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Home My WebLink About2003-06-02 (Regular) Meeting Agenda PacketI. Cal .. Or*r ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO The rqular meecina of lhe En&lewood City Council wu called to order by Mayor Bradshaw at 7:37 p.m. IClert'1 note: Due to I power flilurc. lhe meeting wu held in the Civic Center Community Room.) 2 . ...Cal Present: Absent : Council Members Onzulia, 0arrett. Wololyn, Bradshaw Council Memben Nabholz, Moore, Yun:bick Mayor Bnidshaw staled that due to a lack of quorum this meeting would be rescheduled to a Special City Council Meeting on June 9, 2003, at 7:30 p.m., in lhe En&lewood Civic Center Council Cbamben. 1 . Call to order. AGENDA FOR THE REGULAR MEmNG OF THE ENGLEWOOD CllY COUNCIL MONDAY, JUNE 2, 2003 7:30 P.M. Englewood Civic Center· ww11eil El.mnbe,s l()AI Alli/IT/~ 1000 Englewood Parkway ( HIUJ /I,) '1 IUt Englewood, co 80110 ff) """'~ JM/,J/6.) 2. In~ 7. 8 . inutes from the Regular City Council Meeting of May 19, 2003. a. A letter from Debbie Lathram indicating her resigna Planning and Zoning Commission . 9. Public Hearing. (None scheduled) ,)J Oil.£. to ~ OF ~UO~fl~ 1 f'HI' hl~tl#Jlt 14)"5 X~IIU11Ul,J> tO A .5fll t/AL l/tY (!plJ.l/,11., /IE~IIJf, ()J) .:r"AJe ~ --~. Pleue note: Hyou i-e a......, ..... ...., .................. QrtlF J u• (303-762•2405)11 ................. o1 ..... ,.. ....... 1'11111,-. Englewood 0ty Council Agenda June2, 2003 Pap2 ~ .. 10. Consent Agenda. a. Approval of Ordinances on First Reading. b. c. i. Council Bill No. 42 -Recommendation from the Safety Services Department to adopt a bill for an ordinance amending sections of the Englewood Municipal Code pertaining to graffiti. STAFF SOURCE: Lt. John Colina. Approval •of Ordinances on Second Reading. i. Council Bill No. 37, Storm Sewer and Water Line Easements to the Oty of Englewood from the Englewood Environmental Foundation for the property at W. Girard Avenue and Englewood Parkway. ii. Council Bill No. 38, approving a License Agreement for crossing the Oty Ditch with an asphalt driveway at 4901 S. Lipan Drive. iii. Council Bill No. 39, approving a License Agreement to install a gate across the City Ditch at 3594 S. Bannock Street iv. Council Bill No. 41, approving a Construction Easement and Water Drainage Easement for the Highline Canal Trail at Mclellan Reservoir in order for the City of Littleton to· construct a hike/bike trail underneath County Line Road. Resolutions and Motions. i. Recommendation from the Department of Anance and Administrative Services to adopt a resolution approving the annual Supplemental Appropriation to the City of Englewood's 2003 Budget for Art In Public Places (One Percent for the Arts). STAFF SOURCE: Frank Gr,a1ewicz, Director of Rnance and Administrative SeniceL ii. Recommendation from the City Manager's Office to approve a motion authorizing Englewood merchants to schedule sidewalk sales events for June 7 and August 16, 2003. STAFF SOURCE: Michael Flaherty, Alliltant City Manager: 11 . Regular Agenda. a. Approval of Ordinances on First Reading. b . Approval of Ordinances on Second Reading. i . Council Bill No. 10; ~ amended, apprqvinl amendments to the Englewood Municipal Code pertaining to Inoperable Vehides. c. Resolutions and Motions. PlelN note: If you ..... 6allllly ..... ...., .................... a, .... , ........ .. (303-7'2-2405)al .... 41 .................................. ,... ~ Eflllewood City Council Apnda June2,2003 Pagel 1 2. General Discussion. a. Mayor's Choice. b. Council Members' Choice. 13. City Manager's Report 14. City Attorney's Report Adjournment The following minutes were transmitted to City Council between May 16 and 29, 2003: Non-Emergency Retirement Board meetlnp of February 11, March S, and April 10, 2003 • En glewood Planning and Zoning Commission meetinp of April 8 and 21, 2003 Englewood Board of Adjustment and Appeals meeting of April 9, 2003 Englewood Code Enforcement Advisory Committee meeting of April 16, 2003 rtea. note: If you ... ...ay_._....., .... ,......, ......... '=~-'' I oaf (303-762•2405)• ................ .,................. .,.. ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Replar Session May 19,2003 I. Call to Order The regular meeting of 1he Englewood City Council was called 10 order by Mayor Bradshaw at 7:36 p .m. 2. lavocalion The invocation was given by Council Member Nabholz. 3. Pleclae of Allepmce The Pledge of Allegiance was led by Mayor Bradshaw. 4. RoU CaU Present: Absent: A quorum was present. Also present: 5. Minutes Council Members Nabholz, Moore, Garrett, Yun:hick, Bradshaw Council Members Grazulis, Wolosyn City Manager Sears City Attorney Brotzman Assistant City Manager Aaherty City Clerk Ellis Director Fonda. Utilities Director Lona, Library Services Director Gryglewicz. Finance and Administrative Servlca Director Olson, Safety Services (a) COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF MAY 5, 2GOJ. Mayor Bradshaw asked if there was any discussion or corrections. There was none . Vote results: Ayes : Nays : Abstain: Absent: Motion carried . 6. Scheduled Vlsllc.rs There were no .chcduled v1s11ors . Unscheduled Visitors Council Members Nabholz, Moore, Ywchick, Bradshaw None Council Member Garrell Council Members Wolosyn. Grazulis Englewood City Council May 19, 2003 Page2 a) Kevin Mebust said I am one of the coaches for the Flood Middle School Technology Team. We are just right over the hill and we arc here 10 share some exciting news. Most importantly, we are the 2003 State Champions for the Technology Club of the State of Colorado. He said I am proud to have brought three members here with me tonight. We would like to tell you a little bit about the Technology Club. I would like to have these fine students speak to you for a few minutes. We arc going to show you a short clip of some of the work we have done and then, I'm going to ask you to participate .. .I'm going to extend 10 you an invitation to participate in our endeavors. One of the things that we have been afforded the opportunity to do, as State champio:is, is to travel to the state of Florida to compete in the National competition in Orlando. Florida. Our Technology Club was founded at our school last year. wt year, we took fourth place with ten medals. This year, our team of fifteen students brought home thirty- three medals. Each member medalled and we were, in fact, the best team in the ent.ire State of Colorado. Some of the things we do are problem solving events. This year the students were given a bag of supplies and asked 10 construct a device out of rubber bands, straws and paper clips that will fling a pokc1' chip across a room as far as you can. They arc called to do tasks where they are asked to design bridges out of wood and these bridges are tested to see how strong they arc. They are called to do challenges on computers where they solve problems given to them that day. So basically, these students take what they learn in our club and compete against other students on a state level and a national level. But instead of hearing this from me, as a coach, he said, what I would like to do is to allow some of our students to tell you what they participated in, what they learned and why they are looking forward to going to the National competition in Florida. Levon Fuhr said I have been here for two years. This will be my last year on the Flood Technology Team and one of my events is doing what you all are doing ... having a chapter meeting. Well, our chapter meeting is kind of like this only we have a lot less members and we took first with that. I would like to say that this whole experience has been great for me and I have gone to three of these National Conferences. Thank you , he said . Mayor Bradshaw thanked Levon. Nicholas Nabholz said this experience for TSA. our Flood Tech Team. has been really fun. One of my events was manufacturing challenge, where you had to come up with a new inventive and il)IIOvative idea. Mine was a back massager, a little hand held back massager shaped in kind of a double L. It had four golf balls. and was named Back Nine. I think the reason why I got gold is because it worked on everybody pretty good as compared with the other things. This experience has been really good for the past year that I have been in TSA. I'm going to go through it in High School. he said. because it is a really good program to be in . Mayor Bradshaw thanked Ni c k. Lisa Fuhr said thi s is my first year in TSA. I was kind of nervous, but m y brother entered it, so I thought. it mi ght be something l want 10 do when I grow up. so I decided to join. My events were inventions and innovatio ns . I did GPS mapping, Global Positioning Satellite, and I took silver in that. Then l just took a subj ect a nd I had to do a report o n it. Then l did leadership challenge. We were given a problem and we had to wri te o ut a plan . Our pro blem was that o ur teacher had a .. no club zone", so we had to try to persuade o ur principal to get back o ur clubs . We took second in that again. In Pin Design, we had to des ig n a pin fo r Co lorado and I took bronze in that. I think this experience is really something that everyone sho uld participate in. because technology will help you throughout your whole life . You can't leave it behind o r else you are Jo si . Thanks. she said. Mayor Brads haw thanked Lisa . Englewood City Council May 19, 2003 PagcJ Mr. Mebus! said, if we may. we would like 10 show you a short clip of another of the competition pieces 1ha1 we did. which was designing a commercial for perspective business panners 10 panncr in our Technology Club. because our main goal is to develop leaders at our school who arc capable of meeting the technology challenges that they will be facing in the coming years. The tape was shown. After watching the first clip, Mr. Mebust said this next video was done by one of our coaches. The tape was shown . Mr. Mebust said these arc our kids and they are your kids too. I think you should be very proud of them. and I'm sure you arc, for their achievements this year. We have been raising funds all year to anticipate and prepare for our 1rip down to Florida. We realize that every family docs not have the resources to send a child . We arc sending a team of eight students down this year. We have been doing everything from Christmas holiday sales, to sucker sales, and we arc having a Sock Hop this Friday night that you arc all invited to. We had a bowl -a-thon, a comedy troupe ... we have done a multitude of events. But we arc here 10 invite you all to panner with us, to extend to you the opponunity, if you have the resources, and if you have the interest. 10 be a panncr with us, as we send our team to compete nationally at the National Competition in Orlando, Florida. If you have any questions, I would be happy to field them, and if not. I want to thank you very much for your time and your interest and for allowing us to come here tonight. So thank you, he said. Mayor Bradshaw thanked Mr. Mebus! and asked if there were any questions. There were none. Mr. Mcbust said I would like to leave just a little bit of information with Council. We have our web site on here and please feel free 10 look up our web site on the Internet and feel free to come by and take a look at our chapter club. Thank you very much. Mayor Bradshaw thanked Mr. Mcbust again and there was a round of applause . She said it is so nice to sec young people involved in positive activities in our City. Council Member Nabholz said thank you for the extended time tonight for these kids. I know they were unscheduled visitors and we took longer, so thank you for the time. Mayor Bradshaw said kids arc always first . She mentioned the Sock Hop, 7:00 10 9:00 p .m., Friday night, al Flood Middle School. She expressed congratulations to the three Flood Middle School Technology Team members present this evening. Please convey our congratulations to all your team mates. she said. (b) Bruce McDowell, 3250 South Elati. said I attended the work session on the 28'" regarding ho w the City is going 10 raise taxes ... actually they were talking about new r:axes, and I guess I had some issues . You are looki ng confused Mayor, but you were there . Mayor Bradshaw said I know, but I 'm confused with the term taxes, what taxes? Mr . McDowell said it was the "lucky you work in Englewood" tax, I believe . The Mayor stated that is the occupation tax . Mr. McDowell said it had some son of catchy name . As a person who lives in Englewood and works in Englewood, I would be the one who would pay 1hat. You know, I have no problem paying taxes . I believe this one is regressive ... everybody ends up paying a flat rate. regardless of how much money you make . As a secretary/treasurer of Communications Workers of America, we have our office right here in Englewood. We have a payroll of around 300 people ... actually ii is about 320. On any given payroll period, I probably only have 50 to 70 employees. Some of 1hem only working a couple hours, and a lot of these people may indeed work 1n their reaular jobs in Denver or Aurora where they already pay a head tax. But the business itself IS aoin& to act r:axed for each one of 1hese . I find 1h1s 10 be something reall y hard on businesses with pan-time employees, he said. and I Just "'ondered if there had been any considerati o n given to this . Let me say. I did not hear very much discussion at that work session . It i.ccrned like cvcr)one pretty much had their minds made up that this was go ing 10 be the easiest 1ax 10 sell 10 the people . because we arc really talkina about tuin1 those other people. the o nes who live out 1here and just come here to work. So I understand that piece, but I w ndercd t • • Englewood City Council May 19, 2003 Page4 if there had been any discussion about the part-time employee that only works two hours for a given business in a pay period . The other issue I have, and I didn't hear it addressed, was what happens when business picks up. sales tax revenue is generated again, and now we have a new tax. What happens? ls there a sunset on this or are we going to lower someone else 's tax and keep this one? I sec where somewhere tonight we 're talking about some sort of an incentive package for Gart Sports. ls that an offset? It is just a question. Thank you very much, he said. Mayor Bradshaw said that is a good question. Thank you. I think our City Attorney could address the part- time concern. We discussed that this evening. City Attorney Brotzman said in the Study Session. the ballot question initially proposed had an hour limit of 20 hours. That has been shifted to a dollar limit, so there is going to be a minimum amount that an employee actually has to work. that being $500.00 before the tax would actually come into play. That would be for the period of a month . The other issue, regarding rebates of tax or sunsets ... no there currently isn't a sunset provision built into this one and that is reserving the right to Council. So if things do turn around and we could give the tax back. it 's saving that question. so they could give the mill levy back. they could reduce sales tax or they could eliminate this tax. So, no, there isn't a sunset provision. he said. because we arc keeping that option open to Council. Mayor Bradshlw thanked City Attorney Brotzman. Council Member Garrell said I would like to speak for myself on this one. When you said it was an easy one to do ... that was not really the reason I did it. There were three different options that seemed viable and we thought two of them created problems. One is a sales tax on services, which haa never been done in the State of Colorado. So we thought implementation. in my view, would have been very diffaculL The other one was a property tax increase. With the school system in trouble, and we all know about some of the cutbacks they have had to make. they may be seeking their own property tax increase. and I did not want to step on what I considered their major funding mechanism. So that is the rcuon. he said. why I felt this would be a better route. as opposed to the easiest. Mayor Bradshaw said that my idea was that we have people who come in here to work during the day and don't live here, and they need to pay for some of the services that they require ... police and fire, since that is 3 7% of our budget. Mayor Bradshaw as ked if any of the other Council member-. wantcd to make a comment. No one did . (c) Pat Archer. 28-15 South Bannock Street. said I ditto Bruce 's concerns. as I am also a new b us anc ,s o wner here in Englewood and I o wn a home and pay property taxes. I have a very small staff and "e arc JUS I ge tting o ff the gro und . We do n ·1 foresee a profit until next year. But I haven't researched what that tax rate "'o uld be fo r employees \\oho wo rk 20 hours or over. so I will have to look into that. I do have some concerns th ere . But . she said . I did not come up here tonight for that purpose. The reason I am here to ni ght is o n a personal note. I ha ve rec ent. and prolonged. concerns about two renters on the north and south s ,de of me . The biggest concern I have nght now is about the garbage and I understand that the ne ighbors o n the no rth si de o f me have been c ued quite a few times for prba1e. They have about five mo nth s \\Orth o f garb age piled up. leaning o n the northwest corner of my fence in the alleyway. It is about the mo nth s wo rth of garbage . I have watc hed it pile and pale and pile up. They also have 1arbaae aaaan. for th e 1h1rd time. o n thei r fr o nt porc h. which is :a pretty short distance from the sueet side . As a result. the garbage has consistentl y il o wn o nt o my property and I'm clcarun1 up after these pys that rent . 1 unden.t:ind now. J o ne of the nei ghbors J USt introduced himself, that there are fow-relllCrS there . Now, I ha , e ·o m plaaned . L IT)' Medina fro m Code Enfo rcement has been out and 11ven them verbal wam,np and c 11ed them I al had n 1nc1 dent \\here o ne o f the net1hbors htcrally rode o ver my propeny . I saw him do 11 Jnd ,ailed Code Enforcement rcgud1n11 tha1 1nc1dcnt . They did noc ,.n111 lhal pc,-a ticket. About four \\Ccl Jj!O. I had an 1n..:1dcnt \\here I .:ailed the Ca t y f Ena le,.-ood police. I had aboul llvec 111culentS an •• • t .~ .· • • Englewood City Council May 19,2003 Page5 three weeks time where I had something happen. I have pictures of over a case of beer bottles, empty beer bonles. busted up beer bottles. I counted them, but after 24, I stopped counting. Cans and garbage have been tossed over the side of my fence. onto my pebbles around my landscaping. It seems obvious that the person knew I had pebble rock, river rock. on the inside of my property, so they deliberately made sure the glass was busted. I heard it. I was in bed, it was about 9 :30 Saturday evening, and I heard the crash. I have two dogs and they raised a ruckus. They were barking like crazy, but I just missed them. The police were out there fairly quickly. I still have not quite finished cleaning up the glass, because it is in so many shards and I have a lot of other yard work to do. I would like something to happen regarding the neighbors and the trash, she said. It is kind of ironic that I sec on the agenda here, that there are two resignations of members of Keep Englewood Beautiful, from that commiuee or whatever that is. I also have a neighbor on the south side of me and his house has been in disrepair as far as the paint goes, for over two years. I moved in, closed on my home, on March 2, 2001. I've got a picture of the bottles and I have a picture of the side of my neighbor's house. I have talked to Joyce Parsons a few times about this and she did tell me in February that the house would be painted. I will tell you that I was on friendly terms with those renters on the south side of me and they told me, some weeks after I moved in two yean ago. that the house would be painted, that they would be getting a reduction in their rent for keeping up the house. These renters have been there for 15 or 16 years. I cannot locate their landlord. I have gonen a hold of the tax assessor's office and found the name of the property owners, but I cannot locate a phone number. I know I can send a letter certified and know that they have gotten the letter regarding my concerns about their property being in disarray and their junked vehicles in their backyard. Which brings up one more thing, she said. and I have to mention this. The property owner and the renters there on the south side ... well they love their tree. There is a huge, hundred plus, old cottonwood tree in that backyard. What that tree has done, over the course of time, is develop a large, nasty root system in my backyard, on my property. Now, for two years in a row ... knock on wood ... rnaybe I won't have to call a ro10-rooter, to come and bail out the plumbing in my house because I'm afraid that root system has interfered with the septic system in my back yard. So, what it did, uhirnately, is it destroyed my yard after I moved in. I just reseeded. tilled it and all that. fortunately. the Sunday before the snowstorm. So the seed has taken and it ii, well over half a lawn of pass and some weeds. But, I don't know how long that will last before it dcsuoys the yard again. Hopefully, I won't have plumbing problems for awhile yet. I wanted to mention that. she said. The third incident, in three weeks time, which I neglected to mention. was aboul three weeks after I found the glass in my pebbles. I had my vehicle keyed very badly. I have a few thouland dollars worth of damage . My dogs were barking. and, in a rnaner of minutes, I went and looked and I didn't sec anything. I didn't hear any cars pull away. I suspected my neighbors on the south side, due to the non-friendliness I've experienced with them sin,:e last August. That was an incident where she was insubordinate on my property and I just told her. this conversation is finished, because she called me an fn bitch. I had just been in recovery from a motorcycle accident. I was just tending to my yard, when she came out rant i O •bout the big cottonwood tree in the back. The argument. before she attacked me verbally, was about t h and I said, well. when I have the money. I'm taking a cherry picker or whatever it takes and I'm cutting branches off. on that s ide of the tree, because I'm sick of the mess and the damage to my property. and the clean up . I just wanted to mention. that I had to till. just yesterday. a huge lawn and leaf bag full of cotton and the seed lings that come off that cottonwood tree. And that is just one bag. There was a half a ba& the week before. I don't know what else to say, she said, but I needed to get up here and vent The prbage is a real concern . I know that one of the thangs that happens. over tune. is that the neighbors don't get called on for no t taktng responsibility for their properties . They turn around and keep on taking advantage of being negligent . I don't know how else to put it. And then, they get abusive toward other people and their properties. So that's it . Thank )OU for hearing me out. she saKI. Ma )or Bradshaw aid thank you and staff will be addressing your concCffli. 8. Communkatlons. Procluadom ud Appolat__.. (al com,,dered . A proclamation declaring the month of June 2003 as Homeowners Month was • • Englewood City Council May 19,2003 Page6 COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DECLARING TIIE MONTH OF JUNE 200J AS HOMEOWNERS MONTH. Mayor Bradshaw asked if there were any questions or any discussion. There was none. Vote results: Ayes : Nays : Absent : Motion carried . Council Members Nabholz, Moore, 081TCtt, Yurchick, Bradshaw None Council Members Wolosyn. Grazulis • •••• COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO ACCEPI', WITH REGRET, THE RESIGNATION OF SUE GRANT FROM KEEP ENGLEWOOD BEAtmftlL AND THE RF.SIGNA TION OF JOE SERRANO FROM KEEP ENGLEWOOD BEAUffli'UL- AGENDA ITEMS 8 (b) AND (c). (b) A letter from Sue Grant indicating her resignation from Keep Englewood Beauliful. (c) An e-mail from Joe Serrano indicating his resianation from Keep Englewood Beautiful. Council Member Nabholz said Sue Grant ra:ently opened a businesa here in Eqlcwood and is moving on. and Joe Serrano's business requires that he work nights. His meetings-wonderful. Mayor Bradshaw asked if he was still going to be involved in the parade. Council Member Nabholz uid yea. he ..... ia. It is just that his work nights and 11ehodule conflict right now. He is still very active with the Cily and we arc grateful, she said. Vote .--Its: Ayes : Nays : Absent : Motion carried. 9 . Publk Heartag Council Members Nabholz. Moore. Oanelt. Yurdlick. Bradshaw None Council Members Wolosyn. Gruulia No public hearing was sc heduled before Council. 10. Consent Aaenda COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO A ... OVE CONSENT AGENDA ITEMS 10 (a) (I), (Iii, (Iii). (M, (v) Md (Yi). II Cb) (I). (I), (II), (IT) Md (v). (a) Approval of Ordinances on First Radina (i ) COUNCIL BILL NO . 36. INTRODUCED BY COUNCIL MEMBER GAR RETI A BILL FOR AN ORDINAN CE UTHORIZING A RENEWAL AOREEMEH1' BETWEEN CENTENN I L w ATER AND SANITATION DISTRICT AND THE crrv OF ENGLEWOOD. COLORADO. ENT ITLE D ··AGREEME NT FOR TEMPORARY LEASE AND/OR RE -DIVERSION OF RE ABLE RETURN FLOWS OF WATER ."" Englewood City Council May 19, 2003 Page7 {ii) COUNCIL BILL NO . 37. INTRODUCED BY COUNCIL MEMBER GARRETI A BILL FOR AN ORDINANCE ACCEPTING STORM SEWER EASEMENT AND WATER LINE EASEMENT FROM THE ENGLEWOOD ENVIRONMENTAL FOUNDATION, INC., OWNER OF PROPERTY LOCATED AT SOUTH ELATI STREET AND ENGLEWOOD PARKWAY, KNOWN AS THE FORMER CITY HALL PROPERTY . {iii) COUNCIL BILL NO. 38. INTRODUeED BY COUNCIL MEMBER GARRETI A BILL FOR AN ORDINANCE APPROVING A TEMPORARY CONSTRUCTION EASEMENT AND LICENSE AGREEMENT BETWEEN MICHAEL DRYER, OF 4901 S. LIPAN DR., AND THE CITY OF ENGLEWOOD, TO INST ALL AND MAlNT AIN AN ASPHALT DRIVEWAY ACROSS THE CITY'S EASEMENT ALONG THE CITY DITCH. {iv) COUNCIL BILL NO . 39, INTRODUCED BY COUNCIL MEMBER GARRETI A BILL FOR AN ORDINANCE APPROVING A LICENSE AGREEMENT FOR CROSSING THE CITY DITCH WITH A GA TE AT 3S94 S. BANNOCK STREET TO DEFINE THE LIMITS OF PROPERTY OWNERS' MAINTENANCE RESPONSIBILITY, FOR IMPROVED APPEARANCE, AND FOR SAFETY CONCERNS . (v) COUNCIL BILL NO . 40. lNTRODUCED BY COUNCIL MEMBER GARRETT A BILL FOR AN ORDINANCE APPROVING A LICENSE AGREEMENT BETWEEN THE CITY OF ENGLEWOOD. COLORADO. AND ORANSHADY. LLC FOR INST ALLING A 12" WATER MAIN FROM DENVER AT SANTA FE AND &LAKELAND RUNNING PARALLEL TO ENGLEWOOD'S CITY DITCH EASEMENT AND CROSSING ENGLEWOOD'S CITY DITCH AT SANT A FE . (vi) COUNCIL BILL NO . 41. lNTRODUCED BY COUNCIL MEMBER GARRETT A BILL FOR AN ORDINANCE APPROVING A GRANT OF CONSTRUCTION EASEMENT AND AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF LITTLETON. COLORADO. AND THE CITY OF ENGLEWOOD. COLORADO. CONCERNING WATER DRAINAGE EASEMENT FOR THE HIGHLINE C NAL AND TRAIL CROSSING AT COUNTY LINE ROAD. (b) pprov:il of Ordinances on Second Reading (i) ORDINANCE NO . 34, SERIES OF2003 (COUNCil. BILL NO. 18. INTRODUCED BY COUNCIL MEMBER WOLOSYN) AN ORDINANCE ACCEPTING DEDICATION OF THE RIGHT-OF-WAY FOR PART OF THE 2100 BLOCK OF CASPIAN. FROM THE REAL PROPERTY AT:?133 WEST WESLEY AVENUE . t u> ORDINANCE NO 35. SERIES OF ::?003 (COUNCil. BILL NO. 19. I TRODU ED BY O CIL MEMBER WOLOSYN) Englewood City Council May 19, 2003 Page8 AN ORDINAN CE AUTHORIZING THE SALE OF A SINGLE FAMILY RESIDENCE AT 2133 WEST WESLEY A VENUE PURSUANT TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND ARAPAHOE COMMUNITY COLLEGE . (iii ) ORDINANCE NO . 36, SERIES OF 2003 (COUNCIL BILL NO . 29, INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN ARAPAHOE COMMUNITY COLLEGE/A VS CAREER AND TECHNICAL SCHOOL AND THE CITY OF ENGLEWOOD PERTAINING TO THE BUILDING OF A SINGLE FAMILY RESIDENCE AT A SITE TO BE DETERMINED . (iv) ORDINANCE NO. 37, SERIES OF 2003 (COUNCIL BILL NO . 30, INTRODUCED BY COUNCIL MEMBER GRAZULIS) AN ORDINANCE APPROVING THE INCENTIVE PACKAGE WITH GART SPORTS TO EXPAND THEIR OFFICES . (v) ORDINANCE NO . 38, SERIES OF 2003 (COUNCIL BILL NO. 32, INTRODUCED BY COUNCIL MEMBER WOLOSYN) AN ORDINANCE FOR PURCHASE OF REAL PROPERTY AT 3629 SOUTH FOX STREET IN THE CITY OF ENGLEWOOD FOR POLICE PURPOSES . Ma yor Bradshaw asked if anyone wanted 10 pull an item or if !here wu any discussion. There was none Vote results: Ayes: Nays: Absent : Mot ion carried . Council Members Nabholz. Moore . GUTett. Yurchick. Bradahaw None Council Members Wolosyn. Orazulis (cl Reso lutio ns and Motions The re were no addni on.al reso lut ions or motions submitted for approval . (Sec Agenda Item 11 -Reswar Agenda .) 11. Replar Aaeada (a) Appro,al of O«linalll.'.c on Fi rst Re adi ng There "ere no add1110fl.ll 11em ub m11 1cd for ;ippro ,·al on first rudina. (Sec Aacnda Item 10 • Conse nt genda.) (b ) pproval ofOrd111;1lll.'.C on Second Rcad1 n1 t 1l Coulll.'.11 B,11 No . 10. approv1na amendments 10 lhe En1le"ood Municipal Code penamm11 to Inoperable chi le was considered . CO NC IL ME.\IBER MOORE MO\'ED, AND IT WAS SECONDED. TO APPROVE AGENDA ITE.\I 11 (bl (I) -CO UNC IL BILL NO. 1e. cou:-:CIL BlLL NO 10. INTRODl'CED BY COUNC IL MEM BER YURCHJCK/MOORE Englewood City Council May 19, 2003 Page9 A BILL FOR AN ORDINANCE AMENDING TITLE 15. CHAPTER I, SECTION 2, DEFINITIONS, TITLE 15, CHAPTER 9, SECTION I, PERTAINING TO VEHICLES; INOPERABLE; AND ADDING A NEW TITLE 15, CHAPTER 9, SECTION 2. PERTAINING TO (VEHICLES; OFF ROAD (ORV}, ENGLEWOOD MUNICIPAL CODE 2000. Council Member Moore said City Anorney Brotzman provided a variety of definitions thal we could consider in order to address some of our concerns with the initial draft . Mayor Bradshaw asked if friendly amendments were accepcable. City Attorney Brotzman said yes, absolutely. Mayor Bradshaw read the list of potential motions. I . Modify the definition of .. carport" to match the new definition in the UDC, "a space for housing or storage of motor vehicles and enclosed, on not more than two sides, by walls." Mayor Bradshaw asked if that was okay with Council. Council agreed to a friendly amendmem on that definition . 2. Modify the definition for ''hard surface." Title 16 curremly requires that off-street parking space require a hard surface that is paved with asphalt, concrete or brick pavers. That requirement for parking is going to be retained in the UDC. Mayor Bradshaw asked if that was okay wilh Council. Council agreed to a friendly amendment on that definition. 3 . Change "front yard setback" to "front yard." Mayor Bradshaw asked if that was okay with Council. Council agreed to a friendly amendmem on that change. 4. Remove the definition of"cu cover" and mmove "cu cover" from 15-9-l(A). In response to Mayor Bradshaw, City Attorney Brouman uplained that this would allow you IIO have it in your backyard behind a fence and would no longer require a cu cover. Council Member Moore asked what the chaqc in the definition would be . City Anomey Broaman said there is no need for the definition of car cover, if you remove it from that section. Council Member Mayor Bradshaw asked if that was okay with Council. Council apeed to a friendly amendment on that change . 5. Modify 15-9-l(A)(2) 10 read u follows : ..... other 1emporary activities shall not exceed eight (8) hours per day or 01her temporary ac1tvit1es shall only be perm,ned ,f the person conducung s111:h temporary ac11v111es 1s prcsem or other temporary activities s hall not conunue after undown. Mayo r Bradshaw a,ked City Auome)' Brotzman to nm lhrouah 1h11 propoiCd modifll:llion. C u y Auorncy Bro1zman said number 5 1s lr)l"I 10 ge1 back 10 !he balance bet-et1f011:e111111C and betna pra 11 cal. When peo ple work o n their car. currend). they are allowed e11hl hours. hmlled IO one day on Ille wee ~end . Th,s would allow 1emporary ac11v111e . ei1her e11h1 hours II da)' or )'OU could choose temporary a uviues o nl y ,f 1he person conducung ~uch 1ernporary IICU\llles i presclll or the opCIOII of the llllldo- provis1on. where you \\Ould work on II uiw,I undown • • Englewood City Council May 19, 2003 Page 10 Mayor Bradshaw asked what is Council 's pleasure. Council Member Moore said it still creates some enforcement issues. I would still like to proceed with the first option on this list, the eight hours per day . Mayor Bradshaw asked if that was okay with Council. Council agreed to a friendly amendment on that change. COUNCIL MEMBER MOORE MOVED, AND IT WAS SECONDED, TO ACCEPT AMENDMENTS 1, 2 , 3, AND 4 AS LISTED BY CITY ATTORNEY BROTZMAN AND THE FIRST ONE UNDER 5. I. MODIFY THE DEANITION OF "CARPORT' TO MATCH THE NEW DEFINITION IN THE UDC, "A SPACE FOR HOUSING OR STORAGE OF MOTOR VEHICLES AND ENCLOSED, ON NOT MORE THAN TWO SIDES, BY WALLS ." 2. MODIFY THE DEFINITION FOR "HARD SURFACE." TITLE 16 CURRENTLY REQUIRES THAT OFF-STREET PARKING SPACE REQUIRE A HARD SURFACE THAT IS PAVED WITH ASPHALT, CONCRETE OR BRICK PA VERS . THAT REQUIREMENT FOR PARKING IS GOING TO BE RETAINED IN THE UDC . 3 . CHANGE "FRONT YARD SETBACK" TO "FRONT YARD." 4. REMOVE THE DEFlNITION OF "CAR COVER" AND REMOVE "CAR COVER" FROM IS-9-l(A). 5. MODIFY 15-9-l(A)(2) TO READ AS FOLLOWS: ..... OTHER TEMPORARY ACTIVITIES SHALL NOT EXCEED EIGHT (8) HOURS PER DAY . Vote results on tbe ._ndments: Ayes: Council Members Nabholz, Moore, Ganeu. Yun:hick, Bradshaw Nays : None Absent : Council Memben Wolosyn. Gruulis Motion carried. Mayor Bradshaw said this is addressing inoperable vehicles only. City Attorney Brotzman said that is correct. So, Mayor Bradshaw said, vehicles that run arc not a problem. Mayor Bradshaw asked if there was any further discussion on this. There wu none. Vote results on appro¥al or Council BID No. 10, • aaeaded: Ayes : Council Memben Nabholz. Moore, Garrett. Yun:hick, Bradshaw Nays : None Absent : Council Members Wolosyn, Grazulis Motio n carried. (i i) Council Bill No . 31. an emergency ordinance prohibiting the open carrying of firearms m certai n public areas . COIJNCIL MEMBER MOORE MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (II)-ORDINANCE NO. 39, SERIES OF 2083, ORDINANCE NO . 39. SERIES OF 2003 (COUNCIL BILL NO. 31, INTRODUCED BY COUNCIL MEMBER WOLOSYN ) .\N ORDINANCE AMENDING TITLE 7 OF THE ENGLEWOOD MUNICIPAL CODE 2000 BY ADDING NEW SECTION 6 TO CHAPTER 6C. ENTITLED "PROHIBmON ON THE OPEN CARRYING OF FIREARMS .. AND DECLARING AN EMERGENCY. Englewood City Council May 19, 2003 Page 11 Council Member Yurchick said he had a question . Define open carrying, he said, does that include concealed? City Attorney Brotzman said no. actually Senate Bill 24 and Senate Bill 25 were: passed by the Legislature and signed into law by the Governor. Senate Bill 24 is the concealed weapons bill, which means now you can go get your concealed weapon permit from the State, actually Arapahoe County if you arc a resident of Englewood. The City is prohibited from enacting laws restricting concealed weapons. Senate Bill 25 is more general in nature on prohibition. Basically, the Legislature is saying that cities may not enact laws restricting any thing that the State has taken purview to, with regard to guns, except. and they have an exception. is for open carry. So. in Englewood in the past. before the two senate bills, you could carry your weapon openly ... meaning out. Council Member Yurchick said Colorado is an open carry state. Attorney Brotzman said is an open carry state, unless it is prohibited in certain areas. For instance, in the past the parks rules prohibited hand guns. So you couldn't have a hand gun in the parks. Well, they actually got rid of the park language in Senate Bill 25. except they said you could reenact an ordinance prohibiting in specific places and, he said, many of the areas on the list arc parks. Council Member Yurchick said but this docsn 't prevent c.irrying a concealed weapon. Attorney Brotzman replied that no, you may have a concealed weapon in the parks. Mr. Yurchick said so once they draw it, it is an open weapon. City Attorney Brotzman said yes, once it is no longer on your person, it would be open carry. Mr. Yurchick said they can carry it. but they can't pull it. Attorney Brotzman said yes. Vote results: Ayes: Nays: Absent: Motion carried. Council Members Moore, Garrett, Yun:hick, Bradshaw Council Member Nabholz Council Members Wolosyn. Gruulis Mayor Bradshaw asked if Council Member Nabholz 11,'0uld like to make: a stalCmc:nt . Council Member Nabholz said I guess I just disagreed with some: of the languqc: and we already have a State law in place:. I kind of lake the: question Mike: asked. If you have II on you and you need to draw it. it 1s no longer concealed . I'm a little concerned with some: ofthe verbiage and we have just passed a new State law. so evidently, "''C arc: already Jumping o n the bandwaaon 1f something were to come about. Ma)Or Brad haw !HIid thank you. Council Member Nabholz said )OU arc welcome:. (c) Resoluu n and Motions (1) D1rc:ctor Long presented a rc:co mrnendauon from the Library Dep.irtmc:nt to .idopt .i rc:soluuon approving En lewood Pubhc Library's "Summer Food for Fines" program . Earlier this )Car. he said. the Englc:11,'00d L1brar) Board approved the Library' requc: 110 raise our overdue fine limit. One o f the upulauons the)' II.id 1n ppro, ma that. 11,as that we add a second two week "Food for Fines" penod "'· n of. nut1ga1e the 1ncrc:aw: in fines And .llso. to help act our books bilck on the shelves so more people could use them. When I go1,c: th1 proposal to you on February is•.~ approved the tncrc:ilSC nd }Ou JI ga,e ,11:i 11 .ippro,· I to the .«ond ··food for Fuies" program and thal 1 •hy I am here ton,¥ht. 10 .i,l tor >,>ur formal ilpprov:il of the L1br.ir) '• first "Summer Food for Fuies" prosram. Mr. Lona , cJ ,t there "'ere: .in) quc:i.uons. There ~re none:. • • Englewood City Council May 19, 2003 Page 12 RESOLUTION NO . 46, SERIES OF 2003 A RESOLUTION AUTHORIZING THE ENGLEWOOD PUBLIC LIBRARY TO IMPLEMENT THE SUMMER "FOOD FOR ANES" PROGRAM FROM TUESDAY, MAY 27 THROUGH SUNDAY, JUNE 8, 2003. MAYOR BRADSHAW MOVED, AND IT WAS SECONDEO, TO APPROVE AGENDA ITEM 11 (c) (I) -RESOLUTION NO. 46, SERIES OF 2003. Ayes: Council Members Nabholz. Moore, Garrett. Yurchick, Bradshaw Nays: None Motion carried. Absent: Council Members Wolosyn. Grazulis Mayor Bradshaw thanked Director Long. (ii) Director Gryglewicz presented a recommendation from the Department of Finance and Administrative Services to adopt a resolution approving the transfer of funds from the ServiCcnter Fund to the General Fund . He said this is a resolution transferring $775,000.00 from the ServiCenter Fund retained earnings to lhe General Fund, to help the General Fund keep its fund balance up during chis economic downturn, by increasing its undesignated/unreserved fund balance. I should mention, he said. lhat the cash balance in the ServiCenter Fund, at the end of last year, was $1,654,836.00, which came from charges to the General Fund, and other funds, for services rendered. So they had built up that fund balance over a period of time . During the downturn in the economy, he said, we are just requesting a transfer back to the General Fund . Mayor Bradshaw said this is a one-lime transfer. Director Gryglewicz said yes. Mayor Bradshaw asked if there were any questions. Council Member Yurchick said he had one. So they are billing the City and making a profit? Director Gryglcwicz s.aid no. they arc not really rnaki~g a profit. What they did was they built up some of those funds, for some of lhcir capital and other replacement needs. and right now, there is not a use for it and the General Fund needs arc more imminent, so they are transferring some back . Mayor Bradshaw asked if this is for vehicle purchases . Directo r Gryg lewi cz said it is gene rall y vehicle repair and service. Council Member Yurchick said so they weren 't charging a profit. but they arc including an arbitrary number m there 10 build up for capiral. capital expenditures and whatever they need. Director Gryglewicz said what they tend 10 do is build up their balances for ca pital replacement and, at this ttme. they arc Just goi nl! 10 delay those at the Serv1Center. The rcsoluuon was assigned a number and ~ by 111le : RE OL TION NO . ~7. SE RIES OF :?003 A RESOLUTION APPROVING THE TRANSFER OF FUNDS FROM THE SERVICENTER FUND TO THE GE:"IIERAL FUND . Englewood City Council May 19,2003 Paae13 COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (ii) -RESOLUTION NO. 47, SERIES OF 2003. Mayor Bradshaw asked if there was any more discussion. There was none . Vote results: Motion carried. Ayes : Nays: Absent: Council Members Nabholz, Moore, Garrett, Yurchick, Bradshaw None Council Members Wolosyn, Grazulis (iii) Director Fonda presented a recommendation l'rom the Utilities Dq,anrncnt 10 adopt a resolution approving a sole-source contract with McLemore Pump in the amount of $63,885 .00 for improvements 10 the McLellan deep well pump. The pump out at the Mclellan Reservoir was the first deep well that we consuucted, he wd. II was principally constructed to allow ua to -tour contraclual obligations to Highlands Ranch, during a period of drought. and it has worked during this period . Now ii appears that some of the pressure is off. but we will be drilling one more well in that area for the same purpose ... this being. always having available water. l.t is very imponanl to us, became then it firms up other waters that we lease to Highlands Ranch. and provides ua with a much higher price. The well wu built a number of years ago ... probably about IS years ago, and pumping conditions have chanaecf since then, and through use, we are finding it is drawing more current, than it was originally designed for and we need to rehabilitate it. We went out to look for bidders. he said. and ii is a diff"icull thing 10 find now. because ii is very hard to find someone in the pump business 10 work for you. We were able to get a bid from McLemore Pump, which would have been one of our first choices anyway. They submitted a bid and we reviewed it. then had Phil Martin of Martin and Wood go over it with us and we negotialed with them and removed some of the things that were in the proposal lhal we didn't think were .-uily approprialc. We got them down to a price ofS63.B&S .OO. There may be some change orders. ifsome ofthecondiliona that they were uying to anticipate occur, but we think those will be fairly minor. So, he laid. we would recommend going ahead on the basis of this negolialed fee. Mayor Bradshaw asked if there were questions for Director Fonda. There were none . The resolution was assigned a number and read by title: RESOLUTION NO . 48. SERIES OF 2003 A RESOLUTION APPROVING A SOLE SOURCE BID FROM Mel.EMORE PUMP FOR THE REHABILITATION OF ENGLEWOOD'S Mel.ELLAN DEEP WELL CO NCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (W)-RESOLUTION NO. 41, SERIES OF 2t03. Ayes : Council Members Nabholz. Moore. Garrett. Yurchack. Bradshaw ays : None Absent : Council Members Wolosyn. Grazulas Mouon earned . I:?. Gemral DIKuslioa (a) Mayor' Choice (1) Mayor Bradshaw saad I have a sample proclamabOn for Na11onal Alcohol and Drug dda non Re o,ery month 1n Scpccmber . lf)OU v,ant iLjust SIi" ·-yu" by your-. Thaa ISJUSl Ca!,tcr than da 'u»ang ,t. he said . • Englewood City Council May 19,2003 Page 14 (ii) Mayor Bradshaw said I also wanted to remind you that Design and Build is coming to an end. I had some calls about the blue pipes 111 Hampden and Broadway. I said that wasn't permanent, that was a Design and Build project. I'd like to send a letter to Amy Laugesen thanking her for her involvement in that project. because it is neat to sec the kids and some of the an. Art is in the eyes of the beholder, she said. (iii) Mayor Bradshaw said there is also an Open House coming up for the House of Hope's new children's library and computer room. It is Saturdli.y. May 31•. I just wanted to re 'nd you and there is a special thanks to volunteer Michael Munds who coordinated that project. So lb; /IS really nice and if some of you can attend, I know they would appreciate it. (iv) Mayor Bradshaw asked if anybody ancndcd the Open HouS(;J or the AVS House last Tuesday? Council Member Moore said I did. Mayor Bradshaw said thank you, what did you think'? Mr. Moore said it looked like very nice work. It is a very nice little house and they did a really nice job. (v) Mayor Bradshaw said the South Plane River update memo was in your packet. had dinner with the Mayor of Sheridan. She sent us a copy of the letter saying that she will be at the P & Z meeting tomorrow, to speak on behalf of Sheridan. Basically, Mayor Bradshaw said, they want some modification to the plan. Council Member Yurchick said I saw that. What are the modifications? Or are they just going to surprise us '1 Mayor Bradshaw said she did not llllk to me about that. I think what it is, is when the committee put those little paths. to where a possible bike route would tie in, that agravated some of the buaineu people O'va' tllcre and they don't want any green in their spot, and so those modifications mipt be jllll to eliminate that. That is what I would anticipate. I told her I appreciated her takina the time and I said I was also _.y concerned with the way our staff was treated, and I would hope that they would !IOI do that again. Because, Mayor Bradshaw said. I thought that was extremely rude. (vi) Mayor Bradshaw said you received a memo from the Englewood Environmental Foundation. Inc . about turning on the fountain in the piazza. What is Council's pleasure on that? Council Member Nabholz said 10 go ahead and turn it on. Council Member Yurc hick said he had a question. That doesn't use water, does it? It just re-pumps the same water. City Manager Sears saad there is some evaporation. Council Member Garrett noted there ha ve been tames when someone has vandalized it. There have been a couple of '"detergent incidents ." So they had to take all the water out and redo it. Ma) r Bradshaw saad 1ha1 costs money. I think '"'C probably need an U'IIClc, she said, swina that. yes we are usang 1he fountain, but how efficient 11 1 and the fact that u has a wind pqe. that lowers Ille water. so 11 as enwonmemally friendly. Also. \\'C should note that the Water and Sewer Board unanimously qr-s 10 send 1his o n 10 Council. ( vu) Mayor Brad haw said I JUSI want 10 thank everybody for all their help on the Jubilee II . I thanl 11 "~• really a bag uc~e• . I felt a sense of commun11y that I haven·, felt 1n this Ci1y 1n a Iona ume. It 1; rcall} nace 10 sec !>I) man) people .. 111he Gothic and I passed •Iona a thank you IWJle to Council from the lbbotwn ', .. two )Oung men "'ho dro,e an from "e 1crn Kansas. to be at the Oodiic: Theatre and IO be a Englewood City Counc:11 May 19,2003 Page 15 part of that They were a very active family in Englewood in theatre . The lbbotsons had twelve kids. They were a phenomenally 1alcn1ed group and for these two young men to take time. on a Friday night, 10 come in, that was really something. Mayor Bradshaw said I think that the Citizen of the Century wcm very well . I want to thank staff, Michael in panicular ... Pauletta and GiMy for all their work on that. I think the legacy projects look great. We do have a couple bags of seeds left. I understand. If any of you want Englewood Blooms seeds, those will be available at many activities throughout the summer. Anyway, I think ii was a tremendous success. I can '11hank Council and staff enough. I think we did our City proud with a good birthday cclcbralion, she said. (b) Council Members' Choice (i) Council Member Yurchick: I . He said we talked about the Code Enforcement issue, but we never really came to a consensus that we be included in that discussion. Mayor Bradshaw asked about the specific Code Enforcement issue . Council Member Yurchick said are we enforcing or arc wc enforcing by corr-,laint? Mayor Bradshaw said I thought you were taking that to Code Enforcement. Or, she asked, do you want us to say something first. Member Yurchick said I would like to discuss it at the Study Session while we are meeting with Code Enforcement staff, and the Judge. to discuss their interaction. Mayor Bradshaw said we need to schedule a Study Session sometime in the swnmcr wilh the Juqe 11> thal when it is lime for 'llllary negotiations for his salary. wc don't end up having a lon1 scssion. She Aid he could explain the Coun's process ... what's going on. City Manager Sears said we've talked aboul a date already .. .Junc 231111 • Council Member Yurchick said I know it was scheduled, but I just wanlCd to include dial in the dixuuion and forewarn Code Enforcement. 2 . He said Jubilee IJ was fun. • •••• Ma yo r Bradshaw wondered about the possibility of the Flood Middle School Technology Team goin1 to ACE. She asked Mr. Mebus! what he thought about the kids go1n1 to another commitloe we have. comprised of all business people. Council Member Yurchick, speaking to Mr. Mebust, said ACE is the business commincc. made up of businesses i n Englewood and it mi1ht be good for them to sec Y\>W' pracnlalion. I saw a lol of requau for busi ness involvement and you might want to take it to them. You could call. he said. C,ty Manager Sears advised Mr. Mcbust that Mark Graham is the penon you maght w.,. to talk to aboul se mng that up . Mr. Mebust thanked Council. (11) Council Member Nabholz : Englewood City Council May 19,2003 Page 16 I . She said I want to talk about the Flood Middle School Technology Team being here tonight I think what they had in mind, was a request for financial assistance. If there is J ny available money 10 o utside agencies, even though it may be very small, I would appreciate C ouncil's approval of some funds . They will be going 10 Orlando and they have held a lot of fundraiscrs . l would appreciate that, she said. Mayor Bradshaw asked how much do we have in our fund? Council Member Yurchick said I don't remember off the top of my head. Mayor Bradshaw said I think we have S2,000.00 to use throughout the year. Council Member Yurchick said I thought it was a little more than that, maybe S2.500.00. Mayor Bradshaw said unrestricted funds. Council Member Nabholz asked how much have we used. Mayor Bradshaw, speaking to Mr. Mcbust. asked about their budget . How much you have raised and how much you need? Mr. Mcbust said thank you or your question. We have a budget of approllimaicly SI ,200.00 per Sl\ldent. That covers all transportation and lodging. It also covers conference fees, registration fees and so forth . Throughout the year, we have been raising money and we arc a little bit over half to two-thirds of the way 10 meeting our goals. Mayor Bradshaw said then your total goal is S9,600.00? Mr. Mcbust said I believe the information dclincllling some budact itenw, is on the second pqe of the brochure. Ma)Or Bradshaw said so it is SI 1,600.00. Mr . Mebust said ya. Mr. Mcbust said o n the wa)' down. wc arc going to have an educational itinenry ... we are plulllina to IIDp at the Oklahoma bombing s 11c and pay our rcspecu to that Memorial . We -abo aoilll 10 the Silldl Floor Museum at Dcalcy Plaza in Dallas. Tuas and providing opportunities for thc kids ID lam aboul die world \\C Ii vc in. as II relates to technolo gy and so forth . Mayor Bradshaw said what a nkc tnp for the kids. Council Me mber Yurch 1ck llSkcd 1fthey were dnvm g or fl ying. Mr. Mebuat replied that wc are dnving, because "e felt that some of the d i play and C\'CntS that wc have pUI together, would IIOl fare well on the .11rhncs. so that did rcsmct us to dnving. Mnyor Bradshaw said you wi ll be o n the road from June 19* to July 3 ... Mr. Mebusl said yes. it II an amb1 t1 ous endeavor. M:i)vr Bradsha,.. asked 1f C unctl ha 1111)1 thoughts on this . Do you want to take it under advilCIIICIII and get back to them. or \\hat 1s Council's pleasure? Council Member :-labholz noted the ha,e .i 111ht 11me hnc. ~ince my son is a part of TSA. she Uld. I feel 11 might be inappropn~tc tor me to recommend an~1h1 ng. Englewood City Councll May 19, 2003 Page 17 COUNCIL MEMBER YURCHICK MOVED, AND IT WAS SECONDED, TO GIVE THE FLOOD MIDDLE SCHOOL TECHNOLOGY TEAM $500.00. Ayes : Council Members Nabholz, Moore, Garrett. Yurchick, Bradshaw Nays : None Abscm : Council Member.; Wolosyn, Grazulis Motion carried. Mr. Mebust said on behalf of Flood Middle School and the wonderful kids that we are taking down to the competition, thank you very much for your time and your support. It means a lot to us. Mayor Bradshaw said some of us, as individuals might send you some more. Mr. Mebust said that would be wonderful. Mayor Bradshaw said be good and learn lots. Mr. Mebust said thank you very much . 2 . Council Member Nabholz said on T hJJ sday I talked to Jeff Sanchez about the depot. They are in and out of the depot again. I must say Sergeant Sanchez was very helpful. He immediately spoke to Director Long and Direclur Long sent E-mails back and forth. My E-mail is down once again, she said, but they are taking care of it. They are going to be boarding it up, but as I wu coming tonight, they were crawling out of the depot again . I think it is time for us to get with the community, whether be it at Bishop or wherever. to let them know that the substation will be moving. There is a lot of activity in that neighborhood right now, good, bad or indifferent. 3. She said I would like to say to Ms. Archer that I'm sure staff will take under recommendation your problems. And I had met with you at your business personally, so I encouraae you to let me know if something like this is going on. That is what I'm here for as an elected official, she said. 4 . She said thank you for your time and undcnl&nding and your contributions. Mayor Bradshaw said absolutely. 13 . City Manaaer's Report City Manager Sears did not have any matters to bring before Council. 14 . City Attorney's Report City Attorney Brotzman did not have any matters to bring before Council. 15. Adjoumment DSHA W MOVED TO ADJOURN. The meeting adjourned at 8 :40 p .m. PLEASE PRINT NAME PUBLIC COMMENT ROSTER DATE: June 2, 2003 UNSCHEDULED VISITORS MAY SPEAK FOR A MAXIMUM OF FIVE MINUTES ADDRESS Debbie Lathram 3925 S. Galapago Street Enalewood. CO 80110 S/20/03 City of Englewood Planniq and Zoning Commission Kells Wagner Chairman Dear Planning and Zonina Commission Members: I have thoroughly enjoyed my years workina with each of you and the Slaff on the Planning and Zoning Commission. At this time I am moving OUl of the City of Englewood. which makes me ineligible to remain on the Planninc and Zoning Commission. Thank you for such a wonderful experience. I wish the best for each and everyone one of you. I know each of you have extraordinary visions for the City ofEnalewood. I truly hope that all of OW' visions are realized. The City of Englewood is a wonderful place to live and the city should be honored to have such dedicaled citmns willina to aive of their time for the bettennent oftbe city. Sincerely , COUNOL COMMUNICATION DATE Agenda Item Subject June 2, 2003 10 a i Proposed Amendment to Graffiti Ordinance INfflATEDBY Safetv Services Deoartment I STAFF sou1a Lieutenant lohn Collins COUNCIL GOAL AND PRMOUS COUNOL ACTION City Council adopted Ordinance No. 43 of 1999, which made major revisions to the Enslewood Municipal Code's nuisance ordinance, including comprehensive definitions of graffiti. In February of 2000, City Council adopted Ordinance No. 8, which revised the definition further. RECOMMENDED ACTION The Code Enforcement Advisory Committee recommends that section 7-6E-9 of the City of Englewood Municipal Code pertaining to Graffiti be amended. The committee recommends the inclusion of the word "acid" to this section. BACkGROUND, ANALYSIS, AND ALTERNATIVES IDENTIRED Individuals are now using acid to etch their moniker (pafflti) onto windows of local businesses. causing a significant monetary loss to the victim. After hearlns a report by Serseant Jeff Sanchez and lieutenant John Collins reprding the unlawful use of acid as It relates to the alme of Graffiti, the Code Enforcement Advisory Committee recommended Council conslderalion of an amendment to the Ensfewood Municipal Code to address this concern. FINANCIAL IMPACT , None LIST OF AlTACHMENTS Proposed Bill for an Ordinance BY AUTHORITY ORDINANCE NO. __ _ SERIES OF 2003 -AN ORDINANCE AMENDING TITLE 7, CHAPTER 6E, SECTION 9, OF THE ENGLEWOOD MUNICIPAL CODE 2000, TO INCLUDE ACID. WHEREAS, individuals arc now using acid to etch their graffiti onto windows of local businesses, causing a significant monetary loss to the victim; and WHEREAS, the Code Enforcement Advisory Committee has held meetings and heard statements concerning the unlawful use of acid as it relates to the crime of Graffiti and recommends a change in the Graffiti Ordinance to include acid. NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORAOO, AS FOLLOWS: Section I. The City Council of the City of Englewood, Colorado, hereby authorizes the amendment of Title 7, Chapter 6E, Section 9, to read as follows: 7-6E-9: Poueuioa of Graffiti Materials by Mlaon Prolllbited. It shall be unlawful for a person under eighteen (18) years of age to posscsa an aerosol paint container, broad-tipped marker, paint stick or graffiti stick, ACID OR SIMILAR SUBSTANCE with the intent to usc the implement or material to apply graffiti. Section 2. Safety Clauses, The City Council hereby finds, dctermincs. and declares that this Ordinance is promulgated under the general police power of the City of Enalcwood. that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is ncceuary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 3. Sevcrability, If any clause, sentence, puagraph, or part of this Ordinance or the application thereof to any pcnon or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or it application to other persons or circwnstanccs. Section 4 . Jnconsjstent Qrdjnmcq. All other Ordinances or poctioas thereof inconsistent or conflicting with this Ordinance or any portion hereof arc hereby repealed to the extent of such inconsistency or conflict. ~tion 5. Effect of repeal or modification, The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not relcuc, extiapisb. alter, modify , or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, ' • • which shall have been incurred under such provision, 111d each provision shall be treated 111d held as still mnaining in fon:e for the purpo1e1 of 8U8laining any 111d all proper actions, IUits, proceedings, and prosecutiom for the enforcement of the pemlty, forfeiture, or liability, as well as for the purpose of snsteioiog any judgment. decree, or order which can or may be rendered_ entered, or made in such actiom, IUits, proceedings, or proaecutions. Sectioo 6, &ml1x. The Penalty Provision of Section 1-4-1 EMC shall apply to each 111d every violation of this Ordinance. Attest: lntrocluced, read in full llld passed on tint reading on the 2• day of Juoe, 2003. Publilbed as a Bill for ID Ordinance on tbe ,,. day of Juoe, 2003. Beverly J. Bndsbaw, Mayor Loucrisbia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City ofEqlewood. Colorado. hereby catify 1bat the above 111d foregoing is a true and COlTOC'l copy of a Bill tbr ID Ontinancc, ialroduced, read in full, mid passed OD tint reading OD tbe 2"" day of June, 2003. Loucrishia A. Ellis 2 BY AUTHORITY COUNCIL BILL NO. 37 INTRODUCED BY COUNCII. MEMBER GARRETI' AN ORDINANCE ACCEPTING STORM SEWER EASEMENT AND WATER LINE EASEMENT FROM THE ENGLEWOOD ENVIRONMENTAL FOUNDATION, INC., OWNER'. OF PROPERTY LOCATED A,T SOUTJl'm.ATI ~TREE'f AND ENGLEWOOD PAltKWAV, KNOWN AS THEFORMER~ITY HAq: •. ~ROP.ERTY. WHEREAS, the City of Englewood sold the former City Hall property at 3400 South Elati Street to The Englewood Environmental Foundation, Inc. (EEF}; and WHEREAS, EEF is selling this property to an investment group for consuuction of a medical building; and · WHEREAS, the title company teqbires granti of casement to the City of Englewood for a storm sewer and water line; and . WHEREAS, this area has an CIIIICIDCllt by preicription, not recorded rigbts-of-way, which allows the City to maintain the ditch and µtilitics but docs not allow for improvements; and WHEREAS, the Utilities Department is attempting to acquire formal cascrneots to allow it to make improvements as ncc:cssary; ~ . . . WHEREAS, the Englewood Wau:r and Sewct Boanl, at its May 14 meeting. rccommcndcd that the City accept the storm sewer caaeftlalt mil the water line cuemcnt &om EEF. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section I . The City Council of the City of Engle.wood, Colorado, hereby approves acceptance of the formal casements for a storm sewer and a water line for property at South Elati Street and Englewood Parkway from The Englewood Environmental Foundation, Inc., aaachcd hereto as Exhibits A and B, and incorporated herein by rcfcrcncc. Introduced, read in full, and passed on first reading on the 19* day of May, 2003. Published as a Bill for an Ordinance on the 23~ day of May, 2003 . Read by title and passed on final reading on the 2 .. day of June, 2003. Published by title 81 Ordinance No. ___, Series of 2003, OD the 6" day of June, 2003 .. Beverly J. Bradshaw, Mayor Attest: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Ciak for the City of Englewood. Colorado, bcnby certify that the foregoing ia a true copy of the Ordinance passed on final reading and published by title 81 Ordinance No.__, Series of 2003. Loucrishia A. Ellis After recording return to: H. Michael Miller, Esq. Berenbaum Weinshienlt & Eason, P.C. 370 17'" Street, 4g• Aoor Denver, CO 80202 GRANT OF STORM SEWER EASEMENT THIS GRANT of a stonn sewer e:i.sement (the ''Grant') is made this 28th day of April, 2003, by TIIE ENGLEWOOD E.WIRONMEi'\IT AL FOUNDATION, INC., a Colorado nonprofit corporation. whose address is 1000 Englewood Parkway, Englewood, Color:ido 80110 ("Granter"), in favor of the CITY OF ENGLEWOOD, COLORADO, a Home Rule City existing under :ind the laws of the St:ite of Colorado whose address is 1000 Englewood P:irkway, Englewood, Colorado 80110 (''Grantee"). The panics covenant and agree as follows: l. Easement Propcuv. The ··Easement Property" shall me:m the two (2) fifteen (15) foot wide strips of real property located in the County of Arapahoe, St:ite of Color:ido. more particularly described on E;shjbit A. consisting of two (2) pages. and depicted on fahjbjt B. consisting of one (1) page. both of which E.'\hibits are att:iched hereto and incorporated herein by this reference. 2. Consideratjon. As consideration for this Grant. Grantee has paid Granter the sum of One Dollar (S 1.00) :ind other good and valuable consideration, the receipt of which are hereby acknowledged. 3. Grant of Stgrm Sewer Easement. Granter hereby gr:mts and quit claims to Grantee. its successors and assigns. a perpetual. nonexclusive easement (the "Stonn Sewer Easement") over, under, across and through the E:iscment Property for the purpose of constructing, operating, maintaining, repairing. repl:icing, removing and enlarging the Storm Sewer System (as such terms are hereinafter defined). The term "Storm Sewer System" as used in this Grant shall mean the storm sewer lines and all necessary underground and sutf:ice appurtenances thereto r.ecessary or desirable for the transmission of storm water and other water and sewer run-off. including, but not limited to mains, conduits, vaults, ventilators, electric or other control systems. cables. wires and connections. • l • • • • 4. ~. Grantee shall have the perpetual, nonexclusive right of ingress and egress in. to, over, through and across the Easement Property for any purpose necessary or desirable for the full use and enjoyment of the rights granted to Grantee under this GranL S. Restoration. Subject to the restrictions set forth in Paragraph 6 below, Grantee agrees that in the event the Grantee. in exercising its rights under this Grant removes, damages or destroys any of the Easement Property, Grantee at its expense shall restore the surface of the Easement Property as nearly :is re:isonably possible to the grade and condition it was immediately prior to the entry by Grantee, except :is may be necessary to accommodate the Stonn Sewer System. Grantee further agrees in the event of such entry, subject to the restrictions set forth in P:iragraph 6 below, to restore and repair any improvements of Grantor on the Easement Property which are damaged by Grantee. 6. No Improvements. Grantor covenants and agrees not to construct. erect. place or plan any .. Improvements" as hereinafter defined. on the E:isement Property without obtaining the prior written consent of Grantee. ..Improvements~ as used herein shall me:u, any structure. building, planting, crees or shrubbery other than a lawn. but shall not include pavement, curb, gutter and wheel stops used for surface parking: Grantor is expressly authorized to pave over the Easement Property and install curb. gutter, and wheel .;tops in connection with the use of Grantor's property f~r surface parking. Grantee shall h.ive the right to remove, without any liability to Gr:mtor, any Improvements constructed. erected. placed or planted on the Easement Property without Grantee having obtained the prior written consent of Gr:unor. 7. Subjgc;nt and I,ater;II Support. Grantor covenants and ;igrees thai the Grantee shall ha,·e the right of subjncent .ind later:i.1 suppon on the E:isement Property to whatever extent is necessary or desirable for the full , complete and undisturbed use and enjoyment of the ri&hts granted to Grantee under this Grant. S. Rights of Qootor. Grantor reserves the full ri&ht to the undisturbed ownership. use and occupancy of the E:isement Property. includin1 the right to pave and use the E.asement Property for surface parking, and install curb. gutter and wheel stops in connection therewith, insofar as said ownership , use. and occupancy is consistent with and does not impair the rights granted to Grantee in this Grant. 9. Covenant Runnjng with 1be L1n¢ Bjndjng EffecL This Grant shall e.,rend to and be bi nding upon the he irs . personal representati ves, successors and assigns of the rapective pan ics hereto . The terms , covenants. agreements and conditions in this Grant shAIJ be construed as covenan ts runn ing with the land. . 2 . IN WITNESS WHEREOF, die putia have cxecwed mis Gram a of die dam ffm wri1rea above. GRANTOR: THE ENGLEWOOD ENVIRONMENTAL FOUNDATION, INC, • Colorado a10Dplufit corporadon --- GRANTEE: CITY OF ENGLEWOOD, COLORADO ·~ By: G~A J Manqer of Administration Eqlewood Utilities Depanmem .3. STATE OF COLORADO COUNTY OF ARAPAHOE ) ) ss: ) The foreaom, iDsaumem was acknowledpd before me dm ls-day of April, 2003, by Riclc Kabm. u Presidem of Tbe Enpewood Enviroamema1 Foaadanon. IDc., a Colorado nonprofit corporation. W"u:aess my band and offlcia1 seal. My c:ommiuioa expires:_-tf/...1c.J .. f"""--':0"'-7"-------------, ST A TE OF COLORADO COUNTY OF ARAPAHOE ) ) ss: ) The forqoiq imtrumem wu acknowledpd before me dm 2r day of April, 2003, by John Boele as Manqer of Administration, Enpewood Utilities OepanmeDl of me City of Englewood, Colorado a Home Rule City. Wimess my band and official seal. My commission e:qim:. __ £/~~ J;E;.£"'---'· ,;,,""· 1.,__ __________ _ _ ,_ ) • 15 FOOT WIDE STORM SEWER EASEMENTS LEGAL DESCRIPTION PARCEL A: A PARCEL OF ~'\ID SITUATED IN THE SOUTHWEST ONE-QUARTER OF SECTION 34, TOWNSHIP 4 SOUTH. RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE. STATE OF COLORADO, MORE P ARTICUI.ARL Y DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST COR.'i"ER. OF LOT l, BLOCK 2. CITY HALL SUBDMSION; THENCE N89°S0'22"W Al.ONG NORTHER!. Y LINE OF SAID LOT I, A DISTA.'iCE OF 30 .97 FEET TO THE POINT OF BEGINNING; THENCE S47°33'06c. A DIST.-\.'lCE OF 36.59 rcET TO A POINT OF Cl.J"R VATUR.E; rrlE~CE 15 .17 FEET ALONG THE ARC OF A Cl:"RVE TO THE RIGHT HA YING A RADll.:S OF 45 .00 FEET, A CBiTRAL . .\.'\,lGLE OF 19°:4'19'", AND WHOSE CHORD BEARS S33°S4'~·w A DIST . .\.'iCE OF IS.Ii FEET; THE~CE N47°33'06"W, A DIST . .\.'\ICE OF 55 .33 FEET TO A POINT ON SAID :SORTHERL Y LINE OF LOT I; THE-:-,SCE S89°50'22''E ALONG SAID NORTHER!. y LINE. A DIST.-\.'\,lCE OF 12.29 FEET TO THE POINT OF BEGINNING. PARCEL A CONTAINS 696 SQUARE FEET (0.02 ACRES) MORE OR LESS. PARCEL B: A P . .\RCEL Of LA.'\ID SITI.iATED IN THE SOl"THWEST ONE-Ql" . .\RTER OF SECTION 34, TOWNSHIP 4 SOUTH. R.-\.'\,lGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY Of ENGLEWOOD , COUNTY Of ARAPAHOE. STATE OF COLOR.~O. MORE PARTICULAR!. Y DESCRIBED AS FOLLOWS : CO~IME:'iCING AT THE NORTHEAST COR.'lER OF LOT 1, BLOCK 2, CITY HALL Sl 'BDIV1SION; THF.llCE '.'l89°S0'22"W . .\LONG NORTHElU. Y LINE OF SAID LOT I A DISTANCE OF 65 .16 FEET TO THE POINT OF BEGINNING; THE'.'lCE Sl5°Sl '26"W, A DIST .. ~'ICE Of 59.59 FEET TO A POINT ON THE NORTHER.LY RlGHT-OF-WAY LINE Of ENGLEWOOD PARKWAY; THE-:-,SCE NS9°50'22"W ALONG SAID '.'lORTHER.L Y RIGHT-OF-WAY LINE. A DISTANCE Of 15.38 FEET; THE)[CE '.'ll 5,5 l '26c. A OIST.-\.'iCE OF 59 .59 FEET TO A POn--i ON THE :-iORTHER.L Y LINE OF SAID LOT I; THE;IICE SS9°50'22'"E Al.ONG SAID :,.SOR.HTER.1. y LINE OF LOT I, A OIST . .\."llCE OF 15.58 FEET TO THE POINT OF BEG~'NlNG; PARCEL B CONT A.INS 894 SQl2ARE FEET (0.Q2 ACRES) '.ldORE OR LESS. THE BASIS Of BEARINGS IS nm NORTH LINE OF SAID LOT 1, BLOCK 2, CrI'Y HALL SUBDIVISION, BEING NB!rS0'22"W. THE NW CORNER OF LOT 1 IS A PIN & CAP PLS #28291, AND nm NE CORNER IS A PIN A CAP LS #28647. Prepared by: 11:LUSTRA TION FOR PARCELA&B PAGE 1 OF 1 N 1s·s1·2s· E 59 .59' \_s 1s·s1·25· w 59.59' N 89.50'22" W 1s .sa· ::~RC::!.. A CONTAINS 696 SO.FT. (0 .02 ACRES) F.:.RC::L 8 CONTAINS 894 SO.FT . (0.02 ACRES) -;..,15 :::<H l 81T DOES NOT REPRESENT A MONUMENTEO SURV~. IT IS INTENDED ONI.Y TO DE?1CT THE ~ iiAC,.,ED DESCRIPTION. STORM SEWER EASE~ENT PARCEL P.O.C. NE CORNER LOT 1 BLOCK 2 CliY HALL SUBOMSIC ENGLEWOOD PARKWAY S 47'.3.3'06" :: .36.59' R•45.00' L•t 5.17' .l•19"24'19" ca •S.3YS4' 4-0 .. N CL•15.17' After recording rerum co: H. Michael Miller, Esq. Berenbaum Weinshienk & E:ison, P.C. 370 l 7'* Street, 48"' Aoor Denver, CO 80202 GRANT OF WATER LINE EASEMENT nns GRANT of a water line easement (the "Gran[") is made this 28th day of April. 2003, by THE ENGll-WOOD ENVIRONMENT AL FOUNDATION, INC., a Color:ido nonprofit corporation, whose address is 1000 Englewood Parkway, Englewood. Colorado 80110 ("Grantor"), in favor of the CITY OF ENGLEWOOD. COLORADO. a Home Rule City existing under and the laws of the State of Colorado whose address is 1000 Englewood P:irkway, Englewood. Colorado 80110 t"Grantee"'). The parties covenant and agree as follows: l. Easement Propertv. The "Easement Property-shall mean the fifteen (15) foot wide strip of real property located in the County of Arapahoe. State of Colorado, more purticul:irly described on E;shjbit A. consisting of one ( l) page. and depicted on E.1hjbit B. consisting of one()) page, both of which E.,hibits are att:iched hereto and incorporated herein by this reference . ..., Consider.11ion. As consideration for this Gr.mt. Grantee has paid Grantor the sum of One Doll:ir (S 1.00) and other good and valuable consideration. the receipt of which are hereby acknowledged. 3. Grant of Wq1er Llne Eqsement. Grantor hereby grants and quit claims to Grantee. its successors and assigns, a perpetual. nonexclusive easement (the ··war.er Line Easement") over, under, across and through the Easement Property for the purpose of constructing, operating, maintaining, repairing, replacing. removing and enlarging the Lines and Appurtenances (as such tenns :ire hereinafter defined). The tenn ·'Lines and Appunenances" as used in this Grant shall mean one or more water pipelines and all necessary underground and surface appurtenances thereto necess:iry or desirable for the transmission of water. including, but not limited to mains, conduits. vaults, ventilators. electric or other control systems. cables. wires and connections. -• l • 4. ~. Grantee shall have the perpetual, nonexclusive right of ingress and egress in. to, over, through and across the Easement Propeny for any purpose necessary or desirable for the full use and enjoyment of the rights granted to Grantee under this Grant. S. Restorp1jon. Subject to the restrictions set forth in Paragraph 6 below, Grantee agrees that in the event the Grantee. in exercising its righ ts under this Grant removes, damages or destroys any of the Easement Property, Grantee at its expc:ise shall restore the swface of the Easement Property :is ne:irly as reasonably possible to the grade and condition it was immediately prior to the entry by Grantee. except as may be necessary to accommodate the Lines and Appurtenances. Grantee further agrees in the event of such entry, subject to the resaictions set forth in Paragraph 6 below, to restore and repair any improvements of Grantor on the Easement Property which are damaged by Grantee. 6. No Improvements . Grantor covenants and agrees not to construct. erect. place or plan any ''Improvements" as hereinafter defined, on the Easement Property without obtaining the prior written consent of Grantee. "Improvements'' as used herein shall mean any structure, building. planting. trees or shrubbery other than a lawn, but shall not include pavement, curbs. gutters and wheel stops. used for surface puking: Grantor is e:tpress authorized to pave over the Easement Property and install curb. gutter, and wheel stops in connection with the use of GrJ11tor's property for surface parking. Grantee shall have the right to remove, without any liability to Grantor. any Improvements constructed. erected. placed or planted on the Easement Property without Grantee having obtained the prior written consent of Grantor. 7. Subjacent md Latc@l Support. Gr:intor covenants and :igrees that the Grantee shall have the right of subjacent and lateral suppon on the Easement Property to wharever extent is necessary or desir:ible for the full. complete and undisturbed use and enjoyment of the rights granted to Grantee under this Grant. 8. Rights of Grantor. Grmtor reser"es the full right to the undisturbed ownership, use and occupancy of the Easement Property. including the right to pave and use the Easement Property for surface parking. and install curb. gutter. and wheel stops in connection therewith\ insofar as s:iid ownership. use, and occupancy is consistent with and does not impair the rights granted to Grantee in this Grant. 9. Covenant Running wjth the Lan¢ Bjnding Effect. This Grant shall extend to and be binding upon the heirs. personal representatives. successors and assigns of the respective parties hereto . The terms, covenants. agreements and conditions in this Grant shall be construed as covenants running with the land. IN WITNESS WHEREOF. die panies have execulled Ibis Grant II of die da first wrian GRANTOR: 'IBE ENGLEWOOD ENVIRONMENTAL FOUNDATION, INC. a Colcndo nonprofit corpcna:ion Br-r2LLZ -Riclt Kabm, President ClTY OF ENGLEWOOD, COLORADO a Home Rule Ciry By. 11 Ck....<'. -3- Jotin,Bock. ~ of Administration Enpwood tiliries Depanment STATE· OF COLORADO COUNTY OF ARAPAHOE ) ) sa: ) The foregoing instrument wu aclcnowledpd befote me this 2&-day of April. 2003, by Rick Kahm, as .Pmident of The Englewood Environmental Foundation. Inc., a Colorado nonprofit corporation. Wimesa my hand and official seal. My commission expires:. _ _,.f_-.... ,..1 .... f;...__-. .... J ... 1 _____________ __ STATE OF COLORADO COUNTY OF ARAPAHOE ) ) ss: ) Notary V lie;! The foregoing insaument wu :1elcnowledged before me this 2s-day of April, 2003, by John Bock ~ Manager of Administrution, Englewood Utilities Department of the City o( Englewood. Color:ido a Home Rule City. Wimess my hand and official se:11. My commission expires:. __ 4 ........ ~ J=....f1..· ... •J'(....._ ____________ _ ) 15 FOOT WIDE WADB I,\SEMENT LEGAL DESCR.IPTION A PARCEL OF LAND SITUATED IN THE SOUTHWEST ONE-QUARTER OF SECTION 34, TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRlNCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE. STATE OF COLORADO, MORE PAR.TICULARL Y DESCJUJ3ED AS FOLLOWS: COMMENCING AT THE NORTHWEST COR..'IER OF LOT 1, BLOCK 2, CITY HALL SUBDIVISION; THENCE S89"50'22"E ALONG THE NORTHERLY LINE OF SAID LOT l, A DIST k"ICE OF 56. 10 FEET TO THE POINT OF BEGINNING; lHENCE CONTINliING S89"S0'22"E, A DIST.~NCE OF 15.00 FEET; THENCE S00°00'52"E, A DISTANCE OF 5i.37 FEET TO A POINT ON THE SOt'THER.L Y LINE OF SAID LOT l, BLOCK 2; THENCE N89°S0':?2"W ALONG SAID SOUTHER!. Y LINE, A DISTANCE OF 9.55 FEET TO A POINT OF CURVA TUltE; 1HENCE 5.46 FEET ALONG THE ARC OF A CL"R.VE TO THE RlGHT HA YING A RADrt;S OF 47 .00 FEET. A CE~TR.AL A.'liGLE OF 06'39.21", .~~"D WHOSE CHORD BEARS N86°30'30'"W, A DISTAi.'lCE OF S.J6 FEET; THelCE N00°00'S2"W, A DISTA..'iCE OF Si.OS FEET TO THE POINT OF BEGINNING. PARCEL C0 1'4'TA1NS S60 SQt:ARE FEET (O.o2 ACRES) MORE OR. LESS. THE BAS IS OF BEARINGS IS THE NORTH LINE OF SAID LOT l, BLOCK 2, CITY HALL SUBDlVISION, BEING ~89°SO'U"W. THE ;1,t'\V COR.'IIIER OF LOT l IS A PIN & CAP PLS :F28291, .4.ND THE NE COR.~"Ell IS A PIN .t C.~ LS #28647. Prepared by: Roben 8. Taylor, PLS For and on behalf of'R&R Enpieers-Sur:eyors. Inc. 1190 S. Color:ido Blvd., Annex Blda. Denver, CO 80246 P.O.C. ILLUSTRATION FOR PARCEL .PAGE 1 OF1 LOT 1 BLOCK 1 GIRARD PLACE · SUBDIVISION / I ------- NW CORNER LOT 1 BLOCK 2 \ CITY HALL SUBOMSION / WEST GIRARD AVENUE ,,,. S 89'50 '22" E \ SOU TH E:_~TI STREET P.0.8. ..... R•47.00' L•5.46 ' .l•06' 39·21 "-' C9 •N86'30 '30"w CL•5.46' PA~·:~L CONT~IN S 860 SO .Fi. (0.02 ACRES) i1-!1S EXH IBIT OC ES NOT REPRESENT A WONUMENTE:) 5Ui.VEY . IT IS INTENDED ONLY TO DEPICT THE .i., ~C HEJ DES CRIPTION . 15 .00' LOT 1 BLOCK 2 CITY HALL SUBDIVISION N 89'50'22" W g_55 · C:NGLEWOOD PARKWAY BY AUTHORITY COUNCIL BILL NO. 38 INTRODUCED BY COUNCIL MEMBER GARRETI' AN ORDINANCE APPROVING A TEMPORARY CONSTRUCTION EASEMENT AND LICENSE AGREEMENT BETWEEN MICHAEL DRYER, OF 4901 S. LIPAN DR., AND 'THE CITY OF ENGLEWOOD, TO INSTALL AND MAINTAIN AN ASPHALT DRIVEWAY ACROSS 1llE CITY'S EASEMENT ALONG 1llE CITY DITCH. WHEREAS, Mic:bacl Dryer lives at 4901 South Lip111 Dr. but has a garage requiring access across the City Ditch easement; and WHEREAS, Mr. Dryer requests a license aar-t to install ID uphalt driveway 11a011 the City's easement along the City Ditch; and WHEREAS, Mr. Dryer would uswne full and strict liability for IDY and all damaaes of every nature to penon or property caused by inatallation ofthia driveway; and WHEREAS, the City of Englewood would maintain ill eucment and ill right to install, repair, or relocate the City Ditch at any time deaned neceuuy; and WHEREAS, the Enpwood Water and Sewer Board approved tbe Liceue Ap,ement Id their May 14, 2003 meetiq. NOW, lllEREFORE, BE IT ORDAINED BY 1llE CITY COUNCIL OF 111E CITY OF ENGLEWOOD, COLORADO, mAT: Sectiop 1, The City Council ~f tbe City of Enpwood. Colorado, hereby approves granting Mic:bacl Dryer a a Temporary Comtructioa Euement and a Liceme A........-to Cl'OII the City's cuemcnt along tbe City Ditch to inltall III uphalt driveway to permit bim 1CCe11 to hil garage . Segioq 2, The Mayor and City Clerk me audlorized to lip and altelt the Temporary Construction Easement and Licenle Aar-t for and oa behalf of the City of Enpwood, copies of which Agreements me attached bClreto u Exhibill A and B. Introduced, read in full, and passed oo first readina oo the 1,6 day of May, 2003. Published u a Bill for an Ordinance oa the 23,. day of May, 2003. Read by title and passed on final readiaa oa the 2• day ol J-. 2003 . Published by title u Ordinance No. __, Series of 2003, on the (/A day of 1-. 2003. Beverly J Bndmaw, Mayor Attest: Loucrisbia A. Ellis, City Clerk I, Loucrilbia A. E1lil, City C1erlt b lbe City of Enpwood, Colondo, benby c:stify lbat the above and foregoina ii a true copy of a Bill tor • Ordinance, iDlroduced, read iD full, and paued on tint reading on the 19* day of May, 2003. Loucrilbia A. Ellis LICENSE AGREEMENT THIS LICENSE AGREEMENT, make and entered into as of the 2nd day of June • 20 03 by md between the CITY ENGLEWOOD, a municipal corporation of Colorado, hereinafter referred to as "CITY," and ___ _ Michael Dryer herein referred to as "Licensee." WITNESSETH: The City without any warranty of its title or interest whatsoever, hereby authorizes Liccnscc, its succcsaor, assigns. to install a----------- aspha 1 t driveway/pad over the City's rights-of-way for the City Ditch described as a parcel of land situated in: l. Plot 1, Whitaker Subdivision, Section 9, Township 5, Range 68 West of 6th pm, County of Arapahoe, State of Colorado Any construction contanplalcd or performed under this Licemc shall comply with and conform to standards formulated by the Director of Utilities of the City and such constnlction shall be performed and completed according to the plans approved by the City. 2. The Liccnscc shall notify the City's Director ofUtilitics at lcaat three (3) days prior to the time of commencement of the conatruction of or my repain made to Licensee's water line so that the City may, in its discretion, inspect such operations. 3. 4 . Within thirty (30) days &om the date of the commencement of construction of said asphalt pad/drjyew,y • Licensee st,all complete such construction, place and maintain permanent visible markers of . type and at such locations as designated by the City's Director of Utilities refe rring to the centerline of the installation and shall clear the crossing areas of all construction debris and restore the area to its previous condition as near as may be reasonable. In the event the placina of the centerline marten and the clearing and restoration of the crosaina area is not completed with the time specified, the City may complete the work at the sole expense of the licensee. The City shall have the riaht to maintain, imlall, repair, remove or relocate the City Ditch or any other of its facilities or installatioaa within lbe City's ript-of- I .. A t • • way at any time and in such manner as the City deems necessary or convenient The City reserves the exclusive right to control all easements and installations. S. The stipulations and conditions of this License shall be incorporated into contract specifications if the construction herein authorized is to be done a contract basis. 6. 7. The rights and privileges granted in this License shall be subject to prior agreement, licenses and/or grants, recorded or unrecorded and it shall be the Licensee's sole responsibility to determine the existence of said documents or conflicting uses or installations. The Licensee shall contact and fully cooperate with the City's personnel and the construction shall be completed without interference with any lawful, usual or ordinary flow of water through the City Ditch. Licensee shall assume all risks incident to the possible presence of such water, or of storm waters, or of surface waters in the City Ditch. 8. All trenches or holes within the City's right-of-way shall be backfilled and tamped to the original ground line in layers not to exceed six (6) inches loose measure to a compaction of ninety percent (9()0/e) Standard Proctor Maximum Density. 9. Licensee shall indemnify and save harmless the City, its officers and employees, against any and all claims, damages, actins or causes of action and expenses to which it or they may be subjected by reason of said water line being within and across and under the premises of the City or by reaion of any work done or by omission made by Licensee, its agents or employees in connection with the construction, replacement, maintenance or repair of said installation. Licensee, 10. for a period of one ( 1) year beginning on June 2 • 2003 warrants to the City that the water line will be &ee from defects in materials and will be free from defects in the installation of the water line into the City Ditch right-of-way. It is expressly agreed that in case of Licensee's breach of any of the within promises, the City may, at its option, have specific performance thereof, or sue for damages resulting from such breach . 11 . Upon abandonment of any right or privilege herein granted, the right of Licensee to that extent shall tenninat~. but its obligation to indemnify and save harmless the City, its officers and employees, shall not terminate in any event t -:.. ,• • • In granting lbe above 1UtbDriza1ion. tbD City~ tho rigbt 10 make t\dl uae oftbe property involved II may be nec_.y or convenient in tho openaion oftbe Wllmr worb plant and l)'ltelll under CODln>l oftbo City. IN wrrNBSS WHBRBOP thil illltrameat bu been aecullld • oftbe day and year fint above written. CITY OF ENGLBWOOD Tbeuadeni.-,cloOicerof _____________ bllnadtlle fore&oml IJceme 1111d ...... fbr al CID bebalf'ofllid ~--------------------dlllttwill accept 1111d will abide by all Ibo --... caaditialll ... UCENSEB: "?£) '<:'.-'.~#.Jff,y . :·-· ~--------- ·'·> .. :· ~~1~:_. ----------"r r.,::-...- Addrcsa:_4901 S. Liplll Dr .. ___ _ Notary: ~:t&~< My~ .._a!! apaea: 7/~ ,~'t _ Enpwood. CO 80110. __ _ Phone: __ 303-761-7191, ____ _ • • CONSTRUCTION~"5EMENT This Tempor:iry Constn1ction Easement (tbe Temporary Easement) is entered imo this lmfday of June . 2003 by :ind benveen tbe City ofEnafewood. Colorado, a municipal corporation of the scue of Colorado, actin& by the tbroup ics W '111:r :md Sewer Board (Grmtor) and Mi chae 1 P. Dryer _______________ (Gnmee). WHEREAS, The City of Englewood owns a right-.>f-way for tbe City Ditch. a c3lrie:- ditch (City Ditch ROW) which is loc:lled as described on E."tbibit A. 'wliER.EAS. Michael Dryer desires :o ~nst:1.11 a ____ _ __.,:4:.:;Su::P.:.!:ha~lu,t~d~r.Ji.1.V:iJewi!llau.v,1,a{D~al,llld..__ _________ withm :t11: City Ditch ROW pursu:int :o a license between :he ?ames. NOW. THEREFORE. [n .;onside:-:ition of die :nurual coven:intS llfthe oarties. more particularly be:-einafter ,et :onh. the Jdeq~c:: :ir.c ;ufficie:icy of wbicll ~ !ie:-:by acknowledged. it is lgree<i JS :allows: I. T,;mporary C9nsrrJction ElSemc;JL En1lewood <• Gnmmr) hereby p:um to Michael Peyer (as Gt31ltee), i11 succasors. mip. concr:ic:ors. llld ;ub.,;ontr:ac:ors, a oon~c!usive :emporary consuuction e:ise:ne:u through. ove:-, under JOd x:oss die Citv Dirch ROW for die installation ofl aspha 1 t driveway/pad • -------,-...,,.....------------pursu:mt :o a license J~ment ( the Project). 2. Irnn of E;1Sement. The Projec: will begin no 500ner tb:111 June 2 . and will be completed no later than Ju) y z . Cooiplet:ion of:he Projec: will be deemed to have llCcWTed upon inspec:ion :md 3PP">val of die P:oject by Gr:intor Jnd this T empor:iry ~e:1t will be deemed to bave tmminared upon such .;ompletion . 3. ~-GrJntee ;11311 have the tempor:iry non~"tclusive riaht :o enter die City Ditch RO\V for .111y r=sonablc purpose :secessa,y or prwiem for die construction 1Jf :be Project subject to the followiq restrictions: I) ftOfflW working hours ih:ill be consistent with COOT coasrruction bows. Monday through Fndly llld :) the opcr.uion of equipment -1 bc:avy uucb will be permitted on the :nglewood City Ditcb ROW only durinl DOrmal workiq hours. • t .. • • • 4. R;stqryjon. Upon completion ofdle Project. Qramee will perform such resronmon :md regrading • • :: necessary or prudem m ramre me surface area of the Cicy Ditch ROW t0 ics origiml CODditiaa. 5. Ipdpjfigrion. Grmtee, to the mem permined by die laws and constitution of the Swe of Colorado, hereby qrees m be liable md bold blrmless me Cicy of Englewood, ia employees, mmms. aad pests liom my and all claims, c:wses of action, and lilbilicy wbicb may occur u a result of the neg.lipt or wrongtul ac:s of Qnmee ill the C(,IISUIICtion of me Project, including the cost of defendin1 apinsE such claims. 6. l.illillir!· Grmtee hereby acknowledges tblt it undemaDds mat mere is water flow in the City Ditch &om April 1 iO ~ovember 1 of e:1eh ye:ar and dw it will asswne liability for any damap ro adjoining ;,roperty caused by warer flow resulting from damage to the City OitQ c:iused by the Gruotee"s consa-uction .ic:ivirics. 7. Inswj1nce. Gr:mtee shall maintain in :ull :ore: md dee: :1 valid policy of insunnc: for :he: P:ujet: in the Jmou::t of 56')0.000.00 property cove:"311 anci S600.000 .00 liability .:ove:-:ige. Gr:inte: :\utllc-~ tbat 311 itS employe:s, contr:ic:ors md sub-.:ontr:1Ct0rs won:ing on :he ?:'ojec: sull be i:overed by adequate Workers Ci>mpensation iDsuranc:. 8. A,ujgnmen,. This T=P'>r:vy Conmuc:ion E»e:neDt is mipl&ble only with the written p.:mussion oi Enaiewood. wbicli jlCtDissioll will DOC unr::ison:ibly withheld. i:onditioned or delayed. IN WID"ESS WHEREOF. the ;,ames oer= ha\"e :.-tec:'.ned tbis :mnporary constrUC:ion E3Scme:tt o>n :he J:ue 311d Jay nm ·Nritten above. In granting the above autborization. the City l'OISWI tbo rip& to make tbll 111e of the propa:ty involved u may be nee~ 111 "J or coavenieat in tbo opcntioll of tbe wam works plant and aystem under c:onlzol oftbe City. IN WITNESS WHEREOF tbia inmummt bu been executed• oftbo clay and )'ell' first above written. crrY OF ENGLEWOOD By: ____________ _ Stewart H. Fonda Director of Utilili• City of l!naJewood The undeniped oflicerof _______________ llM re.t tbo forepna Liceme and ..... for. Oil belll1f of aid --------~-------------dlll~wiD ICCcpl and will abide by all tbo ---~ lllll'ec>£ •• .:·,:~;~:.:: / ~ ,&- ·· : .. ~~~ ·; :·.:·-~-.---------- ·,,_~-·····1~-- r.r r..~-.... ------------ Addrea:_4901 S. Lipln Dr. ___ _ __ Enprwood. CO I0) 10. __ _ Phone : __ 303-761-7191 ____ _ ~ ~~ lf:-&< Myc=•apna: zl~ l•'t BY AUTHORITY COUNCIL BILL NO. 39 INTRODUCED BY COUNCIL MEMBER GARRETT AN ORDINANCE APPROVING A LICENSE AGREEMENT FOR CROSSING THE CITY DITCH WITH A GATE AT 3594 S. BANNOCK STREET TO DEFINE THE LIMITS OF PROPERTY OWNERS' MAINTENANCE RESPONSIBILITY, FOR IMPROVED APPEARANCE, AND FOR SAFETY CONCERNS. WHEREAS, Colleen Burke. of 3594 S. a.-,ck Street. lUbmiaed a Uccmc Apeemcllt for crossing tbc City Ditch with a plC to define tbc limill ofbcr mai,nnencc rapoasibility al the City Ditch. to improve the appeanmcc. wl for safecy conc:crm; and WHEREAS. the City of Enpwood would mainlain the me of a__. and tbc ript to install, repair, remove or reloc:atc the City Ditch al any time deemed MC y; and WHEREAS. the Licemee expresaly assumes full and strict liallilily for •Y and all damages 10 person or property caused by any worlr. performed in intlallilll die pac; and WHEREAS, the Englewood Water and Sewer Board *141P11 n:led Council approval of the License Apeement allowing property owner Burke to build a pre ICftlll tbc City Ditcb al their May 14, 2003 mcctiq. NOW, THEREFORE. BE IT ORDAINED BY ntE CITY COUNCIL OF THE CITY OF ENGLEWOOD. COLORADO, THAT: ScsJioD 1. 'Ille City Council oftbc City ofEnalewood, Cokndo. hereby appnMI die License Apeemenl aUowiaa property owners 11 )594 s. 8-,ck S... IO illllall a pll aaou City Ditch with tbc City remvinl the ript to make full UN ofdll pnplltY ~ ia die operation of the City Diu:b. a copy of said Uc:emc Apeelllmll ii ...... ...,. Euibil A. Sec;tiog 2, 'Ille Director ofUtilitias and C11airmm ofdio W_, ad S.W Bon ae authorized to sign said Licelllc ApeemeDt for and oa bebalfofdle City ofEapwood. Introduced, read in full, and pused on fint readina oa dio , ,. day of May, 2003 . Published as a Bill for an Ordinance on dio 23• day of May, 2003. Read by title and paued on final readina oa die 2"" day of J.a. 2003. • • Published by tide as Ordinance No.__, Scrica of 2003, on the 6* day of June, 2003 . Attest: Beverly J. Bradshaw, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for tbc City ofEqlcwood, hereby certify that the foregoing is a true copy of the Onlinancc puacd on final readina and published by tide as Ordinance No .___, Scrica of 2003. Loucrishia A. Ellis CITY DJTCH FENCE CROSSING LICENSE AGREEMENT THIS AGREEMENT, made and enrered into as oftbis /• day of Jla:;-, 2003, by and between the CITY OF ENGLEWOOD, a municipal corporation oftbe Swe of Colorado, herein referred to ali "Englewood", and Pauick R. Burke and Colleen Burke, owners of Lou 26 and 27, Blodk 6, Skerritt's Addition, Third Filing, Arapahoe Couniy, Stare of Colorado. whose address is 3S94 S. Bannock Street, Englewood, Colorado 80110,herein referred to as "Licensee". WHEREAS. En,ilewood. without .ny warranty of its tide or inrerest wtwsoever, hereby approves a fence dllll is planned for cons r .tion over the Ciiy·s right-of-way for the City Dircb, described on attached Exhibit A. consisting of one (I) page. and made a pan hereof by reference (licensee to provide Exhibit A drawing], mder the following terms and conditions: I. Englewood shall have the right to maintain, install, repair. remove or relocate the Ciiy ditch or any other of its facilities or installations within Englewood's rigbt- of-way at any time and in such 1JU111Der as the City deans necessary or convenient. Englewood reserves the exclusive ripe to c:oauol all ear:rean and installalions. In the event the fence should imerfere with any flllure uae of Englewood's right-of-way by lhe City, Licemee sbaU. upoa request and at its sole expense. relocate. re:anange. or remove its fence so as not to interfere with any such use . 2. any repair or replacement of any Eqlewood inaallatioas made necessary, in tbe opinion of Englewood's Director of Utilities because oftbe coasauctioa oftbe tencc or other appunenant installation thereof. sball be made at the sole expense of licens«. 3. The riiihts and privileses granted in this License shall be subject to prior agreements, licenses and/or v,mts, recorded or unrecorded. and it shall be tbe Licensee· s sole responsibility to determine die cxisreoce of said documents or contlictin,i uses or installations . 4. Liccnsec :issumes all responsibility of maintenanee of tbe fence. S. It is .:xprcssly apeed thlal in cue ofLiceasee's brach ofan oftbe widlin promises. Englewood may. at its opcioa. have s,ecific perfanmDce tbenof. or suc tor d:mmgCj resultin1 from such brexh. 6. Upon abandonment of any ript or privilqe herein pllll&d. die ript of Licemn to that .:xtent shall terminate . • t • " • • 7. 1n pamiDa die above llllbarizalioa, Eqlewood racrves Iba ripe co 1111b fbl1 Ille or Iba property iavolved. may be aecnay or coavenilat ia .. operllion or Iba ...... llld irripliae ditch 111d IYllml UDdar Iba COOIIOl of Iba City. IN WITNESS WHEREOF, dlil illllrUmlDC 1181 bea aec:ulld • or Iba clay 111d yea-finl above written. LICENSOR CITY OF ENGLEWOOD APPROVED: CITY )F ENGLEWOOD actin111hroup and by ill W.ucr and Sewer 8-d By _____ ....,. ___ _ CllainDaa Englewood City Ditch [South Bannock Street] --....-··---· ,,.---·· \ --. Jefferaon Ave . ....... _.._ -Tu 9¢tl U.. -~ ... 1:400 • ........... .., ....... BY AUTHORITY COUNCll. BILL NO. 41 INTRODUCED BY COUNCIL MEMBER GARRETT AN ORDINANCE APPROVING A GRANT OF CONSTRUCTION EASEMENT AND AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF Ll1TLETON, COLORADO, AND THE CITY OF ENGLEWOOD, COLORADO, CONCERNING WATER DRAINAGE EASEMENT FOR THE HIGHLINE CANAL AND TRAIL CROSSING AT COUNTY LINE ROAD. WHEREAS, Littleton desires to C0111UUC1 a hike/bib trail that will cross UDdemeadl County Line Road !bat will coociaue OD lbe Hipline Canal Tnil for lbe safety ofbibn and bikers currently crouifta lbe busy County Linc Road; and WHEREAS, the Grant of Construction Ealemeal and lnierac,vemmental Ap,enmat for W arer Dramaae Easement for lbe Tnil Croaina will enable Littleton to COIISll'IICt said bike/bike trail; and WHEREAS. construction oflbe dninqc line will allow seepqe from lbe Hipline Cami to be discharged into Mclellan Racrvoir; and WHEREAS, dislurbed -will be raeeded and dilcbarp limitl will be maailand. NOW, THEREFORE, BE rr ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, lHAT: Sectiog I, Tbe City Cowil of lbe Cily of Enpwood. Colando, lllnby appn,v11 lbe Gram ofConsuuc:tion Ealemeal ad lbe ..._.,,aWWWWIII A.....-'*"-die Cily of Littleton, Colorado, and 1be City ofEnpwood. Colorado, copies ofwllicb are aaadled _., marked Exhibit A and Exhibit B. Section 2. Tbe Director ofUlilitics is IUlborized to sip said apeamal for 111d OD bebalf of the City of Englewood, Colorado. Introduced. read in full , and peued OD fint readina OD die lrft' day of May, 2003 . Published u a Bill for• Ordinance oa lbe 23,. day of May, 2003 . Read by title and pilled Oil final ,--. oa lbe r clay of i-_ 2003 . Published by title u Ordinance No.___, Scria of 2003, on the 6*' day of June, 2003. Beverly J. Bndlbaw, Mayor Attest: Loucrisbia A. Ellil, City Clerk I, Loucrilbia A. Ellis, City Clerk for the City ofEqlewood, Colando, benby certify dial the above IDd foreaoiDI ii I IIUe copy of the Onlillance pllllld Oil ftaal reaDI IDd publilbed by title u OnliaaDce No . __., Series of 2003. Loucriabia A. Ellis GRANT OF CONSTRUCTION EASEMENT nns AGREEMENT is made this __ day of June, 2003, by City of En&lewood. Colorado, of 1000 EnaJewood P:irltway, Englewood. Colondo 80110, Granror, and the Cir:y of Lialeum. Colorado (Lialeron), whose address is 225S Wesr. Berry Ave., Lildeton, Colorado S0165,Gnuuee. WHEREAS. Lildeton desires to construct improvemcms to tbe aonh side of County Line Road in accordlace with the improvemems in tbe Hipline Caul Trail c:rossiq. NOW, THEREFORE, the ponies coveaam and apee • follows: l. Lialeton will insrall a dninaae SUUCIUR on LialefOD propeny as shown on the amcbed E.'tbibit A (heteinafter Project) beginning June. 2003, with c:oasuuction to be completed no l11er than February of 2004. 2. City of EniiJewood apees to permit Lialeu,a, in conjunction with the consauction :md insrallation. to store equipment and till din oa a site as indiated on the :mached map . Littleton agrees to erect :i temporary sccurir:y tence 3l'Olllld tbe sanae site and maintain adequate securir:y for the site at all times. Littleton funher :apees to comply with all swe and feder.11 swum 311d regulations reprdin1 the handling, scorqe, and clean up of any hazardous materials used by Littleton. its employees. apna 311d assips in conjunction widl the Project. The locarioa of the coasaw:tion e:iscmenc is depic:ted upon Exhibit A. 3. This Apeement shall expire on February 29, 2004. -4 . Lialecon :shall have the temporary none.'\clusive ript to enter the property for any reasonable purpose necessary for the coasmaction of tbe Project subject to the foUowin1 resttict.ons: 1) normal workin1 hours sball be from S:00 a.m. umil -l :00 p.m.; 2) the operalion of equipment 3d bavy trucks will be permitted on the property oaly durin& normal worltin& bows : 3) Linleton will comply with all City of Enaiewood requiremeDIS repnlin1 emerpncy access to the propeny . S. Littleton will do what is necessary to restore the pn,peny to its oriainal conditiOll including but not limited to ~DI and reseedin& tbe property. The resunrion is to be completed by tbe e.~ir.ation date of this Gr.ant. 6 . linleton will provide securir:y for the siie ar all times. In 3ddition, Littleton will endeavor 10 keep the site in a visually accepral,le mmmer duriq the tenn of this Apeement, and Littleton will maintain :adequate dust control. cuber by replarly sprayina exposed soil with warer or by ocher xceptab&e methuds. Linleton :ll?ffS to be liable for .lily and all claims. CWNS or ICtioa. and liability wlucb may occur as a result of the .acnons 1>f Littleton.. iacludina the cost or defendin1 apilllt sucb cwms. S. L1ttieton shall 11\31nt2111 111 lwl f~e 3d effect a valid policy or dllUIIIIICe for Iba ~ Pro1ect 1n the alllOllnl of S600 .000 property co11eraac 3d $600,000 liability covenp. l.lldllola ,_ : = ! > t • • . ·:,• funber apees daac all Ucdetm employees, COllll&IIDII and IUb-coalncmn worma oa die Project sba1l be covered by adequale Worun Compea•i9a Iaanace 9. In the event dw Licdeloa sball abadoa die ripu psmed ro it baeuDder u ro any portion of die Euemmt Propeny afrecmd dllnby, all rip&, tide IDII --of die City of Licdeu,n u to sucb portion sba1I ceae and lftrl!liaa; and OraalDr sllall bold sucb pordaa of die Propeny, • die w may tbla be, hi hm die ripll of die City of Lildllml • M ,. _.. and sba1l own all die ticilitia IDII ocher impro.-so ......_ Flihn 1111 w ay par1iall of the Euemat Property for a period of nro yean or mon sba1I COIIICimre cvidace of lblmcJmaent of sucb portion. 10. 1'bil Orw of Eaemmr sllall IXlaad 1111 .a be biDdiaa qpca Illa 111c =•••• .a Ulipll ofdle respective pani8I bereco. Thi w. co. ,, ........... c:oaditialll ill dm Gnml ofE-,• sball be COllllnlN • ~-wma willa tbe 1111d. IN wtTNESS WHEREOF, die Plnia bereco haw execullld dm Orm of COIIIUUdioa Euemear oa die dale &st above wriam. GRA."ITOR: CITY OF ENGLEWOOD, COLORADO By ___ .....,..,,....,,,........,.....---- Siewan H. Foada Dim:ror ofUtililies A. Gray Clarlt. Cbairman Water 311d Sewer Board GRANTEE CITY OF LI1iLETON, COLORADO By _______ _ 11-.-------:..-~=-------==---~1 i,.::1-=.:.:~=1,..;=;;;;;;;~1~-Cl;.;;-;;;91;.;:.;;;_7~1 IXBllrr A 811----4----------1-- LildllaD • HIGHUNE CANAL & TN. CROSSIN ~ AT COUNTY LINE DD m.flQRARY casnu:noN fASDIEN1S ~_., DOUGLAS COUNTY HOLT A: • • • UU!VIO .:;-:;., -- ·•. ·" • t .. :a ;? .. < = '"'! .... 'T ;; ... ~ • ,.., ;:::; = ,i :!: ~ .,.; :, 3 ~ :i: " I. "' ? • • :, J ~ 1 :s z. '" ~ CNTERGOVER.1\IMENTAL AGREEMENT FOR WATER DRAINAGE EASEMENT ON CITY OF ENGLEWOOD PROPER.TY AND INTO TIIE McLELL'\N RESERVOIR. THIS AGREEMENT is made this __ day of June, 2003, by City of Enalewood, Colorado, of 1000 Enllewood Parkway, Enpcwood. Colondo 80110, (Enpwood), and the City oflittleion. Colorado. whose address is 2255 West Bary Ave., littlcma, Colorado 80165, (Liltlellon). WHEREAS, lialeton desires to comwct a trail c:rossiaa at Colllll)' line Road u a put of the Hipline Canal Trail [mprovemems; and WHEREAS. this crossin&, as daiped by Felsburg. Holt & Ullevi1 and shown on tbe c:oasttuction plans for the ·'Hipline Canal and Trail C.l'OS5UII at Coumy line Rold" dared Sepfcmber 16, :?002. a copy of which is available at lbe Enliewood Utilities Depanmem, shows approximately 600 feet of druin.qe pipe as a pan of this project; and WHEREAS, this druin.qe will flow il1lo the McL:llan Reservoir which is a drinkiq wuer source for the City of Englewood; and WHEREAS. tbe drainqe from this project is expectld to be minimal :md to pose lime danlff to the quality of the wuer conained in lbe Mcl.elllll Raervoir. TIIERE.FORE. in consideration of die IIIWWll c:ovenams and conditions comained herein. the parties 311ft as follows : I. Enllewood v,mts w110 Litdetoa, a dniaqe eurmerlt, described herein. 2. Lialeu>n shall comtruct a scepap drain for Ibis above-described project. wbicb shall be OD lialeton"s property with the oudlow draiaap OIIID lbe propeny ofEnpwood. 3. The drainqe system shall be COIISlnaCled as sbown OD the project dmwinp and specifiC3tions as described above and specifically u shown OD Exhibit A. comiSliq of !WO pases, aaached hereto and incorporued herein by reference. 4 . Littleu>n ~ that the above-described dniup sys111D sbal1 DOC be enllrpd. added to any other dr:una1e system, oor incorponred il1lo any ocber type of drainqe or dilc:barp system. 5. Littleton shall llOl nor shall il plllllit my ocber penaa or earity to dilcblrp imD this dr:wlalC system :Illy pollutins rnarcria1 OI' ;my odler WW which is DOl CCJIDII Dlild IDlinly of stonnwaier or narural dr:llna1e. 6. Lialeton shall comply wilb all 111Plicable laws. ordinmcel, nalel 111d replalicml of ;uiy IOvemmenllll authority reprciiq enviraamcmal or WIier quality sandlnll ad rqulanons. • " .. I • { E • • 7. Should Enalewood fiDd and declare dlll any discharp tiom die subject symm is a danpr ro tbe warer in McLellaa Rwrvoir, it sball aocify LittletOll to invnectillely lib measures ro correct die danpr ai Lilddaa's IDie COit. 8. Failure ro comet sucb clilC:barp delC:ribed in parqnph 7 lbove sball be c:au,e Englewood to terminate this eucment and deny ftinber acceu or dninqe onro Eqlewood property. 9. Littleton shall remove Enpwood's exiltina fence u sbowo on !be plans for tbe Hip.line Canal and Trail Crouiq • COUllly Line Rold aad lball mmbune Eqlewood at die replacement COit. . I 0. ID tbe event dlll LildetDa sball abadoa tbe ripll panted 10 ia bennmder • ID any portion oftbe Euemenr Propeny affected thereby, all ript, tide and illlmat ofLialeroa a to such portion shall cease and terminate; 111d Enalewood sball bold sucb porlioa of tbe Propeny, u tbe same may then be, li'ee fiom tbe ripll of LildetGll so lblndaned and sball own all tbe facilities and Giber improvemema so lblndaMd. Fai11n to 111e any ponian of die Euemem Property for a period of two yean or more sball COlllliW evidence oflblntloo,mmt ofsucb portion. 11 . Thia Gnnt of E.....,.,...., shall exleDd to wl be biDdiq upon tbe succ:mors 111d usigns of tbe respective parties hereto. Tbe tmma, COYellllllS, l,reemeDII and caadilioaa in this Grant of Easement shall be construed u covemn1S nmniq widl die land. 12. Littleton aarees ro be liable for any 111d all claims, C1UN1 of actiaa, 111d liability which may occur as a result of Ille actiam ofl.ildeam, includiq tbe COit of di& dlnl apimt such claims. IN WITNESS WHEREOF, this &daac>••iiiiWiillll Apemml 1111 been sipld lbe day and year tint above written. GRANTOR: GRANTEE CITY OF ENGLEWOOD, COLORADO crrY OF IJ1il.ETON, COLORADO By~~~~~~~~~~~ By~~~~~~~~~- Stewan H. Fonda. Director of Utilities 1--c::::J=-~ -=:J --Cl 01-ot? sl 1 -I J --Cl 0,~7 - t, T • ........ EXHIBIT B I ~ Pap2or2 _ I I I I - • ,t • • A RESOLUTION FOR THE SUPPLEMENTAL APPROPRIATION OF FUNDS FOR ARTS IN PUBLIC PLACES . WHEREAS, the City of Englewood provides various pieces of an for the public through its "An in Public Places" program; and WHEREAS, this action meets the requirements to appropriate one pm:ent of the Capital Projects Fund for "An in Public Places"; and WHEREAS, the City of Englewood is required by City Cbartcr to ensure that certain appropriations are not made without proper autborization by City Council. NOW, THEREFORE, BE IT RESOLVED BY 1llE CITY COUNCIL OF 1llE CITY OF ENGLEWOOD, COLORADO, THAT: Section I. The City Council of the City of Englewood, Colorado, hereby approves the following appropriation : CAPITAL PROJECTS FUND Sotm or f11df; Unreserved/Undesignated Fund Balance Y•tff•w; An in Public Places (One Percent for Ans) $9,230 $9,230 Sg;tjon 2. The City Manager and the Director ofFinlnce wl Adminiacntive Services are hereby authorized to make the above chaaaa to me budaet- ADOPTED this 2"" day of June, 2003. Beverly J. Bnllllbaw, Mayor Attest: Loucrisbia A. Ellis , City Clerk I, Loucrishia A. Ellis, City Clerlt for the City ofEqlewood. Colondo, benby certify that tbe foregoing is a true copy of Rnolution No. _, Seriel of 2003. Loucrilbia A. Ellis COUNCIL COMMUNICATION - Date Apndaltem Subject June 2, 2003 toe i Supplemental Appropriation to the City of Enslewood 2003 Budget for Art in Public Places (One Percent for the Arts) Initiated ly I Frank C Slaff Source Department of Finance and Administrative Services Director ,., COUNOL GOAL AND PIMOUS COUNCIL AC110N The Council approved the 2003 Budget and Appropriation on final reading November 4, 2002. RECOMMENDED ACTION Staff recommends City Council approve the attKhed resolution for a supplemental appropriation of on. percent of the amount budgeted in the Capital Projects Fund for Art in Public Places. The sources and uses of the funds are: CAPITAL PROJECTS FUND Soyrq gf Funds; Unreserved/Undesignated Fund Balance YRo(EYnds; Art in Public Places (One-Percent For Arts) $9,230 $9,230 The City of Englewood is required by City Charter to ensure INt expenditures are not made without proper appropriation by City Council. The attached resolution appropriates funds to ensure INt the City of Englewood complies with legal restrictions governing local budpdng. FINANCIAL IMPACT These supplemental appropriations wil reduce the upilal Prqects Fund 111nserved tund balance bv $9,230. LIST Of ATTACHMENTS Proposed resolution :, Date June 2, 2003 INITIATB> IY City Manager's Office COUNCIL COMMUNICATION Wllec't Council motion selling sidewalk sales events, to be held on June 7 and August 16, 2003. STAFF SOUICE Michael Flaherty, Assistant City Manager COUNCL GOAL AND PREVIOUS COUNOL AC110N Ordinance 47, Series of 2000, authorized public side walk sales for convnunity events or celebrations. RECOMMENDED ACTION BACKGROUND Ordinance 47, Series of 2000 provides for public sidewalk sales eYenll. The City ~ has establltlN a policy for pennittlng such events. The Old Town Englewood men:hanls mocialion. In cxqunction wilh the Greater Englewood Chamber of Commerce, has selected lhe dales of Sauday, June7, 2003 and Saturday, August 16, 2003, as sidewalk sales events for 2003. The City Manager's policy establlshed allows for such sales to be conducted only in conjunction with a City aulhorized pubic sldawalk sales event FINANCIAL IMPACT None UST Of ATTACHMENTS None BY AUTHORITY COUNCIL BILL NO. 10 INTRODUCED BY COUNCIL MEMBER YURCl:UCK/MOORE GA ~. WHEREAS, Englewood City Council wishes to addma the issue of storage of inoperable and oft' road vehicles in the front, side, and back yuds in the City; and WHEREAS, the City Council, throup its police powen, finds that it is nec:euary for the health, safety, and welfare of the citi7.ens of Englewood to regulate the storaae of IUCb vehicles. Section 1, Tide 1S, Chapter I, Section 2, Definitions, is hereby unended by deleting definitions for Vehicle, Derelict and Vehicle, Hobby and adding new definitions for Vehicle, Inoperable; Vehicle, Off-Road (ORV), and Carport to read u follows : Jlalilel., JJerel¥#: ABy ·1ehiel11'.hilh ii .·,w11i, .. dem111 .. • MP tinlly d' ntled 18 Ille .. , llllla 1111111 ;,ehi1l1 ii ia,,.,.1, • ii ill.11p11il1 ,o-...,.,. •d• ill - pa1'.•. ll ..&I iaehMII my \1ehi1I• mi11iaa w •..,. wll11II _.-, ·.'llli1l1 Mlilh bshr 1 .... -Ii·-· ,1 ... • -···· ••• • MliM I h .... .. flaieN, .V.1111,. ,f,.,. ' .... ~· .,.w,....,. ,,,.. "' ................ 6uUI, I ..... ... -ill·--· .... .., ·•---fN• .................................. a.) _,......,._, ., ... ,.,.. ____ _.,,..,.,. Vcbic/c, lnewefll«· PRP1 MY YGbi;h J1W. I) it msnbh pfmgyilyg ip I lgfill,,,,,,,,. !PW ill gwp ggwp; gr 2} Irie • emm times ""5 513} ii ll'IIIMI dmtm! dil'Dlotle1 w iDFifl'PJ'!stslv IIIPPbkd Y,bjclc Q([Rqqd (ORY}. iooh¥ke but js PAI Jimitgl IP tP·IPDP! xsbisls CAIY), mipi- bjke djrt bjkg hoygqaft, fbms buBBY B8:9G, bola RFIITII ICfWSNl AFC Iii[ 51 Plbs xshisle tha& NF pot SF# lspl iP the Stell e(9Jkn4e eJRiJJFrW xsbkJe N!RIAz IPfl INISJ for MY of the fompip1 CYFP if prppprly lirmw1 Carczect · I IPIFC (9( hpyfjpp gr IIPAM g{mgtpg xsbisla et CPFJoeed 511 PAS P¥IF Jb1A tw o aiR bv walW Hard Swfaq · • 1HP1FC tha& ii Pm4 wiJh •mbtll IJIAR'fS 51 bdsls 91YP1, Sqljd fecc · PlGIOI I Cmss P 4FW iP I H: P'92} WC N IJlYlllW Section 2. Tide IS , Chapter 9, Section I , F.qlewood Mllllicipal Code 2000, is bereby amended to read u follows : • t .. .. ~ .. • • Cbapter9 VEHICLES; 91sl\eblCI' A.>19 HQB&Y INOPERABLE 15-9-1: Vehicles: e-liet 81141 Hehl,y Inoperable It shall he 111Hawflll MIi eeMilierell a alliNaee fer ~ p-R le 8'8N, maiRteia er keep aay dereliet er hehhy vehiele, as llefiflell l,y this Title, ea aay NBI prep_., er alljae•t pelie rlsht ef way iR tile City e111ept as felle·.·. a. Jbjs Chaptq ;, iDUiWlr4 w addrps She prppq VAJMF or jpqpgabJe M4 pff-rpad xshisJes It shall uplawfyl and cgpfdppd I DlliMP6S fw 1PY PP19P tg IPJS, ro,iptaip W kppp MY ipgperablp vehicle io violatiPP of this Cbnrss: DE OWIIG[ of IP ipgpgahls YSbiGIF w gtT-rpad xsbisJc M wpll M Jhe 95i&HPIP& yd OWIIG[ of the prppgty wtm sµch , xWsls i1 IAPl4 DH Jas rppggaible fm Iba JPfiD1GDIPFC o[wrh xehisle in oompJieF:S d Jhil Cbersrr A. IP8PFJllble Vehicles in.._,,_.._ .1ew 411 R Zenc pt,qy;q I. Th-llMll 111 ae -._ w 1111111, • ...._. • .W1l1 m . lllia1II er llerlll ea the JINP8d, ef~ Nlill•11 ill a Nlid•ri lly 111111---. Mlieh, ehi1l1 11M11 e, llerlll ill• Nlly •1111111.,... • ,· ·p .......... I.J1111Nmay1181'11111 .ehi,11 iR a..,. .. • .•• -i. Iha ...... •ill,...._..,. -.lly ea;lrN w1• • tie M, .. ....,.. • alh• ,,..-.. ,.... s...,.. • w.llHl1 ii ...................... ii • ...uy .... 'It ...... I. No jpqpgabJe xslaislF ebe!I lie IMPfl ,rjlhjp "" ,,,. ypd, l. J.lep,_ rllall11er1• n••_,.11,•11, ••llill, t·rh •~1111 ,_. ....... •ill••_,. ,-Ii, JINPlrt) • ri ... el way, 2 No PS18P ebe!I Mere w !C9d5 Pl 1PY iwwebls Y!bisls pithip IN OslM ypd W ie or AP IPY PMblis ggp1y II risbJ:oCwax, esms,. Mib Y!bRP RWY hp IFIDD8W0Y gjpgjpgt jp lbc frppt yard, PP I lwll Mftss fqr lbc PM'PPlfl 0{ SPPIPflL Jow1jps ,mkwtiDs w od, .. r_ tTJPYVY IFPYWPz $w;;h sreensn lorlios wlor!ffls or S!bs ssrnoo, ~tiyitig ebtll Wf emnd NBbS <R> 1pp RFLdu. 3. Thee,-ef•••li1t•he••y,.W1lear 11.ellarlhl11PJ11·••-•ftlla prepert) IIMIIN111p1••l1 r.,1111 aa ·s·•n11 ....... •--,1lli1l1 ii lllll)l)i?IIH wilh lhis ......... l. Ap jpopqabl5 xslaislF PllY PAS lie IIPlfl jp I grgort. Ap ioosmbls xsbklF PMY he stgrgl ip I fully ms!oend PPP II mls =•• 4. Thee-•hlu"", 11•i•l•••llill ••i•l•-.. ••-·t, fa, 1111d 11illlfi1111M11 .. ai••.. ,Iii.a, willl tlla D,,.. , .ru-v,11i,111, ••• er G1l1rllle . 2 t .. • • • 4 One inqpecahle vehicle may be stqrgt ip a m,r or 1i4e Yard srJwt if _it ii PP a ha!f' surface bGbiD4 1 wli4 (mss IP4 ISTSS'dlA1 &pm m pf 14iacept prpg;rgg ID4 pyhhc rishts-of-wax s. Ne 11aoe8 shell &MIN 88 a NBid1111i1lly 11881:d 111'1111~ a he~y er •-liet; ehiele ia 'lielalie8 ef the wer Nl r8Rh ia thia Nl,11etiea 1111 (6). Fail .. te ee111pt, lhall he a ;,ielatie8 ef thi1 Gede. 6-, ,\By 1iagl1 ·:ehiele 8'811111 ea lhe llftlll811y lhal ii ee; lllcl wilh a tie ~ -~ er el!ler 811811111 18. 1ft111t; ii 8'8ftlci 88 8 hanl lllll'RN wl Ml few (4) fillly IBfl~led IIN8 ii,..._... te he Nlly .....ct,..,... wl s .... ialp1elld wlael a claehet er h8hh) • 1hi1l1, lhMn ._ IB8 , lhi1le ii..,_.. wl eteftlcl ~-, ;• "".91111'1>, thia p111111111pti88 lhall Bit MiM aacl it lhall he 1111 ._, 8f~1 Gil? II -• whether the vehi1l11 -claNliet er 111,ehhy 81 defia1d hy thia 1111188 wl II lalla 111111h 11111111r11 • 8N lllltherieed II') thie 1111ie• B. lngp,:rqb{c Vehicles in a..-3.wl I>ia"'eltl leM PAA1&Y 0k Oen B- I . N, 1111188 llhall lieep a hahhy er clereliet •• llli1l1 ia a ~•ae 11••• clillliet .&111 NN ;•111i9l1 ii lll8l'N ia 8 fillly 1811811:d ....... 1B • -Wll81d ha , i8'll.l ef MjMIIII prepll'li• IM pHli1 ri&ht1 ef way, 1. No iggpcphls xsbisls abell hp !5AFP4 YPlw it ii 1111 NJd IPd'eFs M1il1 a wlid fepg; pl PFimJS4 frpm yip gf lftiarat PP1PPPF1 pl mbtiF dsbbdl ·VY pg jp I fully meJeeed !D¥11D ~. N811-8WM flli• iaahaia111 erian..W Had_... ... .., .... 1111111 w hahlr;· er del'llilt vlhi1l1 • 1111 ,..,..,, J. °RII 8'11,eer ef a clerelilt er h1hh, • IMIII 81 Wiil 81 .. I .... •I wl l'WW .•f -11re11erty llhall •• Nlf8lllilll1 t., .. ms •• • • -· " ... '-··· ia ......... will! thia ........ 2. Du; PIPviliOOI of thif Sp;tiqp PH PAI ply 1A I 'IPPttsed pl(s, lirzsmsd aytgmgtivs HF 4. 'RI• eJ.111er afah8hh) ;1hi1l1 er clerelilt ,lhill1 •Nc1ia a'11111i1111 aH~~I dilltPi,1 Bhell N.--the ·.ehi1l1 ~ ell,e Slala 1fG1l1flllle D,,.... .. • .- \Clhielee . S. Ne 1111eea llhall 118111 ea• haie111 11••• l'Nlllll'I> •heh~...._. •~111 iB li8laliHefell,e 1 111r.t1aia•••11•••(6l.--• 11 .. llhall ha 8 .illaliH af• £ .. 1 ,. 'R11 ,..,iliw 9fthia 111h111ti• lilt (6) llhall Mllppl, • ,rapllt) ... llleaea ,. .... ~ ........... .., ....... ... ) • t .. • • ~-A new section pertaining to Off-Road Vehicles is added to read as follows: 15-2-2 · Vehjc!es· Off-Road CORV} A. Qff-Rqqd Vehicles IQR n in 4U B Zone Qistcict.z 1. No ORV shall be store4 wjthjn the front yard 2. No peggn shall M9£S W WOJk 9P 1PY ORV withjn the frppt ypd or jp m: 9P 1PY pubJie rishtd·wax ufrGPS thag IYfcb YGNsla max he TGPPRVilx mefflflmpd in Jlas &gpt yard, PP a hard IW1iFo fw Iba WIPPKf of1PPIPP'L foediPr wlotdiDs w oths SGTWNY activitia §uch SPolPP'L 12NliPB JffllPlfliPR or gt1p; 1PPRVY activitie shall PPI ew4 eisb& CR\ 1pp PSE dav 3. Ap ORV yehicls may pot be llfD4 jp I carport. Ap ORV xsbisls may be llfD4 jp a fullx PMih?aPl BRMF w ehrilv ,m,mn 4. An OBY max he IMD4 in I rpr 5119 yard esfbesk if it ia PP I hard SUQ¥S lzMjpd I 19ljd fgpce pd esrme! WP yjq e(e4iWiA'S prppqrtip pd puhJic rights-of-wax ll. Qff-8994 Y«bic/M IQRf? tn leacDtrtrlcq 0k Den & 1. Ng ill9PPlbls xsbisls lbell be IMD4 •mJse jg ii Ill I hapl RRPFS M!ird • Nllk! {9!FC pd esrme! &mp Yin' e(a4iNi5PI prgpptip pd Pmlis rieble:m·UY fl' jp I fully SNih?aPl IRH5MF 2. De 11PYilioo1 et mil §sstjqp lbeU • IPPJx Je • gpmjgp1 IP4tw limml PRY ... Scctjon s, Safety Clauses, The City Council hereby finds, detmninel. w1 declara tbaa thi s Ordinance is promulgated under the general police poww of the City of EnaJewood, tbaa it ii promulgated for the health, safety, wl welfare of the public, llld tbaa this Ordinance ii neccuuy for the preservation of health and u,fcty wl for the protec:tion of public convenience wl welfare. Th e C ity Council further determines tbaa the Ordiunce bean a rational relation to the proper leg islative object sought to be obtained. Section 6, Severabjlity. If any clauac, ICllteDCe, s-qrapb. or part of dlia Ordinance or the application thereof to any penon or cimmlllw:ea lball for any rwca lie ....... by a COUit of competent jurisdictioo invalid, such judplcnt lball not affect, impair or ~ the raaaiadlr of thi s Ordinance or it application to ocber pcna111 or circumte-=• Scc•jon 7, lncopsistcgt OMinwe All odls <>nliDwea or poniw lbcnof iaowieeed or conflicting with this Ordinance or any partioa hlreofue i.eby npllled to the olml ohucb inconsi tcncy or COllflict . 4 ... • t .. • • Scctiop 8, Effect of repeal Of modificatiop, lbe repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or cbanae in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incumd under such provision, and each provision shall be llated and held u llilJ remaining in force for the purposes of aUBtaining any and all proper actions, suits, pmc:eedinp, and proteeutions for the enforcement oftbe penalty, forfeiture, or liability, u well II for the purpose of sustsining any judgment, decree, or order which can or may be RDdered, entered, or made in such actions, suits, proc:eedinp, or prosecutions. Scctiop 9, lmaltx. The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance. Introduced, rad in fWI, and paued on tint readina on the 3rd day of March, 2003. Published 111 Bill for an Ordinance on the 7th day of March, 2003. Set for public bearinaoa the 21•day of April, 2003. Set for City Council Study Semon on the 1i-dav of May, 2003. Read in fWI, amended, and paued u amended on the 19" day of May, 2003. Published in full a amended on the 23,. day of May, 2003. Read by title and paned on fillal readina on the '2"" day of June, 2003. Published by title a Ordinance No. ___, Series of 2003, cm the ~ day ol June, 2003. ATTEST: 8eYsly J. Bradallaw, Mayor Loucrishia A . EUis, City C1erlt 1, Loucrishia A. Ellis, City Clerk of the City ofEDpwood, Colorado,....., ceni1y dlll the abo¥e and foreaoina is a true copy or the Onlinw:e ,-eel cm fillll r--, aad pubti,Md by title u Ontimace No. _ of 2003 . ••• • • ?~3J.m. .. .. 1. ==~ 2. 3. Pledge of 4. Roll CIIII 3 ...,. ;M}~- ~f~mi 5 . < cc moved , ,-,~<£ • ' • •