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HomeMy WebLinkAbout2001-05-21 (Regular) Meeting Agenda Packet• • • '-.. • • Regular City Council Meeting Hay 21, 2001 ORD ii r• f• 25, 26, 27, 28, 29, 30, 31, 32, 33 .. RESO # !1· I·;,{ 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57 • • ., • . ' 0 .. ,.- • 0 0 I . 0 3 - • • -• I . Call to Order • ... . -- ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY. COLORADO Regular Session Ma,· 21 , 2001 ... The regular meeting of the Englewood City Council was called to order by Mayor Bums at 7 :42 p .m. 2. lnvoution The invocation was given by Mayor Bums. 3. Pledge of Allegiance The Pledge of Allegiance was led by Mayor Bums. 4. Roll Call Present : Ab sent : A quorum was present . Council Members Grazulis , Garren , Bradshaw. Wo losyn , Bums Council Members Nabholz, Yurchick Mayor Bums explained that ouncil Members 'abholz and Yurchick were in Las Vega s for th t' shopptng center convention . A )so present : 5. Minutes Ci ty Manager Sears City Attorney Brotzman Deputy City Clerk Castle Director Long, Library Services Assistant C it y Manager Flaheny Director Black , Parks and Recreation Business and Redeve lopment Coordinator Johnson (a) COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING ot· MAY 7. 2001. Ayes : Nays : Absent : The motion carried. 6 . Scheduled Visitors There were no scheduled visi tors. 7. Unscheduled Visiton Council Members Garren, Bradshaw, \Volosyn, Grazul is, Bums None Council Members Nabholz, Yurchick • ) I • 0 • • -• Englewood Cily Council May21 ,2001 Page 2 • ...... • , . • - (a) Bill Mulnix, 3280 South Galapago Street, !hanked everyone for raising the brick wall on Floyd and puning in the wooden gates, because it has helped with the noise . He asked for the wall at Galapago and Floyd, the walkway, to be closed up , not the gale, just the walkway. It would help with lhe noise , he said, and also there is a problem with the kids bringing skateboards and riding them down Galapago . They go through the walkway, so there 1s a problem with pedestrians and so meone is gomg 10 gel hun . Ma yor Bums said he spoke with City Manager Sears 1oday about fire emergencies and oth er e mergenc1e . and how vehicles get through that wall to get to the neighborhood, because some one who hv e on I lu ron asked him how they will get emergency vehicles in there . We talked abo ut the need for emergen ya ce s and how you have to have it , he said, for emergenc y vehicles . He asked Mr. Mulnix 1fhe was talk111 g about just the walkway. Mr. Mulnix sai d just the walkway, the gates are fine there , it is the walkwa y be side the gate . The other da y we were coming down Floyd and all ofa sudden there was a kid on a skat eboard . There is a problem th ere. he assened . Mayor Bums asked about the other walkways that go through Mr. Mulnix said that I the onl y walkway. At Inca is the intersection where you have the parking area , the trail and the "hole work . He opined that there should be a light at that location. which would help pede stnans. Mayor Bums said he thought there wa s a light proposed th ere . C ny Manager ears a id Engi neering Manager Kahm had said the mast arms have been ordered . Council Member Bradshaw explained that those are the arms that hold the li ght. Mayor Bums said there will be a light there . Mr. Mulnix said II see ms hke somethin g that would help everything. Mayor Bums asked if this is the only walkway m the wall. Mr. Mulnix sa id yes . Mayor Burns pointed ou t that, if that was closed off, the neighborhood could not walk through that wall at all. the y would ha ve to go around the ends . Mr. Mulnix said yes, the y would ha ve to go du,\11 to th e end. Council Member Bradshaw said they had put in the walkway so neighbo rh ood members cou ld access the light rail. Mayor Bums added that the y could acce s Wal-Man and other shopping . Mr. Mulnix said he was just stat mg hi s opinion, and he thinks there is a problem there . Also , he continued , once the apanments open up , the visitors there will park on Galapago and then walk through there . Mayor Burns said that is not what they planned, and Council just talked about this at Stud y Session. He thanked Mr. Mulnix and said he appreciated hi s conunents . (b) David Peterson, 2980 South Galapago Street , referenced a piece of literature put out by RTD concerning the Southwest Corridor. Down here at the bottom, he said it state s 'The Englewood Urban Renewal Authority is also conducting a se parate project adjacent to the Elau maintenance facility that involves the mixed use development of approximately nine acres at the nonhwes t comer of Bates Avenue and South Elau Street. and south to Danmouth Avenue ." Mr. Peterson said he would hke to know what pan of that development extends south to Danmouth Avenue . Ma yo r Burns said, at this point, none of it. Mr. Peterson asked 1fthis was a nnspnnt. Mayor Bums stated the Winslow property is there and that extends d0\\11 to Danmouth Avenue , but that is not actually pan of • ) I • 0 - l • • • Englewood City Coun ci l May 21 , 200 1 Page 3 • • - the General Iron Works property. It may be developed b y the Winslows al some time m the future . he allowed, but our project, at this point . as we poi nt ed out several "eeks ago "hen other fo lk m the neighborhood came here , does not extend so uth to Danmouth. O ur proJec t is cont a ined on the General Iron Works site, at this point, he sai d, and RTD's maintenance faci lity ,s nonh of 11. Our proJecl foo ip nnt doe not extend beyond the General Iron Works si te . Mr. Peterson said that was his understanding fr om the previous mee tin g. but thi s gives a httle different impression, he said. referring to the RTD literature . Mayor Bums asked how old that was . Mr. Peterso n sai d he j ust re e1ved 11 m th e mail thi s wee k. Mayor Bums said he did not know why RTD stated it that way . becau ewe ha,·e not changed our footpri nt since the last time they were here , so we are still on the si te with our planmng, at tlus pomt . he sa id . City Manager Scars said we ha ve not recewed that brochure . Coun ci l Member Bradshaw asked if Mr. Peterson had another one . Mr. Peterson gave Counci l his cop y. Mr. Sears sa id the y want to meel "ith City Council on the I " to talk about the maintenance cent er, prior to a meeting of th e ne ighborhood . where th ey can actually ha ve a meeting for the neighborhood on what th e maintenance center looks like . We do not know exactly how lhat works. he said. but staff is working with them. and Counci l has not been appri sed o f what that looks like . City Manager Sears said we will contact RTD tomorrow and tell th em that, 1fthey are sending thi s brochure out to the ne ighbors. the y should a lso se nd tt to City Coun cil. Mr . Peterson asked for cl arificatt on about the meeting . City Manager Sears said there is a meeti ng with City Council on June I ". and tt ts basicall y to let Council know about so me of th e issue s relat ed to a neighborhood meetmg they arc planmng to ha ve sometime in middle or late June . Mr . Peterso n said th ey actually mention in th e brochure the City Coun c il meeting as being thi s one . Co un c JI Member Brad sha" clarified that the first mttting to discuss the maintenance facility is June 61 •. She said tt will be in thi s building. but not v.1th the Englewood City Counc il. Also , she sa id . the brochure says to co nta ct Mark Graham at th e Ctty of Engle"ood if you have any que stions. Mayor Bums told Mr. Peterson that he appreciated hi s bringin g the brochure b y, becau se no ne of th em had seen ll. Council Member Brad haw asked Mr. Peterso n to keep us posted . 8. Conununkalions. Proclamations and Appointmenls (a) A proclamation declaring Milton and Bernice Senti as Englewood 's Ci tizens of th e Year for 2001 was considered . Mayor Burns said this proclamation was actuall y presented at th e C iti ze n of th e Year Award ceremon y, but this is the formal proclamation . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DECLARING MIL TON AND BERNICE SENTI AS ENGLEWOOD'S CITIZENS OF THE YEAR FOR 2001. Ayes : 'ays : Absent : The motion carried . 9. Public Hearing Counci l Members Garrett, Bradsha w, Wolosyn, Grazuli s, Bums None Council Members abholz, Yurchick No public hearing was sc heduled before Coun ci l. ) I • 0 • • -• Englewood C ity Council May 21 , 200 1 Page 4 10 . Consent Agenda • • -" COUNCIL MEMBER BRADSHAW REMOVED ITEM 10 (c) M FROl\1 THE CO~SENT AGENDA. COUNCIL MEMBER GARRETT MOVED. AND IT WAS SECONDED. TO APPRon: CONSENT AGENDA ITEMS 10 (a) (i), (ii). (iii). 10 (b) (i), (ii). AND 10 (c) (i). (ii). (iii). (h·). (a) Approval of Ordinances on First Reading (i) C O UNCIL BILL NO. 24. INTRODUCED BY COUNC IL MEMBER GARRETT A BILL FOR AN ORD! ANCE A THORIZI 'GA ··CITY DITCH LI CENSE AGREEMENT. FOR A STORM DRAI N C ROSSING STRUCTURE OVER THE C ITY OF ENG LEWOOD 'S RI G HT -OF-WAY FOR TH E C ITY DITCH BETWEE THE C ITY OF un·LETO~. COLORADO A:S:D TH E C IT Y O F ENGLEWOOD. COLORADO. (ii) COUNCIL BILL NO. 25 . INTRODUCED BY COUNCIL MEMBER GARRETT A BILL FOR AN ORDINANCE A THORIZING A GOOD NE IG HB OR OFF ER TO WOLH U RSl LA N DIN G OWNERS ASSOCIATION HEL PI NG FUND CONSTR UCT IO N OF A CO. 'CRETE SU RFACE DRAIN BETWEEN THE C ITY DITC H AN D THE WOLH UR ST LA , DING TOWN H0~1E TO TH E WEST . (i ii ) COUNCIL BILL NO. 28. INTRODUCED DY C OUNC IL MEMBER GARRETT A BILL FOR AN ORDI NANCE AUTHORIZING THE ACCEPTA 'CE OF A VALE G RA NT FROM THE VICTIM ASSISTANCE LAW ENFORCEMENT BOARD OF THE 18111 J UDI C IAL DI TR ICT. (b) Approval of Ordinances on Second Readin g (i) ORDINANCE NO. 23 . SE RI ES OF 200 1 (CO 'C IL BILL NO. 22 , INTRODUCED BY COUNCIL MEMBER GA RRETT) AN ORDINANCE AUTHORIZI GAN l TERGOVERNMENTALGRANT AG R EEMENT DED\11:E:>: THE C ITY OF ENGLEWOOD, COLORADO AND T H E STATE BOA RD OF T HE G R EAT OUTDOORS COLORADO TRUST F . 'D PERTAINING TO THE SOUTH PLATfE RI V ER.SA N1 A FE CORRIDOR OPEN SPACE PLA . (ii) ORD! 'ANCE NO. 24 , SERI ES OF 2001 (COUNCIL BILL NO. 23 , INTRODUCED BY COUNCIL MEMBER GARRETT) AN ORDINANCE AUTHORIZING THE DELEGATION TO THE CITY AND CO TY OF DENVER, COLORADO THE AUTHORITY OF THE CITY OF E GLEWOOD, COLORA DO WITH R ESPECT TO THE ISSUANCE OF SINGLE FAMILY HOME MORTGAGE REVENUE BON DS (THE ·'BONDS .. ) TO FINANCE R ESID EN TIAL HOUSING FACILITIES FOR LOW AND MIDDLE INCOME P ERSONS AND FAMILIES WITHIN THE CITY OF ENGLEWOOD, COLORADO AND CE RT A IN OTHER C ITI ES AN D COUNTIES IN TH E STATE OF COLORADO; APPROVING SUCH BO DS AND A SINGLE FAMILY MORTGAGE LOAN PROGRAM ; AND AUTHORIZING THE EXECUTION AND • • I ) I • 0 • • • Englewood City Coun ci l Ma y 21 , 2001 Page 5 ''".,i • .. • -.. DE LI VE RY OF A DELEGATION AGREEMENT AND OTHER DOCUMENTS IN CONNECTION T H EREW IT H. (c ) Re so luu ons and Motions (i) RESOLUTIO 'NO . 43, SERJES OF 200 1 A RESOLUT ION APPROVING THE SUBDIV ISION OF PROP ERTY LOCATED AP PR OX l~1 AT E L Y 60 FEET WEST OF SO TH RARITA N STREET, EXTEND ING FROM WEST BAKER A VE~L'E T O WEST HARVARD A VENUE FOR THE MO NTCA RO SU BDI VIS ION . (ii) RESOLUTION NO . 44 . SER IES OF 2001 A RESOLUTION AUTHORIZING A .. LICE NSE AGREEMENT' AN D A .. GRA NT OF CONSTRUCTIO N EASEMENT' TO WATSON LANE . LLC . FOR THE CONSTRCCTION OF WATSON LANE ACROSS THE BROWN DITCH. (iii) PURCHASE OF OFFICE FURNISHINGS FOR TH E LITI.LETON/ENGLEWOOD WASTEWATER TREATMENT PLA NT'S SERVICE SUPPORT FACILITY EXPANSION FROM JORDY CA RTER COMMERCIAL INTERIOR S IN THE A~1 0L'~T OF $66,223 .20. (iv) CONSTRUCT IO N CONTRACT FOR CONC RETE PROGRAM 200 1 \\'ITI I CONCRETE WORKS OF COLORADO I.' THE AMO 'T OF$ I 80.2 70 .00 . Vote results : Ayes : ays : Absent : The motion ea rned. Counc il Members Garrett , Bradsha", Wolosyn, Graz ul is, Bum None Council Members Na bholz. Yurchi ck (v) Director Long presented a recommendation from the Library Department to appro ve a contract for the I11 stoncal Strucrure Assessment of the Eng le \\ood Santa Fe Depot. Counc il Member Bradsha" a. ked how that would articulate \\'ith Mr. Full erton·s plans to use th e Depot. Mr. Long sai d thi s wa requested pnor to Mr. Fu ll enon ·s proposa l, and thi s is also now a requirement by the Colorado H1 stonca l oc1e ty for an y additional work that ma y be done o n the De pot , since it is o n th e State Register. Ms . Brad shaw sa id okay. she JUSl ne eded clarification on that , because she did not want us doing some1 h111 g twice, financiall y. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE A CONTRACT FOR THE HISTORICAL STRUCTURE ASSESSMENT OF THE ENGLEWOOD SANTA FE DEPOT WITH SLATER-PAULL & ASSOCIATES. I NC. IN THE AMOl'~T OF Sll,000.00. Ayes : Nays : Absent : The motion ca rried . I I . Regular Agenda Council Members Garrett , Bradshaw, Wolo yn , Grazuhs, Bums No ne Council Members Na bholz. Yurchick • ) I • 0 1 • • -• Englewood City Council May 21. 2001 Page 6 . ' (a) Approval of Ordinances on Fir t Reading . • .. • • (i) Assistant City Manager Flaher1y pre se nted a recommendation from the C ,ry Manager's Office to adopt a bill for an ordinance approving the Second Amendment to the Sublease and Agreement with the Museum of Outdoor Arls. Mr. Flaherty advised that the Museum of Outdoor Am would like to request an amendment to their sub lea se with the City. The purpose of the amendment \\Ould be to permit the Museum of Outdoor Ans to serve alcohol and to apply through th e Ci ty's Liquor L,cen ing Authority for an Ar1S License . As it stands now . the museum has the ab1hty to provide liquor service to It guests , however. they must be invited guests and they must monitor to be sure no unim·ited guests arc served alcohol. That has proven to be difficult for them at some of their openings at which they ha\'e im~ted guests and they also have individuals who attend. perhaps unim·ited. but welcome . The mu seum has discussed this issue w~th our local authorities rega rding moving forward with an Ans License . )fr sa id It was his understanding that the City's liquor commission has requested that . ,f the y move fo rward wuh the request for the Ans License, the City must state specifically in the contract that the y are penrntted to serve alcohol. Mayor Bums asked if there is an Arls Licen e exi ting now. as a eparate kind . As 1stant City Manager Flaherty advised that it is a category of liquor license that ,s available . The Mu se um of Outdoor Arts does not have a license at all at this time, and are ba ,call y se rnng only because the y are a pn\'ate entity and can serve invited guests only. "~thout hcensing. Mayor Bums asked if they had gotten Special E\'ents Permits . Mr. Flaher1y repli ed that the y ha,·e requested one Special Events Pemut for an upcoming event . They would like to pursue th e Ans Li cen se. rather than apply for indi\'idual Special E\'ents Permits for each e\'ent that they have . Mayor Bums said. just to clarify. there is an Ans Li cense already on the books . '.\Ir . Flaherty said ye , u , a category that exists . Mayor Bums said that is wh y the y can simply amend their agreement and be afforded the benefit of that . Mr. Flaherty said that is correct . Asking for clarification. Council Member Bradshaw said the y want to amend the agreement" uh u Mr Flaherty said yes , the y want to amend the agreement with us . and it is basically Just a pc c ,fi . o ne m11cn e change, that allows them to sen-e alcohol. subject to the appropriate hcen e . Ma yo r Bums asked if you can obtain permission to use thi s category of hcense 111 an agreement rather than ha\'ing an ordinance. Cuy Attorney Brotzman advised that our liquor board is very specific . The y do thi s \\1th all bu rne sses. whether yo u are 7-E leven or Conoco. Our liquor board requires that you ha \'e an affirmall\'e statement from the person licensing the properly that yo u have the right to sell hquor. That ,s all that is happening , our hquor board requires that. Before the museum goes to our hquor board, "e are making sure that we have our ducks in a row, just like any other corporation would . Council Member Bradshaw asked if there are any fees associa ted w11h MOA ·s use of our building. oulSlde of regular hours . Mr. Flaher1y said he believes the contract language allows them to use the fac1hty dunng our regular business hours, "'hich are defined by contract, and allows them to use it outside our business hours w11h111 reason . There is also the other issue relative to which ponion of the building th ey are using. They can use their own space, and they also ha ve the right to use the Community Room and the ye t-to -be-co mpleted cultural ar1s space, up 10 ninety times a year without charge . After the mnet1eth 11me, the y would pa y the existing rate , he said . • , . ) I • 0 ] • • • Englewood City Council May 21. 2001 Page 7 • • - Council Member Bradshaw re called that . a couple o f week s ago, we had an idea sheet from a conunittee . She said she did respond to that . but he ha so me con ems. not about MOA . but o uts ide people us111g thi s facility. and maybe some our citi zens can "t becau se out s id e people ha ve alread y chedul ed It , and that k111d of thing. This is our city 's community cente r. she said . It 1s important that we let the c iti zens kn ow that their needs come first , and if there are an y out side act1\'it1 es that cau se an e xtra charge to get th e ro oms back to where they were when we lea sed the m, tho se activities need to pa y for that, he opined. Ms. Bradshaw said our citizens do not ne ed to pro\'1de maid ser,1 ce to out ide peopl e to use thi s fa c ilit y. Mr. Flaherty said, in terms of MOA , we ha\'e had a fairl y good working relati onship and . although th ey have scheduled a couple of events outside our regular hours . those ha\"e been very few . We ha ve had conversations with them about that. he said. and they are making an effort to av o id sc heduhng th os e e,·ents outside of when we have staff in the building. There are a couple of ex cept tons to th at. he a ll owed . but those have been very few . Ms . Bradshaw said that is a hu ge amount of pa ce , and if yo u go to a pm·ate pl ace to rent th at or try to find any facility like that . it would cost you dearl y. She said she kn ows the y are our tenant s. but by th e am e token, she felt the y need to re spect the bu1ldmg it self. COUNCIL MEMBER WOWSVN MOVED. AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (i) -COUNCIL BILL NO. 26. COUNCIL BILL . '0 . 26. INTROD UC ED BY CO NCIL MEMB ER WOLOSYN A BILL FOR A ORDI ANC E A THORJZING THE ACCEPTANCE OF A SECOND AM ENDM ENT TO THE AGREEMENT AND SUBLEASE BETWEEN THE MUSE UM OF O T DOOR ART (MO A), THE ENGLEWOOD ENVIRONMENTAL FOUNDATION . INC. (EEF ) AXD TH E C ITY OF ENGLEWOOD, COLORADO (C ITY ). Vote results: Ayes : Na ys : Absent : The motion carried. Council Members Garren . Bradshaw. Wo losyn , G raz uh s, Burns None Counc il Members Nahhol z, Yurch1 ck (1i ) Director Black presented a recommendation fr o m the Department o f Pa rks and Recreation to adopt a bill for an ordinance approving an Intergovernmental Agreement wnh outh Suburban Park and Rec reation D1 trict for maintenance of the Big Dry Creek Trail . I-le ad, ise d that , several weeks ago, Bob Seams. from Urban Ed ge s, anended a work se ss ion with Coun ci l, and gave them an update on the Big Dry C reek Trail . ,vh1 c h is moving forward rapidl y now. TlllS agreement woul d formali ze the agreement "1th the City of Englewood and South Suburban Park and Re creation Di stnct, whereas they would maintain the trail from Windermere to the Plane Ri,·er. C urrentl y, he said, the Cny o f En g lewood maintains the trail from Progress Park to Windermere . . fayor Bums asked about the bndge being constructed there , and whether they would assume mamt enan ce of that, too . Mr. Black said ye , they would take it to the river and across . They currently ma111tain th e greenwa y trail up to the golf course and through the golf course, he said , as pan of that, al so. COUNCIL MEMBER WOLOSVN MOVED, AND IT WAS SECONDED. TO APPROVE AGENDA ITEM 11 (a) (ii)-COUNCIL BILL NO. 27. CO 'CIL BILL '0 . 27. I 'TRODUCED BY O UNC IL MEMBER WOLOS YN • ) I • 0 • • • Englewood City Council May21 ,2001 Page 8 • • • ' A BILL FOR AN ORDINANCE A THORIZL\;G A INTERGO EIU.;MENTAL AGREEMENT FOR MAINTENANCE OF THE BIG DRY CREEK TRAIL BETWEEN SO TH S B RBA N PARK Al'\D RECREATION DISTRICT AND THE C ITY OF ENGLEWOOD. \Iott ~tsults: Ayes : Nay : Absent : The motion earned . oun 11 l\lembers Garrett . Bradshaw. Wolosyn. Grazu hs. Bums :S:one ounctl Members Nabholz, Yurch1ck (b) Approval ofOrdmances on Second Reading . There were no add111onal 11ems ubnuned for appro\'al on second reading . (See Agenda Item 10 -Consent Agenda.) (c) Resolu11on s and Mo1tons (i) Busine sand Redevelopment Coordinator Johnso n prese nted a re commendat io n from the Department ofCommun11y Development to adopt a resoluuon authorizing an lnce n11ve l'a)onent Agreement with Gan Bro . Spomng Good Company for reloca11on of 1he1r corporate headquaners to Englewood. She acknowledged some people in the audience . Present were David Fned er. the Vi ce President of Store Planning and Purchasi ng for Gan Spons Compan y. and. al so. 8111 :'-1u e ldener. the Manager of Multi-State Tax Services at Deloitte and Touche. wlu ch I a consulting fim1 "orktng "nh Gan Spons in their relocation plans. We would have Bob Simpson here 1h1s e,emng. but un fo nunately he ,s away on business. as are many of the Gan team. she explained. We are talkmg toni ght about a resol u11 o n to establish business redevelopment mcentives as a method of off se n mg a pon,on of " hat the cost for relocation of this company w•,11 be . As a staff, we ha,·e been workmg w·1th an for a fe" "eeks and they are in the midst of negotiations for a fifteen year lease. she sa id . forthe bu,ldmg lo ated at 10 50 \\'est Hampden, the fom1er Home Base building. We truly appreciate Coun 11' n s ,on and ded1 a11on as \\e have gone through thi process, and 10 see what Council ha done tn the rede,·elopment of 11) e nter. th e other business-suppomve policies and programs currently m place . All tlus has come to~cther to mak e a substantial contribu11on 10 Gan's interest m Englewood. he a,d. If th e ompany decides 10 mo,e here . "e are talking about the redevelopment of a ninety-two thousand square foot "'archouse propcn). he ad, 1scd . This would becon1e corporate headquaners for a S 1.1 bi I hon company. Th, ,s a orporate headquaners that would have 265 employees with a potential 10 go up to 420 employee . he ad, ,sed. For a commu n11 y the size of Englewood. she added. that ts huge. We are talkmg $20 nulhon m annual pa yroll. the 111111al average wage of over $59.000.00, she said, while the average Colorad "age c urrentl y 1s S34 .000 .00. These are high-wage employees, with over two-thirds at a profe s 1onal level. The entire executl\e staff \\ould be here and, on day one, they would be the eight largest employe r m the 11 y of Eng lewood. If the y go through with all their expansion plans. the y co uld easil y chrnb to number s ,x or number five , she said . This company is planning a $5 million to S8 million investlllent 111 expan ion and mves tment, so this is all a part of Council 's continued suppon for the Englewood busi ne s commumty. Wnh the relocation of1h1s t ype of company you will increase the da)Oime demographt and th e sub equent spendmg that goes along with that. Ms. Johnson said you will also increase bus me ss at both 11yCenter and Broadway. Eeonom,c development models, for example, show that there will probabl y be three re taurants that will open or expand to meet the potential of the $20 million in annual payroll. We also an11c1pa1e over $500.000.00 in sales tax revenue in the fifteen-year lease , just based on the spendmg from the people m th e company. We have had the proposed mcentives for economic developlllent re\'lewed by taff, she a,d , and we have had an opponunity to work through issues with Gan Company. We are re ommendmg appro,al of the resoluuon before Council tonight, she said . This i a rebate of a pon,on of" hat the company will be pa yi ng 10 the City . The C11y will accrue all the taxes and then rcnut ba ck 10 the company m the form of th e rebate , she advised. Actual expansion, rather than planned expansion. w1ll deterrnme the rebate . she aid. so, if yo u look at the resolution you will see there are ca ps m place and 11 1s ba sed upon actual amounts . • ) I • • • • Englewood City Council May 21, 2001 Page 9 . . • • -' This is through the life of the busines s. she said . We anticipate our value and their investment 111 the community, our cost and the benefit to the community. to result in a benefit s-to-cost rati o. with benefits. of three to one. We think that is s ubstantial for this city. she said . You will notice we are look111 g at roughly $205 ,000.00 in rebate potential. but yo u are also looking at a company that is puttin g Ill o, er $260.000.00 m their 0\\11 co t, plus yo u are looking at rece1nng $6 6.000.00 in d,rect benefits . Those are such thmgs a pemtit fees, review fee s. use tax and so on. as \\ell as propeny tax. once the iniual time frame ha gone by. plus the sales tax . This falls within prev,ou Coun c ,I actions , and there are also indirect benefits. s uch as increasing awareness in a positive perception of Englewood. a higher image and hi gher profil e to attra l other office users . The City has been very fonunate m their efTons for redevelopment. she sa id . and thi s , something that will as 1st General Iron Works. perhaps Elat1 and perhaps Acoma as the y are \\Orkmg to attract those types of users to the c n y. The uppon tafT that will come in will al o s uppon other use . she said, such as restaurants , office supply. attorneys . retail. perhaps a hotel that would be interested m locatmg near a corporate headquaners ofth1s size. As previously mentioned. 11 falls wnhin previous Coun 11 actions, such as First Data relo auon, and \\Orkmg wnh the Ca tal ys t Program, which is s purrin g economi c development and gr0\\1h along th e commerc ,al comdors. We are looking at the size oftl11 type ofa project as roughly m the same leag ue a doing fifteen Catalyst Programs over a course of five years . that ,s three a year. she said, and the program current!) 1s domg eight to fifteen . They are primanly on Broad"ay. but 1t ts open to Hampden comdor . M . Johnson urged uppon of the resolution so that the y can move forward on this project, and onunue ne gouauon with the company as the y make their relocation plan s. Council Member Wolosyn asked what Ms. Johnson meant by ··Jife of the bu s ine ss··. Ms . Johnson responded that the company, negouaung a fifteen-year lease, so "e know th ey \\Ould be here a minimum of fifteen year . The y also ha,·e so me options after that , but they ha,·e already aid the ) do not want to do this every twenty years . This 1 the first time that Gan Spons ha s e,-er relocated . and there is a Jot of work and efTon gomg into 11. They are looking forward to being able to consolida te th eir offices, she advised, and arc on a fatrl y fast lime Jme . If evef)1hmg goes through as they hope. the y Stan consttuction in July and their marketing depanment would be takmg over pan of the bu,Jdmg 111 eptember They would do all their O\\TI in-house advenising. so they would have a ponion of the bu,Jdmg set up to do that, she said. and they would be fully moved in by mid-November. That is a really fast lime lme 10 get things accomplished . Regarding the Financial J~act Sheet. Council Member WolOS)11 asked. where it says "year rwo to five Gan costs". if that meant each yea r or all three years lumped together. M . John on 31d II mean lumped together. Mayor Bums commented that he also had wanted to clarify that pomt. And that as" here you are gen mg the $205,000.00. You are addmg the $109,000.00 and the $96,000.00 together as potential benefit . It does compon w11h other benefits we have g iven to First Data, he recalled . Ms . Johnson said we are looking at their cost to the Ci ty at being roughly $296,000.00. Tha t ,s what the y are gomg to pa y in pem11ts and renew fees , which are the fees that are not going to be impacted by thi s . Mayor Bums felt thi s wa obv10usly qu11e a boost to this area . and we hav e always had a problem" 11h our demographics around here . at lea st that ,s what the retailers tell u Counci l Member Bradshaw said that ,s "'hat Maller tell s us . Mayor Bums said yes , we get tired ofheanng 11, but obviously the impetus and the dynamic s are sure to upgrade that . Th,s is the first real dramata evidence we have seen of that smce we have done all the improvements in our proJect here and Ma yor Bums felt it would co ntinue . He sa id he noticed the Denver Po t reported there is a glut of office space now accumulating in the Southeast Comdor and do,.111own . Also , our CAFR says. beca use of those pressures , there ma y be a better market here , in thi s area. and this can only help that . He sa,d he was very pleased that Gan 1s here and thal the y are making this proposal. There was a nice anicle in the Post on the eighteenth, with a pi cture of their CEO, who came here to our meeting. Mayor Bums said he was very excited about this, and he felt we should approve it. ) I • 0 ] e r • -• Englewood City Coun ci l May 21 , 2001 Page 10 '· .. • •• • Council Member Wolosyn said this is an example of where we spend money in ci ties for other reasons than to make money. We are investing in changing the face of the community and making sure that it is viab le m twenty years . If we do things like this, the community won ·t decay, it will grow, we hope, and that is more important sometimes, she said. Council Member Garren asked, regarding the status of the negotiations with the current ol'11er of the properry, what the drop-dead date to make a decision would be . Ms . Johnson asked Mr. Frieder ifhe had an answer for that. She said she knows the properry 0"11er is very interested in ha vi ng them there and is very motivated, but she was not sure if they have a drop-dead date . Mr. Fneder said not exactly, but their goal is to reach an agreement as soon as possible. Mr. Garren said he did 001 know if the y were under pressure to vacate the premises in some of their satellite offices. Mr. Fneder said the pressures are in1emal and they would like to c.onsolidate as soon as possible, but the pressures are not from outside sources. Ms. Johnson said the land ol'11er is very motivated for them to stan construction on Jul y I", 10 try to meet that time line, so there is a lot of potential there to get that accomplished. Council Member Grazulis comment..-d that she sees this as a tremendous value 10 Englewood. and welcomes their thinking of Engfe,.•ood in thi s manner. Mayor Burns said he is impressed b y the time hne, as it 1s much quicker than you would expect . The resolution was assigned a number and read by title : RESOLUTION NO. 45 , SERIES OF 2001 A RESOLUTION AUTHORIZING AN INCENTIV E PAYMENT AGREEMENT BETWEEN GART BROS. SPORTING GOODS COMPANY AND THE CITY OF ENGLEWOOD FOR REDEVELOPMENT AND CONSOLIDATION OF THE GART BROS. SPORTING GOODS COMPANY CORPORATE HEADQUARTERS TO BE LOCATED AT 1050 WEST HAMPD EN A VENUE, IN THE CITY OF E!'l:GLEWOOD, COLORADO. COUNCIL MEMBER WOWSYN MO\IED, AND IT WAS SECONDED. TO APPRO\'[ AGENDA ITEM 11 (<') (i) -RESOLUTION NO. 45, SERIES OF 2001 . Ayes : Council Members Garren, Bradshaw, Wolosyn. Grazulis. Bums Nays : None Absent : Council Members Nabholz, Yurchick The motion ca rried . 12 . General DiKussion (a) Ma yor's Choice (1) Mayor Bums said Council has not mel formally since he and Council Member Wolosyn went 10 the DRCOG workshop and retreat on the 12th . He felt it was quite beneficial and would like to ha,·e DRCOG come down to a S!Udy Session and explain where the restructuring and re-staffing is going. Bill Vidal , the Exec utive Director, is asking the board to be muc h more pro-active in making d ec isions about the transportation needs of the metro area than they ha ve in the past. He felt there would be some interesting things happening with DRCOG in the near future . (ii) Mayor Burns advised that the contractor for the TREX construction would be announced tomorrow, and he would be anending with City Manager Sears . We will see what comes of that , he said, and what the planning is . Shonly thereafter there will be more meetings on the Southeast • • ) I • 0 • • -• Englewood C ity Council May 21 , 2001 Page 11 • • -' Corridor as the contracto r is se lected and the design phase come s along, so we will lmow more about how that might impact us . (iii) Mayor Bums stated that on aturda y mommg he appeared at a Pan -A ,an Deve lopment C onference in Westminster. He sa id he was asked Se\'e ral limes to go to thi s. and the ma yo r of Lakewood was the re , too . Several o f these fo lks, as often happens wnh o ur Eng le \\OOd addre se 111 th e Southeast Corridor, were full y convinced that the y were in the Ctty of Eng lewood and that the y shou ld make contact with the mayor of Englewood. He sa id he had to ex plain once aga111 where th e Ctry of Englewood actually is , but they were, ne vertheless, interested in our c ultural ans and \\e ma y ge t ome more contacts from thi s conununity. (b) Council Members ' C hoice (i) C ounci l Member Garrett : I . He said that, keeping with past tradition. he would hke to make a mo ti o n regarding th e Keep Eng lewood Beautiful Golf Tournament. COUNCIL MEMBER GARREIT MOVED, AND IT WAS SECONDED. TO SPONSOR. AS A COUNCIL EIGHT GOLFERS IN THE KEEP ENGLEWOOD BEA UTIFUL GOLF TOUR!IIAMENT ON JUNE 11 , 2001 AT THE ENGLEWOOD GOLF COl'RSE . Ayes : Council Members Garrett . Brad haw. \\"olo yn , Grazuli s. Bums Nays : None Absent: Counc il Members 1abhol z, Yurchi ck The motio n carried . 2. lfr said a citizen has contacted him regarding traffi c on Oxford. Coincidentally. there was a meeting on Tuesday of last week that they could attend whi ch dea lt with some of those traffi c issues. As we all know, traffic issues are bad throughout the metropolitan area and will cont111ue . he aid . We are starting the processes o f looking at those issues through c nizen forums thi s month and nex t mo nth . (ii) Council Member Bradshaw: I . She advised that !be MOA exhibit, Myths and Legends , would be featuring local ant t Lynn Flieger Countryman, who grew up in Englewood. That w,11 be from the 21 M of thi s month to the I ·•h of August, s he said . 2. She thanked Open Space Manager Lee for being so re sponS1\'e 111 c lea ning up the storage area at the Servicenter. She sa id she reall y appreciated hi s effons and his w,lling ne ss to ho ld the C ity to the same standards that we ask of our c iti zens . (ii,) Counci l Member Grazulis : I . Sbe recommended approval of the renaming of the re so urce room for the Englewood H is torical Society as the Roy and Ethel A ltenbach room. They have been so d ed icated and committed! to Eng lewood over the years and she fe lt II was \'Cf)' important that we recognize them. COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO RENAME THE ENGLEWOOD HISTORICAL SOCIETY RESOURCE CENTER ROOM TO THE ETHEi. AND ROY ALTENBACH HISTORICAL RESOURCE CENTER ROOM . Mayor Bums sa id "e ha\'e a renanung policy, but he felt thi s would be a wonderful ho nor for the m and he cenamly appro\'e S. • ) I • 0 • • -• Englewood City Coun c il May 2 1, 200 1 Page 12 \' ote results: • ... • - Ayes : Nays : Coun cil Members Garrett. Bradshaw, Wolosyn. Grazulis , Bums None Absent : Council Members Nabho lz. Yurchick The motion carri ed. 2 . She sa id she was respond ing publicl y to a re s id enl°s ca ll regardi ng So uth Wa shin gton Stree t parking concern s again . She said she spoke with Director Ross about it. a nd so me other people. The caller said he wanted to reiterate that it 1s not th e students that he is dissatisfied \\~th . It is the after sc hoo l and weekend activities, which are every weekend. including Sundays . He wanted Coun ci l to re visit the So uth Washington parking problem to see if it should be by perm.it. Mayor Bums a sked if s he had spoken w11h Dire tor Ross about 11 . Ms . Grazuli s sa id she had. She said she wa s bringing it forward because the gentleman did not th ink that people li sten to him and so she wa s lettmg him know that Council 1s li steni ng and are aware of hi co ncern s . 3 . She said she parked m the lot Just "est of the Malley Ce nt er the o th er day a nd noticed a lo t of tra sh in the bushes and a lon g th e gutters . (1v) Coun ci l Member Wolosyn : I . She expressed appreci ation for being able to go to th e DR COG retreat. especiall y on \\' ednesday night. when the spent four hours discussing that night 's iss ue s. 2. On Saturday, she said she was fortunate enough to ha ve Gary Sears and Gary Hultbe rg "ith her for a meeting with the SMARTS! group, which is in the development stages of the South Met ro ARTS Center In itiative . She said , for her. it was a great opponunity. she was glad she got to speak. and al o. he felt they have great arguments for the presence of ans centers as regional gathenng places and a th e ii na l component to make a community. She did not feel , howe ver. that th eir solution fit s as well as the one that Englewood is plannmg. But 11 was great , she ass encd. She aid she wa s afraid to go and g lad that he went. 3. She recalled that , bac k when they did th e ordinance on the S"ed1s h Ho pital add11i o n. 1ty Manager Sears had introduced her to Mary White , and the y talk ed about the hospi tal and the City. She sa id she had mentioned th e Swedi s h Task Force , jokingly, that we have thi s thmg that she and Coun c il Member Yurchi ck se rve on that had ne ver had a meeting. She said we should get it go mg again and . a t th e ACE meeting a couple of weeks ago. Kath y Ashenfelter told her Ms. White wamed her to ca ll her, so we are gomg to have a mee ting . She sa id we should meet for a preliminary d isc uss ion on what it wi ll be and what the ta sks will be. She said, bes id es he rself, it wou ld be Co un ci l Member Yurchick and , al so, C it y Mana ge r Sears will s it in on th e meet mg of May 30'h at 7 :30 p .m . Ms. Wolo syn added that the y had not had a chan ce to ta lk about how s uccessful ACE was . S he said II was a great meetmg with new voices and people not reall y kn owi ng each oth er, but conii m1 ing each oth er"s ideas about the Ci ty. She felt it was very enli ghtening and positi ve . 4 . She said that Marilyn Brenengcn, of th e Greater Eng lc "ood Cha mber of Commerce, had asked . thro ugh City Manager Sears, to ha ve a mee ting of th ose three major grou ps, th e C it y, Englewood for Businesses and the Chamber. She sa id that she and Coun ci l Member Yurc h1 ck felt that AC E had to be a pan of it , just to discuss th e b ig p ic ture of" here we are going . That meeting will be on Ma y 3 1 ", s he advised , at 7 :30 p .m . • I • 0 - • • • Englewood City Council May 21 , 2001 Page 13 •· ;. ...... ... • .. .. • -.. City Manager Sears said he thought it was going to be in the afternoon. Ms . Wolosyn said yes, he wa s correct, it will be in the afternoon. Business and Redevelopment Coordinator Johnson stated that the meeting \\ill be on May 31" from 9 :00 a .m. to 11 :30 a .m. at the golf course. 13. City Manacer's Report (a) City Manager Sears advised that he had spoken "~th Open Space Manager Lee today. It appears that, even though the storm was preny tough last night , we reall y only lost a linle bit of vegetation in some of our parks. We had some neighbors who had problems, so our crews \\ere helping them, he said, but we came through a preny severe storm in a lot bener shape than he thought we would . (b) City Manager Sears said that he went with Chris 01 on. Don S hoenbein and Jim Ul ri ch to Enunittsburg to receive an award last week for our training . It was very mce and we are proud to have received it, he said. 14. City Attorney's Report (a) City Attorney Brotzman advised that he would be gomg on vacation. Nancy Reid will be taking care of the legislative and administrative matters , he said, and Dugan Comer and Chip Rich will be taking care of prosecution. Mr. Brotzman said he would be leaving tomorrow and would be gone for two weeks. 15 . Adjournment MAYOR BURNS MOVED TO ADJOURN. The meeting adjourned at 8:30 p.m . • ,• .. ' ) I • 0 - • • • 1. 2 . 3 . 4 . 5. Call to o rde r. In vocation. Pledge o f Allegian ce. Roll Call. Minutes . I • .. • • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, MAY 21, 2001 7:30 P.M. Englewood Civic Cente r 1000 Englewood Parkway Englewood. CO 8011 0 a. Minutes from the meeting of Regular City Council Meeting of May 7, 20 0 1. ... 6 . Scheduled Vi si tors . (Please limit your presentation to ten minutes.) 7. Unscheduled Vi si tors . (Please limit your presentation to fi ve minutes.) 8 . Communications, Proclamations , and Appointments. a. A proclamation declaring Milton and Bernice Senti as Englewo od 's Citizens of the Year for 2001 . 9 . Public Hearing (None scheduled ) 10. Consent Agenda . a. Approval of Ordinances on First Reading. i. COUNCIL BILL NO. 24 -Recommendation from the Utilities Department to adopt a bill for an ordinance approving a License Agreement with the City of Littleton for a storm drain crossing across the City Ditch right-of-way at Aspen Grove. STAFF SOURCE: St-art H. Fonda, Director of Utilities . • I • 0 • • • • • ' .. Englewood City Co un cil Agenda May 2 1, 200 1 Page 2 • ii. COUNCIL BILL NO. 25 · Re commen dati on from the Utilities Department to adopt a bill fo r an ordinance approving the Wolhurst Landing Good Neighbor Offer relative to the City D itch . STAFF SOURCE: Stewart H. Fonda, Director of Utilities. iii. COUNCI L BILL 0. 28 · Re commendation from the Department of Safety Services to ad o pt a bill for an ordi nance accepting Victim Assistance Law Enforcement (VALE) Grant Funding in the amount of 5 7,562 .00. STAFF SOURCE: Susan McDonnell, Victim,.Witness Services Coordinator. b . Approval of Ordinan ces on Second Reading. i. Co un cil Bill o. 22 , authorizing the re ceip t of Great Outdoors Co lorado gran t funding fo r Sou th Santa Fe Open Spa ce . ii. C o un cil Bill o . 23 , assigning and transferri ng to the City and County of Denver th e ::!001 City o i Englewood alloca tion from the State of Colorado ceiling for prhate activitv bonds to finan ce residential hous in g facilities for low and middle income persons within the City of Englewood and ce rtain o th e r ci ti es and counties in th e State of Colorado. c. Res ol utions and Mot ions . 1. Re commendatio n from th e Co mmunity D eve lopment Department to adopt a resoluti o n approving the Final Pla t fo r Montcaro Subdi vision . STAFF SOURCE: Tricia Langon, Senior Planner. ii. Recommendation from the U tilities Department to adopt a resolution approvi ng a license Agreement and a Grant of Construction Easement to Watson Lane , L.L.C. for the construction of Watson Lane ac ross the Brown Ditch . STAFF SOURCE: Stewart H. Fonda, Director of Utilities. iii . Recommendation from the L1ttl eto n/Englewood Wastewater Treatment Plant Supervisory C ommittee to apprO\e , b m o ti on , the purchase of office furnishings for the Plant 's Service/Suppo rt Faci litv Expansi o n . Staff recommends awarding the contract to th e lowest bidder. Jordy Carter Commercial Interiors, in the amount oi S66,2::!3.20 . STAFF SOURCE: Stewart H. Fonda, Director of Utilities. iv. V. Recommendatio n from the Depa rtment of Publi c Works to approve, by motion. a constru ction contract for C onc rete Program 2001 . Staff recommends awarding the bid to the o nly technic all y acceptable bidder, Concrete Works of Colorado, in th e amount oi S 180.270.00. STAFF SOURCE: Ken Ross, Director of Public Works . Re commendation from the Library Department to approve, by motion, a contract for the Historical Structure Assessment of th e Englewood Santa Fe Depot. Staff recommends awarding the contrac t to Slater·Paull & Associates, Inc. at a cos t of $12,000. STAFF SOURCE: Hank Long, Library Director. Plwe note: If you lane a disability and wd alllliliary aidt or...._, plwe notify the City of Eftll1111CNNI (303-762·2405) al lull 48 hours in advance of when_... .. __._ 11lank you. I • 0 • • • , ... ~ I • • Engle'fllood City Council Agenda May 21, 2001 Page 3 11. Regular Agenda . a. Approval of Ordinances on First Reading. i. COUNCIL BILL 0 . 26 -Recom mendation from the City Manager's Office to adopt a bill for an ordinance approving the 2"d Amendment to the Sublea se and Agreement with the Museum oi Outdoor Arts . STAFF SOURCE: Michael Flaherty, Assistant City Manager. ii. COUNCIL BILL NO. 27 -Recommendation from the Department of Parks and Recreation to adopt a bill for an o rd inance approving an Intergove rnmental Agreement with South Suburban Park and Recreation District for maintenance of the Big Dry Creek Trail. STAFF SOURCE: Jerrell Black, Director of Parks and Recreation and Dave Lee, Manager of Open Space. b. Approval of Ordinances on Second Reading. c. Resolutions and Motions. i. Recommendation from the Community De velopment Department to adopt a resolution authorizing an Incentive Pa yment Agreement with Cart Br os . Sporting Goods Company for relocation of their corporate headquarters to CityCenter Englewood. STAFF SOURCE: Jan Johnson, Business and Redevelopment Coordinator. 12. General Discussion. a. Mayo r's Choice . b . Council Members' Ch oice . 13 . City Manager's Report. 14. Ci ty Attorney's Report . Adjournment . The following minutes were transmitted to Ci ty Council between May 4 , 200 1 -May 17, 200 1: Englewood Public Library Board meeting of April 10, 2001 Keep Englewood Beautiful meeting of April 10, 200 1 Englewood Parks and Recreation meeting of April 12. 2001 Englewood Planning and Zoning Commission meeting of April 17, 2001 Englewood Code Enforcement Advisory Committee meeting of April 18, 2001 Englewood Urban Renewal Authority meeting of April 18, 2001 Plwe DOie: If you luive a diAbilty and need ___, • or Rmc:et. plwe notify the Oty of Englewood (303-762-2405) at leat 41 bouts in advMa of wt.. lefficel-.-ded.. 11lanlc you. ) I • 0 • • 1. 2. 3. 4 . iO~;s . ~-'5.1) 6 . 7 . ~ ~, ~ 9 . I • • ·~ • • ... AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, MAY 21, 2001 7:30 P.M. Englewood Civic Center 1000 Englewood Parkwa y Englewood, CO 80110 Call to order. ? : 4-:;;. P· rn . In vocation . Bt,l,VYl)<J Pled ge of Allegiance . t/..l,'V)1£) RoUC.11. 5,,,,_J(m-J-N•M.JJ' !/~) Minutes. a. Minutes from the meeting of Re gular City Coun ci l Meetin g of May 7, 2001 . Scheduled Visitors. (Ple ase limit your presentation to ten minutes .) fZ5"' a. A proclamation declaring Milton and Bernice Se nti as Englewood 's Citizens of the Year for 2001 . Public Hearing (None sched uled ) 10. Consent Agenda . ~-~/0(?.V~~ ~~ ~ ,a. . Approval of Ordinances on First Reading. . ~~-. .).·'ii _i ,J. COUNCIL BILL NO. 24-Recommendation from the Utilities Department to V... adopt a bill for an ordinance approving a License Agreement with the City of i>-' , .,,\,. •• ,) Littleton for a storm drain crossing across the City Ditch right-of-way at Aspen b 1..-l t,J"'"., Grove. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. iJ 10c. t,,0 Please note: If you law a 4ilability. ~. ~ auxiliary aids or semc:es. pleme notify the City ~ Englewood (303-762·2405) at lelll ~~in advance of.._..,... ae .-ded. thank you ·:,' ' .. • I I • 0 ] • • • • - t n gtewood City Council Ag enda Ma y 21 , 2001 Page 2 ii. COU CIL BIL L 0 . 25 -Recommendation from th e Utili t ies Depa rtm ent to ad o pt a bill ior an o rd inance approvi n g the Wol hurst La n ding Good Neighbor Offer relative to the City D itch. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. iii. COUNCI L BILL NO. 28 -Recommendation fr o m th e Departmen t of Sa fety Services to adopt a bill for an o rdinance accepting icti m As sista nce Law En fo rcement (VALE ) Grant Funding in the amount of Si .562 .00. STAFF SOURCE: Susan McDonnell, Victim/Witness Services Coordinator. b . Approval o f Ordinan ces o n Se cond Reading. Co un ci l Bil l o . 22 , auth onzmg the re c e ip t o f Great Outd oors Co lo rad o grant funding fo r So uth Santa Fe Open Spa c e . Co un cil Bill No. 23 , assi gnmg and transierring to the Ci ty an d Co untv o i Denver the 200 1 Ci ty o i Eng lewoo d alloca t ion fr o m the State of Colorado c eilin g fo r pri vat e activity bonds to finan ce residential ho using facilities fo r low and m iddle inco m e persons wi th in the City o f Eng lewood and ce rtain other ci ties and co unties in the State oi Colo rad o . c. Reso lutio ns and Moti o ns. ii. iii. iv . Re com m endatio n from the Co mmunity D evelo pment Department to adopt a res ol ution approving the Final Plat fo r Montcaro Subdivisi o n. STAFF SOURCE: Tricia Langon, Senior Planner. Recommendation from the Utili ties Department to adopt a res o lution approving a License Agreement and a Grant of Construction Ea se ment to Watson Lan e, L.L .C. fo r the construction of Watson Lane across the Brown Ditch . STAFF SOURCE: Stewart H. Fonda, Director of Utilities. Reco mmendation from th e Li ttleto n/En glewood Was tewa ter Tre atment Plant Supervisory C o mmittee to appro ve , bv m o ti on , the purcha se of office furnishings fo r the Plant 's Service/Supp o rt Facility Ex pan sion . Sta ff recom mends awarding the con tra c t t o the lowest bidder, Jord y Cart e r Co mmercia l Int erio rs , in the amount o f 566,223.20. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. Re co mmendation from the Department of Pu blic Works to approve, by motion, a constructi o n contract for Concrete Pr og ram 2001 . Sta ff re co mmends awarding th e bid to the only techn ica ll y acceptable bidder, Concrete Works of C o lorado, in the amoun t of S 180.2 70 .00. STAFF SOURCE: Ken Ross, Director of Public Works. ~' V. ~: Re co mmendatio n from the Lib rary Department to approve, bv motion, a co ntract for the Historical Structure Assess ment of the Engle wood Santa Fe Depot. Staff re comm en ds awarding the co ntra ct to Slater-Paull & Associates , Inc. at a cost of S 12 ,000. STAFF SOURCE: Hank Long, Library Director. -• Please note: If you have a disability and need auxiliary aids or services, please notify the City of Engl-ood (303-762-2405) at least 48 houn in advance of when services are needed. Thank you . I • 0 • • Eoig lewood City Council Agenda May 21 , 2001 Page 3 11. Regular Age nda . a. Approval of Ordinances on Fi rst Reading . • •• - . l ,.J~;(/ ' i. COU 1 CIL BILL ·o. 26 -Recommendation from the Ci ty Mana ger's Office to I/JV:::· 'Jh ,, ,~)A.btil-adopt a bill fo r an o rdinan ce approving the :1"d Amendme nt to the Sublease and ~ W CJ.fr Agreement with the ,v1useum of Outdoor A rts. STAFF SOURCE: Michael 6-0 Flaherty, Assistant City Manager. ii. COU CIL BIL L NO. 27 -Recommendation from the Departmen t of Parks an d . L 0,.JJ,(.tfl rRecreation to adopt a bill fo r an ordina n ce approving an Intergovernmental . ~ ! ,f'it Agree ment wi th South Suburban Park and Recreation District for mainten an ce ot · -_ /,trf/ f? th e Big D ry Creek Trail. STAFF SOURCE: Jerrell Black, Director of Parks and ~-0 ,,_ Recreation and Dave Lee, Manager of Open Space. ,, 6 .. b. Approval of Ordinances o n Second Reading. Jif' C . Resolutions and Motions. t?~:6 6·0 Recommenda tion from the Community Development Department to ad o pt a resoluti on authorizing an Incen tive Pa y ment Agreement with Ca rt Bros. Sporting G oo ds Companv fo r relocation of their co rp o rat e headquarters to City Center Englewood. STAFF SOURCE: Jan Johnson , Business and Redevelopment Coordinator. - 12. G eneral Discuss ion . a. Mavor's Ch oice. b. Council Members' Choice. 13. C i ty Manager's Report. 14. City Attorney's Report. Adjournment. <J i .:t)~ The fo ll owing m inutes we re transm itted to City Council between May -l, 2001 -May 1 7, 2001 : Englewood Public Lib ra ry Board meeting of Ap ril 10, 2001 Keep Englewood Beautiful meeting oi Apri l 10, 2001 Englewood Parks and Recreation meeting of April 12 , 2001 Englewood Planning an d Zo nin g Commission meeting of April 17, 2001 Englewood Code Enforcement Adviso ry Committee meeti n g of Ap ril 18 , 200 1 Englewood U rban Renewal Autho rity meeting of April 18, 2001 Plea1e note: If you luive a disability and Med auxilwy aids or MMCB, plea1e notify the City of Englewood (~5) at leMt 48 houn in allvance of when ~ are needed. Thank you. I • 0 • • -• I . Call to Order ' . .. • • -.. ENGLEWOOD CITY COU;',CIL ENGLEWOOD, ARAPAHOE COt;NT\'. COLORADO Regular Session May 7, 2001 . . The re gular meeting of the Englewood City Co un ci l was called 10 order by '.\1ayor Bums at 7:4 0 p.m. 2. Invocation The invocation was given by Council Member '.'Jabhol z . 3. Pledge of Allegiance The Pledge of Allegiance was led b y Mayor Bums . 4 . Roll Call Present: Absent: A quorum was present. Also present: 5. Minutes Council Members Nabholz . Grazuhs. Garrett, Brads haw. Wolosyn. Yurchick. Bums None City Manager Sears City Attorney Brotzman City Clerk Ellis Director Eaton, Human Resources Director Ross, Public Works Director Olson, Safety Services Special Services Officer Maxwell. Safety ervices EEF Director and Engineering Manage r Kahm Director Simpson. Commun ity Deve lopment (a) COUNCIL MEMBER WOLOSYN MOVED, A.l'ID IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF APRIL 16, 2001. Ayes : 1 ays: Motion carried . 6. Scheduled Visitors Co unc il Members Na bholz , Garrett , Bradshaw, Wolosyn. Yurchick, Grazulis, Bums No ne (a) Doug Monon. President and CEO of Gan Spons, said he wanted to talk a little bit thi s evening about what Gan is today and give Council a description of the project they are proposing , at what 1s c urrentl y a Home Base s ne across the street. Gan is the second largest and faste st growing full line sponmg goods retai ler in the country toda y, he said, and we are in the middle of acquinng another company in Texas. We will have annual revenues around SI .2 billion next year, with over 11 ,000 employees from Florida 10 California . We are in the middle of an acqui s ition. he said, which makes it I • 0 • • Englewood C ity Council May 7, 2001 Page 2 ··:,• • •• - nece sary for us to look for altemate space for our corporate headquaners and to bring what is kind of a campus like environment into a single building. As I began 1he process with our real es tate group looking at sites across the city, he said , this site became kind of an ideal target for me . While 1t is clearl y not 1he on ly site we had available to us. after looking it over. .. the location. 1he acces s to light rail , and the central nature of this site ... we became very enthused about it. He pointed out that once we get done with thi s transaction, we will actuall y operate stores under three names m l\\ent v-seven tale s and have a corpora1e office staff that will stan at around 350 and grow to slightl y over -1 00 a1 the end of 2002 . The annual payroll in this facility would be $26 million in 200 I and we anticipate that will grow 10 S40 million ov~r time . So, he said. what we bring 10 the sue is a base of rela1ivel y hi ghly compensated associates, with an average compensation of about $56.000.00 and 1he opportuni1 y to rede velop a sue that we belie ve. toda y. is bener sui ted to an office space than retail. given the c hanging dynanucs around the retail en,·ironment. The company is very actively involved in the community. We are a sponso r and major contributor to the Nationa l Sports Center for the Disabled, Ch1ldren·s Hospital and the Avon Breast Cancer Run . So we ha ve been invo lved with community affairs, he s aid. and as man y o f you kn ow 1he ompany 1s almos t I 00 years old. The company was founded in 1916 by the Gan famil y . He noled the famil y ha sn 't been in\'olved in the business since 1992 . We are publicly traded and loday we have a very. very diverse mana gemem gro up that runs. what I think. is the finest quality fu ll line sponing goods c hain in the United Slates. So . he said. after we reall y spent a lot of time looking a1 other sites. we 1h1nk 1hat 1he entire process reall y led us 10 focus on thi s as our primary target. I th.ink the City of Englewood has done a tremendous JOb rede,·eloping the corridor. he said, and , actuall y. what really enthused me aboul the whole proc ess was walking int o the C i1y offices about four o r fi ve months ag o, frankl y, 10 pa y a speed111 g uc ket. I wa s amazed al wha1 yo u have done here. between the rede\'elopment of the fonner Fole y's s ne an d the ne w retail go in g up he re . We reall y think. he said. that 1h1s is a unique opponumty for us 10 beco me part o f wha1 . I 1hmk . 1s a very changing, ver y umque environment here and the central locati on 10 li ght rail makes It perfec1 fo r us . He asked if Coun 11 had any questions. Mayor Bums, on behalf of Council. sta ted that the y welcome Gan·s presence . Council 1s very enthusia sti c about Gan's interest m the ny , he said. we are very proud of what we have acco mpli s hed and we will be doing a lot more . Ma yor Burns noted that Council is very favorabl y impressed wnh Gan· s rn1ere st m 1he City. Mr. '.'vlonon stated the y are very favorably impressed with Englewood. I ha ve been a resident of Colorado for rwel ve years and ha,·e watched the cha nges in Englewood. he sa id , and we had a store in lh~ mall uniil 1995 or 1996 . You have done a wonderful JOb in changing the environment h ere. he said. and we are very enthused and we ask Council's s uppon for wha1 we think will be a very favorable change for the C it y 111 teffilS of the use of that space . Mayor Burns thanked Mr. Monon for corrung and he renerated that Council is very pleased 10 have him here . 7 . Unscheduled Visitors There we re no unscheduled visitors . 8 . Communications. Proclamations and Appointments (a) A proclamauon declaring the month of May as O lder Ameri cans Month was cons idered . COUNCIL ME:\1BER BRADSHAW MOVED. AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 8 (a) -A PROCLAMATION DECLARING THE MONTH OF MAY AS OLDER AMERICANS MONTH. Ayes : Counc il Members Nab holz. Garrett, Bradshaw. Wolosyn. Yurch1ck, Grazu lis , Bums • I • 0 ] • • -• Englewood City Council May 7, 2001 Page 3 Nays: Motion carried. • ... • - None Mayor Bums presented the proclamation to Joe Sack, Director o f the Malley Senio r Center and Jim Hanson. President of the Advisory Committee for Malley Center. Ma yor Bums asked for a round o f applause and appreciation for everything they do at the Malle y Center. (b) A request for Council to declare a vacanc y on the Englewood Urban Renewal Authorit y was considered. Council Member Bradshaw said that , in light of correspondence from Mr . Simpson, she would declare that we do have a vacancy on the Urban Renewal Authority due to lack ofanendance . Council Member Grazulis said she would like to thank Mr. Lindsey for the time he served . Ms . Bradshaw agreed and noted that she knows there are some other personal issues going on. Council Member Bradshaw opined that with the new de velopme nt that that board ,s criti cal and it needs to be one hundred percent. COUNCIL MEMBER BRADSHAW MOVED. A.'ID IT WAS SECONDED. TO DECLARE A VACANCY ON THE E:"IGLEWOOD URBAN RE~EW AL AUTHORITY. Ayes : Nays: Mot10n carried. Council ~embers Nabholz. Garre n, Bradshaw. \V o lo syn , Yurchick , Grazulis , Bums None (c) A resolution appointing Ronald Fish to the Englewood Urban Renewal Authority was considered. COUNCIL MEMBER WOLOSYN MOVED. A,'ID IT WAS SECONDED. TO APPROVE AGENDA ITEM 8 (c) -RESOLUTION NO. 32, SERIES OF 2001. RESOLUTION NO . 32. SERIES OF 2001 A RESOLUTION APPOINTING RONALD FISH TO THE L:RBA'.'J RE1'EWAL A T HORlTY FOR THE CITY OF ENGLEWOOD, COLORADO. Vote results: Motion carried. Ayes: Na ys: Council Members Nabholz, Garren, Bradshaw, Wolo syn , Yurchick, Grazulis, Bums None (d) A resolution appointing Kath y Ashenfelter as a member to the Alliance for Commerce in Englewood was considered. COlNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 8 (d) -RESOLUTION NO. 33. SERIES OF 2001. RESOLUTION NO . 33, SERIES OF 2001 A RESOLUTION APPOINTING KA THY ASHENFELTER TO THE ALLIANCE FOR COMMERCE IN ENGLEWOOD (ACE) FOR THE CITY OF ENGLEWOOD, COLORADO . • ) I • 0 - • • • Englewood City Co uncil May 7. 2001 Page 4 Vote re sult s: Ayes: Nays: Motion carried. • ... ., • -' Cou ncil Members Nab holz , Garren, Bradshaw, Wolosyn . Yurchick, Grazulis , Bums No ne .. {e) A resolution appointing Deb Guinther as a member to the Alliance for Commerce in Englewood was considered. COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPRO VE AGENDA ITEM 8 (e) -RESOL UTIO N NO . 34, SERIES OF 2001. RESOL UT IO. 1 NO . 3-1 , SE RJ ES OF 200 1 A RESOLUTIO APPOINTING DEB GUINTHER TO THE ALLIANCE FOR COMMERCE rN ENGLEWOOD (ACE) FO R THE CITY OF ENGLEWOOD, COLORADO. Vote results: Ayes : Nays : Motion carried. Co uncil Members Nabholz, Garren, Bradshaw, Wolosyn. Yurchick, Grazu lis , Bums 1one (f) A resolunon appo int ing N ick Panena as a member to the Alliance for Co mmerce 111 Englewood was considered . COUN CIL MEMBER WOLOS~ MOVED, AND IT WAS SECONDED, TO APPROVE AG E~DA ITEM 8 (f) -RESOL UTION NO . 35, SERIES OF 2001. RESOLUTIO N NO . 35 . SERJES OF 2001 A RESOLUTION APPOINTING NICK PANETTA TO THE AL LI ANCE FOR COMME RCE IN ENGLEWOOD (ACE) FO R THE CITY OF ENGLEWOOD . COLORA DO . Vote results : Ayes : Nays : Motion carried . Co unc il Members :slabholz. Garren. Bradshaw, Wolosyn, Yurchic k. Grazulis , Bums None (g) A resol ut ion appointing S teve Schalk as a member to the Alliance for Co mmerce in Englewood was considered . COUNCIL MEMBER GRAZ ULIS MOVED, AND IT WAS SECONDED, TO APPRO VE AGE NDA ITEM 8 (g) -RESOL UTIO N NO. 36, SERIES OF 2001. RESOLUTION NO. 36, SERIES OF 200 1 A RESOL UT ION APPOINTING STEVE SC HALK TO T HE ALLIANCE FOR COMMERCE IN ENGLEWOOD (ACE) FOR THE C ITY OF ENGLEWOOD , COLORADO. Vote results: • I • 0 • -• Englewood City Council May 7, 2001 Page S Aye : Motion carried . Na ys : '·' • • - Counc il '.\1embers 1 abholz . Garrett , Bradshaw. Wolosyn . Yurch,ck. Grazuhs. Bums No ne .. (h ) A resolution appo mring Randall Taylor as a member to the Alliance for Commerce in Englewood was considered. COUNCIL MEMBER WOLOSY~ MOVED, Ai'\"D IT WAS SECONDED, TO APPROVE ..\GE:\'D..\ ITEM 8 (h) · RESOLUTION NO. 37, SERIES OF 2001. RESOLUTION NO. 37 , SERJES OF 2001 A RESOLUTION APPOINTING RANDALL TAYLOR TO THE ALLIANCE FOR COMM ERC E I:"/ ENGLEWOOD (ACE) FOR THE CITY OF E GLEWOOD. COLORADO. Vote results: Ayes : Motion carried . Nays: Council Members 'abholz, Garrett, Bradshaw. Wol osyn. Yurchick, Grazulis , Burns None Mayor Bums presented a cenificate and City pin to Mr. Taylor. Mr. Taylor thanked Council and stated that he looks forward to working with ACE, as we mo ve into th e next millennium. I am excited and I really feel I can contribute from a technology standpoint, he said . Mayor Burns thanked Mr. Taylor. (i) A resolution appointing Doug Van Der Zwaag as a member to the Alliance for Commerce in Englewood was considered. COUNCIL MEMBER WOLOSYN MOV[D, AND IT WAS SECONDED, TO APPROVE AGEl\DA ITEM 8 (i) • RESOLUTION SO. 38, SERIES OF 2001. RESOLUTION NO. 38, SERJES OF 2001 A RESOLUTIO APPOINTING DOUG VAN DER ZW AAG TO THE ALLIANCE FOR COM'.\1ERCE IN ENGLEWOOD (ACE ) FOR THE CITY OF ENGLEWOOD, COLORADO. Vote results: Ayes : Motion carried. Nays : Coun 11 Members , abholz. Garrett, Bradshaw. Wolo syn . Yurch1 c k, Gr:izuh s. Burns None Ul A resolution appointing Jon Young as a member to the Alliance for Corrunerce in Englewood was considered. COUNCIL :\1EMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 8 (j) • RESOLUTION NO. 39, SERIES OF 2001. RESOLUTION 0 . 39, SERJES OF 2001 A I • 0 • • -• Englewood City Council May 7. 2001 Page6 • • - A RESOLUTION APPOINTING JON YOUNG TO THE ALLIANCE FOR COMMERCE IN ENGLEWOOD {ACE) FOR THE CITY OF ENGLEWOOD, CO LORADO. Vote results : Motion carried. Ayes : Nays: Counci l Members Nabholz. Garren. Bradshaw, \Volos~11 . Yurchick. Grazulis, Bums . one (k) A resolution appointing Jim Rees as an Alternate Member to the Alliance for Co mmerce in Englewood was co nsidered. COUNCIL MEMBER GRAZUUS MOVED, AND IT WAS SECONDED. TO APPROVE AGENDA ITEM 8 (k) -RESOL UTION NO. 40, SERIES OF 2001. RESOLUTIO •. 0 . 40, SERJES OF 2001 A RESOL UTIO N APPOINTI1'G JL~1 REES AS AN ALTER.'JATE TO THE ALLIA'.'/CE FOR COMMERCE IN ENGLEWOOD (ACE) FOR THE CITY OF ENGLEWOOD. COLORADO. Vote resulls: Ayes : ays : Motion carri ed . Council Members Nabholz. Garren. Bradshaw, Wolosyn . Yurchick , G razuhs , Bums None Mayor Burns presented a ce n ificate and Ciry pin to Mr . Ree s . • * * * * Mayor Burns thanked the members who came tonight and all the people who submitted their names to serve on the Alliance. He asked for a round of applause fo r their willingness to serve o n this new bus mes advisory committee. 9 . Public Hearing No public hearing was sc heduled before Council. 10 . Consent Agenda COUNCIL MEMBER GARRETT MOVED. AND IT WAS SECONDED. TO APPROVE CONSENT AGENDA ITEMS 10 (a) (i), (ii), 10 (b) (i), (ii), (iii), (iv),(\'), Ai"ID 10 (c) (i), (ii), (iii), (h'), (v). (a ) Approval of Ordinances on First Reading (i) COUNCIL BILL NO. 22, INTRODUCED BY COUNCIL MEMBER GARRETI A BILL FOR AN ORDINANCE AUTHORJZING AN INTERGOVERNMENTAL GRANT AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND THE STA TE BOARD I • 0 I • • -• Englewood City Council May 7, ?001 Page 7 ..... • .. • -' OF THE GREAT OUTDOO RS COLOR.ADO TR Li ST Fl.iND PERTANIC'iG TO THE SO T H PLATTE RIVER/SA NTA FE CO RRID OR OPEN SPA CE PLAN . (ii) COlJ!',;C IL BILL NO . 23. rNT RODlXED BY COL');C JL ME\<IBER GARRETT A BILL FOR AN ORDrNANCE Al.iTHORIZING THE DE LEGATION TO THE CITY AND COL~TY OF DE "V ER, COLORADO THE ALTHORITY OF THE CITY OF ENGLEWOOD . COLO RAD O WITH RESPECT TO THE ISS LiANCE OF SIC'iGLE F A.\11L Y HOM E MORTG AGE REVENUE BONDS (THE .. BONDS .. ) TO FrNAN CE RESIDENTL-\L H0t.:S l1\G FA CILITI ES FOR LOW AND \<IIDDLE INCOME PERSO NS AND FAMILIES WITHIN THE CITY OF ENGLEWOOD , CO LORADO AND CERTAIN OTHER CITIES A.'lD COUN TIES IN THE STATE OF CO LORAD O: APPROVl1\G SUC H BONDS AND A SINGLE FAMILY MORTGAGE LOA . PRO GRAM : AND AUTHORIZ~G THE EXECUTIO N AND DELIVERY OF A DELEGATIO:sl AGREE~IENT A'.':D OTHER DOCLi~IE:slTS I~ CONNECTION THEREWITH . (b ) Approval of Ordinances on Second Reading (i) ORDINANC E NO . 18. SERIES OF 200 1 (COUNC IL BILL NO . 17. INTRODUCED BY COUNC IL ME~1BER GARREIT) AN ORDINA NC E AME NDI NG TITLE 3, CHAPTER 4. SECTION 3 A:-.JD ADDNG A NEW SECTIOi\ 18 , OF THE ENGLEWOOD MUNICIPAL CO DE 2000 PERTAI NING TO THE CITY OF ENGLEWOOD NONEMERGENCY EMPLOYEES RETIREME NT PL AN . (ii) ORDINANCE :-.10 . 19 , SERIES OF 2001 (COu~CIL BILL NO . 18. INTRODUCED BY COUNC IL MEMBER GARREIT) AN ORDINAN CE APPROVI NG AND AUTHORIZING THE EXECUTION OF !NTERGOVERNMENTALSUBGRAJ"<TEEAGREEMENTSFORTHEYEAR200 1ARAPAHOE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BETWEE N THE ARAPAHOE BOARD OF COUN TY COMMISSIO NE RS AND THE CITY OF ENGLEWOOD. (iii ) ORDIN ANC E '.':0 . 20. SERIES OF 2001 (COUNC IL BILL 0 . 19, INTROD UCE D BY CO 1 'CIL MEMBER GA RR ETT) AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTIO OF TWO INTERGOVERNMENTAL SLJBGRANTEE AGREEMENTS FOR THE 2001 ARAPAHOE COUN TY COMMUNITY DEVEL OPM ENT BLOC K GRA . T PROGRAM BETWEE N THE ENGLEWOOD HO US ING AUTHORITY AND THE CITY OF ENG LEWOOD . (iv) ORD INA 'CE NO . 21. SE RIE S OF 200 I (COUNC IL BILL NO . 20. INTRODUCED BY CO CIL MEMBER GA RREIT ) AN ORDINA NCE AMENDING TIT LE 5. CHAPTER 38 , SECT IO N 3. SUBSECTION B, OF THE ENGLEWOOD MUN ICIPAL CO DE 2000 , WHICH PERTAINS TO OCCUPATION TAX FOR 3.2 BEER ON PREMISES LICE :>ISES AND 3.2 BEER ON /OFF PREMISES LICENSES . (v) ORDNANCE '.'10 . 22 . SERIES OF 2001 (COUNCIL BILL NO . 21. INTROD UCE D BY CO , 'CIL MEMBER GA RREIT) A. ORDINANCE APPRO VI'.'J G AN ENCROACHMENT PERMIT AND INDEMNITY AGREEME:>IT PERTAI NING TO A RETAI NING WALL AND FEN CE IN THE CITY PUBLIC RIGHT-OF-WAY . • ) I· 0 ] • • -• Englewood City Council May 7. 2001 Page 8 .. (c) Resolutions and Motions • • - (i) RESO LUTIO:-.i NO . 41 , SERIES OF 2001 .. . ... A RESOLUTION AUTHORIZING T HE ICMA RETIREME NT CORP ORATION GOVER,'IME;s:TAL MONEY PURCHASE PLAl & TRUST ADOPTION AGREEME1'T. (ii) RESOLUTION NO. 42. SERIES OF 2001 A RESOLUTION AUTHORIZING THE SO LE SO URCE PURCHASE OF AN A TO\.IATED ~I ETE R READING SYSTEM A D WATER METERS INSTEAD OF THE CO MP ETITIV E BID PR O ESS UNDER SECTION 116 (b ) OF THE HOME RULE CHARTER A. D SECT ION -1 -1-3 OF TH E ENGLEWOOD MUNIC IP AL CODE 1985 . (ii,) AMENDMENT TO THE SEWER TAP AGREE:\1E:-.iT WITH ARAPAHOE CHESTER ES HOTEL. (iv) REPLACEMENT OF DRIVING RA 'GE NETTING FOR THE GOLF COURSE BY AMERICA ·s NATIO WIDE NE TTING IN THE A..\.10UNT OF S37.000 .00 (v) JOINT PURCHASE WITH THE CITY OF LITTLETON OF A ROTO :vtlLL MACHINE AND RELATED ACCESSORIES FROM FARIS MACHINERY COMPA:-.JY IN TH E AMOUNT OF S343,677 .00 AND JOINT PURCHASE WITH THE C ITY OF LITTLETON OF A TRAILER TO HA UL THE MACHINE FROM TRANSWEST TRAILERS I . THE A:v!O UNT OF $39 ,300.00 . Vote results: Ayes: Nays : Motion carried. Council Members Nabholz, Garren. Bradshaw. Wolosyn, Yurchick, Grazulis , Burn s No ne 11 . Regular Agenda (a) Approval of Ordinances on First Reading There were no additional items submined for approva l on fir st reading . (See Agenda Item I O -Consent Agenda.) (b) Approval of Ordinances on Second Reading There were no additional items submitted for approval on second reading . (See Agenda Item IO -Consent Agenda.) ( c) Resolutions and Motions (i) Director Eaton presented a recommendation form the Department of Human Resources to approve , by motion. the appointment of a heanng officer for a disciplinary appeal filed b y Officer Todd RcMcr . ,. .. . • I ) I • 0 • • • Englewood City Council May 7, 2001 Page 9 • • • COUNCIL MEMBER BRADSHAW '.\10VED. A,"ID IT WAS SECO:'IDED. TO APPOI:'<T HARRY MACLEA.'I AS THE HEARING OFFICER FOR A DISCIPLl:'IARY APPEAL FILED BY OFFICER TODD RENNER. Motion carried . Ayes : Nays : Co un cil Members Nabholz. Garren. Bradshaw. \Volos~11. Yurchick. Grazul is. Bums None (ii) Director Ro ss presented a recommendation from the Department of Pubhc Works to approve , by motio n. a contract for professional co nsulung services for the C1ty-w1de Pa vement Management Program with Burlstone. In c. in the amount ofS31.261.00. He ad\'i sed that. wnh the ne" right-of-way ordinance. we have accepted certain re sponsibilines that pertain to us . \\'e need to keep the contractors. who want to work on our streets. up to speed. wuh respect to what we are gomg to do a far as maintaining o ur streets. Mr. Ross stated that this new pa, ement management program will bener enable us to give them advance notice as to wha t s tree1s "e are go111g 10 pave in the upcoming years . wnh th e idea that they will get in there, do their rouune mamtenance and hopefully we can avoid s 1tuauons "here the e contractors c ut a brand new street. So we have a need for 1h1s pavement management soft" are system. he said , and we have reviewed the Burlstone system. how 1t works and the peopl e behind 1t and \\C ha ,e worked out an agreement that we believe addre sses o ur needs. as well as protects our intere ts . Direct or Ro ss said we would like Council's okay to enter ,m o tlu s agreement for professional con ult mg sen ,ces with Burlstone. If Coun 11 ha s any questions. he said . I would be happy to try to an s wer them. COUNCIL '.\1E'.\IBER WOLOSYN '.\10\'ED. A."ID IT WAS SECONDED. TO APPRO\'E ACE'.\DA ITE'.\I 11 (c) (ii) -A CO:'ITRACT FOR PROFESSIONAL CO'.'>Sl'L Tlt\G SER\'ICES FOR THE CITY-WIDE PAVDIE:'IT MANACE'.\IE:'IT PROGRAM WITH BURLSTONE . I:'<C. I:'< THE AMOUNT OF SJl.261.00 Motion ca.med. Ayes: Kays : Council Members :S:abhol z . Garrett. Bradshaw. Wo losyn. Yurc hi ck. Grazulis, Bums No ne (iii) Director Olson presented a rec ommendation from the Department of Safety Services to approve, by motion. the purchase . of a new Command Vehicle with funds from the Ci ty's Forfeiture Fund and Department of Justice Grant monies. from Lynch Diversified Vehicle (LDV) tlirough the Government Services Admimstration Program in the amount ofS299,~-17 .16 . He noted the y looked at two co mpanies and they decided to go with LDV . They manufacture about 85 % of the ve hi cles in the country that are used fo r Command Vehicles . He explained that about half of the money will co me o ut of grant money that has been awarded to us through the COPS Program. There are three different grants and we have the poss1b1lit y of gening a fourth one tl11s ye ar Lieutenant Byron Wicks is looking at that. Ri gh t now, he sJ1d , we have about $153,000 .00 in grant mone y se t aside . The rest of the mone y will come from our Forfeiture Fund. he said , so at tl11 point , there are, esse nuall y. no Ciry General Fund monies that are being tied up in the purchase ofth1s vehicle . Director Olson advised that they have researched this for about a year and they think whar we have looked at is gomg to be an extremely fine vehicle for many different events throughout the Ci ty. Co un cil Member Bradshaw asked what it looks like . Director Olson asked 1f she remembered the Shenfrs co mmand van that was used for the parade . Ms . Brad shaw said yes. Mr. Olson advised tha t ou r command vehicle will be bigger and it will house a sigmficant amount of communications equ ipme nt. it 1s obviousl y mobile and II will look, essentially. exactl y hke the one Aurora has. Mr. Olson asked that Dave Max"ell bring forward some of the drawin gs. Director O lso n introd uced Dave Maxwell. our Specrnl Sen·1ces Officer for Safety Services , and noted he ha s been involved with this whole process . He pointed o ut that the y have done a lot of research . I • 0 • • • Englewood City Council May 7, 2001 Page 10 • • - Lieutenant Maxwell reviewed the drawing with Counc il. Council Member Bradshaw commented that it looks like a big motor home. Director O lson said JI 1s lik e a big motor home especially designed for emergency operations. with command centers, video equipment and a va riety of communications equipment. We will be able to take I! o ut on major incidents that \\e have. he said. where we need an enclosed space to work in . :vtr. Olson noted that they have seen Aurora ·s vehicle and they are ve ry impressed with the quality of work . wluch was done by the same company. a nd Aurora is ve ry pleased with theirs . He opined that City Counci l and the ci ti zens will be very impressed by what the y see when this thing is delivered. which takes about 120 days so it should be ready b y the parade Council Member Garren asked, in the la st two or three years . how many incidents we ha'"e had" he re a vehicle like this would have been deployed. Director Olson advised the y would use 11 f r the s p ecial cwnt> every yea r. but then we have had many different cri me scenes where we ha ve had to have the 'he n ff , an come down and be here for us . He noted that. e pec iall y in inclement weather. thi s '"II be a >1g11di<:J lll addiuon 10 our force to be able to use that . This 1s o ne of tho se vehicles . he said. that I prob,bl~ \\Ould not have asked for Ge neral Fund money to purchase. but we have been able to set aside mo ne y fo r th is . T hat" why lam saymg. that Council's approval of this will not take any money out of the General Fu nd fo r tlu specific purchase . Later on, of course. we will factor maintenance. and so on. ,mo our reg ula r tl eet cost . Mayor Bums pomted out that th is ,s a unique vehicle and a umque opporrumty 10 acquire 11 fo r ngle "ood Director Olson SJJd he was exactly correct and we are able to get it through th e G A Prog ram. "h1ch " a combined federal;state program. They bid on it and therefore the costs are reduced by go m g throug h that process. Lieutenant Maxwell advi sed that the C it y of Aurora has just purchased theirs and the y rec e1\"ed 0 "11er lup approximately two months ago and the y have already used it n ine time s. Mayor Bums asked if there were any other comments or questions. There we re none . COUNCIL MEMBER WOLOS~ MOVED. Ai"IID IT WAS SECONDED. TO APPROVE AGENDA ITEM 11 (c) (iii) -THE PURCHASE, OF A NEW COMMAND VEHICLE WITH ft:NDS FR0!\1 THE CITY'S FORFEITURE FUND AND DEPARTMDIT Of JUSTICE GRANT '.\IONIES. FROM LYNCH DIVERSIFIED VEHICLE THROUGH THE GOVERNi\lE:'IIT SERVICES ADMl!\'ISTRA TION PROGRAM IN THE A'.\10 :'\IT Of $299.447.16. Motion carried. Ayes: Nays : Council Members ::-.iabholz . Garren. Bradshaw, Wolos yn. Yurchick. Grazulis, Burns None (iv) Englewood Environmental Foundati o n Director Rick Kahm presented a recommendation from the Englewood Environmental Foundation (EEF) to support. by motion. an agreement with Miller Weingarten Rea lty amending Article III of the initial agreement . He advised that the Foundation is asking for Council's support to amend our De ve lopment Agreement. and o ur Ground Lease Agreement with Miller Weingarten, our retail developer on the site . Those documents were executed la s t August 4"', he said. and at that time the emphasis was on gening the retail closed and making sure that the retail developer brought some buildings out of the ground. He pomted out that we we re concerned at that point, because. prior to that, the agreement was based on him hav ing leases signed before he would even close. We are at a different stage in time now and the developer has missed some of his earlier dates. Mr. Kahm noted, just as a refresher, that. in both of those documents, the developer was required to have a core and shell of 45.000 square feet b y this April 4"', with another 25,000 square feet due in June and another 75 .000 square feet due by August 4th. We are past the April date. We believe at this time that it is in o ur best mterest to modify these agreements and put the emphasis o n opening s tores . So that is what we are trying to do at this point. The date of liquidated damages will be based on the day a store opens, minus a • ) I • 0 ]- • • • Englewood City Council May 7, 2001 Page 11 ··-,.. . . • .. • • reasonable period of time for tenant finish. An example. he said. would be m the case of Office Depot. When that store opens the y would be granted 75 days fo r the tenant finish to take place and then that date would detennine when liquidated damages would begin. Between then and Apnl ~·h_ And then we would do the same thing for the June date that is coming up and al o for future date s . One of the issues we have hit is tha t as we have gone forward. is that , as m the case of Office Depot . the tenant fimsh and the general construction are being done by the sa me contractor. There 1s a lot o f o verlap . so It is ve ry difficult for us to separate those two functions. Mayor Bums commented that you have different complenon times for different kmd of buildmgs . ;'-.1r . Kahm said it depends on the type of building. As in the case of Office Depot, we allowed 5 da ys . Fo r most of the retail its 60 days and we ·ve allowed 90 days in the case ofa restaurant. be cau se a restaurant tenant finish takes quite a bit longer. In the case of the Ball y"s building. he said. we ha ve all o \\ed l~O days. because Baily's does most of their own tenant tinish . He noted that 1s not a ne " date . as we ha ·. e known for about a year that Baily"s wo uld require about 120 days for opening Mayor Burns asked if Baily's was delayed last week. Mr. Kahm advised that Ball y"s has a pemm an d the contractor is out doing building la yout today . They are actually doing surve y \\Ork toda y an d th e) ha ve a fou ndation pennit. 1 meet weekly with Saunders Construction. he said. They are the general contra c tor fo r Baily's and they are anticipating a fi ve-month co mpletion schedule for their pan of the building. Of course, he said, tenant finish is four months , but there will be a substantial overl3p. so everyo ne 1s anticipating that , before th e end of th e year, we wi ll ';ee that building up and runnmg . Council Member Bradshaw asked how the bakery figures into that. Mr. Kahm advi sed that th e wa y "e have done this is that it is tied to a building . In the case of Ball y"s. what counts . 1 the date Ball y's o pens. Miller Weingarten gets credit for the building sq uare footage. even though the bakery may not be open yet. Mr. Kahm stated that in the case of the Parkwa y retail , where th ere is 20.000 square feet of retail and then offices above. he has to have two retails open in order to get credit for that building. Council Member Bradshaw asked if EEF is satisfied wi th thi s. Mr. Kahm said I think so. yes. We have spent a lot of time working on this one, he said, and we belie ve that it is really in everyo ne·s best mterest at this pomt. It encourages genmg businesses open. Council Member Bradshaw commented that II will get businesses open. Mr. Kahm said yes , It will get busmesses open and we will see some sales. City Attorney Brotzman said he wanted to make one re co mmendation . He noted there was wording that was changed on the Council Communication. but it wasn't changed on the Agenda. He said he was talking about the word "approve." Mr . Brotzman pointed out that Council doesn 't really approve what EEF does. they "support" what EEF does . He asked that the y change approve to sup port . COUNCIL MEM BER BRADSHAW MOVED. AND IT WAS SECONDED, TO APPRO VE AGENDA ITEM 11 (c) (iv)· SU PPORTING AN AGREEMENT WITH M ILLER WEINGARTEN REAL TY AMENDING ARTIC LE lll OF THE INITIAL AGREEMENT. Ayes : Nays : Motion carried. 12. General Di sc ussion (a) Mayor's Choice Counc il Members Nabholz, Garrett , Bradshaw, Wolosyn. Yurchick, Grazulis, Bums None • ' • I • 0 ] • • -• • l· ••• • - Englewood City Council May 7, 2001 Page 12 (i) Mayor Bums said he wanted to express his appreciation to Council for the good. solid meeung they had" 1th Gary Sears and staff at the annual budget and goal seuing meeting and we will be foll owing up on th at o n June 4"' with another meeting to discuss the Citizen Survey. (11) Mayo r Bums commented that Counc il Member Bradshaw·s suggestion. regarding the EHA PILOT payment. was a good one and he thought it was a constructive thing to do . He asked for a mouon to abate $5,000.00 of the PILOT payment by the Englewood Housing Authority as discussed m Council' rud y Session. COUNCIL MEMBER NABHOLZ MOVED. AND IT WAS SECONDED. TO ABATE SS.000.00 OF THE PILOT PAYMENT BY THE ENGLEWOOD HOUSING AUTHORITY AS DISCLSSED l'.'I COUNCIL'S STUDY SESSION. Ayes : Nays : Counci l Members Nabholz . Garren. Bradshaw. \Volos y11. Yurchick. Gr.izulis. Bums 1'one Motion carried. (iii) ~ayo r Burns advised that the Englewood Education Foundation gave us grants. a couple of days ago, and they sent an mv1 tat1 on to their Second Annual Pioneer Award Dinner. Thur da y. ',,fay 17'\ 6 :00 p.m. to 9 :00 p .m .. at the Wellshire Inn . l11e awardee will be Dr. Roscoe Davidson. He encouraged any Council member who would hke to go. to anend. Mayor Bums stated that he would be o ut of town that evening. The ttckets are S40.00 a person. S 0 .00 a couple . The Foundation would very mu ch appreciate your support. he said. (iv) Mayor Bums noted that the same day, May 17"', at noon. Safety Services ha s a presentation to honor their volunteers . He said he received an invitation, but he would not be able to attend that one either. He encouraged all Council members to anend. In response to Mayor Bums. Director Olson advised that it will be held at the Golf Course. City ~:mager Sears stated the y would get notice out to all Counci l members. Council Member Bradshaw s aid she would be there . (b) Council Member's Choice (i) Council Member Nabholz: 1. She advised that she heard yes terday at church that Dottie Ru st is facing cancer surgery toda y. Thal is second hand information, she said, and I don't know if it is true or not But if it is, she sa id . 1 thmk we should hold her in our thoughts and prayers . 2. She advised that she reported some graffiu on the eas t side of th e depot 3 . She noted she had passed out information regarding a trip to the lCSC Conference, wh ich would be May 20"' through the 23'd in Las Vegas, Nevada . The total cost would be Sl ,410.00 and I would need Counc1 l 's approval on that . she said . MAYOR BURNS MOVED, AND IT WAS SECONDED, TO APPROVE COUNCIL MEMBER NABHOLZ'S EXPENDITURE FOR THE ICSC CONFERENCE . Mayor Bums asked Ms. Nabholz if she felt she could do this , if she was up to it Counci l Member Nabho lz said yes . • I • 0 • -• Englewood City Council May 7. 2001 Page 13 . . .. ~ • .. • -' Mayor Bums asked if three days was the normal time period. Ms. Nabholz advised it 1s Sunday through Wednesday. Council Member Wolosyn asked if some of staff would be going . Counci l :Vlember Nabholz advised that Bob Simpson and Ri ck Kahrn would be anending the Conference . City Manager Sears stated that both Mr. Simpson and Mr . Kahrn wou ld be goin g, but that he had not decided ye t. 1 didn ·1 think that we needed to have a full staff to attend this time, he said. because the project is under construction. But both Mr. Simpson and Mr. Kahm will attend . Be ca use of all the connections with the redevelopment of the Ci ty I felt it was important , he said. I am sti ll on the edge 111 tenns o f going. It ma y be worthwhile for me to go for a couple of days. he said. Council Member Yurchick said he did not real ize th is was the deadline . He asked if it was too late to put m a request . City Manager Sears said no . that actually the information came in today. Coun ci l Member Bradshaw commented that it always seems to co me in right at the la st seco nd . Council Member Nabholz said that is why , at the bottom, it says the registration will be S360.00 o r s-20.00 d~nding on whether we re giste r now or on si te . Co un ci l Member Grazuhs asked if Co uncil ~1ember Nabholz felt she could do it. Cou ncil ~1 embcr Nabholz said yes . Vote results: Motion carried. Ayes: Nays: Abstain: Council Members Garrett. Wolosyn. Yurch1ck. Grazuhs, Bums Council Member Bradsha w Council Member Nabholz Council Member Wolosyn asked if she could move that Counc il Member Yurclu ck al o anend. ~1a yo r Bums said yes . Mayor Bums asked if it would ba sicall y be the same funding . City Manager ears said yes . City Manager Sears stated it is a great opportunity and yo u will mterface wnh the developers . It 1s a big walking conference, he said, and fortunately . this year, the y actuall y have the program at the sa me time that they have leasing mall. It has alwa ys been the leasing mall afterward . The programs reall y talk about ho w shopping centers come together. he said. and from a develo per and a bus ine ss viewpoint what are the strengths and weaknesses of locaung in different communiues . He opined there is so me real va lue that comes out of thi s. Co un ci l Member Yurchick said he "ould JUSt like to go on record as sayin g the roam reason he wants to go 1s, with the proJects gomg on, that he would hke to gain some insight , rather than rely on Miller Wemgarten ·s mput. I want to see how a project 1s put together, he said . City Manager Sears stated it has reall y been helpful in the past. Mayor Bums noted 11 is quite an experience . COUNCIL l\lEMBER WOLOSYN MOVED, AND IT WAS SECONDED. FOR COU'.'ICIL TO APPROPRIATE MONEY FOR COUNCfl MEMBER YURCHICK TO ATTEND THE ICSC CONFERENCE. Ayes: Council Members Nab holz, Garrett , Bradshaw. Wolosyn. Grazulis , Bums • ) I • 0 • • • Englewood City Council May 7, 2001 Page 14 Nays: Abstain: Motion carried. . ..... • • - None Council Member Yurchick (ii) Council Member Bradshaw: .. ' ~ 1. She thanked Jerrell Black and his staff for the new fence up o n Belleview. It looks good. she aid . 2. She offered kudos to staff for the tour and the workshop. I reall y appreciated that and learned a lot. she said. 3. She advised Council that Mary Pieper's hu s band had open-hean surgery and she was just wondering if they could send him some flowers . Ms . Bradshaw commente d that this has been difficult fo r Mary too . She asked for Council's approval before she did 11. Counci l offered approval. City :-.1ana ger Sears said absolutely, we can do that. (ii i) Council Member Grazulis : I. She asked Ri ck Kahm if any of the sculptures that are going to be set around the s ne \\'Ould be 111 up at night. C ity Manager Sears noted that the y talked about the Broo kl yn Bndge toda y. Mr. Kahm explained that we ha ve different types of an around th e sn e . We were meetmg on tlus topic today because we are going to put lights on the Brooklyn Bndge, he said . As we go forwa rd. the am,,ork that is displayed, or will eventuall y be displayed. on the Park way between In ca and Galapago. will all ha ve lighting. Basically, he noted, the permanent an has lighting and we are not seeing muc h of that m pla ce yet . Council Member Grazulis pointed out the imponance of getting the wiring down when the y are domg the infrastructure. Mr. Kahm agreed, absolutely. He noted there is some design build an that is not lit and the new urbanism an doesn't have lighting because it is temporary. Ms . Grazulis said she understands that. but she just thought it would be nice to have night lit sc ulptures . Mr. Kahm said, in fact , the y just had a meeting today, with the landscape architect to assure that all of that lighting takes place, as well as water for .. Porcellino." Ms . Grazulis commented that she knew be would be on top of this . 2. She stated that Ken Ross had prepared a nice letter re garding the C ushing Park parking. It wa s nicely done, with all the questions that the y need to consider before giving him an answer. She said Mr. Ross did a good job. (iv) Council Member Yurch1ck asked 1fBob Simpson would let him know when the y are going to have the next Santa Fe Open Space me eti ng. Mr. S imp son said sure . (v) Council Member Wolosyn brought up C ynthia Madden-Le1mer's mvnauon to tour the sites . She suggested Counc il should try to get together on the dates . Cay Manager Sears said he was disappointed that she didn 't lis t any times . Ms . \Volosyn said s he listed the 8"', 9'", 15'" and 16"'. Mr. Scars said he meant the times . Ms. \Volosyn said she th ought n was at lunchtime, that Ms. Madden-Leimer always meant it to be son of a lunc h walk. That is what she understood. Council discussed the dates. They settled on the 15"' at noon . City Manager Sears said he would have Sue Bradshaw give her a call tomorrow. Council Member Bradshaw sa id th is is the MOA Design and Build tour. Ms. Wolosyn said yes. 13. City Manaeer's Report • .. I • 0 ] • • -• ,,. •' • • • Englewood City Council May 7. 2001 Page 15 (i) City Manager Sears thanked Counci l and staff for Saturday. We really did co,·er a lot of issues, he said, and I was really happ y with the tour. I appreciate all of the work staff did , Council's comments were great and, from my viewpoint , I think it was reall y a grea t session . (i i) City Manager Sears said he wanted to j ust let Coun cil know that there are a number of meeting dates , thanks to Ken Ross, on the Transponation Plan. We have re ceived so me comment in response to the brochure, but unfortunately it was only Internet response. The next time it goes o ut. 1t will have the Public Works telephone number. He noted we had some people who were very conc erned about that. (iii) City Manager Sears advised that Selwyn 1-Iewin asked that he ask Council if they co uld anend the SMARTS Sunurut. Saturday, May 19"', from 9 :00 a .m. to I :00 p .m . at Arapahoe Communi ty College. Brian Vogt will lead the Summit. Mr. Sears noted that they have invited 180 people from all ove r Douglas County and Arapahoe County to the Sununit. Coun cil shou ld have received information about this, as it was passed out tonight, he said. Mayor Bums said he wanted to mention that the Taste of Englewood is this Thursday in thi s building in the Community Room. Mayor Bums commented that we had a wonderful groundbreaking at Centerm ial Park for th e new Youth Rockies Field, which Jerrell Black and hi s fol ks orchestrated. It was a terrific event. we had a great turnout and there are a lot of people reall y interested in that. I think it is going to be a tremendo us addiuon to the park area , he said, and I understand we have the largest Brownfield Grant for that kind of a deve lo pment m the country and the grant is one of only seven m the narion. He noted that C HFA , who helped fund that Brownfield Grant , was very excited about it. On behalf of Council. Mayor Bums offered congratulau ons to everybody at Parks and Recrearion and Jerrell Black . It was a grea t event. he said. it wa s JUSt ternfi c. Council Member Bradshaw stated the other thmg that was so impressive was that the Governor's staffer was reall y excited about being invo lved in a project like this and the Colo rado Depanment o f Health is very interested in doing other projects with us . I thmk that was a real po siti ve step , she sa id . Director Simpson commented that that will co me 10 real hand y when we stan to build the open space project. 14 . City Attorney's Report (a) City Attorne y Brotz man presented a recommendation to approve. b y motion . the senlement of City of Englewood, Co lorado , and Englewood Environmental Foundation, In c. vs . Cindermak Associates. Equitable Life Assurance Society of the United States, Lend Lease Real Estate Inve stments. In c., Equitable Real Estate Inv es tment ~anagement. Inc., Denmak Associates. Kravco , Inc ., Glass Slipper. LLC, Environmental, In c ., flk/a Atec Associates in the amount of$878 ,000 .00. He explained that this wa s the lawsuit that was to abate the asbestos and other environmental concerns in the mall and the proposal is to settle it for $878 ,000.00 . Mayor Bums noted that Council discussed this recentl y in Executive Session and Council is well aware of the target we were set, to try to settle this case . Counci l Member Bradshaw pointed out that this 1s pan of it . Mayor Bums agreed that thi s is pan of it . ... I • 0 • • Englewood Cily Council May 7, 2001 Page 16 • .. • - COUNCIL MEMBER WOLOSYN MOVED. AND IT WAS SECONDED, TO APPROVE THE SETTLEMENT OF CITY OF ENGLEWOOD, COLORADO, AND ENGLEWOOD ENVIRONMENT AL FOUNDATION, L~C. VS. CINDERMAK ASSOCL.\ TES, EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES. LEND LEASE REAL EST A TE INVESTMENTS, INC., EQUITABLE REAL ESTATE INVESTMENT MANAGEMENT, l:'<IC .• DENMAK ASSOCIATES, KRA VCO, lNC., GLASS SLIPPER. LLC, ENVIRONMENT AL. lNC .. F/K/A ATEC ASSOCIATES lN THE AMOUNT OF $878,000.00. Mayor Bums said that after all the time and efTon that has been spent on this that it appears to be a reasonable amount and I will vote in favor of it. Vote results: Motion carried. Ayes: Council Members Nabholz, Garren, Bradshaw, Wolo syn , Yurchick, Grazulis, Burns Nays : None 15 . Adjournment URNS MOVED TO ADJOURN . The meeting adjourned at 8 :29 p.m . • I • 0 32 I • • , .. .. • • -.. PUBLIC COMMENT ROSTER AGENDA ITEM 7 UNSCHEDULED VISITORS MAY 21, 2001 . . NON-SCHEDULED VISITORS MAY SPEAK FOR A MAXIMUM OF FIVE MINUTES. EACH PERSON WISHING TO SPEAK SHOULD SIGN THIS PUBLIC COMMENT ROSTER, STATING NAME, ADDRESS, AND TOPIC OF COMMENT. PLEASE PRINT NAME ADDRESS TOPIC CCS1GN1 I . 0 - • -. • , ... , .. •• • PROCLAMATION WHEREAS , Milton and Bernice Senti have been Englewood residents for over fifty years and have made significant contributions to the community; and WHEREAS , Milton served on City Council from 1970 to 1973 and was Mayor from 1972 to 1973, was involved with establishing the Housing Authority , building Orchard Place, Simon Center and the Englewood Golf Course, was a member of the Denver Regional Council of Governments, and the 198.3 John V. Christensen Award recipient; and WHEREAS , Milton started in the real estate business in 1945, opened his own real estate business in 1953 and was in real estate until he retired in 1989; and WHEREAS , Milton was a member of the Masonic Lodge , Shrine Club , Boy Scouts, 4-H, Denver Board of Realtors , and South Suburban Board of Realtors for many years ; and WHEREAS , Bernice was a homemaker, Den Mother for the Boy Scouts of America . and choir member in the Englewood United Methodist Church for years ; and WHEREAS , Milton and Bernice are long-time members in the Englewood I.Jon 's Club and the Englewood United Methodist Church ; and WHEREAS , Englewood City Council wishes to honor Milton and Bernice Senti for their many contributions to the residential and business community; NOW, THEREFORE , we . the City Council of the City of Englewood , Colorado , hereby take great pride in proclaiming MILTON AND BERNICE SENTI Englewood's Citizens of the Year for 2001 ADOPTED AND APPROVED this 21 " day of May , 2001. Thomas J . Bums, Mayor Beverly J . Bradshaw, Mayor Pro Tern Council Member Douglas Garrett Council Member Julie Grazulis Council Member Ann Nabholz Council Member Olga Wolosyn Council Member Mike Yurchick . ' 8a I· 0 - - • • • ORDINANCE NO. SERIES OF 2001 " ·.•'' • • - BY AUTHORITY A BILL FOR " ... /!)a_ I AN ORDINANCE AUTHORIZING A "CITY DITCH LICENSE AGREEMENT'' FOR A STORM DRAIN CROSSING STRUCTURE OVER THE CITY OF ENGLEWOOD'S RIGHT-OF-WAY FOR THE CITY DITCH BETWEE N THE CITY OF LITTLETON, COLORADO AND THE CITY OF ENGLEWOOD , COLORADO. WHEREAS , the City of Littleton constructed a storm drajn crossing structure across the City of Englewood's City Ditch Right-Of-Way and has r eq ue sted a City Ditch License Agreement for the purpose of a storm drain crossing struct ure across the City Ditch Right-Of-Way in the new development to be called A.spen Grove located at 7100 South Santa Fe Drive on the West side ; and WHEREAS , under the City Ditch License Agreement in the eve n t the Cros sing s hould interfere with any future use of the Englewood 's Right-Of-Way by Englewood , the City of Littleton s hall , upon request and at its sole expense, r elocate , rear ra n ge , or remove its installations so as not to interfere with and s u ch u se ; a nd WHEREAS, under the City Ditch License Agreement the City of Littleton is ~esponsible for the maintenance of the Storm Dra in Crossing structure: WHEREAS , the Englewood Water and Sewer Board r ecommended Council approva l of the "City Ditch License Agreement" for the City of Littleton's storm drain crossing structure at its May 8th, 2001 meeting; NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : Section 1. The "City Ditch Lic ense Agreement" to the City of Littleton for the storm drain crossing structure previously constructed ove r the City's Right-Of-Way for the City Ditch, set for t h in "Attachment l ", is he r eby accepted a nd appr oved by the City Co uncil of the City of Englewood , Colorado. Section 2. The Director of Utilities is authorized to execute the "City Ditch Lice n se Ag reement" for and on beha lf of the City of Englewood , Co lor a do . Introduce d , read in full , and passed on first reading on the 2 1st day of May , 2001. -I - ' \ .. ' . . , • I • 0 2 I - • • • Dale May 21, 2001 • • • ' COUNCIL COMMUNICATION Agenda Item 10 a i STAFF SOURCE Subject License Agreement for City of Littleton Storm Drain Crossing at Aspen Grove INITIATED BY Utilities Department Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION A Grant of Construction Easement, License Agreement and Quit Claim Deeds for an Exchange of Real Estate Agreement for the Englewood City Ditch to Asp en Grove for the Poag & McEwen Lifestyl e Cen ters was passed b y Council on O c tober 16, 2000. Counci l passed a License Agreement for the Aspen Grove Lifestyle Center at their January 9, 2001 meeting for allowing telephone, water and electrical lines t o cro ss the City Ditch. RECOMMENDED ACTION The Englewood Water and Sewer Board recomm ended Council approva l at their May 8, 2001 mee tin g of the License Agreement with the City of Littleton. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Littleton is requesting a License Agreem ent for the purpose of co nstru cting a sto rm drain crossing structure across the City Ditch right-of-way in the ne w de ve lopment to be called Aspen Grove. This will be a retail development that will be part of th e Poag & McEwen chain . Th e development will b e located at approximately 7100 5. Santa Fe Drive o n the west side. The crossing structure conduit was laid prior to the City Ditch pipe installation to preve nt disturbing th e ditch after the pipe was installed. FINANCIAL IMPACT None . LIST OF ATTACHMENTS Bill for Ordinance License Agreem ent • ,. .. ) I • 0 .... • • • • I • . .. • ~ -.. Published as a Bill for an Ordinance on the 25th day of Ma y, 2001. Thomas J . Burns, Mayo r ATTEST: Loucrisbia A. Ellis, City Clerk I , Loucrishia A . Ellis, City Clerk of the City of Englewood, Colora d o, hereby ce rtify that the above and foregoing is a true copy of a Bill for an Ordina nce , introduce d , r ead in full , and passed on first reading on the 21st day of M ay , 2001. Loucrisbia A. Ellis -2- • , . • • 0 I • 0 • -• • . . • - 0 crn D!TCH LI CENSE AGR EE}[E IT THIS AGREEMENT, made and entered into as of this day of ------, 20~ by and between the CITY OF E NGLEWOOD, a municipal corp or a tion of the State of Colorado, herein referred to as "En glewood '', and THE CITY OF LITTLETO N, a municipal corporation of the State of Colorado. whose address is 2255 \V est Berry Avenue, Littleton , Colorado 80165, herein-r eferred to a s "Littleton". WHEREAS , Englewood wi thout any warranty of its title or interest whatsoever , h ereby approves the storm drain crossing structure (the "Crossing"') that h as bee n previously constructed over the City's Right-Of.Way for th e City Ditch, described on E xhibit A con ,1, 1n~ on o n e (1) page attached n e reto and made a part hereof. 1 . Englewood s h alJ have the right t o maintain, install, r epair, r emov, r r the City Ditch or any other of its facili ties or instalJations within • Englewoo d 's R ight·Of.\Vay, at any time and in such m anner h necessary or co n venient. Englewood r eserves the exclusive n ., easements and instalJatfo n s . In the event the Cr oss in g .h ou!J any future use of the City's Right·Of.Way by the City, h Li r equest a nd at its sole e xp en e, r elocate. rearrange , o r re m , so as n ot to interfer e with any s uc h use . 2. Any repair or r eplacement of a ny Englewood in sta :it10n o m · 1 the opinion of Engle woo d 's Director of Utiliti es bec:ius oi th C"n true 10n ,f the Crossing or other appurtenant m stallation the reof. ·hall b sole expense of the Lice ns ee. 3. The rights and privileges gr:inted in this Lice nse shalJ be s ubiec t to p r ior agreements, licenses and/or grants, r eco r ded or unreco r ded . and It shaJJ be the Lice nsee's sole res p onsibility to determine the existence of .ru document, or conflicting uses or installa t ion s . 4. The Licensee assumes all res pon sibility of maintenance of the Storm Drain Crossing structure. 5 . It is expressly agreed that in case of Licensee's breach of any of the within promises, the City may , at its option , h ave specific perfor mance thereof, or s ue fo r damages resulting from such breach . 6 . Upo n abandonment of any right or privilege he rein granted, the r ight of Lice nsee to that extent shalJ terminate. 7. In granting the above authorization , Engle woo d r eserves t h e right t o make full use of the property involved as may be necessary or con ve nient in the opera non of the water and irrigation ditch and system under the co ntrol of t he City. I); WIT~SS WHEREOF, this in strument has been executed _as of t he d a y and year first above writte n . .A T T A C H M E N T l I • 0 - DATE:~ ::j#I By·~ft0~:- ·..1.~q;Littl~t;et~on~c""11y~~A.-i!tt':"om=~;.....- Date : "'f /t,/61 DATE: ____ _ • • • • • -' LICENSEE : CITY OF LITTLETON B~c~ LICENSOR: CITY OF ENGLEWOOD APPROVED : .. By: __________ _ Stewart Fonda, Director CITY OF ENGLEWOOD acting through and by its Water and Sewer Board BY-----------~ Ch airman -2- ,, ' ·~ . ( I· 0 ]- .... ~ ••co•;:, •"-•11 -.I I ! .. ~<~= T'' I I I I, 5' 0 5:1 •. L 151()0 1MOi!i :'1: ::! ,. 14--0 0 • Comou:~r Fi l e li:1for-:iat i on I :.,...n Oate : 0 8 /J Oj,'.2CCO ln1tia1:r. JS I (E:) ..lit Waciflc-o tian oi:-.. : 09 /1212000 Initials: sa I CE) ... .. Ill: C:\ M'!'DC CU t.1£NTS /0 WG /NE'/ITON I CE) 1:-IRR IC-2.1 ... 0 I (E) .,.;,c "'le 'jcme: _..,.,._ R-1 • Sc:ie: AS NC ,.:, Un its: FE:.. I E:) • • • • .. J· •5iv ol Q...\S S • · f !4~C? 0 ') o,::: ,~ 1:Z +CO Sh ee t Re'l i s ions 1 19 /12 /CC RE:v1Scll ?~~ c:cr ~DUNES I. I I I I • I , 5L,8CI'.&: .. (nllt ..,a,w .. ;-c,. >: 0C,.'ot1f U ii.'t~ . !CI:'C, :at ---E X H I a I T A 1\ I f '\ 1C•CO . CCLC~.!.C OE?AR"i\1E '. fA.g rj 4201 ~ ~ .. c· -----· ~-. C.:1crc c .. -I - . , ) I • 0 • ORDINANCE NO._ SERIES OF 2001 • • • • -' BY AUTHORITY A BILL FOR AN ORDINANCE AUTHORIZING A GOOD NEIGHBOR OFFER TO WOLH RS T LA.t'\/DING OWNERS ASSOCIATION HELPING FUND CONSTRUCTJO OF A CONCRETE SURFACE DRAIN BETWEEN THE CITY DITCH AND THE WOLHURST LANDING TOWNHOMES TO THE WEST . WHEREAS , City of Englewood prevailed in the lawsuit filed by Wolhurst La nd.mg concerning drainage issues at the Wolhurst Landing development; a nd WHEREAS, at the trial the City learned for the first time t hat :\fr . J ohn son fail ed to install appropriate french drains under the buildings whlch are adjace nt to the City Ditch a nd that the absence of s uch drains makes the buildings vulnerabl e to water from any so urce : and WHEREAS, the City makes tlus offe r as a good neig hbor a nd in a n effo rt to assist the homeowners and the Association co ncerning ground water problems adjacent to the City Ditch ; and WHEREAS , Wolhurst Landing Owners As soc iation was pleased to accept the City of Englewood's good neighbor offer to pay $28.665.00, towards the construction of the co ncr ete s urface dram along the s tretch between the City Ditch and the row of townhomes to the we t ; a nd WHEREAS , the Englewood Water a nd Sewer Boa rd reco mme nded Cou ncil approval of tlu good neighbor offe r to Wolhur t Landing a t its Ma y 8th, 2001 meeting; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COU CIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS : Section 1. The Englewood City Council hereby authorizes Englewood's good neighbor offer of $28,665.00. to Wolhurst Landing Owners Association towards the co nstruction of the concrete surface drain along the stretch between the City Ditch and the row of townhomes to the West, as described in, "Exhibit A". Introduced, read in full , and passed on first reading on the 21st day of !'vtay , 200 I . -1- . ir,.~ --- I • 0 • • • Date May 21, 2001 INITIATED BY • l • ..... • - COUNCIL COMMUNICATION Agenda Item 10 a ii STAFF SOURCE Subject Participation in the Wolhurst Landing Surface Drain Utilities Department Stewart H . Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION The Englewood Water and Sewer Bo ard recommended Council approval at their May 8, 2001 meeting of the agreement to pa y $28 ,665 toward construction of a surface drain at Wolhurst Landing. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED It was learned during litigation with Wolhurst Landing that an appropriate French drain had not been installed under the buildings that are adjacent to the City Ditch, making the buildings vulnerable to water damage . The Utilities Department offered to assist Wolhurst Landing Owners Association whereby the City and the Association would jointly participate in the installation of a French drain along the buildings adjacent to the ditch . The City would supply labor and materials and the Homeowner's Association would be responsible for removing and replacing porches , fencing and other obstructions and repairing the sod and sprinkler system , if necessary. The offer is being made as a "good neighbor" gesture . The Association and homeowners agree that the City will not warranty or guaranty the proposed drain and will indemnify the City against any responsibility in the event of claims of damages relating to the drain . The Association w ill own, maintain, repair and replace the drain as necessary. FINANCIAL IMPACT Wolhurst Landing had bids submitted from two contractors. Tarin Construction was the low bidder and will be retained to build and install the drain for the amount of $28,665 .00. LIST OF ATTACHMENTS Letter of Agreement from Wolhurst Landing Owners Assoc. dated April 23 , 2001 • .. ) I • 0 • • • •,, ... • -... Published as a Bill for an Ordinance on the 25,h day of May , 2001. Thomas J . Burns. Mayor ATTEST : Loucrishia A. Ellis, City Clerk I , Lou.crishia A. Ellis, City Clerk of the City of Englewood. Colorado, hereby ce rtify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced , r ead in full , and passed on first reading on the 21st day of May , 200 l. Loucnslua A. Ellis -2- .. .. • J • I • 0 • • -• • ' . !'~1 .. .... • -" WOLHUR.ST LANDING OWNER.S ASSOCIATION Mr. Stewart H. Fonda Director of Utilities City of Englewood 1000 Englewood Parkway Englewood, CO 80110 Dear Mr. Fonda . Apr il 23. 200 1 The Wolhurst Landing Owners Association ("Association .. ) is pleased to accept yo ur good neighbor offer to pay $28 ,665 toward the construction of the concrete surface drain ("Drain") along the stretch between the City Ditch and the row o f townh ome s to the west. even though the City of Eng lewood ("City .. ) has no respo ns ibilit y to do so . The Assoc iation understands that the City has re viewed the tw o proposal s that we re submitted 10 them based on the engineerin g CAD desi gn dra w in gs . The C ity is agreeing to pa y $2 8.6 65 to the A ssociation to hire Tarin Construction to buil d and install the Drain . The Association and the effected homeo wners agree that the City will not warranty or guaranty this Drain. The Association agrees to indemnify the City ag ainst an y responsibility in the event of claims of damages relating to the Drain . Th e Association will own, maintain , repair. and replace the Drain as necessary . Sincerely . Name Signature Title Date Date ( I cc . Bill McConnick, Superintendent of Utilities Managed by Hammersmith Management, Inc . 2535 South Wadswonh Boulevard Lakewood, Colorado 80227 Phone (303) 980-0700 Fax (303) 980-0576 • I! ~ I • I T A 0 I· 0 - • ' . ORDINANCE NO ._ SERIES OF 2001 .. • ,. • • BY AUTHORITY A BILL FOR COUNCIL BILL NO . 28 INTRODUC~NCIL MEMBER~-~.:t:/J,lJ,J.JJl,-..""""'...__~~ AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF A VALE GRA NT FROM THE VICTIM ASSISTANCE LAW ENFORCEMENT BOARD OF THE 18TH JUDICIAL DISTRICT. WHEREAS, the City of Englewood Safety Service Departme nt applied for fun ding under the VALE Grants Program to be used for funding the Victim/Witness Prog r a m in the Englewood Municipal Court; and WHEREAS , the City of Englewood has previo us ly applied and be e n granted VALE Grants for the ye ars 1990 through 2000; and WHEREAS, the Victim/Witness Program in the Englewood Municipal Co urt has served the V1ct1ms of domestic violence since 1990 ; NOW . THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE C ITY OF ENGLEWOOD , COLORADO . AS FOLLOWS : Sectjop 1. The C ity Co uncil of the City of Engl ewood , Colorado her e by authori zes the acce ptance oflhe VALE Gra nt a nd acco mp a nying intergovernmental ag r eem e n t , a copy of which 1s ma rked as "Exhibit A" a nd attached hereto . Sectjon 2. The Ma yo r and City Clerk are hereby authorized to s ign and a t test said VALE Grant and accompanying intergovernmental agree ment on behalf of the City of Englewood . Introduced, read in full , a nd passed on fir st r ea ding on the 21st day of May , 2001. Publis hed as a Bill for a n Ordinance on the 25th day of May , 2001. Thomas J . Burns, Ma yo r ATTEST: Loucriahia A . Ellis. City Clerk -I - • 'I .. I • 0 I • • • ·,"-• . • .. .. • • ' 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 21st day of May , 2001. Loucrishia A. Elli s -2 - •· • ' • I ) I • C, • • • • ,. •• - VICTIM ASSISTANCE AND LAW ENFORCEMENT BOARD CONTRACT Pursuant to the Assistance to Victims of and Witnesses to Crimes and Aid to Law Enforcement Act , Article 4.2 Title 24 C.R.S ., the Victim Assistance and Law Enforcement Board of the 1 am Judicial District has made the following award : Grantee : Englewood Department of Safety Services 361 5 South Ela ti Street, Englewood , Colorado 80110 Grant number : 01 -43 Project Title : Victim Witness Assistant Purpose of Grant Funds: Provide support for v ictim s of domestic violence through the court process Services /Equipment Being Funded : 20% of the salary and benefits for the Victim /Witness Advocate Grant Period : July 1 to December 31, 2001 Amount of Grant Award: $7,562 Quarterly Installments : $3 ,781 BE IT UNDERSTOOD THAT: ( 1) All disbursement of awards are contingent upon the availability of VALE funds . (2) The contents of the grant application will become contractual obligations of the grant recipient and are incorporated into this contract as if fully set forth herein. (3) The grant recipient is required to submit Financial Reports quarterly : October 31, 2001 and January 31 , 2002 for funding for 2001 . The report due on January 31 . 2002 shall be the year-end report. The VALE Board will provide Financial Reporting Forms . Grant recipients are required to use these forms . • 0 • X ... I • I T A • I . 0 • • • I·•,_, Englewood Department of Safety Services 01-43 • • -' (4) The grant recipient is required to submit a Program Report on January 31, 2002. which addresses any special conditions that are listed in this contract. The VALE Board will provide Program Reporting Forms . Grant recipients are required to use these forms. Reports shall be sent to : Francie Miran, Grant Evaluator VALE Board District Attorney's Office 7305 South Potomac Street , Suite 300 Englewood, Colorado 80112-4031 (303 ) 643-4600 (5 ) Fa ilure to submit these required reports on the dates due may result in term ination of the grant award , return of awarded funds or the loss of future fund ing by VALE . (6 ) Spec ial condit ions for the award which have been stipulated between the VALE Board and the grant recipient are as follows : None (7) Any equipment purchased with VALE funds must rema in w ith the grant recipient . Equipment must be used for the purpose designated in the grant application. Any use by others or transfer of ownership must be reported to the VALE Board , in writing, prior to the occurrence of such use or transfer . The Board may approve such use or transfer or may request return of the equipment . (8) Any change in the use of grant funds shall be approved by the VALE Board . The request for such change shall be in writing. Approval of the VALE Board shall be obtained prior to any such use . (9) Amendment of any other terms of this contract shall have prior approval of the Board. Requests for amendment shall be in writing . ( 1 0) The grant recipient shall submit written notification by December 1 , 2001 to the VALE Board if the grant recipient will have any remaining funds at the end of the grant period . • I . 0 ] , • • • .. .. Englewood Department of Safety Services 01-43 • • -~ All unused funds shall be returned to the VALE Board unless the grant recipient makes a request in writing for use of the funds beyond the grant period and such request has been approved by the VALE Board . Such requests shall include : The amount of rema ining funds How the funds will be used When the funds will be expended Why the funds were not expended . Such request must be rece ived on or be fo re De c ember 1 , 200 1 . Upon rece i pt of the request , the VALE Board sh all dec ide wh et her to grant or den y the request without further presentation or hear ing . ( 11 ) The grant r ec ipient agrees that all fu nds rece ived under th i s grant shall be expended so lely for the purposes stated abo v e and t hat an y f unds not so ex pe nd ed , including funds lost or d iverted to other purposes , shall be repaid to the VA L E fu nd . ( 12) The grant rec ipient agrees to comply w ith the letter and spirit of the Colorad o Anti-discr imination Act of 1957, as amended , and other applicable la w respect ing d iscrimination and unfair employment practices (C .R.S. Sec . 24-3 4-402 ) and required b y Ex ecutive Order , Eq u al Opport un ity and Affir m ativ e A c t ion , date A pril 16 , 1975 . (13) Non-compliance with any portion of this contract may result in : W ithholding of funds The grant rec ipient return ing money to the VALE fund Oth er action as deemed necessary by the members of the VA L E Board Any c ombination of the above . ( 1 4 , All gran t rec ipients shall make available to the Board or its authorized des ignee all cur rent bo oks , re c ords , procedures or other information relative to the grant application and implementation . ( 1 5) The funds granted by this contract for V ictim Services shall be disbursed in quarterly installments pending VALE Board approval of all required reports and verification of expenses . The funds granted by this contract for equipment may be d ispersed by a single payment for the full amount , pending VALE Board approval of all required reports and ver if ication of expenses . • I • 0 • • • "· .. .. • - Englewood Department of Safety Services 01 -43 ' The grant recipient , through the following signatories, understands and agrees th at any VALE monies received as a result of the awarding of the grant application shall be subject to the terms of this contract. Project Director Financial Officer Frank Gryglewicz, Finance/Administrative Services Director Authorizing Official Tll:xnas J. Burns , Mayor Carol Worth Chair , VALE Board Date ________ _ Date ------------- Date _________ _ Date ________ _ Authorized Official : The authorized official is the person who is, by v irtue of such person 's pos it ion , au thori ze d to enter into contracts for the grant rec ipient . Th ,s cou ld include : Mayor or City Manager, Chairperson of the Co unty Commissioners , District Attorney , President or Chairperson of the Board of Directors , Superintendent, or other Ch ief Executive Officer . Financial Officer : The person is responsible for all financial matters related to the program and who has resoons1b 1lity for the accounting , management of funds . ver if ication of expenditures , aud it information and financ ial repo rts . The person who actually prepares the finical re ports may be under the supervis ion of t he Financ ial Officer . The Financial Officer must be a person other than the Authorized Official or the Project Director . Projec t Director : The person who has direct responsibility for the imple mentatio n of the project. This person should combine knowledge and experience in the project area with ab ility to administer the project and supervise personnel. He/she shares responsibility with the financial Office for seeing that all expenditures are w ithin the approved budget . This person will normally devote a major portion of his1her time to t he pro ject and is responsible for meeting all reporting requirements . The Project Director must be a person other t han the Authorized Official or the Financ ial Officer . • • ... I • 0 ] , • • • • .. ..... , • - -. COUNCIL COMMUNICATION Date Agenda Item Subject May 2 1, 200 1 10 a iii VALE Grant Initiated By Staff Source Department of Safety Se rv ices Susan M c Donnell, Vi ctim /Witness Se rvi ces Coordinator COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Englewood City Council has prev iousl y approved acc eptan ce o f the Victim Assistanc e Law Enforcement grant each year since 1988. RECOMMENDED ACTION Englewoo d City C o un c il to acce pt rece ipt of th e V A LE gra nt in th e am o unt of $7,562. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED This grant mo ne y wi ll help fu nd th e salary an d benefi ts for th e Vict im1W itness Advocat e in Munic ip al Co urt. FINANCIAL IMPACT . Acceptan ce of th is grant m o ney w ill save th e City of Eng lewood $7,562 . LIST OF ATTACHMENTS Contract fr om th e V ALE Boa rd fo r th e approved grant. ,. . ( I· 0 - • • • ORDINANCE NoJld_ SERIES OF 2001 • • - BY AUTHORITY .. COUNCIL BILL NO . 22 INTROD UCED BY COUNC IL MEMBER GARRETT AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL GRANT AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND THE STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST F UN D PERTAINING TO THE SOUTH PLATTE RIVER/SANTA FE CORRIDOR OPEN SPACE PLAN. WHEREAS , the City of Englewood s ubmitted an app li cation fo r a sistance in funding a Park, Trail and Open Space Plan for the South Pl atte Rive r/Sa nta Fe Corridor in Englewood; and WHEREAS, the mission of the project will be to position the South Pl atte Ri ver corridor, throughout Englewood , as a natural resource worthy of protec ti on fo r th e improvement of the quality of life for both local and r egio na l use r : a nd WHEREAS, the City of Englewood submitted an ap pli catio n and has bee n awarded a Great Outdoors (GOCO) Grant in the s um of S16.000 to fund the So uth Platte River/Santa Fe Corridor Open Space Plan: a nd WHEREAS, this Ordinance will authorize the Inte rgove rnmental Grant Agreement between GOCO and the City for the deve lop me nt of the South Platte River/Santa Fe Corridor Open Space Pla n ; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE C ITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : Sectjon 1. The Intergovernmental Grant Agreement between the City of Englewood , Colorado and State Board of the Great Outdoo r s Colorado Trus t Fund (GOCO) pertaining to the South Platte River/Santa Fe Corridor Op e n Space Pl a n , attached as "Exhibit A", is he r e by accepted a nd a pproved by the Englewood City Council. Sectjon 2. The Mayor is a uthorized to execute and the City Clerk to attest a nd sea l the Intergove rnmental Grant Agreement for a nd on beh a lf of the City of Englewood, Co lorado. Introduced , read in full , and passed on first reading on the 7th day of May, 2001. -I - • . s 0 10 bi I • 0 • • • I• •,, • • -' Published as a Bill for an Ordinance on the 11th day of May, 2001. .. Read by title and passed on final reading on the 21st day of May , 2001. Published by title as Ordinance No . ~ Series of 2001 , on the 25th day of May , 2001. Thom as J . Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado. h e r e by ce rtify that the above and foregoing is a true copy of the Ordinance passed on fmal r eading and published by title as Ordinance No._, Series of 2001. Loucrishia A. Elli s -2- • .. 0 I • 0 • • • Name : Completion Date: Contract '.'lumber : Board: Address: Telephone: Grantee : Address : Telephone : Contact ~ame : Coo tact Title : Date : • . .. ,.. • - GR-\.."iT AGREE~lENT PROJECT : South Platte River/Saota Fe Corridor Opeo Space Piao N o later thao August 13 , 2002 1355 PARTIES TO AGREDlE'.'"T: The State Board of the Great Outdoors Colorado Tru st Fuod 1600 Broadway. Suite 1650 Deover. CO 80202 (303 ) 863 -752:? City of Englewood 100 0 En gle wood Parkway En glewood . CO 80110 (303 ) 762-2352 Lauri Daooemiller Plaooiog Analyst '.\larch 9. 2001 CO'.\"TEXT OF AGREDlE'.'IIT: .. ~. The State Board of the G reat Outdoors Colorado Trust Fund (the '·Board'") is a political subdivision of the S ·ate of Colorado , created by Article :<:X VII of th e Colorado C o nst itu tio n , ado p ted at the :-.:ovember. 1992 Genera l El ection. which article appropriates a portio n of the net proceeds of the Colorado Lott ery to the Board and directs the Bo ard to in\·es t those proceeds in th e S tate's p arks , wildlife, o pe n spac e and rec reatio nal resources . 8 . ln 199-4 . the Bo ard created a statewide grant program , pursuant to which eli gib le entities co uld ap ply fo r grants fo r P lanning and Capacity Building Projects to which Grantee responded w ith a d eta iled application , a cop y o[\vhich is attached hereto and incorporated here in b y reference as E xhib it . .\ (the "P roject Applic ation"). Th e Project Application contemplates the execution of the Proj ect entitled an d described above (the .. P roject") . C. The Board approved G rantee's Project App lication on February 13 , 200 1, subject to the execution of a de tailed G rant Agreement, the condit ions of which are set forth here in . D. G rantee anticipates th at the Project described in the Project . .\p plication will be substantiall y completed on ..\ugust 13. 2002 l'·Projec t Com pl etio n'') . E )( .. I e I T ) I • 0 - • • • • - E . Grantee has undertaken responsibility for obtaining the match (funds and in-k ind contributio ns) described in the Project App lication . • F . The parties intend this document to be the detailed Grant Agreement required by the Board. The Grantee shall carry out the Project in accordance with this agreement and a work program to be approved by the Executive Director of the Board pursuant to this Agreement. AGREE:VIE~T NOW, THEREFORE , in consideration of the premises contained herein and other good and valuable consideration, the re ceipt and sufficiency of which are hereby acknow ledged. the parties hereto agree as follows: l. Grant and Proje ct. The Board hereby grants to Grantee th e sum not to exceed S 6.000 . subject to the terms of this Agreement (the ··Grant"). The Grant shall be used b y Gran ee s le i~ to complete the Project as approved by the Board. Grantee hereby agrees to use its be st efforts to complete the Project. 2. Award Pavme nt. The payment schedule fo r the Gran t set out in Paragraph -l.d. of this Agreement is dependent upon sufficient net lonery proceeds being available to the Bo arc:. 3 . Projec t Scooe. The Project will not be materially modified by the Grantee with out the written approval of the Executiv e Director of the Board . ln multi -ph ase proj ects. th is Agree:nent onl y pertains to the identified phase of the Project. and not the Project as a whole. -+. Information to Be Provided Lpon Execution of This A!!reement. ?-:0 FL:-:DS WILL BE DlSBCRSED BY THE BOARD L:1'.1.ESS X'JD L:-iT!L THE GR..\.'sTEE FCR.'\!SHE S THE BO . .\RD W1TH THE r.<FOR.vl.-\ TIO'.'< REQl,lRED BY THIS .-\GREE\!E:<T . Prior to executio n of this Agreement , Grantee will submit th<! following information to the Board's staf : a. A resolution adopted by the governing body of the Grantee authorizing the execution of this agreement and approving its terms and condit ions ; b . A dt!tai led \Vork Plan and Budget for this Project. Grantee hereby agrees to promptly submit all material re visio ns to the ir Work Plan and Budget. As provided further below. the Board re serves the right at any stage of the Proje..:t to withhold funding if (i) modifica·ions to the Project are so substantial as to make it, in the Board's reasonable judgment. substantially different in quali ty or kind from that approved by the Board, or (ii) the re ha\·e bee n de l:lys in th<! implementation of th<! Project which, in the Board's reasonable judgment. make the ProJeCt impracticable; I • 0 ] • • • ., • - c. Project funding that wi ll : (i ) briefly identify each major stage or milestone of the Project; (ii) identify the source , amount and anticipated date of each disbursement of funds for the Proj ect; and (iii) show how the Board's funds are used fo r the Project; and d. Pavrnent of Grant. L-p on satisfaction of all pro visions of the conditio ns precede nt to acqu is ition and disbursement describ e d in Paragraph ,. herein. and only after fulfilling all requirements , subject to sufficient net lotte~· proceeds being a"ailable to the Board. the Board shall disburse funds for the Grant as follows : S5 ,500 during the quarter from Apri l to June of .::oo.:: S5 ,000 during the quarter from Ju ly to September of 200 _ $5 ,500 during the quarter fr om October to December o f 200 2 5 . Dis bursemen t of Funds . Prior to fina l payment by the Board upo n Project Comp letio n. the Grante e must pro vide to the Board certification hat : a. the Project has been substantially co mpleted accordin= to the work plan and budget. alo ng with a Final R eport -Project E xpenditure Documentatio n (A.ppe ndix C) (the "Project Expenditure Documentation"), and reports as noted abo\·e to support this cla im, b . no material modifications or delays ha ve been made or experienced (O r the Bo ard has been ad vi sed of the modifications o r delays and has elected to continue to participate in the fundin g of th e Projec t); c. match ing funding has been re c eiv ed as o utlined in the Project Expe ndit re Docur:1entation ( . .1.ppen dix C) (o r the status of efforts to secure matching fund in = h.i~ bee:1 d is closed to Board staff and it has been found to be sat isfactory); and d. the representations made to the Board in the Proj ect App lication continue to e true (o r. if there have been an y material changes, the Board has been ad\·ised of s uch ch::tn =es and has asse nted to them). T he B oard will release funding subject to the following co nditions : (1) Disbursement shall be made o n the basis of costs inc urred . A reducti o n in total Project cost or Grantee's matching funding m ay cause a proportio nal re duction in the grant award, and; (2) The Project Expe nditure D ocumentation shall be submined within 60 days of Project Completion and shall be approved by the B oard. in its sole discretion . Projects are cons id ered completed upon acc o mpli slunent of the objecti\·es stated in the Project . .1.ppli cat io n or expenditure of the entire g rant amount. Failure to submit the Project Expenditure Documentatio n within the specified time peri od m ay result in re duction or loss of grant funds. e\·en if there :ir e undisbursed amounts remainin g in the gran t. 6 . Waiver. The Executive Director may waive o ne or more of the obl igat ions in P:iragr::iph s I • 0 - • • • ' < .. • • • 4 and 5 of the Agreement. or may require performance ofone or more of these obligations subsequent to disbursement. i . Compliance with Re1rulatorv Requirements and Federal and State :\[andates . The Grantee hereby assumes responsibility for compliance with all regulltory requirements in all applicable areas, including but not limited to nondiscriminat ion, \vorker safety, local labor preferences, preferred vendor programs, equal emplo)'ment opportunity, use of competitive bidding, and other similar requirements. To the extent perm itted by law , the Grantee will indemnify the Board from any liability or an y failure to comply with any such applicable requirements . 8 . Nondiscrimination. During the performance of this agreement, the Grantee and its contractors shall not unlawfull y discriminate against any employee or applicant for empl oyment because of race. religion , color, national origin, ancestry, phys ical handicap. medical condn io n, marital status, age or sex . The Grantee and its contractors shall ensure that the e\·aluat ion and treatment of their employees and applicants for emplo~ment are free of such discriminat io n. 9 . Public itv and Proiect Information . Grantee agrees : a. Grantee shall acknow ed=e Board fund ing in J i pu bli ci ty iss ed by i concerning the Project ; b . Grantee shall cooperate wi th the Bo an: in pre;,aring pub li c information pieces: and c . Grantee sha ll give the Board the ri=h. and opportunity to use information ga ined from the Project. I 0 . Audits and Account ing . Grantee shall maintain standard financ ial accounts, documents. and records relating to the use , management, and operation of the Project. The accounts. documents. and records related to the Project shall be retained by the Grantee for five (5) years following the date of disbursement of funds under this Agreement. The Board. or its designated agent , shall have the right , upon reasonable notice to the Grantee. to audit the books and rec o rds of Grantee which pertain to the Proj ect and to the use and dispositi o n of Board funds. T he Grantee may use any accounting system which follows the guideli nes of ''Generally ,\ccepted Accounting Practices" published by the ,\merican Institute ofCerti tieJ Public . .\c countants . 11 . \\'ithdrawal of Board Fundin1e . The B oard may withdra\v its appro \·al of funding to the Grantee and cease funding of the Project if, in its sole discretion. it determines conditions have occurred which fundamentall y change the expectations of the part ies or \\hich make the gr:mt infeasible or impractical. 12 . Grantee's lnabilitv to Comp lete Pro iect. If the Grantee determines with reasonable p robJbil ity that the Project will not or cannot be com pleted as reflected in the Project App lication the Grantee will promptly so ad vise the Board. and cooperate in goo d faith with re spect to alternative solut io ns to the problem before any further funds .m: ad\·anced . I • 0 • • • • - 13 . Governmental Immunit v. The following provision applies to the Board. This pro visio n may apply to the Grantee if the Grantee qualifies for protection under the Colorado Governmental Immunity Act, C.R.S . §2-+-10-101 et seq (""CGL.\"). l\ocwit hst:md ing any other provision of this Agreement to the contrary, no term or conditio n of th is . .\greement shall be construed or interpreted as a waiver, either express or implied, b y an y party to this Agreement. o f any of the immunities, rights , benefits or protection provided under the CGL-\, as amended or as may be amended (including, without limitation, an y amendments to such statute, or under any similar statute which is subsequently enacted). The partie s agree that no pro vi sio n of this Agreement shall be construed in such a manner as to reduce the extent to which the CGL-\ limits the liability of any party to this Agreement. 14 . Liab ilitv. To the extent permitted by law . the Gran tee shall be: responsible for , indemni f:. and hold harmless the Board, its officers , agents and emplo ye es from any and all liab ilities . claims. dem an ds , d::unages or costs resulting from , growin= ou t of. or in any way connected \\ ith or incident to this . .\greement, exc ept for the gross negligence o r \\ ill; 1 and wanton conduct of the Board its officers , agents . or emp lo yees . Grantee hereby wai\·es an y and all rights to :my type of exp ress or implied indemnity or right of c ontribution from the State of Co lorado. the B oard. its officers. agents o r employees, for an y liabi lity re sultin-= fr om. growin = out of. or in any way ·onnected with or inc ident to this Agreement. 15 . Assi!ffiffient . Grantee may not assign its rights under this Agreement w itho t the writ en consent of the Board . 16 . Good Faith . There is an obligation of good faith on he part of both parties. includin= the obligation to make time ly communication o f information which m:iy reas onab l)' be be li e,·el: to be of interest to the other party . 17. App licabl e Law. Co lorad o Ia,\· applies to the interp retati o n and enforcemc:n of his Agreement . 18. Independent Contractor. Grantee is an ind e pendent contractor ac ing in its separ:i te capacity and not as :in officer, emp loye e or agent of the Board. 19 . Se,·erabili tv . If any pro\·i s io n of the Grant . .\greemen t. or the application the r eof is found to be inv:ilid , the remainder of the pro\·isions of this Grant . .\greement, or the application of such provision othc:r than those as to wh ich it is found to be invalid , shall rem:i in in full force and effec t. 20. Entire . .\irreement. Except as exp ressl y provided herein, this . .\greement constitutes the entire agre em ent of the parties. No oral understanding or :igreement not incorp o ra ted in this Agreement shall be binding upon the parties . No changes in this . .\greement shall be valid un less made as an amendment to this contract, appro ved by the Board, and signed b y the parties in thi s Agreement. •· ) I • 0 • • • • I, .. • -~ 21. Fax and Counterparts. This Agreement may be executed in one or more counterparts , each of which shall be an original but all of which when taken together shall constitute one Agreement. In addition, the parties agree to recognize signature to this Agreement transmitted by telecopy as if they were original documents . STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND By-~~~~~~~~~~~~~~~ John Hereford , Executive Director Dated:---------- GRA .. 'tfEE : Name : Ttx:mas J. Burns Title : _......;;Ma.=yo.=r _____ _ Dated :---------- • ,. \ ' I· 0 2 • • • Great Outdoors Colorado Trust Fund Project # 1355 • •• - South Platte River/ Santa Fe Corridor Open Space Plan Description of Goals, Objectives and Deliverables (Revised 4/30/01) Goals and Objectives : Realizing the valuable natural resource that the South Platte River provides to the communities of Englewood and Sheridan , this project aims to develop a long-range isi o n for the parks , open space and trails along the South Platte Ri ve r/Santa Fe Corridor. The multi-objective project will look at the corridor as a complete recreational sys tem and not as a series of isolated uses such as a park here, a trail there . To this end, th e goa ls of the project are comprehensive and will address planning for four primary o utdoor ameniti es . • Parks -active recreational areas such as soccer fields , pla y grounds and limited passi ve natural areas • Trail Enhancements· access , safe ty and maintenance improvements • Open spaces -passi ve recreation , wild life preserv ation and en v ironmental education • Riparian Habitats -aquatic and watershed habitat pr o tecti o n Since the project is wi thin a somewhat limited geographic area , app roxima te!, 3 .5 squar e miles , the goals o f the project are integrated comprehensivel y. 1 . Goal: Creating a shared vision for the future of the South Platte River • Objective: Creating healthier communities in Englewood and Sheridan • Objective: Cooperating in the regional vision of the South Platte River as valuable natural resource The South Platte Ri ver provides the metr o-Oe n,er region with an inval uable n,ltural re so urce. This 35 -mile river co rri dor has take n on renewed vor th JS core ur ban c1 t1 es Jre undert.1kin g redeve lopment efforts. Communities incl uding Demer, Ad ams and so uthern Arapahoe Count\ counties, as well as the c1 t1e s of Littleton and have undertaken maJ o r plan111ng effo rts to pro tect the South Platte Ri ve r corridor. The mis ing hnk 1n the protection of the nver 1s a publicly supported shared vis ion for the stretch of the mer pa ss in g through Engl ewood and Sheri dan . 2 . Goal: Upgrading the recreational opportunities on and along the river corridor. • Objective: Providing active recreational areas adjacent to a natural resource to improve overall par/cs system as a regional amenity_ • Objective: Provide passive opportunities for the public to enjoy the river. • Objective: Provide aquatic and terrestrial educational areas along the river. In the 3-mile stretch of th e ri\er in thi s plan area , few opportunities exist for people to connect with the ri\ er. Pr o,iding i mprO\ed low flow areas for fi shi ng, I • 0 • • • • -' enhancin g boat laun ches o r wildlife iewing areas wi ll give p eop le a chance to experience the ri ver in ne w wa),s . Improving the opportunities fo r integrated recreational opportunities also pro ides efficiencies i n access , mai ntenanc e and land assemblage. 3 . Goal: Identification of the corridor as a link between the urban environment and nature by improving access to the river. • Objective: Increasing the number of access points to the S. Platte River Trail and the river itself. • Objective: Improving the safety of the current access points. • Objective: Positioning the trail as a component of the regional multi- modal transportation mix. With the introductio n of the So uthwest Corridor RTD Light Ra il, th e ent i re corridor takes on new va lue as now the ri e r and adj oi ning trail is not onl\ a recreational corridor, but also a pla er in the re gional transportation s ·stem . Improved linkages wi ll create ri ' er acce ss to no t on l the 30,000 resi dents of these two communities, but to the man y thousands oi people uti li zing the Santa Fe Corri do r and its multi-m oda l qu al ities . t\:u merous feeder bike/pedestrian trails exist in the ci ty . Howev er, as evidenced by th e attached map, ther e is a la ck oi system connectiv i ty. As an examp l e, Cus hing Park is adjacent to th e Engle1v o od Station LRT and is the origination of a bike tr ail head i ng west along Dartmouth Avenue, seemingl y towa rds th e So uth Platte Trail. H owever, as ride rs ap p roach the river, the y must ri sk tra versing a narrow sidewalk along a b ridge acr oss the ri ver, along Dartmouth Avenue . This is an extremely risky connection , but the only access to the ri ve r tr ai l wi t hin o ne mile to the north or south. 4 . Goal: Redevelopment of uses along the South Platte River to those most compatible with open space and recreational uses . • Objective: Create more useable open space for recreational opportunities. • Objective: Establish basic standards for land redevelopment along the corridor • Objective: Development of baseline zoning recommendation s consistent with land preservation goals • Objective: Development of strategies (incentives, regulatory ) to aid in conversion of incompatible uses to those better suited to natural resource adjacency Directly adjacen t to the ri1er, th ere exis ts numerous detr1111en tal uses i ncl uding auto salvJge lots, tire recvcling cen ters Jnd heavy i ndustrral use s. Redevelopmen t of these uses into th ose mo re compatible with th e riparian co rri dor is cnticJI to the sustJinab1iitv of thi s rrver. no t Just in Englewood .md Sheridan . but in th e entire stretch of the m ·er. These uses negJt1vel v effe c t borderless amenities such as fish and wild life hab1 tJts and reduc e the aestheti c eni ovment pro 1ded 1n the river. Rede velo pment will all ow the pmJte market to take adv.intage o f the river's asse ts and cJpitalize on th e opportuniti es ava 1IJble for higher and better us es al ng th e So uth Platte River . Denver's Cornrnon 's PJrk 1s J sh 111ing e~ampl e of ho w the rrv er CJ n be 0 I • 0 - • • -• • ... • - utilized as a viable econo mic tool to stimulate redevelopme n t and improved re crea tio nal and natural resourc e opportunities to Front Range communities. 5 . Goal: Conserve and protect the riparian habitat and open spaces for environmental education opportunities • Objective : Provide buffer zones adjacent to the river for wildlife viewing and habitat protection • Objective: Protect water quality by creating a set of development criteria Reducing detrimental uses adjacent to the river and by providing and maintai ning bu ffer zo ne s along the nver, the qu ality of the water in the this stretc h of the corrid o r w1ll 1m p rove . Additionall y, redu ci ng po int and non -point source pollutants w ill ai d i n pro vidin g suitable hab it at for aquati c and terrestria l spe ci es . Deliverables: The project is designed to produce an open space, trails and parks plan for a spe ci fi c planning area . The five phases will develop the following deli erable s: character A. Plan Preparation and Open Space Land U se In ve nt o r , Pro d ucts: 1. Base Maps with written anal y sis of constra i nts and opportun i t ies a. Analysis of all existing and potential open spaces , park s, trail s b . GIS mapping of wildlife mapping zones (endangered sp ecies , c rit ica l wetlands, unique vegetati v e areas ) c. Identification of potential major negat iv e impa c ts on natural resources including sources of polluti o n, land mana ge m e nt pra c ices that threaten resource quality and land uses or zoning that is incompatible with recreation areas 2 . Photos of project focus areas , adjacent land uses , characte r riv er , ri pa rian B. Consensus Building 1. Stakeholder meetings to gain consensus and establish criteria on ge neral goals for open space preservation, trail access , park enhancements 2 . Prioritization list of land areas for rede v elopment based on agr eed c riteri a 3 . Diagram map of general opportunity areas 4 . Slide show of potential opportunities (showing other similar proj ec ts) C. Visioning : 1. Draft Plan / Vision map 2 . Conceptual character sketches of potential changes to plan area 3 . Development of a prioritization list of: a. Parcels to be recommended for open space preserv ati o n ) I • 0 • • • • f t • •• ·' . ... . (. • - b . Prioritization of potential trail connections c. Identification of park improvements based on criteria 4. Written Report of initial scenarios D . Development of a Preferred Option: 1. Draft preferred scenario map 2. Interim report on plan options including .. a. Potential strategies for protection (easements, deed restrictions, regulatory actions, land trusts, joint use agreements ) b. Funding mechanisms and timelines for implementation E. Implementation Strategies: 1. Final Plan Report for vision of S. Platte River corridor with : a. Detailed implementation recommendations of preferred option b . Maps of envisioned plan area c. Implementation advisory practices 2. Power Point presentation for public outreach •· \. .. • ) I· 0 • • • • • • .. 0 BUDGET South Platte River/ Santa Fe Corridor Open Space Plan ~Q~RCE~ OF_Fld_~DS ___ oa1e_serured _ CASH Creal 011 1d oors Colorado rehniarv 200 1 Ci1v of [n1ilewood . CDflG Jun e 2000 Cily o f [n1dewood -Gen Fu111I M,uch 200 1 Total Sources of Funds USES OF FUNDS' Dale lo be Spcnl Comullanls ' . Prcp,udlion ;11111 lnv e nl ory · Cons e nsus fluolding · Vo,ioning · Refi11e111e11 1 of Alt e rn,11i ves . l111pl c 111e 111at1 on n1rec1 Co~ls (Prinling) Tolal Uses of Funds C ,P.1 1 Ourdoou Colorado l'lann,ng Granr Application Revmxl. Mardi } I. 100 I C...0(0) GOCO Requesl Applicant Maleh Partner Maleh Total ---------·-----•----------$51,000 -- $H,,OOO $25,000 $10,000 $H,,OOO $]5,000 $51,000 GOCO Funds Applic.inl Funds Parlner/Olher Fund, TulJI $14,000 $11,000 $7,000 $4,000 $1'..!000 $3,000 $16,000 $]5,000 $51,000 (,etum 10 0 ]- • • I I • ;, ~--. ~ ... •• -.. 0 South Platte River/ Santa Fe Corridor Open Space Plan PROJECT TIMELINE YEAR2001 Task Date: Feb Mar Apr May June July Aug Grant Notification X RFP Formulation X RFP Selection X Award Planning Contract X Land Use Inventory X X (6 wks) Consensus Building x-t--X (6 wks) Visioning X (4 wks) Preferred Option X Development (6 wks) Implementation Strategies (6 wks) Public Meetings /4 wks) Project Completion Plt:ase Note: Ptwect 11ulestooes may lodude, but are oot /1m1/ed to, the abo ve CiJtegones. Please tailor them t o fit yoor proJect. Revised Time/ioe 04/01 • Sept Oct " X . ' --Nov Dec " 0 X X - • • • ORDINANCE NO.~ SERIES OF 2001 •· .... • • - BY AUTHORITY .. COUNCIL BILL NO. 23 INTRODUCED BY COUNCIL MEMBER GARRETI AN ORDINANCE A THORIZING THE DELEGATION TO THE CITY ANO COUNTY OF DENVER, COLORADO THE AUTHORITY OF THE CITY OF ENGLEWOOD, COLORADO WITH RESPECT TO THE ISSUA:-.ICE OF SINGLE F A,\IILY HOME MORTGAGE REVENUE BONDS (THE "BO!'l'"DS ") TO FINANCE RESIDENTLI\L HOUSING FACILITIES FOR LOW ANO MIDDLE INCOME PERSONS AND FAMILIES WITHIN THE CITY OF ENGLEWOOD , COLORADO AND CERTAIN OTHER CITIES AND COUNTIES IN THE STATE OF COLOR.ADO ; APPROVING SUCH BONDS AND A SINGLE FAMILY MORTGAGE LOAN PROGRAM ; A !D AUTHORIZING THE EXECUTION AND DELIVERY OF A DELEGATION AGREEMENT AND OTHER DOCUMENTS IN CONNECTION THEREWITH . WHEREAS , the City of Englewood, Colorado (the "City··). and the City and Cou nty of Denver, Colora do (the "Is suer "), are each authorized by the Co unty a nd l\lunic1pality Development Revenue Bond Act. constituting article 3 of title 29. Colorado Revised Statutes, as amended (the '·Act"), to finance projects as defin ed in the Act , in cluding residential housmg facilitie s fo r low and middle income persons and famili es: a nd WHEREAS , Section 29-3-104(2) of the Act provides that a county or murucip ality may delegate by r esolution or ordinance, as the case may be , to any other county or municipality authonty to act on its be half in the financing of projects under the Act and that any such delegation may be general or limited in sco pe and time a nd may be irrevocable for the term or terms of any fmancing agreement or bond issue , all as provided in s uch re olut1 on or ordinance ; and WHEREAS. the Issuer proposes to issue single family home mortgage revenue bonds pursuant to the Act (the "Bond s") to finance residential housing facilities for low and middle mcome persons and families within the City and other cities and counties in the State of Colorado (t he ''Single Family Mortgage Loan Program"); and WHEREAS . the City de sires to delegate to the Issuer the a uthority of the City to finance a nd otherwise take action and exercise power under the Act on behalf of the City with respect to the Single Family Mortgage Loan Program within the City; and WHEREAS , it is necessary to evidence such delegation by the execution and delivery by the City of a Delegation Agreement (the "Delegation Agreement") between the City and the Issuer in substantially the form prese nted at this meeting; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sectjon 1. In order to facilitate the origination of single family mortgage loans within the boundaries of the City as part of the Single Family Mortgage Loan Program, the City hereby (i) delegates to the Issuer the authority of the City to finance and otherwise take action and exercise power under the Act on behalf of the City with respect to the Single Family Mortgage Loan Program within the City and (ii) approves , • 10 b ii I • 0 • • • • .:.~ • - and authorizes and directs the Mayor of the City to s ign and d eliver and the City Cl e rk to a ttest and deliver the Delegation Agreement in s ubs tanti a ll y the form presented a t this meeting. A copy of the proposed Delegation Agre em ent is on fil e in the offic e of t he City Clerk and iB available for inspection by the public. Section ?. The Council hereby approves the Bonds and the Single F a mil y Mortgage Loan Program for purposes of Section 147 (t) of the Internal Re ve nue Co de of 19 86. as amended . Sect10n 3. The Mayor of the City is hereby authorized and directed to execute and deliver and t he City Clerk is hereby authorized and directed to attest and deliver such other agreements and certificates and to take such other actions as may be necessary or convenient to carry out and give effect to the Delegation Agreement and this Ordinance, including any agreement or certificate approving the Bonds or the Single Family Mortgage Loan Program for purposes of S ection 14 7(t) of the Internal Revenue Code of 1986, as amended. Section 4. Nothing contained in this Ordinance or t he Delegation Agreement sha ll constitute a debt, indebtedness or multiple-fiscal yea r direct or indirect debt or other financial obligation of the City within the meaning of the Constitution or statutes of the State of Colorado or the home rule charter of any political subdivision thereof, nor give rise to a pecuniary liability of the City or a charge agains t its general credit or taxing powers. Section 5. If a ny section, paragraph, clause or provis ion of this Ordinance s ha ll fo r any reason be held to be invalid or unenforceable . the invalidity or unenforce ability of any such section. paragraph, clause or provision shall not affect any of the remaining provisions of this Ordinance. Introduced, read in full . and passed on first reading on the 7th day of May. 200 I . Published a s a Bill for an Ordinance on the 11th day of May , 2001. Read by title and passed on final reading on the 21st day of Ma y, 2001. Publis hed by title as Ordinance No . _, Series of 2001 . on the 25th day of May , 2001. ATTEST: Thomas J . Burns. Ma yo r Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado, hereby certify that the above and foregoing iB a true copy of the Ordinance passed on final reading and published by title as Ordinance No . ~ Series of 2001. Loucrishia A. Ellis , I I • 0 • • • • • - CERTIFICATE OF THE CITY OF ENGLEWOOD , COLORADO Relating to CITY AND COUNTY OF DENVER, COLORADO SINGLE FAMILY HOME MORTGAGE REVENUE BONDS .. (METRO MAYORS CAUCUS SINGLE FAMILY MORTGAGE BOND PROGRAM) SERIES 2001 The undersigned Mayor and City Clerk of the City of Englewood. Colorado h ereby certify that: l. Ordinance. Attached hereto is a true and correct copy of an Ordinance of the City Council of the City of Englewood, Colorado (the "Council") that was adopted by the Council in accordance with applicable law on the date indicated therein (the "Ordinance"). All meetings of the Council at which action relating to the Ordinance were taken were properly noticed in the manner and at the times required by law, were open at all times to the general public and were attended by a quorum of the Council. The Ordinance has been signed, attested. sealed and made a permanent part of the records of the Council in accordance with applicable law: 1s in full force and effect; and has not been amended, modified or repealed si nc e its adoption. 2 . 3 . Delegation Agreement. Attached hereto is a true a nd co rrect copy of a Delegation Agreement dated as of the date indicated therein (the '·Delegation Agreement") between the City of Englewood. Colorado a nd the City and County of Denver, Colorado (the "Issuer''). The Delegation Agreement has been duly authorized, executed and delivered by the City and, upon due authorization, execution and delivery by the Issuer, will constitute a valid and binding obligation of the City, enforceable against the City in accordance with its terms. Approval of Bonds and Project. A public hearing on behalf of the Council, the City and the Issuer was held in the Office of Planning and Dt!velopment for the City and County of Denver, Colo rado. At s uch public hearing, all interested persons were given an opportunity to exp re ss their views , both orally and in writing, on the proposed issuance of the Bonds and the location and nature of the Single Family Mortgage Loan Program. The Council has received a report of the hearing. The Ma yo r of t he City of Englewood , Colorado, as the chief elected e xecutive official of the City of Englewood , Colorado acting as s uch afte r s uch public hea nng, her eby approves the Bonds and the Single Family Mortgage Loan Program , which approval is intended to comply with the provlSlons of Section 147{!) of t h e Internal Revenue Code of 1986, as amended . IN WITNESS WHEREOF, we have here unto set our hands this ___ d ay of -------· 2001. ATTEST: Thomas J. Burns, Mayor Loucrishia A. Ellis, City Clerk • ) I • 0 • • • • '' •' .. • -~ DELEGATION AGREEMENT THIS DELEGATION AGREEMENT (this "Delegation Agreement") is betwee n CITY OF ENGLEWOOD , COLORADO . a home rule muruc1pal corporation and political subdivision of the State of Colorado (the "City"'), and the CITY AND COUNTY OF DENVER. COLORADO, a home rule city, a murucipal corporation a nd a political subdivision of the State of Colorado (the "Issuer''). RECITALS: WHEREAS , the City and the Issuer are each authorized by the County and Murucipality Development Revenue Bond Act, co nstituting article 3 of title 29, Colorado Revised Statutes, as amended (the "Act'), to finance projects as defined in the Act, including residential housing facilities for low-and middle-income persons and families ; and WHEREAS , Section 29-3-104(2) of the Act provides that a co unty or muruc1p ality may delegate by resolution or ordinance. as the case may be , to any other co unty or municipality authority to act on its behalf in the financing of projects under the Act and that any such delegation may be general or limited in sco pe and time a nd may be irrevocable for the term or terms of any financing agreement or bond is s ue , all as provided in such resolution or ordinance; and WHEREAS, the City desires to delegate to the Iss uer the a uthority of the City to finance and otherwise take action and exercise power under the Act on behalf of the City with respect to the Single Family Mortgage Loan Program within the City. NOW THEREFORE, in consideration of the mutual covenants and unde rtakm gs set forth herein, the City and the Issuer hereby agree as follows : Sectjon 1. The City hereby delegates to the Issuer the a uthonty of the City to finance and otherwise take action and exercise power under the Act on behalf of the City with respect to the Single Family Mortgage Loan Program w1thm the City . Sectjon 2. The Issuer hereby accepts the delegation of authority from the City pursuant to Section 1 hereof and agrees to abide by each of t he terms and co ndition s of this Delegation Agreement in connection with the u se of s uch delegation. The Issuer agrees to make available to the City no later than June 1, 2001. a portion of the proceeds of the Bonds for the origination of home mortgages within the City·s boundaries. IN WITNESS WHEREOF, the City and the Issuer have caused this De legation Agreement to be executed to be effective as of , 2001. [SEAL] CITY OF ENGLEWOOD , COLORADO ATTEST: Thomas J . Burns, Mayor Loucrishia A. Ellis, City Clerk • ' . • • J I • 0 • • • • ,. • - /D e,,1 RESOLUTION NO.~ SERIES OF 2001 A RESOLUTION APPROVING THE SUBDIVISION OF PROPERTY LO CA TED APPROXIMATELY 60 FEET WEST OF SO UTH RARITAN STREET, EXTENDING FROM WEST BAKER A VENUE TO WEST HARV ARD A VENUE FOR THE MONTCARO SUBDMSION. WHEREAS , Lots 1, 2 and 4, are intended to be leased or sold for smaller-scale industria l or commercial uses; Lot 3, will remain as a nonconforming residential use a nd prese ntly has a small house on it, which was built in 1948 ; and WHEREAS , the proposed subdivision will divide a .7 6 acre parcel of unplatte d la nd into four lots in an area bounded by We s t Baker Avenue on the north, West Harvard Avenue on the south, South Raritan Street on the ease , a nd South Tejo n Street on the west; and WHEREAS , the proposed subdivtsion prope rty is situated approximately 60 feet west of South Raritan Street and extends from We st Bake r Avenue to We st Harva rd Avenue: and WHEREAS, the zoning of the area is prese ntly 1-1, General Indus trial Di s trict and will remaining I-1; and WHEREAS, application has been made by Monte Sanders a nd Ca rol A. White , the property owners, requesting subdivision of the property into four lots with each lot h avi n g an approximate area of 8 ,271 s quare feet with 61 feet of street frontage , WHEREAS , the Englewood Planning and Zoning Commission held a Public H earing on the proposed MontCaro Subdivision on April 17, 2001 and the MontCaro Subdivision wa s approved with the following modifications: (1) The Utility Easement shown betwee n Lots 1 and 2 shall be delineated as 5 feet on each side of the common lot line ; this easement is al so to be designated as a "utility/drainage easement". (2) The Utility Ease m e nt on the eas t side of Lots 2 and 4 to be delineated as 10 feet and designated as "utility and dra ina ge easement". (3) The Utility Easement between Lots 3 and 4 shall be delineated to s h ow 5 feet on each side of the common lot line ; this easement is to be designated as a .. u tility a nd drainage easement". (4) The Utility Easement on the east side of Lot 3 s hall be exte nded south to West Harvard Avenue ; to be shown as five feet in width , and designated as a "utility and drainage easement". (5) The east/west easement between Lots 1 and 3 and between Lots 2 and 4, shall be delineated to show the division of the easement on the properties. (6) All easements are to be designated as "utility and drainage" easements: and WHEREAS , the Montcaro Subdivision Plat which now includes the Planning and Zoning Commission's requirements, attached hereto as "Exhibit A"; NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT : Section ) . The City Council of the City of Englewood, Colorado hereby a pproves the Montcaro Subdivision Final Plat which now includes the Planning and Zoning Commission's requirements. attached hereto as "Exhibit A". • • A I • 0 • • • I ' •, .... .. • -~ ADOPTED AND APPROVED this 21st of May , 2001. Thomas J . Burns, 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 .~ Senes of 2001. Loucrishia A. Ellis .. • ' I • 0 - • Date I , .. • • - COUNCIL COMMUNICATION Agenda Item .. Subject Final Plat for May 21, 2001 10 Ci Montcaro Subdivision INITIATED BY STAFF SOURCE Monte Sanders and Carol A. White Tricia Lan gon, Senior Planner Community Devel opment PREVIOUS COUNCIL ACTION There has been no previo us Council action concerning this matter. PREVIOUS PLANNING COMMISSION ACTION The Planning and Zoning Commission co nsidered the Preliminary Plat of th e Montcaro Subdi\ ision at a public hearing on April 1 . ::!001. o members of the public were present at the hearing. The Commission recommended modifications to the applicants. to which th e agreed . The Com miss io n then voted to forward the Final Pla t to City Council with a recommendati on fo r approval. RECOMMENDED ACTION Staff rec ommends that Council approve the Final Plat of the Montcaro Subdivision . BACKGROUND The proposed Montcaro Subdivision is located within an area bounded by West Baker Avenue on the north, West Harva rd A en ue o n the south , South Raritan Street o n the east , and South Tejon Street on the west. It is situated approximately 60 fee t west of South Raritan Street and runs irom West Baker through to West Harvard Avenue . The subject property and surrounding area is zoned 1-1 , General Industrial District. The adjacent area is composed of industrial uses . Lot 3 of the proposed subdivision co ntains a garage and a residential structure , built in 1948, and c urrently rented as a residential dwelling. Th e area was annexed into the City in 195 7 as R-1 -D Residence District, and rezoned to 1-1, General Industrial District in 1963. That rezoning granted nonconforming use status to the residential us e on the site. ANALYSIS Title 10, Land Subdivisions, of the Englewood Municipal Code requires that unplatted property be subdivided through the Major Subdivision process . The property is currently a single unplatted parcel of 33,087 square feet or .76 acres. The proposed subdivision creates four lots with each lot having an approximate area of 8,271 square feet with 61 feet of street frontage. Lots 1 and::! will front on West Baker Avenue and Lots 3 and 4 will front on West Harvard Avenue. The proposed subdivision creates four lots of approximately .19 acres each . No minimum lot size or street frontage is required in the 1-1 , General Industrial District. •· . r I • 0 • • • • .. ... • • The subdi visi o n is being proµosed to create Lots l , 2 and 4 as buildable lots intended to be leased or sold for smaller-s cale industrial or commercial uses such as auto body, auto mechanics, or HVAC c ontractors . Lot three at this time will remain as a nonconforming residential use and is subject to regulations of Chapter 6, Nonconforming Uses , of the Englewood Municipal Code. 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 currently available to the site. Drainage and surface water easements have been provided on the plat. Drainage requirements fo r future development will be specific to the type of development and will be addressed through the Building Permit process. The proposed subdi v ision is consistent with the Comprehensive Plan , which designates the site as part of a general industrial area . The seven City departments and divisions comprising the Development Review Team reviewed the proposed subdivision . All identified development issues on the proposed subdi v ision have been resolved . FINANCIAL IMPACT The proposed subdiv ision will result in increased pro perty tax and remit re venues generated by proposed future development. LIST OF ATTACHMENTS Resolution Staff Report Findings of Fact Final Plat ) I • 0 32 I ' _J i • • • • .•. • - FINAL PLAT OF MONTCARO SUBDIVISION PART0#' 11U: SOU/11 112 a,.· TIil.' S0lff1IWl::s1" 114 a,·· na: /tt'ORT'H£.AST Ii" 0,. TH£ $0U/1fWI.Sf' ll•it:J1-·S1;.·C710/lt'28. TOWNSH/P4SOU'l'H. RAJt/C1;'65 WCSTOFTHJ;.'t,/'H PM, Cln' OF' £./VGLIW()(XI, COl.ll'tTY OF A RAPA.HOC, srA TC OF" COLORADO ~-I V ---------------------------_____. I;--• n,rr IIAUll 4VD<t/E /.,..,.,.,,._ ... ~-~ 'l'.-..Jv---,-....,.,.~---"' 11 ~ ~I ~ ~ r-+-··----··--· ., -·-: -·- ......... I ell I w.: ,I -~=::-,! . " --•, i ~ 1· I ! ~ • ! . 0 DED/£;,iII ON r-;::':t::•:;;~:·.f~ :-.: ._, ~-~~.::;;;.: .. ~ --··-~···-··oi • ........ ru ..,_.-,:,.. ..:.-... ... ~~i~:1_~?l;:~;7:J:: .... ·.,~·r _, .,_ ... _ .. ,....,_ .... ,.,, --... -.,, :;:;:;:.~~.·1 r ~.;-,;a;u~-:~-,.':.. .... :u • .... _. ::;,...ao .. -=._,~ ;,_ .. ~ ... ,. -... ,.... "'"r , .. ,..,. --·~,-..• M••-'\I",.,"°_ '"'""°'~---.. ---".-.... ~---~-:~,z~7~ii'.:~:.. -·----••oo __ _ --~!"":".:---··--·---·--· .. ·-· -···- <XU• • .., --·---·-· --.. -------.... _ ... -- ___ .., _______ _.._ -~·---- --.. - ------· .5!/fLl'£YORS a 'RTIF!CA.IJQ/Y. t~~at:.:-..=:£'= :lt:t, ;.,.-:.~~-1-~, ---..=.-...... CLLIU( ,!ND~~ C£RTl[K'£r/Q!!. --·--· ... a,flltt· ... ---·---·-._.ci.._. ___ .... ----•«-•----- !J..!_'i_A L PLAT OF' M ONTC >.R O SUBDIV/ IOt' 1 .. , 6 ... , __, _,... AftfOYa / I-~ 1..0 •1:n lt.t.l.lQI &Vl:llllfl.' ,_ •,.. -.. .... •.r• •,.. -...,-. •I•"' ,a-,...., 1/1 ., ,- _...., 1/e W ....... ,...._ t ......... -, II...,. W flll ... • • .a_ an•....._ eoa."'" •....,...._"•ft•, • .._ COLOIIADO &NGlNEt:RIHG • auaVl:YING INC.. 3470 90. 8HER.tll.AN IIT ..... l:NGUWOOD. C OLONA.DO eo110 (303J -781 -8()(~~ • 0 • • -• ··,\. RESOLUTION NO . .!:f!/:;. SERIES OF 2001 • • • .. . .. A RESOLUTION AUTHORIZING A "LI CENSE AGREEMENT'' AND A "GRANT OF CONSTRUC TION EASEMENT'' TO WATSON LANE, LLC . FOR THE CONSTRUCTION OF WATSON LANE ACROSS THE BROW N DITCH. WHEREAS, the Watson Lane, LLC . requested a License Agreement and Grant of Co ns truction Easement for the purpose of constructing a new roadway to be known as Watson Lane across the Brown Ditch; and WHEREAS, the co n struction area crossing of the Brown Di tc h is in the 5600 block of Watson Lane, located one block West of Federal and South of Bowles , North of Columbine Country Club in Littleton ; and WHEREAS , the new roadway is adjacent to the Brown Ditch and moving the road fr om the West side to the East si d e of the Brown Ditch resul ts in five residences n eedin g a cce ss t o their properties by crossing the Brown Ditch ; a nd WHEREAS, Watson Lane LLC . will be piping the Brown Ditch cr ossings with ova l 24 "' by 38" RCP pipe ; and WHEREAS , the Watson Lane road and crossings were d esigned to impact the Brown Ditch as minimally as possible while leaving it as fun ction al as possib le ; a nd WHEREAS , the License Agreement provides that Watson Lane LLC . expressly a ssumes full and strict liability for any and all damages of every nature to per on or property cause d by the point or points where Watson Lane LLC. pe r fo rm s any work in connection with the crossing provided by Watson Lane LLC ; and WHEREAS , the License Agreement provides the City reserves the right to m ake full us e of the property nece ssary in the operation of the Brown Ditch ; and WHEREAS, the License Agreement provi des that the City r etains all rights to operate. maintain , ins tall, r e pair. remove or relocate any of it 'facilities located within the City's Right-Of-Way ; and WHEREAS , the Englewood Water a nd Sewer Board r eco mm e nd ed Co unci l approva l of a ·'License Agreement"' a nd a "Grant of Constructio n Easement" to Wats on Lan e, LL C . for the co nstruction of Watson La ne Across the Br ow n Ditch , at its May 8th , 2001 meeting ; OW , THEREFORE, BE IT RESOLVED BY THE CI TY COUNCIL OF THE C ITY OF ENGLEWOOD, COLORADO , THAT : • 0 I • 0 - • • • • - COUNCIL COMMUNICATION Date Agenda Item Ma y 21 , 200 1 10 C ii STAFF SOURCE ... Subject License Agreement and Grant of Construction Easement fo r Watson Lane INITIATED BY Utilities Department Stewart Fonda , Direc tor of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None RECOMMENDED ACTION The Englewood Water and Sewer Boa rd, at their Ma y 8, 2001 meeting, re commended Council approval of the License Agreement and Grant of Constru cti o n Easement for Watson Lane to cros s the Brown Ditch. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Mr. Ross Robbins has submitted a License A greement and Grant of Construction for crossing the Br own Ditch in the 5600 block of Watson Lane, w hi ch is loca ted o ne block west. of Federal and so uth of Bow les north of Columbine Count ry Club in the City o f Littleto n. Mr. Robbins is constructing a new roadway adjacent to the ditch and mov ing the road from the west side t o the east side of the Brown Ditc h. A s a result, five residences will need access to their property by crossing the ditc h. Mr. Robbins' construction company, HomeSphere will be piping the ditch crossings with oval 24" x 38" rep pipe. A homeowners association that is now being formed will maintain th e ditch. Th e roa d and cros sings were design e d to impact the ditch as minimally as possible while lea ving it as functional as p oss ible. The Li ce nsee expressly assumes full and stri ct liabilit fo r any and all damages of every nature to person o r property ca used b y the point o r points where the Licensee performs an\' work in co nn ec ti o n with the cross ing provided b y th e Li ce ns ee. Th e City reserves th e right to m ake fu ll use of th e property necessary in th e o peration of th e Br own Ditch. Th e City retains all rights to o p e rat e, m ain t ai n, in stall , re pair, rem ove o r reloca te any of its facilities loca ted with th e City's right-of-wa FINANCIAL IMPACT None. LIST OF AITACHMENTS Proposed Resolution . ' I • 0 I - • • • • I• ' .. .. • - Sectjon l. The "License Agreement" and the "Grant of Con struction Easeme n t " to Watson Lane , LLC . for the purpose of constructing a new roadway adjace nt to the Brown Di tch a nd moving the road from the West side to the East sid e of the Brown Ditch , a s desc ribed in Exhibit "A", is hereby accepted and approved by the City Council of the City of E n gle wood . Colorado. Sectjon 2. The Director of Utilities is authorized to execute the "Lice n se Agreement'' and the "Grant of Construction Easement" for and on behalf of the City of Englewood . o lor::id o. ADOPTED AND APPROVED this 21 " of Ma y , 2001. Thomas J . Burns , Mayor ATI'EST: Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis , City Clerk for the City of Englewood , Colo r a d o, h er eby ce r tify th above is a true copy of Resolution No ._, Series of 2001. Loucrishia A. Ellis I • 0 - • • • • • -.. LICENSE AGREEMENT THIS AGREEMENT, made and entered into as of the ;21!3.. day of April .2 001. by and between the CITY OF ENGLEWOOD, a municipal corporation of Colorado. herein after re ferred to as "City" and Watson Lane, LLC., hereinafter referred to as "Licensee." WIThESSETH : The City without any warranty of its title or intere st \\'h:nsoewr, hereby authorizes Licensee. its successors and assigns. to install a 24" X 38" RCP pipe with in City's right-of-way for the Brown's Ditch and to install, repair and maintain an access drive aero s the City's rights-of-way for the Brown's Ditch. de scribed as a parce l of land situated in a portion of Tract 7 and all of Tract 8. \\"alter A . Bowles Gardens . located in the o uthwes t quarter of Section I 7. and the '-iorthwest quarter of Section 20. To wn s ip 5 outh. Range 68 West of the 6th Principal :'vler idian. Count:-of :\rapahoe. State of C olo rad o . de pic ted up o n Exhibit A. attached hereto and made a part hereo f. I. Any construction contemplated or perfo rmed under thi s License shall c o mply w ith and conform to standards formu lated by the Directo r of Ltilities of th e City and such co n tructi o n shall be performed and completed according to the plan s approved by the Cit y. 2. The Licensee shall notify the City 's Din:cto r of Ltilities at lea st three (3) days pr io r to the time of commencement of the construction oC or any repairs made to. Licensee's 24 " X 38 " RCP pipe and access drive so that the City may. in its discretion inspect such o perati o ns . 3 . Within thirty (30) days from the date of commencement of construction of said 24 " X 38" R CP pipe and access drive. the licensee shall complete such construction. pi:Jce and ma inta in pennanent. visible markers . of a type and at such locations as des ignared b:-th e Ciry ·s Director of Ctilities. referring to the centerline of the installarion and shall clear the crossing area of all construction debris and re sto re the area to its pre vio us condit ion as near as may be re as o nable . In the e\·ent the placing of the centerline markers and rhe clearing and re storati on of the cro ssing area is not completed within the time specified. the City may complere the work at the sole expense of the Licensee. 4 . The City shall ha\ e the right to maintain. install , rep air. rem ove or relocate the Bro\\n 's Dit ch or any o ther of its facilities or installations within the City's rig hts -of-way. at any time and in such manner as the Cit:-deems necessary or co nvenient. T he City re se rve s the." exc lusive right to control all easements and installati o ns . 5 . The stipulat ion and conditions of this Licen se shall be incorporated int o contract specifications if the cons truction herein authorized is to be done: on a contract basis E X ~ I e I l I I • 0 • • • • ... • - 6 . The rights and privileges granted in this License shall be subject to prior agreements, licenses and/or grants. recorded or unrecorded, and it shall be the Licensee's sole responsibility to determine the existence of said documents or conflicting uses or installations . 7 . The Licensee shall contact and fully cooperate with the City's personnel and the construction shall be completed without interference with any lawful , usual or ordinary flow of water through the Brown's Ditch. Licensee shall assume all risks incident to the possible presence of such waters. or of storm waters, or of surface waters in the Brown's Ditch . 8. All trenches or holes within the City's rights-of-way shall be backfilled and tamped to th e original ground line in layers not to exceed six (6) inches lo ose measure to a compaction of ninety per cent (90%) Standard Proctor Maximum Den sity. 9 . Licensee shall indemnify and save harmless the City. its officers and empl oyees . a gainst any and all claims. damages, actions or causes of action and expenses to wh ich it o r they ma~ be subjected by reason of said access drive being within and across the premises of the Cit y o r by re ason of an y work done or omission made by Licensee. its agents or empl o ~ ees. in connection with the construction, replacement, maintenance o r rep ai r of said access dri\·e . Licensee. for a period of one (1) year beginning on June I. 2001. warrants to Cit~ that the 2-1 ·· X 38 '' RCP pipe will be free from defects in materials and will be free fr om defects in the installation of the 2-1" X 38" RCP pipe int o the Brown's Ditch ri gh t-of-way . upon an assignment of thi s License to a th ird party. which assignment s ha ll be approved by City (approval of an assignment s hall not be unreasonabl y withheld o r delayed) Watso n Lane . LLC. shall be rele ased fr o m all respo nsi bility under the provi sio n s of this par:igraph and the approved assignee shall assume all obligations under this paragr:iph .. .\lso . when the Colorad o Department of Trans portat io n and/or the City of Littleton ac cepts the project constructed under this License Agreement for maintenance pursuant to an agreement w ith the Ci t~ o r by other means acc eptable to the C ity then Watson Lane , LLC. shall be relea ed from a ll responsibil ity under the provisions of this paragraph . 10 . It is expressl y agreed that in case of Licensee's breach of an y of the wit hin promi se s. the City may. at its option. have s pecific performance thereof. or sue for damages result ing from such breach . 1 1. l pon abandonment of an y right or privilege here in granted. the right of Licensee to that extent shall term inate, but its obligation to indemnify and save harm less the City. its office rs and emplo yees . shall not terminate in an y event. except as to Watson Lane , LL C. pursuant to the provis ion of parag raph 9 above. . ' ) I • 0 • • • • , ... ,_ .. -.... • - In granting the above authorization, the City reserves the right to make full use of the property involved as may be necessary or convenient in the operation of the water works plant and system under the control of the City. IN WITNESS WHEREOF , this instrument has been executed as of the clay and ye:i.r first above written. APPROVED : Water and Sewer Board Stewart Fonda, Director of Utilities APPROVED AS TO FOR.\1 : CITY OF ENGLEWOOD , Acting through and by its Chairman LICENSEE WATSON LA:,..iE. LLC. By : Ross S. Robbin s, \!ember ) I· 0 • • !. ---= . ---~ === ------.-.. · ... --~-==::-----=--= =-===-= ~ • ,a.P-I ·:a:::-- • • - ,;·i9 •;;'~~s ;·~c~.··" ~, ~uijso,•s 1-..1,.s . ,-'J_1 -;1 ..... I,-· ·.= ..!..---:, I ~ .~·~' 0 -.:-~ ~~~:t~:~•wa _;:-~ -·--· -~~-- 0 • • • • ·,, •• - GR.\~T OF CONSTRUCTION EASEMENT THIS AGREE'.'v!ENT is made this :.z-l!day of /ltf)/ , 2001 by W .USON L.\:"JE , LLC. ("Watson'), whose principal place of business is 1501 West Campus Drive . Suite '.'vi. Linleton. Colorado 80120. and the CITY OF ENGLEWOOD ("Englewood"). a Colorado munic ipality whose principal place of business is 1000 Englewood Parkway. Englewood, Colorado 80110 . WHEREAS , Watson desires to construct roadway improvements to Watson Lane. to serve future development and in accordance with an approved City of Linleton Plat: and WHERE.\S. Wat.son is required to install a Linleton approved 24" X 38" RCP pipe project in an Englewood City Ditch right-of-way in the location depicted upon Exhibit A anached hereto and made a part hereoflthe "Project") and WHEREAS . Watson ov.m a parcel of vacant land slated for residential development. THE PARTIES covenant and agree as follows : l . Description of Project. Watson will install a Littlet on appro,·ed 24 " X 38" RCP pipe project in the Englewood City Brown·s Ditch right-of-way and co,·er same with ck.in fill dirt beg innin::: in '.'vlay of 2001. After the pipe is installed and co,·ered. v.·hic h is to be no later than October of 2001. Newton will do what is reasonably nece s ary to restore the property to the original condition. 2. Ri2ht to Store Material . Englewood agrees to permit Watson. in conj unction with the construction and installati o n of pipe. to store pipe , equipment and fill dirt on a site as indicated on the attached map . Watso n agrees to erect a temporary security fence around the storage site and maintain adequate security for the site at all times. \\'arson further agrees to comply with all state and federal statutes and regulatio ns regarding the handling. storage and clean up of an y hazardo us materials used by Watson. its employees. agents and assigns in conjunction with the Proj ect The location of the construction easement is depicted upon Exhibit ''A". 3 . Len_th of .\2r eement . This .\greement shall expire on \lay 3 I. 200 2 . Ho we\·er. the Brown's Di tch piping project mus t not begin before June I. 200 I. and the 24 " X38 " RCP pipe mu st ha, e fl ow capability on or before June I. 2002 . 4 . Ac cess Watson shall have the temporary non-exclusive right to enter the property for any reasonable purpose necessary for the construction of the project subject to the foll o wing restrictions : 1) normal working hours shall be from 8 :00 a.m. until 4 :00 p.m .: 2) the operation of equipment and heavy trucks will be permined an the property only during normal working hours: 3) \\'atson will comply with all City of Linleton requirements regarding emergency access to the property . 5. Restoration. Watson will do what is necessary to restore the propert. to its original condition inc lu ding but not li mited to : regrading the property under this agreement and reseeding the property acc ording to Linleton requirements . The restoration is to be completed by the expiration date of this Grant • ) I • 0 • • -• • t, •• .. •• -' 6. Site Condition . Watson will provide security for the site at all times. ln addition, Watso n will endeavor to keep the site in a visually acceptable manner during the term of this agreement. and Watson will maintain adequate dust control either by regularl y sprayi ng exposed soil with water or by other acceptable methods . 7 . Liabilitv. Watson agrees to be liable and hold harmless Englewood. its employees . tenants. guests and invitees from any and all claims, causes of action, and liability which may occur as a result of the actions of Watson including the cost of defending against such claims . 8 . Insurance. Watson shall maintain in full force and effect a valid policy of insurance for The Project in the amoWlt of $600,000 property coverage and $600 ,000 liabili ty coverage . W ats n further agrees that all Watson employees, contractors and sub-contractors worki n g on the Project shall be covered by adequate Workers Compensation insurance . 9. Arbitration-The parties agree to submit an y dispute to arbitrati o n pursuant to Colorado la,,. IN WllNESS WHEREOF, the Parties hereto have executed this Grant of Constructi o n Easement on the below \.vrinen date to be effective on the day and year first abo ve \Hillen . STATE OF COLORADO ______ ) COUNTY OF ARARP AHOE ) )ss . WA TJ~_5; LA:--;E . L~C/ . ~//.~~?~<:./ by : Ross S . Robb in s. Member On thi s :;n\h day of \ V )·.t . 200 I. before me pe rso nall y appeared Ross S . Robbins, known to me to be a Member of the Watso n Lane . LLC. that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said LLC for the uses and purposes here in ment io ned . and on oath stated that he is authorized to execute said instrument IN WJNESS WHEREOF . I have hereunto set m y hand and affixed my official seal th e day and year first above .. vrinen My commission expires : :, l dd l ~;:_,c..t NOT AR PUBLIC ADDRESS CITY OF ENGLEWOOD, C O LO R.-\D O Director of Utilit ie s • 0 I . C, • -. • •• - Exh ibit A Legal Description A PARCEL OF LAND BEING A PORTION OF TRACT 7 , AND ALL OF TRACT 8 , WALTER A. BOWLES GARDENS , LOCATED IN T H E SOUTHWES T Q UARTER OF SECTION 17 AND IN THE NORTHWEST QUARTER OF SECT ION20 . TOWN S HI P 5 SOUTH .RANGE 68 WEST OF THE SIXTH PRINC IPAL MERID IA N, C ITY OF LITILETON , COUNTY OF ARAPAHOE , STATE OF COLORADO, BE ING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARING FOR THIS LEGAL DESCR IPTION JS THE NO RTH LINE OF THE NORTHWEST QUARTER SECTION OF SECTIO N 20 . TOWNSH IP 5 SO UTH . RANG E 68 WEST OF THE SIXTH PRINCIPAL MERIDI AN , ASSUM E D TO BE A R NORTH 89 50 '22 " EAST, BEGINNING AT THE SOUTHWESTERLY CORNE R OF SAID TRACT 8 ; THENCE NORTH 08° 51 '14" WEST ALONG THE WESTERLY LINE O F SA ID TRACT 8 A DISTANCE OF 1027 .15 FEET TO THE NORTHW ESTER LY CORNER OF SAID TRACT 8 ; THENCE SOUTH 77 °28 '57" EAST ALONG THE NORTHERLY LIN E OF SAID TRACT 8 A D ISTANC E OF 14.17 FEE T TO TH E SO UTHWE STERLY CORNER O F SA ID TRACT 7 ; THENCE ALONG THE WESTERLY LINES OF SAI D TR.A.CT 7 T HE FOL LOWING F l E (5) COURSES , 1) THENCE NORTH 05 ° 28 '5 7" WEST A DISTANCE OF 8 7 00 FEET ; 2) THENCE NORTH 11 °30 '3 7" WEST A D ISTANCE OF 5 137 FEET; 3 ) THE NCE N ORTH 11°3 3 1 ' WEST A D ISTANCE OF 219 45 FEET, 4 ) THENCE NORTH 06 ' 05·14 " EA ST A D ISTANCE OF 97 93 FEET , 5 ) THENCE NORTH 07 ° 49 '17" WEST A DISTAN CE OF 129 82 FEET TO A POINT ON THE SOUTH ER LY R IGHT OF WAY OF W ES T BOWLES AVENUE ALSO BE ING THE SOUTHERL Y LINE OF HI GHWAY R IGH T OF WAY PARCEL NO . 15 AS DESCRIBED IN BOOK 5885 AT PAGE 565 OF THE ARAPAHOE COUNTY RECORDS; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY THE FOLLOWI NG TWO (2 ) COURSES , 1) THENCE NORTH 65° 56 '42 " EAST A DISTANCE OF 111 .30 Fc:ET ; 2 ) T H E NCE NORTH 63 °39 '06" EAST A D ISTA NCE OF 74 .10 FEET , THENCE SOUTH 05°23'31 " EAST A DISTANCE OF 695 .63 FEE T TO A POINT ON S AID NORTH ERLY LINE OF TRACT 8 ; THENCE SOUTH 77 °28 '57 " EA ST ALONG SAI D NORTH ERLY LINE OF TRACT 8 A DISTAN CE OF 85 .12 FEET TO THE N ORTHEAST ERLY CORNER OF SAID 7 RACT 8 ; THENCE SOUT H 08 °5 1 '14" EA ST ALONG THE E A STERLY LINE OF S AID TRACT 8 A DISTANC E OF 762 23 FEET TO THE SOUTHEASTERLY CORNER OF SAID TRACT 8; TH E NCE SO UTH 47 °09 '25 ' WEST ALONG THE SOUTH ERLY LINE OF SAID TR A CT 8 A D ISTANCE OF 299 86 FEET TO THE POINT OF BEGINNING CONTAINING 7.62 ACRES , MORE OR LESS . • I· 0 • -• I z--==-S--,=-- 1 L;;J •• :!::.:.~ • .. • - • 0 ,..,,.. .... ;~ ~~~!.~· .. i . I :; =··· .pa -:-!"'..!::" ••• ~~~----·--.- 0 - • • -• • • -.. COUNCIL COMMUNICATION Date Agenda Item May 21 , 2001 10 C iii INITIATED BY STAFF SOURCE .. Subject Office Furnishing Purchase for Service/Supp o rt Facilit Expansion L/E WWTP Supervisory Committee Stu Fonda, Utilities Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council approval for the capital purchase of office furn is hings for the L/E WVVTP Service/Support Fa cility expansion as part of the 2001 budget. RECOMMENDED ACTION The action recommended is to approve by motion the purchase of American Seating workstation materials from Jordy Carter Commercial Interiors in the amount of $66 ,2 23.20. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED In 2000, a construction project to expand the Service/Support Facility began. The expansion called for space use realignment, as well as building additions to accommodate space requirements to meet current and 5 year needs . The expansion will be completed in June 2001. Office and workspace furnishings were not con ta ined as part of the construction project to avoid contractor markup costs . Plant staff, with assistance from Fisher Architects , prepared furniture specifications based on sole source approval to purchase American Seating furni ture to match existing furnishings . Bids were obtained from two local ve ndo rs that suppl y American Seating. Both companies responded to the bids as follows : Jordy Carter Incorporated The Corporate Environment $66 .::!::!3.::!0 $71 ,719 .72 Both bids were responsive and technically acceptable . FINANCIAL IMPACT As a capital purchase, the cost of this expenditure will be shared 50 /50 by the Cities of Englewood and Littleton . LIST OF ATTACHMENTS 1. Capital Outlay Request 2. Bid Tabulation Sheet • I • 0 • • • . ,. • -' OPERATING CAPITAL OUTLAY REQUEST (5'epartment or Fund: UE WWTP 11-05 ! Division : Maintenance Description of equipment or object expenditure : Addition of 5 new offices Administration area Addition of 1 new office Maintenance Mechanic area 11 -05-44221 Addition of 1 new office in electrical control area. (Old Solids Handl ing Building) Replacement of furnishings in operations muster area Explanation of neccesity or benefits of this expenditure : No Provisions in Administration Expansion Contract For Furnishinqs Total costs of placing equipment in full operation : Estimated Costs Unit Cost Total Cost Purchase Price 150 ,000 150,000 Installation Included Total Less Trade-In Total Net Cost Annual Operating Cost Total First Year Cost Is this expenditure necessary because of increased personnel? - Yes Recommendation for equipment displaced: Equipment in operations muster area to Auction Approximate date of purchase: 1/5/2001 List and describe similar equipment in department: Standard office work stations provided throughout the Administration Bu ilding Purchasing Agent's Comments : City Manager's Review: Approved : __ Not Approved : __ N :\. .. \1 1--05\capito l 2001 budget -. • I· 0 - • • • ...... MEMORANDUM TO : FROM: DATE : Mike Cassidy Betty Goosman March 30, 2001 • • -.. SUBJECT: Bi City Office Furniture/Furnishings Requests for Bid were sent to two vendors . Two bids were received. I am attaching a copy of the bids , any technical information provided and the tab sheet. This bid (total) exceeds $20,000 and will require Council approval. Please review the bids and provide this office with a written technical evaluation. The award will be made to the lowest technically acceptable bidder (the vendor who meets the technical specifications .) Please notify me when the evaluation has been completed and Council has approved , so we can proceed with this purchase . Should you have any questions please give me a call at ext. 2392 . ', ) I· 0 e l • -. City of Englewood Bid Tabulation Sheet Bid Opening Date: llarch 28, 200110:00 a.m. Bid Item: Bi City Office Furniture/furnishings Bi City Office • • -' Vendor Furniture/Furnishings Installation the Corporate Environment $71,719 .72 $10,150.00 2345 Academy Place #114 Colorado S'prlngs, CO 80909 Jordy Carter Incorporated $66,223.20 $10, •• 00 40 West Louisiana Avenue Denver, CO 80223 Page 1 .. 0 Total Exceptions : $82,569 .72 None Listed No drawings included $76 ,223.20 Exceptions listed as NIA Please note deposit of $22 ,860 .00 required . 0 B1 City Office Furnllure /Fuin,shings ; • I I • • • ....... .. •• • COUNCIL COMMUNICATION Date Agenda Item Subject: Mav ::!1 . 200 1 10 C iv Concrete Pro ram No. 2001 INITIATED BY: STAFF SOURCE: De artment of Pub lic Works Ken Ross. Directo r of Publi c Works COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council has established a City-wide goa l to meet ADA standards for all street improvements i n the public w ay. Ci ty Council passed the 200 1 Budget to appropriate fu ndin g for this annual program, which w as first implemented in 1996. RECOMMENDED ACTION Approve. by motion, awa rd of a construction con tra ct to Concrete Wo rk s of Colorado fo r Concrete Program No. 2001 in the amount of S 180,270.00. BACKGROUND, ANALYSIS , AND ALTERNATIVES IDENTIFIED The proposed program consis ts oi cons tru ction of up to 100 handicap ramps in the City of En glewood. Fo r the past se ve ral years , staff has worked towards de velopi ng a C ity-wide conc ret e program address ing existing sub-s tandard concrete and complying wi th the Americans wi th Disabilities Act in constructing handicap ramps . The cost of these improvements are borne by the City th rough monies budgeted in the Public Improve men t Fund (PIF ). Costs incl ude co ncrete co nstru ction , inci dental storm drainage construction, administra tion, engineering, surveying, testing, and miscella neous incidentals . Co ncrete Works oi Colo rad o has performed a number of projects fo r the City over the last seve ral ye ars . including the Broadwav Widening Proiect, and we kn ow th em to be a rep utabl e and conscie ntio us compan FINANCIAL IMPACT Concrete Pr ogram No. 2001 is scheduled fo r co nstruction during the spring of 200 1. Fund ing fo r the project in the amount of approximately $270,000.00 is available in th e PIF . In additi on to o ur advertisement in the Dail y Jo urnal , we notified a number of co ntractors that had previousl y performed work ior the City. Bids were opened on May 15 , 200 1. Plans and Specifications were o btain ed by l\v o co ntractors; onl y one bid was received as foll ows: Co ncrete Works of Colorado S 180,270.00 • ) I • 0 • • • I •,1 • -' Adequate funding is available in the Public Improvement Fund. Anticipated 2001 Concrete Program fund breakdown is as follows : Total funding available This Contract Additional work requests (ADA ramps ) $180,270 19,730 35,000 .. $270,000 Contingency Administrative/Engineering/Surveyin g/ material testing and necessary appurtenances and incidentals associated with Concrete Program 35.000 (13 % of total project) Total UST OF ATTACHMENTS Bid Tabulation Sheet Handicap Location Map S270,000 ... . , ) I • 0 - • • • • • -' Conrete Program 2001 BID PROPOSAL TABULATION May 15, 2001 Bidder/Plan Holder Base Bid Engineer's Estimate $195,775.00 New Design NOBID Concrete Works of Colorado $180.270.00 .. Bid Bond Remarks y Acknowledge Addendum # 1 - I· 0 21cc s. Zi'i:O S. I C i:y o f E.,~le w ood • • • • • - RAMP LOCA'CTONS HANDICAP PROPOSED . RAM '001 CONCRETE PROG - • A I • 0 • • • • • - COUNCIL COMMUNICATION Date Agenda Item May 21 , 2001 10 CV INITIATED BY Lib ra ry D epartmen t Subject Contract with Sla t er-Pa u ll & Associates . Inc. for H isto ri ca l Stru c ture Assessment of the Eng lewood San ta Fe Depot STAFF SOURCE Hank Lo ng COUNCIL GOAL AND PREVIOUS COUNCIL ACTION As part of its m ission to p reserve Englew ood's hist o ri c heritage , th e Citv Council in 1 98 pu rc has ed th e land o n which th e Englewo od San ta Fe D epot currently resides and assu m ed responsib ility for th e o utstand ing no te he ld b th e Englew ood Housing Authority. The Ci t-th en deeded the Depot building to the Engle woo d H ist o ri ca l Socie ty . In , member :!000, th e Ci t, in coope rati o n wi th th e Englewood Histo rical Soci et-• appl ie d fo r a S 10,000 gran t fr o m th e Colo rado H is to r ical Socie ty to co nduct a His to ri cal Str uctures Assessment of th e Englew ood Sa nt a Fe Depo t. Thi s gran t applica t io n was approved b , th e Colorado H is to rical So c 1etv 1n December :woo and accepted bv City Co un ci l in Januarv ::>001. The co mpan o t Sla ter-Paull , Ass oci ates , Inc . was subs eq u ent! selected to conduct this Historical Stru ctures Assessment. RECOMMENDED ACTION The Libra ry Departm ent re commends Citv Co un cil ap p roval by Motion the award of a co ntract to Slater-Paull & Ass ocia tes to co ndu ct a hist o ri cal stru cture assessme nt of the Englewood Santa Fe D ep ot. BACKGROUND, ANAI.YSIS, AND ALTERNATIVES IDENTIFIED • In 199 4, th e Englewood Santa Fe Depo t was relocat ed fr om its o rigin al p o siti o n at Sa nta Fe and Hampden to its presen t location at West Dartm o uth and So uth Galapago. Th e Englewood H ist ori cal Society secu red a loan through th e Eng le\\ ood H o using Authori ty fo r the la nd on which the D ep o t now res ts, and th e building was added to th e tar e Regis t er of Historical Properties that same year. • In 1 95, a gran t fo r S 100,000 was awarded to the Englewood Histo ri cal Society b y th e Colorado Histo ri ca l Society t o rest or e the rooi and e t erio r o f th e Depo t building. At th at time , th e Co lo rado Historical Soci ety did not require a H i toncal Stru ctures Assessment fo r gran t pro perties . • In 1998, the City purc hased the land o n wh ic h the Englewo o d Santa Fe Depot c urrently reside s and ass umed responsibility for the o utstand ing note held b y th e Englewood Housing Authority. Th e City then deeded th e Depo t building to the Englew ood Historical Society who planned to convert the D epot in terior to a local h istory museum . • In lat e 1999, th e Ci ty appropriated $250,000 to assist the Englewood H is torical Society in co mpleting wo rk on the D ep o t. However, o ne of th e City's requirem en ts w as for the Englewood H is to rical Society to co mplete a feasibili ty study/management plan for funding and ope rat ion of th e Depo t/Museum. • • I • 0 • • -• • ,~. .. .. • -' • In April 2000, the City contracted with Denver City Restorations to assist the Englewood Historical Society in development of this plan for the Depot/Museum. As a result of that process, the Society concluded that the Depot is too small to serve as a local history museum. However, the building may be used as a facility for interpreting Englewood history with the Englewood Historical Society maintaining a presence through rotating exhibits and displays . • In November 2000, the City in cooperation with the Englewood Historical Society received a $10,000 grant from the Colorado Historical Society to conduct a Historical Structures Assessment of the architectural and structural elements of the Englewood Santa Fe Depot. This process is now required by the Colorado Historical Society prior to furthe r completion of exterior restoration and interior rehabilitation . FINANCIAL IMPACT The total cost of th is project is S 16,000 of which $12,000 is for the HSA study to be conducted by Slater-Paull & Associates, Inc. An additional $4,000 is required for the Hazardous Materials Survey which must be conducted as part of the Historical Structures Assessment. In addition to the $10,000 in Colorado Historical Society grant funds , the Englewood Historical Society is providing $3,000 in matching funds with another 53 ,000 in matching funds from the $250,000 approved by City Council in 1999. Major Environmental Services is recommended b y Public Works to perform the Hazardous Materials Survey under a separate professional services contract. LIST OF ATTACHMENTS Contract ' .. . ' ) I • 0 • • • - • . .. ,. • - PROFESSIONAL SERVICES CONTRACT FOR HISTORIC STRUCTURE ASSESSMENT OF THE ENGLEWOOD SANTA FE DEPOT, 607 WEST DARTMOUTH , ENGLEWOOD , COLORADO This Agreement is made and entered into thi s __ da y of , 2001 betw een th e CITY OF ENGLEWOOD , Colorado, a home rul e munic ipa lity, here inafter City and SLATER-PAULL & ASSOC IATES , INC . of 1515 Arapahoe Street, Suite 400 , Denver, Co lorado 80202 . hereafter Architect. The City proposes an hi storic structur e assess me nt of th e Engl e wood Sa nt a Fe Depot loca ted at 607 W est Dartmou th Avenue . Eng lewo od . Co lorado , hereafte r Depot . The City requ ires certa in profess iona l arc hitectura l se rvic es in co nn ect ion with th is proi ect as desc ri bed 1n the attached Colorado H istor ica l Soc iety Grant App li ca ti on for Historica l Fund Project :;200 1-HA-0 30 as shown in Ex hi bit "A". The Arch itect is ab le and des ires to perform such profess ional se rv ices as may be req uired by th e City upon th e terms and cond iti ons se t forth in th e ir att ac ned Le tt er of Proposa l of Ap ril 19 , 2001 as shown 1n Exhibi t "B" and 1n accordance with th e attached Sc op e of W ork as approved by th e Colorado Historical Society as shown in Exh ib it ·c·. In cons ideration of th e matters described above. and of th e mutual bene fit s and ob li gat ion s se t forth in this Agreemen t. the part ies agree as fo ll ows : SER VI CES PROVID ED TO C ITY B Y A RC HITECT Se rv ices to be provided by Arch it ec t inc lude the scope of work and fee sc he du le as describ ed 1n Exh ib it "B" and Exhibit "C". DU TI ES A ND OBLIGAT IONS OF ARCHITECT The Arc hitec t sha ll have th e foll ow in g ob li ga ti ons . d uti es and powers w ith respect o thi s Agreement. 1. The Arch it ect shall complete th e work as descri bed above 1n th e Se rvi ces Provid ed to City by Architec t w ith in professional archit ectural standard s . 2 . The Arc hitect shall pro vi de Cond ition Assessme nt anc Preservati on Plan necessa ry to acc ura tely desc ribe the exi sting cond itions of th e Depot . progra mming plan fo r rehab ilitat ion . and construc:ion cost est im ates . DUT IES AND OBLIGATIONS OF n-,E CITY OF ENGLEWOOD Th e City sha ll pa y th e Arc hitec t. for wor k pe rformed for th e agreed upon Scope of W or k se rvi ces as li sted in Exh1 b1t ·c· for a tot al payment not to e xc eed twe lve thou sa nd doll ars (S 2,00 0 ). The City shall m ake pa yment at 30 %, 70 % and 100% completi on of h is proi ec t. based up on rece ipt of completed invoices by Arch itect , and with in thirty (30 ) days of receipt and approva l by C rty of sa id 1nvo1ce s . MISCELLANOU S The term of th is Agreement shall commence on--------· 200 1, and term inate at the project's end , no later than December 3 1, 200 1. • 0 I • 0 J~ • • • ,. ~··' .. • -.. Either party to th is Agreement may term inate the Agreement by givi ng :::e o th er :ar.y ih1rty (30 ) worki ng da ys noti ce in writing with or w ithout good cause shown. Upon de li ver! of s uch -:::ice . all se rvi ces in connect ion with performance of this Ag reement shall cease . Payme nt s ;iall be r.:ace for se rv ices completed prior to the rece ipt of the not ice . Th is Agreement is intended as the comp lete integrat ion of all understar.c ings be~ ... een th e parti es . No prior or contemporaneous add ition . de let ion . or other amend m ent here ,: sha ll ha ·. e any forc e or effect whatsoever, unless embodied here in by writ ing . No subsequen t novat:c n . re ne'.'1 2. .. add ition. de let ion , or other amendment hereto sha ll have an y force or effect unless e mbod 1ec ·n a wr:::e, supp lementa l contrac t wh ich has been properly executed . It is exp ressly unders tood and agreed that enforcement of th e term s ar c con ditic:-s of th is Agreem ent and all r ig ht of acti on relat ing to such enforcement, sha ll be stri c tl y rese:-.,ed to th e ::ty and Slater-Pa u ll & Assoc iates , Inc .. and noth ing conta ined in th is Agreeme nt sha ll giv e o r a .l ow any s_cn cl aim or right of action b y any other or th ird person of such agreement . The parties shall not ass ign or transfer its interest in thi s Ag reem ent w 1ir out the ·...--::en consent of the other pa rty . A ny una uthor ized ass ignme nt or trans fer sha ll re nder tn1 s ,:.;reemer:. -ull. void, and of no eff ect. Any notice to be given he reund er shall be deemed giv en wn en receive c :,_ re g1s :e-ed or cern fi ed mail o the add resses be low : Han k Long City of Eng lewood Eng lewood Ci vic Center 1000 Eng lewood Parkwa y Eng lewood , Colorado 80 11 0 Ge rh a~: J . Pet :. Slai er -=aul l & ,:..sE:ic :are s. Inc . One Fa~k Ce n:~c. .. Suit e ~00 1 515 ,:._-apa hoe :: :ree t Den ve-. Co lorac: 30202 In case of any con fli ct between vari ous provis ions of th is Agreement , the :erm s cf :-e Ag reement shall preva il in the fo ll owing prior ity, th is Contract for Profess iona l Servi ces . :r ,m th e P•r::..-:necf s Lett er of Proposa l as snown in Exh ib it ·'B ". and then the Colorado Historica l Soc :e:y G rant . .:.::ili ca t:on for Histo ri ca l Fund Proieci #200 1-HA-030 as shown in Exh 1b1t "A" To the exten t that this Agreement ma y be executed and performance of ::ie ob li£c.::,ns of th e part ies m ay be accompl ished with in the intent of the Agreement. the terms of this A£~eement a~e se verab le. and should any term or provision hereof be declared inval id or become inope•ative for a.,y reaso n. suc h invalidity or fa ilure shall no t affect th e valid ity of any other term or prov is ·c n hereo f . Th e wa iver of any breach of a term hereof sha ll not be constr ued as a wa iv er of any other :emi , or U-e sa m e term upon subseq uent breach. In WITNESS W HEREOF , th e part ies hereto have execu ted this Agree m ent the ca :., and year fi rst above writte n . C ITY OF ENGLEW OOD By:----------- Thomas J . Burn s . Ma yor City of Eng lewood SLAEc<-PAU LL i ASS OCIATES . INC . By : ------::----:::-----:--- Ge~ard J . i=e ::i. Pri ncipal Sla:er-Pau ll & Ass ociates , In c. • \ . .. 1 I • 0 • I •c-• • . ' • ., EXHIBIT "A" Colorado Historical Society Grant Application for Historical Fund Project #2001-HA-030 ) • I· 0 • • • December 14 , 2000 Hank long Direcror l1br.1ry Sen-.ces Ciry of Eng le" ood 1000 Engle"ood PJrkwJ ) En glewood. CO SO 110 DeJr :Vlr. long · I •,, • • - COIDRADO HISTORICAL SOCIETY ... . Co, gr,rulanons' Your app hcJ11on for J S I 0.000 gr,r.r rom rh e Srate HIS!onc,1 Fund to fund J H 1stonc Sm,crure Assessment of the E ngl ewood SantJFe Depot has been ,ppro,·ed. I h J,·e enclosed our most recem Stare H isrono l Fund Granrs PJcker. 1nclud111g J ?Urchase ordec wnh ms rru Hons . T he packet alsu mcl ude s a business CJrd for rhe Tec!u11ol Advisor JSS 1gned to )O r ?rDJeC! You should d iscuss rhe proJ ec t wnh you r as signed Techrn c a l .A.dnsor before beguuimg \\Olk . P le,se reme mber rhJ! we "Ill need a drJft co p y of rhe Asses sment before ll 1s tina h zed. and a iinJI drat: whe:1 the proJecr ,s completed . We "ti! Jlso nee d 3 0 dJys ro re , IC '-' eJ ch do.:umenr . ,nd you sh ould 111c!ude his re n~" pe nod u1 yoU1 proJe t ·3k11da 1. If ~uu mre nd rouse 1h1s . .\,sessme m as rhe bJs ,s fo, Jnorhcr S H F grJ nl app hc auon. pleJse rememb~r thJr the Fmal Draft should be approved b y SHF Staff b e fo re thJt ap p li.:Jt1on 1s subnutted . Fm lly. rh,s grJnl ;,resumes rh a t rhc Assessmem wi ll be pe rfo,med b). 01 ""rh th e ass1stan e oi. Jn Jrchnect or ~:i gmeer l\llh e~pe11ence 111 he 1esror,t1on of h 1sronc buildmgs. GenerJI conrrJcr ors Jnd ;,reserv:rnon co n ulrJnts wnhout these creden11a ls do nor quJhfy for re e 1p 1 o frhe se fu nds . AgJ111. congrJ rul auons. and l\e loo k fon,JnJ ro workmg wllh you. Sincere ! •. ~~~, MJ 1 k \\'olfe D11.,1 or. Stare Histonol Fun A\V:irdmtmo State H istoncJI Fund • 225 East 16th A venue . Suire 26 0 • Denver. Colorado 80203 • (303 ) 866-2825 ~ • I • 0 • • - ...... C T y 0 F E GLE WOO D Nov ember 20, 2000 S l a te Historical Fund Colorado H,s toric al Soci et y 225 Eas t 16 '0 Avenue. Su,ce 260 Denver, CO 80203 To Whom It M ay Concern • • -.. '' E G L E vV 0 0 P U BL I C L 8 R A R Y On behalf of th e C ,ty of E nglewood ant c e E:-:g 'ewood '-i 1sronca l Soc,e ry, I am SLD ,rr : g a grar1 proposa l lo request S 10.000 1n SrF funds towards r e H1sronca l Struc r res ;>.ssess;;en of :re E nglewood San ta Fe D ep or. The tor al .osr of· ,s pro1ecr 1s pro1ecrea to be 516,000 of" 1cn S 2 000 s for th e HS A s tudy to b e conducted by S la:er. Pa ul & .O.ssoc,a tes . Inc. w ith an acd 111onal S.1 .000 'or rhe requ ired Hazardous Mate ri a ls Surv e y tn adc:.:,cn to 1he S10 .000 ,n SI-F funos. rhe c rig/ewcoc: rl1sror ,ca1 Soc ie ty will provi de S3 ,000 in matcn1ng 'ur:c:s 'N H anorher S3 , 00 ,n marcn,ng 'unds fr om the Crl o E nglewood to co ver th e S16.000 In 1995 , !h e Colorado Hrs oncal Soc :er y aporo ed Pro1ec1 =95 -02-001 in me amou nt of S 00 . 00 'or :, e E n g lewood H isconca l Societ y o handle he re r:oq; 10n ana r estora11on of rhe De :::or's exc e r ,cr A :ha: time, th e CHS d id nor rec;u ire a H rsrorica l Struc :..ires Assessmen of rhe Decor. Subsequen ly, ONe • e r , a c h a nge in rul es did require a HSA for all uture r e(;ues ts In fact , a seco a E HS prooosa l, 959 ·or Cf--S funds to r e n o v a te th e Depot's 1n1er :or was der:1 e d , ;:,a ru a lly due o !h e aosence of a HSA s uoy A His ro nca l Struc!u r es As ses sme nt of !h e E nglewood Santa Fe Depot study will all ow th e E n glewood H is onca / Socie ty a nd th e C ity of E.,glewood :o b est determin e th e ev entua l r euse of thi s historic budd ing for E n gl e wood a nd !h e s urrounding communny. Th an you for con sidering our request P lease ca J/ me if you nave q es t1 ons or 1f I can prov1ce acd 1t1ona l informa tion . Cc : E nglewood c ·ty Counc:I E n g le wooo C ity M a n ager En g lewood His torica l Socie ty 1000 Eng lewood Par kway Englewood, Colorado 80110 Phone 303-762 ·2 572 \V\VW.Cl.~nslewoo d.co US • Ov. FAX 303-783-6890 D I • l •' • - • • • City of Englewood Englewood Depot HSA SUMMARY OF APPLICAN T ORGANIZATIO N ... ORG.A.J'lJV. T O, I A,\,!E : __ c=-'"-.tv'--"'of'-'E=n.,_,1!,.cle""'•.""vo=o=d,_ ______________________ _ ADDRESS . I 000 En11 !e•.vood Par bvav. En11le·.vood . Colorado 801 10 EMPLOYER ID=: --"-~0~0~0"~-8~3-------------------------- CONT ACT PER.SO N. Hank Loni!. Direcror of Lib rarv Servic es OFFICE P!-lONE . 303-i62-2553 F.-1. .... "'(. 303-i83-6890 E-MAJL. hlon211i·e:,2 !ewood .l ib co \-S PROJECT TYPE . Survev & Plann in 2 NAME OF PROPERTY/PROJECT: -'E=n.,_,2=ie~'~vo~o~d'"'S=a~n=r:i~Fe~D..:.e=po=r~----------------- p ROJECT LOC AT ON . _....,6=0"-'7_\'""V-"e=sr'-"D=a~rt~m=o=u=r h"-"-.-1.'-'v""e"'nu=e"-. _,,E"'n""2a;!e'-'-w~o"'o-=d~. C=ol"'o.,_,ra,_,d=o~~=0"'-1..,_l O,,_ _________ _ BRIEF DESCRJPT!ON OF RE Q UEST : The purpose of this proJect is to conduct J H1STOR1C STRUCTL1U:S .-1.SSESSi',,[E;s/T ofrhe Eng lewood Sama Fe Depot . The goal ofrlus proJecr 1s ro analyze rhe archnecrural and srrucrura l eleme:,rs ofrhe building ro plan for irs ul t1mare use . T he project property rece ived a SHF grant in 1996-97 for e,tenor resroranon work bur an HSA was nor conduc:ed ar rhar time and is necessarJ for comple:1on of e.ierior restoranon and intenor rehaodiranon. AMO UNT OF RE QUEST : Ye:ir One Ye:ir Two Year Three Year Four Tora ! Gran r Request : 5 10 .000 50 s o _s o __ S 10.000 Cash Match (i f any ) S 6.000 " _so ___ s o _so __ S 6.000 Tora!: ~ 16.ooo ·· i o 50 _so __ 5 16.000 "53,000 provided by Eng lewood Historical Sociery and S3 ,000 pro vided by Cit)· of Englewood ••5 12 ,000 for HAS by Slare~. Pau l, & Assoc 1ares, inc. plus 5-+,000 for Hazardous Marerials Surve y hom as J . Bums . Mave r. Citv ofEn2lewood ZED RE?RESE NT A TIVE Cindv Scan. President . Eng lewood Historica l S0c1etv SIGNATURE OF LEGAL OW"NE?- -1 - • DATE i J.;,.; /, -,o DATE / ) I • C, • • • ·,, I. Appl icant lnformarion • • - C ity of En glewoo d Englew ood Dep o t HSA N . .\RR-\ TIVE . a. Mission s:are::.enr, bnef statement of org~nin ion's goa ls, and/or ob3ec:ives. ... The City oi :::iglewood is a sma ll (6.i sc;uare miles) andlocked munic;;,Jiiry oflpp.cx:mace!~ 3:.ooo re si der.r,. J sizable po:-:ion of whom are workrng-cbss rmddle-income famil ies occ~py1:ig abour !::0 ,000 householcs. Ple J se nore: r!:e C iry of Eng lewood does ~or encompass some ofrhe more we li-kn own Jreas w11r~n 1t s ma iling address , e .g . :he Denver Tech Ce:11er, Cherr; P.1 Is Vililge , Greenwood Vii!ag e, ere . b. Brief sumr:ia;-:: of organiza11on 's lusrory As pan of i 1; mission o prese:-":e Eng le\.\ cod's '"'..i s one he;;r:1ge . he Cay m I 99 pu:::-::sed :he l:li:d on -.Yh; h :he Eng lewood Sar:::i Fe Depor no" reside s for s:.6.000 r..J assumed respon sib di 1y fo r :z:e o rs1J nc ,n g nore held!,~ rhe Eng !ewccd :-iousing .-\urhor.t;. The Cry :he, eeced th e Depot bu !ld1 ng ro rhe E:".g :e·.vo od His:onc:i ! Soc:er: The EHS or'~:-:a lly rescued rhe De;,or from :hre:re~ed de :n ohrio n in J 90'1 , mov ed ,r :o :rs present s 11e. rnd ,ece:ved Scace Regis:e: ,f i-!isronc ?laces IIS!<n : ·h ac same :e:: -\:so in 199 5. che E:-lS rec e l\ e:: a S i 00.000 S i-IF gn:n :·o r exterior dose :-~ of the building ! c!cdrng cor.s t"'..:cao:i ,;o c:.;rr.e:us. ound:,.uo:i war erp:-ocfing, roof:-epbcemer.c ,:ind gune:s anc: c:ow.:spouts. T he !:HS has pbnnea 10 ;:on,e:-1 :ne De;,or mcenor ro a loc:i l r..:s :or; mu seum. The C:ry of Eng lewood Ji=;:ropnaced Sc5 0,000 in 1990 o assi,t :he E:-!S ,n chis effort. However, or.e of:he City·s re c,uirem e ms was for the ='.:":5 ro comple te o. str:ne:1c ;,Ian for o~e :-ac 1on o frhe Depoc/7v[useum . The C.ry con wc:ed wtrh V1 rg iru J Scee le and De::ve: CH) Re srorJC ions 10 :ac:l1t:i1e his ;,Ian nd fe:is,bi h ty study for che :::>e;,ou-;\luse um. T he consu hanrs J:".C :!le EHS ha ve concluded cha: the De;,ot :s too sm:ill 10 ser:e as a muse~::, :ind 1hJ1 c~e requirements of professior.:i i ::1us~um StJnd::irC:s Jre mc ompaub le i.v1t h :n:11nr:11nmg rhe im~:1 or hisror.::11 inregnry of rhe srru c:-u re c. Descriptions -Jf :ur:em prog:-:ims. ac:,vm es, and ac:omp lis hm ent s . The Cicy is cor::mined 10 ch e e-. en r.ial resro r:ic :on and rehabdi1a1 on of the Eng lewood s~n11 Fe De;,01 as a public facility . Cond~c: :i:i l-i istoric Srructures As sessment oiche Eng le-.,ood Sanra Fe Depot in :oG: per chis g::ir.1 :ipp li cat:on Com;,ie:e :::-!S S1,ateg,c Plan ,ind DepouNluseum Fe s1b1hry Study -Decembe:, 2CCO Cle:in u p Ce;,01 intenor -October, 2000. Design:it::i loc:il Hiscoric L:indmark -August. 1000 C icy appropiared S250,000 fo r Depotr.v!useum project -October 19 99 C icy co rr.,:ie:ed exterior land sc:iping , grading, spnnk.Jers, sod. spl ic-rad fence , dra inag~ wa ll and se -.,er hooku p - 11,1:i y, 1999 C icy deeced De;,m 10 Eng lewood Historic:il Society -ovember, 1998 • C icy appro~::aced S286,0 00 10 purch:ise Depoe sir e -November, 199 • Comp le:ed State Historic Fund grant ;:95-0 2-00 I • Depoe list ed on S1:i1e Register of His ronc Places -. ovember, 1994 Dep o e mo,·e:: :o its present loc anon -Sepcember, 199.i EHS ,run~:es :'undraising efforts to save che Depoe -19. 3,9.i (curtenr balance :ippro~:mace ly 520 ,000) Purp os e o f GrJnL T~s sec11on should include :he following · a. De sc:ipuon or:l:e :mporrance ofche property or proJec:. The !:r.g!ewocc 5antJ Fe De~or is lus1onc:i lly sigruiic:int 'or its assoc1anon "\vnh the deve:c;:ment and operation of maJor ra ii roac ::-:i::s;:ortJUon rouces along the fronr range berween 1870 and 1955. !n Ocrn::er 1909, rhe Englewood Ciry Council ~e:::::ined che Atchison, Tope ka & Santl i=e Railroad for a depot within irs ::o undanes. On February 8 , 1910, th e Cry rec::ve d a commitmenr from the AT&SF ro locate a depor in Englewood ro serve it and surtounding cines. Howe•:e~. :t :ook unrtl 1915 ro construct rhe building J US! sourh of Humped Ave nue Jnd immediately 10 rhe west ofche S:intJ :=e tracks. It was originally ca lled the Sama Fe Depot. and nor rh e Englewood Depot, as rhe Sama -2 - • I • 0 J • • l • .. • - City of Englewood Englewood Depot H S..\ Fe Railroad alreJd y had a depot by that nam e in Kansas . Throug~ cormnon usage. howe ver, the building becJm e known as the Eng lewood Santa Fe Depot. Construc tion ofrhis or.e-;tor1, 22' x 5' bu ding was in the "County Seat" style with srucco on ,.,ood fram e consrruc·ion common 10 :i:e architecrure of:--lew :'vle.,1co. It is the only sur1ivin g e:'\amp!e oftlus "mission sryl e" depot in e:'\istence in Colorado . The Santa Fe Depot was m ac :iv e ser,ice fo r -+0 yeJrs . It was pa mcularly busy w11h military traffic during Joth Worid Wars, as tt was he stop closes t to nearby Fort Logan. B ut passenger service declined in Colorado :is e!sewhe:e in rh e counrry, and the stJrion ·.vas finally abandoned m I 955. b. De scription of the goals and object1,es for rhe purpose ofrhe grJ:::. Goal: Comple te the exterior res toration and inr erior rehabiliranon of th e Eng lewood SamJ Fe Depot. Object ive One : Comple:e a H1sro nc S trucrure . .\ssessme:it of:he Eng lewood Santn Fe Depot Obje:tive Two · Evalu ate th e existing physic al conditions and ha :ardous mJtenais o f :he srrucru re :o detemur.e a prog:.im pbn for its use Obj~cti ve Three : The C:ry of E:igl~wood and th e Eng !ewooc ,'-:moncJI Soc iety dete:mme a work ;i l:in :-o, resto ra rron and reh ab rlit arron ObJec11ve Four: Estab hs h reasonab le and ac:urare cos t est ima es for fu;ure work c. Public benefit of the work proposed . The Englewood Santa Fe Depot SIIS on a highJ y v1sil:I ~ promontory at the intersect ion of Dnnm outh Jnc: G,:a ;ngo It overlooks the RTD Southwes, Conidor line Jnd the hmonc Sama Fe ra il conidor in its ius1onc re la11onsr.tp :o rhe ra ilroad tr J cks JS prescnbed by he Color,do HisroricJ I Society as a conc i1ion of it s listrng on he S1Jte Re;;,s te~ M:JJO r ane nal Jc cess to th e ne·.v Eng le-.vood CityCenter's :r:msir ori e:ited developm ent passes 1m med 1Jte ly tn fr or.t of the Dep o t Jnd :s adJaceni to :.e Dartmourh underpass to Sa ntJ Fe 3 oul evard . The Depot is a well-recogruzed Jnd much-loved symbol of Eng lewood's role as an agricu lrura l comm un,ry and supp ly center for Fon Logan Jnd wamme ,ndusma l procuc:,on . Ra rl :oad lustorians ha ve Jong re co gru:ed tl':e impo rt ance oftlus De;,ot as a surv1vmg remnant ofra,l"s nanon,I ec or:om ,c Jnd social 1mportJnce . Preservation of this stru crure wi il benefit :h e ;,ubl ic ls a meJns of ime :;,rem1o n ofr,il history rn ColorJd o d. T imetab le for implementation . (NOT E. followrng dares are approx1 r.cJ11ons , based on grant award JanuJr:1 , 200 I) • Februa ry 16 No111ic,non of Award of Grant by CHS • March 5 f in al conrncr wuh CHS Apri l 16 Re lea se RF? for ardmec t/engrn eenng servic es • Ma y 14 Award ofa,e co nrract • Ma y 25 Consultat ion wnh OAH P, City of Eng lewood. EHS , and architect September 3 Draft HSA to OAHP • November 2 f inal Repon to OAHP e. Other organiza tions, ii any, pamc:pJting in the proj ect. As e,id ence of therr support, the E:iglewood Historical Soc iety is committ in g S:i,000 to rhis projec t. f. Long tenn sources/strat egies fo r fund ing at end of grant period . As landowner, th e City is currently exami ning it s options for evenrual usa ge of the property and long tenn funding sources . Avai labl e sources include : • 5230.0 00 in City appropriated funds for this proj ect • 5 17,000 in capital funds from EHS • ot her sources to be detemuned pending cost estimates from HAS -3 - • • t I • 0 • • • t~r-· • -... ' City of Englewood Englewood Depot HSA 3. Evaluation a. E:tpected results during the funding period. • Me:isured drawings • E,c isring conditions • Program recommendations for cost estimates .. ' These HSA will enab le th e City of Eng lewood and the Eng lewood HistoricJ! Soc :ety to ma ke :i iin :il dec ision on the use and the restoration and rehab i!itatJon of rhe Englewood Sama Fe Depot. b. Define and measure success . The HSA ena bl es the City and EHS to dev elop a concrete long-range plan for :he exterior resror.1rion and inrenor rehab ili tat io n of th e Depot as a hisroricJlly :ind architecrurall y significant pub lic faciliry . T he ;,Ian c::in then be used as a fund ra isi ng too l. c. How will resu lts be used or shared? The HSA will be used by the Ciry of Eng lewood. the Eng lewood Hisroric::i l Scc:e ry, and the OAP..P as a rec ord of the ex isting condit ions of the strucrure . Thi s infonnat ion will be shared with ai ! ?Otenriai funce:-s ar.d such other pub lic enrines (e.g. RTD , COOT) m r:r.insportat ion corridor planning :ind inter;i r::ation . -4 - .. ' ' • 0 I • 0 - • • City of Englewood Englewood Depot Historic Structure Assessment Project# • • - ATTACHMENT I Scope of Work .. ' • The follo,~ing shall be performed oy a q.:z ii ri ed historic preservation architectural and engineering contractor in order to understand the e,cistmg bui lding and its sys.ems. Each recommendation will be made within the context of the Secrerary of the Interior 's Standards for Rehab di ta1111g i-iisroric Bu ildings . At th e end o f these dis covery phases, contractor will provide the C ity of Englewood with documentatio;i which identifi es all of the char:ic ter-defining historic features . progTam recommendat ions and limitati ons. cleJriy cei ineJting restoration and re ha blii tation costs and recommendations for future work . The project will be completed in the following steps : A. Work items to be completed by applic~nr I . RFP for Pre servat ion Architecr/E ::gineering services 2 . Contract with Preservation Archire:: for Historic Structure Assessment J . Consult with OAHP B. Work ite ms to be comp leted by archite::: I. Comp ilation of hmory of building, including prior usage, des ign, and consrrnc:1on 2 . An arctutectur.i l description of th e ':uilding 3. A comp lete build ing cond ition assessment and evaluation 4 . Preservat ion plan & recommen da t:ons 5. Long-range progrJm and construc:ion master plan 6 . Construction cost est imates C. Work items to be completed in the follo·.v ing sequence : I. lnrroducuon a . Research Background/Participants b. Bu1 Id in11 Locat ion/Site Plan or Vicinity Map 2 . Complete re~earch of building 's his:orJ and use a . Archirecrural S ignifica nce a nd C onstruction H istory b. Pro posed Program c. Existing Sketch Plan 3 . Architectural description 4. Condiuon Assessment -per OAHF ~istoric Srrucrure Assessment Outline Handout -Part Ill. 5. Building Preserva tion M aster Plan & :l.e commcndations -Handout Parr IV . 6 . Photos, lllusrrat io ns , Floor Plan 7 . Construction cost est imates 8. Final report ... I • 0 3 - • • If,• City of Englewood Englewood Depot Historic Structure Assessment Project# TASK Historic Structure Assessment Architectural Engineeri ng Services TOTALS Page J_ of J_ pages • ... • • I • A ITACHN!ENT 2 Line Item Budget GR.ANT CASH REQUEST MATCH TOTAL S 10 .000 $6.000 S16 .000 510,000 S6 ,0 00 516,000 ) I • 0 • 2 • • • C,r: r ( E n ~-c \\11,,:j En~lc:,,ovn Dcp11i Hi-.r rt\." '-cr;;c-ur t .\-, .. 0 ~. en Pc vJec : = ~ •. ' J' ''.:.:-, .. ~ ~:::,, •• -~ ·;-:=;. ~. - 0 0 - ---~ II • ]- • • l • ~·. City of Englewood Englewood Depot Historic Structure Assessment Project# • .. " • - I • 0 • • • City of Englewood .... . . Englewood Depot Historic Structure Assessment Project# • .. ' -.. A TIACHl\,!ENT 4 Names & Qualifications of Key Staff City of Englewood Hank Lon2 . Director of Librarv Services Undergraduate Degree in History with Master's Degree m Library Sc ience Assistant Director of Eng lewood Pub lic Libra ry I 984-1990; Direc to r si nce I 990 Wrote successful 5 I 00 ,000 CHS gram for exterior restom ion of Eng lewood Santa Fe Depot Mike Flahertv . Assistant Citv Manager Master 's Degree in Public Adminisrration . .. Served as Urban De velopment Project Coord inator for lo "a City, Iowa managi ng federall y funde d gran t program s Formerl y emplo yed wi th City and County of Den ver as Seruor Man agement An alys t and Deput y Manager for Parks and Recreat ion Departmem Assistant Englewood Cit y Manager since 1999 Architect Eneineer • Slater, Pau l & Asso ci ate s, Inc. were selec ted usin g th e cnr er:a estab li shed by th e Nat io na l Plrk Service and based on the ir pre vio us e.,perience wirh similar proj ec rs • . ' I • 0 I - • • i ti._, .. . . City of Englewood En gle"ood Depot Histor ic Structure Assessment P roject# • •• - A TTACH:V!ENT 5 Verific :nion of Local De signation • .. • I 0 I • 0 - • • City of Englewood Englewood Depot Historic Structure Assessment Project# • • - ATTACHME NT 7 Letters of Support .. .. ... ) I • 0 • X •• • • '• . .. • - Engle:mood Jlistorical Socidy PO Box 12 Engle"·ood. CO S0!51 Cindy Scan, President Englewood Historical Society Clo Englewood Public Library 11 Englewood Parbvay Englewood CO SO! JO Georgianna Contiguglia, President Colorado Historical Society 1300 Broadway Denver CO 80103 Dear Ms Comiguglia: .. Novembe r 19, 2000 Th is letter is sem in support of the City of Eng !e·.v ood 's app ii c:m on to th e St re Hisiorical Fund for a mini-gram in the amount of$ I 0,000 to fund a fi istoric Structure A.ss e ssm e m o f the Eng lewood Sama Fe Depot. As the legal owner of the build ing. the Eng lewooc Hi srnrical So c iet y st ro ng ly supports this grant request and has voted to commit up to $3.000 of S oci et y funds ro co mp lete the project. The Society became invol ved in the ertort to save the building, the o n ly o ne of rs type in Colorado , in 1993 when it was thre:uened b y demolition because of its location in the pat h of the S o uth Sama Fe Boulevard realignment and the Southwest ligilt rail line The S ociety stepped in and saved the structure and relocated it to its present locatio n at Dartmouth and Galapago o n a parcel of land now owned by the Cit y of Englewood It was subsequently listed o n the State Reg is ter We have ra is e d community funds for its partial restorat io n and rehabi li :arion and w ere successful in ob ta in ing a SHF grant for exterior work in the past . However. no comprehens ive Historic Structure Assessment has e ver been conducted to adequatel y assess the building 's existing conditions, hazardous materials cond it io ns , programmatic uses or reliable cost estimates for future rehabilitation The time is ripe to rect ify this situatio n now because we ha ve the combined financial resources of the Society and the city to match o ur request to you and a strong desire on the part of Englewood citizens ro see this v e ry prom inent landmark become a funct io ning resource in our community once again . We hope your agenc y will look favorably on this request and look forward to working with the ColorJdo Historica l Society to preserve our shared heritage. • S incerely, Cindy Scott, President Engle\vood Historical Society ' ) I • 0 l e r • City of Englewood Englewood Depot Historic Structure Assessment Project # • •• - ATT ACH MENT 8 Copies of Bids for Work Descri bed , . .. ) I • 0 3 • ,NC!PALS Bruce A. Lott J•mes C. Ped/er Gerhud J. Petri Cl •yton C. Cole RJchud L. Ricker Adele j . Willson Edw1rd A. Sernud SENIOR ASSOC JA TE Bri1n j . Fagerstrom ASSOCIATE WU/lam 8. C/lfford SENIOR ARCHITECT Jam es F. P1u/l • • • ... SLATER P r ese rvar i on nrer i o r Des i g n Denver Atlan~a Arch i recture PA U L L &... A 5 S O C I AT E S , INC. Virg inia R . Steele , Pres idenr Den ver Cic y Rescorar ions 1223 7 Ease LaSalle Pl ace Aurora. C olorado 80 0 l~-:292 ! RE · Eng !e'.Vo od Dep oe H iscoric Struccure Ass essment Archiceccural Cons ul rm"' Fee Proposal De :ir Virgi nia : Occob e r :25 . 2000 We :i re ple:ised yo u hav e considered Sl:uer-PJull & .--\ssoc::ues fo r rhe Jrc ~ir ec:ural consu lur."' servic es necessary co complec e :i H isconc Structu re Asse ssn.enr fo r che old E:ig le,.vood De ;:ior. The prima ry pur pos e of a Hiswnc Scru crure Assessmem 1s co id ent ify urre:ir and foresee:ib le re pair. reh:i bi lic ar ion . 111a1nr enan e and func11on;il 1mp ro\'e :11enr needs of J hiscoric bui !din= and co o rg:in ize the repa ir and rehabil irar 1on str ate gi es and their ass oc:a ced cos c es cimaces int o a pr io ri11zed , ongoing and susca111able plan fo r th e conr111u ed pre servation :ind uciliz :iu on of rhe hiscoric srrucrure le should be or=Jnczed follow1ng ch e SHF's rec orru:-.e:ided o uc !i ne and inc lude following compone :m . Pan I. Pan II. Parr Ill . Parr IV . Inc roduc:1011 . Histo ry and se . Sc rucru re Condition Assessment . Pre serva tio n P!Jn . Photos and ll lusr r:uion s . Appendices. including a synop s is of access1b ili 1y compliar:ce. build ing code compliance , zoning code co mpliance, rele ·,anr exhibHs and J biblio graphy . Condition Assess ment : The purpos e of che condition assessment 1s ro e·:alu:ir e all majo r compo nenc s of rhe building and id entify ex isung and porent 1a! probl e ms nee::ng mai ntenance :in d repair Each probl em is priori tized by deg ree of se·. e r ,ry and which problems need ro be repai re d firsr in an on-g oi ng , long range preser vau o n plan . E:ic h prcblem definicion incl ud es a recommend ed repair srrareg y and an opinion of th e prob ab le cost of 1mpl err.e:11 ing cha r srrare gy . The building condiuo n assessmem inc ludes the follo wmg buli ing e!e:nems : c Sir e Work . Wa lks and Paving . J ne Park Central · Su ite 400 · 1 5 I 5 Arapahoe Streer · Denver. Colorado 80202 · 303-607-0977 · Fax 303-607-0767 • • I • 0 • • • • • • • - Historic Struct ure Assessment and Preservatio n Plan Eng lewoo d Dep ot A/E Pro posal Letter Landscaping . Grading and Dra inage. o Bu ilding Foundat ion s . Backfiil. Subs oil Dra inage . Foundation Syst em . o Bui ldin g Structura l System . Ge nerJI St ruc:ural Sys tem Descrip uon . On-Grade Floo r S labs. F loor Framing Systems . Roof Framing Sys cems . o Bu ilding Construction C lassificJrion . F ire Re siscive C onsrruccion Provis ions and Cond ition o Building Envelope -Exterio r Walls . 0 0 0 0 Exterio r Facing Materials . Exterior Wall Conscrucri on . Exterior Doors and Hardware . Excerior Windows . Ocher Excerior Open ings . Bu ilding En velop e -Roofing and Wacerproofing Roofing Systems . Sheer i\llet:il Flash mg . Gurte:s. E:i ves. Overhangs . and Cornices . RJm ware (Conductors, downspouts . er e .) Interior Co nstructio n. Inrenor Wall and Partition Consrrucr io n. Wa ll Finish Macerials Ce iling Finish Marenals . Floo r Finish M:ice:ials . Spec ial Finishes . Imenor Doors and Hardw are . Mechanical Systems . Hea ring and Ventilating Syst ems . Plumbing Sysrem . Electrical Syscems . Electr ical Service and Distr ibu tio n . Branch Circuit W ir ing. • October 25, 2000 Page 2 I • 0 •• • -• • • -' Historic Smmure Assessment and Preser vation Plan Englew oo d Depoe A/E Proposa l Lener Ligh tin g . Fire Alarm and Detect io n Systems . Ocrober 15 , 1000 Page 3 T he assessmem will include a descr iptio n of ,h e majo r building materia ls, an 1ss essm em of the ir condit io n. and th e 1d ent 1fic1t io n of efici enc ies. ma int enance and repa ir needs associated with thos e materi als. components or sys tems . Each problem ident ifi ed in rh e building cond it ion assessment will include a rec omme nd ed repa ir or maintenance s trategy . Pres ervation Plan: The ph ys1 c1 I re pair. m:11nten;ince and reha bil1tat ion nee ds of the structure will be org anized int o a prc orm ze d 1ppro:1ch wi I allow rile budding ·s 011 ner to antic ipate and pl an for repa1r and maJor m.1ntena11ce cos ts . E1ch deri c1en y d1sco,·ered during the cond ition ass essm ent will be eval uated and pno rn 1ze::J acc ording co HS sev e,l[y anc: imp act on the lo ng te rm pre servat ion of the structure. the sa fe ty of l[S occupar.ts :11 d the bu ilding's co nt inued use Each deficienc y will have a re::omm en ded repair strategy a 1d J conceptual cos t ~sum:1te . T he plan will show the recomm e nded work for the bu il ding organized int o a schedule wit h rehabi li tat ion and repa ir expe ndi tu res coord11med w1,h the ant ic ipated use of the Sra re Hi storic Fund as a po te :1tial sourc e or" bui lding preser1 ai1on fun di ng . Deficienc y correction and re ha bil itation work will be pnorim ed imo categories accord1n,, to the ir ur gen cy and imp o rc1n ce re la tiv e to the conserva u o11 of th e structu re The orego nes are : crn1c1I der"ic1e nc 1es. se rio us d e fici enc ies. 1111 11or de r"i :en c1 es :111d routin e repa ir and m1 1nt en ance nems A fift h categ o ry inc ludes discrcu on ary Hens. such as . restorati on o f arc lrnecrura l finish es. e[c Defin itions of e:ich c:ueg o ry are as follows . o Cr inc al De fici enc ies : T l11S categ ory inc ludes defic ie nc ies that sho uld be co rr ected as soon as possib le . If repai rs are not completed ve ry soo n . seri o us dama=e to the bui lding or potential inj ury to the building·s occupants is like ly to oc :ur. Items which would be classified JS critical defici enc ies include mas onry comp onent s wh1 h have de:eriorated to the point where pieces could fall and injure the building ·s occu p:im~ and /o r passe rsb y , ser io us act iv e roof leaks that could quickl y damage the bu ildi ng Jnd HS ce ments . haz:ird ous e lectric:il conditions . hazard o us budd ing eg ress co nd itio ns and the like . C Se rious Deric1 enc ies · This category inc ludes defic ienc ies that sho uld be co rre:ted as soo n as poss ible after all critical deficiencies have been corrected . Tll!S ca teg ory includes items where continuing damage to the building is li ke lv un less the probl ems are co rrecte J . Serious deficien;ies co ~ld become critic;! defic i~ncies 1f not co rrecte d :ind res olved in the next 2 to 5 years . De fic ienc ies which would be cl ass ifi ed as serious include repair of roof leaks and co ndit io ns li kely co resu lt in roof lea ks. repa ir work which viii pre•,,em significant and rap id de:e,ro rat 1o n of build ing compo ne ms and sysrems. etc . o Minor Defic ienc ies · This ~Jtegory includes deficiencies tha t should be corrected but not before 111 crn 1c:il 1nd se r ious defic iencies h:i ve be~n corrected . Some min o r • • t ) I • 0 • • • • -' Historic Srrucrure Assessmem and Preservation Plan Englewood Depot A !E Proposal Lerrer . . Oc::be: :.:. ~000 deficiencies have the potent ial of becoming ser ious or eve:i c:mca if ::or 1..:::::essed and resolved wirhin rhe next 5 to IO years . C Rourine ReDair and 1v{aintenance Work Th is category includes re;:::r wc:k char should be done on a routine and continuous basis If rouc:ne :epa 1: ar:c: :nai:::e:iance is not completed, building componenrs and sysre:ns CJn de!::ri orate 1n:o se ::ou s or critical deficienc ies . This careg ory inc ludes re pair and rna1me:1Jnce •.,·e rk sc.::h as , painting. mechanica l sysrem mainrenance. hardware mainre:iance . pe! c::c ::::Ll omy, roofing and !lashing inspe ctions. er e. 0 Discreri onJn· Work : D isc.e(Jo nar y wo r k includes work :hat is nor nece ss :r:: :::~! may be desired . Disc ret iona ry work would inc lude work lik e rh e :esrorn:c :: o f .::::g:na l interi or finishes or losr deco rar1ve eiemenrs . etc D1sc:erionary work s;:.::12 1: ::e r e underraken unril all crit ical and serious defic1enc1e s has been cor:ec:e:::. Code Compliance SurYev: The building code compliance su rve y will id em ':':: j:C:e::r1al building code deficiencies , wirh an emphasi s on general fire s:ifet y and emerge:x:: e;ress issues . A cursory ADA accessibility surve y is included ro id en[l fy ov e::ill :;.::ess:::ilny issues . PROPOSAL : We propose to provide architectural consulting se:vices necessar :: :o pr:vide a Hi storic St ructure Assessmenr fo r the old Eng lewood Dep ot cons1sring o f rh e :::i)pc ::e:its described above for the fixed sum of S 12,000 00 . This proposed fee and our understanding of the scope of services is based on usrn~ J c:;::ent ed iu o n of the "Standard Form of Agreement Bet ween Owne: and Arch itect :er S:;:e::al Ser vices." AIA Do cum ent 87'.!7 (blank copy is attached) Jnd the following provi~:orcs . 0 0 Vis uJI On-me Observation Services : The Owner accept s th:u the . .\rc hitec :·, liati ii ty 1s limned because rhe evaluation of rhe existing struc ture requ ires th:, c~:::i in Jssump[l ons be made regarding existing conditions. and rhat some o f rr:ese assumpt io ns cJnn ot be verified without expending add itio nal sums of :::one:: or dJmagmg or destroying otherwise adequate or serviceJble porrions of th e ::ui ld:r.,,. Oorn io ns o f Probable Cos t : In providing opinions of probable co nstru mon :osi. :he Owner understands rhat the Architect has no control over costs or the pr ice Jf l:i::or, equ ipment or nmerials. or over rhe Comrac:or 's method of pr icing. anc :h~t :he opinions of probable construction costs prov id ed are made on the bas :s of :!:e ArchHect 's qual ifi cations and e.~i;erience . The Architect m~ke s no ·.v Jrr:::,::. expressed or implied , as to the accurac y of such opinions as compared :J b1c or actual cos rs . I • 0 ] c=="I' • • • ' . ,._,• • • -... Historic Strucrure Assessment and Preservation Plan Englewood Depot A/E Proposal Lener October 25 , 2000 Page 5 o Hazardous Marer ials: It is acknowledged by the Owner rhar rh e . .\rch irecr 's sc ope of services does nor include any services related to asbestos or hazardous o r coxic materials . In rhe event the Architect encounters asbest os or haz1rdous o r ro x ic mater ials at the project sire , or should it become known in an y way rhar such materials may be present. the Architect may , at his or her opr io n an d wHhour liabil it y for consequent ial or any orher damages, suspend pe:-formance of se,v1ces on rhe project until the Owner retains appropriate specialist consultanr (s) or contrJctoqs J ro identify , abate and /or remove rhe asbesco s or hazard ous or roxic m:uen:i ls. ar.d warrnnr rim the sire is in full compliance w1th appl ic1b le laws J.Jld re.,,ulat1ons In the evem the Archirecc encounters or suspecrs the pre sence of 1sbesros, or h .:Jrd c us or toxic materials ar rhe site, the . .\rc h1t ecc wil l discuss rhe v:inous opuons ro e1 lmg with any hazard ou s marerials wirh rhe Owner pri or w susp e:1d111:, he performance of services on rhe projecr. o All reporrs, field dara and nores and orher docume:i rs , 1nc!ud1n: documenr s on electronic med ia, prepared by rhe Arch 1recr for rim ProJe:r are mm umenr s or rhe Archirecr 's ser vice and shall rem ain rhe properry of the ArchHec: C opies or rile reporr will be subnrnted ro rhe Owne:-fo r th e Owner 's re co rds 1nd intern. I use Under no circu1nst1nces shall the tr:ins fer of rile rep orr or as socia re documents and insrrumenrs of serv ice in hard copy fo rm or on dectr on1 c med i fo r use by rhe Owner be deemed a sale by the Arch itecr. 1nd he Arc hl!ecr makes no w:irr1nr1es. either express or implied, of the ir merchant .1 bility and firne ss for any par 1cula r purpose . To aid yo u in understanding our proposed fee in more detJ d. [ have in cluded the following bre:ikdown of rhe archirecrural design servi ce s · 0 0 0 C 0 C lmroducri on, Archirectural Descriprion. Hisrory and Use . Us e Srucl y.. Condition Assessmenr. Bu ilding Conservar ion Re commendarions and Preservar1on Plan Building Cod e Compl ia nce Survey and ADA Review Miscellaneous Direcr Coses Total S 1.00000 '.!.000 00 4 ,000 00 4 .000 00 500 .00 500 .00 S 12,000.00 ,. I • 0 - • • • • l·. ~ ~ ...... • • Historic Scructure Assessment and Preservacion Plan Englewood Depot A/E Prop osal Letter .. .. October 25 , 2000 Page 6 The ser vices of structural, mechanical and eleccr ical engineering consultancs are not ancicipaced ac chis time. During the building condicion ass essmenr ic may become apparenc chac addicional engineer ing expercise is required co complete the co nd ic ion assessmenc. If chis occurs. che services of eng ineering consulcancs can be prov ided and will be negociated as an addici onal service . The proposed fee includes the rep rod ucc ion coses for rwo owner revi ew copies and fiv e copie s of che final re po rc. Additional copies of che fi nal reporc can be provided for the cost of reproduction as a re imbursable exp en se . Work on che Hiscor ic Structure Assessment can proceed as soo n as we are d irec ted to do so If notified to proceed by the beginning of Januar y 200 l. a prel iminar y draft can be read y fo r review by the State Hi storical Fund by June 2001. The fina l assessment can be comple te by Se ptember 16. 2001 if we receive final rev iew commencs fr om the bu il ding 's owner an d the St ate Historical Fund office not later th an September 2. 200 1. If you have an y quest ions concern ing this proposal. I will be glad to discuss them with you . Since rely . ti:J~QE:' INC Ge ~ha rd J . Pe tri. AIA . IL T1vS1 ec.OO l • ,. . , 0 I • 0 3 I - · City of Englewood ,. ••' • • • - Englewood Depot Historic Structure Assessment Project# ATTACHMENT JO Legal Description of Property The legal description ofihe Thomas Skerrirr property at 3560 South Bannock Street is as follows: LOTS 25 -30, BLOCK 2 TA YLOR ADDITION County of Arapahoe Stare of Colorado Also known by srreer Jddress as : 607 West Dar.mouth A venue Eng le"ood, Colorado 30110 • with a P.P.l. Number of Lots 25 and 26 -i 97 l -34-2-24-030 Lors 2i, 28. and 29 -l 9i 1-34-2-24-03 i Lot 30 -1971-34-2-24-0 32 •• .. .. 0 I • 0 I • -··~. .. • • I - EXHIBIT "8" Architect's Letter of Proposal • • I . 0 • • ] • • PRJNCIPALS Bruce A. Lort J•mes C. Pedler Gerh•rd ). Perri CI•yron C. Cole Rlch•rd L. Ricker Adele J. Willson Edwud A. Bem•rd SENIOR ASSOC IATE Brian J. Fagerstrom ASSOCIATE Wllll•m B. Clifford Lis• A. Jeiliffe Jennifer K. Cordes SENIOR ARCHITECT J•mes f . Paull • l • .. .. • ' -.. ,--;:r-, ! ., n :_// _J S LATE R PA U L L &.. AS SOC I ATE S, I N C. Architecture Preser v a ti on Interior Des i g n I ..!_/I Denver Atlanta Apr il 19 , 2001 Hank Long Director of Library Ser vic es Englewood Pub lic Library 1000 Eng lewood PJ rkway Englewood. CO 80110 RE : Englewood De po e Historic Scruccu re Ass essme nt Arch it<!ccu rJI Consulting F<!e Proposal Dear Mr . Long . I spoke wich Virgi n ia Stee le today and she asked rhac I re ,·:sd my prop os a l letter of Oc.obe 25. 2000 to re fl ect the new schedule. ass umin g we CJn prcceed o n o r about Ma y I. _oo I She also asked chat I addre ss the revise d prop os al co yo u. T 1e 1·es c of my previous proposal leccer of Octobe r 25. 2000 remains unchange d . We are pleased yo u ha ve considered Slater -Paull & AssocIJl es fo r the arcl11teccural o nsulcmg servi ces necessary to co mplete a Hist oric St ruct ure Assess me:it fo r the ol d Englewood De poe. The primary purp ose of a Histor ic Structure Ass ess ment 1s to identify current and fo rese ea ble repair . rehabil itation. maintenance and fun Cllo na l imp rovem ent needs o f a l11s co ric bu ilding and to organize th <! repair and rehabil icac1 on s tr:ue g 1es and their associat ed cost <!stim at es int o a prioritized . ongoing and sustainable plan for the continued preser vation and util izati o n o f the historic structure . le should be organized fol lowi ng the SH F 's re co mmended outl ine and include following components : Pare I. Pare II. Pare Ill . Pare IV . lncr oduc ci o n . History and Use . Scruccure Condic io n As sess ment. Pres<!rvation Plan . Photos and Illustrations . Appendices . including a synopsis of accessib ii ic y compliance. building code compliance. zoning code compliance . rele v:int e.~hibics and a bibliography . Condition Assessment: The purpose of the condition assessment is to evaluate all major components of the building and identify existing and potential problems needing maintenance and repair . Each problem is prioritized by degree of severity and which problems need to One Park Central · Suite 400 · 1515 Arapahoe Street · Denver. Colorado 80202 · 303-607-0977 · Fax 303-607-0767 • •• ,. ' • ) I • 0 ] • • • • l •• ,,. • - Historic Structure Assessment and Preservation Plan Englewood Depot A/E Proposal Letter .. April 19 , 200[ Page 2 be repaired first in an on-g oing . long range preser.<at1o n plan . Each problem definition includes a recommended repair strateg y and an opin ion of the probable cost of implementing that strateg y . The building condition assessmem 111c lu des the following bu ilding elements : o Site Work . Walks and Paving . Landscaping. Grading and Drainage . o Building Found atio ns . Backfil l. Subs oil Drainage . Fo undat ion System . o Building Stru ct ura l Sys tem . General Struc tu ral Sys tem De sc rip1 io n. On-Grade Floor S labs . Fl oor Framing Syst ems . Roo f Framing Systems . o Building Construction Cla ssi fic:n io n. Fire Resist iv e Constructi on Prov is ions :ind Condit io n . o Bu ildin g En vl!lo pe -Exter ior Wall s . 0 0 Exte rio r Faci ng Mate rials . Exte rio r Wall Construct ion . Exte rior Doo rs and Hardware . Exterio r Window s . 01he1· Exter ior Opcn111g s . Building En velop e .. Roofi ng and Waterpro ofi ng . · Roofi ng Sys tem s . Sheet i'vktal Flashi ng . GuHer s. Ea ves. Over hangs. and Corn ices . Rain wa re . (Conductors . downspouts. etc .) Interi or Constru ctio n . Interior Wall and Parmion Construction . Wall Finish Mater ia ls Ce iling Finish Materials . Floor Finish M:nerials . Special Finishes . Interior Doors and Hardware . • • I • 0 • • • • • • -.. Historic Structure Assessment and Preserva tio n Plan Eng lewood Depot A/E Proposal Letter o Mechanical Systems Heac 1ng and Vemrlac ing Syscems . Plumbm,, System . c Electrical 5) seems Elecmca l Service and D1str1bucion. Brandi Circu it Wir ing . L1glrn11g . Fire Alarm and Decernon Sys cems . Apr il 19. 200! Page 3 The as sess mcm will inc lude a escripc1 on o f the maJ o r building macerials. Jn :issessmem or" their con d111 on. and th e 1d e11c1 ficauon o f der i c1e11cies. maimen:rnce :ind repair ne eds a soc1ac e:: wuh ch os e nme:-1a ls. componems or syscems . E:ic h problem idem 1(ed in rhe bui ldi n,, condiuon assessmem will 111cludt: .1 recommended repair o r maimen Jnc e sc rJte gy Preservation Plan : The physical repair. mainte nance and re l1J brlu:H1o n ne ed of rhe structure will be o rganized into a prior icized approac h will all ow the build in"' ·s owner ro am1c1pare and plan for repair and major maintenanc e cose s . Ea h defic1en :, d1 co ve ~ed during the con diuon assessmenr will be evaluated and pnorn1zed ac::ording co 1rs se verit y and impact on the long term preservation of the structure . th e sar'ery o r ns occ upa nts and rhe building ·s co minued use Each deficiency will have a rec ommended repair s crareg y :ind a conceptual cost esrinme . The plan will show the re 0111111 ende d "Or k fo r che budd ing organized 11Ho a sched ule wich re habilicarion and repa ir e.~pendHure s coo rd1naced wl[h rhe anucipaced use o f rht: Stare Hist oric Fund as a porenc 1al so urce of bu 1ld111,, preservacion funding . De ficiency o rrecuon and rehabilication work will be pno rn1zed 1mo c:uegones acc o rding ro their urgenc y and importance relauve ro the conservarron of the structure . The carego nes are : criucal defic ienc ies . serious deficiencies . min or defic1enc1es and routine repa ir and maimenance items . A fifth category includes discreu ona ry Hems . such as. rt:slOr:irron of arcl11reccural fiimhes . ere . Definitions of e:ich c:i re gor y are as follows . 0 0 Cr irrc:d Detic1e11c1e s · This c:ueg ory includes deficiencies rh:ir sho uld be co rrec ted as soon as po s1ble . If repairs are not completed very soon. serious dama,,e ro the building or poremial inJur y to the building·s occ upanrs is likely ro occur . Items \~h1ch would be classi fied as critical deficiencies include masonry components which lnve derenor:itei..l to the point where pieces could fall and injure the building 's occupams and /or passersby. serious active roof leaks that cou ld quickly damage the building and 1rs coments. hazardous electr ic al conditions. hazard ous budding egress conditions and the like . Seri o us Deticienc ies : This category includes defic iencies rhar should be corrected as soon as possible after all critical deficiencies have been co rrected . This category includes items where continuing damage ro the building is likely unless rhe problems are corrected. Ser io us deiiciencies could become crietc:il deiic 1encies if not corrected ) I • 0 ] • • -• • • -.. Historic Structure Ass ess ment and Preservation Plan Engle wood Dep ot A/E Pr oposal Lene r Apr il 19 , 2001 Page 4 and res olv ed in th e next 2 to 5 ye:irs . De ficiencies which wo uld be classified as ser io us include repair of roof leaks and co nd itions lik ely :o resul t in roo f le:iks . repair work which will pre vem significam and rapid deteriorn1on of building components and sys tems . etc . ') Minor De ficiencies : Th is ca tegory inc ludes de ficienc ies ;'.m sho ul d be co rre cted but not before all critical and serious de fici encies ha ve bee:i cor re cted . So me minor deficiencies ha ve the potemial of becoming se riou s or e·:e:i critical if not addressed :ind reso lved wi th in the next 5 to 10 years . C 0 Ro ut in e Re oair an d ,\l a1nte11 :1nce Wo rk: T lllS categor:, includes re;nir work that should be do ne on a ro utme :ind co nr 1nu ous basis . If rou:ine :epa1r and maintenance is nor compl eced. building componenrs and sys tems can je:eriora ce into serious or crit ic:il deficiencies . Th is ca teg o ry includes repair and :iiaimen:ince wo rk s uc h as. painting. mecha111c:1I syst em 111aime11a11ce. hardware main:e:1ance. per io dic masonry . roofing and fhslung msp ections. etc. Di scre1io11ar1 · Wo rk Di scn~t io nar y wo rk includes work h~; 1s not necessary bur ma~ be desired . D1s cre t1ona ry wo rk would include work like :he re srorati o n o i o r iginal interi o r fi nish es or lost dec o rati ve demenrs . etc . Discreci ona ry work sho u ld nor be undert aken until .ill ritic:il and serious deficiencies has bee:i co rre cc ed . Code Co mplian ce S11nev: T he building ·ode compliance su,·:e:: will identify po rential building code de fic1 e1 mes. w1th an emphasis 0 11 general fire s:1r'e::; :ind emergen cy egres s is s ues . A cursory AD.-\ access1b1lit y s urvey is incl ude d to ide:-:rify overall access1b ilic y issues . PROPOSAL: We. propose co prov ide arclrnectural co11s ult1 ng se:·:ices necess:iry to provide a Hisror ic Scructure As,ess mem fo r the o ld Eng lewood Dep oe con si stmg of rhe components desmbed ab ove for the fi.~ed s um of Si2 .000 .00 . Th is proposed fee and nu r understand ing of the scope of ser vi ce s is · ased o n using a current edit io n of the .. Standard Fo rm of Agreemenr Be tween Owner ar.d . .\rchitect for Spe cial Service s ... AL-\ Document 8 72 (blank copy is attached) and the rcilo wing provisions . 0 Visual On-sire Obser vari o n Services : The Owner acceprs rim the Ar chitect's liabilit y is limit ed bec:iuse the evaluation of the existing srruc:ure requi re s rha c certain assumptions be made regarding e.~ist ing conditions. and rim some of the se assumpt io ns c:innot bt! verified without expending addi t:cn:il sums of money or damag ing or des troying o therw is e adequa te or servi ceable ;:om ons of the building . o Opinions o f Prob able Cost : In providing opinions of probab le co nstruct ion cost. the Owner understands that the Architect has no co ntrol over c::s,s or rhe price of labor . • . ' I • 0 • • • t .,,., . ' - Hist oric Struc tur e Assessment and Preservation Plan Eng lewood Depot A /E Proposal Letter .. Apr il 19, 200! PJge 5 equ ipm ent or materials. or over the Contractor's method of pric ing. and that the o pin ions of probable consrrucrion costs provid ed are made 011 rhe bas is of rhe Arc hi re cr's qualifica ri ons and e.xpenence . The Ardrnecr makes no warranty. expressed or implied. as ro rhe accu rac y of such opinio ns as compJ re d to bid or actual cos rs. Hazardous Materials · Ir is acknowledged by the Owner rh.:ir rhe Architect's sc o pe of se rvices does nur includ e any services related ro asbestos or hazard ous o r rox1c mater ials . In rhe evem rh e Ar chirecr encounters as esros or hazard o s o r rox 1c marenals ar rh c: pro1 ect sire. or should ir become .·11ow11 1n any way rhar such matemls m:r} be present. the . .\rchirect nuy. ar his o r her o pEl on and Wllh o ur liabilll 1 for co11sequc:11tlal o r any other da111ages . suspend per fo rm ance o r' sern es n the pro1ect um 1I the Owner retains appropriate specialist ons ulram tsl or comraco r(s l to idem if). abate an . o r rem ov e rhe asbe ros o r hnardous o r to~1 mate~1als. and warr:im tlm the SlE e 1s 111 full compliance wirh applicable la\,s and regu!.'.ltl o ns . In the event the Archllecr encoumers o r suspects rhe prese:ice o f ,isbe os. o r haza rdous or rox1c m,1ten. b ar th e we. the .Archi te ct will discu ss the variou s 0p r1ons o deal in= w1rh any hn:1rdous m:1ter1,1ls with rhe Owner prior ro suspe nd111 '" he per fo rmance of sen ices 011 rhe pro1ecr c All reports. t1dd d;.ir:i and nores and other documents . mclu d ing documems 0 11 ek tro111c med 1J. prepared by the Archirecr for rim Pro1ecr are 111sr ru111em s of the Archllecrs se n ice and sh,111 remain the property or' rhe Arc hHect Co pies of rile report will be su ;nmed ro th e Owner fo r the 0\ ner's records and internal use Under 110 ·1rc u111sra11<:es shall rhe transfer o f the rep o rt or assoc iated documenrs and 111srru111ems or' serv1 e 111 hard opy form or on elecrro11 1 media for use by rhe Owner be deemed J sal e by rhe Ar haecr. and the Arc lm ecr 111Jkes no warrJ1mes . euhe r e.xpress o r implied. of the ir merchanrJbdu y and fitness for any panicular purpose . To aid you in undersranding o ur proposed fee in mo re det:iil. l have included che follow1ng breakd own of the archllectural design services . 0 0 0 0 lm roducr10 11 . Archirecrural De scrtptlon. History and Us e . Use Study . Condition Assessmem . Building Conserva rion Recommendations and Preser varion Plan . ' ··"-........ ~.--. ~-··-··-----~ S 1.000 00 2.000 00 4 .000 .00 4.000 .00 0 I • 0 ]- • • • • '• l" ~ .... r ·~ • - Historic Structure Assessment and Preservation Plan Englewood Depot A/E Proposal Letter 0 0 Building Code Compliance Survey and ADA Review Miscellaneous Direct Costs Total ~ .. ' April 19 . 2001 Page 6 500 .00 500 00 S 12.000.00 The services of structural. mechanicJI and electricJI eng ineering co nsu ltants are noc amicipated at this cime . During the building condition assessmenc it may bec o me apparem that add itio nal engmeering experrise is required IO complete che condition assessme:it. lf thi s occurs. the servic:!s o f engine;::ring consul cams cJn be provided and will be negouated as an additional service . The proposed fee includes the reproduct io n costs for two own er review copies and five copies of the final report. Add iuonal copies of tht! final reporr can be provided fo r the cost of reproduction as a re imbursable expc:nse . Work on the Hiswr ic Scruccure Assessment cJn proceed as soon as we :ire directed ro do so . If notified IO proceed by rhe beginning of J\fay 200 l. a preliminary drJfr can be reJd y for review by the State Historical Fund by October I. 200 l . The final assessment CJn be complete by Deci:mbt!r 4. 200 l if wt: receive final rc:view commems from the building 's owner and rhe Sr;1te Hi sroric:il Fund office nor later than November 5. 2001. If you have any questions con cerning this proposal. I will bt! glad ro discuss them wirh you . Sincerely. s,r:13~ Gerhard J. Petri. AJA .. ILTiHLONG 001 • ,. .. • I • 0 • • • ,. \, ~ .. • •• - EXHIBIT "C" .. Scope of Work for Colorado Historical Society Historical Fund Project #2001-HA-030 ' . ' I· 0 ] • • -. ~ • l ' City of Eng lewood Historic Structu re Assessment Proj ect ;t 200 1-HA-030 • • - Rev ised Scope Of Work The Purpose of th is Project is to Conduct a Histo ric Struc:ure .A.ssessment of th e Eng lewood Santa Fe Depot Includ ing the Fo llo wing Components : 1.0 Introduction 1.1 Research Bac kground /Part icipants 1.2 Bu il d ing Loc ation /Sit e P lan or Vi cinity Map 2 .0 History and Use 2.1 Architectural Signifi cance and Constructi on Hi siOry 2.2 Proposed Program 2.3 Ex isun g Si<etch Plan 3 O Structure Cond ition A ssessme nt 3.1 Site 3.2 3.3 3.4 3.5 3 .6 3 • Assoc iated Landscape Features • Parking • Archeo log y Foundat ions • Perim eter Foundation Dra inage • Foundation System • Backfill Bui ldi ng Struc tur al System • Ge neral Struct ural System Descr iption • First Floor Structu ral System • Seco nd Floor Structu ral System • Roof Fram in g System Bu il ding Enve lop e-Exterior Walls • Exte rio r Wall Co nstruct ion • Exterior F ini shes • Exte ri or Masonry • Exte rior W indows . Doors , Hardware , And Trim • Exterior A ppendages -Porch , Stoop , Po11 ico . Etc. Bu ildi ng Env e lope-Roofing and Waterproofing • Roo fin g Sys tems • Sheet Meta l Flas hin g • Dra inage System , Gutters , and Downspouts Interior F inishes • Wall Fini sh Mate ri als • Ce ili ng Finish Materials • Floor Fini sh Ma terials • Int eri or Doors , W indows , Hardware , And Tri m Mechanica l Systems • Heatin g • Vent il ation • Water Serv ice and Sewer Ut ili ties • Fire Suppress ion -Sprinklers Page 1 of 2 pages • .. • I ) I • 0 • • • ORDI NANCE NO ._ S ERIES OF 2001 • • - BY A T H ORITY A BILL FOR ' J l(A_i COUNCIL BILL NO. 26 INTRODUCEJ:J COU NCIL MEMBER ./1 ~r.a:J AN ORDINA.NC E A UTHORIZING THE A CC EPTA!\CE OF A S E CO:-JD AMENDME NT TO THE AG REE.ME , T AND S UBLEA SE BETWEE:-J TH F: MUSE UM OF OUTDOOR ARTS (MOA ), THE E NG LEWO O D E'.\i"YlRO '.'sr:\I E :'\TAL FOU NDATION, I NC. (EE F) AND THE CITY OF E NG LEW OO D, CO LORADO (CITY). WHEREAS . the City Co uncil of the Cit y of En glewoo d h a design ated approxim a t e ly 15 ,000 squar e feet of s pace o n t he seco nd fl oo r of the E ngle woo d C1v1c Ce nte r for cultural u ses; a nd WHEREAS , in a n effort t o activate a nd e nergize C1tyCenter Englewoo d a nd to provi d e for a uni que chara ct er t o the deve lo pm e nt , the Cn y has e xp lo r ed opp o rtumt1 es fo r coo per a tion with cultura l or ga nizatio ns at Ci tyC e m e r ; a n d WHEREAS , the Englewoo d City Co uncil a uthor ized a n Agr ee me n t a nd S u bl ease be tween MOA , EEF a nd t he City by the p assage of Ordi n a nce 1\o . 68, er ies of 19 99 ; and WHEREAS, the Englewood City Co uncil a uthor ize d :\IOA to e nl a r ge t he am o u nt of s pace a vaila ble to the Muse um of Outdoor Arts fo r s ubl ease by the p assage of Ordina nce No. 15 , S eri es of 2000; a nd WHEREAS , the l\lOA wis hes t o a ppl y for a n Arts Li q uor Lice n se fr om th e City a nd the Sta t e t o allow for th e serving of liquor at it s a rt fun ctions; a nd WHEREAS, the s ubl ease does not s pecifica ll y a ddr ess th at u se a nd the parties wi s h t o cl a rify the u ses a lJ owed w1thm t h e demi sed prem ises ; a n d WHEREAS , the passa ge of this p ro p osed Ordinance will fin a li ze a seco n d a me ndm e nt t o the S ubl ease and Agreem e nt be tw ee n the Ci ty of En gle woo d , t he Engle woo d Environm enta l Fo undation , Inc. a nd t he Mu se um of O u t d oo r Ar t s; t OW , THEREFORE, BE IT ORDAI NED BY THE CITY COU N C IL O F TH E C ITY OF E GLEWOOD , COLORADO, AS FOLLOWS : Section 1. The acceptance of the Se cond Am e ndm ent to the Agr ee me nt a n d Sublease between the City of Englewood , Colorado , Mu se um of Outdoo r Arts a nd the Englewood Environmental Foundation, Inc . to clarify tha t .10A may a pply fo r a n Ai-ts Liquor License for the MOA s pace at the Englewood Civic Ce nte r , a ttach ed as "Exhib it A", is hereby accepted and approved by the Englewood City Co uncil. Section 2. The remaining sections of the Governme nta l Ag r ee me nt a nd S ub lea se and the Amendment to the Governme ntal Ab'Teeme nt a nd S ubl ease r e ma m in effec t . -I - •· I • 0 • • • • t •\, • - COUNCIL COMMUNICATION Dale Agenda Item Subject Amen dmen t to th e Agreement wit h the Museum of May 2 1, 200 1 11 a i Outdoo r Arts Initiated By City Manager's Office I Staff Source Michael Flaherty, Assistant City Manager COUNCIL GOAL AND PREVIOUS COUNCIL ACTION On November 22 , 1999, City Council adopted Cou ncil Bill No. 70-99, approving an Agreement and Sublease between th e Museum of Outdoor Arts, th e Englewo od Environmental Foundati o n, In c., and th e City of En glewood. On Ap ril 3, 2000, Council passed Counci l Bill N o. 15-00, app rovi ng an amendmen t to the agreement with th e Museum of Outdoor Arts . RECOMMENDED ACTION Staff seeks Co uncil 's support for a bill fo r an o rdinance amending th e Museum o f Outdoo r Arts Sublease Agreemen t aut horizing MOA to app ly for an Arts Liquor Li ce nse , sub ject t o reas o nabl e conditi ons as may be agreed on with City st aff. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Museum of Outdoor Arts occas io nall y holds opening receptions fo r its new exhibi ts at wh ich th ey serve li ght refreshments and , in some cases w in e. Under stat e la w, the Museum may, as a priva te host, serve, but not sell, liquor to invitees on ly. A specia l ca tegory of an "Arts Liquor License ' is ava il ab le from th e Stat e of Colorado for ar ts o rgan iz ati ons, allowing them to serve and sell alcoholic beverages at th eir rece ptions and o th er exhibit-related festivities . In o rder to ensure that its ac ti vities are in full complia nce wi th state law and to allow for all con tin gencies, MOA has approach ed th e City's Liquor Licensing Auth o rity rega rding an Arts liquor license. Th e Ci ty's current sub lease agreemen t with MOA does no t spe c ifica ll y address that th e City, as landlord, has autho ri zed MOA to app ly for a liquor li cense. The Liquor Li ce nsin g Au th o rit requi res this auth o rizati on prio r to processi ng MOA's req uest for a liqu o r li cense . FINANCIAL IMPACT Th ere is no fina n c ial impac t foreseen as a resul t of th is amendment. LIST OF ATTACHMENTS Prop ose d Bill fo r an Ordinance • I • 0 - • • • • .. . ' - Sectjon 3. The Mayor is authorized to execute and the City Clerk to attest and seal the Amendment to the Agreement and Sublease for and on behalf of the City of Englewood, Colorado. Introduced, read in full , and passed on first reading on the 21st day of May, 2001. Published as a Bill for an Ordinance on the 25th day of May, 2001. Thomas J . Burns , Mayor A'ITEST: Loucrishia A . Ellis, City Clerk 1, Loucrishia A. Ellis, City Clerk of the City of Englewood . Colora do, h e r eby ce r tify that the above and foregoing is a true copy of a Bill for a n Ordinance, introduce d . read in full , and passed on first reading on the 21st day of May , 2001. Loucrishia A . Ellis -2- • . ' I • 0 • • • • . . • -.. SECOND ,\J.'1"E~l)MENT TO GOVER~IENTAL AGRED1ENT AND SUBLEASE WHEREAS . the Cit y of Englewood, Colorado (hereinafter re ferred to a s "C ITY'), the Englewood EnVU"onmental Foundation, Inc . (hereinafter referred to as "EEF"), and the Museum of Outdoor Arts (hereinafter referred to as "MOA"), entered mto a "Governmental Agreement and Sublease" on ~ovember 22. 1999. Concerning the subleas e of certain premises in the Civic Ce nter Building located at 1000 Englewood Parkway . Engl ew ood . Colorado 80110. WHEREAS . the '.\!OA wi s hes to apply for an Arts Liquor Li cens e fro m the City and t he State to allow for t he ,ervmg of liquor at its art functions; and WHEREAS , t he s u bl e ase d oes n ot specifica lly address t h a t u se a nd the parties wish t o clarify the us es allo wed wi t hm the d em ised pre m ise s ; and WHEREAS . t he .~ts Liquor L icense would a ll ow ,erv1ce of liquo r onl y within the '.\!OA sublease d pre m ises ; THE REFORE . the foll owmg sectto n shall n ow be amended and oha ll r ead a s fo ll ows : ARTICLE IV USE OF PRE'.\lISES 4 .1 Use of Premises and Business Hours. Du ring t he entir e te r m of t his . .\gr eem e nt. the Demi sed P re m is es s hall be used solely fo r the purpose of the co nduct of '.\I OA".; exemp t purposes. its busine ss offices , class e s and ot he r lawful ac t1 v1t1es a ssociated wit h s uch business . In con nect io n with such act i,jues. \1 0,:\ ma,· •er:e hguor pur s uant to an :\r es L19 uo r Lic ense or Speqal E ve nts P e r mit is s ued bv th ~ Cit\· and t he Sea te of Co lor-1 do . T he busmess hours fo r '.\<I OA shall co nfo rm t o t he standa r d !Juildmg hours of opera tion. The CITY agree, t o acco mmodate add i tio nal hours ou t side ,t a nd a rd bwld mg hour s on a reasonable b asis . M OA shall be req uired t o pronde the CITY with non ce of the ne ed fo r addit ional h o urs in a d vance. F or a ll p urposes unde r t h is . .\greement ,tanda r d bu1l d m g h o urs m e ans i :00 a.m . t o 9 :00 p .m .. Monday thro ug h Friday and 7:00 a.m . t o 6 :00 p .m . S aturday, other than holidays . I N WIT::s!E SS WHERE OF . the pa r t ies he r e t o ha "e affi xe d the ir signatur es the day and year firs t above written . (Seal) C ITY O F E ~G LE WOO D At t es t Th om as J . Burns , '.\!.iy or Lo ucr 1srua . .\. Ell is . City Clerk I • 0 • • STATE OF COLORADO COUNTY OF ARAPAHOE i·:. .. ... • .. • • ' ENGLEWOOD ENvl RONtlENTAL FOUNDAT!0:-1 . I NC . By ____________ _ Ri ck Kahm . Preside nt The foregoing instrument was acknowledged before me tlus __ day of ______ _ ___ , 2001 , by Rick Kahm , as the President of the Englew oo d Em·ironme ntal Foundation. (S EAL) My commission expires : ----- STATE OF COLORADO COUNTY OF ARAPAHOE Notary '.\1 US E u M OF O u TDOOR ARTS . t} -1vi The foregoing instrument wa s acknowledged before me this _J__ day of_..,/,C.J ~• ... ;'.,...:.· .... ; __ _ ___ , 2001 , by Cynthia Madden, as the Pre s ident of the Muse um of Outdoo r Mts . (SEAL) My commission expires: /('·.'I · ,)C< :ct LISA L MAURER Notary Public State of Colorado Nota ry -2- ~ . ' • I • 0 - • • • • ft :,' .. • ~ ., • ~ -' BY AUTHORITY ORDINAl"\iCE NO. SERIES OF 2001 COUNCIL BIL L NO . 27 INTROD UCE D BY COUNCIL MENIBE R~~~~~~~ A BILL FOR AN ORD INANCE AUTHO RIZIN G AN INTER GOVERNMENTAL AGRE~~ENT FOR MAINTENANCE OF THE BIG DRY CR EEK TRA IL BETW EEN SO UTH SUBURBAN PARK AND RECREATION DISTRICT AND THE CI TY OF ENGL EWO OD. WHEREAS , there has been a joint effort by several entities including the S outh Suburban P arks and Recreation District and the City of Englewood to increase and enhance the existing open space areas and trails in the S outh Suburban area: and WnERE.AS , the City has easements for and construction is proceeding on :i new portion of the Big Dry Creek Trail within Englewood between Belleview Park and South P latte Rive r ; and WHEREAS, South Suburban Park and Recreation D1Strict performs regufar m aintenance on other trails in the .metro area and it is in the interest of both p:irt1es for the District to conduct similar regular maintenance on this new po r tion of t h e Big Dry Creek Trail; NOW, THEREFORE, BE IT ORD AlNED BY THE CITY co ·, ·crL OF THE CITY OF ENGL EWOOD , COLORADO, AS F OLLOWS: Section 1. The Englewood City Co uncil hereby authorizes entering into the "Int e rgovernmental Agreement For Maintenance Of The Big Dry Creek Trail" between the City and South Suburban P ark a nd Recreation District, attached hereto as "Attachment 1". Section 2. The ~Iayor is _aut h orized to execute and the City Clerk to attest and seal the "Intergovernmental Agreement For Maintenance Of The Big Dry Creek Trail" for and on behalf of the City of E n glewood, Co l or ado. Introduced, read in full and passed on first r eading on the 21st day of ~[ay, 2001. Published :is a Bill for an Ordinance on the 25th day of ~Iay, :!001. fa/ Thomaa J . Bur:1s Thomas J. Burns, Mayor ATTEST: Isl toucrishia 1. E111~ Loucrishia A. Ellis , City Clerk -l - • ..: ' ' ' I • 0 ] -=- • • ORDINANCE NO . SERIES OF 2001 I •. • • .. . . ~ - BY AUTHORITY A BILL FOR I /a._ ii COUNCIL BILL NO. 27 INTRODUCED BY COUNCIL MEMBER~~~~~~- AN ORDINANCE~ AN INTERGOVERNMENTAL AGREEMENT FOR MAINTENANCE ~DRY CREEK TRAIL BETWEEN SOUTH SUBURB AN PARK AND RECREATION DISTRICT AND THE CITY OF ENGLEWOOD. WHEREAS, there has been a joint effort by several entities including the South Suburban Parks and Recreation District and the City of Engle wood t o increase a nd enhance the existing op e n space areas and trails in the South Suburba n area ; a nd WHEREAS, the City has easements for and co nstruction is proceeding on a new portion of the Big Dry Creek Trail within Englewood betwee n BellHiew Park a nd South Platte River; and WHEREAS, South Suburban Park and Rec r eation Distri ct pe r fo rm s regul a r maintenance on other trails in the me tro area and it is in the inte re s t of both parties for the District to conduct similar regula r maintena nce on this new portion of the Big Dry Creek Trail; NOW , THEREFORE, BE IT ORDAINED BY THE C ITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FQLLOWS : Sectjon I. The Englewood City Council here hy a uthorizes entering into the '1ntergovernmental Agreement For Mainte nance Of The Big Dry Creek Trail" between the City and South Suburban Park and Recreation Dis trict , attached here t o as "Attachment l ". Sectjon 2. The Mayor is authorized to execute and the City Clerk to attest and sea l the '·Intergovernmental Agreement For Maintenance Of The Big Dry Creek Trail" for a nd on behalf of the City of Englewood , Colorado. Introduced , read in full , and passed on fir s t reading on the 21st day of May , 2001. Publis hed as a Bill for an Ordinance on the 25th day of May, 2001. Thomas J. Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk -1- A I • 0 • I I • • • , .•. ..: .. .. ·~ • • -' 0 TJ,e Big Dry Creek Trail a11d Greenway: Platte Rit,er to lligl, Li11e Cmltl/ Proiect Partners The South Suburban Park foundation, Inc. in cooperation with: Arapahoe County Bow Mar Cherry Hills Village Columbine Valley City of Englewood Greenwood Village City of Littleton South Suburban Park & Recreation District GO Colorado State Trails Program Urban Drainage and Flood Control District • ' 0 l • • ... • • - ~: r ~------"-'1------"-~~.,--: f; r: :'j : .. ~ ; -. - 11 ,. . '-~. r 'J :1· j "' I :--... _....._.=--,.-~-=,-,---.,....-:'.i ' . . ~..c:.a~lt 1 ; ~ment I : 2,200' S 694 ,0011 • Spring 2001 I' ll -·~ I ...... ~ . -· 0 1 I. -,. f• :i !i ~ ~ ,, Ii ·• ~ ·i • ,I ,. ,r :1 1~ I . ,._ \ __ :, E,ii sting Trail .... • • • • • • • • Proposed Trail Segmcnls • ---On Stn:el Roulcs • I lr ~. .!··--··· '"""'11 . ~ !1 li Ii 1 I . I ,i J 1 - lt1 @.h I i11c ·11111l lh •-ln m'- 1\1~ l>n t're<'k nt Arapnhoc k n;1d 0 ] ( .... • ,,. .. -., -.. • -.. COUNCIL COMMUNICATION Date: Agenda Item: Subject : May 2 1, 2001 11 a ii Big Dry Creek Trai l Maintenance Initiated By : Staff Source: D ep artm ent o f Parks and Recreation Jerr ell Bla ck, Direc t o r of Parks and Re c rea t ion Dave Lee , Manager of Ooen So ace COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council has pre v io usl y approved iunding ior construction and acce pted p rope rt y for th e Big Dr) Creek Trail Pr oje ct : Council Bill o_ 40, Ordinance o , 40, Series of 1993, for th e funding o f th e preparati o n o f th e Bi g Dry Creek Bi c cle Trail Master Plan , Co un c il Bill No, 2, Ordinance o , 2, Seri es o i 2000, for th e accep t ance of a gran t of property fr om RACO Family Par tn ership, Counci l Bill No, 66, Ordinance No,63 , Series of 2000, fo r th e acceptan ce of a grant o f property fro m Tom G, Kin g, Co un c il Bill No, 72, Ordinance No, 70, Series of 2000, fo r th e granting of a li cense by RTD to the City o f Englewoo d for th e Big Dry Cree k TraiL Negotiati ons for easeme nt ag ree m ent s are still pendi n g wi th the Burlin gto n North ern and Union Pacific Railway Companies fo r co mplet ion o f this trail p ro jec t RECOMMENDED ACTION Staff re commends that Co un c il app rove an Intergove rnm e ntal Agreemen t fo r m aintenan ce o f th e Big Dry Creek TraiL BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED A seg m ent of th e trail was initially co nstru ct ed through Be ll ev iew Park in 1997, A seco nd ph ase of trail has been co nstru c ted from th e Windermere Stree t to th e Platte River. South Suburban Park and Recrea tion Di stri c t has agree d t o perform trail maintenan ce fo r th e seco nd p hase of th e trail from Windermere to th e Platte River. So uth Suburban c urrentl y m ai ntain s th e trail sys tem along th e So uth Platt e River, which includes num ero us secondary trail ro ute co nnec tions , Th e Eng lewood Park s D ep artm ent will co ntinue to ma int ain th e portion of th e trail th rough Bell ev iew Park , FINANCIAL IMPACT There is no finan cial impact to th e Ci ty o f Englewood, UST OF ATTACHMENTS Pr o p ose d Bil l ior an O rdinan ce IGA Big Dry Creek Trai l Area Map & Pr o jec t Partn ers W, • . I • 0 - • I ' • ,, .. -~ . -- 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, introduce d. r ead in full , and passed on first reading on the 21 '' day of May, 2001. Loucri s hia A . Elli -2- .. . ' 0 I . -• • .. • - INTERGOVERNMENTAL AGREEMENT FOR MAINTENANCE OF THE BIG DRY CREEK TRAIL THIS AGREEMENT, entered into this 9th day of May, 2001 by and between the City of Englewood (referred to hereunder as "the City "), whose address is 1000 Englewood Parkway, Englewood, Colorado, 80110 and South Suburban Park and Recreation District (referred to hereunder as "the District "), whose address is 6631 South University Boulevard. Centennial, Colorado 80121-2913 . WliEREAS, there has been a joint effort by several entities including the District and the City to create a portion of the trail along Big Dry Creek which would add to and connect with the existing open space areas and trails. WliEREAS, the City owns or has easements for the proposed poriion of the Big Dry Creek Trail lyi ng within Englewood, between Belleview Park and the Platte Ri ver . WHEREAS. South Suburban Park and Recreation District performs regular maintenance on other trails in the south metro area. WHEREAS , it is in the interest of both panies for the District to conduct similar regular maintenance on this new poriion of the Big Dry Creek Trai i. NOW THEREFORE , for mutual consideration, the receipt of which is hereby acknowledged . the pariies agree as follows : I. The District shall have the right, but not the obligation , to perform regular maintenance service on the Big Dry Creek Trail as described in Exhibit A. 2. This regular maintenance may include but shall not be limited to mowing along the edges of the trail, ·sweeping, snow and ice removal , debris cleanup , pruning, pesticide application and graffiti removal. 3. The City shall permit the District access to and along the trail for purposes of said maintenance . 4. This Contract may not be modified, amended, or otherwise altered unless mutuall y agreed upon in writing by the parties. 5 . The Dis trict by and through its employees and agents shall be considered for all purpo ses of this Agreement, to be independent contractors and not employees of the City . 6 . The City by and through its employees and agents shall be considered for all purpos es of this .-\greement, to be independent contractors and not employees of the District. • A . t t a (: h m e n t 1 . , 0 I . 0 • • • • .. •• • 7 . The District shall not assign or transfer its interest in this Agreement without the written consent of the City . Any unauthorized assignment or transfer shall render this Agreement null , void , and ofno effect as to the City . 8. The District shall be responsible for the quality and completion of any maintenance performed under this Contract. 9 . Either party of this Agreement may tenninate this Agreement by giving the others party 30 days' notice in writing with or without good cause shown . Upon delivery of such notice by the District to the City and upon expiration of the 30-day period, the District shall discontinue all services in coMection with the perfonnance of this Agreement. 10 . All notices and communications under this Agreement to be mailed or deli vered to the City shall be to the following address : Director of Parks and Recreation City of Englewood I 000 Englewood Parkway Englewood , Colorado 80110 All notices and communications penaining to this Agreement shall be mailed or deli vered to the District at the following address : Manager of Parks South Suburban Park and Recreation District 6631 South University Boulevard Littleton, Colorado 80121 11 . The terms and conditions of this Agreement shall be binding upon each party , its successors and assigns . 12 . Nothing here in shall be construed as creating any personal liability on the part of an y officer or agent of an y public body, which may be party hereto, nor shall it be construed as gi ving an y rights or benefits hereunder to anyone other than the City or the District . •• ,, \ I· I • • • • •• ... .. • -.. lN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above. Attest : Loucrishia A. Ellis. City Clerk Attest : C &NGA ~IUNIIIU ... Ory crwa Trwl ... C,ryolEftt'ewoad OIMay doc: CITY OF ENGLEWOOD Thomas J. Burns, Mayor SOUTH SUBURBAl"IJ PARK AND RECREATION DISTRICT P:i ge 3 •' .. . ' I· C, ]- • • • • If ••• .. • - EXHIBIT A INTERGOVERNMENTAL AGREEMENT WITH CITY OF ENGLEWOOD FOR THE MAINTENANCE OF THE BIG DRY CREEK TRAIL Maintenance to be performed on a continuous, scheduled basis by South Suburban Park and Recreation District . I. Trail -user safety & trail inspections The District will regularly schedule inspections of the condition of railings. bridges , and trail surfaces, proper and adequate signage and lighting, removal of debris, etc . Areas of erosion and need for bank stabilization will also be monitored and addressed as necessary . Frequency of inspections will be based upon the amount of trail use. location. age. and the type of construction. During scheduled trail inspections . occurrences of graffiti and other vandalism should be noted , and removed or rep aired as promptly as possible . 2 . Trail sweeping Trail sweeping will be performed on a regularly scheduled basis (typic all y twice per month ). 3 . Trash removal Trash removal will take place on a regularly scheduled basis (typically once per week from March-October and twice per month from November-February). 4 . Tree and shrub pruning Pruning will be performed to established specifications on a scheduled and as needed basis . 5 . Mowing of vegetation The District will mow vegetation along the trail to a width not to exceed six-feet on either side of the trail way and on a scheduled basis ofat least four times per year. 6 . Snow and ice removal The District will remove snow and ice from the trail as soon as possible after a snowfall. 7 . Weed control The District will accomplish weed control along the edges and surface of the trail to the extent necessary to provide for safety of the users as well as for aesthetic purposes . P,ge ~ • I • 0 • • • 3' 0 ..J w Ill ... w U) ··---. 7 I ·. ! '··, .. i i ! j \ ... / / ··............ i -.. ..,.. i / i /:'/ / i • • • .. I • 0 ,/ at,-6 ....... ~ .............. .... ............................ '-·~· u,.._ • ._...•~c..v.1111.wa, Mlle................... u, ....... 0 ] • • • RESOLUTION NO .~ SERIES OF 2001 • • - , . ' J/e,,· A RES~UTION AUTHORIZING AN INCENTIVE PAYMENT AGREEMENT BETWEEN GAR'i(SA3ROS . SPORTING GOODS COMPANY AND !CITY OF ENGLEWOOD FOR REDEVELOPMENT AND CONSOLIDATION OF GAR S ROS . SPORTING GOODS COMPANY CORPORATE HEADQUARTERS TO BE I.; CATED AT 1050 WEST HAMPDEN AVENUE , IN THE CITY OF ENGLEWOOD , COLORADO . WHEREAS , pursuant to the provisions of Section 31 -15-903, C.R.S ., the City has the authority to negotiate for incentive payments or credits with taxpayers who est a blis h n e w business facilitie s or who expand existing business fa cilities ; and WHEREAS , City Council has established goals regarding economic development a n d improvement of the quality of life in Englewood, including business, industrial renova ti on and growth strategies; and WHEREAS , pursuant to this legislation, a City and a taxpayer may negotiate a co ntract for an incentive payment or a credit from a City to a taxpayer relating to the new or expanded business facilities ; NOW , THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , THAT : Sectjon J. The City Council of the City of Englewood , Colorado he reby authorizes t he Incentive Payment Agreement between Garts Bros. Sporting Good s Compa n y and the Ci t y of Englewood, attached hereto as "Exhibit l ". ADOPTED AND APPROVED this 21 st of May, 2001. Thom as J. Burns, 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 2001. Loucrishia A. Ellis I • 0 J • • • • . , !',, .. • • .. supports public/private redevelopment of business along co mmercial corridors. The existing program has resulted in sales tax increases and we see this investment proposal as comparable to this program . No funds would be directly allocated to this project. The budget process would notate the rebate eligibility of the compan y and would adjust estimated annual re ve nues accordingly. The impact of the rebate of these taxes is offset by the economic benefit to be derived from the project. LIST OF ATTACHMENTS Resolution Gart Sports Investment Proposal Articles on Gart Sports : • ) I • 0 I ]-- • • • • l· ",1 .. • -... • In c reasing the potential for auxiliary office and support users that will want to locate near Cart Sports and CityCenter (i.e . restaurants , office suppl y, hotel, other retail, accountants, attorneys). • Increasing average annual sales tax re ve nue to $39,926.00. • Generation of 47 indirect jobs and increase of S 1 I 0,466 in earnings potential to th e City v ia spin off of $18 mill ion in annual payroll added to the community . • Addition of estimated 125 short-term construction jobs created for 6 months o f redeve lo pment. The ex pansion wo uld employ ee 75 short-term construction jobs in Year Two thru Fiv e. • Redevelopment of 92 ,000-s /f retai l/industrial building, incl udin g covenant influence o n the redevelopment of the north p o rti o n of the property. (Owner oi the propert is negotiating a fifteen-year lease of property. If this negotiati on fails , alterna ti ves ior this building include existing industrial or wa rehous e in accordance w ith permitted zoning). FINANCIAL IMPACT The resolution establishes the following eco nomic ince nti es : Yea r 2 · 5 Cart I Reba te Co st Item Year 1 Cart Rebate Cos t Buildin Permit 1-4 ,42 8.75 A 11 ,908.75 N /A Plan Re view Fee 9.378.69 , t A 7,740.69 N /A Use Tax -const. 66 ,500 .00 66,500.00 52,500.00 26,250.00 Use Tax-e ui . 35 ,000 .00 35,000.00 43 ,7so.oo I 2 1,875 .00 Personal Property Ta x 7,555.72 ' 7,555 .72 48,000.00 48,000 .00 (' Up to maximum $10,000 based o n actual values ) Total $132,863.16 $109,055.72 $163,899.44 $96, 12s.oo· *Project To tal (not to be considered annual rebate ). Cart Cost after Rebate $23,807.44 $6 7,77 4.44 Percent Rebate to Total Cost Year 1: >82 % Year 2 thru 5: >58 % All proposed incentives are rebates . The company would be required to pa y the actual taxes on the actual amounts of expenditures for construction materials and new equipment. In addition, the company would be required to pa y the annual personal property tax for the five-year period covered by this incentive proposal. Once remitted, the company would be responsible for requesting the rebate from the City of Englewood. The rebate would be money that would not have otherwise been available to the City without the significant redevelopment of the Home Base property by Cart Sports Office Headquarters. This rebate may be considered as a community investment through a public/private partnership. Englewood currently enjoys a similar program of community investment, the Catalyst Program that ~ ' I • 0 - • • • • • • COUNCIL COMMUNICATION Date Agenda Item Subject May 16 , 2001 11 c I Business Redevelopment Incentives Gart Soorts Office Headauarters INITIATED BY STAFF SOURCE Community Development Jan Johnson , Business & Redevelopment COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council has established goals regarding eco nomic development and improvement of the quality of life in Englewood, including business , industrial ren ova ti on, and growth strategies. RECOMMENDED ACTION Staff recommends approval of the resolution for economic incentives to assist with the redevelopment of the former Home Base proper! into the Gart Sports Corporate Headquarters at 1050 W. Hampden Avenue in Englewood. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Communit Development staff has participated in redevelopment discussions with Gart Sports since April 12 , 2001 . The company has indicated that Englewood is one of three locations under co nsideratio n for th e relocation and consolidation of their headquarters , slated for completion b mid-ovember, 20 0 1. This new co rporate headquarters will unite the compan 's cu rrent offices at l 000 Broad1 a and nearb leased space in Denve r, as well as co ns olida te the recentlv acquired Oshman 's Sporting Goods based in Houston. On a combined basis , the headquarters will house executi1 e. professio nal and administrative staff that oversees a total oi 178 retail stores in 25 states . Cart Sports . a Colorado-based retail giant since 1928, would co nve rt an empt retai l/warehouse space to corporate office headquarters with a fifteen-year lease . Gart brings initially 265 jobs, an expansion to 320 jobs within three yea rs, and potential to 420 jobs within five years. The annual pa y roll is estimated at S20 million and the average salary at this site is 55 9,283 . Colorado 's 1999 annual average wage rate is 534,189. The number of jobs would ini tial! position Gart Sports as the 8'h largest employer in Englewood. The company anticipates fift y new hires with 35 being offered the chance to transfer from Houston and the remaining positions would be hired locally. In addition, the company plans expansion in Year Two through Five that includes $3 million in construction, $1 million to $1.5 million in new equipment and increasing the number of employees to 420 total . The economic beneiits of the redevelopment and relocation to 1050 W . Hampden include : • Increasing the total number of office users in the CityCenter area by over 20 percent initially. • Increasing awareness and positive perception of business opportunities in Englewood . • Creation of higher image and profile to attract other office users to redevelopment of GIW, Elati , Acoma and other sites . • I • 0 - • • • • ••• - ... EXHIBIT I INCENTIVE PAYMENT AGREEMENT This Agreement is entered into by and betwe en the City of Englewood of the County of Arapahoe, State of Colorado (" the City") a nd Garts Bros . Sporting Goo ds Compa n y C'Taxpayer"). WHEREAS, pursuant to the provisions of Section 31-15 -903 . C.R.S ., the City ha s the authority to negotiate for incentive payments or credits with taxpayers who establish n e w business facilities or who expand existing busine ss facilitie s ; a nd WHEREAS, City Council has established goals regarding economic developm e nt a nd improvement of the quality of life in Englewood, including business . indus trial re n ovat10 n and growth strategies; and WHEREAS, pursuant to this leg1slation. a City and a taxp aye r m ay negoti ate a co n tra ct for an incentive payment or a credit from a City to a taxpayer rel a tmg t o the n ew or expanded business facilities : and WHEREAS . the City and the Ta-..:pa yer desire to negotiate s uch a co ntract. NOW , THEREFORE, IT IS AGREED by the City of Engle woo d a nd the T a xpaye r a s follows : I. The Taxpaye r will establish a new busmess facility , as define d in Sec tion 39-22 - 508 .2 (3). C .R .S .. but excluding the requirements or paragraph (b ) of said s ubsecti on (3), in the City of Englewood. This new business facility will be lo cate d a t 1050 West Hampden . Engle wood . Co lorado 80110. The purposes a nd fun ct10n s of th1 s ne w busmes s facility include executive offices, accounting, buye rs of m e rchandise , a dve rtis mg a nd other corpora te offi ce headquarte r s fun ction 2 . The Taxpaye r hall comply with all of the provi s ion s of Se cti on s 39-5 -107 and 39-5- 108, C.R .S .. concerrung the filing of personal property schedule s ass ociated with the taxable personal property located at or w1thm s uch new busmes s facility a nd u sed in connection with the operation of such new bus mes s facility . 3 . 4 . The City s hall inform the School Distnct and County, in which the Taxpayer's new busmess facility or expanded business facility is located , of trus Agreement. The Taxpayer s hall be responsible for negotiating sep a rate m ce ntive pay m e nt agree me nts with the affected School District and County . The City shall make an annual incentive rebate. to the Taxp a ye r , which pay me nt s hall equal one hundred percent (100%) of the amount of taxes levied by the City fo r the City mill levy upon the 1lU.il.bk W.aQWU ~ located at or within the n e w business facility and used in connection with the operation of such new business facility for five (5) years. This incentive payment relates to the tax levied only by the City of Englewood and not to any other tax levied by another taxing entity . I • 0 • • • • -.. 5. This incentive payme nt to the Taxpayer s hall be made by the City on or about September I. 2002. and each year thereafter for five (5) years. provided the Taxpayer has co mplied with the provisions of Sections 39-5 -107 and 39-5-108 C.R.S .. and provided the Taxpayer has paid and is therefore n ot delinquent in the payment of its property taxes. (See Exhibit A) 6 . The City s hall provide a rebate to Garts Bros . Sporting Goods Company in the a m ount of one hundred percent (100%) for actual use taxes paid by Garts Bros. Sporting Good s Company for building materials in year one (1) and fifty percent (50%) actual use tax paid in year two (2) through five (5) years. 7. The City shall waive or rebate a one hundred percent (100%) in actual use t a x on equipment purchased for the 1050 Hampden Center location in year on e (1) a nd fifty percent (50 %) of actual use taxes for year two (2) through five (5). The City sales/u se tax on equipment is 3.5%. 8. Prior to any pay ment, the Taxpaye r s h a ll invoice the Ci ty for the incentive p aym e nt and provide the City with any documentation deemed necessary by t h e City to meet the requirements ofthis Agreement. 9 . If the Taxpayer s hould fail to meet its capital investment obligation s et forth in Exhibit A during any period of the Agreement a rebate will n ot be g?\'en fo r h t taxable yea r . 10. The Taxpayer s hall not assign or transfer its interest in th1s Agree me nt with out th e written consent of the City, which consent shall n ot be unreasonably withhe ld . Th e City understands; however, that Taxpayer is a publicly trad ed co mpany and . therefore, agrees that any transfers or changes in the s tock ownersh1p of the Taxpaye r shall not be deemed an assignment or transfer of Taxpaye r 's interest in th1 Agreement. Any unauthorized assignment or tra n sfer s hall render this Agreement null and void and of no effect as to the City. 11. This Agreement may not be modified , amended or oth e rwi se altered unless mutually agreed upon in writing by the parties hereto . 12 . Either party may terminate this Agreement with or without good cause s hown up on one (1) year written notice to the other party prior to termination. In the event of termination by the City, no damages, liquidated or otherwise, shall inure to the benefit of the Taxpayer. 13. Unless otherwise agreed in writing, this Agreement and the interpretation thereof shall be governed by the laws of the State of Colorado. 14 . Should any provision ofthis Agreement be determined by a court of competent jurisdiction to be unconstitutional or otherwise null and void, it is the intent of the parties hereto that the remaining provisions of this Agreement shall be of full force and effect. • 0 I • 0 J - • • • • .. ·.•' .. ... • -' 15. Notices to be provided under this Agreement shall be given in writing wither by hand delivery, or deposited in the United States mail, certified mail, return receipt requested, with sufficient postage, to the following persons : City of Englewood Attn: City Manager 1000 Englewood Parkway Englewood, Colorado 80110 Garts Bros. Sporting Goods Company Attn:---------- 16. This Agreement represents the entire and integrated agreement between the parties and supersedes all prior negotiations and representations whether written or oral. Nothing herein shall be deemed to create any contractual relationship, either express or implied, between and any other consultant or contractor or material supplier to the City of Englewood. Nothing herein shall be deemed to give anyone not a party to this Agreement any right of action against a party which does not otherwise exist without regard to this Agreement. A'ITEST: A'ITEST: Loucrishia A. Ellis, City Clerk GARTS BROS . SPORTING GOODS COMPANY By :----------- Title : ------------ CITY OF ENGLEWOOD By : __________ _ Thomas J . Burns, Mayor . ...._ •' ..: ' ~ • I I • 0 ]- Estima ted Year Capita l Inves tm ent $3.8 millio n 1 in rem odel Additional 2 Capi tal Inves tm ent Addi ti o nal 3 Cap it al In ves tment Addi ti o nal 4 Cap i ta l In ves tm ent Add it ional 5 • Capi tal In ves tm ent *Based o n 1997 mill l evy . • -. • 1 ~ ~' .. .. •• - Exhib it "A " Gari Sports Redeve lop m ent Ince nt ive Pa c kage Persona l Property Tax Actual Assessmen t Taxab le Mi ll Levy* Va lu e Ra te Va lue $3.4 milli o n 29% $986,000 7.6 63 $3 .4 milli o n 29% $986,000 7.663 $3.4 m illi on 29% $986,000 7.663 $3 .4 million 29% $986,000 7.663 $3 .4 m ill ion 29%, $986,000 7.663 • 0 ----Taxes Du e C ity A~ C'~S 111 C'11l ln c.e 11ti ve '('dr G ive n - $7,555.72 $ ,555 .7 2 <..0 111 111 em e Up to 1/1/0 2 $10 ,000.00 A -1u..i l --------$7,555.72 lJp l o $15,000.00 of ac tu,1 1 $7,555.72 Up tu $15 ,000.00 o f ac tua l $7,555 .72 Up to $15,000.00 of ac tua l -·- $7,555 .72 U p l o Expi1a l iun : $1 5,000.00 1/1/07 of ac tua l 0 I Item Building Permit Plan Review Fee Use Tax on • Cons tru c tion Materials 3.5% current rate • ._, . • ' . .. • - 0 GART SPORTS INVESTMENT PROPOSAL -CITY OF ENGLEWOOD MAY 16, 2001 Year One Years Two -Investment Proposal City Benefit Fees & Taxes Five Fees & Taxes $14,428 .75 $11 ,908 .75 N/A $26,337.50 in permit fees to th e C ity . Based on Based on $3 .0 Redevelopment of vacant 92 ,000 s/f r etai l/indu stri al, $3 .8 million million in including influencing redeve lopment of no rth ern in Expansion parcel. Cons truction Valu e includes increasing positive pPr c epti o n o f Englewood as well as in creased rede elopment potential of GIW, Elati, Acoma and o th er sit es . $9,378.69 $7,740.69 N/A -$ I 7, 1 19 .38 in plan review fees to th e Ci ty . Based on Based on $3 .0 Current zoning is industrial . $3 .8 million million in in Expa nsion Value includ es high er propert y tax va lu es , hi gher Cons tru ction profile use r and in creas ed demand for auxi li ;u y o ffi ce and SUIJDort users in vici nitv . $66,500.00 $52 ,5 00.00 $66,500.00 $3 .4 millio n in labor cos ts for th e remod el in Year Rebate in Year One One and th e expans ion in Year Two -Five. Based on Based on $1.5 Es timated 125 short -term constru ction jobs created $1.9 million million in $26,250.00 for six months o f remodel. Expansion in Year Two - in Materials Materials Rebat e 50°!., of Actual Year Five would bring es timat ed 75 shor t-term in Ye ar Two-F ive constru c tion j obs crea ting an indirec t benefit to c ommunity throuRh payroll and sales tax . • 0 Item Use Tax on New Equipment 3.5% current rate . Personal Property Tax • • -. • .. •• -.. 0 GART SPORTS INVESTMENT PROPOSAL -CITY OF ENGLEWOOD MAY 16, 2001 Year One Years Two -Investment Proposal City Benefit Fees & Talles Five Fees & Tues $35,000.00 $35,000 .00 -$35,000.00 New equipment purc has es in Year Two-Ye ar rive $52,500 .00 Reba te in Year One wou ld result in $1 7,500 .00 to $26,25 0 .00 in U se Tax . Based on $1 (average million in $43 ,750.00) Ci ty wou ld coll ect. 100°/., of Ac tual Us e Tax es after N ew $1 7,500.00 to Yea r Five for any add iti ona l si te investments. Equipment Based 011 $1 $26,250.00 for Year One. million to S 1.5 (average $21,875.00) million in Rebate 50% of Actual additional New in Year Two-Five Equipment for Year Two thr o ugh Yea r Five . $7,555 .72 S 10,000.00 -$7 ,555 . 72 -10,000.00 The Ci ty wou ld rebate p ersonal property tax es to a Maximum $15,000.00 in Year One Based on maximum of $10,000.00 for Year One. In Year Tw o $10,000.00 (average Ac tu al Taxes Paid thru -Yea r Five up t o a maximum of $1 5,000 .00. Aft er $12,000 X 4 Year Five, th e City wou ld retain all personal propert y Based on year= Up to $15 ,000.00 in taxes . $3 .4 million $48,000 .00) Yea r Two-Five Based value on Actual Taxes Paid Estima ted reven u e from Personal Property Tax at Estimated (estimate $12,000 x 4 base va lu e of $1 million is $22 ,222 .70 ove r final ten increase in yea rs = $48,000.00) yea rs of the fifteen -yea r lease . value to $4.5 million -$6 .75 million • 0 Item Gart Sports Total Economic Benefits to the City of Englewood •• • • • .. • • 0 GART SPORTS INVESTMENT PROPOSAL -CITY OF ENGLEWOOD MAY 16, 2001 Year One Years Two -Investment Proposal City Benefit Fees & Taxes Five fees & Taxes $132,863 .16 $163,899.44 in Year One Gar i Cos t t o Gari less Ci t redeve lopmen t i11 ce11ti ve: in fees & fees & taxes to Rebat e : Year One : taxes to the the City for $109,055 .72 $132,863.16 l ess $109 .05 5 .72 = $23 ,80 7 .44 in City for Year Year Two-Five revenue to Ci ty after reb ;it e. One Year Two-Five Gari Reba te: Year Two through Year Fi ve : $96,125.00 $163,899.44 less $96,125 .00 = $67,77 4.44 in revenu e to C it y afte r rebat e. 265jobs 320 jobs by Company will rank Initial redevelopment of propert y int o co rp o rat e use Year Three eigh th in Top Ten will inc reas e number of office u se rs in it yCe nt er $20 million in Englewood Emplo ye rs area by 20 percent . annual Company in Year One. payroll plans Estimated annua l ave rage sa les ta x reve nu e in c re;i se aggressive Supports retention of of $36,1 72 .00 to $43,680 .00 as direc t b enefit of Gari $59,283 growth plan for Colorado-based Sports at 1050 W . Hampden Avenue. Th e ann ual average continued Company, avoiding average sales tax is estimated at $600,000 for th e salary acquisition potential out state fifteen-yea r lease. Additional es timat ed $1 30,000.00 activity during relocation, consistent to $150,000.00 indirec t revenue, a co nse rvati ve th e next five with state and number bas ed on eco nomi c m odel provid ed b y years. regional goals and Colorado Office of Economic Developrn ent , u sin g Acquisitions objectives . influence of $20 million annual pa y roll in community . could increase number of The ratio of economic benefit gained vs . incentives employees to extended is 3: 1 . 420 from Year Five to Year Eight • 0 Item Summary TOTAL • • • '· ,, • • - ,. .. 0 GART SPORTS INVESTMENT PROPOSAL -CITY OF ENGLEWOOD MAY 16, 2001 SUMMARY Year One Years Two -Investment Proposal City Benefit Fees & Taxes Five fees & Taxes $132,863.16 $163,899.44 Year One Direct City Benefit Received: $109,055.72 Rebate $ 43,456 in Permits & Fees $ 2 1,875 in Avg . Use Tax Year Two-Five Year Two -Five $ 22,222 in Personal Property Tax over ten years $96, 125.00 Rebate $598.890 in Sales Tax Reven ue for fifteen years $686,444 in Direct Benefit lo the City over 15 years $ 45,762 Annual Direct Benefit over 15 years Indirect Benefit Breakdown: 265 jobs in Year One 320 Jobs Year Two thru Five $3,400,000 in labor for all proposed construction plans $ 140,000 in indirect benefits $3,540,000 in Indirect Benefit lo the City overl 5 years . $ 236 000 Annual Indirect Benefit over 15 years. • 0 • • • • - DenverPost.com -Business News ABOUT US/HELP ARCHIVES BUSINl!SS -Access Magazine -AP MoneyWlre -Computing -Money's Worth -Personal Portfolio -Post 100 -Stock Quotes CLASSIFl!DS COMMUNITY DISCUSSION l!NTl!RTAINMENT UFl!STYLES MARKETPLACE Nl!WS OPINION PROMOTIONS SPORTS Wl!ATHER DPO MAIN Sl!ARCH DPO: Em.I Us DP(:) Th• Donvo r Post Gart Sports to acquire Oshman's By Kelly Pate Denver Post Business Writer Feb. 23, 2001 -Gart Sports Co . said Thursday it will buy Oshman 's Sporting Goods Inc. of Houston in a cash and stock deal valued at about $82 million . If earnings trends from last year hold , the combined companies would become the most profitable sporting-goods retailer in the country , besti ng revenue leader The Sports Authority , said Gart chief executive Doug Morton . "In real income we are absolutely go i ng to be more positive ," Morton said. Gart and Oshman 's together will blanket the West and overlap in only a few markets . While Gart's 120 stores are concentrated in the Rocky Mountain region, Oshman's 58 stores are spread across the Southwest. Combined they have 178 stores in 25 states, compared with rival Sports Authority's chain of 200 stores mostly east of the Mississippi River. "If you look at the future demographic and economic studies, we will operate in states that are forecast to be very vibrant economically -California , Texas and Colorado," Morton said. Both Gart and Oshman's sell sports equipment and apparel in the middle-toupper-price ranges, with Gart's strength in ski and exercise equipment and outdoor gear. Oshman 's sales are driven by footwear and clothing. "We will achieve better results than either could on a stand-alone basis and that's the reason for doing this,• said Tom Hendrickson, Gart chief financial officer. Gart Isn't expected to cut any jobs. But Hendrickson said about half of the 250 members of Oshman's corporate staff will lose their Jobs . Morton, who will bap://www.denverpost.com/business/biz0223b.htrn Pa ge I o f4 FEATURED ADVERTISERS 3/22/01 I • 0 ]- • • • • . •,. • - De nve rP ost.co m -Bu si ne ss Ne ws retain his position as Gart chairman , CEO and president, said he expects the deal to close in June, pending shareholder and other approvals . Company headquarters will stay i n Denver and Gart will keep its GRTS Nasdaq ticker. Oshman 's ch ief executive, Alvin Lubetkin , and chairman Marilyn Oshman will take seats on the Gart board . Gart expects to report positive earnings per share in its third and fourth quarters -excluding $4 m illion to $6 million in integration costs -and possibly even positive earnings per share after figuring in those costs, Hendrickson said . Gart and Oshman's reported combined sales of $745 million and combined net i ncome of $15 .2 million for the first nine months of 2000, and expect to top $1 billion in sales for the year . Fourth-quarter and year- end results are due out next month . During the f i rst nine months of 2000 , Florida-based Sports Authority generated $1.1 billion in sales and $12.5 million net income . More consolidation forecast "(Gart is) still not as large in terms of sales, but profits is a better way to keep score," said John Horan, publisher of Sporting Goods Intelligence of Glen Mills, Pa . Horan forecasts more industry consolidation during the next five years. "Th is is a l ittle bit like the airlines . Somebody does a deal and the other guys look around and say , "Hey, we've got to do something,'-" Horan said. Analyst Rick Nelson of Stephens Inc . also envisions fewer players down the road and said Gart is in an excellent position. Nelson doesn 't have any concerns about the deal but said execution is cr it ical. "The opportunity to improve gross margin is substantial,'' Nelson sa id . "They have proven their ability to assimilate acquisitions with Sportmart, which was a lot bigger than Gart at the time. I think they've learned a lot." A healthier buy It took Gart about a year to digest Sportmart, which it purchased three years ago. Analysts say Oshman's is a healthier buy because it carries little debt. The hnp ://www.denverpost .com/business/biz0223b.hun • Page 2 o f 4 ) I • 0 3/22/01 • • -• • •• • DenverPost.com -Busine ss News Sportmart deal cost Gart $6 million in integration costs . "Both of the companies should have reasonably good fourth quarters and certainly much better fourth quarters than they've had in recent years because the outerwear business was very strong and they had help with the scooters," Horan said. Gart will pay ashman's shareholders $7 a share plus 0 .55 shares of Gart's common stock for each share of ashman's common stock . The deal, announced after the market closed Thursday , is valued just under $13 a share based on Gart's Thursday closing price of $10.75, down 25 cents from Wednesday . ashman's stock closed at $9 .35 Wednesday and jumped 10 percent to close at $10.25 on Thursday , the highest close in five years . Gart stock heading up Morton expects to save about $10 m i ll ion annua l ly by reduc i ng administrative and corporate expenses and cutting advertising costs by $2 million . In markets where both companies operate, ashman 's stores will adopt the Gart or Sportmart names . Gart's stock has been on an upward trend si nce last summer after more than a year trad ing below $8 . ashman's stock has steadily increased from $2 a year ago to a high of $10 in November. It dipped briefly before rebounding to the $9 range recently . ashman 's began in 1919 ashman's started in 1919 and focused on growth in Texas and surrounding states. During the past 10 years , the company revamped its business , clos i ng about 190 stores, opening 43 new superstores and paying down debt . Morton said he expects the combined company to open about a dozen stores in 2002 in existing markets. "New stores in existing markets have generated far higher returns than going i nto new markets and to pioneer the brand,• he said. "We have plenty of room to growth in the markets we are in.• Copyright 2001 Th• Denver l'oat. All rights rflet'ved. Thia material may not be publlattecl, broadcast, rewritten or redistributed. http ://www .denverpost .com/business/biz0223b.htm • .. Page 3 o f-. I • 0 3/22/01 • , . .. .. • - Denve rP ost.com -Business Ne ws Page 4 of4 I bPO lrom A-2 3 Retum to top • • I· 0 http ://www.denverpost.com/business/biz0223b.htm 3/22/01 • .... • • • 1t•,. • -.. DenverPost.com -Bus in ess News Page I of:! ~. 0ur Mais Are 0pen ililh,11511111~ ---24 Hours A Day Wolcamc Hom; ABOUT US/HELP ARCHIVES BUSINESS -Acceu Magazine -AP MoneyWlre -Computing -Money's Worth -Personal Portfolio -Post 100 -Stock Quotes CLASSIFIEDS COMMUNITY DISCUSSION ENTERTAINMENT UFESTYLES MARKETPLACE NEWS OPINION PROMOTIONS SPORTS WEATHER DPO MAIN SEARCH DPO: Emoi Us DP(:) Tho Donvor Pon Gart Sports net income, stock leap By Kelly Pate Denver Post BuslnHs Writer Mar. 7, 2001 -Gart Sports Co . said Tuesday that net income more than quintupled to $9 .6 million during the recent fiscal year, which helped drive the company 's stock price up 18 percent. Gart chief executive Doug Morton sa id h is company ach ieved the greatest jump in sales and net i ncome for the recent quarter and year since the company went public i n January 1998. "We th ink it 's a result of finally getti ng the financial performance out of the combinat ion of Gart and Sportmart," Morton said. Gart acquired Sportmart in 1998 . Excluding a tax benefit, net income for the year Feb . 3 hit $9 .6 million, or $1.30 per share , compared with $1.8 million , or 23 cents a share for the year ended in January 2000 . The Denver-based sporti ng goods retailer said net income duri ng the recent quarter, exclud i ng the benefit, rose 66 .7 percent from $3 .9 million , or 51 cents a share , to $6.5 m i llion , or 82 cents a share . The tax benefit puts real net income at $11 .7 million for the quarter and $23 .1 mill ion for the 52 weeks that ended Feb . 3 . News of positive earnings came as no surprise to industry watchers, whose consensus estimates came i n low at 70 cents per share for the quarter, and $1.01 for the year. Gart Sports reported sales rose 15 .2 percent to $231.6 million during the 14-week quarter ended Feb . 3. That compares with sales of $201 million during the 13-week quarter ended Jan . 29, 2000. Gart ended its fiscal year in February with a 10.3 percent increase in sales, from $681 million a year ago to $751.1 http ://www.denverpost.com/business/biz0307j .hun • FEATURED ADVERTISERS Continent.al -~ {on11nlf>nt:ilcokJr.1do r:om reason #61 it's great to be a Richmond American homeowner ... 3/22/01 I • 0 J- ..... • • DenverPost.com -Business News million. I• ~ .. • • - Gart produced 10.1 percent growth in comparable store sales during the fourth quarter, a key strength indicator on Wall Street. Comparable store sales measure growth in stores open longer than a year. The company's stock closed at $12.38 on Tuesday, after a few weeks trading below $11. On Feb. 22, Gart announced plans to buy Oshman's Sporting Goods of Houston in a cash-andstock deal valued at about $85 million. Copyright 2001 The Denver lloa. All rigltta ,-,ved. Thi• material may not be publlahed, broadcast, rewritten or redistributed. !OPO from A-2 .9 Retumtotop http ://www.denverpost.com/business/biz0307j .htm • • .. • Page 2 of2 I • 0 3/22/01 • • • • • - -04 /13/01 FRI 18:21 FAI 3038832258 Gart Real Estate Dept . GART SPORTS COMPANY• FebraaryZ2,2001 I HAKDLINERETAILING DoU61tuA. GordDn (415) 913-6313: d6ordon@/,o;a.cunt1•s.com An K. Singh (415) 913 -3213; a1ingh@bo{<JUcuritu1.com PRJCE: SlO 75 FYE I/J I l !l99A 12-MONTH TARGET PRICE: SlS EPS 52 -WEEK RANGE: SU-5 Ql!APRl \IO Ol l FULLY DILt.rrED SHARES Mi: 7 .9MM Q2(JU LI 0.07 MARKET CAP!TAUZATlON: 184 9MM QJIOCT) (0 .33 ) AVG DAILY VOL . CJ l40S.l: 6.798 Q4(J AN ) 0.50 SECUU!l EPS GROWl'H: ~ FlSCAL. Y'R IO 23 FY l !l99E IIEVENt.''ES : 1741.3 MM PIE 46 .i MAllKET CAP ./UVENUES: 11, P/EIG 23 ... IOIOO TOT AL DEBT. 1133 8MM CALE.'fDAJI YR lOIOO LTD/I'OT AL ~-= 63 .K PIE l<WO IIOAE: JO°" PIEIG 10/00 SHAREHOLDERS' EQ .: 1'76.5161 IOIOO BOOK V ALUEISHAIIE: 19 .7. D!VIDE.'ID/YlELD: !'ION!! Bue of Amcnca Sea.mun LLC CWTU,tly mamtam1 • market m ULaa MCUnt y. 2000E S0 .05A O.J •A 0.02A 0 70 Sl :.2 9.8 48'!1, , . BUY NASDAQ: GRTS M&A/Divest1ture DJIA: 10527 S&P 500: 1253 200lE S0.09 0.38 0.05 0.79 Sl.31 8.2 .1, Gart Sports establishes itnN as the Market Leader in the Sporting Goods industry after announcinv an $14 million Acquisition of Oshman's. • After the market cloaed, Gart Sports announced an $84 million acquisition of Oshman'• Sporting Goods (OSH. $10.25, not rated). The acquisition, which is expected tor.lose before the end of July, will sipiificantly expand Gart Sports' presence in tbe Mid-West uid WHtern markets and solidify the company's dominant position west of the Miaaisaippi. This acquisition is expected to be a=tive by the end ofFYOl, acludinc integration costs. and accretive after 12 J:'lonths (July WOO -July 2001 ) . including intecration coata. We view thia acquisition to be a positive development and are bullillb about the mersed company's prospec&a romr forward. • Osbman'• ahanthoJden will receive 113.05 per share. Each Os:iman's shareholder will receive S7 in cub and 0 .55 Ibara of Gart Sparta common stock, valued a t $6.05 per share, for a total or S13 .05. The total tnnaaction is valued at S84 million . There is a breuup fee, but management didn 't tpecify the amount on the conference call. That said. we don't foresei, any other competitor stepping in within the nut few weelta to offer a counter bid u most other n,tailers appear content to just sit on the llideliAa for tha nur future . • ~002 I • 0 • • • I > ' • - 04/13 1 01 FRI 16 : 2 2 F.U 3038632258 Gart Real Es t ate Dept . • Banc of America Securities • We estimate that Gut Sports will pay approltimately 4.7s Oshman'• LTM EBITDA. Dunng the conference call, management explained thot they valued Oshman's at approximately 5 .Sx trai.ling EBITDA. This is tTUe when you compare Enterprise Value to t.railing EBITDA for the 12-month period ending in late October. However. considering that the transaction won't close until July, we estimate the multiple to be approximat ely 4.7x based on an estimated 12-month EBITDA num ber spannmg from July 2000 -July 2001 . Our assumptions and calculation s are below : ENTIRPIHSI VALUE IS n1,Uion1) Equd)' + AV9 LT Debt • A.wig Cosn lalonce • Enteflln•• \loh.- LTM EBITOA IV:DITVAltatlo 2QOI Se• 1 ·o 0 94 1 20 ,.1. We are comfortable with thia valuation. Gart Sports is purchasmg a s trong co mpany wi th good fundamentals at a seemingly reasonable and fair price. Also . as noted on the call. Oshman's rent structure is highly competitive and its store locations are Iughly dttirable. Finally. we believe tha t there are tremendous synergy opportunities here. which helps j ustify the a bo ve in dustry-average Enterprise Value to EBITDA multiple offered . In short. we believe th:it the long-term bene:'itS oi :his acquisition euily outweigh the short-term costs . Finandal lmpllcatlons: • Company einimatee annualiud joint synercie• of $10 million. We t.biDk they call be hiaber. Althou&h we won't place a total synergy estunate on the propoged meager u n tll w e h~ve more tune "' diges t recent nrwa. we do believe that management is being e,,u-emely con serva o ve :n their estimai.ea . The $10 million in assumed synerg,eo only coven operatin g costa and fo r goes any top-line Cains from the merger. We believe that opportunities enst for Gart Sports' to ,mplement some of their new operating initiatives. such as the back.stock to floontoclt or t he "apparel 20 00" programs . to Oshman'• stores to d rive comp sales to even hicher levels . It should be noted that we estima ted Oshman's 3QOO s ales per square foot to be approximately S28 . over 20% lower than Gan Sport&' $37 Q3 perfo rmance. Clearly, there is room for productivity improvemen t here. In addition. there is a tremendous opportunity to expand the auto-replenishment pro"am throu,:hout the merged entity to expand rr= margins even further throughout FYOI and FY02. We are entbuaiaauc about the oppo~ties to clean creacer efficiencies out of tbe mersed company's operalinc model. Neverthelesa, management is being circumspect and expects synergies to ramp up to the S10 million mark over three years . We estimate synergies will be $5 million in y ear 1, $8 million in yea r 2. and $10 million in year 3 . • lntep-ation cost.s should be appl'Ollimately t6 million and will be eJCpeDMCl evenly over Q3 and Q4. Management estimates thot int.ecration coata will be similar to those incurced 10 the Sportmart acquisition. Thi, amount covers severance packages, he,.Jcount redundancies. t raining, and the coat of nmninc two headquarters at the same time. We believe that there is a cood ch.Ince 2 Dou,ta. A. Gordon (415) 913-6313 • taioo3 I • • • • • - 04/l~/Ol FRI 16:23 FAI 3038632258 Gart Real Estate Dept. Banc of America Securities that expenses will actually be below this target because of the differing natures of the two tTlln9actiorui . The Sportmart transaction was the fint acquisition done by the current Gart Sports' management team. so there were lessons to be learned. Now that the company has climbed that leamincfmtperience curve. we believe that this transition will not be littered with the same number of pitfalls and obstacles. Also. :is mentioned oo the call, there are fewer problems to correct at Oshman's than there were at Sportmart. As a result, we believe there is a strong possibility that total intecral:ion costa could come in under the $6 million initial tareet. • Debt levela will be initially biper than oripnally projected. However, e:r:pect the LT Debt to EBITDA ratio to decline rapidly over the course of a year. Leverage will start off higher but ahould fall rapidly if Gart Sports maintains ita course and contuiues to improve its operating model over the nezt several years. We expect LT Debt to be approximately 3:r the size of trailing EBITDA after the deal closes in July. This is 13% higher than the ratio we project..d for Gart Sports as a standalone company, but still far below the highs achieved aft.er the Sportmart acquisition . However, e:rpect the two ratios to quickly converge over the course of a year as LT debt is paid off and operating synergies are achieved. We should e:rpect to see the ratio drop as low as 2.2·2 .l:r in two years. The table below illustrates our calculations: Det,t(S111Ullon1) Gffl Lf 0.ot OSH LT Debt lcdance of Cosh ,oid To OSH Sharw,o4den hkanse of Estimsttst Psi Cos• Combined LT Deb, .-cs ... ,111 ... , LTM GltTS UITllA LTM OSH EllfTOA k!lalm Combined T ro,1,ng Elnt>A ----~ O.bl,EIITllA · Gm (Old) %0,He,wnce Additional Points: 2Q01 121 0 .. .!l 112 •1 20 2 6 1 J.O. 2 .oa I J'JI, 2Q02 112 0 •3 L 160 •S 2 1 ' 71 14a 2.2,. 7' • Gut Sports' footprint juR rot • lot biger. After the acquisition closes, Gart Sports will operate 178 stores in 25 states and have annualized revenues in excess of $1 billion. In addition, Gart Sports will now have a si.gruficant presence in Teus (28 stores) and a small prosence in Louisian.a (5), Arizona (2), Oklahoma (2). Kansas (l }, Michigan 0), Tennessee (1), South Carolina (1), and Flonda ( 1). Because the amount of overlap between 01hman's and Gart Sports stores is minimal and because Oshman'• hu already closed many of ita underperfonning stores, we don't envision a significant number of closures (probably anywhere between 3-7 stores). In addition, Gan Sports' presence 10 markets MrVed hu just inaeaaed a-emendoualy, and so baa ita influence over competitors and vendon. Before the proposed acqllislt:lon wu announced , we eatimated a 4 to 5 Gart Sports to competitor store ratio (in other words, for every , Gan Sports stores there were 5 stores representing retailers such u The Sports Authority, Oshman'1. Galyan's, etc.) in markets Gan Sports' served. After today's announcement, we eal:imate that same ratio to be appro:rimately 2 to 1 in favor of Gan Daqlu A. Gordon (415) 913-6313 3 • li11004 I • 0 • • -• • • - 04 /13 /01 FRI 18 :2t ~.\I 3038832258 cart Real Estate Dept. Banc of America Securities Sports, which is an enormous change. As we noted in our i111tiation piece, the sporting goods rewling industry is hlghly fracmented and regionalized . The competitive bal ance pendulum has swung in Gart Sports' direction u it hu taken a si.gnifiC4Jlt step in asserting it self as the market leader. The graphic below illustrates how we enV1Sion the compeotive landscape to loo!< after the Oshman's acquisition closes: • Expect the float to increase, which will help liquidity. The lac!< of liquidity has been a thorn in Gart Sports' side. With a float of only 1.8 million . Gart Sports' trad:ng voi u:ne has been exn-eme !y thin as of late, hovering around 7,000 shares per day. After t he acqu 1s1llon 1s co mplete. Gan Sports estimates that 3.3 million shares will be issued to Oshman ·s sharcholden. thereby doubling t he outstanding Goat to approximately 3.6 m..illion shares 55% of the GRTS shares given to Oshman·s shareholden will not be locked up.). • Maintain our Buy Racine, Price tarcet of SIB, and EPS projectiona. We ..,on 't update our EPS forecasts or our price target until we get a chance to review the upcommi: SEC filings . However . we do believe that there is a good chance that we will be raising our FYO Z EPS estimates by a few cents. As we previously noted. we believe that there are tremendous synergy opportunioes for the newl y formed company. Nevertheless, these gains will be offset partially by Goodwill Amortization tdepending on whether or not F.6-SB decides to change its rules). }u a result, we will hoid our EPS projections constant for the moment. and revisit our assumptions at the appropriate time. Although we are still comfortable with our $18 price target, we also pian to scrutinize that number in the near future. A£ we noted in our December 11. 2000 Fint Call note . we were comfortable with a 5.6" Enterpriae Value to EBITDA multiple for Gart Sport.I. Accordinr to the seruitivity analys,s below , maintaininc that multiple would place Gart Sports' fair value north of S21 per share. In fact . even if you apply the same multiple Gart Sparta applied to Oshman'•. you would end up with a fair value of equity ~er than the current stock price. Acain. we will revi11t that number aft.er building 4 Dou,laa A. Gordon (415) 913-6313 • • lilloos I • 0 - • • • l ......... . .. . : . ·.: ••• - 04/13/01 FRI 18 :25 FAX 3038832258 Gart Real Eatate Dept. • Banc of America Securities a detailed pro forma 1tatement. In the meantime, we are esciuod aboat Gan Sporta' future prospecta 111111 remain balliah about the atock. VALUATION SINSITMTY ANALYSIS 2Q02E L'IM BITDA 71 71 71 71 71 v......._ .......... 4.SX ..... s.o. S.:111 S.S. ,...-rv 320 337 355 373 39 1 • 2Q02E T-DeW -166 -166 -166 -166 -1 "6 + 2002l! Csb l.ll l.ll l.ll l.ll l.ll Equ;,,, Vol.,. 163 111 199 2 16 23• S/0 ,, 11 11 1 11 ""'"' ..... Shore SH $16 $11 $19 $21 -c--......... -..-uc-. I NOT FDIC-INSURED I May loae value No bank parantee Dou,m A. Gord.on (415) 913-6313 5 >' 1i110D8 ) I • 0 • • • • ,•· • - 04/13101 FRI 18:28 FA.I 3038832258 Cart Real Estate Dept . ~bancorp Piper Jaffray. Equity Research Notes Gan Sports c-pany February 23, 2001 -Pace 2 or 5 Oshman's Sponin& Goods brinp a mon1 st0re base, attncllve occupancy costs, and stTOn g rnen:hand1S1ng capab1li11es in rhe softlines area. Oshman's opentes 58 stores in 14 states, and there 1s no rMan ingfi,111-,ivemp with Gan Sports ' loc:auons . Imponantly, Oslunan's real -le is stton& and occupanc:ycDSIS are low . which are key facu,n in Gan Sports' 1cquis111on . Oshman's is also a Sll'CIIIF' perfarmer in softli,-, particuiarly women ·s apparel , and in1egranng rh1s with Gan Sports · traditional strength in hardlincs should make for a Siron& avenll perfomw,ce for bod, chains. We arc reiterating our S1ron1 Buy rarina and S 19 targ,:t pria for Gan Sports. Gan Sports has proven eormdm1blc success m bod, successfully openrina its own stores 1111d sipific:andy improvinc the operanons of acquired st.cns (Spomnan, 5"lected Sports & Recrcalion locations). Oslunan's Sponiq Goods should provide snnilar cpponuniry, bur w,: beheve the nsi< ,s substantially lower bcca11JC Oshman ·s has been bccer managed and financed than previous acqwSJnons .. /Is a result, we believe this acquisition ;,rovides substantial upside oppom,niry not reflected in our model. and )"'I nsk remains re lanvely minor . OUR CONnDENCE JS HIGH REGARDING THIS OPPORTU~ITY: Gan Sports has c1'41'ly dmlonslrated an ability to acquire and vastly improve operanons Lluough acqws1nons . Its mergr. with Sponmon several years ago is a textbook example oi managernenL Gan Sports inrcgrared Sponman 's opera11ons. vastl y enhanced in-store men:handise assortments, sharply lowered operallng expenses, and delivered s1 pufic1n1 earnings lever&!!". Gan Sports· operaling margins have doubled in the past two years , while EPS ofS0.03 in 1998 grew ro S0 23 in 1999 an d an esmnaied SI 10 in 1000. Conversely, Oshman's is a relatively healthy C001pany rhal will not require the lifesaving effo ru expended on Sponnw, The chain rcponcd solidly profitable canps rn the past yar as it similarly repositioned stores, and 11 he:ped Gan Sports lead the c~nt rebound in full-line spomna goods retailing. This merger is = focused on COit tai<eouts and less on turnaround . and we find that a rcmarui>ly sunpler and less risky opportunity. TRANSACTION AND BAU.'fCE SHEET OVERVIEW: Gan Sports bas agreed to acquire Oslunan's Sporting Goods in a tranUClloo w,th an implied value of584 m1ll1on . Gan Sports" offennc to pay 57 in cash and 0 .55 shares of Gan Spons common stock for each share ofOshman ·s Sporun1 Goods . This equates to Sl2.91 asbarc based on yesterday 's dosing price for Gan Spons. The deal 1s ,,.petted ro clot1e ,n June. and""'""' Oshman 's sharcllolden collecnvcly holding 45% ofrhat company have agreed ro vote their sharN ,n fa,·or of the transa<:tton In add1t1on . an affiliate of Leonard Green & Panners LP has il8RCd to VOie its 62~. posmon 1n Gan Sports ,n favor of lhe aa;u1S1non . Lc,-erag,: le\'els will remain relatrvely s1milar as a result ofthe tnnsacnon. Oshman 's had bank debt ofS 16 m,lhon ar the end of the third quarter. 1111d a Slltxlg fowtll quarter (not~ nopcned) would imply no debt ,r )'U!'-ffld. Oshman ·s pncrated EBITDA of Sl6.3 million over the m,ilin~ four quancn. Gan Sports has 595 million in debt prior ro this acqu1s1tion. and tnulins four-quarter EBITDA ofS37.2 million (providing a debt-ro-EBITDA iatio of2.5S :1). Assumina Od11rw1's debt ,s reduced ro SO and adding the S48 mill ion ut1ed to finlllCC the Oslmum 's ocquisition plus 11110lher S 14 million for cmmued deals COSIS. we estimate. will raise !011l debt to S157 million . This compares to combined EBITDA ofS63 .5 million if one includes the SIO million 111 cost savu,gs expected irom this merger. Hence, the debt-to-EBITDA ratio should rcnwn sinular 11 2 .48: I . Gan srons will also p,ck up addmonal deferred tax bfflefits totaling S 15 nullion . ..................... hilClllill, ,._~ f9)1J .S ...... .._,J..,lnc. ,w.,.a,..,... in-~· .. .._.... (-\A U.S . laalDPioei' ....... In,; aa.-.................... ._.....,...,_d .. .......,. (a,w'..,.lla,_.._,.... u .S ...... ,...,.J,.,,,,wc.._ ........ ......,.._Oii• ..... ~---··-·-............................... ,.,,, ......................... ~--I -FCIC-No--Iota!''---I ____________ ... ,..... .............. ______ .....,.____ ________ .. ....., ______ ..................................... _____ .............................. ,_ . .., __ ... _ . ._ .................................... ..,....,.,...._ • ....., __ .... _.IM!" ......................... _ ....... _ ... --u.a.-.. ..... .._. _ _._._ ...... ....,.. ........ ._--..__ .. ._ ___ _, ........ __ _ ....................... ~~-.... -..................... __________ .,...,,cJ)·-~-----1....._. ....,_...,._.,0r.,t111111 ....... ., .. ,...... ...... ,.,._ ......... ,~o.r,117)......_,.._ ____ .._..u.a . ..._.~...., .... ...., • .-.:_...,.,_~•.......,•u.a . ......_ ccmo,u.a.....,....,..._.._.,.... .................... ._ ... .,.. -·---- • lilloos 0 I • 0 • • - • .. ... • - 04 /131 01 FRI 16 :27 FAX 3038632258 Gart Real Estate Dept . i1009 • [m!bancorp Piper Jaffray. Cart Sparta C-,uy Felmlary 23, 2811 -Pap 3 of 5 1-ap s.-r,: (Sin nullians) Year-«! dcbc assumption Cash paid to Oshman· s slw,:holden Esrimaled deal COIIS T-1 combined debt Trailing four-qua:tcr EBITDA Assumed EBITDA due to cost savings Adjusted EBrTDA Debt-t<>-EBrTDA : Stand-alone companies Adjusted for acquisition STRONG GEOGRAPHIC FIT: GarlSNrg S9S .0 S37 .2 2.55:1 2am!!.'.! so.o $16.3 Nm Equity Research Notes tmlliDd S9 5.0 48 .3 lil lli.U $S3 .S .l.Q..Q lli2 2.48 :l Oshman 's Sportin1 Goods provides Gan Spons opportunities for both entry into new marlcct,. and de fa cto infill oi cm un1 marit cts. Osbman's opemes a total of 58 suns in 14 smes, compared to Gan Sports' 120 stores m 16 states. Incredibly, none oftbese •~• bave a marltet overlap with the ocbcr chain. and Gan Sports has identified only three stcrcs tlta1 may cl ose sun ply due ,o small s1 zt (Ill ofOshman's stora an: profitable). Gan Spom will now have a dominating presence in se"~ral imporwn swes. incl ud ing 40 siores in Califumia (the nstion 's IIIJGI -by populallon ), 28 stcres in Tc:xas (tbird-llfFSI state by populauon l, and 15 stores in Dlinois (fifth-largest stale bypapulatiOII ) . .._or ..... ._....,. ....... ,...,..-,a: (e,u .s. _.,....., ....,...._ 11191111 •--• .. ,.,,,,,..,., ........_ (-)A U.S. a.c..,.._, ~~ allcer, ...,,«..,.,...... •• .._.,_.., ... .......,.(e,w_ .. _.._,...,u.s...._.,._,~111e.-...,.........,••a11n,g . . . -FOIC-________ ... _____ .................. ___ ,_...,_......... ---·--·-.... --....., ... .,.._..._..._,., ........ ...-. .............. .._ ........ _ ........ _ ..... .., __ ..•. ---···· .... ·------·---... -..,-.• _.,--.... ~,..,--................. _ ..... _c:lafll -u.s...__ • ..._._..._.._._ ..... ......._._ .. _....._..,_,. ........ ,....... ... ...,,..... .... _--.. ..... -.......................................... _____ ,, ...... ,..... ........ ,,Qt ... ,....... ............. c-.-. ~-..0,.,, ___ ., .. ,..... ..... ,..,..__.... .......... 1 ........ o,a.,,..,,,._... ..... __ ~ ..... ..,.s. ..._.,....-.,-....-11..: ... NY'l&-.•.....,._U.& ...... --- 0 I • 0 - • • • ·. • - 04 /13 /01 FRI 16 :27 FAX 3038632258 cart Real Estate Dept . 1i11010 [$!bancot p Piper Jaffray. Gan Sports c.....,. February ZJ. ZOOJ -Pace 4 of 5 Gan Sports/ Osbman'• Sportblc Good• Store Locarioas: ~ caasporg California 30 Texas 0 Colorado 23 Ulinois 15 Utah 12 Washington 9 Idaho 7 Minnesota 5 Louisiana 0 New Mexia> 2 W:,,:,uunc 4 Oregon 3 Ohio 3 Montan& 2 Arizona 0 Oklahoma 0 Wiscaosin 2 Nevada Iowa Indiana I Kmsas 0 ~1cn1pn 0 Tennessee 0 South urolina 0 Flonda l! Tocal U!! 2w!!!!!.:l 10 28 a a I a 3 0 0 0 0 2 2 a 0 a 0 I l a Equity Research Notes I!!!!! 4() 28 23 15 13 10 7 6 5 5 4 3 3 l 11! Gan Spans plans to con"fft the Oshrmn 's stores to the Gan or Spommn names in Calif om 11. Utah. Washmb~on. and Minnesoia In Oshmao·s "home .. territay ofTeus and Louisiana. the Oshman 's name will swvive. Tlus sui>stanrilln the cost savmg:s planned from advertising expemes, as sepanie ad prosrams in key mari<ct1 like Califonua, Wulunc,on. !vtiMesaca. and ~ew ~ex,co will be consolidated W1tb the redundant prov,un eliminated. LEVERAGE OPPORTIJN11US: Gan Spans has identified two major opponunines fer earnings levcnge: expense levels and merchandise margins . Expense levels an, clemiy the !DOIi easily idennfiable, and -ha"" retlec1ed cost talteou11 !bat even111.Uy total 510 million on an annualmd basis. Most of this amoun1-9robably near S6 million-wtll be realiad from headcount reductions . panicullriy at the a,rponte level. Another S2 million "~ to result from the elimination of overlapp1nr advertisinc (all stottS in exh mariter will opente under one name. ehm1nann& the~ far difmalt advertisements). Fioally. S2 million in buying costs is expected to be realized pnmanly from ranonalizing the redundant buyin1 teams. Somti or .. ot .......... ,._ mar,Ollftan: (-,U.S. llllnc:arlt "'-° J.....,MC. ,.._ ....... in ... ~I......._ (-)A U.S...,_,......,.,...,. lfle. oac:.-. .._,,or._.....,.. •• ...,.,..__.,. .. ~. C9)WilrWI .. PIii ... ,..., u.s. ....,.,.....,....,n:. _m..,..____.otan ..... al OIOllalll' ol tar 0, ' .._.. .. _____________ ................... ____ _. .. _... ............... .._. ...... ... .,.... ___ ............ ,,, ..... _....-. ......... -.WI ............ _ ........ ___ .., __ ··-· ,____.., .... .., ................ -............. ,---.. --.-.... ...._ ___ ............... _. __ __ ...... u.5 ...... _ .. ..._ _ _..._._.._. • ....,.... ....... ,,, .......... ..,. ________________ ...,,... ... _.._ ................................................. _ ... __ ... _ ........... ,'l(Jt ... ,.... .......... ,.,---. .-..-,, ......... a.r,•1a__,., .. ,.,_.._._,..,..__...._._o.r,wn---...-..---........ v.s . ..._. ............... -• ..c--T111.-.. • ......., .. u..a. ..... (C)JCD1U.S. ...... ~~-..-.............. ...._._ ............ 1QII --- • " I • 0 • • -• • .. • - _!'_4 ~~(~1 -ERi 16 :28 FAX 3038632258 Gart Real Estate Dept . ~bancorp Piper Jaffray. Gan Sporu C1m11any Feb......,. 23. ZNl • Pase S of S Equity Research Notes Harder to quanufy but possibly of equal or peater importance cwld be the merchandise margin opportur,ities resulting from thts acquisition. Gan Spons realmod over 200 basis poinlS of improved gross profit margins since the Sponman fflCTFt. as • resu lt of improved buyinc. peater buyin1 power. and Olher factors . Similar opportuntttes should exist. ;,artic:ularty given the strength an ,oftlincs that Osbman 's brings to this combined company ..... a matter of rcf=nce. the comb ined company 1s expected to ha ve annual sales ofS 1.2 billion , so tealizin& just 100 basis points liom merchandise margins unpli es anOlher S 10 million or more in oppommrty. RAISING ES11MA Tt:S: We.,.. raisin& our EPS estimates to reflect the accretion perated from the .. pense s•vings from this acqu1siuon . Our :00 1 EPS estimate ,s 1ncnuecl to $1.3 2 !tom Sl.30, and we are introducing a Sl.!4 estimote for 2002 . Our 200 1 quanerly changes arc as follows · fi rst quarter. no changes: second quarter, decreased to S0.38 from S0 .39; third quarter, deaeascd from SO 03 to S0 .0 1; founh quaner . increased from S0 .8 1 to S0.86 . The weighting of these chan~s simply reflects the u m1ng and le~ oi the expense reduction s. Our mode l does -reflect integration costs rclaied to the merger. which we esnr:,a,e w1 ll 10W S6 million. These cxpcn,a 11ft one-tt mc 111 nature and as such arc not included in csnmotes . They incl ude item s li ke severance . rc -uc ketmg, office rcloauon. Uld duphcat1vc coats associated With temporarily openting two corp0r.1te SIies . OVERVIEW OF OSHMAN 'S SPORTING GOODS: Osl,nw,·s Spontn & Goods opaates SB sporting goods specialty stores . including 43 SuperSpons USA stores an d 15 sma ll er nditional ssorcs . The SupetSpc,m USA stores are located primanly in medium to large metrapohtan ueas acrO&S the Unned Stales. Oshman 's SuperSports USA stores arc well-known for their 1ntcnctivc merchandis,ng: stores include te11-p lay oreu. 1nclud1ng basll:ecball courts. balun& c:qes. aotf simulators. and tennis courts. The C ompan y hu spent the lut ten years c!os1n1 180 small- format nans and rcfoc:usm1 effons on larger superstores. In recent penods this was s1111mc to prove a s,p utiantl y more profi table businea model. Oshman 's occupancy costs arc impressively low, about 20'/o Ins on avenge comp ared to Gait Spons Eksplle this. Oshman ·, real CSlale II genenlly of excellent location and quality. This was an important catalyst for thts a ::quastnon. for otite: acqu muon appommi11e1 provide similar fooiprints but with dnmatically higher occupancy c.osis . .A.s ~ company purswng a producti ve re al eswc structure, Oshman's stores provide considerable advantage to Gan Sports . COMPANY DESCRIPTION: Gan Sports is the second-largest publicly tnded full-line sportinc eoods mailer m the Uruiej States, illld II the doaww,1 pan1ci p1nt in key markets including the Rocky Mountain region. Chicago. and Cal ifornia. The Ct,mpany offers lugh-q,ahty branded men:handisc in both hardlincs and softlines catep;es, and management has e.ecuted a pC>"'erfu l consolida11on and anunp story ,n recent years . Gan Sports operates 120 stores in 16 states under the Gan Spans iUld Sponman names . S....• .................. ,,_..-.: (tllU.I . -.,."-'_...,._,...._a,...,.."'._~ HCUntla. (-)A U.S .~.._,; ..... -..°*-'· ..... arOl'IS ......... •• ........... allllllrat ............ ( .. -----,-,..U.S...._.PtNf'J-.,111e .... .....,.~alart...,_. ...... _____ ._ ..................................... ---...... ·---· -----·--·----.. ......., _____ ..... ., ..... ___ . ________ ....... _________ .... .,..,_. ··-· ................................................ ,__ . .....,_... ........... .., ................... _ ...... _ .-.u.a...__ ........ ......._ ... ...,._ ..... _._... • .._....,.,...,_.. ... .,...... ....... _...,_....._. __ ______ ....._ .... u... ......... ._. ... .., ......... _ •• __ ,, _____ "' ..... ''CIJ" .. ,.._.._,.,..,..__. ................. o..t1114a_.. •• ,........_,.. .... _........,.._1, ........ o..r,111J . ..._. ....... ___ ..._ .... "s ...... ..._ ........ ,.....,,WC_N'llll._~•......,.,Y.L ...... (clallt1 Ul.--~ ....... ~-.._.. .............................. 10ZII __ ... ___ ...... • fill O 11 I • 0 • • • • • - 04 1 13 1 01 FRI 16 :28 FA.t 3038632258 Cart Real Estate Dept . lii!Ol2 ~bancorp Piper Jaffray. Equity Research Notes Gart Sports Company (GRTS -12.38) March 7, 2001 Brent R. Rystrom , 61 2-303-5522 or brysrrom@pJc.com I Rud A. Arrdrrsorr . 612-303-5507 or rarrdersorr@pJc .com Reports Exceptionally Strong Fourth Quarter; Outlook Remains Favorable; Believe Valuation Is Compelling; Raising 2001 Estimate To $1 .40 From $1.32; Reiterate Strong Buy Rating Rating: Strong Buy, Aggressive (#) Pn~: S1 2.38 52·Week Range FYEnd: January 12-Mth Pm:e T!!! (13 .5 > 200 1 EPS ) Shares Out (Md.) [I'S• ~ ~ Muket C:,p (Mtl.) Apr S0 .05 S0 .07 Avg. Da ily Vol ume Ju l S0 .J4 S0.38 Boole Value 0a S0 .02 S0 .01 OiV1dend Jar, iQ..12 a2! Ocbll! 0<3 1 Cap FY Sl.24 Sl.40 Si.62 3-5 Yr EPS Growth ,,~ JO .Ox 8.8x i .6x 2001 PIE To Growth Jui< -/MIi) .a!!!![ .m.ia ~ Ap S1b5 .7 $167.4 Jul S187.6 $25 7.S 0a S166.I S250.3 URmDiDI BftNIH · Jar, mu llli..Q QIEPS FY S751.1 SI.OJ I.S Si.0174 "EPS reflect nonnalizcd tax rate assumpuon .. £PS ~tnna1cs do IIOl reflect cion costs . wtuc h are emmatcd to tc:u l S6 million KEY POll'ITS: SH ·S.:3!< S1 9 79 S9 8 28 .690 SI I :! Ni s2•1, 15% • 20-1. 5 ~~ Ma ycOOI Gan Spons reported exceptionall y strong results for its fourth quarter Earning per share wen: S0 .82. which compam to our estimate oi SO . 70 and the S0 .51 earned ,n the )'Qr-earher pcnoci. Solid sales growth and continued mari:in expansion contnbuted favcnbly to this outperfonnanc:e and should position the Company for another SlnJng ~ ,n 200 I Same-store sales rose 10.1 %, just ahead of our model. with solid results across all merchandise categories. We were pv1 1cularly impressed with foolwear. which posted comps in the mid-to high-single-d1111 r:inge (+5 .8~o). Clearly the Company"s menchandisinc efforts m f-have been hishly ctreaive SJnce this hu been a weal< cuepy for most compeoton. Moreover, while !he foocwcar marpn me wu down for the )'Qr. ovtnll gross margm dollan were lughrr. Apparel was another good caiegory for Gan Spans in the founh quancr and comps were up m the midtecns. In hardlines, comp, in<reased ll a high-single-digit rate for the quarter . s....ar .. 0/1 ... ...._.._... ma,.....« C8K.I .S. .._,.,._.J....,._ ,.......,.....'" ... ........,........_ (-~u.s.a.c.,p,.._,....,_IRc.. ..._,, ......... ....,.. ....... ....,..., • .,........,.,e,w ......... -..,....u.s . ....,.?tparJl!!lh,f-.-,................,o,1.,.-.,.,,, ., ..................... ..,, ............................................................... ~ ..... . I .... 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Gan S,-11 C-.aay Marcia 7, 2111 -Pap 2 ol 2 Equity Research Notes The Company 's strong mcn:lwidising culhft and disciplined operating struaure continued to deliver outstanding improvemena in profilability. The puss profit margin (GP!'>t) for the quarter rose 120 ball$ points to 27.5°1.. impacted favorably by improvements in buying. pater merchandise: ccnsiSICIICy, and further use of computerized systems for allocation and replenishment activities. The SG&:A expense rmio UJllll')'ed by 40 buis points over Inst year 10 21 .6% of sales , which we aaribute primarily to the solid camp increase u well u to the •dded week of sales due 10 the retail calendar. The operating profit margin fur the quaner wu I SO buis poinlS higher than last year al 5. 8% of sales. The balance sheet remains solid and ccntinues to beoefit from the ongoing growth in profiu. Debt was down S I O million over Jut Jlf:U, to jllSI under S96 million. u EB!TDA of $41 .5 million for the year-a 50% ioc:rea.se over 1999-provided ample cash 0-. Sharehoiden ' eqwty tolaled approximately 589 million. wh ich equates to SI 1.25 per share . Inventory stood at S230 .8 million. which is abo down approxnnately SI O million vcmis last year and represents a dechnc of around 4% on a per square fOIJt buis. The cnhanc:emcnlS co men:handise flow have clearly had • fa"orable ,mpact on ,nvenrory levcls. and we believe tfa s should a,nrinue to be the cue for -1 yean; we expect store level inventories u, deciine by anorher 2%-3% ,n 200 1. The outlook continues to be highly favorable. in our view , wnh comps expected to remain Ill the 3%-4% range throughout 2001 , 111d margin levcls trending higher . We expect expansion will be dnven by orpn1c lf"wth of around seven stores. we estimate. u well the recendy llllllOIIJICCd acqwsilion ofOshman 's. which should close in the middle of the sea,nd quaner and add approximately 58 stores. Combmed. we are projcctm1 sales will increase approxnnaie ly 37% ,n 200 1. ThlS shou ld tnlnSlau: into EPS ofSJ.40 in 2001 . we esnmau,, which rep,acn,s an increase ofS0.08 from our ~ous estimate . • At recent prices, shares ofGRTS are tradinc a: what we view u a compell ing valuaoon oiJust 8 8 lmlcs our revised esrunate for 2001. Given the sleady p,,wth in sales and earninp as well .. the ,mpmst"' execution. we conti nue to bel icvc this stock offers siptificant opponwtity far appreciation in 200 I . The stock ·s liqwdity should tmpro,~ wuh the clbSUlg of the Oshman · s tn1111Ctlon in the second quaner. In addinon. we feel that the Campany" s increased sc.al• (projected sales over S 1.0 billion tn 2001) is sun: to aaract more attention . Ow 12-month ?rice*"'"' afS 19 renwns unchanged and assumes a modest low-1eens "'"ltiplc oa cWTOtll·J'ftf earnings . which is a discount to tbc sroW1h rate . COMPANY DESCRIPTION : Gan Spons ,s the iecond·llrlOSt publi cly t:*<1 full-line spomng p,ds mailer ID 1he t:n11ed Swes, 311d is the dormnan t pamc:pant m key markcu tllch1din1 the lloclt y Mountain rcllJon . Chiui:o. and Caltfornta. The Comp any offen high-qual ity branded merchandise in bolh hudlines 111d softlines ca1cpies. and management hu exee-Jted a powenill consolidanon and eam,ngs story in m:cnt years . Gan Spons operatcS 12 0 store, in 16 stares under the Gan Spons and Spomr.an names . S..oralalN ............. maw-llllfllin: (l)U.S. ............. ...,Ire.,..... ,..,..._in .. ~.-..-. (•)A U.S.~ ~...,Ire.~ . .._ ................... ....,..., ... ~.,a,w-. .. _.._,_.,u.s.a.nc.w~Jafhrw.: .... .....,.~c1an---. ....... ,.,..,.,, ............ ,..,..,., ............. ,, ...... 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GART SPORTS [NASDAQ : GRTS J Price : 10 1s1 16 Chg : 0 0% [4/4/01 1.28 PM EDT] Financia .-1-Foolish Take on GRTS: Fool Network News cu:i Latest Fool News Discussion Board Back to Headlines Gart Sports Signs Definitive Agreement to Acquire Oshman's Sporting Goods Gart Will Operate 178 Stores in 25 States; Annual Revenue to Exceed $1 Billion PR Newswire DENVER , Feb 22, 2001 /PRNewswire v ia COMTEX/ --Gart Sports Company (Nasdaq : GRTS ) announced today it has entered into a definitive agreement to acquire Oshman 's Sporting Goods, Inc. (Amex : OSH). Pursuant to the terms of the agreement, Oshman 's shareholders will receive $7 .00 cash and 0 .55 shares of Gart Sports common stock for each share of Oshman 's common stock . Based on yesterday 's closing price of Gart Sports common stock, the transaction will be valued at approximately $84 m illion . Upon completion of the acquisition of the 58 Oshman 's stores , Gart Sports will operate 178 stores in 25 states. The combined company will operate from Gart Sports ' corporate headquarters in Denver, Colorado . Collectively, Gart Sports and Oshman 's generated revenue of approximately $1.1 billion during the four fiscal quarters ended October 28, 2000. Following the closing of the acqu isition , the combined company 's common stock will be traded on the Nasdaq National Market under Gart Sports' current symbol, "GRTS ." Gart Sports management anticipates the acquisition will be accretive to earnings per share during fiscal 2001, excluding one-time integration costs . "We are delighted to have entered into this strategically i mportant agreement, which represents an extraordinary opportunity for both Gart Sports and Oshman 's," said Doug Morton, Chairman, President and Chief Executive Officer of Gart Sports. "Both companies bring outstanding name recognition, extensive industry experience and valuable assets to the combined company . Additionally , we will possess the most experienced executive management team in the retail sporting goods industry. Both Gart Sports' and Oshman's customers, employees and shareholders stand to benefit significantly from this acquisition. http ://quote .fool .com/news/symbolnews.asp ?symbols=GRTS&cumicker=GRTS&format =fractio 4/4 /01 • I • • • • I • .. The Mo tl ey Foo l Sy mbol Specific ew s Page • • - "The Gart Sports and Oshman 's store locations are highly complementary and the combined company will have an outstanding geographic presence i n the Midwest, Southwest and Western regions of the United States," said Mr. Morton . "While Gart Sports and Oshman 's currently operate in several of the same markets, we anticipate very few store closings from this transaction." Mr. Morton continued, "I n 1998, Gart Sports merged with Sportmart in a transaction that positioned us as the second largest, publ icly traded , full-line sporting goods retailer in the United States . We intend to capitalize on the experience we gained from that transaction during the integration of Oshman's with Gart Sports." Gart management anticipates there will be in excess of $10 million in annualized cost savings and merchandise buying synergies that will result from the acquisition . In add ition to reductions in corporate and administrative redundancies, the combined company should experience sign ificant sav i ngs in advertising costs in markets where both Gart Sports and Oshman 's currently operate independent marketing programs . Upon completion of the acquisition , Gart Sports' Board of Directors will be expanded from six members to eight members and will be joined by Mari lyn Oshman , Cha irman of Oshman 's, and Alvin Lubetkin, Oshman 's Vice Cha irman , President and Chief Executive Officer. Oshman 's entered in to the definit ive agreement follow i ng the unanimous recommendation of Oshman 's Board of Directors . Completion of the transaction is subject to customary cond itions , including the approval of the ashman 's shareholders and the effectiveness of a registration statement for the Gart shares to be issued . Mr. Alvin Lubetkin, Ms . Marilyn Oshman and other Oshman 's shareholders who collectively beneficially own approximately 45% of the outstanding common stock of Oshman 's , have agreed to vote their shares in favor of the transaction. The acquisition is also subject to approval of the issuance of Gart common stock to Oshman's shareholders in conjunction with the transaction . Green Equity Investors, L.P., an affiliate of Leonard Green & Partners , L.P., which beneficially owns approximately 62% of the outstanding common stock of Gart Sports, has agreed to vote its shares in favor of the issuance of common stock to ashman's shareholders in the transaction. The acqu isition is antic ipated to be completed prior to the close of Gart Sports' second fiscal quarter, wh ich ends August 4, 2001. Oshman 's and Gart Sports shareholder approvals will each be solicited by means of a proxy statement for each company . The appropriate proxy statement will be ma i led to ashman's and Gart Sports shareholders upon the completion of the required Securities and Exchange Commission filing and review processes . In conjunction with the acquisition, Gart Sports has received a commitment from its lender, The CIT Group/Business Credit, Inc., to increase Gart's revolv i ng line of credit from $175 million to $300 million . CIT's retail experience and working knowledge of both companies has brought added value to this transaction . Gart Sports is being advised on this transaction by Stephens Inc., a full-service investment bank based in Little Rock, Arkansas, as well as Los Pag e:! of 4 ADVE Go ~ Ge,. b Disco, http ://quote .fool .com/news/symbolnews.asp?symbols=GRTS&cumicker=GRTS&fonnat=fractio 4/4/01 • ) I • 0 • • • • • - The Mo tl ey Fool ymbol S pecific News Page Angeles-based Leonard Green & Partners , L.P. Oshman 's is be in g adv ised by New York City-based Finance , Inc. Conference Ca l l and S i mulcast Sc heduled to Discuss Acquisition Management of Gart Sports will conduct a conference call to d iscuss this acquisition . The ca ll wi ll be he ld today at 5 p .m . Eastern and w ill be simulcast on the web at http ://www .prnewsw1re .com . To access the si mulcast, go to th e PR Newswire site and locate "Multimed ia" in the left-hand menu bar --then cli c k "Conference Calls ." From the pu ll-down menu in the cente r of the page , se lect "Events by Company " (last on li st). Click on the letter "G," and scroll down to Gart Sports Company . To listen to th e l ive call , please go to the w eb site 15 minutes early to reg ister and down load any necessary aud io software . Replays will be available on the site shortly after the ca ll is complete . Please contact Alicia Alexander (303-393 -7 044 ) of Pfeiffe r Public Re lations, Inc. with questions . Gart Sports is the second largest, publ ic ly traded , full-l ine sporti ng goods retailer i n the United States and the lead i ng full-li ne sporting goods reta il er in the Rocky Mountain reg ion . The Company offe r s a comprehensive high-qual it y assortment of brand name sporti ng apparel and equ i pment at competit ive prices , and currently operates 120 stores i n 16 states under the Gart Sports and Sportmart names. Oshman 's currently operates 58 sporting goods spec ia lty stores, including 43 SuperSports USA stores and 15 traditional stores . The Company 's SuperSpo rts USA stores are located primarily i n med i um to large metropol itan areas across the United States, offering h igh-quality name brand and private labe l equ ipment and sportswear. Oshman 's SuperSports USA stores util ize inter act 1ona l merchand isi ng by offering sports test-play areas , i nc l uding basketba ll courts, batting cages , golf s i mulators and tenn is courts . The foregoing communication is being filed pursuant to Rule 425 under the Securities Act of 1933 and is be ing deemed filed pursuant to Rule 14a-12 under the Securities Exchange Act of 1934. Th is commun ication does not const itute an offer to sell or the so li citation of an offer to buy securities . Gart Sports Company ("Gart") plans to file a Reg istration Statement on Form S-4 under the Securities Act of 1933 i n connection with the merger, and each of Gart and Oshman 's Sporti ng Goods , Inc. ("Oshman's") expects to mail a Jo int Proxy Statement/Prospectus to its respective stockholders conta i ning in format ion about the merger. Investors and security holders are urged to read the Registration Statement and the Joint Proxy Statement/Prospectus carefu l ly when they are available . The Registration Statement and the Joint Proxy Statement/Prospectus w il l conta i n important information about Gart, Oshman's , the merger and related matters. Investors and security holders will be ab le to obtain free copies of these documents through the web site maintained by the U .S . Securities and Exchange Commission ("SEC") at http//www .sec.gov. In add it i on to the Registration Statement and the Joint Proxy Statement/Prospectus, Gart and Oshman's file annual, quarterly and special reports , proxy statements and other information with the SEC. You may read and copy any reports, statements and other Information flied by Gart or Oshman 's at the SEC public reference rooms at 450 Fifth Street, N.W ., Washington , D .C. 20549 or at the SEC's other public reference rooms in New York, New York and Ch icago , Page' o f 4 ADVE I Go <'. Get a b D isc01 hnp://quote .fool.com/news/symbolncws.asp?symbols=GRTS&cumicker=GRTS&format=fractio 4/4/01 ' I • 0 - • • -• • • .. • -.. The Motley Fool Symbol Specific News Page Back to Headlinn Format page for printing Quotes delayed 15 minutes for Nasdaq. 20 minutes for all otner stoci<s . (4/412001 2 :00:19 PM) Page 4 o f 4 Enter tlcker(al, get news Enter a company name to get its ticker: IGRTS 0 Today Only I_ ____ ~ B 0 PastWeek 0 Two months 0 Past Month 0 Thfee months Please send your questions, comments, and notes of gushing praise to the Quotes and Data discussion board The Motley Fool Portfolloa Rule Breaker Port I report! 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The Fool and its data or content prOVl<lers (such as S&P Comstock. BigCharts. AFX , or C orntex ) wonl be liable for any delays or errors in the data . or for any losses you suffer becai.e you retied upon iOiselaomer 312 ms USVAWcb018 http ://quotc.fool.com/news/symbolnews.asp?symbols=GRTS&cumicker=GRTS&format=fractio 4/4/0 I • . ' I • 0 ]- • - • ' , • - Gart Spons C ompany Quarterl y Financi a ls -Hoover's Online Page I of :! I Log In I Subscribe I Advertiae I About Hoover's I Help I Site Mao The List Of Lists A-Z Index Sec Default Private c:;® baste subscriber!. ~ busrn e!. ~ .5.V .!Cr oer~ Public Sector: Specialty Retail > Industry: Specialty Retail -Sporting Goods Retailing IPOs Gart Sports Company Subsidiary financials News & AnatySIS I ndustry Non-US Business Boneyard Company Directory Industries Business Links Small Business COl1'lBIY Profle <..© Nasdaq: GRTS (full quote) Fiscal Year-End January Free Financial lnfonnatlon Annual Financials I Ouanerly Finanaals I Real-time Filings Cu rrent Ouote I Chan I Investor Resources Financial lnfonnatlon for Subscribers ;:;;© Man<et Om I Companson Oata I Deta iled Annual Financials I Oe1a11ed Ouane rty F,n anc,als Htstoncal Fmanaals & Employees Av••-only 10 Hoove(s Online subscribers . See Samples Quartarty Financials Income Statement Quar1er Quar1er Quarter Quarter All doUar amounts ,n million Ending Endl"11 Ending Ending except per share amounts . Jan 01 (Pretlm.l OctOO Jul 00 AprOO ---------- Revenue 231 .6 166.1 187 .6 165.7 Cost of Goods Sold 124 9 140.4 126.4 Gross Profit 41 .2 47.2 39 .3 Gross Profit Margin 24 .8% 25.2 % 23.7% -· ------------- SG&A Expense 38.4 40.2 36 .2 Operating Income 2 .8 7 .0 3.1 -- Operating Marg in 1.7% 3.7% 1.9% -------- Total Net Income 11 .7 0 .2 10.8 0.4 Net Profit Margin 5.1% 0 .1% 5 .8% 0 .2% Diluted EPS ($) 1.48 0 .03 1.44 0 .05 ------ Balance ShNt Jan 01 (Pretlm.l OctOO JulOO AprOO Cash 5 .6 9 .5 8 .3 Net Receivables 7 .7 7 .9 7 .4 Inventories 283.0 259.1 257 .5 http ://www.hoovers.com/quanerlies/9/0 ,2167,54 759,00.hnnl • Quarter Ending Jan 00 201 .0 148.2 52 .8 26 .3 % 44.2 8 .6 4 .3 % 3.9 1.9 % 0 .51 JanOO 7.8 7 .0 240 .9 4/4/01 • I • 0 - • • • •· .. • - Gan Spons Company Quanerly Financials -Hoover's Onli ne Page 2 of2 Total Current Assets 304 .7 285 .3 281 .6 264 .0 ---Total Assets 384 .3 366 .4 360 .6 344.2 Short-Term Debt 0 .5 0 .4 0.4 0 .4 Total Current Liabilities 165 .5 151 .7 148 .1 159 .2 Long-Term Debt 135.7 132 .3 135 .0 113 .5 ----------Total Liabilities 307 .8 290 .2 294 .5 278 .3 --------- Total Equity 76 .5 76 .2 66 .2 65 .9 ·----·-Shares Outstanding (mil .) 7.3 7.3 7.3 7 .5 7.5 Some figures may not add up due to rounding . Data Definitions ~ ...... Some financial information provided by~~naal SeMces . Inc .. Richmond. Virginia F-I Log In I Suosame I Mvenise I About I Help I Site Map I Newsletter$ I Hoover's Wireless Home I eomi,-& I_ I Money I C._ l:lewto!>ment I News Center I Business Travel I Purchasing Center Copyright C 2001. Hoowf'1 . Inc. -··Hinng NASDAQ: HOOV Pnvacy Policy -,nglnfo http://www.hoovers.com/quanerlics/9/0,2167 ,54 759,00.hunl 4/4/01 • •· I • 0 2 • • • •• - Gart Sports : The Arch i\'es Page I of 2 The Archives The Gart Sports Story For close to seventy year . th e Gart nam e has been synon ymo us v,i th the top tier of sportin g goods retailers in th e United States. The Gart tradition began in 19::!8 when The Denver Pos t newspape r carrier. Nathan Gart. started the company with $50 in fi shin g rod sam ple s. Bringing the fun and excitement o f sports to the communities we serve . our c ustomer hav e recognized Gan Spo rt s Co mpany as a leader in providing wide assortments of the best brand nam e products a\'ai lable . In 1971. Gart Spon Company pened i t"· lirst ·· uperstore·· \\ith the o pening of the worl d fam ous Spon scastle.i tore in Denwr. The decade of the .. 80 "s " pro,·ed 10 be an exciting tim e fo r us as a company . During this period we gre w through ac qui siti on . In late 1986. \\ e merged ,, ith Thrifty Co rporat ion. a well kn own C ali fo rni a c o rp ora ti on. to help pro,·id e the capital for o ur gro \'1h . As the decade proc eeded. we acqui re d establi hed nan1es in the indu stry suc h as Ha gan ·s pons Ltd . (1987). Ste ve ns Bro wn of Salt Lake Ci ty ( 198 ). and long time Denver area competitor Dave Coo ks ( 1988). In the fall of 1992 Le onard G re en & Partners acquired Thrifty . and in early 1994 . while acquiring Payle ss Drug Store s . Leo nard Green 8:. Associates spun Gan Sports Compan y away fro m th e Thrifty umbrella. Also in 1971. at the same time Gan Sports opened the S port ca tie & . portmart o pened its first Mart in Niles. IL and grew the company to where it wa s at the time o f the Gan merge r to 60 sto re s in 9 states . Initially . Sponmart faced the challenge of co mpet ing with s pecialty store s for dominance in the marketplace. With the combination of stro ng merchandise selection and va lu e. Sportmart quickly emerged as a leader. in it s own right. in the portin g Goods industry by offering to customers everything the sportin g ent hu sia t could want. The combined Gan Sports and Sportmart stores will continue to o ffer high level s of custo mer se rvice and stri \'e to exceed customer expectati ons both in merchandi se and se n ·ice . Re sponding to the changing shoppin g panems of o ur cu sto me rs. Gan Sports Company succe ssfull y operate s mall sto re . free standin g sto res and superstores that carry a broad merchandi se asso rtm ent. and reso rt store s loc ated in nationall y recogni zed re so rt areas . "Sniagrab®" is a registered trademark of Gart Sports "Sponscastle®" is a registered trademark of Gart Sports http://www.gartspons.com/archives/index.htm 4/4/01 • • I • • • • • ' . .. • ' - Gart Spons: The Archi ves Page 2 of2 Home I Store Locations . Phone Numbers and Hours I Career Opportun ities I Discount Lift Tickets! Donations Requests I Super Services I News I The Archives I Wlat's Up Special Events Page I Contact I .. Call Gart Sports at (800) 666-8143 for more information . .. Send mail to : webmaster@gartsports .com for problems or comments about th is web site . .. For an investor relations packet. please e-mail investorrelations@gartsports.com Please .. SIie cred~s and legal notices Copyright C 2001 Gan SpolU Company Last modified: Marcil 21 . 2001 http ://www.gartsports.com/archives/index.htm 4/4/01 . . 'I ' I • 0 • • • ""··. .. •• • .. Gan S pons Com pany Ca ps ule -Hoover's Online Page I of 3 I Log In I Subscribe I Advertise I About Hoover's I Help I Site Map A-Z Index Sat o.taull Private ~ ba c. subs.c.noer s ~ ,us1ne':.$ .!. :oscnbers Public Secior Specialty Retail > 1nc1ustry: Specialty Retail -Sportin g Goods Retailing IPOs Gart Sports Company Subsidiary Non-US Company Capsule COIT1)llnY Profle <:.:;© Flnaroals News & Analysis Industry Business Boneyard Company Directory Industries Business Links Small Business ------------------------··- c;0 Avail~~ only to Hoover's Onhne subscnbers . See Sampk!s 1000 Broadway Phone: 303-861 -1122 Oen-. CO 80203 (Map ) Fax : 303-829-1511 Oenver City Guide Toll Free 800-228-<4754 http./,-ga11spo11s com Sub1idiary Locattons Catch . Throw. Shoot. Buy . As the #2 full-line sporting goods chain 1n the US, behind The Sports Authority , Gart Sports Company encourages these activities . The company has over 125 stores in 16 states in the West and M idwest Its Gart Sports and Sportmart stores se ll sporting goods. footwear. and apparel and offer equipment repairs . True to its Rocky Mountain roots , the company also cames winter sports apparel and gear. Gart Sports' large-market. freestanding stores average 40,000 sq . ft .; other stores are as sma ll as 9,000 sq . fl . The company doubled its roster of stores when it bought Sportmart in 1998. Leonard Green & Partners owns 63% of Gart Sports . The company 1s buying the Oshman 's Sporting Goods chain . Top Competitors Big 5 I REI I Sports Authority More Competitors Exclusive information for subscribers .:;;© Competitive Landscape Exclusive information for business subscribers ..,./) Products & Operations By Segment Exclusive information for subscribers ,:;;© hnp://www.hoovers.com/co/capsule/9/0,2163 ,54 759,00.html • Buy Re lated Research Reports S7 trades at: i¥E Key Numbers Nasdaq : GRTS (full quote ) Stock Chart Fiscal Year-End : January 2001 Sales (mil .I: S751 . 1 1-Yr. Sales Growth: 10 .3% 2001 Net Inc. (mil .}: S23 . 1 1-Yr. Net Inc. Growth : 1,183.3% 2000 Employees: 4 ,900 1-Yr. Employee Growth: (10.9%) ln•pth Financials .:;;© Sample Financials Key People 4/4/01 I • 0 • ' . .. ,, • • Gart Sports Company Ca psule -Hoover's Online Download CapaulN Download Hoover's Company Capsules covering thousands of US companies. Create mailing lists, merge letters. or import data into software programs. Need more information about Gart Sports? Subscribe now and access Hoover's Company Profiles for an overview . history . full li sts of competitors and officers, financials , and more . Show me Sample Profiles . News & Commentary Hoover's News Current Stories Mentioning Gart Sports (po-by lnlumen) Publication and Journal Search Search thousands of sources ,;;;:) (Exclusive information for business subsaiben;) Search the Dow Jones Publications Library Company Press Releases Federal Litigation Search federal court cases involving Gart Sports Company (Provided by Courrlinl'®) Find Related Companies c;® Hoover's Online subscribers can find more companies in this region . http://www.hoovers.com/co/capsule/9/0,2163 ,54759,00.hnnl • .. Page 2 of 3 Chairman, President, and CEO John Douglas Morton EVP, CFO, and Treasurer Thomas T . Hendrickson SVP, Store Operations Greg Waters SVP, Merchandising Arthur S . 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Page 3 ot3 For Job Seekers Company Job Openings HR Contact: Gigi Healey Data On The Go • Hoover's Wireless • Down lo ad to PDA • E-ma il this Capsule Web Search !Seled a search engine 3 for jGart Sports Feedbadt I Log In I Subscribe I Advertise I About I Help I Site Map I Newsletters I Hoovefs Wireless Home I Companies & Industries I Money I career Development I News Center I Business Travel I Purchasing Center Copyright IO 2001 . Hoover's. Inc. Hoove(s ,s Hinng NASOAO :HOOV Privacy Policy Advertising Info http ://www.hoovers.com/co/capsule/9/0,2163,54759,00.html • 4/4 /01 ~ .. • ... ) I • 0 ]- • • • • .. • - Page I of 4 Click on printer icon on your browser to print story Gart Sports Announces Record Fourth Quarter and Fiscal Year 2000 Re su lt s PR ewswire -Tuesday. March 06. 2001 -Fe rth a r er Compa rab e S:o r e sa:es :~crease -:o.:i - -Fou rth uar er Ope ra ~~g :ncome :ncreases ~57% - -F~ll Year Opera~~ng Income Inc~ea ses -::o~ - DENVER. March 6 /PRNew wire / --Gart Sports Company (Nasdaq : GRTS ) today a nn ounc ed record results for its fourth quarter and fiscal year ended February 3. 2001 . Total sales for the I 4 weeks ended February 3. 200 I increased 15.2 % to $231.6 milli on fr o m $20 I .0 million for the I 3 weeks ended January 29 . 2000 . Comparable store sales for the Company increased 10 . I % for the co mparable I 3 week period . Net income for the fourth quarter. excluding the effect of recorded tax benefits . increased to $6.5 million , or $0 .82 per diluted hare. compared to net income of $3 .9 milli on. or $0 .5 I per diluted share. in the prior year' fourth quarter. an improvement of $0 .3 I per share . Actual net income for the period. including the effect of recorded tax benefits. was SI I . 7 million. o r S 1.-18 per diluted share. Operating income during the quarter increased 57 .0% to$ I 3.5 million \'ers u operating income of $8 .6 milli on in the prior year's fourth quarter. Ea rnin gs before intere st. taxes. depreciation and amortization (E BITDA ) increased 33.9% for the fou rth quarter to SI 7.0 million versus $12 . 7 million in the prior year's fourth quarter. Total sales for the 5' week s ended February 3. 2001 increased I 0.3% to $751. I million compared to $68 I .0 million for the 52 weeks ended January 29 . 2000 . Comparable store sa le s during the fiscal year increased 6.-1% for the comparable 52 week period . et income for the fiscal year ended February 3, 2001. excluding the effect of recorded tax benefits . increased to $9 .6 million. p r $1.24 per diluted share . compared to net income of$ I .8 million. or $0 .2 3 per diluted share. in the prior year. an improvement of S 1.0 I per share . Ac tu a l net income for fiscal 2000 . including the effect of recorded tax benefits . record ed in the seco nd and fourth quarters. was $23 . I million. or $2.99 per diluted share. The tax benefit s reflect the reve rsal of valuation allowances. which had offset previousl y generated net operating losses . the majority of which were acquired in the purchase of Sportmart during January 1998 . Operating income for the year increased 1 I 0 .3% to $26.5 million ve rsus $ I 2.6 million in the prior year. EBITDA for the year increased 50.-1 % to $41 .5 million versus $27 .6 million in the prior year . Doug Morton , Chairman. President and Chief Executive Officer ofGart Sports stated. "We are extremely pleased to have achie\'ed record fourth quarter and full year earnings in fiscal 2000 . These results were driven by solid comparable store sales performances in all merchandise categories. with particularly strong results in hard-goods and apparel. We also delivered another strong gross margin rate improvement during the year. which is attributable to the ongoing progress of refining our buyi ng disciplines. more consistency in our product offering and increasing the utilization of our automated allocation and replenishment systems to more precisely drive product assortments in our stores." Morton added "Year-end inventory levels are down 4% on a per square foot basis versus last w Yo Fo sit • • • Yo No St w S U un co hs ta r an to Ho Ne w do • • • • • • G r Ch or Sp hnp ://www .hoovershbn.hoovers .com/bin/story ?Story ld=CoQrUOb WbtefuvtaZn&Print= 1 &SD= 4/4 /0 I .. I • 0 • • • •,. • -.. Pa ge 2 of 4 year's level s . and long-term debt was also reduced by $10 million at year-end . In summary. sales and gross margins have realized strong year-ove r-year increases. expenses ha ve been well leveraged and finally. inventories and debt have decreased ." On February 22. 200 I. Gart Sports announced it had signed a definiti ve agreement to acquire Oshman's Sporting Goods. Inc . (Arnex : OSH). Since that announcement. Gart Sports has secured additional commitments from certain shareholders of Oshman's common stock to \·ote their shares in favor of the proposed merger. bringing the total beneficial owners voting in fayo r of the propose d merger to approximately 50.1 %. Upon completion of the acquisition of the 58 Oshman's stores. Gart will operate 178 stores in 25 states. On a combined basis. Gart Spo rt s and Oshman's generated revenue of approximately $ I . I billion during the fou r fiscal quarters ended October 28. 2000 . Gart Sports is the second largest publicly traded full-line sporting goods retailer in th e United States and the leading full-line sporting goods retailer in the Rocky Mountain regi on. The Company offers a comprehensive high-quality assortment of brand nam e sporting apparel and equipment at competitive prices. and operates 120 stores in 16 states under the Gan Sports and Sportmart names . (tables to follow ) Except for historical information contained herein. the statements in thi s rel ease are fo rward - looking and made pursuant to the safe harbor provis ions of the Pri va te Securities Litigation Reform Act of 1995 . Forward-looking statements invo h ·e known and unknown risk s and uncertainties. which may cause Gart's and Oshman's actual results in future periods to differ materially from forecasted results . Those risks include . among other things. the inherent uncertainties associated with acquisitions of companies. the competitive environment in the sporting goods industry in general and in the specific market area of Gan and Oshman's. inflation , changes in costs of goods and services and economic conditi ons in general and in Gart's and Oshman's specifiL market area. Those and other ri sks are more full y described in the Gart's and Oshman's filings with the Securities and Exchange Commi ss ion . Ga re Sports Company Condensed Consolidated Statements of Operations (Dolla r s in thousands, excep sha re and pe r share a a ) 4 Weeks 13 Weeks 53 Weeks Ended Ended Er.d ed Februa ::-y 3 , J anuar y 2 Februa::-y 3 , 2001 20 00 2001 Net sa es S23c., 647 S2 0 1. 005 $751 , 24 Co st o f goods sold , buyinc;, and occupancy 168 ,038 48 ,171 559 , ,9 Gr o s s profit 63 ,609 52 ,834 l 1 ,34 Operat ing e x penses: Selling , general and administrati ve expenses 50 ,141 44 ,216 164 ,830 Ope rating income 13 ,468 8 ,618 26 ,51 6 Non -o perati ng i nc o me (expense ): Interest , net (2 , 7 45 ) (2 ,666) (11 ,071) Other income (expense ) (121 ) 272 246 Income before income taxes 1 0 ,602 6 ,224 15 ,691 5 Weeks En e anua~y 2 2000 S68 0 , 5 S:"",4 05 162 ,530 150 , 5 :2,605 (10 ,615 ) 2 , 9 0 Re s Su Ev bu mo ow for the Ce http ://www.hoovershbn.hoovers.com/bin/story?Storyld=CoQrUOb WbtefuvtaZn&Print= I &SD= 4/4/0 I • .. I • 0 • • • Income tax benefit (expen se ) Net income Income per share: Basi c Diluted . . ,, 1 ,087 $11 ,689 $1. 59 $1. 48 7 ,34 9 ,288 Basic weighted average shares outstanding Diluted weighted average shares outstanding 7 ,915 ,888 Pro-fo rma FY 2000 resul ts excluding the effect of the significant tax benefit and utilizing statutory ta x rate s : Income before income taxes Income tax expense Net: income Earnings per share: Basic Diluted Basic weighted average 1 0 ,602 (4, :35) S6, 4 6- so.a S 0 .8 2 shares outst and ing 7 ,349 ,29 Diluted we ighted average shares outstanding 7,915 ,888 • • - • " (2 ,343) $3 ,881 $0 .51 S0 .51 7 ,571 ,22 7,630 ,702 7 , -1 0 5 $23 ,J96 s2 .:3 S2 . 9 7 ,38 0 ,529 7 ,729 ,601 15,691 ( 6 ,:: 9) s:.3 0 S:. 24 7 ,38 0 ,529 7 ,729 ,61 Gar Sports Company Condensed Consolidated Balance Sheets (Dollars in thousands ) ASSETS Current assets: Cash and cash equivalents Merchandise inventories Other current assets Total current assets Property and equipment , net Other long -term assets Total assets LIABI~ITIES AND STOCKHOLDERS ' E UITY Cu rrent iabilities: Accounts payable Other current iabilities Total current liabi ities Long -term debt Other long -term liabilities Total liabilities February -, 2001 se,1 0 - 230 ,80 0 15 ,9: 25 4,863 59 ,293 20 ,962 S335 , 23 $105 , 395 36 ,149 141.54 .J 95 ,900 8 ,793 246 ,242 .. Page 3 of 4 (9 s ,773 $0 . 3 S 0 .23 ,632 ,6 ,, 0 :,4 2, Jan ary 2 , 2000 $7 ,84 3 240 ,891 15,291 264 ,025 59 ,694 20 ,529 $344,248 $127 ,410 31 ,762 159 ,1 72 105,900 13,282 278 ,354 http ://www .hoovershbn.hoovers.com/bin/story?Story ld =CoQrU Ob WbtefuvtaZn&Prin t= I &SD = 4/4/0 I • . . . I • 0 • • • • • - Total stockholde r s ' equity 88 ,886 Total liabilities and stockholders ' equity $335 ,128 SOURCE Gart Sports Compan y .. Page -+ of 4 65 ,894 $344 ,248 /CONT ACT : Thomas T. Hendrickson , Executive Vice President Chief Financial Officer of Gan Sports Company, 303-863-2204 ; or investors/press relations. Geoff High of Pfeiffer Hi gh Public Relations , Inc., 303-393-7044 , for Gan Sports Company/ (GRTSOSH ) RELATED QUOTES 0 ORTS OSH • 0.10 10 15/16 ._. 12 .30 news http ://www .hoovcrsbbn.hoovers.com/bin/story?Storyld=CoQrUOb Wbtcfuvtaln&Print= l &SD= 4/4/0 l •· , . I· 0 32X • • ·,· Click on printer icon on your browser to print story Oshman's Delivers Record Profits for Fiscal Year 2000 Busine ss Wire -Monday. March 19 , '.WO I • •• - HOUSTO --(8 SrNESS WIRE)--March 19. 2001--0shman's Sporting Goods Inc. (AMEX:OS H). reported today its results for the fourth quarter and fiscal year ended Feb.3.2001. The company had a net income of $7 .3 million. or $1.17 per share on a diluted share basis. in the fourth quarter of fiscal 2000. compared to net income of $1.5 million. or $.25 per share. in the same quarter last year. Net sa les for the quarter increased to $105.4 million from $93 .7 million in 1999 . a 12.5 % increase. while comparable store sales increased 6 .2% on an equivalent 14-week basis . In fiscal 2000. the company had net income of $21.0 million. or S3.46 per share on a diluted share basis . This includes gains of approximately $6.8 million from the sa le of owned property in Los Angeles during the first quarter and $700.000 from the sale of a leasehold in the third quarter. partially offset by a loss of $500.000 on the write-off of other fixed assets during the year. Additionally. the company rec orded a $972.000 gain related to a change in accounting method in the first quarter and income taxe s were a benefit of$795.000 due to the elimination of the ,·aluation a ll owance on the company's deferred tax asset offset by current year taxe s. After income taxe . results for ti cal 1999 were a net loss of$3.6 million. or $.62 per hare. Net sales for fiscal 2000 increased 7.8% to $330 .5 million from $306 .5 in 1999 . Co mparabl e store sa le s increased 7.4% on an equivalent 53-week ba i . Alvin N. Lubetkin. Chief Executive Officer. stated. "T hi marks the end of a historic year for Oshman's. one of turnaround and tran sfo rmation . De spite a very difficult operati ng environment in the fourth quarter. Oshman' reco rded the highest level of net earnings in our history , and the highest lewl of operating profit since 1984. Early in the year we told you that the element were in place for a dramatic improvement in our operating results. and I am pleased to say that we were able to live up to thi s as essment . "Our co mparable store sales increase of 6 .2% for the quarter was a olid achievement in the face of slowing retail sales nationwide. This increase was not achieved b. forge ning pricing disciplines in order to clear goo ds . In fact our gross profit percentage actually improved to 33.8% from 32 .3% in the prior year's quarter . Sales gains were le s driven by hot items . such as scooters. than in the third quarter. Instead they reflected strong results in most categories. especially hard-lines and shoes. These sales gains and margin improvements. coupled with our continuing expense disciplines . produced the profit increase . "The dramatic improvement in our results for the full year was based on the same factors . The comparable store sales gain of 7.4% was consistent throughout the year as we had increases of between 5.1 % and 11.0% in each quarter . Shoes. aided by our new High-Impact format. and most hard-lines areas were strong throughout the year . "Even while we were generating sales gains, we were improving our gross profit Page I of5 What Can You? For a quick site offers . t • Researc • Explore • Master In You Have Now Get Story With a busin subscri ption unlimited ac competitive li sts of office targeted ad v and much m to subscribe Hoover's News We scour th don 't have t • Business • Top Com • IPO New • E-Comm • Career H • Travel He Get Stock Check you or set one u Sponsored by I hnp ://www.hoovershbn .hoovers .com/bin/story ?Storyid=CoRwsubKbytaZmdi&Print=l&SD= 4/4/01 • I • 0 • • • . ,. • -' percentage to 34.7% from 34.2% in the prior year. We achieved this despite our successful efforts to reduce inventory and with some substantial increases in freight costs. At year-end our inventory was S 12 . 7 million. or 13 .5% lower than at the end of 1999. We also feel that our inventory is fresher and bener positioned than it was last year and should be an asset in our continued efforts at margin management. "Perhaps the biggest driver of improved performance in 2000 was expense control. We took a planned and disciplined approach to reducing our expenses. especiall y at the store level. As a result. selling and administrative expenses dropped from 34.3% to 30.4% of sales . We have considerably reduced our breakeven level and have positioned ourselves well to operate in difficult economic conditions. like those that are expected in 200 I. "All of these changes produced a very rewarding 2000 and have built a strong base for the future . For example. our stockholders' equity has increased by $21 .2 million. or 58.4%, from the end of 1999. from $36.4 million to $57 .6 million. We were not using our revolving credit line at the end of 2000 . \\hile we had over $37 million in debt at the end of 1999. The potential exists for greater things in the future . "We believe that the merger agreement with Gart Sports Company that was announced on February 22 is the best way for our shareholders to participate in this potential. Gart is a company with similar and complementary strengths. and the combined entity will benefit from the synergies that neither company could realize on its own. "This remarkable transformation and recovery that we have achieved leaves us with a great feeling of accomplishment. It took IO years and required the strongest effort from the Oshman team and fantastic cooperation from all our industry suppliers as well as man y real estate developers . I thank all of you for your contribution and our shareholders for their patience. "We were faced with many decisions. obstacles and turns in the road . We made many choices. I belie ve we made a lot of good ones." At year-end. Oshman's currently operated 58 sporting goods specialty stores including 43 SuperSports USA stores and 15 traditional stores. The company 's SuperSports USA store s are located primarily in medium to large metropolitan areas across the United States , offering high quality name brand and private label equipment and sportswear. Oshman's SuperSports USA stores utilize interactional merchandising by offering sports test-play areas including basketball courts. baning cages. go lf simulators and tennis courts. The information discussed herein includes "forward-looking statements" within the meaning of the federal securities laws. typicall y indentified by using words and phrases such as "expect ." "plan." "forecast." "anticipate." "should approximate ," "believe," "intend" or similar expressions . Although the company believes that the expectations reflected in such forward-looking statements are reasonable. the company's actual results could differ materially as a result of certain factors. including, the company's ability to manage its expansion efforts in existing and new markets , availability of suitable new store locations at acceptable terms. levels of discretionary consumer spending, availability of merchandise to meet fluctuating consumer Page 2 of5 Online Ma Research Sponsored B Click here to Survey your Evaluate yo business 1de more by con own market for just $450 the Online M Center to le http ://www .hoovershbn.hoovers.com/bin/story?Story Jd=CoR wsubKbytaZmdi&Print= I &SD= 4 /4/01 • ) I • 0 • • -• • I ;. .. ' ~ .. • • ... demands, customer response to the company's merchandise offerings , fluctuating sales margins , increasing competition in sporting goods and apparel retailing , the results of financing efforts and financial market conditions. as well as other factors described from time to time in the company's periodic reports filed with the Securities and Exchange Commission . --Tables to Follow -- CONSOL :DATED STATEMENTS OF OPERATIONS FOR THE THREE AND 7WELVE MON THS ENDED FEB. 3 , 2 00 1 AND J AN. 29 , 2 000 (UNAUDITED ) (in chousa ds except for per share amounts ) Nee sales Income ( oss) before income taxes and cumulative effec o f change in accounting method for inventory Income tax benefit Net income ( oss) before cumul ative effect o f change in accounting method for inventor y Cumulative effect of change in accoun ting method for inventory Net earnings (loss ) Earnings (loss) per share before c umulative effect of change in accounting method for inventory Basi c earnings (loss ) per share Diluted earnings (loss) per share Cumulat ive effect of change in accounting method for Inven tor y Basi c earnings per share Diluted earnings per share Net e arning s (loss) per share Basic earnings (l oss) THREE MONTHS ENDE D 2000 1999 $ 05 ,38 4 5 ,838 ( l , 499 ) 7 ,337 $7 ,337 $93 ,707 1 ,4 21 (66 ) 1 ,4 87 Sl ,4 87 ======== ======== $1. 27 $.26 $1.17 S.25 s --$ -- $ --$ -- TWELVE MON THS EN DED 2000 1999 $33 0 ,4 70 9 ,236 795 ) 20 ,03 1 72 $21 ,003 $3.47 $3 .30 $ .17 $.16 $306 ,492 ( 3 ,631 ) ('' ( 3 , 63 0) $(3 ,63 0) S (. 62 ) S (. 62 ) s -- $ -- http ://www .hoovershbn .hoovers.com/bin/story?Storyld=CoR wsubKbytaZmdi&Print= I &SD = •· • I A Page 3 of5 I • C, 4/4/01 • • per share Diluted earnings (loss ) per share j .. ,., ••• • ·~ • - $1. 27 S.2 6 ======== ======== Sl.17 S.2 5 ' $3 . 64 S (. 62 ) S3. 46 s (. 62 ' Weighted average share s Dilutive effec o f st ock o p tions ======== ======== ======== Diluted weig h t e d average shares outstandi n g 5 , 77 1 5 0 9 6,2 80 5 ,830 1 00 5 ,930 5 ,77 0 293 6 ,0 63 5 ,83 0 5 ,830 Same st o re sales increase ======== ======== ======== Number of stores at end of period: SuperSports USA Traditional 6.2 % 1. 7% ======== ======== 4 3 1 5 42 15 58 5 7 ======== ======== OSHMAN 'S SPORTING GO ODS , :NC . CONS OLIDATED BALANCE SH EE TS FEB. 3 , 2001 AN JAN. 29 , 2 000 BALAN CE SHE ET HIGHLIGHTS (IN TH OU SANDS ) ASSETS Cu rrent Assets Cas h and cash equivalents Accounts receivable, less allowance of $88 Feb 0 1 and Jan 0 0 Merchandise invento ries Prepaid expenses and o t h er TOTAL CURRENT ASSETS Net property, plan and equipment Other assets LIABILITIES AND STOC KH OLDERS ' EQUITY Current Liabilities Current maturities of long-term obligations Trade accounts payable Accrued liabilities Store closing reserve TOTAL CURRENT LIABILIT IES Long-term obligations Other noncurrent liab ilities FEB. 3 , 2 00 1 (UNA UDITED ) 3 56 , 0 72 81 ,412 3 ,8 1 9 86 ,659 3 2 ,764 2 0 11 9 ,44 3 ==-========= 461 32 ,27 7 19 ,974 9 7 ------------ 52 ,809 55 7 8 ,476 7 .4 % .9 • JAN . 29 ,2 000 3 1 1 ,75 0 9 4 ,1 5 7 4 96 ,694 35 ,963 8 132 ,6 65 ===========-= 58 3 0 ,094 2 0 ,998 1,0 44 ------------ 52 , 1 9 4 37 ,4 6 3 6 ,64 3 ... http://www .boovcrsbbn.hoovcrs .com/bin/story ?Storyld =C oR wsubKbytalmdi&Print= I &SD= • • J ... Page 4 of 5 I • C, 4/4/01 - • • • ... S7 0CK HOLD ERS' EQUITY • • - 57 ,601 119 ,443 CONTAC T: Oshman 's Sporting Goods Inc .. Hous o~ Alvin N. Lubetkin , 713/96 -8200 Presidenc , Chief Execuci ve Of=icer Web sice: www.o shmans.com RELATED QUOTES GRTS OSH 0 1015/16 .. O.OI 12 .28 /---~ ........ news news 36 ,365 132 , 665 .. Page 5 of 5 http://www .hoovershbn .hoovers .comlbin/story?Storyld=CoR wsubKbytaZmdi&Print= I &SD= 4/4/01 I • 0 • ~-. .. • • -.. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, MAY 21, 2001 7:30 P.M. Englewood Civic Center 1000 Englewood Parkway Englewood, CO 80110 1. Call to o rd er. 1: '-le} rYJ 2. In vocation. -R>~ 3 . Pledge of Allegiance . f>lUVA,o " ' A 4. Roll Call . 6~~ C\An.A.AJ-~~ol-f,J,u,/);"~ r~~/ ~~~ , o~~ Minutes. 4 G, , () a. Minutes from the meeting of Regular City Council Meeting of May 7, 2001. • 6. Scheduled Visitors. (Please limit your presentation to ten minutes.) fJf' 7. Unscheduled Visitors. (Please limit your presentation to five minutes.) Communications, Proclamations, and Appointments. a. A proclamation declaring Milton and Be rni ce Senti as Englewood 's Citizens of the Year for 2001 . 9. Public Hearing (None scheduled) 10. Consent Agenda . a. Approval of Ordinances on First Reading . COUNCIL BILL NO. 24 -Recommendation from th e Utilities Department to adopt a bill for an ordinance approving a License Agreement with the City of Littleton for a storm drain crossing across the City Ditch right-of-way at Aspen Grove. STAFF SOURCE: Stew.art H. Fonda, Director of Utilities. Plew note: If you h.iw .a clisabillty wl need ......, .aids or lemCft, plwe nodfy the City of fnsle1111ood (303-762-2405) .it leMt 48 houn in ---of when leMt'el ae needed. n..k you. " .. I • 0 ] • • • • - !>.1gl ewood Ci ty Counci l Ag enda M ay 21, 2001 Pag e 2 V (;"o ii. COUNCIL BILL NO. 25 -Recommendation from the Utilities Depa rtment to adopt a bill for an ordinance approving th e Wolhurst Landing Good Neighbor Offer relative to the City Ditc h. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. iii. COUNCIL BILL NO. 28 -Re commendation from the Department of Safety Services to adopt a bill for an ordinan ce accepting Victim Assistance Law Enforcement. (VA LE ) Grant Funding in the amount of $7,562.00. STAFF SOURCE: Susan McDonnell, Victim,.Witness Services Coordinator. b. Approval of Ordinances on Second Rea ding. Council Bill No. 22 , authorizing th e receipt of Great Outdoors Colorado grant funding for South Santa Fe Open Space . Council Bill No. 23, assigning and transferring to th e City and County of Denver th e 2001 City of Englewood all ocation from th e State of Colorado ceiling fo r private activity bonds to finan ce residential housi n g facilities for low and middle income persons within the Ci ty o f Englewood and ce rtain o th er c ities and counties in the State of Co lo rad o . c. Resoluti o ns and Motions. ii. iii . I\. V. Recommendati o n from the Community D eve lopment Department to adopt a resolution approving th e Final Plat for M o ntcaro Subdi vision . STAFF SOURCE: Tricia Langon, Senior Planner. Recommendation from th e Utili ties Department to adopt a resolution approving a Li cense Agreement and a Grant of Co nstruction Easement to Watson Lane , L.L.C. for th e construction of Watso n Lane across th e Brown Ditc h. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. Re o mmendation fr o m the Li ttlet on/Englewoo d Wastewater Tr ea tment Plant Supervisor Committee t o approve, by motion , th e purchas e of o ffi e furnishings for the Plant 's Service /Support Faci lity Expan sio n . Staff recomme nds awardin g the o ntra t to th e lowes t bidde r, Jo rd y Cart e r Co mme rcial Interi o r , in th e amount of $66,22 3.20 . STAFF SOURCE: Stewart H. Fonda, Director of Utilit~. Recommenda tion from the D epartment o f Publi c W o rks to approve, by motion, a c o nstructi o n on tra ct fo r Conc rete Pro gram 200 1. Staff recommend awarding th e bid to the on ly tec hni c ally acceptabl e bidder, Concrete W o rks o f Colorado, in the amount of $180,270.00. STAFF SOURCE: Ken Ross, Director of Public Worb. R o mmendation from th e Library D epa rtment to approve, by motion, a ontract for the Historical Structure Assessment of th e Englewood Santa Fe Depot. Staff re o mmends awarding the contrac t to Slater-Paull & Ass ocia tes, In . at a cos t of $12,000. STAFF SOURCE: Hank Long. Library Director. Plwe INltr. H you haw a disalJilty and Med auxiliary aids or semces, plew nolify the Cily al Eftllewood (30J.762·240S) at lea.t 48 hours in advance of when lieMcel M'e Medell. Tham you. • • I • 0 ] • • • t, • - 81glewood City Coun ci l Agenda May 21, 200 1 Page 3 11 . Regular Agenda . a. Approval of Ordinances o n First Reading. tW~ ,;; olfe~ COUNCIL BILL NO. 26 -Rec om m e ndati o n from th e City Manager's Offi e to _,il""_......,l.!.!ill for an o rdinan ce approv in g th e 2'><1 Amendmen t to th e Sublease and ..-Ml"E!t!Tnent ith the Museum of O utdoor Arts . STAFF SOURCE: Michael Flaherty, 1stant City Manager. COUNCIL BILL NO. 27 -Re commendation from th e D epa rtment of Parks and Rec reation to adopt a bill for an o rdinan ce a an Inte rgovernmen tal Agreement with South Suburban Park and rea ti o istrict for maintenan ce of th e Bi g D ry Creek Trail. STAFF SOUR : Jerrell Blac irector of Paris and Recreation and Dave Lee, Manager f Open Sp • b . Approval of O rdinan ce s on Second Rea ding. c. Resolutions and M o tions. 12. General Disc uss io n. a. Mayor's Choice. b . Co un ci l M e mbers' Ch o ice . 13. City Manager's Report. 14. -City Atto rn ey's Report . Adjournment. $ .3{) Th e fo ll owi n g minutes were tr ansmi tted to City Council betwee n May 4, 200 1 -May 17, 200 1: Eng lewood Publi c Library Board meeting of April 10, 200 1 Keep Englewood Beautiful meeting of April 10, 200 1 Englewood Park s and Rec reation meeting of April 12 , 200 1 Englewood Plannin g and Zoning Commission m ee tin g of April 1 7, 200 1 Englewood Code Enforcement Ad visory Committee mee tin g of Apr il 18, 200 1 Englewood Urban Re newa l Autho rity m ee tin g of April 18, 200 1 ..._ .... If,-llawe a 6allilty and wd auxiliary aids or sewic:es. plew notify lhe Cly al Enale•ood (JOS.7Q.2405) al le.e 41 lloun in advance of when sewices are Medecl. n.-you. • I • 0 • • '. •' • • • - :in (j) I -~-"'-l~>o 4u-OJ ~ 1~: {)&/ d-~f b -c;/J)CHuu1Ln -. I· 0 • ~· .. • • . ' ~ j - .. j • i • I . 0 • • - Light Rail Transit in metro Denver is growing in popularity and the Regional Transportation Dist ri ct (RTD ) is mo\'ing ahead in its plan, to build light rail lin es and purchase additional ,-c h1d 10 meet th e demand . A, light rail transit expands in th e metro Dcn\'cr area . th e new Ela11 Maintenance Facility "~II be constructed 10 accommodate ap proxnn atcl ) l OO li gh1 rail \'ch1 - cles. including 3-+ new Southeast omdor light rail ve hicle,-, and th e rest of RTD ·s in creasing fle et. The Southeast Co rridor ProJ eC I "ill hnng h!,!hl ra1l 1ran,11 along l -2j from Broadwa y 10 Lincoln A,enuc 111 Dougla, Co unl). and along 1-225 10 Parker Rllad in Aurora no later than summ er 2.008 The [lati fac1li1y will be bu1h JUsl cast of the existing So u1hw c,t Co mdor hgh1 rail lm c on th e wes t ,idc of \'ak \'Cnuc and Elati Streets , along the boundary of th e C11 y of En!,!kwood and the Ci ty and Co um y of Denver (sec aerial photo to right ). • The Ela1i facility will be the major light maintenance loca tion for the li ght rail transit program run by RTD. The facilit y will cost approximately $25 million to build . Although construction of the Southeast Corridor Project is expected to take seven years, the maintenance facility will be finished by the end of 2004 . • - RTD will continue 10 use its present maintenance facility for heavy maintenance operations , located at Mariposa and avaho . • I • 0 • • • - Benefits to the neighborhood: To build the Elati Maintenan ce Facilit )'. RTD will a quire sc ,·eral propcnic . including th e General Irons Facilil)'. Sh1f11ng 1hr use of 1h1s land from indu~mal use 10 a new RTD maintenan ce facili1y "ill have several hcncfu~ 10 1hr surrounding neighborhood . Aesthetics: The des ign of 1he facili1y is s1ill bc mg finali:cd : ho" e,-cr. Rl D 1, rcqum ng tha1 the facili1 y be an anracth·c addi uon 10 1he neighborhood RTD b al"° workjng with 1he ci t) of Engle " ood 10 cn,urc the fa 1111, " 111corpora 1cd into future devel opm ent planned near 1he area En\'ironmental cleanup : Before co ns tru cti on ca n begin on 1h c Elati \.1a1111cn ance Fa cilil)'. Rll) \\i ll clean up an environmentally di sturbed area . Ground water co n1a111in a1ion and a deteriorating industrial si le will be rem oved from 1h e neighborh ood . Traffic impacts: • There is no expected traffi c impact from th e fa ility. oth er 1han wh at \\'Iii be created by the approximately 300 empl o ·ecs wh o \\ill work 1hcre . Th ough projected traffi c panerns show less congestion than what currcnll ) cxi,ts 111 the area. RTD will co ntinu e to work closcl , \\i lh the neighbo rs 10 address issue of possi ble 1raffic impacts and safe t) is,ucs. Noise impacts: Th e Ela1i Maintenanc e Facility will sc rw li ght rail 1ra n,it ,·chide,." hKh produce very link vibration or noise , panicularl y co mpared to th e au 1omo- bilc and tru ck traffic currentl y in the neighborhood . The li gh1 rai l !racks will be located away from 1he neighborhood residen ces , on th e cas1 1de of 1hc fa cilit )'· .. ) I • 0 • • • • • - Public information effort: rhro ughm11 the co urse of des ign and co nstru cti on of th e Elati Maint enan ce r ac il11 y. th e u1heas1 o rrid o r Projec t "i ll be working extens ivel y \\i th th e pub hc 10 keep th em inform ed about the project and to be rcspon ive to any concern s. The first publi c mee tin g to di sc uss the maintena nce fa cilit y project and design \\i ll be held June 6 6 :30-6 :30 p .m . Engkwood City Center Community Room . In th e mea mime. if yo u have questi o ns c>r o ncc ms. o r need more informati o n regarding th e facility. we encourage yo u to contact th e So uth ea:,1 Corri dor publi c informati on staff 303-820-5278. Schedule • Engineering/Design fim1 se lec ted : Spring 2001 • Public meeting:June 2001 • Engineering design completed : Spring 2002 • Gro undbreaking: Summer 2002 • Demolition of existing buildings on site and environm ental re mediati on: Winter 2001 • onstru ction : umm er 2002 10 Sprin g 20(}! • Functi o ning facilit y: Summer 20(}! :lated Urban Development ~ Englewood Urban Renewal Auth o rit y is also co nclu c1ing a se parat e project 1acc n1 to the Elati Maintenance Facilit y that involves th e mi xed -use devcl op- 11 1 of approximately nine acres at th e nonhwes t co rner of Wes t Bat es A\'cnuc ,ti ~uth Elati Street and so uth to Danmouth Avenue. Th e devel o pment of thi s 1,·" I)' des ignated Urban Renewal Arca will coincide with th e co nstructi o n o f the ma 1ntcnancc fadlity. For more inlonnation , contact Mark Gnihlm ll the Cily of Engle wood ~762-2353 . • Design Contract Awarded RTD has awarded a co ntra ct for the engineering and arc hit ect ura l des ign of th e facilit y to Maint enance De,ign Group , a Denver-based co nsultin g fimt which specia lizes in th e plannin g and des ign of tran sit. public wor ks . utilit y. sc hoo l and governm ental o peratin g and maintenance facilitie s. Maint enan ce Desig n Gro up has d es igned and built similar mai ntenance faciliti es. fo r transit propenics nat ionwide. For more information about the Soadirast COITidor Projrct , check out die project Web site al ww.scx1thrMkllllidar.ma I I • 0 - • • Jl ~11 t/\ \J CORRI(')( 11 rn \ l'ORl.\TIC\~ l'ROI[\ T 216 16th Street Mall, Suite 1100 Denver, Colorado 80202 (303) 820-5278 www.southeastcorridor.com • • • - .. PRSRT STD U.S. POSTAGE PA ID DENVER. CO PERMI T NO . 2358 ) .. . ' ' I • 0