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HomeMy WebLinkAbout2002-02-19 (Regular) Meeting Agenda Packet- ) •' ' , .... ·:.,;.. . .. • ·• • • . . ,· ..... . • ' , . -J' . :.r. • .•.' • .. '\ •r "'•· ·. . .. .... • .• .... · .. · . .._ !·. . . .,., . . . .,., \. r •.•· .~ ... · . . . ' •., ... ; ... ,., .. ... . .... .. '.\ : . .. •.. . ,· ..• . ~ .. •• . .-:-. ~·~-:~)>..::_?~ .. ·.: \ · .. i ;:·.· .. . I\, ~.-··t~:/:y · ~-~· ... . . . ·• ·, .. Regular City Council Meeting February l~. 2002 Ordinance ~9. 10, 11. 12. 13. 14 . 15. 16. 17. 18. 19. 20 Resolution~~ 45. 46. 47. 48. 49. 50 51. 52. 53 . 54. 55. .. • \, • ' ... • ... .. .. .. . . . ' . ' . : • • ~ • . .. '. • ·"'· . ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COWRADO February 19, 2N2 I. Call to Order The regular meeting of the Englewood City Council wu called to order by Mayor Bradlbaw at 7:35 p.m 2. lavocatioa The invocation wu given by Council Member Nabbolz. 3. PledpofAIJe&laac:e The Pledge of Allqiance wu led by Mayor Bradshaw. 4. Roll Call Present: Absent: A quorum was present. Also present: . 5. Minutes Council Members Nabbolz, Moore, Orazu1ia, Wolosyn, YID'Cbick, Bradshaw Council Member Garrett City Mmmaer Sean City Altomey BnMZlmll City Clerk Ellis Cormnmity Relations Officer ~ Business and Redevelopment Coontiutor Joi.- Senior Planner Lanaoa, c:-mity Development Director Black, Parts and llecratioa Director Kabm, Capital Projects (a) COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF RBRUARY 4. 2002. Mayor Bradshaw asked if there wen: any amendments . There were none . Vole results: Ayes : Nays: Abstain: Absent : Motion carried. 6. Scheduled Villlon Council Memben Nabbolz, Wolosyn, YID'Cbick, Orazulia, Bradlbaw None Council Member Moore Council Member Garrett (a) Community Relations Officer Nancy Peta.m ~ out invitaliom ID Colmcil iavililrl them to anend the next Neighborhood Walch Mmin&, Mardi 13 . She also paued out die 2001 Nmoml -- En&lewood City Council February 19, 2002 Pace2 Night Out proclamation and awards from previous years. She noted that one is the Governor's Award from 1995 and the others arc national awards. I want to read a part of this year's letter, she said. It is addressed to me and says "on behalf oftllc National Association of Town Watch, I am pleased to inform you that Englewood has been selected as the National Award Winner for it's outstanding participation in the Is• Annual National Night Out Crime, Drug and Violence Prevention Program. This year's event was the largest ever, involving 33 million people in 9,700 communities from all 50 states, U.S. Territories and military bases worldwide . We extend our congratulations for being selected among the nation's best." The very last paragraph says, "again, we salute you and your comnnmity for a job well-done." Officer Peterson said she would like to add to that by saying that Englewood is the only city in the State of Colorado to receive an award. · Mayor Bradshaw stated that is also to Officer Peterson's credit. You do an awful lot of work, she said. Officer Peterson thanked her. Officer Peterson said she wanted Council to sec the plaques for the different years. We didn't have one for 2000, she said, because that is the year I was so sick and had all the other stuff going on, so I didn't have a submittal. It does take a lot of work. So we didn't have one for 2000 and in all boneaty I didn 't even apply for this award until 1997, when I discovered that we were really doing a great job bm:. My whole plan was to have the entire City encompassed in Neighborhood Watch the fint year I was given this assignment. which was 1995. I was very disappointed on August t• ofdiat year, when we held National Night Out and 1 didn't have the whole City celebrating. I think we only had 156 blocks and that wu up from 20 the year before. I was so disappointed and by the end of the year I wu even more disappointed because I didn't have the whole City encompassed. Well, she said, I can tell you now, bm: it is 2002 and I still don't have the whole City in there , but I am trying. National Night Out will be held, this year, on the fint Tuesday in August. I am hoping that everyone on Council will come out. I can't think of anyone on Council who · doesn't know about National Night Out or hasn't been there for it, she said. Mayor Bradshaw noted the ftrst Tuesday in August is the 6•. Council Member Grazulis asked Officer Peterson how many years she bu been doing this. Officer Peterson advised that in January 1995 she accepted the position of Community Rclationa Officer. Officer Peterson noted that in 1995 we received a Governor's Award and we didn't get anything in 1996, because I dido 'I know we were that good. But, she said, in 1997 I figured out that we were doing pretty good . So from then on we've received an award, except for 2000 when ~just wasn't able to do it and I apologize for that, she said . Mayor Bradshaw asked how many blocks are involved now .. Officer Petenon stated there are over 500. In response to Mayor Brad.haw, Officer Peterson noted that we have gone from 20 blocks to over 500 in seven years . Mayor Bradshaw stated that is pretty dam good. Officer Peterson said yes, I am proud of that and I am proud of the program and I am proud of the people in our City and the pride that they have for our community. It is fabulous . ' Council Member Grazulis suggested they put an article in the Citizen or the Herald to plug the program to try to get more blocks involved and let people know how they can get in touch with Officer Peterson. Ms . Peterson agreed we could do that. Ms . Grazuli1 noted that then we rni&ht get a lot more blocks involved and become the best in the nation. Officer Peterson said I think we are already tbm:; there is no doubt in my trund . Officer Peterson advised that , acrually, we participate in catcaory tine, which ii a populalion from 30,000 10 99 .999 . We always place way up in those rankings . We are playina widl the bia citiea, bul Ne do I aood j ob. so I am real proud of it. We &et calls from all across the COUlllry, all tbc time, WIIDling to know how to pul togethrr a program like we have . They don 't have £n&lewood so they can't do it, she said, buc they cu try. She thanked Council for their time . : • • Ea&lewood City Couadl February 19, 2002 Pqe 3 Mayor Bradshaw thanked her . Officer Peterson thanked Council from the bottom of her bean for the extension to her office . Now I don't have to go aU over the City and u..,ose on everyone's offices. Everything that I need ii II my fingertips now, she uid. My volunteers come in and we have room for them to work. Before they couldn't even function when I wu involved in a big project. I just worked on the Christmas Crusade for Children witb the new office and it wu heavenly. She again thanked Co1D1Cil for approving her office exlenlion. I really appreciate it, she said. 7. UMdlelhded Vlalton There were no unscheduled visitors. 8. Commllllkadoal, Procla-tiam ud Appom._tl There were no conununications, proclamations or appointments . 9. Publk Hearin& No public hearing was scheduled before Council. 10. CouentApada (a) Approval of Ordinances on First Readina There were no additional items submitted r« approval on tint reading. (See Apoda llem 11 -Rcplar Agenda.) COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS It {It) (I) AND It (e) (I). (b) Approval of Ordi!Jaue;es on Second Reading (i) ORDINANCE NO . 8, SERIES OF 2002 (COUNCIL BILL NO. 6, INTRODUCED BY COUNCIL MEMBER WOLOSYN) AN ORDINANCE VACATING A UTILITY EASEMENT LOCATED IN THE 2700 BLOCK OF ELA Tl BETWEEN WEST YALE AND WEST AMHERST BY THE CITY OF ENGLEWOOD, COLORADO. ( c) Resolutions and Motions (i) RESOLUTION NO . 43, SERIES OF 2002 A RESOLUTION AUTHORIZING APPLICATIONS FOR THE 2003-2008 TRANSPORTATION IMPROVEMENT PROGRAM . Mayor Bradshaw asked iftberc was any diSCU11ion. There was-· Vote results: Ayes : Nays : Absent: COUDcil Mea,en Nabbolz, Moore, Wololyn, Yun:bick, Gruu1i1. Bradlbaw Noac COWltil Member Garrett Eapewood City Coaadl February 19, 2002 Pa1e4 Motion carried. I I . Reaular J.&eada COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE REGULAR AGENDA ITEMS 11 (a) (I), (U) AND (c) (I), (U) aad (W). Mayor Bradshaw asked if there was any dilcussion or if anyone wanted to pull an item. Council Member Wolosyn said I guess we are making the entire Regular Agenda a Coment Agenda. City Attorney Brotzman said that is what the motion would do. Mayor Bradshaw asked if that was wrong. City Attorney Brotzman advised that Council doesn't have to bear a presemation on the itema if Ibey don't want to. Mayor Bradshaw said that is up to Council. Council Member Grazulis said she would kind oflikc to bear a praemation on Agenda Item 11 (a) (ii). Council Member Wolosyn said she thougbl it would be good to bear a pmenlatioa on aome oftbe items. COUNCIL MEMBER NABHOLZ WITHDREW HEil MOTION AND COUNCIL MEMBER GRAZULIS WITHDREW HER SECOND. (a) Approval of Ordinances on First Reading (i) City Attorney Bl'OCZIIIIII prwnred a recoinmeMation from the Depar1ment of Finance and Administrative Services to adopt a bill for an ClldiDaace approving an Jateraovemmelllll Agm:mmt with the Arapahoe County Clerk and Recorder concerning the collection, dispersion and vendor retention of sales tax. This is simply the collection of OW' sales tax tbat the County does for us, be said. We have been doing this for years and we have never bad a written agn,ement. The County bas requested a written agreement It is very standard, be said, it is putting inlo writlell form wbat we have, in pnc:tice, done for years and years. COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (I) -COUNCIL BILL NO. 7. COUNCIL BILL NO . 7, INTRODUCED BY COUNCIL MEMBER GRAZULIS A BILL FOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE ARAPAHOE COUNTY CLERK AND RECORDER AND THE CITY OF ENGLEWOOD CONCERNING THE COLLECTION, DISPERSEMENT AND VENDOR RETENTION OF SALES TAX . Mayor Bradshaw asked if there was any discussion. There was DODC. Vote results: Ayes : Nays : Absent : Motion carried . COUDCil Membcn Nabholz, Moore, Wolosyn, Yun:bick. Grazulis, Bradshaw Nooe COUDCil Member Garrett Eqlewood City Council February 19, 2002 Paces (ii) Business and Redevelopment Coordinator Jobmon presented a recommendation from the Conurwnity Development Department to adopt a bill for an ordinance authorizing a teq,orary reduction in the City's Admissions Tax . She advised that she wu appearing here tonight u a staff representative for the Alliance for Commerce in Englewood, also known as ACE . ACE ii recommending adoption of an ordinance authorizing a ~ reduction in the Admiasions Tax . Ms . Jobmon noted that this was initially discussed with City Council at the December 3,. Study Session, and at subsequent Study Sessions, to allow for a compromise and a COUlller proposal. It bu been the unanimous decision of ACE to pursue the proposal before Council tonight. They voted on January 1 o* and then reaffirmed that vote on February 14*. Buically, she said, ACE is an advisory group appointed by City Council to rq,racnt busincas issues. II is a very divene group of people with aevcn members and three liaiSOD positions. She explained that the proposal is a reduction from the current 3% Admiasions Tu to a 0% Admiuions Tu for a two year period and, after two yara, there would be a review for elimination or reillltalemenl She pointed out that an evaluation of cost and benefits for both the City and busineasea abould be considered at that time . This is a co~romise that wu reached by the CD staff, the Finance Director and the City Attorney, she said, and Ibis offen an opporlUDity to test run the tax reduction without outright elimination or crossing over any TABOR issues . Basically, ACE bu approached Ibis u pan of an ovenll strategy to undentand the current business climate, including barrien to both 111CW and existing bulinesses and opportunities for retention and expansion, as well u at1nclion ofbusincu. The Admiuions Tax bu come under study for its ~I on current reaioml draw businesses and u a negative ~ for retention efforts. But, also u a disincentive in efforts to attract new businesses. Redevelopment opporlUDitiea in the City, both private and public encourage those businesses currently lacking in the coomunity. Venues that provide entertainment, arts and cultural events, movie !beaten, coocms, sporting evenll and otben are encouraged and, she noted, u shown by our market analysis, Ibis is an area that the City of Englewood is lacking . ACE strongly supports a divenifted business mix, including the addition ofbuaineua that charge admission for entertainment and other public evellll. In addition, a more divenified buainesa mix may create opportunities for a diversified revenue 11ream for the City of Enpewood. Baically, abc said, ACE is urging Cowie ii' s support of the proposal and the draft ordinance is before Council for lint reading tonight. If there are any questions, abc said, I would be happy to anawcr them at Ibis time. Mayor Bradshaw asked if Council bad any questioir; for Ms . Jobmon. Mayor Bradshaw uked if this will automatically go back into effect after year three. City Attorney Brotzman said after year two it will go back into effect. It a-back into effect and the ordinance actually requires that it come back to Council to look at it to sec if you lhould COllliDue it or elimimle it. It does both, but it does come back into effect automatically . Ms . Johnson stated that, according to the draft ordinance, there is a review at the end of the two-yar period. She asked if that wu correct. City Attorney Brotzman said yes . COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (II) -COUNCIL BILL NO. J. COUNCIL BILL NO . 3, INTRODUCED BY COUNOL MEMBER GRAZUUS A BILL FOR AN ORDrNANCE AUTHORIZrNG THE TEMPORARY ADMISSIONS TAX REDUCTION FOR A TWO-YEAR PERIOD. Vote raults: Motion carried. Ayes : Nays : Absent : Council Menmers Moore, Woloayn, YUKbick, Gnzu1ia, Bndlbaw Council Member Nabbolz Council Member Gamtt . . Enpwood City Couadl February 19, 2002 Paae6 Council Member Nabholz said she wanted to explain her position. I feel this is a tax upon a tax, even though it comrs back to Council in two years to be reviewed, she said. I bave several coaatituents, several businesses, that want it eliminated and that is why I voted no. I clDIIOC endone anolber tax upon a tax. She pointed out that we already have two businesses in Englewood that already pay a substantial amount in concessions tax and that is, I feel, e!IOUgh. Council Member Wolosyn said then what you want is for it to be eliminated, not postponed. Ms . Nabholz said that is right. (b) Approval of Ordinances on Second Reading There were no additional items submitted for approval on second reading. (See Agenda Item 10-Consent Agenda .) (c) Resolutions and Motions (i) Senior Planner Langon presented a recommendation from the Community Development Department to adopt a resolution approving the Final Plat of the Stanford Center Subdivision, which proposes to subdivide an unplatted industrial parcel into two locs. She noted that the siaff report and Findings of Fact were, inadvertently, left out of the packet. Mayor Bradabaw adviaed that Council bas received them. Ms. Langon advised that this resolution would approve the Final Plat for the subdivision of land at 4550 South Windermere Street, ID be known u the Stanford Center Subdivision. The applicant is property owner Toil Manage~nt represented by Don Drenmn and C. J. Winkler, ahe said, and Comn_!mity Development recommends that City Council approve the Final Plat of the Slanford Center Subdivision. She explained that a subdivision is the splitting of a parcel of land into two or more locs. The procedure, u set forth in the Municipal Code, under Title 10, is that a major subcliviaioa proceu is required when, either •lhe land is unplatted, mraning that it bas not previously been platted into lots and blocks, or if it is conunercial or industrial property that is greater than ~ acre in area. She pointed out that, in this particular case, both of those instances apply. The process is that the applicant makes an application and the City performs a review of the application. The preliminary plat and the final plat are considered by the Planning and Zoning Conunission at a public bearing . That recommendation is then forwarded to Council for Council action . She stated that the site is approximately 2.34 acres in an 1-1 Light Industrial Zone District on the southeast comer of South Windermere Street and West Stanford Avenue . It currently contains a 27,000 square foot office building and the offices and printing operations for Dataworks , a publishing company. They have their associated parking and also a small fenced area that is currently leued u a contractor 's yard for vehicle storage. Adjacent uses to the property are office and industrial uses. Ms . Langon noted that there is one nonconforming residential use adjacent to the east lot line of Lot 2 . That residential use is subject to all I-I regulations . The intent is to create two lots from the original single parcel. The larger lot, which is Lot 2 on your plat, is I . 73 acres and that contains the existing building and parking lot. The smaller lot is approximately .61 acres . The intent of the applicant is to split the property for financial purposes so that future development on Lot 2, the smaller lot, does DOI financially encumber the existing building and land that is associated with Lot I . Mayor Bradshaw noted that she said that Lot 2 wu the unallcr lot. Ms. Lanaoa staled tbaa Lot 2 ii the larger lot. Ms. Langon advised that under the City review the applicul IUbmiaed all the requiml doc:umeala and all issues have been resolved . This went through the Developmeal Review Team, which is made up of the • seven depanmcnts that review pmnits and all development applica.._. I will say 1h11 tbae BR 1111 minimum lot area or street frontage rcquittments iii the 1-1 District, ahe uid. u tbae are in ocbcr dillricts. The subd1vts1on is consistent with the Con-.,rehensivc Plan. u the plan does iclealify Ibis um u • mdustnal use . All necessary infrutructutt, sbffts and Ulllities, are already in place. No dedicalion of t • • En&lewood City CouncU February 19, 2002 Paae7 public right-of-way or other public purpose is required. I will also point out, she said, that there are easements that have been placed on the property. Lot 2, the larger lot, with the existing building, is · currently served by water and sewer that runs from West Stanford Avenue. These lines will cross Lot I with the 1Ubdivision and they have been placed in private euements. The reason that bu been done u a private easement, is that when Lot I is developed those lines will actually serve the new building and Lot 2, the existing building, will receive their water and sewer connections from South Windermere Street. The mason, again, that they are placed in private eucments, is that there would be 1111 purpoac served for a public easement once this occurs and the City Attorney's office suggested the private easement u a siq,lification for the property owner. She pointed out that it is a nuch siq,ler process to quit claim the easements back. rather than bring it forward through Council again. The Pluming and Zoaing Commission conducted a Public Hearing on Jamwy s•, md all adjacco1 property owners, u required by the Title 10, Land Subdivision ordinance were notified via certified mail and we did receive confirmation from the Post Office that all of thole letters were delivered. Also, u put of our outteacb program we posted notices on the four official bulletin boards here in City Hall and there was a notice on Cbannel g and a copy of the Planning and Zoning Commission packet was placed at the Reference Desk in the Library. The Planning and l.oning Commission reviewed the preliminary plat and directed the applicant to prepare the Final Plat for presentation to City Council and the Planning and Zoaing Commiaion does rCCOlllllllind approval. That's where we are this evenillg, she uid, and for juat a quick review, their request is to divide a single industrial parcel into two lots, the subdivision request is conaistmt with the Complebensive Plan, it meets all development requirements, all deputment issues have been reaolved and the Planning and Zoning Conunission recommends approval, therefore the Conmunity Development Department allo recommends approval of the Final Plat of the Stanford Cenrer Subdivision. Mayor Bradshaw asked if there were any other qucstioas. There were DODe. Mayor Bradshaw thanked Ms. Langon and DOied that her presellllllion wu excellenL ' COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (e) (I) -RESOLUTION NO. 44. RESOLUTION NO. 44, SERIES OF 2002 A RESOLUTION APPROVING THE SUBDIVISION OF PROPERTY LOCATED AT 4SSO sotml WINDERMERE STREET FOR THE STANFORD CENTER SUBDIVISION. Vote results: Motion carried. Ayes: Council Mcmben Nabholz, Moore, Wolosyn. Yun:bick, Gnzulis, Bradshaw Nays: None Absent: Council Member Garrett (ii) Director Black noted that Da,·e Lee, Manager of Open Space. wu unavailable tonight as his father passed away this weekend and he had to fly back to Pennsylvania this momin&· Director Black presented a recommendation from the Depenmcnt of Parks and Recteatioa IO appcove, by motion. the purchase of a new show wagon, an Encore Show Mobile, from Wenpr CcxponliaD iD die amount ofS86 54 9 .00. He stated the funds are budgeted in the COlllelValion Trust Fad, wllicb ii die City"s lottery fund. The City gets an annual allocation each year. Our CID'relll show wap, lie poillled-. is not only our c urrent show wagon, bul it is our fint show wqon. It wu pun:buecl lllnDII 30 ,_.. aao a nd it has really served us well, bul pans are no loager available . Our Sen~ baa clme a..-joll of just keeping that vehicle afloat for the City's special events. In fact, hr DOied. last yar we limited die UR of the show wagon. because of all the service calls and repairs . So we tbinlt Ibis is a aood purdme, be said . and we would reconvnend that Council approve it by molion. • • _,,.,_ Eftllewood City Counell February 19, 2002 PaaeB Mayor Bradshaw asked if there~ any questions . COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE THE P'TRCHASI OF A NEW SHOW WAGON, AN ENCORE SHOW MOBll.E, FROM WINGER CORPORATION IN THE AMOUNT OF $16,649.00. Motion earned. Ayes : Council Mermen Nabholz, Moore, Wolosyn, Yurchick, Grazulis, Bradshaw Nays : None Absent: Council Member Garrett Director Black !hanked Council. Mayor Bradshaw noted it was long overdue. (iii) Director Kahm presented a recommendation from the Depanment of Public Works to approve, by motion, design contracts with Barker Rinker Seacat Architects for architectural services related to improvements of the Malley Senior Recreation Center and the Englewood Recreation Center and authorizing the Capital Projects Director to negotiate and sip the contracts for an IDIOUIII not to exceed S397, I S0 .00. He noted that the brief history on this project is, of coune, that this put November the voters authorized S 12.8 million in bonds for three recreation projects: the expansion of the Recreation Center, the Malley Center and for an aquatics park to be constructed at BcUcvicw Park. At this time, be explained, wc arc only bringing forward the contracts for the Malley Ccntcr and the Recreation Center. We sec a very similar nature in these projects, so it is a practical mat1er for ua to admiDilfer dlOle at the same time . Mr. Kabm advised that the aquatics park will take very apecialmd an::hiteclure and we will bring it forward to Council, probably, within the next 90 days. Mayor Bradshaw noted that is fast. Director Kahm advised that we advertised in the Daily Journal and 42 architectural firms rapoodcd to our ad. We have received qualifications from 14 firms . We had a selection committee that coasilted of a number of folks from the City administtation and wc elected to interview fOW' an:hitectural firms that appeared to be the best qua lifted. Those interviews were held November 4*, be uid, and, quite boaesdy, we got down to rwo that were very similar. Mr . Kahm explained that on profaaioaal services we tty to just value the product we arc going to get and not the price. So the fee propou1s are always in a separate, sealed envelope. We actually got down to where we opened the fee proposals. because the two firms were very s imilar. Barker Rinker Seacat Architects, who was the original architect on bod! the Malley Center and the Recreation Center, was , in fact , one of the two we were focusing on. Their fee was about $100,000.00 less than the other ftrm. So, be said, we believe it is in the City's best interest to go forward with Barker Rinker Seacat Architects at this time . Ma yor Bradshaw asked if Counc il had any questions for Director Kahm. Council Member Wolosyn asked if we can expect the desip to be similar to what we saw in the bond campaign. Director Kahm advised that the desip will be very similar u Buter llinkcr Seacat An:bilects helped us put the bond packaf:c together. So, be uid, it will be very similar. There may be -llipl changes, but for the most pan it should follow those lines . He poimd our that the cOllllrUctiao ~ is off a little bit right now , so folks arc believin& we can gel a really aood product for the__. of-y we ha ve . We arc on a sc hedule that would allow us to hive COllllrUction drawinp on bod! of thole projects by mid-s ummer, he said, which would allow us to gel bids and gel conslnll.1ioa sianed by this fall, witb an opening o f lat e, ne xt spnng . • t • • En1lewood City Council February 19, 2002 Pa1e9 Council t.-ember Grazulis said she bad a question for Mr. Kahm. Regarding the 594, 8S0 .00, that was less than you had originally allowed for, does that mean less money for the bond that is collected or does that go somewhere else? Director Kahrn said no, the bond sale will be tbe same. I am expecting, he said, that by the time we are done with the aquatics center we will need all the money tbe bonds will generate. We are very cognizant that that could, in fact, be the big-ticket item as we go forward . So, he stated, we are going to watch all of these budgets very closely. Council Member Grazulis said very good . Mayor Bradshaw asked if there were any other questions . lbcrc were none . COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE DESIGN CONTRACTS WITH BARKER RINKER SEACAT ARCHITECTS FOR ARCHITECTURAL SERVICES RELATED TO IMPROVDDNTS OF TIO MALLEY SENIOR RECREATION CENTER AND THE ENGLEWOOD RECREATION CENTER AND AUTHORIZING THE CAPITAL PROJECTS DIRECTOR TO NEGOTIATE AND SIGN THE CONTRACTS FOR AN AMOUNT NOT TO EXCEED $397,151.80. Mayor Bradshaw asked if there was any dilcuuion. lbcrc was DOiie. Vote raults: Ayes: Nays : Absent : Motion carried. Council Members Nabholz, Moore, Wolosyn, Yurchick, Grazulis, Bradlbaw None Council Member Garrett 12 . Geaeral DIKDllion (a) Mayor's Choice Mayor Bradshaw did not have any maners to bring before Council . (b) Council Member's Choice (i) Council Member Grazulis said she just wanted to let people know that this week the rate for light rail will be going up. Mayor Bradshaw noted it will be going up quitlC a bit. Council Me•r Grazulis agreed . She pointed out that there will be no off'-peak hour rate . I believe the rate increa se beg ins this week, she said. She was advised that it will be next week, March 3~. (ii ) Council Member Yurchick noted there is a conference comina to town in May on o~n space . It will be held Mays• through the.,., Since I -oa die Plane River Open Spece Committee, he said. I "ould like to attend that. COUNCIL l\lEMB[R WOLOSYN MOVED, AND IT WAS SECONND, TO FUND COUNCIL l\lDIU:R YURCHICK'S AffENDANCI AT THE GRUN SPACI DISIGN CONRUNCI IN TH[ AMOUNT OF Sl"-N. \'et~ rnlllts: A)fl. Council l'.kmbm Nabliotz. ~. Woloayn. Oramlia. Bndlllaw 'ays . one • • Eopewood City Council February 19, 2002 Pace 10 Abstain : Ablent: Motion carried. Council Member Yurcbick COWJCil Member Garrett • •••• City Manager Sean bad a copy of the brochure he bad received oa the Green Space Design Coafcmx:e. Mayor Bradshaw commented that she would also like to go, but she didn't have the figures. I will get that to Council later, she said. · COWICil Member Yurcbick advised that the cost is S39S.OO. Mayor Bradshaw uked if that would be okay with Council. COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO nJND MAYOR BRADSIIA W'S ATTENDANCE AT THE GREEN SPACE DISIGN CONFERENCE IN THE AMOUNT OF $J95.II. Ayes: Nays : Abstain: Absent: Motion carried. 13 . Ctty Mauaer'• Rlpert Council Members Nabbolz, Moore, Wolosyn, Yun:bick, Gnzulis None Mayor Bradshaw Council Member Garrett City Manaaer Sean did DOI have any aal1len ID briDa hem Council. 14. CltyAttoney'1~ City Attorney BrolZlllln did not have any matters to bring bem COWICil . ••••• Mayor Bradshaw announced an Executive Session next Monday al S:IS p.m. City Attorney Brotzman advised that the Executive Session concerns real eatatr. Mayor Bradshaw stated it is duly noted. 15 . Adjourameol DSHAW MOVED TO ADJOURN. The meeting adjourned at 8: 10 p.m. '• 1. 2. 3. AGENDA FOR THE REGULAR MEmNG OF THE ENGLEWOOD CITY COUNCIL TUESDAY, FEBRUARY 19, 2002 7:30 P.M. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 Call to order. '7; ,U-~ Invocation./)~ Pledge of Allegiance. ~ 5. Minutes. Clpt'-s--ofr ~~;,;:"'°'.,..,..,.,c..,Coundl-."''""""".,~ 6. Scheduled Visitors. (Pleas~it your presentation to ten minutes.) · a. Community Relations Officer Nancy Peterson will be present to address City Council regarding a National Night Out Award. 7. Unscheduled Visitors . (Please limit your presentation to five minutes.) ft 8. Communications, Proclamations, and Appointments. ff 9. Public Hearing (None scheduled) ~ .......... ,.. (36 Englewood Cily Council Agenda February 19, 2002 Page 2 11,h/;J ~10 · Wow~etu /kO r)!z-f) 77) -A-P/JRJ(/F-~~T ~M IT.US. · { r .,. O a. Appro~Ordinances on First Reading. /{) t,, / ~Io t!. / b. Approval of Ordinances on Second Reading. ~fi. Council Bill No. 6, vacating a Utility Easement located in the 2700 block of South Elati Street (General Iron Works property). c. Resolutions and Motions. Recommendation from the Public Works Department to adopt a resolution authorizing the application for 2003-2008 Denver Regional Council of Governments' Transportation Improvement Program projects. STAFF SOURCE: Ken Ross, Director of Public Works. 11 . Regular Agenda. a. Approval of Ordinances on First Reading. i. Council Bill No. 7 · Recommendation from the Department of Finance and Administrative Services to adopt a bill for an ordinance approving an Intergovernmental Agreement with Arapahoe County Oerk and Recorder concerning the collection, dispersion, and vendor retention of sales tax. STAFF SOURCE: n.AJf-I ii. Council Bill No. 3 • Recommendation from the Community Development 6" ,-/ Department to adopt a bill for an ordinance authorizing a temporary reduction -..l•IJ t'J•i L. \ in the City's Admissions Tax. ST~~.,~ Jan fohneon, lulineu and AJ/r,. A-e "O{J _,} Redevelopment Coordinator. "iJ . .,,_ Q"'7 b. Appro"Mf Ordinances on Second Reading. c . Reso~ns and Motions. ii. tlptdfr-0 Recommendation from the Community Development Department to adopt a resolution approving the Final Plat of the Stanford Center Subdivision, which proposes to subdivide an unplatted industri:~~~ ln!~ two lots. STAFF SOURCE: Tricia ungon, Senior Planner. ~,,__ Recommendation from the Department of Parks and Recreation to approve, by motion, the purchase of a ne w Show Wagon. Staff recommends purchasing an Encore Show Mobile from the only technlcaly acceptable bidder, Wenaer Corporation, in the amount of $86,649. STAFF SOUICE: ~ of Parks and Rec:ftation and Dave lee, Manapr of Open ........ "-ii.:., • ...., ~ ...... ~······ . ~ -, .... ¥ • • -~ . ·-..., 1, -~ ~ w· • • lnglewood City Council Agenda February 19, 2002 Page 3 iii. ff#t,-o Recommendation from the Department of Public Worb to approve, bv...!!!S!llsm. design contracts with Barker Rinker Seacat Architects for architectural services related to Improvements of the Maley Senior Recreation Center and the Enslewood Recreation Center and authorizing the Capital Projects Director to negotiate and sign the contracts for an amount not to exceed $397, 1 SO. STAFF SOUia: Rick Kahm, Capital Profec:11 Dlrectar. ~ · 12. General Discussion . a. Mayor's Choice. b. Council Members' Choice. ' .. APP'0~1 ; tAB8"fAIN : YURCHICI<) 13. City Manager's Report. APP'0~1 14. City Attorney's Report tAB8"fAIN: BRADSHAW) ! Adjournment o--/0 ~ W01.08YN MOVED FOR COUNCIL TO FUND COUNCIL MEMBER YURCHICK'S ATT'ENDNCE AT THE OREEN SPACE DESIGN C0NF£RENCE IN THE AMOUNT OF 1385.00. GRAZUL18 MOVED FOR COUNCIL TO FUND MAYOR IIRAD8HAW'S ATTBCWICE AT THE OMEN SPACE DE8ION C0NF£RENCE IN THE MON1' OF 1385.00. The following minutes were transmitted to City Council between February 1 • 14, 2002: • Enstewood Cultural Arts Commission meetinp of December 5, 2001 and January 2, 2002 Enslewood Housing Authority meetings of October 3, November 7, and December 5, 2001 • Enslewood Liquor Licensing Authority meetings of January 9 and 16, 2002 • Enslewood Parks and Recreation Commission meeting of January 10, 2002 Englewood Planning and Zoning Commission meeting of January 23, 2002 ·, ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Replu Sealoa February 4, 2002 1. CID to Order The regular meetiD& of the Englewood City COUDCil wu called ID order by Mayor Bradshaw at 7:30 p.m. 2. The invocation was 9iven by Council Member Nabbolz. 3. Pleqe of Allepance The Pledge of Allepnce was led by Boy Scout Troop #199. 4. RollCID Absent: A quorum was present. Also pl!ICllt: 5. MIDutes Council Members Nabbolz, Grazulis, Garrett, Wolosyn Y W'Cbick, Bradshaw Council Member Moore City Mauger Sean City Attorney Brotzman Assistant City Manap Flabert>y Deputy City Clerk Catie Deputy City Clerk White Senior Analyst Dannemiller, Coamamity Development Director Gryglcwicz, Finance 111d Administrative Scrvica (a) MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JANUARY 22, 2112. Ayes: Council Members Nabbolz, Garrett, Wolosyn. Yun:hick. Nays: Absent : The motion carried. 6. Scbeduled VWton There were no scheduled visitors. 7. UDKbeduled Vlliton Grazulis, Bradshaw None Council Member Moore "(a) Brandy Webb, S320 Soulh Elati Street, told Caunc:il sbc Y>U a lrabmln at Eapwood High School. I was recently nominated, she said, by one ofmy lelc:bers at the hip Kbool 1111 participate in Englewood City Council February 4, 2002 Page 2 the 2002 National Student 's Leadership Conference . I wu selffled and invited to Washington D.C. along with students from all over our nation and Cony other countries. In order to qualify, you must maintain a minimum of a B average, participate in extra curricular activities and have demonstrated leadership potential. My chosen career field is definitely medicine, altbougb I have not decided euctly which field . Therefore, I selected the medicine and health care conference that will be held for eleven days this sumner in Washington D.C. While in Washington, I will be given the opportunity to participate in medical ethics simulations, includina end of life issues, go to seminars with speakers who are at the top of their fields, explore the world of pbarmaccubcal research, debate current medical topics such as genetic _cnginccring and organ ll'IIISplantation and muter the skills of responsible and ethical medical leadership. 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 priDary medical training facility for the U.S. military . We will also have an opportunity to do some siplleein& in our nation's capital, which will be thrilling, u I have never been there before. After complctin& the conference, I will receive I certificate of achievement, an academic transcript and a letter of recommendation that will be invaluable to me when I submit collcgc applications . Tuition for the conference is S 1,697 .00, which includes housing, on-campus meals, course materials, academic expenses and activities . The student is also responsible for airfare to and from the conference . As you can sec, this is a wonderful opportunity . For me, it is an expcnaive opportunity that I cannot afford . lbat is the purpose of this letter . You do so many wonderful things in our comnaanity, and I am hoping I can count on you for sponsorship or partial sponsorship . I have given the same letter to many other companies 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. Commllllie1do111, Proclamadom 1Dd Appola«-11 COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEMS 8 (1) THROUGH 8 (II) -RESOLUTIONS NO, 7 THROUGH 41, SERIES 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) RESOL UT ION NO . 9, SERIES OF 2002 A RE SOL UT IO N APPO INTING BILL BELT TO THE CODE ENFORCEMENT ADVISORY COMM ITT EE FOR TH E CITY OF ENGLEWOOD , COLORADO . (d) RESOL UTION NO. 10, SERIES OF 2002 A RESOL UT ION REAPPOINTING JENNIFER BIPPUS TO KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD. COLORADO . (e) RESOLUTION NO . 11 , SERIES OF 2002 A RE SOL UT ION APPOINTING THOMAS J. BURNS TO THE URBAN RENEW AL AtrrHORITY FOR TH E CITY OF ENGLEWOOD . COLORADO . ' .. • • Enalewood City Council February 4, 2002 Page 3 (f) 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 COMMITTEE 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 THE CITY OF ENGLEWOOD, COLORADO. (i) RESOLUTION NO. IS, SERIES OF 2002 A RESOLUTION APPOINTING C.J. CULLINAN TO THE PUBLIC LIBRARY BOARD FOil THE CITY OF ENGLEWOOD, COLORADO . (j) RESOLUTION NO. 16, SERIES OF 2002 A RESOLUTION APPOINTING GARY OOUNA Y TO THE TRANSPORTATION ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO . (k) RESOLUTION NO . 17, SERIES OF 2002 A RESOLUTION REAPPOINTING JACQUELINE EDWARDS TO KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO . (I) RESOLUTION NO . 18, SERIES OF 2002 A RESOLUTION APPOINTING SAMARA FERBER AS AN AL TEllNATE MEMBER TO THE 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 THE CITY OF ENGLEWOOD , COLORADO . (n) RESOLUTION NO. 20, SERIES OF 2002 A RESOLUTION REAPPOINTING RONALD FISH TO KEEP 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 RECREATIO N COMMISSION FOR THE CITY OF ENGLEWOOD , COLORADO . (p) RESOLUTION NO . 22 , SERIES OF 2002 • • Englewood City Council February 4, 2002 Page4 A RESOLUTION APPOINTING BETTY 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 TiiE MALLEY CENTER. TRUST FU:'./D 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 AD VISORY 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. • t Enalcwood City Council February 4, 2002 Page 5 (u) RESOLUTION NO. 33, SERIES OF 2002 A RESOLUTION APPOINTING KENT NICHOLAS TO TilE KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR TilE CITY OF ENGLEWOOD, COLORADO. (bb) RESOLUTION NO . 34, SERIES OF 2002 A RESOLUTION APPOINTING LINDA OLSON TO THE KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR TlfE CITY OF ENGLEWOOD, COLORADO. (cc) RESOLUTION NO . 35, SERIES OF 2002 A RESOLUTION REAPPOINTING JAMES PHELPS TO TilE POLICE omCERS' PENSION BOARD FOR TilE CITY OF ENGLEWOOD, COLORADO . (dd) RESOLUTION NO . 36, SERIES OF 2002 A RESOLUTION APPOINTING DON ROTH AS AN AL TERNA TE MEMBER TO TilE PLANNING AND ZONING COMMISSION FOR 1lfE CITY OF ENGLEWOOD, COLORADO. (cc) RESOLUTION NO . 37, SERIES OF 2002 A RESOLUTION APPOINTING DENNIS SCHUM TO TilE PLANNING AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. (ft) RESOLUTION NO. 3&, SERIES OF 2002 A RESOLUTION REAPPOINTING MITCH WALDMAN TO THE PARKS AND RECREATION COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. (gg) RESOLUTION NO. 39, SERIES OF 2002 A RESOLUTION APPOINTING JUDY WALLACE AS AN AL TERNA TE MEMBER TO TilE URBAN RENEW AL AUTHORITY FOR THE CITY OF ENGLEWOOD . ihh) RESOLUTION NO . 40, SERIES OF 2002 A RESOLUTION REAPPOINTING CARL WELKER TO TilE PLANNING AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD , COLORADO. (ii ) RESOLUTIO N NO. 41 , SERIES OF 2002 A RESOLUTION APPOINTING BRANDON WILLIAMS TO TilE NONEMERGENCY EMPLOYEES RETIREMENT BOARD FOR THE CITY OF ENGLEWOOD, COLORADO. Voce resulb: Ayes: Nays : Absent: The motion earned. Couacil MCIIINI Nabbolz, 01net1, Wololya, Yllldlick, Oruu1is, Bnddiaw None Council Member Moore Englewood City Council February 4, 2002 Page 6 ·• • • 0 0 Mayor Bradshaw advised that we have dcpaned 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. If you will be patient, we will be appointing people to boards and cornnussions and it should go relatively quickly, and then we will get to the Metropolitan Mayors and Commissioners Youth Awards. Several appointees were present. Mayor Bradshaw presented a City of Englewood pin and a ccnificatc to those in attendance : Bill Belt, Englewood Code Enforcement Advisory Committee Brandon A. Williams, Englewood Nonemergency Pension Board Gary Kasson, Englewood Fire fighters' Pension Board Selwyn Hewitt, Malley Center Trust Fund Austin Gomes, Englewood Parks and Recreation Cormnission Tom Burns, Englewood Urban Renewal Authority Jeff Baker, Englewood Board of Adjustment and Appeals Gary Douoay, Englewood Transportation Advisory Committee David Anderson, Englewood Transportation Advisory Committee Joe Christie, Englewood Transportation Advisory Committee Kent J. Nicholas, Keep Englewood Beautiful Conmission Dennis M. Schum, Englewood Planning and Zoning Commission Betty Goosman, Englewood Transportation Advisory Committee Cinda Losee, Keep Englewood Beautiful Conunission, and an alternate member of the Englewood Transportation Advisory Committee Barbara Hodge, Englewood Transportation Advisory Committee Linda Olson, Keep Englewood Beautiful Conmission Mayor Bradshaw asked for a round of applause for the appointees. Mayor Bradshaw expl;iined that the boards and commissions act in an advisory capacity to Council. She advised that there are youth positions, and invited those who were being honored this evenin&, if they are interested in serving their community, to watch for notices in the Englewood Herald. (jj) Council recognized Englewood 's nominees for the Mettopolitaa Mayon and Commissioners Youth Awards . Mayor Bradshaw welcomed the nominees and their families. Toniaht is a very special night for the City of Englewood, she said. We are pleased to be honoring twenty-five young people who have been nominated for the 2002 Metropolitan Mayors and Commiuionm Youdl Awards . This program recol)Uzes young people who have overcome difficult situations in their lives and have risen 10 the challenges of adversity. 1 have the pleasure of serving on the Board of Managers for lbc Metropolitan Mayors and Commissioners Youdi Awards, and the youna people we honor tbrouah 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 widl alcohol and drua abuse. parenthood, difficulties in school, gang affiliations, disabilities, family difficulties, lbc challenae of assimilating new cultures and languages, deaths of close friends and family membcn, custody battles, and more . W c arc honoring these nominees not because of the hardships they have faced, but because Ibey have persevered and have taken control of their lives, turning their adversity into advantaae . They have made a difference in their own lives and the lives of those around them. Their Slffll&lb and delamillalion arc an inspiration. We will be honoring each Metropolitan Mayors and Comnissiooen Youth AQrd nominee with a cenificatc, as well as a gift baa as a !Oken of our admiration. Thanks to £aakwood's Department of Parks and Recreat ion for contributing backpacks for die gift bags . COUDCil Member Julie Grazul is wi ll help me hand out the awards, and I would like to invite lbc other City Council Members 10 j oin us m front of the dais . After the recognition, we will break for a brief reception to visit widl our no minee s. 1 would like to offer a special thanks to the people who nominated these youna people for r~cog niz mg their accomplishments !llld help ing us honor them. I invi te die nomioaton 10 come forward to .. ·' ~· • t • - Englewood City Council Febnwy 4, 2002 Page7 join our receiving line . The nominators are Pany Christianson, Carrie Almanzar, and Theresa Lowther from Sinclair Middle School; David Miller and Cheryl Okizaki from Hwnanex Academy; Gale Sperry and Carol Wacker from Englewood High School; Amie Gallegos from Colorado's Finest Altemati,-e High School; and Susan and Russel DeShon. i. Roxanne Abell, a studem at Sinclair Middle School. Roxanne's nominator praises Roxanne's positive attitude and leadership skills, noting that her upbeat attitude and chlncter have a noticeably positive ~ton the people around her. ii. Darren Abney, a student al Humanex Academy. Darren's nominator indicates that Darren has turned bis life around -bis positive attitude helps him serve II a role model al school . 111. Diana Bueno, 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. iv . Lorena Cuarenta, a studem al 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 . v. Jolene Cunningham. a student at Colorado's Finest Alternative Hip School, was not present. Mayor Bradshaw comnented that Jolene has overcome many challenges, and remains dedicated to improving her life, placing an emphasis on her education and bein& the best mother in the world for her son. vi. Joslyn Davidson, a student at Colorado's Finest Alternative Hip School, w11 not presenL Mayor Bradshaw commented that Joslyn has turned neptive situations into positive life lessons. She has become a positive role model who helps cOU111CI others aoin& tbroup difficult times. vii. Dustin Dougherty, a student at Humanex Academy . Dustin's nominator applauds Dustin's perseverance and dedication to his family . Dustin's propns in school has helped others realize they can achieve success, too. vm . Ana Edmondson, a student at Colorado's Finest Alternative School. Ana's nominator describes her as a "jewel" -she works hard, loves school, is noo-judpnental, and very givin&. Her positive outlook on life is contaaious. ix . Tiffany Evans, a student at Colorado's Finest Alternative Hip School. Tiffany 's adversity has had a profoWld ~ton her life, with very positive outcomes. Her stren&th and outlook on life have made her goal-oriented and focused on graduation. x. Deanna Goonnan, a student at Colorado's Finest Alternative Hip School. According to Deanna 's nomin2tor, she exhibits enthusium and motivation towards her education and serves as a strong influence on others . She has overcome odds that would humble most ofus. xi. Angela Johnson. a stud Ill at Colorado 's Finest Alternative Hip School. Her nominator says that Angela's past has helped her focus on the future . She is very &oal-orimled and conunined in her quest to be successful -but she 's not too busy to help others who are aoiDa throup d u 1ic ult times . xii . Natalie Lovato, a stu<knt at Colorado 's Fi.nest Alternative Hip School. Natalie 's life has not always been positive, but she has lofty apirationa for her fldure . Nllllie's nominator sees her attitude and commitment -b extraordinary . She is a role model for odlcr IIUdealil . • t .. • • Englewood City Council February 4, 2002 Page 8 XUJ. Jahaziel Macias, a student at Englewood High School. Jahaziel bas overcome many challenges, including adaplin& to a new language and culture. Jahaziel's nominator describes him u hardworking and unfailingly polite. xiv. Guillermo Maldonado, a student at Englewood High School. Guillenno, too, bas adapted well to a new culture and taneuage. He takes great pride and pull great thought into his schoolwork. Guillenno's nominator describes him as a gentleman scholar and an oubtaoding role model. xv. Sara McLeod, a Sllldent 11 Colorado's Finest Allemative High School. Sara was told by docton when she wu younaer that she would never lead a normal life -she bu proven her docton wrong. Sara's experiences and accomplishments help her offer suppon, advice, and encouragement to others. xvi. Brittany Moore, a student at Sinclair Middle School. Brittany's nominator says she is an extremely resilient young lady, continuously strivin11 to improve herself and her learning environment. Brittany is a positive contributing member of her school comnunity. 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 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 ." xvm. Andy Nguyen, a student at Humanex Academy. Overcoming language and other barriers have helped Andy excel in school. He helps tutor some of his peers in classes. xix . Lindsey Sneed, a student at Colorado's Finest Alternative High School, wu not present. Mayor Bradshaw commented that, with her attitude and c:omnitmelll, Lindsey bu been able to tum her personal adversities into pluses. She has become motivated and successful in school and is a role model for othen. xx. Chintina Snyder , a student It Flood Middle School. Chintina 's determination and inner strength and her great outlook on life will enable her to succeed . Her nominaton say "Chirstina 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 IS a beacon of light to all those who arc overcoming adversity . 111c hurdles she's encountered have motivated Tracy to overcome and be successful . xx.ii. Cecilia Woods, a student at Colorado's Finest Alternative High School . Cecilia ·s nominator describes her IS a survivor who has an extremely positive outlook on life . She has put negati ve siruations behind her and is bcginnin& to set life-long goals for bcnclf. xxiii . Chalmer Cody Wren IV , a student at Hwnancx Academy. Cody bas made a complete tum-around with his life. By turning into a positive role model at school, be bas helped many of his peers see that they can make changes, too . xxiv . Sheri Yoke, a student at Hwnancx Academy. Sheri bas made pat strides to make her life bencr. She has become a positive peer leader and bu excelled in her clau work. xxv . Arta Zymeri, a student at Enalcwood Hip School. Ana ia a aavivor of the - in Kosovo , and has adapted well to a new tanauaac and culture. Ana's nominator descnbes ber • .,.. .. ~ .. •. • t .. • Englewood City Council February 4, 2002 Page 9 "generous, brave, and dependable." Mayor Bradshaw said we are so proud to have young people like you u members of our comrmmity. Thank you for inspiring us and showing us the power of your strength and detmnination. And we thank the families, friends, teachers, and coumelors who are here tonight to help us honor our nominees and who suppon these very special young people on a daily buis. Let's give them all a big round of applause . Please join us next door in the Comrmmity Room, she said, for cake and a brief reception to visit with our nominees, after they get their pictures taken. (kit) COW1Cil recessed for a brief reception at 8:05 p.m., reconvening at 8:30 p.m. Six COW1Cil Members were preaent, Council Member Moore wu absent. 9. Public Hnrln& No public beariua wu scheduled before Council. 10. c-t Apada Mayor Bradshaw advised that Agenda llem 10 (c) (i) should be a motion, not a resolution u listed on the agenda . (a) Approval of Ordinances on Fint Readina No additional ordinances were submitted for approval on tint readiJI&. (See Agenda Item 11 -Regular Agenda.) COUNCIL MEMBER GARRETI MOVED, AND IT WAS SECONDID, TO APPROVE AGENDA ITEMS 10 (b) (I) AND (U). AND 10 (c) (I). (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO. 6, SERIES OF 2002 (COUNCIL BILL NO. 4, INTRODUCED BY COUNCIL MEMBER GARRETT) AN ORDIN NCE AUTHORIZING THE CITY OF ENGLEWOOD, COLORADO TO ENTER INTO TWO LIC EN SE AGREEMENTS 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 . (ii) ORDINANCE NO . 7, SERIES OF 2002 (COUNCIL BILL NO . 5, INTRODUCED BY COUNCIL MEMBER GARRETT) AN ORDINANCE AUTHORIZING THE LEASE OF BUILDING SPACE LOCATED AT 3629 SOlITH FOX STREET BY THE CITY OF ENGLEWOOD . (c) Resolutions and Motions (i) AGREEMENT WITH ARTIST DAVID GRIGGS FOR COMPLETION OF THE TRAM MEL L CROW PARKING GARAGE ART WALL . Vote results: Ayes : Council Members Nabbolz. Ganen. Wolosyn, Yurcbick. Grazulis. Bradshaw • • Englewood City Council February 4, 2002 Page 10 Nays : Absent: The motion carried. 11. Reau!ar Apada None Council Member Moore (a) Approval of Ordinances on First Readin1 (i) A recommendation from the Community Development Dcpanment to adopt a bill for an ordinance autboriziq a temporary reduc1ion in the City's Admiuioa Tax wu received. COUNCIL MEMBER GARRETf MOVED, AND IT WAS SECONDED, TO DERR AGENDA ITEM 11 (a) (I)-COUNCIL BILL NO. 3-TO THE REGULAR MEETING OJ nBllUA:Y ,;, 2002. Ayes: Nays: Absent: The motion carried. COUDCil Memben Nabbolz, Ganett, Wolosya, Ymcbick. Grazulis, Bradshaw None Council Member Moore Mayor Bradshaw explained that it was moved forward to February 19• because February I g• is a holiday. (ii) Senior Manager Dannemiller presented a recommendation from the Comnanity Development Department to adopt a bill for an ordiaaace vacating a utility euemeni located in the 2700 block of South Elati Street. Ms. Danaemiller advised that this would be for the cOIISlnlctioa of the Lipt Rail RTD maintenance facility over the easement. The utilities that are in the Clll'fflll eucmeat are bein& relocated at RTD's expense. This ii just the vacation of a utility euemem, sbe uid. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (U) -COUNCIL BILL NO. 6. COUNCIL BILL NO . 6, INTRODUCED BY COUNCIL WOLOSYN A BILL FOR AN ORDINANCE VACA TING A lITILITY EASEMENT LOCATED IN TIIE 2700 BLOCK OF ELA T.1 BETWEEN WEST YALE AND WEST AMHERST BY TIIE CITY OF ENGLEWOOD, COLORADO. Vote results: Ayes : Nays : Absent: The motion carried. Cowicil Memben Nabbolz, Garrett, Wolosyn, Ymcbick. Grazulis, Bradshaw None Council Member Moore (b) Approval of Ordinances on Second Readin1 No additional ordinances were submined for approval on second readin&, (See Agenda Item IO -Consent Agenda .) (c) Resolutions and Motions (i) Director GfYllewicz pmcnted a rec-..datioa from tbe Depenmem of Englewood City Council February 4, 2002 Page 11 Finance and AJministrative Services to adopt a resolution approvilla supplcmenlal appropriationl required for year-end 2001 and supplemcntal appropriatiom for 2002, to coq,ly with City Charter requirements. He Aid be would like to point out the two for 2002. One in the General FUDd far 2002 ii a re-approprialion of money dial wu for the Cultunl Arts research project That could not be spent in 200 I and is bein& re- appropriated for 2002 . Allo, in the Capital Projecta Flllld, the $15,045.00 ii the «-percent far the cOlllribution for Art in Public Places. The rest are 200 I supplcmenlal approprialions lbat are mainly for ileml lbat were either not received or DOI kDowD durina 2001. After the year-end boob wae claaed, be said, we approached Council with thil supplcmmlll . The resolution wu usigned a number and read by tide : RESOLUTION NO. 42, SERIES OF 2002 A RESOLlITION FOR SUPPLEMENTAL APPROPRIATIONS FOR THE 2001 AND 2002 BUDGETS OF THE CITY OF ENGLEWOOD, COLORADO . COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (I)· RESOLUTION NO. 42. SERIES OF ZOIZ. Ayes : CollDCil MCldlen Nabbolz, Ourea, Wololyn. Yun:bick, Orazulis, Bradshaw Nays : Nooe Abtent: Council Member Moore The motion carried. 12. General DIKaaioa (a) Mayor"s Choice (i) Mayor Bradshaw reminded Coum:il that there would be a loaa Sludy Selaion next week. and Council should be prepared to stay until about 9:00 p.m. She reminded Council Member Orazulis that she would be chairing that mcetin&- ( ii) Mayor Bradshaw thanked siaft'for all the positive utic:la about CityCentcr. That was really nice to read over the weekend, she said . (iii) Mayor Bradshaw advised that if Council had any ileml they would like to see on the agenda of the School Board/Council dinner meeting on the 2s•, they should aet those to City Manager Sears. (iv) Mayor Bradshaw said we have Housma Fonim conmen11 for the next Study Sess ion, and we need to discuss dial. In aeneral , I lhouaht it went well, she said. I learned a lot about the City that I did not know previously, she said. (v) Mayor Bradshaw offered kudos to slaft' reprdina the ton:h relay eft'orta . Everything went very well, she said . (b) Council Members " Choice (i) Cowx:il Member Nabbolz Aid she would like Council to COlllribule ID Brandy Webb 's request Mayor Bradshaw said she needs S l,67S .00, I believe . -- Englewood City Council February 4, 2002 Page 12 Council Member Nabholz asked ifS500.00 was too nu:h to ask. Council Member Grazulis said Ms . Webb was asking quite a few other people . 0. Mayor Bradshaw reminded C1JW1Cil that Close Up would be coming up pretty soon, also. Council Member Garrett said Council has to make some determinations, since they have turned some things down in the past. where individuals were looking for support. We have to decide which things are wonh supponing and which things we do not. Mayor Bradshaw said we do not have a policy on that. but she said she agreed with Council Member Nabholz. It sounds wonhwhile and 1 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 this, about two doml, so allow for things like this to come up. Council Member Garrett commented that, if they pve $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 sugcst $50.00, if she is aoin& to lots ofbusincaacs. Mayor Bradshaw said maybe $150.00. Council Member Garrett said be was thinking $50.00, because, in fairness, M would a1-t have to &ive to everyone who asks 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 aoes, if Ms. Webb does not attend. Council Member Garrett said ii would be contingent upon her going. Mayor Bradshaw asked ifSS0 .00 was Council's consensus . Everyone agreed . An unknown pel'50o offered suggestions from the audience . Mayor Bradshaw advised that she appreciated his input, but the lime on the agenda for that was earlier, and that there would be no public cOlllllletll at this time . COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO CONTRIBUTE $58.N TO BRANDY WEBB, CONTINGENT UPON HER RAISING ALL OF UR FUNDS NEIDD FOR HER TRIP TO WASHINGTON D.C. Ayes : Council Memben Nabbolz, Gamtt, Wololyn, Yun:hick, Grazulis, Bradabaw Nays : None Absent Council Member Moore The motion carried . t -~ ·' • • Enpwood City Council February 4, 2002 Paac 13 (ii) Council Member Garrett advised that be would not be in allndancc at the February 19, 2002 City Council meelina. 13 . Clcy Muapr'1 Report City Maaapr Scars did not have any mallffl to brin& befClle Couacil. 14. Clly AilN'My'I Report City Aaomey 8rotmu did not have any llllllen to brina before Council. IS. M ........ t MAYOR BRADSIIA W MOVED TO ADIOURN. The mectin& -adjourned at 8:45 p.m. iiliiDwfcB NO. ffllts ~OP' 2002 BY AUTHORITY COUNCIL BILL NO. 6 INTRODUCED BY COUNCIL MEMBER WOLOSYN 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 Worb Subdiviaion is a three-lot aubdiviaion includinc a re-1ubdiviaion of Terry's Addition, blocka one through four u well u vacated portio111 of Hawthorne (later known as Amherst Avenue), Elati and Fox 1treeta and Yale Avenue; and WHEREAS, the City Council of the City of Englewood pueed Ordinance No. 18, Seriea of 1977 which vacated the Right-Of-Way of a portion of South Elati Street north ofWeat Amherst Avenue and realigned Elati Street on a fifty-foot Right-Of-Way located approximately 91 feet to the eut reaerving a Utility _Easement; and WHEREAS, the pa11age of Ordinance No. 18, 1977 gave General Iron Worka (GIW) tenants many surface uses of the land while avoiding the coat of relocatiq the utilities into the newly aligned street; .and WHEREAS, the RTD light rail train maintenance building u deaiped. atracldlea the easement; and WHEREAS, because of the potential difficulty for acceaainc and servicing tboae underground utilities RTD haa choaen to relocate the utilities into the newly aligned street and haa requested the City vacate the utility eaaement; and; and WHEREAS, RTD plane to obtain a building permit for the Elati Maintenance Facility during the spring of 2002; and WHEREAS, the p811age of this Ordinance will authorise the vacation of the Utility Easement reserved with the pa11age of Ordinance No. 18, Series of 1977; and WHEREAS, the Englewood Department of Utilities haa indicated that it haa no need of this Utility Easement; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS : Section 1. The City Council of the City of Englewood, Colorado hereby vacates a Utility Eaaement located in the 2700 block of Elati between weat Yale and weat Amherst, 81 shown on attached Exhibit A. -1- f, tObl .. t ' ... • • Introduced, read in full, and paaaed on firat reading on the 4th day of February, 2002. Publiahed u a Bill for an Ordinancl on the 8th day of February, 2002. Read by title and pUNd on final readinc on the 19th day of Februarf, 2002. Publiahed by title U Ordinance No. __. Seriea of 2002, OD the 22nd day of February, 2002. ATTEST: Loucriabia A. EW.. City Clerk I, Loucriahia A. Ellia, City Clerk of the City ofEnpewood, Colorado, hereby certif.r that the above and fureaoinr ia a true copy of the Ordinance palled on final reaclins and publiahecl by title u Ordinance No. __. Sarin of 2002. -2- -fs-1, .... .,. ... r ···sTATE OF COLORADO 1 ·· s-.-r-..-.-Ml G11e.--e......P1111 0.-. C.-111222·3'IOO RECEIVED (303l797- DEC 2 & 2001 Pllljec:I NH 0252·2111, PE. Ulla. Canst T-REX Project Connet "°'*19 No. OZ-*7,00001 RTD-1.AT Elall Mainlarwa Facillly Fle11Sl4 0-.., 211. 2001 Danlida-. lle:llllllllld!Jay.-. PtAllc SeMce Company ol Caknclo DM111: 0-.., 11, 2001 11Z3W.3n1Ave. ~ a.11a.oo 0.-, CO 111223 lkmaccult 11514 vou .. aulllariudlDPl--'wlll vuiwuay,.........-ei 1n_.,_w111 ................ uay.-.w111a11 Ila IINll__.ii, .. s-. "'-_.... ID_._..-,clan ...... inquala, 11111 ... wlll!CNI Cully, T-MXIJay ...... ln ~ ---(303)317-aD. can.uctlDn-ei-,llaglll•VQIW ..... _lill_ lW, p,iDtlD"'W•l,.,UI""* .... -.. ---KM,, '111111 .. ...,... yau ...... ...,.. limmllllaft. Nrf ............ nm ... ..-... 1a1111n ... .-._ .. ,.........,,..1n,... ... .....,.-,coor 1N11n,ouma,pe.1annu:11---.Nrf_........__ ............. o .............. ,_ .. ,.. .. . ··. ...........11.., ....... «__,. _______ KNICulty•-•Mailllllnllllr....._ ) A ffllllad ol lWllllng lillllc (MHT} IIPlllll"II IIJCOOT .. 119 ...... llllarlD _,, ._ ............ __. ...... ....... ......,. TIUllawllal----Nlnw ............. u.a. ~alT• .... ta ,.,,,.,., C.lllalffl Tnia:eo,.-o..... TNIIDllgl*'g SllndlnlaS«D-1 IIIIIS«D-I_ .......................... .. ....... IEnglMs. ln-*-wlll .. .-.. 111111 llallg-llalllllllllldlD ... COOT !Jay ei.-.noi.rlWI 1211..,. ... camplellan ol .. --- Tlw,k you ,.,, vaiw coape,lllan. ~ Flcll ..__.,, P.E. Auillal'II u-.. e,,._ RH Enclaelne er:: I.any w-. T-AEX Plajacl. C..... KM! Cwly, T -N!X P1ajac1. c-=-"'!W•'Wllll-lll111111•111.-i1111 ~ .,,..._ T-MX Plajacl. C....... ( ad•••I INce JatJ-vfll:II HoflMW. ~ a TIUlla ( 1-duwa) «-1'111 ~-Plai-&0... ...... 211 Cenn1 Am· 1..eg11. llomll 111 ~I (l'la 115"1 ~-1-..-eo(,>J~ c~.,,...'- J~ ~. i"""-1' P,c..""-,,.. t .:.., .. -· • • • ·• • COLORADO DEPARTMENT OF TRANSPORTATION 'STANDARD UTILITY AGREEMENT This agreement is for: 181 Engineering design 181 Construction wori< 181 Construction inspection Contract routllg ; 41).. -/J;4. 'T -0 o 00 I Project t (Ulililiul NH0252·299 Project t (Cons1rucllon) NH0252·299 Locatian T-REX Project; RTO-Urr Elati Mli1llnlnc:t Facility .. L, . '"' THIS AGREEMENT, made on (data) 1sJJ1S. is between the State of Colorado for the use and benefit of the Colorado Oapanment of Transportation ("COOT" or "the State1 and Public Service Company of Colorado IP§COl ("Owner,. RECITALS: 1. The State considers it necessary to make certain improvements to the State Highway Systam, which are located u follows: County Arapahoe:· City EnglfwOQd Located EJall Streat from Yale Aytnyt to Ambtt(st Aytnyt 2. The proposed high-y improvements make it nlCNUIY to relocate. adjust, or instan certain utility facilltlM that are owned by the Owner ("the Work"), which is generally dNcribld as follows: Blf9Cl1I PSCO 4• gas line in conflict with proQOHd RTO-LRT MajnJ,Oanct Facillty Building M shown in Exhibit B Jhil worts stJall inctudf dfliqn consttYGJion ang iQIPICtipn ot !IJ• IJl9Clltd au 11n,, 3. The Owner's Preliminary Plans, attac:hld as .Ei!bJliS.B, outline the Work. The Owner shall snpare the detailed plans in conformance with Part 845, Subpart A of Tille 23, Code of Federal Rtgulationa (23 CFR 845A). 4. The State selactec:l the Owner to pelform the Work pursuant to the authority In Section 24-103-205, CRS and Procurement AulH 3-205.01 and 3·205.04 of the Code ol Colorado Regulations, raga,dlng sole source procut9fflent and spacial circlnlstancee procurement. :i. The State la aulhoriad to pay the Owner for the pelformanc:e of the Wortc. purauant to MCtlona 43-1 ·225, CRS (If the Owner is a gowmmanlal aubdlvllion of the State) or43-1·208, CRS (if theQwne(a lacillllel.,. localad onlln a real property interest thar is compensable in eminent domain). 8. The Owner and Iha State must comply with the current vtrlions of 23 CFR 845 and "Accommodation of UtllillN wllhin State Highway System Rights of Way' (COOT Policy Dnctlvt 390), in order to obtain federal participation in lhl coats of :ha Work. 7. The State and Iha Owner desire to complete Iha Work u soon u pouibla. NOW THEREFORE, THE PARTIES AGREE: 1. The following are incorporated u terms and condltlona ol this Agraement. (ltema a. d, ,, and f .,. 8ltadled to this Agreement. Items b and c are available from COOT upon 19qUNl) a. The State 's "Special Provisions· (for the purpose of the Special Proviaiona, the Owner is the "ContrlC1ol". b . Title 23, Coda of Ftderal Regulationa, Part 845. c. COOT Potic:y Oirec:tivt 390 ("Accommodalion of Utilitlea wllhin Sta11 Highway System Aighla of Way"). d. COOT Form 170, "Slate Utility Agra.nent Appendix". ,. Owner's Cost Estimate <Eabfbil A). f. Owner's Preliminary Plana (Exh,llll Bl . Any conHict bttwean sueh tem,s sl\all bl l'9IOlved in the priority they .,. 11111d. Tilil Ac,NrMnt ltlall bl aubjed to conHicllng terms contained in a and b, but and prevail av. COlh1iclll,g terma canlllned inc ltVu I. The Owner shall perform (or have pelfonnecl) the WOltt in accordanct wlltl al applcabll llffllt and C01dtiol• of mis A;raement. 3. The State will reimburse the Owner for the eligible coata of Iha WOltl, Iller the Warll is compltllld ID the Slaa'1 I ......,, runa•..,.,.,.....-,, f• t • • 0 0 . satisfaction and the State has received proper billing. The State and the Owner have estimated the costs ol the Work as shown in the Owner's Cost Estimate, Exhibit A. 4. The Owner will use the method indicated below to determine the Work costs : l) A. The direct and indirect costs accumulated under a work order accounting procedure prescribed by a federal or state regulatory body and estimated at S ~-II this amount is greater than $80,000, the State may retain 10% ol billed costs, up to a maximum or 5'l'o of the original contract amount, prior to the required audit by the State, as 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 lor costs in excess of any previous payments, or the Owner will reimburse the State for any previous payments in the exC8U of ellgible costs, whichever is applicable. The State will pay the Owner intermediate payments for Work completed when requested and property billed. Payments will not be made more than once a month. 0 B. The lump sum amount of S _· _u detailed on the Owner's Cost Esllmate, ~-Under thll 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(a) shall develop and record the coats of the Work in accordance with 23 CFR 645.117 and any other appllcable reguladona or p,ocec:turn. The Owner shall provide the Slate with all information and reports required by state or federal statute or regulation. 6. The amount the State pays the Owner under this Agreement witl be lull compensation for all the eligible coats incurred by the Owner while performing the Work. 7. II the Owner incurs costs to acquire replacement right-of-way or an NHITlent under this Ag,Nment. the Owner must invoice such costs separately. 8. II the Owner determines during the performance of the Work that the 8111mated Wot1c costs will increaH beyond . the ~ estlmata amount. the Owner must obtain a supplement or other appl'OY8d modlllcatlon to incrNla the mo'-'11 of this Agreement before petforming any Work which will eXCNd the current 8111malad coat. The Owner must ·· itemize all coat increaHI on the final biUlng. 9. The Owner must subm~ to the State aH billings for the costs ol the pertormanca of Iha Work not latar than 120 days attar completing the Work. 10. After this Agreement is executed by the parties and is~ by the State Controler, the Stata wll gift the Owner written authorization to proceed with the Work. The Owner shd not ptOCNd with the Work befor9 I raceivN such authorization. The Owner shall complete the Work wilhin 120 ~ attar receiving 1h11 wrlltan aultlorizallon. 11 . FedaraVState Aaguiraments The Owner shall at al ti,,-in the performance of the Work Slrlclly ·.adWe 1111, and comply with, all applicable federal and state laws, and their lmplemuntlng regulatianl. u ttl9y CUT9l1lly ullt and may hereafter be amended, which are incorporated herein by this l9ference a 1arml and condllkll II of ltlil Agreement. including those in 23 CFR 645 . 115 requiring award ol aubcontracts by public bid. The Owner ltlal allo r9qUire compliance with these statutes and regulations in subgrant ~ pennillad undlr this conlnlcl The Owner muat obtain State approval prior to the a-rd of any subcontract between the Owner and another party lor the pertormanca of any part ol the Work . 12. Maintenance ol Records The Owner shall maintu, a com,>lele file of al reco,da, doclmenll, communieallonl, and oth&< written materials which pertain to the operation of programa or the de!Mary of selVicN undlr this contract. and shall maintain such records lor a period of three (3) yurs altar the date of tarminallon of this contract or final payment h&<eunder, whichever is later, or for such fw1her period u may be neceuary 1111 r'NOlve any mattars which may be pending . All such records, documents, communicationa and other malariala lhall be the proper1y of the Stale. and shall be maintained by the Owner in a central location and the Owner shall be cuallDdlan on blhall of the State. 13. Aydtt, Inspection of Records and M90jtoring, The Owner shall permil the Stata, Fedaral GcMmrrient. or any .,ther duly authorized agent of a governmental agency to audit, lnlpect. 8l181N18, ucerpt. copy IIWMor tranec:tt,e wner's records during the term of this contract and for a period of three (3) yurs lolowlng tamlinatlon of lhia comract or final payment h&<eunder, whichever is later, to usure compllance wilh the l9fffll her9of, or 1111 evaluala the Owner's performance hereunder. The Owner shall also permit th8H ume dNctl>ed .,,_ IO monilDr al ac:llvitlN canducted by the Owner pursuant to the terms or this contract. Al the monitoring agency may in ill sole dlacrellon dNm ' ... .. • • • 0 necessary or appropriate, such ,onitoring may consast of internal evaluation procedures , examination of program data , spec ial analyses , on-site check . or any other reuonable procedure . 14 . Independent Contractor. The Owner shall perform its duties hereunder as an independent contractor and not as m employee. Neither the owner nor any agent or employee of the owner shall be, or shall be dHmed to be, an agent Jr employee of the State, and they shall have no authorization, express or implied, to bind the state to any contracts, settlements, liability, or understanding except as expressly set forth herein. The owner shall be responsible to the State for the ultimate results of performance required hereunder but shall not be subject to the direction and control of the State as to the means and methods of accomplishing the results. The specifications in this contract of particular performance standards the State deems essential to proper performance and contract val._ shall in no 9119nt be deemed to alter this relationship . Owner shall pay when due all required employment tuN 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 inlutanee) and unemployment compensation insurance in the amounts required by law. and shall be solely responlible tor the acts of the owner, its employees and agents. The Owner acknowtedges that owner and ill emploYffl .,. noc entitled tlO the beneflll of worker's compensation insurance or unemployment Insurance unleu the owner or a third party provklN such COl/erage and that the state don not pay for or otherwise provide such C01191'aQe. 15. The term of this Agreement will continue to the date the State makes final payment to the Owner, with Iha exception of Iha continuing records retention requirements, which shall extend beyond Iha term. 16. Termination for Conv,oience. The State may terminate this contract at any time Iha Stale determines that the purposes of Iha distribution of State moneys under the contract would no longer be HIV8d by completion of the projec:I. The State shall effect such termination by gilling written notice of termination to Iha Owner and apecltying the effective date thereof. at leut twenty (20) days before the effective date of such termination. In that event. al finished or unfinished documents, data. studies. surveys, drawings, maps, modllls, pnotographa, and raporta or other material prepared by Iha Owner under this contract shall, at the option of !he State, become its property, and the Owner shall be entitled to receive just and equitable compensation for any satisfactory Hfllices and supplies dellvtnel. If Iha contract is terminated by the State as provided herein, the Owner will be paid an amount wtlich bears the same · ratio to the total compensation as Iha services satlslllctorily performed bear tlO the toCal ur.ric:N of the Owner covered y this contract. Ins payments of compensation previously made, provided. l'loWver, that ii lela than lixty pen:ent 160"•) of the services coll8nld by this contract haw been performed upon the eflective date of sucn tarmntlon, lhe Owner shall be reimbursed (in addition to Iha abolle payment) for that portion of the actual out-of1)0Ckat uperll88 (not otherwise reimbursed under this contract) incurr9d by Iha Owner during the contract period which .,. dnclly attributable to the uncompleted portion of the services covered by this contract. In no event 5"1111 r9irnburlaMnt under this clause exceed the contract amount. If this contract ia terminated for cauM, or due to the fault of the Owner. the Termination for Cause or Default provision shall apply. 11. T erminat;on for Cause If through any cause, Iha Owner shall fall to fufllll, 1n a timely and proper manner, Ill obligations under this contract, or if the Owner shall violate any of the covenants, agrNffl8ntl, or lllpulalionl of lhil contract, Iha State shall thereupon have the right to terminale this contract for cauae by gMng __, noClce to the Owner of its intent to terminate and at least ten ( 10) days opportunity IIO CUN the default or lhow cauN why termination is otherNise not appropriate. In Iha event of termination, al finished or unflnilhed docunen1s, dala, studies, surveys, drawings, maps. models. photographs, and reports or OCher material prepar9d by the Owner undli r this contract shall, at the option of Iha State. become its propeny, and the Own• lhall be entltled to l'9C8ive jult and equitable compensation for any services and supplies delivtnd and accepted. The Own• lhall be obligated to 19tum any payment advanced under the provisions of this contract. Notwithstanding the abol/8 , Iha Owner Shall not be relieved of liability to the State for any damagN suatai1ed by the State by virtue of any breach of tne contract by the Owner, and the Stale may withhold any pa'Yff*"l to the Owner for the purposes of mitigating its damages until such lime u the exact amount of damagN due to the Stale from lie Owner is determined. If alter such termination it is determined, for any reason, that Iha Owner wu noc in dlfauft. or thal the Owner's action /inaction wu excusable. such termination shall be treated u a llltminallon for CCIIWiellCI, and the rtghtl and obligations of Iha parties shall be the same as if Iha contract had been terminalllcl for convenience, • deecribed .,_n, 18. If thas AgrNment includes construction work the Owner muat give c:redil IIO the S... lar the Ulvage value, • expla ined in 23 CFR 845.117(h). The Owner shall not ailpoN ol any l'IICOll8f8d ~ babe the Slall llM inspected such materials and approved such disposal. • .. • • ,· 19. · Funding bt..!!E. This is an indefinite quantity contract for the services specified herein . The parties have estimated the quantity and cost of such services, but such estimates are estimates only. a. Funds are available and encumbered in the amount ol 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 10,,. or the amount or 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 excNds the funds that are encumbered, the State may from time to lime, in a form substantially equivalent to that in COOT Form • 1188a, "Funding Letter", and bearing the approval of the State Controtler or hil designff, make more funds available on this contract. The funds availability letter lhall not be deemed valid until it lhaU have been approved by the Sta~• Controller or such usistant as he may designate. 20. Chang• Ordfl' Lpttpr. Changes within the general scope ot the Agreement may be executed using the CO OT Form• 1285&. "UtUily Contract Modification Order", for any of the lotlowing reuona: a. Where the agreed changes result in no adjustment to the (price) (ceiUng cost}, delivery schedule, or other terms and conditions of the contract. The change lener will contain a mutual reteue of claims for adjustment of price, cost, time for performance, or other terms and conditions, whether band on coats of changed work or direct or indirect impactS on unchanged work, u a result of the change: or b. Where the changes to the contract are priced baaed on the unit prices to be paid for the goods or services in Exhibit A of the contract: or c. Where tt.e changes to the contract are priced bu8d 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 will be subetantially in ll'le form ol COOT Form # 12851, • must bear the ~ of ll'le authorized agency offlclal, the Owner. and-excapl wnera the ~ agrN on the lace of the chan ge "dlr that no price/cost, schedule, or other contract adjualmenta are due the -lie state controller or his designH. The change order letter shal refer ID the bUic contract and · , detailed dNcliptlon of the changes to fie contract. the price or cost ceiling adlustment, the effectllle dale, and (wneti applicable) the time within which the changed work must be done. Other bilateral modlflcallona to thil contract not wilhin the scope of this paragraph must be executed by formal amendment to the contract, approved in accordance with atata law. 21 . Lpgal Aythority. The Owner warranll that it po11N1N the legal authority ID.,,.., inlo this contract and that it hu taken d actlonl required, by its procedures, by-laws, Md/or applcable law ID ewcile that auttlorlty. and to lawfully authorize its undersigned Signatory to execute this contract and ID bind the 0-. ID ila terma . The person(s) executing this contract on behalf of the Owner wanant(s) that IUd1 pert0n(1) have ful aulhoriution to ex8Ctrte this contract. I -under panalty of perju,y Ill Ille MC-«S degl'M and any otller appllc:allle 8lata ar......, law• ltlat I am auo-tzecl ta .. .., thla ag-1 and Ille .--11 IMde are true and complete ta Ille beat of my llnawledge. irec';or, ·oaa Delin:-y tnsine•rinc Title ' ATTEST : STATE OF COLORADO Bill Owens. GOVERNOR COOT Form• 690a llcv 1JOl ' :... .. .. •. • • .. COLORADO DEPARTMENT OF TRANSPORTATION STATE UTILITY AGREEMENT APPENDIX 'ily Pf'llecl r. I Utilily Prajecl coae (SA): 10252-099 1158' Locallan: 1!1811 SINM. Yale A-ue 10 Amnerst Avenue U1liCy ..... (owner): c-ucilon p,ajeCt t: NH0252-099 0s-s,s.()O i~Public s..-Company ol Colorado NA NA NA NA #: 18 City of Engtewooc:t Easement (copy attached) Government SubdivisiOn (C.R.S . Sec.43-1·22!) A --......., lhflllql: Owner Owner Owner D Consultant 0 Subcontractor D Consultant of wa T -REX will acqun or hU sinc:e acquir9cl Book: Page: Date: August 3, 19n D competitive negotiation (attach certlflcallon of consullant). D exilti1 · written conlrllet (anact, cer1lllcallon of cansultllnt). II Ille S--llle --.......-1ar.-01 ...... IWIOclllall-. ....................... 111111'111 ........ on: D Actual costs altribulable to lhe Staa · Total work a uatad to ltle Stallt's shara docunant melhocl of In Nllma19. The_ ... _, ' D Replacement of a building, pumping station, IUbstatton, or any Olher similar unit (lncfuda c:rd for expired service lite in astirnate). Betterment of a tacttity, Olhar than one r9qUir9d by currw,t indullry cadN or atarldanla (include credit lor battarment in estimate). Recovery of materials for later rw by Owner (lncfuda cradt in ~ for salvlga axcNdi11g SS.000 at cunent stock ricasl . W-wollll'le,_ollllleWorlltle_nl __ _ WlloWIIDe ............ --on---7 Nllne: -~-lleunt? -n: Deaicur III ' • • FOR INFORMATION ONLY COOT FORM t70II APPENDIX TO STATE UTILITY AGREEMENT This appendix llileilitates the ag,eement review proceu and dacumentl c:anfomlance with appliclltM coet raimtlurNment criteria. Federal regulalions on lhil subject 119 contained in 23 CFR, Parts 172. 835, and 845A. TheN regulations include condillona and linitatlonl on laderaHid par11cipatlon in utility r9locallon COiia. The following notN explain certain r9qUinlment1 IO ~ die praperallon al 1h11 and oller agreement dac:umentl. ENGINEERING ANOOR CONSTRUCTION BY O'NNERS FORCES: Owner fflUlt be aqilllaly ltaff9d and equipped to pe,torm satlllactorily and in a timely lllhion; Conltruction wartc muat be al a minor nalln routinely performed by the Owner's lorcae. (23 CFR 645.109, 835.205(b), 6'5.11 S(a)) ENGINEERING CONSUi. TANT SERVICES: 1) Conlultlnt Nlectlor'I U1jeCt ID COOT approval; IUbcontram a:Nding $25,000 sUbjed to prtca evaluation and approval by COOT ~ and Consultanll Office. (23 CFR 172. 7) 2) COIIIUltant ..., allllng ongoing wr1tan contract fflUlt ragularly provide similar saNiCN for Owner's non-hli,'lway-relatad wortc: approval sUbjed to finding by COOT that COiia a,e IUICllllble. (23 CFR MS.109(b)) CONSTRUCTION SUBCONTRACTS: Conltrucllon under allllng ongoing ...... contract sUbjed to finding by COOT ltlat coats 119 l'9UOftllble. (23 CFR fS45.115(a)(3)) INCIDENTAL WORK: lncidantal work awarded wlttlCU CClfflpelllM blmalg subjact ID finding by COOT ltlat C01t1 .,. 19110nable. (23 CFR fS45.1 t 5(a)(4)) UTILITY PERMIT REQUIREMENT: COOT pe,mlt r9qUnd I ldjumd r.-.. a,e localed wllm ulllmam COOT right-of-way. EXCHANGING OF EASEMENTS: If replacemant rtglll-ol-way la ID be acqund. lie COOT Reglail Right· ~.JNay section must handle lie uchanglng al •••ments will lie Owner. Pt.AN DETAIL: Detail plans to ilultrala lie WOl1l CCMf9d by llgl'NIMI it. Verify Ille locallal\ al exllllng and l)t01)0Nd IICiltlN with rNpec:t to rtgnt-of-way boundlrlN and planned hiFWaY ~-Show existing laciltles in r9d and propoNd lacillllN in green. The COOT iwcnsentative's signatur9 on lhil Appendix cer1IIIN cadaunance wlh appklltM coet reimburWnent criteria. Supporting docurnenlalion. ii not included a pan al ttlil agi...,,., la maintained in lie project Ille and provided upon requNt. FOR INFORMATION ONLY t .. •. • • 0 •• • •• SPECIAL PROVISIONS (Not ror Use with Inter-Governmental Contracts) L CONTROLLER'S APPROVAL. CRS 24-30-202 (1) This conlr.lCI shllll not be deemed valid until it hu been approved by tbc Conuoller of the Swe of Color:ido or such usiswn as he may desi,naie. 2. FUND AVAILABILITY. CRS 24-30-202 (!.5) Financial obliptions of tbc Swc of Color.Ida payable after tbc cunut fiscal year :n continpm upor. tunda for dial purpose bein1 :JPPfOpn:ucd. budpced. :ind odlcrwise made available. l. INDE.'INIFICA TION. The Conuactor shall indemnify, save, and hold bamlal Iba S-. ill employwa aad apn11, aalillll aay aad all daim. dunaps, liability aad court awards incllllliq COiia, upenses. aad IIIDnlCy fNs illC1llnd • a rault of aay act or omiuion by die Conlr'IICIIII', or irs employees. apars. subcanuacton, or mis-pumam IO tbe renm of !his C0111n1:t. 4. INDEPENDE.Vf CONTRACTOL 4 CCll 111·2 Tic! COlffllAC'TOI SHAU. PlllJIOU4 ITS DUTll!S HlllUNDD AS AN INDIPINDIINT CONnAC:tO& AND NOT Al All IMPLOYII!. Nl!ITMIJl T1II! ~ l«>ll All'( AGINT oa DIPLOYIII a, TIii CXlHffACTOa SHAU. .. oa SHAU. II DIDW) TO II AN AGINT oa DIPLOYIII 0, nm STAff. CONnAcTclt SHAU. PAY WIIIN DUB AU. UQU1lllD IMPLOYMINT TAXIS AND IICCMII TAX AND LOCAL HIAD TAX CIN NfY MONIIS PAID IY nm 5TATI PUISUNff TO TIIIS.COl'ITaACI'. COHnlM::TOa ACXNOWUIDOIS THAT nm COtrnACTOa AND rrs DIPLOY111S AU NOT emn..m TO UNIMPLOYMmlT INS\JL\NC! IIINll'ITS UNUISS nm CXlNTL\CTCa oa l1IIID PAIITY PllOVIDIIS SUOI COYDACZ ANO THAT T1II! STAlB DOIS NOT PAY ... oa anmwm PllOYIDII SUCH COYDAGI. ~ SHAU. HAV11 NO AuntoalZA TION. l!XPUSS oa DaUID. TO IN> nm STATI TO NfY AGIJIIMINTS, UAIIJTY, oa UNOUSTANDl«l IXCIPT Al IXPUSSLY Sl!1' l'QaTII HDDI. C0NnAcroa SHAU. PllOVDl AND DIP IN l'Olla WOIICDS' COMPDisATION (AND PllOVIDa PllOOla,SUCH ICSUaANCllWIIIIN UQUUTII) IYT111! STATI) ANO~ COMPINSATION INSULUCll IN TD AMOUNTS UQUa1D IY I.AW, AND SHALL U SOU!LY USPONSIIU! l'Oa T1II! ACTS OPT111! CCHTL\CToa, ITS IMPIDYDS AND AGINTS. S. NON•DISC1UM1NA TION. The cotllr.llCUII' qrees 10 ~,amply widl Iba !ear aad tbe spin& of all applicablo SW. aml Cedanl laws nllpKliaa disc:rimiJlalio and unf:air aaplo:,-pn,:cil:a. " CHOICE or LAW. The laws of die Scam of Colondo aad Nia IDd rqulllioal i...i par.-dllnul sball be applied ia die . iatmpwca&ioa. euclllion. and .-of Ibis -. Ally plVYilioe at dlil CGlllnCI. ....._ or - iacorponled herein b:, rec.re-, wbicb pn,vidu for arbilnliall by ay .-judicial body or or wbidl ii odlerwise in conffict widl said laws, Nia. ad rqulaliou 111111 be COlllimNd ..U aml wid. ~ c:mMliald ia aa:, provision inc:Dll'Cl':llild blnia b:, 19f!nDcc which ~ ID ...-mil or ay odllr apacial pnmaioa ia whole or in pan shall be valid or eaforceable or available in •:, IICQQII • law ......._ by way at c:omplaiM, clcfaa. or oclmwise. /us:, pn,Yilion lllllclcnd nail ad ¥Did by die · at mil pnmaioa will - invalidw the remainder of !his COllll:ICl to die u-11111 die __ ii~ ua:uaon. Al :all limes durin1 the perfonnucc of !his coana. Iba Coenaor lllall llricd:, ldhen to al applicable r.denl and SIOIIC law s, rules. :ind replaliou tbal bave ben or _, .___, be emblisbed 7. VENDOR OFFSET. CllS U.J0.212 (1) acas 24-JO.llU l'unuanl to CRS 24-30-202.~ (M ....ied), die SIM8 Coeaoilar may widlbold deba owed ID S-lpllCia under the vendoc ofhet iatcrcepC 1ys11111 for: (a) upaid cbild ~ debt or cllild ~ _....: (II) uapaid balance ofw, mccnaed in-. or odllrcbarpa ~ ia Anida 21, TIiie 39. CIS; (cl uapaid loat due to die Student Lou Division of Ille Depanaa1ll of Hipar l!dul:aioa; (d) owed -r.quind IO be paid to Iba Unemplo yment ColllpUSIIIOII Fud; wl (•) odw ..-i dlllla owiac ID die S-or ay ~ dlenof. die :JIIIOWI( of wtw:11 ii (Qlllld to be owia1 • a raull of llMI aancJ dlll:a · i,;,e or r.iuc.d ID j ..... • c:aulied b:, !he conuoUcr. L E.\IPLOYEE rlNA.~C.U. INTIUST. cas 1'-11-111 A CllS :M-~517 The si~ries aver dial to ._ _....., ao ....,_ ol die S-of Colando lilll ay pa-i or bcne&:tai 1n1cres1 whauoe,,er ia dll laYice • pnpany dlslilled ..... t ... .. • • " -. " l. ~ ... l.; t 1 . \ ·t I I i ., \ t l .. ·- '.) . .... ) .... ,,.... ·,1 . ., ~ 0 ~ • :-, ... J-- ,'tJ/ t/i V · J: .. ~8 ... IN'l'l\0Dt.atl AS A BILL BY COl."NCILMAN SKJ:Tl! a«,4521ia:i557 BY AlffllOU"rY ORDIN-'NC!: ~· OF 1977·· AN OIU>IHAIICE V.ACA'l'IJIG A POlft'IQII OF TU 2700 IILQCE OF SOCJrB EI.ATI S'l'!IEET MID A POJl'l'tOII or Tim 400 aLOCX or 11UT YALE AVENUE, LYDIG AllD Ul:llG IIIDDI TD CJ:ff OI' DIGI.,ZIIOQD, UA- PAJIOIC COUllff, COLOUiX>. . . IIJIICJIEAS. tbexe preaeatly exist• pubU.c va:r• im-u t.be 2700 Block of South llati st= .. t and t.be loath oaa-ba.U (1/l)' ot the 400 a.lock of lleat Yale Avena. vithi.D t.be ~t:r of Englewood; and ' IIIIUDS, the City &Ad ColllDty ·of DeDYer .t:. -ciDV -cat.ion u ·a pw,lic vay the -.On:11 one-h&U . (l/2) of 1:.lla 400 Block of lfaat Yale Avenua; and · IIOW, risJaUQU, u :ET OUAlDD ·n m Ciff c:oailcn. a, "rD CXTY ' OF DGIZWOOD, COLOAACO, .U ~' Section 1. 'l'h•t tba foll-ing-dascrillad port.i.oaa of pabllc atneea located within th• City of 11l9~. Arap&ba• COmty, COlOZ'ado, being uovn •• the 210a a.lock of SoGtll :u.a~ street aad clla South ona-ba.lf (l/21 of tba 400 a.lock of lleft Tal.a AY911• be and tha -.i• bar~y -cata4: PA.::IL •r.• ae9innin9 at tb• Ill co1ct1ar, 1111 1.)4,. ft l/4 of Sec. 34, orvp. ,1 s, "'1•· ,a w ot tba ,1;.h P.N., t!laDc:a II al.009 tlla • liM of Sec. 34 1'0.2 ft. to tba t--ua poizlt of 1M9iml.in9: tbeace continuing along said line US. I ft. to tJle W l.iM of lolltb El.&ti St:.at; thane• on an an9la ta the left of to• and al.oa9 th• w line at S011u &.l&ti St--.at a di•tanca of 30 ft. to tile ext.anded S 11.na o: llast Yale Afta_, tnmlca -an -9le to th• left at ta• and alon9 said u-a diatanca of 1Sl ft . 1 thane• on an -gla t.o the left u•44 • 30• • d.iaunc• of Jl. 45 ft. co the t.%\la point of b99iMiA91 said parc:el -taiJU.a9 -1- ,-· t • • • 0 .109 acres, more or less, in the Coun~y ot A:apahoe, State of Colorado. PAJICZI. •a• Be9iruu.n9 at tbe Ill: comer, 111W l/C ,' NW l/4 of Sec. 34, ~- 4 S, 119•. 58 W of the Ith ·p .It.; tllence W al.0119 the R liA• of S•c. 34 a clist&nce of 351 ft. to the w l.J.na of Saa.th SJ.ati Street; t:benc• 011 u U9l.a to t:b• l•ft, of to• and alo1111 . t:h• W li.ae of South :SlatJ. Suut a distanca of 30 ft. to ~ . tru• point of l:199inAin'f: the.Ilea · cantilluin'f aloag Mid line a clistanca of 100 ft. t:o the .naada1,l II Uaa of Wast Aahant Avmaue: tllanc• on u aA'fl• t:o the J.a1t of ,o• and al.on9 sa.id lin• a dist:anc• of 21,21. ft.; thence OD an an9l• t:o cbe left of 30• a dllUitc• of 31.15 . ft. _.11t:o tha. Z lin•. of Sou.th Jll.ati suaat; thence OD aa &n9le to caa l•ft of 10• and aloll9 ~ Un• a distance of 511. 17 ft. to t:ha s line of West Yale Aven-; thane. OD aa an9le to t!I• l•f't of to• a diat&Dca of 60 ft. to t:h• t%Ua point of ba9inaiAg; said p&Ral -c=ont&inia9 o. 120 acru, 1110n or lesa. in the eo-ty of .a:apaho~, State of Colorado .. ·Th• City h•nl:ly axpr!9uly nae.rvaa .t:o iuel.f; iu ·uugaa,. . appointees and licans-•, ... aaanta tor udaqrc,'11114 util.it:y . lines., pip•• and stracturea u prueatl:r md.ati.Jl9 or c:aaatr11c:tad · in t:he fut"':• and such aboV9 aarfaca uricaa u an a._..ary for t!la aaintaDADCa of aaid andargzalmd fac:il.iti .. , on the folloviD9-C,.ac:rillad ~oparty: PAJICZL · •11.• .. 9inAiA9 at th• U corner, lftf 1/4, 11W 1/4 of S•c. 34, '?Wp. 4S, ll9e . H w of tha 61:tl • .1t.1 thaaca If &l.0119 tJla R line of S•c •. 34 190.2 ft.· ta the ~-po.iat of ba91nn.iD91 tllailca coDd111al119 alo119 said 1iae lH. a .ft. t:o the w l.iaa of Soat!I lll.al:.i Su.et; tha.,ce on an AD91• t:o . tbe left: of .,o• and al.Olllf t:lw w l.iaa ot South Slati •~ a 4.iat.uae of 30 ft. co t:11• axtandad S line of Naat Yal.• AYIUlue; thmlca on an ~l• to · t.h• left o! 90 • and al.0D9 ea.id liDa a dist&nce ot lSl ft. 1 ehaace on ·an angle ta th• left of43•44•30• & d.iat&IM:9 ot 33.45 ft. to t:h• t.r,a point of ba9inn.ia9; a&i.cl parc:el coDt:a.iaiJuJ .109 acres, acre or l•ss, in the County ot Arapahoe, St:.ata of Colorado. PAJICZL ••• a.ginning at the a conwr, lllf 1/4, 11W 1/4 ot lac. 34: Twp. 4 s, a9e. 18 If of tlle lt:h P .JI. 1 thaaca W alon9 the R line of Sac. H a d.iatance of 35' ft.. t:o the W lin• of lollth Slati Street ; thence on an an9la to tMI left of to• and along t:be W l i ne of South Blati St:z••t a d.ist:anc:a of 30 f:. to t:h• true -2- ,\ t · •\ : ~ <• • t ' ; ' t ! I , I I ! i t ;; ~ .. t •. ' .i r 4. J ~ ; j j • • i >) .., ~ i ·i'\ i ... l ' i ·11 d . 11 •.:.o.-···. j • • ·- ... : .. · .. ,. > ~· l \ ! I .1 ·1 . . ; ;£;). •,;,,f,,1 • point ot be9in.~in9: thenca continuin~ al.onq ••id line a dis -. tanca of 600 ft. to the ext•ndad H Iine of We•t Allberst Avenue ; thence on an angle to the left. of ,a• and aloc9 •aid line a diaui:ce o: 21.26 ft.: thane• on an ~l• to tbe left of 30° a 4i•t&Dce of 3'.S5 ft. to the Z liA• of South Zlati Street: tl'lenae on an an9le to the left of 10° a:i4 aloq aa14 line • di•tance of 58l.17 ft. to the s Una c,t W..t Yale A,,.n11•1 thuca on an &119l• to tlut left of to• a· cli•tane• of IQ ft. u tile t.rue point of be91mu.&l9: ·-capt t:ia euterl1 20.0 ft. tlleraof; •&id parcel CGJ1taillill9 0.550 acre•, aon or leH, ic the County of Arap&lloe, State of Colorado.· The party, Ollller or po ... aaor of -y ri9bt to tJle property vacated by t:hia eu-ct •hall aot in uy ~r n•trict, billcler or injure tile ri9bt of tha C.ity, ita usiCJIUI, appoiAta•• or lic•n•••• or their faciliti••· . Olllda.r ao circ:uaatuc•• all&ll any acti'lity talce place cb&t voalA claaa99, bi.ader or n•trict . t:Jla ue of the eu-at llr· ..._ C1ty, ita u•i9n• . &114 lic:en•••• or it• fac:iU.U••· tt •zn:r-........-r or-pos..nor- of ... tb• ri9bt to uy. portioc of . the prape.rty -catacl aball be . lliiile for any daa&9e cauaed ~ ·11: to tbe 1111da,rv=-c1· faci.ttti•• ,MiatJ.n9 or c:oc•truct•d and tbaaa au.rfaca cleTice• necuaa.ry. Sbollld aai11 tuance or COD•tructiOD be llllda.rtakec, · it • ab& U be tlut napon•ib~liey of the . party ill po ..... 1-to ·n,aowi tr-tbe •11rface of tlut ea.1 eaant any itaa oba~ th• IIIU.lltenance or couuuction., -IIO •=ct:ur• shal l be constructed on the •••-t other t:.IIMI noJ:!Ul! 9radin9 ar.d •Sllh&lt 811&'fac1Jlf for par~ or r-d purpo•••- The City •b&ll replace tbe •11rfac• of tba eu-t to iu noE9&1 9rade and npaiz anr aspbal.t .S-9ed or --4 in Cha courae of cocatruction or -iatenance. flle u•.1911•, appo.inta•• ·or lic•n•••• of t:be City, an4 -t tlle C1t{' llball IN reapoaaible to· :et urn the aarfac:e of the •••-t to ta --1 ,r .. • · and repai: ••ph&lt d&a&9ecl or -,,eel ia t:118 aoua• of -·~tion or aaintenaace of theiz exiatia9 faciliti•• or faciUti .. c:oa- •t:ucted in the future. Il!.troduced, read in full. an4 pa•••d on fir•t readi119 OIi t.~• 5th day of July, l977. Pwili•h•d u a au1 toz: an or£111&11C• on tb• uu day of July, 1977, •••d by Ut.\e alld paHed on fiaal readiat on tlle lit u y of A1&9U•t, 1977 . /· • • ,L' ------------ .. u-.. llf -1~ M OdiDallc:e 11o • ..JL_, kriaa of 1'77, . . . . ~--;;. t!:::7-~ • t!leJn day of&~. 1~~ ~. . r / &2"1aT1· · 1, W11JJ1w D~ 3aaU, 4kt llenby aer1:i!Y ~ t:!111 alloW9 u4 .tDnta~ la a U-, aocmrau· u4 caapleu copr of tJle. ~ ....... oa a.-i. na4lDI a11111pulJ.dle411r u~ -Olr'4!N-IIO • ..JI...• -:Le• of U 7. -----J ----l\ ____ ....:.. .. ·- ················ ·., • .... -------... • t • • • / ... ,, .. • I fl Xcel Energy- Mft: DNmllwJ,Jlll 10t l'ltOM: P.01 il»lllf•A• SIJIJKCT: ......._. ..-ror T..a&X projall NB fJSWW JaD.Un' 11111111111111--..... 750' of •• 111111 pipe O M.14/ft ~ llllnp, ... and Clpl XC8.. lnervy Labar 14 Manllaura O '4Mlr XCIL lnlr!W !qwpmant 8ft of Labor CannclDI' Lallar 240 Mlnhaurl O MGllr Contractar Eqp \a ••• l'lcllup .... 0110h ...._ ..... .... --I~ iu 1lirlaam ..... -.. Wllda'I Rig """9011Mr Tampw Z41n O '4Mlr --11D Ullly Tniclc 4ltn • ----.. ,.. 1RCII IC Iii ... .., IWO' 11wa' ....,./ GM- ·~-C..·•' -1aniL Mll.ll - ~--·····~ -.-=::;: .. ·:: ... -:~ ~~i~~- ~---····-·· .......... \ .-....... ~ ... -···, Al TITUI ·-• l '11 ] 1 ; I • j I ;..;, I j i ! A.:Blc>LlmoN AUTHOI-JZING Al"PLICATIONB 1'0& TBa IIJ08..III08 f 'fflANSPORTATION IMPROVEMENT PROGRAM. . WHEREAS, in the Transportation Equity Act (TEA-21) Metropolitan Planning Organizations have the responsibility to develop and approve the Transportation Improvement Program (TIP); and WHEREAS, the TIP program identifies the · ghest priority projects submitted by Colorado Department of Transportation (COOT), Regional Transit District (RTD), and local jurisdictions to be implemented over the next six years; and WHEREAS, a minimum of twenty percent (20%) mat.ch is required by the local sponsor; and WHEREAS, the passage of this Resolution will authorize the City of Englewood to submit applications on behalf of the citizens of the City of Englewood for 2003-2008 Transportation Improvement Program for the following projects: 3000-3400 South University Sidewalks 3000-3600 West Belleview Sidewalks South Broadway Streetscape Highway 285 Sidewalks Big Dry Creek Trail Construction; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sectjon 1. The City of Englewood, Colorado is hereby authorized to file the applicationa for the 2003-2008 Transportation Improvement Prosram. Sectjon 2. The Mayor and City Clerk are authori1A!d to sign and attest the applicationa for and on behalf of the City Council and the City of Englewood. ADOPTED AND APPROVED this 19.., of February, 2002. ATTEST: Beverly J . Bradshaw, Mayor Lo ucris h1 a A. E lli s , City Cler k I. Lo u cris hia A. Elli s , Ci ty Clerk for the City of Englewood , Colorado, hereby certify the above is a true copy of Re so lution No .~ Series of 2002 . Loucris bia A. Ellis COUNCIL COMMUNICATION Date February 19, 2002 Agenda Item 10 Ci Subject Resolution authorizing the applications for the 2003-2008 Transportation lmorovement Pro2ram ITIPl I STAFF SOURCE Ken Ross Director of Public Works INITIATED BY Public Works Department COUNCIL GOAL AND PRMOUS COUNCIL ACTION Council previously approved Resolution No. 3, Series of 1996 and Resolution No. 48, Series of 1999 authoring applications for three of the projects included in this application. Two of the projects (University Sidewalks and Belleview Sidewalks) are currendy included in the TIP. Re-submittal is required to maintain the funding. The South Broadway Streetscape project application was not funded in the two previous TIP cycles. RECOMMENDED ACTION The Public Works Department recommends that Council authorize applications on behalf of the citizens of th e City of Englewood for the 2003-2008 Transportation Improvement Program the following projects: 3000-3400 South University Sidewalks 3000-3600 West Belleview Sidewalks South Broadway Streetscape Highway 285 Sidewalks Big Dry Creek Trail Construction And that City Council authorize the Mayor to sign the application and the City Clerk to seal the applications and to certify that the City of Englewood will commit the required matching funds for any projects that are approved by DRCOG and incorporated in the 2003-2008 TIP . BACkGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED In th e Transportation Equity Act (TEA-21) Metropolitan Planning Organizations have the responsibility to d eve lo p and approve the TIP . The program identifies the highest priority projects submitted by COOT, RTD , and local jurisdictions to be implemented over the next six years . A minimum 20 percent match is r equi re d by the local sponsor, and in some cases a greater match is proposed in order to help the project sco re, o r if the project costs exceed the limits established by the MPO. There are over 50 jurisdictions com pe t ing fo r av ailable funding. Staff has worked w ith the Englewood Transportation Advisory Committee, th e Plannin g and Zoning Commission, and City Council to try to identify th e projects that wi ll sco r e th e bes t and th at ar e in the best interests of the ci tizens of the City of Englewood . FINANCIAL IMPACT There is p otentiall y $6 17,000 match ing funds being committed should all the applications score high eno ugh to b e incl ud ed in the 2003·2008 TIP . LIST OF ATTACHMENTS Reso lution A uth orizin g th e Ci ty of En glewood TIP Applic ation • t • .. ! • • ORDINANCE NO._ SERlES OF 2002 BY AUTHORITY AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE ARAPAHOE COUNTY CLERK AND RECORDER AND THE CITY OF ENGLEWOOD CONCERNING THE COLLECTION, DISPERSEMENT AND VENDOR RETENTION OF SALES TAX . WHEREAS, in compliance with Colorado Revued Statutes, the Arapahoe County Clerk and Recorder shall collect 3.5% sales tu due the City of Ens}ewood on the registration of all motor vehicles purchased by City of Englewood reaidenta; and WHEREAS, the City of Englewood has participated with Arapahoe County in the collection of aalee tax due the City on the registration of all motor vebiclea purchased by Englewood resident&; however, there has never been an intergovernmental agreement; and WHEREAS, Arapahoe County Clerk and Recorder has aaked that a formal intergovernmental agreement be maintained on an annual ba&ia; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: $ection I: The Intergovernmental Letter Asreement concerniDa the collection, disbursement and vendor retention of &alee tax, attached hereto u "Exhibit A" i& hereby accepted and approved by the Englewood City Council. Section 2. The Mayor i& authorized to execute for and on behalf of the City of Englewood. Introduced, read in full, and paeaed on first reading on the 19-day of February, 2002 . Published as a Bill for an Ordinance on the 22nd day of February, 2002. Beverly J . Bradahaw, Mayor ATTEST: Loucrishia A. Elli&, City Clerk . J. COUNCIL COMMUNICATION Date Agenda Item February 19, 2002 11 ai Initiated By Department of Finance and Administrative Services COUNCIL GOAL AND PRMOUS COUNOL ACTION The Council has not acted on this issue in the past RECOMMENDED ACTION Subject Bill for an Ordinance Approving an Intergovernmental Agreement Between Arapahoe County Clerk and Recorder and The City of Englewood Concerning the Collection, Dispersion, and Vendor Retention of Sales Tax. Slaff Source Frank Gryglewicz, Director Staff recommends Council approve the attached bill for an ordinance approving an intergovernmental agreement between the Arapahoe County Clerk and Recorder and the City of Englewood for the collection, dispersion, and vendor retention of sales tax. There has never been an Intergovernmental agreement in the past and the County has requested this be done on an annual basis. BACKGROUND, ANALYSIS, AND ALTUNATIVES IDENTIFIED Arapahoe County has collected and a remitted sales tax on motor vehicles in the past but has not had a formal intergovernmental agreement ' No other alternatives were identified. FINANCIAL IMPACT This action has no direct impact on the City's financial position . LIST OF ATIACHMENTS Pro p ose d bill fo r an o rd inan ce I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the lgtii day of February, 2002. Loucriahia A. Ellis .. 2 .. Arapahoe ®~~!! The Honorable Beverly Bradshaw Mayor of the City of Englewood 1000 Englewood Pkwy Englewood, Colorado 80110 Re: Intergovernmental Letter Agreement January 28, 2002 The Honorable Beverly Bradshaw: Tracy K. Baker Clerk & Recorder OFFICE 0, TH[ c:uitll • UCOIIOER 5334 South Prince Slrttt Llnlfflln. Colorado 8016<>-.JOOI Phone: 303· i95·-+200 Fu: 303·79'1·-+625 www.co.arapahot.co.us ckrlt@co.arapah«.co.us In compliance with Colorado Revised Statutes, the Arapahoe County Clerk and Recorder shall collect 3.5% sales tax due the City of Englewood on the registration of all motor vehicles purchased by City of Englewood residents. These vehicles may be registered at any of the otftces of the Arapahoe County Clerk and Recorder. No registration or title will be issued unless evidence of either payment or exemption of said sales tax is presented at the time of registration . The Arapahoe County Clerk and Recorder will transmit all funds collected daily to the Arapahoe County Treasurer, who shall remit 95% of the funds collected to the City of Englewood by the l S'h of the month following the month of collection thereof; retaining 5% as payment due for the aforementioned collection. The payment retained will be submitted to the County's General Fund. Tracy K. Bak Arapahoe County Clerk and Recorder 533~ S . Prince St. Littleton, Co 80166 The Honorable Beverly Bradshaw Mayor of the City of Englewood 1000 Englewood Pkwy Englewood . Co 80110 \IOT'Oa V[HICLC Lutl.rt"" Br .1nch Citic~ PO tl,Jx "006 LmJ.-c,.,x,. CO 301oJ -~ ?hon~· lOl -j Q 5 ... 500 ~.ix A)J -na-;s1ri11 MOTOa V[HKL£ Auror ,1 Br Jnt.:h \Jfflcc I Hot E. ll olf \vo Auror.1. (O ~ll F.uc . J.IJJ ·JOo~t,t MalOII vtlllCU S..UchoMC 8r.andl Ofllce 1:~E .v~i-Rd. 1w,ldl,,.c.s..oce1 E....-,d. CO IOII : F_.. JOJ ·o•._11'4 i ·)9 · J..cc~ Date Date IIICOMllNC su•s.,,._.St. Ult.._. CO IOI-.JOOI "'-' JOJ-795•-+520 i:.u: JOJ.,,.. ... u [UCT10N5 SJ34S. ,,_.St. l.lalolon. CO IOI o6-<IOOI ,.,.,.,.. JOJ-795-011 Fa. JOJ• 794--+toU i ~ + A • t (J COUNCIL COMMUNICATION Date Agenda Item Subi«t February 19, 2002 11 a ii Three Percent Admissions Tax INmATEDBY STAFFSOURa Alliance for Commerce in Englewood (ACE) Jan Johnson, Community Development COUNCIL COAL AND PREVIOUS COUNCIL ACTION • Goal: Business Devel opment • Previous Action: Creation of Ordinance 51, Series of 1976-Admissions Tax RECOMMENDED ACTION At the ACE meeting on February 14, ACE considered the recent Council counter proposal. After discussion, ACE reiterated that the initial compromise more dearly addressed the issue of disincentive created by the Admissions Tax and rejected the 1% -2% -3% counter-proposal. In addition, ACE believes there are indirect benefits to the City such as when other businesses relocate here to be part of the Englewood entertainment community. ACE continues support 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. Evaluation of costs and benefits to both City and business should be considered at that time. BACKGROUND, ANALYSIS, AND ALlHNATIVES IDENTIFIED 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 that calls for a two year temporary reduction to 0%, followed by review for elimination or reinstatement. 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. Scheduled for first reading on February 4, a counter proposal emerged from Study Session and the first reading was pulled. The counter proposal called for a reduction of Admissions Tax to 1% in the year one, 2% in year two and return to 3% in year three. The rest of this report is provided as background. No new additional information is included. ACE discussions have focused on the current business dirnate 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 efforts to attract new businesses to Englewood . ' ·• ' .. • • D . As the City pursues both public and private redevelopment opl)t)rtunities, venues that provide entertainment, 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 Enslewood South Broadway Co"idor Market Study (August 2000) as areas of retail leakage and void (page 24-25 and Table 111-JA 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 ownership of the Gothic Theatre and the conflict of interest inherent In the topic. In addition, ACE understands the City's goal to diversify the revenue base. A more diversified business mix will enhance the current revenue stream and may create opportunities for diversified rev enues. The cu"ent Admissions Tax may present a disincentive for those highly sought after businesses. In the tight metro market, regulatory and business climate issues such as taxes can be a determining factor in site selection. The advancement of entertainment opportunities will stimulat rc li e influx of spin-off businesses. For example, an exciting cultural attraction will generate more revenue-based business in the form of taxable sal.es from restaurants, specialty shops and others relat d businesses. The growth of children entertainment facilities will stimulate the development of toy stores, children's dothing and other play facilities . In the case of the Gothic Theatre, the Englewood regional draw must directly compete with Denver metro venues (the Ogden, FiUmore and Blue Bird Theatres) that do not charge Admissions Tax, allowing for an improved price differential in Denver. Denver currendy colects Admissions Tax on venues owned by Denver. Because Denver Is considered the most clrect compedlion 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 refected 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. 12o/o of the total revenues. Elimination of this tax, in the short term, would create a gap in revenues for the Oty 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 1800 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 subj ect to the tax, sending a strong retention message. In the long term, the benefit wil be the ' • • stronger placement of Englewood in metro wide competition for entertainment busin .es. ACE viewed the amount of revenue generated by the tax as outweighed by the possible disincentive when C9fflpedng against other communities for entertainment businesses, including restaurants that have cover charges for entertainment The increased diversity of the business community would provide more opportunities for additional revenue-based businesses, including restaurants, specialty shops and other retaff experiences. Other altematlves identlfted have included the compromise that provides a temporary tax reduction to 0% for a period of two years. This allows Immediate relief from the tax and may provide a tool for both retention and attracllon activities. UST Of ATTACHMENTS • Proposed Bl for an Ordinance • Page 24-2S and Table 111-JA of the En,lewood South Broadway Corridor Marlcet Study,~ 2000 • Ordinance No. S1, Series of 1976 • letter from Steve Schalk, owner of the Gothic Theatre • Table 13, Admissions Tax from the Colorado Municipal league TAIUill-3 S.. callclkll• wtil .. Ci,ntdarl9boundad a,, 13 parc:ant ...._, 1• and 1111, t'alowing adacllrlealfflDIW..,.1 ,._....._, 1117 and 1111. Among ...... in .. Cantdar. aa..., 11ac:ane. lllllly ~ ...._, 31and 31 ..... al: JI£ I .. A:IIIGNdbJ Broalatdge atappa.dmallty 30 ..-it, a-.,n•22 ,...._ G-.., at 11 percanl ..... L8111119 • W., •t• .............. al....,... :11111•tarwt11c11 ... ma,be llllll'lltdammdln .. tlllda--. .. m,1 71 llllfflaa d :Ith.id ..-al.-.ra.m•1121E11:1111 lwlar .. lDllll......,T,.. Ina. "811111i111a11•1a ••• 11•a1t1r•llll,all• .. .....,......._ .................... mallat_ ........ i.ut thald ..... ua. l ..... t.unhald I ' ....................... .. lndlcalw llet indMdulle ......... pcll1lan altlllrmane, aullldlal .. irnmedla fflMllt. Tllil phallCIIMHDhiallfllal ....... c:cn...iy, , ..... 11au,1hcllcl ................ 111111 ........... Ila lndcaaa llet .. communllr la ..... tam..,. ... ,,... br ....-v11111r1a ......... Cir,,... ........ ..... ~ 111-3 ....... • IUl'lllnayal ...... al .. ..,...,.br lllaadralEEl:1111--. ............... al ..... l ......... . ................ __ ....,,... :1111 1w. n. ...... ...,. lalllawldad ln~m..:sAon .. .._......_ &-.no~ VCIDANiua(SOOOs) Saum~ Ccmmca l'lalwlt'TUDI Aa1A CallgDfy , ..... ea,. ..... ......, -n..-. ~ S.-'-(OODI) lluilmaw..iab S39,4ll,llll J6,7'0 Food Sima 167,459,119 201,lGO ~· S6,16S,7l9 105,000 Applnl 144.'ll.ffl :ZS.OU Flllllilun 135,!IOl,"2 135,717 ... .t Drillllillt Sll,146,l!IO ,,.. .. Ea-. . m,-.,13 65,!Ql .. MeceP-•.m.m 176, .. ·~ 5-ca: CACIUatla Lad...._ _,LIIIM c---.0raup " Oto .. ...... (OODI) .,,,.2111M 11,104 m.m 14')44 37,117 --r..-._ ... ,_ - --------°'"'"' ---- . . .. . . . . ------- -------.. . --.... ----. - -------..----. . --- ------------------------------------....... --------------------- --------• --------.. -- --- --------• ----• -• ------------- ·'·· .. ....... :-.,. •I .•·.· • .. ~\·,;::·'.~' -------------.:: ~ ---------------···----------------------------------·----.. ----------------= ------------------···------""' -----···----.. --------------= ------------------·---"')~ -------•• tt = -~= -· --., ..... -··f._, - ------------------ The analysis indlc:at8s .. the trade .. could support addillonal ,...., cammercial space.,_........,... C....-MIPPN"aolfw .,. grNalt pallnlal and wtliCh may 1henlfor9 be ..... b' ContdDr .................. FoodlDll'*,-Yfn:lffl Home(le. ........ ) Ei_..111a1t(le. mcMe ....... lloak_.., camn--ele.) ~ (I.e. git--petlllopl. llartlla. ele.) Wlle .. Contdarll impor11nga lizlllle.,_.ollll...,ltrd,.... ..._fn:lffloullide .. PrtmllyTrade,,,_, ._. .. lldcalD,•ol laallagefarapeclk:trpaollllllll .... Appar9I &h JD!.aancl o..lllMachaldN .. tlllOljM1 Ill I gJ!tlab'whlcll .... 11 occuntng. A ..... lackol_,.ln 11111111 .-wll*l11wConldar. __..., • CDfflP8l9CI m ..,.contdarl 1n a.19g1an, 11 a cauN ol llili-.and lndlca*apolllllll ll*llltnictleb'newlllllll.-. mw4. (S-.. Apperdxb'llllngol pallnlll ..... appcnnla ... each ol .. identlled appa,11ftly ........ ) Aa shown in--111-3A(VOldAnalrlil), tllelW .. eppla.dmaaly 790,000 m 1 m111an 1q1Ser.tol ,....._._apace In.,. 8rQadway Conldar wllllin .. c:alllgOnN idenlllled. The ........ camalna. f9lalllMly 1nldllianlll mix ol ~ ...,._ ... found In fl'IOllc:anldrn and older CDllllMl'Cilll ....... cenln, Aa gn,wtll In the fflllllll's ..UJ .. baNcantlnua, unb tum CMrandrarilllian. and11wConldllr ..... and lmprovaill_...11»; ... wlbelllCN I 1deffllnd11Dra ..... wriely ol lllnl. inc:ludlng lllllgtlborlloO •iwwtna .............. .. ment ..,.._ Nt*: .,,,.,..,,.,.,,,....,,,, • ,., ...... ... ---·--· DepMdng-onll»,,..,,,....,_,.......,, p,nwdbyll» C.f.H II» Con(dart:.,.,_,IO~_,...,_o, *nandrtlll/hinll» ... ~~ - A..,IO,_~ ... -. ,_,,, IO.,,,,.,-Sot/Ill...,._, M)ar) /lo.,,,,,,,, ..... ...,,. .. IOllol• ,,.,,,.,... "'-"" s., 0011" Sot/Ill......,. 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 ENGLEM:>OD MUNICIPAL CODE, BY ADDING A NEW ARTICLE III THERETO, LEVYING AND FIXING AN EXCISE TAX IN THE AMOUNT .OF THREE (31) PERCENT ON THE PRICE PAID TO GAIN ADMISSION TO ANY PLACE OR EVENT IN THE CITY, WRICH 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 dete%11lines 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 ana events in the City, which are open to members of the public. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COORCIL 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 Tax Based on Admissions Definitions · Place or Event Open to the Public Taxable Transactions Exempt Transactions Refunds -1- 9-2-38: 9-2-39: 9-2-40: 9-2-41: 9-2-42: 9-2-43: 9-2-44: 9-2-45: 9-2-4,6: 9-2-47: 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 Conflicting 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, every person who pays to gain admission to any place or event, in the City, that is open to the public, shall pay, and every person, whether owner, lessee or operator, whocharges,or causes to be charged,adaission to any such place or event,shall collect the tax imposed by this Article. 9-2-32: EXCISE TAX s.,SED ON ADMISSIONS On and after 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 addit;on to all other taxes .i.mposed by law. 9-2-33: DEFINITIONS When not clearly otherwise indicated by the context, the following terms, words and phrases as used in this Article, shall have the following meanings: (a) Identification. The tax levied herein may be identified as the •Englewood Adaissions Tax.• -2- (b) "City• means the City of Englewood, Colorado. (c) "Article" means Article III, Sections 3lthrough 47, inclusive, Title IX, of the 1969 Englewood Municipal Code, as amended. (dl "License Officer• or •city License Officer", shall mean the Director of Finance of the City of Englewood, or his duly appointed designee. (el "Person• means and includes any individual, firm, co-partnership, joint venture, corporation, society, club, association, joint stock r.ompany, estate, or trust, receiver, t stee, assignee 1 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-~4: PLACE OR EVENT OPEN TO THE PUBLIC The term •place or event open to the public• .. JDeans 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 whe a charge or fee for admission to such places and events is placed upon members of the public: (a) Any performance of a mction picture, stage show, play, concert, or other manifestation of the performing arts. (bl Any sporting or athletic contest, exhibition or event, whether amateur or professional. (c) Any lecture, rally, speech or dissertation. (d) Any showing, display or exhibition of any type, such as an art exhibition. -3- (e) Any restaurant, tavern, lounge, bar or club, whether the 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 tax 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 by this Article: (a) The United States Government and the State of Colorado, its Departments and Institutions, and the political subdivisions thereof, including the City of Englevooc!, only in their governmental functions and activities. (b) Religious, charitable and quasi-governmental organization• 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 any reason, either before or after an event has taken place, the tax is not applicable and shall be refunded along with the admission price. 9-2-38: FREE OR COMPLIMENTARY ADMISSIONS, ADMISSIONS AT REDUCED CHARGES The providing of free "passes•, •complimentary• admission tickets, or otherwise, where no admission price is charged or paid, shall exempt said person -4- .. t .. • • frcm payment of the adaiasion tmo however, in the event that a reduced charge for adaiasion i• made, whether for a pa••, coapliaentary adaiaaion or otber- wiae, the tax imposed in thi• Article i• applicable to the aaount of auch cherge. 9-2-39: CITY ONRBD PLACBS MID CITY SPOHSORBD BVBll'l'S The tax levied by thi• Article ahall not apply to any adlliasion fee paid or charged to gain entry into any place owaed by the City, or any event sponsored or conducted by the City. 9-2-40: LIABILITY, LICDJSBS A11D &P01l'1'I1'G PROCBDUD The burden of proving that any tranaaction i• not aubject to the tax iapoaed herein, aball be upon the peraon upon vboa the cluty to collect the taxi• illpoaed by Section 31 of this Article. 9-2-41: LICDSB OffICBll MY aamg Dl'Oll'l'S The City LicenH Officer •J' zaquin any person to aake auch return, reader aacb atataaant, or keep anc! furnish aucb recorda u the Nie! LicenN Officer -Y 4eea sufficient an4 nuonable to abow whether or not aucb peraon is liable 1IDder thi• Article for the payment or collection of the tu iJlpoNd berein. 9-2-42: DSJIORSIBILifl !'OR COLLIIC'1'%0II AIID ltmliftAIICB of tli Every owner or operator,vbo charges or cause• to be charged adaiHion to any place or ev.nt that ia open to the public, •ball be liable for the collection anc! remittance of the tax levied herein. If an owner· or operator of a facility le ... • or rent• aucb a facility to another party, vbicb in tum aponaor• or conduct• some public event in •ucb facility, tben such owner or operator ahalL be relieved of the liability of collecting and r•ittincJ the tu,only if the party to whCIII the facility i• leaaec! or rented ia, at the ti.lie of auch leaain9 or rental, licensed to collect an4 rem t the tax. -5- 0 • 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 report 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 admission to a single performance of a concert, reports and remittances shall be due within five (5) calendar days of the performance 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 iaposed in the amount of ten (101) percent of the tax liability; and the total U10unt due, including tax and penalty, shall bear interest at the rate of one (ll) percent per mont_Jl, or a .fraction thereof until such reports and remittances are received by the License Officer. 9-2-45: CITY LICENSE OF!'I.CER EMPOWERED TO MAlCE RULES AND REGULATIONS The City Li~ense Officer is hereby authorized to promulgate rules and regulations regarding the payment, collection, reporting, and accounting criteria and periods, settlement of disputes over payment, refund and enforcement of tax iaposed by this Article. Said rules and regulations shall not be inconsistent wi~h the provisions of this Article . -6- .. ; • t ... • • 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 42 of Chapter 2, Article IX of Article IV, entitled, •Miscellaneous Amusement Pees•, and •closing Hours -Miscellanecus Amusement Houses•, respectively, are hereby renumbered as follows: ARTICLE IV -MISCELLANEOUS 9-2-S-O: MISCELLANEOUS AIIUSBIIBIIT PUS 9-2-51: CLOSING BOOBS -NISCBLLMBOOS AIESJDID'l' aouns Introduced, read in full an4 pasNd on firat reading on the 4th day of October , 1976. Published as a Bill for an Ordinance on tbe 6th day of October, 1976. Read by title and passed on final reading on the 18th day of October, 1976. -7 - Published by title as Ordinance No. 51 , Series of 1976, on the 20th day of October, 1976. ---- ATTEST: I, William D. James, do hereby certify that the above and foregoing is a true, accurate and ccaplete copy of the Ordinance, passed on final reading and published by title as Ordinance No. 51 , Series of 1976. • Issue: Englewood 3% admissions 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 of the community and city council. The cultural arts organization in Englewood has done a feasibility study on a propoeed 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 entertaimnent industry. Making Denver an overwhelming favorite for cultural arts support and promotion. Englewood City Council cm begin supporting cultural arts by supporting the Gothic Theatre. No mauer 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 are DO other supporting buainesaa 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 K•nftnao The previous Gothic Theatre owner focused bis energy and capital on the ()pi in the mid 1990's when the City of Denver gave the Ogden $100,000 to help l'llltore the lti1l nm down historical venue. The Ogden hu DO commitment to pay this money back. The Ogden is the Gothic Theatre's main competition. Considering the incentives Denver gives •lhe Ogden and the 3% admissions tax the Gothic pays the City of Englewood, the Gothic is always at a disadvantage. The Englewood cultural arts study empbMizea 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 3o/o admissions tax and making Englewood competitive with Denver. The additional marketing that iii 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 ofbusinesses that make Denver come alive at night. is a great draw. The Gothic Theatre maintains a high profile in the metro Denver mmet by running extemive advertising in print and radio. The Gothic Theatre advertises with The Rocky Mountain News, Denver Post, Westword, and the Onion newspapers. We co-promote numerous shows with Clear Channel, which operates KBCO, KTCL, KBPI. and the FOX radio stations . KUVO helps us promote jazz shows . Anbeuler-Buach. our beer spomar, provides us with even more radio advertising. We have an in boUle paphic artist and desktop publishing system to output thousands of l lxl7 posters and Oien weekly. Certainly the Gothic has to advertise in order to promole shows, but a lot of extra spending goes into drawing folks to Englewood, a non-destination spot. It's a risky ' ·' ,· • • 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 11111 and entertainment to follow. The Gothic Theatre bu national recognition among artilta, apnts and record labels as a premier concert ball with history, an art deco style and a world-c:lau sound system. The glamour and exciting idea moat have of the rock and roll indumy comes with enormous risk and speculation. Nalional artisll put tours toptber and clubl like the Gothic make offers to an agent for an artist baled on a pannteed amount. wbicb we pay in advance of the performance. On avenge. talent panmteea are $4000 but can be • high as $25,000 for one night! Whether we attnct 1 pcnon or 600, whelmr it rains or snows, whether we have power or we don't. the band ltill pa paid and the Godlic is taking a risk. This is a far different risk than a buaima that otren a product or la'Yice. All cultural 11111 events have numerous vlriablea that often can't be be11en. which can make or break a abow. Ultimately the artisaa drive this biply competitive lllllket and a proven artist coata more. We compete with the Oaden and the Bluebird for this biply sought after talent. The apot and artist know Denver, Bnglcwood is a banter IOI!. All these factors drive an artist's guarantee to an inflated price maldq it bird to cover the guarantee from ticket sales. The Gothic dependa primarily Oil CODCNlicla income to bear the strain of this risk. When it all comes together it's beautifbl. and I'd bet some of you have been to the Gothic for a great abow, but were you here when only 25 people paid? I will even admit that at one abow we sold only one ticket. I WII here. So llllllY &ii in entertainment becaUle artist COltl are ao biab aloa& with the venue. sound. and lipta. Only the moat pauionate promoters survive. So sensitive is the ticket price that a 3% admiRioaa tax does have a market impact fbr the Gothic when om competition baa so many advantapa. Stop taxma cultural ... palrCIIII. The Gothic Theatre wa built in 1929 and has been offerina a aoun:e of fine entertainment for generations. Englewood -reaidmta all have memories and lkJriel &om the Gothic Theatre and now new memories are made each day an artist llepa ODliO the stage Year2000 # Of persons: 90,000 Age Demographic Breakdown: 10'/o 16-IBYrs 65% 18-JOYrs Ticket Sales: $456,742 Artist COit: $385,218 Profit: $71,524 Year to date 2001 (8 IDOldba) 75,000 25% 30 and over $533,641 $351,480 $182.000 These numbers a.DI include any opcratina COltl. salaries. or pmm.oooaal COiia. JUlt Ticket sales and I''* box office ales. • • .. I •------·--------~--.l -' "' 1 , I :a:-. ~ I I • ! 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'!1 •r p ![•1, I I" 4 J i~iJ I I 1! ff .,. , I I I'll I I ff I I (,I I !1:1.f I ~I t1 I :, 111 •ti 4 i 4 iflt ti! ~ 11•1 !f If . ~ lift ... ,.i . z J'(j .l1h z 1! ,,! It f ,,, • rt 11° ir ,,. .,. I 11 1 1 : :, :, I I I I 4 • " ' . • ·-·-, __ .......... --' ~----~ .......... -----·--,_ . .......__. --....... ........... , ....... ------·----..... ·-·---·-<>--·- t-..... --.... ·-·-...... ·--___ ..... ._,. n--~ ... ----·-----·a....."-,_. __ _ _ ......... -- ~-----_ ... . . . ' . . -- ... -------..... ---. . -...... "'" --... --.. -.... ·----. . ...... ----.... ------------------------------·----------......... --• --. --------------.. -----------• -----• -• -· ----..... ---------....... --------------... -------------------------. -• ---. -• --- ------------------------------- -- ;;: . ;; .s .. ·: /{'"·1 . • ... :,.,. • ..f"', .. ...,.., ... ··~·: . .. , •. ~~··t~·:.'-~ ~ .• ?;; ...... •"!" .. ..: •• -·J':r· -:;.Ji.··, .. , 1 · ...... ,!;·· -..... -·~·-. ...... ... -..... -· .. --... --------·------------··----··------------!.:,_ • \, -------------' -------------------- ... < . ;}. ~;, .:· · · ·rr'rlt ·' ..... ·~;;.·r ··· {:.,i(·j.t; :· . -...... ---·.;:.:.~ -------------------------------------------------------- ------... ---... --.. --.. -------.... ----. --- ORDINANCE NO._ SERIES OF 2002 BY AUTHORITY P:~i ~-. CJ11i111C11. BILL NO. 3 INTROl)UCllD 8Y COUNCIL ....... M09R.BIQAMBIPI' AN ORDINANCE AUTHORIZING THE TEMPORARY ADMISSIONS TAX REDUCTION FOR A TWO YEAR PERIOD. WHEREAS, the City of Englewood eatabliahed an Admiaaiona Tax with the pa888ge of Ordinance No. 51, Series of 1976; and WHEREAS, the Alliance for Commerce in Englewood (ACE) recommended elimination of the three percent (3%) City Admiaaions Tax on those buaineaaes that charge admission pursuant to Ordinance No. 51, 1976; and WHEREAS, ACE supports the development of a diversified buaineaa mix, including the addition of businessea that charge admieaion for entertainment and other public events that expand commercial activities in Englewood; and WHEREAS. ACE undentanda the City's goal to diversify the revenue base; and WHEREAS, a more diveraifiecl buaineaa mix will enhance the current revenue stream and may create opportunities for diversified reven-: and WHEREAS, the current Admissions Tax may present a ctisincaative for those hipJy sought after busineues; and ' WHEREAS, in the tight metro market, n,u)atory and buaineaa climate iu-such as taxes can be a determining factor in site 11election; and WHEREAS, a temporary Admissions Tax reduction to 0% for two years may help diversify the tax base; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COi ENGLEWOOD, COLORADO, AS FOLLOWS: 'L OF THE CITY OF Section 1. The City Council of the City of Englewood, Colorado hereby authorizes and approves a temporary City Admissions Tax reduction to 0% for a two-year period and at the end of those two years the City Admiaaions Tu would be reviewed to determine reinstatement or elimination. On January 7 , 2002 first readin1 was continued until Fsbruary 4, 2002. On February 4 . 2002 first reading was continued until February 19, 2002. Introduced, read in full and paased on lint readiq on tha 19* day of Februar:,, 2 002. -1- t ·:O. ... • • Published as a Bill for an Ordinance on the 22nd day of February, 2002. Beverly J. Bradabaw, Mayor ATTEST: I.ouc:riabia A. Ellia, City Clerk I, Louc:riabia A. Ellis, City Clerk of the City ofEna)ewood, c.olondo, hereby certify that the above and foregoins iB a true copy of a Bill b an Ordiunce, intloduced, read in full, and pasaed on fint reading on the 19th day of February, 2002. -2- r~ ....... - • 4 r, Dan Bn>tzman 02/19/2002 09:47 AM To : John Moore/Oty of EnglewoodOCOE cc : Gary Sears/City of EnglewoodOCOE (bee: Lou Ellis/City of Englewood) Subject: Re: Big, big question ;J Gary and I Just spoke with Lou EIits. Your name as well as Doug's are on the BIii because you both made a motion to continue. As soon as someone moves the BIii, their name wlll be substituted. Lou has asked the paper to remove the a,rrent names prior to publlcatlon In the Herald. Dan John Moore t ~ John Moore 02/18/2002 06:24 PM To : Gary Sears/City of EnglewoodOCOE, Dan Brotzman/City of Englewood~ cc: Subject : Big, big question Tomorrow night, we are to vote on the admissions blx Issue. Much to my surprtse, I appear to be credited with Introducing this bill. As I'm sure you both well know, this bill ls not my Idea! can you remove my name from the blll before the council session? N0.'1/ iES OF 2002 A IISOl,UTION APPROVING THE SUBDMSION or PROPBRTY LOCAT&I> AT 4660 f SOUTH WINDERMERE STREET FOR THE STANFORD CENTER SUBDMSION. WHEREAS, an application for the subdivision of a 2.34 acre industrial site into two lots was received from the property owner, Toil Management, LLC; and WHEREAS, the property is located within an area bounded by West Stanford Avenue on the north, West Tufts Avenue on the south, South Windermere Street on the west and South Navajo Street to the east; and WHEREAS, such property is currently unplatted property and Title 10, EMC requires that unplatted property be subdivided by the Major Subdivision proceBB; and WHEREAS, no minimum lot size or street frontage is required in the 1-1, Light Industrial Zone District in which this property is located; and WHEREAS, the total site comprises 2.34 acres with the proposed s ubdivision creating two (2) lots; and WHEREAS, the smaller lot will be .61 acres and is currently vacant except for a small, fenced portion of the Lot that is leased as a contractor storage yard, which use will be abandoned when Lot 1 is developed ; and WHEREAS . Lot 1 is proposed as a corner lot .61 acres in area with street frontage on both South Windermere Street and West Stanford Avenue; and WHEREAS, the larger lot will be 1.73 acres and contains~ offices and printing facilities of Dataworks; and WHEREAS, Lot 2 is proposed at 1.73 acres with a South Windermere Street frontage; and WHEREAS, the zoning of the area w presently 1-1, Light. Industrial Zone District and will remain 1-1 ; and WHEREAS , the Englewood Pl a nning and Zoning Commission held a Public Hearing on t he proposed Stanford Center Subdivision on January 8, 2002 ; and WHEREAS. the Englewood Planrung and Zoning Commission approved the Stanford Subdivision Preliminary Plat with the condition that the Final Plat of the Stanford Center Subdivision be prepared identical to the Preliminary Plat at their January 8, 2002 meeting; a nd WHEREAS , that final Stanford Center Subdivision Pint identical to the Preliminary Plat. has been s ubmitted a nd 1s attached hereto as '·Exhibit A "; :'\U \\' THEREFORE . BE IT RESOL\"ED BY THE CITY COUNC IL OF THE CITY OF E. '<:LE\\'OOD <'OLOR.\00 THXr· Sectjon 1. The City Council of the City of Englewood, Colorado hereby approves the Stanford Center Subdivision Final Plat attached hereto as "Exhibit A". ADOPTED AND APPROVED this 19th of February, 2002. Beverly J. Bradshaw, 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 ._, Series of 2002 . Loucriahia A. Ellie -- Cl COUNCIL COMMUNICATION ~ Subject Final Plat Date Agenda Item Stanford Center Subdivision February 19, 2002 11 Ci INITIATED BY STAFF SOURCE Tricia Langon, Senior Planner Toil Management, LLC 5543 South Franklin Lane Community Development Greenwood Village, Colorado 80121 PREVIOUS COUNCIL ACTION There has been no previous Council action concerning this matter. PREVIOUS PLANNING COMMISSION ACTION The Planning and Zoning Commission considered the Preliminary Plat of the Stanford Center Subdivision at a public hearing on January 8, 2002. Two members of the public were present at the hearing. The Commission approved the Preliminary Plat and directed the applicant to prepare the Final Plat. The Commission then voted to forward the Final Plat to City Council with a recommendation for approval. RECOMMENDED ACTION Staff recommends that Council approve the Final Plat of the Stanford Center Subdivision, which proposes to subdivide an unplatted industrial parcel into two lots. BACKGROUND The subject property is addressed at 4550 South Windermere Street and is zoned 1-1, Light Industrial District. It is located within an area bounded by West Stanford Avenue on the north, West Tufts Avenue on the south. South Windennere Street on the west and South Navajo Street to the east. Surrounding property is zoned 1-1, Light Industrial District and contains typical industrial district uses. Adjoining the east property line of Lot 2 is a nonconforming residential use . The residential use is zoned 1·1 and is subject to 1-1 District regulations. The area across South Windennere Street from the subject property is Regional Transportation Distric t Light Rail right-of-way . The unplatted site co ntains 102,308 square feet or 2.34 acres . The proposed subdivision creates 2 lots; the larger lot is 1. 73 acres and the sma ller lot is .6 1 acres in area. The site is occupied by the Dataworks, a prin tin g com pany, which plans to retain both parcels. The intention of th e proposed 2-lot subdivision is to split the properties so that Lot 1 can be used as colla t eral for development of a new office building on that lo t. This action removes potential financial encumbrance to Lot 2 when Lo t 1 is developed. The applicant/property owner plans to retain both properti es . ANALYSIS Titl e I 0 . Land Subdivisio ns , of the Englewood Municipal Code requires that unplatted property be ubdi\idecJ throuith the l ajo r Subdivision process. The property is curr ently a single unplatted parcel of I 0 ~. 308 square fee t o r ~.34 acres . The proposed su bdivision c reates two lots; Lot 1, .6 1 acre and Lot 2. 1.-3 aHes 111 .1re.1 . Tht:! pro posed ,ubd1v is1on b LOnsis ten t with th e Comprehensi\,e Plan , w hich designates the ~Il e ,1s p,irt o t a general indu,tnal area . t ... • No minimum lot frontage or minimum lot area is required in the 1-1, Light Industrial District. The Lot 1 is proposed as a corner lot .61 acres in area with street frontage on both South Windermere Street (101 feet) and West Stanford Avenue (206 feet). It currently is vacant except for a small, fenced portion of the lot that is leased as a contractor storage yard. This use will be abandoned when Lot 1 is developed. Lot 2 is proposed at 1.73 acres with a South Windermere Street frontage of 318 feet. It contains the offices and printing facilities of Dataworks. Although not necessary required, access to both streets will be provided by a private access easement in order to promote on-site traffic circulation. Two 1 O feet-wide private easements across Lot 1 provide W':lter and fire line water and sanitary sewer to Lot 2. It is proposed that when Lot 1 is developed the service lines in these easements will be used for the future building Lot 1 and service to the existing building on Lot 2 will be supplied from South Windermere Street The private easements can then be vacated. The seven City departments and divisions comprising the Development Review T earn reviewed the proposed subdivision. All identified d evelopment issues of the proposed subdivision have been resolved. No streets or alleys are proposed within the subdivision and no dedication of land is required. Water and sewer, along with electric, gas and communication utilities are currendy available to the site. Drainage and surface water easements have been provided on the plat FINANCIAL IMPACT No financial impacts to the City are anticipated with this subdivision . LIST OF ATTACHMENTS Resolution Staff Report Findings of Fact Final Plat ---I I ------------1, ---,,. : i; i ~"' 'I I " ~ \ a: ~r," !·1 ~ ; ~ u w ,-r.r .... ~.nsv:.. "" I • I r.r..r ,,:J'.:A.i-,--,·1 ! : I : I -i---·----;;_-. ____ L ________ .,,_ ______ LLJ, _____ _ WaD& ~ TUP'l'S AYINUB -----·---,.:. r.-.-_-;;: .. ::u.:-~; .== .. ::-.,.-.-~.-.. ~-: .. -~ ... :; __ -.; •• -~ ... :~.:9---=- / I cl -- ZONJNGNOTE I ! --(SEAL ) _. . .._ ... _ STANDARD NOTES (!) IIIIIIS fl/I mo 111111: 3 -12 -2001 1MIU 3 -15 -2001 ® :111&.o.-11e."°lo'n=~~~ =-~~'==,,,~:«--=:~~::~· -11r, 2001 AT 1'.JD A.IL IY ~ mu: --CIJIWWfr. (JI ~~ ~~~s,=_-aa: -~ tMJTC. (I) ~ STAll U11 CIIS t-1.&-~ID nw -~ TO =.;:.:: -:rr:~-.c~ ~-c:..:r.-;y~ 0, --11111 J) .... ---'IOU 1111. Clll 1::.::iit-1 OIi 136-1100 N M ll[IIIO DOM• MU, TO ---<!> -------~(A.II }. Ul&DI -IIIJltD, (t --IO-M~r:,IMS~· A.) Cfff fl/I ----~ I . T. 5 S.. II. 11 II -1G. 0-IISJ.001 9UT IIO. It r:, U , lllll'ID lll'Y 1174 1.) M a&.tlVllal UNI IIU -or 9lallCT -" IIIIDQ( -111111D .... l llltl. , .. ,. C.) 1tC -""' fl/I ...,., l1llltT --- D.) .. -""' fl/I -...c s..-.-L) ___ .. __ ,_, _____ _ G.) ~ ---tOIIIVl'IICZ - APPROVALS lfA n>lt o, J'IIS CTTY o, IINGl6f'OOD COUNTY. STAT£ Of' COl.OAAOO AT __ o·ctoc~ II • ----AO . 2001 R(C[PTl()N ~ ---- P.IG[ NO(S) ---- [IY'. BY . CWIK ANO R(CORO(R THE FI NA L PL AT OF STAN FORD C E N TER SU BDJ V 4550 SO T H WINDERMERE TREET PART o, THE NE t /• ft PA RT OP NW t I • o, EC . 9 . T ~ S .. OJ' TH! 9TH P II • CITY OP E CU:WOOO , COUl'ITY o, ARAP AH OE. STA COLOIIADO SNGINmlNG .. 8VIIYaYING INC.. s-670 SO. 8HSRMAN ST. tl2, ENGLEWOOD, COLORADO 80110 (303)-761 -8055 I I --... ------1, I I I i • i .. \ t. ~., ~ I a: · 11 I I 11 --~-----J-Ki_J, _____ _ ,-----·-_________________ J::7---- -1/2 0, -U. 1/4 0, -IU. 1/4 0, -t :::__./ VEYORS CERT/FICA TION /SEAL/ -- STAIIDARD NO'lES cP 111fi'IP1lll'ml='l -·--I-~ 4D _,,, ..... 1-11-a1111111-tS-al'I • a111.nc."l.,..tm11 a....,,...- !•'Rf.-':.-&r·· <t 11•t11Br.r.1.1l,':rW ... .....,..,., • • ml\f'.Ml~'fl-C, .... flt,...2-e. ('» ~--==-------.-.tu.). ·--·---·--A) Cll'l'r, ___ _.._I.T.ILa.•w. --~----,··~ __ ..._ IJ ~-..r:1...-=.....,· C.) __ .._ • ._....,_._._ IJ --... ·--··--..r I.)._ ____ __ ,., ____ ._..._ &)mN'f---~- -----------. -· ------------- APPROYAJ.S - ,...... If Harr 0, DQDIODD PUIIIIIIIO --coiae9ION 1MS ---0, , 1001. • ---·-...-.. --Dill[ ._ .... aw ........ iilrW CLERK AND RECORDS CERT/FICA TION ICCIP'IID ,aa PUa • 1tC OfflCI: OI M Q.1111 --01 - caurt, -0, CIIUMID. III __ O'allCK_.11., ON lMS __ DIIV 01 ____ AO.. llDD1 MiCU'IDI ID. ____ , IOOII NO. __ _ .. ____ _ --- THE FINAL PLAT OF STANFORD CENTER SUBDIVISION • ftl na. PJL. Clff .......... CXIUlffY OIi dAPAIIOI. STAft OIi COUIIIADO ac SURVEYING INC.. 3470 so. SIIJIIIIIAN ........ JINGLSWOOD. COLORADO 80110 (aoa)-TtU-80&6 CD f2001-1 HO ----. ,. . SCALI: 1• .,,, -= 50' -· _.,_ ...... ..... T.I&. ................. I I I I I I I I / ,I I ·1· I I ! ! Li- I I ..alFAn. I THE FINAL PLAT OF STANFORD CENTER SUBDIVISION PART OF 77IE NOR11IEAST' J/4 AND PART OF 77IE NORTHWEST 1/4 OF SECTION~ TOWNSHIP 6SOU111. RANGE 68 WEST OF 77IE 6711. PRINCIPAL MERIDIAN. QTY OF ENGLEWOOD. <XJUNTYOF ARAPAHOE. STA TE OF COLORADO BASISWB&WN:iS __ ..... _,,. ..... _,,4r,--.. -·---.. ·--l/'·lMt-1/4 :.'=I~'\:~:.:.:=-=-=~"' FUJQDQ7l118CA770N a.D'Al'llllfff~ .... 'lll.'111nt, ... -' I 1' I I I I I I _____________ _J LEGEND --------------------...a 1S1111N,... • 111111D -_,. __ ... _____ ........... .._.. LN. --------_,...._ ,_ • ~..t'"..:r.i 1'JII = ~.,..-=- -1 .. 1-e. . ---·-- YICINITY MAP NOT TO SCALE DEDICATION -AU ll[N 11'1' lt1CSE PRCSCNT5; Tl<AT TH[ UND£RSIGN[l) ~ T*T Tk£Y MC TH[ 0WNCRS or A PMCCL or IN«> LOCATED PMTl. Y ., M 50UTHW[ST I/ 4 Of lH[ --1/4 NC) PMT\.Y IN lH[ SOUTllEAST 1/4 or lH[ -™"EST I /4 or SCC1ION I. TOWNSHP ~ SOVlH , -68 W(ST Of lH[ fTW PIIINCIPlOl. YCIIIDWI, CITY Of' ENCUWOOO, COUNTY Of' ~ .. STAT£ Of' COt.OIW>O , YC1RC PMTlCIJlARI.Y OCSCRIIICD AS FOU.OlrS : BECNalC AT A POINT 117.8 fUT WEST Of' THE -1HCAST COIINDI Of TH[ ~~~~~ ~'M~ ~=:;?"'THC~~ SANTA RMJIIW>, Al.SO KNOWN AS A!CMSOH, TOPCKA Nl/0 SANTA f'[ RM.•Y. WIT>< TH[ or THE SOUTH£AST 1/4 Of' TH[ ~ 1/4 Of SA10 SCC1ION I. RUNNING 2~1 ftn; TH[NC( 50l/Tl1 441 .8 FUT; TH[NC( WEST 340.8 ftn TO SAIO £AST .._ TH[ RIGKT Of WAY or TH[ OEMICR Nl/0 SAHTA f'[ IWI.IICW>; ll<CNCC -™ I I I)[ 32 -,rts 00 S[CON05 £AST Nl/0 AlONC SAIO £AST LN: Of THE RICKI or •Y TH[ OCN\IEA NIO SAHTA f'[ ~ 450 rm. MOR£ OR L£SS , TO Pl.AC( or BE CXCO'T l*T PNfT T'H(ll[or COMl['t[[) TO -N<Of. COUNTY r0A COUNTY ll(W) IN D[[I) llfCOIIOCD $[~ 28, 1150 Ill 800I( 892 AT PIIG( 121 , NC> OIC(PT Tl<AT POllllON or THE A80IIE DESCRIBED PARC£lS COH\IC'ltD TO - COUNTY IN 1)((1) R[COIID[I) MMC1-< 12, I~ IN 800I< 4J9J AT PACE 194, COUNTY or -#f/X. STAT£ Of' COI.OIW)() . CONT-A TOTAL MCA or 102.JOII 5QUAIIC f'[[T OR 2 . .l49 ACMS. THE UND£RSIGN[l) OWNERS 'IO\IE 11'1' T>4CS£ PACSOIT'S I.Ml OUT, PLATTCD Nl/0 si-,m TH[ S-: MO PARCEI.S AS SHOWN ON THIS PLAT UNDCR TH[ ,_ Nl/0 STYlE or "STANrOAO CENTER SUIIDMSl()N", AND 00 H[ll[!rf OCDICATC TD TH[ PU8UC AU RIGHT -Of'--~ Nl/0 CASCWCNTS f'OA TH[ PUflPOSCS Sl«- HCREON . EXCCUTCD THIS ____ DAY or ______ , A.O . 2001 OOINCll ______ _ NOTART PUlll,g S1Alt IS CQ.OIWJO COI.O<TYOl'-"'41)( HOlOCR Of' DECO or TR\JST -IS - PLAT OF STANFORD CENTER SUBDIVISION 'OR17-IEAST 1/4 .AND PART OF 17-IE NOR11IWEST 1/4 OF SECTION i SOUTH. RANGE 68 WEST OF 17-IE 6711. PRINCIPAL ME,'1/DJAN. 'GLEWOOD. COUNTY OF ARAPAHO£, STA 1F: OF COLOf HJO BASISQFBEARINGS --.. ·--·,··--,,.C.,_I, -·----·--,,. ... _ ,,. :.= li:'J..'1: &:i:.::.: =-==~. FUXJD<ER77FICA TION ag',111in'.,....... ..,. -.,-,.r:.. ... -• LEGEND _________ .._ ---------1111r--·- -----------------~- . ---·-- • ~VENUE-___ -•1·,n~ "!!....!!'•in, .. .,... .. 11111' •...... _ __ _ _ /\va ____ ____..,.~ ·----·--a: -r \ ----..r----T,·-------------~..-....-.19 .. ii'iimi i T. • &. & la W. ---·-·---· ... ! \ a•r&- 1' .) I I I I ___________ _J I/ :1" ~ ma11D ... ______ °'------· ,Jl. 2001 ----------. .. ---.. --w: ,...,..--r -·--·- ICIUD OI 111111 a, 1IIUIT ------ICIUD OI 1111D OF 'IIIUIT -·-----------. -" ---------..... .,,,..,,,... --·--·-----------. _ .. ---------..... __ _ ! t A • , . ·' 0 Agenda Item 11 c i CITY OF ENGLEWOOD 'PLANNING AND ZONING COMMISSION IN THE MATTER OF CASE #SUB 2001-04 ) FINDINGS OF FACT, CONCLUSIONS ) AND RECOMMENDATIONS RELATING ) TO THE STANFORD CENTER SUBDMSION) LOCATED AT 4550 SOUTH WINDERMERE ) STREET, ENGLEWOOD, COLORADO ) INITIATED BY: Toll Muapmeat, LLC SS43 Soatla Fraaldla Lane Greenwood VUJaae, CO 80121 ) ) ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF TIU CITY PLANNING AND ZONING COMMISSION Commission Members Present: Krieger, Mueller, Parts, Rempel, Stockwell, Welker, Willis, Waggoner Commission Members Absent: Lathram This matter wu heard before the City Planning and Zoning Commission on January 8, 2002, in the City Council Chambers of the Englewood City Hall. Testimony was received from staff and from the applicant The Commission received notice of Public Hearing, and the Staff Report, which were incorporated into and made a part oftbe record of the Public Hearing . After con.,idering the statements of the witneues. and reviewing the pertinent documents. the members of the City Planning and Zoning Commission made the followina Findinp md Con- clus ions. QNQINGS Qf fACT I . THAT the request to consider the Stanford Center Subdivision Preliminary Plat wu brought before the Planning Commission on application filed by Toil Mmapnent, U.C. 2. THAT Public Notice of the Public Hearing wu &iven by publicalion in the fgsfewqod &!!!!I on December 21, 2001, posting of notices on four Official Nocice boards on ftnt and second floon of the Englewood Civic Center, notice placed on Channel 8 television, a copy of the Conunission meeting packet placed at the reference dellt in the £nalewood Public Library. and by Certified Mail to adjacent property owners. 3. THAT Senior Planner Langon provided testimony pertaining to the request to subdivide one large ownership into two lots; the boundaries of the subject site; the zoning oftbe subject and adjoining properties; criteria set forth in the Subdivision Regulations to be taken into account when considering division of property; utility service to the properties; review of the request by the Development Review Team; and that the proposed subdivi- sion is consistent with the 1979 Comprehensive Plan . 4. THAT Messrs. Don Drennan and C. J. WinklerofDatawortcs, representing the applicant, provided testimony regarding the proposed subdivision and potential development of Lot 1. S. THAT no member of the public spoke in opposition to the proposed subdivision. CONCLUSIONS 1. THAT the application was filed by Toil Management, LLC, seeking approval oftbe Pre- liminary Plat of the proposed Stanford Center Subdivision. 2. THAT proper notification of the date, time, and place of the Public Hearing wu given by publication in the official City Newspaper, by posting of notices on four Official Notice boards in the Englewood Civic Center, by placement of a notice on Channel 8 television, by placement of a Planning Commission meeting packet in the Englewood Public Library at the reference desk, and by Certified Mail to adjacent property owners. 3. THAT the proposed Stanford Center Subdivision will facilitate new development on Lot 1. DECISION THEREFORE, it is the decision of the City .Planning and Zoning Commission that the applica- tion filed by Toil Management, LLC for approval of the Stanford Center Subdivision Preliminary Plat should be approved as presented . Further, that the Final Plat of the Stanford Center Subdivi- sion is to be prepared identical to the Preliminary Plat and forwarded to the Englewood City Council for approval . The decision was reached upon a vote on a motion made al the meeting of the City Plannina and Zoning Commission on January 8, 2002, by Mr . Willis, seconded by Ms. Krieger, amended by Mr . Welker and seconded by Mr. Rempel, which motion llates: "Tiu Prtlimi,ia,y Plat of tlu Sta'!ford Cfflllr S"'1ditn.siori is «apud 1U pranl«l, nd tltl ~ b, directed to pr~rt tJu Final P/;Jt. Tiu Fi,ial Plat sJiaJJ bt pr,partd idnJi&al to tJu Pr,li1lliury PIIU. • 2 AYES: NAYS: ABSTAIN: ABSENT: Parka, Rempel. Stockwell, Welker, Willia, Kriepr, Mueller, Wagoner Nooe None Latbram These Findinp and Concluaiona are effective u oflbe meelin& on Jmuary 8, 2002. BY ORDER OP THE CITY PLANNING le ZONING COMMISSION - ____ , ......... -----3 C {' T y 0 F ENGLEWOOD COMMUNITY DEVELOPMENT TO: THRU: FROM: Englewood Planning and Zoning Commission Robert Simpson, Director, Community Development .,('\.,Xricia Langon, Senior Planner DATE: SUBJECT: APPUCANT: January 3, 2002 Planning Commission Hearing Date: January 8, 2002 Stanford Center Subdivision -PNlimina,y Plat Cue No. SUB 2001-G4 Pubfic Hearin1 Toil Management, LLC 5543 South Franklin Lane Greenwood Village, Colorado 80121 PROPERTY OWNER: Toil Management, LLC '5543 South Franklin Lane Greenwood Village, Colorado 80121 PROPERTY ADDRESS:' 4550 South Windermere Street Englewood, Colorado 80110 REQUEST: The applicant has submitted an application to subdivide a 2.34 acre industrial site into two lots. RECOMMENDATION: The Community Development Department recommends approval of the Preliminary Plat of the Stanford Center Subdivision and that the applicant be directed to submit a final plat for review and consideration by the Commission. LEGAL DESCRIPTION: See Preliminary_ Plat. ZONE DISTRICT: 1-1, Light Industrial District. 1000 Englewood Parkway Englewood, Colorado 80110 PHONE 303-762·2342 FAX 303-783-6895 -n....,.ood.ccua 2 LOCATION OF PROPERTY: The subject property is located within an area bounded by West Stanford Avenue on the north, West Tufts Avenue on the south, South Windermere Street on the west and South Navajo Street to the east Surrounding property is zoned 1-1, Light Industrial District and contains typical industrial district uses. Adjoining the east property line of Lot 2 is a nonconforming residential use. The residential use is zoned 1-1 and is subject to 1-1 District regulations. The area across South Windermere Street from the subject property is Light Rail right-of-way. PROCEDURE: Tide 10, Land Subdivisions, of the Englewood Municipal Code requires that the Planning and Zoning Commission review the preliminary plat for a major subdivision at a public hearing. After the public hearing, the Commission may approve, conditionally approve, or disapprove the preliminary plat. If the preliminary plat is approved or conditionally approved, the applicant prepares a final plat incorporating any suggestions or conditions resulting from the public hearing. Upon submission of the final plat, the Planning and Zoning Commission reviews the final plat for conformance to any conditions imposed on the preliminary plat. A public hearing is not required for this review. After this review, the Commission may either approve, conditionally approve, or disapprove the final plat When the final plat is approved, it is forwarded to City Council with the Commission's recommendation. Upon approval by City Council, the plat will be recorded with the Arapahoe County Clerk and Recorder. The applicant may appeal the Commission's determination to the City Council as set forth in Section 10-2-9 of the Subdivision Regulations. PUBLIC NOTICE: Per Title 1 O requirements, adjacent property owners were notified of the Stanford Center Subdivision Public Hearing by Certified Mail. Delivery confirmation was received from all of the adjacent property owners to whom notices were mailed. Also as required, notice of the Public Hearing was published in the Englewood Herald on December 21 , 2001. Though not required by Ordinance, additional notices of the hearing were posted on the four Official Notice boards on the first and second floors of the CityCenter building and on cable television, Channel 8. A copy of the Planning and Zoning Commission January 8, 2002 meeting packet was placed at the reference desk in the Englewood Library . BACKGROUND AND ANALYSIS: Title 10, Land Subdivisions, of the Englewood Municipal Code requires that unplatted property be subdivided through the Major SubdMsion process. No minimum lot size or street frontage is required in the 1-1, Light Industrial District. The property is currently a single, irregular-shaped unplatted parcel totaling approximately 2.34 acres in area . The proposed subdi vision will result in the t • . . • 3 creation of 2 lots. The larger lot, with an area of 1.73 acres, currently contains a building occupied by the applicant's printing company, Dataworks, and associated parking. The smaller lot, with an area of .61 acres, is mostly vacant except for a small, fenced portion of the lot that is leased as a contractor storage yard . This use will be abandoned when Lot 1 is developed. The intention of the proposed 2-lot subdivision is to split the properties so that Lot 1 can be used as collateral for development of a new office building on that lot. This action removes a potential financial encumbrance on Lot 2 when Lot 1 is developed. The applicant/property owner plans to retain both properties. In considering a preliminary subdivision plat, the Commission must consider the following: 1. The zoning of the property proposed for subdivision, together with the zoning of the areas immediately adjacent thereto. The subject site and adjacent property is zoned 1-1, Light Industrial District. This subdivision does not substantially change or impact the development potential of the area . 2. The proposed layout of lots and blocks and the proposed dimensions thereof to demonstrate compliance with yard area requirements. The site contains 102,308 square feet or approximately 2.34 acres. No minimum lot frontage or minimum lot area is required in the 1-1, Light Industrial District. The proposed subdivision creates 2 lots. Lot 1, the smaller lot with an area of .61 acres, will have frontage along South Windermere and West Stanford Avenue . Lot 2, the larger lot with an area of 1.73 acres, will have frontage along South Windermere Street. A private access easement across both lots allows circulation between the two properties when Lot 1 is developed. 3. The availability of all utilities, and the proximity thereof to the area proposed for subdivision . Public water and sewer along with electric, gas, and communication utilities are currently available to the subject property. Water, fire line water, and sanitary sewer for Lot 2 are currently supplied from lines in West Stanford Avenue. These utility lines are located in two private easements across Lot 1 ( 1 O feet wide water and fire line easement and 10 feet wide sanitary sewer easement) and are recorded under separate document. When Lot 1 is developed these existing utility lines will be used for the proposed building and new service lines for Lot 2 will be supplied from South Windermere Street. At that time the need for the private easements will be no longer be warranted and can be vacated. .. • • .. 4 4. Topography and natural features of the land with special refei'erice to flood plains . The subject property is not located within an identified flood plain zone. 5. The continuity of streets and alleys within the area proposed for subdivision, and the design and location of such streets and alleys, with relation to existing streets and alleys, both within and without the area proposed for subdivision, and the Master Street Plan. No streets or alleys are proposed within this subdivision . 6 . All rights-of-way to be designated and located to facilitate the safe movement of pedestrians and bicyclists. No additional right-of-way is being requested with this proposed subdivision . 7. All bicycle and pedestrian facilities shall be selected, located and designed in accordance with current City standards . No bicycle or pedestrian facilities are required for this proposed subdivision. 8. The location of utility and other easements. Utilities and easements are in place. See Preliminary Plat 9. The location of, and provision for, public areas, including land reserved for parks, schools and other public uses. No public reservation is required for this proposed su~division. 10. The method of handling drainage and surface water. No drainage report was required by Public Works. The proposed access easement also serves as a drainage easement for existing historic flows from Lot 2 onto Lot 1. Drainage issues concerning future construction and development are dependent on the type of development and will be addressed through the Building Permit review process. RELATION TO COMPREHENSIVE PLAN : The 1979 Comprehensive Plan designates the subject site as part of a light industrial area . The proposed subdivision is consistent with the Comprehensive Plan . DEPARTMENT AND AGENCY REVIEW : A description of this request was forwarded to seven City Departments or Divisions and outside ager.des for review and comment Preliminary comments are listed 5 below. All concerns have been addressed to the satisfaction of l!ach reporting Department or Division. This subdivision does not substantially change or impact the development potential of the area. Building and Safety: No objection to subdivision. Community Development All documents required to process the subdivision request have been submitted. A propane tank with control box, a portion of the loading dock, and a transformer are located within the proposed access easement When Lot 1 is developed or conveyed, these items must be removed or relocated. The railroad tracks visible on the west side of the property are part of an abandoned spur line. All required infrastructure is in place. Lot 1 may be addressed on South Windermere Street or West Stanford Avenue. Applicant should contact Community Development Department to initiate official address assignment Fire : During development remove the propane tank from the ingress/egress easement. Public Works: Drainage easement required on Lot 1 to convey existing historic flows from Lot 2. All other concerns have been addressed. Engineering Services: All items addressed. Traffic: No comments . Utilities: Existing fire/water line and sanitary sewer line for Lot 2 must be in "private" easement. CITT OP 1:1101..EWOOD COMMUNITY 01:V&LOl'M&NT DEPARTMENT 3400 e..u, &IIIU Street 11: ........... CO IOllD 782,2342/PAJI: 782-28119 www.el .............. ., ••• LAND DEVELOPMENT APPUCATION FORM l>effloptuent Name: S::\o..11:kJ G,;Jec $ubdi~11i()(\ Pn,perty Add..,.., 4~V S . Wi'ldR<wwC S:tm,t Prment 7.onlnC: r -1 MnB;.Lll.Jtxlallll& Uee: ('""""ft'!;J2 -1.1911.t ~ ~ De9crtp11oti: Sn: .., ~dne.l f"' I~ s u,,...1 p\a.:t laltllch aepante lhftt If nec:nNryl l\ppllcatlon l)pe: Rttnnlng: from lo, _________ _ Mucllfknllon ol' Manned Unit Develop,nent:I_IAdmlnlatnltlft U ,onna1 Dl~lrlct Man Nanll': Subdlvt•lot1 :Ci5f'l'rtilmlnary---:-M::-a-1,-:l-_"'"t-::l'lc-,-,.,-:-l-::l'la:-l--------- V11nlln11 of:Lf P' .. aaemenl l_J Rl&l•l ·of-way Condlllunal Uae l'ennlt for-----------------Olher _______________________ _ ~:r~~:1t:~!Z.~:;;~: CA Phone/Fu/1!:-Mall: '3<>}-1fol-lS31 1 Anldtect / l'latull .. c-nttut ........... IT'IU.. ''",_._.,...._, fdl''"""""1.. f'•lt"'"\ Contact re.-Name:-------------------------- l'lnn: --------------------------------= ------------------------------Plionet,u Number/E-mall, _______________________ _ PIIOl'Sllff OWll&ll UIPOllllATIOII: 1.11111 ...... -. and -vf an --_... who hold an lnlerf!II In lh• her•ln d<"'Crtl..-d proprrty. _..., .. ...._. _.,....., ..,_, •-· hold•n vf dftdlal vf 1nm. de, ,or corpnral<-. or pertnerwhlpe. lfllachal -"' -ir-- ary. ~,....ir -1..........i Name:------------- Plione: ____________ _ l'lrm: -------------------------------1\ddrea: _____________________________ _ c..enu-,.........,., Name of Corpon,llon/l'artner•hlp TOIL 11'\ia~ 1" l..!,&_ AddreM/Clly/Sl•l•/Zlp: 5S'(3 s. r;;,t,.u;;U;;J.,_..;;;.J \ljl~ 'CD a,i.1 Slate of Rritl1'1rallon : --''"''owlun& ..... $X>.,.."---:c--:,--c-c-:-c,------..-r-,--::--:---:-r--- Naunes of Offlcen/r.rtners botMs D ;t Nftlr4!l Qg, ,1 .. \tJ ec iJec (Pleaae Indicate who 1111• -~ TIiie _,,.,.,. wtU be 1111,inc any ...-nmta If •~I I/ - CDTIFICATIOIII I hereby cmlfy '""'· lo lhe -vf ~ ..__ -bdlrf ... --....- wllh lhta •ppliralkwl la llUI' and -.Koll' ftnd lhe( __..., vfl ___ -· --- """'""1 lhe """'"'"I actkw1 ran1tn1 '-'• be . _.....,.,..,,.,., __ ,.._ •• herrby ••onlod lo lh< CMy nr 1!:1 11 .. oulljod ~ _. -,._ .. ..,.p1 .. --,. for ,,_1111on IIOIIATUU OF Al'l'LICAlff .,_,,.,., .,,. OfflC& -OM.'f c--· --lod:4f'+'L _...,. .,, ___ ....... ..... sq J .,._, 1, '"' • • ""'"b,l~C,.<;. ol=" F,u-'\ O""•TTeb ~1t.O"'I "PA~ l'V\pt'~C.IM...S ~ S ,t11.F"F' R.~~T } (l H"-IIE. r.')E..e.~ 'l:>l~Tlll.•ISI.Af'e.t> ~INTRO Resolution approving Final Plat for subdivision of land at 4550 S Windennere St Stanford Center Subdivision Applicant property owner Toil Management Donald J. Drennan and Cedric J. Winkler Recommends CC to be known as Community Development APPROVE final plat of Stanford Center Subdivision PROCEDURE Englewood Municipal Code Title 10 Land Subdivision requires SUBDIVISION • splitting of a parcel of land into multiple lots By Major subdivision process for 1. Unplatted land Not previously subdivided and platted into Lots and Blocks or 2. comm. or Industrial land greater than 112 acre in area Process: • Application • City Review • Consideration of preliminary and final plats by P&Z at PH • Forward the Final Plat to Council with P&Z's recommendation Stanford Center Subdivision APPLICATION by Toil Mgmt • property owner Site: approx 2.34 acres 1-1 Light Industrial zone district SE corner of South Windermere Street and West Stanford Ave. Currendy contains • 27 K square feet building office and printing operations for Dataworks, publishing company • associated parking • small, fenced area leased as contractor's yard for vehicle storage Adjacent Uses: Office and Industrial East of lot 2 • nonconforming residential use, subject to 1-1 regs Intent Create 2 lots from the original single parcel Larger Smaller 1.73 A .61 A > Split for financial purposes: existing building and parking 2 Future development on Lot 2 does not financially encumber existing building and land associated with Lot 1 3 CITY REVIEW DRT Reviewed • Applicant submitted all required documents • All issues resolved • No minimum lot area or street frontage required in I -1 • Subdivision consistent with Comp Plan • ID's area as industrial • All necessary Infrastructure, streets & utilities in place • No dedication of public ROW or other public purpose required • Easements: • Lot 2 -larger lot -with existing building currendy served by water and sanitary sewer from W. Stanford Ave. Those lines cross Lot 1 • placed in private easements. P&Z • When Lot 1 is developed, those lines will serve new building • Existing building on lot 2 will receive new utility services from S. Windermere St lines. • Conducted Public Hearing January 8, 2002 Adjacent property owners notified of that hearing via certified mail Delivery to all "" confirmed , Notice posted on 4 Official Notice boards here in building and Channel 8 Copy of P&Z packet placed at Reference Desk in Library P &Z reviewed the prelim Plat , Approved prelim and directed Final to City Council with Recommendation to Approve Review REQUEST • Dividing 1 industrial parcel into 2 lots • Consistent with Comp Plan Area Industrial in Comp Plan • Meets all development requirements • All dept issue resolved • PZ recommended approval Therefore Community Development recommends CC • APPROVE FINAL PLAT Stanford Center Subdivision Questions COONQL COMMUNICATION Date Agenda I February 19, 2002 Initiated By Department of Parks and Recreation Subject Purchase of Wenger Encore Show Mobile Staff Source Jerrell Black, Director of Parks and Recreation Dave Lee, Manager of Open Space COUNCIL GOAL AND PRMOUS COUNCL ACTION Council previously approved the purchase of a show mobile in 197 4. RECOMMENDED ACTION Staff recommends that Council approve, · ' Jurchase of an Encore show mobile from Wenger Corporation. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The current show mobile was purchased in 1974 and is in urgent need of replacement Replacement parts are no longer available and the vehicle is in a constant state of repair. The show mobile is used for numerous City sponsored special events such as the Summer Concert Series, the Fourth of July Celebration, the Olde Tyme Fair, the Holiday Parade, etc. The show mobile has become an integral part o.f most every special event hosted by the Parks and Recreation Department and the City. The show mobile Is also loaned out to the Englewood High School for graduation ceremonies, the City of Sheridan for Sheridan Celebrates, and the City of Littleton for the Western Welcome Week celebration. The show mobile has also been rented out to numerous other organizations on an annual basis. FINANCIAL IMPACT Funding for the show mobile was approved by City Council in the Conservation Trust Fund in the 2002 Budget Conservation Trust Fund Allocation: $110,000 Purchase Price: $ 86,649 Note: The purchase price indudes an allowance for graphics on the vehicle. Those graphics could include the organization's name, logo, symbol, etc. LIST OF ATTACHMENTS Bid Proposal Tabulations Request for Bid Bid Proposal City of Enfllewood Bid Tabulation Sheet Bid Opening 0..: January 7, 200210:00 a.m. Bid 11am: 8howmoblle lhop Plll'ta s.v-.... Vendor lhowlnllblle Manual ......, D .... w Tolal ...... ~ ....... MIC MIC IIIIC ....... IN,,_.DIM 0 .......... ,., ......... C8llflq .._,lfN, LLC NIR -f-a&Hwy.atf P.o.auu ,_ --.. "7f7J.Otft - .~ NIR•No~ ........ , ..................... -................... ..... _, 1,, ......... --No.1 ...... ' ~ ,-- IIICIM«al ITEM NO. DESCRIPTION l. SHOWMOBILE 2. Parts Manual 3. Shop Service Manual 4 . Wire Diagrams BID PROPOSAL SHOWMOBILE EST. ~ l 2 2 2 PRICE QQ! $ H.6!9.QO $ [!LC $ NlC $ NlC BID PRICE $ 86.649.00 $ NlC $ N/C $ N/C TOTAL BID $ 86 1 649 100 *A $5,000 graphics 1llo..ance is included in the ShOIIIIObile bid price. Estimated date of delivery 60-90 days after receipt of order. ALL DTDm r.o.B. CITr or D1QLDOOI) 2800 South Platte River Drive Englewood, CO 80110 INVOICING TERMS __::Ne::.;t:...::30:...::clay:x.:s _____ _ PRICE QUOTE FIRM FOR 90 DAYS. .- EXCEPTIONS: A 45 · day penait is not included wtth ·tile Encore shcwbne. lite -~· parts •nual, shop anual and wire diagnas 1re ,pirt of ·-wn anual. BY: Dale L. Anhorn NAME (!,EA5E PRINT) ~,<'~L,. SIGNATURE Dile L. Anhorn P~t S1Jes Bepceseotatfye T Wenger Corporation CO :IPANY 555 Park Drive. Ol@tonna, MN 55060 ADDRESS Aaendlllent No. 1 dated 12/19/01 received I~ . ... ' .. ,, .. I 9 ~: . . -, ,,.• ~ .. 12/27/01 I00-326-8373 ut. 171 iii.iW • t .• • December 18, 2001 Ms~ GoollDan ~ BJO s Plane Riw:r ~ ~~~fi1~ Dear Ms Goosman: This leaa' is 10 iJmm dBt the bid items IUbmiaed by Wi Capcntian are in accJ:.:e with the specific:adca c:l yor ~ b bid nmnber 01-134. The i1mlll submit1rd by WaJFI' Qrpndan will be delMnd in wdu.e with the mquest b bm llUIDtier 01-f34. Please feel flee 10 CClllaCt me with any quesaiana. 1'hlnk you b yom- n:quest. Sincerely, ~a~.- - • • • G (J LIMITED WARRANTY These Wenger products are guarantHd free of defects In materials a d workmanship for three full years: Conductor'• Systwn Tucher Tuff" "Conductor's Chair fff P'(JRMe Rlaers "Conductor'• Podium EnNmble Stool "Conductor'• Stand EJementMy s..,,.. c.bl,,.,. Director'• Stand Bravo Stand Student Chair Rough/Nck Stand IIU!llclan Chair Gig Stand Symphony Chair Clualc: 509 Stand Playrlght Chair Ul99 IIU!l/c Stand S...,. c.t Posturfold Chair Small llualc Stand S...,. c.t Chair llon & Store CMt lnatrument Wall Bnlclret Bookllluu: s..,,.. Rack IMtrument CabbJm Folding Tablet Arm Robe/Uniform CablMla Celll!lt Chair Bale/Deluxe l'en:uu/on ~ String S...l!lt/Perr:ualoni.t Chair s.,. ~ SouuplloM Chair S,.,_ Wotbadon & Acceu. Tuba Tamer a... Plano Wotbtatlon Cymbal Stand llalc Lab Wonmtaflon Fourth Step Addltlona Adj. Height llualc Lab Wo'1cataflan Back~ Expanded llualc Lab Worbitaflun Tounnatw RINts Folio Cablnecs Signature,.. RINts Male LJbtwy Syamm Acouatlcal Panel Sysmm llalc $Otting Rack Vl!llon Staglngft Roll-A-Deck Orchutn Pit-RI/er By Wengw Upper Declr Audlwlce S .... Tucher Wardrobe C.blnet String lnatrument Racks footNOTEM llualc Rug ORFFmobllee LeuonWORKM v.RNdy9, V-Roome Practice V-Room9 Studio UpperDedr LepcyShell Ttanlmatw Shell & Cart CasfDm Aeoudal Shell Diva Acoudcal Shell v ...... StaglnglRINts Troupa,e~ Dtap«y Clo!lu,w and Backdrops St;aglng ~ Trucks Showmaaf St;aglng GIMtdlWl!I s...-,. hlgelland9 $tiaflln9 Encore Sholffllolllfe l'ottJlble Audience Chair Acoudal Door LIMITED WARRANTY Th•• Wenger products ara guaran1Nd frH of defectl In materials and workmanship for~ full year: Sousaphone Holder TubaRNt Po!lturfold TraMpOtt c.t Lumbar Pad Our guarantee mum you of either a full refund or repair or replacement of the clef9ctlye materials or workmanship without charge, at the discretion of our Customer Service Department. Juat can a Customer Service Reprnentatlve at 1-I00-117-7141 and state the reuon you.,. dluatlafled. If a product return Is necessary, your Reprnentatlve will iuue • retum authorization. Thia la your aole rwnedy for breach of thia warranty. This is the sole warranty made by Wenger. Wenger diaclalma al GI-, warrantlN, lncludlng warrantlN of merchantability and tltneu for a particular purpoee. • wal • al 1ab111J for lnclclllnlal, conaequentlal, special and Indirect damage. Wenger Uablllty for dnct clama111 ahal be llmlllcl ID the amount you paid for the product involved. Wenger ,...rvn the rlgh~ to malle product dlangN without obllgatlon lo incorporata such changee Into products prevloualy sold. Some states do not allow the exclusion· or !Imitation of~ or warrantlN, ao the above may not apply to you. Thia warranty gives you specific legal rlghta. You ma, aleo llave otl'8r rights which vary from state to stata. ' • • - Encore Showmobile® STATE OF THE ART IN MOBILE PERFORMANCE PLATFORMS . . .. ,_._ •. J' ... I ,_ I The Encoiw8se-lObile9fnlm Wengeril ... ollWllt..._noalar ... 111111119•------....... ar -~ Enccn ii IIHl-lrMIIII mabll pilfllnnaa....,.. a.-a palllllld,,. p ....... ,_.. palar _ _._cl II kinda. Andblcaiayauaiaqulp .. EnclnwllllWapacllc ....... ,..........., ......... ,....,.., ...... ,..~ . . · .. ~· ., ........ . ThelllllerdlllgrlandlglllwaW!lol .. Encln ................ and_ ..................... _ ........ .. paitDrmma paallan, 1W Enon...._• u............,......, _ af.llNlt,-7 \ . . . ·. ,,....:. · . ,..... ...... and........... . Allbarlcullng011 .... -.01111111111,--. .,......., ,...°' ..... ...,..., ... ...,...., .. ._. en 11 an 1n.wt11•• ii .. '*lllflllllllla,all'OIIIIIIUlllr•llllalllplaD& Slandatdquallly ........ • lMIIDdboclfomauallanand_.lnlpact...,flll..-ar-.tldlllllGDdle•"l'i 7 a • f'ourllWlllli ..... andllO.-.awllll-* ...... • w.ilachallllll.llllalnllll ........... ..._ ................................... _ ..... ,111.r,._ • 8aw;dSpanlll ................. ..._. .............. _ S ,....... ,,, • PJIISpan111 norNlillldldl .......................................... . • ACIIDaad,.._..,_.. ............................ ... • ..... Luc • ._... . c-...,.,,.... ............... _, ....... ,w-. ........ • Elate ................... ,. 1 , ....... • ....., palllf ................. lllllllllllaaludalL ...................... Your Encore can.,_ be bull..,.,,._.,... ._...,.... "-*._.. /tlJAa a.. .... Five .. ,.,.,,. Md,,,. Encore ,. _, up. Q..alng apilfllnna•-•Mnl .... wlll EnODi9 II ....... ...,., ... 1. 1-IID ..... andlldlldl 1W IDlllngwtilla. 2. L.a1191 IW Show,; 1 I s. Opan and paelSan .. and ...... ................... IIIPJL I. ........... ~ , ... _.cllltara ... _....-. ... ......., ...... _ _....:W..._...•.._ ___ .,,_.._ Hoak"' .. pa111rn,..... ..... ea Marllllll9lw'IG,-.md100D-U1 ...._ .. ,,_._,._. liJJ ..... ,_ .................... .. ong1naro1 .. clanllhlll,tp ma1111 pub ... --. No-lllM •• T r n .... ..,.,.....,. • tnnrfl .. orlgiwStwww. allla For_i ........ an .. .._.. an c.a,......,, •r 1 •1 •• - .....,eo.,. ..... to. ...... ~ ..................... , •• - ...... u.&A.. ,...a.a._ ' ... .. • • --· NOMINAL DIMENSIONS OFENCOAE9 SHOWMOBILE9 IN FULLY OPEN POSITION. -------40'(12.2m) ------- !ri---r-Mmn-Slagl __ •_(8_.5m_> ____ 'W'I-~ ~4m) • ...-;r< ... ,1 PIIIIDnn ·"" EINICllf9 DWI .. 11111 I .... ----M'(7.3•----i l.lnglll_... .. ._ ___________ r(II• •· 10" ....... .. ....... ... r~• ..._ ....... _,...... .. 11111& ....... . ............. . ........... W1l'V.ta1U .. a..a .... _. wrtu• ............... rCt.1F• c..., ......................... _ff'~(U .. c.p,...................... 2 ••tu• '-'11............. ..~ .. a..r............. • ...... • • - 4 PURCHASING DIVISION 2800 S. PLATl'E RIVER DRIVE ENGLEWOOD, COLORADO 80110 BID REQUEST NO. 01-134 DATE: December 12, 2001 REQUEST FOR BID SBOIIIIDBJ:La The City of Englewood will receive sealed proposals for supplying a "SHOWMOBILE· as per specifications no later than 10:00 A.M. prevailing time, January 7, 2002. Proposals will be received at the office of the Purchasing Division, 2800 South Platte River Drive, Englewood, Colorado 80110. Late proposals will not be accepted under any circumstance, and any proposal so received shall be returned to the proposing firm unopened. In addition, telegraphic and/or proposal sent by electronic devices are not acceptable and will be rejected upon receipt. Propoaing fi:r::ma will be expected to allow adequate time for deli very of their proposals either by airfreight, postal service, or other means. The City of Englewood is exempt fran all federal, state, and local taxes. GENERAL CONDITIONS: Bidders are invited to, but not required to, attend the bid opening. Bids received later than date and hour specified will be returned unopened. Pr· ce will be firm for a period of at least sixty (60) days from date of bid opening. BIDDERS KOST SlJBIIIT PROPOSALS OIi AffACllm> am ROIIODL 108K AIID 8WT TNO (2) COPIBS .OR BVALUATIOII PUU08SS. Proposals will be quoted F.O.B. Englewood, Colorado. Any exception to the minimum apecificatiaaa, general c:cmditiODII, and bid proposal shall be stated •• an •exception• en the bid propoaal form. Bidders are asked to mark envelope •SIIONM08ILa• in loi,er left-hand corner. • t • • - REQUEST FOR BID BID NO. 01-,134 SHOWMOBILE PAGE TWO 0 . Bidders will be required to conform to the specifications. Deviations may deem the proposal unac~ptable. If items called for by this request for bid have been identified by a brand name or "equal" description, such identification is intended to be descriptive, but not restrictive, and is to indicate the quality and characteristics of products that will be satisfactory. Bids offering "equal" products will be considered if such products are clearly identified and are determined equal by the department evaluating said products referenced in the request. When providing a brand name or •equal" item the bidder is required to provide the brand name and part number of the item proposed and any technical data, brochures or other information available for the item with their bid, so that the City can technically evaluate the bid. This must be provided with each copy of the proposal requeated. Should a bidder find discrepancies in or omission from the bid specifications/general conditions or shall be in doubt as to their meaning, he shall notify the Buyer for clarification. If the point in question is not fully set forth, a written amendment will be mailed to all persons obtaining specifications. The City will not be bound or responsible for any explanations or interpretations other than those given in writing as set forth in this request for bid. No oral interpretations shall be binding on the City. TD BmDBR IS RBQOIRBD TO PROVIDS A STATmll'l' wrrB TDll BD> DDICA'fim THAT TBB ITBIIS BD> ARB DJ ACCORDAIICS WITH TD JmQQUT l'OR BD> 1111D 'l'D1' ARB BmDIHG TO TD DA.CT RBQOIJlmmll'1'S o• OUR 8PIICX.XCATIOIIS. TBB BIDDBR IS RBQOIRBD TO PROVIDS A STATmll'l' WITB TBSIR BD> DDICA'fim THAT TBB ITBIIS BID WILL BB DBLIVBRBD DJ ACCORDAIICB WITH TBS ltSQnST .Oil BID. The Bidder shall be required to have sufficient property, liability, and workers compensation insurance and to provide the City with copies of the certificate of insurance. The successful Bidder will not discriminate against any employee or applicant for employment because of race, color, religion, •ex, age or national origin and will comply with the Americana with Disabilities Act. The successful Bidder shall adhere to acceptable affirmative action guidelines in selecting employees and •hall ensure that employees are treated during employment, without regard to their race, color, religion, sex, age or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advetti•ing; layoff or termination, rates of pay or other forms or compensation; and selection for training, including apprenticeship. .,. • .... .. .· t .. • • REQUEST FOR BID BID NO. 01-134 SHOWMOBILE PAGE THREE The City of Englewood shall have the right to reject any or all bid.a, and to waive any infor111al~ies or irregularitiea therein and requeat new proposals when required. In addition, the City reaerves the right to accept the proposal deemed most advantageous to the best intereat of the City. The option of aelecting a partial or c:c:q,lete bid shall be at the discretion of the City of Bnglewood. Any award made in response to this Request for Bid will be made to that responsible bidder whose offer technically will be IDOllt advantageous to the City --price, delivery, esti•ted coat of tranaportation, and other factors considered. The City of Bnglewood is an environmentally CQD8cioua City. Vendora supplying products made from recycled materials and environmentally sound packaging, will be given preference when all other evaluatio criteria is deemed equal. The Bidder is required to provide the IIOdel number, any tecbnical data, brochures or other information available for the equipaant they are proposing with their bid in order that the City can tecbaically evaluate the bid. This aut be prori.ded with wla copr of ~ s,ECIIN&l requested. Bidders shall contact Greg Pink, Turf Maintenance Specialiat, telepbaae (303) 762-2523 on any technical questions. Bidders shall contact Betty Gooaman, Lead Buyer, Procw:elant Diviaion, telephone (303) 762-2392 on any queaticma relating to tbe Requeat for Bid and Minimum Specifications. CITY OF ENGLEWOOD Betty Goosman Lead Buyer .• • • (J. SPECIAL PROVISIONS INSURANCE A. Insurance Limits: The Contractor shall carry throughout the life of the contract the insurance listed below: Under Section B Public Liability Property Damage Under Section C Public Liability Property Damage Minimum Limits $1,000,000 $1,000,000 Minimum Limits $1,000,000 $1,000,000 B. Public Liability and Property Damage Insurance: The Contractor shall maintain during the life of this contract, Public Liability and Property Damage Insurance acceptable to the City, covering the work contracted and all operations in connection herewith, and whenever any of the work covered in the Contract is to be sublet, Contractor's Contingent or Protective . Liability and Property Damage Insurance. Such insurance shall provide limits not less than those called for in these Special Provisions. c. Automotive Liability and Property Damage Insurance: Whenever the work covered by the Contract shall involve the use of automotive equipment, the Contractor aball maintain during the life of the contract, Automotive Public Liability and Property Damage Insurance. This insurance shall provide limits not less than those called for in these Special Provisions to protect the Contractor from any and all claims arising from the use of the following in the execution of the work included in the contract: (1) Contractor's own automobile and trucks. (2) Hired automobiles and trucks. ( 3) Automobiles and trucks not owned by the Contractor. Such insurance shall cover the uae of automobiles and trucks both on and off the site of the project. ~ .,. ' ,• • • cm OF SS;t,6'«':QO SP5CD.:. ilRO\":S!Cl!iS ilAGB 2 c. licrkers C.-.cr.ati011: nae Ccmtrac:tor and ?:us sub-cont::actlln shall ~Y vita tM lforlters Cmpensatian Act of 02londo ..nd aball prO-Vl.ia c:aapeDsation inaunnce to ~ect. CM Ci.ty frca end ~iut any and all llorlters C'allpenutian c:l•i• ariaing hQa perfonaance of the IIOrk under CM cont.net, ~ COnpnsation insurance to c:cr,er obligatiODa iapond b applicable lava for any eaplQY" engaged ia the ped~ of work under this contract. and -10}'U'9' ~abiUt:y insurance with minjnn liaits of FIVS mm 'l'IIOUUND DOLLARS ($500,000) Heh ac:c:ident ., FIVS IRMDRSD 'l'IIOUSNID DOLLARS <ssoo, ooo } diaeue -policy liait , end rtw NUNOUO THOUSAND DOLLARS ($500,000 diauae -Heh -s>}o~. E. Liability: The Contractor shall indemnify and MW bar.lea• the City against any and &ll damages to propertr or inj\&dN to or death to any peraon or peraona, inc uding ~rty end employees or agents of the City, and aball defend, indellnify and save baraal.eaa the City froa any end all clai•, deaanda, suits, actions, or proceedings of any kind, or natun, including Workmen's Compenaation claima, of or by any whomsoever, in any way resulting free or ariaing O\lt of the operation in connection herewith, including operations of subcontractors and acts or cmiaaiona of e1111loyeea or avent1 of the contractor or his aub-c:ontractora. Inaurance coverage specified herein and in the Special Conditions conatitut .. the minimum requirements and said requireMnta shall in no way lessen or limit the liability of the Contractor under the terms of the Contract . The Contractor shall procure and maintain, at his own coat and expense. any additional kinda and amounts of insurance that, in his own judgffient, NY be necessary for his proper protection in the prosecution of the work. All Certificates of Insurance shall be provided to the City prior to the undertaking of any work and prior to a Purchase Order being issued. The completed Certificate of Insurance shall be sent to, Purchasing Division City of Inglewood l&OO So. Platte River Dr. Englewood, co 80110 t .. .. • • CITY OF ENGLEWOOD GENERAL CONDITIONS A. All units requested to be new and of manufacturer's current model in production at4 the time of delivery, and standard equipment, unless otherwise specified. B. Vehicles/equipment must conform to all latest Federal Motor Vehicle Safety Standards, O.S.H.A Standarcla, where applicable, IIIWlt be included whether or not specified. All unit• must meet EPA noise level standards (DBA). c. Vehicles/ equipnent must be completely waahed and serviced in accordance with standard manufacturer's pre-delivery specifications, including current State and Federal Safety and emissions inspections, where applicable. A forty-five (45) day permit is to be included for each unit. Line sheet• showing all components of each unit are to be furnished with each unit delivered. The right is reserved to assess the selling dealer fifty dollars ($50.00) per unit if the pre-delivery is not complete. D. Manufacturer's standard warrantfes to be aupplied. Tbe warranty shall not start until final acceptance by the City of Bnglewood and any transportation or towing required for warranty repair shall be supplied at no additional co•t to the City E. Vehicles/equipment are to be delivered to the Servicenter Garage, 2800 South Platte River Drive, Bnglewood, Colorado, 80110, or as indicated on the Purchase Order. F. All paper work including application for title, certification of origin, certification of weight (if applicable) and warranty papers shall accompany each vehicle upon delivery in order to obtain ownership papers. ' G. Alternate proposals shall not be considered unlea• called for. No oral, telegraphic or fax proposals or modificationa shall be considered. H. The City reserves the right to negotiate additional options with the successful vendor at the time the order is placed. City of Englewood General Conditions Page Two I. The City of Bnglewood reaerves ·tbe right to aseeae the eelling dealer a penalty if thei1" delivery date ie not met. Thia provision shall appear on the purchaae order, if applicable. J. In making a final decision and award to the lowut reepcmaible and beet bidder, the City ehall take into caaeideration the following factor•: price, deli very ti.IN, confozmanc:e to specificationa, dealer•• part• inventory and 111.1pply hiatory for the unit make, perfonance of the unit in relation to it•e intended uee. Tbe performance factor may be evaluated by any or all of the following: actual tut, 1adependent teat data, inquiriea to other fleet• uaing the unit, and when available, actual performance in the city•• fleet. Bid Specification for ShowmobDe Dimensions travel mode 28 foot body 8foot-6inches wide Staie dimensions 40 foot X 16 foot minimum City of Eapwood Stages to be constructed of weather and skid resisbmt material 2-Stairways Hydraulics Wireless remote control to operate showmoble, roof and stage deployment Secondary backup control unit Optional hydraulic leveling of showmoble Hydraulic stage extension with portable extensions Articulated roof canopy Power Optional power upgrade -220 volt generator 120-volt electrical system must meet all applicable codes Generator to be stored inside Sbowmobile 12-volt battery charger to be supplied Liptin1 Built in florescent lighting Optional pivoting PAR lighting for canopy Sound system Delu.-<e sound system upgrade All necessary cables Handicap lift Must meet M)A guide lines Minimum lift shall be 800 lbs . 12 volt system with manual backup Storage Stage extension tie downs Storage compartment for battery and generator Storage for miscellaneous equipment Weather sealed and lockable t .. • • Comaaaity Gnpllics Design to be determined SJdrtbla ud Drapes Skirtina for front and sides of stage color to be determined Drapes for back of staae • to be determined Tnhlhla ud (2) auaala to II, sapplied by ... a1actver -· COUNCIL COMMUNICATION Date Agenda Item . February 19, 2002 INITIATED BY Public Works Department Parks and Recreation Deoartment :........11 Subject Motion to award design contract-Malley and Recreation Center Expansion/Remodel STAFF SOURCE Rick Kahm, Capital Projects Director Jerrell Black, Director of Parks and Recreation COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council approved Ordinance No. 35, Series 2001 to include a ballot question authorizing the issuance of General Obligation Bonds for design and construction of Recreation Projects. RECOMMENDED ACTION Staff recommends Council approv&,••llfillll.Mifizing the award of design contracts to Barker Rinker Seacat Architecture for the Malley fl!nter Expansion and the Englewood Recreation Center Expansion/ Remodel and authorizing the Capital Projects Director to negotiate and sign the contracts for an amount not to exceed $397, 150. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The bond sale, approved by Englewood voters, totaled $12.8 million, $3. 7 million for the Malley Center, $2.1 million for the Recreation Center, and $7.0 million for the Aquatic Park. The Malley and Recreation Center projects require architectural services that are similar in nature. The Aquatics Park will require a different level of design services that include a major Civil Engineering component. Due to the similar nature of the Malley and Recreation Center, staff determined that one architect should be retained to design both projects simultaneously. A separate request for architectural services for the Aquatics Park will be developed and advertised this spring. The City advertised in the Daily Journal and the Englewood Herald for architects to submit statements of qualifications to design the Malley Center and Recreation Center projects. Forty-two firms picked up , Request for Qualification (RFQ) packets . The City's selection team reviewed the qualification statements and recommended four firms for further consideration. The four firms were Christopher Carvell Architects, Barker Rinker Seacat Architects, Slater Paull Architects, and Oz Architecture. The City prepared Request for Proposal (RFP) packets for the four selected firms. The RFP required the firms to submit fee proposals in separa te sealed envelo pes from the other material . All four firms submitted proposals . The City's se lec ti o n committee, consisting of Gary Sears , Mike Flaherty, Jerrell Black, Rick Kahm , Gary Hultberg. David H end erson , and Joe Sack, conducted interviews on February 4, 2002. Fee proposals were opened afte r th e int erv iews were completed. All four firms were highly qualified to perform the required design serv ices. The fe e proposal submitted by Barker Rinker Seacat Architects was very competitive. Their fee pro posal of $397, I 50 was approximatelv $100,000 less than the competition . The fee is also $94,850 less than th e o riginal design fee estima te included in th e project budget. Barker Rinker Seacat were the architects who o ng1nall11 designed bo th th e Malley and Recreation Ce nters . The committee believes selecting Barker Ri nk er Seaca t is in th e bes t 111 1eres t ot th e Ci ty. •looi ·"' • • FINANCIAL IMPACT Adequate funding is available within the approved project budget of $492,000 for architectural services . LIST OF ATIACHMENTS None AGENDA FOR THE REGULAR MEETING Of' ESDAY, FEBRUARY 19, 2002. 7:30 P.M. Englewood Civic Center · Council Ch mbers 1000 Englewood Parkway Englewood, CO 80110 r/;~/H(_/ 1. Call to order. f 2. 3 . 4 . Pledge of"'':~;, . ' --'-/ :} '5 . -:--I-/1. f/, _1-~ RollCall. (./If/~ 1 /~ (_~~ 5. Minutes. (UJM a. Minote, &om ... ~of .......... OtyCooocil M-gclfobrua~, 200 -,~:or-1 (~1µ:JH.~~ ' 6 . Scheduled Visitors. (Please Ii our presentation to ten minutes.) 7 . 8 . 9 . Public Hearing (None scheduled) ff ·- .. t Englewood City Council Age1r1:da February 19, 2002 /A ._..,1J Page2 <t' U • 10. ConsentAge~ -/{JU--/ 7"{!// a. b. Approv~ Ordinances on First Reading. Approval of Ordinances on Second Reading. i. Council Bill No. 6, vacating a Utility Easement located in the 2700 block of South Elati Street (General Iron Works property). c. Resolutions and Motions. i. Recommendation from the Public Works Department to adopt a resolution authorizing the application for 2003-2008 Denver Regional Council of Governments' Transportation Improvement Program projects. STAFF SOURCE: Ken Rou, Direct of Public Wo ' Recommendation from the Community Develop~nt Department to adopt a resolution approving the Final Plat of the Stanford Center Subdivision, which roposes to subdivide an unplatted industri' ~re,~~ two lots. STAFF SOURCE : Tricia ung~, Senior Planner. VV ~ Recomll]pndation from the Department of Parks and Recreation to approve, by mollon.1he purchase of a new Show Wagon . Staff recommends purchasing an Encore Show Mobile from the only technically acceptable bidder, Wenger Corporation, in the amount of $86,649. STAFF SOURCE:Jellack. Director of Parks and Recreation alNI 9~;_;;..•• r,e./1~ .. t .. .. • • Englewood City Council Agenda February 19, 2002 I _ d) Page3 / r l 1 /;1) ii . Recommendation from the Department of Public Works to approve, be · design contracts with Barker Rinker Seacat Architects for architectural ..Jfl related to Improvements of the Maffey Senior Recreation Center :and the ' U Englewood Recreation Center and authorizing the Capital Projects Director to negotiate and sign the contracts for an amount n°'l_ ~}397, 1 SO. STAFF SOURCE: Rick ICahm, Capital Projects Director. I~ 12. General Discussion. a. Mayor's Choice. b. Council Members' Choice. 13. City Manager's Report. 14. City Attorney's Report. The following minutes were transmitted to City Couricll between F 1 • 14, 2002: • Englewood Cultural Arts Commission meetings of December S, 2001 and January 2, 2002 • Englewood Housing Authority meetings of October 3, November 7, and December S, 2001 • Englewood Liquor Licensing Authority meetings of January 9 and 16, 2002 Englewood Parks and Recreation Commission meeting of January 10, 2002 Englewood Planning and Zoning Commission meeting of January 23, 2002 PINN nolr. If,-._ a......,. (~, ........ /9:J-~ fUJJ'-3~---- 61) --/ v·. ·• • • ' •· • ·• • • --~ --. "~M\ ~ -----~~-=--:--. . . . . ----M-"' .. -. . .... . #!. -~ Ab:/r/ ...... . . /W . ---· /~-. - / ~ /J11.1hAh . --. r'J:. -vr1~S--') -=---=--=---~ -,. ----. '' -. -. • • --------· ----- ------- •• .. -------