inc:ooli•tent Ordjnanc:ee All other Ordinancn or portiom thereof inconsistent or conflicting with this Ordinance or any portion hereaC are hereby repealed to the utent of 1uch incomiltency or conflict. Ses;tjpn 5. Mut o( repeal gr mpdjfic:atjpn The repeal or modification of any provision of the Code of the City of Enslewood by thia Ordinance ahall not releaae, eninpi1h, alter, modify, or chanp in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which ahall have a,-incurred under 1uch provision, and each provision ,hall be treated and held u atill remainin1 in force for the purpoNI of 1uatainin1 any and all proper actiona, auita, proceeclinp, and -14- I' - ... 0 I . • 0 • • • ~- proeec:utiom for die mlorcement ol the penalty, bfeitwe, or liability, M well M for the purpme ol luataiDiD( u:, judpMnt, UCl'N, GI' order wbic:h -GI' may .. rendered, mterecl, or made iD IUCh adiw, Rita, procwiDp, or ~- Seclim &. flulu. 'lbe Pmalt:, ProriliGD olE.11.C. Sedioll l+l lball apply to each and rruy violation or tbia Onlblallce. Introduced, read iD fllll, and ...-l cm tint rNdiDa cm the lat clay ol April, 1998. Publiabecl M a Bill f'or an OrdiDaDcl cm the 4th clay ol April, 1998. A Public BeariDI WM held cm Ila:, I, 1111. Read by title and pMNd cm 8Dal rNdiDa cm tbe __ clay ol _ 1998. Publiabecl b:, title • OrdiDaDcl No. _. S.. ol 1998, cm tbe_ clay ol ---· 1998. 'l'homaa J . Burm, Ila,- ATTEST: Loucriahia A. EW., City Clerk I, Loucriabia A. Ellia, City Cl.t oldie City ol.....,_., Colando, a..b:, certif:, that the abcwe wt..._.., ii a tr. IIIP1 oldie ONII nm,...... 8Dal rudiq and publilbad b:, title u OrcllDnel No. _. S.. ol 1998. -15- , ' ' . •. ... I . . 0 I 't? I - ] Gillallllllil • • . • ' (, Staff Report To : Englewood Plannin& and Zonin& Commission Tbru : Robert Simpson, Mwpr, Neipborhood and Businea Dewlopment From : Mlrlt Graham, Neipborhood Comnamity Coordinator Date : February 2, 1996 S.bject: REQUEST PC Date: February 6, 1996 Pluaed Uait Dffllop••t (PtJD) ZNe Diltrict EqlewNCI Coap......._,.__. OnllauceA•wla•t Cue# OR H-02 (Conmued &om Jmaary 23, 1996) The request before the Englewood Planning and Zoning Commission is for the approval of a Planned Unit Development (PUD) zone district, u reviled . After your review, comment and approval staft"will forward the PUD ordinance to City Council for approval . Council approval of the PUD zone district ordinance will amend Englewood's Comprehensive Zoning Ordinance . Find attached a copy of the draft, cmKd Planned Unit Development zone dillrict ordinance for your consideration. RECOMMENDATION 1. Staff' recommends that the Englewood Plannina and Zoning Commission approve the attached Planned Unit Development (PUD) zone district u an amendment 10 Enpwood's Comprehensive Zoning Ordinance . 2. Staff recommends that the Plannina and Zonina Commission recommend to City Council approval of the zoning amendment . BACKGROUND The proposed PUD ordinance hu been reviled in response to Englewood Plannin& and Zoning Commission comments at the January 23, 1996 Public ffearina. Sllft'hu added provisions for appeal, zoning and site plan reversion, design consideration, and model findings . Staff' reviled other provisions, includina : waiver ofsubmiual requirements and the authority ofthe Commission to review both the PUD District Plan and by request, the PUD lite plan . Other revi1iom are based on funher research into similar ordinances of adjacent cities and contnenu received &om other City depanments . ... II - . ' < .. I . . 0 I - - • • • • ,~ • <. REVISIONS Six sisnificant revisions are addressed in the revised PUD Ordinance . nose revisions are listed below with a brief commentary about each. 1. Almal -Appeals to staff decisions about a project may be made to the Plannina and Zoning Conuniuion (PZC). Appeals to PZC decilions on PUD requirements may be made to the City Council . City Council decisions may be appealed to the c:ouru. 6' - 2. lleveaion ClauB. PUD District Plan zonina lhall revert to the preYioul zonina two years after Council approval if the City determines that no IUblcantial propeu bu been made to develop the lite accordina to the approved PUD Distric:t Plan . Propeu sball be deemed to mean approval of a PUD Site Plan or iuuance or a BuiJdina Permit. Applicants may request a one year extension. The Pllnnina and Zonina Commiuion may determine whether substantial propas is evident bued on the information praented with the application. PUD Site Plan shall become mill and void two years after Planning Conuniuion approval if the City determines that no substantial propas has been made to develop the lite according to the approved PUD Site Plan . Proaress shall be deemed to mean iuuance of a Building Permit within a two year period . Applicants may request a one year extension. The Planning and Zoning Conuniuion may determine whether substantial progress is evident based on the information presented with the application . 3. Submjttal Reguimncms . The authority to waive submittal requirements ii more clearly defined . On PUD District Plans and Site Plans that require PZC review, staff may only make recommendations to the PZC to waive IUbmittal requjrements. The final decilion ii up to the PZC which may acc:ept or revise thole requirements at their haring. For PUD Site Plans requiring administrative review, staff may waive submittal requirements if they determine that they are not applicable or otherwise unnecessary for the review or a specific project. In both cues staft'nust explain their decision in writing to the PZC when any submittal requirements are waived. 4 . Paian Review . Staff's authority to review desipt issues ii stated explicitly . Stafl'may review architectural elevations and buildina materials, landlcape plans and materials, and may approve, condition approval on chanps. or deny plan approval if the daiplS or materials are inappropriate . S. Qwncrshjp . A provision has been ldded that requires all c:onaauou property under one ownership be included in a PUD application . 6 . fiodioas for Approyal . The PZC lhall make findinp for approval of the District Plan and Site Plan and may add others deemed appropriate baaed on the information contained in the documents and statements at the public hearina . ... 2 ~ . .. I . • 0 I - - • • • • ... NOTIFICA 110N Nolice of this Enpwood Comprebemive Zoaiaa Oldilllllce amendment WU published witbin the Enpwood Herald I IIIQPffllllll of 15 days before this Jllanninl and Zoail'I Co;mi•POII pulllic ....... cc : ltabert Simplan, Mmpr Cue# Oll 96-01 File aatacbment Planned Unit Dewlopmenl (PUD) onliawe 11:· ............ ... , . ' • I •, • I . . 0 , ~,..VI - - ·, PROOF OF PUBLICATION lHE ENGLEWOOD HERALD STATE OF COLORADO l • oa.NTYOFARAPAHoE ,,ca.,..,J.~do~-- ........ Aw 57 VMIIAlllllfwof h&u7 Gad,,.., ......... • ..., ........ ---In .. ~ of LIIIIIDn In .. eour., of _.,. .. Slale of CD:14 .. , and ha a ...... dlaM:lnhlwl; ..... ,. '"* ... been published ~ and ........ lnllldCialftrd ........ far a pe,iad d mn 1w112 ..... lllarto .... ~d ...... ..... .. -.............. In .. Pall oac. of~ Qlli -.... clan mall matter and that Ille Mid PIWlpaper II a PIWlplpir Wlt*I .. meaning of lhe act of Ille General AINmbly of the Stale of a....._ IIPPftMd MM:11 30, 1123, and .ad ,._ Nallcll and~ n other ICII ,.latlng to Ille PflPIIPa apd ~ Of legal notice ancf was ...... '" ............ of 111d IWlplplt; once ..:t'l 1111111k, CIR b JlfflJdird..:t'IWNk. for. period of ............... !... ............... : COnaecutlve IPNftlona: ..... the flrlt Nld notice was IP the ~.~ ... 119~ PNcallon of said POiee wa In lhe laue of Mid naa,s...., Subler~ and IWOffl to belont 6{J me,• Nota,y Pubic. lhla ..... f.-. ... _. . . ..... 111? • "' -. , • .. I . . 0 '--. I - • PROOF OF PUBLICATION THE ENGLEWOOD HERALD STAlE OF COLORADO OCl.MYOFARAPAHOE '· Girad J. ~ do IOlllnny .... ... I 111'1 .. n, 5 41tW Md "'*'-'d .. SWJ1b Ml,,_,,, ..... lal'lt II a--,.......,. SUllltm In,. Cly of LIIIIDn In .. Counly of -..,.., Stale of Qiijo,... • 111d ,-a 91f11f11 ciaMDn lwNln;...... J1'Jii ha been published contl...,.,aly and ......... lnllld~d..-.. IDr apatadd men hrl 52 ..... prlarto .... ~al ....... ..... ... • ........ .. ..... In .. Alai oace a1 ~ Qlfi • • aDld clua mal maner and that the laid .......... newapaper wllNn the -.::S of the act of the General Aaey of the Stale of Colatado, ippllll,Wed MMtl 30, 1823, and ...... ,._ Nabl 111d AMrllNmera" and Olher acts Nlallng to the pr1rlllng apd publshing of legal notice and •• SUllltmln ............ al 111d ns "*· ora .:ti~ on,. lal'ltdirde&t'IWNk. for a period of ..••...•....••. /... ••....••••••••. : COIINCUllve lnleltlonl: that the first publication of laid notice WU In the ?7.!~~~.:: ... 119.J; ~~Nca:lon of laid nob wa In t,e 1111,e of Mid ne...,... Subscribed and awom to beb9 bil) me, a Nocary Pubic, 1h11 ..... f.:. ... _. . . ..... 11f? • • • .. I. • 0 - - • • ORDINANCE NO. _ SERIES OF 1996 ·. • . ~ • .. BY AUTHORITY ABll.LFOR COUNCIL BILL NO. 2' INTRODUCED BY COUNCIL MEMBER _____ _ AN ORDINANCE AUTHORIZING AN INTDOOVERNMENTAL AGREEMENT BETWEEN THE UNITED STATES DEPARTMENT OF THE INTERIOR GEOLOGICAL SURVEY AND THE CITY OP ENGLEWOOD, COLORADO ENTITLED "DEPAll'l'IIENT OF THE INTERIOR GEOLOGICAL SURVEY JOINT FUNDING AGREEMENT FOR WATER RESOURCES INVESTIGATIONS.• WHEREAS, a 111:ream flow pp wbicb ii apantad ad maintaiDad by tbe U.S. Geoqical Survey (USGS) bu bem ill opantioD liDce 1990 at Unima A..aua ad tbe Soatb Plat:ta Rmr; and WHEREAS, the illformatiall 1nm tbe pp ii critical clurin, low flow parioda to clatarmine if water muat be releuecl lram Cbadeld B111ruaia, ad WHEREAS, tbe data pnmded by tm PliDl ltatim ia required by tbe State Water Commiuioner ill order to mab NINw 1nm Cbadeld llwnoir duriq low flow aituationa ill which illnflic:imt watar ia available to meet pumpinc demanda at UDian Avenue Pump Statian; ad WHEREAS, tbe Bqlewood Dlputmmt afUtilitiaa llww ill tbe auual amt ofopantiq and mailltaillillf tbe Dtian an a IIO percmt buia, with tbe rmiainill1 IIO parclllt cantribut.ecl bytbeUSGS; NOW, THEREFORE, BE IT OBDAJMBD BY THE CITY COUNCIL OP 'l'RE CITY OP ENGLEWOOD, COLORADO, .AS POU.OWS: h;ticp 1. Tbe "Depm1aNnt oftm IDtlriar Oeoqical Smwy Jaint hDdins Apwnmt For Wat.er e.oun. bt'l"lltiptime" ___. • "Elddllit A•, with tbe Unitad 8tataa Department ottbe bttariar Gealasical Smwy ia ..._,...,... ad ilh*-•• by tbe Eqlewoocl City Comlcil. Tbe Mays ia aatbariad to mcatll and tbe City a.rt to .... and Mal tbe Acreement fur ad an bebalf' of tbe City of..........., Colmwlo. bttroduced, read ill full, ad...-an tint nadinr Oil tbe Ith day ofll-,, 1111 . ' ' .. • . . • • 0 - • ( I I Date May&, 1996 INITIATED BY Utilities Department ,, -• • • . . ... COUNCIL COMMUNICATION 10 a i Subject Gaging Station al Union Ave . &S.PlalteRiver STAFF SOURCE St8wart H. Fonda, Dnctar of Utilltin COUNCIL GOAL AND PREVIOUS COUNCL ACTION Cowlcil Bill for prior Gaging Station Agr9emellls pawt .k.118 19, 1995, • OrclinMce #32. RECOMMENDED ACTION Approval of the proposed Joint Funding Agreement between the City of Englewood and the U .S. Geological Swvey for October 1, 1995 through September 30, 1996. BACKGROUND, ANALYSIS, AND AL TERNAlNES IDENTFIED A stream flow gage, operated and maintained by the United States Geological &.fwy (USGS), has been in operation lince 1990 at Union Avw.. and the Soulh Platte River . The information from the gage i1 critical dwing low flow periods to determine if...., fflUlt be released from Chatfield ReMM>ir. The data provided by the gaging station ii ,-quired by the State W,_ Commiaioner in order to make releue1 from Chatfield ReNM>ir dwing low flow lilulltionl in which inNlicient water is available to meet pwnping demllndl at Union Awnue P\lnp Station . The Utilitie1 Department atww in the annual coat of ap11111i1g and maillaiing the ltlltion on a 50% basis, with the remaining 50% conlriblDd by the USGS. FINANCIAL IMPACT The cost of funding thi1 agreenwlt will be approximately $20,000 to $25,000 over the next five years. This portion i1 for 1996 and ii $4,225.00. The fw1dl.,. included in the 1996 budget. UST OF AnACHMENTS Dept. of the Interior Geologic:al &.fwy Joint Funding Agreen-,1 for Water R81CU'CN Investigations. . . • I I . . 0 , • • • I fllj! Ii iii Ill! I! llJ li!!i II i 11111· e. if !1!' lf !11;;1; i i • 'I JI=-• 11 rt I' l§!i~ll If ~ a i ~ r I 1~-a; l iiJl'I ! 11 1!t1, I, 1! In&,;~ ~ I its• Ii J" r (! il ~Bj& ~ ~ t 1~-1,1 g ., ·I! ti it Ii! ! § 1 1 lt;r § i'! 1111 1 rt l§i · Ill , ,1,r a , ~ , 1 °1,~ a~ ~ i a I f r ,~ I =! ' J ,111 I 11 II! l I~ ldil ;• I !''t ! Ii ,,, i Ji !II' p • I . ' r . ' • • s \ ... ~ . ... • 'll • .· . ' , ,. ,. ' - - f • • ,. • C. • '· " Publiabed u a Bill for an Orclmaace CID tbe 9th day al llay, 1998. Tbomu J. Bmu, Mayor ATTEST : Louc:riabia A. Ellia, City Clerk I, Loucriabia A. Ellia, City Clerk ol'tbe City ofhalnoocl, Colando, blnby certify that the above and foreaomr ia a true copy of a Bill for an Ordinance, iDtroduc:ecl, read iD full, and puaed OD fint readiDs CID tbe 8th day alllay, 1998 . -2- . ' ... I . . 0 , I - • Fonn 1-1:,ee (REV. "Ill) • • t• • Depanmerw 01 me 1nanor Geological Surw, Joint Funding Agrwnent FOR WATER RESOURCES INVESTIGATIONS VVIUO C09611500 THIS AGREEMENT is entered into u of the 111 day of Odober 11185 by the GEOlOGICAL SURVEY, UNITED STATES DEPARTMENT OF THE INTERIOR, party of the fht part, and the CITY OF ENGLEWOOD, party of the second part . 1. The parties tier.to agree that stbject to the avaiabilly of aw,opillllol• and in 8COOldlnce wlh their rapec1ill9 ~ 1hent lhall be mainained in cooperation for the operation and man-.nc:e ol lb'Nmllow gaging ltaliorw, Scuh Platte River al Union Avenue, herein after called the program. 2. The following amounts shall be contrhlted to cover aH of the COIi of the r-,y field and office work chctly related to this program, but excluding any tueau level general admini8lrldive or accounting work in the office of elher party. (a) $4,225.00 by the party of the first part during the period October 1, 1995 to September 30, 1996 (b) $4,225.00 by the party of the second part during the period Oclober 1, ~995 to September 30, 1996 (c) Additional amounts by w:h party during the above period or SUCCNding periods u rray be detemined by nuual agreement and set forth in an exchange of lettena betWNn the pMIN. 3. Expenses incurred in the performance of this program rray be peid by eilher party in conformity with the lawll and regulations reapec:tively governing each party, provided that IO far u rray be ll'Uudf agrNeble al mcpe!W ahal be paid in the first instance by the party of the first part with llppfOpriale rwm:xnernent therNlter by the party of the NCOnd part. Each party 8MI furnish to the other party such llalemeru or r9PC)lta of upenditll'N • may be needed to satisfy tlecal r9qUiremeru. . 4. The flelcl and office work pertaining to this program shall be under the direction of or subject to periodic rwiew by an authorized rep,nentative of the party of the first part. 5. The ... to be included in the program at.II be d•mawd by nuuai aCl'"ffMll'II betwNn the palliN t..eo or their uhorized 1'9pr9NfUtiYN. The melhodl •• ...,,_. in._ ... and o111ce lhall be thoN adopled by the perty ol lhe llrlt part to ineur9 the NqUiNd alandarda of accu,ao, aqact lo ma • .,.. by nuual agreement. 8. During the progiw ol the work al ap1111ioM of ellwr perty palllili,g to thil program shall be open lo the illpedion of the olher party, and if 1he work is nol being carried on in a llUUllly --.cto,y manner, .ittw perty rray lerminale thil agrNl'Ml1t upon 80 days wrilten notice lo the ad.er JWIY. 7 . The original recotda muling from lhil program .. be NII aeilld in the olice of origin ol thaee recxMda. Upon '9qUNI, copies of the original rec:on:il wil be provided lo the olllce al the all-, JWIY. 8. The mapa, r9COl'da or repol1s .-uling from thil program at.II be !Tade availlble to 1he IJlmlc • pron1111Y • poealJle. The maps, rwc:orda or reports normaly wll be p.elilhed by 1he party ol lhe ftnl part. HowMoer, the party al the -=arid part ......-v.. the righl to Plbliah the INUb ol thil program and, I alr..ty p&mliltled by the party ol h 1111 part shall, upon requelt, be furnished by the party ol the first part,• COil, ~•...._for purpoeee al l'lplOductiorl limilar to that for which the original copy wa pNpal'ed. The maps, r9COfds or rwporta p&jlliltwd by eltwr perty at.II coruin a ltatement of the cooperative relationl belwNn the partiN. 9 . Billing for thil agreement wil be rendered arinudy . PayrnerCa ol bill .. due wlhin 80 days after the billing date. If not paid by the due dale, inlerelt will be charged al the CUffWll T,-.y lllle for each 30-day period. or portion thereof. that the paymenl ii delayed beyond lhe due date . (31 USC 371-1; Con4*oler G..al File B-212222, August 23, 1983 .). CITY OF ENGLEWOOD GEOLOGICAL SURVEY UNITED STATES By DEPARTMENT OF THE INTERIOR ~R'fr~ By By Acting District Chief. WAD. Colorado Dill. (SIGNATUFIE & TITLE) By (USE REVERSE SIDE IF ADDITIONAL SIGNATURES ARE REQUIRED) ..... .. I . . 0 - - • • ' ( I I • . ,~ • ... .,... May6, 19116 ft INITIATED BY ITAFF IOURCE Department of Public Works Cha!N Esllrly, Dnclor of Public Works COUNCIL GOAL AND PREVIOUS COUNCIL ACTION No previous Council action . RECOIIIIENDED ACTION Approve by motion the purchae of one motor driven 3 wtN alrNt sweeper. BACKGROUND, ANALY811, AND ALTERNA11VD mN-r.llD This piece of equipment is ICheduled tor,....,.,_ through lie Capllal EqulpmR Replllca,•it Fund (CERF) program . Vehicle no . 3196, a 1189 FMC alrNt sweeper, wa be r9lnd tam lie tlNt and,..,_. wllh the purchale of an Elgin alrNt sweeper. Al tine alrNt ••npers In lie City .... wa now be Elgin brand Nnpera. FINANCIAL _.ACT Faris Machinery Company MacDonald Equipment Power Motive •• 780.00 178,178.00 179,782.00 ' Funds are available in the CERF ID cover lie low bid of .,780.00 flam Fn Mac:hlnely Company. UST OF ATTACHMENTS Faris Machinery Company Bid Bid Propoul Tabulation ... I· • 0 - - • • • • I • ·, • FARIS MACHINERY COMPANY April 4, 1996 Ms. Betty Goosman Oty of Englewood 2800 South Platte River Drive Englewood, CO 80110 Dear Ms. Goosman: CONSTRUCTION EQUIPMENT AND SUPPLIES 5770 EAST 77111 AVENUE COMMERCE CITY. C0L0AAoo I0022-10II PHONE (303) 21N743 In reference lo your bid request for a three wheel street sweeper, we are pleased to quote the following ELGIN equipment: One-ELGIN Pelican P three wheel street sweeper with all standard equipment and to include dual ptter brooms, John Deere 4039T diesel engine, hydrostatic drive, turbo D. cab pressurizer, &11 hose, AM/FM radio, pans. operators manuals, painted white and standard factory warranty. Price FOB Englewood, CO Shop Service Manual • Add Total Price Requested Options - . Deluxe Seats • Air Conditioner . Hydraulic Main Broom Su,pemion w /Side Broom Position ladicator • Electric Side Broom Indicator • Broom Milage Recorder . Spruq Guide Wheel . Strobe Upt with Guard Terms: Net 30 days Add Add Add Add Add Add Add Delivery: S.10 weeks after receipt of the order. Prices are firm for 60 days from date of quote. 865.00 1.515.00 650.00 255.00 425.00 1,110.00 440.00 1banJc you for the opportunity of quoq this oquipmem. S 68,780.00 17500 S 68,955.00 • .. I . • 0 - f \ Cty of EnaJewooct Page 2. April 4, 1996 SiacereJy ,, • • • FARIS MAcffJNERy COMPANY /~,/}~~ Paul Faris Dil1ric:t Mua,er PF/jo Enc. ,, - '' • I'. .. I. • 0 I I I CITY OF ENGLEWOOD BID PROPOSAL TABULATION 1t1D ITEMS(S) -Meter Dmet1 J W11H1 Stnet Sweeper DATE OPENED-415/M J:N p.a. ND RIDDER INd Price PartsMH•al Service MaHal REMARKS I l'AIIIS MACIIINERY COMrANY S61.7IO .OO NIC Sl7S .OO 2 MACDONALD EQUIPMENT S76,176 .00 NIC NIC See EutPClolls J l'OWER MOTIVE S79,792 .00 NIC NIC See Eu~ptlo11s 4 MUNICIPAL .t CONTRACTORS EOUIP. CO. NIB N/0 N/0 s ' 7 I ' IO r I . • II 12 .. IJ 14 u • " 17 g II " 20 ,. -- • , ~ • " 0 ... • - - • ORDINANCE NO. _ SERIES OF 1996 <. • • • BY AUTHORITY A BILL FOR COUNCIL BILL NO. '1:1 INTRODUCED BY COUNCIL MEMBER_~~~~- AN ORDINANCE AUTHORIZING AN INTEJlGOVEllNIIENTAL AGREEMENT BETWEEN THE CITY OF THORNTON, COLORADO AND THE CITY OF ENGLEWOOD, COLORADO FOR AN EXCHANGE OF THE CITY OF ENGLEWOOD'S ROTOMILLING SERVICES TO THE CITY OF THORNTON IN RETURN FOR SANDJSALT, HOT MIXED ASPHALT, OR CRUSHED AGGREGATE IIATE1lIALS. WHEREAS, the City of Enalewood owu, operat.. ud maintaina a milliq machine utilized to remove the upbalt or c:aacret.e aurface from rolldwaya for the purpoae of overlayinc new upbalt or CGDcnte; ud WHEREAS, the City of Enalewood currently providel 1"CJtomillin, Ml'Yicea to the Citiea of Weatmiuter ud Littleton in acbanp for paint ltripin, ud CODCl'llte work; and WHEREAS, thia qreement providee the City of Thornton with rot.omilliq aervicea by the City of Eqlewood in acbanp for Enaiewood'1 cbaice of aand/Nlt, hot mixed uphalt, or c:ruahed aarepte; and WHEREAS, the citi1em of both the City ofl:npwood ud the City of'lbanatan benefit from auch an acr-•t; ud WHEREAS, the City Coullcil of the City oflapwood. Colorado autbariud INCb qreement with the puup of OnliJumee No. 29, Serial of 1994, ud Ordinaaee No. 28, Seriel of 1996; NOW, THEREFORE, BE IT ORDAINED BY TIIB CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: ,,,_ .. ' Sec;tigp 1. The interpemmmtal •11•mt with r...,.ct to• Ill'• mt--... the City of Thornton, Colorado ud die City of........, Colando far u -=lump of the City of Eqlewood'1 "1tmnillin1 llnima t.o tba City of '1banatan iD n&um far aand/Nlt, hot miDd upbalt, or crubed aanpte aatariall, attacbed ......, u "Emibit A,. ii hereby accepted and appr'O'l9d by tba .....,_. City Council. $tctiqp 2. 'flloe Mayor ii authariad to aacat.e ud die City Ciak to au.at ud wl the Apeemelat for ud CID bebalf of the City of~ Colorado . Introduced, Nad in full, ud puNCl CID 8nt readin, CID die Ith day of May, 1198. -1- ------' ' . I . I • 0 - - • • . • ' <. COUNCL CC>alUNICATION .,... May6, 19116 10 I 111 INITIATED BY Department of Public Wortca COUNCIL GOAL AND PIIEVIOUI COIINCL ACTION I• 1-,.ct Ordinlnce tar h•goventff*dal ....,...11 .... Thomal City Council approved Ordinance No . 29, SeriN of 11184 and Ordinance No. 28, SeriN of 1995 ID..-11m an agreement wilh the City of Thornton ID udaige our roanili ig NrvicN for goodl provided by ThomlDn . RECOIIIIENDED ACTION "' - Staff Neka Council approval of 1111 onfinance ID enllr inlD an agrwneilt wltl ttle City of Ttlonmn ID achalige our; rotomillilig NNices for goods provided by Thomlon. BACKGROUND, ANAL YSII, AND ALlDNATND IDiN li'IED The City of Englewood cunently provides ro1D11A,g a.vloN to ttle Cllila of~lli.., and Llllllton In exchange for paint striping and concNII work. ,..._~. Conllnui'II our .. _.It wltl tt. City of Thomlon, Englewood would r9Caive ilarna of choice, Including l8"dl9lllt; hot mblld lllphalt; or Cl\llhed .......... FINANCIAL .. ACT BaNd on S0 .38 per equ.. yard, 1h11 amounlll to a 8llbltanlal ..,.._ tar Tilomton and a ber.at tar tt. City of Englewood. LIIT OF ATTACHMENTS • I I. • 0 , - ORDINANCE NO . _ SERIES OF 1996 • • t~ • -<. BY AUTHORITY A BILL FOR COUNCU.. BILL NO. 27 INTRODUCED BY COUNCIL MEMBER _____ ~ AN ORDINANCE AUTHORIZING AN INTDGOVERNIIENTAL AGREEMENT BETWEEN THE CITY OF THORNTON, COLORADO AND THE CITY OF ENGLEWOOD, COLORADO FOR AN EXCHANGE OF THE CITY OF ENGLEWOOD'S ROTOMILLING SDVICIS TO THI CITY OF THORNTON IN RETURN FOR SANDISALT, HOT IIIDD ASPHALT, OR CRUSHED AGGREGATE MATERIALS. WHEREAS, the City of Enclewood --. ....-ud maiDtaim a milliq machine utilized t.o remove the upba1t or caacnte IUl'fMe from roadwa:,a for the purpoae of overlaying n-upbalt or CGDcnta; and WHEREAS, the City of Encl-ood c:arrmtly prcmdea rotcni1Jin1 W'9icea to the Cities of Wntmimter and Littleton in acbanp for paint ltripin, and coacrete work; and WHEREAS, tbia a,reement pnmdes the City of'l'bomtao with n1tmni1Jin1 aervic:e1 by the City of Encl-ood in acbanp for Eapwood'1 cbaice of aand/aalt, hot mixed uphalt, or cruahecl aare,ate; and WHEREAS, the c:imena of both the City ofEapewood and the City of'lbarntian benefit from auch an a,reement; and WHEREAS, the City Council of the City of Eapewood, Colando aathariaed auch a,reement with the .,..... of Ordinance No. 29, S.-of 19k, and Ordinance No . 28, Seriea of 1996; NOW, THEREFORE, BE IT ORDAINED BY THI CITY COUNCIL OF THI CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sec;ticm 1. The interpvemmental apwnent with ...,.ct to an asr-t WwND the City of Thorntao, Colorado and the City of Bnp9WOOd, Colando for an acbanp of the City of lnpwood'1 rotomi11ins _.._. to tbl City of Tbantillll in N&un for aand/aalt, hot mised uphalt, or c:nubed agnpte matmall, attacbed bent.o u "Emibit A,. ii hereby accepted and approqd by tbl 11:npwood City Council. Sec;tigp 2. The Mayor ii autbarised to aec:ute and tbl City Clerk to at:t.Nt and wl the A,reement for and OD behalf' of the City of lnpewood, Colando . Introduced, read in full, and puaed OD 8nt nadin, OD tbl kb day of May, 19N. -1- I . • 0 I - - • • 1~ • Publila.l • a Bill far• Ordmam cm die Ith day afllay, 1196. ATTEST: Loucrilbia A. Ellia, City Clark l, Loucrilbia A. EDil, City Clark afthe City af ........ Colando.--, cartify tbat .... .a-. and ........ ia • tne copy af. Bill far all OrdiDaol, iDtrodaced. raad ill fall, and p....t GD Int ....... die 8th day aflla)', 1188. -2- "" - •. .. I . . 0 - • • 0 l• • INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF THORNTON AND THE CITY OF ENGLEWOOD FOR THE EXCHANGE OF GOODS AND SERVICES THIS AGREEMENT is entered into this __ day of 1996, by and between the City of Thornton, a Colorado municipal corporation, (hereinafter referred to as 'Thornton") and the City of Englewood, (hereinafter referred to as "Englewood"). WHEREAS, Section 18(2)(a) of Article XIV of the Colorado Constitution. u well as Sections 29-1-201, stt.SQ-, and 29-20-105 of the Colorado Revised Statutes authorize and encourage governments to cooperate by contracting with one another for their mutual benefit; and WHEREAS, Englewood owns, operates and maintains a milling machine utilized to remove the asphalt or concrete surface from roadways for the purpose of overlaying new asphalt or concrete; and WHEREAS, Thornton wishes to utilize said milling machine for use in maintenance of the streets located within Thornton; and WHEREAS, Thornton and Englewood desire to contract with one another for the exchange of goods from Thornton for use of Englewood's milling machine; and WHEREAS, this Agreement will be of use and benefit to the citizens of both Thornton and Englewood. NOW lHEREFORE 1HE PARTIES HERETO, FOR GOOD AND VALUABLE CONSIDERATION, 1HE RECEIPT AND SUFFICIENCY OF WHICH IS HEREBY ACKNOWLEDGED, HEREBY AGREE AS FOLLOWS: A. RESPONSIBILITIES OF ENGLEWOOD 1. Englewood shall make available to Thornton its milling machine during the period between June l, 1996 and July l, 1996, inclusive, for the purpose of milling approximately twenty-six thousand seven h~dred thirty-two (26,732) square yards of uphalt at a depth of one and ~half inches. 2. 3 . Englewood shall perform, at all times, all repairs and maintenance to the milling machine necessary, including the time periods in which the milling machine is being used in Thornton. An employee or contractor of Englewood shall operate the milling machine for Thornton, at locations and specifications dinctlld by Thornton during the above specified time periods. If a contractor of Englewood is UNd 11D AC /Mllto lNCUWO/TC -1 • "' - • . I . • 0 - - 8. • • t• • '· perform the work hereunder, that contractor shall be required by Englewood to indemnify the City of Thornton, it's officers, and employees from and against all liability, claims, demands, and expenses, including court cost and attorney fees, on account of any injury, loss, or damage, which may arise out of or are in any manner connected with the work to be performed under this Agreement, if such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by the negligent acts, errors, or omissions of the contractor, or any officer, employee, or agent of the contractor. 4. Englewood shall make available to Thornton the milling machine at the time specified above. Cost of both delivery to Thornton and return to Englewood shall be the responsibility of Thornton. 5. Englewood shall maintain, at its own expense, during the term of this Agreement, Worker's Compensation Insurance as required by the Labor Code of the State of Colorado, Employer's Liability Insurance, Commercial General Liability Insurance, and Automobile Liability Insurance with minimum combined single limits of not less than $600,000 per occurrence. The insurance required above shall be provided through Englewood's participation in a governmental insurance pool (CIRSA). Englewood shall cause any contractor of Englewood to procure and maintain minimum insurance coverage listed herein. RESPONSIBILITIES OF THORNTON 1. Thornton shall reimburse Englewood for the use of the milling machine by the provision of goods that are normally purchased by Thornton to be identified by Englewood from the following items: 2. 3. a) sand/salt b) hot mixed asphalt c) crushed aggregate The value of the goods supplied to Englewood by Thornton shall be equal in value to the cost of milling twenty-six thousand seven hundred thirty- two (26,732) square yards of asphalt one and one-half -inches deep. The value of the above is $.38/square yard. In the event the amount of roadway milled is less than or more than the above, the value of the goods provided to Englewood by Thornton shall equal the yardage milled times $.38/square yard. The goods shall be delivered to Englewood by the vendor of the goods once the milling has been completed and the total amount and nature of the milling has been calculated. Once the amount has been calculated and agreed to by both parties, Thornton shall complete a vendor purchase AC/Gil 1• 1N.1.tWOt 1C -2 - "' - • . - I . • 0 I - - • • • I• • order for the goods selected by Englewood in the amount of the value of the milling as calculated in Section B. 2. above. 4. Thornton shall be responsible for all traffic control and material removal at the site of the milling work and any other work not associated directly with the operation of the milling machine itself. C. ASSIGNMENT D. This Agreement shall not be assigned by either party without the prior written consent of the other. NOTICE Any notice required or permitted by this Agreement shall be in writing, and shall be deemed to have been sufficiently given for all purposes if sent by certified mail or registered mail, postage and fees prepaid, addressed to the party to whom such notice is to be given at the address set forth below, or at such other address as has been previously furnished in writing, to the other party or parties. Such notice shall be deemed to have been given when deposited in the United States Mail. The notice shall be sent to: City of Englewood Street Operations 2800 South Platte River Drive Englewood, CO 80110 c/o Wayne Oakley City of Thornton Street Operations 9500 Civic Center Drive Thornton, CO 80229 c/o Mason Staub E. PARAGRAPH CAPTIONS The captions of the paragraphs are set forth only for the convenience and reference of the parties and are not intended in any way to define, limit or describe the scope or intent of this Agreement. F. INTEGRATION AND AMENDMENT G . This Agreement represents the entire agreement between the parties and there are no oral or collateral agreements or understandings. This Agreement may be amended only by an instrument in writing signed by the parties. If any other provision shall be affected by such holding, all of the remaining provisions of this Agreement shall continue in full force and effect. w AIYER OF BREACH A waiver by any party to this Agreement or the breach of any term or provision of this Agreement shall not operate or be construed u a waiver of any subsequent breach by either party. .. .... • 3 • ,, _ •. I . • 0 - • • • "' - . ,~ • H. VENUE J. K. L. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in the County of Arapahoe, State of Colorado. This Agreement shall terminate at such time as the conditions stipulated herein are complete or upon 10 days advance written notice, whichever occurs first. In the event the Agreement is terminated by the issuance of advance written notice of intent to terminate, each party shall be compensated by the other for the goods and services provided. COMPLIANCE WITH LAW The work and services to be performed by the parties hereunder shall be done in compliance with applicable laws, ordinances, rules and regulations. ADDIDQNAL DOCUMENTS QR ACTION The parties agree to execute any additional documents or take any additional action that is necessary to carry out this Agreement. INDEPENDENT CONTRACTOR The parties hereto agree that the employees, contractors, and sub-contractors of one party are not in any way to be construed as employees of the other party and as such each are independent contractors. Notwithstanding any provision appearing in this Agreement, all personnel assigned by Englewood to perform work under the terms of this Agreement shall be, and remain at all times, employees or agents of Englewood for all purposes. Further, all personnel assigned by Thornton to perform work under the terms of this Agreement shall be, and remain at all times, employees or agents of Thornton for all purposes. M. GOVERNMENTAL IMMJJNn:X The parties hereto understand and agree that Thornton arul Englewood, their officers, and employees, are relying on, and do not waive or intend to waive, by any provision of this Agreement, the monetary limitations (currently $150.000 per person and $600,000 per occunence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. 24-10- 101 n,m., u it is from time to time amended, or otherwise available to Thornton and Englewood, their officers, or employees. AG OOIIIUNCUWD/TC -4 - . ' •. I . • 0 I - - • .... • • • N. AUTijORITY The parties hereto warrant that the signatories below have full and lawful authority to execute this Agreement on behalf of Thornton and Englewood. DONE AND SIGNED ON TiiE DATE ABOVE FIRST WRITTEN BY: art OF THORNION Margaret Carpenter, Mayor ATIEST: Nancy Vincent, City Clerk APPROVED AS TO FORM: Margaret Emerich, City Attorney art OF ENGLEWOOD AITEST: City Clerk -5 - ... I. • 0 - • ORDINANCE NO. _ SERIES OF 1996 • • (. BY AUTHORITY COUNCIL BILL NO. 13 INTRODUCED BY COUNCIL MEMBER HATHAWAY AN ORDINANCE APPROVING THE RENEWAL OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND THE CITY OF SHERIDAN, COLORADO WHEREBY ENGLEWOOD WILL PROVIDE THE CITY OF SHERIDAN WITH VEHICLE MAINTENANCE. WHEREAS, the City « Eqlewood bu been aervicm, the City of Sheridan', ftbiclel 1ince 0-.ber, 1992; and WHEREAS, the City «Enpewood ud the City of Sheridan dNire the--1 oltbe agreement whereby Encl-oocl providea Sheridan with vehicle maintaumce; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: 8ec;tigp 1. Tbe intelpvemmental qniement between the City of Sheridan and the City of Englewood, Colorado for vehicle maintaumce, attlcbed u "Euibit A·, ia hereby accepted and approved by the En,1-ooct City Council. Tbe Mayor ia autbariud to UKUte ud the City Clerk to attest and eeal the A,reement for and on behalf of the City of Wewood, Colorado. Introduced, read in full, and paued on fint r9ldmf on the 15th day of April, 1996. Publiabed u a Bill for an Ordinance on the 18th day of April, 1996. Read by title and puaed OD final readinc on the 8th day of May, 1996. Published by title u Ordinance No._, Seriea of 1996, on the 9th day ofllay, 1996. Tbomu J. Burm, Mayor ATTEST : Loucri1hia A. Elli.I, City Clerk I, Loucrilhia A. Ellis, City Clerk of the City al Bqlewood, Colorado, benby ca1ify that the above and foreaoin, ia a true copy of the Ordinance pMNd OD ftnal readiq and publilbed by title u Ordinance No. _, Seri• of 1996. -1- "' - • .. I . • 0 , - - • • • EXHIBIT A CON'l'llAcr TBIS AGREBMENT, mt.end into tbil __ clay of 1996 by ud between tbe City ofEqlewood, wbaN addnN ia 3400 South Elati Street, En,lewood, Colando 80110 ud The City or Sberida, wbaN addnN ia 4101 South Federal Boulevard, Eqlewood, Calondo 80110. TDM8 OP CONTBACT NOW TIIBBD'ORE, ff 18 AGBBJ!D by and betWllm tbe City of Eapwood ud the City of Sheridan tbat: 1. Tb• City of En,lewood, Colorado lball perfmm tbe followiq eemca: The City of En,lewood lball perform all uceuar, npain ud maiDteuDce cm the ftbidel owud by tbe City of SbaridaD to tbe City of ShericlaD'• satiafaction, ud tbe City or ShericlaD lball pay to the City of Enslewood for such IC"rices tbe IWD oftbirty-four Dollan ($34.00) per hour, ill additiOD to the coat to tbe City of En,lewood of my puts or out.aide vendor cbarps plus Twenty perce11t (201f,) bandliq fee. 2. The City of Ensl-oocl will proceed with the performance of the IC"rices called for ill Parqrapb No. 1 OD January 1, 1996 and tbe COlltnct lball termiDat.e OD December 31, 1996. Three additicmal one (1) ,ur periods may be~ by the City Mmapr or bia deaipee. 3. Some maiDteDallce of the City ofShericlaD'1 vebicl• lball be performed by tbe City of En,lawood acc:ordmc to a ICbedule to be made by tbe City of Sbaridu ud appaoved by the City ofEn,lewood u part ofthia ap'NIHllt, ud lball iDducla wort reqaelted by SbaridaD or work idmtifted by Enpwood durin, iDapec:tiaD of the vebicle. , . The City of Ensl-oocl lball repair my ftbicles of the City of Sbaridu cleli...t to the City of Eqlewoocl filr that purp,ee ill a pod. workmaDlike manner . 5 . The City at Ensl-oocl ud tbe City at SharidaD apw DOt to: n1uN to bin, cmc:barp, promote, damote or cliacriminate ill any matter of ccapeaaatioll; performance, NJ'Vices or ocbawiae, a,aimt my pel'IOll odmwiae qaaWIN eolely bec:auae of race, c:ned, au, color, utiaDal oricin or anc:eatry. 8 . Thia Contract may not be modified, amended or otberwiae altend unlNa mutually a,ned upon ill writiq by tba partiN. 7 . The City of En,lewood by and throuch itl -pla,.. ud apntl lball be c:ouidered for all purpoNI of the COlltract, to be indepeDdat CODtradon ud aot -plo,-of tbe City ol Sberielan. 8 . The City of SbericlaD by and throuch ita _.,..,,_ ud apnta lball be couidereef for all purpoNI of the CCJDtnct, to be iDdependant COD&ncton and not emplo,-of the City of Ea,lewood. -1- ' .. .., I . • 0 - - • • . , . • <. 9 . Tbe City of Eqlewood aball not ump ar tnufer its illtenat ill the Contract witboat the written CODNDt af the City af Sbaridan. Any uuutborised alipmmt or tnufer aball nndar tbe CoDtnct null, 'IOid IDd of no efl'ect u ID tbe City af Sberidan. 10. Tbe City of SberidaD lball not auip ar t:nm.r.r its illtenat ill tbe Contract witbout tbe writtm -t af tbe City af~. Any maautbamed eeip1D9Dt or tnD.lfer aball nndar tbe Contract null, 'IOid and of no .&ct u ID tbe City af Eqlewood. 11. Tbe City of Eqlewood lball be rwpcmldhle far tbe ....,,._cmlll quality, tllclmical accurac:y, timely -pleticm IDd tbe mardiDat:icm cf the repain ada the Contract. Tbe City aball, ~ edditim1l COIDJ19111Mtion, c:mnc:t or N\'illl uy erron, omillicm1, or otber' daftcimci• ill m NffiCN related to the Coatrtc:t. 12. EidMr party cf the Contract may tmmiDlte tbe Contract by pvm, to tbe otber' party 30 daye DOt.ic:. ill writiq with or wnbaat ,aod c:auN abawn. Upcm delivery of IUcb noace by the City of SberidaD to tbe City of Eqlewood IDd upon apiratioD of the 30 day period, the City af lqlawoocl aball cliac:aDtiDue Ill Nl'Vicel ill couection with the performuce of the Ccmtnct. Ju 100D u pnctictble tftar receipt of notice of t.rmillatioD. the City af Eqlewood aball IUbmit I ltatemmt, lbowiDf ill clateil tbe NmCa performed UDder tbe Colltnct to the date of t.rmillatiOD. Tbe City of SberidaD lbtll tbm pay tbe City of Eqlewood promptly that propur1:iOD af tbe ..-ibed c:hlrpe wbicb tbe Nl'Vicel ICtullly performed undar the Camnct beer to the totll Nl'Vicel called for under the Ccmtnct, INI IUcb paymmts CID ICCOUDt af tbe chtrpe U bave been pnvioualy made. 13 . All noticee IDd cammUDicatiaaa under-tbe Coatnct to be lllli1ed or delivend to the City of Enpwoocl lbtll be to tbe llllowm, tddrNa: Director of Public Worb City al Eaclewood lMCIO Saath Elm .. Eqlewood, Colondo 80110 All notic:ee ud commwaic1tioa1 pertlimq ID the Coatnct lball be mailed ar cl.livered to the City of SberidaD It tbe fDllowiDc ...wr-: City cf SheridlD ,101 South Fedenl Boui..trd Eqlewood,Colondo 80110 1,. Tbe terml ud CODditiCllll afthe Ccmtnct lblll be biDdmf upOD Neb City, itl eucceuon ud 111ipll. 15. NotbiDc herein aball be CCIDltnaed u CNlidDr 1111 penaul lilbWty OD the part al IDY omcer or tpDt af IDY public body wbicb may be party btnto, Dal' lball it be cautruecl u PWII IDY ripts ar _.. btrllllMltr ID uyme otber' dalD the City of SberidlD IDd tbe City al ........ -2· • I . • 0 I - - • • ·, • ... IN Wl'l'NB88 WIIBBBOI', tbe putia bar9to bave .-at.ad du Ccllltnct tbe day and ,-r tint writtm abaft. ATTSST: cm OI' DfGLSWOOD AT'l'S8T: Clff OPMIMfflAN -3- ' ; .; I . . 0 f 32xl - • • ,,, - ORDINANCE NO. _ SERIES OF 1996 ' C, ,. • «• • BY AUTHORITY COUNCIL BILL NO. 14 INTRODUCED BY COUNCIL MEMBER HATHAWAY AN ORDINANCE APPROVING THE RENEWAL OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND ENGLEWOOD PUBLIC SCHOOLS WHEREBY THE CITY OF ENGLEWOOD WILL PROVIDE THE ENGLEWOOD PUBLIC SCHOOL'S WITH VEHICLE MAINTENANCE. WHEREAS, the City of En,lewood bu bem ~ the BDal-ood Public Scboola vehicles since December, 1992; and WHEREAS, the City of Enrl-ood and Enpewood Public Scboola deaire the renewal of the agreement whereby Engl-ood proviclea Enpewood Public Schoola with vehicle maintenance ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: 10 It tf $estiqp 1. The interpvemmental qnement between Engl-ood Public Schoola and the City of Englewood, Colorado for vehicle maintenance, attached u "Emibit A·, ia hereby accepted and approved by the Englewood City Council. The Mayor ia authori&ed to uecute and the City Clerk to attest and Mal the Ap,,ement for and CID behalf' of the City of Englewood, Colorado. Introduced, rud iD full, and puaed CID tint reaa11 CID the lada day af April, 1996. Publiahed U a Bill for an OrdiDaDce CID the 18th day af April, 1996. Read by title and puNd CID final nadiac m the 11b day al llay, 1996. Publiabed by title u OnliDanee No._, Slriaa al 1996, m the 10th day alllay, 1996. "nMlmu J . BUIDa, llayar ATTEST : Loucriabia A. Ellia, City Clerk I, Loucriahia A. Ellia, City Clerk al the City al ........ Calando. --,-u,y that the above and forecoinl ia a true copy al the OnliDaam pMNd m IDal l'Mdiac and publiabed by title u OrdiDaDce No. _, Seriea al 1996. -1- ' ( • ~ ... I· • 0 f 32xl - • • • t~ • EXHIBIT A CONTBACT TBIS AGREEMENT, mtered into tbu __ day of 1996 by and batween tbe City of Eqlewood, wbaN addna ii 3400 Saath Elad Street, Eqlawood, Colorado 80110 and Tbe Eql-oocl Public Sc:hool'a, wbaN addnu ia 4101 South Bannock Street, Eqlawoocl, Colorado 80110. TBIDl8 01' CONTBACl' NOW TJIEBEl'ORE, ff IS AGBIZD by and betW9ID tbe City afEqlnood and tbe Ensl-ood Public School', that: 1. The City of En,lewood. Colorado lball perform the Collowmc Nn'ic:ea: The City of Eqlawoocl lball perform all uceaary repairs and mailltenance on the vehid• owned by the Eqlnood Public School'• to tbe En,Inood Public School's aatilfadicm, and the Eqlewood Public School's lball pay to tbe City of En,lnood far l1ICb NmCN tbe aum of tbiny-four Dol1an ($34.00) per hour, iD addition t.o the coat to tbe City afED,lawood of any parta or outside vendor charpl plus Twmty percent (20'll,) barutlinr fee . 2 . Tbe City of En,1-oocl will proceed with tbe performance of tbe service, called for iD Parqrapb No. 1 on January 1, 1996, and tbe Contract lball terminate on 0-mber 31, 1996. Tbne additional one (1) yur periods may be nqotiated by the City Manapr or bis desipH. 3. Some maintenance of the Enrlnood Public School'• vebidea lball be performed by tbe City of En,lnood accordin, to a acbadule t.o be made by tbe En,lawood Pablic Scbool'1 and approved by tbe City ofEqlewoocl u part oftbu acr-mmt. and aball iDdude work requested by tbe Enat-oocl Public School', or work idmti1led by En,lawood duriDf iDlpectioD of tbe vehicle . 4 . The City of En,l8WOOCl lball repair my vebic:lea of the Eql-ood Public School's delivered t.o tbe City ofEqlawood far that parpoN iD a pod, workmanlike manner. 5. Tbe City of En,lnood and tbe Encl-ood Public School's qree not to: rwfuN t.o bire, diadwp, promote, demote or cliacrimiDate iD any matter of compensation; performance, Nl'Vi-or otbnwiae, apin.lt any penon otbnwiae quaWied solely becaUH of race, c:necl, IU, color, national oriliD or ancHtry. 6. Thia CODtract may not be modifted, ammded or odwnriN altered UDIIU mutually qned upon iD writiq by the partiee. 7 . The City of Eqlnood by and throup itl empioy9ea and apnta lball be comidered for all J1W110N9 of tba Contract, IIO be illdepeadmt CODtncton and not employeea of tbe lqlnood Public School's. 8 . The Encl.wood Public School's by and tbroa,b itl ~ and apnta lball be c:ouidered for all purpllN af tba Contract, to be iDdaplDd&t CODtnctorl and not employeea of tbe City of Eql9"00d. • l • "' . ... I· • 0 '32xl - • • • ,~ ·, • 9. The City of EDll-ood aball not uaip or tramfv itl illterat ill tbe Cont:nct without tbe written cameDt af tbe Eqinaod Public: Scbool'1. Any 11Uuthorized Ulipment or tramfar aball radar the Ccmtnct null, void ud of D.O dec:t u to the Eql-ood Public School',. 10. The Eqlewood Public Scbaol'1 aball not ump or tramfv itl illterNt ill tbe Contract witbout the written c:amct af tbe Ci&y af Eqlewood. Any 11Uuthorized auipment or tramfar aball radar tbe Caatnct null, void ud af.D.O e6c:t u to the City afEqlewood. • 11. The City of Enslewood aball be rNpGmible far tbe pnleeeionel qulity, tec1mical acc:urecy, timely complet:um ud tbe coardmeticm af the repein Ulld.-the Ccmtract. The City aball, without lddition•I campeu•tioa, eornct or mile uy erron, omiuicma, or atber claftcimci• ill itl ..-.iCN related to the Colltnc:t. 12. Either party af tbe Contract may t.ermiDete the Contnct by~ to tbe otbar party 30 da:,a D.01:ice ill writilll with or without pod C8UN lbawll. lJpoD deliYery of auch notice by the Enilewood Public Scbool'1 to tbe City al Eqlewood ud upon upiration of tbe j30 day period. tbe City of Eqlawood aball diacontillue ell aemca ill COllllection with tbe performeDce of tbe Contract. Aa -u pncticable after 1'9Ceipt of notice of tllrmillet.ioll, tbe City af Eqlewood lbell lUbmit • atetement, lhawiq ill detail tbe ..-ricel parfbnaed 1Dlder the Contract to tbe date oftemiinmoa. The Enclawood Public School'• abell then pay tbe City of Enslewood promptly that proport:ion of the pnlCribed c:berpe wbic:h tbe IGTicN ectueJly parfarmed Ullder tbe Contract beer to tbe total lm'Yic8I celled for 1Dlder tbe Contract, _. IIICh pe.ymentl aa ecmuDt of tbe cberps u have been pnviouely made. 13., All noticel ud comm111lication1 Ullder tbe Contract to be meiJed or deliffNd to tbe City afEnsiewood aball be to tbe faDowiDs eddnN: Direc:tor of Public Worb City af Enciewood :woo South El8li .. Enclewood. Colorado 80110 All lloticel ud cam.mUllic•tiona perteiams to tbe Cont:rect abe11 be meiled or delivered to the Enclawood Public School'• et the fD11owmr eddraa: Eqlewood Public School'• ,101 South Bumock St:r'Nt £nclewood, Colorado 80110 14. The t.erma ud coaditioae aftbe Coat:ract abe11 be biDdiq upa11 mtity, iu aw:ceuon ud uaipa. 15. Notbinf bereiD aball be c:mnrued u c:ne1:iq uy penaae1 liability aa tbe put of uy omcer-or epnt of uy public body wbich may be party --. DGI' ellel1 it be comtrued • pviq uy ripta or a..lta Im der tio a,-. adler tba tbe lqlewood Public School'• ud tbe Ci&y af ........_ -2- ., I . • 0 , 2 I -• • . . IN WlTNBl8 WBDBOF, die partial berlto baff aacatad tma Ccllltnct die clay ud ,-r tint writtm abon. ATl'BST: crff OFDIGLSWOOD ATl'BST: .3. "' -. I . . 0 , -t? 'Jf I - • • • Date May6, 1996 INITIATED BY Utilities Department • 0 I • • COUNCIL COMMUNICATION Agenda Item 11 a 1 Subject COM Design Proposal for Allen Filter Plant Improvements . STAFF SOURCE Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION ,, _ The Englewood Water and Sewer Board recommended, at their March 12, 1996 meeting, Council approval of the proposed resolution which increases water rates to fund a major capital improvement program. Council approved the water rate increase March 18, 1996 with Resolution #40. The approved increases in water services charges are 9.0% on July 1, 1996, 9.0% on January 1, 1997, 8 .0% on January 1, 1998 and 8 .0% on January 1, 1999. RECOMMENDED ACTION Council approval, by motion, of the COM Standard Agreement between Owner and Engineer for Study and Report and Professional Design, Bidding and Construction Services for the Allen Filter Plant Improvements. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Camp, Dresser & McKee, Inc .• (COM), previously completed a report on the existing water treatment facilities of the City. It was their opinion that the City of Englewood is currently meeting all drinking water regulations. Nevertheless, public concern over water quality issues such as cryptosporidium and giardia, together with the requirement to meet inaeasingly stringent regulations resulting from the 1986 Safe Drinking Water Ad Amendments have prompted evaluation of the current water treatment facilities . A water plant treating surface water is required to provide sufficient treatment to insure a given percentage removal of organisms . The removal can be achieved by • combination of water treatment processes such as flocculation/sedimentation and filtration and/or disinfection. Plant modifications are considered necessary due to the ttnat to raw water quality from the increased urbanized environment. Wastewater effluent flow will increase in I· • 0 -• • ·, • .. the South Platte River upstream of the City's water intake at Union Avenue. Urban runoff from streets and other aooo:e1 hu the potential to negatively impact water quality in both the City Ditch and the South Platte River. The COM Propoul, outlining COilllac:ta No. 1, No. 2 and No. 3 will cover engineering coltl for the Union Aven.,e Pump Station, Allen Waw Trutment Plant upgrade, backwUh basin modificlllionl, claarwell COIICI. rod rapair and the visit to flocculationlaedimentation facility. The propoul a1eo lncludN the R8lidl ia11 Allistancl and Study to mist in the iaauance the necnaary permiltilig to dilpoN ci air4ied '9liduall accumulated on the drying pad at the Allen Filtar Plart CU'ing the aumnw ci 1996. The popONd COM AQawnent for Pf91imirwy Design, COi III acts No . 1, No. 2 and No . 3 and the Reaidliall Aai1t11nce and Study ii $319,054. The water rate incrule to f\Mld this project was palNd by Cculcil on Man:h 18, 1996. Thia ii • budglted itam. UST OF ATTACHMENTS Standard Fonn ci AgrNll'l8nt 8etwNn Own.-and Engi-for Study and Report and Profnlional Design, Bidding and Conatruction Servicel. • . r • I . . 0 I ~2xl ' .,l · .. .:i - ] • • • • • t• • STANDARD R>RMOFAGlmGNl' IETWIIN OWNEll AND ENGINEER JIOR fflJDY AND JUillOaT AND PllOfESSIONAL DESIGN, BIDDING AND CONSDUC'DON SEllVICliS nDS JS AN AGREEMDff a.de u ol _________ tt _ betwem St< 9' DPJNP1 CRJrnt> -------------------•oWND•) and ------------------~GINEE1l•). OWNER Intends to dpfq, IR1 cmmvst Hll'RY'fflttl to treemrzt t 11 at the plant __________________ the "'Project"). OWNER and ENCINEER In can.....,.._ of lhllr amtual w ... 111 ha'lln ..-1n nspec:t of the pedomrmm ar ~ of prafmlGNI ..-tns -.lea l,y ENCINEER with rapect 10 the Pllljlct and tw ,.,._far._ ...re. l,y OWNER OWNEra wdtlan a111harfatlon to ENGINED to plOCIIIII • the data lll9t uowe writtm wllh 11w lute Sinka daalbed In 5adlala 2 Wow 111111 • flrim Nt forth In . - 9/92 Paploflt .. •. ... I· • 0 • • • U. Stmdud of Can. ENClNEER shall perform for or fumllh to OWNER professional engtnartng and related services in all phuel of the Project to which this Agreemlnt appU. u hereinafter provided. ENGINEER shall serve u OWNER'• profeuional and engineering representatm Im the Project providing profeuianll anglnemng consultation and advice with respect theref:o, ENCINEER may employ such ENCINEER's Suhc:ontracton as ENCINEER. deems necessary ID uslst In the performance or fumlshlng of p~ sional engineering and related services hereunder. ENGINEER shall not 1,e required to employ any OWNER'• Sibcontractors unaa:eptable to ENGINEER. .. The standard of care for all professional engineering and related services performed or furnished by ENGINEER under this Agreement will be the care and skill ordinarily IIHd by members of ENCINEER's profeuion pradfdng under similar conditions at the same lime and in the same loallty. ENGINEER mabs no warnntles, express or implied. under this Agreement or otherwise, in ccnnection with ENGINEER'• semces. 1.2 Coordination with Other Donunenll,, It is the intention of the parties that the Standard Cenera1 Conditions will be med u the General Conditions for the Project and that all amendments thereof and npplements thereto wW be prierally consistent therewith. Except as otherwiN defined herein, the terms which have an Initial capital letter in this Agreement and are defined in the Standard Cmera1 Conditions will be 1lled in this Agreement u deftned in the Standard c..aJ Conditions. 'lhe 111nn •4tf,ctiw• will be used in this Agreement u defined in the Standard Cenera1 Conditions. 1.3. Definiticma. Wherner used in this Agreement the following terms have the meanings lndkallld which are applicable ID both the singular and plural theNol: 1.3.1. S,al Snics. Special Serrices IMlnl the Nrrice1 to be performed for or famished ID OWNER by ENCINEER described In Section 3 of this Agremlent. 1.3.2. Agrlffllfflt, Agreement means this Standard Form of Agrnment between OWNER and ENGINEER for Professional Semces Including those exhibits listed in Section ' of this Agreement. 1.3.3. Bak Smnas. Buie 5emces 1N1N the services to be performed ror or famished to OWNER by ENCINEER described In Section 2 of this Agremlent. 1.3A. Construdion Cost. CoNtnaction Cost muns the IDtal COit ID OWNER of thote portions of the entile Project designed or spedfied by EN~ CoNtructicn Cost does not Include ENCINEER's COlllplN&tion and exper,111, the cmt of land. rtghll-Of-way, or compensation for or damages ID properties, or OWNER'• legal, accountin1, inl11rance coanselh,g or auditing services, or lnterat and 8nandng charpl lncUlnd In mnndon with the Project or the cost of Olher MrVica ID be pnmd~ by odml ID OWNER punuant ID Section ' of this AgrNment. CoNtructicn Colt ii OM of the items comprtslng Total Projea Colts. 1.1.5. Conlndor. Contractor mans the person or entity with whom OWNER enten lnlo a written ,m Pap2ofU -• ,. . I \ I r,.· I • • 0 - • • • agreement covering construction wodt 1D be pedormed or fumished with nspect 1D the Project. 1.3.6. EttfiMo'• Subllndor. ENGINEER'• Subcontnctor IMUI a person or tnllty having a CIDlltrad with ENCINEER 1D padarm or flllNlh lmc or Additional Senicel as ENCINEEll'1 indepmdlnt pmfeulonll AlbcDnlradDr a,gapd clndlJ • .. Project. profa1lonal and related H"lces provided by ENGINEER and (on the bull of information fumlshed by OWNER) allowances for such other ltema u c:harga of all other profeslionall and CDNultanta, for the cost of land and ri~f-way, for compensation for or damages 1D propertlal. for lnlaNlt ad lnanclng c:bupl and lor oths _.. ID be provided by olhlll to OWNER aldlr SlctlanC. 1.3.7 • ........W, £..-S!C110N 2-8ASIC SERVICES Cl' Reimbursable ixpeNI IMIN the ftGNEEB expenN1 lncaznd dlncdy In CIIIUIICtlon with the pmomiance or famishing of z.L Stlulf uul a.,mt Jlllue. Buie and Additional Semca for the Project for which OWNER shall pay Upon this Apesnmt becoming effecth,e, ENGINEER u lndlcatad In Exhibit A. ENGINEER lhall: 1.3.8. Roi4tnf Proj«t Rqnl,nUtiw. Resident Project Representative D1UN the authorized representative of ENGINEER who will be uslgned 1D usilt ENGINEER at the lite during the Construction Phase. The Resident Project Representative will be ENGINEER'• agent or employee and under ENGINEER'• 1upervillon. M used herein, the term Resident Project Representative lndudel any usiltanll of Resident Project Representative agreed 1D by OWNER. The dutlu and responlibWtla of the Resident Project Representative are set forth In Exhibit B, -OUtiel, RaponlibWtla and Umltatianl of Authority of Resident Project Representative• ("'Exhibit 8j. 1.3.9. S,.,,,,_rrl Gaoul Con4ltiou. Standard c.n.aJ Conditions a.ns the Standard General Condltlonl of the Construction Conlnct (No. 191()....1) (U90 Edition) of the Engineers Joint Contract Documents Comnlaae. 1.3.10. Total Pro/Id C-.. Total Project Calta 1M1N the 111111 ol the Construction Colt, allowances for contlnpnda, the IDtal costs ol dalgn 2.1.1. Consult with OWNER to dulfy and define OWNER'• requirements for the Project and review available data. 2.1.2. Advise OWNER u to the nKmity of OWNER'• providing or obtaining fftlln others data or semc11 which ue not put of ENGINEER'• Buie Servlcm, and Ulbt OWNER In obtaining such data and Mfflcel. 2.1.3. Identify and analyze nqullmmll of govemmental authorities haYlng jmlldlclion to appme the portions ol the Project specified by ENGINEER with whom CIIIIIUltallon Is to be undatabn In conndan with the Project. 2.U. Evaluate vulous alternate solutions available to OWNEll u dacribed In Exhll,lt A. and, after Cllillullallan with OWNER. rec a e.d ID OWNE1l thoN eolations which In ENGINED'• fadpent bat meet OWNER'• Nqlllnaeltl lor the Project. 2.1.5. Prepare a nport (the -..,c.t") which will contain the 1talillnlnt ol OWNER'• requ!Nmlnll for the Projlct and, u appropriate, will contain 9/92 Pap 3 ol U ,, - " I • • 0 '32xl - - • • • 0 I• • schematic layouts, sketches and conceptual design criteria with appropriate exhibits to Indicate the conslderatlom involved and those altemata IOlutianl rnilable ID OWNER which ENCINEER rKOllllllmds. 1his report wUJ lie accompanied by ENCI- NEEll'1 opn1on of Tocal Projlct C.Glll lor ach tolutlon whidl II IO rec:ornmmdld fordw~lndudlngdw~ opinion of probable c.omtructlan COi~ aUowanca lor c:antlftpnda including CDl1I of dalgn pmleaionll and relmd Mfflml buld on lnlonnation fumilhed by OWNER for aDowances and other items and NmCel included within the definition of TOlll Project Colts. 2.1.6. famish the Report to and lffiew it with OWNER. 2.1.7. Rnise the Report in response to OWNER'• COlllllllllll, u appropriate, and furnish final copies of the Report in the number set forth in Exhibit A. 2.1.8. Submit the Report within the stipulated period Indicated in Exhibit A. 2.1.9. ENGINEER'• services under the Study and Report Phase will be CONldered complete at the earlier ol (1) the date when the Report hu been accepted by OWNER or (2) thirty days after the date when 1uch Report is delivered to OWNER for final accep- tance. plus in each cue such additional time u may be CONidenld nuonable for obtaining approval of govmunental authorities having jurildictlon ID ,mew the portioN of the Project apecified by ENGINEER. if such approval II to be obtained during the Study and Report Phue. The duties and responslbllltin of ENGINEER during the Study and Report Phase u set lorth in this paragraph 2.1 are amended and supplemented u indicated in Exhibit A. U DulpPlwL 2.2.1. Prepare for incorporation in the Contract Docwnents final Drawinp lhowing the scope, IXlent and chancter of the wodt ID be pcfora.ed and fumllhed by CanlraclDr and SpedftcatioN (which wOI be prepared. wlme appropdata. in general CIONOIIIIIIICa with the lixtaen divbion format of the Construction 5plciflcltiom lnltltule. 2.2.2. Provide lal:hnlcal c:dleda. wdtlen ducrlptions and design data for OWNER'• use in filing appllcatiolll for permits with or obtaining approvals of such governmental authorities u have jurisdiction to review or approve the final deslp of the Project, and uslst OWNER in consultations with appropriate authorities. 2.2.3. Advise OWNER of any adjustmlnll to the opinion of probable Constnaction Cost and any adjultznlnll to Total Project Costs known to ENGINEER u a ,-ult of changes in scope. extent or chuadar or design requizemlnll of the Project. 2.2.4. Prepare for NView and appronl by OWNER, its lepl counsel and other advbon, contract agreement forms, pnera1 conditions and supple111111tuy c:anditlom, and (where appropriate) bid forms, invitations to bid and inltrudlonl to bidders, and wist in the preparation of other related docwnents. 2.2.5. Pumlsh five copies of the abaft doc:mnants, Drawings and Spedftcadons to and ffl'iew them with OWNER. 2.2.6. ENGINEER'• HIYlca under the D11ign PIIIII wDl lie CIINidlNd mmpla at the earlier of (1) the data whan the submlttals have been accepted by OWNER or (2) thirty days aflar the dalll whan such sublllittals an delmnd to OWNER for final KCllptance. plu In ach cue such additional tilM u may lie ,m Pap4of1' ...... .. I • • 0 '32xl -• • • considered reasonable for obtaining approval of govemmental authodtia having jurisdiction lo appl'OYe the portions of the Project designed or 1pedfted by ENGINED. If nch appronl II to be obtained dudng the Delp JlhaN. the dutl• and rupomlllllltia of ENCJNEEll dudng the Dlltp Phw .. umrlded and supplemlnlld • lndlcalld In Exhibit A. 2.S. BlcWDg mNepllalllls ...._ Mm acceptance by OWNER of the ENCINEER'1 Drawings, Speclftallons and other Deslp Phase clocummtdan (lncludJng the most ncent opinion of probable Construction Colt). and apon written authorization to proceed, ENCINEER lhlD: . 2.3.1. Allllt OWNER In adffl'1lllnl lor and obtaining bldt or Mptlatlng psopoull lar ... mnlraCt far cxnlnldlon. maledall. eqalpllllllt and llffka; and. whlN appUcable. maintain a l9COld of prospet11Te bldden to whom lidding 'Doc:wnadl ............. .-Id,... bid confawas, If any. and l'IClllft and pmca clepolitl far Bidding DoamwllL 2.3.1. lllue Added& u appropriate lo clarify. comet or chanp the Biddlns Dacumalll. t~ " - 2.3.5. 1he Bidding or Negotiating Phase wDl lerminate and lhe HrVlces lo be performed or fumilhed thereunder wm be considered complete upon ~of theConslructlanPhw or upon Clllladon of neptlallolll with J*mpecllft ComlldDla. the dutl• and nsponaDJWtles of ENCINED darlna the IJddlns or Negotiating Phase u Nt farth In this paragraph 2.2 an ammuled and supplea,adlcl u lndlcalld In E1chllllt A. M, CmltnlctlonPIIIN. During lhe c.on.tructlonPI-= 2A.1 Catnl Alministmin of Construdioll Connet. ENGINEER shall consult with and advise OWNER and act u OWNER'• repruentatlve u proYtded In the Slandud Clnera1 Conditlalll. 'Ille allnt and llmltatlons of the dutl•. re1pon1ibWtl• and authority of ENCINEER u Ullplld In 111d Slandazd Clnera1 c:ondltkllll shlll not be modified eapt lo the edlllt pro,lded In lxhlllt A and except u ENCINED may otherwlH &pee In wrltlns· All of OWNER'• lmtrudlonl lo CanllaCIDr wtD be laued throup ENCINEER who nil have authority to act on behalf of OWNER In dea1lnp with CanllaCIDr lo ... emnt pnmded In this Apwmlnt and salcl Standard Clnera1 Coadllioftl empt. oe... pnmded In wdllni, 2A.1. VWtl lo Sll, a4 oe.,.,... of~ In COftNCtlon with obllrvallonl of the wart of Canlradlar while In...- 2A.1.1. ENCINEER lhal1 maJca wits to the site at lntenall appropdate lo the 'ftllou .... of COftltnaction u ENCINEIR ... .......,.1norder1oaa.... ,m. Plp5ofU ~--:--------... ~---!mlllllll!III""_ ... __ • .... • . .. I • • 0 , - - ,m • • 0 • u an experienced and qualified design professional the progress and quality of the various aspecll of Contractor's work. In additian. ENGINEER shall provide the serv1ca of a Resident Project Representative at the lite ID ulilt ENGINEER and ID pnmde men continuous observatiON of IIICh work. The fumlshlng of such Resident Project lepnsentatlYe se"icH will not extend ENGINEER'• rupoNlbWties or authority beyond the 1pedfic llznits Mt forth elsewhere In 1h11 paragraph 2.4. Such visits and observations by ENGDIIEEll and the Resident Project Representative are not intended ID be exhaustive or ID extlnd ID Wl!rf aspect of the work In progress, or ID Involve detailed inspections of the work beyond the responslbWties spedfically auigned to ENGINEER in this Agreement and the Contract Docmnenls, but rather are ID be llznited ID spot checking, selective 1ampllng and limUar methods of general observation of the work bued on ENGINEER'• exercise of profeuianal judpwnt u usilted by the Resident Project Representative. Bued on information obtained during such visits and such obn"ations, ENGINEER shall endeavor to determine In general if such work ii procaeding in accordance wilh the Contract Documents and ENGINEER shall bep OWNER informed of the progress of the work. The ruponslbWties of ENGINEER contained in this pangraph ue expreuly subject ID the limitations set forth in paragraph 2.,.2.2 and other express or pneral llmitatioN in this Agreement and elsewhere. 2.,.2.2. The purpose of ENGINEER'• visits to and representation by the Resident Project Representative at the 11111 wW be ID enable ENGINEER to better carry oat the duties and respomlbWties aligned to and andertabn by ENGINEER daring the CONtraction Phase. and. In addition, by the exerdH of ENGINEER'• efforts •• an experilnced and qualified design professional, to provide for OWNER a greater degne of confidence that the completed work of Contractor will mnfonn In pneral ID the Contract 'Docwnmtl and that the integrity of the design concept of the completed Project u • functioning whole u Indicated in the Contract Documents has been Implemented and preserved by Contractor. On the other hand, ENGINEER shall no~ during such Yillll or u a rmalt of sud\ observations of Contractor'• work In prograa, supervlH. dlrect or have control over Contnctm's work nor shall ENGINEER have aathodly over or nsponslbWty for lhe IIIIIN, methods, tec:hniqllel, aequenc:a or procedures of mnstnx1lon llllclad by Canmdar, for safety precautions and propams lncldant ID the work of ContractDr or for any faDure of Conlractor to comply wllh laws, rula, nplaticns, ordlnanca, mda CII' ordm appllcable ID ConlrlclDr'I furnilhlng and performlftl the work. Accordlnsly, ENCINIER neither gaarantHI the perfonNnce of a,ry _Conlndar nor u1u1M1 responsibility for any Contrac1Dr'1 .failure ID fumiah and perform Ill work In accordanca with the Contnct Doc:umnL 2.U. Dtfrdlw Wort. · Dudna luch vllill and on the bull of nch Pap6of19 .. - I • • 0 ]- - • • 0 I • • obse"atioN, ENCINEER shall have authority to disapprove of or reject Contractor's work while it II In propas if ENGINEER belinel that such work will not produce a cmnpllllld Project that conforms generally to the Contract Documents or that It wD1 prwjudicl the Integrity of the dellp mncept of the completed Project u a fandlanlng whole u Indicated In the Conmct Doc:umadl. 2.U. Clllrifiartiou a4 lnt,,,,,r.tiou; Fiel4 Ordm. ENGINEER shall Issue necessary clarificatiON and Interpretations of the Contract Documenls u appropriate to the orderly completion of the work. Such clarificatiON and lnterpmationl will be consistent with the Intent of and reuonably Inferable from the Contract Documents. ENGINEER may blue Pleld Orders authorizing minor Vlriatlonl from the requirements of the Contract Doc:ummts. 2.4.S. ClrmJt Or4en •n4 Work Clrmp Dirtctiva. ENCINEER. shall recommend Olange Orders and Work Olange Dinctlve to OWNER. u appropriate, and shall prepare Change Orden and Work Oange Directive u requncl. 2.4.6. Shop Dmzlilip. ENGINEER lhall review and approve (or tab other appropriate action In respect of) Shop Drawings and Samples and other data which Contractor II NqUlnd to submit, but only for conformance with the Information given In the Contract Documents and compatlbWty with the design concept of the complelad Project u a functioning whole u lndlcatad In the Contract Documents. Such rmews and approvals or other action will not alllld to IIIUN, methods, tllchnlqua, NqU111C81 or proaeduns of construction or IO Mfety precautions and programs Incident thereto. 2A.7. Suhtihita. ENGINEER shall evaluate and determine the acceptabWty of substltuta or •or-equat" materials and equipment propoNd by Contractor, but subjlct ID the prorilionl of panpph 3.2.2. 2AA bupdom-' r-. ENGINED may require •pedal lnlpedlanl or lats of the wade, and lhall nc:eiTe and lffiew all c:mdficallls of lnlpeclkn, .... and appn,nll Nqldrad . by laws, ruJas. regulatlons, ordlnanca, coda, Oldln or the Contmct Doc:amalll. ENGINEER', lfflaw of such c:mtU1cam will be for the purpose of determining that the results certified Indicate compliance with the Contract Docummtl and wD1 not constitute an Independent evaluation that the conllnt or promcluns of 1uch lnlpectiont, leltl or approvala comply with the requirements of the Contract DocmNnll. ENGINEER shall be entitled ID rely on the results of such tats. 2.U. Dislf'WlllffllS htlwal OWNER a4 Colltnaor. ENGINED ahall nnder the Initial dec:llioN on all dalml of OWNER. and Contractor relating to the acceptal,Dlty of the work or the Interpretation of the requ1nm1n11 of the Contract Docummtl pertaining to the eucutlon and progress of the work. In nndedng auch declaiom, ENGINEER shall be fair and not lhow partiality to OWNER or Contractor and shall not be liable In cannactlon with any decision nnderad In good faith In such capacity. 2.UO. A,r,liatiOIII for Pq,nnt. Baaed on ENGINEER'• on-site observations u an experienced and quallfted design profallonal and on review of Applicatlonl for Paymant and the~ data and Khadulaa: 2.uo.1 ENGINEER shall determine the amounts that ,m Pap7ofU . .... • .. I • • 0 - ,m • ENCJNEER na,INlll!llds c.ontradDr be paid. Such rlCOINllllldalianl al payment wW be in writing and will constitute ENGINEER'• repnsentation to OWNER. 1IUed an such obHrvadonl and Nriaw, that, to the beat of ENCINEER'a lcnowledp. lnfmmation and blUlf, the work hal progrened to the point lndkatad. the quality al ndt work II generally in acamlance with the Contract Documents (subject to an naluation al such work u a functlonlrlg whole pdor to or upon Subalanlial CompJetlol,, to the results of any subNquent tests called for in the Contract Documents and to any other qualifications stated in the recommendation), and the amdilions precedant to Contractor'• being entitled to such payment appear to have been fulfilled in so far a1 it ii ENGINEER'• responslbWty to observe the work. In the ca1e of unit price work. ENCJNEER'1 recommendationl of payment will include final determinations of quantities and dusificaticN of such work (subject to any subsequent adjustments allowed by the Contract Documents). 1he responsibWtia of ENGINEER contained in paragraph 2.3.10.1 are expressly subject to the limitations Mt forth in paragraph 2.3.10.2 and other express or general limitations in this Agreement and ebewhare. 2.4.10.2. By recommending any payment ENGINEER ahall not thueby be deemed to have represented that on-site observations made by ENCINEER to check the quality or quantity al Contractor'• work •• it ii performed and furnished haft Nm exhaustive, extended to nay upect of the work in props, or • 0 I • • involved detailed inspections of the work beyond the re,porslblli ties I pedficall y usigned to ENGINEER in this Agreement and the Contract DocmNnts. Neither ENCINEER.'1 rmew of Cantrador'1 work for the purposes of recommending payments nor ENGINEE1l'1 recommendation of any paymmt (Including final payment) will Impose on ENGINEER respanslbWty to supervlH,, d1nct or control such work or for the means, methods, technlqan, nquencu or procedures of antnu:tlan or safety pNC&utionl or progrlll\l inddent thereto, or Contractor's compllance with laws, Nles,"'8WltioN, ardinancel. codes or orders applicable to Contractor'• furnishing and performing the work. It wW also not 111\pon responslbWty on ENGINEER to make any examination to uceztain how or for what purpoHI Contractor hu used the moneys paid on account of the Contract Price, or to dellennine that title to any of the work. materlah or equipment hu pused to OWNER free and dar of any llenl, clalml, NCUrity intemts or ancumbnnce, or that there may not be other matters at lasue betwNn OWNER and Contractor that might affect the amount that should be paid. 2.C.U.Contnctor'1 Compldiofl Doallllffltl. ENCINEER ahaD receive, rnlew and transmit to OWNER with written comments maintenance ..and operating lnstructiom, 1chedul11, guaranten, Bonds, mtlftcalel or other evldtnee al lnsurance nqulnd by the Contract Doaunents, certiflcam of lnapection. tats and approYal1, and marbd·ap record documents (Including Shop Drawinp, Samples and othu data Pap I af 19 • I'~ • . 0 I • • 0 t • • 0 I • • approved as provided Wider paragraph 2.4.6 and marked-up record Drawings) which are ID be assembled by ContndDr in accordance with the Contract Oocwnentl to obtain final paymanL ENCINEElt'1 review of luch clocammll will only lie ID detmnine pnerally lhat their content complies with the requimnentl of, and In the cue of certificate of inlpectiON, tell and apprOftll that the raultl c:ertlfted indicate compliance with. the Contract DocummlL 2.,.12. Sllhtlmtiil Compldion. Following notice frmn Contractor that Contractor considers the entire work rudy for ill intended u,e, ENGINEER and OWNER. accompanied by Contnctor. lhall conduct an iNpedlon to determine if the work is substantially· complete. U after conaidering any objection, of OWNER, ENGINEER conslden the work 1ubstantially complete. ENGINEER lhall deliver a certificate of Substantial Completion to OWNER and Contractor. 2.U3. Fiul Notice of AcupWnlity of tlu Wort. ENGINEER shall conduct a final inspection ID detennine if the completad work of Contractor is acceptable so that ENGINEER may recommend, in writing. final payment to Contractor. Accompanying the recommendation for final payment. ENGINEER shall indicate that the work ls acceptable (1ubjld ID the provisioN of paragraph 2.U0.2) ID the best of ENGINEER'• knowledge, information and belief and based on the extent of the Hffices performed and fumishld by ENCINEER under this Agremwnt. 2.u,. Umiution of~ ENGINEER shall not be nsponslbJe for the acts or omissians ol any Conllaclar, or of any subcontractor, any suppller, or of any other person or or1anlution '· performing or fumishing any of the work. ENGINEER lhall not be responsible for Contractar's failure to perform or fwNlh the work in accordancll with the Canlnct DocummlL 2A.15. Daastioll ,, eon.mdolr .,..., The C.oNtnacllon Phase wU1 COllllllalm with the execatlan ol the CDllltradlan mntm:t lar the Pmjlct ar any part._.,, and will terminate upon written NCOllllllllldatlan by ENCD'oJEER of 8nal payme,t. The duties and raponslbWtlel of ENGINEER during the Constnactlon Phase u Mt forth In this paragraph 2.C are amended and supplemented as lndicalled in Exhibit A. 2.5 Operatlaml Phue. During the Operational Phase, ENGINEER shall, when requested by OWNER: 2.5.1. Provide assistance in connection with the refining and adjusting of any equipmmt or system. 2.5.2. Assist OWNER in training OWNER'• staff to operate and mainlain the Pmjlct. 2.U. Assist OWNER in developing sys1111n1 and palClldum for CDlllral of the operation and llllinllnanm of and l9CDld bepillg for the Prajlct. 2.5A. PnpaN a Mt ol npn,cladble l9CDld dnwlnp lhowing ncord lnformallan which ENCINEEI CONlden IJ&nUkant bued an the Dmwlnp. Shop Drawlnp, and other NCDnf doc:uawlll fumllhed by Contnctor ID ENGINEER which ,.... annotated by Contractor to show all changes made durin1 coaatructlon. ENCJNEER wm not be raponslbJe 1or any errors in or omlldons In the lnfonnatlan pn,ridld by ConmclDr that Is inmrporalld in the NCOld clrawil9 or ,m Pap9ol19 . - , - I • • 0 ' 2 • 0 I• • other ncord doc:umentL usessments and impact statements; ffYiew and evaluation of the effect on 2.S.S. In company with OWNER. visit the _design reqvimnents of the Project of the Project to observe any apparent any such statements and docwnenll defects In the completed work, ulilt prepared by othen; and uslltance In OWNER In consultations and dilclmlons obtaining approval, of authorities with Contractor concaming cornction of having jurlldktion over the anticipallld such defects, and mab remmmendalkn IIWfronmenlal impact of dw Projlct. u to replacement or correction of 3.1.2. Services to make mu.sured defldm work. drawlnp of or to invutipte editing 2.S.6. Provide miscellaneous NfflCIII u conditions or fadlitia, or to ftdfy the nquested by OWNER in connection with accmacy of drawings or other lnformallan Project c:loleout. furnllhed by OWNER. 3.1.3. Services resulting from lignl&:ant 2.S.7. The Operational Phase may changes in the scope, extent or character commence during the Constructlan Phase of the portions of the Project designed or and will terminate one year after the specified by ENGINEER or ill design date of Substantial Completion. requirements Including. but not limited 10, The duties and responsibllitie1 of changes in size, complexity, OWNER'• schedule, character of comtructlon or ENGINEER during the Operational method of financing; and reviling Phase u set forth in this paragraph 2.5 previously accepted studies, reports, are amended and supplemented as Drawings, SpeclficatioN or Contract indiated In Exhibit A. Documents when such revisions ue required by changes In laws, rules, SEcnON 3-SPEClAL SERVICES OP regulations, ordinances, coda or Olden ~ lnactad subsequlnt to the effective date of this Agrem,mt. or ue due to any other s.L Services Requldng Aathodzadoa Ill caUNS beyond ENGINEER'• control. Aclnnca. U authorized in writing by OWNER. 3.U. Providing renderings or models for OWNER'• me. ENGINEER shall furnlsh or obllin from others Special Services of the types 3.1.S. Pnparing docummts for alllll:nate listed in pangraphs 3.1.1 thzough 3.1.16, bids requested by OWNER for Inclusive,. u amended and suppllmlntad Conlnctor's wodt which ii not eecuted u Indicated In Exhibit A. 'lbese .... or documnl for ouklHlqUlnCI wade. • ue not included u part of Buie Semcm except 11D dw extlnt otherwlN prorided 3.1.6. UndertaldJlg irmltiptionl and In Exhibit A. n.. llfflC8 will be paid studies Including, but not Umillld to, for by OWNER u indlcallld In Sdon 6. detailed consideration .of operations, mainlananm and o,.twd ..,._. dw 3.1.1. Preparation of applications and preparation of feuibWty studies, cash supporting dOCIUllllltl (In addition to aow and economic evaluations, rate • those furnished under luic Slnlml) for lchedules and apprallall; ulilllnce In I private or govemnnlll pant,. lolnl or obtainingfinarldng~rtheProject; advances In conMCtion with h Plaject evaluating procu1u available for • • preparation or review of envlranmmlal licensing and usiltlng OWNER In 91'12 ... 10of19 C • • , - - • obtaining process licensing; detailed quantity 1urffY1 of aiaterials, equipment and labor. and audits or inventories nqWNd In connection with ciwtructlon pefoualld by OWNEll 3.1.7. Pumllhing semcm of ENGINEER'• Subcontracton for other than Buie Semcel; and fumishlng data or NmCB of the types descriNd In paragraph 4A when OWNER employa ENCINEER to provide audl data or ISYlml In Jin of furnishing the same under paragraph U. 3.1.8. Services dmlng OUMl-town tn"1 reqwnd of ENCINEER other than Yilill to the site or OWNER'• office u nqulnd by Section 2. 3.1.9. Preparing for coordinating with. participating in and responding to 1tructmed independmt review procme, Including, but not limited to, Construction Management, Cost Estimating, Project Peer Review, Value Engineering and ConstructabWty Review requested by OWNER; and performing or fumishlng services required to revile 1tudiu, reports, Drawings, Spedficadom or Contract Documents u a result of audl review procesaes. 3.1.10. Detmnining the acceptabWty of substitute aiaterials and equipment proposed during the Bidding or Negodating Phase when aubadtudon prior to the award of contracts ii al1oW9d by the Bidding Docunwnts. 3.1.11. Alslsllllee In CCINWCdon with bid protests, rebidding or renegodating contracts for CONtructlon. aiateriala, equipment or llll'Yica 3.1.12. Providing field surveys for daslgn purposes, englnlatng IUffeyl and ltaklng to enable Contractor to prOCNd with 111 work. and uty type of property eun-,. or related engineering Hl'Vlcaa Nlded for the transfer of lnterall In Na1 property; • 0 I • • and pnmd1fts other lpmal fteld llllft7L 3.1.13. Prapuation of operatlnc, lllaildanala and ...... -" ID 1uppl.-t luk 5enicel ad• paragraph 2.5.3. 3.1.14. Plowldlac ._. ... ...._ NqUlNd to analtJe ENCINIER to ._. aotlcel or c:mtlficallalll req.-..S Ii')' OWNER under paapaph 4.12. 3.1.15 • ...,.. ID...,. or ...... a mn111ltant or wl1NII for OWNER In-, lltlptlon. arbitration or other lap1 or administrative proceeding Involving the Project (except for uslltance in Cllnl\lltadons which ii Included u put of Buie Servk.n under pangraph 2.2.2.). 3.L16. Other spedal MmCB perfonmd or furnished by ENCJNEER in COIU.ecdon with the Project, indudlng aemcu which are to be furnished by OWNER under Section 4, and services not otherwise provided for In this AgraNnt. When required by the Contract Documents in connection with the performance or fumlahlng of ENCINEER'1 nrvice1 during the Construction Phue. ENGINEER lhall perform or fumilh. without waiting for apeclflc authortzadon from OWNER. Spedal Services of the types U.tad In panpaphl 3.2.1 throup 3.2.7, lncbaam. 'lheM NfflC8I AN not Included U put of Basic Senlca except to the extant pnmded in Exhibit A. laqulNd Spma1 Servlca wD1 be paid for by OWNER u lndlcatad in Section 6. ENCINEEI lhaD adYIN OWNEll in writing promptly lftar ltartlrlg any auc:h Special s.m.:..- 3.2.1. Senlm In COIIIIICllon with WOik Ollnp DlnctlTII and Olanp Ordas ID nkt c:hanpa nqueatad by OWNER if, ,m l'lll11ol19 . - "' - D I • • 0 - 1-- • (. because of the method of COIIIJlllllallon agreed upon by OWNER and ENGINEEI,, the resulting change in compwatlan fDr Buie 5ervlce.t ls not COllllllllllllr with the extent of the ,pedal Hffice rendered. 3.2.2. Semcel In muinl rfflllam ID Drawings and Speclflcallolll a c:caehNd by the acceptance of aublllbdl ......... or tqulpmlnt other thin·~ lllall,; and Hffice after the award of die CONtructlon contract in naluatlnf and detmnlnlng the acceptabWty of a IUbstitutlon which ls lnappropdale fDr the Project or III exceum IIUdler of IUbstllutlanl. 3.2.3. Services resulting from lignlficant delaya, changes or price lncreua occurring u a direct or Indirect result of materials, equipment or mergy lhortages. 3.2.4. Additional or extended aervlcel during construction made necmary by (1) work damaged by fire or other cause during construction. (2) a 1lgnlftC111t amount of dtf«tiw, neglected or delayed work of Contractor, (3) aa:eleratlan of the progress schedule involving Hrricu beyond normal working hours, or (4) default by Contractor. 3~. Services (other thin Buie Servlces during the Operational Phase) In COMeCtlan with 111y partial utlllzatlan of 111y part of the Project by OWNER prior to ill Subl1antlal Completion. 3.2.6. Evaluating III uanuonaltle claim or III exce11lve number of dalml submitted by C.onlnctor or olllen in COMICtlon with the wart. 3.2.7. Services ID lffiew ach lhop dnwing or other submittal 11111ft tbm two thna. • 0 I~ • SECI10N 4-0WNER'S BESJ'ONSIBJIIJJ Except u otherwlle provided In Exhibit A. OWNEll lhall do the following In • timely manner IO u not ID da1ay the avlml of ENCINEER and lhaD bar aD mltl lnddlnt lheNtlo: il Designate in writing a pmon ID ad • OWNER'• npnaentatm wllh -,.ct ID the Hffices ID be performad or fumlshed by ENCINEER under 1h11 Agreement. Such penon wUI Mff complete authority to transmit in1tructlon1, receive Information, interpret and define OWNER'• polldel and decl1lon1 with respect to ENGINEER'• Hrvfc:a for the Plajlct. .4.2. Provide all criteria and full Information u to OWNER'• Nqalnawdl for the Pzoject, lndudlng design obJd•• and constraints, space, capadty and performance Nquirelnenll, f1exlb1Jlty and expe,dabillty, and fumlsh copies of all · dulgn and construction ltlndudl which OWNER will require to be Included in the Drawings and Speclfkatlanl. 4.3. Asslst ENGINEER by placing at ENGINEER'• disposal all avallable information pertinent ID the Project lndudlng prmous reports and any other data relative to design or construcllon of the Project. U. Fumilh to ENGJNEEI,, u nq'*1lld by ENGINEER for performance of luk: Servlc:m or u NqUlNd by the Conlnct Doaumnll, the folJowtn,: U.L data pnpnd Ir)' or-*-of others, Including without Umltallon explondanl and ..... ol aublmface mndlllonl at or a:wiguoul ID 11w 11111. drawlap of phyllcal mndlllalll In or nlatlns to exiltlns surface or IUblmal:w ltnaebnl at orc:ionllpou ID the Ille, or hydropaphlc llllftyl; 9/VZ .... UofU ' II - • . ~ ., I • • 0 - - • • - U.2. the Ml'Vices of an lndependmt testing labontory to perform all inspectiON, tests and appronls of samples, materials and equipment ,.,.3. appropriate professional Interpretation of all of the foregob.g; '·'-'· environmental UHlsmenll, audits, Investigations and Impact statements, and other nlnant enviromnental or cultunl studies • to the Project. the lite and adjlcalt areas; ,.u. field surveys for dalgn purposes and property, bounduy, easement, right-of-way, topographic and utility IUlft)'I or data. lncludillg relevant reference pofntl; U.6. property descriptions; U.7. zoning. deed and other land me restrictions; and ,.,.8. other special data or consultations not COV..S In Section 2. OWNER lhall be responsible for, and ENGINEER may rely upon. the accuncy and complellneu of all reports, data and other Information fumilhed punuant ID this pangnph. ENGINEER may UH 1uch reports, data and information In perfonnlng or fumishlng NrYices under this Agreemmt. ,.s. Provide. u required by the Contract Docwnentl, engineering IU"eJS and lta1dng (except u otherwlle provided In Exhibit A) ID enable Contractor to proceed with the layout of the work. and other spedal field surveya. 4.6. Arrange for acces1 to and make all provisions for ENGINEER ID 1n1ar upon public and prlva• property u nqulnd for ENCJNEER ID perform MmC11 under this Agreement. U. Examine all alternate aolutlonl, studies, reports, 1btcha, Drawlnp, Specificationl, proponla and other doaunentl presented by ENGINEER (Including obtaining advice of an aaomey, lmuranca CDIIIINlor and othar consultants a, OWNER dNllll appropriate with napect to such examination) and render In writing dlclalonl pertllnlna 1hlNID. u. Plowtde appnm1I and pennlll fl:oln all pemmental authorltla haTlng judldictlan ID appzove the portlonl ol the Project designed or 1pedfted by ENCINEEll and such approvall and mN9ltl from others u may be nemmry for completion of luch portions of the Project. U Prmde, u maybe ncplncl fm f:ba Project U.1. accounting, bond and flNndl1 advisory, Independent cost estimating and lnlunnce counaeUng aervtce; U.2. such llpl ..-riclll u OWNER may require or ENCJNEER may nuonably ncpat with aprd to lep1 blue per1lllnlnc ID the Project. Including any that .., be ralNd by Canlraclm; and 4.9.3. such auditing MmCB u OWNER may nqulze ID ucertaln how or for what pmpoN C.0.lllaclDr bu used the IIIIINJI paid Oil acmant of the Contract Pdcll 4.10. ProYlde such Inspection or manilDrlna llfflml by an lndlYklual or entity other than ENGINEER u OWNEJl 1111)' delirt ID ftllfy: U0.1. that CanlraclDr II c:amp1ytng with any law, rul~ regulation, ordlnanm. code or mdar appUcable ID Contractor'• perfonnlng and 9/f/'Z Pap 13 fl 19 • " - I • • 0 - • • 0 I• • furnishing the wodc.; or U0.2. that Contractor II taking all necessuy precautioN for Nfety of persoN or property and complying with any apedal provislON of the Contract Documents applicable to Nfety. ENGINEER does not undertake In this Agreement to perform the Hrrica refemd to In U0.1 and U0.2 ahoYe. 'lhe Identity of any Individual or entity employed to perlorm such Mrrices and the scope of such services will be dlsdosed to ENGINEER. 4.11. Advise ENGINEER of the Identity and scope of services of any Independent cONultants employed by OWNER to perform or fumllh services In regard to the Project. lndudlng. but not llmlted to, Coratr1etl en ManagelNl\t, Cost Estimating, Project Peer Review, Value Engineering and Conltructabillty Review. U OWNER designates a penon or entity other than, or In addition to, ENGINEER to represent OWNER at the site, OWNER shall define and set lorth In an exhibit that ll to be mutually agreed upon and atllehed to and made a put of 1h11 Apemerlt before such Mrrices begin. the duties, re1pon1lbllitle1 and llmitatlON of authority of such other party and the relation thereof to the duties, NlpONlbilltles and authority of ENGINEER. U2. Prior to the commencement of the Construction Phue, notify ENGINEER of any varlatioN In the language of the Notice of Acceptability of Work,, or of any notice or mtlftc:atlon other than such Notice that ENCDIIEER will be NqU111ac1 to provide to OWNER or third putlel In connection with the financing or completion of the Project. OWNER and ENGINEER shall nach agreanant on the tenN of any such requested notice or certification and OWNER shall authorize such Special Services u are necessary to enable ENGINEER to provide the notice or certification requested under 1h11 paragraph. '-13. U more than one prime contract ii IO be awarded for work designed or ~ by ENQNED. designate a penon or entity to have authority and respoNlblllty for coordinating the activities among the nrloa1 prime contractors, and define and Mt for1h the duties, responsibilltlel and llmilatlom of authority of such penon or entity and the relation thereof to the duties, re1pon1lbllitle1 and authority . of ENCINEER In an exhibit that II to be mutually agreed upon and attached to and made a part of 1h11 Agreement before such semca begin. 4.14. Furnish to ENGINEElt data or estimated figures u to OWNER's antldpated costs for services to be provided by others for OWNER (such u Mrrices pursuant to paragraphs U, 4.5 and 4.7 lhrough U4, Inclusive) and other COits so that ENGINEER may make the necessuy calculations to develop and pertodlca1ly adjust ENGINEER'• opinion of Total Project Costs. US. Attend the pre-bid conference, bid opening, pre<oNtructlon conferences, CDNtrudion progrm and other Job relallld meetings and Substantial Completion and final payment lNpectlons. 4.16. C:lve prompt written notice to ENGINEER whenffer OWNER obMrVa or olherwlle becomes aware of any development that affects the scope or time of. performance or fumlshlng of ENc:INEElt'1 aerric:es, or any defect or CDlfoananca In ENGINEER'• Mffiml or In lhe work of any Co!ltnetor. 4.17. Pumllh or direct ENGINEEll ID provide, Speda1 5emca U 1tlpu]md In ,m Pap 14 o11, ...... ' I • • 0 - • paragraph 3.1 of this Agreement or other services u required. US. Provide labor and llfety equipment to open and protect manholes I/ltd/or ID operate valves and hydmnll u nq1IINd by the ENGINEER. 4.19. Bur aD costs lnddant to a,mpliance with the requirements of this Seclkxl"' SEC1l0N 5-TIMES FOR RENDElUNG 1iiBYQ$ 5.1 If In this Agreement specifk pedodl of time for nnderlng llfflC8 11'1 Mt forth or specific dalllS by which MrYkll am to be completed are provided and If IIICh periods of time or dates are dwlged through no fault of ENGINEER. the rates and amounts of compmation pnmdecl for herein shall be subject to equitable adjustment. If OWNER hu requested changes In the scope. extent or character of the Project, the time of performance and compensation for ENGINEER', llrvims shall be adjusted equitably. 5.2 If ENCINEER'1 llfflca 11'1 delayad or 1uspended In whole or In put by OWNER: 5.2.1. for more than lhNI monthl through no fault of ENGINEER. ENGINEER lhall be entitled to equitable adjustlnlnt of ralm and amounts of CIOlllpalAtlon pnmdad for ellewhere In thll Apeement to reflect, among other things, reuonable co1t1 inC11ned by ENGINEER In c:annection with luch delay or IUlplNlon I/ltd reactmtlon and the fact that the time for perfonnanm under 1h11 A,.......a hu be8\ revlNd; or 5.2.2. for DION than CIN yaf lhroup no fault of ENCJNEER. the ram I/ltd amounts of CIOlllpalAtlon pro,ldld far elsewhere In 1h11 Apemerlt will be • 0 : • • 1ubject to equitable adjustment to nflect. among other lhlllp, c:hanps In the various elements that comprlN . IUCh rates ol mnpensallan. 5.3.. In the fflnt that the work dellgMd or 1pedfted by ENGnaEll II to be pefornwd or fmnilhed under 1111n than one prime c:antnct. or If ENGINEER'• Mfflcel an to be Hp&rately teqaancad with the work of one or man prime c:antncton (llldl • In the caN of ,.. tracking), OWNER and ENGINEER 1hall, dnelop a 1chedule for pefonnance of ENCJNEER'1 Mfflcel In ordar to NqUBlm I/ltd coordlnalll propely l1ICh ...tees u are applicable to the WOik under lud\ aeparale prllm cmdraCII. 11lil IChedule ii to be prepared and Included In Exhibit A whether or not lhe work under l1ICh contracts ls to proceed an:uznndy. SEC1l0N 6-PAYMENTS 10 ENGI- NEER POR SERVICES AND REIMBURSABLE EmN5fS "1. ....... .,..,..,.s.mc.. .... Exp.-of ENGINEEL 6.LL 1or Jlaic Snica. OWNER lhaD pay ENGINEER for Buie Semca perfonmcl or fumilhed under Section 2 an the bub Mt forth In Exhibit A. 6.1.2. ,,,, s,..z Smica. OWNER lhall pay ENGINEER for 5peda1 5emces performed or fumllhecl under Section 3 an the bull Mt forth In Exhibit A. 6.U. hr .Ralnhnul, Eqam. In addition to pa)'INfttl pftWlded lor In paragraphl 6.1.1 and 6.1.2. OWNER lhall pay ENCINEEll for Ralmbunable !xpenMI lncumd by ENCJNEER and INCINEER'1 Subc:antrac1on u 11t forth In Exhibit A. nie amount payable for ,m ... 15ofU .. - ... I • • 0 • Reimbursable Expenses will include a factor to the extent so indicated in Exhibit A. 6.U. Ta on Srnial The amount of lflf exdse. VAT or grou receipts tax that may be impoled lhaD be added to the compensation u determined above. 6.2.1. Prq,tlratiOII t,f 1"'10iuJ. Invoices for Basic and Special Services and Reimbursable Expenses will be prepared In accordance with ENGINEER'• standard Invoicing practices and will be submitted to OWNER by ENGINEER at least monthly. The amount bWed for Buie Services and Special Services in each invoice will be calculated on the bull Nt forth in Exhibit A. Invoices are due and payable on receipt. 6.2.2. Unp4i4 lm,oiu:s. U OWNER falls to make any payment due ENGINEER for services and expenNI within thirty days after receipt of ENGINEER'• invoice therefor, the amounts due ENGINEER wlll be increased at the rate of 1.D% per IIIOl\th (or the maximum rate of interest permitted by law, If less) from Aid thirtieth day; and, In addition, ENGINEER may, after giving lfflft days' written notice to OWNER. suspend services under this Agreement until ENGINEER hu been paid In full all amounts due for Hr'Vlces, expenHI and charges. Payments will be CNdlllld 8nt to interest and thm to principal. In the event of a disputed or aintated blJllng, only that portion so contested may be withheld from payment, and the undlspullld portion will be paid. OWNER agrees to pay ENGINEER all costs of collection including but not • 0 I• • limited to reasonable attorneys' fees, collection fees and court costs lnClmed by ENGINEER to collect properly due payments. $EClONZ-QPINJONS QECX)S' 7.1. Oplnloaa of Probable Comtnctloa c.t. ENCINEEll's opinions of probable C.onstructlon Cost pnmded for hlrm are ID be made on the bull of ENCINEER'1 experience and qualifications and represent ENCINEER's belt judgment u an experimced and qualified profeuional engineer generally familiar with the construction Industry. However, since ENGINEER hu no control over the cost of labor, materials, equipment or services furnished by others, or over the Contractor's methods of determining prices, or over competitive bidding or market conditions, ENGINEER cannot and does not guarantee that proposals, bids or actual Construction Colt will not vary from opinions of probable Construction Cost prepared by ENGINEER. U OWNER wishes grater usurance u to probable Construction Cost, OWNER shall employ an lndeplndtnt cmt estimator u provided In paragraph '-'· SECI10N I-GENERAL CQNSJPWDQNS LL Tcmlnatlon. 1he obUption ID provide fur1her services under this AgrNnnt may be tenninatlld . by either party upon thirty days' wrltlan notice In the nent of substantial failure by the other party to perform In accordance with the terms thereof through no fault of the terminating party. In the event of any tllnninatloft. ENGINEER will be paid for all Mmml rendered and nlmbunable expensa lncurnd 1D the data of tarmlnation and. In 9/'12 Pap 16 of 19 .• ' - ,, - I • • 0 f - - • • • addition, all reimbursable expenses directly attnoutable to termination. 1.2 Kw of Docammll All dOCWMntl Including Drawinp and Specificationl provided or fumilhed by ENGINEER (or ENGINEER', Subcontracton) pursuant to thll Agreanlnt ue INtnmleltl of Mnlce In nspect of the Project. and ENCINEER and ENGINEER'• Subcontracton, u appropriate, lha1l retain an ownmhlp and property lnteftlt therein (Including the dght of l'IUII by and at the dllmllan of ENGINEER and ENGINEER'• Subcontracton, u appropriate) whedwr or not the Project ii compJeted. OWNER may make and retain copies for information and reference In connedion with the 1111 and occupancy of the Pmjlct by OWNER and others; however, such documents are not intended or repNlllllad to be suitable for reuse by OWNER or othan on extensions of the Project or an .., other pn,jlct. Any such nlllN wllhout written verification or adaptation by ENGINEER and ENGINEER;, Subcontracton, u appropriata. lor the 1pedftc purpoH Intended wW be at OWNER'1 sole dlk and without liability or legal exposure to ENCINEER. or to ENGINEER'• Subcontracton, and OWNER lhall Indemnify and hold harmless ENCINEER and ENCINEER'1 Subcontractors &om all dahm, dunapl, losses and expenHI including attomeyl' fees uillng out of or raultlng tt.elfrw .. Any such verlflcatlon or adaptatlon will entitle ENGINEER to further compensatlon at ralill to be agral upan by OWNER and ENGINEER. 1.3. Controlling Law. This Agreement ii to be govemed by the law of the pdndpal place of businm of ENGDIJEER. • 0 , • • U. SIK!CIIIOII and A11fpL U.L OWNER and ENCINEEll llCh II hmby bound and the paztnen. lUCICIIICD, executors, acbnlnlstraton and 1ep1 npruentatlve, of OWNER and ENCINEER (and to the ment Jlll1lllnld by paragraph a.u the au1gm of OWNER and ENCINEER) ue lmeby bound to the other party to thil AgNmlmt and to the putnen, "* _.. .. executors, acbnlnlstraton and lepl npmllllatmS (and Aid aalgnl) of IUd\ other put)'. in NIJ*t of all CDnllaldl, agreements and obllptionl of thil Aar--t- M.2. Neither OWNER nor ENCINEER may Ullgn. sublet or tranlfar .., dgldl under or lnlmwt (Including, but wllhout Umiladon. lllllN)'l lhat may becmne d• or IIIOlll7I that ue due) In 1h11 AgrWllftt without the writtan CDllll\t of the other, excapt ID the mmt lhat any~ lllblettlrlg or tranmr ii llllndalllCl by law or the effect of thil llmltation may be ftltrldld by law. Unlell IJ*Ulc:ally ltallCI to the canlnr)' In .., wdtlan mNalt ID m ....-... no .,.,..._.t will nleue or dilchup the alliplOr flom-, duty or responll,llit)' mdlr tie Aar--t- 1.u. Unlen expressly proYided otherwbe In 1h11 AgNlllllftt U.1.1. Nodllng In 1h11 Agreement lhall be Qlllllrued to craa. lmpoee or give riH to any duty owed by ENCINEER to any Contractor, Subalnmdor, Supplllr, other J*IOft or entity, or to .., l1INt)' for or amplaya of.., of thllll, or &he any rights In or benefits ancier thll Agreement to anyone other than OWNER and ENCINEER. a .,.3.2. All dutle1 and NIJIONlbWdel undertlbn panaant ID 1h11 Apmllnt will be lor the lole 9/t/2 Pap17olU ...... ,. - ., I • • 0 • and exclusive benefit of OWNER and ENGINEER and not for the benefit of any other party. 1.5. Nolle-. Any notice nqulred under this Agaw•lt will be In writing, addreued to the appropriate party at the addnu which appun on the 1ignatme pap to 1h11 Agrament (u modified In wrltq flam time to time by such party) and pan personally, by regiltered or certifted mail, retum receipt nqaated. by facsimile. or by a natkmaDy remgnlad ovemight courier IIITice, All nolk:el shall be effective upon the date of receipt. 1.6. SenrabWty. Any provision or put of the Agnement held to be void or unalforcelb]e under any law or regulation shall be deemed stricken. and all remaining proviliom shall continue to be valid and binding upon OWNER and ENGINEER. who agree that the Agreement ahall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that COINI U dose u pouible to expressing the Intention of the ltricbn provilion. 1.1. Unfal9NJl Omdltlona. At any time during the We of 1h11 Agreement should any substance be uncoverad or IIICOlllltend at the lite that would void or otherwlle adversely impact the ENCINEER'1 prof111ional liability Insurance, the ENCINEEll reserves the right to renegotiate the terms and ~tiaN of thJI ~ the fees for the ENGINEER'• Nfficel, and the ENGINEER'• continued Involvement in the Project. • 0 /.~ • u. Dilcoftlf. ENGINEER shall be entitled to compensation on a time and materiall bull when responding to all nquetl for dilcovery relating to thJI Project and to extent that ENGINEER II not a party to the lawsuit. SECtlON 9-EXHIBITS AND SPECIAL PRQYJSIONS 9.1. 1h11 Agreement ii IUbject to the pro'filioN of the following Exhlbltl whldl u. atlachad ID and made a part ol the Aga....-1: 9.LL Eahlbit A. "furthar DwrJpllan ol Engineering Semce1 and Related Matten,. aniltll'lg ol ..!,_paps. 9.1.2. Exhibit B, -0..till, RelponlbW- till and Limitations of Authority of Resident Project llepre1entative, • mn1i1t1ng of 5 paps. 9.1.3. !:lchibit c. "Cial) ~" 1'11:Saa Dirct tAbor' Cmt .... for the llll'iad Jaruary 1, 1996 to Dar.-Jl, 1996, CDWiatin; of 2 5aJa• ,m Pap 11 ol 19 ..... ,. _ •. ... I . . 0 -• ·, • ... JN wmmlS WHEIEOP, llw putlel ._..., bne Pmlllll llll Apwlt to N elfdve u ol lhl dm 8nt abaft wdtlln. OWNER: City PC DRJM912 )be._ Thomas J. Burns Tftle· Mayor DtJe· Yke Pree1dn: Qty pf pp]em1 JDJ lltb ltJ'let ldte Jilll --A1Jsndrt l5PR !bllrv' 9llSJl1P IP IQ t/92 ... 1tol1t . , • • ... I . . 0 f J2xl - • • • EXHIBIT A TO AGREEMENT BETWEEN OWNER AND ENGINEER FOR STIJDY AND REPORT AND PROFESSIONAL DESIGN BIDDING AND CONSTRUCDON SERVICES FUll111ER DESCRIP'IlON OF ENGINEERING SERVICES AND RELATED MATl'ERS This is an exhibit attached to and made a part of the Agreement dated ___ _, 19___, between Otf pf Enpewood (OWNER) and C1rnp 0mm & Mi:Ktt Inc: (ENGINEER) for proiessiona1 services. 1. The Basic Services of ENGINEER u desaibed in Section 2 of said Agreement are amended and supplemented as follows : 1.1 Pz:eliminacy Pesisn Contrac;ts No J Np 2 and No 3 1.1.1 Contract Desaiption. In providing preliminary design services, ENGINEER shall examine and evaluate the following items generally described below for each contract Contract No. 1 -Union Avenue Pump Station. Replace potassium permanganate feeder; possible installation of PAC feeder; installation of turbidity, temperature, and pH monitoring; provision for future installation of TOC and particle counter monitoring; c:onnection of signals &om feeders and monitoring into existing SCADA system; installation of sluice gate in river side wall of inlet chuu,el to allow sluicing of floating trapped debris; upgrade of electrical transformer capacity, if required. Contract No. 2 -Allen WTP Upgrade. Revile raw water delivery system to provide for a new covered 8ow equalization basin; modify raw water delivery piping and inlet controls &om Union Avenue force main and City Ditch; provide for low-lift pump station &om 80 MG reservoir to City Ditch; install rapid mix and tlocculation/tedimentation facilities ; upgrade North Filter No. 2 and replAce media in. and provide other upgrades u necessuy to, all three South 6lters; modify chlorine contact basin to provide better 8ow pattern and longer detention time; upgrade disinfection system; repair concrete deterioration on chlorine contact basin; repair exterior stucco surface of WTP buildings and possible c:omtruction of a new olfice endolure over Filter No. 2 in a fashion similar to that of the enclosure over Film No. 1, or modifications for office enclosures in existing fadlities. Contract No. 3 -Backwuh Basin Modifications. Modify 14 MG mervoir to ICCOIIIDIOdate Oow equalization buin. Ndumd size badcwuh basin. and possibly portion of floe/Nd buin. 9 0-A--Paplol6 ,. - I . • 0 • - 0 ,~ • - Contract No. •-Solids Handling Facilities. Modifications to existing solids handling system at Allen WI'P, subject to results of Residuals Study descn"bed subsequently. 1.1.2 Preliminary Design Report (Design Memoranda) Perform an evaluation of c:hemial feed, monitoring SCADA, and other reqwreu,ents at the Union Avenue Pump Station for inclusion in Contract No. 1. Prepare application for a 4'K permit Perform an evaluation of possible alternatives for accomplishing fJuh mixing. .. 8occulation. and sedimentation. The purpose of the evaluation will be to determine the mast COSHffective and operationally-beneficial system for inclusion in Contract No. 2. Dellennine volume of waste residuals that will be produced. Evaluate raw water delivery system alternatives, including piping, City Ditch c:onnec:tions, and a new equalization basin. Evaluate modifications required to the 14 MG reservoir to accommodate the flow equalization basin. floc/sed basin, and a revised backwash basin. If exploratory drilling or laboratory analysis of soils is required, it will be performed and authorized u special services under Section 3 of this Agreement. Evaluate filter modifications and upgrades. Evaluate disinfection facility modifications, to include better detention/ contact tune; upgrade of the chlorination system, including chlorine gas scrubbing vs. a new replacement hypochlorine system; evaluate other concrete repain required for the chlorine contact basin; evaluate repair /upgrade of existing WI'P building exterior IUlfac:e; evaluate building enclosure over Filter No. 2. or modifications for office enclosures in existing facilities. Preliminary design investigation will be performed in close cooperation and communication with Allen WI'P staff, to include initial scoping and kidcoff meetings, facility inspections, evaluation ol alternatives, worbhops to review preliminary alternatives and conclusions, pzeparation of preliminary cost estimates, design mesnoranda, review in workshops, finalization of design memoranda and scoping of final design for Contracts No. l, No. 2. and No. 3. ENGINEER's Basic Services under this Exhibit A do not c:unmtly include final design. bidding, construction. and operation eervica as indkated in Section 2 of the Agnement for Contracts No. 1, No. 2. and No. 3. Upon completion of the services indicated above in this Section 1.1.2 and at the appropriate tinws, • OWNER will iaue aeparate written authorization for ENGINEER to proceed with the final design for Contracts No. 1, No. 2. and No. 3, and all bidding phase, construction phase, and operational phue aervices. Representatives of CDPH&E Drinking Water Section will be encouraged to attend worbhops and review design memoranda. • 1.1.3 Residuals Assistance and Study I • • Meet with Allin WI'P staff and CDPH&E personnel to mist in illuance of the neceaary permitting for the OWNER to diapoN of air-dried residuals accumulated on the drying pad at the Allan Wl'P during the IWNMr of 1996. 0 .a __ _,, __ Plp2of6 • ..... - • • • t• • ' Disposal will be the same method u accomplished in 1994 at the City golf course (residuals incorporated into landscaping berms). As soon as information concerning the quantity of wute residuals at the Allen WI'P is available from the Preliminary Design Report (11.1.2 above), perform a Residuals Study to include handling .and processing of wute residuals &om the floc/sed process, wute solids from the filter backwash. and other miscellaneous wute solids. It is currently envisioned that this study will investigate dilchuge of sedimentation basin sludge directly to the reduced-sized backwash basin. or alternatively, to separate basins to allow for liquid/solid separation prior to return of solids to the badcwuh buin or directly to a dewatering facility . It 111&y also be necessary to install a clarification/thickening unit in the solids handling flow scheme to achieve better liquid/solids aeparation. It is envisioned that solids processing will involve year-round solids dewatering in a new solids processing building into which the existing belt filter press will be relocallld. Solids processing will be for both solids aeparated continuously on a regular basis from the ledimentation buin underflow and backwash basin solids removed by dredging during the SUllllller months. Ultimate disposal of solids is envisioned to proceed u currently practiced (disposal to benns at golf course). Residuals Study will be pefotmed in c:be cooperatian and c:aaununication with Allen WI? staff, to include a lcidraff ....._ ladlity inspections, evaluation of ahlmatives, a W01bli0p ID...,.. pNliminary alternatives and condusianl, preparation af pa Ii i my cmt Ii 6*i, and ircmpontion of results into a draft awpart. n. clnft RpCll1 wil1 ........... in a workshop with OWNER and dial will 1111 ....t • a IMl llpart wt.di. lllptlm with the ICOpil,g af the fiNI dllip. wa .... •...... ,mdum for Contract No.'-ENCINEER's IMicS.,,... ...... 11111111M A do not c:unendy include final design. biddil'S, CXIMlniiClioa.. ad 4 II a ..-. • indicated in Section 2 af this Agr--a b CGlllnct No.'-Upan 4 lltiort af the NrVices indicated above in lllis Secllall 1.1.J ad al .. qpnspaiia time, OWNER will ilSue eeparale writlln aatlla'i stm b lNCINED ID pawd with the final daign for Cantnct No. "and aD bidding ,..... Clllllll'udian phase, and operational phlle aavica. 2. The responsibilities of OWNER • delal,ed in Secllall f af Aid AgNmwnt aze mnended and supplemented u follows : None 3. The time periods for the pefonnance af ENGINEER's terYims as set lortli"in Section 5 of said Agreement are amended and supplemented as shown on the attached schedule. '-The method of payment for servbs rendered by ENGINEER shall be as set forth below: 4.1 For the Basic Services petfomied, the OWNER agrees to pay the ENGINEER fees not to exceed S319 ,()54, bued upon the following elements: f .1.1 The portion of the total fees attributable to each compomnt of the project is as follows : ·--JI.,, __ Pap3of6 • ..... ,,,_ I· • 0 '32xl - • • 0 l • • '· • Preliminary Design, Contract Nos. 1, 2, and 3 S 251 126 Residuals Assistance and Study $. _ __...6-7-922- Design, Bidding, Construction, and Operational Phase Services, Contract No. 1 $. ___ _ Design, Bidding, Construction, and Operational Phase Services, Contract No. 3 $. ___ _ Design and Bidding Plwe Services, Contract No. 2 $. ___ _ Design and Bidding Plwe Services, Contract No. f $,.__ __ _ Construction and Operational Phue Services, Contract No. 2 $. ___ _ Construction and Operational Phue Services, Contract No. t $. ___ _ Total s ;u•w 4.1.2 For work done by the ENGINEER. Nrviml will be billed bued on an amount equal to ENCINEER's Direct Labor Coats times a fac1m of 3.1 for Nrviml rendered by principals and employees engaged din!ctly on the Project. plus out- of-poclcet expenses inamed in connecticn with thele aervic:es, plus payment for work done by subc:onsultants (outside pro{essionals) at cast to ENGINEER. 4.1.3 Direct Labor Cast used as a basis for payment means salaries and wages paid to all ENGINEER's personnel engaged din!ctly on the Project. including, but not limited to: engineers, architects, surveyors, designers, draftsmen, specification writers, estimatms, other 1lldlnical and businela penonnel; but does not include indirect payroll related com or fringe benefits. Direct Labor Cast ranges currendy in effect are shown in Exhibit C. ,6.l .4 Out-of-pocket expenses mean the actual expen111 incuned (except where specifially provided odmwile) by ENGINEER. din!ctly or indirectly, in connection with the Pro;ect. such u expen111 for: airfare, automobile rental if requiled, mileage chups. parking. tolls, taxi, a.ls, lodging, lelephone. printing and reproduction com. and other miaclellaneous mm inamed for this Project. The chuge for inhoule computer program and word processor usage will be at ENCINEER's regular ra-. ,6..15 Work completed by ENGINEER u prmoully aped upon to by ENGINEER and OWNER which. if requested by the OWNER to be redesigned or repackaged. shall be authorized and paid for in aa:ordance with Sections 3 and 6, respectively. ol this Agreement '-2 For Special Services pafomlld, a top limit lee will be negotiated bued on the same method of payment for Buie Services as indicated in paragraph U above. 5. OWNER has established the following special provisions and/ or other considerations or requirements in respect of the Agreement 5.1 ENGINEER shall fumish to OWNER a bound let of calculations UIOciated with the preparation of the Preliminary Daign Report. the Contract Documents for each construction contract and the Raiduals Study developed under this AgNmwnt. ,.,o1, ...... .. I· • 0 , - • • • • 0 I• • 6. Modifications and additions to STANDARD FORM OF AGREEMENT. 6 .1 The Basic Services of ENGINEER u described in Section 2 of said Agreement are amended and supplemented as follows: 6 .1.1 Add the following sections to paragraph 2.4.2.1, visits to site by Resident Project Representative, after the 1mtmce "In addition, ENGINEER shall provide ... observation of such work.": "For Contracts No. 1 and No. 3, the Resident Project Representative shall only be onsite for periodic visits and for what is believed by the ENGINEER to be aitical construction periods.· 6.1.2 Add the following sentence to paragraph 2.Ul, Contractor's Completion Documents: "See also additional paragraph to paragraph 2.5.4. below.· 6.1.3 Add the following paragraph to paragraph 2.5.4: "One set of reprodua1>le drawings shall be revised to show actual as-constructed conditions based upon changes compiled by the Contractor during construction. ENGINEER shall develop a system of notation for use on the record drawings to distinguish between contractor-provided and ENGD'llEER-confirmed location and elevation data. Dimensional data shall be provided by the Contractor for buried and exposed utilities, equipment. and other facilities. ENGINEER shall attempt to confirm horizontal and vertical location data for all intersections or changes in-line and direction of underground utilities built or exposed during construction. ENGINEER shall not be responsible for the accuracy of survey information. nor for any errors or omissions in the record drawings furnished by the Contractor. ENGINEER shall be responsible for aa:uracy of ENGINEER- confirmed utility data.· 6 .2 The General ConsideratiOIII u described in Section 8 of said Agreement are amended and supplm-.ented u follows: 6.2.1. Delete paragraph 8.2. Reuse of Documents, and replace with the following: "8.2 Reuse of Docwnents. All documents including Drawings and Specifications provided or fumishecl by ENGINEER (and ENGINEER'• independent professional usociates, subcontractors, and COlllultants) pursuant to this Agreement are instruments of service and OWNER shall retain an ownership and property interest therein. OWNER may make and retain copies for information and refereta; however, such documents are not intended or represented to be suitable for mue by OWNER or others. Any mue without written verification or adaption by ENGINEER for the apecific purpose intended will be at OWNER'1 sole risk and without liability or lepl expoawe to ENGINEER. or to ENGJNEER'1 Independent proleNional allOdates, subcontractors, or consultamr., .... 8\W& aha& heW ._.._ itl6IHEB1 ancl ..J b 91EiltJ&iiR'a _.,...._. pnf111l1Ml •11•••. M 111111 ••. 1M tJll1 .. _.A ... __ Pap5of6 .. ...... .. I . • 0 ' -• ,, - • r. • ' 111111u.ll111• fn all d1imc, d1••1"· lu111, INI ••-• illlllutlill& 111ery' j/1,4--· •• Alili"8 ... 1f •• ......... lli.aafila• Any such verification or adaptation ~' will entitle ENGINEER to further c:oaipemation at ralel to be agreed upon by / OWNER and ENGINEER." 6.2.2 Paragraph 8.3. Delete paragraph Uld replace with: "This Agreement is to be governed by the law of the location of the OWNER. which is City of Englewood. Arapahoe County, Colorado, ft lhaJl be venue for any legal actiOIII under this Agreement.. 6.3 The OWNER'1 RESPONSIBllJTIB • delcribed in Sectian 4 of uid Agreement are amended Uld supplemented• loDows: 6.3.1 In paragraph U.2. delete the phlae •or ENGINEER may reasonably request.• U The Standard of Cme, Sectian 1.1 in llid Agreement. ii supplemented with the addition of the following 11!1\liellee to the end of the NCOld paragraph: "ENGINEER shall be responsible to OWNER for damages directly nsulting from the ENGINEER'• failure to awann to the standud of care delc:ribed in Alttde 1.1 in the perfonnance of its NrVica undar this Ag1emlent. • •• 0 --.--- •I"• .; ! .. " ... ,.. \ 1...... • • I • .. I . . 0 - • • 0 ,. - EXHIBIT B TO AGREEMENT BETWEEN OWNER AND ENGINEER FOil PROFESSIONAL SERVICES DURING BIDDING AND CONSTllUCTION D'Ul'JES, llESPONSIBILITIES AND LIMITATIONS Of AtnHOllITY Of 1BE llESIDENT PKOJECI' JlEPKESENTA11VE ,- This is an ExluDit attached to, made a part of ind incorporated by Nference with the Ag&wwww.tmadtan 19 -betwe8I City or P!Jleax!. Oolmmo (OWNER) and ___ llliQp>..,.PmrJ: __ _..,._.ge...,....,.Jrs=-· ________ _.(ENCINEEll) providing for professional engineering services. ENCINEER. shall furnish a Resident Project Representative ("llPKj, assistants and other field slaif to assist ENGINEER in oblemng props and quality of the work of Contractor. Through men extanliw OIHite obtervalions of the work In progress and field checks ol materials and equipment by the 1lPR and Mliltantl, ENGINEER shall lndavor to provide further pcolaclion for OWNER apinlt dmcll and defic:imdes in the work of Contractor. How•••, ENCJNEEll lhall not. during such Tisi&I or u a result ol such observadonl ol ContrK110r'1 work in progreu, 111perviM. dinct. or haYe cantrol OYer Contrac110r'1 wark nor IND ENCJNEE1l hlYe authority ower or NlpONJ"billty for thl ININ, lllethods, llemiqlm, NqualCIS or proclduns Mllc1ad by Contractor, for ulety precaudons and propmm lnddant ID the work of Contractor, for any failure of Contractor ID coq,ly with laws, rules, nplatioN, ordinancel, code or orders applicable IO Contnc.w'• pelo.amc and fumishing thl work. or responsibility ol canstnlClion for C.W•KIDr'1 .... IO fllalilh and pefonn thl Work In accordance with thl Contract Doam.111. The ·duties and reponsibWde of the 1lPR an limitlld ID thoM ol ENCINEEJl In ENCJNEE1l'1 apwit with thl OWNER and In 11w conttrudian Contract Documnl, and ... further Umitld and dllc:rlled • follows: A.C-1 1lPR is ENCINEER'1 apnt at the -wtD act • diNClld by and ander thl l1l)*\'ilion of ENCINEEll. and will conllr with ENCJNEEJl nprding llPR'1 acdoN. llPR's dealings in maaen penain1n1 IO the an-tile work lhall In pnara1 be with ENCJNEE1l and Contractor, kNpinC OWNER adTtNd u naceuuy. llPR'1 dealings with 1ubcontracton shall only be throup or with the full knowledp and approval of Contractor. RPR shall pneraDy CD11111111NCa1a with OWNER with the knowledp of and undar tlw dincdon ol ENCJNEEIL 9/92 Paplol5 ....... •. .. I . • 0 ,,_ • -• . 0 , .. • •• Dali• and Jlespolllibilili• ol llPR 1. Sdlfdula: Review the progras schedule, schedule of Shop Drawing submittals and schedule of values prepand by C.0.dl'KtDr and CDrmalt with ENCINEER c:onceming acceptability. 2. C#nfam,as w Mfffinp: Aa.nd ........ with Contnctar, sach u pnmn- ltnlCdon mnt.nn:es, progres IIINtlnp. jab ClllnflNnc:a and Olla paojlcHwlalll:I INltlnp. and pnpar9 and drculate copie of minutlls thmof. . 3. ua,o.: ... a. 5erTe u ENCINEER's liaison with Contrador, working prindpally through ContndDr's luperintendmt and mist in andmtaldllls the inlant of Conlract Doaunmts; and ulilt ENCJNEEll in ~ U OWNEll'1 Uailon with Contractor when Contradar's operations a&c:t OWNER"• an- ... operations. b. Assist In obtaining &om OWNER addltianal dmiJs or lnlarmatlon. when nquiNd for~ execution of the Work. ,. S1rap DmDings w Stmrpla: •• lacmd date of receipt of Shop Drawlnp and Sampla b. Receive Samples which are furnished at lhe sita by Conl111dDr, and nodfy ENGINEER of availability of Samples for examination. C. Advise ENCINEER and Contractor of the c:onunmcaam1t of any Work requiring a Shop Drawing or Sample if lhe IUbadtlal has not bea\ appsowed by ENCINEEJl. 5. Rain, e/ Wort. &j«titm ef D,/«tif1I Wort. hup«tiou ,u Tedi: a. Candact on-site oblrladans of the Work In propa ID aaist ENCINEER in detlnldniftg If the Work ii in ,-.ra1 procaedlns in aa:anllla with the Caaact Doaamlnls. b. 1-.,art ID ENCINEER wherlffer llPR beliffel that any Work wlD not • produce a CDlllplnld Project that conforms pnaaDy ID the CanlnCt Doc:mMnts or wlD pNjudlce Iha lntllgrity of the clalp cancept of the complelad Projlct ... fmdonins whole .. indlcalll:I In the Conlract Docmn81ts, or has bea\ damlpd. or doa not aat the......-of any inlpec11on. mt or approql NqUind ID be made and adwtN ENCINEER of Work that RPll belieYes lllould be conec:ted or njlclld or lhoaJcl be .., IIIICOYend for obHffation,, or NqWNS lp9dal llllting. lnlpectlon or I approval. • • Pap2of5 0 9/92 • ..... '32xl • ,. - -• . • I• • C. Verify that tests, equipment and systems start-ups and operating and lll&intenance training are conducted in the presence of appropriate penoMel. and that Contractor maintains adequate records lhereof; and observe. record and report to ENCINEER appropriate details relative to the IIISt procldures and start-ups. d . Accompany visiting Inspectors rapnstnting pubUc or other apndel having jurild1ction over lhe Project. ncord the results of these inspections and report to ENGINEER. 6. l11mp1e111lioft of Qmtrt,ct Doamlfflts: Report to ENGINEER when clarifica- tionl and interpretations of lhe Contract Documents an nNded and traNmit to .. ContraclDr clarifications and inlapntationl u iuuad by ENGINEER. 7. Mollfiatiou Consider and naluate Contnctm'1 111gpstionl for modifica. tionl In Drawinp or Specifications and report with RPR'I recDlllllllllda ID ENCINEER. Tnnnnit to Contractor in writing decisions II iuued by ENCi- NEER. •• K«ords: •• Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawinp and Samples. reproductions of original Canlnct Documents including all Work Change , Addenda, Chanp Orders, Field Orders, additional Drawinp Issued subsequent to the execution of the Contract. ENGINEER's dariftcationl and interpretations of lhe Contract Documents. props• reports, Shop Drawing submittall Neeived from and dalivenld to ContraclDr and odler Project relatlld docwnmll. b. PNpan a dally report or lcaep a diary or log book. ncording Contractor's houn on lhe job lite, wuther conditions, data relaliff ID ~ ol Work Change Directives, Chanp Orders or chanpd condbkm, Ult ol job lilll villlDn, daily actiYitie, decisions, obHrvationl In pneral. and spedfic obwvadons in IIIOIW detail u In die .cue ol obwivl111-procadanl: and 181d copies ID ENCINEEIL C. l«ord names. addNINI and lllaplloM nmnben of aD Contradan. 1ubm111rac1011 and ma;,r Nppliel'I of ene,rlak llld ;qulpaWL , . lqorts: • •• Famish ID ENGINEER pariadic Nporll U ,-quiNd of~ ol lhe Work and of Contl8Ctor'1 coaipUaac:w with dw pn,pw IChedule 111d ldwdule ol Shop Drawing and Sunple IIUbmittall. b. CcNult with ENCINEEll in advwe ol schadulld ma;,r tata, inlpedial• or • start of important phaNI ol the Wen. I • • c. Draft proposed Chanp Orders and Work Chanp DirlctlT•, obtainlnl backup material from Contractor and NCOINlllnd ID ENGINEER Chanp Pap3ol5 0 9/92 • ..... '32 x l • • • • 0 ·, - Orders, Work Chlnp Dhectiva, and field Orders. d. Report immediately ID ENCINEER and OWNER the ocaarnnca of any accident. 10. Pq,nmt ~: lffiew Appllcatlonl for Payment with Contractor for compliance with the atabUlhad procadura for Ihm nlnnluion and lorward with NCOIIUlllndadanl ID ENGINEER. notinC puticularly the rutionlhip of the payment nqaaled ID the schedule of ftlues, Work completed and malllriab and equiplnmt delmnd at the lltl bat not inmrporallld in the Work. 11. Cmifiata, Mmtmraa a4 o,a.tum ~ I>uring the mane of the Work. ftrify that mrd&a-. amnt11N11C11 and opsatlon ammall ·and odwr data nquired ID be UNlllbled and fmnilhed by CantmclDr arw applicable to the ftens actually inltallld and in armrdwe with the C.anmct Docmnalll. and have this malmtal deUffnd ID ENCINEER for l'fflew and lorwudJng ID OWNER prior ID IJnal payw lar the Work. 12. COfflJ1letion: a. Before ENCINEE1l iuuel a Certificate of Substandal Completion. submit ID Conmc1Dr a lilt of obseqd ltlllll requiring compledan or cmncdon. b. Observe whether Contractor has had pefoaawd inlpectfonl requind by laws, nales, mpladonl, anll1111as, coda, or Olden applicable ID the work. including bat not limitad ID thOle ID be pelotawd by public apnciel hmnc jurildidion Oftl' the work. c. Conduct a IJnal inlpedfon in the mmpany of ENCINEER. ·OWNER and ContraclDr and prepare a 8nal list of ltlllll ID be mmpletld or CDlndld. d. Obsene whether aD ltleml on final 11st Mff ball completad or CDINClld and make recoammdadoN ID ENC1NEE1l c:onmminS acceptance and iauance of the NOlice of Acceptability of the Work. C. UmitaliOIII of Aldlladtf by UR 1. Shall not authorize any deviation from the Canlract Docmnalll or ••d1111ia11 of materiall or eqafpllllllt (Including "or~ ltlllll), anlau aalhoriald by ENCINEER. 2. Shall not exceed Umitatlonl of ENCINEER'1 authority u Mt for1h in the .Agr9IUllllt or the COlllraCt Docunwda. 3. Shall not undertake my of the Nlp0Nil,Dltfel of ContractDr, Sabcantracton, SuppUen, or Cont,.._...,, aupednllndlllt. ,m .. .... .. I . • 0 • • • • ~- ,. Shall not ad'rise an. lnue cllNcdanl Nladn ID or usume alftlral '1'IS any -,.:tol the-. lllllhodl. lldnqua.~ or promd-ol CIDllllrUCtlon anlel1 such adYlce . or cllnctianl an IJl9dftoUy nq1liNd by the Conll'Kt Doaamaa 5. Shall not ad'riM an. ..._ cllredlanl ..._.... or wame CDlllrOI '1'IS safety prcaullallland pcapa lnaaa.-:dan wllh the WOik. 6. Shall not acmpt Shop Drawilll • Sample ........ fn,m -,one odlS llrm Conlradar. 7. Shall not alllllada OWNER ID ocaapy lw Plajlct In whale• In put. a. Shall not paatldpetl In 'Pe1 Ind laid or labomDry 11111 ar 11'1 IP I ctb11 c:andlllClld by ... -. • ...-nr authadlad br ENGINEER. ,m ... 5ol5 ;- . ' • • I . . 0 '32xl • ,,,_ ·~ 0 I • - - EXHIBITC CAMP DRESSER & MCKEE DIRECT LABOR COST RANGES FOR THE PERIOD JAM»Rf 1, 1111 TO DECElmER 31, 1111 DIRECT SALNUES CLASS LABOR CATEGORIES GRADE LOW HIGH ENEV/SCEVIENWR ENGINEER/SCIENTIST 1 1UCI 17.00 ENEV/SCEVIENWR ENGINEER/SCIENTIST 2 14.00 21.00 ENEV/SCEV/ENWR ENGINEER/SCIENTIST 3 11.GO 22.aD ENEV/SCEVIENWR ENGINEER/SCIENTIST 4 11.GO 21.00 ENEV/SCEVIENWR ENGINEER/SCIENTIST I 21.00 33.IIO ... ENEV/SCEVIENWR ENGINEER/SCIENTIST • 2UCI 40JIO ENEV/SCEV/ENWR ENGINEER/SCIENTIST 7 31.IO 41.0D ENEV/SCEVIENWR ENGINEER/SCIENTIST • 32.00 41.0D ENEV/SCEV/ENWR ENGINEER/SCIENTIST • 37.00 ICl.00 ENEV/SCEVIENWR ENGINEER/SCIENTIST 0 50.00 I0.00 ENEUENMEJENST ELECTRICAUMECHANICAUSTRUC. ENG. 1 15.00 11.00 ENEUENMEJENST ELECTRICAUMECHAMCAUSTRUC. ENG. 2 11.00 17.00 ENEUENMEJENST ELECTRICAL/MECHANICAUSTRUC. ENG. 3 17.50 22.50 ENEL/ENMEJENST ELECTRICAUMECHAMCAUSTRUC. ENG. 4 22.00 2l.50 ENEUENMEIENST ELECTRICAUMECHANICAUSTRUC. ENG. 5 24.00 27.0D ENEl.JENME/ENST ELECTRICAUMECHANICAUSTRUC. ENG. I 35.00 31.0D ENEUENMEJENST ELECTRICAUMECHANICAUSTRUC. ENG. 7 37.00 31..0D ENEUENMEJENST ELECTRICAUMECHANICAUSTRUC. ENG. I 31.00 55.00 ENEUENMEIENST ELECTRICAUMECHANICAUSTRUC. ENG. • 41.00 15.00 ARGN ARCHITECT 1 14.00 15.00 ARGN ARCHITECT 2 15.00 11.00 ARGN ARCHITECT 3 17.00 11.00 ARGN ARCHITECT 4 11.00 21.00 ARGN ARCHITECT 5 22.00 24.00 ARGN ARCHITECT I 25.00 35.0D ARGN ARCHITECT 7 31.00 42.00 ARGN ARCHITECT I 31.00 50.00 ITMS INTERNAL COMP. ANALYST 7 17.00 2D.OO CCNC7 CONSTRUCTION MGMT 7 25.00 30.00 LIBRARIAN LIBRARIAN 1 11.00 2D.OO TEGN TECHNICIAN 1 10.00 14.00 TEGN TECHNICIAN 2 11.00 14.IO TEGN TECHNICIAN 3 12.GO 17.00 DNDF DESIGNER/CRAFTER 1 l.50 12.0D DNOF DESIGNER/CRAFTER 2 11'.00 14.IO DNOF DESIGNER/CRAFTER 3 1UCI 11.0D DNOF DESIGNER/CRAFTER 4 14.00 11.0D DNOF DESIGNER/DRAFTER I 11.GO 22.00 .., DNDF DESIGNER/CRAFTER • 17.50 22.00 I fNCAI CONTRACT ADMINISTRATOR I 13.00 17.00 • • ASWP WORD PROCESSOR 2 1.50 14.IO ASWP WORD PROCESSOR 3 11.IO 15.0D ASWP WORD PROCESSOR 4 13.00 15.IO 0 Prepared by COM 31111111 Plge1 • ..... '32xl • . ' -• • • " . <, r EXHIBITC CAMP DRESSER & MCKEE DIRECT LAIIOR COST IWGl!S FOR THE PERIOD JAMJNrf 1, 1• TO DECB BIR 31, 1- DIRl!CT 8ALMl!S a.ASS LABOR CATEGORIES GRADE LOW HIGH ASWP WORD PROCESSOR I 1UO 11.GD NNiP WORD PROCESSOR • 14.IID 1UO MAD ADMIN. ASSISTANT 1 7.ID 11.1D NINJ ADM1N. ASSISTANT 2 I.ID 12JID MAD ADM1N. ASSISTANT s 1UO 1 .... NINJ ADMIN. ASSISTANT 4 14.IID 17.IO MOS OFFICE CLERK 1 7.IO I.ID MOS OFFICE CLERK 2 I.DD 11.1D CLPN FINANCIAL CLERK 2 10.00 12JID CLfN FINANCIAL a.ERK s 11.ID 14.IO CMPC PROPOSAUWRITER 5 12.GO 14.ID CMPC PROPOSAUWRITER • 14.ID 11.DD CMPC PROPOSAUWRITER 7 15.ID 11.GD ClolGA COMMUNICATION GRAPHICS 4 11.ID 1UO ClolGA COMMUNICATION GRAPHICS I 13.ID 11.00 CMGA COMMUNICATION GRAPHICS • 14.ID 17.00 I . . 0 - - • • I i r .. f f ~ I d I ~ p ~ I I ( .! i', 4 ~ I I. ·' .r, } '~i~ - -- -I -- -- -- -- - t...C... ' .... 1-.. __ , ... -!'lM! ·-·- '°'"" I i I . [ I i ;; .. , iJ !i.' ; 4 ! I t' I ! i " .. I I !' ,J·· :~,j I ~ii .,· r I ,~-L -=-' I --- =~'." --·-· I -----·· • . (• • p;r;r I U!!( I' JI -·· '• I i l' -i i ;f;i: t ' .... ,. f . fL ' , f. I ,Pi, . ifd i ':' . !(Ji~ i' !l-f• l I i' ' -1 in I·. i · -~ .• I • I :ig1, n I ~l' Rt ,, , ~:, I ... , I • "i ' I ., I • ~· I ,-....... .....,, ......... . r -•• ... ....... ---~·-......,, 1: ...,,,.._,_ ,:.: ~ ....... --., • . -I ..,.-: ·J • " ·•;·~.~ " . ,.., -· j ..... . . I .. , ,.• ~· ....... ..... ....... ., ~· ...,,_ -....,, . -· : -,.., -· ---.. , I -· I -..__-.... , ·-··-I . • ...... , , .... ....,, 0 ,_ .... -....... - - • • • • ,~ • COUNOL COMMUNICATION Date Agenda Item Subject May6,1996 Council Bill for Ordinance Amending Title 3, Chapter IN, Section 9 of the 11 a if Englewood Municipal Code 1985 Conceming Disciplinary Appals Initiated By Staff Source Department of Administrative Services Randie L Barthlome, Director of Administrative Services COUNOLCOALANDPREVIOUSCOUNOLACllON In 1995, Council plat"ed on the general election ballot a proposed Charter Amendment changing parts of the Englewood Career Service System. Voters approved the Charter Amendment and it became effective on November 7, 1995. This change repealed the duties and powers of the Career Service Board and provided that in matters ol disciplinary appeals the City Council will appoint hearing officers to hold hearings and malce findings and determinations. RECOMMENDID ACllON Section 138:3 (b) of the Charter requires that appropriate ordinances be enacted governing standards and procedures with respect to such appeals, the hearings to be amducted and the standards to be applied by the appointed hearing officer and any applicable Court review of such decisions. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City and the three Associations (EEA, EFFA and EPBA) worked together in proposing language to change the Charter of the Oty of Englewood regarding the Career Service .... ,. - • ' I . • 0 'J2xl • • • . . System. Part of the change was to replace the system of having a Career Service Board with one that utilizes a hearing officer for matters of disciplinary appeals. There is one area of disagreement between the City and the three Associations in the proposed ordinance -the limited right granted to the hearing officer to reverse or modify disciplinary actions as outlined in Section E of the proposed ordinance. Under the previous Charter language, in cases of disciplinary appeals the Career Service Board had the authority to determine whether there existed just cause for the discipline imposed and they could sustain, reverse, or modify any penalty imposed. In the new Charter language, that section was removed. The Associations want the hearing officer to have the same right to sustain, reverse, or modiy as was granted to the Career Service Board. 1he City, on the other hand, can cite problems created in the past by that broad authority and is proposing that if the hearing officer finds that any of the grounds for discipline as specified in Section 3-lM-l of the Municipal Code are present as stated in the notice of adverse action to the employee, then the hearing officer cannot reverse or modify the disciplinary action. If causes are not present, then the hearing officer can modify or set aside the disciplinary action. The City has been granted the right under Section 137:2 (j) (vi) on page C34 of the Charter "To suspend, discipline, discharge, and demote for cause, all full-time permanent dassified employees.ff FINANOAL IMPACT The City pays the fee for the hearing officer. Under the previous system, the City paid Career Service Board members and the attorney for the board. It is estimated that the hearing officer system will result in a savinp for the City. With the Career Service Board system, a hearing that was extended for 12 hours over three eveninp within a month, and in which all five board members and the attorney attended, would have cost $2.240. With a hearing officer, it is estimated that the time to hear a case will be less and that the fee for a day will be approximately $700. "~·.' "' - . ' • . .. ., I . . 0 , I • ORDINANCE NO. _ SERIES OF 1996 • 0 - BY AUTHORITY A BILL FOR I • AN ORDINANCE AIIBNDING TITLB I, CHAP'l'Bll lN, DCTION I, OP THE ENGLEWOOD MUNICIPAL CODE 1985 CONCERNING DISCIPLINARY APPEALS. WHEREAS, the Englewood City Council placed on the poeral election ballot of November 7, 1995, a propoeed Englewood Home Rule Charter Amendment which modified the Englewood Career Service System; and WHEREAS, the City, the Englewood Employees Auociation, the Englewood Firefighters Auociation and the Englewood Police Benefit Auociation worked together in propoeing language to change the Englewood Home Rule Charter regarding the Career Service Syatem; and WHEREAS, the voters approved the Charter Amendment; and WHEREAS, this change repealed the duties and powers of the Career Service Board and provided that in matters of diaciplinary appeah the City Council will appoint hearing officers to hold hearings and make findinp and determinationa; and WHEREAS, the Englewood Home Rule Charter Section 138:3 (b) requirea that appropriate ordinances be enacted pveming the atandarda and procedUrN with respect to IIUCb appeah, the 1-rinp to be conducted and the lltandarda to be applied by the appointed bearing officer and any applicable Court review of IIUCb deciaiona; 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 approves amending Title 3, Chapter 1N, Section 9 of the En,lewood Municipal Code to read u follows : S-lN-9: Dl8CIPLINARY APPEALS: A . Subject Mat.fer g( Appe•I . A full-time, permanent, clauified employee may appeal to the 8W'li A HEARING OFFICER to review a A diaciplinary suspension, disciplinary demotion or disciplinary diacbarp. The ~ HEARING OFFICER ahall hear the employee'• dilciplinary appeal with respect to only whetherw THE IUlpelllioo, demotion, Ill' diacbarp WU for calllt! which relate. to the performance of duties, penonal conduct, or any other factor detrimental to the City and/or any other just and reuooable cau1e . -1- ..... ,,. - •· • 0 • • 0 l • • B. Appeal Procedures . 1 . Notice of Adveree Action. ConCU?Te11tly , or in advance of action to auspend, demote or diamiu an employee, an appointing authority aball notify an employee oft.he action being taken, the •ea•e111 fw the aetillll ...W ill llllflieieat • .,._ fer -•er81aBclillc, SPECIFYING THE OFFENSE(S) IN SECTION 3-lM-4 WIUCH IS CARE) THE BASIS FOR DISCIPLINE, the employee's ript of appeal, and the manner in which the appeal may be initiat.ed . Failure ol the appointing authority to apve timely notice llhall have the effect of delaying the action until proper notice ia given but llhaU not invalidate the action. 2 . Time Limit for Appeal. The appeal by an employee llhaU be made within aeven (7) working days after receipt of the notice of advene action or oft.he occurrence oft.he event giving riae to the appeal . 3 . Method of Filing Appeal. Appeal llhall be made by filinc a written requeat for a bearing. Such requeat llhall be filed with the~ Ber¥iee Baar• _ _,, CITY CLERK within the pt"NCribecl time limit . C . APPOINTMENT OF HEARING OFFICERS . 1. THE CITY COUNCIL SHALL APPOINT A PANEL OF QUALIFIED HEARING OFFICERS TO HEAR DISCIPLINARY APPEALS AND MERIT APPEALS UNDER THE CAREER SERVICE SYSTEM PURSUANT TO ARTICLE 138:3Ca) OF THE CITY CHARTER. 2. QUALIFICATIONS OF HEARING OFFICERS. HEAR.ING OFFICERS SHALL HA VE DEMONSTRABLE ABILITY IN LABOR AND EMPLOYEE RELATIONS IIATl'ERS AND SHALL HAVE EXPERIENCE IN HOLDING HEARINGS AND MAKING FINDINGS ON EMPLOYEE RELATED ISSUES. IT IS PREFERRED THAT THE HEARING OFFICERS HAVE A LAW DEGREE AND BE ADMITTED TO PRACTICE LAW IN COLORADO OR ANOTHER STATE . PERSONS WHO ARE ON THE APPROVED LIST OF LABOR ARBITRATORS FOR THE AMERICAN ARBITRATION ASSOCIATION OR MEMBERS OF THE NATIONAL ACADEMY OF ARBITRATORS ARE PRESUMPTIVELY QUALIFIED FOR APPOINTMENT . 3 . THE COUNCIL SHALL APPOINT AT LEAST THREE (3) HEARING OFFICERS TO THE APPROVED PANEL OF HEARING OFFICERS. THESE APPOINTMENTS SHALL BE FOR A PERIOD OF ONE YEAR WITH THE RIGHT TO BE REAPPOINTED BY THE COUNCIL ON AN ANNUAL BASIS. -2 - •. I· • 0 ' - • • • • ,. WHEN REQUEST FOR A HEARING BEFORE A HEARING OFFICER IN CONNECTION WITH A DISCIPLINARY APPEAL IS FILED WITH THE CITY CLERK, THE CITY CI.BU SHALL IMMEDIATELY NOTIFY THE CITY COUNCIL AND THE COUN.CIL SHALL APPOINT A HEARING OFFICER FROM ITS PANEL TO HEAR THE APPEAL IN QUES"nON. D. HliRING PRQCEDU)lffl. 4-e 1. Scbedulinc al Appeals. 'n1e I••• • lleariDr Ollbr lbaU IICbechde ...... A HEARING• I e th1r witbiD tbuty (80) dQO Al'TD NOTIFICATION THAT IIBl8IIB IS APPOINTBD AS IIBAIIDfG OFFICER, anlaa a ........ tiae ia ....-l tio by tbe partila. li'fUII due c:ouideratiaD to tbe Pllilability al ....•••• -• 'l'BB lleariac Officer, tbe ffailaliility altbt partila.... • ...... altbe apeci& cue,_. the waW11C lfthe •••'-'nle .... • BeuiDc Officer lbaU ~ m A dlcilima witllia twaaty <ml daye altbe amc:luicm al the ........ 6. 2. Paaqi-ta. JIIDat11 tr.-, lie ....S aly far I-' caw. Sc:bedulm, al-will iaitially llltrapt .. _ .... _ tbe needa al both partiN iD an....,tlllir .................. adequate preparatian. fi1411F ar ••t ...,_ tbe 1di , ..... dlltie will aaJy be iD recopitian al_.._ wl .......... circmMtaw. 6. 3. Subpom•t. SuhpwaN D lltl I dance et bNriap .-, be i9IU8d UJ1C1D req...t altbe,.... 'nleNqllllt far ......... allllteaataia tbe umN wl addrlllll al ... to be wbpomNd aad tbe 1W11D llr tbe ~alaucba....._a ..._...faradJpa Naadfar jll'OdumaD alllD,1 boab, ......_ ar papen a-th.at to tbe llaariDc tball be made to tm &illy.• I I lz11eti:e a..uilla 1a11 IIBAIUNG OfflCBll et lwt~l'D"tBICN (15) da,a prim to tm ...._.._ aadmaatbe ..... et1191t .... nvB (I) dayapriarto ....... 'nle ae.t t I • llwiDs Olllcar lbaU RAVB AUTlloaITY' TO i-. aubpome. 'nle IIIIDiclpel Court eball ..,_.-. a N by eompeltiq attandence. 11. ,. a.-taticm. Any party ar panm IIIIPM!bls to tbe Bwd eball baw tm ript to be 9Cl'WlJIUiecl, repramtad ar...,.. by• lltllDl'Dey. Ally cleaipatad 9ttarMy tboald tile a ...,. al IOI* 11 E tetfGII with tbe CITY CLERK'S omce" -u pa9lible ._ ..,.. '° 1,;.,.a1w1, BUT NO LATER THAN Piti'B&N (11) DAYS 8D'OD TBB HEARING. 5. HEARINGS BEFORE THE HEARING omen SHALL BE CONDUCTED INPORIIALLY. 'l'BB APPOINTING AUTHORITY SHALL RAVE THE BUllDBN or PROOF BY A PBBPONDBRANCE or 'l'BB EVIDENCE. TO TIIB UTBNT PRACTICABLE, 'l'BB RULES or BVIDBNCI IN CIV1L NON.JURY CASIS SHALL BE FOLLOWED. HOWEYD, WHEN NBCB88ABY TO DO SO IN ORDD TO ASCBRTAIN PACTS A#ri\,,nfG 'l'BB SUBSTANTIAL RIGlffS TO TIIB PAmD TO TIIB PROCEEDING, THI HBARING omen IIAY DCBIVB AND -3- I. • • • 0 • CONSIDER EVIDENCE NOT ADMISSIBLE UNDER SUCH RULES IF SUCH EVIDENCE POSSESSES PROBATIVE VALUE COMMONLY ACCEPTED BY REASONABLE AND PRUDENT PERSONS IN THE CONDUCT OF THEIR AFFAIRS . 6. THE HEARING OFFICER SHALL HAVE THE POWER TO: A. ADMINISTER OATHS AND AFFIRMATIONS; 8 . ISSUE SUBPOENAS FOR ATTENDANCE AND· COMPEL THE PRODUCTION OF BOOKS, RECORDS AND PAPERS; C. RULE UPON OFFERS OF PROOF AND RECEIVE RELEVANT EVIDENCE; D. CALL AND QUESTION WITNESSES; E . REGULATE THE COURSE OF THE HEARING; F . HOLD CONFERENCES FOR THE SETTLEMENT OR SIMPLIFICATION THE ISSUES BY CONSENT OF THE PARTIES; AND G . DISPOSE OF PROCEDURAL REQUESTS OR SIMILAR MATTERS. 7. EACH PARTY SHALL HAVE THE RIGHT TO PRESENT IUSIHER CASE BY ORAL AND/OR DOCUMENTARY EVIDENCE, TO SUBMIT REBUTTAL EVIDENCE, AND TO CONDUCT SUCH CROSS-EXAMINATION AS MAY BE REQUIRED FOR A FULL AND TRUE DISCLOSURE OF THE FACTS . NO EX PARTE MATERIAL OR REPRESENTATION OF ANY KIND SHALL BE RECEIVED OR CONSIDERED BY THE HEARING OFFICER. 8. A HEARING MAY PROCEED IN THE ABSENCE OF THE APPOINTING AUTHORITY . IF THE APPELLANT, APTER DUE NOTICE, FAILS TO BE PRESENT, OR FAILS TO OBTAIN AN ADJOURNMENT, AND WITHIN FIVE (5) DAYS DOES NOT PROVIDE GOOD CAUSE THEREFOR TO THE HEARING OFFICER, THE APPOINTING AUTHORITY'S ACTION SHALL BE PRESUMED TO BE VALID . 9. A PARTY WHO DOES NOT TESTIFY IN IUSIHER OWN BEHALF MAY BE CALLED AND EXAMINED BY THE ADVERSE PARTY OR THE HEARING OFFICER AS IF UNDER CROSS-EXAMINATION . 10. IF EITHER PARTY DESIRES A VERBATIM RECORD OF THE PROCEEDINGS, THEY MAY CAUSE SUCH A RECORD TO BE MADE , PROVIDED THEY PAY FOR THE RECORD AND KAKE A COPY AVAILABLE TO THE HEARING OFFICER. IF THE OTHER PARTY WISHES TO HAVE A COPY OF THE TRANSCRIPT THEY SHALL SHARE ALL COSTS FOR THE TRANSCRIPT . -4 - ' ,. - I . • 0 - • • 0 I• • 11 . THE HEARING OFFICER'S DECISION SHALL BE SERVED ON EACH PARTY BY PERSONAL SERVICE OR BY lllAILING BY FIRST CLASS MAIL TO THE LAST ADDRESS FURNISHED THE HEARING OFFICER BY SUCH PARTY AND SHALL BE EFFECTIVE AS TO SUCH PARTY ON THE DATE MAILED OR SUCH LATER DATE AS IS STATED IN THE DECISION. E . STANDARDS TO BE APPJ,JED BY HliRING omcu. THE HEARING OFFICER SHALL MAKE DETAILED WRITTEN FINDINGS OF FACT. IF THE FINDINGS OF FACT DEMONSTRATE THAT ANY OF THE OFFENSE(S) SPBCIFIED IN SECl'ION 8-lM-4 WHICH ARE STATED IN THE NOTICE OF ADVBRSE ACTION ARE PRESENT, THE HEARING OFFICER IS WITHOUT AUTHORITY TO REVERSE OR MODIFY THE DISCIPUNARY ACTION DIPOSBD BY THE APPOINTING AUTHORITY AND SHALL ISSUE AN ORDER UPHOLDING THE ACTION OF THE APPOINTING AUTHORITY. IF THE FINDINGS OF FACT DEMONSTRATE THAT NONE OF THE OFFENSE<S) SPECIFIED IN THE NOTICE OF ADVERSE ACTION ARE PRESENT, THE HEARING OFFICER SHALL HAVE AUTHORITY TO ISSUE AN ORDER SETTING ASIDE THE DISCIPUNARY ACTION . THE HEARING OFFICER'S DECISION SHALL BE FINAL AND BIND,Tm~--- F . JUDICIAL REVIEW . THE HEARING OFFICER'S DECISION IS SUBJECT TO JUDICIAL REVIEW WHICH CAN BE SOUGHT BY EITHER THE EMPLOYEE OR THE CITY ON THE GROUND THAT THE FINDINGS OF FACT WERE NOT SUPPORTED BY THE RECORD AS A WHOLE OR THAT THE HEARING OFFICER FAILED TO FOLLOW THE PROCEDURES HEREIN OR ACTED WITHOUT AUTHORITY AS SPECIFIED HEREIN. $ectigp 2. Sgty CJ•»HI The City Council, hereby finda , detsmiaea, and declares that tbia Ordinance ia prcaulpt.ed UDder die .--.I police pc,ww of die City of Enclewood, that it ia ..-uJ,ated for die bealtb, ufety, and welfare of die public, and that tbia OrdinaDce ia ~ for die ..-.atiCID of maltb and aafety and for die protectiaD of public con\'9Dimce and welfare. The City Council further determinea that die Ordinance bean a rational Nlaticm ., die proper legislative object -,ht to be obtained. Sec;tigp 3. Scxvabiljty If any clauae, -t.mce . .......-..,b. er part of tbia Ordinance or the application tbenlaf to any penan er c:ircwutancea lhall for any reason be acljud,ecl by a court of campetmt juriacliction invalid, IIICb judplent ahall not affect impair er invalidate die remainder of tbia Ordinance er ita application to other penona or circwnatancee. Sec;tjgp ,. lomneilYl't Or4iPIPGtl All alba-Ordinancee GI' partiana thereof inconaiatent or conftictinf with tbia Ordinance er any particm benaf an hereby repealed to the utent of auch inconaiateDcy er conflict. -5- ' ,. - I . • 0 -• • • .. S@ctigp 5. Effw:t q( rmeeJ gr mpdifls•tipp 'l'be repeal or modification of any proviaion of the Code of the City of En,iewoocl by tbia Ordinance lhall not releue, extinguish, alter, modify, or chanp in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which lhall have been inc:urred under such provision, and each proviaion lhall be treat.eel and held u ltill remaining in force for the pulpONB al suatainini any and all prapa-actions, nita, proceedinp, and prosecutions for the enforcement of the penalty, forfeiture, or liability,• well u for the pmpoee of sllBtainiJli any judp,ent, decree, or order which can or ma:, be rendered, entered, • made in IIUCh adima, !Alita, Pl'I c_,inp, • prwatima. Introduced, read in full, and ....... ant.__,. the 8th day ofllay, 1996. Publiabed u a Bill llr an OrdiDum • the 9th day alllay, 1996. '1bomu J. 8mm, Mayor ATTEST : Louc:riahia A. Ellis, City Clerk I, Louc:riabia A. Ellis, City Clerk of the City of En,lewood, Colorado, hereby certify that the above and forepiq ia a true cap:, of a Bill fir an Ordinanm, introduced, read in full, and paued OD 8nt rNdiDc • the 8th day of Ila:,, 1996. -6- ,,,_ . , • . I . • 0 , L..,j l . . ,,/) • ilH en .m z '--i Ill 11r r•e:11; 11111~ r iif -< en iii' m • "D i.s·i ! rrli . r: o( ,~ ';} ~ i . r-m [!fljf(flili iJl!~}~E n ~ s1: • L . ~ rftf1istfilt fR}!6fl! e9 ifl ~ en 0 r itsff§s(,I ssif • rR ~~ ' z ' '· . ~ p 11i1I ... ,, . I . I .. 11 ,,1.11 II,, sf I i en ~ N f 1~ ~ .. '. ~ ~i~sJ,fifjs lt1••jf ! c:, I O . "D ~ I-~; • /' .. • i j~111;1,::~ 1,t~1J i 115 .;z: I ~ ... '1 ; 11. I~~ i c:, 7 ... l,~~••~1~ ,~,:~!i ... .. .. .. c:, .. ' -~l~ii(lii illfl~= ... I I t ffs ~ Jt~ E rfsal~~flff( 1(larrr II ... ... ~ . II ... . c:, ' c:, I • N ' .. ' • ~ • • - - • " - • • SENJ av:sEMPLE I JACKSO'!i P. c;. i 5-1-11 ;12:10PM ; 1011111101-'1122100il I dildpUDI WMD a/au mabl IDdbrp dlat lllPPGft Illa dllqal. dl9ll tbe MmDI alllcer lblN1d IIOt be able to modity bal radler *-Id ---die cllldpl1nNJ .... --tM findinal do not auppon me paundl tar IIIRlplbto n. c11ap •'baa--. Finally, tho Ot,y appncWIII dla llitlpeal t a-,aa 11111M 11114 tbe ~ Polloe lleufit Aa0d.1don lboakl be adefled dat __.., all die dlllllllll ,aa ~ u,,e bMrl mcorporued IA 1be tlaal ...._ SIMINly, SBMPU! & JACDON.. P.C. ~~ MlftbaS...,. MS/mp cc: Dudll Brotzman. 'Blq. ML lluldie Banb1ome llccl lllr, ..., .. c:la4o Ci.&7 -Pl' ~-,' . ' .. I . . 0 , ':l? 'XI - • • 0 - ... COUNCIL COMMUNICATION DA TE: May 6, 1996 AGENDA ITEM SUBJECT: Final Subdivision Plat for Chicken Ranch Estates 11 a iii INITIATED BY: Jerry S. Nestler STAFF SOURCE: Harold J. Stitt, Planning 850 West Quincy Avenue Community Coordinator Englewood, Colorado 80110 COUNCIL GOAL AND PREVIOUS COUNCIL ACTION: PREVIOUS ACTION; None RECOMMENDED ACTION; Approve the Final Plat of the Chicken Ranch Estates Subdivision. BACKGROUND. ANALYSIS, AND ALDBNAUYES IDENTIQEQ; The proposed Chicken Ranch Estates Subdivision is located on the west side of the 4300 block of South Huron Street and is zoned R-1-A, Single-Family Residence. Three separate parcels containing a total of 19 dwelling units compose the area to be subdivided. The proposed subdivision will result in the creation of five lots with four of the lots each containing a single- family dwelling (proposed Lots l, 2, 3, and 5) and one vacant lot (Lot 4). This subdivision will eliminate the nonconforming use status (16 dwelling units on one parcel) of the parcel identified as 4377-97 South Huron Street. However, the structural nonconformity of 4387 South Huron Street and 4397 South Huron Street, that of not meeting the minimlDll side yard setback, will not change as a result of this proposed subdivision. As a practical matter, the nonconfonning setback issue can not be resolved easily and the benefit of this proposed subdivision of eliminating a significant nlDllber of nonconforming uses, far outweighs the impact of the continuing nonconfonnity is side yard setbacks. ...... - I· • 0 - - • • • • (. flNANOAL IMPACT: One new residential building site will be created by this subdivision. Revenues will be received from property taxes, as well as permit fees and use taxes when the site is developed. LIST Of AT[ACIIMEN'[S: Resolution Findings of Fact Staff Report Final Plat 2 . , • . .. I . . 0 f 32xl - - BBSOLtmOX N0.1; SERIES OF 1996 . . • • • A RBSOUfflON APPBOVDl'G TIIB 8UIIDJVIIIIOM a, PIIOnaTY LOCATm ON TIIB WEST SIDE OF THE 4300 BLOCK OF SOUTH BURON STREET. WHEREAS, the IUbjec:t praperty ia apprcmmat.ely 2.3 IICl'N and ia located OD the Welt licle cf the 4300 block m South H1ll'OD Street; and WHEREAS, applicatiOD bu hem made by llr. Jeny Neatler nqUNtiq IIWldiviaiOD of the property into five reaidential Iota; and WHEREAS, Mr. N.tler'1 propoNd nbdiviaian will-it iD the cnatMm offm Iota with four of the lotl each CODtainiDc I ~family d1NlliDc and -YKaDt lat; and WHEREAS, the propoNd IUbdiYiaiOD will •Jimin• the DODCllmDl'IIUDI me ltatua (16 dwellinc unitl OD cme pan:el) oft.be percel wntifled • '8'7'7-87 South Haran Street; and WHEREAS, the elimination of the DODCGmOn1UDJ uae reprcliDc the number of dwelling unitl outweipl the probleml of CODtiDuinc the the ltnlctural DODCODformity of 4387 South H1ll'OD Street and '397 South H1ll'OD Street (Dot memn, the minimum lide yard aetback); and WHEREAS, the F.qlewood Plarminc and 7.0Diq CommiNicn bald a Public Beariq OD the propoNd l1lbdiviliOD OD llan:b 5, 1996 and the Pinal Plat WM .... u,ed; NOW , THEREFORE, BE IT RESOLVED BY 1111: CITY COUNCll. OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sectim 1. 'l1le City Council of the City of l'inpwood.. Calando b1nbJ ......... the Pinal Plat for the IUbdmliOD of the prapaty laclud CID the W..t lide oltbl '800 Bloct of South HUl'Clll Street, attacbld bm'llto • EJd:iibit A. ADOPl'ED AND APPROVED dlil 1111 day olllay, 1111. ATTEST : Loucriahia A. Ellia, City Clerk I, Loucriabia A. l!:Dia, City a.ll far tbl City al ........... Calando, b1nbJ Clll1jfy tb1 above ia a true copy of llMolutiaD No ._. a.;. al 1111. . ( • . ... I . • 0 , I - • • • 0 1~ • CITY OF ENGLEWOOD PLANNING AND ZONING COMI\flSmON IN THE MA 1TEll OF CASE ,S0.:96,.0t ) FINDINGS OF FACT, CONCLUSIONS ) AND RECOMMENDATIONS llELATING ) nNDINGS OF FACT AND CONCLUSIONS OF THE CD'Y PLANNING AND ZONING COMMISSION TO THE PRELIMINARY PLAT IOR THE ) CHICKEN RANCH ESTATF.S SlJBDIVISION ) ) INITIATE> BY: ) ) ) ) ) ) JFJlllY S. NESIUll, APPUCANT l50 WF.51' QUINCY A VENUE F.NGLEWOOD, COLORADO IOIIO Commission Members Present: J>ou&)as, Dummer, Garrett, Horner, Shoop, Weber, Ma- son Commission Members Absent: Redpath, Tobin This matter was heard before the City Plannin& and Zonin& Commission on March 5,1996 in the City Council Chambers of the En&lewood City Hall. Testimony wu received from staff and from the applicaotJproperty owacn. The Commission received the Staff Report, which wu incorpomed into and made a pan of Ille record of the Public ffcarin&. After COlllidain& the sratements of Ille wilneua, and reviewiJt& Ille peniaent don•mmts, the members of Ille City Plannin& and Zanin& Commission made Ille fallowia& Findin&s and Conclusions. 1. 2. 3. FINDING$ Of fACT TBA T the Public Hearin& was initiated upon Ille applic:afion filed by Jerry S. Nestler for approval of the Chicken Ranch Estates Subdivision. TBA T Notice of the Public Hearin& WU w:ic::omplisbftt by mailin& Certified letters to 44 property owners within the immediare ma Pvin& dale, tune, localion, and purpme of the Public Hearin&. TBA T Community Coordinalor Stitt latified 11111 Ille p.opoled subdivision is for an area approximately 2.3 acres in siz.e, which will be divided into five residential lots. . - "' - I· • 0 I - • • • • ;- 0 • 4. THAT Community CoontinalDr Stitt testified that tbe IUbject lile is maed ll-1-A, Sin- &)e-family Residrnc:e, and is praendy one of tbe most DDIICllllfarmin sila in tbe City of En&lewood, tbe nonconfonnw:e bein& me of a convened c:hickm coop for 16 dwellin& unils. 5. THAT Community CoontinalDr Stitt lellified llllt tbe prapoaed subdivision will elimi- 8* tbe nonconformin&, substandanl renlal units. but will create nonconfonnance of aisanc llnlCIUla an Lau 2 and 3 became al _.yarc1 lelblck deficicncia. 6. TBA T Community Coardimlar Stitt lellified llllt Ill Lacs c:nmed in tbe Cbickm Ranch &Illa Subclivilioa do a.-GI' m:eed tbe minimum frontage and lot uea re- quiremmts fCII' tbe R-1-A ~family ResHeucc Dillrict. 7. TBA T Community Coordiwor Stitt lellified llllt tbe prapoaed subclivision will cn:ate one unimproved building site froatin& an South Huron Scmt which will be anilable for new home COllSb'UCtion. 8. TBA T Community Coordinator Stiu testified that after analysis of tbe propOICd subdi- vision, and tbe raultin& noaconformin& Sll1US of emtin& llnlCIUla on propoed Lots 2 and 3, Slaff is of tbe opinion that tbe elimination of 16 mbllandanl, noacoafonning rental units will benefit and improve tbe neipborhood, and far outweighs lbe impact of deficient side-yard ldbacks for two aisling structura. 9. TBA T Plannin& Commissioners noted lbe position of tbe aisling structure on Lot 2 inhibits access for off-street parking at the rear of the site; the Commission also made note of lbe Public Service Utility lines which cross lbe propenies outside of the desi&- natecl euemenL 10. THAT applicant/property owner Jerry Nader lellified ID ownenbip of Lot 1, to plans to rue lbe convened c:hickm coop and die structure praendy addreued u 43571h South Huron Scmt, and to bis COIMl'lllians wilb aep-..mives of Public Service Company rqardinc the location of the ovallad lines. 11. TBA T Bill Kelley, property owner, testified to the inlmt of be and bis wife to sell their properties, Lacs 2, 3, and a poation of Lot 4, and relocale out of State . 12. THAT Ms. Devon, Ms. Hoffman, Ms. Allen, Mr. and Mn. JCin&, Ms. ICelley, Mr. 1. Hovland, Ms. Butlett, and Ms. 8am Ill declined to addaaa the Commission reprd- in& lbe pn,potal Subdivision. TBA T proper aacice of the Public Heuin& wu pm by Ca1ified Mail ID " prupe.ty owners wicbin tbe immediate area. ...... I· • 0 - - • • • ,~ - 2. 1RA T latimony WU m:eiwd from staff, bodl Wlbal and writtm, and from the appli- cant/property owners, which is incorponll!d inao and made part of the m:ord of the hearing. 3. 1RA T the propoed Chicken Ranch Ellala Subdivision will provide five taidential lots, one of which will be a vacant pared available for new home c:onstrucdon. 4. l'RAT the propoed Cbic:lam Ranch &Illa Subdivisian will rault in elimination of 16 nonconfonnin&, subslandard rmtal units in an lt-1-A Zone Dislrict, u well u elimina- tion of a llnlCIUre addreued u 43571h Soudl Burm Street. 5. 1RA T even lboucb emtina llnlCtUreS on LcllS 2 111d 3 cf die propmed Subdivision will become nonconforming became of lide-yanl leCbaclt cleficiencies, die benefits of die propoed Subdivision far outweip the disadvancqes of die craled nonconform- ance. DECISION THEREFORE, it is the decision of die City Plannin& and 2.onin& Commission that the Pre- liminary Plat of the Chicken Ranch Ellala Subdivision should be approved, and die applicant llbould proceed with prqmation of the Final Plat for Commission review. 1be decision wu racbed upon a wee on a motion made at the meetin& of the City Plannin& and 7.onina Commission on Man:b 5, 1996, by Mr. Homer, aeconded by Mr. Weber, which mocion llala: THE PLANNJNG CO~N APl'ROVE THE PRELIMINilY PLAT OF THE CBICKEN RANCH ESTATD SUJIDIVISION. AYES: NAYS: A.Bn"AIN: AmENT: Homer, Shoop, Weber, Dou&lu, Dummer, Oanett, Muon None None ltedpllb,Tobin 1be motion carried. Tbele Findinp 111d Conclusions are effective as of the meecin& on Mardi S, 1996. BY ORDER OF THE CITY PLANNING A ZONING COMM1SUON ...... "' - • . , D I . • - • • • ~ORANDUM TO: FllOM: DATE : RE : Cbairmm Muon 11111 ....... 11111 Zaainl Conainioaen Harold J. Stitt, Connuaity Coordinator cd-- Mln:h 26, 1996 Cbicbn Ranch &tale Fmal Plat "' -. A1tacbed for your review is the final plat for the Cbicbn Randt Ellates Subclmlion. The ltafl' bu requested the followina chanps to the plat. • Add a lipature line for Pim Devon • Add Date lines for aD sipllUrel in Approval Blodt • Include total acreaae in 1ep1 cleiuiption oe Subclmlion • Show Ill adjacem property within 100 ftlt of SubdMlioa • VICinity Map to be at a acale maat nae dllll 1" • 600' Thele dlUpl haw bem made 11111 the F..a Plllll ca be approved 11111 b warded to City Council for final action. .. I . . 0 f 32xl - • • 0 ,~ • TO: 1BRU: FROM: Planning and Zonins Commission . llobert Simpson. Manager ofNeipborhood and Busineu Development if Harold J. Stitt, Comnamity Coordinator DATE: March S, 1996 SUBJECT: Chicken Ranch Estates SubdiYilion • Preliminary Plat Cue SD96-01 • Public Hearin& APPLICANT; Jeny Nestler 850 West Quincy Awsue Enpwood, co 80110 REQUEST; The applicant has aabmitted an application and prelimiMry plat to IUbdivide a 2 .48 acre usemblage of property into five lots. RECOMMENDATION; The Neighborhood ud Bulineu Development Division recommends that the Preliminary Plat for Chicken Ranch Estates Subdivision be approved and the applicult be direc:ted to mbmit a final plat for review and consideration by the Commiuion . PROPERTY QWNQS; Jerry Nestler & Pam Devon 850 West Quincy Awsue Englewood. co 80110 William & Sandra Kelley 4387 South Huron Street Enpwood, co 80110 LOCATION Of PROPERTY; The subject site i1 loc:ated in the 4300 block of South Huron Street and ii composed of properties currently addraled u follows : 850 West Quincy Avenue 4357 South Huron Street 4357 ~ South Huron Street H:W ...... Mst WNOI ... 4377 South Huron Street 4387 South Huron Street 4397 South Huron Street 4397 A South Huron Street ..... " - • . < I . • 0 - • • • ,,,_ 0 , • • BACKGROUND AND ANALYSIS; The property currently involves three sepuate pucela C'-Qllbiriins a total of 19 dwelling units . The propoaed IUbdiYilion will result in the creation of five lots with four of the lots each ~ a single-family dwelling (propoaed Lots 1, 2, 3, and 5) and one vacant lot (Lot 4). This subdivision wilI eliminate the nonconforming use ltatus (16 dwellina units on one parcel) of the parcel identified u 4377-97 South Huron Street. However, the ltnlCbnl noncontonnity of 4387 South Huron Street and 4397 South Huron Street not meetina the mininun side yud letback will not c:hanp u a result of this propoaed IUbdivision. ~ a pnccical matter, the~ Ntblck issue CID not be raolwd easily and the benefit of this propoted IUbdivilion of elUINI~ a significult IUllber of nonconfonuin& uses, far outweips the impact of the c:ontinnng uonconfonuity ii lide yud ldbacb. In COllliderina a preliminary IUbdivilion pill. the C-Offlldinion IINllt comider the followins : 1. The zouing of the property propoaed for IUbclivision, topther' with the zouing of the areas immediately adjacent thereto. The IUbject lite and the adjacent propaty ue zoned ll-1-A, Single-Family Residence District. Cumnlly, a ~ of the propoted subdivision c:ontlins a registered nonconforming use, 16 wuts on a single parcel . This nonconformity will be eliminated u a part ofthe creation of the propoled subdivision. 2. The propoNd layout of lots and bloclcs and the propoaed dimensions thereof to demonstrate compliance with applicable yard area requirements . ll-1-A Zone District requires that lots have a mininun lot frontage of 75 feet and a mininun lot area of9,000 square feet . The proposed IUbdiviaion creates five lots u follows : Lal I 2 3 4 5 Am 61,885 tqUare feet 11,014 square feet 11,250 tqUare feet 12,000 tqUare feet 12,000 tqUare feet frnggap (landlocked, with recorded acceu euement) 75 feet 75 feet BO feet BO feet The IUbdivilion, u a whole COlllains 108,149 aquare feet or 2 .4829 acres . 3 . The availability of all utilities, and the proximity thereof to the area propoted for lllbdivilion . Utility lavic:e ii currently available to the structure1 situated on the propoeed Lou 2, 3, 4 and 5. The applicant hu provided additional euemen11 around the perimets of Lou 2, 3, 4, and 5 u well u the eutem portion of Lot l. No additional utility euement will be required . 4 . Topography and natural features of the land with special 1eference to flood plains. There will be no chanae to the exiltina topoanphy of the lllbject properties . With the exception of proposed Lot 4, all lots of the mbdivision are developed . The IUbject property ii not located within an identified flood plain zone. H:Wwrp.._MJI rr,01 .... 2 ...... I . • 0 - - • • " - 0 :• • S. The continuity of streets and alleya within the area pn,poted for IUbdivilion, and the ~ and location of such streets and lllcya, with relation to cxisbng streets and lllcya, both within and without the area proposed for lllbdiwion, 111d the Mats Street Plan. No streets or alleys ue proposed for this subdivilion . 6 . All rights-of-way to be daiped and located to &ci1i1ate the ..re movement ofpedeltrianl and bicyclists. No additional right-of-way is required. 7. AD ~ and pedestrian f.acilities mil be lllected, located and daiped in accordance with ~ Caty ltandlrds. . No bicycle or pedeltrian facilities are required for this propoted mbdivision. 8. The location of utility and other euemmt1 The location and size of the propOIOd euements bu been reviewed and approwd by all city agencies and appropriate outside agencies . 9 . The location of: and provision for, public areas, includins land raerwd for pub, IChools and other public uses . No public reservations ue required . 10. The method of handling dninage and u&ce water. With the exception of the propoeed Lot 4, the majority of the mbiect property is develo~ and the Public Works Department bu not required a drainap study for the P.!OJIC>sed IUbdiVllion . However, at the time Lot 4 is developed the Public Worb Department will review lite drainage u a part of the development review process LJ:GAL DESCRIPJJON; See Prelmnary Plat ZONE DISTRICT; R.-1-A. Sinp-Funily Residence Disb'ict RELA'QQN JO COMPREBpfSIVI: PLAN; The 1979 Comprehensiw Plan delipetes the albjec:t lite u part of a low demity residenri•I area. The proposed IUbdivilion is in~ with the Comprehensive Plan. PRQCIDJJRI:; The Subdivision R.cplations, Tade 10 of the Enpwood Municipal Code, require that the Pllnnina Commiuion lhall review both a preliminary and &nal IUbdivision plat and after due .... , ... 3 • . I . • 0 '32xl - - • "' - • . • ' PRAll'l'MENT ANP AGRJCX IIYIIW; 1. PnbtiG Wqrb· AD adjacent concrete (curb, ..... ar lidewalk) 111111t be brouaht up to City ltandarda. 2 . Safily $cryicp -£a,· No QlnllNllf 3. Safily $cryicp • CpgpniSy Scnial· No CCI ..... 4 . lllililia: No~- 5. public km Qmmeny: No reply receiwd. 6. u $ Wpt c,,,_,,.; l'ffl: No reply receiwd. ll";t ..... :ldJI , ....... . , • , .. I . . 0 , I - • • • l ~ • ' <. CITY OF ENGLEWOOD, COLORADO APPLJCADQN fOB SUBQJYJSION Date: January 2, 1996 ApplicantName: Jerry S. Nestler Address· sso w, Oµincy Avenue Eo1Jewood, co 80110 Telephone: OP3> 761-6200 work ,. - Relation to Request:Qwner of two of the parcels to be subdivided Jerry S. "estler & Pam D ... von / Willi m , Sandra Kelley Owner's Name=----------------------- Address:BSQ w, Ouincy Avenue/ 4387 s. Huron Englewood, co 80110 Telephone: Z6J-62QQ work Common Description of Parcel to be Subdivided: 850 W. Quincy Avenue 4357 S. Huron Street 4357 1/2 S. Huron Street 4377 S. Huron Street 4387 S. Huron Street 4397 S. Huron Street Lepl description of parcel to be subdivided: SEE ATl'ACHED LEGALS t 762-9859 .... • ... ., I . . 0 '32xl = ,. z -~ ·-· c· a -., C -~ C " • -. • .. • ·' - ,. • QUINCY I t! u CIII z -· 0 en ••• J C OIi -, 4 d ON .,, •• •J u ...... ,.. --· • 0 - 4 ® ----·--AV:.C--~11( II~ 4IOO l '" I I ' JD -. ' :"--.. : 1 en z -OM • -ll J -: .., II --------------·---·- CHICKEN RANCH----ESTATES . _____ _ I z 0 a: :, % I I % ... :, 0 i Im .. --.. ""' ... , ...... 4 " ., • STANFORD AVE. 1 ' 0 .. I • • 0 '32xl - - I ' + in • • •, • 256' + -· -i-~-..:•::.;•:t;l•;.:IC::;·;..._-------,J, I ' + 0, -- i ! ., . . . ·, 1---~--.-+--:'.-="!t==~•..:==.::l~--,=~r----.a...------1.: .. " " t' . I' . • :q_ __________ .....1 :.:::::•.: ...........•.. i_........ a:·-····, ......... Jllfl : . . . . l4~7ltoay (II UIIITII •• ·l • rlAIII AP&ITIIIIIIT toMPLEl L ! • r ... , r······ .. ··i r···----.. .. : .. .. .. .. .. . . . . I ,, ····· "···· : .. .. . .. .. . . . APHOl. LOCATION or nNc1 -nr. .... ··········•· MIT PAIIIIIC 1-ITOIY ~ rl&III IOUH '- : II II DIIT &CCISS • P&IIIIIC ,4311 -ITOIY .. ,ca •oun - 12i' +/- . . . . . I ' + .. . . . . . ' •. 1 I . \ ... El " . t;; I . zl 0, ~I ~I ~· ~, I I . I . I I . • 0 .J - • • 0 - '· CDLDllADD IID1111111G & SUllVITII& IIC. IO. 9s-1n4 SCALE 1·•4fa' 3471 ID. 1111111D a. llill 2 • ... --·Ill• 761-8055 Surveying Co/OradO Since 1972 • FAX: 781-0IM1 ~-·------, .... --"""'-~ 256' " 256' ,, 1 __ // ....... --· II ' .... . ............. , ······················ .... ········ .. ···········. .. --·--- in -- .... II z\ 0 ,; = ,= ::, l =. ~1 o. v, I I --·---_/ LEGAL D!SCRIPTIOM: That part of th• South l/2 of th• ME l/4 of the ME 1/4 of th• ME l/4 of section t, Township 5 south, llant• 61 lleat of th• Ith P,M,, described as followa1 CQllalenc· int at a point JO feet llalt and JJO f .. t South of the Northeast corner of said section ta thence llast 256 feet1 thence South 115 feet1 thence East 256 feet: thence North ll~ feet to the place of -----~-· I ... UNI or ,., NI •I• o, nn,o• o _/1j be9innin9, 1tnovn a• 4357 South Huron, Entl•wood, Colorado, IOUO • I • • - I ' + "' -- I ' + . 0, -- ·, APROX .66 ACRE • • • 256' +/- 150' 12,000 SQ.n.,'-____ ....,--...a_ O' O' 150' 12,000 SQ.n#- BUILDING LOT 14377 11,250.SQ. n. 'tf- 75' 121' +/- \ ' . ' E\ ~. t;' . zl ~·1: ~i ~, ::, I ~, I I . I ' l J I . ·. ..-;... "'·:-~ r, . ' .. .... I. • 0 '32 x l • • • . . .. A tract of land in the Northea•t quarter of the North•••t quarter of •ection 9, Town•hip 5 South, Range 68 •••t of the 6th P.M. de•cribed •• follow•: Beginning at a point on the ea•t line of ••id section 9, 445 feet south of th• llortbea•t corner, thence ve•t 216 f .. t; thence •outh 451.9 f .. t, aor• or l••• to the bank of the city ditch; thence on tb• north bank of the city ditch, •outh 31 clecJr .. • 53' ea•t 12.4 f .. t; thence •outh across the city ditch, 24.3 f .. t; thence north 82 dec)r .. s 00' east, 95 feet, thence north 45 degrees 30' •••t, 115 feet, thence north 12 degr .. • 30' we•t, 218.8 f .. t; thence east parallel to th• north line, 151 f .. t; thence north 195 feet to the point of beginning. Except the ea•t 30 feet thereof. Except that parcel of land d••cribect in in- •truaent recorded Deceaber 12, 1973 in Book 2195 at pa9• 394. Al•o knovn •• 4377, 4387, 4397 South Buron, City of En9le- vood, County of Arapahoe, State of Colorado. ,---..--. . ' . ' • . .. I· • 0 1 32xl - S5D IJ, Qumcy At'e I I tf c:,p . DI Tr:,.; (, I ,fZ .O • . , . • SEE ATTA0£D LECM.. DESCRIPTIQ\I l'-_.·_.o ____ • __ ---: ,f 1,&.:a : :·. ~ • .,c.. .•• ,1 ~ t:l'W. i .. . -. I .,,------, . .., \ . f __ u,.J .. . : I ,,. I 4 ,4' I 1• I .. .:. - I I I . : I I ' I I ' I I I , .,,., .. .o I , I I • I • r I I ( I ' I r I . l&J ... t, / Snr:, F,..,& ~ Ill '----Jr , . .. I I I ... , , .. ... I \. -----·-:.·· •. I c ... ,,. I " I u . .r . I . ,----, f-'.:...: _,, I I t,1000 P I CI( I L ----__ .J • .. ., I . . 0 '32xl - • • . " • . . EXHlllT A PROPERTY DISCIIIPTIOW A TRACT OF LAND DESCRIBED AS FOLLOlfS: BEGIICNUIG AT A POINT 360 FEET SOOTH AIID 216 FEET WEST OF THE IIOIITHEAST CORIIEI OF THE IIORTHEAIT QUARTER OF IICTIOII 9, TOWNSHIP 5 SOUTH, IAIIIGE 61 WIST or THI 6TH NIICIPAL NIIID1A2' IN ARAPAHOE COU!ITY, COLORADO; TH!IIC! IOUTH 19 DEGREES '8' WEST 194,0 FEET PARALLEL WITH THI IIORTH LIIE OF SAID IIOllTHEAIT QUAITII TO THI CINTII LINE OF THI CITY DtTCII; TIIICI ALOIIG TRP. CIITII LINE or IAID CITY DITCH IOUTI 6 DBGlllll 32' IAIT 125,6 HIT; THIMCI SOUTH 34 DEGREES 32' IUT 51,t7 HIT; TBEIICI IOOT1I 72 DIG1llll 55' SAIT 157.25 FEET LEAVIIIIG THE CIIITEI LINE or SAID CITY DITCH AT THIS POIICT; THHCI IIOltTII 214,46 FIET TO THI POIICT OF BEGlPtNG; TOGETIIER WITH AN SAaDIZIIT IN, UPOII AND AC&OIS THI FOLLOlflNG DESCRIBED PROPERTY: IEGililNl!IG AT A POINT 30 FEET SOl.'TH UD 295 FIET WEST OF THE NORTHEAST COR~ER OF THE NORTHEAST QUARTER OF SECTION 9, TOWaSHIP 5 SOUTH, RANGE 61 WEST OF THE 6TH P,N.; THENCE SOUTH 330,0 FEET; THENCE SOUTH 19 DEGREES 41' WEIT 11,0 FEET; THENCE NORTH 330, 0 n:t."T; THl::NCE NORTH 19 DEGREES 41' EAST 11, 0 FEIT TO THI POINT or IIGINNING, COUNTY OF ARAPAHOE, ITATE or COLORADO, Also Known as: 8SO West Quincy Avenue Englewood, CO 80110 . ' •. .. I . . 0 f 32xl - ]- QUINCY ... I f! ~ u • ,. ., z z --· 0 ~ ••• J en ·-· C c· Cll2 ~ a -,, C -• ~ • ci C .,, ¥ : CID4 z ~ ~ 0 .,, s· • . "' LIi I ~ ..... , .. " IP ... a .. J ... ... ... "' 1111 •• IJ n, .• .., --CD) W04 -- tr' STANFORD .... I : I' .. I i! D • , . I I I • 0 • ...... .. - ® OM -•• CHICKEN RANCH ESTATES 1 L' ,,, .. r • ,I .. ' ... -.. Lot 5 Lot 4 Lot 3 AVE. :I I ii J : ' I z 0 CIC ~ % I I % ~ 5 en I ·I ,,, - •. • I • • 0 - -- • ------------- " . :; : : .. ~ g ,. : .. . ,. : .. : ~ ! . s ,. • I I ! / J / I ' I I I I , ~ I .. ... • 0 • ,. .. /II. ... .... .... .... -~ .... :.; ... 0 ~ ... .. :; ~ :: ::e. ,, - , ., I . • 0 ' 2 I - l f Date May 8, 1198 • • ·, - <. COUNCIL COMMUNICATION 11 a tv Subject Intergovernmental Ag........,.t CDBG lnltlatacl By Houalng Authority Staff Source Paul llallnowald, Euoutlve Dl1'9Ctor Janet GrlnllMlt, Houelng Finance Speclallat COUNCIL OOALAND PIIEVIOU8COUNCILACl10N Puaage of Ordinance no. 39, Series of 1994 and puuce of Beaolutiaa No. 57, Series of 1995 IUppOlting Housing. RECOMMENDED ACl'ION Approve a Bill for an Ordinance authorizing the euc:ution of an ID~tal Subpant.ee Agreement for the 1996 Arapahoe County Community Developnent Block Grant Procnm, Continuing Resolution Funding, between the Arapahoe Board of County CammwiODmWand the City ofEn,lewood. BACKGROUND, ANALYBIS, AND AL'IDNA11VBl 11JBN'l11'111:D 1be Federal Community Development Block Grant (CDBG) Prosram proYidel ,rama to unita of local government and urban counties to meet bouinc and -unity dft91opment Meda. Tbe objective of tbe Program is achieved tbroulh projecta developed by the local pernment wbicb U9 deeiped to give maximum priority to thoae activities that will benefit low and moderate ~ familiea. Funda are allocated by statutory formula to w:b entitlement area. Arapahoe County ia an app.OV9d entitlement area. The grant funda are cliatributecl on a formula buia to puticipatin, citiN within Arapahoe County. For 1996, Continuin, Resolution funds have hem approved by Con..-at &plll'Clllimately 40'll, oftbe anticipated 1996 CDBG budpt. TbNe funda are approved to aupport the City of J:aslewood'• continuing Housing Rehabilitation Project, the Broadway Corridor Project, and to provide funda for the Family Self Sufficiency Protram aponaored by the Englewood Houam, Authority with the followinc amounta : 1 . $7', 595 to monitor and to rehabilitate 5 low-income bouam, unita -tterecl tbroqbout the City; 2 . $10,000 to aupport Family Self Sufficiency; 3 . $35,000 to replace one low-income, owner-occupied, bouam, unit; 4 . S 4,000 for rehab adminiatration . FINANCIAL IMPACT The City provide, matching fund, for atafl' neceaaary to adminiater the Houaing Rehabilitation and Broadway Corridor Program,. UST OP ATl'ACIDIENTS Bill for an Ordinance. '· • • 0 r 'l"J I - - • • • • '· Sw;tim 3. 'lbe City Manqer aball be autbariwl to ftutber mead tbe Subp1mt.ee Agreementa For 'lbe 1996 Arapahoe County Community DffeiapaMDt Block Grant Prop-am Continuiq ReeolutiOD Fundiq U naeded. Introduced, read iD full, and pueed OD tint readiDc OD tbe 8th day afllay, 1996. Publiabed U a Bill for an Ordimmce CID tbe 8tb day afllay, 1996. ATTEST: Loucriabia A. Ellia, City Ciak I, Louc:riabia A. Ellia, City a.It af tbe City af ............ Calando, ..._, Olltify that tbe above and funpiq ia a tne capy af a Bill Ir • OrdiDaDce, iataocluced. rwl in full, and puaed OD fint rumD1 OD tbe 8th day afllay, 1118 . -2- ,,. - 'I • • • 0 t , • • 0 I • - COUNCIL COMMUNICATION Date Agenda Item Subject May &, 1996 Intergovernmental 11 a iv AgrNment CDBG Initiated By Staff Source Houalng Authority Paul llallnowakl, Executive Director Janet Grimmett, Houalng Finance Speclallat COUNCIL GOAL AND PREVIOUS COUNCILACl10N Passage of Ordinance no . 39, Series of 1994 and p11898ie ofReaolution No. 57, Series of 1995 supporting Housing. RECOMMENDEDACl10N Approve a Bill for an Ordinance authorizing the uecution of an lnterpernmental Subp-antee Agreement for the 1996 Arapahoe County Community Development Block Gnnt Protram, Continuing Reaolution Funding, between the Arapahoe Board of County Commiuionen and the City of Enclewood . BACKGROUND, ANALYSIS, AND AL'lmlNA11VB8 IDBNIUUD The Federal Community Development Block Grant (CDBG) Prop-am proviclea l!'Ultl to unita of local government and urban counties to meet houain( and community development needa. The objective of the Program is achieved through projects developed by the local pernment wbicb are deaiped to give maximum priority to those activities that will benefit low and moderate income families. Fund• are allocated by atatutory formula to each entitlement area . Arapahoe County ia an approved entitlement area . The grant funds are distributed on a formula buia to participatmf cities within Arapahoe County. For 1996, Continuing Reaolution funds have been approved by Coa,reu at appromnately 40'1, of the anticipated 1996 CDBG budget. Theae funds are approved to support the City of Enclewood'a continuing Housing Rehabilitation Project, the Broadway Corridor Project, and to provide funds for the Family Self Sufficiency Program aponaored by the Englewood Houain1 Authority with the followin& amounts: 1. $74, 595 to monitor and to rehabilitate 5 low-income bouain& unita acattered throupout the City; 2 . $10,000 to 1upport Family Self Sufficiency; 3 . $35,000 to replace one low-income, owner-occupied, houain& unit; 4 . S 4,000 for rehab administration . FINANCIAL IMPACT The City provides matching fund1 for staff neceuary to administer the Houains Rehabilitation and Broadway Corridor Programs . LIST OF ATl'ACBMENTS Bill for an Ordinance. ... ..... •. ... I· • 0 I - • ORDINANCE NO. _ SERIES OF 1996 • 0 • BY AUTHORITY A BILL FOR COUNCIL BILL NO. 28 INTRODUCED B~SOUNCIL IIBIIBD fU./Jt'Ai(oJ;;: AN ORDINANCE APPROVING AND AUTHORIZING TRB DBCtn'ION OP INTERGOVERNMENTAL SUBGRANTEE AGREEMENTS FOR THE 1996 ARAPAHOE COUNTY mllllUN1TY DEVBLOPIIBNT BLOCK OllANT PllOGRAII CONTINUING RESOLUTION FUNDING BETWEEN THE ARAPAHOE BOARD OF COUNTY COIOIISSIONBBS AND THE CITY OP ENGLEWOOD. WHEREAS, the City Council approved the euc:ution of an Interpvenunental Agreement between the City of Enclewood and Arapahoe County by pauage of Ordinance No. 39, Series ofl994; and WHEREAS, the Agreement related to the conduct of the Community Development Bloclr. Grant Programs for Federal Fiacal Yean 1995 through 1997; and WHEREAS, the project by the City of Enclewood known u the "Houaing Rehabilitation Project" bu been categorized u a rehabilitation activity and the City al Enrlewood will maintain documentation with the National Objective of Houaill( Benefit activiti•; and WHEREAS, the project by the City of En,lewood known u the Broadway Corridor Improvements Project bu been catesonsed u a l)l8Cial activity for community-hued development orsanizationa activity; and WHEREAS, the project by the City of En,lewood known u the "Enclewood Family Self Sufficiency Program" bu been categorized u a public aervice activity; and WHEREAS, the City of Enclewood may proceed to incur coata for tbNe project.a u of June 1, 1996 unleaa such acceptance ia made continpnt under Section II-F., Labor Standarda, or Section II-G., Environmental Review,, u contained in the Subll'antee Agreement, and subject to the City of Englewood receivinr an official "Notice to Proceed" &om Arapahoe County; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sec;tjpn 1. The Subgrantee Apeementl for the 1996 Arapahoe County Community Development Bloclr. Grant Program Continuinr Reaolution Fundini are hereby accepted and approved by the Englewood City Council and the Mayor ia authorued to euc:ute and the City Clerlr. to attelt and aeal the Agreement for and on behal!aftbe City ofEqlewood. Sec;tigp 2 . The Subsrantee Agreementl for the 1996 Arapahoe County Ccamunity Development Bloclr. Grant Program Continuinr RHolutioa Fundini are attached hereto u Edubit A. f ' I· • C , - - • • ·, • '· 5ertim 3. 'lbe City Y....-abal1 be autbariaed tio fmtMr at.end the Sublrutee ~ta For 'lbe 1996 Anpabae C-ty Ccmmanity Developmmt Block Gnnt Prolram CoatiDuillc BeNlutiaD hndiDc -nwled. Introduced. read iD fall, and,_.._ tint readiDc • the 8th day afllay, 1998. Publillbed • a Bill far• OrdiaaDm cm the 9th day afllay, 1998. 'lbomu J. Buru, Mayor ATTEST: Loucrilhia A. Ellia, City Clerk I, Loucriahia A. Ellie, City Clerk of the City af J:nclewood, Calondo, _., cartify that the above ud (OJ1IICIUII ia a true copy af a Bill far aD ~. iDtroduced, read iD run, ud paued cm Int readini • the 8th day afllay, 1998. -2- .. I . . 0 f ~~vi - • • 0 • {. SUBGRANTEE AGREEMENT FOR THE 1996 ARAPAHOE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CONTINUING ~LtmON .FUNDING This Agr••••nt is aade and executed this day of ---------..... ---• 1996 by and between the Board of County Commissioners of the County of Arapahoe, State of Colorado, for the Co-unity Developaent Block Grant Progr-in th• C~unity Services Department (hereinafter referred to as the County) and 'l'D Cift 01' DGLDOOD, a municipality in Arapahoe County (hereinafter referred to as the SubGrant••> for the conduct of a C~ity Developaent Block Grant (CDBG) Project for Proqraa Year 1996. I. Ha1'08B The priaary objective of Title I of the Housing and co-unity Development Act of 1974, as aaended, and of the co .. unity Developaent Block Grant (CDBG) Proqraa under this Title is the development of viable urban communities, by providing decent housing and a suitable living environment and expanding economic opportunities, principally for low and moderate income persons. Th• project by 'l'D CI'l'Y OP DGLffOOD known as th• l'UILY 8BLl'- •U1'1'ICIDCY ••o.JBC'l' (Project) has been categorized as a •nLIC 8DVICU &C'l'IVI'l'Y, and the SubGrant•• will uintain documentation with the D'l'IODL 08.JBC'l'IVII of LDII'l'BD CLID'l'BLB BIDIUI'l' activities. The SubGrant•• aay proceed to incur costs for the project as of June 1, 1996 unless aade contingent under Section II-F., Labor Standards, or Section II-G., Environmental Reviews, below, and/or subject to the SubGrantee receiving an official 'Notice to Proceed' from the County. II. WOU 'l'O BB COULB'l'BD BY 'l'D 8UBGaall'l'H The following provisions outline the scope of the work to be coapleted: Project will employ case aanager to provide service coordination, case aanagement, aonitoring, and other supportive services to Englewood Housing Authority tenants in order to help thea ultiaately achieve self- sufficiency and financial independence. A. PayaeDt It is expressly agreed and understood that the total aaount to be paid by the Grantee under this contract shall not exceed $10,000. Drawdovns for the payment of eligible expenses shall be aade against the line it•• budgets specified in attached Exhibit B herein and accordance with perfonaance. Expenses for general 1 ..... > ... I • { A I • • • 0 - J • • ,._ • ,~ • ,. adlllinistration shall also be paid against the line it .. budgets specified in Exhibit Band in accordance with performance. a. Tiaelia• Th• project will be completed by Jun• 1, 1997 unl••• this Agr•-•nt is modified by mutual agre .. ent. c. ••rforaaJace criteria Project funding will accomplish the following: Progr-will .. ploy ca•• aanager to provide supportive services for approximately 30 Englewood Housing Authority tenants. D. aeportia9 aeq,air...at• 1. Each SubGrant•• Dravdovn Request will include progress reports for the period for which payment is being requested. 2 . Quarterly project reports will be due within 30 days following the end of each quarter (March 31, June 30, September 30, December 31) until the Project is completed. 3. Final Report i• due 45 days after completion of the Project. 4. Annual and Audit Reports -Th• official Annual Report and Annual Audit for the SubGrant•• in which both revenues and expenditures for the CDBG Financial Projects described berein are detailed. Du• annually, not later than Jun• 30 of each year. •• Labor ltaDdarcls (DaYis-BaCOD) It is determined that: Project does not involve activities which require compliance with federal labor standards. Project has been determined to be an ex .. pt activity, and no environmental action is required. III. aBIPOIIIIBILITISI or 'lllll IUBGJtAll'ISS a. rederal Coapliuce The SubGrant•• shall take all actions that are appropriate and required of it to comply with the applicable provisions of the grant agr•••nts received fro• th• U.S. Department of Housing and Urban Development (HUD) by the county. Th••• include but are not 2 ' • . I I . • 0 - • • 0 l• • ' limited to compliance with the provisions of the Housing and Community Development Act of 1974 (ACT) and all Rules and Regulations, guidelines and circulars promulgated by the various federal departments, agencies, adainistrations and co-issions relating to the CDBG Program. Nore specifically, the SubGrantee and the County shall each take all required actions to coaply with the provisions of 24 CFR Part 570, Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, Section 104 (b) and 109 of the Housing and coaaunity Development Act of 1974, 24 CFR Part 85, Subpart ~ of HUD'• Uniform Administrative Requirement for Grants and Cooperative Agreeaents, the regulations applying to minority business enterprise, 24 CFR 570.904, the lead based paint regulations 24 CFR 570.608 and 24 CFR 35, and with ONB Circular A-87, Cost Principles for State and Local Governaents. Attached hereto as Exhibit A and incorporated herein by this reference is a summary of provisions associated with the Community Development Block Grant Prograa which shall be followed by the SubGrantee unless it is determined to be inapplicable. Additionally, in accordance with 24 CFR Part 570, no -ployee, official, agent or consultant of the SubGrantee shall exercise any function or responsibility in which a conflict of interest, real or apparent, would arise. The Subgrantee cannot engage in a federally funded contract with any entity registered in the Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs. This publication is available in Arapahoe County through the Housing and Community Development Services Division. a. supervision and Adainistrative Control Aa to any projects conducted during Prograa Year 1996, the SubGrantee agrees, in accordance with Section III, paragraph A above that the County shall have ultimate supervisory and administrative responsibility, but the SubGrantee shall be responsible for the expenditure of the funds allocated for its projects or activities and for the construction or performance of its projects or activities in coapliance with all applicable Federal laws and requirements relating to the CDBG Prograa. c. •on-Appropriations Clause The SubGrantee agrees that it will include in every contract it enters, which relies upon CDBG aonies for funding, a non- appropriation clause that will protect itself and the County froa any liability or responsibility or any suit which aight result froa the discontinuance of CDBG funding for any reason. Because this Subgrantee Agreement involves funds froa a federal grant, the funding provisions of this Subgrantee Agreeaent, the federal grant and the federal statutes control rather than the provisions of Section 24-91-103.6, C.R.S. with regard to any public work projects. D. s.penditure aestriotions All CDBG funds that are approved by HUD for expenditure under the County's grant agreement, including those that are identified for 3 ,,,_ • . D I· • 0 - • • "' - 0 : .. • the SubGrantee'• projects and activities, ahall be allocated to the specific projects and activities described and listed in th• grant agreements. The allocated funds shall be used and expended only for the projects and activities for which the funds are identified • •• Aqr•-•nt CbaDCJH No projects or activities, nor the aaount allocated therefor, aay be changed without concurrence by th• County and acceptance of the revised Final Stat .. ent and/or Consolidated Plan by HUD, if required. Changes aust be requested in writing and aay not begin until a modification to this Agre ... nt i• fully executed. ~. Direct Projects 8upervisioD and adaiaiatratioD The SubGrant•• shall be responsible for the direct aupervision and adainistration of its respective projects or activities. Thi• task shall be accoapliahed throu9b the use of the SubGrant••'• staff, agency and employ•••· The SubGrantee shall be responsible for any injury to persons or daaage to property resulting fro• the negligent acts or errors and oaissions of its staff, agents and eaployees. Subgrantee, within its legal ability to do so under the Constitution of the State of Colorado and its hoae-rule charter (if Contractor is a home-rule aunicipality) and without in any way or aanner intending to waive or waiving the defenses or liaitations on daaages provided for under and purauant to the Colorado Governmental I11J11unity Act (Sec. 24-10-101, et seq. c.R.S.), the Colorado Constitution, its home-rule charter or under the co .. on law or the laws of the United States or the State of Colorado, shall indemnify and save harmless the County against any and all daaages which are recovered under th• Colorado Governaental I-unity Act and reduced to final judg-•nt in a court of coapetent jurisdiction by reason of any negligent act or oaisaion by Subgrantee, its agents, officers, or eaployees, in connection with the performance of this contract. G. ID4-ity Because the SubGrantee is responsible for the direct supervision and administration of its projects or activities, the County shall not be liable or responsible for cost overruns by the SubGrantee on any projects or activities. The County shall have no duty or obligation to provide any additional funding to the SubGrantee if its projects or activities cannot be coapleted with the funds allocated by the County to the SubGrantee. Any cost overruns shall be the sole responsibility of the SubGrantee. 1. 2. The SubGrantee agrees that all funds allocated to it for an approved projects or activities shall be used solely for the purposes approved by the County. Said funds shall not be used for any non-approved purposes. The SubGrantee agrees that the funds allocated for any approved projects or activiti•• shall be sufficient to 4 • . I· • 0 , - • • "' - • , . . •• ' coaplete said projects or activities without any additional CDBG funding. a. Iaauraace If the SubGrantce'• projects involves construction activiti .. , any Contractor it uses for said activities shall be required to provide and aaintain, until final acceptance by the SubGrantee of all work by such Contractor, the kinds and ainiaua aaounta of insurance as follows: 1. Coaprehensive General Liability: In the aaount of not 1 ... than $600,000 collbined aingle liait. Coverage to include: a. Pr .. iaes Operations b. Products/Coapleted Operation• c. Broad Fora Contractual Liability d. Independent Contractors e. Broad Fora Property Daaage f. Eaployeea as Additional Insured g. Personal Injury h. Arapahoe County and the SubGrantee as Additional Named Insured i. Waiver of Subrogation 2. Comprehensive Automobile Liability: In the -ount of not le•• than $600, ooo coabined aingle liai t for bodily injury and property daaage. Coverage to include: a. Arapahoe County and the SubGrantee as additional Hued Insured b. Waiver of Subrogation 3. Eaployers Liability and Worker• Caapenaation: The Contractor shall ••cure and aaintain employer'• liability and Worker'• Coapenaation Insurance that will protect it against any and all clai-resulting froa injuri .. to and death of workers engaged in work under any contract funded pursuant to this agre ... nt. Coverage to include: a. Waiver of Subrogation 4. Additional Hued Insured: All referenced insurance policies and/or certificate• of insurance shall be subject to the following stipulations:- a. Underwriter• shall have no right• of recovery subrogation against Arapahoe County or the SubGrantee; it being the intent of the parties that the insurance policies so effected shall protect the parties and be priaary coverage for any and all lo•••• covered by the described insurance. 5 ' • .. I . • 0 , - • • • • • , . • b. Th• clause entitled •other Insurance Provisions• contained in any policy includinCJ Arapahoe County as an additional naJled insured shall not apply to Arapahoe County or th• SubGrantee. c. The insurance coapani•• issuincJ the policy or policies shall have no recour .. a9ainst Arapahoe County or the SUbGrantee for payaent of any pr .. iuas due or for any as ... aaenta under any fora of any policy. d. Any and all deductible• contained in any insurance policy aball be aHuaed by and at the aole risk of the Contractor. 5. certificate of Insurance: 'l'be Contractor shall not COllllellce work under any contract funded pursuant to this agreeaent until be bas sublli tted to the SUbGrantN, received approval thereof, certificate. of insurance abovi119 that be bas caaplied with the foregoi119 insurance requireaenta. 'I'll• SubGrantee shall also await a copy of the Contractor'• certificat-of insurance to the County. 6. Notwithstandi119 the provisions contained in this paragraph (H) .. t forth hereinabove, the County r•••rv•• the ri9bt to IIOdify or waive said provisions for projects or activiti-for vbicb th••• provisions would prove prohibitive. 'I'll• SubGrantN underatanda, however, that the deciaion to waive or IIOdify those proviaions is fully within the discretion of the County. 1. aeaorcta The SubGrant•• aball aaintain a coaplete .. t of booka and records docuaentincJ ita UH of CDIG funds and ita auperviaion and adainistration of the projects. 'I'll• SubGrantee aball provide full ace••• to th••• books and records to the county, the Secretary of HUD or his deai9Jlff, th• Office of Inspector General, and the General AccountincJ Office ao that coapliance with Federal law and regulation• aay be confiraed. 'I'll• SUbGrantee further agr ... to provide to the County upon requ-t, a copy of any audit reports pertaining to the SubGrantN'• financial operations duriJMJ the tera of this agre ... nt • J. aeportia9 'l'be SubGrant•• shall file all reports and other inforaation necessary to coaply with applicable Federal lavs and regulations•• required by the County and BUD. 'ftlia shall include providing to the county the inforaation nee-Ary to complete the Grant•• Perforaance Reports in a tiaely faahion. s. TiaeU.aeaa ' "' - • . I. • 0 - - • • 0 - The SubGrant•• has aubaitted to the County, along with it• proposal, a description of the work to be performed, a budget, and a tiaatabla delineating the length of ti•• needed for each project phase, if applicable, through the completion of th• projects. The SubGrant•• shall coaply with tiaetabl• for coapletion of th• projects. Th• SubGrantaa understands that failure to coaply with the timetable may lead to a cancellation of the projects and a lo•• of all unexpended funds, unl .. • the County detarain•• that there are extenuating circumstances beyond the SubGrant••'• control and that th• projects will proceed within a reasonable length of tiae. The timetable's impl-entation shall begin when th• County provides written notification to the SubGrant•• to proceed. L. ••!abur•-•nt for bpens•• The SubGrant•• agrees that before the County can distribute any CDBG funds to it, the SubGrant-aust sumi t to the County'• Rousing and Community Development Services Division dOCUllentation in the fora required by that Division which properly and fully identifies the amount which th• SubGrant .. is requesting at that ti••· The County shall have ten (10) working days to review the request. Upon approval of the request, the County will distribute the requested funds to the SubGrantaa or directly to the appropriate subcontractor or vendor as soon a• possible. •· PrQCJr-Inco•• All program income derived fro• the Arapahoe County Community Developaant Block Grant Prograa received by the SubGrant•• will be retained by the SubGrant•• and will be dispersed for it• approved CDBG project activities before additional CDBG funds are requested froa the County. Following coaplation of the SubGrant••'• Arapahoe County CDBG Projects, all prograa incoae directly generated from the use of CDBG funds will be r-itted to the County. •. a.set 11aDa9-•Dt Any single parcel of real property under the SubGrant••'• control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000 will either: o. 1. Ba used for an eligible CDBG activity, as deterainad by the County, for a ainiaua of five (5) years following completion of the SubGrant••'• projects; QB 2. Be disposed of in a aanner that result. in the County'• being raiaburaed in the aaount of the current fair aarket value of the property l••• any portion of the value attributable to expenditure• of non-CDBG funds for acquisition of, or iaprovaaenta to, the property. Reimbur••••nt is not required after five (5) years following coapletion of the SubGrant••'• projects. •tat• aDd Cowaty Lav Coapliance 7 ...... • .. 0 I • • 0 , - • • Ii - 0 I• • All r••pon•ibiliti•• of the SubGrant•• enumerated herein •hall be •ubject to applicable State •tatut•• and County ordinance•, re•olution•, rule•, and regulation•. •· b't'iro--tal •••i .. The SubGrant•• agr••• that no CDBG funds will be legally obligated to any project activity before the County ha• coapleted the environaental review procedure•, a• required by 24 CPR Part 58. g. aabooat.racta If •ubcontracta are used on the project•, th• SubGrant•• agr••• that the provi•iona of thi• agreeaent •hall apply to any •ubcontract. •• hapeUiOD or 'fuaia&UOD Thia agre ... nt uy be •uapended or terminated by the County if the SubGrantee uterially fail• to coaply with any term of this agreeaent. Thia agreeaent aay al•o be terminated for convenience by autual agr••••nt of the County and the SubGrant••· 1. In the event that the Unit of General Local Governaent •hould withdraw fro• th• County'• •urban County• de•ignation, this agr•-•nt •hall terminate a• of the termination date of the County'• CDBG grant agre ... nt with HUD. 'f. Th• SubGrant•• certifi•• that to the be•t of it• knowledge and belief: u. 1. No Federal appropriated fund• bave been paid or will be paid, by or on behalf of it, to any per•on for influencing or atteapting to influence an officer or -ployee of any a9ency, a N~r of Congru•, an officer or eaployee of Congr•••, or an -ploy•• of a llellber of congr••• in connection with the awarding of any Federal contract, the aaking of any Federal grant, the aaking of any Federal loan, the entering into of any cooperative agreeaent, and the exten•ion, continuation, renewal, aaendaent, or aodification of any Federal contract, grant, loan, or cooperative agre ... nt; and, 2. If any funds other than Federal appropriated fund• have been paid or will be paid to any person for influencing or atteapting to influence an officer o~ -ploy•• of any agency, a N~r of Congr•••, an officer or a.ploy•• of congr•••, or an -ploy•• of a Neaber of congr••• in connection with this Federal contract, grant, loan, or cooperative agr•-•nt, it will coaplete and aubllit Standard rora-LLL, •oiaclo•ur• Pora to Report Lobbying,• in accordance with it• instructions. Di•allowaace I • ' ' I • • 0 , - - • • • ·, • If it i• deterained by HUD or other federal a9ency that the expenditure, in whole or in part, for the SubCrant-'• project• or activity waa iaproper, inappropriate or ineli9ible for reiaburaeaent, then the SubGrant•• ahall reillbur .. the county to the full extent of the diaallovance. IV. &U.a118IBIL%flU OI' ns comm &. Le9al Liability aJMI a..poaaibility The Parti•• recOCJlliz• and unc:leratand that the eounty will be the 9overnaental entity required to execute all 9rant a9r...anta received froa HUD pursuant to the County'• raquuta for CDBG fund• and that it will thereby becoaa and will be bald by 111:JD to be l99ally liable and responsible for the overall adainistration and perforaance of the CDBG prO(Jr ... , includi119 the projacta or activities to be conducted by the SubCran~. AccordlftlJly, th• SubCrant•• a9r-• that as to ita projects or activitiu parforaad or conducted under any CDBG a9raaaant, the county aball have the necaasary adainiatrati va control required to -•t HUD raquir-nta. •· Perforaaace aJMI coap11-ce II01aitoria9 Th• County'• auparvisory and administrative obli9ationa to th• SubGrant•• pursuant to para9raph A above shall be liaited to the parforaance of th• adainistrativa task• necessary to aalt• CDBG funds available to th• SubGrantee and to provide a Nonitoring Specialist who•• job it will be to aonitor the various projects funded with CDBG aoni•• to enaure that they coaply with applicable Federal laws and r99Ulations. c. aeportia9 to a1JD Th• county will be ruponaibl• for confirai119 the coapliance of the SubCrant••'• projacta with applicable Federal law and r99Ulationa. Th• County will further be reaponaible for .-1119 that all necessary reports and · inforaation, includi119 the . Grant•• Performance Reports, are filed with HUD and other applicable Federal a9enci•• in a tiaely fashion • 9 .,, - .. •· • 0 I - - • • • • • . . - In Witn••• Whereof, th• Parti•• have cauaed thi• agreeaent to be duly executed thi• ___ day of ------------' 1996. Witneaa: Atteat: Clerk to the Board Donetta Davidaon ......... . . . . . . . . . Subc)rant .. : __ J1c ... 1,..g~.,1,Au( ..... IDS111111,,1l1,19YP941m,a,a,1---·.:.· ·.:.· ·.:..·. ·• •. •• •. •. · .<•:~:~:~:; ......... BY=------~----------· .. · .. ·-· ..... . Board of county C01111iaaioner• Arapahoe county, Colorado Polly Pac,e, Cbairaan . , I . • 10 ° ,_ ~ I - - • • t• • ' (, EXHIBIT A CO~NITY DEVELOPMENT BLOC!t GRANT PROGRAM CONTRACT CLAUSES scope of work 24 C.F.R. S 570.503(b)(l) Should be clear, quantified, with performance criteria built in. Performance to include accomplishment of the product, method of accoaplishment, tiain9, ailestones and peraonrtel asai9ned. There should be a very specific bud9et, or9anized by task•• well aa line it ... contract Administration 24 c.r.a. s 85.J&(b)(lll Procedures regarding all contractual and adainiatrative issues. Thia aust include procedures for chan9in9 the scope, apecificationa, bud9et, or other proviaiona. Where 0MB Circular A-110 applies, see Attachment O, Par. J.c.(9). uniform Administration 24 C.F.R. S 570.502 Compliance with the requirements of 24 C.F.R. Part 85, sometimes referred to aa the •coaman Rule. • Applicable to grant••• and aubrecipienta that are 1JOV9rnaental entitiea. Subrecipients that are not 9overnmental entitle• auat comply with specified Attachments to 0KB Circular A-110. cost Principles 24 c.r.a. s 510.502 Compliance with the provisions of ONB Circular A-87 or A-122, aa applicable. conflict of Interest 24 c.r.a. s 510.,11 No employee, officer or a9ent of the aubgrantee ahall participate in selection, or in the award or adainiatration of a contract if a conflict of interest, real or apparent, would be involved. See also 24 c.r.R. S 85.36(b)(3) or 0KB Circular A-110, Attachment O, Par. J.a., as applicable. Btcordk,eping 24 c.r.a. s 570.50J(b)(2l Describe records that auat be aaintained, includin9 eligibility, national objectives, financial, equal opportunity, etc. See also 24 C.F.R. S 570.506. ..... I ,. - • I . • 0 , I - • • • t• . • ' <. Reporting Requirements 24 c.r.R. s 570.50l(b)(2) Describe all reporting requirements necessary to verify accomplishmen~ toward meeting the project scope and to demonstrate compliance with other requir ... nta. s .. also 24 C.F.R. S 85.36(i)(7) or 0MB Circular A-110, Attachment H, as applicable. Patents and copyrights 24 c.r.R. s 85.36(1)(8) , (9) Include any applicable provisions regarding rights to patented inventions and copyrighted aaterial resulting from the CDBG contract. Where ONB circular A-110 applies,••• Attachment O, Par. 4.h. Ac;c111 to Records 24 c.r.a. s 85.36(1)(10) Access by city/county, Comptroller General, Secretary of HUD and their representatives, to any records relating to the project. Where 0MB Circular A-110 applies, ••• Attachment O, Par. 4.i. Retention of Racord• 24 C.P.R. S 85.36(1)(11) All records relating to the project mast be retained three years after project audit/close out. Where 0KB Circular A-110 applies, ... Attachaent c. Proaru Income 24 c.r.a. s 570.503(b(3) Description of all CJUidanc• on the disposition and use of program inc0111e. s.. also 24 c.r.R. SS 570.SOO(a) and 570.504 Raver1ion of Aa1ets 24 c.r.a. s s10.50l(b)(8) Provisions regarding the return of excess fund• and requirements regarding th• post-closeout use of real property acquired or J.aproved with CDIG funds. ar,ach of contract 24 C.P.R. S 85.36(1)(1) Administrative, contractual and legal reaediea in instances of breach of contract, including sanctions and pan&lti••· Where 0MB Circular A-110 applies, ... Attachment O, Par. 4 .a. Termination 24. C.P.R. S 85.36(1)(2) For all contracts in excess of $10,000, description of how and under what circuaatanc•• a contract aay be terainated for caus~ and for convenience, including the ~sis for settlftment. Where 0MB Circular A-110 applies, ... Attachment O, Par. 4.b. • ,. - . ' • .. , I . • 0 - - • • 0 • 24 C.F.R. S 570.502 Compliance with 0MB Circular A-128 (State and local governments) or A-133 (Nonprofits and higher education institutions). See also 24 C.F.R. Part 44 and 24 C.F.R. S 85.26. Lobbying 24 C.F.R. Part 87 No CDBG funds may be expended for lobbying purposes and payments from other sources for lobbying must be disclosed. Religious organizations 24 c.r.R. s 570.503(b)(6) Limitations and conditions on the use of CDBG funds by religious organizations. See also 24 c.r.R. S 570.200(j). Resident Aliens 24 c.r.R. s 570.613 Newly legalized resident aliens are not eligible to apply for CDBG funded direct benefits such as services, jobs and housing rehabilitation. Uniform Relocation Assistance and Real Property Acquisition Policies Act ,uniform Act) 24 C.F.R. S 570.606 Requirements for real property acquisition procedures and benefits and services that anyone displaced must receive. Bonding and Insurance 24 c.r.R. s 85.J&(h) Include with construction contracts with estimated cost of $100,00 or more. Requires bid vuaranteas (51 of the bid), performance bond ( 1001 of the contract price) and payment bond ( 1001 of the contract price). Where 0MB Circular A-110 applies, see Attachment Band Attachment O, Par. 4.c. Labor standards 24 c.r.R. s 570.&03 In all construction contracts over $2,000 (except for housing rehabilitation of properties containing less than 8 . dwelling units), Davis-Bacon Act and related labor standards requirements apply. Use current wage rates applicable to the project and HU0-4010 which includes all required references. See also 24 C.F.R. S 85.36(i)(4),-(5) and (6) or OHB Circular A-110 Attachment O, Pars. 4.e., f., and g., as applicable. Debarred contractors 24 c.r.a. s 570.609 Prohibit~ use of debarred, suspended or ineligible contractors or subrecipients in any contract. .... • .... •. .. I . • 0 , - • • • 0 • (, Environmental 24 C.F.R. S 85.36(i)(l2) For all contracts and subcontracts over s100;000, include compliance with standards, orders and requirements issued under Section 306 of the Clean Air Act, Section 508 of the Clean Water Act, Executive Order 11738 and environmental Protection Agency regulations at 40 C.F.R. Part 15. Where 0KB Circular A-110 applies, see Attachllent 0, Par. 4.j. Flood Insurance 24 C.F.R. S 570.605 For acquisition rehabilitation, or construction in apec:Jial flood hazard areas ( as dete~ined by !'EMA) , property auat have flood insurance. Energy Efficiency 24 C.F.R . 85.36(1)(13) Compliance with mandatory energy efficiency standards and policies in State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163). Sea also 24 C.F.R. Part 39 . There is no equivalent provision in 0MB Circular A-110. Lead-eased Paint 24 C.F.R. S 570.608 Prohibits use of lead-baaed paint in residential structures. Requires notification of occupants. Provides for . inspection, tasting and abat ... nt in specified circumstances. Albfstos EPA/OSHA Where asbestos is present in property undergoing rehabilitation, Federal raquir ... nta apply reg&rdinCJ worker exposure, ab&t ... nt procedures and disposal. Sea llotice CPD-90-44 for further details. Title VI of the Civil Rights Act of 1964 24 C.F.R. S 570.60l(a) Compliance with P.L . 88-352. Applies to all projects. Prohibits discriaination on grounds of race, color or national origin. Covers both the delivery of, and the participation in, all CDBG projects. Sea also 24 C.F.R • Part 1. Fair Housing 24 C.F.R . S 570.60l(b) Compliance with The Fair Housing Act. Prohibits discrimination on the basis of race, color, religion, sex, national origin, handicap or familial status in all activitidS inyolving the ••leA ~,,et•l Or financing Of housing. Publ 1c 1aw90-284 ind E.u. l ~J , ...... ·- ... I· • 0 , - - • • 0 - Discrimination Prohibition 24 c.r.R. s 570 .602 Under provision of section 109 of the HCQ Act of 1974, as amended, discrimination is prohibited on the basis of race, color, religion, national origin or sex. Also refers to discrimination on the basis of handicap and age. Discrimination on the IAiis of Handicip 24 C.F.R. Part 8 Compliance with Sec. 504 requir ... nts. Covers prohibited. discrimination in employment, benefits and progr .... Establish•• requirements for applying Uniform Federal Accessibility Standard• (UFAS) (see 24 c.r.R. Part 40 for UFAS) to contracts. Note that UFAS and ·ANSI Standards· differ in important reapecta. Age Discrimination 24 c.r.R. Part 146 Covers prohibited discrimination by recipients and subrecipients in all aspects of assisted programs. Discrimination in Employmant 24 C.F.R. S 570.607(a) For construction contracts over $10,000, prohibits discrimination in .. ployaent by ll&king Egacytiy• Ordar 1124§ and related provisions applicable. E11Ql9YJ1Wnt. Training and Contrastins 0ppgrt;unltle1 24 c.r~R. s s10.&07(b) Under proviaiona of S.Ction l of tbf IPP•ipq to4 tJrbap Qayaloawnt act of 19§8, require• opportunitiH for training and -ployaent of lower-income persona and opportaniti•• for contracting vith local fizaa. Applies to all contracts. Minority Business Entarpri•• 24 c.r.R. s 85.36(•> Covers required actions by recipient and contractors to secure participation of fiz:aa owned and controlled by minorities, women and residents of labor aurplua areas. Where 0KB Circular A-110 applies, ... Attachllent O, Par. l . c . ( 3 ) • Compiled by: Office of Conununity Planning and Development Region VIII (Denver) June 1991 , . , •. I . • 0 - • COLtJIIN A .... Lillo ........... Mll¥illoo A.,...., .. I . Lill"' fliarilJ ~ ... .. ............ ill I i • ... ......i •. .... Mll¥illoo • Lill "' fliarilJ (~ .... ..,., ea. ea. ...... ..- c--...... Mliwilioo ....... 1111 • 1 Iii +MIMIIN 10TAL • • • EXHIBITB PROJECT BUDGET COLUIDI B COLUIIN C ...... ,.... C.elLilll _.,Cllaa .... ._•AIIMIJ~C ....- .... C....D) ,,,. ,,,. ,,,. ,,,. II.ODO 2,GDD 1.000 1.000 10.000 7.000 2'.000 10,GDD 2',GDD 10.000 ....... ..,,,_,,0.1• COLUIDI D a...._..c......o, ......... , ,,,. ,,, . 16.000 0 J,GDD 1',GDD 1',GDD I. • 0 - • • • • ,- • • AGf AJ!JA /Tri/ /l@..Y iv) ORDINANCE NO. _ SERIES OF 1996 BY AUTHORITY A BILL FOR COUNCIL BILL NO . 26 INTRODUCED BY COUNCIL MEMBER _____ ~ AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF INTERGOVERNMENTAL SUBGRANTEE AGREEMENTS FOR THE 1996 ARAPAHOE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CONTINUING RESOLUTION FUNDING BETWEEN THE ARAPAHOE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF ENGLEWOOD . WHEREAS, the City Council approved the execution of an Intergovernmental Agreement between the City of Englewood and Arapahoe County by passage of Ordinance No. 39, Series of 1994; and WHEREAS, the Agreement related to the conduct of the Community Development Block Grant Programs for Federal Fiscal Years 1995 through 1997; and WHEREAS, the project by the City of Englewood known as the "Housing Rehabilitation Project" has been categorized as a rehabilitation activity and the City of Englewood will maintain documentation with the National Objective of Housing Benefit activities; and WHEREAS, the project by the City of Englewood known as the Broadway Corridor Improvements Project has been categorized as a special activity for community-baaed development organizations activity; and WHEREAS, the project by the City of Englewood known as the "Englewood Family Self Sufficiency Program• has been categorized as a public service activity; and WHEREAS, the City of Englewood may proceed to incur coats for theae projects as of June 1, 1996 unleea IUCh acceptance ia made contingent under Section 11-F., Labor Standards, or Section 11-G., Environmental Reviews, as contained in the Subcrantee A,reement, and 1Ubject to the City of Englewood receiving an official "Notice to Proceed" from Arapahoe · County; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sec;tigp 1. The Subgrant.ee Agreements for the 1996 Arapahoe County Community Development Block Grant Program Continuing Resolution Funding are hereby accepted and approved by the En,lewood City Council and the Mayor ia authorized to execute and the City Clerk to attest and seal the Agreement for and on behalf of the City of Enclewood. Ses;tigp 2. The Subgrantee Agreements for the 1996 Arapahoe County Community Development Block Grant Program Continuing Resolution Funding are attached hereto as Exhibit A. ' ' ' I • • 0 , I - - • ,. • t• • Section 3. The City Manager shall be authorized to further extend the Subgrantee Agreements For The 1996 Arapahoe County Community Development Block Grant Program Continuing Resolution Funding as needed. Introduced, read in full, and pused on tint reading on the 6th day of May, 1996. Publiahecl u a Bill for an Ordinance on the 9th day of May, 1996. 'nlomu J. Burna, Mayor ATTEST: Louc:riahia A. Ellia, City Clerk I, Louc:riahia A. Ellia, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing ia a true copy of a Bill for an Ordinance, introduced, read in full, and paued on flnt reading on the 6th day of May, 1996. Louc:riahia A. EUia -2- . ' •. • • 0 - - • • 1• • •, SUBGRANTEE AGREEMENT FOR THE 1996 ARAPAHOE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CONTINUING RF.SOLUl'ION FUNDING ,. - Thi• Agreement is aade and executed this day of , 1996 by and between the Board of county "'c'""o----,.£-.-.... i-o_n_e_r_s_o""'f,....,th,..._e-C""ounty of Arapahoe, State of Colorado, for the Coaaunity Development Block Grant Proqraa in the Coaaunity Servicu Department (hereinafter referred to as the County) and 'l'JIS Ciff OI' mtGLffOOD, a aunicipality in Arapahoe County (hereinafter referred to as the SubGrant••> for the conduct of a co .. unity Developaent Block Grant (CDIIG) Project for Proqr-Year 1996. I.~• The priaary objective of Title I of the Housing and co .. unity Development Act of 1974, as aaended, and of th• Coaaunity Development Block Grant (CDIIG) Proqr .. under this Title i• the development of viable urban communities, by providing decent houaing and a suitable living environment and expanding economic opportunities, principally for low and aoderate income persona. Th• project by Ra Ciff 01' DGLftOOD known as th• IIOO•IN amBILID'l'IOII fto.JaC'l' (Project) ha• been categorized aa a amBILID'l'IOII AC'l'Inff, and the SubGrant•• will aaintain docuaentation with the lla'l'IOllaL oa.JaC'l'IVS of •oo•ZJtG aaal'I'l' activiti••· The SubGrant•• aay proceed to incur coat• for the project aa of June 1, 1996 unl••• aade contingent under section II-F., Labor Standards, or Section II-G ., Environmental Reviews, below, and/or subject to the SubGrant•• receiving an official 'Notice to Proceed' froa th• county. Th• following proviaion• outline the scope of the work to be coapleted: Project will improve City'• exiatincJ bouaincJ •tock by providincJ low intere•t loan• and grant• to lov-incoae boaeovner• for tb• purpo•• of aingle family housing rehabilitation. a. •ayaent It i• expressly agreed and understood that the total amount to be paid by the Grant•• under thi• contract shall not exceed $78,595. Drawdown• for th• payment of eligible expena•• ehall be aade against the line it-budgets •pacified in attached Exhibit B herein and accordance with performance. Bxpen••• for general administration •hall also be paid again•t th• line it-budgets •p•cified in Exhibit Band in accordance with Derforaance. 1 • • 0 ' - - • ,, - 0 (~ • a. 'l'iaelin• The project will be completed by June 1, 1997 unless this Agreement is modified by mutual agreeaent. c. Perforaance criteria Project funding will accomplish the following: Provide loans and grants to Englewood boaeovners for housing rehabilitation. D. ••porting aequireae11ts 1. Each SubGrantee Drawdovn Request will include progress reports for the period for vbich pa)'11ent is being requested. 2. Quarterly project reports will be due within 30 days following the end of each quarter (March 31, June 30, September 30, December 31) until the Project is completed. 3. Final Report is due 45 days after completion of the Project. 4. Annual and Audit Reports -The official Annual Report and Annual Audit for the SubGrantee in which both revenues and expenditures for the CDBG Financial Projects described herein are detailed. Due annually, not later than June 30 of each year. •. Labor ataaclarcla (Davia-Bacon) It is deterained that: Project does not involve activities which require coapliance with federal labor standards. Site-specific environaental reviews must be performed prior to issuing a contractor notice to proceed for each home rehabilitated. III. aDPOll8181LI'l'IU 01' fta 8UBaall'l'D a. l'ecleral coapli-ae The SubGrante• shall take all actions that are appropriate and required of it to comply with the applicable provisions of the grant agreeaents received from the u.s. Department of Bouaing and Urban Development (HUD) by the County. Th••• include but are not limited to compliance with the provision• of the Housing and Couunity Develop-nt Act of 1974 (ACT) and all Rules and Regulations, guidelines and circulars promulgated by the various 2 ' • . .. I . • 0 , - - • • 0 , . • federal departments, agencies, administrations and commissions relating to the CDBG Program. More specifically, the SubGrantee and the County shall each take all required actions to comply with the provisions of 24 CFR Part 570, Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, Section 104 (b) and 109 of the Housing and Co11111unity Development Act of 1974, 24 CFR Part 85, Subpart IC of HUD'• Unifora Adainiatrative Requireaent for Grants and Cooperative Agreeaenta, the regulations applying to minority busin••• enterprise, 24 CPR 570.904, the lead baaed paint regulations 24 CFR 570.608 and 24 CPR 35, and with 0MB Circular A-87, coat Principles for State and Local Governaenta. Attached hereto as Exhibit A and incorporated herein by this reference is a summary of provisions associated with the Couunity Development Block Grant Program which shall be followed by th• SubGrante• unl••• it is deterained to be inapplicable. Additionally, in accordance with 24 CFR Part 570, no eaployee, official, agent or consultant of the SubGrantee shall exercise any function or responsibility in which a conflict of interest, real or apparent, would arise. The Subgrantee cannot engage in a federally funded contract with any entity registered in the Lista of Parties Excluded From Federal Procur ... nt or Nonprocur .. ent Progr.... Thi• publication is available in Arapahoe County through the Housing and Community Development Services Division. a. auperviaion and adainistrati•e control As to any projects conducted during Proqraa Year 1996, the SubGrantee agrees, in accordance with Section III, paragraph A above that the County shall have ultimate supervisory and administrative responsibility, but the SubGrantee shall be responsible for the expenditure of the funds allocated for its projects or activities and for the construction or performance of it• projects or activities in compliance with all applicable Federal laws and requir .. enta relating to the CDBG Proqraa. c. IIOn-appropriatiou Clauae The SubGrantee agrees that it will include in every contract it enters, which relies upon CDBG monies for funding, a non- appropriation clause that will protect itself and the County fro• any liability or responsibility or any suit which might result from the discontinuance of CDBG funding for any reason. Because this Subgrantae Agreaaent involves funds fro• a federal grant, the funding provisions of this Subgrantae AcJr...ant, the federal grant and the federal statutes control rather than the provisions of Section 24-91-103 .6, C.R.S. with regard to any public work projects. D. bpuditure aaatrictio11a All CDBG fund• that are approved by HUD for expenditure under the County'• grant agraaaant, including those that are identified for the SubGrantae'• projects and activities, shall be allocated to the specific projects and activities described and listed in the grant 3 - , I . • 0 '32xl - - • • "' - 0 l~ . • ' <. agreements. Th• allocated funds shall be used and expended only for the projects and activities for which the funds are identified. •· &9re-ut CluuacJe• No projects or activities, nor the aaount allocated therefor, aay be changed without concurrence by the County and acceptance of the revised Final Stat ... nt and/or Consolidated Plan by HUD, if required. Changes aust be requested in writing and aay not begin until a aodification to this Aqre .. ent is fully executed. r. Direct ~ojeots 8\lperYisioa aa4 &daiDi•tratioa The SubGrant•• shall be responsible for the direct supervi•ion and adainistration of its respective projects or activiti••· This task shall be accomplished through the use of the SubGrant••'• •taff, agency and -ploy•••. The SubGrantee •hall be re•pon•ible for any injury to persons or d ... g• to property resulting fro• the negligent acts or errors and oai•sions of its staff, agents and -ploy•••· Subgrantee, within its legal ability to do so under the Constitution of the State of Colorado and its hoae-rul• charter (if Contractor is a hoae-rul• aunicipality) and without in any way or aanner intending to waive or waiving the defenses or limitations on damages provided for under and pursuant to the Colorado Governmental I .. unity Act (Sec. 24-10-101, et seq. C.R.S.), the Colorado Constitution, its ho .. -rule charter or under the common law or the laws of the Uni tad States or the State of Colorado, shall indemnify and save haral••• the County against any and all daaages which are recovered under the Colorado Governaental I-unity Act and reduced to final judg ... nt in a court of competent jurisdiction by reason of any negligent act or omission by Subgrantee, its agents, officers, or eaploy .. s, in connection with the performance of this contract. ca. Iadeanity Because the SubGrantee is responsible for the direct supervision and administration of its projects or activities, the County shall not be liable or responsible for cost overruns by the SubGrant .. on any projects or activities. Th• County shall have no duty or obligation to provide any additional funding to the SUbGrantee if its projects or activities cannot be coaplet,ild vith the funds allocated by the County to the SubGrant... Any cost overruns shall be the sole responsibility of the SubGrant••· 1. Th• SubGrant•• agrees that all funds allocated to it for an approved projects or activities shall be used solely for the purposes approved by the County. Said funds shall not be used for any non-approved purposes. 2. Th• SubGrant•• agrees that the funds allocated for any approved projects or activities shall be sufficient to coaplete said projects or activities without any additional CDBG funding. 4 ..... • . I· • 0 I -• • • '· • •· I118Uraaae If the SubCrante•'• project• involve• construction activiti••, any Contractor it u••• for aaid activiti•• •ball be required to provide and aaintain, until final acceptance by the SubCrant•• of all work by •uch contractor, the kind• and ainiaua aaounta of insurance•• follow•: 1. Coaprehensiv• General Liability: In th• aaount of not l••• than $600,000 combined aingl• liait. Coverage to include: a. b. c. d. e. f. 9· b. i. Pr .. i .. • Operation• Producta/Coapleted Operations Broad Fora contractual Liability Independent Contractor• Broad Fora Property Daaage Ellploy .. a a• Additional Inaured Peraonal Injury Arapahoe County and th• SubCrant .. a• Additional Naaed Insured Waiver of Subrogation 2. Coapreh•n•ive Autoaobile Liability: In the aaount of not l••• than $600,000 coabined •ingl• liait for bodily injury and property daaage. Coverage to include: a. Arapahoe county and the SubCrant•• a• additional Naaed In•ured b . Waiver of Subrogation 3 . Employer• Liability and Worker• coapenaation: Tb• Contractor aball aecure and aaintain employer'• liabilU:y and Worker'• Coapenaation Insurance that will protect it againat any and all claiaa reaulting fraa injuri .. to and death of worker• engaged in work under any contract funded pur•uant to this agr...ant. coverage to include: a. Waiver of Subrogation 4. Additional Naaed Insured: All referenced insurance polici•• and/or certificatu of insurance •ball be aubject to the following atipulations: a. b. Underwriter• aball have no rigbta of recovery aubrogation against Arapahoe County or the SubCrantu; it being the intent of the parti•• that the insurance polici•• •o effected aball protect the parti•• and be priaary coverage for any and all lo•••• covered by th• de•cribed insurance. Tb• clau•• entitled •other Insurance Provi•ions• contained in any policy including Arapahoe County •• an additional naaed insured aball not apply to Arapahoe county or the aubGrant ... 5 ...... ,. - • . .. I . • 0 , - ']-- • • • 0 • c. The insurance companies issuing the policy or policies shall have no recourse against Arapahoe County or the SubGrant•• for payment of any premium• due or for any ••••• .. •nta under any fora of any policy. d. Any and all deductible• contained in any inaurance policy shall ba asswaad by and at th• aola risk of the Contractor. 5. certificate of Inauranca: The Contractor shall not co ... nca work under any contract funded purauant to thia agr•-•nt until ha has subllitted to the SubGrantH, received approval thereof, certificate• of inaurance ahoving that ha ha• coapliad vi th tba foregoing inaurance requir-•nt•. Tba SubGrantaa ahall alao sutai t a copy of the Contractor'• certificate• of inauranca to tbe County. 6. Notvi thatanding the provisiona contained in this paragraph (H) sat forth harainabova, tba county reserves the right to modify or waive said provisiona for projects or activiti•• for which th••• provisiona would prove prohibitive. The SubGrantaa understands, however, that the decision to waive or aodify tho•• provisiona is fully within the diacration of the County. I. aacorcls The SubGrant•• shall maintain a complete sat of books and records docuaenting it• use of CDBG funds and its supervision and administration of the projects. Tb• SubGrant•• shall provide full ace••• to th••• books and records to the county, the Secretary of RUD or his design .. , the Office of Inapector General, and the General Accounting Office so that coaplianca with Federal laws and regulations aay be confiraed. Tb• SubGrant•• further agr .. • to provide to the County upon requ .. t, a copy of any audit reports pertaining to the SubGrantH'• financial operation• during the tara of this agreement. J. aeporting The SubGrant•• shall file all reports and ether information necessary to coaply with applicable Federal laws and regulations as required by the County and RUD. This shall include providing to the county the information necessary to complete th• Grant•• Parforaanc• Report• in a timely fashion. K. 'l'iaelinesa The SubGrant•• has submitted to th• County, along with it• proposal, a description of the work to ba performed, a budget, and a timetable delineating the length of ti•• needed for each project phase, if applicable, through the coapletion of the projects. Tb• SubGrantea shall comply with tiutable for coapletion of the projects. The SubGrantee understand• that failure to coaply with 6 I . • 0 I - - • • ,, - 0 I • . • ' the tiaetable may lead to a cancellation of the project• and a lo•• of all unexpended fund•, unle•• the county deterainea that there are extenuating circumatancea beyond the SubGrantee'• control and that the project• will proceed within a reaaonable length of ti ... The timetable'• implementation ahall begin when the County provide• written notification to the SubGrantee to proceed. L. aeiaburaeaeat for a.pea.ea The SubGrantee agr .. • that before the County can diatribute any CDBG fund• to it, the SubGrantee auat aubait to the County'• B0uai119 and co .. unity Developaent Service• Diviaion docuaentation in the fora required by that Diviaion which properly and fully identif ie• the -ount which the SubGrantee ia requeating at that ti.lie. The county ahall bave ten (10) working day• to review the requeat. Upon approval of the requeat, the County will diatribute the requeated fund• to the SubGrantee or directly to the appropriate aubcontractor or vendor aa aoon aa poaaible. •· •rOCJr-Iac:oae All progrua income derived fro• the Arapahoe County Coaaunity Development Block Grant Prograa received by the SubGrantee will be retained by the SubGrantee and will be diaperaed for it• approved CDBG project activitiea before additional CDBG fund• are requeated fro• the County. Followi119 coapletion of the SubGrantee'• Arapahoe County CDBG Project•, all prograa incoae directly generated fro• the uae of CDBG fund• will be r .. itted to the County. •· &aaet Maaa9eaeDt Any ainqle parcel of real property under the SubGrantee'• control that waa acquired or improved in vbole or in part with CDBG funda in exce•• of $25,000 will either: 1. Be uaed for an eligible CDBG activity, aa deterained by the County, tor a ainiaua of five ( 5) year• following coapletion of the SubGrantee'• project•; QB 2. Be diapoaed of in a aanner that reault• in the County'• being reiaburaed in the aaount of the current fair aarket value of the property le•• any portion of the value attributable to expenditure• of non-CDBG tunda for acquiaition of, or illproveaenta to, the property. Reillbura ... nt ia not required after five (5) year• following coapletion of the SubGrantee'• projecta. o. atate aacl cowaty Law COllplluoe All reaponaibilitie• of the SubGrantee enumerated berein ·ehall be aubject to applicable State atatutea and County ordinance•, reaolutiona, rule•, and regulationa. 7 • . I . • 0 ' - • • • , . • The SubGrant•• agrees that no CDBG funds will be legally obligated to any project activity before the County has coapleted the environmental review procedures, as required by 24 CFR Part 58. g. aucoatracta If aubcontracts are used on the projects, th• SubGrant•• agrees that the provisions of this agre .. ent ahall apply to any aubcontract. a. auapeasioa or Teraiaatioa Thi• agre .. ent aay be suspended or terminated by the county if the SubGrantee materially fail• to comply with any term of this agra .. ent. Thi• agre ... nt aay also be terminated for convenience by autual agreeaent of the county and the SubGrant-. •· In the event that the Unit of General Local Governaerf · ahould withdraw from th• county'• •urban county• designatior,, this agreeaent shall terminate aa of the termination date of the County'• CDBG grant agra .. ent with HUD. T. Th• SubGrantee certifies that to the best of it• knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or att .. pting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an .. ploy•• of a Meaber of congr••• in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, th• entering into of any cooperative agr••••nt, and the extenaion, continuation, renewal, aaendJlent, or aodification of any Federal contract, grant, loan, or cooperative agre .. ent; and, 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or att .. pting to influence an officer or .. ploy•• of any agency, a Member of Congress, an officer or .. ployee of congr•••, or an .. ploy•• of a Member of Congr••• in connection with thia Federal contract, grant, loan, or cooperative agre ... nt, it will coapl•t• and submit Standard Fora-LLL, •oiscloaure Fora to Report Lobbying,• in accordance with it• instructions. u. Di-llovanc• If it i• determined by HUD or other federal agency that the expenditure, in whole or in part, for the SubGrante•'• project• or activity was improper, inappropriate or ineligible for reiaburaement, then the SubGrantee ahall reimburse the County to the full extent of the diaallowance. 8 ..... ,. - • . , I . • 0 1 32xl - - • • C. • C &. Lepl Liulliq ud a ...... ibiliq Tb• Parti•• recavniae and underatand tbat th• county will be the 9overnaental entity required to execute all vrant agreeaanta received froa RUD pursuant to the c:ounty•a requ-ta for CDIIG funda and tbat it will thereby becaaa and will be beld by BUD to be legally liable and reaponaible for th• ovarall adainiatration and perforaance of the CD9G procJrau, includinlJ the projecta or activitiH to be conducted by th• SlabGrantee. AccordintJly, the SubGrant•• agr.-tbat u to ita projecta or activitiu perforaed or conducted under any CDIIG agr....nt, the County aball bave the necuaary adainiatrativa control required to ... t BUD requireaenta. a. •ertonaaae u4 caapU.aaae 11nU:orill9 Tb• County'• auperviaory and adainiatrativ• obli9ationa to the SubGrant-purauant to paragraph A above aball be lillited to the performance of the adainiatrativ• taau neceaaary to aake CDBG funda available to the SubGrant-and to provide a Jlonitoring Specialiat who•• job it will be to aonitor the varioua projecta funded with CDBG aoni•• to en•ur• that they coaply with applicable Federal lava and regulationa. C. aeportiaq to IIUD Tb• County will be ruponaibl• for confining the coapliance of the SubGrante•'• projecta with applicable Federal lava and rec)Ulationa. Tb• County will further be raponaible for -•1119 tbat all neceaaary report• and information, includincJ th• Gran~ Perforaance Reporta, are filed with BUD and other applicable Federal agenci•• in a tiaely faabion. ' ', .. • I . . 0 -• ~- r • t• .,., • In Witn••• Whereof, th• Parti•• have cauaed thi• agre .. ent to be duly executed tbi• __ _ Witnua: Atteat: Clerk to th• Board Donetta Davidson day of-----------' 1996. . ....... . sw,grant•• : __ c_.,it;1r,Vx....:Aw.f._lD911111111,l,1,1rmsadUlliaa---,· ... · .... · ·....,>:.:,:,:,:,: .·.,·.·.·.·.· . . . .... . ·.?·.·.·.·.· ........ By: _________________ ·;..:·;..:·;..:·:·:·:·:·:· . . . . . . . . . . Title: ____ _._ ____________ _ Board of County co.aiaaioner• Arapahoe County, Colorado Polly Pa9e, ctaairaan 10 • . ' .. I. • 0 I ~!) I ....... ...... • • ~ . -' '· EXHlBlT A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CONTRACT CLAUSES scgpa gf wgrk 24 C.F.R. S 570.50l(b)(l) Should be clear, quantified, with perfocnance criteria built in. Perfocnance to include accoaplishllent of the product, method of accoapliahaent, tiain9, ailestones and perso~l asai9ned. There ahould be a very specific bud9et, or9anized by task aa well as line it ... cgntract Administratign 24 C.P.R. S 85.l&(b)(ll) Procedures regarding all contractual and adminiatrative issues. This must include procedures for chan9ing the scope, specifications, bud9et, or other provisions. Where 0MB Circular A-110 applies, see Attachment O, Par. 3.c.(9). Qnifg;,n Adrninistratign 24 C.F.R. S 570.502 Compliance with the requirement• of 24 C.P.R. Part 85, sometimes referred to as the ·COIIIIOn Rule.• Applicable to 9rantees and aubrecipient• that are 90V9rnaental entities. Subrecipients that are not 9overnaental entities 1111st comply with specified Attachments to 0MB Circular A-110. coat Principles 24 C.P.R. S 570.502 Compliance with the provisions of OIIB Circular A-87 or A-122, as applicable. conflict of Interest 24 C.P.R. S 570.611 No employee, officer or a99nt of the sub9rant .. shall participate in selection, or in the award or administration of a contract if a conflict of interest, real or apparent, would be involved. See also 24 C.P.R. S 85.J&(b)(l) or 0MB Circular A-110, Attachment O, Par. J.a., as applicable. Btcgrdkeepinq 24 C.P.R. S 570.50l(b)(2) Describe records that must be aaintained, including eligibility, national objectives, financial, equal opportunity, etc. See also 24 c.r.R. S 570.506. • ,- < I . • 0 I ....... • • 0 " . • ' Reporting Requirements 24 C.F.R. S 570.503(b)(2) Describe all reporting requir ... nts necessary to verify accomplishment toward meeting the project acope and to demonstrate compliance with other requirements. See also 24 C.F.R. s 85.36(i)(7) or OIIB Circular A-110, Attachment H, as applicable, Pat•nt• 104 copyrights 24 c.r.R. s &5.36(il(Bl , (9) Include any applicable provisions regarding rights to patented inventions and copyrighted aaterial reaulting from the CDBG contract. Where OIIB circular A-110 applies,••• Attachment O, Par. 4.h. Access to Records 24 c.r.R. s 85,36(1)(10) Access by city/county, Caaptroller General, Secretary of HUD and their representative•, to any records relating to the project. Where 0KB Circular A-110 applies, aee Attachment O, Par. 4.i. Retention of Records 24 C.F.R, S 85.36(1)(11) All records relating to the project auat be retained three years after project audit/clo•• out. Where 0KB Circular A-110 applies, aee Attacbaent c. Program Income 24 C.F.R. S 570.503(b(3) Description of all guidance on the diapoaition and uae of program income. s .. alao 24 C.F.R. SS 570.SOO(a) and 570.504 Reversion of Assets 24 C.F.R. S 570.503(b)(8) Provisions regarding the return of axe••• funds and requirements regarding the poat-closeout uae of real property acquired or improved with CDBG funds. Bre1cb of contr1ct 24 C.F,R. S 85.36(1)(1) Administrative, contractual and legal remedies in instances of breach of contract, including aanctiona and penalties. Where 0MB Circular A-110 applies, ••• Attachment O, Par. 4.a. Termination 24. c.r.R. s 85.36(1)(2) For all contracts in excess of $10,000, description of how and under what circumstances a contract may be terminated for caus~ and for convenience, including the basis for settlement. Where 0MB Circular A-110 applies, aee Attachment 0, Par. 4.b. ' ;~ ' • . ' I . • 0 ' - • • 0 • 24 C.F.R. S 570.502 Compliance with 0MB Circular A-128 (State and local governments) or A-133 (Nonprofits and higher education institutions). See also 24 C.F.R. Part 44 and 24 C.F.R, S 85.26. J&bbyi_na 24 C.F.R. Part 87 No CDBG funds may be expended for lobbying purposes and payments from other sources for lobbying must be disclosed. Religious organizations 24 C.F.R. S 570.503(b)(6) Limitations and conditions on th• use of CDBG funds by religious organizations. See also 24 C.F,R. S 570,200(j). Rt1idant Aliens 24 C,F,R. S 570,613 Newly legalized resident aliens are not eligible to apply for CDBG funded direct benefits such aa services, jobs and housing rehabilitation. uniform Relocation Assistance and Real Property Acquisition Policies Act ,unifo,rm Act) 24 C,F,R. S 570,606 Requirements for real property acquisition procedures and benefits and ••rvicea that anyone displaced auat receive. Bonding and Insurance 24 C,F,R, S 85,36(h) Include with construction contract. with eatiaated coat of $100,00 or more. Require• bid paranteea (51 of tba bid), performance bond ( 1001 of the contract price) and payment bond ( 1001 of the contract price). llbere ONB Ci.J:cular A-110 applies, see Attachment 8 and Attachllent O, Par. 4,c. Labor standards 24 C.P.R. I 570.603 In all construction contracts over $2,000 (except for housing rehabilitation of properties containing leas than 8 . dwelling unit•), Davia-Bacon Act and related labor standards requirements apply. U•• current wage rat•• applicable to the project and HUD-4010 which includes all required references. See also 24 C,P,R, S 85.36(1)(4), (5) and (6) or OMS Circular A-110 Attachaent O, Para. 4.e., f., and g., as applicable. Debarred contractors 24 C,F,R. S 570.609 Prohibit~ use of debarred, suspended or ineligible contractors or aubrecipienta in any contract. •. ... I . • 0 1 J2xl - - • • • t• • '· Environmental 24 c.r.R. s 85.36(i)(l2) For all contracts and subcontracts over s100;000, include compliance with standards, orders and requir ... nts issued under Section 306 of the Clean Air Act, Section 508 of the Clean Water Act, Executive Order 11738 and environmental Protection Agency regulations at 40 C.F.R. Part 15. Where 0MB Circular A-110 applies, see Attachllent O, Par. 4.j. flood Insurance 24 C.F.R. S 570.605 For acquisition rehabilitation, or construction in speci:al flood hazard areas (as deteaained by FEMA), property aust have flood insurance. Energy Effici•ncy 24 C.F.R. 85.36(1)(13) Compliance with mandatory ener9Y efficiency standards and policies in State ener9Y conservation plan issued in compliance with the Ener9Y Policy and Conservation Act (Pub. L. 94-163). s .. also 24 C.F.R. Part 39. There is DO equivalent provision in 0MB Circular A-110. Lead-Based Paint ·24 C.F.R. S 570.608 Prohibits use of lead-baaed paint in residential structures. Requires notification of occupants. Provides for . inspection, testing and abat ... nt in specified circumstances. · Afbestos EPA/OSHA Where ubeatos is present in property undergoing rehabilitation, Federal requJ.r...nts apply re«Jazding worker exposure, abateaent procedures and disposal. s.. llotice CPD-90-44 for further details. Title YI of the civil Bights Act of 19§4 24 C.F.R. S 570.601(a) Compliance with P.L. 88-352. Applies to all projects. Prohibits discrimination on grounds of race, color or national origin. Covers both the delivery of, and the participation in, all CDBG projects. See also 24 C.F.R. Part l. fair Housing 24 C.F.R. S 570.60l(b) Compliance with The Fair Housing Act. Prohibits discrimination on the basis of race, color, religion, sex, national origin, handicap or familial status in all activiti'S involving the S•leA ~•ettl Or financing Of housing. Pub 1 I c 1aw90-284 and E.u. 11 ti ,._ • . I . • 0 , -• • t• • (. Discrimination Prohibition 24 C.F.R, S 570.602 Under provision of Section 109 of the HCP Act of 1974, as amended, discrimination is prohibited on the basis of race, color, religion, national origin or sex. Also refers to discrimination on the basis of handicap and age. Discrimination on the Buis of Handic;p 24 c.r.a. Part a Compliance with Sec. 504 requir-nts. Covers prohibited. discrimination in .. ployment, benefits and progr .... Establishes requir ... nts for applying Unifo:cm Federal Accessibility Standards (UFAS) (SH 24 c.P.R. Part 40 for UFAS) to contracts. Note that UFAS and ·ANSI Standards• differ in important respects. AA9 Pi•crimination 24 c.r.a. Part 146 Covers prohibited discriaination by recipients and subrecipients in all aspects of assisted prograas. Qiacrimination in Employmant 24 C.F.R, S 570.607(a) For construction contracts over $10,000, prohibits discrimination in .. ployment by ll&king Jxac;utiye Qrd•r 11246 and related provisions applicable. 1P1PlPY111nt, Training and Cootraetina PRPPrtunitia1 24 C.F~R. S 570.607(b) Under provisions of §action l pf tbt Hgyainq and Urban PwulPPNot act pf 19§8, requires opportunJ.ties for traiaing and employment of lower-incaae persons and opportunities for contracting vith local fl.au. Applies to all contracts. Minority eusin111 lot•rpri•• 24 c.r.a. s 85.J&(e) Covers required actions by recipient and contractors to secure participation of fiZIU owned and controlled by minorities, women and residents of labor surplus araas. Where 0MB Circular A-110 applies, SH Attachllent O, Par. 3 . C • ( 3) . Compiled by: Office of Co111munity Planning and Development Region VIII (Denver) June 1991 . ' .. I . • 0 - COLONNA ..... Lillo ....... l'Njlll Mli¥llloa A. ........ Ir • Lill..,......,__.,, ... Ill-> .... ..... •. .... Mli¥illlo. Lill..,. ,_., c.,..;,, ... .......... ) ..... , .. lill , ................. ......... .,._ Alllvllloo ..... + Mlillllll 10TAL • • • .. EXBIBITB PROJECI' BtJDGET COLtJIIN II COLUIIN C ..._.,._ C:..flU.. ~flCDeO .... ._ • MllwilJ (ICaaa C ..... ... C--D) .,. .,. Illa Illa 4,0IID ·-14,0IID 14,0IID ... ... .,..,,, .,..,,, .,..,,, .,..,,, 13 . ' • . COLUIIN D a.. .... c..i.. (JI --- .. .,. Illa 0 0 0 0 • I. • 0 ·t:· .. , r, , I -• • • (. &DDDDUII IIUDD GIia 'fO '1'Jm CCliiiUMlft D~ aLOCK 8llall'l' aovaIN armn.nn'lCII aenn•n Tbia ADDENDOII IIUIIBD on aodifiu the Arapahoe county Coaunity Developaent Block Grant Aqr....nt (•Ac)r....nt•) by and between Arapahoe county (•county•) and the C%ff or aNlomlOOD (•subgrant .. •), dated __ ...... ~~~~~~~~~~~~,1996. IIIID.DS, the Ac)reeaent (in Section III.&), requiru that if any Subgrantee project involvea conatruction activitiu, then the contractor -lected by the Subgrant .. mast provide and aaintain inaurance in the aaounta -t forth therein; and IIIIDUS, purauant to Section lII. B.6, the Subgrantee deairu that the County waive a portion of the insurance requireaenta of Section III.& of AC)reeaent; and IIIIEREAS, the County agr .. • to the waiver aa noted herein. NOW, THEREFORE, IT IS AGREED by the County and the SubgrantN a• follow•: 1. The SubgrantN shall require its Hlected contractor to provide and aaintain 9eneral lial:lility and property insurance in an aaount not lu• than $100,000 by the contractor and to provide and aaintain autoaobile lial:lili ty insurance and vorkaen' • caapeneation insurance required by Colorado law. Proof of aucb inaurance aball be provided to the Subgrantee. 2. 1'be 8ub9rantee and the county reaffira the proviaiona of Section III. P. , concerninlJ adainiatration and indanification concerni119 perfor.ance of the A4r....nt. J. All other proviaiona of tbe A,Jr....nt not inconaiatent with this Addendua IIUllber one are reaffiraed. 11 i. • I • • J~ . ' I .. I . . 0 , • ,, -. • • . . n Witn••• Whereof, the Parti•• have caused thi• AddendUJI to be duly Witneaa: Atteat: Clerk to th• Board Donetta Davidson day of-----------' 1996. . ·.·~·-··. . . . ... .·.·f~·-·.·.· . By: _____________ .,.\...;.:\.::::< Titl•=-------------· _. _ ..... · · Board of county coaaiaaionar• Arapahoe county, Colorado Polly PacJ•, Chairman 12 .. ---... ... -' • . I. • 0 - - • • 0 I• • SUBGRANTEE AGREEMENT FOR THE 1996 ARAPAHOE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM .,, - This Agre-ent is aade and executed this day of , 1996 by and between the Board of County ~c~o-.. -..1-.-.~io_n_e_r_s __ o_f---th--.--c.-ounty of Arapahoe, Stat• of Colorado, for the co .. unity Developaent Block Grant Prograa in the coaaunity servicu Departaent (hereinafter referred to as the county) and nm Cift cw IIIIGI.DOOD, a aunicipality in Arapahoe County (hereinafter referred to as the SubGrantee) for the conduct of a co .. unity Developaent Block Grant (CDBG) Project for Prograa Year 1996. I.~- The primary objective of Title I of the Housing and Coaaunity Developaent Act of 1974, as aaended, and of th• Coaaunity Developaent Block Grant (CDBG) Program under this Title is the developaent of viable urban communities, by providing decent housing and a suitable living environment and expanding econoaic opportunities, principally for low and moderate income persons. The project by nm Cift 01' DGLftOOD known as the ~T COIUUDOa maovDUDl'f• nm (Project) has been categorized as a •••crn &c'l'IVIft l'O& COIIIIU•In IIUBD Dffn.OJtllD'l' GaCDIIID'l'IOlla &c'l'IVIft, and the SubGrant•• will aaintain docuaentation with the lla'l'IOJlaL OBJSC'l'IVJI of •oo•Iaa •~I'l' activities. The SubGrant•• aay proceed to incur costs for th• project as of June 1, 1996 unless aade contingent under Section II-r., Labor Standards, or Section II~., Environmental Reviews, below, and/or subject to the SubGrant•• receiving an official 'Notice to Proceed' froa the County. Th• following provisions outline the scope of the work to be completed: Project will iaprove City's existing housing stock by providing funds for extensive renovations to badly deteriorated single faaily owner occupied ho••• which are unsuitable for the City'• regular housing rehabilitation prograa. a. •ayaeat It is expressly agreed and understood that the total aaount to be paid by the Grant•• under this contract shall not exceed $35,ooo. Drawdowns for th• payaent of eligible expenau shall be aade against the line it-budgets specified in attached Exhibit 8 herein and accordance vith perforaance. lxpenae• for general 1 • . ' .. I . • 0 - - • • 0 t • - administration shall also be paid against the line it .. budgets specified in Exhibit Band in accordance with performance. a. HaeU.A• The project will be completed by June 1, 1997 unless this Agr•-•nt is aodified by autual agre .. ent of the partiu. c. •ertoraa11c• criteria Project funding will accoaplish the following: Provide loans and/ or grants to one or aore Englewood boaeovners for the purpose of extensive housing renovations. D. aeportia9 aequir .... ta 1. Each SubGrant•• Dravdovn Request will include progress reports for the period for vbicb payment is being requested. 2. Quarterly project reports will be due within 30 days following the end of each quarter (March 31, June 30, September 30, December 31) until th• Project is completed. 3. Final Report is due 45 days after coapletion of th• Project. 4. Annual and Audit Reports -Tb• official Annual Report and Annual Audit for th• SubGrant•• in which both revenues and expenditures for the CDBG Financial Projects described herein are detailed. Due annually, not later than June 30 of each year. •. Labor 8tandards (Davis-aacoa) It is deter11tined that: Project does not involve activities which require compliance with federal labor standards. r. bviroaaeatal aevins Environaental reviews will be perforaed by Arapahoe County upon selection of individual sites in order to deter11tine whether environmental action is required. III. &uPOJ18IBILITIU OJ' ftZ 8uacaaJl'l'D a. rederal coapliaace Th• SubGrant•• shall take all actions that are appropriate and required of it to coaply vith the applicable provisions of the grant agre .. ents received froa the o.s. Departaant of Bousin9 and 2 ..... "' - • I . • 0 , ,, • • " - 0 , . • Urban Development (HUD) by the County. Th••• include but are not limited to compliance with the provisions of the Rousing and Community Development Act of 1974 (ACT) and all Rules and Regulations, guideline• and circular• promulgated by the various federal departaents, agencies, administration• and commissions relating to th• CDBG Prograa. More specifically, the SubGrantH and the County shall each take all required actions to comply with the provisions of 24 CFR Part 570, Title VI of the Civil Right• Act of 1964, Title VIII of the Civil Rights Act of 1968, Section 104 (b) and 109 of the BousinlJ and Coaaunity Development Act of 1974, 24 CFR Part 15, SUbpart K of BUD'• un~fora Adainistrative Requir ... nt for Grants and Cooperative Agre ... nts, the r9CJUlations applying to minority business enterprise, 24 CFR 570.904, the lead based paint regulations 24 CFR 570.608 and 24 CFR 35, and with OIIB Circular A-87, Coat Principl .. tor State and Local Governaents. Attached hereto a• Exhibit A and incorporated herein by thi• reference is a auaaary of provi•ions associated with the COllallllity Development Block Grant Progr-which shall be followed by the SubGrant•• unlu• it is deter.ined to be inapplicable. Additionally, in accordance with 24 CFR Part 570, no employ .. , official, agent or consultant of the SubGrantee •hall exerciN any function or responsibility in vbich a conflict of interut, real or apparent, would ari••· Tbe Subgrantee cannot engage in a federally funded contract with any entity registered in the Lista of Partiu Excluded From Federal Proc:ur ... nt or Nonproc:ur .. ent Progrm. Thia publication is available in Arapahoe County through the Housing and Community Development Services Division. a. supervision and adainiatrati•• control As to any projects conducted during Progr-Year 1996, the SubGrant•• agrees, in accordance with Section III, paragraph A above that the County shall have ultimate •uperviaory and administrative responsibility, but the SubGrantH shall be responsible tor the expenditure of the funds allocated tor its projects or activities and for the construction or performance of its projects or activities in compliance with all applicable Federal laws and requirements relating to the CDBG Prograa. c. •on-appropriations Clause The SubGrant•• agr••• that it will include in every contract it enters, which relies upon CDBG moni•• tor funding, a non- appropriation clause that will protect itself and the County from any liability or responsibility or any suit which might ruult from the discontinuance of CDBG funding for any reason. Because this Subgrant•• Agreement involves funds from a federal grant, the funding provisions of this Subgrantee Agr•-•nt, the federal grant and . the federal sta.tutes control rather than the provisions of Section 24-91-103.6, C.R.s. with regard to any public work projects. D. lblpeaditure aestrictiona .. w 3 ...... I . • 0 - - • • "' - 0 I• • All CDBG funds that are approved by HUD for expenditure under the County's grant agre .. ent, including those that are identified for the SubGrantee's projects and activities, shall be allocated to the specific projects and activities described and listed in the grant agreements. Th• allocated funds shall be used and expended only for the projects and activities for which the funds are identified. a • .a«Jr•-eat CllaJaqes No projects or activitiu, nor the aaount allocated therefor, aay be changed without concurrence by the County and acceptance of the revised Pinal Stat ... nt and/or Consolidated Plan by BUD, if required. Changes aust be requested in writinCJ and uy not begin until a aodification to this Agreement is fully executed. r. Direct •rojects SUperTisioa &Ad adaiaistratioa Th• SubGrant•• shall be responsible for the direct supervision and administration of its respective projects or activities. This task shall be accoaplished through th• use of the SubGrantee's staff, agency and employees. Th• SubGrant•• shall be responsible for any injury to persons or damage to property resulting from the negligent acts or errors and omissions of its staff, agents and .. ployees. Subgrantee, within ita legal ability to do so under the Constitution of the State of Colorado and its home-rule charter (if Contractor is a home-rule aunicipality) and without in any way or aanner intending to waive or waiving the defenses or limitations on damages provided for under and pursuant to the Colorado Governmental Immunity Act (Sec. 24-10-101, et seq. C.R.S.), the Colorado Constitution, its home-rule charter or under the common law or th• laws of the United States or the Stat• of Colorado, shall indemnify and save haral••• the County against any and all damages which are recovered under the Colorado Governmental I-unity Act and reduced to final judg .. ent in a court of coapetent jurisdiction by r-son of any negligent act or omission by Subgrantee, its agents, officers, or employees, in connection with th• performance of this contract. fl. ID4-ity Because the SubGrant•• is responsible for the direct supervision and administration of its projects or activities, the County shall not be liable or responsible tor cost overruns by th• SubGrant•• on any projects or activities. The County shall have no duty or obligation to provide any additional funding to the SubGrant•• if its projects or activities cannot be coapleted with th• funds allocated by the County to the SubGrantee. Any cost overruns shall be the sole responsibility of the SubGrantee. 1. The SubGrant•• agrees that all funds allocated to it for an approved projects or activities shall be used solely for the purposes approved by the County. Said funds shall not be used for any non-approved purposes. 4 ' • . I . • 0 f 32xl - • • ,, - • l• • ' ' '· 2. Tb• SubGrant .. ac,r••• that th• funda allocated for any approved projects or activiti .. ahall be aufficient to complete aaid projecta or activiti .. without any additional CDBG funding • •• %aa11rUUS• If the SUbGrant .. •• projecta involv .. conatruction activiti .. , any Contractor it uaea for .. id activiti .. ahall be required to provide and -intain, until final acceptance by the SUbGrantee of all work by auch Contractor, the kinda and ainiaua aaounta of inaurance u follova: 1. Coaprehenaive General Liability: In the aaount of not 1 .. a than $600,000 cOllbined •incJl• liait. Covera9e to include: a. Pr .. i .. • Operationa b. Producta/Coapleted Operationa c. Broad Fora Contractual Liability d. Independent contractor• •. Broad Form Property Daaa9e f. Eaploy••• as Additional Inaured 9. Peraonal Injury b. Arapahoe County and the SUbGrant•• as Additional N-ed Inaured i. Waiver of Subr09ation 2. Coaprehenaiv• Autoaobil• Liability: In the aaount of not l••• than $600,000 cOllbined •incJl• liait for bodily injury and property daaa9•. Coverage to include: a. Arapahoe County and the SubGrant.. u additional •aaecS Inaured b. Waiver of Subrogation J. lllployer• Liability and Worun c:c.penaation: Tbe Contractor aball aecure and uintain aployer'• liability and Worker'• Coapenaation Inaurance tbat will protect it againat any and all claiJu r .. ultincJ fraa injuri .. to and death of vorkara enc,aqed in work under any contract funded purauant to thia aqr ...... t. Coverafl• to include: a. Waiver of Subr09ation 4. Additional •aaed Inaured: All referenced inaurance polici•• and/or certificat .. of inaurance aball be aubject to the follovincJ atipulationa: a. Underwriters ahall have no riC)hta of recovery aubr09ation a9ainat Arapahoe County or th• SubGrant .. ; it bei119 th• intent of the partiu that th• inaurance polici.. ao effected aball protect the parti .. and be prillary covera9• for any and all lo•••• covered by th• deac:ribed inaurance. 5 .. I . • 0 I - - • 5. b. • • t• • Th• clause entitled •other Insurance Proviaiona• contained in any policy includinq Arapahoe County as an additional naaed insured shall not apply to Arapahoe County or the SubGrantee. c. The insurance coapani•• issuing the policy or polici•• shall have no recour-against Arapahoe County or the SubGrant-for payment of any pr-iuas due or for any ........ nta under any for. of any policy. d. Any and all deductiblu contained in any insurance policy shall be aaauaed by and at the sole risk of the contractor. Certificate of Insurance: Tile contractor shall not co-•nce work under any contract funded pursuant to this agre-ent until be has submitted to tb• SubGrant~•. received approval thereof, certificate• of insurance showing that he ha• complied with the foregoing inaurance requir-•nta. The SubGrantae shall alao subait a copy of the Contractor'• certificates of insurance to the County. 6. Notwithstanding the provision• contained in this paragraph (H) ••t forth hareinabova, tba County r•••rv•• the right to aodify or waive aaid provisions for projects or acti vi ti•• for which th••• provision• would prove prohibitive. The SubGrantae understands, however, that th• daciaion to waive or aodify those provision• i• fully within the diacretion of the County. I. aecord• Th• SubGrant•• shall maintain a coapleta sat of booka and records documenting it• use of CDBG funds and its supervision and adainistration of the project•. The SubGrantae shall provide full ace••• to th••• booka and records to the county, the secretary of BOD or bis dasignaa, the Office of Inspector General, and the General Accounting Office so that coapliance with Federal laws and regulations aay be confirmed. The SubGrant•• further agr••• to provide to th• County upon request, a copy of any audit reports pertaining to the SubGrantee'• financial operations during the ter. of this agreement. J. aeportiacJ The SubGrantee shall file all reports and other inforaation necessary to coaply with applicable Federal laws and regulations a• required by the county and ROD. Thia shall include providing to the County the information necessary to coaplete th• Grant•• Perforaanca Reports in a timely fashion. &. u .. u. .... ' ...... ,. - • I, .. I . • 0 1 32xl - ·' • • • "' - 0 , . • ' Tbe SubGrant-baa aumitted to the County, along with its proposal, a description of the work to be perforaed, a budget, and a timetable delineating the length of time needed for each project phase, if applicable, through th• coapletion of the projects. Tb• SubGrantee shall coaply with timetable for completion of the projects. Tb• SubGrantee understands that failure to caaply with the timetable aay lead to a cancellation of the projects and a loaa of all unexpended funds, unl .. • the County deterainea that there are extenuating circ:uaatancu beyond the SubGrantee•a control and that the projects will proceed within a reasonable lenlJtb of tiae. Tb• tiMtabl•'• 1-pleaentation shall begin when the County provides written notification to the SubGrant•• to proceed. L. ..ialNra_t ~or ........ The SubGrant•• aqr-• that before the County can diatrillute any CDBG funds to it, th• SubGrantH auat aubai t to the County'• Rousing and Community Development Services Division docuaentation in the form required by that Division which properly and fully identifies the amount which the SubGrant•• i• requeating at that tiae. The County ahall have ten (10) working days to review the request. Upon approval of the request, the County will distribute the requested funds to the SubGrantee or directly to the appropriate subcontractor or vendor as aoon as poaaible. •· •rOCJr-Incoae All program incoae derived from the Arapahoe county co-unity Development Block Grant Program received by the SubGrantee will be retained by the SubGrantee and will be diapersed for its approved CDBG project activities before additional CDBG funds are requested from the county. Following coapletion of the SubGrantee' • Arapahoe county CDBG Projects, all prograa incoae directly generated froa the use of CDBG funds will be r-itted to the County. •· a.set 11aaa9...at Any single parcel of real property under the SubGrant••'• control that was acquired or iaproved in whole or in part with CDBG funds in excess of $25,000 will either: 1 . Be used for an eligible CDBG activity, as dete:nained by the County, for a ainiaua of five (5) years following coapletion of the SubGrantH's projects; mi 2. B• disposed of in a aanner that r .. ults in the county's being reiabursed in the aaount of the current fair -rket value of the property leas any portion of the value attri butable to expenditur .. of non-CDBG funds for acquisition of, or iaproveaents to, the property. Reiabur•-•nt is not required after five (5) years following coapletion of the SubGrantee'• projects. o. State and County La• c:o.pliaaoe 7 ..... • . .. I . • 0 ' I • "' - • • All responsibilities of the SubGrant•• enuaerated herein shall be subject to applicable State statute• and County ordinances, resolutions, rules, and regulations. •· snviroaae11tal aa.i- Th• SubGrant•• agr••• that no CDBG funds will be legally obligated to any project activity before the County ha• coapleted th• environaental review proceduru, aa required by 24 CFR Part 58. g. hbooauac:ta If subcontracts are used on th• projects, the SubGrant-agrees that the provisions of this ac,rNMnt shall apply to any •ubcontract. a. h8pa8io11 or 'l'eraiaatio11 This agreaent aay be suspended or ter11inated by the County if th• SubGrant•• materially fails to coaply with any term of this agreement. This agraaent aay also be terminated for convenience by mutual agreement of the County and the SubGrantee. a. In the event that the Cnit of General Local Government should withdraw from the County'• •urban County• designation, this agreement shall terminate as of the termination date of the County'• CDBG grant agreement with BUD. 'I'. Th• SubGrantee certifies that to the beat of it• knowledge and belief: v. 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or -ploy•• of any agency, a Naber of Congrua, an officer or employee of Congress, or an employ-of a lleaber of Congress in connection with the awarding of any Federal contract, the aalcing of any Federal c,rant, the uking of any Federal loan, the entering into of any cooperative agre-•nt, and the extenaion, continuation, renewal, ... ndaent, or IIOditication of any Federal contract, grant, loan, or cooperative agreeaent; and, 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person tor influencing or attempting to influence an officer or .. ploy•• of any agency, a Kamber of Congress, an officer or employ•• of Congress, or an .. ployae of a lleaber of Congr••• in connection with this Federal contract, c,rant, loan, or cooperative agre-•nt, it will coaplete and aubait Standard Fora-LLL, •Disclosure Fora to Report Lobbying,• in accordance with it• instructions. Disallowa11ce • .... • . .. I • • 0 , -• ... • • C • If 1 t 1• deterained by BtJD or other federal a9ency that the expenditure, in whole or in part, for the SubGrant-•a projects or ; activity vaa iaproper, inappropriate or ineli9ible for reiaburaeaent, then the SubGrantee aball rei.aburae the County to the full extant of the diaallowance. n. m»aaurm• °" m couat1 &. Lepl LiUUiq _. a ...... DUi~ The Parti-recocJlliH and undentand that the County will be the 9overnaental entity required to ancute all ~t ac,rewnta received froa BUD purauant to the COWlty'• requeata for CDBG funda and that it will thereby bee cae and will be bald by BQD to be lacJally liable and reaponaible for tha overall adainietration and perforunc• of th• CDBG ProCJr&aS, includincJ the projects or activitiN to be conducted by the SubGrantee. .&ccordincJly, the SubGrantee a~ that aa to its projects or activiti-perfor.ed or conducted under any CDBG a~~t, the County aball have th• n•c-aary adainiatrative control required to _.t BOD requireaenta. a. ~ozaaaa• aa4 Collpliaaae lloaitoriav The county'• supervisory and adlliniatrative obli9ationa to th• SubGrantH pursuant to para~aph A above shall be liaited to the perfo~c• of the adlliniatrative taaka nec-aary to aak• CDBG funds available to th• SubGrantae and to provide a llonitorincJ Specialist vboae job it will be to aonitor the varioua projects funded with CDBG aoni-to ensure that they c:oaply with applicable Federal lava and r~lationa. C. a.portiag to IIVD The County will be ruponaibl• for confiraincJ the coapliance of the SubGrantee'• projects with applicable Federal lava and retJUlationa. Th• eounty will further be ruponaibl• for ... incJ that all nec:eaaary reports and inforaation, includincJ th• Grantee Perfo~ce .. ports, are filed with BUD and other applicable Federal a9enci•• in a tiaely fashion. ' .. .. .. I . . 0 , • • • <' ' , ,, -. In Witn-• Whereof, t.he Parti-bave cauaed t.hia Aqr..-nt to be duly executed t.hia ___ day of-----------' 1996. Wi~a: At~t: Clerk to t.h• Board Donetta Davidaon . ...... . ·.·.·.·.·.·.·.·.·: ......... . . . . . . . . . SUbc)rantee: __ .c;.1t-.x..:A~(.._.1D_a .. 1weYRA4 .... ---... : ~ .... : ; ... · -,..;;:·: '.:;:; / ........ . . . . . . . . · . . . . . . . . . . . . . . . . . · By:. __________________ _ Title=---------------------------~ Board of County Coaaiaaioner• Arapahoe County, Colorado Polly Pac,e, Cbairaan 10 • . .. I. • 0 -• • t~ . • ' <. EXHIBIT A COMMUNITY DEVELOPMENT 8LOClt GRANT PROGRAM CONTRACT CLAUSES SSOPI .of Wgrlc 24 C,F,R. S 570.503(b)(l) Should be clear, quant.ified, with perfomance criteria built in. Perforaance to .include accoaplishllant of the product, -thod of accoaplishaent, tiaing, aileston•• and persoftllal assigned. There should be a very specific budget, organ.ized by task as well as l.ine it-. contract Administration 24 C.P.R, S 85,l&(b)(ll) Procedures regard.ing all contractual and adaJ.n.istrative .issues. This must .include procedures for ch&ngi.ncJ the scope, specifications, budget, or other prov.isions. Where 0KB Circular A-110 applies, ... Attachaant O, Par. 3.c.(9). uniform Administration 24 C.F.R. S 570.502 Compliance w.ith th• ~nts of 24 C,F,R. Part 85, sometiaes referred to as the •ca-on Rule. • Applicable to grant .. • and subrec:ip.ients that ·are CJOftnmantal entities. Subrec:ipients that are not governaental ent.ities aust comply w.ith spec:.if.ied Attachments to ONB C.ircular A-110, Coit Priosial•• 24 C,P,R, S 570,502 Compliance with the provisions of ONB Circular A-87 or A-122, as applicable. Conflict af Intara1t 24 C,P,R, S 570,611 No employee, officer or agent of the subgrant .. shall participate .in Hlection, or .in the award or adllinistration of a contract if a conflict of .interest, real or apparent, would be .involved. See also 24 C,P,R. S 85,l&(b)(l) or 0MB Circular A-110, Attachment O, Par. 3.a., as applicable. R1cordk11Pina 24 C,P,R. S 570.503(b)(2) Describe records that must be .. intained, including eligibility, national objectives, financial, equal opportunity, etc. S•• also 24 C.F.R. S 570,506, ,- • " ' .. I . . 0 I - - • • "' - 0 • Reporting Requir,ments 24 c.r.R. s 570.50J(b)(2l Describe all reporting requirements necessary to verify accomplishment toward ... ting the project scope and to demonstrate coapli.anc:e with other requi.raments. s .. also 24 c.r.R. s 85.36(i)(7) or ONB Ci.%cular A-110, Attachaent B, as applicable. Patent·s and copyrights 24 c.r.a. s 85.36(1)(8) , (9) Include any appli.cabl• provisions regardi.ng rights to patented inventions and copyrighted 11&terial resulting fraa the CDIG contract. Where ONB circular A-110 applies, Sff Attachaent O, Par. 4.h. As;c•11 to Records 24 c.r.a. s 85.36(1)(10) Ace••• by city/county, Coaptroller General, Secretary of BOD and their representatives, to any records relating to th• project. Where 0KB Circular A-110 applies, ... Attachment O, Par. 4.i. Retention of Records 24 c.r.a. s 85.36(1)(11) All records relating to the project aust be retained three years after project audJ.t/clo•• out. Where 0KB Circular A-110 applies,••• Attachaent c. Prgqry IDCPM 24 c.r.R. s 570.503(b(3) Description of all CJUidance on the disposition and use of program incoae. See alao 24 C.l'.R. SS 570.500(a) and 570.504 Rav•raion of Mlltf 24 c.r.R. s 570.50l(b)(8) Provisions regarding the return of excess funds and requirements regardi.ng the post-closeout use of real property acquired or improved with CDBG funds • Breach of contract 24 c.r.R . s 85.36(1)(1) Administrative, contractual and legal r ... di•• in instances of breach of contract, including aanctions and penalties. Where 0KB Circular A-110 appli••, ... Attachment O, Par . 4.a. Termination 24. c.r.a. s 85.36(1)(2) For all contracts in excess of $10,000, description of how and under what circumstances a contract aay be terminated for caus~ and for convenience, including the basis for settlement. Where 0MB Circular A-110 applies, ... Attachment O, Par. 4.b. ' . , .. I . • 0 I - - • • • l• • '· 24 C.F,R. 5 570.502 Compliance with OHB Circular A-128 (State and local governments) or A-133 (Nonprofits and higher education institutions). See also 24 c.r.R. Part 44 and 24 C.F.R, 5 85.26. Lobbying 24 c.r.R. Part 87 No CDBG funds may be expended for lobbying purposes and payments from other sources for lobbying aust be disclosed. Btliqious organizations 24 c.r.a. s 570.503(b)(6) Limitation• and conditions on the use of CDBG funds by religious organizations. s .. also 24 c.r.a. S 570,200(j), Ra1id1nt AlilDI 24 C.P.R, S 570.613 Newly legalized resident aliens are not eligible to apply for CDBG funded direct benefits auch as services, jobs and housing rehabilitation. uniform Relocation A11istanca and B•1i Property Acquisition Policies Act cuniform As;t) 24 c.r.a. s 570.606 Requirements for real property acquisition procedures and benefits and services that anyone displaced auat zec:eive. Bonding and Insurance 24 C,P,R, S 85,36(h) Include with construction contracts with estiaated cost of $100,00 or aore. llaquins bid parant-• (51 of tha bid), perfoz:manc• bond ( 1001 of tha contract price) and payment bond ( 1001 of the contract price). Where OIIB Cizcular A-110 applies, s-Attac1-nt Band Attachment O, Par. 4,c, Labor standards 24 C,P,R, S 570.603 I'~ In all construction contracts over $2,000 (except for housing rehabilitation of properties containing l••• than 8 dwelling units), Davia-Bacon Act and related labor atandarda requirements apply. U•• current va99 ratea applicable to the project and HUD-4010 which includes all required references. Sae also 24 C.P.R. S 85.36(1)(4), (5) and (6) or 0MB Circular A-110 Attacbaent O, Pars. 4.a ., f., and g., as applicable. P•barred contractors 24 c.r.a. s 570.609 Prohibit, use of debarred, auspendad or ineligible contractors or subrecipients in any contract. • ...... • . ~ .. I . • 0 , - • • 0 (~ • ' Environmental 24 C.F.R. S 15.36(i)(12) For all contracts and subcontracts ower s100;000, iaclude compliance with standards, ordars and ~~ts La•ued under Section 306 of the Clean Air Act, SectJ.on SOI of the Clean Water Act, becuti,,. Order 11731 uad eaT~cal Protection Agency nvulations at 40 C. r. a. Pazt 15. llben 0MB Circular A-110 applies, ... Attac!aent O, Par. 4.j. flood Insurance 24 c.r.a. s 510.105 For acquisition rehabilitation, or construction in •peckl flood hazard areas (a• detel"llined ~ l'EJIA), property auat have flood insurance. loerqy Efficiency 24 c.r.R. 85.J&(i)(ll) Compliance with mandatoey energy efficiency atandarda and policies in State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163). s .. also 24 C.F.R. Part 39. There is no equivalent provision in mm Circular A-110. Lead-eased Paint 24 C.F.R. S 570.608 Prohibits use of lead-based paint ·in residential atructures. Requires notification of occupant,. Provides for . inspection, testing and abatement in specified circumstances. Afbastos EPA/OSHA Where asbesto• is present in property undergoing rehabilitation, Federal ~nu apply r99arding worker exposure, aba~nt procedures and disposal. See Notice CPD-90-44 for further details. Title vr of the civil Rights Act of 1111 24 c.r.R. s 570.&0l(a) Compliance with P.L. 88-352. Applie• to all projects. Prohibits discriaination on grounds of race, color or national origin. Covers both the deliveey of, and the participation in, all CDBG projects. S.. also 24 c.r.~. Part 1. Pair Housing 24 c.r.R. s s10.,01(b) . Compliance with The Fair Housing Act. Prohibits discrimination on the basis of race, color, religion, sex, national origin, handicap or familial status in all activiti4s involvi~g the s•l•A cental or financing of housing. Public lawCJ0-284 and E.u. ll06J .... ,,. ~ • . I . • 0 '32xl -• • I• . -' '· Discrimination Prohibition 24 c.r.R. s 510.602 Under provision of S,stion 109 of th• RCQ Act of 1974, as amended, discrimination is prohibited on th• basis of race, color, reliqion, national oriqin or sex. Also refers to discrimination on the basis of bandicap and aqe. Pi1sri.min1tion on tbl 11111 Rf Handicap 24 c.r.R. Part a Coapli_ance vi th Sec. 504 requ~nts. Covers prohibited. discriaination in employment, benefits and progr.... ;· EstabliahH requ~nu for appl7iluJ Unifoza r~al · .AcceHibility Standarda (UPAS) (SN 24 C.f.R. Part 40 for UFAS) to contract•. llote tbat uru and ·A11SI standaxds· differ in important napects. As9 Qi•criplination 24 c.r.R. Part 146 Covers prohibited di.acriaination by recipients and subrecipients in all -pacts of usisted proqr .... Qiscriplination in Employmant 24 c.r.R. s 570.607(a) For construction contracts over $10,000, prohil»its discrimination in eaployant by aalcing Jus;utiu Ordar 1124§ and related proviaiona applicable. JmRloymant. Train,inq and Contractins Qppgrtunltte, 24 c.r~R. s 570.607(b) under provisions of Section l pf Pt IAYliQq and Urban PtY•loAPtot act of 19§1, require• opportuniti•• for training and -ployaent of lower-income persona and opportunitiu for contractinq with local fi%1u. Applies to all contracts. M,i,nority Busiot•• Enterpri•t 24 c.r.R. s as.36(•> Covers required actions by xec:ipient and contractor• to ••cure participation of fi%1u owned and controlled by minorities, women and reaidents of labor eurplu• areu. Where OMS Circular A-110 applies, SN Attachllent O, Par. 3. e. (3) • Compiled by: Office of Community Planning and Development Reqion VIII (Denver) June 1991 "' -. ' .. I· • 0 , I - COLOIIN A ..................... Allioililo A. ..... . u...,.....,...., .. .. ........... "· .. lliaa ...... L ,-,... Allivilioo • Ull lly .....,(.,..,, ... ..,._) c-111 -6..,..._ ..... Allivilioo ...... -· i • .... + Aolloilile 'IOTA&. • • ·, • .. EXBIBITB PROJECr BtJDGEI' COLtJIIN B COLtJIIN C ...... ,....C:..-6U. .---6c:ma ... .... ......,ec:--c ...... ... C...DI .. .,. .. .. 15,GIID 15,GIID 15.GIID 15.GIID :u.a 15,GIID . , •, COLOlllf D a..,-.c:.......o, ........) .,. .. 0 0 0 I. • 0 -•. > •. -r,~ , I - - • • «• • ' ... aDDDDUII IIUDD Olla '1'0 'l'D CCJiiiiGiil'l'I DffJILCmlm 8LOC3 aaJl'I' naaDll&'I coaamaa rmanmarl'I ann--w Thi• ADDDDON IRJIIIIER on IIOditi-the Arapahoe county Coaaunity Devalopaent Block Grant A9reeaent (•Aqr....nt•) by and between Arapahoe County (•county•) and tbe C1ff a. aNLDOOD (•SUbcJrantee•), dated __ ______________ ,1996. 1fllDD8, tbe A9r...ent ( in Section III. B) , requir-that it any Subc)rantee project involvu conatruction activitiu, then tbe Contractor -lec:ted by the IUbCJrant-auat provide and aaintain inaurance in the aaounta -t forth therein; and WIIDDS, purauant to Section III. B.6, the SUbcJrantee deairu that the County vai ve a portion of the inaurance requireaenta of Section III. B of ....-nt; and IIIUCRDS, the County aqr ... to the waiver a• noted herein. ROW, TIIEREP'ORE, IT IS AGREED by th• County and the Subc)rant-a• follow•: 1. Tb• Subc)rant-•ball require ita Nlected Contractor to provide and aaintain 9eneral liability and property inaurance in an aaount not lu• than $100,000 by tbe Contractor and to provide and aaintain autoaobil• liability inauranc• and worJmen' • coapenaation inaurance required by Colorado law. Proof of aucb insurance aball be provided to tbe IUbCJrantee. 2. Tb• Subc)rantee and tbe COunty reaffira tbe proviaiona of Section III.P., concerninlJ adaini•tration and indeanification concerning perfo~ of tb• ....-nt. 3. All other provi•iona of tbe A9r....nt not inconaiatent vith this Addendwa Nuaber one are r .. ffiraed. In lfitn••• Whereof, the Parti-bave cauaed thi• Addendua to be duly "' - executed thi• ----day of -----------' 1996. . ........ . Atte•t: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ·.·.-·.·.·.·.·.·. :.:. :::::::: ......... . . . . . . . . . . . . . . . . . . . . Subc)rant_: __ c_it.,v.._.p .. (._.1D9_ .. 1.,.a..,.oad...,...__·:.::::::::::::::: > 8Y=~------------------~ Title:~~~~~~~~~~~~~- . ' • .. I . • 0 . , I - - Atte•t: Clerk to the Board Donetta Davidson • • • (. Board of county caaai••ioner• Arapahoe county, COlorado Polly Pa9e, Cbairun .. I. • 0 - • 0 I • • SUBGRANTEE AGREEMENT FOR THE 1996 ARAPAHOE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CONTINUING RF.SOLUllON FUNDING This Agreement is aade and executed this day of , 1996 by and between th• Board of County ,:C~o-=-1.-...... -.I.-o_n_•_r_s_o..,f......,th,-r-•--,C~ounty of Arapahoe, State of Colorado, for the Coaauni ty Development Block Grant Prograa in the Coaauni ty Services Department (hereinafter referred to as th• County) and '1'1111 cxn or IIIGLftOOD, a aunicipality in Arapahoe County (hereinafter referred to•• the SubGrantee) for the conduct of a Coaaunity Developaent Block Grant (CDBG) Project for Prograa Year 1996. x. na.oa• The priaary objective of Title I of the Housing and Co11J11unity Developaent Act of 1974, •• amended, and of the C011111unity Development Block Grant (CDBG) Program under this Title is th• development of viable urban coamuniti••, by providing decent housing and a suitable living environaent and expanding economic opportunities, principally for low and aoderate income persons. Th• project by '1'1111 C:I'l'Y or DIGLftOOD known •• the BOU8DIG IUDlallIL:Ift!'IOII DOJaC'I (Project) has been categorized as a amJIIL:In!'IOII &C'l':tnft, and the SubGrant•• will maintain docwaentation with the 11&!':IOJlaL 011.TSC!'XV. of aousx•a BIDIBl'I!' activities. Th• SubGrantee may proceed to incur costs for the project as of June 1, 1996 unless made contingent under Section II-P., Labor Standards, or Section II-G., Environmental Reviews, below, and/or subject to the SubGrant•• receiving an official 'Notice to Proceed' froa th• County. The following provisions outline the scope of the work to be coapleted: Project will iaprove City'• existing housing stock by providing low interest loans and grants to low-incoae boaeowner• for the purpose of single family housing rehabilitation. &. •ayae11t It is expressly agreed and understood that the total aaount to be paid by th• Grant•• under this contract shall not exceed $78,595. Drawdowns for the paYJlent of eligible expenses shall be aade against the line item budgets specified in attached Exhibit B herein and accordance with perforaance. Expenses for general adainistration shall also be paid against the line it-budgets specified in Exhibit Band in accordance with perforaance. 1 •. I . • 0 , - - • ,, - 0 • 8. 'liaelin• The project will be completed by June 1, 1997 unless this Agre-ent is aodified by autual agr•-•nt. c. •erforaaac• criteria Project funding will accoaplisb the following: Provide loans and grants to Englewood boaeovners for housing rehabilitation. D. aeportill9 aequir--ts 1. Each SubGrant•• Dravdovn Request will include progress report• for the period for which payaent is being requested. 2. Quarterly project reports will be due within 30 days following the end of each quarter (March 31, June 30, September 30, Dae~ 31) until the Project is coapleted. 3. Final Report is due 45 days after completion of the Project. 4. Annual and Audit Reports -The official Annual Report and Annual Audit for the SubGrantee in which both revenues and expenditures for the CDBG Financial Projects described herein are detailed. Due annually, not later than June 30 of each year. •· La!tor 8UJIClarcla (DaYia-.. aoa) It is determined that: Project doe• not involve activities which require compliance with federal labor standards. Site-specific environaental reviews aust be performed prior to issuing a contractor notice to proceed for each ho-rehabilitated. 111. aa.aaaIBILITIU 01' ftS 8vaaalft'D a. •ederal coapliaaa• The SubGrant .. shall take all actions that are appropriate and required of it to coaply with th• applicable provisions of the grant agre ... nts received froa the U.S. Department of Housing and Urben Development (HUD) by the County. Th••• include but are not liaited to coapliance with the provisions of the Housing and co-unity Davelopaent Act of 1974 (ACT) and all Rul•• and Regulations, quidelin•• and circulars promulgated by the various 2 , •. .. I . • 0 I - • • • ,- 0 • federal departments, agencies, administrations and co-issions relating to the CDBG Prograa. Nore specifically, the Sul:IGrant•• and the county shall each take all required actions to coaply with the provisions of 24 CPR Part 570, Title VI of the Civil Rights Act of 1964, Title VIII of th• Civil Rights Act of 1968, Section 104 (b) and 109 of th• Housing and Coaaunity Development Act of 1974, 24 CPR Part 85, Subpart It of BOD'• Onifora Adllinistrative Requir ... nt for c:rants and cooperative Ac)reeaenta, th• regulations applying to ainority buain-s enterpriH, 24 CPR 570.904, the 1-d based paint regulations 24 CFR 570.608 and 24 CPR 35, and with ONB Circular A-87, cost Principl-for State and Local c:overnaents. Attached hereto as Exhibit A and incorporated herein by this reference is a sumaary of provisions associated with th• co-unity Developaent Block c:rant Prograa which shall be followed by th• Sul:IGrantee unl-s it is deterained to be inapplicable. Additionally, in accordance with 24 CPR Part 570, no eaployee, official, agent or consultant of th• Sul:IGrantee shall exercise any function or responsibility in which a conflict of interest, real or apparent, would ari... The Subgrantee cannot engage in a federally funded contract with any entity registered in the Lists of Parties Excluded Froa Federal Procur-ent or Nonprocuraent Progrm. This publication is available in Arapahoe County through the Housing and Co11111unity Developaent Services Division. a. supervision ud adai.Distrati•• control As to any projects conducted during Program Year 1996, the Sul:IGrant•• agrees, in accordance with Section III, paragraph A above that the County shall have ultiaate supervisory and adainistrativ• responsibility, but the Subc:rant .. shall be responsible for the expenditure of the funds allocated for its projects or activities and for the construction or perforaance of its projects or activities in c:oapliance with all applicable Federal laws and requir ... nts relating to the CDBG Prograa. c. llon-appropriations Clause The Sul:IGrantee agrees that it will include in every contract it enters, which relies upon CDBG aonies for funding, a non- appropriation clau .. that will protect itself and the county froa any liability or responsibility or any suit which aigbt r-ult froa the discontinuance of CDBG funding for any reason. Because this Subgrantee Ac)reeaent involves funds froa a federal grant, the funding provisions of this Subgrantee Ac)reeaent, the federal grant and the federal statutes control rather than the provisions of Section 24-91-103.6, C.R.S. with regard to any public work projects. D. azpenditure •••trictions All CDBG funds that are approved by HUD for expenditure under the county'• grant agre-ent, including those that are identified for the Sul:IGrant••'• projects and activities, shall be allocated to the specific projects and activities described and listed in the grant 3 ' ... I· • 0 , - - • • • • ,. - • l• . • ' agreements. Th• allocated fund• •hall be used and expended only for th• project• and activiti•• for which th• fund• are identified. • . Aqr•--t CllaJMJ•• No project• or activiti••, nor the a.aunt allocated therefor, aay be changed without concurrence by the County and acceptance of the reviaed Final Stat ... nt and/or Conaolidated Plan by ROD, if required. Chang•• auat be requeated in writing and aay not begin until a aodification to thia Agre ... nt i• fully executed. •· Direct ~ject• 8UperYiaioa aa4 adaiaiatratioa The SubGrantee ahall be reaponaibl• for th• direct auperviaion and adainiatration of it:a reapective project• or activiti••· Thia taak ahall be accoapli•h•d through the uae of the SubGrant••'• ataff, agency and a.ploy•••· The SubGrantee shall be r-ponaibl• for any injury to peraona or daaage to property reaulting froa the negligent act• or error• and oaiaaion• of its ataff, agent• and employees. Subgrantee, within it• legal ability to do ao under the Conatitution of the State of Colorado and its hoae-rul• charter (if Contractor i• a hoae-rule aunicipality) and without in any way or aanner intending to waive or waiving the defen••• or li.aitation• on daaag•• provided for under and purauant to the Colorado Governaental 1 .. unity Act (Sec. 24-10-101, et aeq. C.R.S.), the Colorado Conatitution, it• hoae-rule charter or under the coaaon law or th• laws of the United Stat•• or the State of Colorado, ahall indeanify and aave haral-• the County againat any and all daaagea which are recovered under the Colorado Governmental I-unity Act and reduced to final judg ... nt in a court of coapetent jurisdiction by reaaon of any negligent act or oaiaaion by Subgrant-, its agent•, officer•, or eaploy•••, in connection with the perforaance of thi• contract. a. lad-it7 Becauae th• SubGrant•• i• reaponaible for the direct auperviaion and administration of it• project• or activiti••, the county ahall not be liable or responaibl• for cost overrun• by the SubGrant•• on any projects or activities. The County shall have no duty or obligation to provide any additional funding to the SubGrant•• if it• project• or activities cannot be coapleted with the fund• allocated by the County to the SubGrant-. Any coat overrun• ahall be the aole reaponsibility of the SubGrant••· 1. Th• SubGrant•• agree• that all fund• allocated to it for an approved project• or activiti•• ahall be uaed aolely for the purpo••• approved by the County. Said fund• ahall not be uaed for any non-approved purpo•••· 2 • Th• SubGrant•• agr••• that the fund• allocated for any approved project• or activiti•• ahall be aufficient to complete •aid projects or activiti•• without any additional CDBG funding. 4 .... • . I . • 0 'a2 x l -• • • (. • •· %aauraaoa If the SubGrant-·• projects involvu construction activitiu, any Contractor it uses for aaid activitiu shall be required to provide and -intain, until final acceptance by the SubGrant-of all work by such contractor, th• kinda and ainilNII aaounta of insurance as follows: 1. coaprebanaive General Liability: In the aaount of not 1 ... than $600,000 coabined •incJl• liait. covera9e to include: a. b. c. d. •• f. 9· h. i. Preai••• Operations Producta/Coapleted Operations Broad Pora Contractual Liability Independent Contractor• Broad Pora Property Daaa9e Eaploy-• as Additional Insured Personal Injury Arapahoe county and th• SubGrant-a• Additional Naaad Insured Waiver of SUbroqation 2. Coaprehenaive Autoaobil• Liability: In the -ount of not l••• than $600,000 coabined •incJl• li11it for bodily injury and property daaa9e. Covera9e to include: a. Arapahoe county and the SubGrant•• as additional Naaad Insured b. Waiver of SUbroqation 3. Ellployer• Liability and Workers CGapanaation: Tb• contractor shall Hc:ure and -intain eaployer'• liability and Worker'• Coapenaation Insurance that will protect it a9ainst any and all clailla reaultincJ froa injuri .. to and death of worker• enqa9ed in work under any contract funded purauant to this aqreeaent. Covera9e to include: a. Waiver of Subroqation 4. Additional N-.S Insured: All referenced insurance policies and/or certificatu of insurance shall be subject to the follovi119 atipulationa: a. b. Underwriter• ehall have no ril)bta of recovery aubroqation a9ainst Arapahoe County or the SubGrant-; it being the intent of the parties that the insurance polici•• so effected shall protect the parti•• and be priaary covera9e for any and all lo•••• covered by the described insurance. Tb• clause entitled •other Insurance Proviaiona• contained in any policy includillCJ Arapahoe County aa an additional naaed insured shall not apply to Arapahoe County or the SUbGrantea. 5 . ' .. I . • 0 - • 5. • ,. - 0 I • • c. Th• insurance coapani•• issuing the policy or policies shall have no recourse against Arapahoe county or the SubGrantee for payment of any premiWIIS due or for any asses .. ents under any fora of any policy. d. Any and all deductible• contained in any insurance policy shall be assuaed by and at the sole risk of the Contractor. certificate of Insurance: Th• Contractor shall not co ... nce work under any contract funded pursuant to this agre ... nt until be ha• aubaitted to the SubGrantee, received approval thereof, certificate• of insurance shoving that be bas coaplied vi th the foregoing insurance requir-•nts. The SubGrantee shall also aubait a copy of the contractor'• certif icatu of insurance to the County. 6. Notwithstanding the provisions contained in this paragraph (H) set forth bereinabove, the County reserves the right to aodify or waive said provisions for projects or activities for which these provisions would prove prohibitive. The SubGrantee understands, however, that the decision to waive or aodify tho•• provisions i• fully within the discretion of the County. I. aecord• Th• SubGrant•• shall aaintain a coaplete set of books and records documenting its use of CDBG funds and its supervision and adllinistration of the projects. The SubGrant-shall provide full ace••• to th••• books and records to the County, the Secretary of HUD or bis design••, the Office of Inspector General, and the General Accounting Office so that coapliance with Federal lava and regulations aay be confiraed. The SubGrantee further agr••• to provide to the County upon requut, a copy of any audit reports pertaining to the SubGrant-•• financial operations during the tera of this agre ... nt. J. aeportia9 Th• SubGrant•• shall file all reports and other inforaation necessary to coaply with applicable Federal lava and regulations as required by the County and BOD. Thia shall include providing to the county the inforaation necessary to coaplete the Grant- Perf oraance Reports in a tiaely fashion. It. 'l'iaeliaeas Th• SubGrantee has aubaitted to the County, along with its proposal, a description of the work to be perforaed, a budget, and a tiaetable delineating the length of ti-needed for each project phase, if applicable, through the coapletion of the projects. Th• SubGrant•• shall coaply with ti-table for c:oapletion of the projects. Th• SubGrant•• understands that failure to coaply vith 6 ... I . • 0 1 32 x l - - • • " - • I• • (. the ti-table aay lead to a cancellation of the projects and a lo•• of all unexpended funds, unlu• the county deter.in•• that there are extenuating circuastancu beyond th• SUbGrant••'• control and that the projects will proceed within a reasonable length of t1-. The tilletabl•'• impl ... ntation shall begin when the County provides written notification to the SubGrant•• to proceed. L. aeiaburseaeat ~or..,.._ •• The SubGrant•• agr••• that before the county can distribute any CDBG funds to it, the SubGrant•• aust subai t to the County'• Housing and community Developaent Services Division docuaentation in the fora required by that Division which properly and fully identifies the aaount which the SubGrant .. i• requesting at that ti-. The County ahall have ten (10) working day• to review the request. Upon approval of th• request, th• County will distribute the requested funds to the SubGrant .. or directly to the appropriate subcontractor or vendor a• soon•• posaible. a. ftOCJZ'-Iacsaae All progr .. incoae derived froa the Arapahoe County Coaaunity Developaent Block Grant Prograa received by the SubGrant•• will be retained by the SubGrant•• and will be dispersed for it• approved CDBG project activitiu before additional CDBG fund• are requested froa the county. Following coapletion of the SubGrant .. ' • Arapahoe county CDBG Projects, all prograa incoae directly 9enerated froa the use of CDBG funds will be r .. itted to the County. •· asset 11aU9...at Any single parcel of r-1 property under th• SUbGrantee'• control that was acquired or iaproved in whole or in part with CDBG funds in exc••• of $25,000 will either: 1. B• used for an eli9ibl• CDBG activity, -deter.ined by the county, for a ainiaua of five (5) years followinCJ coapletion of the SUbGrant .. •• projects; gs 2. Be disposed of in a aanner that results in the County'• beinCJ r•iabur•ed in the aaount of the current fair aarket value of the property lus any portion of the value attributable to expendituru of non-COBG funds for acquisition of, or iaproveaents to, the property. Reiaburseaent ia not required after five (5) year• following coapletion of the SubGrant .. •• projecta. o. atat• ud comat7 Law coapUaaae All responsibilities of the SubGrantee enuaerated herein .shall be subject to applicable State atatutes and County ordinances, resolutions, rules, and regulations. •· bYiroueatal a .. 1 .. 7 ..... ' . ( • . .. I. • 0 - • • • • 0 I • • '· The SubGrant•• agr••• that no CDBG funds will be legally obligated to any project activity before the County has completed the environaental review procedures, as required by 24 CFR Part 58. Q. 8\lbooatracts If subcontracts are used on the projects, the SubGrant•• agrees that the provision• of this agre .. ent shall apply to any subcontract. a. auspaasioa or Teraiaatioa This agre .. ent aay be suspended or terainated by the County if the SubGrant•• aaterially fails to coaply with any tera of this agre ... nt. This agreeaent aay also be terainated for convenience by autual agr••••nt of the County and the SubGrant••· a. In the event that the Unit of General Local Govermaent should withdraw froa the County's •urban County• designation, this agre ... nt shall terminate as of the termination date of the County'• CDBG grant agre ... nt with BUD. T. The SubGrant-cert if i•• that to the best of its knowledge and belief: 1. No Federal appropriated funds bave been paid or will be paid, by or on behalf of it, to any person for infliaenc:i119 or attm1pti119 to influence an officer or eaployee of any a9ency, a llmlber of COIICJr-•, an officer or eaployee of C~•, or an employee of a Neaber of Contr•s in connection vith the avardi119 of any Federal contract, tbe aakincJ of any Federal 4Jrant, the aakincJ of any Federal loan, tbe enteri119 into of any cooperative ec,rna nt, and tbe extension, continuation, renewal, -.ndaent, or IIOdification of any Federal contract, 4)r&nt , loan , or cooperative agr .... nt; and, 2. If any funds other than Federal appropriated funds have been paid or vill be paid to any person for influenci119 or atteapti119 to influence an officer or eaploy-of any ec,ency, a lleaber of COIICJr-•, an officer or eaploy-of Conc,r-•, or an eaploy-of a llellber of COIICJr-• in coMection vith this Federal contract, 4Jrant, loan, or cooperative a4Jr .... nt, it vill coaplete and await Standard Fora-LLL, •Disclosure Fora to Report Lobbyi119,• in accordance vith it• instructions. If it is deterained by HUD or other federal agency that the expenditure, in whole or in part, for the SubGrant••'• projects or activity was iaproper, inappropriate or ineligible for reiaburs .. ent, then the SubGrantee shall reimburse the County to the full extent of the disallowance. 8 ' ,- • . .. I . 0 ' - - • • • ~. &. Lepl Liuilit7 UMI bapouiltlllq Tb• Partiu rec:ovnize and understand tbat the County will be the 9overnaental entity required to execute all vrant avreeaent:a received froa BOD pursuant to the County•• requuta for CDBG funda and tbat it will thereby becw and will be bald by BOD to be levally liable and ruponailtl• for tbe owrall adlliniatration and perforaance of the CD8G prograaa, including the projec:ta or activitiu to be conducted by the SUbGrantee. Accordingly, the SubGrant-avr ... tbat a• to ita projec:ta or activiti .. perforaed or conducted under any CDBG avr•••nt, tbe county aball ba,ra the neceaury adainiatrative control requir.d to ...t BUD requir9aent:a. 8. hrfOZIIUICle aa4 CGllpU.aacte JIDalt:o&'U9 Tb• County•• aupervi•ory and adlliniatrative obliptioaa to the SubGrant-pur•uant to paravrapb A above aball be liaited to the perforaance of the adainiatrative taaJta nace•aary to aake CDIIG fund• available to the SubGrantee and to provide a llonitorin9 Specialiat who•• job it will be to aonitor the varioua projects funded with CDBG aoniu to ensure that they coaply with applicable Federal lava and revulationa. c. bporU119 u DD 'l'be county will be ruponailtl• for confiraing the caapliance of the SubGrantee'• projects with applicable Federal lava and revulationa. '1'be county will further be ruponailtl• for .-ing tbat all neceaury report. and inforution, including tbe Grantee Perforaance Report., are filed with BUD and other applicable Federal a9enciu in a tiaely faabion. ' .. I. . 0 I - • • • "· In Witn••• Whereof, th• Parti .. bav• caused thi• agreeaent to be duly executed this ___ day of -----------' 1996. Witnea•: Atte•t: Cl~k to the Board Donetta Davidson . ....... . SUbcJrantH: __ c;;_i~.y~p•f..._.p,q .... 1111eerm'----.. ·-.· ·...,:-...,.;-::::::::::: . :-:..it :-:-:-:-: '.-.·<·.·.·.·.· ......... By: _________________ .:-··----:.:.:·:·:.:.: ......... Titl•=--------------~ Board of county Comaiaaioner• Arapahoe County, Colorado Polly Pa9e, Olairaan 10 -• • I'll . ' • . I. • 0 -• • • ·, • EXHIBIT A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CONTRACT CLAUSES scope _of work 24 C.F.R. S 570.503(b)(l) Should be clear, quantified, with performance criteria built in. Performance to include accoaplishllent of the product, method of ac:c:oaplishaent, tillling, ailHtones and personn•l assigned. There should be a very spec;ific budget, organized by task as well as line item. contract Administration 24 c.r.a. s 85.l&(b)(ll) Procedures regarding all contractual and adainistrative issues. This must include procedures for changing the scope, specifications, budget, or other provisions. Where 0MB Circular A-110 applies, see Attac:haant 0, Par. 3.c:.(9). Qnifogn Administration 24 c.r.a. s 570.502 Compliance with the requireaents of 24 c.r.R. Part 85, sc..tiaes referred to as the •ec-,n Rule. • Applicable to 9rant-s and subrec:ipients that are ~nt&l. entities. Subrec:ipients that are not CJC)Yernaental entities aust ccaply with specified Attac .... nts to OIUI Circular A-110. CP1t Princial•• 24 c.r.a. s 570.502 Coapliance with the provisions of QIIB Circular A-87 or A-122, as applicable. Conflict of Intwra1t 24 c., .•. S 570.611 No eaployee, officer or avent of~ sab9rant .. shall participate in Hlection, or ua tile award or adainistration of a contract if a conflict of in~t, real or apparent, would be involved. See also 24 c.r.a. I 85.36(b)(3) or Oll8 Circular A-110, Attachaent O, •ar. J.a., as applicable. Btsordlceeoina 24 c.r.a. I 570.503(b)(2) Describe records that aust be aaintained, includin9 eligibility, national objecti,,.s, financial, equal opportunity, etc:. s-also 24 c.r.a. I 570.so,. . , •. .. I· • 0 I - • • • (• • Reporting Requirements 24 C.F.R. S 570.503(b)(2) Describe all reporting requirements necessary to verify accomplishment toward m .. ting the project scope and to demonstrate compliance with other requirements. See also 24 C.F.R. S 85.36(i)(7) or ONB Circular A-110, Attachaant H, as applicable. Patent·, and copyrights 24 C.F.R. S 85.36(1)(8) • (9) Include any applicable provisions regarding rights to patented inventions and copyrighted material resulting froa the CDBG contract. Where ONB circular A-110 applies, ... Attachment O, Par. 4.h. Access to Records 24 C.F.R. S 85.36(1)(10) Access by city/county, Ccllptroller General, Secretary of HOD and their representative•, to any records relating to the project. Where 0KB Circular A-110 applies, aee Attachment O, Par. 4.i. Retention of Records 24 C.F.R. S 85.36(1)(11) All records relating to the project mast be retained three years after project auclit/cloae out. Where OJIB Circular A-110 applies, ... Attacbllent c. Program Inc9N 24 C.F.R. S 570.503(b(3) Description of all guidance on the cliapoaition and uae of progrui income. See alao 24 C.F.R. SS 570.500(&) and 570.504 Blvwnion of Assets 24 C.F.R. S 570.50l(b)(8) Provisions regarding the return of exceaa funds and requir ... nta regarding the poat-cloaeout uae of real property acquired or iaproY9d vi.th CDIG funda. Breach of contract 24 C.F.R. S 85.36(1)(1) Administrative, contractual and legal reaediea in instances of breach of contract, including sanctions and penalti.u. Where 0MB Circular A-110 appliea, aee Attachment O, Par. 4 .a. Termination 24. C.F.R. S 85.36(1)(2) For all contracts in exceaa of $10,000, description of how and under what circwaatancea a contract aay be terainated for caus~ and for convenience, including the basis for settlement. Where 0KB Circular A-110 applies, ... Attachment O, Par. 4.b. "'~ • . I· • 0 , - - • • • - 24 C.F.R. S 570.502 Compliance with 0MB Circular A-128 (State and local 90vernments) or A-133 (Nonprofits and higher education institution.). See also 24 c.F.R. Part 44 and 24 C.F.R. S 85.26. Lobbying 24 C.F.R. Part 87 No CDBG funds may be expended for lobbying purposH and payment• from other sources for lobbying aust be disclosed. Religious organizations 24 C.F.R. S 570.503(b)(6) Limitations and conditions on the use of CDBG funds by religious organizations. See also 24 C.F.R. S 570.200(j). Resident Aliens 24 C.F.R. S 570.613 Newly legalized resident aliens are not eligible to apply for CDBG funded direct benafits such u services, jobs and housing rehabilitation. unifogn Relocation Assistance and Real Property Acquisition Policies Act cuniform Act) 24 C.P.R. S 570.606 Requirements for real property acquisition procedures and benefits and services that anyone displaced must receive. Bonding and Insurance 24 C.P.R. S 85.36(h) Include with col\9truction contracts vith estiaated cost of $100,00 or more. Requires bid guarantees (51 of the bid), performance bond ( 1001 of t.be contract price) and payaent bond ( 1001 of the contract price). llbere OIIB Circular A-110 applies, see Attacbaent Band Attachaent O, Par. 4.c. Labor standards 24 c.r.a. s 570.603 In all construction contracts over $2,000 (except for housing rehabili.tation of properties containi.nCJ le•• than 8 . dwelling units), Davis-Bacon Act and related labor standards requirements apply. Use current vage rat•• applicable to the project and HUD-4010 which includes all required references. Sea also 24 C.P.R. S 85.36(1)(4), (5) and (6) or 0KB Circular A-110 Attacbllent O, Para. 4.e., f., and g., as applicable. Debarred contractors 24 C.F.R. S 570.609 Prohibit, use of debarred, suspended or ineligible contractors or subrecipients in any contract. ..... "' - ... I . • 0 I - • • • - Environmental 24 C.F.R. S 85.36(i)(l2) F,or all contracts and subcontracts over s100;000, include compliance with standards, orders and requireaenta iaaued under Section 306 of the Clean Air Act, Section 508 of the Clean Water Act, Executive Order 11738 and env.ironaantal Protection Agency regulations at 40 C.F.R. Part 15. Where 0MB Circular A-110 applies,••• Attachment O, Par. 4.j. flood Insurance 24 C.F.R. S 570.605 For acquisition rehabilitation, or construction in apeci:al flood hazard areas (aa deterained by FEKA), property auat have flood insurance. low;qy Efficiency 24 c.r.a. 85.36(i)(l3) Compliance with aand&tory •n•rCJY efficiency atandarda and policies in State enerCJY conservation plan iaaued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163). s .. also 24 c.F.R. Part 39. Thar• ia no equivalent provision in 0MB Circular A-110. Lead-eased Paint 24 c.r.a. s s10.&08 Prohibits uae of lead-baaed paint in residential atructurea. Requires notification of occupants. Provides for . inspection, testing and abateaant in specified circwutancea. Afbestos BPA/OSBA Wh•r• aabeatoa 1a present in property undergoing rehabilitation, Federal requirements apply r99&J:ding worker exposure, abatement procedures and disposal. See llotJ.c• CPD-90-44 for further details. Tltl• YI of the Civil Right• Act of 19§4 24 c.r.a. s 570.&0l(a) Compliance with P.L. 88-352. Applies to all projects. Prohibits diacriaination on grounds of race, color or national origin. Covers both the delivery of, and the participation in, all CDBG projects. s .. also 24 c.r.R. Part 1. ra1r Housing 24 c.r.a. s s10.&01cb) . Compliance with Th• Fair Housin9 Act. Prohibits discrimination on the basis of race, color, reli9ion, aex, national ori9in, handicap or familial status in all activities involving th• aaleA ~•ntal or financing of housin9. Publ le law90-284 and E.u. UOtiJ ,, - • . .. I . • 0 '32xl -• • • Discrimination Prohibition 24 C.F.R. S 570.602 Under provision of Section 109 of the HCQ Act of 1974, as amended, discrimination i.s prohibited on the basis of race, color, religion, national origin or sex. Also refers to discrimination on th• basis of handicap and age. Discrimination on the aa,11 of IAQdi,ca.p 24 C.F.R. Part 8 Compliance with Sec. 504 requlreaents. Covers prohibited discri.aination in -ployaent, benefits and progrus. • Establishes requir ... nts for applying Uniform Federal Accessibility Standards (UFAS) (s-24 c.r.R. Part 40 for UFAS) to contracts. IIOte that UFAS and • AIISI Standards• differ in important respects. AR9 Di,acriminati,on 24 C.P.R. Part 146 Covers prohibited discriaJ.nation by rec:i.pi.ents and subrecipients in all aspects of assisted prograas. Diacriaination i,n Employment 24 C.P.R. S 570.607(a) For construction contracts over tl0,000, ~hibits di.scri.aination in eaployaant by wakl119 Jrr;utJ,u Ordar 112H and related provisions applicable. IPPlPYNOt, traJ,nJ,n,q and GAAtrac;tinq Oppgrtupltzi•• 24 c.r~a. 1 57o.,o7(b) Under provi.ai.ons of Sgtl,m l pf Pe IAPl8M tm! Pdtee PeUlCZRNot ect pf ltH, ~ opporhllJ.U.. for t.nl•INJ and employaent of lower-lDCale ~ and opportalU.. for contracting with local fi.zaa. AppU.. to ul-cmatncta. Ki,nori,ty au1in•11 Entarpri•• 24 c.r.a. 1 15.31(•> Covers required actions by rec:i.pi.eat and contractors to secure participation of fi.ma owned and controlled by ainori ties, waaen and residents of labor surplus AJ:9a8. Where OHS Circular A-110 applies, ... Attachllent O, Par. 3. c. ( 3) • Compiled by: Office of Community Planning and Development Region VIII (Denver) June 1991 • .. I . • 0 I I - - COLtJJDf A .... u.. ............ ....... ......... ·; I . .... .,.....,..., .. .... .... ...... .. ..................... ., ............. ......... .... ............... ......... .,._ Allloilila ...... . . ........ TOTAL • • . • ' <. EXBIBD'B PROJECT BUDGET COUJIIII 8 COLUIIN C ....... TalC...tU.. _ _,cma....., ... • ......,..,...c ...... .... C....D) .,. - .,. - .... ... . .... .... .. .,., .... 'Jl,"5 11,"5 'Jl,"5 ,..., ....... ,,,.,,, .. ,,. 1J "~ ' ' • . COUJIIII D Iii °""' ...... c...i.11 (JI ......... .. .,. .,. 0 0 0 0 0 I . • 0 , - - • • • (, r ..... DUii -.. ~ m o•o•at ~ m.ocs aan aacra:ma ama~GII 14PIM I 'l'bia ADDIIIDOII llmlllD OIIZ aadifi• tbe Arapaboe county C:C-•nity De¥alopaant Block Grant AaJrNaent (•A,Jr....nt•) by and between Arapaboe County (•c:ounty•) and tbe rm a, NH......, (•SubcJrant:ee•), dated_ ~~~~~~~~~~~~~,1,,,. Wlll:IIDS, tbe A,Jr.-nt ( in Section III .B) , requ11-ea t:bat if any 8ubgrantee project invol..,.. construction activiti-, tben tbe Contractor Mlected by tba 8UbcJrant:ee mat prowide and -intain inauraace in tbe aaounta Mt forth tbarein; aad nDDS, pursuant to Section III ••• a, tbe SUbgrant:ee deai1-ea t:bat tbe county waive a portion of tbe inaurance requir ..... ta of Section III .B of A,Jreeaent; and IIBERDS, tbe county •CJZ"W to the waiver u noted berein. IIOlf, TIIDEPORE, IT IS AGREED by tbe County and tbe SlabcJrantN u follova: 1. '1'be SUbcJrantN aball require ita Mlected cantractor to provide and -intain pneral liability and property 1naurance in an amount not l•• than $100,000 by t.ba caatractor and to provide and -intain autaaabil• liability iMurance aad vorlmen'• caa,1wtion 1naurance requtr.d by Colorado lav. Proof of aucb 1naurance aball be provided to tbe aubJrantN. 2. '!'be SlabcJrantN and the county reaffira tbe proviaiona of Section III. P. , concerning adainiatration and indeanification concerninlJ perforaance of tbe A9r---,t. 3. All otber proviaiona of tbe a.Jr•=•nt not inconaiatent vitb tbia Addendua IIUaber One an reaffirlled. 11 . , • . .. I . . 0 ; • • ,. - . ,. • . . .. In Witnu• Whereof, the Parti .. bava caued thi• AddendUa to be duly Witneaa: Attut: Clerk to the Board Donetta Davidaon SUb)rantee :_""""'"c;..,1 .. tx~.JA111t~IM111111iwl,.ayqpd,1111,111i11-·.·.·.·.·.·.·.·.· ·.·.·.·.·.·.·.·.· ......... . -.-~·-··. . . . .. . . ·.·~·····.·.·.· . .. . ...... . -11 =--------------.... : ·'"': .-:,:: :::: :::: Title: ____________ ._._ ..... · · Board of county COllai .. ionera Arapahoe County, Colorado Polly Paqe, Cbairaan 12 • • I . . 0 - • • • :. - SUBGRANTEE AGREEMENT FOR THE 1996 ARAPAHOE COtJNTY COMMUNITY DEVELOPMENT BLOC)[ GRANT PROGRAM ,. ~ • This Agra ... nt is .. de and executed this day of , 1996 by and betvaen the Board of County ~coma,....._,.l-as~lo-n_er __ s---o~f_,.th.,....e---,c~ounty of Arapahoe, State of Colorado, for the coaauni ty Developaent Block Grant Progrma in the Coaauni services Departaent (hereinafter referred to u the County) and ftll C%ff o, DCU.mlOOD, a aunicipality in Arapahoe county {bereinatter referred to as the SubGrantH) tor the conduct of a Coaaunity Developaent Block Grant (COBG) Project for Progr .. Year 1996. t • .aa.oa• Tile priaary objective of Title I of the Housing and Coaaunity Development Act of 1974, as aaended, and of the coaaunity Developaent Block Grant (COBG) Progr .. under this Title is the developaent of viable urban coaauniti .. , by providing decent bousing and a suitable living environaent and expanding econoaic opportunities, principally for low and llOderate inco•• persons. The project by m C%ff cw DIILnDOD known u the DOUJl'aT ccw•tDOR tDW09DID'l'9 Do.1-='f (Project) bas been categorized as • ••mctaL M:Tlffff .aa ccwu•xn aum, Dff1ILORlm aaam:~a11a ~twtTI, and th• SubGrant•• will .. intain docuaentation with the DnGIDL aaJaC'l'Tff of IIOU8DIII a~tT activiti ... Th• SubGrantH .. y proceed to incur costs tor th• project as of June 1, 1996 unl••• aad• contingent under Section II-F., Labor Standards, or Section II-G., Environaental bviews, below, and/or •ubject to the SubGrant•• receiving an official 'Notice to Proceed' froa the County. Th• following provisions outline the scope of the work to be coapleted: Project will iaprove City's existing bousi119 stock by providing funds tor extensive renovations to badly deteriorated •11191• faaily owner occupied ho ... wbicb are unsuitable for th• City'• regular bousilllJ rehabilitation progr ... a. •ayaeat It is expressly agreed and understood tb.at the total aaount to be paid by the Grant•• under this contract aball not exceed $35,000. Drawdowna for the payment of eli9ible expen..-aball be .. de against the line it-budCJ•ta apecified in attacbed Exhibit B herein and accordance with performance. lxpenaea for 9eneral 1 . . ,.. , .. ., J. ·v;-u .. I. • 0 '32 x l - • • 0 ,~ . • ' adaini•tration •hall al•o be paid againat the line it-budget. •pacified in Exhibit Band in accordance with performance. • • l'laelb• Tbe project will be coapleted by~· 1, 1997 unlu• thi• Agreeaent is aodified by autual aqr....nt of the partiu. c. ~ozsana• criteria Project funding will accoapli•b the following: Provide loana and/or qranu to one or aore Bn;levood homeowner• for the purpo•• of extenaive bouincJ renovationa. D. hportiJMJ a.pir-.u 1. Eacb SuhGrant•• Dravdovn ltaquut will include proqr .. • report. for the period for vhicb payment is being reque•ted. 2. Quarterly project report. will be due within 30 days following the end of ucb quarter (March 31, Jun• 30, Sept~r 30, Decmaber 31) until the Project is coapleted. 3. Final Report is due 45 days after completion of the Project. 4. Annual and Audit Report. -The official Annual Report and Annual Audit for the SuhGrant .. in vhicb both revenue• and expendituru for th• CDBG Financial Projects ducribed herein are detailed. Du• annually, not later than June 30 of ucb year. •· Laltor atall4arcl• (Da•ia-aacoa> It is deter11ined that: Project does not involve activities vhicb require compliance with federal labor •tandards. Environaental reviews will be perfora.d by Arapahoe County upon Hlection of individual situ in order to deter.in• whether environaental action is required. III •... ,mraiaILffIU a, BS avacaana &. •ederal coapli-o• Tb• SuhGrant .. shall take all actiona that are appropriate and required of it to coaply vith th• applicable provisions of the grant agre ... nts received froa the U.S. Departaent of Rousing and 2 ...... ,, - • . .,, I· • 0 '32 x l - - • • • ,. - 0 ; .. - Orban Develop-nt (BOD) by the County. Th••• include but are not li.Jlited to coapliance with the provi•ions of th• Housing and co-unity Davalopaent Act of 1974 (ACT) and all Rul-and Regulation•, guidalin-and circular• promulgated by the varioua federal dapartaants, aganciu, adJliniatrations and coaai••iona relating to th• CDBG Prograa. Nora •pacifically, the SUbGrantaa and the County ahall uch take all required actions to coaply with the proviaions of 24 CPR Part 570, Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, Section 104 (b) and 109 of the Housing and Coaaunity Davalopaent Act of 1974, 24 CFR Part 85, SUbpart It of 800'• On~fon Adllini•trativa llaquiraaant for Grants and Cooperative Aqr...anta, the regulations applying to ainority buain-• enterprise, 24 CFR 570.904, the lud baaed paint regulations 24 CFR 570.608 and 24 CFR 35, and with 0MB Circular A-87, Coat Principle• for State and Local Govarnaanta. Attached hereto as Exhibit A and incorporated herein by thi• reference i• a •uaaarv of provisions aaaociated with th• co-unity Davalopaant Block Grant Proqraa which aball be followed by the SUbGrantH unl-• it is datarained to be inapplicable. Additionally, in accordance with 24 CPR Part 570, no aaployaa, official, agent or conaultant of th• SUbGrantH aball exercise any function or raaponaibility in which a conflict of intaraat, real or apparent, would arise. The SubqrantH cannot engage in a federally funded contract with any entity raqiatered in the Li•t• of Parti- Excluded Fro• Federal Procureaant or Nonprocureaant Programs. Thia publication i• available in Arapahoe County through the Housing and Co11JDunity Davalopaent Sarvicu Diviaion. •· SUparviaion aa4 adai.Jaiatrativa control Aa to any project• conducted during Program Year 1996, the SubGrant•• agrees, in accordance vi th Section III, paragraph A above that the County •ball have ulti.Jlate •uparviaory and adJlini•trativa responsibility, but the SubGrantH ahall be responsible for the axpanditure of the funds allocated for its projects or activities and for the construction or parforaance of its projects or activities in coapliance with all applicable Federal laws and requir ... nta relating to the CDBG Prograa. c. lloa-appropriatioa• Clause The SubGrant•• agrees that it vill include in every contract it enters, which relies upon CDBG aoniu for funding, a non- appropriation clause that will protect itself and the County froa any liability or responsibility or any •uit which aight r-ult froa the di•continuance of CDBG funding for any reason. Because this Subqrant•• Agrea .. nt involv-funds froa a federal grant, the funding provisions of this SubqrantH Aqreaaent, the federal grant and . the federal atatutu control rather than the provisions of Section 24-91-103.6, C.R.S. with regard to any public work projects. D. a.panditure aut.rictiou l ,·-:------.~ ..... --.... --• • . I· • 0 '32xl - -- • • • • All CDBG funds that are approved by ROD for expenditure under the County's grant agre .. ent, including those that are identified for the SubGrantee's projects and activities, shall be allocated to the specific projects and activities described and listed in the grant agr•-•nts. The allocated funds shall be used and expended only for the projects and activities for wbich the funds are identified . •• Aqr...aJlt CllaJaqes No projects or activitiu, nor the aaount allocated therefor, aay be changed without concurrence by the County and acceptance of the revised Pinal Stateaent and/or Consolidated Plan by RUD, if required. Chang .. 11\lSt be requested in writing and aay not begin until a aodification to this Agre ... nt is fully executed. •· Direct ~ojec:ts SUperYisioa aa4 adaiaistratioa Tb• SubGrantee shall be ruponsibl• for the direct supervision and adainistration of its respective projects or activities. This task shall be accoaplished through the use of the SubGrantee's staff, agency and employees. Tb• SubGrantH shall be responsible for any injury to persons or damage to property resulting fro• the negligent acts or errors and omissions of its staff, agents and .. ployees. Subgrantee, within its legal al:>ility to do so under the Constitution of the State of Colorado and its ho .. -rul• charter (if contractor is a home-rule aunicipality) and without in any way or aanner intending to waive or waiving the defenses or liaitations on damages provided for under and pursuant to the Colorado Governmental Immunity Act (Sec. 24-10-101, et seq. C.R.S.), the Colorado Constitution, its home-rule charter or under the common law or the laws of th• Uni tad States or th• State of Colorado, shall indemnify and save haral .. s the County against any and all damages which are recovered under the Colorado Governa~ntal I-unity Act and reduced to final judg .. ent in a court of competent jurisdiction by reason of any negligent act or oaission by Subgrantee, its agents, officers, or employees, in connection with the perforaance of this contract. a. Iademaity Because the SubGrantee is ruponsible for the direct supervision and adainistration of its projects or activities, the County shall not be liable or responsible for cost overruns by the SubGrantee on any projects or activiti... The County shall have no duty or obligation to provide any additional funding to the SubGrant•• if its projects or activities cannot be coapleted with the funds allocated by the County to the SubGrant••· Any cost overruns shall be the sol• responsibility of the SubGrantee. 1. Th• SubGrantee agrees that all funds allocated to it tor an approved projects or activities shall be used solely for the purposes approved by the County. Said funds shall not be used for any non-approved purposes. 4 • . .. ., I· • 0 '32xl -• • • . . 2. The SubGrantH agr••• that the funda allocated for any approved projects or activiti .. ahall be aufficient to coaplet• aaid projects or activiti .. without any additional CDBG funding . •• %Jaa1lraaae If the SUbGrante•'• projects involv• conatruction activiti•, any Contractor it us• for Aid activiti• ahall be required to provide and -intain, until final acceptance by the SUbGrantH of all work by •uch Contractor, the kinda and ainiaua UIOWlta of inauranc:a u follows: 1. Coaprehenaive General Liability: In tile aaount of not 1 ... than $600,000 coabined •incJl• liait. Cov.ra9e to include: a. Preai ... Operationa b. Products/Coapleted Operationa c. Broad Pora contractual Liability d. Independent Contractor• •. Broad Pora Property Daaage f. Eaploye .. as Additional Inaured 9. Personal Injury b. Arapahoe County and the SUbGrantH a• Additional N-ed Inaured 1. Waiver of Subrogation 2. Coaprehensive Automobile Liability: In the uiount of not l••• than $600,000 coabined •incJl• liait for bodily injury and property daaa9e. coverage to include: a. Arapahoe County and th• SubGrantH u additional Naaed Inaured b. Waiver of Subrogation 3. Ellployer• Liability and Workers Coapenaation: The Contractor ahall aec:ure and uintain eaployar'• liability and Worker'• Coapenaation Inaurance that will protect it a9ainat any and all claiaa reaulting froa injuri• to and d-th of worker• e119a9ed in work under any contract funded purauant to thia agreeaent. Covera9e to include: a. Waiver of Subrogation 4 • Additional Naaed Inaured: All referenced inauranc:a polici•• and/or certificat .. of inaurance aball be aubject to the following atipulationa: a. Underwriters ahall have no ri9bta of recovery subrogation a9ainat Arapahoe County or the SubGrantee; it being the intent of tbe parti• that the inaurance policiu ao effected aball protect tbe parti• and be pr1-ry covera9e for any and all lo•••• covered by tbe deacribed inauranca. 5 I. • 0 I - • 5. • • • b. Th• clause entitled •other Insurance Provisions• contained in any policy incluc:ling Arapahoe County aa an additional naaed insured shall not apply to Arapahoe County or the SUbGrantee. c. Th• insurance caapani•• issuing the policy or policies shall bave no recourse against Arapahoe County or the SUbGrant-for payaent of any pr-iuaa due or for any a••••aents under any for. of any policy. d. Any and all deductibl-contained in any insurance policy shall be auuaed by and at th• aol• risk of the Contractor. Certificate of Insurance: Tb• contractor shall not coaaence vork under any contract funded pursuant to this avrewnt until be baa aubaitted to the SUbGrant-, received approval thereof, certificat-of insurance aboving that be baa coapli~ with the foreqoing insurance requireaents. 'l'h• SubGrant-aball also await a copy of the Contractor'• certificat-of insurance to the County. 6. Notwithstanding the provision• contained in this paravraph (B) Ht forth hereinabove, the County r••erv- th• right to aodify or waive said provisions for projects or activitiu for vbicb th••• provisions would prove prohibitive. 'l'h• SubGrant•• understands, however, that the decision to waive or aodify tho•• provision• is fully within the discretion of the County. 'l'h• SubGrant•• aball aaintain a complete ••t of book• and record• docuaenting its uae of CDBG funds and its auperviaion and adainiatration of the projects. 'l'be SubGran~ shall provide full acceaa to th ... books and records to the county, th• secretary of BUD or bi• d-iCJftH, the Office of Inspector General, and th• General Accounting Office so that coaplianc• with Federal lava and r-,ulationa -y be confu.ed. 'l'h• SubGran~ further agrees to provide to th• County upon raqu-t, a copy of any auc:lit reports pertaini119 to the SubGrant-·• financial operations during th• ten of this avr..-nt. Th• SubGrant•• shall file all reports and other info~tion neceaaary to coaply with applicable Federal lava and regulations as required by th• County and BUD. Thia ahall include providing to the county the inforaation neceaaary to coapl•t• the Grant•• Perfor.ance a.ports in a tiaely fashion. s. ~iaelia .. a ' • . ' .. I . • 0 I - - • • ,,,_ • • Th• SubGrant-ha• aubaitted to the county, along vith its proponl, a deacription of th• work to be perforaed, a budget, and a ti.aetable delineating the length of tiae ~ed for uch project phaae, if applicable, thrOUCJh th• completion of the projecta. ft• SubGrant•• shall coaply vith tiaetabl• for coapletion of the projecta. Th• SubGrantee underatanda that failure to caaply vith the ta.table MY 1-d to a cancellation of the projecta and a lo•• of all unexpended funda, unlua the County deterainea that there are extenuatinq circuaatancu beyond the SubGrantH'• control and that the projecta vill procHd within a ruaonable lenqth of tiM. ft• tiaetabl•'• iapl ..... tation aball bec)in when the County providu written notification to the SUbGrantH to proceed. r.. ..iabarNaat ror ........ 'rile SubGrant-aqreea that before the County can diatrilNte any CDBG f\lnda to it, tbe SUbGrantee auat aubai t to the County'• Bouainq and ccmmnity Dewlopaent Servicu Diviaion doc:WNntation in th• fora required by that Diviaion which properly and fully identif i•• the aaount which the SubGrant•• ia requutinq at that tiae. ft• County shall bava tan (10) working daya to review the request. Upon approval of the requeat, the County vill diatribute the requeated funda to the SubGrant•• or directly to the appropriate subcontractor or Yandor a• aoon as poaaible • •. •rocar-IIICGIM All prograa incoae derived froa the Arapahoe County Coaaunity Development Block Grant Prograa received by the SubGrantH vill be retained by the SubGrant .. and vill be disperaed for its approved CDBG project activitiu before additional CDBG funda are requ .. ted froa the County. Pollovinq coapletion of the SubGrantee' • Arapahoe County CDBG Projecta, all prOC)ru incoae directly 9enerated froa the ue of CDBG funda vill be reaitted to the County • •• a.-t~t Any ainql• parcel of real property under the SubGrantee'• control that vH acquired or iaproved in whole or in part vith CDIIG funda in exce•• of $25,000 vill either: 1. Be ued for an eligible CDBG activity, a• deterained by th• County, for a ainiaua of five (5) year• follovinq coapletion of the SubGrantH'a projecta; ga 2. Be diapoaed of in a unner that ruulta in the County'• beinq reillburaed in the aaount of the current fair aarket value of the property l••• any portion of th• value attributable to expendituru of non-c:DIIG f\lnda for acquiaition of, or iaproveaents to, th• property. aeiaburaeaent ia not required after five (5) years follovinq coapletion of the SubGrantH'• projecta. o. atate ... CoUtJ' r.aw CGapliaaoe 7 • . I . • 0 1 32 x l - • "' -• • ·, • - Al.l r-ponsibiliti-of the SubGrant•• enuaerated herein shall be subject to applicable State atatut-and County ordinances, resolutions, rul-, and regulations. •. bTiro--tal a.Ti- The SubGrant•• agr••• that no CDBG ·funds will be legally obligated to any project activity before the County ha• coapleted the environMntal review procedures, as required by 24 CPR Part 58. Q. hbooatrac:ta If subcontracts are used on the projects, th• SubGrant•• agr.- that the provisions of this agr...ant shall apply to any subcontract. a. .......ioa or hzaia&Uoa Tiu.a agr..-nt -Y be auapended or terainated by the County if th• SUbGrantH -terially fails to coaply with any tar1I of this agr....nt. Tbi• agreeaent aay also be terainated for convenience by autual agr•-•nt of the County and the SubGrantH. a. In th• event that the Unit of General Local Governaent should withdraw fro• th• County'• •urban county• d-ig,:iation, this agre ... nt shall terainate as of the ter.ination date of the County'• CDBG grant agr•-•nt with BOD. '1'. The SubGrant•• certifies that to the ~t of its knowledge and belief: v. 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employ .. of any agency, a lleaber of congress, an officer or employ.. of Convrea•, or an eaployH of a llellber of Congr••• in connection with the awarding of any Federal contract, the aaking of any Federal grant, the aaking of any Federal loan, the entaring into of any cooperative agreeaent, and the extension, continuation, renewal, ... ndllent, or IIOdification of any Federal contract, grant, loan, or cooperative agreeaent; and, 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Neaber of Congress, an officer or employee of Congr•••, or an employee of a llellber of Congress in connection with this Federal contract, grant, loan, or cooperative agre ... nt, it will complete and aubllit standard rora-LLL, •oiaclo•ur• Pora to Report Lobbying,• in accordance with its instructions. Diaallowaaoe I ' •. .. ., I • • 0 - - • ,. - . "" • . . " If it is deterained by BOD or other federal agency that the expenditure, in vbol• or in part, for th• SUbGrantee'• projects or activity vaa improper, inappropriate or ineli9ibl• for rei.aburseaent, then the SUbGrantee aball reiaburae th• County to the full extent of the di-llovance. ff. mwonmn.ffl:a a. m couw1 &. Lepl Lialtill~ u4 ....... DiU.~ Tb• Parti-recovniae and undentancl that the County will be th• CJO~tal entity nquired to uacuta all vrant ac,r..._ta receiftd frall llUD purauant to the County'• nqueata for CDIIG funds and that it will tbereby becaa and will be bdd by BOD to be 1-,.lly liable and reaponaible for tbe owarall adainiatration and perfrm of 1:be CDIIG prOiJZw, iaclading tM projec::ta or activiti-to be conducted by the ~-AccordinlJly, the 8ubGrantee ~ that u to ita projec::ta • activitia perfamad or canclucted under any CDIIG atr•••nt, the County aball baw tile neceuary adainiatrative control required to _.t BOD nquireaenta. a. hdozaaac• u4 caapU.aaGe lloaUoriag Th• county•• supervisory and adainiatrative obli9ationa to th• SubGrantH pursuant to paraqrapb A above aball be liaited to tile performance of the adainiatrative taau necea~ to aak• CDIIG funda available to tile SUbGrantee and to provide a llonitorinCJ Specialist vbo .. job it will be to aonitor the various projec::ta funded with CDBG aoni-to ensure that they ca.ply with applicable Federal law and recJUlationa. c. hpOrtiag to 1111D Tb• County will be ~ponsibl• for confirainCJ tile caapliance of the SubGrantH'• projects with applicable Federal law and rerJll).ationa. Tb• County will further be reapoaaibl• for ... 1n9 that all nee-~ reports and inforaation, includinlJ tbe Grantee Performance Reports, are filed with BUD and other applicable Federal a9enci-in a tiaely fuhion. I _.._....__ --.......__. --~~. .. -r, .. . ' •, ' I . . 0 - • ,. -. • • • ... executed thia ___ day of -----------• 1,,,. Witneaa: Attat: Clerk to the Board Donetta oavidaon . ....... . . . . . . . . . . Subl)rantee: __ .11S•iR.a.&..:A11f..,.IDR11111111,l1i1cerms'am,..L---,! :,..: :,..f.;:i:: < '.::::: ....... . . . . . . . . . . ·.·.·.·.·.·.·. ay:~~~~~~~~~~~~-- Title: _____________________ __ Board of County Ccaainioner• Arapahoe county, Colorado Polly ..... Cbairaan 10 . , • . I. . 0 - - • • • • (' • EXHIBIT A CO~ITY DEVELOPIIENT BLOClt GRA!ff PROGRAM CONTRACT CLAUSES sco911 _of work 24 c.r.a. s 570.50l(b)(l) Should be clear, qu.&nti.fied, vi.th perfocunce criteria built in. Perfo~e to include accoapU.s!aent of the product, .. thod of accaaplishaent, tiai.Ag, ai.lestones and peraomtel usigned. There should be a ,rezy specific budget, organi.zed by task as well u U.ne itaa. contract Adainistration 24 c.r.a. s 85.36(b)(ll) Procedures regarding all contractual and adwfnlstrative i.ssues. Thi.• au.st include procedu.ns for changin9 the scope, specifi.cations, budget, or other provisi.ons. Where 0MB Circular A-110 appli.es, s .. Attac:Jaent O, Par. 3.c.(9). unifogp Administration 24 c.r.a. s 570.502 Compliance with the requireaenu of 24 c.r.a. Part 85, sometimes referred to u the •c.._.-a Rule. • Applicable to grant .. • and subrecipienta that ·~ ~ntal entities. Subrecipients that are not governaental enti.ti.es aut ccmply with specified Att&chaenta to OIIB Ci.rcul&r A-110. Coat Principles 24 c.r.a. s 570.502 Coapliance with the provisions of CIIB Circular A-87 or A-122, aa applicable. conflict of Int•rw•t 24 c.r.a. s s10.611 llo employee, officer or agent of the sabgrantH shall participate in selac:ti.on, or in the award or adaini.atrati.on of a contract if a conflict of interest, real or apparent, would be involved. S.. also 24 c.r.R. s 85.36(b)(l) or 0MB Circular A-110, Attachaent O, Par. 3.a., as applicable. BtsArdJcaePiDR 24 c.r.a. s 570.50l(b)(2) Describe records that au.at be aaintained, including eligibility, national objectives, financial, equal opportunity, etc. SH also 24 c.r.R. s 570.506. •. .. I . • 0 , -• • , . • (, Reporting Reguir-,nts 24 C.P.R. S 570.503(b)(2) Describe all raportinq raquirellents necessary to verify accomplishment toward ... tinq the project scope and to demonstrate c:ompli.anca with other requirements. Sea also 24 C.F.R. S 85.36(1)(7) or OIIB Circular A-110, Attachaant B, as applicable. Patent ·, and CoPvriahts 24 C.P.R. S 85.36(1)(8) '(9) Include any applicable provisions ra9&rdin9 ri9hts to patented inventions and copyriqhtad aatari&l rasultin9 f%OII the CDBG conuact. lfhara OIIB circular A-110 applies,•- Attachaant O, Par. 4.h. lsiCIII tP Bts;grcts 24 C.P.R. S 85.36(1)(10) Accasa by city/county, Ccaptrollar General, Sacntary of HOD and their raprasantativaa, to any records ralatinCJ to the project. lfbare OIIB Ci.rcular A-110 applies, •- Attachaant O, Par. 4.i.. BWt•ntion of Bec;ordf 24 C.P.R. S 85.36(1)(11) All rac:orda relating to the project aast be ratainad three y.ara after project awlit/cloaa out. Whan OIIB Circular A-110 applies, •-Attac:lmant C. Prpqrg IncQN 24 C.P.R. S 570.503(b(3) Description of all gui.danca on the disposition and uaa of procJr-incoaa. Sea alao 24 C.!'.R. SS 570.500(a) and . 570.504 Bcuraion of a,sets 24 C.P.R. S 570.503(b)(8) Provisions ra9ardi.n9 the return of aJECasa fllftd9 and raquir-nts rac,rardinq the post-closeout ua of real property acquired or iaprovad vi.th CD8G funds. Breach of contract 24 C.P.R. S 85.36(1)(1) Administrative, contractual and l99al r8118dias in instances of breach of conuact, inclwlin'cJ sanctions and panaltiu. Where 0MB Circular A-110 applies, sea Attachaant O, Par. 4.a. Termination 24. C.P.R. S 85.36(1)(2) Por all contracts in axe••• of $10,000, description of bow and under what circwastancaa a conuact aay be tarainat.ed for caus-and for convenience, i.ncludin9 the basis for settlement. Where 0MB Circular A-110 applies, sea Attachment O, Par. 4.b. .. I . • 0 I - • • • • 24 C.F.R. S 570.502 Compliance with OHB Circular A-128 (State and local governaents) or A-133 (Nonprofits and higher education institutions). s .. also 24 c.r.R. Part 44 and 24 C.F.R. S 85.26. Lobbying 24 C.F.R. Part 87 No CDBG funds aay be expended for lobbying purposH and payments from other sources for lobbying aust be disclosed. Bllislou, OrR1niz1tion1 24 c.r.R. S 570.SOJ(b)(6) Limitations and conditions on the uae of CDBG funds by religious organizations. See also 24 C.P.R. S 570.200(j). RHid•nt AJ.i•o• 24 C.P.R. S 570.&lJ Newly legalized resident aliens are not eligible to apply for CDBG funded direct benefits such as services, jobs and housing rehabilitation. uniform Relocation A11istanc1 and Boal Property Acquisition Policies Act <Yniform Act) 24 c.r.R. s s10.,06 Requirements for real property acquiaition procedures and benefits and services that anyone displaced aust recei,,.. Bonding and Insurance 24 c.r.a. s 85.l&(b) Include with construction contracts with estiaated cost of $100,00 or aore. Raquires bid parantees (51 of tba bid), performance bond ( 1001 of tba contract price) and payaant bond ( 1001 of the contract price). llbere OIIB Cucular A-110 applies, s .. Attacbaent 8 and Attachaent O, Par. 4.c. Labor standards 24 c.r.a. s s10.&0J In all construction contracts over $2,000 (except for housing rehabilitation of properties containing less than 8 . dwelling units) , Davis-Bacon Act and related labor standards requirements. apply. Use current wage rates applicable to the project and BUD-4010 which includes all required references. s .. also 24 c.r.R. I 85.36(1)(4), (5) and(&) or OHB Circular A-110 Attachaent O, Pars. 4.e., f., and g., as applicable. Qebarrad contractors 24 c.r.a. s 510.,0, Prohibit, use of debarred, suspended or ineligible contractors or subrecipients in any contract. "' - • . I . • 0 I - • • • - Envirorunental 24 c.r.R. s 85.36(i)(l2) For all contracts and subcontracts over $10o;ooo, include compliance vi.th stand&rds, orders and requi.r-nts issued under Section 306 of the Clean Air Act, Secti.on 508 of the Clean Water Act, Executi.ve Order 11738 and envi.ronaantal Protection Aqency regulations at 40 C.!'.R. Part 15. Where 0MB Circular A-110 applies, see Attachllent O, Par. 4.j. Flood Insurance 24 c.r.a. s 570.&05 For acquisition rehabilitation, or construction in spec:Jial flood hazard areaa (as detu:ained by !'EMA), property auat have flood in9urance. lowrqy Efficiency 24 C.!'.R. 85.36(1)(13) Coapliance with aandatory energy efficiency standaxds and policies in State energy conservation plan issued in compliance wi.'th the Energy Poli.cy and Conservation Act (Pub. L. 94-163). See also 24 c.r.R. Part 39. There i.s no equivalent provision in OIIB Ci.%Cular A-110. Lead-Based Paint 24 c.r.R. s 570.608 Prohibits use of lead-based paint in residenti.al structures. Requi.res noti.ficat.ion of occupanu. Provides for inspection, testing and aba~t in spec:i.fied ci.rcumstances. · Ala1to1 EPA/OSHA Where asbestos is present in property undergoi.ng rehabilitation, Federal requ~nts apply recJardiJuJ worker exposure, aba~nt procedures and disposal. SN llot.ice CPD-90-44 for further deta.ils. Title YI of the Civil Rights Ast pf 1964 24 c.r.a. s 570.60l(a) Compliance with P.L. 88-352. Applies to all projec:ta. Prohibits di.serial.nation on grounds of race, color or national origin. Covers both t _he delivery of, and the participation in, all CDBG projects. SN also 24 C.!'.~. Part 1. Fair Housing 24 c.r.R. s 510.&0l(b) . Compliance with 'l'he Fair Housin9 Act. Prohibits discrimination on the basis of race, color, religion, sex, national origin, handicap or faailial status in all activiti,s involv~g the s•led centAl or financing of housing. Public hw90-ZB4 1nd E •. UOtiJ ..... . ' • . .. I . • 0 I - • • • • • . . Discrimination Prohibition 24 c.r.R. s 570.602 Under provision of Section 109 of the HCP Act of 1974, as amended, discrimination u prohibited on the basis of race, color, religion, national origin or sex. Also ref,rs tc discrimination on the basis of handicap and age. Discrimination on th• aasi• pf RandiCIP 24 c.r.a. Part a Compl.i,anc• with Sec. 504 requ~nu. Covers prohibited. discriainati.on i.n eaployaent, benefi.ts and progr.... :· Establish•• requi.r-nt.s for applJ'i.lUJ Unifoaa Federal · .AcceHibili.ty Standards (Ul'AS) <•• 24 c.r.R. Part 40 for UFAS) to contracts. llote tut Ul'AS and •usI standards· differ in iaportant respects. ,1qa Discrim,inatipn 24 c.r.a. Part 146 Covers prohi.bited di.scri.ai.nation by recipient• and subrecipient• in all .. pecu of assisted programs. Discrimination in Employmant 24 c.r.a. s 570.607(•> ,, - For construction contracts over $10,000, prohibits discriainati.on in aaployaent by aaJtin9 ggcutiya Ordar 1124§ and related proviaiona appli.cable. IPPlPYNDt, Tra.Wpq M4 caograet;.lne OppgE1iJ1Dit:&e1 24 C.P~R. S 570.607(b) Under ,provJ.siona of frtign l pf Pt 19Ming and VOID PnwlPRMnt act pf HH, requires opportwutiH for traiA1J19 and eaployaent of l«RMr-iDcaae persons and apportanities for contractinq with local fima. Al)pli.es to all-contracts. JU,poritv au1i0911 1Aterari1e 24 c.r.a. s 85.J&C•> Coven required actions br recipient and contractors to secure participation of fU11S ownad and controlled br ainorities, waaen and residents of labor ew:plua areu. Where 0MB Circular A-110 appli.es, •• Attachment O, Par. 3 . c. ( J) • Compiled by: Office of C0111111unity Planning and Development a.gion VIII (Denver) June 1991 • < .. I. • 0 , ':t? I - COLUIIN A a.,...u. ............ ........ ........ . Lill !Ir...,...., ... .... Nam ...... . . ....... L ...... Alliwilill • Lill !Ir ......,__,,_ ........ , C I .,..,..._ ..... Mlioilia ....... + Allllililo 'IOl'AL ...._ . .,.,s.n. • • • (. EXBIBITB PROJECT BUDGET COUJIIII 8 COLDIDf C ...... ,....c..,u. .._.,cal ...... a.a• Allloilr tc:a-C ..... .... C....Dl . .,. • ,Ila .. JS.a JS.a IS-IS- IS-·- " -. ' .. COLUlllf D a..w,...C.......OI ......., .. - .. 0 0 0 I. • 0 . ..,~ ... r,, I - - • • • ,.. • <, aDDIIIIDGII m cam ~ m OCWHI'i'i............., m.ocs aan D~Y COPPIDCP IDIWfWWWI a81Nlft ,,,_ Thi• ADDDDUN IIUIIIID on aodifi-the Arapahoe county co-unity Developaent Block Grant A9reaant (•A9r....nt•) by and between Arapahoe c:ounty (•county•) and the cm OI' am.noao (•SUbcJrantee•J, dated_ -~~~~~~~~~~~~,1996. IIIBDEIS, the A9rewnt ( in Section III .B) , requir-tbat if any SubcJrantee project involves construction activiti-, then the contractor .. lected by the SubcJrantee auat provide and Mintain inaurance in the aaounta Ht forth therein; and WBDPB, pursuant to Bec:tion III. B.6, the SUb)rantae deairaa tbat the County -ive a portion of the inaurance requirwnta of aection III.B of A9Z'Naent; and IIIIDDS, the COunty agr ... to the waiver u noted berein. IIOW, THEREFORE, IT IS AGREED by the County and the SUbgrant-.. followa: 1. Tb• SUbCJrant-aball require ita Nlected contractor to provide and Mintain 9eneral liability and property insurance in an a.aunt not 1 ... than $100,000 by the contractor and to provide and Mintain automobile liability insurance and vorlmen' • c:oapenaation insurance required by Colorado law. Proof of aucb inaurance aball be provided to the SUbgrantee. 2. Tb• Subc;rran~ and the county reaffira the provisions of Section III. P. , concerninlJ adainiatration and indeanification concerniDCJ pertorunce of tbe A9rewnt. 3. All other provisions of t:be A9rewnt not inconaistent vith thi• Addendua lluaber One are reaffiraed. In Witnea• Whereof, the Parti-bave caused tbis Addendua to be duly .......... . ........ . . . . . . . . . . . . . ' ...... . . . . . . . . . . . <l:::::::::::: .......... . . . . . . . . . . Subc;rrantee :_ ...... c; ... 1 .. n-. .... a .. , ...... _ .. irrncad---_;..·:.::::::::::::::::. . ' ·- .. I. • 0 I - - Attut: Clerk to the Board Donetta Davidaon • • Board of county caaaiuionar• Arapaboe county, Colorado Polly ..... Cbairaan ,.. • . .. I. • 0 , "2->" I - - • • • • - SU8GRANTEE AGREEMENT FOR THE 1996 ARAPAHOE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CONTINUING ~LUl10N FUNDING Thia Agreeaent is -d• and executed this day of , 1996 by and between the Board of County ~C~o..,..-~la"'"a..,..l.-o--n--er---•-o""f.....,th,......•--,C='ounty of Arapahoe, State of COlorado, for the coaaunity Developaent Block Grant Prograa in the c:oaaunity Services Departaent (hereinafter referred to •• the County) and m Cift cw alll.POOD, a aunicipality in Arapahoe county (here~ter referred to as the SubGrantee) for the conduct of a coaaunity Development Block Grant (CDBG) Project for Prograa Y-r 1996. 1 • ...a.• Th• pr~ objective of Title I of the Bouainq and COIIIIUftity Development Act of 1974, •• aaended, and of th• Coaaunity Developaent Block Grant (CDBG) Prograa under this Title is the development of viable urban co .. unitiea, by providing decent housing and a suitable living environment and expanding econoaic opportuniti .. , principally for low and aoderate incoae persona. The project by !'D Clff OW am.noaD known as the IIOVaDNI amau.n&'l'IOII no.JSC'I' (Project) baa been categorized Ha am9D.%BUOII AC'l'IU'l'I, and the SubGrant•• will aaintain docuaentation with the DUOllaL OBJSC'l'Xff of aovaDNI • ....,%'1' activities. The SubGrant•• -Y proceed to incur coats for the project as of June 1, 1996 unless aade contingent under Section II-F., Labor Standards, or Section II-G., Environaental Reviews, below, and/or subject to the SubGrant•• receiving an official 'Notice to Proceed' froa the County. The following provisions outline the ac:ope of the work to be coapleted: Project will iaprove City'• existing bouainlJ stock by providing low interest loan• and grants to lov-incoae hoaeovnera for the purpose of single faaily housing rehabilitation. a. •aJaeAt It is expressly agreed and understood that the total aaount to be paid by the Grant•• under this contract ahall not exceed $78,595. Drawdown• for the payaent of eli9ibl• expenaea shall be aade against the line it-bud9eta specified in attached Exhibit B herein and accordance with perforaance. Expenses for 9eneral adainiatration ahall also be paid a9ainat the line it-bud9eta specified in Exhibit Band in accordance with perforaance. 1 ,. - I· • 0 , - • • • • • •• '1'1-1111• The project will be coapleted by June 1, 1997 unl ... thi• AVr•-•nt i• aodified by autual agr~t. c. ~ozaaaoe criteria Project fundinq will accoapliah the following: Provide loans and grants to EncJlwood boaeownera for housing rehabilitation. D. a.porti.119 a.pir--b 1. Each SUbGrantee Dravdown ltaquaat will include progreaa reports for the period for which payaent 1a being requuted. 2. Quarterly project reports will be due vi thin 30 day• following the end of each quarter (Karch 31, June 30, septeaber 30, Deceaber 31) until the Project i• coapleted. 3. Final Report 1a due 45 day• after coapletion of the Project. 4. Annual and Audit Reports -ft• official Annual Report and Annual Audit for the SubGrantee in which both revenuu and expendituru for the CDIG Financial Projects ducribed herein are detailed. Due annually, not later than June 30 of each year. •· r.uor •~ CDa'ri.•-aaaoa> It ia deterained that: Project dou not involve activitiu which require coapliance with federal labor atandarde. r. aa.iroaaeatal a.,,1-. Site-apecific environmental revi..,. -t be perforaed prior to iaauing a contractor notice to proceed for each baae rehabilitated . 111. w.aa.nn.m• or m 81r8aUl'l'D & ....... 1 coapliaao• ft• SUbGrantN aball take all actiona that are appropriata and required of it to coaply with the applica!)le proviaiona of the grant agr~ta received froa the u.s. Departaent of Bouaing and urban Developaent (BUD) by the county. 'l'beN include llut are not liaited to coapliance vitb the proviaiona of the Bouing and Collllunity Developaent Act of 1174 (AC'l') and all blu and Jle9Ulationa, vuidelinu and circulars proaalpted by the various 2 •· • 0 I - - ., • • 0 • federal department•, agencies, adainiatrationa and coaaiaaiona relating to the CDBG Prograa. Kore specifically, the SubGrant•• and the County shall each take all required actions to coaply with the provisions of 24 CFR Part 570, Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, Section 104 (b) and 109 of the Housing and COIIIIWlity Developaent Act of 1974, 24 CFR Part 85, Subpart K of BUD'• Onifora Adainiatrativ• Requir-•nt for Grants and Cooperative A.greeaenta, the regulations applying to ainority buainua enterpriH, 24 CPR 570.904, the lead baaed paint regulations 24 CPR 570.608 and 24 CPR 35, and with OIIB Circular A-87, Coat Principlu for State and Local Governaenta. Attached hereto aa Exhibit A and incorporated herein by this reference is a auaaary of provisions uaociated with the Coaaunity Develop.ant Block Grant Proc)raa vbicb shall be followed by the SubGrantH unlua it 1a deterained to be inapplicable. Additionally, in accordance with 24 CPR Part 570, no eaploy-, official, agent or consultant of the SUbGran~ shall exerciH any function or reaponaibility in vbich a conflict of interut, real or apparent, would ariH. Tbe SUbgrantH cannot enc,age in a federally funded contract with any entity registered in the Lista of Partiu Excluded Froa Federal Procureaent or Nonprocureaent Prograaa. Tbia publication is available in Arapahoe County through the Rousing and Coaaunity Develop.ant Services Division. a. aaper,,isioa aa4 adaiaiatrati•• coatrol As to any projects conducted during Prograa Year 1996, the SubGrant•• agrees, in accordance with Section III, paragraph A above that th• County shall have ultiaate supervisory and adainistrative responsibility, but the SubGrant .. shall be responsible for the expenditure of the fund• allocated for its projects or activities and for the construction or perfonaance of its projects or activitiu in coapliance with all applicable Federal laws and requireaenta relating to the CDBG Prograa. c. 11oa-appropriatioaa Clauae Tbe SubGrantee agr .. a that it will include in every contract it enters, which relies upon CDBG aoni•• for funding, a non- appropriation clause that will protect itself and the County fro• any liability or ruponaibility or any suit which aigbt result froa the discontinuance of CDIIG funding for any reason. Becau .. this Subgrant•• Agra ... nt involvu funds froa a federal grant, the funding provisions of this SubgrantH A.greeaent, the federal grant and the federal statutes control rather than the provisions of Section 24-91-103.6, c.R.s. with regard to any public work projects. D. bpea41ture aeatrictiou All CDBG funds that are approved by RUD for expenditure under th• County's grant agre ... nt, including those that are identified for the SubGrant••'• projects and activities, shall be allocated to the specific projects and activities described and listed in the grant 3 ..... •. I . • 0 I - • • "' - • ,. - agreements. Th• allocated fund• •hall be used and expended only for the projects and activiti•• for which th• funds are identiried . •• aqr ... -t CJaaacJ•• No project• or activiti••, nor the aaount allocated therefor, aay be changed without concurrence by the County and acceptance of the revi••d Final Stat ... nt and/or Con•olidated Plan by BUD, if required. Cbanc;r•• 11Uat be reque•ted in writing and -y not begin until a aodification to this Aqreeaent i• fully executed. •. Direct l'rojecta 'l'be SubGrant•• shall be responsible for the direct supervision and adainistration of ita reapec:ti'V9 projecta or activiti-. 'l'bia task shall be accoaplished thrOQIJb the aae of th• SubGrant-·• ataff, agency and employ-•. 'l'b• SubGrantee shall be reaponaibl• for any injury to parsons or daaa9e to property resulting froa th• negligent acts or error• and oai .. ions of ita •taff, a9enta and eaployees. Subqrant-, within ita legal ability to do ao under th• con•titution of the state of Colorado and ita heme-rule charter (if Contractor is a ho .. -rule IIUfticipality) and without in any vay or aanner intending to waive or waiving th• defense• or liaitationa on daaages provided for under and pursuant to the Colorado Governaental 1 .. unity Act (sec. 2,-10-101, et •eq. c.R.S.), the Colorado Constitution, ita boae-rul• charter or under th• co .. on law or the law• of th• Uni tad Stat•• or th• State of Colorado, shall indemnify and save baral .. • the County against any and all damages which are recovered under tbe Colorado Governaental Immunity Act and reduced to final judgeaent in a court of coapatent jurisdiction by reason of any negligent act or oaiaaion by Subgrantee, it• agents, officer•, or eaploy•••, in connection with th• performance of this contract. a. 11111-u, Because the SubGrant•• is responsible for th• direct auparviaion and administration of ita project• or activiti .. , the County shall not be liable or r••pon•ible for coat overruns by th• SubGrant•• on any projects or activiti... 'l'b• County shall have no duty or obligation to provide any additional funding to the SubGrant•• if it• projects or activiti•• cannot be completed with the funds allocated by th• County to the SubGrant-. Any co•t overruns aball be the sol• r••ponaibility of the SubGrant••· 1. The SubGrant•• aqr••• that all fund• allocated to it for an approved project• or activiti•• •hall be used •olely for the purpo••• approved by the County. Said funds shall not be used for any non-approved purpo•••· 2. Th• SubGrant•• aqr••• that the fund• allocated for any approved project• or activiti•• shall be sufficient to coapl•t• said project• or activiti•• without any additional CDIG funding. 4 • . I . • 0 I - - • • • • • •· Iaa11r1U1ae If tbe SubGrantee'• project• involv-construction activiti-, any Contractor it u•e• for aaid activiti-aball be required to provide and -intain, until final acceptance by tbe SubGrantee of all work by •uch contractor, the kind• and ainiaua aaounta of insurance•• followa: 1. Coapreb•n•ive General Liability: In tbe aaount of not 1-• tban $600,000 coabined •ingle liait. coverage to include: a. Preai-• Operationa b. Producta/Coapleted Operations c. Broad Pora contractual Liability d. Independent contracton e. Broad Pora Property Daa&CJ• f. Ellployeea H Additional Insured CJ. Peraanal Injury h. Arapahoe County and th• SUbGrant-•• Additional Naaed Insured 1. Waiver of Subr09ation 2. Coapreben•ive Autoaobil• Liability: In the aaount of not l••• tban $600,000 coabined •ingle Hait for bodily injury and property daaa9e. coverage to include: a. Arapahoe County and the SubGrantee •• additional Naaed Inaured b. Waiver of Subr09ation 3 . Baployer• Liability and Worker• Coapenaation: Tb• Contractor ahall ••cur• and -intain eaployer'• liability and Worker'• Coapenaation Inaurance tbat will protect it a9ainat any and all claiaa re•ulting froa injuri-to and death of worker• engaged in work under any contract funded pur•uant to tbi• agr...ant. coverage to include: a. Waiver of Subr09ation 4. Additional Naaed Insured: All referenced inaurance polici•• and/or certificate• of inaurance aball be •ubject to the following •tipulations: a. Underwriter• aball have no riCJhta of recovery aubr09ation against Arapahoe County or th• SubGrantee; it being the intent of tb• parti-that the inaurance policiH ao effected aball protect the parti•• and be pr1-ry coverage for any and all lo•••• covered by tbe de•cribed insurance. b. The clauae entitled •other Insurance Proviaiona• contained in any policy including Arapahoe County •• an additional naaed inaured aball not apply to Arapahoe county or th• SUbGrantee. !S I . • 0 I - - • • 0 /~ . • ' c. Th• insurance coapanias issuing the policy or policies shall have no rac:oursa against Arapahoe county or th• SubGrantaa for payment of any praaiuas due or for any a•••• ... nts under any fora of any policy. d. Any and all deductibles contained in any insurance policy shall be assuaed by and at the sole risk of the Contractor. 5. certificate of Insurance: Th• Contractor shall not co-enc• work under any contract funded pursuant to this agr•-•nt until be bas subaitted to the SubGrantee, received approval thereof, certificates of inauranca showing that be has coaplied with the foregoing inauranca requir--nts. The SubGrant•• shall alao await a copy of the contractor'• certif icat•• of inauranc• to the County. 6. Notwithstanding the provisions contained in this paragraph (H) ••t forth bareinabova, the county r•••rv•• th• right to modify or waive said provisions for projects or activities for which thue provisions would prove prohibitive. The SubGrantae understands, however, that the decision to waive or aodify tho•• provisions i• fully within the discretion of th• county. I. aecorcls The SubGrant•• shall maintain a coaplata ••t of books and records documenting its use of CDBG funds and its supervision and adainistration of the projects. The SubGrant .. shall provide full ace••• to th••• books and records to the county, the Secretary of HUD or hi• design••, th• Offic:a of Inspector General, and the General Accounting Office so that compliance with Federal laws and regulations aay be confiraad. Th• SubGrant•• further agrees to provide to the County upon request, a copy of any audit reports pertaining to th• SubGrant••'• financial operationa during th• tera of this agr•-•nt. J. aeportiacJ The SubGrant•• shall file all reports and other inforution necessary to coaply with applicable Federal laws and regulations as required by the County and BUD. This shall include providi119 to the County the inforution neces .. ry to coaplate th• GrantN Perforunca Reports in a tiaely fashion. It. 'l'ilNli•••• Th• SubGrant•• has submitted to the County, along with its proposal, a description of the work to be perforaed, a budget, and a tiaatabla delineating the length of ti .. needed for each projec:t phase, if applicable, through the coapletion of th• projects. Tb• SubGrant•• shall coaply with tiaatable for coaplation of the projects. The SubGrant•• understands that failure to coaply with ' ,, - • . .. I . • 0 '32xl - • • • • - the tiaetabl• aay lead to a cancellation of the projects and a lo•• of all unexpended fund•, unlua the County determines that there are extenuating circuaatancu beyond the SubGrant .. •• control and that th• projects will proceed within a reasonable l•llCJth of tiae. Th• tiaetabl•'• impl-•ntation shall begin vben the County providu written notification to th• SubGrant .. to proceed. L. aeillbur•-•11t for Dpeaau The SubGrant•• agr••• that before the County can distribute any CDBG funds to it, the SubGrant .. auat awmit to the County'• Housing and co .. unity Developaent Services Division dOCUllentation in the fora required by that Division which properly and fully identifiu the aaount which the SubGran~ is requeating at that tiae. Tb• county shall have ten (10) working days to review the request. Upon approval of the requut, the County vill distribute the requested fund• to the SubGrant .. or directly to the appropriate subcontractor or vendor•• soon•• poaaible. •· ~-Iaaoae All program incoa• derived froa the Arapahoe County Coaauni ty Developaent Block Grant Prograa received by the SubGrant•• will be retained by the SubGrant .. and will be dispersed for its approved CDBG project activiti .. before additional CDBG funds are requested froa the county. Following coapletion of the SubGrant .. •a Arapahoe county CDBG Projects, all prograa incoae directly generated froa the use of CDBG funds will be r-itted to the County. •· &aaet .... 9 ..... t Any single parcel of real property under th• SubGrant••'• control that waa acquired or iaproved in whole or in part with CDBG funds in exc••• of $25,000 will either: 1. Be used for an eligible CDBG activity, aa determined by th• County, for a ainiaua of five (5) year• following coapletion of the SubGrant .. •a projects; QB 2. Be disposed of in a -nn•r that ruulta in the County'• being reiaburaed in the aaount of the current fair aarket value of the property l••• any portion of the value attributable to expendituru of non-a>IG funds for acquisition of, or illproveaenta to, the property • Reiabura ... nt is not required after five ( 5) years following coapletion of the SubGrant••'• projects. o. atate aad Couaty Law Coapliaaoe All responsibilities of the SubGrant•• enuaerated herein .shall be subject to applicable State statutes and County ordinances, resolutions , rules, and regulations. 7 • .. I· • 0 I - - • • • t• • ' Th• SubGrant•• •gr-• that no CDBG funda will be legally obligated to any project activity before the county baa coapleted the environmental review procedur-, aa required by 24 CFR Part 58. If •ubcontracta are uaed on the projects, th• SubGrant•• agree• that the provi•ion• of thia agreeaent shall apply to any •ubcontract. a. 81aapeaaioD or 'l'ezaillatioa Thia agre-ent aay be •uapended or terainated by the county if the SubGrant•• uterially fail• to coaply with any tent of thia agreeaant. Thi• agre-ent aay alao be tenainated for convenience by autual agre ... nt of the county and th• SubGrant-. •· In the event that th• Unit of General Local Governaent ahould withdraw fro• th• county'• •urban County• deaignation, thia agr .... nt •hall terminate a• of the teraination date of th• County'• CDBG grant agr•-•nt with BOD. 'I'. The SubGrante• certifi•• that to the beat of ita knowledge and belief: 1. No Federal appropriated fund• have been paid or will be paid, by or on behalf of it, to any peraon for influencing or att-pting to influence an officer or -ploy•• of any agency, a M~r of Congrea•, an officer or .. ploy•• of Congr .. •, or an eaployee of a Neaber of conqr••• in connection with the awarding of any Federal contract, th• uking of any Federal grant, th• aaking of any Federal loan, the entering into of any cooperative agre ... nt, and the extension, continuation, renewal, amendment, or aodification of any Federal contract, grant, loan, or cooperative agre ... nt; and, 2. If any funda other than Federal appropriated funda have been paid or will be paid to any per•on for influencing or atteapting to influence an officer or eaployee of any agency, a Meaber of Congreaa, an officer or eaployee of Congr•••, or an eaploy-of a Meaber of Congr••• in connection with thia Federal contract, grant, loan, or cooperative agr .... nt, it will complete and aubait Standard Fon-LLL, •oiaclo•ur• Fon to Report Lobbying,• in accordance with it• instructions. u. DiaallOlfallce If it ia determined by HUD or other federal agency that the expenditure, in whole or in part, for the SubGrant••'• project• or activity wa• iaproper, inappropriate or ineligible for reiabur•-•nt, then the SubGrantee ahall reiaburae the County to the full extent of the diaallovance. 8 ..... " - • .. .., I . • 0 '32xl - - • . " • {. &. Lepl Liability u4 --.ouU.iliq 'l'be Partie• recognize and underatand that tbe county will be the 9overnaental entity required to execute all c,rant ac,r ...... ta received traa BUD purauant to tbe County'• requuta tor CDIIG tunda and that it will thereby becoae and will be bald by BUD to be lec,ally liable and ruponaible for tbe overall adainiatration and pertoraance of tbe CDIIG proc,r ... , incllldinCJ the projec:ta or activitiu to be conducted by tbe SUbGrantee. Accordinl)ly, the SubGrantee ac,r.-that u to ita projecta or activitiu perfor.ect or conducted under any CDIIG ac,r ...... t, tile county aball bava the nece8NrY adainiatrativa control required to Met BUD requireaanta. •· hdozauoe u4 Gallpliuoe 11oai1:oria9 'l'be county'• auperviaory and adainiatrati'N oltliptiona to the SubGrantH purauant to parac,rapb A above aball be liaited to the perforaance of tile adainiatrati'N taalca neceaaary to aaJte CD8G tunda available to tbe SubGrantee and to provide a llonitorinCJ Specialiat vboae job it will be to aonitor tbe varioua projecta funded with CDBG aoniu to enaure tbat they coaply vitb applicable Federal lava and rec,ulationa. C. &eportu,g t:o IIDD 'l'be County will be r~nailtle for contirllillCJ tbe coapliance of the SubGrantH'• projecta vitb applicable Federal lava and rec,ulationa. 'l'be county will turtber be ruponaible for winCJ that all necuaary reporta and infm.ation, incllldinl) the Grantee Performance aeporta, are filed with BUD and other applicable Federal a9enciu in a tiaaly faabion. t ---- .. .. I . . 0 - - • • • • In Witn••• Wbaraof, the Parti•• bava caused this agraeaant to be duly executed this ___ day of -----------' 1996. Witneaa: Attest: Clark to the Board Donetta Davidson . ....... . Sub1Jrantetl : _ _;c; ... 1._t~x1-..1A1&.1( ..... IDA-Mllollgqgdlall-~-.-:.· · .... -: ... -: · > :-> :-: :::;f::::::::: ......... 8Y=---------------"·:-"·:-·:·:·:·:·:·:·: ......... Titl•=--------------- Board of County COlllliaaionar• Arapahoe county, COlorado 10 ', . , • . .. I. • 0 f -:»~v l -• • • (. EXHIBIT A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CONTRACT CLAUSES scope _of work 24 c.r.a. s 570.503(b)(l) Should be clear, quantified, with perfoDD&nce criteria built in. Performance to include accompli1haent of the product, -thod of accoaplilhaent, tiain9, aile1tone1 and persondel aHi9Ded. There should be a,,.~ apecific bud9et, oqanized by task aa well as line it-. contract Adainistration 24 c.r.a. s 85.l6(b)(ll) Procedure• re9ardin9 all contractual and adaisuatrative isauea. This aust include proceduns for cb&n9in9 the scope, apecificationa, bud9et, or other provisions. Where 0MB Circular A-110 applies, s .. Attacbllent O, Par. 3.c.(9). Qnifo;m Administration 24 c.r.a. s 570.502 Compliance with the requ~nts of 24 C.P.R. Part 85, sometiaes referred to •• tba •ec-on Rule. • .Applicable to 9rant .. s and subrecipienta that are ~ntal entitiea. Subrecipients that are not 90vernaental entities auat ca.ply with specified Attachments to OIIB Circular A-110. ec,,t Princivle1 24 c.r.a. s 510.so2 Coapliance with the proviaiona of ONB Circular A-87 or A-122, aa applicable. conflict of Jnt1;11t 24 C.P.R. S 570.611 No employee, officer or a9ent of the 1ub9rant .. shall participate in selection, or in the award or adainistration of a contract if a conflict of inte%est, real or apparent, would be involved. See also 24 c.r.a. s 85.36(b)(3) or 0MB Circular A-110, Attachment O, Par. J.a., as applicable. BacordJcwtoina 24 C.P.R. S 570.50l(b)(2) Describe records that aust be aaintained, includin9 eli9ibility, national objectives, financial, equal opportunity, etc. See also 24 c.r.a. s 570.506. .... . , .. I . • 0 , - - • • • . . B•portinq Requirements 24 c.r.a. s s10.soJ(b)(2l Describe all reporting requir ... nts necessary to verify accomplishment toward meeting the project scope and to demonstrate compliance with other requirements. S•• also 24 C.F.R. s 85.36(i)(7) or ONB Circular A-110, Attachment H, as applicable. Patents and copyrights 24 c.r.a. s 85.J6(i)(8l • (9) Include any applicable provisions regarding rights to patented inventions and copyrighted aaterial resulting from the CDBG contract. Where ONB circular A-110 applies, see Attachment O, Par. 4.h. ace••• to Records 24 c.r.a. s 85.36(1)(10) Ace••• by city/county, Cmlptroller General, Secretary of HUD and their representatives, to any records relating to the project. Where ONB Circular A-110 applies, ••• Attachment O, Par. 4.i. Retention of Records 24 c.r.a. s 85.36(1)(11) All records relating to the project must be retained three years after project audit/close out. Where 0MB Circular A-110 applies, see Attachllent c. Proaru Inc:pma 24 c.r.a. s 570.503(b(3) Description of all guidance on the disposition and use of program income. See also 24 C.P.R. SS 570.500(•) and 570.504 Reversion of Assets 24 c.r.a. s 570.50l(b)(8) Provisions regarding the return of excess funds and requirements regarding the post-closeout use of real property acquired or improved with CDBG funds. Breach of contract 24 c.r.a. s 85.36(1)(1) Administrative, contractual and legal remedies in instances of breach of contract, including sanctions and penalties. Where 0MB Circular A-110 applies, ... Attachment O, Par. 4.a. Termination 24. c.r.R. s 85.36(1)(2) For all contracts in axe••• of $10,000, description of how and under what circumstance• a contract aay be terminated for caus-and for convenience, including the basis for settlement. Where 0MB Circular A-110 applies, ... Attachment 0, Par. 4.b. ..... "' - • . .. I . • 0 I I - • • • • '· 24 C.F.R. S 570.502 Compliance with OHB Circular A-128 (State and local governments) or A-133 (Nonprofits and higher education institutions). See also 24 c.r.R. Part 44 and 24 C.F .R. S 85.26. Lobbyi_ng 24 C.F.R. Part 87 No CDBG funds may be expended for lobbying purposes and payments from other sources for lobbying must be disclosed. Religious organizations 24 c.r.R. S 570.503(b)(6) Limitations and conditiona on the use of CDBG funds by religious organizations. See also 24 c.r.R. S 570.200(j). B91id•nt Ali•ns 24 c.r.R. s 570.613 Newly legalized resident aliens are not eligible to apply for CDBG funded direct benefits such as services, jobs and housing rehabilitation. uniform Relocation Afsistanca and Real Property Acquisition Policies Act ,uniform Act) 24 c.r.R. s 570.606 Requirements for real property acquisition procedures and benefits and services that anyone di.aplaced must receive. Bonding and Insur1nc1 24 C.P.R. S 85.36(h) Include with construction contracts with eatiaated coat of $100,00 or aore. Requires bid guarantHa (51 of the bid), performance bond ( 1001 of the contract price) and payment bond ( 1001 of the contract price). Where 0KB Circular A-110 applies,••• Attachment Band Attachment O, Par. 4.c. Labor standards 24 c.r.R. s 570.603 In all construction contracts over $2,000 (except for housing rehabilitation of properties containing less than 8 . dwelling units), Davia-Bacon Act and related labor standards requirements apply. Use current wage rates applicable to the project and HUD-4010 which includes all required references. See also 24 c.r.R. S 85.36(1)(4), (5) and (6) or 0MB Circular A-110 Attachment O, Pars. 4.e., f., and 9 ., as applicable. Debarred contractors 24 C.F.R. S 570 .609 Prohibit, use of debarred, suspended or ineligible contractors or subrecipients in any contract. ...... . , ... I· • 0 , - • • • t• • '· Environmental 24 C.F.R. 5 85.36(i)(12) For all contracts and subcontracts over s100;000, include compliance with standards, orders and requireaants issued under Section 306 of the Clean Air Act, Section 508 of th• Clean Water Act, Executive Order 11738 and environmental Protection Aqency regulations at 40 C.F.R. Part 15. Where 0KB Circular A-110 applies, s•• Attachaent O, Par. 4.j. flood Insurance 24 C.F.R. 5 570,605 For acquisition rehabilitation, or construction in spec:i:al flood hazard areas (a• dateminad by FEIIA), property auat have flood insurance. Energy Efficiency 24 C,F,R. 85,36(1)(13) Compliance with aandatory enervy efficiency •tandards and policies in State anarfJY conservation plan issued in compliance with the Snar9Y Policy and Conservation Act (Pub, L. 94-163), s .. also 24 C.F.R. Part 39. There is DO equivalent provision in 0KB Circular A-110, Laad-eased Paint 24 C,F,R, S 570,608 Prohibits use of lead-based paint in residential structures. RaquirH notification of occupants. Provide• for . inspection, tasting and abatement in •pec:ified circumstances. AfbHtos EPA/OSHA Where asbestos is present in property under90in9 rehabilitation, Federal xequireaents apply ragardin9 worker exposure, abataaent procedure• and disposal. Sff llotica CPD-90-44 for further details. Title YI of the civil Rights Act of 19§4 24 C,F,R. 5 570.60l(a) Compliance with P,L. 88-352, Applies to all projects. Prohibits di•criaination on grounds of race, color or national origin. Covers both t _ha delivery of, and the participation in, all CDBG projects. Sae also 24 C,F,R, Part 1. Fair Housing 24 C,F,R, 5 570,60l(b) Compliance with Th• Fair Housing Act. Prohibits discrimination on the basis of race, color, reliqion, ••x, national ori;in, handicap or familial status in all activiti4s involving the saleA ce9tal or financing of housing. Publ le llw90-284 and E.u. 11 tiJ " - . . • ... I . • 0 , - • • • • I, Discrimination Prohibition 24 C.F.R. S 570.602 Under provision of section 109 pf tbt HCQ Act of 1974, as amended, discrimination is prohibited on the basis of race, color, religion, national origin or sex. Also refers to discrimination on the basis of handi.cap and age. Discrimination on the Basis of RIDdiC4P 24 C.F.R. Part 8 Coapliance with Sec. 504 requir-nts. Covers prohibited discrimination in .. ployaent, benefits and proqr.... • Establish•• requir ... nta for applying Unifoz:a Federal Acceuibility Standarda (UFAS) (SH 24 c.F.R. Part 40 for UFAS) to contracts. llote that UFAS and ·ANSI standards· differ in iaportant reapects. AA9 Ri1sriaination 24 c.r.R. Part 146 Covers prohibited diacriaination by recipients and aubrecipients in all aapecta of aaaisted progr .... Pi1crMlin1tion in 18PloY1t1nt 24 C.F.R. S 570.607(&) For construction contract. over $10,000, prohibits discrimination in eaployaent by aaJtin9 gagac;utiya Qrder 11246 and related proviaiona applicable. IPRlPYNnt. Training I04 CAnt;rac;tins 0ppqrt;un&g111 24 c.r~a. s 570.&07(b) Under proviaiona of lrSz+en l pf Pe Bppfinq and JJrban QeuloP91nt act of UH, nquire8 opportunitiH for trainincJ and -ployaent of lower-incalle ~u and opportwutiea for contracting with local fiz:as. Appli•• to all contracta. MJ.nority eusin••s 1nt1rpri1• 24 C.F.R. S 85.J&(e) Covers required actions by recipient and contractors to ••cure participation of finu owned and controlled by minorities, women and residents of labor aurplus areaa. Where 0KB Circular A-110 appliea, SH Attachaant O, Par. J.c. (l) . Compiled by: Office of Conununity Planning and Development Region VIII (Denver) June 1991 . ' .. I . • 0 , I • ---' • . • .. • . . -... EXIIIBITB COLQIDI A COUIIII 8 COLIIIII C CIOUIDI D ..... u.. .......... ........... a...,u.. ,....,cma._. ...... ~ . ..... .... ....,~c ...... ....... --~-.......... I . u.., Nallf ........ ...... .. .... ..,. ..,. ..,. 111 I I I ..,. ..,. ..,. ..... L .... ~.u.., ............. ~ ........ I .. .... • ................ ...... ..... • ............. ... ...,., • ..... 11,"5 'IUIS • ..... 111 i I I ...... ,..,. ,..,. • '°'"" • • 13 0 .. I - - • • • • .. \. "' aDNIIDUII JlllllaD GIIS 'fO m C, NMUMii'i Dnm.aRID'f at.omt 8&11'1 mvana amamnt'ICIII aaww•n ,. - Thia ADDDDtJII JnJNBD on: IIOdifi.. th• Arapahoe CoWlty Coaaunity Developaent Block Grant AcJrNMllt (•AqrHMnt•) by and between Arapahoe County (•county•) and the mn m -.aoaD (•sw,grantH•), dated_ -------------· 1,,,. . IIIID.DS, the Ac)re ... nt ( in Section III. R) , requir.. that if any BubcJrantae project involvea conatruction activitiu, then the contractor -lected by th• SubgrantH auat provide and -intain inauranc• in the aaounta Mt forth therein; and IIIIDDS, purauant to section III. a.,, th• BubcJrantee duir .. that the County waive a portion of the inaurance requireaenta of section III.a of Ac)r .... nt; and IIIIDDS, the county aC)r ... to the waiver u noted herein. NOW, TIIEREFORE, IT IS AGREED by the County and the Subgrantee aa follova: 1. Th• BubcJrantN aball require ita -lected contractor to provide and Mintain pneral liability and property inauranc:e in an aaount not 1 ... than $100,000 by the contractor and to provide and Mintain autoaobile liability inaurance and vorkaen' • caapenaation inaurance required by COlorado law. Proof of auc:b 1naurance aball be provided to the 9UbcJrantee. 2. Th• BubcJrantH and the county reaffirll the proviaiona of section III. P., conc:erninCJ adainiatration and indeanification concerni119 perforaanc:e of the &91"....nt. 3. All other proviaiona of th• Agreeaent not inconaiatent with thia Addendua 11\mber One are reaffir-4. 11 .. I . • 0 , - - • ~- ,. • ~ • ' <, In Witne•• Whereof, tbe Partie• bave caused tbi• Addandua to ba duly axac:utad this ----day of -----------'' 1996. Witneaa: Att-t: Clark to the Board Donetta Davidaon 8Y=--------------: ... ~: ... ~: ... :\/? Title: ____________ ._._._ .. · · · · Board of county coaaiaaioner• Arapahoe county, Colorado Polly Pa9e, Cbairaan 12 • I • . I. • 0 - • • • l• • <. SUBGRANTEE AGREEMENT FOR THE 1996 ARAPAHOE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ,,,_ This Agr•-•nt is aade and executed this day of , 1996 by and between the Board of County -=ce-o--_ ...... i_s_s.,.io_n_er_s--o""f__,.th-,-•---,C-ounty of Arapahoe, State of Colorado, for th• Coaaunity Development Block Grant PrQCJru in the co-unity Services Departaent (hereinafter referred to as the County) and 'l'D C%ff or am.nocm, a aunicipality in Arapahoe County (hereinafter referred to as th• Su.bGrantee) for the conduct of a Coaaunity Developaent Block Grant (CDBG) Project for PrQCJru Year 1996. 1. ~· The primary objective of Title I of the Housing and co .. unity Development Act of 1974, as a.ended, and of the co-unity Development Block Grant (CDBG) PrQCJrua under this Title is th• development of viable urban coaaunitiea, by providing decent housing and a suitable living environment and expanding econoaic opportunities, principally for low and moderate income persons. Th• project by '1'JIJi c:rn o• DGLDOOD known as the UoaDW&T coaaIDOll 1DaoYD1m1 nm (Project) baa been categorised as a ••acm M:'fmn :roa C011111111Iff auao DnaLO..aT oaan~IOll8 M:'!Inff, and th• Su.bGrant•• will maintain docuaentation with the ll&TIOllaL oaJac'l'~ of sovaDIG a...-.xT activities. Tb• SubGrant•• aay proceed to incur coata for the project as of Jun• 1, 1996 unless aade contingent under Section II-F., Lal:M>r Standards, or Section II-G., Environaental Reviews, below, and/or subject to th• SubGrant•• receiving an official 'Notice to Proceed' froa th• County. II. 1'0U 'fO •• COIIPLaTB 8'I 'l'D naGUftD Tb• following provisions outline the scope of the work to be coapleted: Project will iaprove City's existing housing stock by providing funds for extensive renovations to badly deteriorated single fuily owner occupied ho••• which are unsuitable for the City'• regular housing rehabilitation prograa. &. •a711ut It is expressly agreed and-understood that the total uount to be paid by the Grant•• under this contract shall not exceed $35,000. Drawdowns for the payment of eligible expenses shall be ud• against the line it• budget• specified in attached Exhibit 8 herein and accordance with perforunce. lxpena•• for general 1 ...... • . .. I . • 0 , - • • • I • • ' <. adlliniatration ahall alao be paid againat the line it .. budget• apecified in Exhibit 8 and in accordance with performance. •• ~iaelia• Th• project will be completed by June 1, 1997 unl••• thi• Agre-ant ia aoditied by autual agr .... nt of .th• partiu. c. •ertoraanc• criteria Project funding will accoapliah the following: Provide loan• and/or grant• to one or aore Englewood hoaeovnera tor th• purpo•• of extenaive houaing renovationa. D. a.portia9 aequir ... u 1. Each SubGrantee Drawdown Requeat will include proqrua report• tor th• period tor which payaent ia being requeated. 2. Quarterly project report• will be due within 30 day• following th• end of each quarter (March 31, June 30, Sept~r 30, December 31) until the Project i• completed. 3. Final Report is due 45 day• after completion of the Project. 4. Annual and Audit Report• -The official Annual Report and Annual Audit for the SubGrant•• in which both revenue• and expenditure• for the CDBG Financial Project• deacribed herein are detailed. Due annually, not later tban June 30 of each year. •· La!tor •ta1adarda (Davia-Bacoa) It i• determined that: Project does not involve activities which require compliance with federal labor standards. r. bviro-utal an1 ... Environaental reviews will be perfor9ed by Arapahoe County upon selection of individual sites in order to detarain• whether environaental action is required. III. U8POJIH.ILITIU 01' 1'IIB •uacaanu a. l'ederal Coapliaace The SubGrant•• shall take all actiona that are appropriate and required of it to coaply with the applicable proviaiona of the grant agreements received froa th• u.s. Department of Bouainq and 2 "' - • ... I . • 0 '32 x l - ]-- • • ,- 0 I • • Orban Development (HUD) by the County. Th••• include but are not limited to compliance with the provisions of the Rouaing and co-unity Developaent Act of 1974 (ACT) and all Rules and Regulation•, guideline• and circular• proaulgated by th• various federal departments, agencies, adainiatrationa and commission• relating to th• CDBG Prograa. Nore apecifically, the SubGrant•• and the county ahall each take all required action• to comply with the provisions of 24 CPR Part 570, Title VI of th• Civil Right• Act of 1964, Title VIII of the Civil Rights Act of 1968, Section 104 (b) and 109 of the Rousing and Coaaunity Developaant Act of 1974, 24 CFR Part 85, Subpart It of HUD'• on.ton Adainiatrativ• Requir-•nt for Grants and Cooperative Agr•-•nta, the regul-stiona applying to minority business enterprise, 24 CFR 570.904, the lead based paint regulations 24 CFR 570.608 and 24 CPR 35, and with ONB Circular A-87, coat Principle• for State and Local Governaenta. Attached hereto a• Exhibit A and incorporated berein by this reference i• a awmaary of proviaion• aaaociated with the coaaunity Development Block Grant Progru wbich shall be followed by the SubGrant•• unles• it is determined to be inapplicable. Additionally, in accordance vi th 24 CPR Part 570, no employee, official, agent or consultant of the SubGrant .. sball exercise any function or responsibility in which a conflict of inter .. t, real or apparent, would arise. Tb• Subgrantee cannot engage in a federally funded contract with any entity registered in th• Lista of Parties Excluded From Federal Procur-•nt or Nonproc:ur-•nt Programs. This publication is available in Arapahoe County through the Rousing and Community Development Services Division. •· supervision and Administrative Control As to any projects conducted during Progru Year 1996, the SubGrant•• agrees, in accordance with Section III, paragraph A above that th• county shall bave ultimate supervisory and administrative responsibility, but the SubGrantee shall be responsible for th• expenditure of the funds allocated for its projects or activities and for the construction or performance of its projects or activities in compliance with all applicable Federal laws and requir-•nts relating to the CDBG Program. c. •on-appropriations Clause The SubGrant•• agrees that it will include in every contract it enters, which relies upon CDBG monies for funding, a non- appropriation clause that will protect itself and the county from any liability or responsibility or any suit which aight result fro• the discontinuance of CDBG funding for any reason. Because this Subgrant•• Agreement involves funds from a federal grant, the funding provisions of this Subgrantee Agr•-•nt, the federal grant and . the federal statutes control rather than th• provisions of Section 24-91-103.6, C.R.s. with regard to any public work projects. D. lbrpenditure Restrictions J •. I . • C , - • • • • I, All CDBG funds that are approved by HUD for expenditure under th• county's grant agre .. ent, including those that are identified for th• SubGrantee's projects and activities, shall be allocated to th• specific projects and activities described and listed in th• grant agreements. Th• allocated funds shall be used and expended only for the projects and activities for which the funds are identified. •· &qre...at Cbaa9•• Ho projects or activitiu, nor the aaount allocated therefor, aay be changed without concurrence by the County and acceptance of th• revised Pinal stat-•nt and/or Consolidated Plan by BOD, if required. Changes aust be requested in writing and aay not begin until a aodification to this Agre ... nt is fully executed. •· Direct •rejects 811perTisioa all4 JMwtnistratioa The SubGrant•• shall be r .. ponsibl• for the direct supervision and adainistration of its r .. pective projects or activities. This task shall be accoaplished through th• use of the SubGrant .. •s staff, agency and .. ploy•••· The SubGrant•• shall be responsible for any injury to persons or dallage to property resulting from the negligent acts or errors and omissions of its staff, agents and .. ployees. Subgrant••, within its legal ability to do so under the Constitution of th• State of Colorado and its home-rule charter (if Contractor is a home-rule aunicipality) and without in any way or manner intending to waive or waiving the defenses or liaitations on damages provided for under and pursuant to the Colorado Governmental Immunity Act (Sec. 24-10-101, et seq. C.R.S.), the Colorado constitution, its hoae-rul• charter or under the common law or th• laws of the United States or the State of Colorado, shall indeanify and aave haral••• the County against any and all damages which are recovered under th• Colorado Governaental I-unity Act and reduced to final judg-•nt in a court of coapetent jurisdiction by reason of any negligent act or oaission by Subgrantee, its agents, officers, or .. ploy•••, in connection with the perfol"ll&nce of this contract. ca. Ind ... ity Because the SubGrant•• is responsible tor the direct supervision and administration of its projects or activities, th• County shall not be liable or responsible for cost overruns by the SubGrant•• on any projects or activities. Th• County shall have no duty or obligation to provide any additional funding to the SubGrant•• if its projects or activities cannot be coapleted with th• funds allocated by th• County to the SubGrant••· Any cost overruns shall be th• sol• responsibility of the SubGrant••· 1. Th• SubGrant•• agrees that all funds allocated to it for an approved projects or activities shall be used solely for th• purposes approved by the county. Said funds shall not be used for any non-approved purposes. 4 ...... "' - • . .. I· • 0 , -• • '· • 2. Tb• SubGrant•• atJr• .. that th• funds allocated for any approved projects or activiti .. ahall be aufficient to coapl•t• said projects or activiti .. without any additional CDIG funding. •· Iaa\lraaae If the SubGrant••'• projects involv .. construction activiti .. , any Contractor it uae• for said activitiu aball be required to provide and -intain, until final acceptance by the SubGrant-of all work by auch Contractor, the kinda and ainiaua aaounta of inaurance aa followa: 1. Coaprehenaive General Liability: In the aaount of not 1 ... than $600,000 COllbined •in91• liait. Covera9e to include: a. Prai ... Operations b. Products/Coapleted Operations c. Broad rora eontractual Liability d. Independent COntractora •· Broad rora Property DaaaCJ• f. bployNa H Additional Inaured 9. Peraonal Injury b. Arapahoe County and the SubGrant•• •• Additional Naaed Insured 1. Waiver of SUbroc,ation 2. Coaprehenaiv• Autoaobile Liability: In the amount of not l••• than $600, ooo COllbined •in91• liai t for bodily injury and property daaa9e. Coverage to include: a. Arapahoe County and th• SubGrantN a• additional lfaaed Inaured b. Waiver of Subroc,ation 3. Eaployer• Liability and worker• Coapenaation: Tb• Contractor •hall Ncure and -intain employer'• liability and worker'• Coapenaation Insurance that vill protect it against any and all claiaa reaulti119 froa injuri•• to and death of worker• e119a9ed in work under any contract funded purauant to this ac,r....nt. coverage to include: a. Waiver of Subroc,ation 4. Additional Naaed 'Insured: All referenced insurance policiea and/or certificate• of insurance ahall be subject to the follovi119 atipulations: a. Ondervritara ahall have no ri9bta of recovery aubroc,ation a9ainat Arapahoe County or the SubGrantaa; it bei119 the intent of tba part! .. that the insurance policiu ao affected shall protect the parti .. and be priaary coverac,• for any and all lo•••• covered by the c1 .. cribed insurance. 5 . ' I. • 0 , - 5. • • «• • <. b. The clau•• entitled •other Insurance Provi•ion•• contained in any policy including Arapahoe County •• an additional naaed insured •ball not apply to Arapahoe county or th• SUbGrant••· c. The inau.rance coapani•• ia•uing the policy or polici•• •ball have no recou.r•• against Arapahoe County or the SubGrant•• for payiNnt of any pr .. iuaa due or for any a•••• .. •nta under any form of any policy. d. Any and all deductible• contained in any in•u.rance policy aball be •••Wied by and at the aole riak of the Contractor. Certificate of Insurance: Th• contractor shall not co-•nce work under any contract funded pursuant to thi• agre .. ent until be ba• •ubai tted to the SubGrantee, received approval thereof, certificatu of insurance ahowing that be ba• coaplied with the foregoing insurance requir ... nta. The SubGrantee •ball alao aubait a copy of the Contractor'• certif icatea of in•u.rance to the County. 6. Notwi th•tanding the provision• contained in thi• paragraph (H) ••t forth hereinabove, the County r•••rv•• the right to aodify or waive aaid provi•iona for project• or activiti•• for wbicb th••• provision• would prove prohibitive. Tb• SubGrantee underatand•, however, that th• deciaion to waive or aodify tho•• proviaiona i• fully within th• diacretion of the County. I. aecorll• Tb• SubGrant•• ahall aaintain a coaplete ••t of book• and records docuaenting its u•• of CDBG funds and its supervision and adJlini•tration of the projects. Th• SubGrant•• shall provide full ace••• to th••• books and records to the County, the Secretary of BUD or his designee, the Office of Inspector General, and the General Accounting Office •o that coapliance with Federal law• and regulations aay be confirmed. Tb• SubGrant•• further agr••• to provide to the county upon requ .. t, a copy of any audit report. pertaining to th• SubGrant••'• financial operation• du.ring th• term of this agr••••nt. J. aeportiJ19 The SubGrant•• ahall file all report• and other inforaation neceasary to coaply with applicable Federal law• and regulations a• required by the County and BUD. Thia ahall include providing to the county the information nec•••ary to complete th• Grant•• Performance Report• in a ti .. ly faahion. s. 'fiaelia••• ' ..... ,. - • . .. I. • 0 , - • • • • Th• Sul:1Grant•• baa aubaitted to the county, along with its proposal, a deacription of th• work to be performed, a budget, and a timetable delineating the length of tiae needed for each project phaae, if applicable, through th• coapletion of th• projects. Th• Sul:1Grant•• •hall coaply with tiaetabl• for coapletion of the projecta. Th• SubGrant•• underatanda that failure to coaply with th• tiutabl• aay lead to a cancellation of the project• and a lo•• of all unexpended funds, unl••• the county date.rain.. that there are extenuating circuaatanc .. beyond th• Sul:1Grant••'• control and that the projects will proceed within a ruaonabl• length of tiae. The tiaetabl•'• iapleaentation •hall begin when the County provide• written notification to the SubGrantee to proceed. L. hialnar• .... t for..,... .. The Sul:1Grant•• agre .. that before the County can diatribute any CDBG funds to it, th• SubGrantN auat aubait to th• County'• Rousing and Coaaunity Development servicu Diviaion docwaentation in the fora required by that Diviaion vbich properly and fully identifi•• th• aaount vbich the SubGrantH i• requ .. ting at that tiae. Th• county ahall have ten (10) working daya to review the request. Opon approval of the reque•t, the County will distribute th• requeated fund• to the SubGrantee or directly to the appropriate aubcontractor or vendor a• soon a• po•aible. •· •roVr-Xaooae All prograa incoae derived froa the Arapahoe County Community Developaent Block Grant Prograa received by the SubGrant•• will be retained by th• SubGrantee and will be diaperaed for ita approved CDBG project activiti•• before additional CDIIG funda are requ .. ted froa the county. Following coapletion of the SubGrantH'• Arapahoe County CDBG Projecta, all prograa incoae directly generated fro• the use of CDBG fund• will be ruitted to the County. •· &aaet llalla9-at Any single parcel of real property under the SubGrante•'• control that waa acquired or improved in whole or in part with CDBG fund• in excess of $25,000 will either: 1. B• used for an eligible CDBG activity, aa determined by the County, for a ainiawa of five (5) year• following completion of the SubGrant••'• project•; QB 2. Be di•po•ed of in a manner that r••ulta in the County'• being reimbursed in the aaount of the current fair aarket value of th• property l••• any portion of the value attributable to expenditur .. of non-c:DIIG funds for acquisition of, or iaproveunt• to, the property. Reiabur•-•nt i• not required after five (5) year• following completion of the SubGrantee'• projects. o. atate aad couaty Law Coapliuae 7 ..... . . • . .. I . • 0 1 J2xl - • • • - '· All reaponaibilitie• of the SubGrantee enwaerated herein ahall be aubject to applicable State atatut•• and county ordinance•, reaolutions, rule•, and regulations • •• ... 1ro .... ta1 ar,1- Th• SubGrantee agree• that no CDBG fund• will be leqally obligated to any project activity before the County ha• coapleted the environaantal review procedure•, aa required by 24 CPR Part 58. g. hbooatract• If aubcontracts are uaed on the projects, the SubGrantee agr••• that the provisions of this agreeaent shall apply to any aubcontract. a. hapell9ioa or 'l'uaiaatioa Thia agre-ent aay be auapended or terainated by the County if th• SubGrant•• aaterially fail• to coaply with any tera of this agre-•nt. This agr•-•nt aay alao be ter11inated for convenience by autual agreement of the County and the SubGrantaa. a. In the event that th• Unit of General Local Government ahould vi thdraw from the County'• •urban County• designation, thi• agreement ahall terminate as of the termination date of the County'• CDBG grant agre-•nt with HUD. 'I'. Th• SubGrant•• certifi•• that to the beat of it• knowledge and belief: v. 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any peraon for influencing or att-pting to influence an officer or -ploy•• of any agency, a Maaber of congr•••, an officer or aaployee of Congr•••, or an aaploy•• of a Maaber of Congr••• in connection with the awarding of any Federal contract, th• aaking of any Federal grant, the aaking of any Federal loan, the entering into of any cooperative agr•-•nt, and the extenaion, continuation, renewal, ... ndllant, or aodification of any Federal contract, grant, loan, or cooperative agra .. ant; and, 2. If any fund• other than Federal appropriated fund• have bean paid or will be paid to any person for influencing or attaapting to influence an officer or aaploy•• of any agency, a N~r of congr•••, an officer or aaploy•• of Congr•••, or an .. ploy•• of a Naaber of Congr••• in connection with this Federal contract, grant, loan, or cooperative agra .. ant, it will coaplete and auJ:mit Standard For11-LLL, •ciaclo•ur• Fora to Report Lobbying,• in accordance with it• inatructiona. Diaallcnraaoe 8 ..... "' - .. I • • 0 'a2 x l - - • ' • • .. <. If it i• deterained by BlJD or other federal a9ency that the expenditure, in vbole or in part, for the SubGrantH'• projecta or activity waa improper, inappropriate or ineli9ible for reiabur ...... t, then the SUbGrantee aball reillburM the County to the full extent of the diaallovanca. n. mwaaurma a. m COUfti The Partie• rec0911iae and underatand that the County will be the 9overnaental entity required to execute all c,rant ac,rHJNnta received froa RUD purauant to the COWlty'• requeata for CDIG funda and that it will thereby becoae and will be held by BlJD to be lec)ally lia!»l• and reaponaible for the overall adainiatration and perforaance of th• CDIG prc,vraaa, inclwU.119 the projecta or activiti• to be conducted by the hbGrantee. Ac:cordill9ly, the SUbGrantN aCJr ... that aa to ita projecta or activitiu perforaed or conducted under any CDIG •tJr.-nt, the county shall bava the necuaary adainiatrati va control required to ... t RUD requiraaenta. a. ~ozaaaae 8114 caapliaaae aoaitoriafJ Tb• county'• auperviaory and adainiatrative obligationa to the SubGrant•• purauant to parac,raph A above aball be liaited to the perforaance of the adainiatrativa taaka necuaary to aake CDIG funda available to the SubGrantee and to provide a 110nitorin9 Specialiat who•• job it will be to aonitor the varioua project• funded with CDBG aoni•• to enaure that they coaply with applicable Federal lava and r99Ulationa. C. aeportia9 to DD The County will be ruponaibl• for confirai119 the compliance of the SubGrant••'• projecta with applicable Federal lava and rec)Ulationa. Th• County will further be ruponaibl• for ... 1119 that all necuaary report• and inforaation, includi119 the Grantee Perforaance Report•, are filed with BlJD and other applicable Federal agenci•• in a tiaely faahion. t ,, - ' . ' , • . • I . . 0 I - - • • y • • c . In Witness Whereof, the Partiu have caused this A9reeaent to be duly executed this ___ day of -----------' 1996. Witness: Attut: Clerk to th• Board Donetta Davidson . ...... . . . . . . . . . · . . . . . . . . . . . . . . . . . · . . . . . . . . . :/(:-:-:-:-: SUbcJnfttN: __ .c;.1ty_ ... o .. , .... 1DS_ ... 1wrmodaaa--.-... : : ... : : ... : :·:::: / / ........ ·. lly: __________________ ~ Board of county coaai•sioners .Arapahoe county, Colorado Polly ••v•, Cbairaan 10 • . • I . . 0 , ~~ x I - - • • • (. • EXHIBIT A COMMUNITY DEVELOPKDT BLOCK GRAIIT PROGRAM IFAPI .Pf WPrk 24 C.f.R. S 570.SOl(b)(l) Should be clear, quantified, with pedocunc:e criteria built in. Perfomance to include accaapU.abaent of the pmdu.ct, -thod of accoapliabaent, UaincJ, ailenonH and penomlal uai9fted. Then abould be a nz:y •pacific bud9et, oqani.aed by teak •• well u U.ne iua. 24 c.r.a. 1 15.Jl(b)(ll) P%oc:edure• revud.iluJ all contract'1&1 ud adeJnletrati,re USUH. Thi• auat includa procecbana for claan91Dt the •cope, •pecificat.iona, badfat, or other proviaiou. 1lllara OIIB Circular A-110 appli .. , •-Atuclaent o, Par. 3.c. (9). Qnifpgp Adllinistrati.pn 24 c.r.a. s 510.502 Caapliance with the requinaenta of 24 C.P.R. Part 85, •oaetiae• referred to u the •c on Ibale. • Applicable to gran~• and •ubzec:1pienta that ·az. ~tal entiti ... lubxec:ipienta ~t ua not ~tal entiti•• aaat caaply vith •pacified Attacbaeata to cam Cizclalar A-110. can PFMFiek• 24 c.r.a. 1 510.502 CollpU.ance with the provisions of CIIB CUcular A-87 or A-122, u applicable. CPo(Hct af Jnt•ntt 24 c.r.a. 1 510.111 llo employee, officer or •tent of the •abCJran~ •ball participate in Hlection, or in the mm or edetnJ•tration of a contract if a conflict of intenat, real or apparent, would be involved. ... also 24 c.r.a. I 85.Jl(b)(l) or OIi& Circular A-110, Attac ... nt o, Par. J.a., u appU.cable. IWiAEOMPiDP 24 c.r.a. 1 s10.soJ(b)(2) De•cribe records that auat be Mintailled, includJ.Dt eli9ibility, national objecti,,.., fillulcial, equal opportunity, etc .... al•o 24 c.r.a. 1 570.so,. .. ., • • 0 , - - • • • (. Reporting Requirements 24 c.r.a. s 570.503(b)(2) Describe all reporting requil: ... nts necessary to verify accomplishment toward meeting the project scope and to demonstrate compliance with other requirements. S•• also 24 C.F.R. S 85.36(1)(7) or OHB Circular A-110, Attachment B, as applicable. Pottnts and copyrights 24 c.r.a. s 85.36(i)CI> , (9) Include any applicable provisions re9ardin9 rights to patented inventions and copyri9hted aaterial resultin9 f:am the CDBG conuact. Where OHB circular A-110 applies, •- Attachment O, Par. 4.h. Asse11 to Rac;ords 24 C.P.R. S 85.36(1)(10) Ace••• by city/county, Collptrollar General, Secretary of BOD and their representatives, to any records relatin9 to the project. Where 0KB Circular A-110 appliH, •- Attachment O, Par. 4.i. B•t•ntion of Records 24 C.P.R. S 85.36(1)(11) All records relatin9 to the project mast be retained~ years after project audit/close out. Where OIIB Circular A-110 applies,•-AttacbMnt C. ProsrM IPC9N 24 c.r.R. S 570.503(b(3) Description of all guidance on the di.aposition and ue of pro9raa incmN. See alao 24 c.r.11.. IS 570.500(•) and 570.504 1tav1r1ion of A11at1 24 c.r.R. s s10.s03(b)(8) Provision• re9ardin9 the return of esceH funda and requirements reqardin9 the post-cloaeout ue of real property acquired or iaproYad vi th CDBG funds • Breach of contract 24 c.r.R. s 85.36(1)(1) Administrative, contractual and legal reaedies in instance• of breach of contract, includiliq aanctions and penalties. Where 0MB Circular A-110 applies, •-Attachment O, Par. 4.a. termination 24. C.P.R. S 85.36(1)(2) For all contracts in excess of $10,000, description of how and under what circwastances a contract aay be terminated for caus~ and for convenience, includin9 the basis for settlement. Where 0MB Circular A-110 applies, see Attachment O, Par. 4.b. .. .., •· • 0 , xi - • • • , . . • ' '· 24 c.r.R. s 570.502 Compliance with 0KB Circular A-128 (State and local governments) or A-133 (Nonprofits and higher education institutions). S•• also 24 c.r.R. Part 44 and 24 C.F.R. S 85.26. Lobbying 24 c.r.R. Part 87 "'~ No CDBG funds may be expended for lobbying purposes and payments from other sources for lobbying must be disclosed. Btliqious organizations 24 c.r.R. s 570.503(b)(6) Limitations and conditions on the use of CDBG funds by religious organizations. s .. also 24 c.r.R . S 570.200(j). Ra1idant Mien, 24 c.r.R. s 570.613 Newly legalized resident aliens are not eligible to apply for CDBG funded direct benefits such as services, jobs and housing rehabilitation. uniform Relocation Afsistanca and Botl Property Acquisition Policies Act CVoifogg Ac;t) 24 c.r.a. s 570.606 Requirements for real property acquisition procedures and benefits and services that anyone displaced must receive. IPndins and I01urane1 24 c.r.a. s a5.36(h) Include with construction contracts with estiaated cost of $100,00 or more. Requires bid guarantNs (51 of tu bid), perfoz:mance bond ( 1001 of tu contract price) and payaent bond ( 1001 of the contract price). When 0KB Cucular A-110 applies, ... Attachllent a and Attachaant o, Par. 4.c. Labor standard• 24 c.r.a. s 570.603 In all construction contracts over $2,000 (except for housing rehabilitation of properties containing l••• than 8 . dwelling units), Davis-Bacon Act and related labor standards requirements. apply. Use current wage rates applicable to the project and HUD-4010 which includes all required references. s .. also 24 c.r.R. I 85.36(1)(4), (5) and (6) or 0MB Circular A-110 Attachllent O, Pars. 4.e., f., and 9., as applicable. Qtbarred contr1ctor1 24 c.r.a. s 570.609 Prohibit, use of debarred, suspended or ineligible contractors or subrecipienta in any contract. • .. I . • 0 I - • • • • I• • Environmental 24 C.P.R. S 85.36(1)(12) For all contracts and subcontracts over s100;000, include compliance with atandarda, order• and requireaents iaaued under Section 306 of th• Clean Air Act, Section 508 of th• Clean Water Act, becuti,re O%der 11738 and environaantal Protection Agency regulations at 40 c.r.R. Part 15. Where 0MB Circular A-110 applies, ... Attachment O, Par. 4.j. Flood Insurance 24 c.r.a. s 570.605 For acquisition rehabilitation, or construction in apec:Jial flood hazard AJ:eu ( as dete:mi.ned by FZIIA) , property aust have flood inaurance. 1n1rgy Efficiency 24 c.r.a. 85.36(1)(13) Compliance with aandatory energy efficiency atandarda and policies in Stat• ener;y conservation plan issued in compliance with the Ener;y Policy and Conservation Act (Pub. L. 94-163). s .. also 24 c.r.R. Part 39. There is no equivalent provision in 0MB Circular A-110. L•ad-Basad Point 24 c.r.a. s s10.608 Prohibits use of lead-baaed paint ·in residential structures. Requires notification of occupanu. Provide• for . inspection, testing and abat-nt in specified circwutances. AlbtltPI EPA/OSHA Where aabeato• is present in property undergoing rehabilitation, Federal requiraents apply regarding worker exposure, aba~nt procedures and disposal. See llotice CPD-90-44 for further details. ,:itlt YI of th• civil Rights Ast of 19§4 24 c.r.a. s 570.60l(a) Compliance with P.L. 88-352. Applies to all projects. Prohibits diacriaination on grounds of race, color or national origin. Covers both t .he deli,rery of, and th• participation in, all CDBG projects. See also 24 c.r.~. Part 1. rtir Housing 24 c.r.R. s 570.60l(b) . Compliance with The Fair Houainq Act. Prohibits discrimination on th• basis of race, color, reliqion, sex, national oriqin, handicap or familial status in all activities involvi~g the ••l•A ce5tal or financing of housing. Public 1aw90-284 and E.u. 11 t,J ..... I· • 0 '32 x l -• • ·, • '· Discrimination Prohibition 24 C.F.R. 5 570.602 Under provision of Section 109 of the RCQ As;t gf 1974, as amended, discrimination is prohibited on th• basis of race, color, religion, national origin or sex. Also refers to discrimination on the basis of handicap and age. Di1crimin1tiPD PD thl 11111 pf HandicOp 24 c.r.R. Part a Compliance with Sec. 504 requireaents. Covers prohibited. discrimination in employment, benefit• and progr , Establish•• requirements for applying Uniform Federal Accessibility Standards (UFAS) (s .. 24 c.r.R. Part 40 for UFAS) to contracts. Note that UFAS and ·ANSI standards· differ in important reapects. Asa Discrimination 24 c.r.a. Part 146 Covers prohibited discriaination by recipient• and •ubrecipients in all upects of assisted pro9r .... Discrimination in Employmant 24 c.r.R. s 570.607(a) For construction contracts over $10,000, prohibits discrillination in eaployaent br aaking gpcutiD Ordtr 112'§ and related proviaiona applicable. IPRlPYNnt, TrainJ.ns M4 CAntrastins Qppgrtunltie1 24 c.r~a. 1 s10.,07(b) Under provisions of 19Ftlpp l pf SN IAMW end PAM Qeyeloqgnt act pf 1H1, nquina opport1U11u•• for tr•Jn1ng and employment of lower-incaae penou and opportqnitiea for contracting with local fizas. Appl.ln to al.l-COlltrects. KinoritY BusiDIII Ent1rpri11 24 c.r.a. s 85.36(•> Covers required actions br recipient and contracton to secure participation of fiau owned and controlled br ainoriti••, women and residents of labor surplus areas. Where OMS Circular A-110 applies, ... Attachment O, Par. 3. c. ( 3) • Compiled by: Office of Community Planning and Development Region VIII (Denver) June 1991 . ' .. I . • 0 r xi - - COLONNA .... u. .......... Alllollill A. ...... II II . .. ..,......,__.. ... ... Nam ....... -· .. ':, ........ L .... Mliwililo • Lill llJ l'nllllJ(.-11 ... alljoothe) C1-•liwof ,....._ ..... Alllwilil8 ........ + Mlilillal 'IOTA&. • • • • EXBDm'B PROJECI' BUDGET COLONN B COLtJNN C ....... T..ac..otu. A.-ofc:mll .... ... • Alllollp ~c ..... ... C--D) .,. .,. "'· .,. JS.a u.- JS-JS.a u.-JS.a COLtJNN D aa..,...c...i.,or ...... .,. "'· 0 0 0 \ ' .. • .. I . I • 0 - • • • • I• . • ' ,, aDDDDVII amma CIIIIII 'fO m CCIDUHTI Dnm.ol'llm aLOCS aan DoaDll&I COUIDOa JDa09DD'l8 a4WIW-1Nt Thi• ADDENDtJII IRDIBER on aoditiu the Arapahoe county Coaaunity Developaent BlocJc Grant Aqr....nt (•A9reeaent•) by and between Arapahoe County (•County•) and the C%ff 0. mrcn.awooD (•SubgrantH•), dated_ -------------~·1996. IIIIDDS, the Agreeaent (in Section III.&), requiru that it any Subgrant•• project involvu conatruction activitiu, then the contractor ••l•cted by the Subgrant•• must provide and -intain inaurance in the aaounta ••t forth therein; and WIIDDS, purauant to Section III. a.,, the Subgrant .. duiru that th• County vai ve a portion of the inaurance requir ... nta of Section III. B of A.greeaent; and IIIIDDS, the county agrees to the waiver as noted herein. NOW, THEREFORE, IT IS AGREED by th• County and th• Subgrant•• as follows: 1 . Tb• SubgrantH shall require i ta Nlected contractor to provide and -intain general liability and property inaurance in an aaount not less than $100,000 by the contractor and to provide and -intain autoaobil• liability inaurance and vorlmen' s coapenaation insurance required by Colorado law. Proof of aucb insurance aball be provided to the Subgrant ... 2. ft• SubgrantN and the county reatfin the proviaiona of Section III.P., concernincJ adainiatration and indanification concerninc, perfo~ce of th• AgreeMnt. 3. All other provisiona of the A9r...ant not inconaiatent with this Addendua Naber One are reaffiraed. In Witness Whereof, the Parties have cauaed this Addendua to be duly executed this----day of-----------' 1996. II - . ........ . . . . . . . . . . . Attest: ·.·.«··· ·.·.·.·.·.·. . . . . . . . . ' . . ......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Subgrantee : __ C-itavll-olp.,f._.gn_a .. l.,.ty...,ppd,....__·:.::::::::::::::::: By: _____________ _ Titl•=-------------- • . I . • 0 , - Attut: Clerk to th• Board Donetta Davidaon • • • • . . .. Board of county coaai••ioner• Arapahoe county, Colorado Polly • ..,., Cbairaan ,,, - • I. • 0 , ~-,VI - - ) • • 0 • COUNCIL COMMUNICATION Date May 6 , 1996 Agenda Ham 11 a V , . Subject Bill for an Ordinance adding a new Section 8 to Title 7, Chapter 6E, of the City of Englewood Municipal Code INITIATED BY Safety Services I STAFF SOURCE Director A. F. Stanley Div . Chief R. E. Moore COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council considers the health, welfare and safety to be of prime importance to the citizens of Englewood . To that end, Council has discussed the impad of tobacco on its citizens, especially minors, at previous study sessions . In response to Council's concems, staff researched and wrote an ordinance prohibiting the possession of tobacco producls by minors . RECOMMENDED ACTION Council approval of the ordinance adding a new Section 8 to Title 7, Chapter 6E, of the Englewood Municipal Code . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Council discussed underage smoking at the February 5, 1996, and April 15, 1996, study sessions . Furthermore, on February 12, 1996, Council held a joint study session with the Englewood School Board . The primary topic of discussion was underage smoking, particularty as an issue and problem around Englewood High School. Staff was directed to proceed with its research and drafting of an ordinance addressing underage smoking . Nothing in state law , i.e., 18-13-121 CRS, or in the proposed amendments to 18-13-121 , prevents the City of Englewood from imposing more stringent requirements than those provided by state law for possession of tobacco products by minors. The proposed ordinance adds Section 8 to Title 7, Chapter 6E; and Incorporates language which defines and specifies illegal possession or consumption of tobacco products by an underage person . ...... I . • 0 - - • .. • t• • ' .. This ordinance stands on it own, and does not depend upon passage of any proposed "tobacco dealer licensing" ordinance, any proposed changes in the tobacco vending machine licensing ordinance, or the passage or lack of passage of any currently proposed state law relative to these issues. FINANCIAL •PACT The ordinance contains a provision for a fine of not more than $100 for a violation of illegal possession or consumption of tobacco products by an underage person. A potential exists for revenue from such fines; an accurate projection of such revenues cannot be made at this time. Furthermore, there will be additional personnel and processing costs aasoclated with enforcement. UST OF ATTACHMENTS Copy of a bill for an ordinance . I' -. , • . ' 1 • I . . 0 '32xl - - • ORDINANCE NO. _ SERIES OF 1996 . ' • • I • • ,. ... BY AUTHORITY COUNCIL BILL MO. a ABIIJ..FOR =:1~~ /tN ORDINANCE PBOIIIBlTIJfG THE P011811810N OP TOBAOOO PBODUCl'S 'BY MINORS IN TIU CITY OF ENGLEWOOD, COLORADO BY AMENDING 'l\'11&~ ., 11. •fii& BlfGLSWOOD MUNICIPAL CODS WITH THE ADDnroN O A NEW SECTION 8, ENTITLED ILLEGAL POSSESSION OR llllll&tiGll•I I 1119i&ti!SL&WMU7RDDMIBPn80N. WHEREAS, it is currently a criminal violation to Nil tobacco procluc:ta to any pel'IIOD under eight.een yean of age in the City of Englewood; and WHEREAS, children are findini it easier than ever to buy ciprettee or obtain tobacco proclucte; and WHEREAS, Philip Morris, a well known tobacco company, baa taken the position that "Minon abould not unoke. Period.• It bu al.lo stated that there are many activities that IOCiety dictates abould be reserved for adulta and 1moking is one of them; and WHEREAS, Consumer Reporta notes that teenagen form the "primary aource" of new 1molr.er1 in the U.S., equaling the number of adulta who pve up amolr.inc -or die from it -each year; and WHEREAS, the U.S. Center for Dileue Cantrol and Prevention indicat.N that nearly every 1moker bepn u a t.eenager. For a poap afpeople in their 30'1 who had been daily 1mokerl at IIOllle point -or ltill were -15'll> ltuted at ap 11 or under, 21 'll> ltarted at age 12 er 13, 26'll> at age 14 er 15, and 19'll> at ap 16 er 17; and WHEREAS, tobacco procluc:ta have been found to be buardoua to individuala' health; and WHEREAS, the City Council of the City of Enpewood, Colcrado tlnda it in tbe beat interest of the health, ufety and welfare aftbe c:itisml to prohibit the P711111ion ol tobacco producte by minon in the City of En,lewood; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sec;tign 1. The City Council of the City of En,lewood, Colorado hereby approvea amending Title 7, Chapter 6E, of the Enpewood Municipal Code with tbe addition of a new Section 8 which aball read u follow,: -1- .... I'~ • ' I· • 0 'a2xl - - • • . ,. - ,, 7.a.& IIJ.EGAL PIQ9l!'8810N OR CONBUMPl'ION OF TOBACCO PRODUCl'S BY AN UNDERAGE PEBSON: A. DEFINITION: FOR THE PURPOSE OF THIS SECTION THE FOU.OWING DEFINITION SHALL APPLY UNLESS THE CONTEXT OTHERWISE REQUIRES: TOBACCO PRODUCTS MEANS CIGARETTES, CIGARS, CHEROOTS, STOGIES, PERIQUES, GRANULATED, PLUG CUT, CRIMP CUT, READY RUBBED AND OTHER SMOKING TOBACCOS, SNUFF, SNUFF FLOUR, CAVENDISH, PLUG AND TWIST TOBACCO, FINE-CUT AND OTHER CHEWING TOBACCOS, SHORTS, REFUSE SCRAPS, CLIPPINGS, CU'M'INGS AND SWEEPINGS OF TOBACCO AND OTHER KINDS AND FORMS OF TOBACCO, PREPARED IN SUCH MANNER AS TO BE SUITABLE FOR CHEWING OR FOR SMOKING IN A PIPE OR OTHERWISE, OR BOTH FOR CHEWING AND SMOKING. B . 1. ANY PERSON UNDER EIGHTEEN (18) YEARS OF AGE WHO POSSESSES OR CONSUMES TOBACCO PRODUCTS COIIMITS THE ENGLEWOOD MUNICIPAL OFFENSE OF ILLEGAL POSSESSION OR CONSUMPl'ION OF TOBACCO PRODUCl'S BY AN UNDERAGE PERSON. ILLEGAL POSSESSION OR CONSUMPnON OF TOBACCO PRODUCTS BY AN UNDERAGE PERSON IS A STRICT LIABILITY OFFENSE. 2 . ILLEGAL POSSESSION OR CONSUMPl'ION OF TOBACCO PRODUCl'S BY AN UNDERAGE PERSON SHALL BE PUNISHED BY A FINE OF NOT MORE THAN ONE HUNDRED DOU.ARB ($100.00). THE COURT, UPON SENTENCING A DEFENDANT PURSUANT TO THIS PARAGRAPH, MAY IN ADDfflON TO ANY FINE, ORDER THAT THE DEFENDANT PERFORM UP TO TWENTY-FOUR (24) HOURS OF USEFUL PUBLIC SERVICE. C. THE POSSESSION OR CONSUMPl'ION OF TOBACCO PRODUCTS SHALL NOT CONSTITUTE A VIOLATION OF THIS SECTION IF SUCH POSSESSION OR CONSUMPTION TAKES PLACE FOR RELIGIOUS PURPOSES PROTECTED BY THE FIRST AMENDMENT TO THE UNITED STATES CONSTITUTION . -2- ..... .. I . . 0 -• • , . •, • D. DURING ANY TRIAL FOR A VIOLATION OF PARAGRAPH B OF THIS SECTION, ANY TOBACCO PRODUCT PACKAGE, BOX OR CONTAINER wrm LABEUNG INDICATING THE CONTENTS OF SUCH PACKAGE, BOX OR CONTAINER SHALL BE ADIIISSmLE INTO EVIDENCE AND SHALL NOT CONSTITUTE HEARSAY. A JURY OR A JUDGE, WIDCHEVER IS APPROPRIATE, MAY CONSIDER THE INFORMATION UPON SUCH LABEL IN DETERMINING WHE'fflER THE CONTENTS OF THE PACKAGE, BOX OR CONTAINER WERE COMPOSED IN WHOLE OR IN PART OF TOBACCO PRODUCTS. Sectim 2. 8efd;y Clagee The City Council b8nby ftnda, cletamiD•, and declarel tbl& tbia Ordinance ii promu)pt.ed under tbe a-enl police ..,._ of tbe City of Eql-oc,d, tbl& it ii promu)pt.ed for tbe bNltb, ..r.ty, ad welfare of tbe public, and tbl& tbia Ordinance ii n-.ry for tbe prwww vaticaa of -1th and afety and for the protection of public convenience and welfare. The City Council further determin• that the Ordinance bean a ratioul relatiaD • the ptapa' legislative object IIOUpt to be obtained. S@c:tigp a Sevouhility If any clauae, NDtmce, pancrapb. er part of tbil Ordinance or the application thereof 1D any penon er circuma&an-aball for any reuon be acijudpd by a court of campetmt juriadictioa innlid, IUCb judpaent shall not affect impair er invalidate the remainder of tbia OrdinUlce er ita application to other penom or circumltan-. S@c:ticwa ' Jpm,pjlYPt OrdiPIPGII All ..... Orctinencee or partiana tbereaf inconailltent er conftictin, with tbia OrdinUlce er any partian hereof are hereby repealed to the utent of IUCb inconailt.eDc:y er amflict. S@c;tigp 5 Effll1 q( ..,,1 cw: mpdif'jqtigp The repeal er modification of any provilion of the Code of the City of Bnclewood by tbia Ordinance aball llllt releue, utiquiah, alter, modify er c:banre in whole er in pat any pmalty, forfeiture or liability, either civil er criminal, wbicb aball have hem incurred under web proviliOD, and each pruvilioD aball be trNt.ed and held • atill remainin, in force for the purpw of nstaininl any ad all props adiau, lllita, prweeclinp, and proaecutiona for the .roa-t of the pmalty, llrfllitura er liallility, • ..U • for the purpoae of nstaininl any judpllnt, dec:rN er order wbich can er may be rendered, entered or made in auch actiona, Rita, promedinp er prwutiou. Introduced, read in full, and pMNd on 8nt readm, OD the Ith day of May, 1996. Publilbed u a Bill for an Ordinance on the 9th day ofllay, 1996. 'lbomu J. Burna, Mayor ATTEST : Loucrilhia A. Elli,, City Clerk -3- . ' I· • 0 , - - • ,., • .. • ' . , I, Louc:riahia A Ellia, City Clerk of the City ofEqlewood, Colorado, hereby certify that the above and foregoing ia • true copy of a Bill f'or an OrdiDance, introduced, read in full, and pueed oo tint readinl oo the 8th day ol llay, 1996. Loucriabia A Ellia -4- ~-. , ' 0 I . . 0 1 a2xl - IESOWl'ION NO.~ SERIES OF 1996 , ·~ {. A.esownON HONOIUNO AUSTIN GOMES AS ENGLEWOOD'S CITIZEN OF-mE YEAR FOR 1996. • • • WE I BM. MIiia 0-• --• !apllOOd....., rar 38 ,-. , IDd baa proven himself aa important and influential member of tbe community .re at ,.,_. 12 bi WHEREAS, Austia describes himself u a "man of ldioa, DOt of words," a principle demonstrated by bis afTJ •• WHEREAS, Amlin bas seived on tbe Englewood Pub IDd Reaalioa Commission for 16 years, •g;•~llil:::•:•!J!_ ........... rm F ll :waod'1 Palra ... •• st I llllnilial. ..a...ay c:llllila 1111 a BM.Mllill• pla,-l •...,. n11e • ....,.. ... r,sr cod IIDtidaJ,.. rar 11,-.. ..a pnmdecl iavaluable pidaDce and leadership u Praideat of the Englewood Parade Aslodatioa for 1995, making ........ , I' I ... llallday Puadl I ........ ad WHEREAS. Austin bas been involved with many other orpaizarioos in tbe community, including the I .. _.._.afM.t11m,•P ,r :wOOll..,_Scillaal ............ MalleyC...Tm1Fad,wi,, wu influential in forming the Englewood Cultural Arts Commission; and ,, - W111!1BAS. MIiia•.._ _ _.. ...,_afSL Lalile....:k:Olln* rm aay ,-. laVUIIOD ~ the Advisory Counc:il, tbe rUWlCe Committee, and running tbe Bingo pmes every Saturday night for the last ....,,... ..... _, ............ WHEREAS, Austin ii a generous man with a caring heart, and baa been described by friends and I I ............. I F fn1r. • ..-,..,...,.......-,1ujpl11'-P*, ,,,,,,,,,,.,, ~ -• taper: and wa•BAS.Mflil..._.a_f//l,_.iallil 0 1}10allm--...a• .. ...-alliUIJID . imtill lhat prtde In cam; NOW, 'l1ll!l90U, a ff ll!IOLVIID BY 1111 QTY aJUIICD.OF 11IE arv OP ENGLEWOOD, COLORADO mAT MJll'IIIQIJ-alU:S-,,, ENGLEWOOD'S Cti'izEN OF THE YEA& FOR 19" ADOPTED AND APPROVED this 6th day of May, 1996. Thomu J. Burns, Mayor Lauri Clapp, Council Member Alexandra Habcaicbt, Mayor Pro Tcm Rita Hathaway, Council Member Alfnld F. Vormittq. Jr., Council Member ICeUI Waaoaer, Council Member ..... . . • . ... I . • 0 1 a2xl - - • • • 0 t~ • Jolyn IJ. Diltialco & A&sociatts. IJ.Qt. JOHN P. DiFALCO Daniel R. Brotzman City Attorney City of Englewood A TIORNEYS AND COUNSELORS AT LAW 3400 S. Elati Street Englewood. CO 80110-2304 Dear Mr. Brotzman: 14 a Tilis is in reference to your March 25, 1996 letter informing this firm that the Englewood City Council has authorized our appointment as special counsel to investigate the facts and issue a legal opinion regarding a potential conflict of interest by a member of the City Council. In investigating the matter, we have had discussions with yourself, City Manager Doug Oark. the citizen who filed the complaint, Sandra Y. Ostcma. and the individual who was alleged to have engaged in the conflict. Council member, Rita Hathaway. Additionally, we have reviewed the procedure manual of the City Council, Municipal Code, Section 3-10-5, which deals with conflict of interest and the Home Rule Charter of the City of Englewood. Our investigation has focused upon the March 5, 1996 allegations made by Sandra Y . Ostcma in her letter to the Englewood City Council. Obviously, pursuant to the limited request of the Englewood City Council, our findings and opinion will be based solely upon the legal igucs that arc presented. Any political or legislative policies arc beyond the purview of this review and will not be evaluated, as such matters arc best left for the duly elected officials and the political process of the City of Englewood, Colorado. Tilis opinion will focus on the issues raised by Sandra Y. Ostcma in the sequence she presented them to the City Council in her March 5th letter. Initially it is noted that there does not appear to be any significant dispute regarding the facts in the case. On January 29, 1996, Council member, Rita Hathaway received an E- mail from the City Attorney's office providing the draft of a proposed ordinance and two paragraphs of a resolution setting fees under the ordinance. The ordinance generally referred to regulation of temporary agencies/day labor in the City of Englewood. Council member Hathaway in turn faxed the proposed ordinance on January 30th to the "Colorado Association of Staffing Services," a lobbying group for the businesses subject to regulation under the ordinance. Rita Hathaway bad given notice three weeks previously to her employer, Stand By Personnel, that she would ...... ,,. - • . .. •· • - 1]- • • • 0 I • • Daniel L. Brotzman City Attorney May 1, 1996 Page 2 be taking another position. Her last day of employment with that company was January 31, 1996. The E-mail ordinance Council member Hathaway received from City Attorney Dan Brotzman's office was part of the information provided to members of City Council for their regular meeting scheduled for Monday, February 5, 1996. Attorney Brotzman indicates that the information was provided to the member of Council in the normal course of business and that the same information, the draft ordinance not being a privileged or confidential document, was available to any citizen who may have requested a copy. Indeed, there is information that at least one citizen did request a copy of the ordinance and was advised that he could just pick it up at the City Attorney's office. This request apparently came in on Thursday, February l, 1996. The significant point is , however, that the City Attorney did not consider the document to be confidential, attorney/client privileged, or otherwise restricted from the public. As the purpose of the ordinance was to license and thereby establish certain restrictions on temporary agencies/day labor providers, as is customacy in Englewood, a resolution to set fees with such ordinance creating a licensing procedure is routinely provided to the City Council. It was explained that the resolution setting fees can quickly be modified in conjunction with consideration of the ordinance, which requires a more cumbersome procedure to amend The City Attorney advises that he has a specific procedure to mark documents that arc confidential, privileged, or somehow restricted He notes that be usually marks such documents as •clients review only-or •confidential.• (It is clear that the documents in question were never intended to be confidential, nor were they marked in any way to prevent public disclosure.) All parties agree that the subject ordinance related to a matter that was of general concern to the public in Englewood --that is the regulation of temporary employment agencies in the City. Our opinion concerning the separate allegations made by citizen Ostema are presented in order as follows: 1. On January 31, 1996, Coundlpenoa llalbaway flOlated Boaae Rule Charter No. 26, witb wlllfal conduct and mallce dllreprd to lier office and tbe comtitueatl of Diltrkt No. l. she did came Bill No. 5, spedftcally referred to u the Temporary~ Labor 11111, ,, - .. I· • 0 ' - • • " - 0 • Daniel L. Brotzman City Attorney April 29, 1996 Page 3 hereafter referred to as Bill No. S, to be released to the general public, contrary to City Administrative procedures for the introduction of Bills. This allegation generally refers to the respoDSibilities of a member of City Council under the constitutions of the United States and Colorado, as well as the Charter and ordinances of the City. It is an allegation that Council member Hathaway somehow violated her general respoDSibility by making public an ordinance that was being considered by the City Council for possible enactmenL In reviewing Home Rule Charter, Article V, relating to ordinances, we find this traditional Charter language concerning the enactment of ordinances in no way precludes a Council member or any other official of the City from providing copies of a proposed ordinance to any party. The procedure manual of the City Council, specifically Section VII, relating to ordinances, resolutions, motions and contracts, does not preclude the member of Council from providing copies of the ordinance to any interested party. Indeed, Section V, paragraph D, relating to the City Attorney, mandates that, "Any member of the City Council may at any time call upon the City Attorney for an oral or written opinion relative to any municipal matter or for the preparation of a bill for an ordinance upon any subjeCL" Further, the City has a very broad open meetings provision which implies that the information generated by the City is generally available to the public, unle~ for some acceptable reason, such as contract negotiations or personnel matters, the City chooses to declare a confidentiality exception to the virtually universal openne~ implicit in the City Charter and ordinances. In that the provision of information in the form of ordinances or resolutions to the public is not prohibited; indeed, it appears to be encouraged by the City Charter, ordinances, and procedure manual of the City Council, the mere act by member of Council, Rita Hathaway, in providing information to a group of constituents or any other party does not constitute any legal conflict of intereSL 2. On October 24, 1995, Coundlpenoa 11atbawaJ 'riolaled Hoae Rule Charter No. 30, with wlllful conduct and malke dilreprd to ber office and the constituents of District No. l, by delepdaa to a committee known as Neiahborbood Watch an issue of concern to her constituents, namely worldna with the concerns of the neipbors and the effects of a buineu known as Stand By Penoaael. Nelpborbood Watch ls a neipborbood committee and not a Board or Commiulon duly appointed by the City of F.qlewood. I am sure that dais deleptlon ' •. I . • 0 - - • • Daniel L Brotzman City Attorney May 1, 1996 Page 4 • 0 t• • ... was made to save the appearance of a conflict, however, Home Rule Charter No. 30 was violated nonetheless. "' . This allegation appears to be related to the Charter provision concerning Council powers. It is clear in Colorado that under the state constitution, a City Council may not delegate legislative power to any other individual, commission, board, etc. Greeley Police Union v. Cily Council of Greeley, Colo. 553 P.2d 790 (1976). Although the referral of a matter to a neighborhood committee is characterized in Ms. Ostema's letter as an illegal delegation of legislative authority, the facts clearly indicate that no such delegation was intended or was even attempted in the instant case. It is not at all uncommon for an entire City Council or individual Council members in Colorado jurisdictions to ask neighborhood groups to address issues from an information gathering standpoint and mak .e recommendations to their elected representatives on problems of neighborhood or general citywide concern. The actions by Council member Hathaway in referring this matter to the committee on its face does not appear to be anything more than a traditional and legally recognized cffon to make such an informal request to a neighborhood committee. It is clear that even if the entire City Council attempted to illegally delegate legislative authority to an individual or committee in violation of the prohibition of the state constitution on such delegation, the legal consequence of such effort would only constitute an ultra vills act. The illegal delegation, without power by the Council, would simply make such action null and void. Sec Greeley Police Union, supra. The attempt at delegation would not, in and of itself if done in good faith, constitute a conflict of interest, merely an error in wrongly delegating legislative authority. In that the action by Council member Hathaway does not even arise to a delegation, it cannot constitute even a legal error, let alone be characterized in any respect as a conflict of interest. It is best described as another effort on the part of Council member Hathaway, and through her presumably the City Council, to effect the policies of the City of Englewood to have an open government with considerable citizen involvement. The propriety or political correctness of such actions arc best left for the City Council and the electorate. These actions do not rise to the level of any legal conflict of interest or Charter violation. 3. On January 31, 1996, Coundlpenon Hathaway Yiolated Home Rule, Charter No. 32, with willful conduct and with malice dlsreprd to her office and the consdtuents or Dlltrict No. 1, she did cause BUI No. 5 to be released to the aeneraJ pubUc, by direct interference with the procedures or the City Manaaer and City Attorney, contrary to City - ·- ... I· • 0 - - • Daniel L Brotzman City Attorney May 1, 1996 Page 5 • 0 :~ • Administrative procedures for the introduction of Bills. Bill No. 5 was in a dnft form. The cover letter issued by Attorney Brotzman did not include residents and/or Stand By Personnel, therefOff it was not intended to become "of public record". Bill No. 5 was released before the dnft was completed in its entirety. See copy of Fu: from Stand By to Aleunder's Data Processing, a copy of which bas been given to Alex Habenicht. The copy that was faxed to Stand By from City Hall was done in two parts. The ink does not appear to be dry enough to make it "of public record". This allegation concerns a Charter provision that is found in virtually all Home Rule Charters mandating that the administrative service of City government shall deal solely through the City Manager. It contains the usual prohibition on members of City Council, cautioning them against dictating the appointment or directing or interfering with the work of any officer or employee under the administrative jurisdiction of City Manger. In the instant situation, the question of violating section 32 of the City Charter never arises because the evidence discloses that Council member Hathaway received the ordinance and communicated with the City Attorney and bis confidential employees who by express provision of the Charter are not members of the administrative staff reponing to the City Manager. The Englewood Charter, as is typical in most Home Rule cities, provides for the establishment of a legal department under Anicle IX of the Charter. It specifically provides at Part I, section 64 that, 'The Council shall appoint a City Attorney who shall be the legal representative of the City and who shall advise the Council and City Officials in matters relating to the official powers and duties." The Council establishes the compensation for the City Attorney and hires and fires that individual. Conversely, the City Manager, who is also an appointee of the City Council, is the bead of the administrative service of the City, that group of employees contemplated by section 32 of the City Charter. It is clear under section 49 of Article VII of the Chaner that the City Manager, "shall be the chief executive officer and head of the administrative branch of the City Government." He, like the City Attorney, is hired and fired by the City Council, who also sets their respective salaries. Although City Attorney staff may be members of the City personnel system for purposes of pay, benefits, etc., under the Charter, the City Manager, who is in charge of the administrative branch of the City Government and the City Attorney, who serves as the legal representative of the City and advisor to the Council and City Officials, arc legally two separate and distinct entities and for the purposes of the prohibitions of the City Charter found at section 32, must be recognized for their different roles and responsibilities, vis a vis, .. - .. I . • 0 - • • 0 I • • Daniel L. Brotzman City Attorney May 1, 1996 Page 6 the City Council. In short, Council member Hathaway could not have violated section 32 of the City Charter because she was not even dealing with the administrative service of the City in having discussions with and obtaining documents from the City Attorney. A basic prerequisite to violation of section 32 of the Charter is therefore not met (i.e. a Council member dealing directly with the "administrative service") and, therefore, there can be no violation of that specific Charter amendment, nor is there any violation of applicable ordinances or the procedural manual of the City Council specifying similar protubitions regarding the Council dealing directly with members of the administrative service. In Ms. Ostema's letter of March 5, 1996, she states that, "The cover letter issued by Attorney Brotzman did not include residents and/or Stand By Personnel, therefore, it was not intended to become "of public record"." The assumption that unless a document is designated as public record it is somehow private and not disclosable by City Attorney Brotzman is a gross misunderstanding of the public records law in the state of Colorado, as well as the obvious policies of the City of Englewood, as reflected in its adoption of state statute and ordinance regarding open meetings. The exact reverse of Ms. Ostema's position is the correct law . All documents generated by a municipal government arc considered matters of public record unless the document comes within the narrowly defined exceptions under the various public records laws. In other words. the document docs not have to say, "of public record" to be public. It is presumptively a public record unless there is some clear indication that it is confidential, private, or attorney/client privileged. Mere disclosure of the information when such disclosure is in furtherance of the public policy of openness in government cannot, in any respect, constitute a conflict of interest. Presumably, the citizen making the complaint would not be in fawr of government in which records were private unless identified for the public, as this is just the kind of governmental abuse that the open records laws intended to correct. The City policy of openness is fully congruent with the actions of Council member Hathaway in disclosing the ordinance to members of the public. 4. On January 31, 1996, Couacllpenon Hathaway Tiolated Home Rule Charter No. 37, by willful conduct and with malice disreprd to her office and the constituents of District No. 1, she did not acme herself from Yotlq on matters ln\'OITiq the consldendon of her owa official conduct or when her personal or ftnudal Interest Is lnTOlffd, namely beiq la the employ of Stand By PenoaDeL Couacllpenoa Hathaway's last day of emplOJIDellt with S1aad By Penoaael was oa .. """ ..... I . • 0 - - • • • Daniel L. Brotzman City Attorney April 29, 1996 Page 7 • 0 I • - January 31, 1996, and would be receiving a final payroll check around mid-February. • This allegation relating to an incident on January 31, 1996 is difficult to address because there is no evidence that there was any Council meeting or vote on January 31, 1996. The allegation that Council member Hathaway, "did not excuse herself from voting on matters involving the consideration of her own official conduct or when her personal or financial interest is involved," is equally difficult to address. If there was no vote, there could not have been a conflict as described in this allegation. The only conceivable related issue may have occurred at a Council meeting on February 5, 1996, when the Council voted to table Bill No. 5 (the ordinance relating to temporary agencie~day labor.) It appears Council member Hathaway did participate that evening in the procedural vote under the rules of parliamentary procedure to table further consideration of the subject ordinance. A procedural vote to table such ordinance could not, in and of itself, constitute a conflict as it is uncontrovened that Council member Hathaway did not work for Stand By Personnel after January 31, 1996, and in any event, there is no showing that she engaged in any act which would violate the City's conflict of interest ordinance, Englewood City Code, Section 3-10-5, et seq. That very broad conflict of interest provision would appear to cover virtually any conceivable impropriety by a public official. At Section 3-10-5, subparagraph D, it is clear that the City considers it a conflict if an employee holds an employment relationship with a business entity or agency subject to the regulation of the City of Englewood and such relationship, "will create a conflict between his/her private interests and the performance of hWber public duties or that would impede the full and faithful discharge of his/her public duties." In the instant case, any such employment relationship was terminated as of January 31, 1996, and there is no evidence that Council member Hathaway directly benefited in any respect from any votes that she may have participated in, indeed, "there was no vote on January 31, 1996," nor is there any indication that a vote to table the regulatory ordinance on February 5, 1996 was either favorable or unfavorable to any particular party, specifically the Council member's former employer. In order to demonstrate a conflict of interest under the statute, one must show a certain "legal nexus"or direct connection or benefit for action taken. Unless such is demonstrated by competent evidence, and this is not the case in these allegations, then the dispute between the parties becomes nothing more or less than a political dispute that under our system of government must be addressed in the political arena. In looking at all the uncontrovened facts in this matter and recognizing the very broad consuuction that is to be given to the remedial legislation of the conflict of interest ordinance, one . .... ... I . • 0 - 1-- • • • • 0 I• • Daniel L Brotzman City Attorney May l, 1996 Page 8 cannot find that any of the actions taken by Council member Hathaway, be it the unofficial action of providing information to constituents or the official action of voting on a matter, can reasonably be construed as demonstrating a conflict of interest. In any event, there can be no violation of section 37 concerning any actions taken on January 31, 1996, as there was no Council meeting and there were no votes by Council member Hathaway on that date. S. On January 31, 1996, Councilperson Hathaway violated Home Rule Charter No. 37, by willful conduct and with malice disregard to her office and the constituents of District No. 1, by willfully and knowingly circulating or cause to be circulated Bill No. S, the disclosure of which defeated the lawful purpose for which it was intended to accomplish-by creating confusion among her constituents and area businesses associated with the matters of Stand By Personnel. The same Charter provision is referred to in allegation 5, as was listed in allegation 4, and since there was no such vote on January 31, 1996, there cannot have been any violation of that Charter Section. The actions complained of, circulating the subject ordinance, "the disclosure of which defeated the lawful purpose for which it was intended to accompli~" would appear to be an allegation that the member of Council, by disclosing information prevented an ordinance from being enacted that may somehow have snuck through the legislative process, thereby sandbagging a certain constituency or member of the public. This allegation, even if it were true, is not a basis for finding conflict. The allegation is more in the nature of a comment on the correct way the political process is intended to function. 1bc mere disclosure of an ordinance is all that occurred, and the allegation that such disclosure somehow created "confusion among ... constituents and area businesses" is more in the nature of a political comment from the party who may not have prevailed in the political in- fighting than a responsible allegation of conflict or other violation of City Charter . Obviously, it is not the purpose of the City Council, despite what the citizen complainant seems to be saying in her allegations, to quietly enact legislation before constituencies arc aware of just what the City Council is doing in implementing legislative policy. Indeed, such star chamber legislative action is a far greater evil than disclosure of information, as is well recognized by the open meetings and public records policies of vinually every level of government in this nation. In summary, the issues raised by citizen, Sandra Y. Ostema, reprdin& the conduct of Council member Rita Hathaway are clearly in the nature of political ,, - • . ... I . • 0 - - Daniel L Brotzman City Attorney May 1, 1996 Page 9 (. • • • disagreement and should, indeed, be addressed in the political arena. The fact that Council member Hathaway did not exercise the restraint that Ms. Ostema would have preferred in concealing the ordinance from one or more constituents or in approving the ordinance as written, which apparently was the goal of the complaining cimen, is a matter for the political process, not the conflict of interest regulations of the City which are rightly intended to cover those instances in which there has been financial gain or inappropriate self-dealing by a public official or employee in violation of the prolubitions of the Charter and ordinances. In reviewing all the facts which arc essentially not in dispute, and in applying the City ordinances prohibiting conflicts of interest, the City Charter and procedural manual of City Council concerning the proper procedures for enacting legislation in the most broad and remedial sense, we are unable to find any violation of Charter, ordinance, or procedure in the actions of Council member Rita Hathaway. There is no legally recognizable conflict of interest in this case, although there is obviously a political dispute which must remain in the political arena. We arc confident that any such political dispute, as is appropriate in a democracy under our form of representative government, will be resolved in the best interests and for the general welfare of all the citizens of the Qty of Englewood, Colorado. JOHN P. DiFALCO & ASSOCIATES, P.C. . , •. I . . 0 1 J2xl • • . .... • 0 • ' ,- ... . . I . • 0 , 2 • - 0 I• • - fiv~&J-4:L ~~-- • ~ ~~~"o ~ . - • I . . 0 ' • • - 0 I• • - • • • ,, - . ' ... . . . I . . 0 ' 2 I • • 0 • f/dv't{ ~ ~~~ ~~~~~ fJ IY~/~~W~~ ~~~ !}wiv~ -CkU_-ve~-~ ~~--- ,• .. "' - ·- ., I . . 0 - - • • • . . 0 I• • (2,p-~~~ . ~ ~ /!b,v~ {'/W,,~ ~~~;,,, F djJLp -7ftl_ ~ @ ~r'--- ~~ S/fOJ7~~~ (l,t~·f ~f:!: ,.,,,._,,,, i~y ~ -~. ~ j)l 4 -• • • ' . . . . . I . . 0 '32xl - - • • • .. .... • •. 0 I • • I . . 0 . \ . • - 0 , . • - • .., • I . . 0 • • "' - . . 0 I • • - . . • • I . . 0 ' • ••• '32xl • - 0 I• • ' • • C • - J I - • • • • 0 I• • ~--k;w- ! ~~~ tf}JJf ~ ~~ -tr CUJj ~ .. - ' ,. - . ~ • . ' ' . I . • 0 ,, -• . . -. . ,J. I I • 0 I• • /~-a:i -~- ) (J) Whud~ ~ ~ ~ ~~~~- /~-Ir) i-~11-~ i1-~f"~~~ ·•, -'• I •• ....... . ... . . I . . 0 f 32xl ,,. - -I ' 0 ; • • I . -(i)~~dL ' . ~ g;;; (J PK, fu;; 'Y~~ !, ~ue~ /!~I I ' ~if ~-/ )) f+ y; /i) I GJ?//J ~ {J) U~hiuis /g;-v ~ -;/17 . . I 4f(J t ~ (flj-_ I du~~ I . ?J~~ • ~~-0 ' . • .. \ . - • • • .. - • 0 • .. ' •. --~,,_ •. . . . " I . • 0 • " - . ' - 0 I • • , I ... . . • 0 • .. .... '• I •• ...... . • ' ' - 0 ; • • , / , /J Ii I I ... • I . . 0 • - - • • • . ,~ • add/~~/~~~ f {t yl_ C'/N(r~ -AGENDAFORTHE ~~ , ~ REGULAR MEETING OF ~ ~~- / (b i1 ~ THE GLEWOOO CITY COUNCIL ~ ~ t~,\~tf/ MAY8,1... /U-OW()4J ?1Sr¥dj}J; ,,30P.... ~ ~ 1. Call to order. f) .-:31 2. Invocation. w~ 3. Pledge of Allegiance. ~ 4 . RollCall. '7~ 5. Minutes. 0/fd'l-O •· .. .,..,. ham the"'""" City Councll -of April 16, 1998-J,/~ 6. Scheduled Visitors. (Please limit your ~uentation to ten minutes.I I ~ JuJ~_J'if, I CJ.twVi...- a. Tom Buucher;ffie 'att&m.y repreHnting the Englewood Police Benefit Association, will be in attendance to address Council regarding agenda item 11 a ii, (regarding Hearing Officers} . Letter from Joseph Ha~~n ~~ his resignation from the Clean, Green, and Proud Commi11ion.~LQ Proclamation declaring May 23, 1998 as Arbor Dey~ Proclamation supporting the re-naming of the South Platte River Greenway the M•rv Carter Gn,enw•y. ~ ..._ .... If you..._ • ._...., ..., .... ...a.,y aldaar....,,_.lllllfy .. Cllyolflialtaoad(762-2J79»al lalll 41 '-w In advance of..__.._......_ n.11 ,-. ' I . • 0 I - - City Council Apnda May6, 1996 l'ap] . ' • • • <. 1 1 . Ordinances . Aaolutions. and Motions. a. Approve on Fm Reading . ,, - Aec:ommendation from the Department of Utilities to approve, by motion, a atandad agrwnent with Camp, DrNNr • McKN, Inc. for study. report, and prof111i D1181 dnign, bidding, and conetruction WYicel for the Allen Filter Plant~-.'J,A!!_ 80UIICE: Stewart Fonda, DnctarofU-... ~ ii. Recommendation from the Department of Adminiltrative Service• to adopt a bill for an Ol'dinance Ntting forth procedurn to appoint hearing "~ n D officers and regulationl for review by the hearing officerl. STAFF ,r ~ '/-~labar§§S;w-·••aaaw .... inil" (). ,J I /n iii. Recommendation from the Office of Neig~nd Bu1iness f(JM:P-4-rJJ Development to adopt a resolution approving the final plat of the {l.irf) f/-0 ·chicken Ranch Estates• Subdivisio,r,· 1ITAFF.S0URCE: Harold J. Sdtt, Tr 111anrq Community Coordinator. w ~ r# I')/,, iv. Recommendation from the Englewood Hou11ng Authority to adopt a bill {7 \V for an ordinance approving an Intergovernmental Agreement for the 1 996 J-0 _ / Arapahoe County Community Development Block Grant Program. STH_~, ,, SOURCES: Paul Mall wwll:I. !XiWIIH Dllaclui 9f the Englewood ~ l£rA/I.J: PJ~ Ha,111ng •·••'*»·...a., .... a......._., ~-1111111a11at. " .oJt. ~ v. Recommendation from the Department of Safety Services to adopt a bill !!Bf ~?--0 o,lo,; .......... "'°"'":':: ..::.~;r,- b. Approve on cond Reading. . -f d ·--- % 12. General Discussion. a. Mayor's Choice. b . Council Members' Choice. A resolution honoring Austin Gomejl!_~',a'!~ood;s ,,96 Citizen of the ......Jl.:..J,......,,;,..-----:-:--Year. ~ ~ ~ ii. Motionr.u/ hold a C~y Council study 1ession on Tuesday, May 7, 1996 at i • 5:30 p.m. to meet with representatives from Clarion Associates • . .. •· • 0 , I - - • • 0 • 1. Call to order. 2 . Invocation. ~ 3 . Pledge of Allegiance. ~ 4. Roll Call. '7 ~ 5. Minutes. Offd 'J-Q •· M;,..,,. from the Regu"" COy Council M-of April 15, 1998-J,/~ • 6. Scheduled Visitors. (Please limit your presentation to ten minutes.I I~ Jd1h.fif, )~ 7 . 8. a. Tom Buescher:,1ne'itt&rney representing the Englewood Police Benefit Association, will be in attendance to address Council regarding agenda item 11 a ii, (regarding Hearing Officers). Letter from Joseph Ha~~n ~~ _his resignation from the Clean, Green, and Proud Commission.~.IQ Proclamation declaring May 23, 1998 as Arbor Day.~ Proclamation supporting the re-naming of the South Platte River Greenway the Mary Carter GnHH1way. ~ Pleae IIOle: If you haw a llubillly and .... MIICllilry aldl • wvka. .--IIOllfy .._City of Ea .. 1 .... (762-UM at leMt 41 houn in advMCe of whal _.. are....._ ...._ you. ' •. ... I . • 0 '32xl - • • Oty Councll .- M.iy 6, 1996 ,.2 • • I• • ,. i. Recommendation from the Utilities Department to adopt a bill for an ordinance approving a Joint Funding Agreement with the U. S. Geological Survey for a gaging station at Union Avenue and the South Platte River. STAFF SOURCE: Stewart Fonda, Dhc:tor of Ullldee. ii. Recommendation from the Public Works Department to approve, by motion, the purchase of a Street Sweeper. Steff recommends awarding the bid to the low bidder, Feris Machinery Company, in the amount of $68,780.00. STAFF SOURCE: a--Estaty, Dhctar of,_.. Worb. iii. Recommendation from the Public Works 0epenment to adopt• bill for en ordinance approving en lntergovemmentel Agreement with the City of Thornton for rotomilling wvica. STAFF IOUIICE: a--Eeterly, Director of ,_.. Worb. .,, - Approve on Second Reeding . ~~ L-, ,__ ~').:t} i. Council Bill No. 13, approvi~v~~ Agreement with the City of Sheridan for fleet maintenance • ii. Council Bill No. 14, approving en Intergovernmental Agreement with Englewood Schools for fleet maintenance. Pleall note: If,-haw a......., wl ...a ..illlry .... _..., .... lllllfy .. Clly el l191aaa• (7U-U71t• lellll 41 holn In---· ...... _.... ........ n..11,-. . . ,. .. I . • 0 , - • • • • ,. • --·-- City Council Agenda May6, 1996 Pap3 11 . Ordinances, Resolutions, and Motions. a. Approve on First Reading. Recommendation from the Department of Utilities to approve, by motion, a standard agreement with Camp, Dresser & McKee, Inc. for study, report, and profe11ional design, bidding, and construction services for the Allen Filter Plant lmpriY~~t~. -~~ SOURCE: Stewart Fonda, Director of Udldn. ~ Recommendation from the o.s,.tment of Administrative Services to adopt a bill for an ordinance setting forth procedures to appoint hearing J~ n [) officers and regulations for review by the hearing officers. STAFF ,r ~ '1-~ Lab« §°'t-V*·••uadvi llnices iriir {)_ ,1, 1 In iii. Recommendation from the Office of Neig~nd Business ii. /(Jl}fJ:P' L-/j Development to adopt a resolution approving the final plat of the fff(f'?-0 =~=~~ ... , .............. riJ '1 ! /1 iv. Recommendation from the Englewood Hou11ng Authority to edopt a bill (7 W for an ordinance approving an Intergovernmental Agreement for the 1996 ~ -0 -/ Arapahoe County Community Development Block Grant Program. STH!°J. ,, SOURCES: Paul llll1wwllll, biWdN Dllwulu& el *9 ...... wood ~ lfiA/AJ : 13~ ttoe,p1ng •••••· w1 .,. ... .-.......... ~a 111111111 t. rt 11211::. ~ v. Recommendation from the Department of Safety Services to adopt a bill ~~LJn_ n for an ordinance prohibiting tobacco use by minors. STAFF SOURCE: ~r,< · 1--v Ot '#i of safety s.n,1ca~ 1 A,_,, b. Approve on cond Reading. --f d --- % 12. General Discussion. a. Mayor's Choice. b . Council Members' Choice. C0 '7_~0 i. ~:=r~ol~ng ~~~96 Citizen of the _11-1,.-:::::;..------::ii-. -Motionr.J hold a C~y Council etudy session on Tuesday, May 7, 1996 at ?-O 5:30 p.m. to meet with representatives from Clarion Aaaociates I • • 0 '32 x l • . ' • . • • .. - a. Di Falco opinion regarding Oateme complaint. Adjournment./ O :(:;i.._ -~ The following minutes were transmitted to Council from 04/12/96 • 05/02/96: • Englewood Non-Emergency Pension Board meeting of January 9, 1996 • Englewood Public Library Board meeting of March 12, 1996 • Englewood Board of Adjustment end Appeals meeting of February 14, 1996 ., I . . 0 Plwe nolr. If you hew a6111111ly N .... ~ ............... Mllfy .. Cllyel E -taDDll(762-D71)11 ....... hourlln..._. .................... n-11,-. , '2'-> VI