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Home My WebLink About2002-02-04 (Regular) Meeting Agenda Packet,· •• ' .. .. .. , .. .. " • . . •. '. ·• • • ... • ..• .• . .;.- . ., . • . •' .. . • .. ~ .. •. I • . .. . . . , ...... . ... .. •: . . . ~ ,,, -. .. ·· ... ,.• -.: ~ : .. : ·.,.··. ··... . . .' .. ......... ...... • ..,. .. J •. . ... 'j \ I .J ,·-- ( ) "',;1 ~ . . ' , . •. __ ...._-'-'------- Regular City Council Meeting February 4, 2002 OrdiMnce I /./ 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18 Reaolution I 1 -41, )l'i, 43, 44, 45, 46, 47, 48, 49, 50 ~ . .. 1 . " , ... • • 'J •· O " . " • .1-. ' ' .· .. ,, •· • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Recular Senion February 4, 2002 I . Call to Order The regular meeting of the Englewood City Council wu called to order by Mayor Bradshaw at 7:30 p.m. 2. Invocation The invocation wu given by Co1D1Cil Member Nabholz . 3. Pled1e or Alle&lance The Pledge of Allegiance wu led by Boy Scout Troop #199. 4 . RoUCall Present: Absent: A quorum wu present. Also present : 5. Minutes Council Memben Nabholz, Grazulis, Garren, Wolosyn Yurchick. Bradshaw Council Member Moore City Manager Sean City Attorney BrolZmln Assistant City Manager Flaherty Deputy City Clerk Cude Deputy City Clerlt White Senior Analyst Dannemiller, Collffllllity Development Director Gryglewicz, Finance and Administrative Services (a) MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JANUARY 22, 2002. Ayes : Council Members Nabholz, Garren, Wolosyn. Yurchick. Grazulis, Bradshaw Nays : None Absent: Council Member Moore The motion carried. 6. Scheduled Vlliton There were no scheduled visiton . 7. Unscheduled Vlsiton (a) Brandy Webb, 5320 South Elati Street, told Council Ille wu a fiabman at EnaJewooc1 High School . I was recently nominated, she said, by one ofmy teachers at the hiah school to participate in • ' • Englewood City Council February 4, 2002 Page 2 the 2002 National Student's Leadership Conference . I was selected and invited to Washington D.C. along with students from all over our nation and forty other countries. In order to qualify, you nuat maintain a minimum of a B average , participate in extra curricular activities and have demonstrated leadenhip potential. My chosen career field is definitely medicine, although I have not decided exactly which fiel d. Therefore, I selected the medicine and health care conference that will be held for eleven days this summer in Washington D.C. While in Washington, I will be given the opportunity to participate in medical ethics simulations, including end oflife issues, go to seminan with speakers who are at the lap of their fields , explore the world of pharmaceutical research, debate current medical 10pic1 such u genetic enameerinl and organ transplantation and master the skills of respollll'ble and ethical medical leadenbip. The conference also includes field trips to places such u the national institute of Health, Walter Reed Medical Center, and Uniform Services University, which is the primary medical training facility for the U.S. military. We will also have an opportunity to do some sightseeina in our nation '• capital, which will be thrilling, u I have never been there before . After co~leting the conference, I will receive a certificate of achievement, an academic transcript and a letter of recommendation that will be invaluable to me when I submit college applications . Tuition for the conference is $1,697 .00, which includes housing.~ meals , course materials , academic expenses and activities . The student is also responsible for airfare to and from the conference. As you can see, this is a wonderful opportunity. For me, it is an expensive opportunity that I cannot afford. That is the purpose of this letter . You do so many wonderful things in our community, and I am hoping I can count on you for sponsonhip or partial sponsorship. I have given the same letter to many other co~es in Englewood, and I am hoping to hear that you will help me out. Ms. Webb thanked Council for their time and said she hoped to be hearing from them soon. Mayor Bradshaw thanked Ms . Webb and asked her to leave some information with the Clerk . 8. Communle1tion1, Proelanatiom 11111 Appolaaa..a COUNCIL MEMBER GARRE1T MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEMS 8 (1) THROUGH 8 (U)-RESOLUTIONS NO. 7 THROUGH 41, SIRIU OF 2112, (a) RESOLUTION NO. 7, SERIES OF 2002 A RESOLUTION APPOINTING DAVID ANDERSON TO THE TRANSPORTATION ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO . (b) RESOLUTION NO . 8, SERIES OF 2002 A RESOLUTION APPOINTING JEFF BAKER TO THE BOARD OF ADJUSTMENT AND APPEALS FOR THE CITY OF ENGLEWOOD , COLORADO . (c ) RESOLUTION NO . 9, SERIES OF 2002 A RESOLUTION APPOINTING BILL BELT TO THE CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD , COLORADO . (d) RESOLUTION NO . 10, SERIES OF 2002 A RESOLUTION REAPPOINTING JENNIFER BIPPUS TO KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO . (c) RESOLUTION NO . 11 , SERIES OF 2002 A RESOLUTION APPOINTING THOMAS J. BURNS TO THE URBAN RENEW AL AUTHORITY FOR THE CITY Of EN GLEWOOD , COLORADO . • t Englewood City Council February 4, 2002 Page 3 (I) RESOLUTION NO . 12, SERIES OF 2002 A RESOLUTION REAPPOINTING JILL CARLSTON TO THE BOARD OF ADJUSTMENT AND APPEALS FOR THE CITY OF ENGLEWOOD, COLORADO . (g) RESOLUTION NO . 13, SERIES OF 2002 A RESOLUTION APPOINTING JOE CHRISTIE TO THE TRANSPORTATION ADVISORY COMMIITEE FOR THE CITY OF ENGLEWOOD, COLORADO. (h) RESOLUTION NO. 14, SERIES OF 2002 A RESOLUTION APPOINTING JONATHAN CROWELL TO THE CODE ENFORCEMENT ADVISORY COMMITTEE FOR TIIE CITY OF ENGLEWOOD, COLORADO. (i) RESOLUTION NO . 15, SERIES OF 2002 A RESOLUTION APPOINTING C.J . CULLINAN TO THE PUBLIC LIBRARY BOARD FOR THE CITY OF ENGLEWOOD, COLORADO. (j) RESOLUTION NO. 16, SERIES OF 2002 A RESOLUTION APPOINTING GARY DOUNA Y TO THE TRANSPORTATION ADVISORY COMMIITEE FOR THE CITY OF ENGLEWOOD, COLORADO . (k) RESOLUTIONN0.17,SERIESOF2002 A RESOLUTION REAPPOINTING JACQUELINE EDWARDS TO KEEP ENGLEWOOD BEAUTIFUL COMMlS SION FOR TIIE CITY OF ENGLEWOOD. COLORADO. (I) RESOLUTION NO . 18, SERIES OF 2002 A RESOLUTION APPOINTING SAMARA FERBElt AS AN AL TERNA TE MEMBER TO TIIE BOARD OF ADJUSTMENT AND APPEALS FOR THE CITY OF ENGLEWOOD, COLORADO . (m) RESOLUTION NO . 19, SERIES OF 2002 A RESOLUTION REAPPOINTING SAMARA FERBER TO KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR TIIE CITY OF ENGLEWOOD , COLORADO . (n) RESOLUTION NO . 20, SERIES OF 2002 A RESOLUTION REAPPOINTING RONALD FISH TO K.EEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. (o) RESOLUTION NO. 21, SERIES OF 2002 A RESOLUTION REAPPOINTING AUSTIN GOMES TO THE PARKS AND RECREATION COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO . (p) RESOLUTION NO . 22, SERIES OF 2002 Englewood City Council February 4, 2002 Page4 A RESOLUTION APPOINTING BETIY GOOSMAN TO THE TRANSPORTATION ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO . (q) RESOLUTION NO . 23, SERIES OF 2002 A RESOLUTION REAPPOINTING CHUCK HABENICHT TO THE WATER AND SEWER BOARD FOR THE CITY OF ENGLEWOOD, COLORADO . (r) RESOLUTION NO. 24, SERIES OF 2002 A RESOLUTION APPOINTING CHRISTOPHER HANSON TO THE KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. (s) RESOLUTION NO. 25, SERIES OF 2002 A RESOLUTION REAPPOINTING SELWYN G. HEWITT TO THE MALLEY CENTER TRUST FUND FOR THE CITY OF ENGLEWOOD, COLORADO. (t) RESOLUTION NO . 26, SERIES OF 2002 A RESOLUTION APPOINTING BARBARA HODGE TO THE TRANSPORTATION ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO. (u) RESOLUTION NO. 27, SERIES OF 2002 A RESOLUTION REAPPOINTING L. GARY KASSON TO THE FIREFIGHTERS' PENSION BOARD FOR THE CITY OF ENGLEWOOD, COLORADO. (v) RESOLUTION NO . 28, SERIES OF 2002 A RESOLUTION REAPPOINTING JO LAY TO THE ELECTION COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO . (w) RESOLUTION NO. 29, SERIES OF 2002 A RESOLUTION APPOINTING CINDA LOSEE AS AN AL TERNA TE MEMBER TO THE TRANSPORTATION ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO . (x) RESOLUTION NO . 30, SERIES OF 2002 A RESOLUTION APPOINTING CINDA LOSEE TO THE KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO . (y) RESOLUTION NO . 31, SERIES OF 2002 A RESOLUTION REAPPOINTING BILL McCAHILL TO THE CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD. COLORADO. (z) RESOLUTION NO . 32, SERIES OF 2002 A RESOLUTION REAPPOINTING STEVE NEYER TO THE PARKS AND RECREATION COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO . Englewood City Council February 4 , 2002 Page 5 (aa) RESOLUTION NO . 33, SERIES OF 2002 A RESOLUTION APPOINTING KENT NICHOLAS TO THE KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. (bb) RESOLUTION NO . 34, SERIES OF 2002 A RESOLUTION APPOINTING LINDA OLSON TO THE KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR nfE CITY OF ENGLEWOOD, COLORADO. (cc) RESOLUTION NO . 35, SERIES OF 2002 A RESOLUTION REAPPOINTING JAMES PHELPS TO THE POLICE OFFICERS' PENSION BOARD FOR THE CITY OF ENGLEWOOD, COLORADO . (dd) RESOLUTION NO . 36, SERIES OF 2002 A RESOLUTION APPOINTING DON ROTH AS AN AL TERNA TE MEMBER TO THE PLANNING AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO . (cc) RESOLUTION NO . 37, SERIES OF 2002 A RESOLUTION APPOINTING DENNIS SCHUM TO THE PLANNING AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. (ff) RESOLUTION NO. 38, SERIES OF 2002 A RESOLUTION REAPPOINTING MITCH WALDMAN TO THE PARKS AND RECREATION COMMISSION FOil THE CITY OF ENGLEWOOD, COLOllADO. (a) RESOLUTION NO . 39, SERIES OF 2002 A RESOLUTION APPOINTING JUDY WALLACE AS AN ALTERNATE MEMBER TO THE UR.BAN RENEW AL AUTHORITY FOR THE CITY OF ENGLEWOOD. (hh) RESOLUTION NO . 40, SERIES OF 2002 A RESOLUTION REAPPOINTING CARL WELKER TO THE PLANNING AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD , COLORADO . {ii) RESOLUTION NO . 41 , SERIES OF 2002 A RESOLUTION APPOINTING BRANDON WlLUAMS TO THE NONEMERGENCY EMPLOYEES RETIREMENT BOARD FOR THE CITY OF ENGLEWOOD, COLORADO. Voleraulll: Ayes : Nays : Absent: The motion carried. Council Members Nlbholz, GuTea, Woloeyn, Yun:hick, Grazulia, Bradahaw None Council Member Moore • Englewood City Council February 4, 2002 Pagc6 Mayor Bradshaw advised that we have departed from our usual practice of calling each resolution out individually, because that is very tedious, plus we have some very important people in the audience whom we would like to recognize later . lf you will be patient, we will be appointing people to boards and conunissions and it should go relatively quickly, and then we will get to the Metropolitan Mayors and Conunissioncrs Youth Awards . Several appointees were present. Mayor Bradshaw presented a City of Englewood pin and a certificate to tllO!c in attendance: Bill Belt, Engl ewood Code Enforcement Advisory Committee Brandon A. Williams, Englewood Nonemergency Pension Board Gary Kauon, Englewood Firelighters' Pension Board Selwyn Hewitt, Malley Center Trust Fund Austin Gomes, Englewood Parks and Recreation Commission Tom Burns, Englewood Urban Renewal Authority Jeff Baker, Englewood Board of Adjustment and Appeals Gary Dounay, Englewood Transportation Advisory Committee David Andcnon, Englewood Transportation Advisory Committee Joe Christie, Englewood Transportation Advisory Committee Kent J. Nicholas, Keep Englewood Beautiful Commission Dennis M. Schum, Englewood Planning and Zoning Commission Betty Gooarnan, Englewood Transportation Advisory Committee Cinda Losee, Keep Englewood Beautiful Commission, and an alternate member of the Englewood Transportation Advisory Committee Barbara Hodge, Englewood Transportation Advisory Committee Linda Olson, Keep Englewood Beautiful Commission Mayor Bradshaw ukcd for a round of applause for the appointees. Mayor Bradshaw explained that the boards and commissions act in an advisory capacity to Council . She advised that there arc youth positions, and invited those who were being honored this evenin&, if they arc interested in serving their community, to watch for notices in the Englewood Herald. (ij) Council recognized Englewood's nominees for the Metropolitan Mayors and Commissioners Youlh Awards . Mayor Bradshaw welcomed the nominees and their families. Tonight is a very special night for the City of Englewood, she said. We arc pleased to be honoring twenty-live young people who have been nominated for the 2002 Metropolitan Mayors and Commiuioncn Youth Awards. This program recOjllizes young people who have overcome difficult situations in their lives and have risen to the challenges of adversity . l have the pleasure of serving on the Board ofManagen for the Metropolitan Mayors and Commissioners Youth Awards, and the young people we honor tbrou&h this program are true success stories. Tonight's honorees arc no exception. These young people have been through hardships and challenges most ofus can't even imagine -battles with alcohol and drua abuse, parenthood, difficulties in school, gang affiliations, disabilities, family difficulties, the challenge of assimilating new cultures and languages, deaths of close friends and family members, custody battles, and more . We are honoring these nominees not because of the hardships they have faced, but because they have persevered and have taken control of their lives, turning their advenity into advantaae. Tbcy have made a difference in their own lives and the lives of those around them Their SlreDgtb and dctmnination are an inspiration. We will be honoring each Metropolitan Mayors and Commiuioaen Youd! Award nominee with a cenificatc, as well as a gift ba& as a token of our admiration. Thanks to Enpcwood's Department of Parks and Recreation for contributing ~kpacka for tbt' gift hap. Council Member Julie Grazulis will help me hand out the awards, and I would like to invite the Olbcr City Council Manben to join us in front of the dais . After the recopition, we will break for a brief m:cption to vilit with our nominees . I would like to offer a special thanks to the people who nominated these youna people for recognizing their accomplishments and helping us honor them. I invite die nominaton to come forward 10 ' .· .. .. .. • • Englewood City Council February 4, 2002 Page 7 join our receiving line. The nominaton are Patty Christianson, Carrie Almanzar, and Theresa Lowther from Sinclair Middle School; David Miller and Cheryl Okizaki from HIUDIDex Academy; Gale Sperry and Carol Wacker from Englewood High School; Amie Gallegos from Colorado's Fineat Altcmative High School; and Susan and Russel DeShon. i. Roxanne Abell, a student at Sinclair Middle School Roxume'1 nominator praises Roxanne's positive attilUde and leadcnbip lkil1I, noting that her upbeat aailude and cbuadcr have a noticeably positive impact on the people uound her. ii. Darren Abney, a student at Hmmmx Academy . Darren's nomimlar indicara that Dann bas turned bis life around -bis positive ltti1ude helps bim serve • a role model at ICbool. iii. Diana Bueno, a student at Enatewood High School. Diam bas rilen to the challenges of adaptin& to a new culllft and lanpaac. Diana's DOlllinator says she ia a wonderfillly positive role model whole honesty helps odJen learn &om her experiences. iv . Lorena Cuamila, a student at Englewood High School. Lorena's nominatoc says Lomia never aives up, she works bard every day, she always helps others -she is the kind of person who makes America peat. v . Jolene Cunningham, a student at Colorado's Fineat Alterutive Hip School, was not present. Mayor Bradshaw conmented that Jolene bas oven:ome many challenges. and ranaiDS dedicated to improving her life, placing an emphasis on her education and bcin& the best mother in the world for her son. vi. Joslyn Davidson, a student at Colorado's Fiaest Al1mlative High School, WII not present Mayor Bradshaw cOIDIDmlled tbat JOllyn baa turned aeplive silmliom iDID polilive life lessons. She bu become a positive role IIIOdd who helps~• odlas .-s duoup cliffic:ult Cima. vii. Dustin Douperty, a student at Humann Academy. Dustin's__. applauds Dustin's perseverance and dedication to bis &mily. Dustin's progras in school baa helped odlas realize they can achieve succesa, too . vw . ADI EclmimdDJ, a llUdm. at Colorado's Finest Altanalive School ADI 's nominator describes her as a "jewel" -she works bard, loves school, is 111111-judparntal, al very aivin&- Her positive outlook on life is contqioua. ix. Tiffany Evam, a student at Colorado's Final Allemative Hip Scbool. Tiffany's advenity bas bad a profound uq,act c,n her life, with very positive OUlcomes. Her llffll&1b and outlook on life have made her goal-oriented and focused on lflduatioa . x. Deanna Goonnan, a student at Colorado's Final Allemative High Scbool. According to Deanna's nominator, she exhibits mth!!Sium md motivation tDwuda her educalina and serves as a stron11 influence on others. She bas overcome odds that would bumble -i of 111. xi . Anaela Johmoa, a student at Colorado's Fimsl Allerative High ScbooL Her nominator says that Anaela 's put bu helped her foc111 on the liallft. Sbc is very pial...-d and commined in her quest to be succeuful -but she's not too bllly to help others who ue acliDI t11nJuab difficult times . xii. Natalie Lovato, a student at Colorado's Fineat Altanalive High School . Natalie's life bu not always been positive, bul Ille Im lofty llpUati&w b Im tblure. ~·• ...-. sees her anitude and commitment u extnonliimy. Sbc ia a role model for ocber ......_ t • • D Englewood City Council February 4 , 2002 Page 8 xm. Jahazicl Macias, a student at Englewood High School. Jahazicl has overcome many challenges, including adapting to a new language and culture. Jahazicl's nominator describes him as hardworking and unfailingly polite. xiv . Guillermo Maldonado, a student at Englewood High School. Guillmno, too, has adapted well to a new culture and language . He takes great pride and puts great thoupt into his schoolwork. Guillermo's nominator describes him u a gentleman scholar and an outstandin& role model. xv . Sara McLeod, a student at Colorado's Finest Alternative High School. Sara wu told by docton when she wu younger that she would never lead a nonnal life -she has proven her doctors wrong. Sara's experiences and accomplishments help her offer support, advice, and encourqement to others. xvi . Brittany Moore, a student at Sinclair Middle School. Brittany's nominator says she is an extremely resilient young lady, continuously striving lo improve herself and her learning environment. Brittany is a positive contributing member of her school cormunity. xvii . Abdou N 'dir, a student at Englewood High School. Abdou came to the United States from Senegal, and has adapted well to a new culture and language. Abdou describes hia outlook in these words, taken from his college essay: "Great things come to you if you work hard at it and never give up ." xvm. Andy Nguyen. a student at Humanex Academy. Overcoming Jaaauage and other barricn have helped Andy excel in school. He helps tutor some of his peers in clasaea. xix. Lindsey Sneed, a student at Colorado's Finest Altcmative High School, wu not present. Mayor Bndshaw cOllllllCDtcd that, with her attitude and commitmmt, Lindley haa been abl'c to turn her pcnonal advcnities into pluses. She Im become motivated and successful in school and is a role model for others. ' xx . Chirstina Snyder , a student at Flood Middle School. Cbintina '1 determination and inner strcnath and her great outlook on life will enable her to succeed. Her nominators say '"Chintina puts the sun in people's lives who have had nothing but clouds." xxi. Tracy Welch, a student at Colorado's Finest Alternative High School, WU not present. Mayor Bradshaw commented that Tracy's nominator describes her u a beacon oflighl to all those who arc overcoming adversity. The hurdles she's encountered have motivated Tracy to overcome and be s uc cessful. xxii . Cecilia Woods, a student at Colorado's Finest Alternative High School. Cecilia 's nominator desc ribes her as a survivor who has an extremely positive outlook on life. She has put nega tiv e situations behind her and is beginning lo set life-long goals for henelf. xxm. Chalmcr Cody Wren IV , a student at Humanex Academy. Cody has made a complete ru m-around with his life . By turning into a positive role model 11 scboo , he has helped many of h is peers see that they can make changes, too. xxiv. Sher, Yoke, a SIUdcnt 11 Humanex Acadtmy. Sheri has made pat strides to make her life better. She has become a positive peer leader and has excelled in her clau work. xxv . Arta Zymm, a acudenl at EJlllewood Hip School . Arla is a survivor oflhc - in Kosovo. and has adapted well to a new Jaoauaae aad culture. Arta 's nominator describes lier u ' • • Engl ewood City Council February 4, 2002 Page9 "generous, brave, and dependable ." Mayor Bradshaw said we are so proud to have young people like you as memben of our community. Thank you for inspiring us and showing us the power of your slmlgth and determination. And we thank the families , friends, teachcn, and counselon who are here tonight to help us honor our nominees and who suppon these very special young people on a daily basis . Let's give them all a big round of applause . Please join us next door in the Community Room, she said, for cake and a brief reception to visit with our nominees, after they get their pictures taken. (kk) Council recessed for a brief reception at 8:05 p .m., reconvening at 8:30 p.m. Six Council Members were present, Council Member Moore was absent. 9 . Publk Hearln1 No public hearing was scheduled before Council. 10. Content Aaenda Mayor Bradshaw advised that Agenda Item 10 (c) (i) should be a motion, not a resolution u listed on the agen , 1. (a) Approval of Ordinances OD First Reading No additional ordinances were submitted for approval OD tint reading. (See Agenda Item 11 -Regular Agenda .) COUNCIL MIMBIR GARUTI MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEMS 10 (b) (I) AND (U), AND H (c) (I), (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO . 6, SERIES OF 2002 (COUNCIL BILL NO. 4, INTRODUCED BY COUNCIL MEMBER GARRETI) AN ORDINANCE AUTHORIZING THE CITY OF ENGLEWOOD, COLORADO TO ENTER INTO TWO LICENSE AGREEMENTS AND TWO TEMPORARY CONSTRUCTION EASEMENTS LOCATED NEAR THE MCLELLAN CITY DITCH PUMP ST A TION AT THE GREEN VALLEY TURF FARM BETWEEN CENTENNIAL WATER AND SANITATION DISTRICT AND THE CITY. (ii) ORDINANCE NO . 7, SERIES OF 2002 (COUNCIL BILL NO . 5, INTROD UCE D BY COUNCIL MEMBER GARRETT) AN ORDINANCE AUTHORIZING THE LEASE OF BUILDING SPACE LOCATED AT 3629 SOUTH FOX STREET BY THE CITY OF ENGLEWOOD . ( c) Resolutions and Motions (i) AGREEMENT WITH ARTIST DAVID GRIGGS FOR COMPLETION OF THE TRAMMELL CROW PARKING GARAGE ART WALL. Vote results: Ayes : Council Memben Nabbolz, Garren, Woloayn, Yurchick, Grazulis, Bradahaw • t •. .. ' • • EnaJcwood City Council February 4, 2002 Paae 10 N ays : A bsent: The motion carried . II. ReaalarApnda None Council Member Moore (a) Approval ofOrdimnccs on Fint Rndin& (i) A recommendation from the Comnmity Development Department to adopt a bill for an ordiaucc autborizin& a temporary reduction in die City's Admiuion Tax wu received. COUNCIL MEMBERGAIIDTr MOVED, AND IT WAS SECONDED, TO DERR AGENDA ITEM 11 (a) (I)-COUNCIL BILL NO. 3 -TO THE REGULAR MEETING Oli' RBRUARY 19, JNJ. Ayes: Nays: Ablcnt: The motion carried. Council Mcmbcn Nabbolz, Garrett. Wolosyn. Yurcbick, Onzu1is, Brldlbaw None Council Member Moore L Mayor Bradshaw explained that it waa moved forward to February 19* bcca111e February 11• ii a holiday . (ii) Senior Manaacr Danncmillcr pmcmcd a recormncndation tiom die Comnamity Development Dcputment to adopt a bill for an ordinance vacatiJl& a utility caNmeDt loc:atDd in die 2700 block of Soudl Elaci Street . Ms . Daoncmillcr advised that this would be for die COIIIIIUCtion of die Lipa Rail RTD mainlemncc facility over die caement. The utilities that are in die cuma1 aMIIIIIII are bcina relocated at RTD's expcme. Thia is jut die vacation of a lllility cuemeal, she uid. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS 51:CONND. TO AnllOW AGDIDA ITEM 11 (a) (II) -COUNCIL BILL NO. 6. COUNCIL BILL NO . 6. INTRODUCED BY COUNCIL WOLOSYN A BILL FOR AN ORDINANCE VACA TING A tmUTY EASEMENT LOCATED IN 11IE 2700 BLOCK OF ELATI BETWEEN WEST YALE AND WEST AMHERST BY 111E CITY OF ENGLEWOOD, COLORAOO. Vote results: Aye,: Nays : Absent: The motion carried. Council Members Nabbolz, Garrett. Wolosyn. Yurchic:k, Grazulis, Bradshaw None Council Member Moore (b) Approval of Ordinances on Second Reading No additional ordinances were submined for approval on second reading. (See Aaenda Ji.m 10 -CCllllelll Agenda.) (c) Resolutions and Motions (i) Director GryaJcwicz presented a recommendation from die 0epenue .. of Englewood City Council February 4, 2002 Page II Finance and Administrative Services to adopt a resolution approving supplemental appropriations required for year-end 2001 and supplemental appropriationa for 2002, to cOIJ1IIY with City Charter requirements. He said he would like to point out the two for 2002 . One in the General Fund for 2002 ia a re-appropriation of money that -for the Cultural Arts research project. That could nol be spent in 200 I and ii being re- appropriated for 2002. Alao, in the Capital Projects Fund, the SIS,04S.OO ii the one percent for the contribution for Art in Public Places. The rest are 200 I supplemental appropriatiolll that are mainly for itcml that were either not received or not known during 2001 . After the ~-end boob Mre cloeed, he said, we approached Council with this supplemental. The resolulion -uaigncd a number and read by tide: RESOLUTION NO . 42, SERIES OF 2002 A RESOLUTION FOR SUPPLEMENT AL APPROPRIATIONS FOR THE 2001 AND 2002 BUDGETS OF THE CITY OF ENGI.EWOOD, COLORADO . COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGINDA ITEM 11 (c) (I) • RESOLUTION NO. 42, SIRIES OF 2NJ. Ayes: Council Members Nabbolz, Garrett, Woloayn, Yun:bick, Grazulia,Bradsbaw Nays : None Absent: Council Member Moore The motion canicd. 12. General Dllcllllloa (a) Mayor's Choice ( i) Mayor Bradabaw mninded Council that there would be a 1CJ111 S1udy Sesaion next week, and Council should be prepan,d to stay until about 9:00 p.m. She reminded Council Member Gnzulia that she would be cbairina that meetina, (ii) Mayor Bradabaw thanked lllff'for all the politive anic:lea about CityCcmcr. That was really nice to read over the weekmd, she said. (iii) Mayor Bradshaw advised tha1 if Council bad any itcml they would like to see on the agenda of the School Board/Council dinner meeting on the 2s•, they should act those to City Mmmger Sears . (iv) Mayor Bradshaw said we have Housing Fonam connenta for the next Study Session, and we need to discuss that. In general, I thought ii went well, she said. I learned a lot about the City !hat I did not know previously, she said. (v) Mayor Bradshaw offered kudos to staff reprding the tmdl relay efforts. Everything went very well , she said . (b) Council Members' Choice (i) Council Member Nabbolz said she would lib Council to CCllllribule to Brandy Webb 's request. Mayor Bradshaw said she needs S 1,675 .00, I believe . Englewood City Council February 4, 2002 Page 12 Council Member Nabbolz asked if $500.00 was too much to ult. Council Member Grazulis said Ms. Webb was asking quite a few other people. Mayor Bntdshaw reminded Council that Close Up would be coming up pretty soon, also. Council Member Garmt said Council bas to make some detenninalions, since they have turned some things down in the put, where individuals were looking for support. We have to decide which things are worth supportina and which things we do not. Mayor Bradabaw said we do not have a policy on that, but she said she agreed with Council Member Nabholz. It sounds worthwhile and I could go with, maybe, $200.00. Council Member Nabholz felt that anything would help. Council Member Grazulis said there are usually quite a few people who are invited to go to thi1, about two dozen, so allow for things like this to come up. Council Member Garmt commented that, if they gave $200.00 each, that would be $4,800.00. Council Member Grazulis said that does not even include what might happen this year for school.' Council Member Wolosyn said every other time someone has come forward, we have politely declined. If we are going to do it at all, I would suggest $50.00, if she is going to lots ofbusincues. Mayor Bndshaw said maybe $150.00. Council Member Garmt said he was thinking $50.00, because, in faimeu, we would almolt have to give to everyone who Ilka for this particular conference. Council Member Grazulis said yes, or for anything similar. Mayor Bradshaw said she understood what they were saying. , Council Member Grazulis asked if they should stipulate where the money goes, if Ms. Webb does not attend . Council Member Garrett said it would be contingent upon her going . Mayor Bradshaw asked ifS50 .00 was Council's consensus. Everyone agreed. An unknown penon offered suggestions from the audience. Mayor Bradabaw adviaed that she appreciated bis input, but the time on the agenda for that was earlier, and that there would be DO public comment at this time . COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO CONTIU8UTI: $51.11 TO BRANDY WEBB, CONTINGENT UPON HU RAISING ALL OF 111:R nJND8 NUDED FOR HER TRIP TOW ASHINGTON D.C. Ayes: Council Members Nabbolz, Garrett, Woloayn, Yurcbick, Grazulis, Bradabaw Nays : Nooe Absent: Council Member Moore The motion earned. Englewood City Council February 4, 2002 Page 13 (ii) C-Ouncil Member Garrett advised that be -.ild not be in encudMce al the February 19, 2002 City Council meeting. 13. City Muapr'1 Report City Mamgc..'I' San did not have any natten to brio& before Council. 14. City Attoraey'1 Report City Attorney BIOCZmln did not have any matten to briDa before Couacil. 15. Ad..,._. MAYOR BRADSHAW MOVED TO ADJOURN. The meeting wu adjourned at 8:45 p.m. ~<}cUte. Cityaer;' 1. 2. 3 . 4. 6 . 7 . Call to order. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, FEBRUARY 4, 2002 7:30 P.M. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 Invocation. ))~ Pledge of Allegiance. a. Boy Scout Troop ~ will present the colors. Roll Call. Minutes. a. Minutes from the meeting of the Regular City Council Meeting of January 22, 2002. Scheduled Visitors. (Please limit your presentation to ten minutes.) ~ t::;tJ:J:tr~-~F?i~~~eu.~. Communications, Proclamations, and Appointments. A resolution appointing David Anderson to the Englewood Transportation Advisory Committee. A reso lution appointing Jeff Balcer to the Englewood Board of Adjustment and Appeals. A resolution appointing Bill Belt to the Englewood Code Entorcement Advisory Committee. • • Englewood City Council Agenda February 4, 2002 Page 2 i,lro d. _g.,-,.l-1\ e . ~--ti) f. ~~~ g. -R-·t1t h. ' ~ ~-~i. ~~11,,i- ~~1'1 k. ~~~p . .Rvof~ q . ~t)4r. A resolution reappointing Jennifer Bippus to the Keep Englewood Beautiful Commission. A resolution appointing Tom Bums to the Englewood Urban Renewal Authority. A resolution reappointing Jill Carlston to the Englewood Board of Adjustment and Appeals. A resolution appointing Joe Christie to the Englewood Transportation Advisory Committee. A resolution appointing Jonathan Crowell to the Englewood Code Enforcement Advisory Committee. A resolution appointing C. J. Cullinan to the Englewood Public Library Board. A resolution appointing Gary Dounay to the Englewood Transportation Advisory Committee. A resolution reappointing Jacqueline Edwards to the Keep Englewood Beautiful Commission. A resolution appointing Samara Ferber as an Alternate Member to the Englewood Board of Adjustment and Appeals. A resolution reappointing Samara Ferber to the Keep Englewood Beautiful Commission. A resolution reappointing Ronald Fish to the Keep Englewood Beautiful Commission. A resolution reappointing Austin Gomes to the Enslewood Parks and Recreation Commission. A resolution appointing Betty Goosrnan to the Enslewood Transportation Advisory Committee . A resolution reappointing Chuck Habenicht to the Englewood Water and Sewer Board. A resolution appointing Christopher Hanson to the Keep Englewood Beautiful Commission. A resolution reappointing Selwyn Hewitt to the Malley Center Trust Fund. A resolution appointing Barbara Hodge to the Englewood Transportation Advisory Co mmittee. P1we noc.: If you ..... ......, ...... ...., .W. .......... ...,..a;&: JP 1 ••• (303-762-24115)11' ....................................... ,.... Englewood City Council Agenda February 4, 2002 Page 3 i .... ~~1 u. ~,.$ V. ~~_1-.,, w. f.J}t~ ']) x. I ~.t31 y. .g,,i~ z. ~~aa. f/.~ bb. ~~~cc. V1r-dd. .f.,,,~?,'1 ee. g,,.ljtt . i.J.f\gg . r./.*1hh. ~~41 ii. A resolution reappointing Gary Kasson to the Englewood Firefighters' Pension Board . A resolution reappointing Jo Lay to the Englewood Election Commission . A resolution appointing Cinda Losee as an Alternate Member 'to the Englewood Transportation Advisory Committee. A resolution appointing Onda Losee to the Keep Englewood Beautiful Commission . A resolution reappointing Bill McCahill to the Englewood Code Enforcement Advisory Committee . A resolution reappointing Steve Neyer to the Englewood Parks and Recreation Commission. A resolution appointing Kent Nicholas to the Keep Englewood Beautiful Commission. A resolution appointing Linda Olson to the Keep Englewood Beautiful Commission. A resolution reappointing James Phelps to the Englewood Police Officers Pension Board. A resolution appointing Don Roth as an Alternate Member to the Englewood Planning and Zoning Commission . A resolution .ippointlng Dennis Schum to the Englewood Planning and Zoning Commission. A resolution reappointing Mitch Waldman to the Englewood Parks and Recreation Commission. A resolution appointing Judy Wallace as an Alternate Member to the Englewood Urban Renewal Authority. A resolution reappointing Carl Welker to the Englewood Planning and Zoning Commission . A resolution appointing Brandon Williams to the Englewood NonEmergency Pension Board . Englewood City Council Agenda February 4, 2002 Page 4 jj. Recognition of Englewood's nominees for the Metropolitan Mayors and Commissioners Youth Awards. i. Roxanne Abell, a student at Sinclair Middle School. ii. Darren Abney, a student at Humanex Academy. iii. Diana Bueno, a student at Englewood High School. iv. Lorena Cuarenta, a student at Englewood High School. v. Jolene Cunningham, a student at Colorado's Finest Alternative High School. vi. Joslyn Davidson, a student at Colorado's Finest Alternative High School. vii. Dustin Dougherty, a student at Humanex Academy. viii. Ana Edmondson, a student at Colorado's Finest Alternative High School. ix. Tiffany Evans, a student at Colorado's Finest Alternative High School. x. Deanna Goorman, a student at Colorado's Finest Alternative High School. xi. Angela Johnson, a student at Colorado's Finest Alternative High School. xii. Natalie Lovato, a student at Colorado's Finest Alternative High School. xiii. Jahaziel ~cias, a student at Englewood High School. xiv. Guillermo Maldonado, a student at Englewood High School. xv. Sara Mcleod, a student at Colorado's Finest Alternative High School. xvi. Brittany Moore, a student at Sinclair Middle School. xvii. Abdou N' dir, a student at Englewood High School. xviii. Andy Nguyen, a student at Humanex Academy. xix . Lindsey Sneed, a student at Colorado's Finest Alternative High School. xx. Chirstina Snyder, a student at Flood Middle School. xxi. Tracy Welch, a student at Colorado's Anest Alternative High School. xxii. Cecilia Woods, a student at Colorado's Finest Alternative High School. xxiii. Chalmer Cody Wren IV, a student at Humanex Academy. xxiv. Sheri Yoke, a student at Humanex Academy. xxv. Arta Zymeri, a student at Englewood Hish School. kk . Brief Reception . 8!05 ~ <fj:x;> ~ l'leaenoer. If,-..... ......, ..... ~ ............ ...., .. Cllp.,. .. (303-7'2•2405) ................ ., ......... _...r.c ..... ,_ Englewood City Council Agenda February 4, 2002 Page 5 9 . Public Hearing (None scheduled) .P 10. Consent Agenda. a. b. Approval of Ordinances on First Reading. ¢ Approval of Ordinances on Second Reading. i. Council Bill No. 4, granting two license agr~ments and construction agreements with Centennial Water and Sanitation District for valve installation on the Mclellan 31" Raw Water Line. Council Bill No. 5, approving a building lease for 3629 South Fox Street, Unit B, for use by the Professional Standards Bureau and the Evidence and Property Section of the Department of Safety Services. c. Resolutions and Motions. i. Recommendation from the Community Development Department to adopt ~-a~approving an agreement with artist David Griggs for completion of the Trammell Crow Parking Garage Art Wall. STAFF SOURCE: Lauri Dannemiller, Senior Manager. 11. Regular Agenda . • I • f}-a. Approval of Ordinances on First Reading. ~-j~ Council Bill No. 3 • Recommendation from the Community Development 1-,,r:-;. · . /1 ;I' Department to adopt a bill for an ordinance authorizing a temporary ,;,;. ~ ' reduction in the Oty's Admissions Tax. STAFF SOUICE: Jan )oiaaon. IZ) 'fJ ( , 0 Businesa and Redewelopment Coonlnator. . ., Council Bill No. 6 -Recommendation from the Community Development Department to adopt a bill for an ordinance vacating a Utility Easement located in the 2700 block of ~_eneral Iron Works uJ MJ()i ~i. ~/~ b. property). STAFF SOURCE:~ Manager. Approval of Ordinances on Second Reading. ~ c . Resolutions and Motions. i. Recommendation from the Department of Fi~e and Administrative i '"t""' requ ired for Year-End 2001 and Supplemental Appropriati 2 to , I 'l. Services to adopt a resolution approving Supplemental~- i a,l/J · comply with City Charter requirements. STAFF SOUi GI ,1,iawicz. ) Director of Finance and Administrative Senices. ,._...,. lf,-1-.a.....,_. ... ....,_. ....... ,t , .. •a, FT al (303-7'2-2405)• ........... .._..,.._ ....... ..a& n t,-. : Englewood City Council Agenda Febru ary 4, 2002 Page 6 12. General Discussion. 13. 14. a. Mayor's Choice. b. Council Members' Choice. City Manager's Report. {J City Attorney's Report. ~ Adjournment. _ ~; t../6 /h11 The following minutes were transmitted to City Council between January 18 • 31, 2002: • Englewood Planning and Zoning Commission meeting of January 8, 2002 llilila•t,....,_. • ..._,, la1fa m-, la• I - I. Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Rqular Session January 22, 2002 Sa The regular meeting of the Englewood City Council was called to order by Mayor Bradshaw at 7 :30 p.m. 2. I.avocation The invocation was given by Council Member Nabbolz. 3. Pledse or Allepance The Pledge of Allegiance was led by Mayor Bradshaw. 4. RoUCall Present: ~t: A quorum was present. Also present: 5. Minutes Council Members Nabholz, Moore, Grazulis, Garrett, Wolosyn, Yurcbick. Bradshaw None City Manager Sean City Attorney BIOIZJDU Assistant City Mauger Flaberty Dq,uty City Clerk White City Oerk Ellis Public Information Officer l')mcerelli (a) COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS Sl:CONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JANUARY 7, 2002. - Ayes: Nays: Absiain: Mouon carried. 6. Scheduled Visiton Council Members Nabbolz, Moore, Garrett, Wolosyn, Grazulis, Bradshaw None Council Member Yurcbick (al Representatives, from the organizations receiving Aid to Other Agencies funding from the City of Englewood, were present to accept their checks . Mayo r Bradshaw presented a c heck to Selwyn Hewitt for !he Arapahoe Philharmonic. Mr . Hewitt sud he appreciates this as every little bu helps . He thanked Council. ' Englewood City Council January 22 , 2002 Page 2 Mayor Bradshaw presented a check to the representative of Court House Inc. The representative stated that on behalf of the Board of Directors, and the children and the families that we serve, thank you very much. Most of our children have been abused in some manner. We worked with over three hundred and fifty children last year, she said. Mayor Bradshaw presented a check to the representative of Doctor's Care. The representative thanked Council and noted that Doctor's Care appreciates Englewood's support. Mayor Bradshaw presented a check to the representative of the Englewood Cultural Arts Center Association. The representative thanked Council for their support. We sincerely appreciate it, he said. Mayor Bradshaw presented a check to the representative of the Englewood High School After Prom. The representative thanked Council on behalf of the Englewood High School student body and the After Prom Committee for giving the students a safe place to go after the Prom. Mayor Bradshaw presented a check to the representative of the Englewood Southsiders Special Olympics Program. The representative, accompanied by two members of the program, accepted the check and thanked Council. This really helps he said. Mayor Bradshaw presented a check to the representative of the Gateway Battered Women's Shelter. The representative thanked Council on behalf of the Gateway Battered Women's Shelter and the women they serve. Mayor Bradshaw presented a check to Vincent Atencio for the lnrer-Faith Task Force. Ms. Bradshaw thanked Mr. Atencio for everything they do for our community. Mr . Atencio thanked Council. On behalf of our Director. Sandra Blythe-Peay, who couldn't be here tonighl, we want to thank you for the support yo u have given the agency over the years, he said. This is Inter-Faith's 34111 year of providing service to the area and. he said. like all the other non-profits we have been hard bit in light of the September 11 111 tragedy. Our donations in the month of December have decreased to less than a third of what they have been in previous years . So, he stated. the mom:y the City provides, which has always been generous, is greatly appreciated. Mayor Bradshaw presented a check to Jan Andrus for Meals On Wheels. Ms. Andrus thanked Council. Mayor Bradshaw presented a check to Susan Beckman for the Metropolitan Mayors and Commissioners Youth A wards . Ms. Beckman said. on behalf of the Board of County Commissioners and our staff at Arapahoe County, she would like to thank the Englewood City Council for recognizing our participation in this wonderful , wonderful, organization. This organization holds a very special place in my heart, she said, as I know it does many of you on the Englewood City Council and it is the least we can do to recognize the kids in the metro area that have overcome such tremendous diversity . The Conunissioners would like for me 10 pass on that it is one of the mos t rewarding things we do and Arapahoe County plans to stay very active in this organization. Mayor Bradshaw presented a c heck to the representative of Up Close and Musical. The representative stated that, on behalf of the Board of Directors and the musicians of Up Close and Musical, she especially wa nt ed to thank Council so much for this grant. Your generosity over the past two years has helped us to broaden our activities in Englewood. she said. This spring our musicians will present four programs at :Vfaddox and Clayton Elementary Schools. All perfonnances will feature oew music created by our composers. s pectfi ally to enhance. through the schools. a focus on African art. Prior to that, on March 11 ... nght here m the atnum. there will be a collaborauon with the En11lewood Cultural Ans Center. the Museum of O utdoor Ans and Englewood's Parks and Recreation Dq,arnnen1. in prnenting a concert. We look to seeing everyone at that performance, s he said.~ a11a1n. thank you for your support. ' • • Englewood City Council January 22. 2002 Page3 Mayor Bradshaw noted that , again. the need was much greater than our budget would allow. I think, she said, that the Council as a whole felt it was important that we give within our conununity, because those resources have been so drained. Mayor Bradshaw encouraged those who did apply, and weren't funded, to please tty again next year. 7. Unscheduled Visitors (a) Andy Lewis thanked Council for allowing him to speak. I have lived in Englewood for sixteen years, he said, and I have a business here and I am raising a family. My son Colin Lewis attends Maddox Elementary School and three years ago he was diagnosed with autism, as are about one in two hundred and fifty children these days. I became involved with the autism community shonly after his diagnosis . In about August of last year, he said, I was asked to serve on the Board of Directors of the Colorado Chapter of the Autism Society of America. So I have served in that capacity for about a year and a half. I shoved some quanerly newsletters under the door last Monday night after your meeting, he said, just to give you an idea of what we are about. I'm not sure if you got them Mayor Bradshaw said yes, we did. Mr. Lewis said the reason he wanted to speak to Council tonight was because, without fanfare , our office has relocated to Englewood. So now the Staie office of the Autism Society is located in Englewood and I just thought you would want to know, because you love this place just as I do. Having said that, he said, I am sure you know what is coming next. Since September 11 '\ of counc, we arc as strapped for funds as all of the 50l(c) (3) 's are and I wouldn't want to miss the opponunity to ask for some help. I don't really have anything else that I need to say to you. I would love to answer any questions you might have about the Autism Society or what it does, he said. You may not be aware, be said, that Colorado is, I believe, 44•h in the countty in terms of providing services for children with disabilities, autism in particular. What we are running into, he explained, is the TABOR Amendment, which limits State spending. My son qualified for what they call the Model 200 Medicaid Waiver when he was six. At that time the waiting list for services was seven years. Now, a year and a-half latei:, he. is still seven.years back. _This is.thanks to our friend Douglas Bruce, whose good intentions had all kinds of effects that weren't intended at the time. So, he opined. Colorado is bad. Whal we tty to do is lllke up the slack in ways that the public sector in Colorado does not. But it is really hard. We are all volunteers, we arc all strapped for time and we all have children with disabilities . We do what we can as pan of the organization and as individuals. I don't know if that helps you understand what we arc about, he said, or if the newsletters help. There is a woman from Littleion who has furiousl~ been writing grants for about six months and the hope for funding pretty much dried up on September 11 . Just recently in the paper, on the editorial page, there was a colunm that talked abou1 how the chari1ablc organizations are having such a terrible time. There is only so much money to go around . I'm not here necessarily to plead for money, but I might as well do that while I am here. My main purpose in being here is to let you know we arc here and if the rest of the community finds out about us, by whate ver means, I think it would be a nice point of pride for our City. I am proud, be said, and I hope Counc il is too . Mr. Lewis thanked Counc il for the beautiful C ivic C enter. I was talking to Mr. Scars earlier, he said, and telling him how much my li ttle boy loves the fountain, the trees, the lights, the light rail station and the elevat or. I do 100 . I am really proud o fi1 and pleased wi1h ii , he said, as a resident of Englewood. Mayor Bradshaw thanked M r. Lewi s. Communications. Prodamations and Appointments ( a) A proc lamation honoring Englewood resident Betty Maneney on the occasion of her 90• birt hday was consi dered. C O UN CIL MEMBER NABHOLZ MOVED. AND IT WAS SECONDED, TO APPROVE A PROC LAMATION HONORING BETTY MARTENEY ON THE OCCASION OF HER 90TH BIRTHDAY. • • • Englewood City Council January 22, 2002 Page4 Ayes: Nays : Motion carried. Council Members Nabholz, Moore, Garrett, Wolosyn, Yurchick, Grazulis, Bradshaw None Mayor Bradshaw noted Ms. Maneney is in Council Member Moore's District and she asked ifhe would make sure Ms. Marteney got the proclamation from Council. Mr. Moore said yes, I will be seeing her this weekend. Mayor Bradshaw thanked Mr. Moore. (b) A proclamation saluting the 2002 Olympic Torch Relay and honoring the torchbearers who will pass the torch to one another in Englewood was considered. Mayor Bradshaw stated this is the most exciting part. She said I never thought I would ever see the Olympic Torch going through our community, let alone going almost completely through our community. Ms. Bradshaw advised that we have all but three of the torchbearers who are going to be carrying the Olympic Torch, plus we have two torches here and Ms. Puncerelli is going to help me with this. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION SALUTING THE 2002 OLYMPIC TORCH RELAY AND HONORING mE TORCHBEARERS WHO WILL PASS THE TORCH TO ONE ANOTHER IN ENGLEWOOD. Ayes: Nays: Motion carried. Council Members Nabholz, Moore. Garrett, Wolosyn. Yurchiclc, Grazulis, Bradshaw None Mayor Bradshaw read the proclamation in its entirety. The torchbearers came forward and Public lnfonnation Officer Puncerelli introduced them as the torchbearers . They were given a round of applause . Mayor Bradshaw introduced each torchbearer and gave them a copy of the proclamation and a City pin. Each torchbearer was given the opponunity to explain why they were nominated. Mike Shaw noted this is a neat thing and he wanted to congratulate the City of Englewood Mayor and City Co unci l. You have done a great job, he said. I acnially have had a very unique experience, he said, as a ve ry good friend and customer of mine found out that Chevrolet Motor Division was sponsoring this and he wanted to nominate me for the community work that I do in Denver and the surrounding counties. I never did see the proclamation. he said. After he called me I told him I would need to make sure this would be okay as I am a Chevrolet dealer . So I called Chevrolet and explained that somebody wanted to nominate me as one of the torchbearers. They said it was really not a problem. Mr. Shaw said he called him back and told him it was okay on one condition. he would not put down that he was a Chevrolet dealer so he wo uldn 't ha ve any advantages. 1lu11 is really kind of a fun story, Mr. Shaw said, but what I didn't tell him that I was on C hc,'Tolet 's nanonal council and took pr.It in making the decision for Chevrolet Motor D1v1sion to sponsor this, because it is a lot of money and a big thing and a special thing to have in this country. So . he sai d. that 1s kind of it in a nutshell . Mr . Shaw received a round of applause. ~·lichael Watts said he was nommated by his wile as the person who was most inspirational m her lite. T hat 1s pretty much a ll I know about 11. he said. because I didn 't get 10 sec mine either . What I did get to see was about two se ntences. Mr. Watts received a round ofapplause. t . .. .. • • Englewood City Coundl January 22. 2002 Pages Kyle Stubbs said he also thinks this is just wonderful, that Counc il in vited us all here. This is just really very heartwanning and a tremendous honor. 1 was nominate d by my oldest brother and family and friends , he said, and I didn 't even know I was nominated until 1 was chosen. So it was a complete shock and surprise. 1 am looking forward to this and thank you, he said . Mr. Stubbs received a round of applause . Michael Duarte said he also considers this is a tremendous honor. 1 was nominated by my brother, he said, as I was an inspiration, 1 guess. as an Eagle Scout and a Boy Scout leader and also as a school teacher. I dido 't know about it until 1 got the paperwork in the mail and 1 was just in shock, so to spcalc, and speechless. 1 am truly honored and looking forward to the 31 ". He offered bis thanks . Mr . Duarte received a round of applause. Charles Kastens said he was nominated by several of bis former students. 1 am currcndy a fifth grade teacher in north Aurora . As a teacher, he said, 1 always look for lessons to teach, but this bas been a lesson that I have been able to learn . Because, he said, when 1 was seven years old the Olympics were in Lake Placid, the torch went right by my grandmother's house . We drove to a couple of places to watch it again and it has just been one of those lifelong dreams to be able to cany the torch. When 1 found out that 1 was going to be able to do it , he said, it was such a thrill , because now I can tell my students the lesson that 1 have learned is that you always have to bold onto your dreams, because you don't know bow long it will take to accomplish them He thanked Council for inviting him bcrc tonight. Mr. Kastens received a round of applause . Geoff Goodman said he would like to take a moment to tell everyone about bis personal paaaion and that is that everyone should have a personal exercise program This is something that is difficult for some people, for people who have disabilities and, in panicular, poor people who have disabilities. I have bad the opportunity to work with people in that situation at the Denver Health Medical Cenrer, be said. I have worked to put together an exercise proaram for some of those folks and 1 have done it for five years. We have had about 450 people go through that program We teach Chinese exercises and we hope that is something that will stick with the people and helps with their lives . They have cer1ainly influenced my life, he said. and 1 am thankful for that opportunity. 1 want to thank you all for inviting us here and for the proc larnation. 1 am sure looking forward to the 31 ", he said, and I hope some of you have an opportunity come out too. Mr. Goodman received a round of applause . Christopher Chappell advised that he was nominated by City Group. 1 work for Salomon, Smith and Barney in Englewood, Colorado, he said. 1 was nominated by City Group in a6out August ofthis year, I guess because 1 came back to work pretty quickly after an accident twenty IDDlltba ago . I have just tried to get on with my life , with the help of the support system of Craig H01pital. I try to support a lot of local organizations to promote spinal cord injury research, fund raising, advocacy and awareness, be said. 1 am very honored, privileged and proud to be an American, be said and to be participating in this Olympic Torch event. He thanked everyone for their support. Mr . Chappell received a round of applause . Kimberlee Gillham sai d she was nominated by her mom who thought she was an inspiration through high sc hool and in athletics. I lenercd eleven times here at Rangeview High School, a local high school. Also, she said, amazingly enough. I have a sister who ran the torch in Athens, Georgia. Her sister was nominated by a co-wo rker . She was recently diagnosed with multiple sclerosis and she is buically fighting for those recently diagnosed. Ms . Gillham received a round of applause. Sean Montgomery thanked City Council for having them here tonight and Ms . Puncerelli for orpnizing this . I also was nominated by my mother. he said . As a child I bad severe asthma and it wun't until 1 receiv ed 1h15 norrunanon that 1 remembered bow hard 11 wu to tight for my breath. lromcally enough. be said. ever smce r.ece1vmg 1h1s honor I have taken up running and 1 run with my older sister. 1 really realize how much! love it and I don 't take my breath for granted. Amazingly enough. 1 too have a sisier who is running and I have a sister who ran in Athens, Georgia. My older sister is standing right here nut 10 me •, • ' .. • • Englewood City Council January 22. 2002 Page 6 and is going to pass the flame to me when I run in Englewood. So, he said, thank you again. Mr. Montgomery received a round of applause. Annely Nobel said she would just like to say thank you. I feel I am running for everyone here. I'm here because of my wonderful husband, she said. who actually made up a flyer and sent it to everyone I think I have ever met in my whole life and to a woman I have known for over 20 years who nominated me from Florida. The reason is that I am a volunteer with children. I am incredibly nervous right now, she said, but if I just think of you all as middle schoolers then, really, it is not too bard. For the last seven and a half years we have lived here in Colorado. she said. I have been very active with middle schoolers and high schoolers and I have started coffee houses and kid"s clubs to keep children active under parental guidance or supervision. Because, she said, I think children who are busy and productive will go on to become very good citizens of the community. Additionally, in this letter, my friend brought up the fact that I have fibromyalgia, so exercise is very essential in my life and it is very beneficial. If I don't do it then I feel prerty bad and if I do do it then I feel much better. So it is for those reasons that I am here and I have to give my husband even more kudos, because he takes better care of me than I take care of myself. I would like to thank him, especially, for the opportunity to be here, she said. Ms. Nobel received a round of applause. Gayle Bush said I too would like to thank the Englewood City Council for having us here. I was nominated by my former srudents. I am a retired Georgia schoolteacher and I taught for 30 years. I moved here because my nephew lived here and he was becoming a father and asked me, as I helped raise him, if I would help raise his son. So I moved here and I am still teaching, so I have started my second 30 yean. So I have been teaching 35 years now. Ms. Bush received a round of applause. Michael Kirby said be wanted to thank everyone for having us here. I was nominaled by my daugbrcr, he said. I was given a 6% chance to live five and a half~ ago. I have non-Hod&lrin's lyiq,bo~ I went through fifteen rounds of chemotherapy, I went through twelve surgeries and I bad a bone marrow transplant. All went well for three years, then the cancer returned and I had my, second bone murow transplant about rwo years ago. I am only one of five people who have bad that. I haven·t been sick a day, he said, since my older brother was a perfect match. I have been very fortunale. They told me it would take a year and a half to two years to recover. I have been very, very fortunate aa I waa able to go back to work within a month and resume full activities and coaching my son· s soccer and basketball teams . I am very fonunate, he said, and I want to lhanlr. everyone. Mr. Kirby received a round of applause. Virginia Ferraro said she was nominated by one of her best friend's, her oldest daugbrcr. She is acrually a graduate of one of your fine schools in Englewood, St. Mary's Academy, where they obviously taupt her 10 write very dynamic essays. rm very humbled by this experience, she said. and very proud. I think this was her way of thanking me, little old mom, as the mother of four children I did a lot of driving with the four kids to get them to swim activities, private school, academic activities, to help them reach their goals 1hat we helped them se t for themselves and to realize that they can attain goals. She is a graduate of Johns Hopkins University and swam in school. as did some of my other children. It is a family commitment. as a lo t of you know to help kids reach their goals and the hope is that they will then give back to their community through what you have been able to teach them. So, thank you for this opportunity, she said. M s. Ferraro received a round of applause, C herie Varney said 1 am a nervous wreck. I was nominated by my sister who works for Burt Chevrolet. She nominated me because I have been a runner since I wu in elementary school and when I CIIICred bigb school I staned to have a lot of problems. I bad to have three major surgeries on my lep, she said. It was enher have the surgery or I could have an 1111t11rY5m and die or they would have to amputate bod! legs. So. afte r 1hc surgenes :ind alter :i lot ofrehab1hr.mon they told me I probably wouldn't ever be llble to run. But I ull run 1oday, s he said. :ind that is .vhy my sister picked me. Ms. Varney received a round ofapplawe. t • • En&lewood City Council January 22, 2002 Paae7 Marilyn Nobel said I ride 100 mile bike rides for the Leukemia Society and I'm also involved in Race for the Cure . Actually, she said, I was not nominated. I nominated my siJter who is a breast cancer survivor and they selected her to do a segment in Phoenix, which she did a couple of weeks ago. I received a letter in the mail saying we would like to offer you this opportuniry too . So it was really unexpected and really surprising and I am thrilled, she said. She offered her thanks. Ms. Nobel received a round of applause . Linny Pretekin said I am a physical therapist and I run a chocolate chip cookie business. Running with the torch has been a dream of mine, she said, since I was a little girl. In fact, last year for my birthday my friends made a torch for me and they had me run through the City of Vail with my torch to make my dream come true. Then my incredible husband nominated me and I was chosen. I am so exciled. she said, and it is true, dreams can come true . I think since September 11 111 these OIYIJllics have become very, very important to our nation. It is something uplifting, peaceful and unifying. I am so proud to be a put of this this week. Ms . Pretckin received a round of applause. Ms. Pretekin gave Council a box of her cookies. Mayor Bradshaw thanked everyone and said we will be cheering you as you go through our City. We really appreciate you taking the time to come here, she said. Ms. Bradshaw stated for those of you in the audience, Thursday, January 31 •, &om 8:45 a.m to 9:30 a.m, the torch relay enters Englewood at University and Dartmouth, then heads IOlllb on University, west on Hampden (U.S. 285), and south on Broadway. She said 2002 red, while and blue halloons will be relaled at Han¢cn and Broadway when the torch passes by . She said the City, Englewood's public and privale schools, the Englewood Chamber of Commerce, Burt Chevrolet, Swediah Medical Cemcr ud Craia Hospital have all been collaborating on plans to get the torchbearers on January 31 •. 9. Public Hearin& - No public bearing was scheduled before Council. 10 . Coment A&enda COUNCIL MEMBER GAIUll:TT MOVt:D, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (I), and (U). AND 18 (b) (I) ud (U). (a) Approval of Ordinances on Fint Reading (i) COUNCIL BILL NO . 4, INTRODUCED BY COl!NCIL MEMBER GARRETI A BILL l AN ORDINANCE AUTHORIZING THE CITY OF ENGLEWOOD, COLOR.ADO TO ENTER INTO TWO LICENSE AGREEMENTS AND TWO TEMPORAllY CONSTllUCTION EASEMENTS LOCATED NEAR THE MCCLELLAN ClTY DITCH PUMP ST A TION AT 11IE GREEN VALLEY TURF FAR.i\.1 BETWEE N CENTENNIAL WATER AND SANITATION DlSTRICT AND THE CITY. (ii) COUNCIL BlLL NO . 5. INTRODUCED BY COUNCIL MEMBER. GAR.RETI A BILL FOR AN ORDINANCE AUTHORIZING THE LEASE OF BUILDING SPACE LOCATED AT 3629 SOUTH FOX STREET BY THE CITY OF ENGLEWOOD . (b) Approval ofOrdmances on S«ood RCldma (1) O RDINA1 CE, 0 . 4, SERIES OF 2002 (COUNClL Blll NO . I, l"-'T RODUCED BY CO . IL MEMBER GARRETI) Enclewood City Council January 22. 2002 Page8 AN ORDINANCE AMENDING TITLE 12, CHAPTER 18, SECTION 4 , 5, 6 AND 7; TITLE 12, CHAPTER I , SECTION 4 AND TITLE 12 , CHAPTER 2, SECTION 4 , PERTAINING TO THEW ATER AND SEWER SECTION. (ii) ORDINANCE NO. 5, SERIES OF 2002 (COUNCIL BILL NO. 2, INTRODUCED BY COUNCIL MEMBER GARRETT) AN ORDINANCE AMENDING TITLE 12, CHAPTER 2, SECTION 4, OF THE ENGLEWOOD MUNICIPAL CODE 2000 PERTAINING TO PRIVATE SEWERS, CONNECTIONS AND REPAIRS REGARDING LIFT STATIONS. Vote results: Motion carried. Ayes: Nays: Council Members Nabholz, Moore, Garrett, Wolosyn, Yurchick, Grazulis, Bradshaw None (c) Resolutions and Motions There were no resolutions or motions submitted for approval. 11 . Rqular A&enda (a) Approval of Ordinances on First Reading There were no additional items submitted for approval on first readiD&-(See Agenda 11ml 10 -Consent Agenda.) (b) Approval of Ordinances on Second Reading There were no additional items submitted for approval on second rading. (See Agenda Item 10 -Consent Agenda.) ( c) Resolutions and Motions There were no resolutions or motions submitted for approval. 12 . General Discussion (a) Mayor's Choice I . Mayor Bradsbaw reminded Cowicil tbat, probably, in the near future. maybe at the fust meeting in February, we need to really take a look at how to proceed witb the holiday parade . She opined that time is of the essence. We heard from someone who is intemted in being a co-chair or chairing . She said she revisited that with that person on Friday night at Colorado's Finest Alternative High School graduation. and that person is still very interested. Ms. Bndsbaw asked Council bow they -to proceed. Council Member Nabholz said we should officially ask him. Mayor Bndsbaw asked if a letter should be p,epared from Council. Council Members Nabholz and Grazulis said yes . Council Member Wolosyn said she felt that Council should have a study session. before sending a letter, to look at the list tbal bas all the tbiags !hat staff does to see exactly what this is going to entail. Mayor Bradshaw said her concern is I wam it to be a grass root community based thing and not run from the Ciry down. It hu to come from different pans of our community . Ms. Bradshaw said that is cnncal. • t .. • • En&lewood City Council January 22, 2002 Page9 Council Member Wolosyn said she thinks we should nail down exactly what we are asking that person to head up. She opined that Mayor Bradshaw had good ideas about getting the conunissions involved. I think there are lots of alternatives, she said. Mayor Bradshaw said she thinlcs we need a member from every commission and maybe we need a letter to go out on that. Council Member Wolosyn said I think we need to talk about it. Mayor Bradshaw agreed, and suggested they plan on the first Study Session in February. 2. Mayor Bradshaw advised that the Westword article Council received had gross inaccuracies in the story and I don't know where they got their information. I'm sad that they arc that misinformed, she said. 3. Mayor Bradshaw said she is also concerned about the K-Mart issue and I would like staff to keep Council up to date as you hear things. She said she thinlcs that is important. 4 . Mayor Bradshaw said on Friday City Manager Sean and I auended the Arapahoe County Mayor and Manager's breakfast and had an update of legislation from Ken Bueche with CML. She said it was very informative. 5. Mayor Bradshaw advised Council that Dennis Schum will be publicly opposing the R.TD maintenance facility . She said be called me over the weekend, be feels that RTD is not concerned with a very dangerous health matter and that is with the toxic soil they will be moving dJrough his neighborhood. 6. Mayor Bmdsbaw thanked City Mamgu. Saa for tbe llafimc maDD. Sm said it was Ra! informative and that it makes sense. but these arc questions we are often uud as Council members, like; bow many staff memben have you increucd with City Cemcr. She said sbe didn't have my qualioos. but 1f any Council members do, let Mr. Scan know. 7. Mayor Bradshaw said the tour of General Iron was very helpful and bup, dial is a buae place, I had no idea it W3S that huge . 8 . Mayor Bradshaw said the Englewood Centennial plumina committee hu a peal stan, but I think they may want to use the Englewood Schools alumnae list that is available from the Administrative building, because we have some pretty famous and energetic folks who graduated from Englewood High School, who could probably help with that. 9. Mayor Bradshaw said the Englewood Library 6,. Annual volunteer recognition ceremony is this Saturday, at 10:00 a.m I 0 . Mayor Bradshaw said she wanted to thanJc the Colorado Finest Alternative High School and Englewood Schools for inviting me to attend the mid-year graduation ceremony last Friday night She said we are so fortunate to have a facility like that in our community. Ms. Bndsbaw said it really makes a difference with young people. when they were reading when some of the studeuls bad started hi&h school m 1996 IIDd bad worked this hard to graduate in 200 I . She opined tllat wu really IIIIIZina - 11 Mayor Bradshaw stated she was mterviewed by James Baetke from the Englewood Hip School P.rateer-statf. She said he requested that a packet be prepared for the hiib school nrwspaper. Just like at as for Tom Munds and the other news media . Ms . Bradshaw said that Leigh ADIi Hoffhines is doin& that now. • t • • Englewood City Council January 22, 2002 Page 10 12 . Mayor Bradshaw said the other thing she wanted to bring up was the automatic proclamations. I think Leigh Ann gave you a list of th05e that we just automatically do and I thought that would help speed things along, so we don't have to bring those up each time. (b) Council Member's Choice (i) Council Member Nabholz: l . She thanked Director Ross for personally coming out to check on her complaint about that sign being cut off about six inches out of tbe ground. The City was out there tbe next day to cut it out and remove it, I really appreciated that. That was really good service, she said. 2. She said she didn't think she would be able to attend Saturday's recognition of volunteers at the Library. But, she said, I would like to say, to all of the hlnary volunteers, lbanlt you for all your time and effort. (ii) Council Member Garrett advised that 1here is a Health Expo, at the Recreation Center on Saturday, for those who want to check their body lat calc:ulaliOIII. (iii) Council Member Wolosyn: I. She noted that on the Agenda, under Council Member's Choice, there ii a resolution supporting the Transportation Funding Package. But, she said, I would like to beck up and ult that Council consider whether or noc we are going to make a $1,000.00 donalioa to the Trmlit AlliaDce. COUNCIL MEMBt:ll WOLOSYN MOVED. AND l'I. WAS SECONDED. TO ALLOCA'.l'J: SJ.011.N FOR TRANSIT ALLIANCE'S LOBBYING ln'ORTS. Mayor Bradshaw called for discussion. Council Member Wolosyo said she bu stated her point of view and she will apin. I would lib to support this effort, she said. RTD bas parity with other lllllllicipalilies and jmildictiom in tbe Sllle ID tab a request for a taX increase to the people without having the Lqislalure okay it fint Sollll:limts I lbink it would be a good thing to have to be accountable right tbere al that lnel, ntbcr tblll die lobbyma lewl. I CID see that as a good thing. Council Member Yurchick opined that the Legislative Process is a aood one when you comider die amount of money involved. h 's the second check and balance on the system and that is the only reuon I will vote no on this one. In response to Counc il Member Garren. Mayor Bradshaw advised that the motion is to IJive $1 ,000.00 to Transn A lliance. Council Member Wolosyn said that is because they want to lobby for that iuue at tbe Slate level. :Vbyor Bradshaw noced that Council Member Wolosyn is in favor ofpvilla $1,000.00 to Trmait Alliance and it wi ll be J ust the one-time shot Ms. Wolosyn said yes. C oun 11 \'1trt1Mr abholz stated she bas concerns W1tb dus . It dunk dlia killd of damtlon J r flmdiDa hould t.i, t been brought up e:u-lier. I have IDIXed emotioal oa bow I will VOie, she said. bowtVff, I suppon the Transit A lli.tnce 11nd I J USt needed to state my opinion oa that. EncJewood City CouncU January 22. 2002 Page 11 Council Member Wolosyn noted this is not the first time Council bas addressed this. Mayor Bradshaw said that is right. Mayor Bradshaw called for the vote. Vote results: Ayes : Nays : Motion defeated. Council Members Nabbolz, Wolosyn, Grazulia Council Members Moore, Garrett, Yun:hick, Bradshaw 2. She asked that Council consider the resolution supponing the Transportation Funding Package. [Clerk's note: This resolution ,was listed on the Agenda as Item 12 (b) (i).] COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 6, SERIES OF 2002. RESOLUTION NO. 6, SERIES OF 2002 A RESOLUTION SUPPORTING THE TRANSPORTATION FUNDING PACKAGE. Vote results: Motion curicd.. Ayn: COUDCil Mcmbcn Nabbolz, Moore, Gmea, Wololyn, Grazulis, Bradahaw Nays : Council Member Yarchiclt 3. She advised that, with Gary Sean and Julie Gruulis, she ancnded tbe 111N1ina of tbe T-ae Drinking Task Force, which is a very large committee of 31 people. I dloupl--.eoff11>apoailiw stan, she said, and that is basically what I want I hope this c:omninee can -it toptber, DOC look bellind, but look to the present and the future to try to ctnte a bet1a' climale to deal widl wbal Im been a very bard thing that our commmity bas had IO deal with in the last year. Sbe coawalled mat all -.itics deal with this, it seems, periodically, but my major thing is IO lteep ii polilive and productive. Mayor Bradlbaw said it appeared that way. Council Member Wolosyn said it wu. ii wu very l()Od. 11-dine pn,apd. she said. with the schools. the City and enforcement, and then other nae aealive _,_ of looltiaa at tbe problem and addressing the kid's issues, which I wu really glad to eee . Sbe llOllld mat C-il Member Grazulis might have other convncnts. Council Member Grazulis stated it was very, very positive. 'There will be a lot of breakout groups duriq this time . I was honored to be there, she said, and the list of people that attended was just incredible, from all sides of the issues and all walks oflife. (iv) Council Member Yurchick: I. He asked for a better map of the Torch IOUle. City Mampr Sean said ya. He noted there are posters that are out by the front door . We will get you a bet1a' 111111, be said. Mr. Yurchiclt llked lbal be leave one in his box. 2. He suggested that Council look imo the request &om the AUIISIII Society It an up and COIIUDIJ Study Session. :'.1s . Grazuhs c oncll1Ttd . Mayor Bradshaw opmed lbat that's a hap perce111qe; -tlnld in every two hundred IIDd fifty . Englewood City Council January 22, 2002 Page 12 3. He held up a Business Development Newsletter and noted it was from the winter of 1998/1999. He said An Scibelli used to send this out to businesses and it covers pretty much all of Englewood. He suggested it might be something that ACE could look at, or run it through Community Development. Mr. Sears said we should be doing that again, you are absolutely right. I don't know why Jan Johnson hasn't followed up on that. That was a nice flyer and I think the businesses really appreciated that, s.i I'll find that out tomorrow. I haven't seen a publication from them for quite a while, he said. 4. He stated he wanted a clarification of the role of the boards and commissions and how they interact with City staff and with Council. He said we might want to come up with some kind of a fonnal hand out or manual, nothing in depth, but something that clearly defines these roles and where the players fit into that. Mayor Bradshaw suggested they also add where staff advisory, to those boards and conmussions, fits in. Mr. Yurchick said if that 's the case then it needs to be clarified. · Council Member Garrett noted that some of the boards and commissions will have new roles that will need to be outlined. For instance, Planning and Zoning is slightly different than what was before them Mr. Yurchick said my concern is that, I think, some of the boards are being led by City staff and the board is not running the board. Mr. Sears said he will work with City Attorney Brotzman and they might put together some kind of recognition with Council and the boards, sometime in March or April and have an interface evening, a tent talk type of thing and we can talk about that at that point in time. Mr. Yurchick said it needs to be specific to each board, about what their function is. Mayor Bradshaw noted that when she was on Council before, we 111Ct every four years and met with every board and commission. or once every two years sometim:s. She said we always met with them Ill a IIJOup at an ice cream social kind of thing. Council Member Wolosyn said a lot of the boards do give a yearly report, they come to the table and tell us what they do. She said she thinks it's part oflbe Cultural Arts Charter that they have to do that. Mayor Bradshaw said that would be another way to change collllllllDication. (v) Council Member Grazulis: I . She stated that Ken Ross's memo from January 14111, regarding the alley trimming was nice, but I have one thing to say about it. She opined if a tree or major limb is going to be removed from somebody's propcny they really should be notified about it. She said I understand some of the minor stuff, that they don ·1 need to notify the people, but it still does belong to the people whether it is in compliance or not. That is just my opinion, she said. 2 . She said the Teenage Drinking Task Force is going to be super, and I hope the results are going to be so posmve. She sa1 J cvcm if we touch one pcrson 's life and it changes something, I just think that is a posiuve role we are all taking . 3. She said she was very interested in reading the report regarding Officer Mitchell at Flood Middle Sc hool and Officer McLennan al Englewood High School. She sa id I think that is wonderful that they ue there , but I st ill think we are forgettmg about Colorado's Finest Alternative High School. Having somebody there , even if u 's Officer McLennan there one day a week. and at Englewood High School four days a week would be great. She said Sinclatr Middle School is not even consadered at all. I wu wondering if Officer Mitchell could do the same tlung, perhaps he could be 111 Flood for three or four days, because the y are larger. and then one or two days at Sinclatr. She said I don·t know how that works into yo ur plan or sc heme of things, but JUSI a cons1deratton or Just something to discuss later. She opined that any mtluenc~ a, all wo uld be posmve. t .. • • Enclewood City Council January 22, 2002 Pace 13 4. She said the General Iron Works tour was just totally awesome . Wilm you take a look inside, I just had no idea of the vast amounts of space under that roof. I was highly impressed and would like to have another go around with pictures. That wu wonderful. She said I wu on the commincc that was helping to choose some of the photographs to be used as an work within our City(:enter 2nd I don't know how it turned out, because I had to leave early to attend another meeting that evening. But, she said, it was really impressive and I hope we are going to get some really fine an work out of that 5. She stated that on the list of upcoming meetings that we receive in our packets, Englewood Historical Society is never listed there. I was wondering if that could be added. City Manapr Sean said yes. Mayor Bradshaw said the Housing Authority isn't either. Council Member Grazulis said sometimes l forget when that's going to be, they have board meetinp also and they have changed the time and the date for those meetings . City Manager Sears said he knows that for a while the Historical Society wu meeting son of infrequemly. He asked if they have more of a pattern of time now . Ms. Grazulis advised that they have a new president, Roger Brown, and be is holding the meetings in the eveninp now . I caanot remember when he said the meetings would be held. Mr . Sean said they would get a bold of him. 13 . City Maaqer's Report (a) City Manqer Sears advised that then ii a meetiaa Tllunday IIIIXlliDa oa an updue oa the T-llEX propanL. COUDCil Member Wollllya will.be ..._ID Im --._Ji,: Mid. adif IDyoac elk wants to So we will meet riahl OUI here. (bl City Manager Sears advued that the next 11111C11111 of the Tceaaae Drinkina Tut Fon:e is next Tuesday night. (c) City M-aer Sears advised that ASA111Dt City M.....-Fllbcny is here ID talk about the historical objeclS that bad been displayed al the fonmr City Hall •. Mr. Flaherty said City Mana1er Sean uked -to pu1 toptbcr-inbwalioa Oii lOIIIII billOrical objects !hat were formerly displayed at the City Hall sile. I listed thole tine objecla in a lllllllllnDdum to Council. he said. and I also listed the proposed dispogition of thole i1e1111. Buically, he said. I would like to ask Counc1l 1f yo u ha , e any quesuons or concerns about the proposal. Mayor Bradshaw said she was just glad we are lookma IDIO our bistorical objecis that were in the old City Hall. l reall ) want tn thank Public orks for salvagm11 them. she sud, 111Ciudin& the Prometheus, the quilt and !he nfle. Council Member Grazulis asked vhere the rifle is localed. Asaistam City M-acr F1abeny advised !bat it IS locaied at the Servicenter. Ms . Grazulis asked ifthete were any plaaa tor lbc rifle. Mr. F1abeny said aot at thlS pomt. but !hat is cenamly somethmg -can look IJIIO, to briaa II to Civic Cemer. Mr . Flaheny adv ised !hat the quilt and the ntlc ue bodl oa clilplay al die Servicemff, but !bat is obviously not a re:il pubhc venue. We can add tb;it to !has hsl as •ell be sud. Council Member Grazuhs noted there were allo -goldm sbovcll. Mr. Flabeny sul he -awue 01 an RTO hovel from the groundbreak.ul& Thal is the oaly oae I am•-of. be said. Englewood City Council January 22, 2002 Page 14 Mayor Bradshaw stated there was one from the CityCenter groundbreaking. Ms. Grazulis said yes, there was one in a frame or behind glass. Mayor Bradshaw said there was a shovel that she thought it might have been from Cinderella City. Ms. Grazulis noted it was an older one. Mr . Flaherty said he would check with the Servicenter and see what they can tum up. Mayor Bradshaw stated she raised this issue with Gary Sean and Mike Flaherty as there have been some concerns expressed by other memben of our conununity. They noted that this is a really nice building, but were did the stuff go from the other building. Mayor Bradshaw opined that it is real important that we make this Englewood's building. At the City of Littleton they hang pictures of all the Council members in the Council Chambers. I just think a lot of people who come to this facility don't know who we are and I think it is important that the conummity recognize their heritage as well, with the quilt and the gun. I love the sepia tone pictures in the Community Development Department that Bob S~ had enlarged of Englewood businesses and things lilte that l think that is what they are doing with General Iron, she said. We have a rich heritage and we need to display it. The Community Room is the perfect place for it as that is where people meet. l appreciate Mr. Siler's an, she said, but enough is enough. in my opinion. Mr . Flaherty stated they would add the rifle to the list of items to be brought into Civic Center and then we can talk about locations. We have to do some worlt with the photos oftbe former mayon and the Diamond Jubilee Quilt, in terms of getting those framed appropriately. Mr. Flaherty said he had indicated a location for the Prometheus Statute in the memo, but he heard today that the Museum of Outdoor Arts is inquiring about the placement of the IClllptures in the sculplUff garden, primarily between the Baily's building and Civic Caller. twu infonmd tuday,.he uid, 11111 tbal miabl wrap around the corner and if that is the case, and if it impacts the location of Prometheus, we may have to move it to the other side of the entrance. We are still looking at that same general location. he said, but on the north side of the entrance, rather than the southeast side. Mayor Bradshaw advised that there is a concern with that statue as it is really sharp. There are a lot of angles on that statue, she said, it is not a smooth statue. I don't really want it placed someplace that a kid could jump off. Mr. Flaherty said it is going to be placed in a landscaped area that rnlly isn't teclmically accessible . Mayor Bradshaw said okay. Mr. Flaherty said he knows that a base will have to be prepared for placement of that statue and we can take that into consideration when we provide the bue. Mayor Bradshaw thanked Mr. Fillherty for taking care of this. She asked if there were any questions or if there were other items to be considered. • •••• Co uncil Member Nabholz noted thac Council received a memo from Mr . Flaherty, in their packet, regarding Englewood's birthday coming up in 2003 . She stated she would like to serve on that committee. Mayor Bradshaw said okay. Ms. Nabholz said she was very impressed with what was in the memo and the guidelines and she would like to serve on that committee. Council Member Wolosyn said she remembered that when she first joined C•.!ltunl Ans 11111 there wu some son of conurunee 1n place. She asked if1t was disbanded. Mr. Flabeny said be wu DOC SUR. We did pull up mmutes from a couple of meetings that were held and it appears tbat a.I of the members of that .:ornrrunee are no lo nger ,vi th the City or with the orgamzations they werr with. I think. he said. that we have one 10div1dual or possibly two mdividuals that :are still connected with the City in -way, Dorothy Romans bemg o ne of those . We would cenainly want to include anybody that CIIITlft O¥ff &om that .:onumnee ::md we could tructure 11 as an e lcmcn1 of the Cultural Arts Co11111115SIOll ifthat's the route • t .. • • • Englewood City Council January 22, 2002 Page 15 Council would choose to pursue. Council Member Wolosyn said tbal is some thing the Cultural Arts Conunission would have to decide. But I think there were some former Council memben involved, she said, and we should check with them for continuity. Mr . Flaherty said we have the lisl of those individuals. Dorothy Romans is the employee tba1 is still connected with tbe City, be said, and I believe tbal the members of the Conunission arc no longer widi the Commission. W c have lboucJu of asking Alex Habenicht, who was on lhat conunittec, to join the new commillec. W c talk about sttw:ture a little bit and we have just thrown out, sort of, some ideas for an executive commillec and we would also have a number of working corruninecs lhat would be involved and we would certainly like Council's suggestions, including who the Council representative would be. I Ulldcrstand, be said, tba1 Council Member Nabholz just volunteered. And also, he said, if we arc missing any areas tbal Council thinks we should include widi either the cxeculive corrunittee or the working conunillecs, we are ccnainly open to any suggestions. He advised Mayor Bradshaw lha1 he appreciated her suggestion to obtain tbe alumni list from tbe high school to look on lhat list for celebrities, if you will. Mayor Bradshaw advised Council Member Wolosyn that she felt this fits in widi Cultural Arts. Ms. Wolosyn said she did too. I actually think, she said, that all the boards and conunissions should be asked to what extent they would like to be involved. This was, for a long time, a standing Cultural Arts agenda item, but since thef t wasn't any action we decided to put it to rest for a while. Mayor Bradshaw opined that it is time to resurrect it. Maybe, she said, the Library Board, Cultural Arts, the Historical Society and Clean. Green and Proud can become involved. I just think it should be a multi- committee or multi-board project, she said, so let's take a look al tbe list and sec which ones fit. Mr . Flaherty noted that we do have the actual birthday, or the date of incorporation, as May 13• and, obviously, we will honor that date, but we also tbought we would uae exiatiDg City eventa tbnJu&hout that year other lhan May 13•. We are.not going to creare aay e~ but we..wuuo.explllll.upoa tboaevcms that we currently hold and to theme those more or less towards tbe centennial celebration. One tbin& of interest is that May 13• happens to fall during Historical Preservation Weck in tbe United Stain and tbe 2003 theme is cities, suburbs and countryside and we kind of fit into all tine of those. He poinled ow that we could certainly take advantage of that and piggyback onto some of tbe biatorical tours and events that are offered throughout that week. Also, he said, we have been uaing Ginny Steele, durina tbe last two years. to assist us with the Skerritt House, tbe depot and tbe Englewood Historical Society and she will be assisting us with this activity . Ms. Steele has already looked into some opportunities for some P"IJIIS and believes that we have a fair chance of getting some fairly substantial grants for some of die activities. We will also be looking at some fundnlising activities, be said, and we want to talk widi tbe City l1aff that are involved with the other events ,throughout the year. to make sure we don't interfere widi dieir fund malting activities, such as the 4'" of July and parade and things of that nanue. Mr. Flaherty said the last thing he wanted to mention is that we also discussed die , )Ssibility of a "Legacy ProJect" or ·'Legacy Projects ... He explained that tho&e could be projects that we designate as centennial projects that we already have, basically, rolling out, that would lit into that type of on-going project that wo uld benefit citizens of the City for years to come. Mayor Bradshaw noted Mr. Hewitt is sirung in the audience tonight. She suggested Mr . Flaherty cha.a with him. Mr. Flaherty said he would certainly chat with Mr . Hewitt. Mayor Bradshaw asked Mr. Hewitt ifhe had been a member oftbe Eqlewood Centamial-Biccldennial Committee. Mr . Hcwm said he was acttve with the committee. but he was not officially a mmtber. Mayor Bradshaw noted there was a committee formed by Grady Fl"lllklin Maples to IJCl die Malley Ccmer srarted and that was part of that Centennial-Bicentennial Committee. The Malley Center Trust Fund was formed to . sort of. get all the money that was left over &om that committee to go to the Malley Cenrer . t • • • - Englewood City Council January 22, 2002 Page 16 That was the rationale behind that. I think Selwyn Hewitt has a wealth of information on Englewood's history. So, she said to Mr. Hewitt, if you have a few minutes sometime I would appreciate it. Mr. Flaherty advised that they would try to convene a meeting of an executive conunittee sometime in the very near future. I think I heard some conflicting statements here, he said, as to whether we want this to be an ad-hoc committee or a committee under the Cultural Arts Commission. Mayor Bradshaw said I think it's Council's decision. She asked Council Member Wolosyn what she thought about this being a committee under the Cultural Arts Commission. Ms. Wolosyn said she thought that would be good. Assistant City Manager Flaherty said be would be happy to work with the Cultural Arts Commission. Council Member Garrett said counter to that is if we are going to be asking different boards and commissions to be a part of it, then it would be an ad-hoc committee bringing in different repRSCDtation. Mayor Bradshaw said maybe we could call it the Englewood Centennial Committee, that might be cleaner to, but we want Cultural Arts represented. The thing I was thinking, she said, is to make it a political thing. In the future it would get Cultural Arts out in the conununity so that people know you exist for any future issues that might come up. Council Member Garrett noted there are pros and cons to all of this. The advantage of the Cultural Arts Commission is that they are very active and they get things done. Council Member Wolosyn said another thing about it is it makes it more citizen based. If one commission is organizing the other commission it is more at a citizen level, than it being a staff fimction~ we-are. going to plug in citizens. Mayor Bradshaw asked Council for thetr comments. Council Member Wolosyn said 1 am in favor of assigning this to the Cultural Arts Commission, but just like I think the Englewood Parade is best when lots of the commissions participate, I would like to see a lot of the commissions participate. Mayor Bradshaw opined that the Englewood Parade is a perfect ad-hoc committee . ••••• Co uncil Member Yurchick said I have one question. I was sitting at the Colonial Bank's drive-up, looking at the Skcrritt House the other day and I realized what an eyesore that thing is. He asked what the odds are of getting some white barn paint and some volunteers and at least get a coat of paint on it. If we just get a coat of paint on it. he said, then at least it is not just a dilapidated house on the bill. Assistant City Manager Flaherty stated there is a contract we are processing right now, with an architectural firm. to do consrrucuon drawtngs and documents. It should be out to hid in April he said, and if you recall, we ha ·e a S 160,000.00 fund to stab11izc the bwlding, put a new roof on it and protect the exterior, including pamnng. So that will be done, hopefully by the end of this year. The bids should be out in late March or early Apnl am! the work should stan about the first of June and should be corq,k-ted before winter. He Jdmed that 580.000.00 1s conung from the State Historical Fund. S40.000.00 from a Community Development Block Grant and the rcmaming $40.000.00 from City funds. Council \1ember Yurcb1ck commented that 11 JUS I seems that it is taking a long time to get the process done . \Ir. Flaheny said he was absolutel y correct. He explatncd that in order to get State funds you have t • • Englewood City Council January 22, 2002 Page 17 to go through a historical and architectural assessment and that was completed in the early fall of 2001. We arc now in the process of taking the next step, which is the stabilization. That will do nothing to the interior, but it will. basically, complete the exterior. Council Member Garrett said, subject to it being a hazard, if we choose in April to do a paint-a-tbon one Saturday, would that be a problem? Council Member Nabholz said that would be a cool project for Council. Mr. Flaherty said that is possible, however we have lead based paint that bas to be removed. Actually, be said, it is not going to be removed, it is going to be encapsulated. Council Member Garrett said then the answer is that it is a problem. Mr. Flaherty agreed it is a problem, because of the process. He said it is a paint, but it is a special type of paint and I am assumin& there is probably a process they have to go through to apply that 90 that it meet standards for encapsulating that lead based paint that is on the wails now. or what is left of il ••••• .. ,ayor Bradshaw advised that Mr. Hewitt would like to address Council. She asked for Council's direction. Mr. Hewitt noted that when the checks were distnbuted earlier in the meeting, be assumed that Council wanted everybody to be brief. However, be said, I was too brief. I wut you to mow that this coatribulion you provided will assist the Anlpaboe Pbilhannonic in contimiin& to develop programs and opportunities and services to the youna people of ED&)ewood in the areas of misic, education, etc. _So, bc.sul tbaak you again, we really appreciate il Council Member Wolo:,;yn asked if they also have a service where they mm: it possible for seniors to attend conccru and things like that. Mr. Hewitt said c:mainly. We have RCelldy repealled our infonmtion, he said, to senior residents, nuning homes and places like Meridian and 90 on, remindina them that• discount is available to seniors and any groups often, whether they IR senion or residenls oftboee places or not. Mayor Bradshaw thanked Mr. Hewitt. 14 . City Attorney's Report C ity Attorney Brotzman did not have any matters to bring before Council. 15 . Adjournment OURN. The meeting adjourned at 8 :50 p .rn. RESOLUTION NO . i__ SERIES OF 2002 A RESOLUTION APPOINTING DAVID ANDERSON TO THE TRANSPORTATION ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Transportation Adviaory Committ.ee baa been eatabliahed u an advisory committee focuNd on transportation iuuea in the City of Eq]ewood and ehall seek to promote close 1.wperation between the City, individuala, buainee1e1, inatitutiona and agenciee concerned with traJllportation related activitie1; and WHEREAS, the Englewood Transportation Adviaory Committ.ee wu eatabliabed by the Eq]ewood City Council with the paaaage of Ordinance No. 66, Seriea of 2001; and WHEREAS. there i8 a vacancy in the Englewood Traneportation Advisory Committee; and WHEREAS, David Andereon ha, applied to serve u a member of the Eq]ewood Transportation Advisory Committee; and WHEREAS , the Englewood City Council deeires to appoint David Andereon to the Englewood Transportation Advisory Committee; NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO. THAT: s..ction J. David Andereon i8 hereby appointed to the Eq]ewood Transportation Advisory Committee. David Andereon's term will be effective immediately and will expire February l, 2004. ADOPTED AND APPRO\"ED this 4th of February, 2002. Beverly J . Bradahaw, Mayor ATTEST : Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis. City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No .J_, Series of 2002. Loucriahia A. Ellia RESOLUTION NO. L SERIES OF 2002 A RESOLUTION APPOINTING JEFF BAKER TO THE BOARD OF ADJUSTMENT AND APPEALS FOR THE CITY OF ENGLEWOOD. COLORADO. ' WHEREAS. the Englewood Board of Adjuatmenta and Appeals baa the authority to bear anu determine appeals &om the refuaal of building permits and other deciaiona re1arding the enforcement of the zonin& regu]ationa, to make exceptiona to the zonin& regu]ationa and to authorize variance, &om the 1trict application of zonin& regu]ationa; and WHEREAS, there ia a vacancy in the Eqlewood Board of AdjUBtment and Appeals; and WHEREAS, Jeff Baker baa applied to aerve u a member of the Englewood Board of Adjuatment and Appeals; and WHEREAS, the Englewood City Co~ deliree to appoint Jeff Baker to the Engle,. ,.xi Board of Adjustment and Appeals; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OP THE CITY OF ENGLEWOOD, COLORADO , THAT: Saction 1. Jeff Baker ia hereby appointed to the Eqlewood Board of AdjUBtment and Appeals. Jeff Baker'• t.erm will be effective immediately and will e1tpire February 1, 2003. ADOPTED AND APPROVED thie 4th of February, 2002. Beverly J. Bradahaw, Mayor A'ITEST: Loucrishia A. Ellie, City Clerk I, Loucrishia A. Ellie, City Clerk for ~e City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No .L Series of 2002. Loucrilhia A Ellie RESOLUTION NO . j_ SERIES OF 2002 A RESOLUTION APPOINTING BILL BELT TO THE CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO . WHEREAS , the Englewood Code Enforcement Adviaory Committee waa eatabliahed by the Ens]ewood City Council with the puaap of Ordinance No. 71, Seriea of 1997; and WHEREAS, the Code Enforcement Advisory Committ.ee ill an adviaory committee focueed on the activitiea and aervice1 of code enforcement and re,u)atory p-• of the Neighborhood Servic:ea Hction of the Department of Safety Servicea, the Committee make, recommendationa to City Council and to the City Manapr or hialher cleaignee for improvementa relating to the Neighborhood Service, in the City; and WHEREAS . Bill Belt baa applied to aerve aa a member of the Englewood Code Enforcement Advilory Committee; and WHEREAS, the Ens)ewood City Council delirea to appoint Bill Belt to the Ens]ewood Code Enforcement Advilory Committee; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , THAT: Ses;tipp 1. Bill Belt i1 hereby appointed to the En&lewood Code Enforcement Advisory Committee. Bill Belt'• term will be effective immediately and will expire July 1, 2003. ADOPTED AND APPROVED thia 4th of February. 2002 . Beverly J . Bradshaw , Mayor ATTEST : Loucriahia A. Ellia, City Clerk I, Loucrishia A. Ellia , City Clerk for the City of Enclewood, Colorado, hereby certify the above ia a true copy of Reeolution No .1-, Seriea of 2002. Loucriahia A. Ellia RESOLUTION NO. jQ_ SERIES OF 2002 A RESOLUTION REAPPOINTING JENNIFER BIPPUS TO KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Keep Enslewoocl Beautiful Coauniuion bu been created to adviae the City Council on all matteni pertain.inJ to environmental proteet:ion and neighborhood beautification; and WHEREAS, JellDifer Bippua ia a current member of the Keep Enslewood Beautiful Commiaeion; and WHEREAS, JellDifer Bippua' term ellpired December 10, 2001; and WHEREAS, JellDifer Bippua bu applied for reappointment to the Keep Enclewood Beautiful Commiaeion for another term; NOW, THEREFORE, BE IT RESOLVED BY THE CITY' COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: 5@s;tipp 1. JellDifer Bippua ia hareby reappointed to tha Keep Enpwood Beautiful Commiaeion for the Oity of Enslewoocl. Colorado. Jennifer Bippu' term will be e&ctiw immediately and will ellpire February l, 2004. ADOPTED AND APPROVED this 4" a( February, 2002. Bewrly J. Bradahaw, Mayor ATTEST: Loucrishia A. Ellia, City Clerk I , Loucrishia A. Ellia, City Clerk for the City ofEnalewood, Colorado, hereby certify tha above is a true copy of Reeolution No.~ Series of 2002. RESOLUTION NO. jJ_ SERIES OF 2002 A RESOLUTION APPOINTING THOMAS J. BURNS TO THE URBAN RENEW AL AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, there is a vacancy in the Englewood Urban Renewal Authority; and WHEREAS, Tbomu J. Burm bu applied to eerve u a member of tbe Ens)ewood Urban Renewal Authority; and WHEREAS, the Mayor with the approval of the Engiewood City CoUDcil deairea to appoint Tbomu J. Burna to the Englewood Urban Renewal Authority; NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD. COLORADO, THAT: Sectiop 1. Tbomu J . Burna is hereby appointed to the EnJlewood Urban Renewal Authority. Thoma Bum'• term will be effective immediately and will ellpire February l , 2007 . . ADOPTED AND APPROVED THIS 4* of February, 2002. Beverly J. Bradabaw, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis, City Clerk for the City ofEn,lewoocl, Colorado, hereby certify the . above ie a true copy of Reeolution No .~ Seriee of 2002. Loucrishia A. Ellis RESOLUTION NO . Ji_ SERIES OF 2002 A RESOLUTION REAPPOINTING JILL CARLSTON TO THE BOARD OF ADJUSTMENT AND APPEALS FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Board of Acijuatmema and Appea]a bu t.be audiority to bear and determine appeala from the refuaal or build.ins permita and other dec:iaiona reprdinc the enCorcement of the ZOlllJII reruJationa, to make esceptiou to t.be ZOlllDI regulationa and to audiorize variance• from the atrict application of mninc regulationa; and WHEREAS, Jill Carlaton ia a current member oft.be Englewood Board of Acijuatment and Appeala; and WHEREAS, Jill Carlaton'a term expired February 1, 2002; and WHEREAS , Jill Carleton baa applied for reappointment to the Englewood Board of Adjustment and Appeala for another term: ' NOW , THEREFORE . BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD . COLORADO. THAT: $m;tign l Jill Carlaton ia hereby reappointed to the Board of Acijuatment and Appeala for the City of Englewood, Colorado. Jill Carlaton'1 term will be efrec:tm immediately and will expire February 1, 2006. ADOPTED AND APPROVED thia 4th or February, 2002. Beverly J. Bradabaw, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis. City Clerk £or the City of E111lewood, Colorado, hereby certi(y the above ia a true copy of Resolution No.~ Seriee of 2002. RESOLUTION NO. f1L SERIES OF 2002 A RESOLUTION APPOINTING JOE CHRISTIE TO THE TRANSPORTATION ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, the Eqlewood Tranaportation Adviaory Committee bu been Ntabliabed aa an adviaory committee focued on tranaportation iaauea in the City of Eqlewood and aball . -k to promote cloae cooperation between the City, individwala, b~. inatitutiona and agenciel concerned with tranaportation related ac:tivitiea; and WHEREAS. the Englewood Tranaportation Adviaory Committee waa Ntabliahed by the Enclewood City Council with the paaaqe of Ordinance No. 65, Serio of 2001; and WHEREAS, there ia a vacancy in the Eqlewood Tranaportation Advisory Committee; and WHEREAS, Joe Christie bu applied to aerve aa a member of the EN!ewood Transportation Advisory Committee; and WHEREAS, the Eqlewood City Council deairn to appoint Joe Chriaae to the Eqlewood Transportation Adviaory Committee; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: $ection 1. Joe Christie ia hereby appointed to the Eqlewood Tranaportation Adviaory Committee. Joe Christie's term will be effective immediately and will ezpire February 1. 2003. ADOPTED AND APPROVED this 4th of February, 2002. Beverly J . Bradahaw , Mayor A'ITEST: Loucriahia A. Ellia, City Clerk I, Loucriahia A. Ellia, City Clerk for the City of Enpwoocl, Colorado, hereby certify the above ia a true copy of Reaolution No .~ Seriee of 2002. Loucriahia A. Ellia RESOLUTION NO. J1._ SERIES OF 2002 • A RESOLUTION APPOINTING JONATHAN CROWELL TO THE CODE ENFORCEMENT ADVISORY COMMITI'EE FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Code Enforcement Adviaory Committee wu utabliabed by the En,lewood City Council with the pauq, of Ordinance No. 71, Seriea of 1997; and WHEREAS, the Cpde Enforcement AdYiaory Committee ia an adviaory committee foc:uaed OD the actmtiea and Nrvic:N of code enbcement and resu)atorJ pl'OCNIN of the NeilhJ>orbv..ci Servic:N aec:tion of the Department of Safety Servicea. the Committee makea recommendations to City Council and to the City Manqer or bialber dnicMe for improvements relatiq to the Neipborbood Servicea in the City; and WHEREAS, Jonathan Crowell haa applied to aerve aa a member of the Englewood Code Enforcement Adviaory Committee; and WHEREAS. the Englewood City Council deairea to appoint Jonathan Crowell to the Englewood Code Enforcement Advisory Committee; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO. THAT: Section J. Jonathan Crowell ia hereby appointed to the Eqlewood Code Enbc:ement Advisory Committee. Jonathan Crowell'• term will be efl'ec:tmt immediately and will expire July 1, 2003. ADOPTED AND APPROVED thia 4th of Febnaary, 2002. Beverly J. Bradahaw, Mayor ATTEST : Loucriahia A. Ellis, City Clerk I, Loucriahia A. Ellis, City Clerk for the City of Englewood. Colorado, hereby certify the above ia a true copy of Reaolution No.__. Seriea of 2002. Louc:riabia A. E1lia RESOLUTION No. lS:_ SERIES OF 2002 A RESOLUTION APPOINTING C. J . CUWNAN TO THE PUBLIC LIBRARY BOARD FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the En,lewood Public Library Board prepuee and recommende to City Council a muter plan for the development and maintenance of the City library eyetem aa well u policy iuuee; and WHEREAS, there ie a vacancy on the En,lewood Public Library Board; and WHEREAS, C. J . Cullinan bu applied to eerve u a member of the Englewood Public Library Board; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, THAT: Section l . C. J. Cullinan is hereby appointed t.o the Enc).ewood Public Library Board. C. J . Cullinan'• term will be effective immediately and will expire February l, 2006. ADOPTED AND APPROVED thie 4th of February, 2002. ATTEST: Beverly J. Bradabaw, Mayor Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No .~ Seriea of 2002. Loucriahia A. Ellie RESOLUTION No. /k_ SERIES OF 2002 A RESOLUTION APPOINTING GARY DOUNAY TO THE TRANSPORTATION ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Enciewood Transportation Advilory Committee bu been eatabliahed u an advi_aory committee loc:uaed on tranaportation •-in the City of EnaJewood and eball -It to promote cloae cooperation between the City, individuala, bumne-. inatitutiona and apnciea concerned with tramportation related activitiea; and WHEREAS, the Enclewood Transportation Advilory Committee waa eatabliahed by the Enclewood City Council with the paaaap of Ordinance No. 66, Seriea of 2001; and WHEREAS, there ii a vacancy in the Enalewood Tranaportation Adviaory Committee; and WHEREAS, Gary Dounay bu applied to aene aa a member of the Enclewood Transportation Advisory Committee; and WHEREAS, the Enclewood City Council deairea to appoint Gary Dounay to the Englewood Tranaportation Advisory Committee; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD.COLORADO.THAT: . Scs;tipn 1. Gary Dounay ii hereby appointed to the EnaJewooci Tranaportation ~ Committee. Gary Dounay'a term will be effectiw immediately and will upire February 1, 2003. ADOPTED AND APPROVED thia 4th of February, 2002. Bewrly J. Bradahaw, Mayor ATTEST : Loucriahia A. Ellia, City Clerk I, Loucriahia A. Ellia, City Clerk for the City of Enalewood, Colorado. fleraby certify the above ia a true copy of Resolution No.~ Seriea of 2002. RESOLUTION NO. [J._ SERIES OF 2002 A RESOLUTION REAPPOINTING JACQUELINE EDWARDS TO KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Keep E111lewood Beautiful CommiNion hu been created to adviae the City Council on all matters pertaining to environmental protection and neipborbood beautification; and WHEREAS, Jacqueline Edwards ia a current member of the Keep Ellllewood Beautiful Commieaion; and WHEREAS. Jacqueline Edwards' term expired December 10, 2001; and WHEREAS , Jacqueline Edwards has applied for reappointment to the Keep Englewood Beautiful Commisaion for another term; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: $ectiop 1. Jacqueline Edwards ia hereby reappointed to the Keep Ellllewood Beautiful Commiaaion for the City of Ellllewood, Colorado. Jacqueline Edwards' tenn will be effective immediately and will expire February 1, 2004. ADOPTED AND APPROVED thia 4th of February, 2002. Beverly J . Bradahaw, Mayor ATTEST: Lo ucrish1a A. Ellis. City Clerk I. Loucrishia A. Ellis . City Clerk for the City of E111lewood , Colorado, hereby certify the above is a true copy of Resolution No ._ Series of 2002. Loucriabia A. Ellia RESOLUTION NO. r1. SERIES OF 2002 A RESOLUTION APPOINTING SAMARA FERBER AS AN ALTERNATE MEMBER TO THE BOARD OF ADJUSTMENT AND APPEALS FOR THE CITY OF ENGLEWOOD. WHEREAS, Samara Ferber baa graciously offered to aerve on the City of Englewood's boards and commissions; and WHEREAS, currently there are no vacancies on the boards and commissions; and WHEREAS, the Englewood City Council desires to appoint Samara Ferber aa alternate member to the Board of Adjustment and Appeals; and WHEREAS, City Council has requested ataft' to aend this alternate member packets for the Board 1he will be serving on ao that she can maintain an undentandiq of the current issues and rulea; and WHEREAS, while the alternate will not be able to vote at the meetinga, she is m,verthele11 requested to attend u many meetinp u pouible to pt a feel for the membenhip and issuea; 811d WHEREAS, Council wiahea to expreu ite gratitude for the volunteeriam 811d aervioe that this individual wishea to beatow upon the City; NOW, THEREFORE, BE IT RESOLVED BY THE CJTY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: S..ctjpp 1. The Englewood City Council hereby appointll Samara Ferber as alternate member of the Englewood Board of Adjustment and Appeals. ADOPTED AND APPROVED this 4111 of February, 2002. Beverly J. Bndabaw, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I , Loucrishia A. Elli•. City Clerk for the City of Enslewood, Colorado, hereby certify the above is a true copy of Reaolution No.~ Seriea of 2002. Loucriahia A. Ellia RESOLUTION NO. /j_ SERIES OF 2002 A RESOLUTION REAPPOINTING SAMARA FERBER TO KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Keep E111lewood Beautiful Commiaaion ha• been created to adviae the City Council on all m.attera pertaining to environmental protection and neipborbood beautification; and WHEREAS, Samara Ferber ia a current member of the Keep EncJewood Beautiful Commiaaion;and WHEREAS, Samara Ferber'• term expired December 10, 2001; and WHEREAS, Samara Ferber baa applied for reappointment to the Keep En,)ewood Beautiful Commiaaion for another term; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO. THAT: $ectipn 1. Samara Ferber ia hereby reappointed to the Keep Ena}ewood Beautiful Commiaaion for the City of Englewood, Colorado. Samara Ferber'• term will be effac:tive immediately and will expire February l, 2004. ADOPTED AND APPROVED thia 4,. of February, 2002. Beverly J. Bradshaw, Ma:,or ATTEST: Loucrishia A. Ellie, City Clerk I, Loucriahia A. Ellie, City Clerk for the City of Englewood, Colorado, hereby certify the above ie a true copy of Reeolution No.~ Seriee of 2002. Loucriahia A. Ellie RESOLUTION NO.~ SERIES OF 2002 A RESOLUTION REAPPOINTING RONALD FISH TO KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY QF ENGLEWOOD, COLORADO. WHEREAS, the Keep E111lewood Beautiful Commiuion bu been created to advile the City Council on all mattera pertaining to environmental protection and neipborboocl beautification; and WHEREAS. Ronald Fiah ia a current member of the Keep Englewood Beautiful Commi.Nion; and WHEREAS, Ronald Fiah'a term expired December 10, 2001; and WHEREAS, Ronald Fiah bu applied tor reappointment to the Keep Englewood Beautiful Commiaaion tor another term; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD. COLORADO, THAT: $ts;tjgp 1. Ronald Fiah ia hereby reappointed to the Keep Englewood Beautiful Commiaaion tor the City of Englewood, Colorado. Ronald Fiah'a term will be effective immediately and will expire February 1, 2004. ADOPTED AND APPROVED thia 4th of February, 2002. ATTEST: Beverly J. Bradshaw, Mayor Loucriahi a A. Ellia, City Clerk I, Loucriahia A. Ellie, City Clerk for the City of En,lewood, Colondo, hereby certify the above ia a true copy of Resolution No._ Seri• of 2002. RESOLUTION NO. i/_ SERIES OF 2002 A RESOLUTION REAPPOINTING AUSTIN GOMES TO THE PARKS AND RECREATION COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City hae eatabliahed a Parb and Recreation ColllllWllion t.o adviae on all matten pertaining t.o recreation; t.o prepare an annual Parb and Recreation Muter Plan and t.o review the annual Parb and Recreation Budpt; and WHEREAS, Auatin Gomn ia a current member of the Ens)ewood Parb & Recreation Commiaaion; and WHEREAS, Auatin Gomea' current term ellJ>ired February l, 2002; and WHEREAS, Auatin Gomea has applied for reappointment t.o the Enciewood Parka and Recreation Commission for another term; and WHEREAS, the Englewood City Council deairea t.o reappoint Auatin Gomn t.o the Enciewood Parka and Recreation Commiaaion for another term; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: S@s;tjnp 1. Auatin Gomea ia hereby reappointed t.o the Parb and Recreation Commiaaion for the City of Enciewood, Colorado. Auatin Gomea' term will be efltciive immediately and will ellJ)ire February 1, 2006. ADOPTED AND APPROVED thia 4th of February, 2002. ATTEST: Beverly J. Bradahaw, Mayor Loucrishia A. Ellis. City Clerk I. Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above ia a true copy of Resolution No .~ Serin of 2002. Louc:riabia A. l1lia RESOLUTION NO . # SERIES OF 2002 A RESOLUTION APPOINTING BETTY GOOSMAN TO THE TRANSPORTATION ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Tranaportation Advilory Committee bu been eetabliahed as an adviaory committee fOCUNd on tramportation iaeuee in the City of Englewood and ehall -k to promote cloee cooperation between the City, individuala, bueinNNI, inatitutione and apncies concerned with tranaportation related activitiee; and WHEREAS, the Englewood Tranaportation Advilory Committee wu establiahed by the Englewood City Council with the pa11age of Ordinance No. 66, Series of 2001; and WHEREAS, there is a vacancy in the Englewood Traneportation Adviaory Committee; and WHEREAS, Betty Goo.man bu applied to eerve u a member of the Englewood Traneportation Advieory Committee; and WHEREAS, the Englewood City Council deeiree to appoint Betty Goo.man to the Englewood Traneportation Adviaory Committee; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: $@ctjon 1. Betty Gooaman is hereby appointed to the Englewood Traneportation Advisory Committee. Betty Oooaman's term will be effective immediately and will expire February l , 2004 . ADOPTED AND APPROVED this 4th of February, 2002. Beverly J . Bradehaw , Mayor ATTEST: Loucriahia A Ellis, City Clerk I , Loucriahia A. Ellis, City Clerk for the City ofEqle,rood, Colorado, benby certify the above ia a true copy of Reeolution No ._ Seriee of 2002. Loucriahie A. Billa RESOLUTION NO~ SERIES OF 2002 A RESOLUTION REAPPOINTING CHUCK HABENICHT TO THE WATER AND SEWER BOARD FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Water and Sewer Board plana for the continued adequacy of the domestic water supply and system and sanitary aewer system and shall have the power to protect the domestic water supply of the City from injury and pollution; and WHEREAS, Chuck Habenicht is a current member of the Englewood Water and Sewer Board;and · WHEREAS, Chuck Habenicht's current term el[J)ired February l, 2002; and WHEREAS, Chuck Habenicht has applied for reappointment to the Englewood Water and Sewer Board; and WHEREAS, the Englewood City Council desires to reappoint Chuck Habenicht to the Englewood Water and Sewer Board; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Chuck Habenicht is hereby reappointed to Englewood Water and Sewer Board. Chuck Habenicht'& term will be efrective immediately and will el[J)ire February 1, 2008. ADOPTED AND APPROVED this 4th of February, 2002. ATTEST: Beverly J. Bradahaw, Mayor Loucriahia A. Ellis, City Clerk I, Loucrishia A . Ellis, City Clerk for the City ofEnc)ewood, Colando, hereby certify the above is a true copy of Resolution No.~ Series of 2002. Loucriehia A. Ellie RESOLUTION N04 SERIES OF 2002 A RESOLUTION APPOINTING CHRISTOPHER HANSON TO THE KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OP ENGLEWOOD, COLORADO . WHEREAS. the Keep Enpwood Beautiful Commillim bu been ereatecl to adflN the City Council on all matiera pertainiq to environmental protection and neiphorboocl beautification; and WHEREAS, there ia a vacancy on the Keep Englewood Beautiful CommiNion; and WHEREAS. Chriatopher Hamon bu applied to serve u a member of the Keep Englewood Beautiful Commiuion; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sediioo l . Cbriatopher Hamon ia hereby appointed to the Keep Englewood Beautiful Commiuion. Cbriatopher Hamon'• term will be effective immediately and will expire February 1, 2004. ADOPTED AND APPROVED thia 4th ol. February. 2002. BeverlyJ. Bndabaw, Mayor ATTEST : Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above ia a true copy of Reaolution No .~ Serie• of 2002. RESOLUTION NO . .J.o SERIES OF 2002 A RESOLUTION REAPPOINTING SELWYN G . HEWITT TO THE MALLEY CENTER TRUST FUND FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Malley Center Truat Fund wu eatabliahed for the uae and benefit of the Eqlewood Senior Citian Recreation Center known u the EJaie Malley Centennial Center; and WHEREAS, the Truateee recommend to the City Council appropriatione from the Truet Fund for the uae and benefit of the Eleie Malley Centennial Center; and WHEREAS, Selwyn G . Hewitt ie a current member of the Malley Center Truat Fund; and WHEREAS, Selwyn G. Hewitt's current term expire• April 20, 2002; and WHEREAS, Selwyn G . Hewitt hu applied Cor reappointment to the Malley Center Truet Fund for another term; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: $c<;tign 1. Selwyn G. Hewitt ie hereby reappointed to the Malley Center Truet Fund for the City of Englewood, Colorado. Selwrn G. Hewitt'• term will be eflac:tive immediately and will expire February 1, 2005. ADOPTED AND APPROVED this 4th of February, 2002. Beverly J . Bradehaw, Mayar ATTEST: Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true co py of Resolution No .~ Serie, of 2002. Loucriahia A. Bllia RESOLUTION NO . aJL SERIES OF 2002 A RESOLUTION APPOINTING BARBARA HODGE TO THE TRANSPORTATION ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Tranaportation Advilory Committee baa been utabliahed aa an advisory committee foc:uaed on transportation ia8\la in the City of Ens]ewood and aball seek to promote close cooperation between the City, individuala, buaine-. i.natitutiona and agencies concerned with tranaportation related activitiea; and WHEREAS, the Englewood Transportation Advisory Committee was eatabliahed by the Enclewood City Council with the paaaage of Ordinance No. 66, Seriu of 2001; and WHEREAS, there ia a vacancy in the Englewood Transportation Advisory Committee; and WHEREAS, Barbara Hodge baa applied to serve u a member of the Englewood Transportation Advisory Committee; and WHEREAS, the Englewood City Council deairea to appoint Barbara Hodge to the Englewood Transportation Advisory Committee; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: · Sectipp l. Barbara Hodge ia hereby appointed to the Englewood Tranaportation Advisory Committee . Barbara Hodge's term will be effective immediately and will expire February 1, 2004. ADOPTED AND APPROVED this 4th of February, 2002. Beverly J . Bradshaw , Mayor ATTEST: Loucriahia A. Ellie, City Clerk I , Loucriabia A. Ellie, City Clerk for the City of Ens]ewood, Colorado, hereby certify the above ia a true copy of Resolution No .~ SeriN of 2002. Loucriabia A. Ellia RESOLUTION No.ti_ SERIES OF 2002 A RESOLUTION REAPPOINTING L. GARY KASSON TO THE FIREFIGHTERS' PENSION BOARD FOR THE CIT"{ OF ENGLEWOOD, COLORADO. WHEREAS, the Finfishten' Pennon Board bu the reaponaibility fi>r the pneral 1uperviaion, manapment and control of the "Old Hin Pennon Fund•; and WHEREAS, L. Gary Kaaon ill a current member of the Firefiptera' Pennon Board; and WHEREAS, L. Gary Kaaon'1 term expired February l, 2002; and WHEREAS, L. Gary Kaaon ha1 applied fi>r reappointment to the Englewood Firefishten' Pennon Board for another term; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, THAT: Sm;tipp 1. L. Gary Kaaon ill hereby reappointed to the Firefithtera' Pennon Board fi>r the City of Englewood, Colorado. L. Gary Kaaon'a term will be e6c:ti,re immediately and will expire February l, 2006. ADOPTED AND APPROVED thia 4th of February, 2002. A'M'EST: Beverly J . Bradahaw, Mayor Loucrishia A. Ellis, City Clerk I, Loucriahia A. Ellis, City Clerk for the City ofEnglewood, Colorado, hereby certify the above ia a true copy of Reaolution No .~ Seriu of 2002. Loucriabia A. Ellia RESOLUTION NO . i11__ SERIES OF 2002 A RESOLUTION REAPPOINTING JO LAY TO THE ELECTION COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Election Commiuion ia Niablilbecl by tbe Enpwoad Home Rule Charter to utabliah prec:iDcta. appoint elec:tion judpa and clerk. preecribe procecl-. and any other dutiea u required by law; and WHEREAS, Jo Lay ia a current member of the Enclewood Election CommiNion; and WHEREAS, Jo Lay'a term expired February 1, 2002; and WHEREAS. Jo Lay baa applied for reappointment to the Enslewood Election Commiaaion for another term; and WHEREAS . the Englewood City Council duire1 to reappoint Jo Lay to the Eqlewood Election Coaunisaion for another term; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , THAT: $m;tjpn l. Jo Lay ia hereby reappointed to the Election Commiaaion for the City of Enclewood, Colorado. Jo Lay', term will be efl'ec:tive immediately and will expire February 1. 2006 . ADOPTED AND APPROVED this 4th of February, 2002. Beverly J . Bradahaw, Mayor ATTEST : Loucrishia A. Ellie, City Clerk I. Loucrishia A. Ellie , City Clerk for the City ofEqlewood, Cokrado, hereby certify tbe above is a true copy of Resolution No.~ Series of 2002. Loucriahia A. Ellia RESOLUTION NO. dft_ SERIES OF 2002 A RESOLUTION APPOINTING CINDA LOSEE AS AN ALTERNATE MEMBER TO THE TRANSPORTATION ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Enalewood Tranaportation Adviaory Committee bu been ntabliahed u an advieory committee focwied on transportation *-in the City of Eqlewood and lhall -k to promote cloee cooperation between the City, iDdividuala, lmlinnNe, imtitutiona and qenciea concerned with tramportation related activitiel; and WHEREAS, Cinda LoNe bu anaoualy otrered to ll1'ft on the City of Eqlewood'a bouda and commiaaiou; and WHEREAS, currently there are no vacanciea on the board.I and commiuiona; and WHEREAS, the Eqlewood City Council duirea to appoint Cinda LoNe u alt.ernate member to the Transportation Advieory Committee; and WHEREAS, City Council bu requnted staff to aend thia alt.ernate member packets for the Board she will be servina on ao that ahe can maintain an underatandina of the current iuue1 and rule1; and WHEREAS. while the alternate will not be able to vote at the meetinp, ,be ii nevertheleaa requeated to attend u many meetinp u poaail,Je to pt a feel for the membenhip and iuue1; and WHEREAS. Council wiahea to expre11 ita aratitude for the volunteeriam and Nrvice that thia individual wiahea to beatow upon the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD. COLORADO. THAT: $ectjon l. The Englewood City Council hereby appointa Cinda LoNe u alte1'\Ate member of the Enslewood Tranaportation Advieory Committee. ADOPTED AND APPROVED thia 4th of February, 2002. ATTEST: Beverly J. Bradahaw, Mayor Loucriahia A. Ellia, City Clerk I, Loucriahia A. Ellia, City Clerk for the City of&qlewoocl, Colorado, hereby certify the above ia a true copy of Reaolution No.__. Seriff of 2002. Loucriahia A. Ellia 8~ RESOLUTION NO._ SERIES OF 2002 A RESOLUTION APPOINTING CINDA LOSEE TO THE KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Keep Enciewoocl Beautiful Commiuion baa been created to advile the City Council on all matten pertainiJlc to ellViJonmental protectian and neipborbood beeutification; and WHEREAS, there ia a vac:anc:y on the KNp En,lewood Beautiful Commiwaion; and WHEREAS, Cinda l..oNe baa applied to aerve u a member of the Keep Eqlewoocl Beautiful Coaunillion; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sm;tipp l. Cinda l..oNe is hereby appointed to the Keep Ens)ewoocl Beautiful Commiuion. Cinda Loe.e'e term will be effective immediately and will expire February 1. 2004. ADOPTED AND APPROVED tbia 4th of Februa17, 2002. Beverly J . Bradabaw, Mayor ATTEST: Loucriahia A. Ellia, City Clerk I , Loucriahia A . Ellia, City Clerk for the City ofEns]ewood, Colorado, hereby certify the above ia a true copy of Reaolution No.~ Serin of 2002. Loucriabia A. Ellia RESOLUTION NO . M SERIES OF 2002 A RESOLUTION REAPPOINTING BILL McCAHILL TO THE CODE ENFORCEMENT ADVISORY COMMI'M'EE FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Code Enforcement Advisory Committee was eatabliahed by the Englewood City Council with the puaage of Ordinance No. 71, Serie, of 1997; and WHEREAS, the Code Enforcement Adviaory Committee ia an adviaory committee focuaed OD the activitiea and aervicea or code enforcement and rqulatory proceNel or the Neighborhood Servicea aection of the Department or Safety Semcea, the Committee makea recommendationa to City Council and to the City Manager or hie/her deaipee for improvement& relating to the Neighborhood Servicea in the City; and WHEREAS, Bill McCahill ia a current member of the Englewood Code Enforcement Advisory Committee; and WHEREAS, Bill McCahill's term expired October 1, 2001; and WHEREAS, Bill McCahill has applied for reappointment to the Englewood Code Enforcement Advisory Committee, for another term; and WHEREAS, the Englewood City Council desires to reappoint Bill McCahill to the Englewood Code Enforcement Committee for another term; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: $ectjon 1. Bill McCahill is hereby reappointed to the Code Enforcement Advisory Committee for the City of Englewood, Colorado. Bill McCahill'a term will be effective immediately and will expire July l, 2003. ADOPTED AND APPROVED thia 4th of February, 2002. Beverly J. Bradehaw, Mayor ATTEST: Loucrishia A. Ellie, City Clerk I , Loucrishia A. Ellie, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No._, Seriea of 2002. Loucriahia A. Ellie By RESOLUTION NO .~ SERIES OF 2002 A RESOLUTION REAPPOINTING STEVE NEYER TO THE PARKS AND RECREATION COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City baa eetabliahed a Parka and Recreation Commiuion to adviae on all matten pertaining to recreation; to prepare an annual Parka and Recreation Muter Plan and to review the annual Parka and Recreation Budpt; and WHEREAS, Steve Neyer is a ~nt member or the Englewood Parka & Recreation CommiNion; and WHEREAS, Steve Neyer'• current term expired February l, 2002; and WHEREAS, Steve Neyer baa applied for reappointment to the Enslewood Parka and Recreation Commission for another term; and WHEREAS, the Enslewood City Council deaire, to reappoint Steve Neyer to the Englewood Parka and Recreation Commiuion for another term; NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sgctipp l. Steve Neyer ia hereby reappointed to the Parka and Recreation Commiuion for the City of Englewood, Colorado. Steve Neyer'• term will be effective immediately and will expire February l , 2006. ADOPTED AND APPROVED thia 4th or February, 2002. Beverly J. Bradahaw, Mayor ATTEST: Loucrishia A. Ellis. City Clerk I, Loucriahia A. Ellis. City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Reaolution No ._ Seriea of 2002. Louc:riahia A. Ellie 8z RESOLUTION-NO. jJ_ SERIES OF 2002 A RESOLUTION APPOINTING KENT NICHOLAS TO THE KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD, COLOR.ADO . WHEREAS. the Keep Eqlewood Beautiful CommiNion bu been created to adviae the · ty Council on all matten pertaiJlinl to environmental protection and neichborhood beautmc:ation; and WHEREAS, there ie a vacancy on the Keep Eqlewood Beautiful Cc>mmi11ion ; and WHEREAS, Kent Nicholaa haa applied to aerve aa a member of the Keep Eqlewood Beautiful Commiuion; NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLOR.ADO, THAT: $@s;tipn 1. Kent Nicholaa ie hereby appointed to the Keep Eqlewood Beautiful Commiuion. Kent Nicholaa' term will be effective immediately and will expire February 1, 2004. ADOPTED AND APPROVED tbia 4th of February, 2002. Beverly J. Bndabaw, Mayor ATTEST: Loucriahia A. Ellis, City Clerk I. Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No .~ Series of 2002. Loucriabia A Ellis RESOLUTION NO . .J1 SERIES OF 2002 A RESOLUTION APPOINTING LINDA OLSON TO THE KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Keep En1lewood Beautiful CommiMion baa been created to adviae the City Council on all mattera pertainins to environmental protec:tioil and neighborhood beautification; lllld WHEREAS, there is a vacancy on the Keep Enclewood Beautiful CommiNian; and WHEREAS, Linda,. Olaon baa applied to eerve aa a member al the Keep Eqlewood Beautiful Commilaion; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sac;tion 1. Linda Olaon is hereby appointed to the Keep Enclewood Beautiful CommiMion. Linda Olaon'e term will be effective immediately and will expire February l, 2004. ADOPTED AND APPROVED this 4th of February, 2002. BeverlyJ.Bradehaw,Mayor ATTEST: Loucriahia A. Ellis, City Clerk I, Loucriahia A. Ellis, City Clerk for the City of Ens)ewood, Colorado, hereby certify the above is a true copy of Reeolution No.~ Serie, of 2002. Loucriahia A. Ellis RESOLUTION NO. a5, SERIES OF 2002 A RESOLUTION REAPPOINTING JAMES PHELPS TO THE POUCE OFFICERS' PENSION BOARD FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Police Officers' Pension Board hll8 the respODlibility for the general superviaion, management and control of the "Old Hire Pension Fund"; and WHEREAS, James Phelps is a current member of the Englewood Police Officers' Pension Board;and WHEREAS, Jamee Phelps' current term expired February 1, 2002; and WHEREAS, Jamee Phelps baa applied for reappointment to the Englewood Police Officera' Penaion Board; and WHEREAS, the Englewood City Council deaires to reappoint Jamea Pbelpa to the Englewood Police Officera' Penaion Board; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. James Phelps is hereby reappointed to Englewood Police Officers' Penaion Board. James Phelp,' term will be effective immediately and will expire February 1, 2005. ADOPTED AND APPROVED this 4,. of February, 2002. I Beverly J. Bradahaw, Mayor ATTEST:' Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis , City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No .~ Serie• of 2002. Loucrishia A. Ellis RESOLUTION NO. & SERIES OF 2002 A RESOLUTION APPOINTING DON ROTH AS AN ALTERNATE MEMBER TO THE PLANNING AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD, COLOl,\ADO. WHEREAS, the Enslewood Plannin1 and ZolWII Commiaaion makes recommendations to City Council reprdins the melter plan, tbe comprebenaive zonins ordinance, propoaed aubdiviaiona aa well aa, capital improvements: and · WHEREAS. Don Roth bu p-acioue1y o6nd to llffll cm tbe City al Enclewood'• boarde ud commiaaiou; and WHEREAS, Cl.lffllntly there are no vacanciea on tbe bouda and commiaeiou; and WHEREAS. tbe Enslewood City Council deairea to appoint Don Roch aa alternate member to tbe Plannins and ZolWII Commiaaion; and WHEREAS. City Council bu requeated atafr to •nd tbia alternate member packeta for tbe Board be will be •rvinl on IO that be can maintain an IUlduatauding of the c-,nt i.aauea and rulea; and WHEREAS, while tbe alternate will not be able to wt.I at tbe meetiup. be ia nevertbeleaa requeated to attend u many meetinp u pouibJ. to pt a r..1 for tbe membership and i.aauea: and WHEREAS . Council wiabea to exprua ita sratitude b tbe volunteeriam and •rvice tbat tbia individual wiahea to beatow upon tbe City; NOW, THEREFORE . BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, THAT : Sec;tipp 1. The Enslewood City Council berebf appoints Don Roth aa alternate member ol the En,lewood Plannins and ZolWII Commiaaion. ADOPTED AND APPROVED tbia 4th of February, 2002 . ATTEST : Beftr)y J. Bradabaw, Mayor Loucriahia A. Ellia , City Clerk I. Loucriahia A. Ellia . City Clerk for the City o( la,lewood. Colarado, hereby ceni(rtbe above is a true copy of Reeolution No ._ Sena of 2002 . RESOLUTION NO. 31 SERIES OF 2002 A RESOLUTION APPOINTING DENNIS SCHUM TO THE PLANNING AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Enclewood Planniq and Zonin1 Comm.iuion mun recommendatiom to City Council reprdins the muter plan, the comprehenaift mniq ordinance, propoeed •ubdiviaiona u well u, capital improvement.; and WHEREAS, there ia a vacancy on the Englewood Planniq and Zoninl Commiaaion; and WHEREAS, Dennia Schum bu applied to eerve u a member of the Ens}ewood Planning and Zoning Commiaaion; and WHEREAS, the Englewood City Council de•irea to appoint Denoia Schum to the Englewood Planning and Zoning Commiaaio,n ; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT : Sm;tjgp 1. Dennia Schum ia hereby appoint.eel to the Englewood P1anniq and Zoning Commiaaion. Dennia Schum'a term will be effective immediately and will expire February l, 2006. ADOPTED AND APPROVED this 4th of February, 2002. Beftrly J. Bradahaw, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I , Loucriehia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No .~ Serie, of 2002. Loucriahia A. E1lia 8 ff . RESOLUTION NO .~ SERIES OF 2002 A RESOLUTION REAPPOINTING MITCH WALDMAN TO THE PARKS AND RECREATION COMMISSION FOR THE CITY OP ENGLEWOOD, COLORADO. WHEREAS, the City ha1 eatabliahed a Parb and Recreation Commiaeion to adviN on all matters pertaining to recreation; to prepare an annual Parb and Recreation Mat.er Plan and to review the annual Parb and Recreation Budget; and WHEREAS, Mitch Waldman ia a current member of the Enslewood Parb & Recreation Commiaaion; and WHEREAS, Mitch Waldman'• current term expired February l, 2002; and WHEREAS, Mitch Waldman haa applied for reappointment to the Englewood Parb and Recreation Commiaaion for another term; and WHEREAS, the Englewood City Council de1ire1 to reappoint Mitch Waldman to the Englewood Parka and Recreation Commillion for another term; NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT : 5@stign 1. Mitch Waldman ia hereby reappointed to the Parb and Recreation Commillion for the City of Enclewood, Colorado. Mitch Waldman'• term will be efrective immediately and will expire February l, 2006. ADOPTED AND APPROVED thi1 4th of February, 2002. Beverly J . Bradshaw, Mayor ATTEST: Loucriahia A. Ellis , City Clerk I, Loucriahia A. Ellis , City Clerk for the City ofEnclewood, Colorado, hereby certify the above is a true copy of Resolution No .~ Series of 2002 . Loucriahia A. Ellia 8 gg RESOLUTION NO .~ SERIES OF 2002 A RESOLUTION APPOINTING JUDY WALLACE AS AN ALTERNATE MEMBER TO THE URBAN RENEWAL AUTHORITY FOR THE CITY OF ENGLEWOOD. WHEREAS, Judy Wallac:e baa p-acioualy offered. to eerve on the City ofEns)ewood'a board• and commiaaiona ; and WHEREAS, currently there are no vac:anciea on the boarda and COIIUIUNiona; and WHEREAS. the Ens)ewood City Council deeirea to appoint Judy Wallace u alternate member to the Urban Renewal Authority; and WHEREAS, City Council baa requeated ataff to aend tbia alternate member pacbta for the Board ahe will be aervinc on ao that ahe can maintain an undentandiq of the current iaauea and ruln; and WHEREAS, while the alternate will not be able to vote at the meetinp, 1he ia nevertheleaa requeated to attend u many meetinp u poaaible to pt a feel for the membenhip and iaauea; and WHEREAS, Council wiahea to axpreaa ita lfllt.itude for the voluntaeriam and aervice that thia individual wiahea to beat.ow upon the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD. COLORADO, THAT : Sm;tjpp 1. The Englewood City Council hereby appointa Judy WalJace aa an alternate member of the Englewood Urban Renewal Authority. I ADOPTED AND APPROVED thia 4th of February, 2002. Beverly J . Bradahaw, Mayor ATTEST : Loucriahia A . Ellie, City Clerk I , Loucriahia A. Ellie , City Clerk for the City of Enclewood, Colorado, hereby cmify the above ia a true copy of Reaolution No .~ Sarin of 2002. 8 hh RESOLUTION NO . }jf)_ SERIES OF 2002 A RESOLUTION REAPPOINTING CARL WELKER TO THE PLANNING AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Enalewood P1anniq and Zoninc CommiNion make• reeommendationa to City Council re1uding the muter plan, the comprebemiff mniDI ordinance, propoaed aubdiviaiona u well aa, capital improvemenu; and WHEREAS, Carl Welker ia a current member of the Enalewood P1anninc and Zoninc Commiaaion; and WHEREAS , Carl Welker'• current term ezpired February l, 2002; and WHEREAS, Carl Welker bu applied for reappointment to the Eqlewood Planning and Zoninc Commi.aaion; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: 5tstjgp 1. Carl Welker is hereby reappointed to the Enalewood Planning and Zoninc Commiaaion. Carl Welker'• term will be effectiff immediately and will expire February l, 2006 . ADOPTED AND APPROVED thia 4th of February, 2002. BeverlyJ.Bradabaw,Mayor ATTEST: Loucriehia A. Ellie, City Clerk I, Loucriahia A. Ellie, City Clerk for the City ofEqlewood, Colorado, hereby certify the above is a true copy of Reaolution No.~ Seriea of 2002. RESOLUTION NO . jJ_ SERIES OF 2002 A RESOLUTION APPOINTING BRANDON WIWAMS TO THE NONEMERGENCY EMPLOYEES RETIREMENT BOARD FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Nonemerpnc:y Empl.oyeea Retirement Board ia the truatee of the NonEmerpncy Employeea Retirement Plan Fund and bu the power to eatabU.h inveetment or purcbuins plana u nec:euary; and WHEREAS, there ia a vacancy in the EncJewood Nonemerpncy Employ-Retirement Board; and WHEREAS, Brandon Williama bu applied to aerve aa a member of the EncJewood Nonemerpnc:y Employees Retirement Board; and WHEREAS. the Enslewood City Council desires to appoint Brandon Williama to the Englewood Nonemergency Employees Retirement Board; ' NOW, THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT : $ec;tiQp 1. Brandon Williama ia hereby appointed to the Enslewood Nonemerpncy Employees Retirement Board. Brandon Williama' term ahall be effective immediately and will expire February l, 2006. ADOPTED AND APPROVED thia 4th of February, 2002. Beverly J. Bradahaw, Mayor ATTEST: Loucriahia A. Ellie, City Clerk I , Loucriahia A. Ellia, City Clerk for the City ofEnpwood, Colondo, hereby certify the above ia a true copy of Resolution No .~ Series of 2002. Louc:riahia A. Ellia Metropolitan Mayors and Commissioners Youth Awards Englewood Recognition February 4, 2002 BEV: Tonight is a very special night for the City of Englewood. We are pleased to be honoring twenty-five young people who have been nominated for the 2002 Metropolitan Mayors and Commissioners Youth Awards. This program recognizes young people who have overcome difficult situations in their lives and have risen to the challenges of adversity. I have the pleasure of serving on the Board of Managers for the Metropolitan Mayors and Commissioners Youth Awards, and the young people we honor through this program are true success stories. Tonight's honorees are no exception. These young people have been through hardships and challenges most of us can't even imagine -battles with alcohol and drug abuse, parenthood, difficulties in school, gang affiliations, disabilities, family difficulties, the challenge of assimilating new cultures and languages, deaths of close friends and family members, custody battles, and more. We are honoring these nominees not because of the hardships they have faced, but because they have persevered and have taken control of their lives, turning their adversity into advantage. They have made a difference in their own lives and the lives of those around them. Their strength and determination are an inspiration. W e will be honoring each Metropolitan Mayors and Commissioners Youth Award nominee with a certificate, as well as a gift bag as a token of our admiration. Thanks to Englewood's Department of Parks and Recreation for contributing backpacks and Rec . Center passes for the gift bags. Council Member Julie Grazulis will help me hand out the awards. And I would like to invite the other City Council Members to join us in front of the dais. After the recognition, we will break for a brief reception to visit w ith o ur nominees. · 1- I would like to offer a special thanks to the people who nominated these young people for recognizing their accomplishments and helping us honor them. I invite the nominators to come forward to join our receiving line. The nominators are: -Patty Christianson, Carrie Almanzar, and Theresa Lowther from Sinclair Middle School; -David Miller and Cheryl Okizaki from Humanex Academy; -Gale Sperry and Carol Wacker from Englewood High School; -Amie Gallegos from Colorado's Finest Alternative High School; -and Susan and Russel DeShon. 1. Our first nominee is Roxanne Abell (ABLE), a student at Sinclair Middle School. Roxanne's nominator praises Roxanne's positive attitude and leadership skills, noting that her upbeat attitude and character have a noticeably positive impact on the people around her. 2. Darren Abney (ABNEE), a student at Humanex Academy. Darre~'s nominator indicates that Darren has turned his life around -his positive attitude helps him serve as a role model at school. 3. Diana Bueno (DEE-ONNA BWAYNO), a student at Englewood High School. Diana has risen to the challenges of adapting to a new culture and language. Diana's nominator says she is a wonderfully positive role model whose honesty helps others learn from her experiences. 4. Lorena Cuarenta (LORAYNA QUARENTA), a student at Englewood High School. Lorena 's. nominator says Lorena never gives up, she works hard every day, she always helps others -she is the kind of person who makes America great. -2 · 5. Jolene Cunningham, a student at Colorado's Finest Alternative High School. Jolene has overcome many challenges, and remains dedicated to improving her life, placing an emphasis on her education and being the best mother in the world for her son. 6. Joslyn Davidson, a student at Colorado's Finest Alternative High School. Joslyn's nominator says she has turned negative situations into positive life lessons. She has become a positive role model who helps counsel others going through difficult times. 7 . Dustin Dougherty, a student at Humanex Academy. Dustin's nominator applauds Dustin's perseverance and dedication to his family. Dustin's progress in school has helped others realize they can achieve success, too. · 8. Ana Edmondson (ONNA), a student at Colorado's Finest Alternative School. Ana's nominator describes her as a "jewel"· she works hard, loves school, is non- judgmental, and very giving. Her positive oudook on life is contagious. 9 . Tnfany Evans, a student at Colorado's Finest Alternative t~igh School. Tiffany's adversity has had a profound impact on her life -with very positive outcomes. Her strength and oudook on life have made her goal-oriented and focused on graduation. 10. Deanna Goorman, a student at Colorado's Finest Alternative High School. According to Deanna's nominator, she exhibits enthusiasm and motivation towards her education and serves as a strong influence on others. She has overc ome odds that would humble most of us . . 3. 11. Angela Johnson, a student at Colorado's Finest Alternative High School. Her nominator says that Angela's past has helped her focus on the future. She is very goal-oriented and committed in her quest to be successful -but she's not too busy to help others who are going through difficult times. 12 . Natalie Lovato, a student at Colorado's Finest Alternative High School. Natalie's life has not always been positive, but she has lofty aspirations for her future. Natalie's nominator sees her attitude and commitment as extraordinary. She is a role model for other students. 13. Jahaziel Macias, (HAZIELLE MASSEEUS) a student at Englewood High School. Jahaziel has overcome many challenges, including adapting to a new language and culture. Jahaziel's nominator describes him as hardworking and unfailingly polite. 14. Guillermo Maldonado (GEEAIRMO), a student at Englewood High School. Guillermo, too, has adapted well to a new culture and language. He takes great pride and puts great thought into his schoolwork. Guillermo's nominator describes him as a gentleman scholar and an outstanding role model. 15. Sara Mcleod, (McCLOUD) a student at Colorado's Finest Alternative High School. Sara was told by doctors when she was younger that she would never lead a normal life -she has proven her doctors wrong. Sara's experiences and accomplishments help her offer support, advice, and encouragement to others. 16. Brittany Moore, a student at Sinclair Middle School. Brittany's nominator says she is an extremely resilient young lady, continuously striving to improve herself and her learning environment. Brittany is a positive contributing member of her school community. 17. Abdou N'dir (ABDOO N'DEAR), a student at Englewood High School. Abdou came to the United States from Senegal, and has adapted well to a new culture and language. Abdou describes his outlook in these words, taken from his college essay: "Great things come to you if you work hard at it and never give up ... " 18. Andy Nguyen (WING), a student at Humanex Academy. Overcoming language and other barriers have helped Andy excel in school. He helps tutor some of ~is peers in classes. 19. Lindsey Sneed, a student at Colorado's Finest Alternative High School. With her attitude and commitment, Lindsey has been able to turn her personal adversities into pluses. She has become motivated and successful in school and is a role model for others. 20. Chintina Snyder (NOT CHRISTINA), a student at Flood Middle School. Chirstina's determination and inner strength and her great outlook on life will enable her to succeed. Her nominators say NChirstina puts the sun in people's lives who have had nothing but clouds." 21 . Tracy Welch, a student at Colorado's Finest Alternative High School. Tracy's nominator describes her as a beacon ·of light to all those who are overcoming adversity. The hurdles she's encountered have motivated Tracy to overcome and be successful. 22. Cecilia Woods, a student at Colorado's Finest Alternative High School. Cecilia's nominator describes her as a survivor who has an extremely positive outlook on life. She has put negative situations behind her and is beginning to set life-long goals for herself. -5· 23. Chalmer Cody Wren IV, a student at Humanex Academy. Cody has made a complete turn-around with his life. By turning into a positive role model at school, he has helped many of his peers see that they can make changes, too. 24. Sheri Yoke, a student at Humanex Academy. Sheri has made great strides to make her life better. She has become a positive peer leader and has excelled in her classwork. 25. Arta Zymeri (ZIMARRY), a student at Englewood High School. Arta is a survivor of the war in Kosovo, and has adapted well to a new language and cuhure. Arta's nominator describes her as "generous, brave, and dependable.· We are so proud to have young people like you as members of our community. Thank you for inspiring us and showing us the power of your strength and determination. And we thank the families, friends, teachers, and counselors who are here tonight to help us honor our nominees and who support these very special young people on a daily basis. let's give them all a big round of applause. Please join us next door in the Community Room for cake and a brief reception to visit with our nominees. Memorandum TO: FROM: DATE : SUBJECT: Mayor Bradshaw and Members of City Council Leigh Ann Hoffhines, Communications Specialist January 30, 2002 MMCY A Recognition at Monday's meeting During Monday's City Council meeting. we will be honoring 25 very special young people who have been nominated for the Metropolitan Mayors and Commissioners Youth Award (MMCYA). This year, we'll be doing things a little differently, and Mayor Bradshaw has asked me to forward the details to help ease any potential confusion. We would like City Council to form a receiving line so you all have an opportunity to congratulate the nominees. Before the recognition ceremony begins, Mayor Bradshaw will ask each of you to step down from your seats and form a line in front of the dais. The nominators will also be asked to come forward to be a part of the receiving line. After a brief speech, Bev will call the nominees up individually, hand them their certificates, then Council Member Grazulis will hand them their gift bags, and the young people will proceed through the receiving line. The nominees will stay on stage so we can get photos of the entire group before we break for a brief reception. As always, thank you for your support of this very special program. The diagram below outlines the set-up we envision for Monday. If you have any questions at all, don't hesitate to call me at 303-762-2316. Dais (Not to scale ... ) steps NominalOrS City Council lulie Bt!'Y XXXXXXXXXX XX Receiving Line Facing Audience cc: Lou Ellis , City Clerk ~ Brenda Castle, Deputy City Clerk Mary White, Deputy City Clerk ORDINANCE NO ._ SERIES OF 2002 BY AUTHORITY COUNCIL BILL NO. 4 INTRODUCED BY COUNCIL MEMBER GARRE'M' AN ORDINANCE AUTHORIZING THE CITY OF ENGLEWOOD, COLORADO TO ENTER INTO TWO LICENSE AORBEMENTS AND TWO TEMPORARY CONSTRUCTION EASEMENTS LOCATED NEAR THE MCLELLAN CITY DITCH PUMP STATION AT THE GREEN VALLEY TURF FARM BETWEEN CENTENNIAL WATER AND SANITATION DISTRICT AND THE CITY. WHEREAS, the En,lewood City Council authorized tbe coaatruction of tbe raw water pipeline• by tbe P8N8P of Ordinance No. 67, SeriN of 2001; and WHEREAS, the Enclewood Utilit.in Department baa determined that it ia important to have the ability to tie into Centellllial'e Water and Sanitation Diatric:t'e new 48• raw water line which leada to Mc:Lellan Rnervoir in the 8"Dt Enslewood'e 31" raw water line were to be out of 1ervice; and WHEREAS, the propmed valVM will be located -the McLellan City Dit.ch Pump Station at the Green Valley Turf Farm alon, Santa Fe between Mineral and County Line Road; and WHEREAS, the p-p of thia Ordinance will enabla Bnpewood to CODtiDue pwnpin, raw water to Mc:Lellan Reeervoir in the cue of a leak or bnak in eerYice in Englewood'• only emtin, 31" raw water line; and WHEREAS, the CenteDDial Water and Sanitation Diatric:t baa Nqueated a Liceme Agreement and a Temporary Conetrw:tioD Apeemem to inetall three (3) 3(f' valVM, · one (1) 31" X 30" tee and one (1) 4• air reliefvalw -the McLellan Pump Station; and WHEREAS, it ia important to have tbe ability to tie into CenteDDial'a Water and Sanitation Diatric:t'a new 48" raw Yt<1ter line which INcla to tbe Mc:Lellan Reeenoir in the event En,lewood'e 31" raw water line were to be out of eervice; and WHEREAS, the Liceme Agreement and the Tempora17 Couatruction Apeement will enable Englewood to tie into Centellllial'e 48• main uaiq interconnection and valving ; and WHEREAS , the pa-p of thia Ordinance will enable Enslewood to continue pwnpiq raw water to McLellan Reeervoir in tbe cue of a leak or break in •rvice in Englewood'• only emtin, 31" raw water line: WHEREAS , the Enclewood Water and Sawer Board reviewed and recommended approval of the• licemee and eaNmente at their January 8, 2002 meeting; NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD. COLORADO. AS FOLLOWS : -1- • N • g i' f ~ i' ff ,, i I .. . ,i f i , ! . g !f r g ~~ i~ ,~ ~i i ~B i ~j ~~ 1 ~~ I ' ~" , r . t~ r. f. , r lf r ,l r lt l ii r § ii - ~ ft l ~ . l -~ [i ~ li ~ ,i r ~ li t o[ ~ i !l ( l ! ti ff ( ~ 1~ 1 ~ tL ~ f: l fl L i ~f ~ i ft , r fJ , ! · 1, r 1, 1 .f r fi r !f t Lt ; l ~, ~ ~, 1 l' i I' • , , ! i~ l ,, 5 '- f l f 1~ , 11 ~ [ II ! Ii i f 1' [ d ff ( [ !~ a · ·"· · "' 11· fl , I a' I [ . i fi l fi l il l il l fr ( fL I fr ( ii 8 '8 1 18 f •• I I I f l - l :: i : f i. " r" g I~ , l! i 11 r' l JI ii r •f f u L' L" i . .t f [ [j i !1 f !l i if f ii i 11 11 11 tr J ir if t l Jl 1! lf 1! ;J Publilbed u a Bill lbr an Ordinance OD tbe 26th day of January, IOOI. Read by title and pUNCl on final readins OD the 46 day of February, 2002. Publiabed by title u Ordinance No. _. Seriaa of 2002, on tbe 8th day of February, 2002. Bnerly J. Bndabaw, Ma,ar ATTEST: Loucriahia A. B1lia, City Clerk I, Loucriahia A. El1ia, City Clerk of tbe City of En&)ewood, ~ banby cutit, that tha above and foreaoinl ia a true copy of the OrdiDance puaecl CID final readins and publiahed by title u Ordinance No. _. Seriaa ol 200I. Lo111c:riahia ~ IDia -3- LICENSE AGREEMENT r. i b i t THIS AGREEMENT, made and entered into as of the_ day of __ , 2002, by and 1 between the CITY OF ENGLEWOOD, a municipal corporation of Colorado. bcreinafter referred to as .. City" and the CENTENNIAL WATER AND SANITATION DISTRICT. a Colorado quasi-municipal corporation. hereinafter referred to as "'District", WITNESSETH : The City without any warnnty of its tide or imaat whatsoever, hereby authorizes Disttict. its successors and assips, to inslall a 30" Buuedly Valve (BFV) and Manhole in the Southwest~ of Section 32, Township S South. Range 68 Wesa of the Sixth Principal Meridian in Arapahoe County, State of Colorado, depicted upon Eshibit A aaachcd hereto and made a part of: 1. Any construction contemplated or performed under this License sbaD comply with and conform to standards formulated by the Director ofUtilities of the C'ay and such construction shall be performed and completed accordini to the plans approved by the City . 2. The Disttict shall notify the City's Director ofUtilities at least three (3) days prior to the time of commencement of the construction of, or any repairs made ID. lbe Disttict's 30" BFV and Manhole so that the City may, in its discretion, inspect suda operations. 3. Within thirty (30) days &om the date of commencement of COIISlrUCliDD of said 30" BFV and Manhole, the Disttict shall complete such consttuction, place md nwinrain permanent. visible markers. ofa type and at such locations u desia ~ by the City's Director of Utilities, referring to the centerline of the installation md all clear the crossing area of all construction debris and restore the area to is ptCftDUI condition u near as may be reasonable. In the event the placin& of the centerline makers and the clearing and restoration of the crossing area is not completed witbiD lbe time specified, the City may complete the work at the sole expense of the Disttict. 4. The City shall have the right to maintain. install, repair, remove or tdDc:me the City Ditch or any other of its facilities or .installations within the City's rights4way, at any time and in such manner as the City deems necessary or convenient 1bc City reserves the exclusive right to control all easement and installations . 5. The stipulation and conditions ofthis License shall be incorporated imD contract specifications if the construction herein authorized is to be done on a contract basis. 6. The rights and privileges granted in this License shall be subject to prior apeemcnts, licenses and/or grants , recorded or unrecorded, 1111d it shall be the Oimict's sole responsibility to determine the existence of said documents or conf!icziDa uses or installations. Englewood -City Ditch Pump Station -30" BFV and Manhole • t • • 7. All ~ncbes or boles within the City's easement shall be hackfilled and tamped to the oripnal ground line in layers noc to exceed six (6) inches loose measure to a compaction of ninety percent (90'9f,) Standard Proctor Mugnua, Density. 8. District shall indemnify and save bumless. to tbe ex1m1 of tbe law, tbe City, ila officers and emplO)W, lpinst any and all claims, danwpt, ac:doaa or C111111 of action 111d expema to wbicb it or they may be IUbjec:ted by IIIIIOD of Slid 30" BFV IDd Manhole beiq within IDd crosa the premilea of tbe City or by 111110D of my wat clam or omiaion llllde by die DilCrict. its ..-or employea. iD CCJaoectioD wilb 1be c:omuuctioa. ~ wh,....,,~ or repair of Slid 30" BFV 111d MIDbole. 9. ll is expresaly apeed tbet in c:aee of tbe Dillrict'a breech of my of tbe wilbin pmniaes, tbe City may, et its option, have specific pedormm lbeNof, or -for den:1p1 resultin1 from such breach. 10. Upon abandonment of eny ript or privilep herein paated, tbe dpt of tbe DilUict to that extent sba1l cermiDate. but ill obliption to iodemoify 111d aaw barmlea. ID die Glenl of the law, tbe City, its officers IDd employees. sball not "'""ioele in IDY ewat. except• to die Ceatenoial Wat.er and Sanitation District pursuant to the pmvisioo of pampapll 8 ebove. Jo plDliq lbe above autborizllioa, die Caty reana tbt dpt ID 11111111 fbll 1a of lbe property mvolwd • may be my or CCIMIDieot iD tbt opeWion of tbe .... wOlb plat 111d syam uader tbt CODIIOI of tbe City. Englewood -City Ditch Pump Stetion -30" BFV and Maobole IN WITNESS WHEREOF, this instrument bas been executed as of die day and year fint above written. ATI'EST: Loucrishia A. Ellis, City Clerk ATI'EST: LANDOWNER: Cll'Y OF ENGLEWOOD CENTENNIAL WATER AND SANITATION DISTRICT Englewood -City Ditch. Pump Station -30" BFV ud Manhole ,. . ... . ... ;ti . "' . . \, ... . • r---------------------™~,,.,.. SOUTH PLATTE RESERVOIR RAW WATER TRANSMISSION PIPELINE • PHASE II WAT-ERLINE CONSTRUCTION CONSTRUCTION DOCUMENT CENTENNIAL WATER AND SAtlTATION DISTRICT 82 WEST PLAZA DflVE lt8K.At«>S RANCH. COLORADO 80128 PHOtE, C303> 781-0430 i}""LT , __ __ iil.1111 . ..,. -------------------ii _, ---· -- -I -----·--· -· ___ ,, __ _ -· --------· ---------_, --------· --------. -----·---· --------" ____ .. __ -···--------- t , . HIGHLANDS RANCH SECTl't 5 SOUTH PLATTE AESERYOA -419 RAW WATEAUIE •r I ffl r _.,,. .. . I 11 I I 11 I 11.: i!•: II s I • ·• - • • .. ·· ..... ,· I • . . -.,. . · . • . , •.;,a. •. . . .. . . . ...... • .. . '. . .. . .. ' .. .:. t . .• -~ ------------''---',L.-.--~·~·~·~-....:·,L._J•~·-w~'· ·-·~:•-·--- \, ' \ ' I I ... r.• I I 1U Ill ··~ h · Ui 0 s-• I + -- 0 • TEMPORARY CONSTRUCTION EASEME1Vf nus AGREEME!'IT. made and entered into as of the_ day of__. 2002. by and between the CENTENNIAL WATER AND SANITATION DISTRJCT ("Centennial"). a Colorado quasi-municipal corporation whose principal place of business is 62 West Pim Drive, Hiplands Ranch, Colorado 80129 and the CITY OF ENGLEWOOD ( .. Englewood"). a Colorado municipality whose principal place of business is 1000 Englewood Partway, Englewood, Colorado 80110. WHEREAS, Centennial desires access and use in Englewood's Easemem to Ulilize Ibis Temporary Consuuction Easement for the imtaUation of a 30" Buaerfly Valve (BFV) 111d Maabole at the City Ditch Pump Station (the "Project") u described in the attached I..icmlc Apement; and WHEREAS, Centennial is required to obtain access in Englewood's easemrnr ia lbc location dcpic:ted upon Exhibit A attached hereto and made a part hereof; and THE PARTIES covenant and agree as follows: 1. Description of Project. To provide Centennial access to consttuct their Project_ Centcnnial's Project will begin in January 2002. Afrer the project is complcle., wllicb will be DO laler than April 2002, Centennial will do what is reasonably necessary ID 1a11R the property to the original condition. 2. Right to Store M@rials: EnaJewood apes 11> permit Cenlffllrial ar it's Coaaw iD conjunction with the construction and installation of the pipe. to store pipe wl p ·111cnt on the site as indicared on the anacbed drawiq. Cemcnnial aarees to em:t a ........ y security fence around the storage sire and mainlaiD adcquare security for the sire• all times. Centennial further agrees to comply with all S.. and Federal 11111111e1 ... regulations regarding the handling, storage and clcaa up of any hazardous n-#E; w med by Centennial, its emplo~. agents and assips in conjunctioa with the~ 1be location of the Temporary Construction Easement is as depic1l:d in Exhibit "A"- 3. l,epgth of Agrmncnt: This agreement shall expiR on April, 2002. However, lbE installation of the 30" BFV Project shall not besiD before Jamwy 2002. 4. &£m: Centennial or its Contractor shall have rempomy DOII-GClusive ript ID Cllla' the property for :my re:isonable purpose ncccssary for the COGSll'UCtioo of the PlOjmct subject to the following restrictions: l) Normal womq baUls shall be from 7:CII~ ID 6:00 p.m., 2) The openlbOII of equipmenl and heavy aucb will be penniaal OD - property only during normal wortiq hours. 3) Cewruritl will comply wilb all Cily of Littleton requirements reprding emcrpncy accaa to lbe pn,perty . 5 . Resto[3lion: Centennial or its Coatractor will do wbal is my ID w .._ pc.pa4J to its original condition includin1 bul not limiled to: ~ lbe prape;ty adlr*is agreement and restoring the property. The reslOnlian is ID be coqlr•d by die Englewood -City Ditch Pump Scaioa -JO'" BFV at Maabole x . h i b i t 2 • t • expiration dare of this Temporary Easement 6. Sire Cggditiop: Cearermi•I or ill CoattaclDr will provide security far tbe sire 11111 am. In addition. Cearermi•I will eadeevor co lreep tbe silm in a visually accepable 11111111er durma tbe tenm of this 'lleemeal. llld Cearenni•I will maintain adeqaalle dust COlllrOI either by regularly sprayiDs tbe apoaed soil wi1b WIier or odler acceptable rma. 1. l irbWSr Ceatermial or ics Coattacux apes to be liable 111d boJd bmnleee Bnpwood, ill employees. 1111111111, ....... iDvilea, Imm my c:laiml, c:aam of 11:dae. llld liallilily wbicb may occur• a mall of tbe acdca of C.,,..,,,.. iDcfactigl die COit of deht'tins lpimt lUCb claimL a. ht e1: CenteDnial or ill Cwlaw 111111 nw•;n in full fba:e m ta.it a valid pollcy of iDluraDce fbr die Project in tbe -of $600,000 piopertJ co, .... $600.000 liabilily co,, .... °""'8Mrill or ill C.:..111a:eor fartber ..-111111 all C'entt:Nrial or ill CoDtm:IIOr emplojeea, COIIIIICIIIU 111d IWICODIIIICtiOIS wcddna Oil tbe Ploject. DD be covemd by _,_ Womr's CompeDlllioa CITY OF ENGLEWOOD Stewart Falllla Dueccor of Utilities CENTENNIAL WATEll AND SANll'ATION DBrRrr Englewood -City Di1eb Pump Sllliaa-Jcr 8FV ad ..... . \, . . . . . --.,,....... --··~-----''"'-------.t .--------------------~clJpegoe SOUTH PLATTE RESERVOIR RAW WATER TRANSMISSION PIPELINE • PHASE II WATERLINE CONSTRUCTION CONSTRUCTION DOCUMENT CENTENNIAL WATER AND SANITATION DISTRICT . e ,..,._ 1---82 WEST PLAZA DIIYE i&r.1111 HICH.AND8 RANCH. COLORADO 80128 ~ PHONEo caos» 781-0430 _, ---· -- -I -----·--· -· ___ ,.. __ _ -· --------· --------7 ------- -I -------· -I -------- -11 ---__ ,. __ -ti ____ .. __ -· .. --------- - INF D ID5 •WWW •t --- • • . . . ~ ""' . . . . . . ' . .. \; ii ... ~ • t •e I e r -..... HIGHLANDS RANCH SECTI 5 SOUTH Pt.A TTE RESEAVOII -49• RAW WATERLHE CONSTRUCTION D0CuMENr ·• - • • • .. . .. · · ... • .· l -~ . . . . .. ~· . . ,. ... ,... , ' .... . " ... ~. ~ .. ·. ' .. ... '· . .. ·: . • ... f.., ;,, .. ,· .,,. ' \ • I I _ .... I ,u •I= I ! 11~ h· Ui Ii • I --. LICENSE AGREEMENT nns AGREEMENT, made and entered into as of the _ day of_, 2002. by and between the CITY OF ENGLEWOOD, a municipal corporation of Colorado, bcrei.nda' zefetred to as "City" and the CENTENNIAL WATER AND SANITATION DISTRICT, a Colmado quasi-municipal corporation, hereinafter referred to as "District", WITNESSETH: Tbe City without any warranty of its tide or interest wbamever, be!eby authorizes District, its successors and assigns, to install a 31" X 30" Tee and 30'" Butterfly Valve (BFV) in the Southwest !4 of Section 32. Township 5 South. Range 611 West of the Sixth Principal Meridian in Arapahoe County, Stare of Colorado, depicted upon EDibit A attached hereto and made a part of: 1. Any construction contemplated or performed under this License shall comply wilb and conform to standards formulated by the Director of Utilities of the City and sada construction shall be performed and completed according to the plans approved by the City. 2. The District shall notify the City's Director of Utilities at least three (3) days pa:im to the time of commencement of the construction of, or any repairs made to, the Dim:icl' s 31" X 30" Tee and 30" BFV so that the City may, in its discretion. inspect such opnlioas. 3. Within thirty (30) days from the date of commencement of construction of saill 3r' X 30" Tee and 30" BFV. the District shall complete such construction. place aad Dwintaia permanent, visible markers, of a type and at such locations as designated by die Cily's Director of Utilities, referring to the centerline of the installation and shall cJar lb= crossing area of all construction debris and restore the area to is previous coadil:iau as near as may be reasonable. In the event the placing of the centerline markers ad lbe clearing and restoration of the crossing area is not completed within the time ,....;&:cl. the City may complete the work at the sole expense of the District. 4. The City shall have the right to maintain, install, repair, remove or relocate the Cily Ditch or any other of its facilities or installations within the City's rights-of-way, at my lime and in such manner as the City deems necessary or convenient The City resc:nes the exclusive right to control all easement and installations . 5. The stipulation and conditions of this License shall be incorporated into contclet specifications if lhe construction herein authorized is to be done on a contract basis. 6. The rights and privileges granted in this License shall be subject to prior aperme,ers, licenses and/or grants. recorded or unrecorded, and it shall be the District's sole responsibility to determine the existence of said documents or conflictin1 uses« installations. Englewood -31" X 30" T c:c and 30·· BFV ~ t: i b i t 3 ..• • .. t • • 7. All trenches or boles within the City's rm shall be backfilled and tamped to the original ground line in layers not to exceed six (6) inches loose measure to a compectioD of ninety pen:ent (~) Srandard Proctor MuhmPD Density. 8. District shall indemnify and save barmleu. to the extent of the law, the City, its officen and employees. apiJllt any and all claims. cllmtps, actions or causes of ICtioa al expenses to wbicb it or they may be subjected by reaon of said 31" X 30" Tee _. 30" BFV beiq within and acrou the pmniles of lbe City or by reaon of any wodt done or omission made by the Dillric:r. ill ..-. or employeea, iD coonecdoa wilb die C011111UCtion. replacement. meiatenance or lllplir of said 31" X 30" Tie and 30" BFV. 9. It ii apn:saly ap,ed that iD case of the Diltlict's lnlcb of my of lbe wilbia (lftllllisea. the City may, at its opcion. have specific peibmw:e thereof, or sue rar d•m•r resulting from such breach. 10. Upon ebwloammt of any dpt or privilep benliD ,renced. the ript of the Dimict to tblt exteat sblll lllrllliw, but its oblipdoll to imemnify and save bMmlm, ID die exteDt of the law, the City, its offlcen 111d emplo)'ees. shall not lmlllin-. in my ewim. a&:ept as to the Centennial Water and Sanitalion District punuant to the provision of perapapb 8 above. ID panting the above autborization, lbe City reserves lbe ript to meb full me of die property involved as may be oec:essary or convenient iD the openlion of the WIiier wmb plant and system under die COldlOl of lbe City. Englewood -31" X 30" Tee and 30" BFV D1i WD'NESS WHEREOF, dlisJnsarument bu been executa. u of tbe day and year tint above written. ATI'EST: Loucrilbia A. Ellis. City Clerk ATTEST: Englewood -31" X 30" Tee and 30" BFV LANDOWNER: CITY OF ENGLEWOOD CENTENNIAL WATER AND SANITATION DISTRICT .--------------------~-, ..... SOUTH PLATTE RESERVOIR RAW WATER TRANSMISSION PIPELINE • PHASE II WATERLINE CONSTRUCTION CONSTRUCTION DOCIIIINT CENTEtNAL WATER AND 8AIITATION DISTRICT &, ..... 1 'lt'll!i!" a Wl8T PLAZA DRM! ...... tlCH.AND8 RANCH. COLORADO IOIII ..... PHQNE. ... 7IHMIO -- • .,.,_ -' ; I -· ---· ---I ------·--· -. ----., ...... -· ---------· ---------· -----------· ... --------· ... -------· ... -------- ' -" ----·-----911&--_..._._ ... ... ......_ I I WM!iaw I I 1M I·--·~ I .......... _.::-:w I • '.~ .. f . HIGHLANDS RANCH SECTI 5 • e I p -~ I _,,. __ 1i 11 I 11, 1 • -111 i h II =••-=-s • SOUTH Pl.A TTE RESERVOII • .q• RAW WATERUE I CONSTRUCTION DOCUMENT ·• - • • 0 • . .. ·.·~· •' I 'J , . . . -.,. . • • . •.;.-.. . .... .• • ·i .. : . ·. . '. . ·. , ... ..•. t ., . ,l' -: ·, .•• \, -~--~--"-"'-' TEMPORARY CONSTRUCTION EASEMENT THIS AGREEMENT. made and entered into as of the_ day of_. 2002. by and between the CENTENNIAL WATER AND SANITATION DISTRICT ("CentcnDial"), a Colorado quasi-municipal corporation whose principal place of business is 62 West Plaza Drive, Highlands Ranch. Colorado 80129 and the CITY OF ENGLEWOOD ("Englewood"). a Colorado municipality whose principal place of business is 1000 Englewood Parkway, Englewood. Colorado 80110. WHEREAS, Centennial desires access and use in Englewood's Easement to utilize this Temporary Construction Easement for the installation of a 31" X 30" Tee and Buaafly Valve (BFV) on the City's 31" pipeline, at a location just west of the City Ditch Pump Stalion (the "Project") as described in the attached License Agreement; and WHEREAS, Centennial is required to obtain access in Englewood's easemem in the location depicted upon Exhibit A attached hereto , ild made a pan hereof; and 1. 2 THE PARTIES covenan, and agree as follows: Description of Project. To provide Centennial access to construct their Project. Centennial's Project will begin in January 2002. After the project is complete. which will be no later than April 2002. Centennial will do what is reasonably necesaary to restore the property to the original condition. Right to Store Mf'Cl'ial3: Englewood agrees to permit Centamial or it's Coalracllor. in conjunction with the construction and installation of the pipe. to store pipe 111d equipment on the site as indic:sted on the attached drawing. Centennial apees to aec:t a rewpcwmy security fence around the storage site and maintain adequate security for the sile • all times. Centennial further agrees to comply with all' Stare and Federal ..... w1 regulations regarding the handling, storage and clean up of IDY hazardous ...-rial _used by Centennial, its employees, agents and assigns in conjunction with the Project. The location of the Temporary Construction Easement is as depicted in Exhibit "A". 3. Length of Agreement: This agreement shall expire on April. 2002. However. the installation of the 31" X 30" Tee and BFV Project shall not begin before January 2002. 4. ~: Centennial or its Contractor shall have temporary oon-exclusive ript ID eater the property for any reasonable purpose necessary for the construction of the Project subject to the following restrictions: 1) Normal workina hours shall be from 7:00 a.m. to 6:00 p.m .• 2) The operation of equipment and heavy trucks will be permiaed on the property only during normal working hours, 3) Centennial will comply with all Caty of Littleton requirements regarding emeraency access to the property. 5. Restoratjon: Centennial or its Contractor will do wbal is DCCeSlll'Y to 1a1en the 1Nope4Y to its original condition including but not limited to: repadiDs the propeny lmder this agreement and restoring the property. The restonlion is to be complelled by die Englewood -31 ·· X 30 .. T c:e and 30" BFV X h i b i t 4 • t • expiration date of this Temponry Easement 6. Site Qpligiop: Cen11mni•I or ill COllllaCtOr will provide sccurily for the site • all times. In addicion. Cenlfflnial will eadlmor ID uep the site in • visually accepllblie 1W duriq tbe 1enD1 of this lpllllDelll, 811d C'ealemrial will maiawn adequale dmt COIIIIOI either by rqularly sprayina the apoaed soil widl waer or odm acceptable -. 7. I iebilim Cemeaa;a1 or ill Coacnctar ..... ., be liable 811d bold baaaleu Eapewood. ill emplo)w,-.,..... md imlNI, from -,c:Jaia. cama of a:daa. al tiabi1itJ wllicb may oc:car • • nmlt of die 81:dcm of C.,,11/ii+ial in •NI• die COi& of del!n rl"I apialt sucb c:lllimL a. Jree r r: Ceaeemri•I or ill Calbw 111111 .... ·• i+ in l'all bce ad 6cu Wllid policy of iuwaw:e for die Project .. die -of 5'00.000 pn,peny co,... ... MOO.(JOO liability co,..,.. C rial or ill C:0.•lill fardllr ...-dlll 111 Ceatemrial or ill Coa1r8C110r •mpillJ-. CCIMIW al mbccm_.. ffCIIDII • die Project. sbaU be cOWled by 8lleqaMI Worbr's CompeaMCion. CITY OF ENGLEWOOD Stewart Foada Dilec:tor of Utililies &pewood -3 1" X '3'T T• ad Yr IPV CENTENNIAL WATER AND SAND'ATION DISTRICT .. . .. {j 0. • • • • , •• ~ • • ":<-. • ... ""' •• . .. . ··:. I . ~ : . . . . • ." ·, ,,· • ·: ••• ·., ...... :.· : J • • •• \, .. . . --------------------=:..~,p.- SOUTH PLATTE RESERVOIR RAW WATER TRANSMISSION PIPELINE • PHASE II WATERLINE CONSTRUCTION CONSTRUCTION DOCUMENT CENTENNIAL WATER AND SANITATION DISTRICT 82 WEST PLAZA DflVE HICH.Atl>S RANCH. COLORADO 80128 PHONE, (303> 781-0430 _, ---· ---I -----.. --.. -· ---,,, __ _ -· --------· -------_, --------· --------I ---____ ,,.. -· ---_,,. __ _ -" ____ .. __ -· .. --------- ~--=-,., --..... .,. --.,.,. ..... -- Wil:.a ' • HIGHLANDS RANCH SECTI 5 SOUTH PLATTE RESERVOIR -41• RAW WATERLNE t --· • r _,,,. __ 1i - l f / I Ir• f f -**•·- . ~ I 11 I 11., 1 11 · 11 II I I . . "' •.. C 0 .. ... • .. ·· ... • •' l , .. .. .,. . • • . ./ :• ' . . . . ' ..... t .• · ·~ ~ .•, • I .,. ..., • • •), o • ' . \, ' l L : I a _ ..... I I 1H 1n •Ii h· Ui ,~ • I ORDINANCE NO._ SERIES OF 2002 BY AUTHORITY COUNCIL BILL NO. 5 INTRODUCED BY COUNCIL MEMBER GARR.ETI' AN ORDINANCE AUTHORIZING THE LEASE OF BUILDING SPACE LOCATED AT 3629 SOUTH FOX STREET BY THE CITY OF ENGLEWOOD. WHEREAS, the City Council of the City al Eqlewood bu~ the iNll8 al additional office and ltorap epac:e; and WHEREAS, the epace at 3629 South Fm pl'O¥idee rnilable o8ice apace to re-locate the Profeuioaal Standarda Bureau yet maintain their opentioll; and WHEREAS, recent lepl requiremema haw aipiftcantlJ iDCnUICl the amoum al evidence required to be etored for e:memely loac perioda al time; and WHEREAS, with the pauage of thia Ordinance the Enpwood Department of Safety Semcee will provide much needed 1torap apam 6ir propeny and mdenat; and WHEREAS, thia location ia within waJkinc &tance of the main poticellin cxaplu; NOW, THBREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sectim 1. The City Council al the City allqlnoacl, Calarado banby ntbariw the Lew Apwement for buildinc epace locat.ed at 3629 Soldla Pm, Bnpwoocl. Colorado, a copy of which ia marked u "Eshibit A· and at&acbed hereto. SectiPP 2. The Mayor ie hereby authorized to eip aaid Lew on behalf of &be City of Enclewood. Introduced, read in full. and pUNd OD fint readinc on the 22nd day al .Januu:,, 2002. Published u a Bill for an Ordinance OD the 25th day al .Januu:,, 2002. Read by title and p-«i on final reacliq OD the 4• day al Februu:,, 2002. Publiehed by title aa Ordinance No. ~ Seriee of 2002, Oil the 8th day al February, 2002. A'M'EST: Loucriahia A. Ellie, ~ty Clerk • 1- I, Louc:riabia A. E1lia, City Clerk oftbe City afEnc)ewood, Colorado, hereby certify that tbe abaft and beaoinl ia a true copy al tbe Ordinance pUNCI. CID &nal nadiJic and publiabed by title u Ordinance No. _. SeriN al 2002. .. , ....... -2- ·• • • LEASE 1. PARTIES: This Lease , dated for reference purposes only, January 1, 2002 is made by and between Bret M Terry (herein called "Lessor") and Int City of Englfwqod (herein called "Lessee" or "City"). 2 . PREMISES: Premises are described as a commercialfwateuse type of building (the "8uildlng1 containing approximately 2,212 rentable square feet of area• the ml property legaly described as I.gt 13-18, Block 15, Engt,woqg County of ArapalJot, State of C*'1d9 IQd cpmmonJy known M 3§29 S fox SJ, Voit B Englewood co 00110 . Said rea1 property, 1nc:1uc11ng the land and al Improvements thereon. is called ihe Premises". 3. TERM: The tenn of the Lease shall be for one year(s) commenc:lng on Janyaly 1, 2001 and ending on December 31 2002 unless sooner tennlnated pursuant to any p,oylslon hereof. Notwithstanding said commencement date, if for any ruson Lessor cannot deliver possession of the Premises to Lessee on said date, Lessor shall not be subject to any llabllty therefore, and such failure shall not affect the validity of this Lease or the obllgatlons of Lessee hereunder or eldend the term hereof, but in such case, Lessee shall not be obligated to pay rent unlll poaesslon of the Premises Is tenderad to Lessee; provided however, that if Lessor shall not have delivered possession of the Premises within sbcly (80) days from said commencement date, Lessee may, at Lessee's option, by notice In wrtllng to Lessor within ten (10) days thereafter, cancel this Lease, In wtlich event the pa,tles shall be dlsdlarged fnlm al obligations hereunder. If Lessee occupies the Premises prior to said conwnencement date, such occupancy shall be subjed to al provisions hereof, such oc:cupancy shall not advance the tennlnatlon date, and Lessee shall pay rent for such period at the initial monthly rates set fof1h below. 4 . RENT: The minimum rent paid shall be 11..588 per month during the first ye.-of I.Nie. The minimum rent paid during each subsequent year of the Lease term shall be incrHHd by tine (3) percent per year over the remaining lease term and each ynr of any option term. LNHe shall pay Lessor upon the execution hereof the amount of 11..588 as gross rent for the period of January 1 2002 to January 31 2002 The minimum rental for the full tenn is the sum of Jll.Zi2. Rent for any period during the tenn hereof which is for less than one month shal be a pro rata portion of the monlhly lnstallmenls. Rent shall be payable in lawful money of the United States to Lessor at the address stated hentln or to such other peBC>ns or at such other places as Lessor may designate in wrtllng. 5. SECURITY DEPOSIT: None required . 6 . USE : 6 .1 UH: The Premises shall be used and occupied as operating qfflces for yl(ioys Cjty qi Englewood Agencies. Any changes in the character of the occ:..pancy shall be done only with the consent of Landlord. with such consent not unreasonably wllhtleld . 6 .2 Compliance with Law: Lessee shall, at Lessee's expense, comply pramplly with al applicable statutes, ordinances, Nies, regulations, orders, resbidlons of record, and requi..nents in effect during the tenn or any part of the term hereof regulating ·,e use by Lessee of the Premises. Lessee shall not sue nor pennit the use of the Premises in any :nanner that will tend to create waste or a nuisance . if there shall be more than one Lessee in the building c:ontairi ing the Prwnises, shall not tend to disturb such other Lessees. 6 .3 Condition of Prwniw: Lessee hereby ac:cepb the Prwniles In the condition mdstlng as of the date of this Lease . subjed to al appllc:lble zoring, municipal, coun1y and -.1aws. onlnances and regulations governing and regulating the use of the Prwmiles. and accepla tllil LNN llllljec:t ttlera all matters disclosed thereby and by any extlibil attac:tled llef9to . L.w acl111owledges tlaal nelltler Lessor nor Lessor's agent has made any reprwntation or wananty a to the suitabaty of the Prwniles for the conduct of Lessee's business. .. ' .. •· • •• • • 7. MAINTENANCE AND AL TERA TIONS: 7 .1 Lessor's Obligations: Except for damage caused by any negligent or intentional ad or omission of Lessee , Lessee's agent. employees, or invitees in which event Lessee shall repair the damage, Lessor. at Lessor's expense, shall kNP in good order, condition and repair the foundations, exterior walls and the exterior roof of the Premises. All other common area and services are to be perfonned by Lessee . Lessor shall not, however, be obligated to paint such exterior, nor shall Lessor be required to maintain windows. door, or plate glass. Lessor shall have no obllgatlon to make repairs under this Paragraph 7 .1 until a reasonable time after receipt of written notice of the need for such repairs. Lessee expressly waives the benefits of any statute now or hereafter in effect which would otheswile afford Lessee the right to make repairs at Lessor's expense or to terminate this Lease because of Lessor's failure to kNp the Premises in good order, condllon and repair. In addlllon Lessor wlU Insure that HVAC systems' major eleclrlcal systems and plumbing units are operable at time Lessee occupies the Premises. Lessor shall be obligated only to make any repair or replacement to either the HVAC on heating systems whose cost per needed repair or replacement exceed agg per Incidence. 7.2 LnsM'• Obligations: (a) Except as othetWise provided in this Lease, Lessee, at Lessee's expense, shall keep in good order, condition and repair the Premises and every part thereof includlng all plumbing, healing, air condition, ventilating, eledtical and lighting faclllles and equipment with the Premises, tbdures, lntertor walls and interior surface of exterior walls, ceilings, windows, doors, and plate glass and skylights localed within the premises. and au sidewalks and parkways adjacent to the Prmnises. Lessee expressly waives the benefits of any statute now or hereafter in effect, which would otherwise afford Lessee the right to make repairs at Lessol's expense or terminate this Lease because of Lessol's failure to keep the Premises in good order, condition, and repair. (b) If Lessee fails to perfonn Lessee's obligations under this Pa,agraph 7 .2, Lessor may at Lessor's option enter upon the Premises after 1 O days prtor written nollce to Lessee, and put the same in good order, condition and repair and the cost thereof together with interest thereon at the rate of 1n per annum shaH be due and payable, if not so paid, as additional rent to Lessor together with Lessee's next monthly rental instalment. (c ) On the last day of the tenn hentof, or on any sooner termlnallon, Lessee shal surrender the Premises to Lessor in the same candlllon as Alalived, broom clean, ordinary wur and 1 .. excepted, Lessee shall repair any damage to the 'Prwnlses occasioned by the rwnoval of Its trade tbdures , furnishing and equipment pursuant to Pa,agraph 7 .3(d), which repair shall lndude the patching and filing of holes and repair of structural damage. 7.3 Altarationa and Additions: (a) Lessee shall not. without Lessor's prior written consent, make any altef'allons, improvements, additions. or Utility Installations in, or about the Prmnises, acept for cosmetic albnllonS not exceeding 12.J2Q9 in cost . As used in this Pa,agraph 7.3, the tenn "Ulllty lnstalatlon" shall mean bus duding, power panels. wiring, fluorescent fixtures, space heaters, condulls, air condllon and plumbing. Lessor may require that Lessee remove any or au of said alteration, Improvements, addlions, or Ulllly Installations at the expiration of the term, and restore the PfWl'lises to their prior concltlon . Should Lessee make any alterations. improvemenlS, additions, or Utilty lnstalallc)n without the prtor approval of Lessor. Lessor may require that Lessee remove any or II of such. (b) Any alterations. improvements, additions or Utllty lnslallations in, or about the Premises that Lessee shall desire to make and which requira the consent of the Lessor shall be presented to Lessor in written fonn , with proposed detailed plans. If Lessor shall QM1 Its consent the consent shall be deemed conditioned upon Lessee acquiring a pemit to do so from appropriate governmental agencies. the furnishing of a copy thereof to Lessor prior to the con11•icemenl of the wclf1l and the compliance by Lessee of al condlions of said permit in I prompt and e.~ manner. ( c) Lessee shall pay. when due, II dllims for labor and fflllleftals fumlllled to or for Lessee at or for use in the Pnimises. which dllims n or may be NCUred by any meclllllic's or materialmen's lien against the Premises or any Interest ther91n. LeaN 111111 give L..or nat .... lllan ten (10) days notice prior to Ille commencement of any wclf1l in the PlwnlNs, and L..or lllal have the right to demand that Lessee post notices stating 11111 Landlonl's lnter81t In the PTwnisea and the Prem ises shall not be subject to any lien for labor or fflllerials IUIIPlled to the Prwnlw. If any • la lled against any portion of the Premises, then Lessee shall, at Its sole expenN, llnugh COUlll8I • SF fac:IDly to Lessor. in b reasonable discretion , defend itself and Lessor lglinsl the s.ne and shall pey Ind 2 ' .. •· • satisfy any adverse judgment that may be rendered thereon before the enforcement thereof against the Lessor or the Premises. If Lessor shall require, Lessee shall furnish to Lessor a surety bond satisfactory to Lessor in an amount equal to such contested lien claim. (d) Unless Lessor requires their removal, as set forth In Paragraph 7.3(a) , all dffllllona, improvements, additions and Utility Installations (whether or not such Utllty lnstallallons constitute trade tbctures of Lessee), which may be made on the Premises, shall bec:ome the property of Lessor and remain upon and be surrendered with the Premises at the expiration of the tenn. Notwithstanding the provisions of thiS Paragraph 7 .3(d), Lessee's machinery and equipment, other than that whlctt is afflxed to the premises so that it cannot be removed without material damage to the Premises, shaH remain the property of Lessee and may be removed by Lessee and may be removed by Lessee subject to the provisions of Paragraph 7.2(c). a. INSURANCE: 8.1 Liability Insurance: Lessee shall, at Lessee's expense, obtain and keep in force during the tenn of this Lease a policy of Combined Slngle Limit. Badly ll1UfY and Property Damage Insurance insuring Lessor and Lessee against any labillly artslng out olthe ownership, 1119, occupancy, or maintenance of the Premises and all areas appurtenant thenlto. Such insurance shall be a combined single llmlt policy In an amount not less than S1 ,000,000. The polcy shall contain crou llabllly endorsements and shall insure performance by Lessee of the indemnity provision of this Paragraph a. The limits of said insurance shall not, however, llmlt the llabilty of Leslee hereunder. Said Insurance shaH also have a Lessor's Protective Liatlillly endorsement altad1ed thenlto . If L.essee shall fail to procure and maintain said insurance, Lessor may, but shall not be required to, either proan and maintain the same at the expense of the Lessee, or terminate tllis Lease for Lessee's default 1.2 Property Insurance: The City wil be self.insurtng the real property for fair replacement value and wil name Brwt M. Teny as addlllonal insured . 1 .3 Insurance Potic:IN: Insurance required henlunder shall be in companies l'IClldlng a "General Policyholders Rating" ol B plus or better as Ml far1h In the moat current -.. of "8esl Insurance Guide". WNhin 10 days ol the date ol this Leue, L.eslH shall deliver to L....ar copiell of pollciN ol llatlilly insurance required under the Paragraph 1.1 or C8l1llcales evidencing the eciltala and amounls of such insurance with loss payable c:lauSeS satisfactofy to Leuor. No such palcy shall be cancelallle or subject to reduction of coverage or other modlllcallon e,apt after ten (10) days prior wrtlan nallce of Lessor. Lessee shall, wilhin ten (10) days prior to the expiration date of such policiN. fumiltl Lea« wilh renewals or "binders" thereof, or Lessor may order such insurance and ctia,ge the COit ttNnof to I.Nae, which amount shal be payable to Lessee upon demand, l.esHe shall not do, or pe,mll to be done, anything which shall invalidate the insurance policies refemld to in Paragraph 1.2. 8.4 Waiver of Subn)galion: Lessee and Lessor each ~ waives any and al rtgtlls of recovery against the other, or against the ofllcers. employees, agents and repraentallves of the acher, for loss of or damage to such waiving party or its property or the property ol Olllers under Ila control, wllef9 such loss or damage is insured against under the Insurance policy in force at the time of such loaa or damage . Any waiver under this paragraph 8.4 is limited to the Ulen! of coverage for tile subject loss or damage . Lessee and Lessor shall . upon obtaining the policies ol insurance required hereunder, give notice to the insurance carrier or carriers that the foregoing mutual waiver of subrogation Is contained in this Lease . 8. 5 Exemption of Lessor from Liability: Lessee hereby aggrNS that Leuor shall not be liable for injury to Lessee's business or any loss of income thenlfrom or for da·-:,age to the goods. wares, merchandise or other property of Lessee, Lessee's employees, Invitees, custcmen or any olller person in or about the Premises, nor shall Lessor be liable for qury to the pe,son of Lessee, Lessee's employees. agents or contractors. whether such damage or injury Is caused by or results from th, Slum, eledltaly, gas, water or rain, or from the breakage, leakage, obltruction or other defects of pipes, sprlnlders, wir91, appliances. plumbing, air conditioning or lighting tbctur9S, or from any other cawe, whether the uid damage or injury results from conctillons arising upon the Premises or upon GIiier po,tlons of the building of which the Premises are a part or from other sources or places and regardesa of whether the caia of such damage or injury or the means of repairing the same ii inac c 11111N to Lessee . Leuor ltlall not be liable for any damages arising from any ad or neglect of any other Leslee, I any, of the buldng In wllldl the Premises are located . < awa.or:.a .&c01100:.).16 1006 3 ,, ' 9· • - 9. DAMAGE OR DESTRUCTION: D 0 9.1 Partial ~nsured: Subject to the proylslons of Paragraph 9.3 and 9.4, If the Premises are damaged and such damage was caused by a casualty covered under Paragraph 8.2, Lessee shall, • Lessee's expense, repair sum damage • soon as reasonallly possible and this lase shall continue in full force and effect. In no event shaH Lessor be required to repair or replace l.eslee's lbctures. equipment or Lessee improvements. 9.2 Putial Daffla9e,,Unlnsured: Subject to the provisions of Paragraphs 9.3 and 9.4, If al any time during the term hereof the Premises are damaged, except by a negligent or wlll'ul act of L.esaee, Lessee's agents, employees or invitees on which event Lessee shall make the repairs at Its expense) and such damages was caused by a casualty not covered under any inlunlnCe requinld to be llllinlllned pu,suant to Paragraph a .2, Lessor may, al Lessor's option either (I) repair such damage• soon• reasonably possible at l.eslof's expense, in which event this lase shall continue In ful fan:e and effect. or (I) give written nollce to lessee within thirty (30) days after the date of the occunence of such dlmage of l.eslof's Intention to cancel and tennlnate this Lease u of the dllte of the occunence of such dlmage. In the event Lessor elects to give such notice of Leslol's intention to cancel and tennlnale this Lease, Lessee shall have the right within ten (10) days after the recelpl of sudl notlCe to give written notice to Lessor of Lessee's intention to repair such damage at LNeee's expense, witllout relmbulsemenl from Lessor. in which event this Lease shall continue in ful fan:e and efl'9c:t. and Lessee shall proceed to make such repairs• soon as reasonably possible. If Lessee does not give such notice within auch 10-day period, this Lease shall be canceled and terminated as of the dale of the oc:currenc:e of such damage. 9.3 Total Destruction: If at any time during the term hereof the Prernlses .. totally destroyed from any cause whether or not covered by the insurance requinld to be mailUined pursuant to Paragraph a.2 (Including any total deslrudlon required by any authorized pubic authoftty) this Lease shall automatlealy tenntnate as of the date of such total deslruc:tlon. u Damage Near End of Tenn: If 50tJlt or more at the Premises .,. destruyN or damaged during the last three months of the term of the Lease, Leslloror Lessee may, al elUlef'S opllon, cancel and terminate this Lease as of the date of OCCUff9IICe of such dlmage by giving written notice of termination to the other wllhln 30 days after the dale of OCCUffMC8 of such dllmage. 9.5 AN111nent of Rent: Lessee's Remedies: (a) If the Premises are partially deltro,ed or damaged, and Leaor or Lwee ,..... or restores them pursuant to the provisions of this Section 9, the rent payable hereunder for the l*tod during which sudl damage. repair or restcntlon continues shall be ablled in propoi1lon to the degrN to which Lessee's use of the Premises is impaired. Except for abelement of lWII, I any, Lwe lllall have no claim againSI Lessor for any damage suffered by reason of any such damage, 1eslrudl0n, repair or restoration . (b) If Lessor shall be obligated to repair or l'Nlore the Premises under the provision of this Section 9, and shall not c:ommenc:e such repair or restoration wllhln 30 days after such obllgallons shall accrue , Lessee may, at Lessee's option, cancel and termnate this Lease by giving Leaor wl1lten no?ice of Lessee's election to do so at any time pnor to the commencement of such repair or restonlllon. In such event. this Lease shaH tenninate as of the date of such notice. 9.8 Tennlnation: Upon terminallon of this Lease pu,suant to this Section 9, an equitable adjustment shall be made concerning advance rent and any advance payments made by l.8aee to Lessor. Lessor shall , in addition , return to Lessee so much of Lessee's security depc)lit as has not theretofore been applied by Lessor. 9. 7 Limitation: Lessee shall have the right to terminate this lase agreement if any damages required to be repaired by Landlotd are not repairad within eo days for ninor damage (~ al Premises or less) or 120 days for subslantial destruc:llon (aft'edlng greater than~ of the Pt•11iaes). 10 . PROPERTY TAXES: The Premises will be exempled from the Arapalloe Counly tax rolls a long as Premises is occupied by the City of Englewood and lherefofe there wll be no charge to lither Lwor or Lessee for said property taxes. 11 . UTILITIES: Lw shall pay dltedly the cost of gas, heal, llglll. power, lelephalie, _. and water , trash removal and other wllties and services supplies to the Prantsea. togalller wllll any taxa thereon . 4 ' ... .. .. ··· • • - • • • 0 12. ASSIGNMENT AND SUBLETTING : 12.1 Lenor's Consent Requiffll: Lessee shall not voluntarily or by operation of law assign, transfer. mortgage, sublet, or ottlelwise transfer or encumber al or any part of Lessee's interest in this Lease or in the Pn!mises, without Lessor's written consent, which Lessor shall not unreasonably withheld. Any attempted assignment, transfer, mortgage, encumbrance or subletting without such consent shall be void, and shal constitute a breach of this Lease. 12.2 LnNe Affiliate: Notwithstanding the provisions al Paragraph 12.1 hereof, Lessee may assign or sublet the Premises, or any po,tlon therwof, without Lesaor's c.onsent, to any corporation which controls, is controlled by or is under common control with Lessee, or to any corporation l9SUltlng from the merger or consolldallon with Lessee. or to any person or entity whldl ac:qulrN al the aaets of LNNe as a going concern of the business that is being conducted on the Pr9miles, provided that said assignee assumes, In ful, the obllgallons of Lessee under this Lease. Arry sudl 8llignment shall not, In any way, lflilct or linlt the llabilly of Lessee under the tenns of this Lease even If after sudl assignment or IUbllltllng the terms of the Lease are malerlaly changed or ahred wlUlout the conAnl of Lessee. the consent of whom shall not be nec:eaary. 12.3 No RelNN of Lasae: Regardless of Lessor's consent. no sullletllng or aalgnment shall release Lessee of Lessee's obllgallon or alter the primary llablllty of Lessee to pay the rent and to perfonn al other ollllgallon to be performed by LNNe !Mnunder. The acceptance of rent by Lessor from any other person shall not be deemed to be I waiver by Lessor of any provillon herlof. Consent to one assignment or sutlletllng shall not be deemed consent to any sublllquent assignment or subletllng. In the ewnt of default by any assignees of Lessee or any successor of Leslee In the perfannance of any of the tenns herlof, Lesaor may proceed dlrec:lly against ~ without the neceally of allaulllng remedies against said assignee. Lessor may consent to sublequent alignmenlS or subldlng of this Luse or amendments or modlflc:llllons to this Lease with assignees of I.NMe without nollfying Lessee, or any sua•aor of Lessee, and without obtaining ils or their consent thereto and sudl adlon shall not relieve Lessee of labillty under this Lease. 12.4 Allamey's Fees: In the ewnt Lessee shall aulgn or sublet the PrwnlsN, or request the consent of Lessor to any assignment or sulllelllng, or if LesaH shall request the c:onsent of Lessor for any act LeaN proposes to do. then Leaee lllall pey Lessor's l'NIOMllle lllomey's fNs lncumNI In c:onnec:tlon therewilll, suc:11 lltomey's fHs not to exceed S500 for NCl'I such request. 13 . DEFAULTS: REMEDIES: 13 .1 Defaults: The occurrence of any one or more al the following evenls shall consllute a material defaul and breach of this Lease by Lessee: <•> The vacating or abandonment of the PfWlliMs by LeaN. (b) The failure by Lessee to maklt any peymenl of rent or any other payment reqund to be made by Lessee hereunder. as and when due, where such fllilln shall continue for a period ofllne days after wrtten notice thereof from Lessor to Lessee. (c) The failure by L .... to obWve or petform any of the CCMIIIIIIS. ca1dlol• or provision of this Lease to be observed or performed by Lessee, ather than desCrtbed In Paragrapl'I (b) above , where such failure shall continue for a period of 30 days after wrllen nollce benlof from Lesaor to Lessee: provided, however. that if the nature al Lessee's default is sudl 11111 men than 30 days ... reasonably required for its cure, then Lessee shall not be dNmed to be in defd I L.wN cornmeiad such cure within said 30-day period and thereafter clligenlty ~ such can to campletion. (d) (I) The making by Lessee of any gene,al anangement for the benefl of cndlors; (I) the filing by or against Lessee of a petillon to have Lelsee adjudged a banaupt or a pelliOl'I for reorganization or arrangement under any law relating to banknlpk:y (uni.a, in the c:.e of a pelliorl tied against Lessee , the same is dismissed wiltlin IO days); (II) the appaiM'Mnl of a trUllN or ,.._,. to taklt possession of substantially al of LNSN's UNII IOcalad al the PTWlliNS ar of ~s 111111'111 In this Lease . where possession is not reslcnd to LesaN wlhin 30 days; or (Iv) the~ IIIIQlllon or other judicial seizure of suostantially al of l.NIN's auets localed al the PTWlliNS or ol LAIIN'I Interest in this Lease, where such seizure is not dllchalQecl wlhin 30 days. (e) The discovery by Leaar 11111 any tinanc:ial llalarMnl givell to Leaar !Ir .__, .., assignH of Lessee . any sul>-LeSSN of L ...... any u:cesw In inler9II of l.NIN or gua,antor ol Lessee 's obligation hereunder. and any of tllem, wes malerially falN . awooor.u.01 100: )"61006 5 ' ... ,, • • • 13.2 Remedies: In the event of any such material default or breach by Lessee, Lessor may at any time thereafter. with or without notice or demand, and without linillng Lessor in the exercise of any right or remedy which Lessor may have by reason of such default and breach: (a) Terminate Lessee's right to posaesalon oftlle Premises by any lawful means, in which case this L,ase shall terminl!te and Lessee shall immedlately surrender possesalon of the Premises to Lessor. In such event, Lessor shall be entitled to recover from Lessee all damage Incurred by Lessor by reason of Lessee's default inducing, but not llmitad to, the cost of recovertng poaesslon of the Premises; expenses of reletllng, including necasu,y renovation and aleratlon of the Prwmiles, reasonable attorneys' fees and any real estate commission actualy paid; the worth al tho time of awar.i by the court having jwtsdk:llon thereof of the amount by wtlictl the unpaid rent for the balanCe of the tenn after the time of sudl award exceeds the amount of such rental loss for the same pertod tllat Lessee proves could be reasonably 11/0idad; that portion of the leasing commission paid by Lessor pursuant to Paragraph 1 s appllcallle to the unexpirad tenn of this Lease. (b) Maintain Lessee's right to po11aS11on in which case this LNM shall conllnue in etrec:t whether or not Lessee shall have abllndonecl the Pnlmises. In such event I.War shall be enllled to enforce all of the Lessor's rights and remedies under this Lease, indudlng the rtgtt to recover Ille rent as it becomes due hereunder. (c) Pursue any other remedy now or herNfter lYllilable to Lessor under the laws or judicial decisions of the Slate of Colorado. 13.3 Dafallt by LAaor: Lessor shall not be in defNt unless Lessor falls to parform obligations required of Lessor within a reasonable time, or such shorter pertod of time • la l'NIOnable in the evenl of any erne,gency, but in no event later than thil1y (30) days after wrtlhln notice by Lessee to Lessor and to the holder of any llrSI mortgage or dNd of tnlll CCMll1ng the P1•111Ra wllON name and address hall have theretofore bean furnished to L.assee in writing, specifying whef9in I.War has fa~ad to peffonn such obligations: provided, however, thal if the nabn of Lessar'S Obligation is such tllat men than thirty (30) days are required for performance, then Lessor sll .. not be in defaull I Lessor commences performance wilNn such 30-day pertod and ltlerufter cllgenlly proucules the same to completion. 13 .4 Lala Cllargn: Lessee hereby aclcnowledges tllat 11118 sie,men1 by LaaN to Lessor of rent and other sums due hentunder wll cause I.War to incur costs not Clllall--by tllis LNle, the exact amount of which wil be ext1e1.ely dlflladl to ISClftain. Such costs include, but .. not llmbd to, processing and ac:countlng dlarges and la• clla,vea which may be impoNd on Leuor by the l8lma of any mortQage or trust deed covenng the Prwnlsea. Acconllligly, I any lnatallmenl of 19111 or any oller' sum due fonn Lessee shall not be received by Lessor or Leaor's de9lgnN wllllln ten (10) days .. such amount shal be due. Lessee shall pay to L.essor a late charge equal to 15~ of such owerdue amount. The parties agree that such late charges represents a fair Ind reasonable Nllma of the costs L.essor will incur by reason of late payment by Lessee. Acceptanca ol such 11111 chalve by L.essor sllall in no event constitute a waiver of Lessee's defauR with respect to such overdue amount. nor pntVWt L.essor from exercising any of the other rights and remedies granted heteunder. 14 . CONDEMNATION: If the Premises or any po,tlon ttlentof ant taken under the power of eninent domain, or sold under the threat al the exercise ol said power (all ol which 1nt herain Clllad "condemnation;, this Lease shall terminate a to the pal1 so taken • of the dam the co11dam,i11g authority takes possession . If more than 25% of the floor .. a ol the irnpnNerMnla of the P1anilaa, or more than SO% of the land area of the Premises which is not occupied by any mpruvements, is taken by condemnation, Lesaee may. at Lessee's option, to be uan:ised in wrtang onty wiltin ten (10) days Iller Lessor shall have given Lesaee written notice of such taking (or in the abUnce of such notice, wiltin ten (1 O) days after the condemning authority shd have taken poaassion) hlffllinale tllis LNa • of the dale the condemning authortty takes such possession. If.__. does not...,.. tllis LNa In acanllla with the foregoing, this Lease shall remain in full fon:e and "'9c:l a to the po,tlon of the PlwnilN remaining, except that the rent shall be reduced in the pn)pOltion tllat the loor ... tallan bears to the total floor area of the building situalad on Ille Premises. Any r.-.nl for the taldllg of al or any part of the Premises under the power of eminent domain or any payrnant made undar ltnal of the .-die of lUdl power shall be tl\e property of Lessor, wtleltler such award snall be made • rmipe.lSllllon far the diminution in value of the leasehold or for the laldng of the fN, or a -.,-a dlmlgaa; pnMdad, ' however. that Lesaee shall be entitled to any award for loss of, or damage to, LlaN's trade lldlll'N and llW060r.• -lcO l 1002 3"'6 1006 6 ' • • • 0 CJ removable personal property . In the event that this Lease is not terminated by reason of such condemnation, Lessor shall. to the extent of severance damages received by Lessor in connection with such condemnation. repair any damage to the Prwnises caused by such condemnation except to the extent that Lessee has been reimbu,-cl thef9font by the condemning authortty. Lessee shall pay amount In excess of such severance damages required to complete such repair. 15 . BROKER'S FEE: Upon execution of this Lease by both parties, Lessor shall be responsible for the payment of the real estate broker's fee as set forth in a Mpanlte agreement between Lessor and Broker, if any . 18. GENERAL PROVISIONS: 18 .1 Estoppel ~= (a) Lessee shall, at any time, upon not less than ten (10) days prior written notice form Lessor, execute, acknowledge and deliver to Lalor a statement In writing (I) certifying that this Lule is unmodified and in full force and effect (or, If modllled, Ullng that nature ot such modltlcallon and certifying that this Lease, u so modllled, is in ful force and effect) and the date to which the !Wit and other charges are paid In advance, If any , and (I) ac:tcnowledgi11g that there are not. to Leaee's knowledge, any uncured defaub on the part ot Lestor henlunder, or specifying such defaults If any are claimed. Any such statement may be condUSMly l'lllled upon by any piospec:llve purchaser or encumbrancer of the Premises. (b) Lessee's failure to dellYer such statement wlhln such time shall be conclusive upon Lessee (1) that this Lease is in ful force and ell'ect. without modltlc8lllon except as may be repre•uted by Lessor, (Ii) that there are no uncured defaults in Lessor's peifonnance, and (II) that not more than one month's rent has been paid in advance or such failure may be considered by Lessor as a default by Lessee under this Lease . (c) If Lessor desires to finance or refinance the Premises, or any part thereaf, Lessee hereby agrees to deliver to any lender designated by Lessor, suc:11 financial statement of Lessee as may be reasonably required by such lender. Such statements shall include the pat thnle yen flnanc:ial statements ot Lessee . 18.2 Leaor's LJallillty: The tenn "lessof" • used llenlin shall mean only the owner or owners at the time in question of the fee tllle or a Lessee's interest in a ground lease of the Premises, and except as expressly provided In Paragraph 15, in the event of any transfer of such tllle or lnter9ll. ..eaar herein named (an in case of any subsequent transfers the then ~ shall be relleV9d fram and after the date of such transfer of d liability • respeds Lessor's obligations thereafter to be pe,formed. provided that any funds in the hands of L.essor, or the then grantor, at the time of such transfer, In which Lessee has an interest, shall be delivered to the grantee. The obllgatlons contained in tl1ls Lule to be performed by Lessor shall, except as aforesaid, be binding on L.euof's succerm and assigns, only during their respectable periods of ownership. 18 .3 ~: The invalldlty of any provision of tl1ls Leue, u del9n'nkled by a court of competent jurisdlc:tlon, shall in no way affed the validly ot any otller provision hereof. 18 .4 lntllrest on Past-Due Obllpliona: Elacept as mq,ressly herein provided, any amount due to Lessor not paid when due shall bear interest at 1~ per annum from the date due. Payment of such interest shall not excuse or cure any default by Lesaee under this Lease, provided, however, tllat interest shall not be payable on late charges incurred by Lessee. 18.5 Time ot Eaence: Tme is of the eaence . 18 .6 capdons: Altlde and paragraph capliorlS are not a part hereof. 18.7 Incorporation of Prior Agreements: Amendments: This Lule coruins all agreements of the pat1les witl'I respec:t to any matter menlloned herein . No prior agreement or understanding pet1aining to any such matter shall be elllc:llve. Tilis LNN may be rnocllled In wrlllng only , signed by the parties in interest • the time of the mcdlcllllon. Emlpt • ottlelwile Med In tllll Lease . Lessee hereby acknowledges that neltler real estate bnlllar, nor any cooperallug bnlUr' on this transaction , nor the Lessor. nor any employees or agenla of any said pel'IOIII, ha mede any oral or written warranties or representations to Lessee '9latlve to the c:ondlion or me by Leaee of said Premises. 18 .! Notices: Any notice required or pennilted to be given hereunder shall be in wrlllng and may be given by personal delivery or by certified mail , return receipt '9qUelled, and l gil,erl J>1f'SOllllly or 7 ' ... .. '. • • • ·• • • r·---. c_J by mail, shall be deemed sufficiently given if addressed to Lessee or to Lessor at the address noted below the signature of the respective parties, and actually delivered or refused for deUvery, as the case may be. Either party may by notice to the other specify a different address for notice purposes except that upon Lessee's taking possession of the Premises, the Premises shall constitute Lessee's address for notice purposes. A copy of all notices required or pennitted to be given to Lessor hereunder shall be concurrently transmitted to such party or parties at such addresses as Lessor may from time to time hereafter designate by notice to Lessee. 18.9 W.lwn: No waiver by Lessor of any prevision hereof shall be deemed a walYer of any other provision hereof or of any subsequent breach by Lessee of the same or any other provision. Lessor's consent to or approval of any ad shall not be deemed to render unnecessa,y the obtaining of Lessor's consent to or approval of any subsequent ad by lessee . The acceplance of rent hereunder by Lessor shall not be a waiver of any preceding breach by lessee of any provision hereof. 18.1 o Recording: Lessee shall not record this Lule without Lessor's prior written consent, and such recantation without Lessor's consent shall, at the option of L9SISOI', conslltute a non-curable defaul of Lessee hereunder. Lessee shall, upon wrttlen request of Lessor, execute, acknowledge and deliver to the other a short fonn "memorandum" of this Lease for reconilng purposes. 18.11 Holding Over: If Lessee remains in possession of the Premises, or any part thereof, after the expiration of the term hereof, without the expniss wrttlen consent of Lessor, such occupancy shall be a tenancy from month-to-month at a rental in the amount of 125% the last monthly rental plus al other charges payable hereunder, and upon all the tem,s hereof applicable to a month-to-month tenancy. 18.12 Cumulatlve Remedies: No remedy or election hereunder shall be deemed exdusive, but shall, wherever possible, be a.mulative with al other remedies at law or in equity . 18.13 Covenants and Conditions: Each provision of this Lease perfonnable by Lessee shall be deemed both a covenant and a condllon. 18.14 Binding Effect: Choice of Law: This Lease shall bind the parties, their personal representatives, successors and assigns. This Lease shall be governed by the Laws of the State of Colorado . 18.15 Subordination: (a) This Lease. at Lessor's option, shall be subordinate to any ground lease, mcxtgage, deed of trust, or any other hypothecation for security now or hereafter placed upon the l'NI property of which the Premises are a part and to any and all advances made on the NCUrlty thereof and to all renewals, modlflc:atlons, consolidations, replacements and extension thereof. Notwlthslandlng such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee ii not in default and so long as Lessee shall pay the rent and observe and pe,fonn all of the pn,villon of thla Lease. Unless this Lease is othelwise tenninated pursuant toils terms. if any mortgagee, trullee or ground Lessor shall elect to have this Lease prior to the lien of Its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee. this Lule shall be deemed prior to such mcxtgage, deed of trust , or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of rec:ordlng therllof. (b) Lessee agrees to'execute any documens required to effectuate such subordlnallon or to make this Lease prior to the Nen of any mortgage , deed of tNlt or ground lease, as the case may be , and failing to do so within ten (1 O) days after written demand does hereby make, conslllute, and irrevocably appoint Lessor as Lessee's attorney-in-fad, and in Lessee's name , place, and stead to do so . 16.16 Attorney's Feea: If either party or the broker named herein brings an action to enforce the tenns hereof or declare rights hereunder, the prevailing party in such adlon, as determined by the presiding fad-finder on trial or appeal, shall be entitled to his reasonable attorney's fNs to be paid by the losing party as fixed by the court . 16.17 L.eaor's AccNa: After reasonable prior notice to Lessee, Lessor and LUIOl's agents shall have the right to enter the Premises at reasonable times for the purpose of inlpecting the ume, showing the same to prospective purdlasers, lender or Lessees, and malling such alerallons, nipalr, improvements or additions to the Premises or to the building of wtlictl they .,. a part u Lesaor may deem necessary or desirable . Lessor may, at any time, place on or about the PrwnlaeS any ordinary "For Sale " signs , and Lessor may, al any time during the term hentof, place on or about the Premises any ordinary "for Lease" signs , all without rebate or rent or labillty to Lessee . lllll060r.• ...011002 ).061006 8 ' •· • ... • • 0 16 .18 Signs and Auctions: Lessee shall only place business signage on the Premises that is in compliance with the local sign ordinances and previously approved by Lessor, in its reasonable discretion . 16.19 Merger: The voluntary or other surrender of this Lease by Lessee, or a mutual cancellation thereof, or a term ination by Lessor, shall not work a merger, and shall, at the opllon of Lessor. terminate au or any exiStlng subtenancies or may, at the option of Lessor, operate IS an assignment to Lessor of any or an of such subtenancies. 16 .20 Autllortty: Each individual executing this Lease on behalf of the Lessee represents and warrants that he/she is duly authorized to execute and deliver this Lease on behalf of said Lessee In accordance with a duly adopted resolution of the required City authorllles, or In accordance with the Bylaws of said Lessee. and that this Lease is binding upon said Lessee In accordlnce with 11s terms. Lessee shall, within thirty (30) days after execution of this Leue, deliver to Lessor a certified copy of • resolution of the required City authorttles authortzlng or rallfylng the execution of this Lease . 18.21 Consents: Wherever in this Lease the consent or approval of one party is required to an act of the other party, sucn consent shall not be unreuonably withheld . 18 .22 Guarantor: In the event there is a guarantor of this Lease, said guarantor shall hive the same obllgltions IS Lessee under Paragraphs 18.1 and 18.20 of this Leasa. 18 .23 Quiet "--lon: Upon Lessee paying the fixed rent l'8S9Mld hereunder and observing and performing all of the covenants, conditions and provisions on Lessee's part to be obleNed and performed hereunder, Lessee shall have quiet possession of the Premises for the entire term hereof for the use provided In Secllon 8 .1 subject to al of the provisions of this Lease. 16 .24 First Right of RefUal: If Landlord receives a bona fide third-party offer (a "sale off-, for the sale of all or any portion of the space in the Building (the "Space1, before entertng Into a sales agreement Landlord win offer to sell the same Space to Tenant at the price and otherwise on the terms and conditions of the sale offer. If within 15 days following receipt of Landlord's offer Tenant agrees in writing to purchase the Space on the tenns specified in the offer, Landlord and Tenant wil execute an agreement for Tenant's purchase of the Space within 30 days after Landlord's receipt of Tenant's notice of acceptance . If the purchase agreement with T~ is not signed within such 30-day period, Landlon:I will have the right to accept the third-party offer free of the rights of Tenant under this Secllon 18.24. Tenant's right of first refusal under this Section 18.24 wil continue throughout the Term and any renewal term . 18 .25 Additional Provisions: (1) Lessor shall deliver the leased premises in a dean condition and with al systems cum,ntly instaUed in the premises : electrical, mechanical , lghtlng and doors, in good operating condllon. (b) Lessee shall maintain the premises in a dean, orderty and safe manner and be responsible for parking lot cleaning, and parking lot and sidewalk snow removal. (c ) It is Lessee's responsibility to insure that their use of the premises complies with local zoning ordinances for said use . (d) Lessee covenants with Lessor to notify Lessor of any and all hazardous substances (as defined below) generate or stored a the premises, to comply with all obligations imposed by applicable law, rules . regulations or requirements of any governmental authority upon such generation and storage of hazardous substances, to prohibit any generation, storage of disposal of hazardous substances at the Premises , except as pennitted by Lease. to deliver promptly to Lessor true and complete copies of all notices received by Lessee from any governmental authority with respect to the generation , storage or disposal by Lessee of hazardous substances , to promptly notify Lessor of any spills or accidents involving a hazardous substance . and to permit reasonable entry onto the Premises by Lessor for verification of Lessee's compliance with the covenant. Lessee agrees to utllze only transporters approved by the Environmental Protection Agency and the State of Colorado to deliver and remove hazardous substances form the Premises. Lessee also agrees to indemnify and defend Lessor (with legal counsel reasonably acceptable to Lessor) from and against any costs, fees or expenses (induding , without limitation , clean-up expenses, third-party claims and envlronmeftal impairment expenses , loss of rent , and reasonable disposal of hazardous substances . This indemnillcatlon by Lessee shall survive the termination or expiration of this Lease . "Hazardous substances" shall mean : 1. "Hazardous substances·, IS defined in the Comprehensive Environmental Response, Compensation and Liability Ad, as amended ; RW O.Or.:•-ldll lOOl J.161006 9 ' •· • ; I I ~ i .... 0 . ' J' t IJI i'III I l~~~~l~i~ i R i Ir ! 111:·1 !I iii lfLdJt!g(!d,IIIQll"IJ e 1( ~ J1 r • h .• ,,l!.dth _ It n. .. ,.. -.. -, ........ 0 'S Ii ji ~ i Ii 1n1u• u;1u 1 '1lliJ1r1s i II i I 1flf ;1l(f(11.l,}!f ,,I ~ f >t •. ~ l ~ ' i ·11 I 11111 • r 'I I§ ~ 11 I. • I i·,1·1, .. 111 ! II Ii I . I I "I 1·1 'I a r~ ' i ' ' !I I ! ' ihiil!I! ,i I I ~, I!: ii', ' I i!!'1i1il :( 'I s,JI ;1 . I l'I iJ,11 !I •1 i. "I 1 n 1= · . J • •1; ,11 11 t t · , ~ ,I · ' 1 n 1 · • • . , I COUNCIL COMMUNICATION Date Agenda Item Subject Trammell Crow Public Art Project February 4, 2002 10 Ci INITIA11:0BY STAFF SOURCE Community Development Lauri Darmemiller, Senior Manager PREVIOUS COUNCIL ACTION At the July 2, 2001 City Council Study Session, council met with artist David Griggs to discuss the proposed Trammell Crow Public Art project. RECOMMENDED ACTION Staff requests that Council approve by motion, the contract with Mr. David Griggs, (artist) for completion of the Trammell Crow Parking Garage public art, hereinafter referred to as "Art Wallw in the amount of $100,000. BACKGROUND The August 2000 development agreement between the City and Trammell Crow included a clause whereby in lieu of TCR's requirement to paint the 4-story parking structure, a contribution of $50,000 would be made towards a public art piece to be installed on the western side of the parking garage. The agreement called for the City to match TCR's $50,000 contribution for a total award of $100,000. Under the terms of this contract the artist will create a piece of work, which does not differ substantially from the proposal delivered to the City on March 5, 2001 . (See attached). All work will be completed at the artist's expense and will be installed and completed within 8 months of the contract date, or in early September 2002. Community Development staff will work closely with the artist, other City departments and Trammell Crow representatives to ensure the project progresses in accordance with the terms of the contract. FINANCIAL IMPACT In a cooperati ve agreement, Trammell Crow and EEF/ City have committed $50,000 each, which will cover all cos ts associa ted with completion of the Art Wall. Payment to the artist will be distributed in iour pa yments, the first two made by the City and the second two made by Trammel Crow Residential. Artist will invoice the respective payee at thirty (30) days after contract, upon completi on of one-half (1/2) of the work, after fabrication , and upon completion and acceptance by th e City and TCR. ATTACHMENTS Artis t Proposal Con trac t ART WALL CONTRACT THIS CONTRACT is made and entered into this __ day of 200_ by and between the CITY OF ENGLEWOOD, a Home Rule City emtin1 under and by virtue of the laws of the State of Colorado, whoae lepl addreaa is 1000 Englewood Par.Ir.way, Entlewood, Colorado 80110, hereinafter referred to u the "City" and TCR Entlewood Holdinp Limited Partnership and/or aui11111, hereinafter referred to u "TCR", whole lepl addreaa is 1873 South Bellaire Street, Suite 1550 A. Denver, Colorado 80222, and David Grigp, whoae lepl addresa ii 715 Galapqo Street, Denver, Colorado 80204, hereinafter referred to u the "Artiat-Contrac:tor." WHEREAS, the Artist-Contractor submitted his Propoaal (the "Propoeal") to the City March 5, 2001. for the creation, and comtruction of one piece of art hereafter referred to u "Art Walr which ii planned to be placed on the west wall of the free standinr TCR prap structure (the "Locationj, located at the Aluan CityCenter, Entlewood. Colorado. WHEREAS. the City and TCR have elected to accept the Propoaal of David Griggs, aa proposed and presented to the City and TCR in the attached Propoaal submitted March 5, 2001, includins written text and ir:raphic display. WHEREAS, the City, TCR and the Artist-Contractor mutually desire to enter into this Contract to eovem the purchase, installation and maintenance of the artwork upon the terms and conditions set forth herein. The Artist-Contractor, David Grigp, suaranteea that he will be the artist who creates the artwork. NOW, THEREFORE, for good and valuable conaideration, t.opther with the mutual promises contained herein. the parties do hereby agree u follows: ARTIST-CONTRACTOR'S RESPONSIBI1JTIES 1. The Artiat-Contr3ctor shall create the artwork alao described herein u the "Art Wall" which shall not differ substantially in texture or rles ign and all other details &om the submitted Proposal as presented by David Grin he City of Englewood March 5, 2001. (See "Exhibit A".) 2. The Art Wall shall be created and constructed by David Grins at the Artist· Contractor's sole expense. 3 . The artwork shall be completed, delivered and installed by the Artist-Contractor at the Location not later than eight (8) months after execution of the contract, in substantial compliance with this Contract and the specificatiom and Propoul presented to the City and TCR. unle11 otherwise qreed to in writinc betw'ffn the parties. Notwithstanding the foreeoing, if the Artist-Contractor hu not met the completion, deliveey and installation requirementa within eipt (8) months of the execution of this contract, but the Artist-Contractor ui dilipntly, actively and continuously pursuing the same, the completion date may be extended by written agreement of the parties to a later date (the "Extended Completion Datej but in no event s hall s uch date be extended beyond twelve (12) months of the •icninl of this • t contract. [f the Art Wall ia not completely imtalled by the Completion Date or the Extended Completion Date, if applicable, the City and TCR ,ball haw the option to nmaotiate the completion date or to terminate thia Contract. If the City and/or TCR ei.c:t to terminate Wider thia Parqraph, the Art Wall aba1l be remOftd and the Artiat- CoDtractor aball refund all pa:,mentl mada by TCR and the City up to the date of termination. Notwithetaudinc the &naoinl, in the eftJlt Artiat-Ccmtnctar ia unable to mHt the completion date or the at.ended ccaplacioa dat.l, becauae of dalaya from cauan beyond nuonable control of the Artiat-Comrac:tor, iadudiq, but aat limited to, ac:ta of Goel. ac:ca of TCR or the City of Enpwoocl, work atoppape, inability to obtain fuel, materiala or parta, dala:,a in tralllportaiion, &rn. accidema, or flooda.. then the compleaon date or ntended coapletion data, wbiicbner ia applicable, aba1l be mended a a period of time equal to the leqth of IUCb ct.Jay • clelaya. Acmpwxe of artwork upoa cla1mr7 aba1l comtmate a wai'Vft by TCR and the City of Baaf,twood of any c:laima Im damape oa accoum of delaya in daJmlrJ or perfanaa:nce. 4. Tbe Artiat-Comract. aball prcmda an iueallatioa. and encinNriDI plan lhowjq weipt load. illltallation materiala aad inetaUaaon m.ethocla. Thu plan lhall be prcwidad to the City and TCR at leut tbiny (30) daya prior to the propoeed date of inatallation of the Artwork. Aftll' approval of the plan by the City aad TCR, the Artiat-Cootrac:tor abal1 inataJ1 the Art Wall in ita deeipated Location. Tbe Artiat- Cootnct:or will prcmda ncom.mendatiom A:ir the m,; .. -.~"'t"-Art Wall. IfTCR diapprovN 1ucb inatallation aad eqiDaeriq plan 11eca-their encmeer can abow 1uch plan tbreat.ena or would ad'VVNly a&c:t die ltrUl:Cllnl intesritr of the parkinc prap atructure, no iueallation of the Art Wall Sball be performed OD the parkiq prap ltructuft until Artiat Contractor providN a plan that ..aa&n TCR'1 eqimer. 5. Tbe Artiat aball inataJ1 the Art Wall in the Location in a manner tbat will aat umeuonabJy intemre with TCR'1 opemq ar operat:iaa of the pukms ~- 6. Tbe Artiat-Contractor apreuly ..-. to be liable far all coata, nab ad apeDNI incurred by the Artiat-Cootractor to comply with the tierml of thia Comract &114 110 part of the c:oate thereof ,ball be c:barpd to the City or TC1l 7. Tbe Artiat-Contractor ia, &Ir all purpoau of thia Contncc, an iDdapeuam Artiat- Contractor and nothiq bllnin conWDld aball ·CCIIIMiiute or deeipata the Artiat- Contnu:tor or any of ite aubc:ontracton, employws, apma, or otberwiae u emplo,Na or agents of the City or TCR. 8. Tbe Artiat-Contractor, the City and TCR qrn that thia ia a contract for expert individual artiatic aerncea and that tbia Contract ia not 1eip•bla by the Artiat· Contractor. -2- 9 . The Artist-Contractor shall take all reasonable action necessary to protect persons and property from l.lljury or loss, throughout the creation, construction and installation OF THE ART. The Artiot-Contractor shall hold TCR, the City and their officers, agents and employees, harmleBB from and against all claima, demanda, liability, damages, suits, actions or causes of action, of any kind or nature which may be broupt or asserted against TCR. the City or their officers, agents and employees, arising from the Artist-Contractor's or its subcontractor's failure to perform in compliance herewith. 10. The Artist-Contractor shall obtain and maintain, during the construction and imtallation of the Art Wall. a minimum of two million dolla.-a of general liability imurance which shall include imurance for damage to the location or parkinc garqe structure u noted on attached imurance documentation, -Ezhibit B, with the City and TCR u additional imured parties and shall provide proof of same to tlw City and TCR prior to the commencement of imtallation. Artist-Contractor ahall be responsible for imurance for himself as an independent contractor and ahall carry Workmen's' Compensation Insurance on his employen and ahall cauee hia aubcontrac:ton to carry Workmen's' Compensation Insurance on their employees. 11. The Artist-Contractor shall procure all permits (including buildinc permit,) and licenses and pay all required charpa and fees at his sole expense. Thia shall include the cost of installing and connecting any required electricity to a City or Enr!ewood Environmental Foundation power source. 12. The Artist-Contractor hereby expressly warrants that the work to be done by him, pursuant to this Contract, shall be done in a iood and workman-lib manner and conatructed and fabricated with m ateriala u specified by the Artiat-Contractor in hia Propoeal and that the Art Wall •hall be fully warranted apinat defec:tl in the construction and installation of the Art Wall and any damage to the Location for a period of twelve (12) months, commencing upon the completion of the imtallation of the Art Wall. The Artist-Contractor shall maintain the insurance required in Paragraph 10 of this Agreement, during the twelve (12) month warranty period. Installation shall be deemed complete upon acceptance by the Englewood Parka and Recreation Director, a representative of the City's Cultural Arta Commiuion, tlw Englewood Public Work's Director. and TCR or their delisnees. PtJRCHASERS' RESPONSIBILITIES 13 . TCR shall allow the installation of the Art Wall on the exterior of the parkinc structure as described on the plan attached as "Exhibit A" and shall allow adequate acceu to the Artist-Contractor for the installation of the Art Wall. 14 . The City shall regularly maintain the Art Wall and shall be responaible for iJl ongoing expenses associated with said maintenance after its installation and acceptance by the City and TCR. Such maintenance shall be in a good and workman-like manner with the exception of natural weatherin1 and ordinary deterioration. 15. The City and TCR agree that they will not intentionally deatroy damage or otlwnriae alter the Art Wall in any way whatsoever after ita completion. No alterations ahall be made in the Art Wall without the prior written approval of the Artiat Contnctor, wluch approval shall not be unreasonably withheld. If any chanp, alteration, or destruction occurs to the Art Wall after it haa been completed and inatalled, includiq any change in the interrelationship or relative locatwna of parts of the Art Wall, it will -3- no longer be represented as the art work of the Artist Contractor upon receipt of a written request to that effect &om the Artist Contractor or the Artist Contractor's heirs. If the City or TCR shall at any time decide to remove the Art Wall, it shall give notice to the Artist-Contractor and offer the Artist-Contractor a reasonable opportunity to recover the Art Wall at no coat to the City or TCR. PAYMENT TERMS ANP CONDITIONS 16. Subject to Paragraph 23 hereof, the City and TCR Englewood Holdinc Limited Partnenbip, by TCR MS Englewood, Inc. General Partnership hereby agree to pay to the Artist-Contractor one hundred thousand dollan ($100,000) the construction of the' Art Wall, ita imtallation and installation at the Location. The City and TCR shall each pay &fty percent (50%) of the total contract price of one hundred thousand dollars ($100,000) on the following term.a and condition.. a. The City shall pay the following schedule of payments: i . Payment of the aum of thirty thousand dollars ($30,000.00) of the Contract amount within thirty (30) days of the mutual execution of thia Contract. ii. Payment of twenty thouaand dollara ($20,000.00) upon fabrication of one-half (112) of the elements of the artwork, u reasonably determined by the City and TCR. b. TCR shall pay the following schedule of Payments: i. Payment of thirty thousand dollan ($30,000.00) upon the completion of the fabrication of the Art Wall. ii. A final payment of twenty thouaand dollara ($20,000 .00) upon installation of the Art Wall and completion of the project and its acceptance by the City and TCR pursuant to thia contract. e,, The payments set forth in thia paragraph are conditioned upon the aubmittal t.o TCR and the City of pmd invoice, together with lien waivers, in form and content reuonably acceptable to the City and TCR. Such lien waiven shall be accompanied by the Artiat-Contractor"s affidavit certifying that all labor, materialmen and supplies have been paid in full for the atap of work for which payment ia due . Such affidavit 1ball contain the obliption of the Artist-Contractor to indemnify TCR and the City, apinat any losa or damage that they may incur should the warranties and representations of the Artist-Contractor prove to be untrue. Specifically, the third payment will be conditioned upon the receipt of lien waivers for the work done pursuant to paragraph 15 (a) (ii) and the final payment will be conditioned upon the receipt of all lien waiven. After the 6nt payment by the City u provided for in Paragraph 16(a)(i), any further diabunementa will be conditioned upon receipt of lien waiven for the work done u represented by the prior payment or payments. Final payment will be conditioned upon the receipt of lien waivers for all work performed. 17 . The City, through its City Manager or dea1gnee and TCR shall have the joint authority to determine when the artwork bas reached a given stage of completion . -4 - 18. The Artist-Contractor shall at all timee promptly make payments of all amounta lawfully due to all persona supplyina or furniahiq it or ita subcontractors with labor or materials uaed or performed in the creation and manufacture of the Art Work provided for in tbia Contract, and agreu that be will indemnify and bold harm.leN the City and TCR et each invoice stap, and their officers, apnts and employea to the atent of any payments in connection with the c:arryi.n( out of any such contracts which the City and TCR may be required to make under law. OWNERSHIP awl COPVRIQHT 19. Upon commencement of the creation by the Artiat-Contnctor afthl artwork, ownership of the artwork ehall npnuly nat in the City. Tbe City of Enpwoocl ehall be the eole owner of the artwork and the Arciat-Contnctor benby npnuly reaenN every richt available to thl Artiat-Contractor under the Federal Copyright Act and all other richta in and to the work escept o;enership and poeeellion. The Arciat-Contractor aranta to the City and TCR under tbia Contract. the richt to publish diaplay and reproduce the artwork by pbotocre,pbic or mechanical methoda, for any non-commercial or City purpoee. The Arciat-Contractor srants to the City and TCR under thie Contract the rifht to diptally publish, diaplay or reproduce thl artwork on the City's website or pap. The Arciat-Contractor asreee to releaN and bold harmleu the City and TCR and their officen, members, apnta and -pkl,Ne from any and all caueea of action. suits at law or equity, damands or claims resultinJ from the publication and display of the Art Wall on the internet. 20. All reprodw:tiona of the Art Wall by the City ehall contain a credit to the Artiat- Contractor u follows:• David Grias 2000". The Arciat qren to pYW credit in the following form "Oricinal owned by thl City of Enslewoocl. Colorado in any lhowiDs of any reprodw:tiona of the Art Wall. 21 . The City ia a "public entity" within the meaninc of the Colorado Gonrnmental Immunity Act, §24-10-101 et aeq., and nothiq in tbia Contract ehall be dNmed a waiver by the City of any provision of that act. The City ia a participatiq member of the Colorado Intergovernmental Riak Shariq Apncy (CIBSA) and u auch participates in vario1111 coverapa provided by CIR&\, all u daac:ribed in Eshibit C attached hereto. The City shall maintain the ccmirapa Mt forth on Exhibit C with CIRSA duriq the term of tbia Contract. 22 . The City wilibe responsible for its acts and the acts ofita employees or subcontractors as to the obliptiona of the Cir.y herein &or the maintenance and repair of the Art Wail. -S- TERMINATION 23 . Unlesa this Contract is earlier terminated punuant to Paragraph 3, after the Art Wall baa been completed, this Contract may be terminated by TCR or the City subject to written notice provided to the other party within thirty (30) days prior to any termination date upon such termination, the rights duties and obqatiom of TCR and the City shall be governed by the proviaions of Parasnphs 25 and 26. It is specifically understood and ail'ffd that the Artist-Contractor shall have no riJht to terminate this Contract prior to installation and completion of the Art Wall, except for the City and/or TCR's breach of covenants aet forth in Parasnph 16. In the event of aucb breach by the City and/or TCR. and termination by the Artist-Contractor, the Artist-Contractor shall be entitled to Artist-Contractor's documented out-of-pocket coats incurred in connection with the fabrication and installation of the Art Wall. 24. If the Artist Contractor faila to perform any of hia duties under this Contract or if the completed Art Work faila to meet the plans and specifications as shown in the Artist Contractor's Propoaal, the City and TCR jointly may without prejudice to any ri&ht or remedy, terminate this Contract with the Artist Contractor upon thirty (30) days prior written notice. If the event of such termination, Artist Contractor shall reimburse the City and/or and TCR for all aums paid by the City and TCR to Artist Contractor. Until aucb payment. all finished and un5niabed drawinp, sket.chee, photolJ'&phe and other work producte prepared and submitted or prepared for submiaeion by the Artist Contractor in this Contract, ahall remain the property of the City. Upon such reimbursement to both the City and TCR. such drawinp, 1ket.ches. etc., ahall become the property of the Artist Contractor. MISCEIJc1ANJmus 25. If at any time after completion of the Art Wall. either the City or TCR terminates this Contract without cauee, the non-terminatiq party shall be reimbuned by the terminatiq party a pro rata amount of all suma spent by the non-terminatiq party pursuant to Parasraph 16. The pro mta amount shall be calculated by multiplying the ratio obtained by dividing the number of days remainin& in the term of this Agreement by the total number of days comprisinc the term of this Contract (9,125 days) multiplied by $50,000.00. "Cauae• 88 ueed herein, meane that the non• terminating party baa failed to carryout its duties and obligatiom as provided for herein. 26 . If at any time after completion the Art Wall is removed by a party when thia Agreement has been terminated by such party without cauee, such party ahall pay its own coats and expensea of removal and ahall restore to 88 near as practicable the location to the same condition as existed before the installation of the Art Wall. If, on the other hand, this Agreement is terminated for cauae, the non-terminatiq party shall remove the Art Wall at ita own cost and expense and shall rutore the location to the condition set forth in this P:iralJ'llph 26 . -6- • 27 . Severability. To the extent that this Contract may be executed and performance of the obliptiona of the parties may be accompliehed within the intent of the Contract, terms of this Contract an severable, and ahould any term or proviaion hereof be declared invalid or become inoperative for any reuon, IUCh invalidity or failure eball not affect the validity of any other term or provision benoL The waiver of any breach of a term hereof ,ball not be conatrued u waiver of any other term. 28. Liceme. TCR granta to the City a liceDN for tbe inltallation oftbe Art Wall at the Location, which licenae ahall be for a term·of 25 years (the Term) commencinc on the date of euc:ution of tbia Contract ar until terminated u Nt fbrth b8rein. Unleaa earlier terminated purauant to tbe terma aet tbrth herein. this Contract ahall terminate at the end of the Term unleu renewed punuant to Parasraph 3 above. 29. Personal Service Contract; No aeaipment. Thia Contract ii a pencmal Nrvice contract with the Artilt•CODtractor, and u auch, may not be uaiped or tranlferred by the Artilt-Contractor. 30. Renewal. If the City deeiree to renew this Contract at the end of the Term, the City aball cive notice to TCR or Ulip at leut mty (60) daya prior to the upiration of the Term of ita duire t.o renew. If the City and TCR can reach an qnement OD the terma of renewal within aaid sixty (60) day period: the new agreement shall Co int.o efl'ect on the laat day of the Term. Otherwile, at the end of the Term, tbe City shall remove the Art Wall in accordance with the proviaiona of Parqraph 26 above by removing the Art Wall at its aole coat and apeDN and ratorinc the location to the condition set forth in Paragraph 28, above. In the event of any termination of this Contract, the Licenae IP'anted herein ahall a1ICI terminate OD the date of 1uch termination. 31 . The City shall reimbune TCR, within thirty (30) daya after nceipt of an inwice from TCR, the followin1; (A) the actual c:oat ofTCR'a ensmeer to review the inltallation and enaineerinlJ plan for the.~ Wall and adminiatrative coeta. The total amount t.o be paid under thil Paracraph aball not exceed five thouaand dollan (M,000.00). 32. Governing Law. Thia Contract shall be conatrued in accordance with the lawa of the State of Colorado. 3 3 . Binding Effect. Thia Contract shall be bindin!J upon the heirs, luc:ceNOn and uai!Jna of the parties hereto. 34 . Att.orneys Fees. In the event of any litiption OCCUffUli m connection with thil Contract, the prevailinlJ party shall be entitled t.o recover its costs, includinc reasonable attorneys' fees. -7- 35. Remedies. The parties shall have all remediea, whether lep.l or equitable, in the eni>rcement of thia Contract. ARTIST-CONTRACTOR.. DAVID GRIGGS STATE OF COLORADO ) r\_ )u. ",,l&.I' \,ttf County of Colorado ) ~ ~ inmument wu aclmowledpd befon me thia~~J of ~O:lc:::<!:'=6 200.3. by David Qriap. Witneu my band and officiailliiiF, / My Commiaaionexp~L~~u,;,....-1..,. CITY OF ENGLEWOOD 1: BY~~~~~~~~~ Beverly J . Bradshaw, Mayor ATTEST : Louc:rishia A. Ellis, City Clerk -8- TCR ENGLEWOOD HOLDINGS LIMITED PARTNEBSHIP, BY TCR MS ENGLEWOOD, INC. GENERAL PARTNERSHIP STATE OF COLORADO 7)pj ""' County of Colorado ) )u. ) The Total Submittal. Concept: Trammel Crow llnlden&tal An Wall EXIIIBITA Pap lof2 Thia abmac:t deaip mabe 1efenace to the City of lqlawoocl b,-portraJiq ita qualitin of vitality, proaperity, powtb. opportwlity and emnpnneunbip. Tbe mOftlllellt and motion repruented b,-the dNip rwfl9Ct on tbia lite u a tramit-oriantecl development, which will be experienced b,-people uiDc many moclea of trampartatioD. Materiala: The piece will be built out of a variety of metala in cmrlappiDr aedioDa. Tbe metala, which include ateel. ataiDleu ateel and copper, will be attached to the atarior of the WNt facing park.ins prap wall and clear-coated for durability. Proce•: The metal NCt:lom will be at&llcbN from the imide to the outlida -1appiDs piecN. Tb.. will be ·tbrouJb-boltad• with meclww:al .,_. between w:h layer and apendin1 m.-ry aDCbon p>iq into the park.ins prep wall. -10- ,--·· .. -~ q , ·1 , C ~r;•r c..l .. J. ,.,.. •• 'i .. -~'' Jf"'TM b : P'•-c. rf~r ~r•~ >• ;,,,· ;t•~ ~ •• J pl.~c.. c .' 1[...,,'' ,,,1,._ ..... --v•"·~ .. -r ct"i •'•--i"""" • f., ... ,<:L.-: ...1 . ~·· ,;--. ,.,..1 .. ,.: .:r--.A ?r-t ... e"•"•"' d!.' 'i '' 1 ::--••r 'r .. ~ .:..-•-' •c.,.:'"""-rc...../f&r f .. ,,.~., f : -1,, •• f""', ,.'). ..:r•...( C.J ... -c._.f .. -: .. \, • . . . .. ~1 -~- _ . ...L ··..:::.. 'Tt..._. ........ c,,..~., •' ta,4&...,•, !1'1 11.:.-........ e •,,t-UtW -,, • .o "' ~~ •--f ~ ~-f""' ~ ~ .. ,r .... :" ~ , •. 111 •-•# ;.,.1 •• ~:; -2 .... ". I > I I/, ' /', :;. I " • I :!l N ... 0 r1 0 r1 0 .. .. i ... " : "' ... • • I I! -I -• == I I !! I • • a8a 446 88111 I:<hIB1T B Page 1 of 5 69 1'1111 ...... ....., ... ., .. D..._..., CMllll,._C:....,...,C • • 11111_,,, 93 GIiier '-llld Eamw•·•...., ID be a part ... ...,.11111 ..... 11,_....., ....... 111A ~ ol'Tha ............. ca....--.... . ... --· IWl'ffOID PID :rmm.-, t:CDAll'l JWfflllOJU) PLAZA, IIAllTJlalm, l.:CIIIIC'?IM 08115 CINhlff COCI: 1 715 Qlr.AtMO"ft, lla9D CO 10204 ,...,,._ .... H/Q1/01 Ta 0'1Q1/02 1 Dia 11:01 UL. .......... llyai,111111ngadlllw"-'---.R ;I & tl_ln ..................... .... NIIII CINlnl. ....... n:1 ....... ll?Znllllll COUOIIAflOlf C.. ltHtl ,..._,..., 11111JNr. lt U11C "13'15 ............. DIDffttlUM, ,. .. ,..,..,c ..... .. .... .........In..._ .... ,...."' .......................................... .... ... ,au ID llftMdllnuancea __,In IIIIPIIII, • l'aTAL..,._,,_.la: ,._a•• 11 • T Pltnad In U.S.A. (NS) "-0.: 02 /01 /01 .... 001 (COiill:mm, CII 1al!" __, .._.oS 5 -N/01/02 IPICTIUI POUCY DICLAMTIDNI (CanllllUed) NUCT ••• m L 34 ... 813'9 :aa:a ••• •••1 IXh.IBI':' B Page 2 of 5 LNallln(a). a,,...,, .._o1..._....._ ......... ca .... ,.,,,.._.11,1,...i11r,_.., .... Laalllll 001 ..... 001 715 atUAOO ft. aava co 102u D-1$1 ufa8J•1•· - aa1. IICXIDI __,.~ not -mc:cM'l'nW ca AMtftIC: 901.1 OC'C. 0, &D DIS $9 ID CDVIKMD --AmlU• Da~MIUU.if Llllll90,-llacll fllMGULNUUiifOl'cmtala ,-a• a 11 • T l'ltnlad In U.9.A. INS) ,.._ Dair. 02101/01 .... 002 (a»i'W CII ~ Mal ....., .. ,. a ..... 04101112 JAM-92-2992 99:~~ A~ GRlGG9 Page 3 of 5 I ll'lf:TRUIA POUCY DICUIIATIONI ~ . I POUC'I ~ 3' SIii lallU ' ··-UAllm .... ,,,.IWll:I UA&ffY Ma llallCM. DI M 81, 000, 000 / 181CM.& lm•MVOIIIIIIIIIGN $ 10,000 .. .. N .., .. ... D .. D .. .. .., i ~ fl'I N 0 0 "' .., • I!! -• I i I II! = I . l'lil+aluL MD AO\IUl&II IWUIIY HIA• 11» RP I IIRfflD 'TO 'laU " .., .. ,, . ti 111 L\TI Lal'la ~---,.. UCH CUii Llllff DIDUcT&I-IACH CU111 Lan 11:1'r AHLIOIL.I u•111n1.11r Mn111AC1M DA1a: o,o UOOl n.000,000 • 300,000 ,a.000,000 $2,000,000 $ 5,000 $ 5,040 Tlil&; , ......... u..a,c. ............................................ ....... ................. a1 ................. ....., • ....,.., ................. ... .............. _...._ ............................... ....., ..... ... CGWagtwe yclllf......,., orllolw, n.1:n11-,........._..._. • ._o,1r ..... 1111111e,..... .. ..,.,, ,· r; • r "" ... __.." ......................... n.c......., ..................................... _ ...... illandll or-,...._.....,..._... .. .., .......... . ,-. a•• 11 a T Pnntad In U.S .A. (NS) "-o..t 0 ::1 08 /0 ] ,... OOJ lt."t.W'FI..., ml ar1' NaltJ ,.., .. ,. 7 OIIII 04/01/02 ~AH-92-2992 99:3~ AM GRIGGS ARTSOU~ ACJNl-1). -8-I bewa taa d 0-- 7110 •. ~~.,, ......... 1100 Z,...,.. CC IGZ~ ftloee:303-tto-till .,..,,zo-te2-s1.a 393 ..... 8881 l::-aiIEIT 5 Page 4 of 5 ------------~~:iiiiiiiiuiiiiiii!~==== ._..., ..,,,. INN •• c:.. -· _.._ .. ___ ..,. __ 10 ___ .--. __ ,.., _____ .... , • __________________ ,. _________ _ ------·----._. __________ _ --------..----,,..,,,_ -- _.1 _·. -··· -----, ,_r r-UIII ------------~·-. · I ...... ·-·· ri 1 -.~:-o-- -· .. 1::: I 1------- I H/01/01 ---, , 1000000 04/01/02 ~ ....... ..;~.r; 300000_ .. ..... _'alll!'_l•J.0000 .......... ·--[,....,1"'00'"""000~0.,....-. -.. 1.~ ...... l•ZOOO~!-. t-.--,1000000 r---· --'-----I , ...... I.Mt ' !~--1:· ·~·- t=::J; ____ -::_ :, ·---· I JAN-18-2882 82:50 PM Ja" 10 02 a2,2a,. <:;R!CCS ARTSOUP Ira•", Ira•" ["•~r•"•• 383 446 8881 72aaa2111411 P.83 .... ... 0 CD ~ .. • ~ ... s i • .., s 0 ... :' !!I == -ii -= -· = --= -ii !!! I -------------• Exhibit B Page 5 of 5 J V-. P"Mlillll h *11-a4at ................. ,..,...._II~ ........ _,.,.la ......... ~ .............. .,... ... .,......, ... ____ ._"' .. ,, •• 5 ,,. ........ BU81NESS L1A1111.nv COVERAGE FORM 'ul'llld'ouf,_ ......................... ~ ............. . llie-,.i ....... ,..,_ .. ,..,_or ... • 11 .................... C.•WIIDII-......_ Olllr ........................................................... ~/W ..... e.--Osllnllana. 7n .................................... ..,_ .. "' .............................. ~ ... a. M1-t1111e 1.n111 or...._, !Jr:ia1na. ,,.._,c:..a.._,,._1111111 ,,, .... ...,. _....._ ,....._IIJ•Nllld7lr1111 ............ •PMDfllla5llli:r, ........ ,.,.~ -................. __ fll ,.... ________ __ ............. .,_..,c..... ......... ,, I Lila>,._, ... ,... ........ Ill: ti> ............ .......,_..,.. -It (It "-...., ....,. • ....,._ ......... __.., .. . __. .............. --~ .... (111'1'111 ..._ ~ ...... ...... -......... ...... .................. .,. .... ............. ,..., ..................... ...... 711 ......... ...,. ........... ,...,. .. a.... ..... ., ..... """ ..... .... ..... ., -,.... ., •1 I k ................. .. ...................... ...., .... & ........ _ ...... Al __ _ ................ ..._ ...... ..... llr ...., ....,. .... a, .. .... Cl) GIi ..... ,_ __ ,_ &It 0.-.. ......... ,. __ ... Fann N III Dlaht e 2001, The Hlllllrd • ' .. , • • COLORADO INTERGOVERNMENTAL RISK SHARING AGENCY (CIRSA) CERTIFICATE OF PARTICIPATION FOR PROPERTY/CASUALTY COVERAGES issued to the City of Englewood ~c Pagel of 2 CIRSA hereby cenifics that the above-named entity is a pllticiplliDa member of CJRSA Corpropatyl'c:asualty coverap for coverap period January l, 2002 throup December 31, 2002. Tbc cownaa, coadilioas of membenbip, and other provisiom applicable to C1RSA property/c:uualty members are described in CIRSA's Bylaws, c:ovcnp DI/er CltCIII COV1r1F policiel, and amcral policies adopced by the members, as from time to time alllfflded; copies baw bem pn,wled, er will be provided upon CJRSA's receipt, to tbe members. The types and IIIOlldary limits of the covaaaes to be provided to CJRSA propenylcaaltymanbcrs shall be as descnbed below . The scope, terms, conditions, and limituioas oftbe coverages shall be aovcmm by the applicable policies and/or excess policia. tbe CIRSA Bylaws and mrcraovcmmmw Aareemmt, and ocher applicable documents. L TYPU OF COVERAGES (subject to CIRSA's liability limit as described in Section D below): A. Property coverage (including auto physical dlmqe) B. Liability coverage: I. General liability 2. Auto liability 3. Law enforcement liability 4. Public officials errors and omissions liability C . Crime coverage (including employee dishonesty and maaey and ssurilia) n. CJRSA llETL'mONS, LOSS fUNDS, Excw INst/lWISj AGGUGATI LIMrrs, AND MlMaU lltDUCTIBLES: For the coverage described in Section [, CIRSA shall be liable oaly Cor paymmt oftbe applicable ,elf-insured mentions and only to a total annual agrepte amount Cor CIRSA members as a wbole of die IIIIOUlll of the applicable CIRSA loss fund for the coverap period. Tbcre shall be ao lgrepllC m:ea cownae owr any loss fund. Coverages in excess of CIRSA's self-insured mmtioas shall be provided oaly by tbe applicable acea imura's in applicable excess policies, and shall be payable only by dlOle exam imuren. Tbc limill of coverap provided by the excess insurers for the coverqe period shall be described ia lbe CCMnF dornmcncs issued to the members. Sublimits, aggregare limi&a and other limi&a shall apply• provided ia aid docummts t 2002 Certiftcau of Participation for Property/Casvaity Cowrages CliJ of Enfl,wootl CIRSA SEU•INSUUD llrnNTIOl'IS FOR TBI COVUAGE PUJOD: A. S,00,000 eacb and every to. and/or occ:umnce property 8. $1,000,000 eacb and every to. and/or occum:acc liability C. St ,000,000 eacb and every claim Public Officials Liabi1iry D. $150,000 eacb and every to. and/or occunmce crime Loa ftmd amaaD1I sball be u adopted or ammded from time to time by tbe Board ofDirectms bued Oil tbe mmnbas ill tbe propcny(c:uually pool for tbe year. IDformalioa Oil cum:m -ftmd amounts 1ba11 be available from die CIRSA Chief Fiamcial Officer. A. Property: Royal Surpllll Lima lnsur.mce Company and TIG 8. Liability: Royal Surplus Lima lnsur.mce Compaay C. Excea Crime: Travelers Caially & Surety Company of America A. Exccu propcny: ID $20 I million per claim/oc:cunmce 8. Ellccss liabiliry: to S, million eacb and every loa roJ/or occurraM:C ( ac:cpt acess auso lilbiliiy: to S 1.5 million eacb oc:currmce and Public Officials Enon and OmisaiDas to S, million eacb and every c:Jaim/Sl O million annual .... per manbcr) C. Ellccss crime ( optional): to S2 million per claim/occw,euce m. MEMSU Dl:DIJCTJSUS: A IIICIIU>CMieic:ctai deductible lbal1 apply to eacb of tbc memba's claiml/occumaccs. Tbe Deductible amounts 9Clcctcd by tbe City of EDpwood are $100,000 (Liability), Sl00,000 (Auto Liabiliry). S,0,000 (Property), and Sl0,000 (Auto Physical Dmlap). Plymml of tbe deductible sball reduce tbe IIDOUDl otherwise payable under tbe applicable CIRSA ~ Countersigned on behalf ortbe Colorado~ Rm Sharma Apatt:y. COUNCIL COMMUNICATION Date Agenda Item Subject February 4, 2002 11 a i Three Percent Admissions Tax INmATEDBY STAFF SOURCE Alliance for Commerce in Englewood (ACE) Jan Johnson, Community Development COUNCIL GOAL AND PREVIOUS COUNCIL ACTION • Goal: Business Development • Previous Action: Creation of Ordinance 51, Series of 1976 -Admissions Tax RECOMMENDED ACTION The Alliance for Commerce in Englewood (ACE) initially recommended elimination of the three percent (3%) City Admissions Tax on those businesses that charge admission pursuant to Ordinance 51, Series 1976. At their December 13, 2001 meeting however, ACE concurred with the compromise position put forth by CD staff, City Finance Director and City Attorney. Originally scheduled for first reading of the draft ordinance January 7, 2002, the initiative was brought back to Study Session on January 22, 2002 for additional questions. This proposal calls for a temporary tax reduction for two years. During the two years, the Admissions Tax would be 0%. At the end of two years, the Admissions Tax would be reviewed to determine reinstatement or elimination. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED ACE discussions have focused on the current business dimate in Englewood, as well as barriers and opportunities for future commercial activities. While taking a broad overview of the current business climate, the current City Admissions Tax has come under study for its impact on current regional draw businesses that provide entertainment. This tax has a negative impact for retention efforts. This tax can also be viewed as a disincentive in eff,:irts to attract new businesses to Englewood. As the City pursues both public and private redevelopment opportunities, venues that provide en tertai nment, including restaurants & bars that may have a cover charge, movie theatres, concerts, live performances and sporting events are encouraged. Many of these types of businesses were highlighted in the Englewood South Broadway Corridor Market Study (August 2000) as areas of retail leakage and void (page 24-25 and Table lll-3 A are attached). ACE supports the development of a diversified business mix, including the addition of businesses that charge admission for entertainment and other public events that expand commercial activities in Englewood. Please note that ACE member Steve Schalk abstained from any vote on this topic due to o wnership oi the Gothic Theatre and the co nflict of interest inherent in the topic. In <1ddit1 o n, CE unders tands the City's goal to divers1r, the revenue base. A more diversified business mix will enhan ce the c urrent re"enue stream and may c reate opportunitit!S for diversified revenues . The LUrr ent dmissions Ta ma presen t a disincentive for those highly sought after businesses. In th tight metr o marl,.et. regulator. and business hmate issues such as l-"es can be a deterrmning tac t or m sit e se l ec ti o n The advancement of entertainment opportunities will stimulate the influx o f spin-off businesses. For example, an exciting cultural attraction will generate more revenue-based business in the form of ta xable sales fr o m restaurants , specialty shops and others related businesses. The growth of children entertainment facilities will stimulate the development of toy stores, children's clothing and other play facilities. In the case of the Gothic Theatre, the Englewood regional draw must directly compete with Denver metro venues (the Ogden, Fillmore and Blue Bird Theatres) that do not charge Admissions Tax, allowing for an improved price differential in Denver. Denver currently collects Admissions Tax on venues owned by Denver. Because Denver is considered the most direct competition within the extremely narrow business field, the Admissions Tax creates an "unlevel playing field" for Englewood business . Repeal of the tax would rectify the inequity in competition. FINANCIAL IMPACT During 2000, the total Admissions Tax collected was $23 ,116. This amount reflected 0.07% of the total revenues of the City of Englewood. From 1988-present, the revenues from admission tax has never accounted for more than 0.12% of the total revenues. Elimination of this tax, in the short term, would create a gap in revenues for the City of an estimated $60,000 for the two-year period. In the long term, however, it is anticipated that this gap would be replaced with increased revenue through increased alcohol sales, food sales and other taxable activities. The incremental cost for additional services for entertainment businesses is an issue for discussion . The needs for safety, security, water and street for entertainment businesses are similar to other Englewood businesses that do not fall under the Admissions Tax . In addition, the Gothic Theatre pays for their security needs through contract with a private company. In the current business climate of Englewood, the impact of the tax is two businesses out of the 1 800 businesses located in Englewood. In addition, these two particular businesses that charge admission to provide entertainment are among the strongest regional draws for the City. The benefits of elimination of the Admissions Tax would impact the two Englewood businesses that are subject to the tax, sending a strong retention message. In the long term, the benefit will be the str o nger placement of Englewoo d in metro wide competition for entertainment businesses. ACE viewed the amount of re venue generated by the tax as outweighed by the possible disin c enti ve w hen c ompeting against other communities for entertainment businesses, including res taurants th at have cove r charges for entertainment. The increa sed di v ers ity of the business community would provide more opportunities for additional reve nu e-base d bus ines ses, including restaurants, sp ec ialty shops and other retail experiences. O th er alternati es identified ha ve included the compromise that provides a temporary tax reduc tion to 0% fo r a pe riod of two years . This allows immediate relief from the tax and may provide a tool for both retenti o n and attraction acti vities . UST OF ATIACHMENTS • Proposed Bill to r an O rdi nance • Page 24-25 and T,1ble 111-JA ot the Englewood )OUth Broadway Co mdor Market Stud),, ug ust. 2000 • rdinan e o . 5 1, Senes of 1976 • Le tt er trom Ste\e Schall.., O\\ner of the Goth1 Thea tre • Table J 3 . drmss1ons T.~ trom the Colorado M unicipal Leag ue TAII.Elll-3 Sale c:olledions within the Corridor rebounded by 13 percent between 1998 and 1999, following a c:tec:llne of more than 1 percent between 1997 and 1998. Among the dis1rm in the Comdar. Downtawn ha c:onsis-- llnly repnlWl1lld balwNr'l 36 and 38 percent rA a.6.dlol•. followed by Brooklidge at apprmimalllly 30 parcant. Chen9lyn at 22 percent and Ga1away at 11 percent. To dellm1N the types rA retallNNlce callgOries far which there may be unmet demand In the trade ... the canutant-.n c:anduClld. void ..... rA......,wc,11•clalcallgelriesfarthe SOI#! ~Trade Ala. Retal "lellllage" is delllnil..S by analyzing .. dllparity ~ edlllil .......... wlttin the martcat .. and IMUlll llouNhald ..... ..... If annual houNhald expendlllnSGCNCI tollil ,.a ulel, Ilia lncliCallN that lndlviduals .. spending. par1ian rAttleirrnollaY oulllde rA lie il,IIMdiala marut. This ptieuornenon is llfflWd leekllge. CorMrNIY, I annual houMhold ecpenditurN are leu than lalal r9tal ulel, thil indlcmS that the community is bet 11111111g from eacpendltur9S made by penana vlaltlng the trade.,., or"impor11ng" r9lail ulel. 1*e 111-3 ....... 11111'11\WY dthe ..... dthevaid ~ by _..,...callgOries,andquanllftelthelevalrA ..... 1 •• 1aei",l,ipollng nilalld to lie trade-farfflljor ............. The delllled....,. le pRMded in 1atlle Hl-3Aonllefcl0wing page. S1J1a1M&Y REtAIL/Coeeen.-L VomA1w:na (SOOOs) SouTH ~YCOUIDOa ~TIAmAUA Call9D'Y , ... ~~ ll'limmy r,-Ala Exillilla Squa-.F•tOOOI) BuiJua Mariah SJ9,41 l.:01 36.750 FoodS-167,4'9,119 201,200 ~ve· 16,165,739 105,000 Apparel ,.._na,m 25,0l: Fumil!.lre S:15,901,992 135,717 Ew!&Drinkina Sll,M6.190 9',614 Enlenainmen1 s:ueou 6!.931 < Miscellaneous '9.J9J.:n 17'.IO' • Afts-mM!<et . Source CACI Uri>• Lad 1--. al Lllad C-"•• 0,.,.. .. , .... S.,-F• (CIOOI) 1999-2004 11,704 m.m 149~ )7,117 , .... 111 J..o. ,_\ __ _ --~----- .._ -----....... II.tu.a ----- ·-··._.r -·-~·-.:-···-~-·---·-·---·---·--~ ... -,~ ---·-ti--'-'-:...'--•-.......... a..-, ___ , __ .._., __ _ ·-~· .. --.._ .. ~,-- ·--.__,_ -.~.---..... --...-..i..- ...... ....... ··-........ . . ... ·-u.a ~ .. ... 11.1., .. ,., .. u "" ... ,.. . . -- -- ..... ,,,,,. ....... ....... ------....,,. -·· -----.. ~ .. -- ..... ·---. ....... --.... ---....... -·---------.. ---...... ----.... ----..,,. ---------.. _ -.. --..... ---...... .. .... . ----.... -..... ------..... --... -... -_.,. -.., ... . ---·---.. ·-----· ---.. ,_, -..... -...., ---------------.... --..... --.... _,,, .... -... ........ -.,_ ----.... ---.. ---........ .,..,. -_,. -.... ---- • ' --:.:,7:'~~·' ..... ·------------·, .. ~ ~· ----•,-";·~, :; . --:ii,.;_ . --------. ., -~. -------,~( ---------··------------..... --.... -.... ----------,,.... ----------------,,.. ------... ---------------------... .. _ -·-----....... -----... -----------------...... -------. .... -----..__ -.... -----------~ ... ---------.... --. ... -------------------. .... -----.... -------... ---.... ·-...... -- • The analysis indicates !hat the trade area could support additional l'9tail/ commen:ial space in several categories. Categories 1hat appeartD off.- the greatast polllntlal and which may therefore be suitable far Corridor redewlcpment efforts include: Food/DrinkAway from Home Q.e. 191taUrants) Entertainment (i.e. movie lheatm. book stDrN. camera IIDl'N, etc.) Milcellaneou1 Q.e. gift 111:n1, pat shops, florim, etc.) 'Mlile 1he Corridor is importing a lizable lhar9 of its auttH'9latad ratall l8lel from outside 1he Primary TradeArN, therw are ii ldlcatlolia of leakage ror specific types of relal goods. Apparwl &Acceuorlea and General kdlandile .. two addlllanal caagoi1N forwhich leakage la occurring. A rwlatlv9 lack of vartety in 191ail space within the Contdor. especially U compared tD limila' c:orrtdorl in the region, la a C8UN of this leakage and indicatal a pollantial market niche for new l9lail ~ menl (See 1he Appendix for Hating of pollen1lal l9lail oppor1unltiel wilhin each of 1he identified oppo11Unlly categories.) Al shown in Table lll-3A(Void Analysia), there are approxln•laly 7!0,000 tD 1 million square feet ol rwtai/servlce space in the Broadway Corridor within 1he categoriel identified. The exlating space contalnl a relatively traditional mix of retail/service tanants-thON found in most c:orridorl and older commercial business ~. N growltl in the markat'a Neldlntlal bue continues, units tum OV9I' and tranlitlon, and the Corridor modlllea and imp!OY81 its appearance; there wl be incrNNd demand far a gl'Nlar variety ol S1DreS, including neighbofflood.lupporting uses, and• lllrtair.- ment wnues. No/9: ThtJ tNidual dwnand 11slimtl/N.,. lbr,,,. trM atNas a whokl. ~on tMpo8ilioningandnif:M~ pursu«t by,,,. ~ 1M eo,,;dorcan -,,.ct to capt._,. .....,.;,p.,... al ~ within 1h11 t9111i//comnWr:ial cago,y. ... A ~ t:tJf1IIMWI M7llqw #0/W nut /0 ~ South 8'oMhl!ey M)9,f) Po'Prurf ~ coultJ,,. ,,,. 8IMt of a MWAnlk/lA Row on Erpttlood) South~ INTRODUCED AS A BILL BY COUNCILMAN SMITH BY AUTHORITY ORDINANCE NO. 51 , SERIES OF 1976 AN ORDINANCE AMENDING CHAPTER 2, TITLE IX, OF THE 1969 ENGLEWOOD MUNICIPAL CODE, BY ADDING A NEW ARTICLE III THERE'l10, LEVYING AND FIXING AN EXCISE TAX IN THE AMOUNT OF THREE (3%) PERCENT ON THE PRICE PAID TO GAIN ADMISSION TO ANY PLACE OR EVENT IN THE CITY, WHICH IS OPEN TO THE PUBLIC; PROVIDING FOR THE PAYMENT AND COLLECTION OF SAID TAX; PRESCRIBING PENALTIES FOR THE VIOLATION OF THIS ORD- INANCE; AND RENUMBERING THE SECTIONS CONTAINED UNDER ARTICLE IV OF CHAPTER 2 OF SAID TITLE IX. WHEREAS, the City Council finds and determines that it is necessary to raise additional revenue; and WHEREAS, the City Council is of the opinion that a reasonable, just and proper manner in which to raise this said revenue,is by adopting an excise tax on the price paid to gain admission to places and events in the City, which are open to members of the public. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That Chapter 2, Title IX, of the 1969 E.M.C. is hereby amended by adopting a new Article III, to read as follows: CHAPTER 2 AMUSEMENTS ARTICLE III -ENGLEWOOD ADMISSIONS TAX 9-2-31: 9-2-32: 9-2-33: 9-2-34: 9-2-35: 9-2-36: 9-2-37: Legislative Intent Excise Ta:: Based en Admissions Definitio ns Place or 3vent Open to the Public Taxable ·!'=ansacticns ExemFc T=ansactions Refunds -i - 9-2-38: 9-2-39: 9-2-40: 9-2-41: 9-2-42: 9-2-43: 9-2-44: 9-2-45: 9-2-46: 9-2-4 7: Free or Complimentary Admissions, Admissions at Reduced Charges City OWned Places and City Sponsored Events Liability, Licenses and Reporting Procedure License Officer May Require Reports Responsibility for Collection and Remittance of Tax Reporting Procedure Interest and Penalties City License Officer Empowered to Make Rules and Regulations Repeal of Confl~cting Ordinances Severability 9-2-31: LEGISLATIVE INTENT It is hereby declared to be the legislative intent of the City Council of the City of Englewood that on and after the effective date of this ordinance, everf person who pays to gain admission to any place or event, in the City, t~at is open to the public, shall pay, and every person, whether owner, lessee or operator, whocharges,or causes to be charged,admission to any such place or event,shall collect the tax imposed by this Article. 9-2-32: EXCISE TAX B.~SED ON ADMISSIONS On and aft.er the effective date of this ordinance, there is hereby levied, and shall be paid and collected, an excise tax of three (31) percent on ·the price paid to gain admission to any place or event in the City, which is open to the public. Said excise tax is in addition to all other t3xes imposed by law. 9-2-33: DEFINITIONS When not clea=ly otherwise i~dicated by :he contex~, the following te:::ns, words and phrases as used i n t~is Article, shal: have t e following meanings: (a) Identi:ication. The t3X levied he=ein ~ay ~e identified 3S the "Englewcod Admissi~n3 Ta:c." (b) "City" means the City of Englewood 1 Colorado. (c) "Article" means Article III, Sections 31 through 47, inclusive, Title IX, of the 1969 Englewood Municipal Code, as amended. · (d) "License Officer" or "City License Officer", shall mean the Director of Finance of the City of Englewood, or his duly appointed designee. (e) "Person" means and includes any individual, firm, co-partnership, joint venture, corporation, society, club, association, joint stock r.ompany, estate, or trust, receiver, trustee, assignee, lessee, or any person acting in a fiduciary or representative capacity, whether appointed by court or otherwise, or any group or com- bination acting as a unit , including the United States of America, State of Colorado, and any political sub-division thereof, in the plural as well as the singular number. 9-2-34: PLACE OR EVENT OPEN TO THE PUBLIC The term "place or event open to the public" . .means any place or event, the admission or access of which is open to members of the public upon payment of a charge or fee. This term shall include by way of illustration, but not by way of limitation, the following places and events when a charge or fee for admission to such places and events is placed upon members of the public: (a) Any perfoniw.nce of a mction picture, stage show, play, concert, or other manifestation of the performing arts. (b) Any sportins or athletic contest, exhibition or event, whether amateur or profess.::.onal. (c ) Any lectu~s , rally, speech or dissertation. (dl Any show~ng, display or exhibi~ion of any t79e, such as an art exhibition. (e) Any restaurant, tavern, lounge, bar or club, wh ether tne admission charge is termed a "cover charge", "door charge", or any other such term. 9-2-35:. TAXABLE TRANSACTIONS It shall be a violation of this Article for any person who pays to gain admission to any place or event in the City that is open to the public, to fail to pay, or for any person, whether owner, lessee, or operator, who charges or causes to be charged admission to any place or event in the City that is open to the public, to fail to collect the ta:< levied by this Article. 9-2-36: EXEMPT TRANSACTIONS The following entities and transactions are exempt from the duty to pay, but not the duty to collect, the tax levied b y this Article: (a) The United States Government and the State of Colorado, its Departments and Institutions, and the political subdivisions thereof, including the City o: Englewood, only in their governmental functions and activities. (b) Religious, charitable and quasi-governmental organizations and corporations, only in the conduct of their regular religious, charitable and quasi-governmental capacities. 9-2-37: REFUNDS In the event that an admission price is refunded for anv reason, e i t h er before or after a n e v ent has taken place, the t a :< i s not applicable and shal l be r e funded a long with che admission pr ice. 9 -2 -38 : FREE OR COMP!..I ME ~~T.l'i;RY AD M:'.:SSIONS, Ar)MI3S :ON S AT rtE DUCS D C~ARGE S T~e providing c: f:::-ee "passes", "comp l:.ment::a r :," a dm ission ticke c s, or o .. ~erNise, where no a dm iss~on p r ice is c h a r ged or pa:.d, s ha ll e :c e mpt said p e rson from payment of the admission taxJ however, in the event that a reduced charge for admission is made, whether for a pass, complimentary admission or other- wise, the tax imposed in this Article is applicable to the amount of such charge. 9-2-39: CITY OWNED PLACES AND CITY SPONSORED EVENTS The tax levied by this Article shall not apply to any admission fee paid or charged to gain entry into any place owned by the City, or any event sponsored or conducted by the City. 9-2-40: LIABILITY, LICENSES AND REPORTING PROCEDURE The burden of proving that any transaction is not subject to the tax imposed herein, shall be upon the person upon whom the duty to collect the tax is imposed by Section 31 of this Article. 9-2-41: LICENSE OFFICER MAY REQUIRE REPORTS The City License Officer may require any person to make such return, render such statement,or keep and furnish such records as the said License Officer may deem sufficient and reasonable to show whether or not such person is liable under this Article for the payment or collection of the tax imposed herein. 9-2-42: RESPONSIBILITY FOR COLLECTION AND UMI'l"!'ANCE OF TAX Every owner or operator,who charges or causes to be charged admission to any place or event that is open to the public, shall be liable for the collaction and remittance 01: the ta:; levied herein. If &:\ owner or operator of a facilit7 leases or rents such a facility to anot.~er party, which in turn sponsors or conducts some public event i:'l 111ch facility, then such owner or operator shal: be r~lieved of t~e liability o! collecting and remitt~ng the tsx,only if t!e party to whcm the facilit? i3 laas~d or rent•~ is, t t.~e time of such le~sing or rantal, licensed to col-•ct anc ramie the ta:<. -:i- 9-2-43: REPORTING PROCEDURE Every owner, operator or person who has the duty to collect the tax imposed in this Article, must obtain, without charge, a license to collect the tax, and must ref J rt on forms prescribed by the License Officer such taxes, and remit to the City the col- lected taxes within the following time periods: (a) For regularly continuing or recurring events, such as charging admission to motion picture theaters, reports and remittances must be filed with the Director on or before the twentieth (20th) day of the month for the proceeding month or months under report. (b) For single non-continuing or non-recurring events, such as the charging acmissicn to a single performance of a concert, reports and remittances shall be due within five (5) calendar days of the perfor:nance or event, unless specific arrangements are made in advance with the City License Officer. 9-2-44: INTEREST AND PENALTIES If remittances and reports are not received on the due dates specified in Section 43 of this Article, a penalty shall be imposed in the amount of ten (10%) percent of the ta:t liability; and the total amount due, including tax and penalty, shall bear interest at the rate of one (1%) percent per month, or a · fraction thereof until such reports and remittances are received by the License Officer. 9-2-45: CITY LICENSE OFFICER EMPOWERED ~O MAKE RULES AND REGULATICNS The City License Of=icer is hereby aut~ori=ed to promulgate rules and regulations rega=di~g the payment, collectivn, reporting, and accounti~g criteria and periods, sett:ement oi disputes over payment, reiund and en=orcement of ~a:c imposed by this Artic le. Said rules and regulations shall not be inconsi2cent ~i~~ the ?revision~ of thia ~=~i=le. 9-2-46: REPEAL OF CONFLICTING ORDINANCES All sections or parts of sections of the 1969 Englewood Municipal Code, as amended, or ordinances or parts of ordinances in conflict or inconsistent herewith, are hereby expressly repealed. 9-2-47: SEVERABILITY If any part or parts hereof is for any reason held to be invalid, such shall not affect the remaining portions of this ordinance. Section 2. That Sections 41 and ~2 of Chapter 2, Article IX of Article IV, entitled, "Miscellaneous Amusement Fees", and "Closing Hours -Miscellanecus Amusement Houses", respectively, are hereby renumbered as follows: ARTICLE IV -MISCELLANEOUS 9-2-50: MISCELLANEOUS AMUSEMENT FEES 9-2-51: CLOSING HOURS -MISCELLANEOUS AMUSEMENT HOUSES Introduced, read in full and passed on first reading on the 4th day of October, 1976. Published as a Bill for an Ordinance on the 6th day of October, 1976. Read b y title and passed on final reading on the 18th day o : Octo ber , 19 76. -7- Published by title as Ordinance No. 51 , Series of 1976, on the 20th day of October, 1976. """"''--~ ATTEST: ex o k-Treasurer I, William D. James, do hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance, passed on final reading and published by title as Ordinance No. 51 , Series of 1976. Issue: Englewood 3% adm · ,s1ons tax Action: Repeal the 3% admissions tax Presented By: Steven Schalk Gothic Theatre 3263 S. Broadway Cultural Arts in Englewood has been a large focus ofLtie community and city council. The cultural arts organization in Englewood has done a feasibility study on a proposed Englewood cultural arts center; the study showed a need for tickets to be competitively priced. Englewood has a 3% admissions tax, Denver does not have this tax, allowing the Ogden, Bluebird and the Fillmore Theatres to be more competitve in a city that supports and promotes a night life and entertainment industry. Making Denver an overwhelming favorite for cultural arts support and promotion. Englewood City Council can begin supporting cultural arts by supporting the Gothic Theatre. No matter the culture or the art, Englewood is a long way from being a destination spot after 5pm. The Gothic Theatre is a virtual island, which has successfully drawn a following from many of the Front Range communities. An island in that there arc no other supporting businesses or even any nightlife after 5pm making promoting concerts even more challenging. Denver's support goes beyond the 3%. The Ogden Theatre is owned by Doug Kaufman. The previous Gothic Theatre owner focused his energy and capital on the Ogden in the mid 1990's when the City of Denver gave the Ogden $100,000 to help restore the still run down historical venue. The Ogden has no commitment to pay this money back. The Ogden is the Gothic Theatre's main competition. Considering the incentives Denver gives the Ogden and the 3% admissions tax the Gothic pays the City ofEnglewood, the Gothic is always at a disadvantage. The Englewood cultural arts study emphasizes this very sensitive subject, ticket pricing. Englewood needs to make changes. The Gothic Theatre has made a substantial investment in the community and I would like to see Englewood support the arts by repealing the ~% admissions tax and making Englewood competitive with Denver. The additional marketing that is required to bring people to this destination point is far more expensive given the location . The benefit of Denver's Colfax; the foot traffic and synergy of businesses that make Denver come alive at night, is a great draw . The Gothic Theatre maintains a high profile in the metro Denver market by running extensive advertising in print and radio . The Gothic Theatre advertises with The Rocky Mountain ews, Denver Post, Westword, and the Onion newspapers. We co-promote numerous shows with Clear Channel, which operates KBCO, KTCL, KBPl, and the FOX radio stations . KUVO helps us promote jazz shows. Anheuser-Busch, our beer sponsor, provides us with even more radio advertising. We have an in house graphic artist and desktop publishing system to output thousands or l lx 17 posters and fliers weekly. Ce rta inly the Gothic has to advenise in order to promote shows. but a lot of extra s pending goes into drawing folks to Englewood, a non-destination spot. It's a risky . . t .,.. .. .. • • proposition for restaurants and entertainment to invest in a community that has no life after 5pm. Gothic Theatre promotions bring attention to the sleepy City of Englewood. The Gothic Theatre is pioneering the way for more cultural arts and entertainment to follow. The Gothic ThClltre has national recognition among artists, agents and record labels as a premier concert hall with history, an art deco style and a world-class sound system. The glamour and exciting idea most have of the rock and roll industry comes with enormous risk and speculation. National artists put tours together and clubs like the Gothic make offers to an agent for an artist based on a guaranteed amount. which we pay in advance of the performance .. On average, talent guarantees are $4000 but can be as high as $25,000 for one night! Whether we attract 1 person or 600, whether it rains or snows, whether we have power or we don't, the band still gets paid and the Gothic is taking a risk. This is a far different risk than a business that offers a product or service. All cultural arts events have numerous variables that often can't be foreseen, which can make or break a show. Ultimately the artists drive this highly competitive market and a proven artist costs more. W c compete with the Ogden and the Bluebird for this highly sought after talent. The agent and artist know Denver, Englewood is a harder sell. All these fac tors drive an artist's guarantee to an inflated price making it bani to cover the guarantee from ticket sales. The Gothic depends primarily on concession income to bear the strain of this risk. When it all comes together it's beautiful, and I'd bet some of you have been to the Gothic for a great show, but were you here when only 25 people paid? I will even admit that at one show we sold only one ticket. I was here. So many fail in entertainment because artist costs are so high along with the venue, sound, and lipts. Only the most passionate promoters survive. So sensitive is the ticket price that a 3% admissions tax docs have a market impact for the Gothic when our competition has so many advantages. Stop taxing cultural arts pab'Om. The Gothic Theatre was built in 1929 and has been offering a source of fine entertainment for generations. Englewood residents all have memories and stories from the Gothic Theatre and now new memories are made each day an artist ltcpl onto the stage Ycar2000 # Of persons: 90,000 Age Demographic Breakdown: 100/o 16-lSYrs 65% 18-JOYrs Ticket Sales : $456,742 Artist Cost: $385,218 Profit: $71,524 Year to date 2001 (8 months) 75,000 25o/o 30 and over $533,641 $351,480 $182,000 These numbers ti.Jl2I include any operating coats, salaries, or promotional costs. Just Ti cket sal~ and gross box office sales . • i§ C: ,.. r i . I f I ! t V ! ! i I I l ' .. .!. l t 1 i ; a, : I ~ t ... N I ; 0 ~ i • 0 i !? ! ~ 4 f ~ .. ,;- i :l lot 2 ~ I 5 4 . i . I -. 0 !~t iii lij lit ~ ij 111 J?t l ~ •;-11 11 • ~ ts ls ... 8 ·=-· iiJ I =J (!. • •r• ·~• 11 I ~ I !1 ·~. ;111 !1 ·~, "1 l!l.l I I 0 -1 - ~ 4 .... p'! &Qt 1!1 iii liJ 111 f Pl i&1 i I I 4i fl' ll !S l-.. 1!, tr, ls , •• 0 ·=· ,, ·~• 1 rJ!I 1ft 'f, , .. , I ~I 1:, ~I 1 ~1 1 "1il 1 . 4 : ..., ~ ~s, 1 1;1 J!t 1!1 JO!. Iii Ill ;a !I.~ 111 g• • •t. i!5 ii i = 1 •ti ~ 4 I l 11' l • I I ·1 •' I I •~ ..., I! J .. I I c:, ,, !. ,,. ~' it• I I ~J I I iJ i I I ,,• '!, I'' "• f ~1 (I I I '"1 j " .. B i s.1 u4 4 : iiij l 1 ij 1111 1!1 . . ~ • I !I l -. J1h d1 J '!L • I:. ! I li 1• r ,; •• 1il• ~ . ,1'1 :, I • . . ... 4 . . •••••••••••••••••••• ·II 'l'Ule u. lidaba!ou 'fax .. II !Mllcl,.l hy ......... llartat---C--0.... ..... ..................... ·············----··· ········-·········· ················--· ·····-····-······ II ......... Vfll ... cftyal•-CJI> lft..w ..... •• fndudlll II l.af.,.tte city••- CJ.Bl) ~ ,n, Ill• • cm ''" -· -(21D II If 11 ..... laaell ........... ll...-wlaar If _ _,_ ,....., II ........... ...,._ ... _ .......... .......... ca) CM> Ill llaa 9f cit, c• In llaa flf cit, (8) "' u .. ., ""' ...... ,_ .. ,.--·----r.ttwL•-......... ' Llttl.-city •'--ca, ' L-,t lftyllla ta cz.m, llrtlltlem ............. .......... _ .......... ...... ..... II CD> Ill u .. ,,, ••tr cm 111 u • ., "" CJII IA U• r,f 1ttr ca,,. u ... lfty •l•• ----·-•&11•Cl ...... nut..-., I l'ulbl• ............ ca, la Llw f/1 •ltr ........ ' ,..... ....... , llfl• •ltr ., .... cftrllhlla lltyllla- (2.11) CZ.II> ca.- I TeUurt• .......... fl!II. ........ I "'°"""' lftyNlN-cftr•••• lltral•ta ----·-.. CUI) (JJI) 0,11) .. , ....... .............. II llntlrilllltW ...,... ..... ............ CID 111 Uat .,, lftr ca, .& ..... -Ca ---(If --.uw~ • II u..,u-, .......... .... , .... ........... ....... ..... ........... (41) (41) * I I • I I 107 J/a.J BY AUTHORITY ORDINANCE NO._ SERIES OF 2002 COUNCIL BILL NO. 3 INTRODUCED BY COUNCIL MEMBER MOORE A BILL FOR AN ORDINANCE AUTHORIZING THE TEMPORARY ADMISSIONS TAX REDUCTION FOR A TWO YEAR PERIOD. WHEREAS, the City of Englewood established an Admissions Tax with the passage of Ordinance No. 51, Series of 1976; and WHEREAS, the Alliance for Commerce in Englewood (ACE) recommended elimination of the three percent (3%) City Admissions Tax on those businesses that charge admission pursuant to Ordinance No. 51, 1976; and WHEREAS, ACE supports the development of a diversified business mix, including the addition of businesses that charge admission for entertainment and other public events that expand commercial activities in Englewood; and WHEREAS, ACE understands the City's goal to diversify the revenue base; and WHEREAS, a more diversified business mi."t will enhance the current revenue stream and may create opportunities for diversified revenues; and WHEREAS, the current Admissions Tax may present a disincentive for those highly sought after businesses; and I WHEREAS , in the tight metro market, regulatory and business climate issues such as taxes can be a determining factor in site selection; and · WHEREAS, a temporary Admisaioru, Tax reduction to 0% for two years may help diversify the tax base ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS : Sectjon 1. The City Council of the City of Englewood , Colorado hereby authorizes a nd approves a temporary City Admissions Tax reduction to 0% for a two-year period and at the end of those two years the City Admissions Tax would be reviewed to determine reinstatement or elimination. On January 7, 2002 first reading was continued until February 4, 2002 . Introduced. r~ad m full a nd passed on first reading on the 4.i. day of February, :!OOZ -I - Published as a Bill for an Ordinance on the 811, day of February, 2002 . Beverly J. Bradshaw, Mayor A'M'EST: Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis, City Clerk o(the City o(Englewood, Colorado, hereby certify that the above and foregoing is a true copy o( a Bill for an Ordinance, introduced, read in full , and passed on first reading on the 4111 day of February, 2002. Loucriahia A. Ellis ·-· -- COUNCIL COMMUNICATION DATE: February 4, 2002 AGENDA ITEM SUBJECT: Easement Vacation 11 a ii General Iron Works Subdivision INffiATEDBY STAFF SOURCE: Department of Community Development Lauri Dannemiller, Senior Manager COUNCIL GOAL AND PREVIOUS COUNQL ACTION; • The subject property is within the North Englewood Industrial Redevelopment Area, an Ur- ban Renewal Area created by Council. • The subject property was acquired by RTD to develop a light rail train service and storage facility supporting substantial expansion of the light rail transit network serving Englewood. RECOMMENDED ACTION; Staff seeks Council's support for a bill for an ordinance vacating a utility easement at the General Iron Works Subdivision. BACKGROUND, ANALYSIS, AND ALTERNAUYES IDENQQEPi The General Iron Works Subdivision is a three-lot subdivision induding a re-subdivision of Terry's Addition, blocks one through four as well as vacated portions of Hawthorne (later Amherst Ave.), Elati and Fox Streets, and Yale Avenue. City Council reserved a 40' utility easement when vacating the right-of-way of a portion of South Elati Street north of West Amherst Avenue by Ordinance 18 of 1977. Elati Street was realigned on a fifty-foot right-of-way located approximately 90 feet east Previous vacations gave General Iron Works {GIW) tenants many surface uses of the land while avoiding the cost of relocating the utilities into the newly aligned street The RID light rail train maintenance building as designed, straddles the easement Because it would be difficult to access and service the underground utilities, the utility companies would not permit a building to be con- structed over the easement. RTD has agreed to relocate the utilities into the street right-okvay and requests that Englewood vacate the utility easement. The Utilities and Public Works Departments reviewed the request and have no objections to vacating the easement. Xcel and Qwest were also notified and have not responded. RTD plans to obtain a building permit for the Elati Maintenance Facility during Spring 2002. The legal description and exhibit of the easement to be vacated is at- tached. FINANCIAL IMPACT; There are no negative financial impacts to the City assoc~ted with vacating the subject easement RTD has agreed to relocate underground utilities in the existing easement Into the realigned South Elati Street at their expense. LIST OF ATTACHMENTS; Bill for Ordinance Map t< t .. , . • • ·• - • • e ------. ('""' I I \ ' L~ r--, ·..1 _ __) ----=---~--------- ' •· • LEGAL DESCRIPTION Vacadoa of Udllty Easement, 2700 S. E,lad St. A vacation of a 40-foot wide utility euement, • retained by City ofEqlewoocl at Ordinance No. 18, Series 1977 (Parcel "Bj, located ill the NW 1/4 oftbc NW 1/4 of Section 34, Towmbip 4 Soudi, Raap 68 West of the~ Principal Meridian, City of Englewood, County of Arlplboe, more plltic:ulaty dacribed • lbllowl: Bqimung at the NE comer of die NWl/4 of the NW 1/4 of said Section 34; tbcnce Wat alon1 the North line of Section 34, a distance of3S6 feet, ID the Wat liae of South BIiii St; thence on III angle ID die left of90" and aloaa the Wat line olSoudl !lad St, a distance of30 feet, ID the TRUE POINT OF BEGINN1NG; tbeDce coamwina aJons said line, a distance of 600 feet, to the extended North line of West Amhmt Avawe; cbmce on an angle to the left of90" and along said line, a distance of28.26 feet; thence on an angle to left of300, a distance of36.6 5 feet to the East line of South E1ati St; thence on an angle to the left of60° and along said line, a distance ofS81.67 feet ID the South line' of West Yale Avenue; thence on angle to the left of90", a dislanc:e of60 feet to the TRUE POINT OF BEGINNING; except the easterly 20 feet thereof; said parcel containing 0.SSO acres, more or less. S1ryeyor's Swrw,t I. David L. Henderson, a registered Professional Land Surveyor ill the S.... of Colorado, do hereby state that this Lepl Description and lllacbecl Exbibit were JWepered llllder my direct supervision and on the basis of my lmowlcdp, in1bnallioa, 111d belie( are c:anec:t. The attached Exhibit does not represent a monumented land survey, 111d ii only ID depict the Legal Description. David L. fessional Land Surveyor Dated Jmuary 9, 2002 Colorado P.L.S . No. 25632 t • • A vacation of a 40-foot wide utility easement. 2700 S. Elati Sl . I I j • I I I II I I I J !---1t--·~ Sall 1-.1cxr ORDINANCE NO._ SERIES OF 2002 BY AUTHORITY A BILL FOR COUNCIL BILL NO. 6 INTRODUCED BY COUNCIL MEMBF..R~~~~~~- AN ORDINANCE VACATING A UTILITY EASEMENT LOCATED IN THE 2700 BLOCK OF ELATI BETWEEN WEST YALE AND WEST AMHERST BY THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the General Iron Worka Subdivision ill a three-lot aubdiviaion includiq a re-subdivision of Terry'a Addition, blocka one through four as well u vacated portiona of Hawthorne (later known aa Amherat Avenue), Elati and Fox atneu and Yale Avenue; and WHEREAS, the City Council of the City of Enclewood pUNd Ordinance No. 18, Series of 1977 which vacated the Ript-Of-Way of a portion of South Elati Stnet ncrth ofWeat Amherat Avenue and realiped Elati Street OD a fifty-foot Risht-Of-Way Joc:ated approximately 91 feet to the eaat reaervin& a Utility Euement; and WHEREAS, the pauap of Ordinance No. 18, 1977 pve General Iron Warb (GIW) tenants many aurfac:e uaea of the land while avoidins the coat of relocatint the utilitiN into the newly a1iped atreet; and WHEREAS, the RTD light rail train maintenance buildiq u cleeiped. ltnddlea the eaaement; and WHEREAS, bec:aw of the potential dimculty for ao»Nin1 and aervicinc ~ underground utilitiea RTD hu choaen to relocate the utilitiea into the newly a1iped atreet and hu requeated the City vacate the utility •-ment; and; and WHEREAS, RTD plane to obtain a buildiq permit for the Elati Maintenance Facility during the apring of 2002; and WHEREAS, the p11888p of thia Ordinanc:e will autboria the vacation of the Utility Easement reserved with the pauap of Ordinance No. 18, Seriee of 1977; and WHEREAS, the Englewood Department of Utilitiea hu indicated that it hu oo need of thia Utility E-ment; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OP THB CITY OP ENGLEWOOD, COLORADO, AS FOLLOWS: $e<;t,ign 1. The City Council of the City al Z...-,,ood. Clllanllo .._., --.. a Utility Eaeement located in the 2700 block of Elati betftea.,.. Tale_. wea& Amherst, as ahown on attached Exhibit A. -1- • t .. • Introduced, read in full, and pUNCI on first readiq on the 4th day ofFebrwuy, 2002. Publiabad u a Bill for an Ordinance on the 8th day of February, 2002. Beverly J. Bradabaw, Mayor A'M'BST: Loucriabia A. Ellia, City Clerk I, Loucriahia A. Ellia, City Clerk of the City of Enclewood. Colorado, hereby certify that the above and fo?eaoinl ia a true copy of a Bill for an Ordinance, introduced, read in full, and pa8Nd on first readiq on the ,,. day of February, 2002. -2- -:~_.- ~~ --STATE OF COLORADO DaPARTMaNT 01' TRANaPOIITATION .....,and Traltlc ~ lrancll ...,, EaM ---l!mpire 1'8111 0-.. ~ IOZZl-3,IOO (:ml757 .... P,aj9ct NH 0252•211, PE. Ulla. Canal ATD-Urr Elat Mainl9Nnc:e Fldlly Fle11SM o-ntlaf zo. 2001 Ocnid BoalDn PuDlc Service Company al Calcndo 11:::•::.3"1Ave. o.w.. CO 80223 RECEIVED DEC 2& 2001 T-REX Project You-aulllCllndlO~ w1t11yauruia,,.......wm111n-•w,... ........ ~ua,.--... hal IINII IPP'aved lly Ille S .... Pl-. continue III cooidnal pr--.clan ...... .....__ ....... ic.llllCU.,, T-MJC ua, ...... 111 Cantannial. ~(303)Jl57-1113.~--_, ...... ,_,_.._ •••'-·....,•--n-..- plaae conlllCt KM!, wflO .. pnMde yau .......... ......... Ant lignllcanl mi1iona tram 111e .a11 .. 1a11111n .. .-.-.. ....-.11r,-111-.• ......... CDOT IIIIOl9yaurnaypa,1ann11111111Wi11ana.-,_......,. .............. a a • ... __ ,_ ..... .. ~lf.., ...... Ol..,. ___________ Qlllr _______ .. ..... Afflllhodalharllalg1rtlllll(MHT)......,...,CDOT ................ _, ............. ---.. llavllld roadway. Trallla oantal .._ .......... •• ..... U.S. D J I l llT 4 -I__, .. Colllaa Tll&Conlfflla..lc-. TIIIIID ........... 14»1_141Doa_ ...... ,_ ....... t I A ~---- Aaident~. 1n-•a .... llleAgrwMnt. lnal ...................... cooruaw-------... ... campleClon al lie -11. Thank you lat 'fOIIII wape.lllclL Alcll~l".I. ~u-.. ..... AH EIIClaeuNI cc: LMtyW-. T ........... C........ KM' Cullw, T-MX ...... C........ ( .. a .. Joyce ...... T-MX ...... ~I -I .. lnse Jaluwww.ftdl .----. .._,.,.... c iltllMf •• _,.ltt ~ ........ , .... -..111 C.,,,,. ... • Lala--111 f ... ,-11-, ~~-0.CIJ~ (.,.;,c..1.. ~ ~. 'T°4&1'. At. .&,C.C.T' .. - 0 vvLvr.lr'\I.A.I UC:, ..... M I i\i1c:i\i I Vr I MM1'<;:il"'VM j ~ 1·11..J fll STANDARD UTILITY AGREEMENT This agreement is for: 18] Engineering design 18] Construction work 18] Construction inspection 1..omrac: ro uung ; d'). -/rJ;d. 'f -0000 I Project , (Utilities) NH0252·299 Project t (Construclion) NH0252·299 Localion T-REX Project; RTO-lRT Elati MailtlNIICI Facility THIS AGREEMENT, made on (date)~ is between the State of Colorado for the uu ~d benefit of the Colorado Department of Transportation ("COO, or "the State") and Public Service Company of Cokpdo (PSCO) ("Own.,,. RECITALS: 1. The State considers it necessary to make certain improvements to the State Highway Sy11am, which are local8d as follows: County Arapahoe: City Englewood Located Elatl Strnt from YN Av•ou• to AmhfWlt AJIIOYI 2. The proposed highway improvements make it necesu,y to relocate, adlult, Ot inetall Clf1llit udity facMles that are owned by the Owner ("the Work"), which is generally delcribed u folowa: Relocate Psco 4" gas line in conflict with proposed BIP:LBI MaintlOIQCI flFIIY Byjklng p lf)own 1n Ext)jbit e, This work shall inciude design, construction, and insptdlon gf lbt 'lfTetr1911 Inf, 3. The Owner's Preliminary Plans. attached as Exhjbit B, outline the Work. The Owner INI prepant the deCailed plans in conformance with Part 645, Subpart A of Title 23, Code of Federal AegullllaM (23 CFA S&SA). 4. The State selected the Owner to perform the Wn pursuant to the~ in Secllarl 2'-103-205, CRS and Procurement Rules 3-205.01 and 3·205.04 of Iha Code of Colorado Regulalana. regarding IOle aoun:e p,ocurwnent and special circumstances procurement. :i. The State is authorized to pay the Owner for the performance of lie Worll. ~ to IICllarll 41 ·225, CRS (If the Owner ia a governmental subdivision of the Stale) Ot ~ 1 ·208, CRS (1118 Ownel'1 _.. n lacalad on/In a real property interest that is compensable in eminent domai'I). 6. The Owner and the State must comply with the CUIT9l1t versions of 23 CFA 8'5 and •Accclmmodallan of Ullltlel within State Highway System Rights of Way' (COOT Policy Directive 390), in Older 10 ablairl federal partlcipallon in the costs of the Work. 7. The State and the Owner desire to complete the Work as soon u poed>le. NOW THEREFORE, THE PARTIES AGREE: 1. The following are incorporated as terms and conditions ol lhis Agreement. (Items a, d, 1, and f are attached to ttlil Agreement. Items b and c are available from COOT upon 1'9qUNt.) a . b. C. d . e . f. The State's "Special Provisions· (for the pu,i,ou of the $t)ecial Provisions, the Owner ii !tie "Contractor". ntte 23, Code of Federal RegulahOns, Part 8'5. COOT Policy Directive 390 C-Accommodatlon of Utilities Wlltlin State H1g nwuy Systlffl Rights of Wa,r). CDOT Form #70, "State Ublity Agreement A~. Owner's Cost Estimata (ExQfb!S Al . Owner's Preliminary Plana (E11tUPtl Bl . Any conflict Qetween such terms sflall be ~ in the p,lonty they .,. !lated. Thia AgrNment lhall be IUbject to conflicting terms contained in a and b . but snal prevail OV8I' co11,'lict1119 terma contained inc thN I. The Owner shall perfom, (or have perlom,ed) IN Work In accordance with al appllcable term1 and conditions of tnis AgrHment. 3. The State will reimburse 1M awn., •c, tne eligble COiii of the WOtlt, after the Wn ii compleled to the Stata's I UJVI n>n11ll..-....,,.11UI ' .. .. • • --- 0 • 0 D · . sat isfact ion and the State has re ceived proper billing . The State and the Owner have estimated the costs of the Work as shown 1n the Owner's Cost Estimate , Exhibit A. 4. The Owner will use the method indicated below to determine the Work costs: ~ A. The direct and indirect costs accumulated under a work order accounting procedure prescribed by a federal or state regulatory body and estimated at$~-If this amount is greater than $80,000, the State may retain 10'l'o of billed costs, up to a maximum of S"lo of the original contract amount, prior to the required audit by the State, u required by section 24-91-103, CRS. Based on the eligible costs as determined by the State's audit, the State will either pay the Owner for costs in excess of any previous payments, or the Owner will reimburse the State for any previous payments in the excess of eligible costs, whichever is applicable . The State will pay the Owner intermediate payments for Woi1c completed when requested and property billed. Payments will not be made more than once a month. 0 B. The lump sum amount of $ __ u detailed on the Owner's Cost Estimate, ~-Under this method the State will make payment to the Owner when property billed and the completed Work is inspected and accepted by the State . 5. In the performance of the Work, the Owner and its subcontractor(s) shall develop and record the costs of the Work in accordance with 23 CFR 845.117 and any other applicable regulations or procedures . The Owner shall provide the State with all information and reports required by state or federal staMe or regulation. 6. The amount the State pays the Owner under this Agreement will be full compensation for all the eligible costs incurred by the Owner while performing the Work . 7. If the Owner incurs costs to acquire replacement right-of-way or an easement under this Agreement, the Owner must invoice such costs separately. 8. If the Owner determines during the performance of the Work that the estimated Work coats wiU increue beyond the ~ estimate amount, the Owner must obtain a supplement or other approved modification to increase the mount of this Agreement before performing any Work which will exceed the current estimated coat The Owner must ·· itemize all cost increues on the final billing. 9. The Owner must submit to the State all billings for the costs of the performance of the Work not later than 120 days after completing the Work. 10. After this Agreement is executed by the parties and is approved by the State Controller, the State wiH give the Owner written authorization to proceed with the Work. The Owner shall not proceed with the Work before it receives such authorization. The Owner shall complete the Work within 120 days after receiving this wrttta, authorization. 11 . FederaVState Regyjrements. The Owner shall at aH times in the performance of the Work atr1ct1y actMn to, and comply with , all applicable federal and state laws, and their inplementlng regulallona, as they currw,tly exist and may hereafter be amended, which are incorporated herein by this reference as terms and condlllona of this Agreement. including those in 23 CFR 845 . 115 requiring award of subcontracts by public bid. The Owner shal also require comp liance with these statutes and regulations in subgrant agreements permitted l61der this comract. The Owner must obtain State approval prior to the award of any subcontract between the Owner and another party for the performance of any part of the Work. 12. Maintenance of Records . The Owner shall maintain a complete file of all records, documents, communications , and other wr itten materials which pertain to the operation of programs or the delivery of aervicas under this contract. and shall maintain such records for a pariod of three (3) years after the date of tannination of this contract or final payment hereunder, whichever is later, or for such further period aa may be neceuary to resolve any matters which may be pending . All such records, documents, communications and other materials shall be the property of the State, and shall be maintained by the Owner in a central location Ind the Owner shall be cuatodlan on behalf of the State. 13. Audit Inspection of Records, and Mon;toring, The Owner lhall permit the State, Federal GcMtrvMnt. or any "ther duly au thorized agent of a governmental agency to audit, INpect, examine, excerpt, copy and/or tranacrl)e wner's records during the term of this r.::ontract and for a period of three (3) years following terminallon of this contract or final payment hereunder, whichever is later, to assure compliance with the lemll hereof, or to evaluale the Owner's performance hereunder. The Owner shall also permit these same described entltlel to monitor al lCIIYltles ~ed by th e Owner pursuant to the terms of his contract. As the monitoring agency may in its sole diacretlon deem i • ·' t .. • • 0 . nece$sary or appropriate . ~uch mon ,tonng may consist of internal evaluation procedures, exam1ra:,on of program data. spec ial analyses. on-site check , or any other reasonable procedure. 14. Independent Contractor. The Owner shall perform its duties hereunder as an independent c:::ntractor and not as ,n employee. Neither the owner nor any agent or employee of the owner shall be, or shall be deemed to be, an agent Jr employee of the State, and they shall have no authorization, express or implied, to bind the staat to any contracts, settlements, liability, or understanding except as expressly set forth herein. The owner shall be 1'9Sponsible to the State tor the ultimate results or performance required hereunder but shall not be subject to the dlntction and control of the State as to the means and methods or accomplishing the results. The specifications in this contract of particular performance standards the State deems essential to proper performance and contract value shall .i no event be deemed to alter this relationship. Owner shall pay when due all required employment taxN and income tax withholding, including all Federal and State income tax on moneys paid pursuant to this contract. The owner shall provide and keep in force worker's compensation (and show proof of such insurance) and unemplDyment compensation insurance in the amounts required by law, and shall be solely responsible for the ac:a of the owner, Its employees and agents. The Owner acknowledges that owner and its employees are not entitled lD the benefits of worker's compensation insurance or unemployment insurance unless the owner or a third party provides such coverage and that the state does not pay for or otherwise provide such coverage. 15. The term of this Agreement will continue to the date the State makes final payment to the a-.r. with the 11xception ol the continuing records retention requirements, which shall extend beyond the term. 16. Termination tor Convenience. The State may terminate this contract at any time the State detarmines that the purposes or the distribution of State moneys under the contract would no longer be served by completion of the project. The State shall effect such termination by giving written notice of termination to the Ownw and specifying the effective date thereof, at least twenty (20) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies. surveys, drawings, maps, models, photographs, and repons or other material prepared by the Owner under this contract shall, at the option of the State, become its property, and the Owner shall be entitled to receive just and equitable compensation for any satisfactory services and supplies delventd. If the contract is terminated by the State as provided herein, the Owner will be paid an amount whicl'I beers the same · ratio to the total compensation as the services satisfactorily performed bear to the total servlcea ol lW Owner covered y this contract. less payments of compensation previoully made, provided, hQwever, that If leu ltlar'I alxly pen:ent \SO,,•) of the services coverea by this contract have been performed upon the efflCtlve date ol lUCl'I tannlnallon, the Owner shall be reimbursed (in addition to the abOYe payment) for that portion of the -=tual out4-pcdcet exp8l'IIN (not otherwise reimbursed under this contract) incurred by Iha Owner during Iha contract period whlcll .. dr9Clly attributable to the uncompleted portion of the servicn covered by this contract. In no event lhal r9imburNment under this clause exceed the contract amount. If this contract is terminated for cause, or due to the faul of the Owner, the Termination tor Cause or Default provision shall apply. 17. Termination tor Cause If through any cause, the Owner shaft tail to lulfllt, in a timely and proper manner, Its obligations under this contract, or ii the Owner shall violate any of the covenants. agreements, or alpulallona of this contract, the State shall thereupon have the right to terminate this contract for cause by giving wr--. notice to the Owner of its intent te> terminate and at least ten ( 10) days opportunity to cunt Iha default or show caJN why termination is otherwise not appropriate. In the event of termination, aH finished or unfinished doc:Wna,ta, data, studies, surveys, drawings, maps, models, photographs, and reports or other material prepared by 1W Owner under this contract shall, at the option or the State, become its property, and the Owner shall be entltled ID receM just and equitable compensation tor any services and supplies delivered and accepted. The Owner shaD be obllgatad to retum any payment advanced under the provisions ol this contract. Notwithstanding the above. the Owner shall not be relieved of liability to the State for any damagea suatained by the State by virtue ol any breach of the contract by the Owner, and Iha State may withhold any paymena \o the Owner for the purposes of mitigating its damages until such time as the exact amount of damagH due to the State from the Owner is determined. If alter such termination it is determined, for any reason, that Iha Owner was not in default, or that !lie Owner's action/i naction was excusable, such termination shall be tntated as a termination tor convenience. and the rights and obligations ol the parties shall be the same as if the contract had been terminated for convanience, u dNcrbld '1erein . 18. If thlS Agreement includes construction work the Owner must give credit to the State for the alVage value, • explained in 23 CFR 645. 117(h). The Owner shall not dispose of any recovered mal9rtals befor9 Ille Slate hu inspected such materials and approved such disposal. ' .... .. • • 19. Funding Letter . This 1s an indefini te quant ity contract tor the services specified herein . The panies have estimated the quantity and cost of such services, but such estimates are estimates only . a. Funds are available and encumbered in the amount of the estimate. The Owner shall not perform Work. which create a financial obligation of the State exceeding the amount of available funds specified herein. [Additionally, the Owner shall notify the State's representative when State commitments, paid and unpaid. are within 1 o,-. of the amount of funds available). The State is not liable beyond the amount of funds specified as available in this paragraph. b. If the actual cost of such services exceeds the funds that are encumberad, the State may from line to line, in a form substantially equivalent to that in COOT Form# 1188a, "Funding Letter", Ind bearing the approval of the State Controller or his designff. make more funds available on this contnlet. The funds availabilty letter shall not be deemed valid until it shaN have been approved by the State Controller or such usiltant u he may designate. 20. Change Order l,ttter Changes within the general scope of the Agreement may be eQCUled uu,g the COOT Form # 1285a, "Utility Contract Modification Order", for any of the following reuona: a. Where the agreed changes result in no adjustment to the [price] (caillng cost), delivery schedule, or other terms and conditions of the contract. The change letter will contain a mutual releue of c1aima for adjustment of price, cost, time for performance, or other terms and conditions, whelher based on costs of changed work or direct or indirect impacts on unchanged work, as a 1'91ult of the change; or b. Where the changes to the contract are priced based on the w,it prices to be paid for the goods or services in Exhibit A of the conlBCI; or c. Where the changes to the contract are priced based on established catalog prices generally extended to the public, or on prices or rates set by law or regulation. The written bilateral change order letter wiU be substantially In the form of COOT Form • 1285a. • must bear the •919ture of the authorized agency offlclal. the Owner, and-4XC8pt wtlera lhe pa,tlN agree an lhe face of the change lier that no price/cost. schedule, or other contract adjullrnenta are due lhe Owner-lie state conlrOllet or Ilia designee. The change ordet letter shall ,.,. to lhe buic contract and Include a detailed dNCrlpllan ol lhe changee to the contract. lhe price or coat c:elling adjua1rnent, the ehc:IM date, and (whera applicable) lhe lime wlllin wl'llch the changed work must be done. Other bilateral modlfic:atlona to lhil contract no1 wllnin lhe lCoP8 al 1h11 paragraph must be executed by formal amendment to lhe contract. approved in accordance wilh ataia law. 21. l,tgal Authority. The Owner warrants that it.polMIIN the legal aultlority 10 entllr into lhil contract anc:l lhat it hu taken all actiona required by its proc:edurN, by-laWI, andior applicable law to exatCile lhet aulhorlty, and to lawfully authorize its undersigned signatory to execute thil contract and to bind lhe Owner to ila terma. The penor,(1) executing this contract on benalf of the Owner warrant(s) lhat such person(s) have ful aulhorlzallon to execute this contract. I awHr under penalty of perjury In the HC:Ond deg,.. and any other applicable state or fedenll laws that I am 1ulhorized to enter this agrNment and the statements made are true and complete to the best of my knowledge. irector, Gas Delive.:-y £n0 ineering Tille 4 ATTEST: STATE OF COLORADO Bill Owen1, GOVERNOR COOT Form t 690a Rev . 2/01 P' COLORADO DEPARTMENT OF TRANSPORTATION STATE UTILITY AGREEMENT APPENDIX 'oty PIOfect ,: I Utility Project Cllde (SA): I 0252-099 1158' Localion: Sall Slr8M. Yale A-,ue to AmllerSI Av1n ... Ullity,,.,.,. (-i: Public 5-Company of Colorado n...19""""' p,ovidN far ~ al Ille falowin; COIII: 181 Preliminary enginHring by: 181 Constructlorv'T raffle by: 181 Construction inffrin .. , ~ p,qec:11: NH 0252-099 ~~BtS.oo D Consultant D Subcontr1ctar D Consultant of wa T-REX wiH ~ D within an easement acquired for the owner Proof al 1N1 pn,pe,ty .......i or lligDlily far r9tffllMNIIWII ii: D Record title: County: Book: Page: Local Ordinance 1:18 City of Englewood Date: August 3, 19n NA D Easement (copy attached) NA O Government Subdivision (C.R.S . Sec.43-1·225) NA \ NA NA II Illes-and Ille 0-... ... -reapansitlle ..... al Ille llllal ....... «x*I. ........ and IUllllqlia'& liellalallan: D Actual costs attributable to the State Total work a ·usted to the Stata's ta shar. docunent method of inedmal9 . Thewo.11Wllonvotve: NA O Replacement of a building, pumping station, substation, or any other similar unit (Include credit for expired service life in estimate). NA D Betterment of a lacility, other than one required by current industry codN or standards (include c:redlt for betterment in estimate). NA O Recovery of materials for later reuse by Owner (Include c:redlt in Ntlmat9 for UIYage eJIICNdlng $5,000 at current stock rices). Whe<e woll Ille r9C0101 ol 11111 WOfk be rna,ntaJneel and ....... lllal 11'9 executed agra«nlnl documerU be NIii? All1ntlon: Deever, CO 80223 Phone o: 303-571-3748 Who •1ie11elllllllilallll11111www-•anllla~ Name: Deaiper III CDOT Fam ,10e 51111 ' • • FOR INFORMATION ONLY COOT FOAM t70II APPENDIX TO STATE UTILITY AGREEMENT This appendx facilitates the agl"fffflent review process and documents contormance wilh applicable coat reimbursement criteria. Federal ragulations on this subject.,. contained in 23 CFR, Pll1a 172, 835, and 845A. These regulations include conditions and Imitations on federal-aid pa,11cipation in Ullllly relocation costs. The following notes explain certain 1'9qUi'9fflelllS IO guide the praparalion of this and Olher ...,,,.,,, documents. ENGINE=..RING ANOOR CONSTRUCTION av OWNERS FORCES: Owner l'IIUlt be adequmety staffed and equipped IO perform satllfactorlly and in a timely IUhion; Construction work mUlt be of a minor natunt routinely performed by the Owner's forces. (23 CFR &tS. 109, 835.205(b), 845.11S(a)) ENGINEERING CONSULT ANT SERVICES: 1) Conautant Nlectlon subject ID COOT approval; subcontracts exceeding $25,000 IUbject to price evaluation and approval by COOT ~ and Consultants Office . (23 CFR 172. 7) 2) Consultant imer exisdng ongoing wrta.n contract must r9gUlarty provide similar services for Owner's non-highway-related work; approval subject to finding by COOT that costs are ntasonable. (23 CFR &t5.109(b)) CONSTRUCTION SUBCONTRACTS: Construction under exlltlng ongoing Millen connct subject to finding by COOT that costs .,. l'NIOMble. (23 CFR 645. 1 1 S(a)(3)) INCIDENT AL WORK: lnclclental work awarded without c:ompelllM bidding subject ID finding by COOT that costs are reasonable. (23 CFR &tS.11 S(a)(4)) UTIUlY PERMIT REQUIREMENT: COOT permit requir9d if ~ lacillllee ar. located wllhln ulllrna COOT right-o!-way. EXCHANGING OF EASEMENTS: " replacement right-of-way la to be acqund. the COOT Region Rlght- ot-Way section must handle the uchanglng of euementa wil'I the Owner. PLAN DETAIL; Detail plans to illustrate the work coll9r9d by agrNment. Yerly the location of ullllng and pro1)0S8d facilities with respect to right-of-way boundaries and planned highway construction. Show existing facilities in l'8d and p,opoaad facilities in green. The COOT representative's signature on this Appendix cer1IIIN conformance wilh applicable cost reimbursement criteria. Supporting documentation, if not included u part of tllil agrNIMIII. ii maintained in the project Ille and proviclecl upon request · FOR INFORMATION ONLY • t • • .- • 0 SPECIAL PROVISIONS (Not for Use with Inter-Governmental Contracts) 1. CONTROLLER'S APPROVAL CRS 24-30-202 (1) This con1r.1et shall not be deemed valid until it has been approved by the Controller or the Stare or Color:ido or such assist:111t as he may desipare. l. FUND AV All.ABILITY. CRS 24-30-202 (5.5) Financial obliptions or the Swe or Colorado payable alter die cumsnt fiscal year :ire continpnt upon fuads ror that purpose bein1 appropriared, budpted. :ind ocherwise made available. J. INDEMNIFICATION. The ContraclOr shall indemnify, save, illld hold barmlas die Slll&. ill employea and apnis. apinst any ud all claims. damaps, liability and court :awards includiq COiia. upeues. and aarormy r.a incumd II a raull of uy act or omission by the Connet.or. or ill employea. apnu. subc:onlraclors, or lllis-punuaal ID die terms of this COftlrllCL 4. INDEPENDE.Yr CONTRACTOR. 4 CCR 111•2 THI! eotmlAC'TOa SKALL Pl!JUIORM m Dl/Tl!S Hl!ll2UNDD AS AN INDE'DIDINT CONTaACTOll AND NOT AS AN !MPI.OYEIL NIUTHl!R THI! ~ ~-ANY AOINT oa IMPLOYD OP THI! CONTaACTOa SHAU. Ill oa SHAU. BE DEEMED TO II! AN AOENT oa l!MPLOYU! OP 1111! STAff. CoNBAcroa SHALL PAY WHl!N DUB AU. llEQUlllED l!MPLOYMl!NT TAXES AND INCOME TAX AND LOCAL IIIIAD TAX Ol'I ANY MONIBS PAID BY THI! STA111 PURSUANT TO THIS .CONT1lACI'. CONT1lACTOa ACJCNOWLEDOBS ntAT 1111!~ AND ITS IMPLOYDS AU NOT ENTlTU!D TO UN!MPI.OncEHT INSUllANCJ! Bl!NEl'ffS UNU!SS nm CONTaACTOa oa naan PAATY PllOVIDl!S SUCH COVEllAGE AND ntAT THE STATE DOl!S NOT PAY POil oa OT11BW1SI! PllOVlDI! SUCI COVDMZ. CON'nlACTOR SHAU. HAVl! NO AUl1fORIZATION, !XPIU!.SS OR IMPUE), to BIND TH1!STAT1! TO ANY AOUl!MDITS, UABD.JTY, OR UNODSTANDINO EXCEPT AS l!XPIU!SSLY SET l'OllTH Hl!UJN. CONTRACTOR SHAU. PROVIDII AND KEEP IN PORCE WORICEllS' COMPENSATION (AND PROVlDI! PIIOOP OP SUCH ll'ISU1lANCll WHIN UQUl!S11ID BY THI! STATE) AND UNEMPLOYMENT COMPENSATION INSURAHCII IN 1'111! AMOUNTS UQUIUD BY LAW, AND SHALL U SOL.ELY RESPONSIBLE POa THI! ACTS OPTHI! CONTaACTOa, ITS IMPLOYl!S AND AClDITS. 5. NON°DISCRDIINA TION. The concr:ictor agrea to comply widl the leaar and the spiril of all applicable Dia 111d Cedlrral laws rapecliq discrimination :and unbir employment pnclica. 6. CHOICE OF LAW. The laws of the Stare or Colondo and Nia and nitulaliou iuued punuant dlenllo shall be applied iD die inu:rprewion, execution. :ind enforcement or dais contrXL luJy provilion of dais connct. wlledm or DOl incorpor.lled herein by reference, wbicll provida for abinlion by any ema-judicial body or i--ar which ii otherwise in conflic:1 with said laws. rules. :and nipialiou lllall be couidend llllll ud void. Nocbia1 COlllliDed in my provision inc:orpor.lled ben:ia by niference which ~ ID ...... dais ar aay odllr special profllioa in whole or in part shall be valid or enforceable or available III uy a&:lion ll law wbedm by -y of c:omplaiJu. defense, or otherwise. Any provision rendcral null and void by die openlioa of dais provision will not invalidate the remainder of this c:oncr:ict IO die ext.enc tllll the COllll':ICt ii c:apable of uecutiOll. At all times during the perfonnanc:e of this c:onnct. the Colllnl:lOl' lllail suicdy adhen IO all applicabla r.deral and SI.lie laws. rules. :ind repl:ations tllll have been or may bereaftar be allblisbed. 7. VENDOR OFFSET. CRS 24-30-202 (1) &CRS 24-JO.lOU Pursuant to CRS 24-30.202--' (as :amended), die Stare Conaoller may withhold debu owed ID SC. apncia under the vendor offset intercept system ror: (a) unpaid child support debt or child support --.-; (b) unpaid balance or w. acc:nied inlereSl. or ocher c:barps specified iD Anicle 21. Tide 39, CllS; (cl mapaid lolu due to the S1udcn1 Loan Division of the Depanment of Hiper Educalion: (d) oWlld _.1911uind IO be paid IO the Unemployment Compcns11tion Fund: and (e) other uapaid deba OWUII IO die 511111 or my~ lbereof. the :unount of which is found IO be .:iwin1 :as :a result or ftna.l :apncy dealrminalion or niduced r.o juqa.nt 11 certified by the controller. I. EMPLOYEE FINANCAL INTEREST. CRS 24-11-201 A CRS 24-50-507 The signatories ;aver r.h:at to their knowledp, no employ• of 1111 SIiia or Colorado hu any personal or beneficial interest wh;iuocver in the service or property clacribed benia. Ap,-llaA ' • • . ... , . ... -. .. l ( .•. ., ' . '. ~ •• :- ' _, ,'tl/!-9C~ J: .. : '~·-·· IN'l'JtODl.iC!:D AS A BILI. BY COL'RCIUt.UI SJU-r.t KC, 45211~.i 5~ 7 BY AUTIIOJI.Iff oaonwta hu. ..JC. :IEIUzs OF 1'77 • AN OIUIINNICE VAOTIJIG A P0Jl'1'IOII OP TU 2700 m.ac:Jt 01' soorB EU1'I STJIEET Mm A 1'01\TXON 01' fllZ 400 aLOCX or WDT YALE AVENO!:. LYDIG UD BE%1'G 1fX'fBDI TD C:Zff or DCI.mlOOD, AJIA- PIUIOE Comm', COl.ORAIXl. . . NBEUAS. ~n praaently uiata plJblic V&J'• knovn aa 1:lle 2700 Block of South U.ti St:Ht and the South ona-b&lf (1/U of the 400 Block of Nest Yale Am-within tJla Cj,ty of Englewood; and 11111!:IIDS, th• City ud Co1111ty ·of Denver is -ciDCJ vacation u ·a public vay the IIOr= cme-b&l! . (1/2) of the 400 Block of West Yale Avenue: and · WHEREAS, th• Planning and ZOnill9 C~Hioa of tlle City of En9levood raccaaended t:bat a ~ of ~ 2700 al.oplt of South El.ati Screet a.ad a portion ~ ~ 400 Uoc:k of Wut Yale A,,.n-· !:le •acated, ~-~..-~2b4•' ~ .... •• hereillafr.er a:,ra p~~rly ··da9cl:ibed. . IIOW, '1'iisuFou. u IT QaDAIDI) ·n DE CI'l'Y c:ouilcZL 0, '1'IIE CITY' OF ENGI.ZWOOD, C:OLOU.CO, AS ~ s Sec~or.i L. That t:be folloviA9-de•crilled portioaa of pabllc auaet:a located vitbin the City of ln9lawaod, Arapahae Coaaty, Colo:r:aclo, beirs9 lmovn •• ~ 2700' al.oc:ll of loath S1ati ltr-t aad CM South one-b.al.f ll/ll of th• 400 llock of Weft Tal.e •---be &Ad the •-i• .her~y vacated: PAJICZL •J.• Beginoin9 at tb• NJ: corner, )Ill 1)4 ,. ll1f 1/4 of Sec •. 34, ""P· .4 s, 111•· '8 W of t:lle ,th P.M.: tbeilce If &loq ~ • 11-of Sec. J• 190.l ft. to the t--ue paint of be4Jinaincf: uieace cootinuin9 alon9 said line 1'5. I ft. to ~ W line ~ So1l1:h IUati St:••t: thence on an an9le to tba lef~ of to• and aloa9 the w line of So11t.'s &laci St=N~ a diataace of JO Ct., to t:be extended S Lin• o! lleat YaL• Aftn!M; tnenca on &A -•l• co · th• Let~ of to• aod alon9 .aid 1J.11e • 4:LaUACe of 151 h. I t."lence = an an9l• to the LeCt 13•44 • 30• • cliauac:e of Jl.4S ft. to the true point of b.99iAoin9; aaid parcel -taJ.aJ.At -1- •• ........ ••••• .;.--,t ! i ! ! ) I I t <. . I ' 0.109 &eras, more or less, in th• County of A:ap&hoe, sute of Colorado. PAJICBL •a• ae9iAAin9 at the ME co.mer, 1111 1/4, JIW l/4 of Sec:. J4, Tirp. 4 S, a,a. 18 w ot tha Ith ·p .11.: tbance W al.0119 the • line ot Sec. 34 • 4i•tanc• ot 351 tt. to the If l.ine of South Slati St:r~et: tbence oa aa an9le to t:Ja• left, of to• and &1olllJ. t:lle w ll.-of so11t:b :Slati su .. t • di•tanc• of 30 ft. = the . true poiat of be9 i.,niA9: thanca · ccmti.Auing alo119 Mid liA• a cli•u..nca of 100 ft. to the extelldec,l • l.ill9 of ... t .Aabent Avenue: tbance on aa &1191• to the l.eft: of ,o• and &1oncJ •ai.d line• diaunc:e of Zl,21 · tt.: e!ienc:e 011 an &n9l.e to tlla left of Jo• • diat&nce of 31.15 ft. to t:be . z liA• of Sou.di Zlati St:reet: tbanc:e on an u9le to the left of 10• and •loalf •aid line • distance of 511.17 ft. to the s U-of ... t Yal.• Avenue: thence on aa u9l• to the left of to• a diataace of IO ft. to the true ec;illt of be9inlliA9: said parcel -ccmt&iAillfJ o. 120 acr .. , more or 1•••. ill t.ba County of Araea!lo.•, sut:e of Colorado •. ·The Cit:, hereby eapr~-ly reserves· .to Luelf/ its ·aaaiv-, . appoilltee• and lic:au.... ...-.au for madaqro-4 auiiey . line•.• pip•• and suuctw:es as prueat1:r. md.atillll or ccmstrw:tecl . in the fut~• and s11eh abo-aarface deric-as an 11eaanary for the aaint•-· of aaicl llllderCJ:Oua.cl facilitiu, on t:ba follovint-de•cr~ad property: l'AaCSI. •A• .. 9i.nniA9 at the IIE corner, NW 1/4, 11W 1/4 of lac. 34, '?Wp. 45, a,a. H w of tha lttt P.N.1 t:llenc:e v aloD9 t.be • line of Sac •. 34 190.:Z ft.· to t:ba U'Ua· pout of lle9.f.nniDf1 t.llebc:e ·conti:iuln9 alo119 s&id U-115. I .ft. t:a t.be W line o~ aoat:Ja Bl• ti Streat: thence on u &DCJl• to . t!la l.eft: of . to• 1111d aloa9 . th• W 111:la ot South llati Streat a clislt&nee of JO ft.. a, th• extended S line of West Y&le Aftllla; tbelu:• on an &119111 to · t.ha left of 90 • and al.009 aaid line a di•t&Dc• of l.51 ft. I thence -an an9la to ~e left of 43•4••10• & diatanca of 33. •s ft. to th• true point of be9imliA9: said parc:el. aDGtai.niA9 .lOt acras, 110re or l•••, iD t:be county of Arapa!loe, St:ata of Colorado. •AJ!CEL ••• Beginning at th• H corner, .. 1/4. IN 1/4 of lee:. J41 Tvp. 4 s , aga . 18 w of the lt.h P.JI. z thence V al.oaf tlle • li-of Sac. H • disunca of 356 ft.. to Che W 111:le of Soatll Sl.ati Straee; thence on an an9la to the l~'! of to• and alo119 the W line of South Zlati Stzeat • distance ot JO f:. ta t!la u,ae -J- t •I .. ·1 ~ 3 l ' l. ' ' ' . ~ . i ;; ; ;, \ , I I ! ; ; . ! .. ~ i t! ' \: . I . - poi.nt ot begin::ing; t.henca cont.illuinc; alonq said line a ti•-. tAnce o: &00 et. to t.he eJCt,uu!ed • J:iae of W.•1: Allhei:at AveA-; t!lence on an angle to cbe lefl: of to• and along a&i4 line a 4i•Ul:ce o: 28.26 ft.: thane• on u U19le to tba left of Jo• a distance ot 3'.S5 ft. to tlla E liA• ot South Zl.ati su .. t: thence oa aa an9le to the left of &o• &:Id aloq sai4 l.l.De & cil•unc:e of Sll.67 ft . to the S liDe c.t ... t Tal.• A,,.mae,· cnenca -an an9l• ca tu left of to• a· cli.•t.1111Ce of io ft. to Cb• uue poi.At of N4JiAJ:liA9; ·except tlla euterly 20.0 ft. ~reof; •aid p._l c:mataiaJ.Dq 0.550 acres, a,n or le-, ia t:be Cau.nt:y of Arapahoe, State of Colorado.· fli• party. -er or pau-aor of .ay ri9bt to tbe property vacated by t:hil •u-nt shall aot iA any aumer nst.ri-ct, binder or injure t:be rt,bt ol tlle C:i.ty, iu usip.a, appointees or licenae•• or t!lei.r fac:ilitiu. . aadar ao c~-. shall any al:tirlt:y talca place t!lat vaal4 daa&99, bJ.lldiar or n•trict .the uae of tbe eu-t by ·t:Ae City, its usipa . and lic:easee• or it• facil.i.ti••· . .._ • fq,-.........-r ·--paaa nwar o~ .. tlle ri.9lu: to aay pon.ioa of . tu p,:aperty Yacat.ed allall. 1M . liable for any daaaiJ• c:aued ~ ·11: to Che IIIIC!iarv:aand· facil:hi .. • -1at.in9 or cou~ecl ud tbGSII .-face dance• ~•UT· Sllculd -i11tenance or caastrix:tioa 1M ~.·it uall lie ~ nisponsi!lilit:y of Che party .iA po--•ioD to.-f%oa tbe •u.r!Ace of the ea•-nt uy itaa alls~ tJle Miaaaaace or co-tJMM:1:ion., -llo SUUC:tllr• •ull be c:aaatJ:\lc:tad OD t:be ... --t at.lier t.b.n no.i:aal gradiA,J &Ad upbAJ.t nrfacw19 for p~ or road pu.rpaaes . Th• Ci t:y sull replace tM •uri!ace of die •u-t to its noi:m&-l. 9rade and rep&ir u~· upbalt ••=9" or Z'W-4 ia cJ1e course of con•~t:J.aa or -iAc-c:e. 'nla ua_ips. appoia&ae• or licensees of the City, 9114 aot tlle City, all&ll lie ~l• 1:0· :e1:urn the s11rface of 1:1\e ·--t to its 11azaal wr .. e · allll repair a.spa.Lt ua&9ed or r-Yed in the coli.rs• of -•trm:tion or aaint.enance of t:hau existincJ fac:iliti•• or faciliti .. c:aa- strw:ted in the f\11:ure. Inl:roduced, read in full &Ad paaaed on first rea41119 - t.'te Sell 4ay of July, U77 . Published as a Bill toz: an Or.:linuc• on Cb• 13th cS&y of J11ly, l9 77 . Real! by title &4'1 passed on fiaal readiDV on Che ls~ dAy Of AU9'11St, 1977. ··, . I . . L ' --------·- ( •• u .. 11 a., ~~le u 01:diDAAc:• 110. -'L-• ~ of 1'77 • .... , .... , ......... ,~~~ . r / . · I .... ················ · ... : ....... ] 7' . ! -~.~., ____________ _;_ ·------. ____ ..... _ / /' I fl Xcel Energy- DAD: .,__,,_1 TOI ftlOII: l!JOlaT•A• svanc:T: .,........ ........ T-&IXpnjeltNIIIISWN lmMll'l'a.d•B•mkul_•....., ...... 7IO' o/ 4" ... pipe • 14.14/!t n.,,ln llllnp, .. and caps XCIL ln.;y I.Illar ................ XCIL l!nllW ..,._ • .,,. o/ I.Illar ~I.Illar 240 ............. Cclnlrlmll' Pqp Fr, •• ........... 1Gllr .............. Ln•u lld1llum ..... ....._. Wlldill9Rig .... 011Mw T...., 2..,_, 0 S4Uw U111Y Truck 411ft O mtlr MTallll 34IO IOI GIi. 21111 1440 .._., IIQO -112.0 .., 72D ,., ., 17400 • IMO' 111 .... ~., ....,,/ GM- 1&. .C,.·•' •lUMLflMI.IL • ·: .... -····: ·:.:·::·············-~.:: ·····•·•·········•·····• •.... .. -······ ~:::~:'.·.·::::::~.:::}'::::·:·::::··::~ ..... . ...., .. ,·-··-··· ... ... -~?-··--..k ..... -· .. .... ---····--··· .. ·····-···· · ......•......• ····t .. . .. (J '· ..... · .... ~ .•. ' . . ·"' .,,. .. ··'" ' • > ii •. ,. ~ · ... "• •• .,,. ... .,,. . • ik. • .• •. • •• • ••• ~' :r •• ~ ..... ,, .. , ,.,, . '· :-... · .... ~:·.:_~·.:~··· . : .. : •.;. •~ ' . ·~ ~ • . . i,.;: ~-· .... Al TTTLII ·-. • \, •J -RTO-LRT El•ti Jl•i.at,n•nc, F•cm·v I r: I I I . I . i !I ·I 1~ V RESOLUTION NO.~ SERIES OF 2002 A RESOLUTION FOR SUPPLEMENTAL APPROPRIATIONS FOR THE 2001 AND 2002 BUDGETS OF THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood City Council of the City of Englewood, Colorado, approved the 2001 Budget and Appropriation Ordinance on final reading on November 6, 2000; and WHEREAS, additional funds are required because all expenditures and expenses are often not known until all invoices and purchaee orders are proceseed at or after year-end; and WHEREAS, the Englewood City Council of the City of Englewood, approved the 2002 Budget and Appropriation Ordinance on final reading on November 6, 2001; and WHEREAS, funds for the Cultural Arts Center research project was budgeted in 2001 but <-'Ould not be expended until this 2002 supplemental appropriation; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City of Englewood 2001 Budget is hereby amended as follows: GENERAL FUND: Sgmp o( f'unde: Unreeerved/Undesignated Fund Balance State Library Grant Law Enforcement Grant Use of Fundo· City Attorney's Office Outside Counsel and Proaecution Salaries Library Services Four additional public internet computers First time annual lease of 3 public copy machines Additional costs related to aquarium in Children's Library State Library Grant related costs Subtotal Safety Services -Command Vehicle DONORS FUND: Sow:ce o£ Fuode : Forfeiture funds lJee of Funde: Safety Services -Command Vehicle S 32,400 S 10,000 $158 000 $200,400 S 25 000 $ 6,300 $ 1,440 $ 660 S 1Q 000 $ 17,400 1158 000 $200,400 $143,786 $143,786 PAVING DISTRICT NO. 36: Sgurc;;e of Funda: Unreserved fund balance U1e o{Fund1: Interest on interfund loan CAPITAL EQUIPMENT REPLACEMENT FUND: Soup of Funct1: Retained earnings U11 gf Funde: Capital purchases budgeted in 2000, received in 2001 Pre-delivery expense costs RISK MANAGEMENT FUND: Soµrceo(F~ Retained earnings U1eoffund1: Purchase of replacement fire truck $ 1,500 $ 1,500 $ 80,000 $ 67,000 $ 13 OOQ $ 80,000 $455,000 $455,000 Section 2. The following 2002 supplemental appropriation of funda that was originally budgeted in 2001 but could not be expended for the Cultural Arts Center reaearch project. The City of En1lewood 2002 Budget is hereby amended aa followa: GENERAL FUND: Source of Fuode· Unreserved/Undesignated Fund Balance Uy o{Fund1· Cultural Arts Commisaion Cultural Arts Center Project · $ 28,900 $ 28,900 The following is an addition to the 2002 Budpt that waa not included in the Budget Ordinance: CAPITAL PROJECTS FUND: Source of Fund1 : Unreserved/Undesignated Fund Balance s u~.045 Use of Fund@ : Arta In Public Places $ 16,046 Sectjgp 3. The City Manager and the Director of Financial Services are hereby authorized to make the above changes to the 2001 Budget and the 2002 Budget of the City of Englewood. · ADOPTED AND APPROVED this 4111 of February 2002. ATTEST: Beverly J. Bradahaw, Mayor Loucriahia A. Elli.a, City Clerk I, Loucriahia A. Ellie, City Clerk for the City of Enclewood, Colorado, hereby certify the above is a true copy of Resolution No.~ Seriea of 2002. Loucriabia A. Ellie COUNCIL COMMUNICATION Date February 4, 2002 Initiated ly Agenda Item 11 Ci Sullfect Supplemental Appropriations required for Year-End 2001 and Supplemental Approprialionl b 2002 to comply with . Owler uirements De ent of Finance and Administrative Services Frank G Staff 5aurc:ie Director COUNCIL GOAL AND PllMOUS COUNCIL AC110N The Council approved the 2001 Budget and Appropriation on final reading November 6, 2000 and the 2002 Budget on final reading November 5, 2001 . RECOMMENDED ACTION Staff recommends Council approve the attached resolution for supplemental appropriations for the year ending 2001. These additional funds are required because all expenditures and expenses are often not known until all invoices and purchase orders are processed at or after year-end. The proposed resolution also calls for 2002 supplemental appropriations of funds ortglnally budgeted for the Cultural Arts Center research project but which could not be expended in 2001. Also Included is a supplemental appropriation for Arts In Public Places that was not included In the original 2002 Budget The sources and uses of the funds are: GENERAL FUND Source pf fygdlj Unr~ed/Undesignated Fund Balance State Library Grant Law Enforcement Grant Use of Funds; City Attorneys Office Outside Counsel and Pre Library Services ion Salaries Four additional public internet computers First time annual lease of three public copy mKhines Additional costs related to aquarium in Children's Library State Library Grant related costs Subtotal Safety Services Command Vehide DONORS FUND Source gf Funds; Forfeiture funds Useo(fygdlj Sa~ty SeMces · COfflfNnd Vehicle $32,400 $10,000 $]$1000 $200,400 .W.000 SS,300 $1,440 $660 W.000 $17,400 s1sa.ooo $200,400 $143,785 $143,785 PAVING o,m,cr NO. 35 Soyrqoffundg Unreserved fund balance U,eo(fundg Interest on interfund loan CAPITAL fQUIPMENr IEPI.ACEMENr RJND Soyrq pf Fyndg Retained earnings U,eo(hnh; Capital purchases budgeted In 2000, received in 2001 Pre-delivery ecpense costs 115" MANAGEMENr RIND Soyrq pf f1 pdg Retained eamsip Ugo(fundg Purchase of replacement fire truck (received $422,000 in 2000) $1,500 $1,500 $80,000 $67,000 WJKll2 $80,000 $455,000 $455,000 The following is a 2002 supplemental appropriation of funds that was originally budgeted in 2001 but could not be expended for the Cultural Aris Center research project The sources and uses of the funds are: CENEIAl RJND Soyrq of funds Unreserved/UndesigNted Fund Balance U,eo(funds; Cultural Arts Commission Cultural Arts Center Project $28.900 $28,900 The following is a 2002 supplemental appropriation of funds that were not included in the original 2002 budget for the one-percent contribution to Art in Public PIKes. The sources and uses of the funds are: CAPITAL PROIECTS FUND Sourqoffundg Unreserved/Undesignated fund Balmce U,eo(Funds; Arts In Public Places $15,045 $15,()45 The City of Englewood is required by City aw. to ensure that..,...._ do not -.:Nd llplv adopted appropriations. The attached resolution ~ funds lo ........ fie Clly of & ... wood complies with legal restrictions peming loal ~ FINANCIAL IMPACT These supple(,Tlental appropriations will reduce General Fund unreserved fund balance by $61,300. The reduction in General Fund unreserved fund balance was covered by colecting more in sales and use taxes than was budgeted. The Donors' Fund is being amended to reftect lhat ponion of the new Safety Services Command Van that was paid for with forfeiture funds. Paving Diltrict No. 35 Debt Service Fund unreserved fund balance will be decreased by $1,500. The reduction In fund balance is covered by Interest received from special assessments. The Capital Equipment Replacement Fund's retained earnings is reduced $80,000 by this action for vehicles budgeted for In 2000 but not received until 200t. The Risk Management Fund's retained earnings are;-reduced $455,000 for the purchase of the replacement fire truck damaged in late 1999. Funds were received in 2000 from the City's insurance carrier to cover most of the cost of the replacement truck. The Capital Projects Fund unreserved fund balance wlR be reduced $15,045. UST Of ATTACHMENTS Proposed resolution //e./ A RESOLUTION FOR SUPPLEMENTAL APPROPRIATIONS FOR THE 2001 AND 2002 BUDGETS OF THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood City Co\lllCil of the City of EqlewO!ld, Colorado, appnMNl the 2001 Budget and Appropriation Ordinance on final readinc on NDftmber 6, 2000; and WHEREAS, additional funda are required becaUN all ezpendituna and ape-are often not known until all invoicee and puii:hue orden are proceaed at or after :,ear-end; and WHEREAS, the Eqlewood City Co\lllCil of the City of Enpewood, approved the ·2002 Budget and Appropriation Ordinance on final readinc on November 6, 2001; and WHEREAS, funda £or the Cultural Arte Cent.er reaeuch project wu budgeted in 2001 but could not be expended until thia 2002 1Upplemental appropriation; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO. THAT: $ectjop 1. The City of Englewood 2001 Budget ia hereby amended u fbllowa: GENERAL FUND: SoPDil pf Fnnde: Unreaerved/Undeaipated Fund Balance State Library Grant Law Enfim:ement Grant UM of Funde· City Attorney's Office Outside Coumel and Pnaeution Sa1ariea Library Services Four additional public intermt cxaputen First time annual lew of 3 public copy macbi- Additional c:oeta related t1D aquarium in Cbildnn'1 Library State Library Grant related c:oeta Subtotal Safety Servicea -Command Vehicle DONORS FUND: Sowm g( f'teode: Forfeiture funda UN g( Fnrde : Salety S.rvicN -Command Vebicla S 32,400 S 10,000 1158 OQQ '200,400 s IIQQO s 6,300 s 1,440 s 660 s 1'1182 s 17,400 IIIBDIHI $200,400 $143,785 1143,786 AGE~DA FOR THE REGULAR MEETING OF THE ENGLEWOOD CRY COUNCIL MONDAY, FEBRUARY 4, 2002 7:30 P.M. Englewood Civic Center • Council Chambers 1000 Englewood Parkway Englewood, CO 80110 1. Call to order. 2. Invocation. 3. Pledge of Allegiance. a. Boy Scout Troop ~ will present the colors. !f/9 4. Roll Call. /()t,Yl.1/ aW 5. Minutes. ~~D ~ Minutes from the meeting of the Regular Oty Council Meeting of January 22, 2002. 6. Scheduled Visitors. (Please limit your presentation lO ten minutes.) t~u~~rs. (Please limit your presentation to five minutes.) Communications, Proclamations, and Appointments. a. A resolution appointing David Anderson to the Englewood Transportation Advisory Committee. b. A resolution appointing Jeff Baker to the Englewood Board of Adjustment and Appeals . J<,.,..., c. A resolution appointing Bill Belt to the Englewood Code Enforcement Advisory Committee. J:": ..-..:-.·--•::. •.. I ~ ~ ...... , ........ ~~ ... .~, <' ... ;,A..: t.&. ~ • • ... .,......_. .... ~ ..... ~ • -' '" Englewood City Council Agenda February 4, 2002 Page 2 0 .•. ,o w d. R..-·'' ~ j_..--~ f. f.,».13 g. ~JI, h. f.,e.,G) ~~j. ~ ...... n k. ~.'6(0 .p,,,.,, 0 . ~.,w. ~.~ ~.tr. f-,,,,· i( ~,)pt. A resolution reappointing Jennifer Bippus to the Keep Englewood Beautiful Commission . A resolution appointing Tom Burns to the Englew~ Urban Renewal Authority. A resolution reappointing Jill Carlston to the Englewood Board of Adjustment and • Appeals. A resolution appointing Joe Christie to the Englewood Transportation Advisory Committee. A resolution appointing Jonathan Crowell to the Englewood Code Enforcement Advisory Committee. A resolution appointing C. J. Cullinan to the Englewood Public Library Board. A resolution app,:.,inting Gary Dounay to the Englewood Transportation Advisory Committee. A resolution reappointing Jacqueline Edwards to the Keep Englewood Beautiful Commission. A resolution appointing Samara Ferber as an Alternate Member to the Englewood Board of Adjustment and Appeals. A resolution reappointing Samara Ferber to the Keep Englewood Beautiful Commission. ' A resolution reappointing Ronald Fish to the Keep Englewood Beautiful Commission . A resolution reappointing Austin Gomes to the Englewood Pms and Recreation Commission. A resolution appointing Betty Goosman to the Englewood Transportation Advisory Committee. · A resolution reappointing Chuck Habenicht to the Englewood Water and Sewer Board. A resolution appointing Christopher Hanson to the Keep Englewood Beautiful Commission. A resolution reappointing Selwyn Hewitt to the Malley Center Trust Fund. A resolution appointing Barbara Hodge to the Englewood Transportation Advisory Committee. • • I Englewood City Council Agenda Fehruary 4, 2002 Page 3 ~-~1 u. ~-'1> v. ~-~w. f2µf-~x . ~JAD-11 y. ~-~z. ~J,aa. ~-3~bb. ~-31 ee. ~-~ff. ~.t/t>hh . ~,.,,,.", ii. ......... A resolution reappointing Gary Kasson to the Englewood Firefighters' Pension Board. A resolution reappointing Jo Lay to the Englewood Election Commission. A resolution appointing Cinda Losee as an Alternate Member to the Englewood Transportation Advisory Committee. A resolution appointing Cinda Losee to the Keep Englewood Beautiful Commission. A resolution reappointing Bill McCahill to the Englewood Code Enforcement Advisory Committee. A resolution reappointing Steve Neyer to the Englewood Parks and Recreation Commission . A resolution appointing Kent Nicholas to the Keep Englewood Beautiful Commission. A resolution appointing Linda Olson to the Keep Englewood Beautiful Commission. A resolution reappointing James Phelps to the Englewood Police Officers Pension Board. A resolution appointing Don Roth as an Alternate Member to the Englewood Planning and Zoning Commission . A resolution appointing Dennis Schum to the Englewood Planning and Zoning Commission. A resolution reappointing Mitch Waldman to the Englewood Parks and Recreation Commission . A resolution appointing Judy Wallace as an Alternate Member to the Englewood Urban Re newal Authority. A resolution reappo inting Carl Welker to the Englewood Planning and Zoning Commission . A resolution appointing Brandon Williams to the Englewood NonEmergency Pension Board . Engl ew ood City Council Agenda Fet,ru ary 4, 2002 Page 5 9 . Public Hearing (None scheduledf' 10. Consent Agenda. a. Approval of Ordinances on First Reading. c. Approval of Ordinances on Second Reading. i. Council Bill No. 4, granting two license agreements and construction agreements with Centennial Water and Sanitation District for valve installation on the Mclellan 31" Raw Water Line. Council Bill No. 5, approving a building lease for 3629 South Fox Street, Unit 8, for use by the Professional Standards Bureau and the Evidence and Property Section of the Department of Safety Services. Resolutions and Motions. ~ Recomstion from the Community Development Department to adopt ~ pproving an agreement with artist David Griggs for completion o e r mell Crow Parking Garage Art Wall. STAFF SOURCE: Lauri i. Dannemiller, Senior Manager. 11 . Regular Agenda. a. Approval of Ordinances on First Reading. ~~\, {.p"' 1) ii. Council Bill No. 3 -Recommendation from the Community Development Department to adopt a bill for an ordinance authorizing a temporary reduction in the City's Admissions Tax. STAFF SOURCE: Jan )olaon. Busineu and Redevelopment Coordinator. Council Bill No. 6 • Recommendation from the Community Development Department to adopt a bill for an ordinance vacating a Utility Easement located in the 2700 block of South Elati Street (General Iron Works property). STAFF SOURCE: Lauri Dannemiller, Senior Maapr. ~;() ~ ~.,..l) Approval of Ordinances on Second Reading. .f1' Resolutions and Motions. b. c. Recommendation from the Department of Finance and Administrative Services to adopt a resolullon approving Supplemental Appropriations required for Year-End 2001 and Supplemental Appropriations for 2002 to comply with City Charter requirements. STAFF SOUICE: ha C.ralewb. Director of finance and AdmWabalM Semca. ~~ ... ---.,<~~J'~~ ., .... ~,...~. ~ . • ·~ ,.,~. -::-• .;~)-f"~';i. -ti'..... -• • ~ ·: ~ ... ..i.... • ,~----~;__a t • • Englewood City Council Agenda February 4, 2002 Page6 12. General Discussion. a. Mayor's Choice. b. ·-/~ti~ Council Members' Choice. "" ' 'so~ ~ .,o . IJ"~t()Jf-j . -- 13. City Manager's Report. 14. City Attorney's Report. Adjournment The following minutes were transmitted to Oty Council betw~ January 18. 31, 2002: • Englewood Planning and Zoning Commission meeting of January 8, 2002 ..... -'"" ~ I •• • • n Lj ---.... ..-..... ---~ ----. . -tdf)~~d,Jf . · .. · . -~Cn1r4 -~ ._ . -fif{!_.&r,-/fJCJ, ,:o ~.., .JIPI. . . ·. . . . ~ : . . -.. ....; -...... --~ ' . ~ . . PUBLIC COMMENT ROSTER AGENDA ITEM 7 UNSCHEDULED VISITORS FEBRUARY 4, 2002 NON-SCHEDULED VISITORS MAY SPEAK FOR A MAXIMUM OF~ MINUTES. EACH PERSON WISHING JO SPEAK SHOULD SIGN THIS PUBLIC COMMENT ROSTER, STATING NAME, ADDRESS, AND TOPIC OF COMMENT. PLEASE PRINT NAME ADDRESS TOPIC CCS1GN1 1. Call to order. 2. Invocation. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, FEBRUARY 4, 2002 7:30 P.M. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 3. Pledge of Allegiance . a. Boy Scout Troop #191 will present the colors. 4 . Roll Call. 5. Minutes. a. Minutes from the meeting of the Regular City Council Meeting of JMIUary 22, 2002. 6 . Scheduled Visitors. (Please limit your presentation to ten minutes.) 7. Unscheduled Visitors . (Please limit your presentation to five minutes.) 8 . Communications, Proclamations, and Appointments . a. A resolution appointing David Anderson to the Englewood Transportation Advisory Committee. b. A resolution appointing Jeff Baker to the Englewood Board of Adjustment and Appeals. c. A resolution appointing Bill Belt to the Englewood Code Enforcement Advisory Committee. {• ! • t . -~ ., .. • • Englewood City Council Agenda February 4, 2002 Page 2 d . A resolution reappointing Jennifer Bippus to the Keep Englewood Beautiful Commission . e. A resolution appointing Tom Burns to the Englewood Urban Renewal Authority. f. A resolution reappointing Jill Carlston to the Englewood Board of Adjustment and Appeals. g. A resolution appointing Joe Christie to the Englewood Transportation Advisory Committee. h. A resolution appointing Jonathan Crowell to the Englewood Code Enforcement Advisory Committee. i. A resolution appointing C. J. Cullinan to the Englewood Public Library Board. j. A resolution appointing Gary Dounay to the Englewood Transportation Advisory Committee. k. A resolution reappointing Jacqueline Edwards to the Keep Englewood Beautiful Commission. I. A resolution appointing Samara Ferber as an Alternate Member to the Englewood Board of Adjustment and Appeals. m. A resolution reappointing Samara Ferber to the Keep Englewood Beautiful Commission. n. A resolution reappointing Ronald Fish to the Keep Englewood Beautiful Commission. o . A resolution reappointing Austin Gomes to the Englewood Parks and Recreation Commission . p. A resolution appointing Betty Goosman to the Englewood Transportation Advisory Committee. · q. A resolution reappointing Chuck Habenicht to the Englewood Water and Sewer Board . r. A resolution appointing Christopher Hanson to the Keep Englewood Beautiful Commission . s. A resolution reappointing Selwyn Hewitt to the Malley Center Trust Fund. t. A resolution appointing Barbara Hodge to the Englewood Transportation Advisory Committee. fl Englewood City Council Agenda February 4, 2002 Page 3 u. A resolution reappointing Gary Kasson to the Englewood Firefighters' Pension Board. v. A resolution reappointing Jo Lay to the Englewood Election Commission. w . A resolution appointing Cinda Losee as an Alternate Member to the Englewood Transportation Advisory Committee. x. A resolution appointing Cinda Losee to the Keep Englewood Beautiful Commission. y. A resolution reappointing Bill Mccahill to the Englewood Code Enforcement Advisory Committee. z. A resolution reappointing Steve Neyer to the Englewood Parks and Recreation Commission. aa . A resolution appointing Kent Nicholas to the Keep Englewood Beautiful Commission. bb. A resolution appointing Linda Olson to the Keep Englewood Beautiful Commission. cc. A resolution reappointing James Phelps to the Englewood Police Officers Pension Board. dd. A resolution appointing Don Roth as an Altemat~ Member to the Englewood Planning and Zoning Commission. ee. A resolution appointing Dennis Schum to the Englewood Planning and Zoning Commission. ff. A resolution reappointing Mitch Waldman to the Englewood Parks and Recreation Commission . gg . A resolution appointing Judy Wallace as an Alternate Member to the Englewood Urban Renewal Authority. hh . A resolution reappointing Carl Welker to the Englewood Planning and Zoning Commission. ii . A resolution appointing Brandon Williams to the Englewood NonEmergenc:y Pension Board . <: • • Englewood City Council Agenda February 4, 2002 Page 4 jj. Recognition of Englewood's nominees for the Metropolitan Mayon and Commissioners Youth Awards. i. Roxanne Abell, a student at Sinclair Middle School. ii. Darren Abney, a student at Humanex Academy. iii. Diana Bueno, a student at Englewood High School. iv. Lorena Cuarenta, a student at Englewood High School. v. Jolene Cunningham, a student at Colorado's Finest Alternative High School. vi. Joslyn Davidson, a student at Colorado's Finest Alternative High School. vii. Dustin Dougherty, a student at Humanex Academy. viii . Ana Edmondson, a student at Colorado's Finest Alternative High School. ix. Tiffany Evans, a student at Colorado's Finest Alternative High School. x. Deanna Goorman, a student at Colorado's Finest Alternative High School. xi . Angela Johnson, a student at Colorado's Finest Alternative High School. xii. Natalie Lovato, a student at Colorado's Finest Alternative High School. xiii. Jahaziel Macias, a student at Englewood High School. xiv. Guillermo Maldonado, a student at Englewood High School. xv. Sara Mcleod, a student at Colorado's Finest Alternative High School. xvi. Brittany Moore, a student at Sinclair Middle School. xvii. Abdou N'dir, a student at Englewood High School. xviii. Andy Nguyen, a student at Humanex Academy. xix. Lindsey Sneed, a student at Colorado's Finest Alternative High School. xx. Chirstina Snyder, a student at Flood Middle School. xxi. Tracy Welch, a student at Colorado's Finest Alternative High School. xxii. Cecilia Woods, a student at Colorado's Finest Alternative High School. xxiii . Chalmer Cody Wren IV, a student at Humanex Academy. xxiv . Sht!ri Yoke, a student at Humanex Academy. xxv. Arta Zymeri, a student at Englewood High School . kk . Brief Reception. .I ...__.,.. .... ....., .......... -~ ,--.~ . ·i ll > _, -~ ,_ ' • • • Englewood City Council Agenda February 4, 2002 Page 5 9. Public Hearing (None scheduled) 10. Consent Agenda. a. Approval of Ordinances on First Reading. b. Approval of Ordinances on Second Reading. i. Council Bill No. 4, granting two license agreements and construction agreements with Centennial Water and Sanitation Disb'ict for valve installation on the Mclellan 31" Raw Water line. ii. Council Bill No. 5, approving a building lease for 3629 South Fox Street, Unit B, for use by the Professional Standards Bureau and the Evidence and Property Section of the Department of Safety Services. c. Resolutions and Motions. i. Recommendation from the Community Development Department to adopt a resolution approving an agreement with artist David Griggs for completion of the Trammell Crow Parking Garage Art Wall. STAFF SOURCE: Lauri Dannemiller, Senior Manager. 11. Regular Agenda. a. Approval of Ordinances on Arst Reading. i. Council Bill No. 3 • Recommendation from the Community Development Department to adopt a bill for an ordinance authorizing a temporary reduction in the City's Admissions Tax. ST AfF SOURCE: Ja Johmon, Business and Redftelopment Coonlnator. ii . Council Bill No. 6 • Recommendation from the Community Development Department to adopt a bill for an ordinance vacating a Utility Easement located in the 2700 block of South Elatl Street (General Iron Works property). STAFF SOURCE: Lauri Dameniler, Senior Maapr. b . Approval of Ordinances on Second Reading. c. Resolutions and Motions. i . ......... Recommendation from the Department of Finance and Administrative Services to adopt a resolution approving Supplemental Appropriations required for Year-End 2001 and Supplemental Appropriations for 2002 to comply with City Charter requirements. STAFF SOUICE: f,-GI,.....,. Diredor of Finwe ad ~allwe Senias. '°'t"'·~·~ . -;r.,....., . . . ;;:a:·· . •" .... #: ., ... ..-~~.. :t ~ .,. -"Ji.,,:'" .. ·,, • . . . . ~-'~--=<:.>:.,;. •. .1!1 .. t • • Englewood City Council Agenda February 4, 2002 Page 6 12 . General Discussion. a. Mayor's Choice. b. Council Members' Choice. 13. City Manager's Report 14. Oty Attorney's Report Adjournment The following minutes were transmitted to Oty Council between January 18 -31, 2002: • Englewood Planning and Zoning Commission meeling of January 8, 2002 ! '., ~~ • -• --r• ~• : - / -'~ --~ ~~~ -, -J .lie ~ -* ~ :~ ~ 0 ·• • • To Whom It may conccm: Hi! My name is Brandy Webb. I am 14 years old and a liahmaa • Enp:wood High School I was recmly nominated by one ofmy teachers• the hip ICbool to participate in the 2002 National Studms Leadmhip Confcrmc:e. I was elected and invited to Washington D.C . along with studau fiom all Offl' our nation and 40 ocher counbics. lo order to qualify you must maintain a minimum of a B IMrllF> participate in extra curricular activkies and lave demomtnad leadealhip potauJ My cholen career' field is definitely medicine aJlboup I bawn't decided exactly which field. Thaefore I ~ the medicine and health care cooiftoce that will be held i>r 11 days this IUIDIDer in Wlllhiogtoo D.C. While in Washington I will be pen the opportunity to~ in medical ethics sinw•Wiolm iocludina end of lite ilmes, ID to lelDimrs with..,_.. who are• the top of their fields. explore the 1IIOl'ld ofpblrmace1dical raearc:b, delllte cunm mcclicaJ topics u:h. genetic engioeerina .. orpo tramplaatatioo and ...... the skills of rapomible 1111d clbicaJ medical Jeadermip. TIie comeoce uo includes field ... to pJaces u:h as the naioml imlilule of Health, Walter Reed Medical cemr, _. Unibm Services University (which is the primary medical trainina facility i>r the U.S Milimy). We will allo lave an opportunity to do IOIDUigli seeing in our oatiom capital which will be tlailliog as I lawi oner been there bemre. Ater~-die codaence I will ra,ciw: a certificate on -=hie---. rerlanic trwaipt and a 1an1ror......,.,..., ... that will be invaluable to me when I mbmil collep applicatiom. Tuilioa i,r the conference: ii Sl.697. Whidl indadea ....... on....-mla,, coune lllllcriaJs, academic CJIII LWI .. activitiea. It ii uo ........ NIii illllillility i,r tnmportmon (anare) to and &om the ....-aeoce. As you cm see this is a woadcdll oppcil1UM). For• it • • CJ111 tmiw opportunily tbal I canaot afbd. n.t•, the pmpme of this Iller. You do., aaay wonderful thinp in our commuoily I'm bopq I cm coum on you i,r .,_...., or partial spomonbip With out your spomonhip I will not be able to alteDd. You can OOIUd me at BnndyWebb 3067So. Eisai Englewood, Co 80110 Or Tammy Grange (my Aum) 303-761-4998 ., ' ., .. •· • --. SIGN-UP SHEET . ' BOARD and COMMISSION APPOINTEES Date: February 4, 2002 PLEASE PRINT NAME • • BRENDA CASTLE 02/01/2002 10 :22 AM ~- To : Leigh Ann Hoffhines/City of Englewood, cc: Lou EIits/City of Englewood, Mary White/City of Englewood, Subject: 2/4/02 Agenda The agenda Item number, that appears on the upper right comer of the resolutions In the packet, was switched for four of the resolutions for Boards and Commissions -Barbara Hodge was switched with Gary Kasson, and Cinda L.ossee's two resos were switched. I renumbered them for our packet so they match with the agenda. I don't think It will be an Issue for Council, but just wanted to give you a heads up.