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HomeMy WebLinkAbout2004-09-20 (Regular) Meeting Agenda PacketRegular Cicy Council Meeting September 20, 2004 Ordinance (~~54, 55, 56, 57 Resolution # ~~88, 89 , 90, 91, 92, 93 0 I. Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session September 20, 2004 0 0 The regular meeting of the Englewood City Council was called to order by Mayor Garrett al 7 :35 p.m . 2 . Invocation The invocation was given by Council Member Barrentine. 3. P1ec11e of Allqiance The Pledge of Allegiance was led by Mayor Garrett. 4 . Roll Call 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 Flaherty City Clerk Ellis Director Olson, Safety Services Director Gryglewicz, Finance and Administrative Services Director Simpson, Community Development Senior Planner Langon, Community Development Director Black, Parks and Recreation 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 SEPTEMBER 7, 2004. M ayor Garrett asked if there were any questi ons, comments or corrections. 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 a) Mayor Garrell said Director Chris Olson will address City Council acknowledging Craig Hospital fo r it s s upport of the Englewood Department of Safety Services. Direc tor Ol son said occasionally ii is our pleasure 10 really honor what we consider to be one of the finest organizatio ns in this City, if not in the country and, quite possibly, in the world as well, for some really significant t Englewood City Coundl September 20, 2004 Pagel work that they have done for us and with us . We have had an extremely excellelll work,na relat~1p with Craig Hospit~; ,wcr the last several years that they have been here. We would lite to cOftlinue with that tradlbOn. JIIII recently we have experienced wonderful cooperation with them regarding the trairun1 facilities they provided for us. in the form of homes that were being destroyed and so forth. but also for the cooperation from their staff. What I would like to do is ask Training Chief Kraig Stovall 10 pt.lase come forward and join me at the podium. Abo. I would like 10 ask Dr . Manley, who is II Senior Vice Presidelll at Craig, to step forward as well. aJons with Lee Means, the Director of Engineering for Craig Hospital. Gentlemen. Chief Stovall said I would like to read a letter that we drafted in honor of this occasion, in recopition of the contributions that Craig Hospital has made to trainin1 fire and police offken over the last several years. This is dated August 13111 from Chris Olson. the Director of Safety Services. ''The Department of Safety Services would like to take this opportunity 10 bring 10 the anention of the Enslewood City Council the conlribuliona of Crai1 Hospital to the training of our firefipten and police officcn. Over many years Crai1 Hoepital has partncnd with the Dcpanment of Safety Servk:es to provide trainin1 to Safety Services personnel by providin1 ldlplecedealed opportunities to train within the Hospital facility and it properties. The opportunity to train within a facility such as Craig Hospital is of inestimable value to our personnel in gainin1 experience in manasin1 tarsc ,cale incidcnu. Craig Hospital has also frequently offered the use of buildinp that have been ,cheduled for demolition. to our firefighters and SWAT tc:am 10 pin hands-on experience in life-lite sit~ that would, ocherwise, not be available to us . The Dcpanment of Safety Services would lite to extend its appreciation specifically to President Dennis O'Malley. Vice President of Operations Scon Manley, and Director of Eftaincerin1 Lee Means for their incredible s uppon for and cooperation with the trainin1 and development of our personnel. The invesanent of Craig Hospital and these individuals to the Department of Safety Services cannot be ovcrstaled. The EnsJewood Dcpanment of Safety Service extends its appreciation and commendation to Crai1 Hospical for its OUISlanding suppon in the trainina of fire and police personnel for the City of Enslewood." There was applamc . Chief Stovall said now the Dilector would lite to extend our appreciation. by virtue of a plaque. to Dr . Manley. Director Olson said our plaque is from the City of Enalewood and Mr . Scan sip.ain is on lien.• is mine. The plaque states. this i "An Out tandin1 Support Award p,cscllled to Crai1 Hospital in recosnition and appreciation of outstanding support for both fire and police IICfViccs trainin1, from the En1lewood Depanml:nt of Safety Services. Signed September 20. 2004." He prcscllled the plaque to Dr . Maril ·, There was applause . Direc lor Olson said and th, next award .-IO • very special person all of us have worked with for years and thi is, again. an ex client example of the coopcr~tion that we have with this wonderful facility thal we have in the City of Englewood. I would lite to read the award. It is called an honorary membership. h says. "All Hominry Membership m rcco1n111on and appreciation of OUISlandins support for bodl fire and police trainins IICfVices to Lee Mean . Lee Means is hereby conferred with honorary mcmbmhip in the Enalcwood Dcp.tJncnt of Safety Services. Signed th, dale -September 20. 2004." He prcscntcd the plaque to Mr . MeaM. There w applause . D1rec1or Olson 1d Kraig tuvall put a lo( of thi toacthcr , Chief Stovall. thank you. There was applause. Council sa,d thanl you ,cry much b ) 8111 layion Mi thank you for th, opponunity to spcu with you. I delivered a letter IO Council 1h1s last >1cek nd I hope II Sot IO you 5000 cnouati for you to read it. I am not l(>in1 to take a lot of your time this e,cmng. I ,uni 10. firs1 of all . thank the tty for I OfllOllll support of the House of Hope propam. It has been four }ear now .. 11 doc n 'I seem po&Slblc that II has ben tllat lont, but for four years now we have been providing ass1s1ance 10 homele fam,he IO help them bee~ IIIOff sclf-suffic-. As far I know, we have not yet had a complaint from 1hc nc,pt,o,hood If )()U· ICt a llan(e ou mipa dnve by and take a look a& die House of Hope. Th,s ...-a preuy o ld, rundown ldtnt when we kXJl 11 over 111d I don't dunk it has ever looked better. The lawn lools n,ce We've ,1t a bunch Boy outs doots Easle p,o.,ects Oii landKapins . Our new window are in. The 1nterK>r ha.s been paulled b ,ar,ous ,ol_ ~ In fact , ,er 111d over 11 has been pullled. Our efforts are to onhnll( I) ~nd ,ncn:melll.lll)' ,inpro,e Ille bwlJaftl Aad of oursc. that 1 ...-hy I am here tlus evcnin1. Our most recent p,o~,ts 111e our brand new ,.,ndo,. for bwldtns , "'htch have been ,llllalled. We also have SOIIIC a,a111 unJ, from the Daniel' Fllftd IO bllild a 'llpPIO '~ blc bldlroolll OIi the main floor. We arc not sure if ii II be phan1. because the Wlll:tunl hm,w,ons 1ft !Ml old bllild1ns . 8111 our hope is that we will be Enalewood City CouncU September 20, 2004 Pqe3 able to accommodate a handicapped family, which we really can't do at this point . We also have some other needs that we think we arc going to gel some funding for ... mainly a new fire panel. In that old building, the fire panel has been there a long time and while it is functional , it really isn't as good as it ought to be and we want to make sure everyone stays safe. Of course, all of these things cost money and our money comes from donations, or the support from the City of Englewood or the City of Littleton, United Way, Arapahoe County and other organizations. So, I am here this evening to ask you if you would exempt us from sales and use tax as we move forward on these kinds of projects. I would be happy to answer any questions you would have and I think the letter is pretty descriptive . Council Member Bradshaw said on the certificate of exemption the address is 4002 South Lowell Boulevard in Sheridan? Mr . Clayton said one of the things we have done from the very beginning ... the Western Arapahoe County Homeless Alliance ... is we tried not to become an organization. We don't have any staff and we don't have any employees, so we have tried to divert all of our rc50urces into the program. And that connection, Tina Podalak. who is the president of WACA ... that was her office address and that is the address that our mail went while she was working for Sheridan. She no longer W'Jl'ks for Sheridan and we have changed our office to 3301 South Grant Street, the House of Hope address . We need to correct that on the State's records. Council Member Bradshaw said and thi s license is good unu l when ? Mr . Clayton said it doesn't expire. as far as I know . She said okay . Council Member Barrentine said I wanted to let you know that when I took a tour of the House of Hope I ran into you, taking the time to save the additional -y and that you were trained and found out what the requirements were to keep their fire extinguishers up to date IO you could ao in and do thal younelf to save the additional money . I am sure that all of your efforts to save and vol..-wort an: appreciated over there . Thank you . Mr . Clayton said thank you . We try to be real fnapl UMI •the ... time. we ha,ie been ablolutely uncompromising in making sure thal the buildifta is ale for the raideab. Thae are people who are at risk anyway and they often don't have the knowledac dial maybe dlie raa of• would, about how to make sure that they are living in a safe environment. so I really feel dial we UIIC IO tab thal extra aep and work on thole things . Mayor Garrett said thank you very much. We .-.ity brina these thinp up toward the end of the meeting, if a council member brings them up . Mr . Cla)'IOll dlubd Ma:,or Clarfflt . 7. RecognltloaolUwlu•.a,• ,...C,mm1• There were no unscheduled vi iton. 8. Commualcatlom, PrPIN'NICJllulMIShwiMI ... AH II • ..,,., a) A proc lamatlOft dcdanna the_,. of September as Pain Awareness Month was considered. COUNCIL MEMBER WOLOSYN MOVED. AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DEC LARINC THE MONTH OF SEPrEMBER AS PAIN AWARENESS MONTH. Ma yo r Garren asked 1f there ,.ere any commenlS. There were none . Vote results: A) Motio n earned Counctl Members Barrentine, Moore . Bradshaw, Garrett. Wolosyn, Wood ward . Tomasso None Mayor Garrett cd 1f there ,. M)OM present to accept the proclamation . Council Member Wok n $aid I ailed CJ and let her know ... she either works nights or sleeps for that shift ... and I told her I v. IJ pd. 11 uc, nd drop 11 off. She al so asked me to extend her thanks and appreciation. t Englewood City Counc:U September 20, 2004 Page4 D b) A resolution appointing Alternate Member Laura Rogers as a Regular Member of the Urban Renewal Authority was considered . COUNCIL MEMBER WOWSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 8 b) · RESOLUTION NO. 86, SERIES OF 2004. RESOLUTION NO . 86, SERIES OF 2004 A RESOLUTION APPOINTING LAURA ROGERS TO THE URBAN RENEWAL AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO. Vote results: Motion carried . Ayes : Nays : Council Members Barrentine, Moore, Bradshaw, Garren. Wolosyn, Woodward, Tomasso None Mayor Garrett presented a City pin and certificate to Ms. Rogers . There was applause . 9 . Consent Agenda a) Approval of Ordinances on First Reading There were no items submitted for approval on first reading. b) Approval of Ordinances on Second Reading There were no additional items s11bmitted for approval on second reading. (See Agenda Item 11 -Regular Agenda .) c) Resolutions and Motions There were no addition.al resolutions or motions submitted for approval. (See Agenda Item 11 -Regular Agenda .) 10. Public Hearing Item, a) Mayor Garrett said this is a Public Hearing to gather public input on the proposed 2005 Budget for the City of Englt:wood . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO OPEN THE PUBLIC HEARING TO GATUER PUBLIC INPUT ON THE PROPOSED 2005 BUDGET FOR THE CITY OF ENGLEWOOD. Vote results: Ayes : Council Members Barrentine, Moore, Bradshaw, Garre1t, Wolosyn, Woodward, Tomasso Nays : None Motion carried and the public hearing opened . Director Gryglewi cz, being duly sworn, said I presented the City Clerk with Proof of Publication that notice of this public hearing was published in the Englewood Herald on September 3, 2004 and September 10, 2004. This is a Public Hearing to gather information on the City of Englewood 's Proposed Budget for 2005 . There will be a staff/Council retreat, which is scheduled for Saturday, the 25• of September. Mayor Garrett asked if anyone had questions for Frank on the budget . There were none . Englewood City Council September 20, 2004 Pages fl Mayor Garrett said in our packets we received these pamphlets ... the 2005 Proposed Budget Summary. At what point arc these published and when would they be available to the community? Mr. Gryglcwicz said they arc available right now. I did put some out on the table, by the signup sheet for this Public Hearing. The proposed budget itself is available ... the big book .. .in the City Manager's Office and the Library. lf someone wished to have a copy or excerpt of that, they could call the Finance office as well . Mayor Garrett said is this updated and reflective of our budget discussions. Mr. Gryglcwicz said it will be updated when it is passed and there will be a number of changes that will be discussed Saturday. This is a dynamic document and it changes day to day . There will be some adjustments that will be made there and also different department directors will discuss their proposed cuts at that time as well. Mayor Garrett said that meeting is open to the public? Mr. Gryglcwicz said yes. Mr . Garrett said it will be held where? Mr . Gryglcwicz said it will be held in the Community Room. Council Member Bradshaw said and at what time? City Manager Scars said 9 o'clock. Ms. Bradshaw said 9 o 'clock this Saturday. Mayor Garren asked if there were any other questions for Mr. Gryglewicz. There were none. He said thank you very much. Mayor Garrett said we had a roster for people to sign up who would like to testify at this Public Hearing and nobody signed up. Is there anyone here who did not sign up, who would like to address the Council on this budget for next year? There were none. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO CLOSE THE PUBLIC HEARING TO GATHER PUBLIC INPUT ON THE PROPOSED 2005 BUDGET FOR THE CITY OF ENGLEWOOD. Vote results: Ayes : Council Members Barrentine, Moore, Bradshaw, Garren. Wolosyn, Woodward, Tomasso Nays: None Motion carried and the public hearing closed. Mayor Garrett said thank you Frank. 11 . Ordlna-, Resolution and Modom a) Approval of Ordinances on First Reading There were no items submitted for approval on first reading . b) Approval of Ordinances on Second Reading i) Council Bill No. 40 (as amended) 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) • ORDINANCE NO. 52, SERIES OF 2004 Mayor Garren asked if there was any discussion . There was none . ORDINANCE NO . 52. SERIES OF 2004 (COUNCIL BILL NO. 40. INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE APPROVING THE DENVER SEMINARY PLANNED UNIT DEVELOPMENT (PUD) LOCATED AT 3401 SOUTH UNIVERSITY BOULEVARD, IN THE CITY OF ENGLEWOOD. COLORADO. Eqlewood City CouncU September 20, 2004 Pqe6 Vote results: Motion carried . Ayes : Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Woodward, Tomasso Nays: None Mayor Garrett said we wish you well on your project. ii) Council Bill No. 51 approving the Golf Course Restaurant Concessionaire Lease Agreement with Caddie Shack was considered . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (ll) • ORDINANCE NO. 53, SERIES OF 20IM ORDINANCE NO . 53, SERIES OF 2004 (COUNCil.. Bll..L NO. SI, INTRODUCED BY COUNCil.. MEMBER BRADSHAW) AN ORDINANCE APPROVING THE GOLF COURSE RESTAURANT CONCESSIONAIRE LEASE AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND CADDIE SHACK. Vote results: Motion carried. Ayes : Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Woodward, Tomasso Nays: None c) Resolutions and Motions i) Director Gryglewicz presented a recommendation from the Department of Finance and Administrative Services to adopt a resolution approving the Transfer of Funds from the Public Improvement Fund to the General Fund for Brownfields Loan Debt Service . He said this is a tramfer from the Public lmprovemeoa Fund to the General Fund. We generally make our leuc and debt paymelllS out of the General Fund, mainly so that we can account for them all in one place. This was initially discussed with Council at a preliminary budget and finance discussion that was held on April 1(16 of this year. The amount of the transfer is $100,063.00. And as I said, that is debt service payment on the Brownfields loan that was used at the ball fields that were constructed. Ma yo r Garrell asked if there were additional questions for Mr. Gryglewicz . 'ThcR were none . COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (I)· RESOLUTION NO. 87, SERIES OF 20IM, RESOLUTION NO . 87. SERIES OF 2004 A RESOLUTION APPROVING THE TRANSFER OF FUNDS TO THE 2004 BUDGET FOR BROWNFIELDS LOAN DEBT SERVICE. Mayor Garrett asked if there was any discussion . There was none . Vote results: Motion carried . Ayes : Council Members Barrentine, Moon:. Bradshaw. Garrett. Wolosyn, Woodward. Tomasso Nays : None 12 . ~ral DiKuuloa t Englewood City Council September 20, 2004 Pagc7 a) Mayor·s Choice Mayor Garrett did not have any matters to bring before Council. b) Council Members' Choice i) Council Member Bmlshaw: n · I . She said I would like to thank Jeff Sanchez for following up on all the issues on Fox Street. Than1': you very much and tell your crew thank you . 2 . She said there is graffiti on the south wall of the Silver Cliff apartments and we need to get somebody to address that. What happened was, during the construction, some trees had fallen and so some clever folks had decided to build bridges across, so that they could come over and graffiti a plain wall. Those homemade bridges have been removed, so we need to get the paint. 3 . She said I would like to bring up the House of Hope issue. Mr. Clayton had talked to me before '.his meeting and I think they provide a phenomenal service. I agree with Council Member Barrentine, he is very frugal. But, I think that we need to have an exemption for sales tax and use tax and permit fces. City Attorney Brotzman said if I may, as to an individual business, you may not exempt them or waive them. You may rebate or refund that amount. Ms. Bradshaw said okay, I think we should rebate or refund sales and use tax and permit fees. Council Member Wolosyn said are you saying always for the House of Hope or just for this instance? I just want to clarify. Ms . Bradshaw said I think always .. .I really do. Mayor Garrett asked if there were any questions or comments. Mayor Garrett said I guess the issue that I would have is, what is the criteria that we will set, as Council, for ~ng or reimbursing people for sales and use tax? Council Member Bradshaw said this is a non-profit that provides services to the whole county. They have taken a building that was an eye sore and a nuisance and turned it into a real viable part ofour community. And I think, rather than have them come back every single time, I don 't know why we couldn't do this , but Council ... feel free to jump in . Mayor Garrett said one of the things is that I have trouble sometimes approving, for one individual entity. something that other people may or may not qualify for . We also have a process called Aid to Other Agencies, which is something they can apply for and come back to us for, in essence, the reimburicment or even more, for those funds . And my preference would be that that is an avenue . The criteria we generally use for Aid to Other Agencies ... that they provide community service, are located in Englewood and arc helping our citizens ... they arc doing all of that. Co uncil Member Bradshaw said but the Aid to Other Agencies budget is so tight and we always have two or thn,e times the number of requests for the amount of money we do have. And, we have added several organizations in the last few years that we didn 't fund before. I think that budget is so tight, I just think we would be cutting another program to give them money . Mayor Garren said well. it is the same dollars. The only way we can fund Aid to Other Agencies is with sales and use tax dollars. for the most part. Ms . Bradshaw said I know . Mr . Garrett said so to me the dollars arc fundablc in the sense that 1f <NC give rebate out of one fund or another fund, it really doesn't ma11er. We only have a certain pocket of money to collect from . Ms. Bradshaw said, but my concern is, we have Meals on Wheels that provide 0 Englewood City Council September 20, 2004 Page8 J. t :. I . meals to all of our citizens, we have Doctors, Inc . that provide free medical treatment and I cannot see us in this day and age cutting any of those programs to maintain that $32,000.00 ... plus we have miscellaneous requests throughout the year. I really have to disagree with you on this issue. Mayor Garrett asked if there were any other comments or questions. Council Member Moore said if I may jump in ... maybe another aspect here is we are talking about refunding, when they are spending the money otherwise, as opposed to our dollar charity allocation each year is a fixed budget we allocate. What we are really saying is when the House of Hope is making improvements to the property, we are letting them do it. So, yes, we would otherwise collect that sales and use tax, but we also wouldn't be collecting it if they weren't doing those projects. So in that sense, it is, almost in a way, at their control. I am comfortable, myself, in going this avenue, as well as still having Aid to Other Agencies for its normal purposes. Council Member Wolosyn said if we are going to go this way, I would like to have something pretty tight written up about it. I just think that we really do have to be careful about the future . Council Member Bradshaw said future Councils can always reverse what we have done. This is a simple majority vote . Council Member Wolosyn said well I think it is nice if we make a statement of what our criteria is and why we are doing this ... in particular because we are singling out a place. Council Member Woodward said are we specifically talking about the sales tax and use tax for the real estate, the property itself or improvements there or for anything and everything? Ms. Bradshaw said for the improvements. Mr. Garrett said only for the location on Grant. Ms. Bradshaw said yes, only at the Grant location. But, Council Member Barrentine said, it has come up about some other organizations that, potentially, don't charge the citizens anything to do things where there are remodels or things done at their home or they are not charging the citizens if it would make it more attractive for them to provide those services for Englewood citizens. It might come up for some other entities. And if we were able to write things up so that we can allrllct those kinds of people to come in and service this community ... who aren't charging their citizens, who are improving their property, then it might be something we would want to look at. So, while I don't have a problem with doing the House of Hope, I think a community attracts businesses by even toying with the idea of not allowing them to pay sales tax for a certain period of time. If you have an avenue where you can take non-profit organizations that are donating or doin(! free work for people who are disabled or elderly or for whatever reason, and are improving their property so that they can remain in this community. that the subject will come up again . If you have an objection to the idea of it , then maybe we could discuss it now. Council Member Woodward said I didn't have an objection. I was just trying to get cle.ir on it . Ms. Barrentine said I didn't mean to look directly at you when I was talking, I'm sorry . Mr. Woodward said I was trying to get clear on who we were talking about, if we were talking about the improvements or if we were talking about all sales tax for any purchases that they may makc ... for office equipment, for whatever, that's what I was trying to get clear on. Ms. Bradshaw said they already have that certificate to take care of that. It is just that on the contractor and I think this bathroom addition is going to be sizeable. It really looks very complicated. Ms. Wolosyn said so this will be for use tax , right? Council Member Bradshaw said yes and sales tax on materials. You guys, what is the maximum amount of money we are talking about? Director Simpson said based on the proposed scope of work, I believe that the sales and use tax would not exceed a maximum of $8,000.00. I can't imagine that it would be more . Council Member Bradshaw said I, specifically, in that proposal said the House of Hope. Council Member Wolos yn said I like Jim' caveat. it should be for improvements. 0 Englewood City CouncU September 20, 2004 Page9 0 Mayor Garrett said there are two ways we can approach this . We can do this as sort of an ad hoc resolution this evening, and it changes, maybe, the timing of the reimbursement, or we could outline the criteria that we're going through ... why we think they qualify for this, so future Councils will know why we did it specifically. That would be my preference. If we wait until the next meeting and pass it as a resolution, it is a little more detailed. Council Member Bradshaw said I think that is important. Ms. Wolosyn said I agree. Ms. Barrentine said do you want to split it out so that there is something for the future ... split this particular one out as a rebate, because they have already paid it? Do that one separate and then do something separate for the future.'/ Mayor Garrett said I was looking at it from an entity basis ... that we say the House of Hope, because they arc based in Englewood, they provide these services for Englewood, they arc upgrading a property that has been neglccled over the years and we believe that it will add value to the community. Sort of the criteria why we think we should do this for the House of Hope. Which, Council Member Barrentine said, would take care of what they have already paid and the future allocation? Mayor Garrett said yes. until Council decides not to do that. Mayor Garrett said is everyone comfortable with that? So, Council Member Bradshaw said. then we will have a vote at the next Council meeting? Mayor Garrett said it will come forward as a resolution. Ms. Bradshaw said okay, that would be October 4111• Mayor Garrett asked Ms. Bradshaw if that was okay. Council Member Bradshaw said yes, that's fine . ii} Council Member Woodward: I. He said we completed our last day of the Household Hazardous Waste Roundup and wc had approximately 200 vehicles come through therc ... that we allowed to go through. We probably had another SO minimum that we had to turn away because they were not from the City of Englewood or the City of Littleton. Unfortunately, there was some press. I think from the Rocky Mountain News that morning, that had mentioned that we were having this Roundup. In any event, we were unable to take the stuff that they had, because it cost us approximately three times the amount of the co-pay to take the things from each vehicle. So, anyway, we were very successful in what we had done and very pleased and hopefully we will sec the numbers shortly. 2. He said I wanted to mention about a Neighborhood Watch meeting that I attended a couple of weeks ago. where I was a block captain. Although we have acknowledged Nancy Peterson before, I, again, just want to state that the program that she puts together and the support and participation from the community ... is incredible. I would guesstimate there were probably I 2S people attending this quarterly meeting. She docs a heck of a job. Also, at that meeting. one of her speakers was Susan McDonnell from Safety Services. She talked about how she supports some of the seniors in our community, in her position as basically a victim's advocate. She had also mentioned some crimes that had happened against some of the seniors in our community. When I heard that. I took a little interest in that, simply because I had talked to a friend of mine at an Englewood High School soccer game and she told me about an incident that her parents had, at the end of August. at a King Soopcrs here locally. Her mother, an 8S year old woman. was followed home by three individuals in a car who had claimed to her that she had hit the c urb and bent up her tire . As these two people were in her yard talking to her, the third individual entered her home. Fortunately, her husband was there and told him to get out. But the point being, that in talking to Susan McDonnell this morning regarding that. .. to sec if she was aware of that, she said that it appears that wc arc having a number of problems like that and they kind of come and go with our seniors in the City. I guess with that, I would like to ask To m Munds if maybe something could be put in the Herald just asking us, as citizens and senion, to be careful of purses. of our property and for us as citizens to be watching out for our fellow senion. Also. maybe Jerrell or I could talk 10 Joe Sack about mentioning thi over at the Malley Center ... not to alarm anybody. but to get a little bit mo re co mmunity awareness and community support. 13. City Manqtr's Report Eoglewood City Couocll September 20, 2004 PqelO City Manager Scars did not have any malter1i to bring before Council. 14. City Attorney's Report a) City Attorney Brotzman said in the two arbitrations, the arbitrators in each case ... the EEA and the EPBA ... selected the management's offer. 15 . Adjournment t AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, SEPTEMBER 20, 2004 7:30 P.M. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 I. Calltoorder. '7:8t;;"~ 2. 3. Invocation. ~ Pledge of Allegiance .~ 4. Roll Call . tJ1/ f ~ 5. Consideration of Minutes of previous session. l-i)a . Minutes from the Regular City Council meeting of Seµtember 7, 2004. ~-6 . Recognition of Scheduled Public Comment. (Please limit your presentation lo ten minutes .) a. Director Chris Olson will address City Council acknowledging Craig Hospital for its support of th e Englewood Department of Safety Services. b. Englewood Resi dent Bill Clayton will address City Council regarding the House of Hope. 7 . Recognition of Unscheduled Public Comment. (Please limit your presentation 10 five minutes. Time for unscheduled public commen t may be limited lo 45 minutes and if limited shall be continued lo General Disc ussio n.) ,,,e-- 8. Comm unica tions, Proclamations, and Appointments. A proclamation declaring th e month of September as Pain Awareness Month. ~ A reso lution appo inting Alternate Member Laura Rogers as a Regular Member of the Urban Renewal Aut hori ty .~ 17- 0 Plea e no te: If ou have a d1sab11ity and need auxiliary aids Of services, please nolify the City of (nalewood 303- 762 -2405) at lea t 48 hours in advance of when servic~ are needed. Thank t Englewood City Council Agenda September 20, 2004 Page 2 9 . Consent Agenda Items. a . Approval of Ordinances on First Reading. , tr Approval of Ordinances on Second Reading. g b . c. Resolutions and Motions. D" 10. Public Hearing Items. P/fl'l-tJ ~'11nd ~·~~ Public Hearing to gather public input on the proposed 2005 Budget for the City of EngleF~A:: 6'-V&t$-lt/lt~ ~')-() ~ ~Wt+_~ 11 . Ordinances, Resolutions and Motions. ~~ a . a. Approval of Ordinances on First Reading. b b . Approval of Ordinances on Second Reading. tJt#-5,t._ i. Council Bill No. 40 las amendedtaooroving the proposed Denver Seminary Planned O Unit Development. ~ Council Bill No. 51 approving ~Cou~ R}?laurant Concessionaire Lease J~ement with Caddie Shack. /(i'J,l,_µ- IIIJ/--esolutions and Motions. i. Recommendation from the Department of Finance and Administrative Services to LO adopt a resolution approving the Transfer of Funds from the Public Improvement KM1>f' O '7 Fund lo the General Fund for Brownfields Loan Debt Service. STAFF ~ dfl>t/'?-ofrank Gryglewicz, Director of Flmnce and Administrative Semces. v, ~ 12 . G eneral Discussion : a. Mayor's Choice. b . Council Members' Choice. 13 . City Manager's Report. Plea e note: If yoo have a disability and need ~ aids or temces, please notify the Cily ol [I... Dod3 03-762-2405) at lem 48 houn in advMICe olwhetl l«1lices .. needed. E.,glewo6d City Co uncil Agenda Scplember 20, 2004 Pa ge 3 14. City Attorney's Report. 15 . Adjournment .~:;()~ The following minules were 1ransmi11ed lo City Council between September 3 and September 16, 2004. Alliance for Commerce in Englewood meeting of August 12, 2004. Board of Adjustment and Appeals meeting of August 11, 2004. Cultural Arts Commission meetings of July 7, 2004 and August 4, 2004. Liquor Licensing Authority telephone poll of September 1, 2004 Parks and Recreation Commission meeting of August 12, 2004. Transportation Advisory Commillee meeting of August 12 , 2004. P:ea e note : If you have a disability and need auxiliary aids or services, p~ase notify the City of Englewood 303 -76 2-2405) al least 48 hours in advance of when services are need~. Tori you. C I. Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO RegularSession September 7, 2004 0 J The regular meeting of the Englewood City Council was called to order by Mayor Garrett at 7 :35 p.m . 2. Invocation The invocation was given by Council Member Barrentine. 3. Plecl&eofAUeglance The Pledge of Allegiance was led by Mayor Garren. 4 . Roll Can Present: Absent : A quorum was present. Also present: Council Members Tomasso, Moore, Barrentine, Garren, Bradshaw, Wolosyn. Woodward None City Manager Scars City Attorney Brotzman Assistant City Manager Aaberty City Clerk Ellis Director Olson. Safety Services Engineer IV Henderson. Public Works Engineer ll Nimmo, Public Works Traffic Engineer Vostry, Public Works Director Black, Parks and Recreation Golf Operations Manager Spada Senior Planner Langon Director Simpson, Community Development 5 . Consideration of M lnutes of Previous Session a) COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEE'IUIG OF AUGUST 16, 2004. Mayor Garrett asked if there were any comments. corrections or questions. There were none. Vote results: Ayes : Nays : Mouon carried . Council Members Barrentine, Moore. Bradshaw. Gancn. Wolosyn, Woodward, Tomasso None 6. Recoenltlon of Scbeclultd Publk C-DI a) Becky Hammer. 507S South Huron Street. said thanks for listenina. My husband and I bouabt our fir I home here m Englewood m 1999 and that IS our current residence. We chose Ena)ewood for many reuons that Englewood City Council September 7, 2004 Page2 I a c-1ually won't get into, but the problem that we arc facing came up just recently. Two weeks ago, there was a wo ,,Jerful, nice lady named Nancy out in front of my house taking pictures of the concrete. So, I asked her what she was do ing. She said you opted out of our Concrete Program. I said ... what arc you talking about, I never heard of thi s Conc rete 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 ifhe 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 sec 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 arc responsible for, even when we opt in to this Program, which we arc at this point. Larry sent me these documents, but we arc responsible for paying for his opting out and the years that we dido '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 you, as a mother of two children and a stay-at-home mom, that we don't have that ki nd 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 the n we 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 have lived there. to o pt 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 are flaws in the system . The other thing that bothers me is that two years ago the City was out i11&pecting and why didn't the City send us a letter then. saying ... oh by the way we have, this program? The other thing th.it 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 yo u like 10 opt inio 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 10 fix this problem. We arc citizens that panicipate in the community. In fact. many of you ha ve come 10 my house for dinner for Neighborhood Night. I 1111'1 asking, righlfully so. that you look at this and what we ha ve 10 pay 10 co rrect it. I am not asking you to delete our bill, because my husband and I think it is right that we pay at l,i,as t for the years that we stancd living in the home ... not anything before that. And so. I don't know if you need th i lener fro m Larry. but I could give you a copy of that letter. I can &i-vc you the non-participation agreement a nd I can even give you a copy o f my settlement sheet. because I did my research and there is nothing even on my se n lement sheet that ta lk a bout thi s Concrete Progra m. I would also like for you 10 look at a payment plan. because we hve in a sect ion of Engle wood with a huge lot and I can tell you that our water bill was outragc<>115 thi s year . I even called the C 11y on that and she said you've saved a lot of water ... so we arc participating in that. But by December 1• we must pay the City seven hundred and some dollars. That is a lot or money for a famil y o f four hnng here in Englewood. So. if you could help by untying al l these hands to correct thi s problem, I would be very appreciative. I am urc that every other new home o wner in my circ umstance. that has no idea about this Concrete Program . wo uld feel the same . I can also just say in closing that you mi ght say ... well if we do this for her we arc go ing t have to do it for everyone e lse. I would say 10 you. maybe so ... but maybe everyone else needs 10 stand before you like I have done. 10 give you o ur papers and to show you we had no idu about thi Program . Thanks for listening and do you need any other papers? Ma)or Garren said in general we do not get 1D10 a dialogue at this point. but I have been informed by the C ity Manager that th e taff I recommending that ,.c 11,i ll take tlus up at an upcomine Study Session to discuss. Make s ure that we have all your o ntact informat ion you w,11 know when "'e arc talkine about it. M . Hammn SIii! oka and do you want th, leuer from Mr. Nimmo? M r. Garrett sax! I don't tlu nk 1"C need that copy, because we n get a copy from h,m Council Member Moore said can we get a copy of this Tit le Company paperwork later ? Rudin& it now and tryi ng to memo nze 11 for a later tud)' • ion i not aome to be helpful . t C Eapwood City Couadl September 7, 2004 Pap3 Clerk's noie : The Title Company paperwork Ms. Hammer submitted wu the original document.] Mayor Garrett said wc don't like to take original cloc:uments. He uked Ma. Hammer to provide the City Clerk with a copy of the documcnl. The City Clerk will distribule the copy to us bcfurc wc have Ol8' Study Seuion. Ma. Hammer said okay and thank you very much. Council Member Bradshaw said do you know what Study Scuion this is going to be oa? Mayor Oam:tt said not yet, wc haven't looked al the schedule. This just came up a second ago. We will nocify her. Ma. Bradshaw said okay. There 1Nm: no IIIIIICbedulcd visitors. 8. Co-'c:aliom, Pndewedoe ud App llihN a) A lcacr from James Woodward indicaling bis raipation from the Englewood Urbm Renewal Audiority WU c:oosiderm. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO ACCEPT THE Ra!GNATION OF JAMES WOODWARD FROM 11IE ENGLEWOOD URBAN UNBWAL AtrrllORITY. Ayes: Council Memben Barentine, Moore, Bndlbaw, 0ama. Wololyn. Woodward.TOllllal Nays: None Motion canicd. Mayor Oanea said one thina lhat we will .-S IO dec:ide ii wbeda we WIii& iD fill dill polition m,w or wait lllllil the next rquliirly ldleduled Jamimy ICllioa. wbicb ii at of what we nonmlly do. 11-ltaled lhat there is an altanale member ... Laun Roacn, Council Membs Bndlbaw said ca we pl a lcacr out tober? Mayor Gama uked if Council bad ID take uy official ac1ion. City Aaonley BroczaD said -will brinl a resolution forward a1 the next meetina. b) A procl.-iion declarina thc week of Scpeember 17-23 u Nalicxml Coallitulioa Weet wu considered . COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO Al'l'ROVE A PROCLAMATION DECLARING TIIE WEEK OF SEPTEMBER 17•23 AS NATIONAL CONSTJnJTION WEEK. Motion carried . Ayes: Council Members Barrentine, Moore, Bnllllbaw, 0ama. Woloayn, Woodward. Toomao Nays : None 9 . Comall Apada a) Approval of Ordinances oa FUSI Readin& There were no additional items submitted for approval oa fine readina -(See Apia him 11 • Rapllr Aflada.) COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SBCONDBD, TO AlftO\'lt CONIDIT AGENDA ITEMS t (It) (I)· OllDlNANCE NO. 51, 5alBS Of' JIit. Englewood City Council September 7, 2004 Page4 b) Approval of Ordinances on Second Reading D i) ORDINANCE NO . 51 , SERIES OF 2004 (COUNCIL BILL NO . SO , INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AlITHORIZING 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, Garrett, Wolosyn, Woodward , Tomasso None c) Resolutions and Motions There were no resolutions or motions submitted for approval . JO . PubUc Hearma Items No publi c hearing was scheduled before Council. I I . Ordlnances, Resolution IIDd Motions a) Approval of Ordinances on First Reading i ) Golf Operations Manager Spada presented a recommendation from the Parks and Recreation Depanment to adopt a bill for an ordinance approving the Golf Course Restaurant 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 dcpanments. We had a variety of criteria that we looked at ... rent payment, experience, the presentation and it was a unanimous decision that Caddie Shack, LLC be selected as our restaurant concessionaire. Jim Dadiotis is here represe nting Caddie Shack LLC . We are very proud to have them on board and we are recommending them. They ca me with high refC£cnccs from a variety of restaurants 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. SI. COUNC IL BILL NO . 5 1, INTROD UCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDIN ANCE APPRO VING THE GOLF COURSE RESTAURANT CONCESSIONAIRE LEASE AGREEME NT BETWEEN THE CITY OF ENGLEWOOD AND CADDIE SHACK . Mayor Garre n as ked if th ere were any questions or comments . There were none . Vote results: Mouon carried . Ayes : ays : Mayor Garre n tha nked Mr. Spada. Counc il Members Barrentine , Moore. Bradshaw, Gandt. Wolosyn, Woodward . Tomasso None bl Approva l of Ordinances on Second Readi ng C J Englewood City Council September 7, 2004 Page 5 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 UNIVERSITY 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 IOp of iL So those properties already have, in effect, a nille','ten foot fence . I thought it would be four feet more than what they are 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 iL I don't know if there arc any recommendations. Basically, I now undcrstand ... if they arc just trying to keep what they have ... and I have heard from most of the home owners tba\ that is what they want to maintain. although I know one neighbor said she did not want a ten foot wall in her t>.ck yard. So now maybe after seeing that property, putting that in context ... maybc 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. M oore said it was very open ended. If one neighbor objects, what is the resolution? It just says up to ten. but there is no discussion as to what it takes to reach that agreement. Council Member Tomasso said the issue you arc raising, is which side of the fence are they going to measure the ten foot o n. ls it o n the higher portion on the Seminary side or is it from the bottom of the footer on the other side up ? Mr. M oore said those arc all good questions and I don't know if there is going to be any way to answer that until the time and place that you get there. So. I guess the hole that I see in the PUD, is just how do you get resolution? Mayor Garrett said it provides that it will be determined by the developer upon consultation with the property o wners. Do you want one property owner to have a veto right or not? So, Council Member Moore said. rcphTUC it tO allow each property o wner to veto it. Mayor Garrell 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 follow up to get specifics on the status of this. and maybe that would help, bul I believe five out of six -on the same page. If not. the s ixth one may be confused only because of whether or not that existing fooccr is there so. you know. I think if II did say cacb ... they still would be able to reach consensus. I am also fine if we could phruc 11.. .that II is not higher than it is or somehow incorporate the siarus quo in that requiremcnl . Council Member Woodward said I the high side on the home owner's idc or the Senunary' idc7 Mr. M oore 1d the 5"nuruiry's siJe. So in their baclt yards. they have a three fooc retaJIIIIII wall and then a six fool fence on top f 1t. that is what I there already today .. and ncccssary because three fooc up is a parlang lot. so the) need the s1 feet on top of that ... -at! to give them pnvacy. So. if all it is dotng I maincaa111• wtlat IS 0 Englewood City CouncU September 7, 2004 Page6 D 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 hi ts it or not. Coun cil Member Barrentine said I have to say that when the question wa s asked , I was very comfortable with the home owners that came forward . as well as the developer being very speci fie that they had every intention of working with those ho meowners on an individual basis for what they would want. However, I'm not sure we would want to put each in there either, si nce they already seem to be mostly on bv.JJ"d . But I was very comfortable with the co mmunication that had occ urred . That was a lot of work and on our part too with those home owners so .. .I was pretty happy with what we had done . Co uncil 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 are 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 rece ived from this 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 fence s are limited to six feet ; I don't know how we impose a ten foot fence on any homeowner if they are 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, pan 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 wo uld like to be comfortable with the wording as just saying ... you know, that we are really just getting what is already there . Mayor Garrett said at this point would you like to make a proposal and we can vote on any, particular amendment . Co uncil Member Moore said I don't know on that particular issue , I am at a loss as to what amendment might be right . So unless staff had a forewarning .. .I don't know if you have any suggestions that might help . Otherwise, I am not sure I have an y better phrasing for it. Ma yo r Garrett sa id in this interim do you have any other amendments you would like to offer? Co un cil Member Moore said yes, I would like to make some amendments and I also second some of the comments th at Co uncil Member Brad shaw made . I was very impressed with the Public Hearing last week . The presentation by staff. by th e de ve loper and by the res iden ts was extremely informative , helpful and very well done. I greatly appreciate all the effon th at has gone into thi s project. As far as amendments, I would like to put two th ings on the tab le. T hey are no t IIC'W add iti ons, they arc what we had discussed when we first brought this forward . The fi rst wo uld be an amendme nt th at we strike item number 5 al together. Council Member Bradshaw said beca use that is already taken care of. Mr . Moore said yes. because it is already taken care of in the PUD. as is mentioned in our cover memo . The second is 10 amend under item number I ... just delete the "shall be by major subdivision" beca use it can be acco mp lished by seve ral processes and staff doesn't recommend doing it through the major s ubdi vision process. COUNCIL MEMBER MOORE MOVED, AND IT WAS SECONDED, TO AMEND COUNCIL BILL NO. 40 BY STRIKING ITEM NUMBER 5 ALTOGETHER AND AMENDING ITEM NUMBER I BY DELETING ''SHALL BE BY MAJOR SUBDIVISION." Ma yo r Garrett a ked if the re was any discussion on the amendments. There was none . Votr results: Ayes : Na}: Counc il Members Barrentine, Moon:, Bradsha w. Garrett. Wolosyn . Woodward . Tomasso None t Englewood City Council September 7, 2004 Pagc7 Motio n carr ied . Mayor Garren 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 spcalcing with Mr. Forstmann, one suggestion may be ... because of the difference in height. .. bccausc we arc not sure of the final elevation at the time the fence would be built ... ofreducing 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 Garren said let me ask a simple question. ls 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 bcrc is to cap it at no greater than its current height. If that is what both the propaty 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 other end it is a three foot wall and then it would be a six foot fence. So, it deviates from ten foot down to a nine foot, or it would, with a six 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 domillalcs the whole fence. Mayor 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 language was hammered oua aa peat lcnath by the developers and the neighborhood. Since it is consistent with what is there. I wouldn't want to touch it. Council Member Barrentine said also, unfortunately , I think we would take away the negotiating from people and they have developed a relationship and they arc trying to work together and I don't want IO do scmething where, later, people arc bringing pictures back saying look what you made us do. I agree with Olp. Council Member Woodward said John's point that one neighbor could end up with a separate height ... ) think that seems to be a concern. If you have ten feet of height and then all of a sudden it drops down to eight and then comes bad to ten ... don't we want t!Jat uniform. or was that the intention? Co uncil Member Moore said again, if we leave it as is. is there safety that it is not ten foot on top of a four foot footer? Mayor Garrell said several people on Council have said they arc comflXtable with the cunena Jansua,e. 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 IO staff. If it is left as is, does 11 leave the possibility of a ten foot fence on top of a three or four f00ter, possibly? Senior Planner Langon said possibly. but I think II is based on the negotiation with the IIClghborhood ... with the neighbors. En&lewood City Council September 7, 2004 Page8 Council Member Moore said so the concern is lhcrc, 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 Garren asked if there was &ny 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 ... not just Englewood ... was quite impressive. Thank you . Vote results on approval of Coundl BID No. 40 as ._nded: Motion carried. Ayes : Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Woodward, Tomasso Nays : None Mayor Garren said for clarification for the people in the audience, wc have now passed it on second reading, but since it was amended, wc arc going to have to bring it back for IIDOlbcr 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 Discussion a) Mayor's Choice Mayor Garren did not have any matters to bring before Council. b) Council Members' Choice i) Council Member Tomasso: I. He said I was pleased to ancnd the Metro Community Provider Nctwork·s presentation. They opened a new clinic on South Delaware , a week ago Monday. The Director would like to have a c:hancc to speak IO all of Council and describe what the new ccnier 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 Bate£ and Broadway and the food is excellent. The Gcnroku opened a week ago Monday. so .thc Japanese: restaurant is in full operation . Council Member Bradshaw said where is it? Mr . Tomasso said Bates and Broadway. Ms . Bradshaw sai what a ni ce adduion to that neighborhood . ii ) Council Member Woodward : I . He said I was at the dedication for ART and I think. having taken the route. it was great. I think we arc goi ng to be very successful wiip that. 2. He said on August 2s• KEB held our flnl SK Race . I would like to acknowledae a couple of people tbal helped us ,.;1h that : Man Bednorz who is 11Cacher over al Rood Middle School. provided us witb tweaty•four Englewood High School football players as voluntecrS aa 7:00 o ·clock in tbe monuna on a Salurday. wllich as qui11e an accomph shmcnt in itself and ,.-c also had three vol~ from the Ladenllip Academy . So in liDtal we had al least 27 youth volunteers hclpina us put on this nan . We had ~ 100 plltli:ipll.-nannen dial had reg1 1ercd . The funds that ,.-c m.-civcd from our sponson ud from tbe amy flea will ao k>wud our Housebold H112ardous Waste Roundup . which i tlus.Salurday ud ac11 Salurday. I !hi .. 1M-. from tbe 0-uw• 1 tuu our fir I shot I tlu has been "ff) SIICCC$.ltul and I bchcvc we 1'*811 kl do 11 ,a the ftll\ltt. Ht &aid I wOllld t C EnaJewood City Council September 7, 2004 Paae9 also like to thank Jerrell Black and Gary Hultberg for their help and participation with putting this on and in conjunction with FunFcsL Thank you. Council Member Barrentine said, to add to that. I did want to thank Jim Woodward for recognizing Rcbccca 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 SK Run. 2. She said 1think 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 togedler made for a pat day. Also, I would like to lhanlt Jcrrell's and Gary's staff and the Public Work's staff and everyone else who helped with Peak in the Puk day and helped make it a success. 3 . She said kudos to Lawi Danncmiller and all of Community Dcvcloprncnl for the successful initiation of ART. iv) Council Member 8UTCntinc: 1. She said I want to thank Tricia and Bob Simpson for some complimenls that I got after I took my do& for a walk. It is always nice when you 're just on your way home, to have someone IIOp you and tell you bow nice it is to deal with the City, even though they initially had aome probleml with the permitlina and evcrydlina. They waejust very. very complimentary of Tricia and your dcputmenl. Thal is always nice. I mean it is jllll nice ID bear lbal the problems arc being taken care o f. . .I don't even .know what a lot of them were. I'm just happy to bear tbal is ac>inl well . 2 . She said thanks to Ricli; Kalun for all of his informalion and 1mD dcalina with a specific problma rewed to a couple who arc very ill ... her husband is in hospice . And I would like to 1bank Ladd. On my way ill lOday, I stopped there after their wheelchair ramp was pul in. by an orpnizalion lbal I had lalbd ID bim aboul. I hope we can facilitate their help with some ocher Entlewood rcsidenll. Ma. Banenline Nici she WII vsy caap6-y of Ladd ... that he took the time to IIOp by. check on the special permit parkiq, as they have w:,y limillld ai:cca. She was very impressed that he took that kind of time and care and wu !bat~ I wallled IO pMS lhll aJoaa. Mayor Garrett said the doctor would like to come to Council. Would Council prefer a pcaenwion in the Chaml,en by the doctor or at the Study Session? Council Member Wolosyn said the last time .. .I think it was Doctor's Can: that came ... they came and did a !CD minute thing here . Mayor Garrett said arc there any preferences? So. be said, let them know that would be a aood forum for that. 13. City Muqer'1 Report Cuy Manager Sears did DOI have any maners to brina before Council. 14. City Attoney'1 Report C11y Attorney Brotzman did DOI have any manen to brina before Council . t Englewood City Council September 7, 2004 Pa1e 10 15 . Adjournment t CITY OF ENGLEWOOD DEPARTMENT OF SAFETY SERVICES C.H. Olson, Director Letter of Commendation and Recognition To: Mayor Douglas Ganett and the members of the Englewood City Council From: C. H . Olson, Director of Safety Services Date: August 13, 2004 Subject: Craig Hospital The Depamnent of Safety Services would like to take this opponunity to bring to the attention of the Englewood City Council the contributions of Craig Hospital to the training of our firc6gbtcn and police officers. Over many years Craig Hospital has partnered with the Department of Safety Services to provide training to Safety Services personnel by providing unprecedented opportunities to train within the Hospital facility and its properties. The opponunity to train within a facility such as Craig Hosgital is of inestimable value to our personnel in gaining experience in managing large scale incidents. Craig Hospital has also frequently offered the use of buildings that have been planned for demolition to our firefighters and SW AT team to gain hands-on experience in life-like situ2tions that would not otherwise be available to us . The Department of Safety Services would like to extend its appreciation specifically to President Dennis O ' !alley, Vice President of Operations Scott Manley, and Director of Engineering Lee leans for their incredible support for and cooperation with the training and development <_>four personnel. The investment of Craig Hospital and these individuals to the Department of Safety en·ices cannot be overstated. The Englewood Department of Safety Services extends its appreciation and commendation to Craig Hospital for its outstanding support in the training of fire and police personnel for the City of Englewood. C. H . Olson. Director o f Safety Services Colorado 11110 Poioee Adm,i _ __, (303) 7112 -2430 • F' ... AclnMlillra11C111 (303) 7112·2'70 1303) 782·2"44 · Aecords (303) 7112 -2431 -Fu (303) 711-1183 PUBLIC COMMENT ROSTER DATE: September 20, 2004 t IQME UMrr YOUR FfilllNl'A'IIOII: ..,. ...,,.., .. PLEASE PRINT NAME ADDRESS l tj PROCLAMATION WHEREAS, pain is one of our nation's most serious health problems -it is our silent epidemic; and WHEREA, more than fifty million Americans live with chronic pain caused by various diseases or disorders, and each year nearly twenty-five million people suffer with acute pain; and WHEREAS , although the medical knowledge and technology is now available to relieve or greatly ease most pain, most pain goes untreated, under treated, or improperly treated; and WHEREAS, the majority of healthcare professionals are still unaware of how to treat pain effectively; and WHEREAS , most people with pain, including those at end of life, get little or no relief; and WHEREAS , the American Society of Pain Management Nurses, Colorado Pain Society, American Pain Foundation and Partners Understanding Pain dedicate their work to creating both consumer and healthcare professional pain education, dialogue, and networking to funher the appropriate diagnosis and treatment of people with pain; and WHEREAS . Colorado is pleased to join these concerned citizens and professionals in promoting a united effort against the epidemic of pain: NOW THEREFORE, I, Douglas Garrett. Mayor of the City of Englewood , Colorado, hereby proclaim the month of September 2004 as : PAIN AWARENESS MONTH in the City of Englewood. Colorado . I urge all citizens to unite to improve the quality of life of people in Englewood and Colorado suffering from pain . GIVE! under my hand and seal this 20th day of September :?004 . Douglas Garrett, Mayor A RESOLUTION APPOINTING LAURA ROGERS TO THE URBAN RENEWAL AUTHORITY FOR THE CITY OF ENGLEWOOD , COLORADO. WHEREAS, the Englewood Urban Renewal Authority has the stacutory authority to undertake projects which it finds necessary for the physical development of municipal land use including the improvement ofareas within the City; and WHEREAS, there is a vacancy in the Englewood Urban Renewal Authority; and WHEREAS, Laura Rogers has applied to serve as a member of the Englewood Urban Renewal Authority; and WHEREAS , Laura Rogers was previously named as an alternate to the Englewood Urban Rcncwal Authority; and WHEREAS , the Mayor with the approval of the Englewood City Council desires to appoint Laura Rogers to the Englewood Urban Rcncwal Authority; NOW , THEREFORE , BE IT RESOLVED BY THE CITY COUNCll. OF THE CITY OF ENGLEWOOD, COLORADO , THAT: Laura Rogers is hereby appointed to the Englewood Urban Renewal Alllbority . Laura Rogers ' term will be effective immediately and will cxpiR February S, 2005. ADOPTED AND APPROVED this 20th day of Scpccmbcr, 2004 . ATTEST : Douglas Garrett, Mayor Loucrishia A. Ellis , City Clerk I, Loucrishia A. Ellis , City Clerk for the City ofEnglewood, Colorado , hereby certify the abo ve is a true copy of Resolution No . __ , Series of2004 . Loucrishia A. Ellis, City Clerk t . City of Englewood AGENDA ITEM 10 (a) PUBLIC HEMING I\081W t DATE: September 20, 2004 CITY OF INGU!WOOD/ .. PLEASE PRINT NAME ADDRESS Debi Setwial Flllds IICIXUII for fhe IICQffll/alion and pay- ment cl bond ptinciplll and ... othtJr,,.., blp-Nml debt IIICCOl.fll8d for in an enlerplise or inlemlll Sfn'ice lunds General Obligation Bond Fund $ 1,002,000 $ 1,006,220 Concrete Replacemenl District $ 4,869 $ 3,360 PD I 38 $ 59,258 $ 59,300 PDl35-Navajo $ 35,033 $ 7,ns Speda/ R1M111ue Flllds llCIXUII for specilic-lllat 818 legll/ly l'llllllid8d lo lllplllllftln for pri:u/lr ,-.,-. Conselvalion Trust Fund $ 302,000 $ 575,000 Commercial Rev Loan Fund $ 500 $ 30,500 ComrTU1ity Devel Fund $ 432,176 $ 432,176 Donors Fund $ 136,250 $ 139,150 MaJ!eY Center Trust Fund $ 3,000 S 200,000 Parks & Recreation Trust Fund $ 14,000 $ 10,m Special Assessment Surplus Derlciency Fund $ 200 $ 26,000 Open Space Fund $ 502,000 $ 885,000 Capital Pro;ects Funds -.It for fhe acquisition and cm- stroction of major facilities olhllf than thosa lir.ant»d by,- prielary funds and trust funds . Public Improvement Fund Capital Projects Fund 2,751 ,026 $ 2,995,615 1,067,015 $ 1,062,015 lnlema/ SenaFlllds acc:ocn lor "9 NICingclOOIJdll or MYiew ptl1llided by Clrlf dlpnnaltor 41Q111CY lo othtJr dlplwm1II or IQIIIClill cllie~ and ID Olhtlr pllll!III""' mill, an, COIi ~ basil. Servic1111erl'lnl $ 1,513,923 $ 1,519,029 Capital Equip Aeplcml Finl $ 760$12 $ 1,IJJ.,fS7 Cerm1 SerYicee Fund $ 325,000 $ 377,094 Rilk Mlnlglmenl Finl $ 1,131,641 $ 1,120,586 Bene1i11 Fund $ 4,482.145 $ 41,479,002 rllqnaFllldsacc:ocnlor~ twlCldand in,-lil*IDpntllla,,..... ..... w• Fllld s &.637.572 s 6.575.934 S-Fllld $ 8,595,318 $ Z1 ,543,808 Slonn Drlinlge Finl $ D,000 $ 401,842 Goll Colne Finl S 2, 185,545 $ 1,90'l,789 Concrele lJlillly Fund $ 579,125 $ nrl,917 Housing Rel1lbililalion Finl $ 1,062,000 $ 1,062,000 Jon Vrins .. ,.,.. legal .... in wtlidl gowm-mni,.... in • .,_.. and"*'* dl'I)' lor ... bllnlllit cllie pubk or Sfn'ice nqJilnm nJ in wtlidl lie IOWllll1191D ftlllinongoilg/lnn;ial ..... LilllelOIVEngll w ........ T..-..n! 1'11111 Finl $ 42,048,134 $ 42,048,134 2005 PROPOSED Budget Summary City of Englewood COllllcl: ....._, ti I I ,.._..._ .. 11Nt11 www.englewoodgov.org L Propeny Tax Specific Owneiship Tax Sales & Use Taxes Cigarette Tax Franchise Fees Licenses & Pennits Intergovernmental Revenue 2005 GENE AL REVENUES 2,410,000 Fines & Forfeilunls 367,719 Cha,ges for SeMces 20,718 ,171 lnlnll 350,000 Rea111ion 2,152,500 ~&Olher n&,056 Olher ScMcel ol FIJldl 1,305,552 TOlll "-us Property Tax 7"' DQagll tor S1McN 7"' D Franclill feN 8'JI. Rlcnlllart 8'11, FlnN I FGlllluN 4'JI. 111,go,wm, •• RMnul 4'11, i.--.a f'lmllll 2'JI. otwSouniN 1'11, Spec* Ownnti, Tax 1'11, D CiglNlt Tax 1'11, JuialDllll-1 Oller 1'11, 1,378,147 2,255,485 80,000 1,972,(Jj7 134,225 472,738 • M,372,a 2005 GENERAL FUND EXPENDITURES 1'11, l.egillllion Cly AIIDmly Ccut CllyMnger Allou,cee Firwa & Aini. SIMca Wonnlllon TIClllalogy IUIWI IIMrwOwlo'l.hllr e...,. 343,091 Public Works 688,872 Sllely Selvicee Waly &a 41'11, Alcndan 14'11, D NikWOlb 13"4 DD1b1S1Mm 8'JI. Camriullr Div 5'11, . Rwa,~4'11, 1n1onn111ar1 Tedi 3"4 Unry 3'11, 3'11, CCIUII 2'JI. D Cir AIDmey 2'11, ca,llniglr2'11, Hlllwl flllowall 1'11, l.egillllon ~ - 4,736,866 14,753,667 886,255 Comnuily DMopnw1I 1,649,872 587,200 I.Jgy 1,160,257 540,071 ReclNlioi1 5,090,442 1,5411,8112 Dlbt SIMce 2.~.678 1,230,391 Conlingency 918,048 T0111 EJpllllibnl • 31,117.-it • 5,531 .... 1 ,794,721) 1,296,803 • 2.-.- fss~iC>FPUBUCATION THE ~ ENGLEWOOD HERALD ~ STATE 0 0F COLORADO . SS COUNTY OF ARAPAHOE I, Gerard J. Hnley, do solemnly swear that I am the Publisher of the ENGLEWOOD HERALD and that the same la a weekly newspaper published in the city of Littleton In the County of Arapahoe, State of Colorado, and ha a genellll circulation therein; that said newapa- per has been published contlnuoualy and uninterruptedly In said County of Anlplhoe for a period of more than 52 weeka prior to lhe first publlcallon of the annexed notice; that aald newspaper la entered in the Poet Olrice of Uttl9lon, Colorado, u Second Class Mall matter and that 1h11 said MWIPll- per la a MWSpaper within the meaning cl the act of the General Assembly of the 8tat8 of Colorado, approved March 30, 1923, and entlUed "Legal Notlcn and Adval11MIMflta" and other acts l8lallng to the printing and publishing of legal nollcaa and was published in Iha regular and entire isauas of said newspaper, once each weak, on Iha same day of each -k. for a period of dconsacutiva lnaertions and that the Int publication of said nollca was in Iha Isa» of said newspaper dated 0 . cm o, 1NC1UWOOO , ... , ... _, ' ~-.. .. a., ri'~~C>~iJcse,._:.:TIONssssssssssssssss=S$$$i!'>S::SS:~$$~~$S._~~~ ENGLEWOOD HERALD ,. . . STATE OF COLORADO SS COUNTY OF ARAPAHOE It I, Gerard J. Healey, do solemnly swear that I am the Publisher of the ENGLEWOOD HERALD and lhat lhe same is a -ldy newspaper published in the city of Littleton In the County of ArapahOlt, State of Colorado, and haa a general circulation therein; that aald newspa- per has been publillhed continuously and uninterruptedly In saJd County of Arapahoe for a period of more than 52 weeks prior to the first publication of the annexed notice; that said newspaper la entered In the POil Office of Uttlelon, Colorado, as 5-,cf Class Mail matter and that the aald newepa- per is a oowspaper Within the meaning d the act of the General Assembly of the ..... of Colorado, approved March 30, 1923, and entitled Mlegal Notlcn and Advertisements" and other acta l9latlng to the printing and publishing of legal notices and was published in the regular and entire laaun of said newspaper, once each week, on the same day of each Mak, toi a period of dconucutive insertions and that the ftral publication of said notice was in the .._ d said newspaper dated JBIJC ,..ance BY AUTHORITY COUNCIL BILL NO. 40 INTRODUCED BY COUNCIL MEMBER BRADSHAW DENVER SEMINARY PLANNIBIIIQT D OPMENT (PUD) LOCATED AT 3401 soum UNIVERSITY BOULEVARD, IN lRB C11'Y OP ,, 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 Residential/Limited 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 Residential/Limited Office-Retail District; and WHEREAS, the Planning & Zoning Commission recommended approval of the PUD with the following conditions: I. Dedication of the South University Blvd. continuous right turn lane. 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 that the documents are consistent with the PUD. 4. Applicant shall provide two recorded copies of all Development Restrictions and Covenant documents to the City. 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: Scctjon l . The Planned Unit Development, for property located at 3401 South University Boulevard, in the City of Englewood, Colorado, is hereby approved with the conditions noted above. Sectjop 2. Pursuant to Article V, Section 40, of the Englewood Home Rule 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•b day of July, 2004. Published by Title as a Bill for an Ordinance on the 23n1 day of July, 2004. A Public Hearing was held on the l61b day of August, 2004 . Amended, read in full, and passed as amended on the 7'b day of September, 2004. Read by title and passed as amended on final reading on the 20th day of September, 2004. Published by title as Ordinance No. _, Series of 2004, on the 24th 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, bcrcby cenify that the above and foregoing is a true copy of the amended Ordinance passed on final reading and published by title as Ordinance No. _, Series of 2004. Loucrishia A . Ellis 2- t K "'" --· -=--, ..... ..., a...fY I,, ,.,. 'Jr(JU"' DENVER SEMINARY PLANNED UNIT DEVELOPMENT (DISTRICT PLAN) ENGLEWOOD, COLORADO AGENCY CONTACT usT Exhibit A Q)I, fRPP5 Ul5 SOUnt UNION BLW., sunE 158 CMROU. • LANGE lf'ltC. l.AK[WIX>O, COLORADO 8022 1!1 STEPHEN H,t,MMOrr,10 (JOJ} 980-02 00 MIIIEIIII& 1820 LOGAN STR££T DAVID O¥€N TR'l'8A AROil TE CTS OCNVER, CCl.ORAOO 80203 DEAN FOREMAN (JOJ) SJ l-4010 Pwe:ettDW PIMP mSBURc HOLT • Ul.UVIC 7951 E. MAP\.EWOOO A'.{:, SUH[ 200 GREENWOOD \1LLA.QC. CQ..OAAl>O 8011 1 CHRISTOPHCA FASCHING (303) 721-1 440 SIJE DATA 292 t+Ol.OCM RO . P.O. BOX 7890 TOTM.. SITE SQUARE FOO TAGE RE'SIOENTIAL USES C(Ma[ROAL. USES AVON , COLORADO 91920 JOHN F~NANN Q.Ul!I HOUSE/COMWOU BUILDING US( TO-.HOUSE CARA.GE 95,993 X I • 95,HJ CONOOtilNIUM CARA.CC 1~.233 X 2 • 290,466 R[TAA.. GARAGE 75,548 X 2 • 151,096 l.NC)$CAP(/OP(N SPot.CE PUIUC RICHT Of WAY LANDSCAPE BUtU>INC HEIOHTS SUR\/Eym LEGAL DESCRIPTION 970) 74&-H OO 11 1,0 11 sr UP TO aoo.ooo S,F UP ~o 65,000 S.F UP ~o 25.ooo s.r. UP TO 95,HJ s.r. UP TO 290,466 S. r. UP T? 151 ,ON S.F 198,J70 S.F 7.914 SJ' SEC SITE PLAN PMCC\. or LANO LOCATED IN »4( S00'11i[AST OUARTCR or THE SOUtH[AST QU.Ml[R Of SECTION 35, TOWINSHtP 4 SOOTH. RANG( 68 '#1£S T Of THE SIX1M PRINCIPAL MERIDIAN, QTY Of [fritQ.[WOOO, COUNTY OF" ""APAHO(, STATE Of COLORADO, MORE PAIITlOJL.ARI..Y OCSCRtBED AS FOU.0.-S: CClMt,tOtCtNG AT n-4£ SOUTHEAST CORNER Of SAID SEC'TION 35; l1iENC£ NOO"OS'42·w Al.ON(; T1iE WCST UN[ Of THE SOUTHEAST ou."'TEA Of SAID SECTION ~ A DISTANCE Of I0.01 rtET: ~C[ S81°!17'4J•w A OtSTAHCE Of 0.00 FEET TO lH£ N<lf'™EAST CORNER OF THE EAST HAMPDEN ,'vf.NUE (ST.AT[ =~"~ 2:k: ~ ~C:CSC:CB£~0:iH ~ ~'~~C:si~~c A'4NU( ~T aF WAY AS OEsattBED AT SAID 800M 1159, PACE 590 THE rouo-.G THREI (3) COURSES: 1) Tl4[NC( Sll"57'&J•w A DISTANCE OF 380." FUT; 2) THENCE N8T'l0'4rW A OtSTANC( OF 100.10 rtr.T, J) TH[NC( S11"57'&J•w A DISTANCE OF 141.10 FUT TO A P(ltNT ON T11[ WES T UH[ CIT TM[ CAST HAL.f OF M soun..osr QUART[R or M SWTM[AST OUAIITtR CIF SNO S(CTION l!; Tli[Jrr6C(. N001)4'lt·w N.OHC TH[ '«CST UN[ or TM[ EAST HALF or TH[ SOUTHEAST QUARTER OF TH[ SOUTHEAST QUARTER Of SAID SECTION J5 A OtSTANCC OF ,,, .•• r£ET TO A POINT ON l'W[ SOUTH u~ OI BLOCK 9, H.AMP()[N HILLS SCCOC> FlUNC AS FllED IN TH[ ARAPAHOE C()JNTY a.IRK AND CCJJIOCR'S OFTia: AT RCCCPTlOH NO 511857; TKNCC SM'41°02·c ALONG TliE SOUTM LM. OF SM) 8LOCK I A OISTANCt: 621.JO rEET TO TM[ SOUTH(ASf CQlltNCR Of SAID ILOQC: I; SAID POINT ALSO BCINC ON TH£ WES T RICHT or WAY UN[ Of SOUTH UNl~SITY BOUL[VAlffl. MNCC scxro,·.2·c Al..ONC THE 1111($1 IICHT or WAY UN[ or SOUTH UNl'«.RSITY 90ULEV4RO A OI STANC[ or 900.~ r{[T TO TH( PON T Of 9EGINNIHG; SAID PARCEL CONTAINS 497,011 SOI.JAR(. rcn. 11 '1 ACIK.S MC)q[ Of LC SS. P:T '~PlAN PV0-2 E»STINC SIT[ Pl.AN PUO-J PROPOSCD PHASING Pl.AN PU0-4 PROPOSED SIT[ Pl.AN PU0-5 P11tOPOSED Of'JSITt UllUTY PLAN PU0 -6 PflOPOSlD 0NSIT[ UTILITY PLAN PUD-7 PflOPOS[I) SURF'Aa PARKINC Pl.ANS ~== == ~: r:i=~~ Pl.AN PU0-10 P9tOPOS£D UHOSCAPC PLAN PV0-11 P9'0lllOS[D ,GN~(l( Pl.AN PU0-12 C()NCO'TUAL ' TIV[ ROC)CR!IICS 1 of 2 ALtA/ACSN SUR~Y 2 of 2 ALTA/ACSM LANO TITlt SUA\'l:Y SlGNAruREs FOIi DOI\UI SDIIWIY, A COLORADO NON-PIIOflT coi.OIIA110N FOIIIIDILY -AS CONSEIVATII,£ BAPTIST lH[OLOGICAL SDIIIAIIY 9GNATU0£ nnr o•n: TAT( or COLORAOO COUNTY Of ------ THC F'OlltCCOINC _.ST'R\.IMCNT WAS A.()(HO'llll£DCCD B[TOA.E Iii( fl.tlS ___ OAY Of ____ A.D , 20_.ev ____ _ .. "'----- WY COIMSSION CXPllltC S. _____ _ NOTAIIY Pl.aJC o, ____ ..,o .. 20 __ ., ____ _ OTY a.ERK a.Ell( AND N:COIID(P'S oma MS P1.NHD UNIT OC\€1..(JPM(.N T l5 .\CCCPTtO ~Ollt r.._ 11<£ CWIK AHO Meoooot Of "1<»'-'«. COUNTY. COl~ AT 0' 0..00,:. 1111 1'1tS ----- DAY"'----· 20 __ C(PTK)H NUIIIIV1 ---8C)OI( NUV8C.•--. 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MUS TO It NU titCM.MTtD l'IX1\IIID •lN MlT.tl KM.IX (OIi (QUAL) LAWS •nt OJT-orr 9ll1DS ON W-10' HIGl4 ,a,o AT 1S'-JO' .ACING. IDf.:lfflM uc•nwc .. Jl(TM. oWAS TO • '°"" IKUllU> F"'XlV'1£S TH CTM. ...__ (Olt (QUAiL) LMPS WTH Q.IT-CJn' 9ID.DS (lr,j t0'-12' *3M ,an AT 15'-.JD' •ACING. U04 CDl)(IIINl.lil I.NT WTH .0. IM.COfT TO HA\€ AT LIAST ON[ (1) NCIIICIDCDIT OIi P\..DUIW.ICDIT otCORAlt'C UCltT. [AQi TDIJtAC[ 11':~~'fr"J.=~~~~~ IIDIDDffl,til. "XTI.IIID 1'0 • 9ttL.DtD TO ...at INCCllHTAL t..OtT AL.aNO JCltTM MD IIOT PIICPDt1'Y UNn. M.1. IDNCI UGMTS 10 I[ 9ttl.OlD ntClri' AD.IACDI T PftOP(11Tl[S. litllft,a,rf ..-..0 UGMTS 10 CCN'Cllril fO ....... 'AA flCM.ATIONS. U04 GNIIAG[ ENfftY TO HA~ 91D.DU> S0MCt UGH T J1Xl\lll. EAOt onwv GAlC / CA1'tHCIU9( ro MA-.t 1HIWIU> tEJMC( uetn - r. ... ~.~~:C-:,c=--:7::'~-=:::'-~Mt;U0-9 Ot[OCII) ..,. 0, H~H ~~~~~ 1 I ! m+-------,, I I II SCALE: , • • 50' -o· --' " LANDSCAPE LEGEND I.Mm> Mm lON[ [ZJ =.:.·:::.:~Ti's: t> IN1RY Z1H ~ =.:~~~~~'?°UOH-:.~ IID[WAI.J(S (AT S111UlS) LNGICM'l [Z3J :.:_•~r,;_,~~ :':i'. I~ ..... T [NffltY STOCPS. •mt FU1\1l1f1:S. ...... IGOSkS EEi :s ':T.~~-~fUN~WA'=TING, Ul\JIID, ....._ HOT ll.9S/Sl'AS a; :":r=:.c~U<>tTS tm] ==:='J~~tqcr~ UOHTS f'tlO( I --,-,-1--,,· -... , •• I uol ... NOD: •. EUiCT IACAftCIN a, ltMfttU.NI ,u,t11NOS -.L. • D£TIMIMD AS M MICN11C1111E • AULIJID. MOllnllt. D[~ IKAU. CDMT TD DICIID M "-'MNI ll[QUIIID ,a DIILIIIGD LJiltC9CM'I: CIIJWMQ: NIMIDtS IY II UGI CA1UCIIIY. DACT LOCATOI al 111\.ANTS NOT DtlDlrillCD. ll't.AHS 9tOW lllllll.lalMY CXIICPT (:, T'ltlU. ..._.TS MAY K "-ACID AN"'LMZ: _,... IOIN)MY a, ,....,.,, -!ID 11Ut< -11.11P, com,, IOCID (fDMl£), _.,.,. [UI UfCIICMlt 'LM ... A: IIIIQA1ION ""4INI TO K ... 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Dr'tlL.O'Ot 9Uil CCJrdfflUCT (lHl 9NCW WSf -.J. j A 10'-0" H04 ::= m~:=:.: =~ ~,.:-r.': ~:::a.ANO DINI flAUIII QN N: IIUIUII-FACNI Fi,CAD( r, 1Ml Uil (NC:I.UDlrC PIU..MS} TO W.U'Ot lW( =. a:..co:::::. ~n.~.l:J ===nc: ~:::TflY 2. l l 2 2 2. l 2. l l z UC. 1IC JCW 'Cit ~ 9W.L. .. AC. S10NI: CMl'S OT A ...... QIIAY TONL ~l (Jf fl4( CIT M.L 1tU1U • ~ AT nc C1U« IIMIDA m. Y .tOJAC[NT TO nc CSTl"-Y (DC( 01 N ... '11ST M.l Ml> 11.ot CDtT 4S SO~ .. AU. I( NOT l(SS "'4AN 10'•0" * WAY talD tfl-f/" aw,t ........ <1F ICDI T 'C.J,.AG[ AstOCIA".!'>'. WrU: 10 M IEW IDT UU. 111M H(JQHT TO. DCTDIMND IY THC CC\O.(Wl(R Af10t CONSUl lAf'O' 1tC ~ OIICJtl: TOM frGlfl,j Of ltC NCJtno&.Y ~TY UN£ !Mt.LL 8C MA1 AL.c»te 1Nf--.,Y ~TY LN (ltC -.w IOU'H UU.1 l . Cllll1IIUC1DI toCDULl n:M NA 'CST 6 Nn' NQlltfl,j 'UU.: ICW IDT 'lllrU. INCl.UOIIIG 1H( 'CSffllN-fAC»IG r-'CAiD( NC> M $TON( CJ# (•11 NOT ~ 1tC ...._,ACNa rACG) MC M ICW NQll91M M.1. tiO..UD1C M N(ltntCJllt.Y-fACING fACAOE ri4c~r~:\~c;~·'of':o.""°" MG GIOC Al JCc:nu,tv TO CONSlllUC T 1M( HCW IIU1 'MU. Oil M NCW NQalk WAl.L Qllt 4$ MIIIID •• mn '4IUCI: ASSDCIATOI • ..,.. llltftCT fO 1M( ... 11:Sl *-'lL. °" TI< HlU MIOlllCUAA. CXJMntt •TW 11{9(CT TO THC NEW *lltTH WAU. PROPOSED =~NCING PLAN 111111 1111 a 11 • ~ ... HHi 5:l:l:l :l l'i!i!i!I' ...... .. .. . U !U n•~ N~, u i ii C i e 0 iu , ~ 1.dt tercoji: _ j ,0 N ~ iii o~d~ ~uu U .r--- E9 ,~ z I.LI I o ....,~ Is!~ a: I.LI cS <o ZI--U 2z . t,!~~ a: I.LI Is! I~ Z< w _, z on.w CQNCEP1UAL TQIINHOUS[ P£RSPECTl',1 CONCEPTUAL CONDOMINIUM PERSPECTIVE PERSPECTIVE RENDERINGS GDMII-___ ..._ ...... _......._ Cl(~ aY OT SCAi..( I"• ·.o· ..CtT oo•'"' u, "0•1t 01 IO• PUD-l2 ocQUD IYCi, -NOA:C. T OlJO 00 u .. .. i C z Iu ! . ffq ~ ldii 0 TITLE CONMJNENJ LEGAL QEICRl'TJON M: EAST ONE-HALF OIF lH[ SOUMAST ONt-QUMfflt OI 1Ht WlUTHCAST ONC -QIJMTDI OIF SCCl'ION .S,. roartSHP 4 toUlK, 1tNG: N wnT OI M 11H P.M~ COUNTY OIF MN'NU_ STA1t OF CCl.CIIADO. DICIPT 1H[ NCJtlM 4.JD f"UT THDIEOI AND OICO'T 1H[ (AST 40 ,UT THElll(O, AS IICltT OI WAY f'OR STAlt HtQ(WAV NO. 177 (SOUlH IMWJt!ITY a'tO.) AND DDCZJIT TH[ S()UTH lO fttT THCM:O, AS MQHT Cf' WAY fOllt STAT( HIGHWAY NO. 10 (CAST H~ A1o"[.} ANO OIC[PT A fft.ACT CCM£'l(D TO M IJOINltTMDn' rl ..aHIIA'l"S IN DaD RECORD(D OClOIDI t. 1151 Iii 100K 119 AT P'AG( M AS n.ltlHOt NQHT fl WAY FOR STAT[ HIGHWAY NO. 70 8U8YIYED LEGAL QHCIIPJION A PARCn OF LANO UICAffD Iii lH[ DfflCAST ca.lM1Dt 0, lHl SOUllCAST OUARTDI fJI S[Ct10N J5, ~ 4 nmt. IINIC.E II CST Cf' 1H[ SX1H PfllN<»'At. ..,.,.,,._ aTY o, INCLCWOCID, ccunv a, IIAJ#Nf«. STA1t. a, COU1UiOO. IICIII[ P'MTKU.AM.Y ~ Al POU..OIIS: ct'MIDICMi AT TH[ ,OUIH[AST CC11NJt a, Ml) !l[CllQN • 1t«NC( NOO'Oe',U9W M..ONG lMt CST UN( a, lHl Dl1HCAST ca.lM1UI OF SM> SC:llCIN 35 A txSlANCI: OI I0.01 FltT: tttEMC(' ,..,T..,-.. A CIISTMCI Of 40..00 fl[T CF~~~~r1':X.tAfi:~i:o-= ~A~~y •) BC~ ncNCl: AUN. THC NCIIITH UN( al 1H[ [AST HAWO[N A~ NQHT AS DtSClam AT 5AID IOClc: 1151, ,AGE 5eO M f"Cl..1.CMNQ THIii[[ (l) 1) THCNCC Sll'ST..rw A DtSTAHCl a, ll0.53 FUT; 2) THCNC£ Nl7"10'47"'W A DISTMICC Of 100.10 FIZT; l) lHCNC% SlnT4S"W A DtSTilrHCE a, 141.10 ,UT TO A l'CINT ON lHt IOT LM OT THC CAST HM.I' OF 1Ht IDUMAST CIJM1Dt t:I 1H[ 90UlHCAST WARTOI: a, SM) S[CllQN JI; THOU NCIO"Ol"WW -.aNO H 11ST l.K a, 1Ht UST MMI' Of 1M[ SOUTHCAST QUAlt1DI a, 'K IDU1HtAST GUMD OF SAID IK11DN JI A CISTMCC fl lU.14 FttT TO A "°"T CN 11C toU1H lM OI ROO( I. ~ U SCCOID Fl.NC A.S FUD .. TN( MWAHCll CCMITY CUJIC MD aCCIIDlln omc( AT 91ECIPTION NO. 1Stll57: 1MOG. _.4l'OZ"t AI.LWC N...,... LN CE SAil) &.OOC I A DISTANCC fl U,.lO n::tT TO TH[ SOUTHCAST CCMIIJt r1 SM> 11..00C t; Ml> ,-.y M.ID 11M CII M IEST IICkT (11 •y UN[ OF SOUTH 1..N\O!ITY ICU.tVMD; 1tCMCZ SDO'Ul"Q'"r M.t'NC 1Ht 1IDT tlQMT o, WAY lM fJI SOJ1H \N'Clt9TY 8CLUVMD A ml'TMCI t1I aD0.00 PUT 10 1H( PCINT OT KcaelNI; SAIi PMC:n CCNTMNS 417.011 9IIJM[ FUT. 1t.4t ACll(S. IIOIIE Ollt llSS. I I SECTION CQIITIIOL, DIAIMN 1-I l~--'---+- 1 I, I I I. II I~ TITLE CQIMTIEft EXCVDQNI THC rtU.OIIINQ .W: DCE'1ICINS Ul11D If SCMOLU 1-2 OF 1'1U: CCIM11EfT NO. MCaCl204 ...,.NE) 8Y l.NrG 1111.[ GUMMltt CO'ltlff. DA1ED OCltllDI 31. 2CQ2 AT 1:00 P'J1I. lM( tUalRS 1EL.CM CDIIIDP'OIC) TD 1H( ....-.a l'rS1DI UIED .. SM> 1l1U OOlllllMENT. ntON11D1 9Jlt\OINQ,, INC. DID NOT 011t DCM1M: llblS t-2 #D ...... i,~,::. I..NIUI IIIQEl'1ION NO,. AI002450. N01C: lM( lA9DIDfTI AS DDClllalD ....,, .T fOlltlM AT SAID T HA\€ 111N Cilll#tlCM.LY ..,_ MDlllOt. T:5==~~r0/nt1 IN ........, I. 111f7 utaJI lltaP1DI IC). AJOIJIU. M01I'.: SAG ~ .,_ to M CP1ION TO lLAI[ 'W> 91( LlAI[ Mllllll8IT ~ ~111..Y , • ..,,. n:n OF 'It« cT ,...,.,_ 1Ml LOCA'WClf OT 1111) 190 ..,,,. nn IS 9C>T IJONI) AT MG ..-...wT. ~ OI 1tC CPIDI 1') l&Atl MCI 9ft: LrA11: MIIIDDT .. NOT cmMJIID 10 N ...-.._ NO ATIIWT HAS 1UN Ma '° ~ y tJDIICT .. L[AI[ MP. 12.) teaWQ.111 01 AIIIIIIDT IIECCIIDII) MMCM t. ttN \ND lllCD'1ICIN p z ,._,.,,, D LEllEIID ·--..,.._ 1M'M> 1111.Jf'l' I.M .... ............ ---..... DICIIOl••IIIDIEfl WJIS tQUIOC l"IJICSI.IL .~ ~- UCSl "i. l) -- Cl"" Utl.Jf'l'""'-1.l 0 --• --• . .. _. -~ MUV,I.Off l;t .. ._.. .,. ---~ ....... unrtOl"S JID1(; MD IIS1IIIIIINT ITA1D 1MAT H flQlfflQN OI 1H( 91.aET PIICftltN IEIC l£ASID IS IID:MED II EJNalT I OI MD NSllUelT. DlatT a 9tcNS A •1t PlM OI A "Clt1IClf '11 H IDU1MIDT CQIINUI OI 1"t aaacT MDNIITY. SM> 111( ""' Dml NOT CGrlTMI A LnA1. DDCIIPlDI 0/F 1'C LIAI( /JIU. ca GIUrflCM.LY mnc SM) LU!l: #CA NO AT'Tlll'T HAS IUN IMO( 10 CIW'MCALLY DIPIC'T SM> ILAI[ 11aA. lnl1Y Ill! D "' .__ 1.) 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IU8YIYQR'I C18Ir1CATIQN TO Cll....a ll[M.t'f CDISI.\.TMTS. m....., ......... • CIUIIMO ~IT COJlf'Dl&TO UNI Tlflt ,,.,._,a a...t,1 IS fO <El'W"f ftlo&f IMS ._ <:a IJ\Af AiJIIO N --~T ~ 11 It IAaDClll.._ -~ ... -....... ST ....,..tlff "III. ll(CUIIDl[Nfl fca 'i&.T• / IICw. UNI) Ill.(~ • .C.'lt.'t' lff*"C 1:.,9:,.''\~',: ,.-:.=~-~'°~~t~l, ST...,... .\S .... ,U, l'Y AlfA. NSPI, o11ND 11GW .-ci .. OT{C1 H OA'l OT ... CO~flOII. !,NO,aco f'Ull!WP caarn ~, """" noJI ~ .. ,.,••.1ina1Q11 _..., «OU•ll' ~~ IJl(ro-u. ~ 0-,U • OIIDU 10 .tOCw. CM. n; CU.MAIU 10 fM09l CIJ'I\.MJt ., N ._.,,.. Mllil1. OIST.tilllCl ND Q.QIUII. lllCUIIIOO'l'S ff# V'o(T c::tWlaG. l.MCt ~ ra-.tit.T,,./aca, u,,c, •u t. AL TA/ACIII UII> Tffll llMY --~sn!AlU> II t---t---t-------+---l 1( E/4 E'IOII ~ lONl9' 4 S011t RANG( II l[ST CK 1H( SIX"TH P,11. t-+---+-------+---1 CDIITY f6 Ml##U. STAI[ f6 CllCMIO f'ACMTIIR 5uRY£YIHG. INC. J52 NOllf"OU( s,•. AIHIOltA, CO 8001 1 Ofe . JOJ-U0-0113 ,u. JOJ-J40-011 ~ i: .. i: .. 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LOT• lOT J Of I 0 SCALC• 1• • lO' a 3 .. ., ., 8- a i I ~ p 0 ,. r r BY AUTHORITY COUNCIL BILL NO. 51 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE APPROVING TIIB GOLF COURSB RBSTAUltA'NT CONCESSIONAIRE LEASE~ BETWEEN THE CITY OF ENGLEWOOD AND CADDIE SHAClt WHEREAS, Caddie Shack has been selected u 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. Read by title and passed on final reading on the 20th day of September, 2004. Published by title as Ordinance No . _, Series of 2004, on the 24th day of September, 2004 . Douglu Gurctt, Mayor ATTEST : Loucrishia A. Ellis, City Clerk 1- I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No. __, Series of 2004. Loucrishia A. Ellis 2- t AGREEMENT TiilS AGREEMENT, 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"; WITNESSETH: WHEREAS, the City owns certain real property which is known as the Englewood Municipal Golf Coune, hereinafter called "Golf Coune", and localed in the City of Sheridan; and . WHEREAS, City and Concessionaire desire to enter into a !cue for the management ofthe restaurmt and lowige located at the Englewood Municipal GolfCourse; NOW, 11:IER.EFORE, for and in consideration ofthe mutual covenants hereinafter appearing and of the payment of the monies hereinafter set forth, the parties hereto agree as follows: Section 1. STATE.\.iENT OF INTENT. The purpose ofthis 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. 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 lhcrcon, located at 2101 West Oxford Avenue, Sheridan, Colorado 80110, for the purposes ofserving food and beverages. including alcoholic beverages. Section 3. DEF1NITION OF PREMISES. The "Leased Premises" as referred to herein is defined to be the golf clubhouse restaurant and lounge which is owned by the City ofEnglewood, Colorado. See Exhibit •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 ofthe Golf Col.ll'SC as a gol f course, i.e. fairways and greens , Pro Shop, and all other golf course operati ons. Section 4. TER.M OF AGREEi'dENT. This Lease shall not be effective until Concessionaire has obtained a liquor license to dispense alcoholic beverages pursuant to C.R.S . 1247-101 et. seq. From the dale of si gnature until the li quor license is authorized by the proper officials, this Lease shall be consi dered an Option to Lease that may not be tcnninatcd by either party, except that if the Liquor License is not ~ted and in operation on or before Scpccmber 22, 2004 . The City hereby grants 10 Concessionaire the right 10 hold the Leased PmniJes pursuant to the terms oflhis Lease for a one ( 1) year lease with rwo (2) one (1) year renewals at the option of the Concessionaire and with two (2) additional opti onal one (1) year periods by qrecmen1 E X h i b i t 1 ofboth parties. The City reserves the right to accept, modify, or reject said written proposal. If the Concessionaire intends to renew tbe contract they must inform tbe Director of Parks and R.ccrcation ninety (90) days prior to termination of tbe lease. The City shall inform Concessionaire ofits decision tbrouah the Director ofParks and R.ccreation. 2 r Section 5. USE OF THE PREMISES. Concessionaire shall have the right to possession of the 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 autbori7.c that which is prohibited llllder United States, State or local law, orduumce, code or regulation. The Leased Premises shall be used by the Concessionaire for the purveying ofalcoholic beverages, as the same may be authorized by and rcgulatcd under tbe Colorado Liquor Code, C.R.S. 12-47-101, et seq., and for the opcnu:ion ofa restaurant. Concessionaire 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 ofthe United States, statutes oftbe State ofColorado, 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 can or a combination thereof. Operation time and use ofthe sheds and can(s) shall be provided by the Concessionaire and shall be approved by the City Manager or dcsigncc in the same manner as Section 8. Use of cart(s) shall follow the same rules and regulations as golf course rental carts. Shed design shall be approved by the City Manager or his designcc. Use ofa can shall not interfere with the operation of the golf course. Service to the golfers on the course shall be reviewed by the City Manager or his dcsigncc every six (6) months. Entertainment ofany nature that Concessionaire proposes on tbe premises shall be subject to prior approval by the Englewood City Manager or his designcc, which approval shall not be unreasonably withheld. Ifthe City determines any entertainment to be objectionable, City shall notify Concessionaire in writing thereof and Concessionaire shall terminate said entertainment immediately. Section 6. EXCLUSIVE RIGHT TO USE PREMISES. City hereby grants to Concessionaire the exclusive right ,u, use the Leased Premises to operate a restaurant and to purvey alcoholic beverages. Use of vending machines by the Concessionaire must be approved by the City Mana,cr or dcsigncc. Section 7. MENU . The Concessionaire shall provide an attractive menu for breakfast, lunch, and evening meals listing meal items, beverages available and current pricing. Menus, pricing 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 through September 30th of each year, the Concessionaire shall operat.e the restaurant facility seven (7) days per week and during these months shall be open each day to serve meals to the public from one-half hour before dawn and shall remain open until at least 10:00 p.m. b) During the months of October 1st through April 30th of each year, the Concessionaire shall operat.e the restaurant 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, including the hours of shed and cart operation, may be modified with written approval from the City Manager or his dcsigncc. d) Sunday closing at 8:00 p.m. is permitted. Nothing herein shall be construed as prohibiting the Concessionaire from being open for other hours in addition to those stated in paragraphs •a• and "b" above. Restaurant may close on Christmas Day. e) Concessionaire agrees to cooperate with the Golf Course Manager in scheduling golf meetings and events that involve use of the grill, meeting room and dining room. In the event of any disagreement, the matter shall be referred to the City Manager or his dcsigncc. f) MAINTENANCE, REPAIR. AND REPLACEMENT . i. The Concessionaire shall be responsible for rcpaiB and/or replacement of small appliances, dishes, glasses, silverware, and other equipment and miscellaneous cooking pots, pans and utensils. n. The City shall be responsible for the cost and selection oftbe contractor for maintenance, rcpaiB and replacement of the stove, grill and oven, hood md fire suppression system, deep fat fryer. sinks, srcasc trap, cabinets, dishwashers, freezer. walk-in cooler, bar rcftigeration, fumilllrC, md snack bar cooler. The Concessionaire shall be responsible for the first tbrcc thousand five hundred dollars (53,500.00) of outside contractor cxpcnsc or pans purchased by the City and thcrcaftcr the City shall be responsible for all additional costs, unless such cost is due to ncgliscnce or other acts by Concessionaire or employees of Concessionaire. g) Concessionaire and or the C ity may temporarily close the restaurant facility for cleaning, consuuction and maintenance under a mutually agreed upon schedule. 4 SECTION 9. CLEANLINESS GUIDELINES. The Concessionaire will maintain, at all times, the kitchen, food preparation, dining and banquet area.a, all equipment, fixtures, paraphernalia, materiala, utensils ami other items there in, in a clean and sanitary manner, poliahed and wued to the highest degree possible. Concessionaire ahall keep the concession facilities clear of broken glue, debris, and prbage. Concessionaire ahall diapoae of any waste water or other waste fluid in the sanitary sewer. In the event waste fluida may not legally be disposed of in the sanitary sewer, then Concessionaire is responsible for disposing of same in an appropriate and lawful manner. Concessionaire shall comply with all applicable health and sanitation laws and regulationa in efrect where the food/beverap areu are located. The Concellllionaire ahall permit and facilitate inspection of the food/beverage area.a by the City and ita representatives and by public health/sanitation/builcling/fi.re authorities ao 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 Acta and Regulations governing food service operations. c) All applicable County Public Health/Sanitation Regulationa. d) All applicable Federal Government Acta and Regulationa. e) Any specific guidelines established by the Manapr. SECTION 10 . SANITATION REGULATION AND JOB INSPECTION. a) Informal inspections of the food service facilities are to be conducted. weekly by the Concessionaire. An inspection checkliat is to be prepared and completed by the Concessionaire for each inspection, and said checldiata are, to be made available to the City upon ita request. A complet.e report of corrective measures taken or to be taken for any deficiencies noted should accompany the inspection report. b) Informal inspections of the food se.rYice facilities are to be conducted daily by the Concessionaire 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 basis, by the City's designated representative, accompanied by the Concessionaire. Section 11. RENT . a) Concesaionaire shall pay rent to the City in accordance with the followins schedule: i. Commencin1 on the Concessionaire lhall pay 3,000 per month or $36,000 per year. s t 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 Satw'day or Sunday. A penalty fee of Sl 0.00 per day or pan thereof shall be charged for each day or part thereof that the rent is past due, until 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 tennination. 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 mow removal when necessary. Section 15 . SIGNS. The City shall mainrain an entrance sign with the name of the Concessionaire. The Concessionaire shall be allowed equal space on the entry sign. Any other signage for the resraurant shall be the sole responsibility of the Concessionaire. All signage must be approved by the City Manager or his designee. Section 16. PHYSICAL FACILITY AND EQUIPMENT. C ity agrees to provide space, fixtures, equipment and furniture for an equipped kitchen, bar, lounge area, grill , snack bar and two dining/meeting rooms. Concessionaire qrees not to move existing partitions separating dining area and meeting room without the written permission of the City Manager or his designee. 6 C t Section 17, ADDmONAL FACil.ITIES AND EQUIPMENT. Concessionaire shall have the right to install additional facilities and equipment with the consent ofthe City Manager or his designee. Said facilities and equipment shall become the property ofthe City upon the termination ofthe lease. Section 18, SECURITY. Concessionaire is responsible for the obtaining oftheft insurance covering all food, liquor, and other supplies and personal property ofConcessionaire. Such policies shall contain no right ofsubrogation against the City. Concessionaire shall provide a copy ofthe policy to the City Manager or his designee. Section 19. PERSONNEL. a) Concessionaire shall at its own expense employ such qualified personnel as may be necessuy for the concession operation and shall require all personnel to be clean, polite, and courteous in their transactions with the public . b) Concessionaire shall give personal supervision and direction to the operation ofthe concession and, when absent, keep competent personnel in charge. c) City shall not be responsible for the wages or salaries ofany employee or representative of Concessionaire, nor for any debts, liabilities or other obligations of Concessionaire. d) Neither the Concessionaire nor the employees who perfonn services pursuant to the Agreement shall be considered employees, servants or qems ofthe City of Englewood as a result of the performance of services under the Agreement. e) Violence and acts prohibited by law committed by Concessionaire or employees of Concessionaire shall cause immediate termination ofthe Lease. 7 Section 20. LICENSES AND PERMITS. 0 CJ 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 Restaurant Liquor License pursuant to C.R.S. 12-47-101 et 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. INSURANCE/INDEMNIFICATION. a) Concessionaire agrees to furnish to City a perfonnance 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 perfonnance by Concessionaire of all tenns, 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) INDEMNIFICATION. Concessionaire agrees to indemnify and hold hannless 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 are in any manner connected with Concessionaire, if such injury, loss, or damage is caused in whole or in part 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 or not any such liability, claims, or demands alleged are groundless, false , or fraudulent. d) INSURAN'CE. i. Concessionaire is to procure and maintain, at its own cost, a policy or policies of insurance sufficient to insure against all obligations assumed by Concessionaire pursuant to this Lease. 8 0. ii. Concessionaire shall procure and continuously maintain the minimum insurance coverage's listed below, with the fonns and insurers acceptable to the City of Englewood. 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) 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. B) Liquor Legal Liability Insurance, with minimum limits ofSl,000,000 for injury or death of any one person; $1,000,000 for injuries or death occurring as a result of any one accident; S1,000,000 for property damage; and $1,000,000 for products liability. A certificate evidencing said insuran.:o: pclicies shall be kept on file with the Cleric 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 funher 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 against City for MY 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 o(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 contributory 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 arc in full force and effect, and shall be reviewed and approved by the City of Englewood prior to conunencement of the Agreement . No other fonn 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 wrinen notice has been given to 9 t 0 the City ofEnglewood. The completed certificate of insurance shall be sent to: City Clerk City ofEnglewood 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 ofthe 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 S1,000,000 per person and S1,000,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental hnmunity 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 the 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 funher agrees to indenmify 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 division. Section 23. FIRE OR NATIJRAL DISASTERS. In the event fire or natural disaster renders the Club House and its concession facilities inoperable, the Concessionaire shall be released from the terms ofcompensation to be paid the City until such time as the Club House and its concession facilities are declared open and operable by the City. rr 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 rcpon shall be generated providing a breakdown of"gross sales" into the following categories: Restaurant Operalions, Catering Operanons , Bar Operations Ai'ID ANNUAL AUDIT. Such records shall be maintained in accordance with generally accepted accountin1 principles and shall be audited annually by an independent accountant certified in the State of Colorado . The records hall clearly show Concessionaire's poss sales. includin1 proceeds from all catenng activities. Gross sales shall be divided m restaurant opctations, 10 catering operations and bar operations. Such recorda and accounts, includiq all sales tu reports that Conceaionaire fimlilbes to my aovermnem or peuuneutal qeacy sball be made available for inspection at any reasonable time upon request oftbe City, tbe City's auditor, or other authorized represeut:atm, ml a copy of such IDDUll audit, includiq all written COIDIDm11 ml rec,,.u@wadariaaa of 111Ch independent ICM'Jutmt, sball be f\nisbed to tbe City Clerk wi1hin 90 days oftbe cloae oftbe filcal year being so audited. Section 25. TERMINATION OF LEASE. a} This Lease may, at my time, be tcrminaled by either party upon ninety (90) days' written notice to the other without ca111e. b) The parties may terminale tbe Leue by sivinl thirty (30) days' writlm notice of a violation of paragraphs S, 7, 8, 9, 10, 11, 12, 13, 14', IS, 16, and 17. c} Violation of paragraphs 18, 19, 20, ml 21 shall be pounds for immediate termination of tbe Lease. ' 11 Section 26. DELIVERY AND REMOVAL UPON TERMINATION. Concessionaire will deliver the premises at the tamination oftbis Leue in u p,d condition and state ofrepair u when received, except for ordinary wear ml tear or loss or damap caused by an act ofGod. Upon termination, Coaceuionaire shall ba,ie tbe ript to remove any supplies or personal property belonainl to or imlalled by tbe operator, subject, however, to any valid lien or claim which City may have for unpaid fees. Provided also that if said removal causes any damaae to tbe premises, said Concessionaire will repair the same in , proper and satisfactory IDIIIJIG" at its own expense. All liquor licenses shall be transferred to tbe City ofF.nalcwood or new com:esaionaire. At no time shall Concessionaire terminate, aler or surrender tbe liquor license wi1bout approval of the City ofEnglewood. The Concessiamire shall be subject to ~unction to prevent surrender or injury to the liquor license. Upon temrination, tbe IUlchcd Power of Attorney shall be operative and shall allow the City to operate the eslablisbment pursuant to law. Jn the event the liquor license is transferred to tbe City ofF.nalcwood 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 ofboth parties. Section 28. NOTICES . All notices, demands and communications hereunder shall be personally served or pven by certified or registered mail, and: a) Ifintended for City shall be addressed to City at: City ofEnglew~ Attention: City Manager 1000 Englewood parkway Englewood, Colorado 80110 12 with a copy to: City ofEnglewood Attention: City Attorney 1000 Englewood Parkway Englewood, Colorado 80110 b) Ifintended 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 deemed 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 e:uubits attached hereto: a) Contains the entire agreement between the parties; and b) Shall be governed by the laws ofthe State ofColorado. Section 30. SEVERABll.ITY. If any clause ofprovision ofthis Lease is illegal, invalid or unenforceable under present or future laws effective during the term ofthis Lease, then and in that event, 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 ofeach clause or provision ofthis Lease that is illegal . invalid or unenforceable, there be added as a part ofthis Lease a clause or provision as similar in terms to such illegal. invalid or unenforceable clause or provision as may be possible and be legal, valid and enforceable. Section 3I. CAPTIONS . The caption ofeach Section is added as a maner ofconvenience only and shall not be considered in the co~truction ofany provisioo or provisions ofthis Lease. 13 t Section 32. BINDING EFFECT. All terms, conditions and covenants to be obac:rved and performed by die parties hereto shall be applicable to and binding upon their respective heirs, administrators, ~ successors and assigns. IN W!INESS WHEREOF, the parties hereto have hereunto set their hands and seals as ofthe day and year first above written. CITY OF ENGLEWOOD, COLORADO City" By---..,,,--~--- Douglas Garrett, Mayor ATIEST: Loucrishia A. Ellis, City Cleric CADDIE SHACK Concessioaaire" 8*-~J.;--.,,.o ass, •r!i ~ Jun Dadiotis U C By _________ _ 14 J • . . • 0 0 11". J . 1'-------.t 7 COUNCIL COMMUNICATION Date : Agenda Item: Subject: September 20, 2004 11 Ci Transfer of Funds from the Public Improvement Fund to the General Fund for Brownfields Loan Debt Service Initiated By: Staff Source: Department of Finance and Frank Gryglewicz, Director Administrative Services COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The Council discussed this at the April 10, 2004, Financial Planning Study Session. This transfer is performed to cover the cost of debt service for the Brownfields loan paid out of the General Fund . RECOMMENDED ACTION Staff recomm ends City Council approve the attached Resolution transferring S100,063 from th e Public Improvement Fund to th e General Fund . The so urces and uses of the funds are: PUBLIC IMPROVEMENT FUND Source of Funds; Unreserved/Undesignated Fund Balance Use of Funds : Transfe rs Out to th e General Fund GE N ERAL FUND Source of Funds: Transiers in from the Public Improvement Fu nd Use of Funds : Brownfields Loan Payment 100,063 100,063 100,063 SlG0,063 The City o i Engle\\ ood 1s required b Cit Cha rt er to ensure that expendi tures are not made uh o ut pro per appropnauon b Ci t Council. The attachea res oluuon appropriates funds to ensure th ,lt th e Cit~ o r En glewood c omplies with legal restncu on gO\ erning locdl budgeun g. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED All debt service payments are paid by the General Fund . The underlying debt was incurred in connection with a completed capital project FINANCIAL IMPACT This transfer will reduce the Public Improvement Fund's reserves by $100,063 and Increase the General Fund's unreserved/undesignated fund balance by the same amount LIST OF ATTACHMENTS Proposed Resolution SERIES OF 2004 A IU!SOLtmON APPJlOVING THE TRANSFl!lt BROWNFIELDS LOAN DEBT SERVICE. WHEREAS, the City of Englewood is required by City Chaner to ensure that expenditures are not made without proper appropriation by City Council; and WHEREAS, the City Council approved the 2004 Budget and Appropriation Ordinances on November 3, 2003; and WHEREAS, the transfer of these funds from the Public Improvement Fund to the General Fund is necessary to cover the cost of debt service for the Brownfields loan paid out of the General Fund; WHEREAS, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section I. The City Council ofthe City of Englewood, Colorado, hereby approves the following transfers and appropriations : PUBLIC IMPROVEMENT FUND Source of funds: Unrcserved/Undesignated Fund Balance YseorFapd1: Transfers Out to the General Fund GENERAL FUND Source of fppd1: Transfers in from the Public Improvement Fund Use or Funds: Brownfields Loan Payment 100,063 100.063 100,063 100,063 Section 2 . The City Manager and the Director of Finance and Administrative Services are hereby authorized to make the above changes to the budget. ADOPTED AND APPROVED this 20th day of September, 2004. AITEST: Douglas Garren, Mayor Loucnshia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No._, Series of 2004. Loucrisbia A. Ellis, City Clerk AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, SEPTEMBER 20, 2004 7:30 P.M. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 I . Call to order. /: -!>~ 2. Invocation.~ Pledge o f Allegiance . ~ ). 4 RollC.H. tP,(_ ? ~ Con idcrahon of Minutes of previous session. 11) Minu t" fr= th, R,gua, Cify Couocil mtt,ng of Sept=b" 7, 2004. ~ 6. Recognition of Scheduled Public Comment. (Please limit your presentation lo ten minutes.) t Englewood City Coun ci l Agenda September 20, 2004 Page 2 9. Consent Agenda Items. a. b . C . Approv:e-9rdinances on First Reading . Approg-9rdinances on Second Reading . Resolutions and Motions. ff 10 . Public Hearing Items. a . Public Hearing to g Englewood. er public input on the fUIJb "i'6'?1.if/lUYI 11. Ordinances, Resolutions and Motions. tlAvJr, ~~~~ a. Approval of Ordinances on First Readin{"rfY I-() ff f'),{jb . Approval of Ordinances on Second Reading. 5k Co~ncil Bill No. 40 (a~m;nd/~~pprorys the~ Denver Semin¥y Pwlned I, Orut Development./?~ ~ r"\J/F. &3? Council Bill No. 51 approving G2\1.,f~urs7 ~tau~essionaire Le~ fl~; ~ment with Caddi e Shack . 'It)~ r_ -· '() C. Resolutions and Motions. O •-_ JJ O(} Recommendation fr9m the Department of Finance and Admlnlslralive Services lo l,lf)Hr' -12...[__ adopt a resolution approving the Transfer of Funds from the Pubic lmproveme111 n . .{i)nd to the General Fund for Brownfields Loan Debt Service. STAff SOU1C1: Yank Gryglewicz, Director of Finance and Administrative 5effkft. ~ n era l Discussion: a. Mayor's Choice. b. Council Members' Choice. 13 . City Manager's Reporl. Please note: If you have a disability and rlftd ~· 3 03 -762 -2405) at le.st 48 houn 111 .,... ol I Englewood City Council Agenda Sep tember 20, 2004 Page 3 14. City Attorney's Reporl 15. Adjournment. O :/~ The following minutes were transmitted to City Council between September 3 and September 16, 2004. Affiance for Commerce in Englewood meeting of August 12, 2004. Board of Adjustment and Appeals meeting of August 11, 2004. Cultural Arts Commission meetings of July 7, 2004 and August 4, 2004. liquor licensing Authority telephone poll of September 1, 2004 Parks and Recreation Commission meeting of August 12, 2004. Transportation Advisory Committee meeting of August 12, 2004. Please note: If yo u have a disability an d need auxiliary aids or servicN, .. .ue ~ ~ C~ ol ~ 303-762 -2405) at leas t 48 hours in advance of when services Me needN( l1wrlli Message Page 1 of 1 Lou Ellls From: Bob Simpson Sent: Wednesday, September 29, 2004 8:58 AM To: Lou Ellis Subject: RE: Council meeting minutes Lou, As I remember the conversation," Based on the proposed scope of work, I believe that the sales and use tax would not exceed a maximum of $8,000. I can't Imagine that it would be more.# Hope this helps. Robert Simpson Englewood Community Development Director 303 .762.2346 Original Message····· From: Lou Ellis Sent: Tuesday, September 28, 2004 4:51 PM To: Bob Simpson Subject: C.Oundl meeting minutes Bob, This is an excerpt from the 9/20 Council meeting regarding the House of Hope discU88ion. Regarding the area highlighted in green .. .is that what you said?? Council Member Woodward said I didn't have an objection. I was just trying to get clear on it. Ms . Barrentine said I didn't mean to look directly at you when I was talking, I'm sorry . Mr . Woodward said I was trying to aet clear on who we were talking about, if we were talking about the improvements or if we were talking about all sales tu for any purchases that they may make ... for office equipment, for whatever, that's what I was trying to get clear on. Ms . Bradshaw said they already have that certificate to take care of that. It is just that on the contractor and I think this bathroom addition is going to be siz.eable . It really looks very complicated. Ms. Wolosyn said so this will be for use tax, right? Council Member Bradshaw said yes and sales tax on materials . You guys, what is the maximum amount of money we are talking about? Director Simpson said ... sales and use tax ... maybe $8,000.00 maximum . I can't imagine it would be more . Council Member Bradshaw said I, specifically, in that proposal said the House of Hope . Council Member Wolosyn said I like Jim's caveat, it should be for improvements . 9/29/2004 t 1. 2. 3. 4. 5 . Roll call CC~inutes Members: I l • l \ r ··--.,.._ i ·1· i I J r,11-0 r~~ COUNCIL • MNling wortung nolN J I I I'~ ....... I • 1.j r-\ _ __) f ' 7~ 0 0'1, tJ tC!j ...._ ------