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HomeMy WebLinkAbout2007-09-04 (Regular) Meeting Agenda Packet1. 2. 3. 4 . 5. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CllY COUNCIL Tuesday, September 4, 2007 7:30 p.m. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 Call to order. '7:3~ Invocation.~ Pledge of Allegiance. ~ RollCall. dt/ ~ Consideration of Minutes of Previous Session . ~ '4,--a. Minutes from the Regular City Council meeting of August 20, 2007. ~ /JI,,.,./~·· J " J '7 .-O Barrentine amended the minutes on page 13, third line in the 4'" paragraph from the bottom to read : .. ."which Jerry Ca ll , the elected W IW'~ representative of South Suburban Parks and Rec , made it very dear to me, that the foundation is separate from them ." 6 . Recognition of Scheduled Public Comment. {Please limit your presentation to ten minutes.) a. Barbara Burget will address City Council regarding the upcoming 100 yea r anniversary of the Englewood Bible Church . 7 . Recognition of Unscheduled Public Comment. (Please limit your presentation to five minutes. Time for unscheduled public comment may be limited to 45 minutes and if limi d s I be continued to General Discussion .) 8. ommunications, Proclamations, and Appointments. a. Letter from Keep Englewood Beautiful Chair Holly Montagl.lj\r~cw~sti~ that City Council accept a verbal resignation from Theresa Sabrsula ./ II~ ,r;,. ,,,JJ-fjf{"' b. Resolution appointing Danielle Kent as a Keep Englewood Beautiful Member~~ ~' tli)i;d'?-0 -'[! [ "" Proclamation declaring the week of September 17 through 23, 2007 as Constitution ~7 o week.~ ood Englewood City Council Agenda September 4, 2007 Page 2 9 . ......, Consent Agenda Items . /)?J ~ 1/1-~ fJ~Fj. t) IArJrJnl11ntr,.,A1 /IJJ.HJ..11 to~ {:JlA.f$A)r AGi. ',1-. . . 9 · . · "TT"" a~ V Ap~ri' ~(Ji~:inceson First p£a{jing~ --1 a.i 7 p-, ;"r// t!./'11/ ) ) i. Council Bill No. 50 -Recommendation from the Water and Sewer Board to adopt a bill for an ordinance approving a Permanent Utility Easement for Natches Court for the Riverpoint at Sheridan project. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. b. Approval of Ordinances on Second Reading. Council Bill No. 48, approving the Grant of an E~sement for the Zuni Water Tank and a Quit Claim Deed for 2890 South Zuni Street. ii. Council Bill No. 49, approvi ng a License -City Ditch Crossing Agreement for 3066 South Sherman Street. c. Resolutions and Motions. Recommendation from the Community Development Department to adopt a Re solution approving the City's application for FY2008 Commun i ty Development Block Grant funds. STAFF SOURCE: Janet Grimmett, Housing Finance Specialist. i i. Recommendation from the Public Works Department to approve, by Motion, roof repairs for the Servicenter and the Fox Street Safety Services facility . Staff recommends awarding the bid to the lowest technically acceptable bidder, CRW, In c., in the amount of $87,274. STAFF SOURCE: Dave Henderson, Engineering/Capital Projects Administrator . 10. Public Hearing Items. (No Public Hearing Sched uled.) ~ 11 . Ordinances, Resolutions and Motions. Pl a. Approval of Ordinances on First Reading. i. Council Bill No. 51 -Recommendation from the Community Development 1'epartment to adopt a Bill for an Ordinance approving a rezoning request from Craig Hospital for Lots 5-16, Block 4, Higgins South Broadway Heights. Staff also requests that Council set a Public Hearing on October 1, 2007 to gather pu lie input on this roposal. STAFF SOU RCE: Tricia Lango n, Se nior Planner. ,. . . Englewood City Council Agenda September 4, 2007 Page 3 b. Approval of Ordinances on Second Reading. fJiH" 11. i. Council Bill No. 45, adopting the International Property Maintenance Code I.. / 200~ to establish ~lear and specific p.r~perty ~tenance requirements with .(#-. rj~\1xoperty improvement prov1s1ons . c:7/~ ~Motions. 12. General Discussion. a. Mayor's Choice. b. Council Members' Choice. 13. City Manager's Report. 14. City Attorney's Report. 15. Adjournment. f/:55'~ The following minutes were transmitted to City Council in August 2007. • Alliance for Commerce in Englewood Committee meetings of May 10 and June 14, 2007. • Englew ood Housing Authori ty meetings of May 2 and June 6, 2 00 7. • Cultural Art s Commi ssi on meetin g of Jul y 11, 200 7. • South Broadway Business Improvement District-meetings of October 10, October 25, November 29, and December 20, 2006; and January 24, February 21 , March 21, April 18, May 30, and June 27, 2007. PUBLIC COMMENT ROSTER AGENDA ITEM 7 UNSCHEDULED PUBLIC COMMENT DATE: September 4, 2007 PLEASE LIMIT YOUR PRESENTATION TO FIVE MINUTES PLEASE PRINT NAME ADDRESS TOPIC .. ' Englewood B ible Church 3190 South Grant Street Englewood • CO• 80110 Barbara Burget Representative Phone : 303.762 .1663 Fax : 303 .806 .9004 Webs ite : www .englewoodbiblechurch .org , .. 3190 South Grant Street• Englewood, CO 80113 • Phone : 303.762 .1663 • Fax: 303 .806 .9004 • www .englewoodbiblechurch.org September 4 , 2007 Dear Englewood City Council Members, This year Englewood Bible Church (a.k.a. First Christian Church of Englewood) is celebrating 100 years of in vo lvement wi th the people of Englewood and the surrounding communities as well as faithfully proclaiming God 's Word. We are extremely happy to have been a part of this community for I 00 years and look forward to many more years to come ! We are planning a special celebration service on Sunday. October 14. 2007 from 9:30 -11 :30 AM to commemorate this historic event. We expect man y people who have been part of our church and community, at one time or another, to attend this celebration. We hope for a grand reunion as peopl e come back to celebrate the life of our church in thi s community. Immediatel y following the ce lebration serv ice we will be serving lunch. tickets need to be purchased in a dvanc e for th e lunch eon . We wo uld be honored if yo u wo uld pass a re so lution commemorating thi s mil eston e achievement for our church and community. Also, an y other gesture yo u could make to help u s celebrate thi s event would be very much appreciated. A 100-year celebration is a big eve nt that not every business or organization will celebrate . We arc thankful to be celebrating ours thi s yea r. We are al so exc ited to be embarking on our next 100 years of in volve m e nt in our community! Z ?;J . ,)- Bo b ll ayes ~ Pa to r Engl ewood Bible hurch en van s Pastor Englewood Bible Church Bob Hayes , Pastor • Ken Evans , Pastor Chad Hoffman . Youth Director , ~~~~~~~~~~~~~~~~~~~~~~ • ... • ... • y . • Ii'. • •• • ... • Ii'. • 9'. •Ii'" •I':'• ... • Y:" • I'. • 9".:" • .. :-• y ;-• .... • 9';"-• Y . • ... • ... • ... f~t Celebration: 100 Years '.?~$ ~ ~ ~~ (1907-2007) ;;; :f•t; .... , ?;~ ·:.:: 1;~ Join us Sunl9, Octoftr 14, 2007 'J;'. ~~ '\t 9:30 a.m . (loors onen at 8:00 a.m.) 'J;'. :t·~ -'t. I .••\ ;~~ Jor a servia to aftf raft tht { 7;~ 100thk!nivmary of 'J:: :t·i~ ;4•\ ~ ~ 'J:~ c:I!,9f cwool 13,f fe (gurc6 'J:'. ~ V 7:~ (fonntrfy Jirst (gn"stian (gurch of CJ1,Jfcwood) ~;. l;~ 3190 South Jrant Strut, CJ1,Jf twool, (P 80113 ·7;. l;~ 303 A76'2 A16'6'3 '::: .:4 •\, .... ~ ~ :r~~ ')(_(Achurch [unchton fo[fows Strvia } .,... .;, ~:\, ~:. · •·· Luncheon tickets are available in the Auditorium on · •· 'J;~ Sundays beg inn ing Augu st 26 or from the church offi ce. 7;. ~-\~ ... :,.;!' -.,.;. i;'.~ Ticket prices through Ticket prices :;, 'J;~ September 30 : beginning October 1: ~;. •·' $10Adult(ages12+) $13Adult(ages12+) •· j~; $7 Child (ages 4-11) $7 (ages 4-11) { 1;~ :;. .. •· ~!t Inspiration: 2007 and Beyond l :·.;!' . .; . ..... .... , ,4 •t, .•• , ............ , ............. , .......................... ~. :f• ............ ;4 • .. . .... .;!-1.:.•t.:!-.1.:.•.1.:!-.'.; .... 1.;!-.'.;~.1 .;~.1.;.•.1 .:~ .... ., ............ ,.;~ .......... ,.; ... .;~.,.;~. •· .. ' 1. Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD,ARAPAHOECOUNTY,COLORADO Regular Session August 20, 2007 The regular meeting of the Englewood City Council was called to order by Mayor Wolosyn at 7 :30 p.m . 2. Invocation The invocation was given by Council Member Barrentine . 3 . Pledge of Allegiance The Pledge of Allegiance was led by Mayor Wolosyn . 4 . Roll Call Present: Absent: A quorum was present. Council Members Tomasso, Moore, Barrentine, Oakley, Mccaslin, Woodward, Wolosyn None Also present: City Manager Sears City Attorney Brotzman Deputy City Manager Flaherty Deputy Clerk Bush City Clerk Ellis Director Gryglewicz, Finance and Administrative Services Director Fonda , Utilities Director Black , Parks and Recreation Director Kahm, Public Works Director Wh ite, Community Development Chief Bu ilding Official Smith, Safety Services Engineering/Capital Projects Administrator Henderson , Public Works Police Commander Watson , Safety Services 5 . Consideration of Minutes of Previous Session -~-- (a) COUNCIL MEMBER TOMASSO MOVED , AND IT WAS SECONDED , TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF AUGUST 6, 2007. Mayor Wolosyn asked if there were any comments . There were none . Vote results : Ay es : N ay s: Motion carried . Council Membe rs Barrent ine , Mccasl in , Moore , Wolosyn , Woodward , Tomasso , Oakley None 6 Recogn ition of Scheduled Public Comment Th r w r no ch dul d v, ,tors Englewood City Council August 20, 2007 Page 2 7 . Recognition of Unscheduled Public Comment (a) Marilyn Meister, a Littleton resident, said I would like to introduce my husband Brad Meister . We're here as the owners of Liquor Control Incorporated, which is the company that owns the property between Lehow and the creek that is the subject of one of your resolutions regard ing eminent domain later this evening . And the reason we're here is that we would like to express some concern, from our perspective , of the history, kind of the highlight of the history, of the events from our perspective . We have concerns about eminent domain being used . But let me tell you first, we heard about the bike trail in informal discussions with Bob Seams . And then in February of 2003, in a letter , we were asked to donate about 2 acres of our 4 acre parcel ... which caused us concern ... for a ten foot wide bike trail. We didn 't think 2 acres were needed . But we never have received any answers to a couple of specific questions that we have posed to Mr. Seams . At that time though, he did tell us that eminent domain was not an option, so we were kind of surprised by some of the subsequent events . Nothing much happened for awhile . Then in 2005, a casual acquaintance of ours, Mr. John Cavey, repeatedly told us, at various social occasions , you should just sell that property to Englewood . And we never did figure out what was going on, because there was no real business meeting, ever, that took place between us and Mr . Cavey. And we didn't know if he was trying to represent the City, or was he trying to represent us? We could never figure out what his interest was in this whole situation. So that kind of died down for awhile and then in the middle of 2006, we got a copy of an appraisal and, as we recall, Mr . Cavey dropped it off to my husband Brad at another social event. In 2006, in August, we got a letter from Stan Dial, saying he was working with the City and South Suburban Park Foundation about this easement. So since we felt that our issues had never been taken seriously before, at that time, we hired an attorney. We sent him to meet with Mr. Dial. He had our list of questions , issues, proposals and alternatives . And once again , we got no response to anything on our list. No acknowledgement of the meeting or any response of any kind . Then in January of 2007 , we read about ourselves in the Englewood Herald , in regard to a December City Council meeting , where , I guess , you folks were considering new negotiations because of these "previous, lengthy, unresolved negotiations ." And reference was made that negotiations dated back to 1997 , although, in our experience, this was off by several years . Based on our bus iness and real estate experience , we really had never seen any real negotiations at that point. This current year , in May, Mr . Ed Peck or Ed Dry from Peck and Associates scheduled a meeting with us , so we went to downtown Denver to meet w it h Ed . He could not attend the meeting but other folks from Peck and Associates were there . We again presented our list of issues and questions and concerns and at that meeting , we were given copies of public documents such as the flood plain info and zoning, but noth ing ... no new information was given to us . The publ ic documents came from Mr. Bagley . Then in June , we actually met w ith Ed Dry and we did receive some in fo rmati on about City liability for acc idents on the b ike trail , which was not our real is sue . We again gave Ed Dry ou r list of iss ues and concerns . He gave us a verbal offer , wh ich again did not address our concerns, issues or questions . And he said he would contact us again after July 41 h , for further discussions . In the first part of Au gust, we hadn't heard anything so we called Mr. Dry and he said it was back to the City of Englewood . We found out after several calls that we were on the agenda here tonight. So , in conclusion, we still have about four main questions : we wonder why is this up for a vote to use eminent domain when , from our perspective , there have been no real negotiations? We submitted our concerns and issues four times , three times formally and have received no answers . People say that there has been an offer made to Liquor Control, we'd like to get a copy if there 's a written offer. And along with that offer, we would like explanations of what the offer is based on, and all our issues and concerns and questions, have they been considered and are they all rejected? Is that the status or what's going on? And we've got concerns with all of these various people , I guess , allegedly saying they've been negotiating . So we wondered, can we get copies of the bills that were pa id to all of these various so-called negotiators? We are starting to wonder if the funding spent on all of these people that have been involved in one way , shape or form , but don't get back to us, or don 't give us anything in writing , or don't answer questions ... we'd really like to know what the dollar value is that's been spent for those efforts compared to any offer. We wondered is it more prudently responsible to use funds on those folks or is it more prudent to actually use them in an effort to negot iate in true good faith? That's all I have . Mayor Wolosyn said thank you . During this part of the meeting, we don't engage in dialog , but I can assure you thes questions will come up , later in the meet ing . ' Englewood City Council August 20, 2007 Page 3 Mrs. Meister said thank you, thank you very much for the time. This is my first experience with any City Council so it's all new to me . Mayor Wolosyn said thank you . (b) Brad Meister, a Littleton resident, said basically, I will just address Council as basically when good faith efforts are put forward, that means both parties do it. You guys have called us for meetings or your representatives have . We've shown up every time . Nobody's shown up on your behalf. They say we'll get back to you. Nobody ever has . I don't think that it is good faith effort. That's all I have to say . Mayor Wolosyn asked if anyone else wished to address Council at this time? No one did . 8. Communications, Proclamations and Appointments (a) A letter of resignation from Jon Cook from the South Broadway Englewood Business Improvement District was considered . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO ACCEPT THE RESIGNATION OF JON COOK FROM THE SOUTH BROADWAY ENGLEWOOD BUSINESS IMPROVEMENT DISTRICT. Mayor Wolosyn asked if there were any comments . Council Member Barrentine said Jon Cook was very instrumental in getting that district started, and I know that he is probably busy, but he will be dearly missed as he was one of the founders and innovators and owns a huge amount of that property. I was confused why they would want to tax themselves additionally to do that but they made it successful, and I'm sorry to see him go . Mayor Wolosyn asked if there were any other comments . There were none. Vote results: Motion carried . Ayes : Council Members Barrentine, Mccaslin, Moore, Wolosyn, Woodward, Tomasso , Oakley Nays : None (b) A proclamation declaring September as National Alcohol and Drug Add icti on Recovery Month was considered . COUNCIL MEMBER TOMASSO MOVED , AND IT WAS SECONDED, TO DECLARE SEPTEMBER AS NATIONAL ALCOHOL AND DRUG AWARENESS RECOVERY MONTH . Mayor Wolosyn asked if there were any comments . There were none . Vote results : Mot ion carried. Ayes : Council Members Barrentine, Mccaslin, Moore , Wolosyn , Woodward , Tomasso, Oakley Nays : None (c) A resolution appointing Br ian A. Ha rt to the South Broadway Englewood Bus iness Improvement District was considered . COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED , TO APPROVE AGENDA ITEM 8(c) - RESOLUTION NO . 84 , SERIES OF 2007 . R SOLUTION NO . 84 , SERIES OF 2007 Englewood City Council August 20, 2007 Page4 A RESOLUTION APPOINTING BRIAN HART TO THE SOUTH BROADWAY ENGLEWOOD BUSINESS IMPROVEMENT DISTRICT. Mayor Wolosyn asked if there were any comments . Council Member Tomasso said Brian is a very active member of the business community and he was a unanimous choice by the BID board . Council Member Barrentine said he is the owner of Frame d'Art and he mentioned that he 's done twice the business since he's been in Englewood, and I was very grateful to hear that. Mayor Woiosyn said I should add that Brian has really been involved with the arts community since he arrived . Council Member Mccaslin said you know I've dealt with Brian for quite awhile . I do a lot of charity events for diabetes and he's always been very accessible, participating in my events . So I appreciate the work he's done for the City and continues to do . Mayor Wolosyn said if there is no further discussion, please vote . Vote results: Motion carried . Ayes : Council Members Barrentine, Mccaslin , Moore, Wolosyn , Woodward, Tomasso , Oakley Nays : None 9 . Consent Agenda (a) Approval of Ordinances on First Reading There were no addit ional items submitted for approval on first reading . (SEE AGENDA ITEM 11 (a).) COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEM 9 (b) (i). (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO . 44 , SERIES OF 2007 (COUNCIL BILL No . 46, INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COMMISSIONERS OF ARAPAHOE COUNTY, COLORADO, BY AND THROUGH THE ARAPAHOE COUNTY CLERK AND RECORDER, AND THE CITY OF ENGLEWOOD, COLORADO , TO CONDUCT A COORDINATED ELECTION ON NOVEMBER 6 , 2007 Vote results : Mot ion carried . Ayes : Council Members Barrentine , Mccaslin , Moore, Wolosyn , Woodward, Tomasso, Oakley Nays : None (c) Resolutions and Motions Th r w r no dditional re olution or motions submitted for approval. (See Agenda Item 11 (c).) 10 Publ c HHr ng Items f Englewood City Council August 20, 2007 Page 5 No public hearing was scheduled before Council. 11 . Ordinances, Resolution and Motions (a) Approval of Ordinances on First Reading (i) Chief Building Official Smith presented a recommendation from Safety Services , Division of Building and Safety, to approve a Bill for an Ordinance adopting the International Property Maintenance Code 2006 to establish clear and specific property maintenance requirements with required property improvement provisions . He said I'm here to recommend the approval to adopt the ordinance of the International Property Maintenance Code 2006 . This will establish clear and specific property maintenance requirements with required property improvement provisions . Some background on it: we have, since 1985, utilized the Englewood Municipal Code Title 9 Housing Regulations and in 2000, we adopted the Uniform Code for Abatement of Dangerous Buildings. This document, the Property Maintenance Code , will replace those two documents as our code for maintaining and caring of both commercial and residential property. The financial impact of it is very minimal, less than $200 .00 for code books . We've been receiving training for the last several years on this Code as well as all of the other International Codes . The amendments that we 're proposing are basically known . Most of them are administrative , to really show compliance with the current Mun icipal Code provisions for penalties, violations, and how to placard and post properties . Definitions we 've included are family and household from the Municipal Code to address the needs of that. In general requirements , we show that we 've deleted several items . These items are covered under other provisions within the Municipal Code . Chapter 4 is a new one that we haven't really seen in the Codes . We'll address overcrowding in resident ial units by limiting the number of occupants based on a square footage calculation . The mechanical and electrical requ irements are calling for the basic necessities in a house : heat , minimum lighting , and minimum vent ilat ion and just to make the places occupiable by the residents of both commercial and residential properties . He asked if there were any question . Mayor Wolosyn asked do you have any questions for Lance? We had this in Study Session a couple of weeks ago . There were no questions . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (i) -COUNCIL BILL NO. 45. COUNCIL BILL NO . 4 5, IN T RODUCED BY COUNCIL MEMBER WOODWARD A BIL L FOR AN ORDINAN CE REPEALING TITL E 8, CHAPTER 2(F ) -ENT ITL ED "TH E ABATEMENT O F DANGEROUS BUILDINGS CODE" A ND TITLE 9, CHAPTE RS 1 THRO UGH 4 -ENTITLED "HO USI NG REGULATIONS " OF THE ENGLEWOOD MUNICIPAL CODE 2000, AND REENACTING A NEW TITLE 8 , CHAPTER 2(F), ENTITLED "INTERNATIONAL PROPERTY MAINTENANCE CODE 2006" FOR THE CITY OF ENGLEWOOD , COLORADO . Mayor Wolosyn asked if there was any discussion . Council Member Barrentine said I won't be voting for this on first reading . It's quite a complicated document , and while I understand the financial impact to the City is only a couple of hundred dollars , the property rights issues and potential financ ial impact to property owners are increasing in my opin ion . I've tried to seek some additional information outs ide to clarify some of that , at least to supplement some of the information that you ga ve us in Study Ses si on . So at th is time , I don 't feel comfortable to vote for that until I get that other in for ma tion . Th an ks . Council Member Tomasso aid a t a workshop I attended by the Nat ional Leagu e of Cities in W ash ington D. C., they sta ted the National Pro pert y Main te nance Cod e was one of the ways to stop th e sli de into a gh etto of the first ring , first tier suburb , and it w as on e of the tools to u se to b ring your comm uni ty b ack up to the highest standards available , nd to improve the outlook of your communi ty and to prevent some properties from slum I n dlord s, and wh t th y would do to that property . So I'm voting for it. ~ I Englewood City Council August 20, 2007 Page 6 Council Member Mccaslin said I guess I'd like to state that all of the department heads , in the ir goals , are for a safe, clean and attractive City . I think that th is just adds another step in making it a clean and attractive City, if we help with the maintenance and upkeep of our build ings and residentials . So I will vote for it. Mayor Wolosyn said thank you Bob . Mayor Wolosyn asked if there were any other comments . There were none . Vote results: Motion carried . Ayes : Council Members Mccaslin, Moore, Wolosyn, Woodward, Tomasso, Oakley Nays : Council Member Barrentine (ii) Director Fonda presented a recommendation from the Water and Sewer Board and the Utilities Department to adopt a Bill for an Ordinance approv ing the Grant of an Easement for the Zun i Water Tank and a Quit Claim Deed for 2890 South Zuni Street. He said back in 1960 , the water tank was constructed, the property was divided and the property not needed for the water tank was sold to private interests , but we did not retain a right-of-way. That has recently come to our attent ion that this was the case ... the right-of-way for the line that leads away from the water tank to the street. The property owners are w ill ing to give us that, in exchange for us removing some clouds on the title that are really not significant to us. One of them is a five and one-half foot temporary construction easement for curb and gutter that was probably put in back in 1960 , which we certa inly don 't need . And the other was not even a recorded instrument. It was simply eighteen feet of property that we were cons idering keeping in add it ion for the pipe easement and never did . And we don 't need it ; the twenty feet is actually plenty for us to maintain t he water line . So w ith this we have a volunta ry grant of easement for the water line from these property owners and the staff and Water and Sewer Board are recommending adoption of th is ord inance . Mayor Wolosyn asked if there were any quest ions for Stu? There were none . COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (ii) • COUNCIL BILL NO . 48 . CO UNC IL BI LL NO . 48 , IN T RO DUC ED BY COUN CIL MEMB ER TOMASS O A BILL FOR A N ORDI NA NCE AUTH ORIZI NG A GRANT OF EASE MENT FOR THE W ATER LINE TO THE ZUNI WATER TANK AND A QUIT CLAIM DEED FOR 2890 SOUTH ZUNI STREET. Mayor Wolosyn asked if there was any discussion . There was none . Vote results: Motion carried . Ayes : Council Members Barrentine , Mccaslin, Moore, Wolosyn , Woodward , Tomasso, Oakley Nays : None (iii) Director Fonda presented a recommendation from the Water and Sewer Board and the Utilities Department to adopt a Bill for an Ordindnce approving a License -City Ditch Crossing agreement for 3066 South Sherman Street. He said the Ditch is currently piped in this location . Apparently , a new home is currently being constructed there . And what they're asking is to remove a fence, that used to keep people from throwing things in the Ditch, that is now piped, and putting decorative rock over the concrete abutment that is located there , that used to be needed to keep cars from running Into the Ditch . So right now, we think this would make the area more attractive and we are recommending approval. M yor Wolo yn k d if there w r any qu stion ? Englewood City Council August 20, 2007 Page7 Council Member Mccaslin said I think th a thi s is a great improvement to that block, so I appreciate it. COUNCIL MEMBER WOODWARD MOVED , AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (Iii) • COUNCIL BILL NO. 49 . COUNCIL BILL NO . 49, INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE AUTHORIZING A "LICENSE -CITY DITCH CROSSING AGREEMENT" FOR PLACING DECORATIVE ROCK ON A PORTION OF THE CITY DITCH RETAINING WALL AND REMOVING AN EXISTING FENCE IN THE CITY DITCH EASEMENT ADJACENT TO THE LOCATION OF 3066 SOUTH SHERMAN STREET, ENGLEWOOD, COLORADO . Mayor Wolosyn asked if there was any further discussion . There was none. Vote results: Motion carried . Ayes: Council Members Barrentine, Mccaslin , Moore , Wolosyn , Woodward, Tomasso, Oakley Nays : None (b) Approval of Ordinances on Second Reading (i) Council Bill No . 44 authorizing a Purchase Agreement and Lease Back to Koch Landscaping for the South Platte River Oxbow property in Englewood and Littleton for open space , recreation , w ildl ife hab itat , and water quality uses was considered . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (i) • ORDINANCE NO . 45, SERIES OF 2007. ORDINANCE NO . 45, SERIES OF 2007 (COUNCIL BILL NO . 44 , INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE AUTHORIZING THE PURCHASE AND SUBSEQUENT LEASE BACK OF PROPERTY WITHIN THE CITY OF ENGLEWOOD KNOWN AS T HE SOUTH PLATTE RIVER OXBOW HABITAT/WETLANDS . Mayor Wolosyn asked if there was any discussion . Council Member Barrentine said I needed to ask if this had anything to do with us agreeing to maintenance on there? Dan? Gary? City Manager Sears said Laurett, as I understand it, when we take over the property, it will be our responsibility to maintain the Oxbow property . Council Member Barrentine said that was not my understanding that we were going to do that , but in the meantime , is the lease holder going to be doing that? City Attorney Brotzman sa id the lease holder, Koch Landscaping, during the period of the lease , has to maintain the property . And there's insurance as well as an indemnity provision for that. As to when, after that five year period ends, we will be adopting an intergovernmental agreement that is not before you at the present time . Council Member Barrentine said correct, so we haven't agreed to the maintenance p iece yet. That Is in the future? City Altom y Brotzm n aid corr ct. Englewood City Council August 20, 2007 Pages Council Member Barrentine sa id okay. Just from all of the confusion , I'm just voicing a disagreement that we ever take over the maintenance piece of that, I'm going to vote no against this , and I've explained why . Mayor Wolosyn asked if there were any other comments . There were none . Vote results: Motion carried . Ayes : Council Members Mccaslin , Moore, Wolosyn, Woodward, Tomasso, Oakley Nays: Council Member Barrentine (ii) Council Bill No. 47 submitting to a vote of the registered electors of the City of Englewood a Charter Initiative on the November 6, 2007 ballot to amend Article XV of the City of Englewood Home Rule Charter by changing Section 137 :5 and by adding Section 137 :9 was considered . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (ii) -ORDINANCE NO. 46, SERIES OF 2007. ORDINANCE NO. 46, SERIES OF 2007 (COUNCIL BILL NO . 47, INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED MUNICIPAL ELECTION A PROPOSED AMENDMENT TO ARTICLE XV, ENGLEWOOD EMPLOYEE RELATIONS AND CAREER SERVICE SYSTEM ACT-1981 , SECTION 137 :5 "Subjects fo r collective bargaining" AND THE ADDITION OF A NEW SECTION 137 :9 "Deductions allowable from payroll compensation" OF THE ENGLEWOOD HOME RULE CHARTER. Mayor Wolosyn asked if there was any discussion . Council Member Barrentine said I have one question for Lou . Where it says question number, is that the verbiage that will be on the ballot piece of it? City Clerk Ellis responded yes . Council Member Barrentine said okay, and that's just how it was subm itted? City Clerk Ellis responded yes . Council Member Barrentine said okay. Thank you . I just wondered what would be on the ballot. Thank you . Vote results: Motion carried . Ayes : Council Members Barrentine , Mccaslin, Moore , Wolosyn, Woodward , Tomasso, Oakley Nays : None (c) Resolutions and Mot ions (i) Director Fonda presented a recommendation from the Water and Sewer Board and the Utilitie Department to adopt a Resolution authorizing the Transfer of Water Service at 2270 and 2275 West Chenango Avenue to Denver Water. He said we have an agreement w ith the Denver Water Board , along our common boundary , for Denver to serve Englewood properties or Englewood to serve Denver properties, should ,t b to the dvantage of both entities . And in this case, w have no lines in this area , and Denver has a looped yst m . It would b very difficult for us to put a looped sy tern in there to serve these two properties . So, with th t , w 'r r qu ting to llow D nv r to rve th prop rti , wh ch r in Englewood, and D nver ha Englewood City Council August 20, 2007 Page9 agreed to do so . We would also reciprocate in other areas where we had lines and they did not. So we would recommend that. Also, part of the proposal is to allow the Director of Utilities to go forward with these, in the limited number that we have, where we have a common boundary and it makes sense to, for one city or the other to serve . Mayor Wolosyn asked if there were any questions for Stu . Council Member Oakley said it says here that the majority of this development is in the City of Littleton. Majority meaning? Director Fonda replied the properties being developed in both cities and most of the development is in the Littleton side . These two properties happen to be in the Englewood City boundaries, even though I think the developer owns the entire parcel. Council Member Oakley said these two properties are in Englewood . Director Fonda said yes, they are in Englewood . Council Member Oakley said and Lowe 's is in Littleton . Was it all one development? Director Fonda said no, I think this is separate from Lowe's . It's another ... it's some other buildings that are being built. Council Member Oakley said okay, I know that we go down, there in a square , but I've never seen the survey on that. Director Fonda said but Lowe's has already come on . Their being served by Denver and that's why they have these lines in place that could serve these other properties. Mayor Wolosyn asked if there were any other questions . There were none . COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (i) -RESOLUTION NO. 81, SERIES OF 2007. RESOLUTION NO . 81 , SERIES OF 2007 A RESOLUTION AUTHORI Z ING T HE TRANSFER O F WAT ER SERV ICE AT TH E LOCATION OF 227 0 AND 2275 WEST CHENA NGO AVE NUE TO CONN ECT WITH DENVER WATER. Mayor Wolosyn asked if there was any other discussion . There was none . Vote results: Motion carried . Ayes : Council Members Barrentine , Mccasl in, Moore, Wolosyn, Woodward, Tomasso, Oakley Nays : None (ii) Director Black presented a recommendation from the Parks and Recreat ion Department to approve a Resolut ion supporting the City's grant application to Great Outdoors Colorado for Duncan Park acquisition funding . He said staff has recommended that Council approve the resolution supporting the City of Englewood's grant application to Great Outdoors Colorado for the acquisition of Duncan Park . You are aware that we have already received a $250,000 .00 grant from Arapahoe County Open Space . This resolution will support our application, wh ich is due August 27 . The maximum amount that we can apply for , in th is grant , is $200 ,000 .00 . We will submit the resolution with our application and we should be notified the latter part of December as to whether we are successful or not for this grant. Englewood City Council August 20, 2007 Page 10 Mayor Wolosyn said thank you Jerrell. Are there any questions or comments for Jerrell? There were none . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (ii) -RESOLUTION NO. 82, SERIES OF 2007. RESOLUTION NO. 82, SERIES OF 2007 A RESOLUTION SUPPORTING THE GREAT OUTDOORS COLORADO GRANT APPLICATION FOR DUNCAN PARK ACQUISITION FUNDING . Mayor Wolosyn asked if there was discussion . There was none . Vote results: Motion carried . Ayes : Council Members Barrentine, Mccaslin, Moore, Wolosyn, Woodward, Tomasso, Oakley Nays : None Director Black said thank you very much . (iii) Director Kahm presented a recommendation from the Department of Public Works to adopt a Resolution indicating the City of Englewood's intent to acquire easements of real property along Big Dry Creek Trail from Lehow to Broadway using the City's power of eminent domain for the purpose of providing a multi-use recreational trail. He said as you just stated, we are requesting at this time that Council approve a resolution concerning the City 's intent to acquire property ... easements actually, for Big Dry Creek Trail system . The history on this is somewhat sorted . First of all, I would like to state that the City is only a sponsor on this project. It was never our project. South Suburban, I believe, made several attempts, starting as early as 2001 to acquire rights-of-way or easements for , from Liquor Control Inc. and from RWC Ltd . for this missing link of the trail system . I know that as early as 2005, the South Suburban Foundation came to us and pointed out that they had been unsuccessful in negotiating a settlement and in acquiring these properties. They asked us for help , us being the City. At that time, we believed that negotiations possibly hadn't been done . I'm not saying in good faith but not effectively anyway . A fellow was hired , this John Cavey, by South Suburban . I believed that he made attempts to negotiate a settlement but to no resolve . Later , in this past December, actually your Council Communication says that it was December 4, 2007 but actually it was 2006, we did present this situation to Council at a Study Sess ion . Our feeling be ing that unless Counc il was willing to go forward and the end result possibly be ing condemnation , we were not going to be able to negotiate any settlement. Subsequent to that , we went forward . We cont racted fo r South Suburban , w ith H. C. Peck and Associates . They began some d isc uss ions earl ier th is ye ar. They came to us in late Ju ne a nd to ld us they bel ieved that witho ut, at lea st , the threat of condemnation and the exercise of eminent domain, it may not be possible to acquire these rights-of- way , these easements . The other thing that happened to us is ... you 've heard from the Meister's tonight. The second owner was RWC Ltd . Their attorney requested awhile back, as we were trying to negotiate , that they wanted to see our authority to do this, and from that standpoint, we met wi th our City Attorney, and we felt that we should formalize this process with tonight's resolution . With thi s res o luti o n, it just begins an extremely formal negotiati on project. H . C. Peck is on the State a pp roved list fo r nego tiators . They are one of only a handful tha t the State approves at this time . This is wh a t they have been do ing for many years . They are very good at it , so when they came to us and said they felt this was the nex t step , we had to honor that. The process is an attempt to acquire this trail easement for public use , comple t ing the exis ting missing link in the system . The whole purpose of the process is intended to compensate the property ow ners for the market value of the taking . Hopefully, a negotiated settlement can be reached along the way . The process is intended to protect th e owners as well as the City in th is acqu isition . So , that is where we are at this point in t im e. And as I said , th e other property out there had requested the resolution to formalize the process . The next step would be our n gotiators wo ul d present both of these owners w ith the resolution and with the apprai als and an offer for the acquisi tion . Mayor Wolo yn k d 1f th r w re any qu st,ons for Rick? Englewood City Council August 20, 2007 Page 11 Mayor Wolosyn sa id I felt when we addressed this in Study Sess ion that although eminent domain is one of those things that you never want to use except for the good of the people , this seemed to be an example of the good of the people . It is abou t a connection of well used trails . It will help connect two parts in a safe manner across Broadway. I understand that this will not ever burden the City of Englewood with funding it. South Suburban Parks Foundation will be doing that, and we are helping to facilitate this joining . And from the presentation that we had , I was unde r the impression that they were following due process . I have been hearing about this for a number of years . And really, Rick , from your d iscussion , I don 't see that you are the person to answer the four questions here . One is why is this up for vote? You did very well to explain that. A copy of any offers that were made ... we weren 't part of that. Mr. Kahm sa id we weren't part of those things and that is why ... this is almost like starting over and starting fresh . No one can attest to exactly what the conversations were or what kind of negotiations really took place ... we weren't part of them . Mayor Wolosyn said , wha t's it based on ... that seems to be the same and bills for the negotiation, that would be something from South Suburban? Mr. Kahm said yes, that is all South Suburban . Mayor Wolosyn said so saying that is there any other discussion? Council Member Tomasso said so the bike trail will basically follow the sewer easement, g ive or take a few feet? Mr. Kahm said yes, basically what the y have done is they have placed the trail. .. it has actually bee n redesigned at the owner's request , and it has been placed as low in the channel as we could place it. It is r ight next to the low flow channel. For the most part , it is all in the Flood Pla in and a good part of it is in the flood way of Big Dry Creek . It is ground that can't be used for many other purposes ... you can't develop it. Counc il Member Tomasso sa id and the flood way , it happens how often? Is a cycle of heavy spring run off, is that when the trail gets f looded ? Mr. Kahm said I would expect that , you know , when we are tal kin g a bout th e Flood Pla in ... the flood way itself is actually the moving water that is assoc iated w ith a Flood Plain . I wo uld expect that we wouldn 't see any problem on that any more frequently than we see on Little D ry Creek through Englewood . It's about the same situation . Mr. Tomasso said once or twice a year? Mr. Kahm said probably not that frequently , maybe once every other year . Mr. Tomasso sa id right. Mr. Kahm sa id the othe r th ing I want to mention is that the Urban Drainage and Flood Control D ist ri ct is parti ci pa t in g on thi s and by th e trail bein g acc ess ible , t hey w ill also be involved with help ing to ma inta in t hose si tuati on s with f lood ing and all . And Sou th Su bu rba n will main ta in the tra il. Mayor Wolosyn asked if there w as any ot her d isc us si o n. Council Member Barrentine said yes, how much was H . C . Peck ... w hat was their c o ntract? I heard they had two meetings so what was their contract? Mr. Kahm said you will have to ask Mr. Henderson . Engineering/Capital Projects Administrator Henderson said I believe, I don't have it in front of me and I'm guessing, I'm estimating, it is $13,000 .00 . But that is an hourly rate, that was their estimate to go from start to finish . It will depend on how many meetings ... they have not expended that much . I believe to date, we've expended about $6,000 .00 . Council Member Barrentine said but the contract didn 't go through the eminent domain proceedings? Mr. Henderson said no, it didn't. Ms. Barrentine said okay . Did we negotiate with these people as a group ... are we negotiating with these two properties as a group? Mr. Henderson said no, we are negotia tin g in dependently . Ms . Barrentine said so it is possible to separate out this property with people who are coming to us saying that they have questions, that they don 't believe that we are answering and that they are trying to move forward with this in good faith on the ir part, and they don 't think they have been handled properly. You 've got the other one . I guess you said an attorn ey contacted us, so we could certainly deal w ith them separately . And if there is an opportunity to continue negotiations without doing an eminent domain, if that should in terfere w ith that process . Because what I am hearing from them Is that they think that doing eminent domain for them would interfere with th is pr nt n got iating proc s . Maybe It wouldn't for the other prop rty ; I am only dealing with who h wed up Englewood City Council August 20, 2007 Page 12 Public Works Director Kahm said quite honestly, as you go into this process ... a very formal process ... it does not preclude negotiation in any way . It begins a new negotiation . But when experts in this field come to us and say that they don't believe that any negotiated settlement can be reached without eminent domain being in play, then I have to respect that because that is what these people do, state wide, that is their business. Peck , I mean . Council Member Barrentine said I understand. Having gone through this, I certainly have a lot of questions . The first time, the reason that I didn't support the eminent domain the first time, was because of one comment that was made and that was, when I asked, why won't they sell their property? And I was given the impression that these negotiations have gone on for years and nobody could tell me why they wouldn't sell their property. And that doesn't sound like a reasonable good faith negotiation to not walk away from the table, to at least have some clear understanding why the other party won't sell. And upon further investigation, the money, approximately 10 or maybe 15 thousand dollars spent on the South Suburban Parks Foundation part on these negotiations, the information that I found out didn't seem to be in good faith and I think that some of it ended up causing some bad blood by the time we got into it. Now, if that's true, then we forget about history, except that so much money has already been spent, that if we put it altogether and put it into the kitty as an offer, they couldn't possibly refuse it if they were sane people . But of course, that has already been paid to other people on the Foundation Board and all over with other taxpayer money. If they actually only have these four questions, and they believe that if those things were answered, and they would prefer to continue negotiating without the cloud of eminent domain over their heads, why can 't we separate them out? Mayor Wolosyn said I guess it would be a matter of a motion, right , if somebody wanted to do that? She said I am going to refer this to City Attorney Brotzman . City Attorney Brotzman said you would remove part of the exhibits ... you would remove those exh ibits that pertain to the Meister's property . Council Member Woodward said just so I understand . If we were to go through with this , from what I believe I heard from the Meister's, was that they are willing sellers , we have willing buyers and yet there's ... what they have said is that Peck, or whoever these people are , have not shown up for the negotiations ... this would certainly start the negotiations , I would think . There is an appraisal of fair market value via eminent domain; the value would be fair market value . So, I don't know if we went forward with this, what is the downside other than moving it forward? Mr . Kahm said let me just share it. I th ink, you know , I don't know what all the issues are because I haven 't been at the table . I know that one of the issues is that we had an appraisal done on the property and that our negotiator came back to us and told us that the price the owners were looking for was four times the value of the appraisal. Council Member Barrentine said however, with the information that has been provided in here, it says it is $27,000.00 for the three easements . Does that include the Wolf Camera property as well? Second page , on the fourth paragraph up . Engineering/Capital Projects Administrator Henderson said I believe I can answer that Rick ... those three easements for $27 ,000 .00 ... those are three easements strictly for the RWC parcel, two of them are permanent easements. Council Member Barrentine said that is the Wolf Camera property and Mr . He nderson replied yes, one for the main trail and one for the ramp up Broadway and the third is for a temporary cons truct ion easement just allowing us to build the trail. So there are three easements associated w ith RWC and one with the Liquor Control parcel. Ms . Barrentine said so that the $54,000 .00 is a separate number? Mr . Henderson said that is a separate number. Mr. Woodward said that is the Liquor Control property. Ms . Barrentine said Dave , could you go ahead and tell us what the $54,000 .00 is? Mr . Henderson said that is the latest appraisal for the easement acquisition from the Liquor Control parcel. Ms . Barrentine said okay. Council Memb r Barr ntine aid o, again , if it is a matter of quest on and not, I mean there are other issues th tar b ing brought up . I don't understand why 1f they are requesting to continue negotiation and not be und r th cloud of condemnation , with c rtainly from II th information gathered in the recent developments ov r in Sh nd n , th do er t hug probl m nd I don 't und rst nd why w can 't Just p rat them out. Englewood City Council August 20, 2007 Page 13 Mayor Wolosyn said Laurett, as I said , if you wish to make a motion for an amendment, we can either vote up or down on what is in front of us or we can make amendments to it and vote . COUNCIL MEMBER BARRENTINE SAID I AM MAKING THAT AMENDMENT THAT WE SEPARATE THEM OUT AND VOTE ON THEM SEPARATELY AS FAR AS ALLOWING THE PROCESS OF CONDEMNATION. Mayor Wolosyn asked if there was a second . There was none. The motion died from lack of a second . Council Member Mccaslin said I need some information on the negotiations too . Council Member Barrentine said I have to admit that I went to Rick in February, when all of this happened, and I do have some additional information if somebody would like that shared . I don't know . It was enough so that I was concerned about the process up to the point where Lee took it over . I again became concerned when this whole thing boiled down to two meetings . Mayor Wolosyn said I should just point out that we haven't moved it at all, so we can't amend it yet. Council Member Woodward said I would move the Agenda Item . I think, from what I understand and from what I am hearing, that if anything , this can start generating the discussions and open negotiations, I would hope, with both parties, with all three parties . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (iii) -RESOLUTION NO. 83, SERIES OF 2007. RESOLUTION NO . 83 , SERIES OF 2007 A RESOLUTION CONCERNING THE INTENT OF THE CITY OF ENGLEWOOD, COLORADO TO ACQUIRE REAL PROPERTY FOR THE PURPOSE OF PROVIDING A MUL Tl-USE RECREATIONAL TRAIL THROUGH THE UTILIZATION OF THE CITY'S POWER OF EMINENT DOMAIN . Council Member Oakley said I feel a little uncomfortable because of not knowing exactly what South Suburban has done . If it was our negotiations and we were voting on that, I could see that. So , you know , if Laurett would have ... well I can 't even say that ... I started to say that if she had worded the motion a little different I might have seconded it, just to get a vote ... not saying that I am for or against it. I just do feel a little bit uncomfortable , speaking for South Suburban , or not speaking for South Suburban , or them speaking for us. I don't know exactly how to interpret th is . Council Member Barrentine said I only want t~"""·'- Suburban, we are not talking about Sou uburb ~~~~~alliteA~'ff!r'f'~ Mayor Wolosyn said we are aware of that. I am going to ask Wayne a question before I ask you to put your amendment back on the table . Wayne, would splitting it ease your mind or do you feel that you don 't have enough information ... you feel uncomfortable voting on the whole thing? Council Member Oakley said well, the negotiations that went the way they have with both properties and it has been somebody else that has been doing the negotiating ... ! have all the faith in the world in our guys telling us how they feel, but I know these people come before us and give a different side . I don't know whether if we talked to South Suburban again if it would help us any or not. Council Member Barrentine said Rick did make it clear at the beginning that it has not been our people doing th 1 negotia tion . South Suburban Parks Foundation has paid for this . They were the ones doing the negotiating b for nd paying Board members and people who work for them , and then voiced that frustration that that didn't go w II. My r arch in checking that out was that it was shabbily done , it was unprofessional, it w a 1n ppropn t nd nothing that normal p rson could have cons id r d negotiat ng prior to th is process . I am Englewood City Council August 20, 2007 Page 14 not so sure that Peck handled it that well either . But , I believe, that we are that close that we should allow at least some period of time for them to go ahead and finish their negotiation, without that condemnation , because they have taken that time to come down here and say that they would be more comfortable doing that. Nothing would stop us in the future from going ahead and voting on condemnation for that piece as well if it didn't go right. Mayor Wolosyn said Laurett, I will ask you to resubmit, to restate your amendment now that this is on the table . Council Member Barrentine said would you help me Wayne in how I should word this otherwise, I will have Dan do it? I'm not good at this. Council Member Oakley said under this condition, Laurett , for just the matter of a vote, depending on how you do your motion, I could well second it just to have a vote . That is going to move it forward, one way or the other. And if that fails, then Jim's motion is still on the table . Is that correct? City Attorney Brotzman said correct. Council Member Tomasso said so are you going to put a time limit of three months, two months, one month or five years? What is the time limit? How many more years are we going to wait for this trail system to be completed so that the bicyclists don't have to go up, onto Broadway, circumvent a few dangerous streets on their bicycles to get back on the bike path? How important is public safety to you? Council Member Barrentine said but I understand , this is a serious issue and I don 't want to talk about the timeline . Mr . Tomasso said how long has it been going on Laurett? Council Member Barrentine said for this whole thing because they have only been in this process for a few years . We may have decided ... the Parks Department. .. may have decided that they were going to use their property in 1994 , but they didn 't become aware of it until just a couple of years ago that they were part of some grand plan . I take condemnation very seriously. What would be reasonable , legally, Dan , what's normal? I don 't disagree with the timeline for it to come back if there is no resolution in negotiations . What's reasonable? City Attorney Brotzman said it is simply a timeline for the appraisers to sit down with the Meister's , so you are talking about it coming back very quickly, probably within a month . Council Member Barrentine said okay. I got this information from Rick in February , so I guess six months . We were able to come this far in six months ... hire people and get all of this information . Mayor Wolosyn said Laurett, are you going to make your motion? Council Member Barrentine said I want to separate the properties out for the purpose of just moving forward with condemnation . Mayor Wolosyn asked are you attaching any time element to it? Council Member Barrentine said with a five months limit and then it would come back . City Attorney Brotzman said so what you are actually doing is you are going to move forward the Resolution, including eminent domain as to the Liquor Control property. As to the Meister's property, you are going to have negotiations take place and if negotiations have not come to a resolution , that will come back in five months . Mayor Wolosyn said I heard Laurett say she wants , instead of one vote, two votes ... one that would be , to have whether or not we ... do you want to phase that, whether or not we are going to pursue and let condemnation or that we would want to bring that one back ... ? Council Member Barrentine said I want to separate the two out because to be honest with you, I am not going to b voting on the condemnation so I would like to vote on separating it and voting on them separately . Englewood City Council August 20, 2007 Page 15 Mayor Wolosyn said Laurett , I am trying to clarify. I think we 're saying the same thing ... The first thing we would vote on is bringing the $54,000 .00 parcel back in five months and the second one would be, we would vote on as stated in the packet. Is that correct? City Attorney Brotzman said that is correct. Council Member Barrentine said wheiher you agree or not, I don't even know how to word it. Council Member Moore said let me take a shot at this . He said Council Member Barrentine will correct me . I think she is simply saying for purposes of tonight, remove the Meister property from the vote, pretend it didn 't come to us. This purpose will simply be formal proceedings for purposes of the other property. And so , it is not so much separating it , as pulling that out and leaving it for now . Mayor Wolosyn said is that your motion? Ms . Barrentine said yes , I think he did that quite well. COUNCIL MEMBER BARRENTINE MOVED, AND IT WAS SECONDED, TO FORMALIZE PROCEDURES ON THE RWC PROPERTY AND NOT INCLUDE THE LIQUOR CONTROL PROPERTY. Council Member Moore said that is accurately stated, correct? Ms. Barrent ine said yes . Mayor Wolosyn asked if there was any discussion? Council Member Moore said the motion tonight will be limited to formalizing procedures on the other property , the RWC property , and it will , as far as the Liquor Control property, it's just not, it's not up for a vote tonight. Is that still accurately stated co rrect, Laurett? Council Member Woodward said so the five months that was formerly stated has been eliminated. It is just to be moved . City Attorney Brotzman said correct. Mr. Woodward said okay. Council Member Moore said I would then move ... not move ... but for purposes of discussing this motion, I would say for discuss ion purposes , we can talk about that timeline . This is where I am a little bit ... I don't want to say five months as much as when D irector Kahm feels it is necessary to enter the formal negotiation proceed ings ... whether that is a week from now or five months from now ... that this is necessary that you br ing it back . That would be how I would view this motion . I am doing two things ... one , I am stating what I th ink Laurett is putt ing out , as w ell as in aski ng my quest ion . So I will get my question out of the way to Rick , which is ... w oul d you be nefit from so me tim e to more personally as sess these negotiat ions g iven the past is somewh at muddy, or did I hear you say, based on that you fee l , t hat th is is n ecessa ry now for both properties f rom you r own assessment of the situation? Director Kahm said I think you heard me correctly, Mr. Moore . Council Member Moore said thank you . Mr. Kahm said the folks who are experts in this field, and I am not one, have told me that this is the next step . There are advantages to this step . One advantage is that once you start this process and the appraisals are provided to the owners , I believe the South Suburban Foundation has an obligation to purchase an appraisal for the owners as well , as part of that condemnation process . So that provides that for them . Keeping in mind, the whole intent of eminent domain ... this isn't a matter of public good, this is a matter of public use ... okay, which is what eminent domain was originally intended to deal with . And in this particular instance, I don't know where South Suburban would play on this because right now there are two pieces that are the missing link in this trail system . For South Suburban to go forward and possibly only obtain one of those pieces doesn't give them a project and doesn't complete the trail. So there is another thing, I have been thinking about this as you have been talking, but I'm not sure how that plays out as well. Council Member Barrentine said the informa tion that I got in February, they seemed pretty comfortable with an alternative plan that didn't even include these two properties . Now the additional expense in going and doing mm nt domain nd hmng I wy rs, I m an, they do make a good point in trying to do this so I don't see a probl m with wh t light d I y in trying to see 1f there 1s ome good faith effort there to shore this up. Plus I wou ld b II v th t 1f th y w r bl to com to n gr ment, that that would put more pr ssure on th other Englewood City Council August 20, 2007 Page 16 property. But since you were always negoliatlng with them separately, you always took the risk that one would sell and one would not and we would be In lhe aame apol doing one . Had they come to an agreement, we would still be here talking about the RWC property anyway . I mean thal is kind of a moot point. Mayor Wolosyn asked if there was any further dlacusalon on the motion to amend . There was none . Council Member Woodward said so we are voting on lhe motion to amend . Mayor Wolosyn said the motion to amend that John said . Council Member Moore said but right now w are Just voting on whether we want to pull off the Liquor Control property and only address the RWC property or do you want to leave them together? So the vote right now is just whether or not to pull that out or not. Vote results: Ayes : Councll Member Barrentine Nays : Council Member, Mccaslin, Moore, Wolosyn , Woodward, Tomasso, Oakley Motion defeated. Mayor Wolosyn asked if there was any further discussion on the motion as proposed . Council Member Barrentine sa id I just w nt to state again that the information I have, I would be happy to share this ... the information that I got in F bruary ... and the timellne of this . I am very disappointed in the way all of this was handled . I am very disappointed In the municipality's bureaucracy's ability to go ahead and put plans on people 's property and then they don 't even find out about it for years . Hopefully the legislature will correct some of that. It is disingenuous . II la n pproprlate and a burden on private property and I just don't think it was done in good faith . I can't vote for thi s. Mayor Wolosyn sa id If there are no other comments please vote on the original motion . Vote results : Ayes : Council Members Mccaslin , Moore, Wolosyn , Woodward, Tomasso , Oakley Nays : Council Member Barrentine Motion carried . Mayor Wolosyn said th nk yo u Rick . Director Kahm said we will work closely as th is process goes forward and keep you abreast of what is happen ing . Thank you 12 . General Dlsc:uHlon (a) Mayor 's Cho c Mayor Wolosyn did not have ny ma tt ers to bring before Council. (b) Council Members' Choice (i) Council Member Mccaslin: 1. H d I would Ilk to send my condolences to our Judge Vince Atencio who lost his mother a couple of weeks go. 2 . H aid unfortunately, I will not be able to make the Board and Commissions Appreciation N ight I h d th s m thing happen . My wife's mother passed away yesterday and I will be leaving to d . Ohio tomorrow to tt nd the memorial serv ice and I w ill be back on Sunday night. Englewood City Council August20,2007 Page 17 ----- Mayor Wolosyn said thank you Bob and please extend our condolences to your wife . Council Member Mccaslin said thank you . (ii) Council Member Oakley said I have a question about the Council Request# 07-122 referring to the request for information on the Layton/Acoma parking lot concerns . I believe that was brought forth by Laurett. I guess I am kind of curious, since this is in my district, how this came forward . I might like to talk to the person and see what their concerns are. It kind of smacks, to me, of retaliation, against the garage owner, for his objection to the signage on the building across the street. Council Member Barrentine said are you asking how the request came through? Mr. Oakley said yes, how it came through. Ms . Barrentine said the request came through from people concerned about the graffiti that is on the cars over there and also from me. When the mural had been photographed by several of the news organizations, there was a sea of cars that almost looked as if we were in a junk yard and I couldn 't figure out where they had filmed it from ... the angle they had filmed it. And it wasn't until I got this complaint on graffiti that I went over there and realized that they had done it from that back lot. It is an open lot. There were over 20 cars on there . Some of them were derelict and they did have graffiti on them. And so I just needed to know why they were able to ... who owned it. .. because I didn't know and why they were all there . And no, nothing has anything to do with retaliation. When something gets put on Channel 9 and it is that unattractive, it is a concern for anybody in the community to wonder what the heck that is and why we are allowing that. We do not allow that auto use along Broadway and so that information was inaccurate. Many of the car dealerships are not allowed to do that so I am investigating it a little further . Council Member Oakley said do you think you want me to talk to these people? Ms . Barrentine said pardon . Mr . Oakley said do you think it would help for me to talk to these people? Ms . Barrentine said well , you know, I think there are valid concerns about the graffiti that is written on some of the cars. Mr. Oakley said I am concerned about graffiti too and I hope that gets cleaned up . Ms . Barrentine said but you know , I talked to a couple of people around there and they said it had been like that for a long time . It might be in their best interest to try to put up a fence to shade that because it is not very attractive. Mr. Oakley said did you initiate the .... Ms. Barrentine said no, because at the time I didn't know who owned the property and that is why I put the request in . I didn't know who owned that lot. Mr. Oakley said okay. 13 . City Manager's Report (a) City Manager Sears did not have any matters to bring before Council. 14 . City Attorney's Report (a) City Attorney Brotzman did not have any matters to br in g before Council. 15 . Adjournment MAYOR WOLOSYN MOVED TO ADJOURN . The meeting adjourned at 8:30 p .m . (_ TO: FROM: DATE: SUBJECT: Mayor Wolosyn and Members of City Council Holly Montague, Chair ~ August 10, 2007 Resignation of Theresa Sabrsula and appointment of Danielle Kent Prior to the Keep Englewood Beautiful February 2 007 meeting, Theresa Sabrsula verbally notified several commission members that she was resigning from the commission. She has not attended the last 6 meetings. As of today's date we have not received a written resignation from Ms . Sabrsula . We would like to request that Council accept Ms . Sabrsula 's verbal resigna tion, effective immediately. Additionally, we ask that you appoint our Alternate Member Danielle Kent to a Standing Commissioner. Thank you for your consideration . /alk cc: Gary Sears Dan Brotzman 8a RESOLUTION NO. SERIES OF 2007 A RESOLUTION APPOINTING DANIELLE KENT TO THE KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Keep Englewood Beautiful Commission has been created to advise the City Council on all matters pertaining to environmental protection and neighborhood beautification; and WHEREAS, there is a vacancy on the Keep Englewood Beautiful Commission; and WHEREAS, Danielle Kent has applied to serve as a member of the Keep Englewood Beautiful Commission; and WHEREAS, Danielle Kent was previously named as an alternate to the Keep Englewood Beautiful Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section I . Danielle Kent is hereby appointed to the Keep Englewood Beautiful Commission. Danielle Kent 's term will be effective immediately and will expire February I , 2008. ADOPTED AND APPROVED this 4th day of September, 2007 . ATTEST: Olga Wolosyn, Mayor Loucrishia A . Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby c ert ify the above is a true copy of Resolution No. __ , Series of 2007. Loucri hia A. E lli s, City C lerk ... 8b PROCLAMATION WHEREAS, the Constitution of the United States of America, the guardian of our liberties, embodies the principles of limited government in a Republic dedicated to rule by law; and WHEREAS, September 2007 marks two hundred and twenty years since the framing of the Constitution of the United States of America by the Constitutional Convention; and WHEREAS , it is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary and to the patriotic celebrations which will commemorate it; and WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 1 7 through 23 as Constitutio11 Week. NOW THEREFORE, I, Olga Wolosyn, Mayor of the City of Englewood, Colorado, hereby proclaim the week of September 17 through September 23, 2007 as: CONSTITUTION WEEK and urge all citizens of Englewood , Colorado, to reaffirm the ideals the Framers of the Constitution had in 1787 by vigi lantly protecting the freedoms guaranteed to us through this guardian of our liberties. GIVEN under my hand and seal this 4th day of September, 2007 . Olga Wolosyn, Mayor Be COUNCIL COMMUNICATION Date: Agenda Item: Subject: September 4, 2007 9 a i Permanent Utility Easement -Natches Court Initiated By: Staff Source: Utilities Department Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION At their August 14, 20 07 meeting, the Englewood Water and Sewer Board recommended Council adopt a Bill for an Ordinance approving the Permanent Utility Easement for Natches Court. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Weingarten Miller Sheridan, developer of the Ri verpoin t Project, submitted a Permanent Utility Easement to Englewood for the required 50' permanent non-exclusive easement for Englewood 's sanitary sewer main. This easement was negotiated when building configurations resulted in the 50' utility easement being deficient in four locations. Natches Court was moved 5' and the Kenyon right-of-way was vacated. The submitted easement will fulfill Englewood's requirement to maintain its 50' easement. The easement is located approximately at the north end of the Riverpoint Project, west of Santa Fe on both sides of Kenyon . FINANCIAL IMPACT Ten Dollars as consideration to Weingarten Miller. LIST OF ATTACHMENTS Bill for an Ordinance ORDINANCE NO. SERIES OF 2007 BY AUTHORITY COUNCIL BILL NO. 50 INTRODUCED BY COUNCIL MEMBER~~~~~ ABILLFOR AN ORDINANCE APPROVING PERMANENT UTILITY EASEMENTS TO THE CITY OF ENGLEWOOD FOR NATCHES COURT BETWEEN WEINGARTEN MILLER SHERIDAN AND THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, during the Riverpoint construction, Natches Court was moved 5 ' and the Kenyon Right-of-Way was vacated; and WHEREAS, these actions encroached upon the existing Utility Easements; and WHEREAS, Weingarten Miller Sheridan, the developer of the Riverpoint Project, submitted a request to grant Pennanent Utility Easements to the City of Englewood for the required 50' permanent non-exclusive easement for Englewood 's sanitary sewer main in lieu of the vacated Right-of-Way; and WHEREAS, the proposed Permanent Utility Easements will fulfill the City of Englewood 's requirement to maintain the City's 50 ' Easement; and WHEREAS, the Englewood Water and Sewer Board recommended approval of the Permanent Utility Easements for Natches Court at the their August 14, 2007 meeting; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The Pennanent Utility Easements to the City of Englewood for Natches Court from Weingarten Miller Sheridan, which consists of the attached five (5) Pennanent Utility Easements with Exhibits A through E, attached hereto as Attachment 1, is hereby approved. Introduced, read in full, and passed on first reading on the 4th day of September, 2007 . () Published as a Bill for an Ordinance on the 7th day of September, 2007. Olga Wolosyn, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full , and passed on first reading on the 4th day of September, 2007. Loucrishia A. Ellis ' _,.. -... =~ PERMANENT UTILITY EASEMENT A t t a C h m e KNOW ALL MEN BY THESE PRESENTS THAT WEINGARTEN MILLER n SHERIDAN, LLC, Grantor, for and in consideration ofTEN AND N0/100 DOLLARS ($10 .00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Grantor, does, for itself and on behalf of its heirs, successors and assigns, hereby grants and conveys to the CITY OF ENGLEWOOD, a municipal corporation of the State of Colorado, the .. Grantee, its successors and assigns, a right of entry and permanent non exclusive utility easement on that property described in Exhibit "A", which is attached hereto and incorporated herein by this reference (hereinafter the "Easement Premises"), upon which to ret;onstruct, operate, remove, repair and maintain sanitary sewer facilities across, on, under and through the Easement Premises, said Easement Premises lying and being in the City of Sheridan, County of Arapahoe, State of Colorado . Grantor hereby covenants and agrees that it has good title to the Easement Premises; that it has good and lawful right to grant this easement and that it will warrant and defend title and quiet possession thereof against the claims of all persons whomsoever. Grantor further covenants to and with Grantee that the Grantee's officers, agents or employees may at any or all times when necessary or convenient to do so, go over and upon said Easement Premises, and do and perform any and all acts necessary and convenient to the carrying into effect of the purposes for which this grant is made. t 1 ! I i . i l i I I I I Non Exclusive Utility Easement Page 2 Grantor hereby reserves the right to use the Easement Premises for any purposes which are not inconsistent with, and do not interfere with, the easement and rights herein granted to Grantee, provided , however, that such reservation by Granters shall not include the right to erect or cause to be erected any buildings, structures, trees, or other obstructions on the Easement Premises which would preclude, injure or make more difficult the exercise by Grantee of the easement and rights granted to Grantee hereunder. Grantee agrees to restore the Easement Premises, as reasonably as possible, to the condition it was in immediately prior to any maintenance activities undertaken herein. Such restoration shall not include the replacement or repair of any structure or landscaping (such as but not limited to trees , signs , walls , etc.) Such restoration shall only include repaving, regrading or reseeding of the Easement Premises as needed. ft.- SIGNED this /d day of ,4-u-4,,t~, 20_::!_f.. ( J By __p 4-~ ~ ATTEST: COUNTY OF ARAPAHOE ) )ss . ST A TE OF COLORADO ) ft- The foregoing instrument was acknowledged before me this / 3 day of I __,.).__ft_t.,.t-._~---· 2oqJ._. My Commission Expires: 11 /,t/o f BAR RA R RIE NOTAR Y PUBLIC STATE OF COLORADO My Commission Exp Nov . 4', 2008 ~) N tary Public EXHIBIT A SHEET 1 OF 3 NON-EXCLUSIVE UTILITY EASEMENT DESCRIPTION '{t~1~k);\ V t\r/;~.;Jii, vr.:; ll I 11 r: wit h e ,ccl!11en'Ce AN EASEMENT OVER, ACROSS, UNDER AND THROUGH PORTIONS OF TRACT LAND LOT 1, BLOCK 6, RIVER POINT AT SHERIDAN SUBDIVISION FILING 1, LOCATED IN A PORTION OF THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 5 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN; CITY OF SHERIDAN, COUNTY OF ARAPAHOE, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT A WITNESS CORNER, BEINGS 89°56'50" W, 50 .14 FEET DISTANT FROM THE CALCULATED POSITION OF THE NORTH QUARTER CORNER OF SAID SECTION 4 AND MONUMENTED BY A 3" BRASS CAP STAMPED "PLS 22571", WHENCE THE NORTHWEST CORNER OF SAID SECTION 4, AS MONUMENTED BY A 2-1/2" ALUMINUM CAP, STAMPED PLS 11434, BEARS S 89°56'50" W, A DiSTANCE OF 2,605.26 FEET WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO; THENCE ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4, N 89°56'50" E, A DISTANCE OF 50.14 FEET TO THE CALCULATED POSITION OF THE NORTH QUARTER CORNER OF SAID SECTION 4; THENCE S 58°17'59" E, A DISTANCE OF 926.09 FEET TO THE NORTHWEST CORNER OF SAID TRACT LAND THE POINT OF BEGINNING; THENCE ALONG THE NORTH LINE OF SAID TRACT L , S 73°56'43" E, A DISTANCE OF 13.36 FEET; THENCE S 16°41'44" W, A DISTANCE OF 421.18 FEET; THENCE S 16°52'09" W, A DISTANCE OF 219.92 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF NATCHES COURT AND OF NON-TANGENT CURVATURE ; THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE THE FOLLOWING FIVE (5) COURSES : 1) ALONG A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 269 .95 FEET, A CENTRAL ANGLE OF 14°54'14" AND AN ARC LENGTH OF 70.22 FEET, THE CHORD OF WHICH BEARS N 00°40'53" W A DISTANCE OF 70 .02 FEET TO A POINT OF NON-TANGENT CURVATURE; 2)ALONG A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 264 .92 FEET, A CENTRAL ANGLE OF 11°31'35", AN ARC LENGTH OF 53.29 FEET, WITH A CHORD BEARING OF N 12°32'02" E, A CHORD DISTANCE OF 53 .21 FEET ; 3)THENCE N 16°38'31" E, A DISTANCE OF 35 .28 FEET; 4)THENCE N 42°10'21" E , A DISTANCE OF 37 .09 FEET ; 5)THENCE N 16°12'33" E, A DISTANCE OF 452.31 FEET TO THE POINT OF BEGINNING . CONTAINING A CALCULATED AREA OF 8,729 SQUARE FEET OR 0 .200 ACRES , MORE OR LESS . ILLUSTRATION ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE . S URVE YOR'S CERTIFICATE WILLIAM G. BUNTROCK, PLS 35585 FOR AND ON BEHALF OF V3 COMPANIES OF COLORADO, LTD . PROJ : D03038 V3 COMPANIES OF COLORADO 2399 BLAK ~-DENVER ILLUSTRATION FOR EXHIBIT A NW COR., S£C. 4 NB9'56 '50 "£ FOUND 2-1/2" ALUM. CAP 50.t-4' I LS 11434 POINT OF COMM£NC£M£NT WITNESS CORNER FOUND J" BRASS CAP~ BASIS OF BEARINGS LS 22571 N. LIN£ NWJL4, SEC. 4 <!:r--,/1-S 89"56'50" W 2605.26' N 1 /2, L OT 3, LOT 1 , BLOCK 1 GLENN'S SUB D. FIL. NO. 1 PLAT BOOK 104, PAGE 38 LOT 2 ~~~"PKOX. 8,729 SQ FT (0 .200 ACRES). SHEET 2 OF 3 N 1/4 COR., SEC. 4 CALCULATED POSITION NO MONUMENT FOUND OR SIT CORNER FALLS IN SOL/TH PLATT£ RIVER SEE SHEET 3 POINT OF BEGINNING S73"56 '43"E BLOCK 6 LOT 1 13.36' RIVERPOINT AT SHERIDAN SUBDIVISION FILING NO . 1 THIS EX BIT DOES NOT REPRESENT A MONUMENTED LAND SURVEY IT IS INTENDED ONLY TO DEPICT THE A TI ACHED DESCRIPTION . 0 Scale: 1"=100' 100 FEET 200 Engineers Scientists Surveyors V 3co com NON-EXCLUSIVE UTILITY EASEMENT DESCRIPTION RIVER POINTAT SHERIDAN SUBDIVISION FILING 1 NE 1/<I , SEC . <I ., T . 5 S., R. 68 W .• 6TH PM CITY OF SHERIDAN , COUNTY OF ARAPAHOE , STATE OF COLORADO ORN . PM DATE: 01 /2 2/07 JOB · 003038 CKO SCALE 1"• 100 FBK. NIA RIVER POI NT AT SHER IDAN SU BDIVI SION FI LING NO . 1 BLO CK 5 LOT 38 ILLUSTRATION FOR EXHIBIT A ll=11'31 '35 " R=264 .92' L=53.29' ChB=N 12' 32'02"E Ch0=53 .21 ' t.=14'54'14" R=269.95' L=70.22' Ch8=N00'40'53"W ChD=70 .02 ' SHEET 2 OF 3 SEE SHEET 2 B LOCK 6 LOT 1 RI VER POI NT AT SH ER IDAN SUB DIVIS IO N FILING NO . 1 EASEMENT CONTAINS APPROX . 8 ,729 SQ FT (0.200 ACRES). 0 Scale : 1 "= 1 OD' 100 200 THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED LAND SURVEY IT IS INTENDED ONLY TO DEPICT THE ATIACHED DESCRIPTION . FEET Engineers Scientists Surveyors 2399 Blake Street, Suite 130 Denver, CO 80205 303 .989 .8588 voice 303 989 .9932 fax V3 ocom NON-EXCLUSIVE UTILITY EASEMENT DESCRIPTION RIVER POINT AT SHERIDAN SUBDIVISION FILING 1 NE 1/4 , SEC . 4 ., T. 5 S., R. 68 W , 6TH PM CITY OF SHERIDAN , COUNTY OF ARAPAHOE , STATE OF COLORADO ORN : PM DATE : 01/22107 JOB . 003038 l-'c'"'"K""'o""":~------1--,s-,,c-AL=E=--,-•• ....;,c.,-ooc,,---+-:FBK NI A -PERMANENT UTILITY EASEMENT KNOW ALL MEN BY THESE PRESENTS THAT WEINGARTEN MILLER SHERIDAN, LLC, Grantor, for and in consideration ofTEN AND N0/100 DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of wruch are hereby acknowledged by the Grantor, does, for itself and on behalf of its heirs, successors and assigns, hereby grants and conveys to the CITY OF ENGLEWOOD, a municipal corporation of the State of Colorado, the Grantee, its successors and assigns, a right of entry and permanent non exclusive utility easement on that property described in Exhibit "B ", which is attached hereto and incorporated herein by this reference (hereinafter the "Easement Premises"), upon which to reconstruct, operate, remove, repair and maintain sanitary sewer facilities across , on , under and through the Easement Premises, said Easement Premises lying and being in the City of Sheridan, County of Arapahoe, State of Colorado. Grantor hereby covenants and agrees that it has good title to the Easement Premises; that it h as good and lawful right to grant this easement and that it will w arrant and defend title and qui et possession thereo f again st the claims of all persons whomsoever. Grantor further covenants to and with Grantee that the Grantee's officers, agents or employees may at any or all times when necessary or convenient to do so, go over and upon said Easement Premises, and do and perform any and all acts necessary and convenient to the carrying into effect of the purposes for which this grant is made. Non Exclusive Utility Easement Page2 Grantor hereby reserves the right to use the Easement Premises for any purposes which are not inconsistent with, and do not interfere with, the easement and rights herein granted to Grantee, provided, however, that such reservation by Grantors shall not include the right to erect or cause to be erected any buildings, structures, trees, or other obstructions on the Easement Premises which would preclude, injure or make more difficult the exercise by Grantee of the easement and rights granted to Grantee hereunder. Grantee agrees to restore the Easement Premises , as reasonably as possible, to the condition it was in immediately prior to any maintenance activities undertaken herein. Such restoration shall not include the replacement or repai r of any structure or landscaping (such as but not limited to trees, signs, walls , etc .) Such restoration shall only include repav ing, regrading or reseeding of the Easement Premises as needed. SIGNED this / 3 ~day of L -<--r,u .,vV ; a ,20~. By \; ,1.~ ~ ATTEST: COUNTY OF ARAPAHOE ) )ss . ST A TE OF COLORADO ) ~ The foregoing instrument was acknowledged before me this / 3 day of I My Commission Expires: / ( /1/o i NOTARY PUBLIC STATE OF COLORADO 4 ~----.~~ No tary Publi c -EXHIBIT B SHEET 1 OF 2 NON-EXCLUSIVE UTILITY EASEMENT DESCRIPTION AN EASEMENT OVER , ACROSS , UNDER AND THROUGH A PORTION OF LOT 38 , BLOCK 5 , RIVER PO INT AT SHERIDAN SUBDIVISION FILING 1, LOCATED IN A PORTION OF THE NORTHEAST QUARTER OF SECTION 4 , T OWNSHIP 5 SOUTH , RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN ; CITY OF SHERIDAN, COUNTY OF ARAPAHOE, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT A WITNESS CORNER, BEINGS 89°56'50" W, 50 .14 FEET DISTANT FROM THE CALCULATED POSITION OF THE NORTH QUARTER CORNER OF SAID SECTION 4 ANO MONUMENTED BY A 3" BRASS CAP STAMPED "PLS 22571 ", WHENCE THE NORTHWEST CORNER OF SAID SECTION 4 , AS MONUMENTED BY A 2-1/2" ALUMINUM CAP, STAMPED PLS 11434, BEARS S 89°56'50" W, A DISTANCE OF 2,605 .26 FEET WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO ; THENCE ALON~ THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4 , N 89°56'50" E, A DISTANCE OF 50.14 FEET TO THE CALCULATED POSITION OF THE NORTH QUARTER CORNER OF SAID SECTION 4 ; THENCE S 26°25'53" E, A DISTANCE OF 1268.46 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF NATCHES COURT AND THE POINT OF BEGINNING ; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 492 .00 FEET, A CENTRAL ANGLE OF 21°18'42", AN ARC LENe:;TH OF 183.00 FEET , THE CHORD OF WHICH BEARS S 00°42'35" W , A DISTANCE OF 181 .95 FEET; THENCE N 04°57'08" E, A DISTANCE OF 86 .60 FEET; THENCE N 03°07'28" W, A DISTANCE OF 95.80 FEET TO THE POINT OF BEGINNING . CONTAINING A CALCULATED AREA OF 448 SQUARE FEET OR 0 .010 ACRES , MORE OR LESS . ILLUSTRATION ATIACHED HERETO AND INCORPORATED HE REIN BY REFERENC E. SURVEYO R'S CERTIFICATE I HEREBY CERTIFY THAT THE ATTACHED EA WAS PREPARED BY ME OR UNDER MY Dl~RF-l~~ TO THE BEST OF MY KNOWLEDGE AND B WILLIAM G. BUNTROCK , PLS 35585 FOR AND ON BEHALF OF V3 COMPANIES OF COLORADO , LTD . PROJ: D03038 V3 COMPANIES OF COLORADO 2399 BLAKE STREET ., STE . 1301 DENVER , CO. 80205 PH : 303-989-8588 FX: 303-9-9932 DENVER CHICAGO PHOENIX ILLUSTRATION FOR EXHIBIT B NW COR., SEC. 4 N89 .56'50"E LS 1 1434 POINT OF COMM£NC£M£NT WITNESS CORNER SHEET 2 OF2 N 1/4 COR., SEC. 4 CALCULATED POSITION NO MONUMENT FOUND OR SIT / FOUND 2-1/r ALUM. CAP 50. 14' FOUND 3• BRASS CAP~ CORNER FALLS IN SOUTH PLATT£ RIVER BASIS OF BEARINGS LS 22571 _A N. UN£ NW!./..4, SEC. 4 <lf--v-s e9·s5'so· w 2605.26' ------ RIVERPOINT AT SHERIDAN SUBD IVI SION FILING NO . 1 BLOCK 5 LOT 38 POINT OF BEGINNING APPROX . 448 SQ FT (0 .010 ACRES). z 0 IO v! u, 0 ex, ...., ON • CD THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED LAND SURVEY IT IS INTENDED ONLY TO DEPICT THE A TI ACHED DESCRIPTION . BLOCK 6 LOT 1 RIVERPOINT AT SHERIDAN SUBDIVISION FILING NO . 1 A=21.18 '42" R=492 .00' L= 183.00' ChB=S00·42·3s"w ChD=181 .95' 0 Scale : 1"=100' 100 FEET 200 Engineers Scientists UJVeyors 2399 Blake treet , Suite 130 Denver, CO 0205 NON-EXCLUSIVE UTILllY EASEMENT DESCRIPTION RIVER POINT AT SHERIDAN SUBDIVISION FILING 1 NE 1/4 , SEC . 4 ., T. 5 S , R 88 W ., 8TH PM CITY OF SHERIDAN , COUNTY OF ARAPAHOE , STATE OF COLORADO 303 .9 9 858 \IOICC 303.989 9932 fa V o m L ORA DO , LTD . ,_D,,...,R..,.,N~P..:.;M _____ o""'A..;..;Tc.;;:E_ . ....;;.0 .. 1/2=210_,.;:;.7----=JOB · 003038 CKO SCALE 1"•100 FBK NIA-------1 PERMANENT UTILITY EASEMENT KNOW ALL MEN BY THESE PRESENTS THAT WEINGARTEN MILLER SHERIDAN, LLC, Grantor, for and in consideration ofTEN AND N0/100 DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Grantor, does, for itself and on behalf of its heirs, successors and assigns, hereby grants and conveys to the CITY OF ENGLEWOOD, a municipal corporation of the State of Colorado, the Grantee, its successors and assigns, a right of entry and permanent non exclusive utility easement on that property described in Exhibit "C", which is attached hereto and incorporated herein by this reference (hereinafter the "Easement Premises"), upon which to reconstruct, operate, remove, repair and maintain sanitary sewer facilities across, on, under and through the Easement Premises, said Easement Premises lying and being in the City of Sheridan, County of Arapahoe, State of Colorado. Grantor hereby covenants and agrees that it has good title to the Easement Premises ; that it has good and lawful right to grant this easement and that it will warrant and defend title and quiet possession thereof against the claims of all persons whomsoever. Grantor further covenants to and with Grantee that the Grantee's officers, agents or employees may at any or all times when necessary or convenient to do so, go over and upon said Easement Premises, and do and perform any and all acts necessary and convenient to the carrying into effect of the purposes for which this grant is made. Non Exclusive Utility Easement Page 2 Granter hereby reserves the right to use the Easement Premises for any purposes which are not inconsistent with, and do not interfere with , the easement and rights herein granted to Grantee, provided , however, that such reservation by Granters shall not include the right to erect or cause to be erected any buildings, structures, trees, or other obstructions on the Easement Premises which would preclude, injure or make more difficult the exercise by Grantee of the easement and rights granted to Grantee hereunder. Grantee agrees to restore the Easement Premises , as reasonably as possible, to the condition it was in immediately prior to any maintenance activities undertaken herein . Such restoration shall not include the replacement or repair of any structure or landscaping (such as but not limited to trees , signs, walls, etc.) Such restoration shall only include repaving, regrading or reseeding of the Easement Premises as needed. SIGNED this / ~ ~ay of 1 Lf£~ , 20 ::J_. \? . B~.4-~ GRANTOR ATTEST: COUNTY OF ARAPAHOE ) )ss. STATE OF COLORADO ) ,_ The foregoing instrument was acknowledged before me this / 3 day of b rfaJ , 20..£!..l. My Commission Expires: 1;,;/y/&, r 7 (} BAR NOTARY PUBLIC STATE OF COLO RADO ~---.. ~~ Notary Public My Oommtlelon ... Nov . 4, 2008 ~~------ \.1 /,;•i(, The~3i sioh {,,~'"'·~T-· EXHIBIT C \ 1'.2 SHEET 1 OF 2 ,.._ V f\ftJ.\;;J. vw;;;, ~i:l.1il~~: NON-EXCLUSIVE UTILITY EASEMENT DESCRIPTION AN EASEMENT OVER, ACROSS, UNDER AND THROUGH A PORTION OF LOT 1, BLOCK 6, RIVER POINT AT SHERIDAN SUBDIVISION FILING 1, LOCATED IN A PORTION OF THE NORTHEAST QUARTER OF ~ :TION 4 , TOWNSHIP 5 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN ; CITY OF SHERIDAN, COUNTY OF ARAPAHOE , STATE OF COLORADO ; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT A WITNESS CORNER, BEINGS 89°56'50" W , 50 .14 FEET DISTANT FROM THE CALCULATED POSITION OF THE NORTH QUARTER CORNER OF SAID SECTION 4 AND MONUMENTED BY A 3" BRASS CAP STAMPED "PLS 22571", WHENCE THE NORTHWEST CORNER OF SAID SECTION 4, AS MONUMENTED BY A 2-1/2" ALUMINUM CAP, STAMPED PLS 11434, BEARS S 89°56'50" W, A DISTANCE OF 2,605.26 FEET WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO; THENCE ALONG'THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4, N 89°56'50" E, A DISTANCE OF 50.14 FEET TO THE CALCULATED POSITION OF THE NORTH QUARTER CORNER OF SAID SECTION 4; THENCE S 25°48'37" E , A DISTANCE OF 1432.48 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF NATCHES COURT AND THE POINT OF BEGINNING ; THENCE S 81°13'32" E , A DISTANCE OF 66.18 FEET ; THENCE S 88°45'55" E , A DISTANCE OF 194.63 FEET TO THE WESTERLY RIGHT OF WAY LINE OF SOUTH SANTA FE DRIVE ; THENCE ALONG SAID WESTERLY RIGHT OF WAY LINES 13°39'54" W, A DISTANCE OF 67.60 FEET TO THE NORTH LINE OF THE SW 1/4 , NE 1/4, SECTION 4; THENCE ALONG SAID NORTH LINEN 89°56'17" W , A DISTANCE OF 38.44 FEET; THENCE N 15°42'14" E , A DISTANCE OF 17.35 FEET; THENCE N 88 °45'55" W , A DISTANCE OF 149.28 FEET; THENCE N 81 °13'32 " W , A DISTANCE OF 70.39 FEET TO THE EASTERLY RIGHT OF WAY LINE OF NATCHES COURT ; THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE AND A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 548 .00 FEET, A CENTRAL ANGLE OF 05°13'49", AN ARC LENGTH OF 50.03 FEET, T HE CHORD OF WHICH BEARS N 09°49'16" E , A DISTANCE OF 50.01 FEET TO THE POINT OF BEGINNING . CONTAINING A CALCULATED AREA OF 13,556 SQUARE FEET OR 0 .311 ACRES , MORE OR LESS . ILLUSTRATION ATTACHED HERETO AND INCORPORATED HEREIN BY REFE RENCE . SURVEYOR'S CERT! FICA TE V3 COMPANIES OF COLORADO 2399 BLAKE STREET., STE . 130 1 DENVER , CO . 80205 PH: 303-989-8588 FX : 303-989-9932 DENV R CHI CAGO PHO ENIX ILLUSTRATION FOR EXHIBIT C NW COR., SEC. 4 N89'56 '50"E SHEET 2 OF 2 N 1/4 COR., SEC. 4 CALCULATED POSIT'ION LS 11434 POINT OF COMMENCEMENT WITNESS CORNER / FOUND 2 -1/2" ALUM. CAP 50.14 ' NO MONUMENT FOUND OR SET FOUND 3 • BRASS CAP~ CORNER FALLS IN SOUTH PLATTE: RIVER BASIS OF BEARINGS LS 22571 _A N. LINE NW!./..4, SEC. 4 ~··r s s9·55 •50·· w 2605.26 ' ------ I I I I I I I \Jl I POINT OF _. ~ BEGINNI NG~~~- ·.;,.~ C:P. I e RIVERPOINT AT SHERIDAN SUBDIVISION FILING NO . 1 'r, I I I I I I I I I RIVERPOINT AT SHERIDAN SUBDIVISION FILING NO . 1 BLOCK 6 LO T 1 BLOCK 5 LOT 38 6=05'13'49" R=548 .00' L=50 .03 ' B=N09"49' 16"E ChD =50 .0 1' \ sa1·1 3 ,32 .. £ _, 66. 7B ' NOT A PART OF THI S S UBDIVISION - RESENT A MONUMENTED LAND SURVEY EPICT THE ATIACHED DESCRIPTION . 0 Sca le : 1"=100' 100 200 Engineers cienti ts urv yors FEET NON-EXCLUSIVE UTILITY EASEMENT DESCRIPTION RIVER POINT AT SHERIDAN SUBDIVISION FILING 1 NE 1/.C , SEC . .c ., T. 5 S., R . 68 W., 6TH PM CITY OF SHERIDAN , COUNTY OF ARAPAHOE , STATE OF COLORADO ORN · PM DATE . 01/22/07 JOB: 003038 CKD SCALE . 1"•100 FBK: N I A PERMANENT UTILITY EASEMENT KNOW ALL MEN BY THESE PRESENTS THAT WEINGARTEN MILLER SHERIDAN, LLC, Grantor, for and in consideration of TEN AND N0/100 DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Grantor, does, for itself and on behalf of its heirs, successors and assigns, hereby grants and conveys to the CITY OF ENGLEWOOD, a municipal corporation of the State of Colorado, the Grantee, its successors and assigns, a right of entry and permanent non exclusive utility easement on that property described in Exhibit "D", which is attached hereto and incorporated herein by this reference (hereinafter the "Easement Premises"), upon which to reconstruct, operate, remove, repair and maintain sanitary sewer facilities across, on, under and through the Easement Premises, said Easement Premises lying and being in the City of Sheridan, County of Arapahoe, State of Colorado. Grantor hereby covenants and agrees that it has good title to the Easement Premises; that it has good and lawful right to grant this easement and that it will warrant and defend title and quiet possession thereof against the claims of all persons whomsoever. Grantor further covenants to and with Grantee that the Grantee's officers, agents or employees may at any or all times when necessary or convenient to do so, go over and upon said Easement Premises, and do and perfonn any and all acts necessary and convenient to the carrying into effect of the purposes for which this grant is made. Non Exclusive Utility Easement Page2 Grantor hereby reserves the right to use the Eas ement Premises for any purposes which are not inconsistent with, and do not interfere with, the easement and rights herein granted to Grantee, provided, however, that such reservation by Grantors shall not include the right to erect or cause to be erected any buildings, structures, trees, or other obstructions on the Easement Premises which would preclude, injure or make more difficult the exercise by Grantee of the easement and rights granted to Grantee hereunder. Grantee agrees to restore the Easement Premises , as reasonably as possible, to the condition it was in immediately prior to any maintenance activities undertaken herein . Such restoration shall not include the replacement or repair of any structure or landscaping (such as but not limited to trees, signs, walls, etc.) Such restoration shall only include repaving, regrading or reseeding of the Easement Premises as needed. SIGNED this /3 r-,.__ day of t?uf · ,20:!.]_. B· ~ ad~~ ~NTOR AITEST: COUNTY OF ARAPAHOE ) )ss . STATE OF COLORADO ) p:,._ The foregoing instrument was acknowledged before me this / 3 day of -~-·-"-..... ~----' 20 o 7 . My Commission Expires: / I /f /o f ~" BAR NOTARY PUBLIC STATE OF COLORADO My Commie,lon i)q)lf'II Nov . 4, 2008 A~A<~ Notary Publi c EXHIBIT D SHEET 1 OF 2 NON-EXCLUSIVE UTILITY EASEMENT DESCRIPTION AN EASEMENT OVER, ACROSS, UNDER AND THROUGH A PORTION OF LOT 2, BLOCK 6 , RIVER POINT AT SHERIDAN SUBDIVISION FILING 1 , LOCATED IN THE NORTHEAST QUARTER OF SECTION 4 , TOWNSHIP 5 SOUTH , RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN; CITY OF SHERIDAN, COUNTY OF ARAPAHOE, STATE OF COLORADO ; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT A WITNESS CORNER, BEING S 89°56'50" W, 50.14 FEET DISTANT FROM THE CALCULATED POSITION OF THE NORTH QUARTER CORNER OF SAID SECTION 4 AND MONUMENTED BY A 3" BRASS CAP STAMPED "PLS 22571", WHENCE THE NORTHWEST CORNER OF SAID SECTION 4 , AS MONUMENTED BY A 2-1/2 " ALUMINUM CAP, STAMPED PLS 11434, BEARS S 89 °56'50" W, A DISTANCE OF 2 ,605 .26 FEET WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO ; THENCE ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4 , N 89°56'50" E , A DISTANCE OF 50 .14 FEET TO THE CALCULATED POSITION OF THE NORTH QUARTER CORNER OF SAID SECTION 4; THENCE S 25 °00'27 " E , A DISTANCE OF 1792.47 FEET TO THE POINT OF BEGINNING ; THENCE S 85°34'01" E, A DISTANCE OF 6 .00 FEET; THENCE S 22°44'52" W, A DISTANCE OF 33 .29 FEET TO A POINT OF TANGENT CURVATURE ; THENCE ALONG A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 127.50 FEET, A CENTRAL ANGLE OF 04°51'01", AN ARC LENGTH OF 10.79 FEET, THE CHORD OF WHICH BEARS S 25°10'22" W , A DISTANCE OF 10 .79 FEET; THENCE N 15°40'06" E , A DISTANCE OF 42 .51 FEET TO THE POINT OF BEGINNING . CONTAINING A CA LCULATED AREA OF 133 SQUARE FEET OR 0.003 ACRES , MORE OR LESS . ILLUSTRAT ION ATTACHED H ERETO AND INCORPORATED HEREIN BY REFERENCE . SURVEYOR'S CERTIFICATE DENVER ILLUSTRATION FOR EXHIBIT D SHEET 2 OF 2 NW COR., SEC. 4 N89'56'50"E / FOUND 2-1/2" ALUM. CAP 50.14 ' LS 11434 POINT OF COMMENCEMENT WITNESS CORNER FOUND J" BRASS CAP~ BASIS OF BEARINGS LS 22571 _A N. LIN£ NW!L._4, SEC. 4 ~v-s e9·55·50" w 2605.26' ------ UNPLATIED BLOCK 6 LOT 2 N 1/4 COR., SEC. 4 CALCULATED POSff/ON NO MONUMENT FOUND OR SET CORNER FALLS IN SOUTH PLATT£ RIVER ti =04'51 ·01" R=l 27 .50' L=l0 .7 9' ChB=S25' 1 0'22"W ChD=l0.79' APPROX . 133 SQ FT (0 .003 ACRES). 0 Scale : 1 "=50' 50 THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED LAND SURVEY IT IS INTENDED ONLY TO DEPICT THE ATIACHED DESCRIPTION . FEET 100 Engineers Scientists urveyor. 2399 Blake treet, uite 130 Denver, CO 80205 NON-EXCLUSIVE UTILITY EASEMENT DESCRIPTION RIVER POINT AT SHERIDAN SUBDIVISION FILING 1 303 989 S88 voice 303 989 9932 fi NE 114 , SEC . 4 ., T. 5 S., R. 68 W ., 6TH PM CITY OF SHERIDAN , COUNTY OF ARAPAHOE , STATE OF COLORADO Vlco .LTD. ORN : PM DATE : 01/22/07 JOB 0030380 __ -i CKD . SCALE: 1"•100 FBK NIA / PER.l\1ANENT UTILITY EASEMENT KNOW ALL MEN BY THESE PRESENTS THAT WEINGARTEN MILLER SHERIDAN, LLC, Grantor, for and in consideration ofTEN AND N0/100 DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Grantor, does, for itself and on behalf of its heirs, successors and assigns, hereby grants and conveys to the CITY OF ENGLEWOOD, a municipal corporation of the State of Colorado, the Grantee, its successors and assigns, a right of entry and pennanent non exclusive utility easement on that property described in Exhibit "E", which is attached hereto and incorporated herein by this reference (hereinafter the "Easement Premises"), upon which to reconstruct, operate, remove, repair and maintain sanitary sewer facilities across, on, under and through the Easement Premises, said Easement Premises lying and being in the City of Sheridan , County of Arapahoe, State of Colorado . Grantor hereby covenants and agrees that it has good title to the Easement Premises ; that it has good and lawful right to grant this easement and that it will warrant and d efend title and quiet possession thereof against the claims of all persons whomsoever. Grantor further covenants to and with Grantee that the Grantee's officers, agents or employees may at any or all times when necessary or convenient to do so, go over and upon said Easement Premises , and do and perform any and all acts necessary and convenient to the carrying into effect of the purposes for which this grant is made . : i I • I I I I I I : ' I : I I I I Non Exclusive Utility Easement Page2 Grantor hereby reserves the right to use the Easement Premises for any purposes which are not inconsistent with, and do not interfere with, the easement and rights herein granted to Grantee , provided , however, that such reservation by Grantors shall not include the right to erect or cause to be erected any buildings , structures, trees, or other obstructions on the Easement Premises which would preclude, injure or make more difficult the exercise by Grantee of the easement and rights granted to Grantee hereunder. Grantee agrees to restore the Easement Premises, as reasonably as possible, to the condition it was in immediately prior to any maintenance activities undertaken herein. Such res toration shall not include the replacement or repair of any structure or landscaping (such as but not li mi t ed to trees, signs , walls , etc.) Such restoration shall only include repaving, regrading or re seeding of the Easement Premises as needed . ... ~ 4 SIGNED this /...:) day of ~<-,._.,1,- / ,2oa, -~ O:.AJ~-~ ~NTOR ATTEST: COUNTY OF ARAPAHOE ) )ss. STATE OF COLORADO ) The foregoing instrument was acknowledged before me this /3~y of 7 b ·~ , 20£:J_. My Commission Expires: 11/f/of BARB NOTAR Y PUBLIC STATE OF COLO RADO My Commllllon &pirel Nov . 4, 2008 ~fa--~ Notary Public --------·--~ EXHIBIT E SHEET 1 OF 3 NON-EXCLUSIVE UTILITY EASEMENT DESCRIPTION 'f~~;iQ v €\rt;~t.r~ VJ~l}2iiil~ AN EASEMENT OVER, ACROSS, UNDER AND ACROSS A PORTION OF TRACT P, RIVER POINT AT SHERIDAN SUBDIVISION FILING 1, LOCATED IN THE NORTHEAST QUARTER OF SECTION 4 , TOWNSHIP 5 SOUTH , RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN; CITY OF SHERIDAN, COUNTY OF ARAPAHOE , STATE OF COLORADO ; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT A WITNESS CORNER, BEINGS 89°56'50" W, 50 .14 FEET DISTANT FROM THE CALCULATED POSITION OF THE NORTH QUARTER CORNER OF SAID SECTION 4 AND MONUMENTED BY A 3" BRASS CAP STAMPED "PLS 22571", WHENCE THE NORTHWEST CORNER OF SAID SECTION 4 , AS MONUMENTED BY A 2-1/2" ALUMINUM CAP, STAMPED PLS 11434, BEARS S 89°56'50" W , A DISTANCE OF 2,605 .26 FEET WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO ; THENCE ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4, N 89°56'50" E, A DISTANCE OF 50.14 FEET TO THE CALCULATED POSITION OF THE NORTH QUARTER CORNER OF SAID SECTION 4; THENCE S 22°09'34" E, A DISTANCE OF 1904.96 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF RIVER POINT DRIVE AND THE POINT OF BEGINNING ; THENCE ALONG SAID NORTHERLY RIGHT OF WAY LINE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 179.50 FEET, A CENTRAL ANGLE OF 07°18'43", AN ARC LENGTH OF 22 .91 FEET , THE CHORD OF WHICH BEARS N 57°59'17" E, A DISTANCE OF 22 .89 FEET TO THE WESTERLY RIGHT OF WAY LINE OF SOUTH SANTA FE DRIVE ; THENCE ALONG SAID WESTERLY RIGHT OF WAY LINES 16°07'46" W , A DISTANCE OF 456.98 FEET TO A POINT OF TANGENT CURVATURE ; THENCE ALONG A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 149.00 FEET, A CENTRAL ANGLE OF 24 °1 5 '0 3", AN ARC LENGTH OF 63 .07 FEET, THE CHORD OF WHICH BEARS S 28°15 '17" W , A DISTANCE OF 62 .60 FE ET; THENCE N 15 °53'1 0" E, A DISTANCE OF 501 .13 FEET TO THE POINT OF BEGINNING . CONTAINING A CALCULATED AREA OF 6 ,664 SQUARE FEET OR 0 .153 ACRES , MORE OR LESS . IL L USTRATION ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE . SURVEYOR'S CERTIFICATE V3 CO PANIES OF COLORADO 2399 BLAKE STREET. TE . 130 DENVER CO . 80205 PH : 303-989-8588 FX: 303-989-9932 DENVER HICAGO PHOENIX ----------------_,_ ........ _..,. ILLUSTRATION FOR EXHIBIT E NW COR., SEC. 4 NB9°56'50"£ SHEET20F 3 N 1/4 COR., SEC. 4 CALCULATED POSmON LS 11434 POINT OF COMMENCEMENT WITNESS CORNER / FOUND 2-1/2• ALUM. CAP 50.14' NO MONUMENT FOUND OR SET FOUND 3• BRASS CAP~ CORNER FALLS IN SOUTH PLATTE: RMR BASIS OF BEARINGS LS 22571 _A N. LIN£ NWJL.4, SEC. 4 ~v-s s9·55•50· w 2605.26 ' ------\ \ \ \ \ \ \ 't Ii-,:> .,> ~~. ~,o i,tO. 'tO 'vl (Jl.\~ '(' RIVER POINT DRIVE RIVERPOINT AT SHERIDAN SUBDIVISION FILING NO . 1 TRACT P \ I I SEE SHEET3 EASEMENT CONTAINS APPROX . 6,664 SQ FT (0 .153 ACRES). THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED LAND SURVEY IT IS INTENDED ONLY TO DEPICT THE ATIACHED DESCRIPTION . I \ I \ I , ~ A=o1· 1 a· 43" R=179 .50' L=22.91' Ch8=N57°59 '17"E ChD=22 .89' 0 Scale : 1 "=50' 50 FEET 100 Engineers Scientists Surveyors 2399 Blake treet , Suite 130 Denver, 0 8020S 303 .989 .8588 voice NON·EXCLUSIVE UTILITY EASEMENT DESCRIPTION RIVER POINT AT SHERIDAN SUBDIVISION FILING 1 303 .989 .9932 fax V3co .com NE 11<4 , SEC . <4 ., T. 5 S., R. 68 W., 8TH PM CITY OF SHERIDAN , COUNTY OF ARAPAHOE . STATE OF COLORADO ORN · PM DATE · 01/22/07 JOB : 003038 OMPANIE OF CKD : SCALE 1"•100 FBK NIA BLO CK 7 LOT 2 ILLUSTRATION FOR EXHIBIT E SHEET 3 OF 3 SEE SHEET2 ~ \_6 =24'1 5'03 " R=149 .00' L=63 .07 ' ChB =S28' 15' 17"W /D-6 260 ' EASE ROX . 6,664 SQ FT (0 .153 ACRES). 0 -Sca le : 1 "=5 0' 50 --100 I THIS EXHI BIT DOES NOT REPRESENT A MONUMENTED LAND SURVEY IT IS INTENDED ONLY TO DEPICT THE ATTACHED DESCRIPTION . FEET Engineers Scientists Suro yors 2399 Blake Street , Suite 130 Dcnv r, 80205 9 5 oice 2fax ,LTD . NON-EXCLUSIVE UTILllY EASEMENT DESCRIPTION RIVER POINT AT SHERIDAN SUBDIVISION FILING 1 NE 1/4 , SEC . 4 ., T . 5 S., R. 68 W ., 6TH PM CITY OF SHERIDAN , COU NTY OF ARAPAHOE , STATE OF COLORADO ORN: PM CKD · DATE : 01/22/07 SCALE 1"•100 JOB 003038 FBK NIA • ( ORDINANCE NO. SERIES OF 2007 BY AUTHORITY COUNCIL BILL NO . 48 INTRODUCED BY COUNCIL MEMBER TOMASSO AN ORDINANCE AUTHORIZING A GRANT OF EASEMENT FOR THE WATER LINE TO THE ZUNI WATER TANK AND QUIT CLAIM DEED FOR 2890 SOUTH ZUNI STREET. WHEREAS, the City constructed the Englewood Water Tanlc on property adjoining the Englewood Zuni Fire Station; and WHEREAS, when the Fire Station property was sold in 1960, an easement should have been retained for the existing water line; and WHEREAS, an Easement for a water line was not executed at the time of the sale of the property in 1960; and WHEREAS, the passage of this Ordinance will correct this situation by granting the City an easement of approximately 20' X 72' by the owners of the property, in exchange for A Quit Claim Deed for access, curb and gutter; WHEREAS, this will allow the owners of this property to fence in the property and give the City access to the Water Line Easement by installing a gate large enough for a backhoe or dump truck ; and WHEREAS, the Englewood Water and Sewer Board recommended approval of the Grant of Easement and Quit Claim Deed for curb and gutter for this property at their August 14 , 2007 meeting; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS : Section 1. The Grant Of Easement between John and Julie McGrath and the City of Englewood, Co lorado , attached hereto as Exhibit I , is hereby accepted and approved by the Englewood City Council. Section 2 . The Quit C laim Deed from the City of Englewood to John and Julie McGrath for their access, curb and gutter, attached hereto as Exhibit 2, is hereby accepted and approved by the Englewood City Council. Section 3 . The Mayor is authorized to execute and the City Clerk to attest and seal the Quit Clai m Deed for and on behalf of the City of Englewood, Colorado. Introduced, read in full, and passed on first reading on the 20th day of Augu t , 2007. 9 bi 1, I• ! 1· I' I', i I : ' 1, ' Published as a Bill for an Ordinance on the 24th day of August, 2007 . Read by title and passed on final reading on the 4th day of September, 2007 . Published by title as Ordinance No . _, Series of 2007, on the 7th day of September, 2007 . Olga Wolosyn, Mayor AITEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No . _, Series of 2007 . Loucrishia A. Ellis , ' ' I • 1 i \ I I • I ! I I I I I I EXHIBIT 1 GRANT OF EASEMENT THIS GRANT of Easement (this "Grant") is made this_ day of , 2007 , by JOHN J. McGRATH and JULIE K. McGRATH ("Grantor") as the Owners of 2890 South Zuni Street, Englewood, Colorado 80110, whose address is 5265 South Youngfield Court , Littleton, Colorado 80127-1502 , in favor of the CITY OF ENGLEWOOD ("Grantee") whose address is 1000 Englewood Parkway, Englewood, Colorado 80110. The parties covenant and agree as follows : 1. Easement Property. The "Easement Property" shall mean the real property located in the County of Arapahoe, State of Colorado, more particularly described as a 20 foot easement, ten feet (10') on each side of the centerline of the waterline running from the Zuni Water Storage Tank to the Zuni Street Right-of-Way, as shown on Exhibit A , attached hereto and incorporated herein by reference . 2 . Consideration. As consideration, Grantee has given Grantor ten dollars ($10.00) and other good and valuable consideration, including an exchange of easements , the receipt of which is hereby acknowledged by Grantor 3 . Grant of Easement. Grantor hereby grants to Grantee, its successors and assigns , a perpetual easement over, under, across and through the Easement Property for the purpose of constructing, operating, maintaining, repairing, replacin g , removing , improvin g and enlarging a water main from the Zuni W at er T ank. 4 . Access . Grantee shall have the perpetual, nonexclusive right of ingress and egress in, to , over, through and across the Easement Property for any purpose necessary or desirable for the full enjoyment of the rights granted to Grantee under this Grant. 5. Resto ration . Grantee agrees that after the construction, maintenance, repair, replacement or enlargement, if any, for the water main, Grantee shall restore the surface o f the Easement Pro perty a s nearly as pos sib le to the grade and conditions existin g immed iat ely prior to said construction, maintenance, repair, repla cement or enlargement, except as may be necessary to accommodate the water line . Grantee further agrees to repl ace any topsoil removed from any cultivated or agricultural areas on the Easement Property and to remove any excess earth resulting from said construction, maintenance, repair, replacement or enlargement, at Grantee's sole cost and expense. 6 . No Improvements . Grantor covenants and agrees not to construct, erect, place or plan any "Improvements ," as hereinafter defmed, on the Easement Property without obtaining the prior written consent of Grantee . "Improvements" shall mean any structure, building, planting, trees, shrubbery, or garden other than a grass type lawn or asphalt parking surface. Grantee shall have the right to remove, without any liability to Grantee, any improvements constructed, erected, placed or planted on the Easement Property without Grantor's having obtained the prior written consent of Grantee. If such prior written consent is not obtained, Grantee hall not be re ponsible for repair or replacement of th e Improvement if they arc damaged during construction, maintaining, repair, replacement or enlargement. 7. Subjacent and Lateral Support. Grantor covenants and agrees that Grantee shall have the right of subjacent and lateral support on the Easement Property to whatever extent is necessary or desirable for the full, complete and undisturbed enjoyment of the rights granted to Grantee under this Grant. 8. Rights of Grantor. Grantor reserves the full right to the undisturbed ownership, use, and occupancy of the Easement Property insofar as said ownership, use, and occupancy is consistent with and does not impair the rights granted to Grantee in this Grant. 9. Abandonment. In the event that Grantee shall abandon the rights granted to it under this Grant, all rights, title and interest hereunder of Grantee shall cease and terminate, and Grantor shall hold Easement Property, as the same may then be, free from the rights of Grantee so abandoned and shall own all materials and structures of Grantee so abandoned, provided that Grantee shall have a reasonable period of time after said abandonment in which to remove any or all Lines and Appurtenances from the Easement Property. In the event that Easement is abandoned by Grantee, Grantor shall have the right, at its sole option, to require Grantee to remove or neutralize any improvements constructed in the Easement by Grantee. 10. Warranty of Title. Grantor warrants and represents that Granter is the owner of the Easement Property and that Grantor has full right, title and authority, to grant and convey to Grantee the Easement. Grantor further covenants and agrees to indemnify, defend and hold Grantee harmless from and against any adverse claim to the title to the Easement Property by all and every person or persons lawfully claiming or to claim the whole or any part thereof. 11 . Binding Effect. This Grant shall extend to and be binding upon the heirs , personal representatives, successors and assigns of the respective parties hereto . The terms, covenants, agreements and conditions in this Grant shall be construed as covenants running with the land IN WITNESS WHEREOF, the parties hereto have executed this Grant of Water Line Easement the day and year first above written. STATE OF COLORADO ) ) ss. COUNfY OF ARAPAHOE ) Acknowledged before me this ~O day of ~ ,2007, by John J . McGrath and Julie K. McGrath as the Owners 7289 outh Zuni Street, Englew olorado 80110 . My Commis ion expires: I I " <.n p N C: z en ~ --t>4- . .,, ,.. . T TO SCALE I" TAP N ~-I 20 R.o.w. I\) CJ) U) 0 CITY SA.L! TO HAYNIE 9001< 2291 PAGE 4841 W. BATES AVE . • X H I • t A QUIT CLAIM DEED SOUTH ZUNI STREET --------- EXH1BIT2 THIS QUIT CLAIM DEED is made this __ day of , 2007, between the City of Englewood, Colorado, a municipal corporation duly organized and existing under and by virtue of the laws of the State of Colorado, Grantor, whose address is 1000 Englewood Parkway, Englewood, CO 80110, of the County of Arapahoe, Grantor, and and----------' whose address is 2890 So . Zuni Street, Englewood, CO 80110, County of Arapahoe . WITNESSETH, That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold, conveyed and QUIT CLAIMED, and by these presents does remise, release, sell, convey and QUIT CLAIM unto the Grantee, their heirs and assigns forever, all the right, title, interest, claim and demand which the Grantor has in and to the real property together with improvements, if any, situate, lying and being in the County of Arapahoe and State of Colorado, described as follows : Parcel 1: The 5 .5 foot easement recorded in Book 2328 at Page 419 , in the records of the Arapahoe County, Clerk and Recorder. Parcel 2: The north eighteen feet (18') of the property located at 2890 South Zuni Street, Englewood, Colorado and shown on the attached Exhibit. TO HA VE AND TO HOLD the same, together with all and singular appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining with the exception of said 18 foot easement and conditions attached thereto, and all the estate, right, title, interest and claim whatsoever, of the grantor, either in law or equity, to the only proper use, benefit and behoof of the grantee, their heirs and assigns forever . The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders . IN WITNESS WHEREOF, the grantor has caused its name to be hereunto subscribed by its Mayor, Olga Wolosyn, and attested to by its City Clerk, the day and year first above written. CITY OF ENGLEWOOD , COLORADO ATTEST: Olga Wolosyn, Mayor Loucrishia A . Ellis , City Clerk ( --~----------- ORDINANCE NO. SERIES OF 2007 BY AUTHORITY COUNCIL BILL NO. 49 INTRODUCED BY COUNCIL MEMBER WOODWARD AN ORDINANCE AUTHORIZING A "LICENSE -CITY DITCH CROSSING AGREEMENT" FOR PLACING DECORATIVE ROCK ON A PORTION OF THE CITY DITCH RETAINING WALL AND REMOVING AN EXISTING FENCE IN THE CITY DITCH EASEMENT ADJACENT TO THE LOCATION OF 3066 SOUTH SHERMAN STREET, ENGLEWOOD, COLORADO. WHEREAS, American Homes, LLC -Emilie A. Hogy submitted an application for placing decorative rock on a portion of the City Ditch retaining wall and removing an existing fence in the City Ditch Easement that runs diagonally east to west spanning the property; and WHEREAS, the existing wall and fence were needed to protect the Easement from trespassers and prevent illegal dumping; and WHEREAS, the owner of 3066 South Sherman Street, Englewood, Colorado will be responsible for maintaining the Easement ; and WHEREAS, no trees will be planted in the City Ditch Easement; and WHEREAS, the Englewood Water and Sewer Board recommended approval of the "License -City Ditch Crossing Agreement" for the location of 3066 South Sherman Street, Englewood, Colorado at the August 14, 2007, meeting; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The "License -City Ditch Crossing Agreement" for placing decorative rock on a portion of the City Ditch retaining wall and removing an existing fence in the City Ditch Easement, attached hereto as "Attachment l ," is hereby accepted and approved by the Englewood City Council. Section 2 . The Mayor is authorized to execute and the City Clerk to attest and seal the "License -City Ditch Crossing Agreement" for and on behalf of the City of Englewood, Colorado. Introduced, read in full, and passed on first reading on the 20th day of August, 2007 . -1 - 9bii Published as a Bill for an Ordinance on the 24th day of August, 2007 . Read by title and passed on final reading on the 4th day of September, 2007. Published by title as Ordinance No. _, Series of 2007, on the 7th day of September, 2007. Olga Wolosyn, Mayor ATIEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No._, Series of 2007 . Loucrishia A. Ellis -2- JUL--24-2007 TUE 10: 00 AM co~ UT! LI TIES FAX NO. 3037836894 P. T.JCEN~E · CITY PITCH QROR8TNG AGREEMENT THIS LICENSE AGREEMENT, made and entered into as of this / d-day of r-l._uq _:),OCJ::]_, by and between the CITY OF ENGLEWOOD, a municipal corporation of the S,tp.te of Colorado, herein referred to as "City", and AM E:.8£ '-AN tl.PM E s.i. LLC-· herein referred to as "Licensee'. WITNESSETH : The City without any warranty of its title or. interest whatsoever, hereby authorizes Licensee, its succ sor, assign;.-to install O Mi K A 7T {Jc_. H C D r.:,,,.- ( \ JE )( }-( J 8 J II oi,,e=1e. i;>:ts.r1tJG · r?e:-r~Y.A w,rH..:::.f<JrJG' o'jer the City's rights-of-way fo1• the City Ditch, described as a parcel of land situated in the _ h o R"'t' H; !:A s-r Qu A R::Z:: e ?s: . of Section 3={--. Township ~ '2;9:,e,i ·p If Range (r, ~ Wl::' SC: of the Sorr/-1 Pt=/ =,4 Iv\ EPJ D IA-J P.M .• County of Arapahoe, Stato of Colorado described as follows : I?,, 17 AN. D ( i I B /....o Cf<" (p-' /-o·T .s 6/.?C>fl-'DWA 'y /11=1 &J+TS The above-described parcel contains q 3 7 .S S, P', , more or leec, 1. Any construction contemplated or performed under this License shall comply with and conform to sta11dards fo:rmulated by the Director of Utilities of the Ci ty and such construction shall be performed and completed according to the plans, consisting of one s heet, a copy of which i s a t tached hereto and made a part h er eof. 3. Within thj.;:ty (30) days fr~ the date of the commencement of construction of said __ _ SrotJ e-<.!ov et?..E o (.!C>t.J cr?s;n-e WA-LL thG Licensee shall complete such construction, place and maintain permanent, visible ma.l'kers, of a type and at such locationsas designated by the City's Diracto1· of Utilities, referring to the centerline of the installation and shall clear the crossing area of all construction debris and restore the area to it11 previous condition as near as may be reasonable . In the event the planini of the centerline markers and the clearing-and restoration of the crossing-a1·ea is not completed within the time specified, the City may complete the woi-k at. the sole E!)tpenee of the Licenaee . ,1,, The City shall have the ri,ht to 1uaintain, install, rcpari, remove or relocate the City Ditch or any other of its f'aciliti • or installatioN within th.e City's ri1hts-of-way, at any time and in uch manner as the City deema n cee ary or convenient. The City reserve, the 02 A t t a C h m e n t 1 JUL-24-2007 TUE 10:01 AH COE UTILITIES FAX NO. 3037836894 P. 03 exclusiv e r i ght to contr ol all easemente and installations. In the event the Si-'o,U e! ave-12. e O C!.o tJC,Fe~tt \lvALL should interfere with any future use of the City's rights-of-way by the City, the Licensee shall, upon request and at its sole expense, relocate, rearrange, or remove its installations so as not to interfere with any such use. 5 . Any repair or replaceme11t of a ny City installation made ne~essary, in th~:PPinion of the Cjty's Director of Utilities because of the construction of the S.::r:o ru '= <.!'ou €IC e O Cl.01J CR~.,.-~ V,,./ ALL.. or other appurtenant installation thereof, shall be made at the sole expense of the Licensee . 6. The stipulation and conditions of this License shall be incorporated into contract specifications if the construction herein authorized is to be done on a contract basis. 7. The rights and privileges granted in this License shall be subject to prior agreements, licenMe& and/or grants, recorded or unreco1·ded, and it shall be the Licensee's sole responsibility to determine the existence of said documents or conflictini;t uses or installa tiont,;. ' 8 . The Licensee shall contact and fully cooperate with the City's personnel and the construction shall ba completed without interference with any lawful, usual or ordinary flow of water through the City Ditch. Licensee shall assume all risk$ incident to the possible presence of such wate1·s, or of storm waters, or of surface waters in the City Ditch. 9 . All trenches or holes wit hin the City's rights-of-way shall be bad.dilled and tamped to the ori ginal ground line in laye rs not to excee six (6) inches loose measure to a compaction of ninety per ce n t (90%) Sta ndar d P r octor Maximum D ensity . 10. Licensee, by acceptance of t his License, expr4essly assumes full and strict liability for any and all damages of every natui·e to person 01· property caused by water fr om the ditch lealcing tlu·ough tho ditch banks or pipeline at the point or points where the Licensee perform.s any work in connection with the crossing provided by this License. The Licensee a ssumes all responsibility for maintenance of the illStallation. being within and across and \Ul er he pr mises of the City or by reason of any work done or omission made by Licensee, its agents or employees, in connection with the construction , replacement, maintenance or repair of said installation. 12. It is expressly agreed that in case of Licensee's breach of any of the within promises, the City may, at its option, have specific performance thereof, or sue for damages resulting from such breach. 13. Upon abandonment of any right or privilee-e herein granted, the right of Licensee to that extent shall terminate, but its obligation to indemni&Y and save harmless the City, its officers and employees, shall not terminate in any event. In granting the above authol"ization, the City reaervee the right to make full use ofthe property involved ae may be neceaeary or convenient in the oparation of the water work" plant and syetcm under the control of the City. -2 - . ,JUL-21-2007 TUE 10:0J AM COE UTILITIES FAX NO. 3037836894 In granting the above authorization, the City reserves the right to make full use of the property involved as may be necessary or convenient in the operation of the water works plant and system under control of the City. IN WITNESS WHEREOF this instrument has been executed as of the day and year first above written. CITY OF ENGLEWOOD By:---------------- Stewart H. Fonda Director of Utilities City of Englewood By: _______________ _ Chainnan Englewood Water and Sewer Board has read the The undersigned officer of A f"l E: ~ /CA-J /-/oM Es.-, LLc__ fo 2egoing License and a es for an on behalf of said __,A'-..!...!f../--'-;;;;;E;...:R...!....!./.::::C~~· -J=--,L-L:;O~M~t;;;::...S:;;;.,,...--=L==-=--~"'--------------· that it will accept and will abide by all the terms and conditions thereof. LICENSEE: Tit~ftz_/ Address:i,7f1-t? 6: :;:aDDEfOSrlL),€_ ~-R t<ele 1 ()o 6'e>13 g Phone: 7oZt::? -8' st'..:2 --0 3 c) ..3 Notary: My commission expires: ANITA l. SCHULTZ ~ NOTARY PUBLIC STATE OF COLORADO o My Commission Expires Aug . 04, 2008 -P. 04 CHAIN LI FENCE LOT 15 .. ···-. -. ~ = •• $ .... - ---------------- EXHIBIT "A" LO 'r 16 .. . ALLEY . --· ··-. -·---. ---·----·-East property line S AAYER>s a OADWAY H 1GHTS SOOK A I r'AQE 01 L.OT 17 DITCH tNl'~,'i-l rNE BLOCK6 ·~ .9 -t' t' a.> ~ C. LOT 18 Q ... C. -= t: Q z f._ --. l,;v:JI~ I,~ I • • ' ' '\. ·. aiaha linkfetice ti, be ffllltm:d Existing Concrete Will wbicb commences 31 ' south of the nortb property line and ends 0' south of the north property line to be covered with the same stonework as shown on the home Illustration In photo 3 of Exblblt "B" 3066 SOUTH SHERMAN STREET Q. Q ... Q. -= -= Q en JUL-24-2007 TUE 10:01 AM COE UTILITIES FAX NO . 3037836894 TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement (the Temporary Easement) is entered into this ..L_ day of 44 f e, ac:i7 by and between the City of Englewood, Colorado, a municipal corporation qf the state of Colorado, acting by tb.e tbrougb its Water and Sewer Board (Grantor) and A MER i C.A; 1J do !vi es , LU• (Grantee). _________________ _._ __ WHEREAS, The City of Englewood owns a right-of-way for the City Ditch, a carrier ditch (City Ditch ROW) which is located as described .on Exhibit A . WHEREAS, ·/VI GI? IC:../"< t,) Ho;v;£s U..c desires to install a SK)/\(~ C?,w (£'(c I (J(? OVER F>tlSTI.J.JG-dl.JC.fc.eTcE Vi ALL within the City Ditch ROW pursuant to a license between the parties. NOW, THEREFORE, In consideration oftbe mutual covenants of the parties, more particularly bereinafter set forth, the adequacy and sufficiency of which are hereby acknowledged, it is agreed as follows: l. Te ora Construction Easement. EngJewood (as Granter) hereby grants to :M ~1<..A,J C>N1es: L · (as Grantee), its successors, assigns, contractors, and sub -contractors, a non-exclusive temporary construction easement through, over, under and across the City Ditch ROW for the installation of a .5-',c:>rv ~ Q{j v 13 R av E IL ~ Xl$T/ (')(',... Go1Jcqqe: WA C..l pursuant to a license a.greement (the Project). 2. Term of Easement. Th e Project will begin no sooner thanf?0fi /~ .:1c.:,z and will be completed no later tharuif '"· ;;,pe17, Completion ~he Project will be deemed to have occurred upon inspection and approval of the Project by Grantor and this Temporary Easement will be deemed to have terminated upon such completion. 3. Access . Grantee shall have the temporary non-exclusive right to enter the City Ditch ROW for any reasonable purpose necessary or prudent for the construction of the Project subject to the following restrictions : I) normal working hours shall be consistent with CDOT construction hours, Monday through Friday and 2) the operation of equipment and heavy trucks will be permitted on the Englewood City Ditch ROW only during normal working hours . P. 05 JUL-24-2007 TUE 10 :01 AH COE UTILITIES FAX NO. 3037836884 4. Restoration. Upon completion of the Project, Grantee will perform such restoration and regrading as is necessary or prudent to restore the swface area of the City Ditch ROW r.a its original condition. 5. Indemnification. Grantee, to the extent permitted by the laws and constitution of the State of Colorado, hereby agrees to be liable and hold harmless the City of Englewood, its employees, tenants, and guests from any and all claims, causes of action, and liability which may occur as a result of the negligent or wrongful acts of Grantee. in the construction of the Project, including the cost of defending against such claims. 6. Liabilicy. Grantee hereby acknowledges that it understands that there is water flow in the City Ditch from April 1 to November 1 of each year and that it will assume liability for any damage to adjoining property caused by water flow resulting from damage to the City Ditch caused by the Grantee's · construction activities. 7. Insurance. Grantee shall maintain in full force and effect a valid policy of insurance for che Project in the amount of $600,000.00 property coverage and $600,000.00 liability coverage. Grantee further agrees that all its employees, cone-actors and sub-contractors working on the Project shall be covered by adequate Workers Compensation insurance. 8. Assignment. This Temporary Construction Easement is assignable only with the written permission of Englewood, which permission will not Uil!"easonably withheld, conditioned or delayed. IN WITNESS WHEREOF, the panics hereto have executed this temporary construction Easement on the date and day firsJ written above . P. 06 I I ' I l I I I I ] • I I I I ----------- JUL -~4-2007 TUE 10:02 AH COE UTILITIES FAX NO. 3037836894 In granting the above authorization, the City reserves the tight to make full use of the property involved as .may be necessary or convenient in the operation of the water works plant and system under control of the City. IN WITNESS WHEREOF this instrwnent has been executed as of the day and year first above written . · CITY OF ENGLEWOOD By: _____________ _ Stewart H. Fonda Director of Utilities City of Englewood By:---------------- Chairman Englewood Water and Sewer Board The unders~gnod officer of A M IE le_ IC.A ,J Uotl\ {? s. LJ_c_ foregoing License and agrep for an on be4a}f of said ' bas read the 4 /:!-i..LfJ_;\:...;;l?;;.....f<:....:=' ...:..J.C.=A-....:...i....?J __ :....:....;HCCJ:.....;...t-l\-:..::i?;;.....S-J,.., _.=; LL~(,_ __________ that it will accept and will abide by all the tenns and conditions thereof. LICENSEE: Add1·ess: ------------- Phone: -------------- Notary: My commission expires : ANITA L. SCHULTZ NOTARY PUBLIC STATE OF COLORADO My Comrnieslon ExplrN Aug. 04, 2008 P. 07 COUNCIL COMMUNICATION Date: Agenda Item: Subject: September 4, 2007 9 Ci A Resolution Approving FY2008 Community Development Block Grant Application Initiated By: Staff Source: Community Development Department Janet Grimmett, Housing Finance Specialist COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Housing and Community Development Previous Action: City Council has approved Resolutions to file Community Development Block Grant (CDBG) applications almost annually since 1977. Participation in the Arapahoe County entitlement program began in 1991. Participation is authorized in three-year increments. Ordinance 13 , Series of 2006, approved an Intergovernmental Agreement to participate in the Arapahoe County Community Development Block Grant and HOME In vestment Partnership Programs for federal fiscal years 200 7 through 2009. RECOMMENDED ACTION Staff recommends that Council approve a Resolution authorizing staff to appl y to Arapahoe County for the City of Englewood 's portion of federal fiscal year 2008 Community Dev elopment Block Grant (CDBG ) funds . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The U .S. Department of Housi n g an d Urb an Development (HUD) CDBG En t itlement Program provides grants to units of local government and urban counties to meet housing and community development needs. The objective of the program is to enhance urban communities by providing: • decent, safe , affordable housing; • improved infrastructure; • public facilities and services; • economic opportunities. The Federal Program objectives are achieved through projects developed by local go ernments that primarily benefit low and moderate income families and other federal o bj c ti es. The request for funds may also include activities that meet other urgent development needs in communities such as damage from flooding, tornadoes, fire, etc. local governments determine which activities best serve the objectives of the program. Funds are appropriated annually by the Congress for the CDBG program and are allocated by statutory formula to each entitlement area. Arapahoe County is approved as an Urban County entitlement area . The CDBG grant funds are currently distributed to participating cities within Arapahoe County. Each participating city receives a set-aside portion of the total CDBG allocation. The amount of each set-aside is a flat rate based on each jurisdiction's poverty population. The current participating cities are the Cities of Englewood, Littleton, Sheridan, Glendale, Deer Trail, and Greenwood Village. The funding level for the City of Englewood for FY2008 is anticipated to be $150,000, the same as it has been for the past 5 years. The City of Englewood must submit an application no later than October 15, 2007 in order to receive its portion of the 2008 CDBG funding from Arapahoe County. The application will be for a total of $150,000. Englewood's FY2008 program consists of the same three projects that were approved for FY2007 CDBG funds. These three projects continue to meet current housing and neighborhood needs. All projects are subject to additional review by City staff, Arapahoe County CDBG administrators, and the County Commissioners. The listed projects and funding levels may change based on those reviews. FY2008 CDBG funds will be requested for the following projects: 1) $60,000 for the Housing Rehabilitation Project to provide loans to low-income homeowners to finance the costs of major household repairs and improvements. This Project also includes a handyman/small rehab component to assist seniors and disabled persons with the costs of minor household repairs ; 2) $65 ,000 for a neighborhood revitalization "paint-up/fix-up " project designed to improve the streetscape appearance of low-income owner-occupied residential properties within the City; 3) $25,000 for an eighth-year request to assist with staffing needs for the House of Hope homeless shelter. FINANCIAL IMPACT Existing Community Development staff will administ er the proposed projects. Staff salaries and benefits represent the City's participation in the projects . UST OF ATTACHMENTS Resolutio n RBSOLUl10N NO. SERIES OF 2007 RESOLUTION AUTHORIZING THE CITY OF ENGLEWOOD, COWRADO, TO FILE AN APPLICATION WITH ARAPAHOE COUNTY FOR A 2008 COMMUNITY DEVEWPMENT BLOCK GRANT. WHEREAS, the Englewood City Council has approved CDBG applications since 1977 and approved the execution of an Intergovernmental Agreement with the passage of Ordinance No. 37, Series of 1991, covering the City's participation in the Arapahoe County CDBG Entitlement Program for funding years 1992 through 1994; and WHEREAS, the Englewood City Council approved passage of Ordinance No. 13, Series of 2006, authorizing the execution of an Intergovernmental Agreement between the City of Englewood and Arapahoe County covering participation in the Arapahoe County CDBG Entitlement Program for funding years 2007 through 2009; and WHEREAS, the Arapahoe County Community Development Block Grant Program provides grants to participating municipalities to meet housing and community development needs; and WHEREAS, to compete in the Arapahoe County Community Development Block Grant Program, local governments must submit an application; and WHEREAS , the City of Englewood has received a notice of fund availability; and WHEREAS, the City of Englewood, Colorado, desires to apply for these funds through the Arapahoe County 2008 Community Development Block Grant to fund the Housing Rehabilitation Program, House of Hope staffing and neighborhood revitaliz.ation projects . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COWRADO, THAT: Section 1. The City of Englewood, Colorado, is hereby authorized to file an application for an Arapahoe County 2008 Community Development Block Grant. Section 2. The Mayor and City Clerk are authorized to sign and attest all necessary forms , documents, assurances and certifications for the Community Development Block Grant application for and on behalf of the City Council and the City of F.nglewood. ADOPTED AND APPROVED this 4th day of September, 2007. AITEST: Olga Wolosyn. Mayor I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2007 . Loucrishia A. Ellis, City Clerk COUNCIL COMMUNICATION Date: Agenda Item: Subject: September 4, 2007 9c ii Award Contract for Roof Repairs Initiated By: Staff Source: Department of Public Works David Henderson, Engineering/Capital Projects Coordinator COUNCIL GOAL AND PREVIOUS COUNCIL ACTION On April 16, 2007, Council approved Resolut ion No. 43, appropriating funds for roof repairs at the Servicenter. RECOMMENDED ACTION Staff requests Council approval , by Motion, authorizing the Director of Public Works to execute a contract with CRW, Inc., in the amount of $87,274, for the restoration and repair of metal roofs at the Servicenter and at the Safety Services Fox Street Sub-Station. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The metal roofi ng system s on the mai n Serv ic enter building at the Servicenter complex is original metal from the opening of the Servicenter in 19 70. This roof is in need of repa ir, as w ell as an application of a new top c oat to prev ent leaks and rust damage. The top c oating system has deteriorated and there is the potential for inc reased leaks at seam locations and at points of roof p enetrations for vent stacks , HV AC un its and furnace flues . The main Serv icenter bu ild i ng houses th e Fleet Garag e operation, administrati ve offi ces , and ma intenanc e areas for th e Tr affi c, Parks, U t ilities , and Bu ildin g M ai ntenance D ivisio ns. The met al roofi ng sys t em at th e Safety Services Sub-S tat ion, located at 3629 So uth Fox Stree t, is approximately 13 years old and in need of repairs and an application of a new top coat. The City purchased this building in 2003 and Building Maintenance staff has been dealing with periodic leaks. Safety Services staff requested and received authorization from the Forfeiture Fund Board and they have appropriated $2 5,000 for this project. The Public Works Department retained the services of Cave Consulting Group, an independent roofing consultant, to provide technical recommendations for the restoration of the main Servicenter building roof. Cave Consulting identified the causes of the leaks and prepared technical specifications for correcti e action . Generally, the corrective action involves thoroughly cleaning the roof, tightening all screws , repairing damaged areas , sealing and caulking all roof penetrations, seams and fasteners , priming rust areas , and applying two coats of epoxy coating. These impro ements will prolong the life of the metal roofing system . Th e b id doc uments included an alternate price to restore the roof on Building No. 8 (Welding Shop ) at th e Servi c enter facility. The metal roof on Building No. 8 is approximately the ame age as the main building, however, it is not leaking at this time. Staff requested the alternate bid price in case this roof could be added within the existing $75,000 appropriation. Subsequent to the bid opening on August 9th for the Servicenter, staff requested Cave Consulting to prepare recommendations to restore the Fox Street Sub-Station roof. Our consultant recommended the same top coat system and corrective action for the Fox Street metal roof as was specified for the Servicenter. Staff requested a quote from CRW to add the Fox Street work to this contract. CRW's quote of $20,928 ($3.00 per square foot) is fair and is in line with the cost per square foot bid for the Servicenter. Based on the competitive quote submitted by CRW and savings realized by not having to prepare separate bid documents, Public Works recommends adding this work to the Servicenter contract. The Forfeiture Fund Board supports our recommendation. FINANCIAL IMPACT This project was originally bid on May 10, 2007. Warranty requirements were not adequately addressed in the bid documents. All bids were rejected and the required changes to the bid documents were completed. The project was re-bid on August 9, 2007. Four contractors submitted bids for the project (see the attached Bid Tabulation). The low bidder, CRW Roofing, is an approved installer for the specified epoxy coating. Per our contract documents, materials for the Topcoat System , manufactured by GAF Materials Corporation, have a 15 year warranty. The labor and installation warranty is for 10 years. Detailed below are the costs associated with the project: Servicenter Roof (Main Building Only) CRW Roofing Cave Consulting Group Contingency Fox Street Sub-Station CRW Roofing Cave Consulting Group Contingency Total Estimated Project Costs Sub-total Sub-total $66 ,346.00 5,000.00 3,500.00 $74,846.00 $20,928.00 1,750.00 2,000.00 $24,678.00 $99,524.00 $100,000 is appropriated for this project: $75,000 from the Servicenter Fund and $25,000 from the Forfeiture Fund. LIST OF ATTACHMENTS Bid Tabulation Sheet CRW Proposal for Fo Street Contract Form - City of Englewood Bid Tabulation Sheet Bid Opening Date: August 9, 200710:00 a.m. ITEM BID : IFB-07-132 Servicenter & Bldg 8 Roof Repair Bid Add Metal Roof Metal Roof Bldg Vendor Bond Y/N Servicenter 8 Alpine Roofing , Inc Steve 303-295-7769 y NIA $ 67,770.00 $ 10,415.00 4780 York St Denver, co 80216 8& M Roofing Tm 303-443-5843 y NIA $ 76,900.00 $ 14,500.00 3768 Eureka Way Frederick , CO 80516 CRW Roofing Pete 720-348-0438 y NIA $ 66,346.00 $ 8,956.00 4421 Inca St Denver, co 80211 Carroll Painting Peter 719-497-8257 $ -$ - 4419 Centennial Blvd Colorado Springs , CO 80907 WeatherSure Dave 303-781-5454 y NIA $ 68,580.00 $ 11,200.00 3333 S Platte River Or E, , co 80110 Total Exceptions: $ 78,185.00 None noted $ 91,400 .00 None noted $ 75,302.00 None noted Bid bond in form of a check@ $3,766.00 Check #123008 ~ $ -NOBID $ 79,780.00 None noted IFB-07-132Servicenterbldg8RoofTab .xls ,Aug 22 07 10:06a CRIJ, Inc. 720 348 0431 Roofing Services Proposal Submitted To: Jim Kavinsky Proposal Date: 8/22/07 Operations Manager 2800 S. Platte River Drive Englewood, CO 80110 Project: Metal Roofing Restoration Project -3629 S. Fox Street, Englewood, CO p.3 CRW, Inc. proposes to provide the labor, materials, equipment and supervision necessary for the completion of the below listed work according to the manufacturer's specifieation and the terms and conditions per the attached Agreement: Het/11 Roof Restaration Is ta be Installed per the Englewood S#lrrlice Ctlntsr Specifications and GAF lO-year labor lS-year matsrial Gold Sysmn, Wam,nty requirements Including: ./ Aash or prepare all penetrations, curbs, pipes etc. In order to attain conditions for proper flashing procedures according to the manufacturer (GAF Corporation). Install crickets behind curbs where applicable . ./ Property prepare deck for coating application according to manufacturer's specifications (GAF Corporation) ./ Tigtiten and/or replace all panel fasteners as necessary ./ Ap~y roof coatings according to the manufacturer's 15-year warranty specifications (Platinum System): • SB-900 Metal Seam Sealer at vertical lap seams • 3-course application of SB-900 and 4" polyester reinforcement at horizontal laps • SB-900 Metal Seam Sealer at panel fasteners • TOPCOAT-Gray elastomeric roof coating (base coat) • TOPCOAT-White elastomeric roof coating (top coat) ./ Oean the gutter systems -Seal all gutter laps with Flex Seal Metal Gutter Sealer ./ Includes a 2-year contractor's warranty and a GAF tO-,ear labor ts-,.. ,,,_.,., Gold System Wa"anty Base ~posal: Twenty Thousand Nine Hundred Twenty Eight and 00/100 ______ $20,928.00 ) C CONTRACT CITY OF ENGLEWOOD , COLORADO THIS CONTRACT and agreement, made and entered into this 4th day of September, 2007, by and between the City of Englewood, a municipal corporation of the State of Colorado hereinafter referred to as the "City ", and CRW, Inc. , whose address is 4421 Inca Street, Denver, CO. 80211 , ("Contractor"). Commencing on the 13th day of July, 2007, and continuing for at least ten (10) days thereafter the City advertised that sealed proposals would be received for furnishing all labor, tools, supplies , equipment, materials and everything necessary and required for the following : PROJECT: METAL ROOF RESTORATION, ENGLEWOOD SERVICENTER MAIN BUILDING AND FOX ST. SUB-STATION WHEREAS , proposals pursuant to said advertisement have been received by the Mayor and City Council and have been certified by the Director of Public Works to the Mayor and City Council with a recommendation that a contract for work be awarded to the above named Contractor who was the lowest reliable and responsible bidder therefore , and WHEREAS , pursuant to said recommendation the Contract has been awarded to the above name Contractor by the Mayor and City Council and said Contractor is now willing and able to perform all of said work in accordance with said advertisement and his proposal. NOW THEREFORE , in consideration of the compensation to be paid the Contract , the mutual agreements hereinafter conta ined : A. Contract Documents : It is agreed by the part ies hereto that the follow ing list of instru ments , d rawings and documents wh ich are attached or incorporated by reference constitute and sh all be refe rred to either as the Cont ract Do c um e nts o r the Contract and all of said instruments , drawings , and documents taken together as a whole constitute the Contract between the parties hereto and they are as fully a part of this agreement as if they were set out verbatim and in full : Invitation for Bid General Cond it io ns and Minimum Specif icat ions Bid Docum e nts submi tted by CRW, Inc. on A ugust 9, 200 7 Proposal for Fox St. Sub-Station submitted by CRW dated A ugust 22, 2007 Contract (this inst rument} Special Provisions Insurance B. Scope of Work: The Contractor agrees to and shall furnish all labor, tools, supplies , equipment, materials and everything necessary for and required to do, perform and complete all the work described , drawn , set forth , shown and included in said Contract Documents . C. Terms of Performance : The Contractor agrees to undertake the performance of the work under this Contract within ten (10) days from being notified to commence work by the Director of Public Works and agrees to fully complete said work shall be completed within 60 days of Notice of Award, plus such extension or extensions of time as may be granted by the Director of Public Works in accordance with the provisions of the Contract Documents and Specifications . D. Indemnification : The City cannot and by this Agreement/Contract does not agree to indemnify, hold harmless, exonerate or assume the defense of the Contractor or any other person or entity, for any purpose . The Contractor shall defend , indemnify and save harmless the City , its officers , agents and employees from any and all claims , demands , suits , actions or proceedings of any kind or nature including Worker's Compensation claims , in any way resulting from or arising out of this Agreement/contract: provided , however, that the Contractor need not indemnify or save harmless the City , its officers , agents and employees from damages resulting from the sole negligence of the City's officers , agents and Employees . E. Termination of Award for Convenience : The City may terminate the award at any time by giving written notice to the Contractor of such termination and specifying the effective date of such terminat ion , at least thirty (30) days before the effective date of such term inat ion . In that event all fin ished or unfin ished service , reports , material (s) prepared or furnished by the Contractor after the award shall , at the option of the City , become its property. If the award is terminated by the City as provided herein , the Contractor will be paid that amount which bears the same ratio to the total compensation as the serv ices actually performed or material furnished bear to the total services/materials the Contractor covered by the awa rd , less payments of compensation previously made . If the award is terminated due to the fault of the Contractor, the clause relating to term ination of the award for cause shall apply . F. Term inat ion of Award for Cause : If, through any cause , the Contractor shall fail to fulfi ll in a t imely and prope r manner its ob li gations or if the Contracto r shall vi olat e any of t he covenan ts, agreem ents or stipul at ions of th e award , th e City sha ll have th e righ t to terminate the award by giving written notice to the Contractor of such termination and specifying the effective date of termination . In that event, all furnished or unfinished services , at the option of the City , become its property , and the Contractor shall be entitled to receive just, equitable compensation for any satisfactory work documents , prepared completed or materials as furnished . Notwithstanding the above , the Contractor shall not be relieved of the liability to the City for damages sustained by the City by virtue of breach of the award by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set off until such time as the exact amount of damages due the City from the Contractor is determined . G. Terms of Payment: The City agrees to pay the Contractor for the performance of all the work required under this contract , and the Contractor agrees to accept as his full and on ly compensat ion therefore , such sum or sums of money as may be proper i n accordance with the price or prices set forth in the Contractor's proposal attached and made a part hereof, the total estimated cost thereof being sixty-six thousand, seven hundred sixty four dollars and no cents ($87 ,274.00). H. Appropriation of Funds : At present , $87,274.00 has been appropriated for the project. Notwithstanding anything contained in this Agreement to the contrary, in the event no funds or insufficient funds are appropriated and budgeted by the governing body or are otherwise unavailable in any following fiscal period for which appropriations were received without penalty or expense except as to those portions of the Agreement or other amounts for which funds have already been appropriated or are otherwise available . The City shall immediately notify the contractor or its assignee of such occurrence in the event of such termination . I. Contract Binding : It is agreed that this Contract shall be binding on and insure to the benefit of the parties hereto , their heirs , executors , administrators , assigns , and successors . Verification of Compliance with C.R.S . 8-17 .5-101 ET .SEQ . Regarding Illegal Aliens (a) Employees , Contractors and Subcontractors : Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor shall not contract with a subcontractor that (i) know ingly employs or contracts with an illegal alien to perform work under this Contract or (ii) fails to certify to the Contractor that the subcontractor will not knowingly employ or contract with an illegal alien to perform work under this Con t ract. [CRS 8-17 .5-102(2)(a)(I) & (II}.] (b) Verification : Contractor has verified or attempted to verify through participation in the "basic pilot pro~ram " (authorized by P.L.204 of 104 1h Congress and amended by P .L.156 of 108h Congress) that Contractor does not employ any illegal aliens . And , if not accepted into the "basic pilot program " prior to entering into this Contract , Contractor further verifies , Contractor will apply to participate in the "basic pilot prog ram " every three months until Contractor is accepted or this Contract is completed , whichever is earl ier. [CRS 8-17 .5- 102(2)(b)(I).] (c) Lim itat ion regard ing the "Bas ic Pilot Program : Cont racto r shall not use basic pilo t program procedures to undertake pre-emplo yment scree nin g of j ob applicants while performing this Contract. [CRS 8-17 .5-102(2)(b)(II).] (d) Duty to Terminate a Subcontract: If Contractor obtains actual knowledge that a subcontractor performing work under this Contract know ingly employs or contracts with an illegal alien , the Contractor shall ; (1) Notify the su bcontractor and t he City wit hin three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien ; and (2) Terminate the subcontract with the subcontractor if, within three days of receiving not ice that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien , the subcontractor does not stop employing or contract in g with the illegal al ien . [CRS 8-17 .5-102(2)(b)(lll)(A} & (B).] (3) Exception : If the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien and the subcontractor stops employing or contracting with the illegal alien. (e) Duty to Comply with State Investigation : Contractor shall comply with any reasonable request of the Colorado Department of Labor and Employment made in the course of an investigation pursuant to C.R.S . 8-17 .5-102 (5). [CRS 8-17.5- 102(2)(b)(IV).] (f) Damages for Breach of Contract: The City may terminate this contract for a breach of contract, in whole or in part, due to Contractor's breach of any section of this paragraph . Contractor shall be liable for actual and consequential damages to the City in addition to any other legal or equitable remedy the City may be entitled to for a breach of this Contract . IN WITNESS WHEREOF , the parties have caused these presents to be signed personally or by their duly authorized officers or agents and their seals affixed and duly attested the day and year first above written . This Contract is executed in 4 counterparts . CRW, Inc . Contractor by~~~~~~~~~~~~~ Party of the Second Part ATIEST: Secretary CITY OF ENGLEWOOD by~~~~~~~~~~~~~ Director of Public Works Party of the First Part ATIEST: C ity C lerk COUNCIL COMMUNICATION Date: Agenda Item: Subject: September 4, 2007 11 a i Case ZON2007-003 Base Rezoning: Lots 5 -16, Block 4, Higgins South Broadway Heights Initiated By: Staff Source: Craig Hospital, 3425 South Clarkson Street, Englewood, Tricia Langon, Senior Planner Colorado 80113 COUNCIL GOAL AND PREVIOUS COUNCIL ACTION There has been no previous Council action concerning this matter. PREVIOUS PLANNING COMMISSION ACTION The Planning and Zoning Commission considered an application by Craig Hospital to rezone Lots 5-16, Block 4, Higgins South Broadway Heights at a Public Hearing on August 7, 2007. The Commission considered public testimony from interested parties and voted 7 to O to forward the rezoning request to City Council with a recommendation for approval. RECOMMENDED ACTION Staff recommends that Council approve on first reading this Bill for an Ordinance regarding the proposed rezoning of Lots 5-16, Block 4, Higgins South Broadway Heights. Staff also requests that Council set October 1, 2007 as the date for Public Hearing to consider testimony on the proposed rezoning. REZONING PROCEDURE All rezonings are subject to requirements of 16-2-7 : Official Zoning Map Amendments (Rezonings) of the Englewood Municipal Code (Englewood Municipal Code). A Base Rezoning reassigns a parcel 's zoning classification by replacing the existing zone classification with an already established zone classification identified in Table 16-3-1 .1: Base Zoning Districts . BACKGROUND The subject parcel is composed of four (4) adjoining properties that each contained a single-unit residence until their purchase by Craig Hospital in 2004. The houses were demolished due to their uninhabitable condition. The 0 .93 acre parcel is currently vacant and the grass landscape is maintained by Craig Hospital. located on the east side of the 3500 block of South Clarkson Street, the subject parcel is one block south of the Craig Hospital main campus. - The subject parcel was annexed into the City in 1946 and was originally zoned for single-unit residential use. The parcel was part of an area-wide rezoning in 1963 to R-3-A, Multi-Family Residence District and in 1975 to R-3: High Density Residence District. In 2004, with the adoption of the Unified Development Code (UDC), the R-3 district was renamed MU-R-3-B and the district's high density designation was retained . The adjoining vacant property to the north, which is also owned by Craig Hospital, is zoned MU-B- 2: General Arterial Business Zone District, and is part of the East Hampden Avenue commercial corridor. The surrounding properties to the south, east, and west are zoned MU-R-3-8. Specifically the adjoining property to the south is vacant; adjacent properties on the west side of South Clarkson Street include commercial, multi-unit residential, and office uses; adjacent properties to the east, across the alley from the subject parcel, include single-unit and two-unit residential uses, commercial use and vacant land. FINANCIAL IMPACT Though the rezoning creates opportunities for redevelopment of the site, no direct financial impacts are identified. LIST OF ATIACHMENTS Staff Report: August 7, 2007. Planning and Zoning Commission Findings of Fact Bill for Ordinance 2 ( i, C T y 0 F ENGLEWOOD COMMUNITY DEVELOPMENT TO: Planning and Zoning Commission THRU: FROM: Harold Stitt, Acting Director, Community Development Department cf)- Tricia Langon, Senior Planne!:,..-(';' I 1...--- DATE: August 7, 2007 SUBJECT: Case ZON2007-003 · Public Hearing Base Rezoning Request: 3520, 3530, 3546 and 3556 South Clarkson Street APPLICANT and PROPERTY OWNER: Craig Hospital 3425 South Clarkson Street Englewood, Colorado 80113 PROPERTY ADDRESSES: 3520, 3530, 3546 and 3556 South Clarkson Street PROPERTY IDENTIFICATIONS: 2077-02-2-07-03, 2077-02-2-07-04, 2077-02-2-07-05, and 2077-02-2-07-06 LEGAL DESCRIPTIONS (all properties): Lots 5 -16, Block 4, Higgins South Broad way CURRENT ZONE DISTRICT: MU-R-3-B: Mixed-Use Residential/Limited Office-Retail District. REQUEST : The applicant has submitted a request for a Base Rezoning in order to rezone a parcel of land, .93 acres in area , from MU-R-3-B: Mixed-Use Residential/Limited Office-Retail District to MU-B-2 : General Arterial Business Zone District. RECOMMENDATION : Th e Department of Community Deve lopment recommends that the proposed Ba se Re z oning be approved and forwarded to Ci t y Council with a recommendation for approval. 1000 En gl wood Par ay PHONE 303 ·762 ·2342 FAX 303 ·783 ·6895 REZONING PROCEDURE: All rezonings are subject to requirements of 16-2 -7: Official Zoning Map Amendments (Rezonings) of the Englewood Municipal Code (EMC). The Code identifies two types of rezoning procedures : Base Rezoning and Planned Unit Development (PUD). A Base Rezoning reassigns a parcel's zoning classification by replacing the existing zone classification with an already established zone classification identified in Table 7 6-3 -7. 1: Base Zoning Districts. PROPERTY LOCATION AND SURROUNDING LAND USE: The subject parcel is located on the east side of the 3500 block of South Clarkson Street. The .93 acre parcel is composed of four (4) vacant, adjoining properties owned by Craig Hospital. The subject parcel is one block south of the Craig Hospital campus which includes the main hospital, transitional care and family housing facilities . The adjoining vacant property to the north, which is also owned by Craig Hospital, is zoned MU-B-2: General Arterial Business Zone District, and is part of the East Hampden Avenue commercial corridor. The surrounding properties to the south, east, and west are zoned MU-R-3-B. Specifically the adjoining property to the south is vacant; adjacent properties on the west side of South Clarkson Street include commercial , multi-unit residential, and office uses; adjacent properties to the east, across the alley from the subject parcel , include single-unit and two- unit residential uses , commercial use and vacant land (See Attached : Englewood Medical District Small Area Plan Current Land Use Patterns : Sub-area 6). BACKGROUND: The subject parcel is composed of four properties that were annexed into the City by Ordinance No. 2, Series of 1946, and originally zoned for single-unit residential use. They were part of an area-wide rezoning in 1963 to R-3 -A, Multi-Family Residence District; and in 19 75 to R-3 : High Density Residence District. In 2004, with the adoption of the Unified Development Code (U DC), the R-3 district was renamed MU-R-3-B and the district's high density design ation was retained . As a high density district the following uses are allowed : all residential uses allowed in the City, including multi-u nit structures; government and institutional uses ; dependent care center; hospital; and limited office use. Other uses allowed conditionally include : group living facilities (large and small treatment center), surface and structured parking facilities . The subject parcel totals 40,500 square feet in area and contained single-unit residences until their purc hase by Craig Hospital in 2004. The houses were demolished due to their uninhabitable condition . The subject parcel is currently vacant and the grass landscape is maintained by Craig Hospital. NEIGHBORHOOD MEETING SUMMARY: The pre -application neighborhood meeting is an opportunity for the applicant to discuss the zoning change and for area residents and property owners to provide comments at an early tag . Craig Hospital notified property owners within a 500 feet radius of the site of the 2 pending application . A total of 101 letters were mailed. The meeting was held at Craig Hospital on Wednesday, May 9, 2007. Dennis O'Malley, President of the hospital, and representatives of H+L Architecture met with four property owners/neighbors to discuss the rezoning request and Craig Hospital's near-term plans. (See Attached Neighborhood Meeting Summary). CITY REVIEW: The Base Rezoning application was review by the Development Review Team on June 26 , 2007. No departments or agencies represented by the Development Review Team identified any issues or concerns regarding the rezoning application. COMMISSION ROLE IN BASE REZONING: Pursuant to 16-2-1 :B2, "The Commission shall function as the fact-finding hearing agency on all rezoning applications ." Section 16-2-7 provides that for all base district rezonings : a. The Commission shall review the proposed rezoning and the recommendation of City staff, and shall hold a public hearing on the proposed rezoning. Following such hearing, the Commission may make a recomm,.endation to approve, deny, or modify the proposed rezoning . b . The Commission may recommend to the Council that an application for an initial zoning or a rezoning be approved upon condition that the applicant, or the applicant's successors and assigns , obtain approval by the Commission and Council of a site plan or subdivision plat of the subject property either prior to Council action, or within a certain time after Council action. BASE REZONING CRITERIA: As stated above, a Base Rezoning replaces a property's current zone classification with an already established zone classification identified in Table 16 -3 -1. 1. Base District rezonings are subject to Title 16 regulations; the regulations and City response follow : 16-6-7:81 b Minimum Distric t Size A Ba se District rezoning application shall only be considered for properties greater than thirty-seven thousand five hundred (37,500) square feet and contiguous to a compatible zone district. For purposes of this Section, "compatible zone districts" are districts within the same base zoning district headings as identified in Table 16-3-7 . 7. The subject parcel is 40,500 square feet in area. The subject parcel shares a property line with the MU-B-2 zone district to the north. The applicant proposes to rezone the subject parcel to MU-B-2 , the same zoning classification as the contiguous property to the north . Since the rezoned subject parcel and the contiguous MU-B-2 property would have the same zone classification they therefore would be "compatible ". 3 16-2 -7 :H Criteria Rezonings shall be made in the interest of promoting the health, safety, and general welfare of the community, and shall be consistent with the Comprehensive Plan . In addition, the review- or decision-making body shall only recommend approval of, or shall only approve, a proposed rezoning, if it find s that the proposed rezoning meets the criteria listed below: 1. For base district rezonings, the proposed rezoning meets one of the following criteria : a. That there has been a material change in the character of the neighborhood or in the City generally, such that the proposed rezoning would be in the public interest and consistent with the change; or b . That the property to be rezoned was previously zoned in error; or c. That the property cannot be developed, or that no rea sonable economic use of the property can be achieved, under the existing zoning. The basis of the proposed Base Rezoning application is Criteria 1 a: material change in the character of the neighborhood . The subject parcel and surrounding area have had several zoning classifications in the sixty years since being annexed into the City. The zoning has evolved from si ngle-unit residential to multi-unit use and currently to a mixed use district with more intense uses . With this progression the overall character of the surrounding neighborhood has changed; its fabric is no longer homogeneous, but varied and diverse while supporting the surrounding medical community. The proposed rezoning to MU-B -2 is consistent with the neighborhood 's material c hange and promotes the current or mix of uses in the area . Englewood 's health care sector is approximately 15% of the municipal employment base and is expected to continue to grow. The City's economic development strategic plan proposes that "the City of Englewood should explore the prospects for attracting related medical manufacturing and service companies to feed off of the city 's healthcare concentration ." Roadmap Engle w ood: 2 003 Englewood Compreh e n sive Pla n recognize s th at h ealth car e is an anchor of the City's econom y. It al so re c o gni zes th at th e area surrounding C raig Hospita l p rese nts o ppo rtunities for the City and identifies the area as having "high redevelopment potential". Roadmap Englewood states : "The City of Englewood will work together with both Swed ish and Cra ig Medical Centers to develop plans for new improvements to the medical facilities , as well as for the mix of housing and services surrounding the area . The City encourages new bio-medical related businesses that will benefit from a location near the two hospitals . The City also sees a potential for additional businesses that will provide goods and services to hospital employees, patients, and visitors ." 4 Within the past year the City conducted several Medical District Small Area Plan stakeholder meetings to study ways to encourage and accommodate appropriate redevelopment surrounding the nearby hospitals . The Englewood Downtown and Medical District Small Area Plan-2007 labels the subject parcel as being part of Medical Sub-area 6 and identifies South Clarkson Street as being a key entryway to the hospital from US Hwy. 285 . The subject parcel is further identified in the study as a "development opportunity." Broad goals for the Medical District named in the Plan include Goal 3 : "Work closely with Swedish and Craig Hospitals to accommodate facility expansion in a manner that preserves and enhances the quality of life in surrounding neighborhoods." The following Goal 3 objectives support the requested rezoning of the subject parcel: Objective 3-2: Encourage medical facility expansion to include commercial space intended to serve the needs of the medical community, hospital visitors, and neighborhood residents. Objective 3-4: Work with hospitals to develop employee and visitor parking and transportation solutions that protect surrounding residential neighborhoods. More specifically, the goal of Medical Sub-area 6 is to "Promote Sub-area 6 as an area of change" through the following objectives: Objective 6-1 : Encourage the development of new mixed-use medical facilities, offices, multi-unit housing, and small-scale commercial uses. Objective 6-2 : Allow greater development intensity, and encourage mixed - use development throughout the sub-area. Objecti ve 6-3: Explore the potential for revitalizing existing multi-unit buildings . Objective 6-4 : Explore potential parking and transportation management options for accommodating new and existing development. The City recognizes the economic and social welfare value of the hospitals to the community as demonstrated in the goals and objectives of the Comprehensive Plan , Economic Development Strategy and Medical District Small Area Plan . s 3. All rezonings shall meet the following criterion: a. The resulting rezoned property will not have a significant negative impact on those properties surrounding the rezoned area and that the general public health, safety and welfare of the community are protected. The subject parcel and surrounding properties are in an area identified as an area of change. Any redevelopment of the site must meet City regulations and applicable Codes requirements. The City's development review process is designed to protect public health, safety and welfare; therefore significant negative impacts are not anticipated with any rezoning of the site. SUMMARY: The proposed Base Rezoning meets requirements established in Title 16 for minimum district size, contiguity and compatibility, material change in the character of the neighborhood, and protection of public health, safety and welfare. This proposed Base Rezoning will alter the City's Zoning Map and will allow all permitted MU-B-2 land uses on the subject parcel. The rezoning to MU-B-2 could ease parking in the area, allow biomedical research or other facilities necessary for Craig Hospital's continued operation in the City, as well as retail or service uses benefiting the neighborhood, Craig Hospital, and the City. Therefore the proposed rezoning would be in the public interest and consistent with the change that has and continues to occur in the area . The Community Development Department recommends approval of the Base Rezoning application. ATTACHMENTS: Neighborhood Meeting Summary Englewood Medical District Small Area Plan Current Land Use Patterns : Sub-area 6 6 Neighborhood Meeting Proposed Rezoning from MU-R-3-8 to MU-B-2 Pre-Application by Craig Hospital Subject Properties: 3520, 3530, 3546 and 3556 South Clarkson Street Neighborhood Meeting: A pre-application meeting was held on May 9, 2007 at 7:00 pm in the cafeteria classrooms of Craig Hospital at 3425 South Clarkson Street. As required by base zoning regulations , property owners within a 500 feet radius of the area for proposed rezoning were notified by mail. A total of 101 letters were mailed (See attached letter dated April 23 , 2007). Attendees: Four property owners/neighbors attended the meeting hosted by Dennis O 'Malley and Lee Means of Craig Hospital. Anne -Marie Srivastava and Ariel Madlambayan of H+L Architecture also attended . Introduction/Welcome Dennis O'Malley welcomed those in attendance and introduced members of the development team. Mr. O 'Malley identified Craig Hospital as the owner of five v acant propertie s on the east side of the 3500 block of South Clarkson Street. Mr. O 'Mall '"'" provided ba c kground on Craig 's acquisition of the properties . The northern mos lot i. c1 lready zoned MU-B-2 and the request is to rezone the other four lots from MU-R-3-B to MU-B-2 . The short-term purpose would be to construct approximately 80 parking spaces for the Hospital. The parking need is being generated by increased parking demands in the area related to Swedish Medical Center's construction project and that Craig 's current lease for 140 spaces i n the Swedish parking lot at South Emerson Street and East Hampden Avenue expires thi s year . That lease will be renewed for 5 additional years , however onl y 100 spaces will be avai lable for Craig 's use . Adding parking on the Clarkson prop erty wo uld provide 50 -7 0 ex t ra park i ng spa c es for Craig . Mr. O 'Malley stated that in the near-term (5 years) he does not foresee a change in the number of hospital beds at Craig or additional building on the campus . However the purpose of the rezoning at this time is to provide flexibility on the site so that if the need arose the proposed surface parking lot cou ld be quickly converted to a garage structure . The MU-R-3-B regu lat ions all ow su rface lot s as a condi t io nal u se, but prohibit parking garages . Ms . Langon discussed the rezoning process and further opportunities for pub lic comment. A Rezoning Frequently Asked Questions handout was dis t ributed . General discussion ensued regarding Craig Hospital, the proposed surface parking, and other development in the area . No significant issues were identified . PUD ,_ ... __ ry ~ -•-•-JJ Englewood Medical District Small Arec1 Plc1n Current Lc1nd Use Patterns: Sub-c1rec1 6 • Commercia l-Reta il Commercial-Office Commercial-Medical Institutional City of En1l•wood 0 • Res idential-Multi-Family Res idential-S ingle Family • Open Space 3SO 700 CJ Single-Family Rental Properties Zon ing Boundaries • Sub-area Boundary 1,050 e Au1ust 2006 ~------------------- CITY OF ENGLEWOOD COMMUNITY DEVELOPMENT DEPARTMENT 1000 Englewood Parkway Englewood, CO 80110 762-2342/FAX 783-6895 www.ci .englewood.co.us Development Na me : LAND DEVELOPMENT APPLl::ON FORM -~I butt,,,.,. &outy bc:s ~ C&.J--... 35;1.0 1 3530 1 1.s'l-1,, ~ J.s .n Properly Address : Presenl Zoning : legal Descriplion : l""\1.11(, ~ a Acres-Br Exisling Use : &W71/.i!. ¢,e d J/6--u..-.t Ctr>t:S L~ /6 $odt. ( "'~"<aS ~/Irr.~~ I-!~ (auach separate sheel i?necessary)7 (') Application Type : Rezoning : from M \.A R 1> P.. 10 __ ""_..;.u_~;;;...;-z..;;;;... _____ _ Modifica1ion of Planned Uni! Developmenl :l_!Admi11islra1ive 1-1 Formal Dislricl Plan Name : _________________ _ Subdiv ision :1-1 Preliminary Map 1-1 Final Pia! Vacalion of:(_! Easemenl (_! Right-of-way Condilional Use Permit for _________________ _ 01her _________________________ _ Name : ~d·I€> ~st';n,;-- APPLICANT~FORMATIO~ ~~~;ess : si!?~-.&;....~ ~~o~ LC,:¥3 Phone/Fax/E-M£ b4-M-2¥f'¥;· 'A/;~1ii.iJrj;z,µi.,, ?~~IA'., Architect/ Planning Cons~ulta I lnforrnatiqn • Contact Persori Name: __ ll1tt1df'I C Firm : H ~ L 4.r,. · Address : //,,.J./ ll~ .(f, r .... ;k II~ 4,.,&., ~ L'L4k Phone/Fax Number/E-mail ___________________________ _ Engineering Consultant Information Contact Person Name: -~At.,..'4-------------------------- Firm : --------'--------------------------- Address :----------------------------------Phone /Fax/E-mail : ______________________________ _ PROPERTY OWNER INFORMATION: Lisi Leaal name and addre" of all persons and companies who hold an in teres l in lhe herein describe d properly, whelher as owner, ononaagor, lessee, op1ionee, holders of deed(s) of trust, elC . Fo r corporate owners or pannerships, auached separate sh eet if necessary. lndividual(s) /1//,1 Name:----------------Phone : ____________ _ Firm: ----------------------------------- Address :---------------------------------- Co rporation/Partnership Name of Corporatlon/Parlnershi Address/City/State/Zip : State of Reg is tralion : Names of Officers/Parlners ( Please indicate who Tille will be signing any agreements if necessary) CERTIFICATION: I hereby cerlify 1hal, to the best ol my knowtect1e and belief, all onformalion 1upplied with th is applicalion l11rue and accurate and 1ha1 co1111,11 of those perso111 li11ed ~bove. w11hout whose co11sen1 1he requested aclion cannot lawfully be~ ompli1hed, has been 11ran1ed. Addotoon~I permission is hereby aranted 10 1he City of Enalewood s11ff 10 phyMc y 1pec1 the su er 1y and take pho101raph1 as necessary for prep1r1toon of the case -/ / SIGNATURE OF APPLICANT DATE 5L2 I tJ7 Zot,J _.o,,-003 FOR OfflCf USE ONlV C1 .. Number_ r roj1<.1 M1n.1er:_ rro1ec1 En1•1ter --0 11e Subm11 1td. __ Accepled ly· l'llnno,. Commt111011 HIU"'I ---Cny co .. ,col Hone,,. __ H IOROUl'IC•rTon1 l'1"••••all'ORMSl1.elld Ocvclopn,-1 A11plea11un ~"" Jaa....-y I, 11197 June 18, 2007 Community Development Attn : Tricia Langon 1000 Englewood Parkway Englewood, CO 80110 Re : Craig Hospital, Application for Rezoning Dear Community Development, ------· Craig Hospital 3425 S. Clarkson Street Englewood , CO 80113 Craig Hospital requests to rezone their property located at 3500 South Clarkson Street, Lots 1-16, Block 4, Higgins South Broadway. Currently Lots 1-4 are zoned as MU-B-2 and Lots 5-16 are zoned as MU-R-3-B. The desire of Craig Hospital is to have the entire property zoned as MU-B-2. With very little undeveloped land remaining in close proximity to the hospital, this site will be a vital piece of property for potential expansion of Craig Hospital which is a community asset and partner in Englewood. Such prospective needs may entail, but not be limited to , new office space, patient rehabilitation or future off-street parking. In order to meet the criteria set forth by the City of Englewood for base district rezoning, Craig Hospital is stating that there has been some material change to the extent that this property would be better served zoned entirely as MU-B-2. Previously on the site, located along Old Hampden was an auto repair shop; and to the south, multi-family and single-family residential housing . It is a challenge to the community to keep neighborhoods a desirable place to live; unfortunately some of the residences had fallen into disrepair. Through the purchase of the property, Craig has removed all of the structures and addressed the concerns of the neighborhood . Currently all of the lots are vacant. In keeping with the Comprehensive Plan , it would be advantageous to the community and the development of the medical center district in several ways to allow Craig Hospital to rezone the property to B-2. The Medical Center Small Area Plan recognizes that some of the constraints of the area are small sized aging buildings, small lot sizes and excessive parking and landscaping requirements. In the short term, off-street parking would continue Englewood's effo11s to reduce minor collector street congestion and increase safety. In th e lon g term, B -2 is necessary for Craig Ho pita) to d evelop in favor of th e ompre he nsive Plan and Small Arca Pl an by increasing oppo11unity for mix ed-use redevelopment and to promote the development of the Old Hampden corridor. Additional businesses along this corridor will provide service to the hospital and commu nity . Craig Hospital 3425 S . Clarkson Street Englewood , CO 80113 For the reasons outlined above , B-2 zoning will benefit Craig Hospital and the community by allowing development to meet immediate needs and allow for future revitalization to occur in a manner that is outlined and encouraged by the City of Englewood's Comprehensive Plan vision. The general public health, safety and welfare of the community will , as always, be taken into consideration by thoughtful development and implementation and will be protected as described in the City of Englewood guidelines and regulations . Thank you, Craig Hospital ' ~ C) Cl;: C) ~ ·~ " (' l';,---i--1 -,--i--1-,---i--1·-.. ,--r-1 (t. ,--r-·11 I I I I I I I I I I . l -. "· ,. . I . I . I I I I I I I MUlR-2 ~ kj-I I :J I ARElc~~~~~i~~G~R~gJEsT I c I I t>I ' I "' I ... I .. I "' I .. I " I ., I .. I !! I ::: I !:! I ::? I ! I :!! I !! I ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' 2 2 2 ~ 2 2 '2 ~ ~ 2 2 ~ 2 2 2 21 ~ ~I ~ 1 ,,.,,cu I I I I I I\ I I I I I I I I .1 i! ~ rOI.IAID NW CQllNOt 5CC 2. T5S,1'UW I I I I I I r . · I ·~ I -1· · 1 I . . I I I \' ~ _ _J_ _ J _L·:... _J_ _ J_L _ _J_ _ J_L _ _l_ . .:_ j'_· L _ _l_ _J_J .. ~ ii s CL A RKSON _:i' s r (6'0 'R.o.w.) :; =-~ ~;-:J:a.';'-.,~11""---------------------------------------------------------------------- ~ N O ,.TH 0 JS ,0 ID Ill) --------SCA/£: J" = 30' SITE PLAN 3520, 3530, 3546 & 3556 SOUTH CLARKSON STREET H+L 16l1 1Kll l ~T.RHl.Sl lllE 11U , O!t<VER.COIORA OO H<JW2 \'()ICC : Jo,.19;.1191 FM.:S IMU (: JOl .:?C)! M li ARCHITECTURE ~'.'' =~~~~.~::.':: ANDERSO N & HASTINGS , C.E., I N~C UNION TERRACE , SUITE #450 12596 11'EST BAYAUD AVENUE LAKEWOOD , COLORADO 80228 (303)433 -IM88 ·FAX (303)433-0408 e-mail: jvhastincaeahceinc.com '• . -~-':ii; • ·~ . r ......... ~ on , , Higgins -South Broadway -lllllllll!llliii~~~ .... --Swedish Hospital irc,rking Garage .,,. . . . .. E. Hampden Ave. rcial +-' V) C 0 +-' +-' 0, V) C ... .J::. ~ VI Cl) ~ a. . . V, V) . V) a.. ro ~ ~ +-' C u ·-> ~ +-' ~ (1) a.. 0 ~ CL C 0 V, ~ ~ ro u ..c +-' ~ 0 l/) ro +-' Q. V, 0 I CJ') ro ~ u ( CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION IN THE MATTER OF CASE #ZON2007-003 FINDINGS OF FACT, CONCLUSIONS AND RECOMMENDATIONS FOR A BASE REZONING REQUEST FOR 3520, 3530, 3546 AND 3556 SOUTH CLARKSON STREET INITIATED BY: Craig Hospital 3425 South Clarkson Street Englewood, Colorado 80113 ) ) ) FINDINGS OF FACT AND ) CONCLUSIONS OF THE ) CITY PLANNING AND ) ZONING COMMISSION ) ) ) ) ) ) ) Commission Members Present: Brick, Diekmeier, Knoth, Krieger, Roth, Welker, Calender Commission Members Absent: Bleile, Fish This matter was heard before the City Planning and Zoning Commission on August 7, 200 7, in the City Council Chambers of the Englewood Civic Center. Testimony was received from Staff and from the applicant. The Commission received notice of Public Hearing, Certification of Posting, Staff Report and supplemental information from Staff, which were incorporated into and made a part of the record of the Public Hearing. After considering statements of the witnesses, and reviewing the pertinent documents, the members of the City Planning and Zoning Commission made the following Findings and Con cl usi on s. FINDINGS OF FACT 1. TH AT the request for a Base Rezoning Request was filed by Craig Hospital. 2. THAT Public Notice of the Public Hearing was given by publication in the Englewood Herald on July 20, 2007. 3. THAT the property was posted as required, said posting setting forth the date, time, and place of the Public Hearing. 4. THAT Senior Planner Langon testified the request is for a Base Rezoning of Lots 5 - 16, Block 4, Higgins South Broadway Heights Subdivision , known as 3520, 3530, 3546 and 3556 South Clarkson Street. Ms. Langon testified to the criteria the Commission must consider when reviewing a Base Rezoning application. Ms. Langon further testified that Staff recommends approval of the Base Rezoning. 5. THAT testimony was received from the applicant, Craig Hospital. 6. THAT the request meets the criteria: 1) for minimum district size, 2) is contiguous to a compatible zone district, and 3) the area has been identified as an area of change. 7. THAT this type of change is what the Commission has identified in both the Comprehensive Plan and the Small Area Plan. 8. THAT the Commission would encourage the medical center to expand to the south rather than the north. CONCLUSIONS 1. THAT the appli ca tion was filed by Craig Hospital seeking approval for a Base Rezoning Reque st. 2. THAT proper notification of the date, time, and place of the Public Hearing was given by publication in the official City newspaper, and by posting of the property for the required length of time. 3. THAT all testimony recei ved from staff members and applicant has been made part of the record of the Public Hearing. 4. THAT th e requ es t mee t s th e criteria for a Bas e Rezoning Request. 5. THAT the Base Rezoning is consistent with both the Comprehensive Plan and the Small Area Plan . 6 . THAT the expansion is to the south of the current medical center. DECISION THEREFORE , it is the decision of the City Planning and Zoning Commission that the application filed by Craig Hospital for a Base Rezoning Request be recommended to City Council for approval. 2 ( The decision was reached upon a vote on a motion made at the meeting of the City Planning and Zoning Commission on August 7, 2007, by Mr. Welker, seconded by Mr. Knoth, which motion states: Mr. Welker moved: Mr. Knoth seconded: CASE #ZON2007-003 , BASE REZONING REQUEST: 3520, 3530, 3546 AND 3556 SOUTH CLARKSON, BE RECOMMENDED FOR APPROVAL TO CITY COUNCIL WITH A FAVORABLE RECOMMENDATION FOR ADOPTION. AYES: NAYS : Brick, Calonder, Diekmeier, Knoth, Krieger, Roth , Welker None ABSTAIN: None ABSENT: Bleile, Fish The motion carried. These Findings and Conclusions are effective as of the meeting on August 7, 2007. BY ORDER OF THE CITY PLANNING & ZONING COMMISSION 3 --~~~-- • u~, ORDINANCE NO. SERIES OF 2007 BY AUTHORITY COUNCIL BILL NO. 51 INTRODUCED BY COUNCIL MEMBER~~~~~- ABILLFOR AN ORDINANCE APPROVING THE REZONING OF LOTS 5 THROUGH 16, BLOCK 4, HIGGINS SOUTH BROADWAY HEIGHTS WHICH IS LOCATED IN THE 3500 BLOCK OF SOUTH CLARKSON STREET FROM MU-R-3-B : MIXED-USE RESIDENTIAL/LIMITED OFFICE-RETAIL DISTRICT TO MU-B-2: GENERAL ARTERIAL BUSINESS ZONE DISTRICT. WHEREAS, Craig Hospital submitted a Base Rezoning Request in order to rezone a parcel of land, .93 acres in area, from MU-R-3-B: Mixed-Use Residential/Limited Office-Retail District to MU-B-2: General Arterial Business Zone District; and WHEREAS, the subject parcel is composed of four (4) adjoining properties that each contained a single-unit residence until their purchase by Craig Hospital in 2004; and WHEREAS, the adjoining vacant property to the north, which is also owned by Craig Hospital, is zoned MU-B-2: General Arterial Business Zone District and is part of the East Hampden Avenue commercial corridor; and WHEREAS, the rezoning creates opportunities for redev elopment of the entire site; and WHEREAS, the base rezoning is consistent with both the City's Comprehensive Plan and the Small Area Plan; and WHEREAS, the Englewood Planning and Zoning Commission held a Public Hearing August 7, 2 007 , revi ewed and recommended the rezoning ofthis property to the Englewood City Council; NOW , THEREFORE, BE IT ORDAINED BY THE CITY C OUNCIL OF THE CITY OF ENGLEWOOD, C OLORADO, AS FOLLOWS : Section l . The City Council of the City of Englewood, Colorado finds that: A. There has been a material change in the character of the neighborhood such that this rezoning will be in the public interest and will be consistent with the change; and B . This rezoning will not have a significant negative impact on surrounding properties and will not harm the general public health, safety and welfare of the community. Section 2. The rezoning of Lots 5 -16, Block 4, Higgins South Broadway Heights; also known by street addresses of 3520, 3530, 3546 and 3556 South Clarkson Street, to MU-B-2: General Arterial Business Zone District, Englewood, Colorado is hereby approved by the Englewood City Council. Introduced, read in full , and passed on first reading on the 4* day of September, 2007 . Published as a Bill for an Ordinance on the 71J1 day of September, 2007 . Olga Wolosyn, Mayor ATIEST: Loucrishia A . Ellis, City Clerk I, Loucrishia A . Ellis , City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full , and passed on first reading on the 4th day of September, 2007. Loucrishia A . Ellis ORDINANCE NO. SERIES OF 2007 BY AUTHORITY COUNCIL BILL NO . 45 INTRODUCED BY COUNCIL MEMBER WOODWARD AN ORDINANCE REPEALING TITLE 8, CHAPTER 2(F) -ENTITLED "THE ABATEMENT OF DANGEROUS BUILDINGS CODE" AND TITLE 9 , CHAPTERS 1 THROUGH 4 -ENTITLED "HOUSING REGULATIONS " OF THE ENGLEWOOD MUNlCIP AL CODE 2000, AND REENACTING A NEW TITLE 8, CHAPTER 2(F), ENTITLED "INTERNATIONAL PROPERTY MAINTENANCE CODE 2006" FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City has used the Englewood Municipal Code Title 9 Housing Regulations as a residential property maintenance code since 1985 and is updated periodically to keep pace with changing technology; and WHEREAS , the International Property Maintenance Code 2006 has been thoroughly reviewed by the Englewood Building Safety Department and recommends adoption of this International Property Maintenance subject to certain exceptions, modifications and amendments; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado , hereby repeals Title 8, Chapter 2F, of the Englewood Municipal Code 2000 , in its entirety. Section 2 . The City Council of the City of Englewood, Colorado, hereby repeals Title 9, Chapters 1 through 4 , of the Englewood Municipal Code 2000 . Section 3 . The City Council of the City of Englewood, Colorado, hereby reenacts a new Title 8, Chapter 2F, entitled "International Property Maintenance Code 2006" of the Eng lewood Municipal Code 2000, to read as follows: JIJLE8 CQAPTER2f PROPERJX MAINTENANCE copE 8-2f-J: copE ADOPTED : -1- 11 bi 8-lf-2; SPECIFIC MOQlfICAJIONs I9 AQQPJEP copE: . d · fi · ns and amendments are hereby made in the The following speqfic c~anges, mo 1 ~1 ~ Code 2006, hereinabove adopted ; provisions of the Intemat10nal Property _amtenance ~- ~- ,l. ~- ~- y. CHAPTER 1 ADMINISTRAJlQN 101.1 Title. <Shall be amended to read} These regulations shall be known as the Prop:!1X Maint~nance Code of the City of Englewood, hereinafter referred to as this code . 102.3 Application of other _ codes <Shall be amended to J:fcuoancy, shall Repairs,. additions or a!t~rati~ns to ~:e~t:ci ~~~:?;:: of the Internacional be done m accordance »;Jth ti; PT~as Code International Mechanical Code Building Code Internatwna_ue and the ICC Electrical Code. 103.1 General, <Shall be amended t9 read} h ode The executive official in charge of th1s Code shall be known as t e c official. 103.5 fees, /Deleted in its tmtirety Substitute the [ol{f>wing> I . Property Maintenance Code Fees shall be set by Council Reso ut10n. v-1 ti P aJties, C§haJI he amended to read} . · 106.4 . !9\1 RPCP . . f this Title shall be deemed to be a v10latton of The xw 1~u 0 1u 0Jany pro y~s~~~ ~rson guilty ofa violation, in additi 0!1 to a Murucma . 0Lipance an _ ---. ed . tained herem, may subjecting WJP?eltto Jue~ ~th!rcfo':1~f;h~r c[tv;~ssh~llbe subject to those he prosecuted m t_e -:-umcma · ed ti violation of this Code fines and other pena~t~es as may b~ unposor ~ Englewood Municipal Code . pursuant to the proviswns of ~ect 19n 1 ;;4 -I of thi_s served shall be Ea ch day that a vi olat10n co ntm ues aft er due notice ha s been deem ed a sep ara te offen se. 101,2 form. <Sha{[ ke ~mended to re~d} · in Section 101.1 sh all be Notice to person respons1ble. Such _oouce prescnbed ·- in accordance with an of the followmg: ' ,l Be in writing . Include a description of the real estate sufficient for identification. Include a statcmept of the violation or violations and why the notice is being issued. Include a correction order allowin g _a rcaso~hle time but in n:!f :' more than 30 days 1° IDME the repflcs and imp.royegpspts rogUJ~ · · brin g the dwelling unit or structw;c into comphapcc WJtb the proV1s1ons of this code . -2- t l, Ii- ~-Infonn the property owner of th · h -__ e ng _t to appeal. Include a statement of the right to file l' . .1.M ..• 1. a ien 10 accordance with Section Any occumed structure cond ed e amended to read} emn and placarded b h 108 5 p h'h' d .ro~ute occupancy. <Shall v~cat~d as ordered by the code official Sucy t e code official shall be d1rectmg vacation and shall provide no.t mo: placard shall be deemed an order of sue~ placarding for the vacation of such d~har_i ten (1 O} days from the date stated 1~ th~ order as in the judgment of th ~lli_ng urut ~~ss a lesser time is proper m view of the facts of the . tu . e bmldmg official is reasonable and h h st att0n and ha d . I w o s an occupy a placarded _zaL myo ved. Any person d orenuses or shall 1 an any owner or any person respon . operat~ P acarded equipment, occupy a placarded premises, or ope~~~~ep~or the prenu~es who shall let anyone plac~rd from the premises or equip acarded_ egumment. or remove such provided by this Code. ment, shall be hable for the penalties Section 111 Means of Appeal <Deleted . . . following) Refer to 8-1-7 EMC fi . m its entirety Substitute the or reqmrements of this section. CHAPTER 2 DEFINITIONS 1 Section 202 General Definitions CA following definition to be ins erted . mended ?Y the addition of the follo ws·> m alphabetical order to read as FAMILY/ HOUSEHOLD o < marriage. adoption, or legal @ir<ti;2 o~ W?re pe~sons related by blood. ·~~ether in a dwelling unit: or two <2}hm. mcludmg foster children living hvmg together in a dwelling unit. unrelated persons and their children CHAPTER 3 GENERAi --1 REQUIREMENTS 1 Section 302 E-1:t • p ----eaorroperty Areas. 302 .4 Weeds. <Deleted in its entirety } 302 ,8 Motor ve hicle s. <D I d ________ep(L in its entirety) ------· <Deleted in it£ entirgrv} 302 •9 Defacement of propertv. eoortructure CSb all be amended ce read}. 5ecU0n 3Qf -Ed · s 364114 In sect sc;reens Evexv doo · d · ed ------__ r. wm ow and oth · d regµ_l[ for yentjlation of habitable Lee 0 ~ 1s1 e openin g secy1ce areas of any areas wh pd ooms. f~ preparation areas . food food for human consum ption: ~roc'!ts to be mcluded or utilized in stored shall he suoolied w · th ~ed . manufactw;cd, packaged or ----··--'-approved tJghtlv fitt' --JbA~ 16 mesh per inch , 16 mesh pg 25 mm}mg screens of not less for mscct control shall have a self. 1 · d' 11:94 ~ccy screen door used ·· -----· -s.osmg _ c»cc w good condition, -3- - ):!. L ~- J. Exception: Screens shall not be required where other APPCAY;d means, such as air curtains or insect repellent (ON, ac, c;mploygl, Section 307 Rubbish And Garh11c (Shqll he UU/6''14+·4 1e 1wd) 301.1 Accumulation °1 ruhhl•h ec 11ch11c (14·4·N4 '" lo f'fCin:o > 307.3.1 Garbage Jacilitl,a cs11911 kf qnww4;d tu a:e4> Jbs owner of every dwelling shall supply one of sbc fo!Jowin1 ; an appcgyed mechanical food waste grinder io each dwcmn» w1i1: or an approved Jeakproof. covered. outsjde garbaw; contaiost, CHAPTER 1 LJGQJ, Yt;NJJb4JIQN ANQ occuPANCX LIMITATIONS . 404.5 Overcrowding. CS.hall be tkh·1,·d it/ ita ,·tU{ffl\' gnd rmlqced with:) Dwelling units shaH not be occupied In' minimum area requirements of Table 4 SPACE .. t ( 404,$,2 Combined spaces. Combined living room and dining room spaces shall comply with the requirements of Table 404.5 if the total area is equal to that required for separate rooms and if the space is located so as to function as a co mbination ljving room/dining room. Chapter§ MECHANICAL AND ELECTRICAL REQUIREMENTS 602.3 Heat supply Every owner and operator of any building who rents, leases or Jets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the ogcupan~s thereof shall supply heat to maintain a temperature of not Jess than 68 F <20 C) in all habitable rooms, bathrooms, and toilet rooms. Exceptions: L When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required pro vided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be as indicated in Appendix D of the International Plumbing Code . ~ In areas where the averag e monthly temperature is above 30° F < -1 ° C) a minimum temperature of 65 ° F < 18 ° C) shall be maintained . 602.4 Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat to maintain a temperature of not less than 65 ° F O 8° C) during the period the spaces are occupied . Exceptions : 1-Processing. storage and operatio n are as that require cooling or special temp eratu re con djtjons . ~-Are as in which perso ns are primarjly en gaged in vi gorous physical ac tivi ties . Section 4 . Safety Clauses . The City Council hereby finds , detennines, and decla res that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health , safety, and welfare of the public , and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare . The City Council further detennines that the Ordinance bears a rationa l relation to the proper legislative object sought to be obtained . Section 5 . Severability . If any clau e, sentence, paragraph, or part of thi Ordinance or the application thereof to any per on or circumstance shall for any reason be adjudged b a c urt of competent juri diction invalid, uch judgment hall not affect, impair or invalidate the remainder of thi Ordinance or it application to other per on or circum tan e . -5- Section 6. Inconsistent Ordinances. All other Ordinances, or portions thereof, inconsistent or conflicting with this Ordinance, or any portion hereof, are hereby repealed to the extent of such inconsistency or conflict. Section 7. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions . Section 8. Penalty. The Penalty Provision of E.M.C. Section 1-4-1 shall apply to each and every violation of this Ordinance. Introduced, read in full , and passed on first reading on the 20th day of August 2007. Published as a Bill for an Ordinance on the 24th day of August, 2007. Read by title and passed on final reading on the 4th day of September, 2007. Published by title as Ordinance No ._, Series of 2007, on the 7th day of September, 2007. Olga Wolosyn, Mayor ATIEST: Loucrishia A. Ellis , City C lerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and publi shed by title a s Ordinance No ._, Series of 200 7 . Loucrishia A. Ellis ,, ',