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HomeMy WebLinkAbout2004-09-07 (Regular) Meeting Agenda Packet-- ' ·. , .. . ,· .. , • ':; ·. , . ·• • • .,. . ; ... ... .. . ' ·i .... :.: . .. . . . . .. .· .. .,_ t •• ·· .•• :· .• ~ -' ......... ·\.• '-· J. . . .. . -· Regular City Council Meeting September 7, 2004 Ordinance 0~52, 53, 54, 55, 56, 57, 58, 59 Resolution # 86, 87, 88, 89, 90, 91, 92, 93, 94, 95 ) .. l i . . - :-... . -~ .... : ... · . . . . . . . • . . .. .. . . • J . \, • .• . . •• • . • ·"· ·., ' • • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COWRADO Regular Session September 7, 20CM I. CaUtoOrder The regular meeting of the Englewood City Council was called to order by Mayor Garren at 7:35 p.m. 2 . Invocation The invocation was given by Council Member Barrentine. 3 . Pledge of Allegiance The Pledge of Allegiance was led by Mayor Garren. 4 . RoUCall Present: Absent : A quorum was present. Also present: Council Members Tomasso, Moore, Barrentine, Garrett, Bradshaw, Wolosyn, Woodward None City Manager Sears City Attorney Brotzman Assistant City Manager Aaherty City Clerk Ellis Director Olson, Safety Services Engineer IV Henderson, Public Works Engineer II Nimmo, Public Wor~ Traffic Engineer Vostry, Public Works Director Black, Parks and Recreation Golf Operations Manager Spada Senior Planner Langon Director Simpson, Community Development 5. Consideration of Minutes of Previous Session (a) COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF AUGUST 16, 2004. Mayor Garren asked if there were any comments, corrections or questions. There were none . Vote results: Ayes : Nays: Moti o n carried . Council Members Barrentine, Moore, Bradshaw. Garrett. Wolosyn. Woodward , Tomasso None 6 . Recognition of Scheduled Public Comment (al Becky Hammer. 5075 South Huron Street, said thanks for listening. My husband and I bought our fir t home here in Englewood in 1999 and that is our current residence. We choie Englewood for many reasons that t .. • • Englewood City Council September 7, 2004 Page 2 ... • • 0 I actually won't get into. but the problem that we are facing came up just recently . Two weeks ago, there was a wonderful . ni ce lady named Nancy out in front of my house taking pictures of the concrete. So, I asked her what she was doing. She sai d you opted out of our Concrete Program . I said ... what are you talking about, I never heard of thi s Concrete Program. So, she began to tell me that the previous owner had opted out of this Concrete Program that has been in effect, I think. since 1997. We had no choice in opting in to the program to begin with and so that is where I have issues. I called a very fabulous man named Larry, here at the City, and I don't know if he is here tonight, but I would like to meet him . He was wonderful and he said to me that basically it was our Title Company's responsibility to present us with these documents during our closing. And, I can tell you , had they been presented, we would have opted into the program. No documents were ever presented, so I went back to my Title Company and actually did get a copy of the Title, which states that the previous owner had signed this document, but our signature is not on it. I have that if you want to see it . Also, I have our policy that states very vaguely this particular program. I would like for you to look at it , because the wording certainly doesn 't say specifically the Concrete Program in the City of Englewood. Ms. Hammer gave the document to the City Clerk. She pointed out that item number 4 is as an exception, which means our Title Company is not responsible for this issue. So part of that bothers me and also what we are responsible for, even when we opt in to this Program, which we are at this point. Larry sent me these documents , but we are responsible for paying for his opting out and the years that we didn't even live in the home. I can tell you that that doesn't sit well with me either, because my husband and I rented, up until the time that we purchased this house and we never paid water or concrete or utilities ... we only paid electric. So I can tell you that there is a hole or a naw in this situation. The other thing Larry said is that we are responsible for the payment in full. I can tell yo u, as a mother of two children and a stay-at-home mom, that we don't have that kind of money. I can 't just write the City a check to cover this cost. I asked Larry how we could handle this and he said you have to pay in full or we don 't do the work . I said , what happens if we choose not to do that. He said well then v.e will put a lien on your home . So that is a little wacky for me too. So, at this point, we owe the City $508.28. That includes the years that we didn't live there. Rightfully so, we should pay for the few years that we ha ve lived there , to opt into the program, but we should not have to pay for a young man's error in opting out. I am asking you to review these documents before we settle this, because I think it is wrong. I think there arc naws in the system. The other thing that bothers me is that two years ago the City was out inspecting and why didn't the City send us a letter then, saying ... oh by the way we have this program? The other thing that bothers me is the day that I called the City to transfer over our utilities, the City person didn't say ... oh by the way we have this program, would you like to opt into it? So , I think everyone's hands seem to be tied in this situation. What I am asking you to do is untie those hands and to fix this problem . We are citizens that participate in the community. In fact, many of you have come to my house for dinner for Neighborhood Night. I am asking, rightfully so, that you look at this and what we have to pay to correct it. I am not asking you to delete our bill, because my husband and I think it is right that we pay at least for the years that we started living in the home ... not anything before that. And so, I don't know if you need thi s letter from Larry. but I could give you a copy of that letter . I can give you the non-participation agreement and I can even give yo u a copy of my settlement sheet, because I did my research and there is nothing even on my se ttl e me nt sheet that talks about thi s Concrete Program. I would also like for you to look at a payment plan, because we live in a sectio n of Englewood with a huge lot and I can tell you that our water bill was outrageous thi s year. I even called the Ci ty on that and she said you 've saved a lot of water ... so we are participating in that . But by December I " we mu st pay the City seven hundred and some dollars . That is a lot of money for a family of four livi ng here in E nglewood . So, if you could help by untying all these hands to correct this problem, I would be very appreciative . I am sure that every other new home owner in my circumstance, that has no idea about this Concrete Program, would feel the same. I can a lso just say in closing that you might say ... well if we do this for her we are goi ng to have to do it for everyone ebc . I would say to you, maybe so ... but maybe everyone else needs to stand before yo u like I have done , to give you our papers and to show you we had no idea about thi s Program. Thanks for listening and do yo u need a ny ot her papers? Mayor Garrett said in general we do not get into a dialogue at thi s point, but I have been informed by the City Manager that the staff is recommending that we will take thi s up at an upcoming Study Session to disc uss. Make ,urc that we have all your contact information so you will know when we arc talking about it. Ms . Hammer said o kay and do yo u want thi s letter from Mr. Nimmo? Mr . Garrett said I don 't think we need that copy. because we can get a copy from him . Counci l Member Moore said can we get a copy of thi s Title Company paperwork later? Reading it now and trying to memorize it fo r a later S tud y Session is not going to be helpful. ' ... .. • • Enclewoocl City Council September 7, 2004 Pqe3 !Clerk's note : The Title Company paperwork Ms. Hammer submitted was the original document.] Mayor Garrett said we don't like to take original documcn!s. He asked Ms. Hammer to provide the City Clerk with a copy of the document. The City Clerk will distribute the copy to us before we have our Study Session. Ms. Hammer said okay and thank you very much . Council Member Bradshaw said do you know what Study Session this is going to be on? Mayor Garrett said not yet. we haven't looked at the schedule. This just came up a second ago. We will notify her. Ms. Bradshaw said okay. There were no unscheduled visitors. 8. Communications, Prodanatlo111 and Appointments (a) A letter from James Woodward indicating his resignation from the Englewood Urban Renewal Authority was considered. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO ACCEPT THE RF.SIGNATION OF JAMES WOODWARD FROM THE ENGLEWOOD UUAN RENEWAL AUTHORITY. Motion carried. Ayes : Council Members Barrentine, Moore. Bradshaw, Garrett, Wolosyn, Woodward, Tomasso Nays: None Mayor Garrett said one thing that we will need to decide is whether we want to fill that position now or wait wilil the next regularly scheduled January SC5Sion, which is sort of what we normally do. It was stated that there is an alternate mcmbcr ... Laura Rogers. Council Member Bradshaw said can we pt a lcctcr out to her? Mayor Garrett asked if Council had to take any official action. City Attorney Broczman said we will bring a resolution forward at the next meeting. (b) A proclamation declaring the week of September 17-23 u National Constitution Week wu cons idered. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DECLARING THE WEEK OF SEPTEMBER 17-23 AS NATIONAL CONSTJnJTION WEEK. Aye s : Council Members Barrentine, Moore, Bradshaw, Gmeu. Wolosyn. Woodward. Tomasso Nays: None Mo ti o n carried . 9. ConwntAsenda (a) Approval o f Ordinances on First Readma There were no additio nal items submitted for approval on first readin,. (See A,enda Item 11 -Rea* Aleflda.) COUNCIL MEMBER BRAOSHA W MOVED, AND IT WAS SECONDED, TO APPROVE COPi5ENT AGENDA ITEMS 9 (b) (I)· ORDINANCE NO. 51, SERIES OF JIN. t .. • • Englewood City Council September 7, 2004 Page4 (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO . 51, SERIES OF 2004 (COUNCIL BILL NO . 50, INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AUTHORIZING ACCEPTANCE OF A GRANT FROM THE STATE OF COLORADO, ECONOMIC DEVELOPMENT COMMISSION FOR MARKETING AND ADMINISTRATIVE ACTIVITIES IN THE ENTERPRISE ZONE. Vote results: Ayes : Nays : Motion carried . Council Members Barrentine, Moore, Bradshaw, Garrell, Wolosyn. Woodward, Tomasso None (c) Resolutions and Motions There were no resolutions or motions submitted for approval. JO. Public Hearing lie- No public hearing was scheduled before Council . 11 . Ordinances, Resolution and Motions (a) Approval of Ordinances on First Reading (i) Golf Operations Manager Spada prescnlCd a recommendation from the Parks and Recreation Dcpanmcnt to adopt a bill for an ordinance approvin& the Golf Course Rcslaurant Concessionaire Agreement between the City of Englewood and Caddie Shack, LLC. He said we received four bids in the process and we interviewed all four . The interview team was comprised of a variety of City employees, from a variety of departments . We had a variety of criteria that we looked at ... rent payment, experience, the praentation and it was a unanimous decision that Caddie Shack, LLC be sclec:tcd as our rcstauranl concessionaire. Jim Dadiocis is here representing Caddie Shack LLC . We arc very proud to have them on board and we arc recommending them . They came with high references from a variety of rcslaurants and a golf course down in Colorado Springs. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (I) • COUNCIL BILL NO. 51. COUNCIL BILL NO. 5 1, INTRODUC ED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINAN CE APPROVING THE GOLF COURSE RESTAURANT CONCESSIONAIRE LEASE AGREEME NT BETWEEN THE CITY OF ENG LE WOOD AND CADDIE SHACK. Ma yor Garrell a kcd if there we re an y que stions or comments . T here were none . Votr results: Ayes : Nay s: Moti on carried . Mayor Garre ll thanked Mr. Spada . Council Members Barrentine , Moore, Bradshaw , Garrett. Wololyn. Woodward, Tomasso None (b) Approva l o f Ordinances on Scrond Readi na ' • • • .. • Englewood City Council September 7, 2004 Pages (i) Council Bill No. 40, approving the proposed Denver Seminary Planned Unit Development was considered . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (I) • COUNCIL BILL NO. 40. COUNCIL BILL NO . 40, INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE APPROVING THE DENVER SEMINARY PLANNED UNIT DEVELOPMENT (PUD) LOCATED AT 3401 SOUTH UNIVERSffY BOULEY ARD, IN THE CITY OF ENGLEWOOD, COLORADO. Mayor Garrett asked if there were any amendments. Council Member Moore said I would like to have some discussion first. We had some items that were presented last time relative to amendments. I would like to address just one issue. During the Public Hearing I raised questions about the proposal of the ten foot fence on the north side of the Seminary property and ... as current zoning allows for a six foot fence, whether or not that would be an imposition on the residents. I had a chance to go over to those properties and realized what they have today is already like a three foot footer, with a six foot fence on top of it. So those properties already have, in effect. a nine/ten foot fence. I thought it would be four feet more than what they arc looking for . I think what they arc looking for is more to maintain the status quo. Currently, there is this three or four foot differential in levels of the residential ground versus the Seminary ground. And I don't know if anyone knows where that will be, when this is all done. So, I have a better understanding of why that fence may be desirable to be that tall . I still have reservations .. .I don't want to force, an otherwise, exceptional situation. but I haven't come up with any right way to phrase it. I don't know if there arc any recommendations. Basically, I now understand ... if they arc just trying to keep what they have ... and I have heard from most of the home owners that that is what they want to maintain, although I know one neighbor said she did not want a ten foot wall in her back yard. So now maybe after seeing that property, putting that in context. .. maybe she was afraid it was ten foot. on top of the three foot footer that is already there . Mayor Garrett said didn't the language say up to ten feet ? Mr . Moore said it was very open ended . If one neighbor objects, what is the resolution? It just says up to ~n. but there is no di scussion as to what it takes to reach that agreement. Council Member Tomasso said the issue you arc raising, is which side of the fence arc they going to measure the ten foot on. Is it on the higher ponion cm the Seminary side or is it from the bottom of the footer on the other side up? Mr. Moore said those are all good questions and I don 't know if there is going lo be any way to answer that until the time and place that you get there . So, I guess the hole that I sec in the PUD, is just how do you get resolution? Ma yor Garrett said it provides that it will be determined by the developer upon consultation with the property owners. Do you want one propcny owner to have a veto right or not? So, Council Member Moore said , rephrase it to allow each propeny owner to veto it . Mayor Garrett said then you arc going to have a very odd looking fence . Council Member Moore said if there is an objection I think it would only be from a person on the end . I didn 't fo ll ow up to get specifics on the status of this , and maybe that would help, but I believe five OUI of six arc on the same page. If not. the 1xth one may be confused only because of whether or not that existing footer is there so, you know. l thinl 1f II did say each ... they still would be able to reach consensus . I am also fine if we could phrase 11 ... that 111 not higher than it is or somehow incorporate the status quo in that requirement . Council Me mber Woodward said i the high side on the home owner's side or the Seminary's side? ·Ir Moore ,d the Scm1nary·s idc . So in their back yards. they have a lhrce fooc rctainina wall and then a six fooc fence o n top of 11 . So th.Ir 1 "'hat i there already today ... and neccuary becalllC tine foot up is a parlin1 loc , so the) need the I feet o n top of that wall to 11ve them privacy. So. if all it is doin1 is mainlainin1 what is ' ·.\o .. t • • Englewood City Council September 7, 2004 Page6 ·• • •• 0 there ... great . I don't want it to be read that it is ten foot on top of a footer. I don't know the legal language .. .if that hits it or not. Council Member Barrentine said I have to say that when the question was asked, I was very comfortable with the home owners that came forward, as well as the developer being very specific that they had every intention of working with those homeowners on an individual basis for what they would want. However, I'm not sure we would want to put each in there either, since they already seem to be mostly on board. But I was very comfortable with the communication that had occurred . That was a lot of work and on our part too with those home owners so ... l was pretty happy with what we had done. Council Member Bradshaw said I think, Council Member Moore, that sometimes trying to be truly representative can put you in a quandary and it sounds like that is what you arc doing ... trying to be fair to everybody. I was very pleased with the developer's answers to the questions that I posed. I was very pleased with the cooperation that we received from thi s gentleman and I am in favor of moving forward with it now. Council Member Moore said my questions don't at all say anything different ... other than. if our rules, which they do. say fences arc limited to six feet ; I don't know how we impose a ten foot fence on any homeowner if they arc protected. in a sense, to a six foot fence. Council Member Woodward said, as I understand it, once the PUD is in effect, the six foot fence height is out. Mr. Moore said right, but I still think that as a single-family homeowner, part of the right that you do have ... is a limitation by Code to not being walled in. You know, six foot is what is in there. Yes, the PUD would override it and my concern was not even based on a particular voice, as much as I wouldn't want a ten foot fence imposed on my property, if I wasn't on board with it. Now again, after seeing it, I realize that is what is already there, so I would like to be comfortable with the wording as just saying ... you know, that we arc really just getting what is already there. Mayo r Garrett said at this point would you like to make a proposal and we can vote on any particular amendment. Council Member Moore said I d o n't know on that particular issue, I am at a loss as to what amendment might be right. So anlcss staff had a forewarning ... ! don't know if you ha ve any suggestions that might help. Olhcrwisc.1 am not sure I ha ve any better phrasing for it . Mayor Garrett said in this interim do you have any other amendments you would like to offer? Council Member Moore said yes. I would like to make some amendments and I also second some of the comments that Council Member Bradshaw made. I was very impressed with the Public Hearing last week. The prescnwion by staff. by the developer and by the residents was extremely informative. helpful and very well done . I greatly apprec iate all the effort that has gone into this project. As far as amendments. I would like to put two things on the table. They are not new add111ons . they are what we had discussed when we first brought thi forward . The first wo uld be an amendment that we strike item number 5 altogether. Council Member Bradshaw said because that is already taken care of. Mr . Moore said yes. because it i already taken care of in the PUD. as i menlioncd in our CO\'er memo. The seco nd 1s to amend under item number I ... just delete the "shall be by major ubdivi ion" because 11 can be accompli s hed by several processes and staff doesn't recommend doing it through the major subdivision proce ·. COUNCIL MEMBER MOORE MOVED, AND IT WAS SECONDED, TO AMEND COUNCIL BILL NO . 40 BY STRIKING ITEM NUMBER 5 AL TOGETHER AND AMENDING ITEM NUMBER I BY DELETING "SHALL BE BY MAJOR SUBDIVISION.'' Mayor Ga.rren as ked if there was any discussion n the amendments. ThcfC was none . Vol~ results: Ay es : Na ys : Council Members Barrcnhnc, Moore . Bradshaw. Garrett. Wolosyn. Woodward. Tomasso None ' .. • • Englewood City t.:ouncU September 7, 2004 Page7 Motion carried. 0 . Mayor Garrell said the staff has done a consultation. Do you have anything you would like to present to Council regarding the issue of the wall height on the north side of the property? Senior Planner Langon said, after speaking with Mr. Forstmann, one suggestion may be ... because of the difference in hcight. .. because we arc not sure of the final elevation at the time the fence would be built ... of reducing that ten foot to eight foot, but measured from the development side. Now, that may still end up being a nine or ten foot wall when measured from the low side. Typically when we do a fence, we measure from the side that the fence is placed on from that property. Mayor Garrell said let me ask a simple question. Is the current height of the footing, as well as the current fence ... is that the max height you arc looking at, or is it higher than that? He said an easy solution here is to cap it at no greater than its current height. If that is what both the property owners and developers arc talking about ... it rules. Senior Planner Langon said at one end it is a four foot wall. with a six foot fence and at the odic:r-end it is a three foot wall and then it would be a siJ< foot fence . So. it deviates from ten foot down to a nine foot, or it would , with a si1t foot fence there. Mayor Garrett said so cap it at the maximum height of the current total? Council Member Moore said then that ends up forcing that one foot grade in there and that is not what we arc trying todo. Mayor Garrett said it is a cap. Council Member Moore said then the nine on the one side dominates the whole fence . M.iyor Garrett said the easiest solution is to make a proposal and we will vote. Ms . Langon said. again, the grade is going to change with the development. Council Member Wolosyn said I would like to say that I feel that that languaae was hanuneRd out a1 peaa lcn&th by the developers and the neighborhood. Since it is consistelll with what is there, I wouldn't want to touch it . · Council Member Barrentine said also, unfortunately. I think we would take away the ncgotjating from people and they have developed a relationship and they are trying to work together and I don't want to do something where. lacer. people arc bringing pictures back saying look what you made us do. I agree with Olga. Council Member Woodward said John's point that one neighbor could end up with a sq,arz:e heipt ... I think that seems to be a concern. If you have ten feet o f heigh! and then all of a uddcn it drops down to eight and then comes back to ten ... don't we want that uniform. or was that the in1ention? Council Member Moore said again. if we leave it as is, is there safety that it i not ten foot on top of a four foot footer ? Mayor Garrett said several people on Council have said they are comfortable with the currc111 languaae, so that would imply they arc comfortable with the current language . Council Member Moore said I am asking the question for myself. so I will direct it to staff. If it is left a is, does it leave the possibility of a ten foot fence on top of a three or four footer. popibly? Semor Planner Langon id po ibly, but I think it is based on the ncg<>IIIUOII with the nciahbofhood ... with the neighbor l · ' . .. .. .. • • -- • Englewood City Council September 7, 2004 Page8 Council Member Moore said so the concern is there, but I know that no one there is going to want a fourteen foot fence . Again, the clarification was most helpful, so no_ amendment is suggested. Mayor Garrett asked if there was any discussion on the bill as amended. Council Member Moore said again, in closing, everyone's negotiations on this was fantastic and the developer working with all communities ... notjust Engle wood ... was quite impressive. Thank you. Vote resulls on approval or Council BW No. 40 u amended: Motion carried. Ayes: Council Members Barrentine, Moore, Bradshaw, Garrett. Wolosyn, Woodward, Tomasso Nays: None Mayor Garrett said for clarification for the people in the audience, we have now passed it on second reading, but since it was amended, we arc going to have to bring it back for another second reading, which will be in two weeks ... actually less than two weeks, because it will be two weeks from yesterday. (c) Resolutions and Motions There were no resolutions or motions submitted for approval . 12. General Dlscmslon (a) Mayor's Choice Mayor Garrett did not have any matters to bring before Council. (b) Council Members' Choice (i) Council Member Tomasso: I . He said I was pleased to attend the Metro Community Provider Network's prcsenlation. They opened a new clinic on South Delaware. a week ago Monday. The Director would like to have a chance to speak to all of Council and describe what the new center is like. For those of you who want to read more about it. I have a whole brochure they gave me. 2 . He said there is a new Japanese restaurant at Bates and Broadway and the food is excellent. The Gcnroku o pened a week ago Monday. so the Japanese restaurant is in full operation . Council Member Bradshaw sa id where is it ? Mr. Tomasso said Bates and Broadway . Ms. Bradshaw said what a ni ce additio n to that neighborhood . (ii) Council Member Woodward : I . He said I was at the dedication fo r ART and I think, having taken the route, it was great. I think we arc gomg to be very ucccssful with that . 2. He said o n August 2s• KEB held our first SK Race . I would like to acknowledge a couple of people that helped us with that : Matt Bednorz who is a teacher over at Flood Middle School , provided us with twenty-four Englc~ood High School football players as volunteers at 7 :00 o 'clock in th1: momina on a Saturday, which is quite an accomph hrncnt in itself and we also had three volunteers from the Lcadcnhip Academy . So in tolal we had at least 27 youth vo lunteers helping us put on thi s run . We had approximately JOO partJCipant runners that had reg 1 tcrcd . The funds that we received from our sponsors and from the entry fees will ao toward our Houlchold llu ardous Wa tc Roundup. which is this Saturday and nut Saturday. I think the consensus from the Comml ion 1 that o ur fi rst hot t thi s has been very ucccssful and I believe we 1111eftd to do 11 in the flltllrC . He said I would t .. • • Enc)ewood City Councll September 7, 2004 Page9 also like to thank Jerrell Black and Gary Hultberg for their help and participation with putting this on and in conjunct.ion with FunFest. Thank you. Council Member Barrentine said, to add to that, I did want to thank Jim Woodwud for recognizing Rebecca Laughlin, a new member on the Parks and Recreation Commission and also for Jerrell Black's encouragement of her. She got the most applicants and runners for that and I turned that in for her. She was very thrilled that you took the time, Jim, to recognize her and, Jerrell, thank you very much for your kind comments. She was very impressed and so was her mother. I think she brought in something like ten or twelve people. So, she is just really excited to be on that board. That was very nice of you to take the time. (iii) Council Member Wolosyn: I. She said I would just like to second Jim's thanks to all of the staff that helped us have a successful initial 5KRun. 2 . She said I think the whole idea of the FunFest in the park is just wonderful . It is magical. It is a much more desirable setting and putting the two together made for a great day. Also, I would like to thank Jerrell's and Gary's staff and the Public Work's staff and everyone else who helped with Peak in the Park day and helped make ii a success. 3. She said kudos to Lauri Dannemiller and all of Community Development for the successful initiation of ART. (iv) Council Member Barrentine: I . She said I want to thank Tricia and Bob Simp10n for some complimencs that I got after I took my dog for a walk. It is always nice when you 're just on your way home. to have someone stop you and tell you how nice it is to deal with the City. even though they initially had some problems with the pennittin& and ew:rytbina. They were just very, very complimentary of Tricia and your deputmenl. Thal is always nice. I mean it is just nice to hear that the problems are being taken care of .. .l don't even know what a lot of them were, I'm just happy to hear that is going well . 2. She said thanks to Rick Kahm for all of his information and then deal in& with a specific problem relaled to a couple ,.'ho are very ill ... her husband is in hospice. And I would lib to thank Ladd . On my-yin today, I stopped lhere after their wheekhair ramp was put in. by an orpnizalion that I had talked to him about. I hope we can facilitaie their help with some other En&lewood residents . Ms. Banemine said she was very complimentary of Ladd ... that he took the time 10 stop by. check on the special permit parkin&, as they have very limited access. She was very impressed that he took that kind of time and care and was that concerned . I w1111ed to pass that along . ••••• Mayor Gmen ,d the d.x·tor would like 10 come 10 Council . Would Council prefer a presentation in the Chambers by the doctor or at the Study Se ,on? Council Member Wolosyn id the last time .. .I think it was Doctor's Care that came ... they came and did a ien minute thing here . Mayor Garren said arc there any preferences? So. he said, let them know thal would be a ~ forum for that . 13 City M.-.r·s ltepMt Cit) M nager Scar · did noc have an matters to bnna before Council. 14 lty ttuwy' ...... t • • Englewood City CouncU September 7, 2004 Page 10 15 . Adjoununeat .la,; ·• t • • -- AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL TUESDAY, SEPTEMBER 7, 2004 7:30 P.M. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 1. Call to order. ?: ti.;,.__, Invocation.~ 2. 3 . Pledge of Allegiance . ~ 4 . Roll Call. at/ I/~ 5. Consideration of Minutes of Previous Session . ~-0 Mm""' from 1h, """"' Cily q>uocil m~ting of Au8">116, 2004. ~ 6 . Reco gnit ion of Scheduled Public Comment. (Please limit your presentation to ten minutes.) a. Bec ky H amm er, Englewood citizen, will address City Council regarding participation in the Conc rete Pro gram . 7. Recog nition of Unscheduled Publi c Comment. (Please limit your presentation to five minutes. Time fo r unscheduled public co mme nt may be limited to 45 minutes and if limited shall be continued to General Discussion.) ,e- 8 . Comm uni ca tions, Proclamatio ns, and Appo intments. A letter fro 1 ):r;;:~oodward indicating hi s resignation from the Englewood Urban Renewal Authority.~ A proclama tion declaring th e week o f Sep tember 17 -23 as National Constitution We~ Plea e note If you ha, e a d,sabthty and need auxiliary aids or services. please notify the City of En glewood (303-62-2405) at lea 1 48 hours in advance of when service$ are needed. Thank ' ... .. t • • Engl ewood City Council Agenda September 7, 2004 Page 2 9 . Consent Agenda Items. a . b . Approval of Ordinances on First Reading. Appro~ Ordinances on Second Reading. -() i. Council Bill No. 50, approving an Intergovernmental Agreement with the State of Colorado Economic ~e~o~me~t Co~ission for Arapahoe County Enterprise Zone grant funding.rt)~ c . Resolutions and Motions. J ,/) 10. Public Hearing Items. (No Public Hearing Scheduled.) ~ 11 . Ordinances, Resolutions and Motions. a. Approval of Ordinances on First Reading. i. tJppr/'l-o Council Bill No. 51 -Recommendation from the Parks and Recreation Department lo adopt a bill for an ordinance approving the Golf Course Restaurant Concessionaire Agreement between the City of Englewood and Caddie Shack, LLC. STAFF SOURCE: lerrell Blad, Director ~n Department, and Bob Spada, Golf Operations Manager. b. A pprova l of O rdinanc es on Second Reading. i. Counci l Bill No. 40, approving the proposed Denver Seminary Planned Unit D eve lopment. ~ llradlhaw l'IICMCI ID~ Council 1111 No. 40 app'd 7-0 Moofa mcMd ID M*ld CculCI 1111 No. 40 by l1rlllng 111m I 5 allogltlw, and M*ldlng c. Resolutions and Motions. Nam I 1 by dallllrlg "lhall be by Mljor llubdNtalon." fr app'd 7-0 ID~ Council N No. 40 • ~ 12 . General Discussion: a. Mayor's Choice. b . Council Member's Choice. 13 . City Manags.'r Report. 14. City Attorney Report. Please note: If you have a disabtlity and need auxiliary aids Of seMCfl. please nolify the 0ty of Enalewood (303 -762-2405 at least 48 hours in advance of when services are needed. Thank • • Engl ewood City Counci l Ag enda Se ptem ber 7, 2004 Page 3 15 . Adjournment. &:/()~ The following minutes were transmitted to City Council between August 13 and September 2, 2004. • Firefighters' Pension Board meeting of February 12, 2004 • Police Officers' Pension Board meeting of February 12, 2004 • Alliance for Commerce in Englewood meetings of March 11, 2004, April 1, ::!004, July 8, 2004 • Non-Emergency Pension Board meetings of May 11, 2004, May 25, 2004 • Board of Adjustment and Appeals meeting of May 12, 2004 • Parks and Recreation Commission meeting of July 8, 2004 • Transportation Advisory Committee meeting of July 8, 2004 • Publi c Library Board meeting of July 13, 2004 • Planning & Zoning Commission meeting of August 3, 2004 • Liquor Licensing Authority telephone poll of August 18, 2004 Pl ease note: II you have a disability and need auxiliary aids or servic~, please notify the City of Englewood (303 -762-2 40 5) at least 48 hours In advance of when servk.es are needed. Thank --·• • •• 0 ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session August 16, 2004 I. Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Garren at 7:40 p.m. 2. Invocation The invocation was given by Council Member Barrentine. 3. PledgeofAlleglance The Pledge of Allegiance was led by Mayor Garrett. 4 . RoUCaU Present: Absent: A quorum was present. Also present : Council Members Tomasso, Moore, Barrentine, Garrett, Bradshaw, Wolosyn, Woodward None City Manager Scars City Attorney Brotzman Assistant City Manager Aahcrty City Clerk Ellis Di vision Chief Vandermce, Safety Services Director Ross, Public Works Director Gryglcwicz, Finance and Adminisirativc Services Senior Planner Langon Director Simpson, Community Development ••••• Mayor Garrett said I want to make note of an Agenda change. This is mainly for Council. For several years, and we don't kn o w for how long. but our Agenda order has been incorrccJ. When wc made the change last week, when wc passed an o rdinance 10 change some of the terminology, we n:alized the error. You will notice the Consent Agenda 1s h e m 9 no w and the Public Hearing is Item 10 which is the order that was supposed to be followed for quite some ume . o. I do n't know when the change occ urred , but we arc now going back to the original form. 5 Consideration of MlnuleS of Previous Session (a) COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE TIIE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF AUGUST 2, 2004. Ma)or Garrett ked 1f there were any comments. questions or corrections. There were none . Volt nsult.s: ·cs: ':a s: 1 limn arrlCd Council Members Barrentine. Moore. Bradshaw, Ganen, Wolosyn. Wood,.'Ud. To masso one ' ... .. • • -- Englewood City CouncU August 16, 2004 Pagel 6 . Recognition or Scheduled Public Comment (a) Fire Battalion Chief Andy Fox said thank you for providing some time for us tonight. We arc here to give recognition to a recent graduate of Englewood High School, Carolyn Yaklich. As a senior project, Carolyn produced a documentary to raise the awareness of the dangers of drinking and driving aimed specifically at High School students. The project was also a tribute to three Englewood students killed in alcohol related auto accidents four years ago. Carolyn premiered this film at a High School assembly one week prior to Senior Prom. In addition to the film, Carolyn worked with local business leaders and the Englewood Department of Safety Services to stage a mock auto accident. This accident was staged outside the main entrance of Englewood High School during a lunch break. It portrayed student injuries and fatalities, along with Police and Fire responses, to dramatize the d.mgers of drinking and driving. Carolyn enlisted the assistance of many school organizations to help make the film and to stage the mock accident. The most active was the organization of "Students Who Are There". This group is a peer counseling group at Englewood High School and the faculty adviser for "Students Who Are There" is Allison Bansbach. We would also like to mention local businesses that helped stage the mock auto accident: Joe Carpcntar of All Recycle donated time and vehicles; Chuck Matthews and Marty Schmitt of Old Style Towing donated employees time and tow vehicles and thanks to those employces ... Tcresa Web and Bill Pearce. At this time I would like to have Mayor Garrett join me . We have two certificates of apprcciation ... from the City of Englewood and the Department of Safety Services. The first is for Allison Bansbach, Student Adviser at Englewood High School who helped Carolyn with her project. Allison was presented her certificate. There was applause. Mr. Fox said I now have a certificate for Carolyn. He read the certificate in full . Carolyn was prelClltcd her certificate. There was applause. Mr. Fox said Mr . Sears, Mayor Garrett and City Council, thank you very much. Council Member Bradshaw said prior to the meeting tonight, we had an opportunity to view Carolyn's production. It is very well done, very well done. Mayor Garrett said I also want to say thank you to Safety Services and all the work they did in helping with the mock accident. 7. Recognition or Umcheduled Public Co-1 Mayor Garrett said now I want to make sure people know that there is a Public Hearing that is going to occur a bit later in the Agenda which deals with the Denver Seminary Project, so you do not need to speak here, there will be an opportunity at that time. There were no unscheduled visitors. 8. Communications, Proclamations aad AppolDllMllts (a) A proclamation declaring September as National Alcohol and Drug Addiction Recovery Month was considered. COUNCIL MEMBER BRADSHAW MOvm>, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DECLARING SEPTEMBER AS NATIONAL ALCOHOL AND DRUG ADDICTION RECOVERY MONTH . Ayes : Nays : Motion earned. 9 . Conant Asenda Council Members Barrentine. Moore. Bradshaw. Garrett. Wolosyn, Woodward. Tomasso None C O UNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 9 (a) (I) AND 9 0,) (I), (U), (Ui). (a) Approval of Ordinances on First Reading t ·' • • • 0 ( Englewood City Coundl August 16, 2004 Page3 B D (i) COUNCIL BILL NO . 50, lNfRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE AtrrHORIZING ACCEPTANCE OF A GRANT FROM THE STATE OF COLORADO, ECONOMIC DEVELOPMENT COMMISSION FOR MARKETING AND ADMINtSTRATIVE ACTIVITIES IN THE ENTERPRISE ZONE. (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO. 48, SERIES OF 2004 (COUNCIL BILL NO . 37, INTRODUCED BY COUNCIL MEMBER WOLOSYN) AN ORDINANCE AUTHORIZING INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ARAPAHOE, COLORADO AND THE CITY OF ENGLEWOOD, COLORADO CONCERNING "OPEN SPACE" TAX SHAREBACK FUNDS . (ii) ORDINANCE NO . 49, SERIES OF 2004 (COUNCIL BILL NO . 48, INTRODUCED BY COUNCIL MEMBER BRADSHAW) 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 2, 2004 . (iii) ORDINANCE NO . 50, SERIES OF 2004 (COUNCIL BILL NO. 49, INTRODUCED BY COUNCIL MEMBER MOORE) AN ORDINANCE AUTHORIZING THE "INTERGOVERNMENTAL AGREEMENT" ENTI11.ED "AGREEMENT FOR ENGLEWOOD SHUTTLE CMAQ FUNDING 2004-2006 BETWEEN THE REGIONAL TRANSPORTATION DISTRICT (RTD) AND THE CITY OF ENGLEWOOD, COLORADO . Vote results: Ayes : Council Members Barrentine, Moore, Bradshaw, Ganett, Wolosyn. Woodward, Tomasso Nays : None Motion carried. (c) Resolutions and Motions There were no additional resolution s or motions submitted for approval. (See Agenda Item 11 -Ordinances, Re so lutions and Motions .) 10. Public Hearin& Items (a) Mayor Garrell said this is a Public Hearing to consider testimony oo Council Bill No. 40, app rovi ng the proposed Denver Seminary Planned Unit Development. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO OPEN THE PUBUC HEARING TO CONSIDER TESTIMONY ON COUNCIL BILL NO. 40, APPROVING THE PROPOSED DENVER SEMINARY PLANNED UNIT DEVELOPMENT. Ayes : Council Members Barrentine. Moore, Bradshaw , Ganett, Wolosyn. Woodward, Tomasso Nays : None Mo uon earned and the public hearing opened . . All wuncsse ~= d uly swo rn . ' .. .. • • Englewood City Council August Hi, 2004 Page4 ·• • • 0 Senior Planner Langon said for your consideration this evening is the Public Hearing on Council Bill No. 40, Denver Seminary Planned Unit Development, an application for rewning by JVF, LLC, John Forstmann, Manager . First reading on this application was on July 19,... Supporting material was in that July 19111 packet and has not been reproduced in this evening's packet. I have already submitted to the Cleric, Proof of Publication of this Public Hearing in the Englewood Herald on July 23, 2004 and Certification of Posting of the property of this Public Hearing . If you will bear with me, there is quite a bit of material this evening, so I will just kind of dive in. Basically, what I plan on doing is giving you a bit of background, discuss the PUD process a little bit with you and talk about some of the general issues and questions that you may have . I will do those in a general manner and then have the applicant's team address the development in detail. The PUD request is to rewne 11.41 acres of what is commonly called the Denver Seminary, at the northwest corner of South University Boulevard and US 285 from its current wning of MU-R-3-B Mixed-Use Residential/Limited Office-Retail District to PUD . This is to permit 350 for-sale residential units and 65,000 square feet of office/retail space. The recommendation that Community Development is offering this evening is slightly different from the Planning and Zoning Commission recommendation. The Planning and Zoning Commission had five conditions in their recommendation. Community Development is addressing four of those, because the fifth condition from the Planning and Zoning Commission has already been met, therefore it is not necessary to include it as a condition of approval. Also, we are offering one modification to the first condition offered by the Planning and Zoning Commission and that is to edit out the words "by Major Subdivision". That condition reads: Dedication of the South University Boulevard continuous right turn lane shall be required . The previous wording was "shall be by Major Subdivision". We delermined that there are other methods to offer that dedication and therefore it is not necessary to limit it to just that one means, so that is why we are offering that one amendment. The other recommendations that the Department is offering ... conditions/recommendations ... are construction of the public improvements as proposed in the PUD. And then prior to any Development Restrictions and Covenant documents, the City shall review those documents to be CCT'.ain that those documents are consistent with the PUD Plans and that the applicant shall provide two recorded copies of all Development Restrictions and Covenants to the City. She said the purpose of the Public Hearing is to consider the application ... that includes the Staff Report and all the matcrials ... take public testimony and then determine the applications merits based on the Planned Unit Development ordinance criteria. The cmrent zoning on the property is, as I said, MU-R-3-B, that is under the Unified Development Code. and that allows multiple types of uses ... religious institutions. educational institutions, parks, limited office use, governmental facilities, hospitals and certain conditional and accessory uses. ln the residential realm it allows single-family units and multi-family units. Because of the size of the property ... almost eleven and a half acres ... the current zoning would allow up to 456 units . Those units could be in buildings as tall as 60 feet and located 15 feet from the north property line and 25 feet from the west propeny line . Those are the two important ones, because those an: the ones directly adjacent to other residential areas in the City . The old Code ... prior to the Unified Development Code ... would have allowed the same uses , the same setbacks, the same number of units. The only difference with the old Code is that there was a height extension chat would have allowed an increase in the building heights and that was based on the setbacks . If additional side yard se1backs were allowed , that would allow a taller building. The tallest building on the site as proposed is 179 feet and where it is located currently, based on the old Code's height extensions, it could have been a minimum of 220 feet. And if it were moved even closer to the center of the property , it could have gone taller . Thai is wh at th e c urrenl ordinance allows and what the old ordinance allowed . The issue though, this evening, is as a PUD ii is a rezoning process. The PUD establishes specific wning and site planning criteria for specific dcve lopmenl proposal. And. that usually allows ihat flexibility, because whatever is being requested may or may no1 ha ve been able to be accommodated within the existing zoning regulations as a package. She said the PUD is a 1wo pan doc ument. A Distric1 Plan . which is basically the regulations that govern the uses in the new district and a Site Plan which is the general site and development details. such as where the structures an: located, parking, landsca pin g. fencing . signage and those details . You arc creating a new zone district and it is separate from all other zone d1 tncts m the Cn y. h creales unique wning regulations for this particular process . The zoning regulations thal yo u e tabh sh thi e vening may be the same as the current City regulations ... either the old or the new Code ... the y mav be different from Cit y regulations . Any comparison 10 the old or new Codes. is just that. It is compari so n The y do not need to match and it ts not really a question of how similar or how dissimilar they may or may not be fro m e m ung Codes. h is not a question of asking if it is more than the CIIITfflt SWldards of what is be in g 1..cd for . The ques u n reall y 1s within the PUD , because you an: eslablishin& new zone district regulations pec1fi t th 1 propeny. docs wha11 proposed work a unified packaae for dus par1ic:ular spcci fi development ? Ju t bad.grou nd . the Seminary co111aeted the Community Development Depanmeal earl y 10 2003 .. probably e,en earlier th.:an t ha1. .. and let us Lno 11, that the had plans to move ou&sldc of the Caty. The fell that the y had ' ,• • • - C Englewood City Council August 16, 2004 PageS ·• • • (---. t_J exceeded the capacity of their property for their future plans . We had discussions with the applicant in early Fall of 2003 and a neighborhood meeting was held on January I 3, 2004. That is the first requirement of the PUD process ... a pre-application neighborhood meeting. The application was submitted on February 20, 2004. We did reviews ... both internal and exlemal reviews, and then a final document was submitted on June 11, 2004. The Planning and Zoning Commission conducted Public Hearings on June 22 and June 29. First reading occurred on July 19, 2004 and now we arc here tonight for the Public Hearing . Ms. Langon said the site is, as I said, about eleven and a half acres, and it is on the northwest corner of South University and East Hampden (US 285). To the north and to the west is the City of Englewood. We will put a slide up here that might help us. To the cast is Unincorporated Arapahoe County and to the south and southeast is Cherry Hills Village. This is the intersection of Hampden and University. We will discuss this intersection quite a bit probably this evening. The other intersection that will be discussed is the new entrance to the site as proposed. As I said, the PUD proposal is for 350 for-sale residential units . Those arc proposed as 45 units around the perimeter, which are in 2 and 3 story townhouse style buildings. All of tbcsc arc going to be for-sale units. The other 305 units will be in the center buildings and those arc a total of 6 buildings ... mid and high rise ... to the center of the property . The 65,000 square feet of retaiVoffice space will consist of a gourmet food store, specialty shops, restaurant, and corporate offices of JVF. Those will be here at the southeast comer of the site. There have been a number of recurring questions throughout the process, the review process, throughout Planning Commission hearings and beyond and I will just cover those main topics . I won't cover them in great detail, because I think the applicant will be able to answer them in greater details, since it is their project. I will start with the largest issue that has concerned the most number of people and that is traffic . Y cs, there is going to be some changes to traffic and there will be some traffic impacts. The biggest one probably is the afternoon south bound University traffic . There will probably be some longer backups along here, but those arc being mitigated by a dual left tum lane. So that is as you arc south bound on University, there will be two lanes instead of the current one lane, to tum cast bound on to Hampden. There also will be a continuous right tum lane from the entrance, all the way down and around the corner and then this is an acceUdeccl lane. Those arc going to be vast improvements and I will have the applicant discuss those in greater detail for you. Building height is shown on Plan Sheet 4. The town homes are around the perimeter of the property and are listed at up to 46 feet. The heights on those buildings are not the absolute height ... the tallest height ... that is just the envelope within which all building features have to be contained. The three-story buildings may re.ch at some points the 46 feet and the two- story buildings will not reach the 46 feet. That is to allow a variation in the heights. The taller buildings range from 96 feet to 179 feet. The next issue is .... bccausc of the height of the buildings ... sbadow . A shadow study was done and the applicant will be demonstrating that in a video animation this evening. Worst case will be, of course. during the winter with winter shadows. There will be shadows cast off site and the applicant will be addressing that issue this evening . The next main issue that we encountered was drainage. Drainage is being directed to storm sewers in University Boulevard off of the site . This actually will improve the current conditions. Cum:nt conditions allowed some drainage to go off site and actually head toward Romans Park. Council Member Bradshaw asked Ms. Langon to repeat what she had just said . Ms. Langon said the proposed conditions for drainage will be that the drainage will be directed to South University Boulevard and all drainage will be from the site to University to the storm sewer. Drainage will not be onto other properties. The applicant has actually addressed this, to return the drainage to what is pre -development conditions ... pre-Dcnvcr Seminary building ... so prior to 1960 or thercabouts ... back to virgin ground conditions, an improvement over current conditions . We have had a lot of questions about parki~g and the proposal meets and actually exceeds the City's minimum standards for parking. There is also bicycle parking prov ided and snow storage provided . The other question was the number of units proposed on the property. 350 units are being proposed . On this property, the old Code and the Unified Development Code would have allowed, and docs all ow, 456 unit s by the MU-R-3-B standards . This is in comparison to the Waterford property. That buildtng, I believe. is 168 feet and it contains I I 3 units . Without going into a lot of detail of the history of the Waterford and why buildings were or were not built, it was built at the time to its requirements and regulations. It could be developed, with more structures. but they would have to meet today's standards. Again. because of loc ati ons of the water features , the tennis courts and the underground parkin&, they would just have to meet the requirements of the buildings with a maximum of 60 feet. They could, by MU-R-3 -B standards, po(Cntially double the number of units . but not at that height of a building. Another question that has been raised by ncipbors and also b y th e Pl anning Commi ssion, was the fence or wall around the proposed property to the wcsa and to the nonh and the hei ght o f that wall. It has been proposed at 10 foot and that was proposed based on discussions with Ken! Vill age to th e west and to the architectural committee . The way the proposal reads. it is a 10 foot wall to the west 10 Kent Vill age and up to a 10 foot wall, based on discussion with neighbors on the nonh . Then the other quation tlw has been rai sed is economic impact. The Seminary as a religious institution is tax exempt . They do noc pay p rope n y ta x. They do generate some sales w from the book store, a nominal amount of money. Over the f«- .. I . • ' • • Englewood City Council August 16, 2004 Page6 •• • • CJ years of construction ... this project is a phased project with a proposed end in 2009 ... so over the next four years of construction. the use and permit fees would generate approximately 3 million dollars to the City. Each year after the construction phase, the project is expected to generate approximately $700,000.00 annually to the General Fund. No financial assistance or incentives have been requested by the applicant. She said, in summary, the Denver Seminary is moving, we know that, they have a project being developed in Littleton. This is an area of change. Any change or any development has tradcoffs, it has balances that must be considered ... positives and negatives. The application is the result of months of discussion and work with the City, the developer and neighbors. Again, this is a question of ... is what is being proposed and the new 1.(>ning regulations being established in the PUD, arc they the regulations that work for this project? The Community Development Department feels that the rezoning is worthy of consideration and support, because it mitigates and improves traffic in some areas. Again as I said, as part of the balance there arc some areas that arc not an improvement, but in other areas there arc major improvements. There is also mitigation and improved drainage from the current situation. There is a lower density that is being proposed than what would be allowed on the property. There arc housing options that arc being generated, single-family attached units in what we arc calling the town homes, and the condo units in the high rise buildings. These arc all for-sale units. The structures around the perimeter arc transitional structures. They arc at reduced height and bulk plane and the taller buildings arc to the center of the structure. There is positive economic benefit, as there would be with any development on this property. since the current use docs not generate property tax. We believe this is a quality product. We have landscaping that exceeds City standards by twenty per cent. The majority of the parking is underground. We feel that this is a project that is a focal point to the City entry and also includes an entry pen art work. If you have questions, I will address the questions, otherwise I will tum it over to the applicant. Mayor Garrett asked if there were any questions. Council Member Barrentine said you went over the height and the unit number for the Waterford. ls that Kent Village, in between the development and the Waterford? Ms . Langon, while pointing at a map, said that is the Waterford building here and then this area here is Kent Village. Council Member Barrentine said how many units arc in there? How many buildings arc there? Ms. Langon said there arc 66 units in the Kent Village. Ms. Barrentine said are they all one or two story? Ms. Langon said they are one and two story. Ms. Barrentine said okay, thank you. Mayor Garrett asked if there were any other questions. There were none. John Forstmann. Avon, Colorado, said we believe that this project is a win/win/win. Win for the community. win for Englewood and, lastly but not least, for us. Win for the community, because when we started on this venture over a year ago. we also were concerned about the traffic and we have been conccrncd the same way as the neighbors have been concerned, and we decided that we would do something about it. We didn't have to, but we decided th 3t it would be in the best interest of everyone to do it. And I can tell you, regardless of what you hear tonight and I am sure that there arc people that will say that it is go ing to generate X-numbcr of cars and you can go o n and cin as it relates to that. However, in the last anal ysis, at the end of the day, the improvements that we are making will make that intersection a better intersection and better for the community. And I think that goes without saying. I don't think there is anyone in this room that \\ill say that the intersection is not better for us having been there . As you know, we were delighted, after two very thcrough meetings with the Planning Commission where we were drilled and grilled and every question that could be thought of was asked .. .! thought, very thoughtfully ... at the e nd of the day, one lady. unfonunatcly, was sick, but the vote ended up being 8-0. We were very pificd with that and we were delighted that, basically. the Planning Commission saw a new coilCCpl . Basically, what we are doing is we are focusing on many people. a linlc bit like us. getting a linle older and basically wantin1 to be empty-ncstcrs. That is on one hand . On the other hand , what this project will offer is executive housing. It will offer the people that live there, as well as the total community, a first class. world class type of a retail project that I don't think has been seen in the Denver arc.i . What we really instru::tcd David Tryba and anyone else with us. is that we upcctcd the highest quality of design and materials. We have been talking to our nei1hbors to the west and to the north and I am delighted to uy. also. to the cast and we basically came to an agreement this cvcnin1 ... none too soon. What we wanted to be. is a good neighbor . We have been i n discussions with both Cluold Morgan and Ron Pickem, u representative of their con.uituent . for many months . You did heM about our famous wall. but that was apeed upon by both parllc . We drd not arbrtruil uy 10 feet and they did not arbitrarily say 10 feet . We mutually a.,_t ' ... • • ) Englewood City CouncU August 16, 2004 Page7 0 that would work for both of us and we committed to doing that . I can also tell you that after many months of negotiations with Cherry Hills Heights, to the east in Arapahoe County, we did come to closure with them as well . So , I can tell you we have concluded agreements with at least three-quarters of our neighbors . AJi you know, you can't please all of the people all of the time . However, that is not to say that we didn 't try. I know the shadow study has been of interest to everyone , but we also wanted people to know, and you will sec it, that in the shadow study, what we could not put in was the fact that right by our property and contiguous to the north , that there arc 100 foot trees. With 100 foot trees I can assure you that there arc shadows already being significantly created . I am not sure of what additional impact our buildings will have, but in the shadow study you will sec, the trees cannot be pan of it. It was impossible to create the study with the trees. Our residents will enjoy the finest amenities contained within the state-of-the-art club that we arc creating. The retail establishment will be renowned for its world of cuisine to be enjoyed by the residents and the entire community . We have shared these plans with our neighbors, numerous individuals and homeowners associations and to wit, many, many have come and they arc here this evening in support . AJi I have said before, unfortunately we were not able to satisfy everyone, but in my 40 years in business basically, unfortunately , I concluded that some of the times you just can't. Who was our team? The two se nior people of our firm that arc in the development side .. .John Wells is our Executive VP. He spent 30 years in California with the largest and probably the best law firm in the state. Myself, I come from outside of Washington, D.C. and this will be my 40"' year in the development business. You will sec some of the projects that we have done through David Tryba. And, that brings me to David. David, as I know you know, is an architect. The first time I met him I was very impressed with what he had done, his attitude and his openness to listen . I have had some problems with architects that wanted to do it their way and it wasn 't our way and we locked horns . He is an asset to us . I believe he is an asset to the community and I believe be is an asset to you . I also will tell you. as you may know, last year the firm was recommended and won the designation of top architectural firm in the State. About three weeks or a month ago, David was made a Fellow with the National AIA About one percent, I would say, of all architects get that honor . The gentleman that is doing the work on the inside of the retail is Larry Bogdanow who has the reputation of being probably the foremost authority on food service cstablishmcnts in the country. He has done many restaurants . He has done the insides of a Dean & Deluca. if you know that concept .•• which is a little bit like OW:S · We arc really pleased to have someone of his stature really designing the inside to make it extremely exciting . We have a philosophy and that is ... if this community is not better for us having been there, we failed . We like to listen and as those behind me know, ifwe can do it, we will do it and if we can 't do it, we will tell people we can 't do it and we will stick to our guns and not do it But, we try our best to make a community better. It is our intention to establish a new standard of quality that will be of significant benefit to the City of Enalewood, the metropolitan area of Denver and indeed, the State of Colorado. That is our goal . That is our intention. That is our heart and that is where we arc coming from. You have that from me and I will be ultimately rapoosiblc for making sure that it works . What I would like to do now is introduce you to David Tryba who has a power point presentation. Then after that, I would like to introduce you to John Wells who has the responsibility of answering the more technical and probably more difficult questions of height, as well as traffic and any thing else that you might have . If you do have any questions on a macro basis for me now , I would be happy to try to answer them . Mayor Garre ll asked if there were any que stions . Council Member Bradshaw sa ,d you did or did not co nduct a shadow study? Mr . Forstmann said we did. She said okay. Mayor Garrell sai d we will conti nue wi th the presentation and at the end we will have questions . Davi d Try ba said th ank you Tricia, you gave a good part of my prescnwion. so we can move this forward rather quic k.ly, but I will run you through the specific s of the site and a few projects that arc i icative of the types of thi ngs we propose here, tha t have been built either by our firm or by Mr. Fontmann's ~ over the laal JS years, so we will speak to some of those specifically. As Tricia mentioned, we arc at the comer of University and Hampden and the project is designed fro m the outside in. in relationship to all of the neighbors ... north, south, east. and we st ... ,n terms of its scale and its rhythm in terms of the cxistina development. As Tricia also -aioncd, we are propn mg 350 units . as a use -by-right de veloped without a PUD. or without a publ ic proccu. would be 4SO . We arc proposmg a 30,000 square fOOI fl oor plate for two floors of retail, whic h wi U rolal 60.000 square feet . There is aboul 30.000 square feet of support retai l above the main floor , 10 the foocprinl is appoxilllllCl y 30,000 rquan feet. Our usc-by-nght wo uld be about lS ,()()().20,000 sq_i,we feet floor plate . I should abo llllllbOII tllia relail is cliffcreat than the IIOl'mal retail m that n has four sides and all the service is handled intcmall y. All the loadina docks and all the ' .• • • -- Englewood City Council August 16, 2004 Page8 service kinds of back of house, that you normally see on the back of the building, will be handled internally to this project. We have had a lot of questions about parking. The documents that we submitted to you for your consideration this evening state that we will provide two spaces per unit as a minimum, and further, the vast majority of all of that. . .in fact all of the required ... that we are actually requiring ourselves ... is below grade and we will talk specifically about some additional parking below grade and visitor parking on grade. I wanted to be clear that use-by-right requires about a quarter, 25 %, open space and we have submitted to you tonight ... a 40% dedicated open space for this project, as well as the additional percentage that Tricia mentioned about the additional landscaping. [Clerk 's Note: Mr. Tryba started his power point presentation.] To begin, we talked about the 25 perimeter units aro und the outside of the property, which really tie into the neighborhood both to the north and to the west. They do wrap around the south over here and the cast over here to form this gateway into the project. These are two and three story buildings. We will have their parking below grade. All of the garages for the town houses will be below grade and we will have some additional spaces ... 53 additional spaces below grade for visitors. That is located here and you can see the individual garages. The garage doors are very standard kind of town home thing, but instead of being on the street, they will be below grade. We were inspired by a project that John ForslJnann had developed in Maryland called the Kcntlands. which has become the poster child for new urbanist development and this was staned in the master planning by Mr. Forstmann in the late 70's. So, he has been doing this for a long time. This is the scale that we are proposing. These are all three-story units, but some of our units will be two-story units and it is indicative of the commitment to quality materials and quality design. Our design is not Maryland, it is not Williamsburg in taste, but combines Cherry Hills and the University of Denver architecture into a little bit more westernized version. You notice along the street, there are no parking garages. It really has a pedestrian feeling and one that is quite human in scale and has openings throughout ... in between the buildings to allow light and air and to scale the buildings down. This rendering indicates very clearly the detached sidewalks, the planting strips and also visitor parking on both sides of the street. In the center of the property, we are proposing 305 units in 6 buildings in the Village Green. The slide you looked at before said 7 buildings, that is because there is a clubhouse building which is the 7"' building, in the center of this. But this is a pretty large space ... about the size of a football field ... between, approximately, 90 to 100 feet in width and about 300 feet in the center and then there are ancillary spaces to the south. to the west and to the north and to the east, to allow light and air throughout that space. The condominium parking will also have two cars per unit, all below grade. 610 spaces below grade, with an additional 25 surface parking spaces ... if you visited the project more than once, you will know that there is an underground s pace that will allow you to go straight up to units as a visitor below grade ... and an additional 54 around on the street surrounding the project in the middle. The mid-rise buildings will be built around the perimeter of the parking IOI and above the parking IOI . Mr . Forstmann has significant experience in this and over 30 years of building heavily landscaped public spaces on top of parking. Each building will have its own core that will go straight from the residents parking spaces directly into the building and then there will also be street level openings right on the street. T his is an example of a mid-rise build ing. It is more uaditional, but something that we looked at for inspiration for the type of detailing and ornament and fenesuation. This is a project that we completed in Capital Hill and the Swallow Hill Historic District, next to two-story and three-story Victorian town homes on all four sides of this project a nd it shows the example of a mid-rise building that goes from three to four to seven stories in the downtown neighborhood. This building, though, really responds in a different way and the density is brought to the center of th e project around this public space and has a variety of heights and a variety of materials. The predominant feeling that you see is of s tone and brick masonry. There will be other materials that we use in terms of the roof. We are th inking about a metal roof. actually, that simulates slate based on a true slate look and w~ are very excited about 1 product that has been introduced at the national convention just about a month ago that is just a dead ringer for blue s late and gray slate mixture. It shows you the variety of spaces. larger open spaces, as well as smaller open spaces. These are a few s lides of some projects that John has built over parking structures. This one is nearly 30 years o ld ... has tenni s couns . s trolling areas and larger and smaller public areas, with trceS that actually approach 60 to I 00 feet built on structured parking on different levels. John has had quite a bit of experience with this technically and is pretty ex~ited about bringing that to the project. As I mentioned, in addition to some of the larger spaces, we will ha ve smaller s paces that will be a lillle bit more private. These are some examples. again, that we have looked at in terms of inspiration. The cornerstone of the project will be the retail. Belle Fare will be the anchor and take the majority o f that retail pace, but there will be some additional other ancillary spaces in addition to Belle Fare. We talked about 60,000 square feet on two floors . with a third floor of offices at the top. Again, this is located at the southeastern corner o f the property . There will be water features and landscape features around and all the raiuired parking for retail will be below at a significant enhancement to whaJ is normally the parltina ratio for fflail of this type . Seven spaces per 1000 square feet 1s an e&traonlinary ratio of parki• for retail and that is what we have pro posed and II will be a part of thi s document that 111e are proposing tonisht. In addition to tho$e spaces below ' • • ) ( 0 C Englewood City Council August 16, 2004 Page9 ·• • •• grade, we will have 57 spaces above grade for someone who just wants to come in, pick up a sandwich and leave . This shows the location of the underground parking. You can sec that it is very clearly separated from the residential. We arc running utilities and a double wall in here , so that the retail parking is completely self-contained. These arc a few examples of some projects that John has completed. This is the Gaithersburg Square Shopping Center in Gaithersburg, Maryland . It has all the kinds of features that we arc talking about. .. the slate roof, the brick masonry and a variety of wood materials and you sec the different forms and the attention to detail in the paving, the planters and the landscaping and the lights and the signagc. It has all of the things that we arc now going back to, in terms of the importance of the new urbanist ideals. You would probably be shocked if I told you that this project was over 30 years old . It is an indication of the commitment and to the materials and how when you use proper materials they last for a long time . Most shopping centers at 30 years old ... in fact it is a couple years older than 30 years ... are slated for demolition . Quite a bit of our businesses involves the renovation or the demolition and rebuilding of shopping centers. I think this photograph really describes that commitment by the developer. These aren't final drawings, but it gives an indication of the maximum scale that we are proposing. These elevations and perspectives will be developed , but will have key features that have been noted features of Forstmann Development. .. the clock tower, the continuous retail frontage that is broken up by individual shops, the inclusion of water features and heavy landscaping throughout, diagonal parking on both sides of both of the stteets that come and go through the project and then attention to detail. I think you will be very excited to sec the final product. The first floor , as I mentioned, is where we have all the individual shops in addition to the savoir faire concept, which I will go into very briefly . There will be some other neighborhood service features such as a dry cleaner type operation, a day spa and a number of shops, which I will take you through in just a minute. The second floor, over here, we have planned for a cooking school that is open to the public, based on all of the kinds of things that are available in the retail part. Then we have a large commercial kitchen, which prepares a lot of the foods for the retail below. There is a restaurant ... white table cloth restaurant ... here ... which this kitchen will serve as well as a community banquet room, which is very needed for this part of South Denver, Englewood and Cherry Hills Village. Just a place to have a wedding or bar mitzvah or something like that, which is located up in here. The Belle Fare will have in addition to prepared foods, specialty meats and cheeses. These are all photographs from the uchitect. these are all actual designs that Bogdanow has completed across the country. I worked with Larry in New York some 20 years ago at my previous firm . I am very excited about being able to work with him on this project. This is a wine SU>re. This is an example of the white table cloth type of restaurant that we are proposing for the south and west side of the raail . There is a large patio that is actually even larger than the dining room ... an outdoor dining to the west ... and specialty table top that will be a special store, as well as this two-story entrance with food retail on both aides, the cooking school up above and the kitchen component up to the right. So this whole idea of a full lifestyle ... flowers, food, books, education ... ! forgot to ,me11tion a bookstore ... will round out what we are proposing for that retail component . I think I also failed to mention that there will be a small bank for the neighborhood . John, would you like to join me? John Wells said I am also from Avon, Colorado. I'll tell you as the City Council the same thing I told the Planning Commission . John has been in this business some 40 years on the East coast in some very tough jurisdictions. I come at it 30-plus years from southern California, primarily in Orange County, where they also have some very professional planning depilltments and I want to compliment yours . They have been very tough on us, but they have also been very respectful and courteous to us and have made a number of very positive suggestions for the community and for the project. I don't know whether you have looked through your packets or not, but at one point I think your staff had a series of 84 or 85 questions that they had posed to us . We tried to take each one of them seriously and I believe that ultimately we answered all of them and incorporated the thoughts into our proposal . They have really done an outstanding job. Tricia alluded to the process that we have been through on this journey. We staned our first neighborhood meeting on January 13• and probably had 200 people in the audience. Since then we have had. I think, 17 different neighborhood meetings with various groups in the City of Englewood and in the s urrounding areas listening to their concerns and trying to sec if and how we might make the project beaer for them. I think those have basically been successful and much of what we learned in those rneeiings have been incorporated in the project. Tricia mentioned the drainage . One of the early concerns we heard from the community wu the issue of drainage ... that in heavy storm runoffs apparently over the years. water has flowed off the relatively Oat Seminary si te and gone all different ways ... in particularly to the northwe t and !his caused some flooding in the neighborhoods. We asked our civi l engineers to come up with a solution if they could. I have to tell you. it is pretty expensive sol ution . but we think it is going to take care of that problem for good. We are putting big collection areas m our underground parking garages and then we will pump w~ actually out to University Boulevmd so it doesn't go the wrong way . The traffic situation was another one that obviously confronled us early on. lu anybody ,. .. I . ' • • - Englewood City CouncU August 16, 2004 Page JO ·• • -• (J knows that drives that Hampden/University area, it is not good. Our goal was to rnalcc it better if it was possible to make it better and we think, on balance, that we have done that. Just to give you a flavor of the kinds of things that we are proposing to do, if you have ever driven that area at peak times you will know if you arc going south on University that there is one left tum lane and at peak traffic hour ... and it doesn't even have to be peak traffic hours, people who arc turning left sometimes have to wait to get into the left tum lane because it is short ... it is a single lane ... which causes traffic that otherwise goes straight through, to further back up. Another problem that I have witnessed myself just driving the area, is turning right off of University on to Hampden. There is a right turn pocket, but once you get barely around the corner, the curb on the south side immediately juts out toward Hampden and traffic has to stop after a couple of cars, which causes it to back up all the way down University. In trying to figure out a solution to this, we said, well, why don't we just see if we can add a lane ... make a second left tum lane to turn left off of University onto Hampden and maybe we can fix the right turn pocket as well . We decided to move our entire project at that point, after we had already designed it, to the west so we have enough land to contribute to this process along our eastern edge. We took quite a bit of our project off in order to have that right turn lane be free flow and add a second left turn lane and then move the project to the north on Hampden so that we could have free flow all the way around, so there is no bottle neck there. We think that. together with the new signal we arc proposing at the entry, which will be coordinated with the other signals in the area and control the traffic flow a little better, we think, on balance, that is going to create a much better situation for the whole neighborhood. We arc pleased to be able to do that. Obviously the shadow issue is one that we considered early on and we were fonunatc that David had a relationship with one of the premier engineering companies in the world, who has as a division a group that specializes in simulations of the kind we needed to have done. This particular group we used is located here in Denver, called Company 39, but it is a division of Parsons Brinckerhoff, which is one of the largest engineering firms in the world. They provide these design visualization services for lots of people all over the world and something that might make sense to you, is they have done this kind of study in connection with the New World Trade Center projects in New York City. They arc that well thought of. The process they go through is quite something. They take the data that is on the auto cad systems that !he architects developed ... we developed envelopes for each of the buildings, which arc larger than the actual buildings themselves will ultimately be. We gave that data to Company 39. Company 39 is then able to generate a volumetric study of the proposed buildings and then add a light source to accurately calculate the location and the length of shadows based on the season, location and time. They have been doing this, as I say, all over the world and so wc felt very confident that if we got a study like this, it would give us an answer. It would tell us whether wc arc creating something that just didn't make any sense. We had hoped to get them to give us some idea of the comparative impact between the buildings and the tall trees that now exist there, but they just simply don't have the capability of doing that. So, what I want to show you now is that shadow study, but not taking into consideration the effect of or the other existing buildings that are already there. Dean, could you show me a couple of those slides with the trees, just so they get sort of a flavor. This is Aoyd Place and these arc just some of the shots of the trees that exist there. Obviously this is the summer time, so even the deciduous trees are green, and some of the trees arc evergreens and even the ones that arc deciduous are big and have lots of limb and branch areas. He asked to have one of the shadow studies put up on the screen. What we arc able to do with the shadow study is ... we picked basically four points in time, we picked the depth of the winter, the shortest day in the winter, we picked the equinox and we picked the summer, and asked them to give us a presentation. We can run it slowly and more than once. You will see there is a time clock on the bottom and you can see how the shadows shift a( vuious parts of the day. You will notice a difference in the winter time. We didn't extend the time as early or late in the day, because we don't have light very long. In the summer time we asked them to do it to accommodate the actual light circumstance. Why don't you do the winter first. We will run it again . Using a pointer, he said this is Hampden, University, Aoyd Place, Kent Village ... so you can see that shadows don 't linger on any building very long and this is the shortest day of the year. He said do it one more time and then let 's move to a different season. This is summer and there is basically no impact in the summer. This is the equinox ... both spri ng and fall and you can see again, there is no substantial impact. Most of the year there is very little impact. .. in the winter there is obviously some, but wc wen: gratified to see that it wun 't very dramatic and it didn 't linger on any one place for very long. Do any of you have any questions for me or anyone else that we rrugh1 help answer? Council Member Moore said would you mind replaying the winter a few more times. Mr. Wells said not at all. Mr. Moore s:ud thank you . t .. i • i • • ) ( Englewood City CouncU August 16, 2004 Page 11 Mr . Forstmann said, again, that does not talce into consideration the trees which we cannot include. It did seem to us , after the study, that if you could include the trees, that the additional shadow for that particular area would be de minimis. Mayor Garrett asked if there were any questions. Council Member Bradshaw said I have a question about the placement of the buildings. Why arc the bigger buildings to the north? Mr. Tryba said just to be very clear, we have an opportunity because of the natural slope of the site. Over on Hampden we are IS feet higher than we arc to the north of the site, so we placed the tallest buildings to the north of the site, so that we could essentially bring them down by two floors . So if we put them to the south side, the same mass would appear two stories higher. We wanted to work with the natural grade of the site ... number one. We also ... from anywhere on the perimeter of the site ... we wanted to aucmpt to disguise, from both Hampden and University, and for the neighbors again to the south and the east, we wanted to attempt, to the best of our ability, to disguise the fact that there was any mid or high rise buildings lhcrc whatsoever. We often brought this model to our neighborhood meetings and asked people to put their eye down at grade and to DX>VC around the site and you can sec that indeed the angles were carefully studied so that they would minimize the heights of the buildings and you would see the roof on top of the roof, on top of the roof of the foreground buildings, which arc essentially two and three story buildings . So, it was kind of a clever way to disguise the entire project by spiraling from the west all the way around to the east and then ultimately to the north to minimize the impact of the height. Council Member Moore said could we go over the traffic changes. Is lhcrc still a plan for the light ... a light to be added north of the intersection? Mr. Wells said yes, right here. Mr. Moore said that is still part of this? Mr. Wells said yes it is . Mr . Moore said that and the ocher improvements, arc they all approved with COOT as well? I mean with the other governing bodies that would have a say beyond Englewood? Mr . Wells said we have been talking with COOT and we will be malcing applicalioa to get whalever permits we need from COOT ... our traffic engineers have spoken to them. Mr . Moore said can I clarify if on our end, if we were going forward with this, is it conditional also on those things ultimately being approved? That is. what if those changes arc not agreed to by the State, how docs thal impact our end of it? Ms . Langon said one of the conditions of the PUD is thal all public improvements be completed and if the ri&ht tum lanes or the dual lefts or the signal improvements, the intenection improvements arc not permitted, then that would affect the outcome of this project. Mr. Moore said thank you. )just wanted to make sure that was clear. Council Member Woodward said I have a question about this . On the west side, the IO fooc fence and up to a IO foot fence on the north side ... on the OQrth side my question has to do with the neighbors and the shadowing impact of that IO fQO! wall there . Mr . Wells said frankly it was not our desire to build a 10 fOOI fence . We have agreed to do so, because that is what our neighbors wanted . I think Clarold Morgan is here to speak to that on behalf of Kent Village and Ron Pickens on be half of th e others. We are simply trying to accommodate their desires. Co uncil Member Woodward said okay, we can address that lalcr then . Another question I had wu reprdina the storm drainage to University . As I undcrstood it, the parking wu undcmcatb, baically, DIOll of the interior of the si te . Mr. Wells said that is true. The puking is underneath. but it wu daiped with sufficielll room to have holding tanks so that if there is an extra large storm we have a place to bold it, so we don't have to run it off liie ~' then we ca n get it out to University. Actuall y. Mr . Wells said, Mr . Tryba can address this . Mr . Tryba sai d ac tuall y the dclClltion is not inside the parltiq suucture. It is~ partina llnlCt1RI in its own separa te structure underneath the street to the nonh. And, tbaa baa t-11 carefully casi-ed ID be ICplrllC from those structures. ' ... .. • • 0 Englewood City Council August 16, 2004 Page 12 ·• • •• G'l, t ' -~ Mr. Woodward said so it would be pumped into storm drainage? It would be pumped into storm drains then or would thi s be pumped up onto the surface? Dean Foreman said I work with David Tryba Architects. Yes, you are absolutely correct. The detention is held in a vault underneath this portion of the site (indicating an area on the screen}, the large vault underneath the streets would hold historic rates and then the drainage would be pumped back out into the storm sewer here (he indicated South University Boulevard). Mr. Woodward said it is pumped underneath the surface? Mr. Foreman said yes . Mr. Woodward said okay, thank you. Council Member Bradshaw said historically Romans Park has held water up to above the tennis nets when it rains there and I have seen that. And, my concern is the natural slope is to go to the north and how are you going to mitigate that? How is that water going to get into that vault? Mr. Foreman said my understanding of the preliminary design is that although this site does grade off this way, that there would be inlets along this that would pump back into that ... or drain back into that and then pump out. So, we are collecting the water along this green space along the back and diverting it into the vault. And, also the streets collect water and they drain back into the same system. So it is all a unified system. The site drains from here to there, about 15 feet ... naturally. Ms. Bradshaw said so you are going to solve that with pumps ... pumping it back? Mr. Foreman said yes, it will drain naturally into inlets and then into the vault and then pump out into the system that handles the storm water. Mr . Bradshaw said so it will naturally drain into the vault? Mr. Foreman said yes. Ms . Bradshaw said it won't have to be pumped in? Mr. Foreman said no. Mr. Bradshaw said okay. Thank you . Mayor Garrett asked if there were any other questions for the applicant. There were none. He thanked the applicant. Mayor Garrett said we have a series of people who would like to speak at this Public Hearing. Louise Myers. 2269 East Aoyd Place, said there are approximately 30 families living on or considered pan of East Aoyd Place. I counted just six or seven home owners on our street who have spoken in favor of lhis development. A couple of these home owners have expressed their fear that another developer may put in low income housing if this project does not go forward . JVF Developers have stated their belief that our property values will increase and some of my neighbors who want this development have bought into lhis. Common sense tells me that this isn't going to happen for a long, long time. There are several of us who are frustrated, because our voices arc falling on deaf ears. There are already several "for sale" signs on our street and if this development goes ahead as planned, it will precipitate decline of our neighborhood as we know it. Clarold Morgan , 3440 South Race Street, I am the President of Kent Village Home Owners Association and also a resident of one o f those distinguished buildings you see to the west of the project, right on the property line . So, 1 speak, not only for the Advisory Council of our Association, which was formed to study this matter, but also for our Board of Directors and for my wife and me, as a boundary line citizen. Kent Village Association has been involved in this project, almost since the beginning. That is to say, in April of last year we were involved in meetings with Dr. Craig Williford, who is the President of the Denver Seminary and this was at the time when we knew something was afoot, but neither we. nor the Seminary knew exactly what was going to transpire in this development. Dr . Williford and hi s staff and hi s consultants were helpful to us and we made it our business to stay in touch with the progress of the project. In November of last year it became rather evident to us that something was going to happen and we formed. at the association level, a special projects study committee and that committee had the responsibility of evaluating the documents and of advising the Board of Directors on what steps, if any, should be ta.ken in response to the proposed PUD. At that time, we retained the services of Cahen Architectural Group. The principal of that firm is here to ni ght and he will also supplement these comments and remarks. We have met members of the staff. with Tricia and Bo b. We have hosted meetings in our club house at Kent Village. with neighborhood associat ion groups and others. to determine what the sentiment of the neighborhood was. economic impact, feelings as to the various issues and believe me , the words traffic and shadow and drainage have been spoken many times and we understand that . Finally. we have met a number of times ... at least four face to face meetings with Mr . Forstmann, Mr. Tryba and John Wells and hi s organiution, in onj« to explore the proposed plan and the details and work out some problems we foresaw for Kent Village and the surrounding neighborhood . ln short. 1 simply tell you these things to let you understand that we have thoroughly investigated thi s j)IOject to our satisfaction and to the t .. .. • • ) - ( Englewood City Council August 16, 2004 Page 13 ·• • • satisfaction of our consultants. ln the village we have some rather professional folks, including attorneys and so we come, we believed, informed in the matter and equipped to know where we arc headed. The board has worked through these projects, our membership has attended meetings, and been kept informed through our V illagc Newsletter. So, on balance, we have the information and we have evaluated the information. During this process, we asked the developer for two dozen ... 30 different changes, in the PUD that was ftrst proposed and laid on the table. And we expected a battle . And wc were dug in and prepared, that's why we had consultants and lawyers involved in the committee. But to our surprise we didn't get that response at all. We got a professional, courteous and informed response and we believed, and we do now believe, that this development was conceived with the City, the neighborhood ... including Kent Village, in mind . Not that it doesn't have its problems, but I am sure that there would be no development of this area, that can be proposed, without those kinds of problems. So, in balance, wc think this ... there is a better use of that property and that is probably a golf course or a swimming pool or a tennis court. But short of that, it is our opinion, after these various meetings, studies, discussions and debates, that the PUD application before you now, with the changes we have developed with Mr. Forstmann's group, is appropriate and wc heartily endorse it. Now I emphasize the notion "with the changes we have agreed" because there arc some things at Kent Village that we arc worried about. Included in the PUD is the commitment of the developer to build a 10 foot sound barrier wall, extending 50 feet inside our east boundary, all the way to the north boundary of our property. lf you have been to Kent Village, you know that there is already a 10 foot sound barrier wall installed at Kent Village. That wall runs along Hampden and then comes northbound at the Seminary property line for about 50 feet. ln other words, there is now an existing wall. Tricia has mentioned and the developer has mentioned and Council has questioned the lO foot wall . l call your attention to the fact that the existing wall was built in partnership with the City of Englewood. A 10 foot wall was appropriate then and wc concluded that we started with the idea and possibility that perhaps a higher wall would be what would be desired to protect the village. But, on balance, based on the recommendations of our architect and the discussions we have had, we believe a 10 foot wall is the appropriate wall . This has a sound attenuation feature built into it and it matches the wall that is presently there. Therefore, we arc strongly in favor of it. We know that this is not going to be a smooth transition, no matter what is said . There is going to be dust and noise and exposure to intrusion and all sorts of problems that arc inherent in any project of this magnitude. And, while we arc not excited about it, wc believe that the mitigation feature we need the most is this wall and the developer has committed, in the PUD, to install this 10 foot wall prior to beginning demolition and other destruction. We believe that is the keystone of the protections to Kent Village. And we also commend the developer and he and his staff and their professionalism to recognize this and to be willing to make the commitment to do it. So, I hope that answers any questions you may have about it. We believe strongly that this is a quality organization, with a quality project and we look forward to being neighbors after the dust settles . I will be happy to answer your questions, he said. Council Member Moore said just to clarify ... for Kent Village ... you arc able to speak for the Village and decisions about fences on the property line and everything in that respect, arc made by the Association. The land, in a sense, is not individually owned, more so the building arc. Is that correct? Mr. Morgan said the land is owned as tenants in common, subject to the declaration of Kent Village and is go•--cmed by its Board of Directors. The Board of Directors oversees and has the authority to deal with the common element, which includes the fence and the grass area around it. Mr. Moore said thank you. Counci l Member Moore said the 10 foot wall makes more sense in the case where it is clear both parties have agreed to it . It is a different issue than. perhaps, on the north side were wc arc talking about individual homeowners, but I re s pect that decision between Kent Village and the developer. Mr. Morgan said I understand and it was also the agreement that the wall on the north would be up to 10 feet and I certainl y encouraged that kind of exchange. so the wall is properly configured for their needs . For our needs, the 10 foot wall is what we believe is indispensable. Counci l Member Moore said please confirm ... thc other issues that you said you needed addreiied ... those agrttmcnts have been formalized in the PUD? Arc there still qrecment5 that have DOI been formalized in this document. that yo u arc Just trusting they will be taken care ofl Mr . Morgan said oh yes. Indeed, there arc a lot of things we arc trUSting to the professionalism of the developer and the profcuionalism of the COlllraetor. We bad an opportunat 10 meet with a representative of the contractor, very bncfty, but we received assurances from t,!ic ' ... • • 0 Englewood City Council August 16, 2004 Page 14 ·• •· • contractor that they were going to hold periodic meetings with the neighbors in order to iron out problems. And, he sai d, believe me ; we'll be there. Mr . Moore said thank you . Council Member Barrentine said your Board is made up of the homeowners that reside there? Everyone who lives there is part of the Association , by fact that they live there? Mr . Morgan said yes. Council Member Barrentine said how is your Board chosen? Arc they chosen from residents? Mr . Morgan said they are elected and you have to be an owner to be a Board member . Ms . Barrentine said okay . Council Member Barrentine said just to clarify . I can understand that you were referring, probably, to meetings as a result of construction problems . But everything that is-significant, like drainage, the walls, the shadows ... any of those more significant issues, have all been formalized in this document, as far as you arc concerned? Mr . Morgan said they have . In fact we did a shadow study before the developer showed us their shadow study. Because, as I tried to illustrate to you earlier, we didn't go into this with a half-hearted effort. We went into it with the desire to do it right. That is why Mr . Cahcn, of the Cahcn Architectural Group, can amplify and answer some of your questions. Because they have all been cor.sidcrcd . Council Member Barrentine said, might I ask, was your shadow study comparable to what they did? Mr. Morgan said yes. Mr. Cahcn can explain any differences. Council Member Barrentine said I wanted to know whether he convinced you that it was the same or not. Mr. Morgan said he did . Ms. Barrentine said thank you. Mayor Garren asked if there were any other questions. There were none . Mayor Garren thanked Mr . Morgan. Craig Cahcn. with the Cahcn Architectural Group, said, as Mr. Morgan pointed out my firm was retained by the Kcn.t Village Association to analyze this development on their behalf. The extent of my comments relate to Kent Village solely . I'll answer any other questions you have. Not to repeat what Mr . Morgan said, but I will just touch on a few highlights . We analyzed the impact of this development, again, as it affected Kent Village . There were some issues that were brought up and I do want to address them briefly. First and foremost, drainage. Presently, there exists a drainage problem , from the current Seminary . I believe Council Member Bradshaw brought up the fact that , yes it docs flood to the northwest and ii docs so across Kent Village property . This development, with the perimeter drain sys tem that Mr . Forstrnann brought up, will in fact stop that off-flow of water onto the Kent Village property , which we arc very excited about. With our monsoonal rains, ii docs become quite a problem. That wa:cr will be directed to the retention pond and then taken off site. What was encouraging in working with Mr . Forstmann and Tryba's office, was their ability to adjust to some demands and requests that we had made . Set backs were extremely important to Kent Village , as I am sure they arc to the neighbors to the north . This project , or at least the original zoning of the property would allow a building 60 feet tall and 15 to 20 feet away from the property line . As you can imagine this was a concern to Kent Village . That is a pretty tall building, very close to a property line. Our stud y proved that the shadowing of the 10 foot wall is basically de minimis , it's the 60 foot building that is the problem . When we brought this to the attention of the developer they agreed to modify the townhouses that surround this property, both on the west and north side . That encourages the buildings to step back as they go higher in the air . On the three-story building they agreed to remove dormers, which would, again, bring buildings more fo rward, thus cas ting further shadows on the adjacent property . So I would commend them on their ability to adjust their design . The architecture for this development. as far as my comments to Kent Village arc concerned, is very impre ssive . Thi s is a high quality, very long term material development that, architecturally speaking, we feel is an asset not only to the new neighbors to the property , bur also to Kent Village and to the City of Englewood as a whole . The cove nants that we 've asked for and have included in the PUD documents, as far as other additional informati on that wi ll be brought forward once this development is , hopefully, approved, again demonstrates that thi s is a long term benefit to the neighbors . Denver Seminary. as the high quality institution that it is . is somewhat of a transient project ... de ve lopment , there are people that come and go . Kent Village is looking forward to having a more permanent neighborhood base to share their neighborhood with . The shadow studies that Mr . Morgan rdencd to ... I'll JUSt repeat th at we concur with Mr . Tryba's consultants . The shadows that are cast by this development do 1mpa t Kent Vill age . They arc very minimal as far as Kent Village is conccmcd . The neighbors 10 the north . as )OU ' ) · .. .. . • ' • • - C ., 0 C Englewood City Council August 16, 2004 Page 15 ·• • • have seen on the screen, have a little bit more of an impact. Our shadow studies show that the large shadows arc really in the months between November and February. Once you hit March to October, shadows don't fall on the houses either to the west or to the north. That I can confirm. Lastly, the fencing issue ... the 10 foot high wall was not an arbitrary decision. As Mr. Morgan pointed out, there is a precedent for it: (I) design continuity is very important, but these are two and three-story townhouses. Primarily activities will be had by the new neighbors on the main living area and it is very important, based on a grade difference, as slight as it is, that we wanted to give privacy not only to Kent Village, but also to the new neighbors to the cast. That is why, based on the average distance off of the property line to the Kent Village townhouses, a 10 foot high wall is the bare minimum. We actually started off with a 12 fool high wall. As negotiations go, we settled on the 10 foot. Anything less than that, quite frankly, is insufficient, in our opinion. I am here to answer any questions you may have. Mayor Garrett asked if there were any questions. Council Member Tomasso said since the wall will be constructed first, what will happen to the water if you have a monsoon? Will it be directed just off the property into the north neighbors, if the wall is constructed before the drainage is set up for it? Mr. Cahen said actually it is a Nova sound wall, is what it is called. And, it is not built on a continuous footing. It is built on columns, if you would, in the ground. So therefore, until the final grades arc set, it will be just like it is today . Water is going to run underneath the wall because, according to the documents I've seen and the preliminary grading information, in order to trap the water before it goes off site in the future, those grades arc going to have to be pulled up slightly to create a swalc on the west and north property, where the water will be directed into catch basins and then into the detention pond. Council Member Moore said the adjustments you talked about in terms of the architecture and changing the dormers, those are, again, verbal agreements or those are reflected in the final PUD application? Mr. Cahen said no, Mr . Tryba's office actually agreed, along with Mr. Forstrnann, to add two sections to the PUD documents that demonstrate the requirements of those setbacks. It is on the PUD d.xumcnts. Mr. Moore said thank you. Mayor Garrett asked if there were any other questions. There were none. He thanke!d Mr. Cahen. Ginger Hecht said I reside at 3889 South Vine Street, which is in Denver just across Dartmouth from the Planned Seminary Development. I am currently president of the Cherry Hills Vista Community Association and I represent over 500 homes that arc in the Denver area within the City and County boundaries and arc bounded by Dartmouth on the south. Yale to the north, Franklin to the west and University to the cast. I have been involved as a neighborhood resident with this Seminary project at the request of Councilwoman Peggy Lehmann since, pretty much since the inception. I missed the first meeting, but was present at most meetings since that time. I have been involved with committees and participated in neighborhood meetings and facilitated forums to disseminate information about this proposed development to our local constituents. I am here tonight to speak in favor of the proposed development, on my own behalf, as well as to represent the majority of voted position of support for this project from Cherry Hills Vista Community Association. We favor this planned community for a number of reasons. First. our primary concern for the Seminary site is that it houses a quality project that will increase the desirability a nd the value of our neighborhood rather than depreciate it, with a high density, multi-family apartments as the current zoning allows. In planning this PUD, Mr. Forstrnann and Mr. Wells have enlisted the expertise of a local. award winning architect and planner, Mr. Tryba, who has thoughtfully designed a beautiful community integrating vario u s residential styles with high-end retail. It is our opinion that this is a truly desirable and attractive project that will benefit all of the surrounding communities. Secondly, the proposed Seminary project will not only provide Englewood with additional revenue, but will provide the services and conveniences to the local residents . These servi ces and conveniences will notably enhance the desirability of our neighborhoods and hopefully have positive impact o n overall property values in the surrounding area. Since the inception of the Seminary PUD many issue~ have come to light. They have been discu sed and considered carefully and negotiated. Most have been resolved . Mr. Forstmann and Mr. Wells have worked diligently with many neighbors . They have reached out to introduce their project and to embrace the concerns of individuals. 115 well as communities as a whole. They have invited feedback . they have been honest and they have made concessions whenever possible. They have acted in good faith and arc committed to building a high quality residential development in a timely, professional and responsi ble manner. We of Cherry Hill s Vista Communi1y Association strongly support this potelllially world class development project. Thank you. ' .· .. .. • • Englewood City Council August 16, 2004 Page 16 ·• • • Mayor Garrett asked if there were any questions. There were none. He thanked Ms. Hecht. Tom Sanders, 2369 East Floyd Place, said I am also speaking for my neighbor, Sandy Kettclhut who lives at 2299 East Floyd Place. Our neighborhood is immediately north of the development and it will be directly impacted by the development. After attending many meetings in the neighborhood and presentations, we believe that the project is a well done, high quality development. W c believe this project will benefit our neighborhood and the City of Englewood . We whole heartedly support the project and urge you to approve the zoning. Mayor Garrett asked if there were any questions for Mr . Sanders. There was none. He thanked Mr . Sanders. David Binkowski said I am the broker and owner of a company called Real Estate of the Rockies. We have 25 agents currently working with us throughout the Denver area. I live at 3277 South Corona Street. I also own 3290 South Corona Street and 3208 South Corona Street. You probably don't know much about them, they arc not much to look at right now. My wife and I have just moved back to Englewood . We have been property owners here since 1993 and wc just moved back from the Westminster area. I have to say that I am not retained, by the way, in any way, by the developer. We moved back here because we feel as though Englewood is an extremely good, central location . I think it is time for Englewood to take advantage of its central location. We plan on developing our first home, which we pulled our first permits on yesterday, as a matter of fact, which is a very high-end home for Englewood ... somewhere in the neighborhood of $700,000.00 or $800,000.00 retail value. Once wc saw this project in either the Rocky Mountain News or the Denver Post. . .like in February or January ... this was a huge plus in our decision to come back down this way. We arc fully in support of the project. I think !here arc some things about Englewood being central that everyone needs to remember. Number one: we have the redevelopment of Cinderella City which we all know, we arc standing in the old Foley's building ... a huge project that has been a coup for Englewood and the Light Rail right outside the door. We also have Swedish Medical Center. which if you have noticed on Clarkson, has tom down an entire block of homes and whatever else was there, I can't remember even though I have driven by it a million times. And, that it is time for residential development, as well as the type of project that the developers are pushing for right now. We arc pushing for the residential side and in fact, wc arc investing in our own home, which is going to be the one at 3290 ... that jwt got the permits pulled ... again, very high- end homes . We arc also only tearing down homes that have such major structural issues that it is just not worth saving them anymore. Most of them were built back in the 30's. I think some of the things that people need to remember is that. as far as home values go, my personal, professional opinion, is that these homes arc actually going to increase in value . Being close to a project like this is going to help them. It is going to be walking distance for a lot of these homes, especially the ones on Floyd Place that seem to have most of the issues, it seems to me. To be able to walk to a project like this is a big plus and will be something that adds value. Not only to the homes immediately around it, but also on the 3200 block of South Corona, which is about a mile to the west and to all of Englewood and the rest of the area. Take for example ... this is on a much smaller scale ... but take for example - Stapleton. We all know what Stapleton used to be. All the old homes in the neighborhood immediately started to go up in value, as soon as Stapleton was shut down and everyone knew what was going on. I think the same thing wo uld happen with thi s project. Yo u can look at Lowry and most recently, the old Villa Italia Mall . It has all been tom do wn . Belmar is the name of it. All the homes in the immediate area immediately shot up in price. We also ha ve to remember we are in a fa irly stagnant real estate market right now. Appreciation is not much more than about 1-2 percent ri ght no w. That is even pushing it in some neighborhoods . In conclusion, I will just say that we are , again, completely for it. We think the entire community will benefit from it and that Englewood needs to understand that thi s is a hidden jewel in Denver and with all the development going on outside the immediate Denver area, Englewood is a very central location and having something like this to draw people to it, to purchase these ho mes. other homes, new homes that arc going to be built in the immediate area, is a huge plus for the City and everyone should take that under advisement. Thank you . Mayor Garrett as ked if there were any questions . Council Member Barrentine said I am sorry, I didn 't hear what street you were on. Mr . Binkowski said 3290 South Corona Street and it ha s been a vacant lot for a few months and I'm working on that. Mayor Garrett said 3277 South Coro na Street. Ms. Barrentine said but he is building at 3290. Mr. Binkowski said yes, we arc living in three houses ri ght now. ' .. • • ) ( 0 Englewood City CouncH August Hi, 2004 Page 17 ·• • • Peter D. Pappas said I live at 1701 East Cornell Avenue in Denver, which is just nonh of this development.just nonh of Dartmouth . I am an architect and planner in the Denver area . I have an office on South Downing Street. .. 2422 South Downing Street with Pappas Friesen Architecture. I have been involved in projects similar to this and have appeared before Planning Commissions, City Councils and such, all over the country and presenting projects also. With that, I think I have a particular insight into the amount of work that goes into a project like this ... both on the side of the developer, on the side of the architect, and on the side of the City planning staff. I think a note should be made that it is obvious, and clear, with this project, lhat the developer has worked very, very hard with all the neighbors, with the City and with the architect. I've worked on a project with Tricia Langon here in Englewood at the corner of Danmouth and University ... shc is the utmost professional and has the best interest of everyone involved when you work on a project with her. I think as you look at this project you have to take ii as a whole , because you cannot take the pieces apart of this project. It is far too complex a project to try to look at in an hour or hour and a half and say, is this good for the City , is this bad for the City, docs it solve problems with all neighbors and such? There are hundreds of hours , literally, that have been put into this project by the neighbors, by the City, by the architect and the developer. They have looked at many, many, many more things than I can stand up here and think of, than anyone can think of on a project lii.c this to sec ... can we solve all these problems. They have taken that and I think, when you get to the bottom line, they have solved many, many, many of the problems and issues on a project like this and solved them very, very well . You have to look at traffic, you have to look at safety, drainage , utilities , property values, shading effect on neighboring properties, effect on economics ... all of these things . When you look at all of these things, all at once and take a look at what it docs for Englewood, then you look al what it docs for the State of Colorado and the City of Denver, look at urban density , look at new urbanism , look at growth problems. This creates housing in the City, it creates retail opportunity in the City, it centralizes it, it docs not really create what people say is a traffic problem. It creates a better traffic situation than we have there now . They are improving an intersection, that without this project, would cost hundreds of thousands of dollars to the City of Englewood, to the City of Cherry Hills Village, and Arapahoe County. The developer is giving, basically giving those things to the cities involved to create a better intersection there. It helps traffic. It centralizes . People will live here and they may commute into downtown Denver to work. These people are not living further south, living further west ... you arc stopping the urban sprawl . So laken as a whole, this entire project has probably about a 95 percent good, plus value to maybe a minus 2, 3 or 4 percent detriment to certain different things . I guess all I am saying is take a look at this entire project and I think it is a huge benefit to the City of Englewood and I recommend that you approve it. Thank you . Mayor Garren said thank you very much. Don Herzog said I li ve at 2130 East Eastman in Englewood just nonh of the area in question . II is called Hampden Hills ... it's a very nice community. My wife has lived there for 30 years and we arc very happy with the community . The last time I was in thi s hall, we got approval to get a variance on making some improvements on our house. We have done that and we are very pleased with what we have done and we feel that we have invested in the City. Fortunately, for all of you who enjoy a little bit of a debate, I would like to take the minority view. I didn't realize this was going to be such a big happy family on this issue. I was hoping there would be some discussion about what so me of the problem s might be, instead of just discussions about all the benefits. There is no doubt that it is an eco nomic force . The economic benefits to various organizations, the developer, the City, its taX base and so on, are very str ong and I think clearly that the developer has done a lot of good work and appears to be a quality developer who is going to try to make a good project. But, I think. we have ignored some of the important issues in terms of the human impact. These iss ues , I'm afraid, have been glossed over to some degree and I am very conccmcd about them in term s of: (I) traffic on University and Hampden . Again, some people drive through there, but we live very close to there and we often get on University coming out of either Floyd Place or Floyd Avenue onto University . There are times that you cannot get on to that street, period . If it wcrcn 't for the good grace of some driver&, you would be out of luck ... even all the way up to Dartmouth , which is up to the next traffic light further up. So, it is a ve ry conge sted area . My belief is that simply putting in another left turn lane is not going to solve that problem. And pulling in a traffic light at the e:itrance to the development is actual ly going 10 make the problem wone and in my opinio n, spread it on back north on University. ln addition, 1oin1 down Hampden in the afternoon traffic is really difficult and when you add another lane of traffic tryin& to merae into traffic goina down Hampden .... my gues , and I can't pred ict the future , but my guess is that the traffic is going to be much worse than it is now, in spite of arguments to the co ntrary. In addition. you know the Denver Seminary is a very quiet place. There is not much traffic in and out of that place at present and so when you swt addina 60,000 1quare feet of retail space and 3SO dwellings, town homes and so on, in a small area like this ... a relauvely small area .. .I think the c:onaesoon is going ' ... .. • • Englewood City Council August 16, 2004 Page 18 • • to be unbelievable . I hope that, while I don't expect you to really manage to vote against the project, I would hope that you would .. .I really hope that you think long and hard of what the impact I think is going to be in terms of just traffic alone . There is another issue that is not really talked about, but keeps coming up and I am surprised that no one bas mentioned it and that is the question of parking and safety. We've got all this underground parking for all these dwellings and particularly the women in the audience, I think, can appreciate the issue of being in a parking garage at night and the safety issues. What issues arc being addressed in terms of women's and person's safety being underground in a parking garage, below a bunch of residences where people are free to come and go, as I understand it in this location? So, I think there is a safety issue that needs to be considered as well. In addition you know, while I appreciate the comments from the people who have been involved in this with the developers and so on. quite frankly, I don't think anyone in our neighborhood, certainly no one I've talked with or that I know of, has heard anything about this development until late in the game. We saw a small sign posted on the corner of Hampden and University, this very busy intersection right here, which is very difficult to sec, was the first meeting we saw and we had already missed that first Council meeting. We were alerted to it and we had to be proactive to find out about it, so none of the developers ever talked to anyone that I know of in Hampden Hills about the impact that it might have on their community . Again I say this is a very nice project and I'm sure it has a great deal of benefits, but I just think it is the wrong place unless there is some serious, significant changes to the traffic issue here and I have serious doubts, as well, that it is going to improve property values . I just hope that I am wrong and I hope that you will consider my comments. For example, the Council member who asked the question "what if COOT does not approve of these changes in the traffic pattcms'r' The answer that was given was that it will impact the development, but that doesn't answer the question that I have, which is how will it impact the development? Docs that mean the development will not go forward or docs that mean that we arc just going to have to live with an even worse traffic situation if COOT docs not approve these? So I think the devil is in the details of course and there are some of these issues that I really hope the Council would take a serious and hard look at and make sure that the community and the members of the Englewood City arc protected. Thank you very much for your time. If you have any questions, I would be happy to answer them. Mayor Garrett said thank you very much. Pat Montgomery, 2238 East Aoyd Place, said my property abuts the proposed development. I spoke before you at the very first meeting and nothing has changed to change my opinion. Yes, there will be changes in the neighborhood. There are going to be changes anyway. The crux is I intend to stay in my home. I have no intention of selling and no intention of leaving . There will be changes, we all know that, but we want changes that arc positive and I think this development will be an improvement for the City of Englewood. It will improve my propeny significantly. I am not going to have a parking lot right in my back yard, which I have now and could have with another development. Mr . Forstmann has been most cooperative . We will have a buffer of landscaping behind our homes , which will enhance our homes and make them much more attractive than they arc now. We arc going to have noise, we know that. We arc going to have dust .. .like Kent Village, we arc prepared for that, but no matter what development goes in there, that is a given . And, I think the proposed traffic changes arc definitely good for all ... not only Englewood, but all of southeast Denver. That should have been addressed many years ago. So, I encourage you tu work with this developer and approve this project. Meli ssa Gro ss man said I live at 3499 South Clayton Boulevard, which happens to be on the map right on the bottom comer here . you can sec my house . I am the treasurer of Cherry Hills Heights Water and Sanitation District. We arc 53 homes directly to the east of the proposed development. Thankfully, we were able to reach an agreement tonight with JVF on so me proposed changes that they are going to make and so we support the development. Thank you . Council Member Moore said could you elaborate on what these changes arc ... what the agreement is between you and JVF . Ms. Grossman said sure . Primarily we arc going to work with them to build a wall g feet in height that will go from the intersection at Hampden along University to the southern side of Aoyd. Mayor Garrett said the propcny on the west side? Ms. Grossman said this is going 10 be on the cast side ... on our property basically. That is the primary agreement and then we have a few other things that we have ag,ecd IO do as well . They have ag,ecd to pursue a three-quarter turn , to the best of their ability and good faith witb COOT on Hampden. So, Council Member Moore said. going west on Hampden, north on University? Ms. B&ITClllinc said maybe so meone would loan you their pointer , so that we could see it on there . Ms . Grossman said yes. right where that entrance is there . Mr. Moore said I am sorry, can you expand on that plca.se . What is the idea? Ms . Grossman said ' .. • • ) ( ( Englewood City Council August 16, 2004 Page 19 ·• • • so that you can tum left into the development from Hampden there ... a three-quarter tum. They have agreed to pursue that in good faith and to the best of their ability . Council Member Moore said let me clarify with staff. So while some of these other issues would stop the project if COOT failed to approve them ... for the three-quarter tum ... they will pursue it, but if it doesn't go through the project is not halted? Mayor Garrett said it sound like a non-PUD issue . because it is off site . Planner Langon said correct. Mr. Moore said well this one could be a PUD issue ... if Englewood was pursuing that . Correct? Mr. Forstmann said the Seminary used to have that right. One year, and I don't know exactly when, but COOT came along and blocked it off and they never protested that particular inability to go on the three-quarter interchange ... the three-quarter tum. What we have agreed to, with some of our neighbors, is that we would entertain talking to COOT and if indeed they would agree to reopen that issue, we would certainly pursue it. We see nothing that hurts anyone and conceivably it could help . So we said we would Io n · into it and see what we could do regarding it. And we do believe if we can get it, it is in everyone's best interest. It could take some of the pressure off the interchange . If we can't get it, we can't get it, but that is where it is . Council Member Moore said thank you . Mayor Garrett asked if Council Member Moore had any more questions. Council Member Moore said he wasn't sure if Ms. Grossman was finished with her list of agreements . Ms. Grossman said those are the primary items, frankly. Mayor Garrett said thank you . Council Member Barrentine said could you show me where the wall was prior to the change thing? Ms. Grossman said prior to which change? Ms . Barrentine said that was your first item that you brought up . Ms . Grossman said you mean the wall that they have agreed to build for us? Ms . Barrentine said yes . Ms . Grossman said we are panicipating. They have agreed to fund 70% of the construction of the wall and we will participate 30% of the construction of the wall. It will begin on the comer of Hampden and then go all the way to the northern corner of Floyd. Ms. Barrentine said thank you . Mayor Garrett asked if there were any more questions . There were none . He thanked Ms. Grossman. Ron Pickens said I am a propeny owner who resides at 2298 East Floyd Place, which is adjacent to the nonh property line of the Denver Seminary. I am also the President of the Architectural Control Committee for Hampden Hills Block 8, 9 and 10, but I am here speaking on my own behalf. First I want to thank the Mayor and the City Co uncil for the opportunity to speak at this meeting. Second, since the first public meeting was held on January 13, 2004. I have had many questions and concerns about this redevelopment . In the course of the last eight months, I have talked with Tricia Langon, Senior Planner for the City of Englewood. She has been very helpful and has answered a lot of questio ns co ncerni ng the existing R-3 and the proposed PUD rezoning. Third, I have met with the developer. Mr. Forstmann, and the architect, Mr . Tryba with many concerns and (JUCStions concerning this project and how the Denver Seminary redevelopment would be phased and completed. They have responded back to me with answers to each of my questions and with additional information pertaining to the redevelopment, if approved . They have been very cooperative and willing to share with me any details that I needed clarified. I have now reviewed all of the information provided by Tricia Langon, Senior Planner, the developer, Mr. Forstmann and the architect, Mr . Tryba. Phillip and Diane Mumford who live at 2368 East Floyd Place, Dave and Liz Meissner who live at 2338 East Floyd Place and Kay Johnson who lives at 2308 East Floyd Place ... all who own adjacent propeny, to the north property line of the Denver Seminary, could DOI be here tonight and wanled me to speak on their behalf. They. along with myself, are all in agreement and support the rezoning of the Denver Seminary propeny from the existing R-3 to the new proposed PUD rezoning . Again. thank you for your time and do you have any questions for me? ' .. ,, • • Englewood City CouncU August 16, 2004 Page20 Mayor Garrett asked if there were any questions for Mr . Pickens . 0 Council Member Moore said can you elaborate on your thoughts about the wall between the northern properties and the Seminary property. Mr. Pickens said yes, I would be glad to do that. We have had various meetings and at the meeting on January 13, 2004, we proposed four main issues, with a number of key items under those . The number one issue was traffic, the number two issue was utilities, the number three issue was redevelopment implementation and the number four issue was quality of life. One of the things in there was the existing wall on the north propeny boundary. I have talked with the majority of property owners on that. W c wanted to do something that would alleviate noise, but would also alleviate dust as much as possible and would be a win/win, not only for the new development, but for the propeny owners on the north boundary . After conferring with Clarold Morgan and finding out who did their Nova sound wall, I was able to obtain information, documentation and specifications on that wall. Then also, some of our concerns that we proposed to Mr. Forstmann and Mr. Tryba was that we would like a Nova sound wall in and on the north property boundary. When we looked at that, they agreed to put that in the PUD . Our neighbors to the west would like it to be JO feet. We aren't sure if we want 10 feet. Conferring with Mr. Wells, he says you may want to consider an 8 foot wall, as opposed to a 10 foot wall. On the north property boundary, we have a retaining wall that is approximately 4 feet high. It has been there since the conception of the Denver Seminary. That retaining wall may come out or it may stay depending on what they find when they start excavating. So again, after and if the redevelopment is approved, then Mr. Wells has agreed to meet with the property owners to correlate and come up with what we would like on the height and color, etc., etc. We feel this is a very initial first step of construction as it will be, like I said, a win/win for not only the neighbors on the north property ... it will eliminate sound, dust and keep it to a minimum if at all possible. Also once constructed, it would be a win/win for privacy on both sides. Council Member Moore said do you mind saying how many houses off of University you arc? Mr. Pickens said I am lot number 5. There are 8 homes adjacent to the north property boundary and of these people who could not be here tonight ... Mr. Mumford, Mr . Meissner, Ms. Johnson and myself ... we are all for the project We have had various meetings with the developer and with the architect. Mr . Moore said I was actually curious for you personally, how far off of University are you? I am interested in the shade issues on your house. Mr . Pickens said we are in lot 5. Mr . Moore said translate that for me ... 5 houses in from University? Mr. Pickens said 5 houses IO the west of University . Mr. Moore said okay and how is your house impacted by the shade? Mr. Pickens said we do realize there will be some shade issues and we are willing to have tradeoffs on that, for the gains that will benefit us from not mlly the wall, but from the new development. We feel it is a win/win scenario for Englewood. for thc neighborhood and for all of southeast Denver. Mr. Moore said I'm sorry, the other parties you mentioned that you arc representing tonight , what lots arc they in? Mr . Pickens said okay . Philip and Diane Mumford are in lot 2, Dave and Liz Meissner in lot 3. Kay Johnson is lot 4 and myself and my wife arc in lot 5. Mr . Moore said so those other homeowners arc even closer to University, correct? Mr. Pickens said, yes they arc. Mr. Moore said thank you . And, Council Member Barrentine said, all of those properties arc all along that one row? Mr . Pickens said yes we arc . We arc adjacent to the nonh propeny boundary . Ms . Barrentine said there are how many houses that were adjacent to that? Mr . Pickens said there are basically 8 homes adjacent to the nonh propeny boundary. Of which , Pat Montgomery, who spoke earlier, is a home owner. Mayor Garrett sai d thank you very much . Jonah Staller said my address is 3345 South Columbine Circle, Englewood. I have been involved in discussions over the past few months on behalf of a number of residents of Cherry Hills Heights Filina A in unincorporated Arapahoe County, which I am actually expanding or talking about the same issues as Melissa Grossman was a little while ago . She sits on the Board for the Cherry Hill s Heights Water and Sanitation Dillrict. I am a resident, but not on the Board for the District, but I have been active in discussions with Mr. Tryba. Mr. Fontmann and Mr . Wells over the past several months . As you know, our neighborhood is to the cut of University Boulevard, direc:tly across from the Seminary development. This evening, we were able IO finalize an apecmcnt with JVF and -arc happy about that. We arc offering our support for approval of the PUD, based on that qreemenl. There are a couple of thing s tha Ms . Grossman was not able to mention . JVF has also agreed to install and pay for a sidewalk on the east 1de or Universi1y. as well as landscaping. In addition, JVF agreed to some chanaa IO the PUD Janauqc, relalal to the town houses, 10 ensure that any restrictions that apply on the west and north to the town boulcs. will also apply t .:.., ... • • ( Englewood City Council August 16, 2004 Page 21 • •• D on the cast side, because there are a few town houses to the east up in the north there. I think with that, I will close my comments. Mayor Garrett said which side of the wall is the sidewalk? Mr . Staller said the sidewalk would be on the west side of the wall . Mayor Garrett said right along University? Mr . Staller said yes , along University Boulevard. Mayor Garrett thanked Mr. Staller . [Clerk's note : 2 letters were entered into the record . Both are from Liz and Jack Matteson, 2300 East Aoyd Place.] Mayor Garrett asked if there was anyone else who wanted to speak during the Public Hearing. There was no one . Mayor Garrett said I have one question . Mr . Herzog has left, but I had a clarification question which Ms. Langon I think you will probably answer . If COOT does not approve the traffic signal and the othei-requirements to be made to University , what happens to the PUD? Ms. Langon said because the condition of approval has been the requirement to complete the public improvements, which wou10 i>c tile right tum lane and the left turn lanes ... that would control whether the PUD would go forward. We have to start somewhere, so the beginning process, since COOT would not even consider any changes without seeing the project, and the project has to be approved before they can submit, wc are kind of an egg and the chicken, which do we do first? We have to approve the PUD, to move things forward . We have met with COOT representatives and County representatives on the traffic issue. We had a large meeting on that. Not speaking for COOT , I would say that they were in favor of the project. Mayor Garrett said this is a requirement of the project going forward . The simple answer . Ms. Langon said correct. Mayor Garrett thanked Ms . Langon . Council Member Moore said I just want to confirm that the City agrees with the drainage issues . They sound great, but I want to make sure the City agrees that the drainage issue is an improvement. Ms. Langon said yes and I think Mr . Ross would probably be the best person to address that . Ken Ross said I am the Director of Public Works . Before development, in a minor storm, this runoff that was coming from the site, was close to about IS cfs in what we call the five year event. Thal is going to drop down to almost 2 cfs after development, because of the detention that they are providing. And, you get a similar reduction for the 100 year event and the 100 was close to 47 and because of delention it will drop down to 11 . This devel opment is helping us with our situation at Roman's Park . Co uncil ember Moore said, similarly. Public Works has reviewed the traffic improvements. but can you comment on that ? It was stated that south bound University traffic, in the afternoon, will get worse. Do wc expect much impa cl on Floyd Place and Floyd Avenue with that additional backup on University? Mr . Ross sai d accord mg to the traffic study, what they have done is they have analyzed it for three different situations : co nditio ns without the project, conditions with the project assuming 60% pass by and then conditions wuh the project with 45 % pass by . And , basically. what they have determined is with the proposed improvements wi1h the AM peak for the normal part of the day , it actually will improve the situation out there . For the PM peak. it doesn't improve it . but the magnitude that it decreases. or the amount that it increues the amount of backing, is from 630 feet nght now to 760 feet. So we are backing it up another 130 feet. but when you factor in the fact that Floyd Place 1. 925 feet and what they arc talking about is the 95% event. In 95% of the time it is going to be less than Floyd Place . Now, ure there is goi ng to be S% of the time that you are going to see it back up farther than that 760 feet. buc again , we experience that today and you will continue to expcnence that . So basically from these numbcn, che y arc say mg 11 is going to be 130 feet worse than what it is today . Council Member Moore thanked Mr . Ros . Council Member Moore sa id I have one more question for Tricia. I would like you to conflt'III a --nt that I behevc you made a11he begmnma. Where the 14 SIOr)' buikhna IS, by ript. if that IS the only buildina we were tallong about . thac building. where 111 localed, could have aonc to 2l0 feet. ' ... ,, • • -- Englewood City CouncU August 16, 2004 Page22 ·• • • Ms. Langon said right, under the old Code. Mr. Moore said that would mean the town homes couldn't be there to do that because that wouldn't be part of the setback that would be needed to do that, correct? Ms. Langon said actually the town homes could still be there, because it is the building setback. It is not a setback for the project, it is for the building. So each individual building could be rearranged. Now again, that is under the old Code. Under the UDC, that height extension provision is gone. Mr. Moore said it is gone ... actually I thought you said it was still there, but it is no longer there. Ms. Langon said no, that was when I was comparing new, old and proposed. Mayor Garrett asked if there were any more questions for Tricia. Council Member Barrentine said I don't know if this is for Tricia. How much traffic flow comes in and out of the Denver Seminary right now and how many people are there? Do all the srudcnts reside on that property? You obviously had some traffic going in and out. Ms. Langon said I believe there arc 80 units there now and they average about two or two and a half. I think there are about 150 people living there currently. Director Ross said the existing trips from the site are about 1,900 per day. Ms. Barrentine said that is for people coming for classes and the people who reside there, just the traffic flow that you have. And how much do you anticipate that will increase? Mr. Ross said, depending upon some assumptions with respect to pass-by trips, they are saying that it will increase by about 1700 trips, so it would be 3600 trips. Now that is assuming a certain number of pass-by trips. What we arc doing with the pass-by assumption ... what they arc saying is, there arc trips on University already and there arc cars on Hampden already and they arc not going to deviate ... they are already there and they are going to go to this site anyway. So, you arc not increasing the amount of cars on either one of those streets ... that is basically the assumption. Ms . Barrentine said so that is pan of that number. Mr. Ross said yes, that is part of that number. If you don't recognize some of that, then it could be a little bit higher. Mayor Garrett asked if there were any more questions. Council Member Moore said he had one more question. Laurett actually brought this up in the Study Session last week . Just kind of an overview of what exceptions arc actually being asked for here, as it comc5 down to, obviously, the major one is the retail. .. the change in the amount of retail space. I know, as a PUD we arc looking at it as a whole. so I don't need every little detail, but from a high level, the major thing is a lot more retail than this property would have by right . Ms . Langon said correct. Mr. Moore said I'm hearing that building height is not reall y much of an exception to what was already permitted. Rephrase ... if you pulled the retail out, how much of this conversation would we still be having? Ms. Langon said under the old Code when this was submitted without the larger portion of retail, it would have been a use-by-right, and it reall y is the retail that drove the PUD request. Mr. Moore said thank you. Council Mell)ber Barrentine said that did answer my question. thank you . Mayor Garrett asked if Council had any more questions for either staff or the applicant. There were none. COUNCIL MEMBER WOWSYN MOVED, AND IT WAS SECONDED, TO CLOSE TIIE PUBLIC HEARING TO CONSIDER TESTIMONY ON COUNCIL BILL NO. 40, APPROVING THE PROPOSED DENVER SEMINARY PLANNED UNIT DEVELOPMENT. Council Member Moore said I ha ve questions about the 10 foot wall on the north side ... the agrcemr,nt. I don't know if that is a matter for the PUD. Maybe I should raise it now and maybe we should defer the answer. It sounds clear that at least half. o r maybe the majority of the homeowners on the north side, arc involved in the discussion of the fence . What I not clear to me is, arc there home owners who oppose a fence in their back yard up IO 10 feet? And again. I d on't know 1f thi come later. but I have a problem with forcin& a homeowner whose current law says a fence will not be over 6 feet . and then forcing them IO have a 10 foot fence in their back yard. I'm not sure how that proce would \Ooork itself out. ) .. .. t l ' • • 0 Englewood City Council August 16, 2004 Page23 0 0 Ms. Langon said I can address that. Within the PUD document the north wall is going to me similar to the west wall ... the Nova sound wall...and the height is to be determined by the developer after consultation with the property owners to the north . So, that is already within the PUD, that the actual height. . .it is up to 10. And again, it is based on that retaining wall that Mr. Pickens discussed. If it remains at a 4 foot retaining wall and then you put up a 10 foot wall , suddenly you 've got a 14 foot wall. If the retaining wall is retained, the fence could come down. So that is why it was written ... up to 10 feet, because until we have a final grading wc don't have an exact height. So I know, procedurally, how do we address who wants and who does not want a IO foot wall? Whether it is written as each individual property or whether you just pick a number that all properties will have. That is pretty much is your choice, at this point. Council Member Moore said okay, so right now it is a generic statement of agreement between the property owners . So, I think to the extent that we wish to clarify that. .. what the agreement between the property owners means ... that is after the Public Hearing. Thank you . Ms. Langon said if I could make just one other comment. I think it was Mr. Staller who mentioned that there were language changes regarding the buildings to the northeast ... the town homes that face University. If that language is to be changed, that needs to be changed on the PUD and would have to be part of a recommendation and condition, because it is not currently included in the PUD. Council Member Bradshaw said so wc need to request that, that ncedi to be written up. Ms. Langon said that is right and I can prepare the conditions for you if you would like. Council Member Barrentine said Tricia, you are talking about the comment he made that there would be the same requirements on those town homes facing University, that there are on the west side of this projcct ... that all of the standards would conform all the way around? Ms . Langon said right, for the town ho1111111 to the west, the north and the east and it is just a matter of adding that on page 4, I think it is page 4. Ms. Bam:ntine said they are not presently conforming all the wa y around? Ms . Lanaon said it is just a clarification really. It wu the i111ent, but it isn't written that way, so it is just a clarification and it is just a maacr of adding the word "east" to the north and west. It is very simple. Ms . Barrentine said okay, now I understand . Vote results: Ayes: Council Members Barrentine , Moon:. Bradshaw, Garrett. Wokllyn, Woodward, Tomauo Nays: None Mo tion carried arid the public hearing closed. Mayor Garrett said I want to thank everyone who catne tonight for the Public Hearing. The process will be u follows: o n September 7* wc will have a meeting. which is a Tuesday, because of Labor Day on the 6•. We will have our first meeting in September, at which time we will look at this project on second reading. Now given that there has been some amendments since our first meeting. in essence wc will have to adopt those amendments if Council so chooses. lf wc do that and accept some of the amendtncnts or some of the changes, that in essence becomes first reading again. Which then if that passes on Sepcember 7*, we will then take it up on second reading on September 20 .... Now if everyone understood that. I see some confusion . There are some amendments that will need to be dealt with at the next meeting. So that in essence means it will pus on first reading . I I . Ordinances, Reaoludon ud Motiom (a) Approval of Ordinances on First Reading There were no additional item s ubmitted for approval on first readina . (See Apnda Item 9 · COIIICllt A,enda.) (b) Approval of Ordinance on Second Readin& There were no add1uonal item subnutted for approval on second radina . (See A&mda lte111 9 · a-A,enda .) (c) Rcsoluuons and Mocions ' . ... .. • • . . Englewood City Council August 16, 2004 Page24 0 (i) Director Simpson presented a recommendation from the Community Development Department to adopt a resolution authorizing assignment of Englewood's 2004 Private Activity Bond Cap Allocation to the Colorado Housing and Finance Authority for home ownership programs in the amount of $1,306,320.00. Mr . Simpson said these private activity bonds go towards creation of home ownership programs within the City of Englewood . We have had a choice of where those bonds could be assigned in the past. For example, they were previously assigned to the Metro Mayors Caucus . In the past couple of years we have assigned them to the Colorado Housing and Finance Authority and this year we arc again recommending that you assign them to that Authority for use for homeownership programs. In 2003, there were a series of loans that were done in Englewood using CHFA and those private activity bonds . Mayor Garrett asked if there were questions for Mr. Simpson Council Member Bradshaw said the other reason that we didn't put it in, with the Metro Mayor Caucus, is CHFA will hold it longer . Mr . Simpson said yes. Ms . Bradshaw said five years, versus one year at Caucus. Mr . Simpson said actually they will end up holding it, perhaps, even longer than that for our use in creation of housing programs in this community ... homeownership primarily . Ms. Bradshaw said okay and that is one of the goals of the Housing Authority ... to increase home ownership by 25 homes in the next five years. The resolution was assigned a number and read by title : RESOLlITION NO . 84, SERIES OF 2004 A RESOLlITION AlITHORIZING ASSIGNMENT TO THE COLORADO HOUSING AND FINANCE AlITHORITY OF A PRIVATE ACTIVITY BOND ALLOCATION OF THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO PURSUANT TO THE COLORADO PRIVATE ACTIVITY BOND CEILING ALLOCATION ACT . COUNCIL MEMBER BRADSHAW MOVm, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (I) • RESOLUTION NO. 84, SERIES OF 2004. Mayor Garrett asked if there were any commitnts. There were none . Vote results: Motion carried. Ayes: Nays: Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn. Woodward, Tomasso None (ii) Division Chief Vandermce presented a recommendation from the Department of Safety Services to adopt a resolution approving the National Incident Management System as the basis for emergency operations within the City and for inter-agency cooperative response efforts at the metropolitan, state, and nauonal level. He said what we arc recommending is action by Council approving an intergovernmental cooperation for the National Incident Management System. In about the mid 80's the fire division, primarily, began using the Incident Command System. and they have been more active in that than the police service has been, but in February 2003 the President mandated. primarily as a rcsull of the 9/11 incident. the development of a system IO enhance the cooperation and communication for all emergency services and that is what the National Incident Management Sys1em is . Mayor Garrett a ked if there were any questions for Division Chief Vandermee . Council Member Wolo yn id was the disc in our packets somcthina that was an auxiliary material for this? Mr. Vandcrmce said ye . i11s. Ms . Wolosyn said I couldn't open it. She said that is neither here nor there. I just wanted to Imo~. Mayor Garrett a ked 1f there were any other que uons . There W1:Te none . ' • • Englewood City Council August 16, 2004 Page25 The resolution was assigned a number and read by title: RESOLUTION NO. 85, SERIES OF 2004 A RESOLUTION APPROVING THE NATIONAL INCIDENT MANAGEMENT SYSTEM {N.I.M.S.) AS THE BASIS FOR EMERGENCY OPERATIONS WITHIN THE CITY OF ENGLEWOOD, COLORADO AND FOR INTER-GOVERNMENTAL COOPERATIVE RESPONSE EFFORTS AT THE METROPOLITAN, STATE AND NATIONAL LEVEL. COUNCIL MEMBER BRADSHAW MOVFJ>, AND IT WAS SECONDFJ>, TO APPROVE AGENDA ITEM 11 {c) {Ii) • RF.SOLUTION NO. 85 , SERIES OF 2004. Mayor Garrett asked if there were any comments. There were none. Vote results: Motion carried . Ayes: Council Members Barrentine, Moore, Bradshaw, Garrett. Wolosyn, Woodward, Tomasso Nays: None 12 . General Discussion {a) Mayor's Choice (i) Mayor Garren said just as a note, because next week is a forum at the Wastewater Treatment Plant for your District, I will not be meeting with Gary Wednesday morning. {ii) Mayor Garren said the next forum is in October. We rowe the diJlric1s and this is District 4. but I wondered if someone from the At-Large group would like to host that meeting that would probably be good. his the end ofOctober ... thc fourth meeting in October ... so ponder that and give it some thought for those that might want to host a meeting, because a lot of times the At-Large Council members do not get to host (iii) Mayor Garren said do wc want to continue the discusaion this evening on the Board of Adjustment and Appeals? John is worn out on that topic. Council Member Moore said we have all had a long night. Mayor Garrett said we will hold that one and continue the discussion or not. at your discretion. Council Member Moore said I don't think that the conviction of the majority of Council is as strong u mine, I'm prepared to let it go. (bl Council Members' Choice (i) Council Member Barrentine: I . She said I wanted to thank Gary Scars for all the work he has done in helping Keep Englewood Beautiful. 2 . She said I wanted to thank Anthony. in planning department. the liaison for that Board, for all the bard work he ha done 10 help Gary with some of the projects he is hclpin& us widl. I hope it is 1UCCC11ful . I uw that wc got a wntc-up in the Englewood Citizen and I hope there arc a lot of people to come out and run and support our recycling prOJCCI. 3. She said I also wanted to thank Paul Hendricks, a new member of the Code Enforccmc .. Board . He wu gracious enough to take me around. u a reporter from the Cude Roc.k paper wu doin& a l&Ory on his bee kcepina bus,nc th I he has out in Elizabeth. He received Weatword's award for best honey. 1 am pad dial he is an Englc,.l>Od c u,zen and an Englewood business . I just had a really avoyablc day and he put me to work, which I am unpres.scd ,.hen anyone can it there and make me do thal much wort . h was i-.atin& and I wlllled to thank him for II t ..... • • Eqlewood City Coundl Aupst 16, 2004 Pqe26 (ii) Council Member Bradshaw: I. She said I would like to e11press my sincere sympathy to Barb and Stu Fonda for their loss. It is a horrible thing. 2. She said congratulations to Ray and Diane. Welcome back. 3. She said II our Parks and Recreation meeting. our new youth member, who we interviewed from St. Mary's Academy said she is gelling up a team for your SK run from her achool. So, I just thought you need to know that she is already working. She is a delightful young woman. 4. She said thank you to Jeff Sanchez and Joyce Panons for die help on die South Corona issue. 5. She said the Parks and Recreation Commission uked for a response from Council to !heir recommendation on lhe off-leash program. We probably need to get some kind of response back. They want it in writing. Mayor Garrett said I will tell !hem 1h11 they have to wait, because we are ll'yina to get some information on dog psrk numbers and everything on die budget proceas to see what we can and cannot do. But. Ms Bradshaw said, I mean on their recommendation that they ICllt lll. So maybe we abould revisit that, oby1 6. She said can Homeland Security funds be uaed to help safeguard our water supply? I uk, lhe said, became at our Water and Sewer Board we diacuued 1h11 and I would like to have uff r-.:11 dial, became if it is a matrer of adding some things to the Allen Treatment Plant. ndler lhan going IO a bond iaue to do dial, wby can't we uae Homeland Security funds? That would, in nm. save • money ••. bonding ml all Ibis oda llllff. (iii) Council Member TOIIIUIO: I . He said I would like to thank Council for the flowers. That WU a nice pltUre and it WU a nice lilllc nnce. 2. He said while I was out of town I hid a call about the Unified Developamlt Code. They called Community Development and Mark Graham walked them through the Unified Development Code •.. pointed out what their problem was in trying to put a triple11 on a 75 foot lot. So I want to thank Mark for takina care of 1h11 for fielding some of the problems while I was out of town. (iv) Council Member Woodward said I would like to thank Ken for his reaponac to my questions that came from a citizen regarding the Mansfield parking in front of the High School and the painting . I am going to share that with a number of the neighbors that were talking aboul it. It was very helpful . Living riahl !here and I wasn't aware that that was what ha~ at 1h11 time . Thank you Ken ••••• Mayor Garrett said in connection with the run, we probably should have 10me brochures on die run II die Recreation Center . There is no advertisement there . Ms . Barrentine said it is my undcntanding 1h11 we are workina on the mw a.. Mayor Gama said okay . Ma. Barrentine said I have some more. I just had a ll'Clllendoua fe11X11* from people and buai-*-tilla dlinp for the drawing afterwards. But it was my undentanding 1h11 Aleony WU WOIDDI on gettinl IIIOCMr brocllure M gave a little bit more information on how euitin& Ibis is. IO I would ciq,ect dial Ibis probably ii already cloa ml I will make sure 1h11 Ibey have them down at the Rec:reation Cealer. 13 . City Muqer'1 Report (a) City Manager Sean said we arc finaliau <ma couple ol prupaa dial we,-ill for, far - potential award . I think Bob will let Council know aboul that, becaa dlll'e n ... dlillp 111M we IMY 111111 IO F.apwood City CoUlldl A ..... 16,20IM Jtaae27 attend in Sepccmber in Fort Collins and Council misht want lO pouibly lllend one or two of dlae -• for a couple of tbeae awards . One is through National League of Citiea and anodler ii a stale-wide awn lbal loob Im -may be in the runnina for . 14 . City A...._,•, Report City Aaomey Brolzman did not have any maacn to brina before Council . PUBLIC COMMENT ROSTER AGENDA ITEM 7 ............, PUii ltQ OOIIIIENT, DATE: September 7, 2004 IUMII Llllff YOU11PRIIINrM'ION1011W1...,... I PLEASE PAINT NAME ADDRESS t • • --Onginal Message FnNn: Jim Woodward Work Aaxlunt Sant: Frtday, August 27, 2004 2:58 PM To: Gary Sears lllbjad: EURA Formal Resignation August 28, 2004 Gary, This note IS to formalize my Immediate resignation from the Englewood Urban Renewal Authority as discussed in the City Council Study Session of August 9, 2004. It was a pleasure to serve and work with the other members and City staff members, Bob Simpson, Mark Graham and Gertrude Welty. Jim Woodward (303) 781-5495 umwoodward@rolodspring.com ( •• • • 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 17, 2004 marks the two hundred seventeenth anniversary of 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 17 through 23 as Constitution Week. NOW THEREFORE , I, Douglas Garrett, Mayor of the City of Englewood, Colorado, hereby proclaim the week of September 17 through September 23 , 2004 as : CONSTITUTION WEEK and urge all citizens of Englewood, Colorado , to reaffirm the ideals the Framers of the Constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties . GIVEN under my hand and seal this 7th day of September , 2004 . Douglas Garrett . Mayor ' •· • - BY AUTHORITY ~ S-OF 2004 COUNCIL BILL NO. 50 INTRODUCED BY COUNCIL MEMBER BRADSHAW STATE OF COLORADO, ECONOMIC DEVELOPMENT COMMISSION FOR f ' MARICETING AND ADMINISTRATIVE ACTIVITIBS IN THB BN'I'l!Rflmn! ZONE . I WHEREAS, in 1990 the City of Englewood applied to the Colorado Department of Local Affairs and was granted, Enterprise Zone status for a majority of the industrially and commercially zoned property in the City of Englewood; and WHEREAS, the State Economic Development Conuni~sion bas a competitive grant program for marketing and administrative support of Enterprise Zones; and WHEREAS, this is the ninth year in which the Community Development Department of the City of Englewood has applied for and received such funding; and WHEREAS, the Enterprise Zone is used in the City as a vehicle for business expansion, attraction and retention; and WHEREAS, by encouraging businesses to take advantage of Enterprise Zone tax credits, an opportunity is created for businesses to strengthen operations through reinvestment of these dollars back in their business; and WHEREAS, the Colorado Department of Local Affairs requires that the City provide matching funds to meet Grant requirements; and WHEREAS, the Contract between the Colorado Department of Local Affairs and the City of Englewood pledges $9,500.00 in local matching funds to meet this obligation; and WHEREAS, this Grant and the matching funds will be used for Enterprise Zone marketing and administration in the City of Englewood; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section I. The Contract between the Colorado Department of Local Affairs , Economic Development Commission, and the City of Englewood for a Grant of $9,500.00 to be used for Enterprise Zone Marketing and Administration, a copy of which is attached hereto as Exhibit I , is hereby accepted . Section 2. The City Manager and City Clerk are authorized to sign and attest said Contrac t for and on behalf of th e City of Englewood . -1- ' · .. -· • • Section 3. This Ordinance appropriates the Grant monies and the matching funds already in the City of Englewood, Community Development Budget for the above described project. Introduced, read in full, and passed on first reading on the 16th day of August, 2004. Published as a Bill for an Ordinance on the 20th day of August, 2004. Read by title and passed on fmal reading on the 7th day of September, 2004. Published by title as Ordinance No. ___J Series of 2004, on the 10th day of September, 2004. Douglas Garrett, Mayor ATTEST : Loucrishia A . Ellis, City Clerk I, Loucrishia A . Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No. ___J Series of 2004. Loucrishia A. Ellis -2- ,, t ... •. ( ( •• • •• EDC~ CONTRACT --OIi AGfHCY -EDA THIS Contract, made this _ day of ~ by and between the State of Colorado for the use and benefit of the Colorado Office of Economic Development. Economic Development Commission rE.D.C."), 1625 Broadway#1710, Denver, Colorado 80202, hereinafter referred to as the State, and City of Englewood. 1000 Englewood Parkway. Englewood. CO 80110 • hereinafter referred to as the Contractor. WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment in Fund No. ~ Approp. Code Org. Unit Contract Encumb. No. E5EDC579 : and WHEREAS. required approval. clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS, the State desires to promote economic development in Colorado by assisting local communities in expanding their economic base: and WHEREAS, pursuant to 24-46-101 to 105, C.RS. 1987, the Colorado Economic Development Fund is created, and is to be administered by the Colorado Office of Economic Development in the Office of the Governor, and WHEREAS. applications for distributions from the Colorado Economic Development Fund have been received by the Economic Development Commission; and WHEREAS, the Economic Development Commission has reviewed and recommended to the Governor that the project described in this contract be financed with a grant; and WHEREAS, the Governor has reviewed the proposed expenditure of money from the Economic Development Fund to finance the project described in this contract; and WHEREAS, the Contractor is an eligible recipient of Colorado Economic Development funds; NOW THEREFORE it is hereby agreed that: 1. Scope of Services. In consideration for the monies to be received from the State. the Contractor shall do, perform, and carry out, in a satisfactory and proper manner, as determined by the State, all work elemen ts as indicated in the "Scope of Services", set forth in the Attached Exhibit A, hereinafter referred to as the "P roject". Work performed prior to the execution of this Contract shall not be considered part of th is Proj ect. 2 . Responsible Administrator. The performance of the services required hereunder shall be under the direct supervision of the employee or agent of Contractor identified in the attached Exhibit A .• who is hereby designated as the administrator-in-charge of this Project. At any time the administrator-in-charge is not assigned to th is Project, all work shall be suspended until the Contractor assigns a mutually acceptable replacement administrator-in-charge and the State receives notification of such replacement assignment 3 . nme of Performance. This Contract shall become effective upon proper execution of this Contract. The Pro1ect con templated herein shall commence as soon as practicable after the execution of this Contract and shall be undertaken and performed in the sequence set forth in the "Time of Perfonnance" in th e attached Exh1b1t A. No Economic Development Commission Funds provided under this contract wil be expended pnor to the full execution of this contract . The Contractor agrees that time is of the euence in the Page 1 of 7 PagH E X h i b i t 1 .. .. ,• I • ' ' • • 0 0 performa,ce al its obligations under this Contract, and that completion of the Project shall occur no later than the termi'lallon date set forth in the "Time of Performance.• 4. Compensation and Method gf Payment. The State agrees to pay to the Contractor, in consideration for the work and sa,vices to be performed, a total amount not to exceed NINE THOUSAND FIVE HUNDRED AND N0/100 DOLLARS {$9,500). The method and time of payment shall be made in accordance with the "Payment Schedule" set forth in Exhibit A. 5. Accounting. At all times from the effective date of this Contract until completion of this Project, the Contractor shall maintain property segregated books of State funds, matching funds, and other funds associated with this Project. All receipts and expenditures associated with said Project shall be documented in a detailed and specific manner, and shall accord with the "Budget" set forth in Exhibit A. Contractor may adjust budgeted expenditure amounts up to ten percent (10%) within said Budget without approval of the State. Adjustments of budget expenditure amounts in excess of ten percent (10%) must be authorized by the State in an amendment to this Contract property executed and approved pursuant to the State Fiscal Rules. In no event shall the State's total consideration exceed the amount shown in Paragraph 4 above. a. Unless otherwise provided in this Contract, if Exhibit A provides for more than one payment by the State, the initial payment set forth in the Payment Schedule shall be made as soon as practicable after proper execution of this Contract. The Contractor shall initiate all subsequent payment requests by submitting documented proof of proper expenditure of State funds thus far received to a contract monitor designated by the State. b. The Contractor shall request the final payment. which is the amount withheld by the State until the Project is complete, for the Project by submitting to the contract monitor a detailed cost accounting of all State funds received and expended towards completion of the Project. Upon determining to its satisfaction that all funds received by the Contractor have been properly spent towards accomplishment of the Project. the State shall promptly make final payment to the Contractor. c. Within ninety (90) days of completion of the Project, the Contractor shall submit to the contract monitor a detailed cost accounting of expenditures of the final payment received from the Slate. Any State funds not expended in connection with the Project shall be remitted to the State at that time. 6 . ~. The State or its authorized representative shall have the right to inspect, examine, and audit Contractor's records, books and accounts, induding the right to hire an independent Certified Public Accountant of the State's choosing and at the State's expense lo do so. Such dlsaetionary audit may be called for at any time and for any reason from the effective date of this Contract until five (5) years after the date llnal payment for this Pro1ect is received by the Contractor, provided that the audit is performed at a time convenient to the Contractor and during regular business hours. Whether or not the State calls for a discretionary audit as provided for in this paragraph, if the Project is accomplished within a single llscal year of the Contractor, the Contractor shall, at the condusion of the Project, and in addition to any other reports required, submit a report and auditor's statement of the Project account to the Economic Development Commission. Such report shall be prepared in conjunction with Contractor's regular yearty audit, and must be submitted within six (6) months after the dose of the then current Contractor's fiscal year . 7 . Personnel. The Contractor represents that he has, or will secure at his own expense, unless otherwise stated in Exhibit A. all personnel, as employees al the Contractor, necessary to perform the wor1( and services required to be performed by the Contractor under this Contract. All of the services required hereunder will be performed by the Contractor or under his supervision, and aU personnel engaged in the wor1( shall be fully qualified and shall be authoriz~ under State and local law to perform such services . Page 2 of 7 Pages .. ' ... .. • • • 8. Termination of Contract for Convenience of Ejther Party. Either the State or the Contractor may terminate this Contract at any time the party determines that the purpose of the Contract would no longer be served by completion of the Project. The party desiring to termlnallt the Contract shall effect such termination by giving written notice of termination to the other party and specifying the effective date thereof, at least thirty (30) days prior thereto. In that event. all finished or unfinished documents and other materials shall, at the option of the State, become its property. Contractor shall repay funds aclvanced and not expended in accordance with the terms of this contract. Contractor shall not be relieved of any obligations to repay funds advanced as a loan, notwithstanding any termination of the contract for coovenience. 9. a. Termination of Contract for Cause: Repayment qt Advanced Funds If, through any cause, the Contractor sha8 fail to ful1III in a timely and proper manner its obligations under this Contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this Contract. the State shall thereupon have the right to terminate this Contract for cause by giving written notice to the Contractor of such termination and specifying the eff9dlve date thereof, at least ftve (5) days before the effective date of such termination. In that event. all finished or unfl!'!~ ttnr.i lfflflrlts, data, studies, surveys, drawings, maps, models, photographs, media contracts and reports or other material prepared by the Contractor under this Contract shall, at the option of the State, become its property; and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. b . Notwithstanding the above, the Contractor shall not be relieved of liability to the State for any damages sustained by the State by virtue of any breach of the Contract by the Contractor, and the State may withhold any payment to the Contractor for the purpose of setoff until such time as the exact amount of damages due to the State from the Contractor is determined. c . If funds have been advan'Ced to the Contractor, Contractor shall repay such funds to the extent they are not expended in accordance with the terms of this contract at the time of termination. 1 o. ~-The State may, from time to time, require changes in the scope of services of the Contract to be performed hereunder. However, this Contract is intended as the complete integration of all understandings between the parties at this time, and no prior or contemporaneous addition, deletion, or other amendment hereto. including any increaSe or decrease in the amount of monies to be paid to the Contractor, shall have any force or effect whatsoever unless embodied in a written contract amendment incofporatlng such changes executed and approved pursuant to the State's Fiscal Rules. Notwithstanding this provision, changes in the time of performance may be agreed to by letter if so provided for in Exhibit A, and contractor may make adjustments of less than 1 O percent in budget line items as provided for in the "Accoul"ltlng" section of this Contract. 1 1. Conflict of Interest. a . No employee of the Cootractor shall perform or provide part-time services for compensation, monetary or otherwise, to a consultant or consultant finn that has been retained by the Contractor under the authority of this Cootract. b . The Contractor agrees that no parson at any time exercising any function or responsibility, in coonection with the elements of this project that ant financed with State funds, on behalf of the Contractor shall have or acquire any personal ffnanc:111 "' economic interest, direct or ind irect. which will be materially affected by this Contract. except to the extent that he may receive compensation for his performance pursuant to this Contract. c . A personal financial or economic interest includes , but is not limited to : i. any business entity in which the person has a direct or indirect monetary interest: Page 3 of 7 Pages ' .. ..• .. • • 0 ii. any real property in which the person has a direct or indirect monetary interest; iii. any source of income, loans, or gifts received by or promised to the person within twelve ( 12) months prior to the execu!lon dale of this Contract; iv. any business entity in which the person is a director, officer, general or limited partner, trustee, employee, or holds any position of management. For purposes of this subsection, indirect investment or interest means any investment or interest owned by the spouse, parent, brother, sister, son, daughter, father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, or daughter-in-law of the person by an agent on his/her behalf, by a general, limited, or silent partner of the person, by any business entity controlled by said person, or by a trust in which h&lshe has substantial interest. A business entity is controlled by a person if that person, his/her agent, or a relative as defined above possesses more than fifty percent (50%) of the ownership interest. Said person has a substantial economic interest in a trust when the person or an above-defined relative has a present or future interest worth more than One Thousand Dollars ($1,000.00). d. In the event a conflict of interest, as described in this Paragraph 11, cannot be avoided without frustrating the purposes of this Contract, the person involved in such a conflict of interest shall submit to the Contractor and the State a full disclosure statement setting forth the details of such conflict of interest. In cases of extreme and unacceptable conflicts of interest, as determined by the State, the State rese,ves the right to terminate the Contract for cause. as provided in Paragraph 9 above. Failure to lie a disclosure statement required by this Paragraph 11 shall constitute grounds for termination of this Contract for cause by the State . 12. Subcontracts. Copies of any and all subcontracts entered into by the Contractor to accomplish this Project wiH be submitted to the Economic Development Convnission upon request by the State. Any and all contracts entered into by the Contractor shall comply with all applicable federal and Colorado state laws and shall be governed by the laws of the State of Colorado notwithstanding provisions therein to the contrary . 13 . Severabillty . To the extent that this Contract may be executed and performance of the obligations of the parties may be accomplished within the intent of the Contract, the terms of this Contract are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or pl'O'lision hereof. The Wlllv• of any breach of a term hereof shall not be construed as -iver of any other term. 14 . Binding on Successors . Except as herein otherwise provided, this agrwment shall inure to the benefit of and be binding upon the parties , or any subcontractors hereto, and their respective successors and assigns .- 15 . Assignment. Neither party, nor any subcontractors hereto, may assign its rights or duties under this Contract without the prior written consent of the other party. 1 s. Limitation to Particular Funds . The parties hereto expressly recognize that the Contractor is to be paid, reimbursed, or otherwise compensated with funds provided to the State for the purpose of contracting for the services provided for herein , and therefore, the Contractor expressly und.-stands and agrees that all its rights , demands and claims to compensation arisin~ under this Contract .. contingent upon receipt of such funds by the State. In the event that such funds or Ill'/ part thereof .. not received by the State, the State may immediately terminate this Contract . 17. Minority Business Enterprise Particioadon . It ii the policy d the State of Colorado that minority business enterprises shall have the maximum prac:ticaDle oppo,1Unity lo panicipate in the performance of its construction grant contracts . The Contractor agrees to UH its belt efforts to carry out thia Page 4 of 7 PagH 1• t ... .. • • • policy to the fullest extent practicable and consistent with the efflcient performance of this Contract. As used in this Contract, the tenn "minority business enterprise" means a business, at least 50 percent (50%) of which is owned by minority group members or, in thecaseofpubllclyowned businesles, atleat 51 percent (51%) of the stock of which is owned by minority group members. Forlf\e pulpOl9I oflhil definition, minority group members are Negroes or Black Americans, Spanish-speaking Arnericals, Asian Americans, Amertc:an Indians, American Eskimos and American Aleuts. The Contractor may rely on written representations by bidders, contractors, and subcontractors regarding their status as minority enterprises and need not condud an independent investigation. 18. !il!n-The state agency, as purchaser, is exempt from all federal excise taxes under Chapter 32 of the Internal Revenue Code [No . 84-7301231<] and from all state and local government use taxes [C .R.S. 39-28-114(a) and 203, as anw,ded). Vendor ii hereby notified that when materials .. pun:hased for the benefit of the State, such exemptions apply except that in certain polillcal subdivisions (for example - City of Denver) the vendor may be required to pay sales or use taxes even thought the ultimate product or service is provided to the State. These sales or use taxes wil not be reimlused by the state. 19. lntellectua Property. A. Contractor will indemnify State for its reasonably incumld legal expenses and will defend or settle, at Contractor's option and expense, any legal proceeding brought against State, to the extent that it is based on a claim that products infringe a lrade secret, trademark, mask wortt. copyright, or patent Contractor will pay all such expenses, together with damages and costs awarded by the court which flnally determines the case, or are incurred in the settlement thereof, if State : (I) gives written notice of the claim promptly to Contractor; (ii) gives Contractor control of the defense and settlement of the claim; (Iii) provides to Contractor, at Contractor's expense, all available information and assistance; and (iv) has not compiomised or settled such claim. 8 . If products are found to infringe, Contractor wil: (I) obtain for Slate the right to UH such products; (U) replace the products·with non-infringing products or modify the produc:ta so that they become non-infringing; or. if neither of these Alternatives is reasonably avaiable, (Ii} remove the infringing products and refund the price paid therefore. C . Contractor has no obligation under this Paragraph 19 for any claim which results from: (I) UM of products in combination with any non-Contractor provided equipment, softwse or data: (i) COi 1nctor's compllance with designs or specification of State; (Iii) modiflcalion ol produc:ta olher than ll Conlrador's dnctlon; or (Iv) use of an allegedly infringing version of products, if the alleged infringement could be avoided by the UN ol a different version made available to State. 20. Order of Precedence . In the event of conflicts or inconsistencies betwNn this contract and its exhibits or attachments, such conflicts or inconsistencies shall be resolved by ,.... ic:e to the documents in the following order of priority: 1) Colorado Special Provisions, pages 6 to 7; 2) Contract, pages 1 to S; 3) Exhibit A ; 4) Any attachments to Exhibit A.. 21 . No Multpe:£1SC31 YW Debt. The City does not by thilAQrNrnentirr9Yocably pledge present cash reserves for payments in future flscal ve-s. and this Agreement is not lnt8nded to a.ate a multiple-fiscal year debt of the City . Page Sof 7Pages .... ·"' f .. t • • • • • • 0 SPECIAL PROVISIONS {For Use Only wttb Jnter:<,ovrr:nmmlll CoatnctJ> 1. CONTROLLER'S APPROVAL CRS 24-30-201 (1) Th is contract shall not be deemed valid until it hu been approved by the Controller o(lhc s-of Colorado or such usimnt as be may designate. 2. FUND AVAILABILITY, CRS 24-30-202 (5.5) Financial obligations of the Swe of Colorado payable after the current t1scal year are contingent upon lllnds for that purpose being appropriated, budgeted, and otherwise made available. 3. INDEMNIFICATION. To the extent authorized by 1-. the conll'IICIOI' shall indemnify, save, and hold hlrmlcu die S-apim1111y and all claims, damages, liability and coun awuds includin1 costl, expenses, and IIIOmey fees incurred• a remit o( any act or omiaion by die Con~. or its employees, agents, subconrnctors, or assianees punuant to the terml of this contract. No term or condition of th is conll'llCI shall be consaued or interpreted• a waiver, expras or implied. ohny oftbe inwnunilies, rights, benefits. protection, or other provisions for the parties, oflhcColcndoGovernmental Immunity Act, CRS 24-10.101 dS6q. or the Federal Ton Claims Act, 28 U.S.C . 2671 et-,. as appliable, • now or hereafter :unended. The Contnctor, by execution of this con1r.1et containing this indemnilic:ition clause, does not waive the opennon of any law concemin1 the panics' :lbiliry to indermify. 4. INDEPENDENT CONTRACTOR. 4 CCR 801-2 THE CONTRACTOR SHALL PERFORM ITS DlTTIES HEREUNDER AS AN INDEPEND£NT COPmtACTDRAND NOT AS AN EMPLOY!£. NEITHEA TIIE CONTRACTOR NORANYAGENTOREMPLOYEEOFTifECOPmtACTORSHALLBEORSHAUBEDED4EDT08EA.'IAGENTOllEMPLOYll0FTIIE STATE . CONTRACTORSHALLPAYWHENDUEAUREQUIREDEMPLOYMENTTAXESANDINCOMETAJCA.'IDLOC • .\LHEAOTA.'1:0NA.'IY~ PAID BY THE STA TE PIJRSUANTTOTHIS CONTRACT. COPmtACTORACXNOWI.EDGES lllATTHECONTlACTORAND ITS E.\IPI.OY!ES AA£ :-K>T ENllTLED TO UN EMPLOYMENT INSURANCE BENEIITS UNLESS TIIE COPmtACTOR OR ntlRD PARTY PIIOVID£5 SUCH COVERAGE ANO lllA T TIIE ST A TE DOES NOT PAY FOR OR OTI1£RW1SE PIIOVIDE SUCH COVERAGE. CONTRACTOR SHALL HA VE NO Atm«>RIZA TION, EXPlt£SS OR L'IIPLIED, TO Bll'ID THE STA TE TO ANY AGREEMENTS, LIABIUTY, OR UNDERSTANDING E.~CEPT AS EXPR£SSL Y SET FOllTH H£a£IN. CONTRACTOR SHALL PIIOVIDE M1> KEEP IN FORCE WOIUCEltS' COMl'ENsATION (AND PIIOVIDE PROOF 0# SUCH INSlJaANCZ WHEN REQUESTED BY THE STA TE)ANDUNEMPLOYMENTCOMPENSATION INSURANCE !If THE AMOUNTS ltl!QtJIRIDIY LAW,ANOSHALL IESOLEL Y RESPONSIBLE FOR THE ACTS 0, TIIE CONTRACTOR, ITS EMPLOYEES AND AGENTS. S. NON-DISCRIMINATION. The contr.letor agrees to comply with the letter and the spirit of ail applic:ible state :ind fedaal laws rapccllnl dircrimillllioa :ind unfair emplo yment prac tices . 6. CHOICE OF LAW. The law s of the State of Colorado :ind rules :ind rqulations issued punuant thereto shall be applied in the inierpremioa. alClllioa, ad enforcement of th is conttllCt. Any provision of this contnct. whcdler or not incorpcllad herem by merence. wluch provides for arb11ra11on by an y extra-j ud icial body or per-. or which is otherwise in conffict with sud laws. rules, and ,ecui-shall be COlllideRd nu ll and void. Noth ing contained 1n any provision i!ICCWl'Dl"lled herein by refcrenc:c which pu,pons 10 nqae 11111 or aiy DIiier specw pro visio n in who le or 1n pan shall be valid or enforceable or available in 311Y act ion M law whedlcr by way of complaant, defense, or otherwise. Any provisio n rendered null :ind void by the oper:mon of this provision wil l not invalidale the remainder of this contract to the extent tha t the contr.1Ct 1s ~le of executio n. Al :Ill tunes dunng the performance of this conb'XI. the Conlr3Clor shall stnctly adhere 10 al l :ippliable fedenl :ind state laws. rules, :ind regu la uons that have been or may herufter be estab lished. 7. SOFTWAR E PIRA CY PROHIBITION. Governor's Exeanln Onltr D Oil 01 o Sr.ire or other public funds payabl e under this Conlr3CI shal l be used for the ocquis,11011, optnlion ormmn-e of computer software in v1olauo n of Unued StatcS cop yn1t11 laws or appl icable li ccnsin& raincnons. The Con1ne1or hlnby caufles 111M. for the 18ml of 1h11 Contr:ict and :iny extensions, the Contractor hu 1n place~-S)'Slel'III and conirols to p,event such improper -of public flllllts. lfthe State determines rh:u the Conlr3Clor 1s in viol:111on ofth,s panar.ipll. the s-may exemse :my remedy :1va1lable II law or cqwry or under this Contract, includ1 n1, without li mitadon , immed ille term1M11Dn of the Connet :lftd :any ranedy COftSlllelll with Un118d s- copynght la'"s or apphQble lic ensing restncnons. L EMPL OY EE FI NANCIA L INTEREST. CRS 24-11-?0I ,l CRS ?4-5t-M7 The s1gnarones avor that to their ·now ledge. no employee of the S~e of Colondo has :my personal or bendlctal 1nteral "'"-"er in the se.-.1ce or propeny descn bcd hett:n. • Elfectave 0. pnl 1, 2004 Pag e e o f 7 Page, ,. ' ,, • • • • C SPECIAL PROVISIONS THE PARTIES HERETO HAVE EXECUTED TH§ CONTRACT CONTRACTOR: STATE OF COLORADO: Bu,OWENs GOVERNOR Crt'Y OF ENGLEWOOD By_...,,......,,... __________ _ Director, Brian Vogt Office of !conomjc PtufoPIIJtffl i.E-APPROVED FORM CONTRACT REVIEWER: By _____________ _ Print Name & TIie d Au1llcriZ8cl Olllcs Evan Metcalf CORPORATIONS: Attest (Seat) By (ea,,,o,. Seawlary-a, ... ~ ........ ..,....,,..a,..,f .. ii.iiiicii,icow-====a..,,.,..,....1 ALL CONTRACTS MUST BE APPRQYED BY THE STATE CONTROLLER CRS 24-30-202 requlrN that the State Conlraller approve II .._ contract&. Thia contract Is not Vlllld untll the Stata Controller, or 9UCh asalstant • he may ........ ha llgned II. The comactor Is not autholtwl to begin performance until the c:ontnct ls llgned and dalld below. I parfannance ....... prtor ID tlle daa below, the State of Coaorlldo may not be obllpliacl ID pay far the good8 ancllor ..v1CN ~ STAff CONTROU!R: ' ""' M, Shlnlfltt By. ___________ _ Temllell Data. __________ _ Effective Date: July 1, 2003 Page7of 7Pagea .. -. • • EXHIBIT A SCOPE OF SERVICES AND PAYMENT SCHEDULE • • -- EDC #579 ExH181TA Colorado Economic Development Commission SCOPE OF SERVICES 1. Project Dperlptlon and Requlrem,ots The Project consists of providing the Contractor with matching funds tor the promotion of economic development in the Arapahoe County Entsprlse Zone area. These funds shall be used for the purposes of promotional activities that will market and advertise the advantages of locating a business · in the contractor's enterprise zone area, create a positive identity for the entsprise zone area, encourage retention and expansion of existing businesses, promote redevelopment, expand the region's tourism industry, attract n-businesses, and generally enhance the economic growth of the enterprise zone area. Such activities shall indude the prepsatlon, production, and/or distribution of market research, printed materials. direct maU campaigns, print media advertising, trade show promotions, special events, direct business prospect visitation, and other closely related activities. No more than 25 percent of these funds may be used to pay for contractor's administrative or staff costs. Contractor may allocate funds to one or more subcontractors involved in promotion and economic development activities in the enterprise zone. Contractor shall be responsible for ensuring and documenting the expenditure of the required local matching funds by Contractor or by its subcontractors. ,·· The contribution from the Economic Development Fund under this Contract shall not exceed the amount of local matching funds expended on this project or NINE THOUSAND F,VE HUNDRED dollars {S9 500), whichever is less. All project costs in excess al this amount will be the responsibility of the ConlractOr. Contractor shall match E.D.C. funds used on this project with at least a dolls-for- dollar cash match from local sources. Local expenditurel on enterprise zone marketing projects incurred prior to the effective date of this project but subsequent to June 1, 2004, may be counted toward the matching funds requirement, provided that such expenditures have not been used to meet other state contractual matching fund requirements. The performance of the services required hereunder shall be under the direct supervision of .Plmlo. Hollingsworth, an employee or agent of Contractor, who is henlby designated as the admini- strator-in-charge of this Project . 2. Time of Performance The Project shall commence upon execution of this Contract. The Contract will expire on Juo, 30. 2005, except that the Contract may be extended a maximum ol 12 months subject to the mutual agreement of the State and the Contractor. A request for extension by the Contractor shall be submitted to the State at least 30 days prior to the expiration of the Contract with a full justification for the extension request. EDC I 579 -Exh1b1t A Page 1 of 2 Pages ' ... .. • • 3. l.llml!l RE\/ENUE E.D.C. Funds Local Funds TOTAL: 4 . emn,nt ScbfdYlt EXPENDITURES $9,500 Market Research, Publications, Adver11sing, Special Events, and Direct Ma'ketlng for the Arapahoe County Enterprise Zone Program 9,500 Zone Administration $19,000 TOTAL: $14,250 4,750 $19,000 I. $3,000 Initial payment to be paid upon request by the contractor following the execution of this contract. II. 5,500 Interim payments to be paid upon request and the submission of proper documentation of expenditures of E.D.C. and local funds and work progress. Ill. 1,000 Final payment to be made upon satisfactory completion of the Project. The Contractor wHI submit a final financial and narrative report documenting the expenditure of all E.D.C. funds for which payment has been requested and of matching local funds. $9,500 TOTAL Requests for payment wiU be initiated by the Contractor in acconlance with the provisions of Paragraph 8 of the main body of this contract. s . 11onitorina Colorado Economic Development Commission staff will monitor this Project on an as-needed ~is. a. 8nortloa Scbfdvlt The Contractor wiU submit an interim financial and narrative report properly documenting all expenditures of E.D.C. funds at the time interim pay!T*1ts are requested. The Contractor will submit a final financial status report property documenting all expenditures of E.D .C. funds at the time the final payment is requested, in accordance with the payment schedule. EDC I 579 • Exi-ibit A Page 2 of 2 PIQff ( t .. .. • .. , . • • ( ( COUNCIL COMMUNICATION Date: Agenda Item: Subject: September 7, 2004 11 a i Restaurant Contract-Golf Course Initiated By: Staff Source: Department of Parks and Recreation Jerrell Black, Director of Parks and Recreation Bob Spada, Golf Operations Manager COUNCIL GOAL AND PREVIOUS COUNCIL ACTION 2000 Approval of Restaurant Contract -Reif Golf, Inc 1996 Approval of Restaurant Contract -JOQ's Corporatiorl 1988 Approval of Restaurant Contract -Anderson/Malloy, Inc. D .B.A. Woody's Club 1986 Approval of Restaurant Contract -Mur-James Corporation 1982 Approval of Restaurant Contract -2101 Corporation RECOMMENDED ACTION Staff recommends to City Council to adopt a bill for an ordinance approving the Golf Course Restaurant Concessionaire Agreement between the City of Englewood and Caddie Shack, LLC. BACKGROUND, ANALYSIS AND ALTERNATIVES IDENTIFIED The Golf Course has provided a restaurant concession at the existing clubhouse since 1982. The curren t concessio naire, Reif Golf, has operated the restaurant facility since October 2000. The c urrent con tra ct w ill end October 1, 2004 . Bid requests were distributed to five interes ted parties . Four proposals were received and four interviews were conducted. CONTRACT: The current contrac t was developed by receiving input from the Parks and Recreation staff, City Attorney's office, and the Purchasing Department. The contract was de\ eloped to provide fairness and equity for both the concessionaire and th e City of Englewood . SELECTION PROCESS: In ten ie, Commi tt ee -An interview committee was created t o provide a wide range of diver e inpu t. The Interview Committee consisted of th e Golf Operations Manager, Manag r of Open Spaces, Golf Coordinator and representatives from the following department : Cit Manage r's Offi e, Municipal Court. Safety Services and the Human Re~ources Department. ' • • Interview Process -The evaluation criteria included financial considerations, customer service elements, experience, marketing plan, menu and pricing, presentation/bid proposal, and profess ional attributes . The professional attributes included intangible elements such as positive attitude, innovation and creativity, motivation, commitment, etc. FINANCIAL IMPACT The rental payment will be $36,000 per year. The current contract is 8% of the gross revenues or $30,000 per year whichever is greater. LIST OF ATTACHMENTS Bid Tabulation Request for Bid Caddie Shack Bid Proposal • • ( ORDINANCE NO. SERJES OF 2004 BY AUTHORJTY EDBYCO~CIL AN ORDINANCE APPROVING THE GOLF COURSE RESTAURANT CONCBSSICJNAIRE ~B AGIU!BMENT BBTWBBN '111B arY 0, ENGLEWOOD AND CADDm SHACK. . WHEREAS, Caddie Shack has been selected as the concessionaire to operate the Englewood Golf Course Clubhouse restaurant; and WHEREAS, the purpose of this Lease to provide snack bar, grill and bar services to the golfing public and a quality, full-service restaurant facility offering breakfast, lunch and dinner for group meetings, service clubs and informal evening dining; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The Lease Agreement between the City of Englewood and Caddie Shack for restaurant/concession services at the Englewood Golf Course is hereby approved. A copy of said Lease Agreement is attached hereto as "Exhibit l" and incorporated herein by reference. Section 2. The Mayor and the City Clerk are hereby authorized to sign and attest the Lease Agreement described above for and on behalf of the City of Englewood, Colorado. Introduced, read in full, and passed on first reading on the 7th day of September, 2004. Published as a Bill for an Ordinance on the 10th day of September, 2004. Douglu Garrett, Mayor ATTE ST: Loucrishia A . Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of En&lewood, 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 7th day of September, 2004. Loucrisbia A. Ellis -1- t .. • • --f - . G . AGREEMENT nns AGREEMENf, hereinafter called "Lease", made and entered into this of _______ __, 2004, by and between the CITY OF ENGLEWOOD, a Colorado municipal corporation, hereinafter referred to as "City", and CADDIE SHACK LLC., hereinafter referred to as "Concessionaire"; WITNESSETii: WHEREAS, the City owns certain real property which is known as the Englewood Municipal Golf Course, hereinafter called "Golf Course", and located in the City of Sheridan; and WHEREAS, City and Concessionaire desire to enter into a lease for the management of the restaurant and lotmge located at the Englewood Municipal Golf Course; NOW, IBEREFORE, for and in consideration of the mutual covenants hereinafter appearing and of the payment of the monies hereinafter set forth, the parties hereto agree as follows: Section I. STATEMENT OF INTENT. The purpose of this Lease to provide snack bar, grill and bar services to the golfing public and a quality, full-service restaurant facility offering breakfast, ltmch and dinner for group meetings, service clubs and informal evening dining. Section 2 . GRANT. The City hereby leases to Concessionaire the portion of its golf clubhouse presently used as its restaurant concession, together with the improvements thereon, located at 2101 West Oxford Avenue, Sheridan, Colorado 80110, for the purposes of serving food and beverages, including alcoholic beverages. Section 3. DEFINITION OF PREMISES. The "Leased Premises" as referred to herein is defined to be the golf clubhouse res1aurant and lounge which is owned by the City of Englewood, Colorado. See Exlul>it •A•. Proposed food and beverage operations shall also be allowed on the golf course. Nothing herein gives Concessionaire any right to interfere with or participate in the operation of the Golf Course as a golf course, i.e . fairways and greens, Pro Shop, and all other golf course operations. Section 4 . TERM OF AGREEMENT. This Lease shall not be effective tmtil Concessionaire has obtained a liquor license to dispense alcoholic beverages pursuant to C .R.S. 12-47-101 et. seq. From the date of signature tmtil the liquor license is authorized by the proper officials, this Lease shall be considered an Option to Lease that may not be terminated by either pany, except that if the Liquor License is not granted and in operation on or before September 22, 2004. The City hereby grants to Concessionaire the ria!it to bold the Leased Premises punuant to the terms of this Lease for a one (I) year lease with two (2) one (I) year renewals at the option of the Concessionaire and with l\\"o (2) additional optional one (1) year periods by apeement E X h i b i t l .;.. .. , . ' • • of both parries. The City reserves the right to accept, modify, or reject said written proposal. If the Concessionaire intends to renew the contrllct they must inform the Director of Parks and Recreation ninety (90) days prior to termination of the leue. The City shall inform Concessionaire of its decision through the Director of Pub and Recreation. 2 • • Scctjon.i, USE OF THE PREMISES. Concessionaire shall have the right to possession oftbc Leased Premises for the purpose of serving food and/or beverages, including alcoholic beverages, for consumption on the golf course. However, nothing in this Lease shall be construed to authorize that which is prolubited under United States, State or local law, ordinance, code or regulation. The Leased Premises shall be used by the Concessionaire for the purveying of alcoholic beverages, as the same may be authorimi by and regulated under the Colorado Liquor Code, C.R.S. 12-47-10 l, et seq., and for the operation of a restaurant Concessionairc shall operate the Leased Premises in a careful, safe, quiet, orderly, and businesslike manner. Concessionaire shall not use or permit the premises to be used for any purpose that is prohibited under the laws of the United States, statutes of the State of Colorado, or ordinances, regulations or codes of the City of Englewood or the City of Sheridan. Concessionaire shall provide food and/or beverages including alcoholic beverages on the golf course through the use of sheds, a cart or a combination thereof. Operation time ,nd , use of the sheds and cart(s) shall be provided by the Concessionaire and shall be approved by the City Manager or designee in the same manner u Section 8. Use of cart(s) shall follow the same rules and regulations u golf course rental carts. Shed design shall be approved by the City Manager or his designee. Use of a cart shall not interfere with the operation of the golf course. Service to the golfen on the course shall be reviewed by the City Manager or bis designee every six ( 6) months. Entertainment of any nature that Concessionaire proposes on the premises shall be subject to prior approval by the Englewood City Manager or his desipee, which approval shall not be unreasonably withheld. If the City determines 111y entcrtainmc:nt to be objectionable, City shall notify Concessionaire in writina thereof and Concessionaire shall terminate said entertainment immediately. Section 6. EXCLUSIVE RIGHT TO USE PREMISES. City hereby grants to Concessionaire the exclusive right to use the Lcued Premises to operate a ,cstaurant and to purvey alcoholic beverqes. Use of wndina machines by the Concessionaire must be approved by the City Manaacr or desi&nec- Section 7. MENU . The Concessionaire shall provide an attnctive menu for breakfast, lunch, and evenina meals listing meal items, beverages available and current pric:ina. Menus, pricina and changes to menus or pricing of menu items shall be reviewed and approved by the City Manager or his designcc . 3 .. t • • Section 8. HOURS OF OPERATION. a) From May 1st throup September 30th of each year, the Concessionaire shall operate the ra1aUr8Dt facility seven (7) days per week and durina tbese months shall be open each day to serve meals to the public from one-balfbour before dawn and shall remain open until at least 10:00 p.m. b) During the months of October lsttbrouahApril 30th of each year, the Concessionaire shall operate the restaurmt facility seven (7) days per week and during these months shall be open each day to serve meals to the public at dawn and shall remain open until at least 8:00 p.m. c) Hours of operation, includiq the hours of shed and cart operation, may be modified with written approval from the City Manaacr QI' bis desipee. d) Sunday closina at 8:00 p.m. is permiued. Notbina herein shall be canstrued u prolu"biting the Concessionaire from being open for other hours in addition to those Slated in panarapbs •a• and ~· abow. Restaurant may cloae on CbrillmU Day. c) Concessionaire qrccs to cooperate with the Golf Counc Manager in 1chedu1ing golf mectinp and events that involw UIC of the 8lill, mcetina room and dinina room. In the cwnt of any disagrccmcnt, the matter lhall be referred to the City Manapr or bis designce. f) MAINTENANCE. REPAIR. AND REPLACEMENT. i . The Conccaionaire shall be rapomible for npain CJIJ/or replacement of small appliancel, dishes, ....... siherware, and other equipmmt and miscellaneous cooking potl, pllll and UlleDli1I. ii. ~ City shall be responstl>le for the cost and IClection of the COll1nctOI' for maintenance, repairs and replacement of the stove. &rill and own. hood and fire suppression system, deep fat fiyer, linb, ana-c 1n1p, cabinela, dishwashers, &ec.:r, wallc-in ooolcr, bar refripration, t\imi1ure, and mack bar cooler. The Concessionaire shall be responstl>le for the fint tine tbouand fiw hundred dollars ($3,500.00) of outside contractor expense or pertl purchased by the City and tbcrcafter the City shall be l'ClpOllllDlc for all additional com, unless such cost is due to nesliaence or other IC1S by Concessionaire or employees of Concessionaire. g) Concessionaire and or the City may tcmponrily close the rcstaunnt facility for cleaning, construction and maintenance under a mutuall y agreed upon scbedule. 4 ( CJ SECTION 9. CLEANLINESS GUIDELINES . The Concessionaire will maintain, at all times, the kitchen, food preparation, dining and banquet areas, all equipment, fixtures, paraphernalia, materials, utensils and other items there in, in a clean and sanitary manner, poliahed and waxed to the highest degree possible. Concessionaire shall keep the concession facilities clear of broken glass, debris, and garbage. Concessionaire shall dispose of any waste water or other waste fluid in the sanitary sewer. In the event waste fluids may not legally be disposed ofin the sanitary sewer, then Conceasionaire is responsible for disposing of same in an appropriate and lawful manner. Conceasionaire shall comply with all applicable health and sanitation laws and regulations in effect where the food/beverage areas are located. The Conceasionaire shall permit and facilitate inspection of the food/beverage areas by the City and its representatives and by public health/sanitation/building/fire authorities so authorized at all times. The following shall establish the minimum sanitation guidelines for the Concessionaire : a) The Sanitation Code of the U .S. Food Service Industry as published by the National Restaurant Association. b) All State of Colorado Acts and Regulations governing food service operations. c) All applicable County Public Health/Sanitation Regulations. d) All app licable Federal Government Acts and Regulations. e) Any specific guidelines established by the Manager . SECTION 10. SANITATION REGULATION AND JOB INSPECTION. a) Informal inspections of the food service facilities are to be conducted weekly by the Conceasionaire. An inlpection checkliat ia to be prepared and completed by the Concessionaire for each inspection, and said checklista are to be made available to the City upon ita request. A complete report of corrective meuure1 taken or to be taken for any deficiencie1 noted should accompany the inspection report. b) Informal inspections of the food service facilities are t.o be conducted daily by the Co ncessionaire with immediate corrective measures taken for any deficiencies noted . c) Formal inspections of the food service facilities are to be conducted a minimum of two (2) times per year, on a quarterly baaia, by the City's designated representative, accompanied by the Conceasionaire. Section 11 RENT . a ) Conce ssionaire shall pay rent t.o the City in accordance with the followinf schedule : i. Commencinc on the Conceuionaire ahall pa, $3,000 per month or $36,000 per year. s ' .· .. • • The aforesaid fixed rent payments shall be paid each month, in advance, on the first day of each month or on the first Monday of each month if the first day falls on Saturday or Swiday. A penalty fee ofSl0.00 per day or part thereof shall be charged for each day or part thereof that the rent is past due, witil 12:00 midnight on the 14th day past due. If the rent payment is not received by midnight on the 14th day past due, the Concessionaire shall be in violation of the terms of this Agreement, and subject to termination. Section 12. UTILITIES . City shall provide all utility costs for operation Section 13. JANITORIAL SERVICE AND TRASH REMOVAL . City shall be responsible for the reasonable cost of trash removal and janitorial service for the Leased Premises. Nothing in this Paragraph shall diminish the Concessionaire's requirements set forth in Paragraphs 9 and 10. Section 14. PARKING FACILITIES. a) The existing parking facility adjacent to the Restaurant concession (hereinafter called "parking facility") shall be open for use by Concessionaire and its customers; such right of use of the said parking facilities shall be non-exclusive right b) City shall at its own expense maintain the parking facility, which shall include snow removal when necessary. Section 15. SIGNS . The City shall maintain an entrance sian with the name oftbe Concessionaire. The Concessionaire shall be allowed equal space on the entry sian. Any other sipge for the restaurant shall be the sole responsibility of the Concessionaire. All sianage must be approved by the City Manager or bis designee. Section 16. PHYSICAL FACILITY AND EQUIPMENT. City agrees to provide space, fixtures, equipment and furniture for an equipped lcitchen, bar, lounge area, grill, snack bar and two dining/meeting rooms. Concessionaire agrees not to move existing partitions separating dining area and meetina room without the written permission of the City Manager or his designee . 6 .. t • • J Section 17. ADDmONAL FACILITIES AND EQUIPMENT. Concessionaire shall have the right to install additional facilities and equipment with the consent of the City Manager or his designee. Said facilities and equipment shall become the property of the City upon the termination of the lease. Section 18. SECURITY. Concessionaire is responsible for the obtaining of theft insurance covering all food, liquor, and other supplies and personal property of Concessionaire. Such policies shall contain no right of subrogation against the City. Concessionaire shall provide a copy of the policy to the City Manager or his designee. Section 19. PERSONNEL. a) Concessionaire shall at its own expense employ such qualified personnel u may be necessary for the concession operation and shall require all personnel to be clean, polite, and courteous in their transactions with the public. b) Concessionaire shall aive personal supervision and direction to the operation of the concession and, when absent, keep competent personnel in charge. c) City shall not be responsible for the wages or salaries of any employee or representative of Concessionaire, nor for any debts, liabilities or other obliptions of Concessionaire. d) Neither the Concessionaire nor the employees who perform services pursuant to the Agreement shall be considered eq,loyees, servum or aamts of the City of Englewood as a result of the performance of services under the Agreement. e) Violence and acts prolu"bited by law committed by Concaaionaire or employees of Concessionaire shall cause imnediate lamination of the Lease. 7 -- 0 Section 20. LICENSES AND PERMITS. Concessionaire, at its own expense, shall secure any and all licenses and permits for food services and purveyance of alcoholic and non-alcoholic beverages. Concessionaire agrees to promptly initiate an application and obtain a Hotel and Rcs1aurant Liquor License pursuant to C.R.S. 12-47-101 ct seq. Concessionaire shall have the responsibility of the enforcement of all liquor laws and regulations on the premises. Concessionaire shall reimburse the City for all license fees it has paid to Sheridan and the State of Colorado. Section 21. COMPLIANCE WITH STATE AND CITY HEAL TH CODES. Concessionaire shall keep all concession areas in a clean and sanitary condition at all times and shall comply with all State, County and City health laws relating to the dispensing of food and beverages. Section 22. IN'SURANCE/JNDEMNIFICATION. a) Concessionaire agrees to furnish to City a performance bond or letter of credit in the amount ofFifty Thousand Dollars ($50,000.00) or a cash deposit in the amount of ten thousand dollars ($10,000) guaranteeing faithful performance by Concessionaire of all tcnns, covenants, and conditions herein contained and compliance with applicable City ordinances. Said bond shall be furnished as of the date of execution of this Lease. b) Concessionaire shall at Concessionaire's own expense keep in full force and effect during the term of this Lease statutory Worker's Compensation coverage. A copy of the certificates of insurance shall be sent to the City in care of the purchasing division. c) IN'DEMNIFICATION. Concessionaire agrees to indenmify and hold harmless the City of Englewood, its officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on account of injury, loss or damage, of any kind whatsoever, which arise out of or arc in any manner connected with Concessionaire, if such injury, loss, or damage is caused in whole or in pan by the act, omission, or other fault of Concessionaire, or any officer or employee of Concessionaire. Concessionaire agrees to investigate, handle, respond to, and to provide defense for any such liability, claims, or demands at the sole expense of Concessionaire, and agrees to bear all other costs and expenses related thereto, including court costs and attorney fees, whether OI' not any such liability, claims, or demands alleged are groundless, false, or fraudulent. d) IN'SURANCE . i. Concessionaire is to procure and maintain, at its own cost, a policy or policies of insurance sufficient to insure apinst all obligations assumed by Concessionaire pursuant to this Lease. 8 ' . .. .. • • I ii. Concessionaire shall procure and continuously maintain the minimum insurance coverage's listed below, with the forms and insurers acceptable to the City ofEnglewood. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. (A) (B) General liability and errors and omissions insurance with minimum limits of one million dollars ($1,000,000) per each person and one million dollars ($1,000,000) per each occurrence, plus an additional amount sufficient to pay related attorneys' fees and defense costs. Liquor Legal Liability Insurance, with minimum limits ofSl,000,000 for injury or death of any one person; S 1,000,000 for injuries or death occurring as a result of any one accident; $1,000,000 for property damage; and S 1,000,000 for products liability. A certificate evidencing said insurance policies shall be kept on file with the Clerk of the City and the City Purchasing division and shall have a provision that the same shall not be altered, amended, or canceled without first giving written notification thereof to the City thirty days prior thereto . Concessionaire further agrees to indemnify the City for any claims brought against the City because of or on account of Concessionaire's operation. iii. Fire and Extended Coverage Insurance shall be provided by the City on the Club House building, and extended buildings included in Leased Premises, only. Concessionaire shall be solely responsible for securing and paying for insurance coverage on those improvements and contents belonging to Concessionaire located in or on the Leased Premises. Concessionaire hereby expressly waives any cause of action or right of recovery which Concessionaire may hereafter have apinst City for any loss or damage to Leased Premises or to any contents or improvements thereto belonging to either party, caused by fire or explosion. iv . The policies required above shall be endorsed to include the City of Englewood and the City of Englewood's officers and employees as additional insured. Every policy required above shall be primary insurance, and any insurance carried by the City of Englewood, its officers, or its employees, or carried by or provided through any self-insurance pool of the City of Englewood, shall be excess and not connibutory insurance to that provided by Concessionaire. v. The certificate of insurance provided to the City of Englewood shall be completed by the Concessionaire's insurance agent as evidence that policies providing the required coverage's, conditions, and minimum limits are in full force and effect, and shall be reviewed and approved by the City of Englewood prior to commencement of the Agreement. No other form of certificate shall be used . The certificate shall identify this Agreement and shall provide that the coverage's afforded under the policies shall not be canceled, terminated or materially changed until at least 30 days prior written notice has been given to 9 ' .-.. .. ,• -·· • • - the City of Englewood . The completed certificate of insurance shall be sent to: City Clerk City of Englewood 1000 Englewood Parkway Englewood, Colorado 80110 A certified copy of any policy shall be provided to the City of Englewood at its request. A copy of the certificates of insurance shall be sent to the City in care of the Purchasing Division, 2800 South Platte River Drive, Englewood, Colorado 80110. vi. The parties hereto understand and agree that the parties are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations (presently $1,000,000 per person and $1,000,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Inununity Act, C.R.S . 24-10-101 et seq., as from time to time amended, or otherwise available to the parties, their officers, or their employees. A certificate evidencing said insurance policy shall be kept on file with t!;,e City Clerk of the City and shall have a provision that the same shall not be altered, amended, or canceled without first giving written notification thereof to the City thirty days prior thereto. Concessionaire further agrees to inderrmify the City for any claims brought against the City because or on account of Concessionaire's operation. A copy of the certificates of insurance shall be sent to the City in care of the purchasing djvision. Section 23. FIRE OR NATURAL DISASTERS. In the event fire or nanual disaster renders the Club House and its concession facilities inoperable, the Concessionaire shall be released from the terms of compensation to be paid the City until such time as the Club House and its concession facilities are declared open and operable by the City. If in the event such concession facilities are not open and operable within a period of thirty (30) days from the time of such disaster, Concessionaire has the right to terminate its contract and Lease with the City under Section 24, Termination of Lease, contained herein. Section 24 . TENANT RECORDS. Concessionaire shall keep and maintain complete and accurate records and accounts of its business on a calendar year basis . A monthly repon shall be generated providing a breakdown of "gross sales" into the following categories: Restaurant Operations, Catering Operations, Bar Operations AND ANNUAL AUDIT. Such records shall be maintained in accordance with generally accepted accounting principles and shall be audited annually by an independent accountant certified in the State of Colorado. The records shall clearly show Concessionaire's &f'OSS sales, including proceeds from all catering activities . Gross sales shall be divided in restaurant operation.~. 10 ' .. t • • catering operations and bar operations . Such records and accounts, includina all sales tax rcpons that Concessionaire furnishes to IDY aovemmem or aovemmenta1 aaency sball be made available for inspection at any reasonable time upon request of the City, the City's auditor, or other authorized representative, and a copy of such annual audit, includiq all written comments and reco11111Cndations of such mclq,encfent ICCOUDlant, sball be furnished to the City Clerk within 90 days of the cloae of the fiscal year beina so audited. Section 25. TERMINATION OF LEASE. a) This Lease may, at any time, be terminated by either party upon ninety (90) days' written notice to the other without cause. b) The parties may t.erminale the Leue by livina thirty (30) days' written notice ofa violation ofparaarapbs S, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17. c) Violation of paragraphs 18, 19, 20, and 21 shall be grounds for immecti1te termination of the Lease. 11 Section 26. DELIVERY AND REMOVAL UPON TERMJNATION. Concessionaire will deliver the premises at the termination of this Lease in as good condition and state of repair u wbel. received, except for ordinary wear 1111d tear or loss or damage caused by an act of God. Upon termination, ConcessiOlllll'C shall have the right to remove any supplies or personal property belonging to or inatalled by the operator, subject, however, to any valid lien or claim which City may have for unpaid fees. Provided also that if said removal causes any damage to the premises, said ConcessiOlllll'C wm repair the same in a proper and satisfactory manner at its own expense. All liquor licenses shall be transferred to the City of EnaJewood or new concessionaire. At no time shall Concessionaire terminate, alter or surrender the liquor lic:enae without approval of the City of Enalewood. The Concessionaire shall be subject to injunction to prevent surrender or injury to the liquor license. Upon termination, the attached Power of Attorney shall be operative and shall allow the City to operate the establiabment pursuant to law. In the event the liquor license is transferred to the City of Englewood or new concessionaire, the City shall pay the Concessionaire $2,500 .00 less any offsets allowed by the prior provisions of this Agreement Section 27 . This Agreement may not be assigned and a sublease shall not be allowed without the written consent of both parties. Section 28 . NOTICES. All notices, demands and conummications hereunder shall be personally served or given by certified or registered mail, and: a) If intended for City shall be addressed to City at: City of Englewood Attention: City Manager l 000 Englewood parkway Englewood, Colorado 80110 12 • with a copy to: City ofEnglewood Attention: City Attorney 1000 Englewood Parkway Englewood, Colorado 80ll0 (J b) If intended for Concessionaire shall be addressed to Concessionaire at: Caddie Shack 201 Denargo Market Denver, Colorado 80126 with a copy to: Jim Dadiotis 201 Denargo Market Denver, Colorado 80126 c) Any notice given by mail shall be dccmcd delivered when deposited in a United States general or branch post office, addressed as above, with postage prepaid, or when served personally at the applicable address. Section 29 . ENTIRE AGREEMENT. This Lease, together with the exhibits attached hereto: a) Contains the entire agrccmmt between the parties; and b) Shall be governed by the laws of the State of Colorado. Section 30. SEVERABil.ITY. If any clause of provision of this Lease is illcpl, invalid or unenforceable under present or future laws effective during the term of this Lease, then and in that cvcnt, it is the intention of the parties hereto that the remainder of this Lease shall not be affected thereby. It is also the intention of the parties to this Lease that in lieu of each clause or provision of this Lease that is illegal , invalid or unenforceable, there be added u a part of this Lcuc a clause or provision as similar in terms to such illcpl, invalid or unenforceable clause or provision as may be possible and be !cpl, valid and enforceable. Section 31 . CAPTIONS . The caption of each Section is added as a matter of convenience only and shall not be consi dered in the construction of any provision or provisions of this Lease . 13 t • • Section 32. BINDING EFFECT. All terms, conditions and covenants to be observed and performed by the parties hereto shall be applicable to and binding upon their respective heirs, administrators, executors, successon and assigns. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals u of the day and year tint above written. CITY OF ENGLEWOOD, COLORADO "City" Doug)u Ganctt, Mayor ATTEST: Loucrishia A Ellis, City Clerlc CADDIE SHACK "COIICCSliomire" BM, 4:tti.c:-;.. ... ~ ........... ttimotis u Q BY.~~~~~~~~~~~- 14 rr1 >< ~ -co -, ---1 ~ I;> ' b o·,r ti - ~ . . ·• • • n ' ' L~ ... ·· ..... .. -~ .. ., . • . . . .. . '. ' . . . . ,· ;. ' ... J • !.' .., • •. I ,· .... . " .... \.:· •.: .. '·)' . ·~ ... ~ ---~ ---- I . ··--... -......... _ ·-.. -• "'7' ··- • ' ,J . \, .. .......... ,. -- ' ( COUNCIL COMMUNICATION Date: Agenda Item: Subject: Sep tember 7, 2004 11 bi Case 2004-05 Denver Seminary Planned Unit Development Initiated By: Staff Source: JVF, LLC John Forstmann, Manager Tricia Langon, Senior Planner PO Box 7890 292 Holden Road Avon, Colorado 81620 COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council co nsidered the proposed Denver Seminary Planned Unit Development (PUD) at first reading on Jul y 19, 2004. Council conducted a Public Hearing to consider public testimony on the rezo nin g application on August 16, 2004. REQUEST The applicant has submitted a Planned Unit Development (PUD) application to rezone the propertv fro m MU-R -3-B Mixed-Use Residential/Limited Office-Retail District to Planned Unit De\ elopment. RECOMMENDED ACTION Stafi recomm ends that Council approve the Planned Unit Deve lopment with the following co nditions : ., 3 Dedica ti on of the South U niversity Boulevard continuous right turn lane. Conwucuo n of the public im prove ments as proposed . Prior to recordi ng an Development Restrictions and Covenant documents, the City ,h.ill re\ 1e\v such documents to assure that the documents are consis tent with the p D. 4 Applican t shall provi de I\ o recorded copies 01 all Development Restrictions and Co\enan t do uments to the Ci ty . This recommendatio n r~?resen ts the following substantive changes to the conditions publi<hed at First Read ing:· !• ' .. .. • • This amendment is recommended because land dedication can be accomplished by several processes; requiring that it be done through the Major Subdivision process restricts other possible dedication options. Eliminate Condition 5 since the applicant has addressed this issue and the requested definition has been included on Sheet PUD-4. LIST OF ATTACHMENTS Bill for Ordinance (As amended) Exhibit A (Dated September 7, 2004) • • BY AUTHORITY , -mtiES of' "2004 • - AN ORDINANCE APPROVING THE DENVER. SEMINARY PLANNED UNIT DIVi!LOPMENT (PUD) LOCATED AT Mal SOlJ'l1l UNIVDlffY liOUL8UD, IN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, NF, LLC owners of the property at 3401 South University Boulevard, Englewood, Colorado, submitted an application to rezone the property from MU-R-3-B Mixed-Use ResidentiaULimited Office-Retail District to Planned Unit Development (PUD); and WHEREAS, the Denver Seminary property is an 11 .41 acre site with the proposed mixed-use development of residential and commercial uses; and WHEREAS, the Planning and Zoning Commission held Public Hearings on June 22, 2004 and June 29, 2004 and took testimony on the subject property which is currently zoned MU-R-3-B Mixed-Use ResidentiaULimited Office-Retail District; and WHEREAS, the Planning & Zoning Commission recommended approval of the PUD with the following conditions: 1. Dedication of the South University Blvd. continuous right turn lane shall be by Major Subdivision. 2. Construction of the public improvements as proposed and as a condition of the PUD approval. 3. Prior to recording any Development Restrictions and Covenant documents, the City shall review such documents to assure tha~ the documents are consistent with the PUD. 4 Applicant shall provide two recorded copies of all Development Restrictions and Covenant documents to the City. 5 . Clarification of Notes 4 and 7 on Sheet PUD-4 regarding enclosure of private balconies and terraces to ensure future definition of "enclosur~". WHEREAS , all of the requirements have been addressed; and WHEREAS , the Commission recommends approval of this Planned Unit Development ; -1- .. • • NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section 1. The Planned Unit Development, for property located at 3401 South University Boulevard, in the City of Englewood, Colondo, is hereby approved with the conditions noted above. Section 2. Punuant to Article V, Section 40, of the Englewood Home Ruic Charter, the City Council bas determined that this Ordinance shall be published by title because of its size. A copy is available in the Office of the Englewood City Clerk. Introduced, read in full, and passed on first reading on the 19'~ day of July, 2004. Published by Title as a Bill for an Ordinance on the 23"' day of July, 2004. A Public Hearing was held on the 16'~ day of August, 2004. Read by title and passed OD final reading OD the 7th day of September, 2004. Published by title as Ordinance No. __, Series of 2004, on the 10th day of, September, 2004. Douglas Garrett, Mayor ATTEST: Loucrisbia A. Ellis, City Clerk I, Loucrisbia A. Ellis, City Clerk of the City of Enalcwood, 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 2004. Loucrisbia A. Ellis -2- • t • • , . ·• • • . .-· ... • •': .,. . ~ ... : .. . ·~ . .. ·J . :-. ~ ,• .. ,, _.: . ... ~ .. ': . ·~ :' .. '\. ·,·. ·. · .. ~ ... ~. . ..... .: ... . .• •· ·~ •... (--- ( ' l ':-:-' :··--} '.i.__J • , .. \, - .. .I-, t • • • • """'°'"' ·--y f ~~- •AOUTY lllANSPQlllf.t.flON F',tQJTY 'UTIJTY f'.+.OIJTY DENVER rAg,!TY -•Ulll Ul\lTY rAQJTY -_ - --Ul\JTY •AOUTY (A$ • ooiiCil'~ UIUI!'~ SEMINARY PLANNED UNIT DEVELOPMENT (DISTRICT PLAN) ENGLEWOOD, COLORADO AGENcv cONTACT usT Exhibit A All lll'Pl'fWil 165 SOUTH UNION 91..-..0 , SUtl( 1541 CARRW. • LANGE INC l.AK(#OOO, COLORADO S0228 ST(PHEN HNriMONO (JOJ) 9!10-0200 M121J1CJ11K 1620 LOGAN STREET OA\10 O'IEN TRYBA ARQ41T[CTS OEN~. COLORADO 90203 DEAN F"MEMAN (303) 831 -4010 JltlPTADII 'MMD FEl.S8URC MOLT & ULI..["1C 7051 [. MAPL£WOOO AV[., SU ITE 200 CR££'NWOOO IIIUAGC, COLOAAOO 901 11 OfRISTOPHCR F'ASCHINC (JOJ ) 711-1 4-40 292 Ho..DCR RO. P.O. BOX 78i0 SIJE DATA TOTAL SIT£ SQUARE F"OO TACE RCSIOCNTIAL USES CCMCROA4. U5ES lYON, COLORADO 8 1820 JOHN FORSTMANN CL.U8 HOOSC/COMWOW BUILDING USE TO-...HOUSC CAR.\GiE 95,HJ )C 1 • 95,HJ COHO<MNIUM GARAGE 1~,2l3 )C 2 • 290,468 MTAIL GAR.ACE 75,548 X 2 • 151 .096 LNC)SCAP(/OPEN SPACt: PUIIUC RICHT Of WAY LANDSCAPE BUIU)lrif(i HOC>iTS S\JB't£YEP LEGAL DESCRIPTION (070) 748-1100 •e 1.011 s_r UP TO 800,000 S.f UP ·o ss .ooo s r UP TO 25,000 S.f' UP TO 95., 993 s.r UP TO 290,468 s.r u P n 151.0N s.r 1'8,370 S.f . 7,814 S.F. !,£( 51,T( PLAN A P.tl!CCL Of LANO LOCATtO IN ll1t SOUTWEAST QUARTER Of' T1-tE SOUMAST OUARTU' or SECTION J5, TO'IIINSHtP • 50.Jll-4. RANG[ ee 'IICST Of llt[ SIX™ PftlNOPAI. liilERIOIAN. QTY or (HQ.(WOOO, COUNTY or ARAPA>iOE. STATt or COLORADO , litORE PARTIOJLARI..Y D(satlBEO AS F"Cl.LO'IIIS: CCMIENCINC AT THE SOUMAST CORHEA or SAID SCCOON )5; THENCE N00~·42•w ALONG TI,£ YEST UN( or THE SOUTHEAST OUARl[R OF S.t.10 SCCTION 35 A OISTA.'ict fY' 90.01 FCET; THENCE SM~7'43"W A CI STAHCE Of <I0.00 ft£T TO THE NORTHEAST CORNER Of T'HE EAS T HAMP0£N .\'¥'£NU( (STArt =~AJ. 2:= ~:~ :c:c~ec~C-:fH 9B: b}5~)l~'!sf~~:c A'tU«JE RIOHT OF WAY AS DESCRt8EO AT SAID 80()( 11!9, PAGE 590 THE rouo ..... lHAEE (3) COURSCS: 1) T1i£HCC Sll'5T'3'"W A DISTANCE or J80." FUT; 2) MNa: NIMo',rw A DISTANCE OF 100.10 FUT; J) 1liENCC Sl8'57''J·w A DISTANCE OF 141.10 F'EE l TO A POINT ON TH(. WEST UNE or THE EAST HALT Of THE SOUTHEAST QUARTER Of THE S«JTHEAS1 QUARTER Of SAID sccnON .l!; THCNa: HOO'O''Jt"W ALONG THE 'lll(ST UH[ Of TH£ EAST H#,1.f Of T1-IE SOUTHCAST OUNITDI or lH£ SOOTHEAST OUMTEI' or 5AI[) SECllON J.5 14 DISTANCE or 717.84 f"[ET TO A POINT ON ll-t[ SOUTk UHE Of lk.00< 9, HAtilPDCN Hill.$ SECCM> FlUNC AS FlLED IN TH[ ARAPAHO( COUNTY Q.(RK AA O RECORDER 'S omcc AT RECEPnON NO. 518657; THOICC S89'48'02~E AlONC TH[ SOUTM LINE OF SAaD Bt..00<. I A OISTANCC 821 .30 F'EET 1'0 l1-t£ S0lf '11EAS T CORNER Of SAID 81..()Q( I: SNO POINT ALSO BONG ON THC WCS1 R.ICHT OF WAY LINE Of SOUTli UHl"«RSITY 9CU.lVAR0; TH[NC( 500"05'42•e AI...OHG THE wtsT RtOHT or WAY UN( or SOUTH UNt~RSITY BOU\..EVARO A DISTANCE or 800.0, F[[T TO THE POINT Of B(QNNINC; SAIO PARCEL CONTAINS 497.011 SQUARE f'CET. 11.41 ACRES WORE or LESS ~EET IH~ -1C PLAN PU0-2 £>OSTING SIT[ PLAfril P\.10-3 PROPOSED PHASINC PLAN PUD-4 PROP01ED SITE Pl.AN PUD-5 PROPOSED OffSIT( UTILITY PlAN PU0-8 P9'0POSED ONSITE UTILITY Pl.AN PU0-7 PROP05ED SIJl¥Aa: PARKINC PLANS PU0-1 PROPOS[O 81/82 PARKING PLAHS PUO-t PROPOSED PE0£STRIAN QRCULATION Pl.AN PU0-10 PROPOSED UNOSCAPE PUN ,U0-11 PROPOSED SI~~ Pl.AN ~-? ~~ ... IMO~ifltl''Li~""'GS 2 of :Z ALTA/ACSM UHO TITlE SUR\O $1GNAJUBE$ ~ FOIi DOl\oUI S[WINIY, A COLORADO NON-PIIOflT OOIIPOIIA'IION "-"-Y -AS CONSERVATI~ BAPTIST MOLOGICAL .-ARY SIQNAI\JII( OAT[ STAT( CS COLORAOO COUNTY Of ------ TWC f"OR(GOINC IHS"'1..IMCNT WAS AO<HO'IIUDG£0 BCFOAE ME TI·il!, ___ DAY Of ____ A.0., 20--8Y ____ _ AS a, ____ _ MY COIAltSSION EXPtMS. _____ _ NOTARY PUIIUC OAT[ PlAHNNC ANO ZON~C COWWISSION RECORDING SECRETAR Y OAT[ 0 Alt: THC F'Ofl(OQIHG APfl'ftOVAL WAS .t.O<NO-..CDOCD 8UOR( 1ri1E: TH IS--OA• or ____ Ao , 20 __ ev ____ _ QTY CUlO< CUii( NilJ IICCOIIDIJl'S om<:( MS P\.AM€D UNIT 0£\4:1.QPMCH T IS A.Ca:PTCD f"OR 'lJNC fN THl. 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' • • • • ·• - • •• 0 CJ ,, -·---- ' ~ . . • . . . • • (. 1. 2. 3 . AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL TUESDAY, SEPTEMBER 7, 2004 7:30 P.M. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 Call to order. rJ; l:J; ~ L ... L. ~~ I Invocation. !()IQ~ Pledge of Allegiance. ~ 4. Roll Call. r1JJ 'l ~ 5 . Consideration of Minutes of Previous Session . ~::o Minutes from the Regular City Council meeting of August 16, 2004~ 6 . Recognition of Scheduled Public Co!!)ll~,r."{Pleai:e11imfiyciur~~:niiiiwinJoleii:mllllldli.l Jc/{) i Becky Hammer, E ood citizen, will address City Council regarding pa_rticipition I Concrete Pro m. ?/)?J ~/,-If~ 6'"'f'5 -~. #1,(ru,.J e 7. Recognition of Unscheduled Public Commen . entation to five minutes. Time for un sc heduled publi c co mment may be limited to 45 minutes and if limited shall be continued to Genera l Discussio n.) ~ ~ 1 Comm uni ca tio~s, Proclam~tions, and Appointments. ~-,.1 ": Jette ~ fromJ~';i_Woodward indicating his resignation from the Englewood Urban Renewal ~ Authonty . ~ ~?~roclama l ion declari ng th e week of September 17 -23 as National Constitution~ Plea e note , If ou ha,e ad, abd,ty and need awoliMy aids or services, p1eue notify the City of Enalewood (303 ·762-2405) at I a t 48 hours in ~MKe of when seMCes are needed. Thank you. , .t • 0 • • .. • • Englewood City Council Agenda Septembe r 7, 2004 Page 2 9. Consent Agenda Items . a. b . Approval °g1nances on First Reading. Approval of Ordinances on Second Reading. Council Bill No . 50, approving an Intergovernmental Agreement with the State of Colorado Economic D~e~o~~e~~ ~~mission for Ar apahoe County Enlerprise Zone grant funding . /II~ c. Resolulions and Motions. ff' 10. Public Hearing Items. (No Public Hearing Scheduled .) ~ 11 . Ordinances, Pesolutions and Motions . ., 14 . a. Approval of Ordinances on First Reading. i. Council Bill No 51 -Recommendation from the Parks and Recreation Department To adopt a bill for an ordinance approving the Golf Course Restaurant Concessionaire Agreement between the City of Englewood and Caddie Shack, LL~ .. L . A . _ _:~,lit:~l{RCE: Jerrell Black, Director Parks and Recreation Department, and/d ~ ofi Spa a, olf Operations Manager. ity Allorney Report P1e.i e oote If ou ha\e a disabtl1ty and ~ed .iu,iuy Aids Of MfVices, pluse notify lhe City of Enatewc,od .._ ____ (l~)-762-2 405 ) ,U le.i I 48 hours in ildv~e of when services are needed . 1Nrllc .. .. .• • 0 • • ( Engl ewoo d City Coun cil Agenda Septem be r 7, 2004 Page 3 The following minutes were transmitted to City Council between August 13 and September 2, 2004. • Firefighters' Pension Board meeting of February 12, 2004 • Police Officers' Pension Board meeting of February 12, 2004 • Alliance for Commerce in Englewood meetings of March 11, 2004, April 1, 2004, July 8, 2004 • Non-Emergency Pension Board meetings of May 11, 2004, May 25, 2004 • Board of Adjustment and Appeals meeting of May 12, 2004 • Parks and Recreation Commission meeting of July 8, 2004 • Transportation Advisory Committee meeting of July 8, 2004 • Public library Board meeting of July 13, 2004 • Planning & Zoning Commission meeting of August 3, 2004 • liquor licensing Authority telephone poll of August 18, 2004 ..., l'le.i,e notr If you h.i,e a d1sabilt1y '10d need auxiliMy aids°' seMCN. pleue notify die City ol lJttlewood f)0)-762-2 405) .it lea t 48 hours in ~MiCe olwhen servicn are needed 1hM1k ; • 0 • • • , . . •